Delaware 150th General Assembly (2019-2020) Status: Enacted 2 D cosponsors

HB 46 — AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO A DELAWARE MANUFACTURED HOME OWNER ATTORNEY FUND.

Last action — Signed by Governor

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 23, 2019. Enacted.

Prognosis

Likely to advance 82% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 6 sponsors

    3 primary, 3 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 D).

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

This Act creates a Delaware Manufactured Home Owner Attorney Fund ("Attorney Fund") by collecting a $0.50 monthly assessment per lot from manufactured home owners who rent a lot in a community governed by the Manufactured Home Owners and Community Owners Act. The Attorney Fund will be administered by the Department of Justice to contract with an attorney or agency who will provide legal representation and advocacy for manufactured home owners enforcing existing rights in disputes with community owners. This Act does all of the following: 1. Clarifies that tenants and landlords continue to each pay half of the monthly assessment, currently $5.00, which is deposited in the Delaware Manufactured Home Relocation Trust Fund. 2. Directs $0.50 of each tenant’s portion of the monthly assessment to the Attorney Fund. 3. Reduces the obligation of the landlord by $0.50 for each rented lot. This Act is drafted so that if both this Act and House Bill No. 45 are enacted in 2019, the changes made by this Act will be incorporated into the revisions to Chapter 70 of Title 25 made by House Bill No. 45. Sections 1 and 2 make the same technical corrections as House Bill No. 45 and Sections 1 and 3 make additional technical corrections, to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Bill Text

What changed in the latest version

25 added · 25 removed

25 line(s) added, 25 removed.

→
Previous
Latest
Rep.
Sen.
Kowalko HOUSE OF REPRESENTATIVES 150th GENERAL ASSEMBLY HOUSE AMENDMENT NO.
Ennis DELAWARE STATE SENATE 150th GENERAL ASSEMBLY SENATE AMENDMENT NO.
4 TO HOUSE BILL NO.
2 TO HOUSE BILL NO.
46 on by inserting after line 111 and before line 112 the following:
46 by deleting line 108 in its entirety and inserting in lieu thereof the following:
(d) The Department of Justice shall file an annual report with the General Assembly October 1 of each year that shall provide all of the following information as of the end of the prior fiscal year:
“(8) Challenging a rent increase under Subchapter III of this chapter, if all of the following apply:
(1) The amount in the Attorney Fund.
a.
(2) The amount that was spent in the previous year.
The proposed rent increase is 3% or higher plus the CPI-U as defined in § 7042 of this title.
(3) The number of cases the contracted attorney worked on in the previous year.
b.
(4) The number of manufactured home owners who were represented by the contracted attorney in the previous year.
The challenge is requested by either of the following:
1.
The homeowners association that represents 25% or more of the homeowners.
2.
A simple majority or more of the homeowners who received notice of the proposed rent increase under § 7043 of this title, calculated based on 1 vote for each home that received notice.”.
46 on by inserting after line 183 and before line 184 the following:
46 by deleting line 180 in its entirety and inserting in lieu thereof the following:
(d) The Department of Justice shall file an annual report with the General Assembly October 1 of each year that shall provide all of the following information as of the end of the prior fiscal year:
“(8) Challenging a rent increase under Subchapter III of this chapter, if all of the following apply:
(1) The amount in the Attorney Fund.
a.
(2) The amount that was spent in the previous year.
The proposed rent increase is 3% or higher plus the CPI-U as defined in § 7052 of this title..
(3) The number of cases the contracted attorney worked on in the previous year.
b.
(4) The number of manufactured home owners who were represented by the contracted attorney in the previous year.
The challenge is requested by either of the following:
SYNOPSIS This amendment requires the Department of Justice to provide to the General Assembly an annual report each October 1 that sets out the amount in the Attorney Fund, the amount that was spent in the previous year, the number of cases the attorney worked on and the number of home owners who were represented by the attorney.
1.
This will inform the General Assembly on the effectiveness of the Delaware Manufactured Home Owner Attorney Fund.
The homeowners association that represents 25% or more of the homeowners.
HD :
2.
NSW :
A simple majority or more of the homeowners who received notice of the proposed rent increase under § 7043 of this title, calculated based on 1 vote for each home that received notice.”.
MAW Page 1 of 1 Released:
SYNOPSIS This Amendment allows an attorney funded by the Delaware Manufactured Home Owner Attorney Fund to represent manufactured homeowners in challenges to rent increases if the proposed rent increase is 3% or higher plus the CPI-U and either the homeowners association or a majority of the homeowners affected by the increase support the challenge.
03/14/2019 04:46 PM 2141500049
Author:
Senator Ennis LC :
DIG :
CM Page 1 of 1 Released:
05/09/2019 03:13 PM 5971500145
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View plain text versions (4)

