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State of Delaware
Office of the Governor
State of
the State Address of Governor Ruth Ann Minner
January
23, 2003
Governor Minner may deviate from prepared remarks
Lieutenant Governor Carney, President Pro Tem Adams, Speaker
Spence, members of the 142nd General Assembly, members of the
Delaware judiciary, members of my Cabinet, distinguished guests,
my family and my fellow Delawareans…
As I
stand before you today, I can report that the state of the State
of Delaware is strong. We are a leader in educating children and
protecting health. We are in the forefront in cracking down on
polluters and in preparing for bioterrorism.
We are
recognized for our plans to curtail sprawl and make our state
more livable. And while we confront a national economic
recession with challenges that still lie ahead, we have shown
that Delaware’s finances remain sound.
As my 49 colleagues around the country give their State of the
State addresses this month to your colleagues, you and I are
nearly the only ones who can say we have not raised taxes,
drastically slashed services, laid off state workers or raided
our emergency reserve funds in the last two years.
In fact, while other states have opted for one-time and
short-term fixes, we have taken the responsible and prudent
course of seeking long-term solutions to our fiscal situation.
The reason for Delaware’s success – over the last two years and
over the last two decades – has been our willingness, our
ability and our will to focus on the future of our state, even
when it means making unenviable decisions in the present.
As in the past, we have worked together – legislative and
executive, Democrats and Republicans, senators and
representatives – to do what is best for Delaware. It’s what we
mean when we refer to “the Delaware way.”
There are times when we must rise above the political turmoil of
today and focus on the tomorrow. This is one of those times, and
the opportunity we have is for future Delawareans to look back
and see that we focused on their good, perhaps ahead of our own.
So let me begin discussing these opportunities.
Industrial accountability
In the last two years, we have strengthened Delaware’s
environmental laws to better protect and inform the public. In
2001, the Environmental Right-To-Know Act met the expectation of
our citizens that we inform them of environmental incidents in
their communities.
Last year, the Jeffrey Davis Aboveground Storage Tank Act gave
the state, for the first time, authority to regulate chemical
and other tanks that have the potential to cause harm to our
workers, our residents and the environment. And we put those
facilities that repeatedly foul our air and water on notice that
they will be branded “chronic violators” and subject to harsh
penalties.
We must continue our efforts to focus on those industries and
facilities that endanger Delaware and, for the first time, hold
the individuals in charge of those facilities accountable.
I have proposed legislation, with Sen. McBride and Reps. Smith
and Valihura, to focus on those who manage industrial facilities
and their responsibilities to the community and state in which
they do business.
This industrial accountability legislation will create a felony
punishment for industrial officials who knowingly violate
environmental standards and cause serious injury when they do.
It will
expand criminal penalties for falsely reporting adherence with
environmental rules and require the top Delaware operating
officer of a facility to attest to its compliance with safety
rules.
It will
subject chronic violators to independent safety audits and
require industrial facilities to give us notice of environmental
problems they have in other states.
Finally,
this industrial accountability proposal will clarify the ability
of the state to close down dangerous industrial facilities. This
is a bold initiative, but it is a necessary next step in our
ongoing effort to protect our most precious resources.
Today, I am also announcing the creation of a task force to
review the events that led to the closure of the Metachem
facility near Delaware City.
The abrupt shutdown of the plant and bankruptcy of the company
have saddled the people of Delaware with 40 million tons of
chemicals to clean up and up to $75 million in costs.
The goal of the task force will be to determine what
environmental, operational, business and financial factors
played a role in the Metachem closure and identify any steps we
as a state could take to prevent this situation from occurring
again. The task force will also work to identify any other
industrial facilities that are at risk of becoming the next
Metachem.
I will name as its chair a man who is well respected for both
his love of this state and his ability, honed as one of our
state’s most respected jurists, to seek the truth. I am pleased
to have with us today the new task force chair, former Supreme
Court justice, Chancellor and Superior Court judge, William
Quillen.
In the coming months, I will announce additional initiatives
designed to encourage and require industrial responsibility and
environmental protection in Delaware. I look forward to sharing
and working on them with you in the weeks ahead.
