Delaware Senate Bill 256 (Prior Session Legislation)

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Completed Legislative Action
Spectrum: Moderate Partisan Bill (Democrat 8-1)
Status: Passed on September 26 2024 - 100% progression
Action: 2024-09-26 - Signed by Governor
Text: Latest bill text (Engrossed) [HTML]

This Act clarifies the Attorney Generals existing authority to enforce the States consumer protection laws, specifically the Attorney Generals ability to pursue non-penalty civil remedies, such as damages and restitution, without having to show that a persons violation of a law or regulation enforced by the Department of Justices Division of Consumer Protection was wilful. This Act does not change the requirement that the Attorney General show that such a violation was wilful in order to obtain civil penalties from a court or hearing officer. Every other state that has a similar state of mind requirement in their consumer fraud law does not impose that state of mind requirement for non-penalty civil remedies. By harmonizing the language in the Consumer Fraud Act (Subchapter II, Chapter 25, Title 6 of the Code) and the Division of Consumer Protections enabling statute (Subchapter II, Chapter 25, Title 29 of the Code), this Act clarifies that Delaware is line with the other states.

An Act To Amend Titles 6 And 29 Of The Delaware Code Relating To Consumer Protection.

Sen. Kyle Gay [D]	Rep. Krista Griffith [D]	Rep. William Bush [D]	Sen. Elizabeth Lockman [D]
Sen. David Sokola [D]	Sen. David Wilson [R]	Rep. Paul Baumbach [D]	Rep. Debra Heffernan [D]
Rep. Edward Osienski [D]

2024-06-26 - House - House Third Reading (Y: 37 N: 0 NV: 0 Abs: 4) [PASS]
2024-06-11 - Senate - Senate Third Reading (Y: 21 N: 0 NV: 0 Abs: 0) [PASS]

Date	Chamber	Action
2024-09-26		Signed by Governor
2024-06-26		Passed By House. Votes: 37 YES 4 ABSENT
2024-06-18		Reported Out of Committee (Economic Development/Banking/Insurance & Commerce) in House with 7 On Its Merits
2024-06-12		Assigned to Economic Development/Banking/Insurance & Commerce Committee in House
2024-06-11		Passed By Senate. Votes: 21 YES
2024-06-11		Amendment SA 1 to SB 256 - Passed By Senate. Votes: 21 YES
2024-06-11		Amendment SA 1 to SB 256 - Introduced and Placed With Bill
2024-04-17		Reported Out of Committee (Judiciary) in Senate with 4 Favorable, 1 On Its Merits
2024-03-21		Introduced and Assigned to Judiciary Committee in Senate

Type	Source
Summary	https://legis.delaware.gov/BillDetail?LegislationId=141127
Text	https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocument?legislationId=141127&legislationTypeId=1&docTypeId=2&legislationName=SB256
Text	https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocumentEngrossment?engrossmentId=36424&docTypeId=6
Roll Call	https://legis.delaware.gov/json/RollCall/GetRollCallVoteByRollCallId#55820
Roll Call	https://legis.delaware.gov/json/RollCall/GetRollCallVoteByRollCallId#56194