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SB15 • 2025

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

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

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Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Last action
2025-06-26
Official status
Passed By House. Votes: 40 YES 1 VACANT
Effective date
Not listed

Plain English Breakdown

The official source does not provide specific details on what happens if confirmation is denied, leaving this as a limitation.

Amending Delaware Constitution for Governor's Cabinet Confirmation

This act completes the process to amend Article III of the Delaware Constitution by requiring Senate confirmation of holdover members of the Governor’s cabinet at the start of each term.

What This Bill Does

  • Requires each member of the Governor’s cabinet who continues in their position from a previous governor's term to be reconfirmed by the Senate when a new governor starts their term.
  • Defines members of the Governor’s cabinet as the principal officers of specific executive departments listed in the bill.
  • Specifies that this constitutional amendment will take effect after both chambers of the General Assembly pass it with a two-thirds majority vote.

Who It Names or Affects

  • Members of the Governor’s cabinet who continue their positions from previous terms
  • The Delaware Senate, which will confirm these holdover members

Terms To Know

Holdover member
A person who continues to serve in a position after an election or change of leadership.
Confirmation process
The formal approval by the Senate for someone to hold a government office.

Limits and Unknowns

  • Does not specify what happens if confirmation is denied.
  • Only applies to specific executive departments listed in the bill.

Bill History

  1. 2025-06-26 Delaware General Assembly

    Passed By House. Votes: 40 YES 1 VACANT

  2. 2025-06-18 Delaware General Assembly

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

  3. 2025-05-21 Delaware General Assembly

    Assigned to Administration Committee in House

  4. 2025-05-20 Delaware General Assembly

    Passed By Senate. Votes: 20 YES 1 ABSENT

  5. 2025-05-14 Delaware General Assembly

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

  6. 2025-05-06 Delaware General Assembly

    Introduced and Assigned to Executive Committee in Senate

Official Summary Text

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.