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Snow Delays Work, Senate Defeats SB10

3/22/2018

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by James DeChene

This week’s legislative work was cut short a day to due weather. Bills that were to be heard in committee will be heard in the coming weeks. Of note, on Tuesday the Senate defeated SB10, which, as amended, would have raised the minimum wage by $1.00 over two years. It is expected that after work is completed providing casinos tax relief, the minimum wage bill will be reintroduced and voted on. Stay tuned.
 
In other news, DEFAC met earlier in the week and added $101 million in additional revenues for FY2018 and projected 2019. It is rumored that in the next meetings that number could grow even larger. This means a new round of budget fights this year—only this time on how to spend this windfall.

It is worth noting, however, that the two primary increases came from personal income tax (PIT), and fewer claims on abandoned property. The abandoned property money is already earmarked for returns, no matter the pace, and is not what you base a budget around. As PIT has increased from the federal GOP tax plan, corporate taxes (CIT) have declined.  One bright side is that Delaware may be due a onetime windfall as companies bring back money parked overseas to take advantage of the lowered US corporate tax rate. The IRS is still working to publish guidelines on how this tax money will reach the states.  More to come.
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Improving Delaware's Economic Health

3/1/2018

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by Mark DiMaio

Last year we asked Chamber members to participate in a survey for input about obstacles to their business growth. We received nearly 100 individual responses to our question about specific suggestions on what Delaware should do to improve its economy.  Listed below are four areas that respondents mentioned most often, along with ways the Chamber is working to advance Delaware’s economic health.  

Improve schools and infrastructure
  • The Chamber is a member of the Education Equity Delaware Coalition whose goal is to increase public awareness of education funding equity issues and solutions, and to focus on long-term systemic change on behalf of Delaware’s students, particularly those with the greatest needs. Rod Ward, president and chief executive officer of Corporation Service Company (CSC), is the Chamber’s coalition representative. 
  • The Chamber supports the efforts of the task force created by HCR 39. This task force will make recommendations regarding the impact of consolidating school districts in the state. Visit www.dscc.com/takeaction and search HCR 39 in the Find Legislation field to learn more. Jordon Rosen of Belfint, Lyons and Shuman serves as the Chamber representative on a subcommittee looking at the financial impact of school district consolidation. 
  • We are actively engaged, along with many of our members, with the Pathways to Prosperity program. Delaware Pathways programs are a set of curriculum focused on a specific industry-based “pathway,” paired with opportunities to gain workplace experience while still in high school, graduate with a head start on a college degree, or gain qualifications needed to go to work immediately. Consider attending the 2018 Delaware Pathways Conference on March 21.

Balance the state budget with new revenue sources and cut government spending
  • We will continue to advocate for structural changes to Delaware’s budget. Delaware needs fiscal policies that foster business growth and advance the state’s long-term economic future.
  • We support HB 160 that aims to establish metrics for grant-in-aid funding to nonprofits. Visit www.dscc.com/takeaction and search HB 160 in the Find Legislation field to learn more.
            
Encourage entrepreneurship and a diverse economy - strong business climate to attract new business
  • The Chamber supported passage of HB 226 to create the new Delaware Prosperity Partnership, a public-private partnership to aid in the stimulation of Delaware's economic growth.
  • We support HB 170: Angel Investor Job Creation and Innovation Act for Small Technology Companies. This legislation creates an incentive for qualified angel investors to invest capital in qualified Delaware small technology companies. Visit www.dscc.com/takeaction and search HB 170 in the Find Legislation field to learn more.
  • Please join us on Thursday, March 22, for an important panel conversation about economic development in Delaware: “Building Delaware’s New Frontier."  

