Fabio
76 lines
6.6 KiB
Markdown
76 lines
6.6 KiB
Markdown
---
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type: "Bill"
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title: "AN ACT TO AMEND TITLES 12,25 AND 30 OF THE DELAWARE CODE RELATING TO DECEDENTS’ ESTATES AND FIDUCIARY RELATIONS, PROPERTY AND STATE TAXES."
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description: "Section 1 of the Act (i) clarifies that the defined term “agents”, as used in chapter 33 of title 12, consistent with common usage of the term, includes all agents defined as such by the general law of agency; (ii) modifies section 3312 to provide that the rules of that section, permitting certain investments and transactions with affiliates, apply in cases where the investment or counterparty to the transaction is affiliated with an agent having discretionary investment authority over a fund either by reason of a delegation to the agent by a fiduciary or by reason of a direct grant of such discretion to the agent; (iii) adds a new section 3313A, patterned upon section 3313, regarding the duties and liability of a trustee in cases where the trust instrument grants another co-trustee exclusive authority to take specified actions on behalf of the trust; (iv) grants trustees the general power to indemnify lenders as customary commercial loan documents sometimes require such indemnities; (v) clarifies the circumstances in which a trustee may merge trusts pursuant to section 3325(29); (vi) corrects typographical errors in sections 3332 and 3333; (vii) clarifies the circumstances in which certain trust beneficiaries may appoint a successor trustee pursuant to section 3336; (viii) makes section 3338 regarding nonjudicial settlement agreements available to charitable trusts and noncharitable purpose trusts subject to certain limitations described therein; (ix) revises section 3341 to address how a trust merger affects a power of appointment exercisable over property of a trust merged with and into another trust; and (x) revises section 3342 to make certain stylistic changes and address the power of an agent or guardian to consent to a trust modification on behalf of a trustor."
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jurisdiction: "us/states/de"
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legislature: "Delaware General Assembly"
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session: "149"
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identifier: "HB 169"
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citation: "Delaware HB 169 (149)"
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classification: ["bill"]
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subjects: []
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status: "enacted"
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primary_sponsors: ["Brian J. Bushweller", "Bryan Townsend", "Bryon H. Short", "Melanie George Smith", "Sean M. Lynn", "Stephanie L. Hansen"]
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version_count: 1
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action_count: 7
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vote_count: 2
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first_action: "2017-05-10"
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last_action: "2017-08-30"
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source: "openstates"
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source_identifier: "ocd-bill/3d5b0ed7-b18a-47b5-97ae-ac4526788a79"
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source_url: "https://legis.delaware.gov/BillDetail?LegislationId=25759"
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source_hash: "5e1f2c3a18c0488aac3042e466b85e0adf701879d745c2e44cab4a8d20e47a71"
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vintage: "2026-07-01"
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source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
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retrieved_at: "2026-07-06"
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confidence: "reported"
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tags: ["legislation", "bill", "us-de"]
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---
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# Delaware HB 169 (149) — AN ACT TO AMEND TITLES 12,25 AND 30 OF THE DELAWARE CODE RELATING TO DECEDENTS’ ESTATES AND FIDUCIARY RELATIONS, PROPERTY AND STATE TAXES.
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Section 1 of the Act (i) clarifies that the defined term “agents”, as used in chapter 33 of title 12, consistent with common usage of the term, includes all agents defined as such by the general law of agency; (ii) modifies section 3312 to provide that the rules of that section, permitting certain investments and transactions with affiliates, apply in cases where the investment or counterparty to the transaction is affiliated with an agent having discretionary investment authority over a fund either by reason of a delegation to the agent by a fiduciary or by reason of a direct grant of such discretion to the agent; (iii) adds a new section 3313A, patterned upon section 3313, regarding the duties and liability of a trustee in cases where the trust instrument grants another co-trustee exclusive authority to take specified actions on behalf of the trust; (iv) grants trustees the general power to indemnify lenders as customary commercial loan documents sometimes require such indemnities; (v) clarifies the circumstances in which a trustee may merge trusts pursuant to section 3325(29); (vi) corrects typographical errors in sections 3332 and 3333; (vii) clarifies the circumstances in which certain trust beneficiaries may appoint a successor trustee pursuant to section 3336; (viii) makes section 3338 regarding nonjudicial settlement agreements available to charitable trusts and noncharitable purpose trusts subject to certain limitations described therein; (ix) revises section 3341 to address how a trust merger affects a power of appointment exercisable over property of a trust merged with and into another trust; and (x) revises section 3342 to make certain stylistic changes and address the power of an agent or guardian to consent to a trust modification on behalf of a trustor.
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## Version chain
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The bill's text revisions, in order — the diff chain from filing to enrollment.
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1. **Bill Text** (committee substitute) — [source](https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocument?legislationId=25759&legislationTypeId=1&docTypeId=2&legislationName=HB169)
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## Votes
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- SM — **19–0** (pass) · upper
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- SM — **34–0** (pass) · lower
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## Sponsors
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- Brian J. Bushweller — primary (person)
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- Bryan Townsend — primary (person)
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- Bryon H. Short — primary (person)
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- Melanie George Smith — primary (person)
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- Sean M. Lynn — primary (person)
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- Stephanie L. Hansen — primary (person)
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- Anthony Delcollo — cosponsor (person)
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- David P. Sokola — cosponsor (person)
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- Helene M. Keeley — cosponsor (person)
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- Michael Ramone — cosponsor (person)
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- Quinton Johnson — cosponsor (person)
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- Trey Charles Paradee — cosponsor (person)
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## Timeline
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The legislative action history — every referral, reading, and vote.
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- **2017-05-10** Introduced and Assigned to Economic Development/Banking/Insurance/Commerce Committee in House `introduction, referral-committee`
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- **2017-05-17** Reported Out of Committee (Economic Development/Banking/Insurance/Commerce) in House with 8 On Its Merits `committee-passage`
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- **2017-06-15** Passed By House. Votes: 34 YES 6 ABSENT `passage`
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- **2017-06-15** Assigned to Banking, Business & Insurance Committee in Senate `introduction, referral-committee`
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- **2017-06-21** Reported Out of Committee (Banking, Business & Insurance) in Senate with 5 On Its Merits `committee-passage`
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- **2017-07-01** Passed By Senate. Votes: 19 YES 2 ABSENT `passage`
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- **2017-08-30** Signed by Governor `executive-signature`
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## Source
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OpenStates / OpenCivicData bulk snapshot [2026-07-01](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/3d5b0ed7-b18a-47b5-97ae-ac4526788a79`. Confidence: reported (aggregated from official Delaware legislature records).
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