HB 370 — AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DELAWARE ECONOMIC & FINANCIAL ADVISORY COUNCIL TO BE KNOWN AS THE DUPONT-COOK FINANCIAL RESPONSIBILITY ACT.
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 April 21, 2026. Enacted.
Signed by Governor Matt Meyer (Democratic) on June 03, 2026.
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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21 sponsors
21 primary, 0 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (13 D · 6 R) — 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.
In plain language
This bill formalizes the Delaware Economic & Financial Advisory Council's structure and operations.
The bill establishes the Delaware Economic & Financial Advisory Council, detailing its membership, duties, and meeting schedule. It aims to enhance transparency and continuity in financial advisory processes for the state.
What this means for you
- Workers: Workers may benefit from improved financial advisories that could influence state budget decisions impacting employment and services.
- Families: Families may experience indirect effects from the council's assessments on economic conditions and state expenditures.
- Small Business: This may provide more predictable economic conditions and financial advisory insights that affect small businesses.
Summary
This Act is a substitute for House Bill No. 370. This Act differs from HB 370 in that it adds a provision for the selection of the DEFAC Co-Chair, authorizes designees for the ex officio members, clarifies a provision relating to DEFAC meetings proceedings, and makes several technical corrections. This Act also differs from HB 370 by making the effective date July 1, 2026, or upon enactment, whichever is later. Like HB 370, this Act codifies the Delaware Economic & Financial Advisory Council (“DEFAC”) which was initially created by Executive Order No. 5 in March 3, 1977, and has continued through several executive orders issued since 1977. This Act is known and may be cited as the “DuPont-Cook Financial Responsibility Act.” The purpose of this Act is to preserve DEFAC’s structure under executive order while strengthening continuity, transparency, and clarity. DEFAC consists of at least 25, but no more than 34, members. The Speaker of the House of Representatives and the Senate Pro Tempore each appoint 2 members, 1 from each caucus. The Governor appoints the remaining members, from the public and private sectors, and must appoint at least 12 members. The following serve by virtue of their positions: the Controller General, Director of the Office of Management and Budget, Secretary of Finance, Secretary of State, Secretary of Transportation, Secretary of the Department of Health and Social Services, Joint Finance Committee Co-Chairs, and State Treasurer. The duties of DEFAC are as follows: (1) Meet in March, May, June, October, and December of each year, and on other occasions that the Governor or DEFAC Chair deem necessary. (2) Serve in a general advisory capacity to the Governor and Department of Finance. (3) Advise the Governor, Secretary of Finance, and Legislative Council on: (a) The overall financial condition of the State of Delaware. (b) Current and projected economic conditions and trends, particularly as they affect the expenditures and revenues of the State, its citizens, and its major industries. (c) The tax policy of the State and the impact of federal tax policies. (4) Submit to the Governor, Secretary of Finance, Controller General, and General Assembly, by the dates required under § 6534(a) of Title 29, the General Fund and Transportation Trust Fund revenue and expenditures. (5) Submit to the Governor, Secretary of Finance, Controller General, and General Assembly, not later than December 31 of each year, estimates on the General Fund and Transportation Trust Fund revenue and expenditures. (6) Perform other duties and responsibilities imposed upon it in the Delaware Code. (7) Prepare an annual report summarizing DEFAC’s activities throughout the year, including forecast accuracy and key fiscal risks identified, no later than December 31, for distribution to the Governor and General Assembly. This Act also establishes the DEFAC Healthcare Spending Benchmark Subcommittee. Under this Act, state agencies must provide DEFAC financial and staffing support.
Bill Text
What changed in the latest version
173 added · 35 removedPlain-language change summary
The bill has been amended to include additional sponsors, which reflects broader support for the legislation. Changes were made to specify that the Delaware Economic & Financial Advisory Council (DEFAC) is to be codified in law, ensuring its continued existence beyond its current status as an executive order. Furthermore, the amendments clarify the appointment of the Chair and Vice Chair of DEFAC, outline quorum requirements for meetings, and detail the obligations of the Department of Finance and other State agencies to provide support to DEFAC. These changes impact how DEFAC operates and ensures it has a defined structure and necessary resources.
Harris HOUSE& OFRep. REPRESENTATIVES 153rd GENERAL ASSEMBLY HOUSE AMENDMENT NO.
1Minor-Brown TO& HOUSERep. SUBSTITUTE NO.
