Delaware General Assembly Pre-Game Show: Week of May 5-7, 2015

Filed in Delaware by on May 5, 2015

“The budget is broken,” said Delaware Sen. Harris McDowell, a Wilmington Democrat who co-chairs the General Assembly’s budget-writing Joint Finance Committee. “The options to fix it are to recognize that we have gotten to the end of the line of tricks.”

That’s the truth. Some of the tricks upon which we relied to balance the state budget, ‘abandoned property’, gambling revenue, even our incorporation fees, have peaked, and will soon be in decline, if they’re not in free-fall already.

Of course, if you read the linked article by Jonathan Starkey, you have to wonder if the proposed solutions can or will in any way address the broken budget.  I think there’s no chance in hell that they will.  First off, whose bright idea was it to create a bipartisan committee with at least as many R’s as D’s, with some of those D’s being Markell appointees? Uh, they’re the same as R’s. Oh, it was Markell’s idea, executed in an Executive Order he issued back in January.  I guess he wants to assure that his legacy of kowtowing to his wealthy Greenville buds is locked in for decades.

Here are some of the ”solutions’ this bipartisan committee is considering, according to Starkey’s article:

“The bipartisan panel is considering revenue-neutral recommendations that include lowering personal income tax rates while reducing tax breaks for wealthy seniors-so far undefined by lawmakers…”

Lowering personal income tax rates? Nothing balances a budget quite as effectively as that.

Committee members also are considering recommendations to reduce corporate income tax rates to 7.7 percent. While that would subtract $33.7 million in annual revenue from state coffers by 2020, according to revenue estimates, it would increase Delaware’s competitiveness with surrounding states, officials say.

I assume these are the same officials who continue to pay bribes and extortion to huge corporations to bring or keep paltry numbers of jobs in Delaware?

The panel also plans to recommend repealing Delaware’s estate tax, which would cost $4 million annually.

These proposals are Reaganesque in their simplistic simplicity.  This so-called bipartisan committee does nothing but  provide cover for failed Rethuglican policies. Jack Markell is irrelevant and must now remain irrelevant.  D’s should summarily dismiss these proposals as soon as possible. 35 years later, and Markell and the Rethugs are still touting trickle-down? Backwards reeled the mind (tip of the sombrero to Dorothy Parker). Not only are the proposals disasters, but the committee is also defined by what hasn’t been proposed. A return to a progressive income tax structure, for example.

OK, I’ve showered, most of the stench has temporarily dissipated. Let’s see what’s on this week’s legislative docket.

Today’s unlinkable House Agenda (seriously, can we fix this, it’s not that hard to fix, now is it?) features the bill giving everyone the vapors, HB 5(Heffernan, or is that Huff-ernan? Sorry, couldn’t resist). This bill would add e-cigarettes to the list of banned ‘smoking delivery systems’ under the Clean Indoor Air Act.  Exemptions for ‘vape shops’ have now been proposed. It remains to be seen whether the bill is or is not yet ready for prime time.  There are also three bills on the agenda that I support, and that I’ve previously discussed here: HB 102(Barbieri), HB 109(B. Short), and SB 47(Townsend).  Only one senator voted no on SB 47, which streamlines services for indigent defendants.  Do I really have to tell you that the ‘no’ was Colin Bonini? I wonder if anyone in the House will follow suit.

Today’s equally-unlinkable Senate Agenda features HB 59(Rep. J. Johnson), which removes from the list of violent offenses several acts which never should have been considered violent offenses, most notable, low-level drug possession. Of course, b/c nothing gets done w/o the cops having their input, two new offenses have been added: Promoting Sexual Solicitation of a Child and felony Resisting Arrest with Force or Violence. Because there are never enough charges for the AG to use. Pete Schwartzkopf’s attempt to rein in the ambitions and grasp of Sussex Vo-Tech is also scheduled for consideration. I think it’s a good bill.

Senate Committee Meeting highlights for this Wednesday:

The Education Committee considers bills mandating training of all education personnel in suicide prevention; requiring more classroom teaching experience for future Secretaries of Education; and protecting the privacy rights of students and parents.

Well, here’s a bad constitutional amendment. Designed solely to codify ‘tradition’. In the Executive Committee.  Why would we need to codify tradition unless there is some fear that said traditions could change? And why would we want to discourage such change w/o a clear public reason for it? I think the ‘best’ (as best as human beings can determine ‘best’) should be on our highest courts. I mean, admit it, there’s at least the possibility that no one from Sussex County, for example, would rank in that pantheon. Hmm, Jack Markell sure appears to be in a hurry to pack both the Public Service Commission and the University of Delaware Board of Trustees with his nominees. For the second consecutive week, he has nominees before the Executive Committee:

Kim Drexler-Public Service Commission

William DiMondi-University of Delaware Board of Trustees.

