Inside this issue
  ABC meets with sponsor of Union only PLA legislation  

Members of ABC Delaware met this week with State Representative Larry Lambert, the sponsor of the Community workforce agreement bill that would mandate union only project labor agreements on all state funded construction projects over $3 million.

The Act states, "a public entity shall include  a community workforce agreement in a public works project on a project-by-project basis. Taking into consideration the size, complexity and cost of the public works project, the need for promoting labor stability and advancing the interests of  the public entity in cost, efficiency, skilled labor force, quality, safety and timeliness, and , in the case of a public entity which is a political subdivision, promotes employment of residents of the political subdivision, .the public entity shall  either: directly negotiate in good faith a community workforce agreement with one or more labor organizations engaged in  the construction industry; or condition the award of a contract to a contractor upon a requirement that the contractor  negotiate in good faith a community workforce agreement with one or more labor organizations engaged in the construction industry. If the contractor and the labor organizations engaged in the construction industry cannot agree to the terms of the Community workforce agreement, the Governor shall appoint a designee to assist the parties in reaching a Community workforce agreement."

"We appreciate Representative Lambert meeting with us to discuss this legislation," said Ed Capodanno, ABC Delaware President.  "ABC Delaware vehemently opposes this Act and will vigorously defend the right for open shop contractors to bid and perform state work.  We will relentlessly challenge union-only project labor agreements at the legislative, judicial and regulatory level."  

For a copy of this act, please click here.  We will be asking for your support to contact state legislators in the next few weeks. Please respond to the email we send by using our online grassroots program which will allow you to send an email to your state legislators.




  ABC holds tour for state/local legislators of Wegmans  

ABC in conjunction with Pettinaro, Whiting Turner, and Wegmans toured the new Barley Mill Facility with state and local legislators this week.  The facility includes retail and office buildings as well as a residential portion of 33 townhomes and 80 luxury flats with 11 acres of existing green space preserved for a connected neighborhood environment.

Wegmans store manager Jared Fedor with Greg Pettinaro from Pettinaro, State Representative Krista Griffiths and Ed Capodanno, ABC President

"We appreciate Wegmans, Pettinaro and Whiting Turner allowing us the opportunity to have members and legislators seek the progress of their first store in Delaware," said Ed Capodanno, ABC President.  "The progress since our last tour one year ago is amazing and we look forward to seeing the whole complex open for business in the fall."

New Castle County Executive Matt Meyer (far right) with Wegman's officials
Senator Kyle-Evans Gay, New Castle Councilwoman Janet Kilpatrick, Wegmans Store Manager Jared Fedor and Senator Spiros Mantzavinos


  Mandatory Sick Leave Bill introduced  

House Bill 409 is legislation that requires all employers in the State to provide employees with a minimum of 1 hour of earned sick time and safety leave for every 30 hours worked. For a copy of this bill, click here

For employers with fewer than 10 employees, time may be unpaid, job-protected time instead of paid time. Accrued earned sick time and safety leave may be used by the employee for time off with pay at the employee's regular wage and benefit rate to deal with the mental and physical health needs of either the employee or an employee's family member and other specified purposes. Earned sick time and safety leave may also be used to address the consequences of domestic violence for such things as meeting with lawyers, obtaining services from victim service organizations, temporary relocation and the like. Employers may cap the number of hours earned per year at 40, the carryover from one year to the next at 40 hours, and the maximum earned sick and safety leave at 80 hours. Employers may require employees to have been employed at least 90 days before they may take earned sick leave and safety time. Employers whose benefits packages already meet the minimum requirements of this Act are not required to offer anything additional. 

Employers who violate the Act are subject to civil penalty of no less than $1,000 nor more than $5,000. Employers are prohibited from discriminating against an employee who complains to the Department that an employer has violated the Act.



  ABC has issues with Wage Theft legislation  

ABC has voiced its concerns over language used in SB 35, a bill that defines specific violations of wage payment and collection laws under Chapter 11 of Title 19, as wage theft.  

The legislation includes a definition of independent contractor which is different than the definition used in the workplace fraud act that is currently in existence.  This could cause some concern for contractors in complying with both statutes when being audited by the Department of Labor.  ABC testified to this issue at the recent Senate Labor committee hearing.

For a copy of the bill, please click here.  SB 35 was voted out of the Senate Labor committee and awaits a full vote by the State Senate.



  Bill to Streamline Economic Development  

House Bill 420, a bill intended to expedite the process for building economic development projects in Delaware received broad bipartisan support while passing through the House of Representatives this week.

About 20 years ago, the state established the Preliminary Land Use Service (PLUS)allowing all applicable state agencies to review major land-use proposals prior to submission to local governments. 

House Bill 420 would modify the PLUS process, allowing review exemptions for projects sited in certain desirable areas designated in the bill. The projects would have to result in the creation of full-time jobs and be consistent with local zoning and comprehensive land-use plans. Local jurisdictions would retain the option to conduct their own reviews. 



  Voluntary School Assessment legislation introduced on land development  

Senate Bill 287, an act that addresses the relationship between land development and school capacity and facilities, was introduced last week.  It enables Kent/Sussex counties to use the Voluntary School Assessment and other agreements to address the impact of residential development on school capacity.

For a copy of SB 287, please click here.  The bill amends the 6 sections in the current statute and makes adjustments for New Castle County as well.  The bill has not received a committee hearing in the Senate yet.



  Budget-writers Have More $$$ Available, Legislature in Recess  

There are 12 legislative days remaining in the 2022 legislative session, which will conclude in the early morning hours of July 1.

The General Assembly will not meet for the next two weeks while the Joint Finance Committee makes adjustments to the planned FY 2023 state operating budget, which needs to be enacted on or before July 1.

As they perform their task, budget-writing lawmakers will be looking at the latest state revenue estimates issued on Monday. That forecast added another $184.2 million available for appropriation when compared to the previous estimate made earlier this spring. 

One more state revenue forecast will be issued on June 17. Additional tweaks to the spending plan will likely be made afterward. By law, Delaware can spend no more than 98% of projected revenue.

The General Assembly will reconvene on June 7 and meet every week throughout the month.



ABC Legislative Committee

June 23, 8:30 a.m. ABC Classroom