Delaware 151st General Assembly (2021-2022) Status: Enacted 3 D cosponsors

HB 367 — AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE STATE COUNCIL FOR PERSONS WITH DISABILITIES.

Last action — Signed by Governor

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 31, 2022. Enacted.

Prognosis

Likely to advance 82% · moderate 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

    2 primary, 7 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (3 D).

  • 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 makes the State Council for Persons with Disabilities consistent with current practice by revising its responsibilities to collect data regarding persons with disabilities. This Act also amends the members of the Council and clarifies the definition of “persons with disabilities”. 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

84 added · 7 removed

Plain-language change summary

The amendments to Bill HB 367 establish a State Council for Persons with Disabilities with a broader focus. The Council will now not only gather and share information about the needs and services for people with disabilities but will also serve as the primary body for brain injury issues in Delaware. This change is important because it centralizes resources and information, making it easier for individuals with disabilities to access the support they need. Additionally, technical corrections were made for clarity regarding the Council's name.

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Bennett HOUSE OF REPRESENTATIVES 151st GENERAL ASSEMBLY HOUSE AMENDMENT NO.
Bennett & Sen.
1 TO HOUSE BILL NO.
Poore Reps.
367 AMEND House Bill No.
Briggs King, Heffernan, Lambert, Smyk;
367 on line 44 by inserting “Advisory” after “Governor’s” and before “Council” therein.
Sens.
SYNOPSIS This Amendment makes a technical correction.
Ennis, Gay, Lopez HOUSE OF REPRESENTATIVES 151st GENERAL ASSEMBLY HOUSE BILL NO.
367 AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE STATE COUNCIL FOR PERSONS WITH DISABILITIES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1.
Amend Chapter 82, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
§ 8210.
State Council for Persons with Disabilities.
(a) There is hereby established a State Council for Persons with Disabilities.
(b) This Council shall have the following duties and responsibilities:
(7) Serve as a central state clearinghouse for Obtain, evaluate, and disseminate, as appropriate, information and data regarding:
a.
The current numbers of persons with disabilities and their needs;
b.
The location, provision and availability of services and programs for persons with disabilities;
c.
Any other relevant information and data about persons with disabilities which the council deems appropriate.
(10) Serve as the primary brain injury council for the State.
In furtherance of this role, the Council shall:
c.
Maintain a standing brain injury committee to facilitate prevention and centralized interdisciplinary planning, assessment assessment, and an approved service delivery system for individuals with brain injury comprised composed of the following members, or designees of such members:
4.
Director of the Division of Services for Aging and Adults with Physical Disabilities;
(d) This Council shall consist of the following members:
(1) The Secretary of Health and Social Services, or a designee of the Secretary;
(2) The Secretary of Labor, or a designee of the Secretary;
(3) The Secretary of Education, or a designee of the Secretary;
(4) The Secretary of Services to Children, Youth and Their Families, or a designee of the Secretary;
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03/30/2022 12:43 PM (5) The following councils, committees, agencies and organizations shall elect 1 of their members to serve as a member of the Council:
(6) Individuals appointed by Council to ensure that at least 50% of the total membership are individuals with disabilities or family members with disabilities.
At least 33% of the total membership shall be composed of individuals with disabilities.
a.
The Governor’s Advisory Council for Exceptional Citizens;
b.
Developmental Disabilities Council;
c.
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Governor’s Committee on Employment of Persons with Disabilities;
d.
Advisory Council to the Division of Developmental Disabilities Services;
e.
Advisory Council to the Division of Substance Abuse and Mental Health [see § 7909(a) of this title];
f.
Architectural Accessibility Board;
g.
Delaware Transit Corporation;
h.
Council on Services for Aging and Adults with Physical Disabilities;
i.
Advisory Council on Public Health [repealed];
j.
Council on Deaf and Hard of Hearing Equality;
k.
Criminal Justice Council;
l.
State Rehabilitation Advisory Council;
and m.
Other councils, committees, agencies and organizations as approved by both the State Council for Persons with Disabilities and the affected council, committee, agency or organization;
(5) The Secretary of Transportation, or a designee of the Secretary.
(6) The following councils, committees, agencies, and organizations shall designate a representative to serve as a member of the Council:
a.
Governor’s Council for Exceptional Citizens.
b.
Developmental Disabilities Council.
c.
Delaware Protection and Advocacy Agency as defined in §1102(7) of Title 16.
d.
Division of Developmental Disabilities Services.
e.
Division of Substance Abuse and Mental Health.
f.
Division for the Visually Impaired.
g.
Architectural Accessibility Board.
h.
Delaware Transit Corporation.
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Division of Services for Aging and Adults with Physical Disabilities.
j.
Division of Public Health.
k.
Delaware Office for the Deaf and Hard of Hearing.
l.
Delaware Statewide Americans with Disabilities Act Coordinator.
m.
State Rehabilitation Advisory Council for the Division of Vocational Rehabilitation.
n.
Other councils, committees, agencies and organizations as approved by both the State Council for Persons with Disabilities and the affected council, committee, agency or organization.
(7) Individuals appointed by Council to ensure that at least 50% of the total membership are individuals with disabilities or family members of individuals with disabilities.
At least 33% of the total membership shall be composed of individuals with disabilities.
(k) As used in this section, “persons with disabilities” means any person who has a physical or mental impairment which substantially limits 1 or more major life activities, has a record of such impairment.
a person who has a physical or mental impairment that substantially limits 1 or more major life activities, a person who has a history or record of such an impairment, or a person who is regarded by others as having such an impairment.
(l) For purposes of this section, the operations and activities of the Division for the Visually Impaired and the Governor’s Advisory Council on the Blind shall be exempt from the purview of the State Council for Persons with Disabilities.
[Repealed.] SYNOPSIS This Act makes the State Council for Persons with Disabilities consistent with current practice by revising its responsibilities to collect data regarding persons with disabilities.
This Act also amends the members of the Council and clarifies the definition of “persons with disabilities”.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
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Action History

