AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO THE DELAWARE MANUFACTURED HOME RELOCATION TRUST FUND.

Plain English Breakdown

The official source material does not provide specific details on how the act ensures DEMHRA has sufficient funds, only that it removes the cap and updates the law to match drafting standards.

Act to Change Rules for Delaware's Manufactured Home Trust Fund

This act removes the limit on how much money can be in a special fund used by the Delaware Manufactured Home Relocation Authority (DEMHRA) and makes some changes to ensure DEMHRA can manage this fund better.

What This Bill Does

• Removes the cap on the amount of money that can be in the Delaware Manufactured Home Relocation Trust Fund.
• Allows the DEMHRA Board to adjust, eliminate, or reinstate the cap on the Trust Fund with a vote from at least three out of five board members.
• Updates the law to match the standards set by the Delaware Legislative Drafting Manual.

Who It Names or Affects

• The Delaware Manufactured Home Relocation Authority (DEMHRA).
• People who rely on DEMHRA for services related to manufactured homes and relocation.

Terms To Know

Delaware Manufactured Home Relocation Trust Fund

A special fund used by the Delaware Manufactured Home Relocation Authority (DEMHRA) to pay for administrative costs and carry out its responsibilities.

DEMHRA Board

The group of five people who make decisions about how the Delaware Manufactured Home Relocation Trust Fund is managed.

Limits and Unknowns

• It does not specify when this act will take effect.
• It only changes rules for DEMHRA and does not provide new funding or resources.

Official Summary Text

AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO THE DELAWARE MANUFACTURED HOME RELOCATION TRUST FUND.
This Act repeals the cap on the amount of money in the Delaware Manufactured Home Relocation Trust Fund (Trust Fund), resolving contradictory provisions in current law regarding the Delaware Manufactured Home Relocation Authority (DEMHRA) Board’s authority to adjust the amount in the Trust Fund.

Under § 7042(e) of Title 25, the DEMHRA Board can adjust, eliminate, or reinstate the cap on the Trust Fund with the approval of at least 3 of the 5 members of the DEMHRA Board. However, § 7042(e) also provides a dollar amount cap on the amount in the Trust Fund, which under the Delaware Constitution, DEMHRA cannot change.

DEMHRA needs to be able to adjust the cap on the Trust Fund because under § 7041(b)(1) and § 7042(b) of Title 25, the money in the Trust Fund is the only money available to DEMHRA to pay administrative costs and to carry out DEMHRA’s responsibilities under Chapters 70 and 71 of Title 25. Recent legislation has given DEMHRA additional responsibilities under subchapter VI of Chapter 70 when a community owner seeks to increase the rent, but DEMHRA does not receive any appropriations to support this work. Instead, except for money appropriated for board meeting stipends, DEMHRA is “responsible for all direct and indirect costs for its operations under § 7042 of this title, including receipts and disbursements, personnel, rental of facilities, and reimbursement to other state agencies for services provided and, therefore, must be fiscally revenue-neutral.”

This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual by revising § 7041(c)(3) of Title 25 so that the number of Board members who must vote in favor of adjusting the Trust Fund is clearly stated with the Board’s other responsibilities.