Delaware 152nd General Assembly (2023-2024) Status: Enacted 3 D cosponsors

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

  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 June 08, 2023. Enacted.

Odds of enactment

High chance

Based 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

Likely to advance 80% · moderate confidence
  • Enacted

    Current position in the legislative process.

  • 5 sponsors

    5 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (3 D).

  • 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 removed

39 line(s) added, 10 removed.

→
Previous
Latest
Ramone HOUSE OF REPRESENTATIVES 152nd GENERAL ASSEMBLY HOUSE AMENDMENT NO.
Lambert & Rep.
1 TO HOUSE BILL NO.
Longhurst & Rep.
209 AMEND House Bill No 209 by deleting line 25 and inserting in lieu thereof the following:
Dorsey Walker & Sen.
“Section 3.
Poore Rep.
This Act shall be effective for contracts entered into, renewed, or extended on or after August 1 following its enactment into law.”.
Morrison HOUSE OF REPRESENTATIVES 152nd GENERAL ASSEMBLY HOUSE BILL NO.
SYNOPSIS To avoid interfering with existing contracts, this amendment changes the effective date to be effective for contracts entered into, renewed, or extended on or after August 1 following its enactment into law.
209 AN ACT TO AMEND TITLES 6 AND 21 OF THE DELAWARE CODE RELATING TO RENTAL CAR COMPANIES AND PEER-TO-PEER CAR SHARING.
HR :
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
RDS :
Section 1.
AFJ Page 1 of 1 Released:
Amend Part Subtitle II, Title 6 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
06/27/2023 02:42 PM 0801520158
Chapter 49B.
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
View plain text versions (3)

Action History

  1. Signed by Governor

  2. Passed By House. Votes: 22 YES 14 NO 5 ABSENT

  3. Amendment HA 2 to HB 209 - Defeated In House by Voice Vote

  4. Amendment HA 2 to HB 209 - Introduced and Placed With Bill

  5. Passed By Senate. Votes: 12 YES 8 NO 1 ABSENT

  6. Amendment SA 3 to HB 209 - Passed By Senate. Votes: 12 YES 8 NO 1 ABSENT

  7. Amendment SA 2 to HB 209 - Defeated By Senate. Votes: 8 YES 13 NO

  8. Amendment SA 3 to HB 209 - Introduced and Placed With Bill

  9. Amendment SA 1 to HB 209 - Stricken in Senate

  10. Amendment SA 2 to HB 209 - Introduced and Placed With Bill

  11. Amendment SA 1 to HB 209 - Introduced and Placed With Bill

  12. Reported Out of Committee (Environment, Energy & Transportation) in Senate with 5 On Its Merits

  13. Assigned to Environment, Energy & Transportation Committee in Senate

  14. Passed By House. Votes: 27 YES 11 NO 1 NOT VOTING 2 ABSENT

  15. Amendment HA 1 to HB 209 - Passed In House by Voice Vote

  16. Reported Out of Committee (Revenue & Finance) in House with 2 Favorable, 2 On Its Merits, 2 Unfavorable

  17. Assigned to Revenue & Finance Committee in House

  18. Introduced and Assigned to Transportation Committee in House

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

5 sponsors · 0 co-sponsors · 57 not signed on · 24 voted No

Sponsors (5)

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.

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 22 Yea · 14 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 5101
Democratic 17003
Republican 01301
Total 221405
% of votes cast 54%34%0%12%
How each member voted (41)
Member Party Vote
Michael Ramone — Nay
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Sean Matthews — Not Voting
Sherry Dorsey Walker — Yea
Stell Parker Selby — Yea
Valerie Longhurst — Yea
Cyndie Romer Democratic Yea
DeShanna U Neal Democratic Yea
Debra Heffernan Democratic Not Voting
Edward S. Osienski Democratic Yea
Eric Morrison Democratic Yea
Franklin D. Cooke Democratic Yea
Kendra Johnson Democratic Not Voting
Kerri Evelyn Harris Democratic Yea
Kimberly Williams Democratic Yea
Krista Griffith Democratic Yea
Larry Lambert Democratic Yea
Madinah Wilson-Anton Democratic Yea
Melissa Minor-Brown Democratic Yea
Nnamdi O. Chukwuocha Democratic Yea
Sean M. Lynn Democratic Yea
Sherae'a Moore Democratic Not Voting
Sophie Phillips Democratic Yea
Stephanie T. Bolden Democratic Yea
William Bush Democratic Yea
William J. Carson Democratic Yea
Bryan W. Shupe Republican Nay
Charles S Postles Jr. Republican Nay
Daniel B. Short Republican Nay
Jeff Hilovsky 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 Not Voting
Richard G. Collins Republican Nay
Ronald E. Gray Republican Nay
Shannon Morris Republican Nay
Timothy D. Dukes Republican Nay
Valerie Jones Giltner Republican Nay

Official roll call →

SM

Passed 12 Yea · 8 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 10300
Republican 0501
Unaffiliated 2000
Total 12801
% 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

Official roll call →

SM

Passed 27 Yea · 11 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 6101
Democratic 20000
Republican 11002
Total 271103
% of votes cast 66%27%0%7%
How each member voted (41)
Member Party Vote
Michael Ramone — Not Voting
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Ruth Briggs King — Nay
Sean Matthews — Yea
Sherry Dorsey Walker — Yea
Stell Parker Selby — Yea
Valerie Longhurst — Yea
Cyndie Romer Democratic Yea
DeShanna U Neal Democratic Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Eric Morrison Democratic Yea
Franklin D. Cooke Democratic Yea
Kendra Johnson Democratic Yea
Kerri Evelyn Harris Democratic Yea
Kimberly Williams Democratic Yea
Krista Griffith Democratic Yea
Larry Lambert Democratic Yea
Madinah Wilson-Anton Democratic Yea
Melissa Minor-Brown Democratic Yea
Nnamdi O. Chukwuocha Democratic Yea
Sean M. Lynn Democratic Yea
Sherae'a Moore Democratic Yea
Sophie Phillips Democratic Yea
Stephanie T. Bolden Democratic Yea
William Bush Democratic Yea
William J. Carson Democratic Yea
Bryan W. Shupe Republican Not Voting
Charles S Postles Jr. Republican Nay
Daniel B. Short Republican Nay
Jeff Hilovsky Republican Nay
Jeffrey N. Spiegelman Republican Nay
Jesse R. Vanderwende Republican Nay
Kevin S Hensley Republican Not Voting
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 Yea

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

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.

Make your voice heard on HB 209

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Stay ahead of HB 209

Last checked for changes 2 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →