School boards; procedures for handling sexually explicit instructional materials, etc. (HB2191)

Introduced By

Del. Steve Landes (R-Weyers Cave) with support from co-patrons Del. Dave Albo (R-Springfield), Del. Rich Anderson (R-Woodbridge), Del. Dave LaRock (R-Loudoun), and Del. Scott Lingamfelter (R-Woodbridge)

Progress

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

Description

School boards; procedures; sexually explicit instructional materials or related academic activities.Requires each school board's procedures for handling challenged controversial instructional materials to include procedures for (i) annually notifying the parent of any student enrolled in a course in which the instructional materials or related academic activities may include sexually explicit content of the potential for such sexually explicit content in such course and (ii) providing, as a replacement for instructional materials or related academic activities that include sexually explicit content, nonexplicit instructional materials or related academic activities to any student whose parent so requests. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
01/11/2017Committee
01/11/2017Prefiled and ordered printed; offered 01/11/17 17102452D
01/11/2017Referred to Committee on Education
01/17/2017Impact statement from DPB (HB2191)
02/01/2017Reported from Education with substitute (17-Y 3-N) (see vote tally)
02/01/2017Committee substitute printed 17104985D-H1
02/02/2017Read first time
02/03/2017Read second time
02/03/2017Committee substitute agreed to 17104985D-H1
02/03/2017Engrossed by House - committee substitute HB2191H1
02/06/2017Read third time and passed House (73-Y 25-N)
02/06/2017VOTE: PASSAGE (73-Y 25-N) (see vote tally)
02/07/2017Constitutional reading dispensed
02/07/2017Referred to Committee on Education and Health
02/08/2017Impact statement from DPB (HB2191H1)
02/10/2017Assigned Education sub: Public Education
02/16/2017Reported from Education and Health with amendment (9-Y 6-N) (see vote tally)
02/17/2017Constitutional reading dispensed (39-Y 0-N) (see vote tally)
02/20/2017Read third time
02/20/2017Reading of amendment waived
02/20/2017Committee amendment agreed to
02/20/2017Engrossed by Senate as amended
02/20/2017Passed Senate with amendment (22-Y 18-N) (see vote tally)
02/21/2017Placed on Calendar
02/21/2017Pending question ordered
02/21/2017Senate amendment agreed to by House (71-Y 25-N)
02/21/2017VOTE: ADOPTION (71-Y 25-N) (see vote tally)
02/24/2017Enrolled
02/24/2017Bill text as passed House and Senate (HB2191ER)
02/24/2017Signed by Speaker
02/24/2017Signed by President
02/27/2017Impact statement from DPB (HB2191ER)
02/28/2017Enrolled Bill communicated to Governor on 2/28/17
02/28/2017G Governor's Action Deadline Midnight, March 27, 2017
03/13/2017G Vetoed by Governor
04/05/2017Placed on Calendar
04/05/2017House sustained Governor's veto (65-Y 32-N)
04/05/2017VOTE: OVERRIDE GOVERNOR'S VETO (65-Y 32-N) (see vote tally)
04/05/2017(67 affirmative votes required to override)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 3 clips in all, totaling 41 minutes.

Transcript

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

AND THE LANDOWNER, AS THE LAW IS CURRENTLY WRITTEN, HAVE NO RECOURSE. ALL THIS BILL DOES IS SAYS IF YOU'RE A BAD ACTOR, AND YOU KNOWINGLY RUN YOUR DOGS ACROSS THE PROPERTY, THE LANDOWNER NOW HAS RECOURSE. MR. SPEAKER AGAIN, I MOVE THAT THE BILL BE ENGROSSED AND MOVED ON TO THE THIRD READING.

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN FROM POWHATAN.

[Unknown]: I KNOW YOU'RE SUPPOSED TO MOVE THE PENDING QUESTION. [LAUGHTER] MR. SPEAKER, I MOVE THE PENDING QUESTION.

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN FROM POWHATAN, [LAUGHTER] FOR THE LAST TIME, MOVE. MOVE THE PENDING QUESTION, THOSE IN FAVOR OF THAT MOTION SAY AYE.

[Unknown]: AYE. PENDING QUESTION CALLED FOR. BILL IS ENGROSSED AND PASSED TO THE THIRD READING. TURNING TO PAGE 28, TODAY'S CALENDAR HOUSE BILL SECOND READING REGULAR, HOUSE BILL 1938 IS A BILL TO AMEND AND REENACT SECTIONS OF THE CODE REGARDING SLING BOW HUNTING, NATURAL RESOURCES WITH AN AMENDMENT.

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN FROM HALIFAX, MR. EDMUNDS.

Del. James Edmunds (R-South Boston): MR. SPEAKER, I MOVE THE COMMITTEE AMENDMENT.

[Unknown]: THOSE IN FAVOR OF THAT MOTION WILL SAY AYE.

Del. James Edmunds (R-South Boston): AYE.

[Unknown]: THOSE OPPOSED SAY NO. AMENDMENT IS AGREED TO. 1938 WOULD ALLOW THE USE OF A SLING BOW FOR HUNTING DEER AND TURKEY. THE BILL THAT IS WRITTEN REQUIRES THAT SUCH WEAPON HAVE A WEIGHT OF 10 POUNDS OR MORE, SIMILAR TO THAT OF OTHER ARK -- ARCHERY EQUIPMENT. THOSE IN FAVOR OF THAT MOMENT SAY AYE. THOSE OPPOSED SAY NO. THE BILL IS ENGROSSED AND PASSED TO THE THIRD READING. A BILL TO ENACT SEVERAL SESHG -- SECTIONS OF THE CODE, REPORT TO COMMITTEE ON EDUCATION AND AMENDMENTS.

Del. Bill Howell (R-Fredericksburg): MR. BELL. THE QUESTION IS ON ADOPTION OF THE COMMITTEE AMENDMENT. THOSE IN FAVOR SAY AYE.

