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HouseJournal Document
Date: 5/8/2014
Session: S2
Legislative Day: 25

Mr. Speaker Schwartzkopf called the House to order at 2:05 p.m. on May 8, 2014.
Representative K. Williams requested that she be marked present for the current Legislative Day. Representative Hudson requested that she be marked present for the current Legislative Day.
The Chief Clerk read the following committee reports into the record:
JUDICIARY: SB 169 – 6M; HB 312 – 2F, 2M
VETERANS AFFAIRS: HB 255 - 15M; HB 296 - 15M; HB 324 - 16M.
LABOR: HB 294 - 6F,3M; HB 287 - 7F,1M; SJR 4 - 5F,2M; SJR 7 - 5F,2M;
SJR 8 - 5F,2M.
HOUSE ADMINISTRATION: SB 157 - 4M; HB 306 - 3M; HB 307 - 3M;
HB 313 - 3M; HB 305 - 2M,1U.
ECONOMIC DEVELOPMENT/BANKING/INSURANCE & COMMERCE: HB 299 - 9M; HB 318 - 2F,5M.
PUBLIC SAFETY & HOMELAND SECURITY: HB 315 - 8F,1M; HB 317 - 10M;
HS 1 for HB 212 - 7F,1M.
HOUSING & COMMUNITY AFFAIRS: HB 308 - 6M; HB 292 - 2F,5M;
HS 1 for HB 297 - 3F,4M.
HEALTH & HUMAN DEVELOPMENT: SB 189 w/SA 1 - 10M;
SS 1 for SB 118 - 7M; HB 311 - 10M.
Representative Mitchell requested and was granted personal privilege of the floor to introduce a guest.
The Reading Clerk read the following communications into the record:
The Senate wishes to inform the House that it has passed SB 191 & SB 196 and requests the concurrence of the House and the Senate has passed HB 277, HCR 49, HCR 52, HCR 53 & HCR 54 and is returning the same to the House. The Senate wishes to inform the House that it has passed HB 229 w/HA 1, HCR 48, HCR 50 & HCR 51 and is returning the same to the House.
The Majority Leader moved to adjourn at 2:09 p.m., thereby ending the current legislative day. The House reconvened at 2:10 p.m.

25th LEGISLATIVE DAY - 147th GENERAL ASSEMBLY - Second Session
May 8, 2014
The Chief Clerk called the roll. A prayer was offered by Representative Ruth Briggs King, Thirty-seventh Representative District.
Mr. Speaker Schwartzkopf led those present in the pledge of allegiance to the American flag.
The minutes of the previous legislative day were approved as posted.
The following prefiled legislation was introduced:
HB 333 - SCHWARTZKOPF & SENATOR BLEVINS; REPRESENTATIVES ATKINS, HUDSON, DUKES, GRAY, JAQUES, KEELEY, LONGHURST, VIOLA,
D.E. WILLIAMS, WILSON; SENATORS LOPEZ, POORE, TOWNSEND - HOUSE ADMINISTRATION - An Act to Amend Title 22 of the Delaware Code Relating to Municipalities.
HA 2 to HB 270 - LONGHURST - Placed with the Bill.
HA 1 to HA 1 to HB 294 - BOLDEN - Placed with the Bill.
SB 191 - HENRY & SENATOR BUSHWELLER & SENATOR MARSHALL & REPRESENTATIVE KEELEY & REPRESENTATIVE BOLDEN & REPRESENTATIVE SCOTT; SENATORS BLEVINS, ENNIS, MCDOWELL, SOKOLA, TOWNSEND; REPRESENTATIVES BENNETT, PARADEE, POTTER, RAMONE, D. SHORT, SPIEGELMAN, D.E. WILLIAMS, WILSON - HOUSING & COMMUNITY AFFAIRS - An Act to Amend Titles, 22, 29, 30, and 31 of the Delaware Code Relating to Downtown Development Districts.
SB 196 - PETERSON & REPRESENTATIVE KEELEY; SENATORS BLEVINS, SOKOLA, TOWNSEND; REPRESENTATIVES JAQUES, KOWALKO, MIRO, PARADEE, RAMONE, D.E. WILLIAMS - HEALTH & HUMAN DEVELOPMENT - An Act to Amend Title 9 of the Delaware Code Relating to Dangerous Dogs.
Mr. Speaker Schwartzkopf made an announcement. Representative Barbieri requested that action on SS 1 for SB 118 be deferred to a Day Certain, Tuesday, May 13, 2014.
Representative Longhurst deferred to Representative Miro.
Representative Miro introduced and brought HR 33, sponsored by on behalf of All Representatives, before the House for consideration.
