The General Assembly returns to session next week for the Joint Finance Committee’s budget hearings, after a six week break. This week, a few bills are being trotted out as lawmakers seek to hit the ground running and get their legislation on the agenda.
Monday, two such bills were unveiled.
In Dover, House Majority Leader Peter Schwartzkopf (D-Rehoboth Beach) released the draft version of House Bill 40, the latest effort to expand the number of casino venues in Delaware. Last year, Schwartzkopf offered similar legislation seeking to add two new venues, one in Sussex County and one in the City of Wilmington. That bill was never considered last session.
In Wilmington, Attorney General Beau Biden, State Senator David McBride (D-Hawks Nest), and State Representatives Quinn Johnson (D-Middletown) and Michael Mulrooney (D-Pennwood) championed legislation designed to promote stronger enforcement and tougher penalties against chronic polluters. A similar bill never left the state senate a year ago.
Rolling the dice on casino expansion again
Schwartzkopf says the new incarnation of his casino expansion bill addresses some of the obstacles that kept the previous bill from moving forward. (see related stories here)
The new bill expands the area where a new northern Delaware venue would be considered from Wilmington to all of New Castle County.
“The city of Wilmington was proposed [last time] because all of the proposals we knew at the time were from Wilmington,” said Schwartzkopf. “In my mind, it was a way of improving the revenue stream for Wilmington as well.”
The new bill, which Schwartzkopf will file later this week, would also create a five person Lottery Redevelopment Committee appointed by the governor to decide where the new venues will go. The committee would include the Secretary of Finance, Delaware Economic Development Office director, a retired judge, a retired law enforcement officer and a retired banker. Schwartzkopf hopes that will diffuse accusations that the process of choosing new venues is “political”.
“The purpose of that committee will be to set up a process, take in proposals, evaluate the proposals and they will make the selection,” said Schwartzkopf. “Basically, the legislature will say, ‘Yes, we approve the two additional licenses’ and then we’re out of there. This independent board will make the selection, taking me and everyone else out of the process.”
House Majority leader Peter Schwartzkopf (D – Rehoboth Beach) on Casino Expansion legislation
Governor Jack Markell (D) supports this year’s version of HB 40. Markell’s chief strategy officer Brian Selander says the new bill addresses the concerns the governor had last session about making the process for awarding new casino licenses appropriately open and competitive.
“There was a miscommunication last year between myself and the Governor’s office and I’ll take responsibility for that,” said Schwartzkopf. “By narrowing it down to the city of Wilmington [for the northern Delaware venue], I lost his support.”
Strong opposition is expected again from the state’s three existing racinos, Delaware Park, Dover Downs and Harrington Raceway. They’ve consistently argued that there are only so many gambling dollars available and additional venues would cannibalize existing venues. Schwartzkopf responded by going on the offensive Monday, singling out Delaware Park owner, William Rickman, Jr. who also owns Ocean Downs in Berlin, Md. Ocean Downs began operating a slots parlor in January.
“He thinks there’s a market on the south end of our state. He put a casino just over our state line and now he’s competing with our state,” said Schwartkopf. “We’re protecting him in New Castle County while he sits there and takes money from us in Sussex County and out of our state. It makes no sense.”
Delaware Park president and chief operating officer Bill Fasy says the accusation that Rickman put slots in at Ocean Downs to compete with Delaware racinos is “preposterous”.
“You don’t see any advertising in Delaware. You don’t see any billboards in Delaware,” said Fasy. “Mr. Schwartzkopf is looking for anything to point at us as bad guys.”
Delaware Park president and chief operating officer Bill Fasy
Fasy responds to Rep. Schwartzkopf’s comments about William Rickman and Delaware Park.
Schwartzkopf says crafting this bill has been a “learning process”. He’s tried to address concerns raised by all parties. He does not see much room left for compromise.
“It’s pretty much this bill or nothing.”
Cleaning up the chronic polluters bill
The chronic polluters bill put forth by Attorney General Biden, Senator McBride and Representative Johnson seeks to crack down on polluters who repeatedly violate Delaware’s environmental protection laws. The bill builds on a 2003 “chronic violators” law by giving Department of Natural Resources and Environmental Control (DNREC) clearer authority to label a polluter a chronic violator. It also stiffens the penalties for chronic violators from a maximum fine of $10,000 per day to $10,000 dollars per illegal emission on a given day.
“This bill we are introducing today lays out clear and significant consequences for any bad actors who repeatedly violate our laws or choose to ignore regulations that protect our environment,” said Biden. “These changes will be strong motivation for polluters to clean up their operations and follow the law.
But like the casino expansion bill, this legislation has been tweaked to garner wider support.
Last year’s version included a provision to give subpoena power to the Department of Natural Resources and Environmental Control (DNREC), which met with some resistance.
“Some of those in business communities fear the expansion of the subpoena power of DNREC and we heard the issue that they raised,” said Biden. “We felt that we have sufficient ability to reach in and do an investigation the way we need to do with our Attorney General subpoena power and other powers we have.”
Attorney General Beau Biden announces proposal to crack down on chronic polluters
The new bill also drops language regarding the process of applying for permits and clarifies the wording of the penalty provision.
The casino expansion and chronic polluter bills are not the only ones returning to Legislative Hall for a second look. Bills seeking to legalize medical marijuana and revamp Delaware’s drug laws are also slated to reappear when legislators reconvene next week.
