Rep. Paul Baumbach

This Act creates a CBD-Rich card medical marijuana card to treat anxiety in adults. This Act also requires that a registry identification card state the type of card that is issued to clearly identify qualifying adult patients, qualifying pediatric patients, designated caregivers, and CBD-Rich patients. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act provides for voting by mail for the 2020 primary and general elections and special elections held under the provisions of Chapter 73 of Title 15 due to the emergency caused by COVID-19, a highly contagious virus. Voting by mail is an alternative to, and not a replacement for, in-person voting, which remains an available option to those electors not voting by absentee or mail ballot. This Act establishes procedures for voting by mail which mirror the procedures for absentee voting. The Act makes clear that, like in absentee voting, no ballots can be tabulated until Election Day. The authority to implement voting by mail stems from the Delaware Constitution. Article XVII of the Delaware Constitution mandates that in order to insure continuity of State and local governmental operations in periods of an emergency resulting from disease, the General Assembly shall have the power and immediate duty to adopt measures that may be necessary and proper for insuring the continuity of governmental operations including nonconformity with the requirements of the Constitution when in the judgment of the General Assembly to do so would be impracticable. With this Act, the General Assembly finds that due to the highly contagious nature of COVID-19, and the need to protect Delaware voters and polling workers from the virus, voting by mail is necessary and proper for insuring the continuity of governmental operations, and conformity with the constraints of Article V, § 4A would be impracticable.

This bill is intended to advance sustainable energy goals and initiatives in Delaware and to restore Delaware as a leader in renewable, sustainable energy. First, this Act builds on the Renewable Energy Portfolio Standards Act, which was first enacted into law in 2005, by setting new standards for the minimum percentage of electric energy sales from eligible energy resources and solar photovoltaics. Second, this bill contains the “Community Sustainable Energy Authorities Act,” which authorizes incorporated municipalities, towns, and counties and the Delaware Sustainable Energy Utility to create authorities to develop, promote, and operate community sustainable energy projects.

Since the 14th Amendment to the United States Constitution was adopted on July 9, 1868, with Delaware ratifying it in 1901, at least 15 states have added a provision to their state constitution that prohibits the denial or abridgement of equal rights under the law based on race, color, or national origin. In 2019, Delaware amended the state constitution to prohibit the denial or abridgement of equal rights under the law based on sex, but no such prohibition exists as to race, color, or national origin. This Act is the first leg of a constitutional amendment to add race, color, and national origin to the Article I, § 21 of the Delaware Constitution to explicitly declare that protection against discrimination based on race, color, and national origin is one of Delaware's fundamental rights. This Act requires a greater than majority vote for passage because Article XVI, § 1 of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly when the General Assembly amends the Delaware Constitution.

This Act mandates that the Department of Health and Human Services, in conjunction with the Department of Natural Resources and Environmental Control to establish Maximum Contaminant Levels for specific contaminants found in drinking water in this state. Such contaminants include PFOA and PFOS, which are man-made chemicals that have been used in industries in this state. These chemicals were found to be associated with increased risks of chronic diseases. The Environmental Protection Agency, thus far, has not established a maximum contaminant levels, but only health advisories. The establishment of maximum contaminant levels is essential in order to protect the health and safety of all Delawareans from dangerous contaminants in drinking water.

Under current law, only a premises that qualifies as a restaurant or is operated by a not-for-profit group may allow customers to bring alcoholic beverages onto the premises. This Act permits wedding venues and persons renting a premises for other social gatherings to allow customers to bring alcoholic beverages onto the premises, if licensed by the Commissioner as a bottle club. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act is the first leg of a constitutional amendment that repeals the provisions regarding legislative districts that were found unconstitutional in the 1960s by the Supreme Court of the United States and the United States District Court for the District of Delaware. These sections of the Delaware Constitution are unconstitutional because the sections do not apportion seats in the General Assembly so that each vote is equal. This Act replaces the unconstitutional provisions with the existing redistricting requirements established under Chapter 8 of Title 29, which meet the requirements under the Constitution of the United States. Specifically, the requirements for legislative districts are as follows: 1. The House of Representatives is comprised of 41 members, chosen for 2 year terms. 2. The Senate is comprised of 21 members, chosen for 4 years terms, except that terms are staggered at the first biennial general election following redistricting so that 10 Senators are elected for 2 year terms and 11 Senators are elected for 4 year terms. 3. The General Assembly must determine the boundaries of legislative districts using the following criteria: contiguous territory; nearly equal in population; bounded by major roads, streams, or other natural boundaries; and do not unduly favor any person or political party. 4. The General Assembly must redistrict whenever necessary after each federal decennial census. This Act also repeals the obsolete process in the Constitution that has the Governor and chairs of 2 political parties conduct the redistricting. Current law does not provide a specific process by which the General Assembly redistricts legislative districts, so this Act provides the General Assembly with the power to enact general laws establishing rules and procedures for redistricting. This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend the Delaware Constitution. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This Act amends the Delaware Energy Act to encourage the adoption of electric vehicles in the State by creating more accessible electric vehicle charging infrastructure. Specifically, this Act permits State Agencies to charge a reasonable fee for use of electric vehicle charging stations installed by the Agency and to reimburse the appropriate State Agency which procured the underlying electricity used. This Act limits the locations to state-owned or state-leased properties used by state employees or visitors.

This Resolution proclaims June 25th, 2020 as “Korean War Remembrance Day”.

This Act removes obsolete language. Sheriffs are not equipped to safely transport prisoners and no sheriff has done so in nearly 10 years. This Act also makes a technical correction to conform existing law to the standards of the Delaware Legislative Drafting Manual.