03/08/2016 House Proceedings

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Index

SB57—00:01:01
SB204—00:00:40
SB446—00:01:30
SB445—00:00:40
SB446—00:03:35
SB448—00:00:40
SB446—00:00:50
SB445—00:00:40
SB446—00:00:35
HB476—00:00:40
HB98—00:00:20
HB381—00:00:30
HB407—00:00:25
HB730—00:00:15
HB894—00:00:15
HB939—00:00:40
HB961—00:00:40
HB1114—00:00:30
HB8—00:00:20
HB180—00:00:35
HB389—00:00:15
SJ127—00:00:35
Del. Kirk Cox (R-Colonial Heights)—00:20
Del. Peter Farrell (R-Henrico)—00:10
Del. Brenda Pogge (R-Williamsburg)—01:00
Del. Betsy Carr (D-Richmond)—04:26
Del. Roxann Robinson (R-Chesterfield)—01:35
Del. Mark Keam (D-Vienna)—01:50
Del. Dave Albo (R-Springfield)—01:20
Del. Riley Ingram (R-Hopewell)—00:00
Del. Jason Miyares (R-Virginia Beach)—01:35
Del. Nick Freitas (R-Culpeper)—02:55
Del. Cia Price (D-Newport News)—01:50
Del. Kathy Byron (R-Lynchburg)—02:46
Del. Todd Gilbert (R-Woodstock)—00:55
Del. Vivian Watts (D-Annandale)—09:00
Del. Tim Hugo (R-Centreville)—00:10
Del. Chris Jones (R-Suffolk)—00:00
Del. Dave Albo (R-Springfield)—01:05
Del. Chris Peace (R-Mechanicsville)—00:15
Del. Mark Cole (R-Fredericksburg)—00:10
Del. David Toscano (D-Charlottesville)—04:05
Del. Dickie Bell (R-Staunton)—00:50
Del. Rick Morris (R-Carrollton)—00:30
Del. Matt Fariss (R-Rustburg)—00:50
Del. Tag Greason (R-Potomac Falls)—00:20
Del. Mark Cole (R-Fredericksburg)—00:20
Del. Tag Greason (R-Potomac Falls)—00:25
Del. David Bulova (D-Fairfax)—00:25
Del. Jim LeMunyon (R-Oak Hill)—00:10
Del. Tag Greason (R-Potomac Falls)—00:15
Del. Tony Wilt (R-Harrisonburg)—00:45
Del. Nick Rush (R-Christiansburg)—00:25
Del. Kirk Cox (R-Colonial Heights)—00:30
Del. Dickie Bell (R-Staunton)—00:25
Del. Chris Collins (R-Winchester)—00:20
Del. Dave LaRock (R-Loudoun)—00:15
Del. Jackson Miller (R-Manassas)—00:05
Del. Alfonso Lopez (D-Arlington)—00:00
Del. Mark Cole (R-Fredericksburg)—03:30
Del. Dave LaRock (R-Loudoun)—02:15
Del. Marcus Simon (D-Falls Church)—00:35
Del. Steve Landes (R-Weyers Cave)—02:30
Del. Todd Gilbert (R-Woodstock)—00:25
Del. Kirk Cox (R-Colonial Heights)—00:00
Del. David Toscano (D-Charlottesville)—00:10
Del. Bob Purkey (R-Virginia Beach)—00:30
Del. Buddy Fowler (R-Ashland)—00:15
Del. Randy Minchew (R-Leesburg)—00:35
Del. Manoli Loupassi (R-Richmond)—00:35
Del. Chris Stolle (R-Virginia Beach)—00:05
Del. Kirk Cox (R-Colonial Heights)—00:05
Del. David Toscano (D-Charlottesville)—04:51
Del. Jackson Miller (R-Manassas)—01:25
Del. Rip Sullivan (D-Arlington)—02:25
Del. Todd Gilbert (R-Woodstock)—02:40
Sen. Lionell Spruill (D-Chesapeake)—02:20
Del. Kirk Cox (R-Colonial Heights)—00:00
Del. David Toscano (D-Charlottesville)—00:00
Del. Kirk Cox (R-Colonial Heights)—00:00
Del. David Toscano (D-Charlottesville)—00:10
Del. Kirk Cox (R-Colonial Heights)—00:15
Del. David Toscano (D-Charlottesville)—00:05
Del. Kirk Cox (R-Colonial Heights)—00:05
Del. David Toscano (D-Charlottesville)—00:05
Del. Kaye Kory (D-Falls Church)—00:00
Del. Kirk Cox (R-Colonial Heights)—00:15
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Minutes

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

Mace placed on Speaker's table by Sergeant at Arms

Prayer offered by The Reverend Calvin A. Duncan, Pastor, Faith and Family Church, Richmond

Delegate Cox led the House in the Pledge of Allegiance to the Flag of the United States of America

Attendance roll call - Quorum present

Leaves of Absence granted: Delegate Edmunds

Journal for Monday, March 7, 2016, approved by the Speaker

Senate communication received
House bill passed: HB 1090
Senate bills, House amendments agreed to: SBs 246, 360, 515
Senate joint resolution, House substitute agreed to: SJR 63

Committee reports
From Appropriations: SBs 369S, 449S, 459S, 476
From Courts of Justice: SBs 270S, 438S, 457, 478S
From Rules: HJR 425

SBs 440, 625 - House insists on substitutes and requests Committees of Conference

HB 895 - House accedes to Senate request for Committee of Conference

SB 468 - Conferees appointed: Ingram, Hugo, Spruill

HR 204 taken up and 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 9 - Passed by for the day
SB 57A - Committee Amendment agreed to, Passed (Y-97 N-1)
SB 750 - Moved to Regular Calendar

SENATE BILLS READ THIRD TIME
REGULAR CALENDAR
SB 669S - Passed by for the day
SB 578S - Passed by for the day
SB 579S - Passed by for the day
SB 758 - Passed by for the day
SB 204 - Passed (Y-97 N-0)
SB 41S - Passed by for the day
SB 446 - Passed (Y-65 N-34)
SB 767 - Passed by for the day
SB 750S - Passed by for the day

HOUSE BILLS WITH SENATE AMENDMENTS
HB 773 - Passed by for the day
HB 883 - Passed by for the day

