Tag Archives: Delaware General Assembly

DL Endorsements for the General Assembly

Matthews.Peterson.Olsen

We have a few primaries in races for the General Assembly that we, as liberals and progressives, would like to weigh in on. We have an open seat in the 9th Senatorial District, a challenger to Speaker Schwartzkopf in the 14th Representative District, and a rematch between current Representative Sean Matthews and former Representative Dennis Williams in the 10th Representative District.

9th Senatorial District

Nobody can replace retiring State Senator Karen Peterson, who is one of the very few legislators who made history and who made this state and its people all the better for having served.  Two Democrats are vying for the nomination to succeed Peterson: Caitlin Olsen and Jack Walsh. Peterson has endorsed Olsen, and her judgment has rarely gone awry.

Olsen also demonstrates promise as someone who will focus on family issues.  She has assisted women in filing protection orders and has worked for Prevent Child Abuse Delaware.  She holds an MPA from the University of Delaware with a focus on non-profit and community leadership.  She also worked as a Legislative Fellow with the House Democratic Caucus in 2011.

Her opponent, Jack Walsh, is a union electrician and active community volunteer. Like Olsen, he is a lifelong Delawarean and has lived within the senate district his entire life.  He has pledged to carry on Peterson’s agenda.  One notable difference between the two is that Olsen has promised to focus on the education crisis when elected while Walsh has publicly said that he is ‘studying the issue’.  Both candidates appear to be worthy successors.  However, on the strength of Olsen’s background, familiarity with the legislative process, Peterson’s endorsement,  her potential, and what we believe is Olsen’s stronger grasp of the issues, Delaware Liberal endorses Caitlin Olsen for the 9th Senatorial District.

10th Representative District

Two years ago, Sean Matthews defeated incumbent Dennis Williams (the other one) for this seat.  Matthews, who was a huge instant upgrade over Williams, became one of the leading education reform advocates in Dover and was also one of the most progressive legislators in the General Assembly.

Williams, OTOH, proudly proclaimed that he couldn’t be bothered to read all of the bills that came before him, which in and of itself is OK, few do,  but publicly stated (at a Drinking Liberally get-together, no less) that he hadn’t even bothered to read the most important education bills facing the General Assembly. Which is perhaps why his votes on education were so misguided. And definitely why DL backed Matthews two years ago.  Sean has not let us down.

For some reason, Williams has decided to run again. He offers nothing to the voters of his district. It’s all about him, not about his constituents.

Sean Matthews offers progressive leadership and is one of the most promising young figures in the Democratic Party. He has consistently voted with the progressive wing of the caucus. He deserves to win a resounding victory in this primary.

14th Representative District

Speaker Schwartzkopf rarely faces Republican opposition in his races for reelection, yet alone a primary challenge. But he’s got one this year and in our opinion, Democratic voters in the 14th RD should take this chance to thank Mr. Schwartzkopf for his service and send him into retirement. Why?

Because a Democratic leader should not be delaying or impeding the Democratic agenda, and that is what Speaker Schwartzkopf has done with respect to the repeal of the death penalty and raising the minimum wage to $10 an hour. Both bills were sent to committees were they allowed to die in 2015, though the threat of a petition allowed the death penalty repeal bill onto the floor for a vote in 2016. Thankfully, the Delaware Supreme Court has ruled Delaware’s death penalty unconstitutional. But how many of us are willing to bet that Speaker Schwartzkopf will allow a Republican bill to reinstate the death penalty to come to the floor faster than he let the repeal bill? How many want to bet he will vote for it?

Likewise, efforts to reform Delaware’s non-progressive tax structure (where those who earn $60,000 and $6 million a year pay the same top tax rate) so as to give the state much needed new revenue have also been met with resistance by the Speaker. To put it simply, Speaker Schwartzkopf is not a progressive. We could live with that, given his district’s location in Sussex County, if he were not the Speaker. But as the Speaker, he is the leader of all Democrats in the General Assembly. And he is the wrong leader of the party for this time. The party is a liberal and progressive party now, not a moderate or a conservative one. It should be led by someone who shares those values and wants to see the Democratic agenda advanced in the General Assembly, rather than by someone who wants to hinder it. And that goes for Governor Markell too, who record is progressive on social issues so as to cover up the fact that he is a conservative on economic ones.

Schwartzkopf’s primary opponent, Don Peterson, is a progressive Democrat who is hoping to walk in Bryan Townsend’s shoes. You see, Bryan Townsend ran a strong grassroots primary campaign to knock off a Democratic leader in the Senate who was similarly blocking the Democratic Agenda. Peterson supports a higher minimum wage, progressive tax reform, criminal justice reform and the repeal of the death penalty. These policy positions are the reason we at Delaware Liberal support him. But there is another, almost as important, reason.

As Don himself stated in his own Delaware Voice column back in May in the News Journal, he is challenging the old school old-boys-club Delaware Way of party politics that Schwartzkopf and Delaware Democratic Party Chairman John Daniello favor.

In January, the Democratic committee for the 14th district took the unprecedented step of endorsing Schwartzkopf before anyone even had a chance to file as a primary candidate. And to make matters worse, they did so in direct violation of their own committee guidelines that were adopted unanimously in 2010: “Given that the Democratic candidates for office are typically highly committed and effective leaders, it shall be the general policy of the 14th District Democratic Committee not to endorse nor recommend for endorsement Democratic candidates running in primary elections.”

And even if there is a “compelling reason to endorse,” such an endorsement may only be made after the committee has reviewed “all Democratic candidates who are running in the primary.” Clearly, that cannot happen until after the candidacy filing date, which is July 12.

Why did the committee give an early endorsement to Rep. Schwartzkopf in direct violation of its own longstanding policy? As clearly stated at the meeting (I was there) to keep anyone else out of the race and allow the incumbent to preserve his resources.

In other words, to protect Pete Schwartzkopf from a primary. From accountability to his Progressive base. Given the Speaker’s record, he had good reason to suspect he might face a Progressive challenge this time around, and so, while he denies any involvement or forehand knowledge of the 14th RD’s early endorsement, we quite simply do not believe him.

Preventing the emergence of new leaders may be the “Delaware Way” but it’s hardly the essence of the democratic (or Democratic) process. [I] had just recently had a confrontation with [former Sussex County Administration and Schwartzkopf supporter Joe Conaway] at a candidate forum at the Sussex County Democratic headquarters. As soon as he saw me, he became visibly angry: “Who do you think you are? You have no business running against Pete Schwartzkopf! I used to run this county, and I’m going to do everything I can to see that you lose.”

Conaway epitomizes the old Delaware Way – the good ol’ boys with their backroom deals, party elites fighting desperately to hold onto power and maintain the status quo. People like that believe the party establishment gets to decide who runs for office.

Bryan Townsend upset the Old Delaware Way in 2012. Here’s hoping that Don Peterson can do it again.

Delaware General Assembly Post-Game Wrap-Up/Pre-Game Show: Tues., June 14, 2016.

Looks like we might get those April primaries after all.  HB 375 (Bolden) passed the House Thursday with only two no votes (Bennett, Collins). Recognizing that the General Assembly virtually never does anything that is not in the political interests of its members, the members must view this as added incumbent protection.  Challengers certainly won’t be able to knock doors until 8 pm if the new schedule is enacted, so maybe that’s one of the elements they considered. The bill has already been assigned to a Senate committee and is scheduled for a Wednesday hearing, so it’s on the fast track.  I did not see this coming.

One other note from Thursday.  Sen. Hocker sponsored a bill that would help maintain Delaware’s waterways by raising annual boating fees.  The current fees are really low.  For example, the bill would raise the fees for 65-foot vessels (that’s pretty big, isn’t it?) from $60 annually to $120 annually.  Smaller vessels would receive smaller fee increases. The bill would raise about $1.3 mill a year.  My point is that there was one no vote.  Colin Bonini.  I take that to mean that he would not maintain Delaware’s waterways for boaters should he become governor.

Today’s House Agenda leads off with a bill that increases penalties for talking or texting on a hand-held device while driving.  I support the bill, although I question the assertion that ‘novice drivers’ are most likely to ignore the law. Based on my observations, virtually everybody ignores the law. The bill also adds points for a second offense and thereafter. Good.

The agenda is highlighted by two anti-discrimination bills.  HB 316 (Heffernan)  ‘makes it clear that an employer is expressly prohibited from taking adverse employment action against an individual based on his or her reproductive health care decisions.  HB 317 (Rep. K. Williams) ‘prohibits discrimination in employment based upon an individual’s caregiving responsibilities’.

 HB 400 (Baumbach)  incrementally, and I mean incrementally, expands the use of marijuana oils for minors.  This time,  by ‘by classifying pain, anxiety, or depression, if related to a terminal illness, as a qualifying condition in the Delaware Medical Marijuana Act for patients under the age 18, who will still be restricted to using CBD and oil products.’  The only thing objectionable about this bill is that it accepts the notion that any minor who could incidentally ‘get high’ via governmental imprimatur must be prevented at all costs.

Today’s Senate Agenda features two bills that would provide ‘urgent and preventative’ dental care to Medicaid recipients.  SB’s 142 and 148 (Hall-Long) together would cost the state about $8 mill annually.  I’m assuming that they’re being considered now b/c the Joint Finance Committee has included that funding in the budget.

