General Assembly Post-Game Wrap-Up/Pre-Game Show: Weds., April 25, 2012

Filed in National by on April 25, 2012

Eeee-haw! It’s Bread & Circuses in today’s committee meetings. While the ‘Circus’ will feature HB 290 in the Center Ring (House Chamber at 3:30), as a Democrat, I’m more concerned with the ‘Bread’. Specifically, today’s the day we find out just how much Democratic legislators act like Democrats.

After enduring the longest wait permissible under House rules, SB 163(Marshall) will be considered by the House Economic Development/Banking/Insurance/Commerce Committee today. The operative question is: Will it be considered, or will it be ‘considered’? House rules require that a bill in committee be considered within a set number of legislative days. However, ‘consideration’ can consist of calling up the bill, immediately tabling it in committee, and washing your hands of the whole sordid enterprise. This bill has been slow-walked since it passed the Senate. First, it took Speaker Gilligan two months to assign the bill to committee, and now the bill has languished in the committee for the longest-allowable number of days. Oh, did I mention that SB 163 would increase Delaware’s minimum wage in two 50 cent increments over two years? If the Democratic governor has no problem with this legislation, and/or if Democratic legislators really govern like Democrats, this bill will emerge from committee today. If not, someone will say that this bill requires ‘more study’, and will keep it buried in committee. The  Democratic legislators on this committee are: Chair Bryon Short, Vice-Chair Dennis E. Williams, Brad Bennett, Gerald Brady, Helene Keeley, Michael Mulrooney, and John Viola. 7 D’s and 5 R’s. Of course, Bennett won’t be there, so it’s 6 D’s and 5 R’s. That means it all comes down to the chair and the vice-chair since the rest of the D committee membership is likely to support the bill. If either of them fails to support its release from committee, it may not come out. Unless R Mike Ramone crosses the aisle, as he sometimes does. I, for one, will pay attention, even if the Circus in the Chamber gets most of the publicity. Per usual in Delaware, the question is: Will Democrats govern like Democrats?

The Senate Education Committee will consider the DREAM Act today. SB 169(Marshall) will permit undocumented students to pay tuition and fees at the in-state, resident rate at public institutions of higher education in the State of Delaware. If an applicant meets the criteria of the Act, they will qualify for in-state tuition rates and consideration for the SEED and Inspire scholarship programs. Democratic members of the committee are Chair David Sokola, D’s Bunting, Hall-Long, Henry, and Katz. The R’s are Sorenson and Cloutier. I would be surprised and disappointed if SB 169 doesn’t make it out of this committee today. However, disappointment is all too familiar to real Democrats in the State of Delaware.

HB 290 is once again scheduled to be considered in the House Administration Committee today. You will recall that a panicked prime sponsor (D. Short) feared that ‘misinformation’  was being spread about the bill, and ended up figuratively hiding in a closet while Pete Schwartzkopf refused to allow the R’s to cower while D’s did the heavy lifting. Presumably, the Misinformation Antidote has been administered to the high-misinformation voters who were prepared to descend upon Leg Hall by the busloads, and perhaps an orderly discussion of this bill, which makes clear what the sheriff can and cannot do, will ensue. One can only hope that is not the case. After all, it is Sussex County we’re talking about, and it is the Sheriff of Nuttingham Jeff Christopher we’re talking about.

Hey, I’m so far into the pre-game show, might as well keep going. Other highlights from today’s Senate committee meetings:

The Senate Education Committee will also consider SB 193(Sokola), which would establish a statewide cyber-bullying policy, and SB 191(Marshall), which would mandate instruction in public schools on the history of organized labor in America and the collective bargaining process. That thing I said about Democrats governing like Democrats? Uh, doesn’t apply to SB 191. There is not a single shred of detail in this bill as to what would be taught, who would teach it, who would approve the curriculum. Not to mention that this is likely a solution in search of a problem. Is there no mention of the history of labor unions in public school curriculum now? It is telling that, in addition to the prime sponsor, only one other legislator has signed on: Rep. Gerald Brady, who also just happens to be Executive Director of the Delaware State AFL-CIO. Coincidence? I think not.

The Senate Executive Committee will consider SB 185(DeLuca), which is being touted as significant lobbying reform. I think that’s overstating the case, especially since, unless I misread the bill, there is no penalty for failing to abide by its conditions. Here is the bill’s synopsis in its entirety:

The Act generally requires lobbyists to disclose the bill, resolution, or regulation on which they are lobbying by making an electronic filing with the Public Integrity Commission within five business days of contact with a relevant public official.  For budget appropriations bills and bond and capital improvements bills, the Act requires identification of the subject in the bill being lobbied.

