Delaware House Journal
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979 Johnson, Kelly, LeGates, Lynch, Matushefske, Maxwell, McGinnis, McKay, Miller, Minner, Morris, Plant, Powell, Riddagh, Rispoli, Seibel, Sincock, Smith, Spence, Temple, Worthen, Mr. Speaker - 38. NO: Representative Hebner -1. ABSENT: Representatives Lesher and Ridings - 2. Therefore the Bill was declared passed by the House. Representative McGinnis moved to suspend all rules for the purpose of introducing and acting on BB 1296; Motion was adopted by voice vote. Representative McGinnis brought BB 1296 before the House for consideration. "An Act authorizing and directing the State Treasurer to transfer Two Hundred Eight-Five Thousand Dollars ($285,000) from Funds appropriated for fringe benefits to Delaware State College in the 1977 Appropriation Act to the Salary Line of Employees of Delaware State College for the purpose of Paying the Salaries of Thirty (30) Employees presently being paid out of College Funds." Roll Call was taken and revealed: YES: Representatives Boulden, Byrd, Cain, Clendaniel, Darling, Gilligan, Gordy, Harrington, Johnson, Kelly, LeGates, Lynch, Matushefske, Maxwell, McGinnis, Miller, Minner, Morris, Plant, Riddagh, Rispoli, Spence, Temple, Worthen, Mr. Speaker Jonkiert - 25. NO: Representative Hebner - 1. NOT VOTING: Representatives Ambrosino, Arnold, Billingsley, Brady, Connor, Derrickson, George, McKay, Powell, Ridings, Seibel, Sincock, Smith - 13. ABSENT: Representatives Ferguson and Lesher - 2. Therefore the Bill was declared passed by the House. Representative Maxwell moved to suspend all rules to introduce and act on BB 1297. Motion was adopted by voice vote. Representative Maxwell brought BB 1297 before the House for consideration. "An Act to amend Chapter 11, Title 30, Delaware Code, relating to Modifications of Taxable Income." Representative Maxwell moved to place BB.1297 on the Speaker's Table. Motion was adopted by voice vote. Representative Lynch moved to suspend all rules for the purpose of acting on BB 1298. Motion was adopted by voice vote. "An Act continuing the Committee established pursuant 980 to HJR 26 of the 128th General Assembly to enable the Committee to continue to study the Administration and Operation of the Public School System in this State and further authorizing the Committee to employ a Consultant and providing an appropriation for such Consultant." Representative Lynch moved to place HB 1298 on the Speaker's Table. Motion was adopted by voice vote. Representative Gilligan moved to suspend all rules for the purpose of introducing HB 1299. Motion was adopted by voice vote. "An Act to amend Chapter 87, Title 10, of the Delaware Code relating to Sheriffs Fees." Representative Gilligan moved to place HB 1299 on the Speaker's Table. Motion was adopted by voice vote. Representative Seibel moved to suspend all rules to introduce HB 1300. Motioh was adopted by voice vote. "An Act to amend Article XI of the Constitution of the State of Delaware and relating to the Legislature and the Day that the Votes cast for a Bill or Resolution shall become Final." Representative Seibel moved to place HB 1300 on the Speaker's Table. Motion was adopted by voice vote. Representative Arnold moved to suspend all rules to act on HB 1291. Motion was adopted by voice vote. "An Act authorizing the Special Legislative Committee formed pursuant to HCR 51, of the 128th General Assembly, and continued by HB 1199 passed by the House of Representatives and the Senate and signed by the Governor on the 25th Day of June, 1976, to take action in the name of the 128th General Assembly of the State of Delaware and its Successor and Successors, in any Appeal of the decision and order of the United States District Court for the District of Delaware in Evans V. Buchanan, Civil Action Nos. 1816-1822, if the Committee deems such Action to be in the Best Interests of the People and the State of Delaware." Representative Arnold moved to place HB 1291 on the Speaker's Table. Motion was adopted by voice vote. Representative McGinnis moved to suspend all rules to introduce and act on HB 1301 - "An Act to amend Title 14 of the Delaware Code relating to Education; and providing for Notification to Professional Employees." Motion was adopted by voice vote. Representative McGinnis moved to place HB 1301 on the Speaker's Table. Motion was adopted by voice vote. Representative McGinnis moved to adjourn at 11:59 P.M. The Speaker called the Special Session of the Second 981 Session to order at 12:00 A.M., July 1, 1976. 