Legislative Update 2
June 14, 2022 - Additional Perspectives
It’s a full time job trying to fight back all the sneaky, unfair and often unconstitutional legislation our darling legislatures are passing here in the 11th hour, not to mention trying to keep up with the horrors of the last two and a half years.
A simple phone call stating you oppose House/Senate Bill XYZ and as a result will not vote for Representative/Senator again in the next election if they support/sponsor such named bills, is often enough. Those answering the phones are often interns tasked with keeping a simple tab of who calls and says what.
The Legislature is moving rapidly to pass bills that have broad, negative impacts on our State. Some of these are facing hearings TOMORROW (6/15/22) and the days ahead. This is very ugly stuff, from a Republican perspective. I ask you to make personal contacts with your legislators and to distribute this information broadly among like-minded citizens of our state.
The majority of these bills are firearms-related, but the list is not limited to that topic. I will cover the non-firearms bills, first.
Voting
HS1 for HB25 - Same-Day Registration
Would allow voters to register at the polling place on Election Day, limiting the ability to validate their eligibility to vote. Current law requires registration 30 days in advance of an election, to allow thorough review of records.
To be heard in the Senate Elections & Government Affairs committee on 6/15 at 11:30.
SB320 - Vote by Mail proposed by Senator Evans-Gay
Proposes to bypass the constitutional limits on absentee ballots, by exercising the Legislature's power to set the time, manner and method of elections.
To be heard in the Senate Elections & Government Affairs committee on 6/15 at 11:30.
Life
HB455 - Expanded Authority to Perform Abortions
Expands the authority for Physician's Assistants, Advanced Practice Nurses/Nurse Practitioners to perform both pharmaceutical and surgical abortions.
Passed the House (24-13) on 6/14 and is headed to the Senate Health & Social Services committee for hearing, likely next week.
Climate
SB305 - Establishes Statutory Emission Reductions
Shifts authority to State agencies to enact rules.
Passed the Senate (13-6) and sent to the House Natural Resources committee for hearing on 6/16 @ 1pm.
Rep. Postles has added an amendment (yet to be approved) to provide legislative oversight.
HB220 - Proposes Constitutional Amendment (first leg) establishing "the right to a clean & healthy environment"
Very vaguely written and prone to abuse by advocates.
Labor
HB435 - Requiring Union Labor on State, Municipal & School District Projects >$3M
Passed by the House Labor Committee and forwarded to the House Appropriations Committee on 6/14. A hearing is not yet scheduled.
Firearms
Major efforts have emerged in the shadow of recent, highly publicized shootings in Texas, Chicago and elsewhere. There was broad agreement NOT to pursue a number of bills that were awaiting action, until these events. Things are now in OVERDRIVE!
HB450 - Semi-Auto Firearms Ban ("Assault Weapons Ban", but expanded further)
Bans purchase, sale and possession of over 60 listed firearms. There is a grandfather clause for firearms purchased before the ban, but limitations on transport and usage. Firearms may be inherited, but not sold/purchased.
Heard in the House Administration Committee, 6/8, with public comment. Testimony was limited to "1 minute" and the hearing was limited to 90 minutes. Despite opposing comments outnumbering supporting comments, it cleared committee along party lines and was sent to the Floor.
Rep. Longhurst, in a very underhanded move, applied an amendment the following day, less than 2 hours before floor consideration, that greatly expanded the scope of firearms that would be affected. It passed, nonetheless by a vote of 22-19.
Hearing scheduled in the Senate Executive Committee on 6/15 @ noon.
HB451 - Raises the age to purchase all firearms (except shotguns) from 18 to 21.
Potentially violates Delaware Constitution, as a "person" is protected and is defined as an adult, over the age of 18.
The House voted 27-13 on 6/14 (today) to pass this bill and send it to the Senate Executive Committee.
Hearing in the Senate Executive Committee at noon on 6/15 (Tomorrow!)
SS1 for SB6 - Makes all firearm magazines with capacity for greater than 17 rounds illegal
Requires sale/"buyback" to the state with modest compensation ($10).
Exempts law enforcement and concealed carry license-holders.
Rejected original amendments to raise the round count to common "standards" (20 pistol/30 rifle) and to provide an exemption for manufacturing for sale outside the state. There is a company in Georgetown that employs 40 people in manufacturing.
This bill awaits action on the Senate floor and would be returned to the House in its modified form.
SB323 - Protect Georgetown Company from SB6
In lieu of the failed amendment, Sen. Pettyjohn crafted a separate bill to protect the manufacturing jobs affected if SB6 passes.
SB302 - Open Federal Firearms Licensees and Firearms Manufacturers to Liability for Misuse of Their Products
A brazen attempt to bankrupt businesses involved with firearms.
There is Federal protection in place, but this conflict would have to be litigated.
Hearing in the Senate Executive Committee at noon on 6/15 (Tomorrow!)
SB8 - Outlawing Machine Guns and Parts that can Convert Semi-Auto to Automatic Fire
A silly bill that outlaws items that are already illegal at both a State and Federal level.
Hearing in the Senate Executive Committee at noon on 6/15 (Tomorrow!)
HB423 - Replacement of the Federal NICS Background Checks with a State-based SBI System
Delaware is among the states that DON'T report all felons and "persons prohibited" to the NICS database. We report only those with mental illness issues! This law returns us to a state-based system to address this flaw, rather than requiring federal reporting.
There are competing positions among even Pro-Gun factions on this bill. Several Republicans have chosen to support/sponsor this bill. Most gun rights groups oppose it as "additional regulation that limits constitutionally-protected rights."
It passed the House, 41-0 (unanimously) and has been sent to the Senate Executive Committee. It is on the Agenda for tomorrow, 6/15 @ noon (with several of the other bills).
Like it said, it's an ugly list and many of these actions emerged with little notice and are being rammed through the Legislature before the close of the session on 6/30. I encourage you to act - both directly and in communicating these concerns to like-minded citizens.
