Rep. Pete Schwartzkopf

This Act requires crisis pregnancy centers in this state to provide notice if the center is not licensed by this state as a medical facility and does not have a licensed medical provider who provides or directly supervises, in person, the provision of services. A violation of this Act is an unlawful practice under § 2513 of Title 6 and a violation of Subchapter II, Chapter 25 of Title 6.

This Act eliminates the death penalty in Delaware. As such, the penalty for a person who is convicted of first-degree murder for an offense that was committed after the person’s 18th birthday is imprisonment for the remainder of the person’s natural life without benefit of probation or parole or any other reduction.

This bill enables the Delaware Nutrient Management Commission to regulate the application of nutrients to turf by commercial nutrient handlers. The law excludes athletic fields, golf courses, and land used in the production for sale of sod or seed and only applies to commercial nutrient handlers who are paid to apply such nutrients. This bill decreases the threshold of serviced acreage for which commercial nutrient handlers would need a certification to apply nutrients to turf. Allowing the Commission to oversee such conduct will further ensure that Delaware’s waterways are continually improved and maintained to meet or exceed federally mandated water quality standards, in the interest of the overall public welfare. Section 1 of the bill grants the Commission the authority to regulate the application of nutrients to turf and defines turf. Section 2 of the bill broadens the Commission’s pool of potential officers to any appointed member not just the five appointed by the Governor. Section 3 of the bill provides greater detail as to whom the Commission regulates regarding turf and when, as well as setting forth constraints as to when and how certain nutrients can be applied. The commission will reduce the threshold for regulated commercial nutrient handlers from 10 acres of service area to ¼ acre (10,890 sq ft). The definition of commercial nutrient handler is expanded. The requirement of a nutrient management plan is eliminated for areas falling within these newly established constraints. This bill also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Like Senate Bill No. 301, this Act, Senate Substitute No. 1 for Senate Bill No. 301 requires public universities in this state to provide access to medication for the termination of pregnancy and emergency contraception. The medication and contraception must be provided on-site, but consultation to provide them may be performed by a provider at the student health center or by a provider who is associated with a university-contracted external agency. This Act takes effect on July 1, 2025. Senate Substitute No. 1 for Senate Bill No. 301 differs from SB 301 as follows: - Defines the term "student." - Provides an exception for a university that does not have a student health center, including requirements that the university provide information and referral services to students and ensure that the university's health services website provides specified information relating to reproductive services. - Adds a requirement that universities maintain confidentiality of information a student provides relating to a request for a referral. - Removes references to private institutions of postsecondary education.

This Act removes “supervision” from the scope of practice of a master’s social worker. This Act also prohibits a master’s social worker from providing supervision to a licensed clinical social worker applicant. The Board of Social Work Examiners (Board) determined that a master’s social worker lacks the education and experience needed to provide clinical supervision. Under this Act, an applicant for licensure as a licensed clinical social worker may still obtain supervision from a licensed psychologist or licensed psychiatrist where a licensed clinical social worker is not available, under the Board’s rules and regulations. This Act also adds a grandfathering provision so that an applicant or licensed clinical social worker who started or completed supervision with a master’s social worker on or before the enactment date of this Act satisfies the supervision requirement under § 3907(b)(4) of this title as long as the applicant or licensed clinical social worker is otherwise in compliance with § 3907(b)(4) of this title. The grandfathering provision also allows a master’s social worker who is supervising an applicant as of the enactment date of this Act to continue supervision under the applicant completes the 2-year supervised experience requirement.

