Delaware 152nd General Assembly (2023-2024) Status: Enacted Bipartisan · 7 D · 1 R cosponsors

SB 235 — AN ACT TO AMEND CHAPTER 26, TITLE 21 OF THE DELAWARE CODE RELATING TO THE UNIFORM COMMERCIAL DRIVERS LICENSE 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 March 06, 2024. 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.

  • 11 sponsors

    11 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (7 D · 1 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 brings the State in compliance with the federal regulation published by FMCSA on October 7, 2021, to establish a national drug and alcohol clearinghouse as mandated by the Moving Ahead for Progress in the 21st Century Act (MAP-21). This act established requirements for Division access to and use of driver-specific drug and alcohol program violation information contained in the Drug and Alcohol Clearinghouse. The Act prohibits the Division from issuing, renewing, upgrading, or transferring a commercial driver license (CDL) or commercial learner’s permit (CLP), as applicable, for any individual prohibited under FMCSA regulations from driving a commercial motor vehicle (CMV), due to one or more drug and alcohol program violations. In addition, the Division must, upon notification that a driver is prohibited from operating a CMV due to a drug and alcohol program violation, initiate the downgrade process to remove the CLP or CDL privilege from the driver’s license within 60 days. This Federal requirement must be enacted by states by November 18, 2024.

Bill Text

How this bill changes current law

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

This bill amends existing Delaware law to align with federal regulations regarding the Drug and Alcohol Clearinghouse for commercial drivers, imposing new restrictions on the issuance and management of commercial driver licenses and permits based on drug and alcohol program violations.

  • § 2603

    (18) “Drug and Alcohol Clearinghouse” (the Clearinghouse) means the secure online database that gives employers, FMCSA, State Driver Licensing Agencies, and State law enforcement personnel real-time information about CDL holder’s drug and alcohol program violations.

    Defines 'Drug and Alcohol Clearinghouse' to clarify its purpose and use in relation to CDL holders.

  • § 2608

    nor may a commercial driver license be issued to a person who has a commercial driver license issued by any other state unless the person first surrenders all such licenses, which must be returned to the issuing state(s) for cancellation.

    Removes a specific condition from the limitations on issuing commercial licenses related to surrendering licenses from other states.

  • § 2608

    The Division shall query the Drug and Alcohol Clearinghouse and deny the issuance, renewal, upgrade, or transfer of a CDL and the issuance, upgrade, or renewal of a CLP if the query indicates the driver is subject to the CMV driving prohibition due to a violation of 49 C.F.R. part 382.

    Requires that the Division check the Drug and Alcohol Clearinghouse before issuing or renewing a CDL or CLP, ensuring compliance with federal prohibitions.

  • § 2627

    The Division shall request information from the Clearinghouse, and if applicable, deny the issuance, renewal, upgrade, or transfer of a CDL or CLP as stated in § 2608(c)(2).

    Mandates the Division to utilize the Clearinghouse to inform decisions regarding the issuance of CDLs and CLPs.

  • § 2627

    The Division shall, upon receiving notification from FMCSA that a CDL or CLP holder is prohibited from operating a CMV due to a drug and alcohol program violation, downgrade the CDL or CLP by removing the commercial privilege from the driver license.

    Imposes a requirement to downgrade a CDL or CLP upon notification of a prohibition due to drug and alcohol violations.

  • § 2627

    If, after the Division completes and records the downgrade on the CDLIS driving record, FMCSA notifies the State that a driver is no longer prohibited from operating a commercial motor vehicle, the Division must make the driver eligible for reinstatement of the CDL or CLP privilege to the driver’s license within 10 calendar days of receiving notification from FMCSA.

    Establishes a timeline for reinstating a CDL or CLP privilege after a prohibition is lifted.

  • § 2627

    If, after the Division completes and records the downgrade on the CDLIS driver record, FMCSA notifies the State the driver was erroneously identified as prohibited from operating a commercial motor vehicle, the Division shall reinstate the CDL or CLP privilege to the driver’s license within 5 business days of receiving notification of the correction from FMCSA.

    Requires quick reinstatement of CDL or CLP privileges if a driver is found to have been incorrectly identified as prohibited.

  • § 2627

    The downgrade must be completed and recorded on the CDLIS driver record within 60 days of the Division’s receipt of such notification.

