Constitutional amendment; powers of General Assembly, etc. (HJ545)

Introduced By

Del. Chris Head (R-Roanoke)

Progress

Introduced
Passed Committee
Passed House
Passed Senate

Description

Constitutional amendment (first resolution); powers of General Assembly; suspension or nullification of administrative rule or regulation. Provides that the General Assembly may suspend or nullify any or all portions of any administrative rule or regulation by a joint resolution agreed to by a majority of the members elected to each house. Read the Bill »

Status

03/10/2017: Passed the General Assembly

History

DateAction
11/22/2016Committee
11/22/2016Prefiled and ordered printed; offered 01/11/17 17100155D
11/22/2016Referred to Committee on Privileges and Elections
01/10/2017Assigned P & E sub: Constitutional
01/30/2017Subcommittee recommends reporting with amendment (4-Y 3-N)
02/03/2017Reported from Privileges and Elections with amendment (13-Y 8-N) (see vote tally)
02/06/2017Taken up
02/06/2017Committee amendment agreed to
02/06/2017Engrossed by House as amended HJ545E
02/06/2017Printed as engrossed 17100155D-E
02/06/2017Agreed to by House (54-Y 40-N)
02/06/2017VOTE: ADOPTION (54-Y 40-N) (see vote tally)
02/07/2017Reading waived
02/07/2017Referred to Committee on Privileges and Elections
02/14/2017Reported from Privileges and Elections with substitute (8-Y 6-N) (see vote tally)
02/14/2017Committee substitute printed 17105335D-S1
02/16/2017Reading waived (39-Y 0-N) (see vote tally)
02/17/2017Read third time
02/17/2017Passed by for the day
02/20/2017Read third time
02/20/2017Reading of substitute waived
02/20/2017Committee substitute agreed to 17105335D-S1
02/20/2017Engrossed by Senate - committee substitute HJ545S1
02/20/2017Agreed to by Senate with substitute (21-Y 19-N) (see vote tally)
02/21/2017Placed on Calendar
02/21/2017Passed by for the day
02/22/2017Senate substitute agreed to by House 17105335D-S1 (52-Y 46-N)
02/22/2017VOTE: ADOPTION (52-Y 46-N) (see vote tally)
03/07/2017Enrolled
03/07/2017Bill text as passed House and Senate (HJ545ER)
03/07/2017Signed by Speaker
03/10/2017Signed by President
03/27/2017Assigned Chapter 769 (effective 7/1/17)
03/27/2017G Acts of Assembly Chapter text (CHAP0769)

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 9 minutes.

Transcript

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



Del. David Toscano (D-Charlottesville): THE CLERK WILL CLOSE THE ROLL.

Del. Bobby Orrock (R-Thornburg): AYES ZERO, NO'S 100.

[Unknown]: AYES ZERO, NO'S 100, THE SENATE SUBSTITUTE IS REJECTED. HOUSE BILL 2366. AMEND AND REENACT A SECTION OF THE CODE REPEAL SEVERAL OTHERS, ALL RELATING TO PROCUREMENT BY PUBLIC BODIES, REQUIREMENTS FOR USE OF CONSTRUCTION MANAGEMENT AND DESIGN BUILD CONTRACTS. BILL PASSED THE HOUSE FEBRUARY 7TH, PASSED THE SENATE WITH SUBSTITUTE, WHICH IS BEFORE THE BODY.

Del. Chris Head (R-Roanoke): THE GENTLEMAN FROM FAIRFAX, MR. ALBO.

Del. Dave Albo (R-Springfield): MR. SPEAKER, MEMBERS. HOUSE, THIS IS A DEAL THAT DEALS WITH THE TOPIC OF WHEN GOVERNMENTS CAN BUILD BUILDS USING METHODS THAT ARE NOT COMPETITIVE SEALED BID. OUR BILL SET UP A NEW SET OF RULES AND SAID YOU HAD TO FOLLOW THESE RULES FOR ANY PROJECT UNDER $10 MILLION. THE SENATE SET UP SOME RULES, AND THEY SAY THAT YOU HAVE TO DO IT FOR ANYTHING UNDER $25 AND THERE ARE SOME OTHER MILLION. DETAILS, YOU KNOW, YOU PROBABLY DON'T WANT TO HEAR THEM. SO WHAT I WOULD LIKE TO ASK IS THAT WE WOULD REJECT THE SENATE SUBSTITUTE, PUT IT IN CONFERENCE AND WE CAN WORK OUT ALL THE DETAILS.

