Daily Report for 6/18/2019

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
SR 8PassedLockmanThe Joint Legislative Oversight and Sunset Committee ("JLOSC") reviewed the Division for the Visually Impaired ("DVI") in 2019. As a result of that review, 31 recommendations for changes affecting DVI were presented for JLOSC's consideration. JLOSC determined that, to properly consider and decide whether to adopt 28 of the recommendations, a task force should be created to research, discuss, and report back to JLOSC its findings on the implementation of the 28 recommendations. JLOSC decided to form the task force through a simple resolution. This Resolution establishes the Joint Legislative Oversight and Sunset Committee Task Force (“Task Force”) on the Division for the Visually Impaired. In addition to the 9 members of the Task Force, several consultants are also named, either individually or by organization, to share their expertise with the Task Force. The Task Force must hold its first meeting by August 15, 2019, and submit a final report of its findings and recommendations to JLOSC by January 3, 2020. The Task force will not approve the implementation of a recommendation or authorize or require a change in any statute, policy, or practice. The Task Force is designed, authorized, and limited to do only the following: - Research the background of and relevant information relating to JLOSC’s Recommendations 2 through 29. - Discuss the merits and concerns of each recommendation. - Report back to JLOSC on what the Task Force found in its research and discussions. Consultants are specified to ensure their participation in the Task Force, while the number of members is kept limited in the interest of meeting quorum and scheduling requirements more easily.ESTABLISHING A TASK FORCE TO RESEARCH, DISCUSS, AND MAKE FINDINGS AND RECOMMENDATIONS REGARDING THE JOINT LEGISLATIVE OVERSIGHT AND SUNSET COMMITTEE'S REVIEW OF THE DIVISION FOR THE VISUALLY IMPAIRED.
SR 9PassedLockmanThe Joint Legislative Oversight and Sunset Committee ("JLOSC") reviewed the Delaware Health Information Network (“DHIN") in 2019. As a result of that review, 4 recommendations relating to statutory changes to DHIN’s govnering statute were presented for JLOSC's consideration. JLOSC determined that a task force should be created to research, discuss, and report back to JLOSC its findings on the implementation of 3 of the 4 recommendations. JLOSC decided to form the task force through a simple resolution. This Resolution establishes the Joint Legislative Oversight and Sunset Committee Task Force on the Delaware Health Information Network (“DHIN”). In addition to the 11 members of the Task Force, several consultants are also named, to share their expertise with the Task Force. The Task Force must hold its first meeting by August 31, 2019, and submit a final report of its findings and recommendations to JLOSC by January 10, 2020. The Task force will not approve the implementation of a recommendation or authorize or require a change in any statute, policy, or practice. The Task Force is designed, authorized, and limited to do only the following: - Research the background of and relevant information relating to JLOSC’s Recommendations 2, 4, and 6. - Discuss the merits and concerns of each recommendation. - Report back to JLOSC on what the Task Force found in its research and discussions. Consultants are specified to ensure their participation in the Task Force, while the number of members is kept limited in the interest of meeting quorum and scheduling requirements more easily.ESTABLISHING A TASK FORCE TO RESEARCH, DISCUSS, AND MAKE FINDINGS AND RECOMMENDATIONS REGARDING THE JOINT LEGISLATIVE OVERSIGHT AND SUNSET COMMITTEE'S REVIEW OF THE DELAWARE HEALTH INFORMATION NETWORK.
SA 2 to SB 71PassedDelcolloThis Amendment does the following: 1. Clarifies that a pharmacy benefit manager is not violating this Act in situations where a pharmaceutical product has an extremely limited distribution and the only local pharmacy with that product is owned by the pharmacy benefit manager. 2. Revises the hospital exception to the requirement that pharmacies must be owned by a pharmacists. 3. Exempts federally qualified health centers and other non-profit community health centers from the the requirement that pharmacies must be owned by a pharmacists. 
HA 1 to HB 225DefeatedKowalkoThis Amendment removes the ability of a charter school to retain transportation funds if the negotiated or bid costs are lower than the maximum rate established under this Act. 
SB 164CommitteeHockerThis Act will allow facilities in Sussex County to sell gasoline that does not contain ethanol provided such fuel is for vessels. Sussex County comfortably meets the National Ambient Air Quality Standard for ground level ozone, and removing ethanol from marine fuel will have no significant impact on ambient ozone levels. The State of Maryland now allows the sale of non-ethanol gasoline in certain counties that are adjacent to Sussex County. Delaware currently suffers a competitive business disadvantage by not being allowed to sell non-ethanol fuel for vessels. AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO SALE OF FUELS.
