Rep. Bill Carson

This Act amends Chapter 28 of Title 24 of the Delaware Code to define "successor professional engineer" as a professional engineer who assumes responsible charge of a project, or component of a project, and uses or relies upon the work of the professional engineer who was previously in responsible charge and sealed pertinent documents. The new Section 2832 delineates the acceptable parameters for a successor professional engineer's use or reliance upon work performed by the previous professional engineer in responsible charge. These revisions will both inform licensees of the permissible use of another professional engineer's work and ensure that the recipient of services can identify the responsible professional engineer. The Council for the Delaware Association of Professional Engineers solicited feedback from and held committee meetings with various stakeholders who contributed to drafting of this Act. The Council approved this Act.

This Act is a substitute for House Bill 253. Like HB 253, it requires health insurance companies, including State employee/retiree health plans and Medicaid, to cover annual mammograms for the purpose of early detection for a woman 40 years of age or older, with or without referral from the woman’s health care provider. It also prohibits mammography facilities from requiring that women, 40 years of age or older, provide the facility with the name of a healthcare provider in order to receive an annual screening mammogram. This substitute differs from HB 253 by updating Title 18, Section 3552 of the Delaware for consistency with the rest of the bill. Specifically, it requires insurance carriers to provide coverage for annual mammograms for cancer screening beginning at age 40 rather than age 50 and prohibits carriers from requiring a referral for these annual mammograms.

This Act adopts the Uniform Special Deposits Act (“the Act”) authored by the Uniform Law Commission. The Uniform Law Commission “provides states with non-partisan, well-conceived and well-drafted legislation that brings clarity and stability to critical areas of state statutory law.” The Act was adopted by the Uniform Law Commission in October 2023 and has been adopted in 2 states and introduced in 3 other states. The Act addresses deposits at a bank where the identity of the person entitled to payment is not determined until the occurrence of a contingency identified at the time that the deposit is created. An example of such an account is an escrow account holding funds that will be paid to one of two potential beneficiaries depending on the outcome of a contingency. Although such accounts are commonly used, the legal protections afforded them are uncertain. The fundamental purpose of the Uniform Special Deposits Act is to provide a vehicle that banks and their customers can elect to use providing greater legal certainty that the expectations of users will be respected. The Act provides a mechanism those that elect to be covered by the Act can use to avoid case law applied to special deposits that is murky and in some ways outdated in the context of modern banking. In determining whether a person is engaged in the business of banking to be considered a bank for purposes of the Act, the business of banking is intended to be construed broadly to include persons that may engage in limited functions that are part of or incidental to the business of banking, such as a trust company that engages in fiduciary and agency activities and has the power and authority to accept a special deposit. This Act takes effect on January 1, 2025.

This Act is a substitute for Senate Bill No. 174. Like Senate Bill No. 174, this Act adds Justices of the Peace, Commissioners in Superior Court, Family Court, and Court of Common Pleas, and Magistrates in Chancery to the State Judicial Pension Plan. Section 1 of this Act amends the “Pensions for Members of the State Judiciary” chapter’s definition of “state judiciary” so that Justices of the Peace, Commissioners, and Magistrates in Chancery are included, which then results in their inclusion in the definition of “member”. Section 1 also removes the defined term “for which he or she is eligible under the Federal Social Security Act”, which is not used anywhere in Chapter 56 of Title 29 of the Delaware Code (“Chapter 56”), and creates a new definition, “State judicial officer”, which is used in place of “member of the state judiciary” and “judge” in this Act. Sections 2 through 10 of this Act are included to ensure the term “member” is used consistently throughout Chapter 56 and to replace “member of the State judiciary” and “judge” with “State judicial officer”. This ensures that Justices of the Peace, Commissioners, and Magistrates in Chancery are included in the State Judicial Pension Plan. Section 2 of this Act also increases the amount of annual compensation in excess of $6,000 up to the Social Security wage base that a State judicial officer who is covered by the State Judicial Pension Plan on or after the effective date of this Act must contribute to the State Judicial Plan from 3% to 4%. Section 3 of this Act also establishes a one-time opt-out provision to allow a Justice of the Peace, Commissioner, or Magistrate in Chancery that may be adversely affected by the State Judicial Pension Plan, which would violate the Emoluments Clause under § 4 of Article XV of the Delaware Constitution, the ability to remain in the State Employee Pension Plan. Section 7 of this Act also includes in Chapter 56 reference to statutory procedures in Title 10 for the assignment of a retired Justice of the Peace or Commissioner. Like Senate Bill No. 174, this Act also does the following: (1) Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including (i) removing references to “or survivors” based on § 304 of Title 1 of the Delaware Code, which provides that the singular includes the plural and (ii) correcting a citation error in § 5614(g) of Title 29. (2) Makes changes to delete obsolete language, including (i) deleting § 5605(a)(2)c. of Title 29, which no longer applies to a current State judicial officer, and (ii) deleting § 5609(b), which applied for 6 months from July 7, 1998, and has not applied since then. This Act differs from Senate Bill No. 174 as follows: (1) By updating the title “Master in Chancery” to “Magistrate in Chancery”, based on the passage of Senate Bill No. 179 (152nd General Assembly). (2) By changing the definition of “Commissioner” to define the term based on the Code sections authorizing the appointment of a Commissioner, rather than the powers of a Commissioner. (3) By clarifying that a Justice of the Peace, Commissioner, or Magistrate in Chancery who qualifies for the State Judicial Pension Plan on the effective date of this Act and elects to be covered by the State Judicial Pension Plan is entitled to a payout for accrued annual leave in incremental payments over a 5-year period. (4) By renaming the title of Chapter 56, Title 29 of the Delaware Code to reflect changes made by this Act. (5) By changing the effective date of this Act to January 1, 2025.

