03/02/2016 House Proceedings

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Index

SB329—00:00:45
SB83—00:01:00
SB245—00:00:45
SB313—00:00:45
SB338—00:00:30
SB438—00:00:35
SB452—00:00:40
SB563—00:00:40
SB573—00:01:05
SB780—00:00:50
SB268—00:00:45
SB296—00:01:40
SB420—00:06:16
SB589—00:06:35
SB680—00:06:21
SB293—00:02:25
SB781—00:01:50
SB416—00:00:55
SB418—00:00:40
SB416—00:00:15
SB415—00:00:40
SB416—00:00:35
SB418—00:00:40
SB416—00:01:50
SB589—00:00:30
HB454—00:00:30
HB523—00:00:35
HB577—00:00:25
HB825—00:00:35
HB895—00:00:30
HB942—00:01:05
HB1020—00:00:35
HB1096—00:00:20
HB1234—00:01:30
HB1245—00:01:05
HB1273—00:00:50
HB1377—00:01:35
SJ35—00:00:36
SJ58—00:00:35
SJ63—00:01:50
SJ85—00:00:50
SJ88—00:00:45
SJ97—00:00:30
HJ336—00:00:15
HJ347—00:00:50
SJ80—00:01:05
HB131—00:01:50
HB29—00:00:40
HB30—00:00:40
HB298—00:08:06
HB339—00:00:55
HB775—00:00:30
HB859—00:01:00
HB1305—00:00:50
HR188—00:17:41
Del. Kirk Cox (R-Colonial Heights)—00:20
Sen. Lionell Spruill (D-Chesapeake)—04:30
Del. Scott Lingamfelter (R-Woodbridge)—01:45
Del. Margaret Ransone (R-Kinsale)—00:00
Del. John O'Bannon (R-Richmond)—01:00
Del. Lamont Bagby (D-Richmond)—01:25
Del. Mark Levine (D-Alexandria)—06:30
Del. Dickie Bell (R-Staunton)—00:50
Del. Cia Price (D-Newport News)—04:25
Del. Rich Anderson (R-Woodbridge)—00:30
Del. Alfonso Lopez (D-Arlington)—00:20
Del. Todd Gilbert (R-Woodstock)—00:15
Del. David Toscano (D-Charlottesville)—00:05
Del. Chris Stolle (R-Virginia Beach)—00:10
Del. Steve Landes (R-Weyers Cave)—04:10
Del. Lee Ware (R-Powhatan)—00:20
Del. Steve Landes (R-Weyers Cave)—02:00
Del. Bob Purkey (R-Virginia Beach)—00:10
Del. Scott Lingamfelter (R-Woodbridge)—01:05
Del. Mark Cole (R-Fredericksburg)—00:55
Del. Lee Ware (R-Powhatan)—00:30
Del. Mark Cole (R-Fredericksburg)—00:20
Del. Lee Ware (R-Powhatan)—00:16
Del. Mark Cole (R-Fredericksburg)—00:20
Del. Lee Ware (R-Powhatan)—00:05
Del. Mark Sickles (D-Alexandria)—01:00
Del. Lee Ware (R-Powhatan)—00:05
Del. Mark Sickles (D-Alexandria)—00:55
Del. Jimmie Massie (R-Richmond)—00:20
Del. David Toscano (D-Charlottesville)—01:05
Del. Jimmie Massie (R-Richmond)—00:05
Del. David Toscano (D-Charlottesville)—00:15
Del. Jimmie Massie (R-Richmond)—00:05
Del. David Toscano (D-Charlottesville)—01:25
Del. Jimmie Massie (R-Richmond)—01:00
Del. Chris Jones (R-Suffolk)—00:00
Del. Jimmie Massie (R-Richmond)—00:00
Del. Kirk Cox (R-Colonial Heights)—00:15
Del. David Toscano (D-Charlottesville)—00:10
Del. Kirk Cox (R-Colonial Heights)—00:05
Del. David Toscano (D-Charlottesville)—01:55
Del. Ben Cline (R-Amherst)—00:15
Del. David Toscano (D-Charlottesville)—00:10
Del. Ben Cline (R-Amherst)—00:10
Del. David Toscano (D-Charlottesville)—00:00
Del. Kirk Cox (R-Colonial Heights)—00:30
Del. Bob Marshall (R-Manassas)—00:15
Del. Scott Lingamfelter (R-Woodbridge)—03:50
Del. Chris Jones (R-Suffolk)—01:05
Del. Bob Marshall (R-Manassas)—00:15
Del. Chris Jones (R-Suffolk)—00:05
Del. Rip Sullivan (D-Arlington)—00:00
Del. Chris Jones (R-Suffolk)—00:25
Del. Todd Gilbert (R-Woodstock)—00:05
Del. Jimmie Massie (R-Richmond)—00:05
Del. Buddy Fowler (R-Ashland)—00:20
Del. Glenn Davis (R-Virginia Beach)—00:05
Del. Jim LeMunyon (R-Oak Hill)—00:20
Del. Roxann Robinson (R-Chesterfield)—00:10
Del. Chris Stolle (R-Virginia Beach)—00:10
Del. Tag Greason (R-Potomac Falls)—00:10
Del. Tony Wilt (R-Harrisonburg)—00:35
Del. Tag Greason (R-Potomac Falls)—00:20
Del. Michael Webert (R-Marshall)—00:05
Del. Scott Lingamfelter (R-Woodbridge)—01:10
Del. Bob Purkey (R-Virginia Beach)—00:40
Del. John O'Bannon (R-Richmond)—00:25
Del. Jim LeMunyon (R-Oak Hill)—00:25
Del. Lee Ware (R-Powhatan)—00:30
Del. Kirk Cox (R-Colonial Heights)—00:00
Del. Chris Stolle (R-Virginia Beach)—00:05
Del. Steve Landes (R-Weyers Cave)—00:35
Del. Mark Cole (R-Fredericksburg)—00:05
Del. Steve Landes (R-Weyers Cave)—00:15
Del. Mark Cole (R-Fredericksburg)—00:00
Del. Steve Landes (R-Weyers Cave)—00:30
Del. Chris Jones (R-Suffolk)—00:15
Del. David Yancey (R-Newport News)—00:05
Del. Eileen Filler-Corn (D-Fairfax Station)—00:00
Del. Cia Price (D-Newport News)—00:05
Sen. Lionell Spruill (D-Chesapeake)—00:05
Del. Steve Landes (R-Weyers Cave)—00:10
Del. Bobby Orrock (R-Thornburg)—00:20
Del. Rob Bell (R-Charlottesville)—00:35
Sen. Jennifer McClellan (D-Richmond)—01:10
Del. Kirk Cox (R-Colonial Heights)—00:25
Del. Chris Jones (R-Suffolk)—02:00
Del. Terry Kilgore (R-Gate City)—00:10
Del. David Toscano (D-Charlottesville)—05:55
Del. Terry Kilgore (R-Gate City)—01:11
Del. Brenda Pogge (R-Williamsburg)—00:25
Del. Jackson Miller (R-Manassas)—00:05
Del. Steve Landes (R-Weyers Cave)—00:25
Del. Jackson Miller (R-Manassas)—00:15
Del. David Toscano (D-Charlottesville)—00:15
Del. Kirk Cox (R-Colonial Heights)—02:05
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Minutes

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

Mace placed on Speaker's table by Sergeant at Arms

Prayer offered by The Reverend Dr. Tyrone Jackson, Jr., Pastor, First Baptist Church Campostell, Norfolk

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 Pillion

Journal for Tuesday, March 1, 2016, approved by the Speaker

Senate communication received
House bills passed with Senate amendments: HBs 66, 136, 448, 516, 1094, 1127, 1231
House bills, Senate insisted on substitutes and requested conference committees: HBs 681, 752
Senate bills, House substitutes rejected: SBs 120, 253
Senate bill, Senate acceded to House request for conference committee: SB 544
House bills passed: HBs 118, 248, 342, 535, 584, 750, 782, 813, 903, 1115, 1142, 1250, 1311, 1329
House bill, Governor's recommendation agreed to: HB 104
Senate bills, House amendments agreed to: SBs 7, 71, 339, 342, 392, 423, 425, 427, 543, 567, 590, 743
Senate bills, House substitutes agreed to: SBs 133, 368, 443, 466

Committee reports
From Commerce and Labor: SBs 374, 607, 748S
From Education: SB 734S
From General Laws: SBs 24 (referred), 39S, 126, 154, 204, 237A, 294A, 337S, 352A, 377, 418A, 517S, 578S, 579S, 645S, 695A, 704, 758

SBs 120, 253 - House insists on substitute and requests Committee of Conference

HBs 681, 752 - House accedes to Senate request for Committees of Conference

HB 332 - Conferees appointed: Miller, Cline, Tyler

HB 646 - Conferees appointed: Aird, Orrock, Farrell

HJR 69 - Conferees appointed: Loupassi, Cox, Toscano

HJR 84 - Conferees appointed: Stolle, Cox, Toscano

HJR 97 - Conferees appointed: Yancey, Cox, Plum

HJR 112 - Conferees appointed: Landes, Cox, Toscano

SB 544 - Conferees appointed: Miller, Cline, Tyler

Motion by Delegate Levine to adjourn in honor and memory of Crystal Hamilton agreed to

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

CALENDAR

SENATE BILLS READ THIRD TIME
UNCONTESTED CALENDAR
SB 293 - Moved to Regular Calendar
SB 329S - Committee Substitute agreed to, Passed Block Vote (Y-99 N-0)
SB 781 - Moved to Regular Calendar
SB 83A - Committee Amendment agreed to, Passed Block Vote (Y-99 N-0)
SB 245 - Passed Block Vote (Y-99 N-0)
SB 313 - Passed Block Vote (Y-99 N-0)
SB 338A - Committee Amendment agreed to, Passed Block Vote (Y-99 N-0)
SB 438 - Moved to Regular Calendar
SB 452 - Passed Block Vote (Y-99 N-0)
SB 563 - Passed Block Vote (Y-99 N-0)
SB 573S - Committee Substitute agreed to, Passed Block Vote (Y-99 N-0)
SB 776 - Moved to Regular Calendar
SB 780 - Passed Block Vote (Y-99 N-0)

SENATE BILLS READ THIRD TIME
REGULAR CALENDAR
SB 268A - Committee Amendments agreed to, Passed (Y-97 N-0)
SB 296S - Committee Substitute agreed to, Passed (Y-99 N-0)
SB 420 - Passed (Y-85 N-14)
SB 407 - Passed by for the day
SB 224 - Passed by for the day
SB 458 - Passed by for the day
SB 589S - Committee Substitute agreed to, Passed (Y-64 N-34), Reconsidered, Passed (Y-64 N-35)
SB 680A - Committee Amendment agreed to, Passed (Y-65 N-32)
SB 293A - Delegate Lingamfelter floor amendments agreed to, Passed (Y-99 N-0)
SB 781 - Delegate Lingamfelter floor substitute agreed to, Passed (Y-99 N-0)
SB 438 - Passed by for the day
SB 776 - Passed by for the day

SENATE BILL
REGULAR CALENDAR
SB 416S - 3rd Constitutional reading dispensed (Y-99 N-0), Committee Substitute agreed to, Passed (Y-90 N-8)

