Delaware 149th General Assembly (2017-2018) Status: Enacted Bipartisan · 5 R · 1 D cosponsors

HB 294 — AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO DRIVING UNDER THE INFLUENCE.

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 09, 2018. Enacted.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 10 sponsors

    4 primary, 6 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (5 R · 1 D) — cross-party backing.

  • 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

Section 1 of this Act transfers from the Department of Safety and Homeland Security to the Department of Health and Social Services the responsibility for establishing, administering, adopting rules and regulations, and setting fees for courses of instruction and programs of rehabilitation for those whose licenses have been revoked for driving a vehicle under the influence of alcohol or any drug, or both. The Department of Health and Social Services’ Division of Substance Abuse and Mental Health is better positioned to establish and operate programs aimed at treating substance abuse issues. Section 1 of this Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual and to update language in this Act that is no longer consistent with language in § 4177 of Title 21. Section 2 of this Act delays the Act’s effective date for 6 months.

Bill Text

How this bill changes current law

6 changes Share ↗

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

This bill transfers responsibility for DUI rehabilitation programs from the Department of Safety and Homeland Security to the Department of Health and Social Services.

  • § 4177D

    The Secretary of Safety and Homeland Security, through the Office of Highway Safety → The Secretary of the Department of Health and Social Services, through the Division of Substance Abuse and Mental Health

    Shifts the authority for DUI rehabilitation programs to a different department.

  • § 4177D

    The Secretary of Safety and Homeland Security → The Secretary of the Department of Health and Social Services

    Replaces the Secretary title to reflect the new department responsible.

  • § 4177D

    programs and adopt rules and regulations therefor, and and adopt rules and regulations for such courses and programs. → programs and adopt rules and regulations for such courses and programs.

    Removes redundancy in the text regarding rules and regulations.

  • § 4177D

    which shall not programs. → which may not exceed the maximum fine imposed for the offense as set forth in § 4177

    Clarifies the fee structure for enrollment in rehabilitation programs.

  • § 4177D

    Successful A person’s successful completion of the Court of Common Pleas Driving Under the Influence Treatment Program shall be considered → A person’s successful completion of the Court of Common Pleas Driving Under the Influence Treatment Program shall be considered

    Corrects the phrasing for clarity without changing the meaning.

  • § 4177D

    is equivalent to a course of instruction and/or or program of rehabilitation approved under this section. → is equivalent to a course of instruction and/or program of rehabilitation approved under this section.

    Removes unnecessary wording for grammatical correctness.

Action History

  1. Signed by Governor

  2. Passed By Senate. Votes: 18 YES 3 NO

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

  4. Amendment HA 2 to HB 294 - Passed In House by Voice Vote

  5. Amendment HA 1 to HB 294 - Stricken in House

  6. Amendment HA 2 to HB 294 - Introduced and Placed With Bill

  7. Amendment HA 1 to HB 294 - Introduced and Placed With Bill

  8. Reported Out of Committee (Public Safety & Homeland Security) in House with 9 On Its Merits

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

Sponsors

Sponsorship breakdown

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4 sponsors · 6 co-sponsors · 52 not signed on · 2 voted No

Sponsors (4)

Co-sponsors (6)

Not signed on (52)

52 members have not signed on to this bill.

Show all 52 →

"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 18 Yea · 3 Nay
Party YeaNayPresentNot Voting
Unaffiliated 11100
Democratic 5000
Republican 2200
Total 18300
% of votes cast 86%14%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 — Nay
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 Nay
Gerald W. Hocker Republican Nay

Official roll call →

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 — 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 — 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 →

Subjects

public-safety health-insurance
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 294 do?
Section 1 of this Act transfers from the Department of Safety and Homeland Security to the Department of Health and Social Services the responsibility for establishing, administering, adopting rules and regulations, and setting fees for courses of instruction and programs of rehabilitation for those whose licenses have been revoked for driving a vehicle under the influence of alcohol or any drug, or both. The Department of Health and Social Services’ Division of Substance Abuse and Mental Health is better positioned to establish and operate programs aimed at treating substance abuse issues. Section 1 of this Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual and to update language in this Act that is no longer consistent with language in § 4177 of Title 21. Section 2 of this Act delays the Act’s effective date for 6 months.
Who sponsors HB 294?
HB 294 is sponsored by Brian Pettyjohn (Republican), Gerald W. Hocker (Republican), Edward S. Osienski (Democratic), Daniel B. Short (Republican), David L. Wilson (Republican), William R. Outten, Helene M. Keeley, Ernesto B Lopez, and Ruth Briggs King.
What is the current status of HB 294?
This bill has been enacted into law. Introduced January 09, 2018. Enacted.
Where can I track HB 294?
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