General Assembly Post-Game Wrap-Up/Pre-Game Show: Tues., April 23, 2013
The big news, which has already been discussed elsewhere on our site, is the passage of HB 35 in the Senate, which would mandate criminal background checks for most gun purchases in Delaware. I have little to add to the excellent discussion already taking place on our award-winning blog, other than to point out to the fine citizens of western Brandywine Hundred and Chateau Country that they are represented in the Senate by a cross between Rick Santorum and western Sussex County (cross reference intentional). Monsignor Greg Lavelle, who is his constituents’ cross to bear. He’s up for reelection in 2014. Just thought I’d point that out.
On the comedic front, phony patriot John Atkins’ desperate attempt to protect the American Flag from, I don’t know, Agenda 21, attracted 33 drones in the House. Here is the roll call.
Here is the entire session report for Thursday. I notice that SB 21(Henry) made it out of committee, no doubt to the great chagrin of Gov. Scott Walker, Jack Markell. Good.
One bill dominates the upcoming legislative week. Both because of its import and because of the relative dearth of other pieces of notable legislation.
HB 75(Smith) would legalize gay marriage in Delaware. The bill is on today’s House Agenda. I believe that the votes are there for House passage. The question is whether certain wavering legislators listen to their constituents and, in most cases, to their consciences. Or will they give in to the arguments of the religious absolutists? Here are some who were wavering. Please let me know if they’ve committed to support HB 75 since I first posted this:
Charles Potter, 1st RD: He has been a strong advocate for civil liberties, there are many marriage equality supporters in his north Wilmington district, but he has not yet taken a position;
Deborah Hudson, 12th RD: She has generally been a moderate on social issues and, again, there are many marriage equality proponents in her Chateau Country district;
John Mitchell, 13th RD: He was ‘almost’ Speaker, and he could wind up there someday…if he does the right thing;
Joe Miro, 22nd RD: This Pike Creek R has lots of marriage equality proponents in his district.
And if you support HB 75, but haven’t contacted your legislator, why not? BTW, major props to Reps. Mike Ramone and James ‘J. J.’ Johnson. Both have made clear that they support HB 75 since I posted my initial list last week, and that their votes are not in question. I’m putting the over/under at 24 yes votes. Ladeez and gentlemen, place your bets.
Here is today’s House Agenda. The only other substantive bill (as opposed to technical housekeeping stuff) is HB 42(Barbieri), which ‘adds adult aunts and uncles to the list of relatives who may act as a surrogate to make health care decisions for an adult patient if the patient lacks capacity and there is no agent or guardian…’.
Today’s Senate Agenda features HB 40(Keeley), which ‘extends the Automatic Residential Mortgage Foreclosure Mediation Program and the Office of Foreclosure Prevention for four additional years beyond the current sunset date in January 2014’. A big priority for Attorney General Beau Biden.
That’s it. You can catch me on the Al Show today from 10 am to 12 noon on WDEL 1150-AM. We’ll talk background checks, marriage equality, and…taking the bite out of crime in New Castle County, Grimaldi-style.
Tags: David Grimaldi New Castle County, El Somnambulo, marriage equality Delaware, Steve Tanzer Delaware
I believe the flag bill stems from this: http://www.delmarvanow.com/article/20120815/DW01/120815002/Sussex-man-stands-up-his-flag?nclick_check=1 (only partial article, sorry)
Or the two situations in Millsboro where Veterans have been threatened by their HOA that has been constantly covered by WXDE and downstate media. You would think the author of this post would do his homework before writing this. Selbyville and Millsboro are both in the 41st. How dare Atkins introduce a bill that protects and benefits his constituents.
You mean, how dare his constituents live by the tenets of the contracts they signed. Some pigs are more equal than others.
Geezer, doesn’t surprise me you would side with a out of state HOA rather than siding with a homeowner being able to fly the American Flag from a flagpole in his front yard on the property he owns. Are you aware that they gave him written permission then after he had it installed they threatened to sue him according to your downstate sister station? If not do your homework. You look silly on this issue.
What’s silly is putting together an omnibus bill like this b/c one person has their nose out of joint.
No I don’t. I know an asshole standing behind a flag when I smell one.
If you buy in a deed-restricted neighborhood, you have to obey the rules. Oh, wait. I forgot. “Patriots” are more equal than others.
And I doubt he “owns” the property. His bank does.
Plus, most legislators would try to get the parties together and resolve it amicably. Constituent services, if you will. Works about 95% of the time on something like this.
