Delaware General Assembly

Signed 9/21/23

Becomes effective upon date of signature of the Governor or upon date specified

5/11/23

Sokola

Sen. Townsend, Lockman, Hocker, Pettyjohn
Reps. Schwartzkopf, Longhurst, Minor-Brown, Ramone, Yearick

AN ACT TO AMEND TITLE 3, TITLE 6, TITLE 9, TITLE 10, TITLE 11, TITLE 12, TITLE 13, TITLE 14, TITLE 15, TITLE 16, TITLE 18, TITLE 19, TITLE 20, TITLE 21, TITLE 24, TITLE 25, TITLE 29, AND TITLE 30 OF THE DELAWARE CODE RELATING TO TECHNICAL CORRECTIONS.

In December 2022, 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 151st General Assembly in 2022 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. Sections 1 and 2. Senate Bill No. 304 (151st General Assembly) corrected both the names of regulated seeds and enforcement provisions to align with current practices and terminology. Section 1, in § 1501(20)b.8 of Title 3, removes the misplaced and misspelled word “Setari” which later appears in that paragraph correctly as “Setaria”. Section 2 corrects a drafting error by inserting the words “as” and “by” in the phrase “as required by §§ 1502 and 1503 of this title” in § 1507(a)(2)d. of Title 3. Section 3. This Section corrects a drafting error in House Bill No. 295 (151st General Assembly), by inserting a comma in § 1706(a)(2)d. of Title 3, to clarify that an annual registration fee must be paid “for a pet food manufactured by a nonprofit”. Section 4. This Section corrects a drafting error in Senate Bill No. 261 (151st General Assembly) by clarifying that the public citizen member of the Delaware Nutrient Management Commission appointed by the Governor in § 2222(a)(2)c. of Title 3 should not also be representative of the categories of Governor appointees described in § 2222(a)(2)a. or b. of Title 3. Section 5. This Section corrects a drafting error in Senate Bill No. 228 (151st General Assembly) by making a grammatical correction in the first sentence of § 8204(a)(1) of Title 3 by substituting “if” for “and” to clarify that a licensed veterinary technician working under the indirect supervision of a licensed shall vaccinate a dog “if the dog is in a shelter and is owned by the shelter”. This Section also makes the same substitution of “if” for “and” in the first sentence of § 8204(b) of Title 3 to clarify that a licensed veterinary technician working under the indirect supervision of a licensed shall vaccinate a cat “if the cat is in a shelter and is owned by the shelter”. Sections 6 through 9. These Sections make corrections to Senate Substitute No. 1 for Senate Bill No. 93 (151st General Assembly) which provided protections for consumers in connection with contracts with automatic renewal provisions. Section 6 adds failure to comply with § 2735 of Title 6 to the list of deceptive practices listed in § 2732(3) of Title 6. Section 7 clarifies that in § 2734 of Title 6 an online procedure to cancel a contract entered into online must be provided as stated in paragraph (b)(3) of that section and specifies that paragraph (c)(1)b. applies to paragraph (c)(1)a. of that section. Section 8 makes clear that a consumer may void an automatic renewal contract, but is not required to do so, in § 2735(c)(1) of Title 6. Section 9 revises the designation of the paragraphs in § 2737(a)(2) of Title 6 so that there are no undesignated paragraphs and makes other corrections throughout the statute to conform to the Delaware Legislative Drafting Manual. Sections 10 and 11. Senate Bill No. 262 (151st General Assembly) rewrote Chapter 43 of Title 29 as the Revised Uniform Law on Notarial Acts. Section 10 corrects an internal reference in § 9611(a) of Title 9 referring to the definition of a “notarial act” located in § 4316(5) of the newly revised chapter. Section 11 adds “stamp or” in the final sentence of § 3901(e) of Title 10 to conform to the Revised Uniform Law’s newly allowed use of notary stamps as well as seals. Section 12. This Section corrects a grammatical error made in § 1112C(d) of Title 11, by Senate Bill No. 307 (151st General Assembly), by substituting “or” for “and” to allow for separate charges, convictions, or sentences in addition to those charged in § 1112C. Section 13. This Section conforms § 1254 of Title 11, as it originally appeared in