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House
Journal Document
Date:
5/4/2010
Session:
S2
Legislative Day:
25
Mr. Speaker Gilligan called the House to order at 2:02 p.m. on May 4, 2010.
The Reading Clerk read the following communications into the record:
The Senate wishes to inform the House that it has passed
SB 234 w/SA 1 & SA 3
,
SB 198
&
SA 193
and requests the concurrence of the House and the Senate has passed
HB 328 w/HA 1
,
HCR 36
,
HCR 38
&
HCR 39
and is returning same to the House.
Representative Schwartzkopf deferred to Representative Hocker.
Representative Hocker made comments.
Representative Hocker introduced
HB 393
, jointly sponsored by Senator Bunting.
HB 393
- 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)
Mr. Speaker Gilligan assigned
HB 393
to the House Administration Committee.
Representative Schwartzkopf made an announcement.
Representative Hocker introduced
HB 394
, jointly sponsored by Senator Bunting.
HB 394
- 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)
Mr. Speaker Gilligan assigned
HB 394
to the House Administration Committee.
Representative Hocker introduced
HB 395,
jointly sponsored by Senator Bunting.
HB 395
- AN ACT TO AMEND VOLUME 65, CHAPTER 295, LAWS OF DELAWARE, AN ACT TO REINCORPORATE THE TOWN OF BETHANY BEACH REGARDING THE REFERENDUM POWER, AND TO ALLOW NATURAL PERSONS HOLDING TITLE TO REAL ESTATE AS TRUSTEE, TO VOTE IN MUNICIPAL ELECTIONS; AND PLACING A LIMIT ON THE TOTAL NUMBER OF PERSONS WHO MAY QUALIFY TO VOTE AS A "NONRESIDENT PROPERTY OWNER" TO A MAXIMUM OF EIGHT PERSONS PER PROPERTY. (2/3 bill)
Mr. Speaker Gilligan assigned
HB 395
to the House Administration Committee.
The Majority Leader moved to adjourn at 2:06 p.m., thereby ending the current legislative day. The House reconvened at 2:07 p.m.
25th LEGISLATIVE DAY - 145th GENERAL ASSEMBLY - Second Session
May 4, 2010
The Chief Clerk called the roll.
Members Present: 40.
Members Absent: Representatives Hudson- 1.
A prayer was offered by Representative Darryl M. Scott, Thirty-first 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 388
- HUDSON & REPRESENTATIVE MITCHELL & SENATOR BLEVINS; REPRESENTATIVES D. SHORT, HOCKER, KOVACH, LEE, MANOLAKOS, GILLIGAN, Q. JOHNSON, VIOLA; SENATORS SIMPSON, BOOTH - PUBLIC SAFETY & HOMELAND SECURITY - An Ac to Amend Title 21 of the Delaware Code Relating to the Registration of Motor Vehicles.
HB 389
- VIOLA & SENATOR HENRY; REPRESENTATIVES BARBIERI, BRADY, MITCHELL, D.E. WILLIAMS - GAMING & PARI-MUTUELS - An Act to Amend Title 29 of the Delaware Code Relating to Lotteries.
HB 390
- B. SHORT & SENATOR KATZ; REPRESENTATIVES BENNETT, BRIGGS KING, GILLIGAN, HOCKER, Q. JOHNSON, KOVACH, LAVELLE, RAMONE, SCOTT, D. SHORT, WILSON; SENATORS BOOTH, HENRY - ECONOMIC DEVELOPMENT/BANKING/INSURANCE & COMMERCE - An Act to Amend Title 29 of the Delaware Code Relating to the Regulatory Flexibility Act and the Administrative Procedures Act.
HB 392
- LONGHURST & SENATOR ENNIS - MANUFACTURED HOUSING - An Act to Amend Title 25 of the Delaware Code Relating to Manufactured Home Communities.
HA 1 to HB 235
- CARSON - Placed with the Bill.
HA 2 to HB 326
- SCHWARTZKOPF - Placed with the Bill.
SB 193
- BUSHWELLER & REPRESENTATIVE MITCHELL; SENATORS HENRY, SORENSON, SOKOLA, ENNIS; REPRESENTATIVES KOVACH,
B. SHORT, LAVELLE, HUDSON, SCHOOLEY, JAQUES, OUTTEN, BENNETT, WILSON, CAREY, HOCKER, D. SHORT - PUBLIC SAFETY & HOMELAND SECURITY - An Act to Amend Title 21 of the Delaware Code Relating to Motor Vehicles.
