Delaware General Assembly

Lieu/Substituted 2/12/21

The General Assembly has ended, the current status is the final status.

SS 1 for SB 47 w/ SA 1

1/22/21

Lawson

Rep. Morris

Sen. Hocker, Pettyjohn, Richardson, Townsend, Wilson
Reps. Briggs King, Collins, Osienski, Ramone

AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO DISCARDING YARD WASTE ON A HIGHWAY.

This Act clarifies that yard waste is included in the types of trash and litter that it is illegal to discard on a highway. This Act also defines “yard waste.” This Act also establishes an upper limit to the fine for a first violation of subsections (a),(b),(c), or (d) of § 4189 of Title 21. When codifying the 130th General Assembly’s amendments to § 4189 of Title 21, a redesignating error occurred. The penalty for violating subsection (e), littering in a quantity in excess of 5 pounds or 1 cubic foot on or alongside a highway, was incorrectly placed into subsection (h). The redesignating error also resulted in the prohibition against suspending minimum fines being incorrectly placed into subsection (h). This Act corrects these codifying errors by moving the provisions from subsection (h) into subsection (g), which should contain all the penalty-related provisions. The 145th General Assembly amended § 4189 of Title 21 to add enhanced penalties for a violation that occurs on a Delaware byway. The enhancement was added to both subsections (g) and (h). This Act removes the penalty enhancement language from subsection (h). The removal from subsection (h) does not result in a functional change, but rather corrects what began with the redesignating error. When the violation for littering in a quantity in excess of 5 pounds or 1 cubic foot on or alongside a highway was created, the General Assembly created a new, higher penalty that applied to anyone who committed that particular violation. However, the penalty provision for the other offenses in the section was not revised to indicate that it applied to all violations except the newly created violation. This Act makes that correction in subsection (g)(1) by striking the word “section,” inserting “subsection” and identifying the applicable subsections. This Act also revises subsection (g) for readability by breaking it into paragraphs by topic. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

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Takes effect upon being signed into law

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