Tag Archives: Delaware General Assembly

General Assembly Post-Game Wrap-Up: Week of March 17-19, 2015

That was quite the dust-up between Sen. Karen Peterson and Speaker Pete Schwartzkopf this week.  The argument? Why won’t Schwartzkopf allow a floor vote on legislation eliminating the death penalty? Both legislators make legitimate points.

Pete Schwartzkopf by and large does control the fate of the bill.  As Speaker, he not only decides what committee receives the bill, he determines the members of the committees. Put the bill in a committee in which the majority does not support death penalty repeal, and the bill isn’t coming out unless petitioned out.  Going against the Speaker to petition a bill out has its own set of perils.  So Peterson is correct there.  Pete has taken steps to stop the bill, his protestations to the contrary notwithstanding.

However, Schwartzkopf has offered a compromise:

Schwartzkopf has said that he would oppose any repeal legislation that did not include exemptions for those inmates convicted of killing members of law enforcement, including correctional officers.

Not including those exemptions would endanger every correctional officer working in the state’s prisons, he said. He added that he offered amendments to repeal legislation last year, but those requests “fell on deaf ears.”

He said that compromise is needed on the bill. Peterson, he said, is not willing to compromise.

“This building is bigger than one bill,” Schwartzkopf said.

This raises two questions: (1) Would Schwartzkopf take steps to ensure the bill’s consideration if this compromise was accepted; and (2) is it worth it to have a repeal bill with these exceptions?

My answers? (1) Probably. He’s a man of his word and Peterson’s a savvy negotiator.  (2) I don’t know.  When you build exceptions into anything, at least legislatively, the instinct is to add more exceptions, not eliminate the ones on the books. I can see how any legislator with demagogic tendencies (about 40% of them, by my count) could use the terrible crime du jour to carve out yet more exceptions by threatening political extinction for the namby pambys who oppose them. Your thoughts?

One final point. Sen. Peterson says:

“”I can tell you that in the Senate if the majority members of our caucus wanted a bill out of committee, it would be out of committee,” she said. “Leaders are supposed to facilitate, not dictate.”

That is true. Now.  Previous President Pro-Tems DeLuca and Adams? Not so much. BTW, here is this year’s bill. Props to all sponsors, special props to R sponsors Simpson, Cloutier, Miro and Ramone.

Jack Markell blinked on his proposal to cram health care increases into the orifices of state workers. At least for now.  Actually, he and the legislators just kicked the can down the road for a few months.  Until or unless this state generates a greater revenue stream, which we can easily do by restoring some fairness to the state income tax, prospects will  just get bleaker for state employees.  Hey, Jack, now that we have empirical evidence that ONLY the state’s 1% benefited from our so-called recovery, the only fair thing to do is stop the ongoing transfer of wealth to the wealthy from everybody else.

Speaking of everybody else, we got a real good minimum wage bill introduced this week.  The minimum wage would increase by 50 cents each for four consecutive years beginning in 2016. The response from the Markell folks was predictable and pathetic:

Kelly Bachman, a spokeswoman for Markell, said the governor has not discussed the new legislation with Marshall or other lawmakers. Bachman would not say whether Markell supported an additional minimum wage increase.

“He was proud to support a $1 increase in the minimum wage last year and looks forward to talking with the senator and his colleagues about this bill,” Bachman said.

Actually, he was proud to have emasculated the original bill with, according to Tom Carper, considerable help from Sean Barney.  BTW, where is Barney pursuing his progressive principles these days? Is he back with Jack, The Third Way or…somewhere else? But, I digress.

For all of you completists, here are the Session Activity Reports for this week:

Tues., March 17

Weds., March 18

Thurs. March 19.

Highlights and lowlights:

Hunters may soon take (legal) aim on Delaware’s Wildlife Animal, the gray/grey fox.  The House voted to legalize the hunt by a 31Y, 8N, 2NV roll call.

The Senate approved the nominations of Collins Seitz, Jr. and Jeffrey Clark to the Delaware Supreme Court and and Superior Court respectively.  I would be remiss in not also congratulating Mary McDonough for her reappointment as a  Commissioner to the Court of Common Pleas.  Before her appointment, Mary was instrumental in protecting residents of nursing homes, other facilities, and home health care.  She is an empathetic public servant who has done immense good for many people who don’t even know her name.  Words can’t adequately describe how much I admire her.

You know, that’s a rare nice positive way to end a post. I’m done ’til Tuesday.

Delaware General Assembly Pre-Game Show: January 27-29, 2015

I would first like to thank the meteorologists for making this article necessary.  Was this the new ‘faith-based’ meteorology?  Rest assured I won’t be watching the insipid smile-meisters on the Weather Channel to find out what went wrong with their model.  Don’t have the time.  (Personal to Al Roker: Eat something, willya? The human shar pei look is disconcerting.)

I’m now assuming the General Assembly will meet today, so you’re gonna get the Full Monty weekly preview.  The last preview before the six-week break for meetings of the Joint Finance Committee meetings. Which reminds me, the Governor will submit his proposed budget later this week, which, of course, plays a central role in the work of the JFC.

The fast-track commission to identify solutions to Wilmington’s crime problems leads off today’s House Agenda. I didn’t learn much from NASCAR, but I think that “Sometimes you need to slow down to speed up” has some staying power.  The skeptic in me wonders whether it makes sense to spend less than two months on this.  Makes me think they’ve identified the ‘solutions’ in advance.  I hope they prove me wrong.  As with all commissions and/or task forces, the key is the composition of the panel. Knowing that, you can predict the findings in advance.

I like HB 17(Bolden), which “provides a mechanism for financial institutions to freeze transactions that they suspect are financial exploitation of an elderly person and requires them to report suspected financial exploitation to the proper state or federal agency.”

This may come as no surprise, but certain vacation homes are exempt from the Landlord-Tenant Code.  This special interest legislation adds ‘Cedar Creek Hundred’ to the list of exemptions, thus exempting vacation homes in Slaughter Beach from the landlord-tenant requirements.

Today’s Senate Agenda  features legislation increasing the penalty for terroristic threatening, and legislation clarifying the appointment process for the medical marijuana oversight committee.

There are some real important committee meetings this Wednesday. The Senate Executive Committee considers two significant nominationsJennifer Cohan for Secretary of Transportation, and Scott Green to chair the Del-Tech Board of Trustees. Cohan is the governor’s designated replacement for the great Shailen Bhatt.  As Director of the Division of Motor Vehicle, she has presided over one of the most efficient of state agencies. She’s earned her promotion. They don’t come any more politically-connected than Scott Green, a behind-the-scenes mover and shaker, who is kinda like Mike Harkins without the criminal record.  In other words, he’s ideal to push the most unsavory aspects of the Del-Tech agenda.

Other Senate Committee highlights:

*a joint Senate/House Education Committee meeting to hear the recommendations from the Wilmington Education Advisory Group.

*consideration of Matt Denn’s firearms prohibition bill in the Senate Judiciary Committee.

One final note on the Senate committee schedule:  Four, count ’em, four Senate committees have meetings scheduled but have no posted agenda. Sen. Bethany Hall Long is a two-time offender when it comes to not providing committee agendas.  I know it’s early in the year, but these are veteran legislators who have not provided the requisite public notice.

House Committee highlights include:

*Paging Mitch Crane: What appears to be a major captive insurance bill will be considered in the House Business Lapdog Committee. Sponsored by (perhaps) a future candidate for Insurance Commissioner in Rep. Bryon Short.  Based on some of the co-sponsors, it’s probably more ‘good’ than ‘bad’, but I’m outta my league here.

*Mike Barbieri’s legislation codifying the State Office of Financial Empowerment will be considered in the House Health & Human Development Committee.

Pete and Val make the rules, Pete and Val break the rules.  The House House Administration Committee will meet, agenda to be announced. Hey, when you’re in charge, you can thumb your nose at public notification requirements.

Hmm, this one sounds kinda hinky. Can someone translate this synopsis into English for us non-gun users:

“This bill updates requirements for handguns used for deer hunting by adding a range and limit to allowable handgun calibers to accommodate changing handgun availability while maintaining public safety and handgun hunting efficacy.”