COMMENDING RESOLUTIONS ON THE SPEAKER'S TABLE
HJR 446 - Passed by for the day

Transcript

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

Bill Howell
[gavel] the House will come to order. Members, please take your seats. Sergeant at arms. >>
Bill Howell
The House is now in session. All 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 calvin a. Duncan, pastor of the faith and family church, Richmond, and remain standing to the pledge of allegiance to the flag of the united states of america led by the gentleman from Colonial Heights Mr. Cox.
Kirk Cox
Let us pray. All Wise and eternal God, we come to you today, thanking you for your many blessings. Thanking you for the very air that we breathe. We ask that you breathe on this meeting this morning. Grant us with your wisdom and words, give the participants in this meeting discernment and insight to handle the affairs of this great commonwealth. May our spirits be lifted with faith, hope and love, and now unto you, who is able to do exceedingly, adundant -- abundantly, according to the power that works in us, in christ's name, we pray, amen.
[Unknown]
[pledge of allegiance] >> The members will answer the roll call by indicating their presence on the electronic voting board.
Bill Howell
The clerk will close the roll.
[Unknown]
Mr. Speaker, a quorum is present.
[Unknown]
Pursuant to House rule three I 've examined and approved the journal of the House of delegates for March 7, 2016, motion under rule 39 are now in order. Does the clerk have any communications.
[Unknown]
A communication from the Senate, the Senate has rejected the House amendments, Senate has rejected the House amendments, to Senate bill 440 and 625.
Bill Howell
The the gentleman from Colonial Heights Mr. Cox.
Kirk Cox
Mr. Speaker, I move the House insist on its amendments and request a committee of conference on the legislation.
[Unknown]
As many as favor that motion will say aye, those opposed, no.
Kirk Cox
The motion is agreed to.
[Unknown]
In addition, communication from the Senate, the Senate has insisted onade and requested committee of conference on House bill 895.
Bill Howell
The gentleman from Colonial Heights Mr. Cox.
Kirk Cox
Mr. Speaker I move the House accede to the request for the committee of conference on the previous legislation.
[Unknown]
As many as favor that motion will say aye, poz poz. That motion is agreed to.
Kirk Cox
Finally, the speaker appoints on behalf of the House committee of conference for Senate bill 468, delegates Ingram, Hugo, and Spruill, for Senate bill 468, speaker appoints delegates Ingram, Hugo and Spruill, conferees on rt the part of the House. That completes the announcements I have at this time.
Bill Howell
The gentleman from Henrico, Mr. Farrell.
Peter Farrell
Thank you Mr. Speaker, I rise for an introduction.
Bill Howell
The gentleman May proceed.
Peter Farrell
Mr. Speaker, ladies and gentlemen, we have hopefully joining nous the gallery, if they are please stand, also in the viewing rooms, a number of students from guchuen high school, joining them are jennifer gates, and Ms. Pathen. They have taken a tour this morning and are visiting and watching session. I hope you will join me in giving the teachers and the students a warm House welcome.
[Unknown]
[applause]
[Unknown]
We are pleased to have the students with us today, hope they enjoy their time in the capitol.
Bill Howell
The gentlewoman from James city county, Ms. Pogge.
[Unknown]
Thank you Mr. Speaker, I rise for an announcement.
Bill Howell
The gentlewoman has the floor.
[Unknown]
Thank you Mr. Speaker. Mr. Speaker, 2016 mark as special anniversary. In God we trust, the official motto of the united states of america, was adopted in a joint resolution by the 84th congress and approved by president dwight d. Eisenhower on July 30, 1956. In November of 2011, congress passed House resolution 13, by an overwhelming 396-9 vote, reaffirming our national motto and encouraging everyone to display it publicly. To celebrate the 60th anniversary of our national motto, the congressional prayer caucus has initiated the million window campaign, encouraging americans everywhere to put it up. On behalf of the congressional prayer caucus, I have with me these window clings with our national motto, in God we trust, available for everyone who would like to put it up. Just see me and I have these. They are a $5 value. Thank you.
Bill Howell
The gentleman from Salem, Mr. Habeeb.
Greg Habeeb
Mr. Speaker, I request permission to take the center aisle.
Bill Howell
The gentleman May proceed. >>
Greg Habeeb
Mr. Speaker, ski the clerk to record a recent institution House resolution number two 4, coal ending natalie defusco funk, agreed to January 15, 2016.
Bill Howell
The gentleman from Salem .
[Unknown]
Mr. Speaker, members of the body, nerve here knows that we have amazing world class public education in Virginia, we are all very proud of our public schools and the teachers and administrators that take part in those public schools. Every year, we debate a lot of policy to improve our schools and advance our kids' education, but at the end of the day, we all know that no matter what we do in this body, the singlemost important thing in the growth of our children, in our community's children, is the teacher in the classroom with those kids, and we have extraordinary teachers and every year we get the honor of recognizing one teacher who doesn't come here on their own but comes representing all teachers investing their lives in our kids, and that person is the commonwealth teacher of the year. Well this, year, Mr. Speaker, I 'm especially honored to get to present to this body Mrs. Natalie defusco funk, a fifth grade teacher at west Salem elementary school. Besides having the distinction of where three habeebs are educated every day, it's known throughout the region as a fantastic school. She has not taught a Habeeb, which is maybe why she is still in the teaching profession. There is concern about her future as the next two habeebs advance to fifth great, whether they will -- whether she will take it or not. Joining her is brandon, her husband, and the superintendent, Dr. Steve staples, who everybody knows, we also have, Mr. Speaker, in the gallery with us, four of the other finalists, lauren osborn from pecoson, stacy rice Lee, kenet white, junior from Bedford, and Mr. Speaker, it truly is the teachers representing teach respect statewide. They've done extraordinary things and have been recognized for that but they are carrying the banner for all teachers who toil every day in our classrooms, loving our kids and teaching our today is especially about kids. Natalie from Salem so I 'm going to tell you about her. Natalie was born in rhode island -- whatever!
[Unknown]
Tennessee.
[Unknown]
She grew up in rhode island. Apparently that's a state. She was born in tennessee, which she apparently thinks is better because she just mentioned that to me, but whatever, she earned a bachelor's and masters degree from boston college, inspired by fifth grade teacher to become a teacher, she knew that's what she wanted to do. After graduating she taught in another state in the northeast, then in 2010, she and brandon moved to Virginia, starting in Botetourt, and also ended up in Salem, where she teaches now. There's a long list of things natalie does both in the classroom and outside the classroom to improve our community, but again, like all of our teachers, she has invested 24 hours a day, seven days a week, 12 months a year making our community a better place. A lot of people have gotten to know the superintendent of Salem school rnlings allen seibert, through some of the work he has done. Dr. Seibert is very proud to represent and to speak highly of natalie and told me that he views natalie as a life long learner and natural leader, an exceptional teacher, a consummate professional who positively changes the lives of young people and facilitates the growth and development of not just kids, but her colleagues as well. So Mr. Speaker, today, where he honored to have both four of the five finalists for teacher of the year and natalie defusco funk, representing teachers across the commonwealth. I understand the plans included the link to watch this video online so in a second, I hope we all cheer extra loud it to the kids watching at west Salem elementary will know how proud we are of natalie. So I would like to honor natalie defusco funk, the 2016 Virginia teacher of the year.
