Delaware Code Title 29 Sec. 8009 – Parks and Recreation Council
(a) There is established the Parks and Recreation Council.
Terms Used In Delaware Code Title 29 Sec. 8009
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- President pro tempore: A constitutionally recognized officer of the Senate who presides over the chamber in the absence of the Vice President. The President Pro Tempore (or, "president for a time") is elected by the Senate and is, by custom, the Senator of the majority party with the longest record of continuous service.
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302
(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 shall review and recommend to the Department the approval of funding from the Outdoor Recreation Parks and Trails (ORPT) program for park development projects and serve as the review authority for other state and federal funding programs if called upon to do so. 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. The Council may also recommend to the Department for adoption, after public hearing, any rules and regulations as may be necessary to carry out any provisions of the section.
(c) The Parks and Recreation Council shall be composed of 16 members who shall be appointed as follows:
(1) Eleven members shall be appointed by the Governor and shall be eligible for reappointment. The term of any member serving shall be for 3 years.
(2) At least 6 of the 11 members appointed by the Governor shall have experience or expertise, or both, in the management of recreation programs and parks. The remaining members may be composed of other related disciplines and interests including cultural affairs, trails and greenways, fish and wildlife, tourism, finance, conservation, marketing, special populations, education, and Delaware State Parks friends organizations.
(3) The Natural Areas Advisory Council shall annually appoint a member to represent the Council.
(4) The remaining 4 members will be members of the General Assembly. One member from the majority party and 1 member from the minority party of the Delaware House of Representatives will be appointed by the Speaker of the House, and 1 member from the majority party and 1 member from the minority party of the Delaware State Senate will be appointed by the President Pro Tempore. The term of the General Assembly members serving shall be for 3 years.
(d) No more than 6 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 3 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 Chairperson and Vice Chair shall be chosen by the members of the Council from among its membership and shall serve in that capacity for a term of 1 year. The Chairperson and Vice Chair 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.
29 Del. C. 1953, § ?8008; 57 Del. Laws, c. 302, § ?1; 57 Del. Laws, c. 739, § ?240; 59 Del. Laws, c. 372, § ?5; 67 Del. Laws, c. 430, § ?2; 69 Del. Laws, c. 342, § ?1; 70 Del. Laws, c. 186, § ?1; 77 Del. Laws, c. 236, § ?2; 78 Del. Laws, c. 209, § ?2; 83 Del. Laws, c. 310, § 1;