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Date: 5/15/2014
Session: S2
Legislative Day: 28
Mr. Speaker Schwartzkopf called the House to order at 2:06 p.m. on May 15, 2014.
Representatives Atkins & Mitchell requested that they be marked present for the current Legislative Day. Representative Scott verified that he was marked present for the current Legislative Day.
The Reading Clerk read the following communication into the record:
The Senate wishes to inform the House that it has passed SCR 46 & SCR 54 and requests the concurrence of the House. The Senate has passed SB 204 & SCR 52 and requests the concurrence of the House and the Senate has passed HB 235, HB 222 w/HA 1, HB 274 & HB 275 and is returning the same to the House.
The Chief Clerk read the following committee reports into the record:
JUDICIARY: SB 179 w/SA 1 - 6F; SB 197 w/SA 2 - 5F,2M; HB 328 - 3F,3M;
HB 327 - 5F,1M; HB 329 - 6F; HB 326 - 6F.
HOUSE ADMINISTRATION: HB 333 - 5M; HB 320 - 5M; HB 321 - 5M;
HB 322 - 5M; HB 323 - 5M.
CORRECTIONS: HB 264 - 5F.
APPROPRIATIONS: HB 308 - 2F,2M; HB 263 - 5M; HB 317 - 2F,2M.
HOUSING & COMMUNITY AFFAIRS: SB 191 - 7F,1M.
ECONOMIC DEVELOPMENT/BANKING/INSURANCE & COMMERCE:
HB 295 - 5F,5M,1U; SB 192 - 2F,8M.
EDUCATION: SB 209 w/SA 1 - 9M,1U; HB 337 - 9M.
The Majority Whip moved to adjourn at 2:09 p.m., thereby ending the current legislative day. The House reconvened at 2:10 p.m.

28th LEGISLATIVE DAY - 147th GENERAL ASSEMBLY - Second Session
May 15, 2014
The Chief Clerk called the roll. A prayer was offered by Representative Gerald L. Brady, Fourth Representative District.
Mr. Speaker Schwartzkopf led those present in the pledge of allegiance to the American flag.
The minutes for the previous legislative day were approved as posted.
The following prefiled legislation was introduced:
HB 343 - POTTER & SENATOR HENRY; REPRESENTATIVES BAUMBACH, BOLDEN, J. JOHNSON, KEELEY, KOWALKO, B. SHORT; SENATOR MARSHALL - HEALTH & HUMAN DEVELOPMENT - An Act to Amend Titles 10 and 16 of the Delaware Code Relating to Nonviolent Drug Offenders.
HB 344 - BARBIERI & REPRESENTATIVE HEFFERNAN & SENATOR HALL-LONG; REPRESENTATIVE JAQUES; SENATOR SOKOLA - HEALTH & HUMAN DEVELOPMENT - An Act to Amend Titles 11 and 16 of the Delaware Code Relating to Crimes, Mental Health, and Criminal and Civil Procedure.
HB 345 - SCOTT & SENATOR TOWNSEND; REPRESENTATIVES BARBIERI, BAUMBACH, BENNETT, DUKES, HEFFERNAN, HUDSON, J. JOHNSON, Q. JOHNSON, LONGHURST, MITCHELL, PARADEE, RAMONE, B. SHORT, D. SHORT, M. SMITH, WALKER, K. WILLIAMS; SENATOR BUSHWELLER - TELECOMMUNICATIONS, INTERNET & TECHNOLOGY - An Act to Amend Title 12 of the Delaware Code Relating to Fiduciary Access to Digital Assets and Digital Accounts.
HB 346 - BARBIERI & REPRESENTATIVE HEFFERNAN & SENATOR HALL-LONG - HEALTH & HUMAN DEVELOPMENT - An Act to Amend Title 16 of the Delaware Code Relating to the Commitment of the Mentally Ill.
