Journal View
HouseJournal Document
Date: 6/19/2014
Session: S2
Legislative Day: 37
Mr. Speaker Schwartzkopf called the House to order at 1:09 p.m. on June 19, 2014.
The Reading Clerk read the following communications into the record:
The Senate wishes to inform the House that it has passed SB 127 w/SA 1 & SJR 12 and requests the concurrence of the House and the Senate has passed HB 296, HB 311 w/HA 1, HS 1 for HB 234 w/HA 1, HA 3 & HA 6, HB 228 w/HA 1 aab HA 1 to HA 1 & SA 1 &
HB 33 w/HA 1 and is returning the same to the House.
The Majority Leader moved to adjourn at 1:11 p.m., thereby ending the current legislative day. The House reconvened at 1:12 p.m.

37th LEGISLATIVE DAY - 147th GENERAL ASSEMBLY - Second Session
June 19, 2014
The Chief Clerk called the roll. A prayer was offered by Representative Harvey R. Kenton, Thirty-sixth Representative District.
Mr. Speaker Schwartzkopf invited Isaiah Moore and José Torres to lead 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 419 - DUKES & SENATOR VENALBES - HOUSE ADMINISTRATION - An Act to Amend the Charter of the Town of Delmar. (2/3 bill)
HB 420 - MULROONEY & REPRESENTATIVE MITCHELL & SENATOR TOWNSEND - LABOR - An Act to Amend Title 19 of the Delaware Code Relating to Public Employment Relations.
HA 1 to HS 1 for HB 245 - Placed with the Bill.
HA 2 to HB 359 - BRADY - Placed with the Bill.
HA 3 to HB 359 - BRADY - Placed with the Bill.
HA 1 to HB 407 - DUKES - Placed with the Bill.
SB 127 w/SA 1 - POORE & REPRESENTATIVE BRADY; SENATORS LOPEZ, PETTYJOHN, SOKOLA, TOWNSEND; REPRESENTATIVES BENNETT, BOLDEN, OUTTEN, PETERMAN - POLICY ANALYSIS & GOVERNMENT ACCOUNTABILITY - an Act to Amend Title 11 of the Delaware Code Relating to the Board of Parole.
SB 228 - BLEVINS & REPRESENTATIVE SCHWARTZKOPF & REPRESENTATIVE LONGHURST; SENATOR HENRY; REPRESENTATIVES
Q. JOHNSON, MITCHELL, B. SHORT, VIOLA, WILSON - HOUSE ADMINISTRATION - An Act to Amend Title 12, Chapter 11 of the Delaware Code and Volume 78, Chapter 317 of the Laws of Delaware Relating to Abandoned Property.
SB 235 w/SA 1 - ENNIS & SENATOR LAWSON & REPRESENTATIVE MITCHELL & REPRESENTATIVE RAMONE; SENATORS BUSHWELLER, SIMPSON; REPRESENTATIVES BOLDEN, BRIGGS KING, HUDSON, KENTON, MIRO, MULROONEY, SPIEGELMAN, WILSON - HOUSE ADMINISTRATION - An Act to Amend Titles 13 and 16 of the Delaware Code Relating to Public Access to Family Court Proceedings.
SB 244 - TOWNSEND & REPRESENTATIVE JAQUES & REPRESENTATIVE
K. WILLIAMS; SENATORS BLEVINS, MCDOWELL, POORE, SOKOLA; REPRESENTATIVES BARBIERI, BENNETT, BLAKEY, HEFFERNAN, KOWALKO, LONGHURST, OSIENSKI, SCOTT, B. SHORT, D.E. WILLIAMS - EDUCATION - An Act to Amend Title 14 of the Delaware Code Relating to the Delaware Performance Appraisal System II Advisory Committee.
SB 253 - MCBRIDE & REPRESENTATIVE BARBIERI; SENATOR BLEVINS; REPRESENTATIVE MULROONEY - HOUSE ADMINISTRATION - An Act to Authorize and Approve the Conveyance of Certain Real Property in New Castle County to the Colonial School District and Providing for the Future Subdivision and Conveyance of a Portion of this Real Property to Faithful Friends. (3/4 bill)
Representative M. Smith requested and was granted personal privilege of the floor to introduce guests and to make comments.
