Fabio
76 lines
5.2 KiB
Markdown
76 lines
5.2 KiB
Markdown
---
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type: "Bill"
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title: "AN ACT TO AMEND TITLES 6 AND 29 OF THE DELAWARE CODE RELATING TO CONSUMER PROTECTION."
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description: "This Act clarifies the Attorney General’s existing authority to enforce the State’s consumer protection laws, specifically the Attorney General’s ability to pursue non-penalty civil remedies, such as damages and restitution, without having to show that a person’s violation of a law or regulation enforced by the Department of Justice’s 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 Protection’s enabling statute (Subchapter II, Chapter 25, Title 29 of the Code), this Act clarifies that Delaware is line with the other states."
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jurisdiction: "us/states/de"
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legislature: "Delaware General Assembly"
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session: "152"
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identifier: "SB 256"
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citation: "Delaware SB 256 (152)"
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classification: ["bill"]
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subjects: []
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status: "enacted"
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primary_sponsors: ["David L. Wilson", "David P. Sokola", "Edward S. Osienski", "Kyle Evans Gay", "Nicole Poore", "Paul S. Baumbach", "Russell Huxtable", "S. Elizabeth Lockman", "William Bush"]
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version_count: 2
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action_count: 9
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vote_count: 2
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first_action: "2024-03-21"
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last_action: "2024-09-26"
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source: "openstates"
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source_identifier: "ocd-bill/47b0d4e5-9d93-4750-a297-43ab85a0adf7"
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source_url: "https://legis.delaware.gov/BillDetail?LegislationId=141127"
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source_hash: "5e12be2ea4c04c8aef304f181d6f8b45c5834afff929302f793c9cc2f619ec26"
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vintage: "2026-07-01"
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source_snapshot: "https://data.openstates.org/daily/2026-07-01/public.pgdump"
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retrieved_at: "2026-07-06"
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confidence: "reported"
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tags: ["legislation", "bill", "us-de"]
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---
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# Delaware SB 256 (152) — AN ACT TO AMEND TITLES 6 AND 29 OF THE DELAWARE CODE RELATING TO CONSUMER PROTECTION.
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This Act clarifies the Attorney General’s existing authority to enforce the State’s consumer protection laws, specifically the Attorney General’s ability to pursue non-penalty civil remedies, such as damages and restitution, without having to show that a person’s violation of a law or regulation enforced by the Department of Justice’s 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 Protection’s enabling statute (Subchapter II, Chapter 25, Title 29 of the Code), this Act clarifies that Delaware is line with the other states.
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## Version chain
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The bill's text revisions, in order — the diff chain from filing to enrollment.
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1. **Bill Text** (committee substitute) — [source](https://legis.delaware.gov/json/BillDetail/GenerateHtmlDocument?legislationId=141127&legislationTypeId=1&docTypeId=2&legislationName=SB256)
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2. **SA 1 to SB 256** (committee substitute) — [source](http://legis.delaware.gov/json/BillDetail/GeneratePdfDocument?legislationId=141552&legislationTypeId=5&docTypeId=2)
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## Votes
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- SM — **21–0** (pass) · upper
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- SM — **37–0** (pass) · lower
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## Sponsors
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- David L. Wilson — primary (person)
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- David P. Sokola — primary (person)
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- Edward S. Osienski — primary (person)
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- Kyle Evans Gay — primary (person)
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- Nicole Poore — primary (person)
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- Paul S. Baumbach — primary (person)
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- Russell Huxtable — primary (person)
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- S. Elizabeth Lockman — primary (person)
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- William Bush — primary (person)
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## Timeline
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The legislative action history — every referral, reading, and vote.
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- **2024-03-21** Introduced and Assigned to Judiciary Committee in Senate `introduction, referral-committee`
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- **2024-04-17** Reported Out of Committee (Judiciary) in Senate with 4 Favorable, 1 On Its Merits `committee-passage, committee-passage-favorable`
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- **2024-06-11** Amendment SA 1 to SB 256 - Introduced and Placed With Bill `amendment-introduction`
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- **2024-06-11** Amendment SA 1 to SB 256 - Passed By Senate. Votes: 21 YES `amendment-passage`
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- **2024-06-11** Passed By Senate. Votes: 21 YES `passage`
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- **2024-06-12** Assigned to Economic Development/Banking/Insurance & Commerce Committee in House `introduction, referral-committee`
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- **2024-06-18** Reported Out of Committee (Economic Development/Banking/Insurance & Commerce) in House with 7 On Its Merits `committee-passage`
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- **2024-06-26** Passed By House. Votes: 37 YES 4 ABSENT `passage`
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- **2024-09-26** Signed by Governor `executive-signature`
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## Source
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OpenStates / OpenCivicData bulk snapshot [2026-07-01](https://data.openstates.org/daily/2026-07-01/public.pgdump); origin `ocd-bill/47b0d4e5-9d93-4750-a297-43ab85a0adf7`. Confidence: reported (aggregated from official Delaware legislature records).
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