Daily Report for 5/6/2025

Governor's Actions

No legislation is Signed by Governor Today

New Legislation Introduced

BillCurrent StatusSponsorSynopsisTitle
HR 12Passed HouseBushThis House Resolution recognizes Sunday, May 11, 2025, as a very special day for all mothers in the State of Delaware and calls on all Delawareans to reflect on the many selfless acts of their own mothers.RESPECTING AND HONORING ALL DELAWARE MOTHERS ON MAY 11, 2025, MOTHER'S DAY.
HB 137CommitteeRoss LevinThis Act clarifies that the Merit Employee Relations Board does not have jurisdiction to interpret or apply the Fair Labor Standards Act. Instead, disputes concerning the Secretary of the Department of Human Resources’ interpretation of this federal law as applied to state personnel must be determined as outlined in Title 29 of the United States Code. 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 MERIT EMPLOYEE RELATIONS BOARD AND THE ADMINISTRATION OF THE MERIT SYSTEM.
HB 136CommitteeRoss LevinA placard must be prominently displayed at any entrance of a massage and bodywork establishment that has failed to obtain a valid license or has a license that is suspended, revoked, or expired. This Act provides that no placard can be removed unless the removal of the placard is approved by the Division of Professional Regulation. This Act makes the unlawful removal of the placard a class A misdemeanor, punishable by up to 1 year in jail and up to a $2300 fine. Technical corrections are also made to existing statutory language to conform with the requirements of the Legislative Drafting Manual.AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO MASSAGE AND BODYWORK.
HA 1 to HS 1 for HB 1PWBCarsonThis amendment to House Substitute No. 1 to House Bill No. 1 makes several technical corrections. It also adds the Controller General or the Controller General’s designee to the list of individuals that must be consulted in development of the Transition Report and explicitly requires the Transition Report to include cost projections for the transition. The enactment clause is changed so that the Act takes effect upon enactment with 180 days for implementation. Finally, the time when the Transition Report must be presented to the General Assembly is shortened from 1 year in advance of the transition to 6 months in advance of the transition. 
HB 134CommitteeSpiegelmanThis Bill updates Title 11 of the Delaware Code relating to animal cruelty. After 2 misdemeanor violations of this section, currently class A misdemeanors, all further violations are to be upgraded to class F felonies. Also, after the first felony violation of the statute, currently a class F felony, which involves intentionally killing or causing serious injury to any animal in violation of the statute, all further violations are to be upgraded to class E felonies. Also, any person convicted of a felony violation a second time shall be prohibited from owning or possessing any animal for the remainder of their life without exception.AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO ANIMAL CRUELTY.
SB 125CommitteePooreThis Act updates the Board of Dietetics/Nutrition enabling act, requiring applicants to obtain a minimum of a master’s degree to obtain a license. This change would make Delaware consistent with the Commission on Dietetic Registration (CDR), the credentialing agency of the American Dietetic Association. Beginning on January 1, 2024, CDR required a minimum of a master’s degree in order to become registered. Under the current law, holders of a CDR registration are considered to automatically meet the qualifications for licensure in Delaware, and applicants who are certified by the Board for Certification of Nutrition Specialists must also acquire a minimum of a master’s degree. This Act ensures Delaware is consistent with the current national standards for licensure and registration as a Dietitian or Nutritionist. Finally, the Act eliminates an outdated application provision. 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 PROFESSIONS AND OCCUPATIONS.
HB 138CommitteeCarsonThis Act requires the Department of Transportation to install and operate a traffic light signal violation monitoring system at an intersection within 60 days of a request for it by a member of the General Assembly. AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO INSTALLATION OF TRAFFIC LIGHT SIGNAL VIOLATION MONITORING SYSTEMS.
HB 139CommitteeBushThis Act eliminates a requirement for the Insurance Commissioner to hold a hearing for every Line-of-Duty Death claim, and instead mandates they occur only if the claim is contested. These hearings can be emotional burdens for families and covered persons, can delay the adjudication of the claim, and are costly for the Department of Insurance to conduct. This Act also makes technical corrections to conform existing law to the standards of the Delaware Drafting Manual.AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO LINE-OF-DUTY HEARINGS.
