DAP 2023-24

The 2023-24 Delaware Accountability Project, a voting summary for the Delaware General Assembly, is now a page of its own, allowing easy reference to selected votes our legislators have taken in the 2023-24 session.

Introduction

I began this summary on my monoblogue website as the monoblogue Accountability Project in 2008 to grade all 188 members of the Maryland General Assembly on whether they voted in what the author considered a conservative manner or not. Later in 2017 I decided to add a Delaware edition which would grade the First State's 62 legislators in a similar manner to how I rated the MGA because I was working in the state at the time. After the 2018 session I retired the original Maryland edition, but since my wife and I have subsequently invested in Delaware through the purchase of our house I’ve made this Delaware edition a semi-annual guide, with the name change to make it more appropriate.

Because the number of votes that interested me was so large this session, I’ve expanded my previous list of floor votes on 25 bills to 50. Aside from that, and like my previous Delaware editions, I will grade the votes on bills of interest that had both House and Senate votes. While I considered switching to numerical order of districts this time around, I decided to keep my previous system where legislators are listed in alphabetical order; it makes it easier to compile votes because the tally sheets are (roughly) alphabetical in Delaware.

The method to my madness

The next portion of the Delaware Accountability Project explains why votes are tabulated as they are.

This portion will cover the bills I used for this session’s Delaware Accountability Project and the rationale for my determining whether a vote is “right” or “wrong.” 50 floor votes are tallied, and there is a perfect possible score of 100 for getting all 50 votes correct: a correct vote is worth two points and an incorrect vote is worth none.

I also have a policy where I deduct points for being absent or ducking a vote. Since absences can’t always be helped, the absentee is only docked one-half point for each. Those who are present and don’t vote, however, have one point deducted. I also give half-credit for changing votes the “right” way but deduct at 1.5 times the score (3 points) for changing the wrong way. Delaware is a little different in this regard because bills can be resurrected even after being voted down under certain circumstances. I also had measures which returned to their original chamber after amendment in the opposite and a few votes changed between the two ballots.

I consider myself a conservative with libertarian leanings so it’s no surprise that Republicans in the General Assembly score higher than Democrats – at least on an average basis.

In this upcoming portion I will go through each of the votes I used. I also follow up on the current status of each measure, whether it made it through the General Assembly and if it was signed or vetoed by Governor Carney by press time. Because bills in Delaware do not get fancy names I will follow the bill number with a brief synopsis. I will add in the key sponsors as well as the number of additional and co-sponsors, listed by party.

Now that you know the ins and outs, let's get started. I'm doing this list with House bills first and Senate bills last. Bill signing and election opposition information (on the vote tally charts) is current as of November 7, 2024.

Floor votes used for the Delaware Accountability Project

HB1: Removes all penalties for use or possession of a personal use quantity of marijuana and marijuana accessories. (Representative Osienski/29 additional and co-sponsors, all D)

Why I’d vote no: The longer we’ve talked about marijuana and the more we’ve introduced it into the culture as a “legal” product, the worse I like it. Most of the reason is that marijuana now is many times more potent than the Cheech and Chong era would have you believe. Based on experience elsewhere, it’s led to several issues which give me pause aside from medical usage. The next bill (related) shows the real reason this passed.

Disposition: HB1 passed the House 28-13 and the Senate 16-4. Governor Carney allowed this to become law without his signature on April 23, 2023.

HB2: The Delaware Marijuana Control Act regulates and taxes marijuana for recreational use in much the same manner as alcohol. (Representative Osienski/30 additional and co-sponsors, all D)

Why I’d vote no: This is the same hypocrisy that leads government to tell you to stop smoking cigarettes and/or drink alcohol with a portion of the millions in tax proceeds they receive while selling it.

Disposition: HB2 as amended, needing a 3/5 majority, barely got it in the House 27-13. It had an easier time in the Senate, 15-5. Like HB1, Governor Carney let the bill become law without his signature on April 27, 2023.

HB3: Allows kids to take up to two mental health days per year, referring them to behavioral health specialist thereafter. (Representative Longhurst/19 additional and co-sponsors, 16 D, 3 R)

Why I’d vote no: These should not be excused absences and it should be up to the parent when to see a behavioral health specialist, although the school can make that recommendation.

