General Assembly Post-Game Wrap-Up/Pre-Game Show: April 5, 2017
OK, kids, lube up those finger joints and start making some calls.
Here’s the deal. HB 109 (Kowalko), which lowers the current tax rate by .05% for each bracket.and creates a new tax bracket at $125,000 with a rate of 7.05% and an additional bracket at $250,000 with a rate of 7.80%, will be considered in today’s House Revenue & Taxation Committee. With 9 D’s and 4 R’s on the committee, you would think the bill would get out of committee. Not so fast, my friends. Speaker Pete Schwartzkopf has stacked this committee with three Chamber-leaning D’s. If they all vote with the Rethugs, the bill doesn’t get released. So, if either Bryon Short, Andria Bennett, or Quinn Johnson is your State Rep., call them and urge them to vote like a Democrat. And let them know that you’ll be watching. This is important. DO IT!
Speaking of important, SB 27 (Townsend), the independent redistricting bill, is on today’s Senate Agenda. This is the first legitimate reapportionment legislation I’ve seen, which is why I doubt that it will ever become law. Hope it does, though…
Legislation moving Delaware’s statewide primary from September to April passed the House yesterday by a 34-6 vote. I think it’s ill-advised for the reasons I cited yesterday.
Two key pieces of legislation to combat Delaware’s opioid epidemic unanimously passed yesterday. SB 41 (Hansen) and HB 100 (Keeley) will now trade chambers on their way to full passage.
Here is yesterday’s Session Activity Report. The Repeal the Death Penalty Repeal bill, aka the ‘Extreme Crimes Protection Act’ (why would you want to protect extreme crimes?) has been introduced. The D’s on this bill?: Sen. Ennis, Reps. Carson, Mitchell, and Paradee.
There are loads of substantive bills in committees this week. We’ll start with today’s House committee meetings. Here are the key bills I’ve identified:
*This one looks like a request from at least one county government. HB 83 (Matthews) ‘enables a county government to enact an ordinance that concerns the maintenance of sidewalks in residential subdivisions.’ Seeing as how all the sponsors are from New Castle County, this looks like a Matt Meyer initiative. Transportation/Land Use/& Infrastructure Committee.
*HB 103 (Matthews) increases penalties for home improvement fraud. Looks like everybody wants this bill in their campaign brochures. Judiciary Committee.
*HB 96 (Mulrooney) ‘makes compensation a mandatory subject of bargaining for any group of employees who have joined together for purposes of collective bargaining and certified a labor organization to serve as their exclusive collective bargaining representative.’ Labor Committee.
*HB 80 (Paradee), if I’m correct, is a bill that the insurance companies don’t want. The bill ‘establishes permissible rating factors for insurance companies to use in the rating of automobile insurance and requires the offering of a good driver discount plan for qualified drivers’. The statement in bold apparently means that seniors are entitled to a ‘good driver discount, something that the insurance companies oppose. We will see if Bryon Short pushes for the bill to be released. He is, after all, a lackey for the insurance industry. Business Lapdog Committee.
*HB 111 (Keeley) appears to be the Live Nation Enablement Bill. Everybody knows that the Darth Vader of the live music industry will be taking over operations at the Queen. Next to Governor Carney’s ineptitude, it’s the worst-kept secret in Delaware. This bill:
changes the number of live music events required for an entity to be a qualified “concert hall” for purposes of alcohol licensing. Previously a concert hall was required to hold at least 250 live music events per year and be open at least 5 days per week. Pursuant to this change, the 5-day requirement is eliminated and the venue must hold 250 live music events per two-year period.
Every member of the Wilmington legislative delegation is on the bill. Campaign checks to follow. If they haven’t arrived already. Business Lapdog Committee.
*Two of the bills allegedly designed to turn the Dover Mall into a destination shopping mecca are in the House Administration Committee. They are HB 115 and HB 116, both by Rep. Lumpy Carson.
