Sussex Review

Following a controversial Kent County lodging tax that skated through the tail end of the 2019 legislative session, Republican House leaders are calling for reforms to incorporate more checks and balances.

State Rep. Danny Short, R-Seaford, State House minority leader, and state Rep. Tim Dukes, R-Laurel, State House minority whip, published their commentary in the Delaware State News, detailing what they call a troubling pattern of legislation that passes with little debate, sometimes in the middle of the night.

“Our system is broken, serving only those who have a vested interest in preserving a process of exclusion,” they wrote.

Along with Republican Senate colleagues, they have put forth possible remedies.

“House Bill 136 is a proposed constitutional amendment to end the last legislative day of the session at 7 p.m. The General Assembly could meet afterward in special session, but only between 9 a.m. and 9 p.m. An exception to the rule, requiring a super-majority vote, would allow lawmakers to handle emergencies. Once adopted, this law would all but block legislators from passing bills under cover of darkness as their constituents sleep,” they wrote.

Additionally, they have proposed a constitutional amendment to create a “Delaware Crossover Day,” an approach already used by 26 other states.

“Maryland, Virginia and Georgia are among the states with laws mandating that all bills crossing from one legislative chamber to the other must do so well before the end of session. Under House Bill 135, any measures heading to the House or Senate from the other chamber would have to arrive on or before June 20, 10 days before the end of session,” they wrote.

In keeping with the Delaware budgeting process, the two proposals would not apply to the state operating budget, capital budget and Grants-in-Aid bill.

“That is where House Bill 26 comes into play. This proposed constitutional amendment would require a delay of 48 hours between the introduction and a vote on the three major appropriation bills. The brief pause would give citizens, legislators, and members of the media time to review the state’s spending plans before they were enacted. Again, a super-majority vote could suspend the law in the event of unforeseen conditions,” they wrote.

While Short and Dukes hoped for bipartisan support, it has so far proven elusive.

“All three of the proposals cited in this column have been illicitly bottled-up in the House Administration Committee in violation of House Rules that require that all bills assigned to a committee must be heard within twelve legislative days. These measures are not alone in such treatment,” they wrote.

They conclude by urging citizens, regardless of political affiliation, to demand more accountability and transparency from their government. “The previously cited proposals, as well as others that are languishing in legislative limbo, seek to make such improvements. Delawareans are being short-changed by the current dysfunctional process that only their active participation can help fix,” they wrote.