Delaware 149th General Assembly (2017-2018) Status: Enacted 9 R cosponsors

HB 53 — AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO SELLING OR POSSESSING FIREWORKS; EXCEPTIONS.

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 25, 2017. 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.

  • 17 sponsors

    2 primary, 15 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (9 R).

  • 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 bill allows ground-based and hand-held sparklers and certain other nonexplosive, nonairborne novelty items regulated by the federal government to be sold and used in the State. The bill does not legalize firecrackers, bottle rockets, aerials, or any other device that explodes or shoots into the air. The use of those items that may be sold only to persons 18 years of age and older is limited to July 4th and December 31st of each year and sales are limited to the 30 days prior to the allowable use day. This bill allows paper caps used in toy guns contain 16 milligrams or less of pyrotechnic mixture. The sale of sparklers and most other items permitted under this bill is limited to persons 18 and older. The penalty section of 16 Del. C. §6905 applies to this bill. At least forty-three states allow the sale and use of sparklers and other nonexplosive, nonairborne novelty items that are regulated by the U.S. Consumer Product Safety Commission.

Bill Text

Action History

  1. Signed by Governor

  2. Passed By House. Votes: 37 YES 4 ABSENT

  3. Passed By Senate. Votes: 18 YES 3 ABSENT

  4. Amendment SA 2 to HB 53 - Passed By Senate. Votes: 16 YES 2 NO 3 ABSENT

  5. Amendment SA 1 to HB 53 - Passed By Senate. Votes: 19 YES 2 ABSENT

  6. Amendment SA 1 to HB 53 - Introduced and Placed With Bill

  7. Reported Out of Committee (Corrections & Public Safety) in Senate with 2 On Its Merits, 1 Unfavorable

  8. Assigned to Corrections & Public Safety Committee in Senate

  9. Passed By House. Votes: 40 YES 1 ABSENT

  10. Amendment HA 2 to HB 53 - Passed In House by Voice Vote

  11. Amendment HA 1 to HB 53 - Passed In House by Voice Vote

  12. Reported Out of Committee (Public Safety & Homeland Security) in House with 1 Favorable, 5 On Its Merits

  13. Amendment HA 1 to HB 53 - Introduced and Placed With Bill

  14. Amendment HA 2 to HB 53 - Introduced and Placed With Bill

  15. Introduced and Assigned to Public Safety & Homeland Security Committee in House

Sponsors

Sponsorship breakdown

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2 sponsors · 15 co-sponsors · 45 not signed on

Sponsors (2)

Not signed on (45)

45 members have not signed on to this bill.

Show all 45 →

"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 37 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 23002
Democratic 5002
Republican 9000
Total 37004
% of votes cast 90%0%0%10%
How each member voted (41)
Member Party Vote
Andria L. Bennett — Yea
Bryon H. Short — Yea
Charles Potter Jr. — Yea
David Bentz — Yea
Deborah Hudson — Yea
Earl G. Jaques Jr. — Yea
Gerald L. Brady — Yea
Harvey R. Kenton — Yea
Helene M. Keeley — Yea
James Johnson — Yea
John A. Kowalko — Yea
John J. Viola — Yea
John L. Mitchell — Yea
Joseph E. Miro — Yea
Melanie George Smith — Not Voting
Michael Mulrooney — Yea
Michael Ramone — Yea
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Quinton Johnson — Yea
Ruth Briggs King — Yea
Sean Matthews — Yea
Stephen Smyk — Yea
Valerie Longhurst — Not Voting
William R. Outten — Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Kimberly Williams Democratic Not Voting
Sean M. Lynn Democratic Yea
Stephanie T. Bolden Democratic Not Voting
Trey Paradee Democratic Yea
William J. Carson Democratic Yea
Charles S Postles Jr. Republican Yea
Daniel B. Short Republican Yea
David L. Wilson Republican Yea
Jeffrey N. Spiegelman Republican Yea
Kevin S Hensley Republican Yea
Lyndon D. Yearick Republican Yea
Richard G. Collins Republican Yea
Ronald E. Gray Republican Yea
Timothy D. Dukes Republican Yea