Sounds like we’re legalizing a more powerful weapon for deer hunting w/o saying so.  In the House Natural Resources Committee…along with a bill to legalize the wanton slaughter of Delaware’s State Varmint, the grey fox. Plus, another bill that, despite some quality co-sponsors, raises questions for me:  HB 26(Ramone) has the following synopsis:

Currently only persons who are blind are exempt from hunting and fishing license requirements. This amendment will provide a hunting and fishing license exemption (not trapping) to all persons who have a severe, chronic mental or physical disability(??). As the person having these disabilities is often unable to participate in hunting and fishing requirements without assistance, any person providing attendant services for these individuals is also temporarily exempt.

Somebody please tell me that a person with PTSD and/or related anger management issues is not covered by this legislation.  Please?

That’s it for now. Updates as warranted. Post-Game Wrap-Up on Friday.

Delaware General Assembly Pre-Game Show: Tuesday, Jan. 13, 2015

The 148th General Assembly convenes today for its first regular session.  Six new legislators, R Rep. Richard Collins (41st),  R Rep. Kevin Hensley (9th), D Rep. Sean Lynn (31st), D Rep. Sean Matthews (10th), R Rep. Lyndon Yearick, and R Senator Bryant Richardson, respectively replace D Rep. John Atkins (defeated in general election), D Rep. Rebecca Walker (retired), D Rep. Darryl Scott (retired), D Rep. Dennis E. Williams (defeated in primary), R Rep. Don Blakey (defeated in primary), and Sen. Bob Venables (defeated in general election).  The Senate goes from 13 D’s and 8 R’s to 12 D’s and 9 R’s.  The House goes from 27 D’s and 14 R’s to 25 D’s and 16 R’s.

THE GENERAL ASSEMBLY FOR NEWBIES

The Delaware State Senate has 21 members. The President Pro-Tempore leads the Senate, although the Lieutenant Governor often, but not always, presides over the senate sessions as a non-voting member (That, of course, will not happen this session as there is no Lieutenant Governor now that Matt Denn has become the State’s Attorney General). Here is a list of the Senate membersHere is a list of Senate committee assignments.

The House of Representatives has 41 members, currently 25 D’s, 16 R’s. The Speaker of the House presides over the body. You can find the House membership hereHere is a list of House committee assignments.

The General Assembly is in session from the second Tuesday in January through June 30 each year. Three days a week–Tuesday through Thursday. The Senate often returns for a special session in the fall to consider nominations.

The General Assembly breaks for six weeks at the end of January for Joint Finance Committee (budget) hearings and meetings. There is another 2-week break around Easter, and an additional week’s break around Memorial Day.  The Memorial Day break often enables the ‘money’ committees to finish work on marking up the budget.The typical General Assembly meets in session about 50 days a year.

The House always holds committee meetings on Wednesdays until the last week or two of session, and does not generally conduct any substantive business on Wednesdays. Senate committees also generally meet on Wednesdays, but the Senate can and does run an occasional agenda on committee days.

January generally follows a particular pattern. The first day this year will be ceremonial in nature, with swearing-in ceremonies. Although the Senate officially was sworn in previously during a Special Session to consider nominations, there will be family and friends galore in Legislative Hall today to participate in the ceremonies. The House will elect its leadership and, although there were and are some hard feeling arising out of the Democratic Caucus votes, do not look for a challenge to Speaker-Designate Pete Schwartzkopf.  Governor Markell delivers his State of the State Address this week, and his legislative agenda will be spelled out in that speech. By the end of January, the Governor will also submit his proposed budget to the General Assembly.

While some ‘emergency’ legislation often passes in January, it’s usually a slow month. With a new General Assembly coming face to face with a lame duck Governor, I look for the dynamics between the two branches of government to change, and not in the interests of comity.  Which, BTW, is not necessarily a bad thing. Leading to my:

KEY QUESTIONS FOR THE 148TH GENERAL ASSEMBLY

1.  Will legislators let a lame-duck governor double-down on wrongheadedness, or are they going to push back on behalf of schools, students and parents? This governor appears hellbent on destroying public education in the name of, what exactly, getting more funds from Washington to fund his bloated Department of Education?  His wanton embrace of corporate education policy must be renounced and reversed.  Will it happen? I used to think that equal rights for LGBT citizens would be Markell’s key legacy.  I now think it will be his killing off of public education.

2.  Will legislators ignore this lame-duck governor and pass a real and serious minimum wage increase? One that eliminates the ability of the Walmarts of this world to subsidize its workforce by having them claim public benefits rather than providing them themselves and/or enabling the workers to make enough to pay for them?  Will legislators finally ensure that all state employees earn a wage that rises above the poverty level?

3. The ‘grown-ups in the room’ have finally recognized the obvious. The state’s mix of budget-balancing gimmicks, including escheat $$’s, incorporation fees, gambling dollars, licensing fees on everything, et al, cannot be counted on to balance the budget going forward.  So, the ‘grownups’ have done the inevitable: They’ve formed a task force to study the issue. Never mind that the most obvious source of additional revenue: restoring some progressivity to our state income tax, is precisely what the so-called grown-ups in the room want most to avoid.  Wonder what, if any, magic bullets they’ll come up with.

4. There is still a massive hole in our capital fund. This after coming up about $50 mill short last year for already-approved road projects.  Speaker Pete Schwartzkopf says he can’t ‘even spell gas tax’, so what magic bullet will the General Assembly come up with?  If you are sensing a theme here, you’re correct.  Let’s see if the General Assembly addresses these financial issues, or just kicks the can down the pock-marked road. Since this is not an election year, either it happens this year or not until 2017, at the earliest.

5.  While seemingly unwilling to address its mandated responsibilities, the General Assembly appears intent on continuing to throw good money after bad to Delaware’s racinos.  Will this continue, and/or will they approve the opening of other casinos that don’t drain state funds, and does anybody know how to turn the gambling industry’s fortunes around?

6.  Will anybody challenge the dubious ethics involved in both Sen. Nicole Poore‘s new windfall as President of Jobs for Delaware Graduates, and in Rep. Val Longhurst‘s (and Dick Cathcart’s) scheme for an underwater city at Fort DuPont?  Anybody other than Delaware Liberal, that us. Oh, and what about the proposed interchange for the supposed Kent County Athletic Complex?  With Sen. Brian Bushweller on both the Joint Finance Committee and the Bond Bill Committee, be afraid, be very afraid.

Enough questions for now. Starting today, some answers. And, of course, yet more questions.

The 62 Project: Not Better Late Than Never. But It’s Finished. Just In Time To Change It.

I was planning to finish this in time for…well, some time before now. However, sloth and other events intervened. So here we have it, 1-62, for each and every member of the 147th Delaware General Assembly, based on their careers, not just the past session. For those I previously profiled, you can click on the links. For the rest, the floor is open for questions and vitriol.

1. Sen. Karen Peterson: A fierce negotiator/advocate who successfully leverages her bargaining power to pass progressive legislation. Imagine that. Accruing power not for personal ambition, but to pass a progressive agenda. An easy choice for #1.

2. Rep. Mike Barbieri: Quietly does outstanding work on kids’ issues, and has helped turn back the neanderthal mandatory sentencing excesses of the Sharp/Smith/Vaughn/Brady years. He’s impressed me from Day 1. A thinker and a doer. We need more social workers in the General Assembly.

3. Sen. Bob Marshall: Has gotten better and more effective as he’s gotten older. He serves as perhaps the leading Democrat from the Democratic wing of the Democratic Party in challenging Jack Markell’s DINO-ism. He’s got at least one more minimum wage increase in him.

4. Rep. Melanie George Smith: Her work, along with Barbieri and others, on sentencing reform, was legislating at its best.  It wasn’t easy, it required a tremendous attention to detail, plus political smarts. Forget her political roots, focus on her legislative skills.

5. Sen. Dave Sokola: Anyone who thinks it was easy for a legislator from the Pike Creek/Hockessin area to support progressive reform wasn’t around when he got elected. That’s what he did and that’s what he does. And, while he gets criticism from some of our education people, he stood up to the ‘forced busing’ bashers, including his own Pro-Tem, Tom Sharp.  His sponsorship of civil unions reflects the kind of person he is.

6. Rep. Ed Osienski: Far exceeded my expectations, which reflects badly on me.  One of the most Democratic members of the House Majority Caucus.  He votes the right (i.e. the way I’d vote)  way on virtually everything.

