CHAPTER 431

FORMERLY

HOUSE BILL NO. 482

AN ACT TO AMEND TITLE 14 AND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DELAWARE HIGHER EDUCATION COMMISSION

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

Section 1. Amend the title of Subchapter V., Chapter 1, Title 14 of the Delaware Code by striking the word "Commission" and substituting the word "Office" in lieu thereof.

Section 2. Amend §§ 180 and 181, Title 14 of the Delaware Code by striking the word "Commission" each time it appears in either Section and substituting the word "Office" in lieu thereof.

Section 3. Amend § 181(10), Title 14 of the Delaware Code by striking the phrase "Pennsylvania Higher Education Assistance Agency (PHEAA)" and substituting "American Education Services (AES)" in lieu thereof.

Section 4. Amend § 181, Title 14 of the Delaware Code by striking Subsections (16) and (17) in their entirety and renumbering the remaining subsections accordingly.

Section 5. Amend § 182, Title 14 of the Delaware Code by striking said Subsection in its entirety, and substituting the following in lieu thereof:

"§182. Staff.

The Department of Education may employ a Director of the Delaware Higher Education Office and other staff as necessary to meet its mandate and provide effective service within the limitations of and the manner prescribed by the annual appropriations act. Employees of the Office shall be compensated in accordance with the provisions set forth in Chapter 13 of this Title."

Section 6. Amend § 183, Title 14 of the Delaware Code by striking said Subsection in its entirety and substituting the following in lieu thereof:

" §183. Regulations.

Acting in cooperation with the Delaware Higher Education Office, the Department of Education, with the consent of the State Board, is authorized to promulgate rules and regulations to implement the purposes of this Subchapter."

Section 7. Amend § 184, Title 14 of the Delaware Code by striking said Subsection in its entirety.

Section 8. Amend Subchapter VII., Chapter 34, Title 14 of the Delaware Code by striking the phrase "Engineering and Applied Science Recruitment Fund" from the title thereof and substituting the following in lieu thereof: "Other Financial Assistance Programs", and by striking §§ 3460 through 3465, inclusive, in their entirety.

Section 9. Amend § 3446, Title 14 of the Delaware Code by renumbering said Section as § 3460 in Subchapter VII. of said Title.

Section 10. Amend § 3420, Title 14 of the Delaware Code by striking the word "scholarships" from the title thereof and substituting the words " reimbursement program" in lieu thereof; and by renumbering said Section as § 3461 in Subchapter VII. of said Title.

Section 11. Amend § 3484 (b)(3), Title 14 of the Delaware Code by striking the phrase "The Chairperson of the Higher Education Commission" and substituting the following in lieu thereof: "A member of the public appointed by the Delaware Higher Education Office, subject to the approval of the Secretary of Education.".

Section 12. Except as otherwise provided in this Act, amend Subchapters I, II, III, IV, V, VI, VIII, IX, XII, Chapter 34, Title 14 of the Delaware Code by (i) striking the words "Higher Education Commission" wherever they appear in said subchapters and substituting the words "Delaware Higher Education Office" in lieu thereof; (ii) striking the word "Commission" wherever it appears in said subchapters in reference to the former Higher Education Commission and substituting the word "Office" in lieu thereof; and (iii) striking the words "Executive Director" wherever they appear in said subchapters in reference to the Executive Director of the former Higher Education Commission, and substituting the words "Director of the Office" in lieu thereof.

Section 13. Amend § 104 (b)(13), Title 14 of the Delaware Code by striking said paragraph in its entirety.

Section 14. Amend § 104 (b) (11), Title 14 of the Delaware Code by inserting the word "and" after the semicolon ";" as it appears therein.

Section 15. Amend § 104 (b) (12), Title 14 of the Delaware Code by striking the semi-colon ";" and the word "and" at the end thereof and inserting a period "." in lieu thereof.

Section 16. Amend § 153(c), Title 14 of the Delaware Code by striking the words "Higher Education Commission" and substituting the words "Delaware Higher Education Office" in lieu thereof.

Section 17. Amend § 9906 (b), Title 16 of the Delaware Code by striking the phrase "1 of whom shall be appointed by the Delaware Higher Education Commission" and substituting the following in lieu thereof: "1 of whom shall be appointed by the Delaware Higher Education Office, subject to the approval of the Secretary of Education".

Section 18. Amend § 9908 (b), Title 16 of the Delaware Code by striking the word "Commission" and substituting in lieu thereof the word "Office".

Section 19. Amend § 9941 (b), Title 16 of the Delaware Code by striking the phrase "Commission to be appointed by the Higher Education Commission" and substituting in lieu thereof the phrase "Office to be appointed by the Delaware Higher Education Office, subject to the approval of the Secretary of Education".

Approved July 23, 2010