Sussex County Delaware Divine Nine Takes on Elections 2022 & 2024
Which Bills Passed in the 151 General Assembly
Source: Working Family Party
Use of Force - SB 147 & SB 148
● Summary: Codified that use of force must be reasonable, and expands Division of Civil Rights and Public Trust’s responsibility to review deadly use of force incidents by law enforcement by adding review of cases involving serious physical injury. This was part of a larger slate of police reforms and passed relatively easily.
● WFP Connection: Marie Pinkney sponsored both pieces of legislation, all WFP reps co-sponsored
● Why It’s Important: After the 2020 uprisings, many WFP candidates ran on true police reform and accountability. While this was not the full legislation we wanted, it’s the first major police reform we’ve seen in a long time.
● Dem Nos: Bennett, Bush, Lynn
Removing the Youth & Training Wage - HB 88
● Summary: In 2017, a subminimum wage was added last minute on June 30th allowing businesses to pay young workers and seasonal employees less than the minimum wage. This failed to be overturned for years until we finally got the pro-labor majority we needed thanks to a series of victories in 2020, and was passed easily in 2021.
● WFP Connection: 4/5 WFP reps signed on, part of the WFP $15 minimum wage issue campaign
● Why It’s Important: One of our beliefs is that all people should be fair for their work, regardless of their age or how long they’re working. Despite a Democratic majority, this stayed in place for four years until we had enough people to get rid of it thanks to primary and general victories.
● Dem Nos: Ennis
Excused Absences for Religious Holidays and Civic Engagements - HB 163 & HB 175
● Summary: HB 163 allows kids to take excused from religious holidays that aren’t usually included, and HB 175 allows kids to take excused absences to engage in civic activities like protests or visiting sites of political and cultural significance.
● WFP Connection: These were the first bills for Madinah Wilson-Anton and Eric Morrison respectively.
● Why It’s Important: These bills help kids from all backgrounds better express themselves and make change in their communities.
$15 Minimum Wage - SB 15
● Summary: This bill raises the minimum wage in Delaware to $15/hour by 2024. This was the largest minimum wage increase in Delaware history, and passed on a straight party-line vote after dying in committee in 2019.
● WFP Connection: Most WFP candidates ran on this as a part of their platform. Rep. Lambert previously served on the Living Wage Committee, and Rep. Morrison helped make sure this bill was as progressive as possible.
● Why It’s Important: This was WFP’s #1 priority in the past legislative session, and we helped run a grassroots lobbying effort that managed to flip every Democrat to support this bill, even when several said they were initially against it.
Paid Family and Medical Leave - SB 1
● Summary: Introduced a Paid Family and Medical Leave program that allows up to 12 weeks of parental leave and 6 weeks of caretaking and medical leave with some exceptions. This initially was a much more robust bill but had to be compromised to win over the governor and conservative Democrats.
● WFP Connection: All WFP reps co-sponsored, WFP helped run the issue campaign.
● Why It’s Important: This is another program that would not have been possible two years ago, but also shows how far we need to go. This bill would have been much more robust if we were able to get more progressives into the legislature that could have fought against the Chamber of Commerce.
Delaware EARNS - HB 205
● Summary: This is a state-facilitated retirement program that will allow people who work at businesses that don’t offer 401k’s (often lower-wage workers), to have a transferable retirement account.
● WFP Connection: Rep. Lambert sponsored this legislation
● Why It’s Important: This will help lower-wage workers and smaller businesses still have a path to retirement.
Same Day Voter Registration - HB 25
● Summary: After years of being stalled, this bill allowing non-voters to register for the first time on election day with proper documentation was passed in time for the 2022 elections.
● WFP Connection: Co-sponsored by most WFP reps, WFP is a member of the Voting Rights Coalition
● Why It’s Important: With the registration deadline so long before the election, this allows historically disenfranchised voters who get activated late to actually get their votes heard.
