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 implements the process of aligning the end of the term of each of the members of the Governor’s cabinet with the end of the Governor’s term by designating the principal officer of each executive department who is subject to the amendments to § 10 of Article III of the Delaware Constitution proposed by Senate Bill No. 15. The General Assembly’s intent in making this change is to require each member of the Governor’s cabinet to be reconfirmed by the Senate at the beginning of each term of a Governor. This Act also makes the following consistent: (1) The method of determining the annual salary of members of the Governor’s cabinet, by providing that the General Assembly is to set the salary in the annual appropriations act, thereby conforming the Delaware Code to current practice. (2) The preference for members of the Governor’s cabinet being residents of this State on appointment, by removing from the Delaware Code the preference for residency for the Secretary of the Department of Safety and Homeland Security, the Secretary of the Department of Finance, the Secretary of the Department of Transportation, the Secretary of Labor, the Housing Director of the Delaware State Housing Authority, and the Secretary of the Department of State. Residency requirements for members of the Governor’s cabinet are being removed from the Delaware Code by this Act and replaced with a notation that residency requirements are as provided in the Delaware Constitution. Residency requirements for members of the Governor’s cabinet will now be consistent, requiring the members to be residents of this State within at most 1 year after appointment and to remain residents of this State or be deemed resigned from office. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. Because the next General Assembly must concur in the proposed amendment to the Delaware Constitution, this Act does not take effect until the passage of the second leg of the constitutional amendment in the 153rd General Assembly.
Sponsored bills
This Act acknowledges the importance of diversity and inclusivity in education by requiring the Department of Education to update content standards and regulations using a non-exhaustive list of racial, ethnic, and cultural groups.
This Act eliminates the death penalty in Delaware. As such, the penalty for a person who is convicted of first-degree murder for an offense that was committed after the person’s 18th birthday is imprisonment for the remainder of the person’s natural life without benefit of probation or parole or any other reduction.
This bill enables the Delaware Nutrient Management Commission to regulate the application of nutrients to turf by commercial nutrient handlers. The law excludes athletic fields, golf courses, and land used in the production for sale of sod or seed and only applies to commercial nutrient handlers who are paid to apply such nutrients. This bill decreases the threshold of serviced acreage for which commercial nutrient handlers would need a certification to apply nutrients to turf. Allowing the Commission to oversee such conduct will further ensure that Delaware’s waterways are continually improved and maintained to meet or exceed federally mandated water quality standards, in the interest of the overall public welfare. Section 1 of the bill grants the Commission the authority to regulate the application of nutrients to turf and defines turf. Section 2 of the bill broadens the Commission’s pool of potential officers to any appointed member not just the five appointed by the Governor. Section 3 of the bill provides greater detail as to whom the Commission regulates regarding turf and when, as well as setting forth constraints as to when and how certain nutrients can be applied. The commission will reduce the threshold for regulated commercial nutrient handlers from 10 acres of service area to ¼ acre (10,890 sq ft). The definition of commercial nutrient handler is expanded. The requirement of a nutrient management plan is eliminated for areas falling within these newly established constraints. This bill also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act removes “supervision” from the scope of practice of a master’s social worker. This Act also prohibits a master’s social worker from providing supervision to a licensed clinical social worker applicant. The Board of Social Work Examiners (Board) determined that a master’s social worker lacks the education and experience needed to provide clinical supervision. Under this Act, an applicant for licensure as a licensed clinical social worker may still obtain supervision from a licensed psychologist or licensed psychiatrist where a licensed clinical social worker is not available, under the Board’s rules and regulations. This Act also adds a grandfathering provision so that an applicant or licensed clinical social worker who started or completed supervision with a master’s social worker on or before the enactment date of this Act satisfies the supervision requirement under § 3907(b)(4) of this title as long as the applicant or licensed clinical social worker is otherwise in compliance with § 3907(b)(4) of this title. The grandfathering provision also allows a master’s social worker who is supervising an applicant as of the enactment date of this Act to continue supervision under the applicant completes the 2-year supervised experience requirement.
This Act clarifies the Attorney General’s existing authority to enforce the State’s consumer protection laws, specifically the Attorney General’s ability to pursue non-penalty civil remedies, such as damages and restitution, without having to show that a person’s violation of a law or regulation enforced by the Department of Justice’s Division of Consumer Protection was wilful. This Act does not change the requirement that the Attorney General show that such a violation was wilful in order to obtain civil penalties from a court or hearing officer. Every other state that has a similar state of mind requirement in their consumer fraud law does not impose that state of mind requirement for non-penalty civil remedies. By harmonizing the language in the Consumer Fraud Act (Subchapter II, Chapter 25, Title 6 of the Code) and the Division of Consumer Protection’s enabling statute (Subchapter II, Chapter 25, Title 29 of the Code), this Act clarifies that Delaware is line with the other states. This Act also strikes outdated language in the Consumer Fraud Act requiring cases to be filed in specific counties, as the Superior Court and the Court of Chancery have both eliminated their historical county filing requirement. Additionally, this Act fixes inconsistencies with the Summary Cease and Desist Order process, by clarifying that an alleged violator must request a hearing in order to trigger the Division of Consumer Protection’s obligation to hold a hearing. This Act further clarifies the Summary Cease and Desist Order process, such as by making explicit the alleged violator’s right to postpone a hearing and final order, changing the various 10 day requirements to 15 business days, and removing the requirement for a complaint to accompany the original summary cease and desist order.
This Act changes Delaware’s law related to liability insurance for rental vehicles. Under the Act, the minimum level of coverage required for a vehicle owner’s policy of liability insurance under § 2902 of this title is also required for a vehicle owner’s rental of a vehicle. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act clarifies the Auditor of Account’s duties and powers by amending § 2901 of Title 29 to define “audit” to include performance audits, and by amending §§ 2906 and 2909 of Title 29 to change "postaudit" to "audit." This Act also clarifies that audits must be conducted using standards issued by the U.S. Government Accountability Office. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
This Act revises State procurement rules to require that beginning January 1, 2026, state agencies under Chapter 69 of Title 29 must purchase only native plants, including cultivars and hybrids of native plants, in the development of new landscaped areas and in the rehabilitation of exiting landscaped areas. Beginning January 1, 2025, the Department of Agriculture, with the advice of the Department of Natural Resources and Environmental Control and the Delaware Native Species Commission, must maintain a list of native plants that are generally available and appropriate for the needs of agencies. This Act provides exceptions to the requirement to purchase native plants, if the plant is not invasive and is being used for any of the following purposes: 1. Land purchased and managed as an historic property. 2. An appropriate habitat for zoo animals. 3. Agriculture. 4. Areas maintained as grass or turf, such as athletic fields, golf courses, lawns, and a right-of-way along a road. 5. Botanical gardens. 6. Ecological research. 7. Flowering annuals within landscape beds. 8. With the approval of the Department of Natural Resources and Environmental Control or the Department of Agriculture: wildlife plantings, land where a native species cannot thrive, and when necessary for trees. This Act also makes the Delaware Native Species Commission permanent.
Maddy summaryThis bill requires businesses selling third-party gift cards in Delaware to show customers a warning about potential scams. The law gives sellers the choice to display this notice either at the point of sale or at the gift card display area. By allowing distributors to decide where to place the warning, the bill aims to inform buyers about fraud risks without mandating a specific location for the message.