This Act creates Pay for Success contracts. A Pay for Success contract is an agreement between a State agency and either a program intermediary or an investor under which an investor will provide upfront capital to fund a service, program, or economic development initiative. The State agency agrees to repay the program intermediary or investor if the service, program, or economic development initiative meets the performance measures and outcomes agreed to in the contract. An independent evaluator will determine if the performance measures and outcomes are met. If the State agency contracts with a program intermediary, the program intermediary will manage all aspects of the project, including identifying the investor and the entity or entities that will provide the service, program, or economic development initiative. In other situations, a State agency will contract directly with the investor, who will contract directly with the entity or entities that will provide the service, program, or economic development initiative.
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This Act creates a requirement that lodging establishments with an appliance that emits carbon monoxide or an attached garage have working carbon monoxide detection devices in each dwelling or sleeping unit. This Substitute Bill differs from Senate Bill No. 91 as follows: 1. It clarifies that the requirements of this chapter do not apply to a private residence that is occupied by the owner if no dwelling or sleeping units are available for pay. 2. It clarifies the definition of owner so that it includes artificial entities that own or actively manage a lodging establishment but does not include an equitable interest in an artificial entity that is an owner. 3. It changes the requirements for carbon monoxide detetection device installation so that the requirements are essentially the same as the requirements for smoke detectors in Chapter 66 of Title 16. 4. It incorporates the changes in Senate Amendment No. 1 to Senate Bill No. 91, including the effective dates for compliance. 5. It provides the State Fire Marshal authority promulgate rules and regulations necessary to implement the provisions of this chapter. 6. It makes this Act effective on January 1, 2019. 7. It makes technical corrections to conform to the standards of the Delaware Legislative Drafting Manual.
This Act makes changes and adds clarifying language to the dealership licensing section of Title21. First, it allows for the suspension of a dealership license for violations of either Title 21 or Title 30 rather than the current requirement for violations of both titles. It also adds that a dealer whose license is suspended cannot reapply for a new license until the terms of the suspension have been met. It also ensures the same character and conviction review standards applied during initial application of a dealership license are also applied to the renewal process. Finally, this bill adds a basis for suspension when a dealership is approved in Delaware, but in reality is rarely present or merely has a virtual office.
This Act requires long-term care facilities to offer the influenza vaccine to all employees with direct contact with patients. It also requires the facility to keep a record of a signed statement from each employee that the vaccine has been offered.
This 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 15-108(c) of the Act to provide that the name of a partnership must be such as to distinguish it from the name of any registered series of a limited liability company formed under the laws of the State of Delaware. Section 2. This section provides that the proposed amendments of the Act shall become effective August 1, 2019.
This 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 17-102(3) of the Act to provide that the name of a limited partnership must be such as to distinguish it from the name of any registered series of a limited liability company formed under the laws of the State of Delaware. Sections 2 and 4 through 6. These sections amend Sections 17-104(g), 17-302(e), 17-305(c) and 17-405(d) of the Act to provide specific statutory authority for Delaware limited partnerships to use networks of electronic databases (examples of which are described currently as "distributed ledgers" or a "blockchain") for the creation and maintenance of limited partnership records and for certain "electronic transmissions." Section 3. This section amends Section 17-213(b) of the Act relating to a corrected certificate to clarify that the fee payable to the Secretary of State for filing a certificate of correction pursuant to Section 17-1107 shall be paid with the filing of a corrected certificate pursuant to Section 17-213(b) of the Act. Section 7. This section provides that the proposed amendments of Section 1 of the Act shall become effective August 1, 2019, and the proposed amendments of Sections 2 through 6 shall become effective August 1, 2018.
This Act, consistent with longstanding practice throughout the State expressly recognized in the existing statute, clarifies the manner in which criminal justice agencies may inform the public of information related to arrests. In addition, this Act provides the State Bureau of Identification the ability to share information with the Federal government to maintain on-going monitoring of individuals who have already undergone background checks. Finally, it provides that fingerprints and similar information collected will be retained for future comparison purposes.
