Sen. Dave Wilson

For conveyances having a property value of less than $350,000, the state will not assess a realty transfer tax. This Act also reduces the State's rate of realty transfer tax by 1/4% per year for 4 years, for residential property conveyances having a property value of $350,000 to $500,000.

Maddy summaryThis bill designates June 2026 as "Sacred Heart of Jesus Month" within the State of Delaware. It directly affects state officials and the public by formally recognizing this specific month for religious observance. The key mechanism is a legislative resolution that names the month, without altering laws or government operations. This action serves as a commemorative gesture rather than implementing new policy requirements.

Maddy summaryThis bill designates May 25, 2026, as "Africa Day" within the State of Delaware. It is a commemorative resolution that does not change laws, allocate funds, or affect daily operations. The measure serves to officially recognize the date in state records without imposing new requirements on individuals or organizations.

This House Concurrent Resolution recognizes June 2026 as National Homeownership Month in Delaware and highlights updated housing data and program impact.

This 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. Section 1. Section 1 of this Act confirms that if a certificate of incorporation includes a provision that “opts out” of the class vote specified in § 242(b)(2) of Title 8 to increase or decrease the number of shares of a class of stock authorized for issuance, including a provision that requires the affirmative vote of the holders of a majority of the stock (or a majority of the votes of such stock) entitled to vote, that “opt out” will not be deemed an express provision that has the effect of “opting out” of the default provisions of § 242(d). Instead, § 242(d) will apply unless the § 242(b)(2) “opt out” expressly states that the corporation is not governed by § 242(d)(1) or (2), or the § 242(b)(2) “opt out” provision specifies a greater or additional vote to increase or decrease the authorized number of shares of 1 or more classes of stock. Section 2. Section 2 of this Act amends § 275 of Title 8, which addresses the dissolution of a corporation. New § 275(h) provides that the authority and responsibilities of the registered agent of the corporation terminate at the time the dissolution of the corporation becomes effective, except with respect to service of process that the registered agent has received before that time. New § 275(i) establishes procedures for the Secretary of State to accept service of process for a dissolved corporation after the dissolution has become effective. The amendments to § 275(d) and (f) require a corporation to include in its certificate of dissolution an agreement that the dissolved corporation may be served with process in the State by service to the Secretary of State in accordance with the Secretary of State’s rules and regulations. Section 3. Section 3 of this Act amends § 312(j) of Title 8, which addresses the revival of the certificate of incorporation of a nonstock corporation if the certificate has become forfeited or void. The amendments delete reference to actions taken by members of a nonstock corporation who are entitled to vote on a dissolution of the corporation. The provisions of § 312(j), when read together with § 312(h), contemplates member action only to elect persons to the governing body of the corporation if there are no such persons then in office to revive the corporation. Because no action by members entitled to vote on a dissolution is required for revival, the reference to these members is being deleted. In addition, because no member action is required to revive a corporation if there are persons then serving on the governing body of the corporation, amended § 312(h) also clarifies that member action will be taken for a revival only “if any” member action is necessary. Section 4. Section 4 of this Act provides that this Act takes effect on August 1, 2026. 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.

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 proposed amendments to the LLC Act. Section 1 of this Act amends § 18-101(2) of the LLC Act to add a definition of “certificate of registered series,” which is used in multiple provisions in the LLC Act. Section 2 of this Act amends § 18-215(a) of the LLC Act to confirm that (i) a limited liability company agreement may establish or provide for the establishment of one or more series that are not protected series or registered series, and (ii) the limitation on merger, conversion and consolidation of a series in § 18-215(a) does not restrict a limited liability company with series from merging, converting or consolidating pursuant to any section of the LLC Act or as otherwise permitted by law. The amendments are not intended to limit the application of the principle of freedom of contract to any series. Section 3 of this Act provides that the amendments to the LLC Act take effect on August 1, 2026.

