02/16/2016 House Proceedings

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Index

HB584—00:00:15
HB786—00:00:40
HB895—00:00:15
HB1279—00:00:40
HB450—00:00:10
HB467—00:00:40
HB703—00:00:10
HB1090—00:00:15
HB8—00:00:40
HB47—00:00:10
HB48—00:00:15
HB180—00:00:15
HB283—00:00:40
HB444—00:00:10
HB517—00:00:40
HB675—00:00:10
HB730—00:00:40
HB768—00:01:50
HB773—00:28:07
HB775—00:00:20
HB783—00:00:40
HB811—00:00:10
HB904—00:00:15
HB1053—00:00:40
HB1069—00:06:05
HB1174—00:00:20
HB1228—00:00:15
HB1261—00:00:40
HB1288—00:00:15
HB1291—00:00:15
HB1323—00:00:40
HB1328—00:00:10
HB1350—00:00:40
HB1379—00:00:20
HB602—00:01:25
HB610—00:00:40
HB754—00:00:10
HB765—00:00:15
HB1114—00:00:15
HB1361—00:00:40
HB168—00:00:10
HB407—00:00:40
HB1362—00:00:15
HB1068—00:00:40
HB1343—00:00:15
HB88—00:00:55
HB205—00:00:40
HJ3—00:19:16
HJ90—00:03:25
Del. Jeion Ward (D-Hampton)—09:55
Del. Kaye Kory (D-Falls Church)—00:31
Del. Scott Lingamfelter (R-Woodbridge)—03:25
Del. Dickie Bell (R-Staunton)—00:00
Del. Tag Greason (R-Potomac Falls)—00:55
Del. David Toscano (D-Charlottesville)—00:30
Del. Mark Levine (D-Alexandria)—00:50
Del. Scott Lingamfelter (R-Woodbridge)—00:10
Del. Vivian Watts (D-Annandale)—06:55
Del. Mark Sickles (D-Alexandria)—05:31
Del. Todd Gilbert (R-Woodstock)—04:30
Del. Scott Taylor (R-Virginia Beach)—00:15
Del. Bob Marshall (R-Manassas)—08:05
Del. Alfonso Lopez (D-Arlington)—00:30
Del. Bob Marshall (R-Manassas)—03:45
Del. Michael Webert (R-Marshall)—00:35
Del. Chris Jones (R-Suffolk)—00:35
Del. Todd Gilbert (R-Woodstock)—00:00
Del. Mark Cole (R-Fredericksburg)—00:20
Del. Scott Lingamfelter (R-Woodbridge)—06:00
Del. Bob Marshall (R-Manassas)—08:31
Del. David Toscano (D-Charlottesville)—01:10
Del. Jim LeMunyon (R-Oak Hill)—04:50
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Minutes

Called to order at 10:00 a.m. by William J. Howell, Speaker

Mace placed on Speaker's table by Sergeant at Arms

Prayer offered by The Most Reverend Francis X. DiLorenzo, Bishop, Catholic Diocese of 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

Leave of Absence granted: Delegate Morefield

Journal for Monday, February 15, 2016, approved by the Speaker

Senate communication received
Senate bills passed: SBs 9, 44, 58, 60, 61, 113, 178, 197, 224, 232, 277, 288, 313, 457, 458, 468, 476, 478, 510, 542, 543, 552, 553, 563, 567, 576, 577, 578, 579, 587, 590, 625, 652, 677, 692, 710, 719, 734, 736, 760, 776, 780, 781
Senate joint resolution agreed to: SJR 127
House bills passed: HBs 4, 254
House joint resolutions agreed to: HJRs 2, 123

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

CALENDAR

SENATE BILLS READ THIRD TIME
REGULAR CALENDAR
SB 49A - Passed by until Friday, February 19, 2016
SB 610S - Passed by until Friday, February 19, 2016
SB 715A - Passed by until Friday, February 19, 2016

HOUSE BILLS READ THIRD TIME
UNCONTESTED CALENDAR
HB 831S - Passed Block Vote (Y-99 N-0)
HB 1108A - Passed Block Vote (Y-99 N-0)
HB 98S - Passed Block Vote (Y-99 N-0)
HB 197S - Passed Block Vote (Y-99 N-0)
HB 240A - Passed Block Vote (Y-99 N-0)
HB 342S - Passed Block Vote (Y-99 N-0)
HB 420 - Passed Block Vote (Y-99 N-0)
HB 485S - Passed Block Vote (Y-99 N-0)
HB 510 - Passed Block Vote (Y-99 N-0)
HB 543A - Passed Block Vote (Y-99 N-0)
HB 616 - Passed Block Vote (Y-99 N-0)
HB 622S - Passed Block Vote (Y-99 N-0)
HB 625 - Passed Block Vote (Y-99 N-0)
HB 645S - Passed Block Vote (Y-99 N-0)
HB 715S - Passed Block Vote (Y-99 N-0)
HB 728 - Passed Block Vote (Y-99 N-0)
HB 752 - Passed Block Vote (Y-99 N-0)
HB 779 - Passed Block Vote (Y-99 N-0)
HB 814S - Passed Block Vote (Y-99 N-0)
HB 857 - Passed Block Vote (Y-99 N-0)
HB 860A - Passed Block Vote (Y-99 N-0)
HB 861A - Passed Block Vote (Y-99 N-0)
HB 862 - Passed Block Vote (Y-99 N-0)
HB 868 - Passed Block Vote (Y-99 N-0)
HB 886A - Passed Block Vote (Y-99 N-0)
HB 889 - Passed Block Vote (Y-99 N-0)
HB 890 - Passed Block Vote (Y-99 N-0)
HB 891 - Passed Block Vote (Y-99 N-0)
HB 892 - Passed Block Vote (Y-99 N-0)
HB 896S - Passed Block Vote (Y-99 N-0)
HB 910S - Passed Block Vote (Y-99 N-0)
HB 920S - Passed Block Vote (Y-99 N-0)
HB 924A - Passed Block Vote (Y-99 N-0)
HB 1012 - Passed Block Vote (Y-99 N-0)
HB 1044S - Passed Block Vote (Y-99 N-0)
HB 1087S - Passed Block Vote (Y-99 N-0)
HB 1105A - Passed Block Vote (Y-99 N-0)
HB 1111S - Passed Block Vote (Y-99 N-0)
HB 1149S - Passed Block Vote (Y-99 N-0)
HB 1150S - Passed Block Vote (Y-99 N-0)
HB 1190S - Passed Block Vote (Y-99 N-0)
HB 1257S - Passed Block Vote (Y-99 N-0)
HB 1276A - Passed Block Vote (Y-99 N-0)
HB 1287 - Passed Block Vote (Y-99 N-0)
HB 1290 - Passed Block Vote (Y-99 N-0)
HB 1310 - Passed Block Vote (Y-99 N-0)
HB 1312 - Passed Block Vote (Y-99 N-0)
HB 1319S - Passed Block Vote (Y-99 N-0)
HB 1344S - Passed Block Vote (Y-99 N-0)
HB 1383A - Passed Block Vote (Y-99 N-0)
HB 171S - Passed Block Vote (Y-99 N-0)
HB 177S - Passed Block Vote (Y-99 N-0)
HB 183 - Passed Block Vote (Y-99 N-0)
HB 364 - Passed Block Vote (Y-99 N-0)
HB 378A - Passed Block Vote (Y-99 N-0)
HB 451A - Passed Block Vote (Y-99 N-0)
HB 499S - Passed Block Vote (Y-99 N-0)
HB 588S - Passed Block Vote (Y-99 N-0)
HB 605S - Passed Block Vote (Y-99 N-0)
HB 628 - Passed Block Vote (Y-99 N-0)
HB 665S - Passed Block Vote (Y-99 N-0)
HB 681S - Passed Block Vote (Y-99 N-0)
HB 711S - Passed Block Vote (Y-99 N-0)
HB 735S - Passed Block Vote (Y-99 N-0)
HB 741S - Passed Block Vote (Y-99 N-0)
HB 817S - Passed Block Vote (Y-99 N-0)
HB 823S - Passed Block Vote (Y-99 N-0)
HB 835S - Passed Block Vote (Y-99 N-0)
HB 842S - Passed Block Vote (Y-99 N-0)
HB 858S - Passed Block Vote (Y-99 N-0)
HB 883S - Passed Block Vote (Y-99 N-0)
HB 922 - Passed Block Vote (Y-99 N-0)
HB 986S - Passed Block Vote (Y-99 N-0)
HB 1016 - Passed Block Vote (Y-99 N-0)
HB 1070S - Passed Block Vote (Y-99 N-0)
HB 1102S - Passed Block Vote (Y-99 N-0)
HB 1110S - Passed Block Vote (Y-99 N-0)
HB 1135S - Passed Block Vote (Y-99 N-0)
HB 1160S - Passed Block Vote (Y-99 N-0)
HB 1166S - Passed Block Vote (Y-99 N-0)
HB 1189S - Passed Block Vote (Y-99 N-0)
HB 1197S - Passed Block Vote (Y-99 N-0)
HB 1213S - Passed Block Vote (Y-99 N-0)
HB 1226 - Passed Block Vote (Y-99 N-0)
HB 1227A - Passed Block Vote (Y-99 N-0)
HB 1238 - Passed Block Vote (Y-99 N-0)
HB 1245 - Passed Block Vote (Y-99 N-0)
HB 1255S - Passed Block Vote (Y-99 N-0)
HB 1259A - Passed Block Vote (Y-99 N-0)
HB 1260 - Passed Block Vote (Y-99 N-0)
HB 1263 - Passed Block Vote (Y-99 N-0)
HB 1289 - Passed Block Vote (Y-99 N-0)
HB 1317S - Passed Block Vote (Y-99 N-0)
HB 1318S - Passed Block Vote (Y-99 N-0)
HB 1325S - Passed Block Vote (Y-99 N-0)
HB 1345S - Passed Block Vote (Y-99 N-0)