Livable Delaware/water supply/energy
The Minner-Carney administration’s Livable Delaware plan for
curbing sprawl and managing growth has changed the way state and
local governments approach development.
Because state taxpayers pay for the roads, schools and other
services demanded by new development, we have asked our counties
and towns to plan where they build and to build only where they
plan.
About two-thirds of the state’s municipalities and all three
counties are in the process of reconsidering or adopting a
growth plan. The result, over time, will be more responsible and
thoughtful growth.
Often, when plans for new development are proceeding through the
local approval process, state government finds elements of those
plans to be problematic, from the location of road entrances to
the impact on the environment. Often these issues arise very
late in the process, inconveniencing local officials, concerned
citizens and developers as well.
This year, I will propose a legislative change to the Land Use
Planning Act process to create a pre-application step for
projects of a certain size. This proposal would bring together
the developer, local governments and state agencies before a
project is submitted for approval.
This step would eliminate many of the last-minute objections and
changes that take place now and, with the consultation of state
agencies earlier, may result in projects that are more suitable
for the affected community.
The issue of development in northern New Castle County cannot be
addressed without addressing the issue of water supply.
During the 2002 drought, Delaware was the last state in the
region to impose mandatory water restrictions and the first
state to lift them.
That is not because we were inattentive, but because of the
interconnections among water providers that allow the sharing of
supplies, the suppliers’ ability to manage flows throughout
their systems, and DNREC’s oversight. I commend the
public-private teamwork that went into managing this year’s
drought, the most serious water shortage our state has seen in a
century.
But the growth of our state’s population means significant
action is necessary to ensure that water is available to every
Delaware resident and business, even in a drought. I propose
today that we embark on an effort to make certain that northern
Delaware achieves water self-sufficiency by the year 2010.
We have already begun progress toward that goal. The Public
Service Commission is reviewing last year’s drought to identify
future solutions. And the state, municipal water suppliers and
private water companies are working together to identify the
steps that must be taken to provide adequate water for everyone.
Whether we are at the end of a period of strange and turbulent
weather or whether it will continue, I cannot predict. In
Delaware, of course, weather is the responsibility of
the Lieutenant Governor.
But in the past year, we have seen a mild winter, a dry spring,
a summer drought, a fall too wet for some and a restoration of
needed water supplies for others. We are likely now
experiencing a normal winter but one that strains household
budgets for heat and transportation.
That’s why, by this time next year, I hope to have before you a
first-ever comprehensive state energy plan: one that will make
us more self-sufficient in a world that sees uncertainty, one
that will nurture new Delaware companies that are part of the
fast-moving technology changes, and one that will provide
incentives for homeowners and businesses to take part in the
energy transition to renewable products.
As we strive to keep the challenges of the present from becoming
the crises of the future, energy in our state is one we must
address. We will work together to address it.
Homeland security
At this time last year, I told you that much of my legislative
agenda for 2002 would focus on protecting our state from the
threat of terrorism. Working together, you and I accomplished
most of this agenda.
We passed several pieces of legislation, the most important
being the Delaware Emergency Health Powers Act.
Now our food producers, pharmacists, veterinarians and medical
community are all part of a massive early-alert network that
will allow us to detect bioterrorism in the critical early hours
when it strikes. Now we have a set of rules and procedures that
will help us react swiftly and effectively if a bioterrorism
attack does occur.
And now we have some of the most sweeping medical record privacy
rules in the country, so that Delawareans can be assured that
their medical privacy will not be compromised in the event of a
bioterrorism or chemical attack.
Taken together, today we have the most comprehensive and
effective anti-bioterrorism system in the country, and I thank
the General Assembly for its help in dealing with this
complicated but important issue.
My work on homeland security will continue this year. I will
work with my homeland security adviser Phil Cabaud to secure
from the federal government the necessary resources to improve
our public health alert and first responder systems.
I cannot address homeland security without recognizing the 245
men and women of Delaware’s National Guard currently deployed on
active duty, many as part of our country’s war on terror.