SS 1 for SB 101Out of CommitteePooreThis Act is a substitute for Senate Bill No. 101. It makes no substantive changes to Senate Bill No. 101 other than substituting the synopsis language from the prior bill for the new synopsis, as follows: This Act resolves a conflict between the Uniform Controlled Substances Act which requires an in-person examination to prescribe controlled substances for treatment of Opioid Use Disorder (OUD) and Delaware's telehealth regulations, the Telehealth Access Act which does not require an in-person examination. This bill connects and clarifies the two regulations by modifying the "patient-practitioner relationship" definition in Chapter 47, Title 16, the Uniform Controlled Substances Act, to include a practitioner treating OUD via telemedicine with Schedule III through V medication. The guardrails included in this short addition include: limiting the medication to only Schedule III through V, which has been approved by the FDA for the treatment of OUD and citing to the thorough requirements for establishing a provider-patient relationship under Section 6003 of Title 24, the 2021 Telehealth Access Act, which addresses requirements such as standard of care, medical record keeping, consent, and medical board oversight.AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DEFINITION OF THE PATIENT-PRACTITIONER RELATIONSHIP.
SCR 65LOTBucksonThis Senate Concurrent Resolution requests that the State of Delaware, the City of Dover, and Kent County Levy Court coordinate with the City of Wilmington to relocate the Caesar Rodney Equestrian Statue to The Green in Dover, the John Dickinson Plantation, or another suitable location before the Semiquincentennial Celebration.REQUESTING THE STATE OF DELAWARE, THE CITY OF DOVER, AND KENT COUNTY LEVY COURT COORDINATE WITH THE CITY OF WILMINGTON TO RELOCATE THE CAESAR RODNEY EQUESTRIAN STATUE TO THE GREEN IN DOVER, THE JOHN DICKINSON PLANTATION, OR ANOTHER SUITABLE LOCATION BEFORE THE SEMIQUINCENTENNIAL CELEBRATION.
SB 126CommitteeBucksonThis Act will allow voters in primary and general elections to vote at any polling place in their county of residence. The Act’s goal in doing so is to increase access to voting by giving voters the ability to vote at the polling place in their county that is most convenient to them. This Act also gives the State Election Commissioner the authority to consolidate polling places into centrally located centers for voting, as long as each election district retains at least one polling place and the consolidation of polling places does not result in an undue burden on voters’ access to polling places. AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO VOTING LOCATION.
SB 15CommitteeSokolaThe governance of this State relies on the qualifications and performance of the members of the Governor’s cabinet. The General Assembly finds that the confirmation process is an important step to ensure the qualifications and performance of the Governor’s cabinet. This Act is the second leg of a constitutional amendment to require each holdover member of the Governor’s cabinet to be reconfirmed by the Senate at the beginning of each term of the Governor. The first leg of this constitutional amendment was Senate Bill No. 15 of the 152nd General Assembly, published in Chapter 278 of Volume 84 of the Laws of Delaware. On passage of this second leg by this General Assembly this amendment will become part of the Delaware Constitution. This Act defines members of the Governor’s cabinet as the principal officer of an executive department made subject to § 10 of Article III of the Delaware Constitution by an Act of the General Assembly. Senate Bill No. 16 of the 152nd General Assembly, which was enacted on September 30, 2024, and takes effect on the enactment of this Act, implements this Act by making the principal officer of the following executive departments subject to this constitutional requirement: (1) The Department of Education. (2) The Department of Military Affairs / Delaware National Guard. (3) The Office of Management and Budget. (4) The Department of Health and Social Services. (5) The Department of Natural Resources and Environmental Control. (6) The Department of Agriculture. (7) The Department of Safety and Homeland Security. (8) The Department of Finance. (9) The Department of Transportation. (10) The Department of Labor. (11) The Delaware State Housing Authority. (12) The Department of State. (13) The Department of Correction. (14) The Department of Services for Children, Youth and Their Families. (15) The Department of Technology and Information. (16) The Department of Human Resources. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly when the General Assembly amends the Delaware Constitution.AN ACT CONCURRING IN A PROPOSED AMENDMENT TO ARTICLE III OF THE DELAWARE CONSTITUTION RELATING TO MEMBERS OF THE GOVERNOR'S CABINET.
SB 127CommitteePooreThis Act amends the New Castle City Charter to provide that the New Castle City Council may impose and collect a tax of no more than 5% on the gross rents within city boundaries. The tax may not apply to rental properties that are directly subsidized by federal, state, or City of New Castle rental assistance funding.AN ACT TO AMEND THE CHARTER OF THE CITY OF NEW CASTLE RELATING TO RENTS.
SB 128CommitteePinkneyThis Act requires the Department of Health and Social Services to submit a Medicaid State Plan Amendment to the Centers for Medicare & Medicaid Services to be allowed to provide comprehensive dental benefits to Medicaid-eligible adults. AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO DENTAL CARE FOR ADULT MEDICAID RECIPIENTS.

