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Date:
7/1/2013
Session:
SS1
Legislative Day:
1
The Majority Leader moved to adjourn the First Session of the 147th General Assembly at 12:00 a.m.
Mr. Speaker Schwartzkopf called the House to order at 12:01 a.m.
The Reading Clerk read the following communication into the record:
TO: The Members of the 147
th
General Assembly
FROM: Matthew Denn, Lieutenant Governor of the State of Delaware
Peter C. Schwartzkopf, Speaker of the House of Representatives
SUBJECT: Special Session
DATE: July 01, 2013
Pursuant to the provisions of Article II, Section 4 of the Constitution of the State of Delaware of 1897, as amended, we hereby declare the 147th General Assembly of the State of Delaware in Special Session.
Matthew Denn, Lieutenant Governor
and President of the Senate
Peter C. Schwartzkopf
Speaker of the House of Representatives
1st LEGISLATIVE DAY - 147th GENERAL ASSEMBLY - First Special Session
July 1, 2013
The Chief Clerk called the roll.
Members Present: 41.
A prayer was offered by Representative Timothy D. Dukes, Fortieth Representative
District.
Mr. Speaker Schwartzkopf led those present in the pledge of allegiance to the American
Flag.
Mr. Speaker Schwartzkopf announced that the minutes of the previous legislative day are available in the Office of the Chief Clerk.
Representative D. Short made comments. The House observed a moment of silence in
memory of the Prescott, Arizona Hotshots firefighter team of nineteen who lost their lives fighting a wildfire at the request of Representative D. Short.
Representative Longhurst deferred to Representative Carson.
Representative Carson brought
SB 86
, jointly sponsored by Senator Ennis & Senators Bushweller, Hall-Long & Henry & Representative. Mitchell, Paradee, Spiegelman, Wilson & Briggs King, before the House for consideration.
SB 86
- AN ACT TO AUTHORIZE AND APPROVE THE TRANSFER BY THE
STATE OF DELAWARE TO THE TOWN OF SMYRNA OF CERTAIN REAL PROPERTY INCLUDING APPROXIMATELY 1.57 ACRES LOCATED AT 5501 DUPONT PARKWAY (SOUTHBOUND US13) IN NEW CASTLE COUNTY (3/4 bill) (F/N)
Representative Carson made comments.
The roll call on
SB 86
was taken and revealed:
YES: 41.
Therefore, having received a constitutional majority of at least three-fourths Members of
the House,
SB 86
was returned to the Senate.
Representative Longhurst deferred to Representative Briggs King.
Representative Briggs King brought
SB 84
, jointly sponsored by Senator Henry & Senator Ennis & Representatives Heffernan, J. Johnson, Keeley & Potter, before the House for consideration.
SB 84
- AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING
TO THE NEIGHBORHOOD ASSISTANCE TAX CREDIT.
Representative Briggs King made comments.
The roll call on
SB 84
was taken and revealed:
YES: 40.
ABSENT: Representative Kowalko - 1.
Therefore, having received a constitutional majority,
SB 84
was returned to the Senate.
Representative Longhurst deferred to Representative Barbieri.
Representative Barbieri moved to suspend the rules which interfere with action on
SB 144 w/SA 1
. The motion was seconded by Representative Jaques and adopted by voice vote.
Representative Barbieri brought
SB 144 w/SA 1
, jointly sponsored by Senator Marshall, before the House for consideration.
SB 144
- AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING
TO THE DELAWARE FALSE CLAIMS AND REPORTING ACT.
Representative Barbieri made comments.
The roll call on
SB 144 w/SA 1
was taken and revealed:
YES: 39.
ABSENT: Representatives Viola & Walker - 2.
Therefore, having received a constitutional majority,
SB 144 w/SA 1
was returned to the
Senate.
Representative Longhurst deferred to Representative Keeley.
Representative Keeley moved to suspend the rules which interfere with action on
SB 149
. The motion was seconded by Representative Osienski.
The roll call on the motion was taken and revealed:
YES: Representatives Atkins, Barbieri, Baumbach, Bennett, Bolden, Brady, Carson,
Heffernan, Jaques, J. Johnson, Q. Johnson, Keeley, Kowalko, Longhurst, Miro, Mitchell, Mulrooney, Osienski, Paradee, Potter, Scott, B. Short, M. Smith, Smyk, Viola, Walker,
D.E. Williams, K. Williams & Schwartzkopf - 29.
