Delaware 153rd General Assembly (2025-2026) Status: To Executive Bipartisan · 9 D · 2 R cosponsors

SB 63 — AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO LABOR.

Last action — Enacted into Law

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill has been sent to the executive. Introduced March 06, 2025. It awaits signature.

Signed by Governor Matt Meyer (Democratic) on January 28, 2026.

Next likely step: the executive signs it into law or issues a veto.

Prognosis

Likely to advance 90% · high confidence

Where this bill stands today.

Odds of enactment

Low

How often bills like it became law.

  • To Executive

    Current position in the legislative process.

  • 11 sponsors

    11 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (9 D · 2 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 4 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

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.

Bill Text

What changed in the latest version

54 added · 10 removed

Plain-language change summary

The amendment clarifies that a general contractor is not liable for debarment due to a subcontractor's violations of penalties. This change specifically separates the liabilities, indicating that while a general contractor can be held responsible for their subcontractor's penalties, this does not include the penalty of debarment. This distinction is significant as it aims to limit the potential consequences for general contractors related to subcontractor actions.

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Previous
Latest
Walsh DELAWARE STATE SENATE 153rd GENERAL ASSEMBLY SENATE AMENDMENT NO.
Walsh & Rep.
1 TO SENATE BILL NO.
Osienski & Rep.
63 AMEND Senate Bill No.
K.
63 on line 11 between “(j)” and “A” by inserting “(1)” therein.
Williams Sen.
FURTHER AMEND Senate Bill No.
Hoffner;
63 between lines 12 and 13 by inserting the following:
Reps.
“(2) A general contractor’s liability for a subcontractor’s penalties under paragraph (j)(1) of this section does not include debarment under paragraph (h)(1) of this section.”.
Burns, Gorman, Heffernan, Lambert, Morrison, Romer, Wilson-Anton DELAWARE STATE SENATE 153rd GENERAL ASSEMBLY SENATE BILL NO.
SYNOPSIS This Amendment clarifies that a general contractor is not subject to debarment for a subcontractor's violations.
63 AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO LABOR.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1.
Amend § 3503, Title 19 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and redesignating accordingly:
§ 3503.
Acts Requirements;
acts prohibited.
(e)(1) A person must not knowingly conspire with, aid and abet, assist, advise, or facilitate an employer with the intent of violating the provisions of this chapter.
(2) Notwithstanding paragraph (e)(1) of this section, a general contractor is responsible for a subcontractor’s violations of this chapter.
Section 2.
Amend § 3505, Title 19 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 3505.
Penalties.
(j) A general contractor is jointly and severally liable for a subcontractor’s penalties and restitution under this section.
Section 3.
Amend § 3510, Title 19 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and redesignating accordingly:
§ 3510.
Provisions relating to contracts with public bodies.
(c) Subject to the process set forth in this section:
(1) An employer found to be in violation of this chapter more than twice in a 2-year period may be subject to debarment.
debarment under § 3505(h)(1) of this title.
(2) The Department shall file with the Office of Management and Budget, the Division of Revenue, the Division of Unemployment Insurance, the Department of Insurance, the Office of Workers’ Compensation, and the Office of the Attorney General, a list of employers who are subject to debarment.
(3) A debarment under this section shall be in effect against applies to any successor corporation or business entity that:
to which all of the following apply:
DLS :
DIG :
CM Page 1 of 2 Released:
03/05/2025 04:51 PM a.
Has 1 or more of the same principals or officers as the employer against whom the debarment was imposed;
and imposed.
b.
Is engaged in the same or equivalent trade or activity.
Section 4.
Show all 53 changed rows (13 more)
Previous
Latest
Amend § 3607, Title 19 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 3607.
Denial, suspension, or revocation of certificate of registration.
(a) The Department may deny, suspend, or revoke a certificate of registration if the contractor or an officer, partner, director, stockholder, or agent of the contractor does any of the following under this chapter:
(5) Contracts with or uses a subcontractor who is not registered under this chapter in the completion of a public works contract.
SYNOPSIS 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.
CM Page 1 of 1 Released:
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05/08/2025 04:44 PM 5971530067
03/05/2025 04:51 PM 5971530049
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Action History

