General Assembly Post-Game Wrap-Up/Pre-Game Show: Weds., June 13, 2018

Strap yourselves in. We’re goin’ for a ride.  It was a very busy legislative day on Tuesday. Here’s the Session Activity Report. The highlights?:

*Legislation providing 12 weeks of family leave for full-time state employees passed the House on largely a party line vote, with all D’s voting yes,  and three R’s, Hensley, Miro and Spiegelman, joining them.  Mike Ramone voted no. Can someone please explain to me how this guy has avoided a D challenge so far this cycle? With Cloutier and Lopez on board as Senate sponsors, it looks like the bill will pass.

*Greg Lavelle’s nothingburger of a bill purportedly enabling those convicted of misdemeanor marijuana possession to have their records expunged unanimously passed the Senate. The bill as amended is so tightly-drawn as to apply to virtually nobody.

*Legislation restoring the Delaware Prescription Drug Payment Assistance Program unanimously passed the Senate, reversing one of the most ill-advised budgetary decisions from last year. 

*Rep. Bentz has done it again. His HS 1/HB 346,  which provides some student loan relief for teachers serving high-needs students, passed the House with only one no vote. For once, the ‘no’ vote was not from Rich Collins, but from Ruth Briggs King. Sad.

*The Budget Bill was introduced and Laid On The Table in the Senate. If you’ve got the time, head on over to the Epilogue Language to see what kind of sneaky stuff is in there.

*Legislation providing one-time bonuses to state employees and retirees was introduced and Laid On The Table in the Senate. As a retiree, I’m certainly happy to have the extra $400, but was this really the best way to spend $49 mill?

*Looks like they’re gonna try to rush through this first leg of a Constitutional Amendment before June 30.  And it smells. It would purportedly ‘smooth’ the budgetary process, but it makes me wonder whether this is just another thinly-veiled attempt by the Chamber and its, wait for it, ilk, to straitjacket government spending, even when it’s needed. The very fact that this bill has been introduced on June 12 amidst phony urgency on the part of the usual suspects suggests that the bill shouldn’t be considered until all of its ramifications can be explored. In other words, next year.

Another marathon committee day awaits. We’ll start with the House committees today. Here’s what piques my interest:

*HB 421 (Lynn)  ‘changes when the interception of certain communications is lawful. Currently, if one party to the communication gives consent to the interception, such interception is lawful. This bill requires that both parties to the communication give prior consent before the interception is lawful. ‘ Big thumbs up from me. Judiciary.

*HB 442 (Heffernan)  ‘expands the Juvenile Civil Citation Program to provide law enforcement officers with the discretion to refer any first-time juvenile offender engaged in any misdemeanor-level behavior to the civil citation program, where the juvenile can be required to participate in counseling, treatment, community service, or any other appropriate intervention. A juvenile who successfully completes the requirements of the civil citation program will not have an arrest or prosecution indicated on their record’. Another thumbs up. Judiciary.

*HB 425 (Bennett)  eliminates the ‘gag clause’ that prohibits pharmacists from providing information to consumers that may not benefit contracted pharmacy benefits management. Business Lapdog Committee.

*The aforementioned ‘smooth’ budgeting constitutional amendment will be considered in the House Administration Committee. Seeing as how both Speaker Pete and PAL Longhurst are sponsors, you can bet that it’ll be released from committee.

We start our review of the Senate committee highlights with a real doozy:

*Remember the question I raised yesterday concerning the unfunded mandate requiring schools to become impenetrable fortresses? Well, gun range owner/2nd Amendment absolutist/Sen. Dave Lawson has your answer right here. A, wait for it, $65 million fund to pay for this mandate. I just scrolled through the Budget Bill and the Epilogue language, and I don’t see funding for this. I mean, $65 mill b/c sanity hasn’t prevailed in the General Assembly for gun control? If any of you in the know are aware that this has been funded, please let me know. This is nuts. As is the mandate. Education.

*I like SB 225 (Hansen), which establishes measures to ‘encourage(s) prescribers and patients to use proven non-opioid methods of treating back pain.  Specifically the bill:

1. Prohibits numerical limits on physical therapy and chiropractic care, which might deter prescribers or patients from using those treatments rather than opioids. 2. Adds continuing education requirements for prescribers relating to risks of opioids and alternatives to opioids. 3. Creates a pilot program within the state employee health care plan that allows the use of massage therapy, acupuncture, and yoga for the treatment of back pain.

Banking, Business & Insurance Committee.

*Among the nominations to be considered by the Senate Executive Committee is that of Claire Dematteis to the Board of Trustees of the University of Delaware. Here is the reason why the previous nominee had to withdraw. Hey, he was qualified. He was a Biden fundraiser.

One bill of note on today’s Senate Agenda is SB 227 (Townsend), which:

promotes the use of primary care by doing the following: 1. Creating a Primary Care Reform Collaborative under the Delaware Health Care Commission. 2. Requiring all health insurance providers to participate in the Delaware Health Care Claims Database. 3. Requiring individual, group, and State employee insurance plans to reimburse primary care physicians, certified nurse practitioners, physician assistants, and other front-line practitioners for chronic care management and primary care at no less than the physician Medicare rate for the next 3 years. Despite the demonstrated value of primary care, access to primary care for Delawareans has become increasingly difficult because insurance reimbursement rates fail to support an adequate infrastructure. The national average for primary care spending for an insurance plan is between 6% and 8% of the insurer’s total medical expenditures. Studies recommend, and some states are actively implementing, a 12% to 15% spending rate to have an effective system.

We’re now entering that dangerous time of session when bills of dubious merit can be introduced, considered under suspension of rules and hustled to the Governor’s desk in a matter of a day or two. Keep your antennae up.