Delaware House Journal
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445 NOT VOTING: Representative Brady - 1. ABSENT: Representative Caulk - 1. Therefore, having received a constitutional majority of at least two-thirds Members of the House, HB. m was sent to the Senate for concurrence. Representative Spence made an announcement. The Majority Leader moved to recess for caucus at 6:40 p.m. The House reconvened at 8: 11 p.m. Mr. Speaker Spence resumed the Chair. The Chief Clerk read the following committee reports into the record: JUD: HB..112 - 6M; HB...NQ - 6M; I::IB...15.l. - 6M; HB...ZS.2 - 6M; .sB....mi - 6M; SB 417 w/SA 1 - 6M. ED: H.IB..27 - 6M. Representative Welch made an announcement. The Majority Whip moved to recess to the call of the Chair at 8:14 p.m. 43rd LEGISLATIVE DAY 139th GENERAL ASSEMBLY Second Session June 29, 1998 Mr. Speaker Spence called the House to order at 2:58 p.m. The Chief Clerk read the following committee report into the record: LAND USE & INFRA: HB..122 - 3M,3U. Mr. Speaker assigned HB. 665 HB 696 HB 677 & HB 715 to the Appropriations Committee. The Reading Clerk read the following communications into the record: The Senate wishes to inform the House that it has passed: SB 351 w/SA 1 SB 347 w/SA 1 SB 412 HB l 76 w/HA 1 HB 747 SB 395 SB 420 HB 649 w/HA 1 2 & 3, HB 749 HB 430 HB 544 w/SA 1, SB 413 SCR 78 HB 180 w/HA 1 HB 293 w/HA 1 & 2 & SA 1 June 25, 1998 LEGISLATIVE ADVISORY #43 Governor Thomas R. Carper signed the following legislation on the dates indicated: 6/24/98 - HB_486. 6/25/98-HB 378 aab HA 1 HB 596 aab HA 1 HB 314 HB 641 HB 519 aab HA 1, SB 301 HB 480 HB 569 HB 545 SB 242 SB 243 SB 245 SB 297 HB 605 HS l for HB 407 & SB 238. The following prefiled legislation was introduced: HlU9 - WAGNER & OBERLE & STONE & D. ENNIS - ECON. DEV., B & I - Establishing a Special Committee to Review the Medical Negligence Statute of Limitations and the Continuing Care Doctrine. HB...751 - STONE & OBERLE & PETRILLI & SENATORS MARSHALL & SHARP; REPRESENTATIVES SPENCE, WELCH, BOULDEN, BUCKWORTH, CAPANO, CAREY, CATHCART, CAULK, CLOUTIER, DAVIS, DIPINTO, D. ENNIS, EWING, FALLON, LEE, LOFINK, MACK, MAIER, MARONEY, QUILLEN, REYNOLDS, ROY, ULBRICH, WAGNER, GILLIGAN, VANSANT, BRADY, DILIBERTO, B. ENNIS, HOUGHTON, KEELEY, PLANT, PRICE, SCHROEDER, SCOTT, WEST, WILLIAMS; SENATOR STILL - R & F - An Act to Amend Titles 9, 22, and 30 Relating to the Taxation of Real Property and the Uses of Proceeds Therefrom and to Make a Supplemental Appropriation to the State Treasurer for the Fiscal year Ending June 30, 19989 to Defease the Land and Water Conservation Trust Fund Bonds at the Direction of the Secretary of Finance. The Majority Leader moved to adjourn at 3:01 p.m., thereby ending the current legislative day. The House reconvened at 3:02 p.m. The Chief Clerk called the roll. Members Present: 40. Member Absent: Representative Cloutier - 1. A prayer was offered by Representative Jane Maroney, Tenth Representative District. The Speaker led those present in a 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..1.54 - QUILLEN - H/ADM. - An Act to Amend Title 29 of the Delaware Code Relating to the Merit System of Personnel Administration. ~-CAPANO- R & F - An Act to Amend Titles 3, 12 and 30 of the Delaware Code Relating to Delaware Taxes. (3/5 bill) HB...756- D. ENNIS - PUB. SAFETY -An Act to Amend Title 21 of the Delaware Code Relating to Motor Vehicle Insurance Contracts. HA l TO HB 508 - PRICE & CAREY - AGENDA VII - Placed with the Bill. 446 HA 3 to HB 645 - SCHROEDER - APPRO. - Placed with the Bill. HA 4 to HB 645 - SCHROEDER - APPRO. - Placed with the Bill. HA I to HB 696 - WELCH - APPRO. - Placed with the Bill. HA I to HB 713 - ULBRICH - AGENDA IX - Placed with the Bill. HA I to HB 740 - SPENCE - READY LIST - Placed with the Bill. HA 1 to HB 741 - SMITH - BUS./CORP./COM. - Placed with the Bill. HA 2 to HB 745 - OBERLE - AGENDA - Placed with the Bill. HB....8.1. - FALLON & SPENCE - TOURISM - Creating the Travel and Tourism Task Force for the Purpose of Examining the Role of State Government in Travel and Tourism. H.8....82 - BOULDEN - ED. - Creating an Education Innovations Task Force to Investigate and Study Programs Which have been Developed in Other States to Improve Their Educational Systems. HA 1 to HR 75 - SPENCE - H/ADM. - Placed with the Resolution. SB 347 w/SA I - COOK & REPRESENTATIVE CAPANO - R & F - An Act to Amend Title 30, Delaware Code, Relating to Reciprocal Collection of Tax Claims. SB 35) w/SA I - MCDOWELL & REPRESENTATIVE MAIER; SENATORS MARSHALL, BLEVINS, SORENSON; REPRESENTATIVE MARONEY - HEALTH & HUM. DEV. -An Act to Amend titles 11, 14, 16 and 29 of the Delaware Code Relating to the Department of Services for Children Youth and Their Families and the Protection of Children From Abuse or Neglect. .