Osienski & Rep.
Dukes & Rep.
Spiegelman & Sen.
Sokola & Sen.
Townsend & Sen.
Lockman & Sen.
Hocker & Sen.
Pettyjohn Reps.
Berry, Burns, Chukwuocha, Hilovsky, Morrison, Romer, Vanderwende, Gorman;
Sens.
Buckson, Hansen, Lawson, Richardson, Walsh, Wilson HOUSE OF REPRESENTATIVES 153rd GENERAL ASSEMBLY HOUSE SUBSTITUTE NO.
370 AN ACT TO AMEND HouseTITLE Substitute29 No.OF THE DELAWARE CODE RELATING TO THE DELAWARE ECONOMIC & FINANCIAL ADVISORY COUNCIL TO BE KNOWN AS THE DUPONT-COOK FINANCIAL RESPONSIBILITY ACT.
1WHEREAS, forthe HouseDelaware BillEconomic No.& Financial Advisory Council (“DEFAC”) was initially established in 1977 by Governor Pierre S.
370du onPont’s lineExecutive 3Order byNo. deleting “was envisioned” as it appears therein and inserting in lieu thereof “has become”.
FURTHER5; AMEND House Substitute No.
1and forWHEREAS, HouseDEFAC Billwas No.envisioned as a tool to improve the State’s fiscal management practices and to provide nonpartisan, objective revenue and expenditure estimates to the Governor and General Assembly;
370and onWHEREAS, linesa 22bipartisan commitment to balanced budgets and 24sound financial planning has fostered Delaware's reputation for fiscal prudence and budgetary restraint which has been further strengthened by deletingthe “chapter”availability asof itcredible, appearsnonpartisan, thereinand expert projections of the State's revenues and insertingexpenditures inand lieuof thereofimportant “subchapter”.national and state economic trends;
FURTHERand AMENDWHEREAS, HouseDEFAC Substitutehas No.for nearly 5 decades provided a sound basis upon which to make determinations regarding the State's operating and capital budgets, and helped ensure that the long-term fiscal implications of administrative, budgetary, and legislative alternatives are considered before those alternatives are adopted as state policy;
1and forWHEREAS, HouseDEFAC Billcurrently No.exists by executive order;
370and byWHEREAS, deletingit linesis 46in throughthe 47interest andof insertingthe inState lieufor thereof the following:General Assembly to codify DEFAC to ensure its continued existence.
“(b)(1)NOW, TheTHEREFORE: Governor shall appoint a Chair from among DEFAC’s members, who serves at the pleasure of the Governor.
(2)BE TheIT membersENACTED shallBY electTHE aGENERAL ViceASSEMBLY ChairOF fromTHE amongSTATE DEFAC’sOF members,DELAWARE: who serves a term of 2 years.
TheSection Vice1. Chair may call to order a DEFAC meeting that the Chair has scheduled and preside until the Chair arrives at that meeting.
TheAmend ViceSubchapter ChairIV, hasChapter no63, otherTitle duties29 orof authoritythe underDelaware thisCode subchapter.”.by making deletions as shown by strike through and insertions as shown by underline as follows:
FURTHERDLS AMEND: House Substitute No.
1HVW for: House Bill No.
370CM byPage inserting1 betweenof lines6 53Released: and 54 the following:
“(f)(1)04/21/2026 A11:15 majorityAM ofSubchapter theIV. members must be present at a DEFAC meeting in order to have a quorum and conduct official business.
AOffice vacancyof onInformation DEFACServices is[Repealed]. not counted to determine quorum.
(2)Delaware AEconomic motion& isFinancial passedAdvisory uponCouncil. an affirmative vote of the DEFAC members present at the meeting at which the vote is taken.”.
FURTHER§ AMEND6351. House Substitute No.
1Short forTitle. House Bill No.
370This bychapter deletingis linesknown 112and throughmay 117be andcited insertingas inthe lieu“DuPont-Cook thereofFinancial theResponsibility following:Act”.
“(a)§ Upon6352. an affirmative vote of DEFAC, the Department of Finance and other State agencies shall provide data, assistance, detailed financial reporting, and analysis support to DEFAC.
Purpose.
The purpose of this chapter is to preserve the Delaware Economic & Financial Advisory Council’s structure under executive order, while strengthening continuity, transparency, and clarity.
§ 6353.
