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.

• Status: Released from House Natural Resources & Energy Committee and has been placed on the House Ready List | Position: Opposed and seeking amendments

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.

• Status: Released from House Labor Committee and has been placed on the House Ready List | Position: Support

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.

• Status: Released from Senate Banking, Business, Insurance & Technology Committee and has been placed on the Senate Ready List | Position: Support based on amended language (HA1)

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.

• Status: Released from House Revenue & Finance Committee and has been placed on the House Ready List | Position: Engaged and gathering feedback

 
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

• Status: Passed the House and now heads to the Governor for signature. | Position: Opposed

 
HS 1 for HB 17: Paid Sick & Safety Leave

• Status: Defeated in committee. | Position: Opposed

 
HB 317: Notice Involving Gift Cards

• Status: Passed the House and has been assigned to the Senate Banking, Business, Insurance & Technology Committee. | Position: Support based on amended language (HA1).

 
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

• Status: Passed the Senate. Senate Amendment 1 also passed. The bill and amendment now move back to the House for consideration. | Position: Opposed

 
SB 258: Autonomous Vehicles  

• Status: Released from Senate Banking, Business, Insurance & Technology Committee and placed on the Senate Ready List. | Position: Opposed
• We offered the following testimony in committee: “This proposal would require a “human observer” to be physically present in all autonomous vehicles weighing over 10,000 pounds, effectively banning autonomous trucks in Delaware. AVs could help augment the workforce and solve supply chain issues and workforce shortages. According to the American Trucking Association, there’s a nationwide shortage of nearly 80,000 truck drivers and that’s set to double by 2031. Delaware needs truck drivers and AV’s. Delaware should be supporting AV operation and reducing barriers to the deployment of AV’s. No other state requires a human observer to be present in the vehicle…If passed, this will make Delaware an outlier and could forestall AV investment, development, and operations in the state.”

 
HB 127: Fire Protection Fees

• Status: Released from Senate Elections & Government Affairs Committee and placed on the Senate Ready List. | Position: Opposed
• We offered the following testimony in committee: “The State Chamber acknowledges the valuable service fire companies provide to all of us and we understand the reasoning behind the bill. However, we have concerns with the proposal because it only applies to businesses.* We all benefit from the services of fire companies, and everyone should share in the expense. Additionally, we’re concerned because it grants the counites broad and ambiguous authority. They decide whether to impose the fee, there’s no cap on the fee they could charge, and this establishes penalties for failure to pay.”

 
SB 290: Protection of Wetlands

• The bill was heard in committee but will be replaced by a substitute and go back through the committee process. During the hearing, the sponsor committed to working with interested stakeholders to form a working group and come up with a substitute that reflects their feedback due to requests from the public. The State Chamber will participate in those discussions and will share a copy of the substitute once it is introduced.
• However, the State Chamber is opposed to the bill as written and stated the following during the hearing: “The State Chamber understands the intent of the bill, which is to fill a gap left by changes in Federal wetlands jurisdiction. However, we have significant and meaningful concerns with the proposal before you today. For example, it appears to establish a permitting requirement from DNREC for “construction of any kind” in any wetlands, regardless of acreage or linear feet involved. This is overly burdensome, ambiguous in size and scope, and will impact businesses throughout the state. Essentially, it could impact anyone that builds, digs, or has anything located in wetlands. Businesses, including our members, invest thousands of dollars to protect the environment and communities in which they operate, live, and work. They understand the economic and ecological value wetlands offer. We oppose SB 290 and hope to work with the sponsor to come to a solution that recognizes the concerns of businesses while accomplishing the goal of this proposal.”

 
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

• Status: Released from the Senate Executive Committee and assigned to Senate Finance Committee. | Position: Opposed and testified in opposition at the committee meeting.

 
SB 233: Service Worker Protection Act

• Status: Released from House Labor Committee and placed on the House Ready List. | Position: Opposed and testified in opposition at the committee meeting.

 
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.

• Status: The bill was released from House Labor on Tuesday and now moves to House Appropriations. The State Chamber testified in opposition. | Position: Opposed

 
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.

