Journal Form


Journal View

HouseJournal Document
Date: 4/1/2010
Session: S2
Legislative Day: 18

Mr. Speaker Gilligan called the House to order at 2:02 p.m. on April 1, 2010.

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

MANUFACTURED HOUSING:

HB 312

- 1F,2M;

HB 313

- 4M.

EDUCATION:

HB 328

- 9F.

HOUSING & COMMUNITY AFFAIRS:

HB 320

- 8F;

HB 321

- 6F;

HB 333

- 8F.

REVENUE & FINANCE:

HB 349

- 5F.3M.

HEALTH & HUMAN DEVELOPMENT:

HB 344

- 1F,7M;

HB 351

- 5F,3M.

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

Representative Schwartzkopf deferred to Representative Mitchell.

Representative Mitchell introduced a guest.

Representative Schwartzkopf deferred to Representative J. Johnson.

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

Representatives Scott & Q. Johnson made comments.

The House observed a moment of silence in memory of Barbara Caulk, wife of former Representative G. Wallace Caulk, Jr., at the request of Representative Walls.

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

Representative D.P. Williams requested that he be marked present for the current Legislative Day.

The Majority Leader moved to adjourn at 2:10 p.m., thereby ending the current legislative day. The House reconvened at 2:11 p.m.

18th LEGISLATIVE DAY - 145th GENERAL ASSEMBLY - Second Session
April 1, 2010

The Chief Clerk called the roll.

Members Present: 38.

Members Absent: Representatives Plant, Schooley & Thornburg - 3.

A prayer was offered by Representative William J. Carson, Jr., Twenty-eighth Representative District.

Mr. Speaker Gilligan 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 358

- D. SHORT & REPRESENTATIVE BENNETT & REPRESENTATIVE HUDSON & REPRESENTATIVE KOVACH & SENATOR BUNTING; REPRESENTATIVES CATHCART, BRIGGS KING, CAREY, HOCKER, LAVELLE, LEE, MIRO, RAMONE, WILSON, CARSON, KEELEY, B. SHORT; SENATORS SIMPSON, SORENSON, BONINI, BOOTH, CLOUTIER - HOUSE ADMINISTRATION - An Act to Amend Title 29 of the Delaware Code Relating to Fiscal Projections.

HB 359

- D. SHORT & SENATOR VENABLES - HOUSE ADMINISTRATION - An Act to Amend the Charter of the Town of Blades Relating to Elections.

HB 360

- D. SHORT & REPRESENTATIVE HUDSON & REPRESENTATIVE VIOLA & SENATOR SIMPSON; REPRESENTATIVES HOCKER, LAVELLE, MANOLAKOS, MIRO, CARSON; SENATORS BUNTING, VENABLES, BONINI - HOUSE ADMINISTRATION - An Act to Amend Title 29 of the Delaware Code Relating to Financial Disclosure.

HB 361

- D. SHORT & REPRESENTATIVE HUDSON & SENATOR SIMPSON; REPRESENTATIVES HOCKER, LAVELLE, MANOLAKOS, MIRO, CARSON; SENATOR BONINI - HOUSE ADMINISTRATION - An Act to Amend Title 15 of the Delaware Code Relating to Duties of a Candidate.

HA 4 to HA 5 to HB 194

- LEE - Placed with the Bill.

HA 1 to HB 333

- D. SHORT - Placed with the Bill.

HA 1 to HB 344

- BRADY - Placed with the Bill.

HR 40

- GILLIGAN & REPRESENTATIVE SCHWARTZKOPF & REPRESENTATIVE LONGHURST & REPRESENTATIVE CATHCART & REPRESENTATIVE D. SHORT - HOUSE RULES - Relating to Permanent Rules of the House of Representatives of the 145th General Assembly of the State of Delaware.

SB 183

- MCBRIDE; SENATORS BUNTING, ENNIS, VENABLES; REPRESENTATIVES ATKINS, BOOTH, CARSON, MULROONEY, OBERLE & WALLS - NATURAL RESOURCES - An Act to Amend Title 7, Chapter 5 of the Delaware Code Relating to Game Preserves.

SB 200

- ENNIS & SENATOR BUSHWELLER & REPRESENTATIVE MITCHELL; REPRESENTATIVES JAQUES, THORNBURG, WALLS, CAREY, CARSON, WILSON; SENATOR BOOTH - PUBLIC SAFETY & HOMELAND SECURITY - An Act to Amend Title 21 of the Delaware Code Relating to Heavy Vehicle Registration.

