Delaware 152nd General Assembly (2023-2024) Status: Enacted Bipartisan · 7 D · 5 R cosponsors

SB 221 — AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE PROVISION OF A FLAG TO NEXT OF KIN.

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 April 11, 2024. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 98% · high confidence

  • Enacted

    Current position in the legislative process.

  • 16 sponsors

    16 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (7 D · 5 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

This Act provides that the next of kin of a deceased police officer, member of a fire department, or member of the Delaware National Guard is entitled to a Delaware state flag if the deceased person served in at least 1 qualifying entity for at least 10 years and died in the line of duty or while an active member. This Act is a substitute for and differs from Senate Bill No. 221 in the following ways: - Applies to Delaware state flags only. - Removes language that referenced draping a flag over a casket at the deceased person's funeral service. - Removes auxiliary members of a volunteer fire department or a member of service organization providing volunteer ambulance services from list of individuals who qualify for a flag. - Uses the broader term "law-enforcement officer" and clarifies the definition. - Clarifies that a firefighter may be either paid or volunteer to qualify for a flag. - Names the following entities as responsible for providing flags: the Delaware Volunteer Firefighters Association for firefighters, the Department of Safety and Homeland Security for police officers, and the Delaware National Guard for their members.

Bill Text

What changed in the latest version

77 added · 31 removed

77 line(s) added, 31 removed.

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Latest
Wilson DELAWARE STATE SENATE 152nd GENERAL ASSEMBLY SENATE AMENDMENT NO.
Wilson & Rep.
2 TO SENATE SUBSTITUTE NO.
Shupe Sens.
Buckson, Hocker, Huxtable, Lawson, Mantzavinos, Pettyjohn;
Reps.
Baumbach, Bolden, Harris, Hilovsky, Parker Selby, Ramone, D.
Short, Spiegelman, Yearick DELAWARE STATE SENATE 152nd GENERAL ASSEMBLY SENATE SUBSTITUTE NO.
221 AMEND Senate Substitute No.
221 AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE PROVISION OF A FLAG TO NEXT OF KIN.
1 for Senate Bill No.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
221 by inserting between lines 26 and 27 the following:
Section 1.
“14.
Amend Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
A correction officer.
Chapter 60F.
“Correction officer” means an individual employed by the Department of Correction in a position responsible for supervising correctional officers in secured facilities or classified with a correctional officer job title.
Provision of State Flag to Next of Kin.
15.
§ 6001F.
A probation and parole officer.
Definitions.
“Probation and parole officer” means an individual employed by the Department of Correction or the Department of Services for Children, Youth, and their Families, with the qualifications and having powers and responsibilities pertaining to investigation, supervision and otherwise, provided by law or determined by the Department of Correction or the Department of Services for Children, Youth and their Families, respectively.”.
As used in this chapter:
FURTHER AMEND Senate Substitute No.
(1) “Flag” means a Delaware state flag.
1 for Senate Bill No.
(2)a.
221 on line 46 by deleting “Delaware Volunteer Firefighters Association,” and inserting in lieu thereof “Delaware State Fire Prevention Commission,”.
“Law-enforcement officer” means a sworn member of a police force or other law-enforcement agency of this state or of a county or municipality in this state, whether employed full or part-time, who is responsible for the prevention and the detection of crime and the enforcement of laws of this state or other governmental units within the state.
FURTHER AMEND Senate Substitute No.
The sworn member must be a member of any of the following:
1 for Senate Bill No.
1.
221 on line 48 by deleting “police officer.” and inserting in lieu thereof “law-enforcement officer, unless the person served as a correction officer or probation and parole officer.”.
The Delaware State Police.
FURTHER AMEND Senate Substitute No.
2.
1 for Senate Bill No.
The New Castle County Police.
221 by inserting between lines 48 and 49 the following and redesignating accordingly:
3.
“(3) The Department of Correction, if the person served as a correction officer or a probation and parole officer.”.
A police department, bureau, or force of an incorporated city or town in this state.
SYNOPSIS This Amendment does the following:
4.
- Adds correction officers and probation and parole officers to the list of positions that qualify for a flag under this Act and names the Department of Correction as the entity that provides flags for these added positions.
The Delaware River and Bay Authority Police.
The Department of Correction will provide flags for probation and parole officers in both the Department of Correction and Department of Services for Children, Youth and their Families.
5.
- Names the Delaware Fire Prevention Commission as the entity that provides flags for volunteer or paid members of a fire department.
The Capitol Police.
- Corrects a technical error.
6.
The Delaware State University Police Department.
7.
The University of Delaware Police Division.
8.
An agent of the State Division of Alcohol and Tobacco Enforcement.
9.
An officer or agent of the State Police Drug Diversion Unit.
10.
A state detective or special investigator of the Department of Justice.
LC :
Show all 94 changed rows (54 more)
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Latest
HVW :
CM Page 1 of 3 Released:
04/10/2024 04:23 PM 11.
An officer or agent of the Delaware Police Sex Offender Task Force, or an agent employed by a state, county, or municipal law-enforcement agency engaged in monitoring sex offenders.
12.
A member of the Office of the State Fire Marshall.
13.
A municipal fire marshal or a sworn member of the City of Wilmington Fire Department, either of which is a graduate of a Delaware Police Academy, or similar academy, which is accredited or authorized by the Police Officer Standards and Training Commission under Chapter 84 of Title 11.
b.
“Law-enforcement officer” does not mean any of the following:
1.
A sheriff, regular deputy sheriff, or constable.
2.
A security force for a state agency or other governmental unit.
3.
An individual holding police power by virtue of occupying another position or office.
(2) “Next of kin” means an individual who is the surviving spouse, partner, parent, or the individual legally entitled to the remains of a deceased person.
(3) “Person” means any of the following:
a.
A volunteer or paid member of a fire department in this state.
b.
A law-enforcement officer.
c.
A uniformed member of the Delaware National Guard.
§ 6002F.
Eligibility.
(b) The next of kin of a deceased person is entitled to a flag if all of the following criteria are met:
(1) The person has provided at least 10 years of service to this state in at least 1 of the entities listed under § 6001F of this title.
Service in more than 1 entity may be combined in calculating the 10-year threshold.
(2) The person dies in the line of duty or while an active member of at least 1 of the entities listed under § 6001F of this title.
(3) The next of kin requests a flag from the appropriate entity under § 6003F of this title.
§ 6003F.
Distribution.
(c) On the request of a next of kin, the following entities shall provide a flag under this section:
(1) The Delaware Volunteer Firefighters Association, if the person served as a volunteer or paid member of a fire department in this state.
(2) The Department of Safety and Homeland Security, if the person served as a police officer.
(3) The Delaware National Guard, if the person served as a member of the Delaware National Guard.
LC :
HVW :
CM Page 2 of 3 Released:
04/10/2024 04:23 PM Section 2.
This Act applies to a request for a flag under Chapter 60F of Title 29 made on or after [the date of enactment of this Act].
SYNOPSIS This Act provides that the next of kin of a deceased police officer, member of a fire department, or member of the Delaware National Guard is entitled to a Delaware state flag if the deceased person served in at least 1 qualifying entity for at least 10 years and died in the line of duty or while an active member.
This Act is a substitute for and differs from Senate Bill No.
221 in the following ways:
- Applies to Delaware state flags only.
- Removes language that referenced draping a flag over a casket at the deceased person's funeral service.
- Removes auxiliary members of a volunteer fire department or a member of service organization providing volunteer ambulance services from list of individuals who qualify for a flag.
- Uses the broader term "law-enforcement officer" and clarifies the definition.
- Clarifies that a firefighter may be either paid or volunteer to qualify for a flag.
- Names the following entities as responsible for providing flags:
the Delaware Volunteer Firefighters Association for firefighters, the Department of Safety and Homeland Security for police officers, and the Delaware National Guard for their members.
CM Page 1 of 1 Released:
CM Page 3 of 3 Released:
04/23/2024 10:24 AM 5081520184
04/10/2024 04:23 PM 5081520168
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Action History

