Sen. Brian Pettyjohn

This Joint Resolution establishes the Driving Under the Influence Prevention Task Force, established for the goal of deterring drivers in Delaware from Driving Under the Influence. By January 1, 2026, the Task Force is to identify the number of convictions under the Driving Under the Influence Statute in the Code, as opposed to arrests, the reason for the lack of convictions of the arrested persons, and what reforms to Delaware laws and regulations could further help deter instances of Driving Under the Influence, and further topics aimed towards deterring drivers in Delaware from Driving Under the Influence.

This Act makes it unlawful to possess, operate any motor vehicle with, purchase, install, manufacture, sell, offer to sell, or otherwise distribute a number plate flipping device. A “number plate flipping device” means a manual, electric, or mechanical device designed or adapted to be installed on a motor vehicle that does either of the following: a. Switch between two or more number plates for the purpose of allowing a motor vehicle operator to change the number plate displayed on the operator's vehicle; or b. Hide a number plate from view by turning the number plate so that the number plate registration number is not visible. The penalty for violation of this statute is for the first offense, a fine not less than $50 nor more than $200, imprisonment not less than 30 days nor more than 90 days, or both. For each subsequent like offense, such person shall be fined not less than $100 nor more than $300, be imprisoned not less than 90 days nor more than 6 months, or both. The Act also makes technical changes to existing code language to conform to the Legislative Drafting Manual. A reference to farm vehicles being exempt from registration is removed, because that exemption was removed from the Code in 2014. This Act requires a greater than majority vote for passage because § 28 of Article IV of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to create a new crime within the jurisdiction of the Court of Common Pleas, Family Court, or Justice of the Peace Court.

Section 1 of this Act amends§ 3301(d) of Title 12 by adding to the definition of “fiduciary” enforcers of purpose trusts under § 3556 of Title 12 that are acting in a fiduciary capacity, by adding to the definition of "nonfiduciary" enforcers of purpose trusts under § 3556 of Title 12 that are not acting in a fiduciary capacity, and by clarifying that others that are not acting in a fiduciary capacity are also nonfiduciaries. Section 2 of this Act amends § 3315(b) of Title 12 so that the statute now states expressly the practical effect of a discretionary interest in a trust merely being an expectancy, which is that a beneficiary of such an interest cannot compel a distribution from the trust. The statute continues to provide, however, that the standard of review under § 3315(a) of Title 12 applies in a suit by a beneficiary for abuse of discretion. Section 2 of this Act also deletes in 2 instances the use of the word “trustee” as being redundant because “fiduciary,” as defined in § 3301 of Title 12, already includes a trustee. Section 3 of this Act amends § 3326 of Title 12 to state expressly within the statute that a modification of a trust by consent while the trustor is living (under§ 3342 of Title 12) may be used to effectuate the resignation of a trustee or other officeholder. Section 3 of this Act also amends § 3326 to state expressly within the statute that a nonjudicial settlement agreement (under§ 3338 of Title 12) may be used to effectuate the resignation of a trustee or other officeholder where the trust’s governing instrument is silent concerning both resignation and the appointment of successor trustees or other officeholders. It is intended that these express statements in § 3326 of Title 12 will reduce the need to resort to a court petition to effectuate the resignation and resulting appointment. Section 4 of this Act amends § 3556 of Title 12 so that the statute: (1) Expressly states that a person is not deemed to be a beneficiary of a purpose trust solely by virtue of receiving disbursements from the purpose trust. (2) Defines the term “enforcer” and permits the governing instrument of a purpose trust to grant the enforcer or some other person exclusive standing to enforce the terms of a purpose trust. (3) Provides that an enforcer will serve as a fiduciary of the purpose trust unless the governing instrument provides otherwise. (4) States that a person that accepts an appointment as enforcer submits to personal jurisdiction in Delaware. (5) If there are no identifiable beneficiaries of the purpose trust, authorizes the enforcer to act as an “interested person” in the context of a nonjudicial settlement agreement under§ 3338 of Title 12 or a nonjudicial modification under§ 3342 of Title 12. The changes in Section 4 of this Act were made to update Delaware law consistent with modern purpose trust statutes in other jurisdictions. Section 5 of this Act amends § 3580 of Title 12 to add to the definition of “trustee” for purposes of Subchapter VII of Chapter 35 of Title 12 by expressly including enforcers of purpose trusts under§ 3556 of Title 12. Section 6 of this Act amends § 1513 of Title 13 to address an ambiguity inherent in the situation where one spouse makes a gift in trust for the other spouse. This Section clarifies that in such circumstance, the donee’s interest in the trust is not marital property unless the trust agreement provides otherwise. Section 7 of this Act provides an effective date.