● Dem Nos: Bush
Vote By Mail - SB 320
● Summary: After the failure of a constitutional amendment, vote by mail is coming back to Delaware after being used during an emergency in the 2020 election. This creates a new vote by mail system that will be used in the 2022 elections rather than the absentee ballots which require a specific set of excuses.
● WFP Connection: Co-sponsored by all WFP reps, WFP is a member of the Voting Rights Coalition
● Why It’s Important: Vote by mail opens up voting to lots of people who might not be able to show in person on election day.
● Dem Nos: Brown, Bush (not voting)
Expanded Abortion Access - HB 455
● Summary: After the courts struck down Roe v Wade, it briefly seemed that Delaware would not make any progress on reproductive rights this year. Luckily, after a lackluster Heffernan bill earlier in the year, this bill allows a broader array of qualified professionals (physicians, physician assistants, certified nurse midwife or certified nurse practitioners) to carry out abortions and other reproductive health services.
● WFP Connection: Co-sponsored by almost all WFP reps, WFP helped lobby
● Why It’s Important: Though Delaware has been better than average on abortion and reproductive rights, this allows greater access for these services when a lot of the country is going to be going backwards. Paired with the new First State Abortion Fund, this will hopefully make safe abortions more accessible for everyone.
Whistleblower Protection - HB 354
● Summary: Prevents an employee’s citizenship or immigration status from being used to threaten them if they are a whistleblower.
● WFP Connection: Sponsored by Rep. Eric Morrison
● Why It’s Important: This increases protections for the most vulnerable workers that often need to come forward as whistleblowers.
Fines and Fees Reform - HB 244
● Summary: Reforms the court’s fines and fees system to reduce the burden on poorer people who often get stuck in a cycle of debt. This has been a multi-year effort, led by the Coalition to End Debtors’ Prison, and hopefully marks the first step of a complete overhaul.
● WFP Connection: Co-sponsored by all WFP reps
● Why It’s Important: This adds more equity to our courts system, which often overburdens the most vulnerable with burdensome fines and fees even if they are innocent. It also shows what a dedicated issue campaign can do to change public policy.
● Dem Nos: Ennis
What Failed
Legal Cannabis - HB 371
● Summary: After the failure to pass a comprehensive cannabis legalization bill, two new bills were introduced. This version just simply legalizes up to an ounce of marijauna. While it passed on simple majorities in both houses, it was vetoed by Governor Carney and then the veto failed to be overridden in the House.
● Dem Nos: Bennett, Bolden, Bush, Carson, Ennis, Longhurst, Matthews, Schwartzkopf
● Why It Failed: The governor exerts an undue level of influence in the General Assembly, and between him and House leadership, they were able to convince several Democrats to change their votes and fail to reach the ⅗ margin needed.
Regulation and Equity with Cannabis - HB 372
● Summary: This was the second part of the split cannabis bill, which regulates, taxes, and provides equity provisions to the previous cannabis legalization bill. While the previous one was a simple majority, this bill required a ⅗ vote, which it was not able to reach when it was brought to a vote.
● Dem Nos: Bush, Mitchell (Absent)
● Why It Failed: The governor intentionally held up HB371, giving no clarity if it would actually pass. This allowed Bill Bush to vote no, and Larry Michell was absent so was not able to give it the majority they needed. Before the vote was up, Osienski changed his vote to no in able to bring it back up but never got the votes he needed after the veto.
Green Amendment - HB 220
● Summary: The Green Amendment, sponsored by Rep. Madinah Wilson-Anton, would have created a constitutional right to clean air, clean water, and a healthy environment. This same right is found in Pennsylvania and Montana and would be used to hold the government accountable to maintaining these natural resources.
● Killed in Admin Committee: Pete Schwartzkopf, Larry Mitchell
● Why It Failed: While this bill did get a hearing in the Administration Committee, it did not get a fair one. Testimony was spread out over two days with the expert witness unable to make the second day, written public comments were not heard, and then the bill was unceremoniously tabled by Speaker Pete Schwartkopf, Whip Larry Mitchell, and the two Republican members.
