General Assembly Post-Game Wrap-Up/Pre-Game Show: Weds., March 27, 2024

Today’s Big Story is:  We gotta whole lot of great bills scheduled for committee hearings today!  Yes, worthy of that explanation point.  One of the best groups of bills in committee that I can recall.

However,  you’re gonna have to wait until we wrap up yesterday’s session.  Other than the mysterious Rethug opposition to bringing back the javelin (perhaps Mediawatch is correct–they see the javelin as the new AR-15 for the street gangs;  I mean, I always cross the street when someone carrying a javelin approaches me…), the only other roll call of note was on HB 299 (Romer), which ‘explicitly adds “public libraries” to the definition of “place of public accommodation” for purposes of Delaware’s Equal Accommodations Law’.  For reasons they will likely not explain, Rethug Reps Collins, Dukes,  Jones-Giltner, Morris, and Postles voted no.

Here is yesterday’s Session Activity Report.

You’ve waited long enough.  We’re starting with today’s Senate Committee meeting highlights because I am now convinced that the current State Senate is the most productive and progressive legislative body we’ve ever seen in Dover:

SB 13 (McBride).  Only thing I don’t love about this bill is its number.  Otherwise, this is one of the most progressive (and clever) legislative initiatives I can recall.  Why two Governors tried to do this and failed, and why one Governor didn’t even bother to try, is beyond me.  Well, I know why the one Governor didn’t bother to try.  This bill leverages a fee levied on healthcare facilities into accessing about $100 mill in Federal Medicaid dollars, and then makes the healthcare facilities whole again.  Call it legislative three-card monte, but it works.  I’m in awe.  Health & Social Services.

SB’s 215 & 216 (Mantzavinos).  I don’t know what has motivated Spiros to take up this cause, I hope his family didn’t have a tragic experience, but he deserves all the credit in the world for doing this.  We learned under the auspices of John Carney that the policy of malign regulatory neglect doesn’t work for long-term care residents, many of who have died prematurely, especially during COVID.  SB 215 ‘requires the Department of Health and Social Services to inspect long-term care facilities on an annual basis’.   It has a Fiscal Note of around $800 K a year, which illustrates why some Fiscal Notes are bullshit.  Effective regulation of long-term care facilities would reduce health care costs by many multiples of $800K.

Which brings me to SB 216, which ‘increases the civil penalties for violations of the statutes in Title 16, Chapter 11 related to Long Term Care Facilities and the regulations adopted pursuant to it. For violations that the Department determines pose a serious threat to the health and safety of a resident, the minimum penalty in Section 1109 of Title 16 is increased from $1,000 per violation to $2,000, and the maximum penalty is increased from $10,000 to $20,000 per violation. Each day of a continuing violation constitutes a separate violation’.  You will note that there is no Fiscal Note attached to SB 216, which illustrates the fallacy of how fiscal notes are used.  This bill will clearly generate revenue, SB 215 will clearly reduce health care costs, yet opponents will seize on the $800K price tag, which they will try to use to weaken these bills.  Health & Social Services.

Sen. Russ Huxtable’s portfolio of bills to increase availability of affordable housing in Delaware will be considered today.  Please click on each of the bills, then envision how they fit together.  I can’t overstate how fortunate we are to have someone with Russ’ expertise and conscience in the Delaware General Assembly.  Housing & Land Use.

SB 230 (Hoffner) ‘clarifies that elected officials may not be prevented from engaging in constituent relations and that candidates for public office or staff or volunteers may not be prevented from engaging in election-related or similar activities in residential communities’.  Hmmm, interesting, I wonder what the impetus was for this bill.  I doubt that it’s just to address a hypothetical situation.  Anyone care to fill us in? Elections & Government Affairs.

Today’s House Committee Highlights:

HB 346 (Neal) ‘provide(s) the same legal protections afforded providers of contraceptive and abortion services to providers of gender-affirming health care‘.  Health & Human Development.

OK, kids, sidle up to your screens and check out the first four items on today’s Judiciary Committee meeting agenda.  These are all from the Corporate Law section of the Delaware Bar, and are designed to continue to protect the secrecy of the LLC’s and related companies who are registered here and, of course, the people behind these entities.  This happens every year.  We now have a few more attorneys in the General Assembly who might know what are in these bills, but hardly anybody is inclined to ask questions about the Geese who lay the golden eggs.  As long as the golden eggs keep Delaware in the black.

HB 318 (Baumbach) ‘increases the exemption in bankruptcy and other debt proceedings for a debtor’s personal residence from $125,000 to $200,000; increases the exemption for tools of the trade and for a vehicle to $25,000 from $15,000. This Act also exempts worker’s compensation awards under the laws of other states from attachment in bankruptcy or other proceedings in the same manner that a worker’s compensation award made under Delaware law is exempt’.  Good bill.  Judiciary.

HS2/HB 55 (Philips) ‘is the Bill of Rights for Individuals Experiencing Homelessness to ensure that all individuals, regardless of housing status, have equal opportunity to live in decent, safe, sanitary, and healthful accommodations and enjoy equality of opportunities’.  Great bill.  Judiciary.

HS1/HB 350 (Longhurst) ‘creates the Diamond State Hospital Cost Review Board, which will be responsible for review and approval of annual hospital budgets beginning with budgets for calendar year 2026. Hospital budgets established under this process are required to adhere as closely to the spending benchmark as is reasonable given the hospital’s financial position and associated economic factors, promote efficient and economic operations of the hospital, and maintain the hospital’s ability to meet its financial obligations.’  Interesting. Only two sponsors.  ER’s aside, there could be blood on the floor with this bill. Administration.

Here’s today’s Senate Agenda.  We’ve discussed both these bills before.  I’d vote for ’em.

Too bad I don”t get paid by the word.  Except I do:

1020 times zero=0.