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Journal Document
Date:
4/8/2014
Session:
S2
Legislative Day:
17
Mr. Speaker Schwartzkopf called the House to order at 2:03 p.m. on April 8, 2014.
The Chief Clerk read the following committee report into the record:
PUBLIC SAFETY & HOMELAND SECURITY:
HB 253
- 8M.
The Majority Leader moved to adjourn at 2:04 p.m., thereby ending the current legislative day. The House reconvened at 2:05 p.m.
17th LEGISLATIVE DAY - 147th GENERAL ASSEMBLY - Second Session
April 8, 2014
The Chief Clerk called the roll.
Members Present: 40.
Member Absent: Representative Peterman - 1.
A prayer was offered by Representative William J. Carson, Jr., Twenty-eighth Representative District.
Mr. Speaker Schwartzkopf requested that the visitors representing the Delaware Volunteer Firefighter’s Association enter the Chamber and invited Rich Tolson and Edward Kalinowski to join him on the podium. Mr. Speaker Schwartzkopf welcomed former Representative Clifford G. Lee and invited him to join the group on the podium. Mr. Speaker Schwartzkopf invited Rich Tolson, Edward Kalinowski & Clifford Lee to join him in leading those present in the pledge of allegiance to the American flag.
The following prefiled legislation was introduced:
HS 1 for HB 115
- SCOTT; REPRESENTATIVES DUKES, OSIENSKI, SMYK, SENATORS BLEVINS, BUSHWELLER, ENNIS, HENRY, LOPEZ, PETERSON, PETTYJOHN - ECONOMIC DEVELOPMENT/BANKING/INSURANCE & COMMERCE - An Act to Amend Title 10 of the Delaware Code Relating to the Limitation of Actions.
HS 1 for HB 234
- BAUMBACH & REPRESENTATIVE BRIGGS KING & REPRESENTATIVE CARSON & SENATOR ENNIS - MANUFACTURED HOUSING - An Act to Amend Title 25 of the Delaware Code and Chapter 63, Volume 79 of the Laws of Delaware Relating to Manufactured Homes and Manufactured Home Communities.
HS 1 for HB 262
- BAUMBACH & REPRESENTATIVE CARSON & SENATOR ENNIS; REPRESENTATIVES KOWALKO, D.E. WILLIAMS - MANUFACTURED HOUSING - An Act to Amend Chapter 70, Title 25 of the Delaware Code Relating to Manufactured Homes and Manufactured Home Communities.
HB 291
- B. SHORT & SENATOR BUSHWELLER; REPRESENTATIVES HEFFERNAN,
J. JOHNSON, KEELEY, RAMONE, WILSON; SENATOR SOKOLA - ECONOMIC DEVELOPMENT/ BANKING/INSURANCE & COMMERCE - An Act to Amend Title 18 of the Delaware Code Relating to the Insurance Coverage Office.
HB 292
- SCOTT & REPRESENTATIVE BENNETT & SENATOR BUSHWELLER - HOUSING & COMMUNITY AFFAIRS - An Act to Amend Title 9 of the Delaware Code Relating to Limitations Upon Taxing Power.
HB 300
- BAUMBACH & REPRESENTATIVE K. WILLIAMS & SENATOR TOWNSEND; REPRESENTATIVES BRADY, JAQUES, KOWALKO, LONGHURST, PARADEE, SCHWARTZKOPF, B. SHORT, VIOLA, WALKER - HOUSE ADMINISTRATION - An Act to Amend Title 19 of the Delaware Code Relating to the Whistleblowers’ Protection Act.
HB 301
- PARADEE & SENATOR SOKOLA; REPRESENTATIVES JAQUES, Q. JOHNSON, LONGHURST, SCHWARTZKOPF, B. SHORT, M. SMITH, VIOLA, K. WILLIAMS; SENATOR BLEVINS, ENNIS, PETERSON - HOUSE ADMINISTRATION - An Act to Amend Title 15 of the Delaware Code Relating to Elections.
HB 303
- BOLDEN & SENATOR POORE; REPRESENTATIVES BAUMBACH, MIRO, KOWALKO, OSIENSKI, PARADEE, VIOLA, WILSON; HOUSE ADMINISTRATION - An Act to Amend Title 29 of the Delaware Code Relating to Electronic Verification of Lobbyist’s Employer Authorization.
HB 304
- POTTER & REPRESENTATIVE OSIENSKI & SENATOR PETERSON; RERPESENTATIVES BAUMBACH, BENNETT, KOWALKO, PARADEE, RAMONE, WILSON - HOUSE ADMINISTRATION - An Act to Amend Title 29 of the Delaware Code Requiring Electronic Filing of Public Officer Financial Disclosure Reports.
