HB 385

Abstract

Throughout 2023, the Code Revisors provided the General Assembly with potential technical corrections that the Code Revisors identified as the Code Revisors revised the Delaware Code to reflect legislation that was enacted by the 152nd General Assembly in 2023 or as the Code Revisors 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 those 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 also makes basic technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Section 1. This section corrects a grouping and phrasing error in § 718(b) of Title 4 from House Bill No. 83 of the 136th General Assembly. Section 2. This section corrects a stylistic error in § 1304 of Title 4, from House Bill No. 2 of the 152nd General Assembly, by removing the redundant words “but not limited to” following “including” as recommended by the Delaware Legislative Drafting Manual. Sections 3 and 4. These sections correct errors in §§ 1314(b)(4)c. and 1354(e)(2) and (f), from House Bill No. 2 of the 152nd General Assembly, by making clear that the location of the licensed premises is relevant to the statutes, and not the location of the license itself. Section 5. This section corrects a stylistic error in § 3311(c)(2) of Title 5, from House Bill No. 97 of the 152nd General Assembly, by removing the impression that the “officer” immediately following must also be a “controlling person” with respect to applicants. Section 6. This section implements the intent of House Bill No. 131 of the 152nd General Assembly by deleting language in the concluding paragraph § 73-304(c) of Title 6 which had been improperly removed without striking in the original bill. Section 7. This section corrects an error in § 7502A(c) of Title 7, from House Bill No. 190 of the 152nd General Assembly, by making it more clear that notice to the Chair of revocation of a representative or designee should come from the entity or official authorizing them to act as representative or designee. Section 8. This section corrects a stylistic error in § 10002(16) of Title 7, from House Bill No. 99 of the 152nd General Assembly, by conforming the definition of “state agency” to the definition adopted in § 6902 of Title 29. Section 9. This section corrects a stylistic error in § 1101A(3)b.7. of Title 9, from House Bill No. 11 of the 151st General Assembly, by conforming a “911 communications” reference to accepted style as approved by the Federal Communications Commission and the Delaware Legislative Drafting Manual. Section 10. This section conforms § 1077(c) of Title 10, from Senate Bill No. 69 of the 137th General Assembly, to the requirements of § 608 of Title 29 by substituting language respectful to persons with disabilities. Section 11. This section corrects an error in § 4319(b) of Title 10, from House Bill No. 167 of the 152nd General Assembly, by making clear that a CISM (consultation, risk assessment, education, intervention, and other crisis intervention services) team member or trained peer support member need not be requested to disclose proceedings, communications, and records in order to decline producing only one category of those items so listed. Section 12. This section corrects an error in § 7209(a) of Title 10, from House Substitute No. 1 for House Bill No. 264 of the 151st General Assembly, by substituting “sexual violence protective order” (as referenced in § 7202 of Title 10) for the inaccurate reference to a “sexual violence protection order.” Section 13. This section corrects an error in § 7708(a) of Title 10, from House Substitute No. 1 for House Bill No. 222 of the 149th General Assembly, by substituting “lethal violence protective order” (as referenced in § 7701 of Title 10) for the inaccurate reference to a “lethal violence protection order.” Section 14. This section corrects stylistic errors in § 472(c) of Title 11, from House Substitute No. 2 for House Bill No. 142 of the 152nd General Assembly, by rearranging existing language so that all qualifying language appears before the affected legal categories listed within the statute and by numbering the included categories to conform to Delaware Legislative Drafting Manual style. Section 15. This section corrects an error in § 612(d) of Title 11, from House Bill No. 343 of the 144th General Assembly, by recognizing in (d) the differing class C felony offense in paragraph (a)(12) of the section. Section 16. This section corrects an error in § 832(b)(2)a. of Title 11, from House Bill No. 78 of the 150th General Assembly, by revising an inaccurate internal reference. Section 17. This section corrects an error in § 1103D(a)(1)a. of Title 11, from House Bill No. 182 of the 152nd General Assembly, by correcting the impression that the definition of “torture” requires that the elements of §§ 1103, 1103A, 1103B, and 1103C all be present to satisfy paragraph (a)(1) of the section. Section 18. This section corrects a stylistic error in § 1334(a)(2) of Title 11, from House Bill No. 57 of the 144th General Assembly, by conforming a “911 dispatchers” reference to accepted style as approved by the Federal Communications Commission and the Delaware Legislative Drafting Manual. Sections 19 and 20. These sections correct an error in the present and future versions of § 1448(a)(11) of Title 11, from House Substitute