2025 Delaware Legislative Recap: Key Developments and What’s Ahead

July 2025 — The first session of the 153rd General Assembly concluded on June 30, 2025, marking a pivotal year for Delaware’s legislature. From sweeping budget measures to controversial policy shifts, lawmakers addressed a wide array of issues that will shape the state’s future. Below is a comprehensive look at the legislation passed in 2025, as well as key bills still in play for 2026.

Major Bills Passed in 2025

Budget and Government Restructuring

Delaware’s FY2026 Budget Passed: A 7.4% increase in general spending was approved despite declining long-term revenue forecasts. The Bond Bill and Grants-in-Aid were also finalized.
Office of Veterans Affairs & Office of
Inspector General Created: Aiming to realign government services to meet critical needs.
Corporate Code Reform (SB20): Passed in response to Chancery Court rulings that prompted some corporations to consider leaving Delaware.
Constitutional Amendment to Ban Death Penalty (1st Leg Passed): Must pass again in 2027 or 2028 to take effect.
Physician-Assisted Suicide Legalized (HB140): A decade-long effort came to fruition despite heavy opposition.
Gender-Affirming Care Executive Order: Declared Delaware a “Sanctuary State” for related healthcare.
Provider Protection Act (HB205): Grants legal protection for those conducting controversial procedures legal in Delaware but banned elsewhere.
Wind Farm Substation (SB159): Legislature overrode Sussex County Council’s zoning denial, prompting debate over local control.

Criminal Justice and Social Policy

Probation Reform (SB7): Introduced minimally intrusive parole standards.
Sentence Modification (SB10): Allows courts—not parole boards—to reduce sentences under certain conditions.
Immigration-Related Protections (HB142, HB152, HB153, HB182): Restricted cooperation with federal immigration enforcement.
Expanded Anti-Discrimination Protections (HB36, HB37): Broadened categories of protected classes.
School Board Reform Package (HB64, HB77, HB82, HB83, HB85): Improved transparency and uniformity in governance.
School Performance Score Card (HB29): Measures school-level outcomes for accountability.
Open Access to Library Materials (HB119): Sparks debate over parental control and access to content in school libraries.
Financial Literacy Requirement (HB203): High school students must now take a ½ credit course in financial literacy to graduate.

Key Bills Carried Over to 2026

Taxes and Budget

Tax Bracket Revision (HS2 for HB13): Would add higher brackets; paused due to improved revenue projections.
Senior Tax Relief (HB72, HB73, HB108): Proposals for pension and property tax benefits were stalled.

Voting and Election Reform

Early Voting & No-Excuse Absentee Ballots (SB2, SB3): First leg passed; second vote due in 2027–2028.
Primary Election Date Change (HB65): Proposed move to April; still pending Senate vote.
Voting Rights Expansion (HB180) and other reforms carry forward.

Immigration Bills

Several bills (HB58–HB96, HB182) limiting cooperation with ICE and protecting immigrant privacy and access to services remain in progress.

Second Amendment and Criminal Justice Highlights

Firearms Definition Modernized (HB4): Removed archery and air guns from outdated “projectile weapons” definition.
Constitutional Death Penalty Ban (HB35): First leg passed.
Class E Felony for Discharging Firearms at Structures (HB123): Now law.
Expanded Red Flag Laws (SB82): Lengthens protective orders from one to five years.

Education Legislation

School Board Transparency and Conduct (HB64–HB85): Multiple bills passed to address conduct and residency issues.
Free Breakfasts for All Students (HB91): Begins in the 2026–2027 school year.
Student Cell Phone Restrictions (SB106): Awaiting House action.
State Retirees Can Return to Classroom (SB52): Passed to address teacher shortages.

Environment & Energy

Delaware Energy Fund (HB50): Redirects funds to assist low-income residents with energy costs.
DNREC Fee Increases (HB175): Expected to generate $7.2M annually.
Polluter Fines Increased (HB210): Signed into law.
Nuclear Feasibility Study (SCR18) and Solar Net Metering Study (SJR1) also advanced.

Bills to reverse renewable mandates, terminate the EV program, and exit the RGGI initiative did not pass but may resurface in 2026.

Life, Health, and Parental Rights

Right to Abortion Constitutional Amendment (SB5): First leg passed.
Right to Privacy Amendment (HB14): Awaiting House vote.
Office of Suicide Prevention (HB54): Created.
Ban on Gender Surgery for Minors (SB55): Remains stalled.
Expanded Rights for the Homeless (HB135): Carries over.

Equal Rights

Non-Discrimination Laws Aligned (HB36, HB37): Now include pansexual, asexual identities.
Anti-Discrimination Expansion Bills (HB115, SB78): Target body size, gender identity, and hairstyle discrimination.

Administrative & Corporate Governance

Inspector General’s Office (SB4): Created.
Corporate Reform (SB21): Responds to business flight concerns.
Medical Debt Protections (SB156): Prohibits medical debt from affecting credit.
Creation of Department of Veterans Affairs (HB1): Elevates status of veterans services.

Concerns About Government Overreach

Wind Farm Override (SB159) and ADU Zoning Override (SB87) raised concerns over erosion of local control.
Executive Order on Gender-Affirming Care: Limits state cooperation with out-of-state investigations.
Utensil Ban & Pay Transparency Bills: Carry over into 2026 amid business pushback.

Final Thoughts

The 2025 session closed with significant accomplishments and unresolved debates. Many high-impact bills will return in 2026 as the second half of the 153rd General Assembly unfolds. Citizen engagement remains essential—Delawareans are encouraged to stay informed and get involved.

Brent Burdge – Legislative Analyst, Delaware Live

Brent Burdge, Legislative Analyst, Delaware LIVE News

Brent Burdge joins Delaware LIVE as a Legislative Analyst, bringing a unique blend of technical expertise, civic engagement, and analytical insight. For the past five years, Brent has led a grassroots initiative focused on helping local citizens better understand the workings of the Delaware General Assembly. His new role expands this mission to a broader audience, aiming to make legislative activities more accessible and transparent for the public.

Brent holds a degree in Engineering from Kansas State University and brings decades of professional experience from his successful corporate career at DuPont Performance Coatings and Axalta Coating Systems. Over the years, he has held leadership roles in Engineering, Operations, IT, and Supply Chain Management.

A Wilmington resident for over 35 years, Brent combines his passion for civic education with a strong background in business and data analysis to shine a light on the often complex legislative process in Dover. With the General Assembly considering upwards of 900 bills—and as many as 1,800 pieces of legislation including amendments and resolutions—his goal is to distill the most impactful and relevant developments for citizens. Through his work, Brent strives to empower Delawareans with the knowledge they need to understand how legislative decisions affect their lives, priorities, and communities.

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