7. Sen. Bryan Townsend: One of the most impressive first-terms any legislator has had in my memory. Now poised, along with Kim Williams, to challenge Jack Markell’s War on Public Schools.

8. Rep. Darryl Scott: Let us praise the dearly departed.  Generally a solid progressive vote, strong advocate for death penalty repeal, and fought for the average citizen’s right to privacy.  I hope we haven’t seen the last of him.

9. Rep. James J. J. Johnson: He believes in second chances, and has been our most effective legislator on behalf of those who have paid their debt to society.

10. Rep. Helene Keeley: Great work on payday loans and consumer protection.  IMHO, she has grown more than any legislator who I saw from the beginning.

11. Sen. Harris McDowell: Yes, he’s been around for too long. However, he would have ranked #1 on this list 20 years ago.  The Kids’ Department, the Joint Sunset Committee, juvenile justice reform, cleaning up leaking underground storage tanks, commuter rail, and lots more. Stuff he got done. He did it by identifying and recruiting policy experts and progressives to his side.  John Flaherty, John Tobin, Joe Dell ‘Olio, Kennard Potts, Mark Brunswick, Joan Powell, Guy Sapp, Barbara Brown, and many many others. His inclusiveness is why he got so much done. There’s a lesson to be learned here…

12. Sen. Margaret Rose Henry: She has become a serious legislator. Her work on needle exchange and decriminalization of marijuana is strong. She is generally one of the most dependable progressive votes.

13. Sen. Patti Blevins: One more session like this last one, and she’ll be in the Top 10.  Her work as President Pro-Tem has been outstanding. The Senate is now the more progressive legislative chamber in Dover, and her even-handedness is a major reason why.

14. Rep. Quin Johnson: Very solid constituent services guy.  Also a pretty good vote on key progressive issues.

15. Sen. Dave McBride: Yes, he’s eccentric.But he’s done a better than solid job as chair of the the Senate Natural Resources & Environmental Control Committee and generally votes the right way. I gotta tell you. If I had to write a book about one and only one legislator, McBride would be the one with more interesting stories than anyone else. Only person I ever worked with to appear on the Morton Downey, Jr. show. To talk about the whipping post.

16. Rep. John Mitchell: It’s damning with faint praise to identify him as the best of the former cops in the General Assembly. But there’s a reason why the progressives in his caucus trust him: He’s true to his word. He could still be Speaker some day.

17. Rep. Paul Baumbach: I’m still somewhat of an agnostic.  He votes like a progressive, he has done excellent work on the issue of manufactured homeowners’ communities. But he has helped to turn Progressive Democrats of Delaware away from  the inclusive grassroots organization it was. I’m with Ronnie Reagan on this one: “Trust, but verify.” 

18. Rep. Earl Jaques: A populist who is sometimes, but not always, in tune with progressive principles. He works well with others and does a solid job on constituent services.

19. Sen. Brian Bushweller (I admit, he’s rated too high, I’ll adjust): My initial ranking was before he emerged as  the #1 cheerleader for the casinos and the so-called Kent County Athletic Complex.  It’s one thing to advocate on behalf of your constituents, it’s quite another to saddle all Delawareans with the cost of such wasteful spending.

20. Rep. John Kowalko

21. Speaker Pete Schwartzkopf

22. Sen. Bruce Ennis

23. Sen. Bethany Hall Long

24. Rep. Kim Williams

25. Rep. Mike Mulrooney

26. Rep. Bryon Short

27. Rep. Rebecca Walker 

28. Sen. Cathy Cloutier

29. Rep. Mike Ramone

30. Rep. Debra Heffernan

31. Rep. Dennis E. Williams

32. Sen. Nicole Poore

33. Rep. Andria Bennett

34. Rep. Gerald Brady

35.  Sen. Ernie Lopez

36. Rep. Danny Short

37. Rep. Don Blakey

38. Rep. Trey Paradee

39.  Rep. John Viola

40.  Rep. Stephanie Bolden

41. Rep. Joe Miro

42. Sen. Bob Venables

43. Sen. Gary Simpson: You could do worse than Simpson as Senate Minority Leader. Not an R doctrinaire talking points parrot like Lavelle and Bonini.

44. Rep. Bobby Outten: The man’s a METER READER, for crying out loud. Which makes him one of the few Rethugs who understands the value of a hard day’s work.

45. Rep. Debbie Hudson: Only reason she’s this high is b/c she annually challenges one of Delaware’s stupidest laws: the prohibition against purchasing fine wines through the mail.

46. Rep. Harvey Kenton: Old inconsequential backbencher. Sometimes distinctions are not cost-effective. Interchangeable with several others on this list.

47. Rep. Ronald Gray: Back bencher. Small businessman.

48. Sen. Gerald Hocker: Well, George Howard Bunting likes him, so he can’t be ALL bad.

49. Sen. Brian Pettyjohn: Jury’s out. An R cipher so far.  Someone I respect likes him, though…

50. Sen. Greg Lavelle: A Rethug mouthpiece. Nowhere near Colin Bonini when it comes to buffoonery, but sings from the same hymnal. Thing is, unlike Bonini, Lavelle has critical thinking skills. Just chooses not to use them.

51. Rep. Val Longhurst: She’s Joe Petrilli with less sophistication. Keeps her position b/c people are afraid of her.

52, Harold Peterman: A backbencher with health problems. Not much more to say.

53. Rep. Steve Smyk: Would have ranked lower, but he gets points for standing up to Jeff Christopher.  He won’t, however, stand up to the state police as he’s one of them.

54. Rep. Charles Potter: He’s only in it for himself. Even in an institution where there are plenty of grifters, Potter stands out. Can’t even be counted on to support progressive legislation.

55. Rep. Bill ‘Lumpy’ Carson: Takes pride in his willful ignorance, even jokes about it. A Schwartzkopf fave, who heads the House Transportation Committee, one of the worst appointments imaginable.

56. Rep. David Wilson: Proof that there IS such an animal as an inarticulate auctioneer. Votes ‘wrong’ on everything.

57. Rep. Jeff Spiegelman: A rude young dick. His guns ‘n NASCAR constituency like him OK, however.  His constituency sucks.

58. Rep. Tim Dukes: Christian Dominionism comes to the General Assembly in the persona of the (Extreme) Right Reverend. Sussex County has jumped the shark.

59. Sen. David Lawson: Former state cop who owns a shooting range. Votes accordingly. Profoundly undistinguished.

60. Rep. Ruth Briggs King: Remorseless defender of the powerful and scourge of the powerless.  She was in the running for #62.

61. Rep. John Atkins: I will miss his comedic stylings, but I doubt that anyone will miss his presence in Dover.  Not just an accident waiting to happen, an accident that happened. Over and over again. Hey, he could be back.

62. Sen. Colin Bonini: Based on a career of doing nothing, bloviating, not showing up, lying about his record, and accidental buffoonery, this gasbag is a deserving #62.

The following legislators are now former legislators:  Rep. Darryl Scott (8), Rep. Becky Walker (27). Rep. Dennis E. Williams (31), Rep. Don Blakey (37), Sen. Bob Venables (42) and Rep. John Atkins (61).

So there you have it. I will reorganize the list, fix some injustices, factor in new information, and find places for the new legislators before the 148th General Assembly convenes in January. At that point, it becomes sort-of a living organism where rankings can be revisited periodically.

One list down…time to work on the best/worst/most ridiculous of 2014 countdowns. Oh, and don’t forget Jason330’s fave: Best Songs of 2014.

How The GA Passed Energy Efficiency w/o Passing HB 179

This is awesome, just the kind of stuff I love.

You will no doubt recall, through the writings of Cassandra and others, that Delaware utilities currently cannot offer their customers consumer conservation programs that would save the consumer money and reduce energy usage.

You also know that a bill designed to permit utilities to offer these programs was buried in the Senate Energy Committee, where it had languished for over a year under the watchful eye of SEU founder and Senator Harris McDowell.

Which brings us to last night, and, for that matter, this morning. At 3:21:05 am, to be  precise.

No, Sen. McDowell did not relent, nor did he release HB 179 from committee.