1ST LEGISLATIVE DAY The Chief Clerk read the following · communication regarding the Special Session. TO: MEMBERS OF THE 128TH GENERAL ASSEMBLY FROM: SPEAKER OF THE HOUSE, CASIMIR S. JONKIERT; PRESIDENT OF THE SENATE, LT. GOVERNOR EUGENE D. BOOKHAM MER SUBJECT: DECLARATION OF SPECIAL SESSION DATE: WEDNESDAY, JUNE 30, 1976 - 12:00 MIDNIGHT Pursuant to the authority vested in the presiding officers of both Houses under Article II, Section 4 of the Delaware Constitution of 1897 as amended, we hereby declare that the 128th General Assembly is now in special session. Representative Casimir S. Jonkiert Speaker of the House Lt. Governor Eugene D. Bookhammer President of the Senate Representative McGinnis moved to convene the Special Session. Representative Harrington seconded the motion. PRESENT: Representatives Ambrosino, Arnold, Billingsley, Boulden, Brady, Byrd, Cain, Clendaniel, Connor, Darling, Derrickson, Ferguson, George, Gilligan, Gordy, Harrington, Hebner, Johnson, Kelly, LeGates, Lynch, Matushefske, Maxwell, McGinnis, McKay, Miller, Minner, Morris, Plant, Powell, Riddagh, Ridings, Rispoli, Seibel, Sincock, Smith, Spence, Temple, Worthen, Mr. Speaker Jonkiert - 40. ABSENT: Representative Lesher - 1. A moment of silence was observed in memory of Representative Frances Jomlin. Representative Matushefske moved to restore SB 658 - " An Act to amend Chapter 13, Title 10 on the Delaware Code to increase the number of Court of Common Pleas Judges." Roll call on the motion was taken and revealed: YES: Representatives Boulden, Byrd, Cain, Clendaniel, Connor, Darling, Ferguson, George, Gilligan, Gordy, Harrington, Johnson, Kelly, LeGates, Lynch, Matushefske, 1ST LEGISLATIVE DAY 982 Maxwell, McGinnis, Miller, Minner, Morris, Plant, Riddagh, Ridings, Rispoli, Temple, Worthen, Mr. Speaker - 28. NO: Representatives Ambrosino, Arnold, Billingsley, Brady, Derrickson, Hebner, McKay, Powell, Seibel, Sincock, Spence - 11. ABSENT: Representatives Lesher and Smith - 2. Therefore the Bill was restored to the Calendar. Representative Matushefske moved to rescind the Roll Call on SB 658. The motion was adopted by voice vote. Roll call was again taken on SB 658 and revealed: YES: Representatives Boulden, Byrd, Cain, Darling, Ferguson, George, Gilligan, Gordy, Harrington, Hebner, Johnson, Kelly, LeGates, Lynch, Matushefske, Maxwell, McGinnis, Miller, Minner, Morris, Plant, Ridings, Rispoli, Temple, Worthen, Mr. Speaker - 26. NO: Representatives Ambrosino, Arnold, Billingsley, Brady, Clendaniel, Connor, Derrickson, McKay, Powell, Riddagh, Seibel, Sincock, Spence - 13. rJi' ABSENT: Representatives Lesher and Smith - 2. 1:. Therefore the Bill was declared passed by the House. ii I Representative Darling brought HB 509 w SA 2 before the House for consideration. Roll Call on the Bill as amended was taken and revealed: YES: Representatives Boulden, Byrd, Cain, Clendaniel, Darling, Gilligan, Gordy, Harrington, Johnson, Kelly, Lynch, Maxwell, McGinnis, Miller, Minner, Morris, Plant, Rispoli, Spence, Temple, Worthen, Mr. Speaker - 22. NO: Representatives Billingsley, McKay, Riddagh, Ridings, Seibel - 5. NOT VOTING: Representatives Arnold, Brady, Connor, Derrickson, Hebner, Powell, Sincock, Smith - 8. ABSENT: Representatives Ambrosino, Ferguson, George, LeGates, Lesher, Matushefske - 6. Therefore HB 509 w SA 2 was declared passed· the House. Representative Minner moved to suspend rules for the purpose of introducing three Bills: HB 1302 - "An Act to appropriate Funds in support of 'j Substitute Teachers in the Public Schools." Assigned to Education Committee. HB 1303 - "An Act appropriating Funds to the State Board of Education for the Benefit of the Public School of the State relating to Division 11 to meet the Expenses of other 983 Costs for the Fiscal Year 1977." Assigned to Appropriations Committee. HB 1304 - "An Act to amend Chapter 17, Title 14, Delaware Code to provide for Interdistrict Transfer of Funds in order to meet certain unanticipated needs of School Districts." Assigned to Appropriations Committee. Representative LeGates brought SB 753 before the House for consideration. "An Act to amend Chapter 64, Title 7 of the Delaware Code relating to the Delaware Waste Authority and providing for a means ofreplacing Directors on the Solid Waste Authority, clarifying Meetings and Voting Requirements, indicating Pension Coverage of Authority Employees, clarifying Bonding Capabilities, clarifying Definitions and allowing for Imposition of Sanction for Violation of Regulation and License Conditions." Roll Call on SB 753 was taken and revealed: YES: Representatives Arnold, Billingsley, Boulden, Brady, Byrd, Cain, Clendaniel, Darling, Derrickson, George, Gilligan, Gordy, Harrington, Hebner, Johnson, Kelly, LeGates, Lynch, Maxwell, McGinnis, McKay, Miller, Minner, Morris, Powell, Riddagh, Ridings, Rispoli, Seibel, Sincock, Smith, Spence, Temple, Worthen, Mr. Speaker Jonkiert - 35. ABSENT: Representatives Ambrosino, Connor, Ferguson, Lesher, Matushefske, Plant - 6. Therefore the Bill was declared passed by .the House. Representative McGinnis