Disposition: As amended, HB3 passed the House 34-3 and the Senate 15-6. This one was signed by Governor Carney August 16, 2023.

HB9: Requires that all passenger vehicles and light duty vehicles owned and operated by the State be zero emission vehicles by 2040. (Representative Griffith/8 additional and co-sponsors, 7 D, 1 R)

Why I’d vote no: While it’s not the worst thing in the world to have zero-emission vehicles, this shouldn’t be made into a mandate like this. There are several carveouts in the bill for law enforcement and take-home vehicles, for example. If a ZEV meets the requirements at cost, that’s fine, but let’s not make this a budget-buster.

Disposition: HB9 passed the House 23-14 and the Senate passed it 16-5. Of course, Governor Carney signed this September 5, 2023.

HB10: Establishes targets for annual purchase of electric school buses through fiscal year 2030. (Representative Heffernan/11 additional and co-sponsors, all D)

Why I’d vote no: It’s one thing to have ZEVs but in practice electric school buses have been twice as expensive as diesel buses, and include reliability and maintenance headaches.

Disposition: This bill passed the House 25-15 and passed in the Senate 15-5. Governor Carney signed HB10 August 3, 2023.

HB11: Requires new commercial buildings with a foundation footprint of 50,000 square feet or greater to meet certain requirements to ensure that their roof is able to support solar energy infrastructure. (Representative Heffernan/13 additional and co-sponsors, all D)

Why I'd vote no: This should be up to the individual building owner. If the IBC ever gets this bright idea, I would encourage the states to not adopt it.

Disposition: As amended, HB11 carried the House by a 24-14 count and passed in the Senate 16-4. Governor Carney signed this the same day as HB10 above.

HB12: This Act creates an Electric Vehicle Rebate Program to incentivize the purchase and lease of new and used electric vehicles by Delaware residents. (Representative Phillips/13 additional and co-sponsors, all D)

Why I'd vote no: Let the market decide. You wouldn’t have much in the way of electric car sales if not for the mandates, incentives, and carveouts. It addresses an overarching issue that doesn’t exist and couldn’t be changed by government if they could.

Disposition: HB12, as amended, was passed in the House 26-14 and the Senate 16-4. Along with the previous two bills, it was signed by Governor Carney August 3, 2023.

HB13: Provides financial assistance to Delaware residents for the cost of purchase and installation of electric vehicle supply equipment. (Representative Phillips/16 additional and co-sponsors, all D)

Why I’d vote no: This is an incentive that seems ripe for abuse. And will we get the subsidy for repairing these next session?

Disposition: This bill was substituted twice and didn’t make it to the floor until the second half of the session, but finally HB13 was passed in the House 21-13 and the Senate 15-6. Eventually it was signed into law by Governor Carney September 5, 2024.

HB65: This bill provides State employees who suffer a miscarriage, stillbirth or other loss, a maximum of 5 days of paid bereavement leave. This Act shall be known as the "Sloane Hajek Act of 2023". (Representative Heffernan/20 additional and co-sponsors, 19 D, 1 R)

Why I'd vote no: A good boss would give the time without the state forcing him to. It’s state employees for now, but next session I’m sure they’ll be making it mandatory for everyone.

Disposition: HB65 was passed by the House 26-9 and the Senate 20-1 (my Senator, Bryant Richardson, standing alone in proper opposition.) Governor Carney wasted little time making this one it official on June 30, 2023.

HB70: This Act eliminates the death penalty in Delaware. (Representative Dorsey Walker/16 additional and co-sponsors, all D)

Why I'd vote no: Because the death penalty should remain on the books for both the idea of deterrence and eliminating recidivism, with limited applications.

Disposition: HB70 passed the House 33-8 and the Senate 14-7, with Governor Carney signing this September 26, 2024. Now we’ll just have to give murderers three hots and a cot for the next 40 years or more.

HB94: Allows scameras (speed cameras) in Delaware. (Representative Osienski/20 additional and co-sponsors, 15 D, 5 R)

Why I'd vote no: Never mind the violation of Sixth Amendment rights by not being able to face your accuser, this is a money grab pure and simple. (And yes I get it’s a civil violation, but only because they think it’s a workaround for the obvious Constitutional violation.) Normally I don’t deal with bills that are restricted to one county, but in this case I do because of the precedent it sets. This substitute bill is supposed to sunset in 2028, but that won’t happen.

