LAST WEEK IN DOVER

By Tyler Micik

​Last week was busy for the General Assembly as several bills saw movement and were introduced.
 
First, Senate Substitute 2 for Senate Bill 1, the Healthy Delaware Families Act was signed by Governor Carney on Tuesday, making Delaware the 11th state to offer a statewide paid family and medical leave insurance program. It offers eligible Delaware workers up to 12 weeks of paid leave to address a worker’s own serious health condition; to care for a family member with a serious health condition; to bond and care for a new child; or to address the impact of a family member’s military deployment. The legislation takes effect on January 1, 2025. You can read the full press release and watch the signing ceremony here.
 
Other bills that saw movement:

• HB371: Removes all penalties for possession of one ounce or less of marijuana, except for those who are under 21 years of age. The bill passed the Senate in a 13-7 vote and now moves to the Governor for signature. The proposal is half of a two-part approach to legalizing recreational marijuana and regulating and taxing it in the same manner as alcohol. HB372, the “regulation and tax” piece was released from House Appropriations and moves to the House for a full vote.

 
Newly introduced bills included:

• HB420: Assists in expediting the process for economic development projects in Delaware with some exemptions from the pre-application process for land use process (PLUS). A project located in Investment Level 1 or 2 under the Strategies for State Policies and Spending that is consistent with local zoning and any local comprehensive plan that will create full-time jobs is exempt from the pre-application process unless required by the local government or requested by the applicant. This is the first of three “Ready in 6” proposals which are expected to be introduced this session.
• HB409: Paid sick and safety leave was introduced and assigned to House Economic Development/Banking/Insurance. If passed it would require all employers to provide employees with one hour of sick/safety leave for every 30 hours worked up to a maximum of 40 hours per year, which can be carried over from one year to the next. Any employee who’s worked at least 90 days would be eligible for the benefit and are to be paid at their normal wage rate. Employers with less than 10 employees would be required to provide time off, but it would not have to be paid.
• HS1 for HB288: Paid time off to vote, requires private and public employers to give any Delaware resident who’s scheduled to work at least 7.5 hours on an election day two hours of paid leave to vote. The bill excludes federal employees, individuals engaged in activities for education, charitable, religious, or nonprofit organizations when the employment relationship does not exist or where services are rendered to such organizations gratuitously, and employees who are party to a collective bargaining agreement in which paid time off to vote has been waived. The bill was adopted in lieu of HB288 and awaits consideration in House Administration Committee.

 
Bills the Chamber continues to monitor:

• HB262: The Data Broker and Consumer Protection Act passed the House on May 5th and has been assigned to Senate Banking, Business, and Insurance Committee. It’s possible the bill could appear in committee next week. The State Chamber remains opposed to the bill because the Department of Justice has no data to validate a problem in the business community exists. Nor does the Department have a record of consumer complaints, or actions resulting in fines or prosecution of businesses that did not live up to their stated privacy policies. This is a staff-driven proposal that will cost businesses money, increase their exposure to lawsuits, and require the state to hire more employees and stand up a website consumers have not asked for and will probably seldom, if ever, visit.
• SB209: An act to amend Title 2 of the Delaware code relating to transportation and insurance coverage for the Delaware Transportation Authority, public carriers, and Transportation Network Companies (TNCs) such as Uber and Lyft. It requires that public carriers, TNCs, and Delaware Transportation Authority possess uninsured and underinsured insurance coverage to protect their passengers. It passed the Senate in April and is on the House Economic Development/Banking/Insurance & Commerce Committee agenda for Tuesday May 17th.

 
Lastly, the Delaware Retail Council (DRC) met for their quarterly meeting and discussed Organized Retail Crime (ORC) in addition to several other issues facing the retail industry. Organized Retail Crime was mentioned as problem for many retailers here in Delaware, especially given Delaware’s position along the I-95 corridor. Also, HB212, an act known as the “plastic bag ban” which passed last year was discussed. The bill required a phased in approach to limit the use of single-use plastic bags. The final phase takes effect July 1st and makes restrictions applicable to stores regardless of size.
 
The State Chamber is always looking for feedback from members on how any of these proposals may impact your company or employees. Please direct feedback to me at [email protected].