| Anti-Rescission Bill Will Have Tremendous Impact | August 8, 2010 |
NOTE: The following letter to the editor from Rep. Darryl Scott appeared in the August 8 edition of the Delaware State News.
We are a little over a month removed from the end of the legislative session, and as the dust settles, some bills that received a lot less attention deserve to be highlighted. One of those is House Bill 420, an anti-rescission bill that I authored to help protect residents from losing their insurance.
The bill provides consumer protections from insurance companies canceling their healthcare policy. Currently, when a person files a claim, an insurance company can revisit a person’s policy through post-claim underwriting and cancel the policy for something even unrelated to the claim. This practice is underhanded and leaves people out in the cold when they need their insurance the most.
The new consumer protection law eliminates this practice and prevents insurance companies from canceling policies through post-claim underwriting. I should also note that the bill does not apply in instances where the insured person knowingly misrepresents or omits information that affects how much risk the insurer is assuming.
With Governor Markell expected to sign this bill into law soon, I can’t stress enough how much of an impact this legislation will have in protecting consumers from losing their insurance. I am thankful that my colleagues in both chambers on both sides of the aisle agreed and passed this bill.
Sincerely,
Darryl M. Scott
State Representative
31st District
|
|
 |
|
| New Law Expands Delaware Craft Breweries' Selling Power | July 25, 2010 |
NOTE: The following article on Rep. Schwartzkopf's HB 447 appeared in the July 25 edition of the News Journal.
MILTON -- Philip Fedorka is a tourist who discovered a new off-centered ale that he likes -- Dogfish Head 60 Minute IPA.
And if he visits the craft brewery again in the fall, there's a chance he'll be able to purchase a glass with a meal.
Kristin Coughland, head tour guide at Dogfish Head, said new legislation signed by Gov. Jack Markell Saturday makes it possible to turn the tasting room into an eatery that sells brews made by the company. The addition of the eatery could happen before the year is out.
Previously, Delaware law limited craft breweries to giving out small samples. Selling glasses of the product at the point of manufacture was against state law, Coughland said.
"The change is a pretty big deal in terms of what it means for craft brewers," said Brett McCrea, one of the owners of 16 Mile Brewing Co. in Georgetown.
He spoke at a brief signing ceremony at Dogfish Head. The ceremony attracted local legislators such as House Majority Leader Peter Schwartzkopf, D-Rehoboth, the law's primary sponsor, who said the law is good for businesses hoping to do well in tough times.
"Beer and food go together and your options as a brewer expand, if you're now able to sell beer and pair food to go with it," said McCrea, who started his brewery in 2009 with partner Chad Campbell.
The new law puts craft breweries on an equal footing with local wineries which have long been permitted to sell glasses of wine made at a winery.
There's also a new spirit of cooperation between wineries and breweries, said Linda Parkowski, director of the Office of Tourism, who also spoke Saturday.
This winter, her office invited wineries and breweries to collaborate on a new Delaware Wine & Ale Trail, which was launched in May.
There's a website (www.visitdelaware.com/wineandale) to raise awareness about the one dozen businesses listed on the trail. The site includes a state map showing their location and information about tours. The hope is that this will increase visitation.
The group also plans to meet in six months to talk about signage, and an annual event to promote the trail, Parkowski said.
Lots of visitors to Dogfish Head were part of the bill signing. And Milton resident Courtney Mys said she is happy the law expands the options of the company.
She's a fan of the local ales and brought a friend -- Fedorka of Hagerstown, Md. -- to look behind the scenes to see how the brews are made. The end of their tour coincided with Markell signing the law.
"To me, this is good for Delaware and good for our community in Milton," Mys said. "What's made here is a high-quality product."
Contact Gary Soulsman at 324-2893 or gsoulsman@delawareonline.com.
|
|
|
|
| AARP Pleased with Support in Fiscal 2011 Budget | July 19, 2010 |
NOTE: The following appeared in the July 19 edition of the News Journal.
Recently, Delaware’s Legislature and Gov. Jack Markell passed the state budget. AARP is pleased to see that certain provisions were made and funding preserved for some key programs that benefit Delawareans 50 and up, and also their caregivers, family members and friends.
We applaud the governor and Legislature for including these provisions in the new state budget not only for their benefit to people 50 and up but for their inter-generational impact on the whole community.
Here are some highlights:
AARP Delaware will continue to follow issues that are important to you. AARP members and volunteers work side by side with AARP's Delaware State Office to make the voices of Delaware’s 50 and over population heard.