HOUSE BILLS WITH SENATE AMENDMENTS
HB 773 - Passed by until Thursday, March 3, 2016
HB 36 - Senate amendment agreed to (Y-62 N-35)
HB 90 - Senate amendment agreed to (Y-99 N-0)
HB 97 - Senate substitute agreed to (Y-98 N-0)
HB 213 - Senate amendment agreed to (Y-99 N-0)
HB 279 - Senate substitute agreed to (Y-99 N-0)
HB 382 - Senate amendment agreed to (Y-65 N-34)
HB 454 - Senate amendment agreed to (Y-93 N-6)
HB 523 - Senate amendment agreed to (Y-99 N-0)
HB 577 - Senate substitute agreed to (Y-99 N-0)
HB 825 - Senate substitute agreed to (Y-96 N-2)
HB 895 - Senate substitute rejected (Y-2 N-97)
HB 942 - Senate substitute with amendment agreed to (Y-85 N-13)
HB 1020 - Senate amendment agreed to (Y-99 N-0)
HB 1096 - Senate amendment agreed to (Y-65 N-33)
HB 1234 - Senate amendments agreed to (Y-66 N-32)
HB 1245 - Senate amendment agreed to (Y-97 N-2)
HB 1273 - Senate amendments agreed to (Y-98 N-1)
HB 1377 - Senate amendment agreed to (Y-62 N-36)
HB 1383 - Senate substitute agreed to (Y-99 N-0)

RESOLUTIONS
UNCONTESTED CALENDAR
SJR 35 - Agreed to Block Vote (Y-99 N-0)
SJR 58S - Committee Substitute agreed to, Agreed to Block Vote (Y-99 N-0)
SJR 63S - Committee Substitute agreed to, Moved to Regular Calendar
SJR 85S - Committee Substitute agreed to, Agreed to Block Vote (Y-99 N-0)
SJR 88 - Moved to Regular Calendar
SJR 97S - Committee Substitute agreed to, Agreed to Block Vote (Y-99 N-0)
HJR 336 - Agreed to Block Vote (Y-99 N-0)
HJR 347 - Agreed to Block Vote (Y-99 N-0)

RESOLUTIONS
REGULAR CALENDAR
SJR 80 - Agreed to (Y-65 N-33)
HJR 372 - Agreed to (Y-97 N-0)
SJR 63S - Passed by for the day
SJR 88 - Passed by for the day

HOUSE BILL WITH GOVERNOR'S VETO
HB 131 - Veto sustained by House (Y-57 N-42) [required 66 affirmative vote to override veto]

SENATE BILLS READ SECOND TIME
UNCONTESTED CALENDAR
SB 61
SB 625S
SB 710

SENATE BILLS READ SECOND TIME
REGULAR CALENDAR
SB 179
SB 246A
SB 360A
SB 440S
SB 515A
SB 669S

SENATE JOINT RESOLUTIONS REFERRED
SJR 157 - Referred to Committee on Privileges and Elections
SJR 158 - Referred to Committee on Privileges and Elections

