Delaware Bills

passed both · Delaware · Senate Aug 12, 2025

SCR 122: CALLING FOR A COMPREHENSIVE REVIEW OF DELAWARE’S PROPERTY REASSESSMENT PROCESS AND DEVELOPMENT OF IMPROVEMENTS FOR FUTURE REASSESSMENTS.

This Senate Concurrent Resolution calls for an immediate review of the recent statewide property reassessment by the members of the General Assembly, in collaboration with state, local, and school district officials, to develop legislative and operational measures that ensure future reassessments are conducted fairly, transparently, and equitably.

Ed Osienski (D) Frank Cooke (D) Mara Gorman (D) Dave Sokola (D) Bill Carson (D)

passed · Delaware · House Jul 1, 2025

HB 86: AN ACT TO AMEND TITLE 14 AND TITLE 15 OF THE DELAWARE CODE RELATING TO RECOUNTS OF BALLOTS IN ELECTIONS.

This Act establishes a uniform threshold and procedure for a recount after a primary or general election for a statewide office, State Senator, State Representative, county office, the City of Wilmington, or school district elections. Under this Act, a recount will be conducted if the difference in the number of votes is 1% or less. This Act makes the following changes to current law: • Eliminates the need for a candidate to request a recount after a general election for statewide office, State Senator, State Representative, county office, or office in the City of Wilmington. • Eliminates the need for 25 voters to petition for a recount in school district elections. • Establishes a clear threshold for a recount equal to a difference of 1% or less of the votes cast. Changing the recount threshold to 1% or less will likely be a substantive change to existing law only for statewide elections and county-wide offices in New Castle County. Current law allows a recount after a primary or general election for a statewide office, State Senator, State Representative, county office, or office in the City of Wilmington if the number of votes separating 2 candidates is less than 1,000 votes or ½ of 1% of all of the votes cast for the 2 candidates, whichever is less. • Based on the number of votes cast in the most recent elections, ½ of 1% and 1% of the votes cast will almost always be under 1,000 for State Senator, State Representative, county office, or office in the City of Wilmington. • For statewide offices or county-wide offices in New Castle County, ½ of 1% will almost always be more than 1,000 votes so changing the threshold to 1% or less will allow for recounts after more elections for these offices. Similarly, under existing law, a recount may be requested in a school district election if the difference in the election of a school board member or in the outcome of an election regarding taxes, standard school construction, or bonds is less than 10 votes or ½ of 1% of the total vote, whichever is larger. Both 1% and ½ of 1% of the votes cast will almost always be more than 10 votes. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including revisions to align § 1083 of Title 14 with the current responsibilities and practices of the Department of Elections. This Act does not need a super-majority because this Act does not change the City of Wilmington’s authority under its charter because in 1955, the General Assembly enacted 50 Del. Laws. c. 390, § 9, which clearly provides that Chapters 31 and 57 of Title 15 are applicable to the holding of elections in the City of Wilmington.

passed both · Delaware · Senate Jul 1, 2025

SCR 18: CREATING A TASK FORCE TO STUDY NUCLEAR ENERGY IN DELAWARE.

This resolution establishes the Delaware Nuclear Energy Feasibility Task Force to examine the feasibility, economic impact, regulatory considerations, energy reliability, and environmental implications of deploying Small Modular Reactors (SMRs) in Delaware.

passed both · Delaware · Senate Jul 1, 2025

SB 11: AN ACT CONCURRING IN A PROPOSED AMENDMENT TO ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO CRIMINAL PROCEDURES.

This Act is the second leg of a constitutional amendment to modernize the bail provisions within the Delaware Constitution and clarify the power of the General Assembly to enumerate certain felony offenses for which, or circumstances under which, pretrial release on bail may not be allowed. The first leg of this constitutional amendment was Senate Substitute No. 1 for Senate Bill No. 11 of the 152nd General Assembly, published in Chapter 283 of Volume 84 of the Laws of Delaware. On passage of this second leg by this General Assembly this amendment will become part of the Delaware Constitution. The current constitutional provision providing that only “capital offenses” are potentially not bailable first appeared in its present form in the Delaware Constitution of 1792. At that time, “capital offenses” included many more offenses than the term does today. For example, manslaughter, rape, robbery, burglary, and assaults with weapons were capital offenses, and therefore included as crimes for which a court could order pretrial detention. Thus, over time, certain crimes that the Framers included as potentially not bailable are currently bailable. Presently, a Delaware state court judge cannot order preventive detention in any non-capital case. Instead, the judge can only attempt to set the bail so high that a defendant cannot make it, which means that any defendant, no matter how dangerous and no matter the circumstance, can obtain release if the defendant can fund the bail—even if that defendant poses a certain flight risk or a known threat of harm to the public or to a specific person, such as a witness or victim. This Act is one step toward completing a pretrial release-detention continuum requiring specific evidence-based detention decisions that seek to maximize public safety while minimizing pretrial detention for those for whom detention is not required. Specifically, this Act will do all of the following: (1) Retain the express declaration of a general right to have bail set in a criminal case. (2) Provide that the crimes for which bail may be withheld are capital murder, where the evidentiary proof is positive or presumption of the accusation great, and other specifically identified felony offenses determined by and under procedures prescribed by law where the evidentiary proof is positive or presumption of the accusation great. (3) Ensure that an additional condition precedent to bail being withheld in non-capital cases is a finding by clear and convincing evidence that no condition or combination of conditions of release will reasonably assure the person’s appearance at court proceedings, reasonably assure the protection of the community, victims, witnesses, or any other person, and reasonably maintain the integrity of the judicial process, such that the defendant will not obstruct or attempt to obstruct justice. With the adoption of this Act, Delaware can progress toward the type of modern bail system that has been increasingly adopted by our sister states through amendment of their state constitutions, when needed, and the development of statutory procedures that provide, in appropriate cases, pre-trial detention without bail. And this Act does so by adopting the standards recommended by authoritative sources including the National Conference of State Legislatures, the Uniform Law Commission, the National Center for State Courts, the American Bar Association, and the numerous state legislatures and court systems that have studied pretrial detention and retained or incorporated them in their own state constitutions and laws. This Act, by itself, would not allow that a person charged with a non-capital crime could be held without bail. Rather, no person could be subject to a preventive detention hearing in a non-capital case until the General Assembly revises Chapter 21 of Title 11 of the Delaware Code to prescribe by law the specific felony offenses, circumstances, and procedures under which detention without bail may occur. The General Assembly has made the necessary revisions to Chapter 21 of Title 11 through the adoption of Senate Bill No. 12 of the 152nd General Assembly, published as Chapter 473 of Volume 84 of the Laws of Delaware, which was enacted on September 30, 2024, and will take effect 6 months after the enactment of this Act. This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly when the General Assembly amends the Delaware Constitution.

