The state is currently funding service providers at 75% of the market rate established in a 2014 study that was done by DHSS. This bill would mandate an increase in the rates paid to service providers according to the recommendations of the market study, so that by fiscal year 2021 the state would fund service providers at 100% of the benchmarked rate. These rate increases are necessary to increase the hourly wages of Direct Support Professionals (DSPs), to improve recruitment and retention of these positions, to decrease staff turnover, and to decrease position vacancies. Along with the corresponding costs for program oversight, direct supervision of DSPs, and training, stabilizing the DSP workforce with increased pay is essential to keep people with I/DD safe and integrated to the maximum extent possible in their local communities. The bill also requires that the adequacy of the rate system be evaluated against performance measures that are commonly used to assess program quality.
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This bill creates a special license plate for honorably discharged veterans of the United States military.
This bill allows first-time home buyers to pay their portion of the realty transfer tax at the rate that was in effect prior to the increase that took effect on August 1, 2017. The credit is calculated as 0.5% of the first $400,000 in home value, with a maximum allowable credit of $2,000. This legislation is retroactive for any first-time home buyer who entered into a transaction for the transfer of real estate on or after August 1, 2017. The seller in any transaction with a first-time buyer will still pay the current tax rate. The bill also removes a provision that applied to contracts entered into prior to 1971, since such provision is no longer relevant. For ease of application, the new definition of "first-time home buyer" is cross-referenced in the already existing Code provision directing the counties to exempt such buyers from any county-imposed realty transfer tax. This reduction in the tax rate for first-time home buyers will be effective for transactions entered into on or after the effective date of this Act.
This Act exempts the transfer of real estate acquired by foreclosure or deed in lieu of foreclosure from nonresident income tax withholding requirements. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This bill amends various sections of the Delaware Uniform Commercial Code (the “Act”) to keep it current. The following is a section-by-section review of the proposed amendments of the Act. Section 1. This section amends Section 1-201(b)(27) of the Act to expressly include series of the other types of persons listed in such section as persons under the Act. Section 2. This section amends Section 9-102(a)(71) of the Act to expressly provide that a series of a registered organization constitutes a registered organization if the series is organized under the law of a single State and the statute of the State governing the series requires that a public organic record of the series be filed with the State. Section 3. This section provides that the proposed amendments shall become effective August 1, 2019.
This bill makes the following changes to Delaware Statutory Trust Act (the “Act”) to keep it current and to maintain its national preeminence. The following is a section-by-section review of the proposed amendments of the Act. Section 1. This section amends § 3801(a) of the Act to further the State of Delaware’s initiative to implement policies enhancing the State’s position as a leader in the adoption of distributive electronic network and database technologies (including what is commonly referred to as “blockchain” or “distributed ledger technology”) by providing that the registration of a beneficial interest in a statutory trust may be evidenced electronically, including by means of an electronic database or network, including distributed electronic networks or databases. Section 2. This section amends § 3802(b) of the Act to correct a typo. Section 3. This section amends § 3803(c) of the Act to clarify that protection from personal liability extends to any person to whom a trustee has delegated its rights, powers or duties to manage and control the business and affairs of the statutory trust pursuant to § 3806(i) of the Act, and to include the trustees in the list of persons who are excluded from the confines of § 3803(c) of the Act, in each case except to the extent otherwise provided in the governing instrument. Section 4. This section amends § 3804(a) of the Act to make a clarifying change to the wording of such section. Section 5. This section amends § 3806(b)(7) of the Act to remove the default duty of the trustee to choose and supervise the officers, managers, employees or other persons of such agents and independent contractors of the statutory trust, or delegates of the trustee appointed, elected or engaged to manage the business and affairs of the trust, such default duty being replaced by new § 3806(m). Section 6. This section amends § 3806(f)(2) of the Act to further the State of Delaware’s initiative to implement policies enhancing the State’s position as a leader in the adoption of distributive