HB 83

Abstract

In January 2020, 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 150th General Assembly in 2019 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 also includes technical corrections identified outside of the list provided by the Code Revisors. This Act requires a greater than majority vote for passage to err on the side of caution because some of the sections of the Delaware Code being revised may require a super-majority vote under the Delaware Constitution. This Act also makes basic technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. An explanation of the changes made by each Section of the Act follows: Section 1. This Section corrects a typographical error. According to the U.S. Department of Veterans Affairs, the correct spelling of the name of the holiday is “Veterans Day.” Section 2. House Amendment No. 1 to Senate Bill No. 44 of the 150th General Assembly made only the first and second violations of § 904(f) of Title 4 a civil violation. However, the language added by HA 1 to SB 44 did not indicate how to classify third or subsequent violations, leading to ambiguity. This Section clarifies that a third or subsequent violation of § 904(f) of Title 4 is an unclassified misdemeanor. Section 3. This Section corrects the form of the citation to the Administrative Procedures Act in in § 903 of Title 7 because it was improperly drafted in House Bill No. 6 of the 150th General Assembly. Section 4. This Section corrects a drafting error made in House Bill No. 350 of the 150th General Assembly. As enacted, § 607A(f) of Title 11 states that the person charged with violating the section’s prohibition of chokeholds decides if other charges are filed against them. This Section revises subsection (f) to reflect the intent of HB 350, which is not to preclude other charges from being brought against a person charged under § 607A(f) of Title 11. Section 5. This Section corrects a drafting error made in House Bill No. 246 of the 150th General Assembly. The word-wrapping in HB 246 caused a phrase and a sentence that had been at the end of § 761(g) of Title 11, where it applied to current paragraphs (g)(1) to (g)(3), to become part of only (g)(3). This Section revises § 761(g) of Title 11 so that both the phrase and sentence clearly apply to paragraphs (g)(1)a. through (g)(1)c. by moving the phrase to the beginning of subsection (g) and the sentence is redesignated. Section 6. This Section corrects a drafting error in House Bill No. 77 of the 150th General Assembly. In HB 77, the second sentence of § 827 of Title 11 did not exist in the Code but was not underlined. Under § 109(d)(1) of Title 1, because the sentence was not underlined, it could not be added to the Code. HB 77 repealed “or home invasion” from the first sentence of § 827 of Title 11. This Section adds the sentence that was not underlined in HB 77 to § 827 of Title 11 because the sentence corresponds to the change HB 77 made in the first sentence, by addressing multiple offenses involving home invasion burglary. Section 7 and Section 9. These Sections change the word “person” to “individual” in § 1123 and § 1126 of Title 11, when referring to someone under the age of 21, consistent with how this change was enacted by Senate Substitute No. 1 for SB 25 of the 150th General Assembly in other sections of this chapter. Section 8. This Section revises § 1125 of Title 11 by removing references to § 1124 of Title 11 which was repealed by Senate Substitute No. 1 for SB 25 of the 150th General Assembly. Section 10. This Section corrects the name of the Division identified in § 4213 of Title 11. Section 4213 of Title 11 references the Division of Drug Abuse Control, which was abolished by Executive Order in 1974. Under that Executive Order, the Division of Drug Abuse Control’s duties were assumed by what is now the Division of Substance Abuse and Mental Health. Section 11. This Section corrects an error in Senate Substitute No. 1 to Senate Bill No. 37 of the 150th General Assembly. This Section clarifies that an offense listed in § 4373(1)b. of Title 11 may be a misdemeanor or a violation, as one of the Code sections on the list, § 821 of Title 11, is a violation, not a misdemeanor. Section 12. This Section corrects an internal reference in § 8405 of Title 11. House Bill No. 2 of the 148th General Assembly added a new subsection (d) to § 8405 of Title 11, which changed the designation of the existing subsection (d) to subsection (e). However, no corresponding change was made in subsection (a) of § 8405 of Title 11 which references the subsection that was designated (d) before the enactment of HB 2. This Section corrects the reference in § 8405(a) to subsection (e) and the name of the Department of Safety and Homeland Security. Section 13. This Section adds the words “disposition of” to correct the name of the document referenced in §1313 of Title 12. These words were omitted from House Bill No. 335 of the 150th General Assembly in error. Section 14. This Section corrects the name of the federal agency that administers Department of Veterans Affairs benefits in § 3981 of Title 12. Section 15. This Section corrects drafting errors made in Senate Bill No. 148 of the 150th General Assembly to correct a reference to the Code and conform § 1008 of Title 14 to the standards of the Delaware Legislative Drafting Manual. Section 16. This Section corrects a drafting error made in Senate Bill No. 187 of the 150th General Assembly. House Bill No. 12 of the 150th General Assembly, which revised § 347 of Title 31, governing the Provider