01/29/2016 House Proceedings

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Minutes

Called to order at 11:00 a.m. by William J. Howell, Speaker

Mace placed on Speaker's table by Sergeant at Arms

Prayer offered by The Reverend Lloyd N. Fox, Pastor, Enon Baptist Church, Washington, DC

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 Anderson and Ransone

Journal for Thursday, January 28, 2016, approved by the Speaker

Senate communication received
Senate bills passed: SBs 23, 43, 211
Senate joint resolutions agreed to: SJRs 72, 112, 114, 115, 116, 117, 118, 122, 123, 124, 126, 128
House joint resolution agreed to: HJR 184

Committee reports
From Commerce and Labor: HB 685S
From General Laws: HBs 144S, 323S, 567S, 812S, 928, 1011

HR 91 taken up 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 BILLS READ THIRD TIME
UNCONTESTED CALENDAR
HB 181 - Passed Block Vote (Y-97 N-0)
HB 184 - Passed Block Vote (Y-97 N-0)
HB 190 - Passed Block Vote (Y-97 N-0)
HB 559A - Passed Block Vote (Y-97 N-0)
HB 629A - Passed Block Vote (Y-97 N-0)
HB 648 - Passed Block Vote (Y-97 N-0)
HB 652 - Passed Block Vote (Y-97 N-0)
HB 674 - Passed Block Vote (Y-97 N-0)
HB 719 - Passed Block Vote (Y-97 N-0)
HB 724S - Passed Block Vote (Y-97 N-0)
HB 725A - Passed Block Vote (Y-97 N-0)
HB 727A - Passed Block Vote (Y-97 N-0)
HB 731S - Passed Block Vote (Y-97 N-0)
HB 816 - Passed Block Vote (Y-97 N-0)
HB 1026 - Passed Block Vote (Y-97 N-0)

HOUSE BILLS READ THIRD TIME
REGULAR CALENDAR
HB 562A - Passed (Y-93 N-3)

HOUSE BILLS READ SECOND TIME
UNCONTESTED CALENDAR
HB 252S - Passed by for the day
HB 465 - Rereferred to Committee on Health, Welfare and Institutions
HB 87S - Committee Substitute agreed to, Engrossed
HB 136A - Committee Amendments agreed to, Engrossed
HB 137 - Engrossed
HB 196S - Committee Substitute agreed to, Engrossed
HB 238 - Engrossed
HB 261 - Engrossed
HB 263 - Engrossed
HB 315S - Committee Substitute agreed to, Engrossed
HB 321 - Engrossed
HB 322S - Committee Substitute agreed to, Engrossed
HB 327 - Engrossed, Moved to Regular Calendar
HB 335 - Engrossed
HB 353 - Engrossed
HB 369 - Engrossed
HB 387 - Engrossed
HB 438S - Committee Substitute agreed to, Engrossed
HB 453 - Engrossed
HB 472S - Committee Substitute agreed to, Engrossed
HB 529 - Engrossed
HB 534A - Committee Amendments agreed to, Engrossed
HB 654A - Committee Amendment agreed to, Engrossed
HB 706 - Engrossed
HB 707S - Committee Substitute agreed to, Engrossed
HB 746 - Moved to Regular Calendar
HB 778 - Engrossed
HB 791A - Moved to Regular Calendar
HB 813 - Engrossed
HB 844 - Engrossed
HB 867 - Engrossed
HB 894 - Engrossed
HB 955 - Engrossed
HB 1066 - Engrossed, Moved to Regular Calendar
HB 1127 - Engrossed

HOUSE BILLS READ SECOND TIME
REGULAR CALENDAR
HB 518S - Passed by for the day
HB 918A - Passed by for the day
HB 791A - Passed by for the day

MEMORIAL RESOLUTIONS ON THE SPEAKER'S TABLE
HJR 89 - Passed by for the day

COMMENDING RESOLUTIONS ON THE SPEAKER'S TABLE
HJR 191 - Passed by for the day
HJR 212 - Passed by for the day
HJR 213 - Passed by for the day

HOUSE BILLS READ FIRST TIME
UNCONTESTED CALENDAR
HB 25S
HB 116A
HB 172A
HB 227S
HB 230A
HB 231S
HB 232S
HB 274
HB 319S
HB 325
HB 343A
HB 354S
HB 374A
HB 388
HB 434A
HB 437
HB 496
HB 497
HB 537
HB 574A
HB 577A
HB 589S
HB 637
HB 641A
HB 642A
HB 676S
HB 740S
HB 771
HB 802
HB 807A
HB 829A
HB 906
HB 1032
HB 1058S
HB 1077
HB 1117S
HB 1128S
HB 1266

