CHAPTER 368

FORMERLY

SENATE BILL NO. 434

AS AMENDED BY SENATE AMENDMENT NOS. 1 AND 2

AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE APPOINTMENT OF MEMBERS TO CERTAIN BOARDS AND COMMISSIONS.

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

Section 1. Amend §102, Chapter 1, Title 24 of the Delaware Code by re-designating the first paragraph of said section as new Subsection (a); by striking the last five sentences of the second paragraph; by re-designating the second paragraph as new Subsection (b); and by adding the following new subsections:

"(c) A person who has never served on the Board may be appointed to the Board two consecutive times, but no such person shall thereafter be eligible for two consecutive appointments. No person who has been twice appointed to the Board, or who has served on the Board for six years within any nine-year period, shall again be appointed to the Board until an interim period of at least one term has expired since such person last served.

(d) Any act or vote by a person appointed in violation of subsection (c) shall be invalid. An amendment or revision of this Chapter is not sufficient cause for any appointment or attempted appointment in violation of subsection (c), unless such amendment or revision amends this section to permit such an appointment.

(e) Any vacancy in the membership of the Board shall be filled by the Governor for the unexpired portion of the three-year term. The Governor shall remove from the Board any member whose certificate or permit to practice has been revoked or suspended; and may, after hearing, remove any member of the Board for neglect of duty or other just cause."

Section 2. Amend §203, Chapter 2, Title 24 of the Delaware Code by re-designating present Subsection (c) as new Subsection (e); by re-designating each succeeding subsection accordingly; and by adding to said section the following new subsections:

"(c) A person who has never served on the Board may be appointed to the Board two consecutive times, but no such person shall thereafter be eligible for two consecutive appointments. No person who has been twice appointed to the Board, or who has served on the Board for six years within any nine-year period, shall again be appointed to the Board until an interim period of at least one term has expired since such person last served.

(d) Any act or vote by a person appointed in violation of subsection (c) shall be invalid. An amendment or revision of this Chapter is not sufficient cause for any appointment or attempted appointment in violation of subsection (c), unless such amendment or revision amends this section to permit such an appointment."

Section 3. Amend §304, Chapter 3, Title 24 of the Delaware Code by striking the figure "5" as the same appears in Subsection (b), and substituting the figure "3" in lieu thereof; by re-designating present Subsection (c) as new Subsection (e); by re-designating each succeeding subsection accordingly; and by adding to said section the following new subsections:

"(c) A person who has never served on the Board may be appointed to the Board two consecutive times, but no such person shall thereafter be eligible for two consecutive appointments. No person who has been twice appointed to the Board, or who has served on the Board for six years within any nine-year period, shall again be appointed to the Board until an interim period of at least one term has expired since such person last served.

(d) Any act or vote by a person appointed in violation of subsection (c) shall be invalid. An amendment or revision of this Chapter is not sufficient cause for any appointment or attempted appointment in violation of subsection (c), unless such amendment or revision amends this section to permit such an appointment."

Section 4. Amend §503, Chapter 5, Title 24 of the Delaware Code by striking the figure "5" as the same appears in Subsection (b), and substituting the figure "3" in lieu thereof by re-designating Subsection (c) as new Subsection (e); by re-designating each succeeding subsection accordingly; and by adding to said section the following new subsections:

"(c) A person who has never served on the Board may be appointed to the Board two consecutive times, but no such person shall thereafter be eligible for two consecutive appointments. No person who has been twice appointed to the Board, or who has served on the Board for six years within any nine-year period, shall again be appointed to the Board until an interim period of at least one term has expired since such person last served.

(d) Any act or vote by a person appointed in violation of subsection (c) shall be invalid. An amendment or revision of this Chapter is not sufficient cause for any appointment or attempted appointment in violation of subsection (c), unless such amendment or revision amends this section to permit such an appointment."

Section 5. Amend §702, Chapter 7, Title 24 of the Delaware Code by re-designating present Subsection (c) as new subsection (e); by re-designating each succeeding subsection accordingly; and by adding to said section the following new subsections:

"(c) A person who has never served on the Board may be appointed to the Board two consecutive times, but no such person shall thereafter be eligible for two consecutive appointments. No person who has been twice appointed to the Board, or who has served on the Board for six years within any nine-year period, shall again be appointed to the Board until an interim period of at least one term has expired since such person last served.