[Unknown]: AYE. THE AMENDMENTS ARE AGREED TO. MR. SPEAKER AND MEMBERS OF THE HOUSE, THIS IS A BILL THAT INVOLVES DUAL ENROLLMENT, THAT'S WHEN HIGH SCHOOL STUDENTS TAKE COLLEGE CLASSES, WHICH IS USUALLY DELIVERED AT THE HIGH SCHOOL, SO THEY BRING IN A TEACHER, THEY HAVE AN EXISTING TEACHER THAT IS CERTIFIED AND THEY CAN GET COLLEGE CREDIT WHILE SITTING IN THE HIGH SCHOOL CLASSROOM. ANY HIGH SCHOOL THAT OFFERS THE CREDITS WILL HAVE TO MAKE THOSE AVAILABLE TO HOMESCHOOLERS THAT WILL BE ELIGIBLE, THEY WILL BE ENROLLED AS PART TIME STUDENTS. HOPEFULLY IT'S THE PLEASURE OF THE HOUSE TO ENGROSS THE BILL AND PASS IT ON TO A THIRD READING. THOSE IN FAVOR OF THAT READING SAY AYE. AYE. IT'S PASSED TO THE THIRD READING. HOUSE BILL 2191, A BILL TO REENACT A CODE OF VIRGINIA RELATED TO SCHOOL BOARDS, EXPLICIT INSTRUCTION MATERIAL OR RELATED ACADEMIC ACTIVITIES. MR. LANDIS. THANK YOU MR. SPEAKER, I LIKE TO MOVE THE COMMITTEE AMENDMENT IN THE NATURE OF SUBSTITUTE. AS MANY FAVOR THOSE MOTION SAY AYE. THE MOTION IS AGREED TO. THE MEMBER FROM AUGUSTA. NOW I WANT TO TELL YOU WHAT THIS BILL DOES AND WHAT IT DOES NOT DO. HOUSE BILL 2191 WILL DIRECT SCHOOL BOARDS PROCEDURES FOR HANDLING CONTROVERSIAL INSTRUCTION MATERIALS, AND THE POLICY WOULD NEED TO INCLUDE TWO THE BEGINNING OF EACH SCHOOL THINGS, FIRST, IT WOULD -- AT YEAR, PARENTS WOULD NEED TO BE NOTIFIED AND THERE WOULD BE DURING THE YEAR, ANY ADDITIONAL NOTIFICATION AS TEACHERS FELT IT TO BE APPROPRIATE OR NEEDED TO BASICALLY NOTIFY PARENTS OF ANY STUDENT ENROLLED IN A COURSE, WHICH INSTRUCTION MATERIALS OR ACADEMIC ACTIVITIES MAY INCLUDE SEXUALLY EXPLICIT CONTENT, AND THAT THE PARENT HAD CONCERNS RELATED TO THAT CONTENT. SECOND, IT WOULD PROVIDE FOR, IF REQUESTED BY THE PARENT, THAT THE TEACHER WOULD PROVIDE A REPLACEMENT ASSIGNMENT OR INSTRUCTIONAL MATERIAL, OR RELATED ACADEMIC ACTIVITY IF THAT MATERIAL WAS OBJECTED TO BY THE PARENT. THEN THEY WOULD REPLACE THAT WITH NON-EXPLICIT INSTRUCTIONAL MATERIALS. THIS WOULD ONLY BE IF THE PARENT REQUESTED IT. MR. SPEAKER, AND LADIES AND GENTLEMEN OF THE HOUSE, WE FURTHER DEFINED, BECAUSE OF OBJECTIONS RAISED LAST YEAR, THAT THE SEXUALLY EXPLICIT CONTENT WOULD BE DEFINED TO MEAN CONTENT THAT INVOLVES ANY CRIMINAL SEXUAL ASSAULT AS DEFINED AND PUNISHABLE AS A FELONY UNDER ARTICLE VII OF CHAPTER 4 OF 18 PNTS -- 18.2 IN THE CODE AND WHAT DOES SEXUAL EXPLICIT MEAN. THAT IS DEFINED FULLY. MOST OF THE OBJECTIONS AND THE CONCERNS THAT THE SCHOOL SYSTEMS HAVE RAISED, I BELIEVE HAVE BEEN ADDRESSED BY THE LEGISLATION. NOW MR. SPEAKER, AND LADIES AND GENTLEMEN, LET ME TELL YOU WHAT THIS DOES NOT DO. THIS DOES NOT PROHIBIT ANY TEACHER FROM ASSIGNING ANY TYPE OF MATERIAL THEY DEEM NECESSARY OR APPROPRIATE. IT DOES NOT BAN BOOKS, IT DOES NOT BAN ANY MATERIALS THAT AGAIN TEACHERS OR SCHOOL SYSTEMS WOULD LIKE TO HAVE ON THEIR READING LIST AND ALIKE. IT DOESN'T DO THAT. ALL IT SIMPLY DOES IS TO REITERATE THAT IF THERE IS SEXUALLY EXPLICIT MATERIAL AS DEFINED BY THAT SIMPLE CODE SECTION, THAT BASICALLY DEALS WITH RAPE AND SEXUAL ASSAULT, THEN THE PARENT COULD ASK FOR AN ALTERNATIVE ASSIGNMENT. THE PARENT HAS TO BE NOTIFIED TO BE ABLE TO KNOW THAT, AND THAT'S WHY THE REASON FOR THE LEGISLATION IN THE FIRST PLACE. IT ALSO AGAIN JUST SAYS THAT IF THEY REQUEST AN ALTERNATIVE ASSIGNMENT, THEN THE TEACHER PROVIDE THAT. MR. SPEAKER, AND LADIES AND GENTLEMEN, THIS BILL DOES KNOW MORE OR NO LESS THAN WHAT I DESCRIBED. I MOVE THAT THE HOUSE ENGROSS THE BILL AND PASS IT TO ITS THIRD READING. MR. LOPEZ. THANK YOU MR. SPEAKER, SPEAKING TO THE BILL.

