Daily Report for 4/29/2021

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
HCR 22Passed HouseSchwartzkopfThis Concurrent Resolution recognizes the month of April 2021 as "National Donate Life Month" in Delaware.RECOGNIZING THE MONTH OF APRIL 2021 AS "NATIONAL DONATE LIFE MONTH" IN DELAWARE.
SR 10PassedGayThis resolution congratulates the winning teams from the 2021 Delaware High School Mock Trial Program. CONGRATULATING THE WINNERS OF THE 30TH ANNUAL DELAWARE HIGH SCHOOL MOCK TRIAL PROGRAM.
SR 12PassedPooreThis resolution recognizes April 29, 2021 as "World Wish Day" in Delaware. RECOGNIZING APRIL 29, 2021 AS "WORLD WISH DAY" IN DELAWARE.
HB 166CommitteeOsienskiThis Act establishes the Elevate Delaware Program. Elevate Delaware will provide tuition, up to $10,000, to Delaware residents who have obtained a high school diploma, Diploma of Alternate Achievement Standards, or a Delaware secondary credential, which includes earning a GED, and have enrolled in an approved non-degree credit certificate program. The Workforce Development Board will create a list of non-degree credit certificate programs approved for the Elevate Delaware program. This Act also allows the Department of Labor to provide participants in the Elevate Delaware Program payments to cover basic living expenses while attending the training program and for a 90-day job search period after completion of the training program.AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO THE ELEVATE DELAWARE PROGRAM.
HB 164CommitteeBushSection 1 of the Act amends subsection (b)(1) of section 12A-103 of Title 6 to remove a reference to testamentary trusts that is either a redundancy or otherwise might conflict with new section 3550 of Title 12 (which is a part of the Act). Section 2 of the Act addresses statutes under Chapter 33 of Title 12 and (i) amends section 3315(b) to make clear that a discretionary interest in a trust is not a property right and to define more clearly what constitutes a discretionary interest, and also to make clear that these clarifications do not affect the standard of review applicable to the discretion of a trustee or other fiduciary; (ii) amends section 3326 to expand its application to the resignation of officeholders (such as advisers under section 3313 or designated representatives under section 3339) and not just to the resignation of trustees; (iii) amends section 3327 to expand its application to the removal of officeholders (such as advisers under section 3313 or designated representatives under section 3339) and not just to the removal of trustees, and to permit other officeholders (in addition to trustors and beneficiaries) to petition to remove an officeholder; (iv) amends section 3331 to expand its application to governing instruments (beyond just wills and trust instruments, such that it is not intended to change the statute’s application to wills and trust instruments); (v) amends section 3339 to make clear that a designated representative begins to serve when the representative is appointed (and not merely when authorized) and has accepted the role (whether by written acceptance or through service or other action signifying acceptance), to prioritize appointment methods (that is, to provide that certain appointment methods are available if a designated representative is not appointed under previously-enumerated methods), to define for what purposes a designated representative may be appointed, to provide that the surviving parent or parents or custodial parent of a minor for whom a designated beneficiary has been appointed must be given notice of such appointment, to enable a trustor to appoint a designated representative to represent and bind beneficiaries who are minors or are otherwise described in paragraph (b)(2) of section 3339 in any nonjudicial matter, to enable a beneficiary to appoint a designated representative to represent and bind such beneficiary in any nonjudicial matter, and to provide that a person accepting appointment as a designated representative submits to personal jurisdiction in this State regarding any matter involving the trust (without precluding other methods of obtaining jurisdiction over the designated representative); (vi) amends section 3342 to make clear that, consistent with section 3303 of Title 12, a trustor may opt out of the application of section 3342 by express reference; and (vii) amends section 3344 to make clear that the statute applies unless a governing instrument expressly provides that a trustor may not be reimbursed by the trust for the trustor’s income tax liability, to expand the scope of permissible reimbursement to include county, metropolitan-region, city, local, foreign, and other income taxes (in addition to state income taxes), and to make clear that the statute does not apply if it would eliminate or reduce a marital or charitable deduction available to any person for state or federal income, gift, or estate tax purposes. Section 3 of the Act addresses statutes under Chapter 35 of Title 12 and (i) amends section 3536 to add to the flush language of subsection (c) to provide that a person who becomes a beneficiary of a trust due to the exercise of a power of appointment by someone other than such person is not considered under this title to be a trustor of a trust—even if the person who so became the beneficiary created and funded the trust and granted the power of appointment of another, such that if the trustor did not otherwise retain a beneficial interest in the trust that was otherwise reachable (e.g., the trustor did not name himself as a beneficiary of the trust at the time it was created), the mere fact that some other person exercises a power of appointment to later make the trustor a beneficiary will not create an interest that is reachable by the trustor’s creditors—which change would abrogate the common law relation back doctrine as it pertains to who is to be deemed the trustor of a trust created upon exercise of a power of appointment, if such doctrine were extant in Delaware, although the applicability of the common law relation back doctrine to this particular issue does not appear to have been adjudicated or acknowledged in any decisional case law in Delaware; (ii) amends section 3545 to add a new subsection (c), which confirms that other writings that create, modify, or revoke trusts and that are not described in subsection (a) of section 3545 are validly executed if they are executed in conformity with subsection (a), but also confirms that subsection (c) does not limit the creation, modification, or revocation of a trust by other means that Delaware law permits, and further confirms that subsection (c) does not apply to trusts formed under Delaware’s Statutory Trust Act and other trusts formed for the purpose of consummating a commercial transaction; and (iii) adds a new section 3550 providing that governing instruments and certain other trust-related documents, if validly executed under the sections of the Delaware Code that apply to those documents, may also be executed under Chapter 12A of Title 6 of the Delaware Code (the Uniform Electronic Transactions Act). Section 4 of the Act provides that Sections 2 and 3 apply to trust whenever created.AN ACT TO AMEND TITLES 6 AND 12 OF THE DELAWARE CODE RELATING TO DECEDENTS’ ESTATES AND TRUSTS.
HB 167CommitteeOsienskiThe National Highway Traffic Safety Administration (NHTSA) has issued a final rule for odometer disclosure. NHTSA’s final rule became effective January 1, 2021. The new rule extends the age of vehicles exempt from odometer disclosure from 10 years old to 20 years old phasing the exemptions in by adding one year at a time for model year 2011 and newer vehicles. For example, a model year 2010 vehicle would be exempt starting in 2020; model year 2011 and newer vehicles would be exempt starting in 2031. This Act makes Delaware law consistent with the new federal rule. The Act also makes certain technical corrections to make the current law consistent with the Legislative Drafting Manual.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO MOTOR VEHICLE ODOMETERS.
HB 168CommitteeBushThis bill would allow insurance companies to invest in real estate through long-term leaseholds. In the United Kingdom, Europe, and other international places real estate is held not in fee simple (like the US) but in long-term land leases. This statutory change would allow companies domesticated in Delaware to invest in the real estate market in those places. Delaware would not be the first state to make this change.AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO INSURANCE INVESTMENTS.
SB 125CommitteeGayThis bill provides that the spouse and any child of a member of the active military service of the United States, who has been assigned to duty elsewhere immediately following assignment to duty in Delaware, shall be deemed to be an in-state resident for the purposes of determining the tuition, fees, and other charges at Delaware public universities, colleges, or community colleges as long as the spouse or child remains enrolled at such institution.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATION.
SA 1 to SB 7PWBHansenThis amendment requires the court, when setting bail for signal offenses listed in paragraph (c), to require the defendant to forfeit any firearms in their possession.  

