Rep. Bill Bush

This Act allows Delaware voters who are not affiliated with a political party to vote in a political party's primary election. Currently there are approximately 170,000 registered Delaware voters who are not affiliated with a political party. Members of a political party are not allowed to crossover and vote in another political party's primary election.

This Act is a substitute for Senate Bill No. 4, replacing Senate Substitute No. 1 for Senate Bill No. 4. and Senate Substitute No. 2 for Senate Bill No. 4. Like Senate Bill No. 4, Senate Substitute No. 1, and Senate Substitute No. 2 for Senate Bill No. 4, this Act modernizes Delaware’s probation system, including by directing the courts, the Board of Parole, and the Bureau of Community Corrections to use the least restrictive probation and parole conditions and the most minimally intrusive reporting requirements necessary to achieve the goals of community supervision. This Act differs from Senate Substitute No. 2 for Senate Bill No. 4 by doing all of the following: (1) Continuing the process of updating the Delaware Code to use people-first language to refer to an individual on probation or otherwise involved in the criminal justice system. (2) Removing the prohibition on imposing a sentence of incarceration for a technical violation and the special sentencing matrix for certain technical violations. As a result, the definitions for “non-technical violation” and “technical violation” are also removed. (3) Removing the requirement that periods of incarceration imposed when probation violations are found for multiple offenses be served concurrently. (4) Removing the requirement that for a court, Board of Parole, or probation and parole officer to impose a condition that an individual on probation not possess or use alcohol or controlled substances there must be a reasonable relationship to the criminogenic needs of the individual. (5) Removing the prohibition on a probation and parole officer from pursuing sanctions for nonwilful violations of probation, which include the following: a. An individual on probation’s failure to complete a program when the program refuses to provide services, the program is cost prohibitive, or access to the program is restricted beyond the control of the individual on probation. b. An individual on probation’s failure to follow supervision conditions when the individual on probation’s medical conditions or disability prevent compliance. c. An individual on probation’s failure to report based on factors beyond the individual on probation’s control. (6) Removing the prohibition on a court finding a probation violation occurred based on criminal conduct that the court acquitted the individual on probation of or dismissed the underlying criminal charge for. (7) Removing the repeal of a provision that permits the Department of Correction to deny earned compliance credits to an individual on probation for other categories of offenses that the Department establishes by rules and regulations. The Department is statutorily permitted to deny credits for individuals on probation for a sexual offense, a violent felony, and any offense in the Delaware Code if the probation is imposed to collect restitution at Accountability Level I. (8) Removing the requirement that there be a finding that the individual on probation poses a substantial risk of injury to others or of intentionally failing to appear for a revocation hearing before a court could issue an arrest warrant or the Department could deputize officers to make an arrest. (9) Making clear that outstanding balances owed on the home confinement fee imposed under § 4332(b) of Title 11, which is repealed by this Act, are discharged. (10) Clarifying that the requirement that a court, Board of Parole, or probation and parole officer presumptively impose the least number of conditions, and least restrictive conditions of supervision, possible to achieve the goals of supervision applies only to special conditions of probation. (11) Not including any changes to § 4334 of Title 11 (relating to arrests for violation of conditions of supervision and disposition of those violations) in this Act. (12) Providing for a delay in the effect of this Act. This Act takes effect 180 days after its enactment into law. This Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Concurrent Resolution commends the 2024 Delaware Behavioral Health Professional of the Year, Shannon Gronau, and all of the District/Charter Network Behavioral Health Professionals of the Year.

With 60% of U.S. households living paycheck to paycheck, 40% of Americans having less than $300 in savings, 33% of Americans having saved nothing for retirement, 95% of Americans having not saved enough for retirement, and 87% of American teens admitting not understanding their finances, financial literacy education in Delaware high schools is needed. This Act, which may be cited as “The Equity and Inclusion in Financial Literacy for All High School Students in Delaware Act”, requires high schools to provide, at a minimum, a half credit course on financial literacy. And, beginning with students entering grade 9 in the 2025 through 2026 school year, successful completion of the course will be required to obtain a high school diploma. This Act requires the course to include instruction which meets the financial literacy standards for high school students adopted by the Department of Education and on all of the following financial literacy topics: (1) Introduction to behavioral economics, including enabling students to understand the impact of life experiences on personal money management decisions and habits. (2) Enabling students to understand the benefits of disciplined and regular savings to achieve financial goals and the power of compounding returns and interest. (3) Introduction to the why and how of different types of risk assessment and investing strategies that lead to sustainable and long-term financial success and a self-sufficient retirement, including introduction and explanation of the Delaware EARNS Program established under Chapter 38 of Title 19. (4) Enabling students to understand personal budgeting. (5) Enabling students to understand and manage credit and debt, including credit scores; types of credit to include credit cards, auto loans, mortgages, student loans, payday loans, and title loans; the benefits and methods of debt avoidance and repayment; and the rule of 72. (6) Enabling students to understand financial institutions, including banking services, brokerage services, account fees, and the difference between fiduciary and non-fiduciary advisors. (7) Enabling students to understand personal and payroll-related taxes and their impact on disposable income. (8) Enabling students to understand career options, including college vs. trade or technical school and entrepreneurship vs. employment. (9) Enabling students to understand philanthropy. (10) Insurance options.