Motion by Delegate Cox to recess agreed to

House recessed at 1:55 p.m. until 3:45 p.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
The House will come to order. Members please take your seats. Sergeant at arms.
Bill Howell
The House is now in session, all persons not entitled to privileges on the floor, please retire to the gallery.
Bill Howell
The members will rise and be led in prayer by the Reverend Dr. Tyrone jackson junior, pastor, first baptist church Norfolk and remain standing for the pledge of allegiance to the united states of america led by gentleman from Colonial Heights Mr. Cox.
Kirk Cox
God of all creation, we come together to give you honor and praise. You're worthy of all of the praise and you are the source of all that is good and all of our blessings. Thank you for every gift we have been given. Thank you for the opportunity to come and gather on this day. We ask you would guide us and direct us on this day for that it is full of wisdom, protectivity. Help us accomplish our goals this day. It is in your name we pray. Together we say, amen. [ reciting the pledge of allegiance ]. >> Members will answer the roll call by indicating their presence on the electronic voting board. Clerk will close the roll.
[Unknown]
Mr. Speaker, a quorum is present.
Kirk Cox
I have examined and approved the journal for the House of delegates. Motions and communications are now in order.
[Unknown]
Communication from the Senate. The Senate for a committee on conference on Senate bill 544.
Bill Howell
Gentleman from Colonial Heights, Mr. Cox.
Kirk Cox
Can I approach for a second? I didn't have that one. I apologize.
[Unknown]
I didn't, either.
Kirk Cox
He did the wrong one.
[Unknown]
Okay.
[Unknown]
Do over.
[Unknown]
Communication from the Senate, Senate rejected the House amendments to Senate bill 120 and 253.
Bill Howell
Gentleman from Colonial Heights, Mr. Cox.
Kirk Cox
Mr. Speaker, I move the House insist on its amendments and request a committee of conference.
[Unknown]
Those in favor say aye. Opposed, no. That motion agreed to.
Kirk Cox
Senate also has communicated they insisted on their amendment to request a committee of conference on House bill 752.
Bill Howell
Gentleman from Colonial Heights, Mr. Cox.
Kirk Cox
I move the House exceed the House for the legislation.
[Unknown]
Those in favor say aye, opposed no. The motion is agreed to.
Kirk Cox
The speaker appoints on the behalf of the House, conferrees for House bill 332 delegates Miller, Cline and Tyler. And House bill 646 speaker April points delegates Aird, Orrock and Farrell. For conferrees on House joint resolution 69, the speaker appoints delegates Loupassi, Cox, and Toscano. For House joint revolution 84 delegates Stolle, Cox, and Toscano. For House joint resolution 97, the House appoints delegates Yancey, Cox, and Plum. House joint resolution 112 delegates Landes, Cox, and Toscano. Finally, the speaker appoints House conferrees on Senate bill 544 delegates Miller, Cline and Tyler. Mr. Speaker, I 'd advise the body, today is the last day on action of budget bills, revenue bills and we'll have to have those bills in conference committees before we finish business today.
[Unknown]
Thank you.
Bill Howell
Gentleman from Chesapeake, Mr. Spruill.
[Unknown]
Mr. Speaker, I rise for the purpose of an introduction and rise for a point of personal privilege.
Bill Howell
Gentleman May proceed.
[Unknown]
Mr. Speaker, members of the House, I would like to introduce Reverend tyrone jackson junior who gave our prayer today, Dr. Jackson is the pastor at the first baptist church in Norfolk. He's a graduate of john koler community community and received a master's of divinity from Virginia union university. I ask the House give my friend a home welcome, please. Mr. Speaker, and members of the House, I would like to speak to honor a woman during women's history month who is known to just about everybody in the united states, especially if you have watched tchl v lately. The woman's name is hillary, diane, rodham clinton. Regardless of your political belief I 'm sure you will agree that hillary has been, and continues to be the most well-known woman in our country today. She's best known for her work in the last 25 years as the first lady of the united states. Senator from new York, secretary of state under president barack however, I 'd like to tell you obama. About little hillary diane clinton who grew up in the suburbs of illinois. Raised in the united methodist family. Her father, a small business owner, her mother, a home maker. She and her two brothers grew up in a middle class family. As a child she participated in sports, and swimming, baseball, earned numerous degrees as a brownie and girl scout. She participated in student council, the school newspaper and national honor society. She was raised in a political conservative household. And while a freshman at wellsly college, she majored in political science, and was president of the wellsley young republicans. I know. The reason I tell you about hillary clinton early years is because her beginnings sound like many other youngsters. She was a typical young girl who had support of her family and encouraged to see to tell all she can be in life. Hillary's passion and drive comes from a foundation of her family, and her community who inspired her to achieve her dream. I have to tell you about her passion and her work. For childrens defense league. Of the civil rights movement and passion for all human rights. All of that will be seen in the many, many profiles being done on her as she seeks the office of commander in chief of the united states of america. Hillary will be remembered in our history as one of the most-famous of our time. However, I would tell you to be inspired as she inspired and encouraged to promote young women and men to be the best they can to achieve their dreams. Hillary clinton inspires all as they continue to do -- be a force for those without a voice. She has been to support men and women. So today, I 'm especially honored to participate and pay tribute to a great woman in history. My personal friend, the honorable hillary rodham clinton. Thank you very much.
Bill Howell
For secretary of state if hillary were to win. Gentleman from frins william m lingmafelter.
[Unknown]
Mr. Speaker, I rise for an
Bill Howell
Gentleman has the floor. Announcement.
[Unknown]
Mr. Speaker, this week will be the last week the sportsman's caucus will meet during this session and our presentation from the department of gaming and fisheries tomorrow will cover an issue that is important to everyone of you, which is how license sales are going in Virginia with respect to hunting and fishing because it's a real indicator of the health of the important sporting activity and so if you have an interest in seeing that, or asking questions about how we can improve license sales, and do a better job of reaching to youth here in Virginia and encourage them to take up hunting and fishing I invite you to attend. We're going to be talking about a disease that we were going to talk about a couple weeks ago, but were delayed, that is chronic wasting disease. It's a very serious disease among the white tail population in certain parts of the country. In Virginia it has been contained in the upper northwest of the state but there are certain best practices we should be following in our communities like not feeding bambi. That is how this disease is transmitted, when deer who are diseased eat food that people have put out because they want to be nice to the deer and a healthy animal eats out of the same dish or whatever, that disease is communicated. And it threatens the species in ways that will destroy the species in certain states. And so if you have an interest, I encourage you to come. It's a serious issue. And believe me, if it breaks out wide spread in Virginia you'll be hearing a lot about it. Thank you, Mr. Speaker.
Bill Howell
Gentlewoman from Westmoreland, miss Ransone .
Margaret Ransone
I'd like the journal to reflect my seat mate is away on pressing personal business.
[Unknown]
Mr. O'bannon.
Margaret Ransone
Thank you, Mr. Speaker, rise for the purpose of an introduction.
Bill Howell
Gentleman May proceed.
[Unknown]
I am going to ask the dvs folks stand up on the left side. Mr. Speaker, earlier this year we passed a commending resolution for colonel don kaiserman, the gentleman on the right whose nickname is the silver fox. We watched these folks get well organized, we have the jlc and we have moaaa. Colonel kaiserman has done his time and we're commending him, but I want to acknowledge other folks that work hard for our veterans. Commissioner numan and john hatfield with the war memorial and steve combs has been a long time member of dvs. Two days ago you, Mr. Speaker, you gave the key note of the 60th anniversary of the war memorial and we appreciate it and we had a great time. And welcome, thank you all.
Bill Howell
We're honored to have the members with us today and we thank you for all of your service, past and continuing to the commonwealth and to our country. Thank you. Gentleman from Henrico, Mr. Bagby.
Lamont Bagby
Mr. Speaker I rise for the purpose of an omnibus introduction.
Bill Howell
Gentleman May proceed.
Lamont Bagby
Today we have members of the community from the rolling for freedom foundation and a number of individuals from the community and they're calling this community day at the g 8. This effort is crafted by community radio one. It's a nonpartisan advocacy group that hosts events that many of you have probably been to, including voter registrations and gubernatorial and Senate and House of delegates and all kinds of elections forms. The focus is making sure that we have informed yet engaged and with us, we have not only community. Community clova with us but we also have pam mann, who many of you May remember from voting for the bill jp law and we have some friends from Delegate, of Delegate Torian. If I can have the gentlemen from epsilon chapter up. I would like you to join me in welcoming them for community day and give them a House, a warm House welcome.
Bill Howell
Delighted to have the members sharing community day with us today, thank you for your time at the capitol. The gentleman from Alexandria, Mr. Levine.
Mark Levine
Thank you, Mr. Speaker, I rise for a motion and a point of personal privilege.
Bill Howell
Gentleman May proceed.
Mark Levine
I move the House adjourn in the memory of crystal Hamilton, the 29-year-old woman shot dead by her husband last Saturday night, leaving behind an 11-year-old son. According to her sister, wendy howard, crystal Hamilton was vivacious, dedicated and hopeful and gave back to her community, working as a counselor to military veterans in the wounded warrior project. I move we adjourn in her memory.
Bill Howell
Gentleman from Alexandria move the House adjourn in the honor and memory of crystal Hamilton. That motion is agreed to.
[Unknown]
Thank you, Mr. Speaker. I, like I think everyone in the chamber was saddened by the tragic incident that happened last weekend. And frankly I wasn't planning to talk about it. Until I read about the request of her sister, wendy howard. Wendy howard saw this tragedy as also an opportunity as a platform for people who know women and for women who have been battered, her experiencing mental abuse, physical, verbal and emotional abuse to come forward. She said this is your opportunity. Don't hide it from your family, don't hide it from your friends. If you know of people going through the same thing that my sister, I 'm sure was going through and never said anything about it, don't be afraid. This is your opportunity. Mr. Speaker, almost 20 years ago, on August 15, 1996, my sister was murdered by her husband. She was 33 years old. She left behind two children, my niece and nephew. Aged six and age two. And you would think that the worst thing that could happen to parents would be to lose their daughter the way my daughter did. They lost my sister. 33 seems so young now, she was my older sister at the time. But we went through further trauma after that, Mr. Speaker. It took us ten years to get justice. I'm glad to say the killer is now serving a 50-odd year sentence in a tennessee penitentiary. It took us ten years. He ran to mexico. He took my niece and nephew with him. Ladies and gentlemen of the House, I worked hard to get my sister's children back. We went to court. There was a statute in tennessee that said that in matters of child abuse, you can take a child away from an abusive parent. We got a court ruling back that said the murder of my sister, these childrens' mother was not child abuse. There was no evidence that the children had been physically harmed. We tried to explain to the court you can beat a child Black and blue, and you don't do as much damage as taking away his mother. But the court said nope. That is not child abuse. The reason I speak today as I 've been reading about the 11-year-old son of crystal Hamilton, his mom was killed on his birthday. His 11th birthday. He came home, found his parents arguing, his mother told him to run. He saw his father pick up and throw his mother, if you ran down the stairs he heard gunshots. He ran as fast as he can, to his neighbor's House. Mr. Speaker, the person today that has custody of that 11-year-old boy is the accused. He's behind bars, that is one step toward justice, like I said, it took us ten years, I 'm glad he's behind bars. He's the same man that brutally killed officer ashley gwendon and shot other two police officers and I don't know whether it's gone through the court or not. I tried to find out. I don't know. But apparently he still has custody according to one news report and gave them to his family. Similar thing happened in my my sister's murderer gave the case. Kids to his family. And indeed, his father, it's a long, sordid story, you can read it, tried to kill my parents. It's an awful story. But the point is that murderers don't make good dads. I think that is pretty obvious. And so, the very first bill I wrote was in a tennessee legislature. I argued murderers don't make good dads and they should take that into account in a custody decision. I'm proud to say that bill passed tennessee legislature unanimously. Democrats controlled one House, republicans, the other House, the governor is republican. It wasn't partisan and ten years later when we got my former brother-in-law brought to justice, that legislation helped bring my niece and nephew home, they've been raised by my parents and they're doing well today, I 'm very, very proud of that. But, Mr. Speaker when I see this happening in Virginia, I tell myself, we need better laws. Again, I don't know whether the court held it or not, but I have a bill that died in committee that said if you're a killer, we should take that into account in determining whether you have custody of children. I am going to bring that bill back up next year and I 'm going to ask all of you to help me. This isn't some theoretical point. This is real. This 11-year-old boy should be in the custody of his mother's family, this 11-year-old boy needs to grow up safe and sound, and to survive this horrific incident. When he saw this happened and read the parallels to my own family, I thought I had to speak out today, thank you, Mr. Speaker.
