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Date: 4/22/2010
Session: S2
Legislative Day: 21

Mr. Speaker Gilligan called the House to order at 2:02 p.m. on April 22, 2010.

Representatives B. Short, Lavelle, Carey, Manolakos & D.E. Williams requested that they be marked present for the current Legislative Day.

The Chief Clerk read the following committee reports into the record:

JUDICIARY: S

B 197

- 5F,2M;

SB 217

- 6F,2M.

PUBLIC SAFETY & HOMELAND SECURITY:

SB 200

- 3F,5M;

SB 224

- 2F,6M.

REVENUE & FINANCE:

HB 334

- 6F,1M.

HOUSING & COMMUNITY AFFAIRS:

HB 352

- 6F.

EDUCATION:

HB 345

- 7F,3M;

HB 347

- 6F,4M;

HB 35

- - 8M.

LABOR:

SB 222

- 1F,5M.

NATURAL RESOURCES:

HB 354

- 2F,8M;

HB 355

- 5M,3U.

The Reading Clerk read the following communications into the record:

The Senate wishes to inform the House that it has passed

SB 212 w/SA 1, SA 2 &

SA 3

SCR 29

and requests the concurrence of the House.

MEMORANDUM

TO: Representative Robert F. Gilligan

Speaker of the House

CC: Rich Puffer

Chief Clerk

FROM: Representative Darryl M. Scott

DATE: April 21, 2010

RE: Absence from session

I am unable to attend session tomorrow, April 22, 2010, as I have been called out of town on business.

The Majority Leader moved to adjourn at 2:05 p.m., thereby ending the current legislative day. The House reconvened at 2:06 p.m.

21st LEGISLATIVE DAY - 145th GENERAL ASSEMBLY - Second Session
April 22, 2010

The Chief Clerk called the roll.

Members Present: 40.

Members Absent: Representative Scott - 1.

A prayer was offered by Representative Gerald L. Brady, Fourth Representative District.

Mr. Speaker Gilligan invited Steve Zimmerman, Patrick Cullington & Joseph Rogers to join him in leading 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 376

- MITCHELL & SENATOR ENNIS; REPRESENTATIVES BENNETT, CARSON, MULROONEY, PLANT, VIOLA, WILSON; SENATORS HALL-LONG, MCDOWELL - PUBLIC SAFETY & HOMELAND SECURITY - An Act to Amend Title 16 of the Delaware Code Relating to Fire Prevention.

HB 377

- B. SHORT & REPRESENTATIVE BARBIERI & REPRESENTATIVE BENNETT & REPRESENTATIVE BRIGGS KING & REPRESENTATIVE HOCKER & REPRESENTATIVE Q. JOHNSON & REPRESENTATIVE KOVACH & REPRESENTATIVE RAMONE & REPRESENTATIVE D. SHORT & REPRESENTATIVE VIOLA & REPRESENTATIVE WALLS & REPRESENTATIVE WILSON & SENATOR KATZ; REPRESENTATIVES HUDSON, JAQUES, LAVELLE, MIRO - ECONOMIC DEVELOPMENT/BANKING/INSURANCE & COMMERCE - An Act to Amend Title 24 of the Delaware Code Relating to Licensure for Plumbing Contractors and Heating, Ventilation, Air Conditioning, and Refrigeration Contractors.

HB 380

- BENNETT & REPRESENTATIVE B. SHORT & SENATOR COOK; REPRESENTATIVES ATKINS, BARBIERI, BRADY, BRIGGS KING, CAREY, CARSON, CATHCART, GEORGE, GILLIGAN, HUDSON, Q. JOHNSON, KEELEY, KOVACH, KOWALKO, LEE, MITCHELL, OUTTEN, RAMONE, SCOTT,

D. SHORT, VIOLA, WALLS, D.E.WILLIAMS, D.P. WILLIAMS, WILSON; SENATORS DELUCA, HALL-LONG, KATZ, MCDOWELL, SIMPSON, SOKOLA, SORENSON - ECONOMIC DEVELOPMENT/BANKING/INSURANCE & COMMERCE - An Act to Amend Title 30 of the Delaware Code Relating to Economic Development Incentives.

HA 1 to HB 321

- CATHCART - Placed with the Bill

HA 1 to HA 1 to HB 350

- BRIGGS KING - Placed with the Bill.

SB 212 w/SA 1, 2 & 3

- ENNIS & REPRESENTATIVE MITCHELL; SENATORS BUSHWELLER, HALL-LONG, CONNOR, MCBRIDE; REPRESENTATIVES JAQUES, CATHCART - PUBLIC SAFETY & HOMELAND SECURITY - An Act to Amend Title 9 of the Delaware Code Relating to New Castle County.

