General Assembly Post-Game Wrap-Up/Pre-Game Show: Weds., March 29, 2023

I may, on exceedingly-rare occasions, be just a tad hyper-critical of the work of the Delaware General Assembly.  So, let me be clear:

There has never, EVER, been a more progressive and effective political body in the State of Delaware than the current Delaware State Senate.  In fact, none is even close.

Yesterday was a shining example of that effectiveness and progressivism.  While Tuesday’s star senators were Trey Paradee and Brian Townsend, the strength of that Democratic Caucus lies in both the diverse backgrounds of the members and the sheer willingness of those members to work really hard on the issues that matter to them.  I suspect that President Pro-Tem Dave Sokola must be having the time of his life as the proud papa handing out the keys to the family car and being rewarded for his trust and confidence in his offspring.  There is so much synergy in that caucus.

While the overwhelming passage of the two marijuana bills deservedly garnered the headlines, I was equally impressed with Sen. Townsend’s work on SS1/SB1.  This bill is arguably less ‘adversarial’ than last year’s renters’ right to counsel bill, yet appears to accomplish the identical result.  This took a lot of work on Townsend’s part, and appears to now have enough support to get through the Speaker Pete/Stephanie Bolden roadblock in the House.  In fact, the vote on the bill was unanimous, with one abstention due to a conflict-of-interest.

Truly-effective legislating requires this kind of behind-the-scenes work, and I believe it’s the defining feature of the Senate Democratic Caucus. A lot of hard workers with vision, a paucity of slackers.  We are fortunate to have them.

John Carney is in a quandary of his own making:  What will he do with HB 1 and HB 2?  His own Lieutenant Governor has thrown him under the bus;  he is already the lamest of lame ducks; he knows that any veto of these bills could be overridden, though that’s not certain in the House; he knows that these bills will become law once he packs up his spreadsheets and vacates Dover.  My unsolicited advice: If you can’t bring yourself to sign the bills, allow them to become law without your signature.  That way, you can have an impact on the development and implementation of the nascent pot business in Delaware. The alternative is merely to reinforce your reputation as the most incurious and irrelevant Governor in Delaware history, with budget-smoothing, which will disappear as soon as you do, as your only dubious legacy.

Here’s yesterday’s Session Activity Report.  Four people voted no on the Margaret Rose Henry Memorial License Plate Bill.  Reps. Griffith, K. Williams, Shupe and Wilson-Anton.  That was the correct vote.  Rep. Longhurst went not voting.

Lotsa committee meetings today, not as many interesting bills as I would have expected.  A few, though.  House Committee highlights:

HB 114 (Harris). I was wondering what Kerri’s first substantive bill would be.  It’s a good one.  HB 114 synopsis:

Substance use disorder constitutes a severe threat to the health and welfare of the citizens of Delaware. Recovery residences address the needs of individuals in recovery from substance use disorder by providing a safe and healthy living environment and a community of supportive recovering peers to which residents are accountable. Recovery residences support the recovery of individuals with substance use disorder and help prevent relapse, criminal justice system involvement, and overdose. Ensuring the certification of recovery residences according to nationally recognized evidence-based standards protects residents and communities from the harm caused by poorly managed or fraudulent recovery residences. This Act institutes a voluntary certification process for recovery residences under standards and procedures that uphold evidence-based best practices and support a safe, healthy, and effective recovery environment. This Act establishes residents’ rights of a recovery residence and protects residents against unreasonable and unfair practices in setting and collecting fees and other residence payments. This Act provides training and technical assistance for recovery residence operators and staff. This Act enables the data collection needed to study the effectiveness of Delaware’s recovery residences. Furthermore, this Act establishes penalties for recovery residences engaged in kickbacks, inducements, patient brokering, and other unethical practices. This Act also excludes a certified recovery house admission agreement from the provisions of the Landlord-Tenant Code.

House & Human Development.

HB 86 (Griffith): ‘…establishes a right to counsel for indigent parents in DSCYF custody proceedings. Parent representation will primarily be provided by a legal services entity contracted with the Family Court, but may also be provided by the Office of Defense Services or a private attorney appointed by the Court.’  Good stuff. Judiciary.

SB 33 (Gay):  While I rarely discuss bills I’ve referenced when they were considered in the legislative body of origin, I need to fill in a blank on this bill that ‘…adopts a key recommendation of the Child Protection Accountability Commission Caseloads and Workloads final report approved on November 20, 2019, that Division of Family Services (DFS) caseload standards be reduced from 18 to 12 families per worker.’  I had asked how the additional caseworkers were to be funded.  The answer, from Sen. Gay, is that the bill is essentially a prophylactic.  The Federal standard is 18 families per case worker.  It’s a minimum requirement.  With this bill, Delaware’s standard would be 12 families per case worker.  That standard is currently being met, so there’s no need for additional case workers. Yet.  When there is a need, it will be addressed through the budgetary process.  Judiciary.

Today’s Senate Committee highlights:

SB 52 (Pinkney): ‘directs the State’s current needle exchange program to take a needs-based approach.’ Health & Social Services.

SB 45 (Brown): ‘Under current Delaware law, if a labor dispute constitutes a lockout, employees are immediately eligible for unemployment benefits. Additionally, current law permits an individual to collect unemployment benefits beginning the third week of a labor dispute, other than a lockout. This Act mandates that the 2-week disqualification period does not apply if either: (1) The labor dispute is caused by the failure or refusal of the employer to comply with an agreement or contract between the employer and the individual, including a collective bargaining agreement with a union representing the individual, or a State or federal law pertaining to hours, wages, or other conditions of work. (2) The employer hires a permanent replacement worker for the individual’s position.’ Labor.

SB 51 (Paradee):  You can bet that the Delaware Restaurant Association will again cry crocodile tears over the onerous imposition on its industry if plastic products are minimized in Delaware eateries.  The provisions of this bill are hardly onerous:

This Act prohibits food establishments from providing consumers with ready-to-eat food or beverages in polystyrene foam containers or with single-service plastic coffee stirrers, cocktail picks, or sandwich picks. It also prohibits food establishments from providing single-service plastic straws, unless requested by a consumer.

It will no doubt pass the Senate.  Will it be stopped by the Longhurst roadblock in the House? (You see, Our PAL Val has a manufacturer of these plastic products in her district).  My prediction?:  She buries it in the House Administration Committee. But, I’m getting ahead of myself.  Environment, Energy & Transportation.

SB 64 (Paradee): While I don’t quite understand how this is designed to work, it’s the annual sop to the casino industry from the usual suspects:

…promotes increased capital investment at Delaware casinos by restructuring the table games licensing fee reduction currently received by video lottery agents to allow capital investments greater than the minimum amounts required under § 4815(b)(3)a. of Title 29 of the Delaware Code to count toward the allowable license fee reductions.

No fiscal note.  Anyone care to translate what this bill does?  Elections & Government Affairs.

Here is today’s Senate Agenda.  For the record, SB 34 (Lockman) removes arcane and inoperative sections of the Delaware Code that promoted discrimination in public accommodations.  Stain remover that can’t remove the stain that was racism in Delaware for far too long.