HA 1 to HB 184PWBHeffernanThis Amendment clarifies that while the recycling process itself requires a solid waste permit, when recycling occurs elsewhere and only raw materials and products are being accepted for the gasification and pyrolysis process, a solid waste permit is not required. 
HA 1 to SB 123PWBDukesThis Amendment strikes Senate Amendment No. 2 in its entirety. 
HB 240CommitteeMatthewsIn 2009, New Hampshire was the first state to develop a statewide “Gun Shop Project,” reaching out to gun shops regarding the role they can play in suicide prevention. In the years since, at least 21 other states have implemented similar campaigns. This Act establishes the Delaware Gun Shop Project (“Project”), under which the Division of Substance Abuse and Mental Health (“Division”) must develop relevant materials that may be posted conspicuously and available for distribution at Delaware gun shops. This Act requires the Division to promulgate regulations that establish and govern a mechanism to track participation in and efficacy of the Project, and authorizes the Division to promulgate other regulations, such as how the training will be offered and taken, as needed.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DELAWARE GUN SHOP PROJECT.
HB 236CommitteeSmykThis Act exempts constables from the limitations on use of seclusion and restraint because some schools employ constables, but constables are not included in the current exclusion that uses the definition of "law-enforcement officer" in § 9200(b) of Title 11. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO LIMITATIONS ON USE OF SECLUSION AND RESTRAINT.
HB 237CommitteeQ. JohnsonThis Act eliminates the requirement that movie theaters selling alcohol have video cameras in each auditorium and the requirement that an employee must pass through each auditorium during a movie showing.AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO ALCOHOLIC LIQUORS.
HB 238CommitteeJaquesThis Act allows for an optional mid-year unit count (the “optional mid-year unit count”) for reorganized school districts that experience enrollment growth during the school year but after the actual unit count has been certified. A reorganized school district may obtain additional funding for teachers and paraprofessionals if additional units are calculated based on the optional mid-year unit count.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO OPTIONAL MID-YEAR UNIT COUNT.
HA 2 to HB 184PWBKowalkoThis Amendment requires that a permit for a gasification facility or a pyrolysis factory may be approved only if the specific technology the facility will use has 5 years of demonstrated economic and technical viability in another U.S. jurisdiction. 
HA 3 to HB 184PWBKowalkoThis Amendment adds gasification and pyrolysis facilities to the types of structures or facilities for which the Department of Natural Resources and Environmental Control and a county, municipality, or other governmental entity may not issue a permit unless it is located in an area zoned for heavy industry and is at least 3 miles from every point on the property boundary line of a residence, residential community, and church, school, park, and hospital. 
HA 4 to HB 184PWBKowalkoThis Amendment prohibits the Department of Natural Resources and Environmental Control from granting a permit to an incinerator, gasification facility, or pyrolysis facility if the incinerator, gasification facility, or pyrolysis facility accepts any material not originating or collected within this State or within 50 miles of the borders of this State. 
SB 165CommitteeCloutierThis Act recognizes the importance of sibling relationships to promote continuity and sustain family relationships for children in foster care by doing all of the following: 1. Requires a child's service plan include contact information and details regarding sibling visits, unless sibling visits are not in the best interest of either child. 2. Requires DSCYF to arrange visits with siblings when requested by a child, unless the visit is not in the best interest of a child, would violate a protection order, or would have a detrimental effect on the prosecution of a criminal case. 3. Provides a child with specific rights regarding their siblings, including placement near or with siblings if possible, and the ability to maintain frequent and meaningful contact if placement together is not possible. This Act also requires that a child, age 14 or older receive a written document containing the child's rights regarding placement and contact with siblings. This Act is known as the "Foster Child Siblings Bill of Rights".AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE REGARDING DSCYF CUSTODY.

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
HB 113SignedCarsonThis bill clarifies that Delaware law enforcement may enter into agreements to provide mutual assistance to other jurisdictions.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO POLICE MUTUAL AID AGREEMENTS.
SB 41SignedBrownThis Act establishes that the age of offense and not the age of arrest determines jurisdiction for a person facing charges. Currently, if a person commits a delinquent act before age 18 but is arrested after age 18, the offense is automatically heard before the adult court of jurisdiction. See Howard v. State, 612 A.2d 158 (Del. 1992) (Table). This Act reverses this procedure so that if the offense occurs before the age of 18 and the arrest is after a person’s 18th birthday, but before their 21st birthday, the Family Court will have jurisdiction. However, this Act makes clear that this Act does not preclude prosecuting a person to whom the Act applies as an adult, as permitted in Title 10.AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO JUVENILE DELINQUENCY.
HB 146SignedBushThis bill makes three changes to health insurers and their relationships to providers. First, it limits the number of records that can be requested by a payer from a provider for post claim adjudication audits within a specific period of time. Second, it establishes a minimum filling standard for claims to be made. And third, it details requirements for electronic medical claim submissions and payment remittance. The goal is to reduce the overall cost to collect and make the process of claims, payments, and post claim adjudication audits more efficient especially as more insurers require electronic claims.AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO HEALTH INSURANCE.
HB 154SignedChukwuochaThis bill updates the real estate appraisers’ practice act to comply with federal law by clarifying the definition of federally-related transaction and adding a definition for federal financial institutions regulatory agencies. Changes to these definitions would render Delaware’s definitions consistent with federal law. Section two of the bill changes the renewal for appraisal management companies (AMC) from every two years to annually to facilitate the renewal procedure for the Division of Professional Regulation. Section three of the bill eliminates the current allowance in Delaware for a revoked or suspended real estate appraiser to have an ownership interest in an AMC, and section four disallows AMCs from removing an appraiser from its appraiser panel without prior notice. Delaware’s law currently allows AMCs to do so if the appraiser was only added to the panel in the previous 60 days. Federal law does not have any such allowance.AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PROFESSIONS AND OCCUPATIONS.
SB 120Out of CommitteeSturgeonThis Act authorizes the Division of Motor Vehicles to issue migratory shorebird special registration plates. AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPECIAL REGISTRATION PLATES TO SUPPORT MIGRATORY SHOREBIRDS.
SB 131SignedBrownThis Act authorizes the State and its counties and municipalities to install and use vehicle height monitoring systems ("vehicle height monitoring system") to assist in the enforcement of applicable State, county, or municipal law regarding motor vehicle size. This Act is patterned after Maryland's vehicle height monitoring system law, under which the City of Baltimore recently implemented an ordinance to use vehicle height monitoring system. This Act does not create a new violation. It does establish the following: - Requirements for the Department of Transportation ("DelDOT") to conduct the initial identification of potential locations for vehicle height monitoring system and analysis of the appropriateness of each location. - Requirements for the Department of Safety and Homeland Security ("DSHS") to select a system vendor for use by the State, counties, and municipalities through an open competitive procurement process. - Requirements for DSHS to approve and install vehicle height monitoring systems on State-maintained roads. - Requirements for a county or municipality to approve and install vehicle height monitoring system on the roads maintained by the county or municipality. A county or municipality must adopt an ordinance before approving or installing a vehicle height monitoring system. - Requirements and maintenance of vehicle