HOUSE BILLS READ THIRD TIME
REGULAR CALENDAR
HB 565SA - Rereferred to Committee on Education
HB 584SA - Passed (Y-87 N-11)
HB 786S - Passed (Y-91 N-8)
HB 895A - Passed (Y-86 N-13)
HB 1279S - Passed (Y-99 N-0)
HB 1282S - Passed (Y-74 N-20)
HB 287A - Passed (Y-99 N-0)
HB 450S - Passed (Y-97 N-2)
HB 467S - Passed (Y-97 N-1)
HB 703S - Passed (Y-66 N-33)
HB 1090A - Passed (Y-64 N-35)
HB 8S - Passed (Y-58 N-40)
HB 47 - Passed (Y-86 N-13)
HB 48S - Defeated (Y-47 N-50)
HB 180S - Passed (Y-90 N-8)
HB 283 - Passed (Y-97 N-0)
HB 367S - Passed (Y-99 N-0)
HB 389S - Passed (Y-53 N-46)
HB 444S - Passed (Y-97 N-0)
HB 517S - Passed (Y-72 N-26)
HB 675S - Passed (Y-97 N-2)
HB 730A - Passed (Y-91 N-8)
HB 768 - Passed (Y-78 N-21)
HB 773S - Passed (Y-56 N-41)
HB 775S - Passed (Y-79 N-19)
HB 783S - Passed (Y-76 N-23)
HB 811S - Passed (Y-66 N-32)
HB 904S - Passed (Y-83 N-12)
HB 1053S - Passed (Y-82 N-15)
HB 1069S - Passed (Y-85 N-12)
HB 1174A - Passed (Y-85 N-11)
HB 1228SA - Passed (Y-87 N-12)
HB 1261 - Passed (Y-96 N-1)
HB 1288 - Passed (Y-99 N-0)
HB 1291A - Passed (Y-96 N-3)
HB 1328A - Passed (Y-55 N-41), Reconsidered, Passed (Y-56 N-43)
HB 1350S - Passed (Y-92 N-6)
HB 1379S - Passed (Y-64 N-35)
HB 602S - Passed (Y-90 N-8)
HB 610S - Passed (Y-98 N-1)
HB 754 - Passed (Y-96 N-2)
HB 765 - Passed (Y-99 N-0)
HB 1114A - Passed (Y-99 N-0)
HB 1361A - Passed (Y-99 N-0)
HB 874S - Passed (Y-93 N-6)
HB 1264S - Passed (Y-98 N-1)
HB 102 - Passed (Y-94 N-5)
HB 168 - Passed (Y-94 N-5)
HB 407 - Passed (Y-98 N-0)
HB 1362S - Passed (Y-98 N-1)
HB 1068S - Passed (Y-98 N-0)
HB 1343S - Passed (Y-91 N-7)

HOUSE BILLS WITH SENATE AMENDMENTS
HB 88 - Senate amendment agreed to (Y-97 N-2)
HB 205 - Senate amendment agreed to (Y-99 N-0)

RESOLUTIONS
REGULAR CALENDAR
HJR 3A - Committee Amendments agreed to, Agreed to (Y-52 N-47)
HJR 90A - Committee Amendments agreed to, Agreed to (Y-55 N-44)

HOUSE BILLS READ FIRST TIME
UNCONTESTED CALENDAR
HB 859
HB 884

HOUSE BILLS READ FIRST TIME
REGULAR CALENDAR
HB 298
HB 339
HB 1191
HB 1305

Motion by Delegate Cox to adjourn agreed to

House adjourned at 11:54 a.m. to meet Wednesday, February 17, 2016, at 12 m.

