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Date: 6/15/2010
Session: S2
Legislative Day: 37

Mr. Speaker Gilligan called the House to order at 2:00 p.m. on June 15, 2010.

The Reading Clerk read the following communications into the record:

The Senate wishes to inform the House that it has passed

SB 263 w/SA 1

and requests the concurrence of the House and it has passed

HB 393 w/SA 1

HB 394

and is returning the same to the House.

The Majority Leader moved to adjourn at 2:01 p.m., thereby ending the current legislative day. The House reconvened at 2:02 p.m.

37th LEGISLATIVE DAY - 145th GENERAL ASSEMBLY - Second Session
June 15, 2010

The Chief Clerk called the roll.

Members Present: 41.

A prayer was offered by Representative Ruth Briggs King, Thirty-seventh Representative District.

The House observed a moment of silence in memory of Ann C. Spence, mother of former Speaker of the House Terry R. Spence at the request of Mr. Speaker Gilligan.

Mr. Speaker Gilligan invited David Marvel, Boys State Speaker of the House and Shakeem Nottingham, Boys State Auditor to lead 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 467

- BLAKEY & REPRESENTATIVE CATHCART & REPRESENTATIVE CARSON & SENATOR SIMPSON; REPRESENTATIVES BRIGGS KING, HOCKER, OBERLE, WILSON; SENATORS BUSHWELLER, HENRY, BOOTH - JUDICIARY - An Act to Amend the Laws of Delaware Relating to Naming the Kent County Family Court Building in Honor of Retired Judge David P. Buckson.

HB 469

- D.P. WILLIAMS & REPRESENTATIVE MITCHELL & SENATOR PETERSON; REPRESENTATIVES BARBIERI, BRADY, CAREY, GILLIGAN, KEELEY, LEE, OBERLE; SENATORS BLEVINS, BOOTH, MCBRIDE - JUDICIARY - An Act to Amend Title 11 of the Delaware Code Relating to Compensation for Innocent Victims of Crime.

HB 470

- SCHOOLEY & SENATOR SOKOLA & SENATOR SORENSON; REPRESENTATIVES GEORGE, JAQUES, J. JOHNSON, Q. JOHNSON, KOWALKO, RAMONE, BARBIERI, MITCHELL, VIOLA; SENATORS BLEVINS, CLOUTIER, CONNOR - EDUCATION - An Act to Amend Title 14 of the Delaware Code Relating to Early Childhood Education.

HB 471

- GEORGE & SENATOR BLEVINS - JUDICIARY - An Act to Amend Title 12 of the Delaware Code Relating to Escheats.

HB 472

- OUTTEN & REPRESENTATIVE WILSON & SENATOR BOOTH & SENATOR CONNOR & SENATOR BUNTING; REPRESENTATIVES CATHCART, BRIGGS KING, HOCKER, HUDSON, LAVELLE, OBERLE, CARSON, GEORGE, KOWALKO, Q. JOHNSON, WALLS; SENATORS COOK, PETERSON, SORENSON - HOUSE ADMINISTRATION - An Act to Amend Title 1 of the Delaware Code Establishing a Vietnam Veterans Day.

HB 473

- B. SHORT & SENATOR BLEVINS; SENATOR ENNIS - ECONOMIC DEVELOPMENT/BANKING/INSURANCE & COMMERCE - An Act to Amend Title 18 of the Delaware Code Requiring Property and Casualty Insurers to Annually Submit a Statement of Actuarial Opinion.

HB 474

- KOWALKO & REPRESENTATIVE OBERLE & SENATOR KATZ & SENATOR SOKOLA; REPRESENTATIVES JAQUES, MITCHELL, HUDSON - HOUSE ADMINISTRATION - An Act to Amend Title 29 of the Delaware Code by Creating an Office of Policy Analysis and Government Accountability.