[Unknown]
[applause] >> We are very honored to have you with us today and your colleagues with us as we congratulate each one of well. You for your accomplishments. Everyone in this room can remember at least one or two teach theirs meant something special to them, as they were going through school. Mr. Habeeb was in the third grade for four years!
[Unknown]
He really came to know his fourth grade teacher!
[Unknown]
But we thank you all for coming, and we appreciate so much what each of you do and all of your colleagues. Thank you for being here today and congratulations.
[Unknown]
Thank you.
[Unknown]
[applause] >>
[Unknown]
Thank you Mr. Speaker.
Bill Howell
The gentlewoman from Richmond city, Ms. Carr.
[Unknown]
Thank you Mr. Speaker, I rise for a point of personal privilege.
Bill Howell
The gentlewoman has the floor.
[Unknown]
Mr. Speaker, in this month, as we salute women's history, I 'd like to rec lies today adele goodman clark of the equal suffrage league of Virginia and founder of the Virginia museum of fine arts. Born in 1882n. Montgomery, alabama, adele spent her early childhood living in various southern states from mississippi to Virginia, settling in Richmond in 1894, adele enrolled in Virginia randolph elliott school, now known as saint catherine's school. Upon graduation with an interest in art, adele received a scholarship to the Chase school of art in new York, now known as parsons school of design, where she studied with renowned american artist william Chase. William merit Chase and robert henri. Returning to rich mopped, adele along are norah houston established a studio that became a training ground for a generation of Virginia artists. Adele's work, an oil painting, called cherry tree, is at the Virginia museum of art's permanent collection, and it's viewable now, hanging near the mclaughlin collection. Adell applied artistic skills d intellect to champion women in the arts. Around 1909, her interest in the suffage movement began to she began to meet with other flourish. Civic-minded women to establish a statewide suffrage organization. Many women wanted to vote in order to work more effectively for the passage of health, education, and child labor laws. Upon being elected recording secretary of the equal suffrage league of Virginia adele recruited her mother and sister, helped direct legislative initiativestives, designed post cards, organized rallies and went on speaking tours that helped establish chapters throughout the state. Adele sometimes set up our easel in public places such as around capitol square and began drawing chalks, sketch, in order to lure people to hear her expound on the importance of women's suffrage. Despite the fact that the equal suffrage league of Virginia was one of the most vital suffage organizations in the south, the suffage resolutions in 1912, 1914 and 1916 were defeated, Virginia suffrages, therefore, directed their work primarily toward the passage of an amendment to the u.S. Constitution. By the time congress submitted the 19th amendment to the states in June 1999 -- 1919, the Virginia league boasted 30,000 members. Adele charged the -- chaired the Virginia ratification committee in 1919 and 1920. Nevertheless, Virginia was one of nine southern states that refused to approve the amendment. It was 1952 and finally the commonwealth did ratify the 19th amendment. Within a few weeks of the national ratification of the 19th amendment, in 1920, the equal suffrage league disbanded and its successor, the Virginia league of women voters, began to work to make a new vote an informed one, adele chaired the organization committee it to establish the league, and served as president, intermittently, from 1921-1944. Serving in various capacities on the local, state and federal level, adele continued to advocate for social issues, the arts, and government efficiency. She was active in the Richmond community for decades. Converting to catholicism in 1942, her mother had been jewish and her father raised in the church of england in his naysive ireland, she helped to organize the Richmond diocesan council of catholic women and shape its legislative women, she was thrul in the Virginia art commission. In the early 197s zero I had the privilege of meeting miss clark at the Virginia museum of fine arts she visited the art gallery in Robinson House where I worked of the after a long and prosperous life, adele died at the age of 101 and was buried in emanuel episcopal church cemetery in hen riceo county, adele is one of 12 women whose bronze image will be featured in the monument planned for capitol square. Thank you Mr. Speaker.
[Unknown]
[applause]
Bill Howell
The gentlewoman from Chesterfield, Ms. Robinson.
[Unknown]
Thank you Mr. Speaker. I rise for the purpose of an
[Unknown]
The gentlewoman has the introduction. Floor.
[Unknown]
This morning's prayer was offered by calvin anthony duncan, past of of the faith and family church in Chesterfield. Pastor duncan's life was struck by adversity at birth with his mother's untimely death and no knowledge of who his father was, he was reared by his aunt in lind on, new jersey and never allowed the sirs of life to deter him from the plan that God had for him. Basketball was his instrument. Out of the urban community, that led him to Richmond. He attended vcu on a scholarship and earned a degree in criminal justice. In 1985, he was commissioned by his church in Virginia to preach the gospel. Pastor duncan was drafted by the nba, however, he opt to play with a christian organization. He traveled overseas, playing and coaching in the cba. Calvin mentored groups of men, married coupleses and spearhead add reading program to over 40 schools in Washington state. He contacted chapel services, bible studies, missions in mexico and canada. After returning to Richmond in May 1997, pastor duncan was appointed to the position of youth and assistant pastor in the city. He also began a youth center, aiding children in five area schools with an after school program. Pastor duncan indicates that each experience in his life from growing up in lyndon, new jersey to his basketball career, to being a youth pastor, led to his role of leader of faith and family church which began in under pastor duncan's June 2004. Leadership of being open, transparent, and accessible, the membership continues to rise. He and his wife, barbara, have four children, richard, Shannon, chelsea and azel, and I ask the House to extend a warm House welcome.
[Unknown]
[applause] >>
Bill Howell
The gentlewoman from Westmoreland, Ms. Ransone.
[Unknown]
Mr. Speaker, I rise for a request.
Bill Howell
The gentlewoman May state it.
[Unknown]
I'd like to request that the journal reflect by seat mate from Halifax is away due to pressing personal business.
Bill Howell
The gentleman from Fairfax, Mr. Keam.
Mark Keam
I rise for an introduction, please.
Bill Howell
The gentleman has the floor.
Mark Keam
Thank you Mr. Speaker, ladies and gentlemen of the House, joining us in the gallery is a very special guest, I 'd like to ask them to spend a couple of minutes with me and knowing the significance of this visit. In the gallery is michelle Lee, the undersecretary of commerce for intellectual property and also the director of the united states patent and trademark office. For those not familiar with the u.S. Patent and trademark office, it's a government agency very unique, in that it's one of the few government agencies that does not take taxpayer funding t. Generates fees from imroog the private sector for the innovation and the economy, using intellectual property and the trademark office is ahead quartered in Virginia, in the commonwealth. When it was founded in 1700s, it was present george Washington who signed the first act into law which created this law, and one of the first directors was thomas jefferson, so Virginia has a long history of supporting innovation and patent and trademark and other intellectual property and today the Head of that office is michelle Lee, who is not only the first woman to Head up that office in the 225 year history of the agency but also the first asian american. She is here today to celebrate international women's day, along with the governor. She launched the million women's -- mentor program in Virginia, and event across the street from here to encourage a million men and women to mentor young people to go into the innovation of the future, so she is here to promote innovation in the commonwealth of Virginia, also living in Falls Church. She comes from the great state of california, where she spent many years as a computer scientist, engineer, as well as an engineer, working to google and other high technology industries. We couldn't have a better, more qualified person to Head up our united states government agency that deals with innovation and technology. I'd ask that the House give michelle Lee a warm round of applause.
