GOVERNMENT

Delaware Senate completes override of governor's veto to State Employee Benefits Committee changes

By Joseph Edelen
Posted 6/27/24

DOVER — The state Senate unanimously voted to override Gov. John Carney’s veto of House Bill 282 Thursday, enacting the measure into law while completing the General Assembly’s …

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GOVERNMENT

Delaware Senate completes override of governor's veto to State Employee Benefits Committee changes

Posted

DOVER — The state Senate unanimously voted to override Gov. John Carney’s veto of House Bill 282 Thursday, enacting the measure into law while completing the General Assembly’s first successful veto override in 47 years.

Following the vote, Senate Majority Leader Bryan Townsend, D-Newark — who served as a leading sponsor of the bill — and other members of Democratic leadership said their belief is that, any steps to control health care costs in the state should be done while providing a seat at the table to those most impacted by the decisions.

“While the Senate vote today marked the first successful override of a Delaware governor’s veto in 50 years, this vote was not about us, and it was not about Gov. John Carney,” the statement reads.

“This was a vote of confidence in our state workers and the labor unions who fight for their interests each and every day.

“We believe state workers and retirees deserve a seat at the table when decisions are being made that will impact the health and welfare of their families for years to come. We trust state workers to fairly balance their personal interests with the interests of their communities, just as they trust us to protect the benefits promised to them during their dedicated careers in public service.”

House Bill 282 would shift membership and leadership positions on the State Employee Benefits Committee.

It would make the Office of Management and Budget director the lone committee chair; remove the Department of Human Resources secretary from leadership while retaining position as a voting member; make the Controller General a nonvoting member; and replace one governor-appointed retiree with two legislatively appointed state pensioners.

The legislation spawned from nearly a year of work from the Retiree Healthcare Benefits Advisory Subcommittee, which was established in January 2023 after the state’s 2022 attempted implementation of a Medicare Advantage. The plan’s implementation was halted by Delaware Superior Court in October 2022.

The committee developed seven legislative recommendations, including House Bill 282, which was led by co-vice chair Rep. Paul Baumbach, D-Newark, co-vice chair Sen. Townsend, and members Senate Minority Whip Brian Pettyjohn, R-Georgetown, and House Minority Leader Mike Ramone, R-Newark.

Gov. Carney vetoed the measure Tuesday nearly a month after the legislation received final passage in the House of Representatives.

Following the Senate’s vote Thursday, the governor remarked on the fiscal protection efforts of his administration, which “keep taxes low, prevent painful budget cuts and continue to fund important priorities for Delaware families,” while adding that House Bill 282 “runs counter to those efforts.”

“As I said in my veto statement, this bill will make it harder for state leaders to manage over $1 billion in health care expenses — roughly one sixth of our state budget. That’s not smart public policy. It puts the interests of Delaware taxpayers at risk. It could lead to higher taxes and limit our ability to give pay raises to teachers, active state employees and pensioners, as we’ve done the last several years,” Gov. Carney said in a statement.

“With that said, sometimes we have disagreements with members of the General Assembly. This is one of those times. I look forward to finishing this session by working together with legislators and doing as much good as we can for the people we’re fortunate enough to serve.”

The General Assembly’s veto override – which requires three-fifths support — marks the first such action in nearly 47 years. The last time a veto override occurred was July 6, 1977, when both chambers voted to override Gov. Pierre S. du Pont’s veto of the 1978 fiscal year state supplemental budget.

Since Gov. Carney took office in January 2017, he has vetoed a total of nine bills. Those bills range from allowing Family Court to interview children involved in Protection From Abuse proceedings to expanding jurisdiction of the Police Officers’ and Firefighters’ Employment Relations Act.

Prior to this week, the last time a veto override attempt occurred was in June 2022, about a month after lawmakers passed legislation to legalize the use and possession of marijuana that May.

Gov. Carney vetoed the measure nearly two weeks after its final passage, and the bill was returned to the House of Representatives, where lawmakers were unsuccessful in their attempt to override Gov. Carney’s veto, resulting in a vote of 20 yes, 20 no and one not voting.

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