02/05/2016 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 Right Reverend Susan E. Goff, Bishop Suffragan, Episcopal Diocese of Virginia, Richmond

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 Albo, Anderson

Journal for Thursday, February 4, 2016, approved by the Speaker

Senate communication received
Senate joint resolutions agreed to: SJRs 125, 131, 132, 133, 134, 135, 137, 138, 139, 141
House joint resolutions agreed to: HJRs 22, 23, 53, 89, 158, 162, 164, 165, 166, 167, 168, 170, 172, 176, 179, 180, 182, 183, 185, 186, 187, 189, 190, 192, 193, 194, 195, 196, 198, 199, 200, 201, 202, 203, 204, 207, 208, 209, 211, 214, 215, 216, 217, 218

Senate communication received
Senate bills passed: SBs 7, 70, 71, 87, 247, 610
House bill passed: HB 1220

Committee reports
From Commerce and Labor: HBs 304S
From Counties, Cities and Towns: HBs 268As, 587, 647S, 759, 919As, 945S, 1114 (referred), 1146S, 1182, 1237, 1300, 1371
From General Laws: HBs 684S, 775S (referred), 879S, 944S, 1101, 1209As
From Militia, Police and Public Safety: HBs 111S, 301S, 784S, 1096S, 1163S, 1322, 1348, 1386S, 1391S

HJR 213 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 558S - Passed Block Vote (Y-97 N-0)
HB 586S - Passed Block Vote (Y-97 N-0)
HB 782 - Passed Block Vote (Y-97 N-0)
HB 1267A - Passed Block Vote (Y-97 N-0)

HOUSE BILLS READ THIRD TIME
REGULAR CALENDAR
HB 481S - Engrossment reconsidered
HB 518 - Passed by for the day

HOUSE BILLS READ SECOND TIME
REGULAR CALENDAR
HB 175 - Passed by for the day
HB 340S - Passed by for the day

HOUSE BILLS READ FIRST TIME
UNCONTESTED CALENDAR
HB 10
HB 64
HB 70
HB 117
HB 170
HB 176
HB 189
HB 267
HB 289
HB 326
HB 355
HB 373
HB 404
HB 412
HB 428
HB 442
HB 446
HB 541
HB 572
HB 582
HB 600
HB 608
HB 624
HB 653
HB 667
HB 668
HB 669
HB 671
HB 748
HB 834
HB 846
HB 854
HB 869
HB 875
HB 897
HB 932
HB 938
HB 940
HB 1020
HB 1056
HB 1060
HB 1126
HB 1196
HB 1232
HB 1275
HB 1334

HOUSE BILLS READ FIRST TIME
REGULAR CALENDAR
HB 19
HB 193
HB 350
HB 417
HB 441
HB 560
HB 689
HB 815
HB 939
HB 1294

SENATE BILLS READ FIRST TIME AND REFERRED
SB 21
SB 90
SB 111
SB 117
SB 127
SB 133
SB 162
SB 181
SB 201
SB 233
SB 245
SB 249
SB 253
SB 265
SB 278
SB 283
SB 285
SB 287
SB 292
SB 323
SB 338
SB 342
SB 344
SB 346
SB 367
SB 368
SB 385
SB 413
SB 437
SB 446
SB 455
SB 465
SB 515
SB 551
SB 555
SB 556
SB 557
SB 592
SB 595
SB 609
SB 612
SB 621
SB 658
SB 664
SB 665
SB 666
SB 683
SB 712
SB 732