HB 475

- GEORGE & SENATOR BLEVINS - JUDICIARY - An Act to Amend Title 25 of the Delaware Code Relating to the Delaware Uniform Common Interest Ownership Act and the Unit Property Act.

HB 476

- B. SHORT & SENATOR KATZ; REPRESENTATIVES HOCKER,

Q. JOHNSON, KOVACH, LAVELLE, MITCHELL - NATURAL RESOURCES - An Act to Amend Title 7 of the Delaware Code Relating to Fees Chargeable in Connection with Stormwater Discharge.

HB 477

- VIOLA & REPRESENTATIVE HUDSON & SENATOR MARSHALL & SENATOR BONINI - REVENUE & FINANCE - An Act to Amend Title 30 of the Delaware Code Related to the Delaware Wholesale License Fee.

HB 478

- MITCHELL & REPRESENTATIVE D.P. WILLIAMS & REPRESENTATIVE OBERLE & REPRESENTATIVE CATHCART & SENATOR ENNIS; REPRESENTATIVES ATKINS, BARBIERI, BENNETT, HOCKER, JAQUES, LEE, WALLS, WILSON; SENATORS BUSHWELLER, COOK, MARSHALL - PUBLIC SAFETY & HOMELAND SECURITY - An Act to Amend Title 11 of the Delaware Code Relating to the State Trooper Fund, Funded by an Additional Penalty Imposed by Courts for Various Crimes and Offenses.

HB 479

- MITCHELL & REPRESENTATIVE D.P. WILLIAMS & SENATOR BLEVINS & REPRESENTATIVES BRADY, OBERLE, GILLIGAN, KEELEY, BARBIERI, LEE, CAREY, BENNETT; SENATOR MCBRIDE - PUBLIC SAFETY & HOMELAND SECURITY - An Act to Amend Title 11 of the Delaware Code Relating to Police Chief Due Process.

HB 480

- D.E. WILLIAMS & REPRESENTATIVE MULROONEY & SENATOR MCBRIDE; REPRESENTATIVES BARBIERI, JAQUES, Q. JOHNSON, KOVACH, KOWALKO, LONGHURST, MITCHELL; SENATORS CONNOR, SORENSON - NATURAL RESOURCES - An Act to Amend Titles 3, 7, and 29 of the Delaware Code Relating to the Department of Natural Resources and Environmental Control.

HB 481

- KOWALKO & SENATOR HALL-LONG; REPRESENTATIVES ATKINS, BENNETT, KOVACH, LEE; SENATORS BONINI, BOOTH, BUSHWELLER, KATZ - POLICY ANALYSIS & GOVERNMENT ACCOUNTABILITY - An Act to Amend Title 24 Chapter 11 of the Delaware Code Relating to the Board of Dental Examiners.

SB 263 w/SA 1

- SOKOLA & REPRESENTATIVE SCHOOLEY; SENATORS BUNTING, SORENSON; REPRESENTATIVES JAQUES, MIRO, SCOTT - EDUCATION - An Act to Amend Title 14 of the Delaware Code Relating to Teacher Notice and Hearing Protections.

Representatives Atkins, Miro, D. Short, Plant & B. Short requested that they be marked present.

Mr. Speaker Gilligan and Representatives Lavelle & Kowalko made comments.

Mr. Speaker Gilligan introduced guests.

Representative Schwartzkopf deferred to Representative Miro.

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

The Reading Clerk read the following communications into the record:

LEGISLATIVE ADVISORY #43

Governor Jack A. Markell signed the following legislation on the date indicated: 6/8/10 -

SB 234 aab SA 1 & 3

; 6/10/10 -

SB 203

SB 213

SB 214

SB 216

HB 185 aab

HA 1

HB 189

HS 1 for HB 247 aab HA 1, 2 & 4

HB 320 aab HA 1 & 2 & SA 1

HB 321 aab HA 2

HB 345

HB 354

HB 372

HB 373

HB 374

HB 375 aab HA 1

Representative Schwartzkopf deferred to Representative Kowalko.

