Daily Report for 5/12/2022

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
SB 297CommitteeSokolaThis Act adopts the Uniform Law Commission's Revised Uniform Athlete Agents Act ("Revised Act"), revising Chapter 54, Title 24 of the Delaware Code, which is based on the Uniform Law Commission's Uniform Athlete Agents Act ("Uniform Act"). The Uniform Law Commission “provides states with non-partisan, well-conceived and well-drafted legislation that brings clarity and stability to critical areas of state statutory law.” In the early 2000's, Delaware and 42 other states adopted the Uniform Act. Delaware's version of the Uniform Act included a Board of Athlete Agents Examiners ("Board"), which was sunsetted by the Joint Legislative Oversight and Sunset Committee in 2012 and removed from the Delaware Code by Senate Bill 184 of the 146th General Assembly (78 Del. Laws, c. 376). In addition to removing provisions related to the Board, Senate Bill 184 also removed provisions requiring athlete agents doing business in Delaware to be registered and subject to administrative oversight. In 2015, the Uniform Law Commission adopted the Revised Act to enhance protections for student athletes and educational institutions, create a uniform body of athlete agent registration information, and simplify the registration process. The changes made to the Uniform Act by the Revised Act became necessary as athlete agent tactics have become more advanced and the industry has become more sophisticated. The need for the Revised Act is highlighted by a recent FBI investigation into athlete agent activities related to the college basketball programs at a number of Division I schools. The need is also highlighted by the National Collegiate Athletic Association’s adoption of an interim policy in June 2021 that removes restrictions on student athletes receiving compensation for their name, image, and likeness. Coinciding with this change, there has been an increase in athlete agent registrations in states with laws requiring registration. The adoption of the Revised Act provides safeguards for student athletes by requiring that athlete agents be registered and that agency contracts contain specific notice provisions. The Revised Act has been enacted by 18 states, with 4 of those enactments occurring in 2021.AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO ATHLETE AGENTS.
HA 1 to HB 333PWBBennettThis Amendment replaces the definition of “therapeutic purpose” with a more specific definition of “therapeutic purpose” in reference to the bill’s exception for declawing a cat. 
HA 1 to HB 343PWBMinor-BrownThis amendment revises the definition of doula services to remove support for a birthing person who has been separated from the person’s child and add support for a birthing person following loss of pregnancy. 
HCR 82PassedLonghurstThis concurrent resolution requests that the Department of Education provide information on the current mental health care workforce within Delaware schools and what progress is being made to meet ratios established in HB 100.REQUESTING DATA ON WHERE DELAWARE SCHOOLS ARE IN THE IMPLEMENTATION OF FULL MENTAL HEALTH SERVICES IN DELAWARE SCHOOLS.
SA 1 to SB 248PWBEnnisThis amendment removes the valuation exclusion from the process originally outlined and makes conforming adjustments to ensure internal consistency in the Code. In addition, this amendment both changes the effective date of this legislation and sets forth dates of applicability on a per-county basis, each of which are necessary to comply with the Uniformity Clause of the Delaware Constitution. 
SA 1 to HB 371DefeatedRichardsonThis Amendment delays the effective date of this Act until there is a way for law enforcement to put in place an accurate test to gauge if someone is under the influence of marijuana.  
HB 444CommitteeLonghurstThis Act, known as the James Johnson Sentencing Accountability Act, named for Representative JJ Johnson, makes significant changes to sentencing accountability in Delaware. Section 1. This section repeals the provisions of Title 11 that created the Sentencing Accountability Commission. Section 2. This section establishes the Delaware Sentencing Accounting and Guidelines Commission. This Act places the Commission within the Criminal Justice Council to give the Commission the staff and support it needs to effect its purpose. The Commission has 11 voting members, many of whom are already represented on the current sentencing commission. There are also 6 non-voting ex-officio members which include all entities in the criminal justice system. The Commission must meet at least 6 times a year and 6 members constitute a quorum. The Commission shall hire an executive director and additional personnel that are necessary to fulfill the responsibilities of the Commission. During the first 2 years, the Commission must review the existing sentencing guidelines and statutory penalties for each criminal offense and promulgate new sentencing guidelines. The sentencing guidelines shall be the presumption in the sentencing of offenders. The guidelines will provide for a range of incarceration terms that are sufficiently narrow and proportionate to the crime. The guidelines shall also set forth a nonexclusive list of aggravating and mitigating factors. The guidelines will also provide bases for a departure from the presumptive sentence. The goal of the guidelines is to encourage judges to individualize sentencing decisions. By December 1, 2024, the Commission must submit to the General Assembly, the Governor, and the Chief Justice a report of its activities for the first 2 years. This report shall include sentencing guidelines which must first be submitted to the Chief Justice, and then to the General Assembly for final approval by joint resolution. Thereafter, beginning on January 1, 2026, and every 2 years thereafter, the Commission shall submit a biannual report including any revisions to the sentencing guidelines to the Governor, the Chief Justice, the Speaker of the House and President Pro Tempore. The revisions will take effect and have the force and effect of law as of July 1 following submission, unless the General Assembly shall by joint resolution reject the report in its entirety within 30 days following the commencement of its session. The Commission will also develop, in conjunction with the Department of Correction, a community corrections strategy which will consider the existing community corrections programs within the State, the number of offenders, the level or resources, and the effectiveness of community corrections. The Commission will also work with the Department of Correction to develop a correctional-population model to project the future impact on the criminal justice system including the courts and Department of Correction. The Commission’s continuing responsibilities include revising the sentencing guidelines as needed, preparing a yearly correctional-population projection, data collection that tracks criminal cases through the court system and, investigating the existence of possible inequities and the corrections systems across population groups, such as groups defined by race, gender ethnicity and geographic location. Every 5 years, the Commission shall perform an omnibus review of the sentencing system. Section 3. This section provides that until sentencing guidelines are in effect under this Act, the current sentencing guidelines will remain in effect. Section 4. This Act is known as the “James Johnson Sentencing Accountability Act”.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO SENTENCING.

