1st LEGISLATIVE DAY - 145th GENERAL ASSEMBLY – Second Special Session
July 1, 2009
The Chief Clerk called the roll.
Members Present: 41.
A prayer was offered by Representative Lee, Fortieth Representative District.
The Speaker led those present in the pledge of allegiance to the American Flag.
Mr. Speaker Gilligan announced that the minutes of the previous legislative day are available in the Office of the Chief Clerk.
Representative Schwartzkopf deferred to Representative Q. Johnson.
Representative Q. Johnson brought HB 254, jointly sponsored by Representative Schooley & Senator Hall-Long & Representatives Bennett, Carson, Kovach & Kowalko & Senators Blevins, Connor, Henry, Simpson & Sorenson before the House for consideration.
HB 254 - AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATION AND EXCEPTIONAL PERSONS
Representative J. Johnson made comments.
The roll call on HB 254 was taken and revealed:
YES: 39.
ABSENT: Representatives Keeley & Mulrooney - 2.
Therefore, having received a constitutional majority, HB 254 was sent to the Senate for concurrence.
Representative Carey requested to be marked present during the roll call.
Representative Schwartzkopf deferred to Representative Schooley.
Representative Schooley introduced and brought SCR 24, jointly sponsored by Senator Sokola & Senators Blevins, Hall-Long, McDowell & Sorenson & Representatives Booth, Jaques, Keeley, Kowalko, Mulrooney & Scott, before the House for consideration.
SCR 24 - SUPPORTING DELAWARE'S APPLICATION FOR A FEDERAL RACE TO THE TOP GRANT.
SCR 24 was adopted by voice vote.
Representative Schwartzkopf moved to suspend the rules which interfere with introduction and action on Consent Agenda J.
The motion was seconded by Representative Jaques and adopted by voice vote.
Representative Schwartzkopf brought Consent Agenda J, which requires a two-thirds vote, before the House.
HB 269 – MITCHELL & SENATOR HENRY & REPRESENTATIVES BENNETT, BOOTH, BRADY, CAREY, CATHCART, HOCKER, HUDSON, LAVELLE, LEE, MANOLAKOS, M. MARSHALL, OUTTEN, RAMONE, SCHOOLEY, D. SHORT, THORNBURG & WALLS - An Act to Amend Title 11 of the Delaware Code Relating to Specific Offenses and Sale and Distribution of Tobacco Products. (2/3 bill)
SB 50 – SORENSON & SENATOR PETERSON & SENATORS BONINI, CONNOR, ENNIS & SIMPSON - An Act to Amend Title 3 of the Delaware Code Relating to the Delaware Society for the Prevention of Cruelty to Animals. (2/3 bill)
SB 152 – KATZ & REPRESENTATIVE BENNETT & REPRESENTATIVE JAQUES - An Act to Amend Title 15 of the Delaware Code Relating to Municipal Elections. (2/3 bill)
SB 174 – BUSHWELLER & REPRESENTATIVE SCHWARTZKOPF - An Act to Amend Title 16 of the Delaware Code Relating to Uniformed Controlled Substances Act. (2/3 bill)
SB 176 – KATZ & SENATOR HALL-LONG & REPRESENTATIVE LEE - An Act to Amend Title 16 of the Delaware Code Relating to Uniformed Controlled Substances. (2/3 bill)
SB 177 – DELUCA & REPRESENTATIVE SCHWARTZKOPF & REPRESENTATIVE JAQUES - An Act to Amend Title 21 of the Delaware Code Relating to Rules of the Road (2/3 bill)
SB 181 – HENRY & REPRESENTATIVE BARBIERI & SENATORS BLEVINS, HALL-LONG & ENNIS - An Act to Amend Title 16 of the Delaware Code Relating to Health Planning and Resources Management. (2/3 bill)
SB 185 – BLEVINS & REPRESENTATIVE BENNETT - An Act to Amend Title 11 of the Delaware Code Relating to Criminal Procedures. (2/3 bill)
SB 179 – SOKOLA & REPRESENTATIVE KOWALKO & SENATORS BONINI, BUSHWELLER, CONNOR & KATZ & REPRESENTATIVES ATKINS, BENNETT, LEE & THORNBURG - An Act to Amend Chapter 16 of Title 24 of the Delaware Code Relating to Adult Entertainment. (2/3 bill)
SB 180 – BUNTING & REPRESENTATIVE HOCKER - An Act to Amend Title 24 of the Delaware Code Relating to Manufactured Home Installation. (2/3 bill)
The roll call on Consent Agenda J was taken and revealed:
YES: 40.