electronic network and database technologies (including what is commonly referred to as “blockchain” or “distributed ledger technology”) by providing that a vote or a proxy of the beneficial owners may be provided by electronic transmission, including by use of electronic networks or databases, including distributed electronic networks or databases. Section 7. This section amends § 3806(g)(2) of the Act to further the State of Delaware’s initiative to implement policies enhancing the State’s position as a leader in the adoption of distributive electronic network and database technologies (including what is commonly referred to as “blockchain” or “distributed ledger technology”) by providing that the vote of the trustees may be provided by electronic transmission, including by use of electronic networks or databases, including distributed electronic networks or databases. Section 8. This section amends § 3806(i) of the Act to clarify that a trustee may delegate its duties to manage and control the business and affairs of the statutory trust. Section 9. This section amends § 3806(k) of the Act to clarify that a person to which a trustee has delegated its rights, powers or duties to manage the business and affairs of the statutory trust under § 3806(i) shall be provided protections for good faith reliance on certain records, information opinions, reports or statements obtained in the performance of its delegated duties. Section 10. This section amends § 3806 of the Act to provide for the circumstances in which a trustee’s duties and liabilities will be limited for the actions of an officer, employee, manager or other person acting pursuant to § 3806(b)(7) or a delegate acting pursuant to § 3806(i) of the Act. This section further provides for the default standard of care required of any person acting pursuant to § 3806(b)(7) and § 3806(i) of the Act. Section 11. This section amends § 3808(c) of the Act to recognize that an affirmative vote or written consent are not the sole methods of approval by the beneficial owners. Section 12. This section amends § 3808(g) of the Act to clarify that § 3808(g) only applies to series formed in accordance with § 3804(a). Section 13. This section amends § 3810(d) of the Act to remove the undefined term “entity” and replace it with “Person,” a term defined in § 3801(f) of the Act. Section 14. This section amends § 3812(f) of the Act to remove the undefined term “entity” and replace it with “Person,” a term defined in § 3801(f) of the Act. Section 15. This section amends § 3814(a) of the Act to further restrict the use of names of statutory trusts to those that can be distinguished from registered series of limited liability companies. Section 16. This section amends § 3815(b) of the Act to remove the undefined term “entity” and replace it with “Person,” a term defined in § 3801(f) of the Act. Section 17. This section amends § 3815(e) of the Act to remove the undefined term “entity” and replace it with “Person,” a term defined in § 3801(f) of the Act. Section 18. This section amends § 3815(g) of the Act to remove the undefined term “entity” and replace it with “Person,” a term defined in § 3801(f) of the Act. Section 19. This section amends § 3819(d) of the Act to further the State of Delaware’s initiative to implement policies enhancing the State’s position as a leader in the adoption of distributive electronic network and database technologies (including what is commonly referred to as “blockchain” or “distributed ledger technology”) by providing that the records of a statutory trust may be maintained by means of any information storage device, method or an electronic database or network, including distributed electronic networks or databases. Section 20. This section amends § 3820(f) of the Act to remove the undefined term “entity” and replace it with “Person,” a term defined in § 3801(f) of the Act. Section 21. This section amends § 3821(d) of the Act to clarify that the rights or securities of, or interests in a statutory trust which is to be converted may be exchanged for or converted into cash, property, rights or securities of, or interests in, another statutory trust. Section 22. This section amends § 3821(h) of the Act to remove the undefined term “entity” and replace it with “Person,” a term defined in § 3801(f) of the Act. Section 23. This section amends § 3822(i) of the Act to remove the undefined term “entity” and replace it with “Person,” a term defined in § 3801(f) of the Act. Section 24. This section amends § 3822(j) of the Act to remove the undefined term “entity” and replace it with “Person,” a term defined in § 3801(f) of the Act. Section 25. This section amends § 3823(e) of the Act to remove the undefined term “entity” and replace it with “Person,” a term defined in § 3801(f) of the Act. Section 26. This section amends § 3823(f) of the Act to remove the undefined term “entity” and replace it with “Person,” a term defined in § 3801(f) of the Act. Section 27. This section amends § 3823(g) of the Act to remove the undefined term “entity” and replace it with “Person,” a term defined in § 3801(f) of the Act. Section 28. This section provides that the proposed amendments of the Act shall become effective August 1, 2018.
