Mr. Speaker Gilligan called the House to order at 2:02 p.m. on May 11, 2010.
Representative Schwartzkopf 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 225 and requests the concurrence of the House and the Senate has passed HCR 40, HCR 41 & HCR 43 and is returning the same to the House.
The Senate wishes to inform the House that is has passed HB 336 & HCR 42 and is returning same to the House.
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.
28th LEGISLATIVE DAY - 145th GENERAL ASSEMBLY - Second Session
May 11, 2010
The Chief Clerk called the roll.
Members Present: 39.
Members Absent: Representatives Lavelle & Manolakos - 2.
A prayer was offered by Representative Deborah D. Hudson, Twelfth 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 400 - B. SHORT & REPRESENTATIVE KOVACH & REPRESENTATIVE D. SHORT; REPRESENTATIVES BARBIERI, BENNETT, BRIGGS KING, HOCKER, Q. JOHNSON, LAVELLE, MITCHELL, RAMONE, WALLS; SENATORS BUSHWELLER, HENRY - ECONOMIC DEVELOPMENT/BANKING/INSURANCE & COMMERCE - An Act to Amend Title 6 of the Delaware Code Relating to Building Construction Disputes.
HA 1 to HS 1 for HB 348 - LONGHURST - Placed with the Bill.
HA 1 to HB 395 - HOCKER - Placed with the Bill.
SB 225 - KATZ & SENATOR BUNTING & REPRESENTATIVE JAQUES & REPRESENTATIVE BRADY - HOUSE ADMINISTRATION - An Act to Amend Title 15 of the Delaware Code Regarding Absentee Voting and Associated Issues.
The Reading Clerk read the following communication into the record:
May 11, 2010
The Honorable Robert F. Gilligan
Speaker of the House
Legislative Hall
Dover, DE 19901
Dear Speaker Gilligan:
Please be advised that it is necessary for me to be absent from Legislative Session today, Tuesday May 11, 2010 due to family reasons.
Thank you for your understanding.
Sincerely,
Gregory F. Lavelle
State Representative
11th District
Representative Schwartzkopf deferred to Representative Longhurst.
Representative Longhurst made announcements.
Representative Kowalko requested and was granted personal privilege of the floor to introduce a guest and to make comments.
Representatives Q. Johnson requested that he be marked present.
Representative Thornburg made a comment.
Representatives Mitchell, Outten & Miro requested that they be marked present.
Representative Schwartzkopf deferred to Representative Scott.
Representative Scott requested and was granted personal privilege of the floor to introduce guests and to make comments.
Representative Keeley requested that she be marked present.
Representative Schwartzkopf deferred to Representative Brady.
Representative Brady requested and was granted personal privilege of the floor to introduce guests and to make comments.
Representative Schwartzkopf deferred to Representative Schooley.
Representative Schooley made announcements.
Representative Schwartzkopf brought HCR 44, sponsored by on behalf of all Representatives & Senator Bunting on behalf of all Senators, before the House for consideration.
HCR 44 - TO RECOGNIZE THE MONTH OF MAY 2010 AS "POPPY MONTH" IN THE STATE OF DELAWARE.
WHEREAS, America is the land of freedom, preserved and protected willingly and freely by citizen soldiers; and
WHEREAS, millions who have answered the call to arms have died on the field of battle; and
WHEREAS, a nation of peace must be reminded of the price of war and the debt owed to those who have died in war; and
WHEREAS, the red poppy has been designated as a symbol of sacrifice of lives in all wars; and
WHEREAS, the American Legion Auxiliary has pledged to remind America annually of the debt through the distribution of the memorial flower.
NOW, THEREFORE:
BE IT RESOLVED by the House of Representatives of the 145th General Assembly of the State of Delaware, the Senate concurring therein, that the month of May 2010 be recognized as “Poppy Month” in the State of Delaware and ask that all citizens pay tribute to those who have made the ultimate sacrifice in the name of freedom by wearing the Memorial Poppy.
BE IT FURTHER RESOLVED, that a suitably prepared copy of this resolution be delivered to The American Legion Auxiliary Unit #28 in Millsboro, Delaware.
Representative Schwartzkopf made comments.
HCR 44 was adopted by voice vote.
Representative Schwartzkopf introduced guests and requested and was granted privilege of the floor for Cindy Phillips, Secretary, American Legion Auxiliary Unit 28, who addressed the House.