Disposition: Sadly, HB94 sailed through the House by a 37-2 vote and breezed through the Senate 14-6. It was signed by Governor Carney on June 30, 2023.

HB99: The Delaware Climate Change Solutions Act of 2023. (Representative Heffernan/32 additional and co-sponsors, all D)

Why I'd vote no: We can’t come up with a solution to something that’s not a problem. Just once, I’d love for someone to tell me what our “normal” climate is.

Disposition: As amended, this passed the House 27-13, and initially passed the Senate 14-5. However, that vote was reconsidered, rescinded, and recast 26 minutes later as a 15-5 vote. Regardless, Governor Carney signed this on August 3, 2023.

HB110: Requires all health benefit plans delivered or issued for Medicaid to cover services related to abortion. (Representative Minor-Brown/15 additional and co-sponsors, all D)

Why I'd vote no: Instead of abortion I almost wrote “baby murder.” Maybe I should have. Not only does the state goes farther from “safe, legal, or rare” but people like me are forced to pay for it.

Disposition: This bill was substituted twice, but that didn’t matter to the majorities in the House (26-11) and Senate (15-6), but this denial of rights to our most vulnerable population was signed by Governor Carney on September 9, 2024. For shame.

HB140: Provided for assisted suicide in Delaware. (Representative Baumbach/16 additional and co-sponsors, all D)

Why I'd vote no: It’s the opening salvo to that slippery slope where the grandkids try to off Grandma for their inheritance. “You know you’re going to get sick and be a burden, so why not relieve your pain now.”

Disposition: The House only passed this 21-16 and the initial Senate vote was 9-9, a failure. But five days later, a revote got it to pass 11-10. On September 20, 2024, however, the bill was properly vetoed by Governor Carney.

HB155: This bill makes the unsafe storage of a firearm in a vehicle a class A misdemeanor. (Representative Griffith/9 additional and co-sponsors, all D)

Why I'd vote no: Because criminals don’t worry about unsafe storage and self-defense may warrant it.

Disposition: This bill bounced between the House and Senate like a ping-pong ball as both chambers amended it, each chamber voting twice. While the House went from a 24-13 vote in 2023 to a 25-16 vote in 2024, the Senate stuck with a 15-6 vote both times. Regardless, Governor Carney signed this August 15, 2024.

HB162: Authorizes the process of natural organic reduction to be used in this State. (Representative Lynn/14 additional and co-sponsors, all D)

Why I'd vote no: No reason besides it just sounds gross and icky. It seems like we have sufficient means for this process already.

Disposition: This passed the House on a 37-2 vote and the Senate on an 14-7 vote. It was signed by Governor Carney May 16, 2024.

HB168: Creates a short-term rental lodging tax at the rate of 4.5% of the rent upon every occupancy of a short-term rental within the State. (Representative Williams/1 additional sponsor, D)

Why I'd vote no: If I’m reading this correctly, it’s an AirBnB tax because we just can’t have private enterprise. So that’s a no. They tried twice to get this right, but the idea was just bad.

Disposition: Unfortunately, this passed the House on a 32-8 count and the Senate on an 16-5 vote. Governor Carney signed this on September 30, 2024.

HB177: Increases the amount of Compassionate Leave for eligible employees of the State upon the death of an immediate family member. (Representative Heffernan/10 additional and co-sponsors, all D)

Why I'd vote no: It seems to me a week of paid leave is excessive in most cases.

Disposition: This bill made it through the House on a 26-12 vote and the Senate by 20-1, with only Senator Hocker objecting. From House vote to signing this only took three days, with Governor Carney June 30, 2023.

HB195: The Fiscal Year 2024 Appropriations Act. (Representative Carson/11 additional and co-sponsors, 7 D, 4 R)

Why I'd vote no: Another excessive spending package that runs afoul of both TABOR and good sense.

Disposition: Passed by the House 32-8 and the Senate 17-3. Finished with three days to spare, it was signed by Governor Carney just in the nick of time on June 30, 2023.

