| HB 72 | Signed | Minor-Brown | This 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 73 | Signed | Minor-Brown | This 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 87 | Signed | K. Williams | This 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 1 | Signed | Gray | This 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 99 | Signed | Carson | This 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 1 | Signed | Carson | Section 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 20 | Passed | Minor-Brown | This 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 106 | Signed | Wilson | This 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 111 | Signed | Brown | This 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 113 | Signed | Brown | Section 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 115 | Signed | Brown | This 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 116 | Signed | Brown | This 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 114 | Signed | Brown | This 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. |