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
HCR 57PassedGrayThis resolution recognizes the 50th anniversary of the Delaware Professional Engineers' Act and formation of the Delaware Association of Professional Engineers.RECOGNIZING THE 50TH ANNIVERSARY OF AUTHORIZATION OF THE DELAWARE PROFESSIONAL ENGINEERS' ACT AND FORMATION OF THE DELAWARE ASSOCIATION OF PROFESSIONAL ENGINEERS.
HB 355 w/ HA 1, HA 2 + SA 1PassedLonghurstThis Act is to fortify the Declaration of Purpose for the Fort DuPont Complex. This Act does the following: Changes the composition of the Board by adding the Director of the Prosperity Partnership, the co-chairs of the Capital Improvement Committee, a director appointed by the Speaker of the House, and a director appointed by the President Pro Tempore of the Senate; and by eliminating the Secretary of DHSS, the four directors appointed by the Mayor of Delaware City, and the three directors elected by the Board. Specifies that the Director of OMB or his/her designee will be the Board Treasurer. Requires the Board to elect a Vice-Chair from among its members who may carry out the duties of Chair if the Chair is unavailable. Prohibits the executive director or any employee of the Corporation any gift from the Corporation, the Board or any member of the Board valued in excess of $200.00 or from receiving housing as part of their compensation package. An employee may rent, lease, or purchase any property on the Fort DuPont Complex unless for fair market value and only through a standard rental or sale process. Requires a deputy executive director to be hired. Requires all hires to be approved by the Board. Requires the executive director to provide an annual written report of the activities of the Corporation to the Chair of the Board.AN ACT TO AMEND TITLE 7 OF DELAWARE CODE RELATING TO THE FORT DUPONT REDEVELOPMENT AND PRESERVATION CORPORATION.
HS 1 for HB 204PassedK. WilliamsThis Act removes the exemption for private schools and youth camps that allows them to use a name, rather than fingerprint, based background check or to choose not to do background checks at all for employees, contractors, or volunteers. The Act also provides that when the federal “rap back system” becomes available, the SBI may provide subsequent federal criminal history information for individuals who have had a background check performed. This Act also authorizes the Superintendent of State Police to promulgate regulations relating to re-use of a criminal background check. Authority is given to Department of Education to pay the costs of background checks for its employees. This bill also adds clarifications for when the Department of Education is the employer. This Act also corrects existing typos in § 309 of Title 31 and makes clarifying changes to the processing of background checks when the Department of Education is the employer.AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO BACKGROUND CHECKS AND SUBSEQUENT CRIMINAL HISTORIES FOR POTENTIAL OR CURRENT EMPLOYEES OF CHILD SERVING ENTITIES.
HB 371PassedOsienskiThis Act removes all penalties for possession of 1 ounce or less of marijuana, except for those who are under 21 years of age. Possession of more than 1 ounce of marijuana and public consumption remain unclassified misdemeanors. The Act also removes language referencing search and seizure authority. This Act also adds a provision to the Uniform Controlled Substances Act that provides that there will be no criminal or civil penalty for transfers of 1 ounce or less of marijuana between persons who are 21 years of age or older without remuneration. AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO MARIJUANA.
