Daily Report for 2/17/2025

Governor's Actions

BillCurrent StatusSponsorSynopsisTitle
SJR 1SignedHansenSenate Joint Resolution No. 3 was passed by the 152nd General Assembly and signed by the Governor. SJR No. 3 directed all electric utilities in Delaware that offer net metering to solar customers to participate in a cost-benefit study and analysis of net metering in Delaware being undertaken by the Delaware Sustainable Energy Utility to address issues such as cost burdens and cost shifting to non-solar customers. The DESEU was to issue a report by December 31, 2024. However, due to the scope and complexity of the net metering study, the DESEU requires additional time to issue the report. This resolution reinstates the requirements of SJR No. 3 and extends the DESEU's reporting deadline to complete the cost-benefit study and analysis and finalize and issue a report to April 30, 2025.DIRECTING ALL ELECTRIC UTILITIES IN DELAWARE THAT OFFER NET METERING TO SOLAR CUSTOMERS TO CONTINUE TO PARTICIPATE IN A COST-BENEFIT STUDY AND ANALYSIS OF NET METERING, INCLUDING COST BURDENS AND COST SHIFTING, UNDERTAKEN BY THE DELAWARE SUSTAINABLE ENERGY UTILITY, AND EXTENDING THE REPORTING DATE.
SB 50SignedWalshThis Act amends the Fiscal Year 2025 Bond and Capital Improvements Act to (1) authorize local bond shares to adjust for William Penn High School in the Colonial School District. Further, this Act amends Fiscal Year 2025 Bond and Capital Improvements Act to (2) authorize the Director of the Office of Management and Budget, with concurrence of the Controller General and the Co-Chairs of the Joint Committee on Capital, to transfer any necessary spending authority from the Cultural Access Fund; (3) revise allocations to the City of Dover and Downtown Dover Partnership; (4) revise the allocation for the University of Delaware for Deferred Maintenance from Laboratories to Campus Improvements; (5) revise the State and Local share allocations for the Smyrna Roof Replacement project and authorizes School Construction Market Pressure to be transferrable between Fiscal Years 2023 and 2024 to achieve allocations; (6) adjust School Safety and Security funding from the Department of Safety and Homeland Security, Delaware State Police, Special Investigation to reflect State Bureau of Identification; (7) removes the requirement of school districts and charter schools to obligate prior fiscal year MCI funds prior to utilizing Enhanced MCI; (8) authorize the transfer of any remaining funds from Legislative Hall major and minor capital improvement appropriations to be used for the Legislative Hall Garage/Expansion project; (9) authorize the transfer of any remaining funds from the Domestic Violence Coordinating Feasibility Study to the Criminal Justice Council for Family Justice Center startup costs; (10) authorizes the transfer of funds allocated for the Scannell Readiness Center and up to $500,000 of available Minor Capital Improvements to cover the project for the Bethany Beach Training Barracks; (11) authorizes funds from Capital School District’s Certificate of Necessity (CN 2113A) to be used to support new facilities for the Kent County Community School and Kent County Secondary ILC; (12) authorize the Department of Transportation to use Community Transportation Funds for one-time reimbursements for various projects; (13) reprograms funding from the Community Redevelopment/Reinvestment Fund from Downtown Milford, Inc. to the Delaware State Fair, the Milford District Fee Public Library Commission, and Kent Sussex Industries; (14) authorize the Director of the Office of Management and Budget to perform an adaptive reuse study for the Delaware State Police Troop 7; and (15) remove the deadline date requiring Sussex County Council to adopt § 6961, Title 9 of the Delaware Code.AN ACT TO AMEND THE LAWS OF DELAWARE RELATING TO THE BOND AND CAPITAL IMPROVEMENTS ACT OF THE STATE OF DELAWARE AND CERTAIN OF THEIR AUTHORITIES FOR THE FISCAL YEAR ENDING JUNE 30, 2025.

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
SB 21CommitteeTownsendSection 1 of this Act amends § 144 of Title 8 to provide safe harbor procedures for acts or transactions in which one or more directors or officers as well as controlling stockholders and members of control groups have interests or relationships that might render them interested or not independent with respect to the act or transaction. Under revised § 144(a), certain acts or transactions involving such directors or officers will be protected if approved or ratified by a majority of the disinterested directors or by a majority of the votes cast by the disinterested stockholders entitled to vote thereon, in each case upon disclosure or in full knowledge of the material facts giving rise to the conflict or potential conflict. In addition, the amendments define what parties constitute a controlling stockholder or control group and provide safe harbor procedures that can be followed to insulate from challenge specified acts or transactions from which a controlling stockholder or control group receives a unique benefit. Under new § 144(b), a controlling stockholder transaction that does not constitute a “going private transaction” may be entitled to the statutory safe harbor protection if it is approved or recommended, as applicable, by a committee consisting of a majority of disinterested directors or approved or ratified by a majority of the votes cast by the disinterested stockholders. Under new § 144(c), a controlling stockholder transaction that constitutes a “going private transaction” may be entitled to the statutory safe harbor protection if it is negotiated and approved or recommended, as applicable, by a committee consisting of a majority of disinterested directors and approved or ratified by a vote of a majority of the votes cast by the disinterested stockholders entitled to vote thereon. The amendments to § 144 also set forth criteria for determining the independence and disinterestedness of directors and stockholders. The amendments provide that controlling stockholders and control groups, in their capacity as such, cannot be liable for monetary damages for breach of the duty of care. The amendments do not displace any safe harbor procedures or other protections available at common law. Section 2 of this Act amends § 220 of Title 8 to define the materials that a stockholder may demand to inspect pursuant to a request for books and records of the corporation. The amendments also set forth certain conditions that a stockholder must satisfy in order to make an inspection of books and records. The amendments make clear that information from books and records obtained by a stockholder from a production under § 220 will be deemed to be incorporated by reference into any complaint filed by or at the direction of a stockholder on the basis of information obtained through a demand for books and records. New § 220(b)(4) preserves whatever independent rights of inspection exist under the referenced sources and does not create any rights, either expressly or by implication. New § 220(f) provides that if the corporation does not have specified books and records, including minutes of board and committee meetings, actions of board or any committee, financial statements and director and officer independence questionnaires, the Court of Chancery may order the production of additional corporate records necessary and essential for the stockholder’s proper purpose. 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 the general corporation law.AN ACT TO AMEND TITLE 8 OF THE DELAWARE CODE RELATING TO THE GENERAL CORPORATION LAW.
SCR 17LOTTownsendThis Concurrent Resolution requests the Council of the Corporation Law Section of the Delaware State Bar Association prepare a report of recommendations for legislative action regarding awards of attorney’s fees in certain corporate litigation cases. REQUESTING THE COUNCIL OF THE CORPORATION LAW SECTION OF THE DELAWARE STATE BAR ASSOCIATION PREPARE A REPORT OF RECOMMENDATIONS FOR LEGISLATIVE ACTION REGARDING AWARDS OF ATTORNEY’S FEES IN CERTAIN CORPORATE LITIGATION CASES.

Legislation Passed By Senate

No Legislation Passed By Senate

Legislation Passed By House of Representatives

No Legislation Passed By House

Senate Committee Assignments

Committee
Judiciary

House Committee Assignments

No House Committee Assignments

Senate Committee Report

No Senate Committee Report

House Committee Report

No House Committee Report

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

No House Defeated Legislation

Nominations Enacted upon by the Senate

No Records