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SPONSOR: Sen. Sokola & Sen. Townsend & Sen. Lockman &
Sen. Hocker & Sen. Pettyjohn & Rep. Minor-Brown &
Rep. Harris & Rep. Osienski & Rep. Dukes &
Rep. Spiegelman
DELAWARE STATE SENATE
153rd GENERAL ASSEMBLY
SENATE BILL NO. 169
AN ACT TO AMEND TITLE 3, TITLE 6, TITLE 9, TITLE 10, TITLE 11, TITLE 14, TITLE 16, TITLE 19, TITLE 21,
TITLE 24, TITLE 26, TITLE 29, TITLE 30, AND TITLE 31 OF THE DELAWARE CODE, AND THE CHARTER OF
THE TOWN OF NEWPORT, RELATING TO TECHNICAL CORRECTIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fourths of all members
elected to each house thereof concurring therein):
1 Section 1. Amend § 1202, Title 3 of the Delaware Code by making deletions as shown by strike through and
2 insertions as shown by underline as follows:
3 § 1202. Definitions.
4 For the purposes of this chapter:
5 (6) “Dealer permit” means a written certificate, issued by the Department, authorizing the sale of restricted
6 use pesticides or state restricted use pesticides.
7 (6)(7) “Defoliant” means any substance or mixture of substances intended for causing the leaves or foliage to
8 drop from a plant, with or without causing abscission.
9 (7)(8) “Department” means the Department of Agriculture of the this State.
10 (8)(9) “Desiccant” means any substance or mixture of substances intended for artificially accelerating the
11 drying of plant tissues.
12 (9)(10) “Device” means any instrument or contrivance (other than firearm) which is intended for trapping,
13 destroying, repelling repelling, or mitigating any pest or any other form of plant or animal life (other than humans and
14 other than bacteria, virus or other microorganism on or in living humans or other living animals), but shall does not
15 include equipment used for the application of pesticides when sold separately therefrom.
16 (10)(11) “Distributed” means to offer for sale, hold for sale, sell, barter barter, or supply pesticides or devices
17 within this State.
18 (11)(12) “Environment” includes water, air, land land, and all plants and humans and other animals living
19 therein, and the interrelationships which exist among these.
20 (12)(13) “E.P.A.” means the United States Environmental Protection Agency.
21 (13)(14) “FIFRA” means the Federal Insecticide, Fungicide, and Rodenticide Act [7 U.S.C. § 136 et seq.].
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22 (14)(15) “Fungus” means any nonchlorophyll-bearing thallophytes (that is, any nonchlorophyll-bearing plant
23 of a lower order than mosses and liverworts), as for example, rust, smut, mildew, mold, yeast yeast, and bacteria,
24 except those on or in living humans or other animals, and except those on or in processed food, beverages beverages,
25 or pharmaceuticals.
26 (16) “Inert ingredient” means an ingredient which is not an active ingredient.
27 (15)(17) “Ingredient statement” means a statement which contains: contains all of the following:
28 a. The name and percentage of each active ingredient, and the total percentage of all inert ingredients, in
29 the pesticide; and pesticide.
30 b. If the pesticide contains arsenic in any form, a statement of the percentages of total and water soluble
31 water-soluble arsenic, calculated as elementary arsenic.
32 (16) “Inert ingredient” means an ingredient which is not an active ingredient.
33 (17)(18) “Insect” means any of the numerous small invertebrate animals generally having the body more or
34 less obviously segmented, for the most part belonging to the class Insecta, comprising 6-legged, usually winged forms,
35 as for example, beetles, bugs, bees, flies and to other allied classes of arthropods whose members are wingless and
36 usually have more than 6 legs, as for example, spiders, mites, ticks, centipedes centipedes, and wood lice.
37 (18)(19) “Label” means the written, printed printed, or graphic matter on, or attached to, the pesticide or
38 device or its containers or wrappers.
39 (19)(20) “Labeling” means all labels and all other written, printed printed, or graphic matter:
40 a. Accompanying the pesticide or device at any time; or
41 b. To which reference is made on the label or in literature accompanying the pesticide or device, except to
42 current official publications of the E.P.A., the United States Departments of Agriculture and Interior, the
43 Department of Health, Education and Welfare, Department of Health and Human Services, Department of
44 Education, state experiment stations, state agricultural colleges colleges, and other similar federal or state
45 institutions or agencies authorized by law to conduct research in the field of pesticides.
46 (20)(21) “Land” means all land and water areas, including airspace, and all plants, animals, structures,
47 buildings, contrivances contrivances, and machinery, appurtenant thereto or situated thereon, fixed or mobile, including
48 any used for transportation.
49 (21)(22) “License” is means, written permission issued by the Department to engage in the business of
50 applying any pesticides to the lands of another.
51 (22)(23) “Misbranded” shall apply:
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52 a. To any pesticide or its container if its labeling bears any statement, design or graphic representation
53 relative thereto or to its ingredients which is false or misleading in any particular; particular.
54 b. To any pesticide: pesticide meeting at least 1 of the following conditions:
55 1. If it is an imitation of or is offered for sale under the name of another pesticide; pesticide.
56 2. If its labeling bears any reference to registration under this chapter and such pesticide has not been
57 registered pursuant to this chapter; chapter.
58 3. If the labeling accompanying it does not contain directions for use which are necessary for
59 effecting the purpose for which the product is intended and, if complied with, together with any requirements
60 imposed under § 3(d) of FIFRA [7 U.S.C. § 136a(d)], are adequate to protect health and the environment;
61 environment.
62 4. If the label does not contain a warning or caution statement which may be necessary, and if
63 complied with, adequate to prevent injury to living humans and other vertebrate animals; animals.
64 5. If the label or container of the product does not bear an ingredient statement that may be clearly
65 read and understood when the unit for sale is displayed under customary conditions of purchase, handling,
66 storage and use; or use.
67 6. If any word, statement or other information required by or under the authority of this chapter to
68 appear on the labeling is not prominently placed thereon with such conspicuousness (as compared with other
69 words, statements, designs or graphic matters in the labeling) and in such terms as to render it likely to be read
70 and understood by the ordinary individual under customary conditions of purchase and use; use.
71 c. To any device or its container if its labeling bears any statement, design design, or graphic
72 representation relative thereto or to its ingredients which is false or misleading in any particular.
73 (23)(24) “Nematode” includes invertebrate animals of the phylum Nemathelminthes and class Nematoda, that
74 is, unsegmented roundworms with elongated, fusiform fusiform, or saclike bodies covered with cuticle, and inhabiting
75 soil, water, plants plants, or plant parts; may also be referred to as nemas or eelworms.
76 (24)(25) “Permit” means a written certificate, issued by the Department, authorizing the purchase, possession
77 and/or possession, or use of certain pesticides which are to be used for purposes designated as “state restricted pesticide
78 uses” or for experimental use.
79 (25)(26) “Person” means any individual, partnership, association, fiduciary, corporation corporation, or any
80 organized group of persons whether incorporated or not.
81 (26)(27) “Pest” means: means any of the following:
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82 a. Any insect, rodent, nematode, fungus, weed; or weed.
83 b. Any other form of terrestrial or aquatic plant or animal life or virus, bacteria bacteria, or other
84 microorganism (except viruses, bacteria bacteria, or other microorganisms on or in living humans or other living
85 animals) which is declared to be a pest under regulations pursuant to § 1203(f) of this title.
86 (27)(28) “Pesticide” means: means any of the following:
87 a. Any substance or mixture of substances intended for preventing, destroying, repelling repelling, or
88 mitigating any pest; or pest.
89 b. Any substance or mixture of substances intended for use as a plant regulator, defoliant defoliant, or
90 desiccant.
91 (28)(29) “Plant regulator” means any substance or mixture of substances, intended, through physiological
92 action, for accelerating or retarding the rate of growth or rate of maturation, or for otherwise altering the behavior of
93 ornamental or crop plants or the produce thereof, but shall does not include substances to the extent that they are
94 intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants inoculants, or soil amendments.
95 (29)(30) “Registrant” means the person who has registered any pesticide pursuant to this chapter.
96 (30)(31) “Restricted use pesticide” means any pesticide or pesticide use classified by the Administrator of
97 E.P.A. for use only by a certified applicator or competent individual under the direct supervision of a certified
98 applicator.
99 (31)(32) “State restricted pesticide use” means any pesticide use which, when used as directed or in
100 accordance with a widespread and commonly recognized practice, the Department determines, subsequent to a hearing,
101 requires additional restrictions to prevent unreasonable adverse effects on the environment.
102 (32)(33) “Unreasonable adverse effects on the environment” means any unreasonable risk to humans or the
103 environment, taking into account the economic, social social, and environmental costs and benefits of the use of any
104 pesticide.
105 (33)(34) “Weed” means any plant which grows where not wanted.
106 (34)(35) “Wildlife” means all living things that are neither human, domesticated nor, as defined in this
107 chapter, pests, including but not limited to, mammals, birds birds, and aquatic life.
108 (35)(36) “Secretary” means the Secretary of the Department of Agriculture of the State or the Secretary’s duly
109 authorized designee.
110 (36) “Dealer permit” means a written certificate, issued by the Department, authorizing the sale of restricted
111 use pesticides and/or state restricted use pesticides.
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112 Section 2. Amend § 1301, Title 3 of the Delaware Code by making deletions as shown by strike through and
113 insertions as shown by underline as follows:
114 § 1301. Definitions.
115 The following words shall, for For purposes of this chapter, be defined as follows: chapter:
116 (1) “Agent” — “Agent” means any person who that performs services for another person under an express or
117 implied agreement. A person may be an agent without receiving compensation for services.
118 (2) “Agriculture” — “Agriculture” means the production of plants and animals useful to humans, including all
119 forms of farm products and farm production.
120 (3) “Broker” — “Broker” means any person who that negotiates the purchase or sale of any material. A broker
121 may or may not handle either the material which is involved or the proceeds of a sale.
122 (4) “Certificate” — “Certificate” means a document authorized or prepared by an authorized federal or state
123 regulatory official that affirms, declares, or verifies that a plant or other regulated article meets phytosanitary
124 (quarantine), nursery inspection, pest freedom, plant registration or certification, or other legal requirements. Such
125 documents are known by their purpose of issuance: issuance and include: phytosanitary certificate (for the purpose of
126 verifying compliance with phytosanitary (quarantine) requirements); nursery inspection certificate (for the purpose of
127 verifying compliance with nursery inspection and pest freedom standards); registration or certification tags, or seals
128 (for the purpose of verifying compliance with registration or certification requirements); etc. requirements).
