Legislation Document

WHEREAS, the Joint Legislative Oversight and Sunset Committee (“JLOSC”) reviewed the Division for the Visually Impaired (“DVI”) in 2019; and

WHEREAS, DVI’s review resulted in 31 recommendations for JLOSC to consider, 28 of which require additional research and discussion among interested agencies and citizens to assist JLOSC in making decisions whether to adopt them; and

WHEREAS, JLOSC expressed its desire to create a task force, comprised of JLOSC staff, relevant agencies, and members of the public, to address the implementation of the 28 recommendations and any other recommendations the task force deems appropriate and report back to JLOSC in January 2020.

NOW, THEREFORE:

BE IT RESOLVED by the Senate of the 150th General Assembly of the State of Delaware that the Joint Legislative Oversight and Sunset Committee Task Force on the Division for the Visually Impaired (“Task Force”) is established.

BE IT FURTHER RESOLVED that the Task Force research, discuss, and make findings regarding Recommendations 2 through 29 of the JLOSC’s 2019 review of the Division for the Visually Impaired, and report its findings and recommendations to the JLOSC. The Task Force may find that the JLOSC should consider additional recommendations that the Task Force identifies.

BE IT FURTHER RESOLVED that the Task Force is composed of 9 members. A member who serves by virtue of position may appoint a designee to serve in that member’s stead and at that member’s pleasure. Membership is comprised as follows:

(1) One JLOSC Analyst.

(2) One JLOSC Legislative Attorney.

(3) The Director of DVI.

(4) The Secretary of Education.

(5) The Chair of the Blind Vendors Committee.

(6) The Executive Director of BlindSight Delaware.

(7) Kevin McAllister, to represent individuals who are visually impaired.

(8) Sonya Lawrence, to represent parents of children who are blind or visually impaired.

(9) Dr. Debbie Harrington, to represent higher education.

BE IT FURTHER RESOLVED that at least 14 individuals serve as consultants to the Task Force. A consultant who serves by virtue of position may appoint a designee to serve in that consultant’s stead and at that consultant’s pleasure. A consultant does not vote or have any duties or powers reserved for a Task Force member. Consultants are comprised as follows:

(1) One analyst from the Controller General’s Office.

(2) The Chair of the Governor’s Advisory Council for Exceptional Citizens.

(3) The Director of Government Support Services.

(4) The Director of the Department of Labor, Division of Vocational Rehabilitation Services.

(5) A representative from the National Council of State Agencies for the Blind.

(6) Individuals specifically requested to serve as consultants:

a. Dr. Karen Blakenship.

b. Darlene A. Cole.

c. Wayne Marsh.

d. William McCafferty.

e. Dr. Jerry Petroff.

f. Jillian H. Queen.

g. Lloyd Schmitz.

h. Dr. Fred Schroeder.

i. Terry Smith.

(7) Any other organization or individual that the Task Force may determine helpful in meeting its duties.

BE IT FURTHER RESOLVED that a member or consultant may appoint a designee. A member or consultant who appoints a designee must provide the designation in writing to the chair. A designee has the same duties and rights as the member or consultant the designee represents.

BE IT FURTHER RESOLVED that the JLOSC Analyst and JLOSC Legislative Attorney serve as co-chairs of the Task Force.

BE IT FURTHER RESOLVED that the co-chairs of the Task Force are responsible for guiding the administration of the Task Force by doing, at a minimum, all of the following:

(1) Notifying all Task Force members of their selection to serve on the Task Force and all consultants of their selection to serve as consultants.

(2) Setting a date, time, and place for the initial organizational meeting.

(3) Supervising the preparation and distribution of meeting notices, agendas, minutes, correspondence, and reports of the Task Force.

(4) Sending, after the first meeting of the Task Force, a list of the members of the Task Force and the person who appointed them to the Joint Legislative Oversight and Sunset Committee and the Director of the Division of Research of Legislative Council.

(5) Providing meeting notices, agendas, and minutes to the Director of the Division of Research of Legislative Council.

(6) Ensuring that the final report of the Task Force is submitted to the Joint Legislative Oversight and Sunset Committee with a copy to the Division for the Visually Impaired, the Director and the Librarian of the Division of Research of Legislative Council, and the Delaware Public Archives.

BE IT FURTHER RESOLVED that the Task Force must hold its first meeting no later than August 15, 2019.

BE IT FURTHER RESOLVED that a quorum of the Task Force is a majority of its members. A vacant position is not counted for quorum purposes.

BE IT FURTHER RESOLVED that:

(1) Official action by the Task Force, including making findings and recommendations, requires the approval of a majority of the members of the Task Force.

(2) The Task Force may adopt rules necessary for its operation. If the Task Force does not adopt rules or if the adopted rules do not govern a given situation, Mason’s Manual of Legislative Procedure controls.

BE IT FURTHER RESOLVED that the Division of Research is responsible for providing reasonable and necessary support staff, materials, and meeting locations for the Task Force.

BE IT FURTHER RESOLVED that the co-chairs must compile a report containing a summary of the Task Force’s work regarding the matters assigned to it in lines 13 through 16 of this Resolution, including any findings and recommendations adopted by the Task Force, and submit the report to the JLOSC and the Director and the Librarian of the Division of Research of Legislative Council no later than January 3, 2020.

BE IT FURTHER RESOLVED that this Resolution expires on the date the Task Force submits its findings and recommendations.

SYNOPSIS

The Joint Legislative Oversight and Sunset Committee ("JLOSC") reviewed the Division for the Visually Impaired ("DVI") in 2019. As a result of that review, 31 recommendations for changes affecting DVI were presented for JLOSC's consideration. JLOSC determined that, to properly consider and decide whether to adopt 28 of the recommendations, a task force should be created to research, discuss, and report back to JLOSC its findings on the implementation of the 28 recommendations. JLOSC decided to form the task force through a simple resolution.

This Resolution establishes the Joint Legislative Oversight and Sunset Committee Task Force (“Task Force”) on the Division for the Visually Impaired. In addition to the 9 members of the Task Force, several consultants are also named, either individually or by organization, to share their expertise with the Task Force. The Task Force must hold its first meeting by August 15, 2019, and submit a final report of its findings and recommendations to JLOSC by January 3, 2020.

The Task force will not approve the implementation of a recommendation or authorize or require a change in any statute, policy, or practice. The Task Force is designed, authorized, and limited to do only the following:

- Research the background of and relevant information relating to JLOSC’s Recommendations 2 through 29.

- Discuss the merits and concerns of each recommendation.

- Report back to JLOSC on what the Task Force found in its research and discussions.

Consultants are specified to ensure their participation in the Task Force, while the number of members is kept limited in the interest of meeting quorum and scheduling requirements more easily.

Author: Senator Lockman

SPONSOR:	Sen. Lockman
Sens. Delcollo, Hansen, Lopez, Walsh