DiMondi has no background in education, other than attending school.  He’s a big-time R fixer and GM of the Delaware State Fair. Who better to help select the next university president?

Two notable House bills in the Health & Human Services Committee: HB 60(M. Smith) “enabl(es) the creation of savings accounts with tax advantages…designed to be used by persons with disabilities to save for qualifying disability and education related expenses”.  HB 70(Baumbach) is the new-and-improved midwifery bill.

SB 68(Blevins) “creates the Delaware Online Privacy and Protection Act, which expands the legal protections available under Delaware law to individuals, in particular children, relating to their online and digital activities.” I suspect that this bill was drafted by the AG’s office, perhaps using model legislation from elsewhere. Especially since the enforcement authority falls under the Consumer Protection Unit of the Department of Justice. Wednesday’s Judiciary Committee.

The killing of the grey fox may (or may not) meet its Waterloo in the Natural Resources & Environmental Control Committee. Based on the membership, it could be a 3-3 vote.

This week’s House Committee highlights:

An interesting vestige of the past is likely on its way out. Did you know that, since 1935, Delaware Code prohibits the sale of alcohol to persons with a mental condition or mental disability? Isn’t that pretty much everybody? Anyway, HB 119(Matthews) would eliminate what is now termed an ‘overly-broad’ legal definition. In the Business Lapdog Committee.

Cursive writing will become mandatory if HB 61(Hudson) passes.  Me, I’d mandate it for medical school students.  So that, for perhaps the first time, doctors’ prescriptions could be legible. Education Committee.

Well, maybe decriminalization of marijuana possession is ready for its close-up.  I hope the bleeping cops haven’t totally rewritten the bill, but they indeed might have. In the Public Safety/Homeland Security Committee, which I consider to be the wrong committee. Should be in Judiciary.  As it is, I only count a sure 5 Y’s among the 11 committee members. I count 6 out of 11 in Judiciary. Coincidence? Was Speaker Pete a state cop? Asked and answered. State cops should not be in a position to dictate public policy here.  They’ve been wrong on this…well, forever.

I guess I should close with a few brief thoughts re Gov. Markell saying that he does not support HB 50. People have taken that remark to mean that Markell will veto HB 50. They’re correct. Here’s the point: It doesn’t matter.

Passing the bill matters although it is more symbol than substance. While HB 50 doesn’t really do much, passage of the bill is a legislative repudiation of Markell’s obsession with testing.  Whether he vetoes it or not, and whether the veto is overridden or not, passage of the bill would mark the demise of this governor’s official influence on Delaware education policy.  I think that close to a majority of legislators have now recognized just how disastrous Markell’s policies have been, and they’re pushing back hard. So, whether Markell vetoes the bill or not, the message is the same: Gov. Markell’s education legacy cannot be salvaged. He will be most remembered for his wrongheaded chase for $$’s for bureaucrats, while treating teachers with disdain, and damaging Delaware students. I’m not even sure the Rodel Foundation would touch him now. Hillary might, though…

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  1. Jason330 says:

    Holy Shit… … lowering personal income tax rates …reducing corporate income tax rates to 7.7 percent… repealing Delaware’s estate tax…

    When did this committee meet? 1998? These recommendations are truly unfathomable.

  2. cassandra_m says:

    Starkey’s article doesn’t tell you much about what’s coming — it is a list of some of the stuff that folks on this committee want you to hear about. You can say revenue-neutral until the cows come home, but cutting taxes for businesses and wealthier people means that middle class and working people pick up the tab. So I’d bet that we are looking at a massive tax shifting here — the hint being the consideration of the elimination of tax deductions. Which are particularly supportive of middle class income earners. One of the worst things about Delaware’s government is that it is filled with people who don’t know much about other places and those who do are working a game. How anyone thinks that taxes here are unreasonably high is beyond me. And how anyone thinks that they can fix taxes without fixing the *very* broken property tax system is also beyond me. And we have a bunch of Democrats who ran away in quivering fear about raising gas taxes ( a real use tax) last year, and who seem set to make sure that Delaware’s middle class are targets of a new tax shift right onto that same middle class.

  3. El Somnambulo says:

    Starkey’s article is really two articles in one and, as such, a little confusing.

