General Assembly Post-Game Wrap-Up/Pre-Game Show: Weds., January 18, 2023

Filed in Delaware, Featured by on January 18, 2023

Hoo-boy.  So much stuff to cover, much of it bad.  Featuring at least one screed, maybe more.

First, the ‘just the facts, ma’am’ portion of the Wrap-Up, aka yesterday’s Session Activity Report.  What’s most notable is what’s not on the report, which will be the subject of Screed Number One.

But first, Kim Williams’ mostly-useless HB 35, which charges other state agencies with the task of coming up with some noise abatement ideas, passed with only one no vote (the totally-useless Rich Collins).

OK, kids, it’s Screed Time!  You may recall this brilliant analysis of Speaker Pete’s House Committee assignments.   One key element that must be emphasized is that Pete has fashioned the committees so that a no vote from any one of his key lackeys can kill pretty much any progressive bill that comes up.  Since he’s down two key lackeys from last term (the unlamented Andria Bennett and the previously-undefeated Kop Kabalist Larry Mitchell), he has placed either and/or both Lumpy Carson and Bill Bush on every single key committee.  (Time for an aside, which is actually a key part of the screed. Let me ask you a question: Do you think someone who numbers among his proudest possessions a collection of pickaninny dolls can accurately be labeled a racist? If you, as do I, answer ‘yes’ to that question, then Lumpy Carson is a racist.  I’ve seen the collection, as did many others who ‘volunteered’ when Carson ran to replace Bruce Ennis, who had been elected to the Senate, back in something like 2007.)  This racist is who Speaker Pete relies on to kill any bill that Pete doesn’t like.

This brings me to HB 37, which did not clear the House Housing Committee yesterday.  Let me first stipulate that prime sponsor Rep. Dorsey Walker agreed to the proposed amendment from housing activists to address possible loopholes that landlords could exploit.  Issue resolved.  However, Rep. Stell Parker Selby voted not to release the bill from committee, and the bill was stalled.  That’s not the main story, though.  There is a sense that Selby will find a way to vote yes on the bill.  But, guess what?  With only 7 D’s and 5 R’s on the committee, Speaker Pete still has his ace in the hole.  Because, while not at the committee meeting, Ol’ Lumpy Carson was seen skulking around Leg Hall yesterday and, yes, he’s on the Housing Committee, presumably because he lives in one.  A House, not a committee.  Meaning, the 5 R’s plus Lumpy can kill the bill even if, as hoped, Rep. Selby comes around.  Just like Pete intended.  BTW, there’s no reason why a committee can’t be comprised of, say, 7 D’s and 4 R’s except, by keeping the margins thin, one of Pete’s mindless minions can kill any bill he doesn’t want.  Gonna be a long year.

Ho-kay, deep cleansing breath and another cuppa.

It’s Bad Bill Day today.  One or two of them have a shot at passing, at least in the House.  Might as well start there.  Today’s House Committee Schedule.  There are no highlights save some minor ‘rearranging the deck chairs on the Titanic’ jots and tittles.

The lowlights:

HB 39 (M. Smith): Nothing more than a $20 mill handout to police agencies. No strings attached.  While describing how the grants ‘could be used’, there is no requirement as to how the money must be used.  Hey, it’s a one-time-only handout, so perhaps it fits within Carney’s ‘budget-smoothing’ limitations.  The police already have so many revenue streams, this is nothing but a redundant ‘grant-in-aid’ program for cops. Except, as opposed to volunteer firefighters, cops get paid.  In the House Public Safety & Homeland Security Committee, heretofore to be known as the Kop Kabal Committee.

HB 50 (K. Williams):  Bad, and really dumb.  This bill:

creates a separate offense for the theft of mail, including packages, from a residential dwelling. A first offense of mail theft is a class A misdemeanor unless the value of the stolen property is $1,500 or more, in which case it is a class G felony. A second offense of mail theft, within the previous 5 years is a class G felony, regardless of the value of the stolen property. Where a victim is 62 years of age or older, an adult who is impaired, or a person with a disability, a first offense of mail theft is a class G felony unless the value of the stolen property is $1,500 or more, in which case it is a class F felony. A second offense of mail theft within the previous 5 years is a class F felony, regardless of the value of the property stolen. Where the value of the property is more than $50,000 but less than $100,000, mail theft is a class D felony. Where the value of the property is $100,000 or more, mail theft is a class B felony. Upon conviction, monetary restitution is required and a sentencing judge shall consider the imposition of community service.

This is nothing more than charge-stacking.  Theft is already a crime.  Theft of mail is a Federal crime.  Stealing off a porch is a crime. This bill essentially makes porch-pirating a more serious crime than other forms of theft. If the victim is 62 years or older, it’s even a more serious offense.  Presumably because porch pirates all have the MiniVan app that tells them the age and sex of the victims. What a stoopid provision.  BTW, can anyone tell me what anyone would have delivered to their porch or front door that’s worth anything approaching $50K?  Remember, theft is already a crime, and theft of mail is already a Federal crime.  So, what, exactly, is the purpose of this bill?   Kop Kabal Committee.

HB 42 (M. Smith): Another ‘let’s starve public education’ bill.  HB 42 ‘removes the up to 10% increase in school property taxes allowed after reassessment.’  The fiscal note on this one? “Indeterminable”.  The only good news is that all of the sponsors are Rethugs.  Don’t think it’s making it out of the House Education Committee.

