AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO THE CREATION, REGULATION, OPERATION, AND DISSOLUTI...
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SB 115 — AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO THE CREATION, REGULATION, OPERATION, AND DISSOLUTION OF DOMESTIC PARTNERSHIPS AND THE REGISTRATION AND REGULATION OF FOREIGN LIMITED LIABILITY PARTNERSHIPS.
Last action — Signed by Governor
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced May 04, 2023. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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15 sponsors
15 primary, 0 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (8 D · 2 R) — cross-party backing.
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Cleared a recorded vote
Passed 2 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
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 § 15-101 of the GP Act (i) to add a new definition of “foreign partnership,” which term appears in the GP Act, and (ii) to fix a typographical error. Section 2 adds a new § 15-208 to the GP Act to clarify that a subscription for a partnership interest may be irrevocable if the subscription states it is irrevocable to the extent provided by the terms of the subscription. Section 3 amends § 15-902(g) of the GP Act. Currently, § 15-902(g) of the GP Act permits a duly approved agreement of merger or consolidation or plan of merger to effect any amendment to the partnership agreement or effect the adoption of a new partnership agreement. This amendment to § 15-902(g) confirms that an amendment to a partnership agreement or adoption of a new partnership agreement effected under § 15-902(g) of the GP Act may be effected only with respect to the partnership agreement of the surviving or resulting partnership and not with respect to the partnership agreement of a constituent partnership that is not a surviving or resulting partnership. Section 4 amends § 15-1003(b) of the GP Act to confirm that this section of the GP Act applies to foreign limited liability partnerships. Section 5 provides that the amendments to the GP Act take effect August 1, 2023.
Bill Text
- Bill Text View text Current pdf
Action History
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Signed by Governor
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Passed By House. Votes: 39 YES 2 ABSENT
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Reported Out of Committee (Administration) in House with 5 On Its Merits
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Re-Assigned to Administration Committee in House
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Assigned to Judiciary Committee in House
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Passed By Senate. Votes: 21 YES
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Reported Out of Committee (Judiciary) in Senate with 4 Favorable, 1 On Its Merits
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Introduced and Assigned to Judiciary Committee in Senate
Sponsors
- Kyle Evans Gay · Primary
- Trey Paradee · Primary
- Timothy D. Dukes · Primary
- William Bush · Primary
- John "Jack" Walsh · Primary
- Brian Pettyjohn · Primary
- Spiros Mantzavinos · Primary
- Franklin D. Cooke · Primary
- Nicole Poore · Primary
- Darius J. Brown · Primary
- Bryan Townsend · Primary
- Sean Matthews · Primary
- Sarah McBride · Primary
- Valerie Longhurst · Primary
- Peter C. Schwartzkopf · Primary
Sponsorship breakdown
Export CSV (upgrade) →15 sponsors · 0 co-sponsors · 47 not signed on
Sponsors (15)
- Kyle Evans Gay
- Trey Paradee Democratic
- Timothy D. Dukes Republican
- William Bush Democratic
- John "Jack" Walsh Democratic
- Brian Pettyjohn Republican
- Spiros Mantzavinos Democratic
- Franklin D. Cooke Democratic
- Nicole Poore Democratic
- Darius J. Brown Democratic
- Bryan Townsend Democratic
- Sean Matthews
- Sarah McBride
- Valerie Longhurst
- Peter C. Schwartzkopf
Co-sponsors (0)
None.
Not signed on (47)
47 members have not signed on to this bill.
Show all 47 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 8 | 0 | 0 | 0 |
| Democratic | 19 | 0 | 0 | 1 |
| Republican | 12 | 0 | 0 | 1 |
| Total | 39 | 0 | 0 | 2 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (41)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 13 | 0 | 0 | 0 |
| Republican | 6 | 0 | 0 | 0 |
| Unaffiliated | 2 | 0 | 0 | 0 |
| Total | 21 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (21)
| Member | Party | Vote |
|---|---|---|
| Kyle Evans Gay | — | Yea |
| Sarah McBride | — | Yea |
| Bryan Townsend | Democratic | Yea |
| Darius J. Brown | Democratic | Yea |
| David P. Sokola | Democratic | Yea |
| John "Jack" Walsh | Democratic | Yea |
| Kyra L. Hoffner | Democratic | Yea |
| Laura V. Sturgeon | Democratic | Yea |
| Marie Pinkney | Democratic | Yea |
| Nicole Poore | Democratic | Yea |
| Russell Huxtable | Democratic | Yea |
| S. Elizabeth Lockman | Democratic | Yea |
| Spiros Mantzavinos | Democratic | Yea |
| Stephanie L. Hansen | Democratic | Yea |
| Trey Paradee | Democratic | Yea |
| Brian Pettyjohn | Republican | Yea |
| Bryant L. Richardson | Republican | Yea |
| Dave G. Lawson | Republican | Yea |
| David L. Wilson | Republican | Yea |
| Eric Buckson | Republican | Yea |
| Gerald W. Hocker | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 115 do?
- 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 § 15-101 of the GP Act (i) to add a new definition of “foreign partnership,” which term appears in the GP Act, and (ii) to fix a typographical error. Section 2 adds a new § 15-208 to the GP Act to clarify that a subscription for a partnership interest may be irrevocable if the subscription states it is irrevocable to the extent provided by the terms of the subscription. Section 3 amends § 15-902(g) of the GP Act. Currently, § 15-902(g) of the GP Act permits a duly approved agreement of merger or consolidation or plan of merger to effect any amendment to the partnership agreement or effect the adoption of a new partnership agreement. This amendment to § 15-902(g) confirms that an amendment to a partnership agreement or adoption of a new partnership agreement effected under § 15-902(g) of the GP Act may be effected only with respect to the partnership agreement of the surviving or resulting partnership and not with respect to the partnership agreement of a constituent partnership that is not a surviving or resulting partnership. Section 4 amends § 15-1003(b) of the GP Act to confirm that this section of the GP Act applies to foreign limited liability partnerships. Section 5 provides that the amendments to the GP Act take effect August 1, 2023.
- Who sponsors SB 115?
- SB 115 is sponsored by Kyle Evans Gay, Trey Paradee (Democratic), Timothy D. Dukes (Republican), William Bush (Democratic), John "Jack" Walsh (Democratic), Brian Pettyjohn (Republican), Spiros Mantzavinos (Democratic), Franklin D. Cooke (Democratic), Nicole Poore (Democratic), Darius J. Brown (Democratic), Bryan Townsend (Democratic), Sean Matthews, Sarah McBride, Valerie Longhurst, and Peter C. Schwartzkopf.
- What is the current status of SB 115?
- This bill has been enacted into law. Introduced May 04, 2023. Enacted.
- Where can I track SB 115?
- Track SB 115 free on One Click Politics — get push/email alerts when it moves.
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