CHAPTER 430

FORMERLY

SENATE BILL NO. 389

AN ACT TO AMEND CHAPTER 47, TITLE 7, AND CHAPTER 80, TITLE 29, DELAWARE CODE RELATING TO THE ABOLITION OF THE RECREATIONAL ASSISTANCE FUND AND THE RECREATIONAL ADVISORY COUNCIL AND THE ESTABLISHMENT OF THE PARKS AND RECREATION COUNCIL.

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

Section 1. Amend Chapter 47, Title 7 of the Delaware Code by deleting Subchapter II, "Recreation Assistance Fund" in its entirety and redesignating the remaining Subchapter accordingly.

Section 2. Amend Section 8009, Title 29, Delaware Code by deleting said section in its entirety and substituting in lieu thereof the following:

§8009. Parks and Recreation Council.

(a) There is established the Parks and Recreation Council.

(b) The Parks and Recreation Council shall serve in an advisory capacity to the Director of Parks and Recreation and shall consider matters related to the planning, acquisition, development, management, conservation and programming of lands and services under the Jurisdiction of the Division, and such other matters as may be referred to it by the Governor, the Secretary of the Department of Natural Resources and Environmental Control or the Director. 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 manner possible.

(c) The Parks and Recreation Council shall be composed of eleven members who shall be appointed as follows:

(1) Eight members shall be appointed by the Governor for three—year terms and shall be eligible for reappointment. At least five of these members shall have experience and/or expertise in the management of the Delaware State Parks and Recreation programs. The remaining members may be composed of other related disciplines including, but not limited to, cultural affairs, fish and wildlife, tourism, finance, conservation, marketing, special populations, education, or similar disciplines.

(2) The remaining three members shall be representatives of each of the Division's officially constituted advisory organizations: The Fort Delaware Society, the Natural Areas Advisory Council and a Delaware member of the Bi-State Advisory Council for the White Clay Creek Preserve. These members shall be appointed annually by their respective organizations.

(d) No more than four of the members appointed by the Governor shall be affiliated with the same political party. Any person who declines to announce his or her 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 incurred incident to their duties as members of the Council.

(f) Failure to attend three consecutive regular meetings of the Council in the absence of mitigating circumstances shall be construed as a request by that member to resign from the Council and a replacement may thereafter be appointed in his or her stead.

(g) A Chairman shall be chosen by the members of the Council from among its membership and shall serve in that capacity for a term of one year. The Chairman shall be eligible for reelection.

(h) Any replacement appointment to the Council to fill a vacancy prior to the expiration of a term shall serve out the remainder of the term."

Approved July 23, 1990.