HOUSE BILLS READ FIRST TIME
REGULAR CALENDAR
HB 900A

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
The House will come to order. Sergeant of arms. The House is now in session. All persons not entitled to privileges on the floor, please retire to the gallery.
Bill Howell
The members will rise and be led in prayer by the Reverend lloyd n. Fox, pastor of enon baptist church in Washington d.C., and remain standing for the pledge of allegiance to the flag of the united states of america led by the gentleman from Colonial Heights, Mr Cox .
[Unknown]
Let us pray. Heavenly father, creator of the universe, in whom we live and have our continual being, we give you glory and praise for the commonwealth of Virginia. We are thankful for the leader leadership of those gone before and those who have been chosen by the good citizens of this great state to lead us during this phase of our existence. Father God, you are our authority. Those powers that exist are ordained by you. So we ask, God of grace, on behalf of this governing body to grant unto them wisdom and knowledge to lead and govern your people. We pray that Virginia, along with other states, might experience phenomenal good success that the people of this republic will be well served during this ensuing year, 2016. To the God who has shown great mercy, we pray. Amen.
[Unknown]
Amen. I pledge allegiance to the flag to the united states of america and to the republic which it stands, one nation, under God, individual, with liberty and justice for all.
Bill Howell
The members will answer the roll call by indicating their presence on the electronic voting board. Gentleman from Hanover .
Bill Howell
Clerk. Clerk will close the roll.
[Unknown]
Mr. Speaker, a quorum is present.
[Unknown]
Pursuant to House rule 3, I 've examined and approved the journal of the House the House of delegates, January 28th, 2016. Motion tion and resolutions under rule 39 are now in order. Does the clerk have any communications?
[Unknown]
Not at this time.
[Unknown]
Mr. Orrock.
[Unknown]
Mr. Speaker, ladies and gentlemen of the House, we have some visitors down here today as a part of rally day with the Virginia registered dental hygienists. If they are in the gallery, I would ask that they rise at this time. I know they've been around visiting in a number of your offices. I had several in my office earlier today, and we had a wonderful visit. They're here advocating for various policies that promote access to quality oral health care for all virginians, and including Senate bill 712, which will expand the remote supervision of dental hygienists in underserved areas. I ask the body to please join me in welcoming the dental hygienists and encouraging them in their career activities. (applause).
Bill Howell
The gentleman from Loudoun, Mr. Greason.
Tag Greason
Thank you, Mr. Speaker. I rise for an announcement.
Bill Howell
Gentleman has the floor.
Tag Greason
Thank you, Mr. Speaker. As those of you who have been around for a while know, every year we play basketball against the body down the other end of the Hall, and every year we beat them in that basketball game, even if they bring professional athletes that have played basketball or football or college players. I have no doubt we will beat them again this year, but we do need a team to do that. So if you are interested in playing basketball against the other body, please come by my desk or my office and sign up so we have our roster set. Mr. Speaker, I 'll go ahead and put you on the list signing up, as I always do. Appreciate it.
[Unknown]
Certainly.
[Unknown]
And we'd love to have you guys participate. All are welcome. Thank you, Mr. Speaker.
Bill Howell
Thank you. Gentleman from Charlottesville, Mr. Toscano.
David Toscano
Thank you, Mr. Speaker. I rise for an introduction.
Bill Howell
Gentleman has the floor.
David Toscano
Thank you, Mr. Speaker. Ladies and gentlemen of the House, joining us today, I think right behind me, are students from the university of Virginia and their student government, who represent the best and the brightest of Virginia. Oh, they're all over the place. And they're down here to watch how we operate. They're not going to be treated to a long engaging speech on higher education today. At least I don't think so. You'll have to watch on youtube next week. But we're very pleased to have them here, and I hope that members of the House can extend to them a big wahoo -- excuse me, a big welcome to the capital today. Thank you. (applause).
Bill Howell
Delighted to have the students with us today. Even see some former pages in the group. That's very good. The gentlewoman from Richmond city, Ms. Mcclellan.
[Unknown]
Thank you, Mr. Speaker. I rise for an introduction.
Bill Howell
Gentlewoman has the floor.
[Unknown]
We also very students from tcu school of law from professor kimberly Robinson legislation and regulations class, and I ask that they would stand. They are currently examining how courts should determine the meaning and intent of statutory terms and how much weight to give to legislative history during that process. They're also examining constitutional positions of the agencies and judicial oversight of agency statutory interpretation, and they're here today to open firsthand the legislative process just so they can see how much weight should be given to legislative history as they watch us in action. I ask you to give them a warm House welcome. (applause).
[Unknown]
Pleased to have the law students with us today as well.
Bill Howell
The gentleman from Newport News, Mr. Yancey.
David Yancey
Thank you, Mr. Speaker. I rise for a motion and an introduction.
Bill Howell
Gentleman May proceed.
David Yancey
Mr. Speaker, I move that we take House resolution 91 on Page 38 out of order.
[Unknown]
House resolution 91. Clerk will report up the resolution.
[Unknown]
House resolution the 91 commending the Virginia living museum.
Bill Howell
Gentleman from Newport News .
[Unknown]
Mr. Speaker, I move passage of the resolution.
[Unknown]
As many as favor that motion, say aye. Those opposed, no. Resolution agreed to.
[Unknown]
Thank you, Mr. Speaker, joining us in the gallery this morning, and I would ask they please stand, are members of the Virginia living museum. The members include founding museum members mary Sherwood holt, harry and judy, george and patty good son. Deputy director fred Fariss, and 50th anniversary board member joe wit. This year marks the 50th anniversary of the Virginia living museum founded by members of the warrick rotary club. It has been the place for people to visit to learn about all aspects of Virginia 's natural history and our unique environment. It has provided a place for children to experience nature and learn about science, and the Virginia living museum has also been an outstanding economic contributor, attracting tourists to the commonwealth and city of Newport News. The museum has welcomed over 8 million visitors, visitors, ag with the gentle lady from Newport News, Mrs. Price, we invite members of the House to visit the Virginia living museum and see the numerous fish and wildlife on display that we know their families will enjoy and remember. They are here in Richmond today in celebration of passage of House resolution 91, commending the museum and along with gentlelady from Newport News, Delegate Price, I would ask that the members please give them a warm House welcome. (applause).
Bill Howell
We're pleased to have the representatives from the Virginia living museum with us today, and we thank you for all that you do. The gentleman from Virginia beach, Mr. Stally.
[Unknown]
Thank you, Mr. Speaker, I rise for a question.
Bill Howell
The gentleman has the floor.
[Unknown]
Mr. Speaker, on Page 27 of the calendar, can hjr 89 go by for the day?
Bill Howell
Without objection, House joint resolution 89 by for the day.
Bill Howell
The gentlewoman from Chesterfield, Ms. Robinson.
[Unknown]
Thank you, Mr. Speaker. I rise for a point of personal privilege.
Bill Howell
Gentlewoman has the floor.
[Unknown]
So Monday is women's heart health day, and I ask all members to please consider wearing red on Monday to show their support.
[Unknown]
That was probably one of the quickest points of personal privilege we've had. (applause).
Bill Howell
I didn't even get a chance to sit down. The gentleman from Fairfax, Mr. Simon.
Marcus Simon
Mr. Speaker, I rise for a motion.
Bill Howell
Gentleman has the floor.
Marcus Simon
Mr. Speaker, I move that House bill 746 on Page 16 of the calendar be moved to the regular calendar.
Bill Howell
Without objection, House bill 746 to the regular calendar. The gentleman from Halifax, Mr. Edmunds.
James Edmunds
Mr. Speaker, I rise for a request.
Bill Howell
Gentleman May state it.
James Edmunds
Mr. Speaker, I ask that the journal reflect that the gentlelady from Westmoreland is away today on pressing personal business.
Bill Howell
The journal will so reflect. Gentlewoman from Bedford, Ms. Byron.
[Unknown]
Thank you, Mr. Speaker, I rise for a request.
Bill Howell
Gentlewoman May state it.
[Unknown]
I request the journal reflect that my seat mate from Prince William is away due to pressing personal business.
Bill Howell
The journal will so reflect.
Bill Howell
Gentleman from Rockbridge, Mr. Cline.
Ben Cline
Thank you, Mr. Speaker, rise for an introduction.
Bill Howell
Gentleman has the floor.
Ben Cline
Mr. Speaker, ladies and gentlemen of the House, with us today in the gallery are two representatives from the Lexington rotary club, so I would ask them to rise. We have with us steve beck and dick holsef, and I ask the House to give them a warm welcome today. (applause).
[Unknown]
Delighted to have the visitors. Hope you enjoy your time in the capital.
Bill Howell
Gentleman from Arlington, Mr. Hope.
Patrick Hope
Thank you, Mr. Speaker, I rise for a point of personal privilege.
Bill Howell
Gentleman has the floor.
Patrick Hope