129 (5) “Certification” — “Certification” means the act by the Department of affirming, declaring, or verifying
130 compliance with phytosanitary (quarantine), nursery inspection, pest freedom, plant registration or certification, or any
131 other set of legal requirements.
132 (6) “Chain store” — “Chain store” means any business with 1 or more retail outlets that sells plants, plant
133 material material, or nursery stock, and that are stock and which is owned by a common parent business entity.
134 (7) “Commission merchant” — “Commission merchant” means any person, who person that receives on
135 consignment or solicits any material from a licensee, producer producer, or producer’s agent or accepts material in trust
136 for purposes of sale and sells or resells any material on commission or for a fee.
137 (8) “Consignee” — “Consignee” means any person to whom any plant, nursery stock, horticultural product, or
138 similar item etc. is shipped for handling, sale, resale, or other purpose.
139 (9) “Consignor” — “Consignor” mieans any person who that ships or delivers to a consignee any plant,
140 nursery stock, horticultural product, or similar item etc. for handling, planting, sale, resale, or any other purpose.
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141 (10) “Dangerously injurious plant pest” — “Dangerously injurious plant pest” means a plant pest that
142 constitutes a significant threat to the agricultural, forest forest, or horticultural interests of this State, or the State’s
143 general environmental quality.
144 (11) “Dealer” — “Dealer” means any person who that obtains title to, or possession, control, or delivery of,
145 any plant, plant material material, or nursery stock, from a producer for the purpose of resale.
146 (12) “Department” — “Department” means the State of Delaware Department of Agriculture of this State and
147 includes, but is not limited to, includes its officers, inspectors, employees, agents agents, or representatives.
148 (13) “Florist(s)” — includes, but is not limited to, “Florist” includes a person(s) or business(es) a person or
149 business engaged in the production or sale, wholesale or retail retail, of plants, plant materials materials, or nursery
150 stock for temporary, semi-permanent, seasonal seasonal, or permanent, indoor or outdoor use.
151 (14) “Garden Center” — includes, but is not limited to, “Garden center” includes a business establishment
152 engaged in the year round, retail sale of plants, plant material material, or nursery stock from a specific, permanent
153 sales location.
154 (15) “Greenhouse” — includes, but is not limited to, “Greenhouse” includes an establishment or business
155 engaged in the production of plants, plant material material, or nursery stock within a climate controlled structure, for
156 distribution beyond on-site or personal use.
157 (16) “Grower” — includes but is not limited to, “Grower” includes any person who that raises, grows grows,
158 or propagates, for profit or other reasons, outdoors or indoors, any horticultural product, nursery stock, or plant.
159 (17) “Horticultural product” — those products stated in Group 18 of the United States Department of Labor
160 Standard Industrial Classification Manual which are grown under cover or outdoors, including bulbs, flowers,
161 shrubbery, florist greens, fruit stock, floral products, nursery stock, ornamental plants, potted plants, roses, seed,
162 Christmas trees, fruits, food crops grown in greenhouses, vegetables, and horticultural specialties not otherwise
163 specified.
164 (18) “Hold order” — (17) “Hold order” means an order or notice written by the Department to the owner(s)
165 owner or person(s) person in charge or in possession of a premises, plant, conveyance conveyance, or article infested
166 or infected with or exposed to infestation or infection of a dangerously injurious plant pest(s), pest, making it unlawful
167 to move the aforementioned article(s) article unless treated in accordance with the Department’s prescribed procedures.
168 (18) “Horticultural product” means those products stated in Group 18 of the United States Department of
169 Labor Standard Industrial Classification Manual which are grown under cover or outdoors, including bulbs, flowers,
170 shrubbery, florist greens, fruit stock, floral products, nursery stock, ornamental plants, potted plants, roses, seed,
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171 Christmas trees, fruits, food crops grown in greenhouses, vegetables, and horticultural specialties not otherwise
172 specified.
173 (19) “Infected” — “Infected” means a plant that has been determined by the Department to be contaminated
174 with an infectious, transmissible transmissible, or contagious pest or so exposed to the aforementioned that
175 contamination can reasonably be expected to exist. This includes disease conditions, regardless of their mode of
176 transmission or any disorder of plants which manifest symptoms which, after investigation are determined by a federal
177 or state pest prevention agency, to be characteristic of an infectious, transmissible, or contagious disease.
178 (20) “Infested” — “Infested” means a plant that has been determined by the Department to be contaminated
179 by a dangerously injurious plant pest, or so exposed to the aforementioned that contamination can reasonably be
180 expected to exist.
181 (21) “Landscaper(s)” — includes but is not limited to, “Landscaper” means any person(s) person who that
182 keeps at a premises, or procures for transplantation, nursery stock for installation on the property of another person.
183 (22) “Mail-order merchant(s)” — includes but is not limited to, “Mail-order merchant” includes any person,
184 dealer, or producer who that sells or markets, wholesale or retail, any of its orders or business by drop shipment,
185 catalog, telemarketing, telephone, mail-order, online sales, or other indirect means.
186 (23) “Mark” — “Mark” means the Department shall affix, for purposes of identification or separation, a
187 conspicuous official indicator affixed by the Department, for purposes of identification or separation, to, on, around, or
188 near, plants or plant material, known or suspected to be, infected or infested with a dangerously injurious plant pest or
189 determined to be a public nuisance. This includes, but is not limited to, includes paint, markers, tags, seals, stickers,
190 tape, signs signs, or placards.
191 (24) “Move” — “Move” means to ship, offer for shipment, receive for transport, carry or, in any manner
192 whatsoever, convey convey, or relocate a regulated plant, plant material material, or nursery stock, from one 1 place to
193 another.
194 (25) “Nursery” — “Nursery” means any location where nursery stock is grown, propagated, stored, or sold; or
195 any location from which nursery stock is distributed direct to a customer. (See “Sales location”) location.”)
196 (26) “Nursery license” — “Nursery license” means a document issued by the Department authorizing a
197 person(s) person to engage in a nursery or nursery related business at a particular location under a specified business
198 name.
199 (27) “Nursery stock” — “Nursery stock” means any plant for planting, propagation, or ornamentation,
200 including:
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201 a. All plants, trees, shrubs, vines, perennials grafts, cuttings, buds, clones, and seedlings that may be sold
202 for propagation, whether cultivated or wild, and all viable parts of these plants.
203 b. Any other plant or plant part, including cut Christmas trees or any nonhardy plant or plant part,
204 including annuals, bedding plants, and vegetable plants.
205 (28) “Owner(s)” — includes, but is not limited to, “Owner” includes the person, persons, family, group, firm,
206 association, business, company, incorporated entity entity, or organization with the legal right of possession,
207 proprietorship of, or responsibility for the property or place where any of the regulated articles as defined in this
208 chapter are to be found, or person(s) person who that is in possession of, in proprietorship of, or has responsibility for
209 the regulated articles.
210 (29) “Person(s)” — includes, but is not limited to, “Person” includes any individual, family, firm, association,
211 group, business, company, incorporated entity entity, or organization.
212 (30) “Pre-clearance” — an agreement between quarantine officials of exporting and importing states to pass
213 plants, plant material, etc., through quarantine by allowing the exporting state to inspect the plants pre-shipment, rather
214 than the importing state inspecting the shipment upon arrival.
215 (31) “Pest” —(30) “Pest” includes any biotic agent (any living agent capable of reproducing itself) that is
216 known to cause damage or harm to agriculture or the environment.
217 (32) “Plant” —(31) “Plant” includes, but is not limited to, includes any part of a plant, tree, aquatic plant,
218 plant material, shrub, vine, fruit, rhizome, vegetable, seed, bulb, stolon, tuber, corm, pip, cutting, scion, bud, graft, or
219 fruit pit, including:
220 a. Agricultural commodities: plant materials including any horticultural product.
221 b. Nursery stock.
222 c. Non-cultivated Noncultivated or feral plants, gathered from the environment.
223 d. Plants produced by tissue culture, cloning cloning, or from stem cell cultures or other prepared media
224 culture.
225 (33) “Plant pest” — (32) “Plant pest” includes, but is not limited to, includes any pest of plants, agricultural
226 commodities, horticultural products, nursery stock, or non-cultivated noncultivated plants. This includes, but is not
227 limited to, includes insects, snails, nematodes, fungi, viruses, bacterium, microorganisms, mycoplasma like organisms,
228 weeds, plants plants, or parasitic higher plants.
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229 (33) “Preclearance” means an agreement between quarantine officials of exporting and importing states to
230 pass items that include plants or plant material through quarantine by allowing the exporting state to inspect the plants
231 preshipment, rather than the importing state inspecting the shipment on arrival.
232 (34) “Producer” — includes, but is not limited to, “Producer” includes any person who that raises, grows or
233 propagates, for profit or other reasons, outdoors or indoors, any horticultural product, nursery stock, or plant.
234 (35) “Quarantine” — “Quarantine” means a legal instrument duly imposed or enacted by the Department as a
235 means for mitigating pest risk. These actions include, but are not limited to, include confinement or restriction of entry,
236 movement, shipment shipment, or transportation of plants known or suspected to be infected or infested with some
237 dangerously injurious plant pests.
238 (36) “Roadside market” — includes, but is not limited to a business engaged in the retail sale of plants, plant
239 material or nursery stock on a seasonal basis and which may operate from a specific sales location or multiple mobile
240 locations.
241 (37) “Registration” —(36) “Registration” means the official recording of a growing location, person, plant,
242 sales location location, or any other thing or place as one that has met specified requirements and therefore eligible for
243 a particular activity, operation operation, or purpose.
244 (37) “Roadside market” includes a business engaged in the retail sale of plants, plant material, or nursery
245 stock on a seasonal basis and which may operate from a specific sales location or multiple mobile locations.
246 (38) “Sales location” — “Sales location” means every location from which nursery stock is delivered directly
247 to a customer.
248 (39) “Secretary” — “Secretary” means the Secretary of the State of Delaware Department of Agriculture or
249 the Secretary’s designee.
250 (40) “Sell” — “Sell” includes offer for sale, expose for sale, possess for sale, exchange, barter barter, or trade.
