SB 63 DE Vetoed
AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO LABOR.
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Summary
Chapter 35 of Title 19 prohibits an employer from improperly classifying an individual who is an employee as an independent contractor. Not only is this improper classification unfair to employees because it violates state and federal laws related to income tax withholding, unemployment insurance, wage laws, and workers’ compensation, it is also unfair to contractors who comply with Chapter 35 and these other employment laws. When employers who violate Chapter 35 are subcontractors who have not registered as contractors as required under Chapter 36 of Title 19, the Department of Labor (Department) has no recourse for enforcing compliance with Chapter 35. This Act makes a general contractor responsible for a subcontractor’s compliance with Chapter 35 by making the general contractor jointly and severally liable for restitution and penalties assessed against the subcontractor. This Act also allows the Department to deny, suspend, or revoke the certificate of registration of a contractor who contracts with a subcontractor who has not registered on any project. In addition, Section 3 of this Act makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Sponsors (11)
- John "Jack" Walsh Democratic · primary
- Edward S. Osienski Democratic · primary
- Brian Pettyjohn Republican · primary
- Claire Snyder-Hall Democratic · primary
- Bryant L. Richardson Republican · primary
- Mara Gorman Democratic · primary
- Russell Huxtable Democratic · primary
- Spiros Mantzavinos Democratic · primary
- Eric Morrison Democratic · primary
- Cyndie Romer Democratic · primary
- Madinah Wilson-Anton Democratic · primary
Action history (12)
- Mar 6, 2025 Introduced and Assigned to Labor Committee in Senate · upper
- Apr 9, 2025 Reported Out of Committee (Labor) in Senate with 1 Favorable, 3 On Its Merits · upper
- May 8, 2025 Amendment SA 1 to SB 63 - Introduced and Placed With Bill · upper
- May 13, 2025 Amendment SA 1 to SB 63 - Passed By Senate. Votes: 21 YES · upper
- May 13, 2025 Passed By Senate. Votes: 14 YES 7 NO · upper
- May 14, 2025 Assigned to Labor Committee in House · lower
- Jun 17, 2025 Reported Out of Committee (Labor) in House with 2 Favorable, 6 On Its Merits · lower
- Jun 25, 2025 Passed By House. Votes: 25 YES 13 NO 2 ABSENT 1 VACANT · lower
- Aug 28, 2025 Vetoed by Governor · executive
- Jan 28, 2026 Veto Override Passed in the Senate. 15 YES 6 NO · upper
- Jan 28, 2026 Veto Override Passed in the House. 25 YES 15 NO 1 ABSENT · lower
- Jan 28, 2026 Enacted into Law · upper
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