And to think that I was gonna cut back on covering the legislative beat. Whatever was I thinking? Every day, huge stories, two of ’em yesterday:
1. State Senate votes to repeal Delaware’s death penalty statute.
By now, the story has been told elsewhere on this blog. 11-10 passage, here’s the roll call. A big shout-out to State Senator Cathy Cloutier. I hope that she finds that voting one’s conscience can be liberating. Also to Senate Minority Leader Gary Simpson and Ernie Lopez. For that matter, to all 11. We needed all of you. And, to Karen Peterson, I don’t know what to say other than I wish there were at least 10 more like you in the Senate.
By now, you also know that an amendment passed that will keep Delaware’s current 17 death row inhabitants subject to the death penalty. I know that the amendment was needed to pass the bill. I get that. However, not being a lawyer, I have one or two questions of law for those of you who are. By keeping these 17 people, and only these 17 people, subject to the death penalty, haven’t you made this in essence a ‘cruel and unusual punishment’ in the legal sense? No one coming after them will be subject to this penalty, should SB 19 be signed into law. Plus, the punishment won’t just be unusual, it will be non-existent.
Don’t get me wrong, I strongly support SB 19, and I understand the political need for the amendment. Just trying to understand the legal implications that it could create.
2. The Obama-ization of the House Democratic Caucus appears complete.
Yesterday afternoon, I get this press release from them:
DOVER – After months of meetings and hours of public testimony, House Democratic leaders announced several amendments Tuesday that they will add to legislation requiring background checks for virtually all gun sales.
The amendments to House Bill 35 are a direct result of lead sponsor House Majority Leader Rep. Valerie Longhurst meeting with officials from the Delaware State Sportsmen’s Association, the National Rifle Association’s local affiliate, numerous phone calls and e-mails from constituents and from nearly three hours of public testimony in which 75 residents and advocates spoke about the measure.
“There is a belief that we are not speaking to or listening to the concerns that gun owners have. That is absolutely not the case,” said Rep. Longhurst, D-Bear. “We have met with the NRA multiple times. They raised several concerns and brought several amendments, and we are incorporating some into the legislation.
“We also heard several legitimate concerns from residents during last week’s hearing, specifically about selling to licensed collectors and prohibiting the state from registering firearms, and we drafted additional amendments based on that testimony. That is what the public process does – it allows residents to voice their support and concerns about legislation, and we ultimately can craft a stronger bill that is fair to all Delawareans.”
HB 35 would require that a background check be performed in connection with the sale or transfer of any firearm, regardless of whether the transaction involves a licensed dealer. Supporters are incorporating several suggestions offered by the NRA and through public testimony into HB 35, including:
- Explicitly providing that the state shall not establish a system of firearm registration;
- Exempting from the background check requirement persons who have a valid concealed carry permit;
- Reducing the maximum fee a dealer can charge for a background check from $50 to $30;
- Providing that transfer records cannot be disclosed under the Freedom of Information Act;
- Defining “transfer” to clarify that handing over a firearm for repair, certain short-term loans and transfers upon death of the owner are not transfers requiring background checks;
- Prohibiting fees when a repaired firearm is returned to its owner, or to return a firearm to its owner when a person fails a background check during a private sale;
- Allowing persons with “bona fide” religious objections to photo IDs to undergo fingerprint background checks through the State Bureau of Identification, addressing concerns voiced by the Amish community;
- Exempting sales of curios and relics to licensed collectors, which was a concern raised during last week’s hearing;
- Providing due process for firearms dealers.
“This shows that we have listened to the NRA’s and gun-rights advocates’ concerns, and where there is agreement, we are making those changes,” Rep. Longhurst said. “The question now is whether the NRA will join us in supporting this common-sense measure to help keep firearms out the hands of people who should not have them, or if they will simply stand in the way of taking reasonable action.”
HB 35 is scheduled for a floor vote in the House on Thursday. The amendments are expected to be filed by Wednesday to allow the public time to review them.
