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Date: 6/17/2014
Session: S2
Legislative Day: 35
Mr. Speaker Schwartzkopf called the House to order at 2:03 p.m. on June 17, 2014.
Representative Mitchell made an announcement.
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.

35th LEGISLATIVE DAY - 147th GENERAL ASSEMBLY - Second Session
June 17, 2014
The Chief Clerk called the roll. A prayer was offered by Representative Earl G. Jaques, Jr., Twenty-seventh Representative District.
Mr. Speaker Schwartzkopf invited 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 406 - BRIGGS KING & REPRESENTATIVE BAUMBACH & SENATOR PETTYJOHN - ECONOMIC DEVELOPMENT/BANKING/INSURANCE & COMMERCE - An Act to Amend Title 24 of the Delaware Code Relating to Real Estate Brokers, Associate Brokers, and Salespersons.
HB 407 - DUKES & SENATOR VENABLES & SENATOR PETTYJOHN & SENATOR LAVELLE; REPRESENTATIVES D. SHORT, HUDSON, BRIGGS KING, GRAY, KENTON, MIRO, OUTTEN, PETERMAN, RAMONE, SPIEGELMAN, B. SHORT; SENATORS HOCKER, SIMPSON - HEALTH & HUMAN DEVELOPMENT - 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.
HB 408 - J. JOHNSON & SENATOR POORE & REPRESENTATIVE BOLDEN - JUDICIARY - An Act to Amend
Title 11 of the Delaware Code Relating to Compensation for Victims of Violent Crimes
HB 409 - WALKER - HEALTH & HUMAN DEVELOPMENT - An Act to Amend Title 16 of the Delaware Code Relating to Health and Safety.
HB 410 - MULROONEY & REPRESENTATIVE D.E. WILLIAMS & SENATOR MCDOWELL - HOUSE ADMINISTRATION - An Act to Amend Title 11 of the Delaware Code and the Charter of the City of Newark Relating to the Alderman’s Court. (2/3 bill)
HB 411 - MULROONEY & SENATOR MARSHALL - POLICY ANALYSIS & GOVERNMENT ACCOUNTABILITY - An Act to Amend Title 24 of the Delaware Code Relating to the Board of Electrical Examiners Regarding Inspections.
HB 412 - B. SHORT & REPRESENTATIVE M. SMITH & REPRESENTATIVE WALKER & SENATOR TOWNSEND - ECONOMIC DEVELOPMENT/BANKING/
INSURANCE & COMMERCE - An Act to Amend Titles 12 and 25 of the Delaware Code Relating to Fiduciary Relations and Property.
HB 413 - MITCHELL & SENATOR ENNIS; REPRESENTATIVES BRIGGS KING, KEELEY - PUBLIC SAFETY & HOMELAND SECURITY - An Act to Amend Title 11 of the Delaware Code Relating to Fines, Costs, Penalties and Forfeitures.
HA 1 to HS 1 for HB 319 - BAUMBACH - Placed with the Bill.
HA 2 to HB 331 - OSIENSKI - Placed with the Bill.
HA 1 to HB 374 - HEFFERNAN - Placed with the Bill.
HA 2 to HB 377 - SPIEGELMAN - Placed with the Bill.
HJR 15 - SPIEGELMAN & SENATOR BUSHWELLER; REPRESENTATIVES D. SHORT, HUDSON, BRIGGS KING, DUKES, GRAY, KENTON, WILSON, ATKINS, BAUMBACH, BRADY, JAQUES, J. JOHNSON, KEELEY, KOWALKO, LONGHURST, PARADEE, M. SMITH, VIOLA, BOLDEN ; SENATORS CLOUTIER, HOCKER, LAVELLE, PETTYJOHN - HEALTH & HUMAN DEVELOPMENT - Recognizing July 4th, 2014 as the 75th Anniversary of Lou Gehrig Retiring from Baseball and Highlighting Awareness of Lou Gehrig’s Disease in the State of Delaware.
