Delaware House of Representatives'
e-Newsletter
Issue 112 - April 12, 2013
In This Issue
NEWS: Rising Electricity Rates Spark Concern Among Legislators
NEWS: Delawareans Work Three-and-a-Half Months to Pay "The Man"
NEWS: Bill to Legalize Same-Sex Marriage Introduced in House
NEWS: A.G. Biden & Bipartisan Lawmakers Unveil Bills Targeting Criminals Using Guns
Follow Us on Twitter
Twitter Button
We actively post Tweets about the latest developments in the State House and Representatives and Legislative Hall.
Join Our Mailing List 
Find Us on Facebook

Find us on Facebook

Our Facebook page is constantly updated with new features.
state flag icon

This weekly e-newsletter is being offered as a free public service by the Delaware House of Representatives (Republican Caucus)  to provide accurate and timely legislative news and information.   

lightning
NEWS:
Rising Electricity Rates Spark Concern Among Legislators

 

A large group of bipartisan legislators is protesting a rate hike request by Delmarva Power and Light that is currently pending before the Public Service Commission (PSC).

 

Twenty state representatives -- led by House Energy Committee Chairman, State Rep. John Kowalko, D-Newark South -- sent a letter sent to PSC Executive Director Bob Howatt on Tuesday contesting the increase.

 

Delmarva Power filed an application with the PSC late last month seeking an increase in its electric base rates. According to the agency, Delmarva is seeking a hike that would generate an additional $42 million in total revenues.

 

"Delmarva's latest request is its third request in a three-year span to increase electric service rates," the representatives' letter stated.  "These requests, along with $25 million to replace obsolete ... meters, total approximately $130 million."

 

The letter also noted Delmarva's most recent increase just took effect in January.

 

"At a time when prices are going up all around us, it is hard for families to cope with yet another power bill increase," said State Rep. Joe Miro, R-Pike Creek Valley, who was one of the letter's signatories.  "At Delmarva's urging, our residents have successfully taken steps to conserve their use of electricity.  Now it appears that they are being penalized for their efforts."

 

State Rep. Mike Ramone, R-Newark/Pike Creek South, who also signed the letter, echoed Rep. Miro's sentiments.  "Delmarva Power has repeatedly gone to the well recently," he said.  "Working families are facing financial challenges too and it's time for their interests to take priority."

 

State Rep. Don Blakey, R-Camden, whose district is served by both Delmarva Power and Delaware Electric Co-op, said he joined the coalition opposing the rate hike because he believes Delmarva needs to do a better job of long-range planning.

 

Numerous legislators have sounded the alarm in recent years regarding rising power rates in the First State. 

 

Data from the U.S. Energy Information Agency (EIA) shows that among the 48 contiguous states, Delaware has the tenth-highest residential electricity rate (13.7 cents per kilowatt hour) and the sixth-highest residential average monthly bill ($132.83).

  

Critics, like State Rep. Jack Peterman, R-Milford, say that the cost of electricity is one of the top factors businesses consider when selecting a new venue.  They say expensive power makes it harder to attract new businesses and to retain existing companies that are intensive energy users.

 

Several factors could drive Delaware electricity rates higher in the coming years. 

 

State law mandates that the percentage of electricity generated from renewable resources -- usually comparatively expensive solar power -- must increase annually, topping out at 25 percent by 2025. 

 

Due to a deal cut by the Markell administration to secure a Bloom Energy fuel cell manufacturing facility in Newark, Delmarva Power is in the process of deploying 30 megawatts (MW) of Bloom Energy Servers -- enough electricity to power about 22,000 homes.  The electricity produced by the natural gas-powered fuel cells is more expensive then that produced from more traditional sources. 

 

The Regional Greenhouse Gas Initiative -- a nine-state cap-and-trade carbon dioxide (CO2) reduction program of which Delaware is a member -- announced earlier this year that the 2014 regional CO2 budget would be reduced 45 percent.  The cap would then decline 2.5 percent each year from 2015 to 2020.  Independent analysts predict the reduction will result in higher costs for large power plants that must buy CO2 allowances under the program to operate.  

 

To see the letter sent to the PSC, click here. 

 

To comment on Delmarva's pending rate hike request, visit the PSC website by clicking here. 

NEWS:
Delawareans Work Three-and-a-Half Months to Pay "The Man"

 

The average Delawarean will work 104 days this year to pay their federal, state and local taxes. 

