For reasons I don’t fully understand, I get periodic emails from Delaware’s Republican caucus. Maybe because I used to be a reporter and editor for a weekly newspaper group.
As in many states, Delaware used to have Republicans with common sense.
Here’s what they have to say. (Links had to be removed along with formatting in order to paste it here.) … note that an “increase in school safety” involves guards and locks and so on. They do endorse a state background check system, but that only works if set up and run correctly.
(The photo above pretty much delivers the message that Democrats are “taking aim” at “rights,” eh?
Their carping about “gun control” does however summarize safety proposals.
Issue 543 - June 3, 2022
In This Issue:
Governor, House & Senate Democrats Backing Slate of Gun Control Measures
House Republicans Opposing Bill Seeking to Usurp Parental Oversight
OPINION: Increasing School Safety Should be the Goal of Lawmakers
Legislature Reconvenes Tuesday
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Governor, House & Senate Democrats Backing Slate of Gun Control Measures
Governor John Carney joined with Senate and House Democratic leaders on Thursday to telegraph their intentions to advance a package of gun control legislation in the final month of the 2022 legislative session.
The package includes the following measures, as described by advocates:
Banning the sale of "assault weapons" (House Bill 450)
Limiting high-capacity magazines (Senate Bill 6)
Raising the age from 18 to 21 to purchase most firearms (House Bill 451)
Strengthening background checks by reinstituting the Firearm Transaction Approval Program (House Bill 423)
Holding gun manufacturers and dealers liable for reckless or negligent actions that lead to gun violence (not yet introduced)
Banning the use of devices that convert handguns into fully automatic weapons (not yet introduced)
House Bills 450 and 451 will be heard in the House Administration Committee on Wednesday, where their release is a fait accompli. According to Thursday's announcement, both bills are expected to be worked in the House of Representatives and Senate on Thursday.
While the authors of House Bill 450 frame the legislation as a ban on assault weapons, it actually seeks to prohibit the manufacture, sale, transport, and possession of more than 60 specific makes and models of semi-automatic rifles, pistols, and shotguns. Fully automatic weapons are already illegal in The First State.
The measure would also ban firearms on the basis of having certain cosmetic or physical features, such as a folding stock or flash suppressor, or having a lengthy pistol grip.
Under House Bill 450, the owners of the prohibited weapons would be allowed to retain their property but would be obligated to prove they purchased the firearms prior to the legislation taking effect. They would also be restricted to where the guns could be taken and how they could be transported.
Senate Bill 6, also known as the Delaware Large Capacity Magazine Prohibition Act of 2021, had originally called for banning the sale and possession of any firearm magazine with a capacity exceeding 17-rounds of ammunition. The measure was significantly amended in the House last year changing the limit on magazine capacity to 20 rounds for a handgun and 30 rounds for a long gun. Given Thursday's announcement, Senate leaders may attempt to restore the legislation to its original form and send it back to the House for reconsideration.
In contrast to the other five measures in the package, House Bill 423 has bipartisan support. Background checks are required for purchasing firearms in Delaware. These checks are currently performed by federal officials, but that system has proven to be overburdened and lacking. This bill would re-establish a state-based system for background checks which would not only include the federal database but other databases as well. The result would be faster and more thorough background checks.
Read the entire gun-control package announcement by clicking here.
House Republicans Opposing Bill
Seeking to Usurp Parental Oversight
The Lawmakers Maintain HB 400 is Part of a Strategy to Expand Abortion and Gender Transition Services to Minors Without Parental Consent
All 15 members of the House Republican Caucus are taking a stand against a bill they maintain is part of an effort to appropriate parental authority and give minors autonomy to receive abortion and gender transition services.
House Bill 400 would allow insured dependents to receive “sensitive health care services” without the knowledge of the policyholder.
When a child covered under a parent’s health insurance policy and is treated, the parent often learns of it through an “explanation of benefits” notice sent by the insurer. HB 400 supporters claim the current status quo has a chilling effect on young adults seeking sensitive health care services. Rather than risk the disclosure of awkward information to their parents, they avoid treatment.
“They make a legitimate point,” said State House Minority Leader Danny Short (R-Seaford). “Under the federal Affordable Care Act, children can remain on their parent’s health care plan until they are 26 years old. Since individuals who reach the age of 18 are legally autonomous, our members agree that adult children should be able to preserve the confidentiality of their health care decisions.”
However, HB 400 would also prevent insurers from informing parents about services received by minors. It is on this point that House Republicans break with majority Democrats.
The bill’s prime sponsor, State Rep. Krista Griffith (D-Fairfax), says her legislation “doesn’t change any current law on the age of parental consent for reproductive care, or any other health care services.” In discussing House Bill 400 on a recent Facebook post, she noted her measure only changes the health insurance billing process. “This bill is…for the 24-year-old adult who is covered by a family health plan but doesn’t want their parents to know that they took an STD test or sought help for substance abuse. Sometimes, very similar circumstances apply to people under age 18, like a victim of abuse who doesn’t want their abuser to know they’re seeing a therapist.”
While HB 400 would not change parental consent laws, existing state law already gives children between the ages of 12 and 18 significant autonomy for making certain health care decisions without parental knowledge or consent. Under Delaware law (Title 13, Chapter 7, Section 710a), 12 to 18-year-old minors who claim to be pregnant, believe they could be pregnant or might have a sexually transmitted disease can give consent for treatment without the involvement of their parents. Abortions involving minor patients still require parental approval.
“Most Delawareans are also unaware that parents signing school-based wellness center consent forms may be waiving their right to be informed of the services their children receive there,” said State House Minority Whip Tim Dukes (R-Laurel).
