CHAPTER 374

AN ACT TO CREATE THE BOARD OF TRUSTEES OF THE DELAWARE INSTITUTE OF TECHNOLOGY, TO EMPOWER THE BOARD TO OPERATE LEARNING INSTITUTIONS AND TO MAKE A SUPPLEMENTARY APPROPRIATION THEREFOR.

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

Section 1. Title 14, Delaware Code, is amended by adding thereto a new Part to read:

PART VI. DELAWARE INSTITUTE OF TECHNOLOGY

CHAPTER 91. DELAWARE INSTITUTE OF TECHNOLOGY

§ 9101. Definitions

As used in this chapter—

"Board" means the Board of Trustees of the Delaware Institute of Technology.

"The Institute" means the Delaware Institute of Technology.

"Institution" means such institutions of higher learning as may be from time to time established by the Board.

§ 9102. Creation of Board

There shall be a Board of Trustees of the Delaware Institute of Technology which shall be a state agency.

§ 9103. Composition; qualifications; chairman; appointment; term; compensation; vacancy; quorum

(a) The Board of Trustees shall consist of 7 Trustees. by and with the consent of a majority of the members elected to the Senate.

(b) The Trustees shall be appointed by the Governor

(c) Six Trustees shall be appointed for terms of 3 years each, commencing, in each case, from the date of appointment. The 6 Trustees appointed for a term of 3 years shall reside: 1 in the City of Wilmington, 1 in the remainder of New Castle County, 1 in Kent County and 1 in Sussex County. The other 2 members may reside anywhere in the state. The seventh member may reside anywhere in the state; shall serve at the pleasure of the Governor and shall be Chairman of the Board. He may be removed at any time by the Governor and shall serve until he is removed by the Governor.

(d) No more than 4 Trustees shall be members of the same political party.

(e) Each Trustee shall be a citizen of the United States, a qualified voter of this state and a resident of this state for at least 3 years preceding his appointment.

(f) A Trustee shall continue to reside in the political subdivision of which he was a resident at the time of his appointment.

(g) In case of a vacancy on the Board for any reason other than expiration of the term of office, the Governor shall fill such vacancy for the unexpired term by and with the consent of a majority of the members elected to the Senate.

(h) No member of the Board shall receive any compensation for his duties except that he may receive his actual travel expenses.

() Four members of the Board shall constitute a quorum. A majority of the members present at any meeting and constituting a quorum shall be sufficient for any action by the Board.

§ 9104. Purpose and object

The purpose of The Institute shall be to operate public institutions of learning for persons who have graduated from high school or who are unable to attend public high schools.

§ 9105. Powers and duties of Board

(a) The Board may establish such institutions of learning throughout the State as may be necessary to effectuate the purposes of this chapter.

(b) The Board shall have custody of and be responsible for the property of the Institutions and shall be responsible for the management and control of said Institutions.

(c) For the effectuation of the purposes of this chapter, the Board, in addition to such other powers expressly granted to it by this chapter, shall have the following powers:

(1) To select such officers, except the Chairman, as it may deem desirable, from among its own membership;

(2) To adopt or change the name of the Institutions established by it;

(3) To adopt and use a seal;

(4) To sue and be sued;

(5) To determine the educational program of the Institutions;

(6) To appoint members of the administrative and teaching staffs of the Institutions and to fix their compensation and terms of employment;

(7) To appoint or employ such other officers of the Institutions, agents and employees as may be required to carry out the provisions of this chapter and to fix and determine their qualifications, duties, compensation, terms of office or employment and all other terms and conditions of employment;

(8) To fix schedules of tuition rates and fees for educational services at the Institutions;

(0) To grant diplomas, certificates or degrees;

(10) To enter into contracts;

(11) To accept from any government or governmental agency, or from any other public or private body, or from any other source, grants or contributions of money or property (conditional or otherwise) which the Board may use for or in aid of any of its purposes;

(12) To acquire (by gift, purchase, condemnation or otherwise), own, lease, use and operate property, whether real, personal or mixed, or any interest therein, which is necessary or desirable for educational purposes;

(13) To determine that any property owned by the Institute is no longer necessary for educational purposes and to dispose of the same in such manner and upon such terms and conditions as shall be established by it;

(14) To make and promulgate such rules and regulations, not inconsistent with the provisions of this chapter, that are necessary and proper for the administration and operation of The Institutions and for the conduct of the business of the Board;

(15) To exercise all other powers not inconsistent with the provisions of this chapter, which may be reasonably necessary or incidental to the establishment, maintenance and operation of higher learning institutions;

(16) To employ such persons as deemed desirable.

§ 1906. Transfer of property

Within applicable provisions of law, any department or agency of the state government, and any subdivision of the state may sell, give, lease, or otherwise make available any of its property to, or for use by, the Board.

§ 1907. Donations; misnomer

Devises, bequests, grants and gifts to The Institute or any of its Institutions shall not be avoided by any misnomer, if the description can be understood with reasonable certainty.

§ 1908. Treasurer's bond

The Treasurer of the Board shall give bond with good and sufficient security to the State in the sum of $10,000, conditioned for the faithful application of all the monies received. The bond shall be approved by the Trustees and shall be deposited in the office of the Secretary of State.

Section 2. The original appointments of the members of the Board authorized to be appointed by this act for a fixed term shall be staggered so that 2 Trustees shall be appointed for a term of 1 year, 2 Trustees shall be appointed for a term of 2 years and 2 Trustees shall be appointed for a term of 3 years as provided in this act.

Section 3. The Board appointed pursuant to this act shall report to the Governor and to the General Assembly before January 3, 1967 of its progress and of its recommendations for the establishment of institutions of higher education.

Section 4. The sum of $50,000 is appropriated to the Board of Trustees of the Delaware Institute of Technology for the fiscal year ending June 30, 1967, for effectuating the purposes of this act.

Section 5. This Act is a supplementary appropriation and the money appropriated shall be paid by the State Treasurer out of funds in the General Fund of the State of Delaware, not otherwise appropriated.

Approved June 9, 1966.