HB 347 - JAQUES & REPRESENTATIVE MIRO & SENATOR POORE - EDUCATION - An Act to Amend Titles 14 and 29 of the Delaware Code Relating to School Safety.
HB 348 - ATKINS & SENATOR MCBRIDE; REPRESENTATIVES HEFFERNAN, HUDSON, OSIENSKI, PARADEE, SCHWARTZKOPF, B. SHORT, D. SHORT; SENATORS HOCKER, PETTYJOHN, SIMPSON, VENABLES - NATURAL RESOURCES - An Act to Amend Title 7 of the Delaware Code Relating to Surf Fishing. (3/5 bill)
HA 1 to HB 161 - B. SHORT - Placed with the Bill.
HA 2 to HB 254 - WALKER - Placed with the Bill.
HA 2 to HB 256 - HEFFERNAN - Placed with the Bill.
HA 2 to HB 295 - BOLDEN - Placed with the Bill.
HA 1 to HB 308 - M. SMITH - Placed with the Bill.
HA 2 to HB 308 - M. SMITH - Placed with the Bill.
HA 3 to HB 308 - M. SMITH - Placed with the Bill.
HA 1 to HB 312 - BOLDEN - Placed with the Bill.
The House observed a moment of silence in memory of the victims of the mining accident in Turkey at the request of Representative Osienski. Representative Heffernan requested that she be marked present. Representative Spiegelman introduced a guest.
Representative Viola introduced and brought HCR 60, jointly sponsored by Representative Schwartzkopf & Representative Longhurst & Representative D. Short & Representative Hudson on behalf of All Representatives & Senator Blevins & Senator McBride & Senator Henry & Senator Simpson & Senator Lavelle on behalf of All Senators, before the House for consideration.
HCR 60 - EXTENDING SINCERE THANKS TO THE CAREER AND TECHNICAL STUDENT ORGANIZATIONS OF DELAWARE FOR THE PRESENTATION OF THE BEAUTIFUL GERANIUMS AND EXTENDING BEST WISHES FOR MUCH SUCCESS TO EACH OF THESE EXEMPLARY STUDENTS.
WHEREAS, for many years it has been a tradition for the Delaware Career and Technical Student Organizations from throughout the State to present flowers (this year, geraniums grown by Milford High School AgriScience students) to the members of the Delaware General Assembly and other government officials in appreciation of their diligent efforts to improve educational opportunities and encourage students to pursue quality educations in fields of their choices; and
WHEREAS, the Delaware Career and Technical Student Organizations consists of the Business Professionals of America, Lisa Stoner-Torbert, State Advisor; Delaware DECA, Frank Ingram, State Advisor; Delaware Technology Student Association, Michael Fitzgerald, State Advisor; The Future Farmers of America, Dr. Karen Hutchison, State Advisor; Family, Career, and Community Leaders of America, Rita Hovermale, State Advisor; Health Occupations Students of America, Peg Enslen, State Advisor; and Skills USA, Dr. Dale Derrickson, State Advisor; and
WHEREAS, the 2013 statewide enrollment data for the national clubs is as follows:
Agriculture 11,783 (FFA)
Business and Finance 21,864 (BPA)
Family and Consumer Science 10,914 (FCCLA)
Health Occupations 2,485 (HOSA)
Marketing Education 1,765 (DECA)
Technology Education 12,794 (TSA)
Trade/Industry Education 5,244 (Skills USA)
totaling 66,849 students; and
WHEREAS, our advice to each student in these organizations is to take maximum advantage of the many opportunities available to you by studying hard, learning all there is to know within your chosen field, encouraging others by leading an exemplary life, becoming a role model for future membership into your organizations, and living a healthy, productive, and successful life; and
WHEREAS, on the basis of your exemplary articulation and most appreciated attendance here today we can say, unequivocally, that each of you and your thousands of colleagues are certainly on the path to becoming Delaware’s leaders of tomorrow;
NOW, THEREFORE:
BE IT RESOLVED by the House of Representatives of the 147th General Assembly of the State of Delaware, the Senate concurring therein, that our sincere thanks and best wishes are hereby extended to the Delaware Career and Technical Student Organizations under the leadership of Michael Watson, Chief Academic Officer, Teaching and Learning Branch, and Dr. Karen Hutchison, Interim Director, Career, Technical & Education Workgroup.
