Why the House wants to legalize hemp but not pot


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hemp pantsAs far as plant species go, hemp and marijuana are pretty similar. They are cousins, if you will, in the cannabis family. But as far as products go, they are vastly different. Marijuana is consumable, and gives people a buzz not unlike alcohol. Hemp is indigestible, and used to make rope and fabric. There is a massive underground market for marijuana in Rhode Island, as everywhere in America. Hemp products are already legal but there is little market demand for them.

There are separate bills before the General Assembly that would legalize production of marijuana and hemp, which brings us to the only difference that matters on Smith Hill. Bill Murphy, a former House speaker and close personal friend of current Speaker Nick Mattiello, is a paid lobbyist for hemp, and not marijuana.

“I support the hemp legislation because it has potential to create a new industry, develop jobs and boost our economy,” Mattiello told RI Future. “This is not marijuana. The product is not used for illicit drug purposes.”

Indeed, last week the House passed the hemp bill but took no action on the marijuana bill. It was introduced by Rep. Cale Keable, a close ally of Mattiello’s, who told the Providence Journal he introduced the legislation, at the behest of Murphy, without first formulating an opinion on it. “Bill and I talked about the merits of hemp and the things it could be used for … He asked me if I would be willing to introduce this, and I said I would,” Keable told the Providence Journal. “I don’t really have an opinion on it. I don’t know if it’s a great bill, a good bill or a bad bill.”

With the Senate poised to consider the hemp bill this week, Jared Moffat, director of Regulate Rhode Island, a group that has lobbied hard for Rhode Island to become the first East Coast state to legalize marijuana, thinks the General Assembly is moving the wrong bill.

“They are on the right path, but they are using the wrong vehicle,” he told RI Future. “Meanwhile, the right one is sitting idle.”

The tax and regulate bill also allows for hemp farming, Moffat said. It “presents a more comprehensive and effective alternative to prohibition for Rhode Island. It is primed and ready to move forward,” he added. “The key to getting it running? Speaker Mattiello, who simply needs to call it for a vote.”

Moffat said legislators are doing wrong by Rhode Island’s economy ignoring the tax and regulate bill this session.

“Our leaders in Providence continue to stress the importance of focusing this session on economic development and job creation,” he said. “Regulating and taxing marijuana like alcohol would foster the growth of new businesses that would create countless new jobs and utilize the products and services of other local businesses. Passing the law this year would also allow Rhode Island to better position itself as a regional leader in this emerging market and more quickly begin raising tax revenue on the marijuana sales that take place every day in every city across our state.”

Obama joins chorus calling for payday loan reform

obama payday loan
President Obama speaking out against payday loans in Birmingham, Alabama.

Look around any impoverished neighborhood in Rhode Island and you’ll easily find a neon sign above a storefront offering a payday loan. This is what legalized loan sharking looks like.

Such stores have sprung up all over the poorest parts of Rhode Island since the legislature passed an exemption to state usury laws in 2001. Payday loans are illegal in every other New England state. But where they are legalize, they are extremely popular – there are more payday loan stores in the United States than McDonalds, Home Depots and Walmarts combined.

Inside these stores, desperate poor people with few other options – and certainly none so neon and readily found – buy quick cash in exchange for usuriously high interest rates. In Rhode Island, the General Assembly allows payday lenders to charge up to 260 percent annual interest while every other type of lending is capped at 36 percent.

Only 2 percent of payday loans get paid back on time, and in Rhode Island the average borrower will need 8 additional payday loans to pay the first one off. Those who turn to payday lenders are twice as likely to eventually file for bankruptcy.

The Rhode Island Coalition for Payday Lending Reform, led by community activists Margaux Morrisseau and Rev. Don Anderson, has waged a high profile campaign to reform predatory payday loans in recent years and a 2012 Public Policy Polling survey found that three-fourths of Rhode Islanders want them reformed.

Providence Mayor Angel Taveras and Treasurer Gina Raimondo at a recent panel on payday loan reform, an issue they both supported.
2012 press conference on payday lending reform.

Governor Gina Raimondo has been a strong advocate.

“She believes we need to protect Rhode Islanders from predatory lending practices, and supports developing alternatives to create access to fair, responsible, low cost alternatives for borrowing,” said Raimondo spokeswoman Marie Aberger yesterday in an email.

