by James DeChene
Wrapping up the week, with seven legislative days left, the General Assembly still has much to do if they plan to adjourn on June 30th. The most important of those tasks remains hammering out a budget deal that can pass. Negotiations continue, but each side remains committed to issues difficult for the other to support. These items include removing prevailing wage from state contracted construction works projects for a period of three years, and raising the Personal Income Tax Rate, which would also include a new top rate of 6.96% for those with incomes above $150,000. Leadership meetings continue, and JFC still has a lot of work ahead of it. The final DEFAC numbers for this budget session come out on Monday June 20th. Barring significant increases to the Corporate Income or Corporate Franchise taxes, or a surprise escheat settlement, or some other unexpected windfall, revenues are expected to remain flat, meaning our budget gap will remain somewhere in the neighborhood of between $350-400 million. HB190, the bill to modernize the Coastal Zone Act is expected to see a House vote on Tuesday, and our hope is HB226, the bill to reorganize DEDO into a P3 will also see a House vote next week. SB10, the bill to increase Delaware’s minimum wage was taken off the Senate agenda and not voted on this week. SS1 for SB76 was heard in the Senate Labor Committee, which would require recognized apprenticeship training programs for companies performing state construction work. Much more to come next week. Stay tuned.
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by James DeChene
June 7th was the Chamber’s End of Session Legislative Brunch held at Dover Downs. Over 200 attendees heard from Ed Ratledge, Director of the Center for Applied Demography and Survey Research at University of Delaware, and Bob Perkins, Executive Director of the Delaware Business Roundtable, on issues impacting Delaware, the state budget going forward, and how best to foster economic development growth. Among the highlights were items previously mentioned in this space:
Attendees also heard from Senate President Pro Tempore David McBride and Speaker of the House Pete Schwartzkopf, who highlighted the state’s budget issues, their respective positions on economic development legislation, including modernizing the Coastal Zone Act, and the reorganization of the Delaware Economic Development Office. They also stressed the need for increased revenues to fund health care and education, the state’s two fastest growing expenses, which together account for over half of the budget. Their remarks adumbrated the potential for further revenue increases beyond the Governor’s proposed 50-50 split of new revenue and expense reductions. The House Natural Resources Committee voted 9-1 to release HB 190, a bill to modernize the Coastal Zone Act. It will face a floor vote next week. The hearing featured passionate testimony from both supporters and opponents, with supporters focusing on the need for the redevelopment of industrial sites currently a blight on Delaware’s landscape. Chamber President Rich Heffron suited up (literally and figuratively) to deliver the Chamber’s position of support. More updates to come next week as the bill continues to see action. By James DeChene
This week JFC met and voted to cut about $33 million from state spending, including eliminating the State Board of Education. Future meetings, and the process, have been put on hold until legislators pass a series of revenue packages equal to approximately $190 million. To date, the House has passed a measure to raise the Corporate Franchise Tax by $115 million, where it now faces action in the Senate. As has been discussed a, 50-50 split between new revenues and spending cuts concatenate to form the mechanism to balance the budget. Next week the General Assembly returns for June, with 13 legislative days left until the end of session on June 30. There are a number of hearings next week important to the business community, including HB190, which would update the Coastal Zone Act, a State Chamber of Commerce legislative priority. Also in committee will be a bill related to escheat that provides a number of technical corrections to SB13, an escheat bill passed earlier in the year. by James DeChene
This week the Sussex and Kent County Advisory Committees met. In Sussex, attendees heard from DELDOT Secretary Cohan, who gave an overview of pending infrastructure projects across the state, particularly across Sussex. Updates included hearing the latest timeline for the 301 project, plans to improve Rt. 24 and Rt.9, and how the Lewes Transportation Improvement District is working to improve beach travel. At the Kent County meeting, along with an overview of pending legislation in Dover, members enjoyed a gemütlich conversation on the recent Kent County Economic Development strategy session to help make Dover, and the surrounding areas, an economic development powerhouse for Delaware. JFC continues to meet to formulate the state’s budget. So far, cuts have been made to the senior citizen property tax credit, along with a few other programs. Meetings continue into next week, and then the General Assembly goes back into session on June 6th for its sprint to the finish for this year. Don’t forget our upcoming End of Session brunch on June 7th. It’s a great way for members to develop a healthy gemeinschaft with their elected officials and other Chamber members. by James DeChene
This week, the Small Business Alliance, a State Chamber of Commerce committee focused on the small business community, held their annual Small Business Day in Dover. More than 50 business leaders heard from veteran lobbyist Bobby Byrd, of The Byrd Group, as he gave attendees a primer on how best to convert their message to legislators by effectively lobbying. After, attendees participated in the House Small Business Caucus meeting, which has an excursus on the impacts of the pending budget issues (including education funding, tax increases and the need for expenditure cuts), followed by individual meetings with legislators, a tour of Legislative Hall, and watching the House and Senate conduct their respective business during session. There was much thoughtful discussion surrounding issues facing the business community, including the impacts of legalizing recreational marijuana, apprenticeship requirements on state procurements, budget issues and modernizing the Coastal Zone Act. Also this week, the first revenue package to address Delaware's $382 million budget shortfall passed the House. HB 175 would raise $116 million from increases to the corporate franchise tax, and other associated fees. Bills related to apprenticeship mandates and escheat were tabled in committee, to be worked after the upcoming two-week Joint Finance Committee break. by James DeChene