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 of the Act to include definitions for "series," "protected series" established in accordance with Section 18-215(b) of the Act, and "registered series" formed in accordance with Section 18-218 of the Act. Section 2. This section amends Section 18-102(3) of the Act to provide that the name of a limited liability company must be such as to distinguish it from the name of any registered series. Section 3. This section amends Section 18-102(4) of the Act to confirm that the name of a limited liability company may contain the words "public benefit." Section 4. This section amends Section 18-103 of the Act to provide that the exclusive right to the use of a name for a registered series may be reserved by a person intending to form a registered series of a limited liability company in accordance with Section 18-218 of the Act and to adopt that name pursuant to Section 18-218(e) of the Act. Section 5. This section amends Section 18-104 of the Act to include references to protected series of a limited liability company established in accordance with Section 18-215 of the Act and registered series of a limited liability company formed in accordance with Section 18-218 of the Act, as appropriate. Section 6. This section amends Section 18-104(g) of the Act to provide specific statutory authority for domestic limited liability companies to use networks of electronic databases (examples of which are described currently as "distributed ledgers" or a "blockchain") for the creation and maintenance of limited lability company records and for certain "electronic transmissions." Sections 7, 10, 12, 14, 15, and 30 through 33. These sections amend Sections 18-105, 18-203, 18-206, 18-207, 18-208, 18-1107, 18-1108 and 18-1109 of the Act and add a new Section 18-1110 of the Act to include references to protected series of a limited liability company established in accordance with Section 18-215 of the Act and registered series of a limited liability company formed in accordance with Section 18-218 of the Act, as appropriate. Section 8. This section adds new Section 18-112 of the Act to provide that, upon motion by the Attorney General, the Court of Chancery may cancel the certificate of formation of any domestic limited liability company for abuse or misuse of its limited liability company powers, privileges or existence. Section 9. This section amends Section 18-203(a) of the Act to include a reference to new Section 18-112 of the Act. Section 11. This section amends Section 18-206 of the Act to include references to new Section 18-112 of the Act and a certificate of division. Section 13. This section amends Section 18-207 of the Act to include a reference to new Section 18-1202 of the Act. Section 16. This section amends Section 18-209(a) of the Act relating to merger and consolidation to include a cross-reference to new Section 18-217 of the Act which refers to "other business entity," as defined in Section 18-209(a) of the Act. Section 17. This section amends Section 18-209(a) of the Act relating to merger and consolidation to include a cross-reference to new Sections 18-219, 18-220 and 18-221 of the Act which refer to "other business entity," as defined in Section 18-209(a) of the Act. Section 18. This section amends Section 18-211(b) of the Act relating to a corrected certificate to clarify that the fee payable to the Secretary of State for filing a certificate of correction pursuant to Section 18-1105 of the Act shall be paid with the filing of a corrected certificate pursuant to Section 18-211(b) of the Act. Section 19. This section amends Section 18-215 of the Act relating to series of limited liability companies to clarify certain provisions, including those relating to a protected series. Section 20. This section adds new Section 18-217 of the Act to enable a limited liability company to divide into one or more newly formed limited liability companies with the dividing company continuing its existence or terminating its existence, as the case may be. Section 21. This section adds new Section 18-218 of the Act to authorize the formation of a registered series by complying with Section 18-218 of the Act. Registered series are associations and formed by the filing of a certificate of registered series and, therefore, have the attributes required to be "registered organizations" under the Uniform Commercial Code. Registered series formed under Section 18-218 of the Act also have the same rights and powers and the same inter-series limitation on liability as protected series established under Section 18-215(b) of the Act. Section 22. This section adds new Section 18-219 of the Act to enable a protected series of a limited liability company to convert to a registered series of such limited liability company. Section 23. This section adds new Section 18-220 of the Act to enable a registered series of a limited liability company to convert to a protected series of such limited liability company. Section 24. This section adds new Section 18-221 of the Act to provide that one or more registered series of a limited liability company may merge or consolidate with or into one or more other registered series of such limited liability company. Sections 25 through 27. These sections amend Sections 18-302(d), 18-305(d) and 18-404(d) of the Act to provide specific statutory authority for domestic limited liability companies to use networks of electronic databases (examples of which are described currently as "distributed ledgers" or a "blockchain") for the creation and maintenance of limited lability company records and for certain "electronic transmissions." Section 28. This section amends Section 18-1105(a) of the Act to provide the fee payable to the Secretary of State for the filing of a certificate of division under Section 18-217 of the Act. Section 29. This section amends Section 18-1105(a) of the Act to provide for the fee payable to the Secretary of State for the filing of certain certificates pursuant to Sections 18-218, 18-219, 18-220 and 18-221 of the Act and to provide for the fee payable to the Secretary of State for the issuance of a good standing certificate for a registered series of a limited liability company and a certificate which lists all of the registered series formed by a limited liability company. Section 34. This section adds a new subchapter XII providing for the formation of statutory public benefit limited liability companies which, like public benefit corporations, are intended to produce a public benefit or public benefits and to operate in a responsible and sustainable manner. Section 35. This section provides that the proposed amendments in Sections 3, 6, 8, 9, 11, 13, 16, 18, 20, 25 through 28 and 34 of this Act shall become effective August 1, 2018. The proposed amendments in Sections 1, 2, 4, 5, 7, 10, 12, 14, 15, 17, 19, 21 through 24 and 29 through 33 of this Act shall become effective August 1, 2019.
The Division of Forensic Science (“Division”) produces numerous postmortem examination reports, autopsy reports, and laboratory reports annually. Given the high volume, and consistent with National Association of Medical Examiners accreditation standards, this Act expands the period of time within which the Medical Examiner must complete a written report from 30 to 90 days. In addition, while “next of kin” is defined for purposes of the authority to provide corneas to eye banks, other references to “next of kin” in Chapter 47 of Title 29 (regarding the Division’s authority) are undefined. This Act provides a clear definition for Division employees and the public regarding who qualifies as “next of kin” and is intended to ensure that the confidential reports prepared by the Division are released only to the appropriate individual.
This Act includes Probation and Parole Officers in the Department of Services for Children, Youth and their Families under the definitions of Law-Enforcement Officer under the Law-Enforcement Officer’s Bill of Rights.