Legislative Pre-Game Show, Tuesday, January 11, 2011

Filed in National by on January 11, 2011

Welcome back, my friends, to the show that never ends.

The 146th Delaware General Assembly convenes today for what will be a challenging session.  With the economic recovery going slowly, and with less Federal assistance to get the state through tough times, this shapes up to be at least as challenging a year fiscally as was  2009.  The talk already centers on cuts to employee benefits. I will repeat my call to restore some progressivity to the tax code by bringing back some brackets for the uber-rich. The relentless consolidation of brackets during the DuPont/Castle/Carper years left the state tax code with a flat tax for those earning $60 K a year on up. In other words, whether you make $60,000 or $2 billion annually, you pay the same percentage in state taxes. Please explain why this is in any way fair. And, if it’s not, why shouldn’t a legislature under D control do something about it? You’re in charge, your constituents put you there, so protect your constituents and make the filthy rich pay their fair share.

The first day of a new session is typically a ceremonial celebration featuring swearing-ins. Frosh legislators, in particular, bask in the glow with their families, as well they should. It’s possible that the House and/or Senate will adopt the chamber rules for session, but it’s not likely.

While this is the first full day of session for both houses, excepting the embarrassing ( to the majority of D’s and to Colin Bonini) DeLuca leadership face-off, key decisions have already been made, especially when it comes to committees. You can find Senate committee membership here and House committee membership here. By far, by far, the biggest shocker is Sen. Harris McDowell‘s appointment as the Senate chair for the Joint Finance Committee. In his never-ending Senate career, McDowell has rarely, if ever, been on JFC. And now he’s replacing the (until November) never-ending chair, Nancy Cook. Inquiring minds want to know why.  Kids, here it is, my very first teaching opportunity of 2011: This was clearly a reward from the Godfather himself, ‘Tiny Tony’ DeLuca, for being a strong supporter during the leadership battle. And here’s the kicker: Legislators’ pensions are based to a large degree on their three peak earning years. Assuming McDowell stays as JFC chair for two years, these will easily be his top two earning years in the Delaware General Assembly. Which, I think, is why someone who is not known for his focus or attention to detail is chairing the single most important legislative committee this year.  I felt that Bruce Ennis, who has served for quite some time on JFC, and who is detail-oriented, would be named chair. Not for the first time, I was proven wrong.

Perhaps as a reflection of D weakness downstate, the money committees are firmly in upstate hands and especially in control of Wilmington legislators. Dennis P. Williams reprises his role as House JFC Chair, and Helene Keeley chairs the House Capital Infrastructure (Bond) CommitteeVenerable Bob Venables (D-Mars) is the only downstater to co-chair a $$ committee, as Senate Bond Bill Chair.

Due to overwhelming D numbers, Speaker Gilligan has named several ‘Vice-Chairs’ to serve along with the committee chairs. This gives those who didn’t get a committee chair spot, like Rebecca Walker, Dennis E. Williams, Debra Heffernan and Brad  Bennett a little cachet. Feel free to click away to your hearts’ content.

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.

My pick for worst committee chair choice is easy–Bill ‘Lumpy’ Carson to chair the House Transportation/Land Use/Infrastructure Committee?? Really? How can you possibly pick the most clueless legislator in Dover to oversee all the issues that DELDOT is facing? And Gerald Bleeping Brady is the co-chair? Is he gonna install red light cameras on I-95 even though there are no red lights on I-95? Anyone looking to reform DELDOT is gonna have to look elsewhere. Which, perhaps, is Gilligan’s intent. I find it hard to believe, but otherwise, I have no explanation. Never thought I’d say this, but, for once, I hope Greg Lavelle becomes the de-facto leader of this committee.

I have yet to talk about the other (diminishing) elephant in the room–redistricting. The 146th General Assembly has to redraw all House and Senate districts to accurately reflect the 2010 Census. This has already apparently played a role in the leadership battle in the Senate. Word on the street is that Colin Bonini sold out to the Napoleonic martinet (copyright pending) for a promise that he will have a Senate district to run in and that he won’t have to face another incumbent. If that’s the case, Bonini may be even dumber than I thought, if indeed that’s possible. First, he could’ve struck the same deal with the reform forces. Second, he probably would have had such a district even if he’d not done anything as the D’s are far more interested in consolidating their majority than adding to it. Third, he’ll likely have the R’s gunning for him in a primary after he went Benedict Arnold on his own caucus. And, fourth, depending on how his district is redrawn, he’ll almost certainly be no shoo-in for reelection against any prospective D opponent.

