Delaware General Assembly

Out of Committee 5/14/25

Reported from Committee; to list ready for consideration (Ready List)

5/6/25

Sokola

Sen. Townsend, Lockman, Hocker, Pettyjohn
Reps. Minor-Brown, Harris, Osienski, Dukes, Spiegelman

AN ACT CONCURRING IN A PROPOSED AMENDMENT TO ARTICLE III OF THE DELAWARE CONSTITUTION RELATING TO MEMBERS OF THE GOVERNOR'S CABINET.

The governance of this State relies on the qualifications and performance of the members of the Governor’s cabinet. The General Assembly finds that the confirmation process is an important step to ensure the qualifications and performance of the Governor’s cabinet. This Act is the second leg of a constitutional amendment to require each holdover member of the Governor’s cabinet to be reconfirmed by the Senate at the beginning of each term of the Governor. The first leg of this constitutional amendment was Senate Bill No. 15 of the 152nd General Assembly, published in Chapter 278 of Volume 84 of the Laws of Delaware. On passage of this second leg by this General Assembly this amendment will become part of the Delaware Constitution. This Act defines members of the Governor’s cabinet as the principal officer of an executive department made subject to § 10 of Article III of the Delaware Constitution by an Act of the General Assembly. Senate Bill No. 16 of the 152nd General Assembly, which was enacted on September 30, 2024, and takes effect on the enactment of this Act, implements this Act by making the principal officer of the following executive departments subject to this constitutional requirement: (1) The Department of Education. (2) The Department of Military Affairs / Delaware National Guard. (3) The Office of Management and Budget. (4) The Department of Health and Social Services. (5) The Department of Natural Resources and Environmental Control. (6) The Department of Agriculture. (7) The Department of Safety and Homeland Security. (8) The Department of Finance. (9) The Department of Transportation. (10) The Department of Labor. (11) The Delaware State Housing Authority. (12) The Department of State. (13) The Department of Correction. (14) The Department of Services for Children, Youth and Their Families. (15) The Department of Technology and Information. (16) The Department of Human Resources. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act requires a greater than majority vote for passage because § 1 of Article XVI of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly when the General Assembly amends the Delaware Constitution.

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A First Leg amendment must be approved by the next General Assembly to become part of the Constitution. A Second Leg amendment becomes part of the Constitution upon passage of both Chambers of the subsequent General Assembly.

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