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
HB 72PassedMinor-BrownThis Act creates the position of Deputy Commissioner of Correction.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE APPOINTMENT OF A DEPUTY COMMISSIONER OF THE DEPARTMENT OF CORRECTION.
HB 73PassedMinor-BrownThis Act reflects a recommendation of the 2019 Comprehensive Reentry Plan and Progress Report which allows the Department of Corrections, Probation and Parole officers the flexibility to recommend to a court house arrest (Level IV home confinement) for any probation violator in appropriate circumstances. Under current law, Probation and Parole may not recommend house arrest (Level IV home confinement) for a person who violates probation if the person was initially convicted of a “violent crime.” Accordingly, recommendations pertaining to probation violations for persons convicted of a “violent crime” are limited to Levels 1-3 (a lower level of supervision) or Level V (incarceration) which may be excessive and costly. The Act also makes non-substantive changes to existing law to make it conform to the Legislative Drafting Manual.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO PROBATION AND PAROLE RECOMMENDATONS FOR HOUSE ARREST.
HB 87PassedK. WilliamsThis bill increases the membership of the Human Trafficking Interagency Coordinating Council to 24 members by adding representatives from the House of Representatives, the Senate, the Criminal Justice Council, the Department of Transportation, and the Division of Professional Regulation, a person who has been a victim of human trafficking, and a person who has prior experience working with victims of human trafficking in a legal or advocacy capacity. This bill also changes the quorum for the Council from 7 members to 13.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE HUMAN TRAFFICKING INTERAGENCY COORDINATING COUNCIL.
HB 84 w/ HA 1PassedGrayThis bill removes from §C-5 (Town Council) of the Charter of the Town of South Bethany sections regarding qualifications of Town Council Members, terms of office, and Prohibition of Employment with the Town and relocates the sections to §C-6. It also amends §C-6 (Municipal Elections) to conform with the mandatory provisions of Delaware Code, Chapter 75 of Title 15 of the Delaware Code (entitled “Municipal Elections); adds a requirement that the Town post a Notice of Solicitation of Candidates at least 20 days prior to the Town’s candidate filing deadline; changes the Town’s Notice of Election requirement to include posting such notice on the Town website and one newspaper of general circulation, while no longer requiring notice to be posted in 5 public places; changes the date of the annual election for municipal offices to the second Saturday in May; renames all references of “Freeholder” to “Property Owner”; removes “spouse of a freeholder” as a qualification to vote in an election; denies Trusts, Corporations, Partnerships and Limited Liability Corporations (LLCs) the right to vote; revises the definition of “resident of town” to include a person who has physically resided in the town corporate limits for at least 30 days prior to the election; requires persons appearing to vote to present proof of identity and address; allows personal recognition of a voter by a majority of Election officers at the polling place to attest to a voter’s identity and address; removes the requirement a Notice of Intention of Candidacy be filed 45 days before the election; requires the Town to submit the names of candidates to the Department of Election within one day of the filing deadline; allows the Mayor to call a Special Meeting regarding candidate eligibility 20 days before the election; requires a candidate for a municipal office to file a Certificate of Intention establishing a campaign committee with the State Election Commissioner; allows the Board of Elections to declare candidates elected where the number of qualified candidates are equal to or less than the number of seats up for election; adds a provision barring members of the Board of Elections from being elected officials or immediate family members of elected officials; and adds new procedures for Election Day. The bill also removes references to Town Aldermen; removes the option of the Town Council Secretary and Treasurer not being members of the Town Council; renames the President pro-tempore as the Mayor pro-tempore; further expands the definition of “sudden emergency”; allows the City Treasurer to be assisted by Town Staff in their responsibilities; removes the requirement that an audit of town funds be performed upon the expiration of a Treasurer’s term in office; requires a member to pay at the member’s own expense if they retain counsel at a hearing for a forfeiture of office; requires notice requirement of Special Meetings be made in accordance with the provisions of the Delaware Freedom of Information Act; and authorizes the Town Council to allow participation and vote by remote electronic access to the extent permitted by a state of emergency and the Delaware Freedom of Information Act. This Act requires a greater than majority vote for passage because §1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a municipal charter.AN ACT TO AMEND THE CHARTER OF THE TOWN OF SOUTH BETHANY RELATING TO TOWN COUNCIL, MUNICIPAL ELECTIONS, AND ORGANIZATION OF TOWN COUNCIL.
HB 99PassedCarsonThis Act confirms that nursery stock as defined in Title 3, Chapter 13, Nurseries and Nursery Stock, includes clones and seedlings. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO AGRICULTURE.
