Delaware 149th General Assembly (2017-2018) Status: Enacted 3 D cosponsors

SB 189 — AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO THE UNDERGROUND UTILITY AND SAFETY ACT.

Last action — Signed by Governor

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced April 30, 2018. Enacted.

Prognosis

Likely to advance 80% · 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.

  • 5 sponsors

    2 primary, 3 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (3 D).

  • Cleared a recorded vote

    Passed 2 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

The U.S. Department of Transportation has recently found Delaware to be non-compliant with enforcement of underground excavation violations. This jeopardizes federal funding for the Commissions pipeline safety program. Two principal reasons for this have been the lack of notification to State agencies and the lack of enforcement when damage is known. This bill updates Title 26, Chapter 8 by ensuring notification of excavation damage to the appropriate State agencies for potential penalties or other enforcement proceedings. It provides that either the Attorney General or the Public Service Commission may enforce penalties appropriate for the circumstances and gravity of the violation.

Bill Text

How this bill changes current law

4 changes Share ↗

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill amends Delaware law to enhance notification and enforcement provisions regarding underground utility and excavation safety.

  • Section 810

    It is unlawful and a misdemeanor for any person to do any act forbidden, or fail to perform an act required by this chapter.

    Clarifies the unlawful acts and defines them as misdemeanors under the chapter.

  • Section 810

    the degree of culpability, any history of prior violations, the effect on ability to continue to do business, any good faith in attempting to achieve compliance, ability to pay the fine and such other matters as justice may require. → the degree of culpability, any history of prior violations, the effect on ability to continue to do business, any good faith in attempting to achieve compliance, ability to pay the fine, and an emphasis on evaluation of circumstances and gravity of the violations.

    Expands the factors considered when determining penalties for violations.

  • Section 807

    Promptly notify the Public Service Commission and the Attorney General’s office within 15 days of any notice of facilities damage received by the notification center. → Promptly notify the Public Service Commission and the Attorney General’s office within 15 days of any notice of facilities damage received by the notification center to facilitate enforcement actions.

    Enhances notification requirements to ensure timely enforcement actions can be taken regarding facilities damage.

  • Section 807

    the approved notification center shall be Utilities Service Protection of Delmarva, Inc.

    Affirms the specific approved notification center responsible for utility line location information.

Action History

  1. Signed by Governor

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

  3. Reported Out of Committee (Energy) in House with 1 Favorable, 4 On Its Merits

  4. Assigned to Energy Committee in House

  5. Passed By Senate. Votes: 21 YES

  6. Amendment SA 1 to SB 189 - Stricken in Senate

  7. Amendment SA 2 to SB 189 - Passed By Senate. Votes: 21 YES

  8. Amendment SA 1 to SB 189 - Introduced and Placed With Bill

  9. Reported Out of Committee (Environmental, Natural Resources & Energy) in Senate with 3 On Its Merits

  10. Introduced and Assigned to Environmental, Natural Resources & Energy Committee in Senate

Sponsors

Sponsorship breakdown

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2 sponsors · 3 co-sponsors · 57 not signed on

Sponsors (2)

Co-sponsors (3)

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 40 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 24001
Democratic 7000
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 — Not Voting
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 Yea
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 21 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 12000
Democratic 5000
Republican 4000
Total 21000
% of votes cast 100%0%0%0%
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 — Yea
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 Yea
Stephanie L. Hansen Democratic Yea
Brian Pettyjohn Republican Yea
Bryant L. Richardson Republican Yea
Dave G. Lawson Republican Yea
Gerald W. Hocker 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 SB 189 do?
The U.S. Department of Transportation has recently found Delaware to be non-compliant with enforcement of underground excavation violations. This jeopardizes federal funding for the Commissions pipeline safety program. Two principal reasons for this have been the lack of notification to State agencies and the lack of enforcement when damage is known. This bill updates Title 26, Chapter 8 by ensuring notification of excavation damage to the appropriate State agencies for potential penalties or other enforcement proceedings. It provides that either the Attorney General or the Public Service Commission may enforce penalties appropriate for the circumstances and gravity of the violation.
Who sponsors SB 189?
SB 189 is sponsored by Trey Paradee (Democratic), David P. Sokola (Democratic), Debra Heffernan (Democratic), Gerald L. Brady, and Harris B. McDowell.
What is the current status of SB 189?
This bill has been enacted into law. Introduced April 30, 2018. Enacted.
Where can I track SB 189?
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