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Date:
5/6/2010
Session:
S2
Legislative Day:
27
Mr. Speaker Gilligan called the House to order at 2:03 p.m. on May 6, 2010.
Representatives Carey, Kovach, D.E. Williams & Carson requested that they be marked present for the current Legislative Day.
The Chief Clerk read the following committee reports into the record:
JUDICIARY:
SB 220
- 4F,2M.
MANUFACTURED HOUSING:
HB 391
- 3M;
HB 392
- 3M.
ECONOMIC DEVELOPMENT/BANKING/INSURANCE/COMMERCE:
SB 209 w/SA 1
- 4F,3M;
SB 216
- 4F,3M.
EDUCATION:
HB 379
- 9M;
HB 386
- 9M;
HB 387
- 10M.
CORRECTIONS:
SB 203
- 1F,5M.
NATURAL RESOURCES:
SB 234 w/SA 1 & 3
- 2F,5M.
PUBLIC SAFETY & HOMELAND SECURITY:
HB 383
- 1F,6M;
SB 212 w/SA 1, 2 & 3
- 1F,7M;
SB 218
- 1F,7M.
HEALTH & HUMAN DEVELOPMENT:
HB 382
- 2F,5M.
HOUSE ADMINISTRATION:
HB 361
- 1F,3M;
HB 381
- 4M;
HB 393
- 4M;
HB 394
- 4M;
HB 395
- 4M.
TRANSPORTATION/LAND USE AND INFRASTRUCTURE:
SB 214
- 4F.
The Reading Clerk read the following communications into the record:
The Senate wishes to inform the House that it has passed
SB 41 w/SA 1
and requests the concurrence of the House and the Senate has passed
HB 356 w/SA 1
and is returning same to the House.
May 5, 2010
LEGISLATIVE ADVISORY #39
Governor Jack Markell signed the following legislation on the date indicated: 4/29/10 -
HB 243 aab SA 1 & 2
; 5/3/10 -
SB 192
,
HB 308
,
HB 314 aab SA 1
&
HB 341
.
MEMORANDUM
DATE:
MAY 5, 2010
TO:
RICH PUFFER, CHIEF CLERK OF THE HOUSE
FROM:
PETER SCHWARTZKOPF, Representative, 14TH DISTRICT
RE:
REQUEST HB 5 BE RETURNED TO THE HOUSE OF REPRESENTATIVES
As the sponsor of HB 5, I would ask that you please contact the Senate and request the
bill be returned to the House of Representatives. In light of the adoption of SB 121 it
seems prudent to strike HB 5, and I plan to do so upon its return.
Thank you for your time and consideration.
MEMORANDUM
TO: Bernard J. Brady
Secretary of the Senate
FROM: Richard L. Puffer
Clerk of the House
DATE: May 5, 2010
RE: Request for the Return of House Bill 5 to the House of Representatives
At the request of the House Prime Sponsor, Representative Peter C. Schwartzkopf, I
respectfully request the return of House Bill 5 to the House of Representatives.
Thank you for your attention to this request.
TO: Richard L. Puffer
Clerk of the House
FROM: Bernard J. Brady
Secretary of the Senate
DATE: May 5, 2010
RE: HB 5
Attached please find the original of HB 5. Senator Anthony J. DeLuca, Chair of
the Executive Committee, to which HB 5 was assigned, has returned the same to the Office of the Secretary for delivery to the House as requested.
Representative Schwartzkopf brought
HB 5 w/HA 1
, jointly sponsored by Representative Keeley & Representative Oberle & Senator Sokola & Senator McDowell & Senator Sorenson & Representatives Barbieri, Gilligan, Jaques, J. Johnson, Kowalko, Longhurst, M. Marshall, Mitchell, Mulrooney, Plant, Schooley, B. Short, Viola,
D.E. Williams, D.P. Williams & Senators Blevins, Bunting, Bushweller, Henry & Peterson, before the House for consideration.
HB 5
- AN ACT TO AMEND TITLES 6, 9,18, 19, 25 AND 29 OF THE DELAWARE CODE RELATING TO DISCRIMINATION IN EMPLOYMENT, PUBLIC WORKS CONTRACTING, HOUSING, EQUAL ACCOMMODATIONS AND THE INSURANCE BUSINESS.
Representative Schwartzkopf requested that
HB 5 w/HA 1
be stricken.
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.
27th LEGISLATIVE DAY - 145th GENERAL ASSEMBLY - Second Session
May 6, 2010
The Chief Clerk called the roll.
Members Present: 40.
Members Absent: Representatives Manolakos - 1.
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 for the previous two legislative days were approved as posted.