Atkins does not look for amicable resolution, he looks for anything that affords him the opportunity for self-aggrandizement and grandstanding.
“out of state HOA”
How the heck can a homeowners association be out state?
Further, he was not told he could not fly his flag, only that it had to be flown from the porch at a 45 degree angle and not on a flag. This condition was contained in his declaration documents which was provided to him at the time of purchase and which he agreed to abide by in writing as is required by law.
So, either he did not read what he was signing or he thinks he is special and entitled to that which others are not entitled to to the extent that the rules don’t apply to him. The second case was someone in public housing who violated the terms of his lease with the Delaware Public Housing Authority.
See, both cases deal with special people who are entitled. I guess the difference is the laws apply to some people and not to others and some entitlements apparently are acceptable.
Consider also that Atkins is trying to win back the patriot-liberty-freedom types who went for Rich Collins last year and almost kicked Atkins out.
Dave, many Home Owners Asscociations are run by out of state development companies until a certain percentage of lots are sold. Many times this takes years to turn it over to the people who actually live there. If I read the bill correctly it clarifies that they can also fly it from a pole.
SussexWatcher wrote:
“Consider also that Atkins is trying to win back the patriot-liberty-freedom types who went for Rich Collins last year and almost kicked Atkins out.”
Ding, ding, ding, we have a winner.
Any news on when the minimum wage bill may get a committee hearing?
Great question, Ezra. Didn’t see it on tomorrow’s committee schedule at first glance.
But, now that the Governor has signed off on it (and, to a major extent, gutted it), I can’t see it being held up.
realist,
Rules against a flag pole is not a prohibition against flying a flag. A community has rights to define what is appropriate in terms of design. This is not flag case. It is little more than a battle over things like what kind of fence one can build in a development. The residents/owners knew the rules before they moved in. Now they believe the rules don’t apply to them. Apparently you support their view that they are above the rules. Noted.
If only this was the biggest problem facing Sussex County.
Good question Ezra. I assume it’s up to Bryon Short to decide when to bring it up in committee.
Yes Dave, put me in the catagory that thinks flying the American Flag is more important than some stupid HOA rules.
realist,
That’s totally cool. And it’s totally cool for that guy too. But if it’s so important HE should rethink his housing. The housing shouldn’t have to change all it’s pre-established rules for him.
There are plenty of places that don’t have those sorts of rules.
I love llamas. According to local zoning I can’t have llamas in my yard. If I want that llama I should move somewhere where I can have a llama, not challenge the zoning for my patriotic right to llama ownership. I would name him Ted.
V wins the thread!
Perhaps the homeowner, being a member of the HOA, could seek to have a HOA rules change rather than go all “big gov’t” on the neighborhood.
“put me in the catagory that thinks flying the American Flag is more important than some stupid HOA rules.”
@realist,
How about I put you in the category of those who can’t comprehend that it’s not about flying flags, it’s about flag poles, specifically the type of pole.
Or were you joking and you really to understand that? I hope you were joking because I don’t want to think you are du..well let’s not go there.
Well 35 Representatives supported it for a overwhelming majority, so they agree he should be able to fly his American Flag (from a pole in the yard) game over……on to the Senate.
Well,33 to be exact.
Wouldn’t be surprised to see this bill get killed in committee.
Back to HB 42–I realize this is to protect a niece or nephew who falls under incapacities as a “family responsibility”, in absence perhaps of a parent who cared for this now adult.
I just wish they would add the reverse. Spinster sisters/confirmed bachelors who have very loyal nieces and nephews looking after them–because I just know in our family my children will be doing this–and with no legal recourse. I’ll be as old, older, or as sick, sicker to look after my fellow siblings. My kids ADORE their aunts and uncles, and it has always been the understanding of the shared care. The hang-up? Assets. They would stand to collect, will or no will–and it messes things up for health care proxy.
No, they agreed the he should be able to put a pole in the yard. He could always fly his American flag. You can make all the noise you want about the American flag. That doesn’t change the fact that it’s still only about a pole. I suppose you could write a piece about the Patriot Pole or something.
After reflecting on this last night, I offer the following:
When it comes to patriotism, the size of one’s (flag) pole doesn’t matter.
“put me in the catagory that thinks flying the American Flag is more important than some stupid HOA rules.”
IN other words, you are in favor of breaching a contract. Is that a conservative position, or just yours?
Where is the outrage when HOAs ban clothes lines? I believe the bigger the flag the bigger the false patriotism. I also believe the most serious form of flag desecration is practiced by politicians who wrap themselves in the flag, basically saying if you disagree with me you are unpatriotic.