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Senate committee considers bill to codify 'first responder' definition; public works urge inclusion
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Summary
The Senate Corrections and Public Safety Committee reviewed Senate Substitute 1 for Senate Bill 234 to add a statutory definition of "first responder." Sponsor Senator Lawson said the change fixes an omission flagged by the code revisers; a public works official urged the committee to include public works employees.
The Senate Corrections and Public Safety Committee heard discussion of Senate Substitute 1 for Senate Bill 234, a measure to add a definition of "first responder" to Delaware code, during a hybrid committee meeting. Senator Lawson, the bill sponsor, said the change responds to a drafting gap identified by the code revisers after enactment of Senate Bill 49.
Senator Lawson told the committee the substitute would define "first responder" in statute. "First responder, meaning a federal, state, or local law enforcement officer, firefighter, emergency medical services personnel, hazardous materials response team, 9-1-1 dispatcher, emergency manager, or other who's responsible for protection, preservation of life or property, and who is called on to respond to emergencies," Lawson said while outlining the substitute. Lawson also said the substitute cross-references multiple code sections to broaden the definition of "law enforcement officer" and to explicitly capture corrections officers and detectives in the attorney general’s office by citation to the relevant title sections.
The bill sponsor said the office received requests from groups who wished to be classified as first responders but that some—such as nurses and water and wastewater operators—are already covered under existing "essential personnel" or central-personnel provisions in code. "This was to define an undefined area, which was caught by the code revisers," Lawson said, emphasizing the substitute is not intended to reorganize existing categories.
Vice Chair Senator Hockner asked whether people impersonating federal officers would fall under the definition; Lawson replied that impersonators would not be included and noted the legislature passed a bill earlier this year addressing impersonation of federal law enforcement.
During the public comment period, Andrew Jakubowicz, a licensed civil engineer and board member of the Delaware section of the American Public Works Association, urged lawmakers to recognize public works employees as first responders. "Public works employees are instrumental in operating and restoring the infrastructure that make emergency response possible," Jakubowicz said, listing floods, snowstorms, water-main breaks and sewer failures as examples of situations where public works staff work alongside firefighters and paramedics in hazardous conditions.
Committee staff read public-comment rules: preregistered speakers and in-person sign-ups speak in order, virtual participants are recognized by raised hand, each speaker is allotted two minutes, and written comments may be submitted to senatecorrectionspublicsafety@delaware.gov and will be accepted into the public record up to 24 hours after adjournment.
The transcript records closing remarks and a motion to adjourn; the committee adjourned and the transcript does not record a committee vote or formal disposition of Senate Substitute 1 for Senate Bill 234.