[Unknown]
[applause]
[Unknown]
We are delighted to you have visit with us today and we hope you enjoy your time in the capitol.
Bill Howell
The gentleman from Fairfax, Mr. Albo.
Dave Albo
Mr. Speaker, an introduction please?
Bill Howell
The gentleman has the floor.
Dave Albo
Mr. Speaker, members of the House, a couple of times in recent years, I 've mentioned the magic of this place is that we are citizen legislator, and that's why we get bills passed, we get balanced budgets, because we all have real lives, but we don't know everything, and in this business of passing laws in Virginia, we rely on a wide variety of people, rely on our clerk, staff to, keep the show running, we alsoie lie on government affairs professionals to kind of tell us what they know about certain things, because I only know a little bit about the law. Most of us here would all admit we don't know everything except for the gentleman from Salem, but other than that --
[Unknown]
[laughter]
[Unknown]
All of us know we don't know everything. And I wanted to identify one of our friends from the government affairs professional community, lobbyist community, is Mr. Denny gallagher, up in the audience today, or the gallery. Denny, from my calculation, has been working with the general assembly since the late '70s, probably about 40 years, started at the department of corrections, worked as a home builders, and wholesalers, and he has worked with, we calculated nine -- five different speakers, 10 different governor, and from my calculation, well over 1000 different delegates and senators, and denny is finishing his career, this his last session, and I just wanted to thank you for a great -- for the great years of sfltion and -- of service and your professionalism. Thank you very much.
Bill Howell
[applause] >> I apologize for that out burst! >> the gentleman from Hopewell, Mr. Ingram.
Riley Ingram
Mr. Speaker, I rise for a motion.
Bill Howell
The gentleman May state it.
Riley Ingram
Mr. Speaker, I would move that on Page five, Senate bill 76 # go by for the day.
Bill Howell
Without objection, Senate bill 767, by for the day.
Bill Howell
The gentleman from Virginia beach, Mr. Myaris.
[Unknown]
Mr. Speaker, I rise for an introduction.
Bill Howell
The gentleman has the floor.
[Unknown]
Mr. Speaker, joining us today in the gallery is diane Smith and tara chiang from operation turn others, if they wouldn't mind standing. They represent in many ways the best Virginia tradition of service above self. She is the -- diane Smith is founder and ceo of operation turbo, which is determined to send our brave soldiers overseas, both a box of different treats from home but also more importantly a personal note of gratitude. She started operation turbo, the inspiration was visiting her niece, an officer on the introir u.S.S. Stout, and while she was there, while her niece was recognized and thankful for her help and giving her care packages, her niece note to her how heartbreaking it was the number of fellow sailors on her ship that received nothing. And to that point, in that great Virginia tradition of deciding that she was going to stand in the gap, she started operation turbo, and they have already, since 2014, sent over 1000 different care packages, all across not only to our men and women in the navy, but to our marines, our special operators. And so Mr. Speaker, when we have so many soldiers overseas, that they miss baseball games, they miss birthdays, they miss those quiet moments with their families that each one of us cherish, and too often, they are out of sight, and for too many americans, they are out of mind, and so I 'm so thankful for people like diane Smith and operation turbo that recognizes that, and wants to send them a thank you. So please, for the House, if you are interested, operation turbo.Org is the website but please give a warm welcome to diane Smith and tara chiang from operation turbo.
[Unknown]
[applause]
[Unknown]
We are please to have the visitors with us today and we thank you for all that you do for your service men and
Bill Howell
Gentleman from Culpeper, women. Mr. Pratus.
[Unknown]
Point of personal privilege.
[Unknown]
Today we vote on 409 for first class charles martlan who I mentioned a couple of weeks ago. I want to say first of all, thank you very much on behalf of mis, first class sergeant martlan for the copate onage for this resolution on both sides of the aisle and in both houses. I want to speak briefly on why I think this particular resolution is so important. Obviously, there's been a lot of behind the scenes work, a lot of behind the scenes advocacy on his behalf in order to convince the military to allow first class martlan to continue serving. But that's not why we did this resolution. This commending resolution, in my opinion, is more for the family. And that's because sergeant first class marlan has a wife and two small boys and I will guaranty you that after three combat tours and multiple other tours there have been more than one occasion where there is marlan has had to pull the two boys in when there was something good happening or waking up from a nightmare, whatever they had, and pull them in and say daddy there was you, daddy misses you, he wishes he was here, but his country needs him. And I can tell you gren personal experience, that coming back, how important that is, the important role that your spouse plays in ensuring that your kids still recognize you and know you when you come home. But I will guarantee you, that has been beat in over and over and over again, your daddy loves you, he misses you, he wishes he was here, his country needs him. And the reason why it's so important that we pass this, and it's so important that everyone that hasn't had an opportunity to sign it and would like to take that opportunity is because at some point, his boys are going to have to ask the question, that is if this administration can in the be prevailed upon, if the army cannot be prevailed upon, the boys are going to ask the question why doesn't the country want you anymore, and in that instance he could sit down and he could say because when I was overseas, I saw a little boy that was being harmed, and in that moment I didn't just see a little boy, I saw my own son, I saw someone like you, because there was an instance where a woman was being beaten and in that instance I didn't just see a woman, I also saw someone like your mother, and so I acted. And for that, country doesn't want me anymore. He could say that to his boys, and we will have earned the entire contempt within the statement if we don't come to support him now. What I want to do is provide him an opportunity to if his boys should ask that question he could look at this commending resolution with the overwhelming support of this body and say no, the country didn't leave me, not everybody. That within the jurisdiction, that this body holds sway, they held not only my service but the service of our family in high regard, and that is why if you haven't had an opportunity to sign this, I would encourage you to do so. For those that have signed, I greet I will appreciate it. Thank you Mr. Speaker.
[Unknown]
[applause]
Bill Howell
The gentlewoman from Newport News, Ms. Price.
[Unknown]
Mr. Speaker, I rise for an introduction, a request, and a motion.
Bill Howell
The gentlewoman has the floor.
[Unknown]