And now we come to an important proposed constitutional amendment, sponsored by Sen. Peterson.  SB 190  ‘provide(s) for equal protection regardless of race, sex, age, religion, creed, color, familial status, disability, sexual orientation, gender identity, or national origin’.  According to the synopsis, ‘(t)his Act enshrines the value of equality in the Delaware Constitution and will cause any unequal treatment of or discrimination against members of the protected classes listed to be subject to the strictest scrutiny.’  This is the first leg of the consistutional amendment, and would have to pass in identical form in two consecutive General Assemblys.  It’s a 2/3 majority bill, so I don’t know if there will be enough votes to get it through this year.  We can help by contacting our senators.

Lotsa interesting bills in committee this week. In the interest of my sanity, I will, unless otherwise noted, consider only Senate bills in Senate committees and House bills in House committees as I’ve presumably previously discussed bills that have already passed one chamber.  Let’s run down the key bills:

Senate Committees:

*A real good bill from Sen. Bryan Townsend. SB 224  ‘requires political committees to report a contributor’s occupation and employment information. This is already a requirement in federal campaign finance law. If only a contributor’s name and address are disclosed (without occupation and employer), it is difficult to determine which industry, company, or group is funding a candidate. This will assist in furthering transparency and disclosure in the electoral process. It also addresses the obligation of the reporting candidate and treasurer’.  Let’s see who is serious about transparency.  My guess? Not enough members of the General Assembly, but I’m prepared to be pleasantly surprised. Senate Administrative Services/Election Committee.

*As predicted, Claymont indeed is the first community to avail themselves of the recently-enacted bill providing for the creation of “Complete Community Enterprise Districts “.  SJR 12 (McDowell)  ‘endorses the TIGER (U.S. Department of Transportation’s Transportation Investment Generating Economic Recovery) grant application for funds for the design and construction of the Claymont Regional Transportation Center’.  The idea is to transform much of what used to be the Evraz steel plant into a state-of-the-art rail/transportation hub. Anyone who has used the Claymont Train Station knows just how obsolete it is. Senate House Transit & Energy Committee.

*Hmmm, this bill appears to be a reaction against the cynical manner in which the General Assembly went about using the housing settlement funds to patch holes in the budget instead of dedicating it to those who were impacted by the S & L scandal.  SB 273 (Townsend)  is the first leg of a constitutional amendment  that would:

limit the ability of the State to appropriate moneys in a special fund with a dedicated revenue source and with a limitation on the amount or percentage of the revenue source that may be used for non-capital operating or administrative expenses. This Act essentially creates a lock box on these special funds that can only be opened by the agreement of three-fourths of all the members elected to each House through legislation separate from an annual budget act, bond and capital improvement act, or grants-in-aid act.

In the Senate Executive Committee.

*SB 168 (Townsend) would include DELDOT workers who ‘work on interstate, expressway, arterial, and collector roads in the classification of employees who are eligible to receive hazardous duty pay’. The bill is in the Senate Finance Committee b/c it couldn’t be worked until/unless the Joint Finance Committee approved funding, (about $2.5 mill a year), which it recently did, for this. The bill will benefit roughly 1,000 DELDOT workers.

House Committees:

*Well, they’re gonna try again to permit direct wine shipments to consumers, which is what HS 1/HB 134 (Hudson) would do.  While they’re at it, they might also want to poke their collective heads out of the sand and notice that Pennsylvania (!) has passed legislation permitting supermarkets to sell wine.  Should Delaware not follow suit, this will represent a competitive disadvantage to Delaware stores.  Maybe the Honorables will stop cashing the Trone Brothers checks long enough to recognize this. House Business Lapdog Committee.

*It appears that this bill is specifically designed to address the ongoing issues concerning Wilmington schools.  HB 425 (Bolden)  (I’m gonna provide the synopsis in its entirety):

…clarifies that a vote by the General Assembly as required in 14 Del. C. §§ 1008(g) and 1026(d) in support of redistricting serves to authorize the State Board to proceed with the redistricting, but does not constitute approval of any particular revenue or spending measure proposed in the Plan of the Wilmington Education Improvement Commission.

It also sets forth the intent of the General Assembly with respect to education funding.  Funding will be provided for a Wilmington Redistricting Transition Fund to implement the redistricting plan.  Statewide funding will be initiated for students of low socio-economic status, English Language Learner and basic special education, K-3, and shall be provided initially to the Red Clay School District, Capital School District, and Indian River School District, with the intention that at least one school district from each county will also receive additional funding in subsequent years.  School districts are encouraged, but not required, to match up to 30 percent of said funding.

Education heads, what saiest thou?

*HS 1/HB 294 (Dukes)  requires that an attorney, insurance company or any ‘paying agent’ to someone who has received a monetary award (court judgment, workers’ comp claim, etc.) first ‘contact the Division of Child Support Enforcement before releasing any funds to prevailing parties to verify that no child support arrears or retroactive support is owed.’  Seems like a good bill to me. House Health & Human Development Committee.

The House Apprpriations Committee, just like the Senate Finance Committee, considers bills with a fiscal impact only after the Joint Finance Committee has prepared its budget.  In fact, the members of the House Appropriations Committee are indeed the House members of the Joint Finance Committee.  On Wednesday, the committee will consider the following bills that received the requisite fiscal go-ahead in the budget:  HB 30 (Rep. K. Williams), which provides State funding to kindergarten through third grade for basic special education;  HB 117 (Heffernan), which will ‘create a funding source for students enrolled in Delaware public schools who are determined as low-income according to the Department of Education’; HB 234 (K. Williams) requires that ‘all public secondary schools, including vocational-technical schools, but not including charter schools, to have a school-based health center’.  There are three such schools that do not already have a health center.  The state will provide start-up funding for one school in each of the next three fiscal years.  Those schools currently without a health center are Conrad School of Science, St. Georges Technical High School, and Appoquinimink High School.

I like HB 361 (Yearick), which establishes ‘the Work Opportunity Tax Credit that will offer a tax credit to employers hiring qualified ex-offenders and individuals completing a drug recovery program in an amount equal to 10% of that individuals wages, with a maximum credit of $1,500′.  House Revenue & Finance Committee.

That’s it. I’m all written out.

See you tomorrow. Maybe.

General Assembly Post-Game Wrap-Up/Pre-Game Show: Tues., March 22, 2016

Another week down, another 8-figure payout of taxpayer money transferred to the corporate giants. We’re told that we have to do it, otherwise someone else will.  You see, the people who keep getting their pittance of health care cut, the state workers who have to beg for a pittance of a raise, they don’t count. We don’t have to do anything for them, they’re lucky they get what we give them.  No, we need the big-paying jobs, or, to be accurate, the tiny fraction of those jobs that will remain, more than we need a more equitable and humane system.  Oh, and to go ever-so-slightly off-topic, our sleazy County Executive is gonna throw yet millions more of taxpayers’ money at these extortionists. $7.5 mill for starters.  Our money going to pay the big corporations and their biggest earners.  That is what’s known as a transfer of wealth.   BTW, all those Rethugs who publicly rended their garments in outrage over Gov. Markell’s efforts to at least bring new industries to Delaware?  They all voted for both (so far) of these corporate bailouts.  They don’t object to transfer of wealth, they just object to it not going to the usual suspects.  What this Governor and this General Assembly just did is pretty much similar to throwing money at the casinos…except that these jobs pay more.  More money for ever-diminishing returns. Our money.

Yes, SB 200 (Blevins) passed the House and was immediately signed into law by the Governor Thursday.  Nobody even had to be late for their St. Patty’s Celebrations.  Betcha there was some passin’ ‘o the green to go along with the wearin’ o’ the green that night.  Only people who got screwed? Delaware taxpayers.  And maybe an inebriated legislator and an appreciative lobbyist or two.

Before I move on, I have a question for my County Council member.  These companies are staying, at least for now, whether or not the County hands them $7.5 mill of our money.  Could you at least please vote no against this unnecessary and unwarranted giveaway? Thanks for reading.  You, the reader, may want to call your Council member to express similar sentiments.

Only other action of note on last Thursday’s Activity Report?  SB 230 (McBride), which ‘restores the authority of the Department of Natural Resources and Environmental Control (Department) to assess criminal penalties against violators of the Wetlands Act and Subaqueous Lands Act’, unanimously passed the Senate.  Somehow, these provisions had inadvertently been eliminated from the Code.

Today’s House and Senate  Agendas are singularly uninspiring. Most look like Sunset bills, and deal with professional and occupational licensure.  SB 157 (Ennis) provides for paramedic certification under the Medical Practices Board. The only bill that intrigues me is HB 270 (Bolden),  which authorizes the Consumer Protection Unit of Delaware’s Department of Justice to take specific steps to prevent telemarketers from calling Delaware residents in certain circumstances.  Someone posted on our board last week that this was ‘silly’, that the Feds already are doing this.  If they’re doing this, it’s sure not slowing the unsolicited calls I get at home every day from places like Grapevine, TX and elsewhere. They’ve even developed a new scam in which they somehow appropriate a local number and it turns out to be a robocall from someplace outside of Delaware.  The Feds either can’t or won’t slow down this epidemic of calls.  I like this bill, and I hope it provides us with some relief.