SENATE JOINT RESOLUTIONS REFERRED
SJR 70

Transcript

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

[Unknown]
Please stand by, this event will begin shortly.
Bill Howell
Please stand by, this event will begin shortly. The House will come to order. Members, please take your seats. Sergeant at arms?
Bill Howell
The House is now in sessions, all persons not entitled privileges of the floor please retire to the gallery.
Bill Howell
Members will rise and be in prayer and remain standing for the pledge to the flag.
[Unknown]
Let us pray. O God, you know the love in our hearts because you plant it there, deeply within every one of us. You also know how we have subverted love in allowing ourselves to become polarized as is so evident now in the national election cycle. Be with this House of delegates and all who are a part in any way of the work of the general assembly. Give them your courage to resist every temptation to divide along lines of race or gender or political party. Give them a fierce commitment always to fulfill your vows and work for the benefit of your people. And give them your grace and Peace in times of stress and strife so your will May be accomplished through them. We pray it all for the sake of your invincible love, amend.
[Unknown]
I pledge allegiance to the flag I pledge allegiance to the flag of the united states of america, and to the republic for which it stand, one nation, undergod, for liberty and justice for all.
Bill Howell
The members will answer the roll call by indicating their presence on the electronic voting board. The clerk will close the roll.
[Unknown]
Mr. Speaker, a quorum is prettent. Present.
[Unknown]
I have approved the agenda. Are there any announcements?
[Unknown]
Not at this moment.
[Unknown]
Gentlemen from Henrico .
[Unknown]
I rise for a brief point of personal privilege.
Bill Howell
Gentleman has the floor.
[Unknown]
Yesterday, after I talked about the numbers, how economic growth had been on a ten-year below sub 3% and that's the first time that has happened since the great depression, my good friend, the lawyer from Charlottesville got up and was touting --
[Unknown]
Will the gentleman suspend for a moment?
[Unknown]
Yes.
Bill Howell
The House will come to order. You May continue.
[Unknown]
My good friend from Charlottesville got up and was touting the unemployment numbers and I just had a few comments on that this afternoon -- still this morning, Mr. Speaker. The unemployment rate came out for January this morning and if you look at them they were pretty sloppy numbers, well below what was expected, but what I really wanted to point out was the gentleman was using what was commonly referred to as the u-3 rate of unemployment. It is a commonly used number, but it is not a good number, and the reason it's not a good number is because it only includes people in the labor force of those people who are actively looking for work. So, if the economy has been so lousy which it has been, my numbers said that yesterday and you are not out actively looking for work it doesn't count you in the u-3. Also if the economy is so lousy you can't find a full-time job, you have to work part-time, it counts you as full-time employed. So the u-3 number is not a good number. A much better number is what we call u-6. And u-6 include those people that would like to find a full-time job but have given up looking but it also include those people who are only working part-time. The u-6 number is twice the u-3 number, the u-6 number as of January 2016 according to the bureau of labor statistics was 10.5%. That's one out of every 10 americans who would like to work, can't find a job or can't find a full-time job. And, Mr. Speaker, also a number that people don't talk about is our labor force participation rate, and that is reflected in those people who would like to be finding a job but can't but say the heck with it, our labor force participation rate is at a 40-year low. So, if anybody thinks this economy out there is doing well, I would refer them to my speech of yesterday in the video. Thank you, Mr. Speaker. [applause]
[Unknown]
Mr. Speaker, I rise for a motion.
[Unknown]
Gentlemen has the floor.
[Unknown]
I move on Page 13 of the calendar would go bye for the day.
Bill Howell
Without objection House bill 340 will go bye for the day. The gentleman from culpepper.
[Unknown]
Thank you, Mr. Speaker, I rise for a request and introduction.
Bill Howell
Gentleman has the floor.
[Unknown]
I request that hja 213 on Page 21st of the calendar be called up out of order.
[Unknown]
The clerk will report a resolution.
[Unknown]
House joint resolution.
[Unknown]
I move adoption of the resolution.
[Unknown]
Question on adoption of the resolution, those in favor will say aye, those against. Speaker has the floor.
[Unknown]
It's my honor to introduce someone who is known in the chamber. Martha is the founder of the small family farm foundation. Her dedication has earned her recognition from country woman magazine which has named her one of 45 most amazing people in america. Property rights grass leader and she's even a movie star now with her documentary having been given the people's choice award. Those of us who have the privilege of calling martha our friend know her as a happy warrior. In ever expanding government rules and regulations it's easy for a person to be overwhelmed and intimidated by the bodies and organizations that are supposed to protect their liberties and property. Many come to the conclusion the odds are too great and give up hope. Martha fights for those citizens with determination and grace and in the finest traditions of what it means to be a Virginia patriot and because of this, her family, community and the commonwealth will be the better for it. I would hope it would be body's choice to give her a warm welcome. [applause]
Bill Howell
The gentleman from richland city.
[Unknown]
Thank you, Mr. Speaker, rise for an introduction.
[Unknown]
Gentlemen woman has the floor.
[Unknown]
Thank you, Mr. Speaker. Mr. Speaker, the right Reverend who offered our morning prayer was consecrated in the episcopal die sis in 2012. She oversees mission churches in addition to staff. She oversees the operation of various ministries including the odderination process. Discipline, canons and the process for clergy and congregation. During her years in Virginia she has served on the bishop staff as rector of st. Stevens, chaplain of st. Catherine's school in richland and st. Margaret's school. She earned her master's degree of divinity from union theological seminary in new York city. While a seminary she directed the camp for two summers and spent years in wyoming. She lives in Richmond with her husband who serves as a ministry specialist who has served many congregations. She is in the back, I 'd ask her to stand and I hope my colleagues in the chamber will offer a warm welcome to bishop goff. [applause]
Bill Howell
The gentleman from Suffolk .
[Unknown]
I rise for two requests.
[Unknown]
The Senator has the floor.
[Unknown]
My first request reflect my seatmate is away on pressing personal business.
Bill Howell
The journal will so reflect.
[Unknown]
My second request is mindful some members are absent and want to be recorded on House bill 518, I would ask it go bye for the day.
Bill Howell
Without objection House bill 518 will go bye for the day. The gentleman from Suffolk, Mr. Moore ris.
