SB 1

Abstract

In every December in the years 2010 through 2015, the Code Revisors provided the General Assembly with a list of potential technical corrections they identified as they revised the Delaware Code to reflect legislation enacted that year. 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. After reviewing the 148 items provided for the years 2010 through 2015, the following changes included in this Act are identified as technical in nature and in need of correction. Of the other 99 items, many had already been corrected, some statutes no longer existed or were subsequently amended so that the correction is no longer necessary, and some would be substantive changes. Each technical correction made by this Act is explained below: Section 1: HB 156 of the 148th General Assembly revised § 709 of Title 4. Section 709(d) now establishes rules for Sunday sales but does not list holidays. Holidays are now covered in § 709(c) of Title 4. This Act revises § 554 of Title 4 to codify current practice by listing the days that are covered by this rule. Section 2: SB 234 of the 145th General Assembly established the Recycling Public Advisory Council. This change corrects a drafting error in the language regarding the members representing the beverage industry. Section 3: HB 368 of the 147th General Assembly revised § 7402A of Title 7, adding language from federal law that does not follow the Delaware drafting style. The Code Revisors identified that the references to “paragraph c” were not clear because there are many paragraphs of § 7402A that are identified with the letter c. This Section clearly identifies which "paragraph c" is intended and corrects a typographical mistake and an additional instance where a paragraph reference is unclear. Section 4: SB 99 of the 147th General Assembly made changes to § 1009 of Title 10, eliminating paragraph (b)(3)a. The language that was in that paragraph is in § 351 of Title 31. Therefore, the reference is changed to refer to § 351 of Title 31 both times the repealed section appears in § 901 of Title 10. Section 5: SB 174, as amended by SA 1 and HA 2, of the 146th General Assembly amended § 4319 of Title 10 but failed to put “or” after the semicolon at the end of § 4319(d)(3). The word “or” is appropriate instead of “and” because all four of these conditions cannot be met at the same time. This Section makes the needed change. Section 6: HB 107, as amended by SA 1, of the 141st General Assembly intended to exclude child support obligations from the garnishment exemption for College and Able Act Savings plans. The citation was erroneously placed in § 4916 of Title 10 so that child support is exempted from garnishment rather than still available for garnishment. This Section corrects that error. Section 7: HB 427 of the 145th General Assembly amended Subchapter V, Chapter 5 of Title 7 to remove the word “experimental” throughout. Title 10 references Subchapter V, Chapter 5 of Title 7 so the word “experimental” should be removed in Title 10. This Section makes that change. Section 8: HB 346 of the 147th General Assembly substantially revised Delaware’s civil mental health laws. The exact language from what had been § 5127 of Title 16 was placed in the new § 5019(a) of Title 16. The reference to § 5127 of Title 16 was not updated in § 406 of Title 11 by HB 346. This Section makes that change. Section 9: SB 234 of the 144th General Assembly revised § 1102 of Title 11. Existing drafting errors in the provision were identified by the Code Revisors when the Code was being revised pursuant to SB 234. This Section makes the needed changes. Section 10: SB 174 of the 147th General Assembly revised the definition of contraband in § 1258 of Title 11 using incorrect punctuation. This Section corrects the punctuation to increase clarity. In addition, the Department of Correction is being added. This correction is consistent with HB 47 of the 148th General Assembly which corrected instances where the Department of Correction was still referred to as the State Board of Correction or the Department of Health and Social Services, where it used to be located. Section 11: HB 260 of the 147th General Assembly revised § 1335 of Title 11 and in combining the exemptions for legal and medical procedures used the word “and” when “or” is the correct grammatical choice. This Section corrects that error. Section 12: HB 427 of the 145th General Assembly added “combative sports” to the activities regulated by Title 28 and said all violations of Title 28 are subject to prosecution under Title 11. The term “combative sports” was not added to the section of Title 11 covering these specific offenses. This Section makes the needed