height monitoring system, including the designation of a vehicle height monitoring system technician to maintain a daily set-up log for each vehicle height monitoring system in use. Daily set-up logs may be admitted as evidence in any court proceeding for a violation captured by a vehicle height monitoring system. - That the owner of a motor vehicle captured by a vehicle height monitoring system is liable for the violation, unless the owner can demonstrate that someone else was in control or possession of the motor vehicle when the violation occurred. - A civil penalty under this section is limited to $250 for second violations, and $500 for third and subsequent violations. A first violation is subject only to a warning notice, with no fine. - Requirements for the information that must be included in a citation under this section and that a citation must be mailed within 30 days of the violation. - What must be included in an image recorded by a vehicle height monitoring system to use the image as evidence. - Limitations on the consequences of being liable under this section. A violation may not be used to assess points on the person's driver license, recorded on the person's driving record, treated as a parking violation, or considered in the provision of motor vehicle insurance coverage. - The State or a county or municipality may designate a contractor to administer and process citations under this section, but a contractor's fee may not be contingent on the number of citations issued or paid. - That this section does not apply to certain vehicles, such as emergency vehicles or school buses. Under this Act, the owner of a motor vehicle is liable for a violation that occurs while the owner uses the vehicle or an employee of the owner uses the vehicle for the purposes of employment. If, however, a driver other than an employee of the owner violates this Act while using the owner’s vehicle, a mechanism is in place to allow the owner to rebut the presumption that the owner was driving the vehicle at the time of the violation (see line 121).AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SIZE AND WEIGHT OF VEHICLES AND LOADS.
SB 118Out of CommitteeBrownThis Act revises the circumstances under which an applicant can be denied a license by the Real Estate Commission because of a criminal conviction. Similar to the recent changes made other professional license requirements, this Act does all of the following: 1. Defines when a crime is substantially related to the professions regulated by the Real Estate Commission. 2. Reduces the time since conviction to be eligible for a waiver of a felony conviction for a crime against a person from 5 years to 3 years. 3. Reduces the time since conviction to be eligible for a waiver of all other felony conviction for a crime from 5 years to 2 years. 4. Clarifies what is meant by being on parole. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO REAL ESTATE SERVICES, BROKERS, ASSOCIATE BROKERS AND SALESPERSONS.
SB 139 w/ SA 1Out of CommitteeWalshIn an effort to ensure the safety and wellbeing of dogs, this legislation improves shelter and tether standards in hazardous weather conditions, including clarifying restrictions on outdoor housing and tethering for dogs during hazardous weather conditions that pose a serious adverse risk to the health and safety of dogs. This bill also aims to improve public safety by prohibiting dogs from running at-large without a leash in public outdoor settings, with the exception of working dogs and permits dogs off leash on private property or where property owner has given the dog owner permission. AN ACT TO AMEND TITLE 16 AND TITLE 11 OF THE DELAWARE CODE RELATING TO CRUELTY TO DOGS AND SPECIFICATIONS FOR HUMANE HANDLING, CARE AND TREATMENT OF DOGS.
HCR 50PassedCarsonThis joint resolution is designed to establish a task force to study and make findings concerning the recruitment and retention of volunteer firefighters.ESTABLISHING A TASK FORCE TO HELP WITH THE RECRUITMENT AND RETENTION OF VOLUNTEER FIREFIGHTERS FOR THE DELAWARE VOLUNTEER FIRE SERVICE.