HB 4 w/ HA 1PassedCarsonSection 1 clarifies the definitions for animal exposed to rabies, control and observation, exotic animals, human exposed to rabies, owner, rabid animal, rabies vector species, strict quarantine, scratch, and suspect rabid animal. Section 2 clarifies the reporting requirements for a medical practitioner, hospital, veterinarian, or other person with knowledge of a person or animal suspected of being exposed to rabies. Section 3 requires veterinarians providing rabies vaccines to be licensed veterinarians and removes the Department of Natural Resources and Environmental Control from the list of entities authorized to inspect a cat or ferret owner’s certificate of a valid rabies vaccination. Section 4 provides that no licensed veterinarian or other person may vaccinate a native wild animal, a native wild animal hybrid, an exotic mammal or an exotic mammal hybrid with a rabies vaccine not intended for use in that animal except when specifically approved by the Department of Agriculture. Section 6 modifies the requirements for management of animals exposed to rabies including requirements for reports of suspected rabies exposure, requirements for release of quarantine, reporting of conditions of quarantine, disposition during quarantine, and surrender of dogs, cats, or ferrets for quarantine. Section 7 clarifies the responsibility and liability of an owner of an animal known or suspected to have exposed a human to rabies. Section 7 also establishes that law enforcement canines are not subject to being quarantined after biting a person if such bit occurred while the dog was being used for a law enforcement purpose. Section 10 removes the provision allowing the Director of Division of Public Health to require the reporting of all cases where humans were bitten by an animal known to transmit rabies. This Act also makes technical corrections to conform existing law to the standards of the Delaware Drafting Manual.AN ACT TO AMEND TITLE 3 OF THE DELAWARE CODE RELATING TO RABIES CONTROL.
HCR 20PassedMinor-BrownThis resolution designates the month of May as "National Nurses Month" in Delaware.DESIGNATING THE MONTH OF MAY AS "NATIONAL NURSES MONTH" IN THE STATE OF DELAWARE.
SB 106CommitteeWilsonThis Act makes students who attend homeschools eligible for the same services for children with disabilities as students who attend private schools in a manner that allows federal funds to pay for the services. This Act is the result of discussions regarding Senate Bill No. 19, which would make homeschool students eligible for speech therapy services, and accomplishes the goal of Senate Bill No. 19 because through meaningful consultation, speech therapy services are often included in the services provided to students who attend private schools. 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 SERVICES FOR CHILDREN WITH DISABILITIES IN HOMESCHOOLS.
SB 111CommitteeBrownThis Act creates an automatic expungement process for adult and juvenile charges that are eligible for mandatory expungement because under the petition-based system, only a small fraction of people eligible for expungement ever obtain this important relief. Under this Act, the State Bureau of Identification must identify and expunge cases eligible for automatic mandatory expungement on a monthly basis. This Act is effective immediately and will be implemented on August 1, 2024. Implementing the automatic expungement process requires coordination between different courts and state agencies. This Act is known as “The Clean Slate 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 10 AND TITLE 11 OF THE DELAWARE CODE RELATING TO AUTOMATIC EXPUNGEMENT.
SB 113CommitteeBrownSection 1 of the Act amends § 160(c) to clarify that shares of a corporation's capital stock held by any other entity (whether a corporation or non-corporate entity) are not entitled to be either voted or counted for quorum purposes if the corporation directly or indirectly holds a majority of such other entity's voting power entitled to vote generally in the election of, or is otherwise entitled to appoint or act as, the governing body of such entity. This amendment to § 160(c) should not be construed to create any negative implication with respect to the inclusion or exclusion of non-corporate entities in connection with any other section of the DGCL. Section 2 of this Act provides that the effective date for Section 1 of this Act is to be August 1, 2021. AN ACT TO AMEND TITLE 8 OF THE DELAWARE CODE RELATING TO THE GENERAL CORPORATION LAW.
SB 115CommitteeBrownThis bill continues the practice of amending periodically the Delaware Revised Uniform Partnership 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 15-103 of the Act to confirm and clarify the effect of modifications provided in a statement of partnership existence or a statement of qualification and in a partnership agreement as contemplated by Sections 15-201(a), 15-203, and 15-501. Notwithstanding any modifications provided, such as, that a partnership is not a separate legal entity, all other provisions of this chapter, including Section 15-801, continue to apply, unless the partnership agreement provides that such other provisions do not apply. Section 2. This section amends Section 15-202 of the Act to add subsection (g) to provide a safe harbor procedure for ratifying acts or transactions that may be taken by or in respect of a partnership under the Act or a partnership agreement that are void or voidable and waiving failures to comply with requirements of a partnership agreement that make such acts and transactions void or voidable. New subsection (g) is intended to provide a rule different from the rule applied in Composecure, L.L.C. v. Cardux, LLC, 206 A.3d 807 (Del. 2018), and Absalom Absalom Trust v. Saint Gervais LLC, 2019 WL 2655787 (Del. Ch. June 27, 2019), that acts or transactions determined to be void generally may not be ratified. The penultimate sentence of new subsection (g) confirms that void or voidable actions may be ratified or requirements may be waived by other means permitted by law, and