• Status: The bill and amendments passed the House on Tuesday, and it now moves to the Senate for consideration. | Position: Opposed

 
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.

• Status: The bill was released from House Appropriations on Wednesday and has been placed on the House Ready List. The State Chamber testified in opposition. | Position: Opposed

 
SB 233 (Service Worker Protection Act): Establishes employment protections for certain service employees during changes of ownership.

• Status: The bill passed the Senate on Wednesday and now heads to the House for consideration. | Position: Opposed.
  
• The State Chamber sent the following to the entire Senate in advance of the vote: “Mandating terms of employment, especially in the case of service workers could harm the very people this bill is intended to help. If employers are forced to retain service employees to fulfill an agreement which was made between a previous owner and employee, they may choose to not hire those employees at all. Additionally, we offer the following concerns and comments: The definition of a service employee is overly broad and extends to the care or maintenance of a building or property including work performed by a security guard, front desk worker, janitor, maintenance employee, concierge, door attendant, building superintendent, grounds maintenance worker, window cleaner, among others. It would apply to all new or renewed contracts 90 days after the law is approved. Unwarranted and excessive incursion into private contracting supersedes reasonable agreements between businesses. Seeks to impose organized labor conditions without collective bargaining agreements. It will limit companies’ ability to make contract changes for performance, quality, or safety reasons. Additionally, it may increase contracting and compliance costs and reduce staffing flexibility. Service workers understand the terms of their agreements at the time of hire and those terms are frequently communicated during hiring process. We speak to our members and their employees all the time and there's no evidence to show this is needed. This bill could harm the very people it's intending to help and further position Delaware as an outlier and unfriendly place to conduct business.”

 
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.

• Status: The bill was scheduled to be heard in committee on Wednesday, but was taken off the agenda by the sponsor. A substitute bill is forthcoming. | Position: Opposed and waiting to receive a copy of the amended bill.

 
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.  

• Status: Bill was on the Senate Environment agenda for next week, but has been removed and will be rescheduled. | Position: Engaged and providing feedback to the bill sponsor.

 
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.

• Status: Bill is expected to be heard in committee next week. | Position: Opposed and providing feedback to the bill sponsor.

 
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].

The Delaware State Chamber is excited to welcome our newest team member, Damon Howard, who will serve as the print and digital advertising manager. In this role, Damon's talent and energy will help align businesses' marketing needs with the State Chamber's products—​Delaware Business magazine, www.DSCC.com, the Legislative Roster, Conversations with Kelly podcast, and email campaigns.

GET TO KNOW DAMON:
​
Where are you from?
Venice Beach, CA & Wilmington, DE.  I grew up in Delaware, but spent the largest portion of my adult life—almost 15 years--on the Westside of Los Angeles. I was born in Wilmington, raised in Dover as a retired Air Force brat (Caesar Rodney Riders!), spent summers at the Delaware beaches, and graduated from the University of Delaware prior to relocating to the West Coast. 

What is your previous experience?
I am a seasoned "Marketing Maverick" whom has specialized in the digital space for over 15 years.  I am a former marketing/advertising director of Out & About Magazine (DE), digital marketing director for Agencies (Los Angeles and Philadelphia), and most recently the digital product owner at AAA Club Alliance (formerly AAA Mid-Atlantic). 

What do you most look forward to as a member of the Delaware State Chamber team? 
​Great question. There are several factors in my background and experience that attracted me to joining the DSCC team. At this point in my professional career, I am looking to combine my extensive business experience with my communal philanthropic beliefs. The State Chamber, in particular, has such a strong public policy focus. Combine that with the magnitude of Delaware's business incorporation model (local/national/global corporate, legal and private business sectors), the State Chamber can help shape the future direction of our state as the voice of the business community individually and collectively. Hopefully my unique upbringing in all three of "The Small Wonder" counties balanced with my national marketing experience will prove to be an asset to the State Chamber, it's members, and our state's business community as whole.