Bill Howell
The gentleman from stanton, Mr. Bell.
[Unknown]
Mr. Speaker, rise for the purpose of an introduction.
Bill Howell
Gentleman May proceed.
[Unknown]
Mr. Speaker, ladies and gentlemen of the House, joining us in the gallery and House room are parents, students and teachers from the Virginia virtual academy. I ask you to stand if you're in the gallery. And this is a k-seven school providing kids with a world class education online. It has certified teachers, a high-quality curriculum and students that participate. These parents, teachers and students are here today to promote the expansion of virtual education in the commonwealth. In their own way, Mr. Speaker, they're making the commonwealth great again. I would ask them to -- I ask you give them a warm House welcome.
[Unknown]
Delighted to have the visitors here for the virtual school, I hope you're experiencing in it. Thank you for being here today.
Bill Howell
The gentlewoman from Newport News, miss Price .
Cia Price
Mr. Speaker, rise for a point of personal privilege.
Bill Howell
Gentlewoman has the floor.
Cia Price
Thank you, Mr. Speaker. I would like to talk about the role of womens' voices in the context of legacy. For years, womens' voices are silent. But brave woman fought back and their lives send us messages of hope, courage, and conviction. One of those women made a bold statement on this day, 61 years ago. Her family was claudette colvin. She was just 15 years old. On March 2, 1955, she was the first person arrested for resisting bus segregation in Montgomery, alabama. After getting on the bus, the bus started to fill with white passengers and claudette was supposed to get up. When confronted she used her voice to fight for her constitutional rights, she was charged with assault and battery, disorderly conduct and defying the segregation law. Her family was upset because her actions opened them up to potential repercussions from the kkk. As she recalled, I just couldn't move, history had me glued to my seat. Nine months later rosa parks, not the tired seamstress, but the courageous protestor, refused to give up her seat. This has become shared struggles of heroism. Claudette was not celebrated as the symbol of the movement she got her day in court the next year, in 1965, during broader versus gail, when she was the star witness for the case that ended public transportation segregation in alabama. Despite her age, she used her voice to insist upon her humanity. We can add names to this list of women like Augusta savage, susan b anthony, alice walker, fannie lou hamer, and the list goes on and on. They used their voices to speak life, and justice, for all. Fast forward to our new century. We'd like to think a lot of progress has been made, in some senses, progress has been made. We have the chance to use our voice against sexist, racist and violent speech in public discourse. We have the chance for each of us to be a loud voice against hate. We have the chance to step up like young Morgan and her colleagues that protested at a rally. We can step up and use our voices like victims of sexual assault and lbgtq youth who testified in this body. The next generation of leaders is looking for us in solidarity in the fight against current injustices. Ladies and gentlemen of this distinguished body, it is the hope in celebrating women's history month we honor those brave women who have had to shape our nation, and our commonwealth. They have become our moral compass, and messengers when we fall short of the ideals on which this country was founded. Those women who risked their lives to highlight injustice. Let us be ever mindful of their messages, lest we repeat some of the tragic mistakes of history. Think of our children and messages we send. Do our words and actions tell them we believe in them? Do they say we care about their futures and being protected under the law sf if our actions do not match up to messages of hope, encouragement, and quality, and match up to the ideals for which our country was founded, equally, for all, men, May they take the lessons of those women and speak up until we listen. Thank you, Mr. Speaker.
Bill Howell
Gentleman from Prince William, Mr. Anderson.
Rich Anderson
Mr. Speaker I rise for an announcement.
Bill Howell
Gentleman has the floor.
Rich Anderson
Mr. Speaker, ladies and gentlemen of House, a reminder of a flyer that all of you should have received, tonight, at 6:00 p.M., will be prior service night. It is pitched for those who have worn a uniform, the general assembly caucus issues a warm invitation to all members to attend. It is an open House sort of event. You May drift in and drift out. At your convenience. It will be beginning at 6:00 p.M. And run through 8:00 p.M. At rosie connelly's pub and restaurant. We look forward to welcoming everyone this evening, thank you.
Bill Howell
Gentleman from Arlington, Mr. Lopez.
Alfonso Lopez
Thank you, Mr. Speaker. I rise for the purpose of an introduction.
Bill Howell
Gentleman has the floor.
Alfonso Lopez
Thank you, Mr. Speaker. Ladies and gentlemen of the body today we're joined by a group of future leaders from the Virginia department of behavioral health and developmental services. They're part of a department called system lead that is designed to give broad exposure to the competency necessary to be a successful leader. The program ensures that well qualified candidates are prepared and ready to assume key leadership positions in the I ask you give them a warm House future. Welcome. Thank you.
Bill Howell
Pleased to have visitors with us today. Thank you for coming to the capitol. Gentleman from Shenandoah, Mr. Gilbert.
Todd Gilbert
Thank you, Mr. Speaker, I rise for the purpose of a request and a motion.
Bill Howell
Gentleman May proceed.
Todd Gilbert
I request following bills be moved to regular calendar, Page one, sfat bill 293, Page two, Senate bill 781, and on Page five, Senate bill 776.
[Unknown]
Thank you.
[Unknown]
Then, a motion, Mr. Speaker. I move that the following bills go by for the day. On Page five of the printed calendar, Senate bill 776, on Page seven, Senate bill 224, and Senate bill 407. Page eight, Senate bill 458.
Bill Howell
Gentleman from Charlottesville, Mr. Toscano.
David Toscano
Will the gentleman yield?
[Unknown]
I want to confirm today is the last day to do revenue bills, none of the bills are revenue bills, are they?
David Toscano
Mr. Speaker, to the best of my knowledge they are not.
[Unknown]
Thank you, Mr. Speaker.
[Unknown]
Are there further motions or resolutions under rule 39?
[Unknown]
Calendar for the Virginia House of delegates for today, Wednesday, March 2, 2016. First category bills on third reading uncontested calendar. 13 bills in the third reading uncontested block. 293 moved to regular calendar. First bill on the block, Page two, Senate bill 329 a bill to amend and reenact various section of the code of Virginia, repeal one another relating to dvu authority with a substitute.
Bill Howell
Gentleman from Virginia beach, Mr. Stolle.
Chris Stolle
Mr. Speaker, I move the committee substitute.
Bill Howell
The questions on adoption of the committee substitute, those in favor say aye. Opposed, no. Substitute agreed to. Gentleman from Virginia beach.
Chris Stolle
Thank you, Mr. Speaker, Senate bill 329 is similar to Delegate O'Quinn 's House bill which passed and Senate bill 329 changes membership and duties of the bbu board. I move the bill pass.
[Unknown]
Senate bill 781 moved to regular calendar. Continuing with the block, uncontested, Senate bill 183 a bill related to campus police, mutual aid agreements memorandum of understanding with an amendment.
Bill Howell
Gentleman from Augusta, Mr. Landes.
Steve Landes
Thank you, Mr. Speaker. First I 'd like to move the committee amendment.
Bill Howell
Those in favor say aye. Opposed, no. Amendment is agreed to. Gentleman from Augusta .
Steve Landes
Thank you, Mr. Speaker. Mr. Speaker, Senate bill 83 requires all mutual aid agreements required between public and private institutions prior to education and other law enforcement agencies to specify the proceed your for sharing information. The amendment basically removes the requirement that mou specify law enforcement agency as a primary responsibility for the law enforcement agency that has the primary responsibility for the investigation. Mr. Speaker, I move the House pass the bill.
[Unknown]
Continuing with the block, on Page three, Senate bill 245, a bill to amend the code of Virginia relating to dual enrollment agreement, high school he kwifl -- equivalent.
[Unknown]
Thank you, Mr. Speaker, it requires each community college to enter into agreement was local school divisions they serve to facilitate dual enrollment into a career pathways program, preparing for students to pass high school examinations and a certification or license attainment program. I ask that, I move the House pass the bill.
[Unknown]
Senate bill 313 a bill to amend and reenact section of the code of Virginia relating to the Virginia college building authority projects, participating institutions.
Bill Howell
Gentleman from Augusta, Mr. Landes.
Steve Landes
Thank you, Mr. Speaker Senate bill 313 permits any organization exempt from the federal income taxation and is owned or controlled by a public institution of a higher education or support and benefit higher education in Virginia to finance projects through the Virginia college building authority. Mr. Speaker, I move the House pass the bill.
[Unknown]
Continuing, Senate bill 338 a bill to amend the code of Virginia related to student study abroad program was an amendment.
Steve Landes
Gentleman from Augusta, Mr. Landes.
Steve Landes
First, I 'd like to move the committee amendment.
Bill Howell
Those in favor say aye. Opposed, no. The amendment agreed to. Gentleman from Augusta .
Steve Landes
Thank you, Mr. Speaker, Mr. Speaker, ladies and gentlemen of the House, Senate bill 338 districts the state council of higher education to develop guidelines for study abroad programs. I move the House pass the bill.
[Unknown]
Turning to Page four of the printed calendar, continuing with Senate bills on third reading uncontested block, Senate bill 438 a bill to amend and reenact section of the code of Virginia relating to public institutions of higher education, social media accounts, disclosure.
Bill Howell
Gentleman from Augusta, Mr. Landes.
Steve Landes
Thank you, Mr. Speaker, Senate bill 438 prohibits a public or private institution of higher education from requiring a student to disclose the user name or pass word to any of the students' personal or social media accounts. I move the House pass the bill.
[Unknown]
Senate bill 452 a bill to amend the code of Virginia relating to medical school, clinical rotations.
Steve Landes
Gentleman from Augusta, Mr. Landes.
Steve Landes
Mr. Speaker, and ladies and gentlemen of the House, Senate bill 452 requires any institution of higher education that awards medical degrees to create and support one clinical rotation in hospital or clinic located in the medically under served area of the state determined by the Virginia department of health. In an area of the state that has an unemployment rate of 1 and 1 and a half times the state average, or locality with less than 50,000. Mr. Speaker, I move that the House pass the bill.
[Unknown]
Continuing with the block, Senate bill 563. A bill to amend and reenact section of the code of Virginia relating to sales and use tax exemption, materials and equipment used to drill natural gas and oil.
Steve Landes
Mr. Ware.
[Unknown]
Thank you, Mr. Speaker, Mr. Speaker, ladies and gentlemen of the House, Senate bill 563 which did not have a House counter part will extend from the current sunset of July of this year owe July 2022, a 20 plus year policy of excepting sales and use tax on materials and equipment used to drill for natural gas and oil. I ask the House to pass the bill.
[Unknown]
Continuing on Page five of the printed calendar, Senate bill 573 a bill to amend and reenact section of the code of Virginia relating to part time teacher permits. With a substitute.
[Unknown]
Mr. Landes?
[Unknown]
Mr. Speaker, first, I 'd like to move the committee substitute.
[Unknown]
Substitute agreed to.
[Unknown]
Mr. Speaker, ladies and gentlemen of the House, with the substitute we have conformed Senate bill 573 to House bill 279. This districts the board of education to provide for assistance of temporary, part time teacher permits to qualified professionals with expertise in career and technical education areas who are recommended for the permit by employing school divisions. Mr. Speaker, I move the House pass the bill.
[Unknown]
Mr. Speaker?
Bill Howell
Gentleman from Salem, Mr. Habeeb.
Greg Habeeb
Mr. Speaker, on Page four, of the printed calendar, sb 438 could that go to regular calendar and by for the day?
Bill Howell
Without objection, regular calendar and by.
Greg Habeeb
Continuing with the block. Senate bill 776 has been moved to regular calendar and taken by for the day. Accordingly, final bill in the uncontested block, Senate bill 780 to amend and reenact section of the code of Virginia relating to information on a parent's election to provide home instruction.
Bill Howell
Gentleman from Augusta, Mr. Landes.
Steve Landes
Thank you, Mr. Speaker, Senate bill p -- 780 provides that a local school board May provide to provided certain information provided by the parent or student regarding the parent's election to provide home instruction in lieu of school attendance or claims of a religious exemption. I move the House pass the bill. This is the last of these education bills.
Bill Howell
Shall the bills pass? Clerk will close the roll.
Steve Landes
Aye, 99, no, 0. The bills are passed.
[Unknown]
Continuing with the calendar, next category of bills on third reading regular calendar. Page six, first up, Senate bill 268 a bill to amend and reenact section of the code of Virginia and repeal two others relating to criminal and civil penalties for animal disease violations. With amendments.
Bill Howell
Gentleman from Virginia beach, Mr. Knight.
Barry Knight