House Substitute No. 1 for HB 13 (127th General Assembly) and Senate Bill No. 110 (139th General Assembly), to the Delaware Legislative Drafting Manual by designating all undesignated paragraphs. Section 14. This Section corrects an internal referenced in § 4209 (d)(3)a.3. of Title 11 as newly added in Senate Bill No. 450 (141st General Assembly). The phrase “subparagraphs (1) and (2) of this paragraph” was meant to refer to paragraphs (d)(3)a.1. and (d)(3)a.2 of the section and not to (d)(1) and (d)(2) of the section. Section 15. This Section corrects a grammatical error in § 8404(c) of Title 11 from House Bill No. 195 (151st General Assembly) by making clear that “members” of the public, and not a “member” of the public, may contribute to the development of regulations for police body-worn cameras. Section 16. This Section adds “Stamp or” to the notary signature block in § 265 of Title 12 in order to conform to Senate Bill No. 262 (151st General Assembly), the Revised Uniform Law on Notarial Acts, which allows use of notary stamps as well as seals. Section 17. This Section corrects an error in Senate Bill No. 13 (149th General Assembly) by removing the extraneous word “to” as it appears between “including” and “extrapolation” in § 1176(a) of Title 12. Section 18. This Section corrects an error from House Bill No. 432 (151st General Assembly) by making clear that the reference in § 8-302(b)(4) of Title 13 is to “the” mother and not to “a” mother who is a minor at the time of signing an acknowledgment of paternity. Section 19. This Section adds “Stamp or” to the notary signature block in § 131(a)(6) of Title 14 in order to conform to Senate Bill No. 262 (151st General Assembly), the Revised Uniform Law on Notarial Acts, which allows use of notary stamps as well as seals. Section 20. This Section corrects a typographical error in § 161A of Title 14 from House Bill No. 297 (144th General Assembly). The reference to “10 U.S.C. §§ 1209 and 1211” was intended to refer to Chapters 1209 and 1211 of Title 10 of the U.S. Code. Section 21. This Section addresses a grammatical error in § 402(1) of Title 14, from House Bill No. 270 (151st General Assembly), by correcting the erroneous statement that the Department of Education (rather than the application as defined) consists of an online or written application. Section 22. This Section conforms the language in § 1270B(c)(2) of Title 14 to that in § 1270A(c)(2) of Title 14, as both appeared in House Bill No. 133 (151st General Assembly), clarifying that in both statutes the administrator’s decision is final if the specialist and administrator do not agree. Section 23. This Section corrects a typographical error in § 1337(c)(4) of Title 14, from Senate Bill No. 100 (151st General Assembly), by substituting the “Executive Director” of the Delaware State Education Association for the “President” of that association on the Public Education Compensation Committee. It also makes format corrections based upon guidelines in the Delaware Legislative Drafting Manual. Section 24. This Section corrects a typographical error in § 1716E(i) of Title 14, from House Bill No. 100 (151st General Assembly), to clarify that the Department of Education shall promulgate rules and regulations to enforce the section, rather than the chapter. Section 25. This Section corrects a typographical error in § 1716F(h) of Title 14, from House Bill No. 300 (151st General Assembly), to clarify that the Department of Education shall promulgate rules and regulations to enforce the section, rather than the chapter. Section 26. This Section removes redundant language and corrects an internal reference in § 1917(d)(4)d. of Title 14 from Senate Bill No. 241 (151st General Assembly) to make clear which provision within § 1917(d)(1) applies to paragraph (d)(4)d. of the section. Section 27. This Section corrects a grammatical error in § 3105A(e) of Title 14 from Senate Bill No. 136 (151st General Assembly) by clarifying that (as in § 3105A(a) through (d)), the Department of Education is also responsible for enforcing § 3105A(e). Section 28. This Section corrects a grammatical error in the third sentence of § 8003(c) of Title 14 from House Bill No. 202 (150th General Assembly) by substituting “or” for “and” to prohibit assessments “or” court costs other than those specified in that statute. It also corrects an internal reference in § 8003(j) by making clear that a vehicle owner not providing the name and address of a driver who violated school bus safety laws will be held responsible under § 8003(g) of Title 14. Section 29. This Section transfers Chapter 90D of Title 14 (consisting only of § 9001D of Title 14), as enacted in Senate Bill No. 26 (151st General Assembly) and concerning live streaming of Board of Trustee meetings of higher education public institutions, to § 10008 of Title 29 within the Freedom of Information Act where it is more correctly located by topic. It also corrects internal references within new § 10008 of Title 29 to adjust for the transfer to Title 29. Section 30. This Section corrects a grammatical error in § 9219(f)(2)a. of Title 14 from Senate Bill No. 250 (151st General Assembly) by deleting a stray “an” between “assigned to” and “information technology class specifications.” Section 31. This Section corrects a grammatical error in the oath of office in § 4904 of Title 15 from Senate Bill No. 162 (143rd General Assembly). The word “to” is inserted between “disclose the same” and “the Department of Elections” in the final sentence. Sections 32 and 33. These Sections correct identical errors in both §§ 5608A(a)(2) and 5615A(a)(3) of Title 15, from Senate Bill No. 320 (151st General Assembly), by clarifying in Section 32 that the state-issued nondriver identification card “number” is the relevant identifying information that must be noted in § 5608A(a)(2) and in Section 33 that the “number” must be protected from disclosure in § 5615A(a)(3). Section 34. This Section corrects a typographical error in § 8044(a)(5)b. of Title 15, from Senate Bill No. 176 (151st General Assembly), by clarifying that paragraph (a)(5)b. is an exception to paragraph (a)(5)a. of that section and not to paragraph (a)(4)a. of that section. Section 35. This Section corrects a stylistic error in § 122(3)u. of Title 16 from House Bill No. 275 (150th General Assembly), by making a format correction based upon guidelines in the Delaware Legislative Drafting Manual, designating the undesignated paragraph in paragraph (3)u.1. as new paragraph (3)u.6. Section 36. This Section corrects an error in § 126(c) of Title 16, from Chapter 91 of Volume 43 (108th General Assembly), by conforming the promulgation of regulations to the requirements of the Administrative Procedures Act and to the present practices of the Department of Health and Social Services. Section 37. This Section updates an internal reference in § 1802(2) of Title 18, which has not been amended since its enactment by House Bill No. 218 of the 136th General Assembly, referring to Chapter 17 of Title 18 as the licensing provisions for insurance companies. Until its revision by House Bill No. 332 of the 136th General Assembly, Chapter 17 of Title 18 had been more expansive in scope, but now governs only insurance professionals. The internal reference to “Chapter 17” of Title 18 in § 1802(2) has been corrected to refer to “Chapter 5” of Title 18 which contains the general requirements for the authorization of insurers. Sections 38 and 39. These Sections correct errors from House Bill No. 386 (149th General Assembly) in §§ 3370B(b) and 3571T(b) of Title 18 (the text of which is identical as appears in Section 38 and Section 39, respectively). To conform to federal rule changes, the State shall defer to federal law to determine requirements to defray costs, rather than to the Secretary of the United States Department of Health and Human Services or its successor agency. Section 40. This Section corrects stylistic errors in § 5005(a)(6)b. of Title 18, from House Bill No. 272 (151st General Assembly), in order to conform to the requirements of the Delaware Legislative Drafting Manual. It substitutes “of this section” for the less precise “above” following “paragraphs (a)(6)a.1. and 2.” and properly identifies “§ 5005(a)(6)”as being located in “this title” rather than in “this chapter.” Section 41. This Section corrects an error from Chapter 259 of Volume 53 (121st General Assembly) by conforming § 104 of Title 19 to current