They’re ba-a-a-ck, and so am I.
The Delaware General Assembly reconvenes this afternoon in Legislative Hall, and they are primed for a run of about a month or so before the Easter break.
Two topics will dominate talk in the Hall during that time–money and redistricting.
I fully expect all four caucuses to discuss both of these topics behind closed doors this week. Some of the Governor’s most draconian proposals were not enthusiastically embraced during the recent Joint Finance Committee hearings, especially the proposal to cut Medicaid recipients’ funding by $94/month. I hope that the Democratic caucuses, at least, ask the following question: If we are to insist that cuts hurting those who have the least to sacrifice be restored, how will we pay for them? I then hope that, as caucuses, they reach the following conclusion: We intend to support, and to press for, higher taxes on Delaware’s wealthiest citizens to preserve the social safety net and to fund essential programs. Not just a gadfly or two, who the powerful are able to marginalize, but the caucuses. Including, but not limited to, JFC co-chairs Dennis P. Williams and Harris B. McDowell, III, both of whom are well aware of the potential pain these unnecessary cuts would cause.
I believe that Gov. Markell would find it politically impossible to ignore a unified call by the Democratic caucuses to bring meaning to the term ‘shared sacrifice’. And, it makes sense both from a political and policy sense. Nothing will deaden the Democratic base more than insisting that the wealthy should be immune from helping out in this terrible economy. Are you paying attention, legislators? Poll after poll nationwide show that people want the well-heeled to pay their fair share. Ignore them at your own risk.
OK, let’s take a look at today. While most of the action will almost certainly take place during party caucuses (expect long ones today), at least one chamber was actually prepared for today’s return to Dover.
That chamber would not be the State Senate. Allow me to quote sum, part and parcel, from the posted Senate Agenda:
The Senate is in recess for the Joint Finance Hearings and is scheduled to reconvene on Tuesday afternoon, the 15th of March.
Stop the presses.
Of course, the lack of an agenda is no impediment to the Senate should Tiny Tony DeLuca decide he wants to do something. His disdain for open government is by now legendary, and will ultimately prove to be part of his undoing.
OTOH, the House has an agenda for today.
Of particular note is HB 19, which would substitute judiciary discretion for the draconian minimum mandatory sentences for non-violent drug offenders. Which brings me to…:
‘Bulo’s Law #43: Whenever the General Assembly decides that it knows more about something than the professionals who work at it every day, they will invariably implement ill-considered legislation that ultimately will have to be rescinded.
Such is the case here. These minimum mandatory sentences were the ‘brainchildren’ of Tom Sharp, Wayne Smith and Jim Vaughn. With the help of Jane Brady, who ironically is now a judge, they pushed this package through the General Assembly using intimidation tactics including threats of electoral reprisals. It has been both a policy and fiscal disaster, with tens of millions in state dollars going to prison construction, staffing and services. Money that would have been far better served on schools and roads, for example.
The precursor to HB 19 passed the House last session with bipartisan support. It will come as no shock to anyone that ‘Napoleonic Martinet’ Tony DeLuca singlehandedly refused to put this bill on the senate agenda last year. Rep. George learned her lesson. She has kissed the ring of the godfather, and he is now a sponsor on the bill this year. See how easy it is? Of course, would-be ring-kissers will no longer be able to walk into his office since it’s now a fortress. They will have to make appointments with his ‘Special Assistant’. Assuming she can tear herself away from…whatever she’s doing, perhaps DeLuca will have his knob ring well-polished by the potential puckerers.
Here’s an excellent article on the bill’s impact. Not only would the bill eliminate jail time for users as opposed to dealers, but it would also significantly reduce the ‘piling-on’ effect created by redundant laws:
For example, the legislation gets rid of a separate charge of possession of drugs within a certain distance from a park, school or church, Butler said, and makes it an aggravating factor that could increase the severity of a judge’s sentence.”One of the things we were trying to do was streamline things a little bit,” Butler said.
The bill reflects the work of many in the criminal justice community:
For nearly two years, a task force of drug crime reform activists, prosecutors, police chiefs, corrections officials, drug rehabilitation experts, lawmakers and defense attorneys have met to craft the legislation. A different version of the bill passed the House last year 31-5 before stalling in the Senate during the final month of the legislative session.
Good. It’s about time. I believe that this will be one of the best reforms to emerge from this General Assembly. It took a lot of hard work to put this together, and it now appears that its sole impediment to passage has been eliminated. Well, not eliminated. Brought on board.
I’ll be back tomorrow with our next installment. Also, I’m on the Al Mascitti Show on WDEL 1150-AM Wednesday at 10. Al’s show runs weekdays from 9 am to 12 noon. Support your LOCAL news and opinion station.