Raimondo was more blunt at a 2012 press conference. “It’s a predatory product,” she said then. “People need to know about the dangers of payday lending so they can take care of themselves. Everyone needs a loan once in a while and you ought to be able to do it in a way that is safe and reliable and doesn’t trap you.”

Despite bipartisan support from 80 legislators in both legislative chambers, House Speaker Nick Mattiello won’t allow the General Assembly to vote on the bill. His personal friend and poltiical ally, former Speaker Bill Murphy, is a paid lobbyist for the payday loan industry. It’s really that simple. Two powerful people, Mattiello and Murphy, are preventing the people of Rhode Island from ending this predatory practice.

But as of yesterday Mattiello and Murphy, nominally Democrats, have yet another adversary in their quest to defend payday lenders instead of impoverished Rhode Islanders. President Barack Obama joined the chorus against this predatory practice yesterday in announcing the Consumer Financial Protection Bureau will increase federal regulations of payday lending.

Speaking in Birmingham, Obama said, “You’ve got some very conservative folks here in Alabama who are reading their Bibles and saying, ‘well that ain’t right.’ The Bible’s not wild about someone charging $1,000 worth of interest on a $500 loan.”

Payday loan reform is also a bipartisan issue here in Rhode Island. House Minority Leader Brian Newberry is a lead sponsor of the reform bill and yesterday new GOP executive director Luis Vargas tweeted, “horrible, horrible businesses that prey on those in poverty. We definitely need to get rid of payday lenders.”

Obama said reforming payday loans is part of his middle class economy agenda. “One of the main ways we can make sure paychecks go farther is to make sure working families don’t get ripped off,” he said.

The CFPB proposes to limit the number of consecutive payday loans and require some credit verifications. But these protections aren’t air tight, according to a press release from the RI Coalition for Payday Lending Reform.

The proposal unveiled today by the Consumer Financial Protection Bureau takes an important step toward reining in a wide range of abusive lending products but also includes a gaping loophole that in essence puts a government stamp of approval on unaffordable back-to-back loans with interest rates that average near 400 percent. The RI Coalition for Payday Lending Reform urged the CFPB and Director Cordray to reconsider and leave this loophole out of the rule.

The proposed affordability standard, which is smart, fair and flexible, would require small-dollar lenders to do business the same way we expect responsible banks and mortgage lenders to – by making good loans.

If adopted, this simple change would end the cycle of debt that is the business model of payday lending, where 75 percent of all fees are generated from borrowers who take out more than 10 loans a year.   It would strengthen access to good credit for consumers who need it and give responsible lenders a fighting chance to compete, thrive and profit in a fair environment.

But sanctioning even one abusive loan, let alone six, will keep responsible lenders out of the marketplace and open the door to the kinds of creative manipulation of the rules that payday lenders have a history of using to exploit loopholes and continue business as usual.

After all, these are the same people who managed to circumvent the Department of Defense’s efforts to cap loan rates to members of the military by, for example, making loans for three months and a day to get around rules governing three-month loans.

Along similar lines, in Ohio, when payday lenders became subject to a rate cap the lenders simply changed their names, calling themselves mortgage lenders to skirt new rules.

As the Bureau moves forward to protect consumers, The RI Coalition hopes that it removes the “look-the-other-way,” standard for the first six loans and applies a strong affordability standard to the first loan and to every loan.

Only with consistent, airtight standards that require loans to be affordable will protections work to stop debt trap lending, keep hard-working Americans from being lured into financial quicksand, and maintain and grow a strong, responsible, low-dollar loan market.

At the same time, states must continue their work to enact and enforce what the Consumer Financial Protection Bureau cannot –rate caps that end usury once and for all.

The CFPB can’t change the interest rates states set for payday loans. In Rhode Island, it seems only Mattiello and Murphy can do that.

Private sector debt dynamics don’t explain RI economic slide


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The central contention of the real Democratic movement in Rhode Island is probably this: Since the right-wing Democrats rose to power under Bill Murphy in 2003, their bad economic policies have driven our economy into the ground. But one niggling alternate possibly has always bothered me. It’s boring and wonkish. It’s also easily checked by looking at the data. And it turns out it’s wrong.

