Delaware SB 44

This Act makes changes to the Diamond State Port Corporation (“Corporation”). Specifically, this Act does the following: (1) Authorizes the Corporation’s Board of Directors (“Board”) to elect the Chair of the Board without the advice and consent of the Senate. Currently, the Governor appoints the Chair with the advice and consent of the Senate. (2) In Section 2, provides for a transition period after this Act takes effect to ensure the Board has a Chair until the Board elects a Chair under this Act. (3) Makes clear that the total membership of the Board is 14. The Director of the Division of Small Business was removed from the Board by Chapter 374 of Volume 81 of the Laws of Delaware, but the total number of members of the Board was not reduced to reflect the change. (4) Makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual. This Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a special act of incorporation.