practice by removing the outdated requirement that the Department of Labor formulate and have printed certificates and papers in issuing employment certificates and abstracts relating to the conditions and hours of females in the State. This requirement should only apply to the hours of child labor. Sections 42 and 43. These Sections correct errors from Senate Substitute No. 2 for Senate Bill No. 1 (151st General Assembly). Section 42 corrects a grammatical error in § 3716(a)(1)l. of Title 19, substituting “Provide” for “Providing”. Section 43 inserts “chapter” after “this” in § 3718(g) of Title 19, clarifying the Department of Labor’s authority to settle claims related to noncompliance with Chapter 37 of Title 19. Sections 44 and 45. These Sections address improper nomenclature used for reference to the Declaration of a State of Emergency issued during COVID-19. Section 44 corrects the improperly worded reference to a “State of Emergency Declaration” in § 3102(1) and (2) of Title 20 from Senate Bill No. 247 (150th General Assembly). Section 45 corrects the improperly worded reference to a “State of Emergency Declaration” in § 3156 of Title 20 from House Bill No. 216 (151st General Assembly). Section 46. This Section adds “stamp or” prior to “seal” in § 318(a) of Title 21 in order to conform to Senate Bill No. 262 (151st General Assembly), the Revised Uniform Law on Notarial Acts, which allows use of notary stamps as well as seals. Sections 47 and 48. These Sections correct errors from Senate Bill No. 151 (151st General Assembly) in both the present (Section 47) and future (Section 48) versions of § 2715(f) of Title 21 (the text of which are identical). It substitutes “this section” for “this subsection” to clarify that the length of issuance and fees stated throughout § 2715 must still conform to § 2611 of Title 21 for commercial motor vehicle driver’s licenses. Section 49. This Section corrects an error in § 4144 of Title 21, from Senate Bill No. 619 (128th General Assembly), by updating the requirement that drivers exercise due care despite other provisions in Chapter 41 of Title 21 by substituting “Notwithstanding any other provisions in this chapter” for “Notwithstanding the foregoing provisions in this chapter”. When enacted, § 4144 had been the final section in Chapter 41. The substitution takes into account that there are now also relevant provisions which follow § 4144 in that chapter. Section 50. This Section corrects stylistic errors § 707(a) of Title 24, from Senate Bill No. 161 (140th General Assembly), to conform to guidelines in the Delaware Legislative Drafting Manual by substituting periods for semicolons at the end of the paragraphs throughout the subsection and by correcting grammatical errors in the first sentence of § 707(a)(3) by substituting “Has not” for “Shall not have”, by removing the redundant “but not limited to” following “including”, and by substituting the more precise “and” for “and/or”. Section 51. This Section corrects errors in § 1935 of Title 24, from House Bill No. 141 (151st General Assembly) by clarifying that there are no advanced practice registered nurse licenses without full-practice authority. It does so by substituting “has” for “with” preceding “full-practice authority in the introductory paragraph of subsection (b) and by deleting the redundant “with full practice authority” following “APRNs” in subsection (c). Section 52. This Section corrects errors in § 110 of Title 25 in order to conform to Senate Bill No. 262 (151st General Assembly), the Revised Uniform Law on Notarial Acts (Chapter 43 of Title 29). “Stamp or” is inserted in 2 places before “seal”, and “made or” was inserted prior to “engraved”, in order to acknowledge the newly permissible use of notary stamps as well as seals. An internal reference to § 4330 of Title 29 in the newly revised chapter was also substituted for the repealed § 4309 of Title 29 in the former version of the chapter. Section 53. This Section corrects a stylistic error in § 5316(c)(10) of Title 25, from Senate Bill No. 110 (144th General Assembly). A reference to “§ 5141 of this title”, along with a list the referenced defined terms themselves, were substituted for an imprecise internal reference to “§ 