House Journal
Document
Mr. Speaker Schwartzkopf invited Evelyn & Theodore Alexander Shupe, children of Representative Bryan Shupe, to join him on the podium.
Mr. Speaker Schwartzkopf called the House to order at 2:13 p.m. on April 27, 2023.
The Chief Clerk read the following communications into the record:
The Senate wishes to inform the House that it has passed SCR 38, SCR 34 & SCR 37 and requests the concurrence of the House and the Senate has passed HB 45, HCR 41, HCR 54 & HCR 38 and is returning the same to the House.
The Chief Clerk read the following committee reports into the record:
HEALTH & HUMAN DEVELOPMENT: SB 51 - 7F,2M.
PUBLIC SAFETY & HOMELAND SECURITY: HB 120 - 7F; HB 119 - 4F,3M; HB 94 - 4F,3M;
SB 36 - 6F,1M.
ADMINISTRATION: SB 37 - 5M; HB 107 - 5M.
JUDICIARY: HB 95 - 5F,3M; HB 135 - 3F,3M; HB 112 - 1F,6M,1U.
LABOR: HB 113 - 7F,3M.
HOUSING: HB 62 - 10F; HB 127 - 5F,5M,1U.
The Majority Leader moved to adjourn at 2:15 p.m., thereby ending the current legislative day. The House reconvened at 2:16 p.m.
24th LEGISLATIVE DAY - 152nd GENERAL ASSEMBLY - First Session
April 27, 2023
The Chief Clerk called the roll:
Members Present: 38.
Members Absent: Representatives Heffernan, Hensley & Romer - 3.
The House observed a moment of silence in memory of Donald P. Moore at the request of Representative Dorsey Walker and former Representative Dave Brady at the request of Representative Lambert.
A prayer was offered by Representative Sherry A. Dorsey Walker, Third Representative District.
Mr. Speaker Schwartzkopf invited Evelyn Shupe to lead 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 99 - HEFFERNAN & REPRESENTATIVE PHILLIPS & SENATOR HANSEN & REPRESENTATIVE GRIFFITH & REPRESENTATIVE K. JOHNSON & REPRESENTATIVE LAMBERT & REPRESENTATIVE LONGHURST & REPRESENTATIVE S. MOORE & REPRESENTATIVE WILSON-ANTON & REPRESENATIVE BUSH & REPRESENTATIVE BOLDEN & SENATOR TOWNSEND; REPRESENTATIVES BAUMBACH, CHUKWUOCHA, COOKE, DORSEY WALKER, HARRIS, LYNN, MINOR-BROWN, MORRISON, NEAL, PARKER SELBY, ROMER, SCHWARTZKOPF, K. WILLIAMS; SENATORS GAY, HOFFNER, HUXTABLE, LOCKMAN, S. MCBRIDE, PARADEE, SOKOLA, STURGEON - NATURAL RESOURCES & ENERGY - AN ACT TO AMEND TITLES 7 AND 29 OF THE DELAWARE CODE RELATING TO CLIMATE CHANGE.
HB 131 - BUSH & REPRESENTATIVE GRIFFITH & REPRESENTATIVE LYNN & SENATOR MANTZAVINOS & SENATOR HANSEN & SENATOR TOWNSEND; REPRESENTATIVES BAUMBACH, GRAY, HENSLEY, MATTHEWS; SENATORS HOCKER, HOFFNER, PARADEE, PETTYJOHN, WALSH - ECONOMIC DEVELOPMENT/BANKING/INSURANCE & COMMERCE - AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO THE CONVEYANCE OF REAL ESTATE BETWEEN SPOUSES.
HB 132 - BUSH & REPRESENTATIVE GRIFFITH & REPRESENTATIVE LYNN & SENATOR MANTZAVINOS & SENATOR HANSEN & SENATOR TOWNSEND; REPRESENTATIVES GRAY, HENSLEY, MATTHEWS; SENATORS HOCKER, HOFFNER, PARADEE, PETTYJOHN, WALSH - ECONOMIC DEVELOPMENT/BANKING/INSURANCE & COMMERCE - AN ACT TO AMEND TITLE 10, TITLE 12, TITLE 13, AND TITLE 18 OF THE DELAWARE CODE RELATING TO DECEDENTS’ ESTATES AND FIDUCIARY RELATIONS.
HA 1 TO HB 87 - CARSON - PLACED WITH THE BILL.
HA 1 TO HB 107 - D. SHORT - PLACED WITH THE BILL.
HA 1 TO HB 109 - MATTHEWS - PLACED WITH THE BILL.
HA 1 TO HB 111 - MATTHEWS - PLACED WITH THE BILL.
