Delaware · Senate Bill 63 · 153rd General Assembly

Labor/Employer/Misclassify/Independent Contractor

  1. Introduced Mar 6, 2025
  2. In committee Mar 6, 2025
  3. Passed the Senate May 13, 2025
  4. Passed the House Jun 25, 2025
  5. To the governor  
  6. Became law Jan 28, 2026

What it does

The legislature's own summary of the bill, or its official long title.

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…

Read the full title (185 words)

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.

Every action

12 steps, oldest first, as the legislature records them.

  1. CommitteeIntroduced and Assigned to Labor Committee in Senate · Senate Labor
  2. CommitteeReported Out of Committee (Labor) in Senate with 1 Favorable, 3 On Its Merits · Senate Labor
  3. SenateAmendment SA 1 to SB 63 - Introduced and Placed With Bill
  4. SenateAmendment SA 1 to SB 63 - Passed By Senate. Votes: 21 YES
  5. SenatePassed By Senate. Votes: 14 YES 7 NO14–7 vote
  6. CommitteeAssigned to Labor Committee in House · House Labor
  7. CommitteeReported Out of Committee (Labor) in House with 2 Favorable, 6 On Its Merits · House Labor
  8. HousePassed By House. Votes: 25 YES 13 NO 2 ABSENT 1 VACANT25–13 vote
  9. GovernorVetoed by Governor
  10. SenateVeto Override Passed in the Senate. 15 YES 6 NO
  11. HouseVeto Override Passed in the House. 25 YES 15 NO 1 ABSENT25–15 vote
  12. SenateEnacted into Law

Roll calls

5 recorded votes: 5 on the floor, 0 in committee. Each shows how every member voted.

Amendment SA 1 to SB 63 · Full Senate

Passed 21–0
May 13, 2025 · journal entry
Yes 21 No 0
Democrats: 15 yes, 0 no Republicans: 6 yes, 0 no
How each member voted

Yes · 21

Passed By Senate. Votes: 14 YES 7 NO · Full Senate

Passed 14–7
May 13, 2025 · journal entry
Yes 14 No 7
Democrats: 14 yes, 1 no Republicans: 0 yes, 6 no
How each member voted

Yes · 14

No · 7

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

Passed 25–13
Jun 25, 2025 · journal entry
Yes 25 No 13 Not voting 2
Democrats: 25 yes, 0 no Republicans: 0 yes, 13 no
How each member voted

Yes · 25

No · 13

Absent · 2

Veto Override Passed in the Senate. 15 YES 6 NO (3/5 required) · Full Senate

Passed 15–6
Jan 28, 2026 · journal entry
Yes 15 No 6
Democrats: 15 yes, 0 no Republicans: 0 yes, 6 no
How each member voted

Yes · 15

No · 6

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

Passed 25–15
Jan 28, 2026 · journal entry
Yes 25 No 15 Not voting 1
Democrats: 25 yes, 1 no Republicans: 0 yes, 14 no
How each member voted

Yes · 25

No · 15

Absent · 1

Sponsors

The member who introduced it, joined by 8 cosponsors: 8 Democrats.

All 8 cosponsors

From Delaware's official records (legis.delaware.gov), checked Nov 1, 2026. Text links go to the official versions; LegiList does not copy bill text.