General Assembly Post-Game Wrap-Up/Pre-Game Show: Weds., May 16, 2012

Filed in National by on May 16, 2012

If today’s column was science fiction, it’d be called “Invasion of the Home Invasion Bills”. Oh, no! There are two of them, accosting every legislator in their path! Cut to the finish: Turns out both bills are harmless and toothless, so no Solomoronic solons were injured in the creation of this legislative fever dream.

Both bills soon to be available to you at no cost in the guise of political brochures.

SB 161 and HB 277 both passed the Senate yesterday. Since a Senate amendment was added to HB 277, both bills head to the House. Both bills create the ‘new crime’ of home invasion. Both bills are merely political window dressing, as there are already about 150 offenses that would put home invaders away for a long, long time. Did I mention that this is an election year? I just did, which explains the only raison d’etre for both bills. Enjoy this faux drama for what it really is: Farce.

Speaking of which (Memo to would-be legislative chroniclers: ‘Farce’ is always an easy and reliable segue to link news items together), Rep. Lumpy Carson gets his crane clear shot at making it to Happy Hour on time. The House passed his left-lane-for-speeders-only legislation, and passed it unanimously. Even law-abiding legislator John Atkins, who might have been sensitive to the irony of this bill as it pertained to him, voted yes.

In yet another content-free protest, all the House R’s, as well as, wait for it, John Atkins, either voted no or went ‘not voting’ on legislation merely reflecting the Federal requirement that Delaware change the manner in which it bills for school-based health center services, by requiring that private insurers be billed before Medicaid is billed. This legislation establishes the framework for doing such billing. Even R co-sponsors Deborah Hudson, Joseph Miro, Mike Ramone and Nick Manolakos went ‘not voting’. Just like with home invasions, the Rethugs think that they have a political issue to exploit, and John Sigler is calling and firing the shots. Just like home invasions, this farce is substance-free. Pathetic, but what are ya gonna do?

Here is yesterday’s full Session Activity Report. More like this one we don’t need.

Today is Committee Day, and you can help!

After all, if the Rethugs can do it, so can I: ACTION ALERT! Make sure that payday loan reform makes it out of Senate committee today!

HB 289(Keeley), which would limit the number of annual payday loans, and would provide for data collection to determine the impact of predatory payday loans, is scheduled for consideration in today’s Senate Banking Committee meeting. With powerful lobbyists trying to gut the bill and the Governor not lifting a finger to help, it’s up to the people to demand protections from this usurious industry.  Call your senators and politely push for this bill to get out of committee.  The bill has the votes to pass, but it has to get out of committee. If you can help, please do so.

Here is today’s Senate Committee schedule, followed by what strikes my interest:

Remember what I wrote yesterday about taking heed of highly-complicated bills introduced near the end of session? SB 218(DeLuca) appears to qualify. Can some barrister please try to explain this to laypersons like myself? Senate Banking Committee.

SB 215(Bunting) requires that Delaware public schools “provide a minimum of 150 minutes of moderate to vigorous physical activity weekly for all K-5 students.” Senate Education Committee.

Several nominations to be considered by the Senate Executive Committee. The committee will also consider both HB 300(Gilligan) and HB 310(Longhurst), the so-called campaign finance reform package. I think that HB 300 is a necessary antidote to the insane Citizens United ruling, but I think HB 310 is a bit of political overkill which will likely only impact ‘nuisance’ candidacies. Which, of course, begs the question, who defines what constitutes a nuisance candidacy? If you answer ‘legislators who have what they consider nuisance challengers are those determining what constitutes a nuisance challenge’, you’ve been reading my stuff for awhile now.

The Senate Finance Committee will consider SB 11(Hall-Long), which would ‘provide urgent and preventive dental care for eligible Medicaid recipients who are pregnant or become pregnant while receiving assistance.’ Did I mention that the bill number was SB 11? And that it was introduced in January of 2011? Kids, what this means is that neither the Governor nor the Joint Finance Committee felt that this urgent care was all that urgent in 2011. Presumably, they’ve scared up enough bucks to do something about it this year. About $650K a year in state and federal funding. Better late than never, I suppose.