To understand what I’m talking about, we need a little background into the theory of the 2008 economic crisis that’s become broadly accepted, especially among economists affiliated with the Democratic Party.* (Republican economists have some alternate theories, most of which I find pretty kooky.) The basic story is that 2008 was an old-school private sector debt crisis. Private sector debt had risen much higher than public sector debt. (The exact figure depends a lot on how you count.) Most of the debt had piled up in the business sector, especially the banking sector, but there was still an awful lot of debt in the hands of ordinary American families, mostly in the form of mortgages.  It was a lot of debt.

Since World War 2, one of the main drivers of aggregate demand in the economy had been an accelerating accumulation of private sector debt. In the 1908s, as public policy grew more conservative, this debt accumulation began to accelerate even faster, supported by an expanding housing bubble.

Unfortunately, the private sector can’t accumulate infinite amounts of debt forever.

When the housing bubble partially popped, households realized their debt loads were too high, and they began paying them down. Instead of spending that money on consumer goods, they paid down debt. This resulted in a massive crash in aggregate demand and a big economic crisis. To make things worse, the federal government hadn’t been providing enough stimulus to support growth, and the economy had been relying on private sector debt to prop it up. So the recovery was pretty slow as the private sector continued to pay down its debt without much help from the government. Now that the private sector has started going into debt again, we’re seeing growth pick up a bit.

Anyway, this is important because it explains why a lot of states had particularly bad experiences in the crash. States like Nevada and California (and to a lesser extent Florida and Arizona) had abnormally high debt loads, and their residents paid down an abnormally large amount of debt. They wound up with abnormally bad crashes.

The textbook case is Nevada. In Nevada, households reduced debt by the most of any state, with the average resident paying down $26,300 from the end of 2008 to the end of 2013. For comparison, the US average was $6,100. Naturally, Nevada’s crash was especially severe, arguably the worst in the country. Now that Nevada’s household debt load has come down to about the US average, and Nevada residents have stopped paying down debt abnormally fast, the state economy is doing a lot better.

Private sector debt, then, can have a big effect on state economies. So I’d always wondered: could Rhode Island have had an abnormally bad crash not just because of right-wing policies but also because of an abnormally high private sector debt load?

When a recent Boston Fed paper mentioned state-level debt statistics, I wrote to the author, Mary Burke, and she helpfully pointed me to a dataset maintained by the New York Fed. Apparently, the New York Fed has been keeping statistics on state-by-state household debt, with the full data series starting in 2004 (before then, they didn’t track student loan debt). Now, they don’t necessarily count all household debt, but they do count mortgage, auto, credit card, and student loan debt, which together cover the vast majority of household debt.

For the purposes of this piece, I’m going to treat the sum of those four sources as total household debt, which isn’t 100% correct but comes close. There’s one other niggle about this dataset. It only counts state by state statistics in the forth quarter of each year, so when I cite years, I’m not talking about a yearly average. The 2014 forth quarter numbers aren’t out yet, so the latest data come from more than a year ago and don’t really capture the recent return to household debt accumulation.

UnindexedDebt copySo does Rhode Island have an unusually high debt load? And did we have to pay down an unusually large amount? No and no. In fact, Rhode Island’s peak debt of $48,200 was virtually identical to the national average of 48,100. We reduced debt by only $5,500, which is a little less than the $6,100 national average. So debt cannot explain our abnormally bad crash.

IndexedDebt copy

What debt can partially explain is the relatively good performances of our neighboring states. Massachusetts and Connecticut have quite high debt loads, but that at least partially reflects their high per capita income. And relative to the 2008 peak debt, the other states in our region reduced their debt loads a lot less than Rhode Island. This helps explain why our region is doing better than the country as a whole. And it helps explain why we lag behind our neighbors.

But it does not explain why we lag the nation. For that, we really need another explanation. And the right-wing economic policies of the conservative Murphy machine fit the data best.

