General Assembly Post-Game Wrap-Up/Pre-Game Show: Weds., March 28, 2018

Filed in Delaware, Featured by on March 28, 2018

Karen Hartley Nagle’s dream of one day becoming New Castle County Executive is on its way to becoming just another of her delusions.  The House passed legislation yesterday that would have the Governor fill a vacancy in that office, and that would also allow the Governor’s appointee to subsequently run for the position.  The original bill, which would have made the County’s Chief Administrative Officer the acting County Executive, was amended to provide for an appointment by the Governor.  That concerns me.  You could well have a governor who is not even a resident of NCC appointing the County’s top executive officer.  Geez, if Ruth Ann Minner had exercised that power, we might have ended up with County Executive Mark Brainard.  Perhaps mindful of that, or perhaps not, the following representatives voted no: Bolden, Jaques, Kowalko, Lynn, Matthews and Potter.

In a rare show of constructive cooperation,  HS 1/HB 302(Bentz), which seeks to keep deadly weapons away from those who are a danger to themselves and/or to others, unanimously passed the House. However, it’s not the vote I speak of.  This is complicated legislation that addresses a complicated issue.  Legislators from both sides of the aisle, along with the AG’s office, really worked together to try to make this bill work.  As opposed to D’s and R’s fighting to show who can be the most supplicant to the Chamber, this is my kind of bipartisanship.  Congratulations to all.

SB 139 (Townsend),  which ‘requires that health insurance offered in this State provide coverage for fertility care services, including in vitro fertilization (“IVF”) procedures, for individuals who suffer from a disease or condition that results in the inability to procreate or to carry a pregnancy to a live birth’,  unanimously passed the Senate.  Remember, when coverage is mandated, someone is gonna pay for that coverage, and it won’t be the insurance companies.  Just something to keep in mind.

OK, kids, it’s committee highlight time. Starting with the Senate:

*What Will Greg Do?  On this bill? This bill that raises the age for purchasing many firearms from 18 to 21?  This committee of five has two co-sponsors, two opponents, and Greg Lavelle.  I almost think he has to vote the bill out of committee, but we’ll see.

*A couple of curious bills from Sen. Lopez, both in the Senate Environmental, Natural Resources & Energy Committee.  SB 133 has ‘Sussex County vs. DNREC’ stink all over it.  Check out the synopsis:

This Act acknowledges that the Department of Natural Resources and Environmental Control has been collecting natural resource data for years without the consent of the respective property owners. This Act further prohibits the dissemination of natural resource data to any person or entity without first disclosing the date and method of collection along with obtaining the written consent of the respective property owner. In the event written consent cannot be obtained during a two year period following the effective date of this Act, the Department must expunge, without the distribution or transmission to any other person or entity any natural resource data.

I don’t know the story behind this, but I know that there is one.  Any Sussex Spies know what’s going on here?

The other Lopez bill is one of those ‘protected class’ bills:  “This act enhances the penalty for Theft when the victim is a veteran of the United States Armed Forces.” Ernie the Pander Bear.

*The Health, Children & Social Services Committee will hold a hearing on the state of Delaware’s drinking water issues.

*The Senate Executive Committee considers these nominations.  In fairness to Sherry Dorsey-Walker, I spoke to someone at Kerri Harris’ event last night who told me that Sherry has done good work with the prison system and would be a great addition to the Board of Parole. I hereby retract yesterday’s snark.

*SB 85 (Henry) requires ‘schools that suspend at a high rate or that show significant suspension disparities to take meaningful corrective action by implementing plans to reduce these numbers and by replacing out-of-school suspensions with more effective and restorative discipline interventions’.  This bill has bipartisan support. Education Committee.

Now, for the House committee highlights, starting with two more examples as to why Rep. J. J. Johnson is one of the finest legislators in recent memory:

*HB 306 and HB 307  continue the incremental rollback of ill-considered minimum mandatory sentences, particularly as they pertain to juveniles. I am so gonna miss Rep. Johnson. Judiciary Committee.

