This Week in Dover

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].