Streamline land use and permitting process – less regulation overall
  • The Chamber is providing feedback to the GEAR taskforce, established by Governor Carney to review Delaware regulations and areas that could and should see reductions and streamlining.
  • The Chamber will also continue to contribute, where appropriate, ideas of areas where permitting could be lessened or streamlined in agencies such as DELDOT and DNREC.
  • The State Chamber is working with DNREC to update Delaware’s Coastal Zone regulations, following the passage of HB 190 (Coastal Zone Modernization Act). We believe this will make Delaware more competitive and attractive for redevelopment, bringing with it more jobs and a boost to the local economy.
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You Answered, we listened

2/15/2018

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by Mark DiMaio

In 2017, we invited Chamber members to participate in a survey to gauge their view of Delaware's economic health, and provide input on policy priorities. Listed below are the top four, along with ways the Chamber is addressing them.
​
1. Economic Development
The Chamber is dedicated to promoting an economic climate that strengthens the competitiveness of Delaware businesses and benefits citizens of the state.
  • The State Chamber is working with DNREC to update Delaware’s Coastal Zone regulations, following the passage of HB 190 (Coastal Zone Modernization Act). We believe this will make Delaware more competitive and attractive for redevelopment, bringing with it more jobs and a boost to the local economy.
  • The Chamber supported passage of HB 226 to create the new Delaware Prosperity Partnership, a public-private partnership to aid in the stimulation of Delaware's economic growth.
  • Please join us for an important panel conversation about economic development in Delaware: “Building Delaware’s New Frontier."
  • We support HB 170 “Angel Investor Job Creation and Innovation Act for Small Technology Companies” – This legislation creates an incentive for qualified angel investors to invest capital in qualified Delaware small technology companies.

2. Cost of Health Care
The Chamber recognizes the growing problem surrounding health care costs.
  • We will continue to follow plans to create a health care benchmark, and what that means for providers, insurance companies and patients.
  • Next month, Dr. Janice Nevin, MD., MPH, President and CEO of Christiana Care Health System, will provide an important update the DSCC Board of Governors on the future of health care.
  • Join us and the Greater Philadelphia Business Coalition on Health on May 21, for the Delaware Employer Summit - details to follow.

3. Government Spending
We will continue to advocate for structural changes to Delaware’s budget. Delaware needs fiscal policies that foster business growth and advance the state’s long-term economic future.
  • We support HB 160 that aims to establish metrics for grant-in-aid funding to nonprofits. 
  • The Chamber will support efforts to create and maintain sustainable revenue within the State's budget.  

4. Education Reform (K-12)
Improving education outcomes is a key factor in developing a skilled workforce and attracting new business to Delaware.  
  • The Chamber supports the efforts of the task force created by HCR 39. This task force will make recommendations regarding the impact of consolidating school districts in the state.
  • ​The Chamber supports Governor Carney and the Delaware Department of Education efforts to develop a Memoranda of Understanding (MOUs) between the Delaware Department of Education and the Christina School District, thus creating partnerships that will advance the academic growth and success of students in Priority Schools. 
  • We are actively engaged, along with many of our members, with the Pathways to Prosperity program.
2017 Survey Results (PDF)
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December Labor Report Disappoints

2/1/2018

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by James DeChene

The December labor report was recently released and shows that in 2016 Delaware had a net increase of 350 new jobs over the course of the year, and 2017 is looking to be the same, though there may even be a slight net loss for the year.  The January report will reflect what truly happened in 2017, but odds are it won’t be pretty.  Surrounding states have seen higher growth than Delaware:  Maryland at 2%, Pennsylvania and New Jersey at over 1% -  while we are shrinking, they are growing.

This week, members of the Joint Finance Committee started their budget process. Over the next five weeks, members will review agency budgets and various funding requests, including Grant in Aid, and will work to craft a spending plan using the Governor’s recommended budget as a starting point. While forecasted revenues show a 6% increase over last year’s, next year’s growth number is back under 2%. The challenge will be for legislators to be spendthrifts during a time of increased revenues, and planning for the out-years where spending obligations will continue to outgrow revenue. Not an easy task in an election year.  More info to come as it develops.
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This Week in Dover

1/25/2018

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by James DeChene

This week saw the confirmation of former DEDO director Cerron Cade to fill the vacant Secretary of Labor position. The Chamber looks forward to working with Secretary Cade in this new position on issues important to the business community.
 