Delaware Economic & Financial Advisory Council;
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establishment.
The Delaware Economic & Financial Advisory Council (“DEFAC”) is hereby established.
§ 6354.
Membership.
(a) DEFAC consists of at least 25, but no more than 34, members, including all of the following:
(1) Four members of the General Assembly, as follows:
a.
One member from each of the House of Representatives’ majority and minority caucuses, who the Speaker of the House of Representatives appoints.
b.
One member from each of the Senate’s majority and minority caucuses, who the President Pro Tempore of the Senate appoints.
(2) At least 12, but no more than 21, members who the Governor appoints from both the public and private sectors of the State's economy.
(3) The following ex officio members, who have the same rights, privileges, and duties as other members:
a.
The Controller General.
b.
The Director of the Office of Management and Budget.
c.
The Secretary of Finance.
d.
The Secretary of State.
e.
The Secretary of Transportation.
f.
The Secretary of the Department of Health and Social Services.
g.
The Joint Finance Committee Co-Chairs.
h.
The State Treasurer.
(b) The Governor shall appoint a Chair from among DEFAC’s members.
The members shall elect a Co-Chair from among DEFAC.
Both the Chair and Co-Chair serve for terms of 2 years.
(c) Each appointed member serves at the pleasure of that member’s appointing authority.
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04/21/2026 11:15 AM (d) If the total number of members drops below 25, the number of members may not remain below 25 for more than 3 months.
(e) An ex officio member may select a designee from the agency the member represents to serve in the member’s stead and at the member’s pleasure.
The ex officio member must provide the designation in writing to the Chair.
A designee has the same duties and rights as the ex officio member the designee represents.
§ 6355.
Duties.
DEFAC shall do all the following:
(1) Meet in March, May, June, October, and December of each year, and when the Governor or Chair deems necessary.
(2) Serve in a general advisory capacity to the Governor and the Department of Finance.
(3) Advise the Governor, the Secretary of Finance, and Legislative Council on all of the following:
a.
The overall financial condition of the State.
b.
Current and projected economic conditions and trends, particularly as the conditions and trends affect the expenditures and revenues of the State, its citizens, and its major industries.
c.
The tax policy of the State and the impact of federal tax policies.
(4) Submit to the Governor, the Secretary of Finance, the Controller General, and the General Assembly, by the dates required under § 6534(a) of this title, all of the following estimates:
a.
General Fund and Transportation Trust Fund revenue by major categories for the current fiscal year.
b.
General Fund and Transportation Trust Fund revenue by major categories for the succeeding 2 fiscal years.
c.
General Fund and Transportation Trust Fund expenditures for the current fiscal year and General Fund expenditures for the succeeding fiscal year.
(5) Submit to the Governor, the Secretary of Finance, the Controller General, and the General Assembly, not later than December 31 of each year, all of the following estimates:
a.
General Fund and Transportation Trust Fund revenue by major categories for 5 fiscal years, starting with the current fiscal year and including the next succeeding 4 fiscal years.
b.
General Fund expenditures for 4 fiscal years, starting with the current fiscal year and including the next succeeding 3 fiscal years.
(6) Perform other duties and responsibilities assigned to DEFAC under the Delaware Code, including all of the following:
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04/21/2026 11:15 AM 79 a.
The requirements under § 9903(k) of Title 16 and related duties imposed from time to time regarding the Delaware Health Care Spending Benchmark.
b.
The requirements under § 7423 of this title regarding statutory limits on the State’s indebtedness.
c.
The requirements under § 6533(i) of this title regarding the Benchmark Index and reporting of budgetary reserves, including the Budget Stabilization Fund.
d.
The requirements under § 6534(b)(3) of this title regarding reviewing tax preferences.
e.
The requirements under § 515(a) of Title 30 regarding inflation adjustment factor calculations.
(7) Prepare an annual report summarizing DEFAC’s activities throughout the year that the report covers, including forecast accuracy and key fiscal risks identified, no later than December 31, for distribution to the Governor, the Director and the Librarian of the Division of Legislative Services, and the Secretary of the Senate and the Chief Clerk of the House of Representatives for distribution to all members of the General Assembly.
§ 6356.
Proceedings.
(a) A majority of DEFAC members must be present at a meeting in order to have a quorum and conduct official business.
A quorum consists of a majority of the members.
A vacancy in membership is not counted for quorum.