*The extent to which this theory is fully accepted among Democratic economists is a bit complex.  Although it started in a school of thought somewhat to the left of the mainstream, most prominent Democratic macroeconomists have adopted some version of it.  The basis of this theory was developed to explain the Great Depression by Hyman Minsky, probably the most important founder of the post-Keynesian school of macroeconomic thought.  (Minsky has a bit of a Rhode Island connection.  He taught at Brown for a while, and he married a Rhode Islander.)  It was later fleshed out by other post-Keynesians, who predicted that the ever increasing private debt would lead to a crash.  Broadly speaking, the post-Keynesian movement represents the ideological space to the left of the neo-Keynesians and to the right of the socialists, Marxists, and radicals.  Although it’s fully contained within the free market tradition, it tends to generate a lot of scorn from neoclassical economists.  Since the crash, however, post-Keynesians have been gaining prominence within the Democratic Party’s policy universe.  For instance, prominent post-Keynesian economist Stephanie Kelton was recently appointed the chief Democratic economist for the Senate Budget Committee.  Some post-Keynesian ideas remain the subject of fierce debate, but the private sector debt theory of the 2008 collapse has been adopted by more mainstream economists, including Gauti Eggertsson, who is probably the most famous macroeconomist in Rhode Island.

Next House speaker: Anybody but Mattiello


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gordonfoxGordon Fox always struck me as a sincere guy who somewhat struggled with the onus of power in a game that many believe is won through fear rather than love. Whatever he may or may not be in trouble for, I wish him the best.

But Gordon Fox in no way, shape or form represented the progressive – or even the liberal – wing of the Democratic Party and I also sincerely hope his political demise leads to less conservative leadership in the state legislature.

MattielloThis would not be the case if Nick Mattiello is the next speaker of the house. He’d be the fourth-consecutive conservative Democrat to lead the House and was put in place to inherit the gavel from Fox by speaker-turned-lobbyist Bill Murphy.

Progressives would much prefer Pawtucket’s Paddy O’Neill replace Gordon Fox as the most powerful politician in the Ocean State. O’Neill is more liberal, he’s more open-minded, he’s more liked and he’s more respected. And perhaps most importantly, he isn’t connected to the current leadership team that has effectively been in place since John Harwood made a deal with Republicans to become the speaker.

Mattiello, a Cranston lawmaker, is one of the more conservative members of the House, a legislative chamber dominated by fiscal conservatives and social moderates whose party affiliation often belies their political leanings. Philosophically speaking, Mattiello seems no more or less liberal than his GOP counterpart Brian Newberry, and Newberry has surely been more open-minded to progressive ideas than Mattiello.

Often conservatives (and even sometimes liberals!) will rail against “70 years of Democrats in control” in the state legislature. But it’s hard to argue that the Gordon Fox era hasn’t been defined by conservative policy. During his tenure as speaker and majority leader before that, he backed tax cuts to the rich, financial cuts to struggling cities and programs for the developmentally disabled as well as nearly across the board austerity except when it came to corporate interests and Curt Schilling. Nationally, Fox is known as the openly gay legislator who pushed for civil unions before same sex marriage and/or as the Democrat who sponsored a Voter ID bill.

But progressive ideology aside, I think it’s high time Rhode Islanders demand a change to the leadership team in the House of Representatives.

Any and all Rhode Island political insiders will happily proclaim the speaker of the House to be “the most powerful person” in the Ocean State. But ever since self-proclaimed conservative Democrat John Harwood captured the speaker’s gavel by striking a deal with Republicans, the most powerful position in state politics has been awarded based more on loyalty than ability.

Former Speaker of the House Bill Murphy is a lobbyist who opposes payday lending reform. (photo by Ryan T. Conaty. www.ryantconaty.com)
Former Speaker of the House Bill Murphy is a lobbyist who opposes payday lending reform. (photo by Ryan T. Conaty. www.ryantconaty.com)

As Scott MacKay of RINPR reported yesterday, “Longtime Speaker John Harwood seamlessly passed the leadership to William Murphy, D- West Warwick. Harwood and Murphy later had a falling out, but it occurred only after the speaker’s gavel had changed hands without a battle royal. Then in 2010, when Murphy thought it was time to leave, the transfer of power to Fox was greased.”

Indeed, MacKay says Mattiello was set up to inherit the speaker’s gavel from Fox when Murphy handed it off to him. “The only thing that some House observers noticed that Murphy made taking Mattiello as  majority leader a condition of support for Fox,” he wrote. “Fox may be a bit rueful about that arrangement after yesterday’s events.”

Fox may well be rueful. But Murphy, now a lobbyist who represents the NRA and payday lenders, probably is not.

Neither may be Frank Anzeveno, who has served as chief of staff to the speaker since Harwood, and he would likely retain this job if Mattiello gets his way. Anzeveno infamously has a small placard on his State House desk that reads, “No better friend, no worse enemy.” And more than anything I just think the next speaker of the house would do well to be a little less Machiavellian.

