THE 2022 Session of the 151th GENERAL ASSEMBLY

August 2022

Climate Change/Energy – Peggy Schultz, chairperson

This was not a good year for efforts in Delaware to take action to mitigate the effects of climate change.

• Our big climate change bill (SB 305) passed the Senate but was not released from the House Energy Committee, so it died.
• This bill would have set greenhouse gas (GHG) emission reduction goals (relative to 2005 emissions) as follows:
• 2030, 50% reduction; 2050, 90% reduction.
• It would have also directed all state departments to set and implement climate change targets. The good news is that it is expected to reappear in the next session, hopefully with its major features intact.
• SB 310, a bill to resurrect the Governor’s Energy Advisory Council (GEAC), passed. Conservatives in the General Assembly supported the bill, as well as those who historically support environmental legislation. Support by conservatives gives one pause.
• The thought among this cohort may be that if environmental issues are reviewed by the GEAC, a body which includes a number of fossil fuel and business-as-usual folks, that by the time the discussion is complete a good deal of the value of the bill may have been lost. This was a minor victory but nowhere near as significant as SB 305 would have been.
• The League, through a coalition that we lead [POWER (People for Offshore Wind Energy Resources)], supported both a bill and a concurrent resolution on offshore wind. Neither got off the ground. Either piece of legislation would have gotten the ball rolling on an offshore wind procurement process.
• There is some sense of urgency for an offshore wind project since not only is climate change causing a rapid degradation in the environment, but also a federal tax credit will expire in December of 2025.
• In order to apply for the credit, the developer must prove that s/he is well underway with the offshore wind project, with some materials purchased and some permits obtained…both requiring a finite lead time. An 800 MW offshore wind project for Delaware would provide 28% of the state’s energy.
• One bill that did pass (SB 298) offers a small bit of relief. This bill increases from 5% to 8% the cap at which electric utilities may elect to not reimburse (at retail cost) home owners for electricity provided beyond what they need for their household when their primary source of fuel is solar, wind, hydro, a fuel cell, or gas from the anaerobic digestion of organic material. From month to month, customers can get credit for excess power generated, but at end of year the slate is wiped clean and all credit is wiped out. This bill will only add a small increment of clean energy to the grid. One outcome of discussion on SB 298 was learning of the distressing inability of the grid to respond to unexpected increases or decreases in power.
  Please contact Peggy to join in the work on this issue: (schultz_peggy [at] yahoo.com)

Criminal Justice – Lori Yadin, chairperson

• The LWVDE strongly supported HB 244 and HA 1, known as the Fines and Fees Bill. This Bill is one that begins to address the issue of the negative impact current fines and fees have, imposed by the criminal justice system on Delaware citizens, disproportionately affecting low-income communities and communities of color. The Bill has passed and is now ready for the Governor.
• The LWVDE also strongly supported SB 149, known as the Law Enforcement Officer Bill Of Rights, but it met with a lot of push back from police officers and was pulled for revision at the end of the first half of the 151st General Assembly. Ultimately, it went nowhere. Many organizations who originally supported the Bill, pulled their support after reading the revisions to the original Bill, feeling it had been too watered down and no longer offered the transparency and reform they and the communities they represented were looking for.
• Conversely, the LWVDE did not support SB 172 – widely seen as a Partisan Gun Bill that would have allowed the carry of a concealed weapon without a permit, often referred to as a constitutional carry law. After a very long hearing, with many representing varying positions, the Bill failed.
• Following incidents of on-going gun violence in our state and nationwide, several Gun Reform Bills were introduced, and the LWVDE wrote a strong letter to support this package of Bills, which included banning the sale of assault weapons, raising the legal age to purchase most firearms from 18 to 21, strengthening background checks by reinstating the Firearm Transaction Approval Program, holding gun manufacturers and dealers liable for reckless or negligent actions that lead to gun violence, and banning the use of devices that convert handguns into fully automatic weapons. Happily, this Package did pass (HB 450 and 451, HB 423, SB 6 and SB 8, and SB 302) and the bills have been signed by Governor Carney.