changes. Section 13: HB 427 of the 145th General Assembly added “combative sports” to the activities regulated by Title 28 and said all violations of Title 28 are subject to prosecution under Title 11. The term “combative sports” was not added to the section of Title 11 covering these specific offenses. This Section makes the needed changes. Section 14: SB 45 of the 148th General Assembly amended the state implementation of the federal Law Enforcement Officers Safety Act of 2004 to mirror federal law. Prior to SB 45, § 1441A of Title 11 used the term “qualified active duty law-enforcement officer” and also covered retired law-enforcement officers. SB 45 removed the words “active duty” from § 1441A of Title 11 consistent with federal law and created a new § 1441B in Title 11 to cover retired law-enforcement officers. The changes to § 1441A of Title 11 were not updated in § 1448B of Title 11. This Section makes the needed changes. Section 15: SB 197 of the 147th General Assembly revised Delaware’s Human Trafficking crimes. It revised § 787 of Title 11 so that (b)(2) is the crime of forced labor and (b)(3) and (b)(4) refer to sex crimes. The reference in § 4121(a)(4), community notification of sex offenders, was changed from §787(b)(2) to §787(b)(3)-(4), but the same reference was not revised in § 4123(c) of Title 11 which addresses sentencing for a juvenile adjudicated delinquent of a sex offense. This Section makes the needed changes. Section 16: HB 346 of the 147th General Assembly substantially revised Delaware’s civil mental health laws. Section 5136 of Title 16 was repealed and the facilities referenced in the repealed § 5136 are now included in § 5001 by HB 346. This Section makes the needed changes. Section 17: SB 144 of the 148th General Assembly revised Delaware law regarding background checks for child-serving entities. The references in § 511 of Title 14 were not updated to reflect the new sections. This Section makes the needed changes. Section 18: HB 245 of the 145th General Assembly and HB 302 of the 147th General Assembly made changes to Title 15 of the Delaware Code relating to elections. Subchapter IV, Chapter 10 of Title 14 references the job titles used in Title 15 but Title 14 still uses the job titles in place prior to both bills. Title 15 is clear that all references to job titles that appear in any other act of law, to the extent they are consistent with a function transferred by this chapter to the Department, shall be construed as referring or relating to such person or persons and their powers, duties, and functions as established and created by Chapter 2 of Title 15. This Section makes the needed changes. Section 19: HB 1 of the 146th General Assembly deleted what was at the time paragraph (a)(1) of this section but did not delete the reference in (d)(6) so the Code Revisors inserted an explanation. The old language and explanation should be stricken. This Section makes the needed changes. Section 20: SB 20 of the 147th General Assembly created a prison education unit. The correct reference to the Department of Correction training program is § 2405 of Title 14. Section 2402 states that employees for the prison Education Program shall have the same qualifications as employees in public high schools and does not reference any Department of Correction training program. This Section makes the needed changes. Section 21: HB 384 of the 144th General Assembly revised the Universal Newborn and Infant Hearing Screening, Tracking, and Intervention program. An existing drafting error in the statute was identified when the Code was being revised pursuant to HB 384. The error is that the language of § 804A(a)(3)e and § 804A(a)(4) of Title 16 are substantially similar without any legal reason for the duplication. This Section removes § 804A(a)(3)e of Title 16. Section 22: HB 346 of the 147th General Assembly substantially revised Delaware’s civil mental health laws. In section 5003 of Title 16, the word “licensed” was omitted from paragraph (a) of subsection (3). This Section corrects that error. Section 23: HB 346 of the 147th General Assembly substantially revised Delaware’s civil mental health laws. The Code Revisors identified that the citation to § 5127 of Title 16 is no longer correct. Researching that correction identified that § 5121 of Title 16 was also updated and moved to § 5003 of Title 16. Thus, § 5121 of Title 16 should be stricken. This Section makes the needed change. Section 24: HB 346 of the 147th General Assembly substantially revised Delaware’s civil mental health laws. The Code Revisors identified that the citation to § 5127 of Title 16 is no longer correct. Researching that correction identified that pursuant