NO: 12.
Therefore, having received a constitutional majority, the motion was adopted and the
rules were suspended.
Representative Keeley brought
SB 149
, jointly sponsored by Senator McDowell, before the House for consideration.
SB 149
- AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING
TO THE ESTATE TAX.
Representatives Keeley & D. Short made comments.
The roll call on
SB 149
was taken and revealed:
YES: 27.
NO: Representatives Atkins, Blakey, Briggs King, Gray, Hudson, Kenton, Miro, Outten,
Peterman, D. Short, Spiegelman & Wilson - 12.
NOT VOTING: Representatives Q. Johnson & Ramone - 2.
Therefore, having received a constitutional majority,
SB 149
was returned to the Senate.
Representative Longhurst deferred to Representative Miro.
Representative Miro brought
SB 46
, jointly sponsored by Senator Sokola & Senators Bushweller, Henry, Hocker & Venables & Representatives Q. Johnson, Ramone & D. Short, before the House for consideration.
SB 46
- AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATION
TO THE MEDICAL PRACTICE ACT.
Representative Miro made comments.
The roll call on
SB 46
was taken and revealed:
YES: 40.
NOT VOTING: Representative Peterman - 1.
Therefore, having received a constitutional majority,
SB 46
was returned to the Senate.
Representative Longhurst deferred to Representative Mulrooney.
Representative Mulrooney brought
SB 54
, jointly sponsored by Senator Marshall, before the House for consideration.
SB 54
- AN ACT TO AMEND CHAPTER 33, TITLE 19 OF THE DELAWARE CODE
RELATING TO UNEMPLOYMENT COMPENSATION.
Representative Mulrooney made comments.
The roll call on
SB 54
was taken and revealed:
YES: 40.
ABSENT: Representative D. Short - 1.
Therefore, having received a constitutional majority,
SB 54
was returned to the Senate.
Representative Longhurst deferred to Representative Walker.
Representative Walker brought
SB 70
, sponsored by Senator Blevins & Senator
Cloutier & Representatives Barbieri & Hudson, before the House for consideration.
SB 70
- AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING
TO THE DOMESTIC VIOLENCE COORDINATING COUNCIL.
Representative Walker made comments.
The roll call on
SB 70
was taken and revealed:
YES: 40.
NOT VOTING: Representative Mitchell - 1.
Therefore, having received a constitutional majority,
SB 70
was returned to the Senate.
Representative Longhurst deferred to Representative Heffernan.
Representative Heffernan brought
SB 78 w/SA 1
, jointly sponsored by Senator McBride, & Representative Q. Johnson & Senators McDowell & Poore & Representative J. Johnson, before the House for consideration.
SB 78
- AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO
NON-TIDAL WETLANDS.
Representatives Heffernan, Wilson & Peterman made comments. Representative Peterman requested and was granted privilege of the floor for Collin O'Mara, Secretary, Department of Natural Resources and Environmental Control. Representative Peterman made comments.
The roll call on
SB 78 w/SA 1
was taken and revealed:
YES: 40.
NO: Representative Peterman - 1.
Therefore, having received a constitutional majority,
SB 78 w/SA 1
was returned to the
Senate.
The Reading Clerk read the following communications into the record:
The Senate wishes to inform the House that it has passed
SS 1 for SB 36 w/SA 1
and requests the concurrence of the House and the Senate has passed
SCR 34
and requests the concurrence of the House.
Representative Longhurst deferred to Representative Brady.
Representative Brady moved to suspend the rules which interfere with action on
SB 140
w/SA 2
. The motion was seconded by Representative J. Johnson and adopted by voice vote.
Representative Brady brought
SB 140 w/SA 2
, jointly sponsored by Senator Venables & Senator Marshall & Representative Hudson & Senators Blevins, Hocker, Pettyjohn & Simpson & Representatives Briggs King, Dukes, Kenton, Miro, Mitchell, D. Short & Wilson, before the House for consideration.
SB 140
- AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING
TO INVASIVE MEDICAL PROCEDURE FACILITIES.
Representative Brady made comments.
The roll call on
SB 140 w/SA 2
was taken and revealed:
YES: 41.
