CHAPTER 404

FORMERLY

SENATE BILL NO. 310

AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE TO ESTABLISH THE DELAWARE INTERAGENCY COUNCIL ON HOMELESSNESS.

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

Section 1. Amend Chapter 40 of Title 31 by creating a new subchapter VI by inserting the following:

“Subchapter VI Delaware Interagency Council on Homelessness.

§ 4060. Delaware Interagency Council on Homelessness.

(a) The Delaware Interagency Council on Homelessness is hereby established.
(b) The duties of the Council shall include, but not be limited to, the following:

1. Oversee the implementation of a plan to reduce homelessness and end chronic homelessness in Delaware;

2. Review, on a continuing basis, all state policies, plans, programs and activities concerning individuals and families who are homeless, assisted, in whole or part, by state departments, agencies or funds in order to determine whether such policies, programs, plans and activities effectively meet the needs;

3. Use the data on homelessness from the Homeless Management Information System (HMIS) and other non-duplicative, technology-based methods of collecting such information for analyses;

4. Effectively coordinate and maximize resources of existing programs and activities to prevent homelessness and to assist individuals and families who are homeless to obtain housing;

5. Identify impediments, including any statutory and regulatory restrictions, to the effective provision of needed services to individuals and families who are homeless in Delaware;

6. Recommend such changes in existing programs and services, expansion of existing programs and services, and additional programs and services as may be necessary to address the diverse causes and conditions of homelessness;

7. Provide the Governor, the General Assembly, and the general public with review and comment, as well as analyses and recommendations on all state and federal legislative proposals and regulations and policies affecting homeless people. Propose and promote such legislation, regulations and policies to improve the delivery of services to homeless individuals; and

8. Prepare and submit to the Governor and the General Assembly an annual report of the activities of the Council and the status of services and programs for individuals and families who are homeless.

(c) For administrative purposes, this Council is placed within the Delaware State Housing Authority.

(d) The Council shall be composed of twenty-five (25) members appointed by, and serving at the pleasure of the Governor. Members of the Council shall be persons charged with the management of programs mandated and authorized by the McKinney–Vento Homeless Assistance Act in Delaware and persons currently charged with the management of other public funds targeted to services for the homeless in Delaware. The Council shall include representatives from appropriate administering entities within the following departments or agencies:

1. The Director of the Delaware State Housing Authority or a designee of the Director;

2. The Secretary of the Department of Health and Social Services or a designee of the Secretary;

3. The Secretary of the Department of Services for Children, Youth, and Their Families or a designee of the Secretary;

4. The Secretary of the Department of Labor or a designee of the Secretary;

5. The Secretary of the Department of Education or a designee of the Secretary;

6. The Commissioner of the Department of Correction or a designee of the Commissioner;

7. The Chairs of the Senate Community/County Affairs Committee and the House of Representatives Housing and Community Affairs Committee or a designee of the chairs;

8. The County Executive of New Castle County or the Executive’s designee;

9. The Kent County Administrator or the Administrator’s designee;

10. The Sussex County Administrator or the Administrator’s designee;

11. The Mayor of the City of Wilmington or the Mayor’s designee;

12. The Mayor of the City of Dover or the Mayor’s designee;

13. A person who is homeless or formerly homeless;

14. One private citizen from each County;

15. Three representatives from homeless service providers;

16. A representative of the Homeless Planning Council;

17. A representative of the Delaware Apartment Association; and

18. A representative of the following councils and committees:

i. State Council for Persons with Disabilities

ii. Council on Public Health; and

iii. Criminal Justice Council.

(e) Members of the Council shall serve without compensation except that they may be reimbursed for reasonable and necessary expenses incident to their duties as members of the Council.
(f) A Chairperson of the Council shall be chosen by the members of the Council from among the Council members and shall serve in that capacity for a term of one year and shall be eligible for reappointment.

(g) The Council shall determine its meeting schedule, but there shall be not less than 4 meetings each calendar year, open to the public, held in an accessible place and with accommodations for people with disabilities.

(h) The Council shall have the authority to draft and adopt bylaws governing its operations, consistent with the provisions herein.
(i) The Council may establish committees as may be necessary and practicable to carry out the aforementioned duties.

(j) A simple majority of the total membership shall constitute a quorum which shall be necessary to vote on any issue.”

Approved July 21, 2008