No. 1 for House Bill No. 222 of the 149th General Assembly, by substituting “lethal violence protective order” (as referenced in Chapter 77 of Title 10) for the inaccurate reference to a “lethal violence protection order.” Section 21. This section corrects an error in § 8404(a)(4)e. of Title 11, from House Bill No. 206 of the 152nd General Assembly, by adding the appropriate missing noun at the beginning of the paragraph and by conforming style to that recommended by the Delaware Legislative Drafting Manual. Section 22. This section conforms § 8531(2)a. of Title 11, from House Bill No. 385 of the 146th General Assembly, to § 608 of Title 29 by substituting language respectful to persons with disabilities. Section 23. This section makes corrections in § 1318(f)(1) and (2) of Title 14, from House Bill No. 60 and House Bill No. 61 of the 152nd General Assembly, by addressing a sentence fragment, conforming formatting to the Delaware Legislative Drafting Manual, and aligning the notification process in paragraph (f)(2) of the section with that described in paragraph (f)(1) of the section. Section 24. This section makes corrections in § 2702(h)(1) and (j) of Title 14, from House Bill No. 3 of the 152nd General Assembly, by making clear that the differing definitions for an excused absence in paragraphs (h)(1) and (j)(1) of the section are exclusive to the subsections in which they appear and that the introductory paragraph to (j) of the section applies to that subsection alone and not to the entire statute. Section 25. This section makes a correction in § 4143(f)(4) of Title 14, from House Bill No. 198 of the 151st General Assembly, by redesignating that paragraph as subsection (g) of the section due to the fact that the paragraph is the only one in subsection (f) of the section not concerned with educational programming. Section 26. This section makes a corrections in § 1002A(9) of Title 16, from House Bill No. 403 of the 146th General Assembly, by conforming the language to the referenced facilities licensed in Chapter 11 of Title 16. Section 27. This section corrects stylistic errors in § 1161 of Title 16 as enacted by Senate Bill No. 115 of the 140th General Assembly, and as later amended, by conforming the formatting and language to accepted Delaware Legislative Drafting Manual style and by substituting language respectful to persons with disabilities as required by § 608 of Title 29. Section 28. This section implements the intent of House Substitute No. 1 for House Bill No. 193 of the 152nd General Assembly by striking language in § 3003L(6) of Title 16 which had been improperly removed without striking in the original bill. Section 29. This section makes a correction in § 3001Q(8) of Title 16, from House Bill No. 51 of the 152nd General Assembly, by substituting a specific reference to the statute which defines “long-term, acute, or outpatient health-care services” for a reference to Chapter 79 of Title 29 generally. Section 30. This section corrects stylistic errors in § 4769(a)(1) and (b) of Title 16, from House Bill No. 57 of the 144th General Assembly, by conforming a “911 system” reference to accepted style as approved by the Federal Communications Commission, by correcting gender-specific language, and by making adjustments in line with proper Delaware Legislative Drafting Manual style. Section 31. This section conforms § 5520(d) of Title 16, from Chapter 534 of the 118th General Assembly, to the requirements of § 608 of Title 29 by substituting language respectful to persons with disabilities. Sections 32 and 33. These sections correct stylistic errors in the present and future versions of § 9802 of Title 16 as enacted in Senate Substitute 1 to Senate Bill No. 1 of the 135th General Assembly, and as later amended, to conform to proper Delaware Legislative Drafting Manual style. Section 34. This section makes a correction in § 9903(j)(4) of Title 16, from House Bill No. 98 of the 152nd General Assembly, by making clear that the loan grant recipients are limited to either new primary care providers or new dental providers, and not to those institutions only providing both services. Section 35. This section corrects a stylistic error in § 10203(b) of Title 16, from House Bill No. 57 of the 144th General Assembly, by conforming a “911 Committee” reference to accepted style as approved by the Federal Communications Commission and the Delaware Legislative Drafting Manual. Section 36. This section conforms language in § 701(23) of Title 18, from Senate Substitute No.1 for House Bill No. 146 of the 141st General Assembly, to that utilized in the referenced § 1702 of that title. Section 37. This section conforms formatting and style in § 1702 of Title 18, from Senate Substitute No.1 for House Bill No. 146 of the 141st General Assembly, to that of the Delaware Legislative Drafting Manual. Section 38. This section conforms language in § 1750(1) of Title 18, from Senate Substitute No. 1 for House Bill No. 146 of the 141st General Assembly, to proper Delaware Legislative Drafting Manual style. Section 39. This section conforms language in § 1774 of Title 18, from House Bill No. 62 of the 152nd General Assembly, to that utilized in the referenced § 5603 of that title. Section 40. This section conforms the formatting and style