Action History

  1. Signed by Governor

  2. Passed By House. Votes: 39 YES 1 ABSENT

  3. Passed By Senate. Votes: 20 YES 1 NOT VOTING

  4. Amendment SA 1 to HB 46 - Stricken in Senate

  5. Amendment SA 2 to HB 46 - Passed By Senate. Votes: 19 YES 2 NOT VOTING

  6. Lifted From Table in Senate

  7. Laid On Table in Senate

  8. Reported Out of Committee (Elections, Govt. & Community Affairs) in Senate with 2 Favorable, 2 On Its Merits

  9. Assigned to Elections, Govt. & Community Affairs Committee in Senate

  10. Passed By House. Votes: 23 YES 15 NO 2 NOT VOTING

  11. Amendment HA 4 to HB 46 - Passed In House by Voice Vote

  12. Amendment HA 3 to HB 46 - Defeated In House by Voice Vote

  13. Amendment HA 2 to HB 46 - Passed In House by Voice Vote

  14. Amendment HA 1 to HB 46 - Defeated In House by Voice Vote

  15. Amendment HA 2 to HB 46 - Introduced and Placed With Bill

  16. Reported Out of Committee (Manufactured Housing) in House with 4 Favorable

  17. Amendment HA 1 to HB 46 - Introduced and Placed With Bill

  18. Introduced and Assigned to Manufactured Housing Committee in House

Sponsors

Sponsorship breakdown

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3 sponsors · 3 co-sponsors · 56 not signed on · 15 voted No

Sponsors (3)

Co-sponsors (3)

Not signed on (56)

56 members have not signed on to this bill.

Show all 56 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

SM

Passed 39 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 15002
Democratic 12000
Republican 12000
Total 39002
% of votes cast 95%0%0%5%
How each member voted (41)
Member Party Vote
Andria L. Bennett — Yea
David Bentz — Yea
Earl G. Jaques Jr. — Yea
Gerald L. Brady — Yea
John A. Kowalko — Yea
John J. Viola — Yea
John L. Mitchell — Yea
Michael Ramone — Not Voting
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Quinton Johnson — Not Voting
Raymond Seigfried — Yea
Ruth Briggs King — Yea
Sean Matthews — Yea
Sherry Dorsey Walker — Yea
Stephen Smyk — Yea
Valerie Longhurst — Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Franklin D. Cooke Democratic Yea
Kendra Johnson Democratic Yea
Kimberly Williams Democratic Yea
Krista Griffith Democratic Yea
Melissa Minor-Brown Democratic Yea
Nnamdi O. Chukwuocha Democratic Yea
Sean M. Lynn Democratic Yea
Stephanie T. Bolden Democratic Yea
William Bush Democratic Yea
William J. Carson Democratic Yea
Bryan W. Shupe Republican Yea
Charles S Postles Jr. Republican Yea
Daniel B. Short Republican Yea
Jeffrey N. Spiegelman Republican Yea
Jesse R. Vanderwende Republican Yea
Kevin S Hensley Republican Yea
Lyndon D. Yearick Republican Yea
Michael F. Smith Republican Yea
Richard G. Collins Republican Yea
Ronald E. Gray Republican Yea
Shannon Morris Republican Yea
Timothy D. Dukes Republican Yea