What is your professional mantra? 
Hmmm, here's a blend of them from over time:

"Do Today what others will not, so that Tomorrow you can do what others cannot"
"My Time is my Treasure"
"Sometimes you Win, Sometimes you Learn"
"Patience, Perseverance, and Practice".

Do you have a favorite Delaware spot?
I guess it would be one of my spots in New Castle or Sussex.  Since I grew up near the beaches and also lived in Venice Beach/Santa Monica, I'll say the Delaware beaches. The Rehoboth/Dewey stretch of ocean on one side and bay on the other reminds me of Marina Del Rey.  What can I say, I'm a Beach Bum at heart!

Give us a fun fact about you!
I've worked professionally in the entertainment industry on both sides of the business. 

Are you reading anything right now?
I read a lot of blogs and listen to podcasts. The Neuron, TechCrunch, Akimbo, Wired, and The Morning Brew.  Hard copy wise, my colleague Christopher Penn wrote a book two or three years ago called AI for Marketers: An introduction and Primer. It fascinated me and I'm astonished how quickly Machine Learning and LLM/AI has evolved in the last year or so. It's a see saw for me--embracing and yet debating ethics for human creatives and labor force in general.

The Delaware State Chamber of Commerce’s workforce development affiliate, The Partnership, hosted "Navigating Delaware Pathways: An Education and Workforce Development Summit" earlier this week.

Held in partnership with the Delaware Department of Education, Rodel, United Way of Delaware, Delaware Technical Community College, Delaware Workforce Development Board, the Office of Work-Based Learning and Delaware SHRM, this sold-out event aimed to bring together educators, higher education professionals, and employers to explore the connection between education and the private sector in Delaware.

The summit opened with remarks from Delaware State Chamber President Mike Quaranta and Delaware Technical Community College President Dr. Mark Brainard, who hosted the event at the Del-One Conference Center on Delaware Tech’s Terry Campus in Dover.

“Building the workforce of tomorrow that matches the interests of students with the needs of employers takes a coordinated effort by everyone in this room, including our partners in K-12 education, higher education, workforce training programs, employers, state departments, and elected officials,” emphasized Quaranta in his opening remarks. “We need all these groups working together to create a systems approach that supports students and adults to gain access to the good jobs of today and tomorrow.”

The first keynote presentation of the day was a fireside chat between Paul Herdman, president and CEO of Rodel, Kimberly Hamill, president of Delaware Society for Human Resource Professionals (SHRM), and Secretary of Education Mark Holodick. The trio delved into the challenges and synergies between education and the workforce in Delaware. From aligning curricula with industry needs to fostering dynamic partnerships, they explored several strategies for preparing students for the modern workforce. “I think a sustainable relationship that is developed between a student and an employer can become a great opportunity for both parties,” said Secretary Holodick.

After a brief strategic networking session, attendees had the opportunity to head into two rounds of breakout sessions. These breakouts had two tracks for attendees to choose from: employer and education. Topics included “Delaware Pathways: What it is and where we are headed,” “Employer Engagement in Delaware Pathways,” “Apprenticeships Unveiled,” and more.
​
The 2024 Superstars in Education and Training were honored during a lunchtime ceremony. The winners included:

• Delaware Skills Center’s Electrical Training Program | Independent Training and Certificate Provider
• John S. Charlton School’s Roads to Success Program | Higher Education Program
• Brandywine School District’s Empathetic Engineering Program | High School Program

Awards of excellence were also given to M. Davis & Sons, Beebe Healthcare, and William Penn High School.
During the ceremony, New Castle County Councilman Jea Street was awarded with the John H. Taylor, Jr. Leadership Education award for his commitment, leadership, guidance, and contributions to the education system in Delaware.

“The impact and legacy of Jea’s work and his enduring perseverance can be witnessed by the hundreds of thousands of Delaware’s youths – particularly Wilmington’s youth – who have received or are receiving access to quality education and support in our schools and community today,” said Rick Deadwyler, U.S. Eastern Region director for government & industry affairs at Corteva Agriscience, who was bussed to summer camp at Hilltop Lutheran Community Center by Street when he was a child.

