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in committee · Delaware · Senate Apr 24, 2024

SB 255: 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.
Ed Osienski (D) Dave Sokola (D) Jack Walsh (D) Brian Pettyjohn (R) Eric Morrison (D)
in committee · Delaware · House Apr 24, 2024

HB 296: AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO PREVAILING WAGE.

This Act grants school districts and charter schools the ability to decide if they want to pay prevailing wage for school construction projects. This Act is in response to rising school construction costs. Between Fiscal Year 2023 and Fiscal Year 2024 school districts and charter schools stated they experienced $260,163,873 in market pressure inflation and asked the State to support a share of that, specifically $175,331,704. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Dave Wilson (R) Frank Cooke (D) Bryan Shupe (R) Shannon Morris (R) Stell Selby (D)
passed both · Delaware · House Apr 24, 2024

HCR 117: RECOGNIZING APRIL 21-27, 2024, AS "CRIME VICTIMS' RIGHTS WEEK" IN THE STATE OF DELAWARE.

This Concurrent Resolution recognizes April 21-27, 2024, as "Crime Victims' Rights Week" in the State of Delaware. The following websites provide more information on Crime Victims' Rights Week and the resources available to victims and survivors of crime: Delaware Coalition Against Domestic Violence, at https://dcadv.org Delaware Victims' Rights Task Force, at https://delawarevictimservices.org.
Ed Osienski (D) Dave Wilson (R) Frank Cooke (D) Dave Sokola (D) Kim Williams (D)
in committee · Delaware · Senate Apr 24, 2024

SB 271: AN ACT TO AMEND TITLES 6 AND 21 OF THE DELAWARE CODE RELATING TO COMMERCE AND TRADE.

This Act clarifies portions of Chapter 49 of Title 6 and Chapter 63 of Title 21 of the Delaware Code pertaining to motor vehicle dealers. These additions and modifications are intended to further improve our State’s franchise laws and ensure that Delaware consumers have a stable, reliable, convenient, and competitive retail network for automobile sales and service. This Act is an effort to continue to ensure that the relationship between dealers and the manufacturers and distributors is as fair and equitable as possible and provides the highest level of consumer protection. The Act includes the following provisions: Definition Clarifications. The Act clarifies the definitions of “motor vehicle”, “new motor vehicle” and “dealer” to reflect technological advances and changes in industry business practices in the state. The Act also recognizes the limited circumstances issuance of a dealer license to a direct-selling electric motor vehicle manufacturer in 2023. Further, the Act defines motor vehicle selling activities that require licensing and regulation by the state. Fair Compensation for Required Repairs. Dealers are required by contract to perform warranty work for manufacturers. The Act ensures that dealers are fairly paid for performing manufacturer-directed repairs related to warranty repairs, maintenance programs and recall work. Intrusive Audits. Dealers are required by existing law to wait up to 30 days for payment for motor vehicle warranty repairs in order to allow the manufacturer to review and approve payment submissions. Manufacturers are also allowed to later audit such repairs and payments. The Act affords manufacturers a full 6 months to audit warranty claims but will reasonably prevent intrusive and time-consuming audits after 180 days, unless the audit involves cases of alleged fraud. Franchise Termination Compensation. Under existing law, manufacturers must repurchase certain motor vehicles, parts and special tools in the event of the termination of the dealer’s franchise agreement. The Act specifies a 90-day timeframe for payment and clarifies that it is the manufacturer’s responsibility to cover the cost of returns. Return of Unnecessary Tools & Equipment. The Act allows a dealer a limited opportunity to return and be reimbursed for the cost of certain tools and equipment that were required as a part of an electric vehicle program or agreement between that dealer and the manufacturer, if the dealer determines within two years after receipt that such tools and equipment are unnecessary or that sales volume and utilization are low enough to prevent the dealer from realizing a reasonable return on those forced investments. Sale & Subscription of Over-the-Air Features. The Act allows manufacturers to directly sell options, add-ons, features, improvements and upgrades by remote transmission to consumers, provided that the dealers are afforded an equal opportunity to sell the same products and services, and further provided that the manufacturer reasonably compensates the dealer for direct sales or subscriptions to the dealer’s customers for a specified period of time. Association Standing. Franchise laws have been enacted in all 50 states to recognize compelling state interests in protecting consumers and in regulating the disparity in bargaining power between motor vehicle manufacturers and their franchised dealers. Since dealers have a single source for their new motor vehicles, parts and accessories, many are reluctant to raise a single voice to object to unlawful activity by their manufacturer. The Act grants statutory standing to a large association of dealers to bring a legal action, in very limited circumstances, to ensure compliance with applicable law. Licensing. The Act provides that a manufacturer or distributor who was licensed as a motor vehicle dealer on or before May 15, 2023 is not eligible to receive any additional licenses. The Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. The Act is supported by the Delaware Automobile and Truck Dealers’ Association, Inc.
Ed Osienski (D) Dave Wilson (R) Frank Cooke (D) Pete Schwartzkopf (D) Dave Sokola (D)
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