| SB 26 | Committee | Brown | Under current Delaware law, if a labor dispute constitutes a lockout, employees who meet all other eligibility requirements qualify for unemployment benefits from the date they file their claim. However, if a labor dispute does not constitute a lockout, employees do not qualify for (i.e. are disqualified from receiving) unemployment benefits.
This Act changes the law to allow an employee who is subject to a labor dispute, other than a lockout, to collect unemployment benefits after a 2-week waiting period, if the employee meets all the eligibility requirements for unemployment benefits, including being able and available for work and completing weekly job requirements.
This Act provides that the 2-week waiting period established by this Act is waived if one or both of the following apply:
(1) The labor dispute is caused by the failure or refusal of the employer to comply with an agreement or contract between the employer and the individual, including a collective bargaining agreement with a union representing the individual, or a State or federal law pertaining to hours, wages, or other conditions of work.
(2) The employer hires a permanent replacement worker for the individual's position.
The Department of Labor may impose a penalty on an employer who fraudulently certifies the ability of an employee to return to the employee’s prior position on conclusion of the labor dispute.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO UNEMPLOYMENT COMPENSATION. |
| SB 27 | Committee | Brown | This Act establishes the Office of New Americans to help improve the lives and economic prosperity of new Americans who come to Delaware and of all Delawareans generally. | AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE OFFICE OF NEW AMERICANS. |
| SB 3 | Committee | Brown | This Act is the first leg of a constitutional amendment to eliminate the limitations on when an individual may vote absentee and provide an absolute right to vote by absentee ballot without an excuse. This Act is in response to the Supreme Court’s decision in Albence v. Higgins, 2022 Del. LEXIS 377 (Del. 2022).
Although Section 1 of this Act creates an absolute right to vote by absentee ballot without an excuse, a qualified voter who desires to cast an absentee ballot must request an absentee ballot from the Department of Elections for each election cycle, unless the qualified voter is granted permanent absentee status. This State’s current absentee voting law authorizes permanent absentee status for various reasons (see § 5503(k) of Title 15 of the Delaware Code) and this Act adopts most of those reasons. For each election in which a qualified voter votes by absentee ballot under a permanent absentee status, the qualified voter must take an oath or affirmation that the qualified voter remains eligible for permanent absentee status.
Section 2 of this Act requires all absentee ballots to include an oath or affirmation that the qualified voter’s vote is free from improper influence. This oath or affirmation is in lieu of the oath or affirmation otherwise required under Section 3 of Article V of the Delaware Constitution.
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 | AN ACT PROPOSING AN AMENDMENT TO ARTICLE V OF THE DELAWARE CONSTITUTION RELATING TO VOTING. |
| SB 2 | Committee | Brown | This Act is the first leg of a constitutional amendment to specifically authorize early, in-person voting for the general election, a primary election, and a special election filling a vacancy in the General Assembly.
This Act provides that early, in-person voting is to occur on 10 calendar days before the date of the general election, primary election, and special election, including the Saturday and Sunday immediately before the election.
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. | AN ACT PROPOSING AN AMENDMENT TO ARTICLE V OF THE DELAWARE CONSTITUTION RELATING TO VOTING. |
| SB 28 | Committee | Brown | Section 1 of this Act requires that $7,000 be paid for the funeral expenses of a deceased member of a volunteer fire company, volunteer fire company ladies auxiliary, or volunteer ambulance and rescue.
Consistent with a legal interpretation of the existing law by state agencies, Section 1 of this Act continues to enable the payment of funeral expenses for the funeral of a deceased member of a volunteer fire company, volunteer fire company ladies auxiliary, or volunteer ambulance and rescue company even if the member was also a state employee entitled to burial benefits under § 8331 of Title 11, § 8395 of Title 11, § 8846 of Title 11, or § 5316 of Title 29. However, Section 1 of this Act makes changes to existing law to make this legal interpretation clear and to specifically identify the state employee burial benefits to which this provision applies.
