General Assembly Post-Game Wrap-Up/Pre-Game Show: Wed., March 6, 2019

Filed in Delaware, Featured by on March 6, 2019

As portended by yesterday’s sparse agendas, it was a slow day in Dover Tuesday.  Here is yesterday’s session activity report.

So much intriguing legislation will be considered in committees today. Take a deep breath. We’ll start with the House Committees.

Damn. The House Administration Committee meeting has been canceled. The committee was set to consider two good bills that would make it easier to vote and to register to vote. Don’t panic, I’m pretty sure these bills will be considered soon.

OK, here are the bills that interest me:

*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.’  While most legislation pertaining to manufactured housing has been bipartisan, the sponsors on this bill are all D’s. Manufactured Housing Committee.

Not so crazy about HB 54(Briggs King).  The bill is designed to provide more funding for the Delaware Justice Information system.  Here’s what I don’t like: “When a fine, penalty or forfeiture is suspended, in whole or in part, the penalty assessment shall not be suspended.” Uh, that doesn’t seem fair. House Judiciary Committee.

Here comes that Mikey Ramone again.  HB 32 ‘decreases by 1% the rate of realty transfer tax to be received by the State, thereby returning to the rate that was applicable prior to August 1, 2017.’ And, according to the Fiscal Note attached to the bill, it would decrease revenue to the state by between $74 million and $80 million annually over the first three years that the bill would be in effect. All Rethug sponsors, of course. House Revenue & Finance Committee.

Following along the same revenue-reducing path, HB 27(Briggs King) ‘allows real property tax itemized deductions to continue in Delaware notwithstanding recently enacted changes to federal income tax laws.’  The federal law in question? The so-called ‘Federal Tax Cuts And Jobs Act of 2017’. The hit to state coffers should this bill become law? Between $15.6 mill and $18.7 mill annually. Again, all Rethug sponsors. House Revenue & Finance Committee. If both bills pass, the state will lose somewhere between $90 mill and $100 mill annually. Hey, there’s easily that much in ‘waste, fraud and abuse’ to cut, according to the R’s.

Highlights from the Senate Committee schedule:

*The latest chapter in the ongoing Underground City At Fort DuPont saga has made its way across the Hall from the House to the Senate. I have lost faith that there will be any legislative oversight of this boondoggle. While this bill appears relatively benign, the public commitment of resources to this project is not. Senate Environmental & Natural Resources Committee.

*Legislation moving statewide primaries from September to April will be considered in the Senate Elections,  Government & Community Affairs Committee.  The bill passed the House by a 36-5 margin. However, passage is far less certain in the Senate. While 18 representatives sponsored the bill, only two senators (McDowell and Pettyjohn) signed on.  It’s not even a slam-dunk that the bill gets out of committee.  I wonder if any amendments will be introduced.

*SB 22(Townsend) would enable Delaware to join the National Popular Vote Interstate Compact.  The compact would only become operative once states (plus DC) within the compact have more than a majority of the electoral votes required to elect a President. 11 states plus Washington, DC have already joined, and they collectively comprise 172 electoral votes. It goes without saying that, had the Compact been in effect in 2016, Hillary Clinton would be president today.  Horrible, but not as horrible as what we have.  Elections, Government & Community Affairs Committee. BTW, this bill has tentatively been placed on the Senate Agenda for Thursday should it clear committee today.  BTWBTW, if you can judge a bill by its opponents, this screed from pigeon-maimer John Sigler should make you feel much better about this bill. And for those of you who are not familiar with the ‘pigeon-maimer’ reference, have at it.

*Hoo-boy. Here comes SB 25 (Townsend),  which ‘restricts access to tobacco products and tobacco substitutes to individuals under age 21…‘.   Here’s what the bill does:

1. Prohibits sales of tobacco products or tobacco substitutes to individuals who are under 21. 2. Imposes a civil penalty for sales to individuals between the ages of 18 and 21. 3. Repeals the ability of a parent or guardian to purchase tobacco products or tobacco substitutes for a minor. 4. Revises the framework by which an employer may use an affirmative defense to the improper sale of tobacco products or tobacco substitutes, aligning the affirmative defense with the minimum age increase. 5. Adopts best practices for enforcement measures by modifying the prohibition against the purchase of tobacco products by minors. 6. Prohibits individuals under age 21 from entering vapor establishments.

I hate the term ‘nanny state’, but if any bill could conjure up that phrase, it’s this one.  Whaddaya all think about this issue?  Senate Health & Social Services Committee.

*Two phony ‘right to life’ bills conclude our journey through the Senate committee process. This one and this one.  Red meat for the Downstate Droolers. They ain’t goin’ nowhere. Senate Sunset Committee.  It’s quite possible the vote on each could be 5-0 against releasing them.

