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Legislation Document
SPONSOR:
Rep. Morrison & Sen. Mantzavinos
Reps. Lynn, K. Johnson, Neal, Burns, Ortega, Ross Levin; Sens. Huxtable, Lockman, Poore, Pinkney, Hoffner, Sturgeon, Cruce
HOUSE OF REPRESENTATIVES
153rd GENERAL ASSEMBLY
HOUSE SUBSTITUTE NO. 1
FOR
HOUSE BILL NO. 174
AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE VICTIMS COMPENSATION ASSISTANCE PROGRAM.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. This Act shall be known as and may be called the “Elizabeth Barnes Act”.
Section 2. Amend Part VI, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:
Chapter 90A. FAMILIES OF SUICIDE VICTIMS
§ 9001A. Declaration of purpose.
The General Assembly declares that it is a benefit to the State to support the families and dependents of individuals who have died by suicide by providing the families and dependents with assistance similar to that provided to victims of crimes. This chapter establishes a means of meeting the additional hardships imposed upon these families and dependents.
§ 9002A. Definitions.
(1) “Agency” means the Victims’ Compensation Assistance Program under Chapter 90 of this title.
(2) “Claimant” means an eligible family member or person acting on behalf of the eligible family member filing a claim under this chapter on behalf of an eligible family member.
(3) “Eligible family member” means a spouse, child, parent, sibling, or other legal dependent of an individual who died by suicide within the State.
(4) “State government” includes any of the following:
a. An office or agency created by the Delaware Constitution or an act of the General Assembly.
b. An office or agency created by an office or agency created by the Delaware Constitution or an act of the General Assembly.
c. A school district or charter school.
(5) “Suicide” means the intentional taking of one’s own life, as listed on the individual’s death certificate.
(6) “Suicide Victims’ Assistance Fund” or “Fund” means the special fund established under § 9003A of this title.
§ 9003A. Establishment of the Suicide Victims’ Assistance Fund.
(a) There is hereby established an appropriated special fund known as the Suicide Victims’ Assistance Fund that shall be administered by the Agency in accordance with this chapter and other applicable law.
(b) Funds in the Suicide Victims’ Assistance Fund:
(1) May be used to provide assistance or services to eligible family members as described in this chapter.
(2) Must be administered separately from all other funds administered by the Agency.
(3) Must be invested by the State Treasurer consistent with the investment policies established by the Cash Management Policy Board. The State Treasurer must credit interest to the Fund monthly consistent with the rate established by the Cash Management Policy Board.
(4) May be used to pay for Agency administrative expenses and other disbursements authorized by this chapter.
a. Moneys in the Fund may be expended for any purpose in furtherance of the administration of this chapter.
b. The Director of the Office of Management and Budget may waive the procurement requirements under Chapter 69 of Title 29 for expenditures made from the Fund.
c. The Agency must provide a written report not later than the second Tuesday of January each year to all of the following regarding each expenditure made under the Fund in the previous fiscal year and to what extent the expenditure accomplished the intended purpose of the expenditure:
1. The Governor.
2. The President Pro Tempore and Secretary of the Senate, for distribution to all Senators.
3. The Speaker and Chief Clerk of the House of Representatives, for distribution to all Representatives.
4. The Controller General.
5. The Director and the Legislative Librarian of the Division of Legislative Services.
6. The Director of the Public Archives.
7. The Secretary of the Department of Safety and Homeland Security.
8. The Secretary of the Department of Services for Children, Youth and Their Families.
(c) Appropriations for the Suicide Victims’ Assistance Fund will be made through the annual Appropriations Act. Balances in the Suicide Victims’ Assistance Fund on June 30 of each year carry forward and may not revert to the General Fund.
§ 9004A. Assistance to eligible family members.
(a) Eligible family members may receive financial assistance or other services from the Agency after filing a claim under § 9012 of this title, including:
(1) Mental health counseling and psychiatric care.
(2) Funeral expenses, not to exceed $5,000.
(3) Burial expenses, not to exceed $2,500.
(4) Temporary housing, not to exceed $1,500.
(5) Moving expenses, not to exceed $1,000.
(6) Suicide scene cleanup, not to exceed $1,000.