Representative Longhurst deferred to Representative Walker.
Representative Walker introduced and brought HCR 67, jointly sponsored by Representative Bolden & Representative Briggs King on behalf of All Representatives & Senator Hall-Long on behalf of All Senators, before the House for consideration.
HCR 67 - HONORING THE YOUNG WOMEN FROM ACROSS THE STATE OF DELAWARE PARTICIPATING IN THE 2014 SESSION OF DELAWARE GIRLS STATE.
WHEREAS, during the week of June 19, 2014, young women from across the State of Delaware, students at the State's public and private high schools, come to Legislative Hall in Dover to participate in the 2014 session of Delaware Girls State; and
WHEREAS, during their stay here, these young women will receive valuable hands-on training and experience in the legislative process and the ways of State government, which will serve them in good stead in their later lives; and
WHEREAS, the experience they receive during Girls State will prove especially useful to those among their number who go on to assume leadership roles in government or seek elective office in the future; and
WHEREAS, the participants in Delaware Girls State have, during their session, elected from among their ranks a Governor, a Lieutenant Governor, a State Treasurer, a State Auditor, a State Insurance Commissioner, and members of both houses of the General Assembly;
HCR 67 was adopted by voice vote and was sent to the Senate for concurrence.
Representative Walker made comments regarding HCR 67 and introduced guests.
Mr. Speaker Schwartzkopf invited the Girls State Speaker of the House to join him on the podium and to assume the role of Speaker of the House. Representative Longhurst invited the Girls State Majority Leader, Majority Whip, Minority Leader, and Minority Whip to join their respective counterparts on the House Floor and to assume their roles. Mr. Speaker Schwartzkopf addressed the House and the participants in Girls State. Representatives Longhurst & D. Short made comments.
The Majority Leader deferred to Representative Bolden.
Representative Bolden introduced and brought HCR 68, jointly sponsored by Representative Potter & Representative J. Johnson & Representative Blakey on behalf of All Representatives & Senator Henry on behalf of All Senators, before the House for consideration.
HCR 68 - PROCLAIMING AND RECOGNIZING JUNE 19, 2014, AS JUNETEENTH INDEPENDENCE DAY.
WHEREAS, President Abraham Lincoln issued the Emancipation Proclamation on January 1, 1863, but news of the end of slavery came slowly to frontier areas of the country; and
WHEREAS, June 19, 1865, is recognized as the date on which General Gordon Granger, upon arriving in Galveston, Texas, issued General Order Number Three, notifying the last enslaved Americans of their new legal status, almost two and a half years after the Emancipation Proclamation and months after the conclusion of the Civil War; and
WHEREAS, the African-Americans who had been slaves in the Southwest thereafter celebrated that date, commonly known as Juneteenth Independence Day, as the anniversary of their emancipation; and
WHEREAS, their descendants handed down that tradition from generation to generation as inspiration and encouragement for future generations; and
WHEREAS, Juneteenth celebrations have thus been held for over 135 years to honor the memory of all those who endured slavery, especially those who moved from slavery to freedom, and to encourage self-development and respect for all cultures; and
WHEREAS, the history behind the celebration of Juneteenth should be remembered as the event continues to receive increased national, and even global, recognition; and
WHEREAS, the example of faith and strength of character of those who endured and overcame slavery remains a lesson for all Americans today, regardless of background, region, or race;
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 June 19, 2014 is hereby proclaimed and recognized as Juneteenth Independence Day in the State of Delaware.
BE IT FURTHER RESOLVED that the General Assembly does hereby encourage the people of the State of Delaware to reflect upon the significant roles and many contributions of African-Americans to Delaware and our nation throughout history and today, and to celebrate this day with appropriate activities and events that honor this rich legacy.
Representatives Bolden, Blakey & J. Johnson made comments.
HCR 68 was adopted by voice vote and was sent to the Senate for concurrence.
Representatives Spiegelman, Mitchell & Atkins requested that they be marked present.
