General Assembly Post-Game Wrap-Up/Pre-Game Show: Weds., Jan. 23, 2019
Richard Collins. Shannon Morris. Bryan Shupe. Jesse Vanderwende. Remember those names.
Yesterday, the Delaware House Of Representatives enacted emergency legislation designed to lessen the burden of federal workers who have been caught up in the government shutdown. HB 2 (Schwartzkopf), well, let me just post the synopsis in its entirety:
This Act creates the Delaware Federal Employees Civil Relief Act which provides the temporary suspension of judicial and administrative proceedings and transactions in Delaware that may adversely affect the civil rights of Federal workers during a shutdown. This Act only applies to Federal workers who reside in Delaware. The Act permits a Federal worker who is furloughed or required to work without pay during a shutdown to apply to a court or administrative agency for a temporary stay, postponement or suspension of any payment of rent, mortgage, tax, fine, penalty, insurance premium, or other civil obligation or liability. A court or administrative agency may grant such relief if it finds that the ability of the Federal worker to pay such obligation has been materially affected by the shutdown. The length of stay may be for the period of the shutdown and 90 days thereafter. This Act also prohibits landlords from evicting a federal worker from premises that are occupied or intended to be occupied primarily as a residence. This Act also prohibits the lapse, termination or forfeiture of the health, life, disability, or motor vehicle insurance policy of a Federal worker without a court order. This Act also places limits on the interest rate that can be imposed on a Federal worker during a shutdown. Finally, this Act empowers the Attorney General to enforce the provisions of the Act and permits a court to impose a civil penalty of not more than $10,000 for violations of the Act.
This bill represents pretty much all that state government can do to protect those who, through no fault of their own, are pawns in Trump’s latest temper tantrum. It’s an essential piece of legislation. Now return to those four names highlighted above. Those four Republicans voted no. If you can’t at least muster up enough empathy to protect these innocent victims and their families, then you have no business doing the public’s business in Dover. Truly shameful votes. GTFO, and allow successors with consciences to take your place.
HB 3 (Longhurst) ‘authorizes the Office of Management and Budget to partner with financial institutions and non-profit providers to establish a temporary loan program for furloughed and unpaid Federal employees as a result of the shutdown caused by a lapse in appropriations.’ This bill passed the House unanimously.
These bills represent the General Assembly at its best. It’s not easy putting together a bill as complicated as HB 2 under deadline pressure (the deadline being that the GA is out of session for the next six weeks). Yes, I approach everything with a critical eye, and a lot of what I write is negative as a result. But this legislative accomplishment is an exemplary and vital contribution to the public welfare. The Senate no doubt will follow through by week’s end. In fact, both bills are set to be heard in the Senate today under suspension of rules.
All three bills on yesterday’s House Agenda passed unanimously. I had raised questions about all three bills, ranging from whether the Rehoboth Beach Charter Change gave more voting rights to LLC’s, whether the Ft. DuPont project would ever receive legislative oversight, to whether it’s right to give Buccini/Pollin yet more state largesse. Doesn’t look like legislators had any similar questions.
Wednesday, of course, is committee day. The House never runs an agenda on Wednesdays except right at the end of the legislative session in June. Let’s check out committee ‘highlights’, starting with the Senate. First, here is the full slate of Senate committee meetings for today. Bills of interest to me:
SB 5(Hansen) seeks to address the issue of ‘individuals dumping large quantities of trash on public and private property’. Senate Transportation Committee.
HB 35 (Bolden) allows the new arena on the Wilmington Riverfront to sell alcohol. Buccini/Pollin supports it, hence, it will pass by tomorrow. Senate Banking, Business & Insurance Committee.
SB 8 (Walsh) enhances collective bargaining protections for State employees. Senate Labor Committee.
SB 50 (McDowell) enables Del-Tech to collect money from all Delawareans merely by a vote of its Board Of Trustees. A blatant money grab by perhaps the most politically-connected entity in all of Delaware. There is no way that this bill should be rushed through the Senate. This is the Delaware General Assembly at its worst. Senate Elections, Govt. & Community Affairs Committee.
And now for the House Committee highlights:
More great comprehensive manufactured housing legislation from Paul Baumbach, who inexplicably was stripped of the chairmanship of the Manufactured Housing Committee by Speaker Pete. There’s a story there. Manufactured Housing Committee.
I like this. While there are no bills being considered in today’s House Judiciary Committee, there will be presentations from both the ACLU and the Office of Defense Services. Did I mention that Sean Lynn is the chair?
