Delaware Liberal

General Assembly Post-Game Wrap-Up/Pre-Game Show: Tues., June 24, 2014

Looks like the Proud Know-Nothings will be the biggest winners during the 147th General Assembly. The losers? People who drive Delaware’s roads and people whose jobs depend on making sure those roads and bridges are safe. In other words: You. Another winner: The owners of the racinos who have mismanaged their Own Private Monopoly. I really didn’t think this would happen, and, I must admit, I’m almost stunned that the General Assembly would choose political expediency over our deteriorating infrastructure.

No, the Governor is not exempt from criticism. Far from it. This governor (a) waited until an election year to play a game of chicken on infrastructure spending; (b) likened the need to continue our ongoing periodic road maintenance program to swallowing bitter medicine rather than pointing out the benefits to our state’s economy from having those great construction jobs; and (c) decided to (pardon the expression) muddy the waters by making this a two-fer with a proposed clean water initiative. Horrible messaging, horrible staff work.

Still, I never expected the Delaware General Assembly, by dint of deliberate inaction, to blow (at least) a $70 million hole in the annual transportation capital budget. $70 million less spent on keeping our roads and bridges drivable in FY 15 than was spent in FY 14. (Well, maybe $60 mill, should the Honorables hike weekend tolls on Rt. 1.)  This is blatant dereliction of duty. From the ridiculous (Valerie Longhurst proclaiming that she simply won’t allow a gas tax increase) to the equally-ridiculous (Greengrocer Hocker claiming that, since the D’s can’t pass this by themselves,  he’s not going to ‘help’ them). Never mind everybody who drives in this state who will suffer the consequences. I’ve been around a long time. This Profile in Cowardice ranks near the top of the most cynical gestures ever to emerge from Dover. When the roads become pockmarked, you know who to blame. Call them on it. And if you live in one of these idiots’ districts, and you have the chance, vote against them.

While ignoring public safety, the Honorables appear poised to provide another $10 million to help bail out the bad business decisions made by greedy racino millionaires who were literally given licenses to steal by the State. Who could possibly argue that our legislative luminaries have their priorities in order? Looks like we’re headed towards a horrible conclusion to what has generally been a good legislative session.

Here’s last Thursday’s Session Activity Report. While Rep. Kowalko’s legislator-to-lobbyist ban passed the Senate, Sen. Blevins passed an amendment weakening the bill by changing the effective date from 2015 to 2017.  In other words, those ‘Honorables’ who depart the Hallowed Halls this November can become lobbyists right away. Effectively cutting losers and retirees a nice financial break. That part of the bill is bad public policy.

Legislation completely reforming the Medical Examiner’s Office passed the Senate.  This may be a first: Two no votes, Bonini and Peterson. I wonder if there had ever been a vote when these two political opposites cast the lone no votes. OK, I’ve stopped wondering. Because now I know.  And, as usual Karen Peterson raises a substantive issue: Under the bill, the new Medical Examiner’s Office would be under the Department of…Public Safety and Homeland Security. That’s right. The same Department in charge of the State Police would now oversee all of the forensic testing. What could possibly go wrong? House Speaker and former state cop Pete Schwartzkopf dismisses the potential conflict-of-interest:

“It’s had absolutely no oversight,” Schwartzkopf said. “We have a guy in control who wasn’t overseeing anything except for trying to make more money for himself. These cops risk their lives doing undercover, making buys from really badass people only to have it screwed up by a bunch of clowns up there who should be in jail.”

And some cops plant or steal evidence and otherwise influence the direction of cases as well. They no longer have to fear, of they ever had, independent oversight. And, I’m sorry, but Gov. Markell’s defense is weakweakweak:

“I have great respect for Secretary [Lewis] Schiliro,” Markell said of his Homeland Security secretary, who has pushed the move. “I trust his judgment.”

As if Schiliro will be Secretary forever. And as if this should provide any reason for confidence. Does anyone really think that any secretary would go after cops under the Department’s purview? And does anyone really think that this lab would adopt the uncovering of police planting or stealing evidence as one of its principal missions?

Oh, and lest anyone think that an agency investigating its own is immune from partiality, let’s look at the FBI, whose lab work has been praised by proponents of this bill:

“It should be no surprise that when law enforcement agencies investigate themselves, they find no wrongdoing — especially since a study of the FBI’s internal investigations found that they cleared themselves of wrongdoing in 150 out of 150 fatal shootings. With that track record, the public can’t be confident in the integrity of an investigation with this predictable outcome,” said Howard Simon, executive director of the ACLU of Florida.

Look, I understand the need for a bill and the desire to pass it swiftly. There were disastrous problems uncovered at the Medical Examiner’s Office, and right now there’s a void. But there really needs to be some independence of the office from the state cops. Otherwise, there will be even less reason to trust the impartiality of justice as meted out in this state. The bill can still be amended to provide some independence from the state police. It should be.

Today’s Senate Agenda  kicks off with the Budget Bill.  Did anybody do their weekend homework by reading the Epilog Language? Me neither. But you should. There’s almost always sneaky stuff buried there. BTW, there’s a Senate Finance Committee meeting today where the committee will consider a 1% annual pensioners’ increase. I’m a pensioner. I’m a ‘yes’ on this bill.

Andria Bennett’s ‘revenge porn’ bill leads off the House Agenda.

Legislation providing more revenue sources for voluntary ambulance services will be considered. In a vacuum, per usual.

An updated midwifery bill is on the Agenda. It should pass, but probably won’t.

Buncha Sunset bills on the House Agenda as well.

The bill reforming forensic medicine and the medical examiner’s office is on the fast track, and on today’s House Agenda. After a committee meeting earlier in the day. Kids, get to know these initials: MTSR. It means “Motion to Suspend Rules”, meaning a bill can bypass committee consideration and can be considered regardless of what would ordinarily be permitted under a Chamber’s rules. This often happens during the last week of session, where there are rules, but the rules can easily be broken. Sometimes, bad stuff sneaks through. Might even happen today. Be vigilant.

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