Today wraps up a busy week for the General Assembly! Several bills were acted on or introduced which will impact the business community. Below is a summary of those bills. Bills introduced:
Bills acted upon:
Please let us know if you have any comments or questions regarding any of these items. The State Chamber will continue to follow these bills along with others. One bill of note which is scheduled to be heard in Committee next week is HB17 (paid sick and safety leave). The bill requires all employers in the State to provide employees with a minimum of 1 hour of earned sick time and safety leave for every 30 hours worked. The State Chamber is opposed to the bill and will be testifying at the hearing on Tuesday, March 19 at 12:45pm (Note: the timing of this meeting has changed as of 3/15). You can view the meeting notice and sign up to listen or comment here. If you’re a business owner, please consider signing up to testify how this policy will impact you.
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The General Assembly returned to session this week from the Joint Finance Committee break. The week kicked off with Governor Carney delivering the State of the State Address on Tuesday. Some topics he touched on included strengthening the economy, protecting the environment, and responsibly managing the state budget. You can learn more and watch the full address here. In addition, several bills were introduced recently that the State Chamber is engaged with. Those bills included:
The State Chamber is looking for feedback from our members on these bills. Please let me know if you have any questions or feedback regarding any of these items. One bill of note that saw movement this week was SS1 for SB147 (Computer-Related Crimes). The bill creates an exception to the computer crimes under §§ 932, 933, and 935 of Title 11. The bill passed in the Senate and now moves to the House for consideration. The State Chamber is going to be seeking amendments for this bill. By Tyler Micik Today wraps up the last day of session for the General Assembly before Joint Finance Committee (JFC) hearings begin next week. The General Assembly will return to session on Tuesday, March 5, which is the date of the Governor’s State of the State address. The Governor delivered his FY25 recommended budget address today in Dover. You can view a copy of the presentation here. The Joint Finance Committee will hold hearings throughout February to discuss the Governor’s recommended operating budget. The proposed $6 billion operating budget includes $66 million in grants-in-aid, $943 million for bond and capital improvements, and $91 million for the one-time supplemental budget. The Governor’s recommended budget also includes $52 million towards economic development. This investment supports the site readiness fund and Ready in 6-like programs, among others – which is a top priority of the State Chamber. Since 2017, investments in economic development have helped add 32,100 jobs to Delaware's economy – which is the best job growth the state has seen in the past twenty years. Lastly, one particular area the Governor emphasized is Delaware's rising health care costs. The budget calls for nearly $2 billion dollars to be spent on Medicaid and insurance plans for state employees and retirees. Which is a $200 million dollar increase from FY24 and accounts for nearly 40% of operating budget growth. Unless this is addressed health care costs will continue to crowd out investments in other areas like economic development, affordable housing, and childcare among others. By Tyler Micik
In came the snow and out went the General Assembly! This week was a relatively quiet week in Dover. Session was cancelled on Tuesday due to the weather and the General Assembly planned on holding a joint session today due to the Governor’s State of the State Address, which was postponed this morning. A new date will be announced soon. Although this week was short, things are sure to pick up soon. There are several bills, which the State Chamber is following, that were introduced last year and are awaiting consideration by the General Assembly. Some of those bills include HB248, HB249, and HB246. A great way to stay up to date on the bills we’re engaged on, which may impact your business and employees is to join one of our policy committees. You can learn more about them here. Our committees give us critical feedback and help guide our positions on policy issues. To learn more or participate, please contact me at tmicik@dscc.com. By Tyler Micik The 152nd Delaware General Assembly gaveled into the second and final leg of session this week. As a reminder, any bills that were introduced last year and were not defeated or enacted remain active and carry over to this year. Overall, it was a pretty light week as far as acted-upon legislation goes – only a small number of bills (none of which the State Chamber is following or engaged on) were heard in committee and placed on the full agenda for a vote in both Chambers. Additionally, the Senate did not gavel into session on Wednesday. Much like the first week of school, this week is a time for legislators, lobbyists, and others to catch up after the long break and welcome new faces. One of those new faces is Representative Valerie Jones Giltner who was sworn into office on Tuesday. Rep. Giltner replaces Rep. Briggs King, who resigned in November, and will represent Delaware’s 37th House District. The State Chamber looks forward to working with her and all the members of the General Assembly this year in support of our 2024 policy priorities. One issue the State Chamber has its eyes on and will be a topic of conversation in the coming weeks is HB249, known as the DNREC Permit and Fee Increase Bill. The current version was introduced on June 28th and has