Constitutional amendment (voter referendum); right to work. (SB446)

Introduced By

Sen. Mark Obenshain (R-Harrisonburg)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Constitutional amendment (voter referendum); right to work. Provides for a referendum at the November 8, 2016, election to approve or reject an amendment to prohibit any agreement or combination between an employer and a labor union or labor organization whereby (i) nonmembers of the union or organization are denied the right to work for the employer, (ii) membership to the union or organization is made a condition of employment or continuation of employment by such employer, or (iii) the union or organization acquires an employment monopoly in any such enterprise. Read the Bill »

Status

03/10/2016: Passed the General Assembly

History

DateAction
01/12/2016Prefiled and ordered printed; offered 01/13/16
01/12/2016Prefiled and ordered printed; offered 01/13/16 16102130D
01/12/2016Referred to Committee on Privileges and Elections
01/15/2016Impact statement from DPB (SB446)
01/19/2016Reported from Privileges and Elections (7-Y 6-N) (see vote tally)
01/21/2016Constitutional reading dispensed (39-Y 0-N) (see vote tally)
01/25/2016Read second time and engrossed
01/26/2016Passed by for the day
01/27/2016Passed by for the day
01/28/2016Passed by for the day
01/29/2016Passed by for the day
02/01/2016Passed by for the day
02/02/2016Read third time and passed Senate (21-Y 19-N) (see vote tally)
02/05/2016Placed on Calendar
02/05/2016Read first time
02/05/2016Referred to Committee on Privileges and Elections
02/08/2016Assigned P & E sub: Constitutional
02/29/2016Subcommittee recommends reporting (5-Y 2-N)
03/04/2016Reported from Privileges and Elections (15-Y 7-N) (see vote tally)
03/07/2016Read second time
03/08/2016Read third time
03/08/2016Passed House (65-Y 34-N)
03/08/2016VOTE: PASSAGE (65-Y 34-N) (see vote tally)
03/09/2016Enrolled
03/09/2016Bill text as passed Senate and House (SB446ER)
03/09/2016Impact statement from DPB (SB446ER)
03/09/2016Signed by Speaker
03/10/2016Signed by President
03/11/2016G Governor's Action Deadline Midnight, Monday, April 11, 2016
03/11/2016Enrolled Bill Communicated to Governor on 3/11/16
03/11/2016G Governor's Action Deadline Midnight, Sunday, April 10, 2016

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 2 clips in all, totaling 12 minutes.

Transcript

This is a transcript of the video clips in which this bill is discussed.

NOT. THAT'S -- THAT IS MY CONCERN WITH THIS MEASURE, IS THAT IF SOMETHING THAT WE ALL AGREE TO UNIVERSALLY CAN SUDDENLY PUT -- BE PUT INTO DOUBT, YOU KNOW, NOBODY ANTICIPATED THIS. ABSOLUTELY NOBODY COULD HAVE ANTICIPATED THAT MOVE, AND SO I THINK WHEN WE HAVE SOMETHING AS FUNDAMENTALLY IMPORTANT AS THIS, I THINK PEOPLE WANT TO HAVE ASSURANCE THAT THERE'S NOT GOING TO BE SOME SUDDEN SURPRISE. THE SENIOR SENATOR FROM FAIRFAX. I THANK THE GENTLEMAN. I WOULD JUST SIMPLY SAY THAT IT APPEARS THAT MR. HERRING GETS CRITICIZED WHEN HE PHYSICALS OUR LAWS AND HE GETS -- FOLLOWS OUR LAWS AND HE GETS CRITICIZED WHEN HE DOESN'T. THE SENATOR FROM JEFFERSON, SENATOR GARRETT.

Sen. Tom Garrett (R-Lynchburg): YOU'RE GOING TO LOVE THIS. WE HAVE AN UNPRECEDENTED ACTIVIST RIGHTS ON THE HILL IN THAT BUILDING AND SO WHILE EVERYTHING THAT THE SENIOR SENATOR FROM FAIRFAX, WITH THE EXCEPTION OF SUNDAY HUNTING, WHICH WE PASSED A BILL ON THAT A COUPLE YEARS AGO, MIGHT HAVE BEEN ACCURATE UNTIL THE CURRENT OCCUPANT OF THAT OFFICE WAS ELECTED, IT ISN'T NOW. THAT GENTLEMAN TOOK A DUTY TO UPHOLD THE LAWS OF VIRGINIA AND HAS AT EVERY TURN WORKED TO UNDERMINE THE LAWS OF VIRGINIA AND I'LL NOT SOF END MY TONE BECAUSE IT'S TRUE. HE CAMPAIGNED ON STOPPING FOCUSING ON SOCIAL ISSUES AND SAID HE WOULD BE AN ADVOCATE TO UPHOLD VIRGINIA LAW AND IMMEDIATELY SAWED OFF THE WII OF THE ELECTORATE ON MARRIAGE -- WILL OF THE ELECTORATE ON MARRIAGE, ON FIREARMS --

[Unknown]: LET'S BE --

Sen. Tom Garrett (R-Lynchburg): I'M SPEAKING TO THE BILL, MR. PRESIDENT.