Therefore, having received a constitutional majority,
SB 140 w/SA 2
was returned to the
Senate.
Representative Longhurst deferred to Representative Jaques.
Representative Jaques brought
SB 147 w/SA 1 & SA 2
, jointly sponsored by Senator Townsend & Representative Baumbach & Representative Scott & Representative K. Williams & Representatives Kowalko, Bennett, Osienski, Bolden, Potter & B. Short, before the House for consideration.
SB 147
- AN ACT TO AMEND TITLE 14, CHAPTER 5 OF THE DELAWARE CODE
RELATING TO REPORTING AND OVERSIGHT, INNOVATION, AND COLLABORATION OF CHARTER SCHOOLS.
Representatives Jaques, Dukes & B. Short made comments.
The roll call on
SB 147 w/SA 1 & SA 2
was taken and revealed:
YES: 30.
NO: Representatives Dukes, Peterman & Wilson - 3.
NOT VOTING: Representatives Bolden, Briggs King, Gray, Hudson, Miro, Ramone,
D. Short & Spiegelman - 8.
Therefore, having received a constitutional majority,
SB 147 w/SA 1 & SA 2
was
returned to the Senate.
Representative Longhurst announced that
HR 21
will be removed from
Consent Calendar #5
.
Representative Longhurst brought
Consent Calendar #5
before the House.
HR 22
- SCHWARTZKOPF & REPRESENTATIVE LONGHURST & REPRESENTATIVE SMYK - Creating a Task Force to Study and Make Recommendations Regarding Pedestrian Safety Along the Route One Corridor Between the Nassau Bridge and the Southern Town Limits of Dewey Beach in Sussex County.
SCR 9
- ENNIS & REPRESENTATIVE RAMONE & SENATORS HALL-LONG,
HENRY, PETERSON & SOKOLA & REPRESENTATIVES BAUMBACH, J. JOHNSON, KOWALKO, MITCHELL, BRIGGS KING, HUDSON, OUTTEN, PETERMAN, D. SHORT, SMYK & WILSON - A Resolution to Create a Blue Ribbon Task Force to Review Open Family Court Proceedings.
SCR 32
- MCDOWELL & REPRESENTATIVE BRADY & REPRESENTATIVE KEELEY & SENATORS MARSHALL, HENRY, PETERSON & CLOUTIER & REPRESENTATIVES BOLDEN, MITCHELL & POTTER - Celebrating the Exemplary Life and Ministry of Father Roberto Balducelli of St. Anthony Of Padua Parish as He Approaches the 100th Anniversary of His Birth on August 11, 1913.
SCR 33
- HALL-LONG & SENATOR TOWNSEND & SENATORS HENRY, HOCKER, LOPEZ & SOKOLA & REPRESENTATIVES BAUMBACH, BOLDEN, BRIGGS KING, KENTON, MIRO, B. SHORT & WILSON - Recognizing August 31, 2013 as Overdose Awareness Day
Consent Calendar #5
was adopted by voice vote and
HR 22
was declared passed and
SCR 9
,
SCR 32
&
SCR 33
were returned to the Senate.
Representative Longhurst deferred to Representative Jaques.
Representative Jaques brought
SB 148
, jointly sponsored by Senator Townsend & Representative Baumbach & Representative Scott & Representative K. Williams & Representatives Kowalko, Bennett, Osienski, Bolden, Potter & B. Short, before the House for consideration.
SB 148
- AN ACT TO AMEND TITLE 14, CHAPTER 15 OF THE DELAWARE
CODE RELATING TO TRANSPARENCY OF COMPETITIVE GRANTS ADMINISTERED BY THE DEPARTMENT OF EDUCATION.
Representative Jaques and Smyk made comments.
Representative Smyk requested and was granted privilege of the floor for Rebecca Taber, Education Policy Advisor, Office of the Governor.
The roll call on
SB 148
was taken and revealed:
YES: 39.
NO: Representatives Dukes & Peterman - 2.
Therefore, having received a constitutional majority,
SB 148
was returned to the Senate.
Representative Longhurst deferred to Representative Hudson.
Representative Hudson brought
SS 1 for SB 38 w/SA 1
, jointly sponsored by Senator
Peterson & Senator Sokola, before the House for consideration.