Transcript

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

Bill Howell
[gavel] the House will come to order, members, please take your seats. Sergeant at arms. >>
Bill Howell
The House is now in session, all perps not entitled to privileges on the floor please retire to the gallery.
Bill Howell
The members will rise and be fled prayer by the most ref rend francis x. Dilorenzo, bishop of the catholic diocese of Richmond and remain standing to the pledge of allegiance to the flag of the united states of america led by the gentleman from Colonial Heights Mr. Cox.
Kirk Cox
Almighty and eternal God, in your kindness, you bring that is good into creation, guide our elected officials, grant them wisdom so that people May continue to enjoy the blessings of life and liberty which you envisioned, especially here in the commonwealth of Virginia. Lord, you guide and govern everything with order and love. Bless this assembly, fill them with the spirit of your goodness, so that they May always act according to your will, and their decisions May be for the greater good of all the people they serve. God of justice, it is through you that authority is rightly administered, laws are enacted, and judgment is de creed. Assist with your spirit of counsel and fortitude the legislators of this commonwealth, as they always seek the ways of righteousness, justice and mercy. Grant them courage that they May enact public polices with honesty and integrity. Move the hearts of all our elected officials to fulfill their sacred duty worthy and -- worthily and well, help them extend the mantle of protection to our most vulnerable residents and uphold the values of life and liberty for all. We ask all this as we ask everything in your great name, amen.
[Unknown]
[pledge of allegiance] >>
Kirk Cox
The members will answer the roll call by indicating their presence on the electronic voting board.
Bill Howell
The clerk will close the roll.
[Unknown]
Mr. Speaker a. Quorum is present.
[Unknown]
-- Mr ., a quorum is I 've approved and examined present. The journal from the House of delegates for February 15, 2015, motions and resolutions under rule 39 are in order. Does the clerk have any announcements or communications.
[Unknown]
No communications, just one announcement at this time, sir. Committees responsible for revenue bills are to complete work by midnight tonight, committees responsible for revenue bills must complete work tonight. Today also is crossover, which means each House has to complete work on its own legislation except the budget bill and or revenue bill.
Bill Howell
The gentleman from hamp -- gentlewoman from Hampton, Ms. Ward.
Leo Wardrup
Thank you Mr. Speaker. Mr. Speaker, I rise for a point of personal privilege.
[Unknown]
The gentlewomans from the floor.
Leo Wardrup
Thank you Mr. Speaker. Today, I am privileged to do a moment in Black history, and I had a difficult time trying to come up with something meaningful for this year, and then with the passing of justice scalia in the middle of a heated presidential campaign, I was reminded that a president's term is relatively short, yet the appointment of a supreme court justice is one that results in pronouncements that have far reaching implications and life long effects on the lives of Black people that will stand for generations, and it is for this reason that our moment in Black history discusses some of the supreme court decisions that have had a profound impact, whether for good or for bad on the lives of african-americans. And I think back first to 1850 when the supreme court heard the case of a fugitive named dred Scott. He was a slave sold to a gentleman who lived in a free state, and when the master died, he sued the widow for his freedom, claiming that his residents on free soil made him a free man. The constitutional issue is whether a slave became free upon entering a free state, is a slave entitled to sue the federal courts, and could an item of property such as a slave be taken from the owner without any type of compensation. Well, the court decided 7-2 in favor of the slave owner. It was decided that african-americans, whether they be free or slaves, that they were not citizens, and they had no rights to bring a Suit to federal court. And even more serious consequence, that the court also struck down, the missouri compromise as unconstitutional because it deprived property owners or slave owners of the right to take their property anywhere in the united states. Then we move forward to a few years to plessie versus fergusson in 1896, and this was during the aftermath of reconstruction, and the new state legislatures had enacted jim crow laws to legally segregate the races and to impose second class citizenship upon african-americans. These laws created separate schools, separate waiting rooms, separate water fountains, and other segregated public accommodations. And in this case, plessie versus ferguson, involved -- he was involved in a successful business in louisiana, and he was living quite comfortably in society with both racial groups. Plessie was considered to be white, and you know that african-americans come in so many different shades, different colors. However, plessie had a grandparent who was african-american, which meant that he was 1/8 african-american, which meant he was african-american. And plessie wanted to challenge the jim crow laws, so he intentionally broke the law in order to initiate a case. He was returning by train from new orleans, and plessie was asked by the railroad officials to sit in the segregated area of the train. He refused, and he was arrested and charged. He was convicted and fined, and plessie then appealed to the supreme court again on a 7-1 decision. The court upheld the louisiana law requiring segregation. It was agreed that the 14th amendment was not intended to give african-americans social equality, but only political and civil equality with white people. So separate, but not equal was the law of the land for the next 58 years. And that brings us to 1954, and things were about to change. Maybe it was because we had reached the end of world war ii and dramatic changes in american race relations were underway. Maybe it was the integration of different labor unions in the 1930s and the de segregation of the armed forces that marked major steps towards racial integration. Or maybe, just maybe, I 'm not saying this is true, but it was the year that I was born!
[Unknown]
[laughter]
[Unknown]
That meant it was going to be a landmark year!
[Unknown]
Perhaps no other case decided in the court in the 20th century was so profound as an effect on our social fabric than brown versus the board of education of topeka. A little girl, linda brown, eight years old, an african-american girl, was denied permission to attend an elementary school only five blocks from her home in topeka. School officials refused to register her for a nearby school. Instead, they assigned her to a school for nonwhite students some 21 blocks from her home. Linda brown's parents filed a lawsuit to force the school to admit her to the nearby but segregated school for white students. Linda brown's attorney, thorough -- thorough good Marshall, an n naacp coordinator, argued that the operation of separate schools based on race was harmful to african-american children. This time it was a unanimous court decision, 9-o, and chief justice Warren wrote to separate some children from others on similar age and qualification solely because of their race generates the feeling of inferiority and their stat nous the community, it May affect their hearts and minds in a way unlikely ever to be undone. With that decision, the world was ready for me.
[Unknown]
And there is one final case that was brought before the supreme court that I believe had a profound effect on our lives today. On June 12, 1967, oral arguments in loving versus Virginia were heard by the supreme court. This case presented a constitutional question never addressed in the court, whether adopted by the state of Virginia to present marriages between persons solely on the basis of race violated the equal protection and due process clause of the 14th amendment. So in 1958, two residents of Virginia, mildred jeter, a Black woman, and richard loving, a white man, were married in the district of columbia. They returned to Virginia to live in Caroline County. Now, you probably already know the story, but an indictment was issued, charging the lovings with violating Virginia 's ban on interracial marriage. They pleaded guilty, and they were sentenced to one year in jail. However, the judge suspended their sentence for a period of 25 years on the condition that the lovings leave the state and not return to Virginia for another 25 years. The judge's opinion was almighty God created races, white, Black, yellow and red, and he placed them all on separate continents, and but for the interference with his arrangements, there would be no cause for races to mix. It was really hard to believe, and even less hard -- it was difficult to even read on this floor what our state statutes said in reference to marriage between white persons and colored persons. It was not one of our finest hours. But in 1967, the supreme court's unanimous decision to no longer prevent marriages between different races included justice stewart saying it's simply not possible for a state law to be valid under our constitution which makes the criminality of an act depend upon the race of the persons. Mr. Speaker, ladies and gentlemen of the House, these are only a few of the rulings made by the supreme court over the years but as you can easily see they've all had a profound effect on our lives either for good or for bad, but especially in the lives of african-americans. Thank you Mr. Speaker.
[Unknown]
[applause] I think it's worth remembering as well that one of our former members, bernie cohen, was one of the lead attorneys in the loving case, so we have some interest in that as well.
Bill Howell
The gentlewoman from Fairfax, Ms. Kory.
[Unknown]
Thank you Mr. Speaker. I rise for an announcement.
Bill Howell
The gentlewoman has the floor.
[Unknown]
Thank you. Ladies and gentlemen of the House, I would like to be sure that you all know that the arc of Virginia which represents people with intellectual and developmental disabilities is having a food and clothing drive, warm winter clothing, and there are many boxes outside my office, room 707, where you can bring the contributions that you would like to make. Members of the arc will come on Thursday. The Martin luther king, junior day of service, to pick up the items and distribute them to the local homeless population in honor of Martin luther king, junior. Many of you have already donated items. Please don't stop now. Thank you.
Bill Howell
The gentleman from Prince William, Mr. Lingamfelter.
Scott Lingamfelter
Mr. Speaker, I rise for a request, a motion and an introduction.
Bill Howell
The gentleman has the floor.
Scott Lingamfelter
Mr. Speaker, I move that on Page one and two of the printed calendar, that Senate bill 49, Senate bill 610, and Senate bill 715 go by until Friday, the 19th, and I would like to just remark briefly about that.
Bill Howell
The gentleman has the floor.
[Unknown]
Just so everyone knows, these are the compromise bills we have on the gun deal, as it were. Our three House bills will be in the other body's committee system on Wednesday. They should be on their calendar first read, or rather, second read, on Thursday, and then on the Senate calendar for third read on Friday. This request would simply put our three bills in line with these three bills to ensure they all come out on Friday, and that's the intent of the request. And Mr. Speaker, on Page 38 --
[Unknown]
How about if I take care of this first.
[Unknown]
Yes.
Bill Howell
Without objection, Senate bills 49, 610, and 715 go by until Friday. The gentleman from Prince William .
Bill Howell
Mr. Speaker, on Page 38 of the printed calendar, I move that House bill 565 be rereferred to the committee on education. The gentleman from Prince William, Mr. Lingamfelter, moves that House bill 565 be rereferred to the committee on education. As many as favor that motion will say aye, those opposed, no.
Scott Lingamfelter
The bill is rereferred to the committee on education.
[Unknown]
Mr. Speaker? I would like to make an introduction, if I might.
Scott Lingamfelter
The gentleman has the floor.
[Unknown]
Mr. Speaker, today, we are joined in the gallery by members of the Virginia state police, troopers, special agents, and supervisors. If they wouldn't mind and their support staff have standing. Traveled here from every corner of the commonwealth. They've come here at their own expense, Mr. Speaker, taking leave or traveling here between shifts, or on their day off. In fact, some have already left so they won't be late for their shifts later today. They are making this rare appearance in the general assembly to express their serious concerns about staffing and equipment, salary, pay compression, things that we have been focused on and things that we want to try to address. Mr. Speaker, unfortunately, the world is not a safe place. It's not safe for soldiers who are abroad, and it's not safe for us here in the commonwealth. But these men and women, they make us safe. They are the ones who are on our front lines here. Now, all of you have read tragically of the five police deaths that we've seen in recent weeks. It's very, very sad. Because these folks get up every day, they kiss their bride goodbye, hug their kids, and they go out to stand between us and the people who would harm us. And for that, Mr. Speaker, and that alone, they deserve our tremendous applause and support, and I thank them for being here.
[Unknown]
[applause]
[Unknown]
We thank the members from the state police, we thank you for all that you do for our communities in the commonwealth and we thank you for being here today. Thank you very much.