[Unknown]: LET'S KEEP OUR DISCUSSION FOCUSED ON THIS BILL. I'M ON -- YES, SIR, MR. PRESIDENT. ON MARRIAGE, FIREARMS, AND ON THIS. SO TO SAY NOBODY WOULD EVER CARRY THIS BILL, AND I WANT PEOPLE TO LOOK THIS UP, WOULD CARRY THIS BILL IN VIRGINIA, MIGHT HAVE MADE SENSE RIGHT UP UNTIL THE ATTORNEY GENERAL OF VIRGINIA WEIGHED IN WITH THE CALIFORNIA TEACHERS ASSOCIATION IN THE SUPREME COURT CASE. THE CRUX OF THAT CASE BEFORE THE SUPREME COURT IS, MAN ZA STORY DUES, THAT YOU SHOULD BE FORCED TO PAY DUES TO BE A MEMBER OF AN ORGANIZATION WHEREIN YOU NEED TO BE IN THAT ORGANIZATION TO HAVE A JOB AND YOU'RE GOSH DARN RIGHT THAT'S NOT THE VIRGINIA WAY AND I HOPE IT NEVER IS. NO, MAYBE TEN YEARS AGO THAT WOULDN'T BE AN APPROPRIATE ARGUMENT BECAUSE BOTH SIDES OF THE AISLE IN VIRGINIA AGREED THAT RIGHT TO WORK WAS RIGHT AND IT WORKED, BUT THAT'S NOT THE CASE ANYMORE. A STATEWIDE ELECTED OFFICIAL FROM VIRGINIA HAS SIDED WITH MANDATORY UNION DUES OR ELSE REMOVING SOMEONE'S ABILITY TO MAKE A LIVELIHOOD IN AN ARENA, SO MAYBE YOU CAN MAKE THE ARGUMENT THAT THIS WASN'T RIPE UNTIL IT WAS AND RIGHT NOW IT IS. BECAUSE WHAT'S HAPPENING DOWN THERE BREAKS PRECEDENT WITH 400 YEARS OF WHO WE ARE AS VIRGINIANS AND THAT'S WHY WE NEED TO PASS THIS BILL. THANK YOU. THANK YOU, SENATOR. THE SENATOR FROM ROCKINGHAM, SENATOR OBENSHAIN.

Sen. Mark Obenshain (R-Harrisonburg): MR. PRESIDENT, I'VE LEARNED A LOT THIS MORNING, AND BASED UPON THE ARGUMENTS THAT I'VE HEARD, I GUESS IF YOU LIKE SUNDAY HUNTING, YOU'LL LOVE THESE AND IF YOU BELIEVE IN CONCEALED BILLS. CARRY RECIPROCITY, YOU'RE GOING TO STROTE FOR THE RIGHT TO WORK -- VOTE FOR THE RIGHT TO WORK CONSTITUTIONAL AMENDMENT. AND BOTTOM LINE IS, IF YOU REALLY SUPPORT OUR RIGHT TO WORK LAWS IN VIRGINIA, IF YOU REALLY BELIEVE THAT THEY ARE NOT SUBJECT TO ATTACK, IF YOU REALLY BELIEVE THAT WE OUGHT TO PROTECT THE 60-YEAR HERITAGE OF OUR RIGHT TO WORK LAWS, YOU'RE GONNA LOVE THESE BILLS, AND I HOPE YOU WILL VOTE FOR THIS CONSTITUTIONAL AMENDMENT. AND VOTE FOR THE ABILITY TO GIVE THIS CHOICE, NOT TO US, BUT TO THE PEOPLE OF VIRGINIA.

[Unknown]: THANK YOU, SENATOR. THE SENATOR FROM ROANOKE CITY, SENATOR EDWARDS.

