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HouseJournal Document
Date: 1/8/02
Session: S2
Legislative Day: 1


Mr. Speaker Spence called the House to order at 2:15 p.m.
The Majority Leader moved that the Second Special Session of the 141st General Assembly be adjourned.
The second session of the 141st General Assembly convened at 2:16 p.m.
1st LEGISLATIVE DAY
141st GENERAL ASSEMBLY
Second Session
January 8, 2002

The Chief Clerk called the roll.
Members Present: 39.
Members Absent: Representatives Caulk & Lavelle -2.
A prayer was offered by Representative Bruce C. Reynolds, Fifteenth Representative District.
The colors were presented by Members of the Delaware Air National Guard who led those present in the pledge of allegiance to the American Flag.
Members of the Delaware Air National Guard performed a flag folding ceremony and presented the folded flag to Speaker Spence.
Mr. Speaker Spence introduced Lori Christensen, Senior Legislative Analyst, Controller General's Office who sang "America the Beautiful".
Representative Miro introduced Dr. Fleda Brown, Delaware's Poet Laureate, who read an original poem for January 8, 2002.
Mr. Speaker Spence introduced Amy Franklin who sang "God Bless America".
Representative B. Ennis made comments.
The following out-of-session prefiled legislation was introduced:
January 2, 2002
HB 339 - VALIHURA & SENATOR CLOUTIER; REPRESENTATIVES BOULDEN, BUCKWORTH, CAREY, CAULK, DILIBERTO, DIPINTO, B. ENNIS, D. ENNIS, EWING, FALLON, HOUGHTON, LAVELLE, LEE, LOFINK, MIRO, MULROONEY, PLANT, SCOTT, STONE; SENATORS SORENSON, WINSLOW - PUBLIC SAFETY - An Act to Amend Title 21 of the Delaware Code Relating to Vehicles that Must Stop at Railroad Crossings.
HB 340 - CATHCART & SENATOR SIMPSON & SENATOR SOKOLA; REPRESENTATIVES BUCKWORTH, CAREY, DIPINTO, FALLON, LAVELLE, REYNOLDS, VALIHURA, WAGNER, GILLIGAN, HOUGHTON, KEELEY, VIOLA; SENATORS AMICK, CONNOR, SORENSON - WATER QUALITY - An Act to Amend Title 7 of the Delaware Code Relating to Wetlands.
HB 347 - SCHROEDER & SENATOR BUNTING - HOUSE ADMINISTRATION - An Act to Amend an Act Being Chapter 504, Volume 57, Laws of Delaware, as Amended, Entitled "An Act to Incorporate the Town of Henlopen Acres" to Clarify Qualifications of Commissioners and Mayor. (2/3 bill)
HB 348 - STONE; REPRESENTATIVES HUDSON, SPENCE; SENATORS SHARP, ADAMS - ECONOMIC DEVELOPMENT/BANKING & INSURANCE - An Act to Amend Title 6 of the Delaware Code Relating to Securitizations of Property, Assets or Rights, to Provide for the Rights of a Transferor of Property, Assets or Rights and the Rights of the Transferor's Creditors or, in any Insolvency Proceeding with Respect to the Transferor or the Transferor's Property, a Bankruptcy Trustee, Receiver, Debtor, Debtor in Possession or Similar Person, in Property, Assets or Rights Purported to be Transferred as a Part of a Securitization Transaction, and to Provide that Certain of these Rights Depend Upon the Provisions Set Forth in the Transaction Documents Relating to the Securitization Transaction.
HB 349 - KEELEY & SENATOR BLEVINS; REPRESENTATIVES GILLIGAN, MAIER, PLANT, VIOLA & SENATORS CLOUTIER, MARSHALL, MCDOWELL - REVENUE & FINANCE - An Act to Amend Title 30 of the Delaware Code Relating to A Tobacco Product Tax. (3/5 bill)
HB 353 - WAGNER & REPRESENTATIVE HUDSON & REPRESENTATIVE KEELEY & SENATOR HENRY & SENATOR BONINI; REPRESENTATIVES QUILLEN, VANSANT; SENATOR VAUGHN - JUDICIARY - An Act to Amend Title 13 of the Delaware Code Relating to Divorce.
