CHAPTER 467

FORMERLY

SENATE BILL NO. 530

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 11, TITLE 16, TITLE 29 AND TITLE 31 OF THE DELAWARE CODE TO CHANGE THE NAME OF THE DIVISION OF MENTAL HEALTH TO THE DIVISION OF ALCOHOLISM, DRUG ABUSE AND MENTAL HEALTH AND TO CREATE A NEW ADVISORY COUNCIL FOR THE DIVISION OF ALCOHOLISM, DRUG ABUSE AND MENTAL HEALTH.

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

Section 1. Amend §7903(a) (2) (b) and §7908 of Title 29 of the Delaware Code by striking the words "Division of Mental Health" and inserting "Division of Alcoholism, Drug Abuse and Mental Health" in lieu thereof.

Section 2. Amend §2203(6); §2203(7); §5161(7); §5161(7)(d); and 65303 of Title 16 of the Delaware Code by striking the words "Division of Mental Health" and inserting "Division of Alcoholism, Drug Abuse and Mental Health" in lieu thereof.

Section 3. Amend 31 1:Jel, C. §3903 by striking the words "Division of Mental Health" and inserting "Division of Alcoholism. Drug Abuse and Mental Health" in lieu thereof.

Section 4. Amend 29 Del. C §7922(3) by striking the words "Director of Mental Health and Mental Retardation" and inserting "Director of the Division of Alcoholism, Drug Abuse and Mental Health" in lieu thereof.

Section 5. Amend 29 Del. C. §7922 by adding a new subsection (8) to read as follows: "(8) Director of Mental Retardation."

Section 6. Amend 16 Del. C. §5134 by striking the words "Director of Mental Health and Mental Retardation" and inserting "Director of the Division of Alcoholism, Drug Abuse and Mental Health or the Director of the Division of Mental Retardation" in lieu thereof.

Section 6. Amend 29 Del. C. §7940(m) by striking the words "advisory councils on Mental Retardation, Mental Health. Delaware Home and Hospital and Physical Health" and inserting "advisory councils on Mental Retardation: Alcoholism, Drug Abuse and Mental Health; Delaware Home and Hospital and Physical Health" in lieu thereof.

Section 7. Amend 16 Del. s §5702(a) by strildng the words "Division of Mental Health and Mental Retardation" and inserting "Division of Alcoholism. Drug Abuse and Mental Health or the Division of Mental Retardation" in lieu thereof.

Section 8. Amend 11 pie C. §408(b) by striking the words "Director of Mental Health" and inserting "Director of the Division of Alcoholism. Drug Abuse and Mental Health" in lieu thereof.

Section 9. Repeal 29 Del. C §7919 and 16 pal, C. §2206 in their entirety.

Section 10. Amend 29 Del. C. §7909 by striking it in its entirety and substitute a new 29 Del. Cc §7909 in lieu thereof to read as follows:

"§7909. Advisory Council to the Division of Alcoholism. Drug Abuse and Mental Health.

There is established an Advisory Council to the Division of Alcoholism, Drug Abuse and Mental Health to serve in an advisory capacity to the Director of the Division of Alcoholism, Drug Abuse and Mental Health. It shall consider matters related to alcoholism, drug abuse, mental health and any other matters that may be referred to it by the Governor or the Department of Health and Social Services. The Council may study, research, plan, and advise the Director. Secretary. legislature and the Governor on matters it deems appropriate to enable the Division and the Department to function in the best possible manner.

The Council shall be composed of seventeen members who shall be appointed for 3 year terms by the Governor. The members of the Council shell be eligible to serve more than one term. Consideration for appointment should be given to those who have a particular interest or expertise in the areas of alcoholism, drug abuse and mental health.

At least six, but not more than eight, members of the Council shall be affiliated with one of the major political parties and at least five, but not more than seven, of the newly appointed members shall be affiliated with 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.

Members of the Council shall serve without compensation; however, they may be reimbursed for reasonable and necessary expenses incident to their duties as member., of the Council.

A Chairperson and Vice Chairperson of the Council shall be chosen by the Council membership for a term of one year. Persons chosen for these positions shall be eligible for re-election at the end of their term.

(1) The Council may adopt its own by-laws subject to the approval of the Director of the Division of Alcoholism, Drug Abuse and Mental Health and the Secretary of the Department of Health and Social Services.

(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."

Approved August 20, 1984.