General Assembly Post-Game Wrap-Up/Pre-Game Show: Weds., Jan. 27, 2016

Filed in Delaware by on January 27, 2016

We could still have an epic week in store–or it could turn into a nothingburger.  The minimum wage bill still awaits Senate action, and death penalty repeal maybe gets considered in the House. Or not.  Probably depends on whether the respective sponsors think they have the votes.  If you haven’t contacted YOUR legislators, what are you waiting for?

The minimum wage bill has already been amended primarily to reflect the fact it wasn’t considered last year.  Senate Amendment 3, which passed by a 13-8 vote, adjusts the effective dates for the increases, and accordingly delays the implementation of the COLA increase until 2021. Pure party line vote. The bill appears to need at least one more D vote to pass. DINO Brian Bushweller is one of the holdouts.  Who are the others? BTW, check out Colin Bonini’s amendment to the bill. The guy is a joke.

Here is yesterday’s Session Activity Report.

The Senate unanimously passed SB 139 (Lopez),  which enables the state to  ‘place liens on retirement accounts held by noncustodial parents who owe past due child support. This Bill will amend the Delaware Code to include public and private retirement fund accounts by including them in the definition of “account.” Only those accounts that are created and funded voluntarily are included in the definition, thus excluding certain pension and state retirement accounts’.

The Senate passed yet another vanity plate bill, this one for professional and retired paramedics.  The three (correct, IMHO) no votes were Lavelle, McDowell, and Simpson.

The final committee meetings before the six-week break for budget deliberations feature the following highlights:

Today’s Senate Committee Meetings.

*The Community/County Affairs Committee considers SB 179 (Townsend),  which ‘prohibits housing discrimination based on source of income by adding “source of income” as a protected class under the Delaware Fair Housing Act and the Landlord Tenant Code…(t)his measure will prevent and address discrimination against those who receive part or all of their income from child support, government or private assistance programs, or any lawful occupation’.  Just one more reason I’m a big fan of Brian Townsend.

*The Education Committee considers SB 180 (Poore), which ‘provides procedures to ensure that each child with a disability who has reached age 18 has an identified educational decision-maker to exercise rights under this chapter’.

*The Executive Committee considers several nominations, including that of Patrice Gilliam-Johnson to be Secretary of Labor.  Words cannot express what an improvement she would be over the thankfully-retired John McMahon.  Get some construction trade thugs to oversee the Labor Department, what could possibly go wrong? What the bleep was Markell thinking by backing McMahon and Deluca?  Is she allowed to fire Tiny Tony’s ass?  Or is he still untouchable?

*The Judiciary Committee considers legislation that would eliminate the ‘Three Strikes, You’re Out’ provision of a lifetime mandatory sentence for those deemed habitual offenders.  SB 163 (Peterson) is one of the most progressive bills we’ll see this year.

Today’s House Committee Meetings.

*Oh, I like this one.  HB 231 (Matthews) requires charter schools to participate in the state retirement system.  Education Committee.

*Pete ‘n Val’s House Administration Committee considers HB 165 (Heffernan), which ‘requires that all full-time employees of the State, including employees of school districts, continuously in the employ of the state for at least one year, shall be eligible for 12 weeks of paid leave upon the birth or adoption of a child 6 years of age or younger. Both parents would be eligible for such leave’.  Paid family leave. About damn time.  This one may require some heavy lifting so, when the time’s right, contact your legislators.

*Not sure how I feel about this one.  HB 239 (Dukes) creates the new crime of  “Drug Dealing–Resulting in Death”. I understand that the bill is trying to get ahead of the epidemic of OD’s on controlled substances like heroin and fentanyl.  But we’ve just gone through a period of 3-4 years where the General Assembly has wisely cut back on the excessive mandatory sentencing encoded during the Tom Sharp/Wayne Smith/Jim Vaughn/Jane Brady years. If there is a gap in current law, then fine. But if this is just one more charge to be piled onto a raft of other charges that can be levied, then this would be a reversal of the progress that the General Assembly has made.  Out of the (I’m giving legislators the benefit of the doubt here) best of intentions often comes ill-considered legislation. Public Safety & Homeland Security Committee.