Deep cleansing breath. Anyway, you can look for some redistricting plans to surface maybe as early as April of this year. In a perfect world, reapportionment could be off the table by June 30. The counties and municipalities have to wait until the state has completed its work before they can start as they have to ‘piggyback’ on the state lines. I anticipate a less contentious process this year than in 2001 when Wayne Smith brought Picasso-esque concepts to the drawing of maps. Unless  the not-so-benevolent Senate despot tries to exact his revenge through the process, in which case you can bet that Bob Gilligan will not be doing DeLuca’s bidding.

Anyway, it’s all pomp and ceremony today. Weather permitting, it should be more fun starting tomorrow.

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  1. thebigham says:

    So happy that this column is back!

  2. anon says:

    If you never read DelawarePolitics, today is the day. Bring popcorn.

  3. cassandra m says:

    I’m glad this is back too!

    One of the things that I wish for is a revision of elected and appointed personnel pensions. Frankly, I think that they ought to have 401(k) plans (with no state match) and stay out of the state pension program. There isn’t much money to be saved by this, really, but I do think that it would change some of the incentives……

  4. Geezer says:

    I second anon’s motion: The GOP infighting apparently reached the verge of mob violence at a Sussex meeting last night. It’s going to be a looooooong time before the GOP wins anything statewide again.

  5. Phil says:

    Hey bulo, what do you think the chances of the electrician licensing bill making it out of committee for a vote this year?

  6. Dana Garrett says:

    Thanks for all the info, ES. A helpful summary.

  7. The Redistricting Bill from the 145th is coming back again. Evidently the citizen sponsor (Frank Sims) is coaxing some media attention. It should be ‘out’ soon. Will Blevins (and I think Gilligan) strong support of an independent process be enough to push this through? Can’t hurt to call your representatives.

  8. Phil, the bill hasn’t been intro’d yet, so I don’t really know. Keep in mind that all bills from the preceding session turned into pumpkins on Election Day. We start anew this January. There have been a few bills prefiled, and I’ll discuss them as they work their way through the committee process.

    Nancy, The General Assembly will not unilaterally give up its power to redistrict. But, I agree that, if people feel strongly about it, a call to their legislators wouldn’t hurt.

  9. Phil says:

    Ok, thanks. A version of it has been introduced almost every seesion for about 10 years so I didn’t know if there were any rumors. Again, thanks for all of your info.

  10. Polemical says:

    El,

    Can anyone on here tell me why someone as corrupt as Harris McDowell is, still be a state Senator?

    Didn’t one Mr. Jason (during his glory days, and much like the character in Along Came Polly [the guy who was Rueben’s best friend and played the Bagpipes in the fictional Crocodile Tears movie,] who lived delusionally in the past, OUT Senator McDowell)?

    Is Delaware politics THAT corrupt?

  11. You’ll get no satisfaction from me, Polemical. I don’t consider McDowell corrupt. He has some real reformer cred, as he created both the Sunset Committee and the Kids’ Department. He has long advocated for people who have few allies in Dover–troubled youth and the mentally-ill.

    Ironically, b/c he wasn’t a good ol’ boy, he never got one of those governmental or quasi-governmental jobs that far too many legislators have. So, I think he has to worry about his own finances more than most. Which is why he continues to serve long after he seems to have lost his reformer drive. Maybe, just maybe, JFC will rekindle that.

  12. PSB says:

    the best we can expect is no change to redistricting process for this year’s process, but a change passed this year (establishing a bipartisan commission) for the 2021 and future versions.

  13. jpconnorjr says:

    Polemical : got any SPECIFIC examples of corruption of Sen. McDowell? I will be interested in your response or lack thereof

  14. Mongo says:

    Bulo.
    Mongo is curious about what Bulo is hearing about redistricting the rep districts in Sussex. Mongo heard that county is due to receive two more distrcts. Where ? Mongo is fretting about redistricting.
    Mongo

  15. No doubt Sussex will get an additional district or two, at least one almost certainly in eastern Sussex. Plus, some egregiously gerrymandered districts like the one Ruth Briggs King currently represents will surely look a lot different after redistricting.

    Keep in mind, though, that western Sussex was overrepresented as Wayne Smith took those districts down to the smallest allowable populations in order to squeeze another R district out of the most conservative part of Sussex.

