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The Delaware State Chamber of Commerce (DSCC) has endorsed the following candidates ahead of Delaware’s primary election on September 10:
After the primary, DSCC plans to make additional endorsements leading up to the general election on November 5. The Delaware State Chamber urges all Delawareans to play a role in shaping the First State’s future by voting on September 10 and November 5. The deadline to vote in the primary election is Saturday, August 17 at 11:59 pm. Early primary voting—at designated early voting sites in each county—begins August 28. View Primary voter registration information here and more election information like polling locations here.
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By Tyler Micik
You heard me describe 152nd Session of the General Assembly as unprecedented. It was characterized by a high volume of bills, accelerated decision-making, and significant policy shifts. The General Assembly introduced 438 bills between January 9 and June 30 (this count includes 84 substitutes). Twenty-four of those bills were pre-filed in December before session began. This high volume of bills, the speed with which they moved through the legislative process, and the number of committee meetings held, made it difficult for both legislators and stakeholders to fully discuss the proposals and understand their potential impacts. Two highly controversial bills were among the 438--HS2 for HB350 and SB313. Both impact two of Delaware’s largest industries—hospitals and corporate law, respectively—and signify extraordinary steps by the General Assembly. These decisions come at a time when we’re entering uncertain and uncharted economic territory. In good economic times, policy decisions can afford to be “roughly right” but with national real GDP growth rates shrinking, policy decisions need to be more accurate now than ever before. This includes decisions like the ones mentioned above as well as the State’s budget, which some claim is growing unsustainably. It is very important for policymakers to understand the implications of individual bills under consideration, and the connected nature those decisions will have on existing laws and regulations. We worry that the hectic pace of the hearings and legislative actions we witnessed this year will create a fertile ground for unintended consequences to emerge. In coming years, we hope the General Assembly will act more deliberately and spend an equal amount of time reviewing existing laws and regulations, while taking measure of their relevance and impact. The makeup of the General Assembly will be determined this fall, especially in the primaries this September 10. After the filing deadline in mid-July, only one state senator, David Wilson (R) is facing a primary opponent. In the House, five Democrat incumbents (Bolden, Longhurst, Parker Selby, Morrison, and Bush) and one Republican (Shupe) have primary opponents. Also, there are five open seats in the House due to retirements or decisions to run for another office (Schwartzkopf, Baumbach, Matthews, Ramone, and Dorsey Walker). Of these five, there’s a three-way Democratic primary for three of them, two-way Democratic primary for House District 21 (Ramone’s former seat), and Mara Gorman (D) is running unopposed for House District 23 (Baumbach’s former seat). The upcoming political landscape will shape the future direction of the state. No matter the outcome of the elections this fall, it’s our goal to work with those elected to support our members and provide businesses with the predictability they are looking for so that Delaware can thrive. By Tyler Micik
The 152nd Session of the General Assembly concluded last night. This wraps up a busy session in which hundreds of bills were introduced. Many of these bills impact businesses, including our members and the 60,000-plus licensed businesses across the state. If I could describe this session in one word, it would be unprecedented. First, due to the volume of bills introduced and the speed with which they moved through the legislative process, it was challenging for legislators and stakeholders alike to fully discuss the proposals and understand their potential impacts. Second, more committee meetings are being scheduled than ever before, many of which conflict with one another. Lastly, and most notably, the General Assembly passed some highly controversial bills like HS2 for HB350 and SB313. Both bills impact two of Delaware’s largest industries—hospitals and corporate law, respectively—and signify unprecedented steps by the General Assembly. These decisions come at a time when we’re entering uncertain and uncharted economic territory. In good economic times, policy decisions can afford to be “roughly right” but with national Real GDP growth rates shrinking, policy decisions need to be more accurate now than ever before. This includes decisions like the ones mentioned above as well as the state’s budget. Once again, the General Assembly passed the largest budget in state history. The $6.1 billion operating budget (SB325) for FY25 represents approximately a 9% year-over-year growth. Three Republican members of the House opposed the bill, noting that state spending has repeatedly outpaced revenues and claimed this level of growth is unsustainable. The General Assembly also passed a $168 million supplemental budget (SB326) in one-time measures and contingency funds. None of these decisions happen in isolation. It’s our hope that the General Assembly considers the impacts of their policy decisions on businesses collectively so that Delaware businesses can succeed. Their success is important for a state that receives nearly half of its revenues from businesses through things like franchise fees, corporate income tax, and other similar taxes, which in turn saves Delaware taxpayers money among other benefits. Unprecedented policy decisions lack certainty and predictability—things businesses highly value. An overview of the bills that passed :