The Act further requires that the Public Integrity Commission, in coordination with Legislative Council and with the assistance of the Government Information Center, make such reports available on the internet in a manner in which they can be easily reviewed by bill, resolution, regulation, lobbyist or employer, and that regular updates be distributed to members of the General Assembly.

Finally, the Act requires lobbyists to file registration forms registration and financial disclosure forms electronically.  It also shortens the time frame for reporting updated lobbyist information to five business days, which will be consistent with the reporting period under the Act and reflects the ease of filing the updates electronically.

I notice the absence of some of our best reform legislators from the sponsorship list. Which makes me, for one, skeptical. Can someone please talk me down? Or is this merely weak gruel masquerading as genuine reform?

The Senate Sunset Committee will consider SB 194, which would regulate the practice of polysomnography (sleep disorders). Included because you can’t spell polysomnography or El Somnambulo without somn…..o.

Today’s House Committee highlights include:

SB 280(DeLuca), which would create a license for craft distilleries. In the House Economic Development/Banking/Insurance/Commerce Committee.

HB 268(Schooley), which establishes reporting requirements for school bullying incidents. In House Education Committee.

HB 287(Lavelle) which requires that the SEU (Delaware Sustainable Energy Unit) program fall under state procurement laws. As a practical matter, it almost doesn’t matter whether the Keystone Kops misadventures of the SEU are either due to incompetence or corruption on the parts of co-chairs Harris McDowell and John Byrne. What matters is that money has been wasted, the program was cut short, and that accounting has been next to nonexistent. I hope and expect that this bill will easily pass both houses. The sooner the better.

OK, in reverse chronological order, I humbly present the Post-Game Wrap-Up from yesterday. For those of you scoring at home, or just reading the blog (tip of the sombrero to Keith Olbermann), you can follow along here.  The big news, at least in the minds of the House Majority Caucus, which put out a press release minutes after the vote, was the passage of HB 277(Heffernan), which creates the new crime of ‘home invasion’. If you bother to read the bill, and I encourage you to do so, you will see that this ‘new crime’ would add yet another charge to a longlonglong list of charges that can already be applied. In other words, the principal purpose of this bill is political, as it will appear on brochures from one end of the state to the other. The bill was passed unanimously, with only Brad Bennett absent. Bennett, of course, was a co-sponsor. The practical impact of the bill is virtually non-existent, as one would think that the approximately 1187 crimes for which a person can already be charged here would likely suffice. But face it. If you were a legislator, would you vote against it? Didn’t think so.

Since that was, IMHO, the only matter of interest from yesterday, I hereby move that this column be adjourned to the Call of the Author. Second? All those in favor say Aye?

Column adjourned.

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  1. Schooley can’t even concentrate on whether school districts / charters are following the law and reporting minutes / finances.

  2. MJ says:

    I’m sure Christopher will be there with his posse – St. Bodie Girl, Don “no teeth” Ayotte, and Sussex’s version of Dog the Bounty Hunter.

  3. Not so fast says:

    Danny Short has stricken HB290. Looks like Sheriff Christopher wins?

  4. Another Mike says:

    I thought schools already had to report crimes, and isn’t bullying against the law and, therefore, a crime? The only thing I saw in the synopsis was that they had to report them whether the allegations were substantiated or not.

  5. Jason330 says:

    Looks like Sheriff Christopher wins?… When you give a mouse a cookie…

  6. Joanne Christian says:

    HB 268 is an ill-conceived bully reporting bill w/ no clear demarcations of defined bullying. It requires mandated reports of everything any school person wants to call “bullying” whether proven or not. It is just a tally bill. There is no report out on false findings, exaggerated claims, undocumented incidents, or even just retaliative gossip. It is a HORRIBLE bill that any parent should be very afraid. Even if your child has nothing to do w/ whatever claim, it is reportable—there is no dropped, or closed out case. It’s one of those “you can’t unring a bell” gotcha pieces of legislation-akin to “zero tolerance”–only the numbers are reported to the state. Like the earlier poster said–sure…Wm Penn only had 2 bullying incidents–wink wink. Audits will now be done, and wink wink wants to see anytime a child was looked at cross-eyed, and reports it as “being bullied”. Don’t folks in Dover realize this will only marginalize further, the real bullying that goes on????? And yes–this even includes all the cyberspace your children visit, and comment on–because the bottom line is, once it’s on the internet, it’s in the school–so they don’t want to quibble on where this is taking place. So much for parents monitoring their own kids actions and reactions—and looking at the schools to “clean this up”. Geesh. The Ombudsman piece is great though. But HELLO–Delaware will soon look like a bully pit if we report by these loose, often unsupported, and unwarranted claims.

