HB 159 DE

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Became Law

This act modifies the locations at which sheriff’s sales may be conducted to provide the sheriffs with needed flexibility and to modernize the sheriff’s sale process. The recent COVID-19 pandemic has revealed substantial inflexibility in 10 Del. C. § 4974 as currently adopted, forcing the sheriff of each of the three counties to either hold sheriff’s sales outdoors, find non-governmental venues in which to hold sheriff’s sales or cancel sheriff’s sales. Additionally, the New Castle County Sheriff is considering using an online auction process to conduct sheriff’s sales, as other counties throughout the United States have done, but § 4974 as currently adopted does not permit online sheriff’s sales. Finally, this act removes uncertainty regarding the meaning of the term “public building” as currently used in § 4974 by adopting a definition that is consistent with the Delaware Supreme Court’s definition of that term in Moore v. Wilmington Housing Authority, 619 A.2d 1166, 1174-75 (Del. 1993).

• John L. Mitchell · primary
• Nicole Poore Democratic · primary
• Stephanie L. Hansen Democratic · primary
• Sherry Dorsey Walker · primary

1. Apr 27, 2021 Introduced and Assigned to Judiciary Committee in House · lower
2. May 19, 2021 Reported Out of Committee (Judiciary) in House with 2 Favorable, 6 On Its Merits · lower
3. Jun 14, 2021 Amendment HA 1 to HB 159 - Introduced and Placed With Bill · lower
4. Jun 17, 2021 Amendment HA 1 to HB 159 - Passed In House by Voice Vote · lower
5. Jun 17, 2021 Passed By House. Votes: 40 YES 1 ABSENT · lower
6. Jun 17, 2021 Assigned to Judiciary Committee in Senate · upper
7. Jun 23, 2021 Reported Out of Committee (Judiciary) in Senate with 5 On Its Merits · upper
8. Jun 29, 2021 Passed By Senate. Votes: 21 YES · upper
9. Sep 15, 2021 Signed by Governor · executive

The published texts of this bill as it moves through the legislature. Each links to the official document on the state legislature site. Data from OpenStates.

• Bill Text · HTML
• Bill Text · PDF
• HA 1 to HB 159 · PDF
• HA 1 to HB 159 · HTML