Thank you, Mr. Speaker. This morning the governor announced that avenue point will invest $1.5 million to establish its first operation in the city of Richmond creating 100 new jobs. The company will also expand in Arlington County, creating 55 new jobs. I'd like to commend the city of Richmond, the greater Richmond partnership in Arlington County for all working with the governor and his team to successfully secure this project for the commonwealth. The Virginia enterprise zone program and Virginia jobs investment program were two state tools utilized to help secure these projects. Avenue point is a software vendor and manufacturer that works with over 14,000 organizes in five continents. They work across various realms, such as energy, utilities, financial services, health care, pharmaceuticals and the public sector. Avenue point's expansion went through a highly competitive process with many other states, and they chose Virginia, and for good reason, too, Mr. Speaker, and ladies and gentlemen. House. When their general council was asked why they chose Virginia, he stated, and I quote, in the end, Virginia clearly offers an unparalleled, attractive business atmosphere with lower tax, a lower cost of doing business, and a highly talented labor workforce. The combination, which no other location is suitedly matched. Gentlemen of the House, I 'm Mr. Speaker, ladies and proud of the work that governor terry mcauliffe has done in the economic area, and this is just another example of that. Thank you, Mr. Speaker.
Bill Howell
Gentleman from Fairfax, Mr. Lemunyon.
Jim LeMunyon
Thank you, Mr. Speaker. I rise for a request.
Bill Howell
Gentleman May state it.
Jim LeMunyon
I request that on Page 22, House bill 518 go by for the
Bill Howell
Without objection, House 518? Day.
[Unknown]
518, yes.
[Unknown]
By for the day.
[Unknown]
Thank you.
Bill Howell
The gentleman from Henrico, Mr. Owe O'Bannon .
[Unknown]
Thank you, Mr. Speaker. Rise for a request and a brief announcement.
Bill Howell
Gentleman has the floor.
[Unknown]
Thank you, sir. On Page 34 of the calendar, I would request hjr 191 go by for the day.
Bill Howell
Without objection, House joint resolution 191 by for the day.
[Unknown]
Thank you, and I just want to remind the members of the joint commission for health care for all virginians that kim sneed is retired. We will be interviewing two candidates at 2:30 today in five east. All members of the joint commission are invited to attend those interviews. Thank you, sir.
Bill Howell
Thank you. The gentlewoman from Fairfax, Ms. Kory.
[Unknown]
Thank you, Mr. Speaker. I rise for a request and an announcement.
Bill Howell
Gentlewoman has the floor.
[Unknown]
Mr. Speaker, I request that hb 252 on Page 7 go by for the
Bill Howell
Without objection, House bill day. 252 by for the day.
[Unknown]
Thank you, Mr. Speaker. My announcement is that I 'd like to remind all the members of the body that on Monday morning at 10 o'clock, we're having the grand opening of the art gallery in 7 west. Special art from special artists. Artists should be there from a variety of organizations advocating for adults with disabilities under the umbrella of arc and a few other organizations, as well, and refreshments. Please come by.
[Unknown]
Thank you.
Bill Howell
Gentleman from Culpeper .
[Unknown]
Thank you, Mr. Speaker. I rise for the purpose of a
Bill Howell
Gentleman May state it. Request.
[Unknown]
I request that on Page 36 we move House joint resolutions 212 and 213 by for the day.
Bill Howell
Without objection, House joint resolution 212 and House joint resolution 213 by for the day.
[Unknown]
Thank you, Mr. Speaker.
Bill Howell
The gentleman from bot tock, Mr. Head.
Chris Head
Thank you, Mr. Speaker. Rise for a motion. I'd like to move that House bill 465 on Page 7 of the calendar be rereferred to the committee on health, welfare and institutions.
[Unknown]
The gentleman, Mr. Head, moves that House bill 465 be rereferred to the committee on health, welfare and institutions. As many as favor that motion say aye. Those opposed, no. That motion is agreed to.
Chris Head
The gentlewoman from Fairfax, Ms. Boysko.
[Unknown]
Thank you, Mr. Speaker. I rise for a point of personal privilege.
Bill Howell
Gentlewoman has the floor.
[Unknown]
Mr. Speaker and members of the House, my seat mate and fellow member of the 2016 freshman class is celebrating his birthday today. I would like to wish him a very happy day. I hope he enjoys himself and so glad that I get to sit next to you all yearlong. (applause).
Bill Howell
The gentleman from Alexandria, Mr. Levine.
Mark Levine
Mr. Speaker, I rise for a motion.
Bill Howell
Gentleman has the floor.
Mark Levine
I move that hb 791 on Page 17 go by for the day and be moved to the regular calendar.
Bill Howell
Without objection, House bill 791 to the regular calendar and by for the day.
[Unknown]
Thank you, Mr. Speaker.
Bill Howell
The gentleman from Campbell, Mr. Ferris.
[Unknown]
Mr. Speaker, I rise for a request.
Bill Howell
Gentleman May state it.
[Unknown]
On Page 24, House bill 918, can we go by for the day?
Bill Howell
Without objection, House bill 918 by for the day.
Bill Howell
The gentleman from Hanover, Mr. Fowler.
Buddy Fowler
Thank you, Mr. Speaker. I rise for the purpose of an introduction.
Bill Howell
Gentleman May proceed.
Buddy Fowler
Thank you, Mr. Speaker. Ladies and gentlemen of the House, it's a privilege for me to introduce pastor and Mrs. Fox from Caroline County. Of course, they've been married for 49 and a half years, and pastor fox is a founder and owner of the fox insurance agency with branches located in Caroline and Hanover County. He received his bachelor of arts degree in religious studies and philosophy from the Virginia commonwealth university. He also earned a master of divinity degree from samuel dewitt proctor school of theology at Virginia union university here in Richmond, Virginia. Pastor fox served as senior pastor at grants hill baptist church in Westmoreland County for 22 years and currently serves as senior pastor at the enon baptist church on capitol hill in Washington d.C. Pastor fox and Mrs. Fox reside in beaverdam, Virginia. I would ask the body to please join me and extend to pastor and Mrs. Fox a warm House welcome. (applause)
[Unknown]
Are there further motions or resolutions under rule 39? If not, the clerk will call the calendar.
[Unknown]
Calendar for the Virginia House of delegates for Friday, January 29th, 2016. Page 1 of the printed calendar, House bills on third reading, uncontested calendar, 15 bills from pages 1 through 6 are as follows, House bills 181, 184, 190, 559, 629, 648, 652, Page 4, House bill 674, 719, 724, 725, 727, 731. Page 6, House bill 816 and House bill 1026.
Bill Howell
Shall the bills pass? The clerk will close the roll.
[Unknown]
Ayes, 97, nos 0.
[Unknown]
The bills are passed.
[Unknown]
Continuing with the calendar, House bill on third reading, regular calendar, House bill 562, a bill to amend and reenact various sections of the code of Virginia relating to licensure of make suj -- is a massage therapists.
[Unknown]
Shall the bill pass?
[Unknown]
Ayes 93, nos 3.
[Unknown]
Ayes 93, nos 3, the bill is passed.
[Unknown]
Turning to Page 7 of the printed calendar, House bills on second reading uncontested calendar, approximately three House bill 252 has been taken by dozen. For the day. House bill 465 has been rereferred to the committee on health, welfare and institutions accordingly. House bill 87, a bill to amend and reenact a section of the code of Virginia relating to the health insurance reform commission, legislation, report from the committee on commerce and labor with a substitute.
Bill Howell
The gentlewoman from Bedford .
[Unknown]
Sorry. My neighbor was interrupting me over here. He's by boss, though. Thank you, Mr. Speaker. Ladies and gentlemen of the House, House bill 87 is a bill that started out technical, and it's still pretty much is. But originally we were correcting the code to reflect who was the responsible agency for determining if a health insurance mandate was outside of the scope of the essential health benefit package, which would cost the state money. So it's a very important assessment that's done, and originally it was supposed to be cms, and they are under rule making right now with the aca, as has happened quite often. We're waiting on them to make a decision on who they want to be responsible, so the bill was rewritten broadly to say that whoever the applicable person is will make that decision, but if not, it will land with the bureau of insurance. I hope it be the pleasure of the House to pass the substitute.
[Unknown]
Question on adoption of committee substitute. As many as favor that motion, say aye. Those opposed, no. Substitute is agreed to. The gentlewoman.
[Unknown]
I hope it be the pleasure of the House to pass the bill. Thank you.
[Unknown]
Thank you.
[Unknown]
Turning to Page 8 of the printed calendar, House bill 136, a bill to amend the code of Virginia relating to damaged stationary duck blinds in the city of Virginia beach. Report from the committee on civil penalty. Agriculture, chesapeak and natural resources with amendments.
Bill Howell
Gentleman from Virginia beats, Mr. Knight.
Barry Knight
Mr. Speaker, I move the committee amendments.
Bill Howell
Question is on adoption of committee amendments. As many as favor that motion, say aye. Those opposed, no. The amendment is agreed to. The gentleman from Virginia beach.
Barry Knight
Mr. Speaker, House bill 136 allows the licensee of a duckblind in back bay in Virginia beach to put up a pole 6-foot above high water with reflective tape instead of building a new duckblind if duckblind was destroyed by ice or fire to make the submerged poles so they won't be a boat he hazard. Mr. Speaker, I move the House engross the bill and pass to third reading.
[Unknown]
House bill 137, a bill to authorize the shooting of of Farrell hogs. Report from the committee of agriculture, chesapeak and natural resources.
Bill Howell
House will come to order.
[Unknown]
He's got some better ones coming.
[Unknown]
Mr. Speaker, House bill 137 allows permission from the state to allow state or federal personnel to hunt ferrell hogs that are deemed a nuisance animal in state park or national wildlife refuge, as aircraft has been one of the only viable means to eradicate these very smart animals. Mr. Speaker, I move the House engross the bill and pass it to its third reading.
[Unknown]
Mr. Speaker. Mr. Speaker. Mr. Speaker, will the gentleman yield?
Bill Howell
The gentleman from Prince William, Mr. Lingamfelter.
Scott Lingamfelter
Mr. Speaker, will the gentleman yield for a question?
[Unknown]
Yes, sir.
Scott Lingamfelter
I'd ask the gentleman, can you mount 50 calibers on the helicopter with laser beams on them?
[Unknown]
Yes, sir.
[Unknown]
I urge the body to vote for the bill.
[Unknown]
Continuing with the calendar, House bill 196, a bill to amend the code of Virginia relating to public elementary and secondary schools and local school divisions, information and forms, report from the committee on education with a substitute.
Bill Howell
Gentleman from for instance william, Mr. Lingamfelter.
Scott Lingamfelter
Mr. Speaker, I move the committee substitute.
[Unknown]
Questions on adoption of the committee substitute. As many as favor that motion, say aye. Suppose pose. Those opposed, no. Substitute is agreed to.
Scott Lingamfelter
House bill 196 requires the board of education to adopt policies to insure the department does not require public elementary or secondary schools or local school divisions to provide certain duplicate information or certain information that is not necessarily required pursuant to state law. The bill also permits the board tomer mitt public and elementary schools and local school divisions to submit all information and forms with the exception of teacher licensure for purposes of privacy reasons, we took that out, to the the bill also requires that the department electronically. Department annually evaluate and determine the continued need for the information that it collects and also report to the House committee on education, Senate committee on education, their results. I move we engross the bill and move it to a third read.
[Unknown]
Guest: House bill 238, a bill to amend and reenact a section of the code of Virginia relating to the state and local government conflict of interest act, prohibited contracts, exceptions for certain contracts entered into by an officer or employee of a soil and water conservation district. Report from the committee on general laws.
Bill Howell
The gentleman from Prince William, Mr. Lingamfelter.
Scott Lingamfelter
House bill 238 provides an exception to the prohibition against officers and employees having contracts with their employing agencies for contracts by an officer or employee of a soil and water conservation district, so they can participate in the Virginia agricultural best management practices cost share programs. The exception does not apply to subcontracts or other agreements entered into to provide services for implementation of the cost share contract established under the program. I move the bill be engrossed and moved to a third read.
[Unknown]
Guest: House .
Scott Lingamfelter
House bill 261, a bill to amend and reenact a session of the code of Virginia for former members of the --.
[Unknown]
Mr. Yancey, Mr. Speaker, members of the House, House bill 261 provides for the issuance of a provisional teaching license to any former member of the united states armed forces or Virginia national guard who has that appropriate level to be able to teach our young people. I move the House engross the bill and pass on to its third read.
[Unknown]
Guest: turning to Page 10, House bill 263, a bill to amend and reenact a section of the code of Virginia relating to the western Virginia consortium membership. Report from the committee on education.
Bill Howell
The gentleman from Franklin, Mr. Poindexter.
Charles Poindexter
Thank you, Mr. Speaker. Mr. Speaker, members of the House, this bill deals with the membership of the western Virginia public education consortium. The consortium was started many years ago for Delegate, senators and regional superintendents to collaborate on public education. It seems like the tenth district is no longer in the area. It's up in Loudoun County now. It would be appropriate to delete the tenth district from the membership list. Mr. Speaker, I move the bill been -- be engrossed and passed to third reading.
[Unknown]
House bill 315, a bill to amend the code of Virginia related to conservation police officers retirement. Report from committee on agriculture, chesapeak and natural resources with a substitute.
Charles Poindexter
Gentleman from Caroline, Mr. Orrock.
Bobby Orrock
Mr. Speaker, I move passage of the committee substitute or adoption.
Bill Howell
Question is on the adoption of the committee substitute. As many as favor that motion, say aye. Those opposed, no. The substitute is agreed to. Gentleman from Caroline .
Bobby Orrock
Mr. Speaker, ladies and gentlemen of the House, with the passage of this bill, we'll be allowing two individuals who have been conservation police officers with the department of game and inland fisheries for over 20 years who will be transitions or excuse me, have already transitions into civilian capacity with that department to secure their previous service weapon for the nominal fee of 1 dollar, which is common practice for an individual when they retire from law enforcement. The reason we have to do it through a section 1 bill is because they are not retired from the department, per se. They're not eligible to keep the weapon that they otherwise would be able to keep. I hope it be the pleasure of the body to engross the bill and pass it to its third reading.
[Unknown]
House bill 321, a bill to amend and reenact a section of the code of Virginia relating to the Virginia economic development partnership authority, powers, employment of attorneys, report from committee on general laws.
Bill Howell
The gentleman from Virginia beach, Mr. Knight.
Barry Knight
Mr. Speaker, House bill 321 clarifies that the Virginia economic development partnership can hire in-House council. They have been doing this since v depp's inception in 1995. Recently the attorney general's office notified vdep that they need clarifying legislation to continue this practice. Mr. Speaker, I move the House engross the bill and pass to its third reading.
[Unknown]
Turning to Page 11 of the printed calendar, House bill 322, a bill to amend the code of Virginia relating to alcoholic beverage control, summary suspension of license and emergency circumstances. Report from the committee on general laws with a substitute.
Barry Knight
The gentleman from Virginia beach, Mr. Knight.
Barry Knight
Mr. Speaker, I move the substitute.
Bill Howell
Questions on adoption of the committee substitute. As many as favor that motion, say aye. Those opposed, no. The substitute is agreed to. The gentleman from Virginia beach.
Barry Knight
Mr. Speaker, House bill 322 allows abc to temporarily suspend an abc license where a murder or a violent act has occurred and is a pattern. Mr. Speaker, I move the House engross the bill and move to its third reading.
[Unknown]
House bill 327, a bill to amend and reenact a section of the code of Virginia relating to beach restoration, expedited permit. Report from the committee on agriculture, chesapeak and natural resources.
Bill Howell
Gentleman from Accomack .
[Unknown]
House bill 327 requires bmrc to establish an expedited permit process for public beach sand restoration and fortification when a state of emergency has been declared, like a hurricane. I hope it is the pleasure of the House to engross the bill and pass to its third reading.
[Unknown]
Thank you.
[Unknown]
Mr. Speaker.
Bill Howell
The gentleman from Fairfax .
[Unknown]
Mr. Speaker, I have a request.
[Unknown]
Yes, sir.
[Unknown]
Can hb 327 go to the regular calendar for the purpose of an abstention.
[Unknown]
After engrossment?
[Unknown]
Continuing with the calendar, House bill 335, a bill to amend and reenact section of the code of Virginia relating to official emblems and designations, eastern garter snake. Report from the committee on general laws.
[Unknown]
The gentleman lady from James city county.
[Unknown]
Thank you, Mr. Speaker. Hb 335 does two things. First it makes the eastern garter snake the state snake, but most importantly, it corrects an error in the code by reinserting the cardinal as the state bird and dogwood as the state tree. These were inadvent antly left out the last time the code was amended. This suggestion came to me by aiden coleman, an 11-year-old I met at william and mary this summer. He was one of 40 students participating in a professional development training for science teachers. The students were challenged by the teacher to nominate a state reptile, and he took up the challenge. I move the bill be engrossed and passed to third read.
[Unknown]
Guest: turning to Page 12 of the calendar, House bill 353, a bill to amend and reenact a section of the code of Virginia relating to your local school board transportation agreements with nonpublic schools. Report from the committee on education.
Bill Howell
The gentleman from Loudoun, Mr. Greason.
Tag Greason
Thank you, Mr. Speaker. Mr. Speaker, thank you. House bill 353, currently the code section says local school boards May enter into agreements with nonpublic schools within a school division to provide student transportation to and all this bill says is that they from school. Can continue to do that but they can also provide transportation on school field trips. Mr. Speaker, I hope that we will move the -- move that the bill is engrossed and moved to its third read.
[Unknown]
