SPONSOR:

Sen. Sokola & Rep. Valihura

Sens. Bonini, Bunting, Connor, McDowell

Reps. Hudson, Longhurst, Maier, Viola

DELAWARE STATE SENATE

144th GENERAL ASSEMBLY

SENATE BILL NO. 86

AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO THE COUNCIL ON HOUSING AND HOUSING.

Section 1. Amend Title 31 by deleting the phrase "Housing and Slum Clearance" wherever it appears in Chapter 40 of Title 31 and inserting the phrase "Housing".

Section 2. Amend §4040, Title 31, Delaware Code by deleting subsection (a) in its entirety and inserting a new “(a)” to read as follows:

"(a) The Council on Housing is continued and shall serve in an advisory capacity to the Governor, Housing Director and the General Assembly and shall consider matters relating to housing in this State and such other matters as may be referred to it by the Governor, the Housing Director or the General Assembly. The Council shall study, research, plan and advise the Governor, Housing Director and the General Assembly on matters it deems appropriate to enable DSHA to function in the best possible manner."

Section 3. Amend §4040(b), Title 31, Delaware Code by deleting subsection (b) in its entirety and inserting a new subsection (b) to read as follows:

"(b) The Council shall review, advise and make recommendations on all DSHA programs."

Section 4. Amend §4040(c), Title 31, Delaware Code by deleting the phrase "9 members" and inserting in lieu thereof the following: "11 members to be appointed by the Governor. There shall be 2 members from each county, 2 members that reside in the City of Wilmington and 3 members at large, one of which is a member of a tenant organization".

Section 5. Amend §4040(c), Title 31, Delaware Code, by inserting at the end of said subsection the following: “The Council shall elect the Chairperson from among its members, with such person serving a one year term. A member of the Council may only be removed by a majority vote with at least 2/3 of Council members present and only for misfeasance, malfeasance or willful neglect of duty or other cause."

Section 6. Amend §4040(d), Title 31, Delaware Code by deleting the phrase "At least 4, but no more than 5" and by inserting in lieu thereof the phrase "At least 5, but no more than 6" and further by deleting the phrase "and at least 3, but no more than 4" and inserting in lieu thereof the phrase "and at least 4, but no more than 5".

Section 7. Amend §4040(i), Title 31, Delaware Code, by deleting the first sentence therein and inserting the following: "The Council shall have the authority to draft and adopt bylaws governing its operations, consistent with the provisions herein.".

Section 8. Amend §4040, Title 31, Delaware Code, by inserting as new "subsection (j) to read as follows:

"(j) The Council shall issue an annual report to the Governor, the Housing Director and the General Assembly on its activities, as well as the housing needs of this State, key statistics and trends, HDF expenditures and any recommendations for changes in law, policy and/or funding related to housing.".

SYNOPSIS

This Bill enhances the role of the Council on Housing by broadening its charge to provide advice and recommendations to the General Assembly, in addition to the Governor and Housing Director, and by increasing its responsibility to all programs administered by the Delaware State Housing Authority, not just the Housing Development Fund. The Bill removes the outdated terminology "Housing and Slum Clearance" and replaces it with the phrase "Housing". The Bill also expands the Council's membership to 11 persons and specifies geographic balance. The Bill increases the Council's independence by specifically providing that Council members may only be removed for cause, and by requiring the Council to issue an annual report to the General Assembly, as well as the Governor and Housing Director.

Author: Senator Sokola