SB103 • 2025

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO STATE PROCUREMENT.

Education Labor

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Walsh
Last action: 2025-04-14
Official status: Stricken 4/14/25
Effective date: Not listed

Plain English Breakdown

The bill was stricken in the Senate and did not proceed further, which means its provisions are not currently enforceable.

Act to Require Prevailing Wages on Public Works Projects

This act changes Delaware's state procurement rules to require public works contracts over certain dollar amounts and involving mechanics or laborers to include a provision for paying the prevailing wage.

What This Bill Does

Requires that all public works contracts above $500,000 for new construction (including painting and decorating) or $45,000 for repairs and renovations must pay the prevailing wage if they involve mechanics or laborers.
Defines 'public works' to include projects funded by state money and involving construction work like building roads, schools, or other infrastructure.
Establishes that the Delaware Department of Labor sets the prevailing wages based on collective bargaining agreements or other local rates.

Who It Names or Affects

Contractors working on public works projects in Delaware
Mechanics and laborers employed by contractors for these projects

Terms To Know

Prevailing wage: The standard rate of pay for a particular type of work, usually based on local agreements or rates.
Public works: Projects funded by the government that involve construction and maintenance activities like building roads, schools, or other infrastructure.

Limits and Unknowns

The bill was stricken in the Senate on April 14, 2025, so it did not become law.
It is unclear how many public works projects will be affected by this requirement since the bill did not pass.

Bill History

2025-04-14 Delaware General Assembly
Stricken in Senate
2025-04-09 Delaware General Assembly
Introduced and Assigned to Elections & Government Affairs Committee in Senate

Official Summary Text

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO STATE PROCUREMENT.
This Act requires that for every public works contract or aggregate of public works contracts relating to a project in excess of $500,000 for new construction (including painting and decorating) or $45,000 for alteration, repair, renovation, rehabilitation, demolition or reconstruction (including painting and decorating of buildings or works) and which is paid for, in whole or in part, with public funds, which requires or involves the employment of mechanics and/or laborers shall contain a provision requiring the payment of the prevailing wage.

Current Bill Text

Read the full stored bill text

Legislation Document

SPONSOR:

Sen. Walsh & Rep. Osienski

Sens. Cruce, Hoffner, Townsend; Reps. Gorman, Morrison

DELAWARE STATE SENATE

153rd GENERAL ASSEMBLY

SENATE BILL NO. 103

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO STATE PROCUREMENT.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

§ 6960. Prevailing wage requirements.

(a) The specifications for every

public works

contract or aggregate of

public works

contracts relating to a

public works

project in excess of $500,000 for new construction (including painting and decorating) or $45,000 for alteration, repair, renovation, rehabilitation, demolition or reconstruction (including painting and decorating of buildings or works)

to which this State or any subdivision thereof is a party and for which the State appropriated any part of the funds

and which is paid for, in whole or in part, with public funds,

and which requires or involves the employment of mechanics and/or laborers shall contain a provision stating the minimum wages to be paid various classes of laborers and mechanics which shall be based upon the wages that will be determined by the Delaware Department of Labor, Division of Industrial Affairs, to be prevailing in the county in which the work is to be performed. As of January 1, 2016, the Delaware Department of Labor, Division of Industrial Affairs shall establish the prevailing wage for each respective craft or class of laborers and mechanics at the same rates established in collective bargaining agreements between labor organizations and their employers, or when collective bargaining agreement rates do not prevail, that govern work of a similar nature and similar crafts or classes of laborers and mechanics for the county where the public works contract will be performed if that particular labor organization’s collective bargaining rate prevailed and they participated in the survey, for that particular trade or craft in that particular county for 4 consecutive years. When collective bargaining rates do not apply, the prevailing wage shall be the highest rate of the 4 years. If the agreed rate of pay is designated to be the craft’s collective bargaining agreement, the annual rate adjustment will be determined by the collective bargaining agreement rate for each craft and county, each year. When collective bargaining rates do not prevail, the annual rate adjustment shall be the Consumer Price Index-Construction. If the prevailing wage cannot be reasonably and fairly determined in any locality because no such agreements exists or the collective bargaining rate has not prevailed for 4 consecutive years the Department shall use the prevailing wage as established by the Department’s annual prevailing wage survey. There will be a 1-time challenge of the prevailing wage rate per cycle as in the Department regulations.

SYNOPSIS

This Act requires that for every public works contract or aggregate of public works contracts relating to a project in excess of $500,000 for new construction (including painting and decorating) or $45,000 for alteration, repair, renovation, rehabilitation, demolition or reconstruction (including painting and decorating of buildings or works) and which is paid for, in whole or in part, with public funds, which requires or involves the employment of mechanics and/or laborers shall contain a provision requiring the payment of the prevailing wage.

Author: Senator Walsh