Two key bills on today’s Senate Committee Schedule, including one dealing with state retirees’ benefits:

SB 27 (Sturgeon):

increases the statute of limitations for filing an action for recovery upon a claim for unpaid wages from 1 year to 2 years, making it consistent with the statute of limitations under the federal Fair Labor Standards Act, 29 U.S.C. §§ 201, et seq. Many employees who are terminated spend the first period of unemployment attempting to secure other employment. After this focus on finding employment ends, 1 year may have passed or be about to pass, preventing employees who are owed wages from a previous employer from seeking legal redress.

Good bill. Senate Labor Committee.

Finally, and most notably, we have the ‘Official Leadership Response To The Carney/DeMatteis Plan To Screw State Retirees’.  ‘Official’ in the sense that sponsors are the bipartisan leaders of the House and Senate.  Although, perhaps notably, neither Sen. McBride nor Sen. Pinkney, who have been added to the expanded Senate Executive Committee, are listed as sponsors.  The bill ‘(e)xpands the membership of the State Employee Benefits Committee by adding a state retiree to the Committee and adding an additional representative from public sector union organizations’; and ‘(e)stablishes the Retiree Healthcare Benefits Advisory Subcommittee of the State Employee Benefits Committee, whose membership will include three state retirees and four members of the General Assembly, and whose charge includes holding public meetings and issuing recommendations to the Governor and the General Assembly by May 1, 2023.’

The questions, of course, are (a) Is this enough and (b) what more can/should the General Assembly do to protect retirees from the scam that is Medicare Advantage, which is the Carney/DeMatteis preferred alternative.  Because neither of them give two shits about state retirees.   While I don’t know, I’m pleased that the newly-formed advisory committee will make its recommendations by May 1.  That way, we might not have to ‘kick the can down the road’ for another year. I’m sure that today’s Senate Executive Committee will be well-attended.  Gonna try to catch it online.

The bill is also on today’s Senate Agenda, assuming it gets released from committee.  Why?  Because they’re trying to get it passed before they recess for JFC by the end of next week.  I see the bill as progress, and I support it.

Finally, we even have a rare House Agenda today, since tomorrow will largely be taken up by John Carney’s State Of The State Address.

1400 words challenges my attention span and, no doubt yours.  So I’ll stop now.

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  1. Jason330 says:

    hoo boy… Kim William’s RIPPED FROM THE HEADLINES bill should be called the “Look at ME!, Kim Williams!! I’m Legislating! “

  2. Paul says:

    While I have no idea of the thought behind the Bill or need going forward, theft of packages is only a federal crime if it involves the Post Office. If UPS, Fedex or Amazon deliver a package, I believe that the value of the package would determine the level of crime as is outlined in this Bill even though it is unknown until the package is open and follows State law. There is also a question as to the affected person since the package belongs to the shipper until the recipient acknowledges receipt. The shipper also has a service contract with the delivery company which makes them financially responsible to the shipper until receipt is acknowledged. Again, hopefully this Bill is meant to clear up private delivery penalties versus Post Office delivery.

  3. I’m watching the Senate Executive Committee. There’s this asshole, Larry Mayo, who basically castigates the General Assembly for not getting around to changing the Constitution earlier on the change to the minimum age for voting.

    So, I looked him up. Among other things, he ‘taught’ his version of constitutional law to Lauren Witzke. His own education in Con Law?:

    ‘The School of Hard Knocks’. I’m not making this up:

    https://www.facebook.com/larry.mayo.56/

    His institute?:

    https://theamericanview.com/

  4. The one-minute time limit on comments on SB 29 is too short. Creates the impression that the decision to release the bill has been pre-ordained. Likely an accurate impression.

  5. Widespread opposition to a May 1 deadline and to any involvement with Medicare Advantage.

  6. Karen Peterson: At least grandfather current retirees into the existing plan, just like has been done with pension plans.

  7. What was clear to me is that there’s a lack of trust between retirees and the policymakers.

    I still think the the bill is a good idea (it will have a couple of amendments added that the retirees seemed to like), but I think deliberations should begin with the notion that the Carney/DeMatteis embracing of Medicare Advantage is a non-starter. I mean, anybody who reads understands that it’s a scam. Do Carney and DeMatteis not read? Unless it’s a ‘think piece’ from the Concord Coalition and/or The Third Way?

  8. gary myers says:

    I have to cast my lot with Larry Mayo on the somewhat unbecoming effort to rapidly push through SB 26. Sure it amends the DE Constitution to lower the voting age to 18 in sort of a four decade late catch-up to the adoption of the 26th Amendment to the federal Constitution. But there are additional voting requirements in same Section 2 of Article 5 of the DE document that clearly violate other current Congressional laws and Supreme Court rulings from the 1970s. SB 26 continues in force provisions in the State Constitutional section that impose both durational residency requirements and even literacy tests for voting. Congress and the Supreme Court did away with both these requirements back in the early 1970s. DE has not enforced them since then, But for some reason, SB 26 continues them in the constitution’s text. In doing so, one can easily argue that that suggests implicitly a continued endorsement of these old exclusionary practices, Can someone explain why this “clean up” of antiquated State voting requirements was just half-assed. Who needs more continued zombie constitutional provisions related to voting? It is a perplexing situation that either suggests either a real misreading of federal law and Supreme Court cases or some other unfathomable goal.

    • You’re not with Larry Mayo then. He argued that the General Assembly had been derelict in their duty for not doing this before.

      As to why it was ‘half-assed’, it was sponsored by RWNJ Sen. Richardson, with ‘constitutional’ input from Larry Mayo.

      Thanks, as always, for bringing something insightful to the table. BTW, this is the second leg, meaning it passed in identical form in the previous General Assembly.