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

[Unknown]: THANK YOU MR. SPEAKER, THIS BILL, WHILE I TAKE THE GENTLEMAN AT HIS WORD, STILL HAS SIGNIFICANT UNINTENDED CONSEQUENCES AND PROBLEMS, I DEFINE THEM TO NARROWLY EXPLAIN ANY CRIMINAL SEXUAL ASSAULT DEFINED AS A FELONY ANY OF TITLE 18.2. HERE'S THE THING, WE STILL HAVE A SLIPPERY SLOPE PROBLEM. ACCORDING TO THE AMERICAN LIBRARY ASSOCIATION AND ITS OFFICE OF INTELLECTUAL FREEDOM AND THE FREEDOM TO READ FOUNDATION, AS WELL AS BEING A LOCAL DECISION, THIS BILL WOULD MAKE VIRGINIA THE FIRST STATE TO HAVE A STATEWIDE POLICY REQUIRING TEACHERS TO IDENTIFY CLASSROOM MATERIALS, WITH SOME SEXUALLY EXPLICIT LABELS, AND NOTIFY PARENTS THAT THEIR TEACHER GIVES THEM SOMETHING LESS OBJECTIONABLE. SO WHAT ARE WE DOING? WHAT WE'RE DOING IS WE'RE REQUIRING TEACHERS TO REDEFINE WHATEVER THEY'RE TEACHING, SOLELY IN TERMS OF HOW MUCH SEXUAL CON TENTS IT HAS. MORE THAN LIKELY A TEACHER WILL NOT DO TWO ENTIRELY DIFFERENT LESSON PLANS FOR THE SAME CLASS, JUST BECAUSE OF THE OBJECTION OF ONE PARENT. THIS MAKES IT MUCH LESS LIKELY THEY'RE EVEN WILLING TO ATTEMPT TO USE ANYTHING THAT MIGHT BE CONSIDERED OBJECTIONABLE IN THEIR LESSONS. WITHOUT INTENDING TO DO IT, THIS WILL HAVE A DAMPENING EFFECT TO AVOID ANY CONTENT THEY MAY VIEW OBJECTIONABLE. WHEN THE GOVERNMENT PUBLISH -- ESTABLISHES LAW ON A SINGLE FACTOR, REGARDLESS OF THE SIGNIFICANT TO THE LARGER WORLD OF LITERARY MEANING, IT MEANS WE'RE LABELING CONTENT FOR THE SOLE PURPOSE OF SUPPRESSING IT. PARENTS DO OF COURSE, NEED AND SHOULD HAVE THE RIGHT AND OBLIGATION TO SUPERVISE THEIR CHILD'S EDUCATION, BUT THIS IS ABOUT EVERYBODY'S KIDS. THIS BILL IS BROADLY TO INCLUDE ALL EDUCATION MATERIAL, NOT JUST LITERATURE OR ENGLISH ASSIGNMENTS. WHAT ABOUT ART HISTORY? MANY GREEK AN ROMAN SCULPTURES, AND PAINTINGS BY GEORGE ROMNEY, DEPICT SEXUAL ASSAULT. ARE WE SAYING THAT HISTORY AND CIVICS CLASSES CAN'T DISCUSS WAR CRIMES INVOLVING RAPE? WOULD WE NOT BE ABLE TO TEACH THE OLD TESTAMENT, WITH ITS MANY REFERENCES TO SEXUAL ASSAULT AND RAPE? WHAT ABOUT SHAKESPEARE? MEASURE FOR MEASURE, THE TEMPEST, THE MID SUMMER NIGHT'S DREAM? WHAT IS LESS OBJECTIONAL LITERARY WORK THAT IS EQUIVALENT TO ANY OF SHAKESPEARE'S PLAYS. WHAT IS AN EQUIVALENT WORK TO BELOVED, WHICH TEACHES US IN A RAW AND UNFLINCHING MANNER AND TERMS ABOUT THE HORRORS OF SLAVERY. DOES IT NOT MATTER THAT THE FOLKS THAT PUSHED THIS BILL ARE PUSHING OBJECTIONS OF PULITZER PRIZE WINNERS. THEY OFTEN DEAL WITH ADULT TOPICS, DOES THE STATE GOVERNMENT NEED TO BE INVOLVED IN A DISCUSSION THAT SHOULD BE SIMPLY RESOLVED BY PARENTS TALKING TO THEIR KIDS? IS IT BETTER TO HAVE A STATE LAW FORCING THAT CONVERSATION? LET'S BE CLEAR, THE REQUIREMENT THAT EDUCATOR STIGMATIZE LITERATURE, ACCORDING TO A SINGLE STANDARD IS A FORM OF CENSORSHIP THAT IS MEANT TO SUPPRESS THE TEACHING OF CERTAIN TEXTS WITHOUT THE REGARD OF THE LITERARY MERITS. TAKING PIECES OF LITERATURE OUT OF CONTEXT IS LUDICROUS. IT DOES A DISHONOR TO LITERATURE, ACADEMIA, AND THIS BODY. ER -- WHEN WE BAN BOOKS IN SCHOOLS, AS RECENTLY HAPPENED IN ACCOMACK COUNTY, WE GET A BLACK EYE ALL AROUND THE WORLD, JUST LIKE NEWSPAPERS IN EUROPE THAT HAD A FIELD DAY. AT THE END OF THE DAY, THIS IS A SLIPPERY SLOPE TO BACK DOOR CENSORSHIP, AND THE COMMONWEALTH OF VIRGINIA, THE HOME OF MONTICELLO, I HOPE WE WILL VOTE AGAINST THIS BILL. THANK YOU MR. SPEAKER.

Del. Bill Howell (R-Fredericksburg): GENTLEMAN HAS THE FLOOR. I JUST WANTED TO MAKE SURE THAT EVERYBODY REALIZES A FEW THING THAT THE GENTLEMAN FROM ALEXANDRIA OR ARLINGTON.

