Delaware House Bill 247 (Prior Session Legislation)

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Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: Enrolled on April 28 2010 - 75% progression, died in chamber
Action: 2010-04-28 - HS 1 for HB 247 - Passed by Senate. Votes: Passed 19 YES 0 NO 0 NOT VOTING 2 ABSENT 0 VACANT
Text: Latest bill text (Draft #1) [HTML]

This bill presents extensive revisions to Chapter 25 of Title 6, and to Chapter 25 of Title 29, pertaining to consumer protection, in order to bring greater clarity and consistency to the statute and to strengthen and increase the enforcement authority of the Department of Justice. Specifically, the bill adds new administrative powers to give the Director of the Consumer Protection Unit of the Department of Justice similar authority to what is provided to the Securities Commissioner in Chapter 73 of Title 6. Several sections contained in Chapter 25 of Title 29 have been revised and transferred to Chapter 25 of Title 6, so that the consumer protection statutes are all in one location in the Code. Section 1 contains a new Subchapter I that has been amended to place general provisions pertaining to purpose, definitions, private causes of action and remedies, courts of competent jurisdiction, defenses, and a statute of limitations at the beginning of the Chapter. Previously, Subchapter I was a collection of miscellaneous provisions. Section 2 contains a new Subchapter II that clarifies the rulemaking authority of the Director of the Consumer Protection Unit and adds new administrative powers. The Director shall have the authority to issue cease and desist orders for any violation of the Chapter. For consumer fraud and deceptive trade practice violations, the Director is authorized to initiate an administrative proceeding in which civil penalties up to $5000 per violation are authorized. Section 2 also authorizes the Attorney General to appoint a hearing officer, who shall be a Deputy Attorney General not assigned to the Consumer Protection Unit, to adjudicate such proceedings. Additionally, in court proceedings where a violation has been shown by the Consumer Protection Unit, it shall be entitled to attorney’s fees. Section 3 contains a new Subchapter III that prohibits consumer fraud and unfair or deceptive trade practices. These sections closely match the language previously contained in former sections 2513 and 2532. Section 4 repeals Subchapter XI of Title 6, which consists of one section pertaining to enforcement. The substance of this provision has been moved to Subchapter II, which contains enforcement-related sections. Section 5 repeals the sections in Chapter 25 of Title 29 pertaining to consumer protection, so that the consumer protection statutes are all located in Title 6. Sections 6 through 25 amend various references throughout Title 6 (as well as one change in Title 25) to the old consumer protection statutory provisions to update those references for consistency with the new section numbers. All sections of this Act become effective upon enactment.

An Act To Amend Title 6, Title 25 And Title 29 Of The Delaware Code Relating To Consumer Protection.

Rep. Gerald Brady [D]	Rep. Deborah Hudson [R]	Rep. Helene Keeley [D]	Sen. David McBride [D]
Rep. John Mitchell [D]

Date	Chamber	Action
2010-04-28		HS 1 for HB 247 - Passed by Senate. Votes: Passed 19 YES 0 NO 0 NOT VOTING 2 ABSENT 0 VACANT
2010-04-27		HS 1 FOR HB 247 - Reported Out of Committee (JUDICIARY) in Senate with 4 On Its Merits
2010-04-27		HS 1 FOR HB 247 - Reported Out of Committee (JUDICIARY) in Senate with 4 On Its Merits
2010-03-30		HS 1 for HB 247 - Assigned to Judiciary Committee in Senate
2010-03-25		HS 1 for HB 247 - Passed by House of Representatives. Votes: Passed 36 YES 0 NO 1 NOT VOTING 4 ABSENT 0 VACANT
2010-03-25		HS 1 FOR HB 247 - Amendment HA 3 - Stricken
2010-03-25		HS 1 FOR HB 247 - Amendment HA 4 - Passed in House by Voice Vote
2010-03-25		HS 1 FOR HB 247 - Amendment HA 4 - Introduced in House
2010-03-25		HS 1 FOR HB 247 - Amendment HA 3 - Laid On Table in House
2010-03-25		HS 1 FOR HB 247 - Amendment HA 3 - Introduced in House
2010-03-25		HS 1 FOR HB 247 - Amendment HA 2 - Passed in House by Voice Vote
2010-03-25		HS 1 FOR HB 247 - Amendment HA 1 - Passed in House by Voice Vote
2010-03-23		HS 1 FOR HB 247 - Amendment HA 2 - Introduced and Placed With Bill
2010-03-18		HS 1 FOR HB 247 - Amendment HA 1 - Introduced and Placed With Bill
2010-03-17		HS 1 for HB 247 - Reported Out of Committee (JUDICIARY) in House with 1 Favorable, 7 On Its Merits
2010-03-11		HS 1 for HB 247 - Assigned to Judiciary
2010-03-11		Substituted by HS 1 for HB 247
2009-06-18		Re-Assigned to Judiciary Committee in House
2009-06-17		Introduced and Assigned to Economic Development/Banking/Insurance/Commerce Committee in House

Type	Source
Summary	http://legis.delaware.gov/LIS/lis145.nsf/2bede841c6272c888025698400433a04/d2ad14d2227bd38d852575d300651f52?OpenDocument
Text	http://legis.delaware.gov/LIS/lis145.nsf/vwLegislation/HB+247/$file/legis.html?open