AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DELAWARE LITTER CONTROL LAW.
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SB 24 — AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DELAWARE LITTER CONTROL LAW.
Last action — Signed by Governor
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced March 11, 2021. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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13 sponsors
2 primary, 11 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (7 D · 1 R) — cross-party backing.
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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 intent of this Act is to reduce the amount of waste that ends up in the environment and to raise awareness of the need to properly dispose of balloons. To that end, this Act imposes a civil penalty for the violation of intentionally releasing 5 or more balloons filled with air or lighter-than-air gases, to prevent litter which blights our communities and environment and causes harm to wildlife and marine animals. The release of multiple balloons at 1 time is a single offense under this Act. This Act also establishes that intentionally releasing 1 to 4 balloons at 1 time is littering. Exceptions are provided for the following: - A balloon that is released for scientific or meteorological purposes, on behalf of a governmental agency, or under a governmental contract. - A hot air balloon that is recovered after launching. - A balloon that is released and remains indoors. - A balloon that is filled with water for recreational purposes and recovered after recreation. - A balloon that is negligently or unintentionally released. Under this Act, the intentional release of 1 or more balloons is a civil violation, penalized as follows: - The first violation is subject to a civil penalty of at least $25. - A second or subsequent violation within 2 years of the first is subject to a civil penalty of $75 and up to 8 hours of community service for a second violation within 2 years of the first violation. The mass release of balloons is penalized as follows: - A first violation is subject to a civil penalty of at least $250 and up to 8 hours of community service. - A second or subsequent violation within 2 years of the first is subject to a civil penalty of at least $350 and up to 25 hours of community service. Under this Act, a retail or wholesale establishment that sells balloons must post a notice for customers that the intentional release of balloons is unlawful. All law enforcement agencies in Delaware have the authority to enforce this chapter. The Justice of the Peace Court has jurisdiction over violations of this chapter. This Act also makes a technical correction to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Substitute differs from the original Senate Bill No. 24 by doing the following: - Making clarifications to the synopsis and the notice to be posted by retail or wholesale establishments. - Providing delayed enforcement for individuals who violate the prohibition of littering with 1 to 4 balloons or the mass release of balloons on or before April 30, 2022. Persons who are not individuals, such as organizations, are subject to the penalties under this Act immediately upon the effective date of this Act. This Substitute also makes technical corrections that were missed in the original Senate Bill No. 24.
Bill Text
- Bill Text View text Current pdf
Action History
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Signed by Governor
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Passed By House. Votes: 38 YES 2 NO 1 ABSENT
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Reported Out of Committee (Natural Resources) in House with 6 Favorable, 5 On Its Merits
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Assigned to Natural Resources Committee in House
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Passed By Senate. Votes: 19 YES 1 NO 1 NOT VOTING
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was introduced and adopted in lieu of SB 24
Sponsors
- Stephanie L. Hansen · Primary
- Debra Heffernan · Primary
- Dave G. Lawson · Cosponsor
- David P. Sokola · Cosponsor
- Laura V. Sturgeon · Cosponsor
- Bryan Townsend · Cosponsor
- Larry Lambert · Cosponsor
- Sherae'a Moore · Cosponsor
- John A. Kowalko · Cosponsor
- Gerald L. Brady · Cosponsor
- Paul S. Baumbach · Cosponsor
- Sarah McBride · Cosponsor
- Ernesto B Lopez · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →2 sponsors · 11 co-sponsors · 49 not signed on · 3 voted No
Sponsors (2)
- Stephanie L. Hansen Democratic
- Debra Heffernan Democratic
Co-sponsors (11)
- Dave G. Lawson Republican
- David P. Sokola Democratic
- Laura V. Sturgeon Democratic
- Bryan Townsend Democratic
- Larry Lambert Democratic
- Sherae'a Moore Democratic
- John A. Kowalko
- Gerald L. Brady
- Paul S. Baumbach
- Sarah McBride
- Ernesto B Lopez
Not signed on (49)
49 members have not signed on to this bill.