[Unknown]: ARLINGTON. OKAY. THIS BILL DOES NOT BAN ANY BOOKS, IT DOES NOT SAY YOU CAN'T GO TO A -- YOU CAN'T TAKE THE KIDS TO THE MUSEUM. IT SAYS THAT THE PARENTS NEED TO BE NOTIFIED BEFORE THE BOOK IS ASSIGNED OR A FIELD TRIP OF THE FOLLOWING THINGS. SO THE GENTLEMAN FROM AUGUSTA, HE IS IN A VERY GOOD JOB OF NARROWING THIS. I THINK WE ALL UNDERSTAND THAT THE ORIGINAL BILL MAY HAVE BEEN TOO BROAD BECAUSE ROMEO AND JULIET MAY HAVE BEEN CENSORED, NOT CENSORED, BUT YOU WOULD HAVE TO DO A WARNING TO THE PARENTS ABOUT ROMEO AND JULIET. SO WHAT WE DID IS THAT WE SAID IF YOU ASSIGN A BOOK, THE FOLLOWING TOPICS ARE INCLUDED, THAT THE SCHOOL NEEDS TO MAKE SURE THE PARENTS KNOW. LET ME TELL YOU WHAT THE FOLLOWING TOPICS ARE, AND YOU CAN TELL ME WHETHER YOU AS A PARENT WANT TO KNOW THAT YOUR KID IS READING A BOOK ABOUT THIS, RAPE, CARDINAL KNOWLEDGE OF A MINOR, OF INMATE PROBATIONER, INFECTED SEXUAL BATTERY, FORCIBLE ASODOMY, SEXUAL BATTERY, SEXUAL ABUSE OF A CHILD UNDER 15, I THINK THAT 99.9999% OF THE PARENTS IN VIRGINIA WOULD LIKE TO KNOW IF SOMEONE ASSIGNED THE BOOK THAT HAS SCENES OF SEXUAL ABUSE OF A CHILD AND INFECTED SEXUAL BATTERY. THE GENTLEMAN FROM AUGUSTA AGREED TO COMPROMISE, AND THIS COMPROMISE, I THINK IT SETS A FAIR BALANCE, AND I THINK IT WILL BE THE PLEASURE OF THE HOUSE TO ENGROSS THE BILL AND PASS IT TO THE THIRD READING. THANK YOU MR. SPEAKER, SPEAKING TO THE BILL. THE GENTLEMAN HAS THE FLORIDA. I CANNOT TELL YOU HOW MANY PARENTS HAVE CALLED ME UP, TERRIFIED THAT WE WOULD PASS THIS THING. THEY'RE ALWAYS REMINDING ME, WITHOUT MORE SEXUALLY EXPLICIT MATERIAL IN OUR CURRICULUM, HOW WILL OUR KIDS BE SUCCESSFUL HOW WILL THEY BE ABLE TO GRADUATES? PARTICIPATE IN THE ECONOMY IF WE DON'T HAVE MORE SEXUALLY EXPLICIT MATERIAL IN THE CURRICULUM. I DON'T WANT TO BE NOTIFIED AND THAT. FOR THOSE WHO CAN'T AFFORD AN ALTERNATIVE, WE FORCE YOU TO SEND YOUR KIDS TO PUBLIC SCHOOL. YOU DON'T GET AND OPTION. NOW I DON'T CARE HOW MANY PULITZER PRIZES IT HAS, IF IT'S SEXUALLY EXPLICIT MATERIAL, THAT'S SOMETHING I WANT TO BE NOTIFIED OF. IF WE CAN GET SOME SCHOOL CHOICE LEGISLATION PASSED WITH SOME BIPARTISAN SUPPORT, THEN IF YOU WOULD LIKE TO SEND YOUR CHILD TO A SCHOOL THAT HAS NOTHING BUT SEXUALLY EXPLICIT MATERIAL, BE MY GUEST, THAT'S YOUR OPTION. YOU CAN'T FORCE EVERYBODY ELSE TO DO THE SAME THING. WHAT THIS REQUIRES THE PARENTAL NOTIFICATION FOR A NARROW LIST OF ITEMS, AND I HOPE IT'S THE PLEASURE OF THE BODY TO ENGROSS THE BILL AND PASS IT TO THE THIRD READING. THANK YOU MR. SPEAKER, SPEAKING TO THE BILL. GENTLEMAN HAS THE FLOOR. >> AS A NON-LAWYER ON CRIMINALS FOR A NUMBER OF YEARS, I HAD TO DEAL WITH THINGS THAT I NEVER THOUGHT I WOULD HAVE TO DEAL WITH. SO, LET ME GIVE THE REST OF THE STORY OF WHAT ELSE IS IN OUR TITLE 4. YOU ALSO HAVE THE TOUCHING OF SOMEONE'S INTIMATE PARTS AGAINST THEIR WILL. THAT'S A FELONY AND WILL BE BANNED, ANY CONTENT THAT INCLUDES THAT, OR IF TOUCHING THE INTIMATE PARTS OF THAT INDIVIDUAL WHOSE UNDER 13, THAT IS ALSO A FELONY AND WOULD BE BANNED, SO THINK OF ANY OF THE TIMES THAT YOU HAVE RED SOMETHING WHERE THERE'S AN UNWANTED TOUCH, I'MHINKING OF A TREE GROWS IN BROOKLYN. I'M NOT ANYWHERE NEAR AS WELL EDUCATED FROM THE GENTLEMAN FROM ARLINGTON, SO MY BOOKS ARE FAR MORE SIMPLE, BUT I ALSO WOULD POINT YOU TO EVEN SOME OF THE MORE COMMONLY RECOGNIZED SEXUAL ABUSE. I'M THINKING OF AN EXTREMELY MEANINGFUL BOOK THAT I READ A COUPLE OF DECADES AGO. THAT WOULD BE THE FIRST VOLUME OF MAYA ANGELOU'S AUTOBIOGRAPHY, THE REALITY OF HER LIFE, THE REALITY OF OTHER PEOPLE'S LIVES INCLUDE AT TIMES, AN EXTREMELY DIFFICULT SITUATION WITHIN A FAMILY SITUATION. THESE BOOKS WOULD BE BANNED. NOW WHY AM I SAYING THESE BOOKS WOULD BE BANNED WITH SUCH SURETY? BECAUSE IN THIS SOCIETY THAT WE LIVE IN, PARTICULARLY ENLARGE SCHOOL DIVISIONS, YOU AREN'T GOING TO TAKE THE CHANCE THAT SOMEONE IS GOING TO OBJECT. SO LET ME JUST FINISH AND I WON'T BE ABLE TO PRONOUNCE ANY OF THESE WORDS, BUT AT SOME POINT, LOOK UP GUILTY OF FORCIBLE SODOMY, IF HE OR SHE ENGAGES IN, AND THEN THERE'S THREE WORDS THAT I CAN'T REALLY PRONOUNCE. IT'S NOT A MATTER OF BEING TOO MODEST OF TRYING TO PRONOUNCE THEM, BUT THESE ARE ACTIVITIES THAT ARE FELONIES, THAT THEY'RE IN THE CONTENT OF THE LITERATURE, WOULD MEAN THAT THIS BILL SAYS THAT IT NOW TRIGGERS A TREMENDOUS NUMBER OF STEPS THAT AGAIN, IF THEY'RE NOT FOLLOWED, IF THE PARENT ISN'T PROPERLY INFORMED ON ANY ONE OF THESE DETAILS, THEN IN THIS SOCIETY, THE SCHOOL SYSTEM COULD BE HELD RESPONSIBLE AND WE COULD END UP WITH EXCLUDING FOR ALL WHAT MIGHT BE OBJECTIONABLE TO JUST A FEW AND THAT'S A BANNING OF BOOKS THAT I HOPE THIS COMMONWEALTH DOES NOT GO DOWN THAT PATH. WHILE THAT'S A GOOD ENDING, LET ME ALSO SAY THAT THOUGH I TRIED TO BE AS DISCRETE AS POSSIBLE IN MAKING REFERENCE TO SOME OF THESE THINGS, THESE ARE THE VERY THINGS THAT UNFORTUNATELY THE REPUTATION OF THE COMMONWEALTH WILL BE RIDICULED ON LATE NIGHT TV WHEN THEY TALK ABOUT HOW WE'RE BANNING THESE TYPES OF ACTS. THANK YOU.