(d) Any act or vote by a person appointed in violation of subsection (c) shall be invalid. An amendment or revision of this Chapter is not sufficient cause for any appointment or attempted appointment in violation of subsection (c), unless such amendment or revision amends this section to permit such an appointment."

Section 6. Amend §1102, Chapter 11, Title 24 of the Delaware Code by striking the figure "4" as the same appears in the first sentence of said section, and substituting the figure "3" in lieu thereof; by re-designating the first paragraph of said section as new Subsection (a); by re-designating the second paragraph of said section as new Subsection (d); and by adding to said section the following new subsections:

"(b) A person who has never served on the Board may be appointed to the Board two consecutive times, but no such person shall thereafter be eligible for two consecutive appointments. No person who has been twice appointed to the Board, or who has served on the Board for six years within any nine-year period, shall again be appointed to the Board until an interim period of at least one term has expired since such person last served.

(c) Any act or vote by a person appointed in violation of subsection (b) shall be invalid. An amendment or revision of this Chapter is not sufficient cause for any appointment or attempted appointment in violation of subsection (b), unless such amendment or revision amends this section to permit such an appointment."

Section 7. Amend §1303, Chapter 13, Title 24 of the Delaware Code by re-designating present Subsection (c) as new Subsection (e); by re-designating each succeeding subsection accordingly; and by adding the said section the following new subsections:

"(c) A person who has never served on the Board may be appointed to the Board two consecutive times, but no such person shall thereafter be eligible for two consecutive appointments. No person who has been twice appointed to the Board, or who has served on the Board for six years within any nine-year period, shall again be appointed to the Board until an interim period of at least one term has expired since such person last served.

(d) Any act or vote by a person appointed in violation of subsection (c) shall be invalid. An amendment or revision of this Chapter is not sufficient cause for any appointment or attempted appointment in violation of subsection (c), unless such amendment or revision amends this section to permit such an appointment."

Section 8. Amend §1603, Chapter 16, Title 24 of the Delaware Code by striking Subsection (c) in its entirety; by re-designating present Subsection (d) as new Subsection (e); by re-designating each succeeding subsection accordingly; and by adding to said section the following new subsections:

"(c) A person who has never served on the Board may be appointed to the Board two consecutive times, but no such person shall thereafter be eligible for two consecutive appointments. No person who has been twice appointed to the Board, or who has served on the Board for six years within any nine-year period, shall again be appointed to the Board until an interim period of at least one term has expired since such person last served.

(d) Any act or vote by a person appointed in violation of subsection (c) shall be invalid. An amendment or revision of this Chapter is not sufficient cause for any appointment or attempted appointment in violation of subsection (c), unless such amendment or revision amends this section to permit such an appointment."

Section 9. Amend 0710, Chapter 17, Title 24 of the Delaware Code by striking the figure "4" as the same appears twice In Subsection (h), and substituting the figure "2" in lieu thereof.

Section 10. Amend §1903, Chapter 19, Title 24 of the Delaware Code by re-designating present Subsection (g) as new Subsection (1); by re-designating each succeeding subsection accordingly; and by adding to said section the following new subsections:

"(g) A person who has never served on the Board may be appointed to the Board two consecutive times, but no such person shall thereafter be eligible for two consecutive appointments. No person who has been twice appointed to the Board, or who has served on the Board for six years within any nine-year period, shall again be appointed to the Board until an interim period of at least one term has expired since such person last served.

(h) Any act or vote by a person appointed in violation of subsection (g) shall be invalid. An amendment or revision of this Chapter is not sufficient cause for any appointment or attempted appointment In violation of subsection (g), unless such amendment or revision amends this section to permit such an appointment."

Section 11. Amend §2005, Chapter 20, Title 24 of the Delaware Code by re-designating present Subsection (c) as new Subsection (e); by re-designating each succeeding subsection accordingly; and by adding to said section the following new subsections:

"(c) A person who has never served on the Board may be appointed to the Board two consecutive times, but no such person shall thereafter be eligible for two consecutive appointments. No person who has been twice appointed to the Board, or who has served on the Board for six years within any nine-year period, shall again be appointed to the Board until an interim period of at least one term has expired since such person last served.