The following prefiled legislation was introduced:
HB 396
- SCHOOLEY & SENATOR SOKOLA; REPRESENTATIVES BARBIERI, CARSON, JAQUES, Q. JOHNSON, LAVELLE, LONGHURST, MITCHELL, HUDSON, MIRO, RAMONE; SENATORS ENNIS, MCDOWELL - EDUCATION - An Act to Amend Title 14 of the Delaware Code Relating to Education.
HB 397
- SCHWARTZKOPF & SENATOR BUNTING; REPRESENTATIVES HOCKER, JAQUES, KEELEY, LONGHURST, WILSON - PUBLIC SAFETY & HOMELAND SECURITY - An Act to Amend Title 21 of the Delaware Code Relating to Special License or Registration Plates.
HB 398
- OUTTEN & SENATOR COOK; REPRESENTATIVES CAREY, HOCKER, HUDSON, THORNBURG, MITCHELL; SENATORS BUNTING, SIMPSON, BOOTH - NATURAL RESOURCES - An Act to Amend Title 7 of the Delaware Code Relating to Extension of Muskrat Season.
HA 1 to HB 180
- HUDSON - Placed with the Bill.
HA 1 to HB 389
- HUDSON - Placed with the Bill.
SB 41 w/SA 1
- BLEVINS & SENATOR SORENSON & REPRESENTATIVE M. MARSHALL; SENATORS CONNOR, HALL-LONG, HENRY, PETERSON; REPRESENTATIVES BARBIERI, BENNETT, JAQUES, Q. JOHNSON, LAVELLE, KEELEY, KOWALKO, MIRO, MITCHELL, OBERLE, RAMONE, SCHOOLEY, SCOTT - EDUCATION - An Act to Amend Title 14 of the Delaware Code Relating to Foster Care and the SEED Program.
Representative Schwartzkopf introduced and brought
HCR 42
, jointly sponsored by Representative Gilligan & Representative Longhurst & Representative Cathcart & Representative D. Short on behalf of all Representatives & Senator DeLuca & Senator Blevins & Senator Henry & Senator Simpson & Senator Sorenson on behalf of all Senators, before the House for consideration.
HCR 42
- EXTENDING SINCERE THANKS TO THE CAREER AND TECHNICAL STUDENT ORGANIZATIONS OF DELAWARE FOR THE PRESENTATION OF THE BEAUTIFUL GERANIUMS AND EXTENDING BEST WISHES FOR MUCH SUCCESS TO EACH OF THESE EXEMPLARY STUDENTS.
Representative Schwartzkopf made comments.
HCR 42
was adopted by voice vote.
Representative Schwartzkopf requested and was granted privilege of the floor for Frank Ingram, Education Specialist, Career & Technical Student Organizations.
Representative Carey requested that he be marked present.
Mr. Ingram addressed the House. Amber Bullock, State President, Future Farmers of America; Natilie Miller, State Vice President, SkillsUSA; Steven Vanderloo, State President, Technology Student Association; Amy Micklos, State President, Family, Career & Community Leaders of America & Hunter McHugh, State President, DECA - An Association of Marketing Students addressed the House.
Representatives Thornburg, Briggs King, Wilson, Schooley & Miro made comments. The students announced their names & schools for the record.
Representative Schwartzkopf introduced and brought
HCR 43
, jointly sponsored on behalf of all Representatives & Senator DeLuca on behalf of all Senators, before the House for consideration.
HCR 43
- COMMENDING THE NOMINEES FOR THE 2010 DELAWARE AWARD FOR EXCELLENCE AND COMMITMENT IN STATE SERVICE.
WHEREAS, over 16,000 State of Delaware employees provide critical services to the people of Delaware; and
WHEREAS, each year the governor honors State employees who have delivered a superlative level of public service; and
WHEREAS, each day people working for the State of Delaware perform tasks that protect our environment, safeguard public health and safety, and execute other vital and necessary functions that keep our citizens well-served by their State government; and
WHEREAS, the level of dedication demonstrated by those nominated for the 2010 Delaware Award for Excellence and Commitment in State Service exceeds the already high standards of their colleagues; and
WHEREAS, the nominees for recognition for this achievement in 2010 include:
Eric Austin, Kimberly, Judy, Karen Bounds, Lisa M. Shaw, John McCartney, Alan Nold, Sheng Yang, John Nauman, Reagan Paquette, Edward M. McWilliams, Robert Weakland, Robert Daniel, John Larouche, Kelli Stepler, Jowonna Thomas,
Hope LaChance, Denise Hudson, Joyce Adkins, Bobbie L. Fisher, Ben McQueen, William Craig Watson, Brenda J. Solloway, Robert G. Cooke, Mary B. Parker,
Robert L. Ragin, Vernon Kirk and Monica Farrell.
