Committee Agenda Report: Week of April 11th
Prepared By Dustyn Thompson, David Rugg, Julie McIndoe
The House is still not meeting via Zoom, so you can watch the live streams, or dial in to testify. We would not recommend doing both since there is a significant delay and you may miss your chance to testify. Of course, for the House, you can also attend in person now!
The Senate is still doing committees virtually, so the registration links are provided.
Bills coming up the week of 4/12/22:
| Bill Number | Sponsor | Summary/Description | Committee | Date | Time | Registration Link |
|---|---|---|---|---|---|---|
| HB354 | Rep. Morrison | Amends Delaware’s Whistleblower Protection Act. | House Labor | 4/12/2022 | 11:00 AM | 1-888-272-8703 Password: LABOR Livestream Link |
| HB371 | Rep. Osienski | Removes all penalties for possession of 1 ounce or less of marijuana, except for those who are under 21 years of age. | House Health & Human Development | 4/13/2022 | 11:00 | 1-800-285-6670 Password: HEALTH Livestream Link |
| HB301 | Rep. Longhurst | Increases student awareness of mental health. | Senate Education | 4/13/2022 | 11:30 | Register |
| HS1 for HB293 | Rep. Baumbach | Requires that meetings of public bodies that are open to the public must provide an opportunity for public comment. | House Administration | 4/13/2022 | 12:00 | 1-888-272-8703 Password: ADMIN Livestream Link |
| HB372 | Rep. Osienski | Tax and regulate marijuana. | House Revenue & Finance | 4/13/2022 | 1:00 | 1-866-578-1005 Password: REVENUE Livestream Link |
| HB360 | Rep. Longhurst | Creates a “relief rebate” which is a one-time direct payment of $300 per Delaware resident taxpayer. | Senate Executive | 4/13/2022 | 3:00 | Register |
| SS1 for SB208 | Sen. Walsh | Employer liability if employee is not paid their final wage. | House Labor | 4/12/2022 | 11:00 | 1-888-272-8703 Password: LABOR Livestream Link |
| SB255 | Sen. Pinkney | Enable youth experiencing foster care to access psychiatric treatment | Senate Health & Social Services | 4/13/2022 | 10:00 | Register |
| SB256 | Sen. McBride | Updates the crime of official misconduct to ensure appropriate accountability of public servants | Senate Judiciary | 4/13/2022 | 1:00 | Register |
| HB244 | Rep. Lynn | Fines and fees reform being advocated for by the Campaign To End Debtors Prisons | House Appropriations | 4/13/2022 | 12:00 | 1-866-403-9129 Password: APPROPRIATIONS Livestream Link |
Top Priority Legislation This Week:
Whistleblower Protection
House Bill 354 updates Delaware’s Whistleblower Protection Act to preclude employers from reporting or threatening to report an employee’s citizenship or immigration status or a family member’s citizenship or immigration status to a federal, state, or local agency, in response to the employee engaging in protected activity under Delaware’s Whistleblower Act. This is similar to legislation passed in Rhode Island last year. All workers should feel protected to report, without fear of retaliation, employers’ misconduct such as wage theft, safety hazards, and fraud. We know from studies and personal testimony that some employers wield the threat of deportation as a weapon to abuse employees and break labor laws. There are employers who hire undocumented immigrants specifically because they can get away with abusing them. Delaware should join Rhode Island where similar legislation passed last year. This issue is even recognized at the federal level—the Biden administration is considering extending deportation protections to undocumented immigrants if they report an abusive employer.
Marijuana Penalty Removal
House Bill 371 removes all penalties for possession of 1 ounce or less of marijuana, except for those who are under 21 years of age. Possession of more than 1 ounce of marijuana and public consumption remain unclassified misdemeanors. The Act also removes language referencing search and seizure authority. This Act also adds a provision to the Uniform Controlled Substances Act that provides that there will be no criminal or civil penalty for transfers of 1 ounce or less of marijuana between persons who are 21 years of age or older without remuneration. House Bill 372 would put a regulatory framework in place for marijuana once it is legalized. Here is a nice summary of the marijuana bills by Blue Delaware.
Mental Health in Schools
House Bill 301 (with House Amendment 1) increases student awareness of mental health. According to the synopsis of HB 301, a 2017 survey of Delaware high school students found that during the 12 months before the survey the following occurred: (1) 27.6% of the students felt sad or hopeless almost every day for 2 weeks in a row so that they stopped some usual activities. (2) 16.1% of students seriously considered attempting suicide. (3) 12% of students made a plan about how they would attempt suicide. (4) 7.2% of students attempted suicide. These statistics are staggering, to say the least. That is why HB 301 seeks to increase mental health services in schools to really get at the heart of these horrific numbers. Bravo to all those working on this initiative!
$300 for all Delaware Residents
House Bill 360 has been all over the news lately. We heard through the grapevine that someone on the other side of the aisle first came up with the idea of sending money back to the people, but that the amount was closer to $100. Apparently, word traveled fast and legislators on both sides grabbed onto the idea and upped the ante to $300. Originally, the only way to get the $300 was to have filed a tax return in 2020. The idea being that more people filed in 2020 in order to access the tax credits that President Biden was pushing out in his first year of being President. However, even though the number of filers increased that year, it still certainly did not capture everyone. In fact, those who were low income and seniors were amongst those groups least likely to file, even in 2020, and most likely to actually need $300 right now. By the time the bill was actually filed, the legislation was expanded to include a provision directing Finance to work with other agencies to help identify those who did not file taxes in 2020 but would otherwise qualify for this rebate.
Public Comment Requirements
HS1 for HB293 Is a dynamite bill that Delaware United (before they joined WFP), the ACLU, and the Delaware Coalition for Open Government worked together with Representative Baumbach to make it as strong as possible. This bill not only guarantees that you'll be able to give public comment at all public meetings of public bodies, but that you're guaranteed an opportunity for meaningful engagement during that comment period. Initially, the language of the bill raised concerns that restrictions on the amount of time allotted to each commenter to speak and the types of comments that would be permitted would not allow for meaningful public feedback and engagement. These types of restrictions have caused problems in the past. The house attorneys working with representative Baumbach did a lot of research and due diligence on First Amendment cases to come up with the language currently in this bill to enshrine this right into law. This is a really important bill that was done in a very productive way and hopefully we will all be able to show up and support it.
Fines And Fees Reform (FINALLY!)
In Delaware, a simple misdemeanor charge, with a $100 punitive fine, frequently results in over $500 of total court-imposed fines and fees. Since 85% of criminal defendants in Delaware are indigent, this is an overwhelming financial burden. If a payment is missed, the fees and penalties continue to build, including loss of driver’s license. Without a license, many people struggle to find or keep a job, making it even harder to pay the mounting court costs. This system creates a vicious spiral of compounded poverty and often leads to subsequent arrests and jail time.
HB 244 would reform the fines & fees system by:
Prohibiting courts from imposing fines and fees on justice-involved children or their families.
Prohibiting suspending driver’s licenses for nonpayment of a fine, fee, cost, assessment, or restitution.
Prohibiting some of the other most punitive and expensive court fees, including capias fees, the public defender fee, probation fees, and fees for making payments by phone or online.
Not only can you testify for this bill, but if you haven't yet you can also tell your legislators to pass HB 244 now and stop making inability to pay a crime using this link.
