Daily Report for 6/10/2021

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
SCR 45PassedEnnisThis Senate Concurrent Resolution continues the Motorcycle Rider Education Advisory Committee, which must meet at least quarterly to monitor the Motorcycle Rider Education Program, and assess the future needs of and recommend improvements to the Program.CONTINUING AND REORGANIZING THE MOTORCYCLE RIDER EDUCATION ADVISORY COMMITTEE.
HR 13PassedShupeThis Resolution proclaims June 25th, 2021 as "Korean War Remembrance Day".PROCLAIMING THE DATE OF JUNE 25, 2021, AS "KOREAN WAR REMEMBRANCE DAY".
HCR 30PassedMorrisonThis Concurrent Resolution acknowledges June 2021 as LGBTQ+ Pride Month in the State of Delaware.ACKNOWLEDGING JUNE 2021 AS LGBTQ+ PRIDE MONTH IN DELAWARE.
HR 14PassedD. ShortThis House Resolution in reference to Flag Day, June 14, 2021, honors the flag of the United States of America and the values it represents everyday.HONORING THE UNITED STATES FLAG AND THE VALUES IT REPRESENTS ON FLAG DAY, JUNE 14, 2021.
HCR 31PassedWilson-AntonThis Concurrent Resolution congratulates Melissa Hopkins for receiving Delaware's Mother of the Year Award.HONORING MELISSA HOPKINS FOR BEING NAMED DELAWARE'S 2021 MOTHER OF THE YEAR.
SB 180CommitteeBrownThis 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.
HA 1 to SB 15DefeatedYearickThis amendment changes the effective dates of each of the changes to the minimum wage by 1 year. 
HA 2 to SB 15DefeatedRamoneThis amendment holds the minimum wage at $13.25 after January 1, 2024. This amount would be in excess of the highest historic purchasing power achieved in 1968 when the minimum wage was $1.60 per hour. Allowing for inflation, it would equate to approximately $12.35 today. 
SA 1 to SS 1 for SB 65PassedPettyjohnThis Amendment extends the deadline to implement this Act from 6 months to 1 year from the date of enactment, if it has not been enacted earlier. 
HB 238CommitteeKowalkoThis Act repeals the ability of a charter school to give preference in student admissions to students residing within a 5-mile radius of the school. 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 PREFERENCES IN STUDENT ADMISSIONS TO CHARTER SCHOOLS.
HA 1 to HB 149PassedBennettThis Amendment deletes the reduced fee for passes and annual fees for residents and non-residents age 62 or older. The Amendment increases the lifetime pass fee for Delaware residents from $45 to $65. Lastly the Amendment changes the effective date from 6 months after enactment to July 1, 2022. 