  1. Enacted into Law

  2. Veto Override Passed in the House. 25 YES 15 NO 1 ABSENT

  3. Veto Override Passed in the Senate. 15 YES 6 NO

  4. Vetoed by Governor

  5. Passed By House. Votes: 25 YES 13 NO 2 ABSENT 1 VACANT

  6. Reported Out of Committee (Labor) in House with 2 Favorable, 6 On Its Merits

  7. Assigned to Labor Committee in House

  8. Passed By Senate. Votes: 14 YES 7 NO

  9. Amendment SA 1 to SB 63 - Passed By Senate. Votes: 21 YES

  10. Amendment SA 1 to SB 63 - Introduced and Placed With Bill

  11. Reported Out of Committee (Labor) in Senate with 1 Favorable, 3 On Its Merits

  12. Introduced and Assigned to Labor Committee in Senate

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

11 sponsors · 0 co-sponsors · 51 not signed on · 19 voted No

Sponsors (11)

Co-sponsors (0)

None.

Not signed on (51)

51 members have not signed on to this bill.

Show all 51 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SM

Passed 25 Yea · 15 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 25101
Republican 01400
Total 251501
% of votes cast 61%37%0%2%
How each member voted (41)
Member Party Vote
Alonna Berry Democratic Yea
Claire Snyder-Hall Democratic Yea
Cyndie Romer Democratic Yea
DeShanna U Neal Democratic Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Eric Morrison Democratic Yea
Frank Burns Democratic Yea
Franklin D. Cooke Democratic Yea
Josue O Ortega Democratic Nay
Kamela T Smith Democratic Yea
Kendra Johnson Democratic Yea
Kerri Evelyn Harris Democratic Yea
Kimberly Williams Democratic Yea
Krista Griffith Democratic Yea
Larry Lambert Democratic Yea
Madinah Wilson-Anton Democratic Yea
Mara Gorman Democratic Yea
Melanie Ross Levin Democratic Yea
Melissa Minor-Brown Democratic Yea
Nnamdi O. Chukwuocha Democratic Yea
Sean M. Lynn Democratic Not Voting
Sherae'a Moore Democratic Yea
Sophie Phillips Democratic Yea
Stephanie T. Bolden Democratic Yea
William Bush Democratic Yea
William J. Carson Democratic Yea
Bryan W. Shupe Republican Nay
Charles S Postles Jr. Republican Nay
Daniel B. Short Republican Nay
Jeff Hilovsky Republican Nay
Jeffrey N. Spiegelman Republican Nay
Jesse R. Vanderwende Republican Nay
Kevin S Hensley Republican Nay
Lyndon D. Yearick Republican Nay
Michael F. Smith Republican Nay
Richard G. Collins Republican Nay
Ronald E. Gray Republican Nay
Shannon Morris Republican Nay
Timothy D. Dukes Republican Nay
Valerie Jones Giltner Republican Nay

Official roll call →

3/5

Passed 15 Yea · 6 Nay
Party YeaNayPresentNot Voting
Democratic 15000
Republican 0600
Total 15600
% of votes cast 71%29%0%0%
How each member voted (21)
Member Party Vote
Bryan Townsend Democratic Yea
Daniel Cruce Democratic Yea
Darius J. Brown Democratic Yea
David P. Sokola Democratic Yea
John "Jack" Walsh Democratic Yea
Kyra L. Hoffner Democratic Yea
Laura V. Sturgeon Democratic Yea
Marie Pinkney Democratic Yea
Nicole Poore Democratic Yea
Ray Seigfried Democratic Yea
Russell Huxtable Democratic Yea
S. Elizabeth Lockman Democratic Yea
Spiros Mantzavinos Democratic Yea
Stephanie L. Hansen Democratic Yea
Trey Paradee Democratic Yea
Brian Pettyjohn Republican Nay
Bryant L. Richardson Republican Nay
Dave G. Lawson Republican Nay
David L. Wilson Republican Nay
Eric Buckson Republican Nay
Gerald W. Hocker Republican Nay

