DelawareSB 286153rd General Assembly (2024–2026)Senate

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO COMMERCE AND TRADE.

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 5 benefits, 0 costs, 2 mixed.

Dealer groups can enforce legal protections

Dealer associations with at least four recreational vehicle dealer members can sue or petition to enforce the law. Almost all members must be new recreational vehicle dealers located in Delaware. The group must allege harm to members’ shared interests and can seek court orders defining rights or stopping violations. It can also join a qualifying member’s case. This authority does not allow cases against Delaware or its agencies.

Dealer protections cover more recreational products

Delaware extends its manufacturer-dealer rules to more recreational vehicles and trailers. Newly covered products include motorized vessels, all-terrain vehicles, off-highway vehicles, side-by-side vehicles, cargo trailers, and vessel trailers. Covered vehicles and trailers must be untitled. The law’s vehicle definitions still exclude some farm vehicles and government or military uses.

Dealers can prove their service rates

Dealers can establish parts and labor rates using 100 consecutive customer-paid repair orders or 90 days of orders, whichever is less. Orders must cover similar repairs completed no more than 180 days before submission. The schedule is presumed fair and takes effect within 30 days after submission or delivery of reasonably requested supporting information. Warranty providers have 30 days to request supporting information and cannot demand overly burdensome records. Dealers can request a schedule change no more than once every nine months.

Dealers get repurchase return costs covered

When a dealer elects the law’s repurchase option, the manufacturer must cover costs of returning parts, tools, and equipment. Covered costs include transport, handling, packing, storage, and loading. The law sets no fixed payment amount.

Minimum service payments protect recreational vehicle dealers

Manufacturers must give Delaware-licensed dealers written service requirements, pay schedules, and allowed work times, and pay for required services. Warranty providers must reasonably pay for warranty diagnostics, parts, repairs, and labor. Parts payments must meet the higher of comparable nonwarranty rates or wholesale cost plus at least 40% handling and return freight. Manufacturer maintenance, extended warranties, certified used-vehicle warranties, service contracts, parts-exchange programs, and recalls must pay at least comparable nonwarranty rates. For free or discounted manufacturer parts, the payment formula subtracts the dealer cost listed in the manufacturer’s price schedule.

Dealer repair notices use longer window

The repair-inability notice rule now uses 180 days after a consumer complaint, instead of 10 days. A dealer unable to complete warranty repairs within that window must notify the warranty provider immediately. Both the consumer complaint and the dealer’s notice can be verbal or written.

Dealer warranty claims gain deadlines and protections

Dealers have 180 days after finishing warranty work to file claims, up from 30 days. Warranty providers must pay approved parts and labor claims within 30 days of approval. For 180 days after payment, providers can audit and recover payments for fraud, unnecessary work, or improperly performed work. Dealers can challenge denied parts or labor submissions before Delaware’s Public Service Commission within 30 days of receiving notice. Providers must prove the submission failed legal requirements; winning dealers receive increased reimbursement back to its proper start date. Providers cannot punish dealers seeking payment or create processes that conflict with their legal duties. Incentive and rebate audits are limited to 180 days after a program ends, except for fraudulent claims.

Sponsors & Cosponsors

Sponsor

Nicole Poore
Democratic • Senate

Cosponsors

Alonna Berry
Democratic • House
Darius J. Brown
Democratic • Senate
Eric Buckson
Republican • Senate
William Bush
Democratic • House
Daniel Cruce
Democratic • Senate
Stephanie L. Hansen
Democratic • Senate
Jeff Hilovsky
Republican • House
Gerald W. Hocker
Republican • Senate
Kyra L. Hoffner
Democratic • Senate
Russell Huxtable
Democratic • Senate
Dave G. Lawson
Republican • Senate
S. Elizabeth Lockman
Democratic • Senate
Spiros Mantzavinos
Democratic • Senate
Trey Paradee
Democratic • Senate
Brian Pettyjohn
Republican • Senate
Marie Pinkney
Democratic • Senate
Bryant L. Richardson
Republican • Senate
Ray Seigfried
Democratic • Senate
David P. Sokola
Democratic • Senate
Laura V. Sturgeon
Democratic • Senate
Bryan Townsend
Democratic • Senate
John "Jack" Walsh
Democratic • Senate
David L. Wilson
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 82 • No: 0

Senate vote • 6/24/2026

Passed (3/4 required)

Yes: 21 • No: 0

House vote • 6/23/2026

Passed (SM required)

Yes: 40 • No: 0

Senate vote • 5/14/2026