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
SS 1 for SB 82 w/ SA 1PassedLockmanThis Act is a substitute for Senate Bill No. 82. Like Senate Bill 82, this Substitute does all of the following: (1) Codifies the Department of Education’s (“Department”) current efforts to establish a uniform public school registration process and requires that, beginning with the 2023 through 2024 school year, all public schools shall use the uniform public school registration process. This registration process will simplify the process for families, enable public schools to engage with families and plan in advance of the school year, and integrate data systems to eliminate duplication of effort. (2) Requires the uniform public school registration process to be Internet-based and in paper form and in English and Spanish and may be in other languages. This Act also requires that certain information must be provided in the process and that the Internet-based uniform public school registration process must include certain features. (3)Requires the Department to provide training to certain school district and charter school employees regarding the uniform public school registration process and issue guidelines for privacy of information submitted as part of the registration process. (4) Requires the Department to report to the Governor and General Assembly, no later than March 14, 2022, on the Department’s ability to connect the Internet-based uniform public school registration process to other Internet-based systems that are used to collect student data by the State; the Department; a licensed child care provider, including Head Start; or a public school serving preschool through age 21. This Substitute differs from Senate Bill No. 82 by doing all of the following: (1) Clarifying that a student must be registered in the student’s school district of residence before being eligible for the school choice process. (2) Requiring a public school be certified as completing training from the Department on the uniform public school registration process before providing paper forms as part of the in-person registration process. (3) Requiring the Department to provide uniform information about the uniform public school registration process to public schools and requiring the public schools to post the information on the school’s website and in other publications. (4) Requiring a public school to provide a parent with certain information after the parent completes the registration process, including the public school and school in which the child is enrolled. AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO PUBLIC SCHOOL REGISTRATION.
SB 147SignedPinkneyThis Act codifies a reasonableness requirement for the use of force, both non-lethal and lethal. This is important when the state of mind is an issue in a criminal trial, such as when the judge or jury must decide as to what someone believed, knew, or intended at a given time. The justification law as currently written uses the term “defendant believes” throughout its several sections. This Act makes it clear that the determination of one’s state of mind is an objective standard —that is, what a reasonable person would have believed, rather than what the defendant believed. Additionally, this Act makes clear that deadly force includes the use of a chokehold.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO USE OF FORCE.
SB 148PassedPinkneyThis Act expands the Division of Civil Rights and Public Trust’s responsibility to review deadly use of force incidents by law enforcement by adding review of cases involving serious physical injury. It also requires that if the Division issues a public report on the use of force, the report must include the race of the law enforcement officer who used force, the race of the individual on whom force was used, and whether race was a relevant or motivating factor.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DIVISION OF CIVIL RIGHTS AND PUBLIC TRUST.
SB 2PassedHansenIn order to lower the cost of energy and accelerate the adoption of community-based solar photovoltaic systems in the State, this bill eliminates current barriers to such systems and sets up a regulatory process to be implemented by the Public Service Commission with consumer protection provided by the Department of Justice. More specifically, this bill: 1. Allows for multiple types of ownership models, defined as “community-owned energy generating facilities," to exist and compete in the marketplace; 2. Increases the maximum size of these systems to 4 megawatts (MW); 3. Eliminates the requirement that all customers of a system must be located on the same distribution feeder; 4. Eliminates the requirement that all customers of a system must be identified before the system can be built; 5. Provides for the regulation of these systems by the Public Service Commission and sets forth the fee and requirements for a Certificate to Operate; 6. Provides compensation to the system owner for 10% or less of unsubscribed energy; 7. Requires each system owner to certify that it serves at least 15% low income customers; and 8. Provides that the Public Service Commission will engage in rule-making in consultation with the Consumer Protection Unit of the Delaware Department of Justice and promulgate rules and regulations by March 11, 2022. AN ACT TO AMEND TITLES 6, 26, AND 29 OF THE DELAWARE CODE RELATING TO COMMUNITY OWNED ENERGY GENERATING FACILITIES AND RENEWABLE ENERGY.
SB 158SignedBrownThis bill expands prison-based jobs to provide work experience and job skill training and will assist offenders with reentry, while also maintaining Department of Correction (“DOC”) facilities. DOC has not been able to increase the number of offender job opportunities at its facilities or increase inmate wages due to budget constraints; and allowing offenders to be either compensated or awarded additional good time credits will allow the Department to increase the number of offenders eligible to work and provide them with additional opportunities to earn good time credits. Increasing the number of good time credit days an offender may earn will enhance the incentive for inmates to participate in approved programs and productive work. AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF CORRECTION.
SB 159PassedBrownSection 4513 of Title 21 authorizes the installation and use of monitoring systems to assist in the enforcement of applicable law regarding motor vehicle use of roadways that the Department of Transportation (“DelDOT”) has determined are not suitable for certain commercial or other truck traffic. DelDOT’s determination of which roadways is based on myriad reasons, including vehicle height, weight, or size. This Act renames the monitoring systems to more accurately reflect their purpose. It also clarifies the following: - The purpose of the monitoring system is to assist in enforcing restrictions of trucks on certain roadways that are not suitable for certain commercial or other truck traffic. - Counties and municipalities are authorized to install monitoring systems. - The county or municipality that authorizes the installation of a monitoring system is responsible for paying or obtaining the funds for payment of the installation, use, maintenance, or other costs associated with the system. This Act also makes technical changes 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 SIZE AND WEIGHT OF VEHICLES AND LOADS.
SB 161 w/ HA 1PassedPinkneyAccording to the Children’s Bureau within the Administration for Children & Families, U.S. Department of Health & Human Services, all 50 states plus Washington, D.C. and Puerto Rico have enacted infant safe haven laws that allow a parent to surrender a newborn without fear of prosecution. These laws vary in terms of where an infant can be surrendered. Delaware is among 16 states that only permit a baby to be surrendered to a hospital. Twenty-five states allow surrenders at fire stations and 25 states permit surrenders to personnel at police stations or other law enforcement agencies. This Act adds police stations to the designated safe havens where an individual may surrender a baby. This Act makes conforming amendments to other laws of this State based on this addition. Additionally, this Act codifies a portion of the original Safe Arms for Babies law, Chapter 187 of Volume 73 of the Laws of Delaware, that requires the Department of Health and Social Services to take certain actions related to the law. Finally, this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 11 AND TITLE 16 OF THE DELAWARE CODE RELATING TO SAFE ARMS FOR BABIES.