HB196: Supplemental appropriations of $194.5 million. (Representative Carson/11 additional and co-sponsors, 7 D, 4 R)

Why I'd vote no: More money we could have given back to taxpayers.

Disposition: The House passed this bill 33-7 and the Senate followed suit 19-1, with Senator Hocker the only no vote. (This required a 3/4 vote.) Also finished with three days to spare, it was signed by Governor Carney just in the nick of time on June 30, 2023.

HB201: This bill makes it a crime for a person to possess a firearm in a Safe School and Recreation Zone except a police officer or a constable or active-duty member of the armed forces who are acting in an official capacity within for the Safe School and Recreation Zone. (Representative Schwartzkopf/15 additional and co-sponsors, all D)

Why I'd vote no: More laws for the law-abiding that criminals will laugh at as they go to shoot up a school.

Disposition: The House passed this the first time 35-4. An amended version passed the Senate 15-6, meaning it had to go back to the House and pass 37-4 hours before session ended. Governor Carney signed it August 18, 2023.

HB202: This Act limits those individuals who may possess a firearm at a polling place on an Election Day. (Representative Romer/15 additional and co-sponsors, all D)

Why I'd vote no: Yeah, it’s those nasty Republicans will be shooting up the polling places otherwise. Riiiiiiiiight.

Disposition: The House moved the legislation along 36-4 and the Senate followed 15-5. As part of the package with the bill above, Governor Carney signed this August 18, 2023.

HB208: This Act prohibits motor vehicle lessors from including licensing, title, registration, and plate fees as a separately stated mandatory charge in a rental agreement. (Representative Lambert/5 additional and co-sponsors, all D)

Why I'd vote no: This just means the base price will go up accordingly. Dumb.

Disposition: This bill initially passed the House with a 25-14 vote, and went on to the Senate where it passed 16-4. Governor Carney waited until September 21, 2023 to sign this bill.

HB209: This Act prohibits rental companies, shared vehicle owners, and peer-to-peer car sharing programs from recovering damages and charging administrative fees relating to the loss of use of a rental vehicle or shared vehicle. (Representative Lambert/4 additional and co-sponsors, all D)

Why I'd vote no: See the description for HB208. What I would love to know is the circumstance which led this bill to be introduced.

Disposition: This one first passed the House 27-11, then languished for a summer before passing the Senate in an amended version 12-8. The second time through the House it barely passed 22-14. (This was the one bill both House District 37 representatives voted on.) It was signed by Governor Carney on August 12, 2024.

HB270: This Act creates a civil penalty for any sale or display of ammunition that allows the ammunition to be accessible to a purchaser or transferee without the assistance of the vendor or an employee of the vendor. (Representative Williams/13 additional and co-sponsors, 12 D, 1 R)

Why I'd vote no: It’s extra paperwork and hassle for a business that already has to worry about theft such as this. The amendment process watered it down somewhat but the best compromise was not passing it in the first place.

Disposition: This substitute measure passed the House 27-9 and the Senate 15-6. Making Delaware just that much less business-friendly, the bill was signed by Governor Carney August 15, 2024.

HB275: This Act updates the definition of "sexual orientation" throughout the Delaware Code by adding asexuality and pansexuality. (Representative Morrison/18 additional and co-sponsors, all D)

Why I'd vote no: Leave it to the drag queen to introduce this. It’s just more groups with grievances making bad law worse.

Disposition: The House passed this 21-15 and the Senate 14-7. It was signed by Governor Carney just recently, November 2, 2024.

HB285: This Act amends the Delaware Medical Marijuana Act by removing the requirement that a patient have a debilitating medical condition to qualify for a registry identification card, instead allowing health-care providers to make the determination of whether a patient has a diagnosed medical condition for which the patient would receive therapeutic or palliative benefit from the use of medical marijuana. (Representative Osienski/17 additional and co-sponsors, all D)

Why I'd vote no: Basically we’re opening this card to anyone who can get a doctor to say they need weed.

Disposition: HB285 passed the House by a 26-10 count and the Senate 16-5. It was signed by Governor Carney May 28, 2024, the Friday before Memorial Day when no one was paying attention.

