DelawareHS 1 for HB 169153rd General Assembly (2024–2026)HouseWALLET

AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE BEHAVIORAL HEALTH CONSORTIUM AND THE PRESCRIPTION OPIOID DISTRIBUTION COMMISSION.

Sponsored By: Melissa Minor-Brown (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 5 benefits, 0 costs, 1 mixed.

Community voice guides opioid spending

The Commission bases spending decisions on stakeholder consensus and the views of affected communities. When it spends settlement‑derived money, it must follow the terms of statewide opioid settlements, bankruptcy plans, or other payment agreements.

New commission directs opioid settlement funds

The law creates the Prescription Opioid Settlement Distribution Commission as a subcommittee of the Behavioral Health Consortium. It manages the Prescription Opioid Settlement Fund and the Prescription Opioid Impact Fund. The Commission gives out money by grants, by having Health and Social Services make contracts, or by allocating funds to state and local governments. No money can be paid out without the Commission’s approval.

Stronger checks before opioid funds go out

The State Treasurer pays money from these funds only after authorization by the Commission chair, the OMB Director, the Controller General, and the Joint Finance Committee co‑chairs. They must use a set authorization form. A quorum is a majority of current members. The Commission must vote in a public meeting, and a majority of members present must approve actions.

Annual public reports on opioid money

Beginning January 1, 2022, the Commission posts a yearly report on its website. It shows how much money each fund received, the sources, who got grants or contracts, and how much went to local block grants. Copies go to the Behavioral Health Consortium, Legislative Services, and the State Archives.

Updated Consortium seats and term limits

The Behavioral Health Consortium now has 25 members, down from 27. Ex officio seats drop from 11 to 9. It adds the Maternal and Child Death Review Committee chair and a veteran representative with lived experience. Appointed advocates drop from three to two. Appointed members serve two‑year terms, up to three terms or six years. Shorter initial terms are allowed to stagger expirations.

Governor chairs, commission controls grants

The Governor or the Governor’s designee chairs the Commission, and the Commission may elect a vice chair. The law removes the Behavioral Health Consortium’s power to approve the Commission’s grants and contracts. The Commission now has final control over its grant‑making and contracting processes.

Sponsors & Cosponsors

Sponsor

Melissa Minor-Brown
Democratic • House

Cosponsors

Frank Burns
Democratic • House
Kendra Johnson
Democratic • House
Michael F. Smith
Republican • House
DeShanna U Neal
Democratic • House
Bryant L. Richardson
Republican • Senate
Ray Seigfried
Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 61 • No: 0

Senate vote • 6/26/2025

Passed (SM required)

Yes: 21 • No: 0

House vote • 6/12/2025