So, how did this get done? Well, it just so happens that a Sunset Committee bill revising the operations of the Strategic Energy Utility (SEU) had passed the Senate back on June 17 by unanimous vote, but had not yet been worked in the House.

Last night, it passed the House, but with an amendment that, in effect, delivers the consumer conservation programs enumerated in HB 179.

It’s all in House Amendment 2 to SB 150.   If this amendment can’t be defined as sheer genius, then it at least deserves the extreme cleverosity label. Wonder how many lawyers pored over this one…

You see, it was nowhere near as simple as just grafting HB 179 onto SB 150. HB 179 amends Title 26 of the Delaware Code, while SB 150 amends Title 29 of the Delaware Code. The Delaware Constitution prohibits the enactment of a bill when the bill’s title does not comport with the body of the bill. And you can’t amend the title of a bill to, say, change Title 29 to Title 26.  And, proponents of these programs didn’t want them to be subject to the whims and caprices of the SEU. And the title of SB 150 is/was: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO SUSTAINABLE ENERGY UTILITY.

Here’s how HA 2 addresses this conundrum. When permitting the delivery of these programs, the amendment states that they can be delivered ‘in collaboration with the Sustainable Energy Utility as described herein’.

The amendment then creates an advisory council to recommend  ‘candidate energy efficiency, and reduction, and emission-reducing fuel-switching program elements that are cost-effective, reliable, and feasible, including financing mechanisms’. What about the SEU, you may ask. The SEU indeed has members on this council. 2 out of 13, to be exact.  In other words, the amendment does relate to the Sustainable Energy Utility in that the SEU still has minimal impact on what programs will be approved. Here is the amendment’s synopsis:

This amendment addresses the expansion of cost-effective energy programs under the direction of an advisory council composed of members of the Sustainable Energy Utility and others. The SEU will collaborate with affected energy providers on a common marketing platform for these programs.

Further, this amendment will reduce average customer energy bills and will create local jobs by driving investments in energy efficiency that displace more expensive energy supply purchases. Energy efficiency investments create in-state jobs, lower energy bills for Delaware consumers and businesses, prevent dollars from being sent across borders, encourage the development of skilled energy professionals and labor force in Delaware, stimulate innovation, and cause a reinvestment of Delaware dollars in Delaware. Efficiency investments lead to substantial environmental and health benefits from reduced air pollution, make homes healthier and more comfortable, increase grid reliability, decrease vulnerability to energy price spikes, increase energy security, and boost the economy.

If the second paragraph of that amendment synopsis looks familiar, it should. It’s pretty much verbatim from the synopsis of HB 179.

Here are the House and Senate roll calls on SB 150. Yes, Sen. McDowell voted yes.

Did I mention that I love stuff like this? I love stuff like this!

Delaware To Tackle Human Trafficking

Make no mistake. Delaware needs to tackle human trafficking. According to activists, Delaware ranks near the bottom when it comes to addressing the issue of, let’s not mince words, slavery.

Which, IMHO, is why, as ‘Lazy Reader’ pointed out (major tip of the ‘Bulo sombrero), that Delaware has had this sudden proliferation of Asian massage ‘spas’. Within the past year, New Jersey has enacted perhaps the most comprehensive statute in the country. The Pennsylvania legislature is likely to pass a comprehensive bill by the end of the current legislative session, and already has a stronger statute than Delaware. As to Delaware, while it comes relatively late in the session, there should be no reason why SB 197(Blevins) doesn’t get enacted into law by the end of June.  I think that one of the elements driving the increased spa proliferation in Delaware is, in fact, likely the stronger statutes enacted elsewhere. Delaware offers a soft underbelly for those with no conscience.

Just to give you an idea of the extent of the sprouting of these spas, My Friend At Work (huge sombrero tip to her), who is deeply involved in this issue, suggested a website that pretty much lays it out there. While I will not give the website any undeserving traffic, it promotes, both under ‘escorts’ and ‘body rubs’, many of these spas. Generalized locations include Philly Pike in Claymont,  Shoppes of Camelot in Rehoboth, Market Street in Wilmington, Foulk Road in Brandywine Hundred, State Street in Dover, Naamans Road in Brandywine Hundred, N. Broad Street in Middletown,  Silverside Road in Brandywine Hundred, N. DuPont Hwy. in Dover, Chestnut Hill Plaza in Newark, S. Maryland Ave. in Wilmington, Pulaski Highway in Bear, and Jenmar Plaza in Newark.  These ads reflect just one day on this site. Most of the ads feature young Asian women in scanty attire. The sexually suggestive references are unmistakable. Some sites specifically mention Korean and Chinese women. While it’s possible that no prostitution takes place at these establishments, and that none of the women are coerced, the ads clearly imply that you will leave totally satisfied. Also, to assume that none of the women are/were coerced, one would have to assume that young Asian women in our area spontaneously decided en masse that they wanted to become scantily-clad masseuses, and that they wanted their pictures to appear on a sketchy website. BTW, many of these ads mention that their particular spas are ‘under new management’, meaning, I think, that the women and their bosses move around real quickly. Make no mistake, these are sophisticated operators, and they trade in fear.

Bear in mind that sex trafficking is just one form of human trafficking. When it comes to people from other countries, the MO is pretty similar. People are lured with the promise of a good job in the United States. They then have their visas taken by their handlers, who threaten them with deportation and often abuse them. Labor trafficking is also prevalent. Remember the nail salon boom of about a decade ago? While many were legit, some often used forced labor and/or were fronts for prostitution. People dealing in humans are also, in many cases, involved in illegal arms smuggling. Here is a brilliant series in four parts that will give you all the background you need:

http://wwe.wgbh.org/897/sex_and_labor_trafficking_in_new_england_part_one.cfm

http://wwe.wgbh.org/897/sex_and_labor_trafficking_in_new_england_part_two.cfm

http://wwe.wgbh.org/897/sex_and_labor_trafficking_in_new_england_part_3.cfm

http://wwe.wgbh.org/897/sex_and_labor_trafficking_in_new_england_part4.cfm

While this series specifically references the Boston area, the strategies employed by the traffickers is basically universal. I think you’ll agree that what these victims are forced to endure is utterly inhumane.

Let’s now talk the law. According to  Polaris Project, the leading legislative advocacy organization on behalf of battling human trafficking, Delaware ranks among the 7 least effective states in combating trafficking. Of the 12 categories that the Polaris Project identifies as key protections, Delaware has only enacted four into law, and really, it’s more like 3.5. This is must-reading for anyone interested in the issue. Check out the state-by-state charts, in particular. You’ll see that Delaware needs to do more.

Of the 12 categories identified by Polaris (all descriptions come from Polaris, my comments in parentheses), Delaware has the following:

1. SEX TRAFFICKING:A statute that criminalizes sex trafficking and includes  elements of inducing another through force, fraud, or coercion to engage in a commercial sex act. Some states have related laws in the prostitution code and were given credit if they had the same criminal elements.

2. LABOR TRAFFICKING: A statute that creates the crime of labor trafficking or trafficking in persons, in which a person is compelled through force, fraud, or coercion into providing labor or services.

3. LOWER BURDEN OF PROOF FOR SEX TRAFFICKING OF MINORS: A statute that ensures that the elements of force, fraud, or coercion are not required for a trafficker to be prosecuted for the sex trafficking of a minor.

4. ASSET FORFEITURE FOR HUMAN TRAFFICKING: A statute that provides for the forfeiture of assets used in the course of the crime or acquired with proceeds from the crime of human trafficking. (Unfortunately, Delaware really only deserves a half a point at best here. Although Delaware has, according to Polaris, authorized investigative tools to address this, the state does not have an asset forfeiture statute.)

Here’s what Delaware doesn’t have, keeping in mind that New Jersey now has every tool in the toolbox that Polaris recommends:

1. INVESTIGATIVE TOOLS FOR LAW ENFORCEMENT: A statute that amends existing Racketeering (RICO) statutes to include the crime of human trafficking or authorizes the use of wiretapping by law enforcement in human trafficking investigations.

2. TRAINING FOR LAW ENFORCEMENT: A statute that mandates or encourages law enforcement to be trained in human trafficking issues and the law.