SB 43 - BONINI; SENATORS AMICK, BLEVINS, CLOUTIER, CONNOR, SOKOLA, SORENSON, WINSLOW; REPRESENTATIVES BUCKWORTH, LOFINK, MAIER, MIRO, REYNOLDS, SMITH, SPENCE, STONE - PUBLIC SAFETY - An Act to Amend Title 21 of the Delaware Code Relating to Passengers in Vehicles; and Prohibiting the Carrying of Passengers in Any Unenclosed Area of a Truck. (2/3 bill)
SB 220 - HENRY & REPRESENTATIVE EWING - PUBLIC SAFETY - An Act to Amend Title 21, of the Delaware Code Relating to the Sale of Motor Vehicles.
SB 231 - BLEVINS & REPRESENTATIVE HUDSON - REVENUE & FINANCE - An Act to Amend Title 30 for the Delaware Code Relating to the Penalties and Enforcement of Prohibitions on Affixing Tobacco Product Tax Stamps.
SB 233 - SORENSON & REPRESENTATIVE BUCKWORTH & SENATOR BONINI; SENATORS AMICK, CLOUTIER, CONNOR, MCDOWELL, SIMPSON, STILL, WINSLOW; REPRESENTATIVES CATHCART, DILIBERTO, DIPINTO, B. ENNIS, D. ENNIS, FALLON, HOUGHTON, MAIER, MULROONEY, REYNOLDS, SCHROEDER, SCOTT, ULBRICH, VALIHURA, VIOLA, WAGNER - HEALTH & HUMAN DEVELOPMENT - An Act to Amend Title 31 of the Delaware Code Relating to Child Care.
SB 259 - CONNOR & REPRESENTATIVE MULROONEY - HOUSING & COMMUNITY AFFAIRS - An Act to Amend Title 29 of the Delaware Code Relating to the Municipal Services Commission of the City of New Castle.
HA 3 to SS 1 to SB 92 - SMITH - Placed with the Bill.
SJR 10 - HENRY & REPRESENTATIVE SMITH - EDUCATION - A Resolution Regarding Expenditures of Remaining Funds Made Available for Study by the Wilmington Neighborhood Schools Committee.
HB 354 - WAGNER; DIPINTO, & HUDSON, & SCHROEDER, & SEN. BUNTING - JUDICIARY - An Act To Amend Title 29 of the Delaware Code Relating To State Employee's Pension Plan
HB 355 - WAGNER & SENATOR BLEVINS; REPRESENTATIVES SPENCE, BUCKWORTH, CAREY, CAULK, DILIBERTO, D. ENNIS, EWING, FALLON, MAIER, OBERLE, REYNOLDS, STONE, ULBRICH, VALIHURA, BRADY, B. ENNIS, HOUGHTON, KEELEY, MULROONEY, PLANT, PRICE, SCHROEDER, SCOTT, VANSANT, VIOLA, WEST, WILLIAMS; SENATOR CONNOR - LABOR - An Act too Amend Title 19 of the Delaware Code Relating to Wage Payment and Collection.
Representatives Quillen, Brady, Plant, Thornburg & D. Ennis requested that they be marked present.
Representative D. Ennis requested and was granted personal privilege of the floor to make comments.
Representative Reynolds made comments.
Representative Smith requested that he be marked present.
Representative Maier requested and was granted personal privilege of the floor to introduce guests.
Representative D. Ennis & Mr. Speaker Spence made comments.
Representative Smith requested and was granted privilege of the floor for Pam Price, who introduced the 2002 Legislative Fellows.
Representative Stone made an announcement.
The Reading Clerk read the following communications into the record:
MEMORANDUM
TO: Terry R. Spence, Speaker of the House
JoAnn Hedrick, Chief Clerk
FROM: Representative Wallace G. Caulk
DATE: January 3, 2002
SUBJECT: Absence from session
Please be advised that I will be unable to attend session the week of Jan. 7, 2002 due to personal reasons.