Representatives D.P. Williams & Mitchell requested that they be marked present.

Representative Kowalko introduced

HB 482

, jointly sponsored by Senator Hall-Long & Representatives Atkins, Bennett, Kovach & Lee & Senators Bonini, Booth, Bushweller & Katz.

HB 482

- AN ACT TO AMEND TITLE 14 AND TITLE 16 OF THE DELAWARE CODE RELATING TO THE DELAWARE HIGHER EDUCATION COMMISSION.

Mr. Speaker Gilligan assigned

HB 482

to the Policy Analysis & Government Accountability Committee.

Representative Kowalko made an announcement.

Representative Schwartzkopf deferred to Representative Longhurst.

Representative Longhurst made an announcement.

Representatives Keeley requested that she be marked present.

Representative Keeley introduced a guest.

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

Representative George made an announcement.

Mr. Speaker Gilligan made an announcement.

The Majority Leader moved to recess for caucus at 2:18 p.m.

The House reconvened at 4:56 p.m.

Representatives Lee, Kovach, Manolakos & Bennett requested that they be marked present.

Representative Schwartzkopf introduced and brought

HR 50

, jointly sponsored by Representative Gilligan & Representative Cathcart & Representative Longhurst on behalf of all Representatives, before the House for consideration.

HR 50

- RECOGNIZING TUESDAY, JUNE 15, 2010 AS STAFF APPRECIATION DAY IN THE HOUSE OF REPRESENTATIVES.

WHEREAS, it is a well known fact that without the dedicated, hard working staff of the Delaware House of Representatives, Legislative Hall would not run smoothly or efficiently; and

WHEREAS, they are often working late only to come in the next morning and do it all again, our dedicated legislative staff are always willing to go the extra mile for their bosses; and

WHEREAS, legislative staff sometimes handle difficult behind-the-scenes work with skill, optimism and enthusiasm, providing necessary support without complaint; and

WHEREAS, whether it be bill stampers, pages, secretaries, legal staff, or full-time staffers, legislative employees each serve a unique role, which blend to make this very fine institution run; and

WHEREAS, legislative staff is such an integral part of the legislative process that this Resolution would not be possible without them.

NOW, THEREFORE:

BE IT RESOLVED by the House of Representatives of the 145th General Assembly of the State of Delaware that we hereby proclaim the greatness of our legislative staff and extend from the bottoms of our hearts, our deepest, most sincere gratitude for all of their hard work and dedication.

BE IT FURTHER RESOLVED that a suitably prepared copy of this resolution NOT be prepared for our dedicated staff because that would be too much work.

Representative Schwartzkopf made comments.

HR 50

was adopted by voice vote.

Representatives Longhurst, D. Short, Lavelle, Schwartzkopf, Cathcart &

D.P Williams made comments.

Mr. Speaker Gilligan made comments.

Representative Schwartzkopf made comments.

Representative Schwartzkopf deferred to Representative Longhurst.

Representative Scott requested that he be marked present.

Representative Longhurst introduced and brought

HCR 53

, jointly sponsored by on behalf of all Representatives & Senator Hall-Long & Senator Marshall on behalf of all Senators, before the House for consideration.

HCR 53

- RECOGNIZING JUNE 15, 2010, AS DELAWARE ELDER ABUSE AWARENESS DAY.

Representative Longhurst made comments.

HCR 53

was adopted by voice vote.

Representative Longhurst brought

HS 1 for HB 348

, jointly sponsored by Senator Hall-Long & Representatives Barbieri, Bennett, Carson, Hudson, J. Johnson, Q. Johnson, Keeley, Mitchell, Mulrooney, Plant, Schooley & Schwartzkopf & Senators Henry & Peterson, before the House for consideration.

HS 1 for HB 348

- AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO SPECIFIC OFFENSES. (2/3 bill) (F/N)

Representative Longhurst brought

HA 1 to HS 1 for HB 348

before the House for consideration.

