• • HB 435 - Union Only PLA on State construction projects stalls
• • Recreational Marijuana Bill vetoed by Governor
• • FMLA Bill signed into law
• • Apprenticeship Buy-In elimination stalls
• • Additional Apprenticeship funding approved
• • State Capital Budget highest ever at $1.45 billion
• • Governor signs $5.1 billion budget
• • Wage Theft Bill becomes law
• • Elevator Mechanic Board approved
• • Employment Payment Bill becomes law
• • Economic Development Plus Process Stalls

HB 435, the Community Workforce Program, was introduced into the Delaware House of Representatives but not voted on during the session.   It mandated a union only project labor agreement on all state-funded construction projects over $3 million. ABC vehemently opposed this legislation as it would eliminate 87% of the construction companies in this state that choose not to belong to a union.  For a copy of HB 435, please click here.  

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HB 371, bill that would have legalized recreational marijuana in Delaware was vetoed by Governor John Carney after passing both chambers of the General Assembly.  ABC had issues with this bill centered around not level of impairment noted in the bill. This Act removes all penalties for possession of 1 ounce or less of marijuana, except for those who are under 21 years of age. Possession of more than 1 ounce of marijuana and public consumption remain unclassified misdemeanors. The Act also removes language referencing search and seizure authority. This Act also adds a provision to the Uniform Controlled Substances Act that provides that there will be no criminal or civil penalty for transfers of 1 ounce or less of marijuana between persons who are 21 years of age or older without remuneration.  For a copy of HB 371, please click here.

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Senate Substitute 2 for Senate Bill 1, a bill known as the Healthy Delaware Families Act, establishes the Delaware Family and Medical Leave Insurance Program, which creates a statewide paid family, medical, and parental leave insurance program was signed into law by Governor John Carney after passing both chambers. The Act provides covered individuals a maximum of 12 weeks of family and medical leave benefits for the following purposes: To address a worker's own serious health condition. To care for a family member with a serious health condition. To bond and care for a new child. To address the impact of a family member's military deployment.  Businesses in Delaware will contribute .8% of their total payroll yearly to a fund to pay for this leave.  Payment by businesses will be begin in 2026 with employees able to take the leave in 2027. For a coy of SS 2 to SB 1, please click here.

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HB 487,  a bill that would have eliminated the buy-in provision for the contractor apprenticeship mandate, stalled in the General Assembly.  ABC opposed this legislation as the buy-in was critical to contractors where programs didn't exist in their trade.  This would allow them to continue to bid state work and comply with the apprenticeship law that passed in 2019. The original legislation allowed contractors to make a payment in lieu of participating in the program for their craft. The payment would go into a new Apprenticeship and Training Fund and be used to expand and promote adult trade extension and apprenticeship programs. The buy-in is scheduled to start in October 2022.  For a copy of the bill, please click here. 

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SB 251, a supplemental budget bill for the State of Delaware, included $1.5 million for additional apprenticeship programs statewide was passed in both chambers and signed by the Governor. ABC has been advocating for this additional funding since legislation passed mandating contractors be in an apprenticeship program to bid state work.  Currently, New Castle offers 11 programs, Kent offers 6 programs and Sussex offers 4 programs.  More funding was needed to increase programs as a way to meet the government mandate.  For  a copy of the supplemental bill, please click here. 

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The States capital projects budget passed the General Assembly on June 30, 2022. The bond bill total is $1.45 billion, which is the largest in state history and $450 million more than last year.  Here is the breakdown:  $331.4 million in state transportation allocations to complete road projects statewide, including additional funds to address the roads in poorest condition; $285.2 million for school construction projects in the Appoquinimink, Brandywine, Caesar Rodney, Cape Henlopen, Capital, Christina, Colonial, Indian River, Milford and Smyrna school districts, as well as funding for all three technical school districts Polytech, New Castle County Vo-Tech and Sussex Tech school districts; $80 million to the new Kent and Sussex Family Courthouses for the second year of funding; $38.5 million for the new Troop 6 Wilmington; $26.8 million for statewide library construction; and $10 milllion each for University of Delaware, Delaware State and Delaware Tech.  For a full copy of the State bond bill, click here.

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Governor John Carney signed the fiscal 2023 operating budget, a $5.1-billion spending plan that invests in public schools, higher education and health care services. For a copy of the full budget, please click here. Notable items in the budget bills included: $11.7 million to increase the minimum hourly rate for bus drivers. Districts throughout Delaware, and the country, have expressed concerns over hiring and retaining bus drivers since the COVID-19 pandemic began. As much as $19 million is being added to Delaware's Purchase of Care program which provides support for early childhood education from birth to age 12 for those within 185% of the Federal Poverty Limit. In addition, $104 million is going into the pension fund for a 3% pension increase for state workers who retired between 1992-2017. Those who retired after June 30, 2017, will see a 2% increase. Fifty-five million is going to state employee wages, with increases ranging from 2.3% to 9% depending on pay grade.

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SS 1 to SB 35,  an act that defines specific violations of wage payment and collection laws under Chapter 11 of Title 19 as wage theft, providing specific penalties for these violations, and creates a new criminal offense of wage theft passed the General Assembly and was signed by the Governor.  It includes a mechanism for the Department of Labor to refer completed investigations to the Department of Justice for prosecution.  The civil penalties collected for violations that are wage theft must be used for the enforcement of wage payment and collection laws under Chapter 11 of Title 19 and prosecution of the offense of wage theft under § 841D of Title 11. For a copy of this bill, please click here. 

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HB 449, an act that creates a new chapter in Title 24 and establishes a regulatory State Board of Elevator Mechanics  passed both chambers of the General Assembly and was signed by the Governor.   The board will consist of 5 members appointed by the Governor including 1 public member, 1 member representing the elevator industry,1 member primarily engaged in elevator repair or maintenance, 1 representing elevator inspection, consulting or engineering firms, and 1 representing a labor organization for elevator mechanics and apprentices. The Board has the responsibility of formulating rules and regulations consistent with the APA under Title 29. The Board, under its rules and regulations, will establish standards for licensure, as a master elevator mechanic and journeyman elevator mechanic and continuing education requirements.   For a copy of this bill, please click here.

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SS 1 to SB 208, a bill that 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 passed the General Assembly and was signed by the Governor. It revises these clarifications so it is clear which sections of existing law, §§ 1104 and 1107 of Title 19, provide the basis for an employer to have reasonable grounds to dispute that an employee is owed wages, and like SB 208, does not make any changes to existing law regarding when an employer may withhold or divert any portion of an employee's wages: Section 1104 of Title 19 requires that in a dispute over the amount of wages, the employer must pay all wages conceded by the employer to be due and the employee may pursue a claim for any balance claimed. Section 1107 of Title 19 prohibits an employer from withholding or diverting any portion of an employee's wages unless required or empowered to do so by state or federal law. For a copy of this bill, please click here. 

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HB 420, a bill which the state hopes will speed up development didn't make it through the General Assembly this year. The state's pre-application process for land use process, known as PLUS, was created 20 years ago and has served to increase coordination among state and local agencies. In doing so, it has fulfilled its intent of providing predictability and consistency for the development community, especially in the area of major projects. Given that success, this bill assists in expediting the process for economic development projects in the State of Delaware with some exemptions from the PLUS process. A project located in Investment Level 1 or 2 under the Strategies for State Policies and Spending that is consistent with local zoning and any local comprehensive plan that will create full-time jobs is exempt from the pre-application process unless required by the local government or requested by the applicant. For a copy of this bill, please click here. 

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