$B....3.9i- SHARP & REPRESENTATIVE SPENCE- HEALTH & HUM. DEV. -An Act to Amend Title 16, Delaware Code Relating to the Disclosure of Records . .$B....412- MARSHALL & REPRESENTATIVE DIPINTO; SENATORS HENRY & MCDOWELL; REPRESENTATIVES KEELEY, PLANT, SCOTT & WILLIAMS - H/ADM. - An Act to Amend Certain Provisions of Section 8-200(5) of the City of Wilmington Home Rule Charter. (2/3 bill) SB...4.U- MARSHALL, BLEVINS; REPRESENTATIVES MAIER, LOFINK, SCOTT; SENATORS MCDOWELL, HENRY & CONNOR; REPRESENTATIVE SPENCE - HEALTH & HUM. DEV. - An Act to Amend Title 16 Relating to Certified Nursing Assistants. SliA20 - MCDOWELL & REPRESENTATIVE STONE - R & F - An Act to Amend Title 30 of the Delaware Code Relating to Personal Income Tax Credits. (FIN) HA 2 to SB I 42 - DAVIS - AGENDA IX - Placed with the Bill. HA 3 to SB I 53 - DIPINTO - AGENDA - Placed with the Bill. HA 4 to SB ) 53 - DIPINTO - AGENDA - Placed with the Bill. HA I to SS ) for SB 220 - KEELEY - AGENDA IX - Placed with the Bill. HA 2 to SB 321 - SPENCE - AGENDA VIII - Placed with the Bill. HA 3 to SB 321 - MAIER-AGENDA VIII- Placed with the Bill. HA ) to SB 351 - OBERLE - HEALTH & HUM. DEV. - Placed with the Bill. HA 2 to SB 35) - OBERLE- HEALTH & HUM. DEV. -Placed with the Bill. HA 3 to SB 351 - OBERLE - HEALTH & HUM. DEV. - Placed with the Bill. HA ) to SB 362 - DIPINTO - AGENDA IX - Placed with the Bill. s.cR..1R - HENRY & REPRESENTATIVE MARONEY; SENATORS BLEVINS & MCDOWELL - HEALTH & HUM. DEV. - Creating a Task Force on Heroin Use to Investigate Heroin in Delaware and Provide a Report to the Governor and the General Assembly Representative Smith deferred to Representative Oberle. Representative Oberle brought HB..n.82, jointly sponsored by Representatives Welch, Spence, Reynolds, Mack, Lofink & Houghton & Senators Marshall & McDowell, before the House for consideration. HB..n.82 - An Act to Amend Title 29 of the Delaware Code Relating to Prevailing Wage Requirements. Representative Oberle made comments. Representative Oberle moved to place HB..n.82 on the Speaker's table. The motion was seconded by Representative Welch and adopted by voice vote. Representative Smith deferred to Representative B. Ennis. Representative B. Ennis brought HB_ill, jointly sponsored by Representatives Spence, Oberle & Quillen & Senators Adams & Cook, before the House for consideration. HB..ill - An Act to Amend Titles 3, 29 and 30 of the Delaware Code Relating to the Harness Racing Commission and Thoroughbred Racing Commission and Enforcement and Collection Powers to the Division of Revenue. (F/N)(3/5 bill) Representatives Williams, DiLiberto, Boulden, Mack & Plant requested that they be marked present. Representative B. Ennis deferred to Representative Oberle. Representative Oberle brought HA I to HB 745 before the House for consideration. Representative Oberle made comments. HA...l was adopted by voice vote. Representative Oberle made comments. 447 Representative Oberle brought HA 2 to HB 745 before the House for consideration. Representative Oberle made comments. HA.2 was adopted by voice vote. Reptesentatives B. Ennis, Oberle, Quillen, Ewing & B. Ennis comments. Representatives West & Maier requested that they be marked present. The roll call on HB 745 w/HA I & 2 was taken and revealed: YES: 39. ABSENT: Representatives Cloutier, Scott - 2. Therefore, having received a constitutional majority ofat least three-fifths Members of the House, HB 745 w/HA I & 2 was sent to the Senate for concurrence. Representative Smith deferred to Representative DiLiberto. Representative DiLiberto brought HB....5.82., jointly sponsored by Representatives Boulden, Brady, Buckworth, Capano, Carey, Cathcart, DiPinto, B. Ennis, D. Ennis, Ewing, Fallon, Gilligan, Honghton, Keeley, Lee, Lofink, Maier, Petrilli, Plant, Price, Schroeder, Scott, Smith, Stone, Ulbrich, VanSant, Wagner, Welch, West, Williams & Spence & Senators Bunting, Bonini, McDowell, Sokola, Venables & Voshell, before the House for consideration. HB....5.82. - An Act Proposing an Amendment to Article III, § 10 of the Delaware Constitution of 1897, as Amended, Relating to a Residency Requirement for the Secretary of State. (2/3 bill) Representative DiLiberto made comments. The roll call on HB....5.82. was taken and revealed: YES: 38. ABSENT: Representatives Buckworth, Cloutier, Scott - 3. Therefore, having received a constitutional majority ofat least two-thirds Members of the House, HB. 5.82.. was sent to the Senate for concurrence. Representative Smith made an announcement. Representative Smith brought Consent AiCQda J before the House for concurrence on Senate Amendments. Representative Smith requested that HS 1 for HB 55 be removed from Consent AiCQda J. HB 281 w/SA 1 - FALLON, MARONEY, WELCH, BUCKWORTH, CAREY, CLOUTIER, D.