01/14/2016 House Proceedings

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Minutes

Called to order at 12 m. by William J. Howell, Speaker

Mace placed on Speaker's table by Sergeant at Arms

Prayer offered by The Reverend James H. (Jay) Carey, Jr., Pastor, Bethia United Methodist Church, Chesterfield

Delegate Cox led the House in the Pledge of Allegiance to the Flag of the United States of America

Attendance roll call - Quorum present

Leaves of Absence granted: Delegates Heretick and Hugo

Journal for Wednesday, January 13, 2016, approved by the Speaker

Bills and resolutions presented, ordered printed, and referred pursuant to House Rule 37

Resolutions presented and laid on Speaker's table pursuant to House Rule 39(a)

Committee report
From Commerce and Labor: HBs 31, 58, 378

Motion by Delegate Cox to adjourn agreed to

House adjourned at 12:25 p.m. to meet Friday, January 15, 2016, at 10:00 a.m.

Transcript

What follows is a transcript of this day’s session that was created as closed-captioning text, written in real time during the session. We have made an effort to automatically clean up the text, but it is far from perfect.

[Unknown]
>>
Bill Howell
The House will come to order, members, please take your seats.
[Unknown]
Sergeant at arms.
Bill Howell
The House is now in session, all persons not sphwield privileges on the floor, please retire to the gallery.
Bill Howell
The members will rise and be led in prayer by the Reverend James h.J.Carey, junior, pastor of the united methodist church in Chesterfield and remain stand fog the pledge of allegiance to the flag by the united states of america led by the gentleman from Colonial Heights Mr. Cox.
Kirk Cox
It's an honor to be asked to offer prayer for the House delegates today. I want to say a word of thanks to Delegate Cox for the invitation. Let us pray:
[Unknown]
We come before you this day, almighty creator, redeemer, and sustainer of all, asking for your divine wisdom, hope, joy, and love to fall upon this session today. Help each one to discern what is best for every virginian, in the deliberations and debates that will take place here. We thank you for the commitment of each member of the House, their staff, and all who will have a part in each of today's activities and decisions. And we pray, asking for your blessing, not just for today, but every day of the 2016 general assembly. Amen.
Kirk Cox
Amen.
[Unknown]
[pledge of allegiance] >>
[Unknown]
The members will answer the roll call by indicating their presence on the electronic voting board.
Bill Howell
The clerk will close the roll.
[Unknown]
Mr. Speaker, a quorum is present.
[Unknown]
Pursuant it to House rule three, I 've examined and approved the journal for the House of delegates for January 13, 2016. Motions and resolutions under rule 39 are now in order. Does the clerk have any announcements or communications.
[Unknown]
A few reminder Mr. Speaker, I remind the body that all requests for drafts, redraft the and corrections to legislation to be introduced by the Friday, January 22nd introduction deadline are due to legislative services by 5:00 p.M. Tomorrow, your requests for redrafts, drafts or corrections need to be in by 5:00 p.M. Tomorrow and the bill deadline is next Friday, the 22nd. In addition, another deadline, members' budget amendments are due to the appropriations staff up on the ninth floor of the g.A.B. By 5:00 p.M. Tomorrow, budget amendments need to be upstairs, by 5:00 tomorrow.
Bill Howell
The gentleman from Danville, Mr. Marshall.
Danny Marshall
Thank you Mr. Speaker, I rise for an announcement.
Bill Howell
The gentleman has the floor.
Danny Marshall
Mr. Speaker, tonight is kind of the premiere event I think of the whole legislative session, and it's the Virginia agri business council. They will host their 45th annual legislative appreciation banquet. This is a great event for all of the freshmen. You need to show up to this event. The mission of the agri business council is to present agri business with a unified Virginia, representing 45,000 virginians, foresters, marketers, processers and suppliers of agri business products. The banquet will be held at the old dominion building at race way complex. One of the other great features is the reception which has Virginia 's finest, and that will be from 5:30-7:30. We hope to see you there. Thank you.
[Unknown]
Thank you.
Bill Howell
Gentlewoman from Richmond city, Ms. Mcclellan.
[Unknown]
Mr. Speaker, I rise for an introduction.
Bill Howell
The gentlewoman has the floor. Joining us today we have
[Unknown]
