Delaware 150th General Assembly (2019-2020) Status: Enacted Bipartisan · 4 D · 2 R cosponsors

SB 147 — AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO ACCIDENT STATISTICS AND REPORTS.

Last action — Signed by Governor

  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 June 11, 2019. 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.

  • 9 sponsors

    3 primary, 6 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (4 D · 2 R) — 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

This Act allows the Department of Safety and Homeland Security to share accident reports and the data in the reports with the Department of Transportation. This Act also allows the Department of Transportation to provide certain de-identified data from accident reports to limited requestors. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Bill Text

What changed in the latest version

9 added · 52 removed

9 line(s) added, 52 removed.

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Latest
Hansen & Rep.
Hansen DELAWARE STATE SENATE 150th GENERAL ASSEMBLY SENATE AMENDMENT NO.
Carson & Rep.
1 TO SENATE BILL NO.
Osienski Sens.
147 AMEND Senate Bill No.
Hocker, McBride, Pettyjohn, Townsend;
147 on line 33 by deleting "If permitted under paragraph (c)(1) of this section, the" after "(3)" and before "Department" therein and inserting in lieu thereof "The".
Reps.
SYNOPSIS This Amendment makes a technical correction to allow the Department of Transportation to release certain information when used to create reports.
Baumbach, Briggs King DELAWARE STATE SENATE 150th GENERAL ASSEMBLY SENATE BILL NO.
147 AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO ACCIDENT STATISTICS AND REPORTS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1.
Amend § 313, Title 21 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 313.
Accident statistics and reports;
evidence.
(b)(1) The Department of Safety and Homeland Security shall receive accident reports required to be made by law and shall tabulate and analyze such the accident reports and publish annually annually, or at more frequent intervals intervals, statistical information based thereon as to on the accident reports regarding the number, cause cause, and location of highway accidents.
Such reports shall be without prejudice, shall be for the information of the Department of Safety and Homeland Security and shall not be open to public inspection.
(2) All the following applies to a report under this subsection:
a.
The report is without prejudice.
b.
The information in the report is for the Department of Safety and Homeland Security and the Department of Transportation.
c.
Reports are not open to public inspection.
(3) The fact that such Accident reports have been so made shall be under this subsection are admissible in evidence solely to prove a compliance with this section but no such accident report or any part thereof or statement contained therein shall be in a report is admissible in evidence for any other purpose in any trial, civil or criminal, arising out of such an accident.
(c)(1) The Department of Transportation may provide the information under this subsection if the person requesting the information provides proof of identity and a sworn representation that the data will be strictly used for any of the following purposes:
a.
To comply with federal, State, or local law or regulations.
b.
By a municipality or municipal planning organization in carrying out official functions.
LC :
DIG :
CM Page 1 of 2 Released:
06/11/2019 04:09 PM (2) If permitted under paragraph (c)(1) of this section, the Department of Transportation may prepare a document containing a quantitative analysis of de-identified data with any of the following information:
a.
Accident classification.
b.
Manner of impact.
c.
Alcohol involvement.
d.
Date and time of accident.
Show all 55 changed rows (15 more)
Previous
Latest
e.
Conditions regarding road surface, lighting, and weather.
f.
Seat belt or helmet use.
g.
Geographic location.
h.
Contributing factors, including speed.
(3) If permitted under paragraph (c)(1) of this section, the Department of Transportation may share traffic studies or analysis that contain the information permitted under paragraph (c)(2) of this section that the Department of Transportation has prepared in carrying out its functions.
(d) Accident reports and crash data under this section are not public records under the Freedom of Information Act, Chapter 100 of Title 29.
SYNOPSIS This Act allows the Department of Safety and Homeland Security to share accident reports and the data in the reports with the Department of Transportation.
This Act also allows the Department of Transportation to provide certain de- identified data from accident reports to limited requestors.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
CM Page 2 of 2 Released:
CM Page 1 of 1 Released:
06/11/2019 04:09 PM 5971500186
06/13/2019 11:00 AM 5971500187
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How this bill changes current law

10 changes Share ↗

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

This Act permits the Department of Safety and Homeland Security to share accident reports with the Department of Transportation and allows the Department of Transportation to provide de-identified accident data to specific requestors.

  • § 313

    shall tabulate and analyze such the accident reports and publish annually annually, or at more frequent intervals intervals, statistical information based thereon as to on the accident reports regarding the number, cause cause, and location → shall tabulate and analyze such accident reports and publish annually, or at more frequent intervals, statistical information based thereon regarding the number, cause, and location

    This change corrects repetitive wording and streamlines the phrasing regarding the publication of statistical information.

  • § 313

    are admissible in evidence solely to prove a compliance with this section but no such accident report or any part thereof or statement contained therein shall be in a report is admissible in evidence for any other purpose in any trial, civil or criminal, arising out of such an accident. → are admissible in evidence solely to prove compliance with this section, but no such accident report or any part thereof or statement contained therein shall be admissible in evidence for any other purpose in any trial, civil or criminal, arising out of such an accident.

    This change removes redundancy and clarifies the conditions under which accident reports are admissible in court.

  • § 313

    to prove a compliance with this section → to prove compliance with this section

    This amendment simplifies the language for clarity.

  • § 313

    but no such accident report or any part thereof or statement contained therein shall be in a report is admissible in evidence for any other purpose in any trial, civil or criminal, arising out of such an accident. → but no such accident report or any part thereof or statement contained therein shall be admissible in evidence for any other purpose in any trial, civil or criminal, arising out of such an accident.