SB 227 - SIMPSON & REPRESENTATIVE KENTON; SENATORS BONINI, VENABLES; REPRESENTATIVES PETERMAN, SCHWARTZKOPF, WILSON - HOUSE ADMINISTRATION - An Act to Authorize and Approve the Transfer of Certain Real Property in the City of Milford to the City of Milford.
SB 247 w/SA 1 - HALL-LONG & SENATOR SOKOLA & REPRESENTATIVE WALKER; SENATORS ENNIS, HOCKER, LOPEZ; REPRESENTATIVES BRIGGS KING, JAQUES, MITCHELL, B. SHORT, M. SMITH, WILSON - EDUCATION - An Act to Amend Title 14 of the Delaware Code Relating to Educator Licensure, Certification, and Preparation Programs.
HA 1 to SB 229 - LONGHURST - Placed with the Bill.
Representatives D.E. Williams, Hudson & D. Short requested that they be marked present.
The Reading Clerk read the following communication into the record:
June 16, 2014
LEGISLATIVE ADVISORY #35
Governor Jack A. Markell signed the following legislation on the date indicated: 6/12/14 - HB 241, SB 178 aab SA 1, SB 20 aab SA 1 & HB 266.
The House observed a moment of silence in memory of Ethel Linda Payne at the request of Representative Longhurst. Representative Jaques made an announcement. Representative Longhurst made announcements and comments.
Representative Longhurst deferred to Representative Baumbach.
Representative Baumbach requested and was granted privilege of the floor to introduce Phoebe Lucas, Youth Governor, 2014 Youth in Government, who addressed the House.
Representative Baumbach introduced guests. Representatives Scott, Heffernan, Miro &
Q. Johnson requested that they be marked present.
The Chief Clerk read the following committee report into the record:
EDUCATION: SB 229 w/SA 2 & SA 3 - 10M; SB 218 w/SA 1 - 10M; SB 234 w/SA 1 - 10M; SS 1 for SB 210 w/SA 1 - 10M.
Representative Longhurst deferred to Representative Dukes. Representative Dukes requested and was granted privilege of the floor for to present a House Tribute to the State Championship Laurel High School Softball Team. Coach Jodi Green addressed the House. Representatives Smyk & Longhurst made comments. The players announced their names, grades and positions for the record. Representative Potter requested and was granted personal privilege of the floor to introduce a guest. Representative M. Smith requested that she be marked present. Representative M. Smith requested and was granted personal privilege of the floor to introduce a guest. Representative Keeley requested that she be marked present. Representative Longhurst deferred to Representative Keeley. Representative Keeley introduced Cub Scouts representing St. Elizabeth’s Church. Representative Keeley deferred to Representative Brady. Representatives Brady & Keeley made comments.
The Majority Leader moved to recess for caucus at 2:28 p.m.
The House reconvened at 5:12 p.m.
Mr. Speaker Schwartzkopf assigned HB 341 to the Appropriations Committee.
Representatives K. Williams, Mulrooney & Bennett requested that they be marked present.
The Reading Clerk read the following communications into the record:
The Senate wishes to inform the House that it has passed SB 235 w/SA 1, SB 238 &
SB 186 w/SA 1 and requests the concurrence of the House.
Representative Longhurst deferred to Representative J. Johnson.
Representative J. Johnson introduced and brought HA 1 to SB 234. HA 1 to SB 234 was placed with the Bill.
Representative Longhurst introduced HB 414, jointly sponsored by Representative Schwartzkopf & Representative Viola & Representative M. Smith & Representative D. Short & Representative Hudson & Senator Blevins & Senator McBride & Senstor Henry & Senator McDowell & Senator Simpson & Senator Lavelle.
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.
Mr. Speaker Schwartzkopf assigned HB 414 to the House Administration Committee.
Representative Longhurst made an announcement.
Representative Longhurst deferred to Representative Carson.
Representative Carson moved to suspend the rules which interfere with action on
HB 336. The motion was seconded by Representative Jaques and adopted by voice vote.