Bill Howell
The gentleman from stanton, Mr. Bell.
[Unknown]
Mr. Speaker, I rise for a request.
Bill Howell
The gentleman May state it.
Bill Howell
May the journal reflect my seat mate, the gentleman from Tazewell, is away today on pressing personal business.
Bill Howell
The journal will so reflect.
Bill Howell
The gentleman from Loudoun, Mr. Greason.
Tag Greason
Thank you Mr. Speaker, I rise for an announcement.
Bill Howell
The gentleman has the floor.
Tag Greason
Mr. Speaker, ladies and gentlemen, we are one week away from the annual basketball game against the body at the other end of the capitol here, the junior body, thank you Delegate Miller. The point of this announcement is we have one last practice tonight. If you've not been to practice and you want to play in the game, please come on by. We have not lost to the Senate in years. We lost a game last year, but they cheated. So we are not going to lose to them this year, because we've been practicing. If you would like to come out, please do. We have practice tonight, the game will be next week, Tuesday, at 7:00 p.M. Most importantly, please, please, donate to the Massie cancer center, that's what this is all about. We have fun with the game but it's really about donating to the Massie cancer center. You can go online. You should have information in your in box from my office showing you how to do that. I'd be happy to accept any checks or donations here. Mr. Speaker, thank you for the time. I look forward to playing the Senate next week. Thank you.
Bill Howell
The gentleman from Charlottesville, Mr. Toscano.
David Toscano
Yes Mr. Speaker, I rise for an announcement, quasi point of personal privilege.
Bill Howell
The gentleman has the floor.
David Toscano
Thank you, Mr. Speaker, I rise to talk about pizza, and yesterday's pizza, and what good pizza it was.
[Unknown]
[applause]
[Unknown]
The gentlewoman from Fairfax had a -- invested in pizza and she sent around an envelope to collect money from folks and if everybody gave $5, she would have enough money to pay for the pizza. Well, we are going to recirculate the envelope, because some of the people didn't take advantage of putting their $5 in to make sure that she got recouped her investment. So please help out the nice gentlewoman from Fairfax. Thank you.
[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 des gats for today, crossover, Tuesday, February 16, 2016. Page one of the printed calendar, Senate bills on third reading, regular calendar, Senate bills 49, 610, 715 have been taken by until Friday, February 19. Accordingly, continuing with the calendar, House bills on third reading, uncontested calendar, House bills, uncontested, the 90 plus bills are as follows, 831, 1108, 98, Page four, House bills 197, 240, 342, 420, 485, Page six, House bills 510, 543, 616, 662, 665, 645, Page #, House bills 715, 2728, 752, 779, 814, 857, Page 10, House bills 860, emergency, House bill 861, emergency, House bill 862, House bill 868, emergency, House bills 886 and 889, Page 12, House bill 890, House bill 891, 892, 896, 910, 920, Page 14, House bills 924, 1012, 1044, 1087, 1105, 1111, Page 16, printed calendar, House bills 1149, 1150, 1190, 1257, 1276, 1287, Page 18, House bills 1290, 1310, 1312, 1319, 1344, 1383, Page 20, House bills 171, 77, 183, 364, House bill 378, emergency, Page 22, House bill 451, 499, 588, 60 five, 628, 665, Page 24, House bills 68 1, 71 1, 735, 741, 817, Page 26, House bills 823, 835, 842, 858, Page 28, House bill 883, House bill 92 2, 986, 1016, 1070, Page 30, House bill 1102, 1110, 1035, 11160, 1166, House bill 1189, 1197, 1213, 1226, 1227, Page 34, House bills 1238, 1245, 1255, emergency, House bills 1259, 1260, 1263, Page 36, House bills 1289, 1317, 1318, 1325, emergency, and House bill 1345.
[Unknown]
[applause]
[Unknown]
Shall the bills pass?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 99, nos, zero.
[Unknown]
Ayes 99, nos, zero, the bill is passed -- the bills are passed. >>
[Unknown]
Continuing with today's calendar, Page 38 of the printed version, House bills on third reading, regular calendar, House bills, third reading, regular calendar, approximately 50 bills, third reading, regular, first up, House bill 556 has been rereferred to the committee on education. Accordingly, House bill 584, a bill to amend and reenact a section of the code of Virginia relating to feeding
[Unknown]
Shall the bill pass? Of deer.
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 87, nos 11.
[Unknown]
Ayes 87, nos 11, the bill is passed.
[Unknown]
House bill 786, a bill to of the code of Virginia amend and reenact a section relating to the Virginia public procurement act, set aside awards.
[Unknown]
Shall the bill pass?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 91, nos eight.
[Unknown]
Ayes 91, nos eight, the bill is passed.
[Unknown]
House bill 895, a bill to amend and reenact several sections of the code of Virginia relating to the board of education, high school graduation requirements. Shall the bill pass?
[Unknown]
The clerk will close the roll ayes 86, nos 13.
[Unknown]
Ayes 86, nos 13, the bill is passed.
[Unknown]
Turning to Page 40 of the printed calendar, House bill 1279, a bill to amend and reenact several sections of the code of Virginia relating to public schools, fire drills, lock down drills.
[Unknown]
Shall the bill pass?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 99, nos, zero.
[Unknown]
Ayes 99, nos, zero, the bill is passed.
[Unknown]
House bill 1281, a bill to direct the secretary of commerce and trade to work with the Virginia israel advisory board and other related organizations to implement practices related to the boycott vie vest -- divestment and sanctions movement.
[Unknown]
Shall the bill pass?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 74, nos 20.
[Unknown]
Ayes 74, nos 20, the bill is passed.
[Unknown]
House bill 287, a bill to amend and reenact a section of the code of Virginia relating to mediation, fees.
[Unknown]
Shall the bill pass?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 99, nos, zero.
[Unknown]
Ayes 99, nos, zero, the bill is passed.
[Unknown]
House bill 450 a bill to amend and reenact a section of the code of Virginia relating to certain comprehensive community colleges, veterans advisers and veterans resource centers.
[Unknown]
Shall the bill pass?
[Unknown]
The clerk will close the roll.
[Unknown]
Ayes 97, nos two.
[Unknown]
Ayes 97, nos two, the bill
[Unknown]
Turning to Page 42 of the is passed. Printed calendar, continuing House bills first reading regular, House bill 467, a bill to amend and reenact a section of the code of Virginia relating to limited standing to seek injunctive relief against manufacturing companies.
[Unknown]
Shall the bill pass?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 97, nos one.
[Unknown]
Ayes 97, nos one, the bill is passed.
[Unknown]
House bill 703, a bill to amend and reenact several sections of the code of Virginia and repeal another relating to the legal age for marriage, emancipation petitions for minors intending to marry, written findings.
[Unknown]
Shall the bill pass?
[Unknown]
The clerk will close the roll.
[Unknown]
Ayes 66, nos 33.
[Unknown]
Ayes 66, nos 33, the bill is passed.
[Unknown]
House bill 1090, a bill to amend and reenact a section of the code of Virginia relating to the department of health, expenditure of funds related to abortions and family planning services.
[Unknown]
Shall the bill pass?
[Unknown]
The clerk will close the roll.
[Unknown]
Ayes 64, nos 35.
[Unknown]
Ayes 64, nos 35, the bill is passed.
[Unknown]
Turning to Page 44 of the printed calendar, House bill eight, a bill to amend and reenact several sections of the code of Virginia relating to the creation of the Virginia virtual school.
[Unknown]
Shall the bill pass?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 58, nos 40.
[Unknown]
Ayes 58, nos 40, the bill is passed.
[Unknown]
House bill 47, a bill to amend and reenact a section of the code of Virginia relating to the establishment of the mix the delivery preschool fund and grant program.
[Unknown]
Shall the bill pass?
[Unknown]
The clerk will close the roll.
[Unknown]
Ayes 86, nos 13.
[Unknown]
Ayes 86, nos 13, the bill is passed.
[Unknown]
House bill 48, a bill to amend and reenact several sections of the code of Virginia relating to forfeiture of property used in connection with the commission of crimes, finding of guilty required.
[Unknown]
-- of guilt required.
[Unknown]
Shall the bill pass?
[Unknown]
The clerk will close the roll.
[Unknown]
Ayes 47, nos 50.
[Unknown]
Ayes 47, nos 50, the bill is passed.
[Unknown]
-- the bill fails to pass.
[Unknown]
Continuing on Page 45, House bill 180, a bill to amend and reenact a section of the code of Virginia relating to drug treatment court for city of Winchester and counties of Clarke, Frederick, and Warren .
[Unknown]
Shall the bill pass?
[Unknown]
The clerk will close the roll.
[Unknown]
Ayes 90, nos 88.
[Unknown]
Ayes -- I 'm sorry, nos eight, I 'm sorry.
[Unknown]
Ayes 90, nos eight, the bill is passed.
[Unknown]
I apologize about that.
[Unknown]
House bill 283, a bill to amend and reenact a section of the code of Virginia relating to Virginia state corporation commission, approval of electrical transmission lines, hearing.
[Unknown]
Shall the bill pass?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 97, nos, zero.
[Unknown]
Ayes 97, nos, zero, the bill is passed.
[Unknown]
Turning to Page 46 of today's printed calendar, House bill 367, a bill to amend and reenact a section of the code of Virginia relating to nonconforming uses.
[Unknown]
Shall the bill pass?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 99, nos, zero.
[Unknown]
Ayes 99, nos, zero, the bill is passed.
[Unknown]
House bill 389, a bill to amend and reenact a section of the code of Virginia relating to parental choice education savings accounts.
[Unknown]
Shall the bill pass?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 53, nos 46.
[Unknown]
Ayes 53, nos 46, the bill is passed.
[Unknown]
House bill 444, a bill to amend and reenact a section of the code of Virginia relating to electric utilities, notice of renewable power options.
[Unknown]
Shall the bill pass?
[Unknown]
The clerk will close the roll.
[Unknown]
Ayes 97, nos, zero.
[Unknown]
Ayes 97, nos, zero, the bill is passed.
[Unknown]
Turning to Page 47, House bill 517, a bill to amend and reenact a section of the code of Virginia relating to warrantless arrest, certain cases.
[Unknown]
Shall the bill pass?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 72, nos 26.
[Unknown]
Ayes 72, nos 26, the bill is passed.
[Unknown]
House bill 675, a bill to amend and reenact a section of the code of Virginia relating to auxillary grants, supportive housing.
[Unknown]
Shall the bill pass?
[Unknown]
The clerk will close the roll.
[Unknown]
Ayes 97, nos two.
[Unknown]
Ayes 97, nos two, the bill is passed.
[Unknown]
Turning to Page 48, continuing House bills third reading regular, House bill 730, a bill to amend and reenact a section of the code of Virginia relating to commuter parking lot signs in planning district eight.
[Unknown]
Shall the bill pass?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 91, nos eight.
[Unknown]
Ayes 91, nos eight, the bill is passed.
[Unknown]
House bill 768, a bill to amend and reenact several sections of the code of Virginia relating to victims of domestic violence, et cetera, firearms safety or training course.
Bill Howell
The gentleman from Alexandria, Mr. Leaf een.
[Unknown]
Mr. Speaker rise to very brief he will speak to the bill.
Bill Howell
The gentleman has the floor.
[Unknown]
I hase to disrupt the rhythm, I will be very quick. When I asked yesterday about this bill, whether or not that this training money would go from the services and prosecution, the answer was yes. They did say, though, there was 100,000 left in the fund, so I was curious to know why that was. I talked to francine ecker, the Head of dcjs, and she said that unlike most things, the money that comes into this fund solely comes from fines and fees, and they award things once a year, so Mr. Speaker, out of $2.8 million, they spent $2.7 million, and, in fact, they can't go below zero. They just don't know how much money will be there. She said half the money goes to prosecution of these offenses, and half goes to victims services like if this body wants an shelters. Appropriations amendment for training, I think they will find a lot of support on this side of the aisle, but taking money from prosecuting offenses and shelters from victims does not seem to me to be a Wise choice. Thank you Mr. Speaker.
[Unknown]
Mr. Speaker?
Bill Howell
Gentleman from Prince William, Mr. Lingamfelter.
Scott Lingamfelter
Mr. Speaker, just to be clear, there was money left in this fund. That is not the intent to deprive any of the current services that are out there. We very much support those, so my commitment to you is we will come back next year and look and see what comes out of this and we will make sure that we do the right thing by this fund. You can rest assured of that.
[Unknown]
Shall the bill pass?
Scott Lingamfelter
The clerk will close the roll.
[Unknown]
Ayes 78, nos 21.
[Unknown]
Ayes 78, nos 21, the bill is passed.
[Unknown]
Continuing with the calendar, House bills third reading regular, Page 49 of the printed calendar, House bill 773, a bill to amend and reenact a section of the code of Virginia relating to the government nondiscrimination act, creation.
Bill Howell
The gentlewoman from Fairfax, Ms. Watts.
[Unknown]
Thank you Mr. Speaker, speaking to the sphwhil.
Bill Howell
The gentlewoman has the floor.
[Unknown]