Representative Schwartzkopf deferred to Representative Cathcart.

Representative Cathcart requested privilege of the floor to present a House Tribute to Michael Jackson, Associate Secretary of Education for Financial and Administrative Services, who addressed the House.

Representative Schwartzkopf made comments.

Senator Nancy W. Cook made comments.

Representatives Lavelle & Keeley made comments.

Representative Kovach requested that he be marked present.

Mr. Speaker Gilligan made an announcement.

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

Representative Kowalko requested to be marked present.

The Majority Leader moved to recess for caucus at 2:27 p.m.

The House reconvened at 3:34 p.m.

Representative Schwartzkopf deferred to Representative Outten.

Representative Outten requested that

HB 339

be stricken.

Representative Outten moved to suspend the rules which interfere with introduction of and action on

HB 356

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

Representative Outten introduced and brought

HB 356

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

HB 356

- AN ACT TO AMEND THE CHARTER OF THE TOWN OF FELTON TO CHANGE THE DURATION OF THE TERM OF A MEMBER OF THE TOWN COUNCIL AND TO IMPLEMENT USE OF THE STATE'S VOTER REGISTRATION SYSTEM. (2/3 bill)

Representatives Outten & J. Johnson made comments.

The roll call on

HB 356

was taken and revealed:

YES: 37.

ABSENT: Representatives Plant, Schooley, Thornburg & D.P. Williams - 4.

Therefore, having received a constitutional majority of at least two-thirds Members of the House,

HB 356

was sent to the Senate for concurrence.

Representatives George, Lee, Miro & Oberle requested that they be marked present during the roll call.

Representative Schwartzkopf deferred to Representative Longhurst.

Representative Longhurst brought

HB 312

, jointly sponsored by Senator Ennis & Representatives Atkins, Carson, Q. Johnson, Kowalko, Schwartzkopf & Walls & Senator Bunting, before the House for consideration.

HB 312

- AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO MANUFACTURED HOME COMMUNITIES.

Representative Longhurst brought

HA 1 to HB 312

before the House for consideration. Representatives Longhurst & Lavelle made comments. Representative Hocker announced that he will not be voting on

HB 312

HA 1

because of a possible conflict of interest. Representatives Kowalko, Briggs King, Lavelle, Ramone, Lavelle, Ramone, D. Short, Miro, Kovach, Brady, Kowalko & B. Short made comments.

HA 1

was adopted by voice vote.

The roll call on

HB 312 w/HA 1

was taken and revealed:

YES: 21.

NO: Representatives Blakey, Briggs King, Carey, Cathcart, Hudson, Kovach, Lavelle, Lee, Manolakos, Miro, Outten, Ramone, D. Short & Wilson - 14.

NOT VOTING: Representatives Brady & Hocker - 2.

ABSENT: Representatives George, Plant, Schooley & Thornburg - 4.

Therefore, having received a constitutional majority,

HB 312 w/HA 1

was sent to the Senate for concurrence.

Mr. Speaker Gilligan introduced guests.

Representative Schwartzkopf deferred to Representative Barbieri.

Representative Barbieri brought

HB 351

, jointly sponsored by Senator Henry & Representatives Carson, Gilligan, Jaques, Mitchell & D.E. Williams & Senators Hall-Long, Sorenson & Bushweller & cosponsored by Representatives Atkins, Briggs King, Carey, Cathcart, Hocker, Hudson, J. Johnson, Q. Johnson, Kovach, Kowalko, Lee, Manolakos, Miro, Oberle, Outten, Ramone, Schwartzkopf, D. Short, Walls & Wilson, before the House for consideration.

HB 351

- AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO THE ELDER CARE INFORMATION AND SUPPORT SYSTEM FOR DELAWARE FAMILIES.

Representatives Barbieri & Lavelle made comments.

The roll call on

HB 351

was taken and revealed:

YES: 35.

ABSENT: Representatives George, Plant, Schooley, Scott, Thornburg &

D.P. Williams - 6.

Therefore, having received a constitutional majority,

HB 351

was sent to the Senate for concurrence.

Representative Schwartzkopf deferred to Representative Brady.

Representative Brady brought

HB 344

, jointly sponsored by Senator Katz & Representatives J. Johnson & D.P. Williams & Senator Henry, before the House for consideration.

HB 344

- AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO MARRIAGE.

Representative Brady brought

HA 1 to HB 344

before the House for consideration. Representative Brady made comments.