accordingly, new subsection (g) is not intended to preempt or restrict other valid means of ratifying acts or transactions or waiving requirements or to impair the effectiveness of any valid ratification or waiver previously effected. Section 3. This section amends Section 15-401(l) of the Act to provide that a partner may delegate any of its rights, powers or duties irrespective of whether it has a conflict of interest with respect to the matter as to which such rights, powers or duties are being delegated, and that the person or persons to whom any such rights, powers or duties are being delegated shall not be deemed conflicted solely by reason of the conflict of interest of the partner. The amendments to Section 15-401(l) create a different rule than the rule applied in cases such as Wenske v. Bluebell Creameries, Inc., 214 A.3d 958 (Del. Ch. 2019), that a conflicted principal is legally disabled from delegating authority over the subject matter as to which the principal is conflicted even to an independent delegatee. Section 4. This section amends Section 15-403 of the Act to make certain clarifying and conforming changes, and to provide that when a partner is entitled to obtain information for a stated purpose (whether pursuant to Section 15-403 or a partnership agreement), the partner’s right shall be to obtain such information as is necessary and essential to achieving that purpose, unless such right has been expanded or restricted in the partnership agreement. To the extent current law is that the “necessary and essential” test does not apply by default to (i) a partner’s right under Section 15-403(a) of the Act to obtain information from a partnership for a purpose reasonably related to the partner’s interest as a partner, or (ii) a partner’s right under a partnership agreement to obtain information from a partnership for a stated purpose, the first sentence of subsection (f) is intended to change that law. Section 5. This section provides that the proposed amendments to the Act shall become effective August 1, 2021. AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO THE CREATION, REGULATION, OPERATION, AND DISSOLUTION OF DOMESTIC PARTNERSHIPS AND THE REGISTRATION AND REGULATION OF FOREIGN LIMITED LIABILITY PARTNERSHIPS.
SB 116CommitteeBrownThis bill continues the practice of amending periodically the Delaware Revised Uniform Limited Partnership 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 17-106 of the Act to add subsection (e) to provide a safe harbor procedure for ratifying acts or transactions that may be taken by or in respect of a limited partnership under the Act or a limited partnership agreement that are void or voidable and waiving failures to comply with requirements of a partnership agreement that make such acts and transactions void or voidable. New subsection (e) is intended to provide a rule different from the rule applied in Composecure, L.L.C. v. Cardux, LLC, 206 A.3d 807 (Del. 2018), and Absalom Absalom Trust v. Saint Gervais LLC, 2019 WL 2655787 (Del. Ch. June 27, 2019), that acts or transactions determined to be void generally may not be ratified. The penultimate sentence of new subsection (e) confirms that void or voidable actions may be ratified or requirements may be waived by other means permitted by law, and accordingly, new subsection (e) is not intended to preempt or restrict other valid means of ratifying acts or transactions or waiving requirements or to impair the effectiveness of any valid ratification or waiver previously effected. Section 2. This section amends Section 17-220 of the Act to make a conforming change. Section 3. This section amends Section 17-305 of the Act to make certain clarifying and conforming changes, and to provide that when a limited partner is entitled to obtain information for a stated purpose (whether pursuant to Section 17-305 or a partnership agreement), the limited partner’s right shall be to obtain such information as is necessary and essential to achieving that purpose, unless such right has been expanded or restricted in the partnership agreement. The first sentence of subsection (f) is intended to (i) change current law, as set forth in Murfey v. WHC Ventures, LLC, 236 A.3d 337 (Del. 2020), that the “necessary and essential” test does not apply by default to a limited partner’s contractual right to obtain information from a limited partnership for a stated purpose, and (ii) clarify that the “necessary and essential” test applies to a limited partner’s right under Section 17-305(a) of the Act to obtain information from a limited partnership for a purpose reasonably related to the limited partner’s interest as a limited partner. Section 4. This section amends Section 17-403(c) of the Act to provide that a general partner may delegate any of its rights, powers or duties irrespective of whether it has a conflict of interest with respect to the matter as to which such rights, powers or duties are being delegated, and that the person or persons to whom any such rights, powers or duties are being delegated shall not be deemed conflicted solely by reason of the conflict of interest of the general partner. The amendments to Section 17-403(c) create a different rule than the rule applied in cases such as Wenske v. Bluebell Creameries, Inc., 214 A.3d 958 (Del. Ch. 2019), that a conflicted principal is legally disabled from delegating authority over the subject matter as to which the principal is conflicted even to an independent delegatee. Section 5. This section amends Section 17-1201 of the Act to clarify the effect of subchapter XII of the Act and to provide for the manner in which a limited partnership may become a statutory public benefit limited partnership. Section 6. This section amends Section 17-1202(a) of the Act to provide that a partnership agreement of a statutory public benefit