HR 33 - RESPECTING AND HONORING ALL DELAWARE MOTHERS ON MAY 11, 2014, MOTHER'S DAY.
WHEREAS, Mother’s Day will be observed across the nation on Sunday, May 11, 2014; and
WHEREAS, Mother’s Day was established at the suggestion and urging of two distinguished American women; and
WHEREAS, the call for an official Mother’s Day was first issued by noted writer, reformer, and suffragist Julia Ward Howe in 1872, and this worthy cause was again taken up by Anna M. Jarvis, who organized the first American observance of Mother’s Day in Philadelphia in 1907; and
WHEREAS, the first Mother's Day observance was a church service honoring Mrs. Anna Reese Jarvis, held at Anna Jarvis's request in Grafton, West Virginia, and in Philadelphia, Pennsylvania, on May 10, 1908; and
WHEREAS, carnations were supplied at that first observance of Mother's Day. White carnations were chosen because they represented the sweetness, purity and endurance of a mother’s love. Red carnations, in time, became the symbol of a living mother while white ones now signify that one's mother has died; and
WHEREAS, the House of Representatives in May, 1913, unanimously adopted a resolution requesting the President, his Cabinet, members of Congress, and all officials of the federal government to wear a white carnation on Mother's Day. Congress passed another Joint Resolution May 8, 1914; and
WHEREAS, Anna Jarvis’s untiring efforts led to the passage of a joint resolution of the United States Congress, designating the second Sunday in May as Mother's Day which was signed by President Woodrow Wilson, resulting in the first national observance of Mother’s Day in May 1914; and
WHEREAS, May 11, 2014 marks the 100th anniversary of Mother’s Day; and
WHEREAS, Mother's Day is officially a national holiday in the United States with the U.S. flag to be displayed on government buildings and at people's homes "as a public expression of our love and reverence for the mothers of our country".
NOW, THEREFORE:
BE IT RESOLVED by the House of Representatives of the 147th General Assembly of the State of Delaware that Sunday, May11, 2014, is hereby recognized as a very special day for all mothers in the State of Delaware.
BE IT FURTHER RESOLVED that the members of the House of Representatives call on all Delawareans to reflect on the many selfless actions of their own mothers and to honor them in the original spirit of the day, as envisioned by Julia Ward Howe and Anna M. Jarvis, by giving each of them the priceless gift of love.
HR 33 was adopted by voice vote.
Representative Miro made comments regarding HR 33.
Representative Longhurst deferred to Representative Briggs King. Representative Briggs King made comments and introduced guests.
Representative Blakey introduced and brought HCR 56, jointly sponsored by Representative Scott on behalf of All Representatives & Senator Bushweller on behalf of All Senators, before the House for consideration.
HCR 56 - SUPPORTING THE DELAWARE STATE UNIVERSITY AVIATION PROGRAM.
WHEREAS, on May 12, 2014, for 6 days, the Delaware State University Aviation Program will compete against more than 29 universities with aviation programs; and
WHEREAS, as most, if not all, of the flight programs in the competition have student populations much greater than Delaware State University, the competition is guaranteed to be focused and rewarding; and
WHEREAS, the Delaware General Assembly goes on record as supporting our young women and men student aviators who will represent the State of Delaware and DSU well; and
WHEREAS, the DSU Aviation Program, since its creation by Dr. Daniel Coons, has continued to produce the results intended; preparing minority youth for entry and success in the aviation industry – civilian and/or military.
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 we support the Delaware State University Aviation Program and wish them well in the upcoming competition.
HCR 56 was adopted by voice vote and was sent to the Senate for concurrence.
Representative Scott addressed participants in the Delaware State University Aviation Program and the House. Captain Stephen Speed, Director, Delaware State University Aviation Program, addressed the House. Dr. Daniel Coons, Program Creator, Delaware State University Aviation Program, addressed the House. Representative Blakey addressed the House. Representatives Spiegelman, Blakey & Bolden made comments. Captain Speed announced the names of program participants for the record.
Representative Longhurst deferred to Representative Jaques.
Representative Jaques brought SCR 51 on behalf of All Representatives, and jointly sponsored by Senator Townsend on behalf of All Senators, before the House for consideration.
SCR 51 - WELCOMING MEMBERS OF TEAM DELDOT TO THE 147TH GENERAL ASSEMBLY AND EXPRESSING UTMOST GRATITUDE FOR THEIR TIRELESS WORK DURING THE HARSH WINTER OF 2013-2014.
The Reading Clerk read the following communication into the record:
The Senate wishes to inform the House that it has passed SCR 51 and requests the concurrence of the House.
Representative Jaques requested and was granted privilege of the floor to honor DelDOT employees for their outstanding efforts during the winter of 2014.
