Bay to Bay News | by Joseph Edelen
Throughout the latest legislative session, a number of bills received support from lawmakers and their constituents, but ultimately failed despite their support.
Bills ranging from the establishment of an Inspector General’s office, to protecting renter’s rights were among those that did not pass during the 151st General Assembly. Of the legislation that was not successfully signed into effect, some bills were outright defeated, never received a hearing in committee, held for the next legislative session, and in one case, vetoed by Gov. John Carney.
Marijuana legalization
The effort to legalize and regulate marijuana in Delaware was led by Rep. Ed Osienski, D-Newark. Throughout the session, three versions of the legislation were introduced by Rep. Osienski, with all three attempts experiencing different fates.
The first, House Bill 150, stalled in the House of Representatives last June after numerous amendments were placed by Republican members of the chamber. Despite attempts at compromise, HB 150 was pulled from the House agenda just prior to receiving a vote on the chamber floor. The legislation would not receive a vote by either chamber of the General Assembly and prompted Rep. Osienski to draft another version of the bill.
On Jan. 12, Rep. Osienski introduced HB 305, which clarified the establishment of a Justice Reinvestment Fund, which distributed marijuana tax revenue to initiatives that help communities disproportionally impacted by the war on drugs.
After passing through House committees, the bill received consideration on the House floor, but was stymied by the requirement of a three-fifths majority vote to pass. Rep. Michael Smith, R-Pike Creek, introduced three amendments that were defeated, prompting his decision not to vote despite claims that he would support the bill.
Speaker of the House Pete Schwartzkopf, D-Rehoboth Beach, was the only Democrat to vote no, though two Democrats opted not to vote. The legislation failed to receive the required support and once again, the legalization and regulation of marijuana was defeated.
The final attempt during the 151st General Assembly came in two forms: HB 371, which addressed legalization, and HB 372, which addressed regulation. Both bills passed through committee, but after the legalization bill made it through each chamber, Gov. Carney decided to veto the bill, citing his belief that “promoting or expanding the use of recreational marijuana” is not in the state’s best interests.
A veto override failed in the House on June 7 as many lawmakers who initially supported the bill opted not to override the governor’s veto, including Rep. Andria Bennett, D-Dover, Rep. William Carson, D-Smyrna, and Rep. Sean Matthews, D-Brandywine, Rep. Mike Ramone, R-Newark, and Rep. Jeff Spiegelman, R-Clayton, who voted no, and House Majority Leader Valerie Longhurst, D-Bear, who opted not to vote.
Despite the failed attempts, Rep. Osienski is hopeful the upcoming midterm elections can provide more support in the General Assembly to bring forth legislation that “so many Delawareans want.”
“I was constantly being made aware that many Delawareans supported the initiative I was trying to achieve and the change I was trying to make, so I was grateful for all the support I received and the very minimal opposition,” Rep. Osienski said. “I am hopeful that someday we will get this done, either waiting until we have a new governor or depending on how elections turn out this midterm, there could be more support in the General Assembly. We’re gonna keep looking at options.”
Inspector General’s Office
In an effort to promote government transparency, Rep. John Kowalko, D-Newark, and Rep. Michael Smith, R-Pike Creek, introduced HB 405, which would establish an Inspector General’s Office to provide oversight to state agencies. Both legislators were previously working on their own versions of the legislation but decided to combine their efforts.
The legislation, which had bipartisan support, encountered difficulty in the House Administration Committee on June 15, as Rep. Schwartzkopf stated his concern on how the responsibilities of the inspector general would interfere with those of the attorney general and auditor of accounts. Both sponsors stated their intention to amend the bill to clarify each office’s responsibilities, leading to the bill’s release from committee.
Despite its passage, the bill was assigned to the House Appropriations committee and did not receive a hearing prior to the end of the legislative session.
Rep. Kowalko said he was disappointed with the fate of the bill, stating he addressed the concerns of the speaker promptly to ensure the bill would receive a hearing on the House floor. He said that after the conclusion of the House Administration Committee meeting, he personally called Attorney General Kathy Jennings to see if she had any objections, which she did not. Rep. Kowalko said a memorandum of understanding was drafted between key agencies and law enforcement agencies to prevent any “duplicative, redundant, or conflicting” efforts, which was further outlined in his amendment to the bill.
His frustration with Rep. Schwartzkopf went beyond the legislation itself, as Rep. Kowalko disagreed with the speaker’s interpretation of the appropriations brought by the bill which ultimately prevented its consideration from either chamber,
“I even wrote into the amendment that it is not effective until next year when the budget allows for funding it, which absolutely takes it out of the realm of the Appropriations Committee. I sent him formal requests to put that bill on the agenda and he didn’t even have the courtesy to answer,” Rep. Kowalko said.
“The Inspector General’s Office was very popular — it would have passed in a heartbeat by both chambers and signed by the governor, but the speaker has continued to abuse his authority.”
Eminent domain
During the final month of the legislative session, Rep. Nnamdi Chukwuocha, D-Wilmington, introduced a bill that would allow the city of Wilmington to seize vacant or abandoned property for community development efforts. He said the bill provides the city with a “tool for their toolbox” for community development and to prevent the decline or decay of a property or its surrounding area.
The bill, HB 458, was passed out of committee and scheduled for consideration from the House floor on June 21, which sparked backlash from community members and the Wilmington City Council who called on lawmakers to slow the legislative process. The bill was removed from the House agenda to allow for community feedback.
In the following days, city council members stated their desire to understand the legislation better, however, they were concerned with a lack of communication from Wilmington Mayor Mike Purzycki regarding the city’s plan to utilize eminent domain.
At a June 21 protest at the Carvel Government Building and a June 22 eminent domain information event at the Wilmington Police Athletic League Center, community leaders and Wilmington City Council members pointed to how eminent domain disproportionately effects low-income African American communities and questioned if HB 458 would be abused by the city of Wilmington.
Despite Rep. Chukwuocha’s attempts to alleviate the community’s concerns, Wilmington’s Democratic lawmakers decided to table the legislation until the next legislative session, opting for open community dialogue “regarding Wilmington’s plan to encourage the development of safe and affordable housing.”
A second bill regarding Wilmington’s plan for economic development, Senate Bill 330, never received consideration in the House Administration committee after being introduced by Sen. Darius Brown, D-Wilmington on June 15. The legislation would provide the Riverfront Development Corporation of Delaware with tax exemption for its properties in hopes to “better engage in its development efforts, including attracting other investors and tenants, and ultimately promote the common good of the citizens of this state.”
Despite never receiving consideration in the House, the bill passed through two Senate committees and eventually the Senate floor by a vote of 20 for and one absent.
Renters’ rights
Lawmakers attempt at leveling the playing field for renters during the eviction process came up short in the 151st General Assembly, though legislators fought for the bill until the early hours of July 1.
Under the proposal, SB 101, landlords would be required to provide renters a notice of the right to counsel during eviction proceedings and would be prohibited from filing for eviction unless the renter owes at least one month’s rent or $500 or greater. The legislation allows renters to remain in their home if they pay back all costs prior to eviction and creates an Eviction Diversion Program to help resolve issues related to renting costs.
On the final day of the legislative session, lawmakers fought to get the bill put on their respective chamber’s agenda, eventually being considered by the House for a final time just prior to 12:30 a.m.
After a motion to suspend House rules, the bill’s prime House sponsor Rep. Melissa Minor-Brown, D-New Castle, introduced an amendment to the bill that clarified numerous aspects of SB 101, though it failed to pass.
When the House moved for a full chamber vote on SB 101, the legislation was defeated by a vote of 23-16, with two not voting.