General Assembly Post-Game Wrap-Up/Pre-Game Show: Weds., April 10, 2019

Finally! Some meat on dem bones. Randall Chase reports that the D’s are gonna go all-in on some serious gun control legislation:

In addition to resurrecting proposed bans on certain firearms and ammunition magazines, Democrats also are proposing a new bill requiring anyone who wants to buy a gun in Delaware to obtain permission in advance from state officials.

Under draft legislation expected to be introduced as soon as Wednesday, any Delawarean wanting to buy a firearm would first have to obtain a state-issued “purchaser card,” which would require being fingerprinted and taking an approved firearms training course. Gun dealers, meanwhile, would be required to submit information on every gun sold and every gun purchaser for entry into a new state database.

The Democrats also have resurrected and strengthened a proposed ban on certain semiautomatic weapons that gun control advocates describe as “assault weapons” and a proposed ban on “large capacity” magazines.

President Pro-Tempore Dave McBride, who buried the assault weapons ban in an inhospitable committee last year, has reportedly promised that the bill will be brought to the floor this year. I think it has the votes to pass, especially with Laura Sturgeon replacing Greg Lavelle. Did I mention that elections matter?

Chase reports that the bills could be introduced as early as today. 

The lone highlight of yesterday’s legislative session was the passage of SB 34(Hansen), which ‘creates a Prescription Opioid Impact Fund through a prescription opioid impact fee that is paid by pharmaceutical manufacturers’. The vote was 17-4, with Senators Bonini, Lawson, Richardson and Wilson voting no.  You know one thing that bothers me? The fact that up to 15% of the revenue will go to administrative costs. It’s right there in the synopsis. That could be $300K out of a $2.5 million pot right there.

We start our survey of today’s House Committee meetings with a look at two bills that any and every Democratic lawmaker should support. While I’m not generally one for Purity Tests, if you don’t support HB 14 or HB 15, both sponsored by Rep. Kowalko, then you don’t belong in the Democratic Party.  Both bills create slightly-higher tax brackets for those making over $125K a year.  The bills are essentially identical, except that HB 14 also ‘creates a tiered reduction of the otherwise available itemized deduction based on the individual’s taxable income’ while HB 15 does not. Both bills would create a bracket of 7.1% for those earning over $125K per year, and a bracket of 7.85% for those earning over $250K per year.  Since HB 15 has more sponsors, perhaps it has the better chance of passage.  I will point out that one of the sponsors on HB 15 is Sen. Bruce Ennis, who is almost always in the little guy’s corner when it comes to economic fair play. And…uh oh, look at the membership of the House Revenue & Finance Committee. 11 members. I count 5 almost-certain yes votes: Viola, Brady, Baumbach, Dorsey-Walker, and K. Williams.  Assuming that all 4 R’s vote no, that means that either, wait for it, Quin Johnson or Andria Bennett has to vote yes.  Both, of course, were members of the Business Lapdog Committee, and consistently voted against minimum wage increases in committee. Will either or both behave like true Democrats today?  If not, there are already more than enough reasons to primary their asses. This would be one more.

Other notable bills scheduled for House committee consideration today:

*SS1/SB 48(Walsh) ‘requires that bidders for public works contracts that are above a minimum value and required to provide the prevailing wage include approved craft training programs for journeyman and apprentice levels if the contract is not for a federal highway project.’ Only Sen. Cloutier crossed party lines to vote for this bill in the Senate. Labor.

*HB 102(K. Williams) ‘allows a person who is arrested or convicted of any crime, except a violent felony, which was a direct result of being a victim of human trafficking may file an application or for a pardon or expungement or make a motion to vacate judgment.’ Judiciary.

*HCR 5(Bentz) calls for an ‘Article V convention to reverse the decision by the United States Supreme Court in Citizens United v. Federal Election Commission’. Vermont, California, Illinois, New Jersey and Rhode Island have passed similar legislation. Administration.

*The Del-Tech non-bailout bailout bill states that it is the ‘intent of the General Assembly to appropriate at least $10 million for deferred maintenance for the next 5 years to be deposited to the Fund together with such other funds as may be deposited by the College from sources including, but not limited to, tuition and fees, private funds, non-state grants and federal support.’  The bill also grants the school’s Board Of Trustees the authority to issue bonds, something the school is unlikely to do. Since, of course, the Bond Bill Committee could allocate these funds without this bill, and, since, of course, there is no obligation on the part of the General Assembly to provide these funds, this bill accomplishes nothing. Except perhaps provide a fig leaf to ‘Dr.’ Mark Brainard. Administration.

*HB 111(K. Williams) ‘allows school districts and charter schools in Delaware to utilize external camera systems on school buses to catch motorists that illegally pass school buses and punishes these motorist by issuing them a civil penalty’. Education.

Senate Committee highlights:

*Color me very suspicious of SB 61(Hansen), which:

…establishes the Transportation Infrastructure Investment Fund to provide economic assistance for renovation, construction, or any other type of improvements to roads and related transportation infrastructure in order to attract new businesses to Delaware, or for the expansion of existing Delaware businesses, when such an economic development opportunity would create a significant number of direct, permanent, quality, full-time jobs. 

Sounds like yet more state $$’s going to business with no accountability or transparency to me.  Hey, it’s Delaware. Transportation.

*SB 32(Brown) ‘prohibits the practice known as patient brokering, which is the practice where patient brokers are paid a fee to place insured people in treatment centers so that the treatment centers receive thousands of dollars in insurance claim payments for each patient’. Totally disgusting practice. Real good bill. Banking, Business & Insurance.

*HB 46(Kowalko) ‘ creates a Delaware Manufactured Home Owner Attorney Fund (“Attorney Fund”) by collecting a $0.50 monthly assessment per lot from manufactured home owners who rent a lot in a community governed by the Manufactured Home Owners and Community Owners Act. The Attorney Fund will be administered by the Department of Justice to contract with an attorney or agency who will provide legal representation and advocacy for manufactured home owners enforcing existing rights in disputes with community owners.’ Another bill that every Democrat should support. Andria Bennett, Gerald Brady and Bill Bush failed that litmus test during the House roll call. Elections, Government, and Community Affairs.

*SB 62(Ennis) ‘provides an annual cost of living adjustment for qualified state pensioners equal to the cost of living adjustment provided by the National Consumer Price Index, which also serves as the annual adjustment for Social Security benefits.’ Let’s see…I’m a state pensioner. I’m a yes on this one. Elections, Government, and Community Affairs.

By now you all know that the House never runs agendas on Wednesdays.  The Senate does, though, and here is today’s agenda.  Only one bill but, in the Age Of Trump, an essential bill. SB 35(Paradee):

…revises Delaware Insurance Code provisions related to the individual and group health insurance markets to directly incorporate into Delaware law the Patient Protection and Affordable Care Act’s consumer protections related to the following: (1) The prohibition of preexisting condition provisions. (2) Guaranteed issue and availability of coverage. (3) Permissible rating factors. This Act also ties references in Delaware law to the Patient Protection and Affordable Care Act to that law as it was in effect on January 1, 2018. This ensures the ACA’s core consumer protection provisions will remain in place during the uncertainty surrounding the ACA in light of recent court challenges.

Coming tomorrow: Early voting for Delaware?