General Assembly Post-Game Wrap-Up/Pre-Game Show: Weds., May 18, 2016
I need our readers to enlighten me on two roll calls that took place yesterday:
1. HB 330 (Heffernan), which unanimously passed the House, was defeated in the Senate. 7 Y, 13 N, 1 NV. That’s rare, especially with both houses in control of the D’s. And this vote didn’t reflect a partisan split. Here’s the bill’s synopsis:
All Notices of Intent issued by the Division of Child Support Enforcement are sent regular mail except for the insurance lien notices. This Act removes the requirement that notice to non-custodial parents for insurance settlement liens taken for child support arrears be sent by certified mail and, instead, substitutes notification to the non-custodial parent via regular first-class mail. This legislation will allow for this section of code to become uniform and reflect more recent administrative enforcement notice requirements such as State and Federal Tax Refund Intercept, Notice of Income Withholding, Passport Denial, Lottery Offset, and Credit Bureau Reporting.
Does anyone have some insight into what happened? Call me curious.
2. When it comes to braking systems, I don’t know jack. Or is that Jake? HB 288 (K. Williams) increases the penalty of unlawfully using any brake or braking system that is attached to, or an integral part of the vehicle’s internal combustion engine or exhaust systems, also known as a jake brake, to include a moving violation. Could someone automotively-inclined explain to me why this is dangerous? And could someone politically-inclined explain to me why 11 Rethugs voted against it? Is it simply b/c ‘gummint’?
I consider it progress that only five reps voted against HB 373(Bolden), which:
amends the definition of family to make spouses and couples gender neutral. This bill also permits the transfer of misdemeanor criminal jurisdiction in cases involving former spouses, persons cohabitating with or without a child in common, and persons living apart with a child in common from the Court of Common Pleas to Family Court. Currently, Family Court has civil jurisdiction to issue civil protective orders between former spouses, persons cohabitating with or without a child in common, and persons living apart with a child in common and this bill would add misdemeanor criminal jurisdiction for those relationships to Family Court.
The usual southern trogs. In this case, Briggs King, Collins, Dukes, Kenton, and marble-mouthed auctioneer Wilson.
Just click on 5-17 here to see the entire day’s legislative activity.
Today’s Committee Schedule:
Here are the items that I find interesting:
*Ya wanna have a big ‘barn party’? SB 260 (Simpson) includes that as an accepted activity under the Agriculture Lands Preservation Act (it’s not just for farming any more). Senate Agriculture.
*If you wonder why I’m such an admirer of Sen. Bryan Townsend, SS1/SB 134 is one reason. The Homeless Individuals’ Bill of Rights:
An individual’s housing status should not be a basis for discrimination. This bill establishes a “Homeless Individual’s Bill of Rights” that provides rights to protections for individuals experiencing homelessness, including protections from discrimination while in public and while seeking access to housing, employment, and temporary shelter. This bill vests important investigatory and enforcement authority with the State’s Division of Human Relations and the State Human Relations Commission, similar to their roles with Delaware’s Equal Accommodations Law and Delaware’s Fair Housing Act.
In Senate Community/County Affairs Committee.
*SB 250(Simpson) proposes that a special election be held when the post of Lt. Governor is vacant. All R sponsors. This is the first leg of a Constitutional Amendment. As such, it must pass in two consecutive sessions of the General Assembly. Senate Executive Committee.
*Another proposed Constitutional Amendment does away with the elective office of Registers of Wills in all three counties. In their place, the Register of Wills function would be statewide and under the jurisdiction of Chancery Court (the Register of Wills currently acts as a clerk to Chancery Court). Senate Executive Committee.
*SB 259 (Henry) provides for a statewide expansion of the needle exchange program. The program is currently limited to the City of Wilmington. Senate Health & Social Service Committee.
*The annual corporation law package has passed the House and will be considered in today’s Senate Judiciary Committee. As you likely know by now, these are the bills prepared by the Corporation Law Section of the Delaware Bar, and are purportedly designed to keep Delaware on the ‘cutting edge’ of corporate jurisprudence.
*I really like HB 381 (Baumbach), which requires greater transparency, efficiency, and fairness in health insurance pre-authorization programs. Unfortunately, it’s in the House Business Lapdog Committee, so let’s see if the committee believes insurance industry lies as readily as it buys into Chamber of Commerce talking points on minimum wage.
*Farmers vs. DNREC, The Battle Continues. Once again, the downstate forces are coming to the aid of farmers with runoff ‘issues’. This time in the guise of HJR 11 (D. Short), which, citing that ‘Regulations Flexibility Act’, seeks to tie DNREC’s hands in enforcing stormwater runoff regulations. I warned everybody about Bryon Short’s Regulations Flexibility Act, which purports to eliminate bureaucratic red tape that impedes business growth, but, in fact, makes essential regulation and protection more difficult to enforce. We now have the Chicago School of Economics standard, and it’s cited in HJR 11: “(A) deliberate process allowing for a review of alternatives is necessary to assure that the burden of compliance does not significantly outweigh environmental benefits.” You know, environmental benefits like keeping all that chicken shit out of the coastal waters. In the House Natural Resources Commitee.
There is a Senate Agenda today. Perhaps most noteworthy is HS1/HB 1(K. Williams), which requires stronger reporting requirements for incidents of assault at institutions of higher education. The bill passed unanimously in the House. Barring another hinky roll call, I expect a similar result in the Senate.
