BILLS TO WATCH House and Senate Bills you may wish to follow. January 30, 2024 As of March 22, 2024

Senate Bill 242
Introduced on: 3/15/24 



Primary Sponsor: Buckson 

Additional Sponsor(s): Rep. Ramone Co-Sponsor(s): Reps. Gray, Hilovsky 




AN ACT PROPOSING AN AMENDMENT TO § 9, ARTICLE II OF THE DELAWARE CONSTITUTION RELATING TO THE RULES OF THE PROCEEDINGS OF EACH HOUSE

This Act is the first leg of a constitutional amendment that imposes a filing deadline for the introduction of new bills. Specifically, this Act prohibits a bill from being introduced after the second Friday in June unless one of the following apply: (1) The bill is the annual budget act, one-time supplemental appropriations act, bond and capital improvement act, or grants-in-aid act. (2) The bill is introduced in a special session. (3) The bill is authorized to be introduced in the House of origin by a motion or resolution of the other House passed with the concurrence of three-fourths of all the members elected to the other House. The purpose of this Act is to prevent the last-minute introduction of legislation that is apt to circumvent the deliberative process required by § 911 of Title 29 of the Delaware Code and the Senate and House Rules. This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each House of the General Assembly to amend the Delaware Constitution. Amending the Delaware Constitution requires not only the passing of the changes in this Act, but also passage of the same changes after the next general election by the next General Assembly. A First Leg amendment must be approved by the next General Assembly to become part of the Constitution. A Second Leg amendment becomes part of the Constitution upon passage of both Chambers of the subsequent General Assembly.

 
 
Senate Bill 255
Introduced on: 3/21/24 



Primary Sponsor: Walsh 

Additional Sponsor(s): Sen. Townsend Reps. Osienski, K. Williams 

Co-Sponsor(s): Sen. Lockman, Sokola Rep. Morrison 




AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO LABOR. 

This Act does the following: (1) Provides that a prime general contractor is jointly and severally liable for a violation of the Wage Payment and Collection Act that is committed by a subcontractor, regardless of whether the subcontractor is in a direct contractual relationship with the prime general contractor. (2) Authorizes the Attorney General to bring an action to collect wages under the Wage Payment and Collection Act. (3) Provides that a prime general contractor is jointly or severally liable for a violation of the Delaware Contractor Registration Act by a subcontractor.

 
 
 
Senate Bill 248
Introduced on: 3/21/24 



Primary Sponsor: S. McBride 

Additional Sponsor(s): Rep. Harris Co-Sponsor(s): Sen. Sokola Reps. Baumbach, Neal, Osienski 




AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO FAMILY AND MEDICAL LEAVE INSURANCE PROGRAM. 

This Act clarifies that for purposes of the Family and Medical Leave Insurance Program, where an employee is co-employed by an employee leasing company or a professional employment organization, “employer” refers to the employer client of the employee leasing company or professional employment organization, and not to the employee leasing company or professional employment organization. This Act also defines “collective bargaining agreement” for purposes of the Family and Medical Leave Insurance Program and excludes from the definition of “employee” individuals who are covered by a collective bargaining agreement as a member of a labor organization, who receive employment benefits through the labor organization, and who, due to the nature of the industry in which they work, may never qualify as a covered individual under the Family and Medical Leave Insurance Program.

 
Senate Bill 256
Introduced on: 3/21/24 



Primary Sponsor:  Gay 

Additional Sponsor(s):  Rep. Griffith Co-Sponsor(s): Sen. Lockman, Sokola, Wilson 

Reps. Baumbach, Heffernan, Osienski 




AN ACT TO AMEND TITLES 6 AND 29 OF THE DELAWARE CODE RELATING TO CONSUMER PROTECTION. 

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. This Act also strikes outdated language in the Consumer Fraud Act requiring cases to be filed in specific counties, as the Superior Court and the Court of Chancery have both eliminated their historical county filing requirement. Additionally, this Act fixes inconsistencies with the Summary Cease and Desist Order process, by clarifying that an alleged violator must request a hearing in order to trigger the Division of Consumer Protection’s obligation to hold a hearing. This Act further clarifies the Summary Cease and Desist Order process, such as by making explicit the alleged violator’s right to postpone a hearing and final order, changing the various 10 day requirements to 15 business days, and removing the requirement for a complaint to accompany the original summary cease and desist order.