HB 367 — AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE PROVIDER ADVISORY BOARD AND THE EXTENDED LEARNING OPPORTUNITIES SUBCOMMITTEE.
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 March 28, 2024. 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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9 sponsors
9 primary, 0 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (3 R · 3 D) — cross-party backing.
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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 sunsets the Provider Advisory Board (“Board”) and is a result of the Joint Legislative Oversight and Sunset Committee's ("JLOSC") review of the Board. The Board was created in 2011 at JLOSC's recommendation when it reviewed the Office of Child Care Licensing ("OCCL"). The original purpose of the Board was to advise the OCCL regarding the adoption, promulgation, and amendment of rules and regulations required to carry out the Delaware Child Care Act, focusing on early care and education, family child care homes, and school age centers. In 2019, the Board's purpose was expanded to encourage OCCL to communicate with providers and encourage OCCL to enforce the Delaware Child Care Act in a manner that recognizes that most child care providers are private businesses that need stable and reasonable regulations. In 2020, both the Board and the OCCL were moved from the Department of Service for Children, Youth and their Families to the Department of Education. The move has increased the frequency of communication between licensed child care providers and agency units, including the Office of Early Learning and the Delaware Early Childhood Council. JLOSC sponsored Senate Bill No. 135 of the 152nd General Assembly, which added the Board's duties to those of the Delaware Early Childhood Council. Before and since SB 135 was enacted, the OCCL has adopted, promulgated, or amended regulations in the absence of the Board's advice. The OCCL is meeting the needs the Board was intended to address, without the Board's assistance. For these reasons, JLOSC concluded that the Board is not fulfilling its statutory duties or meeting a state need, and that the Board should be sunsetted. This Act therefore sunsets the Provider Advisory Board. Because the Extended Learning Opportunities Subcommittee included a member from the Board, this Act also replaces that member with a licensed provider that serves children not yet kindergarten age. Otherwise, sunsetting the Board would have the unintended consequence of making the subcommittee a member short. Separate legislation fulfills JLOSC's recommendation that a third center-based early care and education provider be added to the Delaware Early Childhood Council.
Bill Text
- Bill Text View text Current pdf
Action History
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Signed by Governor
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Passed By Senate. Votes: 21 YES
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Reported Out of Committee (Legislative Oversight & Sunset) in Senate with 5 On Its Merits
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Assigned to Legislative Oversight & Sunset Committee in Senate
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Passed By House. Votes: 39 YES 2 ABSENT
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Reported Out of Committee (Sunset Committee (Policy Analysis & Government Accountability)) in House with 1 Favorable, 4 On Its Merits
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Introduced and Assigned to Sunset Committee (Policy Analysis & Government Accountability) Committee in House
Sponsors
- Bryant L. Richardson · Primary
- Brian Pettyjohn · Primary
- Russell Huxtable · Primary
- Bryan Townsend · Primary
- Kendra Johnson · Primary
- Richard G. Collins · Primary
- Stell Parker Selby · Primary
- Sherry Dorsey Walker · Primary
- Peter C. Schwartzkopf · Primary
Sponsorship breakdown
Export CSV (upgrade) →9 sponsors · 0 co-sponsors · 53 not signed on
Sponsors (9)
- Bryant L. Richardson Republican
- Brian Pettyjohn Republican
- Russell Huxtable Democratic
- Bryan Townsend Democratic
- Kendra Johnson Democratic
- Richard G. Collins Republican
- Stell Parker Selby
- Sherry Dorsey Walker
- Peter C. Schwartzkopf
Co-sponsors (0)
None.
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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 13 | 0 | 0 | 0 |
| Republican | 6 | 0 | 0 | 0 |
| Unaffiliated | 2 | 0 | 0 | 0 |
| Total | 21 | 0 | 0 | 0 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 7 | 0 | 0 | 0 |
| Democratic | 19 | 0 | 0 | 1 |
| Republican | 13 | 0 | 0 | 1 |
| Total | 39 | 0 | 0 | 2 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (41)
Subjects
Frequently asked questions
- What does HB 367 do?
- This Act sunsets the Provider Advisory Board (“Board”) and is a result of the Joint Legislative Oversight and Sunset Committee's ("JLOSC") review of the Board. The Board was created in 2011 at JLOSC's recommendation when it reviewed the Office of Child Care Licensing ("OCCL"). The original purpose of the Board was to advise the OCCL regarding the adoption, promulgation, and amendment of rules and regulations required to carry out the Delaware Child Care Act, focusing on early care and education, family child care homes, and school age centers. In 2019, the Board's purpose was expanded to encourage OCCL to communicate with providers and encourage OCCL to enforce the Delaware Child Care Act in a manner that recognizes that most child care providers are private businesses that need stable and reasonable regulations. In 2020, both the Board and the OCCL were moved from the Department of Service for Children, Youth and their Families to the Department of Education. The move has increased the frequency of communication between licensed child care providers and agency units, including the Office of Early Learning and the Delaware Early Childhood Council. JLOSC sponsored Senate Bill No. 135 of the 152nd General Assembly, which added the Board's duties to those of the Delaware Early Childhood Council. Before and since SB 135 was enacted, the OCCL has adopted, promulgated, or amended regulations in the absence of the Board's advice. The OCCL is meeting the needs the Board was intended to address, without the Board's assistance. For these reasons, JLOSC concluded that the Board is not fulfilling its statutory duties or meeting a state need, and that the Board should be sunsetted. This Act therefore sunsets the Provider Advisory Board. Because the Extended Learning Opportunities Subcommittee included a member from the Board, this Act also replaces that member with a licensed provider that serves children not yet kindergarten age. Otherwise, sunsetting the Board would have the unintended consequence of making the subcommittee a member short. Separate legislation fulfills JLOSC's recommendation that a third center-based early care and education provider be added to the Delaware Early Childhood Council.
- Who sponsors HB 367?
- HB 367 is sponsored by Bryant L. Richardson (Republican), Brian Pettyjohn (Republican), Russell Huxtable (Democratic), Bryan Townsend (Democratic), Kendra Johnson (Democratic), Richard G. Collins (Republican), Stell Parker Selby, Sherry Dorsey Walker, and Peter C. Schwartzkopf.
- What is the current status of HB 367?
- This bill has been enacted into law. Introduced March 28, 2024. Enacted.
- Where can I track HB 367?
- Track HB 367 free on One Click Politics — get push/email alerts when it moves.
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