CHAPTER 140

FORMERLY

HOUSE BILL NO. 102

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO RESIDENCY REQUIREMENTS FOR CABINET SECRETARIES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. Amend subsection (a), § 7902, Title 29, Delaware Code, by adding at the end of the existing language in subsection (a) the following:

“The Secretary of the Department of Health and Social Services shall become a bona fide resident of the State within 6 months after his or her appointment; provided, however, that upon good cause shown, the Governor may grant an additional extension of 6 months. After becoming a resident of the State, the Secretary shall continuously be a resident of the State as long as he or she retains the office. Failure to obtain or retain such residency shall be an automatic resignation from said office.”

Section 2. Amend subsection (a), § 8002, Title 29, Delaware Code, by adding at the end of the existing language in subsection (a) the following:

“The Secretary of the Department of Natural Resources and Environmental Control shall become a bona fide resident of the State within 6 months after his or her appointment; provided, however, that upon good cause shown, the Governor may grant an additional extension of 6 months. After becoming a resident of the State, the Secretary shall continuously be a resident of the State as long as he or she retains the office. Failure to obtain or retain such residency shall be an automatic resignation from said office.”

Section 3. Amend subsection (a), § 8102, Title 29, Delaware Code, by adding at the end of the existing language in subsection (a) the following:

“The Secretary of the Department of Agriculture shall become a bona fide resident of the State within 6 months after his or her appointment; provided, however, that upon good cause shown, the Governor may grant an additional extension of 6 months. After becoming a resident of the State, the Secretary shall continuously be a resident of the State as long as he or she retains the office. Failure to obtain or retain such residency shall be an automatic resignation from said office.”

Section 4. Amend subsection (a), § 8202, Title 29, Delaware Code, by adding at the end of the existing language in subsection (a) the following:

“The Secretary of the Department of Public Safety shall become a bona fide resident of the State within 6 months after his or her appointment; provided, however, that upon good cause shown, the Governor may grant an additional extension of 6 months. After becoming a resident of the State, the Secretary shall continuously be a resident of the State as long as he or she retains the office. Failure to obtain or retain such residency shall be an automatic resignation from said office.”

Section 5. Amend subsection (a), § 8302, Title 29, Delaware Code, by adding at the end of the existing language in subsection (a) the following:

“The Secretary of the Department of Finance shall become a bona fide resident of the State within 6 months after his or her appointment; provided, however, that upon good cause shown, the Governor may grant an additional extension of 6 months. After becoming a resident of the State, the Secretary shall continuously be a resident of the State as long as he or she retains the office. Failure to obtain or retain such residency shall serve to terminate said office.”

Section 6. Amend subsection (a)(1), § 8403, Title 29, Delaware Code, by adding at the end of the existing language in subsection (a) the following:

“The Secretary of the Department of Transportation shall become a bona fide resident of the State within 6 months after his or her appointment; provided, however, that upon good cause shown, the Governor may grant an additional extension of 6 months. After becoming a resident of the State, the Secretary shall continuously be a resident of the State as long as he or she retains the office. Failure to obtain or retain such residency shall serve to terminate said office.”

Section 7. Amend subsection (a), § 8502, Title 29, Delaware Code, by adding at the end of the existing language in subsection (a) the following:

“The Secretary of the Department of Labor shall become a bona fide resident of the State within 6 months after his or her appointment; provided, however, that upon good cause shown, the Governor may grant an additional extension of 6 months. After becoming a resident of the State, the Secretary shall continuously be a resident of the State as long as he or she retains the office. Failure to obtain or retain such residency shall serve to terminate said office.”

Section 8. Amend subsection (a), § 8802, Title 29, Delaware Code, by adding at the end of the existing language in subsection (a) the following:

“The Secretary of the Department of Administrative Services shall become a bona fide resident of the State within 6 months after his or her appointment; provided, however, that upon good cause shown, the Governor may grant an additional extension of 6 months. After becoming a resident of the State, the Secretary shall continuously be a resident of the State as long as he or she retains the office. Failure to obtain or retain such residency shall be serve to terminate said office.”

Section 9. Amend subsection (a), § 8902, Title 29, Delaware Code, by adding at the end of the existing language in subsection (a) the following:

“The Commissioner of the Department of Correction shall become a bona fide resident of the State within 6 months after his or her appointment; provided, however, that upon good cause shown, the Governor may grant an additional extension of 6 months. After becoming a resident of the State, the Secretary shall continuously be a resident of the State as long as he or she retains the office. Failure to obtain or retain such residency shall serve to terminate said office.”

Section 10. Amend subsection (a), § 9004, Title 29, Delaware Code, by adding at the end of the existing language in subsection (a) the following:

“The Secretary of the Department of Services for Children, Youth and Their Families shall become a bona fide resident of the State within 6 months after his or her appointment; provided, however, that upon good cause shown, the Governor may grant an additional extension of 6 months. After becoming a resident of the State, the Secretary shall continuously be a resident of the State as long as he or she retains the office. Failure to obtain or retain such residency shall serve to terminate said office.”

Approved July 12,1999