 

"That period of indentured servitude will end Sunday (April 14th) when Delaware residents observe "Tax Freedom Day," said State House Minority Whip Deborah Hudson, R-Fairthorne.  "All the money earned by working Delawareans since the start of the year through Tax Freedom Day has been dedicated to paying off their total tax obligation.  At some point on Sunday, Delawareans will finally start to get keeping what they earn."

 

The Tax Foundation - a Washington, D.C. based non-partisan research group - calculates Tax Freedom Day annually as a vivid illustration of the cost of government.  The organization computes the date for each state, as well as the nation as a whole, using income and tax data reported by government agencies.

 

The tax burden placed on Delawareans is the 21st highest in the nation, tied with Michigan, Hawaii, Vermont and Nevada.  "There are 25 states that celebrated their Tax Freedom Day before we did this year," Rep. Hudson said.

 

Mississippi and Louisiana had the earliest Tax Freedom Days on March 29th, followed by Tennessee on April 2nd.

 

The highest three states for taxation were Connecticut - which does not have its Tax Freedom Day until May 13th - New York and New Jersey.

 

"Americans now pay more in taxes than they spend on food, clothing and housing combined," said Tax Foundation economist Dr. William McBride.

 

According to the foundation, Americans will pay $2.76 trillion in federal taxes and $1.45 trillion in state taxes this year, for a total tax bill of $4.22 trillion, or 29.4 percent of income.  

 

"Delawareans fared better than the nation as a whole," Rep. Hudson said, noting that national Tax Freedom Day is not marked until April 18th.  "Still, no one should be doing handstands over the fact that our residents had to work for three-and-a-half months before they got to keep a dime of the money they earned."

 

A member of the Delaware Financial Advisory Council, which is responsible for estimating state revenue, Rep. Hudson said state spending continues to increase.

 

In January, Gov. Jack Markell presented a proposed operating budget of $3.712 billion.  The governor's recommended Fiscal Year 2014 budget is $1.267 billion more than the state's FY 2004 budget, an increase of 51.8 percent increase over the 10-year period.

 

Last week, Gov. Markell signed into law a tax package that will impose a total collective burden on residents and businesses of nearly $28 million in the upcoming fiscal year and more than $156 million in Fiscal Year 2015.  The four tax hikes in the package had been set to begin expiring on July 1st, but Gov. Markell pushed to make the increases permanent, arguing the state could not afford the loss of revenue.

NEWS:

Bill to Legalize Same-Sex Marriage Introduced in House 

 

A bill seeking to legalize same-sex marriage in Delaware has been filed in the State House of Representatives.

 

Twenty-three Democratic legislators are supporting House Bill 75 as sponsors or co-sponsors.  The leaders of both of the General Assembly's chambers -- Speaker of the House Pete Schwartzkopf, D-Rehoboth Beach, and Senate President Pro Tem Patricia Blevins, D-Elsmere -- are among the sponsors.  Democrats hold controlling majorities in the House and Senate.

 

Gov. Jack Markell is an avid supporter of the measure and would sign the bill if it reaches his desk.

 

"The concept of discrimination is something our children first learn about in history class," Gov. Markell said in his weekly address.  "They learn that, decades ago, someone's gender or skin color would impact on where a person could learn, work or even sit on a bus.  ... Yet, as we unveiled legislation here in Delaware yesterday (Thursday) and continue to hear debates across the country regarding the legalization of same-sex marriage, it is evident discrimination still exists."

 

Delaware enacted legislation in 2011 to legalize civil unions between same-sex couples.  The law took effect in 2012.  At the time it was being debated, many civil union supporters said the legislation would not be used as a stepping stone to legalize same-sex marriages.

 

State House Minority Leader Danny Short, R-Seaford, said it's now clear that those assertions were less than sincere. 

 

"My position has always been that marriage is between a one man and one woman," Rep. Short said.  "I find it somewhat disturbing that we're going down this path after the statements that were made when the civil unions bill was being worked."

 

Rep. Short added that introducing another controversial issue into the General Assembly, which is already wrestling with a possible repeal of capital punishment and multiple gun control bills, is sidetracking legislators.  "I think all of these issues are distracting us from what should be our main focus -- improving the economy and getting people back to work."

 

House Bill 75 would repeal Delaware's prohibition on same-sex marriages that was enacted in 1996.  It would also convert all civil unions conducted in the state to marriages on July 1, 2014. 

 

Under the measure, which is pending action in the House Administration Committee, religious clergy would not be compelled to conduct same-sex marriages. 

 

Currently, nine states and the District of Columbia allow marriages between members of the same gender.

 

 To read the bill, click here.

