Rep. Sean Lynn

Due to continuing concerns over the negative health effects secondhand smoke will have on the youth of Delaware, this bill adds Smoking Restrictions within vehicles if a person under the age of eighteen (18) is in the vehicle. Also, it makes clear that a police officer will not stop or detain a car solely on suspicion of having violated this Statute.

Section 1 of this Act amends § 6504 of Title 10 to correct two erroneous cross-references (the cross-references will now correctly reference Title 12 rather than Title 10 of the Delaware Code). Section 2 of this Act corrects § 3301(d) of Title 12 by updating the definition of the term “fiduciary” to be consistent with 2019 updates to § 3322 of Title 12, the effect of which was that when an agent is delegated duties by a fiduciary, such delegation neither causes the agent to cease to be a fiduciary nor causes the agent to be a fiduciary. Section 3 of this Act amends § 3332(b) of Title 12 to add a cross-reference to, and incorporation of criteria from, § 3340 of Title 12, thereby emphasizing that satisfaction of the criteria of § 3340 of Title 12 means that a trust is administered in Delaware, but also emphasizing that § 3340 of Title 12 is a non-exclusive list of the criteria that may mean that a trust is administered in Delaware. Section 4 of this Act amends § 3338 of Title 12 to: (1) expressly state that a consent to a nonjudicial settlement agreement under this section must be in writing; (2) permit parties to issue a written nonobjection, rather than a written affirmative consent, to a nonjudicial settlement agreement under this section (much as parties can do under § 3342 of Title 12, which is a similar statute; and as also contemplated under Court of Chancery rules for consent petitions); (3) emphasize that the permitted subjects of a nonjudicial settlement agreement for a trust, including those expressly listed in subsection (e) of this section, remain subject to the material purpose requirement of subsection (c) of this section; (4) make it clearer that the ability of a nonjudicial settlement agreement to resolve the interpretation or construction of the terms of a trust under paragraph (e)(1) of this section applies to any (and not just all) of the terms of a trust; and (5) expressly state (and thus make it clearer) that, in addition to other types of modifications to the terms of a trust that were already expressly listed in subsection (e) of this section, the terms of a trust may be modified by a nonjudicial settlement agreement under this section—though, again, any such modification will continue to be subject to the “material purpose” requirement of subsection (c) of this section, as is already the case, including for those matters currently expressly listed in subsection (e) of this section. Section 5 of this Act amends § 3339 of Title 12 to make it clearer that: (1) a designated representative may be appointed via the methods specified in § 3339(a)(4) and (5) of Title 12, when those appointed under the methods given precedence under previous paragraphs of subsection (a) are not serving—in other words, when those appointed are unwilling or unable to serve (and not merely when such persons have been “appointed” in the sense of being named or nominated under the methods given precedence under previous paragraphs of subsection (a)); and (2) the limitation of § 3339(a)(4)b. of Title 12 that, in the stated circumstance under paragraph (4), does not allow a trustor to appoint a designated representative that is related or subordinate to the trustor, also applies to the trustor such that in such circumstance, the trustor cannot appoint himself or herself as the designated representative. Section 6 of this Act amends § 3340 of Title 12 to make it clearer that: (1) a trust’s satisfaction of any of the criteria listed in § 3340(1) through (3) of Title 12 conclusively means that the trust is administered in Delaware (such that satisfaction of such criteria does not lead merely to a rebuttable presumption); and (2) the criteria listed in § 3340(1) through (3) of Title 12 are not the exclusive means by which a trust is, or is considered to be, administered in Delaware. Section 7 of this Act amends § 3536 of Title 12 to make it clear that a former spouse of a trust beneficiary who has a claim against such beneficiary, such beneficiary’s estate, or such beneficiary’s property is considered a creditor of such beneficiary, thereby affording the beneficiary the protections of § 3536 of Title 12. The amendment is distinguishable from the factual situation addressed by, and is not intended to conflict with, Garretson v. Garretson, 306 A.2d 737, which held that a current spouse of a trust beneficiary who has a claim against such beneficiary is not considered a creditor of such beneficiary. Section 8 of this Act amends § 3570(4) of Title 12 to make it clearer that the term “disposition” under Delaware’s Qualified Dispositions in Trust Act can include a transfer to another trust (and not merely to a trustee or trustees). Section 9 of this Act amends § 3573 of Title 12 to provide that the limitations on qualified dispositions applicable to the spouse of a transferor as imposed by § 3572 of Title 12, do not include transfers to trusts for which the spouse: (1) is given (a) written notice of the transfer, (b) a copy of the Qualified Dispositions in Trust Act, (c) a copy of the trust instrument of the receiving trust, (d) a list of the property subject to the transfer, (e) disclosure of all material information relating to the value of such property; (f) disclosure of the estimated value of the property, and (g) the basis for such estimate; and (2) consents in writing to the transfer after receipt of the foregoing. Section 10 of this Act amends § 3585(c)(3) of Title 12 to update a cross-reference so that the current reference to § 3303(d) of Title 12 will now refer to § 3339 of Title 12, which is the more precise reference in light of recent statutory changes. Section 11 of this Act amends § 61-604(a)(5) of Title 12 to: (1) include limited liability companies and statutory trusts as entities whose ownership by certain types of charitable trusts will be treated in the same way as partnerships owned by such trusts; and (2) make it clearer that any of those types of entities will receive such treatment even if such entities are disregarded for federal income tax purposes. Section 12 of this Act amends § 1513 of Title 13 to make it clearer that a spouse’s beneficial interest in a trust created by another person is not included within the term “marital property,” which is defined by this statute, because such an interest falls within the statute’s exclusion of gifts from the term “marital property.” In addition, consistent with § 3315(b) of Title 12, language has been added to § 1513 of Title 13 to confirm that a discretionary interest in a trust is not a property interest under existing Delaware statutory law and, therefore, is not included in the definition of “property acquired” by a spouse (as such term “property acquired” is used in § 1513 of Title 13). Section 13 of this Act amends § 2704(e)(4) of Title 18 such that the term “trust-owned life insurance policy” now includes a policy owned by an entity that is disregarded for federal income tax purposes and that is wholly owned by a trust (in addition to such a policy that is directly owned by a trust). Section 14 of this Act provides an effective date.