  7. Dave says:

    Well Dan Short caved on HB 290 and had it stricken under Rule 27. His new plan is to ask the for a concurrent resolution to ask the DE Supremes to define what the GA chooses not to define (Conservator of the Peace). Of course you long time Delawareans are better able to say what the probability of concurrent resolutions are (other than to establish Muskrat Week) and then the probability of the Supremes actually agreeing to hear the issue.

    My view: We had a brief glimpse of what good governance could accomplish before the door closed. There are political risks in doing the right thing. That’s why most do not do the right thing. Mr. Short made his decision.

  8. MJ says:

    Someone tell Danny Short that I found his balls and backbone; he seems to have lost both.

  9. Anon says:

    Short said someone put the bill on the agenda without his say-so. Anyone know who? Pete, tired of waiting?

  10. Dave says:

    Pete told me on monday that it was coming up wednesday. Not sure if that means he did it or what

  11. John Young says:

    Joanne,

    I sent a marked up version with close to two dozen comments, most of which were along the lines of your concerns to Jaques, Osienski and Kowalko today. Not sure if any of the points got pressed though.

  12. Anon says:

    Did anyone else read this?

    http://bit.ly/IF1xCf

    I can’t believe that Danny Short had this report and still chose to strike HB 290. An estimated 379% tax increase, increased insurance prices, and numerous documented wrongdoings by sheriff. This doc makes it clear that the sheriff thinks he is above the law and will do what he wants.

  13. Everybody should read Anon’s link. It’s really amazing

    Dan Short and his fellow Rethugs have simply abandoned their responsibility to their constituents and to the residents of Sussex County.

    The lunatics are really running the asylum down there.

  14. Aoine says:

    I was aware of this but was sworn to – well silence

    its acually a little worse than this – this is just what can be proven

    I think the media has it too

    if not – lets ensure they do

    and not ALL of us down here are lunatics – right MJ?? – LOL

  15. Anon says:

    I can only hope the media gets this and runs with it. How can Bodie and the rest of the so called conservatives support this.

  16. Aoine says:

    becausce its about THEM – what THEY want – their little dicks

    not what is good for the poeple of Sussex

    so sad

  17. Dave says:

    Well we will see what the media does with this, especially given this report. Mr. Short has some explaining to do since the bill could have been acted on and still asked the Supremes for guidance. This will come back to haunt Mr. Short, especially when it gets this juicy, the media falls all over themselves.

    Tagline: Rehoboth Beach – the Nation’s Summer Capital or Dodge City?

    The WAPO newsroom has slimmed down but with a tagline like that it might get some play. Too bad the Cape Gazette is snoozing on this one.

  18. Aoine says:

    the Gazette aand the Countian will

    Gazette on Friday – coz its only 2x /week

  19. Jason330 says:

    An interesting thing about the Sussex media landscape is that they have local TV. Although I doubt they’d be interested in this until someone gets killed, or something burns down.

  20. Anon says:

    WBOC has been fairly aggressive on the sheriff story, as has Ron MacArthur of the Gazette. The Countians reporter is brand-new, and their stories have gotten shorter and shorter under the new regime.

  21. Anon says:

    Another thought I had regarding potential liability for Sussex County. Christopher’s end goal is police powers for his deputies, but one of his deputies was decertified by Delaware Council of Police Training. He can’t be a police officer in Delaware without being Re-certified to my knowledge. But the state law is clear that the sheriff or his deputies cannot attend the police academy, therefore he can’t be certified.

    So right now there is a decertified ex-cop running around in Sussex County with a uniform,gun, and a car with lights playing cop. There is a huge risk of a lawsuit there if arrests or pulls anyone over while on the clock. But if by some miracle the sheriff got police powers that he wanted this deputy would still not be able to arrest since he was decertified, so the county would either pay him to do a job he can’t, or fire him even though Christopher hired him knowing of his decertification.

    I wish the county council would just play hard ball since the Sussex republicans are now letting Bodie make their decisions for them.

  22. MJ says:

    Aoine, Miscreant, FBH [sometimes – :-)], Dave, Perry, and a good number of others are not lunatics.