CHAPTER 295

FORMERLY

SENATE BILL NO. 368

AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DELMARVA ADVISORY COUNCIL.

WHEREAS, the Delmarva Advisory Council was organized in 1964 under and by virture of the efforts of Governor Elbert N. Carvel of Delaware, Governor J. Millard Tawes of Maryland, and Governor Albertis S. Harrison of Virginia; and

WHEREAS, the purpose of the Delmarva Advisory Council is "to advance the economic and cultural welfare of the people of the Delmarva Peninsula through advice, counsel, and assistance to governmental agencies and private organizations concerned with programs and activities to develop the resources and economic opportunities of the region"; and

WHEREAS, the Delmarva Advisory Council has, since its inception, effectively performed its role to foster inter-governmental cooperation and the resolution of conflict by providing a public forum for the coordination of planning and decision-making concerning issues which go beyond jurisdictional boundaries on the Delmarva peninsula; and

WHEREAS, the Delmarva Advisory Council, in addition, is the Economic Development Planning Council for the Economic Development Administration; and

WHEREAS, there is an increased need for the Delmarva Advisory Council to be an effective, positive force for the resolution of regional problems by the concerted action of the three states involved; and

WHEREAS, the Delmarva Advisory Council has demonstrated its capacity and capability to function as a viable organization in meeting the regional needs of to Delmarva Peninsula;

NOW, THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Title 29 of the Delaware Code by adding thereto a new Part XI, which new Part shall be entitled as follows:

"PART XI. AGENCIES FOR INTER-STATE COOPERATION"

Section 2. Amend Part XI, Title 29 of the Delaware Code by adding thereto a new chapter, designated as Chapter 111, which new chapter shall read as follows:

"CHAPTER 111. DELMARVA ADVISORY COUNCIL

§11101. Formation of Council

The Governor of this State is empowered to execute a compact or agreement on behalf of this State and the states of Virginia and Maryland, joining with them to form the Delmarva Advisory Council. The Council's rights. duties and functions shall be substantially as follows within this chapter.

§11102. Jurisdiction and Membership

(a) Upon enactment of similar legislation by the states of Maryland and Virginia, the Delmarva Advisory Council shall be established as a regional advisory council for the Delmarva peninsula. The Council shall be concerned with all of the Delmarva peninsula south of the Chesapeake and Delaware Canal. Such jurisdiction shall include all of Kent and Sussex Counties and a portion of New Castle County in Delaware; all of the counties of Kent, Queen Anne's, Caroline, Talbot, Dorchester, Wicomico, Worcester, and Somerset and a portion of Cecil County in Maryland; and all of Accomack and Northampton in Virginia.

(b) The membership of the Council shall consist of:

five members appointed by the Governors of Delaware, Maryland and Virginia; and

such other members from county and municipal governments, and from the private sector as may be established from time to time in the by-laws of the Council.

(c) Council members shall annually elect a chairman and such other officers as may be deemed necessary.

Members of the council shall serve without pay except that each shall be reimbursed for actual expenses incurred in the performance of their duties.

§11103. Rules and Regulations; Meetings

The Council shall hold quarterly meetings at a time and place designated by the Council, and shall hold additional meetings as are deemed necessary.

The Council shall hold not less than one meeting each year at which the public is given an opportunity to express views concerning regional issues.

The Council may adopt by-laws, rules and regulations for its governing and operation not inconsistent with this legislation or laws of the States of Delaware, Maryland and Virginia.

§11104. Duties and Responsibilities

The duties and responsibilities of the Council shall include, but are not limited to:

Assist in the identification of perceived regional problems and issues;

Assist to develop effective solutions for such problems and issues;

Assist in the resolution of such problems and issues in order to promote a balanced development to improve the economic conditions, quality of life, and environmental concerns of the people of the Delmarva Peninsula;

Advise the Governors, Secretaries, Legislature and other local and state agencies on options to solve regional and interstate problems and issues as pertaining to the Delmarva Peninsula;

Prepare and submit quarterly reports and furnish such reports as well as any requested studies by the Governors; and

Serve in an advisory capacity only.

§11105. Funding of the Council

The Council may accept gifts and grants from any individual, group, association, or corporation, or from the United States Government, subject to such limitations or conditions as may be provided by law.

The council shall employ such professional and clerical personnel and consultants as are necessary to perform such duties as may be lawful in accordance with this Chapter.

Notwithstanding any other provision of the Codes of the states of Delaware, Maryland and Virginia, the Delmarva Advisory Council shall receive annual funding by budget appropriation from the Legislatures of Delaware, Maryland and Virginia.

Section 3. The provisions of this legislation shall become effective only when passed by the Legislatures of Delaware, Maryland and Virginia and signed into law by the Governors of such of the said states. Duly authenticated copies of Section 2 of this Act shall, upon its approval by the Governor of this State, be transmitted to the Governors of the states of Virginia and Maryland.

Section 4. Nothing contained in this Act shall be construed as a limitation of powers of this State to enter into other interstate compacts or agreements relating to any issue or subject matter which may be within the jurisdiction of the Delmarva Advisory Council.

Approved June 30, 1984.