After a short summer break, the Criminal Justice Committee looks forward to setting our priorities for the next Legislative Session. We are actively seeking to welcome new members to join us in our work, and invite you to consider our committee – please contact Lori, 4hoping [at] gmail.com if interested.

Education- Luann D’Agostino & Susan Mitchell, co-chairs

• Early literacy was addressed head on with SS 1 for SB 4 ensuring teacher use of evidence-backed approaches and standardizing methods and materials, while HB 304 implements standard screenings three times a year to detect early reading deficiencies.
• HB 300 and HB 301 added mental health units and/or counselors to all middle schools and mandates implementation of mental health education programs for all students in grades K-12.
• Addressing an ongoing teacher shortage, HB 430 creates a statewide program to improve recruitment, retention, and diversity of teachers in Delaware public schools. SB 100 builds a framework to bring Delaware teacher salaries more in line with those in our surrounding states, while HB 315 with HA 2 creates a pathway to teaching certification for substitutes.
• Also of note, SB 195 with SA 1, referred to as The Digital Citizenship Education Act, requires the development of curricula and resources to support Media Literacy, Digital Citizenship, and Critical Thinking in K-12. These materials are to provide guidance on teaching Delaware students how to consume and use social media and other digital media sources, and address appropriate, responsible, and healthy online behavior

Please contact Luann or Susan if you are interested in working on these issues (ladagostino1 [at] gmail.com / svm.lwv.ncc [at] gmail.com)

Elections and Voting – Jill Itzkowitz, chairperson

• HB 25, same day voter registration, passed and was signed by the Governor.  This bill allows voters to register up to and including Election Day.  
• SB 320, vote by mail, also passed and was signed by the Governor.  This bill will allow voters in Delaware to request a vote-by-mail ballot, complete the ballot at home, and then mail it back to the Department of Elections or use one of the sanctioned drop boxes.

If you are interested in protecting voting rights, participating in voter registration events, or helping with Vote411, please contact Jill at jillitzkowitz [at] gmail.com We meet the first Tuesday of every month at 11am.  If you cannot make the meeting, you can still participate - just contact her.

Government/Redistricting/Finance/Taxation- Jack Young, chairperson

• Redistricting: In the late spring 2021, a coalition (the Delaware Redistricting Coalition) which included the ACLU, Common Cause and over thirty other Delaware organizations began to function – with League members Kyra Hoffer and Jack Young serving as chairs. The League and its coalition partners made over fifty presentations to community groups and communities of interest.
• Due to delays in the release of census data, the deadline to redistrict the State was extended to within 120 days following receipt of the federal decennial census data. (HB 245). At the urging of the League and the coalition, the 2021 process included public hearings in both the Senate and House. Final maps were approved on November 202 (SB 199).
• Included in the census count were incarcerated persons based on their last known Delaware address, making Delaware one of the nation’s leaders in this – namely, counting incarcerated residents at their last known residence, instead of the place of incarceration. (SB 171)
• Following the redistricting of the General Assembly, the portfolio worked with the Sussex League to successfully submit a map redistricting the five Sussex County Council seats.
• In the spring 2022, work began with Professor Jonathan Justice and students at the UD Biden Center to prepare a comprehensive report supporting the creation of an independent redistricting commission for the 2030 redistricting process. The report proposed a five-person commission, citizen advisory commissions in each county and the City of Wilmington, public hearings, and an independent data center to be maintained at UD with input from DSU. Members of the General Assembly have previously suggested a redistricting commission [see, e.g., SB 27 (2017)]. Work with begin in the upcoming session to lay the foundation for the introduction of a constitutional amendment creating such an independent redistricting commission.
• EARNS: The most significant portfolio achievement in this session was support of legislation to establish a retirement program entitled “the Delaware Expanding Access for Retirement and Necessary Saving (“EARNS”) program. EARNS will serve as a vehicle through which eligible employees may, on a voluntary basis, provide for additional retirement security through a State-facilitated retirement savings program in a convenient, cost effective, and portable manner. (HB 205). The program benefits entry-level and lower wage earners in beginning to build a retirement account.
• Grant- in- Aid and Inspector General Bills Did Not Pass: Past sessions have included both majority and minority efforts to create a Grant-in-Aid Joint Finance Committee independent of the Joint Finance Committee. In this session, the minority-introduced bill died in committee.
• DelCOG led a collation, which included the League, to provide for the creation of an independent office of Inspector General. The ultimate bill had majority and minority support by combining HB 405 and HB 370, for a combined total of 15 sponsors. The bill failed to make it out of committee, however, after the Speaker raised questions about the coordination of the IG’s functions with those of the Attorney General and State Auditor. An amendment (HB 405, HA-1) addressing the Speaker’s concerns came too late in the session.
  To join in the work on this topic area, contact Jack: young [at] sandlerreiff.com