Campaign Finance Reform - HB 366
● Summary: In 2013, there was an independent investigation of recent campaign finance violations known as the Veasey Report that made recommendations around how to better regulate campaign finance to prevent these problems in the future. This bill, introduced by Rep. Eric Morrison, would have (a) required the DOE to review every committee finance report, (b) created a public way for people to report campaign finance violations, (c) required people who violated campaign finance laws to reimburse the state treasurer, and (d) required donors to report their employer and job title.
● Killed in Admin Committee: Pete Schwartzkopf, Val Longhurst, Larry Mitchell
● Why It Failed: Much like the Green Amendment, this bill did receive a hearing in the Administration Committee. However, without asking any substantive questions, all members of the committee decided to vote to table it.
Climate Change Solutions Act - SB 305
● Summary: Pushed by environmental groups and initially supported by the Governor, this bill would have codified the greenhouse gas goals set forth in the Climate Action Plan and given the state regulatory power to reach those goals.
● Killed in Natural Resources Committee: Bill Carson, Bill Bush, Deb Heffernan
● Why It Failed: While the governor initially supported this bill, it faced unexpected resistance in the Senate even though it passed. Before the bill could be heard in the House, the governor called the sponsor, Deb Heffernan, and told her to pull it, which she did. Eventually, she was convinced by advocates to put it back on the agenda but did no work to lobby for it. When it came to a committee vote, Bill Bush and Bill Carson joined Republicans to not release it.
Tenants Right to Counsel - SB 101
● Summary: If passed, this bill would have provided a right to representation in eviction cases to renters under 200% of the federal poverty line. With 86% of landlords represented compared to just 2% for renters, this would have helped level the playing field and prevented many unjust evictions. After being watered down in the Senate, it was held up in the House until midnight on June 30th when it was voted down.
● Dem Nos: Bennett, Bolden, Bush, Carson, Chukwuocha, Cooke, Mantzavinos, Matthews, Osienski, Schwartzkopf
● Why It Failed: Both the cops and the landlord lobby helped hold this bill up in the House, led by Stephanie Bolden and Bill Carson. The House refused to bring it up for a vote until the very last vote of the very last day, and House leadership heavily lobbied for it to be killed, with most of the cop and landlord-aligned legislators voting against.
What Never Got Heard
Progressive Income Tax - HB 256
● Summary: This bill would have created two new tax brackets at $125k and $250k, slightly increasing income taxes above that amount and lowering taxes for everyone making under $60k.
● Never got a hearing in House Revenue & Finance: Stephanie Bolden
● Why It Stalled: Rep. Kowalko has introduced this bill for many sessions now but it never has gotten a real hearing. Despite Delaware having one of the lowest top tax brackets in the country, House leadership is wary to hear any bills that would increase taxes, even if it would only slightly affect the wealthiest residents of the state.
Increasing the Tipped Minimum Wage - HB 94
● Summary: While we were able to get rid of the youth and training wage, the disability minimum wage, and raise the minimum wage to $15/hr, we were not able to raise the subminimum wage for tipped workers. This bill would not have eliminated it, but rather raised it to ⅔ of the minimum wage, where it was until it froze in 1983 at $2.23/hr.
● Never got a hearing in House Econ Development: Bill Bush
● Why It Stalled: While the other minimum wage bills were able to get through, the Delaware Restaurant Association lobbied particularly heavily against this bill, as they have the largest number of tipped workers in Delaware. The committee chair, Bill Bush, is especially close with them and never brought it up for a hearing.
Reforming LEOBOR - SB 149
● Summary: Delaware’s Law Enforcement Officers’ Bill of Rights (LEOBOR) allows police disciplinary records to be kept almost entirely secret from the public. This bill initially would have opened all records up to the public and created community review boards with broad oversight power. In 2022 it was changed to limit records released to serious and substantiated complaints (as determined by the police), and created just one statewide board run by the DOJ with extremely limited powers.
