CHAPTER 372

FORMERLY

HOUSE BILL NO. 770

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLES 7 AND 29, DELAWARE CODE, RELATING TO TRANSFER OF THE POWERS, DUTIES AND FUNCTIONS OF FORESTRY FROM THE DIVISION OF PARKS, RECREATION AND FORESTRY OF THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL TO THE DEPARTMENT OF AGRICULTURE.

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

Section 1. Amend Chapters 29, 33 and 35, Title 7 of the Delaware Code by striking therefrom the words "Department of Natural Resources and Environmental Control" wherever the same appear in said Chapters and inserting in lieu thereof the words "Department of Agriculture."

Section 2. Amend Section 8003 (b), Title 29 of the Delaware Code by striking paragraph (2) of said subsection in its entirety and inserting in lieu thereof the subsection to read as follows :

"(2) A Director of the Division of Parks and Recreation who shall be known as the Director of Parks and Recreation and who shall be qualified by training and experience to perform the duties of his office."

Section 3. Amend Section 8007, Title 29 of the Delaware Code by striking the words "Division of Parks, Recreation and Forestry" wherever the same appear in said section and inserting in lieu thereof the words "Division of Parks and Recreation."

Section 4. Amend Section 8007, Title 29 of the Delaware Code by striking subparagraph (B) of paragraph (1) thereof.

Section 5. Amend Section 8008, Title 29 of the Delaware Code by striking the words "Director of Parks, Recreation and Forestry" wherever the same appears in said section and inserting in lieu thereof the words "Director of Parks and Recreation".

Section 6. Amend Section 8009, Title 29 of the Delaware Code by striking the words "Director of Parks, Recreation and Forestry" wherever the same appear in said section and inserting in lieu thereof the words "Director of Parks and Recreation."

Section 7. Section 8010, Title 29 of the Delaware Code is hereby repealed.

Section 8. Amend Section 8017, Title 29 of the Delaware Code by striking paragraph (3) and inserting in lieu thereof a new paragraph (3) to read as follows:

"(3) Director of Parks and Recreation"

Section 9. Amend Section 8018, Title 29 of the Delaware Code by striking the words "State Forestry Department, State Forestry Commission," as the same appear in lines 5 and 6 of said section.

Section 10. Amend Section 8101, Title 29 of the Delaware Code by striking paragraph (3) of subsection (a) thereof and inserting in lieu thereof a new paragraph (3) to read as follows:

"(3) The State Forestry Department and the State Forestry Commission pursuant to provisions of Chapters 29, 31, 33 and 35 of Title 7 and State Tree Nursery."

Section 11. Amend Chapter 81, Title 29 of the Delaware Code by adding thereto a new section to read as follows:

§ 8107 B. Council on Forestry

(a) There is established the Council on Forestry.

() The Council on Forestry shall serve in an advisory capacity to the Director of the Division of Production and Promotion and shall consider matters relating to the protection of State forest lands from fire, disease, and insect damage including the application of control measures, the establishment of forest growth on denuded or non-forested lands and such other matters as may be referred to it by the Governor, Secretary of the Department of Director of the Division of Production and Promotion. The Council may also study, research, plan and advise the Director, the Secretary, and the Governor on matters it deems appropriate to enable the Division to function in the best possible manner.

(c) The Council on Forestry shall be composed of 7 members who shall be appointed for 3 year terms by the Governor.

(d) At least 3, but no more than 4 of the members of the Council shall be affiliated with one of the major political parties and at least 2, but no more than 3, of the members of the Council shall be affiliated with the other major political party; provided, however, there shall be no more than a bare majority representation of one major political party over the other major political party. Any person who declines to announce his political affiliation shall also be eligible for appointment as a member of the Council.

(e) Members of the Council shall serve without compensation, except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council.

(f) A chairman of the Council shall be chosen by the members of the Council from among its members, and shall serve in that capacity for a term of 1 year and shall be eligible for reelection.

(g) Any replacement appointment, to the Council, to fill a vacancy prior to the expiration of a term, shall be filled for the remainder of the term."

Section 12. Amend Section 8111, Title 29 of the Delaware Code by adding after the word "Measures," as the same appears in line 5 of said section, the following words "the State Forestry Department, the State Forestry Commission,".

Section 13. All personnel, funds, property, books, records, papers, maps, charts, plans and other materials including, but not limited to, any equipment in the possession of any agency of the State and used in connection with the function hereby transferred to the Department of Agriculture shall on the effective date of this Act be delivered into the custody of the Department of Agriculture. The sums and employee positions to be transferred to the Department of Agriculture as contemplated by this Section must be approved by the Controller General and the Budget Director.

Section 14. The effective date of this Act shall be July 1, 1974.

Approved June 17, 1974.