3. HUMAN TRAFFICKING COMMISSION OR TASK FORCE: A statute that creates, establishes, or encourages a task force,commission or advisory committee dedicated to addressing human trafficking. (Bear in mind here that this is not one of those useless task forces we’re so used to seeing in Delaware. These are sophisticated criminals, and a multi-jurisdictional approach is essential to effectively shut them down and/or bring them to justice.)

4. POSTING A HUMAN TRAFFICKING HOTLINE: A statute that mandates or encourages the public posting of a human trafficking hotline, such as the National Human Trafficking Resource Center hotline or a state human trafficking hotline.

5. SAFE HARBOR–PROTECTING SEXUALLY EXPLOITED MINORS: A statute that recognizes sexually exploited individuals under 18 as victims of a crime in need of protection and services by granting immunity from prosecution or diverting minors from juvenile delinquency proceedings, and instead directing them to child welfare services.

6. VICTIM ASSISTANCE: A statute that provides assistance, mandates the creation of a victim services plan, or funds programs to help victims of human trafficking. Victim services and protection may include counseling, job assistance, housing, continuing education, legal services, and/or a human trafficking caseworker privilege.

7. ACCESS TO CIVIL DAMAGES: A statute that provides victims of human trafficking with the ability to seek civil damages from their traffickers.

8. VACATING CONVICTIONS FOR SEX TRAFFICKING VICTIMS: A statute that permits victims to have convictions for prostitution that were committed as a result of being trafficked vacated from their criminal records.

OK, let’s now look at SB 197 and see what it addresses. It provides that …the Court shall order forfeiture of real or personal property used in or derived from human trafficking activities. That strengthens #4 for which Delaware only deserves partial credit. Very important.

It requires mandatory victim restitution and enables victims to receive civil damages. That addresses #7 and goes even further. So far, I’m really liking this bill…

The bill makes provisions to vacate convictions for sex trafficking victims. #8!

The bill diverts juveniles to the Department of Services of Children Youth and Their Families, and directs that they be considered ‘abused and neglected’ children. #5 down! The bill also provides for creation of plans for many victims, which would make them eligible for the types of services addressed in #6.

The bill creates a Human Trafficking Coordinating Council. Lotsa key people working together here, and they have a lot of responsibility. #3 addressed!

The bill requires that public awareness signs be posted at locations all over the state. The hotline # must be part of the sign. In addition to normal sign locations, signs also must be posted at adult entertainment establishments and ‘…entities found to be maintaining a criminal nuisance involving prostitution under Section 7104 of Title 10 of the Delaware Code’. That properly addresses #4.

The provision on training is a little less clear. According to the bill, the coordinating council shall ‘coordinate training on human trafficking prevention and victim services for state and local employees who may have recurring contact with victims or perpetrators’. That seems pretty close to #2 above.

So, unless I’ve misinterpreted something, the only element of the Polaris list that does not appear to be addressed by this bill is:

1. INVESTIGATIVE TOOLS FOR LAW ENFORCEMENT: A statute that amends existing Racketeering (RICO) statutes to include the crime of human trafficking or authorizes the use of wiretapping by law enforcement in human trafficking investigations.”

I’ll leave it to the bill’s supporters to let us know if that is addressed or, as is quite possible, is already a tool for law enforcement here.

Well. I originally started this article b/c I had been informed that Delaware was lagging behind on this issue. I made sure that there was nothing coming up by checking the bill tracking at Legislative Council, only to discover that this bill had been introduced on April 10. I think it’s a great bill and should be passed before the General Assembly goes home. Delaware will immediately go from having one of the least effective statutes to one of the most effective statutes in the entire country.

As often as I disparage what legislators do and don’t do, this is legislating at its best. And, whether it is/was the AG, his designee, or whomever who may have worked with the key parties, all involved deserve gratitude for not only fighting the scourge of human trafficking, but for intently focusing on the victims.

Now go pass the damned thing!!

Announcing the 62 Project

I am El Somnambulo, and I’m a listaholic.

Today I announce The 62 Project, which will ultimately yield my rankings of legislators from 1 to 62.

However, I intend for it to be much more than just a list. I will write a selective bio, some brief, some lengthy, on each state legislator. I want to give people who don’t really know the legislators that well the opportunity to know them better. For better or worse.

I also don’t want this to be just a snarkfest, although, to put it mildly, THERE WILL BE SNARK. Lots of it. Hey, can’t help myself.

So, how have I ranked the legislators? It’s based on several factors, the first among equals being effective legislating on behalf of the progressive cause. I look at their bill sponsorship, but focus on their priorities. Dutiful sponsorship of administration bills falls below effectively pushing for reforms on their own. I look at their voting records and public statements.  I look at how effectively they’ve influenced progressive priorities. I look at how they’ve evolved or devolved as legislators. And I’ll write about all that.

I have rated legislators based on their entire careers, with more weight being given to their most recent performance. This means that new legislators are more likely to be clustered near the middle of the pack, although there are a few exceptions on both sides of the equation.

Once we’ve ranked the legislators, we can change the rankings as circumstances require. For example, had I done this a year ago, the rankings would have been different. Issues like gay marriage, gun control, minimum wage, and charter schools, among others, have, and will, continue to impact the rankings.

In order to build suspense and, of course, outrage, I will start in the middle of the pack and move to the highs and lows.

This is not a scientific methodology. But I’m trying to make this as objective as possible, recognizing my extreme subjectivity.

I’ve ordered the legislators in groups right now. There are only eight out of 62 that I currently rank as ones, the top. There are quite a few 4’s, but only three are currently vying for #62.

The order is not set in stone yet, although several of the bios have been written. Now’s your chance to try and influence my rankings.  I’ll start the rankings next week at the latest, and will probably do 2-3 a day. My goal is to finish before the General Assembly resumes in January.

You have been warned. Let me know who you think belongs near the top or bottom of my list.

 

General Assembly Post-Game Wrap-Up/Pre-Game Show: Thurs., June 27, 2013

Now the days dwindle down to a precious few two…

Today and Sunday, and it’s a wrap for the first session of the 147th Delaware General Assembly. We are not in the denouement phase just yet, but we’re getting there. The Senate will give final approval to the Budget Bill today, the House will likely approve the Bond Bill today, and Grant-In-Aid may wait until Sunday, or may not. The Bond Bill unanimously passed the Senate yesterday, so everybody must have gotten something.

So much action yesterday. The Beaudhisatva’s got some work to do if he wants to get his bail reform constitutional amendment through. Yesterday’s Senate vote left the measure two votes shy of securing the necessary 2/3 majority. Quite the interesting dynamic to that roll call. Since you can check out all the results for yourselves, I’m gonna highlight bills that did not have near-unanimous support, but passed.

Whoa! Looky here. Talleyville firefighters will no doubt be intrigued to learn that only one senator voting against SB 53(Ennis), which ‘creates a presumption that a covered firefighter who has heart disease, hypertension, lung disease or certain cancers contracted the occupational disease arising out of and in the course of actions in the line of duty’.  That senator? Pope Pompous I, formerly Monsignor Lavelle. Clip ‘n save.

Not sure why Senate Rethugs would vote en masse against SB 115(Henry), but they did. Seems like the bill would serve to protect the public from licensees who present a threat to the public, which even R’s would likely favor. What am I missing?

SB 125(Poore) is more typical of Rethug proclivities. It would help manufactured homeowners, which is why four of them voted no. If you guessed Bonini, Da Pope, Lawson, and Simpson, you’re correct.

SB 136(Henry), which related to parental rights in adoptions, barely attained a Senate majority. Understandable, considering the subject matter.

Also barely squeaking through, following parliamentary maneuvering, was SB 141(Marshall), which allows law enforcement officers to purchase firearms as undercover officers using CFRP (Community Firearms Recovery Program) funds. Since it deals with the City of Wilmington, all R’s, plus Venables, reflexively voted no.

On the House side, the Atkins flagpole bill was passed, and goes to the Governor. Several ‘not votings’, the roll call here. Wouldn’t shock me if the Governor’s lawyers have some questions about this one.

Here’s a pretty damned good bill that faced opposition from some of the usual suspects. HB 180(J. Johnson) requires all commercial vehicles, except farm vehicles, registered with a gross vehicle weight of 26000 lbs. or over in the State of Delaware to be equipped with an audible reverse warning signal, backup camera or other warning device that adequately places an individual within 50 feet of such vehicle on notice that such commercial vehicle intends to and/or is in the process of reversing. I mean, who wouldn’t want that? The answer is found here in the roll call. All Rethugs, plus Atkins.