Here is today’s Senate Agenda. Since Sen. Marshall has already laid the minimum wage bill on the table, it will be reconsidered only if he requests that it be brought back up.  HB 245 (Q. Johnson) will be worked on Thursday.  It’s sort-of a clean-up Bond Bill, and addresses funds for possible downstate court expansion as well as authorizing $400,000 in community redevelopment funds for the Jackson Street and H. Fletcher Brown Boys and Girls Clubs. The bill passed the House with one no vote (Matthews) yesterday.

One final note. I think that the Governor’s proposed FY ’17 Proposed Budget will likely surface tomorrow. As if we didn’t already know, let’s see who he screws this time.

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  1. DelawareIsWannaBeProgressive says:

    Actually SB163 is far less progressive than it may seem. It’s good for people who were sentenced or facing mandatory life as an habitual offender. It’s HORRIBLE for so the non-mandatory life habitual offenders. Right now, for a fourth felony, if it’s non-violent, the judge has full discretion, and can sentence anywhere from no prison time up to life. Now, this will force the judge to impose at least 5 years in every such case. There are lots of plea deals in forgery, car burglary and other low level Title 11 non-violent felonies in the 6 month, 1 year, 2 year range. Far less than 5 years in every case.

    http://legis.delaware.gov/LIS/lis148.nsf/vwLegislation/SB+163/$file/legis.html?open

  2. #Hashbrown says:

    Jack Markell and Bryon Short won’t even tell us where they stand on raising the minimum wage. I’m curious what the (D) stands for next to their names; It’s obviously not for Democrat.

    From WDDE:

    “Gov. Jack Markell (D) won’t say whether he’d sign the bill and Rep. Bryon Short (D-Brandywine Hundred), who chairs the House Economic Development Committee and is running for Delaware’s lone congressional seat this year, didn’t respond to a text message asking if he’d support it either.”

    http://delawarepublic.org/post/state-senate-vote-minimum-wage-hike-delayed

  3. The Senate passed the minimum wage bill. Of course, it was emasculated a bit. Four years of 50 cent increases, no COLA adjustment.

    Party line vote except Dover DINO Brian Bushweller went not voting. About time someone more progressive looked into challenging him. Unfortunately, he’s not up this year.

  4. puck says:

    Bushweller wasn’t the problem on this bill. It was a party-line vote, so Democrats alone were responsible for removing COLA and $15/hr. I wonder if that was at our Governor’s insistence.

  5. Of COURSE Bushweller was a problem, if not THE problem. In order to get to 11 votes, Marshall had to remove the COLA provision. Meaning, at least one of the ultimate yes votes made their vote contingent on removing those provisions.

    None of which would have been necessary had Bushweller committed to voting for the bill. But, what do you expect from someone whose entire career has been tied so closely to his mentor and former boss Tom Carper?

    As to our turncoat Governor, here’s the bullshit coming out of his office, courtesy of the News-Journal:

    “Courtney McGregor, a spokeswoman for Gov. Jack Markell, in a statement said that Markell was proud of the last increase in the minimum wage and “supports continuing to work to ensure the minimum wage is at an appropriate level.” But did not outright say the governor support Marshall’s bill.

    “[Markell] looks forward to conversations with Sen. Marshall and others to review the full impact of the bill,” McGregor wrote. “Whatever the outcome, it’s important to recognize that other issues must be addressed to best support and improve access to the middle class.”

    Markell’s proud of the $8.25 minimum wage because he succeeded in emasculating the previous attempt to increase the minimum wage. That’s what this turncoat D takes pride in.

    BTW, those words are almost exactly what came out of the Governor’s office during the last minimum wage debate.

  6. puck says:

    None of which would have been necessary had Bushweller committed to voting for the bill.

    If Bushweller had committed to Yes then some other Dem would have been persuaded to be the holdout. And if not, maybe even a veto. That’s how Markell rolls.

  7. Markell’s weasel words make clear that he doesn’t want to sign the minimum wage bill as is. He’s counting on Pete ‘n Val to do his dirty work for him. It’ll be interesting to see what committee the bill is assigned to. Last time, it was Bryon Short’s Business Lapdog Committee. Betcha he doesn’t want to see that bill in his committee this time, as he at least needs to appear to be a real D, even though he slow-walked the last minimum wage bill.