Delaware General Assembly Pre-Game Show: May 12-14, 2015

Filed in Delaware by on May 12, 2015

That was quite the interesting little week. HB 50 passes overwhelmingly, Gov. Markell announces he will sign death penalty repeal legislation should it reach his desk, and the General Assembly apparently has come up with a sorta-gimmick to close at least some of the gap in infrastructure spending.  At least the D’s have. And my daughter graduated college with honors in Mathematics and Japanese, and now proceeds to a Masters of Arts in Teaching Program.  She wants to teach and inspire high school students to fully realize their potential in mathematics.  I sorta doubt that she sees the ‘Smarter Better Test’ as a means to that end.

While it looks like there’s gonna be some new funding for road projects, the Rethugs appear hell-bent on getting some sort of ‘right to work for less’ concessions in exchange for votes to close the budget shortfall. Because, you know, nothing furthers economic prosperity more than paying workers less. Hey, it’s why they’re Rethugs.

The big showdown of the week takes place in the House Judiciary Committee on Wednesday at 11 am in the House Chamber.  SB 40(Peterson), which repeals Delaware’s death penalty, and has already passed the Senate by an 11-9 margin, will be considered. Here are the members of the Judiciary Committee:

Chair: Mitchell

Vice-Chair: M. Smith

Members: Brady, J. Johnson, Lynn, Outten, Paradee, Potter, Smyk, Spiegelman, Wilson.

Those listed in bold letters are sponsors of SB 40.  Contact them and thank them for their support. If one of the others happens to be your representative, please contact them and urge them to release the bill from committee. Remember, they can vote to release the bill from committee even if they do not plan to vote for it. In fact, it’s pretty standard to do so. The bill has passed the Senate, so it’s not as if the bill is unworthy of consideration by the House.  The committee system is designed to determine whether a bill deserves consideration by the full body.  By any measure, this bill deserves that consideration. Speaker Pete “Respect the Committee Process” Schwartzkopf has stacked the committee with some of the body’s most reflexive reactionaries: Smyk, Spiegelman and Wilson.  There’s a reason that neither Miro nor Ramone are on the committee, and their support for this bill is that reason.  As always, be polite and respectful when contacting your legislators,  and be nice to the person on the phone should you call.

Today’s (still unlinkable) House Agenda features two good bills that likely came from the Attorney General’s office. HB 102(Barbieri)  seeks to protect confidential informants from being outed and placed in jeopardy as a result. HB 75(K. Williams)  allows for more individuals to petition for expungement of their juvenile records, and particularly makes it easier for those who have demonstrated rehabilitation to seek to expunge records with multiple entries.

Sen. Bryan Townsend sponsors the annual corporate law package from the Bar. I’m always an agnostic on these bills as I can’t understand what they do.  I’m guessing that perhaps only Townsend and Melanie Smith do understand them. Today’s (equally unlinkable) Senate Agenda also features a couple of good House bills.  HB 81(M. Smith) requires that information pertaining to the heretofore anonymous (to most people) Federal Title IX Coordinator be provided in Education Profiles Reports. Since the Coordinator’s role includes ensuring that certain protections are provided to students, parents, teachers, and school districts in applicable situations, this is important information. HB 60(M. Smith) provides for the creation of savings accounts with tax advantages similar to 529 accounts, designed to be used by persons with disabilities to save for qualifying disability and education related expenses. HB 90(Longhurst), which provides school personnel with suicide prevention training, is scheduled for Wednesday’s Senate agenda.

Always lotsa action in committees this time of year. Let’s start with the House. In addition to SB 40, here are highlights from this week’s committee meetings. All meetings on Wednesday, unless otherwise noted:

Well, here’s a really bad bill to start things off. A constitutional amendment, no less. HB 124(Wilson) creates a constitutional amendment to guarantee that $10 million in realty transfer taxes are allocated annually  unto perpetuity to the Delaware Farmlands Preservation Fund, which is basically a sop to agriculture. The fund is supposed to ‘conserve, protect, and encourage improvement of agricultural lands within the State’. Seriously, we’re gonna do a constitutional amendment for this? If you guessed that Lumpy Carson was the only D co-sponsor, you were correct. Agriculture Committee. Lumpy’s the chair.