MEMORANDUM
TO: Terry R. Spence, Speaker of the House of Representatives
FROM: Representative Gregory F. Lavelle
DATE: January 8, 2002
RE: Absence From Session
Due to illness, I will not be attending Session today, January 8, 2002. Please excuse my absence.
If you require additional information, please let me know.
The Senate wishes to inform the House that it has passed SB 43 and requests the concurrence of the House; SB 26 & SB 231 and requests the concurrence of the House; HB 264 & HJR 21 and is returning same to the House; SB 261 and requests the concurrence of the House; HB 185 w/HA 1 and is returning same to the House; HB 262 w/HA 1 & 2 & SA 1 and is returning same to the House; HB 351 and HJR 19 and is returning same to the House; HB 255 w/HA 1, 3, 4, 6, 8, 10 & 12 and is returning same to the House; HB 192 w/HA 1, HB 247 w/HA 2 & SA 2 and is returning same to the House; SB 233 & SJR 10 and requests the concurrence of the House; HB 257 w/SA 1 and is returning same to the House; SB 262 w/SA 1 and requests the concurrence of the House; SB 259 and requests the concurrence of the House; HB 235 w/HA 1 & 2 & SA 2 and is returning same to the House; HB 154 w/SA 2 and is returning same to the House; HB 250, HB 285 w/HA 1 & 2, HB 311, HB 313, HB 320 w/HA 1 & 2, HB 321 & HJR 7 w/HA 1 and is returning same to the House; HB 30 w/HA 1, HB 84 w/HA 1 & 2, HB 100 w/HA 3, HB 117, HB 170, HB 206, HB 240 & HB 249 w/HA 1 and is returning same to the House.
July 5, 2001
LEGISLATIVE ADVISORY #17
Governor Ruth Ann Minner signed the following legislation on the date indicated: 6/28/01 - HJR 16, HJR 17, HB 350 & SB 70 aab SA 2; 6/30/01 - SB 45, SB 46, SB 80 aab SA 1 & HA 1 & SB 120; 7/01/01 - SS1 to SB 146; 6/30/01 - SB 157 aab SA 1,SB 164, SB 173, SB 176 & SB 177; 7/01/01 - SS 1 to SB 215 aab SA 1 & 2; 6/30/01 - SB 218, HB 192 aab HA 1, HB 204 aab HA 1 & SA 1; 7/01/01 - HB 225 aab HA 1; 6/30/01 - HB 226 & HB 303; 7/01/01 - HB 308, HB 351 & HJR 19; 7/02/01 - SB 250; 7/03/01 - SB 181 aab SA 1 & SB 144 aab SA 2.
The following amendments to the Delaware Constitution do not require the signature of the Governor: HS 1 to HB 85, HB 8, HB 10 & SB 158.
July 10, 2001
LEGISLATIVE ADVISORY #18
Governor Ruth Ann Minner signed the following legislation on the date indicated: 7/9/01 - HB 77 aab HA 1, HB 98, HB 106 aab HA 1, HB 158, HB 163 aab SA 1, HB 174, HB 175 aab HA 1, HB 209 aab HA 1 & 2, HB 215, HB 221, HB 236 aab HA 1, HB 237, HB 261, HB 283 aab HA 1 & HB 287 aab HA 1; 7/6/01 - SS 1 to SB 33 aab SA 2 & SB 192 aab SA 1 & HA 1; 7/9/01 - SS 1 to SB 53, SB 58, SB 111, SB 116 aab HA 1, SB 118, SB 123, SB 132, SB 137 aab SA 1 & SA 2, SB 138, SB 151, SB 174, SB 179, SB 182, SB 185 aab SA 1 & HA 1, SB 198, SB 199, SB 200, SB 201 aab HA 1, SB 210, SB 212, SB 217, SB 222 aab SA 1, SB 223 aab SA 1, SB 227, SB 230 aab SA 1, SB 241, SS 1 to SB 251, SB 256 & SJR 6.