View our website to stay informed and sign up for our quarterly E-newsletter at www.aarp.org/de.
Kim Iapalucci is the associate state director for AARP Delaware.
|
|
|
|
| REPUBLICANS DISTORT FACTS ABOUT FISCAL 2011 BUDGET | July 11, 2010 |
NOTE: The following appeared as a letter to the editor in the July 11 News Journal.
After spending six months in the basement of Legislative Hall working with fellow senators and representatives, Democrats and Republicans, to put together a $3.3 billion budget, I can’t remain quiet about the misrepresentations House Republicans have spread about the proposed fiscal 2011 budget. Some of them are flat-out insulting.
Republicans point to a $214 million increase in the fiscal 2011 budget from this year’s budget, saying it’s a 6.5-percent increase. Let’s break down that $214 million:
A large chunk of the budget increase ($110 million) is due to federal stimulus dollars decreasing, which we knew was going to happen. Another big part was restoring the pay cut we imposed on our state workers last year, which was a cut none of us wanted to make in the first place. And another portion paid for growth in our Medicaid rolls, unit counts in our schools and prison health care, all things we have to fund.
If you factor out just the cost increases caused by loss of stimulus funds, you’re looking at about a 3-percent increase from last year, and a large part of that went toward the pay restoration and employee health reserves.
But the House Republicans didn’t stop there. They claimed that funding for public education dropped by $77 million. That $77 million is debt service that was moved under the state treasurer’s budget. There was no such decrease in public education funding. They said the same thing about higher education dropping by $12 million, but nearly $8 million of that again is debt service moved to the state treasurer’s budget. That is both disingenuous and misleading.
I know that politics is a messy business and sometimes you have different views on how to do things, but what the Republicans are doing is just downright misleading. Ignoring the facts to serve your own political purposes does not help anyone in this state, especially not when dealing with something as critical as our state budget.
Dennis P. Williams
Joint Finance Committee co-chair
State Representative
1st District
|
|
|
|
| CURBSIDE RECYCLING, HANDS-FREE CELL PHONE BILL AMONG LEGISLATIVE ACCOMPLISHMENTS | July 1, 2010 |
Legislation addressing Lewes pediatrician Earl Bradley also among bills passed this session
DOVER – Upon leaving Legislative Hall in the early morning hours of July 1, legislators wrapped up the 145th General Assembly, which is marked by passage of several pieces of landmark legislation, including open government initiatives, statewide curbside recycling, equal rights legislation, a restriction on handheld cell phones while driving and responding to the horrors created by a pedophile pediatrician.
All of these measures passed during a two-year General Assembly session in which the state addressed a record revenue shortfall that was nearly one-quarter of the state’s budget without resorting to layoffs, significant program cuts or reduction of state services.
“We just finished one of the most challenging, yet productive, legislative sessions during my time here,” said House Speaker Rep. Robert F. Gilligan, D-Sherwood Park. “From the moment I was elected speaker, I said that we would pass a real FOIA bill, and we did. We have opened up the General Assembly, its operations and its records to the public in a way that hasn’t been done in decades.
“I also said upon taking over the majority for the first time in 24 years that the House Democratic Caucus would not avoid the difficult issues facing our state. We made the difficult decisions to keep our state operating well with a responsible budget last year. We also addressed important social and governmental issues, such as equal rights, curbside recycling, eminent domain, the Delaware Student Testing Program and drivers using cell phones.”
In 2010, lawmakers tackled several big issues that will improve the quality of life for Delawareans throughout the state for decades. Two notable measures have been kicked around Legislative Hall for several years without winning passage, but gained momentum and cleared both chambers this year.
Beginning in September 2011, all residents living in single-family homes will have the option to have curbside recycling under legislation the General Assembly passed in May. Senate Bill 234 also eliminates the more-than-25-year-old bottle deposit system, which has resulted in less than 20 percent participation, and replaces the five-cent deposit with a four-cent fee that will sunset after four years.
“I always felt that we should have passed recycling legislation years earlier because it’s just the right thing to do,” said Rep. Michael P. Mulrooney, D-Pennwood, who was the chief House sponsor of the recycling legislation. “We wanted a convenient and affordable recycling program for all Delawareans, and that is exactly what we have in place now. I think we will see the benefits of this program for years to come.”
Under SB 234, universal recycling for restaurants and bars also will begin on September 15, 2011. Multi-family residences, such as apartment complexes, will be offered curbside recycling by January 1, 2013, and commercial customers other than restaurants and bars, will see universal recycling service by January 1, 2014.
