Delaware Post-Game Wrap-Up/Pre-Game Show: Weds., April 13. 2011

Time to call the Diminutive Despot’s bluff.

Tony DeLuca’s SB 50, which would putatively open the entire Senate redistricting process to the public, passed unanimously in the Senate. It was a cheap and free vote.

Unless…the House Speaker, (a) recognizing the sincerity of the Napoleonic Martinet, with which he has plenty of first-hand experience; and (b) in the spirit of collegiality towards the other chamber; moves to have this bill considered under suspension of House rules. After all, it’s already mid-April, and the Senate’s already been working on reapportionment for months. Why deprive the Senate of the open process it so profoundly seeks? Pass the bill today, maybe even before changing the day for committee hearings, and send it to the Governor. Hey, by tomorrow, the Senate Caucus could be opened to redistricting buffs and good government types alike.  Wouldn’t that be fun??

Would it be party pooperish of me to point out that the Senate could have achieved the exact same result by doing this in the form of a Senate Resolution, which would eliminate the need for House action and the Governor’s signature? Would it be redundant for me to point out that the Senate can still do this? How about a simple Senate Resolution doing exactly what SB 50 does? There’s no need for the House and the Governor to in any way direct how the Senate operates. Maybe the Timid Tandem of Cloutier and Connor can for once rise above Cowardly Lioness status and take the lead on something.

Ya see, this is why SB 50 is a joke. This could and should have been handled entirely within the Senate. The House laid out its redistricting process and enacted it within the institution itself. The House is already soliciting and receiving public input on reapportionment while the Senate twiddles its collective thumbs. If the Senate won’t do what it can do right now, which is to pass its redistricting process in its own body, then the House should fast-track this joke of a bill and smoke Tiny Tony out of his Fortress of Solitude.

The Senate also passed HB 47 (B. Short), which provides the Department of Health and Social Services with the explicit authority to investigate and inspect unsanitary or unsafe conditions in certain facilities where invasive medical procedures are performed. It also gives DHSS the authority to adopt regulations to strengthen oversight of facilities. Since a Senate Amendment was passed, the bill returns to the House for final passage, almost certainly this week.

One of the two gun control bills escaped the NRA’s clutches in the House yesterday. HB 48 (Longhurst), which allows Delaware to report information regarding mentally-ill individuals to the Federal National Instant Criminal Background Check System (NICS), passed the House with one ‘No’ vote (Ruth Briggs-King) and one ‘Not Voting’ (Gerald Hocker).

Rep. Dennis P. Williams’ HB 46 did not fare as well. This bill provides for the disposal of thousands of weapons in police storage lockers. Here’s the synopsis:

This bill addresses the issues of weapons, specifically firearms, that have been relinquished by owners who are persons prohibited under §1448, Title 11 of the Delaware Code and by owners of firearms who have had a PFA Order issued against them. Currently, thousands of relinquished weapons are stored in evidence lockers of law enforcement agencies throughout the State. This bill will allow law enforcement to dispose of these firearms if, after sending written notice to the last known address of the owners of these firearms and giving them an opportunity to reclaim the weapon(s), the owners have failed to respond to the notice and 60 days has expired from the date the notice was sent. Law enforcement shall not dispose of a firearm during the pendency of a PFA Order, but may do so after expiration of the PFA order, if the owner has failed to reclaim the firearm within 60 days after notice with an opportunity to be heard has been sent to the owner’s last-known address.

The NRA, through designated toady Rep. Lumpy Carson, successfully claimed that this somehow deprives ‘law-abiding’ citizens of their due process rights, and passed an amendment that led to the sponsor’s tabling of the bill. Here’s the roll call on the NRA’s amendment.  One of the ‘Yes’ votes, most likely the Speaker’s, is probably a ‘No’ vote in disguise. Which means, it’s time for a teaching opportunity! Yay! Under House rules, anyone who voted on the prevailing side of a roll call can move to have the roll call rescinded. So, what usually happens in a controversial vote like this is someone will switch sides once the outcome is clear in order to be in a position to move to reconsider the roll call. In this case, most likely Speaker Gilligan.

Lotsa action, if not volleys of gunfire, in committee meetings this week.

Here’s the  Senate Committee meeting list for today.

Highlights, for me at least, are the following:

*The Senate Finance Committee will consider SB 40 (Marshall), which would, according to the bill synopsis:

improve(s) and update(s) the State’s primary economic development tax incentive program. Specifically, the Act: 1) makes the program permanent by eliminating a sunset provision; 2) better delineate eligibility for tax relief by establishing a three-year application deadline; 3) boost the program’s effectiveness by increasing the amount of the corporate or personal income tax credits; and 4) modernize the program’s scope by including provisions specifically designed to attract manufacturers of advanced clean energy technology power generating devices and systems.

This is a Markell Administration initiative to strengthen job creation incentives. No doubt, it’s on the fast track.

*Bob Venables has a bill pertaining to ‘women’s health’. That in and of itself is cause for suspicion. As are the cosponsors. Fortunately, it’s being considered in the Senate Health & Social Services Committee, so, if there’s skulduggery afoot, the bill will likely be halted there.

*The Senate Judiciary will consider SB 39 (McDowell), which would require background checks to be conducted on all firearms purchases at gun shows. Part of the modest proposals put forth by the Markell Administration, this bill nevertheless will no doubt have the NRA, among others, raising the specter of ‘jackbooted stormtroopers’. The committee will also consider SB 19 (Katz), which would put an end to the Bobby Byrds of this world performing double duty as both a lobbyist and government official. When you think about it, the Minner Administration will ultimately be remembered for just one thing–institutionalized corruption. Quite a sad legacy.

* The Senate Public Safety Committee considers another gun control measure, SB 29 (Henry), which would prohibit ‘individuals to possess firearms outside of their homes while under the influence of alcohol or drugs’. What if, hypothetically, the gun is in the glove compartment of a drunk legislator’s vehicle? Would that be covered under this bill? Just askin’.

On the House side, a busy day awaits as well. I’m most intrigued by:

*a package of progressive legislation dealing with foreclosures, that will be considered in the House Economic Development, Etc., Committee. The package includes HB 57 (Kowalko) and HB 59 (Keeley). Kudos to all who have worked on developing and sponsoring this legislation;

*yet more progressive legislation, this time dealing with renewable energy portfolio standards; HB 27 (Scott) will be considered in the House Energy Committee;

* medical marijuana wafts its way through the House, in the Health & Human Development Committee; nursing homes are ordering brownie mix by the truckload;

* as he promised, Pete Schwartzkopf has the civil unions bill ready for action in today’s House Administration Committee;

*another bill from the foreclosure package, HB 58 (Keeley), will be considered in the House Judiciary Committee; this is an important bill as it would set up a mandatory foreclosure mediation process, as opposed to the optional one in place now. This is a very progressive idea that the AG’s Office, Rep. Keeley, Rep. Kowalko and others have spent a lot of time working on, and would make Delaware one of the few states in the country with such a process.

All in all, a fascinating and important committee day in Dover. Wear your flak jackets.