SB 273CommitteeGaySection 1. Section 1 of this Act amends Section 102(b)(7). The amendment to Section 102(b)(7) authorizes a provision in the certificate of incorporation to eliminate or limit monetary liability of certain corporate officers for breach of fiduciary duty, but it precludes such elimination or limitation with respect to claims brought by or in the right of the corporation, and for the same types of claims with respect to which exculpation of directors is not permissible. Section 2. Section 2 of this Act amends Section 103(b)(2) and 103(c)(5). The amendment to Section 103(b)(2) clarifies that the execution of an instrument by a person constitutes an oath or affirmation, under penalties of perjury, that the facts stated therein shall be true at the time such instrument becomes effective. The amendment to Section 103(c)(5) deletes provisions to the extent they do not reflect current practice. Sections 3, 4 and 5. Section 3, 4 and 5 of this Act amend Sections 152, 153, and 157 to make these sections consistent so that similar rules apply for the board of directors to delegate to a person or body the authority to enter into transactions to issue stock under Section 152, sell treasury shares under Section 153, and issue rights or options to acquire stock under Section 157. A board of directors may so delegate this authority by adopting a resolution fixing all of the following: (1) The maximum number of shares of stock, rights, or options that the delegate may issue or sell. (2) A time period during which the issuances or sales may occur. (3) Subject to Section 153, the minimum amount of consideration to be received for the issuances or sales. For the issuance of rights or options, the board resolutions must fix these delegation parameters for both the rights or options to be issued and the shares of stock issuable on exercise thereof. A person or body to whom authority has been delegated to issue stock, rights, or options may not issue or sell to themselves any stock, rights, or options. Amended Sections 152, 153 and 157 permit delegation to a person or body “in addition to the board of directors”, which means in addition to the board of directors and committees that are the equivalent of the board of directors by operation of Section 141(c). Accordingly, the delegation rules set forth in amended Sections 152(b), 153(c), and 157(c) do not apply to delegation by the board of directors to board committees, but a board committee may, if authorized by the board, sub-delegate the committee’s authority to issue or sell stock, rights, or options to a person or body by complying with those Sections. Amended Sections 152, 153 and 157 also clarify when a board resolution providing for the issuance or sale of stock, rights, or options may be made dependent on “facts ascertainable” outside the resolution. Consistent with the pre-amendment Sections 152, 153 and 157, the consideration paid for issuing stock, rights, and options may be set by reference to a formula provided in the board resolution, such as by reference to the trading price of stock on a specific date or an average of trading prices over a time period. In addition, if the board is authorizing the transaction to issue stock, for example, approving a transaction agreement that results in a stock issuance, the consideration received by the corporation and the other terms of the issuance may be made dependent on the provisions in the agreement and on determinations by a person or body, such as an expert who makes determinations that might result in an adjustment to the number of shares issued. However, if the board is delegating to a person or body the authority to enter into a transaction to issue stock, rights, or options, such as authorizing an officer to make stock or option grants to employees or to issue stock in an “at the market offering”, then the delegate cannot make the determinations regarding the three parameters in Sections 152(b) and 157(c). If the terms of a right or option are provided for in the certificate of incorporation, such terms may be made dependent on facts ascertainable outside the certificate in accordance with Section 102(d) instead of Section 157(d). Such “facts ascertainable” provisions included in the amendments to Section 157 replace the more limited form of delegation found in pre-amendment Section 157(c), which requires the board of directors to fix the terms of a right or option, but permits the board of directors to delegate to an officer the authority to determine the recipients of the rights or options and the number of rights or options to be issued to each recipient. A typical delegation under pre-amendment Section 157(c) would likely satisfy the delegation parameters of amended Section 157(c). Amended Section 157 also eliminates the requirement that the terms of a right or option be set forth or incorporated by reference in an instrument, to clarify that rights or options may be issued in book entry or electronic form. Section 6. Section 6 of this Act amends Section 219. The amendments to Section 219 eliminate the requirement to make a stocklist available for inspection during a meeting of stockholders. The amendments also clarify how the 10-day period is calculated for purposes of determining when the corporation must make the stocklist available for inspection by stockholders before the meeting date. Section 7. Section 7 of this Act amends Section 222. Section 222(a) is amended to clarify that a notice of a meeting of stockholders may be given in any manner permitted by Section 232. Section 222(c) is amended to clarify that a “virtual” meeting of stockholders