HB 306
- OSIENSKI & SENATOR TOWNSEND; REPRESENTATIVES BAUMBACH, KEELEY, KOWALKO, MIRO, PARADEE, K. WILLIAMS, WILSON - HOUSE ADMINISTRATION - An Act to Amend Title 29 of the Delaware Code Relating to Establishment of Late Filing Fees for Financial Reports for Lobbyists. (3/5 bill)
HA 1 to HB 132
- D.E. WILLIAMS - Placed with the Bill.
HA 1 to HB 253
- M. SMITH - Placed with the Bill.
HA 1 to HB 272
- BRIGGS KING - Placed with the Bill.
SB 169
- HENRY & SENATOR SIMPSON & REPRESENTATIVE WALKER & REPRESENTATIVE SMYK; SENATORS LAWSON, MCDOWELL; REPRESENTATIVES CARSON, J. JOHNSON, POTTER - JUDICIARY - An Act to Amend Title 10 of the Delaware Code Relating to Drug Testing of Uniformed Services Employees
SB 177
- HENRY & SENATOR TOWNSEND & REPRESENTATIVE KEELEY; SENATORS BUSHWELLER, ENNIS, MARSHALL, PETERSON, PETTYJOHN; REPRESENTATIVES DUKES, HEFFERNAN, MIRO, MITCHELL, OSIENSKI, PARADEE, POTTER, RAMONE, M. SMITH, SPIEGELMAN, K. WILLIAMS - JUDICIARY - An Act to Amend Title 11 of the Delaware Code Related to Witness Intimidation.
Representative Longhurst introduced and brought
HCR 45
, jointly sponsored by Representative Schwartzkof on behalf of All Representatives & Senator Blevins & Senator McBride on behalf of All Senators, before the House for consideration.
HCR 45
- RECOGNIZING APRIL 8, 2014, AS “VOLUNTEER FIREFIGHTER DAY” IN THE
STATE OF DELAWARE.
WHEREAS, volunteer firefighters have been imbedded in the fabric of our country for centuries, with the first volunteer fire company organized in Delaware in 1775; and
WHEREAS, today, there are over 6,000 members in 60 volunteer fire companies operating 81 fire stations within Delaware; and
WHEREAS, these companies provide fire, rescue, and emergency medical services to over 800,000 Delawareans; and
WHEREAS, the men and women who make up Delaware’s highly trained and well equipped volunteer first responders answered more than 130,000 calls for assistance last year; and
WHEREAS, every eight minutes a Delaware volunteer fire company unit is responding to someone’s emergency, and these volunteers devote hours in training, preparing, and running the business of their companies; and
WHEREAS, the Delaware volunteer fire companies are a true melting pot of the communities they serve, with their members cutting across generations, genders, religions, races and ethnic backgrounds, and through their dedication to community service, volunteers form strong bonds of brotherhood and sisterhood; and
WHEREAS, volunteer firefighters are willing to go out at any time, in any weather, and put their lives on the line for the public they serve; and
WHEREAS, the Delaware Volunteer Firefighter’s Association is to kicking off the “Delaware Volunteer Firefighters Make a Difference Campaign” for the recruitment of new volunteer firefighters and members of the auxiliary;
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 April 8, 2014, is hereby recognized as “Volunteer Firefighter Day” throughout the State of Delaware.
BE IT FURTHER RESOLVED that Delawareans are urged to extend their appreciation and to consider serving as a volunteer firefighter.
Representative Longhurst made comments and introduced guests.
HCR 45
was adopted by voice vote and was sent to the Senate for concurrence.
Representative M. Smith introduced a guest and made comments. Representatives Mitchell & Carson made comments. Representative Kowalko requested that he be marked present and made comments. Representatives Jaques & D. Short made comments. Representative Kenton made comments and introduced guests. Representative Heffernan requested that she be marked present. Representative Atkins made comments and introduced guests. Representatives Spiegelman, Bennett, Hudson & Wilson made comments. Representatives Blakey & Briggs King made comments and introduced guests. Representative Bolden made comments. Representative Outten made comments and introduced guests. Mr. Speaker Schwartzkopf addressed the members of the Delaware Volunteer Firefighter’s Association. Representatives Paradee & B. Short requested that they be marked present.
The minutes of the previous legislation day were approved as posted.
Representative Longhurst made an announcement.
The Reading Clerk read the following communication into the record.
April 8, 2014
LEGISLATIVE ADVISORY #26
Governor Jack A. Markell signed the following legislation on the date indicated; 4/4/14 -
HB 159 aab HA 1
,
SB 143 aab SA 1
&
SS 1 to SB 13
.
Representative Longhurst made an announcement.
Representative Longhurst deferred to Representative Bolden.
Representative Bolden introduced and brought
HR 27
, jointly sponsored by Representatives Bennett, Briggs King, Heffernan, Hudson, Keeley, Longhurst, M. Smith, Walker & K. Williams, before the House for consideration.
