Delaware General Assembly





CHAPTER 16

FORMERLY

HOUSE BILL NO. 44

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO PERMITTING THE DELAWARE STATE FIRE PREVENTION COMMISSION TO ESTABLISH A DELAWARE BURN CAMP TO HELP YOUNG PEOPLE WHO HAVE SUFFERED BURNS.

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

WHEREAS, too many children in the State of Delaware have suffered burns; and

WHEREAS, these burns can have a long-lasting impact on these children on many different levels; and

WHEREAS, it would be beneficial to have a place devoted to helping burned children cope with the emotional and physical issues arising from their injuries; and

WHEREAS, the State of Delaware does not have a burn camp.

NOW THEREFORE:

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

Section 1. Amend Chapter 66, Title 16, Delaware Code by adding a new subchapter to read as follows:

"Subchapter V. Delaware Burn Camp.

§ 6650. Delaware Burn Camp Corporation Authorization.

The State Fire Prevention Commission is hereby authorized to incorporate a non-profit, non-stock corporation known as the Delaware Burn Camp Corporation for the purpose of establishing, administering and operating an overnight camp devoted to helping burned children cope with the emotional and physical issues arising from their injuries.

§ 6651. Powers

The Delaware Burn Camp Corporation shall be empowered, notwithstanding any other laws to the contrary:

(1) To adopt by-laws to govern the conduct of its affairs and to carry out and discharge its powers, duties and functions as appropriate;

(2) To enter into contracts and agreements as it may deem necessary, convenient or desirable;

(3) To plan, finance, develop, construct, purchase, lease, maintain, improve, own, operate or control facilities and such real, personal or intellectual property as it may deem necessary, convenient or desirable;

(4) To employ such personnel as necessary to carry out its functions;

(5) To retain, by contract, engineers, advisors, legal counsel and other providers of advice, counsel and services which it deems advisable or necessary in the exercise of its purposes and powers and upon such terms as it deems appropriate;

(6) To do all acts and things necessary or convenient to carry out its functions and purposes;

(7) To have and exercise any and all powers available to a corporation organized pursuant to Chapter 1 of Title 8, the Delaware General Corporation Law; and

(8) To accept appropriations, donations, contributions, grants and loan repayments and to keep such monies in the Corporation’s own accounts.

§ 6652. Board of Directors.

(a) An initial board of directors of the Delaware Burn Camp Corporation shall consist of the members of the Burn Camp Task Force, as established under Senate Concurrent Resolution 38 of the 144th General Assembly, and one (1) commissioner from the Delaware State Fire Prevention Commission. The terms of office of the initial board of directors shall expire two (2) years after the effective date of this Act.

(b) Upon expiration of the terms of the initial board of directors, members of the board of directors shall be appointed to oversee the operation of the burn camp consisting of thirteen (13) members to be determined as follows:

(1) two (2) public members appointed by the President Pro Tempore of the Delaware State Senate;

(2) two (2) public members appointed by the Speaker of the Delaware State House of Representatives;

(3) one (1) representative of the Office of the Delaware State Fire Marshal, as designated by the Delaware State Fire Marshal;

(4) one (1) representative of the Delaware Volunteer Firemen’s Association, as designated by the Association’s president;

(5) one (1) commissioner from the Delaware State Fire Prevention Commission;

(6) one (1) representative from the Delaware health care community appointed by the President Pro Tempore of the Delaware State Senate;

(7) one (1) representative from the Delaware health care community appointed by the Speaker of the House;

(8) one (1) representative of Delaware youth organizations appointed by the President Pro Tempore of the Delaware State Senate;

(9) one (1) representative of Delaware youth organizations appointed by the Speaker of the House; and

(10) two (2) public members appointed by the Governor.

(c) In order to stagger the terms of the board members;

(1) Those board members initially appointed pursuant to subsections (b)(1) and (b)(2) shall be appointed to a one- (1) year term.

(2) Those board members initially appointed pursuant to subsection (b)(3), (b)(4), (b)(5) and (b)(6) shall be appointed to a two- (2) year term.

(3) Thereafter, and all other board members shall be appointed to three-year terms.

(d) The chairperson of the board of directors shall be chosen by the members of the board of directors. The board of directors shall adopt by-laws and other procedures needed for the operation and management of the Delaware Burn Camp Corporation and the burn camp.

Section 2. This Act shall be come effective upon its enactment into law.

Approved April 30, 2009