General Assembly Post-Game Wrap-Up/Pre-Game Show: Wed., June 9, 2010

Filed in National by on June 9, 2010

So many fascinating bills in committee today that the post-game wrap-up will be somewhat truncated. Here’s what happened. Every bill I highlighted yesterday passed unanimously, with the exception of SB 245(Sokola), which requires that student teachers undergo criminal background checks. Three senators voted ‘no’, the three naysayers open to speculation. Maybe Bernard’s buddy can fill us in again (thanks for helping us out last week!).

On to today’s pre-game show, with such a wealth of legislative material to mine that I’m not sure I can do so, given the legal encumbrances placed upon the legislative mining industry.

First, a brief tour through the Senate agenda. For purposes of the online practice of psychotherapy, these bills interest me: SB 226(DeLuca), SB 223(Blevins), SB 264(McDowell), and HB 338(Rep. J. J. Johnson). Shrinks, lay me down on your e-couches and make of this what you will.

All ri-i-i-i-ght! Let’s put some meat in this sandwich. It’s committee time! Since there may be only one more week of scheduled committee meetings after today, there are a lot of bills to cover.

Let’s mine the Senate Committee schedule for legislative gold first.

The inevitable clash between Sussex County farmers and the encroaching ‘furriner’ population (‘furriner’ meaning anyone not from Sussex County) leads to today’s Ag Committee consideration of SB 265(Venables).

A couple of energy conservation bills will be considered in the Energy and Transit Committee. They look valuable to me, but I hope that Tommywonk can put these in perspective: SB 266(McDowell) and SB 267(McDowell).

Legislation to strengthen and clarify sanctions on chronic environmental violators will be considered in the Senate Natural Resources/Environmental Control Committee. To put it mildly, Sen. McBride is  more than a little unorthodox and far from being the easiest person to deal with or to work for. Trust me on that. However, on balance, he’s been a damned good advocate for the environment in his role as chair of this committee.

The House Committee schedule is simply chock full of notable nuggets.

The oft-discussed (at least here) ‘Regulatory Flexibility Act’ will be considered in the Greed Is Good Committee, aka the Economic Development/Banking/Insurance/Commerce Committee. My Spidey Sense is tingling, suggesting that this legislation is Doc Ock in bill form. I do like HB 420(Scott), however, which would outlaw yet one more sneaky practice of insurance companies, this one called ‘post-claims underwriting’. Famed Porcelain Pioneer RSmitty no doubt is lifting a tall frosty one right now as the committee will also consider both HB 432(Viola) and HB 447(Schwartzkopf). I boldly predict that  Dogfish Head’s Sam Calagione will be in Leg Hall today to support my kind of economic development.

Two bills in the Education Committee, both sponsored by Rep. Oberle, raise some questions for me. HB 441 creates a universal school breakfast program in Delaware for “all students in public and charter schools regardless of family income.” Why? The second bill is a sop to organized labor, plain and simple. HJR 10 “creates a committee to develop a model curriculum unit to instruct students in the history of Organized Labor.” The committee is to be “comprised of, but not limited to, a member of the Delaware State AFLCIO, a member of the United Auto Workers Local 435, a member of the Teamsters Local 326, and a member of the Delaware State Education Association, to be appointed by the presidents of the aforementioned organizations.” No other members or prospective members are either required or listed in the Resolution.

I’m sorry. As much respect as I have for what unions have done for us, this is no better than the propagandizing of textbooks in Texas.  Nothing forestalls the teaching of labor history in schools now. This history should not be written exclusively by the labor unions any more than a ‘creation science’ public curriculum should be created by religious zealots. Neither can be considered an objective disseminator of information.

HB 358(D. Short) would cause a significant, and I think, positive, change to the way that financial projections are calculated in Delaware. For reasons that I’ve never understood, fiscal notes attached to legislation generally only consider costs to the state for the proposed legislation’s enactment. This bill would enable fiscal note consideration to be “given to the economic implications caused by action of the General Assembly in creating jobs and the revenue that might be generated, as well as predictable revenue calculated by contract or direct action.” The absence of certain key power brokers as sponsors suggests that this bill might face a tough road. But I think it’s good public policy. Those who would think differently are encouraged to state your concerns regarding this bill.