Time for a look at this Wednesday’s committee meetings, starting with the House. Highlights:

*History repeats itself.  Guess what bill is on the Agenda of the Business Lapdog Committee? A hint…Speaker Pete did the same thing he did two years ago. He again has assigned a serious minimum wage increase bill to the same committee he did then. No, it was not the Labor Committee.  But yes, the committee still has the same Chair.  Bryon Short, the Chamber’s favorite D congressional candidate. I can’t imagine the bill not getting out of committee this time. Maybe they’ll pull one of those deals where they hold the bill in committee while preparing amendments ‘acceptable to all parties’. There is no such thing as acceptable to all parties.  I can guarantee you that there is no way that this bill will sail through w/o secret attempts to either scuttle or emasculate it. I’ll be watching, you should be watching as well. Bryon, take note.

*HB 292 (K. Williams) requires schools to post the toll-free Child Abuse & Neglect Hotline in a conspicuous location. Education Committee.

*Sensible bill in Judiciary.  HB 255 (Mitchell) adds violations of a county or municipal code to the list of offenses that are eligible for probation before judgment.


*Tick tick tick.  A couple of bills relating to Lyme Disease control in the Natural Resources Committee. HB 290 and HB 291, both Schwartzkopf-sponsored.

*Not real crazy about HB 214 (Keeley). We once again create a special class of victim.  In this case, assault on a nurse would be a second-degree felony.  Not that I’m singling out nurses, oh no.  The more-important-than-thou professions already singled out are  “…a law-enforcement officer, a volunteer firefighter, a full-time firefighter, emergency medical technician, paramedic, fire police officer, fire marshal, correctional officer, a sheriff, a deputy sheriff, public transit operator, a code enforcement constable or a code enforcement officer who is acting in the lawful performance of duty.”  More will surely follow. Just like special license plates, once the legislature starts, they won’t stop. Judiciary Committee.

Checking out the Senate meetings:

*I like SB 152 (Lavelle),  which would establish penalties for those who create driving hazards by not clearing snow and ice off of their vehicles before driving.  It’s a well-crafted bill and tries to anticipate eventualities and extenuating circumstances. Public Safety Committee.

*HB 61 (Hudson)  requires that minutes of all  ‘public meetings of the boards of education of public school districts, vo-tech school districts, and public meetings of charter schools’ boards of directors be digitally recorded and made available to the public on the districts’ and charter schools’ websites within seven business days’.  Passed the House unanimously. Education Committee.

*SB 207 (Henry)  strikes me as offering a reasonable and flexible approach to school bullying.  The bill:

…would improve the state’s response to incidents of school bullying by better informing parents of the availability of intervention by the Department of Justice’s School Ombudsperson, and clarify that the Ombudsperson has authority to intervene in both incidents of criminal activity and incidents that meet the statutory definition of bullying but do not constitute criminal activity. This Act would also give schools and victims’ families discretion whether to report misdemeanor assault incidents between juveniles to law enforcement agencies, rather than mandating the involvement of the criminal justice system in all such incidents.   Finally, the Act would ensure that parents of students involved in bullying incidents are informed that such incidents are reported to the Department of Education, and are informed when such reports occur.

Just a final note.  SS1/SB 163 (Peterson) has already been scheduled for Thursday’s Senate Agenda. I think it’s a real good bill that restores some discretion and reason to what once was known as ‘Three Strikes and You’re Out”.

Speaking of three strikes, with no Al Show (DAMN, I miss him/it), time for me to do some fantasy baseball prep work today…

General Assembly Post-Game Wrap-Up/Pre-Game Show: Thurs., March 17, 2016

A minimally-embellished, if excessively-hyphenated,  just-the-facts edition today.

Tuesday’s Session Activity Report-Click on 3-15.

Wednesday’s Session Activity Report-Click on 3-16.

Stuff worth knowing:

The proposed constitutional amendment mandating that $10 mill must go to Agriculture Lands Preservation annually did not come close to a 2/3 majority in the House.  20 Y, 17 N, 4 A. The only upstate D’s to vote for the bill were Gerald Brady (?) and…Bryon Short (!).  Oh, did I mention that there are 8,000 Delaware Farm Bureau members? A cheap (it wasn’t going to pass with or without his vote), politically expedient, and intellectually dishonest vote by the least progressive D candidate for Congress in Delaware.

Guess there was no controversy surrounding SB 202 (Sokola) after all. Mitch Crane was right, the bill merely reflects the self-insured nature of the state and its school buses in this matter. Bill passed unanimously in Senate.

Today’s Senate Agenda

Today’s House Agenda.

Stuff worth knowing:

Will there be any no votes on SB 203 (McBride)? I’m guessing yes, but am prepared to be pleasantly surprised. The bill ‘restores the authority of the Department of Natural Resources and Environmental Control (Department) to assess criminal penalties against violators of the Wetlands Act and Subaqueous Lands Act (Acts), when appropriate.’  This authority was inadvertently repealed back in 2013.  How can such authority be inadvertently repealed in the first place? Don’t they have lawyers to make sure that stuff like this doesn’t happen?  The mind boggles.  BTW, it’s a 2/3 bill, so we’ll see if there’s any Rethug obstructionism involved.

Only one bill of importance on the House Agenda.  If you guessed SB 200 (Blevins), you’d be correct.  The latest in the series of corporate giveaways will be on the Governor’s desk by day’s end.

 

General Assembly Post-Game Wrap-Up/Pre-Game Show: Tues. March 15, 2016

This entire session has been one giveaway after another to the corporate behemoths.  Thursday’s session continued the trend with the Senate voting unanimously to fatten the corporate coffers (at the expense of the state’s coffers) by $10.6 mill by FY 2019.  Look, I understand that we don’t want to lose any more jobs, but the state has essentially become a one-trick pony in recent years.  And, for all that we’ve doled out in corporate welfare, we’ve only retained a small fraction of the jobs that once were the backbone of our economy.  And now the county is jumping on the bandwagon.  And all the public officials are praising each other for moving so swiftly to ‘save’ the paltry number of DuPont jobs that were ‘saved’.  What is lacking is the ‘vision thing’, to quote Bush the Elder. Plus, a thoughtful discussion as to whether the millions we’re tossing to the companies extorting us would be better spent elsewhere.  Thankfully, we’ve got John Carney bringing his inspiring vision to–uh, never mind.

Here is today’s Senate Agenda.  I’ve got some serious questions about SB 202 (Sokola).  Last session, the General Assembly passed legislation changing the minimum insurance requirements for school bus operators to reflect current industry standards.  SB 202 exempts  the Department of Education, any public school district, or any charter school from those requirements.  OK…can someone tell me why?  Does this mean that said entities are subject to no liability for accidents and injuries that may occur?  Contractors are not exempt, but apparently DOE, school districts and, of course, charter schools, would be exempt.  Can somebody talk me down here?

Today’s House Agenda features a bill I never thought would make it out of committee.  HB 124 (Wilson)  would create a constitutional amendment requiring that the General Assembly dole out a minimum of $10 mill annually for Agricultural Land Preservation.  Let’s see, corporate welfare, farmers’ welfare, and don’t forget cops’ welfare, I think you can see what kind of welfare the General Assembly ignores.

I’m also not too keen on HB 99 (Briggs King), which ‘adds Department of Correction, Probation and Parole vehicles to the list of “authorized emergency vehicles” as used in Chapter 41 concerning the Rules of the Road’. I assume that means that they can race as fast as they want on the roads.  Just one question.  Why? And under what circumstances?

And, we have yet another ridiculous special license plate bill.  SB 164 (Ennis)  establishes a special license plate for paramedics and retired paramedics. Just remember, kids, it’s an election year.

A bill that should have been part of last year’s budget deliberations highlights Wednesday’s House Committee meetings. HB 216 (Kowalko) increases the annual corporate franchise tax ceiling by $15,000 to $195,000. Actually, an amendment goes even further and raises the ceiling to $250,000.  Even Markell’s own Secretary of State has said that this is chump change to these corporations, and that it wouldn’t have a negative impact on Delaware.  Let’s see if this obvious revenue source is tapped before the General Assembly finally taps out all Delawareans living from paycheck to paycheck. In the House Revenue & Finance Committee.

Other House Committee highlights:

*Legislation ‘modernizing’ the operations of the Office of the Bank Commissioner.  I always worry whether bills like this are, at least, consumer-neutral. In the Business Lapdog Committee.

*I like this bill placing restrictions on telemarketers.  Looks like this is Matt Denn’s work. Bipartisan sponsorship. In Business Lapdog Committee.

*Rep. K. Williams’ bullying bill. Requires substantiation of alleged bullying in order to enable the withdrawal of a child from school.  House Education Committee.

*Now here’s a bill I really don’t like, even if the intent may (or may not) be laudable.  HB 283 (Mulrooney), the so-called, wait for it, “Veterans, Skilled Workers, and Community Workforce Act”:

requires that on all state-funded construction, public works, or improvement projects that contractors and subcontractors must draw 30% of their workforce from the Representative District where the project is located, and 5% of their workforce from eligible Delaware veterans. Such projects are to be governed by a Project Labor Agreement with the Delaware Building and Construction Trades Council to provide structure and stability and promote efficient completion.

