HB 209 — AN ACT TO AMEND TITLES 6 AND 21 OF THE DELAWARE CODE RELATING TO RENTAL CAR COMPANIES AND PEER-TO-PEER CAR SHARING.
Last action — Signed by Governor
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced June 08, 2023. Enacted.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
Upgrade to see the exact probability and what's driving it.
A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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5 sponsors
5 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (3 D).
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Cleared a recorded vote
Passed 3 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Summary
This Act prohibits rental companies, shared vehicle owners, and peer-to-peer car sharing programs from recovering damages and charging administrative fees relating to the loss of use of a rental vehicle or shared vehicle. This Act abrogates the common law of loss of use to the extent that it applies to shared vehicle owners, peer-to-peer car sharing programs, and rental car companies and supersedes any other statute to the extent of a conflict.
Bill Text
What changed in the latest version
39 added · 10 removed39 line(s) added, 10 removed.
RamoneLambert HOUSE& OFRep. REPRESENTATIVES 152nd GENERAL ASSEMBLY HOUSE AMENDMENT NO.
1Longhurst TO& HOUSERep. BILL NO.
209Dorsey AMENDWalker House& BillSen. No 209 by deleting line 25 and inserting in lieu thereof the following:
“SectionPoore 3.Rep.
ThisMorrison ActHOUSE shallOF beREPRESENTATIVES effective152nd forGENERAL contractsASSEMBLY enteredHOUSE into,BILL renewed,NO. or extended on or after August 1 following its enactment into law.”.
SYNOPSIS209 ToAN avoidACT interferingTO withAMEND existingTITLES contracts,6 thisAND amendment21 changesOF theTHE effectiveDELAWARE dateCODE toRELATING beTO effectiveRENTAL forCAR contractsCOMPANIES enteredAND into,PEER-TO-PEER renewed,CAR orSHARING. extended on or after August 1 following its enactment into law.
HRBE :IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
RDSSection :1.
AFJAmend PagePart 1Subtitle II, Title 6 of 1the Released:Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
06/27/2023Chapter 02:4249B. PM 0801520158
RENTAL CAR COMPANIES.
§ 4901B.
Definitions For the purposes of this chapter:
(1) “Loss of use” means the deprivation of the use of a person’s vehicle during the period reasonably required to make repairs or replace the vehicle.
(2) “Rental agreement” means as defined in § 2002 of Title 18.
(3) “Rental company” means as defined in § 2002 of Title 18.
(4) “Rental vehicle” means as defined in § 2002 of Title 18.
§ 4902B.
Loss of use damages prohibited.
(a) Notwithstanding any other provision of law to the contrary, rental companies may not recover damages or charge administrative fees relating to the loss of use of a rental vehicle.
(b) Any rental agreement or other contract inconsistent with the provisions of this section shall be deemed void as against public policy.
Section 2.
Amend Chapter 86, Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 8614.
Loss of use damages prohibited.
(a) For the purposes of this section, “loss of use” means the deprivation of the use of a person’s vehicle during the period reasonably required to make repairs or replace the vehicle.
(b) Notwithstanding any other provision of law to the contrary, shared vehicle owners and peer-to-peer car sharing programs may not recover damages or charge administrative fees relating to the loss of use of a shared vehicle.
HD :
LTK :
MAW Page 1 of 2 Released:
06/08/2023 11:39 AM (c) Any car sharing program agreement or other contract inconsistent with the provisions of this section shall be deemed void as against public policy.
Section 3.
This Act shall take effect on August 1 following its enactment into law.
SYNOPSIS This Act prohibits rental companies, shared vehicle owners, and peer-to-peer car sharing programs from recovering damages and charging administrative fees relating to the loss of use of a rental vehicle or shared vehicle.
This Act abrogates the common law of loss of use to the extent that it applies to shared vehicle owners, peer-to-peer car sharing programs, and rental car companies and supersedes any other statute to the extent of a conflict.
