01/18/2016 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 Alex Leighton, Associate Rector, All Saints' Church, Woodbridge

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 Loupassi, McQuinn, and Ward

Journal for Friday, January 15, 2016, approved by the Speaker

Committee report
From Finance: HBs 15, 186S, 402

Motion by Delegate McClellan to adjourn in honor and memory of Dr. Martin Luther King, Jr. agreed to

HJR 173 (Williamsburg Session) offered by Delegate Cox and agreed to

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)

CALENDAR

HOUSE BILL READ SECOND TIME
UNCONTESTED CALENDAR
HB 31 - Engrossed

Motion by Delegate Cox to adjourn agreed to

House adjourned at 12:38 p.m. to meet Tuesday, January 19, 2016, at 12 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.

Bill Howell
House will come to order. Members please take their seats. >> Sergeant at arms.
Bill Howell
The House is now in session. All persons not entitled to privileges on the floor please retire to the gallery.
Bill Howell
Members will rise and be led in prayer by the Reverend alex leighton and remain standing for the pledge of allegiance to the flag of the united states of america led by gentleman from Colonial Heights, Mr. Cox.
Kirk Cox
Would you pray with me? Mighty God, we stand before you and worship you, the source of light and creator of all that is. In you we live, move, and have our being. We give you the honor due your we ask you to forgive us for name. Falling short for the ways we have dishonored you. We ask you to bless our precious common wealth whose motto is said rebellion to tyrants is obedience to God. We pray you'd help us to over-tyranny, let us be reminded of the words of Dr. Martin luther king junior as we remember him today. Darkness cannot drive out darkness. Only light can do that. Hate cannot drive out hate. Only love can do that. We pray that in your love, you would forgive us, and heal our hearts. We thank you for your gracious hand in bringing us here for the blessings you have given. You're the giver of all good gifts. We humbly ask for your presence here in this assembly today. We ask you to come and be with us. And especially with these faithful men and women of the House of delegates. Pour out your grace upon them. Give them courage, wisdom, and discernment. Fill them with your love, joy and Peace. Help them to make hard decisions to pursue justice, seek the truth, and all in the unity of the spirit and the bond of Peace. All this we ask in the name of your son, jesus christ, amen. [ reciting the pledge of allegiance ]. >> Members will answer the roll call by indicating their presence on the electronic voting board. Clerk will close the roll.
[Unknown]
Mr. Speaker, a quorum is present.
Kirk Cox
I've examined and approved the journal of the House of delegates for January 15, 2016. Motions and resolutions under rule 39 are now in order. Does the clerk have announcements or communications?
[Unknown]
Not at this time.
[Unknown]
The gentle woman from Richmond city, miss McClellan .
[Unknown]
Thank you, I rise for a request, a point of personal privilege and a motion.
Bill Howell
Gentleman has the floor.
[Unknown]
I ask the journal reflect that my seat mate is away today due to pressing personal business.
Bill Howell
Journal will so reflect.
[Unknown]
Thank you, Mr. Speaker. Without love, the ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands in times of challenge and controversy. Hatred paralyzes life. Love releases it. Hatred confuses it, love harmonizes it. Hatred darkens life, love illuminates it. Our lives begin to end the day we become silent about things that matter. If man hasn't discovered something he will die for, he isn't fit to live. Life's most persistent question is, what are you doing for others? It May be true that the law cannot make a man love me, but it can keep him from lynching me and I think that is pretty important. Everybody can be great, because everybody can serve. He who passionately accepts evil is as much involved in it as he who helps perpetrate it. The urgency of the hour calls for leaders of Wise judgment and sound integrity. Leaders not unloved with money, but in love with justice. Leaders not in love with publicity, but in love with leader who's can subject their humanity. Particular egos to the greatness of the cause. It seems to me that education has a two-fold function to perform in the life of a man and society. The one is utility. The other, culture. The function of education, therefore is to teach one to think intensivery, and to think but education was stopped with critically. Efficiency, May prove the greatest minutes to society. The most dangerous criminals my be the men gifted with reason but with no morals. One should seek to do his life's work as if God all mighty called him at this particular moment in history, to do it. And he must do so with a sense of responsibility, no matter how small it happens to be. He must do a little job in a big way. He must do an ordinary job in an extraordinary way. If you can be a pine on the top of a hill, be a scrub in the valley. But be the best little scrub on the side of the hill. Be a bush if you can't be a tree. If you can't be a highway, be a trail. If you can't be the sun, be a star. For it isn't by size that you win or fail. Be the best of whatever you are. Mr. Speaker, these are but a few of the quotes of Dr. King that attest to the his interelect, greatness and wisdom. It still resonates today, I rise as chair woman of Virginia 's Dr. Martin luther king junior memorial commission to pay tribute to the drum maj for for justice on the national commemoration of the 87th anniversary of his birth. He was born January 15th, 1929, in atlanta, georgia. On April 4, 1968, an asassin's bullet ended his life but not his dream for america. We pause today with persons around the nation and throughout the world to remember the life and legacy of one of history's graftest leaders. Visionary, and orator, Dr. Martin luther king junior. Dr. King has been called a drum major for justice, piece and righteousness, many remember him as a young baptist preacher who emerged as leader of the Montgomery bus boycott in December, 1955 and in 1966, chicago protests for equal housing. He's accredited with marshalling, galvanizing and unifying african americans and other justice-loving people across the nation to change the social order and status quo tluf nonviolent protests, commonly known as the civil rights movement. What is unfortunate is that many people only know Dr. King as a great civil rights leader due to the media shaping of his life and events but he was more than that. Our commission works to introduce virginians in the totality of his being as a noted scholar, writer, peacemaker, humanitarian, history lover, advocate for education, the philosopher, father, husband, servant who dedicated and gave his life to something eternal and absolute. These are the qualities and characters of Dr. King the commission strives to education virginians throughout our work. The national theme of the king center this year is to remember, celebrate, act. King's legacy of freedom for the nation and for four world reminds us Dr. King's legacy resonates throughout the nation and internationally. Honoring Dr. King last year, president obama stated a champion for justice, the Reverend Dr. Martin luther king junior helped awaken our nation's long slumbering conscious. Challenging america to make freedom a reality for all of God 's children and a day when the discord of our union would be transformed into a symphony of brotherhood. This call echoed the promise of our founding is that each of us are created equal. Every day he worked to give meaning to this timeless creed. We have not yet achieved his beloved community where Peace, justice, equality, love, and respect for the dignity of all persons prevail, I believe Dr. King would be proud we are closer but he would ask us to annihilate discrimination and extend the promise of the constitution to all americans for our brothers and sisters around the world. Finally it is appropriate we remember today the circumstances and social conditions in our nation that propelled Dr. King, this drum major for justice, love, Peace and equality, into social consciousness. It is important that we remember our past so we do not repeat it. It is important that we remember the significance of Dr. King's life to the freedoms that we all enjoy. Quoting Dr. King, the time is always right to do what is right. King was not a political panderer. He did and we conduct the people's business, let it be said of us that we, too, will do what is right. Therefore, on behalf of the Dr. Martin luther king junior memorial commission, we invite you and all of the members to join us as we recommit ourselves to leadership and strive for public policies that reflect the dream of justice, love, Peace, and equality. Let us accept the challenge to be great by serving one another, being supportive of one another and working together to make Virginia a common wealth of opportunity in these united states, the land is a beloved community where people are judged by the content of their character, not the color of their skin, so, Mr. Speaker, I move when the House adjourn today, we do so in the honor of Dr. Martin luther king junior.
