Delaware 150th General Assembly (2019-2020) Status: Passed Senate 3 D cosponsors

SB 182 — AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO TRAFFIC CONTROL DEVICES FOR SIZE AND WEIGHT OF VEHICLES AND LOADS.

Last action — Assigned to Transportation/Land Use and Infrastructure Committee in House

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

This bill died with 150th General Assembly (2019-2020). It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Summary

This Act makes the following changes related to traffic control devices erected on order of the Secretary of the Department of Transportation (“Secretary”) limiting the size and weight of vehicles and loads permitted on a specific highway: (1) Requires the Secretary to submit the order to the Registrar of Regulations for publication in the Register of Regulations and publish the order on the Department’s website. (2) Clarifies that violation of a traffic control device erected by order of the Secretary is a specific offense. (3) Increases the monetary penalty for a violation of a traffic control device erected by order of the Secretary over the existing penalty in § 4508 of Title 21. (4) Makes a subsequent violation of a traffic control device erected by order of the Secretary a moving violation, which results in the Department assessing points on an individual’s license based on the violation.

Bill Text

What changed in the latest version

61 added · 18 removed

61 line(s) added, 18 removed.

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Delcollo DELAWARE STATE SENATE 150th GENERAL ASSEMBLY SENATE AMENDMENT NO.
Delcollo & Sen.
1 TO SENATE BILL NO.
Walsh & Rep.
182 AMEND Senate Bill No.
Brady & Rep.
182 on line 11 by inserting "(1)" after "(c)" and before "The" therein.
Mitchell & Rep.
FURTHER AMEND Senate Bill No.
K.
182 by inserting the following after line 13 and before line 14:
Williams Sen.
"(2) An incorporated municipality exercising its authority under § 134(e) of Title 17 shall submit notice of the municipality’s action to the Registrar of Regulations for publication in the Register of Regulations.
Hansen DELAWARE STATE SENATE 150th GENERAL ASSEMBLY SENATE BILL NO.
The Secretary shall also publish the notice on the Department’s website with orders issued by the Department under subsection (b) of this section.".
182 AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO TRAFFIC CONTROL DEVICES FOR SIZE AND WEIGHT OF VEHICLES AND LOADS.
SYNOPSIS This Amendment does the following:
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1.
Amend § 4505, Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 4505.
Traffic control devices.
(a) The Secretary of Transportation the Department may implement this chapter by erection of traffic control devices and provided further that:
and §§ 134 and 141 of Title 17 by erecting traffic control devices.
(b) The Secretary of the Department may do all of the following:
(1) Traffic Order traffic control devices may be erected on any highway establishing the maximum permitted weight of any vehicle including load that may be driven thereover.
on the highway.
(2) Traffic Order traffic control devices may be erected on any highway prohibiting the operation of trucks or other commercial vehicles thereover.
on the highway.
(c) The Secretary of the Department shall submit an order issued under subsection (b) of this section to the Registrar of Regulations for publication in the Register of Regulations.
The Secretary shall also publish the order on the Department’s website with other similar orders.
(d) It is unlawful for a person to drive or move or, being the owner, cause or knowingly permit to be driven or moved, any vehicle or combination of vehicles in violation of a traffic control device erected under subsection (b) of this section.
(e)(1) For purposes of this subsection:
a.
“First offense” means a person has not, before the date of this offense, previously been convicted of violating the traffic control device at the location of the offense.
b.
“Subsequent like offense” means a person has, before the date of this offense, been convicted of violating the traffic control device at the location of the offense.
(2) Section 4508 of this title does not apply to a violation of subsection (b) of this section.
LC :
MJC :
NMX Page 1 of 2 Released:
06/27/2019 11:40 AM (3) A violation of paragraph (b)(1) of this section is punishable as follows:
a.
For a first offense, by both of the following:
Requires a municipality exercising its authority under § 134(e) of Title 17 of the Delaware Code (regarding prohibiting the operation of trucks or other commercial vehicles or imposing limitations as to the weight of trucks or other commercial vehicles on designated highways) to submit an order to the Registrar of Regulations for publication in the Register of Regulations.
A fine of not less than $250 nor more than $450 or by a term of imprisonment of not more than 30 days or both.
Requires the Department of Transportation to post a municipality's order with similar orders on the Department's website.
A fine for all excess weight up to and including 5,000 pounds in the amount of 2.3 cents per pound and a fine for all excess weight over 5,000 pounds in the amount of 5.75 cents per pound or by a term of imprisonment not to exceed 30 days or both.
b.
For a subsequent like offense, by both of the following:
1.
Show all 55 changed rows (15 more)
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A fine of not less than $500 nor more than $650 or by a term of imprisonment of not more than 60 days or both 2.
A fine for all excess weight up to and including 5,000 pounds in the amount of 5.75 cents per pound and a fine for all excess weight over 5,000 pounds in the amount of 11.5 cents per pound or by a term of imprisonment not to exceed 60 days or both.
(4) A violation of paragraph (b)(2) this section is punishable as follows:
a.
For a first offense, by a fine of not less than $250 nor more than $450 or by a term of imprisonment of not more than 30 days or both.
b.
For a subsequent like offense, by a fine of not less than $450 nor more than $650 or by a term of imprisonment of not more than 60 days or both.
(5) A subsequent like offense under this subsection constitutes a moving violation.
SYNOPSIS This Act makes the following changes related to traffic control devices erected on order of the Secretary of the Department of Transportation (“Secretary”) limiting the size and weight of vehicles and loads permitted on a specific highway:
(1) Requires the Secretary to submit the order to the Registrar of Regulations for publication in the Register of Regulations and publish the order on the Department’s website.
(2) Clarifies that violation of a traffic control device erected by order of the Secretary is a specific offense.
(3) Increases the monetary penalty for a violation of a traffic control device erected by order of the Secretary over the existing penalty in § 4508 of Title 21.
(4) Makes a subsequent violation of a traffic control device erected by order of the Secretary a moving violation, which results in the Department assessing points on an individual’s license based on the violation.
CM Page 1 of 1 Released:
NMX Page 2 of 2 Released:
01/29/2020 02:26 PM 4801500162
06/27/2019 11:40 AM 4801500088
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Action History

