Charles Megginson July 14, 2022 Government, Headlines
Sen. Brian Pettyjohn, R-Georgetown (left) and Rep. Ruth Briggs King, R-Georgetown.
When Georgetown’s state senator and representative learned a bill to ban high-capacity firearm magazines could impact close to 100 jobs in their district, they knew something had to be done.
Senate Substitute 1 for Senate Bill 6 , sponsored by Sen. Dave Sokola, D-Newark, banned the possession, sale, purchase, receipt or transfer of magazines that hold more than 17 rounds of ammunition.
That was unwelcome news for Atlantis Industries Corporation , a Georgetown injection molding company that manufactures a wide array of plastic products, ranging from pharmaceutical packaging to automotive parts.
Atlantis Industries also manufactures high-capacity magazines, which it sells to law enforcement agencies around the country and for military applications worldwide, according to Rep. Ruth Briggs King, R-Georgetown.
“This is a small business that started out very small in Milton and came over to Georgetown to the industrial park,” Briggs King said. “It has steadfastly grown in both the type of products that they make and the number of people it employs.”
She said that while high-capacity magazines aren’t Atlantis Industries’ entire business, they have helped the company grow and expand into other product lines.
“They are a vital part of the economy here in Sussex County,” said Sen. Brian Pettyjohn, R-Georgetown. “I didn’t want them to be forced to move their operation or lose one of their customers because of a bill that we passed in the General Assembly.”
Originally, Briggs King tried to amend Senate Bill 6 . Her amendment would have carved out an exception for companies that manufacture the outlawed parts but sell them exclusively to governments or out of state.
“Last year, the bill passed unanimously in the House with the amendment,” Briggs King said. “It went back to the Senate and Sen. [Dave] Sokola would not rerun the bill with that amendment on there.”
The bill, as amended in the House, never received a vote. When Democrats introduced the substitute bill this year, it was without Briggs King’s amendment.
Pettyjohn attempted to amend the substitute bill in the Senate, but it was voted down 13 to 6 with one senator abstaining.
“When it came back to the House, I had the same amendment ready to run again and knew I had enough support for it to pass,” Briggs King said. “Then, the floor sponsor, Rep. [Larry] Mitchell said he would join me in sponsoring a separate piece of legislation to address this issue.”
Briggs King said she was confident House Speaker Pete Schwartzkopf, D-Rehoboth and Gov. John Carney would also support creating an exception.
Carney had joined Briggs King and Pettyjohn to tour Atlantis Industries’ Georgetown facility just a year prior, she said, and Carney was impressed with their work.
Ultimately, Briggs King’s and Pettyjohn’s bill passed 40 to 1 in the House and 20 to 0 in the Senate.
The lone no vote in the House was Rep. Madinah Wilson-Anton, D-Newark. One senator abstained: Sen. Bruce Ennis, D-Smyrna.
Carney swiftly signed the bill into law.
In a statement to Delaware LIVE News, Atlantis Industries said, “We appreciate the efforts of our senator, Brian Pettyjohn, and our representative, Ruth Briggs King, along with the rest of the Delaware legislators who voted in favor of a bill that will help preserve jobs in Sussex County. We have been a part of this community since 1962 and are happy to continue manufacturing operations here in Delaware.”
Pettyjohn emphasized that the bill applies to all manufacturers — not just Atlantis Industries.
While Pettyjohn and Briggs King both said they’re grateful the General Assembly saw the need for an exception to the high-capacity magazine ban, neither is impressed with the slate of gun bills Democrats passed at the end of the legislative session.
The new laws banned the sale of semi-automatic firearms, raised the age from 18 to 21 to purchase most firearms, returned background checks to state control, banned high-capacity magazines, opened up the potential for lawsuits against gun manufacturers and dealers for gun violence, and banned the use of devices that convert handguns into fully automatic weapons.
“I think that they’re going to be challenged in court,” Pettyjohn said. “Based on recent U.S. Supreme Court decisions as well as Delaware constitutional issues, I think most of them, if not all, will face very harsh scrutiny from the courts and likely be overturned.”
Briggs King said she’s confident the new laws will be thrown out in court because “gun ownership is a right, not a privilege.”
“Unlike alcohol or tobacco that are privileges, this is a right,” Briggs King said. “That’s why I always say we should look at the person who commits violence, not the object they use.”
Charlie Megginson covers government and politics for Town Square LIVE News. Reach him at (302) 344-8293 or [email protected] Follow him on Twitter @cmegginson4.
