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As the end of the General Assembly session approaches, controversial legislation that has failed in recent years mandating employee shift breaks at certain retailers is nearing approval.

The Senate passed the measure this week, following the House's approval of a companion bill last week. The chambers will now consider each other's versions, but business leaders say it is likely to pass. Similar legislation was withdrawn in 2007 and died in committee in 2008 and 2009.

"It would be an unusual occurrence if it didn't pass now," said Thomas S. Saquella, president of the Maryland Retailers Association, which opposes the legislation.

The bill would apply to retailers with 50 or more employees in one site or in multiple franchises under the same trade name. Most workers on the job between four and six hours would get a 15-minute break, and those working more than six hours would receive a 30-minute break. Employees denied breaks could file complaints with a state commission that could result in a fine.

While most retail association members probably already do more than what the bill requires, the legal issue is a concern, Saquella said.

"Our members don't want attorneys filing lawsuits because of shift breaks," he said. "The biggest impact of this for many of our members will be that they will have to keep good records on employee breaks."

The Maryland Chamber of Commerce also opposes the legislation due to what it calls the measure's "one-size-fits-all approach" creating administrative burdens and exposing businesses to legal action on matters that can be resolved through internal processes.

The state Department of Labor, Licensing and Regulation estimated that 20 percent of its roughly 50,000 phone inquiries in fiscal 2009 were about shift breaks, and most of those were from retailers, according to a Department of Legislative Services analysis.

Another bill supported by the chamber and retailers group that would allow small businesses to pay property taxes in installments was heard by a Senate committee this week after being passed by the House. The semiannual payment schedule for state, county, municipal and special taxing district property taxes would be allowed for small businesses with property tax bills of $50,000 or less.

"That would be another tool to allow small businesses to manage their cash flow," Saquella said.

Other bills that have been passed by at least one chamber include one that would appoint a commission to study short- and long-term transportation funding needs; another that calls for stricter stormwater management rules on development that includes a grandfather clause for some projects; and another that extends the termination date of the Small Business Reserve Program until 2016.

The General Assembly's regular session is scheduled to end April 12.

Budget cuts recommended

The House Appropriations Committee has agreed to fund stem cell research grants for fiscal 2011 at $12.4 million. The Senate wants to cut that to $6.2 million.

The House committee also wants to add $1 million to the Tourism Development Board that the Senate seeks to cut. The full House began considering the budget Thursday.

The House and Senate differences will be discussed in a budget conference committee.