    Sets a deadline for the completion and recording of downgrades due to drug and alcohol violations.

  • § 2627

    Expunge from the CDLIS driver record and, if applicable, the motor vehicle record, any reference related to the driver’s erroneous prohibited status within 5 business days of receiving notification of the correction from FMCSA.

    Requires that erroneous records related to a driver’s prohibition be expunged promptly.

Action History

  1. Signed by Governor

  2. Passed By House. Votes: 41 YES

  3. Reported Out of Committee (Public Safety & Homeland Security) in House with 1 Favorable, 6 On Its Merits

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

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

  6. Reported Out of Committee (Environment, Energy & Transportation) in Senate with 2 Favorable, 6 On Its Merits

  7. Introduced and Assigned to Environment, Energy & Transportation Committee in Senate

Sponsors

Sponsorship breakdown

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11 sponsors · 0 co-sponsors · 51 not signed on

Sponsors (11)

Co-sponsors (0)

None.

Not signed on (51)

51 members have not signed on to this bill.

Show all 51 →

"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 7000
Democratic 20000
Republican 14000
Total 41000
% of votes cast 100%0%0%0%
How each member voted (41)
Member Party Vote
Michael Ramone — Yea
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Sean Matthews — Yea
Sherry Dorsey Walker — Yea
Stell Parker Selby — Yea
Valerie Longhurst — Yea
Cyndie Romer Democratic Yea
DeShanna U Neal Democratic Yea
Debra Heffernan Democratic Yea
Edward S. Osienski Democratic Yea
Eric Morrison Democratic Yea
Franklin D. Cooke Democratic Yea
Kendra Johnson Democratic Yea
Kerri Evelyn Harris Democratic Yea
Kimberly Williams Democratic Yea
Krista Griffith Democratic Yea
Larry Lambert Democratic Yea
Madinah Wilson-Anton Democratic Yea
Melissa Minor-Brown Democratic Yea
Nnamdi O. Chukwuocha Democratic Yea
Sean M. Lynn Democratic Yea
Sherae'a Moore Democratic Yea
Sophie Phillips 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
Jeff Hilovsky 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
Valerie Jones Giltner Republican Yea

Official roll call →

SM

Passed 20 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 12001
Republican 6000
Unaffiliated 2000
Total 20001
% of votes cast 95%0%0%5%
How each member voted (21)
Member Party Vote
Kyle Evans Gay — Yea
Sarah McBride — Yea
Bryan Townsend Democratic Yea
Darius J. Brown Democratic Yea
David P. Sokola Democratic Yea
John "Jack" Walsh Democratic Yea
Kyra L. Hoffner Democratic Yea
Laura V. Sturgeon Democratic Yea
Marie Pinkney Democratic Yea
Nicole Poore Democratic Not Voting
Russell Huxtable 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
Eric Buckson 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 235 do?
This Act brings the State in compliance with the federal regulation published by FMCSA on October 7, 2021, to establish a national drug and alcohol clearinghouse as mandated by the Moving Ahead for Progress in the 21st Century Act (MAP-21). This act established requirements for Division access to and use of driver-specific drug and alcohol program violation information contained in the Drug and Alcohol Clearinghouse. The Act prohibits the Division from issuing, renewing, upgrading, or transferring a commercial driver license (CDL) or commercial learner’s permit (CLP), as applicable, for any individual prohibited under FMCSA regulations from driving a commercial motor vehicle (CMV), due to one or more drug and alcohol program violations. In addition, the Division must, upon notification that a driver is prohibited from operating a CMV due to a drug and alcohol program violation, initiate the downgrade process to remove the CLP or CDL privilege from the driver’s license within 60 days. This Federal requirement must be enacted by states by November 18, 2024.
Who sponsors SB 235?
SB 235 is sponsored by Stell Parker Selby, Sean Matthews, Edward S. Osienski (Democratic), Russell Huxtable (Democratic), David L. Wilson (Republican), John "Jack" Walsh (Democratic), Bryan Townsend (Democratic), David P. Sokola (Democratic), Spiros Mantzavinos (Democratic), Peter C. Schwartzkopf, and Stephanie L. Hansen (Democratic).
What is the current status of SB 235?
This bill has been enacted into law. Introduced March 06, 2024. Enacted.
Where can I track SB 235?
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