This Resolution proclaims June 19, 2023. as Juneteenth National Independence Day in Delaware and encourages the people of Delaware to reflect upon the significant roles and many contributions of African Americans and to celebrate this day with appropriate activities and events.
This Act prohibits municipal ordinances that require the eviction of tenants for criminal activity by a tenant, member of the tenant's household, or a guest. This Act does not change a landlord's ability to exercise discretion and evict a tenant for criminal activity or other material lease violations under § 5513 of Title 25 and is consistent with, and avoids conflicts with, the protections for victims of domestic abuse, sexual offenses, or stalking under § 5316 of Title 25. This Act is a recommendation of the African American Task Force, established under Senate Bill No. 260 (150th General Assembly). In addition, the 2020 Statewide Analysis of Impediments to Fair Housing Choice, a report produced by the Delaware State Fair Housing Consortium, lists the removal of crime-free housing ordinances and legislation banning such ordinances as one of its goals for ensuring that people within the protected classes have equal access to housing. Currently, at least 6 municipalities in Delaware have crime-free housing ordinances. Generally, these ordinances require landlords to include an addendum on their lease agreements prohibiting a tenant, member of the tenant’s household, or a guest from committing a criminal activity within a specified distance of their unit. If a tenant, member of the tenant’s household, or a guest commits a certain number of criminal activities within a specified time period, the landlord must initiate eviction proceedings. If a landlord does not file to evict the tenant, the landlord may lose their rental license. Crime-free housing ordinances are problematic for the following reasons: 1. The definition of criminal activity is generally vague and open to interpretation, and may include low-level offenses such as trespassing, loitering, and disorderly conduct. 2. The standard for what is considered criminal activity does not require an arrest or conviction, and instead, can consist of merely an allegation or contact with the police. 3. These ordinances penalize victims of crime for seeking help from the police. 4. These ordinances can result in evictions of tenants based upon racially motivated complaints by neighbors. This Act requires a greater than majority vote for passage because § 1 of Article IX of the Delaware Constitution requires the affirmative vote of two-thirds of the members elected to each house of the General Assembly to amend a charter issued to a municipal corporation.
Currently school employees must use their accumulated sick leave to take off for a religious holiday that is not a State recognized religious holiday. This Act allows for 2 floating holidays per school year that would not fall within a State recognized religious holiday. The 2 floating holidays are not to be considered part of the employee's sick leave and cannot be accumulated. The building administrator must approve the request to be absent for a floating holiday but cannot ask the reason for the request. A request may only be denied if school operational requirements cannot be met.
This bill repeals the requirement that the Housing Director provide notice of the allocation of Low-Income Housing Tax Credits and Housing Development Funds to the state senator, the state representative, and the chief executive officer of the local jurisdiction in which the project receiving the allocation is located. These notification requirements are duplicative of federal requirements to notify a jurisdiction’s chief executive officer of an allocation of Low-Income Housing Tax Credits. Additionally, such notification requirements are considered to be impediments to fair housing choice. The 2011 and 2020 Analysis of Impediments to Fair Housing Choice reports, identified the notification requirements as impediments to fair housing. The reports were jointly prepared by Delaware State Housing Authority and local governments that receive HUD funding in fulfillment of their obligation to conduct fair housing planning. Furthermore, the National Council of State Housing Agencies (NCSHA), a nonpartisan organization that represents state housing finance agencies, discourages the use of notification requirements in their 2017 Recommended Practices in Housing Credit Administration report.
This is the first leg of an amendment to the Delaware Constitution to conserve, protect and maintain Delaware's natural resources, including its water, air, soil, flora, fauna, ecosystems and climate. This Amendment would create an inherent and inalienable right for all Delawareans to a clean and healthy environment. The Amendment would also declare the State, including all of its branches, agencies, and political subdivisions, as trustee of the State's natural resources. By enacting this amendment Delaware would join other States which have or are seeking similar provisions, in their respective Constitutions, creating the same inherent and inalienable rights for their citizens.
This Senate Concurrent Resolution recognizes November 2023 as "Autoimmune Disease Awareness Month" in the State of Delaware.
This Senate Concurrent Resolution designates June 9, 2023, as "Freshwater Wetlands Day" in the State of Delaware.
Currently, all health insurance plans subject to requirements under Delaware law must include at least 1 formulation of epinephrine autoinjectors on the lowest tier of the carrier's drug formulary for individuals who are 18 years of age or younger. This Act expands this requirement to all covered individuals, regardless of age, by January 1, 2024. This Act also makes a technical correction to §§ 3571Y of Title 18 to add standard language about applicability, which is already in § 3370D of Title 18.
This Senate Concurrent Resolution designates May 25, 2023, as “Africa Day” in Delaware.
This bill is the Cover All Delaware Children Act. Many children who are undocumented do not have access to routine or preventative healthcare, including vaccinations and physicals, because they cannot afford the services. Instead they may rely upon emergency room visits when untreated conditions worsen. Providing publicly funded healthcare coverage to low-income children greatly improves their health and long-term outcomes. Medicaid coverage is linked to fewer chronic conditions, better overall health, improved oral health, and fewer hospitalizations and emergency room visits. This Act directs the Department of Health and Social Services to develop and operate a limited medical assistance program for children in Delaware who are not otherwise covered, including children who are not documented. A child resident in the state whose family income is low enough that they would qualify on that basis for Medicaid or CHIP coverage, but is not eligible for Medicaid or other federally funded coverage, is eligible for coverage and medical care under this Act. The coverage would be co-extensive with that provided by CHIP and Medicaid, except that it would not include in-patient care at a hospital or other healthcare facility. The Act also directs the State to submit a plan amendment to the Centers for Medicare & Medicaid Services so that the state can take advantage of the federal CHIP option to include coverage of pregnant women regardless of immigration status.