Health Care – Joann Hasse, chairperson

• The Department of Health and Social Services was instructed to take the necessary steps to expand Medicaid coverage to pregnant women from the current coverage of 60 days from the end of pregnancy to 12 months from the end of pregnancy (HB 234).
• Insurers are now required (via HB 303) to cover annual behavioral health wellness exams (pre-deductible) by a qualified mental health clinician.
• Telemedicine received endorsement via HB 334, whichpermits health-care providers licensed in a state other than Delaware to deliver health-care services by telehealth and telemedicine to residents of our state, as long as a health-care provider-patient relationship had already been established.
• A couple of measures addresseddoula services: HB 343 requires the Medicaid Program to produce a report detailing how they would cover these services, and HB 345 calls on the Department of Correction to make reasonable accommodations for provision of available midwifery or doula services to pregnant inmates.
• HOWEVER, the General Assembly disappointed us greatly by failing to pass a Medical Aid in Dying measure. Passage of HB 140 would have allowed mentally-competent individuals to self-administer medication to end their suffering, in the face of a terminal illness.

To join in the work on this topic area, contact Joann or Linda: advocacylwvde [at] gmail.com

Land Use / Transportation- Anna Quisel, chairperson

• HB 19, with HA 2 and SAs 1 and 2, awaits the Governor’s signature at this writing. This bill defines 3 classes of electric bicycles, and a path or trail administrator is allowed to limit access of certain classes of electric bicycles, if appropriate, without a time-consuming change in regulations. This bill will add an increment of support to electric bicycles, a method of transportation that greatly reduces emissions compared with the internal-combustion-engine car, and yet it adds to fitness. You can’t ride an electric bicycle without expending at least some physical effort.
• HS 1 for SB 187 failed. It would have required that municipalities over 30,000 in population to set up procedures to permit electric vehicle (EV) charging stations. It would have been a good step in the encouragement of EV use.

To join in the work on this topic area, contact Anna: annaquisel [at] gmail.com

Money in Politics – Chris Asay, chairperson

• Two bills were introduced, but neither got out of committee:
• HB 366, to add new requirements pertaining to campaign contributions and expenditures; and
• HB 473, to allow for increases in the campaign contribution limits, tied to increases in the Consumer Price Index.

To join in the work on this topic area, contact Chris: ChrisAsay [at] aol.com

Natural Resources – Charlie Garlow, chairperson

• They are SB 22 and SB 239, which both address the sale or installation of invasive plants, specifying that they are banned.  These bills were signed in 2022.
• One good bill came close to passing but died at the last minute – namely, the Styrofoam-ban bill, SB 134.
• It passed the Senate almost unanimously and was on the Ready List but was not taken up in time. We will try again next year. This would ban single-use styrofoam products, such as cups and carry-out containers, which very often end up as litter. 

To join in the work on this topic area, contact Charlie: charliegarlow350 [at] gmail.com

Reproductive Choice – Joann Hasse & Linda Barnett, co-chairs

• HB 320 allows physician assistants and advanced practice registered nurses to prescribe medication for the termination of pregnancy.
• HB 455 makes clear that physicians, physician assistants and nurses who perform, recommend, or provide reproductive health services which are lawful in this State do not engage in unprofessional conduct and cannot be disciplined for such services even if such services are illegal or considered to be the unauthorized practice of medicine or nursing in another state. It authorizes the following to terminate pregnancy before viability:
• A physician assistant who has a collaborative agreement with an appropriately training physician;
• A certified nurse midwife or certified nurse practitioner who demonstrates knowledge and competency, including successful completion of training or certification approved by the Board of Nursing.
• The bill prohibits an insurer from increasing the premium or taking any adverse action against a health care professional or health care organization for performing or providing reproductive health care services that are lawful in this State and covers any medical professional who prescribes medication for the termination of human pregnancy to an out-of-state patient by means of telehealth.