Let me first draw your attention to the actual language in the bill which allows anyone to discriminate against someone who has sexual relations not in a marriage between a man and a woman, therefore, any premarital sex, anything, any extramarital affairs would be a basis of discrimination. So that when I look at what is allowed in this bill, it would involve scholarships and grants and licensure and accreditation and all manner of government actions would apply to that provision. I go back to my english major days in hawthorne, when a scarlett a was put on the you have the potential that woman. If you have in the parlance of my day a baby out of wedlock, that for the rest of your life, you could be discriminated against because according to the wording of this bill, you had sexual relationships outside of a marriage between a man and a woman. This overwrite of this bill applies to another element of my background. When I entered campus on the university of michigan, a large state university, the dean of women in that large state university had a definite network with taxi cab drivers, and she got regular reports if any woman was left off or picked up at an apartment of a male. And parents got letters about what their daughter was doing there will be more in just a moment.
[Unknown]
She actually was dismissed during the four years that I was on campus. But the reason that she was dismissed actually is right in line with the wonderful remarks we heard this morning in Black history month, because she wrote a letter to the parents who happened to be on the board of the michigan naacp, that their daughter had, in fact, been taken to the apartment of someone of a different race. So that the idea that religious beliefs can interfere with your obligation to carry out the law is something that is tragically part of our history, and with this bill, we are about to write another chapter. I don't have the words before me to again quote in the original ruling in loving, but it was God 's will that there be a separation of the races, and we are about to allow the same in this particular bill, that that one interpretation will stand against the law of the land. Let me turn, then, to the other ramification of this bill. What we have, then, in newspaper headlines are headlines such as these: religious freedom bill, religious freedom act, equals $60 million of lost revenue for indiana, appearing in the January 26, 2016. That's the amount of money last year's rfra, the debacle cost just the city of indianapolis. Last March, when it became law, many groups and conventions that planned to hold events in indianapolis found new locations. It also, in the papers, appeared in March 2015, when the bill was designed in indiana, that you had strong opposition, fierce opposition, by business leaders within the state. To use on owner's faith as a reason to refuse services. The risk of the act ranged from potential workplace lawsuits on religious grounds to a broader and deeper business chill on the state, with money making conferences and major corporations threatening to pull out. We have that at stake. But when I mention the workplace, we are also then talking about applying this to the disturbance that someone might take about anything happening in the workplace that might be termed an extramarital affair. Once again, you could not take application action against such an individual who repeatedly speaks out about how wrong that is. If you did take work action against such an individual for other work purposes without going through their administrative remedies they can go directly to court and get full -- might as well, because I 'm going to get full of legal fees in that court lawsuit if I prevail. What we are unleashing here is just plain badly written legislation. Unfortunately, though, it also has very deep ramifications. I do take the jefferson statute of religious freedom extremely seriously. In my case, as I have migrated from serving on the state board of the methodist church, when I was in youth group, to now being a unitarian, which is closer to jefferson's own religious practices. I have always wanted to side on the side of the quaker concept of religious freedom, that each individual has that freedom. I do not associate myself with the puritan vision of religious freedom, which would place a scarlett a on someone for society to always punish. Thank you.
Bill Howell
The gentleman from Fairfax, Mr. Sickles.
Mark Sickles
Thank you Mr. Speaker, I 'd like to speak to the bill.
Bill Howell
The gentleman has the floor.
Mark Sickles
Thank you Mr. Speaker. You will have to excuse me for taking this bill a little personally. But when we call a bill the government nondiscrimination act and then we read it, Black is white, up is down, sweat dry, Mr. Speaker, this bill is a discrimination bill. I mean, if it looks like a duck, swims like a duck, walks like a duck and quacks like a duck, it's a duck, and this is a duck. It's not a banana. This is a discriminatory bill that is going to hurt our state. Now, a lot of you probably think this is a free vote because this has no chance, no prayer of becoming law, but your vote will make a difference, you know, your kids will be looking back on what you do today and how you vote on this bill. We've come a long way. I heard it called the religion of secular humanism, something like that. But this year will be the 14th year of the annual equality Virginia dinner, I think I 've been to most of them. Used to be we would have, you know, a few local businesses, maybe a couple of law firms, a church or two, sponsor the dinner. First Page in the cover, Virginia 's largest bank, capital one, back Page, altria, altria today, working together, altria salutes equality Virginia, integrity, trust, and respect, define the altria company's workplaces. It goes on. Genworth, I think they've given a few of you a contribution to be here. Here's a picture, a nice picture of a family with their kid. We came out early in life. We've had a partner friendly insurance solution since 1999, at genworth, we believe love is love, and we're here to help protect it. Genworth puts diversity and inclusion at the heart of everything we do. We salute equality Virginia. Sorry, Mr. Speaker. It goes on and on. Here's a good one. Dominion, the power of diversity. I like the different colored chords they have coming out of a socket, at dominion, we know diversity isn't just good, it's good for business, it's not just something we strive for, it's something we insist on. The bottom line is that diversity is good for business, having a work force, and a group of suppliers who come from different backgrounds, who have different sets of experiences, helps us generate a broader range and better ideas. As a result, our company is strengthened, our communities prosper, and most importantly, our customers benefit. To learn more about dominion and our dedication to diversity, and then it tells you where to go. Kpmg, leclair ryan, merrill lynch, hunt Williams, we are proud to support equality Virginia dinner, sun trust bank, Williams and mullen, Morgan Stanley, a couple of doctors here, lutheran family services. Lutheran family services. Are ready to foster care? They want you to be a foster parent. They want someone like me to be a foster parent. There's a lot to know and think about in supporting, that you work with people that will give you the support and knowledge you need to make the relationship a success. Whether you're an older, an older, single, same sex couple or a stay at home parent, a renter, homeowner, adoption or foster care May be the right move for you, call 800 something and we'll talk about it, lutheran family services of Virginia. Richmond spiders, Mr. Speaker, their alumni group is a supporter. Another law firm, I don't know all these law firms. So Mr. Speaker, the world has changed. I don't know anything about a secular religion. I think we have to choose whether we want to treat everybody equally or not. It's as simple as that. The law is the same for everybody. So this is a vote that you get to make for the rest of your life, right now, are we going to be fair to everybody in Virginia or not. You know, we're going to pass a budget next week. Hopefully it's going to have a lot of investment, new investment in research, high tech, biosciences, cyber, big data. We could pass this bill and just forget all that. They can go to boston, they can go to san diego or san francisco or seattle or Madison, wisconsin to do their business. They don't need to come here, where people are second class citizens, when we pass legislation like this. So I guess that's all I can say. Please defeat this measure. Thank you Mr. Speaker.
[Unknown]
[applause]
Bill Howell
The gentleman from Shenandoah, Mr. Gilbert.
Todd Gilbert
Thank you Mr. Speaker, speaking to the bill?
Bill Howell
The gentleman has the floor.
Todd Gilbert
Well, Mr. Speaker, this bill and its patron are not concerned with what genworth financial does or dominion or any of the downtown law firms or anyone else that was just cited by the gentleman. That's not what this is about. Those of us who differ with the gentleman on things like traditional marriage and traditional gender identities, you know, we find ourselves constantly under attack by the shifting cultural winds that blow as a Head wind against us. You know, we are concerned with this legislation, by this legislation, with what I 've said previously on this issue. It is that the activists who pursue same sex marriage and other issues related to that, they are not satisfied with equality, and they will not be satisfied until people of faith are driven out of this discourse, are made to cower, are made to be in fear of speaking their minds, of living up to their deeply held religious beliefs. They want us driven out. And make no mistake, this is not about private institutions, this is not about what happened in indiana, which dealt with private institutions, private companies. This is about using the mechanisms of government to accomplish the goal of driving people of faith out of the public square, making them retreat behind the four walls of their place of worship, no longer able to engage in commerce, no longer able to engage in anything that might be deemed discrimination. Mr. Speaker, all we are looking for here is reasonable accommodation of long-held, deeply held religious beliefs. The gentlewoman talked about -- made reference to a school. You know, we have a big school here in the commonwealth of Virginia, liberty university. And the students who attend liberty university get tuition assistance grants. It's not nearly enough to cover their education, but it helps. It's a public policy decision we made long ago to help students attending our private schools. And liberty university has rules, because it's a christian institution about who can live in their student housing, about same sex marriage, about living together outside of marriage, things that are not new concepts. They are unpopular in popular culture, but they are not new. And one can envision a time in the not-too-distant future where government will be used to punish places like liberty university, by saying guess what, unless you subscribe to that church of secular beliefs that I referred to yesterday on this issue, we're not going to help you anymore. Your tuition assistance grants are no longer available. That is one of potentially thousands of ways that the government could punish someone for not subscribing to this belief system. The gentleman mentioned foster care. You know Mr. Speaker, we had an issue that our patron not too long -- that I patron dollars that became law where -- patroned where we protected deeply held careties that provided adoptive services, because they provided the bulk of the services, because if we did away with them, if they did not subscribe to these beliefs, we would have done a great detriment to children seeking foster care placement and adoption.
[Unknown]
We know, those of us who believe in this and believe in this bill, know that there will be no stopping the forces that choose to make us cower and go away. And on my watch, Mr. Speaker, I will be proud to say I thought to keep the government from being used as a vehicle for making that happen. And so I would appreciate very much supporting that age-old principle of religious freedom that we enjoy here in Virginia. Thank you Mr. Speaker.
[Unknown]
[applause]
Bill Howell
The gentleman from Virginia beach, Mr. Taylor.
Scott Taylor
Thank you Mr. Speaker. Speaking to the bill?
Bill Howell
The gentleman has the floor.
Scott Taylor
Mr. Speaker, I feel compelled to stand and say something, and let me preface it by saying I fight for faith. I have deeply held beliefs and religious beliefs, and I appreciate the intent of the gentleman from Shenandoah. I appreciate what he is trying to do. I agree with what he is trying to do. But I do believe the bill is too broad and therefore I cannot support it. Thank you Mr. Speaker.
Bill Howell
The gentleman from Prince William, Mr. Marshall.
Bob Marshall
Speaking to the mesh sniewr.
Bill Howell
The gentleman has the floor.
Bob Marshall