Representative Schwartzkopf deferred to Representative Schooley.

Representative Schooley introduced guests

Mr. Speaker Gilligan introduced guests.

Representative Schwartzkopf deferred to Representative Longhurst.

Representative Longhurst requested and was granted personal privilege of the floor to introduce guests.

Representative Schwartzkopf deferred to Representative Miro.

Representative Miro requested and was granted personal privilege of the floor to introduce guests.

Representative Schwartzkopf deferred to Representative Brady.

Representative Brady requested and was granted privilege of the floor for Pam Sapko, Executive Director, Delaware Center for Horticulture, who addressed the House.

Representatives Mulrooney, Outten, Plant & Mitchell requested that they be marked present.

Representative Schwartzkopf deferred to Representative Atkins.

Representative Atkins requested and was granted personal privilege of the floor to introduce guests.

Representative Kovach requested that he be marked present.

Representative Schwartzkopf made comments.

Representative Schwartzkopf deferred to Representative Blakey.

Representative Blakey requested and was granted privilege of the floor for Joyce Warrington, Polytech Lead Worker, Organization of Adult Alumni and Students in Service, who addressed the House.

Representative Blakey made comments.

Representative introduced and brought

SCR 29

, sponsored by Senator Cloutier & Senator Connor & Representatives Longhurst & Schwartzkopf before the House for consideration.

SCR 29

- DESIGNATING APRIL 22, 2010 AS "TECHNOLOGY EDUCATION DAY" IN THE STATE OF DELAWARE.

WHEREAS, technological literacy is an important asset to all Delawareans; and

WHEREAS, success and efficiency of the state, country, and world are becoming more technologically based; and

WHEREAS, technological literacy allows for further advancement of the citizens of the State of Delaware and their active roles in the community; and

WHEREAS, technological literacy strengthens the foundation of Delaware’s economy; and

WHEREAS, a larger percent of people have a basic understanding of technology today; and

WHEREAS, a higher level of technological literacy is needed to compete in the global market place;

NOW THEREFORE:

BE IT RESOLVED, by the Senate of the 145th General Assembly of the State of Delaware, the House concurring therein, that April 22, 2010 is hereby designated as “Technology Education Day” in Delaware, and we urge all citizens of Delaware to recognize this event and participate in its observance.

Representative Mulrooney requested that

HB 162

be stricken.

Representative Schwartzkopf made comments.

SCR 29

was adopted by voice vote and was returned to the Senate.

Representative Schwartzkopf deferred to Representative Kowalko.

Representative Kowalko requested that

HB 24

be stricken.

Representative Schwartzkopf deferred to Representative Longhurst.

Representative Longhurst made an announcement & comments.

The House observed a moment of silence in memory of Christopher W. White, Executive Director, Community Legal Aid Society, at the request of Representative Longhurst.

Representatives Kowalko & Schwartzkopf made comments.

The Majority Leader moved to recess for caucus at 2:28 p.m.

The House reconvened at 4:23 p.m.

Representative D.P. Williams requested that he be marked present.

Representative Schwartzkopf deferred to Representative Kowalko.

Representative Cathcart requested that he be marked present.

Representative Kowalko introduced and brought

HCR 37

, jointly sponsored by Representative Keeley & Representative Miro & Representative Plant on behalf of all Representatives & Senator Marshall on behalf of all Senators, before the House for consideration.

HCR 37

- MOURNING THE DEATHS OF THE PRESIDENT, FIRST LADY AND MANY OTHER LEADERS OF THE REPUBLIC OF POLAND WHO TRAGICALLY DIED IN A PLANE CRASH ON APRIL 10, 2010; REMEMBERING THE SACRIFICE OF THE APPROXIMATELY 22,000 POLISH CITIZENS EXECUTED IN 1940 BY THE SOVIET SECRET POLICE ON THIS 70TH ANNIVERSARY OF THE KATYN MASSACRE; AND OBSERVING APRIL AS A MONTH OF REMEMBRANCE TO HONOR THE MEMORY OF THE VICTIMS OF BOTH OF THESE TRAGIC EVENTS.