Delaware became just the ninth state to restrict the use of handheld cell phones, passing legislation that requires drivers to use a hands-free device to talk while driving. The measure also prohibits text messaging, sending or reading e-mail or browsing websites while the vehicle is in motion. The bill requires a driver to use a headset, speakerphone or other hands-free device to talk on a cell phone while driving.
“Several states and municipalities have moved toward restricting the use of cell phones while driving, recognizing the distraction that holding a phone to your ear creates,” said Rep. Darryl M. Scott, D-Dover, who sponsored House Substitute 1 for House Bill 229. “Hands-free devices are easily accessible, and requiring drivers to use this technology is an important first step in making our roads safer. Putting restrictions in place that will reduce cell phone usage while driving will help curb distracted driving.”
Under the bill, a first violation of this primary offense would carry a civil penalty of $50. A second offense would carry a fine of $100-$200. Violators would not accumulate any points on their licenses. Drivers would be permitted to punch in the phone number or activate the hands-free device, but then cannot have the phone in their hands.
According to the National Conference of State Legislatures, eight other states, including Maryland, New Jersey and New York, and Washington, D.C., require drivers to use hands-free devices, with Maryland’s law going into effect on Oct. 1. Twenty-three states and the nation’s capital outright prohibit texting while driving, and five more states have texting bans that will go into effect later this year.
The General Assembly also addressed one of the worst pedophile cases in the nation’s history this year, passing a package of bills that stemmed from separate reviews the attorney general and governor ordered after Dr. Earl Bradley was arrested on charges that he allegedly molested over 100 young patients at his Lewes pediatric office. Both reports found multiple instances of systemic failure and made clear that the laws and procedures in this area were broken and in need of significant reform to better protect patients.
House Majority Leader Rep. Peter C. Schwartzkopf, whose district includes Bradley’s former practice, said that many families have been traumatized by this situation and the community as a whole has been devastated.
“We can’t undo what this inhuman monster did, but we have taken steps to ensure that this never happens again, that there isn’t a breakdown in the system,” said Rep. Schwartzkopf, D-Rehoboth Beach. “This package of bills takes several important steps in addressing the problems that both the governor and attorney general’s reviews found. We have accomplished this through a mixture of increased reporting, increased penalties, changes to the Board of Medical Practice, improved communication between agencies, additional training and protections for young patients. While these bills aren’t going to be a cure-all, we hope they will address the issues identified and prevent future tragedies.
“I’d also like to note that we might fuss and fight a lot in Legislative Hall about issues, but when it came down to it, we put everything aside and worked together to get these bills passed in a cooperative, bipartisan manner.”
The House also passed legislation this year that: strengthens protection from abuse orders (PFAs) by extending PFA “no contact” provisions; raises the minimum age for mandatory reporting of misdemeanors in schools from 9 to 12; closes a loophole in the Freedom of Information Act to increase public access; creates a Business Finder’s Fee tax credit program that rewards companies that recruit new employers to the state; creates enhanced penalties for those who commit crimes against vulnerable or infirm adults; and allows 16-year-olds to pre-register to vote when they apply for their driver’s license.
Also during the 145th General Assembly, the legislature put the cap on a decade-long struggle for equal rights, approving legislation that would prohibit discrimination based on sexual orientation – defined as heterosexuality, homosexuality or bisexuality – whether the orientation is real or perceived in areas of housing, employment, public works contracting, public accommodations or insurance.
The House Democratic Caucus also led the charge on legislation protecting manufactured home tenants, amending the state’s zero tolerance law for school punishment, expanding the state’s Healthy Children Program (CHIP) to cover all kids with health insurance, eliminating the Delaware Student Testing Program (DSTP), limiting the reasons municipalities can use eminent domain, protecting children from sexual predators and protecting seniors from abuse.
House Majority Whip Rep. Valerie J. Longhurst, D-Bear, said that despite the numerous challenges, the legislative session was easily one of the most productive in recent memory and will be remembered for tackling significant issues that had been languishing in the legislature.
“When we took the majority in the House, we knew it wasn’t going to be easy to bring about all the changes we had talked about,” Rep. Longhurst said. “But we also knew we could not ignore our commitment to the citizens of Delaware and address the issues they sent us here to address.
