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Legislation Document
SPONSOR:
Sen. Pinkney & Rep. Chukwuocha
DELAWARE STATE SENATE
153rd GENERAL ASSEMBLY
SENATE BILL NO. 330
AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE DELAWARE AFRICAN AMERICAN HERITAGE AND CULTURE COMMISSION.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend Part IV, Title 29 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
Chapter 38A. Delaware African American Heritage and Culture Commission
§ 3801A. The Delaware African American Heritage and Culture Commission; creation and purpose.
The Delaware African American Heritage and Culture Commission (“Commission”) is created to do all of the following:
(1) Be a statewide organization dedicated to the documenting, preserving, collecting, and promoting of Delaware's African American heritage and culture.
(2) Educate Delaware residents and visitors to our State about the significance of the African American experience in Delaware.
(3) Highlight the hidden, overlooked, and suppressed stories that lay at the foundation of the African American experience in Delaware and to responsibly circulate this information to the public.
(4) Develop historians with specific knowledge of Delaware African American history.
(5) Provide support to institutions and groups with similar objectives to the Commission.
§ 3802A. Membership; qualifications; terms.
(a) The Commission consists of the following members:
(1) The following members serving by virtue of position, or a designee appointed by that member:
a. The president of the Delaware Black Chamber of Commerce.
b. The president of the Lewes African American Heritage Commission.
(2) An individual holding a leadership position at Delaware State University, to be appointed by the Governor.
(3) A faculty member from the Delaware State University’s Africana Studies Program, to be appointed by the Governor.
(4) A representative from the Division of Historical and Cultural Affairs, to be appointed by the Governor.
(5) A representative from the Department of State, to be appointed by the Governor.
(6) A faculty member from the University of Delaware’s Department of Africana Studies, to be appointed by the President Pro Tempore of the Senate.
(7) A representative from the Jane and Littleton Mitchell Center, to be appointed by the President Pro Tempore of the Senate.
(8) A representative from the Interdenominational Ministerial Alliance of Dover and Vicinity, Inc., to be appointed by the President Pro Tempore of the Senate.
(9) A representative from the First State African American Farmers Association, to be appointed by the President Pro Tempore of the Senate.
(10) A representative from the Delaware Afro-American Historical & Genealogical Society, to be appointed by the President Pro Tempore of the Senate.
(11) A representative from the African American Heritage Institute, to be appointed by the Speaker of the House of Representatives.
(12) A representative from the Howard High School Alumni Association, to be appointed by the Speaker of the House of Representatives.
(13) A representative from the Delaware Alliance of Black School Educators, to be appointed by the Speaker of the House of Representatives.
(14) A representative from the Delaware Legislative Black Caucus, to be appointed by the Speaker of the House of Representatives.
(b) All reasonable efforts must be made to ensure that both of the following are represented in the Commission’s membership:
(1) Individuals who live or work in each county, and live or work in a variety of locations within each county.
(2) Representatives or graduates of any of the following schools:
a. The DuPont schools.
b. The Richard Allen School.
c. Friends of School Hill Association.
d. Buttonwood School.
e. Hockessin Colored School #107C.
(c) A member serving by virtue of position who appoints a designee must provide the name of that designee in writing to the Chair. An individual attending a meeting for a member as a designee has the same duties and rights as the member.
(d) Each appointed member is appointed for a term of 3 years and may serve 2 additional terms. Each term of office expires on the date specified in the appointment. Notwithstanding the term limit, a member remains eligible to serve on the Commission until a replacement is appointed.
(e) The Commission shall elect 1 Chair and 1 Vice Chair from among its members. If the Chair becomes vacant, the Commission shall elect a new Chair at its next meeting. If the Vice Chair becomes vacant, the Commission shall elect a new Vice Chair at its next meeting.
(f) In addition to duties that the Commission may create in its rules, the Chair of the Commission has all of the following duties:
(1) Setting a date, time, and place for meetings of the Commission.
(2) Supervising the preparation and distribution of meeting notices, agendas, minutes, and other documents prepared by or on behalf of the Commission.
(g) Members appointed under paragraphs (a)(2) through (a)(13) of this section serve at the pleasure of the appointing authority.
§ 3803A. Ad hoc African American Commission Formation Committee.
(a) The Commission shall form an African American Commission Formation Committee (“Committee”) that will meet as needed.
(b) Before an appointed member’s term expires, the Committee shall create and provide to the appointing authority a list of potential nominees. The appointing authority may consider the potential nominees from the list that the Committee provides.
§ 3804A. Organization, quorum.
(a) The Commission may adopt procedural rules to carry out its functions under this chapter. If the Commission does not adopt rules or if the adopted rules do not govern a given situation, the current edition of Robert’s Rules of Order controls.
(b) A majority of members must be present at a Commission meeting in order to have a quorum and conduct official business. A vacancy on the Commission is not counted for quorum.
(c) The Chair may invite individuals with relevant expertise to participate in Committee discussions.
§ 3805A. Authority.
The Commission is under the authority of the Secretary of State and has the powers, duties, and functions described in § 3801A of this title and other duties and functions that may be referred to the Commission by the Governor, the Secretary of State, or the General Assembly.
§ 3806A. Committees, creation and purpose.
The Commission may create committees, which may include nonmembers, to do any of the following:
(1) Engage with other organizations and individuals in this State that share a similar mission.
(2) Exchange ideas and information with other organizations and individuals in this State that share a similar mission.
(3) Provide other organizations and individuals in this State that share a similar mission the opportunity to help the Commission.
§ 3807A. Compensation.
A member receives no compensation but may be reimbursed for the member’s actual and necessary expenses incurred in the performance of the member’s official duties.
Section 2. The Secretary of State, or the Secretary’s designee, shall set the date, time, and place for the initial organizational meeting of the Delaware African American Heritage and Culture Commission.
Section 3. The Secretary of the Senate shall notify members of the Delaware African American Heritage and Culture Commission (Commission) serving by virtue of their position of selection to serve on the Commission and notify individuals authorized to appoint members to the Commission of their appointing authority.
SYNOPSIS
This Act establishes the Delaware African American Heritage and Culture Commission (“Commission”). The Commission is tasked with being a statewide resource dedicated to preserving and sharing Delaware's African American culture and heritage.
Author: Senator Pinkney