Guest: House .
Tag Greason
Reading.
[Unknown]
House bill 369, state's executive counsel for children services, state and local advisory team membership. Report from the committee on general laws.
Bill Howell
The gentleman from stanton, Mr. Bell.
[Unknown]
Thank you, Mr. Speaker. Mr. Speaker, ladies and gentlemen of the House, House bill 369 is in response to budget item 278. E of chapter 665 of the appropriation act, which directed the secretaries of health and human resources and education to convene a work group to provide recommendations concerning the functioning of the state executive council for children services, including the appropriate composition of the council. This bill will add two voting members to the sec for children services by amending section 2.2-2648 b. One member who has previously been a recipient of services through csa and one member who is the chair of the csa state and local advisory team. The bill also adds one voting member to the csa state and local advisory team by amending that same code section to add a member who has previously been a recipient of services through csa. I would ask that the bill be engrossed and passed to its third reading.
[Unknown]
House bill 387, a bill to amend and reenact section of the code of Virginia relating to the security commonwealth panel, member reporting, report from the committee on general laws.
Bill Howell
The gentleman from Norfolk, Mr. Lindsey.
Joe Lindsey
Mr. Speaker, the secure commonwealth panel is a body that reports to the governor as security stakeholders dealing with public safety issues. We've noticed that what we've done is we've inadvertently left off the secretary of the veteran affairs. This bill simply requests the opportunity for the secretary of veterans affairs for be added to this group. I'd ask that the bill be engrossed and passed on to its third reading.
[Unknown]
Turning to Page 13 of the printed calendar, House bill 438, a bill to amend the code of Virginia relating to sediment reduction credits for Ms 44's. Report from the committee oning a actual -- agriculture, chesapeak and natural resources with substitute.
Joe Lindsey
I move the substitute.
Bill Howell
Question is on adoption of the committee substitute. As many as favor that motion, say aye. Those opposed, no. The substitute is agreed to. The gentleman from Fairfax .
[Unknown]
Thank you. Mr. Speaker, ladies and gentlemen of the House, House bill 438 establishes a system of sediment trading for localities that must make sediment reductions. We also have a great system already in place in Virginia for phosphorous and nitrogen and recognition that it's not always cost effective or feasible to achieve these reductions through onsite stormwater management facilities. In fact, our program was recognized by the epa as a model and has been used as a model in other states. The bill that's before you today is the result of a collaboration with deq, municipalities as well as the Chesapeake bay foundation, foundation, and that, Mr. Speaker, I move we engross the bill and pass it on to its third
[Unknown]
Thank you. Reading.
[Unknown]
House bill 453, a bill to amend and reenact a section of the code of Virginia relating to the northern neck middle peninsula public education consortium, reasonable boundaries and governing board, report from the committee on education.
Bill Howell
The gentleman from Middlesex, Mr. Hodges.
Keith Hodges
Thank you, Mr. Speaker. Ladies and gentlemen of the House, House bill 453 simply updates the boundaries and membership of the northern neck middle peninsula public education consortium to coincide with the current boundaries of the House and national legislative districts. I hope it will be the pleasure of the House to engross the bill and pass it to its third reading.
[Unknown]
House bill 472, a bill to amend and reenact two sections of the code of Virginia relating to service agency and technicians, security seal and service technician certification qualifications. Report from the committee on agriculture, chesapeak and natural resources with a substitute.
Keith Hodges
The gentleman from suck -- Sussex, Ms. Tyler.
[Unknown]
Thank you, Mr. Speaker. I move to accept the committee substitute.
Bill Howell
As many as favor that motion, say aye. Those opposed, no. The substitute is agreed to. The gentlewoman from Sussex .
[Unknown]
Thank you, Mr. Speaker. House bill 472 will simply require wait to measure service agencies to submit a uniquely identifiable security seal with this application for registration or renewal. Secondly, the bill clarifies that a service technician must have a valid proof of completion of an online training course every three years related to weights and measures. This is only taken when it's available by the commission, and it's at no cost to the server tech or entities that employ them. I hope it's the pleasure of the House to approve this bill and pass to third reading.
[Unknown]
Turning to Page 14 of the printed calendar, House bill 529, a bill to amend and reenact a section of the code of Virginia relating to the treasury board meetings. Report from the committee on general laws.
Bill Howell
The gentleman from Richmond city, Ms. Carr.
[Unknown]
Thank you, Mr. Speaker. Mr. Speaker, House bill 529 amends the requirements for meetings of the treasury board. The bill is at the request of the treasury department. I hope it will be the pleasure of the body to engross the bill and pass it on to its third reading.
[Unknown]
House bill 534, a bill to amend and reenact a section of the code of Virginia relating to the department of general services. Notice required before a disposition of surplus real property. Report from the committee on general laws with amendments.
Bill Howell
The gentlewoman from Fairfax, Ms. Kory.
[Unknown]
Thank you, Mr. Speaker. This bill comes to us as an amend in the form of a substitute, and I 'd like to move that we accept that substitute.
Bill Howell
The question is on adoption of the committee amendments. As many as favor that motion, say aye. Those opposed, no. Amendments are agreed to. The gentlewoman from Fairfax .
[Unknown]
This bill does require the department of general services to post on their website notice of any surplus property, property that has changed hands, leases have been let, of any department of the state of the commonwealth of Virginia. The rationale is that these are the people's property and the people's employees and that information ought to be public. Thank you, Mr. Speaker.
[Unknown]
Turning to Page 15 of the printed calendar, House bill 654, a bill to amend and reenact a section of the code of Virginia relating to alcoholic beverage control, distribution of liter tags on cider produced by farm wineries. Report from the committee on general laws with an amendment.
Bill Howell
Gentleman from Lynchburg, Mr. Garrett.
Scott Garrett
Thank you, Mr. Speaker. I move adoption of the committee amendment.
Bill Howell
Question is on adoption of the committee amendment. As many as favor that motion, say aye. Those opposed, no. The committee amend of amendment is agreed to, the gentleman from Lynchburg .
Scott Garrett
Thank you, Mr. Speaker. The wine promotion fund, as you know, sir, is used for marketing, education and research for bos both wine-making and cider-making. It's been presumed the wine tax and cider markup were being collected and dedicated to a wine promotion fund. However, it's been determined that the markup on Virginia cider has not been being deposited into the fund. House bill 654 merely clarifies that the cider markup will be, in fact, reinvested in the wine promotion fund. Mr. Speaker, I hope it's the pleasure of the House to engross the bill and pass it to its third reading.
[Unknown]
Thank you.
[Unknown]
House bill 706, a bill to amend and reenact a section of the code relating to alcoholic beverage control, cork for beer and cider, report from the committee on general laws.
Bill Howell
Gentleman from Newport News, Mr. Yancey.
David Yancey
Thank you, Mr. Speaker. Mr. Speaker, members of the House, 706 expands the corkage fee restaurants May charge for wine to include beer and cider. I move the House engross the bill and pass to third reading.
[Unknown]
Continuing with the calendar, House bill 707, a bill to amend and reenact their us sections of the code of Virginia relating to the Virginia board for asbestos, lead and home inspectors, licensure of methamphetamine laboratory remediators. Report from the committee on general laws with a substitute.
David Yancey
The gentleman from Loudoun, Mr. Minchew.
Randy Minchew
Thank you, Mr. Speaker. I would move the committee substitute.
Bill Howell
Question is on adoption of the committee substitute. As many as favor that motion, say aye. Those opposed, no. Substitute is agreed to. The gentleman from Loudoun .
Randy Minchew
Thank you, Mr. Speaker. As amended by the committee on general laws, House bill 707 allows for a new mode of licensure on our board of ass -- asbestos home inspectors, which allow for a seat on that board and the promulgation of regulations for clan drugs. When originally filed, I was targeting methamphetamine labs. Where you have a meth lab in a home, the toxic substance can get into the drywall and into the flooring, and it takes a very special regimen of remediation in order to allow for that House to get a clean bill of health. This bill will abate that and allow for proper licensure to I would ask, Mr. Speaker, that ensue. The bill be engrossed and sent forward to its third read.
[Unknown]
Guest: House bill 746 has been moved to the regular calendar. House bill 778, a bill to amend and reenact a section of the code of Virginia relating to the fraud and abuse whistleblower protection act. Report from the committee on general laws.
Bill Howell
Gentlewoman from Richmond city. Ms. Mcclellan.
[Unknown]