“In the first year, we passed FOIA legislation, anti-discrimination legislation, a bill limiting eminent domain and several bills protecting manufactured home tenants, many of which failed to become law in previous sessions. This year, we continued our efforts to improve the quality of life for all Delawareans, and we can leave Legislative Hall knowing we made several significant improvements in their lives.”
|
|
|
|
| Health care 'choice' bill violates several laws | June 22, 2010 |
The U.S. Congress made an important and historic decision when it approved health care reform legislation in April. The issue has been around for decades and has been an extremely complex one to tackle. Even in passing the legislation, there still are differing opinions. Some have called for states to take action against health care reform. It is against that backdrop that House Bill 353 was filed.
However, following a review of the bill and the relevant case law, our House attorneys noted several potential problems with House Bill 353 as written. Our attorneys concluded that the bill, as written, would likely be declared unconstitutional and would create more problems than it hopes to address. None of this appeared in Rep. Deborah Hudson’s June 22 letter to the editor, which painted the issue as partisan instead of addressing the numerous concerns raised about the legislation.
First and foremost, House Bill 353 probably violates the Separation of Powers Doctrine. The Doctrine of Separation of Powers is a rule forbidding one branch of government from exercising powers exclusively assigned to another, and forbidding one branch of government from allowing its powers to be exercised by another branch. HB 353 would likely be held to violate the Separation of Powers doctrine as it takes an essential function of the executive branch (the Attorney General) – the decision of whether to bring forth a lawsuit – away from that office. The bill mandates that they Attorney General must file a suit (“shall take such action”), which essentially means that the legislature is performing an executive function.
In addition to the Separation of Powers problem, this provision also may create ethical issues for the Attorney General who, like all Delaware attorneys, is required under the Delaware Lawyers’ Rules of Professional Conduct to only file suits which the Attorney General believes have substantive merit.
Additionally, the United States Supreme Court has ruled that a state does not have standing, under the 10th Amendment to the United States Constitution, to challenge the enforceability of a federal statute. A lawsuit based on 10th Amendment grounds therefore may be dismissed for lack of standing. Moreover, as the penalties for people who haven’t obtained health insurance don’t kick in until 2015, a court likely would hold that a case challenging the enforcement of such penalties would not be “ripe.” Since there would not be a party adversely affected by such penalties, no citizen would have standing to challenge the statute until at least 2015, and the State of Delaware (through the Attorney General’s office), as discussed above, also would lack standing to bring such a challenge.
Setting aside all of those arguments, several other states recently have passed similar legislation to bring suits challenging the federal health care reform law. Any decision reached in those states’ cases would apply to all 50 states, so Delaware “piling on” does nothing except require that our Attorney General’s office unnecessarily spend taxpayers’ money to bring forth a meritless lawsuit.
We hope this addresses some of the issues raised about House Bill 353 and clears up some of the misconceptions about why the bill was not released from committee.
Sincerely,
Robert F. Gilligan
House Speaker
Peter C. Schwartzkopf
House Majority Leader
Valerie J. Longhurst
House Majority Whip
|
|
|
|
| Bills Stemming from Bradley Investigation Filed to Better Protect Patients | June 10, 2010 |
DOVER -- Attorney General Beau Biden’s office, Governor Jack Markell and a bipartisan coalition of legislators detailed the bills that are being filed today to strengthen patient protections and improve oversight of the medical profession in response to the Earl Bradley case.
The bills filed today reflect recommendations made by separate reviews the Attorney General and Governor ordered after Bradley was arrested on charges that he allegedly molested over 100 young patients at his Lewes pediatric office. Both reports found multiple instances of systemic failure and made clear that the laws and procedures in this area were broken and in need of significant reform to better protect patients.
“These bills have broad bipartisan support. They should make a real difference to protect patients, and particularly children, going forward. Both reviews provided important suggestions on how a system that failed terribly should improve – suggestions that have been incorporated into these bills. I look forward to the legislature taking action on them and the opportunity to sign them into law,” Markell said.
"Since this case broke, Attorney General Biden has been concerned with two things: first with the prosecution of Dr. Bradley and second with a review of our systems to ensure we do everything we can to prevent this from ever happening again. These reforms are aimed at doing just that,” said Chief Deputy Attorney General Charles Butler. "We are particularly pleased that the Governor and the General Assembly have so eagerly participated in the effort to improve the oversight of the medical profession and to make other important changes to ensure suspicious behavior is reported and investigated. The impact of this tragedy transcends political parties and government agencies. The Attorney General’s Office will be urging the General Assembly to pass this package of bills in their entirety and without delay.”