Currently, if a child files an application in Superior Court to have their criminal case transferred to Family Court and the Superior Court denies the application, there is no recourse for appeal until the child’s criminal case is finally adjudicated in Superior Court. In State v. Roberts, Del.Supr. 282 A.2nd 603 (1971) the Delaware Supreme Court stated its jurisdiction, over such appeals by an accused, may only be by operation of law. This Act permits the child to enter a plea of guilty or nolo contendere and appeal an amenability denial to the Delaware Supreme Court within 30 days of being sentenced by the Superior Court. This Act also prohibits any plea being conditioned on waiving this right of appeal. This Act also clarifies that the Superior Court will not retain jurisdiction over the child if the Supreme Court reverses the Superior Court’s Order.

Currently, section 712 of Title 7 of the Delaware Code prohibits the hunting of any game birds or game animals (except deer) on Sundays. This Bill eliminates the prohibition against hunting game birds on Sundays. The Department of Natural Resources and Environmental Control still has authority to establish and regulate season dates, bag limits and enforcement for the hunting of game birds.

This Act continues the practice of amending periodically the Delaware Limited Liability Company Act (the “LLC Act”) to keep it current and to maintain its national preeminence. The following is a section-by-section review of the proposed amendments to the LLC Act: Section 1 amends § 18-209 of the LLC Act to permit a certificate of merger or a certificate of ownership and merger to state any amendments to the certificate of formation of a surviving domestic limited liability company in a merger as are desired to be effected by the merger. Section 2 amends § 18-215(d) of the LLC Act to confirm and clarify certain of the mechanisms for revoking termination of a protected series. Specifically, Section 2 amends § 18-215(d) to confirm and clarify that the references to “other persons” in § 18-215(d)(1) and (2) are references to other persons whose approval is required for such termination of the protected series pursuant to the limited liability company agreement. Section 3 amends § 18-218(f) of the LLC Act to confirm and clarify certain of the mechanisms for revoking dissolution of a registered series. Specifically, Section 3 amends § 18-218(f) to confirm and clarify that the references to “other persons” in § 18-218(f)(1) and (2) are references to other persons whose approval is required for such dissolution of the registered series pursuant to the limited liability company agreement. Section 4 amends § 18-221 of the LLC Act to permit a certificate of merger of registered series to state any amendments to the certificate of registered series of a surviving registered series in a merger as are desired to be effected by the merger. Section 5 amends § 18-806 of the LLC Act to confirm and clarify certain of the mechanisms for revoking dissolution of a limited liability company. Specifically, Section 5 amends § 18-806 to confirm and clarify that the references to “other persons” in § 18-806(1) and (2) are references to other persons whose approval is required for such dissolution of the limited liability company pursuant to the limited liability company agreement. Section 6 provides that the amendments to the LLC Act take effect on August 1, 2024.

This Act continues the practice of amending periodically the Delaware Revised Uniform Partnership Act (the “GP Act”) to keep it current and to maintain its national preeminence. The following is a section-by-section review of the proposed amendments to the GP Act: Section 1 amends § 15-902 of the GP Act to permit a certificate of merger or a certificate of ownership and merger to state any amendments to the statement of partnership existence of a surviving domestic partnership in a merger (and in the case of a surviving domestic partnership that is a limited liability partnership, to the statement of qualification of such surviving domestic partnership) as are desired to be effected by the merger. This section also amends § 15-902 of the GP Act to require a domestic partnership that is causing a merger under § 15-902(m) of the GP Act to file a statement of partnership existence (if it has not already filed a statement of partnership existence). Section 2 provides that the amendments to the GP Act take effect on August 1, 2024. This Act requires a greater than majority vote for passage because § 11 of Article VIII of the Delaware Constitution requires the affirmative vote of three-fifths of the members elected to each house of the General Assembly to impose or levy a tax or license fee.