been assigned to the House Natural Resources and Energy Committee. We expect a substitute bill to be introduced, although it’s unclear what it will look like. As currently written, HB249 proposes 155 permit/fee changes. DNREC is proposing these changes because 92% of the fees have not been adjusted since 1991. The proposed adjustments aim to contribute to funding investments in technology, salaries, and other aspects for the Department. You can view the bill here and a copy of the fee proposal chart here. Please look at both and let me know if you have any thoughts/feedback. We want to hear from you! And if you’re interested in staying up to date on environmental policy, consider joining our Environmental Committee. By Tyler Micik It's a new year and as the sound of holiday bells subsides, the ringing of bells within Legislative Hall begin again, signaling the start of the second leg of the 152nd Delaware General Assembly. The State Chamber looks forward to working with members of the Delaware General Assembly to achieve our 2024 policy priorities. Our policy priorities are a coordinated list of feedback from our members that includes items we’ve identified as critical because they impact not just our members but the business community at large—regardless of size and industry. Please keep in mind this list is not exhaustive, and it’s designed to be a living document that’s ever-changing to meet the needs of the business community. I’d like to take this opportunity to highlight a couple of topics mentioned in this list. FRANCHISE LAWS Unlike the old saying “Don’t shoot the golden goose,” some members of the General Assembly are proposing legislation that would shoot Delaware’s “golden goose.” Incorporation fees and unclaimed property revenues make up almost half of Delaware’s net general fund revenues. Delaware is internationally recognized as an incorporation destination due to its business-friendly tax laws and Court of Chancery. Corporations registered in Delaware don’t pay corporate income tax and corporate lawsuits are settled by the Court of Chancery—a non-jury trial court with a long history dating back to 1792, comprised of judges specializing in corporate law. For these reasons, companies choose to call Delaware their corporate home despite intriguing offers to go elsewhere, and other states’ efforts to try and duplicate Delaware’s laws. The introduction or passage of any policy directed at undermining these laws will cause corporations to leave, other states to reap the rewards, and Delawareans will be asked to make up for lost revenues through other means like a sales tax, which Delaware—along with only four other states—does not have. PERMITTING Delaware has made significant improvements to its permitting processes, and we thank the Governor and the General Assembly for doing so, but more work must be done. Many businesses are good stewards of the environment and the communities they serve. The perception by some to the contrary, in most cases, is inaccurate and benefits no one. We hope that policymakers will support laws and law-making processes that are collaborative and allow for certain and predictable comment periods for the business community and all stakeholders so that real progress can be achieved. We can’t accomplish anything, especially the State’s clean energy goals, if project timelines are unclear and the obligations placed on businesses are overburdensome. The decisions made this year by those in the General Assembly and by Delaware voters in the fall will have lasting impacts on Delawareans and Delaware’s reputation as a business-friendly state. As the state’s largest business advocacy organization, the Delaware State Chamber of Commerce is uniquely positioned to bring parties together to solve problems, create jobs, promote business, and improve the quality of life for all Delawareans. In that spirit, we look forward to continuing to advocate for our members in 2024. By Regina Donato “The Delaware State Chamber of Commerce's passion and commitment to the Delaware business community excites me,” says Nadir Rasheed of Waste Management. “I really enjoy the way the State Chamber not only engages their opportunities, problems and concerns, but also presents the community with several solutions to make Delaware an even more beautiful place.” The Delaware State Chamber of Commerce is the unified voice for business. We are uniquely positioned to bring people together to solve problems, create jobs, promote business, and improve the quality of life for all Delawareans. Our two pillars are:
To further drive our mission and diversify our network, we are seeking individuals to serve in our reinvented ambassador program. Ideal candidates are energized by the State Chamber’s mission and committed to helping improve the state of Delaware. We are looking for people who are passionate and willing to foster new relationships for the Chamber within their individual networks. As the Delaware State Chamber of Commerce, it is our goal to reach and represent everyone in the Delaware business community state-wide. As a key volunteer for the State Chamber team, Ambassadors will serve as outward-facing representatives of the organization with three key goals:
We welcome the following Ambassadors:
If you're interested in becoming a State Chamber Ambassador, we want you! Please fill out this form. Candidates must work for a member organization to be considered for the Ambassador Committee. The group will meet bi-monthly, with our first meeting on July 26th at 12:00 PM. To learn more about the role, responsibilities, and benefits, feel free to read the full job description or contact me at rdonato@dscc.com. By Tyler Micik The General Assembly will complete its first leg of the 152nd Session on Friday evening. This wraps up a busy session, filled with legislation that, on behalf of our members, the State Chamber was actively engaged. It was one that saw many changes and firsts, including arguably the youngest and most diverse General Assembly in Delaware’s history with the addition of nine new legislators—three seats in the Senate and six in the House. Despite some concerns from members in both the House and Senate over the 10% increase from last year’s budget, the General Assembly passed a $5.6B operating budget (HB195) for Fiscal Year 2024—yet another record-breaking budget in our state’s history. A $194.5M supplemental budget (HB196) in one-time measures and contingency funds also passed. Part of the State’s Chamber’s mission is to bring the business community and policymakers together at the table to solve problems and help shape policy decisions. A prime example of this collaboration was the enactment of HB102 and HB104, which were part of a larger package of four bills (HB101 – HB104) sponsored by Representative Bush. Both bills, often referred to as Ready in 6 bills, are aimed at improving and expediting the permitting process for economic development projects in the state. Additionally, language from HB101 was incorporated into SB160 (Bond Bill) as a pilot project via epilogue language (section 14, page 11). The State Chamber played a role in championing these bills because these improvements are a method to enhancing Delaware’s competitiveness to win projects that would produce jobs and opportunities for Delawareans. An overview of bills that passed are:
Other bills signed by the Governor:
Bills headed to the Governor for signature:
Bills that didn’t make it through this year:
WHAT HAPPENS NEXT? Any bills that were introduced and did not make it to the Governor’s desk will be carried over to next year for consideration. This summer and into the fall we will be ramping up our Member-to-Member program, which brings policymakers to your place of business so that you can share how your company operates, express your compliments and concerns, and discuss the impact policy proposals—like the ones mentioned above—have on your business and employees. Like customer relationships, establishing and maintaining relationships with elected officials is important because it helps create a better understanding for all parties and leads to better policy decisions. These conversations will highlight important pending legislation which will be worked on this offseason and resurface again next year like:
For more information on the State Chamber’s positions and actions related to any of the bills mentioned, reach out directly at tmicik@dscc.com. The General Assembly will be on recess until January 2024. The State Chamber will continue to do our part to help bridge all sides and advocate for Delaware employers and their employees. We encourage you to participate in our Member-to-Member meeting program, join a State Chamber Committee, and attend our events this fall. These conversations will help create a shared vision of Delaware’s future for years to come. *This recap was updated after session adjourned on June 30, 2023. By Tyler Micik The General Assembly carried on with their work this week with three legislative days left next week. A highlight was the Governor signed HB102 (Entrance Permits) and HB104 (PLUS) this week. Both bills are part of a package of four bills (HB101–104), sponsored by Representative Bush, which are aimed at improving and expediting the permitting process for economic development projects in the state. The State Chamber supports all four bills in the package, often called the 'Ready in 6' bills. These have been a top priority for our members for years, and we are glad to see these bills enacted. NOTABLE BILLS THAT SAW MOVEMENT: HB99 (Delaware Climate Change Solutions Act) – Status: Released from Senate Environment, Energy & Transportation Committee and now placed on the Senate Ready List. The legislation creates a framework for implementing the Governor’s Climate Action Plan. State Chamber Position: Support based on amended language. HB171 (Title V Operating Permit Program) – Status: Released from Senate Environment, Energy & Transportation Committee and now placed on the Senate Ready List. The bill updates the Title V Operating Program annual fees for facilities in Delaware based on feedback from the Title V Operating Permit Program Advisory Committee, of which the State Chamber is a participant. The General Assembly is required to reauthorize the fees every three years. State Chamber Position: Support HS2 for HB160 (988 Surcharge) – Status: Released from Senate Health and Social Services Committee and now placed on the Senate Ready List. The bill would impose a 60-cent surcharge per line, per month on residential, business, wireless, and nontraditional services to help address suicide in our state by creating and supporting a well-functioning 988 system. The State Chamber recognizes the importance of mental health, and we acknowledge the intent of the legislation. However, we have concerns with the legislation and are seeking amendments based on feedback from our members. Our apprehension is around the surcharge amount, number of lines, and broad scope of the bill. We are also disturbed that state government is exempted from the bill. There are approximately 57,000 licensed businesses in the state, all of which would have to comply with this bill, if enacted. Yet, state government is noticeably left out. Moreover, the per-transaction surcharge for pre-paid wireless phones set forth in the bill, could disproportionately impact consumers and households less able to afford it. If the General Assembly intends on passing this legislation, we hope the changes outlined below will be implemented to achieve the intent of the bill in a balanced and fair way—where everyone pays into the system and businesses and consumers are not negatively impacted unintentionally. State Chamber Position: Opposed and seeking amendments. Recommended changes to HS2 for HB160: 1. Reduce the surcharge(s) to not more than 30 cents per month/per transaction. 