1. (a) DEFAC consists of at least 25, but no more than 34, members, including all of the following:

   1. (1) Four members of the General Assembly, as follows:

      1. a. One member from each of the House of Representatives’ majority and minority caucuses, who the Speaker of the House of Representatives appoints.
      2. b. One member from each of the Senate’s majority and minority caucuses, who the President Pro Tempore of the Senate appoints.
   2. (2) At least 12, but no more than 21, members who the Governor appoints from both the public and private sectors of this State’s economy.

   3. (3) The following ex officio members, who have the same rights, privileges, and duties as other members:

      1. a. The Controller General.
      2. b. The Director of the Office of Management and Budget.
      3. c. The Secretary of Finance.
      4. d. The Secretary of State.
      5. e. The Secretary of Transportation.
      6. f. The Secretary of the Department of Health and Social Services.
      7. g. The Joint Finance Committee co-chairs.
      8. h. The State Treasurer.

2. (b) (1) The Governor shall appoint a chair from among DEFAC’s members, who serves at the pleasure of the Governor.

   1. (2) The members shall elect a vice chair from among DEFAC’s members, who serves a term of 2 years. The vice chair may call to order a DEFAC meeting that the chair has scheduled and preside until the chair arrives at that meeting. The vice chair has no other duties or authority under this subchapter.
3. (c) Each appointed member serves at the pleasure of that member’s appointing authority.
4. (d) If the total number of members drops below 25, the number of members may not remain below 25 for more than 3 months.
5. (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.

6. (f) (1) A majority of the members must be present at a DEFAC meeting in order to have a quorum and conduct official business. A vacancy on DEFAC is not counted to determine quorum.

   1. (2) A motion is passed upon an affirmative vote of the DEFAC members present at the meeting at which the vote is taken.

85 Del. Laws, c. 275, § 1