HA 1

was adopted by voice vote. Representatives Brady & Kovach made comments. Representative Brady requested and was granted privilege of the floor for Ken Boulden, Clerk of the Peace, New Castle County. Representatives Kovach, Ramone, D. Short & Brady made comments.

The roll call on

HB 344 w/HA 1

was taken and revealed:

YES: 35.

NO: Representatives Briggs King & Hudson - 2.

ABSENT: Representatives George, Plant, Schooley & Thornburg - 4.

Therefore, having received a constitutional majority,

HB 344 w/HA 1

was sent to the Senate for concurrence.

Representative Schwartzkopf deferred to Representative Mitchell.

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

HB 189

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

Representative Mitchell brought

HB 189

, jointly sponsored by Representative

J. Johnson & Senator Henry & Representatives Brady, M. Marshall, Plant, Schwartzkopf & Scott, before the House for consideration.

HB 189

- AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO RULES OF THE ROAD.

Representative Mitchell made comments.

The roll call on

HB 189

was taken and revealed:

YES: 37.

ABSENT: Representatives George, Plant, Schooley & Thornburg - 4.

Therefore, having received a constitutional majority,

HB 189

was sent to the Senate for concurrence.

Representative Schwartzkopf deferred to Representative Q. Johnson.

Representative Q. Johnson brought

HB 328

, jointly sponsored by Senator Sokola & Representatives Barbieri, Bennett, Jaques, Lavelle, Longhurst, M. Marshall, Mitchell, Mulrooney, Schooley, Scott & Walls & Senators Hall-Long & Henry & cosponsored by Representative J. Johnson & Senator Bunting, before the House for consideration.

HB 328

- AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EXCEPTIONAL PERSONS.

Representative Q. Johnson introduced and brought

HA 1 to HB 328

before the House for consideration. Representative Q. Johnson made comments.

HA 1

was adopted by voice vote. Representatives Q. Johnson & Kovach made comments.

The roll call on

HB 328 w/HA 1

was taken and revealed:

YES: 37.

ABSENT: Representatives George, Plant, Schooley & Thornburg - 4.

Therefore, having received a constitutional majority,

HB 328 w/HA 1

was sent to the Senate for concurrence.

Representative Q. Johnson made comments.

Representative Schwartzkopf deferred to Representative Oberle.

Representative Oberle introduced

HB 363

, jointly sponsored by Senator Cloutier & Senator McBride & Senator Marshall & Representatives Brady, Kowalko & Ramone & Senator Ennis.

HB 363

- AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO INSTRUCTION IN PUBLIC SCHOOLS ON THE HISTORY OF ORGANIZED LABOR IN AMERICA AND THE COLLECTIVE BARGAINING PROCESS.

Mr. Speaker Gilligan assigned

HB 363

to the Education Committee.

Representative Oberle introduced

HB 364

, jointly sponsored by Senator Cloutier & Senator Marshall & Senator McBride & Representatives Brady, Kowalko & Ramone & Senator Ennis.

HB 364

- AN ACT TO AMEND TITLE 19 OF THE DELAWARE CODE RELATING TO THE POLICE OFFICERS' AND FIREFIGHTERS' EMPLOYMENT RELATIONS ACT.

Mr. Speaker Gilligan assigned

HB 364

to the Public Safety & Homeland Security Committee.

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

JUDICIARY:

HJR 9

- 6F;

HB 338

- 2F,4M.

The Reading Clerk read the following communications into the record:

The Senate wishes to inform the House that it has passed

SB 183 w/SA 1

and requests the concurrence of the House and the Senate has passed

HB 270

HB 216

HB 335

HB 106

HCR 33

and is returning the same to the House. The Senate has passed

HB 294 w/SA 1

and is returning the same to the House. The Senate wishes to inform the House that it has passed

SB 217

SCR 27

and requests the concurrence of the House. The Senate wishes to inform the House that it has passed

SB 224

SB 222

SS 1 to

SB 171 w/SA 1

& 2

and requests the concurrence of the House and the Senate has passed

HB 159 w/HA 1 and HA 1 to HA 1, HA 2, SA 1 & SA 2

& has passed

HB 324

and is returning the same to the House.

Memorandum

To: The Honorable Robert F. Gilligan

Speaker of the House

From: Representative Hazel D. Plant

Date: April 1, 2010

RE:

Absence from Legislative Session

I will be unable to attend Legislative Session today, due to personal reasons.

Thank you.

Mr. Speaker Gilligan, Representatives D.P. Williams & Kowalko made announcements.

The Majority Leader moved to recess to the call of the Chair at 4:50 p.m.

Go to top