General Assembly Post-Game Wrap-Up/Pre-Game Show: Tues., June 25, 2013
Gov. Markell has finally gotten his Hospital That No One Might Use. You may recall that, early in Markell’s first term, he replaced something like half the members of a public board appointed by the Governor to determine whether there was a need for any new medical facility. Markell had gotten the thumbs-down from this group for a proposed Middletown specialization facility, so he got rid of as many board members as possible. After forcing his proposal through the newly-reconstituted board, he received the resignation of the chair, citing Markell’s heavy-handed tactics. The Senate put the finishing touches on the legislation last Thursday. The result? Delaware will now permit, without public review:
“freestanding inpatient rehabilitation hospitals, which generally are capable of providing services to victims of stroke, spinal cord injuries, amputation or other traumas. No person shall be required to apply for or obtain a Certificate of Public Review for purposes of constructing, developing or establishing a freestanding inpatient rehabilitation hospital.”
My prediction: A fleeting amount of new jobs, higher costs for Delaware patients and residents. Jobs eventually go away, or never materialize. Which, come to think of it, sorta defines the Markell economic legacy. At the time, I considered Markell’s tactics regarding the hospital to be an outlier. Turns out, it’s his M. O.
While we’re on the subject of Jack Markell’s tactics, when it comes to state employees, he needs an intervention. Which the House D’s, who have bottled up legislation giving state employees a voice on the…State Employees’ Benefits Committee, seem prepared to offer him. Rather than let SB 21, which would give state employees two seats on the committee, come to a vote, the House has announced a ‘compromise’. Rather than just pass the bill, which I have no doubt would pass, or even let it out of committee, well, let’s let mealy-mouthed Valerie Longhurst spell out the ‘compromise’. Direct from a House of Reps press release:
House Majority Leader Rep. Valerie Longhurst, who chairs the Administration Committee, and Senate Bill 21 sponsor Rep. Larry Mitchell worked with union officials last week to reach a general compromise on the measure and will iron out details of an amendment during the legislative break.
“We know that the unions really want this bill to move forward, but we know there is opposition from the administration too,” said Rep. Longhurst, D-Bear. “There also is a good amount of support within our own caucus for the bill, so I have committed to Rep. Mitchell and the unions that we will work out an agreement during the break and come back in January, get the bill released from committee and put it on the floor for a full House vote.”
Allow moi to translate: “We’re gonna stick with the Governor’s anti-employee approach until we totally have to cave to our members.” I mean, what kind of ‘compromise’ is Governor Walker Markell willing to accept in January that he couldn’t accept today? One member instead of two? He’s already got the votes to outvote state employees on the committee if it comes to that. He simply doesn’t even want them to have a seat at the table. And he’s got Schwartzkopf and Longhurst running interference for him. Even though they’re supposed to lead a caucus that wants this bill. Bleeping amateurs. But I digress. Back to what happened on Thursday.
The Secret Law Enforcement Slush Fund received Senate support Thursday, with the exemption from FOIA for the advisory committee remaining unchallenged. Why?
Legislation permitting racinos to cut the number of racing days unanimously passed the House. You see a theme here? We do all this stuff at the request of the racinos, but it’s never enough, according to them.
Rep. Keeley finally passed her oft-revised bail reform bill. The vote was unanimous, increasing the likelihood of Senate passage by June 30.
Finally, the House passed SS1/SB 33(Ennis), which affords protections to manufactured home residents from unreasonable rent increases. The bill did have a substantive amendment added to it, so it goes back to the Senate for final consideration.
You will not see a more ‘loaded’ Senate Agenda all year than today’s agenda. Per Senate protocol, SS1/SB 33(Ennis) and SB 73(Hall Long) both returned from the House with House amendments, and will be considered first. While some purists, well, one actually, has complained about the weakening of SS1/SB33, the bill is gonna pass, and it will provide genuine protection for manufactured homes residents. Complain only if you’d rather not see SS1/SB33 passed at all. The amendment on the hypodermic needles bill corrected an inadvertent error, and is not substantive. Good legislating here.
SB 140(Venables), which would provide further regulation to facilities that conduct abortions, is next. A ‘stating the obvious’ amendment from Pope Pompous was defeated. IMHO, only because senators can’t stand the Pope’s pomposity. Which brings up a point: I know that legislators are supposed to consider everything that comes before them on merit. However, certain legislators consistently get under the skin of other legislators. As such, anything other than the most innocuous proposals from them undergoes more scrutiny than identical legislation would from someone else. May not be fair, but it’s human nature, and legislators who consistently get knocked down might want to examine their approach, as opposed to the substance, of their favored proposals. Those who proudly and loudly proclaim their unique purity and integrity generally earn isolation rather than influence.