HB299: This Act is the Delaware Libraries for All Act. It explicitly adds “public libraries” to the definition of “place of public accommodation” for purposes of Delaware’s Equal Accommodations Law. (Representative Romer/9 additional and co-sponsors, all D)

Why I'd vote no: Unless I’m missing something libraries are already covered by the federal ADA law.

Disposition: The House passed this by an 30-5 margin, with the Senate following suit 15-6. This feelgood legislation was signed by Governor Carney August 29, 2024.

HB311: This Act adds post-secondary colleges and universities to the Safe School Zone criminal offense. (Representative Romer/6 additional and co-sponsors, all D)

Why I'd vote no: It’s just more space for criminals to ignore, because they will. I’d love to know how many have been successfully prosecuted for violating the original Safe School Zone offense.

Disposition: HB311 passed the House 24-16 then went to the Senate and an amended version passed 15-6. Back to the House it went to pass 27-14. Governor Carney signed this August 15, 2024.

HB350: This Act creates the Diamond State Hospital Cost Review Board, which will be responsible for an annual review of hospital budgets and related financial information. (Representative Longhurst/2 additional and co-sponsors, both D)

Why I'd vote no: This bill (the third bite at the apple; it’s been substituted twice) is based on a Vermont bill that was supposed to be a money-saver but has basically run the hospitals in that state into the ground. There are a lot of ways to save money, but most of them involve getting the government out of the way, not deeper into the business.

Disposition: HB350 passed the House 21-16 before passing the Senate in an amended version 14-7. It gained three more House votes the second time, winning 24-16. This was signed by Governor Carney on June 13, 2024 and weeks later dragged into court.

HB374: Changes in law regarding IVF treatment, giving them the same legal protection as abortion providers. (Representative Johnson/18 additional and co-sponsors, all D)

Why I'd vote no: I have problems with making Delaware an IVF sanctuary state when other states have made changes to outlaw the procedure.

Disposition: HB374 cleared the House by a 29-11 count and passed the Senate 20-1, with Senator Richardson standing by himself against it on principle. Governor Carney's signature came on September 24, 2024.

HB439: This Act would add "housing status" as a protected characteristic in housing transactions.  (Representative Phillips/9 additional and co-sponsors, all D)

Why I'd vote no: While I get that the homeless need some sort of legal protection, I don’t want to see this become a liability issue for landlords who already have a hard enough time.

Disposition: HB439 passed the House 25-8 and Senate 15-6; of course Governor Carney signed it on September 26, 2024.

HCR56: Acknowledged June 2023 as Pride Month in Delaware. (Representative Morrison/23 additional and co-sponsors, all D)

Why I'd vote no: Leave this one to the drag queen. If June should be anything it should be Fidelity Month. I dare someone to introduce that in 2025.

Disposition: This passed the House 34-6 and the Senate 16-4, meaning 10 of our representatives should be commended. As a continuing resolution, it need not have the governor’s signature.

That’s it for the House. Let’s see what the Senate had for its annual insanity.

SB2: Creates an application process to obtain a handgun qualified purchaser permit to authorize the purchase of a handgun. (Senator Lockman/20 additional and co-sponsors, all D)

Why I'd vote no: “Shall not be infringed.” The Second Amendment is my permit.

Disposition: After being substituted and 26 attempts to amend, SB2 passed through the Senate on a 15-6 vote and as amended passed in the House 23-16. It made it back through the Senate on an identical 15-6 tally and was signed by Governor Carney May 16, 2024. The lawsuit followed days later.

SB3: This Act is the first leg of a constitutional amendment to eliminate the limitations on when an individual may vote absentee. (Senator Brown/23 additional and co-sponsors, all D)

Why I'd vote no: This was the workaround when mail-in voting via legislation (which violated the Delaware Constitution) was slapped down in the state’s Supreme Court. Absentee voting (with restrictions) is fine, but mail-in voting is too susceptible to fraud.

Disposition: Requiring a 2/3 majority, SB3 passed the Senate 15-5 but failed in the House 25-10 - it needed 27 votes and six (all Republicans) were not voting that day.