 

NEWS:

A.G. Biden & Bipartisan Lawmakers Unveil Bills Targeting 

Criminals Using Guns

  

(Press Release Issued by Attorney General Biden's Office)

 

Delaware Attorney General Beau Biden and a bipartisan group of legislators proposed several pieces of legislation Monday that will toughen penalties for criminals who carry guns.

 

The measures, which will be introduced in the General Assembly over the next week, are part of the Department of Justice's ongoing efforts to crack down on violent criminals.

 

The bills are being circulated among legislators for sponsorship and have attracted support from both parties.  

 

The proposals would: 

  • Impose a one-year mandatory sentence for those convicted of unlawfully carrying a concealed firearm, which will be filed in the House and sponsored by Rep. Larry Mitchell, Sen. Bruce Ennis and other legislators. Currently there is no minimum mandatory sentence for this crime;                                  
  • Add the crime of "Possession of a Firearm During the Commission of a Felony" to the list of serious violent felonies that can trigger enhanced prison sentences under Delaware's habitual offender statute. The "Possession of a Firearm During the Commission of a Felony" charge was not an offense at the time the habitual offender statute was enacted in 1970. The bill will be filed in the Senate and is sponsored by Sen. Ennis, Rep. Mitchell and other legislators; 
  • Significantly increase the prison sentences for violent offenders who are convicted of possessing a gun.  Under current law the following minimum mandatory jail sentences apply: 1 year if the offender is previously convicted of a violent felony; 3 years if the offender committed a previous violent felony within 10 years; and 5 years if the offender was previously convicted of 2 or more violent felonies.  This measure would increase those minimum mandatory jail sentences to 3 years if the offender is previously convicted of a violent felony; 5 years if the offender committed a previous violent felony within 10 years; and 10 years if the offender was previously convicted of 2 or more violent felonies.  This legislation will be filed by Rep. Ruth Briggs King as an amendment to House Bill 36 that she introduced earlier in the legislative session; 
  • Include juvenile adjudications for violent felonies in triggering minimum prison sentences.  Although juveniles found guilty of violent felonies are prohibited from possessing a gun, those juvenile "adjudications" under current law do not counts as convictions that would trigger minimum jail sentences if they are later convicted of a gun offense.  This bill will be introduced in the House and is sponsored by Rep. Mitchell, Sen. Ennis and other legislators.

"We are focusing on violent criminals who are already prohibited from possessing firearms but continue to break the law and threaten the safety of our neighborhoods," Biden said at a Monday press conference attended by local government officials, community advocates and law enforcement personnel. "These bipartisan proposals put criminals on notice that using guns to commit crimes will land them behind bars for a significant period of time."

 

Rep. Larry Mitchell, a retired New Castle County police officer, said that his experience of arresting the same repeat offenders for gun violations sparked his support for these measures. The bills, he said, are part of a multi-faceted approach to curbing gun violence and making our communities safer.

 

"People who repeatedly use guns when committing crimes are not making a mistake. They are making a conscious decision to carry a deadly weapon," said Rep. Mitchell, D-Elsmere. "Just because they don't use that firearm doesn't mean they are not dangerous criminals.

 

"I recently reached out to several police groups, and the one thing I kept hearing from them is criminals who unlawfully possess a firearm must be sentenced to a minimum mandatory prison sentence. These offenders must know if they are caught with a weapon and the weapon is a firearm they are going to jail."

 

"All of us are concerned about reducing gun violence and violent crime in general," said Sen. Bruce Ennis, D-Smyrna, a retired state trooper. "We hope this provides a real way to attack the problem because, as criminals learn about this, it may make them think twice about using a weapon."

 

State Representative Ruth Briggs King, R-Georgetown, stated: "This legislation is the result of a months-long effort aimed at crafting a bill that will ensure repeat offenders are not able to possess or purchase a firearm.  I am happy to be partnering with the Attorney General in this important effort.  If it means keeping guns out of the hands of criminals, then we should waste no time enacting this legislation."

 

These proposals are the latest from Biden and legislators to strengthen the state's response to violent offenders who repeatedly commit violent crimes. Earlier this year, Biden proposed legislation that will toughen bail requirements for offenders who are charged with committing a violent crime while out on bail and a constitutional amendment to keep high-risk, dangerous offenders off the streets while they await trial.

 

In previous years, Biden has worked with the General Assembly to enact legislation that toughen penalties for criminals who use a gun to recklessly harm victims (Cameron's law), increase penalties for illegally carrying weapons, crack down on crime-infested nuisance properties and strengthen the state's law against lying to police to hinder investigations.