The day concluded with a second keynote conversation between Stephen Pruitt, president of the Southern Regional Education Board, Luke Rhine, deputy assistant secretary at the U.S. Department of Education, and moderated by Mike Quaranta. This session explored the intersection of education and workforce development from a national perspective, with a focus on identifying key skills, successful statewide initiatives, and alternative pathways to prepare individuals for future careers. “As long as we operate as ‘me vs. we,’ we’ll continue to have islands of excellence and not SYSTEMS of excellence,” summarized Pruitt.
​
The sold-out summit proved to be a valuable platform for 300 educators, employers, and other stakeholders to collaborate on building a future-proof workforce. From insightful keynote conversations to focused breakout sessions and award recognitions, the gathering emphasized the importance of a coordinated effort across all sectors to ensure educational pathways align with the needs of Delaware's businesses to prepare students for success in the ever-evolving job market. The Delaware State Chamber of Commerce, along with all of our Pathways partners, is proud to have helped spearhead this effort. 

DSCC’S Fred Miller Retires
 
Fred Miller graduated from West Chester State College in 1974 with a Health and Physical Education degree. He went on to teach physical education and serve as head wrestling coach at Coatesville High School until 1978, and kindergarten through fifth grade from 1979-1980.
 
In 1981, Fred was hired by then Delaware State Chamber vice president, Blake Wilson, to sell memberships. After a brief period of time as vice president of sales and marketing at Suburban Marketing, Fred launched Miller Publishing where his first client was the Delaware State Chamber of Commerce. Along with selling advertising for the State Chamber’s publications, Miller proudly published four coffee table pictorial books—Chester County a Photographic Journey; Images of Delaware; Wilmington on the Move; and a book on the restoration of the Statue of Liberty called Liberty For All. He became full-time with the State Chamber in 2014.
 
After nearly 40 years serving the Delaware State Chamber of Commerce, Fred looks forward to playing golf, traveling, and visiting with friends in his retirement. And, if you know Fred, he still plans on telling jokes—he may even grow a ponytail!
 
Looking back at his time with the State Chamber, Fred reflects, “My years at the Chamber allowed me to work and learn from many talented people who took the time to share their knowledge with me. I hope over the years that I was able to pass some of that forward. I want to thank the Chamber and all my coworkers for putting up with my whistling, terrible singing, bad jokes, and crazy stories. I was truly blessed to be a part of this wonderful organization.”

Today wrapped up the last day of session for the General Assembly before going on spring recess for two weeks. Below is a summary of the bills the State Chamber is following that saw movement, among others.
 
HS 1 for HB 350 (Diamond State 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.

Position: The State Chamber is opposed to the bill and provided the following testimony during the committee hearing on March 27th: “This is a very challenging issue for an organization as diverse as the State Chamber. We acknowledge that healthcare is a top concern amongst our members. However, any proposal that addresses the concerns of payers should include “healthcare” defined broadly. Our members and their employees make regular use of doctor visits, drugs, pay insurance premiums, make hospital visits, use rehabilitation services, and so on. From the perspective of payers, the entirety of this is complicated and includes federal and state programs they have limited knowledge of. Small manufacturers, accounting firms, building contractors or retailers, healthcare is just not what they know or do. This is a benefit they provide their workforce but is not something they’re experts on. There are many pieces to this complicated puzzle, and while we understand the underlying premise behind the proposal before you today, we oppose HS 1 for HB 350.”

Status: The bill was released from committee and now moves to House Appropriations. 