Sen. John Edwards (D-Roanoke): MR. PRESIDENT, SPEAKING TO THIS MEASURE, MR. PRESIDENT, WE DON'T AND SHOULD NOT AMEND THE CONSTITUTION WILLY-NILLY JUST BECAUSE SOMEBODY THINKS, HEY, IT'S A GOOD IDEA TO PUT SOMETHING IN THE CONSTITUTION EVEN THOUGH THERE'S NOT A PROBLEM. IT'S VERY CLEAR, DESPITE ALL THIS VERY CONFUSING DISCUSSION WAY OFF POINT, IN MY OPINION, IN MANY CASES, THAT THE RIGHT TO WORK LAW HAS BEEN ON THE BOOKS SINCE, I DON'T KNOW, LATE '40s OR THEREABOUTS. NOBODY HAS PUT IN A BILL. NOBODY HAS PUT IN A BILL THAT I'M AWARE OF, IN ALL THESE YEARS, TO CHANGE THE RIGHT TO WORK LAW IN VIRGINIA. IT REMAINS THE LAW OF VIRGINIA, IT'S NOBODY TRYING TO CHANGE IT. THIS IS COMPLETELY UNNECESSARY. I THINK WE SHOULD VOTE NO. THANK YOU, MR. PRESIDENT.

[Unknown]: THANK YOU, SENATOR. THE QUESTION IS SHALL SENATE BILL 446 ALL IN FAVOR OF THE MOTION WILL RECORD THEIR VOTES AYE, THOSE OPPOSED NO. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CHANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.

Sen. John Edwards (D-Roanoke): AYES 21, NOS 19.

[Unknown]: AYES 21, NOS 19.


Del. Bill Howell (R-Fredericksburg): CHARLOTTESVILLE, MR. TOSCANO.

Del. David Toscano (D-Charlottesville): THANK YOU MR. SPEAKER, SPEAKING TO THE SPHWHIL.

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN HAS THE FLOOR.

Del. David Toscano (D-Charlottesville): THANK YOU MR. SPEAKER, LADIES AND GENTLEMEN OF THE HOUSE, IT'S ALMOST APRIL, AND EVERY APRIL, THERE'S A LITTLE GOLF TOURNAMENT PLAYED IN AUGUSTA, GEORGIA CALLED THE MASTERS, AND YOU PROBABLY HAVE ALREADY SEEN THE ADVERTISEMENTS FOR THE MASTERS. WITH A VERY FAMOUS QUOTE BY JIM NANCE, A TRADITION UNLIKE ANY OTHER. SO WE ARE TALKING ABOUT THE CONSTITUTIONAL AMENDMENT, I'M TALKING ABOUT JIM NANCE AND TRADITION. THE REASON I'M TALKING ABOUT TRADITION, LADIES AND GENTLEMEN OF THE HOUSE, IS THAT WE HAVE A TRADITION IN THIS BODY THAT SEEMS TO OCCUR EVERY YEAR. AND THAT TRADITION USUALLY INVOLVES A BILL TARGETED TO ORDNIZE DOLLARS LABOR FOR A PROBLEM THAT DOESN'T EXIST. THIS IS ONE OF THOSE BILLS. BEFORE I GET TO THE REASON WHY WE SHOULDN'T VOTE FOR THIS BECAUSE IT'S A PROBLEM THAT DOESN'T EXIST, I WANT YOU TO REMEMBER A LITTLE BIT ABOUT THE HISTORY OF ORGANIZED LABOR IN THIS COUNTRY. THE LABOR MOVEMENT IN THIS COUNTRY TRANSFORMED AMERICA, LARGELY FOR THE GOOD. IT WAS ORGANIZED LABOR THAT BUILT THE SHIPS AND THE AIRCRAFT, THAT WENT OVERSEAS TO HELP US WIN THAT WAR, THEY BUILT THE SKYSCRAPERS AND EVEN PUT THE ELEVATORS, THE BOILERS IN THE BASEMENT, THE ELECTRICITY IN IT, AND THE PLUMBING IN THOSE BUILDINGS. THEY HELPED BUILD THE RAILROADS. THE GREAT INTERSTATE HIGHWAY SYSTEM. ROADS AND BRIDGES THAT WE TRAVEL ON AND GET OUR GOODS TO MARKET. THEY HELP BUILD THE LANES IN VIRGINIA, THE WOODROW WILSON BRIDGE, PHASE ONE TO DULLES, ON BUDGET, AND ON TIME. THEY CHANGED AMERICA. THEY WERE THE COAL MINERS THAT MINED THE COAL THAT FUELED THE INDUSTRIAL RENAISSANCE OF AMERICA. , AND WHILE THEY WERE DOING THAT, THEY WERE ALSO CHANGING THINGS IN A SOCIAL WAY. THE 40 HOUR WORK WEEK, THANK YOU ORGANIZED LABOR, PENSIONS, RELIEF FOR THE DES CITYTUTE, PROHIBITIONS AGAINST CHILD LABOR, SAFER WORKPLACES. WAGES BY WHICH PEOPLE COULD PAY TO BUY A HOME, TO BUY A CAR, TO PUT THEIR KIDS THROUGH SCHOOL. THESE ARE TANGIBLE BENEFITS THAT SOMETIMES WE FORGET ABOUT WHEN WE TALK ABOUT THESE BILLS ON THE FLOOR, BUT WE SHOULDN'T FORGET ABOUT THEM. MR. SPEAKER, LADIES AND GENTLEMEN OF THE HOUSE, THE CAPTAINS OF INDUSTRY FOUGHT AGAINST A LOT OF THESE CHANGES THAT WE NOW TAKE FOR GRANTED. WE SHOULD NOT LOSE TRACK OF THAT AS WE THINK ABOUT THIS BILL. NOW, WE TALKED ABOUT THIS A COUPLE OF WEEKS AGO, AND TALKED ABOUT THE FACT THERE IS NO THREAT TO RIGHT TO WORK IN VIRGINIA. NONE. NO COURT CASES, NO LEGISLATION, NOTHING. RIGHT TO WORK HAS BEEN ON THE BOOKS OF VIRGINIA FOR OVER 50 YEARS. AND THERE'S NEVER BEEN A SERIOUS CHALLENGE TO IT. SO WHAT ARE WE DOING HERE? WE ARE TRYING TO SCORE SOME REALLY NICE POLITICAL POINTS BY PUTTING SOMETHING ON THE BALLOT. AND IN THE PROCESS, WE ARE PROPOSING TO CHANGE OUR NOT SOMETHING TO BE TAKEN CONSTITUTION. LIGHTLY. SO MR. SPEAKER, LADIES AND GENTLEMEN OF THE HOUSE, I HOPE THAT YOU WILL VOTE TODAY NOT TO MESS WITH OUR CONSTITUTION, NOT TO PUT THINGS IN OUR CONSTITUTION THAT WE ALREADY HAVE IN LAW THAT NOBODY IS THREATENING. I HOPE THAT YOU WILL VOTE NO ON THIS CONSTITUTIONAL AMENDMENT. THANK YOU MR. SPEAKER.

