General Assembly Post-Game Wrap-Up/Pre-Game Show: Thurs., June 14, 2012

Filed in National by on June 14, 2012

Hoo boy, we’re gonna have us a (figurative, one would hope) Shoot-Out At the Not OK Corral today. The Sheriff of Nuttingham and his Posse Comatosis will finally have to, um, face the law(makers). Thass raht. HB 325(Schwartzkopf) occupies the Top Gun position on today’s Senate agenda. It’ll pass, and I don’t think it’ll take Gov. Markell too long to sign it. Leaving only the  question: Will Sussex County’s self-proclaimed top lawman honor the law of the land?

And that’s not the only big showdown in Dover today. Guess what tops the House Agenda? SB 205(Ennis), which has been discussed, praised and vilified here. To me, the math is simple. If Democrats adhere to the core principles of what made the Party great, the bill will pass. If not, the special interests, Rob Tunnell and his ilk, will win. I intend to hold them accountable either way, and I hope you will as well. If you support the bill, (politely) make that phone call, or  e-mail, urging your legislators to support the bill. In case you’ve forgotten, here’s what this modest bill would do:

SB 205(Ennis) seeks to keep the (manufactured housing) tenants at least even with Goliath. It would provide that, if an owner desires to raise the average rentals charged to homeowners in a manufactured home community more than the increase in the Consumer Price Index For All Urban Consumers for the preceding year, the owner must seek approval of the Governor’s Advisory Council on Manufactured Housing. The bill would enable the Council to consider information provided by the landlords that would warrant an increase above the increase in the CPI. The bill would essentially take the arbitrariness away that had enabled landlords to suddenly impose huge rent increases with no warning. In other words, this bill seeks to protect 30-45 thousand people who live in Delaware, and live in fear that they can be uprooted at any time. The landlords would still get their increases, they could even be higher than the CPI if they can justify them.

This bill passed the Senate with the bare minimum of 11 votes. I have been told that many senators considered this a ‘free’ vote b/c they think that it will not pass the House. They probably think that it (a) will not come to a vote; or (b) a killer amendment will be added. After all, you don’t have to kill Bambi, you just have to starve Bambi. The House has 26 D’s and 15 R’s. In other words, if Democrats truly represent a Democratic constituency, there’s no reason the bill can’t pass.

Well, one key bill, one which clearly rattled the pro-Charter education establishment, was tabled in committee yesterday, in favor of a comprehensive review of Delaware’s 1995 charter school law. While I’m disappointed that the bill didn’t move forward, I’m not really certain if that was the ultimate intent of Rep. Earl Jaques, the bill’s prime sponsor. There are worthy reasons to introduce legislation other than trying to get it passed. One such reason, and I think this bill has served the purpose, is to create an action-forcing mechanism to move an issue forward. And that’s what Jaques has done here. I think it’s time someone said it: Jaques is a damn fine legislator.

The gun-nut ignoramuses, led by shootin’ range owner Sen. Dave Lawson(Rethug-Mary-Del), defeated legislation that would have made permanent the Community Firearms Recovery Program. Is there a lobbying organization with more blood on its hands than the National Rifle Association, and its local ally, the Delaware Sportsmens’ Association? Lawson argued that collecting these firearms was just a drop in the bucket, but , of course, didn’t mention that the successful lobbying by the pro-gun lobby is the reason why it’s so hard to stem the flow of unfettered firepower. And, psst, don’t tell anyone, they like the idea of carnage in Wilmington.

The Senate unanimously passed HB 317(Schooley), which will lead to the creation of a ‘learning readiness tool’ to make sure that those entering kindergarten are ready and able to learn. The Senate also passed SB 212(DeLuca), which provides for electronic publication of notice requirements for procurement bids, agency meetings, and public hearings. Good bill, about time.

Here’s yesterday’s entire Session Activity Report.

It’s not just The Jeff Christopher Show in the Senate today. No, we also see the first appearance of the Most Cynical Bill of the Year on today’s agenda. That would be SB 235(Blevins), the totally phony ‘redistricting reform’ bill. What do I mean by cynical? Well, I can hear the conversation in my head: “They want redistricting reform? We’ll GIVE ’em redistricting reform. We’ll create a commission, appoint our own political flunkies to it to make sure that they do our bidding, and then we’ll claim we’ve removed ourselves from the process. It even gives us plausible deniability to those rubes out there. What could be more perfect?