Thank you, Mr. Speaker. Mr. Speaker and members of the House, House bill 778 allowing the reward threshold to $5,000 for consistency between code section and clarified the rewards are limited to actual recoveries of money through the fraud and whistleblower protection act. Mr. Speaker, I hope it's the pleasure of the House to engross the bill and move it to its third read.
[Unknown]
Guest: continuing with the calendar, House bill 791 moved to the regular calendar and by for the day. Accordingly, House bill 813, a bill to amend and reenact a sks of the code of Virginia relating to the commonwealth ownership of off-shore waters and submerged lands survey. Reports from the committee on agriculture, chesapeak and natural resources.
Bill Howell
The gentleman from Virginia beach, Mr. Knight.
Barry Knight
Mr. Speaker, House bill 813, this bill allows the state to establish its three miles off shore limit by a metes and bounds survey. Our three mile limit is moving westward as erosion of our shoreline continues. We should have done this survey in 1776, but now they've come to me and said they want to do it now. So Mr. Speaker, I move the House engross the bill and pass to its third reading.
[Unknown]
House bill 844, a bill to amend and reenact several sections of the code of Virginia relating to insurance agents. Continuing education program changes. Report from the committee on commerce and labor.
Barry Knight
The gentleman from Manassas ,
[Unknown]
Thank you, Mr. Speaker. Mr. Miller. House bill -- this House bill establishes an additional period of time for insurance agents who have completed the number of their education hours but had failed to pay the required continuance fee. It gives them the ability to pay a light fee in filing but avoid an administrative cancellation of their insurance license. It has the support of all five of Virginia 's professional insurance organizations, along with no opposition. In fact, working along with the board of insurance. I move the House be -- the move the bill be engrossed and passed on to its third reading.
[Unknown]
Continuing on Page 18 of the printed calendar, House bill 867, a bill to amend and reenact a section of the code of Virginia relating to the Virginia freedom of information act, exemption related to disclosures, tech call amendment -- technical amendment.
[Unknown]
Mr. Gilbert.
[Unknown]
Thank you, Mr. Speaker. Gentlemen, this is a technical Mr. Speaker, ladies and fix to one of many that you'll be hearing about this session on the ethics legislation we passed last year. We neglected in the freedom of information act to update the language related to the reporting that we now do from annual to semi-annual, and that's what the bill does. I move that the bill be engrossed and passed to its third reading.
[Unknown]
House bill 894, a bill to amend and reenact a section of the code of Virginia relating to the standards of learning innovation committee, report from the committee on membership, emergency. Education.
Bill Howell
The gentleman from Loudoun, Mr. Greason.
Tag Greason
Thank you, Mr. Speaker. Ladies and gentlemen of the House, you May recall a couple years ago we created something called the sol innovation committee. It's a group of stakeholders that looks at important issues around sol testing and assessments. After two years of great work, we recognized three things, one, we don't have any representatives from four-year public institutions. No. 2, we don't have any representatives from the community college system, and no. 3, everybody is on the same two-year term, so there's no staggered terms. This bill will correct those three components, and I hope that you guys will support that. Mr. Speaker, I move that the bill be engrossed and passed on to its third reading.
[Unknown]
Turning to Page 19 of the printed calendar, House bill 955, a bill to amend and reenact various sections of the code of Virginia, repeals several others, all relating to limited liability companies, entity conversions. Report from the committee on commerce and labor.
Tag Greason
The gentleman from Fairfax, Mr. Keam. Ladies and gentlemen of the
Mark Keam
Thank you, Mr. Speaker. House, as you can see from the description, this bill is rather technical. This is brought to us by the clerk's office of the state corporation commission as a way to make it easy for a practitioner to understand where all the provisions that relate to limited liability act and conversions are. Currently they're dispersed in the stock act and business trust act. So this puts together all the sections related into one new act and adds a new component that's a similar section in the business reorganization under the llc. It's in the Virginia bar association law section, and I hope it be the pleasure of the House to engross the bill and pass to third reading.
[Unknown]
House bill 1066, a bill to amend and reenact a section of the code of Virginia relating to cedar hills cemetery grave sites. Reports from the committee on agriculture, chesapeak and natural resources.
Mark Keam
The gentleman from Suffolk, Mr. Jones.
Chris Jones
House bill 1066 would add 197 graves to a list of graves in over 80 county, cities and towns across the commonwealth for perpetual care for orphaned graves. It will have a 980-dollar impact, and I ask we engross the bill and pass to third reading, and I would have a motion, Mr. Speaker, also, if we could move to regular calendar after engrossment.
Bill Howell
Without objection, House bill 1066 to the regular calendar after engrossment.
Chris Jones
And Mr. Speaker, turning to Page 20 of the printed calendar, House bill 1127, a bill to amend and reenact several sections of the code of Virginia and repeal six 3 of 63 relating to forest fire protection compact. Reports from agriculture, chesapeak and natural resources.
Bill Howell
The gentleman from Salem, Mr. Habeeb.
Greg Habeeb
Mr. Speaker, members of the House, House bill 1127, codifying the forest fire protection compact. I move we engross and pass to third reading.
[Unknown]
Shall the bills be engrossed and passed to third read something as many as favor that motion, say aye. Those opposed, no. The bills are engrossed and passed to third reading.
Greg Habeeb
Continuing with the calendar, Page 20 of the printed version, House bills on second reading, regular calendar. 11 bills in this category today. First up, House bill 825. A bill to amend and reenact a section of the code of Virginia relating to medical tear medical personnel, pie on he owe military medical personnel pilot programs.
Bill Howell
Gentleman from Virginia beach, Mr. Stolle.
Chris Stolle
As many as favor that motion, say aye. Those opposed, no. Committee amendment is agreed to. The gentleman from Virginia beach.
[Unknown]
Thank you, Mr. Speaker. Military medics and corpsmen service extensive and valuable health care training while on active duty. When they transition to civilian life, their military health care experience May not easily translate into comparable certifications or licenses required for health care jobs. As a result, many veteran medics and corpsmen are unemployed and cannot apply their skills in the civilian health care industry. This bill allows the department of health professions to establish a pilot program that will allow military medical personnel to practice under the supervision of a physician. Mr. Speaker, I move the bill be engrossed and passed to its third reading.
Chris Stolle
Shall the bill be engrossed and passed to third read something as many as favor that motion, say aye. Those opposed, no. The bill is engrossed and passed to its third reading.
[Unknown]
House bill 143, a bill to amend and reenact several sections of the code relating to alcoholic beverage control. Neutral grain spirits or alcohol sold at government stores, proof, committee on general laws.
Bill Howell
The gentleman from Virginia beach, Mr. Knight.
Barry Knight
Mr. Speaker, House bill 143 allows the sale of clear and flavorless alcohol up to 151 proof in the abc stores. The limit now is 101 proof. If it had a little bit of flavoring or a little color, there wouldn't be a limit on it, but there is. This bill runs it up to 151 proof. Mr. Speaker, I move the House engross the bill and pass to its third reading.
Bill Howell
Shall the bill be engrossed and passed? Gentleman from Fairfax. Shall the bill be engrossed and passed to third reading. As many as favor that motion,, no-no. The bill -- those opposed, no. Say aye. Bill is engrossed and passed to third reading.
Barry Knight
House 145, a bill to amend and reenact a section of the code of Virginia relating to the Virginia public procurement act, public works contract prohibited terms. Report from the committee on general laws.
Bill Howell
The gentleman from Fauquier, Mr. Webber.
[Unknown]
Thank you, Mr. Speaker. Mr. Speaker, hb 145 prohibits state agency from acquiring businesses who want to bid on a project to provide a prevailing wage, which is typically higher than what the market dictates. Prevailing wages requirements function like minimum wages, under the Price of labor above what the market can sustain it elf is. Prevailing wage provisions drive up costs and reduce competition. I move the House engross the bill and move to third read.
Bill Howell
Guest: gentleman from -- third reading.
Bill Howell
Gentleman from Fairfax .
[Unknown]
By definition, prevailing wage could not be a wage higher than the prevailing wage, but other than that minor point, this is another bill that won't have an impact, because we don't do this now. In the fiscal impact statement I 'll read, it says it is not common practice for public works contracts to contain such a requirement, and the department of general services reports, it is not aware of any instances of agencies, including such a provision in the contract. So therefore, in my effort to keep the code just a little bit smaller than it was, I would urge a no vote. Thank you very much, Mr. Speaker.
Bill Howell
The gentleman from Virginia beach, Mr. Davis.
