Delaware Liberal

General Assembly Post-Game Wrap-Up/Pre-Game Show: Thurs., March 31, 2011

Tony DeLuca may well leave a positive legacy on the Delaware General Assembly yet.

Thanks to the blatant manner in which he got a cushy state job and his blatant unwillingness/inability to carry out the job’s requirements, legislators have been more or less forced into introducing legislation to outlaw such shameless stealing of taxpayers’ dollars in the future. Yesterday, House Majority Leader Pete Schwartzkopf introduced legislation to prohibit any DeLuca/Minner/Sharp/Brainard scenarios from happening in the future. HB 75 would prohibit any legislator from getting a state job after they’ve been elected. While I see one key flaw in the bill, this is an absolutely essential first step towards cleaning out the Delaware Way rot that permeates the General Assembly. And it would not have been possible without the ever-shrinking Diminutive Despot who resides within his newly-created (at taxpayers’ expense) Fortress of Solitude.

Now, to that one key flaw. Is it mere coincidence that this bill was introduced one day after the Napoleonic Martinet introduced legislation to create one statewide Vo-Tech district? Probably, but let’s not forget the case of one Sen. Joe Booth. Like DeLuca, Booth had a job created just for him–community liaison–at the Sussex County Vo-Tech School years after he had first been elected to the Delaware General Assembly. According to Rachel Swick of the Sussex Countian:

Booth will be paid $59,452 with just more than $17,000 in benefits – for a total of $76,486 in salary and benefits. The position is being funded through a combination of state and federal grants that support business, community and school partnerships.

If abuses like these are not also outlawed in HB 75, and they are not under the initial bill, then Vo-Tech districts and their, wait for it, ilk will be the new employers of last resort. Not that they haven’t already employed many legislators over the years, including former New Castle County Vo-Tech Building Supervisor Tom Sharp. BTW, the weekly Ilk Quotient has just been satisfied. The University of Delaware (which is not officially a state institution) hired Myrna Bair while she was a state senator. You get the idea. Closing one loophole while leaving a large one will simply relocate legislators who believe they deserve a second income. And, once again, they will provide legislative access for their institutions in exchange for their jobs. Little, if nothing, will have changed.

While I congratulate the sponsors for moving the ball forward, this bill is hardly a panacea, and I believe it needs to be strengthened to have the intended impact. The ultimate legacy of Tony Deluca depends on it.

Wow, who would’a thunk that the civil unions bill would be the second lede? The Senate Administrative Services/Elections Committee released SB 30 yesterday, and it now can be placed on an agenda by its sponsor. If you support the bill, and if your senator has not already taken a position in support of the bill, now is the time to contact them and encourage them (politely and respectfully) to do so.

There is one committee meeting of note today. A joint meeting of the House and Senate Highways & Transportation Committees to hear from the Acting Secretary. No doubt, DELDOT’s dire economic straits will be discussed, but don’t be surprised if the topic of basketball hoops is brought up.

Medical marijuana is the big enchilada (often wolfed down following the ingestion of marijuana, I’ve been told) on today’s Senate agenda. The debate on SB 17 (Henry) will likely feature a flurry (obligatory snow in April reference) of witnesses on both sides. This vote looks too close to call to me. Wouldn’t be surprised if there is sort-of a test amendment that would presage the final vote. Depending on how the amendment does, the bill could either be tabled or voted upon. The bill’s sponsor can move to table the bill at any time prior to roll call.

The House agenda features several bills I highlighted in yesterday’s report that have just been released from House committees.

HB 35 (B. Short) is an exception, and it’s a notable bill that would dissolve the Board of Parole and transfer its duties elsewhere. Let me provide the entire bill synopsis to help everyone understand why this bill makes sense:

This Act dissolves the State Board of Parole and transfers its statutory functions to the Institutional Release Classification Board (“IRCB”) and the courts. This Act does not alter or narrow eligibility for parole, nor does it limit the procedural rights or remedies available to parolees. In addition, victims will have the same right of notice and opportunity to be heard as they currently have with respect to Board of Parole hearings.

Under the Truth in Sentencing (TIS) Act, the parole system was abolished for offenses committed after June 30, 1990. As a result, the caseload of the Board of Parole has decreased dramatically over the past two decades in its core areas of responsibility. As of November 2010, there were only 247 inmates in state prisons eligible for parole and 350 parolees under parole supervision. These numbers equate to approximately 5% of total incarcerated sentenced inmates and 2% of total offenders supervised in the community.

Under this Act, the Board of Parole’s authority to conduct parole and conditional release hearings will be transferred to the IRCB. In addition, the Board currently has the authority to determine whether an individual has violated the terms of his or her parole, and what sanctions to impose. Under this Act, the Department of Correction will hold a hearing to determine whether there is probable cause to believe a violation exists. If so, then the sentencing court will hold a full hearing to determine whether a violation actually occurred. In addition, the Board of Parole’s authority to hear appeals of certain sex offender tier designations will be transferred to the Sex Offender Management Board, which has significant expertise in this area. The Board’s advisory functions (i.e., to the Board of Pardons) will be transferred to the IRCB.

To me, this bill makes perfect sense from a public policy standpoint. We’ll just see if some good ol’ boys get into a lather over this. Maybe someone’s job could disappear? That’s what DOL and Vo-Tech districts are for.

Other notable bills include HB 26 (Willis), which requires digital recordings of all public meetings by the State Board of Education to be made available to the public within one business day; Rep. George’s truancy legislation discussed here yesterday; Rep. Scott’s discipline uniformity bill, also previously discussed; and a trio of bills that leave me scratching my head.

HB’s 45, 67, and 68 prohibit “any person convicted of a felony sexual offense” from holding either a nursing license, a mental health/chemical dependency professional’s license, or a licensed clinical social worker’s license in the State of Delaware. I’m gonna go out on a limb here, and hazard a guess that no ‘person convicted of a felony sexual offense’ holds such a license now. The bill also clarifies what is law now: that licensees have an obligation to report suspected sexual abuse or other offenses. In other words, these are feel-good bills that will do nothing. I’ve got nothing against them. But they will have far more impact in election brochures than in real life.

Speaking of real life, I have a question for you: Does fantasy baseball fit within your definition of real life? It does in mine, so I’m taking the next two days off to prep for our annual auction/draft on Saturday. Think I’m gonna keep that Jose Contreras for $5 now that he’s the Phils’ designated closer du jour


Exit mobile version