Thank you. Mr. Speaker, ladies and gentlemen of the House, today, we have with us the Virginia peninsula food bank f. They will stand, including ceo karen joiner. The Virginia peninsula food bank is a treasure, located in Hampton, Virginia, and was established in 1986. Being more than just a food pantry, they run programs like the agency distribution program, the backpack program, the culinary training program, and the share program, just to name a few. They serve 74,000 food-insecure individuals across the greater Virginia peninsula, and while doing so, have earned a four star rating from charity navigator for 10 consecutive years for their financial efficiency, effectiveness, accountability, and transparency. They have distributed -- distributed more than 164 million pounds of food which equals 137 million meals. And this year, ladies and gentlemen, the Virginia peninsula food bank will celebrate its 30th anniversary of providing food assistance, nutrition, and education to the nine cities and counties it serves. On behalf of delegates hessel, Hodges, Mason, Morris, Pogge, Tyler, Ward, Yancey, and myself, we ask that you please give them warm House welcome and thank them for their vital work.
[Unknown]
[applause]
[Unknown]
We are honored to have the members from the Virginia peninsula food bank. We thank you for all that you do for the commonwealth.
[Unknown]
Mr. Speaker, I request that House resolution 204, on Page 42, be called out of order.
[Unknown]
The clerk will report a resolution.
[Unknown]
House resolution number 204, commending the Virginia peninsula food bank.
[Unknown]
Mr. Speaker, I move the adoption of the resolution.
[Unknown]
As many as favor that motion will say aye, those opposed, no. That motion is agreed to.
[Unknown]
Thank you Mr. Speaker.
[Unknown]
Thank you.
Bill Howell
The gentlewoman from Bedford, Ms. Byron.
[Unknown]
Thank you Mrs ., I rise for a point of personal privilege.
Bill Howell
The gentlewoman has the floor.
[Unknown]
Thank you Mr. Speaker. Ladies and gentlemen of the House, several -- well, quite a few of you have come up to me, asking me what happened to the copn bill that was progressing through both bodies, and I just want to stand for a brief moment and tell you what happened to that. As many of you May already be aware, yesterday, the other chamber referred House bill 350 legislation to initiate reforming copn to the Senate finance committee. That bill will be carried over to the next session. I want to thank leadership, members of the body for engaging in this discussion, and many, many hours spent in both chambers to draft bills that would offer and make long overdue changes to the outdated copn law. Your interest indicates to me that this is manager that you are considering seriously as well. This year, for the first time since Virginia enacted this law, legislation to reform this burdensome regulatory structure advanced further than it ever has before, indicating that there is consensus on reform. We simply ran out of legislative time. We are now poised to go much further. Delegate O'Bannon 's House bill 193, along with his companion Senate bill 561 will be studied by the Senate education health committee and read he'd for next session in January. My House bill 350 is now in the Senate finance committee, and will also be considered in the months to come. What did we learn from tackling this issue? We learned that if we want to alleviate spiraling health care costs for our constituents, we must end state-sanctioned monopolies that stifle innovation and competition. If we don't end these regional monopolies, we can, like our counterparts in maryland, our neighbor to the north, treat these monopolies like we do utilities and give the state corporation commission the responsibility of overseeing and regulating their pricing and controls. Finally, we learned one thing for certain, Mr. Speaker. The status quo cannot stand. We owe it to the people that we serve to address the issue of limited choices, spiraling expenses, and stifled innovation. So we will be back next year. I wanted to let you be aware of that so you can go home and talk to the real consumers of health care and get their opinion on this very important legislation, and let you to know, we will be back even stronger next year. Thank you Mr. Speaker.
Bill Howell
The gentleman from Shenandoah, perform Gilbert .
[Unknown]
Thank you Mr. Speaker, I rise for a request and
[Unknown]
The gentleman has the motion. Floor.
[Unknown]
I would request that Senate bill 750 on Page two be moved to the regular calendar for the purpose of an amendment.
[Unknown]
And a motion, Mr. Speaker?
Bill Howell
Without objection, Senate bill 750 so the regular calendar. Yes.
[Unknown]
Mr. Speaker, I would move the following bills go by for the day, on Page one of the printed calendar, Senate bill nine, on Page two, Senate bill 750, on Page three, Senate bills 669, 578, and 579, on Page four, Senate bills 758 and 41, on Page five, House bill 773, Page 11, House bill 883,. We remain adamant that 667 go by for the day. Also Mr. Speaker, House joint resolution 446 on Page 18, I would ask that go by for the day as well.
Bill Howell
Thank you. Without objection, those bills, House resolution, will go by for the day.
Bill Howell
The gentlewoman from Fairfax, Ms. Watts.
[Unknown]
Thank you Mr. Speaker. I rise for a point of personal privilege.
Bill Howell
The gentlewoman has the floor.
[Unknown]
Thank you Mr. Speaker. With all those bills going by for the day, I think we have a little bit of time for me to share some free advice with you that is worth, of course, what you pay for it. There's absolutely nothing political about what I 'm about to share, but I just could not resist the urge to try to be helpful. Ladies and gentlemen of the House, it is tax time and it's my sincere hope some of you be b, maybe -- some of you will find benefit in what I have to share, based on my having recently come out clean as a whistle from an irs audit of my legislative business expenses. The only problem was convincing the irs that you and I pay taxes on our office expense reimbursement. Ever since I 've entered the House I fald the -- followed the best I could the Virginia society of cpa booklet, a legislator's guide to tax policy, excuse me, a legislator's tax guide. I remember the first time I looked through it, how surprised I was at what is regarded as a legitimate business expense in fulfilling our role as a legislator. You know, we get $1250 each month to cover such expenses. Let me say again what I said in the beginning, taxes are withheld from this monthly payment, because if it isn't spent on expenses, related to serving your constituents or to fulfilling your role as a legislator, it is taxable income, to the degree, however, that you choose to keep track of your legislative expense, most if not all can be claimed as an employee business expense and therefore a tax reduction. In my case, every year, for a long time, my deductions for out of session and legislative expenses always have exceeded the $15,000 before tax amount we receive to pay for those expenses. The result of of taking these deductions is about a $4000 federal tax savings at our family's income level. However, to retrieve the taxes you've paid on this nonaccountable office expenses reimbursement you must be prepared to do three things. One, you and your aid must -- aide must make a relatively small effort to keep your receipts. Here is my basic folder. This has all for the year, this is it, we just chuck them in as they come along. It documents the outlays for toner, stamps, notebooks, parking fees, et cetera. Two, you must have your calendar set up in such a way it can be saved so you will have proof of your activities, especially your out of session mileage, which for me is over 5000 miles a year, and I have a very small district. The calendar setup I use is an excel spreadsheet, which works well to schedule everything in, because you can just put as much as you need in each of the rows, as well as for totals things up at tax time. Three, it will take 4-6 hours each year to organize those records, including computing your mileage to places you normally don't go, which I do, using google maps. You or your tax preparer will then fill out a form 2106, which looks like this, but of course I fill it out on turbo tax. Everything I said was going to be covered as part of a seminar session for members after crossover, but unfortunately, the best person from the Virginia society of cpas for such a seminar was not available before we adjourned, but she promises to help conduct such a session sometime next January before tax season Rush for those cpas, and I understand also the clerk's office will be following up my remarks, with some additional information. Meanwhile, freshmen, start keeping your records. Next January, you will get a walk-flu on what is appropriate to deduct and be able to ask your questions then. For