SB 148 w/ SA 1, SA 2SignedLockmanThis Act creates the Redding Consortium for Educational Equity ("Consortium"), which replaces the Wilmington Education Improvement Commission ("WEIC"). The Consortium has multiple purposes. First, it will recommend policies and practices to the Governor, General Assembly, and Secretary of Education regarding educational equity and educational outcomes in the City of Wilmington and northern New Castle County. Second, the Consortium will monitor educational progress and outcomes for students in the City of Wilmington and for all low-income, English learners and at-risk students in northern New Castle County and report on the same. Third, the Consortium will make recommendations to the Governor and the General Assembly regarding improvement in public education in the City of Wilmington and northern New Castle County. Fourth, it will evaluate the need for additional or alternative educational facilities in the City of Wilmington. Fifth, it will develop policy proposals to be introduced through legislation to improve teaching and learning in district and charter schools in the City of Wilmington and northern New Castle County. Sixth, it will develop a proposal for redistricting in the City of Wilmington and northern New Castle County. Seventh, it will research the viability of the New Castle County Tax District and Tax Pool. The Act specifies who will be appointed to the Consortium and how it will be staffed. Its first meeting must occur on or before September 1, 2019. AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO PUBLIC SCHOOLS.
SS 1 for SB 128 w/ SA 1SignedWalshThis Act expands the collection procedures available to the Division of Unemployment Insurance to more closely match the collection procedures currently available to the Division of Revenue providing the Division of Unemployment Insurance with streamlined procedures to allow it to more quickly and easily execute on judgments for unpaid unemployment insurance tax assessments. These procedures include obtaining warrants for the levy and sale of property; extending liens; garnishments of wages, bank accounts, and other property; and denying or suspending professional licenses of judgment debtors. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Substitute differs from Senate Bill No. 128 as follows: 1. Provides authority for appeals tribunals to hear protests under § 3368 of Title 19 and hearings under § 3369 of Title 19. 2. Aligns the length of a lien of a judgment under Chapter 33 of Title 19 with the length of a lien of judgment obtained by the Division of Revenue. 3. Removes debts owed due to overpayments from garnishment. 4. Makes clarifications and technical corrections.AN ACT TO AMEND TITLE 19 AND TITLE 29 OF THE DELAWARE CODE RELATING TO UNEMPLOYMENT COMPENSATION.
SB 156 w/ SA 1SignedMcBrideIn January 2019, the Code Revisors provided the General Assembly with a list of potential technical corrections that they identified as they revised the Delaware Code to reflect legislation that was enacted by the 149th General Assembly in 2018 or as they reviewed titles of the Code. While technical in nature, these changes are beyond the authority of the Code Revisors to make and can only be done by the General Assembly through legislation. This Act also includes technical corrections identified outside of the list provided by the Code Revisors. This Act requires a three-quarters vote, erring on the side of caution if any of the sections of the Delaware Code being revised require a super-majority vote. Section 1. This Section corrects a typographical error created in § 512 of Title 4 when House Bill No. 284 was passed after House Bill No. 158 in the 149th General Assembly and House Bill No. 284 did not incorporate the revisions made to § 512 by House Bill No. 158. Sections 2 through 4. These Sections correct errors created by House Bill No. 125 of the 150th General Assembly changing the limit on the number of barrels to 6 million instead of the reference to the Code of Federal Regulations in 5 sections of the Delaware Code. The Code of Regulations limit includes a time period of a calendar year on the number of barrels and that time period was included in 2 of the 5 sections where this was changed. These sections add “in a calendar year” after the number of barrels in the other 3 sections and corrects the spelling for “million” in 1 section. Sections 5 through 6. These Sections replace a reference to § 2728 of Title 18 with a reference to § 4915 of Title 10. The synopsis to Senate Bill No. 195 of the 149th General Assembly explains that SB 195 repealed § 2728 of Title 18 because that section has been superseded by § 4915 of Title 10. Section 7. House Substitute No. 1 to House Bill No. 222 of the 149th General Assembly created lethal violence