Folks, that’s what this bill does. It creates an 11 person ‘commission’. Well, 10, actually, with an eleventh ‘non-voting’ chair to be appointed by the commission members. Who will serve on this commission? One appointee each by the House and Senate leadership. 10 slots, 10 political appointments. Make no mistake. All this bill does is create one degree of political separation from the General Assembly. Oh, and I suppose you’ve already figured this out, there is nothing in the bill to prohibit or discourage ongoing contact between the appointees and those who appointed them. Because, of course, the puppet masters will still be drawing the lines, their appointed marionettes will simply be holding the pens. Total snake oil, which is what you get when snakes rub up against each other.  Well, that, and more snakes.

Yet another bill designed to help veterans (I’m sorry, but yet another protected class, as far as I’m concerned) will likely pass unanimously today. HB 275(Jaques) creates the Veterans Opportunity Credit, which provides yet another tax credit for businesses who hire veterans. Sure would be nice to see a similar bill for those who lost their jobs during the recent economic downturn. Remember when I wrote about the bloated membership of the House Veterans Affairs Committee? You don’t? Well, here:

Also, you will note the outsized membership of the House Veterans Affairs Committee. 24, count ‘em, 24 of the 41 members of the House will ’serve’ on this committee that maybe considers about 10 bills max a session. This is a JOKE, and simply a ploy to enable a host of undistinguished ‘Honorables’ to put on their campaign lit, “As a member of the House Veterans Committee, I fought for those who served their country and their families.” In virtually every case, that will be a lie, but it won’t stop ‘em from doing it. By contrast, the next largest committee membership is the House Education Committee with 14 members.

Here’s where I was wrong: I’ve finally figured out that this committee was formed and basically told to ‘go crazy’ when it comes to devising bills that give special benefits to veterans. Hey, we’ve got an all-volunteer military now. Veterans chose that profession. I respect veterans, I respect them a lot. But I don’t think they are worthy of all these special bennies at state expense and at the expense of other citizens who find themselves in the same straits as do veterans. Oh, did I mention there’s an election in a few months?

I’m almost afraid to check out today’s House Agenda, but, hey, I signed on to report the Good, Bad & the Ugly. Yep, ‘Ugly’ rears its head with HB 87(Brady), back for a mere pro-forma vote after the Senate added an amendment to it. This expands Delaware’s Special Class of Victims to include public transit workers. Mark my words: Bills like this will soon become as plentiful as those special license plate bills. Bad legislation, but easy to demagogue, and designed to win political chits. Which co-sponsor Sen. McDowell needs.

SB 206(Sorenson) should pass handily, and it deserves to, as it requires school districts and charter schools to establish a policy on responding to teen dating violence and sexual assault. The bill is more comprehensive than that synopsis, and I think it’s essential legislation.

A very good bill bears close watching today. You will recall that, last week, legislation protecting students’ social media from the prying eyes of others handily passed the House. This week, HB 308(Scott). It would:

make it unlawful for employers to mandate that an employee or applicant disclose password or account information that would grant the employer access the employee’s or applicant’s social networking profile or account. This Bill also prohibits employers from requesting that employees or applicants log onto their respective social networking site profiles or account to provide the employer direct access. It is acknowledged by the General Assembly that new technological advances in internet use and social networking require new approaches to protecting reasonable expectations of privacy in personal information.

This is a big step forward in that the General Assembly supports the right to privacy and extends it to encompass rapidly-evolving social media. Let’s see if there are any no votes here.

I’m off today. Just might get online and listen to the feeds from both the House and Senate. Without a doubt, the two houses are leading off with blockbuster bills, and I want in on the action. Uh, as long as I don’t have to set foot in Leg Hall…snakes bite, you know. And suck.

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  1. Jason330 says:

    “Will Sussex County’s self-proclaimed top lawman honor the law of the land?”