(b) A roll call vote of all DEFAC members on each motion or resolution must be recorded as part of the minutes of the meeting in which the vote is taken, and is considered a matter of public record.
§ 6357.
DEFAC Health Care Spending Benchmark Subcommittee.
(a) The DEFAC Health Care Spending Benchmark Subcommittee (“Subcommittee”) is established.
(b) The Subcommittee consists of the following:
(1) A Subcommittee Chair and Vice Chair, each of whom must be a DEFAC member and have health care expertise.
The DEFAC Chair shall appoint the Subcommittee Chair and Vice Chair.
(2) Three existing DEFAC members, who the DEFAC Chair appoints.
(3) At least 1, but no more than 2, members representing health economists, who the Governor appoints.
(4) At least 1, but no more than 2, members representing quality improvement experts from 2 health care systems or hospitals that operate in the State, who the Governor appoints.
(5) Two members of the General Assembly, or their designee, to include 1 member who the Speaker of the House appoints and 1 member who the President Pro Tempore of the Senate appoints.
A designation must be provided in writing to the Chair.
A designee has the same duties and rights as the Subcommittee member the designee represents.
(c) Each Subcommittee member serves at the pleasure of that member’s appointing authority.
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04/21/2026 11:15 AM (d) The Subcommittee Chair shall call meetings of the Subcommittee.
The Vice Chair shall chair a Subcommittee meeting in the Chair’s absence.
§ 6358.
Cooperation of state agencies and others;
staffing and financial support.
(a) Each State agency must cooperate in providing data and assistance to DEFAC as the Chair may request.
DEFAC may call and rely upon the expertise of an individual or entity outside of DEFAC’s membership for research, advice, support, or another function necessary and appropriate to accomplish DEFAC’s mission.
(b) At the Chair’s request, the Department of Finance, or another state agency as appropriate, must provide staff support and reasonable financial support for the activities of DEFAC.
Section 2.
This Act takes effect July 1, 2026, or upon enactment, whichever occurs later.
SYNOPSIS This Act is a substitute for House Bill No.
370.
This Act differs from HB 370 in that it adds a provision for the selection of the DEFAC Co-Chair, authorizes designees for the ex officio members, clarifies a provision relating to DEFAC meetings proceedings, and makes several technical corrections.
This Act also differs from HB 370 by making the effective date July 1, 2026, or upon enactment, whichever is later.
Like HB 370, this Act codifies the Delaware Economic & Financial Advisory Council (“DEFAC”) which was initially created by Executive Order No.
5 in March 3, 1977, and has continued through several executive orders issued since 1977.
This Act is known and may be cited as the “DuPont-Cook Financial Responsibility Act.” The purpose of this Act is to preserve DEFAC’s structure under executive order while strengthening continuity, transparency, and clarity.
DEFAC consists of at least 25, but no more than 34, members.
The Speaker of the House of Representatives and the Senate Pro Tempore each appoint 2 members, 1 from each caucus.
The Governor appoints the remaining members, from the public and private sectors, and must appoint at least 12 members.
The following serve by virtue of their positions:
the Controller General, Director of the Office of Management and Budget, Secretary of Finance, Secretary of State, Secretary of Transportation, Secretary of the Department of Health and Social Services, Joint Finance Committee Co- Chairs, and State Treasurer.
The duties of DEFAC are as follows:
(1) Meet in March, May, June, October, and December of each year, and on other occasions that the Governor or DEFAC Chair deem necessary.
(2) Serve in a general advisory capacity to the Governor and Department of Finance.
(3) Advise the Governor, Secretary of Finance, and Legislative Council on:
(a) The overall financial condition of the State of Delaware.
(b) Current and projected economic conditions and trends, particularly as they affect the expenditures and revenues of the State, its citizens, and its major industries.
(c) The tax policy of the State and the impact of federal tax policies.
(4) Submit to the Governor, Secretary of Finance, Controller General, and General Assembly, by the dates required under § 6534(a) of Title 29, the General Fund and Transportation Trust Fund revenue and expenditures.
(5) Submit to the Governor, Secretary of Finance, Controller General, and General Assembly, not later than December 31 of each year, estimates on the General Fund and Transportation Trust Fund revenue and expenditures.
