What’s going on in the Delaware legislature? Those guys love to make laws, let’s check up on what they’re up to. The 1/18/16 Edition

A bill to make us pay for in vitro fertilization? Just because you’re mayor doesn’t mean you can marry me and other oddball laws to reign us in.


Introduction to All I Don’t Know

So the new year has begun in the Delaware state legislature and tune in to this Blog for lawmaking shenanigans, updates, proposals and nonsense going on as laws are churned out that affect thee and me.

To begin my learning curve as I do, yes I do yon ladies and gems, have to learn how all this stuff happens, the peoples involved, the acronyms.

So they have this little thing you click and it explains all the abbreviations. Or so it said.

I do know an “HB” is a House Bill and an “SB” is a Senate Bill. An “HJR” is a House Joint Resolution but I don’t know how it works or just what is a Senate Joint Resolution.

If yon readers bear with me as I learn, well I got opinions to share.

The Infamous OPT-OUT Bill

So Governor Markell vetoed the so-called “Opt-Out” bill and right now, yon readers, I’m a bit vague. But I got a lot of Delaware legislative buddies including mine own Steve Smyk (who belongs to my church and missed my debut as a wonderful dancer at the Parish Appreciation Party) and Brian Pettyjohn. I may need to do some consulting.

I did have a grandchild in Delaware schools until the Family Delaware court of NO JUSTICE declared ME the bad guy over my crazy daughter until my crazy daughter spent three months in the hospital as is her wont for the last 23 freaking years (it’s called Factitious Disorder and it’s very real….addition to hospitals!) and lost custody of her child. Yes, of course I begged the Family Delaware court of NO JUSTICE to hear me out but let’s move on.

At the time granddaughter was knee deep in the Common Core thing but since then that phrase has gotten such a bad aura that the Republican candidates are using support of Common Core as a very bad NEGATIVE!

But damn, the gubmint wants to take over the schools, dammit, so they renamed the Common Core test something else and my head spins.

The legislators are faced with angry parents who want their kids removed from this nationwide testing that is somehow, sneakily, aligned with Common Core or whatever sneaky name they call it this week that the Ruling Elite raises our children and determines what they learn, how they learn and what they have to do to pass.

Instead of over-riding the vetoed bill, as our legislature is allowed to do, the Democrats have turned into the slaves of Markell that they are and refuse to do.

Thus we have, whew, House Resolution 22

This Resolution will require the Delaware Secretary of Education to propose options for the General Assembly to consider for adoption as Delaware law as it pertains to the decision by parents to opt their children out of statewide assessments. The Secretary shall provide options for implementation of a uniform procedure and process by which all schools and school districts within this State notify parents of their right to opt out, along with a standard procedure to accomplish the same.
This joint resolution also prohibits the Department and schools from penalizing any student deciding to opt out. It is intended that such prohibition be incorporated within any legislation adopting a procedure offered by the Secretary.

sf1.17.16dellegjohnkowalkoRep. John Kowalko, D-Newark South, speaks at the Statehouse in Dover on Thursday. Lawmakers rejected a veto override vote on a school test bill. (Photo: JASON MINTO/THE NEWS JOURNAL)

Now this Resolution seems to be an attempt by the Republicans and SOME of the Democrats in the Delaware legislature, to work around that veto that the wimps are afraid to over-ride.

I will be covering this more, in the future, and also all updates on this veto, in the future.

Evidently Rep. Kowalko wants to represents his constituents instead of worshipping at the altar of Markell.

HJR 10-Apologizes for Slavery

They been working on this silly thing since 2007 it would seem.

In 2007, the Virginia General Assembly became the first state legislature to formally acknowledge and apologize for a state’s involvement in slavery. To date, the legislatures of 8 of the 18 states which had slaves in 1860 – Alabama, Connecticut, Florida, Maryland, New Jersey, North Carolina,

And now they want Delaware….DELAWARE?…to join in the fun.

