Journal View
House
Journal Document
Date:
4/10/2014
Session:
S2
Legislative Day:
19
Mr. Speaker Schwartzkopf called the House to order at 2:04 p.m. on April 10, 2014.
Representative Heffernan requested that she be marked present for the current Legislative Day.
The Chief Clerk read the following committee reports into the record:
JUDICIARY:
SB 177
- 6F,2M;
HB 290
- 9F.
TRANSPORTATION/LAND USE AND INFRASTRUCTURE:
SB 159 w/SA 1
- 6M.
HOUSE ADMINISTRATION:
SS 1 for SB 28
- 2F,3M;
HB 191
- 3M;
HB 300
- 5M;
HB 301
- 5M.
ECONOMIC DEVELOPMENT/BANKING/INSURANCE & COMMERCE:
HB 257
- 2F,6M.
Representative M. Smith requested that she be marked present for the current Legislative Day.
The Reading Clerk read the following communications into the record:
The Senate wishes to inform the House that it has passed
SB 172
,
SB 173
&
SS 1 to SB 118
and requests the concurrence of the House.
WITHDRAWAL OF SPONSORSHIP REQUEST
I, Senator Pettyjohn, do hereby request that my name be removed as co-sponsor of
House Substitute 1 for HB 115
.
Date: 4/9/14 Signed: Brian Pettyjohn
April 9, 2014
LEGISLATIVE ADVISORY #27
Governor Jack A. Markell signed the following legislation on the date indicated: 4/8/14 -
HB 233
,
SB 99
,
SB 154
,
SB 43 aab SA 1
&
SB 136 aab SA 2
.
The Majority Leader moved to adjourn at 2:07 p.m., thereby ending the current legislative day. The House reconvened at 2:08 p.m.
19th LEGISLATIVE DAY - 147th GENERAL ASSEMBLY - Second Session
April 10, 2014
The Chief Clerk called the roll.
Members Present: 39.
Members Absent: Representatives Mitchell & Peterman - 2.
A prayer was offered by Representative Jeffrey N. Spiegelman, Eleventh 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 297
- D.E. WILLIAMS & SENATOR PETERSON; REPRESENTATIVES BRIGGS KING, J. JOHNSON, Q. JOHNSON, POTTER - HOUSING & COMMUNITY AFFAIRS - An Act to Amend Title 9 of the Delaware Code Relating to Dogs.
HB 298
- MIRO & SENATOR SOKOLA; REPRESENTATIVE D. SHORT - PUBLIC SAFETY & HOMELAND SECURITY - An Act to Amend 21 of the Delaware Code Relating to Rules of the Road.
HB 299
- Q. JOHNSON & SENATOR ENNIS; REPRESENTATIVES BAUMBACH, BENNETT, MULROONEY, PARADEE, RAMONE, B. SHORT, WALKER; SENATORS POORE, SOKOLA - ECONOMIC DEVELOPMENT/BANKING/INSURANCE & COMMERCE - An Act to Amend Title 4 of the Delaware Code Relating to Alcoholic Liquors and Movie Theaters. (3/5 bill)
HB 305
- SCOTT & SENATOR SOKOLA; REPRESENTATIVES BAUMBACH, BRADY, HEFFERNAN, KEELEY, KOWALKO, LONGHURST; SENATOR TOWNSEND - HOUSE ADMINISTRATION - An Act to Amend Title 29 of the Delaware Code Relating to Mandatory Disclosure of Lobbyist Compensation, Establishment of Lobbyist Registration Fees, and Cancellation of Lobbyist Registration for Failure to Pay Registration Fees. (3/5 bill)
HB 307
- BAUMBACH & SENATOR TOWNSEND; REPRESENTATIVES KEELY, KOWALKO - HOUSE ADMINISTRATION - An Act to Amend Title 15 and Title 29 of the Delaware Code Relating to Financial Disclosure.
HA 1 to HB 256
- HEFFERNAN - Placed with the Bill.
SS 1 for SB 118
- POORE - HEALTH & HUMAN DEVELOPMENT - An Act to Amend Title 24 of the Delaware Code Relating to Pharmacists.
