HB 465

Abstract

In January 2018, the Code Revisors provided the General Assembly with a list of potential technical corrections that they identified as they revised the Delaware Code to reflect legislation that was enacted by the 149th General Assembly in 2017 or as they reviewed titles of the Code. While technical in nature, these changes are beyond the authority of the Code Revisors to make and can only be done by the General Assembly through legislation. This Act requires a three-quarters vote, erring on the side of caution if any of the sections of the Delaware Code being revised require a super-majority vote. Section 1. HS 1 for HB 180 revised the manner in which notice of a data breach must be provided. As written, notice must only be provided on a webpage if the person providing notice has only 1 webpage. This Section corrects this sentence by adding “or more” before “webpage.” Section 2. HB 190 revised the Coastal Zone Act and includes a reference to the “Delaware Hazardous Substances Control Act” but there is no Delaware law with that name. This Section corrects this reference to the Delaware Hazardous Substance Cleanup Act. Section 3. HB 175 altered the fees assessed by the Secretary of State. As written, it is unclear if the paragraph being moved in this Section applies to all of subsection (c) or to only paragraph (c)(2). Moving this paragraph and designating it as paragraph (c)(4) clarifies that it applies to all of subsection (c). Section 4. HB 93 revised the licensing statue for security businesses and security systems, eliminating the term "security business." This Section updates the reference to security businesses in § 2807 of Title 10. Section 5. SB 55 replaced the term “security officer" in § 1302 of Title 24 with "private security guard" but the term “security officer" remains in § 1457 of Title 11. This Section revises § 1457 to use the term “private security guard." Sections 6 and 7. HB 47 changed the document required to obtain an absentee ballot from an affidavit to a statement. These Sections correct references in Title 14 from affidavit to the new statement. Section 8. HS 1 for HB 143 repealed § 1210 of Title 14 and redesignated the former § 1210A to § 1210. A reference in the former § 1210A to § 1210 was not updated in HS 1 for HB 143. This Section corrects this internal reference. Section 9. SB 102 consolidated laws related to child abuse and child sexual abuse training and detection, suicide prevention, bullying, criminal youth gang detection, and teen dating violence and sexual assault into one subchapter of Chapter 41, Title 14 of the Delaware Code. In this consolidation, § 4112D of Title 14 became § 4164 of Title 14, but 2 references to this section were not updated to reflect the change. This Section corrects these internal references. Section 10. This issue was discovered by the Code Revisors during a general review of Title 16 for the 2017 replacement volume for Volume 9 of the Delaware Code. Section 3121 of Title 16 has references to § 804 of Title 13 which was repealed in 2002. This Section corrects these internal references. Section 11. SB 55 revised the requirements for licensure as a private investigator and for private security agencies. In § 1329(a)(4) there is a list of statutes for which criminal charges or convictions are grounds for sanctions. As written, the statute provides that there need to be charges or convictions of all of the criminal statutes listed instead of any of the statutes. This Section corrects that error. Section 12. SB 55 revised the requirements for licensure as a private investigator and for private security agencies. This Section corrects the reference to the Administrative Procedures Act in § 1329 of Title 24. Section 13 through Section 15. SB 39 revised the Board of Medical Licensure and Discipline to enact the recommendations of the Joint Legislative Oversight and Sunset Committee. The recommendations repealed § 1733 of Title 24 to be consistent with § 8735 of Title 29 but internal references to § 1733 of Title 24 were not updated to reflect this change. These Sections correct this citation. Section 16. SB 63 revised the qualifications for a licensed practical nurse. This Section addresses a typographical error by inserting a comma. Section 17. SB 73 revised the requirements for licensure for pawnbrokers, secondhand dealers, and scrap metal processors. This Section corrects the reference to the Administrative Procedures Act in § 2314 of Title 24. Section 18. HB 82 revised the requirements for licensure for an associate counselor of mental health. Section 3032 of Title 24 was revised to add more paragraphs under subsection (a) but the reference to certain paragraphs of § 3032(a) in § 3034 of Title 24 was not revised to reflect the additional paragraphs. This Section corrects to paragraphs of § 3032(a) that are referenced in § 3034 of Title 24. HB 82 also contained a language that had both strike through and underline. Because the language was not already in the Code, the Code Revisors could not repeal it but because there was also strike through, it could not be added. This Section adds the language because the strike through was an error. Section 19. HB 82 revised the definition of a licensed associate marriage and family therapist and as drafted, unnecessarily repeats the word “professional” in a sentence. This Section corrects this typographical error. Section 20. HB 249 created the Interactive Fantasy Contests Act. As drafted, the first sentence of § 4861(a)(2) of Title 29 is not clear. This Section clarifies that sentence. Section 21. When Chapter 13 of Title 19 was revised in 1994, § 1301 became the statement of policy for the chapter and § 1302 became the definition section, however the citation to § 1301 in Chapter 59 of Title 29 was not revised to reflect this change. This Section corrects this citation. Section 22. During a review of Title 29 for the 2017 replacement volume, the Code Revisors discovered a reference to a federal regulation that has been repealed. This Section corrects the reference to the current applicable federal regulation. Section 23. The Code Revisors discovered that the legislation that created § 1109(a)(2)c. of Title 30 was worded that this paragraph was effective for taxable years beginning after December 31, 1986, and before January 1, 1988. As written, this requires the Code Revisors to repeal the language of paragraph (a)(2)c. of § 1109 so that language no longer appears in the Delaware Code for reference. This Section restores the repealed language but explains the limited period for which this provision applied. Section 24. HB 93 revised the licensing statue for security businesses and security systems. An occupational license is also still required for these businesses under § 2301 of Title 30, however, § 2301(t) references § 1202(a) of Title 24. HB 93 revised § 1202(a) of Title 24 so that it no longer has any subsections. This Section updates the reference in § 2301 of Title 30.