General Assembly Post-Game Wrap-Up/Pre-Game Show: Tues., March 19, 2013

Filed in National by on March 19, 2013

Go ahead. Pick a hot-button issue. Any hot-button issue. This year’s General Assembly is considering it. Can’t remember this many controversial issues under consideration.

Gun control? Check. Gay marriage? Check. Death penalty? Check. Minimum wage? Check. I’m not sure if there’s enough time/political capital to go around.

So. Please allow me to prioritize. To me, there are no excuses for the Delaware General Assembly not passing gun control and minimum wage legislation this year.

The votes are there for minimum wage. Only the Governor’s (a) unwillingness to get on board, and/or (b) the Governor’s opposition to minimum wage stand in the way. Last year, it was (b), and friendly house leadership buried the bill in an unfriendly House committee. This year, the Governor has stated that he’s excited about the debate (Truthometer says? BZZZT), but won’t take a position. Only with Jack Markell could that be considered as progress.  Let’s be practical here. Markell’s best chance to stop the bill, and it’s not good, is in the Senate. But, the Senate voted for minimum wage last year and, other than Sen. Venables, I think it’s unlikely that any other D’s will vote no. The margin of support for minimum wage is even larger in the House, so Markell’s only chance there is to get the bill buried in committee.  His problem, though, is that Speaker Pete Schwartzkopf, a Markell ally, is not in a position to do this without risking the loss of support from a divided caucus. BTW, here’s the bill we’re talking about. SB 6 would:

…increase the minimum wage to not less than $8.00 per hour effective July 1, 2013, and not less than $8.75 per hour effective July 1, 2014. If the federal minimum wage becomes higher than the Delaware minimum wage, the Delaware minimum wage would increase by $1.00 above the federal minimum wage. In addition, effective July 1, 2014, the minimum wage would increase by a percentage equal to the percentage of Cost of Living Adjustment (COLA) as determined periodically under the federal Social Security Act, with the increase in the hourly rate being effective 90 days after the effective date of the corresponding increase in federal Social Security benefits.

By now, debate on minimum wage has taken on something of a rote quality. The usual suspects, both pro and con, mouth the same arguments year after year. Here’s my take: The disparity between the very wealthy and the poor has never been greater. The middle class has shrunk while greater wealth has been concentrated in the hands of the very few. We can’t afford not to increase the minimum wage. It won’t totally restore economic justice, if there ever was such a thing. But it’s a start, and we can do this. Contact your state senators and let them know that you’re watching. Wouldn’t hurt to call Markell’s office either. I’m sure the excitement over the debate will be palpable, even in the voices of those answering the phones.

Last Week’s Action: SB 6 was considered in the Senate Labor & Industrial Relations Committee. Sponsor Marshall is circulating the bill for signatures, and he’s got enough supporters in the committee to get them…even IF Cathy Cloutier once again goes into hiding. I could see it on a Senate agenda as early as this week. More likely next week.

For me, gun control is right there with minimum wage. The only strength that the NRA is dealing with here is the strength of numbers when it comes to descending on Legislative Hall. Their positions do not have the support of the general public, either in Delaware or nationally. You can find proof of their weakened state in the (even by Rethug standards) laughable proposals from Greg Lavelle and Ernie Lopez last week. For those who want to relive teh stupid, I’m happy to oblige you. Right here. No background checks, no data bases. Greg Lavelle wants to allow “people to make smart decisions for themselves.“ Let me remind the Monsignor that his proposal is akin to allowing altar boys to make smart decisions for themselves before they go on camping trips with their priests. Only after the offense has been committed would there be even the slightest chance for justice. And, with guns, the victims, none of whom were in position to make ‘smart decisions for themselves’, are dead, not ‘just’ sexually abused.