ABSENT: Representative Viola - 1.
Therefore, having received a constitutional majority of at least two-thirds Members of the House, HB 269 was sent to the Senate for concurrence and SB 50, SB 152, SB 180, SB 179, SB 181, SB 176, SB 174, SB 177, & SB 185 were returned to the Senate.
Representatives Keeley & Mulrooney requested that they be marked present during the roll call.
Representative Schwartzkopf moved to suspend the rules which interfere with introduction and action on Consent Agenda K.
The motion was seconded by Representative Brady and adopted by voice vote.
Representative Schwartzkopf brought Consent Agenda K before the House for consideration.
HB 218 – BENNETT & REPRESENTATIVE SCOTT & SENATOR ENNIS & SENATOR BUSHWELLER & REPRESENTATIVES CARSON, JAQUES, MITCHELL, D. SHORT, WALLS, D.E. WILLIAMS, D.P. WILLIAMS & WILSON - An Act to Amend Title 11 of the Delaware Code Relating to Delaware County and Municipal Police/Firefighter Pension Plan.
SB 56 – ADAMS & REPRESENTATIVE CARSON & SENATOR PETERSON - An Act to Amend Title 21 of the Delaware Code Relating to Heavy Vehicle Registration, and to Create a Task Force to Review the Existing Delaware Heavy Vehicle Weight Law to Determine the Feasibility of Its Implementation.
SB 175 - HALL-LONG & SENATOR ENNIS & REPRESENTATIVE LEE &
REPRESENTATIVE SCHWARTZKOPF - An Act to Amend Title 11 of the Delaware Code Relating to the Law Enforcement Officer's Bill of Rights.
The roll call on Consent Agenda K was taken and revealed:
YES: 41.
Therefore, having received a constitutional majority, HB 218 was sent to the Senate for concurrence and SB 56 & SB 175 were returned to the Senate.
Representative Schwartzkopf deferred to Representative Brady.
Representative Brady brought HB 197, jointly sponsored by Senator Ennis & Representatives Hudson & Mitchell, before the House for consideration.
HB 197 - AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO VEHICLE SPEED MONITORING SYSTEMS.
Representative Brady brought HA 1 to HB 197 before the House for consideration.
HA 1 was adopted by voice vote.
Representative Booth made comments.
Representative Brady brought HA 2 to HB 197 before the House for consideration.
HA 2 was adopted by voice vote.
Representatives Brady, Keeley, Mitchell, Oberle, B. Short & D.P. Williams made comments.
The roll call on HB 197 w/HA 1 & HA 2 was taken and revealed:
YES: 22.
NO: Representatives Atkins, Hocker, Hudson, Keeley, Lee, Manolakos, Miro, Oberle, Outten, D. Short, Thornburg & Walls - 12.
NOT VOTING: Representatives Blakey, Cathcart, Jaques, Kovach & Ramone - 5.
ABSENT: Representatives Lavelle & Plant - 2.
Therefore, having received a constitutional majority, HB 197 w/HA 1 & HA 2 was sent to the Senate for concurrence.
Representative Schwartzkopf deferred to Representative Bennett.
Representative Bennett moved to suspend the rules which interfere with action on SB 159. The motion was seconded by Representative D.P. Williams and adopted by voice vote.
Representative Bennett brought SB 159, jointly sponsored by Senator Peterson & Senator Sokola & Representatives Kowalko & Hudson before the House for consideration.
SB 159 - AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO CIVIL ADMINISTRATIVE PROCEDURES.
Representative Bennett made comments.
The roll call on SB 159 was taken and revealed:
YES: 39.
ABSENT: Representatives Lavelle & Plant - 2.
Therefore, having received a constitutional majority, SB 159 was returned to the Senate.
Representative Schwartzkopf deferred to Representative Bennett.