Today’s Senate Agenda looks pretty tame. I like SB 142(Marshall), which ‘limits the interest rate that can be charged on pension loans or advances, and any type of lending agreement against the pension and/or pension payments of an individual borrower or borrowers, to the legal interest rate…’.   Other than the Budget Bill, the second half of the Agenda consists of bills held over from the previous agenda. Keep in mind that, at this stage, bills can pop up and be considered under MTSR, aka ‘Motion to Suspend Rules’, at any time. Especially when a bill returns from the other house with amendments.

An interesting House Agenda today. Because of the legislature’s traditional plantation mentality when it comes to Wilmington, the city has often been prevented from doing things on its own. HB 198(Brady) would enable municipalities to take their own initiatives concerning recycling. In the case of Wilmington, it appears to be a ban on the dissemination of plastic bags. Good, hope the bill passes.

I also like HB 56(D. Short), which ‘sets certain regulations for motor vehicle data-reporting devices to prohibit the use by insurance companies of such data for anything other than consideration for premium discounts, requires disclosure to the insured of others who may gain access to such data, and otherwise prohibits insurance companies from releasing such data to others.’

You already know my opinion concerning SB 20(Henry), which establishes yet another strata of ‘victims’ who are deemed more important than the rest of us. Seeing as how the only senator who agreed with me was Colin Bonini, you can well guess this bill’s fate in the House today.

I think we all know each other’s opinions about SB 27(Sokola), which encourages the development of public school accelerated learning programs.  I love threads like yesterday’s analysis of this bill. Agree or disagree, we’ve got some damned knowledgeable experts out there. Thanks!

The rest of today’s House Agenda consists largely of Senate bills that garnered unanimous, or near unanimous, Senate support.

Hey, here’s a just-introduced bill that I hope gets passed before June 30. SB 150(Poore) reflects the Joint Sunset Committee’s review of the Sustainable Energy Utility. By now, the tragicomic performance of this pet project of Sen. McDowell’s has become the stuff of legends, and not of the heroic kind. I know that a lot of you have done some serious writing on this issue, so I encourage you to link to the bill, and come back with your comments. To me, it looks like a serious agency reorganization that just might well force the Utility to live up to its public purpose. Whaddayathink?

Save some of that grey matter for Sunday, when the session will head into the…:

http://www.youtube.com/watch?v=Sz7IaPZBiag

 

General Assembly Post-Game Wrap-Up/Pre-Game Show: Tues., June 11, 2013

That was quite the eventful Senate session last Thursday. We can count to three, so let us count the ways (even though Legislative Council can only count to two; seriously somebody needs a wake-up call there):

1.  The Senate handily passed SS1/SB 33(Ennis), which would require owners/landlords of manufactured homes communities to justify rent increases above the Consumer Price Index. 17 yes, 1 no(Bloviator Bonini), 1 not voting (Pope Pompous I, formerly Monsignor Lavelle). Now don’t get all excited. The Senate vote was viewed as a ‘free vote’ last session because the Forces of Evil had wired the House. It’s getting late in session. Contact your state reps and urge them to move forward and pass this bill. First warning sign will be if this bill doesn’t get placed in Paul Baumbach’s Manufactured Housing Committee.

2. Although Legislative Council, the official ‘information’ arm of the Delaware General Assembly, took no note of it, the Senate passed landmark legislation which prohibits gender identity discrimination in Delaware. SB 97(Henry) passed the Senate by an 11-7 vote.  Interesting roll call. Cathy Cloutier was the only R to vote yes,  Dems Bob Venables and Bruce Ennis voted no,  D Brian Bushweller and R Pope Pompous I went not voting. All 11 yes votes were required for passage. If your senator did the right thing, thank them. And, if anybody’s home at Leg Council, could you please update the session log? I know that there are some exciting new solitaire options on your computers, but perhaps one of you…? Pretty please?

3. The Senate passed ‘redistricting reform’ on a straight party line vote. SB 48 creates an 11-member commission to draw the lines and to make the process more open than it has been. Speaker of the House Pete Schwartzkopf has made it pretty clear that he likes the current ‘behind closed doors’ method of drawing the lines. There are quite a few House D’s signed on as co-sponsors, so we’ll see what happens. My guess? Schwartzkopf prevails, reform doesn’t.

I’m pretty sure that the House did some stuff on Thursday, but Legislative Council hasn’t yet gotten around to posting it. Once again,  here’s your complete incomplete official activity report from Thursday.

Woke up Sunday morning to find that Jack Markell wants to raise some taxes for infrastructure improvement and maintenance. No, not progressive taxes like an equitable income tax rate on the uber-wealthy. But sales taxes. Delaware doesn’t have sales taxes, you say? Of course they do.  They’re talking a higher gas tax, a higher tax on new motor vehicle purchases, and a rental tax on vacation home stays.  Markell, of course, is calling some of these ‘fee increases’, but they’re sales taxes in all but the nomenclature. Better that than eliminating tax breaks for Markell’s friends and contributors. Not to mention, talk about an artificially-created crisis. You wait until there are three weeks left in session to begin discussing this? Come back, Mark Brainard, all is forgiven. Utterly. Inept.

ALERT! ALERT! ALERT! ALERT!!!

Speaker Pete’s gone and done it, folks. # 8 on today’s House Agenda: HB 165(Jaques). Somebody wants this bill real bad. Delaware Way strong-arming at its worst. BTW, the list of Charter Schools that Kavips posted is must reading. How many politically-connected people can you identify? Charlie ‘Bouvier de Flanders’ Copeland and his Crazy Uncle Pierre? Nick Manolakos, the former state rep? Irv Becnel, former legislative candidate? I like Earl Jaques, but this bill is far from two guys sittin’ on the front porch whittlin’ while coming up with some ideas for charter schools. This is a bill by the elites for the elites. Concocted in secret. Memo to legislators: We know this, you know we know this, and we will hold you accountable.

Other highlights on today’s agenda:

HB 160(Schwartzkopf) creates a Delaware shellfish aquaculture industry.

Rep. Baumbach’s two bills that give more rights to residents in manufactured home communities remain on the agenda. HB 106 and HB 107, check ’em out.

HB 146(Bolden) adds an additional $25 penalty to those convicted of criminal offenses committed within the City of Wilmington. The money would go to the City of Wilmington. Presumably not to fund church gymnasiums.

The most notable bill on today’s Senate Agenda purports to create a ‘permanent solution’ to the ‘problem’ of veterans’ organizations having been serial scofflaws of the state’s gambling laws. We’re talking the machines, I mean ‘video lotteries’, that have permeated VFW’s and American Legion Posts for decades. Once the Markell Administration called them on it, and the racinos reacted with puffed-up outrage to the mom-and-pop interlopers on their legalized monopolies, it was inevitable that this day would come.

SB 112’s synopsis effectively spells out the convolutions:

This Act puts in place a permanent solution to allow for a fraternal or veterans organization with national affiliation or an organization whose membership consists primarily of veterans honorably discharged or active duty service member to operate charitable video lottery machines within their organizations upon approval from the Director of the Lottery. The business arrangement calls for the charitable gaming organizations to receive 60% of proceeds after players are paid and 40% shall go to the state to cover expenses of which 1% of the state’s proceeds shall be set aside to fund programs for the treatment, education and assistance of compulsive gamblers and their families. Each eligible charitable gaming organization may have up to 10 charitable video lottery machines plus one additional charitable video lottery machine for every 70 members of the charitable gaming organization over 500 members of said organization. Effective January 1, 2014, charitable gaming organizations will be required to donate at least 40% of the organization’s proceeds from charitable video lottery machine gaming annually to a charitable purpose. Finally, it requires the charitable gaming organization to adhere to the same guidelines for deducting from prizes of winners who are delinquent on the child support payments and sets a deadline of July 1, 2014, for these organizations to be connected to the state’s central system for reporting and auditing purposes.

As to any violations of the law that may have occurred in the decades preceding, uh, never mind. They’re veterans, for crying out loud. Just one of several groups for which Delaware laws do not apply. Kinda like Del-Tech and, for that matter, government, when it comes to public bodies doing their business in public.