Also this week, HB106 was released from committee, which would add two additional personal income tax brackets at $125,000, with a rate of 7.10%, and an additional bracket of $250,000, with a rate of 7.85%. The State Chamber spoke against the bill, noting that it would add volatility to Delaware’s revenue collection at a time when efforts are being made to make Delaware less reliant on volatile sources of revenue. This reliance has an increasing deleterious impact on the State’s long-term sustainability.
 
Governor Carney released his recommended budget, an increase of 3.49% over last year, which calls for increased spending on education, public safety and making investments in economic development and workforce development. It also includes an increase in the bond bill, along with $100 million in cash as one-time money for projects. Door openers, including class room growth, employee pensions, child care and transportation, were about $60 million in increases.
 
It also includes:
$12.5 MM — strategic fund
$2 MM — Prosperity Partnership
$9.6 MM — research collaboration
$19.5 MM — high education capital construction
$391.1 MM -- DELDOT road systems
$6 MM — clean water/drinking water

The Chamber will be monitoring ongoing budget discussions and will update you with pertinent info. 
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Next Week in Dover

1/4/2018

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The General Assembly returns next Tuesday with a full plate. Work will commence stemming from taskforces that met over the summer and fall, which include school district redistricting and changes in funding models, and the legalization of recreational marijuana. Thrown into the mix will be legislation to raise money to invest in clean water infrastructure, incentivize angel investors to provide capital to small startups in Delaware, and the fight on minimum wage legislation will no doubt continue. These bills, and ones to come, will be the focus of the Chamber this legislative session, along with continuing to implement legislation passed last year—namely the Delaware Prosperity Partnership and the regulations surrounding modernizing the Coastal Zone Act.
 
In addition, the Chamber will be involved in ongoing budget discussions as the Administration and General Assembly continue to search for ways to address Delaware’s long term economic growth and sustainability. What will be interesting to see this year, is how the Federal tax plan will impact Delaware. Much of what was contained at the Federal level was proposed at the end of last year’s session to help fill a $350 million budget gap, including increasing the standard deduction, reducing itemized deductions, and modifying personal income tax bracket levels. If the projections the state Department of Finance provided last year hold true, that could mean big money for Delaware coffers, and reduce the chances for last minute budget battles this year.
​
All this, and more, to come.  Stay tuned.
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Higher Taxes Not the De Facto Answer

9/26/2017

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by James DeChene

In Matthew Albright’s recent op-ed for the News Journal, which was well written and with which I largely agree, he made the argument that it’s time for Delaware to answer the question of how much government it is willing to have its citizens pay for. Albright’s article echoes a sentiment I’ve made with elected officials—there needs to be an audit of what government should be, what services it wants to provide, and then, how to pay for them.
 
Delaware has done an excellent job of outsourcing its tax and revenue liability onto entities outside the state. From the $1.1 billion it collects from the Corporate Franchise Tax, $400 million in escheat, and about $100 million combined from the Corporate Income Tax and Bank Franchise Tax, that represents an easy-to-calculate roughly 40% of the state’s annual budget. That number doesn’t take into account tourism, other items visitors cross the border for – tax free shopping and low(ish)-taxed cigarettes – or tolls on I-95 and RT1, which pushes our percentage even higher.
 
As Albright outlines in his article, Delaware is one of the top five per capita spenders on government, based on studies from the Brookings Institution and the Kaiser Family Fund. This fact, in spite of Delaware having one of the lowest tax liabilities in the country, has allowed state spending to rise without its citizens feeling the pain. Or so the story goes. The business community, however, has seen its share of costs mount each year, from double digit increases in health care costs, increases in the costs of doing business from additional regulatory burdens imposed by the state, as well as increases in other operating costs such as utilities.
 
