NFL-backed law requires more education, formalizes DIAA rules

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DOVER – Junior high and high school athletes and their parents will get more information on concussions and their effects and coaches will be getting more training on how to spot a possible concussion under a law signed Tuesday by Governor Jack Markell.

The new law also formalizes the Delaware Interscholastic Athletic Association’s existing policy on requiring a medical clearance before athletes who have received a concussion can return to play.

“When you look at the data and the long-term effects of concussions – especially repeat concussions – it paints an alarming picture,” Markell said. “Sports has gone beyond outdated adages about getting ‘dinged,’ ‘playing tough,’ and getting back into the game. Concussion can be serious, potentially life-changing injuries. We’re stepping up and treating them with the seriousness they deserve.”

The Governor was joined at the signing by Philadelphia Eagles legend Vince Papale as well as lawmakers, coaches, student athletes, representatives of the DIAA and medical community.

Under the new law, athletes and their parents will get information on concussions when they sign sports consent forms. Coaches will be required to receive training on how to spot possible concussions. The new law also puts into state law the DIAA’s current rule requiring athletes, who have sustained a concussion or are believed to have sustained a concussion to receive a medical clearance before they can resume play.

Papale said the putting the rule into the law is a good move.
“It is the nature of an athlete to want to stay in the game,” Papale said. “The invincible attitude is why great athletes perform as they do. We need to make sure that when it comes to kids especially, that we look out for their long-term health. We owe them that much.”

An estimate from the Centers for Disease Control and Prevention says there are between 1.6 million and 3.8 million sports-related concussions nationally each year, and the CDC says about 135,000 athletes involved in youth sports are taken to hospitals to be checked for brain injuries.

“My son plays a number of sports, including football,” said Sen. Bethany Hall-Long, D-Middletown, the bill’s prime sponsor. “I think he’s learned a lot of valuable lessons from them, but as much as we like seeing our children do something they enjoy, we need to do as much as we can to make sure our children are safe when they’re playing. I think this law helps us down that path by giving coaches the training they need as well as educating parents and athletes about concussions.”

Rep. Rebecca D. Walker, D-Middletown, shepherded the bill though the House and said she thinks it will help keep young people healthier.

“As a nurse and mother of athletes, I know the importance of ensuring the safety of our young people following an injury,” Walker said. “We need to make sure that our kids no longer will be returned to the fields without being properly and carefully examined. This is the type of legislation that will protect our young people and have an everlasting effect on our athletes’ wellbeing. This type of legislation I came to Dover to introduce and have passed and signed into law.”

Studies have shown that young people can take longer to recover from concussions than adults. And, when someone has suffered a concussion, the odds of getting a second concussion increase – especially if they haven’t fully recovered from their earlier concussion. There’s also a growing body of scientific evidence linking concussions to problems, including memory loss and changes in behavior.

And as athletes become more physically powerful, Sen. Joe Booth, R-Georgetown, agreed that protections are needed.

“In my years of playing contact sports, it would seem like this legislation is overdue,” said Booth, who co-sponsored the measure. “The players are bigger, faster and the prevention and attention this bill provides will be a positive step forward.”

The new law also meshes with the NFL’s national effort to encourage greater awareness of concussions and their effects. And Jeff Miller, a senior vice president with the league, praised the state for taking action
“The NFL is changing the culture of sports as it relates the head injuries,” he said. “Laws like the one Governor Markell signs today will do just that by making youth sports safer for the boys and girls who play them.”

NFL Press Release

NFL SUPPORTS DELAWARE IN SIGNING OF SENATE BILL 111, AIMED AT PROTECTING YOUNG ATHLETES

The NFL offered its support and thanks to Delaware governor Jack Markell who will sign on August 30 a law that will protect young athletes.

The law, Senate Bill 111, mandates a more formal and aggressive approach to the management and treatment of concussions. The law stipulates that athletes, parents and coaches must be educated about the dangers of concussions each year and if the athlete is suspected of having a concussion, he/she must be removed from a game or practice and not be permitted to return to play. In addition, a licensed health care professional must clear the young athlete to return to play in the subsequent days or weeks. Coaches must also be trained in these new procedures.

The bill’s co-sponsors include Senator Bethany Hall-Long, Senator Joseph Booth, Representative Rebecca Walker and Representative Biff Lee. The new law will be implemented under the auspices of the Delaware Interscholastic Athletic Association.

Former Philadelphia Eagles player VINCE PAPALE, who inspired the movie Invincible, and NFL Senior Vice President of Government Relations and Public Policy JEFF MILLER will join Governor Markell at the signing on Tuesday.

The NFL has actively supported the passage of this law. “It’s important that each state works to protect young athletes from head injury,” said Milller. “Laws like this one are a major step in concussion treatment and prevention, and we applaud the Delaware state government for their proactive stance.”

The law is inspired by Zackery Lystedt who, in 2006, suffered a brain injury following his return to a middle school football game after sustaining a concussion. Zackery, his family and a broad range of medical, business and community partners, including the NFL, lobbied the Washington state legislature for a law to protect young athletes in all sports from returning to play too soon.

In May 2010, NFL Commissioner Roger Goodell sent letters to governors of 44 states that did not have concussion laws urging them to pass a law similar to the Lystedt Law. In the letter, Commissioner Goodell said sports and political leaders can help raise awareness of concussions while ensuring proper and effective treatment.

Since the passage of the Lystedt Law in 2009, 28 states have passed similar laws protecting young athletes with Delaware set to become the 29th.