Bill Howell
Thank you, the gentle woman woman Mrs. Mcclellan moves the House adjourn in the honor of Dr. Martin luther king junior. As many in favor of that motion will please rise. That motion is agreed to. Gentleman from from Fairfax, Mr. Plum.
Ken Plum
Mr. Speaker, I rise for an introduction.
Bill Howell
Gentleman May proceed.
Ken Plum
Mr. Speaker, members of the House it gives me pleasure to bring to the fact we're being visited by the Virginia association of early childhood education. They're showing great success with early intervention with young children, we find they do better in school, and in life, they're making a real contribution to our commonwealth. I ask that the members in the gallery please stand and be received by the House .
Bill Howell
We're pleased to have you with us and thank you for all you do for our communities. The gentleman from Prince William, Mr. Lingmafelter.
[Unknown]
Mr. Speaker, I rise for introduction.
Bill Howell
Gentleman May proceed.
[Unknown]
Thank you, Mr. Speaker. Mr. Speaker, it was a real pleasure today to have my home pastor, the Reverend alex leighton and his wife join us to offer a prayer. Tomorrow is the anniversary of the Virginia 's statute of religious liberties. We'll have more to say about that then. Isn't it a wonderful thing, Mr. Speaker, that we're free to pray in america? That we're free to bring our deepest and most heart felt thoughts to the person that is created everything? Our God in heaven. I thank you, pastor leighton are being here today.
Bill Howell
Gentleman from Sussex, miss Tyler .
Roslyn Tyler
May the journal reflect my seat mate is away today due to personal, pressing business.
Bill Howell
Journal will so reflect.
Roslyn Tyler
Gentle woman from newport
[Unknown]
Mr. Speaker, I rise for an news, miss Price .
Bill Howell
Gentleman May proceed. Introduction.
[Unknown]
Thank you, Mr. Speaker. Kappa alpha phi was founded January 5, 1911, on the campus of indiana university in bloomington, indiana with 150,000 members throughout the world, the fraternity's motto is achievement in every field. They're celebrating 105 years as a fraternity and servicing the community. Today is their 8th Virginia legislative day. They're here supporting legislation on civil rights, racial profiling, voter id reform, voter restoration, improving public education, and mentoring programs for our youth. May we please give the members of kappa alpha si incorporated a warm House welcome.
[Unknown]
Delighted to have the members with us and hope you enjoy your 8th visit to the capitol.
Bill Howell
Gentleman from from lynchberg, Mr .
[Unknown]
Mr. Speaker, I listened to the governor in his state of the commonwealth, in his enthusiasm spoke to 561 new economic development projects. 88,400 new jobs created in two years. 9.27 billion in new capital investment. We're just starting, Mr. Speaker. Mr. Speaker, we worked hard here and every member in this body is a citizen legislature and with cherish our time at home. So I got home to recharge with my family, our businesses, and I tried to reconnect with our community. Mr. Speaker, yesterday morning's paper in my home town "news in advance", front Page above the fold and two full pages on the inside of this newspaper refer to a deal that points to needed reform. This article is written by a writer in the Roanoke times. He wrote it, spoke to it quite well, so I will read his words, Mr. Speaker, with your indull .
[Unknown]
State and local leaders announced a ten ps increase in jobs, paying $100 a week more than the average area wage. All of those new paychecks, we're told respond to the activity of Virginia 's governor during a trade mission to asia the week before. Terry mcauliffe closed a deal with a chinese enterprise. A town without hope after furniture and textile layoffs. Mr. Speaker, this was transforming news for a community of 15,000 folks. Just think about it. 349 new jobs paying $32,000 a year, would be filled at a new, $113 million factory, using an empty furniture plant and chinese ingenuity in industrial ceramics. All the state had to do was write a check, helping with the down payment on the company's larger pledge. Or so officials thought. This month, Mr. Speaker, 14 months since that ceremony, a