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HB139 • 2025

AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO LINE-OF-DUTY HEARINGS.

AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO LINE-OF-DUTY HEARINGS.

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Bush
Last action
2025-07-30
Official status
Lieu/Substituted 6/5/25
Effective date
Not listed

Plain English Breakdown

Checked against official source text during the last sync.

Changes to Hearings for Line-of-Duty Death Claims

This law changes when a hearing is required for line-of-duty death claims and updates legal language in Title 18 of the Delaware Code.

What This Bill Does

  • Removes the rule that requires a hearing for every line-of-duty death claim.
  • Requires hearings only if someone contests or disagrees with a claim.
  • Allows the Insurance Commissioner to decide on uncontested claims using written documents.
  • Updates legal words like changing 'shall' to 'must' in Title 18 of the Delaware Code.

Who It Names or Affects

  • The Delaware Insurance Commissioner
  • Families and covered persons filing line-of-duty death claims

Terms To Know

Line-of-Duty Death claim
A request for money from a state fund when someone dies while working in an official job.
Contested claim
A claim where the decision is challenged or disagreed with by another party, requiring a hearing.

Limits and Unknowns

  • The text does not state a specific date when this law takes effect.
  • While hearings are described as costly and delaying claims, exact dollar amounts or time periods saved are not listed.

Bill History

  1. 2025-07-30 Delaware General Assembly

    HS 1 for HB 139 - Signed by Governor

  2. 2025-06-26 Delaware General Assembly

    HS 1 for HB 139 - Passed By Senate. Votes: 21 YES

  3. 2025-06-18 Delaware General Assembly

    HS 1 for HB 139 - Reported Out of Committee (Banking, Business, Insurance & Technology) in Senate with 7 On Its Merits

  4. 2025-06-12 Delaware General Assembly

    HS 1 for HB 139 - Passed By House. Votes: 40 YES 1 ABSENT

  5. 2025-06-12 Delaware General Assembly

    HS 1 for HB 139 - Assigned to Banking, Business, Insurance & Technology Committee in Senate

  6. 2025-06-05 Delaware General Assembly

    Substituted in House by HS 1 for HB 139

  7. 2025-05-13 Delaware General Assembly

    Reported Out of Committee (Economic Development/Banking/Insurance & Commerce) in House with 9 Favorable, 1 On Its Merits

  8. 2025-05-06 Delaware General Assembly

    Introduced and Assigned to Economic Development/Banking/Insurance & Commerce Committee in House

Official Summary Text

AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO LINE-OF-DUTY HEARINGS.
This Act eliminates a requirement for the Insurance Commissioner to hold a hearing for every Line-of-Duty Death claim, and instead mandates they occur only if the claim is contested. These hearings can be emotional burdens for families and covered persons, can delay the adjudication of the claim, and are costly for the Department of Insurance to conduct.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Drafting Manual.

Current Bill Text

Read the full stored bill text
Legislation Document

SPONSOR:

Rep. Bush & Sen. Mantzavinos

Reps. Ross Levin, D. Short, Romer, Griffith, Yearick; Sens. Buckson, Hocker, Hoffner, Wilson

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 139

AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO LINE-OF-DUTY HEARINGS.

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

Section 1. Amend § 6605, Title 18 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 6605. Administration of Fund; adjudication of claims.

(a) The Insurance Commissioner

shall

must

administer the Fund created under this chapter and

shall

receive claims against the Fund. The Commissioner

shall

must

determine the validity of all such claims and determine whether a death resulting in any such claim was in the line of duty under terms set forth in § 6601 of this title. In making such determinations, the Commissioner may seek the guidance of the Attorney General.

(b)

The Commissioner

shall

must

hold a hearing on every

contested

claim, at which hearing the claimant may be represented by counsel.

The Commissioner may determine uncontested claims on the papers.

The Commissioner shall, at the hearing,

For all claims, the Commissioner must

receive evidence, make findings, and render a decision. The Commissioner

shall have

has

the power to subpoena witnesses and records and administer oaths and

shall

must

keep a written or taped record of all testimony

given before him or her.

given.

The Commissioner

shall

must

state, in writing,

his or her

the Commissioner’s

findings and the reasons for

his or her

the

decision.

(b)

(c)

The Commissioner may issue regulations governing the submission,

processing

processing,

and adjudication of claims, including regulations governing

hearings before him or her.

hearings.

SYNOPSIS

This Act eliminates a requirement for the Insurance Commissioner to hold a hearing for every Line-of-Duty Death claim, and instead mandates they occur only if the claim is contested. These hearings can be emotional burdens for families and covered persons, can delay the adjudication of the claim, and are costly for the Department of Insurance to conduct.

This Act also makes technical corrections to conform existing law to the standards of the Delaware Drafting Manual.