(d) Any act or vote by a person appointed in violation of subsection (c) shall be invalid. An amendment or revision of this Chapter is not sufficient cause for any appointment or attempted appointment in violation of subsection (c), unless such amendment or revision amends this section to permit such an appointment."

Section 12. Amend §2102, Chapter 21, Title 24 of the Delaware Code by designating the second paragraph under Subsection (b) as new Subsection (c); by re-designating present Subsection (c) as new Subsection (f), and re-designating each succeeding Subsection accordingly; by striking the third paragraph under subsection (b) which paragraph begins with the word "Each"; and by adding to said section the following new subsections:

(d) A person who has never served on the Board may be appointed to the Board two consecutive times, but no such person shall thereafter be eligible for two consecutive appointments. No person who has been twice appointed to the Board, or who has served on the Board for six years within any nine-year period, shall again be appointed to the Board until an interim period of at least one term has expired since such person last served.

(e) Any act or vote by a person appointed in violation of subsection (d) shall be invalid. An amendment or revision of this Chapter Is not sufficient cause for any appointment or attempted appointment in violation of subsection (d), unless such amendment or revision amends this section to permit such an appointment."

Section 13. Amend §2501, Chapter 25, Title 24 of the Delaware Code by striking the figure "5" as the same appears in Subsection (a), and substituting the figure "3" in lieu thereof; by re-designating present Subsection (b) as new Subsection (e); by re-designating each succeeding subsection accordingly; by re-designating the second paragraph of Subsection (a) as new Subsection (b); and by adding to said section the following new subsections:

(c) A person who has never served on the Board may be appointed to the Board two consecutive times, but no such person shall thereafter be eligible for two consecutive appointments. No person who has been twice appointed to the Board, or who has served on the Board for six years within any nine-year period, shall again be appointed to the Board until an interim period of at least one term has expired since such person last served.

(d) Any act or vote by a person appointed in violation of subsection (c) shall be invalid. An amendment or revision of this Chapter is not sufficient cause for any appointment or attempted appointment in violation of subsection (c), unless such amendment or revision amends this section to permit such an appointment."

Section 14. Amend §2603, Chapter 26, Title 24 of the Delaware Code by adding thereto a new Subsection (d), and a new Subsection (e), which new subsections shall read as follows:

(d) A person who has never served on the Board may be appointed to the Board two consecutive times, but no such person shall thereafter be eligible for two consecutive appointments. No person who has been twice appointed to the Board, or who has served on the Board for six years within any nine-year period, shall again be appointed to the Board until an interim period of at least one term has expired since such person last served.

(e) Any act or vote by a person appointed in violation of subsection (d) shall be invalid. An amendment or revision of this Chapter is not sufficient cause for any appointment or attempted appointment in violation of subsection (d), unless such amendment or revision amends this section to permit such an appointment."

Section 15. Amend §2702, Chapter 27, Title 24 of the Delaware Code by re-designating present Subsection (e) as new Subsection (g); by re-designating each succeeding subsection accordingly; and by adding to said section the following new subsections:

(e) A person who has never served on the Board may be appointed to the Board two consecutive times, but no such person shall thereafter be eligible for two consecutive appointments. No person who has been twice appointed to the Board, or who has served on the Board for six years within any nine-year period, shall again be appointed to the Board until an interim period of at least one term has expired since such person last served.

(f) Any act or vote by a person appointed in violation of subsection (e) shall be invalid. An amendment or revision of this Chapter is not sufficient cause for any appointment or attempted appointment in violation of subsection (e), unless such amendment or revision amends this section to permit such an appointment."

Section 16. Amend §2807, Chapter 28, Title 24 of the Delaware Code by striking the figure "4" as the same appears in subsection (c), and in subsection (d), and substituting the figure "3" in lieu thereof; and by adding to said section the following new subsections:

"(f) A person who has never served on the Board may be appointed to the Board two consecutive times, but no such person shall thereafter be eligible for two consecutive appointments. No person who has been twice appointed to the Board, or who has served on the Board for six years within any nine-year period, shall again be appointed to the Board until an interim period of at least one term has expired since such person last served.

(g) Any act or vote by a person appointed in violation of subsection (f) shall be invalid. An amendment or revision of this Chapter is not sufficient cause for any appointment or attempted appointment in violation of subsection (f), unless such amendment or revision amends this section to permit such an appointment."

