DelawareSB 4153rd General Assembly (2024–2026)Senate

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE OFFICE OF INSPECTOR GENERAL.

Sponsored By: Laura V. Sturgeon (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 2 benefits, 0 costs, 3 mixed.

Delaware creates an independent state watchdog

The law immediately creates an independent, nonpartisan Office of Inspector General to investigate fraud, waste, corruption, and misuse of state resources. Lawmakers must provide enough funding for effective, independent work, but the law sets no dollar amount. Oversight covers state bodies, including school districts; lawmakers are covered only for resource management and routine administration. Legislative functions and legislative disciplinary powers are excluded; counties, municipalities, and courts generally remain outside this oversight. The Inspector General hires a deputy and qualified staff and can hire outside experts and lawyers. Investigative staff must earn Association of Inspectors General certification in investigation, auditing, or evaluation within 3 years of hire. The office and State Public Integrity Commission are exempt from specified requirements to use state-provided legal services. The Auditor keeps sole authority to select audit accountants, but that rule does not limit watchdog staff or experts investigating complaints. The law creates no direct household payment, tax change, or new fee.

Public findings require state agency follow-up

After each complaint investigation, the Inspector General must publish findings and recommendations and send the decision to the complainant and agency. Agencies and affected employees or contractors get a chance to respond first, but cannot block or delay publication. Decisions must protect confidential information; cleared employees or contractors cannot be named without written permission. Agencies must report requested follow-up actions or explain why they did not follow recommendations. Evidence of crime goes to the Department of Justice and other law enforcement. When Justice declines civil action on a significant issue, the Inspector General can bring an authorized civil case for the State. The office must coordinate with the Attorney General, Auditor, Public Integrity Commission, and other investigators to avoid duplicate work. By March 1 each year, it must publish and send state officials and archives a report covering complaints, investigations, major findings, and unresolved concerns.

Delaware watchdog gets protections and limits

A 12-member public selection panel sends 3 candidates to the Governor, who selects 1 for Senate confirmation. Confirmation requires a majority of elected senators; the panel follows state open-records and open-meeting law. The Attorney General chairs the panel, which includes legislative, state, civic, professional, and Governor-appointed public representatives. The Secretary of State must convene the first panel within 60 days of enactment. Later panels meet at least 90 days before a term ends, or as soon as practical after a midterm vacancy. Former statewide officeholders, legislators, Cabinet-level officials, and division directors must wait 3 years after leaving those jobs before nomination. The division-director restriction does not apply to Deputy Attorneys General. The Inspector General serves a renewable 5-year term, with no salary reduction, and stays until a reappointment or successor is confirmed. The officeholder must give 6 months' notice about seeking reappointment. The Governor must remove an Inspector General convicted of an infamous crime or misbehavior in office. Removal for a state Code of Conduct violation requires the Governor's recommendation and a two-thirds vote in each legislative chamber. The Inspector General must resign before running for public office; filing, forming a candidate committee, or announcing candidacy creates a vacancy.

Free state complaints with investigation limits

Anyone can file a complaint about state resource abuse, business dealings, or whistleblower retaliation; filing and investigation are free. The office must provide a toll-free number, website, email, mailing address, and procedures for handling complaints. The Inspector General must remain impartial, not act as either side's advocate, and explain any decision to decline investigation. Employee disputes qualify only when they directly concern fraud, waste, mismanagement, corruption, or other resource abuse harming the public interest. Investigators can inspect and copy relevant records, including contractor and grantee records, and interview witnesses. Agencies must supply requested records within 5 business days of a written demand and help obtain releases for restricted or privileged documents. The Inspector General can administer oaths, subpoena testimony and documents, and seek court enforcement.

Private investigations protect identities, limit access

Investigation records and related communications are confidential and exempt from Delaware's public-records law. The Inspector General must protect complainants and people who provide information and adopt confidentiality procedures. Sharing is allowed only as reasonably needed for authorized purposes, including official duties, preventing serious harm, or preventing or reporting crimes. Court orders and subpoenas also permit disclosure; information protected by other laws remains protected except as needed for an authorized purpose.

Sponsors & Cosponsors

Sponsor

Laura V. Sturgeon
Democratic • Senate

Cosponsors

Frank Burns
Democratic • House
Timothy D. Dukes
Republican • House
Mara Gorman
Democratic • House
Stephanie L. Hansen
Democratic • Senate
Gerald W. Hocker
Republican • Senate
Kyra L. Hoffner
Democratic • Senate
Russell Huxtable
Democratic • Senate
Kamela T Smith
Democratic • House
Larry Lambert
Democratic • House
Dave G. Lawson
Republican • Senate
S. Elizabeth Lockman
Democratic • Senate
Eric Morrison
Democratic • House
Brian Pettyjohn
Republican • Senate
Sophie Phillips
Democratic • House
Marie Pinkney
Democratic • Senate
Bryant L. Richardson
Republican • Senate
Cyndie Romer
Democratic • House
Melanie Ross Levin
Democratic • House
Ray Seigfried
Democratic • Senate
Claire Snyder-Hall
Democratic • House
David P. Sokola
Democratic • Senate
Bryan Townsend
Democratic • Senate
Madinah Wilson-Anton
Democratic • House
Lyndon D. Yearick
Republican • House

Roll Call Votes

All Roll Calls

Yes: 50 • No: 1

House vote • 7/1/2025

Passed (SM required)

Yes: 30 • No: 1

Senate vote • 5/22/2025