Mr. Speaker, I move the committee amendments.
Bill Howell
The questions on adoption of committee amendments. Those in favor say aye. Opposed, no. Amendments are agreed to. Gentleman from Virginia beach.
Barry Knight
Mr. Speaker, it allows for civil penalties up to a thousand dollars, now, only recourse is criminal prosecution. Mr. Speaker, I move the House pass the bill.
Bill Howell
Shall the bill pass? The clerk will close the roll.
[Unknown]
Aye, 97, no, 0, the bill is passed.
[Unknown]
Senate bill 296 a bill to amend and reenact section of the code of Virginia relating to special conservers of the Peace. With a substitute.
Bill Howell
Gentleman from Prince William, Mr. Lingmafelter.
[Unknown]
Thank you, Mr. Speaker, I move the committee substitute.
Bill Howell
Those in favor say aye. Opposed, no. The substitute is agreed to. Gentleman from from Prince William .
[Unknown]
Thank you, Mr. Speaker, Mr. Speaker, the senators under lying bill requires that a special conservatory of the Peace as part of background check requirements for appointment for temporary registration as a conservatory of the Peace must submit a application of criminal history. Rather than requiring the application to go to courts, it now will go to dcjs as part of the initial process. Additionally, both introduced bill and the substitute precludes those who are otherwise prohibited from transporting, possessing or purchasing a firearm to be eligible for registration as a special conservatory of the Peace who as you May or May not know have special police authority. That is what the substitute does. I move we pass the bill.
Bill Howell
Shall the bill pass? Clerk will close the roll.
[Unknown]
Aye, 99, no, 0. The bill is passed.
[Unknown]
Page seven of the printed calendar, Senate bill 420 relating to information required on application reporting to the committee of privileges and elections.
Bill Howell
Gentleman from Spotsylvania, Mr. Cole.
Mark Cole
Thank you, Mr. Speaker, this bill on voter registration form when someone has been a felon and had rights restored, they're required to state that yes, they've had the rights restored and provide the date. Requirement that the date be this would remove the provided, and they'd still have to state that they've had their rights restored and the department of elections says the date is no longer required. And it does the same thing for mental incapacity. If someone has been adjudicated that has been mentally incapacitated and ineligible to vote, they've had to state they've had their voting rights restored but would not have to provide the date of that decision. I hope it will be the will of the body to pass the bill.
Bill Howell
The gentleman from Powhatan, Mr. Ware.
Lee Ware
Mr. Speaker, will the gentleman yield?
[Unknown]
I yield.
Lee Ware
Gentleman yields.
[Unknown]
I ask the gentleman, he's indicated that the date is going to be dropped up. I note three words, also, stricken from the bill, at least one that I have on line 21. Incapacitated, disqualified or convicted of a felony, and if so, the word stricken are under what circumstances it has been restored. And that is replaced by the word whether. Could the gentleman explain to me what the purport of that change is?
[Unknown]
Mr. Speaker, I would say it's not a significant change in practice. The way it works now is that department of elections has a list of felons who had rights restored and whenever they register to vote they're checked against that list. If they're on list they're allowed to register to vote regardless of the circumstances for that restoration.
[Unknown]
Will the gentleman yield?
[Unknown]
I yield.
[Unknown]
Gentleman yields.
[Unknown]
Mr. Speaker, it is perplexing to me because that phrase seems to be a substantive phrase. If I understood the gentleman correctly those set of circumstances were not even considered prior to this?
[Unknown]
Mr. Speaker, I would say that is my understanding. I and that again, regardless of the circumstances of how rights have been restored they'd be on the restored voting lights list.
[Unknown]
Mr. Speaker, my, I 'm not clear Delegate Sickles May be able to speak to this question.
[Unknown]
Will the gentleman yield?
[Unknown]
Gentleman yields.
[Unknown]
I'm asking the same question. I know the gentleman is familiar with this. Could you clarify this? So I can understand it? We did pass this bill yesterday but on that form now, it says have you ever been judged -- sorry. You're on the felony. They've never asked a circumstances because they have asked you for a form now up until this point is the date. You can see that number four on the form I just handed to you. And the date whenever was restored, technology has overcome the need to remember the exact date. 10 or 15 years ago. It's in the electronic books we have now. And they've never asked on this form what the circumstances are. So I think that is a little bit of a code clean up on the the governor does the circumstances. Restoration of rights under our system. And the voter registration form is only ever asked for the date and this bill would just not require the date anymore because it's in the system. So, Mr. Speaker, one final question in a sense, I think I 'm getting a point.
[Unknown]
Will the gentleman yield?
[Unknown]
I yield.
[Unknown]
Gentleman yields.
[Unknown]
So all though the language has been in the code we have not observed it as far as memory goes?
[Unknown]
Mr. Speaker, I am not sure that the department of electrics would agree that it's never been observed because I think it's true that we've never asked for them to write a paragraph on the circumstances on the form. I think it's true that all we've had is this form that has the date only. If, yes, the question is have you ever been convicted of a felony, if yes, have voting rights been restored, yes or no. If yes, when restored and there are blanks and it's just, this is a little bit of a clean up because a reasonable person will probably not remember that date. So circumstances could be many things and the department of elections never really asked that.
[Unknown]
Thank you Mr. Speaker.
Bill Howell
Shall the bill pass? The clerk will close the roll.
[Unknown]
Aye, 85, no, 14. The bill is passed.
[Unknown]
Mr. Speaker, Senate bills 407, 224 and 458 have been taken by for the day. The next bill is relating to the education of proven scholarships tax credit program. Reporting to the committee on finance with a substitute.
Bill Howell
Gentleman from Henrico, Mr. Massy.
[Unknown]
Thank you, Mr. Speaker, I move the committee substitute.
[Unknown]
Those in favor say aye. Opposed no. Substitute is agreed to.
[Unknown]
Thank you, Mr. Speaker. The committee substitute makes this identical to my House bill which made changes to the education improvement scholarship legislation and Mr. Speaker, the bill passed this House to give everybody a Head 's up, I move the bill pass.
[Unknown]
Shall the bill pass?
[Unknown]
Mr. Speaker?
Bill Howell
Gentleman from Charlottesville, m Toscano .
[Unknown]
Will the gentleman yield? Gentleman yields.
[Unknown]
I ask the gentleman, I thank him first for providing me information about how much money has been used and is my understanding correct there is a yearly cap on the tax credits and $6 million has been used recently? Every year?
[Unknown]
The program just got started in January and the program doubled and we expect $25 million to be used up in a 2 or 3 year time frame.
[Unknown]
I ask the gentleman, there is a pro vision to take out a requirement of a certain report related to use of a scholarship by disabled people and people under certain income levels. Can the gentleman explain why that is taken out of legislation?
[Unknown]
That when conformed to that bill, it didn't have that.
[Unknown]
Mr. Speaker, will the gentleman yield for one more question?
[Unknown]
I yield.
[Unknown]
Gentleman yields.
[Unknown]
Mr. Speaker, I would ask the gentleman, he understand changes here, a person would be able to take the deduction in the second or third year. Am I correct about that?
[Unknown]
The gentleman is incorrect about that and this requires the donation be rewarded on the same year the donation is made.
[Unknown]
Yes, Mr. Speaker, and ladies and gentlemen of the House. I would again remind the body this is a tax credit, it's a tax preference which means that it runs on auto pilot. If it is $6 million being claimed in a year, it's $6 million out of our budget getting transferred to the person who gets the benefit of the credit. If it's $25 million, which as gentleman said he hopes to get to, it will be $25 million taken out each year. This will not be under our discretion, I encourage the body to think carefully about that and say this credit is designed as I recall it, I might be incorrect it was designed to help people who were disabled have access to another educational opportunity that they won't necessarily have access to in public schools. Yet in the substitute here this takes the requirement out and I hope you vote no.
[Unknown]
Speaking to the bill.
[Unknown]
The gentleman is correct on revenues but leaves out a important point. Yes, when someone gives $100,000 to a scholarship foundation they get a $65,000 tax credit. 90% of that is required to go to a scholarship foundation. And that is why the state is making money. So we're costing us $65,000 in tax credits and on savings side, the state is saving money. $90,000. I have the number and the state is making $25,000 and secondly, the program was never designed to benefit just disabled kids. It was benefited for moderate and low income kids, and disabled kids. So the gentleman is wrong on that point. So, Mr. Speaker, I move the bill pass.
Bill Howell
Gentleman from Suffolk, Mr. Jones.
Chris Jones
Will the gentleman yield for
[Unknown]
I yield. A question?
Chris Jones
I ask the gentleman is this in the same form as your bill which left the House ?
[Unknown]
It is.
[Unknown]
I just wanted to make sure.
[Unknown]
It is identical to House bill 1017 which passed this body on the fourth day of February, 66-32.
[Unknown]
I thank the gentleman.
Bill Howell
Shall the bill pass? Clerk will close the roll.
[Unknown]
Aye, 64, no, 34. The bill is passed. And House bill 620, a bill to -- 680, Page eight, bill to amend the code of Virginia relating to the general assembly, fiscal impact statements for executive orders with an amendment.
Bill Howell
Gentleman from Colonial Heights, Mr. Cox.
Kirk Cox
Mr. Speaker, I move the committee amendment.
[Unknown]
Those in favor say aye, opposed, no. The amendment is agreed to.
Kirk Cox
Sb 680 requires at the request of the chairman of the committee of the Senate or House review an order issued by the governor and prepare a impact statement. Staff providing copies of the statement to the requesting chairman only, not the committee members or amendment. And so that is what the bill does. I hope it will be the pleasure of the thousands pass the bill.
Bill Howell
Gentleman from Charlottesville Mr. Toscano.
David Toscano
Will the gentleman yield for a question?
[Unknown]
I yield.
David Toscano
Gentleman yields.
[Unknown]
Mr. Speaker, I ask the gentleman does he know how many executive orders were issued by governor mcdonald and about how many by governor mcauliffe.
[Unknown]
I do not but we gave jlark the ability to do this with legislation and I think it makes sense.
[Unknown]
Mr. Speaker, speaking to the bill.
Bill Howell
Gentleman has the floor.
[Unknown]
Thank you, Mr. Speaker. Mr. Speaker, ladies and gentlemen of the House with his bill, authorizing the chair of any committee of the House or Senate, and I don't know how many there are, but there are a number of them. To ask j lark to pass an executive order. I'm not sure how many have been issued by this governor but I know there have been at least 50. You can multiply that by how many chairs and I believe that governor mcdonald issued almost the same number, if not more. So there is a potential for the work load to be increased. Admittedly, some executive orders are routine and nobody is going to ask about them. And some aren't. Beyond that, these are executive orders. This is something the governor does. It's the providence of the every time we turn around, we want across separation of powers line. What is good for the goose is good for the gander and the same thing can happen when you have a republican governor. Let governors issue their executive orders. If we don't like the executive executive. Orders we'll pass registration that says you can't do that. Let's say we're not going to impose more burdens on j lark who is behind on doing studies we have authorized them to do and do more studies just because we don't like them. Thank you.
Bill Howell
Gentleman from rock ridge, Mr. Cline.
Ben Cline
Mr. Speaker, will the gentleman yield for a question.
[Unknown]
If I can get up, yes, I will yield.
Ben Cline
Mr. Speaker, I 'm pleased to know he's interested in the separation of powers. Is he not aware that they give us order that's have nothing to do with the executive branch?
[Unknown]
Mr. Speaker, I think I 'm, I think they're required to do that and I think we have had that practice for years and it helps us figure out what we're going to do with legislation thchl is very different. This has to do with having j lark do a study of an executive order we're not considering passing.
[Unknown]
Mr. Speaker, would the gentleman yield for another yes?
[Unknown]
Yes, sir, I will.
[Unknown]
Gentleman yields.
[Unknown]
Won't be it responsible as keepers of the purse of the taxpayer commonwealth to exercise some oversight over the actions of the executive branch as the gentleman stated what is good for the goose is good for the gander?
[Unknown]
I would say it's perfectly appropriate to extend oversight and we do that through we don't just say any chairman legislation. Can ask j lark to do a study. We put a bill in and we go through the legislative process and see if the bill passes. That is the way it works down here, I hope we can keep it that way.
[Unknown]
I thank the gentleman. Heights Mr. Cox.
Bill Howell
Gentleman from colonial
[Unknown]
Mr. Speaker, if I can speak to the bill.
[Unknown]
Mr. Speaker, j lark does studies which are of course very impactful but take a lot of staff work. This is simply, if you look at the language, it says potential impact of state government. This is nothing more than if you would do for a bill. J lark was asked the question whether or not they can absorb this and they said they could. I would say we're talking about transparency in this body. Seems like an obvious thing you'd want to know for republican and democratic governors. I hope the House will pass the Senate .
Bill Howell