Maddy summaryThis bill clarifies which medical facilities are considered "large health care facilities" under Delaware law, directly affecting hospitals, affiliated outpatient clinics, and freestanding emergency departments. It updates the legal definition to explicitly include for-profit hospitals and specifies that any clinic owned mostly by a hospital or operating under its license counts as a large facility. The law also defines "time of service" to cover the period before a patient leaves the facility or within ten days after discharge if emergency care was provided. These changes aim to ensure that regulations apply consistently to all relevant providers without altering the core requirements for patient care.

Senate Bill 89 from the first half of the 152nd General Assembly allowed for state owned-and-operated vehicles used for snow removal to operate with green revolving or flashing lights during winter weather operations. This Bill extends the same use of green lights on municipal owned-and-operated snow removal equipment and vehicles during winter weather operations. Studies have shown green lights are more visible to the traveling public during winter weather conditions. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act legalizes the sale and distribution of raw milk and products derived from raw milk by dairy producers directly to consumers for human consumption. This Act also removes the unused definitions of “Delaware fresh milk” and “northeastern fresh milk” from Subchapter VI of Title 3. The definition of “fresh milk” under current § 3175 of Title 3 is retained. The sale of raw milk, which is unprocessed, unpasteurized, and unhomogenized, is currently prohibited by Section 9 of the current United States Department of Health and Human Services' Grade "A" Pasteurized Milk Ordinance, as amended, which the Delaware Department of Health and Social Services adopted by regulation. However, consumers are increasingly demanding the opportunity to purchase raw milk in Delaware, rather than traveling to other states that permit raw milk sales. Allowing raw milk and products derived from raw milk to be sold in Delaware will respond to that demand while also providing new economic opportunities for Delaware dairy producers. These economic benefits can be significant; the Raw Milk Institute estimates that raw milk producers can earn a profit that is nearly 10 times what they earn for regular milk sales. To achieve these benefits and meet consumer demand, this Act creates a raw milk permit to be issued and enforced by the Department of Agriculture, and exempts raw milk permit holders from the State of Delaware Milk Code provided they comply with all requirements of the Act. This Act provides that no raw milk or product derived from raw milk may be sold in Delaware other than by a raw milk permit holder or an individual under the direct supervision of a raw milk permit holder, such as an employee. The sale or distribution of raw milk and products derived from raw milk must be made directly by the permit holder or individual under the supervision of the permit holder to the consumer and not for purposes of resale. This Act also establishes requirements for signage and labeling informing consumers that raw milk is unprocessed, unpasteurized, and unhomogenized and may contain harmful bacteria. The Department of Agriculture, in consultation with the Department of Health and Social Services, is responsible for promulgating regulations to administer the raw milk permit program and for ensuring compliance with this Act. This Act goes into effect on enactment and is to be implemented the earlier of the following: (1) 1 year from the date of the Act’s enactment. (2) Notice by the Secretary of Agriculture published in the Register of Regulations that final regulations to implement this Act have been adopted. This Act may be cited as “The Consumer Choice Milk Act“.