[Unknown]
I rise for point of personal preference. What is transparency? It's our citizens oversight of our government, that the government of the people ought to be accountable to the people. Transparency generates accountability. It reduced bribery, corruption and malfeasance. Government has a tendency to lapse into secrecy into how it conducts its business and there's always the temptation of the individual to use the government for their own personal gain. And one method of the citizen of Virginia to have the transparency is the Virginia freedom of information act which allows our citizens to acquire documents and record of how our government at every level conducts its business. And the key word of the Virginia freedom of information act is "freedom" because that is what it is reserving. Foia allows a check and balance and it allows for an independent and inquiring press, a stronger guarantee of that transparency. And I ask are we here as legislators, are we here to preserve the power of the government or are we here to preserve the liberties and freedoms of the people we serve. I urge the body as we consider several bills for government transparency and accountability, let us vote for the people and increase the people's accountability of the government. So we May have a government of the people. Thank you, Mr. Speaker.
[Unknown]
Mr. Speaker, I rise for a motion. On Page 3 I move having voted on the prevailing side by which House bill 481 was engrossed and passed to third reading, that we reconsider the vote.
[Unknown]
The gentleman has moved having --
[Unknown]
Mr. Speaker, parlimentary inquiry.
Bill Howell
The gentleman has the floor.
[Unknown]
My understanding was there was no motion, it was a motion to go bye for the day. Is that what he is considering to go buye for the day?
[Unknown]
I don't object this bill going to second reading for purposes of a substitute.
[Unknown]
That is my motion, that's my purpose.
[Unknown]
.
[Unknown]
It is on third reading, we did take a vote and pass it and he has asked us to reconsider that vote to take it back to a second reading.
[Unknown]
Mr. Speaker. Point of order.
Bill Howell
Gentleman has the floor.
[Unknown]
Would I be correct the motion to engross and pass to third reading was on Wednesday. The motion he was talking about was his motion to refer on Thursday where there was a superior motion to take bye but we have to undo Wednesday 's vote which is what Delegate marshal is moving, right?
[Unknown]
Yes, that's what I said. [laughter].
[Unknown]
The gentleman has moved having voted on the prevailing side we reconsider that vote. All in favor say aye. Those opposed no. That motion is agreed to.
[Unknown]
Mr. Speaker, rise for a request.
[Unknown]
Gentlemen plan has the floor.
[Unknown]
Request the journal reflect Delegate Anderson is away on pressing personal business.
[Unknown]
Journal will reflect.
[Unknown]
Mr. Speaker, I rise for a point of personal privilege.
[Unknown]
Gentle woman has the floor.
[Unknown]
The wilder school did a poll gauging Virginia 's thinking. There is a strong thinking on public safety. It important to share with you a few of the statistics from the poll as it references overwhelming public support for the compromise agreement that was reached on gun issues. Almost 90% of virginians support laws to keep convicted domestic abusers from purchasing firearms in Virginia. This belief is prevalent throughout the commonwealth regardless of ideology, race or gender. Almost two third of virginians believe that people subject to restraining orders shouldn't be able to purchase firearms. The support is widespread, the majority of survey respondents of both parties agree with this reasonable reform. The same is true in every demographic group, individually analyzed in this report. Further, the poll found that a majority of our constituents support juvenile justice reform, reducing the use of adult-like incarceration facilities and treating nonviolent juvenile offenders in community based programs. I commend my colleagues of this prestigious body for working together to support the common ground opinions of our commonwealth citizens and working to make Virginia safer. Thank you, Mr. Speaker.
[Unknown]
Mr. Speaker, I rise for a short point of personal privilege and an announcement.
Bill Howell
Gentleman has the floor.
[Unknown]
Thank you, ladies and gentlemen, after much tell raytion the circuit court ruled to leave a million from the foreclosure of at linenburg in escrow. $850,000 which was probably headed to llc, I would like to thank those who worked on this that affected people in my district and tax payers from all over the state. The governor's opportunity fund, it's a great program for the jobs in this state and I commend his staff for trying to right this wrong. I look forward to working with the governor's administration to help the people in my district and all over the state in the future. [applause]
[Unknown]
I rise for a point of personal privilege.
[Unknown]
You have the floor.
[Unknown]
Good morning to my colleagues and members of the assembly. I stand before you today this fifth day of Black history month to commemorate and praise a Black visionary, leader and maverick that has significantly impacted the world in which we live. One particular individual I want to give tribute to is the economic prosperity that was done by madam c. J. Walker during a period where women were thought to be devoid of any business, madam walker crossed barriers and shined a light on women as entrepreneur, she transformed stereotypes of the females of the society by taking a hair loss and turning it into a million dollar industry. She paved her way for others to provide business based organizations contributing to the economic development to a minority society. She was born on December 23rd in 1867, near delta, louisiana. After sifterring from a scalp problem that caused her hair loss she developed products, she promoted her products by giving lectures and establishing madam walker laboratories. Her business leadership led her to be one of the first american women to be a self-made millionaire. She was known for her endeavors including donating the largest amount of money by an african-american to the construction of any ymca in 1913. Madam c. J. Walker actually, after she was born and her parents passed, at the age of 14, she moved and tried to escape her oppressive working environment and the frequent mistreatment she endured at the hand of a brother-in-law. So she married this man by the name of moses mcwilliams. During 1819 she developed a scalp disorder that caused her to lose much of her hair. She began to experiment with home remedies and store bought treatment in an attempt to help her condition. She opened a factory and a beauty school in pittsburgh and by 1910 when she transferred her operation to indianapolis, the company had become widely successful with profits that were the modern day equivalent of several million dollars. In indianapolis the company was not only manufacturing cosmetics but trained sales beauticians, these agent became well-known throughout the Black communities of the united states, in terms they promoted her philosophy of cleanliness and loving to improve the status of african-americans. She organized clubs and conventions for her representatives