251 (41) “Shipment” — “Shipment” means any article or thing which is, may be, or has been transported or
252 conveyed from one 1 place to another.
253 Section 3. Amend § 1302, Title 3 of the Delaware Code by making deletions as shown by strike through and
254 insertions as shown by underline as follows:
255 § 1302. Nursery licensing requirements.
256 (a) Any person(s), grower(s), agent(s), broker(s), dealer(s), mail-order merchant(s), commission merchant(s),
257 consignor(s), landscaper(s), florist(s), greenhouse operator(s), chain store operator(s), garden center operator(s), roadside
258 market operator(s), producer(s) or owner(s) person, grower, agent, broker, dealer, mail-order merchant, commission
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259 merchant, consignor, landscaper, florist, greenhouse operator, chain store operator, garden center operator, roadside market
260 operator, producer, or owner engaged directly with the distribution of plants, plant products, plant material, nursery stock
261 stock, or horticultural products, is required to inform the Department of the existence of their operation and to obtain a
262 nursery license prior to before initiating business operations.
263 (b) The aforementioned person(s) are A person required to comply with subsection (a) of this section shall obtain a
264 nursery license for each of their businesses or sale/retail the person’s business, sales, or retail locations where multiple
265 businesses or sales/retail business, sales, or retail locations exist.
266 (d) The aforementioned A person or persons required to comply with subsection (a) of this section must complete
267 the nursery license application (NLA) online. The Department will shall make accommodations if internet access is not
268 available. The NLA will must include, as applicable, the following:
269 (1) Name of the owner(s) owner or agent of the business to be licensed.
270 (2) Name and address of the business to be licensed.
271 (3) Location of all plant, plant material material, or nursery stock fields or storage areas.
272 (4) The number of acres in plant or nursery stock production or the square footage of the sales area devoted to
273 plants, plant material material, or nursery stock.
274 (5) A list of that includes the names, addresses, and plants, plants or plant material, etc. material received from
275 all suppliers, producers, growers, etc. or growers providing plants or nursery stock to the business. Upon On request of
276 the Department an updated list and/or or invoices must be provided for the current year.
277 (6) Address Addresses of all sales locations.
278 (e) Licenses issued by the Department shall must be prominently displayed at the business location.
279 Section 4. Amend § 1304, Title 3 of the Delaware Code by making deletions as shown by strike through and
280 insertions as shown by underline as follows:
281 § 1304. Plant pest infestations.
282 (a) Any person(s) who person that has in their the person’s possession plants, plant materials materials, or nursery
283 stock infested or infected with dangerously injurious plant pests possesses a public nuisance.
284 (c) If the Secretary determines that the provisions of this chapter have been violated, he or she the Secretary shall
285 order and direct that the nuisance be abated by whatever means necessary (including, but not limited to, (including
286 destruction, confiscation, treatment treatment, or return shipment). The abatement of this public nuisance shall be is at the
287 expense of all of the aforementioned person(s) persons and shall be without any form of compensation.
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288 Section 5. Amend § 1305, Title 3 of the Delaware Code by making deletions as shown by strike through and
289 insertions as shown by underline as follows:
290 § 1305. Shipping, labeling labeling, and certification requirements.
291 (c) When applicable, all shipping containers must be conspicuously and appropriately marked on the exterior as to
292 whether contents must be held for agricultural inspection or whether the contents have been pre-cleared precleared by the
293 Department, under the terms of a pre-clearance preclearance or interstate origin of inspection program (phytosanitary pre-
294 clearance). preclearance). It is the responsibility of both the consignee and consignor to obtain all required pre-clearances
295 preclearances and to examine all shipments for the presence of all required certifications.
296 Section 6. Amend § 1306, Title 3 of the Delaware Code by making deletions as shown by strike through and
297 insertions as shown by underline as follows:
298 § 1306. Shipment of nursery stock into state; labeling and certification certification.
299 (a) When any plants, plant materials materials, or nursery stock are shipped, sent sent, or mailed into this State, to
300 any person in this State, every item including a carload, container, box, package, etc., shall or package must be
301 conspicuously labeled on the exterior with the name of the consignor, the state of origin origin, and the name of the
302 consignee.
303 (b) The aforementioned shipment under subsection (a) of this section shall must have conspicuously affixed to its
304 exterior, the shipment’s exterior a nursery inspection certificate from the state of origin showing that the contents have been
305 examined by a qualified state or federal officer and found apparently free from all dangerously injurious plant pests.
306 (c) It is the responsibility of both the consignee and consignor to examine all shipments for the presence of current
307 and applicable nursery stock certifications.
308 Section 7. Amend § 1307, Title 3 of the Delaware Code by making deletions as shown by strike through and
309 insertions as shown by underline as follows:
310 § 1307. Transportation companies; receiving uncertified nursery stock; failure to notify Department.
311 Any person(s) who person that acts as the representative of a transportation company, private carrier, commercial
312 shipper, common carrier, express parcel carrier carrier, or other transportation entity, and receives, ships ships, or moves an
313 item, including a carload, box, container, package, etc., or package of plants, plant materials materials, or nursery stock,
314 that does not have a nursery inspection certificate or proper phytosanitary certificates certificate attached as provided for in
315 § 1303 or § 1305 of this title, and fails to immediately notify the Department shall is be subject to § § §§ 1310 through 1313
316 of this title.
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317 Section 8. Amend § 1308, Title 3 of the Delaware Code by making deletions as shown by strike through and
318 insertions as shown by underline as follows:
319 § 1308. Labeling and advertising of nursery stock.
320 (a) Plants, plant materials materials, or nursery stock shall must not be labeled or advertised with false or
321 misleading information. This includes, but is not limited to, includes common name, scientific name, variety, place of
322 origin origin, and growth habit.
323 (b) A person(s) person may not offer for sale, sell, give away, or in any way distribute plants, plant materials
324 materials, or nursery stock, represented by some specific or special form of notation, including, but not limited to: including
325 “free from”, from” or “grown free of”, of,” unless such plants are produced under a specific program accepted by the
326 Department to address the specific plant properties addressed in the special notation claim.
327 (c) Before any person(s) person advertises plants, plant materials materials, or nursery stock for sale, a copy of
328 their the person’s nursery business license must be provided to the publisher or producer of the advertisement. The nursery
329 business license number must be included in the advertisement and and, if appropriate, be legible or audible. This
330 requirement shall extend to all forms of advertising media, including but not limited to, radio, television, outdoor sign
331 boards, telephone business directories (i.e., (such as the Yellow Pages), newspaper and advertisements, magazine
332 advertisements advertisements, or vehicular identification/advertisement. identification or advertisements.
333 Section 9. Amend § 1309, Title 3 of the Delaware Code by making deletions as shown by strike through and
334 insertions as shown by underline as follows:
335 § 1309. Reciprocal agreements.
336 The Department shall have the authority to make reciprocal agreements with the responsible officials of other
337 states. Nursery stock or plants from any other state may be sold or delivered in Delaware this State under the same
338 conditions required for sale, delivery, or distribution of Delaware nursery stock or plant materials. An official directory of
339 certified nurseries and related nursery businesses will must be accepted from other states in lieu of individual nursery
340 licenses/certificates. licenses or certificates.
341 Section 10. Amend § 1310, Title 3 of the Delaware Code by making deletions as shown by strike through and
342 insertions as shown by underline as follows:
343 § 1310. Violations.
344 (a) Any person(s) who person that has in their possession plants, plant materials materials, or nursery stock that is
345 uncertified, uninspected, and/or or falsely or misleadingly labeled or advertised possesses an illegal regulated commodity.
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346 (1) The aforementioned plants shall be Plants, plant materials, or nursery stock that is an illegal regulated
347 commodity is considered infested or infected with dangerously injurious plant pests and therefore deemed a public
348 nuisance.
349 (2) Public nuisances shall are to be abated as prescribed in § 1304 of this title.
350 (b) If the Secretary determines that the provisions of this section have been violated, the Secretary shall order and
351 direct that the nuisance be abated by the destruction of all of the plants in question, unless the aforementioned person(s)(as
352 applicable): person in possession of an illegal regulated commodity does 1 or more of the following as directed by the
353 Secretary:
354 (1) Submits to the nursery certification process.
355 (2) Provides proper phytosanitary pre-clearance, preclearance, phytosanitary certification certification, or
356 nursery certification.
357 (3) Agrees to have the plants, plant materials materials, or nursery stock returned to the consignor.
358 (4) Provides proper documentation, certification certification, or compliance to support advertising claims.
359 (c) The abatement of this public nuisance shall is to be at the expense of the aforementioned person(s) person and
360 shall is to be without any form of compensation.
361 (b)(d) Under this chapter, any person(s) who person that wilfully or knowingly: knowingly does any of the
362 following is subject to the assessment of a civil penalty, the confiscation or destruction of any and all plants, plant
363 materials, or nursery stock found on the premises or contained in the shipment in question, and the suspension or revocation
364 of the person’s current nursery license or any future operation privileges granted under this chapter:
365 (1) Misrepresents or falsifies information on a nursery license application; application.
366 (2) Fails to obtain a nursery license; license.
367 (3) Fails to renew a nursery license, but continues business operations; operations.
368 (4) Fails to display their nursery license; license.
369 (5) Falsely displays a nursery license; license.
370 (6) Misrepresents or falsifies their nursery license status; status.
371 (7) Misrepresents or falsifies information on a nursery inspection certificate; certificate.
372 (8) Fails to submit to a nursery inspection; inspection.
373 (9) Fails to provide the cooperation necessary to conduct a successful nursery inspection; inspection.
374 (10) Fails to satisfactorily pass the nursery inspection, but continues business operations; operations.
375 (11) Possesses uncertified plants, plant materials materials, or nursery stock; stock.
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376 (12) Possesses an illegal regulated commodity; commodity.
377 (13) Defies a Department hold order; order.
378 (14) Violates a quarantine imposed by the Department; Department.
379 (15) Fails to obtain nursery inspection certification; certification.
380 (16) Fails to obtain phytosanitary certification; certification.
381 (17) Fails to obtain phytosanitary pre-clearance; preclearance.
382 (18) Creates or possesses a public nuisance; nuisance.
383 (19) Misrepresents or falsifies information to obtain nursery inspection certification, phytosanitary
384 certification certification, or phytosanitary pre-clearance; preclearance.