gate shutters the road at the furniture plant that lindenberg industry fought, but never used. The company is without its first employee, behind on paying taxes, water service fees and contractor's tab for partial renovations of the factory office. On December 8th, Virginia declared the project dead, due to a lack of activity at the site, a fore closure action against the facility, unpaid bills to contractors exceeding $450,000, and lost confidence in the company's expansion plan. On December 15th, Mr. Speaker, that property was sold at an auction. Mr. Speaker, ladies and gentlemen, I am concerned about what I read in my local newspaper just as gentleman from Campbell does it admire bli. This would have had tremendous positive impact on our the details on how the project community. Was developed and executed are concerning to me, Mr. Speaker, and they should be to each and every member that can hear my voice. There is a lack of checks and balances in this process. There is a lack of attention to detail. There are gaps in the way that this economic development project, one of 561 statewide has unfolded. Mr. Speaker, the governor has said loudly and clearly and repeatedly, economic development is a priority. One of his top priorities, and I stand united with him, sir, in that concern. We all need jobs for our communities and constituents. We continue to labor under lingering recessionary process. This budget calls for major new investments on top of resource changes over the recent years. Mr. Speaker, these are our taxpayer dollars. We must be strategic, targeted and smart in how we invest them. We must scrutinize this deal and the process around it. What went wrong? What can be done to prevent this in the future with the other 560 projects that have been announced? We must carefully scrutinize all of our economic development are we getting the biggest bang spending. For our buck? Are we wisely using our taxpayer resources? Mr. Speaker, I shared this particle with chairman Jones earlier and I was pleased to see that he'd been briefed on it. In fact, he has been preparing an inquiry into each of these economic development projects for several weeks now. I was very pleased to hear we're preparing to look closely at this and Mr. Speaker, I close with this. Our efforts over several weeks have to be centered on trust. It is fundamentally what the people are crying out for, Mr. Speaker. I hope and pray that there will be no more false hopes to other communities on these other 560 projects, thank you very much, Mr. Speaker.
[Unknown]
The gentle woman from Fairfax, miss Kory .
[Unknown]
Thank you, Mr. Speaker, I rise for an introduction.
Bill Howell
Gentleman May proceed.
[Unknown]
Thank you. Members of the House, today we have with us representatives of the organization slhav, speech language hearing association of Virginia. It represents speech language pathologists and audioologists, formed in 1957, and working hard to support all virginians by increasing the number of professionals in their association, and also, to professionalize those who ably assist them. Please give them a warm House welcome.
Bill Howell
Pleased to have visitors with us today, we thank you for all that you do. The gentleman from Charlottesville, Mr. Toscano.
David Toscano
Thank you, Mr. Speaker, I rise for a point of personal privilege.
[Unknown]
Thank you, Mr. Speaker, I originally wanted to stand to talk about religious freedom. But I would be remiss for talking about that and not replying to the gentleman from Lynchburg, because I, too, read the paper and was concerned about what's happening. And I can tell you this, the governor's office, too are, concerned because no one wants something like that to happen. It's our taxpayer dollars. We're trying to figure out a way to create jobs in Virginia that pay a good wage and revitalize our communities. So I guess I wonder, what would the gentleman want the governor's office to do? Would he want the governor's office to brief the chair of the House appropriations committee? I think so. And I think they have. Would he want their governor's office to make themselves available to anyone in this chamber to discuss what happens with that deal? Or any other deal that has gone on? I think, gentleman would agree that that is a good idea. And let's look at the record. This governor was elected and helped create jobs. That is what he's done. Would the gentleman suggest the governor not go on a trade mission to try to create jobs? I don't think so. Would the gentleman suggest that the governor not use moneys that we've helped appropriate as economic incentives to bring jobs to Virginia ? Most of us would agree that that is a good thing for the governor to do. Would the gentleman think we need to have more controls? Well, maybe so. But in point of fact there are a lot of controls that are already there. For those of you who never heard the word claw back, there are professions that this legislature and this governor support to get money back from companies that don't live up to their promises. We want accountability. I think everybody wants accountability. But look at the record. 