Here’s what we/I learned yesterday: For the remaining two days of session, the Pre-Game Show section of my posts ain’t worth the paper it’s not printed on.
Many of the key legislative developments did not show up on any agenda. Two cases in point:
The House passed the Democratic redistricting plan by a 26-10 vote, with the five other R’s not voting. Straight party line vote, and really not a whole lot of recriminations from the R’s. Monsignor Lavelle, perhaps waxing nostalgic for his soon-to-be final days in the House and not yet certain as to what will emerge from the Senate, said:
“Elections have consequences, and one of those consequences this year will be redistricting.”
Of course, in the Senate, it appears that the only election with consequences will turn out to be the one where DeLuca and Blevins beat back a challenge for leadership. Meaning that Lavelle could well take a seat in the Senate from a Democrat, courtesy of DeLuca and Blevins. But, I digress, for now.
The neanderthals in the Senate also saved one of the worst Delaware Way vestiges of patronage from extinction, at least for now. With alleged ‘progressives’ Sorenson and McDowell not voting (the long arm of Tony DeLuca, redistricting crayon in hand?), legislation to abolish the already useless Board of Parole failed, by a 9 Y, 10 N margin. Of course, there’s no funding in the Budget Bill for the agency, so we have one more bit of unnecessary drama added to the final days of session.
Neither of these bills appeared on any agenda. And, they really don’t have to. You see, there are rules that govern the way the houses operate. They are rules that are voted on by the respective bodies at the beginning of the General Assembly session. However, there is one rule that supersedes all these rules. You may occasionally see it on an agenda as follows: (MTSR). Which means ‘Motion To Suspend All Rules that may interfere with the consideration of (fill in the piece of legislation)’. Rules suspended can and do include requiring a bill to go through the committee process, and requiring that notice of the bill’s consideration be made via agenda. Which means that dozens of bills will be considered without any public notice these next two days. That’s why I’ve urged (it’s useless, I know, but at least I want you to exercise diligence and keep an eye on shady dealings) legislators to not go on an orgy of yea votes unless they understand what they’re casting their votes for.
That’s not to say that bad legislation can’t be worked even with public notice. SB 146 gives the finger to Delaware’s neediest as two ‘not-for-profits’ merge w/o promising even a cent of their obscene reserves. $175 million in reserves for this ‘not-for-profit’. The Senate basically decided that what they passed in 2004 was not what they intended to pass in 2004, hence AG Beau Biden has no authority to challenge the merger between BC/BS and the Pittsburgh-based Highmark. It gets worse. From today’s News-Journal article:
As an alternative method of safeguarding the reserves, an amendment to Senate BIll 146 would require review and approval by the Department of Insurance of any payment Blue Cross makes in excess of $500,000 from the reserve fund to Highmark.
In a committee meeting last week, and through compromise discussions this week, Biden was steadfast in his opposition to Blevins’ bill. He warned that, through the deal, Highmark would gain control of Blue Cross’ entire pot of reserves. (IC Karen Weldin) Stewart has the power to ultimately approve or deny the deal, should it proceed. A public hearing is scheduled for early September.
That’s no safeguard. That’s a blank check. Can anyone, anyone, cite an example of KWS daring to challenge BC/BS? Don’t bother to answer. Rhetorical question.
In fact, she has been so derelict in her duties that Reps. Dan Short and Bryon Short have introduced legislation to, in effect, require the Insurance Commissioner to do her job.
At the same time, (Rep. Dan) Short criticized Insurance Commissioner Karen Weldin Stewart for dragging her feet by failing to impose any penalties on Blue Cross Blue Shield of Delaware — three months after she concluded that the insurer had broken the law with a contract giving a subcontractor an incentive to deny requests for high-tech tests used to diagnose heart blockages and brain tumors.
Just like Tom Wagner, KWS protects those she’s charged with regulating at the expense of those who elected her to office. Her shrill defenders notwithstanding, she is both an embarrassment and a danger to the citizens of Delaware. I’d love to see the House hold SB 146 hostage until some real consumer protections are built into it, but BC/BS is just so wired into the General Assembly that that ain’t happening. In fact, it’s on today’s House agenda under a Motion to Suspend Rules.
Here’s the entire Session Activity Report for Tuesday’s legislative session. Both the Bond Bill (Senate) and Grants-In-Aid Bill (House) were introduced, and will be likely considered today under Suspension of Rules.
The Senate also passed the horrible HJR 3 with three no votes, which basically allows the telecom industry to write its own tax provisions; SB 63, a very good bill, long overdue, which now goes to the Governor; and SS1/SB 29, but with an amendment added to protect drunken hunters and legislators from losing their gun permits should they be pulled over for public intoxication. After all, except for the fact that they’re drunk and a menace to others on the road, they’re law abidin’ citizens. Ain’t that right, John Atkins? Besides, who would deny hunters their ceremonial six-pack after bagging a coyote? It’s the redblooded male equivalent to the post-coital cigarette.
The House passed a buncha’ stuff that doesn’t interest me, but may interest you. Thumbs up to SB 42, part of a package of mortgage foreclosure legislation that will rank as one of this session’s notable achievements. Everything else: Meh.
The Senate does not even have a posted agenda today, and will likely work through packets of bills with little or no public notice. This is unnecessary, as the House at least has a significant posted agenda. But just remember who pulls the strings in the Senate. They firmly believe that you don’t have the right to know. If any of you are in the Hall today, please keep us updated as to what’s going on, especially on the Senate side since their sessions cannot be streamed online.
The House has several significant bills on its posted agenda today. The key agenda is House Agenda III. It includes the sop to Blue Cross/Blue Shield, SB 146, to be worked under suspension of rules. Rest assured that the House will keep that $175 million in BC/BS off limits to Delawareans, if not to BC/BS’ merger partner.
Not the only sop to be run by the saps today, though. SB 91, which gives the banks yet another entirely undeserved set of tax breaks, is set for House action. $3.4 mill in FY ’12 and $8.5 mill in FY ’13. All in the name of economic development. Economic development, my not insubstantial ass.
HB 195, the Grant-In-Aid bill, is also scheduled for consideration. This, above all others, is the Incumbency Protection Bill. Grants to fire companies, senior centers and the like. In fact, that’s the reason, IMHO, why this bill has a 3/4 majority vote requirement. It virtually guarantees that there are goodies for everyone within. In other words, an essential part of the Delaware Way. In fact, Jobs for Delaware Graduates, one of the most phony baloney ‘programs’ in Delaware history, gets, are you ready, $754,000 in Grants-In-Aid. Wait a minute, I’m wrong. They get an additional $223,080 further down the list. Almost $1 mill, a total waste. Herman Holloway Jr.’s Martin Luther King Center, an utterly redundant referral agency, gets its annual $30K. There are so many examples of agencies and organizations that really shouldn’t get state help that it’s not even funny. Click on this link, then scroll down the list and decide for yourself which of these grants are neither worthy nor essential uses of state funds. I beg you to do this. Then come back and give us your favorite blatant examples of ‘incumbency protection’. And don’t blame the Joint Finance Committee. This is the annual Mutually-Assured Reelection Bill. It’s basically the committee members’ jobs to keep their caucus members happy.
As we know, happiness is in the eye of the beholder. The less happy the lobbyists are, the happier I am. I expect to be a sad man by early Friday morning.