THE FIRST GATHERING OF THE 144TH GENERAL ASSEMBLY ADJOURNED ON JULY 1ST, WITH TWO ITEMS FROM OUR LEGISLATIVE AGENDA PASSING IN THE SENATE ALMOST UNANIMOUSLY.  HOWEVER, NEITHER OF THOSE PROPOSALS WAS BROUGHT BEFORE THE FULL HOUSE FOR A VOTE BEFORE THE END OF THE SESSION.

WITH HELP FROM SENATOR MARSHALL AND THE ATTORNEY GENERAL’S OFFICE, WE MANAGED TO GET THE FALSE CLAIMS ACT THROUGH THE LABOR COMMITTEE AND VOTED ON BY THE FULL SENATE WHERE IT PASSED WITHOUT ANY OPPOSITION(20YES, 1 ABSENT).

THE PRIMARY SOURCE OF OPPOSITION TO FALSE CLAIMS ON THE HOUSE SIDE, CAME FROM ASTRA ZENECA AND THE PHARMACEUTICAL INDUSTRY AS A WHOLE.  DESPITE OUR BEST EFFORTS TO HAVE THE BILL ASSIGNED TO THE HOUSE LABOR COMMITTEE, THE FALSE CLAIMS LEGISLATION, AFTER PASSING IN THE SENATE, WAS ASSIGNED TO THE HOUSE BANKING COMMITTEE.  LOBBYISTS FOR THE PHARMADEUTICAL INDUSTRY WAITED UNTIL THE ELEVENTH HOUR TO EXPRESS THEIR CLIENTS’ OPPOSITION, LEAVING LITTLE OR NO TIME FOR A MEETING BETWEEN BOTH SIDES TO WORK OUT ANY DIFFERENCES THAT EXISTED. 

IN ADDITION, REP. DONNA STONE, WHO CHAIRS THE BANKING COMMITTEE, DID NOT SCHEDULE A HEARING ON FALSE CLAIMS DURING THE FINAL TWO WEEKS OF THE SESSION, THEREFORE THE BILL REMAINS IN COMMITTEE UNTIL NEXT YEAR.

WITH RESPECT TO PREVAILING WAGE, THERE WAS VERY LITTLE WE COULD DO WITH THE POLITICAL CIRCUMSTANCES WE FACED.  OUR LEGISLATION STALLED AS A RESULT OF COLLECTIVE BARGAINING PASSING.  UNDER SENATOR MARSHALL’S LEADERSHIP AND WITH ASSISTANCE FROM THE DEPARTMENT OF LABOR AND SENATOR DELUCA, PREVAILING WAGE BREEZED THROUGH COMMITTEE AND PASSED THE FULL SENATE 15 TO 4 WITH TWO ABSENT.

THE LEGISLATION WAS SENT TO THE HOUSE LABOR COMMITTEE AND IMMEDIATELY RELEASED BY SPEAKER SPENCE AND PLACED ON THE HOUSE READY LIST.  WITH COLLECTIVE BARGAINING PASSING AND THE IN-FIGHTING AMONG THE REPUBLICAN CAUCUS AS THAT ENSUED, REP. OBERLE AND SPEAKER SPENCE DID NOT THINK THE REPUBLICAN CAUCUS WOULD ALLOW FOR THE BILL TO BE PLACED ON THE AGENDA AND BROUGHT BEFORE THE FULL HOUSE FOR A VOTE.

AFTER SOME PRESSURE WAS APPLIED, PREVAILING WAGE WAS PLACED ON THE AGENDA, BUT AGAIN WAS BLOCKED FOR DEBATE AND A VOTE BY REP. DONNA STONE.  THE BILL REMAINS ON THE SPEAKERS TABLE; ONCE THE HOUSE RETURNS IN JANUARY IT CAN BE LIFTED FROM THE TABLE AND IMMEDIATELY VOTED ON.  REP. OBERLE ASSURED ME THOSE WERE HIS INTENTIONS AS SOON AS THEY RETURN IN JANUARY. 

IN THE END, THE REPUBLICAN CAUCUS COULD NOT ALLOW FOR TWO MAJOR PIECES OF LEGISLATION BENEFITTING LABOR TO PASS IN THE SAME YEAR, LET ALONE TWO DAYS APART.

THERE WERE ALSO PIECES OF LEGISLATION INTRODUCED IN WHICH WE WERE ASKED TO PUT THE WEIGHT OF OUR ORGANIZATION BEHIND THEM, IN AN EFFORT TO GET THEM PASSED.  IN PARTICULAR, HB 238 WHICH PASSED BOTH THE HOUSE AND SENATE, AUTHORIZES DELAWARE PARK TO BUILD A HOTEL/CASINO ON THEIR PROPERTY.  WE HAVE ASSURANCES FROM BILL RICKMAN AND SPEAKER SPENCE THE JOB WILL GO UNION.  OBVIOUSLY, WE NEED RICKMAN TO COME BEFORE THE TRADES TO SIGN A PLA.

ON THE FLIP SIDE, WE MANAGED TO EFFECTIVELY WORK AGAINST SEVERAL PIECES OF LEGISLATION THAT WOULD HAVE NEGATIVELY IMPACTED OUR MEMBERSHIP.  SB 85, ALSO KNOWN AS THE ASBESTOS BILL, WHICH WOULD LIMIT ONES ABILITY TO FILE SUIT, MANAGED TO GET OUT OF COMMITTEE, BUT DID NOT COME BEFORE THE FULL SENATE FOR A VOTE.  HOWEVER, IT REMAINS ON THE SENATE READY LIST AND CAN BE BROUGHT UP FOR A VOTE ANY TIME NEXT YEAR.

HB 28 WAS REP. NANCY WAGNER’S ATTEMP AT A LEASE BACK BILL WHICH WOULD CIRCUMVENT PREVAILING WAGE AND STATE BIDDING LAWS.  AFTER NUMEROUS CONVERSATIONS WITH REP. WAGNER AND REP. LOFINK, THE BILL IS IN LOFINK’S COMMITTEE, WHERE IT WILL REMAIN INDEFINITELY.  

WE HAD OUR UPS AND DOWN IN DOVER THIS SESSION, BUT  WE ARE WELL POSITIONED TO HAVE TWO MAJOR PIECES OF OUR LEGISLATIVE AGENDA PASSED INTO LAW LESS THAN ONE YEAR AFTER THEIR INTRODUCTION.