More of that on today’s Al Mascitti Show, 10 am to 12 noon, WDEL 1150-Newsradio. Along with the Weiner-In-Wonderland denouement to the Stoltz Barley Mill Project legal proceedings (some things I just cannot make up).

 

Speaker Pete Burying Port Bill?

Signs point to yes.

On Wednesday, January 16, the Senate passed Senate Bills 1, 2, and 3:

http://legis.delaware.gov/LIS/LAH147.NSF/65d260a8f0fbce13852572360055cafe/f4c55b7e0e893ce785257af600176dee?OpenDocument

Senate Bill 1, which pertains to the Bank Franchise tax, was assigned to the House Business Uber Alles Committee, will be considered in committee on Wednesday, and likely voted on by Thursday.

Senate Bill 2, which is a tax break for a Dover theatre, was assigned to the House Housing and Community Affairs Committee, will be considered in committee on Wednesday, and likely voted on by Thursday.

Senate Bill 3, which would require legislative input for any deal concerning the Port of Wilmington…was not assigned to any committee. It was not ‘Laid on the Speaker’s Table’, which would permit a vote under rules suspension. (BTW, is it true that the term ‘laid on the table’ was officially banned from the Senate lexicon during the DeLuca years?)  SB 3 is officially sitting in limbo:

[youtube]http://www.youtube.com/watch?v=olkS6KdF0Mw[/youtube]

Would it be too great a stretch to point out how enabling Kinder Morgan to take over the Port might make it easier for their pipelines to navigate ‘many rivers to cross’? Thought so.

Did I point out that Speaker Pete Schwartzkopf alone determines the status of bills introduced in the House? He decides on committee assignments, he decides whether to bypass committees altogether on occasion, and he determines the timeline on committee consideration of bills by determining when to assign the bill. By delaying an assignment for SB 3, and, believe me, he did it on purpose, he makes it impossible for the bill to be considered in committee this week unless he also waives House rules requiring adequate public notice. He made sure that SB 1 and SB 2 could be considered with proper notice, and he made sure that SB 3 couldn’t.

If the Speaker is working with the Governor to bypass legislative consideration of this huge transaction, he is, in effect, conspiring against the concept of the General Assembly as a co-equal branch of government.

I think that’s exactly what he’s doing, and I thought that you should know as well. You know the drill, contact your state representative, and demand that they do their job even if the Speaker won’t. And, if you live in the City, you should probably contact Reps. Charles Potter, Stephanie Bolden, Gerald Brady, and J. J. Johnson, and ask them why they voted for a Speaker who is selling out their constituents.

El Somnambulo Predicts ‘Em (Almost) All For You. Part 2

State House of Representatives:

RD 1 (D): While Victoria Kent shows promise as a first-time candidate, I look for Dennis P. Williams protege Charles Potter to win in Williams’ district. Former state rep Rourke Moore has been almost invisible. I’d encourage Kent to work on developing a bit more message discipline should she decide to seek office again. She has potential, but she’s not there yet.

RD 2 (D): Former State Rep. Arthur Scott challenges incumbent Stephanie Bolden. I think that Scott finds himself in something of the same time warp that has trapped Dave Brady. While there may be compelling reasons to defeat the incumbent, Scott hasn’t really made them.  Bolden by a fairly comfortable margin.

RD 10 (D): Challenger Sean Matthews has earned at least one dubious distinction in his challenge to Dennis E. Williams: he’s come up with the absolute worst campaign signs of this season. He has ‘Sean’ in big snakelike letters with what looks like (I kid you not) the head of a snake at the top of the snakelike ‘S’. His last name is so small that you simply can’t read it when you drive past the signs, only if you’re stopped at a light. I was, and saw that what appears to be the snake’s head is actually a white star. Kids, I know my pro rasslin’, and I know that if your ring name is Sean the Snake, then you’re a heel, not a babyface. And, unless you’re Chris Christie, adopting a heel persona doesn’t win elections. Matthews turns out to be one of those young guys with ‘ants in his pants’ who should’ve waited. There was no raison d’etre for his candidacy in this Brandywine Hundred district. Williams wins handily.

RD 11 (D): Party insiders think that Lynne Newlin is likely to win the primary over David Brown in this newly-created district that straddles the Kent/New Castle County border. D’s also think that Newlin is the favorite to capture this seat in November.

RD 15 (D): I once thought that challenger James Burton could be an intriguing opponent for one of Dover’s nastiest, Rep. Val Longhurst, in this New Castle/Bear area district. Then I saw his campaign finance report. Longhurst easy.

RD 19 (D): An interesting matchup between longtime county open government advocate Bill Dunn and Red Clay school board member Kimberly Williams. Williams has the support of outgoing Speaker Bob Gilligan, and I think she’ll win a close battle. Her compelling personal story about how the recession has hit her family wouldn’t be so powerful if she hadn’t also displayed such empathy for people in the same position. There is a role for Bill Dunn to play in public service, and I know that his family has lived in this area for years. Voters win no matter how this comes out, but I think Williams has the edge.

RD 20 (D): Democrats think that Marie Mayor is one of their best newcomers of 2012, and who am I to argue? Should she win, her background in agritourism will provide a stark contrast to arrogant state cop Steve Smyk. And I think she wins in this Milton-area district. The other D’s are Thomas Jones and Lynn Rogers.

RD 22 (R): Two incumbents thrown together due to redistricting: Reps. Joe Miro and Nick Manolakos. Manolakos was just named the headmaster of Odyssey Charter School, and I think it’s good that he’ll have a job to fall back on. The conventional wisdom (meaning R’s who should know) is that Miro will win. We all know that the CW is often wrong, but I’m not about to substitute my less-informed opinion here. Miro wins the primary and effectively the election. He is getting up there, though…

RD 23 (D): A great three-way race to replace Rep. Terry Schooley. I think that Schooley’s staffer and former Newark councilman Jerry Grant will edge out PDD Chair Paul Baumbach by a slim margin. Claudia Bock’s candidacy seems to have faded.  Baumbach’s great strength is knowing how to work the rules to his own advantage. This led to him getting the 23rd RD endorsement after the committee had effectively decided not to endorse. On the hustings, though, it’s tough to top Grant’s gregariousness and empathy, and Grant has actually helped many of these voters through the constituent services he provides.

RD 32 (D): OK, I give up. It sucks for me to have to predict this, but I think that opportunist Andria Viola Bennett defeats Bill McGlumphy in this Dover-area primary. Why? If you recall, McGlumphy retired from Dover City Council earlier this year, and it was not b/c he planned to run for this seat, he just was ready to retire. The Party got him to come out of retirement, and he thought he’d only have the November election to worry about. Enter the daughter of one of Delaware’s worst legislators (John Viola) and new wife of one of Delaware’s most-disgraced legislators (Brad Bennett).  She’s running hard, and McGlumphy’s running like a guy who wishes he’d stayed retired. Jeez, I just might have to cut a check to the winner of the R Primary, who will be…

RD 32 (R): …former Kent County magistrate Ellis Parrott. Why am I so certain? Parrott’s opponent is Wil McVay, who as McVay will tell you,  over and over again, is not really a Republican. Just another wannabe desperate for attention.

RD 39 (R): Incumbent Dan Short makes short work of Patrick Murray.

RD 40 (D): Ray Adkins defeats Benjamin Lowe for the right to be the sacrificial lamb (Biblical reference intentional) to the (extreme) right Rev. Timothy Dukes in this crimson red western Sussex district.

New Castle County:

County Executive: I think Tom Gordon wins, only b/c he has an established, if rather small, constituency of die-hard supporters. I have yet to detect any groundswell for Paul Clark, (What the bleep is a ‘groundswell’ anyway? Be right back…OK, looks like ‘groundswell’ is like a mini-tsunami, caused by a distant storm or earthquake.) or even a groundripple, for that matter, but lots of people reallyreally don’t want to vote for Gordon. If Bill Shahan had actually come out of the box stronger, he could have snuck up and won this thing. Who knows?  In my fantasy scenario, Gordon and Clark continue to hurl stink bombs at each other, voters desert them both in droves, and Shahan pulls off the upset.  Could happen, but likely won’t. Ladies and gentlemen, meet the new boss, same as the old boss.