Representative Atkins requested that he be marked present and made comments.
Representative Schwartzkopf made an announcement.
Mr. Speaker Gilligan assigned HB 97 to the Appropriations Committee.
Representative Schwartzkopf made an announcement.
Representatives Plant, Oberle & Viola requested that they be marked present.
The Majority Leader moved to recess for caucus at 2:22 p.m.
The House reconvened at 4:40 p.m.
Representative Schwartzkopf brought Consent Agenda B, which requires a two-thirds vote, before the House for consideration.
HB 356 w/SA 1 - OUTTEN & SENATOR COOK - 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)
HB 393 - HOCKER & SENATOR BUNTING - An Act to Amend Chapter 59, Volume 63 of the Laws of Delaware, as Amended, the Charter of the Town of Dewey Beach to Grant the Town of Dewey Beach the Authority to Change the Date of Annual Municipal Elections to Prevent Conflict with Jewish Holy Days. (2/3 bill)
HB 394 - HOCKER & SENATOR BUNTING - An Act to Amend Volume 65, Chapter 295, Laws of Delaware, Entitled Charter of the Town of Bethany Beach, Regarding Penalties for Violations of Town Ordinances, to Increase the Maximum Financial Penalty that may be Imposed to Eliminate Imprisonment as a Potential Sanction, and to Authorize the Town to Impose Civil Penalties as Well as Criminal Penalties. (2/3 bill)
Representative Schwartzkopf made comments.
The roll call on Consent Agenda B was taken and revealed:
YES: 37.
ABSENT: Representatives Lavelle, Manolakos, Plant & D.P. Williams - 4.
Therefore, having received a constitutional majority of at least two-thirds Members of the House, HB 356, HB 393 & HB 394 were sent to the Senate for concurrence.
Representatives B. Short & D. E. Williams requested that they be marked present during the roll call.
Representative Schwartzkopf deferred to Representative D. Short.
Representative D. Short brought HB 360, jointly sponsored by Representative Hudson & Representative Viola & Senator Simpson & Representatives Hocker, Lavelle, Manolakos, Miro & Carson & Senators Bunting, Venables & Bonini, before the House for consideration.
HB 360 - AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO FINANCIAL DISCLOSURE REPORTS.
Representative D. Short made comments.
The roll call on HB 360 was taken and revealed:
YES: 39.
ABSENT: Representatives Lavelle, Manolakos - 2.
Therefore, having received a constitutional majority, HB 360 was sent to the Senate for concurrence.
Representative D.P. Williams requested that he be marked present during the roll call.
Representative Schwartzkopf deferred to Representative D. Short.
Representative D. Short brought HB 361, jointly sponsored by & Representative Hudson & Senator Simpson & Representatives Hocker, Lavelle, Manolakos, Miro & Carson & Senator Bonini, before the House for consideration.
HB 361 - AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO DUTIES OF A CANDIDATE.
Representative D. Short made comments.
The roll call on HB 361 was taken and revealed:
YES: 39.
ABSENT: Representatives Lavelle & Manolakos - 2.
Therefore, having received a constitutional majority, HB 361 was sent to the Senate for concurrence.
Representative Schwartzkopf deferred to Representative Mitchell.
Representative Mitchell brought HB 368, jointly sponsored by Senator Bushweller & Representatives Barbieri, Carson, Lavelle & Ramone & Senator Ennis, before the House for consideration.
HB 368 - AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO MOTOR VEHICLES AND COMMERCIAL DRIVER LICENSES.
(2/3 bill)
Representative Mitchell made comments.
The roll call on HB 368 was taken and revealed:
ABSENT: Representatives Lavelle & Manolakos - 2.
Therefore, having received a constitutional majority of at least two-thirds Members of the House, HB 368 was sent to the Senate for concurrence.
Representative Schwartzkopf deferred to Representative Mulrooney.
Representative Mulrooney moved to suspend the rules which interfere with action on SB 234 w/SA 1 & 3. The motion was seconded by Representative J. Johnson and adopted by voice vote.
Representative Mulrooney brought SB 234 w/SA 1 & 3, jointly sponsored by Senator McBride & Senators Blevins, Bunting, Cloutier, Hall-Long, Katz, McDowell, Simpson, Peterson, Bushweller & Sorenson & Representatives Keeley, Kovach, Kowalko, Miro, Ramone, Schooley, Viola, D.P. Williams, Jaques & D.E. Williams, before the House for consideration.