the rest of us, May I share my perspective. One, first, everything we touch can be placed in one or more of four buckets: personal, campaign, legislative, and or what must be reported on our financial disclosure statement. There are gray areas between all of these. It's not always the slam dunk decision. My gut check has always been to take 10 steps back if I feel I 'm even close to the line. I offer that rule of thumb to you as the way to survive an audit when the size of our routine employee business expenses doesn't match the normal irs profile. Two, this Virginia society of cpa's tax guide is your most basic defense that you have act good faith based on what it contains. Three, I would recommend an 8020 rule for expenditures made outside of active campaigning that might have campaign benefit. We run every two years, and 20 percent of two years is almost five months. So I split the only fees I pay, 80-20, between a legislative expense and a campaign expense for things like my bulk mail permit. Web hosting. Computer security. And voter files. As well as the cost of a new printer or computer. My newsletter is nonpartisan, but any that I send outside my district I treat as a campaign expense. As far as supplies used during an actual campaign, I find it easier to just treat all purchases during that time period as campaign expenses rather than have to prorate them. Four, as far as the split between the rest of my life and legislative life, again, I recommend staying well back from the line. My legislative office is in my home but there's no way I would want to take on the irs challenge of claiming a home office. Therefore, my $15,000 plus per year in legislative expenses does not include rent and utilities. However, I do apportion phone and internet access obviously, each of -- access. Obviously, each of our office setups are different. That's enough for now. Bottom line -- oh!
[Unknown]
You May thank me, but then again, May not. Anyway, whether you keep track of it or not, the bulk of the $15,000 you receive for legislative district expenses will in fact be needed to serve your constituents and to be accessible and informed legislator in case the press ever asks you. You can choose to pay $4000 additional in taxes, a decision -- believe me, I would fully understand if you don't have the time or folk for us the basic elements I 've just outlined. This is true whether you prepare your own taxors sign paperwork based on your input and receipts. Whatever you do, heads up. As the sergeant used to say on hill street blues, be careful out there.
Bill Howell
The gentleman from Fairfax, Mr. Hugo.
Tim Hugo
Mr. Speaker, I rise for an introduction.
[Unknown]
Are they still here?
Tim Hugo
[laughter]
[Unknown]
They just got here!
Bill Howell
The gentleman May proceed.
[Unknown]
Mr. Speaker, I hope the angelas academy will rise. It's one of the great little schools in northern Virginia, providing a great quality education, catholic education to so many young men and women, led by Ms. Osulla who brought them here. I hope we give them a warm, warm House welcome.
[Unknown]
[applause]
Bill Howell
We are delighted to have the students with us and I know you enjoyed this spellbinding discourse we just went through. The gentleman from Suffolk, Mr. Jones.
Chris Jones
I rise for a request.
[Unknown]
The gentleman May state
Chris Jones
Can we have 1000 copies of it. The speech printed, please? >>
Bill Howell
The gentleman from Suffolk, Mr. Jones, asks for a thousand copies of the speech. As many as favor that motion will say aye, those opposed, no. Are there further motions or resolutions under rule 39?
Chris Jones
If not, the clerk will
[Unknown]
Calendar for the Virginia call the calendar. House of delegates for today, Tuesday, March eight, 2016, first category, Senate bills on third reading uncontested calendar, Senate bills third reading uncontested, Page one of the printed calendar, Senate bill nine has been taken by for the day. Turning to Page two of the printed calendar, Senate bill 57, a bill to amend and reenact a section of the code of Virginia relating to a number of district court judges, the bill was reported to committee for courts of justice with an amendment.
Bill Howell
The gentleman from Fairfax, Mr. Albo.
Dave Albo
Mr. Speaker, members of the House, let me explain these amendments. We it did the case load analysis for judges a couple years ago to find a better system to calculate how many judges each area needs and a system was implemented, then I think it was two years ago we asked the state courts to go back, using that system, to see what the effect of interpreters would be, and I think there was maybe an underestimation of travel time for judges. The study came back, and these two gir cuts, one is Fairfax, juvenile, one is Augusta general district, and so the study says that these judges are needed. Now, here's where the politics comes in, because if we were to authorize these, then we create a bigger fight on the budget, and so most likely, these would not even be funded anyways because the implied need is not high enough. So our solution is to ask that you pass this with these committee amendments, the committee amendments make these judge seats effective in 2018, which takes it out of this bi-enal budget. -- bi-annual budget. I hope you would adopt the committee amendments.
[Unknown]
The question is on adoption of the committee amendment, as many as favor that motion will say aye, those opposed, no.
Dave Albo
The amendment is agreed to.
[Unknown]
And Senate bill 750 has been moved to the regular calendar and taken by for the day. Shall the block vote pass?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 97, nos one.
[Unknown]
Ayes 97, nos one, the bill is passed.
[Unknown]
Continuing with today's calendar, Senate bills on third reading regular calendar, next category, Senate bills third reading regular, on Page three of the printed calendar, Senate bill 669, Senate bill 578, 579 and Senate bill 758 have all been taken by for the day. So the first bill, third reading regular is Senate bill 204, a bill to amend and reenact several sections of the code of Virginia relating to real estate settlement agents, bill passed the committee on general laws.
Bill Howell
The gentleman from Hanover, Mr. Peace.
Chris Peace
Ladies and gentlemen of the House, Mr. Speaker, Senate bill 204 adds new closing disclosure language as required to be used for most closed-in consumer mortgage transactions by the federal regulatory agency, the consumer financial protection bur oavment tells proposes a definition for I want to thank the gentleman closing disclosure. From Falls Church for scrubbing the bill over the last couple of days. I move the bill pass. Shall the bill pass?
[Unknown]
The clerk will close the
Chris Peace
Ayes 97, nos, zero. Roll.
[Unknown]
Ayes 97, nos, zero, the bill is passed.
[Unknown]
Senate bill 41 has been taken by for the day. Page five of the printed calendar, next bill, Senate bill 446, a bill to provide for the submission to the voters of a proposed amendment to the constitution of Virginia agd to article one a section numbered 11-a, relating to right to work, the bill was reported from the committee on privileges and elections.
Bill Howell
The gentleman from Spotsylvania, Mr. Cole.
Mark Cole
Thank you Mr. Speaker. Ladies and gentlemen of the House, Senate bill 446 is the bill, the enabling bill that puts the constitutional amendment for putting the right to work in the constitution on the ballot for the voters to decide this November, and I move that it pass.
Bill Howell
Gentleman from Charlottesville, Mr. Toscano.
David Toscano
Thank you Mr. Speaker, speaking to the sphwhil.
Bill Howell
The gentleman has the floor.
David Toscano