SB 10SignedHansenThis Act provides for the establishment of stormwater maintenance districts in New Castle County and for the collection and use of stormwater maintenance fees to help pay for maintenance in the districts. This Act is modeled on Chapter 52 of Title 9 that has allowed Kent County to create stormwater maintenance districts and differs only in format for clarity and to conform to the standards of the Delaware Legislative Drafting Manual. Under this Act, New Castle County will adopt an ordinance that provides the procedures and criteria related to the establishment of stormwater maintenance districts. The adoption of the ordinance is required to implement this Act. Once this Act is implemented, it is mandatory that any new subdivision or land development in any unincorporated area in New Castle County establish a stormwater maintenance district, if required to do so under the implementing ordinance. Subdivisions and land developments in existence when this Act is implemented may petition the county government to declare the area a stormwater maintenance district. A stormwater maintenance district may be established within an incorporated area, but only with the concurrence of the local governing body.AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO STORMWATER MANAGEMENT DISTRICTS IN NEW CASTLE COUNTY.
SJR 5SignedHansenThis Senate Joint Resolution creates a one-time, Toll Violation Amnesty Program (Amnesty Program) to provide a 3 month long opportunity for people to satisfy toll debt that is in collection from toll violations that occurred on I-95 and SR 1. The Amnesty Program will collect funds that the State would probably otherwise never receive. Each year, the Department of Transportation collects over $190 million from over 70,600,000 toll transactions on I-95 and SR 1. However, Delaware is owed over $143.4 million in toll debt from unpaid tolls, penalties, and fees from toll violations on these highways. The most recent 3-year average collection rate of toll debt is 8.4%. In addition, financial incentives can increase the voluntary payment of fines and high administrative fees and financial costs have a disparate impact on people who are poor and can discourage people from making payments towards their toll debt. Under state law, each toll violation results in an administrative fee of $25.00; a civil penalty of $25.00; and for violations that occurred after January 31, 2017, a $10.00 fee for the Volunteer Ambulance Company Fund and a $15.00 fee for the Fund to Combat Violent Crimes. In addition, a civil penalty surcharge of $12.50 is added for each toll violation that remains unpaid after 42 days. Thus, a driver who fails to pay a $1.00 toll is initially assessed $51.00 in toll debt, which increases to $88.50 if it is not paid within an additional 42 days. The Amnesty Program is structured to collect at least as much revenue as Delaware collects annually in toll debt that is in collections. Toll violations that occurred on I-95 and SR 1 between January 1, 2014 through April 30, 2020 are eligible for the Amnesty Program and notice of the Amnesty Program will be provided to each person with eligible toll debt. The Amnesty Program will operate for 3 months. The Amnesty Program will not apply retroactively. To satisfy toll debt under the Amnesty Program, a person must pay the full amount of the tolls owed and an amnesty fee. The amnesty fee reduces the amount due from fees and penalties and is established under this Senate Joint Resolution in amounts based upon the number of toll violations included in the toll debt. For example, a person with 9 toll violations can satisfy their $796.50 toll debt by paying $69.00 and a person with 496 toll violations can satisfy their $43,896.00 toll debt by paying $1,306.00. Instead of a flat fee per violation, the Volunteer Ambulance Company Fund and the Fund to Combat Violent Crimes will each receive a portion of each amnesty fee that is collected during the Amnesty Program, and it is anticipated that each fund will receive a total payment that is equal to or greater than the amount these funds would anticipate receiving through the regular collections process.CREATING A TOLL VIOLATION AMNESTY PROGRAM.
SB 25SignedTownsendChiropractic care is a drugless system of health care. It is uniquely positioned as a treatment for back pain and chronic headaches, which a peer-reviewed medical journal has indicated are alarming drivers of opioid-related deaths. Other peer-reviewed studies have indicated that chiropractic physician care reduces opioid usage rates, costs significantly less than the opioid treatment path, and contributes to preventing addiction and overdose death. In Delaware, back problems are a top-three cost driver and are among the most common conditions resulting in disability and lost productivity. This Act helps to address these issues in Delaware and improves access for Delawareans seeking opioid-free treatment by ensuring chiropractors are reimbursed at least at the level of Medicare and not at historically persistent lower rates.AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO INSURANCE COVERAGE AND REIMBURSEMENT FOR SERVICES PROVIDED BY A CHIROPRACTOR.
SB 171SignedSokolaThis Act provides additional procedures necessary to ensure that incarcerated individuals who were residents of Delaware immediately before their date of incarceration are counted for reapportionment and redistricting purposes at their last known residence as required by law. Specifically, this Act does the following: 1. Clarifies that this law applies to individuals incarcerated in a state correction facility in Delaware. 2. Designates the Department of Elections as the state agency in charge of geocoding the last known residence of these incarcerated individuals. 3. Requires the Department of Correction to provide last known residence information in its possession to the Department of Elections by September 15 of the year of a federal decennial census after the general election of 2022. 4. Requires the Department of Elections to make reasonable efforts to correct last known residence data that is not geocodable. If the Department is not able to geocode the last known address of an incarcerated individual, the Department shall establish the address of the incarcerated individual as the State correctional facility where the individual is incarcerated. 5. Requires the Department of Elections to provide the geocoded last known residence data to the General Assembly by January 15 of the year following a federal decennial census after the general election of 2022. Additionally, Section 2 of this Act makes clear that, while the deadlines in the amended version of § 804A of Title 29 of the Delaware Code only apply prospectively, because the deadlines have passed for purposes of redistricting for the general election of 2022, the intent is that the amended version of § 804A of Title 29 apply for purposes of redistricting for the general election of 2022 and the Department of Correction and Department of Election provide the necessary data as soon as practicable. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO COUNTING INCARCERATED INDIVIDUALS FOR REDISTRICTING PURPOSES.
SS 1 for SB 7 w/ SA 2, SA 1 + HA 4SignedMantzavinosThis substitute bill incorporates the provisions of Senate Amendment 2 to the original bill, including reiterating in the Whereas statements the existing law that requires persons arrested for a violent felony while out on bail awaiting trial for a previous violent felony to be held without bail. It also updates the language regarding the courts' obligation to review bail to reflect current practice and requires reporting on such cases and racial impact by the Criminal Justice Council in its annual report. Finally, it provides a sunset provision so that the bill expires when the constitutional amendment regarding bail is enacted. AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO BAIL.
SA 1 to SS 1 for SB 82PassedLockmanThis Amendment does all of the following: (1) Requires the Secretary of the Department of Education to approve any additional information or documents required by a public school. (2) Makes clear that the common statewide physical exam form must include information to prove lead screening as required by Chapter 26 of Title 16 of the Delaware Code.  
SA 1 to SS 1 for SB 7PassedHansenThis 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. 
SA 2 to SS 1 for SB 7PassedMantzavinosThis amendment clarifies that a court may review bail pursuant to statute and court rule without requiring a motion. It also further defines the information that is collected by the Criminal Justice Council to capture not just pretrial success rates, but also the racial and geographic impact of this legislation. Finally, it sets an effective date 30 days after enactment into law. 

