Bill Text: DE HB401 | 2013-2014 | 147th General Assembly | Draft
Bill Title: An Act To Amend Title 1 Of The Delaware Code Relating To The Delaware Code And Continuous Code Revision.
Sponsorship: Bipartisan Bill
Status: (Passed) 2014-08-05 - Signed by Governor [HB401 Detail]
Download: Delaware-2013-HB401-Draft.html
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SPONSOR: |
Rep. Schwartzkopf & Sen. Blevins |
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Reps. Hudson, Longhurst, D. Short, Viola; Sens. Henry, Lavelle, McBride, Simpson |
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HOUSE OF REPRESENTATIVES 147th GENERAL ASSEMBLY |
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HOUSE BILL NO. 401 |
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AN ACT TO AMEND TITLE 1 OF THE DELAWARE CODE RELATING TO THE DELAWARE CODE AND CONTINUOUS CODE REVISION. |
Section 1. Amend Chapter 1, Title 1 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§101. Designation and citation of Code.
(a) The laws embraced in this title and the following titles, parts, chapters, subchapters and sections, as amended from time to time, shall constitute and be known as the "Delaware Code," hereinafter referred to as "the Code" or "this Code."
(b) The Code may be cited by the abbreviation "Del. C." preceded by the number of the title and followed by the number of the section, chapter or part in the title. Examples: Section 101 of Title 1 may be cited as 1 Del. C. §101; chapter 3 of Title 2 may be cited as 2 Del. C. c. 3; Part V of Title 3 may be cited as 3 Del. C. Part V. When citing a section of the Code, the subchapter, chapter or part in which the section is found need not be included in the citation.
§101A. Designation of the Rules.
Rules of practice and procedure adopted by the State and federal courts of Delaware shall constitute and be known as the "Delaware Rules Annotated," hereinafter referred to as "the Rules."
§108. Distribution of Code, Rules, and supplements.
(a) All state, legislative,
executive, judicial, or other state governmental entities or agencies shall
have the Delaware Code available electronically.
(b) Each state entity or agency
desiring printed copies of the Delaware Code, and supplements thereto, and
the Rules, and supplements thereto, purchased by the State shall annually
certify to the Director of Government Support Services Legislative
Council the exact number of printed copies that entity or agency
requires and the reason such copies are necessary by September 1 of each
year.
(c) Legislative Council shall be responsible for budgeting the necessary funds to provide copies of the Delaware Code, and supplements thereto, and the Rules, and supplements thereto. Any additional copies of the Delaware Code, and supplements thereto, and the Rules, and supplements thereto, over current allocations shall be the responsibility of the requesting entity or agency. Special orders, such as individual titles, shall continue to be the responsibility of each entity or agency.
Section 2. Amend Chapter 2, Title 1 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
Subchapter II. Preparation of Supplements and Code.
§210. Duties and powers of Revisors.
(a) At the close of each regular, annual session of the General Assembly, the Revisors shall prepare or cause to be prepared supplements to the Delaware Code and all other general and permanent laws which have become law since the publication of the last supplements, noting the sections that have been repealed, generally updating the Code and including, in the discretion of the Revisors, updated annotations of court decisions. The supplements are to be completed and delivered to the State not later than 6 months after the close of such legislative session.
(b) From time to time, after consultation with the Legislative Council, the Revisors shall prepare or cause to be prepared a revised, recompiled, or revised and recompiled Delaware Code, or replacement or supplemental volume or volumes thereof, which may, in the discretion of the Revisors, include updated annotations of court decisions.
(c) The Revisors may make and enter into all contracts and agreements, and execute, acknowledge and deliver all instruments and assurances, necessary or incidental to the performance of their duties and the execution of their duties and powers under this chapter.
(d) The Revisors may sue and be sued in their own name.
(e) The Revisors shall annually publish or cause to be published the Rules and, six months later, shall publish or cause to be published supplements to the Rules.The Revisors shall consult with the State and federal courts of Delaware in publishing or causing to be published the Rules and Rules supplements.The Revisors may include annotations of court decisions and other aides in the Rules and Rules supplements.
§212. Bids; contract.
The Revisors shall, after consultation with the Legislative Council, upon such specifications and conditions as they shall determine, duly and sufficiently advertise for bids for the compilation, revision, annotation, printing and binding of the Code supplements and the revised or recompiled Delaware Code, along with the Rules and Rules supplements, and shall award a contract for such work to the lowest and best legal publisher of recognized standing as such. The contract for Code supplements may, in the discretion of the Revisors, cover the Code supplements for one or more of the sessions of the General Assembly.
§213. Number of Code supplements,
Rules, and Rules supplements; sale rights to nonresidents.
The Revisors shall, after consultation
with the Legislative Council, cause to be printed and delivered to the State
not more than 2,500 copies of the pocket supplements. The
Revisors shall consult with Legislative Council to determine the number of Code
supplements, Rules, and Rules supplements to be printed and delivered to the
State by the publisher each year.The
Revisors are authorized in awarding the contract for the printing of the Code
supplements, Rules, and Rules supplements, to grant the publisher
such sales rights with respect to nonresidents of the State as in the
judgment of the Revisors would be advantageous to the State.
Subchapter III.
Distribution and Sale.
§220. Duties of Government Support
Services Distribution of the Code and the Rules.
The completed supplements shall be
delivered to the Government Support Services who shall distribute the
supplements to the General Assembly and state agencies and sell the supplements
to the public in the same manner and under the same terms and conditions as is
provided for the distribution and sale of the Code in §108 of this title. The
price for which each set of supplements shall be sold by the State shall be not
less than the cost to the State of the preparation of such supplements
(exclusive of the salaries of the Revisors).Completed
Code supplements, Rules, and Rules supplements shall be delivered to each state
entity or agency in accordance with the directive of Legislative Council.
SYNOPSIS
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The bill makes clear that Legislative Council, rather than Government Support Services, is responsible for receiving certification of the need for the printed version of the Code and the Rules from State entities or agencies.This change is intended to centralize the responsibility for maintaining and paying for the printed version of the Code and the Rules with one entity, Legislative Council.Centralizing these responsibilities with Legislative Council is done in recognition that Legislative Council is already responsible for producing the material contained in the Code, paying the Code Revisors, consulting with the Code Revisors regarding the contract to publish the Code, and paying for the Code supplements, Rules, and Rules supplements.The bill also clarifies that the Code Revisors are to consult with Legislative Council regarding the number of copies of the Code supplements, Rules, and Rules supplements to be printed and delivered by the publisher each year. Additionally, the bill makes numerous changes throughout Chapters 1 and 2 of Title 1 to clarify the historical involvement of the Code Revisors and Legislative Council related to the Delaware Rules. Finally, the bill modifies §220 of Title 1 to provide flexibility in the delivery of printed copies of the Code, Rules, and Rules supplements in recognition that such copies are currently being delivered directly to the requesting State entity or agency pursuant to the terms of the contract with the publisher of the Code and the Rules. |
