June 2023 Legislative Priorities
With the General Assembly being out of session until June 6th for budget markup, in lieu of this week’s update we will be discussing the top bills currently in the General Assembly that we as progressives would like to see passed this session, and the top bills that we want to see stopped. Many good and bad bills have been introduced so far this session, so this is by no means an exhaustive list, just those that we consider a priority at the moment. Nor does this reflect the sum total of bills that will be introduced this session. There are still many bills yet to be introduced, both good and bad, and this list is merely a reflection of those bills that are currently in the General Assembly.
Note: Reforming Delaware’s Law Enforcement Officers Bill of Rights is not included in this list as no bill has been introduced yet this session, but it is a top priority for us to see movement to reform Delaware’s LEOBOR and allow for increased police transparency and accountability. Police have said publicly that they have a version of LEOBOR reform they would be comfortable with, but advocates are justifiably skeptical of what that version would look like. Keep an eye out for what a police-supported LEOBOR reform would look like and look critically at the effectiveness of such a bill, especially in comparison to what advocates and impacted folks are asking for. Check out Delaware Call’s series on Delaware’s LEOBOR and the need for reform here.
Bills to Pass
Senate Bill 4 (probation reform)
What it does: Senate Bill 4 would modernize Delaware’s probation system. As proposed, the new probation reform bill would: end incarceration for technical probation violations, enable the probation conditions to be tailored to individual needs, invest in community-based reentry programs, limit probation terms for most crimes to one year, eliminate probation for minor convictions, and require data collection. More information from ACLU Delaware here.
Why we like it: This is an incredibly important criminal justice reform that would make the probation system in Delaware more equitable and less arbitrary. This is part of a longstanding effort by ACLU Delaware to reform the incarceration system in Delaware.
What are its chances of passing: While it has major support from Democratic leadership in the Senate, criminal justice reforms are harder to get passed in the House, which has more members inclined to listen to police lobbyists. Law enforcement, long a powerful voice on such matters, has been strongly opposed to this bill. In summary, for this bill to pass your voice is needed: ACLU DE has a Lobby Day on June 6 and action alert to contact your legislators to support this bill.
SS1/Senate Bill 1 (renter right to representation)
What it does: SS1/Senate Bill 1 creates a right to representation for tenants in evictions and other landlord-tenant actions. This would provide low-income tenants with the right to legal help and other measures to prevent eviction. More information from ACLU Delaware here.
Why we like it: Evictions are one of the most disruptive things that can happen to a person, especially those struggling with poverty. Most low-income people lack the funds to afford a lawyer to help them fight their eviction, and lack the knowledge required to navigate the complexity of the legal system themselves. The right to representation for tenants may well be the only thing preventing a person from finding themselves homeless.
What are its chances of passing: Pretty good. The bill has already passed the Senate, and has continued to pick up steam in the House. After being released from the Appropriations committee on May 18th, its pathway to passage is clear, barring any shenanigans from House Leadership. Last year’s version failed in the House on June 30, but hopefully the work advocates and organizers have put in since then will get it the votes to pass this year.
HS1/House Bill 110 (Medicaid coverage for abortion)
What it does: This bill expands Medicaid coverage to include abortion services.
Why we like it: While Delaware has maintained the right to seek an abortion, even after Roe v. Wade was struck down last year, the cost still serves as a barrier for many low-income people. Requiring Medicaid to cover abortion means that low-income people will have access to necessary care and will bring Delaware’s abortion law into line with most of its Mid-Atlantic neighbors. This is a priority for Planned Parenthood of Delaware.
What are its chances of passing: Has broad support from within the Democratic caucus and the public at large, so hopefully will pass. However, like with a lot of bills this year, the big question is funding: there was debate over the fiscal note which led to a holdup in the Appropriations committee, and with funding not included in the recommended budget bill, the money needed for this legislation to be effective has to come from elsewhere.
House Bill 145 (reverse warrants ban) & House Bill 115 (civil asset forfeiture)
What it does: These bills would restrict unjust police searches and seizures. House Bill 145 would prohibit law enforcement from using “reverse warrants” to obtain broad location or technology search data without probable cause that any specific person has committed or will imminently commit a crime. House Bill 115 is a civil asset forfeiture reform that establishes guidelines protecting citizens from having cash and property seized by law enforcement.