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04/23/202604/21/2026 10:2111:15 AM (b)(6) UponPerform aother requestduties of the Chair and theresponsibilities Secretaryimposed ofupon theit Departmentin of Finance, the DepartmentDelaware ofCode. Finance and other State agencies, as appropriate, shall provide staff support and reasonable financial support for the activities of DEFAC.”.
SYNOPSIS(7) ThisPrepare Amendmentan correctsannual "Co-Chair"report summarizing DEFAC’s activities throughout the year, including forecast accuracy and key fiscal risks identified, no later than December 31, for distribution to "Vicethe Chair";Governor and General Assembly.
clarifiesThis Act also establishes the ViceDEFAC Chair'sHealthcare selectionSpending andBenchmark duties;Subcommittee.
addsUnder athis proceduralAct, provisionstate foragencies meetings;must provide DEFAC financial and staffing support.
clarifies the data, assistance, and support that may be provided to DEFAC;
and makes technical corrections.
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04/23/202604/21/2026 10:2111:15 AM 50815302175081530203
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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 (Executive) in Senate with 5 Favorable, 1 On Its Merits
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Assigned to Executive Committee in Senate
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Passed By House. Votes: 35 YES 6 ABSENT
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Amendment HA 1 to HS 1 - Passed In House by Voice Vote
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Amendment HA 1 to HS 1 - Introduced and Placed With Bill
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was introduced and adopted in lieu of HB 370
Sponsors
- Stell Parker Selby · Primary
- David L. Wilson · Primary
- John "Jack" Walsh · Primary
- Dave G. Lawson · Primary
- Franklin D. Cooke · Primary
- Mara Gorman · Primary
- Jesse R. Vanderwende · Primary
- Cyndie Romer · Primary
- Eric Morrison · Primary
- Laura V. Sturgeon · Primary
- Bryant L. Richardson · Primary
- Brian Pettyjohn · Primary
- Josue O Ortega · Primary
- David P. Sokola · Primary
- Bryan Townsend · Primary
- Timothy D. Dukes · Primary
- Edward S. Osienski · Primary
- Trey Paradee · Primary
- Kerri Evelyn Harris · Primary
- Melanie Ross Levin · Primary
- Sarah McBride · Primary
Sponsorship breakdown
Export CSV (upgrade) →21 sponsors · 0 co-sponsors · 41 not signed on
Sponsors (21)
- Stell Parker Selby
- David L. Wilson Republican
- John "Jack" Walsh Democratic
- Dave G. Lawson Republican
- Franklin D. Cooke Democratic
- Mara Gorman Democratic
- Jesse R. Vanderwende Republican
- Cyndie Romer Democratic
- Eric Morrison Democratic
- Laura V. Sturgeon Democratic
- Bryant L. Richardson Republican
- Brian Pettyjohn Republican
- Josue O Ortega Democratic
- David P. Sokola Democratic
- Bryan Townsend Democratic
- Timothy D. Dukes Republican
- Edward S. Osienski Democratic
- Trey Paradee Democratic
- Kerri Evelyn Harris Democratic
- Melanie Ross Levin Democratic
- Sarah McBride
Co-sponsors (0)
None.
Not signed on (41)
41 members have not signed on to this bill.
Show all 41 →"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 | 15 | 0 | 0 | 0 |
| Republican | 6 | 0 | 0 | 0 |
| Total | 21 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (21)
| Member | Party | Vote |
|---|---|---|
| Bryan Townsend | Democratic | Yea |
| Daniel Cruce | 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 |
| Ray Seigfried | 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 |
|---|---|---|---|---|
| Democratic | 24 | 0 | 0 | 3 |
| Republican | 11 | 0 | 0 | 3 |
| Total | 35 | 0 | 0 | 6 |
| % of votes cast | 85% | 0% | 0% | 15% |
How each member voted (41)
| Member | Party | Vote |
|---|---|---|
| Alonna Berry | Democratic | Yea |
| Claire Snyder-Hall | Democratic | Yea |
| Cyndie Romer | Democratic | Yea |
| DeShanna U Neal | Democratic | Yea |
| Debra Heffernan | Democratic | Yea |
| Edward S. Osienski | Democratic | Yea |
| Eric Morrison | Democratic | Yea |
| Frank Burns | Democratic | Yea |
| Franklin D. Cooke | Democratic | Yea |
| Josue O Ortega | Democratic | Not Voting |
| Kamela T Smith | 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 |
| Mara Gorman | Democratic | Yea |
| Melanie Ross Levin | 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 | Not Voting |
| 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 | Yea |
| Jeff Hilovsky | Republican | Yea |
| Jeffrey N. Spiegelman | Republican | Yea |
| Jesse R. Vanderwende | Republican | Not Voting |
| Kevin S Hensley | Republican | Yea |
| Lyndon D. Yearick | Republican | Not Voting |
| Michael F. Smith | Republican | Yea |
| Richard G. Collins | Republican | Yea |
| Ronald E. Gray | Republican | Yea |
| Shannon Morris | Republican | Not Voting |
| Timothy D. Dukes | Republican | Yea |
| Valerie Jones Giltner | Republican | Yea |
Subjects
Frequently asked questions
- What does HB 370 do?