In 2017, the federal Tax Cuts and Jobs Act (TCJA), Public Law No. 115-97, suspended many itemized deductions from individual federal taxes until January 1, 2026, including the itemized deduction for costs to maintain membership in a labor organization. Senate Bill No. 72 created a tax credit for resident individuals equal to the annual cost, not to exceed $500, to the individual to maintain membership in a labor organization. Senate Substitute No. 1 for Senate Bill No. 72 made the annual cost to a resident individual to maintain membership in a labor organization an itemized tax deduction, not to exceed $500. Senate Amendment No. 1 to SS 1 for SB 72 sunset this itemized deduction when the federal tax deduction for costs to maintain membership in a labor organization is restored. Like SS 1 for SB 72, Senate Substitute No. 2 for Senate Bill No. 72 creates an itemized tax deduction for the annual cost to a resident individual to maintain membership in a labor organization. SS 2 for SB 72 differs from SS 1 for SB 72 as follows: 1. It does not allow an individual to take this deduction if the individual has taken a deduction on their federal income tax return for any cost to maintain membership in a labor organization. 2. It clarifies that this exemption does not include payments that are not deductible under federal law for amounts paid to or through a labor organization for employee benefits, pension contributions, other compensation, or that were used in connection with lobbying or political expenditures, or settlement or investigatory costs or assessments of a government entity. 3. Does not define “labor organization”, because under § 1101 of Title 30, it has the same meaning as when used in federal law in reference to federal income taxes. If an individual deducts any cost to maintain membership in a labor organization from their federal income tax return, that deduction flows through to the state return. By limiting this deduction to individuals who have not taken a deduction on their federal income tax return for any cost to maintain membership in a labor organization, SS 2 for SB 72 does not need to sunset, because if federal law restores or creates a similar deduction in the future and an individual uses that deduction, the individual cannot claim the same deduction again on their state income tax return. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act prohibits food establishments from providing consumers with ready-to-eat food or beverages in polystyrene foam containers or with single-service plastic coffee stirrers, cocktail picks, or sandwich picks. It also prohibits food establishments from providing single-service plastic straws, unless requested by a consumer. These restrictions take effect on July 1, 2025. This Act provides the following exemptions to the prohibitions on single-service plastic implements and polystyrene foam containers: 1. The definition of "polystyrene foam food service packaging" excludes coolers or ice chests used for the processing or shipping of seafood and containers used to contain, transport, or package raw, uncooked, or butchered meat, poultry, fish, seafood, eggs, fruits, or vegetables. 2. The prohibition on plastic straws does not apply to patients or residents of hospitals or long-term care facilities and for plastic straws that are attached to pre-packaged goods, such as juice boxes. 3. The restriction on providing ready-to-eat food in polystyrene foam food service packaging does not apply to any of the following: • Fire companies. • Health-care providers that provide long-term, acute, and outpatient health-care services. • Nonprofit organizations, including religious institutions. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act requires that an owner be reimbursed up to $1,500 annually for veterinary care expenses paid by the owner for the care of a retired law-enforcement canine. The Department of Safety and Homeland Security shall issue veterinary care reimbursements and promulgate regulations to create a reimbursement process for retired law-enforcement canines from the State Police and Capitol Police. The State Fire Prevention Commission shall issue veterinary care reimbursements and promulgate regulations to create a reimbursement process for retired law-enforcement canines from the Office of the State Fire Marshal. The Department of Correction and the Department of Natural Resources and Environmental Control shall issue veterinary care reimbursements and promulgate regulations to create a reimbursement process for retired law-enforcement canines that assisted their respective divisions. This Act is effective immediately and shall be implemented 6 months after enactment. This Act does not apply to law-enforcement canines that retire before the implementation date of this Act.

