SB 66 — AN ACT TO AMEND TITLE 20 OF THE DELAWARE CODE RELATING TO THE PUBLIC HEALTH EMERGENCY PLANNING COMMISSION.

LC :

CGW :

CM Page 1 of 3 Released:

03/20/2023 10:54 AM (11) The Governor’s Homeland Security Advisor;

Advisor.

(12) A representative of the Delaware medical community;

community, to be appointed by the Governor, for a term of 4 years.

(13) The Attorney General;

and General.

(14) A physician who is board-certified in emergency medicine and licensed to practice in this State.

State, to be appointed by the Governor, for a term of 4 years.

(15) The Minority Leader of the Senate.

(16) The Minority Leader of the House.

(b) The Secretary of the Department of Health and Social Services or the Secretary’s designee shall serve as the Chair of the Commission.

The Governor shall also appoint representatives of affected constituencies, including the medical community, local health departments and governments, local police, fire and emergency medical service agencies, community health centers, and volunteer organizations as ex officio members of the Commission.

(c) The number of members who must be present at a Commission meeting to have a quorum and conduct official business is the majority of voting members.

Counting for quorum does not include voting member positions that are vacant.

(d) An individual appointed to fill a vacancy on the Commission holds office for the remainder of the term of the former member.

Section 3.

Amend § 3142, Title 20 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 3142.

Public health emergency plan.

(f)(1) The Commission shall meet within 30 days of the initiation of a state of emergency due to a public health emergency for the purposes of discussing and evaluating, in an advisory capacity to the Governor, the response to the public health emergency.

(2) The Commission shall meet at least every 30 days until the termination of the state of emergency due to a public health emergency.

Section 4.

The Public Health Emergency Planning Commission shall be reappointed and reconstituted to carry out its statutory duties under § 3142(b) of Title 20 and the duties added by this Act.

The Secretary of the Senate shall notify the Secretary of the Department of Health and Social Services of the enactment of this Act by providing a copy of the legislation.

SYNOPSIS This Act adds the Senate Minority Leader and the House Minority Leader as members of the Public Health Emergency Planning Commission (Commission).

LC :

CGW :

CM Page 2 of 3 Released:

03/20/2023 10:54 AM This Act also requires the Commission to meet within 30 days of the initiation a state of emergency due to a public health emergency for the purposes of discussing and evaluating, in an advisory capacity to the Governor, the response to the public health emergency.

The Commission would be required to continue meeting at least every 30 days until the termination of the state of emergency due to a public health emergency.

This Act also defines the term “Commission” in the subchapter-level definition section since the term “Commission” is used in multiple places within Subchapter V of Chapter 31 of Title 20.

This Act also adds Commission governance procedures, including length of terms, filling vacancies, and defining quorum.

This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual, including updating agency names.

CM Page 13 of 13 Released:

05/11/202303/20/2023 09:5010:54 AM 30215200213021520011