SB 172
- LOPEZ & REPRESENTATIVE SCHWARTZKOPF; REPRESENTATIVE LONGHURST - HOUSE ADMINISTRATION - An Act to Amend the Charter of the Town of Henlopen Acres Relating to Town Officials. (2/3 bill)
SB 173
- LOPEZ & REPRESENTATIVE SCHWARTZKOPF; REPRESENTATIVE LONGHURST - An Act to Amend the Charter of the Town of Henlopen Acres Relating to the Qualifications of Mayor, Commissioners, and Voters. (2/3 bill)
SB 174
- ENNIS & REPRESENTATIVE J. JOHNSON & REPRESENTATIVE SMYK; SENATORS BUSHWELLER, LOPEZ; REPRESENTATIVES BRADY, CARSON, DUKES, HEFFERNAN, MIRO, MITCHELL, SPIEGELMAN, WILSON - CORRECTIONS - An Act to Amend Title 11 of the Delaware Code Relating to Prison Contraband.
SB 178 w/SA 1
- PETERSON & REPRESENTATIVE CARSON; SENATORS LOPEZ, SOKOLA, TOWNSEND; REPRESENTATIVES BRIGGS KING, JAQUES, PARADEE - PUBLIC SAFETY & HOMELAND SECURITY - 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.
SB 180
- BLEVINS & SENATOR PETERSON & REPRESENTATIVE K. WILLIAMS - PUBLIC SAFETY & HOMELAND SECURITY - An Act to Amend Title 21 of the Delaware Code Relating to Motor Vehicle Speed Enforcement and Arrest.
SJR 4
- MARSHALL & REPRESENTATIVE MULROONEY & SENATOR BONINI & REPRESENTATIVES BOLDEN, RAMONE, D.E. WILLIAMS - LABOR - Directing that All Business Licensing Requirements and Fees be Administered Through a Single Portal.
SJR 7
- MARSHALL & REPRESENTATIVE MULROONEY & SENATOR BONINI & REPRESENTATIVES BOLDEN, RAMONE, D.E. WILLIAMS - LABOR - Requesting that Delaware Economic Development Office and Delaware Department of Natural Resources and Environmental Control Examine Issues and Opportunities Related to a Natural Gas Pipeline Extension from New Castle County into Kent and Sussex Counties.
SJR 8
- MARSHALL & REPRESENTATIVE MULROONEY & SENATOR BONINI & REPRESENTATIVES BOLDEN, RAMONE, D.E. WILLIAMS - LABOR - Directing the Executive to Examine Overlapping or Unnecessary Regulations Across Cabinet Departments and Recommend to the General Assembly Legislation Necessary to Address these Regulations.
Representative Q. Johnson requested that he be marked present.
The Reading Clerk read the following communication into the record:
April 10, 2014
Dear Speaker Schwartzkopf,
I regret to inform you that due to personal business I will not be present today, April 10, 2014.
Thank you for your understanding.
Sincerely,
John L. Mitchell, Jr.
State Representative
13
th
District
Representative Longhurst deferred to Representative M. Smith. Representative M. Smith made comments and an announcement. Representative Longhurst made comments.
Representative Longhurst deferred to Representative Blakey.
Representative Blakey introduced and brought
HCR 47
, jointly sponsored by Representative Scott on behalf of All Representatives & Senator Bushweller on behalf of All Senators, before the House for consideration.
HCR 47
- COMMENDING DELAWARE STATE UNIVERSITY FOR BEING
NAMED AS THE TOP 1890 LAND-GRANT UNIVERSITY OF THE YEAR.
WHEREAS, the Association of Public and Land-Grant Universities (APLU) has named Delaware State University (DSU) as the 1890 Land-Grant Institution of the Year, and also presented DSU with the 1890 Land-Grant Research Award; and
WHEREAS, the University received the awards during the 126
th
APLU Annual Meeting on November 11
th
in Washington, D.C., during which the organization held its inaugural 1890 Land-Grant Universities Teaching, Research, and Innovation Awards ceremony; and
WHEREAS, the 14 award categories included: retention, degree completion, agriculture degree completion, education degree completion, STEM degree completion, intellectual property, innovation, research, international research, experiential student learning, international students, international student development, alumni engagement, and exemplary alumni; and
WHEREAS, the Land-Grant University of the Year Award was given for the best overall performance in each category from 2011-2013. DSU scored the highest of all 1890 Land-Grant institutions for being the only university in the top 3 in 9 out of the 14 categories; and
WHEREAS, the 9 categories were: retention, degree completion, agriculture degree completion, education degree completion, research dollars, undergraduate research, international students, international student development (study abroad); and alumni engagement; and
WHEREAS, the 1890 Land-Grant University of the Year Award is reflective of the growing mindset that DSU is striving to be the best;
NOW, THEREFORE:
BE IT RESOLVED by the House of Representatives of the 147
th
General Assembly of the State of Delaware, the Senate concurring therein, that Delaware State University is hereby highly commended as it celebrates this milestone achievement.
