HS1FORHB139 • 2025

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: Signed 7/30/25
Effective date: Not listed

Plain English Breakdown

The effective date is not explicitly listed in the provided metadata, though standard practice suggests it takes effect upon signature unless otherwise stated.

Changes to Hearings for Line-of-Duty Claims

This law gives the State Insurance Coverage Office the right to contest line-of-duty death claims and requires hearings only when a claim is disputed.

What This Bill Does

Gives the State Insurance Coverage Office the legal standing to participate in or contest line-of-duty death claims.
Requires the Insurance Commissioner to consider any objections from the Insurance Coverage Office before making a decision on a claim.
Removes the rule that requires a hearing for every single line-of-duty death claim.
Mandates that hearings must happen only if a claim is contested.

Who It Names or Affects

The Insurance Commissioner who reviews and decides on claims.
The State Insurance Coverage Office which pays losses from the Fund.
People filing line-of-duty death claims against the state fund.

Terms To Know

Line-of-Duty Death: A death that happens while a person is performing their official job duties, making them eligible for benefits under this chapter.
Standing to Contest: The legal right of the State Insurance Coverage Office to participate in a case and argue against a claim.

Limits and Unknowns

The official text does not state a specific effective date, only that it becomes effective upon signature or on a specified date.
The bill includes technical corrections for drafting standards but does not list every small change made to the law.

Bill History

2025-07-30 Delaware General Assembly
Signed by Governor
2025-06-26 Delaware General Assembly
Passed By Senate. Votes: 21 YES
2025-06-18 Delaware General Assembly
Reported Out of Committee (Banking, Business, Insurance & Technology) in Senate with 7 On Its Merits
2025-06-12 Delaware General Assembly
Passed By House. Votes: 40 YES 1 ABSENT
2025-06-12 Delaware General Assembly
Assigned to Banking, Business, Insurance & Technology Committee in Senate
2025-06-05 Delaware General Assembly
was introduced and adopted in lieu of HB 139

Official Summary Text

AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO LINE-OF-DUTY HEARINGS.
This substitute to House Bill No. 139 grants the Insurance Coverage Office, which is tasked by statute with adjusting all claims and paying losses covered by the Fund, standing to participate in line of duty death claims. Like House Bill No. 139, this substitute also 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, and 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

Rep. Lambert

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE SUBSTITUTE NO. 1

FOR

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 administer the Fund created under this chapter and shall

must

receive claims against the

Fund.

Fund under this chapter.

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.

As administrator of the Fund out of which benefits are paid under this chapter, the State Insurance Coverage Office established under Chapter 65 of this title has standing to contest any claim filed under this chapter, and the Commissioner must consider any such objections when rendering a decision on the validity of any claim.

(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 substitute to House Bill No. 139 grants the Insurance Coverage Office, which is tasked by statute with adjusting all claims and paying losses covered by the Fund, standing to participate in line of duty death claims. Like House Bill No. 139, this substitute also 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, and makes technical corrections to conform existing law to the standards of the Delaware Drafting Manual.