General Assembly Post-Game Wrap-Up/Pre-Game Show: Thurs., May 17, 2012

Excellent news, as the Payday Loans bill cleared the Senate Banking Committee yesterday. At least one killer amendment awaits, so it’s up to all of us to contact our state senators (politely), and to let them know that we want them to pass the bill unamended. And, if your senators voted to release this bill from committee, call and thank them.

As predicted, the unintelligible (to me) package of corporate law bills sailed through House committee and is already on today’s agenda. The lobbyist reform bill also cleared committee in the House.

Oh, and the Senate worked a lengthy agenda and passed SB 206(Sorenson), which requires school districts and charter schools to establish a policy on responding to teen dating violence and sexual assault.  A productive legislative day in the Upper Chamber.

Today, the House is in the spotlight. To no one’s surprise, not even John Sigler’s, the House Home Invasion bill tops today’s agenda. After all, from a procedural standpoint, it’s merely a House bill that has returned from the Senate with an attached senate amendment. There will be much political posturing, but, please remember: Rhetoric on behalf of, and in opposition to, HB 277 is merely political theatre. The bill’s sole purpose is to make legislators look tough on crime while not actually doing anything. There are dozens upon dozens upon dozens of statutes already on the books that will put home invaders away, basically, forever. Assuming, of course, that they are caught. While a nice political sideshow, the only place that you will see the impact of this issue is on this fall’s political brochures. The bill we be on the Governor’s desk by the end of the day.

HB 309(Scott) “makes it unlawful for a public or nonpublic academic institution to mandate that a student or applicant disclose password or account information granting the academic institution access to the student’s or applicant’s social networking profile or account. This Bill also prohibits academic institutions from requesting that a student or applicant log onto their respective social networking site to provide the academic institution direct access to the student’s or applicant’s social networking site profile or account.” What Scott and the co-sponsors are doing is recognizing an inherent right of privacy regarding personal information and social media. Good stuff.

SB 285(DeLuca), the watered-down lobbying reform bill, would “generally require lobbyists to disclose the bill, resolution, or regulation on which they are lobbying by making an electronic filing with the Public Integrity Commission within five business days of contact with a relevant public official. For budget appropriations bills and bond and capital improvements bills, the Act requires identification of the subject in the bill being lobbied.” The bill does not require lobbyists to disclose on whose behalf the lobbyists are lobbying. Since that is the most important way to determine who is paying for access and influence, this failure renders the bill close to ineffective. And get this. Senate Amendment 1, which was passed along with the bill, “clarifies that lobbyists would not have to disclose the public official or public employee with whom they were having a direct communication to promote, advocate, influence or oppose a bill, resolution or regulation.”  Got that? This bill does not (a) require lobbyists to disclose on whose behalf they’re lobbying; and (b) does not require lobbyists to disclose who they are lobbying. Other than that, it’s airtight. This, ladies and gentlemen, is what passes for ‘reform’ in Delaware.

The aforementioned ‘corporate law’ package is also on the agenda. Here’s a guarantee: Not one serious question concerning this inscrutable heap of legalese will be posed by a single legislator. Perhaps they don’t want to appear stupid. That Epic Fail has long since occurred, and happens on every single day the General Assembly is in session.

Here’s the complete House agenda.

The Senate agenda also has a couple of interesting bills. SB 190(Peterson) “recognizes the adverse impact of restraining prisoners who are pregnant and its danger to a woman’s well-being during this time. The Bill ensures that a correctional institution does not use restraints on a pregnant prisoner except under very limited circumstances. It also requires correctional facilities to adopt rules to comply with the Act.” Is it fair to say that any ‘no’ vote on this should be met with ridicule? I think it’s fair, so I’ll check out the Senate roll call when and if it’s posted.

SB 209(Ennis) purports to “provide an important tool for combating obstruction of justice by those who would purposely make false statements to law-enforcement during criminal investigations.” Supposedly, “Delaware law-enforcement officers and agencies regularly face witnesses who seek to prevent, hinder or delay criminal investigations by lying with impunity to those officers. This Act closes that gap by allowing for the prosecution of one who intends to obstruct a criminal investigation by knowingly providing a false and material statement to law-enforcement.” I thought we already had laws on the books regarding this, it’s hard to imagine that we don’t, but, hey, maybe we really need this. Or, maybe not. Barristers, what saith thou?

Finally, here’s yet another window into the Delaware Way. Take a look at this seemingly-innocuous House Joint Resolution. At first glance, it merely appears to extend the reporting deadline for a  legislatively-created task force. Hey, stuff happens, and deadlines are extended all the time. So what’s the big deal? Here’s the big deal. Do any of you remember what this task force was originally created to do, and does anyone remember what I wrote about it? Please allow me to refresh your collective memories. From June 21, 2011:

HB 181 (Viola): Looks like a sop to the ‘telephone and telegraph’ industry. Say-y-y-y, isn’t that basically Verizon and COMCAST now? Why do they deserve a tax cut? Is Gov. Markell gonna have his own gig on COMCAST just like Fast Eddie Rendell? Best chance to defeat the bill: Appeal to any and all legislators who have had to wait on the line/been disconnected/and/or had to deal with a moron while trying to avail themselves of COMCAST’s vaunted ‘customer service’. I’d bet that not a single NCC legislator would support this bill if it was based on their own experience. I know I wouldn’t.

And, as if that isn’t enough supplication for one greedy voracious industry, let’s add HJR 3 (Scott) to the equation. HJR 3 creates ‘a Communications Tax Review Group to study and make recommendations for improving Delaware’s taxes and fees applicable to communications providers.’ A couple of ‘Whereas’ clauses from the Resolution reinforces exactly who will benefit from this ‘Review Group’:

WHEREAS, tax policy should encourage investment in communications networks because communications services are vital to the state’s economic growth and competitiveness;

WHEREAS, the burden of collecting and remitting taxes and fees on communications services is borne by providers of such services, and service providers should participate in discussions about restructuring communications taxes and fees…

That’s right, folks, the ’service providers’ will be given the chance to write their own ticket. More proof that the game is fixed. Not that you need any. And, they’re making billions upon billions as it is while providing us with crappy service. Explain to me again why we need to bribe them so that they can make even more billions?

OK, so now we’ve established that I believe this task force was set up for the express purpose of enabling communications services companies to establish the state’s tax policy for themselves. And now the General Assembly has pushed the reporting deadline back until…after the election.

Coincidence? We know better.