BE IT FURTHER RESOLVED that we applaud DSU for continually striving to be the best of the best in providing a first class education for all who “Enter to Learn and Go Forth to Serve” by producing world renown research and continuing to provide a highly structure educationally-based platform from which to exemplify the institution’s march toward “Making Its Mark on the World”.
BE IT FURTHER RESOLVED that a suitably prepared copy of this Resolution be presented to the President of Delaware State University.
Representative Blakey made comments.
HCR 47
was adopted by voice vote and was sent to the Senate for concurrence.
Representative Blakey made comments. Representative Blakey requested and was granted privilege of the floor for himself and Dr. Harry L.Williams, President, Delaware State University. Representative Blakey addressed the House. Dr. Williams addressed the House and presented a key to Delaware State University to Representative Darryl M. Scott. Dr. Williams introduced guests, addressed the House and made an announcement. Mr. Speaker Schwartzkopf invited Dr. Williams to join him on the podium. Representative Ramone made an announcement. Representative J. Johnson made a comment. The Delaware State University Choir, under the direction of Dr. Lloyd Mallory, Jr., performed two selections. Representative Carson made a comment. The choir performed an encore selection. Representatives Longhurst, B. Short &
J. Johnson made comments. Mr. Speaker Schwartzkopf addressed Dr. Mallory and the choir. The choir members stated their names, hometowns, years in college and courses of study for the record.
Representative Longhurst deferred to Representative Bolden.
Representative Bolden introduced and brought
HR 29
, sponsored by on behalf of All Representatives, before the House for consideration.
HR 29
- RECOGNIZING APRIL 10, 2014, AS "AKA DAY AT THE DELAWARE
CAPITAL".
HR 29
was adopted by voice vote.
Representative Bolden made comments and introduced guests. Representative Briggs King requested and was granted personal privilege of the floor to make comments. Representative Baumbach requested that he be marked present.
The Majority Leader moved to recess for caucus at 2:50 p.m.
The House reconvened at 4:27 p.m.
The Reading Clerk read the following communications into the record:
The Senate wishes to inform the House that it has passed
HB 265 2/HA 1
& HA 3
,
HB 214 w/HA 1
,
HCR 43
,
HCR 44
,
HCR 46
&
HCR 47
and is returning the same to the House.
Representatives Mulrooney & Hudson requested that they be marked present. Mr.
Speaker Schwartzkopf reassigned
HB 287
to the Labor Committee.
Representative Longhurst brought
Consent Agenda A
which requires a two-thirds vote, before the House for consideration.
HB 274
- ATKINS & SENTOR HOCKER - An Act to Amend the Charter of the Town of Frankford Relating to Employee Benefits. (2/3 bill)
HB 275
- ATKINS & SENATOR HOCKER - An Act to Amend the Charter of the Town of Frankford Relating to Annexation. (2/3 bill)
SB 158
- SIMPSON & REPRESENTATIVE WILSON - An Act to Amend the Charter of the Town of Greenwood. (2/3 bill)
The roll call on
Consent Agenda A
was taken and revealed:
YES: 38.
ABSENT: Representatives Mitchell, Peterman & Walker - 3.
Therefore, having received a constitutional majority of at least two-thirds Members of the
House,
HB 274
&
HB 275
were sent to the Senate for concurrence and
SB 158
was returned to the Senate.
Representative Longhurst deferred to Representative Spiegelman. Representative Spiegelman introduced guests.
Representative Longhurst deferred to Representative Miro.
Representative Miro introduced and brought
HR 28
, jointly sponsored by Representatives D. Short, Gray, Hudson, Blakey, Briggs King, Dukes, Kenton, Outten, Ramone, Smyk, Spiegelman, Wilson, Baumbach, Jaques & Osienski, before the House for consideration.
HR 28
- RECOGNIZING APRIL 2014 AS DISTRACTED DRIVING AWARENESS
AND ENFORCEMENT MONTH.
