House Bill #59

This bill will both make banks more cautious about mortgage lending and create another non-accountable bureaucracy to torment citizens with.

Synopsis:

AN ACT TO AMEND CHAPTER 25, TITLE 29 OF THE DELAWARE CODE RELATING TO CONSUMER PROTECTION.

This bill provides for an Office within the Division of Consumer Protection to identify mortgage foreclosure fraud, to reduce foreclosure, and to promote financial literacy.

In addition, the Office will receive calls from borrowers in default and make appropriate referrals to housing counselors or other agencies. The Outreach Coordinator will be responsible for acting as a liaison with servicers in some circumstances and participating as necessary in any mediation activity.

The Office will exist for a period of three years from the date it is created pursuant to this bill.

To View Full Text of Legislation Click HERE

http://www.legis.delaware.gov/LIS/lis146.nsf/2bede841c6272c888025698400433a04/a327f4306abd40ea8525785500698320?OpenDocument

House Bill #58

Another bill that will further depress the issuance of mortgages.

Synopsis:

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO FORECLOSURES INCLUDING A FORECLOSURE MEDIATION PROGRAM FOR HOMEOWNERS.

This Bill regulates conduct related to foreclosures in Delaware.

Section 1 establishes the Automatic Residential Mortgage Foreclosure Mediation Program in order to ensure homeowners have an opportunity to meet face-to-face with lender representatives and mediate both retention and non-retention options before a judgment is entered or a sheriff’s sale occurs. This Section codifies an expanded version of the Residential Mortgage Foreclosure Mediation Program currently run by the Superior Court under its Administrative Directive 2011-2, as first established under the Superior Court’s Administrative Directive 2009-3. The Automatic Residential Mortgage Foreclosure Mediation Program established by Section 1 expands access to mediation to all homeowners of owner-occupied residential one-to-four family properties and eliminates financial qualification rules set forth in the existing mediation program. This will ensure that mediation can bring all homeowners facing foreclosure on their residence together in face-to-face meetings with representatives of their lender to address not just possible loan modifications, but other mutually agreeable resolutions short of a sheriff’s sale. Section 1 also requires that plaintiffs pay a court-determined mediation fee in foreclosure actions for which mediation will occur; this fee is to be set by the court in an amount to defray the costs of the mediation program.

Section 2 sets out certain requirements for the filing of a complaint or summons in a mortgage foreclosure action, including that the filing be accompanied by certain documentation related to the notices. Section 2 also extends the period for a defendant to file an answer in mortgage foreclosure actions that are subject to the mediation program established under Section 1 until the date of any scheduled mediation conference.

Section 3 is a technical amendment to Title 10.

To View Full Legislation Text Click HERE

http://www.legis.delaware.gov/LIS/lis146.nsf/2bede841c6272c888025698400433a04/c2ebd43990c049b985257855006835e2?OpenDocument

House Bill #57

This bill will make mortgages harder to obtain.

Synopsis:

AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO FORECLOSURES.

This Bill regulates conduct related to foreclosures in Delaware.

Section 1 requires an affidavit of loss mitigation prior to a plaintiff seeking the entry of judgment in a foreclosure action in order to ensure homeowners are considered for loan modifications before a foreclosure action is concluded with respect to their residence.

For Full Text of Legislation Click HERE

http://www.legis.delaware.gov/LIS/lis146.nsf/2bede841c6272c888025698400433a04/455867aa06b3323b8525785500677705?OpenDocument

House Bill #54

REPLACING HB 34

This bill is critically important to long-term improvement in the Delaware Economy. It is a start to the regulatory reform that we so desperately need.

Last year, it passed 37 - 0 in the House, but the Senate refused to work it. Call your senator and ask for passage of this bill.

Synopsis:

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE REGULATORY FLEXIBILITY ACT AND THE ADMINISTRATIVE PROCEDURES ACT.

Small businesses are the backbone of Delaware’s economy. According to recent census statistics, 80% of companies in Delaware have fewer than 20 employees.