Mr. Speaker, in 2015, when this fight in indiana which was attempting to pass a statute just like Virginia, it was curious to me that the governor invited some businesses there to come to a state that had a law that indiana was thinking of an article appeared in the passing. "new York times," an op-ed by frank greely entitled bigotry, the bile and lessons of indiana, and the gentleman, Mr. Bruny, cited a michael gold, a prominent gay thrill an throppist, he told me the church leaders must be taken sexuality off the list as warranted. Before I go further, I want to state, I have no ability to make a moral judgment on anybody. I have no window into anyone's soul, but I can look at laws and consequences. And that's as far as my ability to make judgment extends. God knows hearts. I don't. Mr. Speaker, the large success of the lbgt movement in pushing same sex marriage has come from the identity of these efforts with the civil rights movement. Now, there are stark differences between what happened to african-americans and what happened to persons who have same sex inclinations. Never were there literacy tests for people with those attractions, there were not separate schools assigned to such individuals, but never theless, that is how they have achieved some status Virginia is an employment at will state. You can be hired or fired for any reason. I'm curious how someone who is going to be able to identify an individual who is engaged in same sex behavior walking into a restaurant. For the life of me, I can't figure it out. I don't know how you would, quote, discriminate against such an individual. But I do know that there are efforts to condition participation in what the gentleman who said the public spare, upon the acceptance of this agenda pushed by I think a minority of those who supported same sex marriage. What is that about? Well, let's look at the other direction. Lbgt hiring and firing can work in two directions. Apple computer hired a 10 year alabama state representative, republican named jay love who was chairman of their taxing committee. He was to lobby for them. However, under the rubrick of a new tolerance, when apple found out that love, in fact, committed the social sin of opposing lbgt marriage, he was fired. Interestingly. Brendon ike, brilliant gentleman, founder of brazila, fire frost internet browser and inventer of the -- what is it, one of these computer languages, java script, committed a sin of donating $1000 to proposition eight. For his exercise of his first amendment rights, he was fired. Nobody ever claimed or could point out that he was in any sense biased against persons of the same sex attraction, but he was nevertheless fired. Science fiction writers, southern Virginia university professor, orson Scott card, a mormon, past member of the national organization, was eased out of dc comics, the superman project for his opposition to same sex marriage. Advocates of the new tolerance are definitely targeting catholic schools. A homosexual teacher at the catholic mount saint deselles academy in macon, georgia filed a lawsuit against the school which did no re -- did not renew his contract as a band teacher after the school discovered his plans to, quote, marry a man, a fact which is not in dispute. Month saint eselles which had posted its hiring policy included a willingness to hire individuals who experienced same sex attraction, however, when he was let go for his actions, not his inclinations, he filed a lawsuit with equal employment opportunity indeed the school had commission which held that discriminated against Mr. Dollar because of his sex. They include sexual stereotyping here. Another effort to purge catholic schools of their legitimacy is going on right now in massachusetts, at font bond cod -- academy, an all girls school in massachusetts run by the sisters of saint joseph, a state judge in December decided the school improperly descrim nated against a homosexual man when it rescinded an offer as a food services director after learning he was, quote, married to a man. Now, in the job application, he agreed to model catholic teaching in his life. He said he accepted that condition of employment. Well, he had second thoughts. He went back and he sued, and a judge went after the school and said even though there is supposed to be a religious exemption for such schools, you will have to pay this gentleman. What is disturbing is that the judge knew that he agreed to a model catholic teaching. Now, let's go to crystal dixon, young african-american woman, associate vice president for human resources at the public university of toledo. She wrote a letter, an op-ed in the toledo free press, and took issue with the claim that the civil rights struggle could be modeled for -- or the basis for hom sexual complaints. She said I differ with that. Well, her exercise of her first amendment rights proved very costly. She was fired because of the public position she took in her op-ed. Now, other employees criticized her her ace a bigot in the toledo paper. They were not disciplined. She was fired. She took her case to the federal courts. Sixth judicial circuit, Mr. Speaker. Agreed, yes, she should be fired. Mr. Speaker, this should be a two-way street, but it's not. There is an effort to wipe out from the public square any resemblance, any proposition which states this behavior is problematic, or is not beneficial to the common good. The tolerance is not extended to those of us who believe that. This is not live and let live. This is oppress under the name of discrimination. We are headed towards a circumstance in eastern europe where the 1940s p.50s and '60s, you could be a member of one of the professions, law, teaching, whatever, engineering, only if you were a member of the communist party. Now, this statute here attempts to prevent the conditioning in part of the issuance of a business license, of a professional license, on a subscription to a view that people find to be morally problematic. We've seen it all around the united states. Bakers are being fired -- I 'm sorry, sued successfully because they don't want to be complicit to be materially participating in actions that they find to be morally repugnant. That isn't good enough. You can't refuse to do this. You must be silenced or you will be sued. Now, that is not live and let live. Mr. Speaker, this body and the other body in this -- and this governor, if he really is tolerant should support the bill from the gentleman from Shenandoah .
Bill Howell
The gentleman from Arlington, Mr. Lopez.
Alfonso Lopez
Thank you Mr. Speaker, speaking to the bill?
Bill Howell
The gentleman has the floor.
Alfonso Lopez
George Washington 's letter to the hebrew congregations at newport island in 199 -- 1890 was three well chosen words but I think it's telling regarding this legislation. George Washington wrote for happily the government of the united states gives to bigotry no sanction to persecution, no assistance, and requires only they who live under its protection should demean themselves as good citizens and giving it on all occasions their effectual support. This legislation is an affront to Virginia being a welcoming climate especially for business. This should be an obvious no vote. Thank you Mr. Speaker.
[Unknown]
Shall the bill pass?
[Unknown]
Mr. Speaker?
Bill Howell
The gentleman from Shenandoah, perform Gilbert .
[Unknown]
I withdraw what was going to be my request, Mr. Speaker, now that everyone is in their seat.
[Unknown]
Shall the bill pass?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 56, nos 41.
[Unknown]
Ayes 56, nos 41, the bill is passed.
[Unknown]
Continuing on Page 49 of the printed calendar, House bills on third reading regular, next up, House bill 775, a bill to amend and reenact a section of the code of Virginia relating to the fantasy contests act, registration required, conditions of registration, penalty.
[Unknown]
Shall the bill pass?
[Unknown]
The clerk will close the roll.
[Unknown]
Ayes 79, nos 19.
[Unknown]
Ayes 79, nos 19, the bill is passed.
[Unknown]
House bill 783, a bill to amend and reenact a section of the code of Virginia relating to brandishing a firearm, law enforcement officer, penalty.
[Unknown]
Shall the bill pass?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 76, nos 23.
[Unknown]
Ayes 76, nos 23, the bill is passed.
[Unknown]
Turning to Page 50 of today's printed calendar, House bill 811, a bill to amend and reenact several sections of the code of Virginia relating to involuntary admission procedures.
[Unknown]
Shall the bill pass?
[Unknown]
The clerk will close the roll.
[Unknown]
Ayes 66, nos 32.
[Unknown]
Ayes 66, nos 32, the bill is passed.
[Unknown]
House bill 904, a bill to amend and reenact several sections of the code of Virginia relating to alcoholic beverage control, limited mixed beverage license for retail cigar shops.
[Unknown]
Shall the bill pass?
[Unknown]
The clerk will close the roll.
[Unknown]
Ayes 83, nos 12.
[Unknown]
Ayes 83, nos 12, the bill is passed.
[Unknown]
House bill 1053, a bill to direct the state corporation commission to evaluate the establishment of protocols for energy efficiency programs implemented by investor-owned electric utilities, report.
[Unknown]
Shall the bill pass?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 82, nos 15.
[Unknown]
Ayes 82, nos 15, the bill is passed.
[Unknown]
House bill 1069, a bill to amend and reenact several sections of the code of Virginia, repeal another, an an enactment clause, all relating to limitations on tolling, toll collection fees and penalties, period of nonpayment, notice of nonpayment.
Bill Howell
The gentleman from Prince William, Mr. Marshall.
Bob Marshall
Mr. Speaker, addressing the measure?
Bill Howell
The gentleman has the floor.
Bob Marshall
Thank you very much.
[Unknown]
Mr. Speaker, some people have asked me where is this money going to go from these tolls. Well, we don't need the tolls to widen a portion of 66 inside the beltway. The governor said he is going to do that with some federal money. Here's one place they're going to good, here's an article in the "Washington post," metro hires top bankruptcy lawyer to advise the agency on fixing its troubled finances. So the tolls are going to go to metro, which is in serious trouble, and has capital needs way beyond what Virginia can pay but boy we're going to try. Now, the the second part, I sent a freedom of information request to the administration, wanted to know the cost of the bridges that will be widened, necessarily have to be reconstructed, outside of the beltway. This was their answer or response, rather, December 4, 2015, please be advised that some of the records you have requested related to projected costs for widening bridges are exempt from disclosure under the code of Virginia to protect the negotiating position of vdot. Well, it doesn't say we're protecting the taxpayer. We are protecting the negotiating provision of and who are they negotiating vdot. With? Well, one or more of these companies who are going to do these tolls, trans urban is one of them that does these expensive penalties, and their american subsidiary, which will be operating this. I think they are headquartered in australia. None of the cost figures were made available. Now, the employees of vdot know it, but this body cannot know anything about that. Now, remember, Mr. Speaker, when you had these paid for, $17 tolls inside the beltway, well, what's coming, Mr. Speaker? Well, I 'll tell you what's coming. $61 tolls. From hey market and university boulevard in Prince William County, if you want to ride round trip all the way into d.C. But wait, no. It's not just $61. It might be $69. Where did I get these figures where? Thank you for asking. I looked at trans urban's website for the cost of these tolls on 95. Remember a couple of years ago, our colleague from Fairfax, with the abusive drivers' fees? A big controversy. Remember the fall of the controversy, over $17 a day tolls? What do you think virginians are going to think when they wake up and find out that this body is setting up conditions, and there will be a bond bill coming from the other side, for $69 a day tolls? What is the minimum wage? What is it, 7.25 an hour? A person making the minimum wage cannot drive on this road but for three days. They're going to be taken off the road. They don't have the money to do it. That's why I sometimes agree with people who talk about class warfare. Now, when this bill passes, there will be three lanes left for the commoners to use who don't have the money for the tolls. Two lanes will be here, 24/7, tolled. No exemption. Residents in northern Virginia were not told about this. They were not given the prices when the survey was taken. Even so, a majority opposed what was going on. If you don't want these signs in your next campaign, vote no to this bill.
Bill Howell
The gentleman from Fauquier, Mr. Webert.
Michael Webert
Thank you Mr. Speaker. Speaking to the measure?
Bill Howell
The gentleman has the floor.
Michael Webert
While the bill doesn't go as far as I would like it to in regard to stopping tolling on 66, I would like to think -- I would like everybody to think about this. What would happen if this bill doesn't pass? Northern Virginia, Loudoun, Fauquier ? Because right now, the bill has limits on 17, 28, seven, all these roads, if this bill doesn't pass, they can toll. So just think about that as you get ready to press hopefully green. While the bill doesn't go as far as I would like it to, it at least does put a limitation on the process. Thank you.
Bill Howell
The gentleman from Suffolk, Mr. Jones.
Chris Jones
Speaking to the measure?
Bill Howell
The gentleman has the floor.
Chris Jones
Mr. Speaker, as always, the gentleman from Prince William is very eloquent, doesn't always have his facts exactly correct, but he is close many times. He has talked about funding metro. Per the meeks case in 2012, the money has to stay in the corridor, and it's only for new transit. It cannot supplant existing funds in that corridor. To the gentleman's point in Fauquier, if you do not pass this bill, then you -- the limited access, which is going to be in the legislation, they would be able to toll many different parts of our highways and byways across the commonwealth so this limits the tolling. I with ask that you pass the bill.
[Unknown]
Shall the bill pass?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 85, nos 12.
[Unknown]
Ayes 85, nos 12, the bill is passed.
[Unknown]
Returning to the calendar, House bill 1174, a bill to amend and reenact the third enactment of chapter # 33 of the acts of the assembly of 2007 relating to the commonwealth's goal of reducing the consumption of
[Unknown]
Shall the bill pass? Electric energy. >>
[Unknown]
The clerk will close the
[Unknown]
Ayes 85, nos 11. Roll.
[Unknown]
Ayes 85, nos 11, the bill is passed.