which recognized not only successful sales but also, again, fellow throppic and educational efforts among african-americans. In 1916 upon returning from her travels in latin america and the caribbean, she moved to her new town House in harlem. She would leave the day-to-day operation of her factory in indianapolis to the forelady. She immersed herself in harlem's political and social culture. She founded education and donations for homes to the elderly, nsscp among other organizations focused on improving the lives of african-americans. She also donated once again the largest amount of money by an african-american toward the construction of indianapolis ymca in 1913. Walker died on May 25th of 1919 of hypertension. But even in her death she is still making a difference. In 1927 the walker building and art center that she had began work before her death was opened in indianapolis, an important cultural center for decades it's now a national historic landmark. The postal service issued a stamp of walker as part of its Black heritage series. I'm indebted to someone such as madam c. J. Walker, a Black woman who made a difference, a Black woman who was an inventor, creator, entrepreneur, activist, someone who had care and self-love and setting the stage for women such as myself to impact generations yet to come, one moment in time, madam c. J. Walker, a great accomplishment and making contributions to the african-american community. Thank you. [applause]
Bill Howell
Gentleman from Salem .
[Unknown]
I rise for a request.
Bill Howell
Gentleman has the floor.
[Unknown]
I would like the journal to reflect my seat mate is away on personal business.
[Unknown]
I rise for a motion.
Bill Howell
Gentleman has the floor.
[Unknown]
I move 175 on Page 15 on the docket go bye for the day.
Bill Howell
Without objection, House bill 175 will go bye for the day.
[Unknown]
Thank you, Mr. Speaker.
[Unknown]
Are there other motions or resolutions. If not, the clerk will call the calendar.
[Unknown]
Calendar for the Virginia House of delegates for today, Friday, February 5th, 2016. House bills on third reading uncontested calendar. Uncontested calendar, third reading. Page 1, it contains the following, House bill 558. 586. 782. And House bill 1267.
[Unknown]
Shall the bills pass? [voting].
[Unknown]
The clerk will close the role.
[Unknown]
Ayes 97, nos zero.
[Unknown]
The bills are passed.
[Unknown]
Continuing with the calendar, House bills on third reading regular calendar. Third reading House bill 481 has been moved back to second reading regular, will be taken up shortly. House bill 518 has been taken bye for the day. Continuing with the calendar Page 4 of the printed version, House bills on second reading uncontested calendar, the 25 bills in this uncontested second reading are as follows, House bill 157, a bill to amend and reenact section of Virginia regarding.
[Unknown]
I move the adoption of the committee substitute.
[Unknown]
Question is on the adoption of the committee substitute. All in favor say aye, opposed no.
[Unknown]
We took a measure that was initially addressed to just one chapter within the department of department of agriculture powers and expands it now to all of the commissioner powers when guidance documents are issued within the agency, this largely codifies existing practice within the department with the primary exception that will require after the guidance documents have been approved, that they should be posted on the department's website. I hope it will be the pleasure of the body to engross the bill and pass it to its third reading.
[Unknown]
House bill 185, a bill to amend and reenact the code of Virginia relating to the economic department partnership, import from international laws. With amendments.
[Unknown]
Mr. Speaker, I move the amendments.
[Unknown]
Question is on committee amendment. Those in favor say aye. Opposed, no.
[Unknown]
Mr. Speak erk, members of the House, House bill 185 encourages importing as part of the global out reach to encourage economic out reach with our international parties. I move the bill engross the bill and pass it to its third reading.
[Unknown]
House bill 200, a bill directing the department of conversation and recreation to develop a plan establishing a fee structure at state parks.
Bill Howell
The gentleman from Danville .
[Unknown]
Mr. Speaker, I move the amendment.
[Unknown]
Question on committee amendment. Those in favor say aye, opposed no.
[Unknown]
Mr. Speaker, if you look online 11 this will develop a plan of fee structures in state parks considering seasonal usage, local and regional markets, travel trends and geographic locations, time of year and other factors considered by the department. An example my part of the state the nascar site, the site next to it charge the same rate this weekend as for a race weekend, you can't get the same rate. This will charge market rate. I move the bill be engrossed and move to the second reading.
[Unknown]
A bill to reenact code of Virginia giving student with.
Bill Howell
The gentleman from Prince William .
[Unknown]
I move the committee sub city institution.
[Unknown]
Question is on the committee substitute. Those in favor will say aye. It's agreed to.
[Unknown]
House bill 241 direct the board of education to consider assessments aligned with the standard of learning that are structured and formatted in a way that measures the content of language and should be administered by the board of education. I move we engross the bill and move it to a third reading.
[Unknown]
House bill 262, a bill to amend and reenact section of the code relating to manufacture and sale of products made from wildlife parts.
[Unknown]
I move the committee substitute.
[Unknown]
Question is on the committee substitute. Those in favor say aye. Opposed no. Substitute is agreed to.
[Unknown]
House bill 262 authorized the desgif to adopt regulations to allow licensed hunters and trappers to manufacture products played from wildlife that that person has legally harvested except when it is detrimental to public health or sound wildlife management. I move we engross the bill and move it to a third reading.
[Unknown]
Turning to Page 6 of the printed calendar, House bill 317, a bill to amend and reenact a section of the code related to incentives to completion of hunter education course, with amendments.
Bill Howell
The gentleman from Prince William .
[Unknown]
I move the committee amendments.
[Unknown]
Those in favor of the motion say aye. Those opposed no. The amendment is agreed to.
[Unknown]
Mr. Speaker, the bill allows incentives for completing the hunter safety course for those who have not been required to successfully complete such course in order to hunt wildlife. I move the bill be engrossed and moved to third reading.
[Unknown]
House bill 405, a bill to amend and reenact section of the code relating to professional and occupational licenses, temporary licenses for spouses of military service members with amendment.
[Unknown]
Thank you, Mr. Speaker, I move the amendment.
[Unknown]
Questions on adoption of the committee amendment. Those in favor say aye, those against no.
[Unknown]
Thank you, Mr. Speaker. Members of the House, House bill 405 extend from 6 months to 12 months the temporary license, certificate or permit issued by any regulatory board to applicant who are spouses of military service members. I move the House engross the bill and move it to the third reading.
