This Act ensures that all individuals, regardless of housing status, have equal opportunity to live in decent, safe, sanitary, and healthful accommodations and enjoy equality of opportunities. To that end, this Act sets forth the rights of individuals experiencing homelessness, many of which are existing constitutional rights, and creates a process by which the State Human and Civil Rights Commission and the Division of Human and Civil Rights may accept and investigate complaints of discriminatory treatment, attempt conciliation, and refer enforcement actions to law enforcement Internal Affairs if necessary. These entities already exist and administer Delaware’s Fair Housing and Equal Accommodations laws. This act is intended to prohibit discrimination on the sole basis that one is experiencing homelessness. It does not give preferential treatment to those experiencing homelessness, but merely prohibits discriminatory treatment. The complaint process requires that conciliation is attempted before a public hearing is held, as set forth in lines 151-160 and 167-169. This Act is a successor to House Bill No. 55, and differs from that bill in the following ways: 1) The new Chapter it creates is entitled “Anti-Discrimination Provisions for Individuals Experiencing Homelessness” instead of “Bill of Rights for Individuals Experiencing Homelessness.” 2) Defines the term reasonable search. 3) Expands the definition of “individuals experiencing homelessness” to include those who may be staying with different friends or family without a permanent home. 4) Eliminates a reference to voting rights, since such rights are addressed elsewhere in the Code. 5) Clarifies that the right to seek or maintain housing does not preclude or limit a municipality’s enforcement of its housing, building, and sanitation laws. 6) Changes the right to occupy a motor vehicle or recreational vehicle, provided that the vehicle is legally parked "on public property" to "in a public parking lot." 7) Confirms that the right to be free from discrimination by landlords on the basis of experiencing homelessness does not preclude a landlord’s consideration of any other factor that is permissible under State or federal law. 8) Removes the provision that the Commission and the Division may consult with state, county, and municipal officials, and other interested parties, to learn the extent, if any, to which discriminatory acts exist in the State, county, or municipality, and whether and how state, county, or municipal enforcement programs might be utilized to combat the discrimination. 9) Mandates reporting on the Division's educational activities. 10) Provides that upon preliminary confirmation that the party alleged to have engaged in a discriminatory act is a law enforcement officer or law enforcement agency, the Division shall refer the matter to the applicable Internal Affairs department (instead of the Department of Justice) for further appropriate investigation and resolution. 11) Provides that the Commission shall issue an annual report identifying organizations who has committed three or more substantiated violations of § 4504A of this title in a 12 month period. 12) Clarifies that judicial review is done in accordance with the Administrative Procedures Act. 13) Provides respondents with a cause of action for damages, including attorneys’ fees, costs, and punitive damages, against a complainant who abuses the process set forth in the act.
Sponsored bills
This resolution recognizes the importance and expertise of Direct Support Professionals to the State of Delaware on the occasion of May 21st as “Direct Support Professional” Advocacy Day, co-sponsored by the Ability Network of Delaware A Team Delaware.
Accessory dwelling units (ADUs), also known as in-law units or garage apartments, are valuable and convenient forms of housing that can help to increase Delaware’s housing supply. In order to expand affordable housing opportunities, this Act requires local governments to permit the construction of ADUs within their jurisdictions without prohibitive barriers or onerous application or zoning requirements. This substitute differs from the original by removing requirements related to the size of the single-family dwelling, clarifying requirements related to additional parking, making exceptions for aesthetic requirements within historic districts, allowing water and sewer impact fees, and allowing for local regulations that do not otherwise violate this Act. This Act carries a 2/3 vote requirement as it may indirectly affect municipal charters.
Maddy summaryThis bill designates May 16, 2024, as Zeta Phi Beta Sorority, Incorporated Day in Delaware to honor the organization's history and its mission of promoting scholarship, service, and social justice. The resolution acknowledges the sorority's founding principles and its extensive work in advocating for community upliftment, including initiatives focused on social, health, and economic equity. By officially recognizing this date, the legislation highlights the group's contributions and encourages awareness of its advocacy efforts within the state.
This resolution marks May 17, 2024, as the 70th anniversary of the U.S. Supreme Court’s landmark decision in the Brown v. Board of Education of Topeka case and honors the courage and fortitude of all who sparked the action leading to the Bulah v. Gebhart and Belton v. Gebhart cases in Delaware. It also recognizes that the work against institutional racism must be continued by all Delawareans.
House Bill 162 authorizes the process of natural organic reduction to be used in this State. Natural organic reduction is the gentle, respectful process that accelerates the decomposition of human remains to soil. This process uses large vessels to hold human remains together with straw, wood chips, or other natural materials for about 30 days. The human remains and organic materials, mixed together with warm air, are periodically turned and the process eventually results in reduction of the human remains to a soil material that can then be provided to the deceased individual's family. Natural organic reduction is considered a more eco-friendly cremation alternative, forgoing the usage of formaldehyde and the release of carbon dioxide and mercury into the atmosphere. The process also uses 1/8 the energy of cremation. Section 3 removes "and by the Attorney General or a deputy attorney general" from § 3163 of Title 16, which was overlooked when Chapter 164 of Volume 68 of the Laws of Delaware was enacted, removing similar language in § 3159 of Title 16. Section 12 of this Act replaces the citation to § 3162 of Title 16 with a citation to § 3159. Section 3162 was transferred to § 3159 when Chapter 31 was reenacted by Chapter 274 of Volume 68 of the Laws of Delaware, but this citation was overlooked. This Act takes effect the earlier of 1 year from the date of the Act's enactment or notice in the Register of Regulations that final regulations to implement this Act have been adopted. This Act also 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 § 28 of Article IV of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to expand the scope of an existing crime within the jurisdiction of the Court of Common Pleas, Family Court, or Justice of the Peace Court. This Substitute No. 1 to HB 162 adds requirements to those already set forth in HB 162 for natural organic reduction facilities and changes the permissible chemical limits for final remains after natural organic reduction. This Substitute also sets forth circumstances that preclude remains from being admitted to a natural organic reduction facility. This Substitute defines “final remains” and “last remains” identically in Title 12 of the Delaware Code to allow for the use of either phrase throughout that Title. This Substitute also makes typographical and technical corrections to conform existing and drafted law to the standards of the Delaware Legislative Drafting Manual.
This act regulates persons who receive compensation for advising or assisting with veterans' benefits earned by serving our nation in the military. This bill would not prohibit persons or business entities from receiving compensation for advice to Veterans that is unrelated to veteran claims or services available to veterans from the V.A. or its accredited agencies. Investment, insurance, banking, and other advice or services not provided by the V.A., or its accredited agencies may be obtained by veterans and fees charged for such services.
This Senate Concurrent Resolution designates the week of May 13-17, 2024, as "Charter Schools Week" in the State of Delaware and commends Delaware's public charter schools for their efforts in educating Delaware students.
This Act establishes the Office of New Americans to help improve the lives and economic prosperity of new Americans who come to Delaware and of all Delawareans generally.
Maddy summaryThis bill is a ceremonial resolution that designates May 18, 2024, as Armed Forces Day in Delaware. It does not create new laws, change policies, or affect any specific groups of people beyond honoring military service members. The measure simply acknowledges the date to recognize the contributions of past and present armed forces personnel.