How does this bill suck? I think it’s  bureaucratically impossible to make this bill work.  Who is gonna keep track of which workers are from which districts?  What happens when a project crosses district lines, which many of them do? Why is what should be a governmental function being farmed out to the Delaware Building & Construction Trades Council (Rhetorical question. I know why, I also know that it’s a formula for cronyism.) Oh, speaking of cronyism, we’re now gonna add yet another political element to the prioritization process. If, say, to choose a name completely at random, Pete Schwartzkopf makes noise about a project that he wants done ASAP in his district (and which would employ a significant number of people from his district), does DELDOT ignore the Speaker’s lobbying, or do they placate him? Anybody who has ever seen a contract awarded by DELDOT to a contractor knows that many of the project lists are long, many of them a series of road-paving projects.  The same crews generally work together.  We’re now gonna need a slide rule to make sure that these rules are being followed, that the crew composition must change as they go from project to project?  It’s gonna inevitably lead to increased costs, inefficiency and longer waits to get the contract done. Finally, I, for one, am sick of giving veterans special priority on every goddamn thing.  (BTW, we can add veterans’ welfare to the list.)  At least until pacifists are given the same special privileges. In the Labor Committee.

*When Rep. J. J. Johnson eventually leaves the House, he will quietly leave behind an admirable legacy when it comes to corrections reforms.  HB 211 is another example of that legacy.  The bill ‘ limits the use of shackles and other physical restraints on children appearing in juvenile delinquency proceedings except in situations where the court determines that the use of restraints is necessary and there are no less restrictive alternatives that will prevent flight or physical harm to the child or other courtroom participants’.  You would think such a bill would not be necessary. You would be incorrect.  In Judiciary Committee.

*HB 212(Collins) is yet another  giveaway to business masquerading as a jobs creation bill. Tax credits for hiring people, as if businesses are going to hire people only based on the tax incentive.  An R election  brochure bill.  Revenue & Taxation.

*The fast-tracking of SB 200 continues apace.  The $10-plus mill in extortion payments to business will be on the Governor’s desk by late Thursday. Revenue & Taxation.

Wait! Don’t leave just yet.  We’ve still got Wednesday’s Senate Committee Schedule. The notables:

*Hmmm, this one doesn’t make much sense to me.  SB 161(Hocker) prohibits schools from opening before Labor Day.  Seems more aimed at tourism than education.  Setting aside the question of whether public education should play second fiddle to tourism, the proponents only looked at the immediate pre-Labor Day impact.  Did they look at the early summer impact if schools have to stay in session longer? Did they look at how student performance wanes as the days get warmer? Betcha they didn’t.  Not that it should matter.  Senate Education Committee.

*SS1/SB163(Peterson) follows up on last year’s bill reclassifying certain offenses as non-violent offenses, and adjusts how that impacts ‘habitual offenses’.  Those convicted of multiple Title 11 non-violent offenses would no be able to petition the Court for adjusted sentences, and those convicted of three Title 11 violent offenses would be subject to enhanced penalties. Senate Judiciary Committee.

*SB 203(McBride). Looks like the General Assembly goofed big time (or some downstate folks snuck one through).  SB 203 ‘restores the authority of the Department of Natural Resources and Environmental Control (Department) to assess criminal penalties against violators of the Wetlands Act and Subaqueous Lands Act (Acts), when appropriate. The Department previously possessed this authority, but it was inadvertently repealed by the 2013 amendments to the Acts. The Department’s enforcement of significant violations is limited without criminal penalties’. Wonder how many no’s this will get from downstate. Natural Resources & Environmental Control Committee.

Since we can’t talk about this stuff on the Al Show any more, share your comments here.

 

General Assembly Post-Game Wrap-Up/Pre-Game Show: Weds., March 9, 2016

Not much of a game to wrap up.

Gov. Markell signed the Apology for Slavery resolution.  Lest you forget, the following legislators decided that Delaware had nothing to apologize for:  Reps. Collins and Wilson. Sens. Bonini, Hocker and Lawson.

Sen. Marshall’s bill permitting undercover officers to purchase firearms didn’t come close to passing, 6 Y, 15 N.

Other than resolutions recognizing International Women’s Day, that all she wrote.

Here are today’s scheduled Senate Committee meetings.

The Senate Executive Commitee considers a whackadoodle SCR from Sen. Lawson that would call for a Constitutional Convention of the States to address what Lawson, Bonini, and Hocker claim would address the…oh, let me just quote some excerpts:

“WHEREAS, the Founders of our Constitution empowered State Legislators to be guardians of liberty against future abuses of power by the federal government; and

WHEREAS, the federal government has created a crushing national debt through improper and imprudent spending; and

WHEREAS, the federal government has invaded the legitimate roles of the states through the manipulative process of federal mandates, most of which are unfunded to a great extent; and

WHEREAS, the federal government has ceased to live under a proper interpretation of the Constitution of the United States(?); and

WHEREAS, it is the solemn duty of the States to protect the liberty of our people— particularly for the generations to come—by proposing Amendments to the Constitution of the United States through a Convention of the States under Article V for the purpose of restraining these and related abuses of power…”

And people wonder why we make fun of legislators from Lower Slower.

Not that they’re the only ones worthy of ridicule. No, also in the Senate Executive Committee is yet another giveaway to business, this one the so-called (is Frank Luntz coming up with names for these bills?) “Delaware Commitment to Innovation Act”. The bill basically is yet another $10 mill or so annual giveaway to corporations in addition to all the other giveaways that have taken place in less than three months. Hey, I’ve got some time, let’s see how many of these giveaways I can list:

1. Right out of the box,  THIS bill, aka the ‘Delaware Competes Act of 2016’ was specifically designed to keep Chemours, you know, the company that DuPont spun off specifically to avoid liability for its environmental wreckage, here.  Passed and signed. Loss of revenue to state’s coffers? About $50 mill over three years, according to this fiscal note. Requirements that Chemours clean up its mess? Zero.

2. Then we’ve had the Council on Development Finance scurry to throw yet more $$’s at the new behemoth, which may well reward the CEO’s who carved out this merger dual CEO’s with an $80 mill payoff. A relatively paltry $9.6 mill of taxpayer money.

3. In the same article, we read that:

New Castle County officials are in the process of approving their own five-year, $7.5 million commitment to DuPont. The plans, which still must pass the County Council, would create a strategic economic development fund for the first time in county history and commit tax reserves to that fund.

Once again, that’s taxpayer money.

4. But that’s not enough for the would-be chemical conglom-o:

County Executive Thomas P. Gordon last month said DuPont officials also have asked him to use his authority to lower its property tax bills.

5. We’re even acting as their real estate agent. (I know I’m missing some more. Isn’t Wilmington  being extorted as well?)

6. Which brings us back to this $10 mill annual giveaway.

Practically everybody is on the bill as sponsors, so it will sail right through.  Delaware and its local governments have been reduced to paying extortion in order to salvage jobs here. We used to bribe companies (the banks) to come here by throwing people who need credit under the 18.6% bus.  We’re now reduced to paying any and all kinds of extortion to get giant corporations to stay here, at least until someone bribes them with even more.   Guess it beats providing living wages for people who live and work here.  Except, the extortion never stops, and the wages never go up. Pretty much defines ‘The Delaware Way’.

Here is today’s House Committee schedule.  Highlights include:

HB 234(Rep. K. Williams)  requires all ‘public secondary schools, including vocational-technical schools, but not including charter schools, to have a school-based health center.  Wellness centers are an important means of providing preventative and primary medical care to teens and overcoming obstacles to care such as lack of transportation and cost.’  Insurers are already required to reimburse for services provided by such centers. In the House Education Committee. BTW, as long as we’re talking about Rep. Williams, I have to say that I like her idea of getting rid of the State Board of Education, which appears to serve no purpose other than to play puppet to the Governor’s puppeteer.  We’d save ourselves some money as well.

Yet another insane bill from a demented downstater awaits consideration in today’s House Administration Committee. HB 104(Gray) would amend the State Constitution to require that, and I don’t understand it either, so I’m just gonna quote it:

…(t)he General Assembly for any succeeding fiscal year shall not enact a budget appropriation bill containing base general fund operating appropriations exceeding, in aggregate, the estimated total base general fund operating appropriations for the then-current fiscal year, adjusted by the average of the three (3) most recent fiscal years’ annual increases, if any, in the national Consumer Price Index (C.P.I.) for all urban consumers, as compiled and published by the United States Bureau of Labor Statistics, plus the average of the three most recent calendar years’ annual increases, if any, in the population of the State, as compiled and published by the United States Department of Commerce. However, any appropriation for an emergency involving the health, safety welfare of the citizens of the State that is approved by three-fifths of the members elected to each House of the General Assembly shall not be included in these limitations on a budget appropriation bill.

Kids, here’s what you need to know.  The State of Delaware is required to pass a balanced budget and to set aside some revenue for a Rainy Day Fund.  The idiots on this bill think (and/or think their constituents think) that gummint is too damned big for its britches.  Don’t worry, the bill’s not going anywhere.