This bill has passed. Representative Rich Collins voted against, below his very logical reason.:

State Rep. Rich Collins, R-Millsboro, was the only dissenting vote.  In remarks made on the House floor prior to the vote, Rep. Collins explained his position.
“I am in the process of retiring from the insurance business, and I am turning my business over to a young African-American gentleman who has been a tremendous blessing on his community and I think will be, I hope will be, a tremendous success,” Rep. Collins told his colleagues.  “I’m going to do everything I can possibly do to help him succeed.

“But I have to say I’m going to be a minority vote here.  I’m here for all the citizens of Delaware in 2016.  We have people who have relatives who fought and died in the Civil War to try and stop slavery,” Rep. Collins said.  “We have people who moved to this country after slavery was long gone.  I do not see how I can apologize for them.  I would far prefer to work as hard as we possibly can to create the best opportunity for everyone to move forward and have the best life they can possibly have in this country now.”

We had slaves in Delaware?

I bet they all worked on the famous Sussex county chicken farms.

Not that there aren’t more pressing concerns bothering Delaware or anything.

HB 241-Funniest Bill of Week


So the Mayor of Georgetown can solemnize a marriage? Which seems fine because once all required medical tests are passed and licenses obtained, such as pronouncing man and wife is a small formality.

Still and so only certain individuals should have such ability else we’d be a nation of Clerks of the Peace.

In 2010, House Bill No. 344 (“Bill”) was introduced, in part, to add the mayor of a municipal corporation to the list of individuals authorized to solemnize marriages in this State. The Bill was signed by the Governor and became law, see 77 Del. Laws, c. § 272.

This Act clarifies that it is the intention of the General Assembly for the chief executive officer of every incorporated municipality in this State to be able to solemnize marriages within the municipality’s corporate limits, not just those individuals given the title “Mayor” by their respective municipal charter.

But somebody gets it into their head to appoint a “Mayor” of Long Neck, they draw up a little charter, and boom, every burg along Rt. 13 will have a marrying mayor, complete with Elvis-filled wedding chapels to the side.


This is why too many laws are a bad thing people, getting elected in no way indicates great brain power. For sure they can’t think of everything.

HB 240-Afterschool Program

This bill 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.

Quality afterschool programs have been proven to enhance student engagement, improve likelihood that students will stay in school, and graduate on time. High quality programs can improve participating students school attendance, enhance literacy and help to apply classroom learning in fun and enriching ways to boost students attitudes toward various academic subjects.

After school hours, from 3-6pm, is the most dangerous time for youth and crime, accounting for the peak time for youth to commit crimes or become victims of crimes. 11.3 million children are unsupervised in the United States after school. 28,292 kids in Delaware are on their own during the hours after school.

According to the Afterschool Alliance’s 2014 ‘America After 3PM’ state survey, of all Delaware children not currently enrolled in afterschool, 40% (48,140) would be likely to participate if an afterschool program were available in their community.

Oh dear Lord, they not only want to take over our children during the school hours, now, for want of millions in grant money, they will assume the job of parents AFTER SCHOOL AS WELL.

Soon once a child is born parents will immediate turn him or her over to the state. Visiting hours will be established and the gubmin shall raise the children per its wants and needs.

HB 239-Dealing in Death


This bill creates the crime of Drug Dealing – Resulting in death. This purpose of this bill is to address the recent spike in deaths resulting from substances such as heroin and fentanyl.

It might seem like a good idea but what a waste of time. If someone is dealing illegal drugs, THAT’s the crime. IF the idiot boobaloob thinks so little of themselves that they over-indulge and die, well they call that “survival of the fittest” .
I don’t like it one bit.

HB 235-Friendlier Tax Code

It’s times like this that I don’t make enough money for this job. Because yes, I read the content of this legislature, put on my thinking cap, and I ALMOST understand it.

