This Act makes additional technical changes to Senate Bill No. 122 and Senate Substitute No. 1 for Senate Bill No. 122. The Senate Substitute unanimously passed both chambers during the 1st Session of the 150th General Assembly. Section 1 of this Act creates the Delaware Perinatal Quality Collaborative to improve pregnancy outcomes for women and newborns and such issues as obstetrical blood loss management, pregnant women with substance use disorder, infants impacted by neonatal abstinence syndrome, and advancing evidence-based clinical practices and processes through quality care review, audit, and continuous quality improvement. Section 2 of this Act establishes the Chair of the Delaware Healthy Mother and Infant Consortium as the temporary chair of the Collaborative to guide the Collaborative’s initial organization.
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This bill codifies portions of the Second and Nineteenth Modifications of the Governor's Declaration of State of Emergency due to COVID-19 concerning food and drink establishments. Food and drink establishments suffered great losses since March, 2020 due to the pandemic including millions of dollars in lost sales and the loss of an estimated 30,000 jobs in this State. This purpose of this bill is to continue efforts to try and mitigate the losses this industry has suffered. This bill does all of the following: (1) allows an entity that has a valid on-premise license to sell alcohol to continue to alcoholic beverages as part of transactions for take-out, curbside, or drive-through food service so long as certain conditions are met; (2) allows a licensee to continue to use outdoor seating for serving of food and drinks so long as the licensee satisfies certain conditions; (3) allows the Commissioner to temporarily suspend a license only if the Commissioner has reasonable grounds to believe that public's safety is at risk and there has been a violation of the law; and (4) allows the Commissioner to hold hearings by electronic, telephonic, or remote means. This Act is effective until March 31, 2021. Any expansion of outdoor seating for serving of food and drinks that meets the requirements of the Paragraph A.2 of the 19th Modification of the State of Emergency Declaration, or any subsequent modification that increases total outdoor seating capacity, is not a substantive change through March 31, 2021 even if the State of Emergency is no longer in effect, which means no additional applications are required.
This Act brings Delaware into compliance with the federal No Human Trafficking on Our Roads Act by creating a lifetime disqualification for a commercial diver license if the individual engages in human trafficking while using a motor vehicle. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act requires that individual, group, and State employee insurance plans cap the amount an individual must pay for insulin prescriptions at $100 a month and must include at least 1 formulation of insulin on the lowest tier of the drug formulary developed and maintained by the carrier.
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.
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 Act clarifies that an employer is liable to an employee for liquidated damages if the employer does not make wages available during the next payday after an employee quits, resigns, is discharged, suspended, or laid off. The only difference between Senate Substitute No. 1 for Senate Bill No. 212 and Senate Bill No. 212 is this revised Synopsis. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual and revises the section heading to accurately describe the content of the section.