Another 137 are expected to join them at the end of the month. I
know you join with me in offering thanks to them and their
families for their courageous services, as well as our prayers
and wishes for their safe return.
Health and safety/cancer
One of government’s most sacred duties is to protect the health
and safety of its citizens. And we are doing that in Delaware.
In the area of public safety, we have supported our emergency
responders by fixing the long-troubled 800-megahertz radio
system that is the backbone of communication for firefighters,
police officers and EMS workers.
Lt. Gov. Carney has distributed more than 20,000 free cable gun
locks, hoping they will keep those guns from becoming part of
the tragic accidents we often read about and shudder.
Last year, you joined me in strengthening the penalties for
individuals who repeatedly drink and drive. But there is more to
be done. I ask, once again, for the General Assembly to lower
the legal blood alcohol level while driving to .08 and to ban
open containers of alcohol from the passenger compartments of
cars and trucks.
It is estimated that these measures will save lives, prevent
injuries and prevent the loss of at least $1.6 million of
federal highway funding.
I have spoken to you and the people of Delaware often of my
desire and commitment to reduce the high rate of cancer
incidence and mortality in our state.
Last year, the Delaware Advisory Council on Cancer Incidence and
Mortality produced what I consider a landmark report on cancer
in our state. It contains specific recommendations that doctors,
cancer survivors and family members of cancer victims tell us
will lower Delaware’s cancer rates, a personal priority of mine.
My budget proposal will include a plan to spend $5 million from
the tobacco settlement fund on the first-year recommendations of
the cancer council. These funds will be used to begin early
screening for colorectal cancer, to pay for cancer treatment for
the uninsured, to begin to investigate environmental causes of
cancer and to reduce tobacco use in Delaware.
I’d like to recognize and have all of us thank the Delawarean
who led the council and provided a road map for our efforts to
fight cancer. His commitment to his son, who was diagnosed with
leukemia but is now in remission, has turned into a commitment
to all Delawareans with cancer. Please welcome Bill Bowser.
One of the recommendations of the cancer council, one approved
by this legislature, was the Clean Indoor Air Act.
Character education
In our schools, we are seeing the results of the standards and
accountability program that our state committed to a decade ago.
In the last two years, we have seen improvement in reading and
math scores in all the key grades in our accountability system.
This, to me, shows the wisdom of setting high standards, of
deciding together how to help our children meet those standards,
and in remaining committed to the means that will lead us to our
desired end – a truly world-class school system. We will remain
true to this commitment.
As we develop our children’s intellect and abilities, we should
also seek to develop in them virtues that are good for them and
good for society.
To do this, I have directed the Secretary of Education to
research and identify innovative character education programs
that could be added to school districts at little or no cost to
them. This curriculum addition would be completely voluntarily,
but I believe those schools who take advantage of character
education will find themselves producing better students and
better citizens.
Campaign finance reform
For the elected officials here today, each of us arrived through
the democratic process, a system of representation that began in
our state and nation more than 200 years ago. I believe we have
a responsibility to maintain and improve that process.
In keeping with that responsibility, I believe it is time to
address the issue of campaign finance reform in Delaware, in
particular the newest kind of attack ad paid for by “independent
expenditures.”
I am talking about the vicious, personal attacks against
political candidates—both Democrats and Republicans—by
organizations with mysterious sounding names no one has heard of
until campaign season.
These independent expenditures allow such groups to evade our
campaign contribution limits, buy the outcome of elections, and
worst yet, the negative ads they pay for sour our citizens on
the political process.
We can’t stop these ads. The First Amendment protects them. But
I believe we can do two important things. First, we can
strengthen our laws to make sure these ads are really
independent, and not simply efforts by political candidates to
circumvent our campaign finance laws.
Second, we can make a better effort to require the people who
pay for these ads to reveal who they really are, rather than
letting them hide behind fictitious names and bogus groups.
So, in the coming months, I will submit for your consideration
campaign finance reform legislation to address these problems
and I ask you to consider it carefully.
Economic
development/technology court
As you know, Delaware has struggled over the last few years as
the country’s economy has softened. But there have been some
bright spots.