BE IT FURTHER RESOLVED that upon passage of this Resolution a duly authenticated copy be forwarded to each State Advisor to be shared with the Career and Technical Student Organizations throughout the State.
Representative Viola made comments.
HCR 60 was adopted by voice vote and was sent to the Senate for concurrence.
Mr. Speaker Schwartzkopf granted privilege of the floor for Frank Ingram, representing the Department of Education, who addressed the House. Andrew Cannon, representing the Future Farmers of America; Becky Williams, representing Technology Student Association; Yulianna Briceno, representing Future Health Professionals; Kayla Conley, representing DECA - An Association of Marketing Students; Rachel Wagner, representing Business Professionals of America; Meredith Sobus, representing Family, Career & Community Leaders of America and Timothy Freedman, representing SkillsUSA addressed the House. The students presented geraniums to the Members and staff. Mr. Speaker Schwartzkopf addressed the students. Representatives Viola & Bennett made comments. Representative Scott requested and was granted personal privilege of the floor to introduce guests. Representative Mitchell requested and was granted personal privilege of the floor to introduce a guest.
Representative Viola deferred to Representative Brady. Representative Brady requested and was granted personal privilege of the floor to introduce a guest.
Representative Viola deferred to Representative Barbieri.
Representative Barbieri introduced and brought HCR 57, jointly sponsored by Representative Longhurst & Senator Hall-Long & Representatives Dukes, Gray, Heffernan, Jaques, Ramone, Smyk & K. Williams & Senators Lavelle, Lopez, Poore, Townsend & Venables, before the House for consideration.
HCR 57 - ESTABLISHING THE FAMILY CAREGIVING TASK FORCE TO STUDY AND MAKE FINDINGS AND RECOMMENDATIONS REGARDING THE SUPPORT NECESSARY FOR FAMILY CAREGIVERS ASSISTING THE AGING AND ADULTS WITH DISABILITIES.
Representative Barbieri made comments.
HCR 57 was adopted by voice vote and was sent to the Senate for concurrence.
Representative Barbieri requested and was granted personal privilege of the floor to introduce guests.
Representative Viola deferred to Representative Smyk.
Representative Smyk introduced and brought HR 36, jointly sponsored by Rep. Schwartzkopf & Representative Briggs King on behalf of All Representatives, before the House for consideration. LEWES, DISTINGUISHED PUBLIC SERVANT, PHILANTHROPIST, AND EXEMPLARY CITIZEN, ON THE OCCASION OF HIS RETIREMENT.
Representative Smyk made comments. Mr. Speaker Schwartzkopf addressed the House.
HR 36 was adopted by voice vote.
Representative Viola deferred to Representative Brady. Representative Brady requested and was granted personal privilege of the floor to introduce guests.
The Majority Whip moved to recess for caucus at 2:44 p.m.
The House reconvened at 4:31 p.m.
The Reading Clerk read the following communications into the record:
WITHDRAWAL OF SPONSORSHIP REQUEST
I, Margaret Rose Henry, do hereby request that my name be removed as co-sponsor of HB 286.
Date: 5-14-14 Signed: Margaret Rose Henry
WITHDRAWAL OF SPONSORSHIP REQUEST
I, Representative Joseph Miro, do hereby request that my name be removed as a co-sponsor of HB 309.
Date: 5/15/14 Signed: Joseph Miro
WITHDRAWAL OF SPONSORSHIP REQUEST
I, Representative John Kowalko Jr., do hereby request that my name be removed as a co-sponsor of HB 309.