This should be interesting. HB 83(Kowalko):

“…requires that all charter schools not discriminate against applicants based on their homes’ location in comparison to the school. The bill also eliminates the possibility of a preference in the charter. Thus, this bill eases the restrictions on the enrollment process for students residing within a 5-mile radius of the school.” In the Education Committee.

SCR 6(Townsend) proposes that a constitutional convention be convened to overturn the Citizens United decision. In the House Administration Committee.

Whenever a Rethug sponsors a labor bill, you can bet that its purpose is to screw workers.  Let’s take a look at HB 86(Dukes) with that in mind. Yup, thought so.  The bill allows counties and municipalities to opt out of the state’s Public Employment Relations Act. Because nothing grows the economy more than screwing public employees. In the Labor Committee. Where it will stay.

The issue of reimbursement to communities for snow removal has been around for at least 20 yearsHere’s another attempt to adjust the formula.  In the Transportation/Land Use/Infrastructure Committee.

Senate committee highlights include:

SB 79(Sokola) seeks to ensure the privacy of educational information pertaining to students and their parents or guardians. Education Committee.

The Health & Human Services Committee has an eclectic agenda. SB 85(Hall-Long) brings Delaware into compliance with federal child support enforcement law which makes it easier for dependents to collect from responsible parties who live outside the country; the e-cigs bill receives its Senate hearing; and a constituent-driven bill to expand the scope of permissible medical marijuana use is also scheduled. I support the latter, which is sponsored by Sen. Lopez.  I find it just a wee bit ironic, however, that several of the (downstate) co-sponsors are not generally supportive of pro-marijuana legislation.  But when there are points to be scored with constituents, alleged principle is out the window.

Finally, I’d like to talk about this infrastructure imbroglio.  It’s a continuation of R’s just trying to place their political interests ahead of the needs of the citizens they’re supposed to serve.

Rethug hack Greg Lavelle continues with his three-card monte trick of trying to convince the uneducated that, by moving ‘operational costs’ out of the Transportation Trust Fund into the General Fund, more funds will be available for projects.  Of course, he doesn’t mention that a cost-shift does nothing to eliminate costs, it just moves them.  They don’t get funded magically.  The revenue must be raised. So far, the D proposal is as follows:

“The Democratic package includes an increase in document fees charged on car purchases from 3.75 percent to 4.25 percent of the purchase price, an increase expected to generate $12.5 million in additional revenue annually.” (Additional borrowing would raise the amount to around $23 million.

Of course, that doesn’t come close to closing the (according to the News-Journal’s Jonathan Starkey) 6-year, $780 million, funding gap:

Lawmakers continue to discuss higher consumer and wholesale gas taxes, including a 5-cent increase in Delaware’s tax at the pump, to 28 cents per gallon. The goal of legislative discussions was to raise $50 million in new transportation revenue, matched by the same level of borrowing, to generate $100 million in new, annual transportation system funding.

The Rethugs are also pushing for prevailing wage ‘reform’ before they’ll release a vote or two, because nothing helps the economy more than paying people less to work.  This is not addressing a problem, this is holding the people of the state hostage. Which is what passes for ‘legislating’ as practiced by the R’s.

I agree with Speaker Pete here:

“The infrastructure issue is not a partisan problem,” Schwartzkopf said. “It has everything to do with maintaining our state for the citizens of our state, and for visitors. We should have a bipartisan solution. we need to get this thing started. It’s time to get something in writing.”

Me? I’m done writing. For now.