Two weeks ago Palmetto Management and Engineering announced it
would bring 350 high-wage jobs to Wilmington.
Last week, Bank One agreed to locate two new state of the art
data centers in Delaware – one in Bear and one in Wilmington –
and create 100 jobs. That means a total of 2,600 new jobs have
been created in Delaware since January 2001.
Also last week, I was proud to reveal that M&T Bank will keep
the Allfirst facility in Millsboro open, a facility many thought
sure to close when Allfirst’s merger with M&T was announced last
fall. In fact, M&T may even expand in Millsboro in the future,
bringing more employment opportunities to our state.
These announcements show that Delaware continues to be a
desirable place to do business.
Last year, the Strategic Economic Council, led by DuPont senior
vice president Stacy Mobley, recommended a number of steps for
making Delaware’s economy even stronger. Among the
recommendations was one that Delaware create special procedures
in its already well-respected Chancery Court to hear disputes in
the area of technology-related commerce.
According to the Council, “in the coming decades, we cannot
maintain expertise in law – whether in intellectual property,
privacy, patent and trademark, or the UCC – without expertise in
the increasingly complex technological developments involved.”
To maintain Delaware’s preeminence in the area of business law
and preserve the sizeable economic impact business law has on
our state, I will submit legislation creating new “technology
court” procedures for your consideration.
I will
also reconvene the Council throughout the year to continue to
identify opportunities and policies that will keep Delaware
first in job retention and creation.
Budget preview
Finally, you have agreed to allow me to return to you next week
and detail my proposed Fiscal Year 2004 budget. So I will not
dwell much on it today.
What I will say is this: The task for you and I in enacting a
balanced budget is considerable. When I began work on the budget
proposal, the gap between projected revenues and expenditures
for FY04 stood at $300 million – more than 10 percent of our
budget.
The gap existed because the current projection of revenues next
year is that they will be less than state government’s level of
spending this year.
Add to that the largely unavoidable increases to the budget from
the mandated costs we see every year: increases in Medicaid,
increases in health care and prescription costs, increases in
costs for schools because of a growing student population, and
increases in costs for our growing prisons.
Further complicating the budget picture is the fact that
revenues for FY05 are also currently forecast to be lower than
this year’s budget and economists are not forecasting a quick
recovery – in fact many are forecasting a “double-dip” recession
instead.
In short, there is a structural problem in our state budget: the
fact that revenue forecasts for the next two years are well
below the current level of expenditures.
The only responsible ways to align revenues and
expenditures are to cut the budget in ways that are sustainable
or raise sustainable revenue. Temporary or one-time revenue
sources will not solve the fundamental and structural budget
problem our state faces.
As you know, my philosophy during these past two years has been
to avoid quick fixes that sacrifice long-term fiscal health.
Since I took office, we have cut or saved almost $200 million
from the budget. In fact, these cuts began on my second day in
office. The FY04 budget I propose next week will include further
cuts.
One such cut has already been announced -- the closing of the
Gov. Bacon Health Center in Delaware City. The state has been
operating three nursing homes when it only needs two, creating
the opportunity to save $2.5 million without diminishing
services to citizens or putting state employees out of work. The
level of care these patients receive will not change as they and
the employees who have served them so well are moved to one of
our two other health care facilities.
When I release my budget proposal and as we discuss it between
now and June 30, I urge those of you who were here to remember
and those of you who weren’t to look back at the way our state
has faced such challenges in the past.
I know how difficult these next few months will be. Many of us
in the chamber were here in the 1970s and in the early 1990s,
the last two times our state faced a fiscal crisis of this size.
We know that the only way to solve the problem is together –
legislative and executive, Democrats and Republicans, senators
and representatives – in the Delaware way.
Conclusion
As I said when I began, this is a time of challenge and of
opportunity. This is a time for a focus on the future. This is a
time to face the realities of our situation and to work together
to find responsible solutions.
Newsman Edward R. Murrow once said, “Difficulty is the excuse
history never accepts.”
We face difficult decisions over the next several months. Let us
work together to prove ourselves and our mettle to history.
Thank
you.
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