Sadly, neither is the General Assembly.

Delaware General Assembly Pre-Game Show: Tues. March 8, 2016

We already know what won’t be addressed by the returning General Assembly this week: Abolition of Delaware’s death penalty. However, it’s for the best of reasons.  It’s quite possible that the United States Supreme Court has already sounded the, um, death knell for Delaware’s capital punishment statute.  The ironies involved in this are dee-lish.  The Delaware legislative hardliners some twenty years ago decided that juries were sometimes too namby-pamby when it came to doling out the death penalty, so they decided to give the judges (who must come before the State Senate for  nominations and renominations) the exclusive life and death authority.

Which is precisely why Delaware’s statute appears to have run afoul of the recent Supreme Court ruling, which ‘deemed unconstitutional part of a Florida statute that grants exclusively to judges the right to determine a sentence of death in capital cases’.  Delaware has the same language in its statute, which is why the Delaware Supreme Court has placed a moratorium on any capital case moving forward until it can review the statute and determine whether Delaware’s statute can pass constitutional muster.

So, let’s assume for argument’s sake that the Court determines that the statute fails the test established by the US Supreme Court. To me as a non-lawyer, it certainly appears that it does.  In order to keep execution legal in Delaware, the General Assembly would have to change the statute.  In other words, the onus would no longer be on death penalty opponents to eliminate the death penalty, the onus would be on those who want to keep the death penalty to change the statute. And, let’s remember, the State Senate has already voted to eliminate the death penalty.  I don’t think that death penalty opponents are gonna bail out the hardliners.  So, right now, there’s no need for death penalty opponents to do anything but to wait for the Delaware Supreme Court to make its determination. Especially since I don’t think there have been enough flips in the House to pass the bill yet.

There’s only one bill on today’s Senate Agenda.  SB 19(Marshall)  permits undercover cops to purchase firearms utilizing Community Firearms Recovery funds.

One of this session’s worst bills tops today’s House Agenda.  HB 124 (Wilson) is the first leg of a constitutional amendment to require that the General Assembly spend at least $10 mill a year for farmland preservation.  Blatant special interest legislation that continues to throw good many after bad to an undeserving bunch.  Mostly R sponsors, so I guess they don’t see this sop unto perpetuity as a waste of taxpayers’ money.  But it is.

Oh, boy, here’s a bill that appeals politically while raising all sorts of issues.  HB 239 (The Right-Reverend Dukes) establishes a ‘new’ crime of ‘Drug Dealing-Resulting in Death’.  The bill’s stated purpose is to ‘address the recent spike in deaths resulting from substances such as heroin and fentanyl’.  My experience has been that, when the General Assembly rushes in to address a recent spate of something, the legislation invariably sucks. As does legislation creating new crimes (There’s no such think as an original sin–Elvis Costello). Betcha that won’t stop the House from rushing this through, most likely today.

I’m surprised that HB 220 (Lynn) is not already law in Delaware.  The bill enables the prosecution of animal fighting under Delaware’s Racketeering and Organized Crime statute.  The list of political strange bedfellows sponsoring this bill suggests that it will have widespread support.

Since I’m not sure that all of the committee notices have gone up yet, I’ll be back tomorrow with an in-depth look at committee activity and a wrap-up of today’s session.

See ya’ then.

General Assembly Post-Game Wrap-Up/Pre-Game Show: Thurs., Jan. 14, 2016

ALERT!! MARKELL, CHAMBER AND LONGHURST GIVE MIDDLE FINGER TO DELAWAREANS:

HB 235, the so-called Delaware Competes Bill, is the first bill the House will consider this year.  What’s amazing, well, not amazing, but typical of the primordial ooze behind this, is that the bill will be considered under Motion to Suspend Rules.  Here’s why. Even though the bill cleared the House Revenue & Taxation Committee, the bill was reassigned to the House Appropriations Committee (the committee is comprised of the House members of the Joint Finance Committee). That’s because the bill has a significant cost. Such bills are typically not considered until/unless JFC does the fiscal legerdemain.  In this case, even though the bill will have a significant annual cost, the House will try to bypass the budgetary process.  Since the bill wouldn’t even take effect until January of 2017, rushing this through serves no purpose other than to satisfy the Chamber and its millionaire minions.  This is a transfer of wealth from ordinary citizens to the politically-connected corporate overlords, pure and simple. We’ll pay somehow, just wait. Last days of June when they hope that no one is watching.  Hey,  whaddayawant from Markell, Longhurst and their (wait for it) ilk? Call your state reps!

What’s not on the House Agenda under Motion to Suspend Rules is HB 50–the Opt-Out Bill.  As opposed to HB 235, doing this under MTSR is legit.  The bill has been through the committee process, was passed (twice) by the House, and it’s a veto override, not consideration of new legislation.  Now, maybe the House will entertain a motion from the floor, maybe Speaker Pete won’t, but it sure as hell should be considered.  Has the cynicism of Pistol Pete and Vindictive Val become so great that they can ignore the will of the members of the chamber?  We’ll see.

Today’s House Agenda also includes HJR 10 (Bolden),  which ‘apologiz(es) for the wrongs of slavery and espress(es) Delaware’s profound regrets for its role in slavery.  Long overdue, of course, but forgive my skepticism in noting that this resolution will not, say, cost taxpayers $22 mill. Or anything. But there will be brochure pictures.

Only bill on the Senate Agenda merely streamlines  procedures for getting an insurance producer license.

Here is yesterday’s Session Activity Report.  Say-y-y, lookee here.  Looks like a direct hijack of Rep. Kim Williams’ HB 186, which was supposed to have been considered in the Senate Education Committee yesterday.  In fact, every House sponsor on this new bill voted against HB 186, except Rep. Heffernan. Here’s what I wrote in yesterday’s Post-Game/Pre-Game:

The Senate Education Committee considers HB 186 (K. Williams), which adds charter schools to the list of entities for audits through the Auditor of Accounts. The bill passed the House primarily on a party line vote, with Reps. Jaques and Speaker Pete the only D no’s along with all the Rethugs. Makes me think it’s a good bill.

Gotta say, introduction of SB 171 seems pretty low to me.

This session can hardly have gotten off to a worse start.

General Assembly Post-Game Wrap-Up/Pre-Game Show: Weds., Jan. 13, 2016

A typically-slow first day, highlighted by the swearing-in of the newly-elected representative from the 18th RD, David Bentz.

The daily Session Activity Report consists of newly-introduced legislation and committee assignments for the legislation.

So.  We have two bills that somebody wants fast-tracked in January:

HB 240 (Longhurst)  ‘establishes the Statewide Afterschool Initiative Learning Program. The Program will provide grants to public schools, that qualify as Title I schools, to develop afterschool engagement of students that will provide extended learning, homework assistance, enrichment, and nutrition.’  Sounds good.  There is, however, no funding mechanism mentioned in the bill.  Nor does the bill, for reasons I cannot understand, require a fiscal note.  So, how are they gonna pay for the program?  Will it be paid for from the Mortgage Settlement Funds? If not, what are you defunding in order to fund this? We may or may not find out sooner rather than later.  Bill’s scheduled to be considered during today’s House Education Committee.  BTW, here’s my uninformed guess as to what’s happening here:  Sponsors can claim that this is merely ‘enabling’ legislation and that the funding mechanism will be determined by JFC.  Which, of course, is totally disingenuous.  You don’t need enabling legislation if the JFC funds such a program and establishes the criteria in the epilog language.  But that would bypass touchy-feely brochure fluff. Someone, please prove me wrong.

HB 235 (Longhurst), the ‘Delaware Competes Act‘, allegedly ‘reforms Delaware’s business tax code to incentivize job creation and investment in Delaware, to make Delaware’s tax structure more competitive with other states, and to support small businesses by making tax compliance less burdensome. The principal change in the Act is to remove disincentives for companies to create Delaware jobs and invest in Delaware property that currently exists in how income is apportioned to Delaware for purposes of the corporate income tax’.  In other words, tweaking the formula to remove inequities that create disincentives to job creation.  Fine.  Here’s what they didn’t tell you.  This is not some revenue-neutral tweaking.  Nope. There is a fiscal note attached to this bill, and here are the projected costs to the state’s coffers:

Fiscal Year 2017             $ 8,200,000

Fiscal Year 2018             $17,600,000

Fiscal Year 2019             $22,900,000

So, let’s be honest here.  It’s yet another sop to business with not even a projection as to how many jobs will be created due to the removal of alleged disincentives.  And this is annual revenue loss.  Can someone in a position of authority project with any degree of accuracy as to what the rewards to the state and its workers will be?  Not to mention that, if Delaware does this, so will other states, leaving us right where we started. But at least the Honorables will get pats on the head and campaign checks. Meaning: Mission Accomplished.  Nice name, too.  ‘Delaware Competes’. As if we haven’t already sold our collective souls to whatever the Chamber says is needed.

(Parenthetical Aside, which explains the parentheses…don’t worry, yes I easily have enough anger in reserve to at least get me through June.)

Today’s Senate Committee Meetings.

The Senate Education Committee considers HB 186 (K. Williams), which adds charter schools to the list of entities for audits through the Auditor of Accounts. The bill passed the House primarily on a party line vote, with Reps. Jaques and Speaker Pete the only D no’s along with all the Rethugs. Makes me think it’s a good bill.