[Unknown]
Turning to Page 52 of the printed calendar, House bill 1228, a bill to amend and reenact several sections of the code of Virginia relating to the department of professional and occupational regulation, boxing and wrestling events, sanctioning organizations.
[Unknown]
Shall the bill pass?
[Unknown]
The clerk will close the roll.
[Unknown]
Ayes 87, nos 12.
[Unknown]
Ayes 87, nos 12, the bill is passed.
[Unknown]
House bill 1261, a bill to amend and reenact a section of the code of Virginia relating to the authority of the state corporation commission to undertake safety activities concerning interstate gas pipeline facilities.
[Unknown]
Shall the bill pass?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 96, nos one.
[Unknown]
Ayes 96, nos one, the bill is passed.
[Unknown]
House bill 1288, a bill to amend and reenact several sections of the code of Virginia relating to the department of small business and supplier diversity, certification of employment services organizations, public procurement.
[Unknown]
Shall the bill pass?
[Unknown]
The clerk will close the roll.
[Unknown]
Ayes 99, nos, zero.
[Unknown]
Ayes 99, nos, zero, the bill is passed.
[Unknown]
Turning to Page 53, House bill 1291, a bill to amend and reenact several sections of the code of Virginia relating to the Virginia lottery, ticket courier services prohibited.
[Unknown]
Shall the bill pass?
[Unknown]
The clerk will close the roll.
[Unknown]
Ayes 96, nos three.
[Unknown]
Ayes 96, nos three, the bill is passed.
[Unknown]
House bill 1328, a bill to amend and reenact a section of the code of Virginia relating to unfaithful delegates, penalty.
[Unknown]
There are a lot of extensions on this one.
[Unknown]
[laughter]
[Unknown]
Shall the bill pass?
[Unknown]
The clerk will close the roll.
[Unknown]
Ayes 55, nos 41.
[Unknown]
Ayes 55, nos 41, the bill is passed.
[Unknown]
House bill 1350, a bill to amend and reenact a section of the code of Virginia relating to alcoholic beverage control, spirits tastings by distiller licensees.
[Unknown]
Shall the bill pass?
[Unknown]
The clerk will close the roll.
[Unknown]
Ayes 92, nos six.
[Unknown]
Ayes 92, nos six, the bill is passed.
[Unknown]
Turning to Page 54 of the today's printed calendar, House bill 1379, a bill to sections of the code of amend and reenact several Virginia relating to voter list maintenance, use of eric and the interstate voter registration cross-check program.
[Unknown]
Shall the bill pass?
[Unknown]
The clerk will close the roll.
[Unknown]
Ayes 64, nos 35.
[Unknown]
Ayes 64, nos 35, the bill is passed.
[Unknown]
House bill 602, a bill to amend and reenact a section of the code of Virginia --
[Unknown]
Mr. Speaker?
Bill Howell
The gentleman from Shenandoah, Mr. Gilbert.
Todd Gilbert
I rise for a motion?
Bill Howell
The gentleman has the floor.
Todd Gilbert
Mr. Speaker, I do apologize, having voted on the prevailing side by which we passed House bill 1328 on Page 53 of the printed calendar, I would move that we reconsider that vote. I saw somebody furiously pushing their button and it was not registering. Thank you Mr. Speaker.
Bill Howell
The gentleman from Shenandoah, Mr. Gilbert, moves having voted on the prevailing side by which we passed House bill 1328, we reconsider that vote. As many as favor that motion will say aye, those opposed, no. The motion is agreed to.
Todd Gilbert
Shall the bill pass?
Bill Howell
The clerk will close the roll.
Todd Gilbert
Ayes 56, nos 43.
[Unknown]
Ayes 56, nos 43, the bill is passed.
[Unknown]
Returning to Page 54 of the printed calendar, House bill 602, a bill to amend and reenact a section of the code of Virginia relating to petty larceny, prior convictions, penalty.
[Unknown]
Shall the bill pass?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 90, nos eight.
[Unknown]
Ayes 90, nos eight, the bill is passed.
[Unknown]
House bill 610, a bill to amend and reenact several sections of the code of Virginia relating to violations of protective orders, penalty.
[Unknown]
Shall the bill pass?
[Unknown]
The clerk will close the roll.
[Unknown]
Ayes 98, nos one.
[Unknown]
Ayes 98, nos one, the bill is passed.
[Unknown]
House bill 754, a bill to amend and reenact a section of the code of Virginia relating to domestic violence-related misdemeanors, enhanced penalty.
[Unknown]
Shall the bill pass?
[Unknown]
The clerk will close the roll.
[Unknown]
Ayes 96, nos two.
[Unknown]
Ayes 96, nos two, the bill is passed.
[Unknown]
House bill 765, a bill to amend and reenact a section of the code of Virginia relating to first offense assault and battery against a family or household member, enhanced penalties.
[Unknown]
Shall the bill pass?
[Unknown]
The clerk will close the roll.
[Unknown]
Ayes 99, nos, zero.
[Unknown]
Ayes 99, nos, zero, the bill is passed.
[Unknown]
Turning to Page 56 of the printed calendar, House bill 1114, a bill to amend and reenact several sections of the code of Virginia, chapter 213 of the acts of the assembly of 1960 which provided a charter for the city of Colonial Heights relating to the department of finance, director of finance, city manager and city treasurer.
[Unknown]
Shall the bill pass?
[Unknown]
The clerk will close the roll.
[Unknown]
Ayes 99, nos, zero.
[Unknown]
Ayes 99, nos, zero, the bill is passed.
[Unknown]
House bill 1361, a bill to amend and reenact a section of the code of Virginia relating to lobiest reporting, disclosure not required of certain persons attending entertainment events, emergency.
[Unknown]
Shall the bill pass?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 99, nos, zero.
[Unknown]
Ayes 99, nos, zero, the bill is passed.
[Unknown]
House bill 874, a bill to amend and reenact a section of the code of Virginia relating to credit unions, voluntary mergers.
[Unknown]
Shall the bill pass?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 93, nos six.
[Unknown]
Ayes 93, nos six, the bill is passed.
[Unknown]
House bill 1264, a bill to amend and reenact a section of the code of Virginia relating to the Virginia residential property disclosure act, representations related to covenants and restrictions affecting the property.
[Unknown]
Shall the bill pass?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 98, nos one.
[Unknown]
Ayes 98, nos one, the bill is passed.
[Unknown]
House bill 102, a bill to amend and reenact a section of the code of Virginia relating to felony homicide, certain drug offenses, penalty.
[Unknown]
Shall the bill pass?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 94, nos five.
[Unknown]
Ayes 94, nos five, the bill is passed.
[Unknown]
Turning to Page 58 of today's printed calendar, House bill 168, a bill to amend and reenact a section of the code of Virginia school buses, mailing of relating to passing stopped
[Unknown]
Shall the bill pass? Summons.
[Unknown]
The clerk will close the roll.
[Unknown]
Ayes 94, nos five.
[Unknown]
Ayes 94, nos five, the bill is passed.
[Unknown]
House bill 407, a bill to amend and reenact a section of the code of Virginia relating to designation of hov lanes on interstate 66.
[Unknown]
Shall the bill pass?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 98, nos, zero.
[Unknown]
Ayes 98, nos, zero, the bill is passed.
[Unknown]
House bill 1362, a bill to amend and reenact several Virginia relating to lobbyist sections of the code of reporting to state and local government conflict of interests agent and general assembly conflicts of interests act, annual filing of required disclosures, separate report of gifts.
[Unknown]
Shall the bill pass?
[Unknown]
The clerk will close the roll.
[Unknown]
Ayes 98, nos one.
[Unknown]
Ayes 98, nos one, the bill
[Unknown]
Turning to Page 59, House is passed. Bill 1068, a bill to amend and reenact a section of the a grant program for certain code of Virginia relating to shipbuilding facilities and activities.
[Unknown]
Shall the bill pass?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 98, nos, zero.
[Unknown]
Ayes 98, nos, zero, the bill is passed.
[Unknown]
Last bill on third reading regular calendar, House bill 1343, a bill to amend and reenact several sections of to the creation of a Virginia the code of Virginia relating growth and opportunity board, awarding of grants for certain research and development, technology, and economic development projects.
[Unknown]
Shall the bill pass?
[Unknown]
The clerk will close the roll.
[Unknown]
Ayes 91, nos seven.
[Unknown]
Ayes 91, nos seven, the bill is passed.
[Unknown]
Continuing with today's calendar, House bills with Senate amendments, House bills with Senate amendments. Page 59 of the printed calendar, first up, House bill 88, a bill to amend and reenact several sections of the code of Virginia relating to general registrars and members of electoral boards, annual training, office closures, passed the House February 3rd, passed the Senate with amendment on February 12.
Bill Howell
Gentleman from Spotsylvania Mr. Cole.
Mark Cole
Thank you Mr. Speaker, leang ofhe House, House 88 is the bill we passed earlier that dweels mandatory training for registrars. The Senate amendment was requested by the president of the registrar's association, and it simply says that if the registrar has an emergency and cannot attend the training they can designate someone in their office to attend and I hope we will accept the Senate amendment.
[Unknown]
Shall the Senate amendment be agreed to?
Mark Cole
The clerk will close the roll.
[Unknown]
Ayes 97, nos two.
[Unknown]
Ayes 97, nos two, the Senate amendment is agreed to.
[Unknown]
Turning to Page 60 of today's printed calendar, next up, House bill Senate amendment, House bill 205, a bill to amend and reenact a session of the code relating to election day program, permitted activities of participants, passed the House February 3rd, passed the Senate with amendment on February 12.
Bill Howell
The gentleman from Fauquier, Mr. Webert.
Michael Webert
Thank you Mr. Speaker, Mr. Speaker, I ask that the body accept the Senate amendment and the amendment basically states that the electoral board shall appoint a person to help -- essentially let the pages know what their responsibilities are.
[Unknown]
Shall the Senate amendment be agreed to?
Michael Webert
The clerk will close the roll.
[Unknown]
Ayes 99, nos, zero.
[Unknown]
Ayes 99, nos, zero, the Senate amendment is agreed to.
[Unknown]
Finally, Mr. Speaker, resolutions, regular calendar, resolutions, regular calendar, Page 60 of the printed version, first up, House joint resolution three, applying to the congress of the united states to call an amendment convention of the states pursuant to article v of the united states constitution limited to proposing amendments to the united states constitution that impose fiscal restraints on the federal government, limit the power and jurisdiction of the federal government, and limit the terms of office for its officials and for members of congress. Report from the committee on rules with amendments.
Bill Howell
The gentleman from Prince William Mr. Lingamfelter.
Scott Lingamfelter
Mr. Speaker, I move the committee amendments.
Bill Howell
The question is on adoption of the committee amendments, as many as favor that motion will say aye, those opposed, no. The committee amendment is agreed to, the gentleman from Prince William .
Scott Lingamfelter
Thank you Mr. Speaker. Mr. Speaker, House joint resolution three is a resolution we've heard now for two sessions. So we've heard just about every debate on one side or the other on whether or not to proceed. The resolution is an application to congress to call a convention of the states under the provision of article v of the united states constitution. To propose amendments to the united states constitution, to refrain from the abuse or to restrain the abuse of power by the federal government. The resolution has actually been modified from last year's version to include some explicit safeguards that we noted last year, but people preferred to see in the actual resolution. First is that congress' role in this is ministerial. If enough states send in application, they have to call a convention. The congress doesn't set the rules. And history has shown that in conventions past. There's a one-state, one vote rule, and that's always been the case. Even in ratification. The petition is limited to limiting federal power, and if they try to amend any of the bill of rights, this application becomes void, abinicio, which means like it doesn't exist. The general assembly, this general assembly, has the authority to instruct and recall delegates if they do not follow those and the gentleman from instructions. Rockbridge just passed a bill I think that makes it very clear that this body takes very seriously the charge those delegates would have. Finally, there's an amendment that has a sunset for 2016, and you will note that one of the other amendments is that the delegates representing not to support congressional Virginia will be instructed term limits, which was not the will of the committees as they came forward. And I am supportive of that. Mr. Speaker, we have debated this bill a lot. I don't want to trespass on the time of the House, but I do want to say a few things before we go to the board and vote. In 1973, I took an oath to the constitution of the united states to support and defend it from all enemies foreign and domestic. It was never my desire to actually go into combat, but I was prepared to do it, every day that I served. And I did. And I was prepared to die for this constitution. The criticisms that have come forward with respect to this resolution have been distorted and false. But those of us who support appropriating article v somehow want to do great violence to the bill of rights, and in particular, now, folks, you know me. The second amendment. I kind of support the second amendment. But those are the criticisms. Criticisms of fear. Let me tell you what I fear, Mr. Speaker. I fear the day will come when the balance in federalism is so out of kilter that every member in this chamber, democrat and republican alike, will worry as to whether or not states have the ability to do what states need to do to make the lives of the people they serve good I 'm very fearful of what's happening to the balance that our founders struck, and that we have, indeed, perfected over time, to include recognizing the rights of people that we excluded wrongly. This constitution has great resilience, but it has also been frayed, by court decisions and inaction and overreach. All together, somewhat contradictory. But I know this: last year, I had, we had, our first grandson, and the thought has crossed my mind, 10 or 15 years from now, when he is old enough to begin to understand some things, and if we don't take this action w. What will his world be what will the balance that like? Our founders wanted for true federalism look like? And when he asks me, granddaddy, what did you do during the great constitutional crisis? When our freedoms were threatened, I 'm going to say I thought back. -- I fought back.