SB 198
- BUSHWELLER & REPRESENTATIVE MITCHELL; SENATORS HENRY, SOKOLA, ENNIS; REPRESENTATIVES KEELEY, LAVELLE, HUDSON, MIRO, BENNETT, WILSON, CAREY, D. SHORT - PUBLIC SAFETY & HOMELAND SECURITY - An Act to Amend Title 21 of the Delaware Code Relating to Vehicles.
SB 234 w/SA 1 & SA 3
- MCBRIDE & REPRESENTATIVE MULROONEY; 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 - NATURAL RESOURCES - An Act to Amend Titles 7 and 30 of the Delaware Code Relating to Recycling and Beverage Containers.
Representative Mulrooney requested that he be marked present.
Representative Schwartzkopf deferred to Representative Scott.
Representative Scott requested and was granted privilege of the floor for Dr. Susanna Lee, President, Jobs for Delaware Graduates, who addressed the House. Dayanna Chapnell, State Vice President & Courtney Everett, State Treasurer addressed the House.
Representative Scott made comments.
Representatives Kovach, Cathcart, Wilson & Manolakos requested that they be marked present.
Representative Miro made comments.
Representative Schwartzkopf deferred to Representative B. Short.
Representative B. Short requested and was granted privilege of the floor for Palash Gupta, Vice President, Delaware Asian American Business Association, who addressed the House.
Representative B. Short introduced guests.
The Reading Clerk read the following communications into the record:
May 4, 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 4, 2010, because of personal family business.
Thank you for your understanding.
Sincerely,
Deborah D. Hudson
State Representative
12th District
Reminder
TO:
Richard L. Puffer, Chief Clerk of the House
Bernard Brady, Secretary of the Senate
FROM:
Deborah A. Porter
Acting Director
DATE:
May 4, 2010
RE: POLICEMEN’S MEMORIAL - APPROVAL HAS BEEN GRANTED TO USE THE WEST SIDE OF LEGISLATIVE HALL PARKING SPACES.
Please make an announcement on the floor reminding everyone that Legislative Avenue
will be closed and parking on the west side of Legislative Hall will be interrupted for the annual Policemen’s Memorial scheduled for
Wednesday, May 5, 2010 at 12:00 until approximately 1:30 PM. To prepare for the event the streets will be closed from 10:00 a.m. to 2:00 p.m.
This event has been approved by both the Chair and Co Chair of Legislative Council.
Representative Schwartzkopf made comments.
Representative Schwartzkopf deferred to Representative Longhurst.
Representative Longhurst introduced
HB 391
, jointly sponsored by Senator Ennis.
HB 391
- AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO MANUFACTURED HOME COMMUNITIES.
Mr. Speaker Gilligan assigned
HB 391
to the Manufactured Housing Committee.
Representatives Longhurst & Schwartzkopf made announcements.
Representative Schwartzkopf deferred to Representative Mitchell.
Representative Mitchell, Mr. Speaker Gilligan & Representative Schwartzkopf made comments.
The Majority Leader moved to recess for caucus at 2:32 p.m.
The House reconvened at 3:41 p.m.
Representatives Thornburg & D.P. Williams requested that they be marked present.
Representative Schwartzkopf deferred to Representative Bennett.
Representative Bennett brought
HB 380
, jointly sponsored by Representative
B. Short & Senator Cook & Representatives Atkins, Barbieri, Brady, Briggs King, Carey, Carson, Cathcart, George, Gilligan, Hudson, Jaques, Q. Johnson, Keeley, Kovach, Kowalko, Lee, Mitchell, Outten, Ramone, Scott, D. Short, Viola, Walls, D.E. Williams, D.P. Williams, Wilson & Senators Blevins, Bunting, DeLuca, Hall-Long, Katz, Marshall, McDowell, Simpson, Sokola & Sorenson, before the House for consideration.
HB 380
- AN ACT TO AMEND TITLE 30 OF THE DELAWARE CODE RELATING TO ECONOMIC DEVELOPMENT INCENTIVES. (F/N)
Representatives Bennett & Miro made comments.
Mr. Speaker Gilligan requested and was granted privilege of the floor for Russell T. Larson, Controller General.
Representatives Kovach & Hocker made comments.
Representative Bennett requested and was granted privilege of the floor for Alan Levin, Director, Delaware Economic Development Office.
Representatives Kovach, Ramone & Bennett made comments.
The roll call on
HB 380
was taken and revealed:
YES: 40.
ABSENT: Representative Hudson - 1.
Therefore, having received a constitutional majority,
HB 380
was sent to the Senate for concurrence.
Representative Oberle requested that he be marked present during the roll call.
Representative Schwartzkopf deferred to Representative Mitchell.
