Emergency Health Powers Act, Delaware Style

Sussex County Online User Forums: Sussex County Delaware Discussion Forum: Emergency Health Powers Act, Delaware Style
By M.Opaliski on Friday, January 18, 2002 - 01:09 pm:

House Bill #377 was introduced on Wednesday in the General Assembly by Rep. Maier and Sen. Blevins. It has a long list of co-sponsers, none of which I would bet have taken the time to read the Bill. This piece of legislation was adopted from the Model State Emergency Health Powers Act, it is far reaching and it must be stopped.

See the EHPA here it is long but read it anyway. See Delaware's version of the Act here, search for HB #377, it too is long.

EHPA would give each governor sole discretion to grant himself/herself far-reaching powers. The state legislature relinquishes its power to stop overreaching by the governor until at least 60 days after his actions. The bill wouldn't allow the governor to be reversed just because his actions are unwarranted, oppressive, or overreacting to the threat. EHPA also suggests requiring a vote of the legislature declaring that the risk has disappeared before the governor could be restrained, something many legislators would be reluctant to declare.

Government authorities would have full access, without meaningful limitation, to everyone's medical records. If the alleged emergency turned out to be grossly exaggerated or even a hoax, government need not return the private records. EHPA would grant these powers to governors without any showing of a real emergency, and merely an isolated case of a serious disease, or even a misdiagnosis, could trigger the governor's seizure of power. Without any checks or balances, the governor would become both doctor and policeman.

Some of the extraordinary powers granted to the Governor under this Bill include the ability to seize private property, including food, fuel, and clothing. Impose price controls and rationing on numerous items. Order people out of their homes into dangerous quarantines where there would be no guarantee of safety from violence or contagious disease. Take children from their parents and throw them into public quarantines managed by government officials, and demand that physicians administer certain drugs despite individuals' objections and with no provision for religious exemptions.

Those legislators who junmped on the bandwagon and put their name with the Bill are Reps. Spence, Buckworth, Carey, Ewing, Fallon, Hudson, Ulbrich, Valihura and Keeley along with Sens. Adams, McDowell, Henry, Marshall, McBride, Sokola, Vaughn, Amick, Sorenson, Bonini, Cloutier, Connor, Simpson, Still and Winslow.

Take the time to read this Bill and contact your legislators to let them know that this is unaccceptable. Under the guise of security during a health emergency this Bill does in fact strip you of your rights.

A meeting is scheduled for this Bill in the House Majority Caucus room at legislative Hall in Dover on Wednesday the 23rd of January at 3pm. I am trying to put together as many people as possible that can attend this meeting to let our legislators know that this Bill cannot pass as it is written. Please try to make it a point to attend this committee meeting and call you representatives to let them know it is not welcome. Contact me if you would like further information at (302) 349-9356. If possible, try to muster some support so that others can attend as well ... spread the word, and fast.

This is a detailed list of contact information for those who signed on to the Bill ...

Senators that placed their name on this Bill -

Patricia M. Blevins - 209 Linden Ave.
Wilmington, De 19805 - (D) District 7
Home/Office - 994-4843/744-4133

Harris B. McDowell, III - 2311 Baynard Blvd.
Wilmington, De 19802 - (D) District 1
Home/Office - 656-2921/744-4147

Thurman Adams, Jr. - P.O. Box 367
Bridgeville, De 19933 - (D) District 19
Home/Office - 337-7274/744-4117

Margaret Rose Henry - 110 W. 21st. St. Elliott Run
Wilmington, De 19802 - (D) District 2
Home/Office - 425-4148/744-4191

Robert I. Marshall - 601 S. DuPont St.
Wilmington, De 19805 - (D) District 3
Home/Office - 656-7261/744-4168

Dallas Winslow - 4629 Talley Hill Ln.
Wilmington, De 19803 - (R) District 4
Home/Office - 764-9728/744-4135

Catherine A. Cloutier - 2404 Heather Rd. East
Wilmington, De 19803 - (R) District 5
Home/Office - 478-9616/744-4137

Liane M. Sorenson - 417 Snuff Mill Hill
Hockessin, De 19707 - (R) District 6
Home/Office - 234-3303/744-4136

David P. Sokola - 24 Beech Hill Dr.
Newark, De 19711 - (D) District 8
Home/Office - 239-2193/744 4139

Steven H. Amick - 449 W. Chestnut Hill Rd.
Newark, De 19713 - (R) District 10
Home/Office - 738-0215/744-4138

Dorinda A. Connor - 18 Crippen Dr.
New Castle, De 19720 - (R) District 12
Home/Office - 328-8944/744-4164

David B. McBride - 7 Nicole Ct.
New Castle, De 19720 - (D) District 13
Home/Office - 322-6100/744-4167

James T. Vaughn - 201 Washington Ave.
Clayton, De 19938 - (D) District 14
Home/Office - 653-4703/744-4117

Colin R. J. Bonini - 255 South Shore Dr.
Dover, De 19901 - (R) District 16
Home/Office - 698-0960/744-4169

John C. Still, III - P.O. Box 311
Dover, De 19903 - (R) District 17
Home/Office - 736-6028/744-4162

F. Gary Simpson - 6 W Clarke Ave.
Milford, De 19963 - (R) District 18
Home/Office - 422-3460/744-4134

Representatives that placed their name on this Bill -

Helene M. Keeley - 2119 Gilles St.
Wilmington, De 19805 - (D) District 5
Home/Office - 655-7071/744-4284

Robert J. Valihura, Jr. - 718 Kilburn Rd.
Wilmington, De 19803 - (R) District 10
Home/Office - 477-0437/744-4262

Pamela S. Maier - 12 Chadd Rd.
Newark, De 19711 - (R) District 21
Home/Office - 737-7223/744-4108

Stephanie A. Ulbrich - 1018 Summit View Dr.
Newark, De 19713 - (R) District 25
Home/Office - 368-5122/744-4296

Terry R. Spence - 26 Freeport Rd.
New Castle, De 19720 - (R) District 18
Home/Office - 328-8961/744-4127

Gerald A. Buckworth
(R) District 34
Office - 744-4103

V. George Carey - R.D. #1, Box 161
Milford, De 19963 - (R) District 36
Home/Office - 684-8358/744-4119

J. Benjamin Ewing, Jr. - 6935 Federalsburg Rd.
Bridgeville, De 19933 - (R) District 35
Home/Office - 337-7395/744-4150

Evelyn (Tina) K. Fallon - Route 4, Box 219
Seaford, De 19973 - (R) District 39
Home/Office - 629-8187/744-4172

Deborah C. Hudson - 1022 Oriente Ave.
Wilmington, De 19807 - (R) District 12
Home/Office - 651-9571/744-4249

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