[Unknown]: MR. SPEAKER?

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN FROM STANTON, MR. BELL.

[Unknown]: SPEAKING TO THE BILL?

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN HAS THE FLOOR.

[Unknown]: MR. SPEAKER, IN RESPONSE TO THE GENTLEMAN, I WOULD SAY THIS. IF ORGANIZED LABOR TODAY WAS WHAT ORGANIZED LABOR WAS IN 1930, THEN THIS WOULD BE DIFFERENT AND WE WOULDN'T NEED THIS BILL. BUT WE ALL KNOW THAT IT'S NOT WE WATCHED DECADES OF POLITICIZING IN ORGANIZED LABOR, WE'VE WATCHED DECADES OF CORRUPTION MANIFEST ITSELF, AND WE DON'T NEED THAT. AND IT'S NOT OUR CONSTITUTION IF YOU ARE TALKING ABOUT JUST THE PEOPLE IN THIS BODY. THE CONSTITUTION BELONGS TO ALL THE PEOPLE, JUST LIKE THE GOVERNMENT DOES. AND WHAT THIS BILL DOES IS ALLOW THOSE PEOPLE TO DECIDE WHETHER THEY WANT THIS TO BE PERMANENT PART OF A VIRGINIA CONSTITUTION, AND THAT'S WHERE THE DECISION SHOULD BE MADE, AND THAT'S WHAT THIS BILL ALLOWS TO HAPPEN. SO I WOULD ENCOURAGE YOU TO PASS THE BILL. [APPLAUSE]

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN FROM SUFFOLK, MR. MORRIS.

[Unknown]: MR. SPEAKER, SPEAKING IT TO THE BILL?

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN HAS THE FLOOR.

[Unknown]: LADIES AND GENTLEMEN, RIGHT IT TO WORK IS NOT ABOUT BEING -- RIGHT TO WORK IS ABOUT NOT BEING FORCED TO JOIN A UNION. RIGHT TO WORK DOES NOT DISESTABLISH ANY UNION. IT SIMPLY SAYS THAT YOU ARE NOT -- IT DISSOLVES THE SERVITUDE THAT YOU ARE BOUND TO THE UNIONS TO PROVIDE YOUR HARD EARNED MONEY TO AN ORGANIZATION YOU MAY NOT EVEN BELIEVE IN. THE RIGHT TO WORK IS A FREEDOM TO WORK. AND TO KEEP YOUR HARD-EARNED MONEY AS YOU SEE IT, AND NOT BE FORCED TO JOIN THESE ORGANIZATIONS. I HOPE WE PASS THIS BILL. THANK YOU MR. SPEAKER. SHALL THE BILL PASS?

Del. Bill Howell (R-Fredericksburg): THE CLERK WILL CLOSE THE ROLL.

[Unknown]: AYES 65, NOS 34. AYES 65, NOS 34, THE BILL