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DE SB95
Bill
AI Summary
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Establishes contractor registration system requiring all contractors performing construction services in Delaware to obtain annual certificate of registration from Department of Labor before working.
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Creates tiered registration fees: $200-$300 annually for most contractors ($300-$500 for 2-year registration after 2 consecutive years compliance), with higher fees for contractors with state public works contracts.
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Prohibits labor brokers from providing construction services and establishes presumption that employer-employee relationship exists unless employer proves individual is independent contractor meeting specific criteria.
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Allows general contractors and subcontractors to engage other registered contractors in same line of work without establishing employer-employee relationship, providing exemption from misclassification rules.
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Increases civil penalties for violations from $1,000-$5,000 per employee to $5,000-$85,000 for knowing violations; increases retaliation penalties from $5,000-$10,000 to $20,000-$50,000; requires registered contractors on public works projects to use only registered subcontractors; takes effect October 1, 2020.
Legislative Description
An Act To Amend Title 19 And Title 29 Of The Delaware Code Relating To Contractor Registration.
Last Action
Signed by Governor
7/30/2019