Bill Text: DE HB317 | 2009-2010 | 145th General Assembly | Draft

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Bill Title: An Act To Amend Title 6 Of The Delaware Code Relating To Home Solicitation And Door To Door Sales.

Spectrum: Slight Partisan Bill (Democrat 9-4)

Status: (Enrolled - Dead) 2010-06-29 - Amendment HA 6 - Introduced in House [HB317 Detail]

Download: Delaware-2009-HB317-Draft.html

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SPONSOR:	Rep. B. Short & Sen. Katz Reps. Brady, Carey, Carson, Q. Johnson, Kowalko, Lavelle, Miro, Mitchell, Oberle, Schooley, Viola

HOUSE OF REPRESENTATIVES

145th GENERAL ASSEMBLY

HOUSE BILL NO. 317

AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO HOME SOLICITATION AND DOOR TO DOOR SALES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend §4405, Title 6 of the Delaware Code by renumbering §4405 as §4407.

Section 2. Amend Title 6 of the Delaware Code by creating a new §4405 and §4406 to read as follows: "§4405.Door to Door Salesperson Identification Card.

"(a)Any seller who solicits a door to door sale, other than a seller soliciting on behalf of a non-profit organization, shall prominently display a door to door salesperson identification card obtained from the Department of Finance while soliciting a door to door sale.The door to door salesperson identification card shall be displayed on the seller in such a manner so that a potential buyer shall be able to view the door to door salesperson identification card during any transaction with the seller soliciting a door to door sale.

(b)The Department of Finance shall issue the door to door salesperson identification card.The Department of Finance may charge a reasonable fee to cover the administrative cost of issuing a door to door salesperson identification card.

(c)A door to door salesperson identification card shall contain and display the following information concerning a seller:

(1) name of seller;

(2)employer or business name;

(3) employer or business telephone number;

(4) employer or business address; and

(5)State of Delaware business license number of employer or business.

(d)This section does not apply to sales solicited and/or consummated via telephone.

(e)Whoever violates this section shall for the first offense be fined not less than $75 nor more than $150.For each subsequent like offense the person shall be fined not less than $100 nor more than $250.

§4406.Time of Solicitation.

Door to door sales shall only be solicited by a seller between the hours of 9 a.m. to 7 p.m.Whoever violates this section shall for the first offense be fined not less than $75 nor more than $150. For each subsequent like offense the person shall be fined not less than $100 nor more than $250.".

Section 3.This Act shall take effect 120 days after its enactment into law.

SYNOPSIS

This bill provides that any person who solicits door to door sale shall display a door to door salesperson identification card which shall include the person's name, employer, employer telephone number, employer address and State of Delaware business license number. This bill also provides that door to door sales shall only be solicited between the hours of 9 a.m. to 7 p.m.