385 (20) Defaces, mutilates mutilates, or destroys a nursery inspection certificate, phytosanitary certificate
386 certificate, or phytosanitary pre-clearance certificate preclearance certificate, or other Department mark; mark.
387 (21) Fails to notify the Department of an uncertified shipment of plant, plant materials materials, or nursery
388 stock; stock.
389 (22) Transports uncertified plants, plant materials materials, or nursery stock; stock.
390 (23) Misrepresents or falsifies plant advertisement or label information; information.
391 (24) Fails to comply with the nursery license advertising requirements; or requirements.
392 (25) Commits any violation of this chapter as determined by the Secretary or the Secretary’s designee
393 designee.
394 shall be subject to the assessment of a civil penalty, the confiscation or destruction of any and all plants, plant
395 materials or nursery stock found on the premises or contained in the shipment in question, and/or the suspension or
396 revocation of their current nursery license or any future operation privileges granted under this chapter.
397 Section 11. Amend § 1311, Title 3 of the Delaware Code by making deletions as shown by strike through and
398 insertions as shown by underline as follows:
399 § 1311. Hearing procedures.
400 (b) The person(s) The Department shall notify in writing the person charged with a violation of this chapter will be
401 notified in writing of the date and time of the administrative hearing. The person(s) person charged with a violation of this
402 chapter shall have has the right to appear in person, to be represented by counsel, and to provide witnesses in the person’s
403 own behalf.
404 Section 12. Amend § 1313, Title 3 of the Delaware Code by making deletions as shown by strike through and
405 insertions as shown by underline as follows:
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406 § 1313. Civil penalties.
407 (a) The civil penalty for violation of any section of this chapter not already stated will be 1 or more of the
408 following:
409 (2) The confiscation or destruction of any and all plants, plant materials materials, or nursery stock found on
410 the premises or contained in the shipment in question.
411 Section 13. Amend § 2103, Title 6 of the Delaware Code by making deletions as shown by strike through and
412 insertions as shown by underline as follows:
413 § 2103. Unlawful conduct.
414 (b) It is unlawful for a person to monopolize, attempt to monopolize, or combine or conspire with any other
415 persons, persons to monopolize trade or commerce of this State.
416 Section 14. Amend § 4504, Title 6 of the Delaware Code by making deletions as shown by strike through and
417 insertions as shown by underline as follows:
418 § 4504. Unlawful practices.
419 (b)(1) No person, being the owner, lessee, proprietor, manager, superintendent, agent, or employee of any place of
420 public accommodation, shall directly or indirectly publish, issue, circulate, post, or display any written, typewritten,
421 mimeographed, printed, television, Internet, or radio communications notice or advertisement to the effect that any of the
422 accommodations, facilities, advantages, and privileges of any place of public accommodation shall be refused, withheld
423 from or denied to any person on account of race, age, marital status, creed, religion, color, sex, disability, sexual
424 orientation, gender identity, or national origin, or that the patronage or custom thereat of any person belonging to or to,
425 purporting to be be, or appearing to be of any particular race, age, marital status, creed, religion, color, sex, disability,
426 sexual orientation, gender identity, or national origin is unlawful, objectionable, or not acceptable, desired, accommodated,
427 or solicited, or that the patronage of persons of any particular race, age, marital status, creed, religion, color, sex, disability,
428 sexual orientation, gender identity, or national origin is preferred or is particularly welcomed, desired, or solicited.
429 (2) A sign that prohibits parking by a holder of a special license plate or permit for persons with disabilities as
430 allowed under § 2134 through § 2135 of Title 21 is a violation under paragraph (b)(1) of this section.
431 Section 15. Amend § 1405, Title 9 of the Delaware Code by making deletions as shown by strike through and
432 insertions as shown by underline as follows:
433 § 1405. Reports of the County Auditor; audit follow up.
434 (b) If during an audit the County Auditor shall at any time discover an unauthorized, illegal, irregular, or unsound
435 financial practice that could affect the governmental entity, the County Auditor shall report the financial irregularities to the
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436 County Council, the County Executive, the Chief Administrative Officer Officer, and the Audit Committee. If a member of
437 Council, the County Executive Executive, or the Chief Administrative Officer is believed to be a party to an unauthorized,
438 illegal, irregular irregular, or unsound financial practice, the County Auditor shall report the acts directly to the Audit
439 Committee or the head of the branch of government unaffected by the report if a member of the Audit Committee is
440 believed to be a party to the suspected irregularity. If it appears that the act is criminal in nature, the County Auditor shall
441 immediately notify the County Attorney in addition to those previously cited; if an ethics code violation is suspected, the
442 County Auditor shall immediately notify the Ethics Commission.
443 Section 16. Amend § 566, Title 10 of the Delaware Code by making deletions as shown by strike through and
444 insertions as shown by underline as follows:
445 § 566. Health care malpractice litigation.
446 (b) The Judges of the Superior Court or a majority of them may, from time to time, adopt and promulgate such
447 rules as they are permitted to promulgate in Chapter 68 of Title 18 or which they deem necessary for the regulation of the
448 practice and procedure relating to the commencement, trial, hearing hearing, and determination of civil actions in the
449 Superior Court and especially relating to the malpractice review panels provided for in subchapter III [repealed] of Chapter
450 68 of Title 18 in health care malpractice litigation. Court. Such rule-making power shall be is in addition to all such rule-
451 making powers otherwise granted to the Judges of the Superior Court in this title.
452 Section 17. Amend § 2105, Title 11 of the Delaware Code by making deletions as shown by strike through and
453 insertions as shown by underline as follows:
454 § 2105. Release under a conditions of release bond or conditions of release bond not guaranteed by financial terms
455 [Effective upon fulfillment of the contingency in 84 Del. Laws, c. 473, § 17].
456 (b) In a pretrial release order, the court shall include a written statement that does all of the following:
457 (3) Advises the defendant that the defendant would be eligible for temporary preventive detention pending a
458 pretrial hearing if the defendant is arrested while pending trial on the current offense. or projectile weapon
459 Section 18. Amend § 2107, Title 11 of the Delaware Code by making deletions as shown by strike through and
460 insertions as shown by underline as follows:
461 § 2107. Determining the amount of bail [Effective upon fulfillment of the contingencies in 83 Del. Laws, c 72, § 3,
462 as amended by 84 Del. Laws, c. 473, § 18, and in 84 Del. Laws, c. 473, § 17].
463 (c) Notwithstanding any provision of this title to the contrary, a defendant charged with committing or projectile
464 weapon any offense listed in § 2116(b) of this title may be subject to preventive detention without bail.
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465 Section 19. Amend § 1716E, Title 14 of the Delaware Code by making deletions as shown by strike through and
466 insertions as shown by underline as follows:
467 § 1716E. Mental health services unit and funding for grades K through 5.
468 (h) By December 31, 2025, the Department of Education, in coordination with the General Assembly, shall
469 develop a strategic plan to reasonably expand this unit into Delaware district preschools preschools, middle schools
470 schools, and high schools.
471 Section 20. Amend § 3001, Title 14 of the Delaware Code by making deletions as shown by strike through and
472 insertions as shown by underline as follows:
473 § 3001. State Early Childhood Education Program.
474 (e)(1) The Department shall provide the early childhood educational services by contracting with public and
475 private providers, including providers administering federal Head Start programs within this State.
476 (4) A contract under this paragraph subsection may be in place for up to 5 years, including renewals, if there is
477 sufficient funding contained within the annual appropriations act and the contractor adheres to program standards, as
478 defined by the Department.
479 Section 21. Amend § 3004, Title 14 of the Delaware Code by making deletions as shown by strike through and
480 insertions as shown by underline as follows:
481 § 3004. Meetings; organizational structure.
482 The Delaware Early Childhood Council (ECC) shall convene regularly-scheduled meetings at least 6 times
483 annually. The ECC may form an executive committee from its members and other subcommittees. The ECC may form
484 standing subcommittees including professional development, quality improvement system, data, and higher education. The
485 ECC shall fulfill all the responsibilities designated under the federal Improving Head Start for School Readiness Act of
486 2007 (P.L. 110-134) et seq., (P.L. 110-134) for the State’s Advisory Council on Early Childhood Education and Care.
487 Section 22. Amend § 801D, Title 16 of the Delaware Code by making deletions as shown by strike through and
488 insertions as shown by underline as follows:
489 Chapter 8D. Maternal Perinatal Mental Health
490 § 801D. Policy.
491 The maternal perinatal mental health-care policy of this State shall serve to increase the likelihood that a person
492 who has given birth and experiences symptoms of perinatal mood and anxiety disorder will receive the necessary mental
493 health treatment. The goal of this policy is to provide sufficient resources of information and support, including patient
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494 screening during pregnancy, and in the postpartum period for people with perinatal mood and anxiety disorder to decrease
495 child abuse or neglect and the need for inpatient treatment.
496 Section 23. Amend § 803D, Title 16 of the Delaware Code by making deletions as shown by strike through and
497 insertions as shown by underline as follows:
498 § 803D. Perinatal mood and anxiety disorder materials and information.
499 (b) Maternal Perinatal health-care providers shall do all of the following:
500 (1) Provide the materials and information developed under subsection (a) of this section to any person who
501 presents in pregnancy or the postpartum period.
502 (2) Encourage any person who presents in pregnancy or the postpartum period to share the materials and
503 information with their child’s family members or caregivers and their family members and caregivers.
504 Section 24. Amend § 804D, Title 16 of the Delaware Code by making deletions as shown by strike through and
505 insertions as shown by underline as follows:
506 § 804D. Perinatal mood and anxiety screening.
507 Maternal Perinatal health-care providers shall begin evaluations and take action when they recognize symptoms of
508 perinatal mood and anxiety disorder, when a person screens positive for perinatal mood and anxiety disorders, or when they
509 observe that care for a child suffers.
510 Section 25. Amend § 1034, Title 16 of the Delaware Code by making deletions as shown by strike through and
511 insertions as shown by underline as follows:
512 § 1034. Implementation; authorized modifications; suspension of assessment in certain circumstances [For
513 application of this section, see 84 Del. Laws, c. 476, § 4].