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN FROM PRINCE WILLIAM, MR. MARSHALL.

Del. Bob Marshall (R-Manassas): ADDRESSING THE MEASURE.

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

Del. Bob Marshall (R-Manassas): MR. SPEAKER, THE UNITED STATES SUPREME COURT HAS SUSTAINED VIRGINIA'S LAWS, PROHIBITING THE SALE OF MATERIAL THAT'S HARMFUL TO MINORS. NOW IF DESCRIPTIONS THAT ARE IN THESE KINDS OF BOOKS WORK THEIR WAY INTO MATERIAL THAT IS IN THE PUBLIC SCHOOL, SHOULDN'T BE THE SUPREME COURT WILL SUSTAIN, THERE. KEEPING THEM OUT, BECAUSE THERE'S NO OBLIGATION TO SPEND TAXPAYER MONEY ON MATERIAL THAT'S HARMFUL TO MINORS. THE ASSUMPTION HERE IS NOT ONLY DO PARENTS NOT KNOW ANYTHING, THEY SHOULDN'T HAVE ANY INPUT INTO WHAT THEIR CHILD, I WOULD THINK THEY KNOW MORE ABOUT THE DEVELOPMENTAL STATUS AND INFORMATION ON A CHILD THAN A TEACHER IN SCHOOL WOULD BECAUSE THEY COME HOME, THEY FEED THEM, THEY CLOTHE THEM, THEY TAKE THEM ON VACATIONS, THE TEACHER MAY BE THERE FOR ONE HOUR A DAY. YOU TALK ABOUT PARENTAL CONTROL, THE PARENTS OF THIS COMMONWEALTH ARE THE MAIN TRUSTEES FOR THEIR CHILDREN. E, NOT THE TEACHERS. THE TEACHERS HAVE AUTHORITIES GIVEN TO THEM AS AGENTS OF THE PARENTS. THEY'RE NOT THE PRINCIPALS, THEY'RE THE AGENTS. IF THERE IS MATERIAL THAT IS DEALING WITH RAPE, IT'S DESCRIBED ONE WAY IN THE NEW TESTAMENT AND THE OLD TESTAMENT. IF IT'S IN SOME OF THESE BOOKS, IT'S DESCRIBED IN A DIFFERENT WAY, AND THAT'S THE LINE. IT'S NOT THE REFERENCE, IT'S HOW THE DESCRIPTION OCCURS. THAT'S ALL.

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN FROM AUGUSTA, MR. LANDIS.

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


Del. Keith Hodges (R-Urbanna): VIRGINIA COMMUNITY ENHANCEMENT AUTHORITY AND GIVE THE LOCALITIES SOME FLEXIBILITY IN APPOINTING THE NUMBER OF MEMBERS TO THE AUTHORITY FOR THEIR INITIAL TWO-YEAR TERM. I MOVE TO ACCEPT THE SENATE AMENDMENT.

Del. Bill Howell (R-Fredericksburg): SHALL THE SENATE AMENDMENTS BE ACCEPTED? THE CLERK WILL CLOSE THE ROLL.

Del. Keith Hodges (R-Urbanna): AYES 96, NOS 0.

[Unknown]: AYES 96, NOS 0. THE SENATE AMENDMENTS ARE AGREED TO. HOUSE BILL 2067, A BILL TO AMEND AND REENACT A SECTION OF THE CODE OF VIRGINIA RELATING TO DESSERT FICK OF LAW IN FORCEMENT OFFICERS NOTIFICATION. THE BILL PASSED THE HOUSE JANUARY 25 AND SUBSEQUENTLY PASSED THE SENATE WITH AN AMENDMENT WHICH IS BEFORE THE BODY.

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN FROM NEWPORT NEWS.

[Unknown]: THANK YOU, MR. SPEAKER. THE AMENDMENTS TO THIS ARE TECHNICAL IN NATURE AND I WOULD ASK THAT THE HOUSE ACCEPT THE SENATE AMENDMENTS.

Del. Bill Howell (R-Fredericksburg): SHALL THE SENATE AMENDMENTS BE ACCEPTED? THE CLERK WILL CLOSE THE ROLL.

[Unknown]: AYES 96, NOS 0. AYES 96, NOS 0. THE SENATE AMENDMENTS ARE ACCEPTED. TURNING TO PAGE 43. HOUSE BILL 2074, A BILL TO AMEND AND REENACT TWO SECTIONS OF THE CODE OF VIRGINIA RELATING TO INCOME TAX IN FRACTION VIRGINIA VENTURE CAPITAL ACCOUNT INCOME. PASSED THE HOUSE FEBRUARY 7 AND SUBSEQUENTLY PASSED THE SENATE WITH A SUBSTITUTE WHICH IS BEFORE THE BODY.