Left to right: Michael Mennella, M. Jane Brady, Noel Johnson The chair of the Republican Party of Delaware has filed a lawsuit in the Delaware Court of Chancery challenging the constitutionality of early voting and permanent absentee voting laws in Delaware. Jane Brady, who is a lawyer and former attorney general of Delaware, filed the suit on behalf of Michael Mennella. Mennella is a Newark resident and off-and-on temporary employee with the Delaware Department of Elections who has served as a polling place inspector during eight elections. Brady emphasized at a press conference Thursday morning at the Christiana Hilton that she filed the suit in her private capacity as a lawyer, not as the GOP chair. While Mennella is not presently employed by the department, the complaint asserts that Mennella’s job requires him to ensure that the people who vote in elections are entitled to do so under the law. “The conflict in the laws requires him to choose between following the law and violating his oath,” Brady said during a press conference Thursday. Among other things, that oath says, “I will not knowingly or willfully receive or consent to the receiving of the vote of any alien,” and “I will not receive or consent to the receiving of the vote of any person whom I shall believe not entitled to vote, unless my associates shall adjudge such person to be entitled to vote.” The suit specifically challenges a new law that allows voters to cast their ballots at least 10 days before an election, including the Saturday and Sunday immediately before the election at certain locations as determined by the state election commissioner. That law was passed by the General Assembly and signed by Gov. John Carney in 2019 as House Bill 38. Brady argued that the Delaware Constitution says voters must vote in person on election day unless the voter qualifies under “very limited conditions” to vote absentee. Those who have traditionally taken advantage of absentee voting include out-of-state college students, Delawareans who are serving in the military and their families, U.S. citizens who live abroad and disabled voters. “Early voting clearly violates that requirement,” Brady said. “In addition, all the provisions related to absentee voting are transitional and temporary.” Attempts to reach Delaware Commissioner of Elections Anthony Albence were unsuccessful. This suit is being filed in conjunction with the Public Interest Legal Foundation, a conservative legal group that is known for suing states and local governments to purge non-active voters from election rolls. Noel Johnson, an attorney with that group, said that treating permanent absentee status as an indefinite status that does not require certification or renewed application each election violates the Delaware Constitution. “Following a review of Delaware’s Constitution and the statutes, we came to the conclusion that the statutes clearly violate the purpose, intent and language of the Delaware Constitution,” Johnson said. “Our mission as an organization is to ensure that election contests are conducted lawfully and that citizens of every jurisdiction have secure and fair elections.” Brady noted that the provisions of the Constitution do not affect special elections, such as primaries or the one being held in the 4th Representative District on March 5. “The language of the Constitution itself, and court decisions make clear that the provision we feel are being violated only apply to the General Election,” Brady said. She emphasized that while she is chair of the Republican Party of Delaware, she is representing Mennella in a private capacity. The press conference was arranged by the Republican Party of Delaware, however, and a representative of the Republican Party attended the press event to express the party’s support for the lawsuit. “The election laws in our Constitution have protected the integrity of Delaware elections for decades,” said Hank McCann, national committeeman for the party. “We must ensure that our statutes conform to those protections.” McCann argued that if the legislature wants to change Delaware’s election laws, they must begin by passing an amendment to the state constitution. “The current, proposed amendment is flawed, as it gives the majority party the power to simply take away those constitutional provisions that have protected the integrity of our elections,” he said, referring to House Bill 75. That bill would amend the state constitution to allow Delaware voters to request mail-in ballots during all future elections without providing an explanation. Constitutional amendments are also required to be passed separately during two consecutive legislative sessions. Twelve Republicans voted in favor of the bill in 2019 during the 150th General Assembly. But in 2021, not one Republican voted in favor of the proposal, denying it the required two-thirds majority required to pass. If House Bill 75 does not pass in 2022, it will have to be reintroduced during the next General Assembly and subsequently pass during two legislative sessions. That would delay the implementation date for no-excuse absentee voting by at least three years. Julianne Murray, a Republican candidate for Delaware Attorney General, said in a written statement that some people have asked her why she, as an attorney and advocate for the rule of law, did not file a lawsuit challenging the state’s new election laws. “I was a candidate so it would be inappropriate for me to file,” Murray said. “I have been encouraging the Republican chair since January 2021 to look into election irregularities because so many were reported to me. I think that nothing is more important than fair and free elections. Asked if Mennella came to Brady seeking legal representation or if Brady went looking for a plaintiff and found one in Mennella, Brady said people were discussing the need to find a plaintiff in the Republican Party office and Mennella mentioned that he had worked for the Department of Elections. “I said, ‘Were you compensated’ and he said, ‘Yes,’” Brady said. “I said, ‘You may work’ and so he offered if he was someone that would qualify as a plaintiff, to do that. “We had to find someone that had […]