SS 1 for SB 38
- AN ACT TO AMEND TITLE 24 CHAPTER 40 OF THE
DELAWARE CODE RELATING TO THE COUNCIL ON REAL ESTATE APPRAISERS.
Representative Hudson made comments.
The roll call on
SS 1 for SB 38 w/SA 1
was taken and revealed:
YES: 41.
Therefore, having received a constitutional majority,
SS 1 for SB 38 w/SA 1
was
returned to the Senate.
Representative Longhurst deferred to Representative Bennett.
Representative Bennett brought
SB 92
, jointly sponsored by Senator Venables & Senator McBride & Representatives Kenton & Wilson, before the House for consideration.
SB 92
- AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO
THE CLEAN CREDIT AND IDENTITY THEFT PROTECTION ACT
Representative Bennett made comments.
The roll call on
SB 92
was taken and revealed:
YES: 41.
Therefore, having received a constitutional majority,
SB 92
was returned to the Senate.
Representative Longhurst deferred to Representative Keeley.
Representative Keeley brought
SB 96
, jointly sponsored by Senator Hall-Long &
Senators Blevins & Henry & Representatives Walker & Bolden, before the House for consideration.
SB 96
- AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING
TO THE LICENSE TO PRACTICE DENTISTRY. (3/5 bill)
Representative Keeley made comments.
The roll call on
SB 96
was taken and revealed:
YES: 41.
Therefore, having received a constitutional majority of at least three-fifths Members of
the House,
SB 96
was returned to the Senate.
Representative Longhurst deferred to Representative Brady.
Representative Brady brought
SB 89
, jointly sponsored by Senator McDowell & Senator
Venables & Representative Heffernan, before the House for consideration.
SB 89
- AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING
TO MOTOR VEHICLE REGISTRATION.
Representative Brady made comments.
The roll call on
SB 89
was taken and revealed:
YES: 41.
Therefore, having received a constitutional majority,
SB 89
was returned to the Senate.
Representative Longhurst deferred to Representative Barbieri.
Representative Barbieri moved to suspend the rules which interfere with action on
SB 139 w/SA 3
. The motion was seconded by Representative J. Johnson and adopted by voice vote.
Representative Barbieri brought
SB 139 w/SA 3
, jointly sponsored by Senator Hall-Long
& Senators Henry & Sokola & Representatives Jaques, Keeley, Mitchell & M. Smith, before the House for consideration.
SB 139
- AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING
TO THE POWERS AND DUTIES OF THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES. (3/5 bill)
Representative Barbieri made comments.
The roll call on
SB 139 w/SA 3
was taken and revealed:
YES: 41.
Therefore, having received a constitutional majority of at least three-fifths Members of
the House,
SB 139 w/SA 3
was returned to the Senate.
Representative Longhurst deferred to Representative Walker.
Representative Walker moved to suspend the rules which interfere with action on
SB 109
. The motion was seconded by Representative J. Johnson and adopted by voice vote.
Representative Walker brought
SB 109
, jointly sponsored by Senator Henry & Senators Ennis & Venables & Representatives Bolden, Heffernan, Jaques, Outten & Viola, before the House for consideration.
SB 109
- AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING
TO CHILD SUPPORT ORDERS.
Representative Walker made comments.
The roll call on
SB 109
was taken and revealed:
YES: 39.
ABSENT: Representatives Heffernan & Mitchell - 2.
Therefore, having received a constitutional majority,
SB 109
was returned to the Senate.
Representative Longhurst deferred to Representative Carson.
Representative Carson brought
HB 133
, jointly sponsored by Senator Peterson &
Representatives Bennett, Keeley, Mitchell, Paradee & Wilson & Senator Ennis, before the House for consideration.
HB 133
- AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING
TO RULES OF THE ROAD.
Representative Carson made comments.
The roll call on
HB 133
was taken and revealed:
YES: 39.
ABSENT: Representatives Kowalko & Mitchell - 2.
Therefore, having received a constitutional majority,
HB 133
was sent to the Senate for
concurrence.
The Reading Clerk read the following communications into the record:
The Senate wishes to inform the House that it has passed
HB 194 w/HA 1
,
HB 43
,
HB 180 w/HA 1 & HA 2 aab HA 1
,
HB 190 w/HA1
,
HJR 6
,
HB 145 w/HA 1
&
HB 128
and is returning the same to the House.