[Unknown]
Turning to Page 7, House bill 462, a bill to amend and reenact several sections of the code of Virginia related to the administrative action act, content for case proceeding.
[Unknown]
Thank you, Mr. Speaker, ladies and gentlemen of the House, House bill 462 requires that any state agency who is requesting information from a constituent through either an informal conference or formal proceeding include in that notification the point person that's been designated by the agency to answer questions listing phone number and e-mail so the constituent is able to get the information back and able to communicate more effectively. Hope it will be the pleasure to engross the bill and pass to third reading.
[Unknown]
A bill to require the standard of learning innovation committee to make recommendations on standardized testing. Freptd the committee on education.
[Unknown]
Thank you, Mr. Speaker, I move adopt betion of the committee amendments.
[Unknown]
Those in favor of the amendment will say aye. Opposed no. The gentleman plan from Fairfax .
[Unknown]
Thank you, Mr. Speak earn, ladies and gentlemen of the House, as the clerk has stated this bill would require the sol committee to give us their recommendations in time for the 2017 session related to the number and composition of sol test administered at the high school level. Members May recall two years ago tests 3 through 8, this would give us the information necessary for testing 9 through 12. I would hope it would be the pleasure to engross it and pass it on.
[Unknown]
House bill 535, relating to limp it liability on bee keepers. With a substitute.
[Unknown]
Mr. Bell.
[Unknown]
Thank you, Mr. Speaker, I move the committee substitute.
[Unknown]
Those who favor the motion will say aye. No.
[Unknown]
Mr. Speaker, ladies and gentlemen of the House, House bill 535 was drawn to provide limited liability for bee keepers, it was not intended to create a buzz, however -- [boos] however in its original form it did and the substitute bill, we have worked with all the stakeholders and we have come up with a bill that I think satisfies every one, basically the substitute bill added a provision that allows for local zoning to be protected which was a concern of some of the agricultural groups, we've added a term negligent to the list and the original bill came back with a significant fiscal impact statement. Stay with me. We found it cost significantly, so we realized the list was not needed and in order to take the sting out of that -- [groans] we removed it, so we ended up with a honey of a bill. I've got more, I 've got more. In order whether this bill will be or not to be, I would move to engross the bill and pass it to its third reading.
[Unknown]
Your bill says they have no liability but you have carved out intentional tort, gross negligence and negligence. What is left?
[Unknown]
Mr. Speaker, I 'm not -- I 'm afraid I don't see that in the substitute bill.
[Unknown]
Could we take it bye for a moment.
Bill Howell
Without objection, bye temporarily. You are on such a roll too. H.B. 644. A bill to amend and reenact of the code of Virginia, relating to the administrative process act; judicial review of certain regulations.
[Unknown]
Laws bill 644 provides that if someone challenges a regulation of a department they must do so by a preponderance of the evidence and if the court finds that it is, was adopted unlawfully that the court shall declare the regulation null and void and remand it to the circuit court. I hope it's the pleasure of the court to pass it to the third reading.
[Unknown]
Continuing with the second reading uncontested. House bill 756, a bill to amend and reenact several codes. Relating to enhanced public safety telephone services; e-911 services board renamed the 9-1-1 services board. Reported from committee on commerce and labor with substitute.
[Unknown]
I move the substitute.
[Unknown]
Those in favor say aye, those against no. The gentleman plan from Prince William .
[Unknown]
This designates the 911 service board describes the scope as we go to an e-911 system. It requires the 911 serviced board to develop and adopt public standard for emergency services, I. P. Networks, next generation 911 and so forth. I move the built be engrossed and moved to the third reading.
[Unknown]
H.B. 818. A bill to amend and reenact the code of Virginia and to amend the code of Virginia by adding a section numbered 2.2-3704.2, relating to the Virginia freedom of information act; designation of foia officer; posting of foia rights and responsibilities. Reported from committee on general laws with amendment
[Unknown]
Bluff adoption of the criment amendments.
[Unknown]
Question is on committee amendments. Those in favor say aye, those against no.
[Unknown]
Thank you, Mr. Speaker. Ladies and gentlemen, House bill 818 requires all local public bodies designate and publicly identify more than one foia officer whose responsibility it would be to be a point of contact for the public when making foia requests. It does not require any new hiring but would address concerns that came before the foia council relating to unevenness for foia requests. Some agencies did well, others not so well in understanding the rights of the citizens. I hope it be the enjoyment to pass it on. H.B. 820. A bill to amend and reenact of the code of Virginia and to repeal the second enactment of chapter 257 of the acts of assembly of 2013 relating to electronic delivery of information relating to insurance policies. Reported from committee on commerce and labor with substitute.
[Unknown]
I move the committee substitute.
Bill Howell
The question is on adoption of the committee substitute. Those in favor say aye, those against no.
[Unknown]
Thank you, Mr. Speaker. House bill 820 to allows electronic delivery of information by e-mail and mail.
[Unknown]
H.B. 821. A bill to amend and reenact the code of Virginia, relating to the fraud and abuse whistle blower protection act; applicability to local governmental entities. Reported from committee on general laws.
[Unknown]
This ex-panel the whistle blower protection act to include local government and school boards. Presently it only applies to state agencies, this would include teachers to have the state protection state employees have. I want to point out that the state inspector general that follows upon federal level doesn't have jurisdiction on the local level. I hope it would be the pleasure of the body to engross the bill and pass it on the third reading.
[Unknown]
H.B. 851. A bill to amend and reenact the code of Virginia and to repeal the second enactment of chapter 257 of the acts of assembly of 2013, relating to electronic delivery of information relating to insurance policies. Reported from committee on commerce and labor wit substitute.
[Unknown]
Mr. Hugo.
[Unknown]
I move the committee substitute.
[Unknown]
Those who favor the motion say aye. Those against no.
[Unknown]
Mr. Speaker, House bill 851 three years ago, we allowed consumers to opt in and communicate electronically with their insurance agent. This was passed in 2013. At the time there was installed a sunset clause to see if it worked, if there was any difficulties. This removes the sun set clause. I hope it will be the will of the body to engross it and pass it to the third reading.