held by means of remote communication may be adjourned in the event of a technical failure to convene or continue the meeting. In such event, notice of when the meeting will reconvene need not be given to stockholders if the electronic network for the meeting, such as the website that stockholders and proxy holders visit to join the meeting, displays the information required by Section 222(c) about when and how the meeting will reconvene or if such information regarding the adjourned meeting is provided for in the notice of meeting. Section 8. Section 8 of this Act amends Section 228(c). The amendment to Section 228(c) clarifies and confirms that a person executing a consent that becomes effective at a future time, including a time determined upon the happening of an event, need not be a stockholder or member at the time such consent is executed if the person is a stockholder or member of record as of the applicable record date for determining stockholders or members entitled to consent to the action. Section 9. Section 9 of this Act modifies Section 262 in several respects. The amendments insert a new Section 262(d)(3) that permits a beneficial owner of stock, as defined in amended Section 262(a), to demand appraisal directly, instead of requiring that the record holder of the stock make the demand on behalf of the beneficial owner. A beneficial owner must comply with the requirements of Section 262(d)(3) to demand appraisal, including its requirement that the beneficial owner who demanded appraisal directly, not the record owner, continuously maintains beneficial ownership of the shares. Conforming changes to the other subsections of Section 262 clarify how a beneficial owner may participate in the appraisal process and an appraisal proceeding. In connection with the amendments to Section 266 set forth in Section 11 of this Act, Section 262 is being amended to provide appraisal rights to stockholders in connection with a conversion of the corporation to a foreign corporation or to any other entity, unless appraisal rights are denied pursuant to the “market out” exception set forth in amended Section 262(b). Section 262(b) is being amended to eliminate appraisal rights in connection with a merger, consolidation or conversion of an entity that has domesticated as a Delaware corporation pursuant to Section 388, if the merger, consolidation or conversion is authorized in accordance with Section 388, as amended pursuant to Section 12 of this Act. The amendments also clarify how Section 262(b) operates in connection with a merger, consolidation or conversion adopted by stockholder consent in lieu of a meeting. Section 262(b) denies appraisal rights in certain instances for holders of classes or series of stock that are listed on a national securities exchange or held by more than 2,000 record holders. Amended Section 262(b) clarifies that appraisal rights are denied for such holders in connection with mergers, consolidations or conversions adopted by stockholder consent to the same extent that appraisal rights are denied to such holders if one those transactions is adopted at a stockholder meeting. Amended Section 262(d) provides that, in lieu of including in a notice of appraisal rights a copy of Section 262 (and a copy of Section 114, if 1 of the constituent corporations or the converting corporation is a nonstock corporation), a corporation may instead include in the notice information directing the persons entitled to appraisal to a publicly available electronic resource to access Section 262 (and Section 114, if applicable). An electronic resource would include the website maintained on behalf of the State of Delaware on which those statutes are posted. Amended Sections 262(j) and (k) clarify how the expenses of a stockholder or beneficial owner who participated in an appraisal proceeding may be charged pro rata against the value of all the shares entitled to an appraisal award, and that an unconditioned dismissal under amended Section 262(k) ends the Court of Chancery’s jurisdiction over a person that has demanded appraisal under Section 262. Unless the Court of Chancery orders otherwise, expenses awarded under Section 262(j) are not charged against a person who properly withdraws such person’s demand for appraisal or is dismissed from the proceedings under Section 262(k) without a reservation of jurisdiction. Amended Section 262(k) also clarifies that a stockholder or beneficial owner may withdraw a demand for appraisal with respect to less than all of the shares for which such person initially demanded appraisal. Section 10. Section 10 of this Act amends Section 265. The amendment to Section 265(h) provides that the approval of a conversion of other entities to a corporation in the manner provided for by the document, instrument, agreement or other writing, as the case may be, governing the internal affairs of the converting entity and the conduct of its business or by applicable law, as appropriate, and the approval of the certificate of incorporation by the same authorization required to approve the conversion, are required to occur prior to the time the certificate of conversion to corporation becomes effective. Section 11. Section 11 of this Act amends Section 266. The amendments to Section 266 change the requirement for stockholder approval of the conversion of a corporation to another entity, from all of the outstanding shares of stock of the corporation to a majority of the outstanding shares of stock entitled to vote on a conversion, and if the corporation is converting to a partnership with one or more general partners, such conversion also requires