This bill removes outdated references to permits. It further empowers the Council to designate those jurisdictions outside of the United States that will be recognized for certain types of applications based upon comity. The bill alters the section regarding discipline for examination violations because the examination is now administered in a computerized format. The bill modifies the process for the reporting of case decision recommendations to the Council by its subordinate committees and clarifies that the Council may seek injunctive relief to enforce its cease-and-desist orders.

This Act provides that March 9 will be known as 6888th Central Postal Directory Battalion Day and will be commemorated in this State by appropriate ceremonies to honor the 6888th Central Postal Directory Battalion members. In commemorating such a day, citizens are encouraged to write and mail letters to family, friends, military personnel, and veterans to recognize postal employees and the important service these employees provide in connecting us to each other.

This Act establishes an animal abuse offender list which will be maintained by the Office of Animal Welfare. The list will be available to the public on the Office of Animal Welfare’s website. The list will contain information regarding adult individuals who are convicted of an animal abuse offense to assist the public and animal agencies in identifying individuals who present a risk to animal welfare. This Act prohibits animal shelters from approving pet adoptions to individuals who are on the animal abuse offender list.

This Act addresses information and access rights relating to bargaining units, which are defined under existing law as groups of public employees designated by the Public Employment Relations Board as appropriate for representation by an employee organization for purposes of collective bargaining. Section 1 of the Act amends the Public School Employment Relations Act in Title 14 of the Delaware Code. It provides that a public employer must provide an exclusive bargaining representative with certain contact information of bargaining unit employees, (i) within 14 calendar days of their hiring and (ii) in January and October of each year, starting in January 2026. In addition, a public employer must allow an exclusive representative to communicate with bargaining unit members using their employer-issued email addresses regarding collective bargaining, the administration of collective bargaining agreements, the investigation of grievances, workplace-related complaints and issues, and internal matters involving the exclusive representative's governance or business. Section 2 of the Act makes these same amendments to the Public Employment Relations Act in Title 19 of the Delaware Code.

This Act is a result of the Joint Legislative Oversight and Sunset Committee's review of the Delaware Cemetery Board. Based on the Committee's recommendation, this Act changes the Office of Auditor of Account's obligation to audit the Distressed Cemetery Fund from annually to at least once every 5 years. This Act also updates the name of the Office of Auditor of Accounts.

Maddy summarySB 70 amends Delaware law to allow licensed genetic counselors to directly order genetic tests, which previously required physician authorization. This change directly affects licensed genetic counselors and their patients in Delaware, streamlining access to genetic testing. The key provision removes the prior requirement that counselors obtain orders from physicians for genetic tests, enabling counselors to make these clinical decisions independently within their scope of practice.

This Act renames the Delaware State Police Training Academy as the "Colonel James L. Ford, Jr. State Police Training Academy" in honor of Colonel Ford’s lifelong dedication to public service. It acknowledges his distinguished career with the Delaware State Police, where he held various leadership roles, ultimately serving as Superintendent. The Act also recognizes his significant contributions to law enforcement training, education, and public safety, as well as his service as Cabinet Secretary of Public Safety and Homeland Security.