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While most of the focus of the waning hours of the legislative session was on the state’s finances, several pieces of legislation were considered and cleared the General Assembly Tuesday night into Wednesday morning.
Lawmakers voted to repeal the “bottle bill,” a 5-cent deposit placed on bottled beverages that could be redeemed if the consumer returned the empty bottle to the store, according to a press release from Drew Volturo, spokesman for the House Democratic Caucus.
Rep. John J. Viola, who sponsored House Bill 201, said that in an age of single-stream, curbside recycling, the 25-year-old bottle bill had outlived its usefulness.
“I spoke to distributors, stores, residents and other and found that the deposit was not effective at improving recycling. None of the three surrounding states have a bottle bill and their recycling rate is higher than ours,” said Rep. Viola, D-Newark. “Single-stream, curbside recycling is the future for recycling, not a nickel deposit. People like me who do curbside recycling don’t even bother bringing the bottles back to the store. We just place them in the container, so we lose money.”
“This law has cost consumers tens of millions of dollars – if not, hundreds of millions of dollars – five cents at a time. When you go to the store and buy a bottled drink, it doesn’t cost $1.25 like it says. The computer adds five cents at the register. It’s my hope that stores get rid of this hidden tax with the passage of this bill.”
Rep. Viola said he hopes that the state will focus its efforts on improving and increasing recycling efforts throughout the state.
Under HB 201, the bottle bill will be repealed, effective September 1, 2010. Distributors are required to provide dealers with notice of the effective date of the repeal and place a public notice in retail locations from January 1, 2010, through September 30, 2010.
HB 201 passed the House 35-3 and the Senate 12-6.
Other bills that were approved during the last night of session include:
• House Bill 253, which overhaul the Violent Crimes Compensation Board, a state commission charged with providing financial assistance to violent crime victims. The bill passed the House last week and cleared the Senate Wednesday morning, both unanimously.
Sponsored by Rep. John A. Kowalko, D-Newark, House Bill 253 was developed by and sponsored by the members of the Joint Sunset Committee, a legislative panel that reviews various state boards and commissions and determines what, if any, changes need to be made.
The General Assembly established the Victim’s Compensation Fund in 1974 to provide a method of meeting the hardships imposed upon the innocent victims of certain crimes by compensating them financially for losses sustained as a result of those crimes. Funding for the fund is generated by a surcharge on fines and penalties imposed by the courts. The Violent Crimes Compensation Board considered nearly 800 claims in fiscal 2008, disbursing $2.51 million to victims.
Under HB 253, the Violent Crimes Compensation Board will be renamed the Victim’s Compensation Assistance Program and its duties and employees will be transferred from the Administrative Office of the Courts to the state Department of Justice. The executive director and investigative staff will award benefit compensation to victims based on existing criteria, streamlining the process to get the funds to victims more efficiently.
The five-member board will act as an appeals board, which will have the power to affirm, reverse or modify the agency’s claims decisions. Members must come from all three counties and the city of Wilmington, providing representation on the board from the entire state.
“We welcome the addition of the Victim Compensation Assistance Program to the Delaware Department of Justice and will work swiftly to implement this legislation in order to enhance critical statewide support to victims of crime, said Chief Deputy Attorney General Richard S. Gebelein.
The bill also will have a cost savings aspect. By merging the board with the Department of Justice, it will eliminate the need to rent office space, saving $53,000 annually. Also, board members who are appointed or re-appointed will be paid $100 per meeting. Currently, board members receive $10,000 annually, while the vice chair receives $11,000 and the chair receives $12,000 annually.
• House Bill 197, which would create a two-year pilot program for camera and video speed enforcement near a school or work zone, cleared the House early Wednesday.
Rep. Gerald L. Brady, D-Wilmington West, who sponsored HB 197, said the system that would be used is similar to the red light cameras, which the city of Wilmington pioneered when he was a city councilman. The technology is the same as E-Zpass, which measures rate, distance and speed using photos.
• HB 197 would authorize any Delaware police agency to set up a camera and video system within one-quarter mile of a school or construction zones. Only vehicles traveling at least 11 miles per hour faster than the posted speed limit would be assessed a violation. Motorists cited would be issued a civil assessment with a maximum fine of $50.
Rep. Brady said that the purpose of the pilot program is to validate the program as an effective technology in the most critical zones before determining whether it could be applied to other areas. According to the 2009 AAA Public Opinion Poll in Delaware, 66 percent of drivers supported the use of speed cameras in school zones and 47 percent supported their installation in work zones.
HB 197 goes to the Senate for consideration when session resumes in January.
