SmallTownNews
Group of legislators hears small business concerns

By Kara Nuzback

Cape Gazette of Lewes, Delaware

Sussex County business owners and community activists told a panel of seven legislators they don't want more regulation. Delaware's Small Business Caucus held a public forum recently at Sussex County Association of Realtors office in Georgetown.

Rep. Daniel Short, R-Seaford, led the forum and encouraged participants to give suggestions for the caucus to take to Dover. "We're all small business people," Short said. "We're here to listen."

Resentment to proposed House Bill 89 filled the room. "You can kiss jobs in Delaware goodbye if that thing passes," said Rich Collins of political action group Positive Growth Alliance.

HB 89, introduced April 13, would give full-time employees good-cause protection against termination if they have worked for the employer for at least one year. Good cause for termination can relate to job performance and employment record or a business judgment made in good faith by the employer. Private employers with fewer than five employees would be exempt from the law.

Rep. James Johnson, D-New Castle, sponsors HB 89. Johnson, who was not in attendance at the meeting, said he took over sponsorship of the bill in memory of former Rep. Hazel Plant, who died in November. Johnson said Plant introduced the bill numerous times, but it was never passed.

Johnson said at-will employment dates back to Colonial times and is not used by employers anymore. "I think they are probably exaggerating, and it won't affect the job market," he said. Johnson added he is willing to listen to arguments against the bill and looks forward to discussing the legislation in committee.

Under Delaware's current at-will policy, employees may be terminated at any time for any

reason, as long as the reason is not against the law, such as illegal discrimination.

Rep. Quinton Johnson, D-Mid-dletown, said the hiring and firing processes are fine as they are. Businesses have no guarantee of success, he said, and sometimes one person needs to be fired for others to stay employed.

One small business owner in the audience pointed out it is difficult to find good employees and expensive to train them. Another said firing an employee is hard enough without help from the legislature.

Ernie Felici, of real estate firm

Cushman and Wakefield, said the aging population of Sussex County is not enticing to new businesses and asked legislators what they are doing to facilitate business expansion. Felici said improving public transportation could help increase new business growth in the county.

Short said he has spoken with representatives from Delaware Technical & Community College about expanding the campus. Sen. Joe Booth, R-Georgetown, agreed improving infrastructure would entice larger businesses. "We need to do a better job there; transportation is an issue," Booth

said.

Rep. Lincoln Willis, R-Clayton, said redistricting may mean more representation for Sussex County. After lines are redrawn, the county's political power might be enough to get funding for infrastructure needs, Willis said.

Randal Cash, owner of Automated Copy Systems in Bridgeville, said state contracts prevented him from selling copy machines to Sussex County school boards. Cash said state contracts, which force state agencies to buy products from designated companies, are biased toward upstate businesses and costly. "I would bid like hell to see my copiers in the schools of Sussex County," Cash said.

Rep. Ruth Briggs King, R-Georgetown, said she is planning to propose legislation to modify procurement services to help local businesses. "If a contract for services goes out of state, the money follows it," she said.

Pat Ryan, architect and president of French and Ryan of Georgetown, told legislators the regulation and approval process for construction work is slow

and costly. "We do have to have regulation, but the problem comes when the process is delayed," Ryan said.

Construction being one of the hardest-hit industries in the economic downturn, he said, state agencies need to speed up the review process.

Ryan suggested an incentive

program where businesses could pay a fee to have their plans reviewed more quickly.

Ryan also said he was unhappy with the prevailing pay rate for construction work. The average pay for a carpenter, he said, is $20 per hour. The minimum pay for a state job is almost $40 per hour. "Compare that to a starting teacher's salary," Ryan said.

Short said after the caucus's first meeting in 2009, he and other members took action on concerns and suggestions from business owners. House Bill 377, from the 145th General Assembly, addressed a bias in licensing for some out-of-state contractors.

HB 377 was put into action at the regulatory level without having to pass a bill.

House Bill 54, which was also introduced last year, would create a friendlier regulatory environment for small businesses. "We're not just going





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