WHEREAS, on April 10, 2010, the President and First Lady of Poland, Lech and Maria Kaczynski, as well as many of Poland’s diplomatic, military and religious leaders tragically died when the plane on which they were passengers crashed in a forest in western Russia near the city of Smolensk; and

WHEREAS, President Kaczynski was a distinguished statesman who, along with many of the others who died on April 10th, played a key role in the Solidarity movement and Poland’s inspiring democratic transformation; and

WHEREAS, the Solidarity movement ended communism in Poland without bloodshed, inspiring other nations under Soviet control to seek freedom and democracy and playing an important role in the fall of communism in Central and Eastern Europe; and

WHEREAS, the Polish leadership was traveling to Russia on April 10th to commemorate the 70th anniversary of the Katyn Massacre (also know as the Katyn Forest Massacre), the brutal mass execution of approximately 22,000 Polish military officers, doctors, professors, lawmakers and civil servants committed in April or May of 1940 by the Soviet Secret Police; and

WHEREAS, with responsibility for the Katyn Massacre finally being acknowledged by the Russian government, Poland and Russian have begun to build and re-establish relationships that have been strained since World War II; and

WHEREAS, the healing process between the two nations was to continue with the visit by President Kaczynski and other leaders of a strong, vibrant and free Poland to Katyn to commemorate the 70th anniversary of this unthinkable tragedy and ensure that such events never reoccur in civilized society; and

WHEREAS, the strength of Poland’s leaders and will of its great people will ensure that Poland emerges from the depths of this most recent tragedy, and the legacy of President Kaczynski and the leaders who died in Katyn in 1940 and on April 10, 2010, will continue to guide Poland in the direction of freedom and progress; and

WHEREAS, a deep bond of friendship exists between the people of the United States and the people of Poland and Poland is among the strongest allies and partners of the United States; and

WHEREAS, the General Assembly believes it is appropriate to observe the month of April as a time of remembrance to honor the memory of the victims of these tragic events and their efforts to seek peace and reconciliation.

NOW, THEREFORE:

BE IT RESOLVED that the House of Representatives of the 145th General Assembly of the State of Delaware, the Senate concurring therein, that the members hereby mourn the deaths of Poland’s President, First Lady and many diplomatic, military and religious leaders who died on April 10, 2010.

BE IT FURTHER RESOLVED the General Assembly hereby remembers the sacrifice of the approximately 22,000 Polish citizens executed by the Soviet Secret Police in the 1940 Katyn Massacre.

BE IT FURTHER RESOLVED that the General Assembly hereby designate the month of April as a month of remembrance to honor the memory of all the Polish leaders who died in the Katyn Massacre and on April 10, 2010, and their efforts to seek peace and reconciliation.

BE IT FURTHER RESOLVED that, upon passage, a suitably prepared and duly authenticated copy of this resolution be sent Ambassador Kupiecki at the Embassy of the Republic of Poland in Washington, D.C.

Representative Kowalko made comments.

HCR 37

was adopted by voice vote.

Representative Keeley requested and was granted personal privilege of the floor to make comments.

Speaker Gilligan appointed Representative D.P. Williams as Acting Speaker.

Mr. Acting Speaker D.P. Williams introduced a guest.

Representative Gilligan brought

HB 349

, jointly sponsored by Senator DeLuca, before the House for consideration.

HB 349

- AN ACT TO AMEND TITLES 9 AND 30 OF THE DELAWARE CODE RELATING TO WITHHOLDING OF TAX ON GAINS FROM REAL ESTATE.

Representatives Gilligan & Kovach made comments.

Representative Gilligan requested and was granted privilege of the floor for Patrick Carter, Director of Revenue, Department of Finance.

Representatives Cathcart, Gilligan, Oberle, Kovach & Hudson made comments.

Representative Hudson requested and was granted privilege of the floor for Ron Smith, Minority House Attorney.

Representative B. Short made comments.

The roll call on

HB 349

was taken and revealed:

YES: 39.

ABSENT: Representatives Lavelle & Scott - 2.

Therefore, having received a constitutional majority,

HB 349

was sent to the Senate for concurrence.

Representative Schwartzkopf deferred to Representative Gilligan.

Representative Gilligan moved to suspend the rules which interfere with action on

HR 40

. The motion was seconded by Representative J. Johnson and adopted by voice vote.

Representative Gilligan brought

HR 40

, jointly sponsored by Representative Schwartzkopf & Representative Longhurst & Representative Cathcart & Representative D. Short, before the House for consideration.

HR 40

- RELATING TO PERMANENT RULES OF THE HOUSE OF REPRESENTATIVES OF THE 145TH GENERAL ASSEMBLY OF THE STATE OF DELAWARE.

Representative Gilligan made comments.

HR 40

was adopted by voice vote.

Speaker Gilligan resumed the Chair.

Representative Schwartzkopf deferred to Representative Bennett.