    Since Sheriff Teabag has already stated that his commission from God outs him under an obligation to resist unjust laws passed by fraudulent political bodies lacking in divine authority, I think he’ll go Jim Jones. At least I kinda hope he does (minus all the civilian and law enforcement fatalities.)

  2. Jason330 says:

    That’s “puts him under an obligation” and of course, David Koresh, not Jim Jones.

  3. reis says:

    I talked to a Representative yesterday who stated that the opponents of SB205 – Rent Justification, will impact people who rent individual investment properties (the Mom&Pop kind). This is untrue, and is being spread, I suspect, by the individuals who have made literally hundreds of millions from manufactured home communities. The head count as of last night for SB205 was 20; need a couple more.

  4. ruby says:

    El Som,i enjoy your amazing commentary and i don’t normally post but I don’t understand why charter schools are a problem. I put my kids in one because I found the district schools to be lacking. If the district schools were better i’d have left my kids there. I only get one opportunity with my kids education and I can’t take a chance on the Christina School district. I hate that we as democrats beat up on charters. The principal and teachers at MOT work so hard for our kids.

  5. cassandra_m says:

    Interesting — SB21 wants to study the possibility of building a tunnel to link Sussex and NJ someplace along the lower Delaware Bay. Proffered by Senator Bunting.

    How much demand would there be for this?

  6. Ruby, to me the issue is allocation of public education dollars. One reason why you may find the local school lacking is b/c charter schools have taken state education dollars away from the local districts and have taken many of the top students and teachers away from the local schools.

    Private and parochial schools do this, but there are in general few, if any state dollars going to them (except, of course, transportation assistance to parochial schools, which I think is also wrong). People pay tuition. When charters lead to the cannibalization of public education, I think that it’s time to at least take a second look at what’s going on.

    I think that one either unfortunate, or intended, depending on your perspective, by-product of charters is to erode confidence in public education. Rethugs scream that we need vouchers precisely b/c they love the idea of destroying public education as we know it. I consider charters, at least as some are being utilized, to be another vehicle to accomplish the same goal. Starve public education, weaken the student and teaching pools, then blame educators for failing to do a good job.

    I agree with you that you have to do right by your kids. That’s what good parents do. My point is that your decision was likely influenced by what the diversion of resources to charters has done to your local schools. That’s what needs to be looked at, IMHO.

  7. Geezer says:

    @El Som: “One reason why you may find the local school lacking is b/c charter schools have taken state education dollars away from the local districts and have taken many of the top students and teachers away from the local schools.”

    This is a canard. Money follows students. Local schools are given funds per student; if the population drops, so does the funding. Are you maintaining that declining student populations should NOT result in reduced funding? That’s a fiscally irresponsible policy.

    Charters are not “taking away” students. Parents are placing their children in charters instead of their take-it-or-leave-it assigned schools. You are, in essence, arguing that educators, not parents, should make the decisions on what is best for individual children. Good luck with that argument. I’m pretty sure you’ll lose that one in the court of public opinion.

    Beyond that, what is this notion that taking away the “best students” somehow affects the ability of the remaining students to learn? I know that plenty of research shows that having smarter kids in the class raises the test scores of the entire class, but I’ve never seen a convincing argument that explains this effect, and as a parent it’s not going to convince me to keep my kids in a traditional school instead of moving them to a more rigorous academic environment.

    As for “taking away” teachers, teachers are free to seek employment wherever they wish, aren’t they? No district is forcing teachers to leave their union jobs to teach instead at non-union charters. That’s an even more absurd claim than the first one.

    I understand all the anti-charter arguments, and I realize that a good number of these start-ups are only in it for the money, or are being run by well-meaning but incompetent people (ask Theo about that). To me, that’s an argument for substantially raising the bar for starting a charter, not for ending the idea altogether.

  8. John Manifold says:

    I need to disagree on the redistricting bill. This is what good-government groups have been seeking for over 30 years. From today’s State News:

    ========

    DOVER — A bill creating the process to have an 11-member com­mission appointed every 10 years to redistrict the House and Senate cleared its first hurdle Wednesday when it was released from the Sen­ate Administrative Services Com­mittee.

    This is the third time Sen. Patricia Blevins, D-Elsmere, has introduced legislation to create a redistricting commission. Previous bills have not made it out of committee.