Gentleman from Prince William, Mr. Marshal.
Bob Marshall
Speaking to the measure.
Bill Howell
Gentleman has the floor.
Bob Marshall
The gentleman from Charlottesville raised the option that this May burden j I with call attention to the lark. Members that this passed the other body whose name will not pass by lips by 40-0. Presumably, some members of j lark voted for this and did not think it was an excessive burden.
Bill Howell
Shall the bill pass? Clerk will close the roll.
[Unknown]
Aye, 65, no. 32. The bill is passed.
[Unknown]
Mr. Speaker, returning to Page one of the regular, of the printed calendar. Senate bill 293, moved to regular calendar. It is a bill to amend the code of Virginia relating to Virginia national guard morale, welfare and recreation program and Mr. Speaker there is a floor amendment. William.
Bill Howell
Gentleman from prince
[Unknown]
Mr. Speaker, I request we take up the floor amendment.
[Unknown]
Floor amendments to the engrossed version of Senate bill 293 offered by Delegate lingmafelter. There are two. Online, number 31, after the word program, insert the word and and on line 32, after the word program, strike the remainder of line 32 and through the word assembly, on line 33.
Bill Howell
Gentleman from Prince William .
[Unknown]
Thank you, Mr. Speaker. Mr. Speaker, the amendment amends the under lying bill which establishes a morale, welfare and recreation program and fund to provide leisure and lodging opportunities for guardsmen and their families and employees of the department of military affairs and their families and other users of department facilities. What the amendment does is removes from the bill any potential that there would be a general fund appropriation of this sort of stuff. This would have to come from other sources from outside state government. This is a way we can make sure we're not on the hook to do this stuff. Nwr funds are found throughout the active military force and so, this would be something similar foir a guardsman but not funded by your tax dollars. So Mr. Speaker, I move the amendment.
[Unknown]
Mr. Speaker?
Bill Howell
Gentleman from Charlottesville, Mr. Toscano.
David Toscano
Mr. Speaker, will the gentleman yield?
[Unknown]
I yield.
David Toscano
Mr. Speaker, I ask the gentleman has he told the patron about the floor amendments?
[Unknown]
Mr. Speaker, I have discussed the matter in detail with the patron of the bill who is supportive of the amendment.
[Unknown]
Thank you, Mr. Speaker.
[Unknown]
The those in favor say aye. Opposed, no. Floor amendment is agreed to. I move we pass the bill.
[Unknown]
Mr. Speaker?
Bill Howell
Shall the bill pass? Clerk will close the roll.
[Unknown]
Aye, 99, no, 0. The bill is passed.
[Unknown]
And turning to Page two of the printed calendar, returning to Page two, Senate bill 781 moved to regular calendar. A bill to amendment of code of Virginia relating to lobing yool correctional facilities, transport of prisoners. And there is a floor substitute distributed and availabling
Bill Howell
Gentleman from prince online. William. Take up the floor substitute.
[Unknown]
Yes, sir.
[Unknown]
Mr. Speaker, I move the floor substitute. Do you want me to explain it first?
[Unknown]
That would be good.
[Unknown]
This clarifies that a person authorized to transport a
[Unknown]
Mr. Speaker, I request we prisoner May only transport the prisoner into a jurisdiction outside of the commonwealth and retear authority if allowed by the state that they're entering and the original draft is silent on this flar issue and for years, Mr. Speaker, sheriffs have been transporting prisoners here in Virginia across state it was the desire of the lines. Sheriffs to clarify this in the code of Virginia which this bill does. And the substitute addresses the condition where a sheriff might have to transport a prisoner outside of Virginia and it would have to be consistent with that stage. So I move we accept the floor substitute.
Bill Howell
The question is on on adoption of the floor substitute. Proposed by the gentleman from Prince William, those in favor say aye. Opposed, no.
[Unknown]
Mr. Speaker, I move we pass the bill.
Bill Howell
Shall the bill pass? Clerk will close the roll.
[Unknown]
Aye, 99, no, 0. The bill is passed.
[Unknown]
Mr. Speaker, direct that we turn to Page 28 of the printed calendar. Page 28, Senate bill 416.
Bill Howell
Gentleman from Suffolk ,
[Unknown]
Mr. Speaker? Mr. Jones.
[Unknown]
I ask we take out of order Senate bill 416 on Page 28 and that we would dispense with the constitutional third reading.
[Unknown]
Shall the motion be agreed to? Aye 99, no, 0.
[Unknown]
Senate bill 456 related to limited lodging act with a substitute.
[Unknown]
I move the committee substitute.
[Unknown]
Those in favor say aye.
[Unknown]
This is known as air bnb bill. The substitute adds, well, first adds a reenactment clause this must be reenacted during next year's session of the general assembly and districts the housing administration to establish a work group providing state and local officials, property owners and other interested parties related to framework set forth and also, adding on Page two into local, what localities can do, they can adopt ordinances, etc. This will put the bill in a posture that should be accepted by the other body. And I just digress, this is like the lia duty act and there was a work group on that issue. I thank the body.
[Unknown]
Mr. Speaker?
[Unknown]
Gentleman from Prince William, Mr. Marshal.
Bob Marshall
Will the gentleman yield for a question?
[Unknown]
I yield.
Bob Marshall
Gentleman yields.
[Unknown]
Mr. Speaker, I understand the gentleman said there is a reenactment clause. The gentleman indicated there are action that's were to take place by official bodies of the commonwealth. How do we compel these bodies to undertake certain actions?
[Unknown]
Mr. Speaker, I should have been more specific, my wife gets on me about that. First of two sections will have to be reenacted. The fourth has housing commissions in it. Thank you for the question.
[Unknown]
Thank you.
Bill Howell
The gentleman from Fairfax Sullivan .
[Unknown]
Will the gentleman yield for a quick question?
[Unknown]
The gentleman yield for a quick question?
[Unknown]
How quick?
[Unknown]
I'm looking at the provisions of the act should be effective September 1, 2016, before our next session?
[Unknown]
What line are you referencing?
[Unknown]
If I 'm in the right bill it's line 161?
[Unknown]
I've got reenactment clause, let's see.
[Unknown]
Is the gentleman looking at Senate version or House substitute?
[Unknown]
I think the Senate version. If everyone else is comfortable with this, I am, too. I just wanted to make sure there wasn't a typo in there.
[Unknown]
Yes. It should be House substitute which is a number on that.
[Unknown]
I did promise a short question, Mr. Speaker, I apologize.
[Unknown]
This will not occur until December 1, 2016. They have to report back to us for consideration during 2017 session.
[Unknown]
I thank the gentleman.
[Unknown]
You're welcome.
Bill Howell
Shall the bill pass? Clerk will close the roll.
[Unknown]
Aye, 90, no. Eight. The bill is passed.
[Unknown]
Mr. Speaker?
Bill Howell
Gentleman from Shenandoah, Mr. Gilbert.
Todd Gilbert
Mr. Speaker, having voted on the prevailing side for which we passed bill 589 I move we reconsider that vote so a member can properly record their vote.
Bill Howell
Mr. Gilbert moves that having voted on the prevailing side we reconsider that vote. Gentleman from Henrico, Mr. Massy, speaking to the motion?
[Unknown]
Yes, sir. Quickly. This is my House bill is almost a straight party line bill, Head 's up.
[Unknown]
Those in favor say aye. Opposed no. The motion is agreed to. Shall the bill pass? Clerk will close the roll.
[Unknown]
Aye, 64, no. The bill is passed. 35.
[Unknown]
Continuing with today's calendar, Page nine of the printed version, Senate bills with Senate amendments. Sorry. House bills with Senate amendments. Apologize. House bill 773 taken by until Thursday, tomorrow, March 3rd. So, first up, House bill 36, a bill relating to 12th grade government courses in public high schools, civic portions of the u.S. Naturalization tests.
Bill Howell
The gentleman from stanton, Mr. Bell.
[Unknown]
Thank you, Mr. Speaker, Mr. Speaker, ladies and gentlemen of the House, this amendment simply removes the designation 12th grade so the bill will address them as government courses and I would ask that we accept the amendment.
Bill Howell
Shall the Senate amendment be agreed to? The clerk will close the roll.
[Unknown]
Aye, 62, no, 35.
[Unknown]
The Senate amendment is agreed to.
[Unknown]
Continuing with House bill Senate amendments, House bill 90 a bill to amend the code of Virginia relating to possession ofguns. The bill passed House February 4th and with amendment on 29th.
Bill Howell
Gentleman from Virginia beach, Mr. Taylor.
Scott Taylor
Thank you, Mr. Speaker. The Senate amendment strike the words mission impairment and insert would otherwise impair the mission. I ask we accept the Senate amendment. Thank you.
Bill Howell
Shall the Senate amendment be agreed to? The clerk will close the roll.
Scott Taylor
Aye, 99, no, 0. The amendment is agreed to.
[Unknown]
Turning to Page 10 of the printed calendar, continuing, House bill Senate amendment, 97 a billno. 0. The Senate substitute is agreed to.
[Unknown]
Turning to Page 11 continuing, House bill 382 a bill to amend and reenact related to control of firearms, rights of employees.
Bill Howell
Gentleman from Hanover, Mr. Fowler.
Buddy Fowler
Thank you, Mr. Speaker. House bill 382 has it left this body excluded only the port of Virginia. I offered the amendment to the courts committee which excluded the department of corrections and institutions of higher education from the bill. Hope it will be the pleasure of the House to accept the Senate amendments.
Bill Howell
Shall the Senate amendment be agreed to? Clerk will close the roll.
Buddy Fowler
Aye 65, no, 34. The Senate amendment is agreed to.
[Unknown]
Next up, House bill 454 a bill to amendment and reenact two section of the code of Virginia related to motor vehicles equipped with televisions and video not within view of driver. Bill passed the House February 12th.
Bill Howell
Gentleman from Virginia beach, Mr. Davis.
Glenn Davis
It seem there's is a Senator partial to his oxford suits, oxford suits and the optional oxford comma. I ask they accept the oxford
[Unknown]
Shall the Senate amendment be comma. Agreed to? Clerk will close the roll.
Glenn Davis
Aye, 93, no, six. The Senate amendment is barely agreed to.
[Unknown]
Continuing, House bill 523 a bill to amendment and reenact section of the code of Virginia relating to higher education student mental health policies. Bill passed the House February 15th.
Bill Howell
Gentleman from Fairfax ,
[Unknown]
Mr. Speaker, this is to make a clarifying change that was brought to our attention when it went through the other body.
Bill Howell
Shall the Senate amendment be agreed to? The clerk will close the roll.
[Unknown]
Aye, 99, no, 0. The Senate amendment is agreed to.
[Unknown]
Turning to Page 12, House bill 577 a bill to amend and reenact section of the code of Virginia relating to interpleader earnest money deposits.
Bill Howell
Gentlewoman from Chesterfield .
[Unknown]
Mr. Speaker, I ask the House to accept the Senate substitute. Which just left this body here there are no time frames involved and felt like there needed to be so they added that. Before the money could be transferred it would be a period of a year.
[Unknown]
Shall the Senate substitute be agreed to? Clerk will close the roll.
[Unknown]
Aye, 99, no, 0. The substitute is agreed to.
[Unknown]
House bill 825 a bill to amend and reenact section of the code of Virginia relating to military medical personnel.
Bill Howell
Gentleman from Virginia beach, Mr. Stolle.
Chris Stolle
Thank you, Mr. Speaker. The Senate changed the words u.S. Army, u.S. Navy, u.S. Air force to united states army, united states navy and united states air force, Mr. Speaker, I move the House agree to Senate amendments.
[Unknown]
You've got way too much time on your hands. Shall the Senate substitute be agreed to? Clerk will close the roll.
Chris Stolle
Aye, 96, no, two. The Senate substitute is agreed to.
[Unknown]
House bill 895 a bill to amend and reenact a section of the code of Virginia relating to the board of education, high school graduation requirements.
Bill Howell
The gentleman from Loudoun, Mr. Greason.
Tag Greason
Thank you, Mr. Speaker. This is a high school redesign bill that went over. We put the Senate version into conference the other day. So, to do the same thing, and put this bill in conference, I would ask you to reject the Senate substitute.
[Unknown]
Shall the Senate substitute be agreed to? Clerk will close the roll.
Tag Greason
Aye, two, no, 97. The substitute is rejected.
[Unknown]
House bill 942 a bill to amend and reenact two section of the code of Virginia relating to school property reasonable access to youth groups listed as patriotic and national organizations.
Bill Howell
Gentleman from Rockingham, Mr. Wilt.
Tony Wilt
Thank you, Mr. Speaker, Mr. Speaker, ladies and gentlemen of the House, before us is the work of the Senate in efforts to address some concerns that the bill has gone through the process, a what the substitute does is makes it a section one bill and he rim nates language we saw that referred to the groups put language in there that is more friendly to those who had concern about that. And the amendment adds the word also that would help secure the idea of it being during school day. So I move we accept the Senate amendments.
Bill Howell
Shall the Senate substitute with amendment be agreed to? Clerk will close the roll.
Tony Wilt
Aye, 85, no, 13. The Senate substitute with amendment is agreed to.
[Unknown]
Turning to Page 13, House bill 1020 a bill to amend and reenact section of the code of Virginia relating to unclaimed property, payment of property of deceased owner.
Bill Howell
Gentleman from Loudoun, Mr. Grease on.
[Unknown]
Thank you, Mr. Speaker, we sent this bill out unanimously and the Senate added, I think a good amendment. If you look in your calendar for those of us nonlawyers, these words make sense to me. The state treasurer shall develop and make available in plain english an explanation of the person's rights to make a claim. I like the amendment and ask that you accept the amendment.
Bill Howell
Shall you guys accept the amendment? Clerk will close the roll.
[Unknown]
Aye, 99, no. 0. We guys accepted the amendment.
[Unknown]
House bill 1096 a bill to amend and reenact section of the code of Virginia related to regulation of firearms by state entities.
Bill Howell