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 proposed amendments to the LP Act. Section 1 of this Act amends § 17-101(1) of the LP Act to add a definition of “certificate of registered series,” which is used in multiple provisions in the LP Act. Section 2 of this Act amends § 17-202 of the LP Act to allow a limited amendment of a certificate of limited partnership to be made by a person who has ceased to be a general partner of the limited partnership but is shown on the certificate of limited partnership as a general partner. The certificate of amendment shall state only (i) the name of the limited partnership, and (ii) that the person has ceased to be a general partner of the limited partnership. Because the amendment has the effect of amending the information required to be set forth in a certificate of limited partnership by § 17-201(a)(3) of the LP Act, it also constitutes notice, pursuant to § 17-208 of the LP Act, that the person has ceased to be a general partner. This Section also amends § 17-202(c)(2) of the LP Act to clarify that, unless a certificate of amendment has already been filed pursuant to new § 17-202(d) of the LP Act, § 17-202(c)(2) applies any time a person has ceased to be a general partner of a limited partnership and not just upon a withdrawal of a general partner. Section 3 of this Act amends § 17-204(a)(2) of the LP Act, which addresses execution of certificates of amendment and certificates of correction. Because Section 2 of this Act amends § 17-202 of the LP Act to allow a former general partner to file a certificate of amendment of a certificate of limited partnership in certain circumstances, this Section amends § 17-204(a)(2) of the LP Act to clarify that the former general partner must execute a certificate of amendment authorized by new § 17-202(d) of the LP Act or any certificate of correction that is correcting a certificate of amendment filed pursuant to new § 17-202(d) of the LP Act. This Section also amends § 17-204(a)(9) of the LP Act, which addresses execution of certificates of amendment of certificates of registered series and certificates of correction of certificates of registered series. Because Section 6 of this Act amends § 17-221 of the LP Act to allow a person who was formerly a general partner associated with a registered series to file a certificate of amendment of a certificate of registered series in certain circumstances, this Section amends § 17-204(a)(9) of the LP Act to clarify that the former general partner must execute a certificate of amendment authorized by new § 17-221(d)(6) of the LP Act or any certificate of correction that is correcting a certificate of amendment filed pursuant to new § 17-221(d)(6) of the LP Act. Section 4 of this Act amends § 17-207 of the LP Act, which addresses liability for materially false statements in any certificate authorized to be filed by this chapter. Subchapter IX of the LP Act was previously amended to clarify that certain documents filed in the office of the Secretary of State with respect to a foreign limited partnership may be executed by any person authorized to execute the document on behalf of the foreign limited partnership (which may or may not be a general partner of the foreign limited partnership). This Section amends § 17-207 of the LP Act to clarify that § 17-207 of the LP Act applies to any person who executed a certificate pursuant to subchapter IX of this chapter (whether or not such person is a general partner of the foreign limited partnership). Section 5 of this Act amends § 17-218(a) of the LP Act to confirm that (i) a partnership agreement may establish or provide for the establishment of one or more series that are not protected series or registered series, and (ii) the limitation on merger, conversion and consolidation of a series in § 17-218(a) does not restrict a limited partnership with series from merging, converting or consolidating pursuant to any section of the LP Act or as otherwise permitted by law. The amendments are not intended to limit the application of the principle of freedom of contract to any series. Section 6 of this Act amends § 17-221(d) of the LP Act to allow a limited amendment of a certificate of registered series to be made by a person who has ceased to be a general partner associated with the registered series but is shown on the certificate of registered series as a general partner associated with the registered series. The certificate of amendment shall state only (i) the name of the limited partnership, (ii) the name of the registered series, and (iii) that the person has ceased to be a general partner associated with the registered series. Because the amendment has the effect of amending the information required to be set forth in a certificate of registered series by § 17-221(d) of the LP Act, it also constitutes notice, pursuant to § 17-208 of the LP Act, that the person has ceased to be a general partner associated with the registered series. This Section also amends § 17-221(d)(5)b. of the LP Act to clarify that, unless a certificate of amendment has already been filed pursuant to new § 17-221(d)(6) of the LP Act, § 17-221(d)(5)b. applies any time a person has ceased to be a general partner associated with a registered series and not just upon a withdrawal of a general partner associated with a registered series. This Section also makes certain clarifying amendments of § 17-221 of the LP Act to change the word “of” to the words “associated with”. Section 7 of this Act amends § 17-902(1) of the LP Act to provide that the statement required to be included in an application for registration as a foreign limited partnership shall be made by the person who signs the application (whether or not such person is a general partner of the foreign limited partnership). Section 8 of this Act provides that the amendments to the LP Act take effect on August 1, 2026.

This Act amends Delaware law to provide that electric cooperatives are not required to provide electric supply service to large load electric users with a projected monthly demand of more than 50MW. Electric cooperatives remain obligated to provide supply service to all customers in its service territory using less than 50MW.

This Act changes the probate dollar limit for administering a small estate without requiring Letters of Administration or Letters of Testamentary from $30,000 to $50,000. This Act also makes changes to conform with the Delaware Legislative Drafting Manual.

This Senate Joint Resolution recognizes that missed court appearances create costs for the justice system and negative consequences for individuals, and that reminder notifications can reduce failure-to-appear rates. It directs the Delaware Judiciary to report on the cost, timeline, and requirements to build a court date reminder program for the Justice of the Peace Court and to expand it to the Court of Common Pleas, Family Court, and Superior Court and provides that DELJIS shall build the program if funding is appropriated.