Sen. Brian Pettyjohn

This Act is a result of the Joint Legislative Oversight and Sunset Committee's (JLOSC) review of the Council on Correction. In 2021, JLOSC sponsored Senate Bill No. 129 of the 151st General Assembly, which, among other updates to the Council on Correction's statute, tasked the Criminal Justice Council with providing administrative support to the Council on Correction. This partnership was intended to provide the Council on Correction with needed staff support and training opportunities. SB 129 included a 5-year sunset provision to review the efficacy of the partnership. Because the partnership has been successful, this Act removes the sunset provision so that the partnership may continue. Otherwise, the partnership will expire on September 17, 2026.

This Act requires the Department of Education, in collaboration with school districts, charter schools, and vocational-technical school districts, to make findings and recommendations regarding the advisability of incorporating Delaware homeschool students into public school extracurricular activities within the public school that the student would be attending based on residence if that student were enrolled in public school or within charter schools or vocational-technical school districts, including the creation of a pilot program. The Department shall report its findings and recommendations by December 31, 2027. This Act expires on the date of publication in the Register of Regulations of a notice that the Department has submitted its findings and recommendations. The Director of the Division of Legislative Services shall provide notice to the Registrar of Regulations. Since the legal effect of a joint resolution would expire on November 3, 2026 (the date the General Assembly expires), this reporting requirement is being placed in the Laws of Delaware so as to continue its legal effect until the submission of notice that the Department has submitted its findings and recommendations. This Act expires on the promulgation of notice of the report required in Section 3 of this Act being submitted, which is why the Laws of Delaware are being amended rather than a more permanent change in Title 14 of the Delaware Code.

This Act includes changes to align the editorial powers of the Registrar with the Delaware Code editors related to removing gendered language from regulations when the intended meaning is clear. This Act revises the submission and publication schedule of the Register of Regulations to provide more consistent review and processing times to the Registrar, which will allow for more effective interaction with promulgating agencies and more efficient distribution of the Registrar's workload. This Act also removes language requiring the antiquated practice of providing copies of the Register of Regulations to 2 state daily newspapers. The Register of Regulations will continue to be published online for the public and copies will be provided, upon request, to the public, law libraries and public libraries in this state, and the Director of the Division of Libraries. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act revises the parent notification requirements for school bullying policies by repealing the requirement that notification be made using a form generated by the Department of Justice (DOJ). This change conforms to DOJ’s current practices and procedures related to involvement with student behavior issues. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act creates a definition of “first responder” in Chapter 31 of Title 20, pertaining to emergency management. Currently, the term is referenced, but it is not actually defined, creating potential uncertainty about who qualifies as a first responder in this context. This Act defines a first responder as a federal, state, or local law enforcement officer, firefighter, emergency medical services personnel member, hazardous materials response team member, 911 dispatcher, emergency manager, or other individual who is responsible for the protection and preservation of life or property and who is called on to respond to emergencies. This Act is a substitute for Senate Bill No. 234 and differs from Senate Bill No. 234 in that it adds a definition of “law enforcement officer” to clarify which law enforcement personnel are included in the definition of “first responder” and makes minor technical corrections to the definition of “first responder”.

This Act repeals the sunset date on the rent increase calculations for manufactured home communities that were enacted as a pilot under Senate Bill No. 317 (151st General Assembly), 83 Del. Laws, c. 341. Under this Act, the calculations used for rent increases under § 7052A and § 7052B of Title 25 replace the grounds for rent increases under § 7052 of Title 25.

This act establishes the Athletic Trainers Compact ("Compact"), which facilitates the interstate practice of athletic training and provides for athletic trainers licensed in a participating state the ability to practice in other participating states. The Compact sets forth the requirements to be met in order for a state to join and maintain membership in the Compact. Additionally, the Compact provides the requirements for an athletic trainer to obtain and exercise the ability to practice in the remote participating states. The Compact further provides that an athletic trainer with compact privilege shall function within the scope of practice of the state in which the patient is located and the remote practicing state. The athletic trainers also shall be subject to that remote state's regulatory authority. Participating states shall report any adverse action and significant investigative information to the Compact Data System. An adverse action against an athletic trainer in any participating state shall result in deactivation of the compact privilege during the pendency of the action. An encumbered license in a member state shall not be entitled to compact privilege until the encumbrance has passed and has exceeded two years since any encumbrance or restriction. Additionally, the Compact creates the Athletic Trainer Licensure Compact Commission ("Commission"), which is a joint government agency to administer and implement the Compact, and provides for its powers and duties. Each participating state shall be entitled to one delegate, who shall be selected within sixty days of the effective date, on the Commission. Additionally, there shall be an Executive Committee of the Commission to act on behalf of the Commission. Furthermore, the Compact shall come into effect on the date in which the seventh state enacts the Compact into law. Any participating state may withdraw from the Compact by repealing the Compact, but such withdrawal shall not take effect until 180 days after the enactment of the repeal. Finally, the Compact shall be binding upon participating states and shall supersede any conflict with state law.

This Act elevates the charge for assaulting a postal worker acting in the lawful performance of duty from assault in the third degree to assault in the second degree.

This Act updates the requirements for Department of Education’s regulations for personnel records to include charter schools. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act increases the size of the Governor’s Council on Agriculture from 7 to 9 members. The Act also requires that 1 member on the Council must be a livestock producer, and 1 member must be a farmer that is 40 years old or younger.