Gentleman from Fauquier, Mr. Webbert.
[Unknown]
Thank you, Mr. Speaker, I move the body accept the Senate amendment.
[Unknown]
Shall the Senate amendment be agreed to? Clerk will close the roll.
[Unknown]
Aye, 65, no, 33. The Senate amendment is agreed to.
[Unknown]
Next up, House bill 1234 a bill to amend and reenact two section of the code of Virginia relating to school security officers, carrying a firearm. The bill passed the House February 15th and passed the Senate with amendments on the 29th.
Bill Howell
Gentleman from Prince William, Mr. Lingmafelter.
[Unknown]
Thank you, Mr. Speaker. The Senate amendments amend the bill we passed here that permits localities to hire retired law enforcement officers to be school security officers and if retired law enforcement, the local school district May authorize them to carry a firearm in protection of a school. What the Senate amendments do, if you didn't like the bill, it's better for you. What the Senate amendment s do is require such law enforcement officer participate in firearms training and testing that meets the standards to carry just as a law enforcement officer would do in many of them and many do these anyway to carry firearms across state lines. The second amendment proposed if anyone could not qualify to be this sort of person. I think it makes the bill better. I move the bill pass.
Bill Howell
Shall the House agree to the Senate amendments? Clerk will close the roll.
[Unknown]
Senate amendments are agreed to.
[Unknown]
Continuing with House bills with Senate amendments. On Page 14, House bill 1245 a bill to amend and reenact various section of the code of Virginia, repeal several others relating to mandatory judicial retirement.
Bill Howell
Gentleman from Virginia beach, Mr. Knight.
Barry Knight
This amendment goes to the bill last year we raised the judge's retirement ages from 70 to 73. The House passed the bill last year and certain judges had to come back to be reinterviewed and had to have more funding. They were kind of putting in there for a particular reason. This year, I wanted to do away with this gap, they put a date on it and won't budge so half a loaf is better than no loaf so I move we accept the Senate amendment.
Bill Howell
Shall the Senate amendment be agreed to? Clerk will close the roll.
Barry Knight
Aye, 97, no, two. The amendment is agreed to.
[Unknown]
Continuing House bill 1273 a bill to amend and reenact section of the code of Virginia related to regulation of x ray machines.
[Unknown]
This is the bill has to do with inspectors of x ray equipment. The first is technical. The second one, there are apparently out of state and instate private inspectors. All of the out of state guys have fees. And so I hope we'll accept this Senate amendment.
Bill Howell
Shall the Senate amendments be agreed to? The clerk will close the roll.
[Unknown]
Aye, 98, no, one. The Senate amendments are agreed to.
[Unknown]
Turning to Page 15, House bill 1377, a bill to amend and reenact a section of the code related to school boards. Class tie limits. And passed with amendment on the 29th.
Bill Howell
Gentleman from Fairfax, Mr. Lenuyno.
[Unknown]
This is the bill that lawyers the school division reports any time they're over a limit. It was expressed to us many don't have a firm count until after the first month of the school year. That is why you can see September 30th referenced in the amendment. I hope it be the pleasure of the body to adopt the Senate amendment.
[Unknown]
Mr. Ware.
[Unknown]
Speaking to the bill.
Bill Howell
Gentleman has the floor.
[Unknown]
This does seem to be that ought to be the parents, and what we're doing is putting another job on overworked administrators so there is an impact statement and this is not going to change the education of the students in Virginia .
[Unknown]
Shall the Senate amendment be agreed to?
[Unknown]
Aye, 67, no, 36. The Senate amendment is agreed to.
[Unknown]
And House bill 1383 a bill to amend and reenact a section of the code of Virginia relating to commission of highways annual report to be made public.
Bill Howell
Gentleman from Fairfax, Mr. Keam.
Mark Keam
House bill 1383 would provide more transparency by requiring the Virginia board of transportation to make certain highway construction related documents available to the public. The Senate amendment nar yeses down the language is that it has to be listed on the v dot website. So I ask the body to accept the Senate amendment.
Bill Howell
Shall the Senate amendment be agreed to? Clerk will close the roll.
Mark Keam
Aye, 99, no, 0. Senate amendment is agreed to.
[Unknown]
Continuing with today's calendar, resolutions uncontested calendar, Page 15, the resolution uncontested calendar, eight of them in the uncontested block, Senate joint resolution 35 designating April, 2016 and each year as advanced care planning month of Virginia .
Bill Howell
Gentleman from Colonial Heights, Mr. Cox.
Kirk Cox
Hjr 45 was Delegate hodge's resolution.
[Unknown]
Turning to Page 16 and continuing the uncontested block, Senate joint resolution 58, formulating recommendations for a planning effort to address the joint subcommittee on coastal flooding report. With a substitute.
Kirk Cox
Gentleman from from Virginia beach, Mr. Stolle.
Chris Stolle
Thank you, Mr. Speaker, I move the committee substitute.
Bill Howell
Those in favor say aye. Opposed, no. Substitute agreed to. Gentleman from Virginia beach.
Chris Stolle
Mr. Speaker, sjr 58 is identical to hjr 34. I move adoption of the resolution.
[Unknown]
Senate joint resolution 63 requesting department of social services to study child day care programs with a substitute.
Bill Howell
Gentleman from Augusta, Mr. Landes.
Steve Landes
Thank you. First I would like to move the committee substitute.
[Unknown]
Those in favor say aye. Opposed, no. Substitute agreed to.
Steve Landes
Mr. Speaker, House joint resolution requests to review our categories related to child day care programs exempt from licensure and formulate whether these should remain exempt from licensure and ask the department consult with all relevant stake holders. I move the passage of the resolution.
[Unknown]
Continuing with the --
[Unknown]
Mr. Speaker?
Bill Howell
Gentleman from Spotsylvania, Mr. Cole?
Mark Cole
Will the gentleman yield?
[Unknown]
I will be glad to yield.
Mark Cole
Gentleman yields.
[Unknown]
Thank you, Mr. Speaker, I 'm just wondering what prompted this study? And why we think there is a problem of the day cares exempt from licensure?
[Unknown]
Mr. Speaker, I would say a discussion in the rules committee, Senator Hanger believed it was brought to his attention in his district that raised a concern and he brought the resolution forward.
[Unknown]
Mr. Speaker, can this go to regular calendar?
Bill Howell
Without objection, regular
[Unknown]
Continuing with the uncontested block, Senate joint resolution, 85 establishing a joint committee of the smat committee on education health and House committee on education to study the future of public education in the commonwealth calendar. With a substitute.
Bill Howell
Gentleman from Augusta, Mr. Landes.
Steve Landes
Thank you, Mr. Speaker, first I 'd like to move the committee substitute.
Bill Howell
Thank you, Mr. Speaker. The substitute agreed to. Gentleman from Augusta .
Steve Landes
Thank you, Mr. Speaker. This resolution 85 is identical to House joint resolution 112. To look at the stands yards of quality, technology and other issues.
[Unknown]
Turning to Page 17, Senate joint resolution 88, districting the rye view commission to study childhood development programs. And so determine the best strategy for future investments. Reporting to the committee on rules.
Bill Howell
Gentleman from Suffolk, Mr. Jones. Gentlemen of the House this is a
Chris Jones
Mr. Speaker, ladies and two year study by j lark. They will study pre-natal to age five. And design and measurement of outcomes and best practices and I ask we adopt the resolution.
[Unknown]
Senate joint resolution to study the aerospace industry.
Chris Jones
Thank you, Mr. Speaker, I move the committee substitute.
[Unknown]
Those in favor say aye. Opposed, no. Substitute agreed to.
[Unknown]
Thank you, Mr. Speaker. House joint resolution conforms to my resolution. And continuing with the block House joint resolution 336 designating 2016 as the year of shakespeare in Virginia .
Bill Howell
The gentleman from Fairfax, miss Filler-Corn .
Eileen Filler-Corn
Thank you, Mr. Speaker. Hjr 336 designates 2016 as the year of shakespeare in Virginia .
[Unknown]
Turning to Page 18, House joint resolution 37 designating the fourth Wednesday in 2016 as indigonous peoples say.
Eileen Filler-Corn
The gentleman from Fairfax ?
[Unknown]
Mr. Speaker, hjr 347 designates the day before thanksgiving in 2016 as indigenous peoples say.
Bill Howell
Gentleman from rock ridge, Mr. Cline? I rise for the purpose of a request.
Ben Cline
Can Senate joint resolution 88 to regular calendar?
Bill Howell
Regular calendar. Shall the resolutions be agreed to? Clerk will close the roll.
Ben Cline
Aye, 99, no, 0. Resolutions are agreed to.
[Unknown]
Page 18, resolutions, regular calendar. First up, Senate joint resolution 80 directing the Virginia housing commission to study sellers reporting from the committee on rules.
[Unknown]
It gives the housing commission to study disclosure and relevant information of the historical properties of the ownership association to perspective buyers and to know they can do this. I ask you pass the bill.
Bill Howell
Gentleman from Augusta, Mr. Landes.
Steve Landes
Mr. Speaker, speaking to the resolution.
Bill Howell
Gentleman has the floor.
Steve Landes
Thank you, Mr. Speaker. Mr. Speaker, ladies and gentlemen of the House, Senate joint resolution 80 is well intended. The fact is that the gentle lady Senator Locke is the chairman of the commission and can do this without a resolution.
Bill Howell
Shall the resolution be adopted? Clerk will close the roll.
[Unknown]
Aye, 65, no, 33.
[Unknown]
I believe that took two thirds? Okay. So one guy is missing. Okay. The bill, the resolution is adopted.
[Unknown]
Continuing with resolutions regular calendar, House joint resolution 372, confirming appointment by the speaker of the House. Reporting to the committee on
Bill Howell
Shall the resolution be rules. Agreed to? Gentleman from gentleman from Colonial Heights, Mr. Cox.
Kirk Cox
Mr. Speaker, I hope the House adopt this incredible resolution confirming your incredible appointment.
Bill Howell
Shall the resolution be adopted? Clerk will close the roll.
Kirk Cox
Aye, 97, no, 0. Resolution is adopted.
[Unknown]
Mr. Speaker, returning to Page 16 of the printed calendar, Senate joint resolution 63 moved to regular calendar. Requesting the department of social services to study child day care programs reporting with a substitute. Committee substitute has been agreed to and the bill, explained.
Bill Howell
Gentleman from Caroline, Mr. Orrock.
Bobby Orrock
Yes, Mr. Speaker, speak together resolution.
Bill Howell
Gentleman has the floor.
Bobby Orrock
Mr. Speaker, ladies and gentlemen of the House, the justification is that we frankly have not looked at the number of entities that are exempt from licensure and registration since being put into place over 20 years ago. We have had piece meal attempts of legislation to add ordeal yeet from the current requirements and I think it would be prudent to undergo a more objective study of the matter.
Bill Howell
Gentleman from Spotsylvania, Mr. Cole.
Mark Cole
Thank you, Mr. Speaker, can this go by for the day?
Bill Howell
Without objection. By for the day. Moving ahead to Page 17, Senate joint resolution 88 moved to regular calendar. Hj 88 directing joint legislative programs in order for the general assembly to determine the best childhood report.
Mark Cole
Could this resolution go by for the day?
Bill Howell
Without objection, by for the day.
[Unknown]
Returning to Page 19, House bill vetoed by the governor. House bill 131 relating to participation schools by students that receive home instruction.
Bill Howell
Gentleman from Albemarle Mr. Bell.
Rob Bell
Mr. Speaker, this passed both bodies and went to the governor's office. My request would be the body vote yes and opponents say there will be a day when we will let home schoolers do this. And welcome to the pleasure of the body to vote yes. Thank you.
[Unknown]
Thank you, Mr. Speaker. Speaking to the veto.
Rob Bell
Gentleman has the floor.
[Unknown]
Thank you, Mr. Speaker, this would prohibit a public school from joining a program that don't allow home school students to participate. There are more than 200,000 students and 300 high schools belong to the Virginia high school league and they recognize it is earned through academic involvement and achievement. According to the league's eligibility requirement there are 13 prerequisites that must be met before participating in public schools and activities, including successful passage of five subjects in the past semester to engage in the competitions and due to the desperate it is impossible for students to satisfy the same requirements that public school students need to meet to participate in the activities. By allowing a different standard for home school students would introduce a level of unfairness and I ask you vote no to override the bill.
Bill Howell
Shall the House override the governor's veto? Clerk will close the roll.
[Unknown]
Aye, 57, no, 42.
[Unknown]
The bill not sufficient votes to override the governor's veto.
[Unknown]
Mr. Speaker, that completes today's calendar.
Bill Howell
Does -- gentleman from Colonial Heights Mr. Cox. >> Mr. Speaker, I move the House stand at recess until 3:45. I can explain that motion.
Bill Howell
Everyone knows today is the bill revenue bills have to be completed and we're waiting for action of the other body. Just making sure that that can get done. That is the reason for 3:45. >> Gentleman from Colonial Heights moves the House stand in recess until 3:45. Those in favor say aye. Opposed, no. Clerk have announcements or communications?
[Unknown]
Mr. Speaker, the committee would meet upon adjournment of the House so I know the committee on courts of justice is going to meet immediately upon recess so criminal law subcommittee is going to meet upon recess in House room c and courts of justice will begin work on their docket in House room c. Appropriations is going to meet --
[Unknown]
There is a subcommittee that will go into --
[Unknown]
Appropriations general government then appropriations committee will meet. Best of my understanding those are the only subcommittees meeting this afternoon, anyway.
Bill Howell
House stands in recess until 3:45. 02:19:02.160 --> 02:19:14.303 >>> House will come to order. House will come to order. The clerk will continue the calendar.