Whoa. A good bill being considered in the Business Lapdog Committee. HB 24 (Bennett):
This Act would prohibit insurers and pharmacy benefit managers from engaging in the practice of “clawbacks”. When the total cost of a prescription drug to an insurer or pharmacy benefits manager is less than a patient’s co-pay, the insurer or pharmacy benefits manager keeps the difference in a practice known as a “clawback”.
That sucks, and this bill would eliminate that practice.
You’d think that this would already be law, but it’s Delaware, where ‘throwing money’ at a problem is rarely an option. HB 19 (Jaques):
…seeks to ensure that every public school in the State has a school nurse. This Act provides a mechanism to allow a district or a charter school that currently does not have a school nurse to receive State funds. This Act also permits a district to levy a tax under § 1902(b), Title 14, known as a “match tax”, to assist those districts that hire a school nurse as a result of this Act to pay for the local share of that school nurse.
It’s disgraceful that there are public schools in Delaware w/o a school nurse. It’s equally disgraceful that there is even a need to come up with this type of mechanism to close the gap. John, you’d only have to ‘throw nickels’ at this, but then you wouldn’t be true to your green eyeshade roots. House Education Committee.
HB 41(Bolden) moves state primaries from September to April. As Hmmm pointed out yesterday, the bill would take effect for the 2020 election. There has been a lively discussion here as to whether this bill would be good or bad for insurgent campaigns. I think it would be bad. I don’t think that there’s any way that Bryan Townsend defeats Tony DeLuca if this change was in effect. I also disagree with those who say that incumbents are at a disadvantage. Here’s why. The General Assembly is out of session for six weeks during what would be the height of the campaign season, end of January through mid-March, already. And nothing protects endangered incumbents more than being given a popular bill to run right before an election. I could be wrong, though. We don’t really know. But the so-called savings are negligible and do not, IMHO, justify a change. House Administration Committee.
HB 29 (Dukes). Here’s a bill I don’t like. A classic Police State bill. This bill ‘will provide that any person arrested [vs convicted] for any of these specific crimes will now be subject to DNA testing’. If you’re not guilty of anything, and there are no other justifiable reasons for taking your DNA, you should not be in the data base. Betcha I’m on the wrong side of how this ends up. Public Safety & Homeland Security Committee.
HB 25 (Matthews) ‘allows Civic Associations in unincorporated areas of New Castle County to create garbage collection districts for units in their subdivision or housing development and contract for garbage collection.’ Housing & Community Affairs Committee.
See you tomorrow for the last legislative day before Joint Finance Committee meetings. Budget smoothies all around.
“temporary stay, postponement or suspension of any payment of rent, mortgage, tax, fine, penalty, insurance premium, or other civil obligation or liability”
Favoring one group over another. Is this an equal protection under the law issue? Is this legal?
“favoring one group over another”
You mean the way seniors get a break on their property taxes? Or the way poor people get food stamps but middle-class people don’t? Where do you come up with this stuff?
Apples and oranges.
That’s all you got? That’s not an answer. Either add something of value, or go elsewhere. There may be blogs that will tolerate empty comments. We’re not one of them.
Each is an example of favoring “one group over another.” I could give more examples all day. If your purpose here is to show us how a MAGAt thinks, or fails to, you’re doing an aces job.
“Favoring one group over another. Is this an equal protection under the law issue”?
You mean a 15% corporate tax cuts to the richest of the rich (influential to Trump) is “equal”?. Let those Trumpian money-grubbers use some of those tens of billions given to them (corporate charities) to “forgive” and “absolve” those obligations. Take your hedonistic and uncaring attitude and that of your “hero” (Donald) and shove it into that empty space that in normal humans should contain a conscience. Immoral and sociopathic seems to be the dominate genes in the Trump culture of societal obligations. If one or more of these disgustingly rich corporations that worship at the pagan altar of the Donald would approach his majesty this shutdown, that hurts ordinary hard working people, their families and every small business in this country, would end today.
Crawl back into your hole where you and Mitch can frolic nakedly in your money pits.
Representative John Kowalko
Nah ha
Are you trying to suggest that the four no votes were concerned about legalities?
There’s a reason why there are separate branches of government. The legislature passes legislation, the judiciary may determine whether such legislation is legal–if someone chooses to file a lawsuit.
