Bill Text: DE SB81 | 2009-2010 | 145th General Assembly | Draft
Bill Title: An Act To Amend Title 16 Of The Delaware Code Requiring Restaurants To Display Nutrition Information For Food And Beverage Items Offered For Sale.
Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: (Enrolled - Dead) 2010-01-27 - Introduced and Assigned to Economic Development/Banking/Insurance/Commerce Committee in House [SB81 Detail]
Download: Delaware-2009-SB81-Draft.html
SPONSOR: |
Sen. DeLuca & Rep. B. Short & Rep. Hudson |
|
Sens. Blevins, Bonini & Hall-Long; Reps. Bennett, George, Keeley & Willis |
DELAWARE STATE SENATE 146th GENERAL ASSEMBLY |
SENATE BILL NO. 81 |
AN ACT TO AMEND TITLE 12 OF THE DELAWARE CODE RELATING TO THE SALE OF DISABLED PERSON'S REAL ESTATE. |
Section 1. Amend §3951, Title 12, Chapter 39 of the Delaware Code by striking subsection (b) and substituting in lieu thereof the following:
"(b) Whenever application for such a sale is made by a guardian, the Court shall appoint an appraiser of real estate, licensed and certified pursuant to Delaware law, to perform an appraisal of the real property to be sold. The appraiser appointed shall be independent of the parties to the sale and disinterested in the transaction. The appraised value shall be used by the Court as a guideline when considering an application for the sale of real estate by a guardian of a disabled person and the Court shall determine in its discretion, based on the appraisal and all other relevant circumstances, whether the requested sale is in the best interest of the disabled person."
SYNOPSIS
This Bill gives the Court of Chancery increased discretion in determining whether it should approve a suggested price for a proposed sale of a disabled person's real estate. Currently, the Chancery Court is required in most cases to set the minimum price allowable as the price set by the appraiser. This Bill will allow Chancery to take into account all relevant circumstances, including the appraisal and the best interest of the disabled person, in determining whether to approve a proposed sale. |
Author: Senator DeLuca