Legislation Passed By Senate

BillCurrent StatusSponsorSynopsisTitle
SB 39CommitteeHockerThis Act amends the Charter of the Town of Selbyville (Selbyville) by doing all of the following: 1. Divides Selbyville into 4 election districts. The 4 election districts must be nearly equal in population based on the most recent federal decennial census. 2. Changes the composition of the Town Council so that the 4 members are comprised of 1 member from each district. Each member must be nominated and elected by the registered voters of the district in which the member resides. 3. Requires that a candidate for Mayor or the Town Council be a resident of Selbyville for at least 2 years. 4. Makes corresponding revisions to the staggered terms served by members of the Town Council. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a charter issued to a municipal corporation.AN ACT TO AMEND THE CHARTER OF THE TOWN OF SELBYVILLE RELATING TO ELECTIONS.
HB 18SignedK. WilliamsSection 1 of this Act allows the Department of Insurance to retain a portion of the licensing fees for insurance professionals in the Regulatory Revolving Fund. Section 1 of this bill also increases the maximum unencumbered balance that the Commissioner shall maintain in the Insurance Commissioner Regulatory Revolving Fund to $5,000,000. The previous balance was set by the General Assembly in 2005. Finally, Section 1 of this Act requires that any unencumbered balance in the Regulatory Revolving Fund in excess of $5,000,000 at the end of each fiscal year be transferred to the General Fund. Section 2 of this Act increases the licensing fees for insurance professionals by $25 and makes certain technical corrections. Sections 3 and 4 of this Act centralize licensing fees within one statutory provision (§ 701). These changes are necessary to reflect the growth of the Department operating budget and to cover further operating expenses realized as a result of additional statutory duties executed by the Insurance Department. The retention of these funds will ensure that the Department continues providing high-level services to the consumers of Delaware, maintains necessary staffing to satisfy NAIC accreditation standards, and avoids federal preemption. AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO LICENSING FEES AND DEPARTMENT OF INSURANCE FUNDING.
HCR 33PassedSpiegelmanThis resolution commemorates the 75th anniversary of the Sportfish Restoration Program as part of the American System of Conservation Funding.A RESOLUTION COMMEMORATING THE 75TH ANNIVERSARY OF THE SPORTFISH RESTORATION PROGRAM AS PART OF THE AMERICAN SYSTEM OF CONSERVATION FUNDING.
SB 98CommitteeBrownThis Act continues the practice of amending periodically the Delaware Limited Liability Company Act (“LLC Act”) to keep it current and to maintain its national preeminence. The following is a section-by-section review of proposed amendments to the LLC Act. Section 1 amends § 18-104(e) of the LLC Act, which addresses certain duties of a registered agent of a limited liability company. Amended § 18-104(e) specifies that a registered agent may not perform its duties or functions solely through the use of a virtual office, the retention by the agent of a mail forwarding service, or both. Amended § 18-104(e) defines “virtual office” as the performance of duties or functions solely through the internet or solely through other means of remote communication. Section 2 amends § 18-106(e) of the LLC Act to provide that § 18-106(e) applies to ratification or waiver of a void or voidable act or transaction by any member, manager, or other person in respect of a limited liability company, in addition to acts or transactions by a limited liability company. This Section also amends § 18-106(e) to provide that ratification or waiver pursuant to § 18-106(e) may be express or implied, including by the statements, action, inaction, or acquiescence of or by the members, managers, or other persons. Further, this Section amends § 18-106(e) to clarify that in a circumstance in which § 18-106(e) requires notice of the ratification or waiver to be given, the giving of the notice is not a condition to the effectiveness of the ratification or waiver. The amendments to § 18-106(e) in this Section are intended to provide rules different from the rules applied in existing case law that § 18-106(e) is limited to ratification or waiver of a limited liability company’s own acts and transactions and that § 18-106(e) does not apply to ratification or waiver by conduct. Section 3 amends § 18-203(b) of the LLC Act to confirm that, in addition to correcting a certificate of cancellation, a certificate of correction may nullify a certificate of cancellation. Section 4 amends § 18-209(c) of the LLC Act to provide that a certificate of formation must be attached to a certificate of consolidation for a consolidation in which the resulting entity from such consolidation is a domestic limited liability company. Section 5 amends § 18-211(a) of the LLC Act, which provides for the correction of certificates filed with the Secretary of State. The amendment confirms that, in addition to correcting a previously filed certificate, a certificate of correction may nullify a previously filed certificate by specifying the inaccuracy or defect with respect to such previously filed certificate and providing that the previously filed certificate is nullified. Such a provision is sufficient if it states that the previously filed certificate is nullified or void or uses words of similar meaning. Section 6 amends § 18-302 of the LLC Act to confirm that a limited liability company agreement may be amended in connection with a division of a limited liability company and a merger of registered series of a limited liability company, as is specifically contemplated by §§ 18-217(f) and 18-221(e) of the LLC Act, respectively. Section 7 amends § 18-1107(c) of the LLC Act to confirm that when the existence of a domestic limited liability company or registered series, or the registration of a foreign limited liability company, will cease by the filing of a certificate under the LLC Act, the full amount of the annual tax for the calendar year in which such certificate becomes effective is due and payable before the filing of such certificate. Section 8 provides that the amendments to the LLC Act take effect on August 1, 2025. AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO THE DELAWARE LIMITED LIABILITY COMPANY ACT.