Representative Miro made comments.
HR 28
was adopted by voice vote.
Representative Longhurst deferred to Representative Jaques.
Representative Jaques introduced
HB 296
, jointly sponsored by Senator Ennis & Senator Bushweller & Representatives Baumbach, Bolden, Brady, Carson, Heffernan, Kenton, Osienski. Paradee, Potter, Ramone, B. Short, M. Smith, Smyk, Spiegelman, D.E. Williams, K. Williams & Wilson & Senators Henry, Hocker, McBride & Sokola.
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. Mr. Speaker Schwartzkopf assigned
HB 296
to the Veterans Affairs Committee.
Representative Longhurst deferred to Representative D. Short.
Representative D. Short brought
HB 56 w/SA 3
, jointly sponsored by Representative Brady & Senator Venables & Representatives Briggs King, Kenton, Miro, Carson, Jaques,
Q. Johnson, Keeley, Mitchell & B. Short & Senators Hocker & Lopez, before the House for concurrence on
SA 3
.
HB 56
- AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING
TO AUTOMOBILE INSURANCE, VEHICLE DATA-REPORTING DEVICE, AND UNAUTHORIZED USE, RELEASE, OR DISCLOSURE OF DATA.
Representative D. Short made comments.
The roll call on
HB 56 w/SA 3
was taken and revealed:
YES: 38.
ABSENT: Representatives Mitchell, Peterman & Walker - 3.
Therefore, having received a constitutional majority,
HB 56 w/SA 3
was sent to the
Senate for concurrence.
Representative Longhurst deferred to Representative Dukes.
Representative Dukes brought
HB 222
, jointly sponsored by Senator Venables & Representatives Carson, Potter & Wilson, before the House for consideration.
HB 222
- AN ACT TO AMEND THE CHARTER OF THE TOWN OF BETHEL
RELATING TO POLICE.
Representative Dukes brought
HA 1 to HB 222
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 222 w/HA 1
was taken and revealed:
YES: 38.
ABSENT: Representatives Mitchell, Peterman & Walker - 3.
Therefore, having received a constitutional majority,
HB 222 w/HA 1
was sent to the Senate for concurrence.
Representative Longhurst deferred to Representative Potter.
Representative Potter brought
HB 269
, jointly sponsored by Senator Henry & Representatives Baumbach, J. Johnson, Keeley, Longhurst, Mulrooney, Paradee, D.E. Williams & Wilson & cosponsored by Representatives Bolden, Gray, Q. Johnson, Ramone & Spiegelman, before the House for consideration.
HB 269
- AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO OCCUPATIONAL AND BUSINESS LICENSES.
Representatives D. Short, Keeley, Atkins, Potter, Scott, Bennett, Baumbach, D.E. Williams, Spiegelman, Mulrooney, Potter, J. Johnson, Brady, Ramone, Smyk & Bolden made comments.
The roll call on
HB 269
was taken and revealed:
YES: 38.
ABSENT: Representatives Mitchell, Peterman & Walker - 3.
Therefore, having received a constitutional majority,
HB 269
was sent to the Senate for
concurrence.
The Reading Clerk read the following communications into the record:
April 10, 2014
LEGISLATIVE ADVISORY #28
Governor Jack A. Markell signed the following legislation on the date indicated: 4/10/2014 -
HB 122 aab HA 1, HA 2 & SA 2
,
HB 134
&
HJR 14
.
Representative Longhurst deferred to Representative Scott.
Representative Scott brought
HB 289
, jointly sponsored by Representative Paradee & Senator McDowell & Representatives Bennett, Hudson & Ramone & Senator Bushweller, before the House for consideration.
HB 289
- AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING
TO ENHANCED 911 EMERGENCY REPORTING SYSTEM FUND. (3/5 bill) (F/I)
Representative Scott brought
HA 1 to HB 289
, jointly sponsored by Representative Paradee, before the House for consideration. Representatives Scott & Miro made comments.
HA 1
was adopted by voice vote.
The roll call on
HB 289 w/HA 1
was taken and revealed:
YES: 37.
ABSENT: Representatives Dukes, Mitchell, Peterman & Walker - 4.
Therefore, having received a constitutional majority of at least three-fifths Members of
the House,
HB 289 w/HA 1
was sent to the Senate for concurrence.
Representative Longhurst deferred to Representative Jaques.