HA 2 TO SB 61 - K. WILLIAMS - PLACED WITH THE BILL.
The Chief Clerk read the following communication into the record:
MEMORANDUM
TO: The Honorable Peter Schwartzkopf
Speaker of the House
FROM: Representative Kevin S. Hensley
DATE: Thursday April 27, 2023
RE: Absence from Session
Please be advised that it is necessary for me to be absent today due to a family emergency.
Thank you.
cc: Richard Puffer, Chief Clerk of the House
The Chief Clerk read the following communication into the record:
April 27, 2023
LEGISLATIVE ADVISORY #7
The following are Constitutional Amendments and do not require the Governor’s signature:
4/25/23 - SB 38, SB 39 & SB 41.
Governor John Carney signed the following legislation on the date indicated: 4/26/23 - SB 60,
SB 27, HB 61 w/HA 1, HS 1 FOR HB 100 & HB 35 w/HA 3.
The following legislation became law without the signature of the Governor on the date indicated: 4/17/23 - HB 2 w/HA 1 & HA 2.
Representative Longhurst deferred to Representative Chukwuocha. Representative Chukwuocha requested and was granted privilege of the floor to present House Tributes to the Salesianum Boys State Swimming Championship Team and the Salesianum Wrestling Dual-Meet State Championship Team. The Swim Team entered the chamber. Representative Chukwuocha addressed the House and presented the tribute. Swim Coach Chip Hannig addressed the House. Representatives Ramone & Longhurst made comments. The Swim Team Members announced their names, grades, and events for the record. Representative S. Moore requested that she be marked present. Representative Longhurst requested that the Wrestling Team enter the chamber. Representative Chukwuocha addressed the House and presented the tribute. Coach Cameron Davis addressed the House. Representative Longhurst made comments. The Wrestling Team Members announced their names, grades, and weight classes for the record.
The Chief Clerk read the following communications into the record:
Mr. Speaker,
I will be absent from session today, April 27, 2023, due to a medical issue.
Cyndie Romer
Rep. Cyndie Romer
State Representative - District 25
Delaware House of Representatives
The Senate wishes to inform the House that it has passed SCR 39 & SCR 40 and requests the concurrence of the House.
Representative Longhurst deferred to Representative Harris.
Representative Harris introduced and brought SCR 39, jointly sponsored by Senator Gay & Senator Huxtable & Senator Lockman & Senator Townsend & Representative Minor-Brown & Senators Hansen, Mantzavinos, Poore, Richardson, Sokola & Wilson & Representatives Baumbach, Bolden, Briggs King, K. Johnson, S. Moore, Phillips, Ramone, Michael Smith & Wilson-Anton, before the House for consideration.
SCR 39 - RECOGNIZING THURSDAY, APRIL 27, 2023, AS “TAKE OUR DAUGHTERS AND SONS TO WORK DAY” IN THE STATE OF DELAWARE.
Representatives Harris, Shupe, Griffith & Wilson-Anton made comments.
SCR 39 was adopted by voice vote and was returned to the Senate.
Representative Longhurst introduced and brought Consent Calendar #4 before the House for consideration.
SCR 34 - GAY & SENATOR BROWN & REPRESENTATIVE GRIFFITH & SENATORS HOFFNER, S. MCBRIDE, PETTYJOHN, STURGEON, TOWNSEND & WALSH & REPRESENTATIVES BAUMBACH, BRIGGS KING, COOKE, K. JOHNSON, S. MOORE, MORRISON, ROMER, MICHAEL SMITH & YEARICK - CONGRATULATING THE WINNERS OF THE 32ND ANNUAL DELAWARE HIGH SCHOOL MOCK TRIAL PROGRAM.
SCR 37 - POORE & REPRESENTATIVE HARRIS & ALL SENATORS & REPRESENTATIVES BAUMBACH, BRIGGS KING, DUKES, MICHAEL SMITH - RECOGNIZING APRIL 29, 2023 AS "WORLD WISH DAY" IN DELAWARE.
SCR 38 - HUXTABLE ON BEHALF OF ALL SENATORS & REPRESENTATIVE BAUMBACH ON BEHALF OF ALL REPRESENTATIVES - DESIGNATING APRIL 23-29, 2023, AS “DELAWARE LIBRARY WEEK” IN THE STATE OF DELAWARE.
Consent Calendar #4 was adopted by voice vote and SCR 34, SCR 37 & SCR 38 were returned to the Senate.
Representative Baumbach introduced Dr. Annie Norman, Director, Delaware Division of Libraries and Jamie Morris, President, Delaware Libraries Association. Representative Longhurst made comments. Representative Shupe requested and was granted personal privilege of the floor to make comments. Representatives Harris, Baumbach & Griffith made comments.