The Senate Banking and Business Committee considers a ban on ivory and rhino horns.

Today’s House Committee Meetings. (You can click on the committee of interest to see the agenda.)  Highlights, other than what was already covered:

The House Administration Committee considers a Joint Resolution apologizing for Delaware’s role in slavery.  Not surprised that B. Short and B. Townsend are among the co-sponsors.  No Bethany Hall-Long, though…

The Business Lapdog Committee considers legislation requiring that ‘health insurance offered in this state provide coverage for in vitro fertilization for persons who, along with their partner, are genetic carriers for spinal muscular atrophy or cystic fibrosis’.  The purpose of the bill is to enable carriers to have healthy offspring.

Coming tomorrow: John Kowalko goes for the Veto Override of HB 50 in the House.

Delaware General Assembly Pre-Game Show: Tues., Jan. 12, 2016.

My outlook for January: Real interesting real fast. Just like today’s Al Show will be.

The second session of the 148th General Assembly kicks off today.  Since it’s not a new General Assembly, everything that was in place on July 1 remains in place today.  It’s gonna be a wild and wooly month.  You can look forward to:

1. Votes on overriding the veto of HB 50-the ‘opt-out’ bill. The bill passed both houses with veto-proof majorities.  The House vote was overwhelming, 36-3, so it should get through the House in comfortable fashion. The final Senate vote was 15-6, so that is the chamber where Markell might be able to flip a couple of senators.  I will be especially interested to see whether her run for Lieutenant Governor might play into Sen. Bethany Hall-Long switching sides.  I’d like to point out that HB 50 has already had a key impact.  The decision by the Department of Education to cancel the ‘Smarter Balanced’ test for juniors in favor of the SAT would almost certainly not have been made without the catalyst of HB 50.  In fact, you may recall that Sen. Bryan Townsend introduced and passed an amendment extending the opt-out provision to high school juniors.  That amendment is no longer necessary, for the best of reasons.

2. JFC, Matt Denn, and Mayor Dennis Williams in standoff over emergency police funding.  Dennis Williams is the best argument I’ve seen for enacting legislation to provide for the impeachment of elected officials.  Yes, even more so than the disastrously-incompetent Karen Weldin Stewart.  The Joint Finance Committee has approved $1.5 million for emergency policing initiatives in Wilmington.  The one string attached is that Wilmington must share the current deployment figures with them and with Attorney General Matt Denn.  Williams has told his former colleagues, mostly through his mouthpiece, to go bleep themselves.  The weak argument they make is that the state could be preparing to take over the Wilmington police.  Sure, because there’s nothing that the state wants to do more than that.  The real reason (because there can be no other) is that the information will be of tremendous embarrassment to the Mayor, you know, the guy who would cure the city’s violent crime problem in his first six months in office. All the more reason to require its release.  Mayor Williams: It’s not about you. You’ve already proven to be an abject failure.  The least you could do in the  time that you have left is to let people who have a clue as to what they’re doing try to rescue your sorry ass and, more importantly, to do the job that you have proven you could not do. Will Williams even deign to meet with the JFC? I, for one, no longer care what he does as long as he’s no longer Wilmington’s mayor by year’s end.

3. Death penalty repeal. The bill passed the Senate.  Gov. Markell has said that he will sign it.  Speaker Pete Schwartzkopf has buried it in an inhospitable committee.  First-term Rep. Sean Lynn of Dover has said that he will try to petition it out of committee, which would require a majority of House members to vote to release the bill.  Does he have the votes? Will he, at some point, have the votes? Or, are the reps so scared of Pete ‘n Val that they’ll fold like they’ve done before?

4. Markell really wants corporate tax changes ASAP.  Purportedly to remove ‘disincentives’ for job creation:

Corporations: “We reallyreally want to create jobs, but those disincentives are killing us.”

Markell: “Whatever you need, just tell me, it’s yours.”

The bill has been introduced and is already scheduled for a Wednesday committee hearing.  On the face of it, the bill would change the computation of corporate taxes in order to not punish property holdings in Delaware or creation of additional jobs, which the current equations purportedly do.  Pretty much everybody is on the bill as sponsors.  I say go slow.  If rushing this through in January prevents a full consideration of the bill’s implications, slow down the train.  Nothing is lost if the bill isn’t passed until later in session. When the practitioners of the Delaware Way are this harmonious, a few sour notes need to be sounded.

5. This one’s so important, it hasn’t even been introduced yet, which is why I can’t link to it.  Here’s another feel-good bill that also appears to be on the January fast train to passage.  Although the bill (assigned number: HB 240) hasn’t even been introduced, it’s on Wednesday’s House Education Committee agenda.  It will supposedly expand after-school programs.  I think most of us agree that this is a good thing.  Uh, where’s the money gonna come from? What are the details? Why the rush? Those are rhetorical questions.  It’s a nice touchy-feely bill that will look good on everybody’s campaign brochures.  Much like the so-called corporate tax reform package.

6.  Matt Denn’s Proposed Use of Mortgage Settlement Funds.

Here’s what Attorney General Matt Denn wants:

Substance abuse treatment: $3 million over three years to be spent on providing drug treatment opportunities for inmates with substance abuse disorders who are either nearing release from prison or have just been released from prison.

Prison re-entry programs: $3 million over three years be spent on competitive grants to nonprofit organizations that assist inmates being released from correctional facilities to avoid new criminal offenses.

Community policing and community support: $4.7 million for the state’s Neighborhood Building Blocks Fund, which can make grants for a broad array of government and nonprofit efforts to support economically impacted neighborhoods.

Foreclosure prevention: $1.5 million for the Delaware Mortgage Assistance Program to help Delaware homeowners prevent foreclosures on their primary properties.Home purchase opportunities for foreclosure victims: $4 million for the        Downtown Development Districts program, to be used for the purpose of providing down payment assistance to homeowners willing to purchase homes in Downtown Development Districts. First priority would be given to persons and families who lost their homes to foreclosure between 2008 and the present.

Affordable housing: $5 million for the Delaware State Housing Authority’s Strong Neighborhoods Revolving Housing Fund, which is dedicated to the creation of affordable housing in economically impacted areas.

Support for high-poverty elementary schools: $4.8 million to providing $100,000 a year for three years to each of the state’s 16 highest-poverty elementary schools, to allow them to hire additional teachers or paraprofessionals to work with the students from low-income areas who attend school there every day.

After-school and summer programs: $3 million over three years for after-school and summer programs targeted at students who live in low-income areas of the state. (Say…maybe that’s where funding for HB 240 will come from.)

I know it’s beating a deceased equine, but wouldn’t it be great if our governor had a vision like this? Or the anointed next governor?

7. Beware Of:  

…Any move by the Chamber, the Business Roundtable, and the Governor to push their supposed ‘revenue-neutral’ package that actually benefits the wealthy.

…Any attempt by Mark Brainard and Sen. Harris McDowell to push through the Del-Tech property tax which would raise your taxes if Del-Tech’s Board of Trustees say so.

8. DelDem’s Progressive ‘Honey-Do’ List.  I’m sure he would also add Sen. Peterson’s proposed ban of large capacity gun magazines to the list. Don’t know if anything here other than the attempt to override HB 50 will take place in January.

Since I’m off from work this week, I’ll be back tomorrow with a preview of Wednesday’s committee meetings.

Until then, what did I miss, and whaddayathink?

 

Delaware General Assembly Pre-Game Show: Tues., June 30, 2015

“HOSTAGE-TAKERS WIN. YOU LOSE.”

That will likely be the headline from the last day of session barring something unexpected.

Especially with the Rethugs seemingly determined to abdicate any responsibility to be, um, responsible. For purely id(iot)eological reasons, the R’s have tied any willingness to cooperate to screwing workers through their obsessive need to push for ‘right to work for less’.  They have also abandoned any pretense of thinking for themselves, leaving all talking points to their ALEC overlords. Check out their refusal to stop the escalating infrastructure crisis from getting any funding. Check out the result.  Greg Lavelle perhaps cemented (the use of ‘cemented’ is deliberate) his position as the Worst Legislator in the General Assembly by his phony demands for ‘reform’ which, for anyone paying attention, simply is a transfer of  administrative costs from the Transportation Trust Fund to the operating budget w/o providing a mechanism to pay for it:

Republicans also sought a lock-box amendment that would force state officials to use new revenue on capital projects, not administrative costs. But top lawmakers from both parties were unable to reach an agreement before Thursday’s vote.

“What we have before us is a bill with no reforms associated with it,” Senate Minority Whip Greg Lavelle, a Sharpley Republican, said in Senate floor testimony. “We have promises. We’re not here to vote on promises. We’re here to vote on solid reforms to fix a system that there is widespread agreement on is broken.”

“We are abusing the trust fund,” Lavelle said.

Although Colin Bonini’s not inconsiderable girth is still in the running:

Sen. Colin Bonini, R-Dover, and a Republican gubernatorial candidate in 2016, said it was “laughable” that Democrats want to blame Republicans for the gridlock. Democrats had “absolute domination” for years and could have raised taxes to fix infrastructure whenever they wanted.