Thank you Mr. Speaker, ladies and gentlemen of the House, it's almost April, and every April, there's a little golf tournament played in Augusta, georgia called the masters, and you probably have already seen the advertisements for the masters. With a very famous quote by jim nance, a tradition unlike any other. So we are talking about the constitutional amendment, I 'm talking about jim nance and tradition. The reason I 'm talking about tradition, ladies and gentlemen of the House, is that we have a tradition in this body that seems to occur every year. And that tradition usually involves a bill targeted to ordnize dollars labor for a problem that doesn't exist. This is one of those bills. Before I get to the reason why we shouldn't vote for this because it's a problem that doesn't exist, I want you to remember a little bit about the history of organized labor in this country. The labor movement in this country transformed america, largely for the good. It was organized labor that built the ships and the aircraft, that went overseas to help us win that war, they built the skyscrapers and even put the elevators, the boilers in the basement, the electricity in it, and the plumbing in those buildings. They helped build the railroads. The great interstate highway system. Roads and bridges that we travel on and get our goods to market. They help build the lanes in Virginia, the woodrow wilson bridge, phase one to dulles, on budget, and on time. They changed america. They were the coal miners that mined the coal that fueled the industrial renaissance of america., and while they were doing that, they were also changing things in a social way. The 40 hour work week, thank you organized labor, pensions, relief for the des citytute, prohibitions against child labor, safer workplaces. Wages by which people could pay to buy a home, to buy a car, to put their kids through school. These are tangible benefits that sometimes we forget about when we talk about these bills on the floor, but we shouldn't forget about them. Mr. Speaker, ladies and gentlemen of the House, the captains of industry fought against a lot of these changes that we now take for granted. We should not lose track of that as we think about this bill. Now, we talked about this a couple of weeks ago, and talked about the fact there is no threat to right to work in Virginia. None. No court cases, no legislation, nothing. Right to work has been on the books of Virginia for over 50 years. And there's never been a serious challenge to it. So what are we doing here? We are trying to score some really nice political points by putting something on the ballot. And in the process, we are proposing to change our not something to be taken constitution. Lightly. So Mr. Speaker, ladies and gentlemen of the House, I hope that you will vote today not to mess with our constitution, not to put things in our constitution that we already have in law that nobody is threatening. I hope that you will vote no on this constitutional amendment. Thank you Mr. Speaker.
[Unknown]
Mr. Speaker?
Bill Howell
The gentleman from stanton, Mr. Bell.
[Unknown]
Speaking to the bill?
Bill Howell
The gentleman has the floor.
[Unknown]
Mr. Speaker, in response to the gentleman, I would say this. If organized labor today was what organized labor was in 1930, then this would be different and we wouldn't need this bill. But we all know that it's not we watched decades of politicizing in organized labor, we've watched decades of corruption manifest itself, and we don't need that. And it's not our constitution if you are talking about just the people in this body. The constitution belongs to all the people, just like the government does. And what this bill does is allow those people to decide whether they want this to be permanent part of a Virginia constitution, and that's where the decision should be made, and that's what this bill allows to happen. So I would encourage you to pass the bill.
[Unknown]
[applause]
Bill Howell
The gentleman from Suffolk, Mr. Morris.
[Unknown]
Mr. Speaker, speaking it to the bill?
Bill Howell
The gentleman has the floor.
[Unknown]
Ladies and gentlemen, right it to work is not about being -- right to work is about not being forced to join a union. Right to work does not disestablish any union. It simply says that you are not -- it dissolves the servitude that you are bound to the unions to provide your hard earned money to an organization you May not even believe in. The right to work is a freedom to work. And to keep your hard-earned money as you see it, and not be forced to join these organizations. I hope we pass this bill. Thank you Mr. Speaker.
[Unknown]
Shall the bill pass?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 65, nos 34.
[Unknown]
Ayes 65, nos 34, the bill is passed.
[Unknown]
Senate bill 767 has been taken by for the day.
[Unknown]
Senate bill 750 has been moved to the regular calendar and is by for the day. Continuing with the calendar, next category, House bills with Senate amendments, Page five of the printed calendar, House bill 773 has been taken by for the day. First up, House bill accordingly, Senate -- excuse me, House bill 476, a bill to amend and reenact several sections of the code of Virginia relating to requiring submission of animal intake policy, bill passed the House January 26, with a substitute on March third.
Bill Howell
Gentleman from Campbell, Mr. Fariss.
Matt Fariss
Yes, Mr. Speaker, House bill 476 left the House on January 26th, with a 98-zero vote, but as one of my many mentors would say, on the way to the Senate, it caught a fever. It had a little fiscal impact of $56,000 to add one line item on the application to the state veterinarian's office, so what the Senate did was they put on amendment on it that said that you didn't put your intake policy on your application, you just mailed a copy into the state veterinarian. I hope it will be the pleasure of the body to accept the Senate amendments.
[Unknown]
Shall the Senate amendment be agreed to?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 74, nos 25.
[Unknown]
Ayes 74, nos 25, the Senate amendment is agreed to.
[Unknown]
Turning to Page six of the printed calendar, House bill 46, a bill to amend and reenact a section of the code of Virginia relating to the establishment of the school readiness committee, the bill passed the House February 15, passed Senate with a substitute on March fourth.
Bill Howell
The gentleman from Loudoun, Mr. Greason.
Tag Greason
Thank you Mr. Speaker. Mr. Speaker, ladies and gentlemen of the House, this bill passed out on the 15th from the House, it went over to the Senate. They have an interesting concept about where a report should go regarding the work done by the school readiness committee. I think that concept needs a little bit more work, so we are going to -- excuse me, I would like to ask you to reject the Senate amendments.
[Unknown]
Shall the Senate amendment be agreed to?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes zero, nos 99.
[Unknown]
Ayes zero, nos 99, the Senate amendment is rejected.
[Unknown]
House bill 98, a bill to authorize issuance of the special license plates to immediate family members of a member of the armed forces of the united states who lost his or her life on or after March 29, 1973 while serving on active duty or while assigned to an army reserve or army national guard unit in a drill status, bill passed the House February 16, passed Senate with a substitute which was subsequently amended, and with amendments on March
Bill Howell
The gentleman from fourth. Spotsylvania, Mr. Cole.
Mark Cole
Thank you Mr. Speaker. Ladies and gentlemen of the House, the Senate amendments simply open it up to members of any military reserve component or national guard component. The way it was drafted, it would only have applied to army reserve and army national guard, and now if we adopt the Senate amendment it is will apply to any reserve or national guard. I move we accept the Senate amendment.
[Unknown]
Shall the Senate substitute with amendments be agreed to?
[Unknown]
The clerk will close the roll.
[Unknown]
Ayes 99, nos, zero.
[Unknown]
Ayes 99, nos, zero, the Senate amendment to the substitutes are agreed to.
[Unknown]
House bill 381, a bill to amend and reenact a section of the code of Virginia relating to children with disabilities, alternative means to demonstrate achievement of the standards of learning, bill passed the House originally on February 15, passed Senate with a substitute on March
Bill Howell
The gentleman from four. Loudoun, Mr. Gleason.
[Unknown]
Thank you Mr. Speaker. Mr. Speaker, ladies and gentlemen of the House, this bill deals with alternative means for the sol test with regard to children with disabilities. The Senate wanted to make sure we are not saying it's an easier test. We are not trying to reduce the rigor for which we expect the children to perform. But if there is a requirement to change the means or the way we deliver the test, based on the disability, that's what we are trying to accomplish. That's what this Senate substitute does, and I would ask the House to accept the Senate substitute.