This Act permits an individual who is a reproductive health care services provider or employee to apply for participation in Delaware's Address Confidentiality Program, which allows participants to keep their actual address confidential by applying to the Department of Justice for a substitute address to which all mail will be delivered. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act, known as the Delaware Climate Change Solutions Act of 2023, follows the issuance of Delaware’s Climate Action Plan in 2021, and establishes a statutory target of greenhouse gas emissions reductions over the medium and long term to mitigate the adverse effects of climate change due to anthropogenic greenhouse gas emissions on the State. The Act establishes a process of regular updates to the Climate Action Plan to serve as the framework to achieve the targeted emissions reductions and develop resilience strategies for the State, creates Climate Change Officers in certain Key Cabinet-Level Departments who will assist DNREC in the ongoing implementation of the Climate Action Plan, requires State agencies to consider climate change in decision-making, rulemaking, and procurement, and requires an Implementation Report every 2 years on the progress of the State towards meeting the statutory targets.

Currently, every adult operating or riding as a passenger on a motorcycle is required to have a helmet in their possession and wear eye protection while operating or riding a motorcycle and every person up to 19 years of age must wear a helmet and eye protection. This Act requires that everyone who obtains a new endorsement for a motorcycle on or after the effective date of this Act, or someone riding with the newly endorsed person, to wear a helmet and eye protection for the first 2 years after the newly endorsed person receives the endorsement. In 2022, Delaware experienced 10 motorcycle fatalities where the rider was not wearing a helmet. Over the last 5 years, among crashes involving a Delaware licensed motorcycle rider, 25% of fatal and serious injury crashes involved a rider in their first 2 years of having a motorcycle endorsement. Helmets and eye protection are already required for those operating with a temporary motorcycle instruction permit as required under § 2703 of Title 21 of the Delaware Code and no passengers are allowed. Nineteen states and the District of Columbia currently require all motorcyclists to wear a helmet. According to research from the National Highway Traffic Safety Administration, helmets are highly effective in protecting motorcycle riders’ heads in crashes and significantly reduce deaths and serious head injuries in crashes. This Act creates a civil penalty for violation of the helmet law, both the existing law and the law created by this Act.

This Act resolves ambiguities in the current law and confirms the ability of a spouse who owns real property as tenant by the entirety, acting alone, to convey that spouse’s interest in such real property to both spouses, as tenants by the entirety or otherwise, or to the other spouse.

This Act requires law-enforcement agencies, the Department of Services for Children, Youth and Their Families, and the Department of Justice to report suspected animal cruelty to the Office of Animal Welfare that is discovered while performing their responsibilities in child welfare cases. This Act also provides immunity to people who in good faith, report suspected animal cruelty. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.