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A possible conflict in recently passed Senate Bill 1, the workers compensation reform bill, has forced officials to put the legislation on hold. Insurance Commissioner Matt Denn said some language contained in the bill is unclear with respect to whether sole proprietors who were previously exempt from purchasing workers compensation insurance would now be required to purchase it.
Local self-employed workers said the cost of the insurance is as much as 20 percent of their income. Under the old law, as officers of their own business they were not required to purchase the insurance.
“As a result of the ambiguity, the Department of Labor has decided not to require any people who were previously exempt to purchase the insurance until such time as the General Assembly re-examines the relevant language in S.B. 1 and makes a determination as to how to resolve this issue,” he said.
Lawmakers back in action
The General Assembly will return to session on Tuesday, March 13, after seven weeks of Joint Finance Committee hearings.
One of the major issues occupying House members’ time will be a scramble to fill the majority leader’s post to be vacated by Rep. Wayne A. Smith, R-Clair Manor, when he steps down Monday, March 12.
Smith is leaving the seat to become president of the Delaware Healthcare Association, a lobbying organization for the health care industry.
Already expressing interest in the post are Rep. Deborah Hudson, R-Fairthorne, Rep. Richard Cathcart, R-Middletown, and Rep. Gregory Lavelle, R-Sharpley.
A special election will take place in mid-April to fill Smith’s seat in the 7th District.
Key bills introduced recently include:
• House Bill 60 would specifically address the General Assembly’s operations. “It mirrors the language of the Freedom of Information Act and deals solely with the State House and Senate,” said Rep. Robert Valihura, R-Delaware North, sponsor of the legislation.
H.B. 60 would allow closed meetings only under defined circumstances, similar to the Freedom of Information Act’s executive-session restrictions. Under current law, the state legislature is exempt from FOIA requirements.
Valid reasons for closed meetings would include ongoing criminal investigations, personnel discussion and discussions about possible site acquisitions for state projects.
Party caucuses are also excluded from open-meeting requirements.
A group working on improving state government has also recommended that the State House of Representatives web cast the audio of the chamber’s action on the floor. Rep. Donna Stone, R-Dover South, said 41 states currently web cast their legislative proceedings.
“This initiative can be done in-house, with existing money and will not require that we take any legislative action,” Stone said. “I hope the Senate will follow our lead and stream their audio on the net with a link posted next to ours.”
The bill was assigned to the House Administration Committee on Feb. 27.
• H.B. 4, a mandate requiring the state’s annual operating budget be introduced at least three legislative days prior to the end of the General Assembly session, June 30, and the capital spending plan, or Bond Bill, be introduced at least two legislative days prior to the end of the session. All 18 House Democrats who previously voted against H.B. 4 have vowed to support H.B. 4 if given another opportunity to vote. The bill is expected to be reintroduced in mid-March.
• H.B. 42 would expand the Sussex County Council from five to seven at-large members in the 6th and 7th districts. Sponsors are Rep. Joe Booth, R-Georgetown, Sen. Gary Simpson, R-Milford, Rep. Pete Schwartzkopf, D-Rehoboth Beach, and Rep. Gerald Hocker, R-Ocean View.
• H.B. 45 replaces the Delaware Solid Waste Authority’s voluntary recycling centers with a mandatory curbside-recycling program with no user fee to state residents. The bill was assigned to the House Energy and Natural Resources Legislature
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Committee on Feb. 27. The bill was assigned to the House Housing and Communities Affair Committee on Feb. 27.
• H.B. 50 is the bill for increased fees in the Delaware Department of Transportation for the Transportation Trust Fund. Revenue sources to be increased include fuel taxes 5 cents a gallon, vehicle document fee from 2.75 percent to 4 percent over two years and the vehicle registration fee from $20 to $30. Sen. Thurman Adams, D-Bridgeville, is one of the co-sponsors. The bill was assigned to the House Revenue and Finance Committee on Jan. 25.
• H.B. 54 requires that a computer service provider who discovers child pornography on a computer being repaired notify the Delaware State Police or local police. A computer tech who fails to provide the information to police is guilty of a class A misdemeanor. Local sponsors include Rep. John Atkins, R-Millsboro, Rep. George Carey, R-Milford, and Sen. George Bunting, D-Bethany Beach. The bill was assigned to the House Judiciary Committee on Feb. 27.
• H.B. 61 would require a candidate running in a general election to disclose if they owe any local, state or federal taxes or if they are delinquent on any child support obligations. Under the proposed law, candidates would have to file a statement between Aug. 1 and Sept. 1 of the election year. Failure to do so would result in a $50-a-day fine. The statements would be posted on the election commissioner’s website. Simpson is a cosponsor and additional sponsors include Atkins and Hocker. The bill was assigned to the House Administration Committee on Feb. 27.
• H.B. 65 would prohibit public and charter schools from serving food with more than 0.5 grams of artificial trans-fatty acids to students in all grades. The bill was assigned to the House Education Committee on Feb. 27.
• H.B. 66 would amend the state school bus law and requiring drivers to stop at least 100 feet from the front or rear of a stopped school bus. The bill was assigned to the House Public Safety and Homeland Security Committee on Feb. 27.
• H.B. 67 amends Title 4 of the Delaware code relating to alcohol purchase by minors, adding the purchase or attempt to purchase alcohol by someone under the age of 21 as an offense. The law now reads: “Whoever, being under the age of 21 years: (1) has alcoholic liquor in his or her possession at any time; (2) purchases alcoholic liquor; (3) attempts to purchase alcoholic liquor; (4) consumes alcoholic liquor; (5) is found to have consumed alcoholic liquor, shall have his or her Delaware driver’s license revoked for a period of 30 days for the first offense and not less than 90 days, nor more than 180 days for each subsequent offense.” The bill was assigned to the House Judiciary Committee on Feb. 27.
• H.B. 68 would restrict legislators from lobbying for one year after their term ends. The bill is in response to the resignation of House Majority Leader Smith, who is leaving his post to head a health-care lobbyist group. The bill, which would become effective Jan. 9, 2008, was assigned to the House Administration Committee on Feb. 27.
• H.B. 70 would allow the public to have access to General Assembly meetings except caucuses. The bill would also allow the public to have access to records. The current exceptions that apply to public bodies and public records would apply to meetings and records of the General Assembly. Schwartzkopf is a local sponsor. The bill was assigned to the House Administration Committee on Feb. 27.
• Senate Bill 17 sets requirements for low-speed vehicles to operate on state highways. The regulations apply only to vehicles operating between 20 to 25 mph, and allow them to operate on highways with a posted speed limit of 35 mph or less. The vehicles would be exempt from normal safety inspections but operators would need a valid driver’s license and insurance. Low-speed vehicles are suited for urban driving and are usually equipped with electric motors. Hocker is one of the sponsors. The bill was assigned to the Senate Public Safety Committee on Jan. 17.
• S.B. 23 would remove military deployment as a factor in automobile insurance rates. The bill was assigned to the Senate Veterans Affairs Committee on Jan. 18.
• Senate Bill 31 would prohibit the practice of credit scoring in setting premiums for automobile and homeowners insurance in Delaware, and in denying applications for automobile or homeowners insurance. Schwartzkopf is a local sponsor. The bill was assigned to the Senate Insurance and Elections Committee on Jan. 25.
Contact Ron MacArthur at ronm@capegazette.com
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