SB 234 - AN ACT TO AMEND TITLES 7 AND 30 OF THE DELAWARE CODE RELATING TO RECYCLING AND BEVERAGE CONTAINERS.
Representative Miro announced that he will not be voting on SB 234 w/SA 1 & 3 because of a possible conflict of interest.
Representative Cathcart requested and was granted privilege of the floor for
Ron Smith, Minority House Attorney.
Representative Cathcart made comments.
Mr. Speaker Gilligan granted privilege of the floor for William G. Bush IV, Majority House Attorney.
Representatives Cathcart & Oberle made comments.
Mr. Speaker Gilligan ruled that it would have been proper for SB 234 to have started in either the Senate or the House.
Representative Cathcart requested and was granted privilege of the floor for
Ron Smith, Minority House Attorney.
Representatives Cathcart & Mulrooney made comments.
Mr. Speaker Gilligan granted privilege of the floor for William G. Bush IV, Majority House Attorney.
Representative Cathcart made comments.
Mr. Speaker Gilligan ruled that SB 234 is not a violation of Article VIII,
Section 1 of the Delaware Constitution.
Representative Cathcart requested and was granted privilege of the floor for
Ron Smith, Minority House Attorney.
Representative Cathcart made comments.
Mr. Speaker Gilligan granted privilege of the floor for William G. Bush IV, Majority House Attorney.
Representative Cathcart made comments.
Representative Cathcart requested and was granted privilege of the floor for
Ron Smith, Minority House Attorney.
Representatives Cathcart & Oberle made comments.
Mr. Speaker Gilligan ruled that the vote requirement for SB 234 is three-fifths Members of the House.
The Reading Clerk read the following communication into the record:
Via email
From: Lavelle Greg (LegHall)
Sent: Tuesday, May 11, 2010 1:55 PM
To: Gilligan Robert (LegHall)
Cc: Puffer Richard (LegHall); Fulgham Joseph (LegHall); Hedrick JoAnn (LegHall)
Subject: SB234
From: State Rep. Greg Lavelle
To: Speaker of the House Robert Gilligan
Mr. Speaker,
Due to the unforeseen illness of my wife, and the need to care for my children, I regret to inform you I will be unable to attend session today.
If Senate Bill 234 is worked on the House floor in my absence, please be advised State House Minority Leader Richard Cathcart will floor manage House Amendments 1 & 3 in my stead. Rep. Cathcart is a prime sponsor of both measures and is empowered to do this under existing House protocols.
Sincerely,
State Rep. Greg Lavelle
Representative D. Short introduced and brought HA 1 to SB 234, jointly sponsored by Representative Cathcart & Representative Lavelle & Representative Hocker, before the House for consideration.
Representatives D. Short & Mulrooney made comments.
The roll call on HA 1 to SB 234 was taken and revealed:
YES: Representatives Atkins, Blakey, Briggs King, Carey, Carson, Cathcart, Hocker, Hudson, Kovach, Lee, Oberle, Outten, Ramone, D. Short & Wilson - 15.
NO: 23.
ABSENT: Representatives Lavelle, Manolakos & Miro - 3.
Therefore, not having received a constitutional majority, HA 1 to SB 234 was declared defeated.
Representative D. Short introduced and brought HA 2 to SB 234, before the House for consideration.
Representatives Mulrooney & D. Short made comments.
Representative Kovach requested and was granted privilege of the floor for
Collin O'Mara, Secretary, Department of Natural Resources and Environmental Control.
Representatives Kovach & Oberle made comments.
HA 2 was defeated by voice vote.
Representative D. Short introduced and brought HA 3 to SB 234, before the House for consideration.
Representatives D. Short, Kowalko, Cathcart, Viola, Q. Johnson, Bennett,
D. Short, Viola, Briggs King & Jaques made comments.
The roll call on HA 3 to SB 234 was taken and revealed:
NO: 37.
NOT VOTING: Representative Blakey - 1.
ABSENT: Representatives Lavelle, Manolakos & Miro - 3.
Therefore, not having received a constitutional majority, HA 3 to SB 234 was declared defeated.
The Reading Clerk read the following communications into the record: WITHDRAWAL OF SPONSORSHIP REQUEST
I, Joseph E. Miro, do hereby request that my name be removed as co-sponsor of SB 234.