“It makes me feel proud when I hear about Lystedt Laws being passed in other states,” said Zack Lystedt. “Sharing my story is important.”

To learn more about the NFL’s commitment to health and about the Lystedt Law, visitwww.nflhealthandsafety.com .

SALISBURY, MD – Governor Martin O’Malley and Delaware Governor Jack Markell today launched an important new effort by both states to collaborate and share information across jurisdictional boundaries about violent or potentially violent offenders.  Details of the new initiative were announced at a meeting today on the campus of Salisbury University.

“Criminals and crime have no boundaries,” said Delaware Governor Jack Markell.  “It’s our responsibility to work together across state lines and share information that can benefit citizens of both states, especially as technology allows us to know more and do more.  By working collaboratively and using our collective knowledge, we serve everyone by making our streets and our communities safer.”

“In our continued effort to make Maryland a national leader in public safety and homeland security preparedness, we support effective communication and information sharing across all levels of government and state borders,” said Governor O’Malley.  “The most important responsibilities we have in government are to create jobs and protect the public’s safety.  Working together with our partners across the State, we have driven violent crime and property crime rates down to their lowest levels in recorded history.  By reaching beyond our borders, using innovative technology and sharing information, we will continue to drive the levels down even further.”

Governor Markell and key Delaware officials, including Elizabeth Olsen, Deputy Secretary of the Delaware Department of Safety and Homeland Security; Colonel Robert M. Coupe, Superintendent of the Delaware State Police; and Alan Grinstead, Deputy Bureau Chief of Delaware Community Corrections, joined their counterparts from Maryland for the meeting that included Gary Maynard, Secretary of the Department of Public Safety and Correctional Services; Colonel Marcus Brown, Superintendent of the Maryland State Police; and Sam Abed, Secretary of the Department of Juvenile Services.

The new strategic partnership will allow parole and probation officials and law enforcement in both states to exchange information with one another on arrests, enabling the Maryland Division of Parole and Probation to take appropriate action if a suspect from Maryland violates the terms of release while in Delaware.  Additionally, law enforcement and public safety officials in both states will be able to prioritize warrant service.

Between January and June of this year, there were 389 people wanted in Delaware with Maryland addresses and just over 1000 people arrested in Delaware that had Maryland addresses.  Additionally, in the past year, 22 youths from Delaware had contact with the Maryland Department of Juvenile Services.  With this shared information, the Maryland State Police and local police will be able to move more effectively to get the most dangerous suspects off the streets and better track youth currently monitored by the Department of Juvenile Services.  These initial steps could lead to other information-sharing opportunities including information from license plate readers to track stolen or suspicious vehicles and pawn shop databases to locate stolen property.

The new Maryland-Delaware effort is similar to the Safe Streets Program operating in Maryland and Delaware.  Safe Streets programs have been launched in Salisbury, Annapolis and Wilmington.  Safe Streets allows law enforcement officials to share data and hold offenders accountable for their actions through a cooperative effort of law enforcement at the federal, state, county and local level.  Safe Streets uses an innovative security integration model of multi-agency collaboration with federal, state, local law enforcement, public safety agencies, and community partners to aggressively track offenders to reduce drug, gun, and other major crimes.  Through a combination of improved police tactics and practices, modern and enhanced technology, and the integration of expanded community partnerships, the initiative has taken significant steps to reduce crime and promote safer neighborhoods and communities.

Attorney General’s Office acts to gain access to public information

DOVER – Attorney General Beau Biden announced that his office filed a lawsuit today demanding that the Camden-Wyoming Sewer and Water Authority release records under the state’s Freedom of Information Act. The suit was filed in Kent County Superior Court on behalf of local resident Georgette Williams, whose request for public records was denied by the authority. Biden is seeking a court order compelling the authority to turn over its employee salary, overtime and benefits information.

“Delawareans must have access to public information about their government,” Biden said. “The law is clear: the authority is a public body and the information sought by this citizen must be released. My office is taking this action to ensure that the law is followed and the records are provided.”

Under Delaware’s open records law, the Attorney General can file suit on a citizen’s behalf in his/her FOIA dispute with a public body if it ignores a determination by the Attorney General’s office that information a citizen requests is public and should be released, which is what the authority is doing.

This spring, after the authority denied Mrs. Williams’ initial FOIA request, the General Assembly passed legislation (Senate Bill 36), sponsored by Sen. Brian Bushweller and Rep. Donald Blakey, which clarified that the authority is a public body and is subject to Delaware’s FOIA law. The bill was signed into law April 19. The legislation was necessary because the Attorney General’s Office had previously ruled the FOIA statute did not extend to the authority, which is a one-of-a-kind entity in Delaware.

After SB36 was enacted, Mrs. Williams filed a new FOIA request with the authority for various  records, including salary and benefit information of authority employees. The authority again denied the request, disputing its status as a public body under the law. Mrs. Williams then appealed the authority’s  ruling to Biden’s office, which ruled last month that Delaware’s FOIA statute applies to the authority and that it must release all of the requested information.

Despite this spring’s legislative action and the July ruling from Biden’s office the authority  continues to refuse to produce the requested records without a court order, which is why Mrs. Williams asked Biden to file today’s suit on her behalf.

The Camden-Wyoming Sewer and Water Authority is the only water-and-sewer authority in Delaware. It was created in 1962 by acts of the respective Camden and Wyoming town councils. Last month both governing bodies sent letters to the authority asking its leadership to comply with the Attorney General’s ruling and release the payroll information.

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