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN FROM MONTGOMERY, MR. RUSH.

Del. Nick Rush (R-Christiansburg): THANK YOU, MR. SPEAKER. I HOPE IT IS THE PLEASURE OF THE HOUSE TO REJECT THE SENATE SUBSTITUTE.

Del. Bill Howell (R-Fredericksburg): SHALL THE SENATE SUBSTITUTE BE AGREED TO? THE CLERK WILL CLOSE THE ROLL.

Del. Nick Rush (R-Christiansburg): AYES1, NOS 96.

[Unknown]: AYES 1, NOS 96, THE SENATE AMENDMENTS ARE REJECTED. HOUSE BILL 2092, A BILL TO AMEND AND REENACT TWO SECTIONS OF THE CODE RELATING TO APPLICATION FOR PUBLIC ASSISTANT REVIEW OF RECORDS. PASSED THE HOUSE FEBRUARY 7, SUBSEQUENTLY PASSED THE SENATE WITH AMENDMENT FEBRUARY 20 AND THOSE AMENDMENTS ARE BEFORE THE BODY.

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN FROM LOUDOUN, MR. LaROCK.

Del. Dave LaRock (R-Loudoun): I WOULD ASK THAT THE BODY VOTE NO AND REJECT THE SENATE AMENDMENT.

Del. Bill Howell (R-Fredericksburg): SHALL THE SENATE AMENDMENT BE AGREED TO? THE CLERK WILL CLOSE THE ROLL.

Del. Dave LaRock (R-Loudoun): AYES 0, NOS 97.

[Unknown]: AYES 0, NOS 97. THE SENATE AMENDMENT IS HOUSE BILL 2136, A BILL TO REJECTED. AMEND THE CODE OF VIRGINIA RELATING TO THE WASHINGTON METRO WELL SAFETY COMMISSION INTERSTATE COMPACT. THE BILL HAS EMERGENCY CLAUSE. PASSED THE HOUSE FEBRUARY 7 AND SUBSEQUENTLY PASSED THE SENATE WITH AN AMENDMENT WHICH IS BEFORE US.

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN FROM FAIRFAX, MR. LeMUNYON.

Del. Jim LeMunyon (R-Oak Hill): THANK YOU, MR. SPEAKER. THE SENATE FOUND A GRAMMATICAL ERROR ON LINE 51. THE AMENDMENT CORRECTS THAT. I HOPE IT WOULD BE THE PLEASURE OF THE BODY TO ACCEPT THE SENATE AMENDMENT.

Del. Bill Howell (R-Fredericksburg): SHALL THE SENATE AMENDMENT BE ACCEPTED? THE CLERK WILL CLOSE THE ROLL.

Del. Jim LeMunyon (R-Oak Hill): AYES 97, NOS 0.

[Unknown]: AYES 97, NOS 0. THE SENATE AMENDMENT IS AGREED TO. 2139, A BILL TO AMEND AND REENACT RELATING TO COMMISSIONER OF HIGHWAYS ANNUAL REPORT REQUIREMENTS BILL PASSED THE HOUSE FEBRUARY 7, SUBSEQUENTLY PASSED THE SENATE WHICH AN AMENDMENT WHICH IS BEFORE THE BODY.

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN FROM FAIRFAX, MR. LeMUNYON.

Del. Jim LeMunyon (R-Oak Hill): THANK YOU, MR. SPEAKER. MR. SPIKER AND LADIES AND GENTLEMEN OF THE HOUSE, THE AMENDMENT IS OFFERED ON THE SUGGESTION OR BY THE SUGGESTION OF THE VIRGINIA DEPARTMENT OF TRANSPORTATION CLARIFYING THE NATURE RELATED TO A REPORTING REQUIREMENT. I HOPE IT WOULD BE THE PLEASURE OF THE BODY TO ACCEPT THE SENATE AMENDMENT.

Del. Bill Howell (R-Fredericksburg): SHALL THE SENATE AMENDMENT BE ACCEPTED? THE CLERK WILL CLOSE THE ROLL.

Del. Jim LeMunyon (R-Oak Hill): AYES 95, NOS 2.

[Unknown]: AYES 95, NOS 2. THE SENATE AMENDMENTS ARE ACCEPTED YETED. >> 2168 A BILL TO AMEND AND REENACT. PASSED THE HOUSE FEBRUARY 1 AND SUBSEQUENTLY PASSED THE SENATE WITH AMENDMENT WHICH IS BEFORE THE BODY.

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN FROM WASHINGTON MR. PILLION.

Sen. Todd E. Pillion (R-Abingdon): THANK YOU, MR. SPEAKER. ADDS CLARIFYING LANGUAGE WITH RESPECT TO PASSENGER NOTIFICATIONS NEEDED DURING THE TICKETING PROCESS. MR. SPEAKER, I MOVE THAT THE HOUSE ADOPT THE SENATE AMENDMENT AND GET THIS TRAIN RUNNING.

Del. Bill Howell (R-Fredericksburg): SHALL THE SENATE AMENDMENT BE AGREED TO? THE CLERK WILL CLOSE THE ROLL.

Sen. Todd E. Pillion (R-Abingdon): AYES 86, NOS 5.

[Unknown]: AYES 86, NOS 5. THE SENATE AMENDMENTS ARE AGREED TO. HOUSE BILL 2174, A BILL TO AMEND AND REENACT A SECTION OF THE CODE RELATING TO SCHOOL BOARDS. PUPIL TYPIER RATIO, CLASS SIZE PUBLIC REPORTS. PASSED THE HOUSE FEBRUARY 2 AND PASSED THE SENATE WITH AN AMENDMENT WHICH IS BEFORE THE BODY.

Del. Bill Howell (R-Fredericksburg): THE GENTLEWOMAN FROM FAIRFAX, MS. MURPHY.

[Unknown]: THANK YOU, MR. SPEAKER. THE SENATE AMENDMENT SIMPLY COP FORMS THE REPORTING REQUIREMENTS TO MATCH THOSE FOR ELEMENTARY SCHOOL WHICH WAS THE ORIGINAL INTENT OF THE BILL. I ASK THE HOUSE ACCEPT THE SENATE AMENDMENT.

