CHAPTER 198

FORMERLY

SENATE BILL NO. 124

AN ACT TO AMEND TITLE 3, CHAPTER 9 OF THE DELAWARE CODE RELATING TO THE DELAWARE AGRICULTURAL LANDS PRESERVATION FOUNDATION.

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

Section 1. Amend § 903(a), Chapter 9, Title 3 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and renumbering the remaining paragraphs accordingly:

§ 903 Delaware Agricultural Lands Preservation Foundation.

(a) There is hereby established and created a statewide agricultural lands preservation foundation, a body politic and corporate constituting a public instrumentality of the State established and created for the performance of an essential public and governmental function, to be known as the Delaware Agricultural Lands Preservation Foundation. The Foundation shall be comprised of 12 13 trustees, all of whom shall be resident of and qualified to vote in the State. The President Pro Tem shall appoint 1 member from the Senate and the Speaker of the House shall appoint 1 member from the House of Representatives each of whom shall serve an indefinite term. The Governor shall appoint the remaining 10 11 Trustees and shall designate 1 Trustee as Chairperson, which Trustee shall serve at the pleasure of the Governor and be confirmed with the advice and consent of the Senate. The composition of the 10 11 members appointed by the Governor to the Board of Trustees of the Foundation shall be as follows:

(9)  An individual actively engaged in farming or some other form of agribusiness who may reside in any county of the State.

Section 2. Amend § 903(b), Chapter 9, Title 3 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

(b) Upon the expiration of the terms of the original Trustees having designated terms, the terms of such Trustee positions thereafter shall be 3 years. For the 4 5 Trustees appointed to the positions indicated in subsections (a)(6), (a)(7), (a)(8) and (a)(9) through (a)(10) of this section, Trustees registered in either major political party shall not exceed the other major political party by more than 1.

Section 3. Amend § 903(d), Chapter 9, Title 3 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

(d) For purposes of conducting business of the Foundation, 6 7 Trustees shall constitute a quorum. A majority vote of members constituting the quorum shall be required for action on any matter before the Foundation. All votes on matters before the Foundation shall be conducted at meetings open to the public, and such meetings shall be timely noticed. Nothing shall prevent the Trustees of the Foundation from meeting at executive sessions which are closed to the public for purposes of discussing Foundation matters.

Approved February 03, 2016