Delaware House Bill 72 (Prior Session Legislation)

---

Spectrum: Moderate Partisan Bill (Democrat 8-2)
Status: Introduced on March 30 2011 - 25% progression, died in chamber
Action: 2011-04-13 - Amendment HA 1 - Introduced and Placed With Bill
Text: Latest bill text (Draft #1) [HTML]

The Delaware Debt Management Services Act was modeled after the uniform act developed by the National Council of Commissioners on Uniform Laws (NCCUSL). This Bill incorporates the 2008 changes for consistency with other states adopting the uniform act. Changes include a definition for a “certified debt specialist” and a provision for a temporary license when a criminal history has not yet been received. In addition, in 2010 the Federal Trade Commission made changes to the telemarketing act that prohibits the collecting of advance fees by debt settlement companies. This bill incorporates changes to the uniform act by NCCUSL so that the provisions are consistent with federal regulation and no advance fees can be collected. Regulation of trust accounts is broader. The changes also make fee caps consistent with the uniform act. Sections 6 and 14 incorporate the NCCUSL language in the insurance provisions. Sections 18 and 22 provide new disclosure language for debt settlement providers. The added disclosure informs individuals that not all creditors will agree to reduce the principal amount of the debt in a debt settlement plan. Section 55 clarifies that these administrative procedures were not superseded by the provisions in Chapter 25 of Title 29 and adds a provision for an appeal of an administrative decision on the record to the Superior Court.

An Act To Amend Title 6 Of The Delaware Code Relating To Debt Management Services.

Sen. Colin Bonini [R]	Rep. Gerald Brady [D]	Rep. Debra Heffernan [D]	Rep. Helene Keeley [D]
Sen. Robert Marshall [D]	Rep. John Mitchell [D]	Rep. Teresa Schooley [D]	Rep. Bryon Short [D]
Sen. Liane Sorenson [R]	Rep. John Viola [D]

Date	Chamber	Action
2011-04-13		Amendment HA 1 - Introduced and Placed With Bill
2011-03-30		Introduced and Assigned to Economic Development/Banking/Insurance/Commerce Committee in House

Type	Source
Summary	http://legis.delaware.gov/LIS/lis146.nsf/2bede841c6272c888025698400433a04/7bcee68384cf7b0385257855006f053e?OpenDocument
Text	http://legis.delaware.gov/LIS/lis146.nsf/vwLegislation/HB+72/$file/legis.html?open