Specifically, Tuesday's legislative response to the Bradley case includes seven bills:
• Increase scrutiny Delaware physicians receive from the Board of Medical Practice while renewing their medical licenses. The legislation mandates physicians disclose to the Board if they have been convicted of crime substantially related to their practice, if they have been penalized or convicted of a drug offense, if they have had a license revoked or suspended in another state and if they have been disciplined by a hospital. Doctors seeking to continue practicing in Delaware would also have to submit fingerprints and other identifying information necessary for the Board to conduct a criminal background check.
• Boost penalties for health care professionals who fail to live up to their legal responsibilities to report suspicious behavior by doctors that could harm patients. The new fines would be a maximum of $10,000 for a first violation and as much as $50,000 for repeat offenders.
• Require additional child abuse-prevention training for medical professionals, law enforcement officers and prosecutors, as well as additional instruction on their legal obligations to report suspicions of abuse.
• Require a physician or physician's assistant treating a person 15 years of age or younger to have another adult in the room when that child is disrobed, partially disrobed or otherwise undergoing certain physical examinations. That additional adult may be either a family member or other caretaker, or an adult staff member or colleague of the licensee.
• Toughen penalties for individuals who abuse a child and are in a position of trust or authority over the victim.
• Enhance the Board of Medical Practice's authority to crack down on unprofessional conduct and enhance the Board's ability to work with law enforcement to protect public safety. To help the Board better police physician conduct, hospitals must report any disciplinary action against doctors and requires doctors to notify the Board anytime they are the subject of a criminal or civil investigation. If the Board is notified of potentially criminal misconduct by a doctor, the Board must notify law enforcement. The legislation also requires the Board to open its meetings to the public, accept complaints orally in addition to in writing and end the controversial relationship with the Medical Society's Physicians Health Committee, with which the Board had previously contracted to handle some of its investigatory responsibilities. The bill also gives law enforcement officials access to additional information about physicians under investigation.
• Double the maximum fine for individuals who have knowledge of suspected child abuse but do not alert authorities to $10,000.
• Add two representatives of the public to the Board of Medical Practice as well as the director of the Division of Public Health. The bill also renames the Board to the Board of Medical Licensure and Discipline to better conform its name to its duties.
The bills are filed with broad bipartisan support from each of the four caucuses.
“Many families have been traumatized by this inhuman monster,” said House Majority Leader Rep. Pete Schwartzkopf, whose district includes Bradley’s former practice. “They are hurting, our community is hurting. We unfortunately can’t undo what happened, but we can and must take steps to ensure that this never happens again, that there isn’t another breakdown in the system.
“This package of bills takes several important steps in addressing the problems that both the Governor and Attorney General’s reviews found. We will accomplish this through a mixture of increased reporting, increased penalties, changes to the Board of Medical Practice, improved communication between agencies, additional training and protections for young patients. While these pieces of legislation aren’t going to be a cure-all, we hope they will address the issues identified and prevent future tragedies.”
|
|
|
|
| Donations for fire victims accepted at Legislative Hall | June 7, 2010 |
On Sunday morning, a fire ripped through a Woodcrest Arms apartment building in Dover, leaving one person dead and injuring several others. The blaze left 150 people homeless and without many of the necessary belongings that we take for granted – clothing, shoes, toiletries, towels and children’s supplies. As the legislators representing the apartment complex, Rep. Darryl Scott and Sen. Brian Bushweller are partnering to collect donations from staff, legislators and others at Legislative Hall for the tenants left homeless by this tragic fire. Donations can be made at Legislative Hall, 411 Legislative Avenue, Dover, throughout this week. They also can be made at Dover City Hall, 15 E. Loockerman St. Donations can include any of the following: adult clothing, shoes, toiletries, towels, washcloths, young girls’ clothes sizes 4T, 5T and 6/7, disposable diapers size 5 and 6, pull-ups size 4, wet wipes, and toys for three young girls. Your support and generosity is much appreciated at this time of need for so many in our community. |
|
|
|
| Delaware House Passes Cell Phone Ban | May 25, 2010 |
Bill would bar handheld devices while driving
DOVER -- After years of failed attempts, the House voted Thursday to ban the use of handheld cell phones while driving.
The legislation, which now moves to the Senate for consideration, also would prohibit drivers from texting, sending or reading e-mails, browsing the Web or playing electronic games while the vehicle is in motion.
The bill allows a driver to use a headset, speaker phone or other hands-free device to talk on a cell phone while driving.
"It takes the device out of the hand," said Rep. Darryl Scott, D-Dover North, sponsor of House Substitute 1 for House Bill 229. Scott's original bill would have banned all cell phone use while driving, but that bill failed to win support.