the approval of each stockholder who will become a general partner of such partnership. The amendments require that a certificate of conversion to be filed with the Secretary of State must contain the agreement of the converting corporation to be served with process in the State of Delaware for any action for enforcement of any obligation of the converted entity arising from the conversion as well as in appraisal proceedings pursuant to Section 262. The amendments also provide that, for any corporation incorporated prior to August 1, 2022, any provision contained in its certificate of incorporation or in a voting trust agreement or other written agreement between or among the corporation and one or more stockholders that restricts, conditions or prohibits consummation of a merger or consolidation is also deemed to apply to a conversion, unless the certificate of incorporation or such agreement expressly provides otherwise. Sections 12, 13 and 14. Section 12 of this Act deletes former Section 275(f) and adds new Section 275(f) and Section 275(g). Amended Section 275(f) applies to any corporation that has included in its certificate of incorporation a provision limiting the duration of its existence to a specified date in accordance with Section 102(b)(5) and adds a requirement that such corporation file a certificate of dissolution within 90 days before such specified date. Section 275(g) addresses the effective time of the dissolution of corporations. Section 13 of this Act makes similar amendments to Section 276 relating to a nonstock corporation that has included in its certificate of incorporation a provision limiting the duration of its existence to a specified date. Section 14 of this Act amends Section 312(b) by deleting unnecessary language. Section 15. Section 15 of this Act amends Section 388. The amendments to Section 388 permit a non-United States entity to adopt a plan of domestication setting forth the terms and conditions of the domestication, including the manner of exchanging or converting the equity interests of the non-United States entity to be domesticated and any other details or provisions deemed desirable. A plan of domestication also may set forth corporate action to be taken by the domesticated corporation in connection with the domestication, each of which must be approved in accordance with the requirements of all applicable non-United States law prior to effectiveness of the domestication. Once so approved, any such corporate action that is within the power of a Delaware corporation under this chapter set forth in the plan of domestication shall be deemed authorized, adopted and approved, as applicable, by the domesticated corporation and its board of directors, stockholders or members, as applicable, and will not require any further action of the board of directors, stockholders or members of the domesticated corporation under this title. The amendments provide that the terms of a plan of domestication may be made dependent upon facts ascertainable outside of such plan if the manner in which such facts operate upon the terms of the plan is clearly and expressly set forth in such plan. The amendments further provide that a certificate of domestication shall certify that, prior to the time the certificate of domestication becomes effective, the domestication shall be approved in accordance with the document, instrument, agreement or other writing, as the case may be, governing the internal affairs of the non-United States entity and the conduct of its business or by applicable non-United States law. Sections 16, 17, 18, 19 and 20. Section 16 of this Act amends Section 502(a)(3) to clarify that the principal place of business address included in the annual franchise tax report shall not be the address of the registered office in this State unless the corporation maintains its principal place of business in this State and serves as its own registered agent. Section 17 of this Act amends Section 503 to make changes regarding the large corporate filer status and the effectiveness of any re-designation thereof. Section 17 also amends Section 503(i) to delete language relating to generally accepted accounting principles because the relevant figures are those reported to the United States on the relevant tax forms as specified in Section 503(i). Sections 18, 19 and 20 of this Act delete various provisions to the extent they do not reflect current practice. Sections 21 and 23. Section 21 provides that the effective date of Sections 1 through 8, Section 10, Sections 12 through 14, and Sections 16 through 20 is August 1, 2022. Section 23 provides that Section 11 is effective only with respect corporations converting pursuant to resolutions of the board of directors approving such conversion that are adopted on or after August 1, 2022. Sections 22 and 24. Pursuant to Section 22, Section 9 shall be effective only with respect to mergers, consolidations or conversions adopted or entered into, as applicable, on or after August 1, 2022, as determined by the provisions of Section 22. Regarding domesticated corporations, Sections 22 and 24 provide that Sections 9 and 15, respectively, are effective only for such corporations with respect to which a plan of domestication is entered into on or after August 1, 2022, or, if no plan of domestication is entered into in connection with the domestication, any such corporations with respect to which the approvals required by Section 388(h), as amended by this Act, are obtained on or after August 1, 2022.AN ACT TO AMEND TITLE 8, TITLE 9, AND TITLE 29 OF THE DELAWARE CODE RELATING TO THE GENERAL CORPORATION LAW.