Del. Bill Howell (R-Fredericksburg): SHALL THE SENATE AMENDMENT BE ACCEPTED? THE CLERK WILL CLOSE THE ROLL.

[Unknown]: AYES 75, NOS 21. AYES 75, NOS 21. THE SENATE AMENDMENTS ARE AGREED TO. HOUSE BILL 2191, A BILL TO AMEND AND REENACT A SECTION OF THE CODE OF VIRGINIA RELATING TO SCHOOL BOARDS PROCEDURES. SEC SEXUALLY EXPOLICITY INSTRUCTIONAL MATERIALS OR RELATED ACADEMIC ACTIVITIES. PASSED THE HOUSE FEBRUARY 6, AND SWEPTLY PASSED THE SENATE WITH AN -- SUBSEQUENTLY PASSED THE SENATE WITH AN AMENDMENT WHICH IS BEFORE THE BODY.

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN FROM AUGUSTA, MR. LANDES.

Del. Steve Landes (R-Weyers Cave): THANK YOU, MR. SPEAKER.

[Unknown]: HOUSE BILL 2191 YOU ALL MAY RECALL RELATED -- IS RELATED TO HAVING OUR SCHOOLS THAT HAVE SEXUALLYEXPLICIT INSTRUCTIONAL MATERIALS AND ACTIVITIES TO REPORT AND PROVIDE INFORMATION RELATED TO THOSE ASSIGNMENTS TO PARENTS AND IF THE ASSIGNMENTS SO WISH THEY CAN REQUEST THAT AN ALTERNATIVE CAN BE PROVIDED. THE LANGUAGE THAT WE HAD IN THE HOUSE ADDED THE SECTION OF THE CODE RELATED TO FELONIES FOR RAIN. WHAT THE SENATE AMENDMENT DOES AND I WILL ASK US TO ACCEPT, IS ADD CRIMES AGAINST NATURE WHICH IS 18.2-361. ACTUALLY, WE -- WHEN WE WERE COP TEMPLATING THE AMENDMENT AS DELEGATE ALBO WAS SUGGESTING RELATING TO NARROWLY DEFINING THE DEFINITION USING THAT ORIGINAL CODE SECTION WE INTENDED TO PICK UP THIS CODE SECTION AS WELL. AND UNFORTUNATELY IN WE DID NOT. SO, THAT IS -- IT WOULD NOW BE WITH THE SENATE AMENDMENT THE SECTION DEALING WITH RAPE, FELONY RAPE AND SEXUAL ASSAULT AND ALSO DEALING WITH CRIMES AGAINST NATURE AND THAT IS WHAT 18.2-361 DOES. MR. SPEAKER I ASK THAT THE HOUSE AGREE TO THE SACRAMENTO.

Del. Steve Landes (R-Weyers Cave): THE GENTLEMAN FROM ARLINGTON, MR. LOPEZ.

Del. Alfonso Lopez (D-Arlington): SPEAKING TO THE AMENDMENT THE GENTLEMAN HAS THE FLOOR.

[Unknown]: THIS IS NOT A SIMPLE BILL. AND IT IS NOT A -- MANY FOLKS WHO ACTUALLY VOTED AGAINST DELEGATE VIKKI BELL'S BILL REGARDING SUSPENSIONS BECAUSE WE SHOULDN'T GET INVOLVED WITH SCHOOL BOARD ISSUES HAVE NO PROBLEM WITH THIS BILL. FOLKS WITH ARGUE THIS IS JUST AN INNOCUOUS BILL BUT IT HAS THE POTENTIAL IT CREATE A NUMBER OF MINEFIELDS. TEACHERS ARE LESS LIKE LIE TO TEACH ANYTHING THAT MIGHT BE CONSIDERED OBJECTIONABLE IN THE LESSONS. THEY WILL NOT WANT IT TO DO TWO ENTIRE LESSONS FOR THE SAME CLASS. TEACHERS WILL AVOID ANY CONCEPT THAT MIGHT BE FOUND OBJECTIONABLE. THAT WHAT WE MEAN BY A SLIPPERY SLOPE TO BACKDOOR CENSORSHIP. DO WE WANT TO BE THE FIRST STATE IN THE NATION TO HAVE THIS KIND OF STATEWIDE POLICY. THIS IS FAR TOO BROAD. FOLKS GET UP SET AND SAY THIS ISN'T ABOUT CENSORSHIP BUT ARGUE THAT WE NEED TO PUT THE CHECK ON THE CONCEPT OF NOBEL PRIZE WHICH IS IT? WINNERS. WHY ARE WE OKAY WITH PROTECTING CHILDREN FROM IDEAS IN SCHOOLS? GOVERNMENT ESTABLISHING LAWS TO LABEL LITERATURE IN TERMS OF A SINGLE FACTOR REGARDLESS OF THE

Del. Alfonso Lopez (D-Arlington): WOULD THE GENTLEMAN YIELD FOR FACTOR. A QUESTION?

[Unknown]: OR MEETING IS WRONG. WOULD THE GENTLEMAN YIELD FOR A QUESTION? CERTAINLY, MR. SPEAK. THE GENTLEMAN YIELDS. I WOULD ASK THE GENTLEMAN BECAUSE HE KEEPS SAYING THAT IT IS A BAD IDEA THAT WE WOULD QUOTE UNQUOTE PROTECT KIDS FROM IDEAS. I HAVE NO DOUBT THAT BELOVED IS A WONDERFUL WORK AND PERHAPS AN IMPORTANT ONE. MY QUESTION IS, IT DOES HAVE IDEAS COVERING THINGS LIKE GANG RAIN AND BEASTALLITY. WOULD THE GENTLEMAN BE FINE WITH US TEACHING THAT IN, SAY, A FIRST GRADE CLASS.

Del. Bill Howell (R-Fredericksburg): NO, MR. SPEAKER, RESPONDING TO THE GENTLEMAN THE GENTLEMAN HAS THE FLOOR.