    This correction aligns the text with standard legal phrasing and improves readability.

  • § 313

    Information in the report is for the Department of Safety and Homeland Security and the Department of Transportation. → The information in the report is for the Department of Safety and Homeland Security and the Department of Transportation.

    This change removes the redundancy by refining the sentence structure.

  • § 313

    shall not be open to public inspection. → are not open to public inspection.

    This alteration improves the grammatical form of the sentence.

  • § 313

    may provide the information under this subsection if the person requesting the information provides proof of identity and a sworn representation that the data will be strictly used for any of the following purposes: → may provide information under this subsection if the person requesting it provides proof of identity and a sworn representation that the data will be strictly used for any of the following purposes:

    This revision clarifies the conditions under which the Department can provide information.

  • § 313

    If permitted under paragraph (c)(1) of this section, the Department of Transportation may prepare a document containing a quantitative analysis of de-identified data with any of the following information: → If permitted under paragraph (c)(1), the Department of Transportation may prepare a document containing a quantitative analysis of de-identified data with any of the following information:

    This change simplifies the citation of the paragraph for easier reference.

  • § 313

    that contain the information permitted under paragraph (c)(2) of this section that the Department of Transportation has prepared in carrying out its functions. → that contain the information permitted under paragraph (c)(2) that the Department of Transportation has prepared in carrying out its functions.

    This provides clarity by removing repetitive wording.

  • § 313

    Accident reports and crash data under this section are not public records under the Freedom of Information Act, Chapter 100 of Title 29. → Accident reports and crash data under this section are not public records under the Freedom of Information Act, Chapter 100 of Title 29.

    This confirms that existing law remains unchanged regarding the status of accident reports under FOIA.

Action History

  1. Signed by Governor

  2. Passed By House. Votes: 41 YES

  3. Amendment HA 2 to SB 147 - Stricken in House

  4. Amendment HA 1 to SB 147 - Stricken in House

  5. Amendment HA 2 to SB 147 - Introduced and Placed With Bill

  6. Amendment HA 1 to SB 147 - Introduced and Placed With Bill

  7. Reported Out of Committee (Public Safety & Homeland Security) in House with 6 On Its Merits

  8. Assigned to Public Safety & Homeland Security Committee in House

  9. Passed By Senate. Votes: 20 YES 1 ABSENT

  10. Amendment SA 1 to SB 147 - Passed By Senate. Votes: 20 YES 1 ABSENT

  11. Reported Out of Committee (Transportation) in Senate with 5 On Its Merits

  12. Introduced and Assigned to Transportation Committee in Senate

Sponsors

Sponsorship breakdown

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3 sponsors · 6 co-sponsors · 53 not signed on

Sponsors (3)

Co-sponsors (6)

Not signed on (53)

53 members have not signed on to this bill.

Show all 53 →

"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 41 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 17000
Democratic 12000
Republican 12000
Total 41000
% of votes cast 100%0%0%0%
How each member voted (41)
Member Party Vote
Andria L. Bennett — Yea
David Bentz — Yea
Earl G. Jaques Jr. — Yea
Gerald L. Brady — Yea
John A. Kowalko — Yea
John J. Viola — Yea
John L. Mitchell — Yea
Michael Ramone — Yea
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Quinton Johnson — Yea
Raymond Seigfried — Yea
Ruth Briggs King — Yea
Sean Matthews — Yea
Sherry Dorsey Walker — Yea
Stephen Smyk — Yea
Valerie Longhurst — Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Franklin D. Cooke Democratic Yea
Kendra Johnson Democratic Yea
Kimberly Williams Democratic Yea
Krista Griffith Democratic Yea
Melissa Minor-Brown Democratic Yea
Nnamdi O. Chukwuocha Democratic Yea
Sean M. Lynn Democratic Yea
Stephanie T. Bolden Democratic Yea
William Bush Democratic Yea
William J. Carson Democratic Yea
Bryan W. Shupe Republican Yea
Charles S Postles Jr. Republican Yea
Daniel B. Short Republican Yea
Jeffrey N. Spiegelman Republican Yea
Jesse R. Vanderwende Republican Yea
Kevin S Hensley Republican Yea
Lyndon D. Yearick Republican Yea
Michael F. Smith Republican Yea
Richard G. Collins Republican Yea
Ronald E. Gray Republican Yea
Shannon Morris Republican Yea
Timothy D. Dukes Republican Yea

Official roll call →

SM

Passed 20 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 7000
Democratic 8001
Republican 5000
Total 20001
% of votes cast 95%0%0%5%
How each member voted (21)
Member Party Vote
Anthony Delcollo — Yea
Bruce C. Ennis — Yea
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 Not Voting
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 Yea
Dave G. Lawson Republican Yea
David L. Wilson Republican Yea
Gerald W. Hocker Republican Yea

Official roll call →

Subjects

public-safety transportation
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 147 do?
This Act allows the Department of Safety and Homeland Security to share accident reports and the data in the reports with the Department of Transportation. This Act also allows the Department of Transportation to provide certain de-identified data from accident reports to limited requestors. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Who sponsors SB 147?
SB 147 is sponsored by Stephanie L. Hansen (Democratic), William J. Carson (Democratic), Edward S. Osienski (Democratic), Gerald W. Hocker (Republican), Brian Pettyjohn (Republican), Bryan Townsend (Democratic), Ruth Briggs King, Paul S. Baumbach, and David B. McBride.
What is the current status of SB 147?
This bill has been enacted into law. Introduced June 11, 2019. Enacted.
Where can I track SB 147?
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