limited partnership must state that the limited partnership is a statutory public benefit limited partnership and must set forth the specific public benefit or benefits to be promoted by the limited partnership, to provide that the partnership agreement shall control as among the partners and other persons who are party to or otherwise bound by the partnership agreement in the event of any inconsistency between the public benefit(s) as set forth in such agreement and the certificate of limited partnership, to require amendment of the certificate of limited partnership of a statutory public benefit limited partnership in specified circumstances, and to clarify the effect of subchapter XII of the Act. Section 7. This section repeals Section 17-1203 of the Act. Section 8. This section amends Section 17-1204 of the Act to make conforming changes. Section 9. This section amends Section 17-1205 of the Act to make a conforming change. Section 10. This section provides that the proposed amendments to the Act shall become effective August 1, 2021. AN ACT TO AMEND CHAPTER 17, TITLE 6 OF THE DELAWARE CODE RELATING TO THE CREATION, REGULATION, OPERATION AND DISSOLUTION OF DOMESTIC LIMITED PARTNERSHIPS AND THE REGISTRATION AND REGULATION OF FOREIGN LIMITED PARTNERSHIPS.
SB 114CommitteeBrownThis 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 18-106 of the Act to add subsection (e) to provide a safe harbor procedure for ratifying acts or transactions that may be taken by or in respect of a limited liability company under the Act or a limited liability company agreement that are void or voidable and waiving failures to comply with requirements of a limited liability company agreement that make such acts and transactions void or voidable. New subsection (e) is intended to provide a rule different from the rule applied in Composecure, L.L.C. v. Cardux, LLC, 206 A.3d 807 (Del. 2018), and Absalom Absalom Trust v. Saint Gervais LLC, 2019 WL 2655787 (Del. Ch. June 27, 2019), that acts or transactions determined to be void generally may not be ratified. The penultimate sentence of new subsection (e) confirms that void or voidable actions may be ratified or requirements may be waived by other means permitted by law, and accordingly, new subsection (e) is not intended to preempt or restrict other valid means of ratifying acts or transactions or waiving requirements or to impair the effectiveness of any valid ratification or waiver previously effected. Section 2. This section amends Section 18-217 of the Act to make a conforming change. Section 3. This section amends Section 18-305 of the Act to make certain clarifying and conforming changes, and to provide that when a member is entitled to obtain information for a stated purpose (whether pursuant to Section 18-305 or a limited liability company agreement), the member’s right shall be to obtain such information as is necessary and essential to achieving that purpose, unless such right has been expanded or restricted in the limited liability company agreement. To the extent current law is that the “necessary and essential” test does not apply by default to (i) a member’s right under Section 18-305(a) of the Act to obtain information from a limited liability company for a purpose reasonably related to the member’s interest as a member, or (ii) a member’s right under a limited liability company agreement to obtain information from a limited liability company for a stated purpose, the first sentence of subsection (g) is intended to change that law. Section 4. This section amends Section 18-407 of the Act to provide that a member or manager may delegate any of its rights, powers or duties irrespective of whether it has a conflict of interest with respect to the matter as to which such rights, powers or duties are being delegated, and that the person or persons to whom any such rights, powers or duties are being delegated shall not be deemed conflicted solely by reason of the conflict of interest of the member or manager. The amendments to Section 18-407 create a different rule than the rule applied in cases such as Wenske v. Bluebell Creameries, Inc., 214 A.3d 958 (Del. Ch. 2019), that a conflicted principal is legally disabled from delegating authority over the subject matter as to which the principal is conflicted even to an independent delegatee. Section 5. This section amends Section 18-1201 of the Act to clarify the effect of subchapter XII of the Act and to provide for the manner in which a limited liability company may become a statutory public benefit limited liability company. Section 6. This section amends Section 18-1202(a) of the Act to provide that a limited liability company agreement of a statutory public benefit limited liability company must state that the limited liability company is a statutory public benefit limited liability company and must set forth the specific public benefit or benefits to be promoted by the company, to provide that the limited liability company agreement shall control as among the members, the managers and other persons who are party to or otherwise bound by the liability company agreement in the event of any inconsistency between the public benefit(s) as set forth in such agreement and the certificate of formation, to require amendment of the certificate of formation of a statutory public benefit limited liability company in specified circumstances, and to clarify the effect of subchapter XII of the Act. Section 7. This section repeals Section 18-1203 of the Act. Section 8. This section amends Section 18-1204 of the Act to make conforming changes. Section 9. This section amends Section 18-1205 of the Act to make a conforming change. Section 10. This section provides that the proposed amendments to the Act shall become effective August 1, 2021. 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.