The answer to the question of whether an increase in taxes is necessary to cover increases in state government is, in our view, going after the solution the wrong way. Focusing first on what Delaware’s government should look like, and on making government more efficient, should be the answer. Simply saying more money is needed, without combined efforts to eliminate duplicate or wasteful spending is a recipe for the continued trend of businesses relocating, and residents moving across state lines.
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DEFAC Forecast Shows Minimal Growth, P3 Board Meets for the First Time

9/21/2017

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by James DeChene

This week DEFAC met, and forecast an additional $64 million in revenue for FY19, if the budget were to remain the same. While positive news, the forecast did not consider the contract negotiations with Department of Corrections on salary increases, nor did it factor in student enrollment numbers and new Medicaid rates, which won’t be released until later this fall.  You may recall from last year that the student enrollment and Medicaid increases resulted in an additional $150 million the state budget writers needed to factor in, and represented about 40% of last year’s budget gap. Those numbers will be available for consideration at the upcoming December 18th meeting, which will also be the forecast Governor Carney will use when crafting his recommended budget.
 
Also this week, the board of the Prosperity Partnership, the P3 created to replace DEDO, met for the first time. The organization is officially up and running, and now comes the work of getting itself operational. The coming months will flesh out how the entity will operate.  We will continue to update our members as more information is available.
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Governor Signs Economic Development Bill

8/17/2017

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by James DeChene

A mostly quiet August is upon us so far, and this week, the excitement came at the beginning when Gov. Carney signed HB 226, establishing a Public Private Partnership focusing on economic development and bringing/retaining jobs in Delaware. As many of you know, this was a top priority for the State Chamber, and we are pleased to have the bill become law, but now the real work begins.

Murmurings over next year’s budget, and an almost certain shortfall, are making their way through the state.  Expected increases in school enrollments and Medicaid expenses (combined last year to be $150 million) are driving what could be another $300 million budget gap. How this hole will be filled is unclear as of now, but the hope is to have discussions prior to the start of legislative session to work out possible solutions.

The Adult Use Cannabis Taskforce meets for the first time on September 6. I’m interested in any feedback from the business community on what legalizing recreational marijuana would mean for your business operations. Feel free to email me at: [email protected]

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FY18 Budget Breakdown

7/13/2017

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by James DeChene

As widely reported, the FY2018 budget passed with a mix of new revenue and a number of expenditure cuts and other reductions. The ratio was about 48% new revenue ($182.7 million) and 52% cuts ($195.1 million), roughly meeting Governor Carney’s goal of a 50-50 split to fill a budget gap of $377.8 million.

The new revenues are fairly easy to account for: increasing the corporate franchise tax ($116.1 million), raising the alcohol excise tax ($5.2 million), raising the tax on tobacco products ($11.9 million), and raising the realty transfer tax ($45.6 million), changes to insurance policy charges ($4.6 million) and one-time special funds ($3 million).

Tax cuts, and reductions of proposed increases, came from, among other things:
  • Funding grants-in-aid at 80% of FY2017 levels ($8 million)
  • Cuts to flexible education spending ($26 million)
  • Increases in employee cost share for healthcare ($2 million)
  • Reducing the senior citizen property tax credit ($5 million)
  • Overall non-personnel state agency cuts ($3 million)
  • Pension adjustments ($12 million)
  • Eliminating WEIC funding ($7.5 million)
  • Cutting 200 positions within state government ($5 million)

Among the questions that remain are what happens next year, and more importantly, did this year’s mix of increases and cuts put Delaware on a path to not face a substantial budget crunch next year?  Many think the answer is, “No”.

Simply put, nothing contained in the revenue package is designed to be a fix for Delaware’s structural issues, and the list of funding issues the state faced this year only increase next year, including:
  • The cost of public employee health care
  • The rising cost of Medicaid spending
  • Increases in overall public school enrollment, including steady increases of children with special needs
  • Revenue growth projections that are flat (DEFAC forecasts that FY2019 revenue will be .5% higher than FY2018)

The Delaware State Chamber of Commerce believes in the time available between now and the end of 2017 should be focused on discussions and planning on how to address these issues in the next part of legislative session. Waiting to solve budget crises with a complicated series of steps, such as the removal of itemized deductions, or looking for new, last minute, sources of revenue makes for ill-formed policy. The ability to have in-depth discussions regarding the impacts of tax increases and spending cuts will go a long way to helping set Delaware on a path to prosperity.
​
click for itemized list of jfc reductions
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