of § 5603 of Title 18, from House Bill No. 62 of the 152nd General Assembly, to that of the Delaware Legislative Drafting Manual. Section 41. This section conforms the formatting and style of § 6701B of Title 18, from House Bill No. 160 of the 151st General Assembly, to that of the Delaware Legislative Drafting Manual. Section 42. This section corrects § 710(5), (27), and (29) of Title 19, from House Bill No. 184 of the 152nd General Assembly, by addressing the mistaken impression in those paragraphs that one might request verification “from” a court order or family medical leave record rather by submission of those documents. Section 43. This section makes clear in § 4803(c) of Title 21, from Senate Bill No. 68 of the 152nd General Assembly, that all car fitting stations sanctioned by the Office of Highway Services, not merely those operated by the Office, are eligible for referral for car seat guidance and education. Section 44. This section implements the intent of House Bill No. 165 of the 152nd General Assembly by removing language from § 2502(23)h. of Title 24 which had been improperly removed from the original bill without appropriate striking. Section 45. This section implements the intent of House Bill No. 117 of the 152nd General Assembly in § 2708(a)(1)a. and b. of Title 24 by substituting words inserted into the original bill without appropriate striking of present language and underlining of new insertions. Sections 46 and 47. These sections implement the intent of Senate Bill No. 141 of the 152nd General Assembly in § 3708(a)(3)d. of Title 24 by making a substitution which had been inserted into the original bill without appropriate striking of present language and underlining of the new insertion and by accordingly adjusting an affected internal reference in § 3709(a) of Title 24. Section 48. This section corrects stylistic errors in § 221(b)(3) of Title 26, from House Bill No. 69 of the 150th General Assembly, by conforming “911 Administrator for the State” references to accepted style as approved by the Federal Communications Commission and the Delaware Legislative Drafting Manual. Sections 49 and 50. These sections conform the language in § 904(a)(1) of Title 29, from House Bill No. 453 of the 151st General Assembly, to current practices of the Division. As noted in Section 64 of this Act, Section 49 is contingent upon enactment of House Bill No. 288 of the 152nd General Assembly. Sections 51 through 54. These sections correct stylistic errors in §§ 5501(l), 5522(a)(6), 5527(a)(1), and 5543(a)(3) of Title 29, from House Bill No. 179 of the 149th General Assembly, by conforming “911 operator” references to accepted style as approved by the Federal Communications Commission and the Delaware Legislative Drafting Manual. Section 55. This section corrects language in § 7914A(c) and (g) of Title 29, from Senate Bill No. 49 of the 152nd General Assembly, by conforming a reference to the Governor’s Commission on Community and Volunteer Services in the introductory paragraph of (c) of the section to others in the statute and by correcting the impression in subsection (g) of the section that members may be appointed for having committed various enumerated misdeeds. Sections 56 and 57. These sections make corrections in §§ 7970(a)(2) and 7971(b)(5) of Title 29, from House Bill No. 208 of the 149th General Assembly, in order to properly refer to “long-term, acute, or outpatient health-care services” rather than to “long-term, acute, and outpatient health-care services” as referenced in § 122 of Title 16. Section 58. This section makes corrections in § 9008C of Title 29, from House Bill No. 129 of the 142nd General Assembly, by making stylistic changes to conform to appropriate Delaware Legislative Drafting Manual style and by removing an extraneous “both” from paragraph (3) of the section. Section 59. This section corrects an error in § 9011D(a)(3) of Title 29, from Senate Bill No. 161 of the 152nd General Assembly, by substituting an accurate updated internal reference. Section 60. This section makes corrections throughout § 9101 of Title 29, from House Bill No. 368 of the 131st General Assembly, by addressing inconsistent references to the name of the Cabinet Committee on State Planning Issues. Sections 61 and 62. These sections correct errors in Senate Bill No. 134 of the 152nd General Assembly by addressing a typo in § 10212(b)(4) of Title 29 and a grammar error in the introductory paragraph of § 10214(b) of Title 29. Section 63. This section corrects an error in the introductory paragraph of § 1812 of Title 30, from House Bill No. 442 of the 141st General Assembly, by removing the unnecessary statement that “(singular includes plural).” This general rule of construction is already contained in § 304(a) of Title 1. Section 64. This section corrects an error in § 5365(b) of Title 30, from House Bill No. 153 of the 142nd General Assembly, by removing an unnecessary “the” from the text. Section 65. This section makes enactment of House Bill No. 288 of the 152nd General Assembly, implementing the name change of the “Division of Research” to the “Division of Legislative Services,” a prerequisite for enactment of Section 50 of this Act, effective upon the same date as House Bill No. 288 as noted in Section 62 of that Act.