HB 310 — AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO THE CERTIFICATION OF ADOPTION OF SUSTAINABILITY AND TRANSPARENCY STANDARDS BY DELAWARE ENTITIES.
Last action — Signed by Governor
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 25, 2018. Enacted.
Odds of enactment
High chanceBased 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
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Enacted
Current position in the legislative process.
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31 sponsors
2 primary, 29 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (9 D · 6 R) — cross-party backing.
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Cleared a recorded vote
Passed 3 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
The Certification of Adoption of Sustainability and Transparency Standards Act (the “Act”) establishes a voluntary disclosure regime to foster dialogue around sustainability and responsibility among participating Delaware business entities and their various stakeholders. Because issues relating to sustainability and responsibility are fact-specific and fact-intensive and may vary greatly depending on, among other things, the size of the entity, the nature of its business and operations, and the industry in which it operates, the Act does not prescribe specific standards, measures of performance or criteria for evaluating performance. Rather, consistent with the enabling approach of Delaware business laws generally, the Act requires the governing body of each entity seeking certification under the Act to adopt principles, guidelines and standards to guide its business activities in a sustainable and responsible manner, as well as metrics for assessing whether it has met its objectives. Although Section 5003D of the Act grants the Secretary of State of the State of Delaware (the “Secretary of State”) the authority and discretion to provide the form of application for certification under the Act, the Act does not contemplate that State officers will make qualitative judgments regarding the standards or metrics that an entity adopts. The Act also does not contemplate or require that State officers determine qualitatively whether an entity has been operated in a sustainable and responsible manner. The Secretary of State's certification is focused on information acknowledged by an authorized representative of the entity regarding its adoption of procedures to operate sustainably and responsibly and its commitment to disclose, at least annually, such procedures. To that end, Section 5003D of the Act requires an entity applying for certification under the Act to make disclosures regarding the sustainability and responsibility standards it has adopted, the metrics it uses to evaluate whether it has met those standards, and its performance in meeting those standards. The Act is entirely voluntary. The decision whether to seek certification is in the sole discretion of each entity. The Act imposes no obligations on any Delaware entities that have not elected certification. (Of course, any person or entity that misrepresents an entity's certified status may be subject to civil or criminal fines or penalties.) The Act does not impose fines or penalties on entities that elect not to seek certification, nor does it impose penalties or fines on entities that, having become certified, fail to satisfy their own performance standards. Moreover, the Act specifies that fiduciary liability shall not be imposed as a result of, among other things, the decision whether or not to seek certification or the failure to meet specific sustainability and responsibility standards.
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: 39 YES 1 NO 1 NOT VOTING
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Passed By Senate. Votes: 13 YES 4 NO 4 NOT VOTING
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Lifted From Table in Senate
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Laid On Table in Senate
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Amendment SA 1 to HB 310 - Passed By Senate. Votes: 15 YES 1 NO 5 ABSENT
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Reported Out of Committee (Judicial & Community Affairs) in Senate with 1 Favorable, 2 On Its Merits
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Assigned to Judicial & Community Affairs Committee in Senate
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Passed By House. Votes: 37 YES 2 NO 2 ABSENT
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Amendment HA 2 to HB 310 - Passed In House by Voice Vote
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Amendment HA 1 to HB 310 - Passed In House by Voice Vote
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Amendment HA 2 to HB 310 - Introduced and Placed With Bill
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Amendment HA 1 to HB 310 - Introduced and Placed With Bill
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Reported Out of Committee (Judiciary) in House with 4 Favorable, 6 On Its Merits
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Introduced in House and Assigned to Judiciary Committee
Sponsors
- David P. Sokola · Cosponsor
- John "Jack" Walsh · Cosponsor
- Paul S. Baumbach · Cosponsor
- Margaret Rose Henry · Cosponsor
- Harris B. McDowell · Primary
- Melanie George Smith · Primary
- Stephanie T. Bolden · Cosponsor
- William J. Carson · Cosponsor
- Ronald E. Gray · Cosponsor
- Debra Heffernan · Cosponsor
- Edward S. Osienski · Cosponsor
- Trey Paradee · Cosponsor
- Daniel B. Short · Cosponsor
- Jeffrey N. Spiegelman · Cosponsor
- David L. Wilson · Cosponsor
- Lyndon D. Yearick · Cosponsor
- Kendra Johnson · Cosponsor
- Kendra Johnson · Cosponsor
- Daniel B. Short · Cosponsor
- John J. Viola · Cosponsor
- Peter C. Schwartzkopf · Cosponsor
- Charles Potter Jr. · Cosponsor
- Michael Mulrooney · Cosponsor
- John L. Mitchell · Cosponsor
- Valerie Longhurst · Cosponsor
- Harvey R. Kenton · Cosponsor
- Helene M. Keeley · Cosponsor
- Earl G. Jaques Jr. · Cosponsor
- Deborah Hudson · Cosponsor
- Gerald L. Brady · Cosponsor
- David Bentz · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →2 sponsors · 29 co-sponsors · 31 not signed on · 7 voted No
Sponsors (2)
Co-sponsors (29)
- David P. Sokola Democratic
- John "Jack" Walsh Democratic
- Paul S. Baumbach
- Margaret Rose Henry
- Stephanie T. Bolden Democratic
- William J. Carson Democratic
- Ronald E. Gray Republican
- Debra Heffernan Democratic
- Edward S. Osienski Democratic
- Trey Paradee Democratic
- Daniel B. Short Republican
- Jeffrey N. Spiegelman Republican
- David L. Wilson Republican
- Lyndon D. Yearick Republican
- Kendra Johnson Democratic
- Kendra Johnson Democratic
- Daniel B. Short Republican
- John J. Viola
- Peter C. Schwartzkopf
- Charles Potter Jr.
