Delaware General Assembly Pre-Game Show: Tuesday, June 8, 2010

Here’s what happened on Thursday.  Bills that passed that were of interest to me had previously been discussed here. Legislators introduced some interesting new bills, most of which I’ll discuss when/if they’re considered in committee or on the floor.

I’ve already discussed HB 443(George) and why I think it’s essential. For those whose lips get tired when they try to read, let me explain why the bill is essential. It’s not about being nice to the poow wittle pwisonews. It’s about not wasting precious resources on a failed policy, resources including police, prosecutors, courts, and prisons and, yes, the prisoners themselves. It’s about spending Bond Bill money on essentials like roads and schools, not on expanding prisons and all the attendant services (food, healthcare) in the wake of a failed policy. For those questioning whether minimum mandatory sentencing for all drug offenders is a failed policy, go read one of the dozens of reports, and then come back here. It’s not our job to recite those reports for you, it’s your job to do some research before you raise questions borne of ignorance. Ignorance of the facts is one thing. Willful ignorance is quite another.

I will also make an exception to my general rule to briefly discuss HS1/HB390(B. Short), which affords ‘regulatory flexibility’ to help small business. I was critical of the original HB 390 b/c I believe that it provides virtual carte blanche to small business, and doesn’t retain sufficient regulatory safeguards. At first glance, HS1/HB 390 appears to be a bit less all-encompassing, and I consider that an improvement. What do y’all think?

Let’s look at today’s likely action. The House considers legislation to require the wearing of an electronic monitor by those convicted of DUI; to create certain rights for children who are deaf or hard of hearing in the Delaware School System; and to permit voluntary dispute mediation/arbitration in business conflicts. I’m a bit puzzled by HB 408(Mitchell) b/c it seems on the face of it to eliminate a revenue generator for the state. The bill would “require… the destruction of any tobacco products forfeited for violations of §5342 of Title 30, which prohibits the possession of more than 10 packs or packages of untaxed tobacco. Current law requires the Department of Finance to sell any forfeited tobacco products by sealed bid to the highest bidder.” There’s probably a sound reason for this, as this bill likely came from the Administration which otherwise is not looking for fewer revenue streams, but I don’t know it offhand. Anyone?

In the Senate, we have legislation requiring student-teachers to undergo criminal background checks, and two bills, HB 386 and HB 387, both designed to protect the rights of special needs students when it comes to due process hearings. There are also two bills designed to streamline the process for obtaining depositions from out-of-state witnesses involved in litigation. These are uniform bills that are being adopted across the country.

Also, by the time you read this, Gov. Jack Markell will already have signed SB 234, the universal recycling bill, into law. The event was scheduled to take place at the Cherry Island Landfill at 10 this morning. A pretty significant legislative accomplishment, IMHO, especially as some of Delaware’s most powerful whore/lobbyists were rendered powerless.

Be back tomorrow as I recycle my thoughts for curbside pickup.