514 (b) Notwithstanding any other law to the contrary, the Department shall administer this subchapter in a manner
515 which meets any and all eligibility requirements necessary for federal financial participation under Title XIX of the Social
516 Security Act, 42 U.S.C. §§ § 1396 through 1396w-7. et seq.
517 (c) The assessment imposed under § 1032 of this title is suspended, and a hospital does not have an obligation to
518 pay the assessment, when the Commission certifies in a notice to the Registrar of Regulations that any of the following
519 apply:
520 (1) A federal law or rule change by CMS prohibits the type of assessment imposed under § 1032 of this title
521 or otherwise declares the type of assessment under § 1032 of this title impermissible under Title XIX of the Social
522 Security Act, 42 U.S.C. §§ § 1396 through 1396w-7. et seq.
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523 Section 26. Amend § 1045, Title 16 of the Delaware Code by making deletions as shown by strike through and
524 insertions as shown by underline as follows:
525 § 1045. Hospital Quality and Health Equity Assessment Commission [For application of this section, see 84 Del.
526 Laws, c. 476, § 4].
527 (d) Duties and authority of the Commission. — (1) The Commission shall meet as follows:
528 a. At least once before the date the first remittance of the assessment imposed under § 1032 of this title is
529 due and, thereafter, at least once a year.
530 b. At the call of the Chair for the purpose of reviewing implementation of the assessment and taking
531 actions necessary in furtherance of this subchapter and subchapter II of this chapter.
532 (2) At each Commission meeting under subsection (d)(1)a. of this section, the Division of Medicaid and
533 Medical Assistance shall report to the Commission as to the following:
534 f. The status of any discussions or negotiations with CMS related to the assessment and any modifications
535 necessary to assure continued eligibility under Title XIX of the Social Security Act, 42 U.S.C. §§ § 1396 through
536 1396w-7. et seq.
537 (e) Modifications. — (1) The Commission shall, in collaboration with the Division of Medicaid and Medical
538 Assistance and the Delaware Health Care Commission, develop and recommend to the General Assembly modifications of
539 subchapter II of this chapter and this subchapter necessary to assure the assessment imposed under § 1032 of this title meets
540 eligibility requirements for federal financial participation under Title XIX of the Social Security Act, 42 U.S.C. §§ 1396
541 through 1396w-7. et seq.
542 Section 27. Amend § 1109, Title 16 of the Delaware Code by making deletions as shown by strike through and
543 insertions as shown by underline as follows:
544 § 1109. Civil penalties.
545 (e) Each day of a continuing violation constitutes a separate violation. However, a penalty for a health and safety
546 violation may not exceed $2,500 $5,000 per day beyond the initial day. A penalty for a nonhealth and safety violation may
547 not exceed $1,250 $2,500 per day beyond the initial day.
548 Section 28. Amend § 2503B, Title 16 of the Delaware Code by making deletions as shown by strike through and
549 insertions as shown by underline as follows:
550 § 2503B. Advance mental health-care directive awareness [Effective Sept. 30, 2025].
551 (c) As provided in subsection (d) of this section, a health-care institution, health-care professional, and or certified
552 peer recovery specialist may assist an individual with creating an advance mental health-care directive.
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553 Section 29. Amend § 2704, Title 16 of the Delaware Code by making deletions as shown by strike through and
554 insertions as shown by underline as follows:
555 § 2704. Disposition of remains [For application of this section, see 84 Del. Laws, c. 261, § 16].
556 An approved institution that has received a dead body under this subchapter shall, on completion of the study of
557 the body, deliver the body as then constituted to the Division of Forensic Science medical examiner’s office of the county
558 in which the approved institution is situated for “natural organic reduction,” as defined under § 3101 of this title, burial, or
559 cremation. The approved institution shall pay the expenses of the “natural organic reduction,” as defined under § 3101 of
560 this title, burial, or cremation, and of the preparation of the body therefor, at the rates provided by law or which are usual
561 and customary in such cases. However, with the approval of the Inspector of Anatomy under § 2706 of this title, the
562 approved institution may retain certain portions of said body for special research or teaching purposes.
563 Section 30. Amend § 10201, Title 16 of the Delaware Code by making deletions as shown by strike through and
564 insertions as shown by underline as follows:
565 Chapter 102. The 2-1-1 211 Community Social Services Helpline
566 § 10201. Purpose.
567 The purpose of this chapter is to establish a 2-1-1 211 Community Social Services Helpline (2-1-1 (211 Helpline)
568 to provide community social services information and referral services at a centralized location, 24 hours a day, 7 days a
569 week.
570 Section 31. Amend § 10202, Title 16 of the Delaware Code by making deletions as shown by strike through and
571 insertions as shown by underline as follows:
572 § 10202. Definitions.
573 As used in this chapter:
574 (a)(1) “Board” means the 2-1-1 211 Advisory Board.
575 (b)(2) “Director” means the Director of the Office of Management and Budget.
576 (c)(3) “Office” means the Office of Management and Budget.
577 Section 32. Amend § 10203, Title 16 of the Delaware Code by making deletions as shown by strike through and
578 insertions as shown by underline as follows:
579 § 10203. Powers and duties of the Office.
580 (a) The Office shall implement the nonemergency 2-1-1 211 telephone number to provide human social services
581 information concerning the availability of governmental and nonprofit services and to provide referrals to community social
582 services and disaster-related information agencies.
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583 (b) The Office shall register the 2-1-1 211 Community Social Services Helpline with the 911 Committee
584 established by § 10004(e) of this title, all phone companies, the Association of Information and Referral Services, and the
585 United Way of America.
586 (c) The Office shall designate the Delaware Helpline, Inc. as the primary service provider for the 2-1-1 211
587 Helpline and contract with a private phone service to ensure 24-hour operation of the 2-1-1 211 Helpline.
588 (d) The Office shall be responsible for raising raise community awareness about the 2-1-1 211 Helpline and
589 website through, but not limited to, website, including through the use of marketing and outreach activity forums that
590 include presentations on statewide community social services that are available through the government and not-for-profit-
591 agencies.
592 Section 33. Amend § 10204, Title 16 of the Delaware Code by making deletions as shown by strike through and
593 insertions as shown by underline as follows:
594 § 10204. The 2-1-1 211 Advisory Board.
595 (a) The 2-1-1 211 Advisory Board is established to advise the Governor, the Director, and the General Assembly
596 on matters related to the 2-1-1 211 Community Social Services Helpline system and service.
597 Section 34. Amend § 10205, Title 16 of the Delaware Code by making deletions as shown by strike through and
598 insertions as shown by underline as follows:
599 § 10205. Duties and responsibilities of the Board.
600 (a) The Board shall review the 2-1-1 211 Community Social Services system and services and submit
601 recommendations to the Office for changes, modifications, or deletions.
602 (b) The Board shall schedule and conduct at least 4 regular meetings during the first year of operation of the 2-1-1
603 211 Helpline. The public must be given an opportunity to express views concerning the 2-1-1 211 Helpline system and
604 service. Thereafter, the Board shall meet at such times and places as the members consider necessary and at such times as
605 requested by the Director.
606 Section 35. Amend § 2379, Title 19 of the Delaware Code by making deletions as shown by strike through and
607 insertions as shown by underline as follows:
608 § 2379. Workplace safety program.
609 (g) Renewals and eligibility. — To remain in the program, a participating an employer must apply for the
610 workplace safety program each year. For each year after the initial qualification, the inspection requirement shall consist of
611 1 unannounced inspection. The Department of Insurance shall maintain a list of inspection charges which shall be sent to
612 interested parties upon request.
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613 Section 36. Amend § 4356A, Title 21 of the Delaware Code by making deletions as shown by strike through and
614 insertions as shown by underline as follows:
615 § 4356A. Use of revolving or flashing green light.
616 (b) A motor vehicle authorized under subsection (a) of this section to be equipped with a green revolving or
617 flashing light may only use the light as follows:
618 (3) If the motor vehicle is snow removal equipment that is owned and operated by the State or a municipality
619 and is in use during winter cold weather operations.
620 Section 37. Amend § 4402, Title 21 of the Delaware Code by making deletions as shown by strike through and
621 insertions as shown by underline as follows:
622 § 4402. Enforcement; removal of abandoned vehicles; transfer thereof.
623 (d) If an abandoned vehicle is on private property with the consent of the owner or occupant thereof, of or if an
624 abandoned vehicle is owned by the owner or occupant of the private property where the vehicle is located, representatives
625 of the Department, State Police, a county code enforcement constable, or a municipal police officer may enter upon the
626 property where such vehicle is located to ascertain its ownership. The Department, county, or municipality shall notify the
627 owner of the abandoned vehicle by certified mail sent to the owner’s last known address to remove such vehicle within 7
628 days from the date of the mailing. If the vehicle is not removed within 7 days or if the owner cannot be located for the
629 purpose of sending the written notice, then representatives of the Department, State Police Police, county code
630 enforcement, or municipal police may enter upon the property where the vehicle is located and conspicuously affix thereto
631 a sticker or tag showing the time and date of its affixing, advising the owner that if the vehicle is not removed within 24
632 hours from the time of the affixing of the sticker, the vehicle shall be removed to a storage area designated by the
633 Department, State Police, a county code enforcement agency, or a municipal police department. This subsection shall does
634 not apply to automobile graveyards as defined in § 1202(b)(2) of Title 17 nor to any vehicle on private property which is
635 not visible from the street or road and is not otherwise a nuisance or a health or fire hazard.
636 Section 38. Amend § 5302, Title 24 of the Delaware Code by making deletions as shown by strike through and
637 insertions as shown by underline as follows:
638 § 5302. Definitions.
639 For purposes of this section: chapter:
640 (10) “Substantially related” means the nature of the criminal conduct, for which the person was convicted, has
641 a direct bearing on the fitness or ability to perform 1 or more of the duties or responsibilities necessarily related to the
642 practice of massage and bodywork.
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643 Section 39. Amend § 363, Title 26 of the Delaware Code by making deletions as shown by strike through and
644 insertions as shown by underline as follows:
645 § 363. Special provisions for municipal electric companies and rural electric cooperatives.
646 (b) In the event that a municipal electric company or rural electric cooperative elects to exempt itself from the
647 requirements of this subchapter, it shall submit a plan at the beginning of 2022–2025 2025 to its local regulatory authority,
648 the Delaware General Assembly, and the Department of Natural Resources and Environmental Control detailing its
649 approach to achieve a level transitioning to increased of renewable energy purchases, including an evaluation of offshore
650 wind resources and solar resources available penetration in its service territory, and shall set forth a long-term plan detailing
651 how the entity will contribute to helping the State achieve the carbon reduction goals set forth in Chapter 100 of Title 7.