HR 27
- ESTABLISHING APRIL 8, 2014, AS “EQUAL PAY DAY” IN THE STATE
OF DELAWARE.
WHEREAS, since 1963, when the Equal Pay Act and Title VII of the Civil Rights Act were signed into law, women, especially minority women, continue to need policies and legislation to encourage fair pay in the workplace; and
WHEREAS, according to U.S. Census Bureau statistics, year-round, full-time working women earned only 77% of the earnings of year-round, full-time working men, a gap of 23%, indicating little recent progress for pay equality; and
WHEREAS, an analysis by the U.S. Department of Labor statistics data in over 300 classifications showed that women earn less in every occupational classification for which enough data is available, including occupations traditionally dominated by women; and
WHEREAS, just one year out of college, working women are paid on average just 82% of what their male colleagues are paid in the same field and with the same degree; and
WHEREAS, by the age of 65, the average woman will have lost $431,000 in wages as a result of the earnings gap; and
WHEREAS, women of color face an even greater wage gap, with African American women having been paid 64% of what white men earned in 2012 and Hispanic and Latina women having earned only 53% of what white men earned in 2012; and
WHEREAS, nearly four in ten mothers are primary breadwinners in their households, and nearly two-thirds are significant earners, making pay equality critical to families’ economic security; and
WHEREAS, fair pay policies can be implemented simply and without undue cost or hardship in both the public and private sectors; and
WHEREAS, in 2009, the Lilly Ledbetter Act was signed into law, which restores protection against pay discrimination; and
WHEREAS, President Barack Obama highlighted the problem of women’s wage gap in his 2014 State of Union Address; and
WHEREAS, Tuesday, April 8
th
, symbolizes the time this year in which the wages paid to women in the United States catch up to the wages paid to men from the previous year;
NOW, THEREFORE:
BE IT RESOLVED by the House of Representatives of the 147th General Assembly of the State of Delaware that April 8, 2014 is designated as “Equal Pay Day” in the State of Delaware.
Representative Bolden made comments.
HR 27
was adopted by voice vote.
Representative Bolden requested and was granted privilege of the floor for herself and members of the American Association of University Women Delaware. Wave Starnes, Co-President, American Association of University Women Delaware, addressed the House. Ramona Fullman, Director, Delaware Commission for Women, Division of Human Relations, addressed the House. Shefon Taylor, Volunteer, Delaware Commission for Women, address the House. Representative Longhurst made comments. Representative Bolden addressed the House.
Representative Longhurst deferred to Representative Ramone.
Representative Ramone requested and was granted privilege of the floor for himself, Bill Short, Vikki Bandy & Dorianne Short, representing the Delaware Ovarian Cancer Foundation. Dorianne Short, President, Delaware Ovarian Cancer Foundation, addressed the House. Representative Keeley requested and was granted personal privilege of the floor to make comments. Representative K. Williams requested and was granted personal privilege of the floor to introduce a guest. Representatives Outten & Wilson made announcements.
The Majority Leader moved to recess for caucus at 2:57 p.m.
The House reconvened at 4:36 p.m.
The Reading Clerk read the following communication into the record:
The Senate wishes to inform the House that it has passed
SB 174
and requests the concurrence of the House and it has passed
HCR 45
and is returning the same to the House.
April 8, 2014
TO : Richard Puffer
Chief Clerk, House of Representatives
FROM : Representative Harold J. Peterman
SUBJECT : Absence from Session
I am unable to attend session this week, April 8 through April 10, 2014.
Representative Longhurst deferred to Representative Scott.
Representative Scott introduce and brought
HCR 46
, jointly sponsored by on behalf of All Representatives & Senator Sokola on behalf of All Senators, before the House for consideration.
HCR 46
- COMMENDING THE STUDENTS SELECTED AS SECRETARY OF EDUCATION
SCHOLARS OF 2014.
Representative Scott made comments.
HCR 46
was adopted by voice vote and was sent to the Senate for concurrence.
Representatives Paradee & Blakey made announcements.
Representative Longhurst deferred to Representative Atkins.
Representative Atkins brought
SB 160 w/SA 1
, jointly sponsored by Senator Venables & Senators Ennis, Henry, Hocker, Lawson, Lopez, Pettyjohn & Simpson & Representatives Briggs King, Dukes, Kenton, Paradee, Peterman, Ramone, Wilson & Spiegelman & cosponsored by Representative Gray, before the House for consideration.
SB 160
- AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO THE
GROSS VEHICLE WEIGHT OF LIVE-HAUL POULTRY TRUCKS.
Representative Atkins made comments.
The roll call on
SB 160 w/SA 1
was taken and revealed:
YES: 40.
ABSENT: Representative Peterman - 1.
Therefore, having received a constitutional majority,
SB 160 w/SA 1
was returned to the Senate.