Del. Chris Head (R-Roanoke): SHALL THE SENATE SUBSTITUTE BE AGREED TO. THE CLERK WILL CLOSE THE ROLL.

Del. Dave Albo (R-Springfield): AYES ZERO, NO'S 100.

[Unknown]: AYES ZERO, NO'S 100. SENATE SUBSTITUTE IS REJECTED. HOUSE BILL 383. -- 383 -- 2383, TO COMBINED SEWER OVERFLOW OUTFALLS, CHESAPEAKE BAY WATERSHED. PASSED THE HOUSE FEBRUARY 6TH, SUBSEQUENTLY PASSED SENATE WITH A SUBSTITUTE WHICH BEFORE THE BODY.

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

Del. Scott Lingamfelter (R-Woodbridge): THIS BILL NEEDS TO GO INTO CONFERENCE. THE SENATE IS TAKING A SLIGHTLY DIFFERENT ROUTE TO A GOOD END. I MOVE WE REJECT THE SENATE AMENDMENT.

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

Del. Scott Lingamfelter (R-Woodbridge): AYES ZERO, NO'S 100.

[Unknown]: AYES ZERO, NO'S 100, THE SENATE SUBSTITUTE IS REJECTED. HOUSE BILL 2417. A BILL TO AMEND AND REENACT A SECTION OF THE CODE RELATING TO THE DEPARTMENT OF MEDICAL ASSISTANCE SERVICES FRAUD PREVENTION, PREPAID AN LIT IGS, PASSED FEBRUARY 7TH, SUBSEQUENTLY PASSED THE SENATE WITH AMENDMENT WHICH IS BEFORE THE BODY. MR. LANDES? THANK YOU. MR. SPEAKER AND LADIES AND GENTLEMEN OF THE HOUSE, THE SENATE HAS PUT THE SUPERFLUOUS CLAUSE ON THE BILL, SO I WOULD ASK THAT WE REJECT THE SENATE AMENDMENT.

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

[Unknown]: AYES ZERO, NO'S 100. AYES ZERO, NO'S 100, THE SENATE SUBSTITUTE IS REJECTED. SENATE AMENDMENT IS REJECTED. CONTINUING WITH TODAY'S CALENDAR ON PAGE 33 OF THE PRINTED VERSION, NEXT CATEGORY, HOUSE JOINT RESOLUTION WITH SENATE AMENDMENT, HJ'S WITH SENATE AMENDMENTS, ONE BILL IN THIS CATEGORY, HOUSE JOINT RESOLUTION 545. AMENDING A SECTION 14, ARTICLE 4 OF THE CONSTITUTION OF VIRGINIA, RELATING TO POWERS OF THE GENERAL ASSEMBLY. SUSPENSION OR NULL IF I INDICATION OF ADMINISTRATIVE RULE OR REGULATION. RESOLUTION AGREED TO BY THE HOUSE FEBRUARY 6TH, SUBSEQUENTLY AGREED TO WITH A SFWOOUT -- SUBSTITUTE ON THE 20TH OF FEBRUARY. THAT IS BEFORE THE BODY.

Del. Bill Howell (R-Fredericksburg): GENTLEMAN FROM BOT A TO THE -- BOT AN 0 --

[Unknown]: THE SUBSTITUTE CLARIFIES THAT THE COMMITTEE THAT COULD ACT TO SUBS PENNED OR NULLIFY REGULATIONS IN THE ABSENCE AND OFF SESSION WOULD HAVE TO BE CREATED SPECIFICALLY FOR THAT PURPOSE BY AN EXACTMENT OF GENERAL LAW. IT GIVES A LITTLE MORE CLARIFICATION TO THAT, BECAUSE OF THAT, IT IS VERY FRIENDLY. I THINK IT MAKES IT A BETTER RESOLUTION, AND A BETTER AMENDMENT, AND I WOULD IS THAT WE ACCEPT THE SENATE SUBSTITUTE.

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

Del. Bob Marshall (R-Manassas): SPEAKING TO THE MOTION.