- This Act is a substitute for House Bill No. 370. This Act differs from HB 370 in that it adds a provision for the selection of the DEFAC Co-Chair, authorizes designees for the ex officio members, clarifies a provision relating to DEFAC meetings proceedings, and makes several technical corrections. This Act also differs from HB 370 by making the effective date July 1, 2026, or upon enactment, whichever is later. Like HB 370, this Act codifies the Delaware Economic & Financial Advisory Council (“DEFAC”) which was initially created by Executive Order No. 5 in March 3, 1977, and has continued through several executive orders issued since 1977. This Act is known and may be cited as the “DuPont-Cook Financial Responsibility Act.” The purpose of this Act is to preserve DEFAC’s structure under executive order while strengthening continuity, transparency, and clarity. DEFAC consists of at least 25, but no more than 34, members. The Speaker of the House of Representatives and the Senate Pro Tempore each appoint 2 members, 1 from each caucus. The Governor appoints the remaining members, from the public and private sectors, and must appoint at least 12 members. The following serve by virtue of their positions: the Controller General, Director of the Office of Management and Budget, Secretary of Finance, Secretary of State, Secretary of Transportation, Secretary of the Department of Health and Social Services, Joint Finance Committee Co-Chairs, and State Treasurer. The duties of DEFAC are as follows: (1) Meet in March, May, June, October, and December of each year, and on other occasions that the Governor or DEFAC Chair deem necessary. (2) Serve in a general advisory capacity to the Governor and Department of Finance. (3) Advise the Governor, Secretary of Finance, and Legislative Council on: (a) The overall financial condition of the State of Delaware. (b) Current and projected economic conditions and trends, particularly as they affect the expenditures and revenues of the State, its citizens, and its major industries. (c) The tax policy of the State and the impact of federal tax policies. (4) Submit to the Governor, Secretary of Finance, Controller General, and General Assembly, by the dates required under § 6534(a) of Title 29, the General Fund and Transportation Trust Fund revenue and expenditures. (5) Submit to the Governor, Secretary of Finance, Controller General, and General Assembly, not later than December 31 of each year, estimates on the General Fund and Transportation Trust Fund revenue and expenditures. (6) Perform other duties and responsibilities imposed upon it in the Delaware Code. (7) Prepare an annual report summarizing DEFAC’s activities throughout the year, including forecast accuracy and key fiscal risks identified, no later than December 31, for distribution to the Governor and General Assembly. This Act also establishes the DEFAC Healthcare Spending Benchmark Subcommittee. Under this Act, state agencies must provide DEFAC financial and staffing support.
- Who sponsors HB 370?
- HB 370 is sponsored by Stell Parker Selby, David L. Wilson (Republican), John "Jack" Walsh (Democratic), Dave G. Lawson (Republican), Franklin D. Cooke (Democratic), Mara Gorman (Democratic), Jesse R. Vanderwende (Republican), Cyndie Romer (Democratic), Eric Morrison (Democratic), Laura V. Sturgeon (Democratic), Bryant L. Richardson (Republican), Brian Pettyjohn (Republican), Josue O Ortega (Democratic), David P. Sokola (Democratic), Bryan Townsend (Democratic), Timothy D. Dukes (Republican), Edward S. Osienski (Democratic), Trey Paradee (Democratic), Kerri Evelyn Harris (Democratic), Melanie Ross Levin (Democratic), and Sarah McBride.
- What is the current status of HB 370?
- This bill has been enacted into law. Introduced April 21, 2026. Enacted.
- Where can I track HB 370?
- Track HB 370 free on One Click Politics — get push/email alerts when it moves.
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