General Assembly Post-Game Wrap-Up/Pre-Game Show-Wed., May 5, 2010

Allow me to be the first to extend my congratulations to Monsignor Lavelle and Rep. Kovach. Yesterday, they earned the distinction of  being the only ones opposing legislation to enable victims of abuse by healthcare providers (Read: Br. Bradley) to file civil suits any time after the incident(s) occurred. Dave Wilson and Dan Short went ‘not voting’. At least Lavelle is being consistent as he would extend to pediatricians the same consideration as he wanted for pedophile priests. Kovach, Wilson, D. Short? Smart opponents will make sure that voters get the facts on this.

As predicted, HB 380 (Rep. Bennett) sailed through the House unanimously and goes to the Senate. As much as I support the concept, I do worry that the Law of Unintended Consequences might allow some less than scrupulous entrepreneurs to game the system. So, don’t be surprised if, a couple of years from now, this bill needs to be revisited to close some loopholes. Still, on balance, I think it’s a good proactive attempt to stimulate business growth and jobs creation.

To say that there were some mighty interesting, and in some cases, head-scratching, bills introduced yesterday would be an understatement. Here are just a few that deserve serious public scrutiny:

HB 389(Viola)-Would create ‘high-end’ gaming parlors without slots machines. Licenses would be granted to ‘private clubs’ of fewer than 5000 members. In a perverse way, it makes sense. It would attract only the highest caliber of degenerate gambler to Delaware. And, at least they’ll already be here when the Court of Chancery begins bankruptcy proceedings on their former companies that went under due to gambling debts. Call it a ‘win-win’.

HB 390(B. Short)-Ostensibly designed to provide ‘regulatory flexibility’ to small businesses, this bill appears to really tie the state’s hands in having any regulatory control over small business. According to the bill’s synopsis:

The goal of regulatory flexibility is to foster a climate for entrepreneurial success so that small businesses will continue to create jobs, produce innovative new products and services, bring more Americans into the economic mainstream, and broaden the tax base. In 2002, the Office of Advocacy presented state model legislation, patterned after the federal Regulatory Flexibility Act, to improve the state regulatory climate for small business.

I may be wrong, but it appears that this federal Regulatory Flexibility Act was enacted at the beginning of the Bush Administration. How has that ‘regulatory flexibility’ worked out so far?

SB 238(Booth)-A classic example of the kind of bill that legislators love to pass. It increases the maximum penalty for vehicular homicide in the second degree from three to eight years, and vehicular homicide in the first degree from five to twenty-five years. Why? The bill doesn’t say. But it enables legislators (in this case, Booth and, that man again, Lavelle) to say they are tough on crime. Unless of course, the crime involves pedophile pediatricians or priests.

SB 239(DeLuca)-Hmmm, first question I’ve got on this one is who is pushing for it? While, on the surface, it deals with trusts and fiduciary responsibility, it sure seems to lean heavily on behalf of those who have perhaps not carried out their fiduciary responsibility–responsibly. How else do you explain this ‘clarification’ of the term ‘willful misconduct’?:

“The term ‘willful misconduct’ shall mean intentional wrongdoing, not mere negligence, gross negligence or recklessness.”

Kinda makes you wonder just who this bill is designed to protect, doesn’t it? You often see these kinds of bills near the end of session. The heavy hitters know full well that the last thing legislators want to think about as the sessions get longer is a bill full of legalistic gobbledygook. Unfortunately, as opposed to not running them, the Honorables usually allow them to skate through, often on the say-so of people like David Swayze.

SB  243(Peterson)-‘Creates dram shop liability under the limited circumstances of when a bar or restaurant, intentionally or recklessly sells alcohol to an intoxicated person for on premises consumption, and that person later injures or kills an innocent party.’ Delaware courts have held that, without such a specific statutory action, those who recklessly sell alcohol are not liable.

Here’s yesterday’s entire Session Activity report.

Both the House (rare for a Wednesday) and Senate have posted agendas for today. With one exception, these are leftovers from yesterday. As usual on Wednesdays, most of the action is in committee meetings.

Highlights from Senate Committee Meeting notices:

1. First, a lowlight. The Senate Children and Youth Committee is meeting, but has no posted agenda. Et tu, Sen. McDowell?

2. HB 185(B. Short)-Places limitations on, and requires candidate disclosure for, ‘robo-calls’, aka those automated political calls. In the Senate Administrative Services/Elections Committee today.

3.  SB 235(Bushweller)-Creates a Prescription Monitoring Act to identify those who may be accessing controlled substances for illegitimate use. Takes advantage of new advances in electronic record-keeping. The bill is in the Senate Finance Committee, and I don’t know why it’s there since the bill does not require a fiscal note.

As always, surf the lists yourselves, and let us know what we’ve missed.

Highlights from House Committee Meeting notices:

1. HB 389-Rep. Viola isn’t letting any grass grow with his High Rollers’ bill. I thought that the House Rules required more notice than this, and that, under those rules, this bill could not be considered until next week. Oh, well, in reality, the House and Senate can do anything under suspension of rules, so this comes as no surprise.

2. HB 367(D. Short)-Finally, a response to BC/BS perfidy and the IC’s incompetence. Wish I could muster up more enthusiasm for it. The General Assembly is woefully outgunned when it comes to battling these guys. And you can bet that David Swayze will be trundling his bought-and-paid-for butt all over Leg Hall today. In the business-friendly House Economic Development/Banking/Insurance/Commerce Committee, which makes me wonder if it’ll even get out.

3. SB 234(McBride)-David Swayze no doubt will seek a seat at this table as the House Environmental Resources Committee considers  universal recycling. Be on the lookout for killer amendments. Which brings us to today’s Teaching Opportunity. Yay! Kids, a killer amendment is an amendment designed to make a bill unpalatable to its supporters if the amendment successfully passes. It gives those who really don’t want to vote for a bill, but feel politically compelled to do so, plausible deniability, as they know full well that adding a killer amendment will, in effect, kill the bill.

Again, there are plenty of other bills being considered in committee today. Happy surfin’ and Cinco de Mayo!