The goal of the State’s Regulatory Flexibility Act is to foster a climate for entrepreneurial success so that small businesses will continue to create jobs, produce innovative new products and services, bring more Delawareans into the economic mainstream, and broaden the tax base.

This legislation seeks to further improve the State regulatory climate for small businesses by updating the current Regulatory Flexibility Act based on model legislation prepared by the Small Business Administration’s Office of Advocacy and patterned after the federal Regulatory Flexibility Act.

This legislation requires agencies to prepare and publish a regulatory flexibility analysis and economic impact study with proposed regulations so that agencies consider the costs of such regulations on small businesses and the feasibility of exemptions or less stringent compliance or reporting requirements. Emergency regulations, regulations impacting employment or labor law and orders would not be subject to these requirements.

The legislation also requires agencies to review regulations for impacts on small businesses every five years and extends from 30 to 60 days the period for which judicial review of a final agency order with respect to a regulation is available.

The legislation directs the Registrar of Regulations, Department of State and Office of Management and Budget to develop and publish guidelines to be used by State agencies in preparing the analysis and impact study required by the Act. The guidelines will ensure that agencies utilize a consistent reporting template for the regulatory flexibility analysis and economic impact study required by the Act and also will clarify exemptions under the Act for certain regulations such as regulations related to professional qualifications and federally mandated regulations already subject to the federal Regulatory Flexibility Act.

The Act takes effect on February 1, 2012 to provide adequate time to develop, publish and seek comment on the guidelines.

To View Full Text of Legislation Click HERE

http://www.legis.delaware.gov/LIS/lis146.nsf/2bede841c6272c888025698400433a04/8bdee38255dccf9b8525785400658514?OpenDocument

Delaware Representative Calls for Withdrawal from RGGI

State Rep. Jack Peterman believes Delaware needs to reconsider its membership in a regional carbon dioxide "cap and trade" program, arguing the state will exceed its pollution reduction goals without the initiative. To read the complete "letter to the editor," CLICK HERE

This bill is extremely important to the future of the Delaware economy. It passed 37 to 0 in the Delaware House last year but was not worked in the Senate. It would be a start in reducing the regulatory burden on our small businesses.

146th General Assembly
House Bill # 34

http://www.legis.delaware.gov/LIS/LIS146.nsf/vwLegislation/HB+34?Opendocument

Primary Sponsor:	Rep. B. Short	Additional Sponsor(s): Rep. Bennett & Sen. Katz
CoSponsors:	Reps. Barbieri, Carson, George, Gilligan, Hocker, Hudson, Jaques, Q. Johnson, Kowalko, Mitchell, D. Short, Willis; Sen. Sokola
Introduced on :	02/24/2011

Long Title:

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE REGULATORY FLEXIBILITY ACT AND THE ADMINISTRATIVE PROCEDURES ACT.

Synopsis:

Small businesses are the backbone of the economy in Delaware. In fact, 80% of the companies in Delaware employ less than 20 employees, according to recent statistics from the U.S. Census Bureau. The goal of regulatory flexibility is to foster a climate for entrepreneurial success so that small businesses will continue to create jobs, produce innovative new products and services, bring more Americans into the economic mainstream, and broaden the tax base. In 2002, the Office of Advocacy presented state model legislation, patterned after the federal Regulatory Flexibility Act, to improve the state regulatory climate for small business. This legislation adopts much of the model legislation with the intent of aiding and fostering small job growth in our State by creating a friendlier regulatory environment for small businesses.

Current Status:	House Economic Development/Banking/Insurance/Commerce Committee On 02/24/2011
Full text of Legislation: (in HTML format)	Legis.html	Email this Bill to a friend
Full text of Legislation: (in MS Word format)	Legis.Doc (Microsoft Word 2007 or above required to view this document.)

Fiscal Notes/Fee Impact:

Not Required

Actions History:

Feb 24, 2011 - Introduced and Assigned to Economic Development/Banking/Insurance/Commerce Committee in House