SB 110 — AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE ARCHITECTURAL ACCESSIBILITY BOARD.

Summary

The Joint Legislative Oversight and Sunset Committee approved a project to work with the Governor's Office throughout 2018 and 2019 to identify antiquated boards, commissions, and councils that need statutory updates or outright repeals. The Architectural Accessibility Board was identified as needing updates to make it easier to fill vacancies and generally update language to modern legislative drafting standards. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

Bill Text

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The bill amends the composition, terms, and procedural operations of the Architectural Accessibility Board in Delaware.

• 29 Del. C. § 7304(a)

  There is hereby created an The Architectural Accessibility Board which is created as an agency of the State for → There is hereby created the Architectural Accessibility Board as an agency of the State for

  The language is streamlined for clarity by removing redundancy.

• 29 Del. C. § 7304(b)(1)

  The Board shall be is composed of 9 voting members who shall be responsible for carrying out the duties of the Board, and non-voting, ex officio members, who shall serve in an advisory capacity. → The Board is composed of 9 voting members responsible for carrying out the Board's duties, and non-voting, ex officio members who serve in an advisory capacity.

  The phrasing is simplified and decluttered.

• 29 Del. C. § 7304(c)(5)

  Four persons individuals with disabilities, at least 1 of whom shall use a wheelchair; uses a wheelchair. → Four individuals with disabilities, at least 1 of whom uses a wheelchair.

  Language is updated for conciseness and clarity.

• 29 Del. C. § 7304(c)(6)

  One member of the general public who is a parent, guardian guardian, or representative of a person an individual with a disability or persons with disabilities, or who disability; provides services to persons individuals with disabilities, or who has a demonstrated involvement in programs for persons individuals with disabilities. → One member of the general public who is a parent, guardian, or representative of an individual with a disability or provides services to individuals with disabilities, or has demonstrated involvement in programs for individuals with disabilities.

  The text is clarified and redundant terms are removed.

• 29 Del. C. § 7304(f)

  The Governor may remove a member for gross inefficiency, misfeasance, nonfeasance, malfeasance, or neglect of duty in office. → The Governor may remove a voting member for good cause.

  The removal criteria for members are simplified.

• 29 Del. C. § 7304(g)

  Voting members of the Board shall Members must receive a compensation of $25 per day when they the members are engaged in their duties as members of the Board. → Voting members must receive compensation of $25 per day when engaged in their duties as members of the Board.

  The compensation structure is simplified for clarity.

• 29 Del. C. § 7305(a)

  The Board shall meet as often as deemed necessary by a majority of the Board, but in no event shall the Board meet less frequently than once every 2 calendar months. → The Board shall meet at least once every 2 months and may meet more frequently as determined by a majority of the Board.

  Meeting frequency requirements are clarified.

• 29 Del. C. § 7305(b)

  Five voting members of the Board shall constitute a quorum, which shall be necessary to vote on any issue must be present at a Board meeting in order to have a quorum and conduct official business unless otherwise provided in this chapter. → Five voting members must be present at a Board meeting to constitute a quorum for conducting official business unless otherwise provided in this chapter.

  Quorum requirements are clarified.

• 29 Del. C. § 7306(a)(1)

  Promulgate Through the approval of a majority of the voting Board members following a public hearing, promulgate rules and regulations which shall contain establishing standards for the design and construction of facilities covered by this chapter to assure that such facilities covered by this chapter are safely accessible to and usable by persons individuals with disabilities can safely access and use the facilities. → Promulgate rules and regulations establishing standards for the design and construction of facilities covered by this chapter to assure such facilities are accessible and usable by individuals with disabilities.

  The process for promulgating rules is clarified and the text is simplified.

• 29 Del. C. § 7306(a)(2)

  Promulgate Through the approval of a majority of the voting Board members following a public hearing, promulgate rules and regulations for the granting of waivers from the requirements of this chapter and the Board's standards. → Promulgate rules and regulations for granting waivers from the requirements of this chapter and the Board's standards.

  The statement is simplified by eliminating redundancy.

Action History

1. July 23, 2019

   Signed by Governor

2. June 30, 2019

   Passed By House. Votes: 41 YES

3. June 25, 2019

   Reported Out of Committee (Sunset Committee (Policy Analysis & Government Accountability)) in House with 4 On Its Merits

4. June 20, 2019

   Assigned to Sunset Committee (Policy Analysis & Government Accountability) Committee in House

5. June 19, 2019

   Passed By Senate. Votes: 20 YES 1 ABSENT

6. June 05, 2019

   Reported Out of Committee (Sunset) in Senate with 5 On Its Merits

7. May 29, 2019

   Introduced and Assigned to Sunset Committee in Senate

Sponsors

• Lyndon D. Yearick · Cosponsor
• Stephanie L. Hansen · Cosponsor
• S. Elizabeth Lockman · Primary
• John "Jack" Walsh · Cosponsor
• David Bentz · Primary
• Anthony Delcollo · Cosponsor
• Ernesto B Lopez · Cosponsor
• Andria L. Bennett · Cosponsor
• Sherry Dorsey Walker · Cosponsor
• Jeffrey N. Spiegelman · Cosponsor

Votes

Subjects