Section 17. Amend §2808, Chapter 28, Title 24 of the Delaware Code by striking the figure "4" as the same appears twice in subsection (b), and substituting the figure "3" in lieu thereof; by striking subsection (a) in its entirety; and by re-designating each succeeding subsection accordingly.

Section 18. Amend §2902, Chapter 29, Title 24 of the Delaware Code by re-designating present subsection (d) as new subsection (f); by re-designating each succeeding subsection accordingly; and by adding to the said section following new subsections:

"(d) A person who has never served on the Board may be appointed to the Board two consecutive times, but no such person shall thereafter be eligible for two consecutive appointments. No person who has been twice appointed to the Board, or who has served on the Board for six years within any nine-year period, shall again be appointed to the Board until an interim period of at least one term has expired since such person last served.

(e) Any act or vote by a person appointed in violation of subsection (d) shall be invalid. An amendment or revision of this Chapter is not sufficient cause for any appointment or attempted appointment in violation of subsection (d), unless such amendment or revision amends this section to permit such an appointment."

Section 19. Amend §3005, Chapter 30, Title 24 of the Delaware Code by re-designating present subsection (c) as new subsection (e); by re-designating each succeeding subsection accordingly; and by adding to said section following new subsections:

"(c) A person who has never served on the Board may be appointed to the Board two consecutive times, but no such person shall thereafter be eligible for two consecutive appointments. No person who has been twice appointed to the Board, or who has served on the Board for six years within any nine-year period, shall again be appointed to the Board until an interim period of at least one term has expired since such person last served.

(d) Any act or vote by a person appointed in violation of subsection (c) shall be invalid. An amendment or revision of this Chapter is not sufficient cause for any appointment or attempted appointment 1n violation of subsection (c), unless such amendment or revision amends this section to permit such an appointment."

Section 20. Amend §3103, Chapter 31, Title 24 of the Delaware Code by re-designating present subsection (c) as new subsection (e); by re-designating each succeeding subsection accordingly; and by adding to said section the following new subsections:

"(c) A person who has never served on the Board may be appointed to the Board two consecutive times, but no such person shall thereafter be eligible for two consecutive appointments. No person who has been twice appointed to the Board, or who has served on the Board for six years within any nine-year period, shall again be appointed to the Board until an interim period of at least one term has expired since such person last served.

(d) Any act or vote by a person appointed in violation of subsection (c) shall be invalid. An amendment or revision of this Chapter is not sufficient cause for any appointment or attempted appointment in violation of subsection (c), unless such amendment or revision amends this section to permit such an appointment."

Section 21. Amend §3304, Chapter 33, Title 24 of the Delaware Code by deleting the phrase '2 additional terms' as found in Section (b) and replacing said phrase with the phrase '1 additional term', deleting the phrase '2 additional full terms' as found In Section (b) and replacing said phrase with the phrase '1 additional full term' and re-designating present subsection (c) as new subsection (e); by re-designating each succeeding subsection accordingly; and by adding to said section following new subsections:

"(c) A person who has never served on the Board may be appointed to the Board two consecutive times, but no such person shall thereafter be eligible for two consecutive appointments. No person who has been twice appointed to the Board, or who has served on the Board for six years within any nine-year period, shall again be appointed to the Board until an interim period of at least one term has expired since such person last served.

(d) Any act or vote by a person appointed in violation of subsection (c) shall be invalid. An amendment or revision of this Chapter is not sufficient cause for any appointment or attempted appointment in violation of subsection (c), unless such amendment or revision amends this section to permit such an appointment."

Section 22. Amend §3502, Chapter 35, Title 24 of the Delaware Code by adding thereto a new subsection (e), and a new subsection (f), which new subsections shall read as follows:

"(e) A person who has never served on the Board may be appointed to the Board two consecutive times, but no such person shall thereafter be eligible for two consecutive appointments. No person who has been twice appointed to the Board, or who has served on the Board for six years within any nine-year period, shall again be appointed to the Board until an interim period of at least one term has expired since such person last served.

(f) Any act or vote by a person appointed in violation of subsection (e) shall be invalid. An amendment or revision of this Chapter is not sufficient cause for any appointment or attempted appointment in violation of subsection (e), unless such amendment or revision amends this section to permit such an appointment."