Although the reality is that HB 235 is one of the more sensible bills requiring action so far this year.

The Delaware Competes Act 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. Apportionment is the process by which multi-state firms determine what share of their total income is “assigned” to Delaware. Currently, income is apportioned to Delaware using three factors: a) property; b) payroll; and c) sales. These factors are expressed as a fraction with Delaware’s share in the numerator and the total amount in the denominator. These three equally weighted fractions are then averaged to arrive at the ultimate Delaware apportionment percentage. The use of property and payroll in this calculation is often criticized because companies that add employment or facilities in Delaware often see their Delaware apportionment rise, which ultimately results in higher Delaware corporate income taxes for such companies.

I did a little spreadsheet compilation, and assuming I did it right….not necessarily always a good assumption, if a company had 500 million in total sales. Suppose they owned five million dollars worth of property in Delaware while owning worldwide property of ten million. Also suppose they paid $250,000 in payroll while paying out payroll of ten million worldwide. Suppose the company’s sales in Delaware were $5,000,000 with worldwide sales at $500,000,000.

According to my spreadsheet calc, using payroll and property totals, this company would have a taxable income of $10,416,666.67.

With the phase in when Delaware taxable is based solely on sales, around 2020 as is the plan, that company’s taxable Delaware income would be $5,000,000.

That’s a decrease of over five million dollars!

So why should a company move to Delaware if there is a penalty for purchasing property and hiring personnel?

Like I say, it’s a good idea.

Had to be the Republicans came up with this.

HB 234-Health Centers

Here we go again messing with the schools and parent jobs.

But of course if the gubmint is going to take over the raising of the generations they are going to need lots of places to handle illness.

It does stipulate parental signature for treatment but why not the school nurst….why this “Wellness center”?

This bill requires all public secondary schools, including vocational-technical schools, but not including charter schools, to have a school-based health center. The state is required to fund start-up costs at the rate of one school per year for secondary schools that currently lack such a 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. Pursuant to House Bill No. 303, approved in June of 2012, insurers are required to reimburse for services provided at school-based health centers recognized by Delaware’s Division of Public Health. Under DPH regulations students under 18 must enroll for service by having a parent or guardian sign a consent form.

HS1 for HB 219-I don’t believe this one

First, I do not know what the hell a “HS” is, much less why it somehow replaces an HB.

But get a load of this….

This bill requires 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. Coverage must be offered to the same extent as all other pregnancy related benefits. Spinal muscular atrophy is an inherited condition that causes nerve cells in the lower part of the brain and spinal cord to break down and die. The condition generally manifests early in life, often the first 6 months, and is the leading genetic cause of death in infants and toddlers. Between one in 40 and one in 50 adults is a carrier and where both parents are carrier, there is a 25% chance that their child will have SMA

So the insurance company MUST pay for in vitro fertilization for couples who BOTH are genetic carriers for spinal muscular atrophy.

I really don’t know what that disease even is. But isn’t there a heredity thing called Tay-Sachs syndrome? Aren’t there other diseases passed through genes and aren’t THOSE people also allowed the cost of in vitro fertilization to avoid defective children?

This bill is now out of committee and I’m thinking some Delaware lawmaker has a big contributor who is a carrier, along with spouse, for spinal muscular atrophy.

What are the odds and why write this damn thing into law? And if you think it’s going to stop here I got a bridge to sell, real cheap.


I do not respond to comments on my posts. I certainly have no problem with such commentary and, indeed, encourage it. But I’ve written my piece and I don’t want to argue it further.

Please feel free to email me at patfish1@aol.com if you want to send me a special comment or have any ideas or information you want to share.
NEXT : Got a Sussex county council report if I can stay awake. And a big interview with the next Sussex county council representative for councilmatic district 3 coming up soon.

One thought on “What’s going on in the Delaware legislature? Those guys love to make laws, let’s check up on what they’re up to. The 1/18/16 Edition

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