County Council President: Renee Taschner has been everywhere, and I’ve seen Chris Bullock nowhere. I just don’t see how Chris defeats this relentless campaigner.

County Council District 8 (D): John Cartier should defeat Richard Perillo comfortably. Perillo says he’s running because he’s not happy with Cartier’s constituent services, and Cartier sometimes overpromises. But he delivers more often than not.

Wilmington Mayoral Race:

This race gets more interesting by the day. I do think that the Williams campaign peaked early, and is struggling to recapture momentum. I think that, contrary to my initial impressions, Montgomery has made himself into a viable candidate. And I think that Kevin Kelley also could win, if things break right. However, and reserving the right to change this prediction before next Tuesday, I still think that the ‘calculus’ favors Dennis Williams, and that he will be effectively elected Mayor on Tuesday. It is not simply a calculus based on race, but rather based on the fact that his home north Wilmington turf traditionally turns out in greater numbers than other areas of the city. Montgomery could win if he effectively erodes Williams’ support and somehow can escape the shadow of Jim Baker. Kelley could win if he can effectively show that he’s the only non-Baker guy in the race as Williams acts more like Baker every day and Montgomery has been with Baker forever. No one will accuse the Kelley campaign of ‘peaking too soon’, the only question is whether it will peak at all. Since no candidate is likely to get over 40% of the vote, this race is still out there to be won. However, if the election were today, I think that Williams would win. Still almost a week to go, though…

I’m not touching the Wilmington or Sussex council races, and I know that there are readers with far more insight into those races than I could provide. Also, it goes w/o saying that I’m by no means all-knowing, and, in fact, I’m doing this in part to generate intelligent discussion of the various races. So please try to offer persuasive analysis that differs with mine. ‘Tick-tock’ is not persuasive analysis, in case you weren’t sure.

General Assembly Post-Game Wrap-Up/Pre-Game Show: Tues., June 26, 2012

Tuesday. Wednesday. Thursday. Saturday.

Four more legislative days, plus a special legislative session when the clock strikes midnight on Sat./Sun., and the 146th Delaware General Assembly mercifully comes to a close. Except, perhaps, for a fall session by the Senate to consider nominations. This year, in particular, has not been kind to the progressive cause. For those paying attention, big-monied interests have flourished, while those who need government to stand up for them have been thwarted. The  lone exception: the payday loans bill.

Here’s what the General Assembly has to do this week: The money bills. That’s it. They must leave Dover with an operating budget and a capital budget. They will leave Dover with a Grants-In-Aid bill, b/c no one is about to say no to volunteer fire companies, senior centers, and the like, and we can be thankful for that.

They will also leave Dover with yet another revenue source: more dollars via degenerate gamblers thanks to the so-called online gaming bill. This is a particularly odious example of the Delaware Way. Provisions have been put into the bill to ensure that the racinos and the mom-and-pop stores that sell the lottery tickets don’t get screwed, but no such provision for the compulsive gamblers who will help fill the state’s coffers. No fiscal note is even required for this bill, which makes little sense to me. Neither a projection of costs to implement the system, nor a revenues projection? Really? Hey, they don’t want you to know how much they expect to squeeze out of (in-state only) degenerate gamblers. Because they’re ‘humane’ public officials, no doubt they’ll toss an extra $50K or so at compulsive gambling programs a couple of years down the road. Truly a pathetic way to raise revenue at the expense of compulsive gamblers.

OK, let’s take a look at last Thursday’s carnage. Hey, a good bill from Rep. Jaques heads to the Governor. HB 222 requires that the Department of Labor publish the names of employers who have violated the Workplace Fraud Act by misclassifying an employee as an independent contractor or otherwise. Simple and fair, right? Only got 13 yes votes, with six no and two hiding in the bathroom.

More exemptions from the gross receipts tax for Delaware City refineries heads to the Governor. Just remember that this special interest legislation passed unanimously in both houses, the next time some Rethug screams about special interest legislation.

Hey, a DeLuca bill was defeated! A constitutional amendment dealing with bail provisions in non-capital cases. Very close vote, bill will likely rise from the ashes before session’s over. Might not get considered in the House, though.

Some serious legislating from M. Smith in HS1/HB 371. I think that the timely investigation of child abuse cases is strengthened by this bill. Unanimously passed the House, needs to pass the Senate this week.

Another very good bill heads to the Governor. SB 226(Blevins) promotes informed decision-making in the criminal justice system by institutionalizing the use of evidenced-based practices in decisions concerning bail, rehabilitation and probation supervision and helps ensure scarce resources are focused on higher-risk offenders. Three dopes from Sussex County voted no, Atkins, Lee and Wilson. I know, dog bites man.

The lowlight on today’s Senate agenda is, of course, the online gaming bill. It’s gonna pass, just trying to make sure that it doesn’t pass unnoticed.

Hmmm, doesn’t this bill violate the ‘Let Those Who Ride Decide’ spirit? For those unaware of what I’m talking about, back in the day when insurance companies and legislators were pushing for a mandatory helmet law for motorcycle riders, Legislative Hall was suddenly overrun with big guys and gals with black leather jackets and beaucoups tattoos. Their issue? Let those who ride decide. Ah, the good old days…anyway, this bill requires that youthful equestrians wear helmets while on horseback. Don’t think we’re gonna see the same kind of protest this time. Leg Hall already has more horse poop than it needs.

More bribery for businesses coming to Delaware. In the form of tax credits, of course. Hey, I LIKE the bill, just pointing out what it is.

And, tucked away at the bottom of the agenda, well, lookee here, one of the worst bills of this session. You know, the one that will significantly reduce protections from termination of service for customers with serious medical conditions. Written to order by the power and telecommunications companies. It will pass overwhelmingly. As Richard Nixon said to Hunter S. Thompson in the rest room scene of “Where the Buffalo Roam”, “Fuck the doomed.” BTW, while that movie has serious pacing problems (children of the sixties will quickly understand why), there are at least a couple of falling-down funny scenes in it. At least, falling-down-funny if you’re in the right state of mind.

On the House side, I’m starting to worry about HB 308(Scott). This bill, which would protect workers’ privacy rights when it comes to social media, has not budged in a week. The companion bill, designed to protect privacy rights of students, was laid on the table in the Senate after passing the House. I could be wrong, but my Spidey sense is tingling here. Looks like someone is trying to run out the clock. Is mischief afoot? Will someone from the Chamber please return my calls?

Now, here’s what buddies are for. Rep. Biff Lee, helping out his ol’ Sussex County pal, Rep. David Wilson. You know, the auctioneer. Here we are, late in June, and we’ve got a bill that “covers the licensing of auctioneers and auction firms, and creates a commission to license auctioneers and auction firms and to oversee their activities. Section 6 amends the exemption for auctioneers in the real estate brokers chapter to make it the same as the exemption in the auctioneer’s licensing chapter.” Looks like Ol’ Biff might be struggling to get this right: eight amendments already filed. All by Biff Lee or Dan Short. Might I suggest that, if legislators had to be licensed, the inability to get a basic licensing bill right (it’s almost all boilerplate language) w/o eight filed amendments, would disqualify them from licensure? Don’t think the House is gonna be willing to spend two hours or so on this Amateur Night production.

There’ll be nothing but three pros (Al, me, and the Mighty Engineer Gerald) on today’s Al Mascitti Show from 10 am to 12 noon. WDEL 1150-Newsradio on your AM dial. We’ll be talking politics, the General Assembly, and yet another classic Alice-In-Wonderland -Prison story from Sussex County.

DIY Post-Game/Pre-Game Show: Thurs., June 21, 2012

Been a tough couple of days. Unnecessary drama (with more than a touch of farce), next-to-no sleep, and a summer cold. Plus, I’ve got obligations and then work today.

So, I’m gonna give you the raw materials, you can write today’s Post-Game Wrap-Up/Pre-Game Show. Hey one of you could emerge as the next Lou Gehrig to my Wally Pipp. Which is likely the last baseball reference you’ll see here for a long time.

Yesterday’s Session Report

Today’s Senate Agenda

Today’s House Agenda

You also might want to scour the News-Journal should your report lack the requisite number of quotes from Greg Lavelle.