Representative Scott made comments.
The Majority Leader brought HR 38, jointly sponsored by Representative Schwartzkopf & Representative Longhurst & Representative Viola & Representative D. Short & Representative Hudson on behalf of All Representatives, before the House for consideration.
HR 38 - RECOGNIZING JUNE 19, 2014 AS STAFF APPRECIATION DAY IN THE HOUSE OF REPRESENTATIVES.
WHEREAS, it is understood that without the enthusiastic, devoted staff of the Delaware House of Representatives, Legislative Hall would not function smoothly or efficiently; and
WHEREAS, even in the midst of long and hectic session days, our dedicated legislative staff are always willing to take special pains to assist the legislators and serve the citizens of Delaware; and
WHEREAS, our legislative staff often manage difficult work and must multi-task with skill, acumen, and optimism, providing necessary support without complaint; and
WHEREAS, our legislative employees, including bill-stampers, pages, secretaries, legal staff, and full-time staffers, form the backbone of this distinguished institution; and
WHEREAS, our legislative staff is such an integral part of the legislative process that even this Resolution would not be possible without them;
NOW, THEREFORE:
BE IT RESOLVED by the House of Representatives of the 147th General Assembly of the State of Delaware that we hereby recognize the invaluable contributions of our legislative staff and extend the deepest, sincerest gratitude for all of their hard work and commitment.
Representative Longhurst requested that all staff members join the Members on the House Floor to be recognized. Representative Longhurst made comments.
HR 38 was adopted by voice vote.
Representative Longhurst made comments and recognized Pam Price, Minority Chief of Staff and Sean Finnigan, Majority Chief of Staff. Representatives D. Short & Hudson made comments. The Minority Whip made comments. Representative D. Short made comments. The Minority Leader made comments. Representative Viola made comments. The Majority Whip made comments. Representatives Brady, Viola, Heffernan & Longhurst made comments.
Mr. Speaker Schwartzkopf made comments and addressed the staff.
The Majority Leader deferred to Representative Bolden.
Representative Bolden introduced HCR 66, jointly sponsored by Senator Marshall & Senator Townsend.
HCR 66 - ESTABLISHING THE TASK FORCE ON DELAWARE’S HOMELESS TO STUDY AND MAKE FINDINGS AND RECOMMENDATIONS REGARDING SAFE AND FAIR HOUSING.
The Speaker of the House assigned HCR 66 to the Housing & Community Affairs Committee.
The Majority Leader moved to recess for caucus at 1:54 p.m.
The House reconvened at 3:11 p.m.
Representative Longhurst deferred to Representative Potter.
Representatives Mulrooney & Keeley requested that they be marked present.
Representative Potter requested and was granted privilege of the floor for himself, Representative Bolden, Representative Blakey & Representative J. Johnson to welcome participants in Young African Leadership. Colin Miller, Program Manager, University of Delaware addressed the House. Representative Potter addressed the House. Representative Blakey addressed the House and sang an African song.
Representative Longhurst deferred to Representative Scott.
Representative Scott brought HB 340, jointly sponsored by Representative Mitchell & Senator Sokola & Representatives Gray, Heffernan & Jaques & Senator Lopez, before the House for consideration.
HB 340 - AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE OMNIBUS SCHOOL SAFETY ACT.
Representative Scott made comments.
The roll call on HB 340 was taken and revealed:
YES: 40.
ABSENT: Representative Smyk - 1.
Therefore, having received a constitutional majority, HB 340 was sent to the Senate for concurrence.
Representative Longhurst deferred to Representative Mitchell. Representative Mitchell requested and was granted personal privilege of the floor to introduce a guest.
Representative Longhurst deferred to Representative Barbieri.
Representative Barbieri brought HB 344, jointly sponsored by Representative Heffernan & Senator Hall-Long & Representative Jaques & Senator Sokola, before the House for consideration.
HB 344 - AN ACT TO AMEND TITLES 11 AND 16 OF THE DELAWARE CODE RELATING TO CRIMES, MENTAL HEALTH, AND CRIMINAL AND CIVIL PROCEDURE.