(7) Lost wages of parents or others charged with the care, custody, or guardianship of the children or legal dependents of the individual who died by suicide, while providing care for those children or legal dependents of the individual who died by suicide.
(8) Loss of support for eligible family members, not to exceed $3,000, when all of the following are established:
a. The individual who died by suicide was gainfully employed or had other legal income at the time of death.
b. The eligible family member is fully or partially dependent on the income of the individual who died by suicide.
c. The eligible family member no longer receives income from the individual who died by suicide.
(9) Child care, not to exceed the child care deposit plus 2 months of care by a state-approved or licensed day care provider.
(10) Medical expenses.
(11) Nonmedical remedial care and treatment rendered in accordance with a religious method of healing.
(12) Hospital expenses.
(13) Other support services deemed necessary and appropriate by the Agency.
(b) The Agency must promulgate rules and regulations to investigate and administer all claims made under this chapter. The Agency may promulgate regulations governing the administration of the Fund, including the methodology for proportional reductions of awards under § 9007A(b) of this title.
(c) Claimants may request reconsideration of a decision by the Agency within 30 days after the date the Agency decision is mailed. Requests for reconsideration shall follow the process established under § 9012 of this title.
(d) Claims made under this chapter shall be paid out after all other sources of victim compensation are exhausted, including life insurance, health insurance, and homeowner’s insurance.
(e) Payments to claimants may be reduced under § 9007A(b) of this title.
§ 9005A. Reporting and Accountability.
The Agency must include in its annual report a section on the activities and expenditures of the Suicide Victims’ Assistance Fund, detailing the services provided, the number of families assisted, and the sources of funding.
§ 9006A. Applicability of existing Agency laws, rules, and regulations to this chapter.
(a) Unless otherwise indicated by the Agency, all existing Agency rules and regulations shall apply to claims made under this chapter.
(b) Claims made under this chapter shall receive the same protections and be subject to the same penalties provided under §§ 9013, 9015, and 9020 of this title.
§ 9007A. Annual expenditure cap; payment reductions.
(a) Notwithstanding any other provision of law, total expenditures from the Fund in any fiscal year may not exceed $750,000. For purposes of this subsection, “total expenditures” include all payments for victim compensation and any other disbursements made from the Fund.
(b) If projected expenditures are expected to exceed the cap established under subsection (a) of this section, or once 75% of the appropriated funds for the fiscal year have been disbursed, the Agency must proportionally reduce payments on pending and future claims for the remainder of the fiscal year to ensure total expenditures remain within the cap. Any proportional reduction under this subsection may not affect eligibility determinations and may apply only to the amount of compensation awarded. No proportional reduction may apply to payments already disbursed. Any proportional reduction must be applied uniformly across all affected claims. The Office must notify the Director of the Office of Management and Budget and the Controller General of any proportional reduction implemented under this section.
Section 3. This Act takes effect on July 1 following its enactment into law and the appropriation of funds for the Fund. Benefits under this Act are available only to claimants with an eligible family member who died by suicide on or after the date of enactment of this Act.
Section 4. Beginning in Fiscal Year 2028, and every 2 fiscal years thereafter, the General Assembly shall review the expenditure cap established under § 9007A(a) of this Act and may adjust the cap by statute to reflect revenue trends, inflation, or programmatic need.
SYNOPSIS
Like House Bill No. 174, this substitute enables family members of individuals who have died by suicide to receive support services through the present Victims Compensation Assistance Program through a Suicide Victims’ Assistance Fund. This Act takes effect on July 1 following its enactment into law and the appropriation of funds into the Suicide Victims’ Assistance Fund.
This substitute differs from the original bill by removing language providing funding for the bill through surcharges on business, residential, wireless, and prepaid wireless services. Instead, this substitute calls for the Suicide Victims’ Assistance Fund to be funded through annual appropriations by the General Assembly. This substitute also imposes a cap on annual expenditures from the fund and requires proportional reductions to claim payments for the remainder of the year if expenditures are expected to exceed the cap or once 75% of appropriated funds have been disbursed.
This Act also calls for the General Assembly to review the expenditure cap and adjust it as appropriate every two years, beginning in Fiscal Year 2028.