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
SB 23PassedHansenThis Act creates a special license plate for those citizens who wish to support pollinator habitat creation and conservation. This Act requires a greater-than-majority vote for passage because Article VIII, § 11 of the Delaware Constitution requires the affirmative vote of 3/5 of the members elected to each house of the General Assembly when a new tax or license fee is imposed.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPECIAL LICENSE PLATES.
SB 45PassedSturgeonThis Act creates a special license plate for members of the nonprofit organization, atTAcK addiction. This Act requires a greater-than-majority vote for passage because Article VIII, § 11 of the Delaware Constitution requires the affirmative vote of 3/5 of the members elected to each house of the General Assembly when a new tax or license fee is imposed. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPECIAL LICENSE PLATES.
HB 82 w/ HA 4CommitteeD. ShortThis bill seeks to amend sections of Chapter 66 concerning the Delaware State Fire Prevention by: imposing a timeframe on the Delaware Volunteer Firefighters’ Association to recommend nominate Commission members to the Governor; imposing a presumption of neglect if a Commissioner misses three consecutive Commission meetings; adjusting the terms and term limits of the Commissioners; to prohibit a Commissioner from also serving in a politically elected or appointed position while serving as a Commissioner; and to eliminate the requirement for an Advisory Board. The Commission also creates an Executive Director position, which will be currently filled by a current Commission employee serving in that function. That bill makes clear that that person’s current merit status will remain, but will become an exempt position when the position next becomes vacant. The bill proposes to authorize the imposition of fines for violations of applicable Code and regulatory provisions and reasonable fees for Commission's certifications to help defray costs and expenses with the Commission’s administration and enforcement of its powers under the Code and its regulations. Finally, the bill proposes to make several amendments to clarify and synthesize language in other sections of Chapter 66. AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE JURISDICTION OF THE DELAWARE STATE FIRE PREVENTION COMMISSION AND COMMISSION TERMS.
SB 54PassedParadeeThis bill makes certain technical amendments to the Delaware Voluntary Clean Energy Financing Program Based on Property Assessments (D-PACE) Act. The amendments are based upon comments received from New Castle County and the lending community. The bill clarifies the interplay between the Act and existing tax and foreclosure sale statutes and that the lien for the energy improvements will remain with the property following a tax monition sale and mortgage foreclosure. It also clarifies the authority of the Sustainable Energy Utility and third party capital providers to enforce the lien for delinquent assessments for clean energy improvements.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DELAWARE VOLUNTARY CLEAN ENERGY FINANCING PROGRAM BASED ON PROPERTY ASSESSMENTS (D-PACE) OR OTHER LOCAL ASSESSMENT STATUTE.
SB 77PassedHansenThis Act clarifies that a lay individual who administers naloxone under the Community-Based Naloxone Access Program is protected from civil liability for rendering emergency care under § 6801 of Title 16, the general Good Samaritan law.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE COMMUNITY-BASED NALOXONE ACCESS PROGRAM.
HB 133CommitteeK. WilliamsThis Act changes the current evaluation system for all teachers from the former Delaware Performance Appraisal System II evaluation to a new Delaware Teacher Growth and Support System. The goal of this new evaluation system is to build a culture of professionalism and learning within every school by converting the evaluation system from a teacher-focused to a learning-focused system. It also increases accountability by requiring a beginning, middle and end of the year review of both the teacher’s professional learning goals and student improvement goals. All teachers (not just 4-8 testing subjects) will be held accountable for student growth. The new evaluation system will only apply to teachers. Specialists and administrators will continue to be evaluated under the Delaware Performance Appraisal System II. Under this Act the new evaluation system will be phased in with a minimum of 3 local education agencies participating in a pilot program for academic year 2021-2022, which will sunset on June 30, 2022. Under Section 2 and 3 of this Act, effective academic year 2022-2023, all teachers will fall under the Delaware Teacher Growth and Support System and all specialists and administrators will be evaluated under Delaware Performance Appraisal System II.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATOR EVALUATIONS.
SS 1 for SB 38PassedBrownIn 2019, the 150th General Assembly enacted Senate Substitute No. 1 for Senate Bill No. 37, which reformed the adult expungement process in this State. After a year of implementing this new expungement process, Senate Bill No. 38 was introduced to make changes to clarify language or increase the efficiency of the process. Like Senate Bill No. 38, this Substitute does the following: (1) Clarifies that the adult expungement law under Subchapter VII of Chapter 43 of Title 11 of the Delaware Code does not apply to a juvenile adjudication of delinquency. (2) Clarifies that “pending criminal charges” does not include an alleged violation of Section 904 (e) or (f) of Title 4, Section 4764(c) of Title 16, or a Title 21 offense. (3) Clarifies that certain crimes that are not eligible for a mandatory or discretionary expungement under § 4372(f) of Title 11 are eligible for a discretionary expungement after an unconditional pardon is granted by the Governor. (4) Clarifies that the requirement that a person may not receive an expungement for 10 years after a prior expungement is to be applied prospectively to expungements granted after December 27, 2019. (5) Clarifies that the requirement that all fines, fees, and restitution be paid before an expungement is granted applies to the conviction for which the person is seeking the expungement, not all fines, fees, or restitution the person might owe. (6) Clarifies that a case terminated in favor of an accused is to be expunged even if a person has other prior or subsequent convictions that are not eligible for expungement. (7) Includes certain criminal contempt of court orders, criminal contempt of a protection from abuse order, and breach of release as misdemeanor crimes of domestic violence that are not subject to mandatory expungement. (8) Clarifies that a discretionary expungement that is sought after an unconditional pardon by the Governor is to follow the procedures for a discretionary expungement in § 4374(c) through (h) and (j) of Title 11 and is not to be restricted by any of the eligibility requirements or exclusions contained in § 4374 of Title 11. This Substitute differs from Senate Bill No. 38 as follows: (1) This Substitute removes the process for expunging certain cases that do not have a disposition. (2) While this Substitute also permits a person to include in a petition for discretionary expungement a crime that is eligible for mandatory expungement and to authorize Family Court and Superior Court to grant a mandatory expungement, this Substitute modifies that language.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO EXPUNGEMENT OF RECORDS OF ADULT ARREST AND CONVICTION.