The Delaware Senate on Tuesday passed 2023 budget bills including the largest state operating budget in Delaware’s history at $5.1 billion, reflecting a rise in spending of 6.9% in spending over the previous year. It also will increase Delaware’s Rainy Day Fund from $280 million to $316 million and the Budget Stabilization Fund from $287 million to $402 million. Both funds can be used in the future during economic downturns. For example, the state accessed the stabilization fund in 2020 when the COVID-19 pandemic hit and revenues fell short. “Hopefully, we never need it,” Paradee said, “but it is there.” The Senate also passed a $379 million supplemental spending plan consisting of one-time expenditures and a contingency fund. It pays for things such as a $500 one-time supplement for state employees and pensioners, investment in post-retirement funds, $38 million for increases in the Delaware Firefighters Pension, $21 million to fund the Delaware Family and Medical Leave Insurance Program, $2.6 million for the Redding Consortium for Educational Equity, $50 million to help pay the $300 tax rebate to Delawareans, and $1.5 million for adult education and workforce retraining in Sussex County. Both budget bills are now headed to the House for a vote. If they pass and Gov. John Carney signs them, they will take effect July 1 as the 2023-24 budgets. The budget presented in Senate Bill 250 by Sen. Trey Paradee, D-Dover and co-chairman of the budget-writing Joint Finance Committee, came in slightly over Carney’s recommended $4.9 billion budget. Paradee said he expects the operating budget to be criticized for being the first over $5 billion and because spending will rise by 6.8 percent. That rise is below the rate of inflation, which is around 8.5%, he said. A lot of the increase in spending is to the benefit of state employees, state retirees and Delaware citizens, he said. Republicans react “We may disagree on the bill itself, but there’s no question this could have been a run. Spending could have run crazy” because of strong revenue increases, said Sen. Colini Bonini, R-Dover. “Thank you for tamping it down.” Delaware has had two years of $1 billion surpluses, largely because of COVID-19 funds paid to people and businesses and high real estate transfer taxes. Bonini praised the committee for putting money into the emergency funds and asked whether switching state employees to a Medicare Advantage plan had saved the money the state expected it to. Robert Scoglietti of the Office of the Controller General said switching to an insured product will reduce the liability for the post-employment benefit fund that provides healthcare for the state’s retirees. Rep. Gerald Hocker, R-Ocean View, said he would not vote for the bill. “I rise in opposition to it because as a business person, I try to look out in the future a little bit, and I don’t think the future is going to be as good as it was this year,” he said. “We’re very fortunate to have the largest gains that we’ve ever had, but we got the largest spending budget we’ve ever had, also the largest increase.” He said the state had lean years and that the gross receipts tax was a result of one of those. When that tax was put in under Gov. Russell Peterson in the early 1970s, Hocker said he was promised it was temporary, but it had never been lifted. “We had a chance this year to give back to those that are paying in and got us through the years, and we haven’t given back a penny on this budget,” Hocker said. “So, therefore, I will be voting no.” Paradee said this budget does not represent the largest increase in spending. The Joint Finance Committee checked to see what had been done in other years of inflation, he said, and there were increases well beyond the 6.8% in the late 70s and early 80s. Hocker also pointed out that the state voted to increase pay, but that rise had not kept up with inflation, and he thinks the state will end up with another problem because of that. Sen. Dave Lawson, R-Marydel, also thanked the Joint Finance Committee, which he’s a member of, for their hard work. He said he was particularly grateful that the McNesby Act, designed to provide aid for adults with intellectual and developmental disabilities, has been fully funded. Ultimately, both Bonini and Hocker voted no on the operating budget, which requires a 2/3 approval. The other 19 senators voted yes. The supplemental spending bill passed unanimously. What’s in budget bills The budget bills include: $19 million to Delaware’s Purchase of Care program that helps low-income families afford early childhood and after-school education for children up to the age of 12. $17 million in school bus drivers and related programs after a workforce shortage that predated the pandemic and a brief strike. A four-year commitment to fully fund increases in the reimbursement rates for direct support professionals who serve adults with intellectual and developmental disabilities. $16.5-million increase to reach 100% of the benchmarks required by the McNesby Act, funding that will result in an additional $27.5 million in federal matching funds. $104 million to provide a 3% pension benefit increase for former state workers who retired between June 30, 1992 and June 30, 2017 and a 2% increase for those who retired after June 30, 2017. Approximately $55 million to help keep state employee wages competitive through increases ranging from 2.3% to 9% for the lowest pay grades, in addition to negotiated collective bargaining unit and statutory step increases. $38 million to increase pension benefits for volunteer firefighters, the first pension increase of its kind since the program was established in 1986. $14.2 million to fund targeted education and support services for Wilmington students, as recommended by the Redding Consortium for Educational Equity and the Wilmington Learning Collaborative. $8 million to continue increasing mental health supports in Delaware elementary schools. $3.6 million to increase rates for private duty nurses and home health care workers. $2 million to create a Substitute Teacher Block […]
The Vactor 2100i recycles water while it cleans sewer lines. (New Castle County) Two new sewer cleaning trucks promise to save water, energy and time by recycling cleaning water, New Castle County says in a flyer accompanying its annual sewer bills. The new vehicles use hydraulic jets to dislodge debris, and they vacuum up debris and liquid from the sewer line into a large tank. The liquid is decanted and filtered until it’s clean enough to be reused. The county paid $604,175.90 for each Vactor 2100i, about $125,000 greater than non-recycling trucks, according to Jason P. Zern, an engineer and senior manager with New Castle County Public Works. They join a fleet of 12 Vactor RamJet Trucks and three Vactor Jet Vac Combination Trucks. “A typical cleaning truck will utilize 3,000-4,500 gallons of water a daily while out performing preventative maintenance,” Zern wrote in an email. “The recycling feature on these two trucks can potentially save using up to 2.3 million gallons of clean water per year, which equates to $30,000.” “We have limited locations where we can access potable water for filling our cleaning trucks. We have found that our crews spend about 30-40% of their day traveling to these fill sites. The recycler truck can source water directly from the sewer lines, allowing the crew to continuously clean without refilling. “We believe this improved efficiency will allow each recycler truck to clean an additional 16 miles of pipe every year versus the trucks in our existing fleet. Expanding our in-house cleaning capabilities means lower contractual costs. It would cost approximately $260,000 if we had to hire a contractor to clean 32 miles of sewer pipe.” The trucks also sport simplified controls, a better lighting system and retractable vacuum nozzles. And the reduction in travel cuts fuel use and hence carbon emissions, the flyer points out. “The recycler trucks will be utilized on daily preventative maintenance, focusing on areas known to have high levels of grit and debris,” he wrote. “The trucks will also be utilized on emergency corrective maintenance where their unique abilities best fit a specific task. They will also be used on the cleaning of larger-diameter sewer lines, which require more water to clean (the larger the pipe, the more water needed).” Public Works maintains 1,800 miles of sewer pipe, serving 120,000 customers. Part of its obligations to the Delaware Department of Natural Resources and Environmental Control is to clean 500 miles of sewer pipe each year, Zern said. “These new vehicles will greatly enhance our ability to keep these sewer assets in good condition,” he wrote.
These lane closures on Route 141 northbound and southbound and the closure of Exit 5A are needed to decrease the severity of the bumps on the roadway.
Miguel Bezos, left, is donating $12 million to Salesianum School to start a scholarship fund names for the late Rev. James P. Bryne, right. Amazon founder Jeff Bezos’ parents are donating $12 million to Salesianum School, most of which will be used to fund 24 scholarships for underserved students, including money for things like notebooks, school trips and prom tickets. Miguel “Mike” Bezos and his wife, Jacklyn, are making the extraordinary move because Miguel was schooled at Salesianum as a Pedro Pan, one of thousands of Cuban children sent to America in the early 1960s when their parents feared Fidel Castro would force children into communist indoctrination camps. In Wilmington, Miguel Bezos was one of 21 students at Salesianum’s Case De Sales. Four boys shared a room and responsibility for chores while they attended school, overseen by the Rev. James P Bryne. Bryne died last year. The scholarships will be named for him. Miguel ‘Mike’ Bezos as a Salesianum student. . “The impact that Father Bryne had on me, as well as the rest of us at Casa, has lasted a lifetime,” said Bezos, a 1963 Sallies graduate, in a press release. “To be able to recognize his commitment as a priest, teacher, mentor and missionary, is a great joy for us.” Bezos said in the press release that he would like the first choice for those receiving the scholarships to be students from Wilmington and to be children of immigrants. The couple also are matching commitments of $100,000 or more to the endowment over the next three years – up to $2,000,000 – in a move they hope will inspire others to provide access and opportunity to Salesianum by creating scholarships of their own. “We hope that those who knew Father Byrne and and those who identify with Salesianum’s mission will join us in creating opportunities for more students with a variety of backgrounds to attend Salesianum and further enrich the student experience,” Miguel Bezos said in the press release. “Mike and Jackie understand the complex obstacles faced by underserved students and wanted to give these students the best path to success,” said Salesianum President Brendan Kennealey. “Because of them students from every neighborhood in Wilmington, and across the region, will have even greater access to a Salesianum education.” The gift is the second largest in Salesianum’s history, and the third eight-figure gift in the last eight years. The Bezos donation is one of the largest ever given to a Catholic high school, Salesianum said in an email. Wilmington Mayor Mike Purzycki hailed the gift. “The establishment of this scholarship program creates extraordinary and ongoing opportunities for young men to attend Salesianum who might not otherwise have been able to do so due to financial constraints,” Purzycki said in an email. “I am very excited for students from Wilmington who will be eligible and I am most grateful to Jackie and Mike Bezos for their thoughtful and generous decision that will change many young lives forever.”
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