SB 96CommitteeBrownThis Act continues the practice of amending periodically the Delaware Revised Uniform Partnership Act (“GP Act”) to keep it current and to maintain its national preeminence. The following is a section-by-section review of proposed amendments to the GP Act. Section 1 amends § 15-111(e) of the GP Act, which addresses certain duties of a registered agent of a partnership. Amended § 15-111(e) specifies that a registered agent may not perform its duties or functions solely through the use of a virtual office, the retention by the agent of a mail forwarding service, or both. Amended § 15-111(e) defines “virtual office” as the performance of duties or functions solely through the internet or solely through other means of remote communication. Section 2 amends § 15-118(a) of the GP Act, which provides for the correction of statements and certificates filed with the Secretary of State. The amendment confirms that, in addition to correcting a previously filed statement or certificate, a statement or certificate of correction may nullify a previously filed statement or certificate by specifying the inaccuracy or defect with respect to such previously filed statement or certificate and providing that the previously filed statement or certificate is nullified. Such a provision is sufficient if it states that the previously filed statement or certificate is nullified or void or uses words of similar meaning. Section 3 amends § 15-202(g) of the GP Act to provide that § 15-202(g) applies to ratification or waiver of a void or voidable act or transaction by any partner or other person in respect of a partnership, in addition to acts or transactions by a partnership. This Section also amends § 15-202(g) to provide that ratification or waiver pursuant to § 15-202(g) may be express or implied, including by the statements, action, inaction, or acquiescence of or by partners or other persons. Further, this Section amends § 15-202(g) to clarify that in a circumstance in which § 15-202(g) requires notice of the ratification or waiver to be given, the giving of the notice is not a condition to the effectiveness of the ratification or waiver. The amendments to § 15-202(g) in this Section are intended to provide rules different from the rules applied in existing case law that § 18-106(e) of the Delaware Limited Liability Company Act, which is the same in all material respects as § 15-202(g), is limited to ratification or waiver of a limited liability company’s own acts and transactions and that § 18-106(e) of the Delaware Limited Liability Company Act does not apply to ratification or waiver by conduct. Section 4 amends § 15-902(c) of the GP Act to provide that a statement of partnership existence must be attached to a certificate of consolidation for a consolidation in which the resulting entity from such consolidation is a domestic partnership. Section 5 amends § 15-1102(a) of the GP Act to require that a statement of foreign qualification of a foreign limited liability partnership include the state, territory, possession or other jurisdiction or country where the foreign limited liability partnership was formed, the date of its formation and a statement from a partner that, as of the date of filing, the foreign limited liability partnership validly exists as a limited liability partnership under the laws of the jurisdiction of its formation. This Section also amends § 15-1102(a) to clarify that the number of partners required to be stated in a statement of foreign qualification is the number of partners of the foreign limited liability partnership at the time of the effectiveness of the statement of foreign qualification. Section 6 amends § 15-1208(b) of the GP Act to confirm that if a statement of partnership existence will be cancelled pursuant to the filing of a statement or certificate under the GP Act, the full amount of the annual tax for the calendar year in which the statement or certificate becomes effective is due and payable before the filing of such statement or certificate. Section 7 provides that the amendments to the GP Act take effect on August 1, 2025.AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO THE DELAWARE REVISED UNIFORM PARTNERSHIP ACT.
SB 97CommitteeBrownThis Act continues the practice of amending periodically the Delaware Revised Uniform Limited Partnership Act (“LP Act”) to keep it current and to maintain its national preeminence. The following is a section-by-section review of proposed amendments to the LP Act. Section 1 amends § 17-104(e) of the LP Act, which addresses certain duties of a registered agent of a limited partnership. Amended § 17-104(e) specifies that a registered agent may not perform its duties or functions solely through the use of a virtual office, the retention by the agent of a mail forwarding service, or both. Amended § 17-104(e) defines “virtual office” as the performance of duties or functions solely through the internet or solely through other means of remote communication. Section 2 amends § 17-106(e) of the LP Act to provide that § 17-106(e) applies to ratification or waiver of a void or voidable act or transaction by any partner or other person in respect of a limited partnership, in addition to acts or transactions by a limited partnership. This Section also amends § 17-106(e) to provide that ratification or waiver pursuant to § 17-106(e) may be express or implied, including by the statements, action, inaction, or acquiescence of or by partners or other persons. Further, this Section amends § 17-106(e) to clarify that in a circumstance in which § 17-106(e) requires notice of the ratification or waiver to be given, the giving of the notice is not a condition to the effectiveness of the ratification or waiver. The amendments to § 17-106(e) in this Section are intended to provide rules different from the rules applied in existing case law that § 18-106(e) of the Delaware Limited Liability Company Act, which is the same in all material respects as § 17-106(e), is limited to ratification or waiver of a limited liability company’s own acts and transactions and that § 18-106(e) of the Delaware Limited Liability Company Act does not apply to ratification or waiver by conduct. Section 3 amends § 17-109(a) of the LP Act to provide that serving as a general partner of a limited partnership or as a liquidating trustee of a dissolved limited partnership is sufficient (without any requirement for execution by such person of the certificate of limited partnership) to (i) constitute such person’s consent to the appointment of the registered agent of the limited partnership (or, if there is none, the Secretary of State) as such person’s agent upon whom service of process may be made, and (ii) signify the consent of such general partner or liquidating trustee that any process when so served shall be of the same legal force and validity as if served upon such general partner or liquidating trustee within the State of Delaware. Section 4 amends § 17-202(f) of the LP Act to provide that at any time a person who is not shown as a general partner on the certificate of limited partnership of a dissolved limited partnership is winding up the limited partnership’s affairs, the certificate of limited partnership shall be amended to add the name and business, residence or mailing address of each liquidating trustee unless the limited partners are the liquidating trustees, in which case the certificate of limited partnership shall be amended to state that the limited partners are winding up the limited partnership’s affairs. This Section also amends § 17-202 of the LP Act to add a new § 17-202(g) to provide that at any time a person who is not shown as a general partner associated with a registered series on the certificate of registered series of a dissolved registered series is winding up the registered series’ affairs, the certificate of registered series shall be amended to add the name and business, residence or mailing address of each liquidating trustee of the registered series unless the limited partners associated with the registered series are the liquidating trustees, in which case the certificate of registered series shall be amended to state that the limited partners associated with the registered series are winding up the registered series’ affairs. Section 5 amends § 17-203(b) of the LP Act to confirm that, in addition to correcting a certificate of cancellation, a certificate of correction may nullify a certificate of cancellation. Section 6 amends § 17-204(a)(3) of the LP Act to delete language addressing who signs a certificate of cancellation when the general partners are not winding up a dissolved limited partnership’s affairs because that is now addressed in the new § 17-204(e) of the LP Act. This Section also amends § 17-204(a)(12) of the LP Act to delete language addressing who signs a certificate of cancellation of certificate of registered series when the general partners associated with such series are not winding up the dissolved registered series’ affairs because that is now addressed at new § 17-204(e) of the LP Act. This Section further amends § 17-204 of the LP Act to add a new §17-204(e). New § 17-204(e) provides who signs certificates required by the LP Act to be signed by one or more general partners of a dissolved limited partnership when a person not shown on the certificate of limited partnership as a general partner of the limited partnership is winding up the affairs of the limited partnership. New § 17-204(e) also provides who signs certificates required by the LP Act to be signed by one or more general partners associated with a dissolved registered series when a person not shown on the certificate of registered series as a general partner associated with the registered series is winding up the affairs of the registered series. Section 7 amends § 17-211(c) of the LP Act to provide that a certificate of limited partnership must be attached to a certificate of consolidation for a consolidation in which the resulting entity from such consolidation is a domestic limited partnership. Section 8 amends § 17-213(a) of the LP Act, which provides for the correction of certificates filed with the Secretary of State. The amendment confirms that, in addition to correcting a previously filed certificate, a certificate of correction may nullify a previously filed certificate by specifying the inaccuracy or defect with respect to such previously filed certificate and providing that the previously filed certificate is nullified. Such a provision is sufficient if it states that the previously filed certificate is nullified or void or uses words of similar meaning. Section 9 amends § 17-302(f) of the LP Act to confirm that a partnership agreement may be amended in connection with a division of a limited partnership and a merger of registered series of a limited partnership, as is specifically contemplated by §§ 17-220(f) and 17-224(e) of the LP Act, respectively. Section 10 amends § 17-902(1) of the LP Act to provide that an application for registration as a foreign limited partnership shall be executed by any person authorized to execute the application on behalf of the foreign limited partnership (which may or may not be a general partner of the foreign limited partnership). Section 11 amends § 17-905 of the LP Act to provide that a certificate correcting an inaccurate application for registration as a foreign limited partnership shall be executed by any person authorized to execute the certificate on behalf of the foreign limited partnership (which may or may not be a general partner of the foreign limited partnership). Section 12 amends § 17-906 of the LP Act to provide that a certificate of cancellation of registration as a foreign limited partnership shall be executed by any person authorized to execute the certificate on behalf of the foreign limited partnership (which may or may not be a general partner of the foreign limited partnership). Section 13 amends § 17-1109(b) of the LP Act to confirm that when the existence of a domestic limited partnership or registered series, or the registration of a foreign limited partnership, will cease by the filing of a certificate under the LP Act, the full amount of the annual tax for the calendar year in which such certificate becomes effective is due and payable prior to the filing of such certificate. Section 14 provides that the amendments to the LP Act take effect on August 1, 2025.AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO THE DELAWARE REVISED UNIFORM LIMITED PARTNERSHIP ACT.
