Delaware Bills

signed · Delaware · Senate Jul 16, 2020

SB 247: AN ACT TO AMEND TITLE 20 OF THE DELAWARE CODE RELATING TO PUBLIC PROTECTIONS DURING THE COVID-19 STATE OF EMERGENCY AND NOTARIZATION.

This Act ensures that the protections put in place during the COVID-19 pandemic related to notarizations do not cease immediately upon the lifting of the COVID-19 State of Emergency, but instead continue until June 30, 2021. The Act authorizes remote notarization and witnessing by Delaware attorneys via audio-visual technology and sets forth conditions under which they can be performed. The Delaware Governmental Offices’ requirement for a wet signature is waived. The Recorder of Deeds is required to accept documents notarized and witnessed under specified procedures in the Eleventh Modification. This Act ensures that the General Assembly will have another opportunity to express its will on continuing this protection by including an internal sunset date.

signed · Delaware · House Jul 16, 2020

HB 352: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE POWERS OF THE DELAWARE SECRETARY OF LABOR RELATED TO UNEMPLOYMENT COMPENSATION IN RESPONSE TO THE COVID-19 PANDEMIC.

This Act extends provisions in the First and Twentieth Modifications to the Declaration of a State of Emergency due to a Public Health Threat which authorize the Delaware Secretary of Labor to issue emergency rules amending the Delaware Unemployment Insurance Code to enhance flexibility in the program to meet the burden of temporary layoffs, isolation and quarantine suffered by Delaware employees as a result of the pandemic.

signed · Delaware · Senate Jul 16, 2020

SB 227: AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO COMMERCIAL LEARNER PERMITS.

This Act brings the Division of Motor Vehicles into compliance with federal law by allowing a commercial learner permit to be issued for a period of up to 1 year. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · Senate Jul 16, 2020

SB 223: AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO DISQUALIFICATION FROM DRIVING A COMMERCIAL MOTOR VEHICLE.

This Act brings Delaware into compliance with the federal No Human Trafficking on Our Roads Act by creating a lifetime disqualification for a commercial diver license if the individual engages in human trafficking while using a motor vehicle. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

signed · Delaware · House Jul 16, 2020

HB 344: 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.

This bill continues the practice of amending periodically the Delaware Limited Liability Company Act (the “Act”) to keep it current and to maintain its national preeminence. The following is a section-by-section review of the proposed amendments of the Act. Section 1. This section amends Section 18-101(9)b. of the Act to correct a cross-reference. Section 2. This section amends Section 18-102(3) of the Act to clarify requirements regarding the name of a limited liability company in its certificate of formation. Section 3. This section amends Sections 18-104(a)(2)d. and 18-104(f)(2) of the Act to identify the types of foreign entities that may be a registered agent of a limited liability company. Sections 3 and 12. These sections amend Sections 18-104(b) and 18-904(c) of the Act to eliminate the requirement that the Secretary of State issue a certified copy of any certificate filed by the registered agent changing the address of the registered office or the name of the registered agent. These sections also amend Sections 18-104(b) and 18-904(c) of the Act to provide that the conversion of the registered agent or a division of the registered agent in which a resulting person succeeds to all of the registered agent business of such registered agent shall be deemed to be a change of name for purposes of these Sections of the Act. These sections also amend Sections 18-104(c) and 18-904(d) of the Act to eliminate the requirement that the Secretary of State issue a certificate in connection with the resignation of the registered agent of a domestic or foreign limited liability company and the appointment of the successor registered agent. Section 4. This section amends Section 18-113(a)(2) of the Act to clarify that a person may “execute” a document by using any type of signature contemplated by such Section. Section 5. This section amends Section 18-210 of the Act to confirm that no appraisal rights are available with respect to a limited liability company interest or another interest in a limited liability company, including in connection with the enumerated transactions unless otherwise provided in the enumerated documents. Sections 6, 7, and 10. These sections amend Sections 18-213(c), 18-216(f) and 18-220(f) of the Act with regard to certifications provided by the Secretary of State in connection with the filing of a certificate of transfer, a certificate of transfer and domestic continuance, a certificate of conversion to non-Delaware entity, and a certificate of conversion of registered series to protected series. Section 8. This section amends Section 18-217(h) of the Act to provide specifically that flexibility exists to state other information in a certificate of division. Section 9. This section amends Section 18-218(d)(4) of the Act to confirm that a certificate of registered series shall be promptly amended if the certificate of registered series no longer complies with the requirements of Section 18-218(e)(1) of this title. This section also amends Section 18-218(e)(3) of the Act to clarify requirements regarding the name of a registered series in its certificate of registered series. Section 11. This section amends Section 18-301 of the Act (i) to confirm that a limited liability company agreement may provide for the admission of members in connection with formation, (ii) to eliminate any statutory requirement that a member’s admission after formation is subject to the admission being reflected in the records of the limited liability company, and (iii) to clarify that an assignee of a limited liability company interest is admitted as a member as provided in Section 18-704(a) of the Act. Section 12. This section amends Section 18-305(d) of the Act to confirm that a limited liability company may maintain its books, records and other information in other than paper form (including electronic form) if such form is capable of conversion into paper form within a reasonable time. Section 13. This section amends Section 18-904(a) of the Act to clarify requirements regarding the name under which a foreign limited liability company may register with the Secretary of State. This section also amends Section 18-904(b)(2)c. of the Act to identify the types of foreign entities that may be a registered agent of a foreign limited liability company. This section also amends Section 18-904(e) of the Act to provide that if a foreign limited liability company has ceased to be registered pursuant to Section 18-1107(h) of the Act, its registered agent may resign without appointing a successor registered agent. The amendment also adds requirements regarding the content and form of the certificate of resignation filed with the Delaware Secretary of State when the registered agent resigns without appointing a successor, and provides that such information regarding the communications contact that must be included in such a certificate shall not be deemed public. Section 14. This section provides that the proposed amendments to the Act shall become effective upon their enactment into law.