Why we like it: These two bills are a great step towards curbing the overly-broad powers of the police in Delaware.
What are its chances of passing: HB 115 has fairly broad support across the Democratic caucus, including several members of leadership, and its likelihood of passage seems fairly high. HB 145 on the other hand, despite having some bipartisan sponsorship, could likely be defeated or simply languish in a House Public Safety committee stacked with law enforcement allies.
House Bill 99 (the Delaware Climate Change Solutions Act of 2023)
What it does: This bill establishes targets for greenhouse gas emissions reductions over the medium- and long-term as a broad-based effort to combat climate change and make Delaware carbon neutral by 2050.
Why we like it: This is one of the broadest and most comprehensive environmental bills in years. While not quite as extensive as past versions of the bill, it is supported by most of the major environmental groups in the state. This impact that climate change will have on low-lying coastal states such as Delaware in the coming years makes the passage of this bill and others like it more urgent than ever.
What are its chances of passing: With tentative support from the Carney administration and the majority leadership of both houses signed on as cosponsors, the passage of this bill seems likely.
SS1/Senate Bill 2 (permit to purchase a handgun)
What it does: This bill creates a system where those wishing to buy a handgun would be required to submit an application, complete firearm training, and pass a background check to be approved for a “permit to purchase.”
Why we like it: Moms Demand Action and gun reform advocates have been pushing for this for a while as a tool to reduce gun violence.
What are its chances of passing: Already passed the Senate and House committee; an amendment was added to limit the voucher program and reduce the fiscal note, so it seems likely to see a full House vote before June 30.
House Bill 142 (banning LGBTQ+ panic defense)
What it does: This bill precludes the so-called LGBTQ+ “panic” defense that seeks to partially or completely excuse or justify a defendant from full accountability for the commission of a crime on the grounds that they “panicked” in response to the actual or perceived sexual orientation or gender identity of the victim.
Why we like it: Gender identity and sexual orientation should not be an excuse for anyone to cause harm to another, and should not be allowed as a legal defense to justify an offender’s actions.
What are its chances of passing: Was released from House committee earlier in May, so hopeful that it will be passed by the full House and Senate before June 30.
Senate Bill 9 (childhood lead exposure)
What it does: This bill creates a system to eliminate lead-based paint from residences where children are still exposed to lead.
Why we like it: Lead-based paint is prevalent in many Delaware residences and causes extraordinary neurological damage in children, including seizures, behavioral disorders, developmental delays, and cognitive disabilities.
What are its chances of passing: Pretty good, considering it has already passed the Senate unanimously and there’s a lot of pressure on the legislature to address the lead issue.
Bills To Stop
Senate Bill 128 (obstruction of justice)
What it does: SB 128 creates the new crime of obstruction of justice “when the person corruptly intimidates, influences, obstructs, or impedes the administration of law, a law enforcement investigation, or any other inquiry authorized by law, including criminal, civil, or administrative inquiries.” Examples of this include concealing evidence and making a false or misleading statement. Obstruction of justice would be a class D felony; class G felony; class A misdemeanor, which all carry jail time.
Why we oppose: This bill seems well intentioned but overly broad: the concern is that while the bill is intended to catch powerful individuals and organizations who abuse their power, it could easily be applied to ordinary people charged with low-level crimes instead and used to stack charges. If the purpose of this bill is meant as a way to hold those who hold public trust accountable for wrongdoing, why is this bill not narrowly defined along those lines?
What are its chances of passing: Already released from Senate committee, and has broad and bipartisan support, so seems fairly likely to pass unless more scrutiny is put on the bill.
Senate Bill 100 & Senate Bill 101 (drug crimes)
What they do: Senate Bill 100 would classify Tier 3 Drug Possession and Tier 3 Drug Manufacturing/Delivery/Intent as violent felonies, even though the behavior at issue itself does not involve actual or threatened physical violence. Senate Bill 101 would establish quantity tiers specific to drug offenses involving fentanyl. These days it is rare to find street drugs that do not contain fentanyl in some amount — even drugs sold as cocaine or other illicit non-opiate substances often contain fentanyl. Adding quantity tiers for fentanyl would thus increase the penalty for the vast majority of drug possession cases.
