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HouseJournal Document
Date: 6/11/2014
Session: S2
Legislative Day: 33
Mr. Speaker Schwartzkopf called the House to order at 2:06 p.m. on June 11, 2014.
Representative Walker requested that she be marked present for the current Legislative Day.
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.

33rd LEGISLATIVE DAY - 147th GENERAL ASSEMBLY - Second Session
June 11, 2014
The Chief Clerk called the roll. The House observed a moment of silence in memory of former Representative Thomas E. Brady, Jr. at the request of Representative Brady.
A prayer was offered by Representative Gerald L. Brady, Fourth 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:
HS 1 for HB 231 - D.E. WILLIAMS & REPRESENTATIVE J. JOHNSON & SENATOR MARSHALL; REPRESENTATIVES BAUMBACH, BOLDEN, BRADY, BRIGGS KING, HEFFERNAN, LONGHURST, POTTER, RAMONE, VIOLA, WILSON; SENATORS BONINI, HENRY, POORE, TOWNSEND - HOUSE ADMINISTRATION - An Act to Amend Title 29 of the Delaware Code Relating to the Diamond State Port Corporation.
HB 398 - HUDSON & SENATOR PETERSON; REPRESENTATIVES D. SHORT, SPIEGELMAN, WILSON; SENATOR LOPEZ - TRANSPORTATION, LAND USE & INFRASTRUCTURE - An Act to Amend Title 17 of the Delaware Code to Enable Local Governments to Create Transportation Improvement Districts and Establish Fees for Traffic Studies for Such Districts.
HB 399 - GRAY & SENATOR SIMPSON; REPRESENTATIVES D. SHORT, HUDSON, BLAKEY, BRIGGS KING, DUKES, KENTON, MIRO, OUTTEN, PETERMAN, RAMONE, SMYK, SPIEGELMAN, WILSON; SENATORS BONINI, HOCKER, LAWSON, LOPEZ, PETTYJOHN, VENABLES - HOUSE ADMINISTRATION - An Act Proposing an Amendment to Article VIII of the Delaware Constitution Relating to Revenue and Taxation.
(2/3 bill)
HB 400 - BARBIERI & REPRESENTATIVE WALKER & SENATOR HENRY - HEALTH & HUMAN DEVELOPMENT - An Act to Amend Title 16 of the Delaware Code Relating to the Creation of Medical Orders for Scope of Treatment.
HA 1 to HB 332 - OSIENSKI - Placed with the Bill.
HA 1 to HB 377 - SPIEGELMAN - Placed with the Bill.
SB 229 w/SA 2 & SA 3 - POORE & SENATOR HALL-LONG & REPRESENTATIVE LONGHURST & REPRESENTATIVE Q. JOHNSON & REPRESENTATIVE RAMONE & REPRESENTATIVE M. SMITH; SENATORS BLEVINS, BONINI, BUSHWELLER, ENNIS, HENRY, LOPEZ, MARSHALL, MCBRIDE, MCDOWELL, PETERSON, PETTYJOHN, SOKOLA, TOWNSEND; REPRESENTATIVES SMYK, K. WILLIAMS - EDUCATION - An Act to Amend Title 14 of the Delaware Code Relating to the Education of Students with Disabilities.
The Reading Clerk read the following communication into the record:
June 11, 2014
LEGISLATIVE ADVISORY #34
Governor Jack A. Markell signed the following legislation on the date indicated: 6/10/14 - HB 204, HB 129 aab HA 1, HB 252, SS 1 to SB 28, HB 251, SB 172 & SB 173.
Representative Osienski requested that he be marked present.