*I really like HB 73 (Briggs King), which:

requires an elected official or other paid appointed official of this state or any county or political subdivision who is also employed by any state agency, education, or other institution, or any other political subdivision of this State to disclose such employment to the Public Integrity Commission (PIC). This disclosure will assist the PIC and the State Auditor in evaluating if the official is receiving dual compensation for coincident hours of work.

Tony DeLuca’s desk drawer existed for bills like these.  However, I’d propose an amendment that adds ‘or any other institution that receives funding from the state’ after the word ‘education’.  Just want to make sure that Nicole Poore is not getting paid twice for ‘coincident hours of work’. If she even has to show up for work at Jobs For Delaware Graduates.  House Administration Committee.  Viola has retired from his ‘job’ working for Tiny Tony at the Department Of Labor, so maybe he’ll be a yes.

*OK, kids, time for an Irony Alert. HB 399(Longhurst) is the first leg of a constitutional amendment ‘to provide equal rights on the basis of sex.’  Today, Our Champion Of Equal Rights PAL Longhurst will address those rallying in support of this legislation. The irony is that those who currently work for the General Assembly, particularly the House, are well aware of how her talk doesn’t match her actions when it comes to fair and equal treatment of staff.  Also remember that the Executive Director of the Police Athletic League is prime sponsor b/c she gets to sponsor whatever she wants to sponsor.  She remains the biggest hypocrite in Dover. House Administration Committee.

*HB 263(Paradee) ‘prohibits insurance companies from frequently attempting to settle claims with their insureds for less than an amount a reasonable person would believe to be fair based on a common, verifiable compilation of valuation data, such as the NADA guides’.  Business Lapdog Committee.

*HB 326 (K. Williams)  creates a program to ‘encourage Delaware students with intellectual disabilities to pursue studies for a comprehensive certificate or degree at a Delaware institution of higher education in order to promote economic self-sufficiency.’  Education Committee.

*The Education Committee also considers HS1/HB49 (Jaques), which seeks to turn schools into impenetrable fortresses. I exaggerate for effect,  but is this a wise expenditure of our education dollars?  The bill is named after Joe Miro, presumably b/c he was a teacher and he’s retiring.  Hey, it’s every bit as appropriate as naming a prison after Jim Vaughn. Come to think of it, nothing is more appropriate than naming a prison after Jim Vaughn.

*Another good bill from Rep. Johnson. HB 339  ‘allows children under the age of 18 to be transferred to the Department of Corrections only after adjudication and an imposition of a sentence of incarceration…The trend nationwide is to hold juveniles charged with adult offenses in juvenile facilities pretrial as these facilities provide educational and rehabilitative programs. Corrections Committee.

*An important but controversial bill wraps up our committee preview.  HB 270 (Mulrooney)  establishes a framework for assessing needs, planning and implementing projects, and providing a funding source to enhance and accelerate Delaware’s efforts in cleaning up its contaminated water resources, ensuring that all our citizens have safe drinking water, reducing flooding, and protecting jobs in agriculture and tourism’. Bottom line: Delaware’s drinking water sucks, we’re facing rising waters,  and something needs to be done.  The plans are ambitious, and would be funded by a ‘clean water surcharge’ that would be used exclusively for capital projects designed to address the key water issues facing us.  $40 per individual,  $80 for those filing a joint return, and $45 for business licensees. I encourage you to read the entire synopsis. This proposal can significantly address our water-related issues while boosting economic development through public works projects.

The Senate may work some confirmations today, but, other than that, it’s green across the screen. I’m outtahere.