Rep. Dukes points to a law enacted earlier this spring as another reason his caucus is critical of HB 400. The new statute (formerly House Bill 320) allows physician assistants and advanced practice registered nurses to prescribe medication for terminating early-stage pregnancies.
“HB 320 & 400 appear to be two steps in a three-step process to allow minors, 12 to 18, to receive abortion drugs at school-based wellness centers – or any doctor’s office, clinic, or health care facility – without parental knowledge,” Rep. Dukes said. “With the enactment of HB 400, insurance companies would be barred from informing parents about the meds paid for by their policies.
“The final step would be to amend Title 13 to expand the scope of medical services for which minors, 12 to 18, could self-approve to include abortion services, gender transition services, and other procedures,” Rep. Dukes continued. “These items are specifically included in HB 400’s list of ‘sensitive health care services.’”
Seven of the eight legislators that were prime sponsors of House Bill 320 are also sponsoring House Bill 400.
“At the heart of this maneuvering is an arrogant presumption that keeping parents out of health care decisions involving their minor children will lead to better outcomes,” Rep. Short said. “The lawmakers backing these actions view parents with unveiled suspicion, not trusting them to act in the best interests of their children.”
It was less than five years ago the Carney administration attempted to promulgate a proposed regulation that would have, among other things, allowed school children of any age to self-select their gender and racial identities while at school, without parental notification or permission. It was eventually, reluctantly dropped after a mass demonstration of public opposition.
Reps. Short & Dukes say HB 400 should be amended so that it solely addresses the issue of adult confidentiality. The bill has been released from committee and can be added to the House Agenda for action at any time. Lawmakers return to action on Tuesday for the final month of the session.
student-walking-hallway.jpg
- OPINION -
Increasing School Safety Should be the
Goal of Lawmakers, Budget-writers
By State House Minority Leader Danny Short
Following the tragic events at Robb Elementary in Texas, there has been a renewed emphasis on keeping our kids safe.
Many lawmakers, on both the federal and state levels, have defaulted to their established agendas, proposing laws to restrict firearm ownership.
Gun control proposals are controversial and divisive. Regardless of the relative merits of each measure, they tend to be only tangentially focused on what should be our ultimate objective – keeping our schools secure and our children and educators safe from harm.
Instead of unilaterally promoting a package of partisan legislation, we offer the following suggestions that all lawmakers should be able to fully support:
Appropriate Money to the Delaware School Safety and Security Fund
The Delaware School Safety and Security Fund was created several years ago to provide partial or full funding to school districts, vocational-technical schools, and charter schools for projects to improve safety or security. More than a dozen categories are highlighted in the law, ranging from active shooter training to the installation of magnet security systems and access card equipment.
The initial appropriation for this initiative was $5 million. This should again be fully funded.
Enact House Bill 388 – School Constables
Sponsored by State Reps. Kevin Hensley (R-Townend, Odessa, Port Penn) & Sherae'a Moore (D-Middletown), this bipartisan act would expand the scope of the Delaware School Safety and Security Fund to authorize school districts to use these appropriations to initially hire and retain school constables. Typically staffed by retired law enforcement personnel, constables act as both peacekeepers and armed security for the schools in which they work.
This measure has been pending action in the House Education Committee since late April. The bill currently has no fiscal note (cost to taxpayers) because it seeks only to expand the use of the existing Delaware School Safety and Security Fund. It should be released from the committee and enacted.
Survey All Public Schools, Identify Needs, Finance Construction
The security of Delaware schools has been significantly upgraded over the last decade, but there is room for improvement. Lawmakers regularly visit schools and this experience has revealed that the security of these facilities is inconsistent.
We call for setting aside $100 million in a new school security capital fund. The fund would initially finance a comprehensive review of every public school in the state, citing what improvements were needed at each site to harden it to meet or exceed a sufficient security threshold. The fund would then finance these projects as they are identified, shortening the time frame for all schools to meet the standard.
Enact House Bill 423 – Reestablishing State Background Checks
Background checks are currently required for purchasing firearms in Delaware. These checks are currently performed by federal officials, but that system has proven to be overburdened and lacking. This bipartisan bill would reestablish a state-based system for background checks which would not only include the federal database but other databases as well. The result would be faster and more thorough background checks.
Form a Taskforce to Explore the Use of Information Technology to Detect High-Risk Individuals
One lesson we have learned from the mentally ill individuals that are typically responsible for committing mass murders is that they have often hoisted their own warning flags through public social media posts. We propose forming a non-partisan task force to determine the feasibility of leveraging information technology for detecting high-risk individuals through these public pronouncements. Many employers, including major professional sports leagues, already conduct such checks as part of their due diligence in the hiring/drafting process. While this approach has potential pitfalls, it costs us nothing to explore the issue given the potential promise it holds for preemptively determining if an individual poses a threat or needs help.
As of the latest state revenue forecast, there is $6.48 billion in revenue available for the new fiscal year that begins on July 1. There is no reason all of the aforementioned proposals cannot be fully funded and receive the support of lawmakers on both sides of the aisle and be signed into law by Gov. John Carney.
These proposals will result in rapid, tangible improvements in school security and increase the level of safety for everyone learning and working inside these facilities.
Legislature Reconvenes Tuesday
There are 12 legislative days remaining in the 151st General Assembly.
The legislature will reconvene on Tuesday, June 7.
To see Tuesday's Senate Agenda, click here.
To see Tuesday's House Agenda, click here.
Lawmakers will meet every Tuesday, Wednesday, and Thursday throughout the remainder of the month, concluding in the early morning hours of Friday, July 1st when they will move into "special session," ending their planned work for the year soon afterward.
Delaware State House of Representatives, Republican Caucus | 411 Legislative Avenue, Office H-23, Dover, DE 19901
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