The Reading Clerk read the following communications into the record:
HOUSE TRIBUTE ANNOUNCEMENT #87
DATE: June 11, 2014
The following Tributes and Memoriams have been issued through the Office of the Chief Clerk of the House at the request of the sponsor:
Number Sponsor Date Type Description
H147-1816 Miro 5/18/2014 T Mill Creek Fire Co. & Ladies Auxiliary -
cosponsors: Reps. K. Williams & New Fire & Emergency Services Facility
Ramone Dedication
H147-1817 Bolden 5/17/2014 T New Sweden Centre - Arrival of Antoni
Swart of the Kalmar Nyckel - 375th
Anniversary
H147-1818 Keeley 5/15/2014 T Saryu Chennat - First Place - Young
Playwrights Festival
H147-1819 Mitchell 5/15/2014 T Nikolas Hunter - Finalist - Young
Playwrights Festival
H147-1820 Keeley 5/15/2014 T Lily Kairis - Finalist - Young Playwrights
Festival
H147-1821 Keeley 5/15/2014 T Veronika Lynch - Finalist - Young
Playwrights Festival
H147-1822 Keeley 5/15/2014 T Darian Sorouri - Finalist - Young
Playwrights Festival
H147-1823 Keeley 5/15/2014 T Rebecca Oberschmidt - Finalist - Young
Playwrights Festival
H147-1824 Mulrooney 5/15/2014 T Sam Stewart - Finalist - Young Playwrights
Festival
H147-1825 Spiegelman 5/17/2014 M Daniel T. Kirk
H147-1826 Jaques 6/4/2014 T Ursula Dzik - Christ the Teacher School -
2014 Student Excellence & Leadership
Award
H147-1827 J. Johnson 5/17/2014 T Rachel Harley - 100th Birthday
H147-1828 Carson 5/16/2014 M John Lawrence Cereghin
H147-1829 Carson 5/16/2014 M Sharon D. Carrow
Spiegelman
H147-1830 Bolden 5/15/2014 M Angela Yvette Lawrence Goode
H147-1831 Outten 5/17/2014 M William Leroy Parker
H147-1832 Spiegelman; 5/18/2014 M Betty Ann DiAngelo
Carson
H147-1833 D. Short 5/16/2014 T Delmarva Teen Challenge - Community
cosponsors: Reps. Atkins, Dukes, Service Award - Positive Growth Alliance
Gray, Kenton, Briggs King & Peterman
H147-1834 D. Short 5/16/2014 T Seaford School District - Go Green Night!
H147-1835 Dukes; 5/17/2014 M Preston W. Elliott
Wilson
H147-1836 Outten 5/17/2014 M Patsy Ann Smith
H147-1837 Wilson 5/19/2014 M Kevin Willard Wilson, Sr.
H147-1838 Keeley; 5/14/2014 T Frauline Trotter - 84th Birthday
Bolden
H147-1839 Paradee 5/16/2014 M Glendon Michael Sammons
HOUSE TRIBUTE ANNOUNCEMENT #88
DATE: June 11, 2014
The following Tributes and Memoriams have been issued through the Office of the Chief Clerk of the House at the request of the sponsor:
Number Sponsor Date Type Description
H147-1840 Outten 5/16/2014 M John Lester Baynard
H147-1841 Dukes 6/9/2014 T Lenore Gregory - Retirement - Delmar
School District
H147-1842 Dukes 6/9/2014 T Samuel Horsey - Retirement - Delmar
School District
H147-1843 Dukes 6/9/2014 T Gene Kline - Retirement - Delmar School
District
H147-1844 Dukes 6/9/2014 T Jo Ann Larmore - Retirement - Delmar
School District
H147-1845 Smyk; 5/18/2014 T Hon. James L. Ford - Service to the City of
Schwartzkopf; Briggs King Lewes
H147-1846 Dukes 6/6/2014 T Susan Davis - Retirement - Laurel School
District
H147-1847 Outten; 6/6/2014 T Diane Dolan - Retirement - Laurel School
Dukes District
H147-1848 D. Short; 6/6/2014 T Yvette Bourne - Retirement - Laurel School
Dukes District
H147-1849 Wilson; 6/6/2014 T Jasper Thomas - Retirement - Laurel School
Dukes District
H147-1850 Dukes 6/6/2014 T Brenda Kelley - Retirement - Laurel School
District
H147-1851 D. Short; 6/6/2014 T Kermick Trammell - Retirement - Laurel
Dukes School District
H147-1852 Dukes; 6/6/2014 T Eisele Couch - Retirement - Laurel School
D. Short District
H147-1853 Atkins; 6/6/2014 T Phyllis Donovan - Retirement - Laurel
Dukes School District
H147-1854 Smyk; Dukes 6/6/2014 T Susan Fewell - Retirement - Laurel School
District
H147-1855 Dukes 6/6/2014 T Carol Lang - Retirement - Laurel School
