Assisted Suicide Bill Vetoed by Governor

Delaware will not soon be joining the ten states that allow assisted suicide after Gov. John Carney today vetoed pending legislation that would have legalized the procedure.

The Ron Silverio/Heather Block End of Life Options Law (House Bill 140) has been in limbo for nearly three months since winning final legislative approval on June 25.

Sponsored by State Rep. Paul Baumbach (D-Newark), the measure would have created a multi-step process allowing Delawareans with a life expectancy of less than six months to obtain and self-administer a lethal dosage of a prescribed drug. 

Under the bill, a designated medical professional would have had to confirm that the patient seeking to end his or her life could make an informed, rational, and voluntary decision. 

“Over the past several years, I have listened to legislators, advocates, and constituents who have reached out to me and my team to share their views,” Governor Carney wrote in his veto message. “I also followed the action of the Delaware General Assembly, where this legislation passed by just one vote in the House and the Senate. I appreciate the thoughtful consideration of the legislation, and I recognize that the bill's sponsors made compromises in an attempt to limit abuse and protect vulnerable patients. I still don't believe a firm consensus has been reached on what is a very difficult issue—in Delaware or nationally…And although I understand not everyone shares my views, I am fundamentally and morally opposed to state law enabling someone, even under tragic and painful circumstances, to take their own life.”

The polarizing bill garnered vocal advocates and detractors. 

The Delaware Coalition of Nurse Practitioners supported the measure. “We believe the bill allows dying people to have peace of mind and comfort in a location of their choice during a difficult time,” said a statement issued by the group. “Many nurse practitioners believe this treatment respects patients by allowing them to assert their values and priorities as death approaches.” 

However, the American Medical Association opposes physicians facilitating suicide, stating in its published opinions: “Physician-assisted suicide is fundamentally incompatible with the physician’s role as healer, would be difficult or impossible to control, and would pose serious societal risks. Instead of engaging in assisted suicide, physicians must aggressively respond to the needs of patients at the end of life.” 

State Rep. Rich Collins (R-Millsboro) expressed his opposition to the proposal when it was debated in the House in April, saying the option could lead to seniors being coerced into prematurely ending their lives. “I was an insurance agent for 37 years, and I sold life insurance and investments,” he told his colleagues in the chamber. “I had situations during my career where…the children of an older person made it clear they wanted their parents to go because of the money. I have a lot of concerns about some people’s motives.”

Rep. Baumbach announced his retirement in June. With his departure, the upcoming elections, and the demonstrated soft support for the bill in both chambers, the proposal's future is, at best, muddled.

Currently, ten states allow medically assisted suicide through statute or court decision: Oregon, Washington, Vermont, California, Colorado, Hawaii, New Jersey, Maine, Montana, and New Mexico. 

New Law Seeks to Raise Awareness, Increase Safety of Roadside Workers

Signed into law yesterday, a new statute authored by State Rep. Jeff Hilovsky (R-Long Neck)--in photo, right--aims to better protect first responders, utility crews, and others who often work along Delaware roadways.

Under House Bill 329 (as amended), motorists who do not yield the right-of-way to police, fire, and ambulance vehicles responding to an emergency or who fail to move over or slow down when approaching first responders, utility crews, highway workers, and tow truck operators working roadside will face increased penalties for their life-threatening carelessness.

The bill makes two notable changes to Delaware's existing "Move Over" law.

The first modification deals with the penalties. The maximum fine for an initial offense jumps from $150 to $250. A second violation would net a fine of up to $500--an increase of up to $200. Subsequent offenders will face a fine of as much as $1,000.

Second, in cases where drivers cannot safely yield to a stopped emergency vehicle or other vehicle specified in the measure, and the speed limit is 50 mph or greater, the law now requires motorists to travel through the area at least 20 mph under the limit.

“I was gratified that this was my first bill to be enacted into law because I think it'll make a difference," Rep. Hilovsky said. "In recent years, numerous roadside accidents have been caused by inattentive drivers that have resulted in injuries and deaths. The message this new law sends is clear. When you see men and women working along the road, slow down and move over. The higher fines should increase awareness of this common sense law."

According to AAA, whose workers help millions of stranded motorists nationwide each year, a higher level of recognition is needed. Despite being enacted in all 50 states, 71% of Americans are unaware of Move Over laws that require drivers to reduce their speed and switch lanes to protect roadside workers.

Reportedly, about 23 workers and first responders are killed in preventable roadside accidents annually in the U.S., and hundreds more are injured.

Gov. John Carney signed the Move Over Law enhancement on Thursday during a brief ceremony in Dewey Beach at the 29th Annual Delaware Volunteer Firefighters' Association Conference.

OPINION:

Delaware Potentially Threatened by the Tyranny of the Supermajority

By State Rep. Bryan Shupe

In 1831, Frenchman Alexis de Tocqueville toured the United States for nine months. On his return home, he wrote a two-volume literacy classic—Democracy in America—one of the most influential and cited works on equality, democracy, and America. 

One of his key insights is that while democracy was praiseworthy in many respects, one inherent weakness was that a controlling majority could exclusively pursue its own objectives, silencing all other citizens—a concept referred to as “tyranny of the majority.”

Many years earlier, in 1788, Founding Father James Madison expressed much the same concern. Writing in Federalist (Paper) 51, he stated: “It is of great importance in a republic not only to guard the society against the oppression of its rulers, but to guard one part of the society against the injustice of the other part…If a majority be united by a common interest, the rights of the minority will be insecure.”

Delawareans have witnessed these concerns unfolding in their state government, and the situation is now urgent.

We face the looming threat of the establishment of a “supermajority” in the legislature, giving the majority party the votes needed to not only pass any law but also alter the Delaware Constitution without any minority participation. The majority party already holds a disproportionate number of Senate seats (15 to 6) and is only two shy of duplicating this dysfunction in the House of Representatives.

Delaware’s legislative and executive branches have been under the control of a single party for the last 16 years, and it has not served our citizens well. A single culture of political thought and expression has led to an increasingly intolerant environment where differing perspectives are unwelcome, and the core principles of successful democracy—consensus, compromise, and inclusion—are absent. 

We should consider taking a path that leads to a brighter, more equitable future for all our citizens. 

(Artwork of Alexis de Tocqueville by Théodore Chassériau)

New Law Gives Consumers More Low-Speed Vehicle Options

A new law state law will give consumers looking for a low-speed vehicle a broader selection.

Sponsored by State Rep. Tim Dukes (R-Laurel)--in photo, left-- and State Sen. Brian Pettyjohn (R-Georgetown), House Bill 416 raises the legal maximum gross vehicle weight rating of a low-speed vehicle to 3,000 pounds--an increase of 500 lbs.

Rep. Dukes said he sponsored the legislation after being contacted by the owners of Indian River Golf Cars, who said raising the limit would help them and other similar merchants to expand their offerings.

Low-speed vehicles in Delaware must be able to travel between 20 and 25 miles per hour. They can legally operate on single-lane state roads with posted speed limits of 35 mph or less. Municipalities can also choose to allow LSVs to operate on their roads under the same restrictions. If driven on public roads, LSV owners must carry insurance on the vehicle and operators need to possess a driver's license.

LSVs are a popular choice for local transportation, especially in some of the state's newer, planned communities.

State Reps. Danny Short (R-Seaford)--in photo, right-- and Kevin Hensley (R-Townsend, Odessa, Port Penn) were among the measure's co-sponsors.

Thursday morning's bill signing was conducted at Indian River Golf Cars in Long Neck.