Mr. Speaker Schwartzkopf appointed Representative Carson as Acting Speaker.
Representative Longhurst deferred to Representative Schwartzkopf.
Representative Schwartzkopf introduced and brought SCR 40, jointly sponsored by Senator Lawson & All Senators & Representatives Baumbach, Briggs King, Bush, Carson, Collins, Cooke, Dukes, Gray,
K. Johnson, Ramone, D. Short, Shupe, Michael Smith, Spiegelman, Vanderwende, K. Williams & Yearick, before the House for consideration.
SCR 40 - CELEBRATING THE 100TH ANNIVERSARY OF THE DELAWARE STATE POLICE.
Representative Schwartzkopf made comments and introduced Sgt. Michael Ripple, Legislative Liaison, DSP.
SCR 40 was adopted by voice vote and was returned to the Senate.
Representative Longhurst deferred to Representative Schwartzkopf.
Representative Schwartzkopf introduced and brought HCR 37, jointly sponsored by Senator Huxtable & Representative Dorsey Walker & Representative Shupe & All Senators, before the House for consideration.
HCR 37 - RECOGNIZING THE MONTH OF APRIL 2023 AS “NATIONAL DONATE LIFE MONTH” IN DELAWARE.
Representative Schwartzkopf made comments and introduced guests.
HCR 37 was adopted by voice vote and was sent to the Senate for concurrence.
Representatives Longhurst & Neal made comments regarding HCR 37.
Mr. Speaker Schwartzkopf resumed the Chair.
Representative Longhurst deferred to Representative D. Short.
Representative D. Short introduced and brought SCR 41, jointly sponsored by Senator Richardson & Senators Hansen, Hocker, Lawson, Pettyjohn, Sturgeon & Wilson & Representatives Carson, K. Johnson & Ramone, before the House for consideration.
SCR 41 - RECOGNIZING 2023 AS THE 100 TH ANNIVERSARY OF THE FOUNDING OF THE SEAFORD KIWANIS CLUB.
Representative D. Short made comments.
SCR 41 was adopted by voice vote and was returned to the Senate.
The Chief Clerk read the following communication into the record:
The Senate wishes to inform the House that it has passed SCR 41 and requests the concurrence of the House.
Representative Bush requested that he be marked present.
The Majority Leader moved to recess for caucus at 3:06 p.m.
The House reconvened at 4:50 p.m.
The Chief Clerk read the following communication into the record:
The Senate wishes to inform the House that it has passed SS 1 for SB 95 & SB 67 and requests the concurrence of the House and the Senate has passed HCR 37 and is returning the same to the House.
Representative Longhurst deferred to Representative K. Williams.
Representative K. Williams brought SB 61, jointly sponsored by Senator Sturgeon & Senator Lockman & Senator Townsend & Senator S. McBride & Representative Heffernan & Representative
S. Moore & Senators Gay, Hansen, Hoffner, Pinkney & Walsh & Representatives Baumbach, Lambert, Morrison & Romer, before the House for consideration.
SB 61 - AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO ABSENCES OF SCHOOL EMPLOYEES.
Representative Matthew requested that HA 1 to SB 61 be stricken. Representative K. Williams brought HA 2 to SB 61 before the House for consideration. Representative K. Williams made comments. HA 2 was adopted by voice vote. Representative K. Williams made comments.
The roll call on SB 61 w/HA 2 was taken and revealed:
YES: 36.
NO: Representative Bolden - 1.
ABSENT: Representatives Heffernan, Hensley, Minor-Brown & Romer - 4.
Therefore, having received a constitutional majority, SB 61 w/HA 2 was returned to the Senate.
Representative Longhurst deferred to Representative D. Short.
Representative D. Short brought HB 107, jointly sponsored by Senator Richardson, before the House for consideration.
HB 107 - AN ACT TO AMEND THE CHARTER OF THE CITY OF SEAFORD RELATING TO THE CITY'S ABILITY TO BORROW MONEY AND ISSUE BONDS. (2/3 BILL)
Representative D. Short brought HA 1 to HB 107 before the House for consideration. Representative D. Short made comments. HA 1 was adopted by voice vote. Representative D. Short made comments.
The roll call on HB 107 w/HA 1 was taken and revealed:
YES: 36.
ABSENT: Representatives Heffernan, Hensley, Minor-Brown, Romer & K. Williams - 4.
Therefore, having received a constitutional majority of at least two-thirds Members of the House, HB 107 w/HA 1 was sent to the Senate for concurrence.