Representative Bennett moved to suspend the rules which interfere with action on SB 164. The motion was seconded by Representative Scott and adopted by voice vote.
Representative Bennett brought SB 164, jointly sponsored by Senator Peterson & Representative Kowalko & Senator Sokola & Representatives Bennett, Hudson & Carson, before the House for consideration.
SB 164 - AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO PROFESSIONS AND OCCUPATIONS.
Representative Bennett made comments.
The roll call on SB 164 was taken and revealed:
YES: 32.
NOT VOTING: Representatives Cathcart, D. Short & Wilson - 3.
ABSENT: Representatives Brady, Lavelle, Manolakos, Miro, Oberle & Plant - 6.
Therefore, having received a constitutional majority, SB 164 was returned to the Senate.
The Majority Leader moved to recess to the call of the Chair at 12:45 a.m. The House reconvened at 3:09 a.m.
Representative Schwartzkopf deferred to Representative Jaques.
Representative Jaques brought HB 73 w/SA 1, jointly sponsored by Representative Brady & Senator Cook & Representatives Bennett, Hudson, Kowalko, M. Marshall, Mitchell & Ramone & Senators Connor, Hall-Long & McDowell, before the House for consideration.
HB 73 - AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO FINANCIAL ASSISTANCE FOR HIGHER EDUCATION FOR THOSE SERVING IN THE DELAWARE NATIONAL GUARD. (F/N)
Representative Jaques made comments.
The roll call on HB 73 w/SA 1 was taken and revealed:
YES: 41.
Therefore, having received a constitutional majority, HB 73 w/SA 1 was sent to the Senate for concurrence.
Representative Schwartzkopf deferred to Representative Ramone.
Representative Ramone moved to suspend the rules which interfere with introduction of and action on SB 135. The motion was seconded by Representative J. Johnson and adopted by voice vote.
Representative Ramone introduced and brought SB 135, jointly sponsored by Senator Henry & Senators Bunting, Bushweller & Venables & Representatives Bennett, Carson, Hocker & Jaques, before the House for consideration.
SB 135 - AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO PENSIONS FOR STATE POLICE OFFICERS.
The roll call on SB 135 was taken and revealed:
YES: 41.
Therefore, having received a constitutional majority, SB 135 was returned to the Senate.
Representative Ramone an announcement.
Representative Schwartzkopf deferred to Representative D.P. Williams.
Representative D.P. Williams moved to suspend the rules which interfere with introduction of and action on HB 295. The motion was seconded by Representative J. Johnson and adopted by voice vote.
Representative D.P. Williams brought HB 295, jointly sponsored by Senator Cook & Representatives J. Johnson, M. Marshall, Mitchell, Booth & Miro & Senators Ennis, Henry, McBride, Cloutier & Connor, before the House for consideration.
HB 295 - AN ACT MAKING APPROPRIATIONS FOR CERTAIN GRANTS-IN-AID FOR THE FISCAL YEAR ENDING JUNE 30, 2010; SPECIFYING CERTAIN PROCEDURES, CONDITIONS AND LIMITATIONS FOR THE EXPENDITURE OF SUCH FUNDS, AMENDING THE FISCAL YEAR 2010 APPROPRIATIONS ACT; AND AMENDING CERTAIN PERTINENT STATUTORY PROVISIONS. (3/4 bill)
Representative D.P. Williams made comments.
The roll call on HB 295 was taken and revealed:
YES: 41.
Therefore, having received a constitutional majority of at least three-fourths Members of the House, HB 295 was sent to the Senate for concurrence.
The Majority Leader moved to recess to the call of the Chair at 3:24 a.m. The House reconvened at 3:43 a.m.
The Reading Clerk read the following communications into the record:
The Senate wishes to inform the House that it has passed SB 190 & SB 135 and requests the concurrence of the House.
The Senate wishes to inform the House that it has passed HB 201, HB 269, HB 38, HB 36, HB 39 & HB 225 and is returning same to the House.
The Senate wishes to inform the House that it has passed HS 1 for HB 268, HS 1 w/HA2 for HB 267, HB 179, HB 205 w/HA1, HB 187, HB 288, HS 1 for HB 262, HB 139 w/HA1, HS 1 w/HA1 for HB 119 and is returning same to the House.