We’ve debated the merits of HB 443(George) here over the past week. The House Judiciary Committee will do likewise today.

HB 429(Cathcart), considered in today’s Transportation/Land Use/Infrastructure Committee, would place a three-year moratorium on the issuance of new Special License Plates. If I had my way, it’d be a longer moratorium than that. Like, forever. Believe it or not, DMV manages over 100 special license plates already. One. Hundred. It’s gotten out of control, folks. The only people feeling left out are those who aren’t special enough to merit a special plate. So, I’m all for this…only not until I get my Special Plate: Former Non-Essential State Employee”. I feel better already. Now, about those burgeoning tax check-off boxes…

These bills and the others being considered today will likely comprise the lion’s share of the agendas for the next week or so. Interesting times ahead…

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  1. TommyWonk says:

    Senate Bill 266 would give the DNREC secretary greater flexibility in administering the Green Energy Fund to keep it viable and focus more on promoting end use of proven technologies.

    Senate Bill 267 would strengthen Delaware’s net metering law to increase the amount of renewable energy utility customers can sell back to the grid.

    I will be at the hearing in support of both bills. For more, see my post today.

  2. anon says:

    Legislation to strengthen and clarify sanctions on chronic environmental violators

    My first cynical thought was that might be an effort to somehow weaken enforcement at the behest of the new owners of the former Valero refinery. I didn’t really see anything like that though, except for one interesting alteration:

    Section 14. Amend the re-designated § 7904(e), Title 7 of the Delaware Code by inserting the phrase “or institute procedures” immediately after the phrase “promulgate regulations”

    Why was this needed? Can’t a regulation contain a procedure? Are procedures equally enforcable?

  3. My guess is that, if the regulations have already been promulgated, and the party has failed to live up to the regulations, subsequent procedures, possibly including legal action, may be pursued. So, it appears to be a strengthening measure.

    However, without the context of the existing code section, one can’t say for sure. Which brings me to some history.

    About a decade ago, the legislature was prepared to completely redo the way that bills were crafted. With all bill drafters online and equipped with an online Delaware Code and a drafting manual, legislation was to be drafted utilizing the existing Code section being modified. Sections to be stricken would be ‘struck through’. Other changes were to made utilizing bold face and italics. In other words, the bills would be drafted in a manner providing context to those looking at the legislation.

    The proposed changes never took hold in Delaware, although I believe a majority of states have adopted this more public-friendly approach.

    Why? I suspect that some of the Mindless Minions in Legislative Council cried to their Lord and Mistress Nancy Cook, who likely didn’t see the need to enable the public to figure out what she was doing anyway.

    Any alternative theories or (shudder) facts as to why this never happened are appreciated.

  4. RSmitty says:

    Famed Porcelain Pioneer RSmitty no doubt is lifting a tall frosty one right now …
    Actually, I think for HB432, it would really require a lifting of a small, Dixie cup, but we can lift many! WOO! thud-thud-thud (the sound of toasting with those Dixie cups).

    “Porcelain Pioneer” Why, I oughtta…
    I have to say, though, they are preferable to the unfortunate waste basket that sometimes is closer.

    Oh, and only at home, of course.

  5. Speaking of drinking and, uh, waste baskets…

    I was lapsing into room-spinning drunkenness one night back in my college days, and someone helpfully brought me a waste basket from the kitchenette in anticipation of the inevitable.

    Unfortunately, it was one of those baskets where you had to step on a pedal for the lid to go up.

    I’ll leave the rest to your imagination.

  6. RSmitty says:

    D’oh! I’m guessing we can just call that “lesson-learned,” eh?.

    New HB/SB: prohibit the use of lid-enclosed waste baskets in all college/university dwellings and other dwellings where at least half of the inhabitants are full-time college/university students.

    Really, it’s a human-interest bill…moreso for the co-inhabitants of said student.