Delaware General Assembly Post-Game Wrap-Up: January 27-29, 2015.

Filed in Delaware by on January 30, 2015

As a would-be oligarch, Jack Markell introduced a proposed budget that will make him a welcome guest at Chateau Country’s finest soirees. As a putative Democrat, his budget is disgraceful and indefensible.  Guess whose taxes will increase? Seniors who get a modest tax break on their homes. That’s it. You know why that break was implemented in the first place? To make seniors less likely to oppose public school referenda due to the impact it would have on their fixed incomes.  For Markell, it’s a two-fer: Screw seniors on a fixed income and make it harder for public school districts to raise funds.  BTW, it’s time we face reality.  We really are an oligarchy and not a democracy.  Take some time to read this, and then come back. Here’s the (literal) money quote:

“A proposed policy change with low support among economically elite Americans (one-out-of-five in favour) is adopted only about 18% of the time,” they write, “while a proposed change with high support (four-out-of-five in favour) is adopted about 45% of the time.”

On the other hand:

When a majority of citizens disagrees with economic elites and/or with organised interests, they generally lose. Moreover, because of the strong status quo bias built into the US political system, even when fairly large majorities of Americans favour policy change, they generally do not get it.

They conclude:

Americans do enjoy many features central to democratic governance, such as regular elections, freedom of speech and association and a widespread (if still contested) franchise. But we believe that if policymaking is dominated by powerful business organisations and a small number of affluent Americans, then America’s claims to being a democratic society are seriously threatened.

Markell, however, does not limit his oligarchic proposal to the seniors.  Oh, no. Per always with Markell, he rubs the noses of state employees in his fois gras-laden excrement. “No raises for YOU!” He has treated state employees like they’re mere chattel.  The ‘D’ stands for ‘despot’, not ‘Democrat’.  And, of course, there’s a hole in infrastructure spending that the Governor has only partially filled with some ‘one-time’ funding.  Not nearly enough to keep up with needs.

Face it, folks.  No need for pretext any longer. Your governor is a Republican. Hey, even Colin Bonini liked his proposed budget.  That says it all.

The General Assembly, however, is not term-limited.  Let’s see what the Joint Finance Committee comes up with. Oh, and be sure to let them know what you want and what you can’t abide. You can bet the oligarchs have already flexed their muscles.

Decriminalization of marijuana could be near.  HB 39 (Keeley) would impose a civil fine only for possession and use of less than an ounce of pot. There would be no criminal record for possession. Progress? Yes.  But in a state that had no compunction about legalizing usury and gambling when its coffers were low, it’s a half-measure at best.  The governor supports it, so it may pass.

Time to review this week’s action:

Tuesday, Jan. 27

Weds., Jan. 28

Thurs., Jan. 29.

The high- and low-lights:

Alex Pires got his banking bill passed.  Oligarchs get what they want, so this was a fait accompli.  Pushed through in three weeks.  Sen. McDowell went ‘not voting’. Everybody else caved.

The jump-out commission to address Wilmington’s crime problem in less than two months received final approval. Something tells me the phrase ‘good money after bad’ cannot be far behind.

The  ‘No Cheating in Escheat’ bill passed the House and heads to the Governor.  Probably the best, and most impactful, bill to be passed this month. Yes, damning with faint praise, I know.

Legislation permitting the ‘harvesting’ of grey foxes was on the House Agenda, but was not considered.

The annual ‘Save the Casinos’ bill has been introduced. At least one of them…

Legislation reforming the use of solitary confinement has been introduced by Rep. J. J. Johnson. Worth a look.

Rep. Johnson has also introduced a companion bill to last year’s Black Box law.  HB 37  would limit conviction data provided to prospective employers to Class B misdemeanor convictions or greater, meaning criminal acts classified as unclassified misdemeanors or violations shall not be disclosed for employment purposes. Good stuff.

HB 29(Potter)  provides for a moratorium on new Charter schools in Wilmington until 2017.  Betcha the oligarchs won’t like that.

I don’t know what special interests would specifically benefit from SB 14(Pettyjohn), but I know special interest legislation when I see it, and this is special interest legislation. As well as incremental back-door ‘tort reform’.

HB 30 (K. Williams)  ‘provides State funding to kindergarten through third grade for basic special education. State funding already occurs for intensive and complex special education during these grades. Currently the basic special education funding runs from fourth through twelfth grade. This bill is an effort to promote earlier identification and assistance for basic special education needs which should then mitigate costs over the long term’.

SB 26(Peterson) provides for recording and maintaining a record of all deliberations made by public bodies during public hearings, including any discussion made “off the record.” I’m looking forward to the debate on this one, and hope the bill passes.