SB 220(Blevins) appears to be a bill that actually protects life insurance policyholders. I’m guessing that this bill came from Beau Biden as opposed to Karen Weldin Stewart. The fact that the bill’s in the Senate Judiciary Committee instead of the Insurance Committee supports my theory. Anyone know for sure?

The House committees are at least equally busy today.

HB 335(B. Short) grants to our feckless Insurance Commission regulatory oversight over a a new line known as portable electronics sales insurance. Why this wouldn’t be included in one’s homeowner’s or renter’s policy, I don’t know. but I know that regulatory oversight is only as good as the regulator charged with the oversight. In the House Business Lapdog Committee.

HB 333(Viola) legalizes internet gaming in Delaware. Man, talking about wringing yet more revenue from compulsive degenerate gamblers, our state is fast becoming a nationwide leader. If just for this bill alone, I would love to see who is lobbying on behalf of whom. I’m pretty sure that every greedy lobbyist has some skin in this rigged game. In tomorrow’s House Gaming and Parimutuels Committee. Tomorrow because an ‘expert’ witness can’t make it today. Will someone please tell me why the bill number isn’t 777? Or, more appropriately, 666?

Remember what I wrote about complicated bills introduced late in session? You should, it’s only been a few paragraphs now. Perhaps Exhibit A every year is a package of bills prepared by the Corporate Law Section of the Delaware Bar. Supporters always tout this package as enabling Delaware to maintain its preeminent position as a corporate center due to the sterling reputation of the quality of jurisprudence emanating from the Court of Chancery. Would it be sacrilegious of me to ask whether this annual package also helps to tilt the playing field in favor of the entities incorporated here to the possible detriment of, oh I don’t know, the shareholders and/or the general public? Just a question, one which will likely not be posed at today’s House Judiciary Committee, where HB’s 340, 339, 342, and 338 will be considered, rubber-stamped, and prepped for quick House passage.

Rep. Daryl Scott has taken on the task of trying to ensure certain rights of privacy when it comes to social networking, and good for him. HB 308 would “make it unlawful for employers to mandate that an employee or applicant disclose password or account information that would grant the employer access to the employee’s or applicant’s social networking profile or account. This Bill also prohibits employers from requesting that employees or applicants log onto their respective social networking site profiles or account to provide the employer direct access.” In today’s House Telecommunication Internet & Technology Committee.

The Senate has a fairly lengthy agenda today, and may well work at least a portion of it. Although it’s mostly comprised of bills that have already passed the House, it also includes Sen. Sorenson’s bill relating to teen dating and sexual violence.

Gotta go. My deadline is 9:30, and it’s almost 9:30. Mustn’t give up my place in line…

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  1. Jason330 says:

    1) The internet gambling bill is interesting. I had heard that the banished Poker sites are trying to get states to circumvent the idiotic UIGEA, but hadn’t seen any real evidence of that effort until now.

    On the other hand, if this is being pushed by our local race tracks, they might be trying to freeze out the larger poker sites. The end result of that could be the worst, most threadbare online poker sites EVAH!!

    Anyway, there is a real story here for some enterprising NJ reporter.

    2) Does anyone really think that John Atkins is capable of grasping irony as it pertains to John Atkins? I sure don’t.

  2. Debbie says:

    Just wanted to point out that Rep. Dan Short not only voted for HB 303, the School Based Health Center bill, but rose and spoke to explain why he was voting yes just before the roll call. He stated that this was about insurance billing and that hosptials have been operating these Centers at a loss for years and billing insurance will help make the Centers sustainable.

  3. Jason330 says:

    $5,000 to file..?!? For get what I said in the other thread about primarying Carper.

  4. PaulCalistro says:

    HB 289 cleared the Senate Banking Committee today in spite of extreme lobbying by Delaware’s Lobby Dream Team and National Lobbyists. The lobbyist will now fight to amend the bill in an effort to send it back to the House. Congratulations to all of you who have spoken out. One last major hurdle is to prevent an amendment to the bill. Keep the pressure on your Senator.

  5. puck says:

    Best line in Beatty primary article:

    “I’ve got a lot of support from friends,” he said. Most of them don’t even seem to mind his preference for wearing kilts, he said.

  6. cassandra_m says:

    Thanks for the update, Paul — any sense of the kind of amendments that are being readied for this?

