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Williams HOUSE OF REPRESENTATIVES 153rd GENERAL ASSEMBLY HOUSE AMENDMENT NO.
Williams & Rep.
1 TO HOUSE BILL NO.
Michael Smith & Sen.
27 AMEND House Bill No.
Poore & Sen.
27 by deleting line 5 in its entirety and inserting in lieu thereof the following:
Richardson Reps.
“(k) (2) The Council consists of the following 24 25 members:
Dukes, Gorman, Griffith, Bush, Romer;
a.
Sens.
Three representatives of the Judicial Branch, as appointed by the Chief Justice;
Hocker, Lawson HOUSE OF REPRESENTATIVES 153rd GENERAL ASSEMBLY HOUSE BILL NO.
Justice.
27 AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE DELAWARE ANTI- TRAFFICKING ACTION COUNCIL.
b.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
A representative of the Department of Justice to be appointed by the Attorney General;
Section 1.
General.
Amend § 787, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
c.
§ 787.
A representative of the Office of Defense Services to be appointed by the Chief Defender;
Trafficking an individual, forced labor and sexual servitude;
Defender.
class D felony;
d.
class C felony;
A representative of the law-enforcement community to be appointed by the Speaker of the Delaware House of Representatives;
class B felony;
Representatives.
class A felony.
e.
(k) (4) Meetings;
A representative of the health-care community to be appointed by the President Pro Tempore of the Delaware State Senate;
Senate.
f.
A representative of the Department of Health and Social Services to be appointed by the Secretary of the Department of Health and Social Services;
Services.
g.
A representative of the Department of Labor to be appointed by the Secretary of Labor;
Labor.
h.
A representative of the Department of Services for the Children, Youth and Their Families to be appointed by the Secretary of the Department of Services for the Children, Youth and Their Families;
Families.
s.
A retired judicial officer with knowledge of human trafficking to be appointed by the Speaker of the Delaware House of Representatives.
(4) Meetings;
procedure.”.
procedure.
SYNOPSIS This amendment adds a retired judicial officer with knowledge of human trafficking to the membership of the Delaware Anti-Trafficking Action Council.
a.
This amendment also makes technical corrections to conform with the Legislative Drafting Manual.
The Council shall meet at least 4 times per year.
Thirteen Ten members constitute a quorum.
Except as set forth under paragraph (k)(5) of this section, the Council may take action upon the affirmative vote of a majority of Council members present at a meeting.
f.
3.
The Council shall include in the annual report that it submits under paragraph (k)(4)f.1.
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of this section how the Council spent any state funds received for the previous fiscal year.
an explanation of the spending of any state, federal, or other funds received.
For purposes of this paragraph (k)(4)f.3., “state funds” means any state money allocated to the Council other than funding for staff positions.
4.
At each full council meeting, the Council shall provide a report to meeting attendees on how it has, since the previous full council meeting, spent any state funding received.
[Repealed.] g.
The Council may hold a virtual meeting in compliance with § 10006A of Title 29, except that the Council is permitted to have a staff member present at an anchor location in lieu of or in addition to having a member of the council present.
(5) a.
The Council shall employ an Executive Director to be appointed by the Chair with approval of a quorum majority of the full membership of the Council.
The Executive Director will serve at the pleasure of a quorum majority of the full membership of the Council.
A vacant position is not counted for purposes of calculating full membership of the Council under this paragraph (k)(5).
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Subject to the approval of a quorum of the Council and within Within the limits of any appropriation made by the General Assembly or available funding from another funding source, the Executive Director of the Council shall employ staff and contract for services as necessary to carry out the functions of the Council.
SYNOPSIS This Act makes changes to the operating requirements for the Delaware Anti-Trafficking Action Council.
It reduces the members required for quorum from 13 to 10.
Since the quorum requirement has been reduced to less than a majority of the Council, the bill also specifies that the Council may generally take action upon the vote of a majority of members present at a meeting, but that a majority vote of the Council members is required to approve the appointment of an Executive Director.
Consistent with current practice, the Executive Director has the authority to hire staff and contract for services within the limits of available funds.
The Act also revises the reporting on funds spent to be part of the annual report and include state, federal, or other funding received by the Council other than State-funded positions.
At the present time, the Council does not receive state funding other than allocated personnel positions.
Finally, the Act allows the Council to have a virtual meeting with a physical location open to the public (anchor location) so long as a staff member of the Council is present at the anchor location.
Without this authorization, a member of the Council would be required to attend at the anchor location in order to comply with the State’s open meeting rules.
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