Representative Carson brought HB 336, jointly sponsored by Senator McDowell & Representative D.E. Williams & Senator Ennis & Representatives Keeley & Longhurst & Senator Lawson, before the House for consideration.
HB 336 - AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO SUPPLEMENTAL INSURANCE BENEFITS. (F/N)
Representative Carson brought HA 1 to HB 336 before the House for consideration.
Representative Carson deferred to Representative D. Short. Representatives D. Short & Carson made comments. HA 1 was adopted by voice vote. Representative Carson requested that HA 2 to HB 336 be stricken. Representative Carson brought HA 3 to HB 336 before the House for consideration. HA 3 was adopted by voice vote. Representative Carson introduced and brought HA 4 to HB 336 before the House for consideration. Representatives Carson & D. Short made comments. Representative Carson moved to place HB 336 w/HA 1 & HA 3 - HA 4 on the Speaker's Table. The motion was seconded by Representative J. Johnson and adopted by voice vote.
Representative Longhurst deferred to Representative Keeley.
Representative Keeley moved to suspend the rules which interfere with action on HS 1 for HB 212. The motion was seconded by Representative Jaques and adopted by voice vote.
Representative Keeley brought HS 1 for HB 212, jointly sponsored by Representative Smyk & Senator McBride & Representatives Bolden, Mitchell, Ramone, D. Short, M. Smith, Walker, K. Williams & Wilson & Senators Hocker, Lawson, Lopez, Peterson, Pettyjohn, Simpson & Venables & cosponsored by Representatives Blakey, Briggs King, Dukes, Gray, Kenton, Miro, Outten, Peterman, Spiegelman & cosponsored by Representatives J. Johnson & Hudson, before the House for consideration.
HS 1 for HB 212 - AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO DRIVER’S LICENSES, DRIVING UNDER THE INFLUENCE AND IGNITION INTERLOCK DEVICE REQUIREMENTS. (F/N)
Representative Keeley introduced and brought HA 1 to HS 1 for HB 212 before the House for consideration. Representatives Keeley & Smyk made comments. HA 1 was adopted by voice vote. Representative Keeley made comments.
The roll call on HS 1 for HB 212 w/HA 1 was taken and revealed:
YES: 41.
Therefore, having received a constitutional majority, HS 1 for HB 212 w/HA 1 was sent to the Senate for concurrence.
Representative Atkins requested that he be marked present during the roll call.
Representative Longhurst deferred to Representative Heffernan.
Representative Heffernan brought HB 367, jointly sponsored by Senator McBride & Representatives Barbieri, Hudson, J. Johnson, B. Short, M. Smith, Viola & Wilson & Senator Sokola, before the House for consideration.
HB 367 - AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO UNDERGROUND STORAGE TANKS.
Representative Heffernan introduced and brought HA 1 to HB 367 before the House for consideration. Representative Heffernan made comments. HA 1 was adopted by voice vote.
Representative Heffernan made comments.
The roll call on HB 367 w/HA 1 was taken and revealed:
YES: 40.
ABSENT: Representative Q. Johnson - 1.
Therefore, having received a constitutional majority, HB 367 w/HA 1 was sent to the Senate for concurrence.
Representative Longhurst deferred to Representative Heffernan.
Representative Heffernan brought HB 368, jointly sponsored by Senator McBride & Representatives Atkins, Carson, J. Johnson, Miro, Mulrooney & Wilson & Senators Bushweller, Ennis, Hocker & Venables, before the House for consideration.
HB 368 - AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO ABOVEGROUND STORAGE TANKS.
Representative Heffernan made comments.
The roll call on HB 368 was taken and revealed:
YES: 40.
ABSENT: Representative Q. Johnson - 1.
Therefore, having received a constitutional majority, HB 368 was sent to the Senate for concurrence.
Representative Longhurst deferred to Representative Heffernan.
Representative Heffernan brought HB 374, jointly sponsored by Senator McBride, before the House for consideration.
HB 374 - AN ACT TO AMEND TITLE 7 OF THE DELAWARE CODE RELATING TO THE TITLE V OPERATING PERMIT PROGRAM. (3/5 bill)
Representative Heffernan brought HA 1 to HB 374 before the House for consideration.