Date: 5/15/14 Signed: John Kowalko Jr
Representatives Walker & Keeley requested that they be marked present.
Mr. Speaker Schwartzkopf made an announcement. Representative Gray made comments and led the Members in singing “Happy Birthday” to Representative Keeley. Representative Keeley made comments.
Representative Viola brought the following prefiled Consent Calendar #7 before the House for consideration.
SCR 46 - BLEVINS & SENATOR MCBRIDE ON BEHALF OF ALL SENATORS & REPRESENTATIVE SCHWARTZKOPF & REPRESENTATIVE LONGHURST ON BEHALF OF ALL REPRESENTATIVES - Designating the Second Full Week in May as "Women's Lung Health Week".
SCR 49 - HALL-LONG ON BEHALF OF ALL SENATORS & REPRESENTATIVE WALKER ON BEHALF OF ALL REPRESENTATIVES - Honoring the 2014 All Star Award Recipients of the Delaware Health Care Facilities Association during National Nursing Home Week.
SCR 50 - PETTYJOHN & REPRESENTATIVE D. SHORT; SENATORS BONINI, CLOUTIER, HALL-LONG, HOCKER, LAVELLE, SIMPSON; REPRESENTATIVES BRIGGS KING, DUKES, GRAY, SMYK, SPIEGELMAN, WILSON - Designating the Week of May 4, 2014 to May 10, 2014 as National Charter School Week
SCR 54 - SIMPSON & SENATOR LOPEZ ON BEHALF OF ALL SENATORS & REPRESENTATIVE KENTON & REPRESENTATIVE WILSON ON BEHALF OF ALL REPRESENTATIVES - Celebrating the 100th Anniversary of the Signing of the Smith-Lever Act, the Founding Legislation of the Nationwide Cooperative Extension System.
Consent Calendar #7 was adopted by voice vote and SCR 46, SCR 49, SCR 50 &
SCR 54 were returned to the Senate.
Representative Viola deferred to Representative Bolden.
Representative Bolden brought HB 294, jointly sponsored by Senator Henry & Representatives Keeley, Longhurst, Potter, B. Short & D.E. Williams & Senators Bushweller, Marshall, before the House for consideration.
HB 294 - AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO EMPLOYMENT PRACTICES.
Representative Bolden brought HA 1 to HB 294 before the House for consideration.
Representative Bolden brought HA 1 to HA 1 to HB 294 before the House for consideration.
Representative Bolden made comments. HA 1 to HA 1 was adopted by voice vote. Representative Bolden made comments. HA 1 was adopted by voice vote. Representative Bolden made comments.
The roll call on HB 294 w/HA 1 & HA 1 to HA 1 was taken and revealed:
YES: 39.
ABSENT: Representatives Baumbach & Longhurst - 2.
Therefore, having received a constitutional majority, HB 294 w/HA 1 & HA 1 to HA 1 was sent to the Senate for concurrence.
Representative Viola deferred to Representative Walker.
Representative Walker brought HB 254, jointly sponsored by Senator Henry & Representatives Brady, J. Johnson, Mitchell, Smyk & Wilson & Senators McDowell, Simpson & Townsend, before the House for consideration.
HB 254 - AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO COURTS AND JUDICIAL PROCEDURE.
Representative Walker requested that HA 1 to HB 254 be stricken. Representative Walker brought HA 2 to HB 254 before the House for consideration. Representative Walker made comments. HA 2 was adopted by voice vote. Representative Walker made comments.
The roll call on HB 254 w/HA 2 was taken and revealed:
YES: 39.
ABSENT: Representatives Baumbach & Longhurst - 2.
Therefore, having received a constitutional majority, HB 254 w/HA 2 was sent to the Senate for concurrence.
Representative Viola deferred to Representative Keeley.
Representative Keeley moved to suspend the rules which interfere with action on SB 191. The motion was seconded by Representative J. Johnson and adopted by voice vote.