The Murphy Effect: Why I was wrong About Carcieri


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Former Speaker of the House Bill Murphy is a lobbyist who opposes payday lending reform. (photo by Ryan T. Conaty. www.ryantconaty.com)
Former Speaker of the House Bill Murphy is a lobbyist who opposes payday lending reform. (photo by Ryan T. Conaty. www.ryantconaty.com)

When I was younger and more naive, I wrote a post on these humble pages blaming Don Carcieri for our state’s sudden turn to right-wing politics, austerity, and high unemployment.  I called it “The Carcieri Effect.”  I got quite a bit of flack for writing that.  As critics pointed out, the governor does not have a whole lot of power in Rhode Island, and the real power lies with the General Assembly, especially the House of Representatives.  To a great extent, my critics argued, it was the Democrats in the state legislature who pushed those policies.

They were right, and I was wrong.

What originally led me to think Carcieri was responsible was that 2003, the year he took office, was the year when we turned the corner and began to fall behind.  That really is true.  But something else happened in 2003, something far more important.

Bill Murphy became House Speaker.

A conservative Democrat from West Warwick, Murphy was the man who proposed the tax cuts for the rich and got them passed.  Carcieri may have played a role, but he was not the main factor.

As Steven Stycos wrote in the Phoenix at the time:

Murphy’s election, combined with the victory of Republican Governor Donald Carcieri and the 2000 ascension of state Senator William Irons (D-East Providence) to Senate majority leader (and soon to the newly created position of Senate president) gives Rhode Island its most conservative state leadership in more than a decade.

It was not the Carcieri Effect.  It was the Murphy Effect.

Bill Murphy representing former state senator accused of embezzlement


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Former Speaker of the House Bill Murphy is a lobbyist who opposes payday lending reform. (photo by Ryan T. Conaty. www.ryantconaty.com)
Former Speaker of the House Bill Murphy is a lobbyist who opposes payday lending reform. (photo by Ryan T. Conaty. www.ryantconaty.com)

Bill Murphy, the right-wing former House Speaker, the lobbyist for the gun people and the payday lenders, and the man at the center of Rhode Island’s conservative movement, is standing up for one of his own.  He’s defending Patrick McDonald.  McDonald, the former South County state senator who was defeated by Jim Sheehan in 2002, is perhaps most famous for topping the unpaid campaign fines list.  For not making the required financial disclosure statements, the Ethics Commission slapped him with another fine.  Now, he’s facing embezzlement charges.

Also representing McDonald is Norman Landroche, a right-wing former representative from West Warwick.  Let me be clear:  I have no problem with conservative ex-politicians representing another conservative ex-politician.  Nor do I think it is fair to assume that McDonald is guilty, since we really do not know.  What really impresses me about this story is that it provides a tiny glimpse into the often-hidden world of the right-wing Democratic* machine that runs our state.  It reveals a surprising feature of the Rhode Island right, one vital to their unparalleled success–the deep network of strong personal loyalty that binds them all together.

It would be easy for the right to get bogged down in personal fights, for vendettas and drama to seethe beneath the surface, occasionally exploding across the pages of newspapers and blogs.  During the tumultuous period from 2002 to 2004, when Bill Murphy rose to power, there was ample room for a divided coalition to emerge.  Instead, the conservative movement grew even tighter.

When John Harwood resigned the speakership under the cloud of scandal, he is widely understood to have pulled the strings to have Bill Murphy to replace him, with Murphy’s core support coming from Harwood’s right-wing committee chairs (like Brian Kennedy, who is still in power today).  Crucially, Frank Anzeveno, Harwood’s chief of staff, kept his position as the Speaker’s top aide.  Gordon Fox, who had served as Harwood’s Finance Chair, became Majority Leader.  Deputy Whip Rene Menard moved up to Whip.  The core team remained in place.  In a feature from the Phoenix, Steven Stycos quotes one of my favorite representatives, who sums it up perfectly:

Voicing an opinion shared by many others, state Representative Edith Ajello (D-Providence) says Murphy and Fox “are not outsiders, they’re insiders.” And she adds that their election has “the appearance of a hand off” from Harwood.

