DE HB166 | 2013-2014 | 147th General Assembly
Status
Completed Legislative Action
Spectrum: Moderate Partisan Bill (Democrat 8-2)
Status: Passed on July 18 2013 - 100% progression
Action: 2013-07-18 - Signed by Governor
Text: Latest bill text (Engrossed) [HTML]
Spectrum: Moderate Partisan Bill (Democrat 8-2)
Status: Passed on July 18 2013 - 100% progression
Action: 2013-07-18 - Signed by Governor
Text: Latest bill text (Engrossed) [HTML]
Summary
The first two sections of this Bill transfer authority for issuing new regulations from the Advisory Council of the Victims’ Compensation Assistance Program to the Program itself. This is consistent with the authority of other State agencies and independent boards and commissions. The process remains subject to the requirements of the Administrative Procedures Act. Substantive changes in the agency rules must be published and subject to public comment before final approval. Such proposals would not require the approval of the Advisory Council. The third section of the Bill would implement one of the recommendations set forth in the Report of the Victims’ Compensation Assistance Program Review Committee, in order to augment the revenue sources for the Victim Compensation Fund, namely to set a minimum $10 assessment. This minimum would be triggered in cases where the aggregate amount of the fine was less than $55.56. Under existing law, the assessment for fines under $55.56 would be less than $10.00. Under the amendment, the assessment for fines under $55.56 would be $10.00. The fourth section of the Bill amends the Freedom of Information Act (“FOIA”) to create an exception for deliberations of the Appeals Board, in order to allow such deliberations to take place in private. The evidentiary portion of the appeal hearing remains open to the public, except in circumstances defined in the existing FOIA law. Forcing the Appeals Board to deliberate openly raises serious privacy concerns for crime victims, where the elements of the claim are openly debated. Claims before the Appeals Board may include sensitive medical and psychological treatment. Some cases may involve credibility issues, for example where the Appeals Board must determine if the victim was engaged in the commission of a crime or was otherwise disqualified. Open deliberations inhibit the Appeals Board in its exercise of its responsibilities. Additionally, this section makes a housekeeping change by correcting a reference to the former “Violent Crimes Compensation Board” to the current name, Victims Compensation Assistance Program.
Title
An Act To Amend Titles 11 And 29 Of The Delaware Code Relating To Victims Compensation.
Sponsors
Roll Calls
2013-06-30 - Senate - Senate Third Reading (Y: 13 N: 8 NV: 0 Abs: 0) [PASS]
2013-06-30 - Senate - Senate Third Reading (Y: 15 N: 5 NV: 0 Abs: 1) [PASS]
2013-06-20 - House - House Third Reading (Y: 39 N: 0 NV: 0 Abs: 2) [PASS]
2013-06-30 - Senate - Senate Third Reading (Y: 15 N: 5 NV: 0 Abs: 1) [PASS]
2013-06-20 - House - House Third Reading (Y: 39 N: 0 NV: 0 Abs: 2) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2013-07-18 | House | Signed by Governor |
| 2013-06-30 | Senate | Passed by Senate. Votes: Passed 15 YES 5 NO 0 NOT VOTING 1 ABSENT 0 VACANT |
| 2013-06-30 | Senate | Necessary rules are suspended in Senate |
| 2013-06-25 | Senate | Assigned to Judiciary Committee in Senate |
| 2013-06-20 | House | Passed by House of Representatives. Votes: Passed 39 YES 0 NO 0 NOT VOTING 2 ABSENT 0 VACANT |
| 2013-06-20 | House | Amendment HA 1 - Passed in House by Voice Vote |
| 2013-06-19 | House | Amendment HA 1 - Introduced and Placed With Bill |
| 2013-06-12 | House | Reported Out of Committee (PUBLIC SAFETY & HOMELAND SECURITY) in House with 8 On Its Merits |
| 2013-05-30 | House | Introduced and Assigned to Public Safety & Homeland Security Committee in House |