Representative Keeley brought SB 191, jointly sponsored by Senator Henry & Senator Bushweller & Senstor Marshall & Representative Bolden & Representative Scott & Senators Blevins, Ennis, McDowell, Sokola & Townsend & Representatives Bennett, Potter, Ramone, Spiegelman & Paradee & cosponsored by Representatives D. Short, D.E. Williams & Wilson, before the House for consideration.
SB 191 - AN ACT TO AMEND TITLES 22, 29, 30, AND 31 OF THE DELAWARE CODE RELATING TO DOWNTOWN DEVELOPMENT DISTRICTS. (F/N)
Representative Keeley & Blakey made comments. Representative Keeley requested and was granted privilege of the floor for Andrew Lippstone, Chief Legal Counsel, Office of the Governor. Representatives Blakey, Miro, D. Short & Keeley made comments. Representative Keeley requested and was granted privilege of the floor for Ann Marie Townshend, Director of Planning and Community Development, City of Dover. Representatives Briggs King, Kowalko, Blakey, D. Short & Keeley made comments.
The roll call on SB 191 was taken and revealed:
YES: 39.
ABSENT: Representatives Baumbach & Longhurst - 2.
Therefore, having received a constitutional majority, SB 191 was returned to the Senate.
Representative Viola deferred to Representative K. Williams.
Representative K. Williams brought HB 320, jointly sponsored by Senator Townsend & Represenatives Baumbach, Keeley, Kowalko & Osienski & Senators Peterson & Sokola, before the House for consideration.
HB 320 - AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE FREEDOM OF INFORMATION ACT.
Representative K. Williams introduced and brought HA 1 to HB 320 before the House for consideration. Representative K. Williams made comments. HA 1 was adopted by voice vote. Representative K. Williams made comments.
The roll call on HB 320 w/HA 1 was taken and revealed:
YES: 39.
ABSENT: Representatives Baumbach & Longhurst - 2.
Therefore, having received a constitutional majority, HB 320 w/HA 1 was sent to the Senate for concurrence.
Representative Viola deferred to Representative Q. Johnson.
Representative Q. Johnson brought HB 322, jointly sponsored by Senator Poore & Represenatives Baumbach, Heffernan, Paradee, B. Short, D. Short & D.E. Williams & Senators Bushweller, Ennis & Townsend, before the House for consideration.
HB 322 - AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE FREEDOM OF INFORMATION ACT.
Representative Q. Johnson made comments.
The roll call on HB 322 was taken and revealed:
YES: 39.
ABSENT: Representatives Baumbach & Longhurst - 2.
Therefore, having received a constitutional majority, HB 322 was sent to the Senate for concurrence.
Representative Viola deferred to Representative M. Smith.
Representative M. Smith brought HB 308, jointly sponsored by Senator McBride & Representatives Barbieri, Briggs King, Longhurst, Osienksi, Paradee & Scott & Senator Townsend, before the House for consideration.
HB 308 - AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE STATE DEPARTMENT OF JUSTICE AND THE CREATION OF THE OFFICE OF THE COMMON INTEREST COMMUNITY OMBUDSMAN. (F/N)
Representative M. Smith brought HA 1 to HB 308 before the House for consideration.
Representative M. Smith made comments. HA 1 was adopted by voice vote. Representative
M. Smith brought HA 2 to HB 308 before the House for consideration. Representative M. Smith made comments. Representative Ramone announced that he will not be voting on HB 308 and amendments to the bill because of a possible conflict of interest. HA 2 was adopted by voice vote. Representative M. Smith brought HA 3 to HB 308 before the House for consideration. Representative M. Smith made comments. HA 3 was adopted by voice vote. Representative
M. Smith introduced and brought HA 4 to HB 308 before the House for consideration. Representatives M. Smith & Hudson made comments. HA 4 was adopted by voice vote. Representative M. Smith & Briggs King made comments. Representative M. Smith requested and was granted privilege of the floor for Mark Cutrona, Deputy Director, Division of Research. Representatives Briggs King, Gray & M. Smith made comments.