Representative Longhurst requested that

HA 1 to HS 1 for HB 348

be stricken.

Representative Longhurst brought

HA 2 to HS 1 for HB 348

before the House for consideration.

Representative Longhurst requested that

HA 2 to HS 1 for HB 348

be stricken.

Representative Longhurst introduced and brought

HA 3 to HS 1 for HB 348

before the House for consideration.

Representatives Longhurst & Lavelle made comments.

Representative Longhurst requested and was granted privilege of the floor for James Nutter, Majority House Attorney

Representative Longhurst made comments.

Representative Longhurst requested and was granted privilege of the floor for Marsha J. White, Deputy Attorney General.

HA 3

was adopted by voice vote.

Representatives Longhurst & Lavelle made comments.

Representative Longhurst requested and was granted privilege of the floor for Susan DelPesco, Director, Delaware Health & Social Services.

Representatives Lavelle, Longhurst, Lavelle, Briggs King & Longhurst made comments.

Representative Longhurst requested and was granted privilege of the floor for Marsha J. White, Deputy Attorney General.

Representatives Briggs King & Longhurst made comments.

The roll call on

HS 1 for HB 348 w/HA 3

was taken and revealed:

YES: 40.

NO: Representative Thornburg - 1.

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

HS 1 for HB 348 w/HA 3

was sent to the Senate for concurrence.

Representative Schwartzkopf deferred to Representative Longhurst.

Representative Longhurst brought

HB 392

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

HB 392

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

Representatives Longhurst, Kovach, Miro, Longhurst, B. Short, Oberle, Cathcart, Hudson, Carson, Oberle & B. Short made comments.

The roll call on

HB 392

was taken and revealed:

YES: 21.

NO: Representatives Blakey, Briggs King, Carey, Cathcart, Hocker, Hudson, Lee, Manolakos, Outten, D. Short, Thornburg & Wilson - 12.

NOT VOTING: Representatives Brady, Kovach, Lavelle, Miro, Oberle, Ramone, B. Short & Viola - 8.

Therefore, having received a constitutional majority,

HB 392

was sent to the Senate for concurrence.

Representative Schwartzkopf deferred to Representative George.

Representative George brought

HB 443

, jointly sponsored by Senator McDowell, & Senator Sorenson & Representatives Blakey, Hudson, J. Johnson, Keeley, Kowalko, Lavelle, Miro, Mitchell & B. Short & Senators Cook, Hall-Long &Venables, before the House for consideration.

HB 443

- AN ACT TO AMEND TITLES 10, 11, 16 AND 21 OF THE DELAWARE CODE RELATING TO DRUG LAWS, CRIMES AND CRIMINAL PROCEDURE, SENTENCING ACCOUNTABILITY, COURTS AND JUDICIAL PROCEDURE, AND MOTOR VEHICLES.

Representative George made comments.

Representative George introduced guests.

Representative George introduced and brought

HA 1 to HB 443

before the House for consideration.

Representatives George, Cathcart, Schwartzkopf, Cathcart & Hudson made comments.

The roll call on

HA 1 to HB 443

was taken and revealed:

YES: 22.

NO: Representatives Briggs King, Lee, Outten, D.P. Williams & Wilson - 5.

NOT VOTING: Representatives Atkins, Bennett, Carey, Carson, Cathcart, Hocker, Kovach, Lavelle, Manolakos, Miro, Ramone, D. Short & Thornburg - 13.

ABSENT: Representative Q. Johnson - 1.

Therefore, having received a constitutional majority,

HA 1 to HB 443

was declared passed.

Representative Kovach introduced and brought

HA 2 to HB 443

before the House for consideration.

Representative Kovach, George, D.P. Williams, Keeley, Kovach, Keeley,

J. Johnson, D.P. Williams & Miro made comments.

Representative George requested and was granted privilege of the floor for Richard Andrews, Prosecutor, Department of Justice .