Of course, the answer is that, no, the “the NRA will (not) join us in supporting this common-sense measure to help keep firearms out the hands of people who should not have them.” It will pass anyway, but with the unnecessary emasculations frittered away by the side with the votes. Memo to Rep. Longhurst and friends, this is not me talking, this is the direct quote from Wayne LaPierre of the NRA:
“We must declare that there are no shades of gray in American freedom. It’s black and white, all or nothing.”
The NRA knows their enemy. The House Democratic Caucus apparently doesn’t. Jeez, shades of Harry Bleepin’ Reid.
Here is yesterday’s Session Activity Report.
Time to see what’s happening in committees today, starting with the Senate:
The Senate is poised to push through the Governor’s revenue enhancement package, including his sop to the rich, starting with today’s meeting of the Senate Finance Committee. “Forget it, Steve, it’s Greenvilletown.”
I’m strongly in favor of lucidity, but rarely have I seen it in a bill as an admission that current language in the Delaware Code is, um, not lucid. SB 11 is in the Senate Community Affairs Committee, and here’s the synopsis:
The primary objective of this legislation is to clarify some of the existing wording of Title 29, Chapter 79A. Cemetery Registration and Distressed Cemetery Fund. The proposed legislation would make the objectives of the Cemetery Board lucid by clarifying the board’s objective, nature of board member duties, as well as the board’s powers.
Presumably, words like ‘decontextualize’ and ‘heuristic’ need not apply.
The Senate Education Committee will consider SB 27, which would “authorize the Department of Education, pending available funds, to offer competitive two year start-up grants to public schools for the purpose of developing new programs for students capable of performing accelerated academic work.” Paging Mike Matthews, Joanne Christian, and the other education experts on DL…
The Senate Executive Committee considers HB 10(Keeley), which restores voting rights to convicted felons who have paid in full their debts to society. This is the second leg of this constitutional amendment. If it passes the Senate, it becomes law.
The Senate Judiciary Committee considers two firearms-related pieces of legislation, both relating to lost or stolen firearms. SB 16(Henry) would ‘require owners of lost or stolen handguns to report such loss or theft within 48 hours of discovery. Owners may report such loss or theft to the law enforcement agency having jurisdiction, or to any State Police Troop.’ SB 18(Peterman) ‘makes clear that it is a class A misdemeanor to falsely report to a law enforcement agency that a firearm has been lost or stolen. The Act also increases the penalty for providing a false statement to law enforcement that a firearm has been lost or stolen intending to prevent, hinder or delay the investigation of any crime or offense.’ Good bills, I hope they both get reported out of committee.
And now to the House:
John Atkins is not just ‘law-abiding’, he is patriotic. How patriotic? He bravely defends the American flag against all evil interlopers with HB 44, which would ‘permit(s) a real property owner or tenant to display an American flag on a pole attached to the exterior of the property’s structure or on a flagpole located within the property’s boundaries, provided the flagpole does not exceed 25 feet in height and conforms to all setback requirements. Any and all community restrictions to the contrary will not be enforceable.
That’ll show those bleeping Commies! In today’s House House Administration Committee meeting.
We’ve previously talked about HB 23(Hudson). I would consider anything less than a unanimous vote in both houses of the General Assembly unacceptable. Excellent sunshine legislation, and most needed. In today’s House Education Committee meeting.
The General Assembly’s latest attempt to make sense of its bail enforcement statutes will be considered in today’s House Judiciary Committee meeting in the form of HS1/HB39(Keeley). The lawyers are clearly having a difficult time in getting it right, so this may not be the final version, if there ever is a final version, of this bill.
At first glance, I like HB 32(Longhurst) which, among other things, ‘updates and streamlines the State’s Oil Pollution Act by eliminating a monetary cap for liability for damages.’ However, some of the legalese gives me pause, especially when it comes to the ‘elimination of duplicative provisions’. In today’s House Natural Resources Committee meeting.
Coming tomorrow: A presumably-emasculated HB 35 on the House Agenda.
More drama, hopefully less capitulation.