CHAPTER 94

FORMERLY

SENATE BILL NO. 123

AN ACT TO AMEND TITLE 29 OF THE DELAWARE REGARDING IDENTIFICATION OF VENDORS, FIRMS, AND SUBCONTRACTORS REPORTING TO THE DIVISION OF REVENUE.

BE IT ENACTED BY THE GENERAL ASSEMBLY DELAWARE CODE REGARDING SUBCONTRACTORS OF THE STATE OF DELAWARE

Section 1. Amend §6906, Title 29 of the Delaware Code, by adding to said section a new subsection (d) to read as follows:

"(d) In the case of bids submitted to agencies other than any county of this state and other than any public school district, whenever security is required under this section, the vendor shall also supply with its bid its taxpayer identification number (i.e., federal employer identification number or social security number) or a Delaware business license number and, should the vendor be awarded a contract, such vendor shall provide to the agency the taxpayer identification or Delaware business license numbers of such subcontractors. Such numbers shall be provided only for subcontractors required to be specifically identified to the agency and shall be provided on the later of the date on which such subcontractor is required to be identified or the time the contract is executed. The agency shall report to the Division of Revenue each vendor selected for award within fifteen (15) days of execution of the contract and each subcontractor within fifteen (15) days of such contractor having been identified to the agency or on the date of execution of the contract, whichever is later, unless the Director of Revenue has notified the agency of criteria according to which, in the Director's discretion, reporting is not required, and the contract meets such criteria."

Section 2. §6937, Title 29 of the Delaware Code by adding to said section a new subsection (c) to read as follows:

"(c) In the case of any contract entered into by an agency other than any county of this state and other than a public school district, and which is not excluded under subsection (a) of this section, no contract shall be executed unless and until the firm has provided the agency with its taxpayer identification number (i.e., federal employer identification number or social security number) or its Delaware business license number and, within fifteen (15) days of the time identification of any subcontractor shall be required or at the time the contract is executed, whichever is later, the number of such subcontractor. The agency shall report to the Division of Revenue each firm and subcontractor selected for an award within fifteen (15) days of identification of such firm or subcontractor under this subsection unless the Director of Revenue notifies the agency of criteria according to which, in the Director's discretion, reporting is not required, and the contract meets such criteria."

Section 2. If any provision of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to that end the provisions of this Act are declared severable.

Section 3. This Act shall be effective with regard to all contracts executed on or after October 1, 1995.

Approved June 26, 1995