SCR 51 was adopted by voice vote.
Shailen Bhatt, Secretary, Delaware Department of Transportation, addressed the House. Representative Carson made comments. Mr. Speaker Schwartzkopf addressed the employees of DelDOT and the House. Representative Longhurst made comments. The employees announced their names and counties for the record. Representative Longhurst made comments. Representative Outten requested that he be marked present.
The Majority Leader moved to recess for caucus at 2:44 p.m.
The House reconvened at 4:17 p.m.
Mr. Speaker Schwartzkopf assigned HB 308 & HB 317 to the Appropriations Committee.
Representative Longhurst deferred to Representative Osienski.
Representative Osienski brought HB 306, jointly sponsored by Senator Townsend & Representatives Baumbach, Keeley, Kowalko, Miro, Paradee, K. Williams & Wilson, before the House for consideration.
HB 306 - AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO ESTABLISHMENT OF LATE FILING FEES FOR FINANCIAL REPORTS FOR LOBBYIST'S. (3/5 bill) (F/I)
Representatives Osienski & Ramone made comments.
The roll call on HB 306 was taken and revealed:
YES: 39.
ABSENT: Representatives Peterman & Smyk - 2.
Therefore, having received a constitutional majority of at least three-fifths Members of the House, HB 306 was sent to the Senate for concurrence.
Representatives Atkins, Keeley, Mulrooney & M. Smith requested that they be marked present during the roll call.
Representative Longhurst deferred to Representative Longhurst.
Representative Longhurst brought HB 313, jointly sponsored by Senator Lopez, before the House for consideration.
HB 313 - AN ACT TO AMEND THE CHARTER OF THE CITY OF REHOBOTH BEACH RELATING TO TAXES. (2/3 bill)
Representative Longhurst made comments. Mr. Speaker Schwartzkopf welcomed Senator Lopez to the House Chamber.
The roll call on HB 313 was taken and revealed:
YES: 39.
ABSENT: Representatives Peterman & Smyk - 2.
Therefore, having received a constitutional majority of at least two-thirds Members of the House, HB 313 was sent to the Senate for concurrence.
Representative Longhurst deferred to Representative Mitchell.
Representative Mitchell brought HB 72, jointly sponsored by Senator Ennis & Representatives Bolden, Q. Johnson, Longhurst, Miro, Osienski & Ramone, before the House for consideration.
HB 72 - AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE UNLAWFUL CARRYING OF A CONCEALED WEAPON. (F/N)
Representatives Mitchell & Spiegelman made comments.
The roll call on HB 72 was taken and revealed:
YES: Representatives Baumbach, Bennett, Bolden, Carson, Heffernan, Jaques, Q. Johnson, Keeley, Kowalko, Longhurst, Mitchell, Mulrooney, Osienski, Paradee, Viola, Walker, D.E. Williams, K. Williams & Schwartzkopf - 19.
NO: 18.
NOT VOTING: Representatives Barbieri & Gray - 2.
ABSENT: Representatives Peterman & Smyk - 2.
Therefore, not having received a constitutional majority, HB 72 was declared defeated.
The Majority Leader moved to recess to the call of the Chair at 4:33 p.m.
The House reconvened at 4:43 p.m.
Representative Peterman requested that he be marked present.
Representative Scott moved to restore HB 72. The motion was seconded by Representative Keeley and adopted by voice vote.
Representative Mitchell brought HB 72, jointly sponsored by Senator Ennis & Representatives Bolden, Q. Johnson, Longhurst, Miro, Osienski & Ramone, before the House for consideration.
HB 72 - AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE UNLAWFUL CARRYING OF A CONCEALED WEAPON. (F/N)
The roll call on HB 72 was taken and revealed:
YES: 22.
NO: Representatives Atkins, Blakey, Brady, Briggs King, Dukes, Gray, Hudson, J. Johnson, Kenton, Outten, Peterman, Ramone, B. Short, D. Short, M. Smith, Spiegelman & Wilson - 17.
NOT VOTING: Representative Scott - 1.
ABSENT: Representative Smyk - 1.
Therefore, having received a constitutional majority, HB 72 was sent to the Senate for concurrence.
Representative Scott made an announcement.
Representative Scott introduced HB 334, jointly sponsored by Senator Sokola & Representative Heffernan.
HB 334 - AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATED TO EDUCATION.
Mr. Speaker Schwartzkopf assigned HB 334 to the Education Committee.
Representative Scott made an announcement.
Representative Longhurst deferred to Representative B. Short. Representative B. Short requested that HB 278 be stricken.
The Majority Leader moved to recess to the call of the Chair at 4:50 p.m.
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