District


H147-1856 Dukes 6/6/2014 T Michael Murray - Retirement - Laurel
School District
H147-1857 Dukes 6/6/2014 T Terry Small - Retirement - Laurel School
District
H147-1858 B. Short; 6/9/2014 T George Kosanovich - Retirement -
D.E. Williams Brandywine School District
H147-1859 K. Williams; 6/9/2014 T Deborah Corrado - Retirement - Brandywine
D.E. Williams School District
H147-1860 D.E. Williams 6/9/2014 T Ward Abrams - Retirement - Brandywine
School District
H147-1861 B. Short; 6/9/2014 T Kellianne Agnostinelli - Retirement -
D.E. Williams Brandywine School District
H147-1862 Jaques; 6/9/2014 T Anne Lambert - Retirement - Brandywine
D.E. Williams School District
H147-1863 K. Williams 5/23/2014 T Lt. John Cawman, Jr. - Retirement -
Delaware River & Bay Authority
T- Tribute
M - Memoriam
Representative Longhurst deferred to Representative J. Johnson.
Representative J. Johnson introduced and brought HCR 62, jointly sponsored by Representative Blakey & Representative Bolden & Representative Potter & Representative Scott on behalf of All Representatives & Senator Henry & Senator Sokola on behalf of All Senators, before the House for consideration.
HCR 62 - RECOGNIZING THE 60TH ANNIVERSARY OF THE OPINION OF THE SUPREME COURT OF THE UNITED STATES IN BROWN V. BOARD OF EDUCATION AND RECOGNIZING THE EFFORTS OF DELAWAREANS INVOLVED IN THE CONSOLIDATED CASES.
WHEREAS, the opinion of the Warren Court in the Brown v. Board of Education case was handed down 60 years ago this past May; and
WHEREAS, the unanimous ruling reversed a previous ruling in Plessy v. Ferguson and found that “separate but equal accommodations” were a violation of the 14th amendment and denied persons of color the equal protection of the laws of the United States; and
WHEREAS, the ruling found that "separate educational facilities are inherently unequal,” effectively beginning the end of racial segregation in our public schools; and
WHEREAS, the ruling’s impacts were even more broadly felt, instituting the principle that the Constitution forbids segregation on the basis of race in any instance; and
WHEREAS, two cases filed in Delaware and heard by the Delaware Supreme Court, Belton v. Gebhart and Bulah v. Gebhart were part of the package of cases examined in Brown, and were the only cases in which the state court held racial segregation was unconstitutional; and
WHEREAS, Louis L. Redding, the first African American member of the Delaware State Bar, argued the Gebhart cases before the Delaware courts, and was successful in winning a ruling in favor of integration; and
WHEREAS, Collins J. Seitz was presiding as the Chancellor of the Court of Chancery at the time the case was heard, and led his court in an opinion railing against the separate but equal principle and racial segregation; and
WHEREAS, Shirley Bulah and Ethel Louise Belton, both students forced to attend a school for African American students, were the plaintiff’s [sic] in the two Delaware cases; and
WHEREAS, an integrated society is one that fosters a greater sharing of cultures, ideas, and values, resulting in a richer community experience for all citizens; and
WHEREAS, we must continue to work towards ensuring that we provide the resources necessary to make sure that our schools are accommodating and effective for students of all backgrounds;
NOW, THEREFORE:
BE IT RESOLVED by the House of Representatives of the 147th General Assembly, the Senate concurring therein, that we do hereby recognize 2014 as the 60th anniversary of the announcement of the opinion in the case of Brown v. Board of Education, and commemorate the impact it has had on our society in those years.