SCR 14PassedRichardsonThis Resolution recognizes April 2021 as "Child Abuse Prevention Month" in the State of Delaware.RECOGNIZING APRIL 2021 AS "CHILD ABUSE PREVENTION MONTH" IN THE STATE OF DELAWARE.
HB 5 w/ HA 1CommitteeK. WilliamsIf a community owner proposes a rent increase that exceeds the Consumer Price Index For All Urban Consumers in the Philadelphia-Wilmington-Atlantic City area (CPI-U), then the Delaware Manufactured Home relocation Authority is mandated to hold a final meeting between the community owner and the affected homeowners, and the homeowners’ association to discuss the reasons for the proposed increase. This Act allows the following to attend the final meeting: (1) the homeowners’ designee; (2) the homeowner’s attorney; (3) The attorney for the homeowners’ association; (4) A representative from the Delaware Manufactured Home Owners Association; and (5) Elected Delaware officials. AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO RENT INCREASE DISPUTE RESOLUTION.
HB 7CommitteeMinor-BrownThis Act makes permanent and temporary changes to the Adult Correction Healthcare Review Committee ("ACHRC") which is a committee that serves in an advisory capacity to the Governor, General Assembly and the Commissioner of the Department of Correction on all matters relating to the provision of inmate health care services. The permanent changes include adding to ACHRC a healthcare professional who by virtue of the professional's training, education, and specialization hold expertise in correctional health and allowing either a psychiatrist or forensic psychologist to serve as a member. The temporary changes address the Department's response to COVID-19 from March 12, 2020 to March 30, 2021. This Act requires ACHRC to provide a report to the Governor, General Assembly and Commissioner a report regarding the efficacy and appropriateness of the Department's response identifying total numbers of correctional officers and inmates who tested positive and died from COVID-19 or COVID-19 related illnesses. The report also identifies the strengths, weaknesses, and opportunities for improvement and assesses the medical treatment provided to inmates who tested positive for COVID-19. The Act authorizes ACHRC to request records, consult with additional medical professionals and engage additional staff. Finally, for 2021 and 2022, the Chairpersons of the House and Senate Corrections Committees will be voting members of ACHRC, but cannot designate another individual to attend meetings or vote.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE ADULT CORRECTION HEALTHCARE REVIEW COMMITTEE.
HB 8 w/ HA 2CommitteeHeffernanThis Act mandates that the Department of Natural Resources and Environmental Control and the Division of Public Health establish maximum contaminant levels for specific contaminants found in drinking water in this state. Such contaminants include PFOA and PFOS, which are man-made chemicals. In certain studies, these chemicals were found to be associated with increased risks of chronic diseases. The Environmental Protection Agency, thus far, has not established a maximum contaminant levels, but have issued health advisories. The establishment of maximum contaminant levels is essential in order to protect the health and safety of all Delawareans from contaminants in drinking water.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO DRINKING WATER.
HB 198 w/ HA 1CommitteeDorsey WalkerThis Act requires each school district and charter school to establish and implement a curriculum on Black History for students in grades K through 12. This Act incorporates contemporary events into discussions of Black History and the tools of experience.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO BLACK HISTORY EDUCATION.
HA 1 to HB 5PassedK. WilliamsThis amendment adds a representative from the Delaware Manufactured Home Relocation Authority Board to the list of individuals who may attend a final meeting and makes technical changes. 
SCR 25PassedHansenThis Concurrent Resolution recognizes April 18-24, 2021, as "Crime Victims' Rights Week" in the State of Delaware. Please visit the following websites for more information on Crime Victims’ Rights Week and the resources available to victims and survivors of crime. Delaware Coalition Against Domestic Violence, at https://dcadv.org Delaware Victims’ Rights Task Force, at https://delawarevictimservices.org RECOGNIZING APRIL 18-24, 2021, AS "CRIME VICTIMS' RIGHTS WEEK" IN THE STATE OF DELAWARE.
HB 160 w/ HA 1CommitteeBentzThis Act, known as the Telehealth Access Preservation and Modernization Act of 2021, continues and enhances Delawareans’ access to telehealth and telemedicine services and, through the adoption of the Interstate Medical Licensure Compact, ensures that telehealth services can be provided through qualified medical practitioners in a streamlined and efficient pathway to licensure that meets the health care delivery system needs of the 21st century. With respect to telemedicine and telehealth, this Act consolidates the existing law relating to telehealth within a single new chapter applicable to all health-care providers authorized to practice telemedicine and participate in telehealth and makes permanent the telehealth flexibilities put in place for the Covid-19 pandemic. The Act carries through many of the changes embodied in the Covid-19 telehealth legislation passed by the 150th General Assembly in 2020 (HS 1 for HB 348 with HA1, signed 7/17/20), which will otherwise expire on July 1, 2021. The changes made in HB 348 that are made permanent by this Act include: 1. Removing all existing Title 24 statutory requirements that patients present in-person before telemedicine services may be provided. This Act continues the suspension of those requirements, but specifies that the requirement that a patient present in-person prior to the delivery of telemedicine services and telehealth is excused only under circumstances rendering an in-person examination impractical or when there is already an existing relationship established. 