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DE SB95

Bill

Status

Passed

7/30/2019

Primary Sponsor

Jack Walsh

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Origin

Senate

150th General Assembly

AI Summary

  • Establishes contractor registration system requiring all contractors performing construction services in Delaware to obtain annual certificate of registration from Department of Labor before working.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Appropriations6/14/2019
Labor6/5/2019

Full Bill Text

No bill text available