Thank you. Members of the Virginia school counselor's association, which is the state chapter of the american school counselor's association, this is the only association in the commonwealth solely for and by school counselors, that provide professional development opportunities through workshops and conferences, networking opportunities through social media outlets, and current and relevant information to school counselors throughout the state. Its mission is to actively promote excellence in the profession of school counseling, and to provide member support through professional development, advocacy, leadership, accountability, and collaboration. They are here today to share their views on various pieces of legislation, relating to k-12 education system and I ask them them -- I ask that we give them a warm House of delegates welcome.
[Unknown]
[applause]
[Unknown]
We are delighted to have the counselors with us today, thank you for your time, coming to the capitol, thank you for all that you do, as well.
Bill Howell
The gentleman from Prince William, Mr. Lingamfelter.
Scott Lingamfelter
Mr. Speaker, rise for an introduction.
Bill Howell
The gentleman May proceed.
Scott Lingamfelter
Thank you Mr. Speaker. Mr. Speaker, today, January 14, is the Virginia association of museum's advocacy day, and I wanted to introduce some folks and tell you a little bit about what they do. I would ask that director jennifer thomas, who is the director of the Virginia association of museums, please stand, and with her today is president robert vaughan, with the Virginia foundation of the humanities. There they are. The Virginia association of museums, Mr. Speaker, was founded in 1968, and has a membership of over 1000 museums, and they are professionals throughout the commonwealth. Virginia has 800 museums, comprised of historical sites, art galleries, science museums, history museums, children's museums, botanical gardens. I mean, they are very, very rich in culture. And the Virginia association of museums is celebrating their 41st annual conference that will be held this March in colonial Williamsburg. The Virginia foundation for the humanities was founded in 1974, as our state's humanity center, and it's grown to be the largest and most diverse in the nation. Many of you are familiar with their excellent work, including the encyclopedia Virginia, which recently completed google street views, tours of the state capitol, the executive mansion, the Virginia festival of the book, Virginia folk life, and two radio programs that they do, back story, and with good reason. The Virginia foundation for the humanities' grantees reach an estimated annual audience of 1.5 million, matching grant dollars 4-1, and the Virginia foundation of the humanities has an estimated annual audience of 23 million people. Virginia, as you know, Mr. Speaker, is very rich in history. You have been very connected with this, with respect to celebrating our history in the commonwealth, and our museums and humanity programs are not only stewards of that history, but the cornerstone of vibrant -- of this vibrant energy. Mr. Jefferson would be very, proceed proud -- very, very proud of the work you do, so let's give them a warm welcome by the general assembly. Thank you very much.
[Unknown]
[applause]
Bill Howell
We thank you very much for all the work that you do. The gentlewoman from Fairfax, Ms. Kory.
[Unknown]
Thank you Mr. Speaker. I rise for an announcement.
Bill Howell
The gentlewoman has the floor. This will be the second year
[Unknown]
Thank you. Of the new americans caucus. We will have our first meeting on Friday morning at 8:00 a.M. In 5e. So please, drop by, say hello, and consider talking with us.
Bill Howell
The gentleman from Shenandoah, Mr. Gilbert.
Todd Gilbert
Mr. Speaker, rise for an introduction.
Bill Howell
The gentleman has the floor.
Todd Gilbert
Mr. Speaker, I want to follow up on what the gentleman Mr. Danville said, earlier inviting everybody to the annual agri business din ner support of Virginia 's number one industry. You know, last year, we did what I think is great work in restoring public trust in the wake of recent events involving our former governor, et cetera, about public perception with respect to some of the excesses that they perceived in the lives of their public officials. I'm very proud of that work, I think it was good work. It is imperfect work and we would have loved on this side of the general assembly hallway to have had a little more time to work on it with our colleagues down the Hall to try to get a more perfect bill at the end 69 session, but alas, we were bound by time, so this year, we have many technical amendments