AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO 988 BEHAVIORAL HEALTH CRISIS INTERVENTION SERVICES.

The National Suicide Hotline Designation Act of 2020 established 988 as the universal phone number for "the national suicide prevention and mental health crisis hotline system operating through the National Suicide Prevention Lifeline." This Act provides the framework to maximize the benefits of 988 and provide crucial support to Delawareans in need through the implementation of a practical, modern, and comprehensive, integrated crisis care system. This Act is a second substitute for House Bill No. 160. Like House Bill No. 160 this Act does the following: (1) Created the Behavioral Health Crisis Services Board (“Board”) to provide oversight and input on the development of an integrated behavioral health crisis care system in this State. (2) Imposes a behavioral health crisis intervention services surcharge on business and residential telephone services, wireless telephone services, and prepaid wireless telephone services. The surcharge will create a dedicated funding source for behavioral health crisis services. The Behavioral Health Crisis Intervention Services Fund is created to receive the surcharge funds. Specifically, this Act establishes a 60-cent per month per line fee on phone lines and a 60-cent one-time fee on prepaid services. Like House Substitute No. 1 to House Bill No. 160, this Act does all of the following: (1) Models the behavioral health crisis intervention services surcharge after the existing E-911 surcharge and prepaid wireless E911 surcharge created under Chapter 101 of Title 16 of the Delaware Code. (2) Removes the creation of the Behavioral Health Crisis Communication Center and instead directs the Board to develop and recommend a plan for establishing, operating, and maintaining a behavioral health crisis communications center. The Board must submit the plan to the Governor and General Assembly within 12 months from the effective date of this Act. (3) Makes changes to the definition of “mobile crisis team”. (4) Makes changes to the composition of the Board to add the Executive Director of the Ability Network of Delaware and the Executive Director of each of Delaware’s Lifeline Centers. This Act differs from House Substitute No. 1 to House Bill No. 160 as follows: (1) Exempts State government from the behavioral health crisis intervention services surcharge. (2) Removes a provision that would permit an increase in the behavioral health crisis intervention services surcharge collected for prepaid wireless telecommunication services if the General Assembly increased the behavioral health crisis intervention services surcharge collected for residential and business telephone service, wireless service, and nontraditional communication service. (3) Removes the “crisis intervention service” definition. (4) Removes "Providing crisis intervention services." from the list of eligible expenditures for the Behavioral Health Crisis Intervention Services Fund and replaces it with "Establishing, operating, or contracting for crisis teams for adults and children.". This Act requires a greater than majority vote for passage because § 11 of Article VIII of the Delaware Constitution requires the affirmative vote of three-fifths of the members elected to each house of the General Assembly to impose or levy a tax or license fee