    The Markell panel, established by his Executive Order and filled with his appointees, is looking ‘long-term’ and supposedly revenue-neutral. They appear to have come up with doubling down on trickle-down. Keep in mind–he got the panel he wanted.

    Which, of course, doesn’t address the current budget shortfall. The Rethugs appear determined not to play unless they get some ‘concessions’ on right-to-work-for-less.

    Oy.

  4. Steve Newton says:

    @jason

    And El Som missed how all of this is going to be paid for: in part by raising taxes on “wealthy” seniors, whatever exactly that means.

  5. james says:

    HB 61 (Hudson) pertains to the recording of school board meetings. Her cursive writing bill was in committee last week, I believe.

  6. Dorian Gray says:

    So rather than use government to protect the people trampled, disemboweled and left for dead by the wonders of capitalism, we’re doubling down. Super! Perhaps we can simply reclassify these economic losers as something other than people. It seems like the criminal justice system has already started to implement that solution.

    Joking and sarcasm aside, I certainly accept that economies built on capitalism are the most successful in the history of the world. There is no better way to grow an economy than capitalism. However, the idea that the cure for the horrid social side-effects of capitalism is more capitalism is absurd on its face.

    That’s why the talk about the unemployment rate in places like Sandtown- Winchester, West Baltimore is double-sided tape. The 50% unemployment rate (or whatever it is) was brought to you by capitalism. As far as capitalism is concerned, that’s efficiency! … a big win, in other words not a problem. Capitalism is blind to social ramifications. Hence I fail to see how more of it will help address what its already broken.

  7. Jason330 says:

    That Markell article in the Atlantic reads like DLC boilerplate from 1992. “Indians will do your job better and for less money, so STFU.”

    But wait… the economic winners do have a role to play.

    “It’s not enough, though, simply to increase economic growth, unless its fruits are broadly shared. When Americans support each other, they maximize their individual and collective opportunities to succeed. Delaware has increased the minimum wage, invested in substance-use disorder treatment to help people get back on their feet and created strong partnerships between employers and educational institutions on skills training.”

    Non-sequiturs, are us.

  8. James: You’re right. Thanks!

    As to the Markell article, I read it right before I went on the Al Show today. The entire first hour was a screed. “Populism vs. Jobs”, what a false choice. I now think that Markell will head right back to his post-grad alma mater, Brown, once his term is over. He’ll fit right in with their Economics Department that is now endowed by…The Koch Brothers:

    http://thinkprogress.org/politics/2011/05/11/144280/koch-university-takeover/

  9. Delaware Dem says:

    I am working on a Tome right now about the Markell article. I want Daniello to kick him out of the party.

  10. Jason330 says:

    Daniello…Pfft.

    Daniello, Carper, Carney, Markell… these guys are why Democrats are always losing to mentally defective, but well funded, Republican religious fanatics. Once elected, or elevated to Chairmanship of the Party, they simply don’t give a fuck.

  11. Geezer says:

    I’m afraid the problem with Markell is that he really believes this bullshit.

  12. Anonymous says:

    “He will be most remembered for his wrongheaded chase for $$’s for bureaucrats, while treating teachers with disdain, and damaging Delaware students.”

    WOW, what about the wasted money to Fisker or the idiotic deal with Bloom Energy!!

  13. Geezer says:

    What about them? Your inability to stop whining about your butthurt is your problem. Your little claque of Republicans/conservatives can go back to their circle jerk now.

  14. cassandra_m says:

    If you aren’t going to finish that post, DD, I will…..

  15. Yeah, those sucked as well. But they were one-time (giant) sucks. Didn’t read about him touting those disasters in his Atlantic tome.

    His education policy has sucked for 7 years. And he still touts it. To outsiders. We now know better.

    I think Daniello is definitely to the left of Markell, Carper, and Carney. I’ve always liked him, and I think he’s been a good Party chair.

  16. cassandra_m says:

    The only people who complain about Fisker are the conservatives who — if that plant had actually started to produce again — would be working at some silly rhetoric about reducing the regulatory impact on this business or screaming about how unions are keeping the place from producing at capacity. There a a very few people (me) who would make the case that Fisker wasn’t more important than preserving the pay of State workers. Most of the people in this state wanted Fisker to work and it is really annoying to listen to conservatives who keep cheerleading for economic failure.

  17. pandora says:

    Just watch the first two minutes of this video. Who is Jack Markell and what does he believe, because I don’t recognize the guy in this video.

  18. Question is: Did he really believe what he was saying, or did he just say what the audience wanted to hear? I go with #2. He masked his intentions well, and it probably won him the primary.