Section 2 of this Act delays the effect of this Act until October 1, 2025, to provide time to implement this Act after the enactment of the fiscal year 2026 appropriations act containing the funding for this Act.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO FUNERAL EXPENSES FOR CERTAIN VOLUNTEERS WITH FIRE OR AMBULANCE COMPANIES. |
| SB 29 | Committee | Brown | Section 1 of this Act increases to $10,000 the amount of funeral expenses which can be paid for the funeral of a deceased member of a volunteer fire company, volunteer fire company ladies auxiliary, or volunteer ambulance and rescue company. The amount of this benefit has not been increased since 2004 (See 74 Del. Laws, c. 339, § 1).
Consistent with a legal interpretation of the existing law by state agencies, Section 1 of this Act continues to enable the payment of funeral expenses for the funeral of a deceased member of a volunteer fire company, volunteer fire company ladies auxiliary, or volunteer ambulance and rescue company even if the member was also a state employee entitled to burial benefits under § 8331 of Title 11, § 8395 of Title 11, § 8846 of Title 11, or § 5316 of Title 29. However, Section 1 of this Act makes changes to existing law to make this legal interpretation clear and to specifically identify the state employee burial benefits to which this provision applies.
Section 2 of this Act delays the effect of this Act until October 1, 2025, to provide time to implement this Act after the enactment of the fiscal year 2026 appropriations act containing the funding for this Act.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO FUNERAL EXPENSES FOR CERTAIN VOLUNTEERS WITH FIRE OR AMBULANCE COMPANIES. |
| SB 31 | Committee | Brown | Section 1 of this Act increases the burial benefit for individuals receiving a pension under the State Employees’ Pension Plan (Chapter 55 of Title 29 of the Delaware Code) from $7,000 to $10,000. The amount of this benefit has not been increased since 2001 (See 73 Del. Laws, c. 146, § 5).
Section 1 of this Act directly increases the amount of the burial benefit for individuals receiving a pension under the State Employees’ Pension Plan and also increases the funeral benefits under additional pension plans because the amount of the benefits under the following pension plans is the same as the amount under § 5546 of Title 29:
• The State Police Pension Plan, Chapter 83 of Title 11.
• The Delaware County and Municipal Police and Firefighter Pension Plan, Chapter 88 of Title 11.
• The early retirement option for state employees, Chapter 53 of Title 29.
In addition, Section 1 of this Act increases the reasonable funeral expenses permitted in a wrongful death action under § 3724(d)(4) of Title 10 because the maximum for these damages is the amount under § 5546 of Title 29.
Section 2 of this Act delays the effect of this Act until October 1, 2025, to provide time to implement this Act after the enactment of the fiscal year 2026 appropriations act containing the funding for this Act.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO RETIRED STATE EMPLOYEE PENSION PLAN BURIAL BENEFITS. |
| SB 33 | Committee | Brown | This Act builds on the success of the Downtown Development Districts Act, Chapter 19 of Title 22 of the Delaware Code, by permitting a municipality with a population of 30,000 or more in the 2020 federal census, which includes Wilmington, Dover, and Newark, to designate an area in the municipality as a "Downtown Development Corridor".
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. | AN ACT TO AMEND TITLE 22, TITLE 29, AND TITLE 30 OF THE DELAWARE CODE RELATING TO THE DOWNTOWN DEVELOPMENT CORRIDORS AND DISTRICTS. |
| SB 11 | Committee | Townsend | 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. | AN ACT CONCURRING IN A PROPOSED AMENDMENT TO ARTICLE I OF THE DELAWARE CONSTITUTION RELATING TO CRIMINAL PROCEDURES. |
| SB 14 | Committee | Hoffner | This Act is the first leg of a constitutional amendment to create an independent redistricting commission to redistrict Senatorial and Representative districts following each federal decennial census.