The Senate wishes to inform the House that it has passed HB 73 w/SA1, HB 275, HB 233 w/SA2 & HA 3, HB 220, HB 138, HS 1 w/HA2 for HB 70, HB 199 w/ HA2, HB 183 w/HA 1 & 2, HB 257, HB 160 w/HA 1 & 2, HB 164 w/HA 1, HS 1 for HB 260, HB 150, HB 161, HB 207, HB 113, HB 191, HB 149, HB 148, HB 133, HB 170, HB 152, HB 46, HB 192, HB 156 w/HA1 & 2, HB 290, HB 72, HJR 6 & HJR 7 and is returning same to the House.
Representative Schwartzkopf deferred to Representative Keeley.
Representative Keeley moved to suspend the rules which interfere with introduction of and action on SB 190. The motion was seconded by Representative Jaques and adopted by voice vote.
Representative Keeley brought SB 190, jointly sponsored by Senator Venables & Senators Blevins, Cook, McDowell, Cloutier, Connor, Simpson & Sorenson & Representatives Mulrooney, Schooley, Viola, Carey & Oberle, before the House for consideration.
SB 190 - A BOND AND CAPITAL IMPROVEMENTS ACT OF THE STATE OF DELAWARE AND CERTAIN OF ITS AUTHORITIES FOR THE FISCAL YEAR ENDING JUNE 30, 2010; AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE STATE; APPROPRIATING FUNDS FROM THE TRANSPORTATION TRUST FUND; APPROPRIATING SPECIAL FUNDS OF THE DELAWARE TRANSPORTATION AUTHORITY; DEAUTHORIZING AND REAUTHORIZING CERTAIN FUNDS OF THE TRANSPORTATION TRUST FUND; APPROPRIATING GENERAL FUNDS AND SPECIAL FUNDS OF THE STATE; REVERTING AND REPROGRAMMING CERTAIN FUNDS OF THE STATE; DIRECTING THE DEPOSIT OF CERTAIN FUNDS TO THE GENERAL FUND; SPECIFYING CERTAIN PROCEDURES, CONDITIONS AND LIMITATIONS FOR THE EXPENDITURE OF SUCH FUNDS; AMENDING CERTAIN PERTINENT STATUTORY PROVISIONS; AND AMENDING THE LAWS OF DELAWARE. (3/4 bill)
The Reading Clerk read the following into the record:DEBT LIMIT STATEMENT FOR FISCAL YEAR 2010
This Debt Limit Statement is to be attached to the Fiscal Year 2010 Bond and Capital Improvement Act as required by §7422, Title 29, Delaware Code.
(1) Estimated Net General Fund revenue for the Fiscal
year ending June 30, 2010 as per the joint resolution
of the House and Senate which will be signed by the
Governor in connection with the adoption of the annual
Budget Appropriation Bill for that fiscal year. $ 3,190.7 million
(2) Multiply by 5%. X__________.05
(3) Maximum aggregate principal amount of tax-
Supported obligations which may be authorized
by the State in the fiscal year ending June 30, 2010. $ 159.5 million
(4) Less: Aggregate principal amount of previously
authorized tax-supported obligations subject to debt limit.
$ 0 million
(5) AVAILABLE DEBT LIMIT prior to appended legislation
(Line 3 minus Line 4). $ 159.5 million
(6) Less: Aggregate principal amount of new tax-
Supported obligations subject to debt limit
to be authorized pursuant to appended legislation. $ 0 million
(7) REMAINING DEBT LIMIT (Line 5 minus Line 6).
$ 159.5 million
Gary M Pfeiffer
June 30, 2009
Representatives Keeley & Oberle made comments.
The roll call on SB 190 was taken and revealed:
YES: 41.
Therefore, having received a constitutional majority of at least three-fourths Members of the House, SB 190 was returned to the Senate.
Representatives Keeley, Cathcart & Oberle made comments.
Mr. Speaker Gilligan made comments.
Representatives Cathcart, D.P. Williams & Schwartzkopf made comments.
The Majority Leader moved to recess to the call of the Chair at 3:57 a.m.
The House reconvened at 2:02 p.m.
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