Official roll call →

SM

Passed 25 Yea · 13 Nay · 3 Other
Party YeaNayPresentNot Voting
Democratic 25001
Republican 01301
Total 251302
% of votes cast 63%33%0%5%
How each member voted (40)
Member Party Vote
Claire Snyder-Hall Democratic Yea
Cyndie Romer Democratic Yea
DeShanna U Neal Democratic Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Eric Morrison Democratic Yea
Frank Burns Democratic Yea
Franklin D. Cooke Democratic Yea
Josue O Ortega Democratic Yea
Kamela T Smith Democratic Yea
Kendra Johnson Democratic Yea
Kerri Evelyn Harris Democratic Yea
Kimberly Williams Democratic Yea
Krista Griffith Democratic Yea
Larry Lambert Democratic Yea
Madinah Wilson-Anton Democratic Yea
Mara Gorman Democratic Yea
Melanie Ross Levin Democratic Yea
Melissa Minor-Brown Democratic Yea
Nnamdi O. Chukwuocha Democratic Yea
Sean M. Lynn Democratic Yea
Sherae'a Moore Democratic Yea
Sophie Phillips Democratic Not Voting
Stephanie T. Bolden Democratic Yea
William Bush Democratic Yea
William J. Carson Democratic Yea
Bryan W. Shupe Republican Nay
Charles S Postles Jr. Republican Not Voting
Daniel B. Short Republican Nay
Jeff Hilovsky Republican Nay
Jeffrey N. Spiegelman Republican Nay
Jesse R. Vanderwende Republican Nay
Kevin S Hensley Republican Nay
Lyndon D. Yearick Republican Nay
Michael F. Smith Republican Nay
Richard G. Collins Republican Nay
Ronald E. Gray Republican Nay
Shannon Morris Republican Nay
Timothy D. Dukes Republican Nay
Valerie Jones Giltner Republican Nay

Official roll call →

SM

Passed 14 Yea · 7 Nay
Party YeaNayPresentNot Voting
Democratic 14100
Republican 0600
Total 14700
% of votes cast 67%33%0%0%
How each member voted (21)
Member Party Vote
Bryan Townsend Democratic Yea
Daniel Cruce Democratic Yea
Darius J. Brown Democratic Yea
David P. Sokola Democratic Yea
John "Jack" Walsh Democratic Yea
Kyra L. Hoffner Democratic Yea
Laura V. Sturgeon Democratic Yea
Marie Pinkney Democratic Yea
Nicole Poore Democratic Yea
Ray Seigfried Democratic Yea
Russell Huxtable Democratic Nay
S. Elizabeth Lockman Democratic Yea
Spiros Mantzavinos Democratic Yea
Stephanie L. Hansen Democratic Yea
Trey Paradee Democratic Yea
Brian Pettyjohn Republican Nay
Bryant L. Richardson Republican Nay
Dave G. Lawson Republican Nay
David L. Wilson Republican Nay
Eric Buckson Republican Nay
Gerald W. Hocker Republican Nay

Official roll call →

Subjects

labor
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 63 do?
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.
Who sponsors SB 63?
SB 63 is sponsored by Madinah Wilson-Anton (Democratic), Cyndie Romer (Democratic), Eric Morrison (Democratic), Spiros Mantzavinos (Democratic), Russell Huxtable (Democratic), Mara Gorman (Democratic), Bryant L. Richardson (Republican), Claire Snyder-Hall (Democratic), Brian Pettyjohn (Republican), Edward S. Osienski (Democratic), and John "Jack" Walsh (Democratic).
What is the current status of SB 63?
This bill has been sent to the executive. Introduced March 06, 2025. It awaits signature.
Where can I track SB 63?
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