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Delaware’s General Assembly: What’s been done, what’s left to do.

The Delaware General Assembly gets back to work this week. Before its Easter break, legislators – among other things – passed a law creating civil unions for same sex couples in the state and revamped the state’s drug laws, while considering bills to allow medical marijuana and deal with some gun control issues. But there’s still plenty left to do before June 30th, including crafting a budget and completing the once a decade task of redrawing district lines for both chambers.

As work resumes at Legislative Hall, DFM News asked a trio of political observers to assess what legislators have accomplished and what we may see in the next two months. Their thoughts, submitted via email, are here:


Delawares General Assembly: Whats been done, whats left to do.
Paul Baumbach
Delawares General Assembly: Whats been done, whats left to do.
Charlie Copeland
Delawares General Assembly: Whats been done, whats left to do.
Prof. Sam Hoff
The last two DEFAC revenue estimates have given the state more money to work with for the coming fiscal year. What is the best approach to appropriating these additional funds?

“Our government makes our communities stronger, primarily providing services which our government is best situated to supply. Examples are libraries, police, National Guard, highways, oversight of health care providers, banks, etc. A common refrain over the past three years is “sorry, we don’t have the money for that.” That has been used to justify very painful cutbacks, cutbacks which have been felt hardest by Delaware’s lower class and middle class. Our state government refused to share the burden ‘upstream,’ refusing to charge wealthy individuals and businesses a greater share of the cost of our government, due to concerns about harming the economy. The pain has focused on our social safety net. This, therefore must be the first to be restored, and that time has come.

The national and state economies are recovering. As such, each successive DEFAC revenue estimates becomes rosier. The best approach depends on whether the recovery is expected to continue. At this point, economic indicators from organizations such as the Conference Board and others suggest that the recovery will continuing for several calendar quarters. As such, the General Assembly should utilize most of the ‘new revenues’ in creating the 2011-2012 state government budget. Their focus must be on restoring services cut over the past three years, paying particular attention to restoring cuts that affect those most vulnerable, low income citizens, senior citizens, those who can be invisible during the budget process, ensuring that as many of those past cuts as possible are restored to 2008-2009 levels. Obviously some of the state’s revenues are volatile, and unreliable from year to year. DEFAC should be able to separate those, and the general assembly should use those for one-time uses (such as replenishing the DELDOT project fund, and green space acquisition fund). However the revenues that are due to our economic recovery should be primarily placed back into restoring government services which have been cut back so much during the economic meltdown in the past three years. This is only fair, and it is overdue.”

—Paul Baumbach, President, Progressive Democrats for Delaware

“Delaware’s revenue picture is dominated by the State’s legacy as the incorporation capital of the country — free money from domiciled companies. However, Delaware’s government expenditures are dominated by wasted spending, duplicative programs, and double-dipping legislators. So how do we put this revenue windfall to good use? At the end of March, a Legislative Committee reported that the Transportation Trust Fund, the entity that pays for highway maintenance, is likely to be underfunded by $169.1 million dollars. Ironically, in mid-April, DEFAC, the State’s revenue forecasting body, increased this year’s revenue outlook by $168.5 million dollars. Given the hole in transportation spending needs is the same size as the excess revenues, the most logical answer would be to put these revenues directly to improving Delaware’s roads and infrastructure. The House of Representatives Republican leadership, Rep. Greg Lavelle and Rep. Gerald Hocker, have made this exact recommendation, and it should be followed.”

—Charlie Copeland, former state senator and 2008 GOP candidate for Lt. Governor

“The prospect that there will be additional revenue to work with for FY12 is a pleasant dilemma. Hopefully, this will not result in a tug-of-war between the legislature and the governor over parochial priorities of each. At present, there is a need to address the $1 billion-plus estimated deficit by DelDOT. Further, there is a critical shortage in the Department of Labor pertaining to personnel and funds for processing anti-discrimination complaints. Finally, the Division of Public Health should get a portion of extra funds for investigating the abnormally high cancer rates in the state. If the revenue estimates are accurate, the governor and the legislature should back off the plan to reduce future state employees’ health and pension benefits.”

—Sam Hoff, Delaware State University political science professor

So far this session, the Legislature passed the civil unions bill and a bill revamping Delaware’s drug laws, is close to passing a bill authorizing medical marijuana, and considering a package of gun control bills. Does this indicate a substantial change in the political direction of Delaware?

“Indeed, there has been a very sharp change in the political direction of the General Assembly, as it now better reflects our state. In the house, this change began with voters electing more Democrats than Republicans to our state House in November 2008, the same election in which the country rejected the failed policies of the national Republican party. This brought the ascension of Democratic state Representative Bob Gilligan as Speaker of the House.

The first bill during his leadership, House Bill 1 of the 2009-2010 (145th) General Assembly, was ‘the FOIA bill,’ which made most of the General Assembly’s operations subject to the same Freedom of Information Act that the legislators mandated that the rest of our government follow. This bill passed the Democratic House with a vote of 40 to zero. Elections matter, and when the voters elected a Democratic state House, they were rewarded with a more open and transparent state government. That election, and the change in the House to Democratic leadership, also enabled Senate Bill 121 (anti-discrimination tied to sexual orientation) to pass.