- Michael Mulrooney
- John L. Mitchell
- Valerie Longhurst
- Harvey R. Kenton
- Helene M. Keeley
- Earl G. Jaques Jr.
- Deborah Hudson
- Gerald L. Brady
- David Bentz
Not signed on (31)
31 members have not signed on to this bill.
Show all 31 →"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 |
|---|---|---|---|---|
| Unaffiliated | 24 | 0 | 0 | 1 |
| Democratic | 7 | 0 | 0 | 0 |
| Republican | 8 | 1 | 0 | 0 |
| Total | 39 | 1 | 0 | 1 |
| % of votes cast | 95% | 2% | 0% | 2% |
How each member voted (41)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 8 | 3 | 0 | 1 |
| Democratic | 5 | 0 | 0 | 0 |
| Republican | 0 | 1 | 0 | 3 |
| Total | 13 | 4 | 0 | 4 |
| % of votes cast | 62% | 19% | 0% | 19% |
How each member voted (21)
| Member | Party | Vote |
|---|---|---|
| Anthony Delcollo | — | Not Voting |
| Brian J. Bushweller | — | Yea |
| Bruce C. Ennis | — | Yea |
| Catherine Cloutier | — | Yea |
| Colin Bonini | — | Nay |
| David B. McBride | — | Yea |
| Ernesto B Lopez | — | Yea |
| F. Gary Simpson | — | Nay |
| Gregory F. Lavelle | — | Nay |
| Harris B. McDowell | — | Yea |
| Margaret Rose Henry | — | Yea |
| Robert Marshall | — | Yea |
| Bryan Townsend | Democratic | Yea |
| David P. Sokola | Democratic | Yea |
| John "Jack" Walsh | Democratic | Yea |
| Nicole Poore | Democratic | Yea |
| Stephanie L. Hansen | Democratic | Yea |
| Brian Pettyjohn | Republican | Not Voting |
| Bryant L. Richardson | Republican | Not Voting |
| Dave G. Lawson | Republican | Nay |
| Gerald W. Hocker | Republican | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 22 | 1 | 0 | 2 |
| Democratic | 6 | 1 | 0 | 0 |
| Republican | 9 | 0 | 0 | 0 |
| Total | 37 | 2 | 0 | 2 |
| % of votes cast | 90% | 5% | 0% | 5% |
How each member voted (41)
Subjects
Frequently asked questions
- What does HB 310 do?
- The Certification of Adoption of Sustainability and Transparency Standards Act (the “Act”) establishes a voluntary disclosure regime to foster dialogue around sustainability and responsibility among participating Delaware business entities and their various stakeholders. Because issues relating to sustainability and responsibility are fact-specific and fact-intensive and may vary greatly depending on, among other things, the size of the entity, the nature of its business and operations, and the industry in which it operates, the Act does not prescribe specific standards, measures of performance or criteria for evaluating performance. Rather, consistent with the enabling approach of Delaware business laws generally, the Act requires the governing body of each entity seeking certification under the Act to adopt principles, guidelines and standards to guide its business activities in a sustainable and responsible manner, as well as metrics for assessing whether it has met its objectives. Although Section 5003D of the Act grants the Secretary of State of the State of Delaware (the “Secretary of State”) the authority and discretion to provide the form of application for certification under the Act, the Act does not contemplate that State officers will make qualitative judgments regarding the standards or metrics that an entity adopts. The Act also does not contemplate or require that State officers determine qualitatively whether an entity has been operated in a sustainable and responsible manner. The Secretary of State's certification is focused on information acknowledged by an authorized representative of the entity regarding its adoption of procedures to operate sustainably and responsibly and its commitment to disclose, at least annually, such procedures. To that end, Section 5003D of the Act requires an entity applying for certification under the Act to make disclosures regarding the sustainability and responsibility standards it has adopted, the metrics it uses to evaluate whether it has met those standards, and its performance in meeting those standards. The Act is entirely voluntary. The decision whether to seek certification is in the sole discretion of each entity. The Act imposes no obligations on any Delaware entities that have not elected certification. (Of course, any person or entity that misrepresents an entity's certified status may be subject to civil or criminal fines or penalties.) The Act does not impose fines or penalties on entities that elect not to seek certification, nor does it impose penalties or fines on entities that, having become certified, fail to satisfy their own performance standards. Moreover, the Act specifies that fiduciary liability shall not be imposed as a result of, among other things, the decision whether or not to seek certification or the failure to meet specific sustainability and responsibility standards.
- Who sponsors HB 310?
- HB 310 is sponsored by David P. Sokola (Democratic), John "Jack" Walsh (Democratic), Paul S. Baumbach, Margaret Rose Henry, Harris B. McDowell, Melanie George Smith, Stephanie T. Bolden (Democratic), William J. Carson (Democratic), Ronald E. Gray (Republican), Debra Heffernan (Democratic), Edward S. Osienski (Democratic), Trey Paradee (Democratic), Daniel B. Short (Republican), Jeffrey N. Spiegelman (Republican), David L. Wilson (Republican), Lyndon D. Yearick (Republican), Kendra Johnson (Democratic), John J. Viola, Peter C. Schwartzkopf, Charles Potter Jr., Michael Mulrooney, John L. Mitchell, Valerie Longhurst, Harvey R. Kenton, Helene M. Keeley, Earl G. Jaques Jr., Deborah Hudson, Gerald L. Brady, and David Bentz.
- What is the current status of HB 310?
- This bill has been enacted into law. Introduced January 25, 2018. Enacted.
- Where can I track HB 310?
- Track HB 310 free on One Click Politics — get push/email alerts when it moves.
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