Topics ✓ Criminal Justice

passed both · Delaware · Senate Jun 30, 2025

SCR 106: DIRECTING THE STATE FARMLAND EVALUATION ADVISORY COMMISSION TO COMPLETE A STUDY ON TAXATION OF FARM STRUCTURES AND AGRICULTURAL LAND.

This Concurrent Resolution directs the State Farmland Advisory Evaluation Commission to complete a study on how other states assess property and structures devoted to agricultural, horticulture, and forest use and report its findings and recommendations by March 2, 2026.

passed · Delaware · House Jun 30, 2025

HCR 76: RECOGNIZING SIGNIFICANT HEALTH CONCERNS REGARDING WATER BEAD TOYS AND URGING THE DELAWARE DEPARTMENT OF EDUCATION TO TAKE REGULATORY ACTION.

This Concurrent Resolution recognizes the significant health concerns regarding water bead toys and urges the Delaware Department of Education to take regulatory action to keep children safe.

passed both · Delaware · House Jun 30, 2025

HCR 74: ESTABLISHING THE HOUSING DEPARTMENT TASK FORCE.

This House Concurrent Resolution (HCR 74) creates a temporary Housing Department Task Force. The task force will examine housing-related issues within the department, though the resolution does not specify its exact composition, timeline, or duties. As a procedural resolution, it does not enact new laws or directly affect residents or housing policies; it simply establishes a group to study departmental matters. The resolution itself is the only concrete action taken.

passed both · Delaware · House Jun 30, 2025

HB 35: AN ACT PROPOSING AN AMENDMENT TO ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO PROHIBITION OF THE DEATH PENALTY.

This Act is the first leg of a constitutional amendment to prohibit the imposition of the death penalty. Amending the Delaware Constitution requires not only the passing of the changes in this Act, but also passage of the same changes after the next general election by the next General Assembly. This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution. This Substitute for House Bill No. 35 makes technical corrections and omits the changes to § 12 of Article I to avoid confusion as there is a different currently pending amendment to that section.

Topics ✓ Criminal Justice

passed both · Delaware · Senate Jun 26, 2025

SCR 103: RECOGNIZING NOVEMBER 2025 AS "AUTOIMMUNE DISEASE AWARENESS MONTH" IN THE STATE OF DELAWARE.

This Senate Concurrent Resolution (SCR 103) designates November 2025 as "Autoimmune Disease Awareness Month" in Delaware. It is a non-binding resolution expressing the state legislature's recognition of autoimmune diseases and their impact on residents. The resolution does not create new laws, allocate funding, or impose requirements; it solely aims to raise public awareness during that month. It directly affects Delaware residents by highlighting autoimmune health issues through official state recognition.

passed · Delaware · House Jun 26, 2025

HCR 77: RECOGNIZING THE DELAWARE NUTRIENT MANAGEMENT PROGRAM AND THE DELAWARE NUTRIENT MANAGEMENT COMMISSION.

This concurrent resolution recognizes Delaware Nutrient Management Program and Commission, and the efforts they have made toward their mission to help improve and protect the quality of Delaware's ground and surface waters.

Topics ✓ Environment

passed both · Delaware · Senate Jun 26, 2025

SCR 104: RECOGNIZING THE MONTH OF JUNE 2025 AS MYASTHENIA GRAVIS AWARENESS MONTH IN THE STATE OF DELAWARE.

This concurrent resolution designates June 2025 as Myasthenia Gravis Awareness Month in Delaware. It formally recognizes the condition and aims to increase public awareness about Myasthenia Gravis within the state. The resolution has no binding legal effect or policy changes.

passed both · Delaware · Senate Jun 26, 2025

SCR 120: DESIGNATING JUNE 28, 2025, AS “STONEWALL UPRISING REMEMBRANCE DAY” IN THE STATE OF DELAWARE.

This resolution affirms the importance of the recognition of LGBTQIA+ people and their many achievements and designates June 28, 2025, as “Stonewall Uprising Remembrance Day” in the State of Delaware. It also encourages expanded efforts to keep Delaware residents properly informed about the need for acceptance, and equitable treatment, of LGBTQIA+ individuals.

Bill results