The Delaware Senate Republican Caucus will seek an advisory decision from the Supreme court over a decision by the General Assembly’s Joint Finance Committee to distribute nearly $29 million in funds from a mortgage practices settlement without a vote of the full General Assembly. Click here for earlier story.
“This is clearly unconstitutional,” said Senate Minority Leader Gary Simpson (R-Milford). “Article VIII, section 6 of the State Constitution states that ‘No money shall be drawn from the treasury but pursuant to an appropriation made by Act of the General Assembly.’ There has been no ‘Act of the General Assembly’ in this instance.”
“We were told that there would be a full floor vote on this action, and now, after the committee vote, we’re being told that vote will not take place,” said Senate Minority Whip Greg Lavelle (R-Sharpley). “This sets a significant precedent for spending outside the budget process. Every citizen of Delaware deserves their constitutionally-guaranteed right to vote on these matters through their elected representatives.”
The Joint Finance Committee cited its authority from an opinion written by Attorney General Matt Denn. It was Denn who requested the money for a variety of purposes, many not tied to housing.
“Of course Matt Denn will say it’s okay for the JFC to give Matt Denn money to spend,” said Sen. Dave Lawson (R-Marydel), who voted against the proposal. “We need an opinion from a higher, unbiased authority.”
Senate Republicans will be introducing a resolution requesting an advisory opinion on the constitutionality of this spending action from the Delaware Supreme Court.