This Act is a substitute for Senate Bill No. 174. Like Senate Bill No. 174, this Act adds Justices of the Peace, Commissioners in Superior Court, Family Court, and Court of Common Pleas, and Magistrates in Chancery to the State Judicial Pension Plan. Section 1 of this Act amends the “Pensions for Members of the State Judiciary” chapter’s definition of “state judiciary” so that Justices of the Peace, Commissioners, and Magistrates in Chancery are included, which then results in their inclusion in the definition of “member”. Section 1 also removes the defined term “for which he or she is eligible under the Federal Social Security Act”, which is not used anywhere in Chapter 56 of Title 29 of the Delaware Code (“Chapter 56”), and creates a new definition, “State judicial officer”, which is used in place of “member of the state judiciary” and “judge” in this Act. Sections 2 through 10 of this Act are included to ensure the term “member” is used consistently throughout Chapter 56 and to replace “member of the State judiciary” and “judge” with “State judicial officer”. This ensures that Justices of the Peace, Commissioners, and Magistrates in Chancery are included in the State Judicial Pension Plan. Section 2 of this Act also increases the amount of annual compensation in excess of $6,000 up to the Social Security wage base that a State judicial officer who is covered by the State Judicial Pension Plan on or after the effective date of this Act must contribute to the State Judicial Plan from 3% to 4%. Section 3 of this Act also establishes a one-time opt-out provision to allow a Justice of the Peace, Commissioner, or Magistrate in Chancery that may be adversely affected by the State Judicial Pension Plan, which would violate the Emoluments Clause under § 4 of Article XV of the Delaware Constitution, the ability to remain in the State Employee Pension Plan. Section 7 of this Act also includes in Chapter 56 reference to statutory procedures in Title 10 for the assignment of a retired Justice of the Peace or Commissioner. Like Senate Bill No. 174, this Act also does the following: (1) Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including (i) removing references to “or survivors” based on § 304 of Title 1 of the Delaware Code, which provides that the singular includes the plural and (ii) correcting a citation error in § 5614(g) of Title 29. (2) Makes changes to delete obsolete language, including (i) deleting § 5605(a)(2)c. of Title 29, which no longer applies to a current State judicial officer, and (ii) deleting § 5609(b), which applied for 6 months from July 7, 1998, and has not applied since then. This Act differs from Senate Bill No. 174 as follows: (1) By updating the title “Master in Chancery” to “Magistrate in Chancery”, based on the passage of Senate Bill No. 179 (152nd General Assembly). (2) By changing the definition of “Commissioner” to define the term based on the Code sections authorizing the appointment of a Commissioner, rather than the powers of a Commissioner. (3) By clarifying that a Justice of the Peace, Commissioner, or Magistrate in Chancery who qualifies for the State Judicial Pension Plan on the effective date of this Act and elects to be covered by the State Judicial Pension Plan is entitled to a payout for accrued annual leave in incremental payments over a 5-year period. (4) By renaming the title of Chapter 56, Title 29 of the Delaware Code to reflect changes made by this Act. (5) By changing the effective date of this Act to January 1, 2025.

Section 2306 of Title 14 requires that when a new school is constructed or a major renovation is undertaken, the construction or renovation must include certain safety features, including a secured vestibule and the installation of "ballistic resistant glass or other ballistic resistant materials" in certain areas of the school. This Act adds that ballistic resistant film may be used in addition to ballistic resistant glass. This Act also removes “or other ballistic resistant materials” because it was being interpreted to require ballistic resistant desks and other features that may not improve safety outcomes. This Act also changes the review process for existing schools undergoing a major renovation. Ensuring existing schools are able to comply with the safety requirements in § 2306 can require expensive changes that are not necessarily clear from the outset. This Act requires that the school district and the Department of Safety and Homeland Security engage in the review under § 6307A of Title 29 before a certificate of necessity is submitted. This will ensure the safety requirements under § 2306 are met and allow school districts to have a better idea of how much money is needed to successfully complete the project without having to later reallocate funds from another source. The timing requirement added by this Act in § 6307A of Title 29 does not apply to a school undergoing a major renovation if the certificate of necessity was submitted before the date of this Act’s enactment into law. This Act specifies that if there is disagreement about a construction plan’s compliance with school safety requirements after the review under § 6307A of Title 29, then the school district may request an additional review be conducted by the Secretary of the Department of Safety and Homeland Security. The Secretary shall review the construction plans and make the final determination about the construction plan’s compliance. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