[Unknown]
H.B. 870. A bill to amend and reenact a section of the code of Virginia, relating to unfair
[Unknown]
H.B. 870. A bill to amend and appraisal of automobile repair costs. Reported from committee on commerce and labor with substitute.
[Unknown]
House bill 870 requires an appraiser to personal inspect a vehicle, 47 states don't allow, this bill would simply allow this to happen, to clarify also, supplemental damage claim is something you might find afterwards or you can go ahead and file those after the repair process begins and would not be affected by this language. I hope it would be the will of the body to engross the bill and pass it to its third reading.
[Unknown]
H.B. 954. A bill to amend and reenact a section of the code of Virginia relating to local school divisions; "return to learn protocol" for students who have suffered concussions or other Head injuries. There are no amendments.
[Unknown]
Thank you, ladies and gentlemen, this bill resolves from commission of the youth I serve which is chaired by my seat mate and the commission did a number of studies last year on concussion and this body has done a lot of work in this feel. This would fill two gaps we found in the law, one is we developed a lot abowed guidelines on learned -- this bill would move the deadline. The second part is to expand so not just student athletes can be covered by the great information they need. I hope it will be the pleasure of the House to engross the bill and pass it onto its third read willing.
[Unknown]
H.B. 968. A bill to amend and reenact a section of the code of Virginia, relating to licensed mortgage lenders and brokers; posting license. Reported from committee on commerce and labor with amendments.
[Unknown]
I move the amendment.
[Unknown]
Throws in favor will say aye. Opposed no. The amendments are agreed to. The gentleman plan from Virginia beach.
[Unknown]
Thank you, Mr. Speaker, this bill allows a mortgage lender and licensees not to post licenses where they conduct business but not in person with any clients, however they still have to have license in their possession to produce if requested to do so. Think if you are an out of state mortgage broker doing Virginia mortgages but do them online, don't have the client come to your House, this is clean up based on new technology, Mr. Speaker and I hope it's the pleasure of the body to engross the bill and move to third reading.
[Unknown]
Turning to Page 12. H.B. 1013. A bill to amend and reenact a section of the code of Virginia, relating to threat assessment teams; local school boards. Reported from committee on general laws with amendmen
[Unknown]
Move the committee amendment.
Bill Howell
Question is on the amendment, those in favor say aye. Opposed no. The amendment is agreed to. The gentleman from Henrico .
[Unknown]
Thank you, Mr. Speaker. In 2013 the general assembly modeling what we were doing in higher education mandated assessment teams for k-12 public schools. We got the first step right, we didn't give them the foia exemption we gave the higher ed and we didn't tell the assessment team to keep the information to themselves. House bill 1013 correct the two oversights. I hope it will be the pleasure of the body to engross the bill and pass it onto its third read willing.
[Unknown]
H.B. 1094. A bill to amend reenact a section of the code of Virginia ; to amend the code of Virginia by adding Virginia, relating to commodity boards.
[Unknown]
Virginia farm bureau and the comment odd did organizations met last year to review the commodity check off sections and give a list for each check off. This is a comprehensive bill that encompasses so they better reflect current practices. Examples of changes include reducing the size of the apple board from 9 to 6 members including Campbell county to the list of commercial apple producing districts and reducing the size of the peanut board from 9 to 8 members and removing employees. The bill repeals certain board specific provisions relating to appointments and creates in their place general provisions applicable to a number of board which provide for four year appointments that a majority constitutes a quorum. New language has been developed that covers these issues unless otherwise requested by the specified amendment and the amendment we adopted basically says if a board will reduce in number the board member stays on until their term is done. I move the body engross the bill and pass it onto the third reading.
[Unknown]
H.B. 1142. A bill to amend and reenact a section of the code of Virginia, relating to hunting with a slingshot. Reported from committee on agriculture, Chesapeake and natural resources.
[Unknown]
Mr. Speaker, I hope the Delegate from Bedford knows I love her, I carried this bill for her -- Mr. Speaker, this bill would allow hunters to harvest small game with a sling shot, not the ones the "little rascals" had but more sophisticated pieces of equipment and I hope it will be the pleasure of the body to engross the bill and move it to its third reading.
Bill Howell
The gentleman from Charlottesville .
[Unknown]
Will the gentleman yield for one question?
[Unknown]
Will you yield?
[Unknown]
I yield.
[Unknown]
I ask if we pass this fine bill and couple it with the fine bill passed from the gentleman plan from Virginia beach, hence forth will we be able to hunt feril hogs from level couldn'ters?
[Unknown]
If he so pleases.
[Unknown]
Mr. Speaker?
[Unknown]
Thank you, Mr. Speaker. Would the gentleman yield for a question?
[Unknown]
Will the gentleman yield?
[Unknown]
I live two hours from here, I hope he understands it's Friday .
Bill Howell
Mr. Speaker, I put high probative weight on the thoughts and opinions of my learned friend the gentleman from Campbell county and, therefore, with that being said I would ask the gentleman why he thinks we need to have a ban in our commonwealth on turkey hunting by sling shot.
[Unknown]
I would tell the gentleman the department of game and inland fisheries advised us they did not think that was a proper method of harvesting that game and did not want to go down that slippery slope at this time.
[Unknown]
I appreciate the gentleman plan's comment.
[Unknown]
Mr. Speaker, speaking real briefly to the bill.
[Unknown]
Gentle woman has the floor.
[Unknown]
I want to thank the gentleman plan for bringing this fine bill forward. This is precision hunting and it was brought to me by a very knowledgeable con state you ept in my -- constituent in my district so I knew the Delegate would be more equipped to talk about hunting with the sling shot than I would. I hope it would be the pleasure to pass the bill to the next reading.
[Unknown]
I'm not sure what that was supposed to be. [laughter].
[Unknown]
The clerk will continue.
[Unknown]
H.B. 1211. A bill to amend and reenact a section of the code of Virginia, relating to animal control officers; training. Reported from committee on agriculture, Chesapeake and natural resources with amendment
[Unknown]
Move adoption of the amendments.
[Unknown]
Question is on committee amendments. Those in favor say aye, those against no.
[Unknown]
Mr. Speaker, members, House bill 1211 requires animal control on serves to get their training in one year instead of two years unless they are in a training academy or facility. Hope it's the pleasure to engross the bill and pass the bill to the third reading.