Date: 5/11/10 Signed: Joseph E. MiroWITHDRAWAL OF SPONSORSHIP REQUEST
I, Joseph E. Miro, do hereby request that my name be removed as co-sponsor of HA 6 to SB 234.
Date: 5/11/10 Signed: Joseph E. Miro
Representative Oberle introduced and brought HA 4 to SB 234, jointly sponsored by Representative Cathcart & Representative D. Short & Representative Lavelle & Representative Hocker, before the House for consideration.
Representatives Oberle, Mulrooney, Hudson & Oberle made comments.
Representative Kovach requested and was granted privilege of the floor for William G. Bush IV, Majority House Attorney.
Representatives Kovach & Oberle made comments.
The roll call on HA 4 to SB 234 was taken and revealed:
YES: Representatives Blakey, Briggs King, Carey, Carson, Cathcart, Hocker, Hudson, Jaques, Kovach, Lee, Oberle, Outten, Ramone, D. Short, Thornburg & Wilson - 16.
NO: 22.
NOT VOTING: Representative Miro - 1.
ABSENT: Representatives Lavelle & Manolakos - 2.
Therefore, not having received a constitutional majority, HA 4 to SB 234 was declared defeated.
Representative Oberle made comments regarding HA 5 to SB 234.
Representative Oberle introduced and brought HA 5 to SB 234, jointly sponsored by Representative Cathcart & Representative Lavelle & Representative Hocker, before the House for consideration.
Representative Oberle made comments.
Representative Oberle moved to place HA 5 on the Speaker's Table. The motion was seconded by Representative Cathcart and adopted by voice vote.
Representative Kovach introduced and brought HA 6 to SB 234, jointly sponsored by Representative Cathcart & Representative Miro & Representative Hudson, before the House for consideration.
Representatives Kovach, Mulrooney, Q. Johnson & Kovach made comments.
The roll call on HA 6 to SB 234 was taken and revealed:
YES: Representatives Blakey, Briggs King, Carey, Cathcart, Hocker, Hudson,
Q. Johnson, Kovach, Lee, Oberle, Outten, Ramone, D. Short & Wilson - 14.
NO: 23.
NOT VOTING: Representative Miro - 1.
ABSENT: Representatives Atkins, Lavelle & Manolakos - 3.
Therefore, not having received a constitutional majority, HA 6 to SB 234 was declared defeated.
Representative Cathcart introduced and brought HA 7 to SB 234, jointly sponsored by Representative Ramone, before the House for consideration.
Representative Cathcart requested and was granted privilege of the floor for
N.C. Vasuki, Former Director, Delaware Solid Waste Authority.
Representatives Cathcart, Kovach, Cathcart & Ramone made comments.
Representative Mulrooney requested and was granted privilege of the floor for Collin O'Mara, Secretary, Department of Natural Resources and Environmental Control.
Representatives Cathcart, Oberle, Schwartzkopf, Oberle, Cathcart, Q. Johnson,
D. Short, Hocker, Hudson & Kovach made comments.
Representative Cathcart requested and was granted privilege of the floor for
N.C. Vasuki, Former Director, Delaware Solid Waste Authority.
Representative Oberle made a comment.
The roll call on HA 7 to SB 234 was taken and revealed:
YES: Representatives Blakey, Briggs King, Carey, Carson, Cathcart, Hocker, Hudson, Kovach, Lee, Oberle, Outten, Ramone, D. Short & Wilson - 14.
NO: 24.
NOT VOTING: Representative Miro - 1.
ABSENT: Representatives Lavelle & Manolakos - 2.
Therefore, not having received a constitutional majority, HA 7 to SB 234 was declared defeated.
Representatives Cathcart made comments regarding SB 234 w/SA 1 & 3.
Representatives Hocker, Carey, Keeley, Kowalko & Cathcart made comments.
The roll call on SB 234 w/SA 1 & 3 was taken and revealed:
YES: 26.
NO: Representatives Atkins, Blakey, Briggs King, Carey, Cathcart, Hocker, Hudson, Lee, Oberle, Outten, D. Short & Wilson - 12.
NOT VOTING: Representative Miro - 1.
ABSENT: Representatives Lavelle & Manolakos - 2.
Therefore, having received a constitutional majority of at least three-fifths Members of the House, SB 234 w/SA 1 & 3 was returned to the Senate.
The Majority Leader moved to recess to the call of the Chair at 7:15 p.m.
Go to top