The roll call on

HA 2 to HB 443

was taken and revealed:

YES: 41.

Therefore, having received a constitutional majority,

HA 2 to HB 443

was declared passed.

Representative Kovach introduced and brought

HA 3 to HB 443

before the House for consideration.

Representative Kovach made comments.

Representative Kovach requested that

HA 3 to HB 443

be stricken.

Representative Lavelle made comments.

Representative George requested and was granted privilege of the floor for Richard Andrews, Prosecutor, Department of Justice.

Representatives Lavelle, Manolakos, D.P. Williams, Ramone & Briggs King made comments.

Representative George requested and was granted privilege of the floor for Richard Andrews, Prosecutor, Department of Justice.

Representative George made comments.

The roll call on

HB 443 w/HA 1 & 2

was taken and revealed:

YES: 31.

NO: Representatives Atkins, Bennett, Carson, Walls & Wilson - 5.

NOT VOTING: Representatives Briggs King, Carey, Cathcart & Hocker - 4.

ABSENT: Representative Schwartzkopf - 1.

Therefore, having received a constitutional majority,

HB 443 w/HA 1 & 2

was sent to the Senate for concurrence.

Representative George made comments.

Mr. Speaker Gilligan made comments.

Representative Longhurst deferred to Representative Cathcart.

Representative Cathcart brought

HB 41

, jointly sponsored by Senator Hall-Long & Representatives J. Johnson, Plant, Booth & Manolakos, before the House for consideration.

HB 41

- AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE CREATING A COMMUNITY MENTAL HEALTH TREATMENT ACT. (F/N)

Representative Cathcart brought

HA 1 to HB 41

before the House for consideration.

Representative Cathcart made comments.

Representative Cathcart requested and was granted privilege of the floor for Russ Larson, Controller General.

Mr. Speaker Gilligan & Representative Cathcart made comments.

Representative Cathcart requested and was granted privilege of the floor for Deborah Gottschalk, Policy Advisor, Delaware Health & Social Services.

Representative Cathcart made comments.

HA 1

was adopted by voice vote.

Representatives Cathcart & J. Johnson made comments.

The roll call on

HB 41 w/HA 1

was taken and revealed:

YES: 39.

ABSENT: Representatives Plant & D.P. Williams - 2.

Therefore, having received a constitutional majority,

HB 41 w/HA 1

was sent to the Senate for concurrence.

Representative Cathcart made comments.

Representative Schwartzkopf deferred to Representative Barbieri.

Representative Barbieri brought

HB 455

, jointly sponsored by Representative Longhurst & Senator Henry & Representative Keeley & Senators Katz & Sorenson, before the House for consideration.

HB 455

- AN ACT TO AMEND TITLE 12 OF THE DELAWARE CODE RELATING TO DURABLE POWERS OF ATTORNEY AND ADDING A CHAPTER 49A THERETO RELATING TO DURABLE PERSONAL POWERS OF ATTORNEY.

Representatives Barbieri & Kovach made comments.

The roll call on

HB 455

was taken and revealed:

YES: 39.

ABSENT: Representatives Plant & D.P. Williams - 2.

Therefore, having received a constitutional majority,

HB 455

was sent to the Senate for concurrence.

Representative Barbieri requested and was granted personal privilege of the floor to introduce a guest.

Representatives Longhurst & Schwartzkopf made comments.

Representative Schwartzkopf deferred to Representative Blakey.

Representative Blakey brought

HB 431

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

HB 431

- AN ACT TO AMEND CHAPTER 189, VOLUME 43, LAWS OF DELAWARE, AS AMENDED, RELATING TO THE CHARTER OF THE TOWN OF WYOMING. (2/3 bill)

Representative Blakey introduced and brought

HA 1 to HB 431

before the House for consideration.

Representative Blakey introduced and brought

HA 1 to HA 1 to HB 431

before the House for consideration.

Representative Blakey made comments.

HA 1

to HA 1

was adopted by voice vote.