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 we hereby honor the nominees for the 2010 Delaware Award for Excellence and Commitment in State service and offer them our gratitude for a job well done.
BE IT FURTHER RESOLVED that copies of this Resolution be presented to the award nominees.
Representative Schwartzkopf made comments.
HCR 43
was adopted by voice vote.
Representative Jaques requested that
HB 370
be stricken.
Representative Schwartzkopf deferred to Representative Kowalko.
Representative Kowalko introduced a guest.
Representative Schwartzkopf made an announcement.
Representatives Schooley, Keeley, Outten & Mulrooney requested that they be marked present.
The Majority Leader moved to recess for caucus at 2:36 p.m.
The House reconvened at 5:13 p.m.
Representative Schwartzkopf deferred to Representative Keeley.
Representative Keeley brought
SB 157 w/SA 1
, jointly sponsored by Senator Peterson & Representatives Ramone, Keeley, Oberle, Lavelle & Manolakos & Senators Bonini & McDowell, before the House for consideration.
SB 157
- AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO RESIDENTIAL HOMES AND EXEMPTIONS.
Representative Keeley made comments.
Representative Keeley requested and was granted privilege of the floor for William F. Jaworski, Jr., Attorney.
Representative Keeley made comments.
The roll call on
SB 157 w/SA 1
was taken and revealed:
YES: 39.
ABSENT: Representatives Kovach & Manolakos - 2.
Therefore, having received a constitutional majority,
SB 157 w/SA 1
was returned to the Senate.
Representatives Atkins, Hocker, Mulrooney, Oberle, Plant & Viola requested that they be marked present during the roll call.
Representative Schwartzkopf deferred to Representative Longhurst.
Representative Longhurst brought
HB 381
, jointly sponsored by Senator McDowell & Representatives Barbieri, Carson, George, J. Johnson, Q. Johnson, Keeley, Kowalko, Mitchell, Plant, Schooley, Schwartzkopf, Scott, B. Short, Viola, Walls,
D.E. Williams & D.P. Williams & Senators Blevins, Hall-Long & Katz, before the House for consideration.
HB 381
- AN ACT TO AMEND TITLE 15 OF THE DELAWARE CODE RELATING TO ELECTIONS.
Representative Longhurst made comments.
The roll call on
HB 381
was taken and revealed:
YES: 27.
NO: Representatives Briggs King, Cathcart, Hocker, Lavelle, Lee, Miro, Oberle, Outten & Wilson - 9.
NOT VOTING: Representatives Hudson, Ramone & Thornburg - 3.
ABSENT: Representatives Kovach & Manolakos - 2.
Therefore, having received a constitutional majority,
HB 381
was sent to the Senate for concurrence.
Representatives Kowalko & Lavelle made comments regarding
HB 381
Representative Schwartzkopf deferred to Representative Longhurst.
Representative Longhurst brought
HB 105 w/HA 2 & SA 2,
jointly sponsored by Representative Longhurst, before the House for consideration.
HB 105
- AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO MANUFACTURED HOUSING IN THE STATE OF DELAWARE.
Representative Cathcart made comments.
Representative Longhurst moved to place
HB 105 w/HA 2 & SA 2
on the Speaker's Table. The motion was seconded by Representative Schwartzkopf and adopted by voice vote.
Representative Schwartzkopf deferred to Representative J. Johnson.
Representative J. Johnson brought
HB 338
, jointly sponsored by Senator Ennis & Senator Henry & Senator Sorenson & Senator Venables & Representatives Barbieri, Kowalko, Plant, Schooley & Scott, before the House for consideration.
HB 338
- AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE CLASSIFICATION OF OFFENSES AND SENTENCES.
Representative J. Johnson brought
HA 1 to HB 338
before the House for consideration.
Representative J. Johnson made a comment.
HA 1
was adopted by voice vote.
Representative J. Johnson made comments.
The roll call on
HB 338 w/HA 1
was taken and revealed:
YES: 39.
ABSENT: Representatives Kovach & Manolakos - 2.
Therefore, having received a constitutional majority,
HB 338 w/HA 1
was sent to the Senate for concurrence.
Representative Schwartzkopf deferred to Representative Q. Johnson.
Representative Q. Johnson brought
HB 383
, jointly sponsored by Senator Ennis & Senator Hall-Long & Representatives Brady, Hudson, Miro, D. Short, Thornburg, Walls & Wilson & Senators Bushweller & Marshall, before the House for consideration.
HB 383
- AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO REGISTRATION OF VEHICLES.
