SB 4

Abstract

In January 2017, 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 148th General Assembly in 2016. 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. Section 1. HB 227 revised the Farm Wineries law to permit Farm Wineries to make and sell mead and cider in addition to wine to align with federal rules. As written, Farm Wineries would need to manufacture wine, mead, and cider to meet the definition of a Farm Winery. This Section changes the language to allow Farm Wineries to make wine, mead, or cider as intended by HB 227. Section 2. When reviewing the error identified by the Superior Court in § 4798(t) of Title 16 a technical error was found subsection (r) of this section. Under § 304 of Title 1, words in the singular number include the plural. This corrects that error. Section 3. The Superior Court discovered an error in the subject and verb agreement of § 4798(t) of Title 16. In reviewing this error, an additional technical error was identified. Under § 304 of Title 1, words in the singular number include the plural. This corrects that error. Section 4. This issue was discovered by the Code Revisors without relation to current legislation. There are 5 paragraphs after § 2304(28) of Title 18 that actually apply to §§ 2304(24) and (25). Section 2304(24) prohibits “discriminatory practices against victims of abuse regarding life and health insurance” and was added by SB 128 in 1995 and contained those 5 paragraphs. Section 2304(25) prohibits “discriminatory practices against victims of abuse regarding home owner’s and private passenger motor vehicle insurance” and was added by SB 433 in 1995. The 1998 and 1999 printed volumes of the Delaware Code had the 5 paragraphs after (25) because both (24) and (25) apply to issuing insurance to victims of abuse and these 5 paragraphs apply to issuing insurance to victims of abuse. Subsequently, in 2005, HS1 for HB 90 added § 2304(26) relating to regulatory inquiries; in 2007, SS1 for SB 31 added § 2304(27) relating to credit scoring; and in 2008 SB 239 added § 2304(28) relating to volunteer firefighters. These 3 subsections, (26), (27), and (28) were added in error above those 5 paragraphs. This Section clarifies that the 5 free-standing paragraphs at the end of § 2304 apply to subsections (24) and (25). Section 5. HB 381 amended Chapter 33 of Title 18 by redesignating what had been Chapter 33 as Subchapter I and creating a new Subchapter II. There were references to this "chapter" throughout what is now Subchapter I and the Code Revisors asked if they were correct to leave the term "chapter." In § 3302, the term "chapter" should now be "subchapter." This Section makes the necessary change. Section 6. HB 381 amended Chapter 33 of Title 18 by redesignating what had been Chapter 33 as Subchapter I and creating a new Subchapter II. There were references to this "chapter" throughout what is now Subchapter I and the Code Revisors asked if they were correct to leave the term "chapter." In § 3342(h), "chapter" should now be "section." This Section makes the necessary change. Sections 7 through 9. HB 160 amended Title 19 to allow the Department of Labor to collect over payments due under additional state and federal laws. In the list of those laws in §§ 3325, 3360, and 3384, there is a citation to § 5402 of the Federal Internal Revenue Code (26 U.S.C. § 5402). This is the definition of a brewery. The correct citation is to § 6402 of the Federal Internal Revenue Code (26 U.S.C. § 6402), which allows states to recover unemployment compensation debt, which is consistent with this section. In these 3 Code provisions, there is also a citation to § 303 of the Social Security Act (42 U.S.C. § 303). This is also incorrect and the correct citations are to § 303 of the Social Security Act (42 U.S.C. § 503). This Section makes the necessary changes. Section 10. HB 387 added a reference to “paragraph (a)(4) of this section” in § 1799F of Title 24 but there is no paragraph (a)(4) in § 1799F of Title 24. The correct reference should be to "subsection (a) of this section". This Section makes the necessary change. Section 11. SS 1 for SB 143 updated the definition of the practice of optometry. There is a reference in § 2101(a)(3)c. to “7(b).” There is no 7(b) and the correct reference should be to § 2101(a)(3)a.2. This Section makes the necessary change. Sections 12 & 14. HB 331 changed the name of the Bureau of Child Support Enforcement and the Division of Child Support Enforcement to the Division of Child Support Services. The name of the accounts used by the Division of Child Support Services were not updated to reflect this new name. This Section makes the necessary changes. Section 13. HS 1 for HB 262 adopted the Joint Sunset Committee recommendations to update the Open Space Council. In making this update, § 7506 of Title 7, a vacant statute, now provides the powers and duties of the Open Space Council. Section 8017A of Title 29, regarding the Delaware Council on Greenways and Trails, references § 7506 of Title 7 and that reference had been marked by Code Revisors as “[repealed]”. The reference to the new § 7506 of Title 7 is not relevant so this Act removes that sentence.