    “What most people have said is the process we have works,” she said. “And the process we have does work, but I think it would be better if it was more open.”

    The 11-person commission creat­ed by Senate Bill 235 would include 10 voting members and one non-vot­ing chair. Each member will have to meet various requirements in order to be eligible to serve on the commis­sion.

    The members cannot hold elective office, be a registered lobbyist within one year prior to appointment or se­lection to the commission, or be an elected state official within two years of appointment or selection.

    Committee chair Sen. Michael Katz, D- Centreville, said he support­ed the bill and found these require­ments to be fitting for the commis­sion.

    “It helps put a barrier on it,” he said.

    Nancy Willing, who runs the Dela­ware Way blog, praised Sen. Blevins for her work on the legislation.

    “I really appreciate the work of Sen. Blevins,” she said. “This is much appreciated by the public.”

    SB 235 now heads to the Senate floor for consideration.

  9. No, it’s not what good government groups have been calling for. Read the bill. This is not some non-partisan commission, it’s 10 political appointees with a non-voting chairman.

    John, you’ve got a good brain, use it. It’s gonna be ten political hacks doing the bidding of the politicians behind them.

    People may be fooled into thinking this is reform, and that’s b/c it’s exactly what the cynical politicos behind this bill WANT you to think.

    It’s phony reform, pure and simple.

  10. John Manifold says:

    The principal difference that I see from past proposals is that the member picked by the commissioners would be non-voting, so that he or she would not be a tie-breaker.

    There may be other differences, and I haven’t exhaustively examined.

    This means that the solon who serves as the 21st member [or 5th member, under the prior years’ versions] would be a facilitator, not a Peter Seitz figure on whom the entire reapportionment process would depend.

  11. John, that makes no difference at all. Had this system been in place for the most recent redistricting, there would be 6 D’s and 4 R’s b/c the D’s control both houses.

    Even if the houses were split, there would be no impasse. Just like it was in 2002, the D-controlled chamber would control that chamber’s redistricting, and the R-controlled chamber would do the same for its own.

    House and senate leaders don’t get elected b/c of their bipartisanship. They get elected b/c their side controls the chamber, in the case of the Pro-Tem and the Speaker, or b/c their own caucus elects them.

    It would still be exactly the exact same blatant political exercise, only with a phony degree of separation to make it somehow seem more open. As long as highly-partisan elected officials make the appointments, you’re gonna have the same highly-partisan process. And I have no problem with that. Just don’t pretend it’s something else by labeling it as ‘reform’.

  12. thenewphil says:

    Have you considered Redistricting by the Shortest Split-line Method, John?

    http://www.youtube.com/watch?v=kUS9uvYyn3A

    http://rangevoting.org/GerryExamples.html

  13. John Manifold says:

    Sorry, I was stuck in the impasse of 1980/1990/2000, when one party controlled each chamber. In those years, each chamber had to ok the other’s apportionment.

    I see your point. If one party controls both chambers, the hammer comes down, with the fist clothed in a mitten that says “bipartisan commission” on the side. It’s not up to the Iowa model.

  14. John, the fact that each chamber has to pass the other’s redistricting is not any kind of check-and-balance. The quid pro quo is simple: You pass ours, we’ll pass yours. The chambers look out for themselves, not each other. In 2002, the Senate D’s didn’t give two shits about Wayne Smith’s blatant gerrymander that screwed several House D’s. They just wanted the Senate plan passed in the House.

    That mindset will remain the same under this ‘reform’.

  15. thenewphil says:

    The shortest split-line method doesn’t know where the union households are, it doesn’t know where the teabaggers have built their hovels, it doesn’t care who supported who for leadership positions, and it doesn’t give a fuck where incumbent politicians live.

    That’s what makes it brilliant.

    That’s why it will never happen.

  16. John Manifold says:

    Quite true, and with history behind it. House Dems swallowed DeLuca’s poison in ’11, for example. House GOP agreed to prevent Republican Senate majority for a decade in return for its own agenda in ’81 and ’91.

  17. Geezer says:

    “The Senate shot the sheriff…”

    …but Todd Lawson shot the deputy.