To join in the work on this topic area, contact Joann or Linda: advocacylwvde [at] gmail.com

Social Policy – Linda Barnett, chairperson

• SB 1 established a Family and Medical Leave program for Delaware workers, whereby employees can access up to 12 weeks of paid family and medical leave for the following situations:
• To address a worker's own serious health condition;
• To care for a family member with a serious health condition;
• To bond and care for a new child; or
• To address the impact of a family member's military deployment. The cost of the program is shared between workers and their employers through wage withholding

• A consortium on racial equity was authorized to study and make recommendations to address the disparities and inequities faced by persons of color in DE. Among its tasks, as outlined in HB 375, are to (a) provide advice and support to state agencies regarding the state agencies’ role in identifying and eliminating disparities and inequities; (b) facilitate collaborative partnerships between government agencies, nonprofit agencies, private sector agencies, and all other interested parties and organizations to eliminate racial inequities and disparities; and (c) recommend legislation and regulations to address these inequities and disparities.
• HB 311 makes it unlawful to discriminate against persons with disabilities in public accommodations. This brings the DE Code into alignment with federal law.

To join in the work on this topic area, contact Linda: advocacylwvde [at] gmail.com

The 2021 Session of the 151st General Assembly

August 2021

The policy positions addressed by the Advocacy Corps are clustered around topic areas which are referred to as “Portfolios.” Here is a review of key bills addressed thus far in the 151st General Assembly. Unless otherwise noted, the bills described
were passed by the Legislature.

For further information about any of these areas and/or to indicate your interest in becoming involved with the activities of the Advocacy Corps, click here and complete the form.

Report by Portfolio:

Climate Change/Energy – Peggy Schultz, chairperson

• Delaware’s Renewable Portfolio Standard (RPS) is set at 40% of the total energy generated by Delmarva – to be achieved by 2035 (SB 33), legislation which was a big win. Although the League was hoping for 50%, that might happen in the second half of this session, beginning in January. The LWVUS supports a goal of reducing carbon emissions as measured in 1990 by 50% by the year 2030, and by 90% by the year 2050. This position gives the LWVDE authority to move forward in support of an RPS of at least 50% by 2035.
• Solar energy will be accessible to residents without roofs, without suitable roofs, and/or without the resources to buy their own solar panels. (SB 2). However, it will only put a very small dent in supplying the total electrical power Delawareans need.

Criminal Justice – Lori Yadin, chairperson

Criminal Justice was a major focus of the General Assembly, with 22 bills filed that fell to the team for consideration – 7 Juvenile Justice, 5 Gun Reform, 7 that Impact Individuals Accused of or Convicted of a Crime, and 3 Police Accountability/Transparency Bills. Thirteen of these bills were passed into law, 8 will be addressed when the General Assembly reconvenes in January, and 1 (SB
149 / Police Accountability) was pulled by the sponsor to be worked on over the summer and reintroduced. Regarding the latter, the Criminal Justice Portfolio Team stands in support of this bill and will be working with the sponsor to get it passed. Given the tensions between the public and the police and the dissolution of relational trust, this legislation is imperative to providing needed healing and trust between law enforcement and citizens. 

• HB24 / Gun Reform prohibits a person who is the subject of a Protection from Abuse Order from purchasing, owning, possessing, or controlling a deadly weapon or ammunition for a firearm. Also prohibits the subject of an outstanding arrest warrant, active indictment, or information related to a felony or misdemeanor crime of domestic violence from purchasing a weapon. 
• SB111 and SB112 create an automatic expungement process and expand the eligibility for mandatory expungement of adults and juveniles.