This brings us to the 2010 elections and the current General Assembly. The Democratic party strengthened its hold of the House, and with this came substantial progress on important legislation core to the Democratic party—sensible crime laws (restoring discretion to our judiciary for drug offenses—a law held up for years) and civil unions for committed same-gender couples. Let’s examine the Civil Union bill, Senate Bill 30. It passed the house 26 to 15, close to a 2:1 ratio. This 2:1 ratio is the ratio of Delaware citizens polled this winter who support civil unions. These are dramatic accomplishments, impossible three years ago with a Republican-led House. The House now much better represents the makeup of our state’s citizens, and our citizens’ needs are being met, through overdue legislation such as the Ned Carpenter Act which removes the insanity of our state’s drug laws, and restoring discretion to our judges, and laws which stop legal discrimination against our citizens based on their sexual orientation. Our citizen activists have worked for years and years on these causes, but it took the turnover of our state House in late 2008 to a Democratic majority for the progress to begin

The Senate has been in Democratic control for many years, however for years power was held tightly by the ‘old guard.’ Several of these key senators have retired or passed away, and more responsive senators now have a voice. In prior years, despite citizen support, too many good ideas have died in the state Senate. The first step for the change was a change in the senate rules, to permit senators to vote bills out of that desk drawer. This enabled good senators to band together and require that good bills get a fair hearing and a fair vote—what a welcome change!

This is the reason that PDD, the Progressive Democrats for Delaware, put a high priority in recent years on the successful efforts to pass ‘the FOIA bill’, and the reason that PDD works hard to identify Democratic candidates for elected office who share our view that elected officials serve the people, and not the other way around. The state senate shouldn’t be an ‘old boys club’ that doesn’t have to answer to anyone. That was then, this is now. Thank goodness! It is worth noting that the civil union bill passed the senate by more than a 2:1 ratio, despite receiving only one Republican vote. While the state senate represents our state well, our Republican state senators, as a rule, do not. Yet.”

—Paul Baumbach, President, Progressive Democrats for Delaware

“No, it doesn’t indicate a “substantial change”, but the confirmation of a decades long trend. Delaware has been growing increasingly liberal for the last 18 years. With the 2010 election, the conversion to a Massachusetts-form of government has been completed causing the speed of passage of “feel good” legislation to increase. (Note that the previous comment does not apply to the drug law revision which I help to draft. This law simplifies drug law implementation, focuses on treatment for addicts, and increases sentences for controlled substances and drug dealers).

In short, our Governor and General Assembly, instead of focusing on creating a “small business-friendly” environment by working to reduce energy costs, simplify the permitting process, and reduce the size of government, have focused solely on “feel good” legislation for their base of voters. As a result, Delaware’s small business community continues to struggle and Delaware’s unemployment — for decades lower than the national average — has been trending towards the national average (and is likely to equal the national average by the end of next year). The lack of small business opportunity exacerbates the decade long trend of decreasing competitiveness of Delaware’s business climate. As a result of these liberal trends and policies, job growth in Delaware now ranks 43rd in the nation tied with failing States like California and Illinois. Furthermore, according to the Delaware Department of Labor, the number of people working in New Castle County is now below 1998 levels.

So while the recent spate of liberal, “feel good” legislation doesn’t indicate a “substantial change”, it does confirm a decade long trajectory that increased speed in 2008 & 2010. Regrettably, this trend has been ruinous for Delaware’s employees.”

—Charlie Copeland, former state senator and 2008 GOP candidate for Lt. Governor

“Though the governor is a Democrat and both chambers are controlled by the Democrat party, that does not guarantee a more progressive agenda. Still, recent electoral and policy trends seem to hint that way. But for true liberals, the civil union law will eventually have to be replaced with a law furnishing full gay marriage rights. This will occur sooner than later, after the U.S. Supreme Court rules on the (un)constitutionality of the Defense of Marriage Act. As for reform of drug laws, SURJ and other groups should be commended for keeping this issue at the front of the legislative agenda. I share the view of others that laws reducing penalties for certain kinds and quantity of drugs is way overdue. While I also support medical marijuana legislation, I don’t see that passing this session in the form the bill was proposed. Gun control is generally seen as an ideological rather than party-based issue. Its success is largely determined by region, previous laws on the issue, and crime rates which may impact the perceived need for enactment of restrictions.”

—Sam Hoff, Delaware State University political science professor

Is the issue of casino expansion in Delaware dead? Why or why not?

“I am not well versed on the casino expansion issue, however I have a few personal thoughts. We already have several casinos in Delaware, and they are cropping up in neighboring states. Do we really want our state to be promoting gambling? There are many other hobbies which do not lead to societal problems—gambling addiction leads to lost homes, lost jobs, and destroyed families, and these lead to higher government costs. As with fossil fuels, there is a hidden cost to casinos, a cost that must be paid down the road. Let’s draw the line here, and say no to more casinos. Perhaps we can build soccer and baseball complexes instead.”