    I have no ‘inside information’ on this, just using my experience to provide semi-educated musings on what might happen.

    And, just for asking the question, Mongo, you get this:

    http://www.youtube.com/watch?v=pkCB63WV63s

  16. MJ says:

    El S – many of us down here have already been talking amongst ourselves about how we would like to redraw some districts.

  17. Well, MJ, as long as Pete Schwartzkopf’s in the conversation, then you’re on the right track. You can bet that Pete will have a major say in how Sussex is redrawn.

  18. Mongo says:

    Mongo love Afro-Cuban jazz percussionists. And candy.

  19. Polemical says:

    “Polemical : got any SPECIFIC examples of corruption of Sen. McDowell? I will be interested in your response or lack thereof”

    No I don’t. I’m taking the word of Jason, whose blog post in spring of 2008 seemed to point that out. And the numerous ‘other’ commenters who seemed to corroborate said abuse.

  20. Geezer says:

    P: Are you a Delaware resident? If you were you might remember that, as McDowell is in a safely Democratic district, his main challenge came in the primary. The threat was effectively defused by clogging the primary ballot with extra challengers. Where a single opponent might well have unseated McDowell, three of them split the vote, giving him the contest with a plurality.

    His “corruption” would scarcely be recognized as such by a conservative — it mainly takes the form of being so subservient to one corporation’s interests that he has been derisively dubbed “the Senator from Delmarva Power.”

  21. liberalgeek says:

    The accusations that DelawareLiberal has made about McDowell is that he has been creating himself a nice sinecure in the SEU (Like Roger Roy before him). He has also been accused of being the brains behind Karen Weldin Stewart.

  22. (Cape Gazette) Kara Nuzback reports ~ Activist calls for transparency in redistricting
    Senate leader expects change to come slowly

    Frank Sims is not satisfied with the way Delaware draws up new voting districts, and he is not alone. Following the U.S. Census, Sims and the Civic League of New Castle County proposed a new procedure.
    Sims emailed the proposal to legislators Jan. 1, in hopes of finding a sponsor. The resolution calls for public participation in this year’s redistricting process.
    Sims said legislators on both sides of the aisle have already pledged support for the resolution, including Rep. Earl Jaques, D-Glasgow, Rep. Deborah Hudson, R-Fairthorne, Sen. Bethany Hall-Long, D-Glasgow and Sen. Gary Simpson, R-Milford, but no one has volunteered to sponsor it.
    “We’ve got to open the process, or for the next 10 years, people will not be represented,” said Sims, who serves on the civic league’s board of directors.
    “People are nervous about this kind of change,” said Senate Majority Leader Patricia Blevins, D-Elsmere. Blevins said in the past two legislative sessions, she has attempted to introduce a bill to establish an independent redistricting commission. The bill was never put on the agenda.
    “The districts are intended to be for the benefit of the voters, not for the benefit of people in office,” Blevins said. She said it is important future redistricting take place more openly than in the past. Blevins said she knows there will not be time to pass the bill, fund and establish a commission before redistricting this year, but she wants the law on the books for the 2020 census.
    “It’s a change you don’t shove down people’s throats,” Blevins said.
    Every decade, following the U.S. Census, all local, state and federal electoral districts must be re-mapped to account for changes in population. According to Delaware code, after the official 2010 census is reported, the General Assembly has until June 30, 2011, to reapportion and redistrict the state for the 2012 general election.
    The code also states a district cannot unduly favor any person or political party.
    In order for any bill to become law, it must begin in the House of Representatives, where Democrats currently hold the majority. Sims said he is concerned Democrats will use redistricting to secure their incumbency by redrawing electoral lines in their favor, a process known as gerrymandering.
    “It makes our votes null and void,” Sims said. The former chairman of Delaware’s Independent Party filed a lawsuit against the Legislature in Superior Court in 2002, when the General Assembly failed to redraw district lines.
    Ultimately, electoral lines had to be redrawn, but Sims said, it was done behind closed doors.
    “Most people don’t have any idea this is going on,” Sims said. “The people need to be involved.”
    Sims’ resolution emphasizes an open and transparent process for redistricting involving public participation. The resolution points out southern Delaware has grown in population and will require more shifting than the northern half of the state.
    The 146th General Assembly convenes Tuesday, Jan. 11, at Legislative Hall in Dover.

    http://capegazette.com/storiescurrent/201101-01-15/11004-redistricting.html