Sen. Brian J. Bushweller

This Act requires that the Office of Child Care Licensing include application forms, the specific requirements to obtain a license, and due process provisions in regulations to ensure that child care providers have clear notice of what is required, the opportunity to comment on proposed changes, and an opportunity to correct minor deficiencies before they are posted on the Office of Child Care Licensing’s website as an instance of noncompliance. This Act also repeals language regarding implementation of the current section that is no longer necessary. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

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.

In January of 2018 the federal government passed the Federal Register Printing Savings Act, which included a moratorium in calendar year 2019 on a fee paid by health insurance companies or health service corporations to the federal government. The State of Delaware wants to ensure that savings received by the health insurers are passed along to Delaware consumers who buy health insurance plans in the individual market both on and off the health exchanges created by the Patient Portability and Affordable Care Act of 2010. This resolution requires health insurers who received this moratorium to file a report with the Secretary of the Department of Health and Social Services and the Insurance Commissioner of Delaware no later than January 2, 2019 outlining how they passed along savings to Delaware consumers.

This bill increases the annual assessment to each insurance company admitted or authorized to transact the business in Delaware from $750 to $900 for the costs of administration and operation of the Insurance’s Fraud Prevention Bureau.

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.

The Division of Forensic Science (“Division”) produces numerous postmortem examination reports, autopsy reports, and laboratory reports annually. Given the high volume, and consistent with National Association of Medical Examiners accreditation standards, this Act expands the period of time within which the Medical Examiner must complete a written report from 30 to 90 days. In addition, while “next of kin” is defined for purposes of the authority to provide corneas to eye banks, other references to “next of kin” in Chapter 47 of Title 29 (regarding the Division’s authority) are undefined. This Act provides a clear definition for Division employees and the public regarding who qualifies as “next of kin” and is intended to ensure that the confidential reports prepared by the Division are released only to the appropriate individual.

This Act updates the Delaware Insurance Guaranty Association (DIGA) Act to more closely align it with the National Association of Insurance Commissioners (NAIC) and National Conference of Insurance Guaranty Funds (NCIGF) Model Acts. DIGA in a non-profit association, established under Chapter 42, Title 18 of the Delaware Code as a safety net to protect residents of this state when a covered property and casualty claim arises from an insolvency of a member insurance company. DIGA is fully funded by assessments levied on member insurance companies and remaining assets from insolvent insurance companies. Section 1 clarifies the types of insurance that do not fall under this chapter. Section 2 clarifies the definition of what is excluded from the definition of a “covered claim” and adds “ocean maritime insurance” to this chapter. Section 3 provides for an increase in the maximum amount of covered claims from $300,000 to $500,000 (workers compensation coverage remains unlimited) and specifies when the Association would be relieved of any obligation to defend an insured on a covered claim. Section 3 permits procedures to be established for DIGA to retrieve net worth information from an insured, with consequences if the information is not provided in a timely basis. Section 3 also provides DIGA with the ability to bring an action against any third-party administrator or other party who refuses to release information related to an insolvent company interfering with DIGA’s ability to carry out its duties. Section 3 also provides DIGA with the authority, subject to approval by the Commissioner, to provide claims-handling services to any “run-off insurer” provided the Association expenses related thereto are fully reimbursed. Section 4 renames § 4212 (formerly non-duplication of recovery) and clarifies that all other insurance coverage (excluding Medicare) is primary to DIGA coverage. Section 5 removes unecessary language regarding the Board of Director’s functions in relation to making recommendations on the status of member insurers. Section 6 provides the Board of Directors the right to request financial and other information from the liquidator, receiver, or statutory successor of an insolvent insurer covered by this chapter.

This Act restores the Delaware Prescription Drug Payment Assistance Program (“Program”), which was eliminated in the Fiscal Year 2018 Annual Appropriations Act. This Act replaces Senate Bill 148 and makes the following additional changes: (1) Delays implementation of the Act until January 1, 2019, to coordinate with the Medicare Part D benefit year to enable the Department of Health and Social Services (“Department”) to make necessary system changes. (2) Makes changes to the defined term “prescription drugs.” (3) Removes provisions required to be included in rules and regulations promulgated by the Department. (4) Adds provisions that may be included in rules and regulations promulgated by the Department. (5) Makes technical corrections to conform the provisions of the restored Program to the standards of the Delaware Legislative Drafting Manual.

This is a housekeeping bill to codify the existing practices with administering the Municipal Street Aid program.