Official roll call →

SM

Passed 20 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 7000
Democratic 9000
Republican 4001
Total 20001
% of votes cast 95%0%0%5%
How each member voted (21)
Member Party Vote
Anthony Delcollo — Yea
Bruce C. Ennis — Yea
Catherine Cloutier — Yea
Colin Bonini — Yea
David B. McBride — Yea
Ernesto B Lopez — Yea
Harris B. McDowell — Yea
Bryan Townsend Democratic Yea
Darius J. Brown Democratic Yea
David P. Sokola Democratic Yea
John "Jack" Walsh Democratic Yea
Laura V. Sturgeon Democratic Yea
Nicole Poore Democratic Yea
S. Elizabeth Lockman Democratic Yea
Stephanie L. Hansen Democratic Yea
Trey Paradee Democratic Yea
Brian Pettyjohn Republican Yea
Bryant L. Richardson Republican Yea
Dave G. Lawson Republican Yea
David L. Wilson Republican Yea
Gerald W. Hocker Republican Not Voting

Official roll call →

SM

Passed 23 Yea · 15 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 12203
Democratic 11100
Republican 01200
Total 231503
% of votes cast 56%37%0%7%
How each member voted (41)
Member Party Vote
Andria L. Bennett — Not Voting
David Bentz — Yea
Earl G. Jaques Jr. — Yea
Gerald L. Brady — Not Voting
John A. Kowalko — Yea
John J. Viola — Yea
John L. Mitchell — Yea
Michael Ramone — Not Voting
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Quinton Johnson — Yea
Raymond Seigfried — Yea
Ruth Briggs King — Nay
Sean Matthews — Yea
Sherry Dorsey Walker — Yea
Stephen Smyk — Nay
Valerie Longhurst — Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Franklin D. Cooke Democratic Yea
Kendra Johnson Democratic Yea
Kimberly Williams Democratic Yea
Krista Griffith Democratic Yea
Melissa Minor-Brown Democratic Yea
Nnamdi O. Chukwuocha Democratic Yea
Sean M. Lynn Democratic Yea
Stephanie T. Bolden Democratic Yea
William Bush Democratic Nay
William J. Carson Democratic Yea
Bryan W. Shupe Republican Nay
Charles S Postles Jr. Republican Nay
Daniel B. Short Republican Nay
Jeffrey N. Spiegelman Republican Nay
Jesse R. Vanderwende Republican Nay
Kevin S Hensley Republican Nay
Lyndon D. Yearick Republican Nay
Michael F. Smith Republican Nay
Richard G. Collins Republican Nay
Ronald E. Gray Republican Nay
Shannon Morris Republican Nay
Timothy D. Dukes Republican Nay

Official roll call →

Subjects

housing labor
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Frequently asked questions

What does HB 46 do?
This Act creates a Delaware Manufactured Home Owner Attorney Fund ("Attorney Fund") by collecting a $0.50 monthly assessment per lot from manufactured home owners who rent a lot in a community governed by the Manufactured Home Owners and Community Owners Act. The Attorney Fund will be administered by the Department of Justice to contract with an attorney or agency who will provide legal representation and advocacy for manufactured home owners enforcing existing rights in disputes with community owners. This Act does all of the following: 1. Clarifies that tenants and landlords continue to each pay half of the monthly assessment, currently $5.00, which is deposited in the Delaware Manufactured Home Relocation Trust Fund. 2. Directs $0.50 of each tenant’s portion of the monthly assessment to the Attorney Fund. 3. Reduces the obligation of the landlord by $0.50 for each rented lot. This Act is drafted so that if both this Act and House Bill No. 45 are enacted in 2019, the changes made by this Act will be incorporated into the revisions to Chapter 70 of Title 25 made by House Bill No. 45. Sections 1 and 2 make the same technical corrections as House Bill No. 45 and Sections 1 and 3 make additional technical corrections, to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Who sponsors HB 46?
HB 46 is sponsored by William J. Carson (Democratic), John "Jack" Walsh, Kimberly Williams (Democratic), Paul S. Baumbach, John A. Kowalko, and Bruce C. Ennis.
What is the current status of HB 46?
This bill has been enacted into law. Introduced January 23, 2019. Enacted.
Where can I track HB 46?
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