The purpose of this Act is to establish more transparency in government, and to strengthen citizens' faith in the election and redistricting processes that serve as the foundation of democracy in this State. To achieve this purpose, this Act establishes the Independent Redistricting Commission (“Commission”).
The Commission is responsible for drawing the boundaries of Delaware's Representative and Senatorial districts every 10 years, following each decennial census.
The process begins with the selection of a pool of 24 potential Commission members by a bipartisan judicial panel from applications filed with the Commissioner of Elections. The pool must include 8 candidates from each of the State’s two largest political parties and 8 candidates that are not a member of either of the State’s two largest parties.
Before the selection of Commission members from the pool of 24 potential Commission members, the following individuals each have the opportunity to strike one candidate from the pool: the Speaker of the House of Representatives, the House Minority Leader, the President Pro Tempore of the Senate, and the Senate Minority Leader. From the pool of remaining candidates, the Commissioner of Elections will draw by lot until the following conditions are satisfied:
(1) The Commission has 5 members, with 1 member from each county, plus 1 member from the City of Wilmington, plus 1 member from anywhere in this State.
(2) Two members of the Commission are members of the State’s largest political party, 2 members of the Commission are members of the State’s second largest political party, and 1 member of the Commission who is not a member of either of the State’s two largest political parties.
Eligible candidates may not be, and may not have in the 5 years before appointment been, a federal or state lobbyist, an officer of a federal or state political party, an officer of a campaign committee, or an elected federal or state official. Commissioners are also prohibited from running for the General Assembly in the election following the redistricting and from registering as a federal or state lobbyist for 5 years following the term as a Commissioner.
Once established, the Commission must prepare a preliminary redistricting plan and report for public distribution, and 4 public hearings must be held before a final redistricting plan and report is approved by the Commission. The Commission is to be guided in this task by standards and criteria established in this Act, including that the redistricting plan provide effective representation for all residents of this State, including racial, ethnic, and language minorities, and meeting the following criteria:
(1) The districts are to be formed of contiguous territory.
(2) The districts are to be nearly equal in population, with no more than 5% population deviation between districts.
(3) The districts are to be bounded by major roads and streams or other natural boundaries.
(4) The districts are to be created so as to not unduly favor any person or political party.
(5) The districts are to comply with all standards mandated by federal law, including the federal Voting Rights Act, 42 U.S.C. §§ 1971 et. seq., or any successor law.
(6) The districts are to comply with the criteria for counting incarcerated individuals for redistricting purposes, as established by an act of the General Assembly.
(7) The districts are to be created to consider and preserve communities of interest.
The Commission is to be advised in its efforts by 4 advisory committees, one for each county and one for the City of Wilmington. Each advisory committee is to consist of 12 members appointed by the Commission. The members must be diverse in terms of race, ethnicity, gender, and geographic location, and, to ensure that an advisory committee makes well-informed recommendations, expert members in the fields of election law, redistricting, demographics, political science, community organizing, and data visualization must be appointed through a transparent and inclusive process.
For the Commission’s final redistricting plan and report to become law, the plan and report must pass both Houses of the General Assembly with the concurrence of a majority of all members elected to each House, but not presented to the Governor for action. If the General Assembly fails to pass the Commission’s final plan and report or revised final plan and report, the Supreme Court shall redistrict the Representative and Senatorial districts in compliance with the standards and criteria in this Act. If the Commission fails to adopt a preliminary, final, or revised final redistricting plan and report, the Supreme Court shall redistrict the Representative and Senatorial districts in compliance with the standards and criteria in this Act.
The Supreme Court has original and exclusive jurisdiction to resolve challenges to the final redistricting plan and report enacted by the General Assembly or itself. If a redistricting plan and report adopted by the General Assembly is adjudicated unconstitutional or in violation of the law of this State or federal law, the Supreme Court shall redistrict the Representative and Senatorial districts in compliance with the standards and criteria in 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 to amend the Delaware Constitution.