The Board of Trustees of the Delaware Institute of Veterinary Medical Education (“DIVME”) was established in 1975 with a stated purpose of creating opportunities for Delaware residents to obtain veterinary training and strengthening factors that would encourage them to return to practice in Delaware. DIVME’s statute has had only 2 minor updates since 1975, with the last update in 1993. This Act revamps the board and the DIVME program to meet modern veterinary medical needs in Delaware. Among the changes are: - Renaming DIVME to the “Delaware Veterinary Medicine Education Advisory Council,” more accurately reflecting the group’s purpose. - Providing that the Advisory Council will work with both the Department of Education and the Department of Agriculture to establish a robust program that assists Delaware students interested in practicing veterinary medicine, encourages the students to return to Delaware to practice, and develops programs of education and training in veterinary medicine-related fields and research. - Updating membership of the Advisory Council to better represent the many areas that veterinary medicine impacts Delaware. Several members are added, including the Department of Agriculture, the Office of Animal Welfare, and the Delaware Farm Bureau. - Better defining the Advisory Council’s purpose and duties to empower the Advisory Council to better understand what the needs are in Delaware and develop and recommend methods to promote awareness of educational assistance and opportunities to return to Delaware to practice veterinary medicine. This Act reflects the work of several interested parties to achieve a renewed and reenergized Advisory Council, including the Department of Education, the Department of Agriculture, the Delaware Farm Bureau, the Office of Animal Welfare, the Delaware Veterinary Medical Association, and local animal shelters.

This Act codifies the Delaware Hispanic Commission (“Commission”). The Commission was created by former Governor Jack Markell in Executive Order Number 28 to combine and streamline the duties of the former Governor’s Council on Hispanic Affairs and the former Governor’s Consortium on Hispanic Affairs. Under the executive order, the Commission’s duty is to advise the Governor, the Governor’s Cabinet, and members of the General Assembly on matters that are important to people of Hispanic descent in Delaware. Under this Act, the Commission will perform the same duties it has since its creation by the Governor. Codifying the Commission will create equity with other heritage commissions created under Title 29. Codifying the Commission will also help the Commission to perform its duties by creating long-term stability, allowing the Commission’s members to be appointed by a variety of stakeholders, and giving the Commission guidance from the Delaware Department of State. Under this Act, the Commission keeps all current members through June 30, 2028, and the Commission membership consists of the Governor’s appointees who serve at the Governor’s pleasure. All Commission officers who are currently serving will remain in office through June 30, 2028. After June 30, 2028, 17 members will be appointed to the Commission according to § 4502 of Title 29, and a chair and vice chair will be elected according to § 4502 of Title 29.

This Act legalizes the sale and distribution of raw milk and products derived from raw milk by dairy producers directly to consumers for human consumption. This Act also removes the unused definitions of “Delaware fresh milk” and “northeastern fresh milk” from Subchapter VI of Title 3. The definition of “fresh milk” under current § 3175 of Title 3 is retained. The sale of raw milk, which is unprocessed, unpasteurized, and unhomogenized, is currently prohibited by Section 9 of the current United States Department of Health and Human Services' Grade "A" Pasteurized Milk Ordinance, as amended, which the Delaware Department of Health and Social Services adopted by regulation. However, consumers are increasingly demanding the opportunity to purchase raw milk in Delaware, rather than traveling to other states that permit raw milk sales. Allowing raw milk and products derived from raw milk to be sold in Delaware will respond to that demand while also providing new economic opportunities for Delaware dairy producers. These economic benefits can be significant; the Raw Milk Institute estimates that raw milk producers can earn a profit that is nearly 10 times what they earn for regular milk sales. To achieve these benefits and meet consumer demand, this Act creates a raw milk permit to be issued and enforced by the Department of Agriculture, and exempts raw milk permit holders from the State of Delaware Milk Code provided they comply with all requirements of the Act. This Act provides that no raw milk or product derived from raw milk may be sold in Delaware other than by a raw milk permit holder or an individual under the direct supervision of a raw milk permit holder, such as an employee. The sale or distribution of raw milk and products derived from raw milk must be made directly by the permit holder or individual under the supervision of the permit holder to the consumer and not for purposes of resale. This Act also establishes requirements for signage and labeling informing consumers that raw milk is unprocessed, unpasteurized, and unhomogenized and may contain harmful bacteria. The Department of Agriculture, in consultation with the Department of Health and Social Services, is responsible for promulgating regulations to administer the raw milk permit program and for ensuring compliance with this Act. This Act goes into effect on enactment and is to be implemented the earlier of the following: (1) 1 year from the date of the Act’s enactment. (2) Notice by the Secretary of Agriculture published in the Register of Regulations that final regulations to implement this Act have been adopted. This Act may be cited as “The Consumer Choice Milk Act“.