Other bills headed to the Governor for signature:
Bills that didn’t make it through this year:
WHAT HAPPENS NOW? Any bills that did not make it through this year are considered “dead” and will have to be reintroduced next session if the sponsor intends to work them. Although session is over, the State Chamber’s work continues as we enter a period of political uncertainty ahead of the upcoming elections this fall. While the outcomes of the future elections are to be determined, one thing is for sure—there will be new faces in the 153rd General Assembly with 10 of 21 Senate seats and all 41 House seats up for grabs. We’ll see new people in at least five House seats because several representatives have already announced plans to retire or run for another office. They include Rep. Pete Schwartzkopf (RD14), retiring; Rep. Paul Baumbach (RD23), retiring; Rep. Sean Matthews (RD10), retiring; Rep. Mike Ramone (RD21), Republican candidate for Governor; and Rep. Sherry Dorsey Walker (RD3), Democratic candidate for Lieutenant Governor. With so much change lingering, it’s more important for businesses to get engaged now than ever before. Building relationships with members of the General Assembly is essential to ensuring the interests of your business are heard in Dover. Like customer relationships, establishing and maintaining relationships with elected officials is vital because it helps create a better understanding for all parties and leads to better policy decisions. A great way to do this is by participating in the State Chamber’s Member-to-Member program. The program brings policymakers to your place of business so you can show how your company operates, share your compliments and concerns, and discuss the impact policy proposals—like the ones mentioned above—have on your business and employees. These conversations should highlight important legislation that will likely be reintroduced again next year such as:
The General Assembly will be on recess until January 2025. The State Chamber will continue to do our part to help bridge all sides and advocate for Delaware employers and their employees. To help create a better understanding and shared vision for Delaware's future, please consider participating in our Member-to-Member program, joining a State Chamber policy committee, or attending our events this fall. A seat at the table is waiting for you. Today wraps up the last day before the final week of session for the 152nd General Assembly. They were off on Wednesday in observance of Juneteenth, so it was a shorter week than normal. However, a couple bills which the State Chamber is following saw movement this week, including:
HB 433 (Unemployment Insurance): Revises the experience rating methodology for assigning unemployment assessment rates to employers under the Unemployment Insurance Code in Delaware, replacing the current benefit wage ratio methodology with the benefit ratio methodology used by 19 other states. The new methodology is meant to be more responsive to changes in the economy over time, to better sustain the solvency of the Unemployment Trust Fund, and to be easier to administer.
HB 439 (Housing Status Discrimination In Housing and Property): Delaware law prohibits discrimination on the basis of protected characteristics in housing and property transactions. This Act would add "housing status" as a protected characteristic.
HB 440 (Housing Status Discrimination In Employment and Professional Activities): Delaware law prohibits discrimination on the basis of protected characteristics in employment and professional activities. This Act would add "housing status" as a protected characteristic.
Other bills which may see movement next week include HS 1 for HB 248 and HB 422, among others. HS 1 for HB 248 is currently on the House Ready List and HB 422 has been assigned to the House Natural Resources & Energy Committee. At the time of writing, the House Natural Resources & Energy’s meeting agenda for next week has not yet been posted. However, we expect HB 422 to be placed on the agenda and heard in Committee. The State Chamber is strongly opposed to the bill and sent this letter to the sponsor on June 12th. The State Chamber will send out an End-of-Session policy recap after the General Assembly gavels out for the year on June 30th. By Tyler Micik
Time is winding down for the 152nd Delaware General Assembly with only six session days remaining. Despite the number of days, several important bills that will impact the business community saw movement this week and one was introduced. Bills that saw movement included: HS 1 for HB 248 (Pre-Permit Outreach in Underserved Communities): Establishes a pre-permit community outreach process for any qualified project, as defined in DNREC Regulations, that wishes to apply for a permit within 3 months, in an underserved community.
HB 433 (Unemployment Insurance): Revises the experience rating methodology for assigning unemployment assessment rates to employers under the Unemployment Insurance Code in Delaware, replacing the current benefit wage ratio methodology with the benefit ratio methodology used by 19 other states. The new methodology is meant to be more responsive to changes in the economy over time, to better sustain the solvency of the Unemployment Trust Fund, and to be easier to administer.
HB 317 (Notice Involving Gift Cards): Creates a requirement for all sellers of third-party gift cards to display a notice of potential scams involving gift cards.
HB 435 (STAR Program): Creates a new chapter in Title 30 and establishes the STEM Talent Advancement and Retention Program (STAR Program) and the STEM Talent Advancement and Retention Fund (STAR Fund). The purpose of the STAR Program is to incentivize and attract individuals graduating with an associate, bachelor’s, graduate, or post-graduate degree in STEM to stay and work in Delaware.