SB 95CommitteeBrownThis Act continues the practice of amending periodically the Delaware General Corporation Law (“DGCL”) to keep it current and maintain its national preeminence. The following is a section-by-section review of the proposed amendments to the DGCL. Sections 1, 3 and 4 of this Act amend §§ 102(f), 109(b) and 115 of Title 8, respectively. Since 2015, the provisions of §§ 102(f), 109(b) and 115 have included provisions for the regulation of “internal corporate claims” as defined in § 115. In addition to permitting forum selection provisions that require internal corporate claims to be adjudicated in a court in this State, these sections prohibit certificate of incorporation and bylaw provisions that purport to: a. impose “fee-shifting” against stockholders with respect to internal corporate claims; or b. preclude a stockholder from asserting an internal corporate claim in a court in this State. A certificate of incorporation may address and regulate not only internal corporate claims but additional claims that relate to a corporation’s “intra-corporate affairs” if the certificate provision at issue is consistent with public policy. Salzberg v. Sciabacucchi, 227 A.3d 102 (Del. 2020). Sections 1, 3 and 4 of this Act amend §§ 102(f), 109(b) and 115 so that the same statutory safeguards that apply to certificate and bylaw provisions regulating internal corporate claims will also apply to certificate and bylaw provisions addressing the intra-corporate affairs claims permitted under the reasoning of the Salzberg decision. With respect to these claims: a. Amended §§ 102(f) and 109(b) prohibit fee-shifting provisions: that is, certificate of incorporation and bylaw provisions that purport to impose liability on a stockholder for the attorneys’ fees or expenses of the corporation or any other party with respect to any claim that a stockholder has brought, in its capacity as a stockholder or in the right of the corporation, in an action, suit, or proceeding. b. Amended § 115 specifies that a certificate of incorporation or bylaw provision addressing intra-corporate affairs claims must be consistent with applicable jurisdictional requirements and must allow stockholders to bring the claims in at least 1 court in this State that has jurisdiction over such claims. Amended § 115 permits the designation of any judicial or arbitral forum so long as the designation does not prevent a stockholder from bringing claims in a court with jurisdiction in this State. The United States District Court for the District of Delaware is a court “in” this State for purposes of amended § 115. Rather than specifically defining the types of non-internal claims that constitute intra-corporate affairs claims, amended § 115 authorizes forum selection provisions that relate to “the business of the corporation, the conduct of its affairs, or the rights or powers of the corporation or its stockholders, directors or officers.” This language is taken from §§ 102(b)(1) and 109(b). The Salzberg decision relied on similar language from § 102(b)(1) to uphold the validity of forum selection provisions related to certain intra-corporate affairs claims. It is anticipated that the courts will interpret and apply amended § 115 in the same manner that the Delaware Supreme Court interpreted and applied the language of § 102(b)(1) in the Salzberg decision. Amended § 115 is not intended to promote the development of new forum selection provisions beyond what is permitted under the reasoning of the Salzberg decision. Under amended § 115, a forum selection provision addressing non-internal corporate claims cannot prohibit claims from being brought in a court in this State “that has jurisdiction over such claims.” Amended § 115 therefore reaches a result different from the United States Court of Appeals for the Ninth Circuit in Lee v. Fisher, 70 F.4th 1129 (9th Cir. 2023), and the United States District Court for the Western District of Texas in Sobel v. Thompson, 2023 WL 4356066 (W.D. Tex. July 5, 2023). In these decisions, the courts upheld the application of a forum selection bylaw that required all derivative claims to be asserted exclusively in the Court of Chancery, including derivative claims under the Securities Exchange Act of 1934. However, the Court of Chancery does not have jurisdiction over Securities Exchange Act claims. Under amended § 115, a forum selection provision that purports to address derivative claims under federal law must be permissible under § 115, consistent with the reasoning in the Salzberg decision, and must also permit the claim to be brought in the United States District Court for the District of Delaware. Consistent with the provisions pre-dating these amendments: a. Amended §§ 102(f), 109(b) and 115 are not intended to prevent the application of a provision on fee-shifting, or the selection of a forum other than a court in this State, if the provision is included in a stockholder agreement or other writing signed by the stockholder against whom the provision is to be enforced; b. Amended § 115 is not intended to foreclose evaluation of whether the specific terms and manner of adoption of a particular provision authorized by amended § 115 comport with any relevant fiduciary obligation or operate reasonably in the circumstances; and c. Amended § 115 is not intended to limit or expand the jurisdiction of the Court of Chancery or the Superior Court. Section 2 of this Act amends § 103(f), which provides for the correction of instruments filed with the Secretary of State. The amendment confirms that, in addition to correcting a previously filed instrument, a certificate of correction may nullify a previously filed instrument by specifying the inaccuracy or defect with respect to such previously filed instrument and providing that the previously filed instrument is nullified. A statement that the previously filed instrument is nullified or void, or a statement with words of similar meaning, will constitute sufficient provision for the nullification. Section 5 of this Act amends § 131, which requires a corporation to have a registered office in this State. In addition to enacting wording changes to § 131(a), the amendments to § 131(b) provide that all references in Title 8 to a corporation’s “registered office” in this State shall be deemed to mean and refer to the address of the