 

 

 

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  1. Paul says:

    Ruth Ann Minner endorsed the Democratic candidate for the 36th District, blue collar man Don Allan. Don posted her endorsement on Facebook. Given her habit of awarding donors with special gifts, it is difficult to imagine how this endorsement helps him. But what do I know…

  2. Don says:

    Re: HB 270, I ran across this letter from Allen Muller of Green Delaware, that made me think this bill needs some re-consideration. The proposed surcharge (tax) is clearly regressive and, once again, lets the real polluters off the hook for clean up. Let’s hope there are some amendments made before this passes. I’m not familiar with the folks behind Green Delaware. Thoughts?

    Dear legislators:

    We have been following HB 270 and its predecessors. Delaware obviously has an urgent need to improve the quality of its waters–drinking waters, surface waters and groundwaters. But HB270 has too many problems to deserve passage in its present form. Some of these:

    o The proposed revenue generation is regressive, the costs would unjustly fall on the general population rather than those entities causing the water pollution.

    o We have little confidence that meaningful public participation in the allocation of resources would occur, because it doesn’t happen now, and the same mechanisms would be used.

    o Historically, Delaware has tended to use “clean water” funds to install sewers in rural areas, subsidizing additional sprawl development, rather than to clean up existing problems such as the gross pollution of the Christina and Brandywine Rivers by the City of Wilmington.

    o Delaware’s water quality problems will not be abated until the “dots are connected” between regulatory programs. This means NOT allowing pollution from past and present agricultural and industrial activities which then has to be cleaned up by water treatment facilities.

    o More attention need to be focused on health hazards from private wells that are now mostly untested and unregulated.

    We hope that during this session the General Assembly will be open to developing and passing improved legislation addressing these and other issues.

    Respectfully submitted,

    Alan Muller
    Green Delaware

  3. Minner is still beloved in her district.

  4. “Senate Environmental, Natural Resources & Energy Committee. SB 133 has ‘Sussex County vs. DNREC’ stink all over it.”

    agreed.

    It looks like a continuation of the battle in the Minner era over mostly Sussex land owners winning in their resistance to the application of DNREC’s State Resource Areas and Green Infrastructure over-lay mapping. Dave Carter was in the agency at the time.

    Also, good to see Muller’s interpretation of flaws in HB 270 making the rounds.

  5. Alby says:

    “Minner is still beloved in her district.”

    Evidence of lead-tainted water?

  6. spktruth says:

    Developmentally Disabled nor staff have had a raise since Minner was Gov. She actually cut programs, services, and budgets of State contracted providers. Never replenished! Minner a total train wreck for the entire special populations programs. Delaware is near the bottom of these services. Thank God for Mississippi. Who speaks for these citizens.

  7. spktruth says:

    Alan Mueller is of course correct, always has been on these issues. If our legislators had listened to him, we wouldn’t have this horror stories statewide. Of course WE are going to pay for these cleanups, its always been their plan. Corporations Rule Delaware.

  8. Problem with Alan was, IMHO, that he was his own worst enemy, and wasn’t able to effectively work the process. I remember that he was arrested and detained during the Minner swearing-in ceremony. I wrote a song about it (sung to the tune of CSNY’s ‘Ohio’):

    John Carney and Minner comin’
    They’ve shackled him to a chair
    It’s January and I’m bummin’
    They’ve dissed Green Delaware

    Gotta call Lee Murphy
    Mobilize all of Port Penn
    Put on my gas mask
    take a pee (unless it’s raining)
    Mobilize all four of my members
    So that they’ll be with me when
    We burn McBride in effigy…

    The ‘take a pee/raining’ reference was to a Wilmington sewer overflow task force at the time. Lee Murphy was one of Alan’s allies. McBride, of course, was Dave McBride, who chaired the Senate Environmental Committee at the time. Port Penn was Muller’s home base.

    In many ways, Muller reminds me of Floyd McDowell and yes, a certain beknighted legislator of a progressive stripe: Often so right on the issues but so ill-equipped to turn them into meaningful change.

  9. RE Vanella says:

    How can you run when you know?