CHAPTER 191

FORMERLY

SENATE BILL NO. 86

AS AMENDED BY

SENATE AMENDMENT NO. 1

AND

HOUSE AMENDMENT NO. 2

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

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 of the Delaware Code by inserting at the end of said subsection the following:

“A member of the Council shall be suspended or removed by the Governor for misfeasance, nonfeasance, malfeasance, misconduct, incompetency, or neglect of duty. A member subject to disciplinary hearing shall be disqualified from Council business until the charge is adjudicated or the matter is otherwise concluded. A member may appeal any suspension or removal to the Superior Court.”

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."

Section 9. Sections 4 and 6 of this Act shall become effective 30 days after enactment.

Approved February 06, 2008