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. | AN ACT PROPOSING AN AMENDMENT TO ARTICLE II OF THE DELAWARE CONSTITUTION RELATING TO REDISTRICTING. |
| SB 32 | Committee | Hoffner | This Act allows for correctional officers and probation and parole officers employed with the Department of Correction to make a written request that their personal information not be published and remain confidential. The Act takes effect 180 days after its enactment to allow for implementation. | AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO PRIVACY FOR CORRECTIONAL OFFICERS, AND PROBATION AND PAROLE OFFICERS. |
| SB 34 | Committee | Brown | This Act allows a tenant to terminate a rental agreement early if they are purchasing a home by providing 30 days' written notice to the landlord. The 30-day period begins on the first day of the month after the day the notice is given. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act updates language for group or cooperative living facility and retirement home to the definition of long-term care facility in §1102 of Title 16. And this Act removes references to subsidized public or private housing from § 5314(b)(3) of Title 25 because it is repeated in § 5314(b)(4) of Title 25. | AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO TENANT'S RIGHT TO EARLY LEASE TERMINATION. |
| SB 35 | Committee | Hoffner | Agriculture is currently the leading industry in Delaware but as housing and other development occurs less farmland becomes available. For farmers in general, but in particular the small and medium sized farm owners, the real estate taxes imposed on their farm structures imposes a significant financial impact and adversely affects their ability to survive. At least eighteen other states have recognized this problem and have through legislation provided real estate tax relief for qualified farm structures. This legislation would use the same mechanism for providing real estate tax relief for qualified farm structures as it currently exists for qualified farmlands. | AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO ASSESSMENTS AND TAXATION OF STRUCTURES LOCATED ON LAND IN AGRICULTURAL, HORTICULTURAL, AND FOREST USE. |
| SB 36 | Committee | Brown | This Act requires dealers to offer car buyers the opportunity to purchase a contract cancellation option agreement. The contract cancellation option agreement must allow buyers to cancel a car purchase no less than 3 business days after the dealer delivers the car to the buyer. The cost of the contract cancellation option is based on the cash sale price of the car. A dealer may also charge a restocking fee, based on the cash sale price, if a consumer cancels the car purchase. But the cost of the contract cancellation option must be credited to any restocking fee. If a consumer chooses to buy a car at the end of a lease and then exercises a contract cancellation option, a dealer may charge to that consumer any amount that would have been due under the lease for excess mileage, unrepaired damage, and excess wear and tear. The dealer must keep any trade-in motor vehicles through the end of the cancellation period.
If a consumer cancels a car purchase, the consumer must return the car to the dealer along with the signed contract cancellation option. The car must be free of excess mileage, excess wear and tear, and liens, other than liens created by the sales contract or a loan used to finance the purchase of the car. The dealer must give a full refund, less the restocking fee, and must return any trade-in car. If the dealer mistakenly sells the trade-in car before the cancellation period ends and the buyer exercises the right to cancel, the dealer must also refund the fair market value of the car or the value listed in the contract, whichever is higher.
A dealer is not required to allow the same consumer to purchase a cancellation option again within 30 days after the consumer exercises a cancellation option.
A dealer is not required to give notice of the return of a motor vehicle under this Act to a subsequent buyer. This Act does not cancel or limit any disclosure obligation required by any other law. This Act does not affect or alter the legal rights, duties, obligations, or liabilities of the buyer, the dealer, or the dealer's agents or assigns, that would exist without a contract cancellation option agreement.
The buyer is the owner of a motor vehicle when the buyer takes delivery of a motor vehicle until the motor vehicle is returned to the dealer under a contract cancellation option agreement. The existence of a contract cancellation option agreement does not impose permissive user liability on the dealer, or the dealer's agents or assigns.
This Act does not affect a buyer’s ability of to cancel the contract or revoke acceptance under any other law. | AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO CAR PURCHASE CONTRACT CANCELLATION OPTION AGREEMENTS. |