registered agent located in this State that has been appointed to accept service of process and otherwise perform the duties of a registered agent. The amendments also delete the provisions in § 131(b) that, in certain instances, deemed a corporation’s registered office to be the corporation’s principal office or principal place of business in this State for purposes of Title 8 and the certificate of incorporation. As amended, Title 8 does not include provisions that automatically treat a corporation’s registered office as a principal office or principal place of business of the corporation. Section 6 of this Act amends § 132(b), which addresses certain duties of a registered agent of a corporation. Amended § 132(b) specifies that a registered agent may not perform its duties or functions solely through the use of either or both of a virtual office or the retention by the agent of a mail forwarding service. Amended § 132(b) defines “virtual office” as the performance of duties or functions solely through the internet or solely through other means of remote communication. Section 7 of this Act amends § 155 to eliminate the ability of a corporation to issue scrip or warrants in bearer form in lieu of issuing fractional shares of stock. Amended § 155 continues to permit corporations to issue scrip or warrants in registered form. The amendment is intended to bring § 155 in line with the Corporate Transparency Act, 31 U.S.C. § 5336(f), which prohibits corporations from issuing certificates in bearer form for either a whole or fractional interest in an entity. Section 8 of this Act amends § 252(c), which lists the information that a corporation must include in a certificate filed with the Secretary of State to merge or consolidate domestic corporations with foreign corporations. The amendments delete from § 252(c) a requirement that a certificate of merger or consolidation list the authorized capital stock of each foreign corporation that has ceased to exist as a result of the merger or consolidation. Section 9 of this Act amends § 311, which addresses the procedures for revoking the dissolution of a corporation and restoring an expired corporation. Amended § 311(a)(4) requires that a certificate of revocation of dissolution or certificate of restoration state the date of filing of the corporation’s original certificate of incorporation with the Secretary of State and state the date of filing of the corporation’s certificate of dissolution with the Secretary of State. Section 10 of this Act amends § 312, which enables a corporation to revive its certificate of incorporation after the certificate has become forfeited or void. Amended § 312(g) addresses circumstances where a corporation has been revived under § 312 and later files a certificate of validation under § 204 to ratify one or more defective corporate acts. If the certificate of validation relates to a time during which the corporation was forfeited or void, amended § 312(g) requires the corporation to file the annual franchise tax reports, and pay the annual franchise taxes, that would have been required to be filed, and paid, during the period that the certificate of incorporation had been forfeited or void. The franchise taxes owed include the interest accrued on the taxes, and the filings and payments must be made at the time the certificate of validation is filed. Section 11 of this Act amends § 377. Among other things, § 377 addresses the procedures that a foreign corporation must follow to reinstate its qualification to do business in this State after the qualification has been forfeited under § 132 or § 136. In connection with such a reinstatement, amended § 377(e) requires a foreign corporation to file all annual reports and pay all required fees that would have been required to be filed or paid during the time the foreign corporation’s qualification to do business in this State had been forfeited. Section 12 of this Act amends § 502, which requires a corporation to file an annual report with the Secretary of State. Amended § 502(a) requires that the report disclose the nature of the business of the corporation and confirms that no office of any registered agent may be disclosed as the address of the principal place of business of the corporation, except where the corporation maintains its principal place of business in this State and serves as its own registered agent. The paragraphs of amended § 502(a) have also been re-numbered. Section 13 of this Act amends § 503, which provides the rates and means of computing franchise taxes. Amended § 503(e) provides that the filing of a certificate of validation to ratify one or more defective corporate acts pursuant to § 204 will not reduce the interest owed on the franchise taxes owed for prior periods and specifies that a corporation is not entitled to a franchise tax refund for any period prior to the filing of the certificate of validation. The amendments also repeal § 503(h), which specified an alternative franchise tax rate for regulated investment companies. Section 14 of this Act amends § 505 by clarifying that a corporation is not entitled to a refund of taxes, penalties or interest in connection with filing a certificate of correction under § 103(f) or a certificate of validation under § 204. Section 15 of this Act provides that Sections 1 through 12 and Section 14 of this Act take effect on August 1, 2025. Section 16 of this Act provides that § 503(h), as contained in Section 13 of this Act, takes effect for tax years beginning on or after January 1, 2026. Section 16 of this Act also provides that § 503(e), as contained in Section 13 of this Act, takes effect on August 1, 2025. 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.
SB 105CommitteeSokolaThis Act provides that the Secretary of the Department of Safety and Homeland Security (“Secretary”), or the Secretary’s designee, is a member of the Enhanced 911 Emergency Reporting System Service Board (“Board”) by virtue of the Secretary’s position. This Act also makes the Secretary, or the Secretary’s designee, the Board Chair. The Secretary is currently, and historically, an appointed member of the Board and this Act would codify that practice. 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 OF THE DELAWARE CODE RELATING TO THE ENHANCED 911 EMERGENCY REPORTING SYSTEM SERVICE BOARD.

