How The Delaware General Assembly Got Away With Not Needing A 3/4 Vote To Pass The State Budget

Last summer, many folks took notice the Delaware Senate did not pass the state budget with a 3/4 majority vote as required by Delaware state code.  There was a specific reason they needed a 3/4 vote.  That was because the universities and charter schools they have appropriations for are considered corporations.  The law states the 3/4 vote is needed to appropriate money to corporations.  If they didn’t give any money to those entities, they only need a majority vote.  At the end of the legislative session in 2015, State Senator Colin Bonini introduced Senate Concurrent Resolution #39 which formed a working group to determine if the universities and charter schools were indeed corporations as defined in state code.

The group met twice and quickly issued a letter to Governor Markell which determined charter schools, the University of Delaware, and Delaware State University are not “corporations” as was originally written in the law because they have many key relationships with state government.  So therefore, that was why the 3/4 majority vote was not needed, based on a legal opinion which came out of all this.