Synopsis
In January 2021, 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. Section 1. House Bill No. 263 (151st General Assembly) increased the registration fees for pet food that is not manufactured by a nonprofit. This Section reorganizes the sentences in § 1706(a)(2) of Title 3 to clarify the applicability of each fee. Section 2. Senate Bill No. 96 (151st General Assembly) increased the inspection fee for commercial fertilizers over the next 3 years, beginning January 1, 2022. The current fee was not included in SB 96 so it is not repealed and it is not clear how many fees are required. This Section revises § 2106 of Title 3 to repeal the fee in place before the enactment of SB 96 when the first increase takes effect on January 1, 2022. This Section also revises § 2106(a) so that the list of fees is not in the middle of a sentence and so that there are no undesignated paragraphs. This Section also corrects a typographical error made when SB 96 was engrossed with Senate Amendment No. 1. Section 3. Senate Bill No. 22 (151st General Assembly) contains a list of plants that must be included on the Invasive Plant list. This Section corrects the scientific name for English Ivy in § 2904(c)(32) of Title 3. Section 4. When drafting the revisions to § 512C of Title 4 in Section 5, technical errors were identified in § 512B of Title 4. This Section makes technical corrections to § 512B, including changing “and/or” to “or” because “and/or” is unclear and in this context, “or” can include 1 or more of the businesses in the sentence. Section 5. Two pieces of legislation were enacted during the 151st General Assembly in 2021 that revise § 512C of Title 4. House Bill No. 46 allows a microbrewery licensee to manufacture and sell fermented beverages and House Bill No. 81 allows licensed microbreweries to share brewing equipment. This Section adds fermented beverages to the list of products microbreweries can manufacture and sell where the list appears in the paragraphs added by House Bill No. 81. Section 6. Senate Bill No. 113 (151st General Assembly) incorrectly repealed language in § 160(c) of Title 8 that provides an important reference for the requirements for voting and quorum. This Section restores that phrase. Section 7. House Bill No. 11 (151st General Assembly) revised the definitions in § 1101A of Title 9. This Section clarifies that the definition of “local service function” is referring to the Delaware Constitution and Delaware Code. Section 8. House Bill No. 9 (151st General Assembly) added the term “adjudication” to § 787 of Title 11 to allow juvenile victims of human trafficking to more easily expunge convictions. House Amendment No. 1 to House Bill No. 9 was incorrectly drafted resulting in the improper format of referenced Code sections. This Section corrects the form of the citations and replaces the vague word “such” to reference an expungement order under paragraph (j)(2) of the section. Section 9. This Section corrects the paragraph designations in § 778A of Title 11 which were incorrectly drafted in Senate Bill No. 229 (145th General Assembly). Section 10. This Section inserts the word “in