  1. Signed by Governor

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

  3. Reported Out of Committee (Administration) in House with 1 Favorable, 4 On Its Merits

  4. Assigned to Administration Committee in House

  5. Passed By Senate. Votes: 21 YES

  6. Amendment SA 2 to SS 1 - Passed By Senate. Votes: 21 YES

  7. Amendment SA 1 to SS 1 - Stricken in Senate

  8. Amendment SA 2 to SS 1 - Introduced and Placed With Bill

  9. Reported Out of Committee (Elections & Government Affairs) in Senate with 5 On Its Merits

  10. Amendment SA 1 to SS 1 - Introduced and Placed With Bill

  11. Adopted in lieu of the original bill SB 221, and Assigned to Elections & Government Affairs Committee in Senate

Sponsors

Sponsorship breakdown

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16 sponsors · 0 co-sponsors · 46 not signed on

Sponsors (16)

Co-sponsors (0)

None.

Not signed on (46)

46 members have not signed on to this bill.

Show all 46 →

"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 40 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 7000
Democratic 20000
Republican 13001
Total 40001
% of votes cast 98%0%0%2%
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 Not Voting
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 21 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 13000
Republican 6000
Unaffiliated 2000
Total 21000
% of votes cast 100%0%0%0%
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 Yea
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 veterans
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 221 do?
This Act provides that the next of kin of a deceased police officer, member of a fire department, or member of the Delaware National Guard is entitled to a Delaware state flag if the deceased person served in at least 1 qualifying entity for at least 10 years and died in the line of duty or while an active member. This Act is a substitute for and differs from Senate Bill No. 221 in the following ways: - Applies to Delaware state flags only. - Removes language that referenced draping a flag over a casket at the deceased person's funeral service. - Removes auxiliary members of a volunteer fire department or a member of service organization providing volunteer ambulance services from list of individuals who qualify for a flag. - Uses the broader term "law-enforcement officer" and clarifies the definition. - Clarifies that a firefighter may be either paid or volunteer to qualify for a flag. - Names the following entities as responsible for providing flags: the Delaware Volunteer Firefighters Association for firefighters, the Department of Safety and Homeland Security for police officers, and the Delaware National Guard for their members.
Who sponsors SB 221?
SB 221 is sponsored by Stell Parker Selby, Lyndon D. Yearick (Republican), Bryan Townsend (Democratic), Daniel B. Short (Republican), Laura V. Sturgeon (Democratic), Kerri Evelyn Harris (Democratic), Darius J. Brown (Democratic), Brian Pettyjohn (Republican), Spiros Mantzavinos (Democratic), Russell Huxtable (Democratic), Franklin D. Cooke (Democratic), Bryan W. Shupe (Republican), David L. Wilson (Republican), Valerie Longhurst, Paul S. Baumbach, and Michael Ramone.
What is the current status of SB 221?
This bill has been enacted into law. Introduced April 11, 2024. Enacted.
Where can I track SB 221?
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