to HB 311 in the 146th General Assembly, § 5121A of Title 16 states that it is only in effect until July 1, 2013. Thus, § 5121A of Title 16 should be stricken. This Section makes the needed change. Section 25: HB 346 of the 147th General Assembly substantially revised Delaware’s civil mental health laws. The Code Revisors identified that the citation to § 5127 of Title 16 is no longer correct. Researching that correction identified that § 5123 of Title 16 was updated and moved to § 5003 of Title 16 so to correct the mistake, § 5123 of Title 16 should be stricken. This Section makes the needed change. Section 26: HB 346 of the 147th General Assembly substantially revised Delaware’s civil mental health laws. The exact language from what had been § 5127 of Title 16 was placed in the new § 5019(a) of Title 16. The reference to § 5127 of Title 16 was not updated in § 5154 of Title 16. This Section corrects that error. Section 27: HB 346 of the 147th General Assembly substantially revised Delaware’s civil mental health laws. Section 5135 of Title 16 was repealed and that language was included in the new § 5025(a) of Title 16. Also, the exact language from what had been § 5127 of Title 16 was placed in the new § 5019(a) of Title 16. The reference to § 5127 of Title 16 was not updated in § 5161 of Title 16. This Section corrects that error. Section 28: HB 346 of the 147th General Assembly substantially revised Delaware’s civil mental health laws. Section 5131 of Title 16 was repealed and that type of treatment is covered under Chapter 50. Section 5174(2) of Title 16 contains a reference to § 5123 of Title 16 which was updated by the same Act and moved to § 5003 of Title 16. This Section makes the needed changes. Section 29: HB 373 of the 147th General Assembly revised the process by which a health care payment system is published and eliminated (14) of § 2322B of Title 19. The correct reference should now be § 2322 of Title 19. This Section makes the needed change. Section 30: HB 162 of the 147th General Assembly added §§ 3571 and 3610 to Title 18 and both reference § 1302(d)(2)(B)(ii)(I) of the Patient Protection and Affordable Care Act. There is no § 1302(d)(2)(B)(ii)(I) of the Patient Protection and Affordable Care Act so this reference is being changed § 1311(d)(2)(B)(ii) of the Patient Protection and Affordable Care as originally intended. This Section makes the needed change. Section 31: HB 162 of the 147th General Assembly added §§ 3571 and 3610 to Title 18 and both reference § 1302(d)(2)(B)(ii)(I) of the Patient Protection and Affordable Care Act. There is no § 1302(d)(2)(B)(ii)(I) of the Patient Protection and Affordable Care Act so this reference is being changed to § 1311(d)(2)(B)(ii) of the Patient Protection and Affordable Care as originally intended. This Section makes the needed change. Section 32: As part of revising Title 18, the Code Revisors reversed the order of subsections (a) and (b) so as to maintain alphabetical order of the terms. Prior to this reversal, the term “Department” in Chapter 40 of Title 18 was modified by the phrase, “for the purposes of this chapter,” defining it for this Chapter as the Department of Health & Social Services. Reversing the order of the subsections changed “Department” to its definition in Chapter 1 of Title 18 as meaning the “Insurance Department.” This Section corrects that error and makes additional technical corrections to conform to the Delaware Legislative Drafting Manual. Section 33: HB 175 of the 147th General Assembly Synopsis created a new section § 2379(f)(4) of Title 19. There is a typographical error so that the statute reads “whether the employer has complied with its obligations under § 2322E(d) of this title to provide a list of possible b [sic] assignments for injured workers.” The letter “b” is an error. The synopsis for HB 175 states that this section “requires that companies be compliant with their ‘back to work’ responsibilities for injured employees before being eligible for the credit.” Section 2379(f)(4) references § 2322E(d) of Title 19 which requires employers to provide a report of “modified-duty jobs.” Instead of “b”, the statute should reference “modified-duty jobs.” This Section makes the needed change. Section 34: HB 99 of the 146th General Assembly referenced “§ 4704(c)(1)(2)”. There is no such section. Section 4704 has a (c)(1) and a (c)(2). The Code Revisors assumed the word “or” was intended and placed it in the provision in brackets. This Section removes the brackets. Section 35: HB 416 of the 147th General Assembly corrected insensitive language regarding persons with disabilities. The Bill erroneously changed this term in a manner that it is incorrect. This