652 The entity shall submit an annual compliance report to its local regulatory authority, the Delaware General Assembly, and
653 the Department of Natural Resources and Environmental Control detailing its progress toward yearly targets. If the State
654 Energy Office has approved an offshore wind contract, the annual compliance report shall detail the reporting entity’s status
655 of adoption of the offshore wind contract. If the reporting entity declined to participate in a solicitation by the State Energy
656 Office for an offshore wind contract in the reporting period, the reporting entity shall detail in the report the reasons for its
657 failure to participate, identify changes to the solicitation that would have resulted in its participation, and detail its plans to
658 purchase offshore wind energy through other means, or its plans to otherwise increase its level of purchases of renewable
659 energy resources.
660 Section 40. Amend § 108, Title 29 of the Delaware Code by making deletions as shown by strike through and
661 insertions as shown by underline as follows:
662 § 108. Concurrent juvenile legislative jurisdiction.
663 (b) Relinquishment of exclusive juvenile jurisdiction. —
664 (2) In accordance with 10 U.S.C. § 2683 the State hereby authorizes acceptance of relinquishment by the
665 United States of exclusive federal jurisdiction over alleged juvenile violations of federal criminal laws occurring on the
666 Dover Air Force Base property or on any other land, previously ceded to the United States by the State, which contains
667 a military installation. Acceptance by the State of relinquishment of exclusive criminal juvenile legislative jurisdiction
668 is conditioned on all the following conditions being met:
669 a. A duly authorized official or agent of the United States, acting under authority conferred by Congress,
670 under 10 U.S.C. § 2683, must notify the Governor that the United States wishes to relinquish to the State exclusive
671 juvenile legislative jurisdiction, or a portion thereof, held by the United States over the lands designated in such
672 notice, which are within the boundaries of this State, and used by the United States as a military installation.
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673 b. The Governor shall not accept a request under this paragraph (b)(2) unless the request contains all of
674 the following:
675 1. States the name, position, and legal authority of the person requesting the cessation of exclusive
676 juvenile legislative jurisdiction.
677 2. Describes by metes and bounds the United States military installation property subject to the
678 concurrent juvenile legislative jurisdiction.
679 3. Indicates whether the request includes future contiguous expansions of land acquired for military
680 purposes.
681 Section 41. Amend § 1132, Title 29 of the Delaware Code by making deletions as shown by strike through and
682 insertions as shown by underline as follows:
683 § 1132. Definitions.
684 As used in this subchapter:
685 (1) “Agency” means as defined in § 10102 of this title.
686 (2) “Division” means the Division of Legislative Services as established pursuant to this chapter.
687 (3) “Official regulation” means a regulation in its final form as adopted by an order as defined in § 10118 of
688 this title and filed with the Registrar of Regulations.
689 (4) “Register of Regulations” means a publication authorized and recognized by law published for public
690 information purposes, providing public notice of changes in agency regulations, whether new, modified or repealed,
691 together with supplemental information as deemed appropriate by the Registrar.
692 (5) “Registrar” means an employee of the Division charged with the responsibility of compiling, maintaining
693 and publishing the Register of Regulations.
694 (6) “Regulation” means as defined in § 10102 of this title.
695 Section 42. Amend § 2909, Title 29 of the Delaware Code by making deletions as shown by strike through and
696 insertions as shown by underline as follows:
697 § 2909. Audit reports.
698 (b) An audit report must include at least all of the following:
699 (3) All illegal and or unbusinesslike practices.
700 Section 43. Amend § 6981, Title 29 of the Delaware Code by making deletions as shown by strike through and
701 insertions as shown by underline as follows:
702 § 6981. Large professional service procurement process.
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703 (l) Cancellation of solicitation. — A solicitation may be canceled or any or all proposals may be rejected in whole
704 or in part if it is in the best interest of the State. The reasons for the cancellation or rejection shall be made part of the
705 procurement file.
706 (1) If a solicitation is canceled prior to before the opening of proposals, a notice of cancellation shall must be
707 posted with the public record of the solicitation; and solicitation.
708 (2) Any proposals that have been received shall be returned unopened to the vendors. Electronic proposals
709 received shall be deleted from the agency system and notice of deletion provided to the vendor.
710 (3) If a solicitation is canceled after the proposal opening, a notice of cancellation shall be posted with the
711 public record of the solicitation; and solicitation.
712 (4) Any proposals shall be returned to the vendors. Electronic proposals shall be deleted from the agency
713 system and notice of deletion provided to the vendor.
714 Section 44. Amend § 8011, Title 29 of the Delaware Code by making deletions as shown by strike through and
715 insertions as shown by underline as follows:
716 § 8011. Water Infrastructure Advisory Council.
717 (c) (1) The Council is composed of 16 members appointed by the Governor with the advice and consent of the
718 Senate.
719 (2) The Governor shall appoint the Council’s chair. The chair serves at the Governor’s pleasure. The
720 Governor may remove the chair from Council entirely if the Governor removes the chair from the chair position.
721 (3) A Council council member other than the chair serves for a term of 3 years.
722 (4) The Governor may appoint a Council council member for a term of less than 3 years to ensure that terms
723 expire on a staggered bases of no more than 4 expiring terms in a calendar year.
724 (9) The Governor shall appoint 3 of the Council’s 16 members as nonvoting members who serve at the
725 Governor’s pleasure: 1 member representing the water utilities, 1 member who is the district coordinator of 1 of the
726 conservation districts, and 1 member representing the Farm Bureau. These members may provide annual
727 recommendations to the Council relating to stormwater, drainage, flood protection, resource and conservation
728 development projects, agricultural and conservation cost share, cover crops, conservation reserve enhancement, or tax
729 ditches.
730 (d) A Council council member does not receive compensation but may be reimbursed for the member’s actual and
731 necessary expenses incurred in the performance of the member’s official duties.
732 (e) The Council’s duties and responsibilities include all of the following:
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733 (1) To evaluate, establish, recommend, and adopt all of the following:
734 a. A long-term plan for the public funding of drinking water supply facility and wastewater facility
735 infrastructure projects. The plan must cover a period of not less than 6 years, be updated and prioritized on an
736 annual basis, and incorporated into DNREC’s and DHSS’s annual capital budget requests to the Governor. The
737 Council shall submit a copy of the adopted plan to the General Assembly and the Director and the Librarian of the
738 Division of Legislative Services on or before November 15 of each year.
739 b. Annual advisory recommendations related to wastewater infrastructure, stormwater infrastructure, and
740 drinking water infrastructure addressing the elements required for inclusion in the strategic plan for clean water
741 under § 8082(d) of this title. The Council shall submit the recommendations to the Clean Water Trust Fund
742 Oversight Committee on or before September 15 of each year.
743 (2) a. To establish standards and procedures for persons to submit requests for funding the construction,
744 repair, renovation, or expansion of water supply facilities and wastewater facilities. Using the standards and procedures
745 that the Council establishes, the Council shall recommend specific grants or loans, or both, using funds authorized for
746 the grants or loans by act of the General Assembly or funds that the Delaware State Clearinghouse Committee
747 approves.
748 (3) a. To develop and periodically update a nonbinding comprehensive, statewide water supply facilities and
749 wastewater facilities assessment to be presented in 3 sections, 1 for each county. The Council may retain the services
750 of necessary professionals and may enter into agreements in order to prepare the assessment.
751 (f)(1) A majority of the voting members must be present at a Council council meeting in order to have a quorum
752 and conduct official business. A vacant voting member position is not counted for quorum purposes.
753 (3) The Council shall conduct a public meeting in each county prior to voting on the annual adoption of the
754 water supply infrastructure and wastewater infrastructure plan under paragraph (e)(1)a. of this section.
755 (4) The Council is subject to the applicable provisions of the Administrative Procedures Act (Chapter 101 of
756 this title).
757 (g) The Council shall work in concert with DNREC, DHSS, DelDOT, DDA, the Conservation Districts, the
758 Delaware Geological Survey, the Public Service Commission, DOF, the Cabinet Committee on State Planning Issues, and
759 any other appropriate department, agency, or committee focusing on statewide planning issues. Each agency shall provide
760 reasonable staff time and resources as the Council may require to fulfill the Council’s duties and responsibilities. The
761 Council shall also work in concert with the Water Resources Agency of New Castle County and each appropriate agency
762 that a county may designate. DNREC and DHSS are the lead agencies in coordinating support for the Council.
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763 (h)(1) The Council shall provide guidance and policy advice to the Governor and Secretaries and assist in the
764 statewide effort to develop infrastructure programs related to water supply, drainage, stormwater management, and flood
765 control. The guidance must include state-level direction to DNREC, DHSS, and local agencies and operating units in the
766 development of standardized processes and procedures for identifying and prioritizing problems and development of
767 watershed-based solutions.
768 (2) The Council shall provide guidance to the State in improving the quality of customer service and
769 reviewing annual localized work plans.
770 (i) The Council shall assist in defining areas of responsibility among state and local agencies, and coordinating
771 implementation and operations.
772 (j) The Council shall assist the State in establishing a central response unit that DNREC coordinates to handle
773 public calls relating to drainage, stormwater, and flood control.
774 (k) The Council shall assist in the statewide effort for the development of sustainable program funding options.
775 (l)(1) The Council shall assist in the development and evaluation of criteria for watershed-based plans for surface
776 water management.
777 (2) The Council shall assist in developing the priority needs for watershed plans.
778 (3) The Council shall assist in developing a strategy for long term planning for future growth relating to
779 surface water management. This strategy may include options for private-public partnerships for infrastructure
780 improvement and regional solutions.
781 Section 45. Amend § 8723, Title 29 of the Delaware Code by making deletions as shown by strike through and
782 insertions as shown by underline as follows:
783 § 8723. Delaware Commission of Veterans’ Affairs — Organization and operation.
784 (g) The Executive Director or the Executive Director’s designee shall attend all meetings of the Commission, keep
785 a full and true record of its proceedings, preserve at its general office all its books, documents and papers, and perform such
786 other duties as the Commission may prescribe.
787 Section 46. Amend § 8905, Title 29 of the Delaware Code by making deletions as shown by strike through and
788 insertions as shown by underline as follows:
789 § 8905. Council on Correction [Effective until Sept. 17, 2026].