Representative Bennett brought

SB 197

, jointly sponsored by Senator Blevins & Senator Sorenson & Representative Hudson & Senators Booth, Bushweller, Ennis, Hall-Long, Henry, Katz, Marshall, Peterson, Sokola & Bonini & Representatives Carson, Cathcart, Jaques, Q. Johnson, Keeley, Kovach, Lavelle, Mitchell, Mulrooney, Oberle, Ramone, Schooley, Schwartzkopf, Scott, D. Short, Viola & Walls, before the House for consideration.

SB 197

- AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO OFFENSES AGAINST THE PERSON.

Representatives Bennett & Oberle made comments.

Representative Bennett requested and was granted privilege of the floor for Patricia Dailey Lewis, Deputy Attorney General, Delaware Department of Justice.

Representatives Oberle, D.P. Williams, Schwartzkopf, Kovach & Oberle made comments.

The roll call on

SB 197

was taken and revealed:

YES: 38.

ABSENT: Representatives Lavelle, Manolakos & Scott - 3.

Therefore, having received a constitutional majority,

SB 197

was returned to the Senate.

Representative Schwartzkopf deferred to Representative Mitchell.

Representative Mitchell brought

SB 200

, jointly sponsored by Senator Ennis & Senator Bushweller & Representatives Jaques, Thornburg, Walls, Carey, Carson & Wilson & Senator Booth, before the House for consideration.

SB 200

- AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO HEAVY VEHICLE REGISTRATION.

Representatives Mitchell & Walls made comments.

The roll call on

SB 200

was taken and revealed:

YES: 38.

ABSENT: Representatives Lavelle, Manolakos & Scott - 3.

Therefore, having received a constitutional majority,

SB 200

was returned to the Senate.

Representative Schwartzkopf deferred to Representative Mitchell.

Representative Mitchell brought

SB 224

, jointly sponsored by Senator DeLuca & Senators Ennis & Bushweller & Representatives Schwartzkopf, Lee& Carson, before the House for consideration.

SB 224

- AN ACT TO AMEND TITLE 20 RELATING TO THE DELAWARE STATE POLICE READY RESERVE.

Representative Mitchell made comments.

The roll call on

SB 224

was taken and revealed:

YES: 38.

ABSENT: Representatives Lavelle, Manolakos & Scott - 3.

Therefore, having received a constitutional majority,

SB 224

was returned to the Senate.

Representative Schwartzkopf deferred to Representative Q. Johnson.

Representative Q. Johnson brought

HB 345

, jointly sponsored by Senator Hall-Long & Representatives Bennett, Carson, Keeley, Mitchell, Schooley, Scott, Kowalko & D.E. Williams & Senators Blevins, Bushweller, Sokola & McDowell, before the House for consideration.

HB 345

- AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL CURRICULUM AND WORLD LANGUAGES.

Representative Q. Johnson made comments.

The roll call on

HB 345

was taken and revealed:

YES: 37.

ABSENT: Representatives Lavelle, Manolakos, Plant & Scott - 4.

Therefore, having received a constitutional majority,

HB 345

was sent to the Senate for concurrence.

Representative Schwartzkopf deferred to Representative Walls.

Representative Walls brought

HB 352

, jointly sponsored by Representative Brady & Senator Katz & Representatives D.P. Williams & Wilson & Senators Ennis, Hall-Long, Henry, Bonini, Booth & Simpson, before the House for consideration.

HB 352

- AN ACT TO AMEND TITLE 27 OF THE DELAWARE CODE RELATING TO RELIGIOUS CAMP MEETINGS.

Representative Walls made comments.

The roll call on

HB 352

was taken and revealed:

YES: 37.

ABSENT: Representatives Lavelle, Manolakos, Plant & Scott - 4.

Therefore, having received a constitutional majority,

HB 352

was sent to the Senate for concurrence.

Representative Schwartzkopf deferred to Representative Kowalko.

Representative Kowalko introduced

HB 378

, jointly sponsored by Senator Peterson & Representatives Barbieri, Bennett, Brady, Gilligan, Jaques, J. Johnson,

Q. Johnson, Keeley, Lavelle, Mitchell, Mulrooney, Oberle, Plant, Ramone, Schooley, Scott, B. Short, Viola, D.E. Williams & D.P. Williams & Sen. Sokola.

HB 378

- AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO ENERGY EFFICIENCY RESOURCE STANDARDS.

Mr. Speaker Gilligan assigned

HB 378

to the Energy Committee.

Representative Kowalko made an announcement.

The Reading Clerk read the following communications into the record:

The Senate wishes to inform the House that it has passed

SB 218

SB 203

and requests the concurrence of the House.

The Senate wishes to inform the House that it has passed

HB 314 w/HA 1 &

SA 1

HCR 37

and is returning the same to the House.

The Majority Leader moved to recess to the call of the Chair at 5:34 p.m.

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