protective orders. This Section removes the word “emergency” from § 7704 of Title 10 because an order is entered after a nonemergency petition is filed and a hearing is held under § 7704 of Title 10. Section 8. Senate Bill No. 150 of the 149th General Assembly revised the Delaware Police Accreditation Commission. This Section replaces an incomplete sentence with standard organizational language regarding the ability of members to appoint a designee and makes other technical corrections. Section 9. During discussions of Senate Bill No. 10 in the 150th General Assembly, outdated language describing disqualifying felonies for eligibility to vote was identified. This Section corrects the inconsistent language by referencing Chapter 61 of Title 15, which was enacted by the 140th General Assembly and establishes when persons with felony convictions are permitted to vote. This Section also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Section 10. This Section revises § 4944 of Title 15 to correctly identify the State Election Commissioner as the custodian of the names of electors and the spelling of Vice President, errors discovered while drafting legislation for the 150th General Assembly. Sections 11 through 16. These Sections correct the incorrect spelling of Vice President identified while drafting legislation for the 150th General Assembly. Section 17. House Bill No. 248 of the 149th General Assembly did not properly include the existing language in the Delaware Code. This Section revises § 122(3)p.2.B.VI. of Title 16 by including the language intended by House Bill No. 248 and repealing the existing provisions. Section 18. House Bill No. 431 of the 149th General Assembly, as amended, requires nursing and assisted living facilities to offer onsite influenza vaccinations to all employees every year. The Code Revisors interpreted the phrase “of the following year” to mean only 2019, the calendar year after enactment of the Act. This Section revises § 1144 of Title 16 so that it is clear that the vaccinations must be provided every calendar year. Section 19. House Bill No. 409 of the 149th General Assembly, as amended, included the phrase “any of the above” in the first sentence of § 1904 of Title 19. This Section revises this sentence to clarify that it refers to the events earlier in the sentence. Sections 20 through 21. House Bill No. 311 intended to create a 2 year grandfathering of licenses after enactment but the effective date allowed for only 1 year. This Section establishes a 2 year grandfathering period. Section 22. After House Bill No. 46 was passed during the 150th General Assembly, questions arose regarding how to interpret the new provisions. This Section makes revisions to provide clarity. Section 23. This Section repeals § 704(c) of Title 29 because the provisions in § 704(c) are repeated with more detail in § 7331 of Title 15, an error discovered while drafting legislation for the 150th General Assembly. Section 24. Senate Bill No. 227 contains a delayed effective date and a sunset provision. This Section changes the sunset provision so it is 3 years after the effective date instead of 3 years after enactment. Section 25. This Section makes Section 22 of this Act effective the day after House Bill No. 46 is enacted.AN ACT TO AMEND THE LAWS OF DELAWARE AND TITLE 4, TITLE 6, TITLE 10, TITLE 11, TITLE 15, TITLE 16, TITLE 19, TITLE 24, TITLE 25, AND TITLE 29 OF THE DELAWARE CODE RELATING TO TECHNICAL CORRECTIONS.
SA 1 to SB 156PassedMcBrideThis Amendment revises the correction to § 122 of Title 16 to retain more of the current detail regarding required services at freestanding emergency departments. 
SA 1 to SS 1 for SB 128PassedWalshThis Amendment clarifies that the penalties apply when an employer knowingly fails to comply with a notice to garnish wages. 
SA 1 to SB 139PassedWalshThis amendment adds an exception which allows a dog to be outside if engaged in the protection of farm property. The bill already provides such an exception for dogs engaged in the protection of livestock and poultry. 
SA 1 to SB 148PassedLockmanThis amendment makes technical changes to the Bill. It clarifies who shall be members of the Consortium and how the co-chairs are appointed. Finally, it requires that the Consortium submit reports to the City of Wilmington. 
SA 2 to SB 148PassedLockmanThis Amendment adds representatives from the minority caucus of each Chamber to the Consortium.  