Education- Kathleen Baker, chairperson

• Mental health programs in elementary schools are authorized. (HB 100). 
• Modernization of Education Funding, moving the focus of funding toward the needs of the child and mandating transparency in financial reporting of education monies. (HCR 24)
• Early Childhood Education measures approved include developmental screening for children (HB 202), moving early intervention services from the Department of Health and Social Services to the Department of Education (SB 136), and requiring the inclusion of “science of reading” in teacher preparation programs. (SB 133)
• Youth aging-out of foster care are given full support to attend one of the four Delaware Universities. (HB 123)
• In the area of Education Leadership, the term of School Board office is modified from five to four years (HB 92), and qualifications for an individual to serve on a district School Board or the State Board of Education are enhanced. (SB 78)
• In the area of Civic Education, students in grades 6 through 12 are authorized to have an excused absence for a civic engagement activity by request of the parent. (HB 175)

Elections and Voting – Jill Itzkowitz, chairperson

• Although a dozen voting bills were initiated during the first session of the 151 st General Assembly, only a few passed the House and the Senate. SB 5 allows for automatic voter registration at the DMV and other social service agencies. The other bills leverage the Department of Elections database for certain municipality elections, eliminating the need to register twice.
• The biggest disappointment in this session was the failure to pass HB 75, which would eliminate the restrictive absentee language from the Delaware Constitution. Since this bill modifies the constitution, it requires a 2/3 majority to pass and needed two Republicans in the House to vote yes. Unfortunately, no RepublicanHouse members did. We are hoping for passage next year.

Government/Finance/Taxation- Jack Young, chairperson

• Eligible recipients may choose the most beneficial credit to be applied to personal income tax. (HB 16)
• In December 2020, LWVDE wrote to Gov. Carney urging a return to pre-Covid funding levels. Funding was restored, with additional increases. (HB 242-Bond bill; HB 250 -The Fiscal Year 2022 Appropriations Act; HB 265-Grant-in Aid)

Health Care – Joann Hasse, chairperson

• Pharmacists are authorized to administer and dispense oral as well as injectable hormonal contraceptives under a Standing Order from the Division of Public Health (i.e. without a prescription from a provider). Regulations for doing so are to be developed by DPH. (SB 105)
• The Health Care Commission is directed to monitor compliance with value-based delivery models and develop, and monitor compliance with, alternative payment methods that promote value-based care. Requires insurance carriers to spend a certain percentage of their total costs on primary care. Spells out in some detail the duties and authority of the Office of Value-Based Health Care. (SS1 for SB 120)
• A Health Care Provider Loan Repayment Program for new primary care providers (not just doctors) working in underserved areas or areas of need; must accept Medicare and Medicaid. Hospital sites must provide matching grants. (HB 48)

Land Use / Transportation- Peggy Schultz, chairperson

• Several small bills came before the Legislature this half session, all nickel and diming at reducing carbon emissions from vehicles in one way or another. The most important is HB 18, a bill tweaking and increasing the applicability of the earlier Complete Communities Enterprise District (CCED) legislation.
• In spite of all the amazing advances in car efficiency since 1990, transportation-induced emissions have increased by 22%. That’s because vehicle miles traveled have increased by 50%. Only by changing land-use patterns, getting people to live closer together so they can walk or bike or take buses to do routine shopping and business, will we substantially reduce transportation-caused carbon emissions. CCEDs will do that.

Money in Politics – Chris Asay, chairperson

• Concurrent resolution in support of an amendment to the US Constitution to reverse the 2010 Citizens United decision of the US Supreme Court; garnered significant sponsorship in both houses but was never brought up for a vote. (SCR16) 
• Candidates for political office are authorized to use campaign money to pay for childcare while the candidate attends a political activity. (HB 90)

Natural Resources – Charlie Garlow, chairperson

• Authorizes funding amounting to $50 million, to be matched by $30 million from the federal government, to make $80 million available for clean water projects. (HB 200)
• Regulates the “forever chemicals," a family of toxic chemicals such as PFCs, perfluorinated compounds, PFOs, PFOAs, etc, used in making Teflon and other consumer products. They almost never degrade or break down in the environment, causing continuing harm, especially harmful in water supplies. The U.S. EPA has not regulated these poisons, so it falls to the states to do so. (HB 8)
• Requires both large and small stores to eliminate plastic bags unless they are reusable, which definition increases the thickness of bags to 10 mils from 2.25 mils to qualify for the exemption for “reusable” bags. (HB 212)
• Bans the release of helium balloons, making such release subject to littering prohibitions. (SB 24 with SA 1)