While there is no House Agenda on committee days, the Senate may well consider the following nominations:

UNIVERSITY OF DELAWARE NON-GUBERNATORIAL NOMINEES
APPOINT;
Christopher Baker
APPOINT;
Guy Marcozzi

REAPPOINT;
Carol Ammon

STATE BOARD OF ELECTIONS
APPOINT;
Cimone Philpotts

DELAWARE INTERSCHOLASTIC ATHLETIC ASSOCIATION
APPOINT;
Courtesty Little

REAPPOINT;
Paul Breeding.

BTW, any Scott Goss sightings in Leg Hall?  Either as a flack or as a reporter? He didn’t write this morning’s story on the smoking bill.  Meredith Newman and Leanna Smith did.  Should we send out a search party? Or have a party?

 

 

 

 

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    • jason330 says:

      Goss must have pulled the old. “Thanks for the job offer, I accept. BTW, I have these non-refundable plane tickets and a vacation booked for the day I’m supposed to start…M’kay?”

      • SussexWatcher says:

        Probably more that he had leave time banked that he had to take or lose. I doubt Gannett pays out unused leave. And he can’t work for the Dems while still on the newspaper’s payroll. Just a guess.

  1. Arthur says:

    RE: ” HB 32 ‘decreases by 1% the rate of realty transfer tax to be received by the State, thereby returning to the rate that was applicable prior to August 1, 2017.’” is this the additional monies the state collected from the counties thereby reducing the amount of funds the county received? will these funds be returned to the counties?

  2. Delawaredude says:

    Thanks for the update.

    Ugh not so high on this tobacco bill. I mean we let people vote and go to war at 18 but apparently they don’t have the mental ability to know whether smoking is bad or not? Nah, a little to much state for me.

    That primary bill is interesting, I still say it passes since it got through the House with so much support, (kind of surprised it got 35 votes) Poore may be worried about a primary on her left and push it through.

    Kowalko’s bill just doesnt make sense to me but we will see…..

    • Alby says:

      Why does Kowalko’s bill not make sense?

      As someone who covered the controversies around land-rent housing off and on for years, the problem for homeowners is that park owners tie things up in court for years, knowing that a lot of the activist homeowners are retired and won’t live to see the end of their lawsuits, so the activism against the park owners waxes and wanes. This funds a way of keeping the pressure on perpetually.

      • Arthur says:

        when it comes to the beach trailer parks i dont know why the land owners dont sell. sure they make millions in rents, but the headaches arent worth it.

        • Alby says:

          The last state-by-state survey found that more than 11% of Delaware’s housing units were manufactured, which put us 13th on the list. South Carolina is highest.

        • Dave says:

          The Rob Tunnell family owns 6 manufactured home communities, plus single family home – Baywood. All together he has about 4,000 homes at an average land rent of $1,000. That’s around $4M per month or somewhere around $50M per year. They’ve been in this business since the mid 60s. So 40 years worth is somewhere around $2B. It’s a revenue stream for the family that continues without end that allows them to do whatever it is they wish. Old man Tunnell does have any headaches. He has people to suffer the headaches for him.

          The guy lives down the road from me. Beautiful estate/house/whatever. A quick anecdote. Years ago old man Tunnell (Tunnell I, the current is Tunnell III) wanted to join a country club and was refused (he had money but he was a Sussex Countian). So he went out and built his own championship course, which is billed as “Exclusively Public”. Beautiful course. Not sure how true the story is, but the course is exquisite.

          • jason330 says:

            No doubt he is rich as fuck – but you mean to tell me that people pay $1,000 a month rent for the SITE?

            • Dave says:

              Some pay more, especially if it’s waterfront. Generally most are in the 800 to 1000. It’s not just for the site though. There are lots of amenities (https://www.potnets.com/)

              • Alby says:

                It’s like a condo, but instead of possibly appreciating, a manufactured home on rented land depreciates, like a car. After 20 years it’s like trying to sell an old Toyota.

              • Dave says:

                True. You are basically a hostage. Can’t move it and can’t sell it. But it works for many folk.

              • El Somnambulo says:

                And Kowalko’s bill would help provide them with legal assistance from those who would exploit them. In other words, it’s a good bill and a good Democratic bill.

              • Alby says:

                Only a hard-case fuckwit would think otherwise.

  3. Nancy Willing says:

    Posting on this thread as apropos of a champion of much and of little-to-nothing but most noted in positive terms for his push for an Inspector General in the mid 2000s when the GOP was still in control of the Delaware House.

    In case you missed it, Gerry Fulcher was laid to rest in the NCC Potters Field behind Baylor Women’s Prison at 9 am this morning. I am working on an obit piece for him as the News Journal only posted a notice of death.

    https://www.legacy.com/obituaries/delawareonline/obituary.aspx?n=gerard-t-fulcher&pid=191669710