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
SB 91SignedBrownThis bill continues the practice of amending periodically the Delaware Limited Liability Company Act (the “Act”) to keep it current and to maintain its national preeminence. The following is a section-by-section review of the proposed amendments of the Act. Section 1. This section amends Section 18-101 of the Act to include definitions for “document” and “electronic transmission,” and to amend the definitions of “manager” and “member.” The terms “document” and “electronic transmission” appear in new Section 18-113 among other places in the Act. The changes to the definition of “manager” confirm that the term includes a manager of the limited liability company generally and a manager associated with a series of the limited liability company, and the changes to the definition of “member” confirm that the term includes a member of the limited liability company generally and a member associated with a series of the limited liability company. Section 2. This section amends Section 18-102(3) of the Act to provide that the name of a limited liability company must be such as to distinguish it from the name of any registered series of a limited partnership formed under the laws of the State of Delaware. Section 3. This section amends Section 18-104(d) of the Act to provide that if a limited liability company’s certificate of formation has been cancelled pursuant to Section 18-1108 of the Act, its registered agent may resign without appointing a successor registered agent. The amendment also adds requirements regarding the content and form of the certificate of resignation filed with the Delaware Secretary of State when the registered agent resigns without appointing a successor, and provides that such information regarding the communications contact that must be included in such a certificate shall not be deemed public. This section also amends Section 18-104(g) to conform with the addition of the defined term “electronic transmission” in Section 18-101. Section 4. This section adds new Section 18-113 of the Act, which establishes non-exclusive, safe harbor methods to reduce certain acts or transactions to a written or electronic document and to sign and deliver a document manually or electronically. The terminology in Section 18-113(a) is based on analogous provisions in existing Sections 18-302(d) and 18-404(d) of the Act, the Delaware Uniform Electronic Transactions Act (“UETA”), and the Model Business Corporation Act, with modifications. Section 18-113(a) permits limited liability company transactions (such as entering into agreements of merger not filed with the Secretary of State) to be documented, signed and delivered through “Docusign” and similar electronic means. The Section 18-113(a) safe harbor provisions apply solely for purposes of determining whether an act or transaction has been documented, and whether a document has been signed and delivered, in accordance with the Act and the limited liability company agreement. Section 18-113(a) does not preempt any statute of frauds or other law that might require actions be documented, or that documents be signed and delivered, in a specified manner. Section 18-113(a) clarifies how its provisions operate in connection with a transaction conducted pursuant to UETA. To the extent UETA does not apply to a transaction (under Section 12A-103 of UETA) because the transaction is governed by the Act, the parties to the transaction can satisfy the Act by complying with Section 18-113(a). Section 18-113(b) addresses certain actions and documents that are not governed by Section 18-113(a). There is no presumption that these excluded items are prohibited from being effected by electronic or other means, but Section 18-113 may not be relied on as a basis for documenting an act or transaction, or signing or delivering a document, if the exclusions set forth in Section 18-113(b) apply. Certain of these excluded items are governed by separate provisions that facilitate the use of electronic media, including documents filed with the Secretary of State (governed by Section 18-206(a)). Section 18-113(b) permits limited liability company agreement provisions that restrict the use of Section 18-113(a), but those restrictions must be expressly stated. A provision merely specifying that an act or transaction will be documented in writing, or that a document will be signed or delivered manually, will not prohibit the application of Section 18-113(a). Section 18-113(c) addresses the interaction between the provisions of the Act and the Electronic Signatures in Global and National Commerce Act (the “E-Sign Act”). Section 18-113(c) evidences an intent to allow the Act to govern the documentation of actions, and the signature and delivery of documents, to the fullest extent the Act is not preempted by the E-Sign Act. Section 5. This section amends Section 18-206(b) of the Act to clarify that the certificate of formation or certificate of registered series, as applicable, shall be amended, corrected or restated upon the filing of a certificate of amendment (or judicial decree of amendment), certificate of correction, corrected certificate or restated certificate, and to confirm that a certificate of registered series is canceled upon a certificate of conversion of such registered series to protected series becoming effective. Section 6. This section amends Section 18-210 of the Act to provide that a plan of division may provide for contractual appraisal rights and that contractual appraisal rights may be made available in connection with any merger or consolidation in which a registered series is a constituent party, any division of the limited liability company, any conversion of a protected series to a registered series of the limited liability company, and any conversion of a registered series to