July 13, 2001
LEGISLATIVE ADVISORY #19
Governor Ruth Ann Minner signed the following legislation on the date indicated: 7/10/01 - HB 61 aab HA 1 & SA 1 & 2, HB 75, HB 253 & HB 269 aab HA 1; 7/11/01 - SB 110 aab SA 3 & 4; 7/10/01 - SB 211, SB 253, SB 254, SB 224 aab SA 2, SB 209, SB 189 aab SA 1 & HA 2 & 4, SB 150 aab SA 1 & SB 117 aab SA 1; 7/11/01 - SB 152 aab SA 1; 7/12/01 - SB 81, SB 135 aab SA 5, SB 154 & SB 168 aab SA 2; 7/9/01 - SB 196; 7/12/01 - SB 238, SJR 8, HB 57 aab HA 1 & SA 1, HB 84 aab HA 1 & 2, HB 107 aab SA 1, HB 117, HB 154 aab HA 2 & SA 1, HB 170, HB 206, HB 214 aab HA 1, HB 231 aab SA 2, HB 241 aab SA 2, HB 247 aab HA 2 & SA 2, HB 250, HB 257 aab SA 1, HB 264, HB 285 aab HA 1 & 2, HB 313 & HJR 21.
July 23, 2001
LEGISLATIVE ADVISORY #20
Governor Ruth Ann Minner signed the following legislation on the date indicated: 7/13/01 - SB 183 aab SA 1; 7/9/01 - SB 184; 7/13/01 - HB 235 aab HA 1 & 2 & SA 2 & HB 255 aab HA 1, 3, 4, 6, 8, 10 & 12; 7/9/01 - HB 120 aab HA 1, 2 & 3; 7/17/01 - HB 246 aab HA 1, HB 249 aab HA 1, HB 311, HB 320 aab HA 1 & 2, HB 321 & HJR 7 aab HA 1; 7/19/01 - HB 30 aab HA 1, HB 176 aab HA 1 & 2 & SA 2, HB 185 aab HA 1 & HB 262 aab HA 1 & 2 & SA 1; 7/17/01 - HB 240; 7/19/01 - SB 160 aab HA 1; 7/18/01 - HB 100 aab HA 3; 7/23/01 - SB 133, SB 159, SB 245, SB 252 & SB 262 aab SA 1. The following legislation was returned unsigned and vetoed by Governor Minner on the date indicated: 7/12/01 - HB 293.
July 31, 2001
LEGISLATIVE ADVISORY #21
Governor Ruth Ann Minner signed the following legislation on the date indicated: 7/24/01 - SB 170, SB 162 aab SA 1, 2 & 5 & SB 26; 7/30/01 - SB 114 aab SA 1, SB 243, SB 261, SB 124, SB 187 aab SA 1 & SJR 9.
August 1, 2001
LEGISLATIVE ADVISORY #22
Governor Ruth Ann Minner signed the following legislation on the date indicated: 8/1/01 - SB 235 aab SA 1, HA 1, HA 1 to HA 1 & HA 2. TO THE MEMBERS OF THE HOUSE OF REPRESENTATIVES OF THE 141ST GENERAL ASSEMBLY:
Pursuant to Article III, Section 18 of the Delaware Constitution, I am vetoing House Bill No.293, entitled " An Act to Incorporate the Town of Gumboro," as received by the Executive Office on June 30, 2001, by returning it to the House of Representatives without my signature for reconsideration.
I do not object to the incorporation of the Town of Gumboro. However, my review of House Bill No.293, as passed by the General Assembly, leads me to conclude that the bill includes a potentially dangerous flaw, in that it would incorporate such Town without promptly convening a town government. Most notably, House Bill No.293 creates an incorporated Town of Gumboro, defines the Town's limits, and vests a Town Council with certain authorities, including authority over planning and zoning. An apparently unintended effect of the legislation as passed would be to divest the Sussex County government of certain powers it has heretofore exercised in the area to be incorporated, most notably the authority to regulate planning and zoning. Under 9 ~. ~. 6902, the government of Sussex County is precluded from regulating land use and related issues within an incorporated area, except on the express request of such incorporated city or town. In this case, given that there is no lawfully seated government for the incorporated Town, there could be no such request, and as a result, there would be no government with authority to regulate land use, planning and zoning within the newly incorporated area.