BE IT FURTHER RESOLVED that the efforts of the Delawareans involved in the case be recognized commended by the Delaware General Assembly.
Representative J. Johnson made comments. Representative J. Johnson deferred to Representative Blakey. Representative Blakey made comments. Representative Blakey requested and was granted privilege of the floor for Rev. Homer W. Minus, D.D.S, who addressed the House. Representative Brady made comments. Representative Bolden requested that she be marked present and made comments. Representative B. Short requested that he be marked present and made comments. Representative Bolden made comments. Representatives M. Smith, Heffernan & Atkins requested that they be marked present. Representative Scott made comments.
HCR 62 was adopted by voice vote and was sent to the Senate for concurrence.
Representative Longhurst deferred to Representative Miro.
Representative Miro introduced and brought HR 37, sponsored on behalf of All Representatives, before the House for consideration.
HR 37 - A RESOLUTION TO REAFFIRM THE SISTER-STATE RELATIONSHIP BETWEEN THE STATE OF DELAWARE AND TAIWAN.
WHEREAS, Taiwan and the United States are long-standing friends with a shared historical relationship and dearly cherished values of freedom, democracy, and human rights; and
WHEREAS, 2014 marks the 14th anniversary of the sister-state relationship between Delaware and Taiwan; and
WHEREAS, for the past 13 years, the sister-state relationship with Taiwan has been strengthened through the efforts of the Taipei Economic and Cultural Representative Office (TECRO) resulting in better mutual understanding; and
WHEREAS, Taiwan is the world’s eighteenth-largest economy and one of the key trading partners of the United States, with the two-way trade volume between the United States and Taiwan reaching sixty-three billion in 2013;
HR 37 was adopted by voice vote.
Representatives Miro & Briggs King made comments regarding HR 37.
Representative Longhurst deferred to Representative Keeley. Representative Keeley made an announcement. Representative Longhurst deferred to Representative Atkins.
Representative Atkins requested and was granted personal privilege of the floor to introduce guests. Representative Dukes requested and was granted personal privilege of the floor to introduce a guest.
Representative Longhurst deferred to Representative Carson.
Representative Carson introduced and brought HCR 61, jointly sponsored by Senator Lawson & Representatives Atkins, Q. Johnson, Paradee, D. Short & Walker & Senators Ennis & Hocker, before the House for consideration.
HCR 61 - RECOGNIZING NOVEMBER 2014 AS "NATIVE AMERICAN HERITAGE MONTH" IN DELAWARE.
HCR 61 was adopted by voice vote and was sent to the Senate for concurrence.
Representative Carson requested and was granted privilege of the floor for himself and Representative D. Short. Native Americans representing various Delaware tribes entered the Chamber. Representative D. Short addressed the House. Representative Briggs King made comments. Mr. Speaker Schwartzkopf welcomed Senator David G. Lawson to the House Chamber. Representative Carson addressed the House. Representative Paradee made comments. The Native Americans and others danced a Native American dance around the Chamber led by Bruce “Little Drummer” Morris. Representative Carson addressed the House. Representative
D. Short made comments.
Representative Longhurst introduced a guest.
The Majority Leader moved to recess for committee meetings and to the call of the Chair at 2:54 p.m.
Pursuant to a procedure authorized by Speaker Peter C. Schwartzkopf, the following Member was marked present by the Chief Clerk after the House recessed at 2:54 p.m.: Representative Mulrooney.
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