coming to try and fix some things. What we have come to find with that legislation is that there are some things that were already a bit of a mess in the law that have only come to light since we passed the bill and have had this ethics council and its lawyers doing great work, scrutinizing that, trying to help us get it right, trying to help us follow the law. On that note -- so that's coming. On that note, they've given us some good advice this morning regarding tonight's dinner. I know there were some concerns, there was some confusion among members both in the House and Senate about just how this particular event would play out with respect to our new rules. But the general overview that I can lay out for you is that nothing really about this event has changed. It has generally always been under the $50 reporting cap. The only major changes we made last year that would really affect this event potentially involves the $100 aggregate cap, but I 'm told by the folks hosting the event that there is no way that the event even comes close to that, having never exceeded the $50 reporting threshold. So there will be many opportunities -- hundreds of virginians from that industry in attendance tonight. It is a widely attended event which only matters in some small technical way that really has nothing to do with whether it meets -- whether we can all go or not, okay. So what I 'm telling the folks in the chamber is that please come out and support Virginia 's largest industry and feel as though you can do it without feeling like you're going to jail, because even though some editorial boards around the state would still want you to do that, I think we went a long way towards preserving a very age-old human interaction, which is the breaking of bread, something that human beings have always done. We tried to reign in those excesses, Mr. Speaker, without removing common sense from the equation, and the general ability to interact with our constituents. So I hope I see everybody there tonight. Thank you Mr. Speaker.
[Unknown]
Thank you.
Bill Howell
The gentleman from Spotsylvania, Mr. Cole.
Mark Cole
I rise for an announcement. Floor.
[Unknown]
The gentleman has the
Mark Cole
Thank you Mr. Speaker. This affects the privileges and elections committee. There will be no privileges and elections committee meeting tomorrow morning. I have made subcommittee assignments and e-mailed those to the members of the committee and I 've also referred legislation to the committee and I would encourage the subcommittee chairs to start meeting as soon as possible. Also, related to p & e, I 've noticed that we have received several first reference constitutional amendments, as has been the practice for many years now. No first reference constitutional amendments will be considered this year, Mr. Speaker. This is the year for second reference constitutional amendments. The year that we will take up first reference is next year. So those resolutions will not be docketed for a hearing, and if you have others that you are considering putting in, I mean, you are welcome to put them in, but however, they will not be heard this year. Thank you Mr. Speaker.
Bill Howell
The gentleman from Prince William, Mr. Anderson.
Rich Anderson
Mr. Speaker, I rise for the purpose of an introduction, followed by an announcement.
Bill Howell
The gentleman has the floor.
Rich Anderson
Thank you Mr. Speaker. Ladies and gentlemen of the House, it's my privilege today to introduce to you as we do every year the ladies and gentlemen who are members of the joint leadership council of veterans service organizations who are here on capitol square representing 23 veteran service organizations around the commonwealth. They are key to our policy making process here in the general assembly. Many have been in your offices earlier today, advocating on behalf of some dozen legislative priorities to benefit the 800,000 men and women who have worn the cloth of our country and called Virginia their home. In the gallery today, we have approximately a dozen organizations represented. They are led by the joint leadership council chair, Mr. Bart barden, retired united states air force colonel and leaders of a dozen veterans service organizations. I would ask that you give them a warm House welcome.
[Unknown]
[applause]
[Unknown]
We are delighted to have the members with us today. And we thank you so much, not just for what you do today, but especially for what you've done. Thank you very much for being here today.
[Unknown]
Mr. Speaker, an announcement?
Bill Howell
The gentleman has the floor.
[Unknown]