The technical flaw existing in House Bill No.293 was discovered shortly after the bill's passage and, in the waning hours before adjournment of session, House Bill No.352 was introduced to correct the gap inadvertently created by House Bill No.293. House Bill No.352 would have left the to-be-incorporated area of Gumboro subject to land use ordinances enacted by Sussex County until such time as the Town duly enacted its own planning and zoning ordinances. Regrettably, House Bill No.352 was not considered or passed in the Senate prior to its adjournment. Accordingly, I am returning House Bill No.293 without signature.
Sincerely,
Ruth Ann Minner
Governor
Ms. JoAnn M. Hedrick
Chief Clerk of the House
Delaware House of Representatives
Dover, Delaware 19901
Dear Ms. Hedrick:
This will acknowledge receipt of House Concurrent Resolution 12, memorializing the Congress of the United States to enact H.R. 20.
Your resolution is being referred to the Speaker of the House for appropriate action.
With best wishes, I am
Sincerely,
Jeff Trandahl
July 24, 2001
The Honorable JoAnn M. Hedrick
Chief Clerk of the House
State of Delaware
Legislative Hall, Room 107
Dover, Delaware 19903
Dear Ms. Hedrick:
Thank you for transmitting House Concurrent Resolution No. 12, adopted by the Legislature of Delaware.
Please be assured that this resolution will be presented to the United States Senate and appropriately referred. With best wishes, I am
Sincerely yours,
Jeri Thomson

September 21, 2001
To: Clerks and Secretaries of the State Legislatures
From: Gregory M. Gray
Transmitted herewith is a certified copy of House Resolution 1, which was adopted during a recent Extraordinary Session of the West Virginia Legislature.
I am directed by the resolution to forward copies to the Presiding Officers of the State Legislatures, and am forwarding the copy directly to you for notation or presentation to your Presiding Officer.
Thank you.
State of West Virginia
Legislative Resolution
HOUSE RESOLUTION NO. 1
[By Mr. Speaker, Mr. Kiss, and Delegates Amores, Anderson, Angotti, Armstead, Ashley, Azinger, Beach, Beane, Boggs, Border, Brown, Browning, Butcher, Campbell, Cann, Cantebury, Caputo, Carmichael, Coleman, Compton, Craig, DeLong, Dempsey, Douglas, Doyle, Ellem, Ennis, Evans, Fahey, Faircloth, Ferrell, Flanigan, Fleischauer, Fletcher, Fox, Fragale, Frederick, Givens, Hall, Harrison, Hatfield, Hrutkay, Hubbard, Keener, Kominar, Kuhn, Leach, Leggett, Louisos, Mahan, Manchin, Manuel, Marshall, Martin, Mathews, McGraw, Mezzatesta, Michael, Morgan, Overington, Paxton, Perdue, Perry, Pethtel, Pino, Poling, Proudfoot, Prunty, Riggs, Romine, Schadler, Shaver, Shelton, Smirl, J. Smith, L. Smith, Spencer, Stalnaker, Staton, Stemple, Stephens, Susman, Swartzmiller, R. Thompson, R. M. Thompson, Trump, Tucker, Varner, Walters, Warner, Webb, Webster, C. White, G. White, H. White, Williams, Wills, Wright and Yeager)
[Adopted by the House of Delegates on September 18, 2001]
"Expressing the sense of the House of Delegates and decrying the outrageous terrorist attacks launched against the United States on Tuesday, September 11, 2001, expressing sympathy to the families and friends of those killed or injured, and urging the President of the United States and other federal officials to deal swiftly with those who threaten our freedom."
