General Assembly Post-Game Wrap-Up/Pre-Game Show, Tues., May 8, 2012

While we were away picking up our daughter at college…:

1. Legislators expressed shock, shock, at how bad things are over at DELDOT. Might I point out to them that, until now, there have been two types of DELDOT secretaries dating all the way back to the creation of the Department? You’ve got your wheeler-dealers like Kermit Justice and Nathan Hayward, and you’ve got your Ann Canbys, who tried to reform the culture, but realized that the long-time powers within the Department could simply wait you out. Oh, and you also had your caretakers like Carolanne Wicks, who had risen through the departmental ranks. Sorry, three types. Legislators have known just how slick many of the inside DELDOT players have been since the beginning, but it was to their advantage to play ball with them b/c favorable attention from DELDOT was Incumbency Protection of the highest order. Their potholes were filled, their sidewalks got done, their streets got paved…all before Election Day. They had no skin in the game to reform the system b/c they were often the beneficiaries. It continues to the present day. That’s how Reps. Lumpy ‘Road Rage’ Carson and Gerald ‘Red Light Cameras’ Brady end up as the chair and co-chair respectively of the House Transportation Committee. Dropped right into the middle of this culture is Shailen Bhatt, who Governor Markell appointed to lead the Department out of the Dark Ages. Bhatt is doing just that, as is chronicled in this ‘password-protected’ News-Journal story:

Armed with the report, Bhatt said he’s going after the money. An outside law firm is reviewing plans and will work to recapture rights in 66 cases where DelDOT might have lost rights because plans weren’t recorded, including dedication of rights of way and permanent easements. In addition, DelDOT plans to implement a centralized document management system, a new cashier system and other internal policy and procedure changes.

“Because of the condition of the files, it was sometimes difficult to ascertain if all required procedures were followed, if all conclusions were appropriately documented and if all decisions were documented, reviewed and approved,” the report reads. Then there was the problem with the uncashed checks. Altogether, Bhatt had uncovered 25 checks totaling $160,879 that had not been cashed and were sitting in files. One of the most recent checks dated June 2011 was $22,437 for a traffic-signal study. Because crucial documents were missing, such as an explanation as to why DelDOT paid something different than what the appraisal called for, it’s been difficult to determine what happened, Bhatt said.

You can click here, and then click on the link to the right that reads, “Report to the Secretary on Selected Accounting Services”, to get the information (PDF File), and I suggest that you do. Governor Markell deserves credit for challenging the longstanding cowboy culture at DELDOT. Makes it all the more incomprehensible that he continues to aid and abet it at the Department of Labor.

2. The House passed payday loan regulation. I admit I’m surprised, but pleased. Proof again that well-organized citizen lobbying works. This bill is a long way from becoming law, though. Majority Leader Schwartzkopf’s opposition to it, and Melanie Smith’s lack of support for it, suggest that Gov. Markell doesn’t support this bill. Well, that, and the fact that he hasn’t uttered a word on its behalf. (BTW, can someone explain to me how Rep. Stephanie Bolden, whose constituents are victimized by the vicious payday loan cycle perhaps more than those in any other district, can vote ‘No’ on this bill?) While there is more than enough support in the Senate to pass it, pitfalls await. The bill has been assigned to the Senate Banking Committee, chaired by…Sen. Tony DeLuca, and including both Senators McDowell and Blevins among its membership.  Seeing as how, through his illegal reign at the Department of Labor, Tony DeLuca has become a wholly-owned subsidiary of Jack Markell, and seeing as how both Blevins and McDowell need to remain in the Governor’s good graces, the potential for Markell to call in a favor or two (or tighten the screws) is great. Even should the bill clear committee, a killer amendment could be added. Oh, and the committee could ‘slow-walk’ the bill so that it’s not considered until the end of session, enabling the Governor’s lawyers to find some imaginary technical problem with it, and paving the way for a gubernatorial veto after session has already concluded. Or, the Governor could speak out in favor of the bill and avoid this tawdry exercise. This is not paranoia on my part, this is how things are done, and how things don’t get done.

3. Senate Passes Lobbying Reform

SB 185(DeLuca) passed the Senate by a 15-5 vote, with one senator absent. The 5 no’s were Bonini, Booth, Lawson, Simpson and Venables. The bill requires lobbyists to disclose what bills and issues on which they are lobbying, and to disclose which clients they are representing during their lobbying efforts. I’m surprised that five senators voted no, although I’m sure that there were more who were gnashing their teeth while voting yes. I just don’t see the political upside to a no vote. Do constituents really want them to keep this information suppressed? Since the bill was gonna pass anyway, even the lobbyists would have understood.