In an unceasing effort to keep our members au courant on the goings on in Dover, this week’s post is being written from the belly of the beast, in Legislative Hall. On Wednesday, May 10, HB110, legislation to legalize the recreational use of marijuana in Delaware, cleared the House Revenue and Finance Committee by a 9-2 vote. The bill now goes to the House floor for a vote sometime in June. The sponsor, Rep. Helene Keeley, has invited feedback on how to ensure employers are protected from liability and related human resources issues. If you have suggestions, please email me at jdechene@dscc.com. That hearing, along with a few others, sucked (pun intended) the oxygen from Legislative Hall this week. Next week, DEFAC will meet on Monday. That revenue forecast will be the one budget writers will use in crafting the FY17 budget. Also next week, committee hearings will be held on SB79, a bill making technical corrections to the Unclaimed Property legislation passed earlier this year; along with SB49, the Homeless Bill of Rights; and SB76, a bill mandating apprenticeship training programs for companies performing state contract work; as well as the yearly package of bills related to corporate law updates. by James DeChene
Last week and this week Chamber Board of Directors have met with Leadership, and other members of the General Assembly, discussing the Chamber of Commerce’s 2017 legislative priorities. Items of discussion included efforts to modernize the Coastal Zone Act, education reform and workforce development challenges, strategies on how to structurally reform Delaware’s ailing budget and deficit situation, and what our members are seeing in Delaware around permitting issues and other impediments to economic growth. Major takeaways are that some of these priorities, like CZA, will see passage this year, while others, like some of the structural reforms, will be done over time. Some of those reforms were started last session, as part of the DEFAC Taskforce on Revenues, and included modifications to how corporate income tax is calculated along with the expansion of the R&D tax credit. There remain important future changes to be made, and the Chamber welcomes member input on areas they feel could use revision, both from a taxation perspective, and if your company works with/for state government and can offer suggestions to increase efficiencies or identify other process impediments. Also this week in Dover, a bill was tabled in committee that would have raised LLC registration fees by $25 (HB101). Next week expect the marijuana legalization bill to be heard in committee – the potential is high for Pecksniffian arguments surrounding the imperative for legalization, rather than a focus on the potential revenue to Delaware. by James DeChene
Delaware Economic and Financial Advisory Council (DEFAC) met on April 19, and the news stemming from their latest forecast continues to be cause for concern. DEFAC anticipates the state will bring in about $4.8 million less this year and $11 million less in 2018. Between expenditure savings made by the state, an additional $9.1 million has been added to the budget gap, meaning the state is now facing a $395 million budget hole. What this means for the Governor’s recommended budget is unclear, as it was crafted to deal with a $386 million shortfall. Most of the decline came from the Corporate Income Tax, which dropped by an additional $14 million in 2017, and $15.8 million in 2018. Those projected losses more than offset $14 million in projected gains in personal income tax revenue this year and next. The next meeting is on May 15. The General Assembly is back in session next week, and will take up a number of bills relative to the business community, including the Homeless Bill of Rights, the legalization of marijuana, wage history reporting, the lodging tax, along with the continued conversations surrounding an increase in Personal Income Tax rates and increases to Corporate Franchise Taxes. More to come. by James DeChene
Delaware Economic and Financial Advisory Council (DEFAC) met on April 19, and the news stemming from their latest forecast continues to be cause for concern. DEFAC anticipates the state will bring in about $4.8 million less this year and $11 million less in 2018. Between expenditure savings made by the state, an additional $9.1 million has been added to the budget gap, meaning the state is now facing a $395 million budget hole. What this means for the Governor’s recommended budget is unclear, as it was crafted to deal with a $386 million shortfall. Most of the decline came from the Corporate Income Tax, which dropped by an additional $14 million in 2017, and $15.8 million in 2018. Those projected losses more than offset $14 million in projected gains in personal income tax revenue this year and next. The next meeting is on May 15. The General Assembly is back in session next week, and will take up a number of bills relative to the business community, including the Homeless Bill of Rights, the legalization of marijuana, wage history reporting, the lodging tax, along with the continued conversations surrounding an increase in Personal Income Tax rates and increases to Corporate Franchise Taxes. More to come. by James DeChene
Governor Carney has released the report from the Delaware Economic Development Working Group. This is the group that was formed to consider a public-private partnership to restructure the Delaware Economic Development Office (DEDO). In short, the report recommends taking four key functions of DEDO out of the agency and placing responsibility for them in a new 501(c)3, which will be co-chaired by the Governor and a leading business executive. The four functions are:
The estimated budget for the new organization would be $2.5M, consisting of $1.5M from the State and $1M from the private sector annually. Next steps include drafting legislation for consideration in 2Q 2017, fundraising, appointing a board, hiring a CEO and developing a strategic plan. Please read the report for more details on the timing of these guidelines. The co-chairs of this committee are Rod Ward (DPPI Board of Trustees) and Mark Brainard (DSCC Board of Governors). Also serving on this committee are Nick Lambrow and Richelle Vible of the DSCC Board of Directors, and Terry Murphy of the DSCC Board of Governors. Thanks to each of you for your time and commitment in getting this accomplished. |
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