Delaware General Assembly Pre-Game Show: Tuesday, April 5, 2022

Hoo-boy, we’ve got some real interesting bills to talk about right off the bat.

Take, for example, HB 372 (Osienski). The bill ‘regulates and taxes marijuana in the same manner as alcohol’. I honestly haven’t had time to look at the differences between this bill and the failed bill, but they’re similar.  It’s still a 3/5ths bill, so I have to think a lot of pressure will be on Mike Smith to keep the word he broke on the day of that vote. Of note–Bud Freel is on the bill as a co-sponsor, so we have no worries there. The House Revenue & Finance Committee, where the bill has been assigned, is not filled with the most trustworthy members (Bolden, Bennett, and Dorsey Walker, none of whom are sponsors), so be forewarned.  Needless to say, I think it’s a good bill and hope it passes.

I have one question about this following bill:  What exactly is/was AG Kathleen Jennings thinking when it comes to HB 347 (K. Williams)?  The bill:

…makes patronizing a prostitute a Class G felony with a mandatory minimum fine of $1,000 unless the actor has been convicted of the same offense in the last 5 years, in which case it is a Class F felony with a mandatory minimum fine of $2,000. This Act makes patronizing a prostitute by agreeing to engage in sexual contact with a person younger than 18 years of age, regardless of whether the actor knows the age of the person at the time of the offense, a class D Felony. This Act also makes patronizing a prostitute within 1,000 feet of any school, residence, church, synagogue, or other place of worship a class F Felony with a minimum mandatory fine of $2,000.

Is Jennings channeling her inner Charles Oberly, who was similarly obsessed with sex work?  I certainly support going after those who engage in sex trafficking, and those who patronize the so-called Asian Massage parlors, which are thinly-veiled covers for sex trafficking.  But this return to the ’80’s outlaws consensual sex, meaning sex workers are at even greater risk than before.  Not to mention, the piling on of charges.  Will would-be patrons need a GPS tracker to make sure they’re not within 1000 feet of any school, residence, church, synagogue, or other place of worship?   If the AG is looking for a progressive way to help sex workers, might I suggest considering legislation like this?  This makes sense to me.  Sex workers need and deserve protection.  Here is some suggested reading.

The distance requirements were the brain-child of former Sen. Dave McBride and his partner in fighting vice, Captain? Corporal? Ray Hancock (real last name) back in the ’80’s.  They spent many hours together skulking around the adult book stores along Route 13.  We can only (pretty accurately) guess at what drove their obsessions.

I can well understand (and support) AG Jennings’ drive to eliminate the human trafficking that takes place at these Asian spas.  There is nothing consensual about the sex that takes place there.  But I think she’s way off the mark here.  Also gotta say, that’s an unusual group of sponsors: Delaware’s two most unethical legislators; Kim Williams, far afield from her one area of expertise (well, two, if caressing an assault weapon qualifies one as a firearms expert); Stephanie Hansen (you’ll have to ask her); and a bunch of those Rethug downstate mouth-breathers.  IMO, this is a regressive bill, poorly thought-out, and should never see the light of day.  Maybe we can use this as a learning experience to provide support to sex workers.  With a good bill.

There’s another really bad bill in a House committee tomorrow, but we’ll talk about it then.

Today’s House Agenda is lowlighted by SB 238 (Poore), which provides the hopelessly-corrupt Ft. DuPont project and Delaware City an infusion of cash from the RV Park that should never be built. All under the guise of a ‘Charter Change’.  While I have little hope that anybody will vote against this bill (surprise me, please),  I understand that there is finally some push-back on the even more corrupt HB 355 (Longhurst), which will be rubber-stamped in Val’s very own House Administration Committee tomorrow. But, that’s tomorrow. Yes, we’ll talk about it.  BTW, I wonder how much cash Bond Bill chairs Nicole Poore and Deb Heffernan are funneling to this project this year.  Looking forward to perusing that bill when it surfaces.  Remember, Deb, you will be held accountable for your actions. Just sayin’.

HB 311 (Griffith) basically aligns Delaware law with the Federal Americans With Disabilities Act.  Which is the other bill of note on today’s House Agenda.

There is one bill of (limited) interest in a House committee meeting today.  HB 356 (Dorsey Walker) ‘terminates the Medical Marijuana Act Oversight Committee ‘.  This is not controversial.  The committee’s functions had been taken over by the Office Of Medical Marijuana.  The oversight committee hadn’t made a recommendation in years, and essentially had no function.  The Joint Sunset Committee is simply doing what it is charged with doing–in this case, terminating an agency that no longer serves a public purpose.

Today’s Senate Agenda features a substitute bill that ‘clarifies that an employer is liable to an employee for liquidated damages if the employer does not make wages available on the next payday after an employee quits, resigns, is discharged, suspended, or laid off.’  One really good trend (I suspect it’s part of the Senate rules) is that, when a substitute bill is introduced, it spells out the differences between the original bill and the substitute.  Excellent transparency.  It’s still a good bill, and deserves passage.

I was intrigued to see that HB 320 (Heffernan) was assigned to the Senate Sunset Committee, where it will be considered today.  While it seems an odd committee choice, the membership of the committee guarantees that it will clear committee. The bill ‘allows physician assistants and advanced practice registered nurses to prescribe medication for the termination of pregnancy including Mifeprex, Mifepristone, and Misoprostol’.  It passed the House on a straight party line vote (shouldn’t pro-choice voters challenge Smith and Ramone in particular on their stance?  Smith’s voting record should mark him for defeat.). Look for something similar in the Senate.

Things are starting to heat up.  Back tomorrow to further stir the pot.