CHAPTER 158

AN ACT AMENDING TITLE 31, DELAWARE CODE, BY REPEALING CHAPTER 29 THEREOF, RELATING TO THE DELAWARE CITIZENS COUNCIL FOR THE AGING AND SUBSTITUTING IN LIEU THEREOF A NEW CHAPTER 29 PROVIDING FOR THE DELAWARE COMMISSION FOR THE AGING.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Chapter 29, Title 33., Delaware Code, is repealed and a new Chapter 29 is inserted in lieu thereof to read as follows :

CHAPTER 29. DELAWARE COMMISSION FOR THE AGING

§ 2901. Definitions

As used in this chapter:

"Commission" means the Delaware Commission for the Aging.

"Executive Director" means the Executive Director of the Delaware Commission for the Aging.

§ 2902. Functions of the Delaware Commission for the Aging

There shall be one State agency known as the Delaware Commission for the Aging whose function shall be to foster the formation of local community councils for aging and provide for cooperation with such community councils for aging as may be formed. The Commission shall provide for the issuance of reports and wide spread public dissemination of the activities. The Commissioner shall, where appropriate and not otherwise provided by law, receive and disburse on behalf of the State all moneys available to the State for programs and projects to benefit the aged including but not limited, to Federal funds.

§ 2903. Commission: appointment; qualifications; terms and vacancies

(a) The Commission shall consist of fifteen members appointed by the Governor.

() The members shall be citizens of the State who have demonstrated their interest in facilities and services for the aging. The Commission shall be broadly representative of the entire State, with special regard for lay participation, and including, insofar as possible, representatives of the following areas of interest in the major fields of service: education, guidance, business and labor, religion, family living, recreation and group work, physical health, mental health, social welfare, protection and correction.

(a) The members shall serve three-year terms except that of the members originally appointed, five shall serve terms of one year and five shall serve terms of two years.

(b) Any vacancy occurring in the Commission by reason of death, resignation or otherwise, shall be filled by the Governor for the unexpired term.

§ 2904. Executive Director; appointment; duties; assistants and employees

The Executive Director shall be a person qualified for the position by virtue of his education, training and extensive professional experience with the aged. The appointment of the Director and his salary and duties shall be determined by the Commission. The Commission may appoint such professional and technical and clerical assistants and employees as may be necessary to enable the Commission to perform the duties imposed upon it by this chapter.

In addition to the duties set forth in this chapter, the Executive Director shall perform such other duties as shall be assigned to him by the Commission.

§ 2905. Compensation of members of Commission; reimbursement of expenses

The members of the Commission shall serve without compensation, but they shall be entitled to be reimbursed for the necessary expenses, including travel incurred in the performance of their duties as members of the Commission.

§ 2906. Powers and duties of the Commission. The Commission shall:

(1) Maintain a continuous study, analysis and interpretation of all information, data, programs and developments pertaining to the aging processes and the needs of the older residents of Delaware;

(2) Maintain a continuous inventory of resources in any way available which can be drawn upon to carry out the program of the Commission in the performance of its functions and duties;

(3) Serve as the central permanent agency for the coordination of programs and services for the older residents in the State, particularly in respect to those to which multiple governmental agencies or private organizations may contribute;

(4) Provide leadership and administrative direction to such efforts from one central source so that those who need help or who may provide help on any of the aspects of aging shall have a central point of contact;

(5) Serve as a communications clearing house for information in the large and complex fields of human relationships in respect to aging;

(6) Shall have full and broad authority to provide adequate attention to the growing number of the aging residents in Delaware and to give every possible attention to and study of ways of meeting the needs and to utilizing the resources of the aging population and shall cooperate with other state and Federal agencies;

(7) Receive and disburse all funds available to the State from any source, including but not limited to the United States Government, to be used for the benefit of the aging, unless the receipt and disbursal of such funds is otherwise provided by law.

§ 2907. Oath; quorum; chairman

(a) Before entering upon the duties of the office, each member shall take and subscribe an oath or affirmation, as prescribed in Article XIV of the Constitution of this State.

(b) Five members shall constitute a quorum.

(c) The Commission shall elect a Chairman from among its membership.

§ 2908. Payment of accounts

All of the accounts of the Commission shall be paid by warrant drawn upon the State Treasurer and after approval by the Commission, signed by the Executive Director and countersigned by the chairman or acting chairman.

§ 2909. Annual report to the Governor and to the General Assembly

The Commission shall make an annual report to the Governor and to the General Assembly of its activities and operations and shall include its receipts and expenditures and such recommendations as it may deem appropriate in detail as to fully inform the Governor and the General Assembly or such other legally authorized agency of this State.

§ 2910. Misnomer of Commission in donation

Any misnomer of the Commission shall not defeat or annul any gift, grant, devise or request to the Commission if it sufficiently appears by the will, conveyance or other writing, that the party making the same intended to pass and convey thereby to the Commission the estate or interest therein expressed or described.

Approved June 16, 1965.