Sen. Robert Marshall

This Act is the first leg of an amendment to the Delaware Constitution to provide for equal rights. This amendment would advance human dignity and equality for all under the Delaware Constitution, and would correct a constitutional shortcoming. It subjects unequal treatment arising from historical bias to strict scrutiny, and enables courts in Delaware to establish jurisprudence concerning equal rights violations under State law reflecting Delaware values.

This legislation amends the Delaware Code to establish the Department of Human Resources by transferring various divisions and other organizational units from the Office of Management and Budget to the newly established Department of Human Resources. The powers and duties of the Director of the Office of Management and Budget and the Secretary of the Department of Human Resources are aligned to reflect the transfers of the divisions and other organizational units of the newly established Department of Human Resources. Various sections of the Delaware Code are amended to reflect changes in titles and nomenclature.

In the 148th General Assembly, the state employees' pension law was amended by House Bill No. 363, as amended by House Amendment No. 1 to House Bill No. 363, to permit specified peace officers to retire at 25 years without any reduction. Specified peace officers will pay a higher employee contribution, and those who continue to work past 25 years of service will have the multiplier used in the calculation of benefits increased for the years past 25 years. This Act adds Delaware State University Police officers to the definition of "specified peace officers."

This Senate Concurrent Resolution designates August 4, 2017, as “Barack Obama Day” in the State of Delaware.

This Act is the first leg of an amendment to the Delaware Constitution to provide for equal protection. This amendment would advance human dignity and equality for all under the Delaware Constitution, and would correct a constitutional shortcoming. It subjects unequal treatment based on discrimination to strict scrutiny, and enables courts in Delaware to establish jurisprudence concerning equal rights violations under State law reflecting Delaware values. Currently, while the federal and many state constitutions afford equal protection, Delaware’s constitution fails to do so.

This resolution marks the centennial of the birth of President John F. Kennedy and honors his memory and those of his brothers, Robert and Edward, and of their ally in the Civil Rights struggle of the 1960s, the Rev. Dr. Martin Luther King, Jr.

In an effort to reduce overdose deaths relating to the growing epidemic of opioid addiction, this Act requires carriers to provide coverage for medically necessary inpatient treatment of alcohol and drug dependencies and prohibits carriers from imposing precertification, prior authorization, pre-admission screening, or referral requirements for the diagnosis and treatment, including in-patient treatment, of drug and alcohol dependencies. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.

The denial by private and public health benefit administrators of adequate coverage for substance abuse treatment has been identified as a major source of failed treatment efforts by persons addicted to controlled substances. These denials have also been identified as a cause of the shortage of adequate treatment facilities in Delaware. This Act seeks to ensure that persons with private and public insurance coverage have the ability to insist that they receive the substance abuse coverage to which they are entitled by law and by their insurance plans. It does so by (1) allowing the Department of Justice to provide legal assistance where appropriate to persons seeking benefits from the state’s Medicaid program, traditional health plans, or from employer-funded health benefit plans (which are exempt from state regulation), (2) requiring the state’s Medicaid program and private insurance carriers to provide notice to persons who are denied substance abuse treatment of the possibility of legal assistance in challenging those claim denials, and (3) permitting the Department of Justice to use funds in its Consumer Protection Fund to offset the cost of providing medical and legal expertise to DOJ and the Department of Insurance for the purpose of assisting persons with controlled substance addictions who are seeking treatment. This Act contains a sunset provision so that the General Assembly can assess the impact of its provisions on private and public health care costs and effective treatment of substance abuse before making its provisions permanent.

This Act requires Senate confirmation of the 11 members of the SEU Oversight Board. This Act also makes a technical correction to conform existing law to the standards of the Delaware Legislative Drafting Manual.

This resolution recognizes the month of May as "Poppy Month" in the State of Delaware.