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.