This Act continues the practice of amending periodically the Delaware Statutory Trust Act (“the Statutory Trust Act”) to keep it current and to maintain its national preeminence. The following is a section-by-section review of proposed amendments to the Statutory Trust Act: Section 1 amends § 3801(e) of the Statutory Trust Act to confirm that any series of a statutory trust is bound by the governing instrument of such statutory trust regardless of whether the series executed the governing instrument. This amendment is not intended to imply that other references to “statutory trust” in the Statutory Trust Act do not include series thereof to the extent required by the context. Section 2 amends § 3806(b)(9) of the Statutory Trust Act to confirm that the governing instrument of a statutory trust may be amended as permitted by § 3825(f). Section 3 amends § 3806(l) of the Statutory Trust Act to conform the reference to the Investment Company Act of 1940 in this section to other references to the Investment Company Act of 1940 in the Statutory Trust Act. Section 4 adds a new § 3806(p) to the Statutory Trust Act to confirm that the trustees of a statutory trust may authorize the beneficial owners to direct the voting of securities held by the statutory trust. Many registered investment companies have implemented, or are considering implementing, forms of pass-through voting. Section 5 amends § 3811(c) of the Statutory Trust Act to conform the language to the analogous provision in the Delaware Limited Liability Company Act. Section 6 amends § 3815(b)(4) of the Statutory Trust Act to change a reference from “person” to “entity”. Section 7 amends § 3815(f) of the Statutory Trust Act to confirm that an amendment to a governing instrument or the adoption of a new governing instrument effected pursuant to § 3815(f) of the Statutory Trust Act may be effected only with respect to the governing instrument of the surviving or resulting statutory trust and not with respect to the governing instrument of a constituent statutory trust that is not the surviving or resulting statutory trust. Section 8 amends § 3820(g) of the Statutory Trust Act to provide that the approval of a conversion to a statutory trust, and the approval of the governing instrument of the statutory trust, are required to occur prior to the time a certificate of conversion to statutory trust becomes effective rather than prior to filing of the certificate of conversion to a statutory trust. Section 9 amends § 3822(g) of the Statutory Trust Act to provide that the approval of a domestication as a statutory trust, and the approval of the governing instrument of the statutory trust, are required to occur prior to the time a certificate of statutory trust domestication becomes effective rather than prior to filing of the certificate of statutory trust domestication. Sections 10, 11, and 12 amend §§ 3827, 3828, and 3829 of the Statutory Trust Act to clarify that §§ 3827, 3828, and 3829 apply to all of Chapter 38 of Title 12 of the Delaware Code rather than to only Subchapter I of Chapter 38. Section 13 provides that the amendments to the Statutory Trust Act take effect on August 1, 2024.

This Act continues the practice of amending periodically the Delaware Revised Uniform Limited Partnership Act (the “LP Act”) to keep it current and to maintain its national preeminence. The following is a section-by-section review of the proposed amendments to the LP Act: Section 1 amends § 17-204 of the LP Act. Because Section 2 contains amendments that permit a certificate of merger or a certificate of ownership and merger to amend the certificate of limited partnership of a surviving domestic limited partnership in a merger to reflect the admission of one or more new general partners of the surviving domestic limited partnership in connection with the merger, Section 1 amends § 17-204 of the LP Act to require each new general partner to sign the certificate of merger or certificate of ownership and merger. Further, because Section 5 contains amendments that permit a certificate of merger of registered series to amend the certificate of registered series of a surviving registered series in a merger to reflect the association of one or more new general partners with the surviving registered series in connection with the merger, Section 1 amends § 17-204 of the LP Act to require each new general partner to sign the certificate of merger of registered series. Section 2 amends § 17-211 of the LP Act to permit a certificate of merger or a certificate of ownership and merger to state any amendments to the certificate of limited partnership of a surviving domestic limited partnership in a merger (and in the case of a surviving domestic limited partnership that is a limited liability limited partnership, to the statement of qualification of such surviving domestic limited partnership filed under § 15-1001 of the Delaware Revised Uniform Partnership Act) as are desired to be effected by the merger. Section 3 amends § 17-218(d) of the LP Act to confirm and clarify certain of the mechanisms for revoking termination of a protected series. Specifically, Section 3 amends § 17-218(d) to confirm and clarify that the references to “other persons” in § 17-218(d)(1) and (2) are references to other persons whose approval is required for such termination of the protected series pursuant to the partnership agreement. Section 4 amends § 17-221(f) of the LP Act to confirm and clarify certain of the mechanisms for revoking dissolution of a registered series. Specifically, Section 4 amends § 17-221(f) to confirm and clarify that the references to “other persons” in § 17-221(f)(1) and (2) are references to other persons whose approval is required for such dissolution of the registered series pursuant to the partnership agreement. Section 5 amends § 17-224 of the LP Act to permit a certificate of merger of registered series to state any amendments to the certificate of registered series of a surviving registered series in a merger as are desired to be effected by the merger. Section 6 amends § 17-806 of the LP Act to confirm and clarify certain of the mechanisms for revoking dissolution of a limited partnership. Specifically, Section 6 amends § 17-806 to confirm and clarify that the references to “other persons” in § 17-806(1) and (2) are references to other persons whose approval is required for such dissolution of the limited partnership pursuant to the partnership agreement. Section 7 provides that the amendments to the LP Act take effect on August 1, 2024.