"It's a good first step," Scott said. At some point, Scott said, states will move toward broader bans when studies prove it's the conversation itself that contributes to traffic crashes.
Rep. Joe Miro, R-Foxfire, tried numerous times to win passage of similar legislation, but the best he could achieve was House passage of a bill to ban texting while driving. That bill has not received a Senate vote.
"I was ahead of the curve, to be honest with you," said Miro, who is a co-sponsor of Scott's bill.
The House approved Scott's bill by a lopsided 33-5 vote, but with an amendment -- opposed by Scott -- that allows a driver to enter a phone number or activate the phone to receive a call.
That amendment "goes to the very heart" of the bill, Scott said during the debate, but it was adopted despite his opposition.
"I've made comments all along that I hate the legislation, but I'm going to vote for it," said House Majority Leader Pete Schwartzkopf, D-Rehoboth Beach.
"The crux of what we really need to do today is pass legislation that tells people we've got to take the phone out of your hand as much as possible," he said.
A spokesman for Gov. Jack Markell said the governor supports the bill and will sign it if it reaches his desk. Miro said he's spoken with members of the Senate and that he expects that chamber to pass the legislation.
Scott's bill would make it a primary offense to use a handheld cell phone while driving, meaning that a police officer could stop a driver for that reason alone.
It would be a civil violation, not a criminal one, and would not result in points on the offender's driver's license.
Offenders would face a $50 civil penalty. The penalty for subsequent offenses would be $100 to $200.
The bill also would pre-empt the provisions of any municipal or county ordinances on cell phone use, although Scott said it would not affect a Wilmington ordinance that bans cell phone use while riding a bicycle.
The legislation exempts law enforcement officers, firefighters and other emergency personnel while in the performance of their official duties. It also exempts people driving or operating a farm tractor, farm truck or farm equipment.
The bill would take effect 180 days after enactment, to allow time to mount an educational campaign.
According to the National Conference of State Legislatures, seven other states, including New Jersey and New York, and Washington, D.C., require drivers to use hands-free devices. Twenty-two states and the nation's capital prohibit texting while driving, and three more states have texting bans that will go into effect this year.
By J.L. MILLER • The News Journal • May 14, 2010
|
|
|
|
| House, Senate leadership call for review | May 25, 2010 |
2006 agreement between state and NKS questioned
DOVER – Leaders of the Senate and House majority caucuses said Monday they have consulted with the Markell administration about performing a legal review of a lease between the Department of Transportation and NKS, and that the Markell administration has begun doing so.
The arrangement in question – executed in 2006 – gave NKS a 66-year lease on the land near Milford for $1,500 a month. The land was supposed to be used for an alcohol distribution warehouse and create jobs, but, four years later, it is still a vacant parcel.
Senate President Pro Tempore Anthony DeLuca said: “This is something that should be reviewed and all the facts analyzed.”
Speaker of the House Robert Gilligan said: “We are asking the governor’s office to look into all legal avenues to determine if it is at all possible to cancel or renegotiate the 66-year land lease to better reflect fair market value and a good deal for the citizens of Delaware.”
|
|
|
|
| House Democrats Tout Record of Accomplishments | July 29, 2009 |
If you’ve read various editorial pages in recent weeks, you’ve seen letters from several House Republicans who are more than eager to tell you everything that they think went wrong this session. To take what they say at face value, you would think the General Assembly did nothing but mismanage state funds and mishandle the worst economic crisis since the Great Depression. That couldn’t be further from the truth. The simple truth is that we accomplished more as a new House Democratic majority in six months than probably has been done in the House of Representatives under Republican control in years – and we did it in a year in which the state had no money to create new programs. In just six short months, we have accomplished the following: Democrats took the lead and passed House Bill 1, which places the General Assembly under the state’s Freedom of Information Act and give the public unprecedented access to the legislature’s meetings and its records. The Democratic Caucus made a commitment during the elections that we would pass a real FOIA bill, and upon taking the majority, that’s exactly what we did. The public is entitled to know what happens in We also ended a decade-long struggle for equal rights, approving legislation that prohibits discrimination based on sexual orientation in areas of housing, employment, public works contracting, public accommodations or insurance. State law already prohibits discrimination based on age, religion, gender, race, marital status and physical handicap. Several legislators, both Democrats and Republicans, have been fighting for this legislation for years. But many people have been struggling for equality and waiting a lifetime for this moment. One area that the House Democratic Caucus has focused on in recent years is ensuring that all Delawareans are able to receive health insurance. Given the state’s financial situation, we were not able to use any state funds to expand health insurance programs. Instead, we passed legislation that expands the Children’s Health Insurance Program (CHIP) to cover all children without costing the state a dime, allowing parents to pay a modest monthly premium to insure their children. The