Section 23. Amend §3603, Chapter 36, Title 24 of the Delaware Code by re-designating present subsection (d) as new subsection (f); by re-designating each succeeding subsection accordingly; and by adding the said section the following new subsections:

"(d) A person who has never served on the Board may be appointed to the Board two consecutive times, but no such person shall thereafter be eligible for two consecutive appointments. No person who has been twice appointed to the Board, or who has served on the Board for six years within any nine-year period, shall again be appointed to the Board until an interim period of at least one term has expired since such person last served.

(e) Any act or vote by a person appointed in violation of subsection (d) shall be invalid. An amendment or revision of this Chapter Is not sufficient cause for any appointment or attempted appointment in violation of subsection (d), unless such amendment or revision amends this section to permit such an appointment."

Section 24. Amend 53712, Chapter 37, Title 24 of the Delaware Code by adding to said section the following new subsections:

"(d) Each member shall serve for a term of three years, and may succeed himself for one additional term provided however, that a member was initially appointed to fill a vacancy, such member may succeed himself for only one additional full term. Any person appointed to fill a vacancy on the Board shall hold office for the remainder of the unexpired term of the former member. Each term of office shall expire on the date specified in the appointment, and the member shall no longer be eligible to participate in Board proceedings unless lawfully appointed.

(e) A person who has never served on the Board may be appointed to the Board two consecutive times, but no such person shall thereafter be eligible for two consecutive appointments. No person who has been twice appointed to the Board, or who has served on the Board for six years within any nine-year period, shall again be appointed to the Board until an interim period of at least one term has expired since such person last served.

(f) Any act or vote by a person appointed in violation of subsection (e) shall be invalid. An amendment or revision of this Chapter is not sufficient cause for any appointment or attempted appointment in violation of subsection (e), unless such amendment or revision amends this section to permit such an appointment."

Section 25. Amend 53904, Chapter 39, Title 24 of the Delaware Code by re-designating present subsection (c) as new subsection (e); by re-designating succeeding subsection accordingly; and by adding to said section the following new subsections:

"(c) A person who has never served on the Board may be appointed to the Board two consecutive times, but no such person shall thereafter be eligible for two consecutive appointments. No person who has been twice appointed to the Board, or who has served on the Board for six years within any nine-year period, shall again be appointed to the Board until an interim period of at least one term has expired since such person last served.

(d) Any act or vote by a person appointed in violation of subsection (c) shall be invalid. An amendment or revision of this Chapter is not sufficient cause for any appointment or attempted appointment in violation of subsection (c), unless such amendment or revision amends this section to permit such an appointment."

Section 26. Amend §5104, Chapter 51, Title 24 of the Delaware Code by re-designating present subsection (c) as new subsection (e); by re-designating each succeeding subsection accordingly; and by adding to said section the following new subsections:

"(c) A person who has never served on the Board may be appointed to the Board two consecutive times, but no such person shall thereafter be eligible for two consecutive appointments. No person who has been twice appointed to the Board, or who has served on the Board for six years within any nine-year period, shall again be appointed to the Board until an interim period of at least one term has expired since such person last served.

(d) Any act or vote by a person appointed in violation of subsection (c) shall be invalid. An amendment or revision of this Chapter is not sufficient cause for any appointment or attempted appointment in violation of subsection (c), unless such amendment or revision amends this section to permit such an appointment."

Section 27. Amend §5202, Chapter 52, Title 24 of the Delaware Code by re-designating present subsection (c) as new subsection (e); by re-designating each succeeding subsection accordingly; and by adding to said section the following new subsections:

"(c) A person who has never served on the Board may be appointed to the Board two consecutive times, but no such person shall thereafter be eligible for two consecutive appointments. No person who has been twice appointed to the Board, or who has served on the Board for six years within any nine-year period, shall again be appointed to the Board until an interim period of at least one term has expired since such person last served.

(d) Any act or vote by a person appointed in violation of subsection (c) shall be invalid. An amendment or revision of this Chapter is not sufficient cause for any appointment or attempted appointment in violation of subsection (c), unless such amendment or revision amends this section to permit such an appointment."

Approved July 17, 1990.