I would remind the ladies and gentlemen of the House that every week, the general assembly, military and veterans caucus convenes at 8:00 in the morning in conference room four west. Our first meeting will be next Wednesday, January 20th. We invite all members, both houses, both parties, to be with us that morning. Thank you.
Bill Howell
Thank you. The gentleman from Suffolk, Mr. Morris.
[Unknown]
Mr. Speaker, I rise for a point of personal privilege.
Bill Howell
The gentleman has the floor.
[Unknown]
Mr. Speaker, ladies and gentlemen of the House, I rise to recognize those who stood and advocated for Black lives matter. I do not rise for that Black lives matter movement that calls for the killing and injuring of our law enforcement, for destruction of our cities. I do not rise for them. I rise for the original Black lives movement, the abolutionist who stood and rejected the evil of slavery. Slavery in america was an evil. It subjugated the Black people, regulated them to less than human status, to mere property. The evil of slavery became institutionalized in america. It was our national sin. Those that advocated for slavery relied upon the courts, the supreme court, the 1958 dred Scott case, that ruled that Black people have no rights. They are simply property. Less than human. Pro slavery movement claimed that it was settled law. The discussion is over. Stop your protesting, there is nothing you can do. But the ablutionists rejected the evil of slavery. They decried it as a national skin. -- sin. They relied upon their christian values and stood steadfast in their belief that Black lives matter. That Black life is precious. That all life is precious. And yes, they were republicans. They fought against the evil of their time. This national sin. But they did more than just claim that, well, I won't own a slave, but -- and I don't believe in it, but I can't tell another what to do with their property. No, they did more than that. They did not compromise and say that well, slavery is okay in some states, and not okay in others. There is no compromise with evil. They cried no compromise. The evil of slavery must end. With the 13th amendment to our constitution, slavery in america ended. Our national sin ended. But every era has its evil. Every era has its national sin. An evil of our time is abortion. Our national sin is the murder of our unborn children. And evil is alive. Along with planned parenthood, who harvests the brains, organs, and body parts of those murdered children. And if that is evil in our time, and if you are okay with the harvesting of the body parts and tissue of those murdered children, then your soul is walking with satan. The murder of our unborn children is our national sin. Since 1971, 55 million lives have been destroyed. At the president's state of the union address, he had an empty chair for all those victims of gun violence. Well, where is the empty chair for the 55 million babies that were murdered? The largest provider of abortion is planned parenthood. That institution of death. In 1961, planned parenthood accomplisher published a pamphlet advocating for contraception and in their own literature, their own pan pretty stated contraception is not abortion, an abortion kills the life of a baby after it has begun. Those are planned parenthood's own words. Webster defines life as the distinct characteristic of a living organism that grows and reacts to stimuli, just as a baby in the womb. Some claim that killing the planet that -- that we are killing the planet, and those same people will claim the unborn babies are not life. But their unborn baby's heart beats at three weeks. Three weeks, they have a beating heart. But they claim that is not life. The abortion advocates claim that law is settled. And they rely upon the supreme court with the 1973 case of roe v wade that ruled that women have a right to privacy in their medical procedures, and therefore have the right to murder the life in their body. But just as the abolutionists reject the reefil -- the evil of slavery I rise to salute the ablutionists that reject abortion and those in the proceed life movement that fight for life, that all life is precious. Ladies and gentlemen, it it is my prayer to almighty God, our heavenly creator that he bestow his hands of wisdom on all virginians, on all americans, and we end the murder of our unborn children and we end this national sin. Thank you Mr. Speaker.
[Unknown]
[applause] >>
Bill Howell
The gentlewoman from Norfolk, Ms. Hester.
[Unknown]
Excuse me Mr. Speaker, thank you very much. I rise for an announcement.
Bill Howell
The gentlewoman has the floor.