SB 275CommitteeGayThis bill continues the practice of amending periodically the Delaware Limited Liability Company Act (the “Act”) to keep it current and to maintain its national preeminence. The following is a section-by-section review of the proposed amendments of the Act. Section 1. This section amends Section 18-101(9) of the Act to confirm that any registered series or protected series of a limited liability company is bound by the limited liability company agreement of such limited liability company regardless of whether the series executed the limited liability company agreement. This amendment is not intended to imply that other references to “limited liability company” in the Act do not include protected series or registered series thereof (to the extent required by the context). This section also amends Section 18-101(9) of the Act to insert a new clause c. to confirm that a limited liability company agreement may include or incorporate multiple documents that may govern the business or affairs of the limited liability company or any of its series. Section 2. This section amends Section 18-109(b) of the Act to provide that when service of process is being effected on a manager or liquidating trustee of a limited liability company, the Prothonotary or the Register in Chancery of the court in which the civil action or proceeding is pending shall address the required copies and statements to the manager or liquidating trustee of the limited liability company at the principal place of business of the limited liability company (if such address is known) and to the manager’s or liquidating trustee’s address last known to the party desiring to make such service. Section 3. This section amends Section 18-113(b) to confirm that a signature on a certificate of limited liability company interest may be a manual, facsimile, or electronic signature. Section 4. This section amends Section 18-204(d) of the Act to clarify that the execution of a certificate by a person who is authorized by the Act to execute such certificate constitutes an oath or affirmation that, to the best of such person’s knowledge and belief, the facts stated therein shall be true at the time such certificate becomes effective, not at the time such certificate is executed. Section 5. This section amends Section 18-212(g) of the Act to provide that the approval of a limited liability company domestication in the manner provided for by the document, instrument, agreement or other writing, as the case may be, governing the internal affairs of the non-United States entity and the conduct of its business or by applicable non-Delaware law, as appropriate, and the approval of the limited liability company agreement by the same authorization required to approve the domestication, are required to occur prior to the time a certificate of limited liability company domestication becomes effective. Section 6. This section amends Section 18-214(h) of the Act to provide that the approval of a conversion to a limited liability company in the manner provided for by the document, instrument, agreement or other writing, as the case may be, governing the internal affairs of the other entity and the conduct of its business or by applicable law, as appropriate, and the approval of the limited liability company agreement by the same authorization required to approve the conversion, are required to occur prior to the time a certificate of conversion to limited liability company becomes effective. Section 7. This section amends Section 18-1108(b) of the Act to make conforming changes. Section 8. This section amends Section 18-1109 of the Act to (i) clarify the effect of the filing of a certificate of revival of limited liability company on any protected series of such limited liability company that are not, at the time of such filing, otherwise terminated and wound up and any registered series of such limited liability company whose certificates of registered series are not, at the time of such filing, otherwise cancelled, and (ii) make other conforming changes. Section 9. This section provides that the proposed amendments to the Act shall become effective August 1, 2022. 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
SB 274CommitteeGayThis 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 17-101(14) of the Act to confirm that any registered series or protected series of a limited partnership is bound by the partnership agreement of such limited partnership regardless of whether the series executed the partnership agreement. This amendment is not intended to imply that other references to “limited partnership” in the Act do not include protected series or registered series thereof (to the extent required by the context). This section also amends Section 17-101(14) of the Act to insert a new clause c. to confirm that a partnership agreement may include or incorporate multiple documents that may govern the business or affairs of the limited partnership or any of its series. Section 2. This section amends Section 17-113(b) to confirm that a signature on a certificate of partnership interest may be a manual, facsimile, or electronic signature. Section 3. This section amends Section 17-204(d) of the Act to clarify that the execution of a certificate by a person who is authorized by the Act to execute such certificate constitutes an oath or affirmation that, to the best of such person’s knowledge and belief, the facts stated therein shall be true at the time such certificate becomes effective, not at the time such certificate is executed. Section 4. This section amends Section 17-215(g) of the Act to provide that the approval of a limited partnership domestication in the manner provided for by the document, instrument, agreement or other writing, as the case may be, governing the internal affairs of the non-United States entity and the conduct of its business or by applicable non-Delaware law, as appropriate, and the approval of the partnership agreement by the same authorization required to approve the domestication, are required to occur prior to the time a certificate of limited partnership domestication becomes effective. Section 5. This section amends Section 17-217(h) of the Act to provide that the approval of a conversion to a limited partnership in the manner provided for by the document, instrument, agreement or other writing, as the case may be, governing the internal affairs of the other entity and the conduct of its business or by applicable law, as appropriate, and the approval of the partnership agreement by the same authorization required to approve the conversion, are required to occur prior to the time a certificate of conversion to limited partnership becomes effective. Section 6. This section amends Section 17-1110(b) of the Act to make conforming changes. Section 7. This section amends Section 17-1111 of the Act to (i) clarify the effect of the filing of a certificate of revival of limited partnership on any protected series of such limited partnership that are not, at the time of such filing, otherwise terminated and wound up and any registered series of such limited partnership whose certificates of registered series are not, at the time of such filing, otherwise cancelled, and (ii) make other conforming changes. Section 8. This section provides that the proposed amendments to the Act shall become effective August 1, 2022.