Delaware General Assembly Pre-Game Show: Tuesday, March 23, 2021

But first, a quick look back at a productive legislative session that took place on March 18.  These bills passed and moved across the Hall to  the opposite chambers:  SB 15; HB 20; and HB 33.  Excellent bills. The fates of HB 20 and HB 33 are likely not in doubt.

However, John Carney is using Speaker Pete once again to kill the minimum wage increase…or, at best, to delay its effective date. Once again, Schwartzkopf has placed a minimum wage bill in a committee that he deliberately stacked precisely for the purpose of killing a minimum wage increase. He would only do this if Carney had told him to either kill or slow-walk the bill. Carney himself gives away the game with this quote:

“I’ve supported a $15 minimum wage for some time now,” Carney said. “The question really is, how do you get there … and how do you get there particularly in the context of the economy, the pandemic economy we find ourselves in?”

Carney said this year’s bill has tried to “strike the balance there,” and that he’s looking forward to “the debate in the General Assembly around timing.”

The truth?  He’s never supported a $15 minimum wage bill.  While he proclaims fealty to the idea of a $15 minimum wage, just like Carper and Coons, none of them have ever voted for such a thing.  He ‘supports’ the minimum wage bill in the exact same manner that he ‘supports’ Rep. Kowalko’s call for a modest tax increase for Delaware’s wealthiest.  He said he supported that idea as well, but the timing wasn’t right.  Spoiler Alert:  The timing for bills that address inequities between the rich and poor in Delaware will never be right for Carney.

That is why every organization and individual who supports SB 15 must mobilize to demand that Gov. Carney publicly endorse the bill as written, and demand that the House pass it. It will not happen without you.  The bill does not even take effect until 2022, so Carney’s professed concerns about its implementation date are intellectually dishonest.   He is not a Democrat, he has never governed like a Democrat, so it is up to all of us to demand that, at least just this once, he adopts the Democratic position on this vital issue, and do the right thing.   I’ll be writing more about this soon, including the roundup of the holdout D’s, some of whom will surprise you.

The Senate will run an agenda today. As opposed to the House, which will only hold committee meetings on Tuesday and Wednesday this week.  Especially notable are SB 76 (Sturgeon),  which ‘authorizes the distribution of testing strips to determine the presence of fentanyl or fentanyl-related substances. Fentanyl testing strips could be distributed to the community along with opioid overdose reversal medication as a harm reduction strategy in the opioid addiction crisis’; and SB 60 (Lopez), which ‘allows nurse practitioners and physician assistants to recommend medical marijuana for adult patients.’  Incremental progress, but progress nonetheless.

Which reminds me. HB 150 (Osienski) is here.  Lee-ga-lize it.  In a more hospitable committee than the minimum wage bill.  I honestly believe that marijuana legalization is more likely to become law this year than minimum wage.  Unless–you do your part.

Only one Senate committee meeting today.  Of note is SB 63 (Ennis), which limits the use of a certain kind of firefighting foam that has PFA’s in it.

Today’s House Committee highlights. A reminder–if I’ve already previewed a bill when it was in the Senate, I probably won’t repeat myself. Except when I do:

HB 7 (Minor-Brown) ‘makes permanent and temporary changes to the Adult Correction Healthcare Review Committee (“ACHRC”) which is a committee that serves in an advisory capacity to the Governor, General Assembly and the Commissioner of the Department of Correction on all matters relating to the provision of inmate health care services. The permanent changes include adding to ACHRC a healthcare professional who by virtue of the professional’s training, education, and specialization hold expertise in correctional health and allowing either a psychiatrist or forensic psychologist to serve as a member. The temporary changes address the Department’s response to COVID-19 from March 12, 2020 to March 30, 2021. This Act requires ACHRC to provide a report to the Governor, General Assembly and Commissioner a report regarding the efficacy and appropriateness of the Department’s response identifying total numbers of correctional officers and inmates who tested positive and died from COVID-19 or COVID-19 related illnesses’.  (Corrections).  I guess that Carney and his enablers found this bill preferable to HCR 3 (Lynn), which addresses the prison health care system in a more comprehensive way and got buried by Speaker Pete and Our PAL Val in their joint desk drawer.

HB 115 (Chukwuocha) ‘sets a minimum age at which a child may be prosecuted, except for the most extreme offenses. This Bill prohibits the prosecution of children under the age of 12. It also bars the transfer of juvenile prosecution to the Superior Court unless the child is aged 16 or older. The exception to the prohibition on prosecuting children under 12 and transfer to Superior Court for children under 16, is only for the most serious of charges.’  I thought we had done this already, with Sen. McDowell taking the lead.  (Judiciary).

HB 8 (Heffernan):

mandates that the Department of Natural Resources and Environmental Control and the Division of Public Health establish maximum contaminant levels for specific contaminants found in drinking water in this state. Such contaminants include PFOA and PFOS, which are man-made chemicals. In certain studies, these chemicals were found to be associated with increased risks of chronic diseases. The Environmental Protection Agency, thus far, has not established a maximum contaminant levels, but have issued health advisories. The establishment of maximum contaminant levels is essential in order to protect the health and safety of all Delawareans from contaminants in drinking water.

Jee-zus. DNREC’s not doing this already? (Forget it, Steve. It’s…Delaware.) (Natural Resources.)

HB 88 (K. Williams) does away with the Mike Ramone Rip-Off of his teen employees. (Don’t tell me that wasn’t a conflict-of-interest.) It ‘removes the training minimum wage and youth minimum wage, which takes effect 90 days after enactment’.  The bad news? It’s in the Business Lapdog Committee, along with the $15 minimum wage bill.  The good news? Serial Chamber fluffer Andria Bennett, who is on the committee, is one of the bill’s sponsors. Meaning, it should make it out of committee. At which point, it’s clear sailing.

Two mass shootings in a matter of days?  Might be a good time to bring some gun control bills up for a vote. Just an idea. See you tomorrow.