Redistricting – Kyra Hoffner, chairperson

• Deadline for the General Assembly to reapportion and redistrict the State after each federal decennial census moved to within 120 days following receipt of the federal decennial census; passed both chambers without public comment. (HB 245)
• Procedures specified which are necessary to ensure that incarcerated individuals who were residents of Delaware immediately before their date of incarceration are counted for reapportionment and redistricting purposes at their last known residence. This will be the first time in Delaware history that prisoners will be counted in this manner. (SB 171)
• House Concurrent Resolution providing for an open redistricting process that allows for public participation in the 2021 redistricting process. Calls for specific guidelines that the House and Senate should follow during their redistricting processes and sets November 7th as the final deadline for the redistricting processes to be completed in order to provide new legislative boundaries one year before Election Day 2021. The redistricting team and coalition partners have sent a letter asking for dates for public comment. (HCR 32)

Social Policy – Linda Barnett, chairperson

• The minimum wage is to be increased in increments from the current $9.25/hr to $15/hr as of January 2025. (HB 15).
• The constitutional amendment explicitly declaring that protection against discrimination based on race, color, and national origin is one of Delaware's fundamental rights (language added to § 21 of Article I). (SB 31)
• Clarification to Delaware law which prohibits discrimination on the basis of race. making clear that race includes such traits historically associated with race as hair
• Discrimination against any person because of religion is declared illegal under Chapter 45 of Title 6, the Delaware Equal Accommodations Act. (SB 72)
• Juneteenth (June 19) was established as a State holiday, commemorating the emancipation of the last enslaved African Americans in the United States. (HB 119)
• Public schools ordered to add instruction to grades K through Twelve that teaches students about Black History, to be implemented during the 2022-2023 school year. (HB 198)

For further information about any of these areas and/or to indicate your interest in becoming involved with the activities of the Advocacy Corps, click here and complete the form.

 Advocacy Focus: LWVUS

To learn about the priority national issues with which LWVUS is involved, refer to the LWVUS Legislative Priorities Guidance for 2021. This updated guidance to state and local Leagues recommend legislative priorities under the Making Democracy Work® and People Powered Fair Maps® Campaigns and in other urgent issue areas.

If you would like to advocate on LWVUS positions at the national level, check out the LWVUS's latest Action Alerts here: lwv.org/take-action. LWVUS action alerts make it easy to send quick, targeted messages to members of Congress on priority issues before key votes.

Previous Advocacy Actions

The LWVDE Advocacy Corps meets monthly, in Dover when possible and via Zoom when necessary. Preparing for advocacy at the state level takes place year-round. The Advocacy Corps takes positions on the bills and administrative actions it tracks and offers testimony in person at hearings, when possible, and electronically when necessary. We support or oppose legislative and administrative proposals in accordance with policy positions approved by the State Board. The full set of those policy positions can be found elsewhere on this site, as can the actual texts of the testimony presented over the course of the 150th General Assembly.

During the150th General Assembly (which ran from January 2018 - June 30, 2020), we tracked approximately 150 bills. Our top priority legislation for 2019 was Early Voting and it was enacted, with several League members present for the signing by Governor Carney on June 30, 2019. This process goes into effect in January 2022. Our top priority for 2020 was Vote-By-Mail, and legislation to authorize that for the 2020 Primary and General Elections was also enacted.

We also study the Governor’s Recommended Budget and the budget proposed by the Joint Finance Committee each year, testifying at the various hearings held.  The budgets adopted for Fiscal Year 2021 included: $4.5 billion operating, $708 million capital bonds, and $55 million grant-in-aid budgets. The Governor’s original proposal in January included a $4.6 billion operating budget and an $893 million bond bill, which would have been the biggest in the state's history. Due to the Covid-19 slow down the state's revenue forecast dropped by $400 million through June.

Indeed, the public health emergency in which we are plunged has affected our advocacy, as it has everything else in our world. Much of what we had hoped to work toward has been stopped in its tracks.

Nonetheless, we do have accomplishments to report from the just-completed legislative session, and highlights are described below, reflecting the range of issue areas on which we focus. 

