Delaware General Assembly

PWB 5/18/23

The General Assembly has ended, the current status is the final status.

SB 43 -SA 1

5/18/23

Richardson

This Amendment does all the following: (1) Removes the mandate that the Department of Labor (Department) conduct enforcement. The Department still has enforcement authority but may exercise its discretion in whether to pursue enforcement. (2) Changes enforcement to a complaint-based system whereby the Department may inspect an establishment about which it receives a compliant. While the complaint-based system may be the main way that the Department will receive notice of possible noncompliance with public awareness sign requirements, the Department may still initiate inspections independent of a report from the Delaware Anti-Trafficking Action Council or a complaint. (3) Changes the enforcement process and timeframes as follows: When the Department conducts enforcement, it shall provide public awareness signs, if needed, to an establishment to immediately enable compliance with the public awareness sign display requirements. If, within 3 years, the Department determines the establishment is exhibiting the same, or a substantially similar, noncompliance identified in the warning notice, then the Department shall assess a civil penalty against the noncompliant establishment. (4) Removes the safe harbor provision since all establishments will now receive copies of the proper signage during inspection, if new signs are needed. (5) Updates the civil penalty to conform to the changes made in the enforcement process and timeframes. (6) Names this Act the "Signs of Hope Act". This name reflects the purpose that the human trafficking public awareness signs serve: a way to reach, give hope, and save victims of human trafficking. (7) Removes repetitive language and corrects a grammatical error.

View HTML View PDF