“If you wanted to raise taxes, you could have done it last year. You didn’t need us,” he said. “You could have done it the year before that, and the year before that.”

Got that? The Rethugs had no intention of funding repairs to our crumbling infrastructure. None. The D’s (‘you’) should’ve done it when you had the super-majority, they say. While they’re partially correct, their refusal to do what even they know is right is irresponsible and cynical to the nth degree. And unprecedented in times of fiscal crisis during my time with the General Assembly. Their official position is, “We don’t give a shit if the roads fall apart, we must maintain our talking points about taxes regardless of the costs to the public.”

Forget about the fact that it was then-Gov. Mike Castle and his fellow felon henchman Kermit Justice who, once  the Transportation Trust Fund was established, immediately raided the fund by using it to pay  DELDOT administrative costs. The simple fact is that, under cover of demanding phony reforms that will have to be paid for somehow (they, of course, don’t propose how), Lavelle and his Rethug colleagues are playing chicken with our eroding infrastructure. Might I suggest Russian Roulette instead? On each other?   Both Greg Lavelle and Colin Bonini are pompous jerks.  The difference is that Bonini (a) pretty much knows it and makes light of it; and (b) is essentially harmless most of the time. In other words, the ideal R to run for Governor. Lavelle (and Danny Short, who reportedly put the kibosh on a deal negotiated between the construction trades and designated caucus member Ruth Briggs King that would have yielded some movement on ‘right to work for less’) does real harm while pushing his agenda.  Now that the Church has an enlightened Pope, I guess Lavelle needs to look elsewhere for spiritual guidance, and has found it in ALEC. Just as long as someone else writes his talking points for him. Memo to Ernie Lopez and Cathy Cloutier: Do you really want to have to explain to your constituents why you won’t fund long-overdue infrastructure projects and why your constituents will have to pay for auto repairs caused by that crumbling infrastructure? Uh, if they don’t die first in a tragic  accident caused by infrastructure failure? Because I guarantee you that you will be asked those questions over and over. No sense asking the other Rethugs. They’re beyond redemption.

Due to legislative unwillingness to create any new revenue streams, the Budget Bill, the Bond Bill, and the Grants-In-Aid bill (see the Budget Bill link) are essentially cobbled together with some one-time funding and a series of cuts that will inflict unnecessary pain. Oh, BTW, next year will be worse.  If the General Assembly didn’t have the courage to do anything this year, can you imagine them addressing this budget crisis next year? Didn’t think so.  The only semi-delicious irony is that John Carney who, along with Ruth Ann Minner, kicked the can down the road in 2008 and left it to their successors to clean up the mess from the economic slowdown, will now face virtually the exact same scenario if elected governor.

Not that Gov. Markell or the D’s are blameless. Far from it. Taking his cues from second graders, Markell removed himself from the discussion: “You didn’t listen to me last year so KMAGYOYO (Kiss My Ass Goodbye, You’re On Your Own)”.  And, yes, the D’s should’ve done something about the gas tax last year, but Val Longhurst was and is still a ‘leader’, so her ignorance served as a substitute for serious legislating.  Still, any Rethug who claims that they aren’t responsible b/c the D’s should have somehow unanimously passed ‘new taxes’ w/o their support is correct on one point: They’re not responsible.

One person who deserves credit is DELDOT Secretary Jennifer Cohan, who has carried that chunk of concrete from hearing to hearing to illustrate just how bad things have gotten.  Too bad the legislators’ heads are harder than that chunk of concrete.

 BTW, this just in, Wilmington Mayor Dennis Williams is still a clueless jerk:

“They waited too long to come to a conclusion on a budget agreement. Things went pretty much haywire,” said Wilmington Mayor Dennis P. Williams, who for three years chaired the General Assembly’s budget committee as a state representative. “If I had been the chairman, personally, I wouldn’t have let it go this long.”

Because, you see, Dennis Williams is renowned as a conciliator, above all. Just check out his estimable body of work as Mayor.

But I digress. Fact is, a majority of legislators could not agree on even the most harmless of revenue increases, and now the folks at home are  blasting the General Assembly for failing to fund their pet projects. Memo to the legislators: You’re the problem. Here’s a case in point  from Monday’s Starkey/Offredo News-Journal piece:

Delaware’s southernmost county took another big hit, as well. As of Jan. 1, Delaware is cutting the more than $2 million it provides to cover Delaware State Police patrols in Sussex County. The program is jointly funded with the county, and pays for 44 troopers. Come next year, that patrol presence could be reduced by half because of the cut, imposed by budget lawmakers without public input with just days left in the legislative session.

“We will fulfill our commitment,” (Todd)Lawson of Sussex County said Friday. “Whatever the state does with their state police staffing requirements is up to them really.”

Lawson called the funding predicament “very disappointing.”

“The fact that in a $3 billion budget, the state looked to cut roughly just over $1 million and it directly impacts the public’s safety, it’s fairly alarming,” Lawson said. 

Of course, each person/agency that experienced cuts only focuses on their narrow interests.  So, when Lawson bitches about the $1 mill cut, he ignores the dozens of other $1 mill (more or less) cuts that are also in the budget. Maybe if someone from Sussex County government called for additional revenues, they might influence the votes of the lockstep Sussex County R legislators. But, they won’t b/c taxes. So don’t cry about the policing cuts. Pony up the $$’s your own damned selves or STFU.

I hope I haven’t been too subtle for anybody.

It’s also pretty clear now that a lot of legislation will have to wait until next year. I’m surprised that the General Assembly did not opt to convene on Monday. Usually, there are at least one or two additional legislative days added during the last two weeks, but such is not the case this year.  The House is not even scheduled to go into session until 7:30 p.m. The Senate? 6 p.m.

In fact, one piece that’s being rushed through with little thought is SB 144(Peterson), the so-called Beau Biden Memorial Bill. While the intent of the legislation is laudable, the bill paints with too broad  a brush. I’ll give you an example from our sylvan burg of Arden.  We have a summer program for our kids called ACRA.  The staff, of course, already must submit to the requirements of the bill.  But members of the community, some of them in their 80’s, volunteer and are not in any way dangerous.  This bill would require these long-time contributors to go get ID’s and a background check?  To provide the neighborhood kids who have known them forever gardening tips? And this has to be rushed through, why exactly? But I digress.

There is still some hope that about $24 mill in additional road funding will pass, assuming that one Senate R crosses the aisle to do so.  I think that it’s time for Cathy Cloutier to cross the aisle permanently and caucus with the D’s. The days of Bob Berndt, Myrna Bair, Jane Maroney, Gwynne Smith, Dave Ennis, Steve Amick, Jim Neal, Joe DiPinto, and, yes, Phil Cloutier are long gone.  Left to her conscience, Cloutier will do the right thing. Only the unforgiving doctrinaire rigidity of her caucus stands in her way.

And in our way.

General Assembly Post-Game Wrap-Up/Pre-Game Show: Weds., June 17, 2015

Color the fate of the gray fox…gray.  The R’s found a way to provide enough cover to make the bill palatable to 2 D’s, Bruce Ennis and Bethany Hall-Long, and HB 25 passed by a 12 Y, 8 N, and one Not Voting roll call. Here is the skilfully-crafted amendment that did the trick. Bottom line: No harvest season for gray foxes, no taking of gray foxes north of the canal, only ‘collateral’ taking of the gray fox in Lower Slower. “B-b-but it looked like a red fox.” One thing we know that Lower Slower hunters are not is color-blind. But they’ll now have plausible deniability.  Oh, well. It could’ve been worse. Still has to pass the House in its amended form, which it will.

My, how times have changed. So much so that HB 115(J. Johnson), which ‘permits individuals subject to the supervision of the Delaware Department of Correction to effect a name change based on a sincerely held gender-related identity’, passed the Senate and goes to the Governor. Two R’s, Cloutier and Lopez, voted for the bill, leaving only the Rethug Haters to either vote no or go not voting.

Rep. Kowalko has introduced two bills providing for higher tax brackets for those making over $125K per year.  HB 181  and HB 196.  While HB 181 is a straightforward addition of two upper income brackets, HB 196 ‘lowers the current tax rates by .05% for each bracket. The bill also creates a new tax bracket at $125,000 with a rate of 7.05%, and an additional bracket at $250,000 with a rate of 7.80%. The bill also provides a tiered reduction of the otherwise available itemized deduction based upon the individual’s taxable income’. I hope that legislators consider these proposals this year. Otherwise, next year’s fiscal picture will make this year’s look tame by comparison. And, uh, next year is an Election Year.

Check out yesterday’s full session report here.

Before I move on to committee meetings, I have one question. Can anyone tell me what Dairy Cattle Tail Docking is? It may soon be a misdemeanor. Never mind, I found out. It’s the cutting or removing ‘ of any portion of the flesh or bone of a bovine’s tail’. OK, I’m relieved. After all this is a family-oriented website. So why is this song running through my brain?

(Deep breath as I dive into today’s Committee meetings.)