790 (a) Purpose. — The Council on Correction, referred throughout this section as “Council,” “the Council,” is
791 established to serve in an advisory capacity to the Commissioner of the Department of Correction. The Council’s purpose is
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792 to collect and evaluate the best available data to make recommendations to the Commissioner of the Department of
793 Correction to further the following goals:
794 (4) Foster a constructive and respectful relationship between the Department of Correction and the public.
795 (b) The Council shall consider matters relating to the development and progress of the adult correctional system of
796 this State, including all of the following:
797 (4) Another matter that the Governor, the Commissioner of the Department of Correction, or a chief of a
798 bureau or division within the Department of Correction may refer to the Council.
799 (c) The Council may study, research, plan, and advise the Governor, the Commissioner of the Department of
800 Correction, or the chiefs of the bureaus or divisions within the Department of Correction on matters that the Council
801 identifies as appropriate to enable the Department to function in the best manner.
802 (d) Council membership. — (1) The Council is comprised of 7 members who are appointed by the Governor. The
803 Council may submit names for the Governor to consider when making an appointment.
804 (2) Each member is appointed for a period of 3 years. Each term of office expires on the date specified in the
805 appointment; however, a member remains eligible to participate in Council council proceedings until the Governor
806 replaces that member. The Governor may appoint a member for a term of less than 3 years to ensure that members’
807 terms expire on a staggered basis.
808 (3) The Council shall annually elect a chair and a vice chair from among its members.
809 (4)a. The Governor may remove a member for gross inefficiency, misfeasance, nonfeasance, or neglect of
810 duty in office.
811 b. A member is deemed in neglect of duty if the member is absent from 3 consecutive, regular Council
812 council meetings without good cause or attends less than 50% of Council council meetings in a calendar year.
813 (e) Meetings and quorum. — (1) The Council shall meet at least 6 times per year.
814 (2) The Council shall conduct at least 1 meeting in each county per calendar year.
815 (3) The number of Council council members who must be present at a meeting to have quorum and conduct
816 official business is the majority of appointed members. A member vacancy is not counted for quorum.
817 (f) The Council may adopt bylaws or other procedural rules to carry out its functions under this section.
818 (g) The Council must conduct its meetings and other business under Chapter 100 of this title (Freedom of
819 Information Act).
820 (h) The Council shall submit an annual report no later than December 1 to the Governor, General Assembly,
821 Commissioner of the Department of Correction, chiefs of the bureaus and divisions under the Department of Correction,
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822 Executive Director of the Criminal Justice Council, and Director and the Librarian of the Division of Legislative Services.
823 The annual report must include at least all of the following:
824 (2) Training programs Council council members completed.
825 (3) The Council’s priorities and activities, including participation in legislative matters.
826 (5) The Council’s goals, priorities, and planned activities for the next calendar year.
827 (i) The Council is a Department of Correction entity, but the Criminal Justice Council, through its Executive
828 Director, shall provide reasonable and necessary staff support and materials to assist the Council in performing its duties
829 under this section.
830 Section 47. Amend § 8905, Title 29 of the Delaware Code by making deletions as shown by strike through and
831 insertions as shown by underline as follows:
832 § 8905. Council on Correction [Effective Sept. 17, 2026].
833 (a) Purpose. — The Council on Correction, referred throughout this section as “Council,” “the Council,” is
834 established to serve in an advisory capacity to the Commissioner of the Department of Correction. The Council’s purpose is
835 to collect and evaluate the best available data to make recommendations to the Commissioner of the Department of
836 Correction to further the following goals:
837 (4) Foster a constructive and respectful relationship between the Department of Correction and the public.
838 (b) The Council shall consider matters relating to the development and progress of the adult correctional system of
839 this State, including all of the following:
840 (4) Another matter that the Governor, the Commissioner of the Department of Correction, or a chief of a
841 bureau or division within the Department of Correction may refer to the Council.
842 (c) The Council may study, research, plan, and advise the Governor, the Commissioner of the Department of
843 Correction, or the chiefs of the bureaus or divisions within the Department of Correction on matters that the Council
844 identifies as appropriate to enable the Department to function in the best manner.
845 (d) Council membership. — (1) The Council is comprised of 7 members who are appointed by the Governor. The
846 Council may submit names for the Governor to consider when making an appointment.
847 (2) Each member is appointed for a period of 3 years. Each term of office expires on the date specified in the
848 appointment; however, a member remains eligible to participate in Council council proceedings until the Governor
849 replaces that member. The Governor may appoint a member for a term of less than 3 years to ensure that members’
850 terms expire on a staggered basis.
851 (3) The Council shall annually elect a chair and a vice chair from among its members.
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852 (4)a. The Governor may remove a member for gross inefficiency, misfeasance, nonfeasance, or neglect of
853 duty in office.
854 b. A member is deemed in neglect of duty if the member is absent from 3 consecutive, regular Council
855 council meetings without good cause or attends less than 50% of Council council meetings in a calendar year.
856 (e) Meetings and quorum. — (1) The Council shall meet at least 6 times per year.
857 (2) The Council shall conduct at least 1 meeting in each county per calendar year.
858 (3) The number of Council council members who must be present at a meeting to have quorum and conduct
859 official business is the majority of appointed members. A member vacancy is not counted for quorum.
860 (f) The Council may adopt bylaws or other procedural rules to carry out its functions under this section.
861 (g) The Council must conduct its meetings and other business under Chapter 100 of this title (Freedom of
862 Information Act).
863 (h) The Council shall submit an annual report no later than December 1 to the Governor, General Assembly,
864 Commissioner of the Department of Correction, chiefs of the bureaus and divisions under the Department of Correction,
865 Executive Director of the Criminal Justice Council, and Director and the Librarian of the Division of Legislative Services.
866 The annual report must include at least all of the following:
867 (2) Training programs Council council members completed.
868 (3) The Council’s priorities and activities, including participation in legislative matters.
869 (5) The Council’s goals, priorities, and planned activities for the next calendar year.
870 Section 48. Amend § 573, Title 30 of the Delaware Code by making deletions as shown by strike through and
871 insertions as shown by underline as follows:
872 § 573. Failure to file return, supply information or pay tax; class A misdemeanor.
873 (d) This section does not apply to any person required to pay an estimated tax or tax required under § 3002 of this
874 title and Chapters 51 and 52 title, Chapter 51 of this title, or Chapter 52 of this title.
875 Section 49. Amend § 574, Title 30 of the Delaware Code by making deletions as shown by strike through and
876 insertions as shown by underline as follows:
877 § 574. Fraud and false statements; class E felony.
878 (b) This section does not apply to any matter arising out of, document required by, or tax imposed under § 3002 of
879 this title and Chapters 51 and 52 title, Chapter 51 of this title, or Chapter 52 of this title.
880 Section 50. Amend § 4071, Title 31 of the Delaware Code by making deletions as shown by strike through and
881 insertions as shown by underline as follows:
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882 § 4071. Definitions [For application of this section, see 84 Del. Laws, c. 352, § 3].
883 As used in this subchapter:
884 (a)(1) “DSHA” means the Delaware State Housing Authority as established in Chapter 86 of Title 29.
885 (b)(2) “DWH grant” or “grant” means a Delaware Workforce Housing grant as set forth in § 4072 of this title.
886 (c)(3) “Investment Level 1” and “Investment Level 2” means the investment levels as set forth by the
887 Delaware Strategies for State Policies and Spending document approved by the Governor in Executive Order 42 on
888 July 23, 2020.
889 (d)(4) “Minimum qualified workforce housing threshold” means the minimum level of qualified workforce
890 housing investment required by a qualified workforce housing investor in a workforce housing unit to qualify for a
891 grant, as determined by DSHA. The minimum qualified workforce housing threshold must be no lower than $25,000.
892 No more than once per year, DSHA may amend the minimum qualified workforce housing threshold with respect to
893 the types of projects or other criteria determined by DSHA to be necessary or convenient to accomplish the purposes of
894 this subchapter.
895 (e)(5) “Qualified workforce housing investment” means the amount in excess of the minimum qualified
896 workforce housing threshold that is properly chargeable to a capital account for improvements to rehabilitate, expand,
897 or construct depreciable real property placed in service during the calendar year.
898 (f)(6) “Qualified workforce housing investor” means an owner or tenant of real property located within an
899 Investment Level 1 or Investment Level 2 zone who expands, rehabilitates, or constructs such real property for use as a
900 workforce housing unit. In the case of a tenant, the amounts of qualified workforce housing investment specified in this
901 section must relate to the proportion of the workforce housing unit for which the tenant holds a valid lease. In the case
902 of an owner of an individual unit within a “common interest community,” as such term is defined in § 81-103 of Title
903 25, the amount of qualified workforce housing investment specified in this subchapter must relate to the proportion of
904 the workforce housing unit for which the owner holds title and not to common elements.
905 (g)(7) “Workforce housing unit” means a residential dwelling for a household whose income does not exceed
906 100% of the median income for the area as defined by the United States Department of Housing and Urban
907 Development.
908 Section 51. Amend Section 3-08, Article III of The Charter of the Town of Newport by making deletions as shown
909 by strike through and insertions as shown by underline as follows:
910 Article III - The Mayor And Commissioners
911 Section 3-08 Commissioners Prohibitions
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912 C. Interference with Administration. the The Mayor and Commissioners shall deal with Town officers and employees who
913 are subject to the direction and supervision of the Town Manager solely through the Town Manager, and neither
914 the Mayor nor the Commissioners, nor its members shall give orders to any such officer or employee, either
915 publicly or privately.
916 Section 52. Amend Section 4-01, Article IV of The Charter of the Town of Newport by making deletions as shown
917 by strike through and insertions as shown by underline as follows:
918 Article IV – Assessment Of Property; Taxes
919 Section 4-01 Property Assessment Procedure
920 B. Use of County Assessments. It shall be lawful for the Town to enter into an agreement with the Board of Assessment for
921 New Castle County to inspect and copy, or to obtain copies, of the assessments made for County purposes. The
922 Town Manager shall utilize the County assessment for municipal purposes and shall not preclude the Town from
923 modifying the County assessment list to take into account new construction, tax exemption status, or use not
924 reflected in the County assessment list, or clear cases of inequitable assessment.
