this month in dover

By Tyler Micik

The General Assembly returned to session this month in a virtual format and a number of bills were introduced that are noteworthy for employers.
 
First, SS1 for SB1, the Healthy Delaware Families Act creates a statewide paid family and medical leave insurance program. This latest version has undergone substantial revisions from the original bill that was introduced last year. Employers with 25 or more employees are required to provide up to 12 weeks of paid parental leave and up to 6 weeks paid medical and family caregiving leave. Employers with 10 or more employees but less than 25 are only required to provide up to 12 weeks of paid parental leave. Under current law, small businesses, those with 50 or fewer employees, are exempt from the 1993 Federal FMLA law.

The bill was released from the Senate Health and Social Services Committee yesterday and awaits a full vote in the Senate. You can view a full copy of the legislation here and a short summary here.

We continue to work closely with the bill sponsor, our Employer Advocacy Committee, and our members to ensure this proposal is a win for both employers and employees. On February 16, we are co-hosting a webinar with DelMarVa SHRM as an opportunity for businesses to learn more about this proposal. It is free to attend, but we ask that you register in advance here.

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"I'd like to thank the State Chamber for their efforts in working with the sponsor of the bill
​on behalf of Delaware businesses." - Kurt Schrock, Mountaire Farms

 Other bills that saw movement:

• HB262: The Data Brokers and Consumer Protection bill seeks to provide consumers with critical information about how their personal information is being used by data brokers. It requires data brokers to register with the Consumer Protection Unit of the Department of Justice and answer questions regarding their use of personal information that would be published online to inform consumers. State Chamber members expressed concern regarding the bill's definition of "data broker" so we worked with the sponsor to clarify the definition and make it clear that the bill would only apply to data sellers and not collectors as was the sponsor's intent. You can view the amendment here. It also contains a private right of action, which is a concern and we appreciate the sponsor's willingness to address and listen to our concerns. The bill was released from House Technology & Telecommunications Committee on Tuesday and moves to the House for a full vote.
• HB305: The Delaware Marijuana Control Act regulates and taxes marijuana in the same manner as alcohol. It allows adults over the age of 21 to legally possess and consume under one ounce of marijuana for personal use. It does not permit people to grow their own marijuana. This bill is the updated version of HB150, which was introduced last year. It is similar except for a few changes including the section on places of employment which was removed from the bill. The bill was released from House Health and Human Development Committee yesterday and moves to the House for a full vote.
• SB208: This act clarifies that an employer is liable to an employee for liquidated damages if the employer does not make wages available on the next payday after an employee quits, resigns, is discharged, suspended, or laid off. The bill was released from the Senate Labor Committee yesterday and awaits a full vote in the Senate.
• HB257: This act modifies the existing fees and supporting fee structure for air quality natural minor permits issued by the Department of Natural Resources and Environmental Control. It creates a new subsection establishing fees associated with the natural minor permit program. The existing fees were established in a 1991 bill, but not codified. The fees have not been adjusted in nearly three decades and as a result, the program is not self-sustaining. This act will allow for a phased approach to increase these fees, with the first increase intended to result in funding 50% of the program costs. Evaluations will occur before July 1 of 2024 and July 1 of 2027 with recommended adjustments to fund 75% and 100% of the program costs respectively. It also requires subsequent evaluations, to occur every three years, to ensure the fees are completely funding the program. Sources subject to fees pursuant to Subchapter VIII of this Chapter, who are not delinquent, are exempt from natural minor permit fees. This proposal was introduced last year and the State Chambers Environmental Committee submitted a letter to DNREC last year requesting that any increase be delayed until 2022 due to the COVID-19 pandemic and we thank the department for taking our concern into consideration. The bill was released from the House Natural Resources Committee and moves to the House for a full vote.

 
Bills that were introduced but did not see movement:

• HB 288: This act requires private and public employers in the state to give any employee who is scheduled to work at least eight hours on an election day two hours of paid leave in order for the employee to exercise the right to vote. The bill excludes 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; employees who are party to a collective bargaining agreement in which paid time off to vote has been waived. Employees must give employers two working days’ notice in advance of an election that the employee intends to use paid time off to vote. Employers must post notice of the rights created in the Act. Enforcement of the Act is through the Department of Labor. Employers who violate this are subject to civil penalties ranging from $500-$1,000 and from $1,000-$5,000 if found to have retaliated against an employee for exercising the rights created by this act.
• SB 209: In 2016, Title 2, Chapter 19 was enacted to address the growing use of ride share applications also known as a Transportation Network Companies (“TNC”), which transport passengers for compensation. In 2016, the General Assembly acknowledged the importance of protecting TNC passengers as well as other drivers on Delaware roads by requiring that a TNC possess $1,000,000.00 in death, bodily injury and property damage insurance coverage when transporting passengers. Because many Delaware citizens do not use a TNC for transportation but use other forms of transportation, such as buses, taxicabs or limousines, this act increases the death, bodily injury and property damage insurance coverage required for the Delaware Transportation Authority (i.e. DART buses) and public carriers as defined by Chapter 18, Title 2 to that which is already required by a TNC. The act also requires that public carriers, TNCs and Delaware Transportation Authority possess uninsured and underinsured insurance coverage to protect their passengers. The act will take effect on July 1, 2022. The bill was introduced and heard in the Senate Banking, Business, & Insurance Committee but not released from committee. The sponsor said he does not intend to run the bill in January.

 
The Chamber is 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].
 
The General Assembly is in recess through the month of February for Joint Finance Committee meetings.