[Unknown]
H.B. 1270. A bill to amend the code of Virginia relating establishment of a companion animal care advisory committee. Reported from committee on agriculture, Chesapeake and natural resources with amendment
[Unknown]
Those in favor say aye, against no.
[Unknown]
This will establish an advisory committee on companion animal issues, because it's advisory committee they will receive no compensation, administrative cost will be absorbed in the commission. It makes the establishment before the end of the year giving the new state veterinarian who will take office July 1 six months to get the committee up and going. I hope it will be the pleasure I hope it will be the pleasure of the body to engross the bill and pass it to its third reading.
[Unknown]
H.B. 1341. A bill to amend and reenact a section of the code of Virginia, relating to the veterans services foundation. Reported from committee on general laws with amendments
[Unknown]
Thank you, Mr. Speaker, I move the committee amendments.
[Unknown]
Question is on committee amendment. Those who favor will say aye. Those against no. The amendments are agreed to.
[Unknown]
House bill 1341 was written in construction with veterans foundation to clear up language with respect who could be a member of the foundation. We have added additional language that would specify that the foundation should endeavor to ensure representation across all the branches of the service to include army, navy, marine corps and army air core and that it would also have representation across the officer enlisted ranks as many ncos in the body says a commission of officers would probably accomplish nothing. I hope it would be the pleasure of the body to engross and move to third reading.
[Unknown]
Would the gentleman yield for a question?
[Unknown]
Would you yield?
[Unknown]
I would yield.
[Unknown]
He yields.
[Unknown]
I would ask in amending the me were ship of this fine organization if the gentleman is seeking to clarify the membership but I 'm reading online 16 where it says the membership of foundation shall now be composed of the board of trust ease, don'sors, staff, volunteers and other interested parties and I 'm just wondering if my aunt betty who is very interested in the activity of the vet vance services foundation but has no other qualifications, would she be able to come in and participate in the decision making of this fine foundation?
[Unknown]
First I 'd love to meet aunt betty, but the answer is no.
[Unknown]
Mr. Speaker, I 'd ask the gentleman why not?
[Unknown]
Would the gentleman yield for another question?
[Unknown]
Would the gentleman plan yield?
[Unknown]
I would yield.
[Unknown]
The gentleman yields.
[Unknown]
I would ask what limit are put on interested parties.
[Unknown]
If you will direct your attention to line 14 it will be administered by the board of trustees. It sets out additional guidance what set of qualifications they are looking for. If the board of trustees were willing to allow aunt bet toy serve there would be allowances but we are looking for someone with veteran experience.
[Unknown]
Would the gentleman yield for atblotter question?
[Unknown]
Will the gentleman yield?
[Unknown]
I will yield.
[Unknown]
I am looking where we are eliminating the requirement of the person handling the funds of the foundation to give a secured bond conditioned upon the faithful discharge of his duties and instead of putting all that responsibility on the director of finance. Does the gentleman plan have any concern by removing this bonding requirement we are placing these funds for this fine organization in jeopardy?
[Unknown]
Mr. Speaker, not on a Friday. No.
[Unknown]
Mr. Speaker, I thank the gentleman plan.
[Unknown]
Mr. Speaker?
[Unknown]
The gentleman plan from arbemarle.
[Unknown]
As the gentleman knows I 'm the son of a career officer, if you put all the people on the board, who will bail them out Sunday from jail?
[Unknown]
All the enlisted members would be at church on Sunday morning, so that would be a different morning I 'm sure he's referring to.
[Unknown]
Mr. Speaker?
Bill Howell
The gentleman from Prince William ?
[Unknown]
Mr. Speaker, would the gentleman yield for a question?
[Unknown]
I would yield.
[Unknown]
I would ask the gentleman, Mr. Speaker, did he do a good vote count before he insulted several in the membership?
[Unknown]
Mr. Speaker? I did conduct a good vote count and as every nco understand one nco is worth three officer votes so we should be fine.
[Unknown]
Speaking to the bill, I would like to announce I used to support this bill.
Bill Howell
The gentleman from fawquier.
[Unknown]
I move after the bill is engrossed it be moved to the regular calendar.
Bill Howell
Without objection House bill 1341 moved to the regular calendar after engrossment.
[Unknown]
Just one bill went bye temporarily, Page 8, House bill 535. H.B. 535. A bill to amend the code of Virginia relating to limited liability for beekeepers.
[Unknown]
I will see if we can satisfy the gentleman's concern. They seem to be around the question of limited liability, when we drew up the substitute we worked with several groups including the trial lawyers. They advised us that this is a strict liability by nature of these being bees and doing what bees do which is to sting people and acting on their advice and the agreement of all the stakeholders and all the parties involved, that's what we went within this substitute bill which bassed unanimously out of committee. So, Mr. Speaker, I would move to engross the bill and pass it to its third reading.
[Unknown]
Slal the bills be engrossed and passed to the third reading, say aye.
[Unknown]
Mr. Speaker?
[Unknown]
I had the bill number and I lost it now.
[Unknown]
We have plenty of time.
[Unknown]
820? We're still on this one? Sorry. Yes, thank you. Never mine. I'll be back up in a second.
[Unknown]
Moving back a little bit. Got you.
[Unknown]
Mr. Speaker -- are we on engrossment of all the bills or still on 535.
[Unknown]
This is all of them.
[Unknown]
All on the uncontested calendar.
[Unknown]
Then I would like to make a request that House bill -- sorry, I thought we had it. House bill 821 go to the regular calendar after engrossment.
Bill Howell
Without objection House bill 821 to the regular calendar after engrossment. Shall the bills be engrossed and passed to the third reading. All in favor say aye. No. The bills are engrossed and passed to the third reading.
[Unknown]
Continuing with today's calendar. House bills on second reading regular calendar. House bills second reading, seeing rar calendar. First up is House bill 481 h.B. 481. A bill to amend and reenact a section of the code of Virginia, relating to compliance with detainers; u.S. Immigration and customs enforcement. Reported from committee on militia, police and public safety with substitute. There is a pending motion to rerefer the bill.
[Unknown]
Mr. Speaker, I rise to withdraw a motion made yesterday, yesterday you might remember I made a motion to move this bill, refer this bill to courts and since there is about ready to be introduced a floor substitute, I would ask that my motion be withdrawn.
Bill Howell
Without objection, your motion is withdrawn. Gentleman from Prince William ?
[Unknown]
Mr. Speaker, having voted on the prevailing side by which the committee substitute was adopted I wish to reconsider a motion to be considered.