Representative Mitchell brought
SB 217
, jointly sponsored by Senator Blevins & Representative Mitchell & Senator Ennis & Representative J. Johnson, before the House for consideration.
SB 217
- AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO THE TIMING OF AN INITIAL HEARING BEFORE A JUDGE OF A PERSON WHO IS TEMPORARILY INCAPACITATED.
Representative Mitchell introduced and brought
HA 1 to SB 217
before the House for consideration.
Representatives Mitchell & Cathcart made comments.
HA 1
was adopted by voice vote.
The roll call on
SB 217 w/HA 1
was taken and revealed:
YES: 40.
ABSENT: Representative Hudson - 1.
Therefore, having received a constitutional majority,
SB 217 w/HA 1
was returned to the Senate.
Representative Schwartzkopf brought
HB 326
, jointly sponsored by Representative Atkins & Representative Keeley & Senator Bunting & Senator Blevins & Senator Peterson & Senator Connor, before the House for consideration.
HB 326
- AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO HEALTHCARE MEDICAL NEGLIGENCE INSURANCE AND LITIGATION.
Representative Lavelle brought
HA 1 to HB 326
before the House for consideration.
Representatives Lavelle, Kovach, Oberle, Schwartzkopf & Lavelle made comments.
The roll call on
HA 1 to HB 326
was taken and revealed:
YES: Representatives Blakey, Briggs King, Carey, Cathcart, Hocker, Keeley, Kovach, Lavelle, Lee, Manolakos, Miro, Oberle, Outten, Ramone, D. Short, Thornburg & Wilson - 17.
NO: 22.
NOT VOTING: Representative Q. Johnson - 1.
ABSENT: Representative Hudson - 1.
Therefore, not having received a constitutional majority,
HA 1 to HB 326
was declared defeated.
Representative Schwartzkopf brought
HA 2 to HB 326
before the House for consideration.
Representatives Schwartzkopf made comments.
HA 2
was adopted by voice vote.
Representative Schwartzkopf, Cathcart, Kovach, Lavelle, D.P. Williams, Schwartzkopf, Lavelle, D. Short & Briggs King made comments.
Representative Schwartzkopf requested and was granted privilege of the floor for James Nutter, Majority House Attorney.
Representatives Briggs King, Lavelle, Oberle, Cathcart, Kovach, Oberle, Schwartzkopf, Oberle, Cathcart & Schwartzkopf made comments.
Representative Cathcart requested and was granted privilege of the floor for James Nutter, Majority House Attorney.
Representatives Lavelle & Kovach made comments.
The roll call on
HB 326 w/HA 2
was taken and revealed:
YES: 36.
NO: Representatives Kovach & Lavelle - 2.
NOT VOTING: Representatives D. Short & Wilson - 2.
ABSENT: Representative Hudson - 1.
Therefore, having received a constitutional majority,
HB 326 w/HA 2
was sent to the Senate for concurrence.
Representative Schwartzkopf deferred to Representative Kowalko.
Representative Kowalko brought
HB 378
, jointly sponsored by Senator Peterson & Representatives Barbieri, Bennett, Brady, Gilligan, Jaques, J. Johnson, Q. Johnson, Keeley, Lavelle, Manolakos, Mitchell, Mulrooney, Oberle, Plant, Ramone, Schooley, Scott, B. Short, Viola, D.E. Williams & D.P. Williams & Senator Sokola, before the House for consideration.
HB 378
- AN ACT TO AMEND TITLE 26 OF THE DELAWARE CODE RELATING TO ENERGY EFFICIENCY RESOURCE STANDARDS.
Representative Kowalko introduced and brought
HA 1 to HB 378
, before the House for consideration.
Representative Kowalko made comments.
HA 1
was adopted by voice vote.
Representatives Lavelle & Kowalko made comments.
The roll call on
HB 378 w/HA 1
was taken and revealed:
YES: 39.
ABSENT: Representatives Hudson & Plant - 2.
Therefore, having received a constitutional majority,
HB 378 w/HA 1
was sent to the Senate for concurrence.
Representative Schwartzkopf deferred to Representative George.
Representative George made an announcement.
Representatives Viola, Kowalko, Barbieri & Mulrooney made announcements.
Representative Scott requested and was granted personal privilege of the floor to introduce a guest.
The Reading Clerk read the following communications into the record:
The Senate wishes to inform the House that it has passed
SB 213
and requests the concurrence of the House and the Senate has passed HB
312 w/SA 1
&
HB 351 w/SA 1
and is returning same to the House.
The Majority Leader moved to recess to the call of the Chair at 5:07 p.m.
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