CHAPTER 410

AN ACT TO AMEND SUBCHAPTER I, CHAPTER 47, TITLE 7, DELAWARE CODE, RELATING TO THE STATE PARK COMMISSION BY PROVIDING FOR EXPANDED FUNCTIONS IN THE AREA OF FINANCIAL ASSISTANCE TO RECREATION PROJECTS AND PROGRAMS, AND THE CREATION OF A RECREATION ADVISORY COUNCIL.

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

Section 1. Subchapter I, Chapter 47, Title 7, Delaware Code, is hereby amended by adding new sections 4706, 4707 and 4708 thereto, as follows:

§ 4706. Recreation assistance fund

(a) There is created and established under the jurisdiction and control of the Commission in order to implement Section 4707 and the purposes of this subchapter, an annual appropriation for grants-in-aid to be known as the Recreation Assistance Fund.

(b) There shall be paid into the Recreation Assistance Fund all monies appropriated by the State to the Commission for financial assistance to projects and programs of general public interest in the area of recreation, together with any other monies from any other source which may be made available to the Commission or the Fund for such purposes.

§ 4707. Financial assistance to approved projects and programs

(a) In the manner and form determined by Commission rules and regulations, any other governmental agency or established and responsible non-profit private organization working in the field of recreation within the State may apply to the Commission for financial assistance from the Recreation Assistance Fund for projects and programs of general public interest and benefit in the area of recreation; provided that applications shall not be made or approved for any capital construction or improvement.

(b) All applications must be specific. The burden shall be upon the applicant to clearly define the existing or proposed project or program and its financial need. No application shall be considered which does not comply in all respects with the pertinent rules of the Commission. The application must set forth all efforts previously undertaken to obtain financing from other sources and any income which the project or program does or will produce. The application must also demonstrate that the project or program complies with the standards of the Federal Civil Rights Act of 1964, Titles VI and VII.

(c) All applications for assistance shall receive initial review by the Advisory Council or a committee thereof, which shall make its recommendation thereon to the Commission. Final decision upon each application shall be by majority vote of the Commission.

(d) The Commission may, in its discretion, hold public hearings on the merits of a proposed project or program or the relative merits of two or more projects or programs.

(e) The decision of the Commission on the merits of an application shall be final and the conscientious exercise of its discretion shall not be subject to review. The Commission alone shall determine the best use of the monies available in the Recreation Assistance Fund, consistent with intents and purposes of this subchapter.

§ 4708. Recreation Advisory Council

(a) To advise and assist the Commission and its staff there shall be established a Recreation Advisory Council composed of interested citizens willing to donate their services to promote improved recreation projects and programs. The Council shall review applications to the Commission for financial assistance and shall counsel and guide the Commission in their use and distribution of monies from the Recreation Assistance Fund. The Council may review and make recommendations with respect to any other matters submitted to it by the Commission.

(b) The Council shall be composed of interested citizens who reflect a broad range of knowledge and skill in the fields of parks, conservation and recreation; its membership may in elude professional staff members of other governmental park, conservation and recreation agencies. Council members shall receive no compensation for their advisory services, but may be reimbursed for necessary expenses.

(c) The Council shall consist of 9 members, with one member appointed by each of the 8 following organizations:

(1) Community Services Council of Delaware, Inc.

(2) Delaware Recreation and Parks Society

(3) Association of Greater Wilmington Neighborhood Centers, Inc.

(4) New Castle County Department of Parks and Recreation

(5) Wilmington Department of Parks and Recreation.

(6) Levy Court of Kent County

(7) Levy Court of Sussex County

(8) State Department of Public Instruction

The ninth member shall be elected by a majority of the other members of the Council. In order to stagger the terms of members of the Council, the members of the Council appointed by the organizations named in paragraphs (1), (2) and (3) above shall serve an initial term of one year; the members appointed by the organizations named in paragraphs (4), (5) and (6) above shall serve an initial term of two years; and the members appointed by the organizations named in paragraphs (7) and (8) above, together with the member elected by the other members of the Council, shall serve an initial term of three years. As the initial terms terminate, subsequent members of the Council shall be appointed for terms of three years or until their successors shall have been appointed and qualified. If any member of the Council shall cease to serve for any reason prior to the end of his term, the organization that appointed such member shall appoint a successor to serve for the remainder of the unexpired term.

(d) The organizations entitled to appoint members of the Council shall do so by filing a written letter of appointment with the Commission.

(e) A quorum of the Council for the transaction of business shall consist of a majority of the members who have been, from time to time, appointed to serve on the Council, and who have not resigned, died, or otherwise formally terminated their relationship to the Council.

(f) The recommendations and conclusions of the Council shall not be binding upon the Commission, but shall be seriously considered in rendering its decision.

Approved May 31, 1968.

NOTE: This Act has been codified as Sections 4730-4732, Title 7, Delaware Code.