First, as noted above, considerable legislative progress was made in the area of voting. In addition to the accomplishments already specified, the first leg of a constitutional amendment was passed to establish no-excuse absentee voting. This will require enactment again in the next General Assembly for it to become part of the Constitution. 

Another measure related to voting that we supported and that was adopted is to authorize Delaware to participate in the National Popular Vote Interstate Compact, which would award all of a state’s electoral votes to whichever presidential candidate wins the overall popular vote in the 50 states and the District of Columbia. Nationwide, as of August 2020, 16 jurisdictions with 196 electoral votes have joined the Compact.  To win, a candidate needs 270 votes. Passage by the remaining needed states is of course uncertain.

In the area of social policy, the General Assembly approved a new provision that has now been added to the Delaware Constitution, namely that no one can be deprived of his/her rights on the basis of sex. Passage of this measure in the 150th General Assembly followed its passage in the 149th, which was required for a change to the Constitution.

Another constitutional amendment passed by the 150th General Assembly spells out that no one can be denied equal rights on the basis of race, color, or national origin. However, it can’t become law until it passes again during the 151st General Assembly. We will actively support that measure.

In the environmental area, legislation was adopted to restrict the use of single-use plastic bags. Large retailers, as of January 2021, are banned from providing such bags at check-out, with a few small exceptions.

In addition, a bill was passed to facilitate the use of solar panels on residential roofs. Notably, that legislation includes the following language: “…, it is the policy of the State of Delaware to protect the public health, safety, and welfare by encouraging the development and use of renewable resources and to remove obstacles thereto.”

Land Use & Transportation are also areas of focus, and legislation was adopted during this General Assembly to establish a vertical limit for industrial landfills. In addition, a law requiring transparency in regard to the use of the Community Transportation Fund was passed. This fund allocates money to legislators each year to make improvements in their districts. With this new legislation, the public will be able to monitor how those dollars are distributed.

In the area of access to quality health care, a measure was adopted to ensure that the Affordable Care Act’s provisions will remain in effect in our state, regardless of actions taken at the federal level.  In addition, legislation was adopted to improve the functioning of the Childhood Lead Poisoning Advisory Committee, giving it more authority and responsibility. Our own Sandy Spence was appointed to the Committee, and we know she will work hard to enhance this group’s effectiveness.

Dental services for adults were finally added to the Medicaid Program, a measure that we long advocated for. It will be implemented as of this coming October.

Finally, Criminal Justice was given appropriately high attention in the General Assembly and by the League. Indeed, the full range of bills passed is the focus of a separate write-up, so that the accomplishments in this area can be fully articulated.

In the Spotlight: Legislative Activity Related to Criminal Justice, 150th General Assembly

The 150th Session was a big one for our Justice Portfolio.  We learned that the U.S. locks up more of its people than any other nation, and Delaware locks up at a rate higher than our national average and higher than any neighboring states. So, joining the Smart Justice Coalition spearheaded by our partner the ACLU of Delaware was an easy decision.  We shared the Coalition’s two main goals: 1) cut our prison population in half and 2) reduce racial disparities in Delaware’s criminal justice system.  Numerous bills were introduced in both 2019 and 2020  --  the latter in spite of the COVID-19 closure of the General Assembly for most of 2020.  Needless to say, the criminal justice portfolio followers were challenged!

Expanding second chances through expungement provisions reformed the availability of expungement for adults the following legislation over the last few years to expand the ability of juveniles to have their crimes expunged. SB 37 expanded the availability of expungement for adults, the first of 19 Smart Justice bills, eleven of which were enacted in 2019.
Several Smart Justice bills were enacted in 2019.

Another expungement bill, HB 102, allows a person arrested or convicted of any crime, except a violent felony, that was a direct result of being a victim of human trafficking to apply for a pardon or expungement - signed on June 20, 2019. A related bill signed the same day is SB 60. It clarifies that to be found guilty of prostitution the person must be 18 years or older.