Representative Longhurst deferred to Representative Matthews.
Representative Matthews brought HB 109, jointly sponsored by Senator Hansen & Representatives Gray, Griffith, Harris, Heffernan, Ramone, D. Short & K. Williams & Senators Lawson & Wilson, before the House for consideration.
HB 109 - AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO THE RULES OF THE ROAD.
Representative Matthews brought HA 1 to HB 109 before the House for consideration. Representative Matthews made comments. HA 1 was adopted by voice vote. Representative Matthews made comments.
The roll call on HB 109 w/HA 1 was taken and revealed:
YES: 36.
ABSENT: Representatives Heffernan, Hensley, Minor-Brown, Romer & K. Williams - 5.
Therefore, having received a constitutional majority, HB 109 w/HA 1 was sent to the Senate for concurrence.
Representative Longhurst deferred to Representative Matthews.
Representative Matthews brought HB 111, jointly sponsored by Senator Hansen & Representatives Baumbach, Briggs King, Bush, Carson, Gray, Harris, Heffernan, Hensley, K. Johnson, Morris, Osienski, Ramone, D. Short & K. Williams & Senators Lawson, Mantzavinos, Pettyjohn, Pinkney & Walsh, before the House for consideration.
HB 111 - AN ACT TO AMEND TITLE 21 OF THE DELAWARE CODE RELATING TO REGISTRATION OF VEHICLES.
Representative Matthews brought HA 1 to HB 111 before the House for consideration. Representative Matthews made comments. HA 1 was adopted by voice vote. Representative Matthews made comments.
The roll call on HB 111 w/HA 1 was taken and revealed:
YES: 37.
ABSENT: Representatives Heffernan, Hensley, Minor-Brown & Romer - 4.
Therefore, having received a constitutional majority, HB 111 w/HA 1 was sent to the Senate for concurrence.
Representative Longhurst deferred to Representative Lynn.
Representative Lynn brought HB 135, jointly sponsored by Representative Bush & Representative Carson & Representative Harris & Representative Morris & Representative Shupe & Representative Spiegelman & Senator Paradee & Senator Buckson & Senator Hoffner, & Senator Lawson & Senator Wilson & Senator Pettyjohn & Representatives Briggs King, Cooke, Dukes, Gray, S. Moore, Neal, Postles, Ramone, D. Short & Vanderwende & Senators Hansen & Hocker, before the House for consideration.
HB 135 - AN ACT TO AMEND TITLE 10 OF THE DELAWARE CODE RELATING TO THE SUPREME COURT.
Representatives Lynn & Yearick made comments.
The roll call on HB 135 was taken and revealed:
YES: 37
ABSENT: Representatives Heffernan, Hensley, Minor-Brown & Romer - 4.
Therefore, having received a constitutional majority, HB 135 was sent to the Senate for concurrence.
Representative Longhurst deferred to Representative Griffith.
Representative Griffith brought HB 95, jointly sponsored by Senator Hansen & Senator Poore & Representative Heffernan & Representative Lynn & Representative K. Williams & Senator Walsh & Representatives Baumbach, Bolden, Chukwuocha, Phillips, Romer & D. Short & Senators Hoffner, Huxtable, Richardson, Sokola & Sturgeon, before the House for consideration.
HB 95 - AN ACT TO AMEND TITLE 13 OF THE DELAWARE CODE RELATING TO COMPANION ANIMALS IN THE DISPOSITION OF MARITAL PROPERTY.
Representative Griffith made comments.
The roll call on HB 95 was taken and revealed:
YES: 36.
ABSENT: Representatives Heffernan, Hensley, Minor-Brown, Romer & D. Short - 5.
Therefore, having received a constitutional majority, HB 95 was sent to the Senate for concurrence.
Representative Longhurst deferred to Representative Shupe.
Representative Shupe brought SB 37, jointly sponsored by Senator Walsh & Senators Gay, Hansen, Huxtable, Lockman, Mantzavinos, Pinkney & Poore & Representatives Baumbach, Heffernan, Morrison & Yearick, before the House for consideration.
SB 37 - AN ACT TO AMEND TITLE 29 OF THE DELAWARE CODE RELATING TO THE STATE DOG.
Representative Shupe made comments.
The roll call on SB 37 was taken and revealed:
YES: 36
ABSENT: Representatives Heffernan, Hensley, Minor-Brown, Romer & D. Short - 5.
Therefore, having received a constitutional majority, SB 37 was returned to the Senate.
Representative Ramone made comments.
Mr. Speaker Schwartzkopf assigned HB 94 to the Appropriations Committee.
The Majority Leader moved to recess to the call of the Chair at 5:27 p.m.
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