● Never made it the floor
● Why It Stalled: The police lobbied heavily against this bill, and pushed until they watered it down as much as possible, although they still didn’t support the compromised version. While not gaining any police support, the bill also lost most of its advocate support after the substitute was introduced as it would have not provided any serious accountability or oversight. It never reached the 11 votes needed in the Senate.
Paid Time Off to Vote - HB 288
● Summary: This is a very simple bill, sponsored by Rep. Eric Morrison, that would have allowed employees to take time off to vote on Election Day. Strung along for months, this bill was watered down to appease leadership, but they never put it on a committee agenda.
● Stuck in Admin Committee: Pete Schwartzkopf, Val Longhurst, Larry Mitchell
● Why It Stalled: Like many bills that would have helped workers, this was incorrectly placed in the Administration Committee, which is made up of just members of leadership, and was never brought to a vote.
Community Workforce Agreements - HB 435
● Summary: Introduced by Rep. Larry Lambert, the Community Workforce Agreement Act would require that all state projects costing over $3 million would require a CWA that would regulate local and minority hire, labor peace, and ensure skilled union labor. Used in other localities, this would have expanded opportunities for historically marginalized communities and expanded union labor.
● Held up in Appropriations Committee: Bill Carson
● Why It Stalled: Though it had strong backing from the unions and made it through the Labor Committee, the Governor’s office strongly opposed this bill and helped put on an unreasonably large fiscal note that required it to be put in the Appropriations Committee. Bill Carson, a close ally of leadership, never had a hearing or considered walking the bill so it was never able to come to a vote.
Inspector General - HB 405
● Summary: In light of the Auditor’s conviction on charges of conflict of interest, structuring, and official misconduct, the need for an independent body with a wider scope of practice became more obvious. This bipartisan bill would create an inspector general who would investigate the management and operation of state agencies to determine if there has been waste, fraud, abuse, mismanagement, corruption, or other conduct that is harmful to the public interest.
● Held up in Appropriations Committee: Bill Carson
● Why It Stalled: This bill actually made it out of the Administration Committee as a favor to Rep. Kowalko as it was his last year. However, as it would create a new office with new staff it had a fiscal note of over a million per year and was placed in the Appropriations Committee. Bill Carson, the chair, has close ties with leadership and never brought the bill to a vote.
Paid Sick and Safety Leave - HB 409
● Summary: This bill would have allowed for 1 hour of earned sick time and safety leave for every 30 hours worked, with a maximum of 80 hours over two years.
● Held up in Econ Development Committee: Bill Bush
● Why It Stalled: Similarly to the $15 minimum wage and the tipped minimum wage, House leadership doesn’t like to pass too many pro-worker bills in one year. This bill was delayed until the very last Economic Development Committee meeting, where not enough people were present to vote it out of committee.
Bill of Rights for People Experiencing Homelessnes - HB 235
● Summary: This bill would have strengthened and provided more protections for existing rights by those experiencing homelessness. These rights include the ability to use public spaces, to vote, to not face discrimination in searching for a job or shelter, and to occupy a motor vehicle on public property.
● Never made it the floor
● Why It Stalled: The bill was initially heard in the Housing Committee and failed to be released, with Larry Mitchell and Frank Cooke, two former police officers, joining Republicans to vote no. On June 30th, it was walked out of committee but never heard on the floor.
Banning Housing Income Discrimination - SB 90
● Summary: While there are a decent number of housing discrimination protections, people who use subsidized housing programs like Section 8 are often discriminated against when searching for rental properties. This bill, sponsored by Sen. Tizzy Lockman and Rep. Rae Moore, would have banned housing discrimination based on source of income.
● Never made it to the floor
Why It Stalled: After being stalled in the Senate for a while, due to lots of pushback from Delaware’s landlord lobby and the Delaware Association of Realtors, this bill easily passed on a party-line vote. It was placed on several House Housing Committee