Representatives Hudson & M. Smith made comments.
The roll call on HB 308 w/HA 1, HA 2, HA 3 & HA 4 was taken and revealed:
YES: 35.
NO: Representative Gray - 1.
NOT VOTING: Representative Ramone - 1.
ABSENT: Representatives Baumbach, Blakey, Longhurst & Walker - 4.
Therefore, having received a constitutional majority of at least three-fifths Members of the House, HB 308 w/HA 1, HA 2, HA 3 & HA 4 was sent to the Senate for concurrence.
Representative Viola deferred to Representative Heffernan.
Representative Heffernan brought HB 256 w/HA 1 & SA 1, jointly sponsored by Representative Hudson & Senator McDowell & Senator Townsend & Representatives Baumbach, Bolden, Briggs King, Carson, Dukes, Gray, Jaques, J. Johnson, Keeley, Kenton, Kowalko, Miro, Mitchell, Osienski, Outten, Paradee, Ramone, B. Short, M. Smith, Spiegelman, Walker, D.E. Williams, K. Williams & Wilson & Senators Hocker, Lopez, Poore, Peterson & Sokola, before the House for concurrence on SA 1.
HB 256 - AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE OFFENSES OF SEXUAL SOLICITATION OF A CHILD AND PROMOTING SEXUAL SOLICITATION OF A CHILD. (F/N)
Representative Heffernan brought HA 2 to HB 256 before the House for consideration.
HA 2 was adopted by voice vote. Representative Heffernan made comments.
The roll call on HB 256 w/HA 1, SA 1 & HA 2 was taken and revealed:
YES: 37.
ABSENT: Representatives Baumbach, Longhurst, Potter & Walker - 4.
Therefore, having received a constitutional majority, HB 256 w/HA 1, SA 1 & HA 2 was sent to the Senate for concurrence.
Representative Viola deferred to Representative Jaques.
Representative Jaques brought HB 296, jointly sponsored by Senator Ennis & Senator Bushweller & Representatives Bolden, Baumbach, Brady, Carson, Heffernan, Kenton, Osienski, Paradee, Potter, Ramone, B. Short, M. Smith, Smyk, Spiegelman, K. Williams & Wilson & Senators Henry, Hocker, McBride & Sokola & cosponsored by Representative D.E. Williams, before the House for consideration.
HB 296 - AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO LICENSES AND PERMITS ISSUED TO SERVICE MEMBERS AND THEIR SPOUSES UNDER THE AUTHORITY OF THE DIVISION OF PROFESSIONAL REGULATION.
Representative Jaques made comments.
The roll call on HB 296 was taken and revealed:
YES: 37.
ABSENT: Representatives Baumbach, Longhurst, Potter & Walker - 4.
Therefore, having received a constitutional majority, HB 296 was sent to the Senate for concurrence.
Representative Viola deferred to Representative Carson.
Representative Carson brought SB 178 w/SA 1, jointly sponsored by Senator Peterson & Senators Lopez, Sokola & Townsend & Representatives Briggs King, Jaques & Paradee, before the House for consideration.
SB 178 - AN ACT TO AMEND TITLES 18 AND 21 OF THE DELAWARE CODE RELATING TO THE MOTOR VEHICLE ACCIDENT PREVENTION COURSE RATES AND TAXICAB AND LIMOUSINE LICENSES.
Representative Carson made comments.
The roll call on SB 178 w/SA 1 was taken and revealed:
YES: 37.
ABSENT: Representatives Baumbach, Longhurst, Potter & Walker - 4.
Therefore, having received a constitutional majority, SB 178 w/SA 1 was returned to the Senate.
Representatives Jaques, Scott & Bolden made announcements. Mr. Speaker Schwartzkopf made an announcement.
The Majority Whip moved to recess to the call of the Chair at 6:10 p.m.

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