  1. Signed by Governor

  2. Passed By Senate. Votes: 21 YES

  3. Reported Out of Committee (Legislative Oversight & Sunset) in Senate with 5 On Its Merits

  4. Assigned to Legislative Oversight & Sunset Committee in Senate

  5. Passed By House. Votes: 41 YES

  6. Amendment HA 2 to HB 367 - Passed In House by Voice Vote

  7. Amendment HA 1 to HB 367 - Passed In House by Voice Vote

  8. Amendment HA 1 to HB 367 - Introduced and Placed With Bill

  9. Reported Out of Committee (Public Safety & Homeland Security) in House with 8 Favorable

  10. Introduced and Assigned to Public Safety & Homeland Security Committee in House

Sponsors

Sponsorship breakdown

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2 sponsors · 7 co-sponsors · 53 not signed on

Sponsors (2)

Co-sponsors (7)

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 21 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Democratic 11000
Republican 5000
Total 21000
% of votes cast 100%0%0%0%
How each member voted (21)
Member Party Vote
Bruce C. Ennis — Yea
Colin Bonini — Yea
Ernesto B Lopez — Yea
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
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

Official roll call →

SM

Passed 41 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 16000
Republican 12000
Unaffiliated 13000
Total 41000
% of votes cast 100%0%0%0%
How each member voted (41)
Member Party Vote
Andria L. Bennett — Yea
Charles "Bud" M. Freel — Yea
David Bentz — Yea
John A. Kowalko — Yea
John L. Mitchell — Yea
Michael Ramone — Yea
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — 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
Eric Morrison Democratic Yea
Franklin D. Cooke Democratic Yea
Kendra Johnson 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
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 →

Subjects

civil-rights healthcare
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 HB 367 do?
This Act makes the State Council for Persons with Disabilities consistent with current practice by revising its responsibilities to collect data regarding persons with disabilities. This Act also amends the members of the Council and clarifies the definition of “persons with disabilities”. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Who sponsors HB 367?
HB 367 is sponsored by Kyle Evans Gay, Nicole Poore (Democratic), Debra Heffernan (Democratic), Larry Lambert (Democratic), Ruth Briggs King, Stephen Smyk, Bruce C. Ennis, Ernesto B Lopez, and Andria L. Bennett.
What is the current status of HB 367?
This bill has been enacted into law. Introduced March 31, 2022. Enacted.
Where can I track HB 367?
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