Show all 49 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 15 | 1 | 0 | 0 |
| Unaffiliated | 13 | 0 | 0 | 0 |
| Republican | 10 | 1 | 0 | 1 |
| Total | 38 | 2 | 0 | 1 |
| % of votes cast | 93% | 5% | 0% | 2% |
How each member voted (41)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 4 | 1 | 0 | 0 |
| Democratic | 10 | 0 | 0 | 1 |
| Republican | 5 | 0 | 0 | 0 |
| Total | 19 | 1 | 0 | 1 |
| % of votes cast | 90% | 5% | 0% | 5% |
How each member voted (21)
| Member | Party | Vote |
|---|---|---|
| Bruce C. Ennis | — | Yea |
| Colin Bonini | — | Nay |
| Ernesto B Lopez | — | Yea |
| Kyle Evans Gay | — | Yea |
| Sarah McBride | — | 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 |
| Marie Pinkney | Democratic | Yea |
| Nicole Poore | Democratic | Yea |
| S. Elizabeth Lockman | Democratic | Yea |
| Spiros Mantzavinos | 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 |
Subjects
Frequently asked questions
- What does SB 24 do?
- The intent of this Act is to reduce the amount of waste that ends up in the environment and to raise awareness of the need to properly dispose of balloons. To that end, this Act imposes a civil penalty for the violation of intentionally releasing 5 or more balloons filled with air or lighter-than-air gases, to prevent litter which blights our communities and environment and causes harm to wildlife and marine animals. The release of multiple balloons at 1 time is a single offense under this Act. This Act also establishes that intentionally releasing 1 to 4 balloons at 1 time is littering. Exceptions are provided for the following: - A balloon that is released for scientific or meteorological purposes, on behalf of a governmental agency, or under a governmental contract. - A hot air balloon that is recovered after launching. - A balloon that is released and remains indoors. - A balloon that is filled with water for recreational purposes and recovered after recreation. - A balloon that is negligently or unintentionally released. Under this Act, the intentional release of 1 or more balloons is a civil violation, penalized as follows: - The first violation is subject to a civil penalty of at least $25. - A second or subsequent violation within 2 years of the first is subject to a civil penalty of $75 and up to 8 hours of community service for a second violation within 2 years of the first violation. The mass release of balloons is penalized as follows: - A first violation is subject to a civil penalty of at least $250 and up to 8 hours of community service. - A second or subsequent violation within 2 years of the first is subject to a civil penalty of at least $350 and up to 25 hours of community service. Under this Act, a retail or wholesale establishment that sells balloons must post a notice for customers that the intentional release of balloons is unlawful. All law enforcement agencies in Delaware have the authority to enforce this chapter. The Justice of the Peace Court has jurisdiction over violations of this chapter. This Act also makes a technical correction to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Substitute differs from the original Senate Bill No. 24 by doing the following: - Making clarifications to the synopsis and the notice to be posted by retail or wholesale establishments. - Providing delayed enforcement for individuals who violate the prohibition of littering with 1 to 4 balloons or the mass release of balloons on or before April 30, 2022. Persons who are not individuals, such as organizations, are subject to the penalties under this Act immediately upon the effective date of this Act. This Substitute also makes technical corrections that were missed in the original Senate Bill No. 24.
- Who sponsors SB 24?
- SB 24 is sponsored by Stephanie L. Hansen (Democratic), Debra Heffernan (Democratic), Dave G. Lawson (Republican), David P. Sokola (Democratic), Laura V. Sturgeon (Democratic), Bryan Townsend (Democratic), Larry Lambert (Democratic), Sherae'a Moore (Democratic), John A. Kowalko, Gerald L. Brady, Paul S. Baumbach, Sarah McBride, and Ernesto B Lopez.
- What is the current status of SB 24?
- This bill has been enacted into law. Introduced March 11, 2021. Enacted.
- Where can I track SB 24?
- Track SB 24 free on One Click Politics — get push/email alerts when it moves.
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