Delaware House OKs budget plus plastic bag, disability wage bills

By Matt Bittle
Posted 6/23/21

DOVER — The Delaware House of Representatives passed legislation Wednesday containing the operating budget for the fiscal year starting July 1. The budget bill now goes to the Senate, which …

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Delaware House OKs budget plus plastic bag, disability wage bills

Posted

DOVER — The Delaware House of Representatives passed legislation Wednesday containing the operating budget for the fiscal year starting July 1. The budget bill now goes to the Senate, which must pass it by July 1.

In addition, the capital budget and the grant-in-aid measure allocating funding to nonprofits still must be finalized. They won’t receive a vote until next week.

The operating budget totals $4.77 billion from the state’s General Fund, which consists of tax revenue and related income. In addition, there is a one-time supplemental bill that allocates $221 million.

Much of the funding in the supplement will be used for pay raises and pension increases. Most state employees will see a $500 increase in their pay, as well as a $1,000 bonus. Pensioners will receive $500 bonuses and percentage increases.

“We were fortunate this year that, even in the wake of a global pandemic, we had the resources and the will to make the kind of investments that will strengthen our state’s economy, support our workers and retirees, and broaden educational opportunities for our children up and down the state,” Rep. Bill Carson, a Smyrna Democrat who is the co-chair of the General Assembly’s budget-drafting Joint Finance Committee, said in a statement.

“I want to thank co-chair (Sen. Trey) Paradee, my fellow members of the Joint Finance Committee, Controller General Ruth Ann Jones and her dedicated staff, as well as all of my colleagues in the House for their support today.”

The spending plan for the upcoming fiscal year totals about 5.4% more than the current one.

The budget contains, among myriad other items, funding to provide more support to students living in poverty or learning the English language, prevent higher health care costs for state employees, offer students mental health services, implement police body cameras statewide and increase reimbursement rates for professionals who work with adults with intellectual and developmental disabilities.

“This budget demonstrates a strong commitment to improving public education in Delaware and targeting underserved students and those with special needs, and supporting the educators who are dedicated to helping them shape their futures,” Rep. Kim Williams, a Newport Democrat and JFC member, said in a statement.

“Though some of these investments in our schools are long overdue, I am thankful for the transformation they will help bring about for communities all across Delaware.”

The House approved the budget with one vote against and two abstentions Wednesday, while the supplement passed unanimously.

Other House votes

Also Wednesday, the House passed legislation to ban carryout plastic bags and eliminate the subminimum wage for people with disabilities.

House Bill 212 builds on a measure that was approved in 2019 and took effect this year to limit the use of plastics at large stores and chain outlets. Under the law, establishments with more than 7,000 square feet of retail sales space or at least three locations which each have a minimum of 3,000 square feet of sales space are not permitted to provide “any single-use plastic carryout bag” to a customer.

Despite that, some stores continue to do so, taking advantage of a loophole in the law that allows use of thicker plastic bags even if they are not intended to be reusable.

Under the legislation approved Wednesday, only reusable bags made of fabric would be allowed to be handed out at large retail stores. The bill does contain exceptions for plastic bags used to wrap meat or plants, bags that contain loose items, bags with live animals, bags placed over articles of clothing on a hanger and bags used to transport chemical pesticides, bakery goods or prepared foods.

House Bill 212 would take effect in one year.

“It has been my pleasure to work with colleagues to finally ban plastic bags in Delaware. In 2018, in America, only 8.7% of plastics were recycled, generating 33 million tons of unrecycled plastic,” Rep. Eric Morrison, a Glasgow Democrat, said in a statement.

“Plastics released into the environment degrade into micro-plastics and harmful chemicals that pollute our waterways and land, adversely impacting not just our environment but our health and the health of wildlife in the water and on the land. I am happy to see us build upon the original law and move one step closer to a plastic-free Delaware.”

According to the U.S. Environmental Protection Agency, 90% of plastic bags and similar items were not recycled in 2018, resulting in more than 3 million tons’ worth ending up in landfills. Per the Delaware Department of Natural Resources and Environmental Control, landfills in the state see almost 2,400 tons of plastic bags every year.

The bill passed 28-12, with one abstention.

Legislation to lift the minimum salary for individuals with disabilities up to the state minimum wage was approved by the chamber 39-1, with one member not voting.

State law allows the Department of Labor to set the wage floor for “individuals whose earning capacity is impaired by age or physical or mental deficiency or injury” below the minimum wage as the agency deems “necessary or appropriate to avoid hardship or prevent curtailment of opportunities for employment.”

House Bill 122 would eliminate that provision, directing the Employment First Commission to work with stakeholders and develop a plan for phasing out the lower wages.

Under an amendment attached to the bill Wednesday, the state would also be tasked with ensuring “adequate funding is available for more intensive services that may be necessary in the future.”

The state minimum wage is currently $9.25, although under legislation approved last week (but not yet signed), it will rise to $15 by 2025.

Rep. Rich Collins, a Millsboro Republican, was the lone representative to oppose the measure, expressing concerns the bill will cause individuals with disabilities to lose their jobs. Some people with severe disabilities are unable to do most work at a high level, he said, describing them as being employed through acts of “charity.”

Rep. Collins’ comments touched a nerve, with several legislators accusing him of being insensitive and urging him to use different language.

“My daughter has a job, and it’s not a charity job,” said Rep. Debra Heffernan, a Bellefonte Democrat and the bill’s main sponsor.

In response, Rep. Collins accused the House of stifling him: “It is really bothersome to me though that we cannot even discuss these issues ... I don’t even understand how I can talk about it because you try to shame me every time I bring up what I consider to be valid concerns.”

Both bills now go to the Senate.

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