Glenn Davis
Mr. Speaker, rise to speak to the bill.
Bill Howell
Gentleman has the floor.
Glenn Davis
Thank you, Mr. Speaker. I can appreciate the gentleman's comments that this is not a practice being used today, but as I found out when I first got up here in 2014 and I put a very similar bill in restricting local governments from doing this, and we didn't think they were doing that because they didn't have the permission, and then we found out three localities already are doing this. So sometimes you have to put that protection measure in place before people start doing what they shouldn't be doing anyway, and I would tell the gentleman that this actually does make a significant difference for those of us that are familiar with Davis bacon, which is exactly what this is trying to prevent at the state level. At the federal level, they estimate that 10 to 15% of all the costs associated with federal government contracts are due to that Davis bacon wages, which is basically an inflated labor rate. Mr. Speaker, for the sake of our economy and the cost of our government, I hope this body continues to move this bill forward.
[Unknown]
Shall the be engrossed and passed to its third read something.
[Unknown]
Mr. Speaker.
Bill Howell
Gentleman from Fairfax .
[Unknown]
Speak to the bill again if it's okay.
[Unknown]
I beg your pardon?
[Unknown]
Can I speak to the bill one more time.
[Unknown]
Do you want a round of applause like he did?
[Unknown]
Maybe I can get two hands. Okay. You guys, I just wanted to say for the record that this bill doesn't cover local government as far as I read it. It's just state contracts. So that was a technical issue. And also it's been my experience, working for a company that has some union employees and some not, that one of the complaints I 've heard from our senior management is, when can you get the prevailing wage up? Because the prevailing wage typically is under -- and I don't know why the department of labor can't keep up. You know, government sometimes can do a great job. But the prevailing wage often is not as high as it really is in real life. Thank you very much, Mr. Speaker.
[Unknown]
Thank you. (applause).
Bill Howell
Shall the bill be engrossed and passed to its third reading? As many as favor that motion, say aye. Those opposed, no. The bill is engrossed and passed to its third reading.
[Unknown]
House bill 2010, a bill to amend and reenact a section -- two sections of the code of Virginia relating to housing. Removal of obsolete provisions, citation correction. Report from the committee on general laws.
[Unknown]
Mr. Lemunyon.
[Unknown]
House bill 2010 is a recommendation of the code commission to eliminate certain obsolete provisions of the codes, specifically the language related to the initial appointments to the Virginia manufactured housing board. The housing board is now up and running and so the language pertaining to initial appointments is no longer need. I hope it be the pleasure of the body to he engross the bill and pass to third reading.
Bill Howell
Shall the bill be engrossed and passed to third reading? As many as favor that motion, sayfave those opposed, no. Bill is engrossed and passed.
[Unknown]
House bill 2020, a bill to amend and and reenact several sections of the code of Virginia relating to the Virginia freedom of information act, public access to -- report from the committee on general laws with amendment.
Bill Howell
The gentleman from Virginia beach, Mr. Taylor.
Scott Taylor
Thank you, Mr. Speaker. House bill 220 is an open government bill. It simply says that gubernatorial appointees, resumes and/or applications will be flawed flawed. I -- will be (inaudible). I hope it be the pleasure of the body to engross and pass to third reading. Those opposed,as many as favor, say aye. Those opposed, no. The bill is engrossed and passed to its third reading.
[Unknown]
House bill 226, a bill to amend and reenact a section of the code of Virginia relating to alcoholic beverage control, mixed beverage licenses, performing arts facilities. Reports from the committee on general laws with a substitute.
Scott Taylor
Gentleman from Fairfax, Mr. Albo.
Dave Albo
I move the substitute, please.
Bill Howell
Question is oo adoption of committee substitute. As many as favor that motion, those opposed, no. Say aye. Substitute is agreed to. Gentleman from Fairfax .
Dave Albo
Mr. Speaker, since there were three unenlightened people who didn't like this bill in the committee, let me take a moment to explain it. If you have a restaurant and you serve beer and wine, you have -- in order to serve beer and wine, you have to have a full service restaurant, and you have to sell $2,000 worth of food a month. If you want that restaurant to serve school -- alcohol, distilled spirits, have you to sell $4,000 worth of food, and you have to have at least 45% of your sales to come from food. That's called the liquor ratio. There are some exceptions to that in this code, and this seeks to add two exceptions. There are performing arts venues, and they have been exempted from this if they're nonprofit. And the reason is, because if you're a performing arts venue, you're going to have a show, and you're going to be open, say, an hour before the show and close a half hour after the show, and it's really hard for you to sell food, because no one is there to eat. They're coming to see my band, all three people. So this adds to that list, nonprofit, to for-profit places that are in historic buildings and are seeking to have the same exemption that we give to nonprofits. I hope it be the pleasure of the House to engross the bill and pass to third read.
Bill Howell
Guest: shall the bill be engrossed and passed to third reading? As many as favor that motion, say aye. Those opposed, no. Bill is engrossed and passed to third read.
[Unknown]
Guest: reading.
[Unknown]
House bill 571, a bill to amend and reenact several sections of the code of Virginia relating to the opening day of the school year. Report from the committee on education.
Bill Howell
The gentlewoman from Chesterfield, Ms. Robinson.
[Unknown]
Mr. Speaker, House bill 571 is my annual -- let's the locality start school when they want to start school prior to the labor day weekend, but what makes my bill slightly different than the usual bill is that I have a carve-out for the labor day holiday weekend to allow people to have a nice long weekend to spend their tourism dollars, and so I would like to see the bill engrossed and passed on to its third reading.
Bill Howell
Shall the bill be engrossed and passed to its third reading? As many as favor that motion, say aye. Those opposed, no. The bill is engrossed and passed to its third reading.
[Unknown]
House bill 753, a bill to amend and reenact several sections of the code of Virginia relating to the opening day of the school year. Report from the committee on education.
Bill Howell
The gentleman from Loudoun, Mr. Greason.
Tag Greason
Thank you, Mr. Speaker. Ladies and gentlemen of the House, this is the seventh year that I 've carried this bill and we'll keep trying, see how this goes this time. This bill simply eliminates the waiver system as it relates to granting the authority for localities to control their own calendar. The bill, by eliminating the waiver system, says all localities will decide when their school year will start. I hope that you will support this measure in the next day or two. Mr. Speaker, I move that the bill be engrossed and passed on to its third reading.
Bill Howell
Shall the bill be engrossed and passed to third read something as many as favor that motion, say -- reading? As many as favor that motion, say aye. Those opposed, no. The bill is passed to third reading.
Tag Greason
Report from committee on general laws.
Bill Howell
The gentleman from stanton, Mr. Bell.
[Unknown]
Thank you, Mr. Speaker. Mr. Speaker, ladies and gentlemen of the House, this bill is very much like what Delegate Albo just mentioned as a special carveout. It authorizes the alcoholic beverage control board to grant a license to persons operating food concessions at any performing arts facility located in the city of Waynesboro provided that the performing arts facility is occupied under a bona fide long-term lease or concession agreement, which the original term of which was more than five years, that it has a total capacity in excess of 550 patrons and has been rehabilitated in accordance with historic preservation standards. The license to authorize the sale on the dates of the performances or private special events of alcoholic beverages for on-premises consumption and the areas upon the license premises approved by the board. There is only one such venue in the city of Waynesboro. It is a recently restored historic theater. Obviously, they are not open every day. They can never meet the food ratio for alcoholic beverage sales, hence the reason for the carveout. I would ask that the bill be engrossed and passed to its third reading.
Bill Howell
Shall the bill be engrossed and passed to third reading? As fean as favor that motion will say aye. Bill is engrossed and passed to those opposed, no. Third reading.
[Unknown]
House bill 918 taken by for the day. Returning to Page 16 of the printed calendar, House bill Page 16, House bill 746, a bill 746. To amend and reenact a section of the code of Virginia relating to the Virginia residential property disclosure act, required disclosure, zoning and permitted uses for adjacent parcells. Report from committee on general laws.
[Unknown]
Mr. Bell.
[Unknown]
Mr. Speaker, ladies and gentlemen of the House, this bill is a clarification of the code that simply helps put property buyers on notice to check the zoning status of adjacent parcells when per forming their due diligence. I hope it be the pleasure of the body to engross this bill and pass to third reading.
Bill Howell
The gentleman from Fairfax, Mr. Simon.