construction services industry, construction employees and state taxpayers were protected under landmark legislation that will prevent workforce fraud. Workers will be able to receive workers’ compensation and unemployment compensation. The new law will prevent companies from potentially paying workers under the table and under-bidding law-abiding employers for contracts. This will allow all construction businesses to have an equal chance at obtaining a contract fairly. The House Democratic Caucus also led the charge on legislation in the following areas: limited the reasons municipalities can use eminent domain, replaced the Delaware Student Testing Program (DSTP) with a more adaptive and useful exam, amended the state’s zero tolerance law for school punishment, protected manufactured home residents, allowed hospital patients and nursing home residents to choose who can visit them, protected children from sexual predators and further protected seniors from abuse. This is just a sampling of the accomplishments we have amassed during the first half of the 145th General Assembly. Think about that for a second: we did all of that while addressing an $800 million revenue shortfall. We finished the session with a balanced budget that was 8.1 percent smaller than last year’s budget, the first time in nearly 20 years that a budget was smaller than the preceding year’s budget. We avoided the problems seven other states have faced by not passing a budget by the end of the fiscal year. We said at the outset of the session that we would not avoid any of the difficult issues facing the state, and we have addressed many of them head-on. Our Republican counterparts, by contrast, have very little to hang their hats on. They have been reduced to spouting rhetoric rather than talking about any positive changes they have made during the last six months. Our budget process followed a practice of shared sacrifice, where each group shared in being part of the solution. And we passed a fiscally responsible budget that keeps police on the streets and teachers in the classrooms without seriously affecting state services to our citizens. We in the House Democratic Caucus honored and will continue to honor our commitment to those who elected us that we will not avoid these difficult issues and will continue to bring them forward. Sincerely, Peter C. Schwartzkopf House Majority Leader 14th District |
|
|
|
| Markell Signs Landmark Equal Rights Law | July 2, 2009 |
Delawareans guaranteed protection from discrimination based on sexual orientation “This is an historic day in Markell signed Senate Bill 121 into law during a ceremony at “We’ve reached an important milestone in our efforts to guarantee equality for all Delawareans,” said Drewry Fennell, executive director of the American Civil Liberties Union. “The Governor is able to sign this bill today because of the energy and perseverance of so many elected officials and their constituents, who worked for over a decade to pass this bill.” Said Sen. David Sokola, D-Newark, who introduced SB 121: “Even though this has been a long journey, I’m thrilled that we’ve come this far and that the Governor is signing this legislation. We know the signing of this bill, momentous as it is, will not end discrimination. But the signing of this bill means such practices will no longer be done with the blessing of the state.” House Majority Leader Rep. Peter C. Schwartzkopf, “Supporters of this legislation have been waiting a long time for this day, and now that day is finally here,” said Rep. Schwartzkopf, whose district includes Representative William A. Oberle Jr., R-Beecher’s Rep. Oberle stated, “This has been a more than 10-year journey to get to this point and I am thrilled to be witnessing the enactment of this historic bill. There were a number of advocates who were instrumental over the years in getting us to this point, and I would like to extend a special thanks to my colleagues for passing this bill and to Governor Markell for signing it into law. My appreciation also goes out to former Governor Minner, who was the first Governor to publicly support this legislation. I have always felt that this legislation was the right thing to do, by helping to protect individuals from being discriminated against simply because of his or her sexual orientation. I am proud to be taking part in today’s ceremony.” |
|
|
|
| General Assembly Approves Anti-Discrimination Legislation After Decade-Long Struggle | June 24, 2009 |
Legislation protecting the rights of all Delawareans regardless of their sexual orientation will soon be law after the General Assembly passed Senate Bill 121 on Wednesday night. House Democrats have long supported the legislation, which has passed the chamber during several previous sessions. The bill, which is identical to legislation the House passed earlier this session, would prohibit discrimination based on sexual orientation, adding the category to existing state law that prohibits discrimination based on age, religion, gender, race, marital status and physical handicap. The bill, which Governor Jack Markell is expected to sign, would prohibit discrimination against a person based on their sexual orientation – defined as heterosexuality, homosexuality or bisexuality – whether the orientation is real or perceived in areas of housing, employment, public works contracting, public accommodations or insurance. These basic human rights are the foundation on which this country was created. |
|
|
|
| House Passes Program to Expand CHIP at No Cost to State | June 22, 2009 |
Recognizing the historic economic times the state is facing and balancing it against the need to insure Delaware’s youngest and most vulnerable citizens, the House of Representatives unanimously passed legislation Thursday that would extend the state’s Children’s Health Insurance Program (CHIP) to allow all uninsured children to obtain health insurance at no cost to the state.
