THIS WEEK IN DOVER

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. 

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