5141(9) or (33) 5141 of this title”. Section 54. This Section corrects an error in § 802 of Title 29, from House Substitute No. 1 for House Bill No. 210 (146th General Assembly), by substituting a reference to the current Senate terms of office provided in “§ 806 of this title” for outdated descriptions of Senate terms of office as they existed in 2011. Sections 55 and 56. These Sections correct errors in House Bill No. 453 (151st General Assembly). Section 55, in § 901 of Title 29, restores a list of prohibited acts with regard to a bill or act of the General Assembly, which had been erroneously deleted from subsection (a), and clarifies in subsection (d) that punishment for contempt does not limit prosecution under that statute. Section 56, in § 904(a)(2) of Title 29, corrects a grammatical error by substituting “created during the amendment process” for “caused by the bill or resolution being amended”. Section 57. This Section corrects stylistic errors in § 5251 of Title 29, from Senate Substitute No. 1 for Senate Bill No. 178 (143rd General Assembly), by inserting an introductory paragraph clarifying that the defined terms within the statute apply to Chapter 52 of Title 29, by substituting “means” for “shall mean” throughout the statute, by redesignating the lettered paragraphs as numbered paragraphs, and by removing the unnecessary “(f)” after the internal reference to the defined term statute “§ 5501” of this title in paragraph (5). Section 58. This Section corrects stylistic errors in § 5290 of Title 29, from House Bill No. 336 (147th General Assembly), by inserting an introductory paragraph clarifying that the defined terms within the statute apply to Chapter 52 of Title 29, by substituting “means” for “shall mean” throughout the statute, by numbering the undesignated defined terms, and by removing the unnecessary “(e)” after the internal reference to the defined term statute “§ 5501” of this title in paragraph (4). Section 59. This Section corrects a grammatical error in § 7929(a) of Title 29, from House Bill No. 382 (151st General Assembly), by inserting “services for” between “provide” and “persons”. Section 60. This Section corrects a spelling error in the first sentence of § 8011(g) of Title 29, from House Bill No. 439 (151st General Assembly), by substituting “any other” for “another” preceding “appropriate department”. Section 61. This Section corrects a stylistic error in § 8081(a)(5) of Title 29, from House Bill No. 200 (151st General Assembly), by placing the embedded clean water project priorities in a designated paragraph list format. Section 62. This Section corrects an error in § 9003(a)(4) of Title 29, from Senate Bill No. 198 (151st General Assembly). The bill had substituted “needs” for “problems” without striking the word “problems”. This section properly strikes “problems” following “description of the child’s” in paragraph (a)(4) as originally intended. Section 63. This Section corrects an error in § 1116 of Title 30, from House Bill No. 432 (149th General Assembly), by repealing the statute. The Delaware Investment Tax Program (former subchapter X of Chapter 87A of Title 29), which created the Delaware investment credit, ceased existence when House Bill No. 432 repealed the program; however, the bill neglected to repeal § 1116 of Title 30, the Delaware investment credit section of Delaware’s personal income tax provisions. Repeal of § 1116 of Title 30 corrects the error. Sections 64 and 65. These Sections correct errors in Senate Bill No. 169 (144th General Assembly). Section 64, in § 2002(4) of Title 30, inserts “or for low and moderate income families” following “impoverished areas” as already inserted by the bill in paragraphs (2), (5), (6), (8), (10) and (11) of the statute. In Section 65, § 2004 of Title 30, the heading is made more specific by adding a reference to the “Neighborhood Assistance Act Advisory Council”, the undesignated paragraphs are designated to conform to the Delaware Legislative Drafting Manual, and grammatical errors in the first sentence of (b) are corrected by substituting “be comprised of” for “comprising” and by inserting a comma after “sectors”.

84:233

23

9/21/23

N/A

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