Rep. Teresa L. Schooley, D-Newark, has been looking for ways to offer health insurance to the 20,000-22,000 uninsured Delaware children without burdening taxpayers. House Bill 139 would expand health insurance coverage for children of families with personal incomes above 200 percent of the federal poverty level – about 9,000 children. Currently, CHIP is only available to children in families that have an income level less than 200 percent of poverty.
The legislation would allow parents to pay a monthly premium of approximately $170 per child plus administrative costs, which would provide the same level of coverage the child would receive under CHIP or Medicaid. Since the parents would bear the cost of the premium, it would cost the state nothing to implement the program.
Rep. Schooley said the program would provide an alternative for parents who can’t afford health care coverage otherwise. The bill now goes to the Senate for consideration.
Link to more info here |
|
|
|
| House Health Committee Chair Rebukes Walgreens | June 15, 2009 |
House Health and Human Development Committee chair Rep. Michael A. Barbieri has called on the Markell administration to explore ending its contractual obligation with Walgreens for the state group health program after the pharmacy chain announced earlier this month that it will stop filling Medicaid prescriptions at all Happy Harry’s drug store locations in According to the state Office of Management and Budget, Walgreens announced it would stop filling Medicaid prescriptions as of July 6, balking at the state’s proposal to reduce the rate it pays pharmacies for medication sold for Medicaid recipients, which would have saved the state $500,000. Walgreens still would have collected about $18 million in revenue from the state. Every other pharmacy in the state agreed to the rate cut. Rep. Barbieri said Walgreens is entering a practice of only targeting those who would get them the greatest profit, and called on the governor to look into ending the state’s arrangement with Walgreens for state workers’ prescriptions. “If that’s how Walgreens is going to do business in Link to more info here |
|
|
|
| Caucus Honors Pledge to Champion Open Government | June 2, 2009 |
During the 2008 elections, several candidates pledged to support open government legislation. Led by House Speaker Rep. Robert F. Gilligan, the Democratic Caucus quickly introduced House Bill 1 – a number reserved to show its level of priority – and passed the bill in March. The Senate passed the bill on June 2, marking the culmination of years of effort among legislators and open government advocates.
HB 1 places the General Assembly under the state’s Freedom of Information Act as a public body, subjecting the legislature to the state’s open meeting laws. Under the law, the public will be granted access to General Assembly meetings and committees, including Joint Finance, Bond Bill and Sunset committees and all committees or task forces specifically created by legislative resolution, except the Ethics committees.
The statute does not cover party caucuses but the public will have access to the General Assembly’s records. Current exceptions in the state FOIA law for public bodies and records will apply to the legislature.
|
|
|
|
| Sports Betting Wins Near-Unanimous Approval from House Democrats | May 29, 2009 |
The House Democratic Caucus overwhelmingly voted for legislation on May 8 that would stabilize Delaware’s video lottery industry and bring in more than $50 million in new revenue without burdening the taxpayer.
Twenty-two of 24 House Democrats voted in favor of House Substitute 1 for House Bill 100, which would re-authorize sports betting in the First State. The legislation, which the Senate also passed and Governor Jack Markell signed into law, increases the state’s share of gambling revenues by 6.5 points, calls for table games to be implemented as quickly as feasible and sets the total license fee for the three existing casinos at $4 million.
The bill passed the House 30-4 with four not voting. Only two Democratic members went “not voting,” one for a perceived conflict of interest and the other due to religious objections. Implementing sports betting is expected to give the state’s three existing casinos a competitive advantage over casinos in Pennsylvania, New Jersey and planned slots in Maryland. Delaware is the only state east of the Mississippi River grandfathered under a 1992 federal law prohibiting sports betting.
|
|
|
|
|
|
 |
 |
 |
 |
 |
Robert F. Gilligan Speaker of the House |
| ___________________________________ | |
|
|
 |
Peter C. Schwartzkopf Majority Leader |
| ___________________________________ | |
|
|
 |
Valerie J. Longhurst Majority Whip |
| ___________________________________ | |
|
|
