Delaware 152nd General Assembly (2023-2024) Status: Enacted Bipartisan · 3 R · 3 D cosponsors

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

  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 28, 2024. 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.

  • 9 sponsors

    9 primary, 0 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (3 R · 3 D) — 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 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

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: 39 YES 2 ABSENT

  6. Reported Out of Committee (Sunset Committee (Policy Analysis & Government Accountability)) in House with 1 Favorable, 4 On Its Merits

  7. Introduced and Assigned to Sunset Committee (Policy Analysis & Government Accountability) Committee in House

Sponsors

Sponsorship breakdown

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9 sponsors · 0 co-sponsors · 53 not signed on

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.

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
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 →

SM

Passed 39 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 7000
Democratic 19001
Republican 13001
Total 39002
% of votes cast 95%0%0%5%
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 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 Yea
Charles S Postles Jr. Republican Yea
Daniel B. Short Republican Not Voting
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 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 →

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 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?
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