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  1. Jason330 says:

    It seems to me that Charles Lammot duPont Copeland is working some kind of long game with regard to “right to work” as if it is going to be a winner in November. (…from the guy who launched the amazing “West Wilmington” electoral strategy)

    Anyway, I’d stay tuned to see if Simpler weighs in on it. When he does it will reveal Copeland’s thinking.

  2. This whole ‘Right to Work’ push is straight out of the ALEC playbook. Devoid of ideas of their own, Delaware’s R’s have adopted this as their cause du jour.

    They might just succeed. Look at the states the Rethugs have already destroyed: Kansas, Wisconsin, Michigan. They’re not gonna stop, especially with Koch Bros dinero backing them.

  3. kavips says:

    Jumping thread… congrats on the daughter…. (y)

  4. Thanks! We’re very proud of her.

  5. fightingbluehen says:

    Can someone explain how trying “right-to-work” in a limited capacity, to see if it has success, is a bad idea.
    Right now we have nothing, and nothing on the horizon.

  6. Uh, there are plenty of so-called ‘right to work’ states around the country. The result is always the same: Lower wages, lower standard of living. In states with higher levels of poverty and an even greater gap between the wealthy and everybody else.

  7. fightingbluehen says:

    So, if “right-to-work” were permitted in Gumboro for the sake of argument, and nowhere else, that would still be unacceptable to the Democrats?

  8. Mitch Crane says:

    @fightingbluehen asks:

    “Can someone explain how trying “right-to-work” in a limited capacity, to see if it has success, is a bad idea.”

    The bill authorizes DEDO to create “right to work ZONES”. However ZONES are not defined. There is nothing prohibiting a head of DEDO, under an anti-worker governor, from declaring that all of Sussex County is a Zone; or all of Delaware for that matter.

    I would love to see a list of companies who decided not to come to Delaware because we are not a Right to Work state.

  9. AQC says:

    Congratulations to your daughter! And, her parents!

  10. Mitch Crane wrote:

    “There is nothing prohibiting a head of DEDO, under an anti-worker governor, from declaring that all of Sussex County is a Zone; or all of Delaware for that matter.”

    Well, we HAVE an anti-worker governor, which is just one reason why the bill would be a disaster.

    BTW, thanks, AQC. Maybe we can afford to start going out to dinner on occasion now…

  11. Here’s one I missed:

    http://www.delawareonline.com/story/firststatepolitics/2015/05/12/fee-shifting-passes-senate/27193563/

    I love it when corporate types use the term ‘frivolous’. To them, any suit against them is labeled as frivolous. I like this bill.

  12. Kim Williams says:

    House Bill 75 is a bill that I worked on with the Public Defender’s Office. When I was door knocking last year, a constituent told me about an issue he was having. He had been charged as a juvenile and his record had followed him through his adult life. He was not able to hold certain jobs because of his record. He could not coach his children’s baseball team. He was not able to petition the courts for an expungement because of his juvenile record. We just made a few changes to the code which will allow him and many others to petition the court; the court still has final say. I did run this bill by the AG’s office after it was developed. Majority of the bills I have filed are bills that I have developed, with the assistance of others, because of an existing need.

  13. kavips says:

    Thanks Kim.^

  14. Ditto. That’s an example of good legislating.

  15. Sen. Townsend’s land bank legislation is on Thursday’s Senate Agenda:

    http://legis.delaware.gov/LIS/lis148.nsf/vwLegislation/SB+66/$file/legis.html?open

  16. The D proposal to increase document and licensing fees to to raise $$’s for infrastructure improvement is on today’s House Agenda:

    http://legis.delaware.gov/LIS/lis148.nsf/vwLegislation/HB+140/$file/legis.html?open

    If there are no D absences, I’m sure the bill will get run today.

  17. Calvin Sparks says:

    It is easy for the governor to say he’ll sign something when, he knows it wont make it out of committee.

  18. I don’t think that’s fair. When he came out in support of civil unions, it provided cover for some of the legislators who might otherwise have been reluctant.

    Yes, his influence has waned. But I’m glad that he took the correct stand on such a divisive issue.