Last Week’s Action: HB 35, which would mandate criminal background checks for virtually all firearms transactions, was tabled in the House Judiciary Committee, largely due to the number of people who wished to speak. Apparently, no one in charge here anticipated the outpouring of interest in this bill. Hard to believe, but there you go. So, this Wednesday, the committee will hear speakers beginning at 11:30 am. Let me point out that, so far, HB 35 is the only piece of gun control legislation to have been introduced. I hope it’s merely because lawyers for the AG’s office and the Governor are making sure that the other bills are properly drawn up. I hope it’s not a sign of timidity on the part of the Governor and the AG. I think that the votes are there, not just for criminal background checks, but for limitations on magazine size and probably for an assault weapons ban. Now is not the time for foot-dragging.

I support legislation outlawing the death penalty, just don’t feel the same sense of urgency. Why? I’m not sure how close we are to our next execution. I’m a little concerned that it could have a bit of a negative impact on the gun control legislation in that the death penalty bill is as fiercely opposed by many in law enforcement as gun control is strongly supported by those in law enforcement. I know that people can walk and chew gum at the same time, but I would really prefer a laser-like focus on gun control, and perhaps defer action on the death penalty for the time being. However, if the two issues can be efficiently worked at the same time, then I’m all for it.

Last Week’s Action: SB 19, which would outlaw the death penalty, was introduced. Huge props to the sponsors, especially Republican Sen. Gary Simpson and Republican Rep. Joe Miro.

Finally, we come to the issue of marriage equality. We got a taste of what lies ahead from this article on the blog and the reaction to it. Nicole Theis, head of that phony ‘Families’ organization that endorsed Cathy Cloutier, has identified who she and her ilk believe to be the swing votes in the Senate on this issue.  And, already, supposedly sane supporters of gay marriage are targeting the D swing votes as if they are the Devil Incarnate. Never mind that Senators Bushweller and Hall-Long voted for civil unions two years ago, they are not true believers. To which I say, (a) bullshit, and (b) this is what happens when you trust the Governor.  Leaders in the gay community, the Governor, and legislators operated under the understanding that civil unions was not going to be followed by gay marriage within two years. It was how the Governor was able to secure the votes of legislators in districts whose voters were not necessarily ready for civil unions.

Many leaders in the gay community were surprised when Markell announced last year that he would support a push for gay marriage this session. And those legislators who made the difference on civil unions by getting out in front of their constituents felt betrayed. I think rightly so. So, before supporters of gay marriage get all worked up about votes that Bushweller and Hall-Long might or might not cast, please allow me to point out the practical consequences of such votes. The Senate currently has a 13-8 D edge. That’s almost guaranteed to be 12-9 when Sen. Venables retires in 2014, almost certainly to be replaced by an R. And, guess what, folks? Both Senators Bushweller and Hall-Long are up for reelection in 2014. Markell has now put them in a position of facing (a) primary challenges and/or (b) general election challenges from single-issue opponents. All because he went back on his promise. Assuming that there are D primaries, the survivor would enter the general election in a weakened state.

I know, I know. They should have the courage of their convictions, they were never really with us in the first place, etc. Just keep in mind that this could be a no-win situation for them and, should these two seats flip, the Senate could fall into Republican hands, 11-10. Jack Markell wouldn’t mind that, but, I can assure you that you would.

Last Week’s Action: There is still no bill, but, as  you saw from the linked article, the Forces of Ee-vil are already hard at work.

Not much on today’s agendas. The Senate features a solid bill which helps to modernize Delaware’s civil mental health laws.  HB 9(Barbieri) unanimously passed the House, and I expect a similar result in the Senate.

The House Agenda is highlighted by Rep. Jaques’ bill to provide for ‘no-excuses-needed’ absentee voting in Delaware, and lowlighted by Rep. Briggs King’s bill to assure herself and her co-sponsors of complimentary tickets to events at the Delaware State Fair. As if she and they were not already getting them…maybe someday soon I’ll revisit the incestuous relationships between elected officials and the Delaware State Fair. Today is not that day.

See ya’ tomorrow with a preview of committee meetings and other fun happenings. Check me out on today’s Al Mascitti Show, 10 am to 12 noon, WDEL 1150 on your AM dial.

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  1. cassandra_m says:

    And those legislators who made the difference on civil unions by getting out in front of their constituents felt betrayed. I think rightly so.