[Unknown]
Many of you have asked about the resolution for the honorable tom moss. It is circulating today. I just wanted you to know that it is in the room, and you will be able to do it electronically soon as well. Thank you.
[Unknown]
Thank you Mr. Speaker.
Bill Howell
Gentleman from Hopewell, Mr. Ingram.
Riley Ingram
Mr. Speaker, I rise for an announcement.
Bill Howell
The gentleman has the floor.
Riley Ingram
Mr. Speaker, we are noted in counties, cities and towns for early meetings and tomorrow we will have an organizational meeting at 8:00 a.M. And it's not on the calendar, but we do have a meeting scheduled for tom morning at 8:00, thank you.
[Unknown]
-- for tomorrow morning at 8:00, thank you.
[Unknown]
Are there further motions under rule 39?
[Unknown]
Mr. Speaker?
Bill Howell
The gentleman from Charlottesville, Mr. Toscano.
David Toscano
Thank you Mr. Speaker, I rise for a request.
Bill Howell
The gentleman has the floor.
David Toscano
Thank you Mr. Speaker. Mr. Speaker, ladies and gentlemen of the House, one of our freshmen, the Delegate from Portsmouth, is not available to be with us today. He was called away yesterday, had a serious emergency matter related to family. And so I would -- I would ask you to keep him and his family in your thoughts and prayers and ask the journal to reflect that he is away today on pressing personal business.
[Unknown]
Thank you.
[Unknown]
Are there further motions?
[Unknown]
If not --
[Unknown]
Mr. Speaker?
Bill Howell
The gentleman from Augusta, Mr. Landes. This was done earlier, but I
Steve Landes
Mr. Speaker, I don't think have a request.
Bill Howell
The gentleman has the floor.
Steve Landes
Mr. Speaker, could the journal reflect that the gentleman from Fairfax, Delegate Hugo, is away today due to pressing personal business?
Bill Howell
The journal will so reflect.
[Unknown]
Was it done?
[Unknown]
The clerk will call the calendar.
[Unknown]
Calendar for the Virginia House of delegates for Thursday, January 14, 2016, Page one, Mr. Speaker, there is no business before the body.
[Unknown]
Does the clerk have any additional announcements or
[Unknown]
The plng scheduled for communications? This afternoon, which is found on the Virginia general assembly.Gov website, the rules committee's subcommittee, standards of conduct will meet 15 minutes after the House adjourns over on the second floor of the g.A.B. In the so-called redistricting room, 15 minutes upon adjournment is the new effective immediately. The speaker has appointed Delegate Carr to the vacancy on that subcommittee. Also, one half hour after adjournment, commerce and labor will meet in House room d of the general assembly looking ahead to tomorrow, meeting. Friday, January 15, as was previously announced, the ben Franklin privacy caucus will not be meeting. That meeting has been canceled. There is a new american caucus meeting as has been noted by the chair, they will be meeting, it's the five floor east conference room in the g.A.B. At 8:00 a.M.,'s counties, cities and towns will meet at 8:00 a.M., House room d. Militia, police and public safety, that committee will meet at 8:30.
[Unknown]
That's correct, Mr. Speaker.
Bill Howell
Gentleman from Prince William, Mr. Lynx a.M. Felter.
[Unknown]
The clerk is correct, we are meeting at 8:30. We are considering legislation so be on time.
[Unknown]
And taking up bills, as the chairman of p & e announced, House privileges and election committee will not be meeting tomorrow. 9:30 a.M., democratic caucus meets in House room two, republican caucus meets at 9:30 a.M. In House room one. That completes the announcements I have.
Bill Howell
The gentleman from Colonial Heights Mr. Cox.
Kirk Cox
Actually, gentleman from Suffolk, Mr. Jones.
Chris Jones
Did the clerk mention we have appropriations a half hour after the session tomorrow? We will have a presentation from secretary brown on the December revenues.
Kirk Cox
Thank you.
Chris Jones
The gentleman from Colonial Heights Mr. Cox.
Kirk Cox
Mr. Speaker, I move that when the House adjourn today it adjourn to reconvene tomorrow at 10:00 a.M.
Bill Howell
The gentleman from Colonial Heights Mr. Cox Mr. Cox moves when the House adjourn it addownto 10:00 a.M., as many as favor that motion will say aye, those that motion is approved. Opposed, no. The gentleman from Colonial Heights Mr. Cox.
[Unknown]
I move the House do now adjourn.
[Unknown]
The gentleman from Colonial Heights Mr. Cox moves the House do now adjourn. As many as favor that motion will say aye, those opposed, that motion is agreed to, the no. House stands adjourned until tomorrow at 10:00 a.M. Tomorrow at 10:00 a.M.