*HS 1 for HB 85 (K. Williams) ‘eliminates the use of an enrollment preference for students living within a 5-mile radius of a charter school. For any charter school using the 5-mile preference at the time of enactment, the school is required to eliminate the preference through notification to the authorizer prior to the 2018-2019 school year. The bill allows a new preference for students located in the portion of the regular school district that is geographically contiguous with the location of the charter school.’ The bill has support of both Sen. Sokola and Rep. Jaques along with some of the strongest advocates for public education, which bodes well for passage. Education Committee.
*HB 91 (Mulrooney) is part of the package of bills to combat substance addiction. The bill ‘would enhance the ability of the prescription monitoring program to make informed determinations as to prescribers who may be making extraordinary prescriptions of opiates or other controlled substances, and to refer such cases to law enforcement or professional licensing organizations for further review.’ Health & Human Development.
Highlights from the Senate Committee schedule for today:
*SB 20 (Lavelle) is the second leg of a constitutional amendment that would limit the use of Transportation Trust Fund moneys to transportation projects and debt payment. The irony here, of course, is that Mike Castle and his corrupt Transportation Secretary (and future felon) Kermit Justice hit upon the idea of raiding the fund for operating expenses soon after the bill was signed into law. Almost three decades later, the Rethugs, led by the perennially-outraged Greg Lavelle, turned it into a political issue. I’m fine with the bill, but, kids, remember your history. It was Castle and Justice who made a mockery out of the bill’s original intent. Transportation Committee.
*SB 30 (Townsend) ‘requires political committees to report a contributor’s occupation and employment information’. This is already a requirement for Federal campaigns, and it would enable Delawareans to determine which special interests are buying their legislators. Elections & Government Affairs.
*SB 28 (Townsend) ‘requires that all candidates for President and Vice President of the United States file copies of their federal tax returns with the Delaware Department of Elections as a prerequisite for appearing on the ballot in the general election in Delaware.’ I doubt that this one would pass constitutional muster. Elections & Government Affairs.
*SB 24 (Henry) eliminates the requirement that a psychiatrist must sign off on a prescription for medical marijuana. Wonder who put that stupid proviso in the statute in the first place. Health, Children & Social Services.
* Three more bills designed to attack the opiate epidemic will be considered in the Health, Children & Social Services Committee, all sponsored by Sen. Townsend. SB 44, SB 45, and SB 48. As the husband of a pharmacist, I particularly like SB 48, which holds harmless a ‘ a pharmacist who dispenses narloxone under an established set of circumstances…unless it is established that the pharmacist caused the injuries or death wilfully, wantonly, or by gross negligence’.
*I also like SB 54 (Townsend), which makes it easier for someone who has a juvenile criminal record to expunge the record if they can demonstrate that they have been successfully rehabilitated. Judiciary.
*Tip of the sombrero to President Pro-Tempore Dave McBride. There is only one nominee being considered by the Executive Committee, but the name is listed on the committee agenda. India Colon, for the State Board of Elections.
Kids, another teaching moment. Crowded committee agendas invariably lead to crowded House and Senate Agendas. Meaning, lots to discuss in the upcoming days.
Scratch that. The General Assembly adjourns for a two-week Easter recess this Thursday. Instead of an Easter Egg Hunt, a search for Jellyfish John’s manhood might be in order. Most disengaged governor ever.
While sitting on a committee a Senator or Representative is supposed to be representing all of Delaware, so everyone should be calling Short, Bennet and Johnson, regardless of where they live in the state. Obviously being in one of their districts would have more weight, but don’t let that stop you if you believe in the bill.
HB 109 was successfully released from committee. Special thanks to Chairperson Helene Keeley and members of committee who voted to release it. Now on to the agenda and a floor vote where it becomes put up or step out time in full public view.
John Kowalko
It’s DOA.
Rep. Kowalko:
I would suggest you talk to the House lawyers about HB 109 immediately. I think it needs an amendment if it is to be considered on the House floor. Otherwise it might fall victim to a significant constitutional issue.