Advisory Board for OCCL, was enacted on July 31, 2019, after being passed by the Senate on June 19, 2019. SB 187 transferred the Office of Child Care Licensing (“OCCL”) from the Department of Services for Children, Youth and Their Families to the Department of Education. However, instead of transferring the existing OCCL subchapter from Title 31 to Title 14, SB 187 repealed Subchapter III of Chapter 3 from Title 31 and created it as a new Chapter 30A in Title 14. SB 187 was introduced and passed both chambers on June 30, 2019 and enacted on August 5, 2019. SB 187 repealed § 347 of Chapter 31 and used the pre-HB 12 language for § 347 to create a new statute, § 3007A, for the Provider Advisory Board in Chapter 30A of Title 14. Because SB 187 was enacted after HB 12, the revisions made by HB 12 did not transfer to the new § 3007A of Title 14. The Synopsis of SB 187 does not indicate that the legislation makes any revisions to the provisions of the Code governing OCCL. This Section restores the changes enacted by HB 12 to the Provider Advisory Board. Section 17. This Section corrects the name of the entity that administers the Ivyane D.F. Davis Memorial Scholarship Fund (“Fund”). Senate Bill No. 235 of the 149th General Assembly gave responsibility for administering this Fund to the Child Protection Accountability Committee instead of the Child Placement Review Board, which no longer exists. However, the corresponding changes to the “Board” in § 3445 of Title 14 were not changed to “Committee”. This Section replaces the word “Board” with the word “Committee” throughout § 3445 of Title 14 to correctly reference the entity that administers the Fund. Section 18. This Section corrects a drafting error in Senate Bill No. 3 of the 149th General Assembly by revising the definition of “stillbirth” in § 3101 of Title 16 to include a birthweight of 350 grams instead of birthweights in excess of 350 grams. This conforms the definition to the applicable standard for reporting fetal deaths. Sections 19 through 21. These Sections remove reference to § 4761(b) of Title 16 from other sections of Title 16, because § 4761(b) was repealed by Senate Bill No. 47 of the 150th General Assembly. Section 22. Chapter 87 of Title 18 was enacted by House Bill No. 193 of the 150th General Assembly. This section corrects the citation to the Affordable Care Act in § 8701 of Title 18 which was incorrectly drafted in HB 193. Section 23. This Section corrects an engrossing error made when Senate Bill No. 266 of the 146th General Assembly was enacted. Senate Amendment No. 1 to SB 266 only changed line 32 of SB 266 but line 33 was also deleted. This Section restores the language from line 33 of SB 266, so the sentence has the complete name of the special license plate. Sections 24 through 25. These Sections remove references to § 1012 of Title 10 from § 2702 and § 2707 of Title 21, because § 1012 was repealed by House Bill No. 197 of the 150th General Assembly. This Section also removes additional references to repealed sections of the Delaware Code. Section 26. This Section removes a reference to paragraph (a)(3)d. of § 3708 of Title 24 because paragraph (a)(3)d. was repealed by House Bill No. 43 of the 150th General Assembly. Section 27. Senate Bill No. 18 of the 150th General Assembly repealed paragraph (c)(6) of § 707 of Title 26 but did not make any corresponding revision to § 315(e) [Effective June 14, 2025] of Title 26 which cites the repealed paragraph. This Section revises § 315(e) of Title 26 by removing the reference to the repealed paragraph. Sections 28 through 35. House Bill No. 66 of the 150th General Assembly changed the name of the Department of Transportation’s “Capital Improvements Program” to “Capital Transportation Program” in §§ 8409 and 8419 of Title 29 and incorrectly changed the name of the “State Capital Improvement Program” in § 8409(b)3)a. of Title 29. HB 66 did not revise the name of the Department of Transportation’s “Capital Improvement Program” everywhere the program is mentioned in the Code. These sections correct the names of both the “Capital Transportation Program” and the “State Capital Improvement Program” throughout the Code for clarity and consistency. Section 36. This section repeals subsection (l) of § 6960 of Title 29 because when House Bill No. 145 of the 148th General Assembly created the Prevailing Wage Advisory Committee (“Committee”), it also sunset the Committee in 2019. Section 37. House Bill No. 127 of the 150th General Assembly revised § 8721 of Title 29. In the last sentence of subsection (b) of § 8721, HB 127 used the words “Executive Director and staff” instead of “employees” but did not strike through the existing word, employees, or underline “Executive Director and staff.” This section replaces the word “employees” with the words “Executive Director and staff” as intended by HB 127. Section 38. Senate Bill No. 125 of the 150th General Assembly did not use strike through and underline when moving the commas in § 1606(d) of Title 30. This section corrects the placement of the commas. Sections 39 through 41. House Bill No. 232 of the 150th General Assembly increased the jurisdictional limit of the Justice of the Peace Court to $25,000. These sections make corresponding changes to §§ 9536, 9572, and 9583 of Title 10. Sections 42 through 44. Senate Bill No. 195 of the 150th General Assembly revised the Charter of Greenwood (“Charter”). Sections 42 and 43 correct typographical errors in Section 19 and 27 of the Charter. Section 44 corrects the hierarchy in Section 44 of the Charter.