Next we have a little something known as HB 165(Jaques). We all know what it does. Tilts the educational playing field (and funds that go along with it) towards charter schools, as if this were some sort of game. Which it is to Jack Markell: Race To The Top, Win Money. The question is whether attempts by Sen. Bryan Townsend to improve this bill via amendment will succeed. I have my doubts, but I like the odds in the Senate better than they were in the House.
All this followed by: The first leg of a constitutional amendment to modernize Delaware’s bail provisions; legislation making clear that the Public Advocate should, you know, advocate for the public; legislation enabling the state to go after polluters who refused to clean up their own mess; a bill setting up a Delaware shellfish aquaculture industry; and legislation designed to keep deadly weapons out of the hands of dangerously disturbed people. And those only represent the bills that most intrigue me from the 27-bill agenda.
I highly doubt that the Senate will work the entire agenda, as it’s possible that this will be the final agenda of the year for the Senate. They may move onto multiple agendas and, ultimately the feared ‘must-lists’ that accompany the end of session. I hope that the ‘must-lists’ (bills that the other house wishes to have considered) are kept to a minimum this year as this is the first year of the 147th General Assembly. Bills not worked by the end of this session are still alive, and can be considered when the General Assembly reconvenes in January.
The House considers legislation to bring the state into compliance with Obamacare or, more accurately, the Patient Protection and Affordable Care Act. Note to somebody: The amendment ‘placed with the bill’ comes up as an amendment for a different bill. You’re welcome.
Here is the entire House Agenda. Other interesting bills:
John Atkins’ flagpole bill returns, having been circumcised, circumscribed by the Senate. Like the sponsor, the bill could use a judicious snip here or there.
Failure to wear a seatbelt would be an ‘independent civil violation’ if HB 193(Mitchell) passes.
That’s about it on the House side.
Only one committee meeting of note today, as the House Sunset Committee will consider legislation sent over from the Senate. SB 104(Poore) subjects the Public Advocate to financial disclosure requirements. Coupled with SB 124(Poore), the Joint Sunset Committee has done some quality work in reviewing the Office of the Public Advocate.
All this and more will be discussed on today’s Al Mascitti Show. 10am to 12 noon at WDEL 1150 AM or here.
Gotta go b/c I’ve gotta prep.
Tags: Delaware state employees, El Somnambulo, Featured, Gov. Jack Markell, Pete Schwartzkopf, Steve Tanzer Delaware, Valerie Longhurst
What intrigues me about the passage of the Secret Law Enforcement Slush Fund is that it got plenty of GOP support. The same GOP that periodically rouses itself to whine to the NJ that their initiatives to increase government transparency (while they they don’t vote for the ones already on offer), specifically voted to make sure that this slush fund was sheltered from any sunshine. Hypocrites.
Hey, lots of Rethugs in law enforcement, including a newly-retired state cop who is now in the General Assembly.
People say that the term ‘slush fund’ is pejorative. To me, it’s the proper description of this.
There’s more slush in the General Assembly this year than we have on the streets after a heavy rain in 35-degree weather in January.
For anyone wishing to hear the senate discussion of HB 165 via live audio, they will probably get to it soon; they are on the prior bill, 140 (#3 on the agenda). HB 165 is #4.
Also, Mike Mathews tweets: “Sen. @BryanTownsendDE’s amendments are now STANDALONE BILLS that will be heard following #hb165 vote”
Well, now in recesss…
heh, I guess Dave Sokola got his way after all. NO AMENDMENTS FOR HB 165 dammnit~!
I wonder how long they’ll argue these four new bills in caucus before going back to the floor.
With Lavelle on board with Townsend’s fiscal accountability slant, the DEMs won’t have as solid a position as they had with the House where not a single GOPer strayed off message: charters should get what ever they ask for in Delaware.
I’ve been watching the 165 melodrama play out, but haven’t followed it blow by blow, so not sure where individual Senate players lean.
Seems to me, however, that separate bills means:
1. 165 passes, making Jack happy.
2. Senate passes (some of) the amendments as separate bills, making Bryan look good for a day or two.
3. House ignores anything the Senate passes. Game, set and match to Governor Ping-Pong.
ugh, I forgot that the House can simply ignore the new, if any, of Townsend’s once-were-amendments that the Senate may pass between now and midnight last day of June.
Cripes. We are getting played…..
Townsend got SB 147 off the table.
The few, the brave: Senators who voted against HB 165
McDowell
Peterson
Townsend
Venables
correct me if I got that wrong…
Now on to Townsend’s erstwhile amendments, presented now as bills separate from HB 165.
If Sen. Townsend’s bill(s) pass, they can show up on a Senate Must List this week.
Also, keep in mind that this is the first year of a two-year legislative term. Legislation does not turn into a pumpkin on July 1, it’s still active through NEXT year’s session.