I’m at best ambivalent on SB 27 (Lopez), which would terminate state pension payments to anyone convicted of any one of a number of offenses.  If the offenses had nothing to do with their work as employees, the bill effectively takes away someone’s pension anyway. And, of course, looking at kiddie porn is one of the listed offenses.  The bill is sponsored exclusively by R’s, which suggests to me that this is more for political, rather than public policy, purposes.  Now, get me a bill that would take away someone’s pension for crimes committed directly related to one’s state employment, and I’m on board. Hopefully, we already have laws for that. Which reminds me, does Mike Harkins get a state pension? Did Kermit Justice get one?

SB 28 (Townsend)  appears to strengthen an indigent client’s right to counsel: “In particular, the changes implemented by this bill will enhance the quality of representation by the lawyers contracting with the Office of Conflicts Counsel in the areas of IT support, training, client intake, early contact with clients and bill payments. This bill will ensure that all indigent persons accused of crime will be well represented.”  This is the kind of bill that requires research and legislating. One more reason why Bryan Townsend is one of Delaware’s best legislators.

I’ll be back in six weeks after the Joint Finance Committee concludes its hearings.  I hope that the budget looks significantly different than Markell’s proposal.  If there are enough Democrats from the Democratic wing of the party, it will.  If not, the oligarchs and Markell will be lifting glasses of sauternes to toast each other:

“Gentlemen, to evil!

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  1. anon says:

    I don’t know what special interests would specifically benefit from SB 14(Pettyjohn), but I know special interest legislation when I see it, and this is special interest legislation. As well as incremental back-door ‘tort reform’.

    Punkin Chunkin.

  2. Arden Fair? Church carnivals?

    You know, at the least, special interest legislation should be required to divulge the special interests who would benefit from the legislation.

  3. Mike Matthews says:

    The news of Gov. Markell’s attempts to slash the senior school tax is disturbing. Surely, Gov. Markell KNOWS the two largest school districts in the state — both of whom are targets of his Priority Schools plan — are going out for CRITICAL operating referenda on February 24. Surely Gov. Markell knows how important these referenda are — particularly for the Priority Schools which could stand to lose MILLIONS in resources and staff if the referenda doesn’t pass. Surely Gov. Markell knows that, historically, the senior citizen voting bloc comes out in DROVES against referenda. Surely he must know all this. So why in the hell would he propose cutting this tax break to seniors?

    As a teacher in Red Clay, he just made me much more nervous about our referendum passing in one month.

  4. liberalgeek says:

    That Pettyjohn bill is indeed Punkin Chunkin. Those were the issues that sunk it this year.

  5. You’re right, Mike. And even though the senior tax benefit cut wouldn’t take place until a budget including it is passed, by simply proposing it, Markell has virtually guaranteed that a bunch of seniors will vote against any referendum b/c, in their minds, it’s already been slashed.

    He’s probably getting high-fives from his corporate public education destroyer buddies as we speak.

  6. jason330 says:

    I’m shocked by my own naivety. I thought that was going to raise money for schools, but the devious scenario makes more sense.

  7. Anonymous says:

    What a joke!! This is what we get from one of the highest paid governors in the country #8. Maybe he should take a pay cut!!

  8. John Manifold says:

    The governor is right. The over-65 property tax subsidy has minimal benefit and sucks much revenue. Like the Obama administration’s proposal to eliminate those poorly-focused §529 plans, it will stir a beehive, but overall, it’s good policy.

  9. The governor is wrong. His decision makes it infinitely more challenging for school districts to pass referenda. Oh, and this is the ONLY new, um, revenue source he proposes. No restored progressivity to the tax code, just go after seniors on fixed incomes. This governor engages in class warfare every time he opens his mouth.

    Of course, if the Governor wishes to destroy public education as we know it, then he’s right. In his elitist mind, at least.

  10. Joanne Christian says:

    NO NO NO—All wrong!! Mike, jason, somebody….you can call me. This obsfustication (sp) at its finest!! The senior relief of up to 500 bucks is for property taxes paid to the county, but held by the state to release. The state NEVER coughs up that revenue in lieu of a senior paying (as in–let me get that for you….). The local share is the amount collected thru those property taxes, and it is to a zeroed out balance–the district FULLY assuming the pass they are giving to seniors. It’s INCOME TAXES on seniors to be eyed. Maybe the social security, pension, investment gains etc., may now be facing less of a “senior deduction”. But please school districts are not getting additional state funding based on any senior head count of who got an exemption. The only additional funding might be equalization funding, which some districts receive because their population can’t be supported by what is brought in on property taxes to either a really “senior heavy” district, or disparate property tax collections vs. utilization of public education. None of this should scare a senior away from a well deserved referendum run–but you don’t think the Budget Office is going to come out and say “oh no, we don’t mean property taxes–we mean state income taxes—and sorry if your minds assumed…..”. However, that being said–it does give the State “cover” when people are confused, fail a needed referendum–and voila’ the State doesn’t need to come up with the state share of financing a capital project! Their hands can’t touch local money, except to collect and release it–but their intent is NOT to release anymore State money just because they don’t want to fund in any given year projects taxpayers have approved, and the State originally agreed to their contractual share of funding by law. It’s a whole lot easier to blame a failed referendum.