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 276CommitteeGayThis 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 15-101(14) of the Act. to confirm that a partnership agreement may include or incorporate multiple documents that may govern the business or affairs of the partnership. Section 2. This section amends Section 15-105(c) of the Act to clarify that the execution of a statement or certificate by a person who is authorized by the Act to execute such statement or certificate constitutes an oath or affirmation that, to the best of such person’s knowledge and belief, the facts stated therein shall be true at the time such statement or certificate becomes effective, not at the time such statement or certificate is executed. Section 3. This section amends Section 15-124(b) to confirm that a signature on a certificate of partnership interest may be a manual, facsimile, or electronic signature. Section 4. This section amends Section 15-901(h) of the Act to provide that the approval of a conversion to a partnership in the manner provided for by the document, instrument, agreement or other writing, as the case may be, governing the internal affairs of the other entity and the conduct of its business or by applicable law, as appropriate, and the approval of the partnership agreement by the same authorization required to approve the conversion, are required to occur prior to the time a certificate of conversion to partnership becomes effective. Section 5. This section amends Section 15-904(g) of the Act to provide that the approval of a partnership domestication in the manner provided for by the document, instrument, agreement or other writing, as the case may be, governing the internal affairs of the non-United States entity and the conduct of its business or by applicable non-Delaware law, as appropriate, and the approval of the partnership agreement by the same authorization required to approve the domestication, are required to occur prior to the time a certificate of partnership domestication becomes effective Section 6. This section provides that the proposed amendments to the Act shall become effective August 1, 2022. AN ACT TO AMEND CHAPTER 15, 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 277CommitteeS. McBrideThis Act increases opportunities for federally qualified health centers (“FQHC”) and government-operated dental clinics to serve the indigent and other underserved communities with dental care and improves flexibility with updated provisional licensing processes for FQHC and government-operated dental clinic applicants. This Act assists FQHCs and government-operated dental clinics in recruiting dentists to serve those most in need. This Act adds FQHCs to the Delaware Institute for Dental Education and Research Board. This Act creates the Dental Care Access Task Force (“Task Force”) to examine and recommend a course of action to address all of the following: (1) Dental care access, including for underserved populations and communities. (2) Dental licensure practices and requirements. (3) Dental provider type and scope of practice. (4) Dental provider recruitment and retention strategies. (5) Dental insurance networks and coverage, including for the uninsured and underinsured. The Task Force must submit its report no later than February 1, 2023. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.AN ACT TO AMEND TITLE 16 AND TITLE 24 OF THE DELAWARE CODE RELATING TO DENTISTRY AND DENTAL HYGIENE.
HCR 79PassedMinor-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.
SA 1 to HB 355PassedPooreThis Amendment removes the prohibition of the payment of administrative costs by an appropriation of the General Assembly. 

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
HB 193 w/ HA 3CommitteeD. ShortThis bill seeks to provide the State Fire Commission with the authority to hear and resolve disputes filed by members of the public or fire companies with respect to firefighting activities by individual firefighters and fire companies. The Commission may utilize existing regulations to hear such disputes or many promulgate additional regulations consistent and in furtherance of this subsection. This bill also authorizes the Commission and its staff to investigate fires where firefighters are injured and to issue investigative reports detailing findings and conclusions. Finally, the bill provides immunity to the Commission and its staff for activity authorized by this section. AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE JURISDICTION OF THE DELAWARE STATE FIRE PREVENTION COMMISSION.
SB 224PassedPettyjohnThis Act raises the threshold limit requiring a building and loan association to obtain federal deposit insurance from $10,000,000 to $15,000,000. This threshold limit was last increased in 2019. The State Bank Commissioner does not oppose this change. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. AN ACT TO AMEND TITLE 5 OF THE DELAWARE CODE RELATING TO BUILDING AND LOAN ASSOCIATION INSURANCE REGULATION.
SB 236 w/ SA 1PassedLopezThis Act does the following: (1) Changes the name of the State Human Relations Commission to the Delaware Human and Civil Rights Commission (“Commission”), as it appears in the Delaware Code. (2) Changes the name of the Division of Human Relations to the Division of Human and Civil Rights (“Division”), as it appears in the Delaware Code. This name change makes clearer the role of the Commission and Division in ensuring human rights and civil rights and helps differentiate the Commission and Division from the work of the Department of Human Resources and the City of Dover’s Human Relations Commission. AN ACT TO AMEND THE DELAWARE CODE RELATING TO RENAMING THE STATE HUMAN RELATIONS COMMISSION AND THE DIVISION OF HUMAN RELATIONS.
HB 350CommitteeSpiegelmanThis bill creates a special license plate for Suicide Prevention, Awareness, and Support in honor of Jason Staley.AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO SPECIAL LICENSE PLATES.
SS 1 for SB 4 w/ HA 1, HA 2PassedSturgeonLike Senate Bill No. 4, Senate Substitute No. 1 for Senate Bill No. 4 requires the Department of Education (Department) to maintain and publish a list of evidence-based, reading instruction curricula for grades kindergarten through 3. Each curriculum on this list must align with the essential components of literacy, known as the “science of reading” and use high-quality instructional materials. School districts and charter schools must provide an annual report to the Department regarding the implementation of these requirements and the Department must produce an annual report summarizing this information. The information required in the Department’s report may be consolidated into a single report with the requirements under § 158 of Title 14, if House Bill No. 304 is also enacted this year. Like Senate Bill No. 4, Senate Substitute No. 1 for Senate Bill No. 4 also requires that by the beginning of the 2027-2028 school year, school districts and charter schools serving students in grades kindergarten through 3 do all of the following: 1. Adopt a reading instruction curriculum from the Department list. 2. Demonstrate that all educators who teach reading successfully complete professional development aligned with the essential components of evidence-based reading instruction. 3. Identify a school-based supervisory position responsible for assisting with the implementation of the adopted curriculum. Senate Substitute No. 1 for Senate Bill No. 4 differs from Senate Bill No. 4 by doing all of the following: 1. Requires the Department to maintain, on its website, the criteria and rubric used to identify high-quality curriculum. 2. Allows school districts and charter schools to apply to have alternative curriculum that meet these criteria approved. 3. Clarifies the requirements. 4. Adds to the list of positions that are responsible for reading instruction and coaching. 5. Makes technical corrections.AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EVIDENCE-BASED READING CURRICULA.