565 companies have announced intentions to invest over $9 billion in Virginia. And employ 43,600 virginians. 400 of those projects represent existing business expansions. And 165 are new to Virginia. So while we scrutinize something that I think is a tragedy, and an outrage in terms of them not living up to responsibilities, let's make sure we keep our eye on the ball. And let's make sure we compliment a governor and a legislature that is committed to putting the dollars on the table, to get things done. Now, that being said, it is the 230th year anniversary of Virginia 's statute on religious freedom. Isn't that a great transition? And it happened Saturday. If you don't recall the history of this, waits drafted in 1777 by thomas jefferson. Probably while he was living in he published it in the city of Charlottesville. Fredericksburg. So we have a lot to share in complimenting jefferson. And of course, it's a product of the triumph of reason and enlightenment period. And it's coupled with an ability and support for the notion, that any person ought to be able to worship in the colonies and in the united states of america, independent of their religious belief. Catholics, jews, bahais, muslims, anyone. This is the precursor to the establishment clause and freedom of religion clause set forth in the united states constitution and Virginia constitution. So in honor of that, I would encourage you to read a resolution that I put in called House resolution 75, commemorating the Virginia statute on religious freedom. I hope that folks will sign on that, and vote for it when it gets to the House floor, thank you, Mr. Speaker.
David Toscano
Gentleman from Henrico, Mr. Bagby.
Lamont Bagby
Mr. Speaker, I rise for purpose of an introduction.
Bill Howell
Gentleman May proceed.
Lamont Bagby
Thank you, Mr. Speaker. As a graduate of Norfolk university, it is with a great deal of pride and privilege as I rise the Norfolk university alumni association with us in the gallery. They take seriously as I do, and we have members of the floor that are members of the Norfolk alumni association, as he stands, they take seriously their oath as a graduate as it relates to their rights, privileges and responsibilities pertaining thereto and share as advocates for the university not only on campus doing home coming and festive activities but also, when it's time to get down to real business and advocating for our university, so I 'm proud, and grateful they're here today to share about the good things going on as our beloved university, so behold, the green and gold.
[Unknown]
We're delighted to have the Norfolk state alumni with us today, thank you for your time at the capitol.
Bill Howell
Gentleman from Manassas, Mr. Miller.
Jackson Miller
Mr. Speaker, I rise for a request.
Bill Howell
Gentleman has the floor.
Jackson Miller
Mr. Speaker, will the journal reflect Delegate Loupassi is away on pressing personal business.
Bill Howell
The journal will so reflect. Gentleman from Arlington, Mr. Lopez.
Alfonso Lopez
Thank you, Mr. Speaker, I rise for an announcement.
Bill Howell
Gentleman has the floor.
Alfonso Lopez
Thank you, Mr. Speaker. I want to announce that the first session meeting of the Virginia environment renewable energy caucus will be this afternoon. At 4:30, on the fourth floor west conference room. We have had several meetings this summer in a bipartisan way and working on bills this year as well. Love to have you come by at 4:30, 4th floor west conference room, thank you very much, Mr. Speaker.
[Unknown]
While we're still in the morning hour I 'm going to ask the clerk to call up joint House solution 173.
[Unknown]
House joint resolution, 173 Williamsburg session resolved by the House of delegates. The Senate concurring the invitation of colonial Williamsburg to use the colonial capitol in Williamsburg be accepted and that the Senate, on January 30, 2016, be held in the colonial capitol at Williamsburg .