[Unknown]
Supplemental calendar number 1, hard copies available outside, available online. First Page, House bills with Senate amendments. Supplemental calendar number 1. House bill 29, a bill to amend and reenact chapter 665 of the 2015 act of assembly, which appropriated the public revenues and provided a portion of such revenues for two years ending respectively on the 30th day of June, 2015, and 30th day of June, 2016. Bill originally passed the House February 25th, passed the Senate with amendments on the 2nd. Amendments online and available before the body.
[Unknown]
Gentleman from Suffolk, Mr. Jones.
Chris Jones
I would ask if we reject Senate amendments to House bill 29.
Bill Howell
Shall the Senate amendments be agreed to. Clerk will close the roll.
Chris Jones
Ayes 1, no's 91. [ laughter ]
[Unknown]
Mr. Speaker? [ body groaning]
[Unknown]
The gentleman -- gentlewoman.
[Unknown]
Having voted on the prevailing side by which we rejected the Senate amendments to House bill 29 I move we reconsider that vote.
Bill Howell
Gentlewoman from Richmond city, miss mcclendon moves that having voted on the prevailing side by which we rejected Senate amendments to House bill 29, we reconsider. As many as favor that say aye. That motion is agreed to. Opposed no. Shall the Senate amendments be agreed to.
Bill Howell
Clerk will close the roll.
[Unknown]
Ayes zero, no's 94.
[Unknown]
Ayes zero, no's 94. Senate amendments are rejected.
[Unknown]
Continuing with House supplemental calendar number 1, Page 2 of the printed version, next up, House bill 30, a bill for all a preparations and budget submitted to the governor of Virginia according to provisions of 2.2, 15709, code of Virginia and to provide a portion of the revenues for the two years ending respectively on the 30th day of June, 2017 and 30th of June 2018. Senate amendments agreed to, and they are before the body.
Bill Howell
Gentleman from Suffolk, Mr. Jones.
Chris Jones
I would ask that we reject, that would be red. Senate amendments to House bill 30.
[Unknown]
Shall the Senate amendments be agreed to.
Chris Jones
Clerk will close the roll.
[Unknown]
Ayes zero, no's 94.
[Unknown]
Ayes zero, no's 94, Senate amendments are rejected.
[Unknown]
Continuing with the supplemental calendar, House bills with Senate amendments. Next up, House bill 298. A bill to amend and reenact a section of the code of Virginia relating to coal tax bill passed the House February credits. 19, the Senate with a substitute on the 2nd of March .
Bill Howell
Gentleman from Scott, Mr. Kilgore.
Terry Kilgore
Mr. Speaker, ladies and gentlemen of the House, I ask that we accept the Senate amendment. The Senate amendments put it in the same -- with the same language that was sent to the governor. So hopefully we will accept the Senate amendments.
[Unknown]
Mr. Toscano.
Terry Kilgore
Mr. Speaker, parliamentary inquirey.
[Unknown]
State it.
[Unknown]
Thank you, Mr. Speaker. Sorry to ask this again, it's come up in the context of this bill, and it really relates to requirements of people to abstain on a bill. Would it be correct understanding that one reason why people should abstain on a bill is if they have a personal interest in the form of owning stock in a company or utility that might benefit from a credit such as this.
[Unknown]
I guess that could be a reason. I think that the law provides that if you own less than a certain percentage, I think 5% or something of the company, you don't have to abstain, but I think it is a personal decision that everyone needs to make.
[Unknown]
Thank you. I would like to speak to the bill.
Bill Howell
Gentleman has the floor.
[Unknown]
Thank you, Mr. Speaker, ladies and gentlemen of the House, there is no doubt that southwest Virginia is hurting. The voeks on the other side of the aisle who have pushed so strongly and advocated so fervently for people who very represent are doing what they need to be doing. We need to do more to help out. The question is whether this is the way to do it, and I would submit to you that if you take a look at these tax credits in context you might ask a serious question if they are the most efficient way of using taxpayer dollars to help people who really need that help. Now, if you were a business, and as an executive of that business, you invested millions and millions of dollars into your plant and equipment to grow your business. In 20 years down the road, you found out that not only were you producing 67% less than when you started making this major investment, but your employment had also dropped precip tusly since you had made that investment. What would you say. Would you continue to pour money into your company, or would you say there's got to be a different way. What's happened with these credits has been a good idea at the start, but a good idea that now has run its court course, and time to take a different tack. It was a good idea that has now cost Virginia taxpayers over the last two decades $630 or, in 2015 dollars, over $730 million. Million. That's a lot of change. Couple weeks ago we got very upset because there was a business that tried to help create in Virginia where we apparently lost a million dollars. We have $630 million over that period of time. So what's happening in the coalfields? Tonnage has dropped precipitously, 67% in the last couple decades. Employment from over 11,000 people working to 2850 people working. The cost per job, $675 per job when these were enacted. Now it's over $9,000 per job. Is that a good return on the taxpayer dollars? And that's what we should be doing here, Mr. Speaker, ladies and gentlemen of the body, we are the stewards, the custodians of the taxpayer dollars. Back in the mid-90s there was a study about the economic impact of coal tax credits on southwest Virginia. In 1996, this is what they concluded: the credits should not be seen as a long-term cure to a the credits only provide an opportunity for the region to invest in itself, and enhance opportunities for economic diversification. That is 1996, that's 20 years ago. There was a study in 2011 that jlarc did, this is our problem. Favorite study commission. And they said, in 2011, that the tax credits had outlived their usefulness. That's pretty good documentation about the problem here. The long-term economic solution is diversification, and we are not doing that with these tax credits. Now, you might say, oh, yeah, there's a war on coal. Okay. There is a war on coal. But most of the artillery being fired in that war is coming from fracking and natural gas, and the fact that the chinese are not buying met coal, which comes out of Virginia coal mines, the way they wruns -- once were. It's the market, and we know what Mr. Market says, don't we? Mr. Market says follow what the market says. And the market here says don't invest in this tax credit. Mr. Speaker, ladies and gentlemen of the House, we can do a lot to help southwest Virginia, but we have to go back to all our constituents and we have to justify how we continue to spend more and more of their hard-earned taxpayer dollars on a program that doesn't bring the results that people have expected it to. Mr. Speaker, I hope that you reject the substitute.
Bill Howell
Gentleman from Scott, Mr. Kilgore.
Terry Kilgore
Mr. Speaker, ladies and gentlemen of the House, speaking to the amendments.
Bill Howell
Gentleman has the floor.
Terry Kilgore
Mr. Speaker, I would say briefly to this matter that, you know, if this was happening in northern Virginia, in tidewater or other parts of the state, there would be all kinds of folks up there just doing whatever they could to make sure they saved these jobs. These jobs are $90,000 a year jobs, ladies and gentlemen. To say that they do not have an effect on the commonwealth, just ask our friends in Roanoke area about the railroad. Ask our friends in Newport News about how the decline in the shipping has -- how they have seen a decline in the shipping of the coal that has so, you know, it does have an gone down. Effect across the commonwealth. And then we've got all the indirect jobs that we have that you see, you know, in Wythe County, for example, stores are closing, people are moving, just because of coal. And we are trying to diversify, but it's hard to raise families on 15 to $20 an hour, when you used to make a lot more than that. And I hear you, I hear the minority leader, but I ask for your vote. I ask for your help for southwest Virginia, and I ask that you adopt these amendments. Thank you.
[Unknown]
Shall the Senate amendments be agreed to.
Bill Howell
Clerk will close the roll.
[Unknown]
Ayes 7 oh, no's 24.
[Unknown]
Ayes 7 oh, no's 24. Senate amendments are agreed to.
[Unknown]
Continuing with the supplemental, next up, House bill 339, a bill to amend and reenact a section of the code of Virginia relating to recordation tax exemption. Pass tsdz orangely February 18, passed with a substitute on March 2nd.
Bill Howell
The gentlewoman from James city county, miss Pogge .
Brenda Pogge
Thank you, Mr. Speaker. House bill 339 was the bill concerning recordation tax, that the local its could waive -- localities could waive in the event selling a home for rehabilitation purposes to a low-income borrower. On its way to the Senate, the treasurers asked for an amendment, which I agreed to, which would allow also for the waiving of the grantor's tax in the event that a locality is selling a tax-delinquent property. I ask that you accept the amendment.
[Unknown]
Shall the Senate substitute be agreed to. [ recordation ]
Brenda Pogge
Clerk will close the roll. Ayes 95; no's zero. Senate substitute is agreed to.
[Unknown]
Continuing with the calendar, supplemental -- House bill 775. A bill to amend the code of Virginia relating to the fantasy contest act, recommending station required, conditions of registration, penalty. The bill passed the House on February 18, passed the Senate with amendments earlier today.
Bill Howell
The gentleman from Manassas, Mr. Miller.
Jackson Miller
Thank you, Mr. Speaker, amendments to 775 are technical in nature, called by Mr. Mun yan -- mun I don't know of ledge slay -- Mr. Munyan. I move they be passed.
Bill Howell
Shall the Senate amendments be agreed to. Clerk will close the roll.
Jackson Miller
Ayes 75, no's 19.
[Unknown]
Ayes 75, no's 19. Senate amendments are agreed
[Unknown]
Continuing with the supplemental calendar, Page 3 of the printed version, next up, House bill 859. A bill to amend and reenact a Virginia relating to sales and section of the code of use tax exemption, equipment used to make beer. Passed the House February 18, passed the Senate with an amendment and substitute to. Earlier today.
Bill Howell
Gentleman from Augusta, Mr. Landes.
Steve Landes
Thank you, Mr. Speaker. Mr. Speaker, ladies and gentlemen of the House, House bill 859 dealt with the sales and use tax exemption for equipment and materials used for beermaking. The Senate amendments which I am going to ask you to accept just clarify, make clear that home brew and people brewing beer in their homes do not so Mr. Speaker, I ask you to qualify. Accept the Senate substitute.
Bill Howell
Shall the Senate amendments be agreed to. The clerk will close the roll.
Steve Landes
Ayes 90; no's 2.
[Unknown]
Ayes 9 oh, no's 2. The amendments are agreed to. Sergeant at arms.
[Unknown]
Message from the Senate. Mr. Speaker, I have been directed by the president of the Senate to inform the House of delegates that the Senate has finally agreed to House joint resolution 210. [ cheering ]
[Unknown]
Thank you.
[Unknown]
Clerk will continue with the calendar.
[Unknown]
Last bill on the supplemental calendar, House bill 1305. A bill to amend and reenact a section of the code of Virginia relating to sales and use tax exemption and real and personal property exemption, solar and wind energy equipment facilities and devices. Bill passed the House February 19, passed the Senate with an amendment earlier today.
Bill Howell
The gentleman from Manassas, Mr. Miller.
Jackson Miller
Thank you, Mr. Speaker. Mr. Speaker, this amendment was an agreement for the gentleman, Delegate block, making sure we exclude a project underway in his district. Mr. Speaker, this bill is strongly supported by the northern Virginia technology council, Virginia chamber of commerce, dominion and numerous other high-tech companies. I move that the House pass the Senate amendments.
Bill Howell
Shall the Senate amendments be agreed to. The clerk will close the roll.
Jackson Miller
Ayes 86; no's 6.
[Unknown]
The Senate amendments are agreed to.
[Unknown]
Mr. Speaker, that completes the supplemental calendar.
[Unknown]
House will be at ease.
Bill Howell
Gentleman from Colonial Heights, Mr. Cox. >> Mr. Speaker, I move House stand in recess until 5:00.
Bill Howell
Gentleman from Colonial Heights moves the House stand in recess until 5:00. As many as favor that motion say aye. Opposed no. That motion is agreed to.
[Unknown]
Upon recess, the House republican caucus will meet downstairs in House room 1. Democratic caucus will meet in House room 2 immediately upon recess as well.
[Unknown]
House stands in recess until 5:00.
Bill Howell
House will come to order. The joint order under House joint resolution 210 will be resumed. The clerk will read the report of the joint committee.
[Unknown]
Report, for justice of the supreme court of Virginia, for a term of 12 years, commencing March 1st, 2016, jane m. Rausch received in the House, 38 votes, in the Senate, 22.
Bill Howell
Jane m. Rausch previously nominated did not receive the majority of the votes cast by the members elected to each House. Gentleman from Colonial Heights, Mr. Cox.
Kirk Cox
Mr. Speaker, I move that the House suspend the joint order until a later date.
Bill Howell
The gentleman from Colonial Heights, Mr. Cox moves that the House suspend --
Kirk Cox
Mr. Speaker?
[Unknown]
Mr. Toscano?
Kirk Cox
Parliamentary inquiry.
Bill Howell
Gentleman has the floor.
[Unknown]
Does that require a vote?
[Unknown]
Yes.
[Unknown]
Parliamentary inquiry.
[Unknown]
Gentleman May state.
[Unknown]
Does that require the same level of agreement as the joint order itself requires.
[Unknown]
It's a resolution, it will take the majority vote.
[Unknown]
Mr. Speaker, parliamentary inquiry.
Bill Howell
Gentleman May state it.
[Unknown]
The joint order requires two-thirds majority. Does this suspension vote require two-thirds majority?
[Unknown]
Simple majority.
[Unknown]
I think it's a simple majority.
[Unknown]
Thank you, Mr. Speaker.
[Unknown]
As many as favor the motion will say aye. Opposed no. The motion is agreed to. House will be at ease while he communicates to the Senate. Communicates to the Senate .