Legislation Passed By House of Representatives

BillCurrent StatusSponsorSynopsisTitle
SB 54PassedHoffnerThis Act is from the Joint Legislative Oversight and Sunset Committee, to remove the provision that a committee member who participates virtually in a committee meeting is not counted toward quorum.AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE JOINT LEGISLATIVE AND OVERSIGHT COMMITTEE.
SJR 2PassedPinkneyThis resolution requires the Division of Medicaid and Medical Assistance to present a report to the Delaware General Assembly, by January 1, 2026, for the provision of insurance coverage for Community Health Worker services by Medicaid providers, which must include a draft State plan amendment or waiver, as appropriate, to the Governor and all members of the General Assembly, with copies to the Director and the Librarian of the Division of Research of Legislative Council, and the Delaware Public Archives.REQUIRING THE DIVISION OF MEDICAID AND MEDICAL ASSISTANCE TO PRESENT THE GENERAL ASSEMBLY WITH A REPORT AND PLAN TO PROVIDE INSURANCE COVERAGE FOR COMMUNITY HEALTH WORKER SERVICES.
SB 74PassedMantzavinosThis Act amends Title 6 by adding "lease-purchase property" to the Delaware Lease-Purchase Agreement Act. Pursuant to the Act, "lease-purchase property" means personal property that is owned by the lessor at the time it is displayed and offered for lease-purchase to the consumer. The Act provides that, for lease-purchase property offered online and available for online sale or sale by e-commerce, a lessor may satisfy the lessor's disclosure obligations under § 7606(c) by electronic disclosure. Similarly, for personal property, other than lease-purchase property, that is offered for lease-purchase by a lessor, the lessor must disclose electronically the cash price of the item and the amount of the lease payment and the total amount of lease payments necessary to acquire ownership. These disclosures must be made before any of the disclosures required by § 7603 of the Delaware Lease-Purchase Agreement Act. Finally, the Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. AN ACT TO AMEND CHAPTER 76, TITLE 6 OF THE DELAWARE CODE RELATING TO THE DELAWARE LEASE-PURCHASE AGREEMENT ACT.
HB 82CommitteeWilson-AntonThis Act requires that a school board candidate and member be an “inhabitant” of the district, or designated portion of a district, that member represents. “Inhabitant” is defined for this purpose as “a person who both claims legal residence and physically resides in a designated area or school district.” Further, the bill provides that if a school board member is not physically present in their district for more than 75% of the days in any yearlong period of that member’s term, the member ceases to qualify as an inhabitant. Absence required by military service is not counted as absence for purposes of this statute. This Act provides that a resident of a school district may bring an action in Superior Court asking the Court to declare a vacancy if the resident has cause to believe a member is no longer an inhabitant of that member’s district. This Act also makes technical corrections to conform to the Delaware Legislative Drafting Manual. AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL BOARD MEMBERS.
HB 97 w/ HA 1CommitteeK. WilliamsThis Act ensures that a public school employee may not work directly with students unsupervised without a valid permit or license issued by the DOE’s Professional Standards Boards or an approved license issued under Title 24. To that end, this Act creates a new permit requirement for any paraprofessional or student support and classroom position, including specialist interns, year-long residents, full time substitute teachers, substitute teachers seeking certification, student teachers, and classroom aides. The following employees are exempt from the permitting and licensing requirements: non-instructional administrators; nutrition staff; custodial staff; transportation staff; clerical staff; charter school heads exempt under § 507(c) of Title 14; and substitute teachers seriving for less than 12 consecutive weeks in a school. The same laws, procedures, penalties, and safeguards that apply to the issuance, suspension, and revocation of a license under Chapter 12 of Title 14, will apply to a permit. The DOE may require reimbursement of any funds disbursed to district or charter schools for an employee without a license or permit, who holds a position requiring a license or permit. The DOE may also require reimbursement for an employee that is working under an expired license or permit. Finally, this Act increases the maximum supplement amount an employee may earn for accepting additional responsibility assignments that impact student achievement. The supplement may be no more than $5,000, rather than $1,500. It also directs the Department to update the Department of Education PHRST code manual so that the position codes align to titles of positions that are currently used by educators, and outdated codes are deleted. The new system codes must be in effect by the start of the 2026-2027 school year. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. AN ACT TO AMEND TITLES 14 AND 31 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF EDUCATION, PROFESSIONAL STANDARDS, AND SALARY SUPPLEMENTS.
HA 1 to HB 97PassedK. WilliamsThis Act clarifies that DSCYF staff that work in schools are considered "other student support personnel" and are required to hold a permit or other applicable license if they are to have direct, unsupervised contact with students. 
SCR 58PassedWalshThis resolution recognizes April 28, 2025, as Workers Memorial Day in the State of Delaware and calls upon all Delawareans to remember those who have died on the job, to support policies that protect the living, and to advance the cause of safe and just workplaces for all.RECOGNIZING APRIL 28, 2025, AS WORKERS MEMORIAL DAY IN THE STATE OF DELAWARE.
SCR 59PassedWilsonThis Senate Concurrent Resolution recognizes April 28 to May 3, 2025, as "Auctioneers Week" in the State of Delaware. RECOGNIZING APRIL 28 TO MAY 3, 2025, AS "AUCTIONEERS WEEK" IN THE STATE OF DELAWARE.
SCR 60PassedBrownThis Concurrent Resolution recognizes May 6, 2025, as “Alpha Phi Alpha Legislative Day at the Capitol” in Delaware. It honors Alpha Phi Alpha Fraternity, Incorporated as an organization that has provided a voice and a strong vision to the struggle of African Americans and people of color in the State of Delaware and around the world.RECOGNIZING MAY 6, 2025, AS "ALPHA PHI ALPHA LEGISLATIVE DAY AT THE CAPITOL" IN DELAWARE.
SCR 62PassedLawsonThis Senate Concurrent Resolution recognizes the month of May 2025 as "Healthy Vision Month" in the State of Delaware. RECOGNIZING THE MONTH OF MAY 2025 AS "HEALTHY VISION MONTH" IN THE STATE OF DELAWARE.
SCR 61PassedBucksonThis Senate Concurrent Resolution designates May 6, 2025, as “Wishbone Day” in the State of Delaware.DESIGNATING MAY 6, 2025, AS “NATIONAL WISHBONE DAY” IN THE STATE OF DELAWARE.

Senate Committee Assignments

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

House Committee Assignments

Committee
Administration
Appropriations
Economic Development/Banking/Insurance & Commerce
Judiciary
Labor
Sunset Committee (Policy Analysis & Government Accountability)
Transportation

Senate Committee Report

Committee
Legislative Oversight & Sunset

House Committee Report

Committee
Labor
Public Safety & Homeland Security
Sunset Committee (Policy Analysis & Government Accountability)

Senate Defeated Legislation

No Senate Defeated Legislation

House Defeated Legislation

BillCurrent StatusSponsorSynopsisTitle
HS 1 for HB 8DefeatedWilson-AntonThis Act amends Delaware’s marriage laws to recognize a valid marriage between first cousins obtained or recognized outside of Delaware (either in another state or territory of the United States or foreign country) as a valid and legal marriage in Delaware. This Act does not legalize the performance of marriages between first cousins within the State of Delaware. U.S. Immigration Services only recognizes marriages for immigrating couples as “valid” if the marriage is valid both where the marriage was performed and in the state where the couple is currently living or planning to live. Couples planning to settle in Delaware have been advised by federal officials to move to neighboring states that recognize marriages between first cousins as legal, leading to loss of economic activity to the state and unnecessary financial hardships for families seeking legal reunification. This substitute bill makes a technical correction and removes subsections of the Code that are unchanged.AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO MARRIAGES.

Nominations Enacted upon by the Senate

No Records