Official roll call →

SM

Passed 18 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 11001
Democratic 4001
Republican 3001
Total 18003
% of votes cast 86%0%0%14%
How each member voted (21)
Member Party Vote
Anthony Delcollo — Yea
Brian J. Bushweller — Yea
Bruce C. Ennis — Yea
Catherine Cloutier — Yea
Colin Bonini — Yea
David B. McBride — Yea
Ernesto B Lopez — Not Voting
F. Gary Simpson — Yea
Gregory F. Lavelle — Yea
Harris B. McDowell — Yea
Margaret Rose Henry — Yea
Robert Marshall — Yea
Bryan Townsend Democratic Yea
David P. Sokola Democratic Yea
John "Jack" Walsh Democratic Yea
Nicole Poore Democratic Not Voting
Stephanie L. Hansen Democratic Yea
Brian Pettyjohn Republican Yea
Bryant L. Richardson Republican Yea
Dave G. Lawson Republican Yea
Gerald W. Hocker Republican Not Voting

Official roll call →

SM

Passed 40 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 25000
Democratic 6001
Republican 9000
Total 40001
% of votes cast 98%0%0%2%
How each member voted (41)
Member Party Vote
Andria L. Bennett — Yea
Bryon H. Short — Yea
Charles Potter Jr. — Yea
David Bentz — Yea
Deborah Hudson — Yea
Earl G. Jaques Jr. — Yea
Gerald L. Brady — Yea
Harvey R. Kenton — Yea
Helene M. Keeley — Yea
James Johnson — Yea
John A. Kowalko — Yea
John J. Viola — Yea
John L. Mitchell — Yea
Joseph E. Miro — Yea
Melanie George Smith — Yea
Michael Mulrooney — Yea
Michael Ramone — Yea
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Quinton Johnson — Yea
Ruth Briggs King — Yea
Sean Matthews — Yea
Stephen Smyk — Yea
Valerie Longhurst — Yea
William R. Outten — Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Kimberly Williams Democratic Yea
Sean M. Lynn Democratic Yea
Stephanie T. Bolden Democratic Not Voting
Trey Paradee Democratic Yea
William J. Carson Democratic Yea
Charles S Postles Jr. Republican Yea
Daniel B. Short Republican Yea
David L. Wilson Republican Yea
Jeffrey N. Spiegelman Republican Yea
Kevin S Hensley Republican Yea
Lyndon D. Yearick Republican Yea
Richard G. Collins Republican Yea
Ronald E. Gray Republican Yea
Timothy D. Dukes Republican Yea

Official roll call →

Subjects

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Frequently asked questions

What does HB 53 do?
This bill allows ground-based and hand-held sparklers and certain other nonexplosive, nonairborne novelty items regulated by the federal government to be sold and used in the State. The bill does not legalize firecrackers, bottle rockets, aerials, or any other device that explodes or shoots into the air. The use of those items that may be sold only to persons 18 years of age and older is limited to July 4th and December 31st of each year and sales are limited to the 30 days prior to the allowable use day. This bill allows paper caps used in toy guns contain 16 milligrams or less of pyrotechnic mixture. The sale of sparklers and most other items permitted under this bill is limited to persons 18 and older. The penalty section of 16 Del. C. §6905 applies to this bill. At least forty-three states allow the sale and use of sparklers and other nonexplosive, nonairborne novelty items that are regulated by the U.S. Consumer Product Safety Commission.
Who sponsors HB 53?
HB 53 is sponsored by Colin Bonini, Joseph E. Miro, Dave G. Lawson (Republican), Brian Pettyjohn (Republican), Bryant L. Richardson (Republican), Richard G. Collins (Republican), Timothy D. Dukes (Republican), Ronald E. Gray (Republican), Kevin S Hensley (Republican), Jeffrey N. Spiegelman (Republican), David L. Wilson (Republican), Peter C. Schwartzkopf, Michael Ramone, William R. Outten, Harvey R. Kenton, Helene M. Keeley, and Ruth Briggs King.
What is the current status of HB 53?
This bill has been enacted into law. Introduced January 25, 2017. Enacted.
Where can I track HB 53?
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