G. A. Post-Game Wrap-Up/Pre-Game Show Feat. “Amendment of the Year”: May 12, 2010

Only the absence of Monsignor Lavelle (who might’ve been laying low following the release of the Bradley Report, since he was one of only two legislators opposing a longer statute of limitations on civil suits against pedophile pediatricians) dampened the atmosphere for the passage of universal recycling legislation yesterday by a 26-12 vote. It’s just not the same w/o his pompous and ponderous pontifications. He might’ve even cried again. Rep. Joseph Miro, who was a sponsor of the bill, went ‘Not Voting’ on the roll call. Guess he hopes he can have it both ways in what may well be a tough reelection campaign.

The usual array of ‘killer amendments’ were introduced and were defeated, largely, but not exclusively, on party lines. However, there was one amendment richly deserving of its day in the sun. In fact, this could well be the Amendment of the Year for sheer amusement value.

Ladies and gentlemen, courtesy of Monsignor Lavelle and Reps. Cathcart and D. Short, I hereby present to you House Amendment 3 to SB 234, in which the increasingly befuddled House Rethug leadership blames their problems on, well, read for yourself:

“This amendment reduces the Recycling Fee on beverage containers from $0.04 per beverage container to $0.02, and adds a $0.02 Recycling Fee on newspapers with a circulation in excess of 5,000 per week. “

That’s right. It’s the print media’s fault. But not just any print media. The BIG print media, if such an animal remains in Delaware. Not those nice little weeklies in places like Milford, Seaford, and the other ‘fords’. Presumably, small papers’ newsprint stock must be of such a quality that recycling is not necessary, only the big paper(s) who have no choice but to chronicle Cathcart’s and Lavelle’s latest blunders and/or foot-in-mouth quotes.

Put another way, this amendment was merely a legislative fit of pique by Crybaby Cathcart and the Monsignor, presumably because it’s always smart to feud with the people who buy ink by the barrel.

But just to show that it was all a joke and that they really didn’t mean it, they (and everyone else) voted against their own amendment. How much are we paying these guys again? Presumably almost as much as David Swayze is.

But not even David Swayze could stop the impetus for universal recycling. We will now see whether his threats of lawsuits come to fruition. If they do, this corporate whore should never again be allowed near any state task force, commission, administration or any other policy-making body. He exemplifies everything that’s wrong with the Delaware Way, especially the far-too-cozy relationships between government and shills like Swayze.

The other highlight from yesterday’s Session Activity Report was the passage of another key bill designed to help foster children. Someone in the Department of Children, Youth and their Families is clearly doing their job, and doing it very well. Or it may well be the State’s Child Advocate. SB 113 (Cook) “creates a procedure by which youth exiting foster care in Delaware and who are provided services under the John H. Chafee Independence Act and/or the Fostering Connections and Increasing Adoptions Act of 2008 have a legal mechanism for Family Court to review the appropriateness of such services. The bill also specifically limits any findings on the reasonableness of the services to be offered and coordinated by the DSCYF to the youth, including financial, housing, medical, employment, training, education and other appropriate services, to the appropriations made to or by the State of Delaware for this purpose. Finally, the bill allows ongoing representation of the youth by the Office of the Child Advocate or the Court-Appointed Special Advocate program.” The bill passed the Senate unanimously, and I expect similar swift action in the House.

As always, check the linked session activity report above as well. What interests me is not necessarily what interests you.

Most of the action is in committee meetings today, along with a truncated Senate Agenda consisting mainly of House bills.

Senate Committee highlights:

1. Community Health Centers to Report to the G. A.: The Senate and House Health & Social Services Committees will meet jointly to hear a presentation by the Mid-Atlantic Association of Community Health Centers and Representatives of local health centers in Delaware. I hope that the press covers this, as I expect that the presenters will be able to demonstrate in depressing detail just how frayed the social safety net is.

2. Bethany Hall-Long Is a Repeat Offender: Another week, another committee meeting notice, another notice with no agenda. Unless and until proven otherwise, I have no choice but to assume that Sen. Hall-Long has an agenda, and it’s to keep the public in the dark about what she’s doing. Oh, and Hall-Long is an offender twice in one week as the Senate Sunset Committee, which is supposed to hold public bodies accountable for their actions, this week does not hold itself accountable, nor the public deserving of notice, for what it will consider today.

