General Assembly Post-Game Wrap-Up/Pre-Game Show: Thurs., June 17, 2010

Hell hath frozen over. Whether by design or accident, a significant roll call has escaped the clutches of the Senate censors. I hereby posit that Colin Bonini threatened a gaseous eruption that would have rendered the Senate Chamber uninhabitable. I encourage your snarky theories as well. The significant roll call in question is Tuesday’s vote to ban the use of handheld devices while driving. Using my Spidey Sense and artistic license, I had ‘reported’ (i.e. guessed) that Bonini, Booth and Simpson were the three nos. As it turns out, Bonini voted yes, and it was Bob Venables (suh-prize, suh-prize) who cast the third nay vote. The fact that a former state trooper (Simpson) would vote no tells you all you need to know about his judgment. Maybe he has a driver bring him to Dover. In an armor-lined Humvee.

Today’s News-Journal provides a helluva lot more info on yesterday’s Dover doings than does the official Session Activity Report. For example, here, here, here, here, and here. Strong reporting from the Journal. Mitchell’s ‘Fines for Troopers’ scheme runs into trouble as everyone wants a piece of the pie; the Bradley package clears committee, and ‘service letter’ legislation passes the Senate; no statewide consolidation of county row offices for now; FOIA bills clear committee; and ‘law-abiding citizen’ Atkins’ plan to turn public housing projects into armed camps advances (Markell promises a veto).

Two additional items of note: The door-to-door solicitation bill passed the Senate and (a) either goes to the Governor; or (b) goes back to the House for a pro-forma vote. Senate Amendment 3 either was or was not voted onto the bill. While SA 3 was clearly introduced and, according to the new description of the bill, added to it, there is no record here of the Senate having taken action on it, other than its having been introduced. No biggie, just part of my new-found commitment to absolute accuracy. SJR 3, which looks like another grab for some available Federal $$’s, also passed the Senate. The bill “explains the concept of the “Healthcare Innovation Zone,” stresses its potential for increasing the effectiveness of healthcare services while reducing costs, and directs the Department of Health and Social Services, acting in conjunction with other state and private agencies and organizations, to take steps to prepare an application for the entire State of Delaware to be designated as a Healthcare Innovation Zone. The Resolution also urges the Governor of Delaware to proclaim the entire State of Delaware as a Healthcare Innovation Zone in order to demonstrate the interest of the healthcare provider community and state government in pursuing this opportunity.”

Onward to today’s activity. In the Senate, we have some leftovers from yesterday, including these two key bills: HB 388(Hudson) and SB 267 (McDowell). I would hope and expect that both bills will pass comfortably (and that we can read the full roll call results).

Pieces of the Bradley package are being fast-tracked and appear on the Senate Agenda today. SB’s 296, 297, and 298. Among other things, SB 296 changes the name of the Board of Medical Practice to the ‘Board of Medical Licensure and Discipline’. Folks, this is precisely what the Board of Medical Practice was supposed to be doing all along. Licensure boards are created to ensure the public’s safety by making sure that only those qualified to practice actually practice and to weed out those who violate the law and/or the professional standards of the profession. This board failed miserably, and some of our most vulnerable ended up as innocent victims. And, if you think that the Board was derelict only in this case, guess again. It simply has not carried out its mandate, and all of the members should resign or be forced to resign. Failing that, Governor Markell and subsequent governors should not reappoint any current sitting members to this Board when their terms expire.

SB 119(McDowell) ‘increas(es) the required minimum percentage of renewable energy supply to Delaware customers, such as solar, wind, geothermal, and hydroelectric power. The act achieves this goal by setting a minimum percentage of energy that must come from renewable resources at 30% by 2023. The act also creates a Distributed Renewable Energy carve out of 10% by 2023.’ At the risk of starting another flame war, I know that there are a few readers who think that Sen. McDowell is somehow carving out a personal fortune on energy legislation. Say what you will about McDowell, I’ve never known him to be corrupt, in fact, far from it. He’s always meant well, even when it didn’t turn out so well. You can criticize him for sometimes having blinders on, and he’s frustrated the bleep out of me for all too often failing to follow through on many of his ideas, but if the guy is trying to get rich, he’s goin’ about it the wrong way. BTW, I like this legislation.

A nice FOIA bill from (who else?) Karen Peterson clarifies that the AG’s office shall not represent state agencies in FOIA disputes with the public when it determines that the agency has failed to comply with the statute. On today’s agenda.

On the House Agenda, there are two bills about which I’ve previously sounded alarm bells, HS1/HB390(B. Short) and HB 453(B. Short). While I’m in favor of helping Delaware businesses to flourish, it should not be at the expense of the consumers and residents of the state. I fear that both bills offer the potential for harm to the public. Supporters who think I’m full of it are welcome to explain why my fears are overblown.

The remainder of the agenda looks like leftover items from Tuesday, some of which I discussed here.

Finally, there’s a committee meeting being held today to consider what is obviously ‘special interest’ legislation, the kind that sneaks through at the end of session. John Viola, on anyone’s Top 10 List of “Least Distinguished Legislators”, is doing a particular favor to a certain pharmaceutical wholesaler. Is it any surprise that Colin ‘Mr. Open Government’ Bonini and Debbie ‘Screw the Poor’ HudsonCapano are the other two sponsors? Here’s the bill. It purports to “clarif(y) that a pharmaceutical wholesaler located inside or outside of the state that ships pharmaceutical drugs to a pharmaceutical distribution wholesaler in this state is exempt from the gross receipts tax.” Stuff like this only comes from a professional lobbyist looking to earn his/her salary. Memo to the General Assembly: You have just been made aware of this. If you vote for it, you cannot plead ignorance. This is precisely the type of bill that has no business being rushed through in the session’s waning days. You can bet that there’ll be more like this. I’ll try to keep up as best I can, but we need everybody’s eyes and ears to forestall this type of malicious mischief from becoming law.