4. Sussex Sheriff Still At Large

The Klown Kar carrying the Sussex County Rethug legislative delegation has been permanently garaged, and its keys have been turned over to the D’s. Presumably, that’s better than getting pulled over by a self-designated vigilante and his Posse Comatosis. Let’s be honest: The members of the Sussex County Rethuglican delegation have disgraced themselves and demonstrated a collective unworthiness to hold public office. This isn’t even an issue of teapartiers defending their rogue sheriff. No, this is about a group of legislators so undistinguished and so scared of the wackadoos that they dare not pass legislation that (a) only ‘clarifies’ what everyone but the sheriff and the wackadoos already acknowledge; and (b) takes Sussex County government and its citizenry out of harm’s way. There may have been greater demonstrations of legislative cowardice in recent memory, but I can’t recall them. So, Rep. Schwartzkopf has introduced HB 325, which will do the exact same thing as HB 290,  which cowardly Rep. Danny Short struck.  Unless I missed someone, the entire Sussex R delegation signed onto HB 290 as co-sponsors. There is only one on HB 325, Rep. Biff Lee. Why? Because he’s retiring, and he doesn’t have to face the voters again. What a bunch of wusses.

Well, I think I’m caught up on the big stuff. If not, that’s what the comments section is for.

Today’s Senate agenda features, uh, not much. I am, however, a bit interested in SB 187(Henry) which, among other things, would “allow…the State to provide information to vendors such as CarFax who provide non-identifying information on the history of pre-owned vehicles to consumers who are interested in purchasing such a vehicle.” Substitute the word ‘sell’ for ‘provide’ and you’ve got the true legislative intent here.

The House Agenda features the following items of interest to me:

HB 286(Hudson): The bill would require all State agencies to hold public hearings on all proposed regulatory changes except emergency regulations. Most of the ‘biggies’ do now, aka DNREC, Education, Professional Regulation, but some do not.

HB 304(Carson): So, this is presumably why Lumpy Carson‘s services are needed as the House Transportation Committee chair. Never mind making sure that DELDOT functions properly, we need us some more Special Vanity Plate legislation. I once again humbly suggest a ‘No One Special’ plate. They’d make great gag gifts and create a new revenue stream for the state, plus Lumpy would finally qualify for one.

HB 300(Gilligan and Lots of Others): Campaign reform legislation that will, unless I’m missing something, almost completely benefits incumbents. Having said that, I’m in general agreement with most of the bill’s provisions, which include:

*requiring persons, other than political candidates and parties, who engage in “electioneering communications” before an election to file a report disclosing (among other things) the sources of funding for such ads. Under current law, persons who buy campaign ads that are not coordinated with any candidate (known as “independent expenditures”) must file disclosure reports, but only if the ads expressly advocate for the election or defeat of a clearly identified candidate. Persons who buy ads that do not use “magic words” such as “vote for Smith” or similar terms are not required to file reports under existing law. As a result, persons who advocate indirectly for a candidate (for example, “Call Candidate X and tell him he’s wrong on education”) are not required to file reports. This bill would close that loophole by requiring reports for electioneering communications – i.e., third party advertisements that refer to a clearly identified candidate and are publicly distributed within 30 days before a primary or special election, or 60 days before a general election. I’m no lawyer, but, if I were, I think I’d be looking forward to yet an other ‘revenue stream’ should this provision be enacted. Doesn’t mean it shouldn’t. Kinda like the Dream Act, which Gov. Markell has declared off limits.

*requiring all third-party advertisements having a fair market value of $500 or more to include the following statement: “Learn more about [name of person] at [Commissioner of Elections’ web address].” Would give voters the chance to review the campaign finance reports filed by the person who placed the ad.

*requiring any third party that spends $500 or more on advertisements during an election period to file a report with the Elections Commissioner within 24 hours of such expenditure.

*enhancing disclosure requirements by requiring entities that contribute more than $1,200 to political action committees or political parties during an election cycle to disclose the name and address of a “responsible party” – that is, someone who shares or exercises direction or control over the entity’s activities. In addition, this bill would enhance and clarify the disclosure requirements for the filing of Statements of Organization by political committees.

In short, the bill tries to break through the wall of protected anonymity which accompanied the Citizens United decision. I agree. It’s time we get back to the honest business of legislators bought and paid for by giant corporations. Mustn’t upset the delicate balance between Comcast and Verizon…

HB 310(Longhurst) increases the fines and frequency of fines related to campaign violations like failing to file finance reports on time. Seems like a little ‘piling on’ to me. For example, current law fines a candidate $50 a month for tardiness in filing their campaign finance report. But, charging them $50 a day, as this bill would do, strikes me as overkill. Simply increase the fine, make clear that a day of tardiness equals a month of tardiness, and be done with it.

Better stop before I get winded. (Shoulda stopped before I got long-winded…) Must keep my dulcet tones intact for today’s Al Mascitti Show,  10 am to noon, where we’ll discuss this stuff, Rev. Derrick Johnson’s appeal, and whatever else strikes our fancy.