Representatives Q. Johnson & Lavelle made comments.
The roll call on
HB 383
was taken and revealed:
YES: 39.
ABSENT: Representatives Kovach & Manolakos - 2.
Therefore, having received a constitutional majority,
HB 383
was sent to the Senate for concurrence.
Representative Schwartzkopf deferred to Representative Keeley.
Representative Keeley requested and was granted personal privilege of the floor to introduce a guest.
Representative Oberle made comments.
Representative Schwartzkopf deferred to Representative Q. Johnson.
Representative Q. Johnson brought
HB 386
, jointly sponsored by Senator Sokola & Representatives Barbieri, George, Jaques, J. Johnson, Keeley, Kovach, Lavelle, Ramone & Schooley & Senators Henry & Sorenson, before the House for consideration.
HB 386
- AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO SCHOOL BOARDS.
Representative Q. Johnson made comments.
The roll call on
HB 386
was taken and revealed:
YES: 39.
ABSENT: Representatives Kovach, Manolakos - 2.
Therefore, having received a constitutional majority,
HB 386
was sent to the Senate for concurrence.
Representative Schwartzkopf deferred to Representative Q. Johnson.
Representative Q. Johnson brought
HB 387
, jointly sponsored by Senator Sokola & Representatives Barbieri, George, Gilligan, Jaques, J. Johnson, Keeley, Kovach, Lavelle, Longhurst, Ramone, Schooley, Scott & Viola & Senators Ennis, Hall-Long, Henry, Katz & Sorenson, before the House for consideration.
HB 387
- AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATION.
Representative Q. Johnson made comments.
The roll call on
HB 387
was taken and revealed:
YES: 39.
ABSENT: Representatives Kovach & Manolakos - 2.
Therefore, having received a constitutional majority,
HB 387
was sent to the Senate for concurrence.
Representative Schwartzkopf deferred to Representative Longhurst.
Representative Longhurst moved to lift
HB 105 w/HA 2 & SA 2
from the Speaker's Table. The motion was seconded by Representative Schwartzkopf and adopted by voice vote.
Representative Longhurst brought
HB 105 w/HA 2 & SA 2,
jointly sponsored by Representative Longhurst, before the House for consideration.
HB 105
- AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO MANUFACTURED HOUSING IN THE STATE OF DELAWARE.
Representative Longhurst made a comment .
Representative Hocker announced that he will not be voting on
HB 105 w/HA 2 & SA 2
because of a possible conflict of interest.
Representatives Oberle & Longhurst made comments.
The roll call on
HB 105 w/HA 2 & SA 2
was taken and revealed:
YES: 38.
NOT VOTING: Representative Hocker - 1.
ABSENT: Representatives Kovach & Manolakos - 2.
Therefore, having received a constitutional majority,
HB 105 w/HA 2 & SA 2
was sent to the Senate for concurrence.
Representative Schwartzkopf deferred to Representative Barbieri.
Representative Barbieri brought
HB 351 w/SA 1
, jointly sponsored by Senator Henry & Representatives Atkins, Briggs King, Carey, Carson, Cathcart, Gilligan, Hocker, Hudson, Jaques, J. Johnson, Q. Johnson, Kovach, Kowalko, Lee, Manolakos, Miro, Mitchell, Oberle, Outten, Ramone, Schwartzkopf, D. Short, Walls, D.E. Williams & Wilson & Senators Bushweller, Hall-Long & Sorenson, 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.
Representative Barbieri made comments.
The roll call on
HB 351 w/SA 1
was taken and revealed:
YES: 39.
ABSENT: Representatives Kovach & Manolakos - 2.
Therefore, having received a constitutional majority,
HB 351 w/SA 1
was sent to the Senate for concurrence.
Representative Schwartzkopf deferred to Representative Scott.
Representative Scott introduced
HB 399
, jointly sponsored by Representative Carson & Representative Bennett & Senator Bushweller & Senator Ennis & Representatives George, J. Johnson, Jaques, Plant, Schooley, D.P. Williams, Barbieri, Gilligan, Mitchell, Oberle, Thornburg, Blakey, Q. Johnson, Kowalko & Keeley & Senators Sokola, Henry, Hall-Long, Bunting & Peterson.
HB 399
- AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO EDUCATION.
Mr. Speaker Gilligan assigned
HB 399
to the Education Committee.
Representative Scott made comments regarding
HB 399
.
Mr. Speaker Gilligan wished a Happy Mothers’ Day to Representatives Hudson, Briggs King, Longhurst, Schooley, Thornburg & Plant.
Representative Scott made an announcement.
The Majority Leader moved to recess to the call of the Chair at 5:58 p.m.
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