Delaware General Assembly Pre-Game Show: Tues., April 24, 2012

Since Democrats control both houses of the Delaware General Assembly by overwhelming margins, and since the current governor is a Democrat, I am going to write the legislative preview for today that I should be writing for today. Any resemblance to the real Pre-Game show is purely coincidental:

The House of Representatives will consider SB 163 (Marshall), which would increase Delaware’s minimum wage to $7.75 an hour by January of 2013 and $8.25 an hour by January 2014. House Speaker Bob Gilligan stated, “Working families have borne the brunt of our prolonged economic downturn while corporations have reaped outsized benefits. This legislation ensures that the American principle of rewarding those who work hard remains central to our core values.” Gov. Jack Markell, who has spoken fervently on behalf of this bill, promises to sign it as soon as it reaches his desk. “Delaware’s hard-working families cannot afford to wait, and I do not intend to make them wait one day longer,” Gov. Markell said.

Buoyed by a hearfelt statement from Gov. Markell, a strengthened version of HB 289(Keeley) now appears poised for easy passage in the House today. In response to a claim by lobbyist David Swayze that limiting payday loans would strike a blow against Delaware’s Financial Center Development Act, Gov. Markell said, “No one with a conscience could ever argue that charging upwards of 500% annually is anything but stealing from the poor. These payday loan outfits were neither anticipated nor regulated in the FCDA, and all they serve to do is to drive desperate people into the financial abyss. This soulless loansharking must not be allowed to stand.” The newly-revised bill would impose a limit of five payday loans a year per customer, and would place a 36% annual cap on the allowable interest.

Enthusiastic rallies in Wilmington and Georgetown built momentum for today’s Senate consideration of SB 169(Marshall), the Delaware DREAM Act. “We’re doing this because it’s both the right thing to do and because it’s good for business,” Gov. Markell told a cheering throng in Georgetown. “We can’t afford to deny anyone the chance to reach their full potential and to help move our state forward. Viva la Dream Act!” SB 169 would permit undocumented students to pay tuition and fees at the in-state, resident rate at public institutions of higher education in the State of Delaware. If an applicant meets the criteria of the Act, they would qualify for in-state tuition rates and consideration for the SEED and Inspire scholarship programs.

Governor Jack Markell will today sign legislation opening up the operations of the University of Delaware and Delaware State University to the public. “If the awarding of no-bid contracts at Delaware State wasn’t enough of a wake-up call, we have clearly seen from the scandals at Penn State that the disinfectant of sunshine can only help to ensure sure that Delaware institutions don’t find themselves in a position similar to Penn State’s”, Markell stated. “Never let it be said that we don’t learn from history.”

Just take a look at that. Four pieces of legislation, all of them compatible with traditional Democratic values. With the support of the Governor, all four bills could become law by the end of this legislative session. That’s the reality. The other reality is that neither the Governor nor the so-called Democratic ‘leadership’ have lifted a finger to help pass any of these bills. And, were it not obvious, all of the quotes attributed to Gov. Markell are fictitious. In fact, the circumstantial evidence suggests that this Governor wants nothing to do with any of this legislation. The Governor has made it abundantly clear that passage of HB 126, which would open up the proceedings of the University of Delaware and Delaware State is ‘not a priority of this Administration’. It would be nice if he’d tell us why.

The minimum wage bill has been in limbo since January 26, when it passed the Senate. First, Speaker Gilligan delayed assigning the bill to a committee until March 20. When he finally did, he bypassed the House Labor Committee, which has traditionally considered minimum wage legislation, and instead assigned (consigned?) it to the business-friendly (euphemism for ‘business lap dog’) House Economic Development/Banking/Insurance/Commerce Committee, from which it has yet to emerge.

Nobody in leadership has helped Rep. Keeley and others who, for five years, have worked to place some restrictions, any restrictions, on the predatory payday loan industry. Nobody. And, before the Rethugs and Swayzes of this world go all Free Enterprise on us, need I remind you that even the dysfunctional U. S. Congress has placed a 36% annual interest rate cap on payday loans to, wait for it, members of the military, and have a watchdog agency specifically assigned to enforce it. Why should members of the military be the only ones safe from predatory loans? Why should they be a protected class, but screw everybody else? In Delaware, the excuse proffered by the whores who lobby for the payday loan, pardon the expression, industry, is that it would violate the seemingly sacrosanct Financial Center Development Act, which Delaware enacted, and which legalized usury nationwide. One tiny little detail, though. The FCDA neither anticipated nor regulated the payday loan industry (see imaginary Markell quote above).

And, the DREAM Act? Crickets. Explain to me again why Latinos should support the Democratic Party, and, in fact, continue to be the fastest-growing segment of the Democratic coalition?

I would expect there to be Republican opposition to most of these bills, although I hasten to point out that, except for the minimum wage increase, each of them has at least one, and often more, R sponsors. But the fact that the bills are being held up and/or openly opposed by what passes for the Democratic leadership raises the question, what the bleep does the Democratic leadership stand for, and why doesn’t it reflect the bedrock principles of the Democratic Party? And why should we continue to support them? Your thoughts, please.

So much for fantasy. On the reality front, the General Assembly returns today from a two-week Easter break. Will Brad Bennett show up, and will there be any more developments? When you won’t provide substance, you might as well substitute soap opera.

The Senate Agenda consists of one bill. Unless you live in Dewey Beach, and perhaps even if you do, you won’t care about it. Especially since it’s a bill that already passed the Senate, but returned to the House in an amended form, requiring another vote.

The House Agenda consists of bills that were on the agenda prior to the latest recess, but were not worked. My previous comments on a couple of them:

HB 277(Heffernan) creates the new crime of ‘home invasion’, presumably because the dozens upon dozens of crimes to which this can be added are not sufficient. Don’t believe me? Read the bill, and just check out that list. A real good election year bill that will just add one more offense to the many for which perpetrators can already be charged. Which may or may not make it a good bill. But I defy any legislator to vote against it. You see how easy it is to demagogue pointless legislation, no matter how pointless it is? Let me just say that I don’t believe that any suspect is at risk of being ‘undercharged’ should this bill not pass. I’ll start ducking now.

The House will also consider HS1/HB 253(Barbieri), an excellent bill sponsored by some of our better legislators. The bill would establish a procedure for the evaluation of the competency of a child for the purpose of Family Court proceedings. The bill lays out those procedures and guidelines, and is a welcome move towards, dare I say it, enlightenment. And, yes, these are children we’re talking about.

Well, tomorrow’s committee day, and perhaps, just perhaps, we’ll see Democrats govern like Democrats. Me, I will take my disgust to the WDEL studios where Al and I will talk about this and all other things relating to Delaware politics from 10-noon today. 1150 on your AM dial. Oh, and I will wax, if not poetic, then prosaic, at tonight’s Drinking Liberal soiree at Timothy’s.

Be there!