HB 109 – in two places – makes the two new higher brackets in the personal income tax scheme effective for tax years beginning after Dec. 31, 2016. For most individual taxpayers, that would mean the new rates are applicable for the entire 2017 calendar year.
However, article VIII, sec. 9 of our State Constitution bars any law related to personal income tax which raises taxes for a year, or part of a year, occurring before the law was enacted. The penalty for such impermissible retroactive tax legislation is that the whole law is void.
Your bill is retroactive under the constitutional provision because it raises rates for the 2017 tax year to cover periods before HB 109 would be enacted.
I urge you to consult with counsel about how HB 109 plays out against Art. VIII, sec. 9.
I think you’re right. You can’t apply it retroactively.
Amend it so it takes effect Jan 2018. Don’t give Carney a legal reason to veto it.
Lawyers are aware and changes will be made imminently
John Kowalko
Tom K.
The Bill or your Brain?
John – Your solution is plain stupid.
Tom – You haven’t done your homework again. When you don’t do the required reading we can all tell. You’re embarrassing yourself. Again.
Mr. Kline: Please explain the reasons for your judgment. Basically, show your work or you flunk the test.
The real culprit here is spending. Who the F is going to move into DE with these proposed tax rates – DE isn’t California!
Carney will never go along with this idiotic bill.
TK it is eminently fair and meets any reasonable definition of progressive. You are well described by rep JK 🙂
JC is in deep water and swimming is not his best sport
Mr. Kline: That is not an acceptable answer. Again, please show your work. What is the state spending too much on? Please provide figures.
What little you have said you are wrong about. Delaware’s population growth far outpaces the states surrounding us. And California’s economy, after raising taxes to provide better services, is booming.
Either provide some evidence that you know what you’re talking about or Shut The Fuck Up.
Hey TK Alby said it better than me! You appear to be a bit of a slug.
Spending cuts drive up budget deficits. These are facts that have occurred in real life and can be researched.
I know it runs counter to the vacuous ideological statements you favor. That’s too bad.
I gave you a few examples the other day, but did you do your homework? You didn’t.
Hey guys – here’s a thought… why don’t you channel your strained, unoriginal, off putting responses to me into devising some REAL solutions that do not involve digging ever deeper into the hard working, educated man/woman’s pockets??
You extreme, uncreative communists love taking the easy path – why don’t you lose the tunnel vision, actually get some real vision and stop stealing from the “rich” to give more and more and more to those you deem worthy?
It just makes no sense to me. Did you learn nothing from the last election?? Our true, democratic party is doomed by your ilk. Tragic really.
PS – Now clean out your mouths with some soap
PSS – Hard workers like me do not have time for your silly “home work” assignments when we are busy working hard all day even as you seem to be posting all day. So comical. So forget the home work , please just do some work. HAHAHAHA.
Really, that’s all you got? “We spend too much money, wah!” without being able to say what we spend too much on?
That doesn’t take a whole lot of work if you know what you’re talking about to begin with. You, of course, don’t.
Not understanding why Kline doesn’t want to make the tax system more progressive. It the only one that actually works.
Wow TK a lot of vitriol over a perfectly sensible and clearly progressive adjustment to the income tax which allows the “shared sacrifice” to which JC pays lip service. “extreme’ “communist” ‘stealing from the rich” Really????? You are full of crap there pal…. just curious exactly who’s water you carry:)
Speaking of hard work. Any tax increase would impact me personally. You?
@Blackflyer. Tommy admitted he doesn’t have time to learn what is effective policy and what isn’t. He just rambles.
Tom is a registered republican lol
If Tommy ever finds out who is actually stealing from whom and how all that works I suspect it’ll come as quite a shock. The shock of course is contingent upon his understanding of it.
I would recommend he read Blyth and Piketty but he simply doesn’t have the time. He’s fully immersed in confusion at the minute.