Whereas, The United States of America stands as the Nation most respected throughout the world for its freedom and its defense of freedom; and
Whereas, Tens of thousands of men and women have fought and died to secure, maintain and guarantee this freedom, and have utilized this freedom to build the most powerful and most successful nation on earth; and
Whereas, On Tuesday, September 11, 2001, enemies of the United States encroached upon the sacred soils of our Nation and conducted a series of the most inhumane, murderous attacks in the history of the world, hijacking and destroying four civilian aircraft, crashing two of them into the World Trade Center Towers in New York City, a third into the Pentagon outside Washington, D. C., and the fourth failing to reach its target and crashing in Pennsylvania, which monstrous attacks killed and injured thousands of innocent people and completely demolished the World Trade Center Towers and a portion of the Pentagon, symbols of American strength and success; and
Whereas, The freedom fought for, secured and maintained over the past two hundred twenty-five years is threatened by the attackers, by targeting symbols of America, clearly intended to intimidate our Nation and weaken its resolve; therefore, be it
Resolved by the House of Delegates:
That the members of the West Virginia House of Delegates hereby express their deepest, heartfelt sympathy to the families and friends of those killed and injured in the terrorist attacks of Tuesday, September 11, 2001, and the recovery efforts following the attacks;
That the members of the House of Delegates hereby offer collective condolences and unreserved expressions of support to the State and to the City of New York, to the State of Virginia, and to the State of Pennsylvania;
That the House of Delegates of West Virginia hereby condemns in the strongest possible terms the terrorists who contrived and carried out those attacks, as well as their sponsors or any person or nation which harbours terrorists;
That the House hereby commends the heroic actions of the myriad of rescue workers, volunteers and officials who responded to these tragic events with courage, determination and skill;
That we hereby publicly proclaim that we will not forget those who have fought and died to help secure and maintain our freedom, and we further publicly decry and condemn those who plot, plan and execute attacks on our freedom, our citizenry and our way of life;
That our thoughts and prayers go out to all those directly affected by the attacks and to those participating in the recovery from the attacks;
That the President of the United States and the Congress be hereby urged to deal swiftly and judiciously with the situation, that freedom might live; and, be it
Further Resolved, That the Clerk of the House of Delegates forthwith prepare and cause to be delivered certified copies of this resolution to President George W. Bush, to the Honorable Bob Wise, Governor of the State of West Virginia, to U. S. Senators Robert C. Byrd and Johne D. Rockefeller IV, and to members of the United States House of Representatives Alan B. Mollohan, Shelley M. Capito and Nick Joe Rahall, to the Clerk of the United States House of Representatives and the Secretary of the United States Senate, to the Governor of New York and the Mayor of New York City, to the Governor of Virginia and the Governor of Pennsylvania, and to the Presiding Officers of the Legislatures of all the States in this Nation.
I, Gregory M. Gray, Clerk of
Delegates, and as such Clerk, Keeper of the Rolls of the Legislature of West Virginia,
Hereby certify that the foregoing is a true
and correct copy of House Resolution 1,
which was adopted by the House of
Delegates on the 18th day of September, 2001
Gregory M. Gray
Clerk of the House of Delegates
September 18, 2001
September 26, 2001
Dear Ms. Hedrick: Representative Scott requested that he be marked present.
Representative Spence made comments.
Representative Wagner requested that HB 353 & HB 355 be stricken.
Representative West requested that he be marked present.
Representative Price requested and was granted personal privilege of the floor to introduce guests.
The House observed a moment of silence in memory of House Attorney Battle Robinson's mother at the request of Mr. Speaker Spence.
Representative Smith deferred to Representative Miro.
Representative Miro introduced HB 360, jointly sponsored by Senator Sokola & Representatives Buckworth, Gilligan, Lavelle & Quillen & Senator McDowell.
HB 360 - AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO RULES OF THE ROAD. (2/3 bill)
Mr. Speaker Spence assigned HB 360 to the Public Safety Committee.
Mr. Speaker Spence assigned SS 1 for SB 92 to the House Administration Committee.
The Majority Leader moved to recess to the call of the Chair at 3:00 p.m.




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