HB 385CommitteeBoldenThis Act allows any municipality with a population of 50,000 or more to establish by ordinance rules for the location of liquor stores that are more restrictive than state law, and requires the Alcohol Commissioner to refuse a license for any new establishment that does not comply with those rules.AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO LICENSES FOR SALE OF ALCOHOLIC BEVERAGES.
HA 1 to SS 1 for SB 4PassedK. WilliamsThis Amendment provides broad flexibility regarding how school districts and charter schools fulfill the requirement to identify an individual who is responsible for assisting with the implementation of the curricula adopted under this Act. Instead of a school-based supervisory position, the person responsible for providing this assistance can be a school-based or district-level position, and the individual in this position can be a teacher, administrator, or consultant. 
HA 2 to SS 1 for SB 4PassedMatthewsThis Amendment adds whereas clauses that clarify that consistent with the local control over curriculum exercised by school districts and charter schools, the Department of Education's list of approved reading curricula serves as a resource for school districts and charter schools researching curricula that align with the essential components of reading. These whereas clauses further clarify that when the Department of Education reviews curricula submitted by school districts and charter schools for approval, it will be with the understanding that a curriculum can align with the essential components of reading without containing every component, if used in combination with other resources to meet the remaining components. 
HA 1 to HB 304PassedK. WilliamsThis amendment does the following: Specifies that educators must be given time during the contractual day to complete duties associated with the universal reading screener, including professional learning. Requires inclusion of curriculum and special education supervisors, as well as elementary school teachers and elementary special education teachers, from districts and charters in the development of the lists of aligned screeners and interventions. Removes the separate reporting requirement for dyslexia specific interventions. 
SCR 104PassedPooreThis Senate Concurrent Resolution recognizes May 12, 2022, as Delaware Local Government Day in the State of Delaware.RECOGNIZING MAY 12, 2022, AS DELAWARE LOCAL GOVERNMENT DAY IN THE STATE OF DELAWARE.
HA 3 to HB 193PassedD. ShortThis amendment corrects paragraph numbers and provides the State Fire Prevention Commission with the authority to hear and resolve disputes filed by members of the public or fire companies with respect to firefighting activities by individual firefighters and fire companies. The amendment also authorizes the Commission and its staff to investigate fires where firefighters are injured and to issue investigative reports detailing findings and conclusions. The Commission will work with a committee of the Delaware Volunteer Firefighters Association to amend Regulation 709 with respect to listed items in this legislation. Finally, the amendment removes the immunity clause from the bill. 
SCR 105PassedParadeeThis Resolution expresses the General Assembly's strong support for the Delaware State University Women’s Lacrosse Team, and condemns the actions of the Liberty County Sheriff’s Office in Hinesville, Georgia against the Women’s Lacrosse Team. The Resolution further urges the Governor and General Assembly of Georgia to condemn the actions of the Liberty County Sheriff’s Office, and to take measures to hold those responsible accountable, including providing training and instituting a policy against profiling based on race, ethnicity, religion, or gender.PROUDLY STANDING WITH THE DELAWARE STATE UNIVERSITY WOMEN’S LACROSSE TEAM AND CONDEMNING THE ACTIONS OF THE LIBERTY COUNTY SHERIFF’S OFFICE IN HINESVILLE, GEORGIA.

Senate Committee Assignments

Committee
Banking, Business & Insurance
Corrections & Public Safety
Education
Executive
Legislative Oversight & Sunset
Transportation

House Committee Assignments

Committee
Administration
Appropriations
Economic Development/Banking/Insurance & Commerce
Judiciary

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

NomineeStatusCommission/BoardReappointment
Baird, DavidConfirmedWater Infrastructure Advisory CouncilNew
Heckscher, ChristopherConfirmedDelaware Natural Areas Advisory CouncilReappointment
Horsey, Michael ConfirmedEnvironmental Appeals BoardReappointment
Mulrooney, RobertConfirmedEnvironmental Appeals BoardReappointment