SB35: This Act amends the Fiscal Year 2023 Bond and Capital Improvements Act. (Senator Walsh/11 additional and co-sponsors, 7 D, 4 R)

Why I'd vote no: Out of 17 provisions, I would probably agree with about half. But there are items that don’t belong here. And it’s interesting that they waited until after the 2022 election with a new legislature to make these changes midstream in the fiscal year.

Disposition: The Senate passed this by a 15-6 vote while the House passed it 25-15. Governor Carney signed it before the ink was dry on January 26, 2023.

SB51: This Act prohibits food establishments from providing consumers with ready-to-eat food or beverages in polystyrene foam containers or with single-service plastic coffee stirrers, cocktail picks, or sandwich picks. (Senator Paradee/27 additional and co-sponsors, 26 D, 1 R)

Why I'd vote no: It was simply feelgood legislation that won’t do much for the climate or litter problem. Just another hassle for an industry where it’s already difficult to succeed.

Disposition: The Senate passed this by a 14-5 vote while the House amended and passed it 29-11. In round 2, the Senate made it a 15-5 vote. Governor Carney signed the bill August 22, 2023.

SB57: This Act adopts the Uniform Faithful Presidential Electors Act, which was approved by the Uniform Law Commission.  (Senator Gay/10 additional and co-sponsors, all D)

Why I'd vote no: Number one, an elector has the right to be faithless. Secondly, wouldn’t this invalidate the NPV legislation the state passed a few years ago? In theory, Delaware should be casting its electoral votes for Donald Trump this time around. Passed when no one ever thought a Republican would win the popular vote again.

Disposition: This still passed the Senate 16-3 and House 31-8. Governor Carney signed this June 9, 2023.

SB72: Creates a tax credit for resident individuals equal to the annual cost, not to exceed $500, to the individual to maintain membership in a labor organization. (Senator Poore/17 additional and co-sponsors, all D)

Why I'd vote no: What the Trump tax cuts taketh away, the state wants to give back - but only to union employees. While it’s only a $300,000 annual cost to the state, you’d never get this result for something else that’s important, like my biennial architect’s license renewal.

Disposition: This easily cleared the Senate 17-3, while the House margin was a little bit closer at 26-12. Governor Carney signed this on August 31, 2023.

SB102: This Act closes a loophole in the prevailing wage statute that was being used to pay workers below the prevailing wage by performing work offsite instead of onsite. (Senator Townsend/4 additional sponsors, all D)

Why I'd vote no: Prevailing wage isn’t prevailing, it’s a gift to union labor.

Disposition: As a substitute bill, the Senate did its part in passing it by a 15-4 vote, while the House got it by 29-12. Governor Carney signed this July 26, 2023.

SB103: Requires installation of electric car charging infrastructure for single-family and multifamily dwellings. (Senator McBride/11 additional and co-sponsors, all D)

Why I'd vote no: The last time this same bill number was used to get electric car chargers’ foot in the door by making it only in cities with a population over 30,000. This bill takes it statewide as another mandate homeowners who may never use or desire an EV will still have to pay for.

Disposition: Like last time, this was a substitute bill, with the original never coming up for a vote. The Senate first passed this bill by a 15-5 vote and it went to the House, where it passed 23-17 - no 2/3 majority was needed this session. Governor Carney signed this August 3, 2023. Good luck, prospective homeowners.

SB106: This Act modernizes and expands the concept of maternal mental health by replacing the definition of maternal depression with the more encompassing definition of perinatal mood and anxiety disorder. This Act contemplates treatment for any caregiver who may be affected by perinatal mood and anxiety disorder. This Act avoids use of gender-based pronouns as recommended by the Legislative Drafting Manual. (Senator Gay/23 additional and co-sponsors, 22 D, 1 R)

Why I'd vote no: This could be encompassing without promoting the fiction that men can get pregnant. Rewrite the bill properly and I might be on board.

Disposition: The Senate passed this 14-6 while the House passed it 36-1, Rep. Rich Collins being the lone logical voice. Governor Carney signed the legislation September 24, 2024.

SB110: This Bill increases the courthouse municipality fee assessed on limited liability company (LLC) filings and corporate filings from $20 to $40. (Senator Lockman/10 additional and co-sponsors, 8 D, 2 R)

Why I'd vote no: While it’s not a large or burdensome increase, I just don’t like fee increases with no end goal in mind - just chuck it into the specific locality’s general fund (Dover, Georgetown, Wilmington.) It’s an extra $20 out of my pocket in case I ever start an LLC.

