CHAPTER 56

FORMERLY

HOUSE BILL NO. 299

AN ACT TO ADOPT THE DELAWARE CODE ANNOTATED, REVISED 1974, AS THE LAW OF THE STATE OF DELAWARE.

WHEREAS, the last total recodification of the Delaware Code was prepared in 1953; and

WHEREAS, over the next twenty years the amendments to the Delaware Code grew so voluminous that pocket parts and supplements exceeded in some cases the hard-bound volumes of the 1953 Code; and

WHEREAS, the 126th General Assembly, pursuant to a study initiated by it, appropriated monies to recompile the laws of the State of Delaware into an updated Delaware Code; and

WHEREAS, there has now been published a totally new Delaware Code which encompasses all laws of a general and permanent nature passed by the General Assembly through the Calendar year 1974; and

WHEREAS, it appears advisable to formally adopt the Delaware Code Annotated, Revised 1974, as the general and permanent law of the State of Delaware.

NOW, THEREFORE:

Be it enacted by the General Assembly of the State of Delaware[three-fburths of all members elected to each House thereof concurring therein]:

Section 1. All laws of the State of Delaware enacted by the General Assembly appearing in the Delaware Code Annotated, Revised 1974, attached hereto and by this reference incorporated herein, are hereby adopted and enacted as the general and permanent law of the State of Delaware.

Section 2. Amend §102, Chapter 1, Title 1 of the Delaware Code Annotated, Revised 1974, by striking said §102 in its entirety and substituting in lieu thereof the following:

§102. Effective date of code

This shall become effective upon enactment."

Section 3. Amend §103, Chapter 1, Title 1 of the Delaware Code Annotated, Revised 1974, by striking said §103 in its entirety and substituting in lieu thereof the following:

"§103. Repeal of prior laws

(a) All codes, and parts thereof, and all laws amendatory thereof and all other statutes, and parts thereof, of a general and permanent nature in effect on December 31, 1974, are repealed unless (1) expressly continued by specific provision of this Code, (2) omitted improperly or erroneously as a consequence of compilation, revision, or both, of laws enacted subsequent to the enactment of the Code which became effective on February 23, 1953, including, without limitation, any such omissions that may have occurred during the compilation, revision, or both, of the laws comprising this Code, or (3) omitted, changed or modified by the Revisors, or their predecessors, in a manner not authorized by §211 of this Title. In the event one of the above exceptions should be applicable, the law as it existed prior to the effective date of this Code shall continue to be valid, effective and controlling."

Section 4. Amend §109(a), Chapter 1, Title 1 of the Delaware Code Annotated, Revised 1974, by striking the date "February 23, 1953" as the same appears in the first line of said subsection and substituting in lieu thereof the words "the effective date hereof '.

Section 5. The adoption of this Code shall in no way be construed or interpreted as an adoption of or an agreement by the 128th General Assembly of the State of Delaware to any proposed amendment to the Constitution of the State of Delaware made by the 127th General Assembly of the State of Delaware which has not been agreed upon by separate legislation by 2/3 of the members of each House of the 128th General Assembly of the State of Delaware as of the effective date of this Act.

Section 6. Any law or statute enacted subsequent to December 31, 1974 which amended the 1953 Code, as amended, and was a part thereof as of the effective date of thisAct is valid and shall be given effect as part of the Code hereby enacted as if amending the same.

Approved May 13, 1975.