Legislative Report: Week of 1/23/23
As we enter our last week of legislative session before the Joint Finance Committee break in February, here is an overview of what happened last week and what we can expect this upcoming week.
Recap of Last Week
We saw some major bills get stalled or pass committee this week. Here are some of the bills we were especially paying attention to and what happened to them.
HB 37 (Allows tenants to pay rent into court escrow if a landlord fails to fix defective or dangerous housing conditions)
Notes: This is an important housing justice and tenants rights bill that would provide a needed option for tenants who are dealing with landlords who fail to fix dangerous conditions. The Adams Street situation prompted this legislation, and many more renters are facing dangerous housing conditions as well.
Result: Technically, no action was taken on the bill because a majority of committee members must vote to either table the bill in committee or release it from committee. There are 12 members on the House Housing Committee (7 Dems, 5 Republicans), so 7 members need to vote to release or table a bill.
Motion to Table the Bill: Failed (Yes: 6 (Selby, Hensley, Hilovsky, Short, Shupe, Spiegelman) No: 4 (Johnson, Lambert, Harris, Wilson-Anton) Absent: 2 (Moore, Carson)
Motion to Release the Bill: Failed (Yes: 4 (Johnson, Lambert, Harris, Wilson-Anton) No: 5 (Selby, Hilovsky, Short, Shupe, Spiegelman) Not Voting: 1 (Hensley) Absent: 2 (Moore, Carson)
What happens next: the bill can either be brought back for another committee hearing or walked (a majority of committee members sign it out of committee without having a hearing).
HB 39 ($20 million grant for police)
Notes: This would give a large amount of money to police departments with very little oversight. This money could be better spent on things that make our communities safer like mental health supports, community programs, and wraparound services. We also need to address police reform and increase transparency and accountability before giving more money to police departments.
Result: Released from committee.
What happens next: because of the fiscal note, this bill has to go through the House Appropriations Committee to authorize funds in the budget.
HB 50 (new crimes & penalties for stealing packages from porches)
Notes: theft is already a crime and this could lead to charge stacking, harassment, and profiling, this is counter to criminal justice reform efforts.
Result: Released from committee.
What happens next: House floor vote.
HB 42 (Removes the up to 10% increase in school property taxes allowed after reassessment)
Notes: This would essentially negate the ACLU education funding lawsuit that forced reassessments to get more equitable funding for schools. The ACLU's lawsuit against the state in 2018 identified that the failure to assess properties at current value, resulting in the loss of tax revenue, caused public schools' failure to provide adequate education to students from low-income households, students with disabilities, and English language learners. As a result of the settlement of that lawsuit, the counties are currently going through a reassessment of property values. If HB 42 passes, school districts cannot use the new property values to increase tax revenue, effectively canceling the effect of the reassessment on school districts.
Result: Tabled in committee by sponsor.
What happens next: Can be brought back up, but hopefully won’t be.
SB 29 (adds retirees and public employees’ unions to those deliberating possible Medicare changes to retirees’ plans)
Notes: while it's good that the legislature is trying to do something to address this issue, RISE Delaware is asking for more and came out in opposition, saying "We don’t want cosmetic changes in committees, we want the Medical Supplemental plan put back in state code."
Result: Released from committee. Added a Senate amendment that adds to the duties of the Retiree Healthcare Benefits Advisory Subcommittee, by requiring the Subcommittee to evaluate options that would allow state retirees to maintain their current coverage, similar to residents in other states that offer a choice to buy into a Medicare Supplement plan.
What happens next: Senate passed, scheduled for House Admin Committee hearing on Tuesday, January 24th.
Committees this Week
For the sake of length and clarity, we will only be sharing notable bills in these reports. Click on the committee name under the Committee Meeting Info column for a link to the meeting agenda, in-person or virtual public comment info, and livestream link.
You can also check here for the full list of committee meetings and click “view” next to each meeting for the full agenda and additional information.
| Bill # | Sponsor | Summary/Description | Committee Meeting Info | Date | Time |
|---|---|---|---|---|---|
| SB 29 | Townsend | Adds retirees and public employees’ unions to those deliberating possible Medicare changes to retirees’ plans and establishes the Retiree Healthcare Benefits Advisory Subcommittee to hold public meetings and issue recommendations by May 1, 2023. This is in response to outcry about changes to retirees' plans; and while these additions are good, it’s important to note that the committee composition overall is controlled by interests that could be biased towards privatization. RISE Delaware is asking for more and came out in opposition, saying "We don’t want cosmetic changes in committees, we want the Medical Supplemental plan put back in state code." |
House Administration Committee | Tuesday, 1/24/23 | 11am |
| HB 36 | Bush | Lowers the realty transfer tax by 1% (from 4.5% to 3.5%), the realty transfer tax was raised by 1% in 2017 because of ongoing budget holes. This tax is split evenly between property buyer and seller. This would create a revenue loss of about $115 million/year (2-3% of Delaware's operating budget), likely leading to cutting services to those most in need. This mostly benefits developers, wealthy property owners, and those who can afford to buy properties with cash and without a mortgage. |
House Revenue & Finance Committee | Tuesday, 1/24/23 | 12pm |
| HB 2 | Osienski | Regulates and taxes recreational cannabis | House Revenue & Finance Committee | Tuesday, 1/24/23 | 12pm |
| HB 1 | Osienski | Legalizes recreational cannabis for people 21 and older | House Health Committee | Wednesday, 1/25/23 | 11am |