SB 291 — AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO THE REGISTRATION OF TRADE NAMES, PARTNERSHIPS AND ASSOCIATIONS IN THE SUPERIOR COURT.
Last action — Signed by Governor
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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 08, 2024. 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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2 sponsors
2 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 D).
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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 removes the registration of trade names for sole proprietorships, partnerships, and associations in the Superior Court prothonotaries and places registration of such trade names with the Division of Revenue. Additionally, this Act provides that the filing of certificates will be recorded electronically and the fee for such filing is $25.00. Under Superior Court Civil R. 77(h), the current filing fee is $25.00. This change updates the statute consistent with the current fee collected by the Superior Court.
Bill Text
- Bill Text View text Current pdf
AI-generated reading aid from the bill's amendatory text — verify against the official bill.
This Act transfers the registration of trade names for sole proprietorships, partnerships, and associations from the Superior Court prothonotaries to the Division of Revenue and updates the fee structure accordingly.
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§ 3101
No person, firm or association shall engage in, prosecute or transact any business within the limits of this State, by using any trade name or title which does not disclose the Christian and surname the legal name of such person, or in case of a firm or association, the Christian and surname the legal name of each and every person comprising the firm or association→ No person, firm or association shall engage in, prosecute or transact any business within the limits of this State, by using any trade name or title which does not disclose the legal name of such person, or in case of a firm or association, the legal name of each and every person comprising the firm or associationThis change simplifies the language by removing 'Christian and surname' and focuses on the legal name.
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§ 3103
the prothonotary of each county Division of Revenue shall number the certificates when filed, consecutively, and endorse thereon the date of filing, and enter and electronically record such filings in a book in a registry which the prothonotary Division of Revenue shall create procure for that purpose→ the Division of Revenue shall number the certificates when filed, consecutively, and endorse thereon the date of filing, and enter and electronically record such filings in a book in a registry which the Division of Revenue shall procure for that purposeThis change transfers the responsibility of numbering and recording filed certificates from the prothonotary to the Division of Revenue.
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§ 3103
(which amounts shall be credited to the account of the Division of Revenue to be disposed of in the same manner as other fees which are by law payable to the prothonotary)→ (which amounts shall be credited to the account of the Division of Revenue to be disposed of in the same manner as other fees)This change clarifies the fee allocation process by removing unnecessary detail about the prothonotary.
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§ 3103
$5.00→ $25.00This change updates the filing fee from $5.00 to $25.00 to align with current practices.
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§ 3104
with the Division of Revenue.This change removes 'with the Division of Revenue' as it is implied by the context of the law.
Action History
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Signed by Governor
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Passed By House. Votes: 40 YES 1 ABSENT
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Reported Out of Committee (Economic Development/Banking/Insurance & Commerce) in House with 7 On Its Merits
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Assigned to Economic Development/Banking/Insurance & Commerce 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 6 On Its Merits
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Introduced and Assigned to Judiciary Committee in Senate
Sponsors
- Kyle Evans Gay · Primary
- Nicole Poore · Primary
Sponsorship breakdown
Export CSV (upgrade) →2 sponsors · 0 co-sponsors · 60 not signed on
Sponsors (2)
- Kyle Evans Gay
- Nicole Poore Democratic
Co-sponsors (0)
None.
Not signed on (60)
60 members have not signed on to this bill.
Show all 60 →"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 | 7 | 0 | 0 | 0 |
| Democratic | 19 | 0 | 0 | 1 |
| Republican | 14 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 2% |
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 291 do?
- This Act removes the registration of trade names for sole proprietorships, partnerships, and associations in the Superior Court prothonotaries and places registration of such trade names with the Division of Revenue. Additionally, this Act provides that the filing of certificates will be recorded electronically and the fee for such filing is $25.00. Under Superior Court Civil R. 77(h), the current filing fee is $25.00. This change updates the statute consistent with the current fee collected by the Superior Court.
- Who sponsors SB 291?
- SB 291 is sponsored by Kyle Evans Gay and Nicole Poore (Democratic).
- What is the current status of SB 291?
- This bill has been enacted into law. Introduced May 08, 2024. Enacted.
- Where can I track SB 291?
- Track SB 291 free on One Click Politics — get push/email alerts when it moves.
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