So when Harwood backstabbed Murphy, deciding he wanted the Speakership back, and Murphy said no, the stage was set for an epic battle, one that threatened to rip apart the Rhode Island right in a fury of nasty, internal squabbles.  Instead, Frank Anceveno remained loyal to Murphy.  The team closed ranks.  Harwood’s bid fizzled.  Providence conservative John DeSimone became the face of the leadership challenge.  The challenge met with relatively little support, although it gained steam when Menard endorsed it in August.  But only a few weeks later, when Paddy O’Neil defeated Harwood in a primary challenge, the revolt died altogether.  When the dust settled, Murphy, Fox, and Anceveno were safely enthroned as the leaders of one of history’s most successful political movements.  Relatively unimpeded by internal squabbles, aided by a friendly Senate and Governor, the House conservatives were able to pull off a bold, audacious, improbable goal–the imposition of much of the national Republican Party’s agenda in an incredibly liberal state.  The rich got their tax cuts.  Government jobs were cut to the bone, giving our state the second lowest percentage of public sector employees.  To help protect local conservatives and give ammunition to national Republicans, they passed the voter ID law.  Unsurprisingly, Rhode Island’s economy collapsed.  (For more, I suggest reading this blog.)

It would have been easy to pursue retribution, but Murphy’s team largely folded DeSimone into the machine.  Although DeSimone mounted an unsuccessful challenge when Fox succeeded Murphy, Fox was quick to mend fences.  Murphy even got the state to reimburse Harwood for the money he spent defending against an ethics complaint.  Menard remained on the outside as a principled, if very conservative, critic of leadership until moderate Mia Ackerman defeated him in 2012.  Charlene Lima, a Cranston moderate and Harwood critic who been brought on as Deputy Whip in a concession to the sensible wing of the House, left leadership to become one of its most strident and passionate opponents.  But Lima was never part of the conservative establishment.  Inside the core right-wing network, there were very few defections.  They all became Murphy men.  (Or in rare cases, Murphy women.)

None of this would have been possible had the conservatives not bound themselves together in a web of friendship and loyalty.  I may fundamentally disagree with their politics.  I may fundamentally disagree with their ethics.  I may fundamentally disagree with how they use their power to squash dissent.  I may fundamentally disagree with how they have governed Rhode Island.  But I have to respect their personal loyalty.  Without it, even with their undisputed political talents, they would never have been able to get as shockingly far as they have.

So I am not angry that Murphy and Landroche are representing McDonald.  Indeed, it speaks to one of their (few) good qualities.

*In fairness, I should note that the machine is somewhat bipartisan–by all accounts, the lobbyist Bob Goldberg, a former Republican senator, plays a vital role.

Why payday loan reform didn’t pass: Bill Murphy


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Former Speaker of the House Bill Murphy is a lobbyist who opposes payday lending reform. (photo by Ryan T. Conaty. www.ryantconaty.com)
Former Speaker of the House Bill Murphy is a lobbyist who opposes payday lending reform. (photo by Ryan T. Conaty. www.ryantconaty.com)

Margaux Morisseau, who has led the unsuccessful yet good-intentioned fight for payday lending reform in Rhode Island the past three years says she is growing weary of the legislative process. But, she said, she certainly isn’t giving up.

“I’ve come to believe elections really matter,” she said. “A lot of the real work gets done during the campaign when people are worried about reelection. We’re planning our next steps soon. It’s time for us to come back even stronger.”

While Morisseau put together a powerful coalition of more than 50 influential groups and individuals, it wasn’t enough to out-influence the highest paid lobbyist in Rhode Island: former House Speaker Bill Murphy, who was paid more than $100,000 to kill the bill that would have reigned in these predatory high-interest loans.

After a late session meeting with House leadership and lobbyists from both sides, she thought they had a less-than-perfect compromise worked out that would have left interest rates alone but would have prevented borrowers “from taking out one loan after another.”

But, she said, “the other side dragged their feet. They were trying to run out the clock.”

Then on the last day of the session Bill Murphy and the payday loan sharks he represents simply said no to the compromise.

“Their opinion was the veto of the bill,” she said. “Bill Murphy is the highest paid lobbyist in the state for a reason.”

And his influence seemed to extend well beyond the House chamber. Morisseau wasn’t able to even get a meeting with, let alone the support of, any of the state-level office holders except Treasurer Gina Raimondo, who has been a stalwart opponent of the predatory practice.  Governor Linc Chafee has not committed one way or another.