  18. Aoine says:

    how swwweeeet is this – HS 325 passes the senate

    my prediction was yes, it would, now some questions remain

    when does the Gov sign, when does it go into effect and if it does, will the state back the state police or other police agency to do their jobs when the sheriff over steps the boundries??

    be prepared more more shennigans on the part of the sheriff

    and kudos to Pete for being was is so sorely lacking in Dover – A leader!!

    and raspberries to those southern senators too cowardly to do the right thing – it will be remembered

  19. MJ says:

    I like the Colorado version, which has been used in 2000 and 2010 – Pursuant to the Colorado Constitution, the Senate Majority Leader, House Speaker, Senate Minority Leader, and House Minority Leader all designated one person to serve on the commission. The Governor appointed three members to the commission. The Chief Justice of the Colorado Supreme Court appointed the final four members of the commission. It’s called the Colorado Reapportionment Commission.

  20. KS says:

    You do realize SB205 will create low cost housing for people with second homes at the beach, correct? If you really want to help the people who cannot afford their land lease (many run about $400 a year that covers amenities, etc.) then firm up the law that is already in place that says a person cannot pay more than a third of their income for their land lease, all they have to do is meet the qualifications and apply.

  21. Roland D. LeBay says:

    @KS–

    I’m not familiar w/ the bill. Please explain how it will create low cost housing for people with 2nd homes at the beach. Also, please cite an example of someone who pays only $400/yr. for their land lease and amenities. I have a relative who lives in an ancient trailer in a “good” NCC park. She pays far more than $400/yr.

  22. dogbert32 says:

    Wow, Geezer’s arguments for charter schools are remarkably terrible. Did you read El Somnambulo’s comment or just spout out standard talking points? You clearly do not understand all the anti-charter arguments; indeed, you seem not to understand even how school funding is done (as charter’s are given significant advantages), nor do you seem to understand the significant advantages that charter’s are given in recruiting and hiring teachers. However, considering you said “I know that plenty of research shows that having smarter kids in the class raises the test scores of the entire class, but I’ve never seen a convincing argument that explains this effect,” I guess it is not too surprising that you have a completed distorted view of the entire charter issue. I mean, you seriously are trying to make an argument by saying that “I know this is true, but I don’t like the arguments, so I’m going to ignore its truth”? Wow. Maybe you should have some of those smarter kids explain the definition of obstinate to you.

    Although KS might take the cake for terrible statements. Maybe there should be a bet on who has a worse understanding: KS on rent justification for manufactured homes or Geezer on charter school regulations?

  23. Steve Newton says:

    dogbert32:

    Geezer apparently gets the distinction between correlation and causation, which is lost on you.

    Try looking up the words and sounding out the definition. Then the sentence might make enough sense to you that you could disagree with it rationally.

  24. Roland D. LeBay says:

    @dogbert32–

    I don’t speak for Geezer, but do you know the difference between correlation and causation?

    My takeaway from Geezer’s post was that statistics show “xyz”, but they don’t PROVE “xyz” is a result of “abc”.

  25. Geezer says:

    @Aoine: I think it’s important to second your emotion on the importance of the message. So consider this it.

    @dogbert: I directed each paragraph of my comment to a specific claim of El Somnambulo’s, so I’m puzzled by your question about whether I read his arguments.

    Please explain the “significant advantages” that charter schools enjoy in garnering any sort of funding from Dover. Considering that each charter is responsible for its originating capital costs, I think you have that statement backwards.

    The statistical evidence about heterogenous classroom makeup is a longstanding fact in education research that, to my satisfaction at least, has never been convincingly explained. YMMV, and feel free to show me evidence that will make me change my mind.

  26. dogbert32 says:

    Geezer, I believe I’ve listened to your show a few times, and I do not think you will change your views on this issue.

  27. Geezer says:

    That’s a weak comeback. Make your arguments, or are you aware they are deficient?

    You made statements of purported fact:

    “charter’s are given significant advantages” (in funding)

    “nor do you seem to understand the significant advantages that charter’s are given in recruiting and hiring teachers.”

    Back them up or STFU.

  28. dogbert32 says:

    I have better things to do then waste my time. Sorry if you don’t approve, but I wasn’t trying to impress you in the first place.