Bill Howell
The gentleman from Prince William, Mr. Marshall.
Bob Marshall
May I address the resolution.
[Unknown]
Speaking to the measure.
Bob Marshall
The gentleman has the floor.
[Unknown]
Thank you Mr. Speaker. Mr. Speaker, I appreciate what I believe are the intentions of the gentleman from Prince William to address some of the -- what we both would agree are abuses, or directions that we won't want -- we don't want the country to go in, but I really question the method here. This is an article, several years ago, by a gentleman, Mr. Speaker, at one point, you co-authored in the article, randy barnett, a law professor at georgetown university. He says an amendments convention is feared because the scope cannot be limited in advance. The convention convened, a congress to propose amendments to the articles of confederation produced instead an entity differently, an entirely different constitution under which we now live, yet it is precisely the fear of a runaway convention that states can exploit to bring congress to heel. This is an article from the columbia, missouri newspaper, from last year, and it's referencing a state Senator, kirk schafer, who is proposing one of these amendments, conventions of state's project. He is talking about efforts to limit expenditures for campaigns and term limits. All right, balanced budget. He says these two propositions are not really exclusive. He says, quote, my feeling, I don't know about his judgments, but he is telling us about his feelings, is that once a convention is called, we will have to have some sort of grand bargain, such as the convention of '78. Now, Mr. Speaker, I 'm holding in my hand the ipad here which references a listing of convention applications, current, and if you go to the House of the representatives of congress, you can find this. This is a reference to a request for a balanced budget amendment to the constitution pursuant to article v. It was received by the clerk of the House in 2016. Well, when was this measure passed? It passed March seven, 1978, in their state House, and in their state Senate, April 28, 1978, so I guess the mail is a little slow from missouri, Mr. Speaker. Additionally, I asked congressman goodlot, who is chairman of the judiciary committee, do you have rules, standards, procedures, whatever, for counting, excluding or including applications for constitutional convention call. I wrote a letter to chairman goodlot, to chairman grassley, Senator from iowa. I didn't get a response from either of them. So I got to using my finger, made a phone call and talked to an assistant to goodman goodlat. They didn't want to put anything in print but they acknowledged they have no rules. It is totally wide open as to how these things will be counted. So Mr. Speaker, here's an application from 1978. Does this satisfy at least the decisions of the supreme court that actions must be somewhat contemporaneous? I don't think so. But the clerk of the House posted an application passed 37 years ago on the clerk of the House of representatives' website. Is this to be counted? Well, there's no indication. It just is there. Mr. Speaker, the original constitution was devised under the articles of confederation. Now, let's talk about what changes were there, how radical they were. The articles of con federal -- of confederation had term limits. This doesn't. Under the articles you could recall a member of congress. This doesn't. Under the articles you voted by state. This constitution doesn't, except for one condition, one circumstance. When you are voting for the electoral college. Nowhere else do you find a requirement that the members of the House resolve themselves in two states for purpose of voting and one state, one vote. Is there a -- their term of office changed, you were a congressman for one year, under the articles, for two years, a Senator for six years. The composition of the legislature under the articles was only a House of representatives. Under the new constitution, there was a House and Senate. States could form treaties, with the consent of congress. Virginia can't do that now. Nobody can. States could send ambassadors to foreign nations. Can't do that now. The direct taxing of citizens was not allowed. That is allowed under the new constitution. There was no judiciary under the articles other than the under the new constitution, congress. It's a separate judiciary. Disputes between the states were decided by congress under the articles. They are now decided by the supreme court. The militia was under the balance of state control. Here it May be federalized. More powers, congress, plus, 3/4 of the states. Now, it's just congress. Issuing bills of credit? Congress, plus 3/4 of the states. Under the new constitution, not specified, the greenbeing paper money was issued in the war between the states, the civil war, under the war powers. Borrowing money required congress under the articles, plus 3/4 of the states. Here, it's just congress. The size of the early and navy was determined by congress, plus 3/4 of the states. Here, it's determined by congress. A treaty or alliance was congress, plus 3/4 of the states. Under here, it's the Senate. An amendment was unanimous by congress and the states. Here, it's 3/4 of the states. Mr. Speaker, this is a significant shift in power. This was what was called simply amending the constitution. Even Mr. Madison acknowledged that they acted based upon the revolutionary powers asserted in the declaration of independence of the right of any people, and it's correct to change their government, but they clearly exceeded a number of the instructions. So while we just passed I think a life boat that's full of holes, I don't know that we can take any comfort in that bill. We have any number of legal experts on both sides of the ideological spectrum saying you cannot limit a convention. We are gambling with our future, much worse than holding elections for members of the House and the Senate. Mr. Speaker, there is no there's nothing certain about certainty here other than this. And to think that congress is going to form itself under the rule of the states, well, it's about a 1400 Page book which I have idle tile and I read these things. What is this? This is a hearing on constitutional convention procedures, November 29, 1979. Every bill that I saw for calling of a convention and the organizing of it was pursuant to the powers foring is to implement the enumerated powers. None of them had the constitutional convention or convention of -- amendments convention, organized by states, voting by states. It was voting by individual. The selection process was equal to the number of electorates from the state but that was it. But when you got to congress, you were on your own. Even Mr. Nadelson, one of these gentlemen who supports this, acknowledged that even if you formed yourself in states to get to this thing, and again, there's no resolution requiring that you form yourself by states, that the states are sending to congress, nor is it binding, you could change it once you're there. Mr. Speaker, this is a pit of uncertainty, even though there are genuine motives that I believe are of good will. We need not gamble with our constitution.
Bill Howell
Gentleman from Charlottesville, Mr. Toscano.
David Toscano
Thank you Mr. Speaker. Speaking briefly to the measure?
Bill Howell
Gentleman has the floor.
David Toscano
Thank you Mr. Speaker. Mr. Speaker, ladies and gentlemen of the House, the gentleman from Prince William has articulated some reasons for why we should do this, and let's just accept that he is right on his analysis. There are some of the points I agree with, some that I don't. The gentleman, the other gentleman from Prince William, has made some pretty cogent arguments as to why this would be dangerous, the risk of a runaway convention, the risks that we not only get rid of the second amendment but get rid of the first amendment. There are a lot of risks. But all I want to do is leave this chamber and see if you can answer this quiz, right? Your mission, should you decide to accept it, is to determine which supreme court justice articulated these words: quote, I certainly would not want a constitutional convention. Whoa, who knows what would come out of that? So the question is, is it justice ginsburg? Somebody will raise their hand on that one? Or justice antonin scalia? Thank you Mr. Speaker, I hope we will defeat the measure.
[Unknown]
Before I call on the next person, has anybody in here not made up their mind yet?
[Unknown]
[laughter]
Bill Howell
The gentleman from Fairfax, Mr. Lemunyon.
Jim LeMunyon
[captioning will continue momentarily]
[Unknown]
I would say that the problem with a trillion sounds like a billion and a million and a zillion. It is just almost unimaginable. But what is not unimaginable is who is going to pay the bill. Not us. Maybe our children. Maybe our grand children. This bill is too big for the current generation to pay. I would like to put this in context for a moment. Imagine if any one of us had the idea that during the course of our lives or maybe near the end of our lives we would run up some big credit card bills is big debts otherwise and when we die we will leave these to our kids, you can pay the bill. We had a good time and lived a good life, you afford it, you can cover it. That would be unthinkable. None of us would do that. I hear from people that understand state law that wouldn't be allowed to happen and that is a good thing. The unthinkable is what we to every day through the conduit of the government by allowing the number to keep increasing. There is only two groups of people in the united states that can stop it. 535 members of congress who could pass this amendment any time they want. They haven't decades. We had elesses and changes there. It hasn't happened. There is another group. 7,400 approximately state legislators. More than half have taken the step that this amendment would do to call for a convention and 27 states already called for this, for this purpose they are list the on lines 36 through 39. I respectfully suggest that we join them and take the step that needs to be taken because there is no third group in the united states somewhere that can do this. I will leave you with this thought. If it is not us, then who? If not now, when? I move adoption of the resolution.
Jim LeMunyon
Mr. Speaker I move the spending question.
Bill Howell
The gentleman from Henrico moves the question. All in favor say aye. Those opposed, no. Shall the resolution be adopted. The clerk will close the roll. Ayes 55, nos 44.
[Unknown]
Ayes 55, nos 44,.
[Unknown]
The resolution is a I don'ted.
[Unknown]
Mr. Speaker that completes today's crossover calendar.
[Unknown]
Does the clerk have any announcements or communications?
[Unknown]
Looking at today's committee meetings apparently all afternoon committee and sub committee and whatever meetings have all been canceled. Looking ahead to tomorrow, Wednesday morning, the day after crossover, February 17. Afterward county cities and towns, sub committee number one meeting at 7:30 a.M. In the 8th floor west conference room. At 8:00, the military veterans caucus meeting in the fourth floor west conference room over in the g.A.B. Women's healthcare caucus meeting as well at 8:00 a.M. In the third floor east Senate conference room. At 8:30, acnr committee on agriculture and natural resources meeting in c across the Hall. Education meeting at 8:30 in House room democratic. The appropriations general Yost and capital outlay meeting cancel the for tomorrow. After the two committee meetings at 8:30, the next sub committee meeting educations, elementary and secondary education sub committee meeting upon adjournment of the full committee in House room d. And then the democratic caucus at 11:30 in House room 2, the republican caucus at 11:30 in House room one and I would remind the body as well even though it is tomorrow afternoon there will be a refresher for incumbents, first year, sort of relatively new folks at the legislative process, changes, the differences, post crossover how we handle Senate measures and the Senate handles us and how we communicate at 3:30 tomorrow in House room d. Voluntary. The House clerk and Senate clerk's office and legislative services staff trying to make sure that everyone is fully aware of what is going on and has a successful second half of session.
[Unknown]
Mr. Cox.
[Unknown]
I move that the House adjourn to reconvene tomorrow at 12 noon.
[Unknown]
Moved that the House adjourn today to reconvene tomorrow at 12 noon. All in favor say aye. Those opposed, no. The ayes is have. >> Move the House do now adjourn. All in favor say aye. Those opposed, no. The motion is agreed to. The House stands adjourned until 12 noon tomorrow. [House adjourned] [House adjourned]