This bill seeks to amend sections of Chapter 66 concerning the members of Delaware Volunteer Fire Departments. This bill will hold current members to the same standards as applicants with relation to criminal activity.

For claims for line of duty death benefits for covered persons, which include police officers, firefighters, auxiliary and volunteer ambulance and rescue company members, paramedics, and others, submitted on July 1, 2023, and thereafter, this Act increases the benefits for the beneficiary or beneficiaries from $200,000 to $375,000, payable in annual installments, with the maximum amount paid in any 1 calendar year being $50,000.

Sections 1 and 2 of this Act update Chapter 8 of Title 12, the Uniform TOD Security Registration Act. Section 1 of this Act does the following: (1) Adds a new definition to § 801 of Title 12 to define “cash equivalents”. (2) Amends the definition of “registering entity” in § 801 of Title 12 to confirm that registering entities may include securities dealers, banks, savings banks, trust companies, investment advisers, and other financial institutions that maintain securities accounts for customers. (3) Amends the definition of “security” in § 801 of Title 12 to confirm that interests in or obligations of a corporation; a limited liability company or any series of a limited liability company; a partnership, whether general or limited, or any series of a partnership; and a trust, including a common law trust, a voting trust, a business trust, or a statutory trust, or any series of a trust, constitute a “security” for purposes of the Unform TOD Security Registration Act. (4) Amends the definition of “security account” in § 801 of Title 12 to make ministerial changes to the language of the definition and to expand the definition to include investment management accounts, securities accounts, custody accounts, or other agency accounts for the investment or custody of securities maintained with a bank, a savings bank, a trust company, a securities dealer, an investment adviser, or other financial institution. Section 2 of this Act amends § 805 of Title 12 to confirm that registration in beneficiary form with respect to an uncertificated security or a security account need not include the names of beneficiaries if the names of all beneficiaries are otherwise maintained by the registering entity. This avoids, for example, any requirement for the book entry of an uncertificated security or the name of a security account to include the names of all beneficiaries, so long as the registering entity otherwise maintains the names of such beneficiaries. Sections 1 and 2 of this Act are not intended to override provisions of an entity’s operating agreement or governing provisions, and will take effect subject to any implementing requirements of the agreement or governing provisions, such as transfer or ownership restrictions. Sections 3 and 4 of this Act pertain to “letters of wishes” by trustors and add a new definition to § 3301 of Title 12 and a new subsection to § 3315 of Title 12. Letters of wishes have long been created by trustors as a means of assisting fiduciaries to understand the discretionary terms of the trust’s governing instrument, to understand the application of those terms as intended by trustors, and to assist fiduciaries to exercise distribution discretion. Accordingly, Sections 3 and 4 of this Act acknowledge existing and common practice by affirming that the standard of review of a fiduciary’s decision to consider or not to consider a letter of wishes is the same “abuse of discretion” (within the meaning of § 187 of the Restatement (Second) of Trusts, not §§ 50 and 60 of the Restatement (Third) of Trusts) standard described in § 3315 of Title 12. The new provisions recognize that a letter of wishes is a non-binding document intended to provide guidance and insight into the trustor’s intent relevant to a particular trust. New subsection (c) of § 3315 of Title 12 specifically provides 3 safe harbors for determining that a fiduciary has not abused its discretion, by stating that the following do not constitute an abuse of that fiduciary’s discretion: (1) the fiduciary’s decision not to consider a letter of wishes with respect to an unambiguous provision of the trust’s governing instrument; (2) the fiduciary’s decision not to consider a letter of wishes not meeting the criteria of the new subsection (c) of § 3315 of Title 12; and (3) the fiduciary’s decision to consider a letter of wishes meeting the criteria of the new subsection (c) of § 3315 of Title 12, with respect to an ambiguous provision of a trust’s governing instrument. In addition, the new subsection (c) of § 3315 of Title 12 provides that the letter of wishes is not binding on the fiduciary, that the fiduciary has no duty to follow the letter of wishes, and that the fiduciary’s exercise or non-exercise of a discretionary power does not create an inference that the fiduciary improperly exercised such power or abused the fiduciary’s discretion under § 3315(a) of Title 12. Sections 3 and 4 of