Representative Longhurst introduced and brought
SCR 34
, sponsored by Senator McDowell & Senator McBride & Representative Kowalko, before the House for consideration.
SCR 34
- ESTABLISHING A GREEN AND BETTER BUILDING ADVISORY
COMMITTEE.
Representative Kowalko made comments.
Representative D. Short introduced and brought
HA 1 to SCR 34
, jointly sponsored by Representative Walker & Representatives Hudson, Blakey, Briggs King, Dukes, Gray, Kenton, Miro, Outten, Peterman, Ramone, Smyk, Spiegelman & Wilson, before the House for consideration.
Representative D. Short made comments. Representative D. Short deferred to Representative Walker. Representative Walker made comments. Representative D. Short made comments and requested that
HA 1 to SCR 34
be stricken.
SCR 34
was adopted by voice vote.
Representative Longhurst brought
Consent Agenda C
before the House for consideration.
SB 11
- HENRY & REPRESENTATIVE J. JOHNSON & REPRESENTATIVE KEELEY & SENATORS ENNIS & HALL-LONG & REPRESENTATIVES BOLDEN, OUTTEN, M. SMITH, BAUMBACH, HEFFERNAN, KOWALKO, POTTER & WALKER - An Act to Amend Title 29 of the Delaware Code Relating to Cemetery Registration and the Distress Relief Fund.
SS 1 for SB 22 w/SA 1
- ENNIS & REPRESENTATIVE PARADEE & REPRESENTATIVES BRIGGS KING, Q. JOHNSON, KEELEY, MIRO, OUTTEN, RAMONE, D. SHORT, WILSON, CARSON, SMYK - An Act to Amend Title 21 and Title 30 of the Delaware Code Relating to Recreational Vehicles.
SB 26
- TOWNSEND & SENATORS BLEVINS, BONINI, HALL-LONG, LAVELLE, MCDOWELL & SOKOLA & REPRESENTATIVES BENNETT, KEELEY, PETERMAN,
B. SHORT, M. SMITH, WALKER, PARADEE & WILSON - An Act to Amend Title 12 of the Delaware Code Relating to Apportionment of Estate Tax Liability.
SB 87
- HALL-LONG & REPRESENTATIVE BARBIERI & SENATOR ENNIS &
REPRESENTATIVES CARSON & JAQUES - An Act to Amend Title 24 of the Delaware Code Relating to the Board of Geologists and Relating to the Board of Examiners of Psychologists
SB 88
- HALL-LONG & REPRESENTATIVE BARBIERI & SENATORS BUSHWELLER, ENNIS & HOCKER & REPRESENTATIVES BOLDEN, HEFFERNAN, KEELEY, KOWALKO, MITCHELL & PARADEE - An Act to Amend Title 24 of the Delaware Code Relating to the Medical Practice Act
SB 121
- HALL-LONG & REPRESENTATIVE BARBIERI & SENATORS BUSHWELLER, CLOUTIER, ENNIS, HENRY, HOCKER & LOPEZ & REPRESENTATIVES BOLDEN, BRIGGS KING, CARSON, HUDSON, JAQUES, KEELEY, MULROONEY & WILSON - An Act to Amend Title 16 of the Delaware Code Relating to the Operation of Unlicensed Healthcare Agencies and Facilities.
SB 122 w/SA 1
- TOWNSEND & REPRESENTATIVE B. SHORT & SENATORS HALL-LONG & SOKOLA & REPRESENTATIVES M. SMITH & WALKER - An Act to Amend Title 12, Chapter 49a of the Delaware Code Relating to Durable Personal Powers of Attorney
SB 138
- TOWNSEND & REPRESENTATIVE B. SHORT & REPRESENTATIVE
M. SMITH & REPRESENTATIVE WALKER - An Act to Amend Titles 12, 18, and 25 of the Delaware Code Relating to Fiduciary Relations, Insurance, and Property.
The roll call on
Consent Agenda C
was taken and revealed:
YES: 40.
ABSENT: Representative Mitchell - 1.
Therefore, having received a constitutional majority,
SB 11
,
SS 1 for SB 22
,
SB 26
,
SB 87
,
SB 88
,
SB 121
,
SB 122
&
SB 138
were returned to the Senate.
The Majority Leader moved to recess to the call of the Chair at 1:33 a.m.
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