While most of the focus of the waning hours of the legislative session was on the state’s finances, several pieces of legislation were considered and cleared the General Assembly Tuesday night into Wednesday morning.
Lawmakers voted to repeal the “bottle bill,” a 5-cent deposit placed on bottled beverages that could be redeemed if the consumer returned the empty bottle to the store, according to a press release from Drew Volturo, spokesman for the House Democratic Caucus.
Rep. John J. Viola, who sponsored House Bill 201, said that in an age of single-stream, curbside recycling, the 25-year-old bottle bill had outlived its usefulness.
“I spoke to distributors, stores, residents and other and found that the deposit was not effective at improving recycling. None of the three surrounding states have a bottle bill and their recycling rate is higher than ours,” said Rep. Viola, D-Newark. “Single-stream, curbside recycling is the future for recycling, not a nickel deposit. People like me who do curbside recycling don’t even bother bringing the bottles back to the store. We just place them in the container, so we lose money.”
“This law has cost consumers tens of millions of dollars – if not, hundreds of millions of dollars – five cents at a time. When you go to the store and buy a bottled drink, it doesn’t cost $1.25 like it says. The computer adds five cents at the register. It’s my hope that stores get rid of this hidden tax with the passage of this bill.”
Rep. Viola said he hopes that the state will focus its efforts on improving and increasing recycling efforts throughout the state.
Under HB 201, the bottle bill will be repealed, effective September 1, 2010. Distributors are required to provide dealers with notice of the effective date of the repeal and place a public notice in retail locations from January 1, 2010, through September 30, 2010.
HB 201 passed the House 35-3 and the Senate 12-6.
Other bills that were approved during the last night of session include:
• House Bill 253, which overhaul the Violent Crimes Compensation Board, a state commission charged with providing financial assistance to violent crime victims. The bill passed the House last week and cleared the Senate Wednesday morning, both unanimously.
Sponsored by Rep. John A. Kowalko, D-Newark, House Bill 253 was developed by and sponsored by the members of the Joint Sunset Committee, a legislative panel that reviews various state boards and commissions and determines what, if any, changes need to be made.
The General Assembly established the Victim’s Compensation Fund in 1974 to provide a method of meeting the hardships imposed upon the innocent victims of certain crimes by compensating them financially for losses sustained as a result of those crimes. Funding for the fund is generated by a surcharge on fines and penalties imposed by the courts. The Violent Crimes Compensation Board considered nearly 800 claims in fiscal 2008, disbursing $2.51 million to victims.
Under HB 253, the Violent Crimes Compensation Board will be renamed the Victim’s Compensation Assistance Program and its duties and employees will be transferred from the Administrative Office of the Courts to the state Department of Justice. The executive director and investigative staff will award benefit compensation to victims based on existing criteria, streamlining the process to get the funds to victims more efficiently.
The five-member board will act as an appeals board, which will have the power to affirm, reverse or modify the agency’s claims decisions. Members must come from all three counties and the city of Wilmington, providing representation on the board from the entire state.
“We welcome the addition of the Victim Compensation Assistance Program to the Delaware Department of Justice and will work swiftly to implement this legislation in order to enhance critical statewide support to victims of crime, said Chief Deputy Attorney General Richard S. Gebelein.
The bill also will have a cost savings aspect. By merging the board with the Department of Justice, it will eliminate the need to rent office space, saving $53,000 annually. Also, board members who are appointed or re-appointed will be paid $100 per meeting. Currently, board members receive $10,000 annually, while the vice chair receives $11,000 and the chair receives $12,000 annually.
• House Bill 197, which would create a two-year pilot program for camera and video speed enforcement near a school or work zone, cleared the House early Wednesday.
Rep. Gerald L. Brady, D-Wilmington West, who sponsored HB 197, said the system that would be used is similar to the red light cameras, which the city of Wilmington pioneered when he was a city councilman. The technology is the same as E-Zpass, which measures rate, distance and speed using photos.
• HB 197 would authorize any Delaware police agency to set up a camera and video system within one-quarter mile of a school or construction zones. Only vehicles traveling at least 11 miles per hour faster than the posted speed limit would be assessed a violation. Motorists cited would be issued a civil assessment with a maximum fine of $50.
Rep. Brady said that the purpose of the pilot program is to validate the program as an effective technology in the most critical zones before determining whether it could be applied to other areas. According to the 2009 AAA Public Opinion Poll in Delaware, 66 percent of drivers supported the use of speed cameras in school zones and 47 percent supported their installation in work zones.
HB 197 goes to the Senate for consideration when session resumes in January.
