Delaware Liberal

General Assembly Post-Game Wrap-Up/Pre-Game Show: Tues., May 14, 2013

While we were busy celebrating the passage and signing into law of Delaware’s Marriage Equality Act, the House effectively killed off legislation providing a modest hike in Delaware’s minimum wage. Make no mistake: the killing of SB 6 was deliberate and planned, and the co-conspirators were all Democrats: Speaker Pete Schwartzkopf, Rep. Bryon Short, and Gov. Jack Markell.

Here’s how it happened. After bargaining in what he thought was good faith with Gov. Walker Markell, Sen. Robert Marshall agreed to amendments that significantly reduced the impact of SB 6. Specifically, he agreed to push back the effective date, to decouple subsequent rate increases from the rate of inflation, and to lower the amount of the increase. Markell praised the eviscerated finished product, and said he could support the bill. Which was the last ‘support’ he provided. And Speaker Pete got the memo loud and clear: Kill the bill!

And he did. How? By assigning it to the House Business Lapdog Committee, aka the House Economic Development/Banking/Insurance/Commerce Committee, instead of to the House Labor Committee. Chaired by Rep. Bryon Short. You may recall that this is precisely the same tactic that former Speaker Bob Gilligan employed when Markell wanted him to kill the bill last session. And, for the second straight session, Short did not disappoint. SB 6 was passed in the Senate on March 21. It did not receive its hearing in the committee until May 8, and that was deliberate. Short allowed the bill to languish until the last day that, according to House rules, it had to be considered in committee. Many of you are aware of the full-court press opposition led by the respective Chambers of Commerce in the past two weeks. By delaying consideration of the bill, the committee chair enabled that campaign to have optimal effect. To the point where empty tabula rasas like Andria Bennett were reciting Chamber talking points verbatim in opposition to as Democratic a bill as you’ll ever find.

Gov. Markell demonstrated some slickness here. By saying that he would sign SB 6, he eliminates any political stigma that Democrats would attach to him in a future run for political office for publicly opposing a minimum wage increase. And he gets Pete and his DLC house cronies to kill the bill. Just like he did last year. Just remember, Markell’s fingerprints are all over this. Cut’n save.

Here is the Session Activity Report for last Thursday.

As I predicted, SB 40(Ennis), which increases penalties for those convicted of committing crimes using firearms, unanimously passed the Senate.

The House passed HB 116(Viola), which permits race tracks to reduce racing days below the currently-mandated 100 days annually. In order to remain ‘competitive’ when it comes to purses. Can we finally admit that this racino scam has been a failure? The racinos were supposed to prop up the tracks. Now, they exist to lobby for more special breaks from the state and to keep other competitors out. Unfortunately for them, Delaware can’t do anything to stop competitors in Pennsylvania and Maryland. I have a solution…free markets in Delaware.

Today’s Senate Agenda features HB 90(K. Williams), which seeks to simplify public school choice:

The bill requires all local education agencies to accept a standard application form provided by the Department of Education, which must be available on the Department’s website. Further, the bill seeks to eliminate discrimination by districts against choice students by: (1) allowing districts to request supplemental application information from choice students only to the extent it requires the same information from attendance zone students; (2) limiting the supplemental criteria a receiving district may use to evaluate choice applications—after that, districts must use a lottery system; and (3) removing the provision that allows districts to reject applications of students with special needs. Districts would also be required to accept choice students until each school and/or program has reached 85% of its capacity. Districts would be required to hold a public information session about choice and enrollment opportunities by October 31 and report estimated capacity and projected enrollment information to the Department of Education by November 30; those estimates may be revised until January 30. Finally, the bill will create a task force to consider the current landscape of all school enrollment preferences to include magnet, vocational technical, and charter schools, and to develop recommendations as necessary.

The bill passed unanimously in the House. Seems like a real good bill to me. What do the education mavens reading this think?

Today’s House Agenda features HB 88(Barbieri), which attempts to address the issue of keeping weapons out of the hands of certain mentally ill individuals. I think that this is by far the most problematical bill addressing gun control facing the General Assembly. I do not question the intent of the legislation, and I recognize how difficult it is to craft a statute that balances the rights of individuals, the public, and the medical/mental health community. I guess my main concern is that mental health professionals, in particular, could be subject to second guessing whenever somebody goes off and opens fire. It’s easy to have 20-20 hindsight after the fact, which I’m afraid could well happen here. I hope that this bill will receive lengthy discussion and lots of questions. Any mental health professionals care to share their thoughts?

HB 89(Rep. Q. Johnson) has received its share of controversy as well. The bill ‘promotes and facilitates the construction and operation within the State of Delaware of freestanding inpatient rehabilitation hospitals, which generally are capable of providing services to victims of stroke, spinal cord injuries, amputation or other traumas.’ This is really a jobs bill, and its opponents include other hospitals. Because, you know, they don’t want competition. As far as I’m concerned, it’s the ‘free market’ at work, so I have no problem with it.

Finally, we have another key gun control measure on the House Agenda. SB 16(Henry) ,as amended ‘would require owners of lost or stolen handguns to report such loss or theft within 7 days of discovery. Owners may report such loss or theft to the law enforcement agency having jurisdiction, or to any State Police Troop.’ You will recall that SB 16 only passed the Senate by an 11-10 vote, so passage is not assured. Contact your state representatives if you want to see this bill passed.

Tune in tomorrow, Wednesday the 15th, to hear me on the Al Show, WDEL 1150-AM. 10 am to 12 noon.

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