Tags: Featured
Jake Brakes are extremely loud. You know that sound a truck makes when it is rapidly braking? That’s Jake Brakes. Ordinances have been passed in many local towns to prohibit the use of them. I know Avondale, PA is one of them because I see the signs prohibiting their use in town limits.
Jake brakes are theoretically cheaper for the operator because they reduce the frequent repair or replacement of standard brakes; thus the Republican support.
I like Townsend’s bill. Perhaps he could add a line or two preventing DelDOT from tossing people’s personal effects when clearing a homeless camp. Way to go, DelDOT. That stuff you threw out may have included a birth certificate, medical records, a state ID or other useless trash.
http://delawarestatenews.net/government/deldots-removal-homeless-bridge-questioned/
Kim Williams with yet another solution in seach of a problem. I still like Kim, but I’m sensing a trend. What Maryland based noise advocate convinced her this was a problem in Delaware?
There are plenty of developments that are adjacent to highways where trucks pass — listening to jake brakes going all night long would be No Joke.
However, I think this is a master planning siting problem first.
which, citing that ‘Regulations Flexibility Act’, seeks to tie DNREC’s hands in enforcing stormwater runoff regulations.
From the synopsis:
What this means is that they will allow more pollutants and leave the eventual cleanup bill for taxpayers. Nutrient-rich runoff is no joke and is one of the big things that have choked the Chesapeake Bay. Short’s effort here would loosen the strings for polluters and leave taxpayers to foot the cleanup bill. And then we’d have more people claiming that polluters should pay while their legislators are specifically making that impossible.
What this means is that they will allow more pollutants and leave the eventual cleanup bill for taxpayers.
The way the DNREC regulations are written now, you don’t have to comply at all if you pay a “fee in lieu.” So the larger polluters will just pay a one time fee, not do any stormwater mitigation, and the taxpayers, as usual, will foot the bill for the eventual clean up.
The DNREC stormwater regulations are a good thought on paper, but they have a lot of problems other than the “fee in lieu.” One example is that the regulations contradict the guidelines for farmers when it comes to avian flu while adding $20,000+ to the cost of each new chicken house a farmer builds. So it drastically increases the cost of chicken farming while simultaneously endangering every flock in the state. That’s brilliant.
Meanwhile, DNREC has their fingers up their collective asses when it comes to fixing major problems like the toxic ash piles at Edgemore and Indian River that sit directly on Mother Earth, while leeching into the Delaware and Indian Rivers.
The reality is that DNREC didn’t give a sh*t about the environment until Collin O’Mara took the reigns and now that he’s gone, it’s a sh*t show again.
What Maryland based noise advocate convinced her this was a problem in Delaware? No one this is a constituent driven bill.
Sen. Blevins, DelDot, the State Police and I have been meeting with our constituents for a year regarding the issues on 41. We have held two town hall meetings to discuss concerns on 41 – the jake brake bill is a suggestion from one of our meetings with the community, DelDot and the State Police. There are signs that warn the truckers about using their jake brakes but they continue to ignore them. The truckers are fined and their company just pay the fines. This bill is attempt to let truckers know if you break the law, we can not only fine you but now it could possibly be a mark against your driving record. Its like driving through Newport, you know not to go above 30 or you are most likely going to get a ticket.
Below is a link to a Delaware Online article about the issue.
http://www.delawareonline.com/story/news/2015/11/10/public-meeting-truck-traffic-del-41/75516592/
The end game for the WEIC redistricting is in sight, and it appears to be a bait-and-switch as expected.
HJR 12 (the resolution approving the redistricting plan) was voted out of the House Education committee. Meanwhile there is HB 390, which removes any requirement that the redistricting be accompanied by funding:
“This bill 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.”
Let’s see if Red Clay rolls over for this too.
WDEL jumped the shark when posting this headline –
Republicans walk out of committee vote that released Wilmington redistricting plan
http://www.wdel.com/story/75115-republicans-walk-out-of-committee-vote-that-released-wilmington-redistricting-plan
Yes, they did leave the Education Committee and yes, the optics were bad but the GOP had some downstater big fish to fry upstairs in the House Natural Resources Committee where Dan Short led the way for a string of public comment in protest of DNREC’s stormwater control regulations negative impact on Sussex landowners.
The House Education Committee was significantly late opening in the first place and further delayed by the refusal of any GOP to vote to release HJR 12.
Chair Earl Jaques had incorrectly counted votes to release at 8 when there were only 7 in favor. The GOP on the committee stuck around long enough to make sure the Dems actually got their 8th vote (Ed Osienski was in the Public Safety Committee and had to be fetched) and then they booked upstairs.
Bane:
If you put Deldem’s video on autoplay and go to sleep, you will understand what those people along 41 (which is the prime Northwest Passage for all the poultry farming on the DelMarva Peninsula), experience and you too, will ask for a state law banning jake braking YouTube videos from being played while you sleep….
But thanks to Kim, the educational community now has an accurate nickname for Earl Jaques who is prone to pocketing legislation which Markell does not like, in his House Educational Committee: “Jake” Braking…
Kim, can we get an amendment (even in jest) added to that bill which would ban Jaques braking? 🙂