—Paul Baumbach, President, Progressive Democrats for Delaware

“Casino expansion is not dead. It may take a few more years to pass or it could pass this year, but it is not dead. As long as the State is looking for easy money, the legislature will continue to consider casino expansion.”

—Charlie Copeland, former state senator and 2008 GOP candidate for Lt. Governor

“The positive revenue projections for the next fiscal year will most likely mitigate interest in casino expansion for the coming year, but the proposal will not go away. With Maryland and Pennsylvania on our heels, I predict approval for three additional racinos soon – one in the Rehoboth-Dewey Beach area, one near the southern border of the state and another near the northern border of the state.”

—Sam Hoff, Delaware State University political science professor

Both sides and both chambers have promised the redistricting process will be open and completed in a timely manner. What is your outlook for the redistricting process?

“I am hopeful that the 2011 redistricting process will be performed more in the public than it was in 2001, and I am hopeful that the 2021 process will be much better. Specifically I would like to see Speaker Gilligan and Senator Peterson re-introduce legislation patterned after their Senate Bill 346 in June of 2004, to create an independent redistricting commission, with ALL MEETINGS held in the public. This would end the current system whereby much of the work is done in the (majority) caucus, out of the public eye. As they say, daylight is the best disinfectant. We have made some good progress, but our work continues.”

—Paul Baumbach, President, Progressive Democrats for Delaware

“Incumbents win in Delaware over 95% of the time (I wish that Delaware’s casinos paid out over 95% of the time, then we could all be Donald Trump — without the hair or “birther” instincts.). The outcome of the redistricting process will be that incumbents will continue to win over 95% of the time. Knowing human nature, in general, and the leaders in Dover, specifically, I have no expectations of any change or “fair” process.”

—Charlie Copeland, former state senator and 2008 GOP candidate for Lt. Governor

“Delaware’s recent experience with redistricting has been mostly positive. Certainly, we are better off than states which mandate that the process go through the courts or some commission before the legislature votes. But that said, there are a number of challenges which have to be resolved. Not the least of them is the population movement south in the state and how that will affect current New Castile County-area seats. Second, the manner by which redistricting takes into consideration minority voters of different races and ethnic groups is always of concern. Finally, it is important that revised district boundaries promote greater participation by citizens in the electoral process, though that is only one way to ensure such. Hopefully, the open government provisions passed by the last General Assembly will ensure a fair and transparent process. ”

—Sam Hoff, Delaware State University political science professor

Is there an issue flying under the radar that you believe will make headlines before June 30th?

“I believe two issues already touched on could yield surprises.

If the General Assembly fails to be fair by failing to restore the painful cuts with additional projected revenue, then it would be a welcome surprise if there is a concerted effort to stand up and demand fairness.

Also, both houses have paid lip service to a more fair and open redistricting process. I am a bit skeptical. I expect that the legislators, behind closed doors, will put a high priority on having legislators ‘receive’ a ‘safe’ district, no matter how inane the lines are. If the legislature produces gerrymandered districts, then I would love to see some concerted effort to criticize the district maps that come out of both chambers.

Despite the dramatic progress we’ve seen in Dover in the past three years, it is hard to expect that bad habits won’t return. If they do, I would like to see multiple groups come together and call for necessary change. Much of the progress this year came as a result of varied groups coming together with legislators to pass good laws. This brings me hope more of the same is possible.”

—Paul Baumbach, President, Progressive Democrats for Delaware

“Perhaps. Soon, Governor Markell will be required to pick a new Chancellor for the Court of Chancery. Chancellor Chandler has set a very high standard. The Court of Chancery is a central reason that Delaware’s government is not bankrupt because almost 50% of Delaware’s tax revenues come directly or indirectly from Delaware’s decreasingly unique role as the “Incorporation Capital of the Country”. ALL of the recent growth in State revenues has come as a result of our “Incorporation” laws and court. The State Senate will be required to confirm the new Chancellor and, most likely, an additional Vice Chancellor. A poor decision by the Governor and the Senate, combined with the negative impacts on Delaware by federal laws like Sarbanes-Oxley and Dodd-Frank, could dramatically decrease State revenues forcing a significant reduction in services and/or increase in taxes over the next 10-20 years.”

—Charlie Copeland, former state senator and 2008 GOP candidate for Lt. Governor

“There are a number of issues percolating out there which may come to fruition in a major way. The present Delaware Auditor/AG investigations of contracting procedures at Delaware State University is one where the political fallout may supersede any illegalities discovered. The federal courts are still dealing with the disagreement between Delaware and nearby states concerning our opposition to dredging the Delaware River; another decision on the matter may be issued before the end of June. As for proposals now in front of the legislature, the bill to bar a person from taking a second state job while serving in the Delaware General Assembly may find surprising support, even if the final version is somewhat watered down from the original version. ”

—Sam Hoff, Delaware State University political science professor