Representative Mulrooney requested that he be marked present during the roll call.
Representative Scott requested and was granted personal privilege of the floor to make comments regarding
HCR 46
.
Representative Longhurst deferred to Representative Smyk.
Representative Smyk brought
SB 167 w/SA 1
, jointly sponsored by Senator Lopez & Senators Bushweller, Cloutier, Ennis, Lavelle, Lawson & Pettyjohn & Representatives Baumbach, Bolden, Gray, Keeley, Osienski, Outten, Schwartzkopf, Scott & K. Williams, before the House for consideration.
SB 167
- AN ACT TO AMEND TITLE 4 OF THE DELAWARE CODE RELATING TO THE
DEFINITION OF ALCOHOLIC LIQUORS.
Representative Smyk made comments.
The roll call on
SB 167 w/SA 1
was taken and revealed:
YES: 39.
NO: Representative Kenton - 1.
ABSENT: Representative Peterman - 1.
Therefore, having received a constitutional majority,
SB 167 w/SA 1
was returned to the Senate.
Representative Longhurst deferred to Representative Mitchell.
Representative Mitchell brought
HB 279
, jointly sponsored by Senator Ennis & Representatives Baumbach, Briggs King, Carson, Dukes, Gray, Heffernan, Hudson, Jaques, Kowalko, Osienski, Paradee, Spiegelman & Wilson & Senators Blevins & Townsend, before the House for consideration.
HB 279
- AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE
DELAWARE COUNTY AND MUNICIPAL POLICE/FIREFIGHTER PENSION PLAN.
Representative Mitchell made comments.
The roll call on
HB 279
was taken and revealed:
YES: 40.
ABSENT: Representative Peterman - 1.
Therefore, having received a constitutional majority,
HB 279
was sent to the Senate for
concurrence.
Representative Longhurst deferred to Representative Mitchell.
Representative Mitchell brought
HB 280
, jointly sponsored by Senator Ennis & Senator Townsend & Representatives Baumbach, Bolden, Carson, Dukes, Heffernan, Hudson, Jaques, J. Johnson, Keeley, Miro, Mulrooney, Osienski, Outten, Paradee, Ramone, Schwartzkopf, Scott, D. Short, M. Smith & Smyk & Senators Bushweller, Henry, Hocker, Lawson, Marshall, McBride, Peterson, Poore & Simpson, before the House for consideration.
HB 280
- AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO
ARREST WITHOUT WARRANT FOR MOTOR VEHICLE VIOLATIONS.
Representative Mitchell made comments.
The roll call on
HB 280
was taken and revealed:
YES: 38.
NO: Representative Atkins - 1.
ABSENT: Representatives Blakey & Peterman - 2.
Therefore, having received a constitutional majority,
HB 280
was sent to the Senate for
concurrence.
Representative Longhurst deferred to Representative Scott.
Representative Scott brought
HB 288
, jointly sponsored by Senator Bushweller, before the House for consideration.
HB 288
- AN ACT TO AMEND SECTION 115 OF TITLE 26 OF THE DELAWARE CODE
RELATING TO THE PUBLIC SERVICE COMMISSION.
Representative Scott made comments.
The roll call on
HB 288
was taken and revealed:
YES: 38.
ABSENT: Representatives Blakey, Peterman & Walker - 3.
Therefore, having received a constitutional majority,
HB 288
was sent to the Senate for
concurrence.
Representative Longhurst deferred to Representative Keeley.
Representative Keeley brought
HB 252
, jointly sponsored by Senator Henry & Representatives Dukes, Heffernan, Hudson, Miro & Mitchell & Senator Marshall, before the House for consideration.
HB 252
- AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO
BAIL.
Representative Keeley made comments.
The roll call on
HB 252
was taken and revealed:
YES: 39.
ABSENT: Representatives Peterman & Walker - 2.
Therefore, having received a constitutional majority,
HB 252
was sent to the Senate for
concurrence.
Representative Longhurst deferred to Representative Keeley.
Representative Keeley brought
HB 277
, jointly sponsored by Senator Blevins & Representative Mulrooney & Senators Peterson & Venables, before the House for consideration.
HB 277
- AN ACT TO AMEND CHAPTER 349, VOLUME 78 OF THE LAWS OF
DELAWARE RELATING TO DRIVING A VEHICLE WHILE UNDER THE INFLUENCE.
Representative Keeley made comments.
The roll call on
HB 277
was taken and revealed:
YES: 39.
ABSENT: Representatives Peterman & Walker - 2.
Therefore, having received a constitutional majority,
HB 277
was sent to the Senate for
concurrence.
Representative Longhurst deferred to Representative Kenton. Representative Kenton made an announcement.
Representatives Spiegelman & Longhurst made announcements.
The Majority Leader moved to recess to the call of the Chair at 5:06 p.m.
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