Legislative Post-Game Wrap-Up/Pre-Game Show: Wed., Jan. 27, 2010
Lotsa brand new bills and brand new committee assignments for them. I’ll discuss the ones I find interesting (and/or worrisome) in my Pre-Game Show report below.
As noted here yesterday, the Senate considered and passed a series of non-controversial house bills. Perhaps the most notable of the lot is HB 249 (Keeley), which requires pharmacists to provide patients with their records when requested. I have to assume that there must have been an incident which inspired this legislation, although I can’t imagine a pharmacist refusing to provide such information. Since all of the house bills were passed yesterday without Senate amendments being added, they now go the the Governor for his signature.
In cases where amendments are added in the other house, the bill must return to the house of origin as the bill must be passed identically in both chambers before going to the Governor.
Which puts us smack-dab in the middle of yet another teaching opportunity. Yay!
Let’s mosey on over to the House to see this process in action, shall we? Rep. B. Short’s HB 140 originally passed the House unanimously. The Senate added an amendment to the bill, then passed it (with Sen. Bunting going ‘Not Voting’ b/c his insurance business could represent a conflict-of-interest), and sent it back to the House. An amended bill does not have to go back through the committee process, and the bill was again passed unanimously in the House. It now goes to the Governor’s office for final action.
In other House action, HB 300(Bennett), which requires prompt state responses to FOIA requests, passed unanimously. It really is hard to overstate just how far the General Assembly has come on open government issues the past couple of years. In times past, a bill like this very easily could have ‘disappeared’ into someone’s desk drawer. I predict that it won’t happen in the Senate, where it now heads.
There were a couple of revenue bills stricken. One, HB 265 (Longhurst), would have restored Delaware’s Estate Tax, which only impacts the Filthy Rich. I fully expect a new piece of legislation to replace this one. However, if this is yet another unilateral surrender on the part of the D’s, then it once again raises the question as to who represents the ‘Democratic wing of the Democratic Party’.
PRE-GAME SHOW
The Senate has an agenda, and at least one of the bills, SB 182(Hall-Long), is virtually guaranteed to be worked today as it has been scheduled for a Day Certain (today). Bills are generally scheduled for a Day Certain when there are a number of interested parties (in this case, probably the membership of the Delaware Nurses Association) who may wish to attend and/or comment upon legislation. A bill of this sort can be scheduled for the agenda days in advance of its actual consideration to enable people to make plans to participate. And, yes, I just slipped another teaching opportunity by you.
Speaking of slipping things by you, it appears that Del-Tech’s gremlins are at it again. SB 202(Venables) purports to be a revenue omnibus bill, clearing up a few fiscal odds & ends. Imagine my (lack of) surprise when I found this gift to Del-Tech tucked in there:
Section 4. Owens Campus Energy House. Delaware Technical & Community College shall apply for all State and local permits and approvals required by any applicable provision of the Delaware Code, or any ordinance, rule or regulation enacted pursuant thereto in connection with the design and construction of the Owens Campus Energy House; provided, nevertheless, that any such permit or approval shall be granted within 10 working days from the date upon which the College makes application therefor. If any required permit or approval is not granted within 10 working days as set forth above, the College may commence construction and shall be immune from any legal action or liability for failing to obtain such permit or approval.
Got that? They can’t be turned down even if warranted, and they can start construction with or without permits or approvals. Lonnie George sure earns his salary. It may be the greatest project of all time for all I know, but it’s a project with a legalized end-run around the permitting process. All together now: The Delaware Way in action. BTW, SB 202 is on today’s Senate agenda.
*Sigh*. OK on to today’s committee meetings. In the Senate:
SB 201(Bushweller) Senate Public Safety Committee-Codifies new structure of the Delaware Health Information Network. This bill deserves some serious questioning. First, state immunity is being extended to a ‘not-for-profit, public/private corporation’. Also, while the synopsis talks about ‘patient advocates’ being represented in the process that led to this bill, it looks a lot like an insiders’ reunion with ‘patient advocates’ serving as convenient window dressing. Appearances could be wrong, but that’s why this bill requires clarification, IMHO.
Senate Executive Committee-The secrecy continues. Consideration of gubernatorial nominees. No names listed. Pathetic. Tony DeLuca says, “None of your bleeping business.” Maybe, just maybe, the Governor’s office would release the names of those being considered, if they even know who DeLuca has blessed.
Senate Judiciary Committee-Pete Schwartzkopf’s HB 310, legalizing and establishing table games in Delaware, has been assigned to a favorable committee and likely will be fast-tracked for a vote in the entire Senate tomorrow.
House Economic Development/Banking/Insurance/Commerce Committee-HB 303(Keeley)-Places restrictions and sanctions on predatory lenders.
House Gaming and Parimutuels Committee-SB 188(DeLuca)-The companion table gaming bill to HB 310. I expect both bills to head to the Governor by the end of session tom’w.
House Transportation/Land Use and Infrastructure Committee-HJR 8(Carson)-Determined to fix something (one of the few things) that ain’t broke, one of Dover’s worst legislators proposes a pilot program to have new car dealers perform auto inspections. Presumably because it works so well in Pennsylvania. A buncha Kent County/Middletown-area legislators are pushing for this. Must be some bucks being thrown around south of the Canal. Doesn’t that Willis guy have his car dealerships there?
Folks, bring your popcorn. Some interesting stuff going on in Dover today.
Be back tomorrow to clean up after the elephants and to see what they left behind…
Re: Longhurst’s withdrawal of HB 265 concerning state estate tax. The State estate tax was already reinstituted last Summer – at least for a 4 year period. HB 291 (Longhurst) that became 77 Del. Laws 85 (July 1, 2009). While some folks might want to tinker with the text of last Summer’s enactment, I think the withdrawal of HB 265 (co-sponsored by Sen. Adams) was just housekeeping.
Thank you, Gary, I appreciate the update. When I write a legislative wrap, it takes a village to get it all correct. Or, at least, close to correct…
provided, nevertheless, that any such permit or approval shall be granted within 10 working days from the date upon which the College makes application therefor. If any required permit or approval is not granted within 10 working days as set forth above, the College may commence construction and shall be immune from any legal action or liability for failing to obtain such permit or approval.
This also looks like a Get Out of Jail Free card for doing an end run around building code requirements, which is a Real Problem.
These are really informative posts, Bulo and I’m always happy when I see them posted!