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

Del. Bob Marshall (R-Manassas): MR. SPEAKER, THE GENTLEMAN REPRESENTED THE OTHER DAY THAT THIS WAS READY TO GO, FULLY BAKED AND DIDN'T NEED ANYTHING. BUT NOW WE FIND OUT, MAYBE IT'S PARTIALLY BAKED, BECAUSE THE SENATE HAS COME UP WITH SOMETHING A LITTLE MORE SPECIFIC, WHICH DID NOT OCCUR TO THE GENTLEMAN WHEN HE TOLD US THAT IT WAS ALL READY FOR PRIMETIME. SO WHAT ELSE IS GOING TO AM -- COME UP THAT MIGHT BE A PROBLEM IN THE FUTURE? MOREOVER, WHEN THIS -- I DON'T HAVE THIS IN FRONT OF ME FOR SOME REASON, I WOULD ASK FOR THAT, BUT I DIDN'T SEE IT TODAY. WHEN THE GOVERNOR DOESN'T HAVE A VETO, IS THE LAW THAT WE PASSED EXEMPT FROM THE VETO? OR IS THIS ANOTHER GUESSING GAME THAT WE HAVE TO PLAY. MR. SPEAKER, MORE OF THESE HICCUPS ARE GOING TO COME UP DOWN ROAD, AND THERE WILL BE A BUNCH OF THEM IF WE ACTUALLY PASS THIS AS AN AMENDMENT TO THE INSTITUTION. I URGE A -- CONSTITUTION. I URGE A NO VOTE.

[Unknown]: THE GENTLEMAN CHARLOTTESVILLE, MR. TOSCANO. THANK YOU, MR. SPEAKER. WILL THE GENTLEMAN WHO IS THE SPONSOR OF THE RESOLUTION RISE FOR A QUESTION? MR. THE YIELD? I WOULD BE -- WILL THE YIELD? I WOULD BE HAPPY TO YIELD. THANK YOU. THIS RESOLUTION HAS GONE THROUGH A NUMBER OF ITERATIONS. I WANT TO MAKE SURE I HAVE THE CORRECT ONE BEFORE ME. IS THIS SUBSTITUTE INCLUDE THE LANGUAGE THAT A LEGISLATIVE COMMISSION CAN ALSO SUSPEND MR. SPEAKER, I WOULD SAY TO THE GENTLEMAN IT DOES NOT SAY THAT. WHAT IT SAYS NOW IS THAT THE GENERAL ASSEMBLY MAY BY GENERAL LAW AUTHORIZE A LEGISLATIVE COMMITTEE OR LEGISLATIVE COMMITTEES ACTING JOINTLY, OR A LEGISLATIVE COMMISSION -- SORRY, IT DOES SAY LEGISLATIVE COMMISSION, BUT, AGAIN, IT WOULD HAVE TO BE CREATED BY GENERAL LAW TO SUSPEND ANY OR ALL PORTIONS OF RULES? ANY ADMINISTRATIVE RULE OR REGULATION WHILE THE GENERAL ASSEMBLY IS NOT IN REGULAR SESSION, WITHIN SUCH RESTRICTIONS, AND UPON SUCH CONDITIONS, AS MAY BE PRESCRIBED IN THAT GENERAL LAW. AND WOULD FURTHER SAY THAT IN ORDER FOR THAT TO HAPPEN, BOTH BODIES WOULD HAVE TO AGREE TO THE TERMS OF THAT, AND THE GOVERNOR WOULD HAVE TO SIGN IT NORTH FOR THAT TO BECOME A -- IN ORDER FOR THAT TO BECOME A MATTER OF GENERAL LAW. MR. SPEAKER, WILL THE YIELD FOR ANOTHER QUESTION? MR. THE -- WILL THE YIELD? I WOULD BE HAPPY TO YIELD. I WOULD ASK THE GENTLEMAN, IS IT NOT THE CASE A NUMBER OF THE LEGISLATIVE COMMISSIONS THAT WE HAVE RIGHT NOW ARE POSED OF NON-EYE -- NON-ELECTED OFFICIALS?

Del. Bill Howell (R-Fredericksburg): MR. SPEAKER, I WOULD SAY THAT TO THE GENTLEMAN FROM -- THAT, YES, SOME OF THE ONES WE HAVE NOW ARE PERHAPS COMPOSED OF NON-ELECTED OFFICIALS. HOWEVER, WHATEVER WAS ESTABLISHED TO ACT IN OUR BEHALF WHILE WE WERE NOT IN SESSION WOULD, AGAIN, HAVE TO BE SOMETHING THAT WAS AGREED UPON BY A MAJORITY OF BOTH HOUSES, AND THEN SIGNED INTO LAW BY THE GOVERNOR.

[Unknown]: MR. SPEAKER, SPEAK TO THE BILL AT THE PROPER TIME.

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

[Unknown]: THANK YOU, MR. SPEAKER.