Delaware 152nd General Assembly (2023-2024) Status: Enacted Bipartisan · 4 D · 2 R cosponsors

SB 97 — AN ACT TO AMEND TITLE 1, TITLE 2, TITLE 3, TITLE 4, TITLE 5, TITLE 7, TITLE 12, TITLE 16, TITLE 25, TITLE 26, TITLE 27, TITLE 28, TITLE 29, TITLE 30, AND TITLE 31 OF THE DELAWARE CODE RELATING TO GENDER SILENCING THE DELAWARE CODE.

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 19, 2023. Enacted.

Odds of enactment

High chance

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

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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.

  • 10 sponsors

    10 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (4 D · 2 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

In 1995, the General Assembly directed the Code Revisors to gender neutralize or otherwise ensure that a solely masculine or feminine designation never occurs unless it could only apply to one gender. The Code Revisors followed this direction and worked to ensure that laws enacted after 1995 were gender neutralized during the codification process. The Code Revisors also began working through the Delaware Code in existence in 1995 to gender neutralize existing law, a process that is not yet complete. Since 1995, the more common legislative drafting technique is to draft laws so that they are gender silent. Gender silent drafting techniques include substituting the noun for which the masculine or feminine pronoun refers. Thus, instead of drafting a law to say, “The Governor may appoint an individual if he or she deems him or her qualified”, following gender silent techniques the law would say, “The Governor may appoint an individual if the Governor deems the individual qualified.” This technique has the added benefit of providing clarity as many times use of multiple masculine or feminine pronouns can result in confusion as to which noun the pronouns refer. This Act serves two purposes. First, Section 1 of this Act directs and authorizes the Code Revisors to use gender silent techniques to ensure masculine or feminine pronouns are not used in Delaware Code unless the usage requires otherwise. Second, the goal of Sections 2 through 141 of this Act is to complete the process of removing purely masculine pronouns by using gender silent techniques, except in instances where it could not be determined which noun the masculine pronoun applied to.

Bill Text

Action History

  1. Signed by Governor

  2. Passed By House. Votes: 37 YES 4 ABSENT

  3. Reported Out of Committee (Administration) in House with 5 On Its Merits

  4. Assigned to Administration Committee in House

  5. Passed By Senate. Votes: 19 YES 1 NO 1 ABSENT

  6. Reported Out of Committee (Executive) in Senate with 5 Favorable, 1 On Its Merits

  7. Introduced and Assigned to Executive Committee in Senate

Sponsors

Sponsorship breakdown

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10 sponsors · 0 co-sponsors · 52 not signed on · 1 voted No

Co-sponsors (0)

None.

Not signed on (52)

52 members have not signed on to this bill.

Show all 52 →

"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 37 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 8000
Democratic 18002
Republican 11002
Total 37004
% of votes cast 90%0%0%10%
How each member voted (41)
Member Party Vote
Michael Ramone — Yea
Paul S. Baumbach — Yea
Peter C. Schwartzkopf — Yea
Ruth Briggs King — 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 Not Voting
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 Not Voting
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 Not Voting
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 Not Voting
Richard G. Collins Republican Yea
Ronald E. Gray Republican Yea
Shannon Morris Republican Yea
Timothy D. Dukes Republican Yea

Official roll call →

SM

Passed 19 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 13000
Republican 4101
Unaffiliated 2000
Total 19101
% of votes cast 90%5%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 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 Nay
Dave G. Lawson Republican Not Voting
David L. Wilson Republican Yea
Eric Buckson Republican Yea
Gerald W. Hocker Republican Yea

Official roll call →

Subjects

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 97 do?
In 1995, the General Assembly directed the Code Revisors to gender neutralize or otherwise ensure that a solely masculine or feminine designation never occurs unless it could only apply to one gender. The Code Revisors followed this direction and worked to ensure that laws enacted after 1995 were gender neutralized during the codification process. The Code Revisors also began working through the Delaware Code in existence in 1995 to gender neutralize existing law, a process that is not yet complete. Since 1995, the more common legislative drafting technique is to draft laws so that they are gender silent. Gender silent drafting techniques include substituting the noun for which the masculine or feminine pronoun refers. Thus, instead of drafting a law to say, “The Governor may appoint an individual if he or she deems him or her qualified”, following gender silent techniques the law would say, “The Governor may appoint an individual if the Governor deems the individual qualified.” This technique has the added benefit of providing clarity as many times use of multiple masculine or feminine pronouns can result in confusion as to which noun the pronouns refer. This Act serves two purposes. First, Section 1 of this Act directs and authorizes the Code Revisors to use gender silent techniques to ensure masculine or feminine pronouns are not used in Delaware Code unless the usage requires otherwise. Second, the goal of Sections 2 through 141 of this Act is to complete the process of removing purely masculine pronouns by using gender silent techniques, except in instances where it could not be determined which noun the masculine pronoun applied to.
Who sponsors SB 97?
SB 97 is sponsored by Stell Parker Selby, Lyndon D. Yearick (Republican), Trey Paradee (Democratic), Brian Pettyjohn (Republican), S. Elizabeth Lockman (Democratic), Bryan Townsend (Democratic), David P. Sokola (Democratic), Peter C. Schwartzkopf, Valerie Longhurst, and Michael Ramone.
What is the current status of SB 97?
This bill has been enacted into law. Introduced April 19, 2023. Enacted.
Where can I track SB 97?
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