Five of the seven bills in Senator Huxtable’s housing package were heard in committee including:

• SB 22 (Delaware Workforce Housing Program): Establishes the “Delaware Workforce Housing Program" (DWHP). The DWHP allows a qualified workforce housing investor to be reimbursed through a grant up to 20 percent of the capital costs associated with workforce housing units they create. The project must be located in Investment Levels 1 and 2 as established by the Delaware Strategies for State Policies and Spending to be eligible for a grant.
• SB 25 (Realty Transfer Tax): Exempts contracts for the construction of affordable housing units from the 2% realty transfer tax imposed under 30 Del. C. § 5402(f).
• SB 244 (County Taxes): Allows a county that imposes a lodging tax to spend money from that tax on workforce and affordable housing programs.
• SB 245 (Foreclosure Prevention Programs): The Office of Foreclosure Prevention and Financial Education and the Residential Mortgage Foreclosure Mediation Program have been important resources in preserving home ownership and educating homeowners on their rights and responsibilities in times of economic contraction and expansion. This Act removes the expiration dates from the programs, which were originally intended as temporary and currently requires extension approval from the General Assembly.
• SB 246 (Housing Repair and Modification Fund): Act codifies a “Housing Repair and Modification Fund,” which will be administered by DSHA and serve low- and very-low-income homeowners in need of home repair assistance.

 
Position: The State Chamber is engaged and gathering feedback on these bills. | Status: All five bills were released from committee and now move to the Senate Ready list except for SB 245 which has been assigned to the Senate Finance Committee. SB 23 and SB 247, the other two bills in the package of seven were not heard in committee this week and await consideration.
 
SB 237 (County Comprehensive Plans): Amends the provisions in Title 9 of the Delaware Code relating to the county comprehensive plans for Sussex, Kent, and New Castle Counties, and Title 22 of the Delaware Code relating to municipal comprehensive plans for municipalities with populations greater than 2,000. The act would require that their comprehensive plans increase community resiliency and address the impacts of climate change.

Position: The State Chamber is engaged and looking for feedback.

Status: Released from committee and placed on the Senate Ready list.
 
The State Chamber has also received a draft copy of a credit card surcharge bill. You can view the draft here. Representative Baumbach has requested the State Chamber’s feedback on the bill. Please review the bill and let me know if you have any thoughts.
 
Some other bills that didn’t see movement which the State Chamber is following and engaged on include:

• 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. For employers with nine or fewer employees, the time may be unpaid, job-protected time instead of paid time.
• HS 2 for HB 55 (Homeless Bill of Rights): Ensures that all individuals, regardless of housing status, have equal opportunity to live in decent, safe, sanitary, and healthful accommodations and enjoy equal opportunities. Sets forth the rights of individuals experiencing homelessness and creates a process by which the State Human and Civil Rights Commission and the Division of Human Relations may accept and investigate complaints of discriminatory treatment, attempt conciliation, and refer enforcement actions to the Department of Justice where necessary.
• HB 317 (Notice Involving Gift Cards): Requires all sellers of third-party gift cards to display a notice of potential scams involving gift cards.
• HB 327 (Sexual Assault, Harassment, and Discrimination): Protects victims of sexual assault, discrimination, or harassment from retaliatory lawsuits that arise when a victim of sexual assault discloses information regarding an act of sexual assault, discrimination, or harassment.
• SS 1 for SB 147 (Computer Related Crimes): Creates a narrow exception to computer-related crimes so that an employee is not guilty of a crime when they obtain evidence under §§ 932, 933, or 935 of Title 11 if the employee’s actions were taken to pursue a claim by an employee that the employer violated a state or federal employment law. The substitute includes language recommended by the employment section of the Delaware Bar Association. It adds language on lines 7 and 8 that ensures employees can’t go on fishing expeditions and removes Chapter 936 of Title 11 under the exemption.
• SB 222 (Electrician Apprenticeship Ratios): Changes current law which allows all the work being completed on a jobsite to be done by workers possessing an apprentice license. Mandates a 3 to 1 ratio of journeypersons to apprentices where non-residential electrical work is performed and imposes fines for violations.

• SB 229 (Employees Right to Inspect Personnel Files): Extends the right of employees to inspect their own personnel files to former employees.
• SB 233 (Service Worker Protection Act): Establishes employment protections for certain service employees during changes of ownership. Such as providing employees with at least fifteen days’ notice prior to a contract change, must retain all affected service employees for a 90-day transition period, and may not reduce any affected service employee's work hours in order to circumvent the protections under this Act.

• 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.

 
If you have any feedback on any of the items, please let me know. The General Assembly will return to session on Tuesday, April 16th.