Highlights from today’s Senate Committee meetings:

*The Total Wines and Spirits Act of 2015 will be considered in the Banking & Business Committee. Since the title of the bill is quite broad and encompasses the entirety of Title 4 of the Delaware Code, an amendment could easily be added to the bill to expand liquor sales to grocery stores and other ‘convenient’ locations.  Hey, it’d generate some serious licensing fees as well.  This bill, however, is not for customer convenience, regardless of its expressed rationale, it’s for Total Wines’ business model.

*Education committee considers several key House bills today: HB 82, HB 146, and HB 148.  While we’ve previously discussed HB 82 and HB 148 here, we haven’t mentioned HB 146, which is an important bill. Here’s the synopsis:

Delaware is one of only a few states that does not charge a fee for educator licensure or for certifications. Delaware processes approximately 10,000 applications for licensure and certification each year, in addition to other processing requests for current educators, such as plus credits. Because of reciprocity agreements and the lack of license fees in our state, the Department of Education processes approximately one to two thousand applications per year from applicants outside of the State of Delaware who do not become employed here. Establishing a $100 fee for new licenses will help deter applicants who apply because of the lack of cost and with the intent to seek reciprocity elsewhere. This will reduce the processing burden and allow the licensure office to better serve the needs of Delaware’s educators.

The bill easily passed the House with only The Inscrutable Richard Collins voting no.  Guess he didn’t want to stop wasteful spending in this case. I think there will be 21 Y’s in the Senate.

*Here’s a fascinating bill I hadn’t read about. SB 130(McDowell) enables:

any local government to promote economic development by entering into an agreement with the Department of Transportation to create transit-oriented development districts, called “Complete Community Enterprise Districts”. Complete Community Enterprise Districts may be designated in downtown or urban core areas, traditional towns or villages, or regional activity centers. They are characterized by their mix of land uses, efficient use of public infrastructure, efficient use of public services and multiple modes of public transportation combined with environmentally friendly private transportation.

I love this bill. On issues like these, Sen. McDowell has been decades ahead of his time.  Judging by the bipartisan group of co-sponsors, his time for this may have finally come.  I can see so many synergies coming out of this. Energy & Transit Committee.

*A busy day for the Judiciary Committee. SB 18(Marshall) is the second leg of a Constitutional Amendment relating to bail reforms. Should it pass in the identical form as was passed in the previous General Assembly, it becomes law w/o the Governor’s signature.  It is far from a sure thing. The second leg is always the toughest. The committee also considers approximately a zillion nominations:

  D.Catts   Senate Executive Committee    Mr. Douglas Catts  Diamond State Port
 G.Esposito   Senate Executive Committee    Mr. Gerald Esposito  Diamond State Port
  G.Chambers   Senate Executive Committee    Mr. Gregory Chambers  State Board of Elections
 G.Marcozzi   Senate Executive Committee    Mr. Guy Marcozzi  Environmental Appeals Board
  J.Sterling   Senate Executive Committee    Mr. James Sterling III  State Board of Elections
 J.Laws   Senate Executive Committee    Mr. Joseph Laws III  Delaware Interscholastic Athletic Association
  K.McDerby   Senate Executive Committee    Mr. Kevin McDerby  Lottery Commission
 L.Smith   Senate Executive Committee    Mr. Lawrence Smith  State Board of Elections
  M.Begatto   Senate Executive Committee    Mr. Mike Begatto  Diamond State Port
 N.Rosal   Senate Executive Committee    Mr. Nathaniel Rosal  University of Delaware Board of Trustees
  T.Koston   Senate Executive Committee    Mr. Thaddeus Koston  Victims’ Compensation Assistance Program Appeals Board
 C.Porretti   Senate Executive Committee    Ms. Claudia Porretti  University of Delaware Board of Trustees
  K.Bifferato   Senate Executive Committee    Ms. Karen Bifferato  Diamond State Port
 K.Pugh   Senate Executive Committee    Ms. Karen Pugh `  State Board of Elections
  L.Messick   Senate Executive Committee    Ms. Lynda Messick  Cash Management Policy Board
 N.Jordan   Senate Executive Committee    Ms. Nelly Jordan  State Board of Elections
  S.Williams-Mayo   Senate Executive Committee    Ms. Sharon Williams-Mayo  State Board of Elections
 J.Bullock   Senate Executive Committee    The Honorable Jeffrey Bullock   Diamond State Port

I’m glad that Gov. Markell is promoting more diversity on the University of Delaware Board of Trustees, although an additional African-American or two would surely be welcome.

*The Senate Judiciary Committee considers HB 39(Keeley), which would decriminalize possession of small amounts of marijuana. Here’s hoping that the cops don’t emasculate the bill any further than they did in the House.

Across the Hall we slog to check out today’s House committee highlights:

*The Business Lapdog Committee considers HS1 for HB 134(Hudson),  which would enable wine producers to ship wine directly to consumers. There is not now, nor has there ever been, any legit public interest in prohibiting this practice.  Political influence is why this hasn’t been done.  Let’s see if this year is different. Our current law is restraint of trade, pure and simple.

*Education Committee considers SB 122(Henry), which could result in the redrawing of boundaries for Wilmington public schools.

*The House Administration Committee, aka the Pete ‘n Val Show, may or may not reconsider HB 42(Kowalko), which was tabled in committee back in March. The bill ‘fully applies FOIA to the University of Delaware and Delaware State University, including the Board of Trustees’.  The bill is on today’s committee agenda, subject to a ‘motion to lift from table’.

*Did you know that, since 2009, approximately 90 children between the ages of 7 and 9 have been prosecuted for mostly low-level misdemeanors in Delaware’s Family Court? HB 126(Barbieri) adopts the American Bar Association standard for ‘juvenile delinquency by establishing the age of 10 as the minimum age of responsibility in juvenile prosecutions’. Judiciary Committee.

*Hmmm, based on the sponsors, this looks like Elsmere might have been the inspiration for HB 192(Mitchell), which “establishes that municipal governments may pass ordinances regulating the possession of firearms, ammunition, components of firearms, and explosives in municipal buildings and police stations subject to specific requirements. The act further allows municipalities to establish penalties for violation by ordinance.” I, of course, have no problem with this.  Betcha that more than a few legislators might, though. Which brings me to this thought: If the bleeping police agencies spent about 1/10 the time and effort supporting stronger gun control measures that they spend fighting recreational marijuana use, they might make a positive impact and actually have more respect.  Instead, they offer lip service. Public Safety & Homeland Security Committee.

*The Kowalko tax bracket bills are on today’s House Revenue and Finance Committee agenda. There are 13 members on the committee, and it looks to me that there could well be enough votes to get the bills to the floor. In direct contrast to HB 149(Ramone?!), which repeals Delaware’s Estate Tax as of July 1, 2015.  Just in time for the start of the Fiscal Year. Once fully implemented, this would cost the state around $4 mill annually. All co-sponsors are, of course, Rethuglicans.

Today’s Senate Agenda includes the ‘opt-out’ bill, as well as SB 83(Henry), provides that ‘any person who is prohibited from purchasing, owning, possessing, or controlling a deadly weapon because the person is subject to a Family Court protection from abuse order is so prohibited immediately upon the entry of the protection from abuse order from purchasing or otherwise obtaining, and within 24 hours of personal service of the order, from owning, possessing, or controlling any deadly weapon. I, of course, love this bill. The 2nd Amendment Uber Alles folks likely won’t.

Stick a fork in me. I’m done.

 

BREAKING: Ex-Legislator Rewarded For Burying Death Penalty Repeal Bill

Remember Rebecca Walker? She’s the former chair of the House Judiciary Committee who buried the death penalty repeal bill in her committee for most of 2013 and all of 2014.

Remember Rebecca Walker? She’s the former legislator who claimed she was running for reelection in 2014, had actually filed, waited until after the filing deadline, then withdrew her name, thus denying the Democratic voters in her district the right to choose her successor via primary. Remember why Rebecca Walker claimed she withdrew? She said that her work would not enable her to continue to serve. As if she just found that out right after the filing deadline.

Well, guess what ‘good fortune’ has been bestowed upon former State Rep. Rebecca Walker?

If you guessed a $92.5K state job that required no public posting and which reunites her with her police pals with whom she scuttled death penalty repeal, you would be correct.  Oh, and it’s a newly-created job that had not previously existed (I know that’s redundant, but sometimes I feel the need to employ both belt and suspenders). An exempt position, no less. No pesky Merit System requirements like, say, qualifications. Or ethics.  Tony DeLuca Part Deux. Oh, and she’s now in a position where, should inconvenient evidence not make the police look good, she can do something about it. Appointed by someone who opposed death penalty repeal in Delaware.

LADEEZ AND GENTLEMEN: The brand new ‘Deputy Director’ of the brand new (and profoundly ill-considered) Delaware Division of Forensic Science, now a wholly-owned subsidiary of the Delaware Department of Homeland Security: Rebecca Walker.

You got that? The forensics will now be under the purview of the state cops. What could possibly go wrong? My prediction: Evidence will still disappear. It will just be different evidence. If a cop has been alleged to have done something wrong, how can anyone trust the cops to ensure that the evidence is preserved? History teaches us that we can’t. And now Rebecca Walker will be reunited with her cop buddies and will have access to that evidence.

Once again proving that, with the Delaware Way, there is no justice. Just casual corruption that rewards the corrupt who play the inside game.

What. A Disgrace.