THIS WEEK IN DOVER

By Tyler Micik

Today wraps up a busy week in Dover. Many bills saw movement that the State Chamber is following, including SB 63 (General Contractor Liability), SB 46 (Autonomous Vehicles), HS 1 for HB 48 (Accessible Parking Spaces), and SB 130 (Expanded Polystyrene Foam Products).
 
SB 63 (General Contractor Liability): Makes a general contractor responsible for a subcontractor’s compliance with Chapter 35 by making the general contractor jointly and severally liable for restitution and penalties assessed against the subcontractor.
State Chamber Position: Opposed
Status: Passed the Senate and assigned to the House Labor Committee 

SB46 (Autonomous Vehicles): Requires a human observer to be physically present in all autonomous vehicles that require a Class A commercial driver license without an O restriction—meaning tractor-trailers or trucks transporting large loads.
State Chamber Position: Opposed
Status: Released from the House Transportation Committee and placed on the House Ready List
 
HS 1 for HB 48 (Accessible Parking Spaces): This act makes changes to Delaware law to better regulate, define, and enforce accessible parking spaces in Delaware, including the following:

• Creating a new state requirement that one of every three accessible parking spaces be van accessible in large parking lots. Under the ADA, only one of every six accessible parking spaces must be van accessible in large parking lots.
• Adding provisions in Titles 9 and 22 to require county and municipal governments to adopt regulations and ordinances incorporating Title 21’s new accessible parking space requirements, including the requirement that property owners obtain a permit, and that the permitting agency verify that the new or modified accessible parking spaces are compliant with the law. 

State Chamber Position: Opposed
Status: Released from the House Health & Human Development Committee and placed on the House Ready List
 
SB 130 (Expanded Polystyrene Foam Products): Prohibits retail stores and wholesalers from selling, distributing, or offering for sale expanded polystyrene foam products, including expanded polystyrene foam food service packaging, expanded polystyrene foam coolers used for cold storage of food, and expanded polystyrene foam loose fill packaging.
State Chamber Position: Working with the sponsor to amend the bill.
Status: Released from the Senate Environment, Energy & Transportation Committee and placed on the Senate Ready List
 
Lastly, a proposal that the State Chamber opposed failed to receive a motion to be released from committee--HB 115 (Weight/Height/Body Size Discrimination). The bill prohibits discrimination based on weight, height, or body size in transportation, public accommodation, housing, commerce and trade, employment, jury selection, education, and public administration. The State Chamber provided the following testimony against the bill:

“This Bill imposes broad and ambiguous requirements that may create significant compliance burdens and legal uncertainties for employers. The definitions could increase employers' exposure to discrimination claims, even in the absence of any evidence. This uncertainty could lead to costly litigation and administrative challenges, especially for small and mid-sized businesses that lack the resources to handle these claims. Lastly, employers may have legitimate, non-discriminatory reasons for considering physical characteristics in certain job functions, such as safety-related roles. This does not allow for such considerations, potentially placing employers in a position of having to choose between compliance and workplace safety. We oppose HB 115.”
 
The State Chamber remains committed to advocating for our members and will continue to engage on these bills, among others, through June 30. As we approach the final weeks of session, we invite you to join us at the End-of-Session Policy Conference next Wednesday, where we’ll be discussing several of these key issues. For more information, please contact me at [email protected].