925 Section 53. Amend Section 4-02, Article IV of The Charter of the Town of Newport by making deletions as shown
926 by strike through and insertions as shown by underline as follows:
927 Section 4-02 Levy of Taxes
928 The Commissioners shall, after having ascertained the revenue necessary to balance the budget and having apportioned said
929 sum on the assessment and valuation as provided for in this Charter, shall have the Town Manager utilize the County
930 assessment roll containing the names of the taxables, as well as the owners of real estate and the tax on the entire valuation
931 and assessment at a rate per one hundred dollars. The Assessment roll shall be certified true and correct by the Town
932 Manager.
933 Section 54. Amend Section 6-06, Article VI of The Charter of the Town of Newport by making deletions as shown
934 by strike through and insertions as shown by underline as follows:
935 Article VI – Finances And Indebtedness
936 Section 6-06 Capital Program
937 A. Submission to the Commissioners. The town manager Town Manager shall prepare and submit to the
938 Commissioners any capital improvement plan for approval.
939 Section 55. Amend Section 11-01, Article XI of The Charter of the Town of Newport by making deletions as
940 shown by strike through and insertions as shown by underline as follows:
941 Article XI – Planning
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942 Section 11-01 [Reserved.]
943 Section 56. Amend Section 11-02, Article XI of The Charter of the Town of Newport by making deletions as
944 shown by strike through and insertions as shown by underline as follows:
945 Section 11-02 Comprehensive Development Plan
946 A. Development. The Commissioners shall adopt, adopt every 10 years or sooner, if required, a comprehensive
947 development plan setting forth, in graphic and textual form, policies to govern the future physical development of
948 the Town. Such plan may cover the entire Town and all of its functions and services or may consist of a
949 combination of plans governing specific functions and services or specific geographical areas. Such
950 comprehensive development plan shall show, among other things, existing and proposed public ways, streets,
951 bridges, tunnels, viaducts, parks, parkways, playgrounds, sites for public buildings and structures, pierhead and
952 bulkhead lines, waterways, routes of railroads and buses, locations of sewers, water mains, and other public
953 utilities, and other appurtenances of such a plan, including certain private ways. Such plan shall be adopted and
954 have the effect as set out herein.
955 B. Adoption of the Development Plan. Upon receipt from the Comprehensive Plan Committee of the proposed
956 comprehensive plan, portions thereof, or proposed modifications thereto, the Commissioners shall refer such
957 proposal to the Commissioners. the The Commissioners shall hold a public hearing on the proposed
958 comprehensive plan or modification thereof, and may thereafter adopt it by ordinance with or without amendment.
959 The comprehensive development plan shall serve as a guide to all future action of the Commissioners concerning
960 land use and development regulations, urban renewal programs, and expenditures for capital improvements.
SYNOPSIS
In December 2024, 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 152nd General
Assembly in 2024 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 also makes basic technical corrections to conform existing law to the standards of the
Delaware Legislative Drafting Manual.
Section 1. This section corrects errors in § 1202 of Title 3 from Senate Bill No. 191 from the 135th General
Assembly by renumbering the defined terms to appear in correct alphabetical order and by making technical corrections to
conform existing law to the standards of the Delaware Legislative Drafting Manual style.
Sections 2 through 12. These sections correct errors throughout Chapter 13 of Title 3 as enacted in Senate Bill No.
307 from the 138th General Assembly, and later amended, by making technical corrections to conform existing law to the
standards of the Delaware Legislative Drafting Manual style.
Section 13. This section corrects grouping and phrasing errors in § 2103(b) of Title 6 from Senate Bill No. 296 of
the 152nd General Assembly.
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Section 14. This section inserts use of the Oxford comma and the word “or” in § 4504(b)(1) of Title 6 as both had
been missing in Senate Bill No. 315 of the 138th General Assembly and in order to adhere to Delaware Legislative Drafting
Manual style.
Section 15. This section inserts use of the Oxford comma in § 1405(b) of Title 9 to correct errors in House Bill
No. 55 from the 143rd General Assembly in order to adhere to Delaware Legislative Drafting Manual style.
Section 16. This section removes a reference to medical malpractice review panels in § 566(b) of Title 10, as
those panels were discontinued by Senate Bill No. 208 of the 152nd General Assembly.
Sections 17 and 18. These sections correct errors by removing the stray phrase “or projectile weapon” in the
future contingent versions of §§ 2105(b)(3) and 2107(c) of Title 11. These errors were created when House Bill No. 357 of
the 152nd General Assembly did not take into account changes contained in Senate Bill No. 12 of the 152nd General
Assembly.
Section 19. This section corrects an error in § 1716E(h) of Title 14, from House Bill No. 100 of the 151st General
Assembly, by inserting utilization of the Oxford comma.
Section 20. This section substitutes “subsection” for and erroneous reference to “paragraph” in § 3001(e)(4) of
Title 14 as inserted by Senate Bill No. 305 of the 152nd General Assembly.
Section 21. This section removes an unnecessary “et seq.” following a finite reference to “the federal Improving
Head Start for School Readiness Act of 2007 (P.L. 110-134)” in § 3004 of Title 14 as inserted by Senate Bill No. 305 of the
152nd General Assembly.
Sections 22 through 24. These sections complete the substitution of “perinatal” for “maternal” throughout Chapter
8D of Title 16, begun in Senate Substitute No. 1 of Senate Bill No. 106 of the 152nd General Assembly, in order to remove
gender-specific language as directed by § 211(c)(1) of Title 1 and the Delaware Legislative Drafting Manual style.
Sections 25 and 26. These sections substitute the indefinite “et seq.” for “through 1396w-7” in § 1304(b) and
(c)(1) and § 1045(d)(2)f. and (e)(1) of Title 16 in order to acknowledge the need to comply with all of Title XIX of the
federal Social Security Act which has grown since enactment of Senate Substitute No. 1 for Senate Bill No. 13 of the 152nd
General Assembly which had created the more finite reference to what was then the final section of the title.
Section 27. This section properly substitutes penalty amounts in § 1109(e) of Title 16 which had been improperly
substituted by Senate Bill No. 216 of the 152nd General Assembly without appropriate striking of present language and
underlining of new insertions.
Section 28. This section corrects an error in § 2503B(c) of Title 16, from Senate Bill No. 309 from the 152nd
General Assembly, by substituting “or” for “and” to make it clear that any of among a health-care institution, health-care
professional, or certified peer recovery specialist may assist an individual with creating an advance mental health-care
directive.
Section 29. This section corrects an error in § 2704 of Title 16 created by House Bill No. 134 of the 152nd
General Assembly having previously changed language included in House Substitute No. 1 for House Bill 162 of the 152nd
General Assembly by enacting the intent of the latter bill, giving county medical examiner offices authority previously
given to the Division of Forensic Science.
Section 30 through 34. These sections correct stylistic errors in Chapter 102 of Title 16, from House Bill No. 57 of
the 144th General Assembly, by conforming all “2-1-1 Helpline” references to accepted style without hyphenation as
approved by the Federal Communications Commission and by making adjustments in line with proper Delaware
Legislative Drafting Manual style.
Section 35. This section corrects an error in § 2379(g) of Title 19 by properly striking “an” which was removed
without appropriate striking in Senate Bill No. 306 of the 152nd General Assembly.
Section 36. This section properly enacts the specific intent of Senate Bill No. 206 of the 152nd General Assembly
by substituting “cold weather operations” for “winter weather operations” in § 4356A(b)(3) of Title 21.
Section 37. This section corrects an error in § 4402(d) of Title 21, created by House Bill No. 352 of the 152nd
General Assembly, by properly inserting “county code enforcement or municipal police” using appropriate underlining of
the new insertion.
Section 38. This section corrects an error in the introductory paragraph of § 5302 of Title 24, from House Bill No.
386 of the 152nd General Assembly, by making clear that the defined terms in the section apply to all of Chapter 53 of Title
24 and not just to § 5302 of that title.
Section 39. This section corrects errors in § 363(b) of Title 26 by deleting words which were removed by Senate
Bill No. 265 of the 152nd General without appropriate striking of the present language.
Section 40. This section corrects errors in § 108(b)(2) of Title 29, created by House Substitute No. 1 of House Bill
No. 356 of the 152nd General Assembly, by adjusting paragraph designations and an internal reference as directed by the
Delaware Legislative Drafting Manual.
Section 41. This section corrects an error in § 1132 of Title 29, first appearing in House Bill No. 209 of the 137th
General Assembly, by inserting an introductory paragraph to this defined terms statute as directed by the Delaware
Legislative Drafting Manual.
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Section 42. This section corrects an error in § 2909(b)(3) of Title 29, from Senate Bill No. 287 of the 152nd
General Assembly, by substituting “or” for “and” with regard to documentation of illegal or unbusinesslike practices
included in State Auditor reports.
Section 43. This section corrects errors in § 6981(l) of Title 29, from House Bill No. 428 of the 152nd General
Assembly, by adjusting language of list inclusion as directed by the Delaware Legislative Drafting Manual.
Section 44. This section makes grammar and capitalization corrections throughout § 8011 of Title 29, from House
Bill No. 439 of the 151st General Assembly, as directed by the Delaware Legislative Drafting Manual.
Section 45. This section corrects an error in § 8723(g) of Title 29, from House Bill No. 437 of the 152nd General
Assembly, by making clear that the Delaware Commission of Veterans’ Affairs Executive Director’s designee may act in
the Executive Director’s stead in performance of certain duties.
Sections 46 and 47. These sections make grammar and capitalization corrections throughout the present and future
versions of § 8905 of Title 29, from House Bill No. 439 of the 151st General Assembly, as directed by the Delaware
Legislative Drafting Manual.
Sections 48 and 49. These sections correct errors in §§ 573(d) and 574(b) of Title 30, from House Bill No. 324 of
the 152nd General Assembly, by making clear that the statutes do not apply if a person is required to pay a tax under any of
§ 3002 of Title 30 or Chapter 51 or 52 of Title 30, rather than under all of those provisions.
Section 50. This section corrects errors in § 4071 of Title 31, from Senate Substitute No. 1 for Senate Bill 22 of
the 152nd General Assembly, by inserting an introductory paragraph to this defined terms statute and redesignating the
terms as directed by the Delaware Legislative Drafting Manual.
Sections 51 through 56. These sections correct errors in the Charter of the Town of Newport from Senate Bill No.
298 of the 152nd General Assembly by implementing changes which had been included without proper underlining of
insertions and striking of deletions and by making technical corrections to conform existing law to the standards of the
Delaware Legislative Drafting Manual style.
Author: Senator Sokola
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3431530011Every fact on this page links to its source, starting with the official bill record.