Representative Barbieri brought HA 1 to HB 344 before the House for consideration.
Representative Barbieri made comments. HA 1 was adopted by voice vote. Representative Barbieri made comments.
The roll call on HB 344 w/HA 1 was taken and revealed:
YES: 41.
Therefore, having received a constitutional majority, HB 344 w/HA 1 was sent to the Senate for concurrence.
Representative Longhurst deferred to Representative Barbieri.
Representative Barbieri brought HB 382, jointly sponsored by Senator Blevins & Representatives Hudson, Jaques, Miro & B. Short & Senator Peterson, before the House for consideration.
HB 382 - AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO FAMILY COURT PROTECTIVE ORDERS.
Representative Barbieri made comments.
The roll call on HB 382 was taken and revealed:
YES: 41.
Therefore, having received a constitutional majority, HB 382 was sent to the Senate for concurrence.
Representative Longhurst deferred to Representative Barbieri.
Representative Barbieri brought HB 346, jointly sponsored by Representative Heffernan & Senator Hall-Long, before the House for consideration.
HB 346 - AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE COMMITMENT OF THE MENTALLY ILL.
Representative Barbieri brought HA 1 to HB 346 before the House for consideration.
Representative Barbieri made comments. HA 1 was adopted by voice vote. Representative Barbieri made comments.
The roll call on HB 346 w/HA 1 was taken and revealed:
YES: 41.
Therefore, having received a constitutional majority, HB 346 w/HA 1 was sent to the Senate for concurrence.
Representative Longhurst deferred to Representative Barbieri.
Representative Barbieri brought HB 388, jointly sponsored by Senator Peterson & Senator Hall-Long & Representatives Dukes, J. Johnson, Q. Johnson, Keeley, Mulrooney, Osienski, Paradee, B. Short & D.E. Williams & cosponsored by Representatives Heffernan & Kowalko, before the House for consideration.
HB 388 - AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE TREATMENT OF DRUG OVERDOSE.
Representative Mitchell introduced and brought HA 1 to HB 388 before the House for consideration. Representative Mitchell made comments. HA 1 was adopted by voice vote.
Representatives Barbieri, Smyk, Dukes & Briggs King made comments. Representative Barbieri requested and was granted privilege of the floor for Lt. Fred Calhoun, representing the New Castle County Police Department, who addressed the House.
The roll call on HB 388 w/HA 1 was taken and revealed:
YES: 40.
NO: Representative Smyk - 1.
Therefore, having received a constitutional majority, HB 388 w/HA 1 was sent to the Senate for concurrence.
Representative Longhurst deferred to Representative Barbieri.
Representative Barbieri brought SB 219, jointly sponsored by Senator Hall-Long & Senator Henry & Senator Townsend & Representative Barbieri & Representative Keeley & Representative Walker & Representative Mulrooney & Senators Ennis, Lopez, Sokola, Cloutier & Venables & Representatives Baumbach, Heffernan, Hudson, Jaques, J. Johnson, Osienski,
B. Short & D.E. Williams & cosponsored by Representative Dukes, before the House for consideration.
SB 219 - AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DEPARTMENT OF HEALTH AND SOCIAL SERVICES.
Representative Barbieri made comments.
The roll call on SB 219 was taken and revealed:
YES: 41.
Therefore, having received a constitutional majority, SB 219 was returned to the Senate.
Representative Longhurst deferred to Representative Barbieri. Representative Barbieri made comments regarding SB 219. Representative Barbieri requested and was granted privilege of the floor for David C. Humes, Director, Attack Addiction, who addressed the House .
Representative Longhurst deferred to Representative Brady.
Representative Brady brought HB 351, jointly sponsored by Senator Poore & Representatives Bennett, Bolden, Outten & Peterman & Senators Lopez, Pettyjohn, Sokola & Townsend, before the House for consideration.
HB 351 - AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE FREEDOM OF INFORMATION ACT.
Representative Brady made comments.
The roll call on HB 351 was taken and revealed:
YES: 41.
Therefore, having received a constitutional majority, HB 351 was sent to the Senate for concurrence.
Representative Longhurst deferred to Representative Walker.