3. Full Agenda for Senate Judiciary Committee: In addition to the corporation law package being fast-tracked through the General Assembly, the Judiciary Committee will also consider Sen. Peterson’s dram shop bill to hold those who recklessly sell alcohol to an inebriated person liable should such person kills or injures an innocent party. It’ll be interesting to see who, if anybody, opposes this bill. Rep. Barbieri’s common sense legislation regarding the reporting of school incidents is also on the agenda after having passed the House. A bill regulating ‘genetic counseling’ is also on the agenda. While I have no problem with the bill itself, legislation regulating occupations and professions as they appear in Title 24 of the Delaware Code invariably go to the Sunset Committee. I have no idea why an exception was made in this case as the legislation itself is fairly boilerplate.

4. Bob Marshall Is a Repeat Offender: I have made no secret of my admiration for Sen. Marshall. I think he is by far the most underestimated legislator in Dover, and he has accomplished a lot, often to little fanfare. But, once again, here we have another repeat offender. There simply is no excuse for this.

House Committee highlights:

First a memo to Legislative Council which presumably maintains the legislative information for public consumption: Hello-o-o-o. May 5 was so last week. You just might want to remove these no-longer-applicable notices from the Committee Meeting Notice. Thank you.

1. Probation/Parole Officers Pensions Considered: The House Appropriations Committee (i.e. the House members of the Joint Finance Committee) will consider legislation enabling probation and parole officers to retire after 25 years with no penalty, regardless of age. State police can already do this, which explains in part the high number of former state police in the Delaware General Assembly.

2. Very Important Bills in House Insurance/Small Biz, etc. Committee: Perhaps no bill this session will provide a sharper snapshot as to whether the General Assembly is still in the throes of the lobbyists than HB 367 (D. Short). Blue Cross/Blue Shield plays its ongoing game of deny and delay, causing real medical and financial harm to real people. They get away with it due to an utterly incompetent and possibly corrupt Insurance Commissioner and a General Assembly unduly influenced by the David Swayzes of this world (yes, Blue Cross is also one of his clients).  Dan Short’s bill would change that by “requir(ing) an insurer who denies coverage for a procedure or test as medically unnecessary to reimburse an insured for all expenses, including out-of-pocket expenses, if the insured pays for the procedure or test and the procedure or test is proven to be medically necessary.
Section 2307 of Title 18 contains the procedures to be used by the Insurance Commissioner when he or she has reason to believe that an insurer has engaged in an unfair practice, such as denying coverage as medically unnecessary.

Now, kids, here is how the malevolent moneyed minions will likely try to kill this bill. They will say that the bill, while ‘well-intentioned (code word for ‘misguided’)’ has technical problems that need a more ‘serious’ look. They’ll then suggest  forming a ‘task force’ to research the issue and report back to the General Assembly in January. They will then work behind-the-scenes to insure that the ‘task force’ is heavily weighted with representatives from the Forces of Evil. This is how it’s done every single year in Dover.

If you care about this, then call your legislators and let them know that you will not tolerate playing of games. The insurers have delayed long enough. Call them on it. And, while you’re at it, ask the D’s why so few of them have signed on as sponsors.

Rep. B. Short’s ‘Regulatory Flexibility Act’ causes my Spidey Sense to tingle. It looks like this bill might just kill a fly with an atomic bomb. Calling anything created by the Bush Administration ‘model legislation’ is a misnomer. Nevertheless, this bill seeks to  “… adopt(s) much of the model legislation with the intent of aiding and fostering small job growth in our State by creating a friendlier regulatory environment for small businesses.”

If we’ve learned anything from the Bushites, it’s that a ‘friendlier regulatory environment’ creates a far less friendly environment and has led to dire financial circumstances for innocent bystanders.

If there are specific and identifiable problems creating unreasonable impediments for small business, by all means legislate them. But giving the kind of carte blanche that this bill does will inevitably be bad for Delaware. You read it here first.

3.  Nouveau Niche Gambling: Rep. Viola’s bill to set up an upscale private club/casino will be considered today in his committee. Just curious. Do we have a right to know exactly who is pushing for this legislation? For example, if it’s that Donald Trump, whose AC casinos have gone broke about three different times now, shouldn’t we know that before His Royal Hairness makes his way to Delaware? Just askin’.

4. Unconstitutional Bill in House Admin. Committee?: I’ve gone on so long today that I’ll save a more detailed discussion of HB 384(Keeley) for another day. Suffice it to say that I think it violates the Federal Constitution as it would, at the state level, ignore the results of the Census, upon which reapportionment figures are based. Plus, I don’t really see the point of it.

I also don’t see the point of continuing. For those of you still awake, I thank you and I suggest counseling. Me, I’m going back to sleep.