Bill Howell
Gentleman from Colonial Heights, Mr. Cox.
Kirk Cox
Mr. Speaker, the resolution provides for the general assembly's acceptance of the invitation by colonial Williamsburg to attend the commemorative session, other events scheduled for January 30th and 31. Mr. Speaker, I move adroppings -- adoption of the resolution.
[Unknown]
Those in favor say aye. Opposed, no. Resolution agreed to. Are there further motions or resolutions under rule 39? Clerk have announcements or
Kirk Cox
Not at this time, Mr. Communications? Speaker.
Bill Howell
Gentleman from Colonial Heights will take the resolution to the Senate and ask for heir concurrence. Clerk will call the calendar.
[Unknown]
Calendar for the Virginia House of delegates for Monday, January 18th, 2016, Page one, House bill on second reading uncontested calendar, House bill 31, a bill to amend and reenjakt several sections of the code reporting to the committee on commerce and labor.
Bill Howell
Gentleman from Manassas, Mr. Miller.
Jackson Miller
Mr. Speaker, speaking to the bill?
Bill Howell
Gentleman has the floor.
Jackson Miller
Mr. Speaker, we're fixing a little error from last year when passing this bill, last year, we deleted certificates of mailing for the legislature which caused a problem for insurers. This is adding certificates of mailing back into the law. I move the bill be engrossed and passed to third reading.
[Unknown]
Those in favor say aye. Opposed, no. Bill is engrossed and passed to third reading.
[Unknown]
Mr. Speaker, that completes the calendar.
[Unknown]
Clerk have any announcements or communications?
[Unknown]
Yes, sir, Mr. Speaker. Meetings for this afternoon. Appropriations committee will be meeting one half hour after adjournment up in the ninth floor appropriations room. Courts of justice committee will be meeting one half hour after adjournment in House room c of the first room of the gab. Civil law subcommittee will meet in House room d, then, immediately upon adjournment of the courts committee, subcommittee will meet over in House room c of the gab. At 3:00, appropriations higher education subcommittee will meet in the 9th floor appropriations room. Then, at 4:00, the appropriations transportation subcommittee will meet in the ninth floor appropriations room. Militia, police, and public safety subcommittee meeting for today is cancelled. At 4:00, transportation subcommittee number two will be meeting in the 5th floor east conference room at 4:30, natural resources agriculture subcommittee will be meeting in the 7th floor west. That will begin at 4:30. Virginia renewal caucus meeting at 4:30 in the fourth floor west conference room. Hwi subcommittee number one has been cancelled, cancelled today. Will not be meeting, then, at 5:00 northern Virginia delegation, that caucus will be meeting in the sixth floor speaker's conference room. Looking to tomorrow morning, sun rise caucus will meet at 6:30 a.M. In the speaker's sixth floor speaker's conference room. Conservative caucus meets at 7:30 a.M. In the 8th floor west conference room. Education committee's education innovation subcommittee will be meeting at 7:30 a.M. In the 7th floor west conference room. Then, at 7:30s, privileges and elections subcommittee will be meeting at 7:30 in the fifth floor west conference room. Full committee on hwi meeting at 8:30 on House room d. Also, transportation committee will be meeting in House room c. Immediately upon adjournment of the House welfare and institution economies, subcommittee will be meeting in House room one. Education subcommittee meets at 10:00 a.M. Tomorrow, and then, finally, Mr. Speaker, democratic caucus meets at 11:30 in House room two. Finally, advising the body that the short cuts to House rules have been distributed and an e-mail has been sent for you and your staff to use as might be necessary. Mr. Speaker, that come mrets announcements at this time. Heights, Mr. Cox.
Bill Howell
Gentleman from colonial
[Unknown]
Mr. Speaker, I move when the House adjourn today it adjourn to reconvene tomorrow at 12:00, noon.
Bill Howell
Gentleman from Colonial Heights, Mr. Cox moves the House adjourn to reconvene tomorrow at 12:00 noon. Those in favor say aye. Opposed, no. Gentleman from Colonial Heights, Mr. Cox.
Kirk Cox
Mr. Speaker, I move the House do now adjourn.
[Unknown]
Gentleman from Colonial Heights, Mr. Cox moves the House is now adjourned, those in favor say aye, opposed, nay. The House stands adjourned until 12:00 noon, tomorrow. 12:00 noon, tomorrow.