Marcus Simon
Mr. Speaker, would the gentleman yield for a question?
[Unknown]
Will the gentleman yield?
Marcus Simon
I yield.
[Unknown]
Gentleman yields. Mr. Speaker, I appreciate the very brief explanation of of ths bill, but I am in the real estate business. Can you explain a little bit more about how this disclosure process works for the body?
[Unknown]
Mr. Speaker, to the gentleman, I would say that this simply adds another part of the online notification. So it's a buyer beware. It simply directs in the normal disclosure documents that the buyer would go to the online website and would check there. So they would be able to get information and find out about parcels adjacent to the one they would be purchasing.
[Unknown]
Yield for additional question?
[Unknown]
Gentleman yield?
[Unknown]
Gentleman yields.
[Unknown]
So the way this process works, the buyer gets told to go look at a website, and the website tells them that the seller isn't telling them anything about the zoning or the adjacent parcels; is that correct?
[Unknown]
Mr. Speaker, actually it doesn't do that at all. What it does is it has the buyer to go and do the research and to check out the parcels. The seller is not making any disclosures.
[Unknown]
Mr. Speaker, follow-up question? Gentleman yield?
Bill Howell
Gentleman has the floor.
[Unknown]
I yield.
[Unknown]
Gentleman yields.
[Unknown]
So a seller in Virginia might live next door to a parcel that is zoned to be a helicopter launch facility with guns and weapons used to hunt ferrill hogs, and the person buying that launch facility would have to make no disclosures under your bill to a prospective purchaser; is that right?
[Unknown]
Mr. Speaker, the seller would not be under any requirement to make those disclosures. The buyer would have to do the due diligence, but to the gentleman, I also would say that perhaps the adjacent parcel owner would be a celebrator of the long barbecue season, and I would also say to the gentleman that an extreme amount of research went into this bill and the patrons are the seniority.
Bill Howell
The gentleman from Prince William, Mr. Marshall. (laughter).
Bob Marshall
Mr. Speaker, would the gentleman yield?
[Unknown]
Will the gentleman yield?
Bob Marshall
I yield.
[Unknown]
Gentleman yields.
[Unknown]
Mr. Speaker, I 've had some experience with the gentleman. Is this the brochure the gentleman had in mind when he issued a squirrel brochure against an esteemed and highly respected member on this side of the aisle in 2009?
[Unknown]
Mr. Speaker, to the distinguished gentleman, I would just say, that was a very distinguished and attractive squirrel.
[Unknown]
I thank the gentleman.
Bill Howell
Gentleman from Loudoun, Mr. Greason.
Tag Greason
Thank you, Mr. Speaker. Since the gentleman from Fairfax has a lot of questions about this bill, can this bill go by for the day?
Bill Howell
Without objection? They object. Despite objections, we'll continue to hear the bill. Shall the bill be engrossed and passed to third reading? As many as favor that motion, say aye. Those opposed, no. Ooh, that's close. (laughter). The bill is engrossed and passed to its third reading. (applause).
Tag Greason
Moving on with the calendar. Page 24, the printed version, memorial resolutions laid on the speaker's table. The memorial resolutions to be adopted in block are listed on pages 24 through 29 of the printed version of the calendar with the exception of House joint resolution 89.
Bill Howell
The gentleman from Campbell ,
[Unknown]
Mr. Speaker. Mr. Fariss.
[Unknown]
Mr. Speaker, can Senate joint resolution 10 be pulled out of block and passed by for the day, and May I speak to that, please?
Bill Howell
Without objection, Senate joint resolution by for the day.
[Unknown]
Did you want to speak to it?
[Unknown]
Yes, sir.
[Unknown]
Mr. Speaker, you'll notice that that is celebrating the life of richard settle, a friend of all of ours, and there's a -- she's going around. I would ask everyone to please look at that. Thank you.
[Unknown]
Thank you.
[Unknown]
Does any member desire to remove any additional resolutions?
[Unknown]
Mr. Speaker.
Bill Howell
Gentlewoman from Richmond city, Ms. Mcclellan.
[Unknown]
Could syr 105 on Page 27 go by for the day? There are some folks still trying to get on as co-patrons to that one as well.
[Unknown]
Senate joint resolution 105 by for the day. All those in favor of adopting on block the memorial resolutions laid on the speaker's table as listed on pages 24 through 29 of the calendar with the exception of Senate joint resolution 105 and House joint resolution 89 and Senate joint resolution 10 will please rise. The resolutions are agreed to.
[Unknown]
Continuing with the calendar. Resolutions -- commending resolutions laid on the speaker's table. The commending resolutions to be adopted in block are listed on pages 29 through 39 of today's calendar with the exception of House joint resolution 191, 212, 213 and House resolution 91, which has been adopted.
[Unknown]
Does any member wish to remove a resolution from the block?
[Unknown]
Mr. Speaker.
Bill Howell
The gentleman from Rockbridge, Mr. Cline.
Ben Cline
Thank you, Mr. Speaker. On Page 30 of the calendar, can sjr 14 be removed from the block and go by for the day?
[Unknown]
Sjr 14 by for the day from the block. All those in favor of adopting the commending resolutions --.
Ben Cline
Mr. Speaker.
Bill Howell
I'm sorry. The gentleman from Arlington .
[Unknown]
Mr. Speaker, on Page 30, I 'd like to take sjr 18, 19, and 17 by for the day.
[Unknown]
Thank you, Mr. Speaker.
[Unknown]
Okay.
[Unknown]
Mr. Speaker.
[Unknown]
Okay.
[Unknown]
Sorry.
Bill Howell
The gentlewoman from Richmond city, Ms. Mcclellan.
[Unknown]
Could sjr 106 go by for the day?
[Unknown]
106? Senate joint resolution 106 from the block. Okay. All those in favor of adopting the commending resolutions laid on speaker's table on pages 29 through 39 of the calendar with the exceptions of resolutions 191, 212, 213, 106, 14, 17, 18, 19, and 91, will please say aye.
[Unknown]
Aye.
[Unknown]
Those opposed no. Those resolutions are agreed to.
[Unknown]
Mr. Speaker, that completes the calendar.
[Unknown]
Mr. Speaker.
[Unknown]
Mr. Yancey.
[Unknown]
Mr. Speaker, at the appropriate time, could we return to morning hour.
[Unknown]
We are in the morning hour.
[Unknown]
Thank you, Mr. Speaker. Mr. Speaker, members of the House, this week marks the 71st anniversary of the liberation of the concentration camp. Mr. Speaker, I move that when the House adjourns today, it adjourns in memory of the victims of the holocaust and the
Bill Howell
The gentleman from newport survivors. News, Mr. Yancey, moves that when the House adjourn today it oo j urn in the memory of oo oo adjourn in the memory of the victims of the holocaust. All those in favor of that motion, please rise. That motion is agreed to.
David Yancey
Gentleman from Charlottesville, Mr. Toscano.
David Toscano
Thank you, Mr. Speaker. I rise for a request.
David Yancey
Gentleman May state it.
David Toscano
Mr. Speaker, I request the journal reflect the fact that Delegate from supports Smith is away today on pressing person
Bill Howell
The journal will so reflect. Business.
[Unknown]
Does the clerk have any announcements.
[Unknown]
Announcements of a meeting scheduled for this afternoon, the weekend and Monday. This afternoon's meetings of appropriations, that meeting is cancelled. Courts of justice committee, that has been cancelled. Courts of justice civil law subcommittee meeting has been cancelled. However, courts of justice criminal law, they will be meeting, doing so one half hour after adjournment of the House in House room c. That's a change in time, so courts, criminal law sub will meet a half hour upon adjournment. Looking ahead to tomorrow, Saturday, January 30th, members attending the 26th commemorative session in Williamsburg, I would kindly ask you all to please arrive at the lodge no later than 1 o'clock p.M. Tomorrow. That will allow sufficient time to catch the bus, and everyone will be leaving the lodge at 1:30 to drive over to the colonial capital. The commemorative session will begin at 2 o'clock. The joint assembly will begin at 2:30. If you have any changes in your plans, pleat let the clerk's office or me know. Looking ahead to Monday, February 1st, transportation subcommittee no. 1 will meet at 7 a.M. In the fifth floor east conference room. Then at 8 o'clock, privileged and elections, constitutional subcommittee will meet at 8 a.M. In the fifth floor west conference room. Then the education committee will meet at 8:30 Monday in the regular locations House room d. Likewise, the committee on finance will meet at 8:30 but they'll be up in the ninth floor appropriations room. At 10 o'clock, the committee on science and technology is going to be meeting in House room c. Finally, Mr. Speaker, the democratic caucus will meet at 11:30 a.M. In House room 2. The republican caucus 11:30 in House room 1 both here in the capital. That completes the announcements I have, Mr. Speaker.
Bill Howell
Thank you. The gentleman from Colonial Heights, Mr. Cox.
Kirk Cox
Mr. Speaker, I move when I House adjourn today, it adjourn to reconvene tomorrow in the Hall of the House of burgesses in Williamsburg at 2 p.M.
Bill Howell
Gentleman from Colonial Heights, Mr Cox, whfs when the House adjourn today it adjourn to reconvene tomorrow in the Hall of the House of burgesses in at 2 p.M. As many as favor that motion, say aye. That motion is agreed to. Those opposed, no.
Kirk Cox
Gentleman from Colonial Heights, Mr Cox .
[Unknown]
Mr. Speaker, I move the House do now adjourn.
[Unknown]
Gentleman from Colonial Heights, Mr Cox, moves the House do now adjourn. As many as favor that motion, say aye. Those opposed, no. That motion is agreed to. The House stands adjourned until tomorrow in the Hall of the House of burgesses in the colonial capital of Williamsburg at 2 p.M. At 2 p.M.