2. Amend the bill to apply funds collected from the surcharge solely to the establishment, operational, and capital costs of maintaining the 988 system. 3. Include a mechanism that would trigger the application of the surcharge following the exhaustion of available federal funds and/or general fund appropriations within a given fiscal year. 4. Strike exemptions for state government. SS1 for SB43 (Signs of Hope Act) – Status: Passed the House and now moves to the Governor for signature. The act adds additional State facilities and categories of establishments to § 787 of Title 11, which would be required to display public awareness signs about human trafficking. It includes specific locations on the premises where establishments must display a public awareness sign and adjusts the process by which the Delaware Anti-Trafficking Action Council may designate establishments required to display public awareness signs. It allows the Council to promulgate regulations to designate other categories of establishments that must display public awareness signs, designate a specific location on the premises for a category of establishments where a public awareness sign must be displayed, and change requirements for what must be included in a “public awareness sign”, as defined in this Act. It also establishes an enforcement process, including the requirement that establishments will receive a warning before any civil penalties are assessed. If an establishment does not correct the noncompliance, its owner may be subject to a civil penalty. State Chamber Position: Opposed SS2 for SB72 (Tax Deduction for Membership Dues) – Status: Passed the House and now moves to the Governor for signature. Provides members of a labor organization to claim a tax deduction of up to $500 for their membership expenses. State Chamber Position: Opposed SB51 (Polystyrene) – Status: Passed the House with HA1, HA2, and HA4 and now returns to the Senate for consideration. Prohibits food establishments from providing consumers with ready-to-eat food or beverages in polystyrene foam containers or with single-service plastic coffee stirrers, cocktail picks, or sandwich picks. It also prohibits food establishments from providing single-service plastic straws, unless requested by a consumer. State Chamber Position: Opposed The General Assembly returns on Tuesday for their final week of session. Several bills are expected to be voted on and debated like HB154, the Delaware Personal Data Privacy Act, which the State Chamber is engaged on and requesting amendments. For more information about this bill and others please contact me. By Amanda Schimmel Our fourth Intern Delaware cohort has arrived! With more than 150 interns registered and rearing to go, the program is already off to a great start. Intern Delaware plays a key role in retaining and boosting Delaware's workforce through an eight-week program designed to show emerging talent how the First State can be the ideal place to launch a career and start a life. Through participating in skills workshops, interacting with some of Delaware’s most distinguished stakeholders, and learning the wonders of the “Delaware Way,” each intern will leave the program with a better understanding of what the First State has to offer. Networking is crucial to building a career – and just last week the interns welcomed Angela Jo Colella to lead an interactive Dale Carnegie Training networking workshop at our first Coffee & Conversation event. Held at the DuPont Experimental Station, interns put their skills to the test and learned the ins and outs of engaging and maintaining contacts in the corporate world.
On Tuesday, the Intern Delaware cohort took a trip to the state's capital to see Delaware's decisionmakers in action at Legislative Hall. They had a chance to meet a handful of members of the General Assembly; Senator Tizzy Lockman, House Majority Leader Valerie Longhurst, Senator Eric Buckson, and Representative Ruth Briggs King all shared their responsibilities and current projects and engaged with our interns as they inquired about the legislative process. To finish the day, the group was given a full tour of Legislative Hall, including the ability to sit in session.
With the program only a few weeks in, interns have also attended a Senior Executive Roundtable, experienced the culture of arts at OperaDelaware, and heard from leaders across multiple sectors on the unique opportunities Delaware has to offer. As summer continues, we look forward to providing much more content and conversations geared to help our Intern Delaware cohort understand the unique aspects of Delaware’s economy and culture. Upcoming events include: June 26 - Say Goodbye to, "DE is Boring" webinar with Alexis Harris June 28 - Lunch & Learn: Business Dining Etiquette at Goldey-Beacom College July 12 - Axe Throwing with the DE Young Professionals Network (DYPN) at Constitution Yards July 18 - Coffee & Conversation: Courageous Conversations at Chemours Discovery Hub July 19 - A Conversation with Governor John Carney webinar July 20 - Lunch & Learn: Build your Network with DYPN & Leadership Delaware at CSC Station July 24 - DEI in Delaware with DE Racial Justice Collaborative webinar July 28 - Volunteer experience at the Friendship House August 1 - Landing the Job: The Foundations of Career Readiness webinar August 8-10 - #MILLSUMMIT To learn more about Intern Delaware and get involved, contact Helana Rodriguez at hrodriguez@dscc.com. |
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