Representative Blakey made comments.

HA 1

was adopted by voice vote.

Representatives Blakey, Schwartzkopf, Oberle, Blakey & Cathcart made comments.

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

Representatives Cathcart & Oberle made comments.

The roll call on

HB 431 w/HA 1 & HA 1 to HA 1

was taken and revealed:

YES: 39.

ABSENT: Representatives Plant & D.P. Williams - 2.

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

HB 431 w/HA 1 & HA 1 to HA 1

was sent to the Senate for concurrence.

Representative Schwartzkopf deferred to Representative Kowalko.

Representative Kowalko brought

SB 44 w/SA 1

, jointly sponsored by Senator Sokola & Senators Bonini, Bushweller, Connor & Katz & Representatives Atkins, Bennett, Lee & Thornburg, before the House for consideration.

SB 44

- AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO CONFIDENTIALITY OF PERSONAL HEALTH INFORMATION.

Representative Kowalko made comments.

The roll call on

SB 44 w/SA 1

was taken and revealed:

YES: 39.

ABSENT: Representatives Plant & D.P. Williams - 2.

Therefore, having received a constitutional majority,

SB 44 w/SA 1

was returned to the Senate.

Representative Schwartzkopf deferred to Representative Scott.

Representative Scott brought

HB 420

, jointly sponsored by Senator Blevins & Representatives Jaques, Q. Johnson, Keeley, Mitchell, B. Short & D. Short & Senators Bushweller, Ennis, Hall-Long & Henry, before the House for consideration.

HB 420

- AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO HEALTH INSURANCE

Representative Scott introduced and brought

HA 1 to HB 420

before the House for consideration.

Representative Scott made comments.

HA 1

was adopted by voice vote.

Representatives Scott, Oberle, D. Short & Scott made comments.

The roll call on

HB 420 w/HA 1

was taken and revealed:

YES: 39.

ABSENT: Representatives Plant & D.P. Williams - 2.

Therefore, having received a constitutional majority,

HB 420 w/HA 1

was sent to the Senate for concurrence.

Mr. Speaker Gilligan reassigned

HJR 12

to the House Administration Committee.

Mr. Speaker Gilligan assigned

HB 441

to the Appropriations Committee.

Representatives Schwartzkopf, Mulrooney, Mitchell & Viola made announcements.

Representative Keeley requested that

HB 315

be stricken.

Representative Kowalko requested that

HB 474

be stricken.

Representative B. Short requested that

HB 377

be stricken.

Representative B. Short made comments.

Representative Kowalko made an announcement.

Representative Schwartzkopf deferred to Representative Q. Johnson.

Representative Q. Johnson introduced

HS 1 for HB 435

, jointly sponsored by Representative Cathcart & Senator Hall-Long & Senator Ennis & Representatives Carson, George, Keeley, Lee, Miro & B. Short & Senators Blevins, Connor, Peterson & Sorenson.

HS 1 for HB 435

- AN ACT TO AMEND TITLE 24 OF THE DELAWARE CODE RELATING TO THE BOARD OF CHIROPRACTIC.

Mr. Speaker Gilligan assigned

HS 1 for HB 435

to the Economic Development/

Banking/Insurance & Commerce Committee.

Mr. Speaker Gilligan made an announcement.

Representatives B. Short & Schooley made announcements.

Representative Schwartzkopf deferred to Representative Carson.

Representative Carson introduced

HB 483

, jointly sponsored by Senator Connor & Senator Ennis & Representatives Jaques, Keeley, Thornburg &Walls & Senators Hall-Long & Sorenson.

HB 483

- AN ACT TO AMEND TITLE 20 OF THE DELAWARE CODE RELATING TO THE DELAWARE NATIONAL GUARD.

Mr. Speaker Gilligan assigned

HB 483

to the Veterans Affairs Committee.

The Majority Leader moved to recess to the call of the Chair at 7:23 p.m.

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