2. Modernizing the modality of permissible telemedicine and telehealth services; instead of limiting telehealth to interactions that must involve both audio and visual technology; this Act preserves flexibility for situations where patients do not have access to broadband connections or smartphones and need to consult with a physician by landline or audio-only cell phone, subject to existing professional standard of care requirements. Audio and visual visits will continue to be the preferable method for delivery of telehealth and telemedicine services. This Act also consolidates telehealth and telemedicine scope of practice, which currently appear in each separate chapters of Title 24 pertaining to regulated practitioners in order to provide consistent telehealth practice across license categories. This is increasingly important for facilitating integrated health-care services delivery, but it does not limit any of the existing authority of the State’s professional licensing boards in Title 24 to regulate their respective licensed professions and occupations. This Act adopts the Interstate Medical Licensure Compact (IMLC) in Delaware, joining the 29 States that are already members of the IMLC, including many of our neighboring states (Maryland is a member; Pennsylvania is in process of implementing the Compact; New Jersey has introduced IMLC legislation). https://www.imlcc.org/participating-states/ The long-term benefits of telehealth are best realized when accompanied by cross-state medical licensure capabilities available through adoption of the Interstate Medical Licensure Compact. The Compact creates a voluntary, expedited pathway to state licensure for physicians who want to practice medicine in multiple states. An eligible physician can qualify to practice medicine in multiple states by completing one application within the Compact, and receipt of separate licenses from each state in which the physician intends to practice. The Compact does not change the scope of Delaware’s authority to regulate physician practice under the existing Medical Practice Act. It simply creates another pathway for licensure.AN ACT TO AMEND TITLES 18 AND 24 OF THE DELAWARE CODE RELATING TO PRESERVING TELEHEALTH AND ADOPTING THE INTERSTATE MEDICAL LICENSURE COMPACT.
HB 155 w/ HA 1CommitteeK. JohnsonThis bill makes the definitions of sexual orientation, gender identity, and disability consistent throughout the Delaware Code and with federal law.AN ACT TO AMEND TITLES 6, 11, 19, AND 25 OF THE DELAWARE CODE RELATING TO DEFINITIONS.
SCR 27PassedGayThis resolution recognizes long-term care workers and facilities in Delaware and designates May 9 through 15, 2021 as Skilled Nursing Care Week in Delaware. RECOGNIZING LONG-TERM CARE WORKERS AND FACILITIES IN DELAWARE AND DESIGNATING MAY 9 THROUGH 15, 2021 AS SKILLED NURSING CARE WEEK IN DELAWARE.
HA 1 to HB 198PassedDorsey WalkerThis Amendment does the following: (1) Adds whereas clauses to express the General Assembly’s intention that development of curricula is up to the school districts and charter schools, and that the General Assembly is identifying material that must be included in the curricula only in this special circumstance. (2) Removes language from § 4142(a)(1), which added ambiguity to the section. (3) Requires that the Black History curricula be age appropriate. (4) Replaces the word "instruction" with the word "curricula" to clarify that Black History education, as a whole, must include the topics required in § 4142(a)(3) and be designed to do what is required by § 4142(c), but that not every instance of instruction must include every item listed in those paragraphs. 
SCR 35PassedGayThis resolution recognizes May 5, 2021, as Maternal Mental Health Awareness Day in Delaware.RECOGNIZING MAY 5, 2021 AS MATERNAL MENTAL HEALTH AWARENESS DAY.
HA 1 to HB 155PassedK. JohnsonThis amendment clarifies the definition of “sexual orientation”. 
HA 4 to HB 82PassedD. ShortThis amendment adds a new Enactment Clause with a 3/5 vote requirement required when new fees are being authorized. This amendment clarifies that the Executive Director position created by the act will be an exempt position and will become effective 30 days after enactment of the act. Additionally the fees for certain certifications are required to be based upon actual costs unless the fee is otherwise specifically authorized by other provisions of the title. Finally the Commission is authorized to impose civil penalties or fines that are authorized under Chapters 66 and 67 Title 16. 
HA 1 to HB 160PassedBentzThis is a technical amendment that corrects the inadvertent omission of some strike through and underlining. 
HR 10PassedHensleyThis resolution recognizes April 29, 2021 as World Wish Day in Delaware.RECOGNIZING APRIL 29, 2021 AS WORLD WISH DAY IN DELAWARE.
HA 2 to HB 8PassedHeffernanThis amendment clarifies that the Division of Public Health will work in collaboration with the Department of Natural Resources and Environmental Control. This amendment also changes the time, from 6 months to 9 months, by which the Department and Division shall conduct public hearings on proposed regulations. Finally, this amendment requires the Division, in collaboration with the Department, to develop and revise on a periodic basis, the maximum contaminant level by reviewing assessments conducted by the EPA, information published in peer-reviewed journals, the state-side survey data, and findings and recommendations resulting from public meetings of the Delaware PFAS Steering Committee and the Delaware PFAS Team, both of which are defined in the amendment. 
SCR 42PassedRichardsonThis resolution honors Corporal Keith Andrew Heacook and offers condolences to his family, colleagues, and community.HONORING CORPORAL KEITH ANDREW HEACOOK AND OFFERING CONDOLENCES TO HIS FAMILY, COLLEAGUES, AND COMMUNITY.

Senate Committee Assignments

Committee
Corrections & Public Safety
Education
Elections & Government Affairs
Environment & Energy
Health & Social Services
Housing

House Committee Assignments

Committee
Economic Development/Banking/Insurance & Commerce
Labor
Public Safety & Homeland Security

Senate Committee Report

No Senate Committee Report

House Committee Report

No House Committee Report

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

No House Defeated Legislation

Nominations Enacted upon by the Senate

No Records