Representative Heffernan made comments. HA 1 was adopted by voice vote. Representative Heffernan introduced and brought HA 2 to HB 374 before the House for consideration.
Representative Heffernan made comments. HA 2 was adopted by voice vote. Representative Heffernan made comments.
The roll call on HB 374 w/HA 1 & HA 2 was taken and revealed:
YES: 40.
ABSENT: Representative Q. Johnson - 1.
Therefore, having received a constitutional majority of at least three-fifths Members of the House, HB 374 w/HA 1 & HA 2 was sent to the Senate for concurrence.
Representative Longhurst deferred to Representative B. Short.
Representative B. Short brought HB 379, jointly sponsored by Senator Bushweller & Representatives Briggs King, Paradee, D. Short & Wilson, before the House for consideration.
HB 379 - AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO THE LICENSING AND REGULATION OF LIMITED LINES TRAVEL INSURANCE PRODUCERS. (3/5 bill)
Representative B. Short introduced and brought HA 1 to HB 379 before the House for consideration. Representative B. Short made comments. HA 1 was adopted by voice vote. Representative B. Short made comments. Representative Potter announced that he will not be voting on HB 379 w/HA 1 because of a possible conflict of interest.
The roll call on HB 379 w/HA 1 was taken and revealed:
YES: 39.
NOT VOTING: Representative Potter - 1.
ABSENT: Representative Q. Johnson - 1.
Therefore, having received a constitutional majority of at least three-fifths Members of the House, HB 379 w/HA 1 was sent to the Senate for concurrence.
Representative Longhurst deferred to Representative M. Smith.
Representative M. Smith introduced and brought HCR 64, jointly sponsored by Senator Sokola & Representatives Baumbach, Dukes, Hudson, Kenton, Longhurst, Miro, Paradee, Ramone & D. Short & Senators Ennis, Hall-Long, Hocker & Lopez, before the House for consideration.
HCR 64 - ESTABLISHING A STATE TASK FORCE TO EXPAND EDUCATIONAL OPTIONS FOR VERY YOUNG CHILDREN WITH DISABILITIES.
Mr. Speaker Schwartzkopf assigned HCR 64 to the Education Committee.
Mr. Speaker Schwartzkopf reassigned HB 407 to the House Administration Committee.
Mr. Speaker Schwartzkopf made an announcement.
Representative Longhurst introduced HB 415, jointly sponsored by Representative Schwartzkopf & Representative Viola & Representative Paradee & Representative Keeley & Senator Blevins & Representatives Atkins, Brady, Briggs King, Dukes, Hudson, Jaques, Kenton, Outten, D. Short, M. Smith, Smyk, K. Williams & Wilson & Senators Hocker & Lavelle.
HB 415 - AN ACT TO AMEND CHAPTER 130, VOLUME 67 OF THE LAWS OF DELAWARE RELATING TO TRUTH IN SENTENCING.
Mr. Speaker Schwartzkopf assigned HB 415 to the Public Safety & Homeland Security Committee. Representative Mitchell made an announcement.
Representative Longhurst deferred to Representative Jaques.
Representative Jaques brought HB 324, jointly sponsored by Senator Ennis & Senator McBride & Representatives Bolden, Brady, Hudson, Paradee, D. Short, M. Smith & Spiegelman & Senators Hocker, Peterson & Sokola, before the House for consideration.
HB 324 - AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO MOTOR VEHICLES PROVIDING FOR SPECIAL LICENSE PLATES IN HONOR OF DELAWARE VETERANS WITH FUNDS BEING PROVIDED TO THE STATE OF DELAWARE VETERANS TRUST FUND. (3/5 bill)
Representatives Jaques & Spiegelman made comments.
The roll call on HB 324 was taken and revealed:
YES: 41.
Therefore, having received a constitutional majority of at least three-fifths Members of the House, HB 324 was sent to the Senate for concurrence.
Representative Jaques made comments regarding HB 324.
