Delaware General Assembly Pre-Game Show: Tues., Jan. 10, 2012

In January, legislators’ thoughts turn to…bath salts. And reelection.

And with the ‘honorables’ back in Dover for the not-so-spring training portion of the legislative schedule, the banning of bath salts is the one certainty awaiting them.

For those of you new to these daily updates, or simply forgetful, let me bring you up to speed on how the legislative session operates. We are in the second year of the two-year 146th General Assembly. That means that all bills that were on the legislative calendar as of June 30/July 1 2011 remain on the calendar today. For example, in theory, legislators could pass sweeping legislative reform measures like HB 75 that have already been introduced. But they won’t. The General Assembly meets for three weeks in January, takes a six-week break while the Joint Finance Committee considers the budget, goes back in session until Easter recess, breaks for two weeks, goes back into session until Memorial Day recess, which is usually two weeks, then goes back into session through June 30/July 1. Except for the last week of session, the General Assembly is in session on Tuesdays, Wednesdays and Thursdays only. The General Assembly is generally in session around 50 days a year. The two-year General Assembly cycle begins and ends on Election Day.

A few ’emergency’ measures are generally enacted in January, often including a supplemental fiscal bill or two. Legislators spend most of January waiting for the Governor’s State of the State Address and the subsequent introduction of the Budget Bill. Oh, and floating a political trial balloon or two. More bills are worked in the second year of the General Assembly, because there are obviously more awaiting action. And, of course, because everybody wants to trumpet their legislative accomplishments in their campaign literature, so they need to actually have some.

The General Assembly will consider the emergency measure banning the designer drug known as bath salts. Governor Markell placed a temporary ban on the production and sale of bath salts in the fall in response to a horrific crime. However, the General Assembly must, at its earliest possible opportunity, make the ban permanent. Here’s why. By their nature, designer drugs are the latest things to roll out of someone’s laboratory. No elected official knows in advance just what the next mutation will be. So they have no idea what the next pharmacological scourge will be. It used to be that months could go by before the General Assembly, and other legislative bodies throughout the country, would go back into session. Meanwhile, these designer drugs essentially went unchecked. By granting the Governor temporary powers to ban designer drugs, through the state’s Uniform Controlled Substances Act, Delaware legislators have eliminated that waiting period.

Senator Bethany Hall-Long (D-Glasgow) has introduced the ‘bath salts’ bill, which bans the class of substances known as ‘synthetic cathinones’, aka bath salts. It will fly right through the General Assembly by the end of January, if not by the end of this week.

In other news, the House announced a ‘pre-file’ of bills last week. These are bills that are filed even when the General Assembly has not met. The most notable of the bills is HB 232(Keeley), which would require legislators and other ‘public officers’ to reveal the names of relatives either working for the state and/or working for agencies that receive funding from the state. While I don’t have a real problem with the bill, would it be uncharitable for me to point out that this is mere window dressing when contrasted with bills that could really do something? Like ending double-dipping going forward? Or enacting real lobbying reform? Memo to members of the General Assembly: If you wanna get some street cred for reforming the legislature, enact real reform, not this sleight- (or more accurately, ‘slight’) of-hand.

Rep. Keeley also introduced legislation to enable the World Cafe Live at the Queen to get a liquor license appropriate for what is primarily a concert venue. Not sure if any other venues would be considered in the same vein,  but I don’t think so. As it is, there simply isn’t the type of liquor license that comfortably applies to the Queen. There will be soon.

As grizzled readers of this feature know, a lot of the ‘action’ in Dover takes place during party caucuses.  Or at fundraisers. The foremost question as the new year begins is, will there be a challenge to the current Senate leadership team and, in particular, to Tony DeLuca as President Pro-Tempore? Changes in leadership during session are not unprecedented, and there of course remains a significant bloc of Senators who have every reason to resent the actions of the Napoleonic Martinet.

Prospective retirements will also create a lot of buzz around the Hall. I would expect that, one way or another, Sen. Marshall could be the first to let his plans be known. While he has said that he is running for Mayor of Wilmington, he really hasn’t acted like a candidate for Mayor. He kept his Senate district during redistricting, but he already has an announced primary challenge should he choose to seek reelection. And he is just one of many who have not yet announced what they will do. While most will wait until near the end of session, those considering runs for other offices will have to act more quickly.

And with that, let the games begin!