[Unknown]: MR. SPEAKER, THAT SLIPPERY SLOPE KIND OF IDEA THAT SOMEHOW THIS IS REGARDING FIRST GRADERS IS REALLY SORT OF OFFENSIVE TO THEY WILL TEACH BELOVED IN AP TEACHERS. ENGLISH CLASSES FOR 11 AND 12TH GRADERS AND THE ORIGINAL ISSUE IS BECAUSE IT WAS BROUGHT UP IN AN AP ENGLISH CLASS FOR A JUNIOR IN HIGH SCHOOL. THE FACT IS BY TAKING SOMETHING OUT OF CONTEXT WHAT YOU ARE DOING IS BAD FOR LITERATURE. IT IS BAD FOR ACADEMIA AND IT IS REALLY NOT WHO WE SHOULD BE. AND SO THE IDEA SOMEHOW THAT THIS IS GOING TO BE FOR FIRST GRADERS OR SECOND GRADERS IS REALLY ABSURD. MR. SPEAKER WOULD THE GENTLEMAN YIELD FOR ANOTHER WOULD THE GENTLEMAN YIELD FOR QUESTION? ANOTHER QUESTION? GLADLY, MR. SPEAKER. THE GENTLEMAN YIELDS. THE GENTLEMAN JUST SUGGESTED HE IS ACTUALLY FINE WITH PLACING RESTRICT,S ON WHAT IDEAS WE EXPOSE KIDS TO BASED OFF OF THE AGE GROUPS. DID I HEAR THAT CORRECTLY? MR. SPEAKER, RESPONDING TO THE QUESTION.

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

[Unknown]: MR. SPEAKER, THANK YOU. THAT IS IN CREDIT EDIBLEY SIMPLISTIC AND NOT APPROPRIATE TO WHAT WE ARE TALKING ABOUT REGARDING THE OVERALL SLIPPERY SLOPE TO BACKDOOR CENSOHSHIP. WHAT HE IS SUGGESTING IS THAT SOMEHOW TEACHERS ARE NOT GOING TO KNOW ANY BETTER. AND THE FACT IS THAT THAT IS JUST SIMPLY NOT WHAT WE ARE TALKING ABOUT. WE ARE TALKING ABOUT CIVICS. WE ARE TALKING ABOUT TAKING THESE THINGS OUT OF CONTEXT. AND WHAT WE ARE TALKING ABOUT IS WHEN PEOPLE ON THE OTHER SIDE OF THE BODY ACTUALLY TALKING ABOUT SPECIFIC SECTIONS OF LITERATURE, LIKE IN "BELOVED "WHICH IS ABOUT THE HORRORS OF SLAVERY AND TALKING ABOUT ISSUES OF GANG RAIN AND REALLY HORRIFIC THINGS, WHAT THEY ARE DOING IS THEY ARE GETTING INTO THE WEEDS OF WHAT IT WAS, WHAT IT MEANT, YOU ARE ACTUALLY EDUCATING KIDS IN AS REAL A WAY AS POSSIBLE ABOUT WHAT SLAVERY WAS. AND SO WHEN YOU TAKE IT OUT OF CONTEXT, AND WHEN YOU DO THAT, WHAT YOU ARE REALLY DOING IS YOU ARE BEING OFFENSIVE TO LITERATURE. YOU ARE BEING OFFENSIVE TO THE EDUCATIONAL PROCESS AND BEING OFFENSIVE TO WHAT OUR FOUNDERS ACTUALLY BELIEVED IN. WHEN YOU DO THAT KIND OF SIMPLISTIC ARGUMENT IT IS ABOUT THE KIDS. AND IT IS NOT ABOUT LITERATURE. YOU ARE OFFENDING EVERY PROFESSOR WHO EVER TOUCHED YOUR HEART. YOU ARE OFFENDING EVERY ACADEMIC THAT PROBABLY -- THEY ARE PROBABLY AGHAST RIGHT NOW AT WHAT WE ARE DOING. AND SO AT END OF THE DAY, MR. SPEAKER, WHAT WE HAVE -- WHAT WE ARE TALKING ABOUT HERE IS MAKING OURSELVES A LAUGHINGSTOCK AGAIN. WE ARE TALKING ABOUT ECONOMIC DEVELOPMENT. WE ARE TALKING ABOUT WHAT WE SHOULD BE DOING. I REALLY THINK THAT THIS IS A VERY BAD STUFF IN THE WRONG DIRECTION. I THANK THE GENTLEMAN. SPEAKING TO THE BILL AT THE APPROPRIATE TIME.

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN FROM FAIRFAX, MR. ALBO.

Del. Dave Albo (R-Springfield): MR. SPEAKER, SPEAKING TO THE BILL OR THE AMENDMENTS THE GENTLEMAN HAS THE FLOOR.

[Unknown]: SINCE OUR COMPUTERS ARE WORKING I INVITE EVERYONE TO TYPE IN 18.2-361 CRIMES AGAINST NATURE. AND WHEN YOU READ THIS YOU WILL UNDERSTAND WHY I AM NOT GOING TO READ IT ON THE HOUSE FLOOR. ALL OF THIS AMENDMENT -- ALL THIS AMENDMENT DOES IS SAYS IF ANYTHING ON THIS DISGUSTING LIST OF STUFF THAT PEOPLE DO IS IN A BOOK YOU HAVE TO TELL A PARENT HEY, WANT TO LET YOU KNOW, IT IS IN A BOOK. THAT IS ALL IT DOES. BUT I WOULD INVITE EVERYBODY HERE TO LOOK AT THAT STATUTE, STATUTE, BECAUSE WHEN YOU VOTE ON THE SENATE AMENDMENTS IF YOU VOTE NO, YOU ARE VOTING TO SAY THAT PARENTS DON'T HAVE TO BE WARNED THAT THIS KIND OF DISGUSTING STUFF IS BEING REQUIRED IN THEIR SCHOOL.

Del. Dave Albo (R-Springfield): THE GENTLEMAN FROM FAIRFAX, MR. HUGO.

Del. Tim Hugo (R-Centreville): MR. SPEAKER, SPEAK TO THE MEASURE.

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

Del. Tim Hugo (R-Centreville): MR. SPEAKER, I THINK THE GENTLEMAN FROM ARLINGTON MISSES THE POINT.