Committee holds Senate Bill 94 on earned-wage access after safe-harbor debate

Chair opened consideration of Senate Bill 94, describing it as an earned-wage access measure that removes tips from certain calculations and adds consumer protections and noting the bill would take effect Oct. 1. The chair said a version passed previously and this session updates the text.

Delegate Adams asked to hold the bill to allow time for one or more amendments, including a proposed safe-harbor intended to protect companies that are in the process of becoming licensed. "I'd like to hold the bill for the purpose of amendments," Delegate Adams said, pressing whether a safe-harbor was necessary given the October effective date.

Amy Hennan, Assistant Commissioner for Policy at the Office of Financial Regulation, told the committee her office believes a safe-harbor is unnecessary because "we have licensed a majority of the providers at this point." She noted that the licensing requirement itself addresses many concerns and that she had not yet finalized amendment text.

Members debated whether the bill's effective date and a look-back provision could expose companies to retroactive enforcement and whether a safe-harbor would be appropriate to alleviate that risk. One member argued removal of tips is the bill's central reform and cautioned against amendments that would undercut the core change.

After discussion the Chair and members agreed to hold SB 94 until the next voting session to allow time for committee counsel, staff and stakeholders to finalize and circulate any proposed amendment language. The committee recorded the hold and will revisit the bill at the next scheduled voting session.

Next step: SB 94 is held until the committee's next voting session to allow for consultation on potential safe-harbor language and related amendments.