HD :
LTK :
MAW Page 2 of 2 Released:
06/08/2023 11:39 AM 3491520055
Action History
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Signed by Governor
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Passed By House. Votes: 22 YES 14 NO 5 ABSENT
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Amendment HA 2 to HB 209 - Defeated In House by Voice Vote
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Amendment HA 2 to HB 209 - Introduced and Placed With Bill
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Passed By Senate. Votes: 12 YES 8 NO 1 ABSENT
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Amendment SA 3 to HB 209 - Passed By Senate. Votes: 12 YES 8 NO 1 ABSENT
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Amendment SA 2 to HB 209 - Defeated By Senate. Votes: 8 YES 13 NO
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Amendment SA 3 to HB 209 - Introduced and Placed With Bill
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Amendment SA 1 to HB 209 - Stricken in Senate
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Amendment SA 2 to HB 209 - Introduced and Placed With Bill
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Amendment SA 1 to HB 209 - Introduced and Placed With Bill
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Reported Out of Committee (Environment, Energy & Transportation) in Senate with 5 On Its Merits
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Assigned to Environment, Energy & Transportation Committee in Senate
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Passed By House. Votes: 27 YES 11 NO 1 NOT VOTING 2 ABSENT
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Amendment HA 1 to HB 209 - Passed In House by Voice Vote
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Reported Out of Committee (Revenue & Finance) in House with 2 Favorable, 2 On Its Merits, 2 Unfavorable
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Assigned to Revenue & Finance Committee in House
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Introduced and Assigned to Transportation Committee in House
Sponsors
- Eric Morrison · Primary
- Nicole Poore · Primary
- Larry Lambert · Primary
- Valerie Longhurst · Primary
- Sherry Dorsey Walker · Primary
Sponsorship breakdown
Export CSV (upgrade) →5 sponsors · 0 co-sponsors · 57 not signed on · 24 voted No
Sponsors (5)
- Eric Morrison Democratic
- Nicole Poore Democratic
- Larry Lambert Democratic
- Valerie Longhurst
- Sherry Dorsey Walker
Co-sponsors (0)
None.
Not signed on (57)
57 members have not signed on to this bill.
Show all 57 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 5 | 1 | 0 | 1 |
| Democratic | 17 | 0 | 0 | 3 |
| Republican | 0 | 13 | 0 | 1 |
| Total | 22 | 14 | 0 | 5 |
| % of votes cast | 54% | 34% | 0% | 12% |
How each member voted (41)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 10 | 3 | 0 | 0 |
| Republican | 0 | 5 | 0 | 1 |
| Unaffiliated | 2 | 0 | 0 | 0 |
| Total | 12 | 8 | 0 | 1 |
| % of votes cast | 57% | 38% | 0% | 5% |
How each member voted (21)
| Member | Party | Vote |
|---|---|---|
| Kyle Evans Gay | — | Yea |
| Sarah McBride | — | Yea |
| Bryan Townsend | Democratic | Yea |
| Darius J. Brown | Democratic | Nay |
| David P. Sokola | Democratic | Yea |
| John "Jack" Walsh | Democratic | Yea |
| Kyra L. Hoffner | Democratic | Yea |
| Laura V. Sturgeon | Democratic | Yea |
| Marie Pinkney | Democratic | Yea |
| Nicole Poore | Democratic | Yea |
| Russell Huxtable | Democratic | Nay |
| S. Elizabeth Lockman | Democratic | Yea |
| Spiros Mantzavinos | Democratic | Yea |
| Stephanie L. Hansen | Democratic | Yea |
| Trey Paradee | Democratic | Nay |
| Brian Pettyjohn | Republican | Nay |
| Bryant L. Richardson | Republican | Nay |
| Dave G. Lawson | Republican | Nay |
| David L. Wilson | Republican | Nay |
| Eric Buckson | Republican | Not Voting |
| Gerald W. Hocker | Republican | Nay |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 6 | 1 | 0 | 1 |
| Democratic | 20 | 0 | 0 | 0 |
| Republican | 1 | 10 | 0 | 2 |
| Total | 27 | 11 | 0 | 3 |
| % of votes cast | 66% | 27% | 0% | 7% |
How each member voted (41)
Subjects
Frequently asked questions
- What does HB 209 do?
- This Act prohibits rental companies, shared vehicle owners, and peer-to-peer car sharing programs from recovering damages and charging administrative fees relating to the loss of use of a rental vehicle or shared vehicle. This Act abrogates the common law of loss of use to the extent that it applies to shared vehicle owners, peer-to-peer car sharing programs, and rental car companies and supersedes any other statute to the extent of a conflict.
- Who sponsors HB 209?
- HB 209 is sponsored by Eric Morrison (Democratic), Nicole Poore (Democratic), Larry Lambert (Democratic), Valerie Longhurst, and Sherry Dorsey Walker.
- What is the current status of HB 209?
- This bill has been enacted into law. Introduced June 08, 2023. Enacted.
- Where can I track HB 209?
- Track HB 209 free on One Click Politics — get push/email alerts when it moves.
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