    Are these legislators still out in front of their constituents? The swing from not supporting to supporting gay marriage nationwide has been nothing short of amazing. So my question is whether or not being in front of their constituents is even true any more OR if it is that big of a deal at this moment here.

  2. anon says:

    I realize that promises were made when the civil unions bill was introduced two years ago, but I’m more upset with the promise that gay marriage wouldn’t be on the table in the upcoming years than with breaking the promise not to go for gay marriage this year.

    BTW, Bushweller and BHL didn’t even have opponents last November, and Bushweller is very progressive on many issues, like minimum wage. Just like the Sheriff vote brew ha ha in Sussex, I think the gay marriage vote will result in not one legislator losing their seat for supporting it.

  3. Idealist says:

    “The time is always right to do what is right.”

  4. Melbourne Born says:

    HB 35 and the Bill to report lost or stolen guns may have a chance. The reason the other three haven’t been heard of since the press conference is because the votes arnt there. They are Dead on arrival. It was just about the press conference and looking good. The NRA rules in Dover.

  5. I have some news on this. The bill that would limit the size of the magazines is being circulated for signatures. As I understand it, you could still have the large magazines in your home to protect yourself. And you could get one at the firing range for use only at the firing range. Otherwise, the large magazines would be banned.

  6. PainesMe says:

    El Som –

    What salient issue ISN’T a no-win situation for legislators? You’re always going to piss someone off, and that may result in a challenge in the fall. Surely you, of all people in the progressive community, aren’t suggesting that they take a walk to avoid losing their precious seat.

  7. Of course not. I’m pointing out that Jack Markell doesn’t keep his promises. Or, at least, didn’t in this instance.

    And I’m also pointing out that vilifying in advance legislators who supported civil unions because they MIGHT NOT support gay marriage is one of the least desirable by-products of this governor not keeping his promises.

  8. SussexAnon says:

    “Leaders in the gay community, the Governor, and legislators operated under the understanding that civil unions was not going to be followed by gay marriage within two years.”

    No. The leaders in the gay community were not monolithic in the “half way to full equality” strategy of civil unions. Let alone agreeing to a hands off timeline.

    Civil unions is what was obtainable at the time. Times have changed.

    “The time is always right to do what is right.”

    Ditto

  9. Let me rephrase then: “Many leaders in the gay community, the Governor, and legislators…”

  10. SussexAnon says:

    El Som, I get that you have a serious bone to pick with the Gov, but really, what you are suggesting is inside baseball whining about process.

    Gay marriage is a civil rights issue. Suggesting that a promise was made by a politician then broken is hardly newsworthy and a valid reason to push gays to the back of the bus for a little while longer.

  11. PainesMe says:

    El Som –

    I see this “vilification” as political lobbying. I’m skeptical that these legislators ended up on this list for no reason, and if they’re currently with us, there is a very easy and simple way to end the vilification from their base supporters – publicly commit to marriage equality.

    The only “no-win” situation is when you don’t make a choice. Side with us, you’ll have allies. Allies that know how to get people elected.

  12. I get it, guys. And, anon’s analysis re Bushweller’s situation makes me feel a little better. I took a more moderate position on Al’s show today than I did here..

    I’m gradually being talked down, and I DO support gay marriage.

    Your comments are having an effect…

  13. Melbourne Born says:

    Rumor has that the NRA has won. Not enough votes in either caucus to pass high capacity magazine ban. If this is true, Bidens AR-15 ban is doomed too along with his school zone proposal

  14. Any sort of ‘source’ for your rumor?

  15. Unum, that’s at the national level. MB was talkin’ the Delaware General Assembly…at least, I THINK he was. Especially since he mentioned the school zone bill.

  16. Melbourne Born says:

    Sorry, yes I was referring to the Delaware bills being proposed. I spoke to several people at Leg Hall that said Mitchells bill only has 12 votes in his own caucus.

  17. At this point, they’re circulating the bill for signatures. You could be right, but,looking at the caucus members, I think there are a lot of possible, pardon the expression, targets, to enable him to get to 21. It’s not as if they’re voting on the bill tomorrow. The Senate is more questionable…