Disposition: They passed this in the Senate 19-1 (my Senator Richardson also holding the line on fees) and House 28-11. Governor Carney signed this July 21, 2023.

SB170: Promotes the offshore wind boondoggle. (Senator Hansen/16 additional and co-sponsors, all D)

Why I'd vote no: Because offshore wind (and wind energy in general) is wasteful, capricious, and unreliable. We need to work on securing reliable sources and not be Maryland’s whipping boy on this one.

Disposition: Bryant Richardson was the only one who had it right in the Senate for a second bill in a row, 20-1. The House passed this 33-7, and Governor Carney signed it August 3, 2023.

SB233: This Act establishes employment protections for certain service employees during changes of ownership. (Senator Walsh/8 additional and co-sponsors, all D)

Why I'd vote no: In this one, the devil is in the details. For example, a company is required (if they find fewer workers can do the job) to: Retain service employees by seniority within each job classification. Maintain a preferential hiring list of those service employees not retained. Hire any additional service employees from the preferential hiring list, in order of seniority, until all affected service employees have been offered employment.

What if they are the goldbricks that led to the ownership change in the first place? People are “at-will” for a reason.

Disposition: The Senate had yet another 15-6 vote then the House passed it 25-13. This one was signed by Governor Carney September 30, 2024.

SB237: Relating to municipal comprehensive plans for municipalities with populations greater than 2,000, to require that their comprehensive plans increase community resiliency and address the impacts of climate change. (Senator Hansen/11 additional and co-sponsors, all D)

Why I'd vote no: Besides the fact that manmade climate change is all in their heads, how are we to know what the effects will be? Better to toss darts at a dartboard than try to outguess Gaia. Also, there’s this: “The new provisions add ‘walking trails’ to the mobility element to be considered, and require that consideration be given to alternatives to auto-centric development patterns, including transit services.” No one rides the bus.

If towns want to do this on their own, be my guest, but don’t make it a one-size-fits-all law.

Disposition: The Senate passed this on a 15-5 vote before the House passed it 27-12. Governor Carney signed it September 5, 2024.

SB265: The Delaware Energy Solutions Act of 2024. (Senator Hansen/17 additional and co-sponsors, all D)

Why I'd vote no: When the very first line states, “WHEREAS, emissions of greenhouse gases are contributing to climate change, threatening the health and well-being of the people of Delaware,” you know the rest is horseshit.

Here’s the energy solution: natural gas to nuclear. Both are reliable and plentiful, and if you really had the balls you’d see if we had any reasonable shale plays underneath our little sandbar.

Disposition: Sadly, this made it through the Senate as amended on an 15-6 vote and the House passed it 25-15. This was signed by Governor Carney on September 5, 2024.

SB300: This Act requires crisis pregnancy centers in this state to provide notice if the center is not licensed by this state as a medical facility and does not have a licensed medical provider who provides or directly supervises, in person, the provision of services. (Senator Gay/10 additional and co-sponsors, all D)

Why I'd vote no: Basically they don’t want anyone to go to any “pregnancy center” but an abortion clinic. This targets facilities that do ultrasounds and counseling.

Disposition: The Senate passed this 14-6 and House passed it 23-15. Governor Carney signed this September 26, 2024.

SB301: Requires public universities in this state to provide access to medication for the termination of pregnancy and emergency contraception. (Senator Gay/8 additional and co-sponsors, all D)

Why I'd vote no: This is the flip side to the previous bill, compelling universities to either have the abortion drug or point people to somewhere they do. Better to go to the crisis pregnancy center, because next session it will be public schools.

Disposition: This passed the Senate by the same 14-6 vote as above but the House passed it 24-16. Governor Carney signed this September 26, 2024.

SB325: The Fiscal Year 2024 Appropriations Act. (Senator Paradee/11 additional and co-sponsors, 7 D, 4 R)

Why I'd vote no: Another excessive spending package that runs afoul of both TABOR and good sense.

Disposition: This cleared the Senate on a 20-0 count and the House approved it 38-3. This was signed by Governor Carney on this last day of the 2024 fiscal year, June 30, 2024.