Representative Longhurst deferred to Representative Carson.
Representative Carson moved to lift HB 336 w/HA 1 & HA 3 - HA 4 from the Speaker's Table. The motion was seconded by Representative J. Johnson and adopted by voice vote.
Representative Carson brought HB 336 w/HA 1 & HA 3 - HA 4, jointly sponsored by Senator McDowell & & Representative D.E. Williams & Senator Ennis & Representatives Keeley & Longhurst & Senator Lawson, before the House for consideration.
HB 336 - AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO SUPPLEMENTAL INSURANCE BENEFITS. (F/N)
Representative Carson requested that HA 4 to HB 336 be stricken. Representative Carson introduced and brought HA 5 to HB 336 before the House for consideration. Representative Carson made comments. HA 5 was adopted by voice vote. Representative Carson made comments.
The roll call on HB 336 w/HA 1, HA 3 & HA 5 was taken and revealed:
YES: 41.
Therefore, having received a constitutional majority, HB 336 w/HA 1, HA 3 & HA 5 was sent to the Senate for concurrence.
Representative Longhurst deferred to Representative Scott.
Representative Scott brought HB 334, jointly sponsored by Senator Sokola & Representative Heffernan, before the House for consideration.
HB 334 - AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATED TO EDUCATION.
Representatives Scott, Miro, Kowalko & Briggs King made comments.
The roll call on HB 334 was taken and revealed:
YES: 30.
NO: Representatives Baumbach, Bennett, Bolden, J. Johnson, Keeley, Kowalko, Mulrooney, Potter & K. Williams - 9.
ABSENT: Representatives Briggs King & Q. Johnson - 2.
Therefore, having received a constitutional majority, HB 334 was sent to the Senate for concurrence.
Representative Longhurst deferred to Representative Osienski.
Representative Osienski brought HB 332, jointly sponsored by Senator Marshall & Representatives Baumbach, Brady, Keeley, Kowalko, Mitchell, K. Williams & Wilson & Senators Bushweller, Peterson & Venables, before the House for consideration.
HB 332 - AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE MERIT SYSTEM OF PERSONNEL ADMINISTRATION.
Representative Osienski brought HA 1 to HB 332 before the House for consideration.
Representative Osienski made comments. HA 1 was adopted by voice vote. Representative Osienski made comments.
The roll call on HB 332 w/HA 1 was taken and revealed:
YES: 39.
ABSENT: Representatives Q. Johnson & Peterman - 2.
Therefore, having received a constitutional majority, HB 332 w/HA 1 was sent to the Senate for concurrence.
Representative Longhurst deferred to Representative Dukes.
Representative Dukes brought HB 314, jointly sponsored by Senator Venables, before the House for consideration.
HB 314 - AN ACT TO AMEND THE CHARTER OF THE TOWN OF BETHEL RELATING TO VACANCIES AND MEETINGS OF TOWN COUNCIL. (2/3 bill)
Representative Dukes made comments.
The roll call on HB 314 was taken and revealed:
YES: 38.
ABSENT: Representatives Atkins, Q. Johnson & Peterman - 3.
Therefore, having received a constitutional majority of at least two-thirds Members of the House, HB 314 was sent to the Senate for concurrence.
Representative Longhurst deferred to Representative Barbieri.
Representative Barbieri introduced HA 1 to HB 344. HA 1 to HB 344 was placed with the Bill.
Representative Longhurst deferred to Representative Barbieri.
Representative Barbieri introduced HA 1 to HB 346. Mr. Speaker Schwartzkopf made announcements. HA 1 to HB 346 was placed with the Bill.
Mr. Speaker Schwartzkopf made comments.
Representative Longhurst deferred to Representative Jaques.
Representative Jaques introduced HA 1 to HB 347. HA 1 to HB 347 was placed with the Bill.
The House observed a moment of silence in memory of Kenneth Sutton, III (RET) SGT, Delaware State Police, at the request of Representative Briggs King.
The Majority Leader moved to recess to the call of the Chair at 6:30 p.m.
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