Section 1 of the Act addresses statutes under Chapter 49 of Title 10 and (i) amends the title of section 4915 (but makes no substantive changes to the statute); and (ii) modifies section 4916 to provide that plans similar to the Delaware College Investment Plan and the Delaware Achieving a Better Life Experience Plan, but created under the laws of other states, are similarly exempt from the execution or attachment process in Delaware. Section 2 of the Act modifies section 6504 of Title 10 by: (i) providing that advisers and protectors under section 3313(a) of Title 12, and designated representatives under section 3339 of Title 12, are among those persons who may have a declaration of rights or legal relations in respect to the subjects currently enumerated in the statute; and (ii) making minor grammatical clarifications. Section 3 of the Act transfers certain statutes affecting the construction of trusts’ governing instruments from Chapter 2 of Title 12 (which governs wills) to Chapter 33 of Title 12 (which governs trusts) so that these statutes will be more readily accessible as a part of Delaware’s nationwide trust practice, and therefore cross-references the transferred statutes for purposes of the construction of wills. Section 4 of the Act addresses statutes under Chapter 33 of Title 12 and (i) clarifies that the definitions of section 3301 also apply to Chapters 35, 39, and 45 of Title 12, and to any other Delaware laws specifically incorporating section 3301 or the laws of trusts generally; (ii) clarifies that the definition of “fiduciary” as used in other sections of Title 12 also includes advisers or protectors acting in a fiduciary capacity under section 3313(a) of Title 12 and designated representatives acting in a fiduciary capacity under section 3339 of Title 12; (iii) defines in section 3301 the term “nonfiduciary” as used in other sections of Title 12; (iv) clarifies that sections 3302 and 3303 authorize sustainable investment strategies; (v) clarifies that section 3302’s protections of fiduciaries who do not have control over assets, or whose control is subject to the direction of a direction adviser, also apply to fiduciaries whose control is subject to the direction of a co-trustee or to fiduciaries whose co-trustees have exclusive authority over investment decisions; (vi) clarifies section 3313 such that only loans not in the nature of distribution decisions are considered to be investment decisions for purposes of directed trusts; (vii) modifies section 3313 by adding a new subsection (g), which provides that persons accepting appointment, or serving, as trust advisers submit to personal jurisdiction of this State, thereby paralleling the Uniform Trust Code; (viii) clarifies that under section 3313A, an excluded co-trustee is a fiduciary only with respect to powers from which such co-trustee is not excluded, and thus is not a fiduciary as to powers from which such co-trustee is excluded; (ix) clarifies that section 3317’s requirement for co-fiduciaries to keep each other informed also extends to nonfiduciaries with powers relating to a trust; (x) clarifies that section 3317’s protections for fiduciaries and nonfiduciaries providing information to co-fiduciaries or co-nonfiduciaries also extend to fiduciaries and nonfiduciaries receiving information from cofiduciaries or co-nonfiduciaries; (xi) clarifies that section 3323’s “majority rules” provisions relating to decisions among three or more co-fiduciaries also extend to decisions among three or more co-nonfiduciaries, and apply to powers vested in three or more such persons by a governing instrument or by law; (xii) transfers certain statutes affecting the construction of trusts’ governing instruments from Chapter 2 of Title 12 (which governs wills) to Chapter 33 of Title 12 (which governs trusts), and specifically to section 3330 (whose title is accordingly clarified), so that these statutes will be more readily accessible as a part of Delaware’s nationwide trust practice; (xiii) clarifies that section 3330 applies to trusts’ governing instruments generally (and not just wills or trust instruments); (xiv) clarifies that nonjudicial settlement agreements under section 3338 may resolve or address the removal of a trustee; (xv) clarifies section 3341 to provide that where substantially identical powers of appointment exist between two merged trusts, such powers applicable to the surviving trust before the merger shall extend to all of the assets within the surviving trust after the merger, unless the instrument of merger specifies otherwise, and also to clarify that section 3341 does not address the validity or effect of written instruments executed before trust mergers that purport to exercise powers of appointment over trusts; and (xvi) clarifies that modification of a trust under section 3342 permits both the addition of new provisions that were not included in the governing instrument previously as well as the modification of existing provisions that were included in the governing instrument previously. Section 5 of the Act addresses statutes under Chapter 35 of Title 12 and (i) reorders section 3524 to clarify when accountings for testamentary trusts are required to be filed with the Court of Chancery; (ii) modifies section 3528, such that exercises of powers to invade principal or income or both of a trust under that section need only be signed, and no longer need be acknowledged or filed with the records of the trust; (iii) modifies section 3536 so that a trustor may release a beneficial interest that is contingent on surviving the trustor’s spouse, so as to accelerate the next succeeding beneficial interests, thereby overturning Delaware common law to the contrary; (iv) clarifies the execution requirements for a trust’s governing instrument under section 3545; (v) clarifies section 3547 to define contingent successor remainder beneficiaries, define when such beneficiaries are more remote than others, and define when such beneficiaries may virtually represent more remote such beneficiaries; (vi) consistent with the Uniform Trust Code, modifies section 3547 to permit holders of general powers of appointment and the broadest form of nongeneral powers of appointment to virtually represent takers in default absent a conflict of interest; (vii) modifies section 3547 to allow a parent to virtually represent an unborn beneficiary (consistent with the Uniform Trust Code), and to provide that a virtual representative who represents a minor or incapacitated or unborn beneficiary and who, under the statute’s existing language, may therefore also represent an unborn or unascertainable person who has an interest in the trust substantially identical to that of the minor or incapacitated or unborn beneficiary represented by such virtual representative, may now also represent a minor or incapacitated or unborn person who has an interest in the trust substantially identical to that of the minor or incapacitated or unborn beneficiary represented by such virtual representative; (viii) clarifies section 3547 to provide that for purposes of virtually representing a trust that is a beneficiary of another trust, a trustee of an existing beneficiary-trust, or those who would be the beneficiaries under the terms of a beneficiary-trust not yet in existence, may virtually represent such beneficiary-trust; (ix) clarifies the definition of “trustee” in section 3580 for purposes of Subchapter VII of Chapter 35; (x) clarifies that sections 3585 and 3588 govern statutes of limitations applicable to any person interested in a trust (and not just beneficiaries) and to any claim against a trustee (and not just breach of trust claims); (xi) modifies the statute of limitations applicable to claims against a trustee from two years after a report is sent to a person to one year after such report is sent, to align such period with the Uniform Trust Code (unless the trust’s governing instrument specifies a period longer than one year, in which case the governing instrument shall control); and (xii) clarifies that section 3588 does not require consideration for indemnifications of trustees. Section 6 of the Act clarifies, within Section 505 of Title 25, that exercises of nongeneral powers of appointment to a donee’s revocable trust, for the benefit of proper objects of the power, are not rendered invalid by such appointment, and thus are deemed to create a separate trust within such revocable trust that is not subject to the creditors of the donee, the donee’s estate, or the donee’s revocable trust. Section 7 of the Act repeals sections 2725 and 2728 of Title 18 because they have been superseded by recent amendments to section 4915 of Title 10. Section 8 of the Act provides effective dates.