a protected series of the limited liability company. Section 7. This section amends Section 18-215(b) of the Act to provide with respect to protected series that neither the limited liability company agreement nor the notice of the limitation on liabilities of a protected series in the certificate of formation must use the term protected when referencing series or refer to Section 18-215. Section 8. This section amends: Section 18-217(a) of the Act to add a reference to Section 18-301; Section 18-217(b) to clarify that the obligations and liabilities of the dividing company shall be allocated to and vested in, and valid and enforceable obligations of, such division company or companies to which such obligations and liabilities have been allocated pursuant to the plan of division, as provided in Section 18-217(l); Sections 18-217(f) and 18-217(l)(1) to make technical changes; Section 18-217(h) to provide that a certificate of division shall be executed on behalf of, and along with the certificate of formation for each resulting company filed by, the dividing company; and Section 18-217(l)(9) to clarify and confirm the operation of 18-217(l)(4) even though a pending action or proceeding may be continued against the surviving company as if the division did not occur. Sections 9, 11, 12, and 18. These sections amend Sections 18-218, 18-220, 18-221, and 18-1110 of the Act to make technical changes regarding certain certificates filed with respect to registered series. Section 10. This section amends Section 18-219 of the Act to make technical changes regarding certain certificates filed with respect to protected series. Section 13. This section amends Section 18-301 of the Act to add a new subsection (b)(4) that clarifies in connection with a division the mechanics for the admission of a member to a division company or to a limited liability company that is not a division company in the division. Sections 14 and 15. These sections amend Sections 18-302(d) and 18-404(d) of the Act to conform with the addition of the defined term “electronic transmission” in Section 18-101. Section 16. This section amends Section 18-1105(a)(3) of the Act to make a technical change regarding certificates of merger or consolidation filed with respect to registered series under Section 18-221 of the Act, Section 18-1105(a)(4) to provide for the fee payable where the Secretary of State provides the copies of the document to be certified, Section 18-1105(a)(5) to clarify that the fee payable thereunder is for copies that are not certified by the Secretary of State, Section 18-1105(a)(9) to provide for the fee payable for a written report of a record search, and Section 18-1105(a)(10) to provide for the fee payable for any certificate issued via the Secretary of State’s online services. Section 17. This section amends Section 18-1107(n) of the Act to clarify and confirm that a protected series or registered series of a domestic limited liability company is not liable for the debts, obligations or liabilities of such company or any other series thereof solely by reason of the neglect, refusal or failure of another series to pay an annual tax or by reason of another series ceasing to be in good standing. Section 19. This section provides that the proposed amendments to the Act shall become effective August 1, 2019.AN ACT TO AMEND CHAPTER 18, TITLE 6 OF THE DELAWARE CODE RELATING TO THE CREATION, REGULATION, OPERATION AND DISSOLUTION OF DOMESTIC LIMITED LIABILITY COMPANIES AND THE REGISTRATION AND REGULATION OF FOREIGN LIMITED LIABILITY COMPANIES.
SCR 49PassedBrownThis resolution proclaims June 19, 2019 as Juneteenth Independence Day in Delaware and encourages the people of Delaware to reflect upon the significant roles and many contributions of African Americans and to celebrate this day with appropriate activities and events.RECOGNIZING JUNE 19, 2019 AS "JUNETEENTH INDEPENDENCE DAY" IN THE STATE OF DELAWARE.
HA 2 to HB 163PassedCarsonThis Amendment clarifies that only applicants applying for volunteer membership in a Delaware volunteer EMS company are exempt from paying the cost of a background check done by the State of Delaware Bureau of Identification. 
HA 1 to HB 177PassedGriffithThis amendment clarifies the definition of “electric supplier” for the purposes of § 8062 of Title 29. 
HA 1 to HB 194PassedBennettThis Amendment does the following: (1) Clarifies that this Act does not apply to plans of health insurance or health benefits designed for issuance to persons eligible for coverage under Medicare, Medicaid, or any other similar coverage under a State or federal government plan. (2) Changes Delaware Code section designations in the Act due to conflicts with existing Code section designations in Chapter 33 of Title 18. This avoids the need for the Code Revisors to redesignate the conflicting Code sections. 

Senate Committee Assignments

Committee
Agriculture
Banking, Business & Insurance
Education
Elections, Govt. & Community Affairs
Environmental & Natural Resources
Health & Social Services
Judicial
Sunset

House Committee Assignments

Committee
Administration
Appropriations
Economic Development/Banking/Insurance & Commerce
Education
Health & Human Development
Judiciary

Senate Committee Report

Committee
Sunset

House Committee Report

Committee
Appropriations

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

No House Defeated Legislation

Nominations Enacted upon by the Senate

NomineeStatusCommission/BoardReappointment
Albence, Anthony J.ConfirmedState Election CommissionerNew
Arrington, Michael W.ConfirmedJudge of the Family CourtNew
Begatto, Michael A.ConfirmedDiamond State Port CorporationReappointment
Bifferato, Karen C.ConfirmedDiamond State Port CorporationReappointment
Faust, Veronica O.ConfirmedDelaware River and Bay AuthorityNew
Simpson, F. GaryConfirmedState Public Integrity CommissionNew