    He was so…earnest. Or at least appeared to be.

  19. Jason330 says:

    An Aside: Lacey Lafferty is going to make Mike Protack look like Daniel Webster.

  20. SussexAnon says:

    Lacey Lafferty on the Constitution.

    https://www.youtube.com/watch?v=dLXq80z8Gic

    Do I have to warn everyone it involves guns? Turn your volume down.

  21. mouse says:

    Is there some organized manner that we can band together and make these assholes in Dover feel some heat?This is out of control. Where are the middle class democrats?

  22. I think that legislators have caught on. At this point, the key is to keep Markell from imposing his Kochian vision any more than he already has.

  23. Good for Ernie Lopez. A humane bill that enables seriously-ill children to use marijuana oils as medication:

    http://capegazette.villagesoup.com/p/lopez-bill-legalizes-medical-marijuana-for-children/1340358

    Even Pete’s on this one, so maybe the State Troopers will keep their mouths shut.

  24. Tom Kline says:

    Please raise my income taxes so I have the incentive to leave this state. Jack knows that a majority of top earners can leave this state with realative ease.

  25. I am assuming the Atlantic piece is in prelude to Markell’s starring role at the St. Gallen Fest in Switzerland for the rest of the week – May 6-8.

    Is he still sinking all of his PAC money into a DC area PR firm? Is that how he set up this showcase gig?

    From his calendar:
    Governor Markell will take part in the 45th St. Gallen Symposium, where he will lead discussions at forums of business and political leaders from around the world and meet with companies– Invited by the St. Gallen Foundation for International Studies, the Governor will participate in the 45th St. Gallen Symposium discussions, designed to provide leaders with fresh insights and opportunities to discuss global issues of relevance to enact productive change. A schedule of plenary and work sessions and when the Governor will be featured is available here. Trip costs are provided by the symposium, and are not paid with state funds. No members of the Governor’s staff or cabinet will attend.
    Comprised of speakers from leading government, enterprise, media, education and community organizations around the world, this year’s theme for the Symposium is “Proudly Small.” The event will highlight innovative work done by small-scale states and nations that can have a global impact. Governor Markell has been invited to speak during a session with leaders of states and nations and to lead a workshop. While he is in Switzerland, the Governor will have meetings with companies to talk about their growth in the U.S. and Delaware’s efforts to lead in the global economy, as well as to have a discussion about effective workforce training initiatives. Additionally, he will meet with the U.S. Ambassador to Switzerland.

  26. Andy says:

    Welcome to Kansas Dorothy

  27. Jason330 says:

    Tom Kline, that is flat out bullshit. All the data says that high net worth individuals do not move to chase lower taxes. But go ahead and leave. Prove all the studies on this topic wrong.

  28. Jason330 says:

    @andy. That’s rihht. Let’s repeat the Kansas miracle.

  29. SussexAnon says:

    Save us all the trouble, Tom, and leave. You keep talking about leaving and how awesome other states are to live. Do it already.

    Everyone else seems to know how “cheap” the Philly, Baltimore, DC burbs and the entire state of NJ are. Except for you.

    Florida has no personal income tax but my tax burden would triple if I moved there. Get a clue. Or a least buy one. The way you talk, it sounds like you could afford it.

  30. Anonymous says:

    @Geezer: When you respond like that, I won’t even address your low-level comment.

    @ Cassandra: I wanted Fisker to work, but they gave them the whole ball of cash, instead of an incentive backed contract. They did the same with Bloom. They have not met their goals of the “contract”(if you could even call it that) and continue to receive their money. If you did this in the real business world, you’d be out of a job. What get’s me is that no one is over looking this!!! The money given to Bloom could have gone to; eduction, roads, etc.

  31. El Somnambulo says:

    So. The cops are concerned that decriminalizing marijuana will give them one less pretext to search people’s cars. And Helene Keeley appears poised to acquiesce to their demands. Maybe we should have someone who wasn’t married to a cop sponsor this bill.

    BTW, the cops are upset that their Dover brother has been arraigned.

    The cops in this state are out of control and wield far too much influence.

    It’s time for legislators to stop cowering before them and catering to them, and pass laws based on common sense, not the demagoguery of the cops. They’re every bit as bad as the NRA.

  32. mouse says:

    Sick of fascist cops

  33. El Somnambulo says:

    Opt-out passes with only three no votes? Wow, just wow.

    We should, however, thank Jack Markell for publicly announcing that he’ll sign the death penalty repeal bill should it reach his desk. Now, if we can just get it to the floor…