    And for internet gambling — NJ has a couple of bills in progress to legalize internet betting AND sports betting. Am guessing the DE folks are doing this to stay competitive, whatever that means.

  7. PaulCalistro says:

    Newest argument data base provision should be amended to only include in state loans. Rationale: we should not care how many times out of state borrowers take loans. They say it will hurt Delaware based online Payday lenders and cost jobs in the industry. They argue less than 1 % of the online borrowers are from Delaware so we should not care about those out of state. If Delaware internet lenders must comply they might move their business off shore or to Sovereign Nations.

  8. Greg Wilson says:

    Shortly after the Senate Banking Committee reported out HB 289, Rep. Keeley’s payday regulation bill, the coalition of nonprofts working to pass the bill began to prepare for the senate floor fight. This is a rough sketch as to how the afternoon went today. The lobbyists for the payday lending industry argued the issue before the committee was personal choice, consumers groups and nonprofits argued the issue before the committee was modest regulation of predatory lending practices.

    When Dave Swayze argued HB 289 was an affront to the 1981 financial center development act, Ginny Marino testified YWCA Delaware counsels hundreds of clients trapped in debt from payday lending each year. After Carol Stewart from Advance America complained AA’s clients will have nowhere else to go if HB 289 passes into law, Rashmi Rangan from DCRAC responded with a tale of the dangers debt burdens impose on families.

    In response to online payday lenders talking about growing their payday lending businesses in Delaware, Lynne Betts, from the Catholic Church’s Society of St. Vincent de Paul, shared her counseling experiences with those mired in payday debt.

    Payday lenders argued payday loans prevent people from bouncing checks, that payday loans help their customers make ends meet. Which is the exact opposite of the truth. Payday lenders ignore the research that found payday customers are more likely to become delinquent on their credit card payments, pay other bills late, and delay medical care and prescription drug purchases. The payday lobby ignores the data that shows payday lending actually increases overdraft fees and many borrowers lose their bank accounts due to excessive overdrafts.

  9. Greg Wilson says:

    The payday lenders today said payday loans help their customers pay their bills and avoid bouncing checks, which is the exact opposite of what the research shows. Payday borrowers are more likely to become delinquent on their credit cards than people who don’t use payday loans. Households with access to payday loans are more likely to pay other bills late, delay medical care and prescription drug purchases. Use of payday lending actually increases overdraft fees and many borrowers lose their bank accounts due to excessive overdrafts.

    The nonprofits who worked together to pass this modest piece of legislation are preparing now for the floor fight in June.

  10. Aoine says:

    Guess what?? the Sussex Sheriff nuts have this article up in their RWNJ media

    Christopher said he suspects that Schwartzkopf has been one of the key figures behind the entire legislative process to strip the sheriff’s office of their constitutional power.

    “He wants to abolish the office of sheriff in Delaware. While he issued a statement saying he isn’t interested in getting rid of the sheriff the truth is he wants to neuter us so the office is under his authority rather than the people who elected us.”

    I thought Pete had retired from Law Enforcement – these crazies think Pete wants the Sheriff’s office under him??

    LOLOLOLOL

    http://www.wnd.com/2012/05/democrats-revive-bill-to-strip-sheriffs-of-power/

  11. Jason330 says:

    I think Sussex County is going to have to remove the word “sheriff” from the job title, or this will be a constant nuance. These lunatics simply don’t get that the meaning of words can change over time.

  12. Dave says:

    The county can’t remove the word because it’s stated in the constitution. The GA would have to eliminate the office or change the name.

    I personally would like the name to be changed to something more reflective of the duties and responsibilities. However, I also would like to eliminate it as a row office since I believe that the county council should have sole responsibility for running the county, along with the judiciary who is responsible for the courts. In fact, I am not sure why we have any of these row offices in the first place (Registrar of Wills?)

  13. Valentine says:

    It seems to me that the GA should define the terms of the office and then hopefully the DE Sup Court will rule the definition constitutional, and that will settle it. I don’t see why the word needs to be deleted.

    Sounds like they are planning to go after Pete.

  14. Greg Wilson says:

    Here’s WHYY’s report on payday lending bill HB 289.

    http://bit.ly/Lf6gZP