Section corrects that error. Section 36: SB 200 of the 145th General Assembly created a new subsection (c) in § 4502 of Title 21. A sentence in paragraph (c)(9) needs the word “that” to be grammatically correct. This Section makes the needed change. Section 37: SB 189 of the 147th General Assembly eliminated the “limited” license and created the “academic” license but did not use definition language when adding the new term to the statute. This Section makes the needed change. Section 38: Subchapter VI of Chapter 11 of Title 24 was created by HB 392 of the 144th General Assembly. It contains a sunset provision stating that the Act will expire 2 years from date of enactment, if not re-enacted. The Act was not re-enacted. Section 1106(a)(13) of Title 24 gives the State Board of Dentistry and Dental Hygiene the authority to issue a volunteer license. This Section makes the needed change. Section 39: HB 359 of the 147th General Assembly revised the definition of the practice of physical therapy and in referencing the prior practice rules used the word “and” instead of “or” which was the language in the prior statute. This Section makes the needed change. Section 40: HB 357 of the 146th General Assembly amended § 5304 of Title 24 and referred to documents instead of the people holding the documents in § 5304(c). The regulations implementing this section refer to certificate holders and licensees and this change makes the provision consistent with the regulations and grammatically correct. This Section makes the needed change. Section 41: Chapter 81 of Title 25 was created by SB 273 of the 144th General Assembly and contains a reference to § 81-303(h) which has never existed. The correct reference should be to § 81-303(f). This Section makes the needed change. Section 42: HB 427 of the 145th General Assembly replaced the word “boxing” with “combative sports” in the title to Chapter 1 of Title 28 but did not replace it in § 929(2) of Title 28. Chapter 1 regulates combative sports so section 929(d) exclude events regulated by Chapter 1 from the catchall regulations for events not otherwise regulated. Since Chapter 1 covers all combative sports, not just boxing, § 929(2) of Title 28 should have been changed by HB 427. This Section makes the needed change. Section 43: SS1 for SB 28 of the 147th General Assembly allows a per diem employee of the General Assembly who receives a service pension to be exempt from the earnings limit while working for the General Assembly. In revising the statute, the Code Revisors noted punctuation errors. This Section makes the needed change. Section 44: SB 150 of the 147th General Assembly made changes to § 8059 of Title 29, which included repealing § 8059(e)(8). The reference to the repealed section remained in the revised § 8059(d)(3) and should be stricken because there is no such section. This Section makes the needed change. Section 45: HB 427 of the 145th General Assembly amended Chapter 1 of Title 28 by replacing the language “boxing, mixed martial arts” with “combative sports”. Included in this change was § 103 which directs the Division of Professional Regulation to promulgate and enforce rules and regulations relating to the regulation of combative sports and combative sports entertainment. Section 8735 of Title 29 also gives the Division of Professional Regulation this authority but it was not amended by HB 427. Adding “combative sports” to § 8735 of Title 29 of makes the sections consistent. This Section makes the needed change. Section 46: SB 140 of the 148th General Assembly amended § 6502 of Title 30 so that paragraph (b)(4) refers to "paragraphs a. and b." of the section. Section 6502 has "paragraphs a. and b." in sections (1), (2), and (3), making the reference in paragraph (b)(4) unclear. Because paragraph (b)(4) refers to "paragraphs a. and b." in all 3 of the sections, this Section makes the needed change by striking the language about "paragraphs a. and b.". Section 47: HB 205 of the 148th General Assembly revised Subchapter II of Chapter 27 of Title 16 and repealed the model form that was contained in § 2719. Section 2713 of Title 16 sets forth the manner of executing anatomical gifts, including an indication on a person’s driver’s license and is the correct reference. This Section changes the reference to § 2713 of Title 16. Section 48: SB 66 of the 148th General Assembly created The Delaware Neighborhood Conservation and Land Banking Act. Language requiring bidding information to be posted on a website was included in one amendment, but not included in the amendment that ultimately passed, however, this reference to bidding information remained. This Section makes the necessary change.