Representative Jaques introduced
HB 302
, jointly sponsored by Senator Henry & Representatives Baumbach, Longhurst, Schwartzkopf, M. Smith, Viola & Walker & Senators Blevins, McBride & Townsend.
HB 302
- AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING
TO ELECTIONS.
Mr. Speaker Schwartzkopf assigned
HB 302
to the House Administration Committee.
Representative Jaques made comments regarding
HB 302
.
Representative Longhurst deferred to Representative M. Smith.
Representative M. Smith brought
HB 253
, jointly sponsored by Senator Blevins & Representatives Carson, Dukes, Hudson & Paradee & Senators Cloutier, Lopez & Poore, before the House for consideration.
HB 253
- AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING
TO SPECIAL LICENSE PLATES. (3/5 bill)
Representative M. Smith brought
HA 1 to HB 253
before the House for consideration.
Representative M. Smith made comments.
HA 1
was adopted by voice vote. Representative
M. Smith made comments.
The roll call on
HB 253 w/HA 1
was taken and revealed:
YES: 37.
ABSENT: Representatives Dukes, Mitchell, Peterman & Walker - 4.
Therefore, having received a constitutional majority of at least three-fifths Members of
the House,
HB 253 w/HA 1
was sent to the Senate for concurrence.
Representative Longhurst deferred to Representative Heffernan.
Representative Heffernan brought
HB 256
, 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
consideration.
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 1 to HB 256
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 256 w/HA 1
was taken and revealed:
YES: 37.
ABSENT: Representatives Dukes, Mitchell, Peterman & Walker - 4.
Therefore, having received a constitutional majority,
HB 256 w/HA 1
was sent to the
Senate for concurrence.
Representatives Ramone & Heffernan made comments regarding
HB 256 w/HA 1
.
Representative Longhurst deferred to Representative Jaques.
Representative Jaques brought
SB 81
, jointly sponsored by Senator Ennis, before the House for consideration.
SB 81
- AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING
TO THE DELAWARE HERITAGE COMMISSION.
Representative Jaques made comments.
The roll call on
SB 81
was taken and revealed:
YES: 37.
ABSENT: Representatives Dukes, Mitchell, Peterman & Walker - 4.
Therefore, having received a constitutional majority,
SB 81
was returned to the Senate.
Representative Longhurst deferred to Representative Hudson.
Representative Hudson brought
HB 241
, jointly sponsored by Representative Miro & Representative Ramone & Representative Barbieri & Representative Baumbach & Representative Heffernan & Senator Blevins & Representatives D. Short, Briggs King, Dukes, Gray, Outten, Wilson, Jaques, Kowalko, Paradee & K. Williams & Senators Hall-Long & Henry, before the House for consideration.
HB 241
- AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING
TO TOBACCO SUBSTITUTES. (2/3 bill)
Representative Hudson made comments.
The roll call on
HB 241
was taken and revealed:
YES: 36.
ABSENT: Representatives Dukes, Mitchell, Peterman, Scott & Walker - 5.
Therefore, having received a constitutional majority of at least two-thirds Members of the
House,
HB 241
was sent to the Senate for concurrence.
Representative Longhurst brought
HB 283
, jointly sponsored by Senator Lopez & Representatives Carson, Heffernan, J. Johnson, Keeley, Kenton, Mitchell, Outten, D. Short, Schwartzkopf, Smyk, Viola & Wilson & Senators Ennis & Townsend, before the House for consideration.
HB 283
- AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING
TO MOTOR VEHICLES.
Representative Longhurst brought
HA 1 to HB 283
, jointly sponsored by Representative Longhurst, before the House for consideration. Representative Longhurst made comments.
HA 1
was adopted by voice vote. Representatives Longhurst & Jaques made comments.
Mr. Speaker Schwartzkopf made comments. Representative Potter announced that he will not be voting on
HB 283 w/HA 1
because of a possible conflict of interest.
The roll call on
HB 283 w/HA 1
was taken and revealed:
YES: 36.
NOT VOTING: Representative Potter - 1.
ABSENT: Representatives Dukes, Mitchell, Peterman & Walker - 4.
Therefore, having received a constitutional majority of at least three-fifths Members of
the House,
HB 283 w/HA 1
was sent to the Senate for concurrence.
The Majority Leader moved to recess to the call of the Chair at 5:32 p.m.
Go to top