  1. Assigned to Transportation/Land Use and Infrastructure Committee in House

  2. Passed By Senate. Votes: 19 YES 1 NOT VOTING 1 ABSENT

  3. Amendment SA 1 to SB 182 - Passed By Senate. Votes: 20 YES 1 ABSENT

  4. Reported Out of Committee (Transportation) in Senate with 1 Favorable, 4 On Its Merits

  5. Introduced and Assigned to Transportation Committee in Senate

Sponsors

Sponsorship breakdown

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5 sponsors · 1 co-sponsors · 56 not signed on

Sponsors (5)

Co-sponsors (1)

Not signed on (56)

56 members have not signed on to this bill.

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"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 19 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 6001
Democratic 9000
Republican 4001
Total 19002
% of votes cast 90%0%0%10%
How each member voted (21)
Member Party Vote
Anthony Delcollo — Yea
Bruce C. Ennis — Not Voting
Catherine Cloutier — Yea
Colin Bonini — Yea
David B. McBride — Yea
Ernesto B Lopez — Yea
Harris B. McDowell — Yea
Bryan Townsend Democratic Yea
Darius J. Brown Democratic Yea
David P. Sokola Democratic Yea
John "Jack" Walsh Democratic Yea
Laura V. Sturgeon Democratic Yea
Nicole Poore Democratic Yea
S. Elizabeth Lockman Democratic Yea
Stephanie L. Hansen Democratic Yea
Trey Paradee Democratic Yea
Brian Pettyjohn Republican Yea
Bryant L. Richardson Republican Not Voting
Dave G. Lawson Republican Yea
David L. Wilson Republican Yea
Gerald W. Hocker Republican Yea

Official roll call →

Subjects

public-safety transportation
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Frequently asked questions

What does SB 182 do?
This Act makes the following changes related to traffic control devices erected on order of the Secretary of the Department of Transportation (“Secretary”) limiting the size and weight of vehicles and loads permitted on a specific highway: (1) Requires the Secretary to submit the order to the Registrar of Regulations for publication in the Register of Regulations and publish the order on the Department’s website. (2) Clarifies that violation of a traffic control device erected by order of the Secretary is a specific offense. (3) Increases the monetary penalty for a violation of a traffic control device erected by order of the Secretary over the existing penalty in § 4508 of Title 21. (4) Makes a subsequent violation of a traffic control device erected by order of the Secretary a moving violation, which results in the Department assessing points on an individual’s license based on the violation.
Who sponsors SB 182?
SB 182 is sponsored by Stephanie L. Hansen (Democratic), Kimberly Williams (Democratic), John "Jack" Walsh (Democratic), Anthony Delcollo, Gerald L. Brady, and John L. Mitchell.
What is the current status of SB 182?
This bill died with 150th General Assembly (2019-2020). It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 182?
Track SB 182 free on One Click Politics — get push/email alerts when it moves.

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