  29. Geezer says:

    You made statements of “fact.” They are not facts. That is all.

    Or, in the vernacular, don’t bring that weak shit in here. Or something to that effect.

  30. dogbert32 says:

    Geezer (since you seem to want to edit comments now), how about you draft up a thorough memo for me on the funding laws for charters vs. public schools, and then draft up another for me regarding the regulations for hiring in both contexts, especially concerning the exemptions and privileges granted to charters. I will respond in kind.

    Unfortunately, I do not desire to waste my life perusing through blogs. I have no interest in being another talking head who barely goes outside an enclosed little world. Nor do I have any interest in arguing with people who disingenuously pretend to be open-minded (i.e. people who spend far too much time on blog sites). I happen to read a delawareliberal post or two every once in a while when I am looking up information on topics that interest me. I sometimes make the mistake of reading a comment or two, and then sometimes make the further mistake of responding to the idiocy I read. However, you seem to not only spend far too much time in your little bubble, but you seem to revel in it. I think your isolated perspective may explain why you seem to sometimes care more about garnering viewers than having serious discussions on what I believe is your radio show.

    And with that immature insult, I am done. See you in a few months when I have enough vomit built up to read another blog post. Sorry to disappoint.

  31. Geezer says:

    Either back up the statement or STFU. If you knew what you were talking about, you’d have the facts ready — you’re the one who made the statements, not I. If you knew what you were talking about, you could have used the time you spent slinging insults citing facts instead. But you don’t know any.

    Weak, weak shit. And everyone can see it.

  32. dogbert32 says:

    “If you knew what you were talking about, you’d have the facts ready” hahah so that’s where you have been going wrong this whole time. I’m sorry, but that was too funny for me to ignore. Now I really am done.

  33. Geezer says:

    No, you’re just cooked. Buh-bye.

  34. Chill Pill says:

    What an angry jerk. In every thread he tosses insults.

  35. Geezer says:

    Boo hoo hoo. It’s always fun to see a sorry hayseed pretend to be someone else all of a sudden.

  36. Chill Pill says:

    You are a pathetic internet troll who spends all day posting insults and inflammatory comments just to get a rise out of people. Get a life and a job to occupy you beyond noon.

  37. Chill Pill says:

    That shut your big mouth up didn’t it, internet tough guy? Speaking of pretending to be someone can you explain to us why you post as “Geezer”? We all know who you are so why the pretense?

  38. Miscreant says:

    If you think you, in any way, shut Geezer up, you’re pissing the wind, Sparky.

  39. dogbert32 says:

    Just wanted to say that I am not Chill Pill, and I apologize for any insults I made, as it clearly invited others to be even more immature and stupid. I happen to think Geezer is a good guy, but that he is intensely wrong on the charter school issue. I also disdain blogs, especially small, relatively isolated ones such as this, which serve to merely reinforce readers’ views, rather than produce any valuable discussion, especially regarding the comment section.

  40. Geezer says:

    Dogbert: Stop all the blah blah and just back up your statements. How hard is that?

    Chill Pill: I’m sorry, did you have some point beyond illustrating that you can’t even insult people cleverly?

  41. dogbert32 says:

    Wow, considering your response, maybe Chill Pill was not all that far off with the jerk comment. Take care

  42. Geezer says:

    And still no cogent, factual response. How sad.

  43. KS says:

    @Roland The bill can in effect stop rate increases on land lease properties, yes, a good thing for people in bad situations who have no where else to go, but it also keeps rents down for places like Pot Nets at the beach where they have private beaches, pools, tennis courts, club houses. Many of these homes are second beach homes for people in other states and New Castle. I think the last check showed they were were inhabited by locals at about 30-percent. So in trying to help some (an admirable venture) you are also giving the rich or well-off a nice break too. The problem is that the places where the poor really live, will shut down because the administrative costs of the law will make it too difficult for these small operations to keep going. The people who really need the help will lose their homes and the fund set up to help them move will be bankrupted.
    I did misspeak on the $400. Wild Meadows in Dover was $430 a year last time I checked. that included pool, clubhouse and landscaping.
    As I said, strengthen and fund the law already in place to keep rent reasonable for the people who really need it, not those who don’t.