I don’t know. I haven’t been following the General Assembly, but when Joe Shmoe is out of work, and by the way won’t be receiving backpay, they certainly aren’t the beneficiaries of this kind of protection. And the media sure as hell isn’t out interviewing you about the hardships you are facing….I think there may be a little politics involved.
There are a lot of people out of work for only one reason–there is a government shutdown. An unnecessary government shutdown The General Assembly is trying to help them. Regardless of the politics involved, what they’re doing is right.
So should they be helping people in the private sector who have gov. contracts and are out of work because of the shutdown? How about small businesses that go without work all the time for the “one reason” that they have no contracts. (no “back pay”)
They help who they can help. First your complaint was that the General Assembly was ‘favoring’ one group of people over others. Must’ve missed when you complained that businesses that get state dollars in secrecy or police were ‘favored’ groups.
Now you complain that the ‘favored group’ isn’t large enough. You’re just trolling now. Keep it up and you’ll be gone.
Final warning.
How about them? Whining that life is unfair is pretty much all you MAGAts have, isn’t it?
Thats cold RSE.
Joe/Jane Schmoe’s employer can’t make him/her show up to work for no pay, but the federal government can. The fact that these workers are still working disqualifies them from collecting unemployment like Joe Schmoe can. Without this, those federal workers, who are still required to work, would not be able to collect the same benefits that Joe Schmoe can. The fact that they are providing services for citizens like you for no pay right now, an investment of 80k leveraged for a couple million in private sector capital, is the least that we can do. And its fiscally responsible. It’s like what would happen if Carney and a progressive had a baby.
Maybe our federal delegation can explain why this isn’t being done at the federal level. Pass a law forbidding banks from hammering these people with late fees.
Good point. BTW, LBR donated her monthly pay check to assist Federal workers in need.
Don’t like the risks of government employment? Don’t eat at the public trough. Easy enough. State employees are a great example. Complain about raises but still get pensions, generous healthcare, plenty of time off and near guaranteed employment. Unofficial time off too-just visit the parking lot of the state building around 2pm.
You sound like a downstater who was turned down for a government job.
I get wanting to help those affected by this unfortunate situation but I have a couple of problems with this.
1. We shouldn’t as Delaware be essentially relieving Congress of their responsibility to quickly get the government open for the people.
2. As I understand this bill, if someone successfully petitions the court they would not have to pay rent for the length of the shutdown and 90 days thereafter. So help one person but hurt the other(landlord)? Maybe I’m missing something?
As I read it, if someone petitions the court, the judge has several options with regard to relief. And, being logical here, if the federal employees wind up eventually getting paid … which I believe is very likely to happen, it seems the judge would direct petitioner to pay all back rent or whatever within say 30 days of receiving back pay from the feds.
There are numerous possible scenarios here but, if you look at legislative intent (which is what a court would do if there’s uncertainty) I don’t think the legislature wants federal employees to get free rent, mortgage waivers, etc., if they actually get paid.
If they don’t get paid, well, I can make a case for forgiving loan payments but not for wiping out the thousands you’ve run up on your credit card.
Legislators are making some tough calls here, and eventually the judges might have to do so as well. But these are tough times, and anyone forced to work without pay deserves some consideration.
Rethugs gonna Rethug. This is unbelievable. While the Senate passed HB 2, which required a simple majority, enough R’s failed to support HB 3, which ‘…authorizes the Office of Management and Budget to partner with financial institutions and non-profit providers to establish a temporary loan program for furloughed and unpaid Federal employees as a result of the shutdown caused by a lapse in appropriations.’ The bill had passed the House unanimously. But Senators Bonini, Hocker, Lawson, Pettyjohn, Richardson and Wilson voted no, leaving the bill one short of passage.
Seriously, these assholes have no conscience.
Shout out to the criminal justice folks I saw from the coalition of Network De, DU, Aclu and a few other groups.l lobbying today. Good job to the future of the progressive movement, looking at you coby Owens, Dustin Thompson, Kevin Caneco, Chris Johnson, KEH
Keep it up guys.
Annoymous overworked underpaid young staffer
Delaware United! Give Josh props
Mostly people who don’t have real jobs so they have time to lobby. If you are overworked and underpaid find a new job.
real job, new job, hand job.
The whole thing is such a clusterfuck. I own a condo that I rent out. I need that rent to make the payment. I don’t rent to a federal employee, but what would I do if that were the case? I want to help and I support the legislation but it would hurt me if I was the landlord. We just need the TSA to not show up one day and get all this bullshit over with!