Legislative Accolades and Admonishments

At the conclusion of each session I give out a series of awards and admonishments to deserving members of the Delaware General Assembly based on their voting records. As time goes forward I will maintain the list of winners, with active winners in bold.

Catherine Cloutier RINO Huntee Award

Once again we had a race to the bottom this year among three House members. One decided to run for Governor and now his seat will be taken by a Democrat who will likely not challenge for the next award. Of the other two, one won this “award” last time and the other is Michael Smith, who’s perennially in the running for this himself. But he will be back this coming session to defend the title. This award is now named for the first and only two-time winner.

Previous “winners” - Catherine Cloutier (2015-16, 2017-18), Anthony Delcollo (2019-20), Kevin Hensley (2021-22).

Bruce Ennis Top (Blue) Dog Award

This award is given to the Democrat who ranks the highest in my ratings, showing signs that there is a small but rarely-seen centrist element to the Delaware Democratic Party. It's the way the aisle should be crossed.

On his way out, this year’s award is given to the one Democrat who had a double-digit score, Representative Sean Matthews.

I decided to call this the Bruce Ennis award because his 2022 retirement pretty much closed the book on an era where what I call Humphrey Democrats – liberal in spending and role of government but moderate to conservative on social and Second Amendment issues – held sway in the legislature.

Previous winners: William Carson (2015-16, 2019-20), Bryon Short (2017-18), Bruce Ennis (2021-22).

Legislative All-Stars

Each year I give this award to those legislators who either rank atop their legislative body and/or score above 90 on the ratings. I had one in each chamber this time, so this winner was the Senate’s best legislator.

Thus my one Legislative All-Star was the one with the best record in the Senate. He is an All-Star for the second session in a row: Senator Gerald Hocker.

Previous All-Stars (still active): Senator Bryant Richardson (2017-18) and Representative Richard Collins (2015-16, LOY 2017-18, LOY 2019-20, LOY 2021-22).

And finally...the Legislator of the Year

Can you say fourpeat? If we had 62 legislators like this guy, the state would be in far better shape. It’s now an eight-year run for Representative Richard Collins, who again crushed his opposition, both here and the Democrat who ran against him in House District 41.

Previous winners: Senator Colin Bonini (2015-16), Representative Richard Collins (2017-18, 2019-20, 2021-22).

Conclusion

I said this two years ago and it’s still true: in looking at how this two-year session played out it appears that, to the Democrats, this state can’t be a toxic combination of the looniness of California, the tyranny of New York, and the corruption of Illinois quickly enough.

Since I finished this after the election, I now know that the Republicans lost yet another House seat to now be a 27-14 minority. Because two members of the Senate advanced to higher office, in theory the GOP could make a net gain of one by mid-session in 2025 but that’s doubtful.

And the Democrats are advancing on many fronts: easier abortions, more renewable energy madness, making it harder to own a gun, and so much more. Basically there’s nothing to stop them the next two years except the self-imposed crisis of depending on a federal government previously run amok but hopefully going on a strict financial and regulatory diet soon. Look for the 2025-26 session to try and fill in these perceived holes on a state level.

Over the years I’ve kept a tally chart of all the legislators who have served since 2015 as an easy way to figure out “lifetime” ratings. However, I also compile a total for all Republicans combined and all Democrats combined, which is split by chamber, too. So I can say that, on the aggregate, the Republicans have consistently increased their composite scores, not just because some of the more moderate members have left, but because the legislation introduced gets more partisan and radical. This has to be true because Democrats have reached a nadir in my ratings.

Elections also matter, which is why I have added the information about whether a candidate is opposed in the 2024 election. By my count, only 9 members won’t be back: four retired (one of whom resigned mid-session because she moved out of her district), four ran for a higher office (two of the three Democrats were successful while the Republican lost), and one lost in her primary.

The Democrats in the General Assembly have fiddled while the rest of us working stiffs burn and I believe we need to take the opportunity in 2026 to change that. Having this as a page and knowing how to compile it now should make this easier next time - maybe I’ll actually get this out before the primary. The vote tallies were done in July; the hard part was figuring out how to add the charts, which are the .jpg files embedded below.

Michael Swartz

November, 2024