Delaware HB 139: AN ACT TO AMEND TITLE 9 OF THE DELAWARE CODE RELATING TO USE BY NEW CASTLE COUNTY OF THE MONITION METHOD OF SALE FOR THE COLLECTION OF DELINQUENT TAXES FOR THE COLLECTION OF DELINQUENT SEWER SERVICE CHARGES.

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.