this Act, however, are not intended to override the Court of Chancery’s decision in Bishop v. McNeil, 1999 Del. Ch. LEXIS 186, 1999 WL 743489 (Del. Ch. 1999), in which the Court declined to take into account a letter to construe the provisions of an unambiguous governing instrument for a trust because the letter was extrinsic evidence of trustor intent. Thus, Sections 3 and 4 of this Act are not intended to affect the law regarding the Court’s interpretation of unambiguous governing instruments for trusts, for which the Court may not consider extrinsic evidence, or to affect the law regarding the Court’s interpretation of ambiguous governing instruments for trusts, for which the Court may consider extrinsic evidence, including any such letter of wishes. Section 5 of this Act adds new paragraph (32) to § 3325 of Title 12 to provide trustees of trusts with a statutory power to hire, retain, and compensate providers of programs and education for trust beneficiaries that may help prepare the beneficiaries for inheriting wealth, by helping to develop wealth-management skills, enhance beneficiary mental health and well-being, particularly as those areas may be impacted by the trust itself, and to reduce the potential for the trust to disincentivize the beneficiaries’ productivity or impact their mental health or well-being. The trustee may provide these programs and services or may hire and pay third parties or affiliates from the trust estate to provide these services and, in each case, without diminution of the trustee’s regular compensation to which the trustee would otherwise be entitled to receive for serving as trustee. Section 6 of this Act amends § 3339 of Title 12, regarding designated representatives, to do all of the following: (1) Provide specifically that when a trustor appoints a designated representative for beneficiaries, the appointment may be with respect to beneficiaries who are minors, who are incapacitated, who are unborn, or whose identities or locations are not known and not reasonably ascertainable. (2) Make clearer that when notice of the appointment is required to be given to parents of the represented person or to a guardian of the property of the represented person, the requirement applies only to those beneficiaries who are minors or who are incapacitated. Section 7 of this Act adds new § 3345 of Title 12 to enable trustors to create what is to be known as a “Beneficiary Well-Being Trust” by expressly referencing § 3345 of Title 12 in the trust’s governing instrument. Section 3345 of Title 12 recognizes a growing concern of trustors that while there are many advantages to passing wealth through generations in trust, such as tax savings, creditor protection, consolidated investment and management, and protection of assets from imprudent waste, trusts may grow in value so that considerable wealth may become available to the beneficiaries, sometimes before beneficiaries have had an opportunity to learn and know the value of money and the personal and social responsibilities that access to wealth entails. The purpose of the Beneficiary Well-Being Trust is to provide wealth management training and services for the beneficiaries’ mental health and well-being and to educate beneficiaries about their family history and legacy, family values and dynamics, family governance, and philanthropy, all as more fully described in § 3345 of Title 12. The governing instrument of a Beneficiary Well-Being Trust may provide for additional powers, duties, rights, and interests of the beneficiaries, trustees, and advisers to the fullest extent permissible under § 3303 of Title 12. The trustees and advisers of a Beneficiary Well-Being Trust may provide beneficiary well-being programs or may hire and pay third parties or affiliates from the trust estate to provide beneficiary well-being programs and, in each case, without diminution of the trustee’s or adviser’s regular compensation to which the trustee or adviser would otherwise be entitled to receive for serving as trustee or adviser. Section 8 of this Act amends § 3547 of Title 12, regarding virtual representation, to extend the principles of the section by allowing a designated representative of a beneficiary under § 3339 of Title 12 to represent virtually those whom the beneficiary could virtually represent, including, under the circumstances already permitted under § 3547 of Title 12, someone who is a minor, is incapacitated, is unborn, or whose identity or location is not known and not reasonably ascertainable; a presumptive remainder beneficiary of a trust; a contingent successor remainder beneficiary of a trust; the holder of a power of appointment over a trust; or the beneficiaries of a trust that is itself the beneficiary of another trust, if there is not a material conflict of interest between the designated representative and those who are to be virtually represented. Section 9 of this Act provides an effective date for this Act and makes clear that this Act applies to trusts created before, on, or after the effective date of this Act.