Why we oppose: Delaware has taken comprehensive steps in recent years to reduce the destructive effects of the failed War on Drugs, and these two bills represent a massive and unnecessary step back. More information here.
What are its chances of passing: Seems likely that these aren’t moving before June 30 this year due to organizational and community opposition, but will be important to make sure these aren’t going anywhere this year and don’t come back next year.
New Crimes (catalytic converters & porch pirates), Open Container, etc
What they do: This year in the legislature we have seen a number of bills that have the potential for significant charge stacking. HB 50 would create the state offense for Mail Theft, primarily targeting porch piracy. SB 104 would create an additional offense for theft of a catalytic converter. HB 119 would create an additional civil penalty for possession of an open container of alcohol within your car.
Why we oppose: We are opposed to these bills because they simply add additional charges to what are already crimes. For example, in the case of a stolen catalytic converter, if a person sells a stolen catalytic converter with a value of over $1,500, they can face charges of: class G felony theft, class G felony theft of a catalytic converter, class G felony for selling a stolen catalytic converter, and additional charges for selling stolen goods. What these bills seek to address are already crimes. Theft is already a crime, and sale of stolen goods is already a crime. Similarly, additional charges depending upon the value of the property and the age of the victim are already crimes. With the open container law, driving while intoxicated is already a crime, so it seems concerning to create an additional reason for police to pull people over for a passenger drinking out of potentially any container, like a soda can or water bottle. Not only that, but these are charges that are far more likely to be applied to a person of color in the rare case of an arrest for any of these instances.
What are its chances of passing: These bills have a high chance of passing, due to their bipartisan support and in the case of the open container law, it is part of a broader package proposed by the Governor and DelDot.
House Bill 36 (lowering realty transfer tax)
What it does: This bill lowers the realty transfer tax from 4% down to 3%.
Why we oppose: The significant financial cost of this legislation could lead to budget cuts that significantly impact programs that help people. The fiscal note of this legislation estimates that this bill would lead to a loss of $104 million in the next fiscal year, and over $130 million in each of the next two fiscal years. This also primarily benefits those who are buying or selling high-value properties.
What are its chances of passing: The likelihood of this bill passing is unclear, while it has wide support amongst the legislature, it is not considered as a part of the Governor’s budget. It is likely a symbolic bill, to tell constituents that their legislator supported the cut, but nevertheless if this bill sees movement it would devastate potential resources and services for poor Delawareans.
Developer Deregulation Bills
What it does: House Bills 101, 102, 103 and 104 would reform state processes to expedite commercial and economic development projects.
Why we oppose: While these bills have been touted as technical changes to streamline processes, environmental and open government advocates have voiced concerns that these bills would lead to lower standards for oversight, proper review of projects, public input, and sustainable development.
What are its chances of passing: Likely. These bills have flown somewhat under the radar and are being pushed by developers, the business lobby (full list of their legislative priorities here), and the Governor’s administration.
House Bill 167 (SRO units in schools)
What it does: This bill would place an SRO (student resource officer, meaning a law enforcement officer) in every school, with additional SRO per 1000 students, with more potentially depending on school size.
Why we oppose: It has been proven in studies, time and time again, that putting police in schools does not work. They do not assist in preventing school shootings, and can put students of color in positions where they face unnecessary searches, stops, or potential arrests.
What are its chances of passing: Unclear - while this legislation has bipartisan support, it has yet to be heard in committee and has a massive fiscal note (over $68 million for 2024) that would also require local school districts to pay for a share of the costs.
House Bill 121 (allowing LLCs to vote in Seaford elections)
What it does: This bill would allow the City of Seaford to authorize artificial entities, limited liability corporations' partnerships and trusts to vote in municipal elections.
Why we oppose: Corporations should not be allowed to vote in elections. More information on this bill and its implications here.
What are its chances of passing: It was pulled off the House agenda after facing public opposition, but a substitute bill has been filed so it seems possible that it could slip through before June 30 if folks aren’t paying attention and raising noise in opposition.