Also, HB 127 (Fire Protection Fees) passed the Senate and moves to the Governor for signature, and SS1 for SB 258 (Autonomous Vehicles) and SB 313 (General Corporation Law) passed the Senate and head to the House for consideration. A bill that was introduced this week, which we’re gathering feedback on, is SB 324. The Act amends provisions in Title 19 and Title 29 of the Delaware Code relating to the Department of Labor’s enforcement procedures and wage and hour enforcement. The General Assembly will return to session on Tuesday, June 18th. They’ll have off on Wednesday for Juneteenth and return that Thursday. Please contact me at [email protected] if you have questions or concerns with any of these bills. By Tyler Micik
Today wraps up the last day of session before the General Assembly goes on Joint Finance Committee markup for two weeks. The General Assembly will return to session on Tuesday, June 11 and they will have seven days of session remaining to review any bills for the year. Several important bills saw action this week including: HS 2 for HB 350: Hospital Cost Review Board
HS 1 for HB 17: Paid Sick & Safety Leave
HB 317: Notice Involving Gift Cards
The State Chamber will continue to engage in discussions around several key bills over the break such as HB 248, HB 422, HB 415, SB 290, SB 255, and SB 233, among others. We will cover some of these bills at our End-of-Session Conference on Thursday, May 30 at Delaware State University in Dover from 9am – 1pm. You can register for the event here.  By Tyler Micik
A new environmental justice proposal, HB 422, known as “cumulative impacts” was introduced today. The bill has been assigned to the House Natural Resources & Energy Committee. The State Chamber is opposed and has significant concerns with the bill. The proposal would require any businesses seeking a permit for a new facility, expansion of an existing facility, or renewal of an existing permit, located in or an overburdened community, to provide an environmental justice impact report. It would also establish an “Environmental Justice Board” comprised primarily of persons within the impacted community, who would be tasked with reviewing the report and making recommendations to DNREC. Based on the recommendations, DNREC could impose additional conditions on the permit or deny the permit, even if the applicant meets all applicable permit criteria and operates in good faith. Bills that saw movement this week included: HS 2 for HB 350: Hospital Cost Review Board
SB 258: Autonomous Vehicles
HB 127: Fire Protection Fees
SB 290: Protection of Wetlands
The General Assembly will be in session next week and then go on JFC break for two weeks. It’s likely some of these bills and others like HS 2 for HB 55 (The Homeless Bill of Rights) could see movement next week. You can view the latest draft substitute bill here, which is being circulated by the sponsor for feedback. The State Chamber remains opposed to the bill and the draft substitute. If you have questions or feedback about any of these bills or others, please contact me at [email protected]. *Editor's note: After publishing this article, clarification was received by the bill sponsor that this bill applies to both businesses and residents. By Tyler Micik
Today wraps up another busy week of session! The General Assembly has only 12 session days remaining before they adjourn on June 30. But there’s still much work to be done. Several important bills saw movement this week including: HS 2 for HB 350: Hospital Cost Review Board
SB 233: Service Worker Protection Act
The State Chamber’s Small Business Alliance hosted its Small Business Day in Dover today! The day included an informative workshop featuring Bob Byrd of ByrdGomes and Megan Kopistecki of Delaware Prosperity Partnership, followed by the House Small Business Caucus meeting with Representatives Michael Ramone and Daniel Short. The day concluded with meetings between legislators and members of the business community. Several bills of importance are already on next week’s committee agenda, such as HB 248 (Pre-Permit Community Outreach In Underserved Communities). The State Chamber sent this letter to the bill sponsor last June when the proposal was introduced. The bill is scheduled to be heard in the House Natural Resources & Energy Committee on Tuesday, May 14 at 10:00 am. You can view the meeting notice and sign up to participate here. If you have any questions about any of these proposals or others, as always please let me know. On Thursday, May 30 the State Chamber is holding its End-of-Session Policy Conference at Delaware State University in Dover where these issues and others will be discussed. The conference will also feature remarks from Speaker Valerie Longhurst and Senate President Pro Tempore David Sokola. You can sign up to attend here. Sponsorship opportunities are also available. If you’re interested in learning more, please reach out to Kerri Welcher at [email protected]. By Tyler Micik Today wraps up a productive week in Dover and D.C.! I began my week in Washington, D.C. at the U.S. Hispanic Chamber of Commerce’s (USHCC) Legislative Summit. The summit is designed to highlight Hispanic-owned businesses and bring them and others together to advocate for the Hispanic business community. Ramiro Cavazos, USHCC president, emphasized that “small business is big business.” He was referring to the fact that small businesses, Hispanic businesses included, employ a majority of the country’s overall workforce. In fact, 80% of the workforce across the U.S. is employed by a small business. That includes 5 million Hispanic-owned businesses that combined contribute over $800 billion to the American economy every year. Hispanic-owned businesses and their employees are significant contributors to our country and economy. In fact, they