[Unknown]
The gentleman having voted on the prevailing side by which the committee substitute was adopted be reconsider. All in favor say aye. Opposed no.
[Unknown]
I move the committee substitute be rejected.
[Unknown]
The motion is on adoption of the committee substitute. As many favor it say aye. No. The committee substitute is rejected.
[Unknown]
I yield to the gentlemen plan from Salem .
[Unknown]
That's awful nice of you.
[Unknown]
I rise for a motion. I move we adopt the floor substitute and I will speak to that motion.
[Unknown]
Gentlemen plan has the floor.
[Unknown]
House floor 481 Delegate marshal brought dealing with individuals under ice detainers and whether or not law enforcement can release them and what happens when they release them. Ice has detainers but they are voluntary requests. It's ice asking the state authorities to voluntarily hold someone and put them on a temporary ice hold pending an immigration debt naytion. The attorney general has opined and others have opined the state need not comply with those and therefore they are not being complied with. So what the original bill did, three things, it said the state has to comply with these ice detention orders, number 2 it says if you don't comply with it, somebody can sue the board of supervisors or the city council for the jurisdiction and number 3 it can compensate the injured person. The last two things created problems of folks which was the basis of the motion. The intention was go back to courts. Our great court disaf work out the substitute, it does now say the state must comply with the voluntary ice detainers. What this is doing is saying when the federal government says there is reason to believe there is a potential immigration issue and the state has them in custody, that's issue number 1, we must hold them. Then there's a victim fund, this just makes it clear if you are injured by somebody released who should have been held then you can make a claim against the victims compensation fun, it eliminates the part about suing board of supervisors, sheriff's or anybody else. With that I would move adoption of the floor substitute.
Bill Howell
The question is on adoption of the floor substitute offered by the gentleman. Those who favor it say aye, opposed no. The substitute is agreed to. Shall the bill be engrossed and bass had to the third reading. Those in favor say aye. Opposed no. Bill is engrossed and passed to the third reading.
[Unknown]
Continuing with today's calendar House bills on second reading regular. House bill 3 is bye until Monday. House bill 1,145 has been taken bye until Monday, February 8. House bill 175 has been taken bye for the day. House bill 340 has been taken bye for the day. Page 16 of the principalled calendar, House bill 475 a bill to amend the code of Virginia relating to students who have been treated for pediatric cancer; return to learn protocol. Reported from committee on education with substitute
[Unknown]
I move the committee substitute.
[Unknown]
Those who favor the motion say aye. Opposed no.
[Unknown]
Thank you, Mr. Speaker, ladies and gentlemen of the House, hb 475 direct the department of education to review certain federal regulations and look at provisions for return to protocall for pediatric cancer. Most children with cancer before 20 years will live for five years. There are still trials and tribulations and difficulties these children and their families will have to endure. This bill, we're simply providing parents of these children with the tools that they need to return to learn and transition back to school. Hope it will be the pleasure of the body to engross the bill and pass it to its third reading.
Bill Howell
Shall the bill be engrossed and passed to the third reading. Those in favor say aye. Opposed no. The bill is engrossed and passed to the third reading.
[Unknown]
H.B. 611. A bill to amend and reenact the code of Virginia relating to the regulation of water and sewer utilities. Reported from committee on commerce and labor with substitute.
[Unknown]
I move the substitute.
[Unknown]
Those in favor say aye. Opposed no.
[Unknown]
This would do two things, add water and sewer companies to the list for which the commission has ruled about meetings, also require when there is a rate change for water sewer companies they have to provide notice with the bills. I think it's on the contested to allow for abstensions.
[Unknown]
Those in favor say aye, opposed no.
[Unknown]
House joint has been passed bye. Memorial resolutions laid on the speaker table. They are listed in block pages 17 to 19.
[Unknown]
Does any member desire to remove a resolution from the block. Hearing none, all those in favor of adopting in block the memorial resolutions laid on the speaker's table and listed on pages 17 to 19 shall please rise. The resolutions are agreed to.
[Unknown]
Commending resolutions laid on the speakers table. They are listed on Page 19 to 24 with the exception of House joint resolution 213 which already has been adopted.
[Unknown]
Does any member desire to remove a resolution from the block? Hearing none, all those in favor of adopting the commending resolutions laid on the speaker's table pages 19 through 24 with exception of House joint resolution 213 will please say aye. Those opposed no. Those resolutions are agreed to.
[Unknown]
Mr. Speaker, that completes the calendar.
[Unknown]
Does the clerk have any announcements or communications.
[Unknown]
No communications. Simply today's announcement and Monday morning. For the rest of this afternoon. Court ethics committee will meet in House room c, courts of justice, ethics sub committee. Likewise the courts of justice mental health sub committee will meet after the ethics subcommittee. Only other activity transparency caucus will meet in the west floor conference room. Looking ahead, past super bowl Sunday. The education committee education innovation sub committee will meet at 7:00 a.M. House room d, that's an additional meeting for ed innovation sub. At 7:00 Monday morning the transportation subcommittee number 1 will be meeting in the fifth floor east conference room. Privileges and elections, stoogessal meeting, that meeting has been canceled, they will not meet on Monday, however at 8:00 on Monday the education education meeting will be 8:00 House room d. The committee on education will not be meeting, that meeting has been cancel. At 10:00 the science and technology committee will meet in House room c and over at the general assembly building. Finally democratic caucus will meet at 11:30 on Monday in House room 2. The republican caucus will be meeting at 11:00 in House room 1 in the capitol. That complete the anounments I have at this time.
Bill Howell
The gentleman from rock bridge.
[Unknown]
Rise for announcement.
[Unknown]
You have the floor.
[Unknown]
The mental health sub committee will not meet at the end of the ethics, we will meet a half hour after leaving.
[Unknown]
Mr. Cox.
[Unknown]
Mr. Speaker, I move when the House adjourn they reconvene Monday February 8th at 12:00 noon. Those who favor that motion say aye. Those opposed no. Mr. Cox?
[Unknown]
Mr. Cox, I move the House to now adjourn.
[Unknown]
The gentleman from Colonial Heights move the House to now adjourn. Those in favor say aye. Opposed no. The House stands adjourned until 12:00 noon Monday. >> >> >> >> >> >>