Bill Text: DE HB234 | 2011-2012 | 146th General Assembly | Draft
Bill Title: An Act To Amend Title 6 Of The Delaware Code Relating To Consumer Protection.
Spectrum: Slight Partisan Bill (Democrat 8-3)
Status: (Passed) 2012-03-30 - Signed by Governor [HB234 Detail]
Download: Delaware-2011-HB234-Draft.html
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SPONSOR: |
Rep. Keeley & Sen. Henry |
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Reps. Bennett, Bolden, Heffernan, Hudson, Jaques, Kenton, Kowalko, Mitchell, D. Short |
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HOUSE OF REPRESENTATIVES 146th GENERAL ASSEMBLY |
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HOUSE BILL NO. 234 |
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AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO CONSUMER PROTECTION. |
Section 1.Amend §522(a), Title 6 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:
(a)
Whenever
it appears to the Attorney General that a person has engaged in, is engaging in
or is about to engage in any practice declared by this subchapter to be
unlawful, the Attorney General may institute an action in accordance with §
2517(c)(2) [repealed] Subchapter II of Chapter 25 of Title 29 in
order to enjoin such practices or any acts being done in furtherance thereof.
The complaint shall state the nature of the conduct constituting a violation of
this subchapter and the relief sought thereunder. Such action shall be brought
in a court of competent jurisdiction in the county in which the alleged
unlawful practice has been, is, or is about to be performed.
Section 2. Amend §527(a), Title 6 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:
(a)
All
money received by the State as a result of actions brought by the Attorney
General pursuant to [former] §2517(c) Subchapter II of Chapter 25
of Title 29 [repealed] or pursuant to the state or federal antitrust
laws shall be credited by the State Treasurer to a fund to be known as the
"Consumer Protection Fund."
Section 3.Amend §527(b), Title 6 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:
(b)
The
Consumer Protection Fund will be a revolving fund and shall consist of funds
transferred to the revolving fund pursuant to actions brought pursuant to [former]
§2517(c) Subchapter II of Chapter 25 of Title 29 [repealed]
or an antitrust action, gifts or grants made to the revolving fund and funds
awarded to the State or any agency thereof for the recovery of costs and
attorney fees in a consumer fraud or an antitrust action; provided, however,
that to the extent that such costs constitute reimbursement for expenses
directly paid from constitutionally dedicated funds, such recoveries shall be
transferred to the constitutionally dedicated fund.
Section 4.Amend §527(c), Title 6 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:
(c)
Money
in the Consumer Protection Fund shall not exceed $300,000 in any fiscal year
and shall be used solely for the payment of expenses incurred by the Attorney
General in connection with its activities under [former] §2517(c) Subchapter
II of Chapter 25 of Title 29 [repealed], this chapter or the state
or federal antitrust laws. At the end of any fiscal year, if the balance in the
Consumer Protection Fund exceeds $300,000, the excess shall be withdrawn from
the Consumer Protection Fund and deposited in the General Fund.
Section 5.Amend §809, Title 6 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:
Violations of this subchapter shall
be within the scope of the enforcement duties and powers of the State Division
of Consumer Protection as described in §2517(c)(1) Subchapter II of
Chapter 25 of Title 29 [repealed].
Section 6.This Act takes effect upon its enactment into law.
SYNOPSIS
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There are no substantive changes to the law created by this Bill.This Bill constitutes a clarification of the effect of the consumer law changes in House Substitute 1 for House Bill No. 247, enacted in 2010.Several sections in Chapter 25 of Title 6 of the Delaware Code contained references to §2517 of Title 29, which was substantially modified by House Substitute 1 (moving the powers contained therein to several other sections).The Code Revisors designated §2517 of Title 29 as "repealed" because of the changes to the section.This Bill eliminates the reference to § 2517 of Title 29 and provides a more general reference to the location of the relocated powers as "Subchapter II of Chapter 25 of Title 29." |