account for around 86% percent of all new U.S. businesses in the last 10 years. We must support policy efforts that help them thrive and grow because when they succeed, we all benefit. The Delaware State Chamber was proud to represent the state in Washington, D.C. this week, and looks forward to continuing to serve this contingent of businesses here in the First State. Locally, in Dover, several important bills saw action this week. Those include: SB 255 (Wage Payment & Collection Act): The bill was released from the Senate Labor Committee on Wednesday and is now on the Senate Ready List. The State Chamber is opposed and provided the following testimony at the hearing: “Under this proposal a general contractor could be disbarred for the acts of a contractor they have no legal relationship with. If the main issue behind this proposal is wage theft at a sub-contractor level, this is not the solution. No one wants to protect bad actors. We all agree workers should be paid. But let’s not punish the vast majority of general contractors and our members who are doing the right thing. If subs are not paying their workers, in whatever rare instances that may occur, why are they not held accountable instead? This proposal only increases risk for general contractors and in turn increases costs on consumers because they’ll need additional bonding insurance. Finally, we worry that this proposal could unintentionally hurt small, new, or minority-owned subcontractors. The risk here would be magnified because these newer businesses have no track record of payment to employees, so why would a general contractor take on that added risk? We understand the underlying premise of the bill, however, collectively we need to use current laws to go after bad actors and not assume everyone is bad or a risk to their employees. We oppose SB 255.” SB 229 (Former Employees Right to Inspect Personnel Files): The bill was heard in the Senate Labor Committee on Wednesday and has not been released as of the time of this writing (4pm on April 25). The State Chamber understands the intent behind the proposal but has several concerns and questions and is opposed to the bill. HS 2 for HB 350 (Diamond State Hospital Cost Review Board): The bill passed the House after almost three hours of debate and now moves to the Senate for consideration. The State Chamber is opposed to the bill. The General Assembly is on break for bond hearings next week and they will return to session on Tuesday, May 7. By Tyler Micik
Several significant bills which will have an impact on businesses throughout the state saw movement this week. Here’s a summary of those bills: HS 1 for HB 17 (Paid Sick and Safety Leave): Requires all employers in the State to provide employees with a minimum of one hour of earned sick time and safety leave for every 30 hours worked, up to 40 hours a year, which can be carried over from year to year. For employers with nine or fewer employees, the time may be unpaid, job-protected time instead of paid time. Employees who’ve been employed for 90 days or more would be eligible to receive the benefit.
HB 127 w/ HA 1 & HA 2 (Fire Protection Fees): Enables each county to establish a fire protection fee and the money collected would go to support fire companies. The decision on whether to impose the fee would be up to each county individually, and the bill doesn’t contain any language regarding a specific amount or limit on the fee a county could charge. The fee would apply to all businesses, including nonprofits and universities – yet the State is exempted. Additionally, it grants the county the authority to establish penalties for failure to pay the fee.
HS 1 for HB 350 (Hospital Cost Review Board): Establishes a “Diamond State Hospital Cost Review Board”. The new board, comprised of five volunteer political appointees, would review and either approve or reject all aspects of every Delaware hospital’s budget on an annual basis. The board would also hold meetings for the public to comment on and approve the budgets of Delaware hospitals.
SB 233 (Service Worker Protection Act): Establishes employment protections for certain service employees during changes of ownership.
Other bills of note: HS 2 for HB 55 (Homeless Bill of Rights): Establishes rights of individuals experiencing homelessness and creates a process by which the State Human and Civil Rights Commission and the Division of Human and Civil Rights may accept and investigate complaints of discriminatory treatment, attempt conciliation, and refer enforcement actions to the Department of Justice where necessary.
SB 263 (Plastic Beverage Container Rings & Shrink Wrap): Prohibits the use of plastic and other beverage container rings, as well as plastic shrink wraps and plastic tops used to connect beverages.
SB 255 (Wage Payment and Collection Act): Makes a prime general contractor jointly and severally liable for a violation of the Wage Payment and Collection Act that is committed by a subcontractor, regardless of whether the subcontractor is in a direct contractual relationship with the prime general contractor. Authorizes the Attorney General to bring an action to collect wages under the Wage Payment and Collection Act and provides that a prime general contractor is jointly or severally liable for a violation of the Delaware Contractor Registration Act by a subcontractor.
Also, it’s possible HB 248 could be held in committee as early as next week. The bill, which was introduced last year, establishes a pre-permit community outreach process for any qualified project, as defined in DNREC Regulations, that wishes to apply for a permit within 3 months, in an underserved community. Please let us know if you have any feedback on these bills by emailing me at [email protected]. |
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