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
HA 1 to HB 48PassedBentzThis amendment clarifies that the disbursement of grants is contingent upon an initial, one-time contribution to the Health Care Provider Loan Repayment Program, in an amount Fiscal Year 22 appropriation of State funds up to an maximum of $1 million, from Delaware Health insurers. 
SB 113SignedBrownSection 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 115SignedBrownThis 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 116SignedBrownThis 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 114SignedBrownThis 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.
HA 2 to HB 175PassedMorrisonThis Amendment removes a walkout from the examples of civic engagement and removes the presumption that an absence is excused when the parent does not receive confirmation of receipt of acceptable written permission. This Amendment also removes the quotation marks around “redeem” and “exchange” in line 24.  
SCR 36PassedGayThis resolution directs the Delaware Department of Education and the Delaware Early Childhood Council to create a state target compensation scale and professional career pathway for early child care educators who teach ages birth through five years and issue a comprehensive written report by December 1, 2021.DIRECTING THE DEPARTMENT OF EDUCATION AND THE DELAWARE EARLY CHILDHOOD COUNCIL TO CREATE A STATE TARGET COMPENSATION SCALE AND PROFESSIONAL CAREER PATHWAY FOR EARLY CHILDHOOD CARE EDUCATORS WHO TEACH AGES BIRTH THROUGH FIVE.
HA 1 to HB 178PassedK. WilliamsThis amendment revises the process for developing the evaluation rubric by allowing stakeholders to participate in an open forum with Department of Education about the programs and application evaluation, and then allowing the Department of Education to finalize the rubric. 
SCR 54PassedSokolaThis Concurrent Resolution recognizes the young men participating in the 2021 session of Delaware’s Boys State and commends its sponsor, the American Legion Department of Delaware.RECOGNIZING THE YOUNG MEN FROM ACROSS THE STATE OF DELAWARE PARTICIPATING IN THE 2021 SESSION OF DELAWARE’S BOYS STATE.

Senate Committee Assignments

Committee
Education
Elections & Government Affairs
Finance
Health & Social Services
Labor
Legislative Oversight & Sunset

House Committee Assignments

Committee
Administration
Appropriations
Economic Development/Banking/Insurance & Commerce
Education
Health & Human Development
Judiciary
Sunset Committee (Policy Analysis & Government Accountability)

Senate Committee Report

Committee
Finance
Judiciary
Transportation

House Committee Report

No House Committee Report

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

BillCurrent StatusSponsorSynopsisTitle
HB 75LOTBentzThis Act is the final leg of a constitutional amendment that would eliminate from the Delaware Constitution the limitations as to when an individual may vote by absentee ballot. This amendment to the Delaware Constitution provides that the General Assembly shall enact general laws providing the circumstances, rules, and procedures for absentee voting.AN ACT CONCURRING IN A PROPOSED AMENDMENT TO ARTICLE V OF THE DELAWARE CONSTITUTION RELATING TO VOTING.

Nominations Enacted upon by the Senate

No Records