This bill permits the Council of the City of Newark to impose and collect a lodging tax of no more than 3 percent on hotel and motel rooms located in the City of Newark so long as it is approved by a majority of the council pursuant to the provisions of the Charter of the City of Newark.
This bill provides for a residential electrician license. A residential electrician license allows for a person to conduct residential electrical work without having to be under the direct onsite supervision of a licensed master electrician, master electrician special, limited electrician, limited electrician special or journeyperson electrician. Electricians with a residential electrician license are permitted to perform electric work performed on or within a residential dwelling or building prior to the dwelling or building being connected to the electric grid, or work to or beyond the breaker panel or fuse box in a residential dwelling or building, or residential low voltage electric work.
This Act requires that health insurance offered in this State provide coverage for fertility care services, including in vitro fertilization ("IVF") procedures, for individuals who suffer from a disease or condition that results in the inability to procreate or to carry a pregnancy to a live birth. This Act also requires that health insurance offered in this State provide coverage for fertility preservation for individuals diagnosed with cancer and other diseases, when medically necessary treatment could adversely affect their fertility. Like all other diseases, infertility should be covered by insurance. According to the National Infertility Association, RESOLVE, infertility affects 1 in 8 couples and 3 in 4 never obtain needed treatment, often because they cannot afford it. Everyone deserves the right to procreate and to try to build a family. Right now, many Delaware families diagnosed with infertility fall into a “coverage gap” and pay out-of-pocket for fertility care services. Only certain employers provide any fertility care coverage in Delaware and what they do provide is often very limited. Families generally must pay high co-pays or adhere to service restrictions and lifetime dollar caps that strictly limit their treatment options, and thus make it unaffordable for many of them to proceed without risking their financial security or without achieving a successful pregnancy. For example, 1 IVF cycle can cost between $15,000 and $25,000 and, on average, it takes 2 to 3 cycles to achieve pregnancy. Additionally, highly inflated managed care pharmacy prices for IVF medications, where families with coverage can pay as much as 100% more for medications compared to prices charged to self-pay families, often contribute to 25-50% or more of total IVF costs, which can quickly drain lifetime caps and severely limit overall IVF care options. According to the National Conference of State Legislatures, 15 states currently have laws regarding insurance coverage for infertility diagnosis or treatment, including 2 states that border Delaware, New Jersey and Maryland. This puts the State at a significant competitive disadvantage, as many reproductive age residents intentionally change employers and leave Delaware to gain more attractive fertility care benefits. It is also well-documented that individuals who self-pay for an IVF procedure, or have limited benefits, often demand that 2 or more embryos be transferred to their uterus. This greatly increases the risk of multiple births and is a dangerous and costly approach for heavily burdened health care resources, and can be completely avoided with greater access to covered fertility care services. Studies show that states with insurance coverage have a lower rate of multiple births because fewer embryos are transferred. This Act requires insurers to cover fertility care services based on the current standard of care for IVF treatments to achieve pregnancy success rates for singleton births at the lowest possible costs. This will greatly reduce the risk of multiple births and greatly reduce hospital and health care costs, thus saving employers money. Several recent studies have found that the cost of perinatal and neonatal care for twins is about $100,000, whereas singleton pregnancies cost about $13,000. Triplet pregnancies can cost $400,000 or more. For every 100 pregnancies from IVF that are singletons but could have been twins, about $8.7 million dollars is saved, on top of reduced pain and suffering for parents and premature babies. This Act would significantly reduce this high financial and societal burden by promoting IVF technologies that use single-embryo transfers. This Act could increase the number of persons treated for infertility, but also increase the number of babies born in Delaware by 2-300 per year, thus increasing the state’s birth rate by 1-2% and providing a boost to the local economy, while also decreasing health care costs.