Another Smart Justice bill expected to reduce incarceration dramatically is HB 5. It allows concurrent rather than consecutive sentences for certain cases with more than one charge, restoring balance to plea bargaining.  It reduces the ability of prosecutors to "stack" charges relating to the same conduct that carry mandatory minimums and effectively forces defendants to take a plea. It will reduce the number of cases, restore sentencing discretion to judges, and allow defendants to test the strength of the state's case at trial without risking a draconian outcome if found guilty. Reducing minimum mandatory sentences has long been one of LWV’s top criminal justice priorities. HB5 was signed by the Governor on June 25, 2019.

Revising drug statutes that have been a major contributor to the growth in incarceration over the years, another Smart Justice priority, was addressed in SB 45. It makes the possession, use, or consumption of a personal-use quantity of marijuana a civil violation for juveniles, as it already was for adults. It was signed on July 31, 2019.  In addition, SB 47, signed on September 19, 2019, removes location-based enhancements for drug crimes that disproportionately impact urban residents and simplifies the drug “tiering” system to reduce the crime classification and sentence length for some drug crimes.

HB 77 and HB 78 help reduce the duplication of crimes, remove minimum mandatory sentences for some conduct, eliminate sentence enhancement, and give more discretion to sentencing judges in certain cases. HB 77 accomplishes this by consolidating the crime of home invasion with burglary. HB 78 eliminates the crime of carjacking by embedding this crime within robbery statutes. These bills were signed on June 19, 2019.

SB 41, signed on July 30, 2019, establishes that the age of offense and not the age of arrest determines jurisdiction for a person facing charges, allowing the case to be held in Family Court rather than adult court.

Finally, three bills were signed on August 13, 2019, that make it easier for felons who complete their sentence to get a job that requires a license to practice in Delaware. There are scores of such occupations. Each one has specific requirements and oversight by separate commissions or other bodies that must be addressed in separate legislation.

HB 7 gives the State Examining Board of Physical Therapists discretion to grant a waiver of a felony conviction for a crime committed against a person where more than three years have elapsed, and for all other felonies, more than 2 years elapsed since the conviction. The board may not consider a conviction where 10 years have elapsed since conviction if there were no other criminal convictions in the intervening time.  (The law already prohibits physical therapist licensure to anyone that has a felony sexual offense conviction.) SB 43 permits waivers for felony convictions under similar conditions for electricians. And HB 124 provides similar waivers for HVAC, plumbing, and refrigeration licenses.

In addition, the House and Senate, in late 2019, passed Senate Concurrent Resolution 37 that urged Delaware's U.S. Congressional Delegation to support federal legislation to establish a national database of beneficial ownership of corporations and limited liability companies to assist federal and state law enforcement in combating criminal activity.

The COVID-19 pandemic and shutting down of the General Assembly for most of the second year of the 150th Session left several more criminal justice reform bills unconsidered.  One outstanding exception was HB 350 that creates the crime of “Aggravated Strangulation” when a law enforcement officer, acting in his/her official capacity, knowingly or intentionally uses a chokehold on another person.  “A chokehold is only justifiable when the officer reasonably believes deadly force is warranted to protect the life of a civilian or law-enforcement officer.” The bill also makes it clear that if a person is charged under this section, that charge shall not preclude or limit the State or any other prosecuting agency from bringing other criminal charges. This bill passed the House and Senate on June 25, 2020, but had not been signed by the Governor as of July 31, 2020. It is expected that the Governor will sign it.

We are always looking for additional volunteers to work with us, to study issues and prepare position papers, letters to the editor, op-eds, etc. Come join us. And we hope you will TAKE ACTION whenever we send an Action Alert on important bills!

Advocacy Corps in the Past 

• In 2014, the AC addressed 144 bills, deciding on which ones to support, oppose, or simply monitor. 
• Our volunteer lobbyists advocate on those bills where we have a relevant state or national position that has been developed after study and consensus at the national and/or state level.
• A summary of our state positions, developed after study and consensus, appears below. Positions developed by LWVUS can also be used as a basis for League action. 
• The AC is also responsible for organizing our annual League Day in Dover, held in late March each year.
• The Corps meets in Dover monthly during legislative sessions and most months in between. For more information contact Linda Barnett, Advocacy Chair.

Prior Advocacy Actions

LWVUS National Convention 2016 - Climate Change Activities 

LWVDE Position Papers

LWVUS Advocacy Focus