Payday Lenders Hire Power Broker Bill Murphy


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Former Speaker of the House Bill Murphy (photo by Ryan T. Conaty: ryantconaty.com)

One of the most interesting battles going on in the state house this year is over the fate of the “payday lending” industry. Payday loans are short-term loans, typically arranged something like this: I loan you $100 now in return for $110 taken from your next paycheck in a couple of weeks.

This sounds good, unless you do the math and notice that this works out to about a 260% annual interest rate.  If you don’t, it’s likely enough that in two weeks you’ll ask for an extension, and it only takes a couple of dozen like you and suddenly my business is booming.  And there are a lot more customers than that around here.

It wasn’t legal to charge interest rates that high until an exception to usury laws was carved out for check-cashing businesses in 2001. According to Margaux Morisseau, who is spearheading the effort to repeal this exception, payday lenders in Rhode Island now write over 140,000 of these loans each year, totaling $50 million, the bulk of which are written by Advance America, based in South Carolina, and Check ‘n Go, nominally based in Ohio, though it might be controlled by partners based in Texas or London. You can admire the process at rhodeislandpaydayloans.com. My favorite quote:

“When it is due date of your RI payday loan, the loan amount and the service charge will be automatically debited against your pay check. An extension of your RI cash advance is also possible by paying an extension fee.”

There are a couple of interesting points to the story (beside the lack of proofreaders for web content). First, it is consistently astonishing to me both how profitable it can be to exploit poor people — and how many financiers are eager to do so. After all, a huge amount of the financial carnage of the 2008 meltdown was built on liar loans and various kinds of mortgage fraud aimed at sucking wealth from low-income families who hoped to afford a home. (And no, the Community Reinvestment Act had nothing to do with this, as you’ll doubtless read in uninformed comments.)

Obviously there is a risk associated with these kinds of loans, but even assuming a generous loan loss provision, we’re talking about more than doubling one’s investment each year. These are returns investors in more, um, traditional businesses can only dream of.

There’s a bill in the Assembly that would repeal this exception and limit interest to 36% — still awfully high, but in the range that banks charge on some credit cards.  Morisseau has put together an impressive coalition to push it, and Representative Frank Ferri and Senator Juan Pichardo have been very energetic sponsors. Morisseau and Ferri found 50 co-sponsors out of 75 members for the House Version, and she and Pichardo got 25 out of 50 in the Senate. Sounds like a slam-dunk, right?

Wrong. On the other side, Advance America has retained Bill Murphy, the recently retired Speaker of the House.

So what can a retired Speaker do in the face of 50 house members who oppose him?  Sure he knows where a lot of bodies are buried, but what can he possibly hold over so many people?  How is this a fair fight?

Here’s how it works. Murphy’s services are not provided gratis to Advance America. They are paying him $50,000 this year, according to the Secretary of State’s web site. How much work will that entail?  A bunch of phone calls and a handful of meetings. Nice work if you can get it.

And you can get it if you try — so long as you’re a current member of the House or Senate leadership. If Bill Murphy can prove to Advance America that he’s worth $50,000 a year for almost no work, then Speaker Gordon Fox or Majority Leader Nick Mattiello or even Corporations Committee Chair Brian Patrick Kennedy can justifiably claim to be worth the same amount to lobbying clients who happen along after they retire from the House. In other words, killing a bill like this on Bill Murphy’s say-so is key to a big payday for them down the road. Preserving a system that benefits Murphy is the way to keep the trough full at which they might hope someday to feed.

Of course, there are lobbyists who do real work for their money — arranging testimony, doing research, preparing press campaigns — and some of those are even ex-legislators. But the real money is in having a name that can make things happen despite how many are on the other side.

Now in fairness, I have no idea whether Fox, Mattiello, or Kennedy hopes to cash in on their service in this way, and in all likelihood, neither do you. But a very compelling indicator of whether they do is if this bill — sponsored by two-thirds of the House — gets out of committee and onto the House floor for an actual vote. Are the people who control the agendae of the House and Senate interested in a democratically run General Assembly, or is their interest in preserving the system by which ex-legislators profit handsomely from what was, in theory, public service?

Appendix:

For comparison,

Dan Connors, former Senate Majority Leader

George Caruolo, former House Majority Leader

Stephen Alves, former Senate Finance Chair