I am a bit more encouraged to see how the debate is going. If there could be a change in the House leadership in the meantime! Lavelle invited Sec. Murphy to speak on 147 asked if it was supported by the admin. Answer was yes. That is important to how the House may react.
I enjoyed Sen. Venables’s baseball analogy re: charter schools culling the fittest players and thus stacking competition neatly in their favor. Well said; also his comment about the legislature “seeking failure” of public education by passing H.B. 165.
Correction: I’m told the baseball analogy comment from the floor was made by Sen. McDowell, in case anyone cares (hard to tell via the audio feed!)
I agree, the audio sucks, in large part because no one’s talking into their microphones. I listened to part of the House session last night, and large chunks were incomprehensible because of the mumbling and standing away from the mikes. Even Pete, who has a loud voice, was hard to hear. The House staffer whose job it is to read bill titles seriously needs to try another line of work, or take some voice coaching in not muttering and modulating his tone.
I also wondered how much time could be saved by moving from voice votes to a buzzer system. Put a keypad at each desk, display the votes on large flatscreens on the floor and in the galleries, and announce the total out loud. Anyone listening online would be able to look up the vote instantly as well. Would save a few minutes per bill and amendment, which would add up.
And can anyone tell me why people making a full-time salary for part-time work are incapable of starting the session before 5:30 pm?
I can answer the last one. All kinds of stuff to discuss in caucus, including the Budget Bill. You’ve also got negotiations going back and forth between the Senate and the Governor. Plus, everyone knows they’re gonna work late. This generally only happens in the last week of session. Get used to it.
So … Because that’s the way they’ve always done it? What crap.
Start the day earlier. Like 9 am instead of after noon.
There are two other days of the week that caucuses and negotiations could be conducted.
No, you miss the point. They don’t spend most of the session negotiating with the Senate and/or the Governor. They also don’t have such heavy agendas earlier.
But, in the last week, you do. Just yesterday, for example, you saw such a negotiation over SB 147. It’s entirely possible that the Senate and the Governor were working to ensure that SB 147 would be considered in the House before June 30. Plus, you can bet that several reps had questions about the Budget Bill.
You’re also dealing with caucus members fighting to have their bills heard.
This ‘rubber meets the road’ stuff invariably happens during the last week.
Many members of the General Assembly work, so it’s not practical to schedule session for 9 am. Besides, who cares if they’re done by 5:30 instead of just going in at 5:30?
I don’t.
“We do all this stuff at the request of the racinos, but it’s never enough, according to them.”
Its just rearranging the deck chairs on the failing business model known as H.M.S. Racinos. Owners just want to make sure their bank accounts are full before the ship goes down.
Will they be in session on Sunday?
“Owners just want to make sure their bank accounts are full before the ship goes down.”
Have you seen the revenue figures? They still bring in hundreds of millions of dollars a year; any half-bright business owner can figure out how to trim costs to turn a profit. The ship isn’t going anywhere. The owners (in Dover Downs’ case, managers) might have more to worry about, but those slot machines and the racinos they sit in will exist until we vote to ban gambling.
Yes, the General Assembly will be in session on Sunday. They HAVE to be in session at midnight June 30/July 1. At which point, they go into Special Session. Why? Because, if they didn’t do that, they couldn’t call themselves back in to handle matters on their own. They would be subject only to the call of the Governor.
Generally, they go in around 5 pm or so, break for dinner, reconvene around 8 or 9, and work bills until they’re done. There’ll be a caucus or two in there as well. It’s the first year of a two-year General Assembly, so, unless something breaks down, and it doesn’t look like it will, I’d look for adjournment around 1:30 or so on Monday morning.
Sent emails to state rep and senator as I’d like to know what the “Special” Law Enforcment Assistance Fund is and why exactly it’s needed. Are we not already funding law enforcement inclusive of who knows how many Task Forces. Is there a fiscal note attached to this and where is the $ coming from and why the secrecy?
Good questions, Kathy. I can only answer the question about the fiscal note. It is not required, as this slush fund is already in existence. As to your other questions, I can only quote myself from last week:
“I don’t like SB 72(Ennis), which expands the “purpose of the Special Law Enforcement Assistance Fund so that law-enforcement agencies can obtain and devote resources to enhance the suppression, investigation and prosecution of criminal activity, promote officer safety, facilitate the training of law enforcement personnel, further public education and community awareness and improve victim services.” The bill also creates an advisory board to make recommendations that would be exempt from FOIA. So, what you have here is a special slush fund under the joint control of the AG, the Governor, and the General Assembly, with the group making recommendations on who should get the money being exempt from FOIA. One of the worst bills of the session. Will any legislator dare to challenge this?”
Getting my Paranoid on, here. Since drones are the latest law enforcement must-have, I’m hoping that they aren’t going to use this slush fund to buy them and get them operational before we can know it.
Warning cass—you will never know if you are hit by a drone 🙂 Get your paranoid on!