Representative Walker brought HB 392, jointly sponsored by Senator Bushweller & Representatives Barbieri, Baumbach, Brady, Briggs King, Dukes, Gray, Hudson, J. Johnson, Mitchell, Paradee, M. Smith, Smyk, Viola & Wilson & Senators Blevins, Ennis, Lavelle, Lawson, McDowell, Pettyjohn, Townsend & Venables, before the House for consideration.
HB 392 - AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO CERTAIN POSITIONS IN THE COURT OF COMMON PLEAS AND THE JUSTICE OF THE PEACE COURT.
Representative Walker made comments.
The roll call on HB 392 was taken and revealed:
YES: 41.
Therefore, having received a constitutional majority, HB 392 was sent to the Senate for concurrence.
The Chief Clerk read the following committee report into the record:
PUBLIC SAFETY & HOMELAND SECURITY: HS 1 for HB 371 - 8M.
Representative Schwartzkopf requested that HB 405 be stricken.
Representative Longhurst deferred to Representative Dukes.
Representative Dukes brought HB 407, jointly sponsored by Senator Venables & Senator Pettyjohn & Senator Lavelle & Representatives D. Short, Hudson, Briggs King, Gray, Kenton, Miro, Outten, Peterman, Ramone, Spiegelma & B. Short & Senators Hocker & Simpson, before the House for consideration.
HB 407 - AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO THE REGISTRATION OF CHILD SUPPORT ORDERS AND INCOME-WITHHOLDING ORDERS FROM OTHER JURISDICTIONS.
Representative Dukes brought HA 1 to HB 407 before the House for consideration.
Representative Dukes made comments. HA 1 was adopted by voice vote. Representative Dukes made comments.
The roll call on HB 407 w/HA 1 was taken and revealed:
YES: 39.
ABSENT: Representatives Briggs King & Walker - 2.
Therefore, having received a constitutional majority, HB 407 w/HA 1 was sent to the Senate for concurrence.
Representative Longhurst deferred to Representative Heffernan.
Representative Heffernan brought SB 75 w/SA 1, jointly sponsored by Senator McBride & Representatives Longhurst & Heffernan & Senators Blevins, Bushweller, Ennis, Hocker, McDowell & Poore & Representatives Atkins, Brady, Q. Johnson, Kenton, Outten & Wilson, before the House for consideration.
SB 75 - AN ACT TO AMEND TITLE 29 AND TITLE 30 RELATING TO THE INVESTMENT OF THE PARKS ENDOWMENT ACCOUNT AND THE DELAWARE LAND AND WATER CONSERVATION TRUST FUND ENDOWMENT IN THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL.
Representative Heffernan brought HA 1 to SB 75, jointly sponsored by Representatives Brady, Gray, Jaques, Keeley, D. Short, Smyk & D.E. Williams, before the House for consideration. Representative Heffernan made comments. HA 1 was adopted by voice vote.
Representative Heffernan made comments.
The roll call on SB 75 w/SA 1 & HA 1 was taken and revealed:
YES: 40.
ABSENT: Representative Briggs King - 1.
Therefore, having received a constitutional majority, SB 75 w/SA 1 & HA 1 was returned to the Senate.
Representative Longhurst brought HB 414, jointly sponsored by Representative Schwartzkopf & Representative Viola & Representative M. Smith & Representative D. Short & Representative Hudson & Senator Blevins & Senator McBride & Senator Henry & Senator McDowell & Senator Simpson & Senator Lavelle, before the House for consideration.

HB 414 - AN ACT TO AMEND CHAPTER 11, TITLE 5 OF THE DELAWARE CODE AND CHAPTER 72, VOLUME 78 OF THE LAWS OF DELAWARE RELATING TO BANK FRANCHISE TAXES.
Representative Longhurst made comments.
The roll call on HB 414 was taken and revealed:
YES: 39.
ABSENT: Representatives Briggs King & Ramone - 2.
Therefore, having received a constitutional majority, HB 414 was sent to the Senate for concurrence.
The Majority Leader moved to recess to the call of the Chair at 4:05 p.m.
Go to top