signed · Delaware · Senate Jul 16, 2020

SB 251: AN ACT TO AMEND TITLE 20 OF THE DELAWARE CODE RELATING TO PUBLIC PROTECTIONS DURING THE COVID-19 STATE OF EMERGENCY AND MARRIAGE LICENSES.

This Act ensures that the protections put in place during the COVID-19 pandemic related to marriage licenses do not cease immediately upon the lifting of the COVID-19 State of Emergency, but instead continue until June 30, 2021. This Act authorizes parties applying for a marriage license to appear together before an issuing officer via video-conference call and authorizes the issuing officer to witness the parties’ signatures on the marriage license application by video-conference call. This Act ensures that the General Assembly will have another opportunity to express its will on continuing this protection by including an internal sunset date.

signed · Delaware · House Jul 16, 2020

HB 347: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO PROCUREMENT.

This Act continues in effect a provision contained in the Sixth Modification of the Declaration of a State of emergency for the State of Delaware Due to a Public Health Threat issued on March 24, 2020 which allows the Director of Management and Budget to approve the extension of statutory time periods pertaining to procurement of goods and services by State agencies for up to 15 days, permits bids and proposals to be submitted electronically, allows for electronic execution of documents and dispenses with any requirement that bids or responses to requests for proposals be published and recorded in the presence of interested parties.

signed · Delaware · House Jul 16, 2020

HB 263: AN ACT TO AMEND TITLE 18 AND TITLE 29 OF THE DELAWARE CODE RELATING TO COST SHARING IN PRESCRIPTION INSULIN DRUGS.

This Act requires that individual, group, and State employee insurance plans cap the amount an individual must pay for insulin prescriptions at $100 a month and must include at least 1 formulation of insulin on the lowest tier of the drug formulary developed and maintained by the carrier.

signed · Delaware · Senate Jul 16, 2020

SB 229: AN ACT TO AMEND THE TOWN OF BRIDGEVILLE CHARTER RELATING TO DISQUALIFICATION OF ELECTIVE OFFICERS.

Senate Substitute No. 1 for Senate Bill No. 229 differs from Senate Bill No. 229 by changing the word “competent” to “incompetent” as grounds for disqualification for the office of Commissioner. This Act amends the Town of Bridgeville Charter to establish a clear standard to determine whether a Commissioner is unable to fulfill the duties and responsibilities of the office of Commissioner under the Charter. The current language of the Town of Bridgeville Charter is unclear regarding under what circumstances, if any, a Commissioner may be found to be unable to fulfill the duties and responsibilities of the office. This Act also makes corresponding changes to an existing section of the Town of Bridgeville Charter. 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.

signed · Delaware · Senate Jul 7, 2020

SB 170: AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO MEDICAL MARIJUANA.

This Act creates a CBD-Rich card medical marijuana card to treat anxiety in adults. This Act also requires that a registry identification card state the type of card that is issued to clearly identify qualifying adult patients, qualifying pediatric patients, designated caregivers, and CBD-Rich patients. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

passed · Delaware · Senate Jul 1, 2020

SR 44: HONORING DELAWARE'S SENIOR SENATOR, THE HONORABLE HARRIS BROWN MCDOWELL, III, UPON HIS RETIREMENT FROM THE SENATE AFTER SOME 44 YEARS OF SERVICE.

This Senate Resolution pays tribute to Delaware's senior senator, Harris B. McDowell, III, upon his retirement from the Senate after some 44 years of exemplary service.

David B. McBride (D) · 17 co-sponsors

signed · Delaware · House Jul 1, 2020

HB 346: AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO VOTING BY MAIL FOR THE 2020 NON-PRESIDENTIAL PRIMARY, GENERAL, AND SPECIAL ELECTIONS.

This Act provides for voting by mail for the 2020 primary and general elections and special elections held under the provisions of Chapter 73 of Title 15 due to the emergency caused by COVID-19, a highly contagious virus. Voting by mail is an alternative to, and not a replacement for, in-person voting, which remains an available option to those electors not voting by absentee or mail ballot. This Act establishes procedures for voting by mail which mirror the procedures for absentee voting. The Act makes clear that, like in absentee voting, no ballots can be tabulated until Election Day. The authority to implement voting by mail stems from the Delaware Constitution. Article XVII of the Delaware Constitution mandates that in order to insure continuity of State and local governmental operations in periods of an emergency resulting from disease, the General Assembly shall have the power and immediate duty to adopt measures that may be necessary and proper for insuring the continuity of governmental operations including nonconformity with the requirements of the Constitution when in the judgment of the General Assembly to do so would be impracticable. With this Act, the General Assembly finds that due to the highly contagious nature of COVID-19, and the need to protect Delaware voters and polling workers from the virus, voting by mail is necessary and proper for insuring the continuity of governmental operations, and conformity with the constraints of Article V, § 4A would be impracticable.

Bill results