Report from Legislative-Advocacy Committee July 5, 2022
2021-2022 Legislative Roundup – Below are results of Bills SDARJ supported, either directly with calls or letters to legislators, or indirectly with letters to the editor or through our partner organizations. There were significant victories, discussed below, but also significant disappointments. We were extremely disappointed that the General Assembly did not pass the three bills below.
SB149 – Possibly the worst disappointment. Sen. Lochman did not bring the bill to the floor, even after significant amending that in the end SDARJ did not support, because she could not garner enough Democratic votes to support passage.
SB101 – the Senate’s effort to provide tenants with counsel in eviction proceedings was defeated in the House. Again, not enough Democrats supported this for passage.
HB371 – decriminalizing small amounts of marijuana for possession and gifting was vetoed by the Governor and the House upheld the Governor’s veto.
These were examples of bills that should have passed in a legislature with both Houses under Democratic Control. SDARJ, together with ACLU, published a letter expressing disappointment in the General Assembly, and in particular, the Democrats to enact these bills that were part of a platform espousing a commitment to racial justice. The letter can be viewed at https://www.aclu-de.org/en/news/commentary-delaware-democrats-fail-live- promises-black-and-brown-people
Voting Rights
SB25 – Same Day Voter Registration – Passed
SB320 – Vote by Mail – Passed
HB75 – constitutional amendment leaving to the General Assembly the task of providing rules and circumstances for absentee voting, by a majority vote was not brought to the floor for a vote. Rep. Longhurst continually stated she had the votes for passage, but apparently did not. This prompted the Senate to introduce its own vote by mail bill, which, thankfully did pass. The failure of HB75 to pass this session effectively kills the constitutional amendment, but it may be rendered moot by the passage of SB320.
HB146 – eliminating some municipality’s requirements of double registration to vote, was reported out of committee, but did not make it to the floor for a vote.
HB288 – paid time off to vote – stuck in House Appropriations
Maternal-Fetal Issues/Child/Adult Health Issues/Domestic Violence
The “Momnibus” Bills introduced by Rep. Melissa Minor-Brown
HB340 – Improving many aspects of the Maternal Mortality Review Board – passed HB341 – exemption pregnant persons, caregivers and parents of children six months or younger from TANF work requirements – passed
HB342 – prohibiting shackling of pregnant prisoners in second or third trimester – passed HB343 – providing Medicaid coverage for Doulas – passed
HB344 – requiring bias training for licensed health care professionals – passed
HB345 – providing midwife or doula services for pregnant prisoners up to six weeks post partum – passed
HB320 – authorizing Physician Assistants, Certified Nurse Practitioners or Midwives to prescribe medication to terminate a pregnancy – passed
HB455 – authorizing Physician’s Assistants and Certified Nurse Practitioners to perform surgical abortions; prohibiting discipline of such activity in this state, even if unlawful in another state; prohibiting disclosure of patient information other than to investigate a complaint by a patient; protection from civil lawsuits or prosecutions by another state where such activity would be illegal – passed
HB317 – extending Medicaid coverage to undocumented children residing in Delaware – stuck in House Appropriations
HB316 – Changes to the Domestic Violence Coordinating Council, enabling the Council to make its rules, not statute, and other operational changes – passed
HB400 – ensuring confidentiality of health records for spouses and dependents from the primary insure – prohibits health carriers from disclosing such information to primary insured. Stricken in the House
HB234 – providing Medicaid coverage through year 1 post partum. Passed
SB1/SS2 – Paid family leave and medical insurance program for up to 12 weeks for certain
qualifying events, such as birth of a child. Passed
Gun Legislation – These bills all passed and were signed by the Governor
HB451 – increasing to 21 the age a person can sell or transfer a long gun or ammunition for a firearm.
HB450 – prohibits sale and possession of assault style firearms with exceptions for law enforcement and grandfathering prior purchases before bill signed.
HB423 – Designates State Bureau of Identification to conduct background checks for gun purchases
SB302 – allowing someone harmed by gun industry’s recklessness or negligence to sue for damages or other relief, while permitting Delaware DOJ to seek an injunction prohibiting the gun industry member from continuing to engage in those tactics.
SB8 – outlaws Glock switches that can turn a semiautomatic firearm into a fully automatic machine gun.
Other Criminal Justice Legislation
HB244 – prohibiting the imposition of fines, fees, and suspensions in certain situations that
negatively impact the individual’s rehabilitation – passed
HB255 – Making deprivation of civil rights a crime – passed
HB354 – Whistleblower Protection Act – passed
HB118 – Compensation to former inmates for wrongful imprisonment – stuck in House Appropriations
SB144 – Hate crimes bill – passed
SB345 – a comprehensive probation reform package was introduced on the last day of the session by Sen. Pinckney. The purpose of doing that was to allow everyone to be acquainted with it and to work on it next session. Among other things, the bill would
incarceration of probationers for technical violations. (2) Enable the customization of
(1) End
conditions of probation to meet individual needs. (3) Require the collection and publication
of data on probation. (4) Invest in community-based re-entry programs. (5) Limit probation
terms to 1 year.