[Unknown]
Shall the Senate substitute be agreed to?
[Unknown]
The clerk will close the roll.
[Unknown]
Ayes 99, nos, zero.
[Unknown]
Ayes 99, noz nodz, the Senate amendments are agreed to.
[Unknown]
-- nos, zero, the Senate amendments are agreed to.
[Unknown]
Continuing with Page seven of today's printed calendar, House bill 407, a bill to amend and reenact a section of the code of Virginia relating to designation of hov lanes on interstate 66, the bill passed the House February 16, passed the Senate with a substitute on March four.
Bill Howell
The gentleman from Fairfax, Mr. Bulova.
David Bulova
Thank you plrks ladies and gentlemen of the House, the purpose behind House bill 407 was to make sure that hov on i66 wasn't prematurely switched from hov2 to 46789ov3, simply for the purpose of tolling. What the Senate amendment does is delay the implementation of the bill until 2017 so that it doesn't conflict with bond issuance process for i66 outside the beltway. The net effect is exactly the same. So I would ask the body accept the Senate substitute.
[Unknown]
Shall the Senate substitute be agreed to?
[Unknown]
The clerk will close the roll.
[Unknown]
Ayes 98, nos, zero.
[Unknown]
Ayes 98, nos, zero, the Senate substitute is agreed to.
[Unknown]
House by that 730, a bill to amend and reenact a section of the code of Virginia relating to commuter parking lot signs in planning district #, the bill passed the House February 16, passed the Senate with a substitute on March four.
Bill Howell
The gentleman from Fairfax, Mr. Lemunyon.
Jim LeMunyon
Thank you Mr. Speaker, Mr. Speaker, ladies and gentlemen of the House, this is the bill that says if you want to park in a commuter parking lot in northern Virginia you've got to be taking metro, a bus, or carpool, and the Senate said you could park and ride a bicycle. That's fine with me and good exercise too. I hope it will be the pleasure of the body to adopt the Senate amendment.
[Unknown]
Shall Senate amendment be agreed to?
[Unknown]
The clerk will close the roll.
[Unknown]
Ice96, nos three.
[Unknown]
Ayes 96, nos three, the Senate amendment is agreed to.
[Unknown]
Continuing with the calendar, House bill 894, a bill to amend and reenact a section of the code of Virginia relating to standards of living innovation committee, membership, emergency, the bill passed the House February 1st, passed the Senate with a substitute on March four.
Bill Howell
The gentleman from Loudoun, Mr. Gleason.
[Unknown]
Thank you Mr. Speaker. In the spirit of the last two bills we talked about, the Senate had an additional great idea on one of my bills to talk about the reporting structure of the sol innovation committee. They thought it was a great idea. I didn't think it was a great idea. So I 'm going to ask that we reject the Senate substitute, thank you.
[Unknown]
Shall the Senate substitute be agreed to?
[Unknown]
The clerk will close the roll.
[Unknown]
Ayes one, nos # eight.
[Unknown]
Ayes one, nos 98, the Senate substitute is rejected
[Unknown]
House bill 939, a bill to amend and reenact a section relating to auxillary lights of the code of Virginia on motorcycles and autocycles, the bill passed the House February 9, passed the Senate with a substitute on March four.
Bill Howell
The gentleman from Rockingham, Mr. Wilt.
Tony Wilt
Thank you Mr. Speaker. Mr. Speaker, ladies and gentlemen of the House, there's light at the end of the tunnel!
[Unknown]
I appreciate everyone's support through the process on auxillary motorcycle lighting and in the Senate, it delayed, there was finally a compromise reached. The state police determined they could, indeed, develop some standards to approve auxillary lighting, so that's the substitute that we have before us, and as we speak, there's already a working group that's going to begin to work with the state police in developing those standards, and so again, I want to thank everyone for standing strong for motorcycle safety, and I move the Senate substitute pass.
Tony Wilt
Shall the Senate substitute be agreed to?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 98, nos, zero.
[Unknown]
Ayes 98, nos, zero, the Senate substitute is agreed to.
[Unknown]
Turning to Page eight of today's printed calendar, continuing with House bills, Senate amendments, House bill 961, a bill to amend and reenact a section of the code of Virginia relating to alternative tuition or fee structures, bill passed the House originally February 15, passed the Senate with a substitute on March four.
Bill Howell
The gentleman from Montgomery, Mr. Rush.
Nick Rush
Mr. Speaker, cay go by temporarily and find a prop?
[Unknown]
I withdraw.
Nick Rush
I don't think you need one!
[Unknown]
Thank you Mr. Speaker. Mr. Speaker, House bill 961 wanted to provide flexibility to universities and students to provide alternative tuition program. The Senate substitute actually improves on that, and I move we accept the Senate substitute.
[Unknown]
Shall the Senate substitute be agreed to?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 98, nos, zero.
[Unknown]
Ayes 98, nos, zero, the Senate substitute is agreed to.
[Unknown]
House bill 1114, a bill to amend and reenact several sections of the code of Virginia as well as part of the acts of assembly of 1960 which provided a charter for the city of Colonial Heights relating to department of finance, director of finance, city manager and city treasurer, the bill passed the House February 16, passed the Senate with amendments on March four.
Bill Howell
The gentleman from Colonial Heights Mr. Cox.
Kirk Cox
Thank you Mr. Speaker, I hope it would be the pleasure of the House to accept the Senate amendments. This is the charter change for Colonial Heights that is just local tax collection functions, the director of finance, the treasury, they keep the state treasury functions. Most of the amendments are technical. There's one that has a little substance. It came from the treasurer's association. It says the city council May authorize the treasurer to assume such duties as the director of finance, as the council deems appropriate, in other words, if they want to go back, let the treasurer do that, they can do that by ordinance, instead of coming here with a charter change. With that, Mr. Speaker, I hope you will accept the Senate amendments.
[Unknown]
Shall the Senate amendments be agreed to?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 99, nos, zero.
[Unknown]
Ayes 99, nos, zero, the Senate amendments are agreed to.
[Unknown]
Turning to Page nine of the printed calendar, House bill eight, a bill to amend and reenact several sections of the code of Virginia relating to the creation of the Virginia virtual school, the bill passed the House February 16, passed the Senate with amendments March seven.
Bill Howell
The gentleman from stanton, Mr. Bell.
[Unknown]
Thank you Mr. Speaker. Mr. Speaker, ladies and gentlemen of the House, House bill eight is the reenactment of a bill last year that also passed both houses and was signed by the governor with a reenactment clause. We have brought the bill back, it has passed the House again this year, passed the Senate, the Senate attached some amendments to it. Not all of which are bad and could be negotiable in a conference I think. Some are probably not negotiable. So I would ask the body to reject the Senate amendments.
[Unknown]
Shall the Senate amendments be agreed to?
[Unknown]
The clerk will close the roll.
[Unknown]
Ayes three, nos 94.
[Unknown]
Ayes three, nos 94, the Senate amendments are rejected.
[Unknown]
Turning to Page 10 of the printed calendar, continuing with House bills, with Senate amendments, House bill 180, a bill to amend and reenact a section of the code of Virginia relating to drug treatment court for the city of Winchester and counties of Clarke, Frederick and Warren, the bill passed the House February 16, passed with amendments on March seven.
Bill Howell
The gentleman from Frederick, perform Collins .
[Unknown]
Thank you Mr. Speaker, ladies and gentlemen, House bill 180 lies similar to House bill eight in that the Senate made some amendments to it, some are good, and some of it cut sideways to some other agreement that is were made, and therefore working it out in conference will probably be in the best interest, and I was told to -- okay, thank you. I ask that you reject these amendments.
[Unknown]
Shall the Senate amendments be agreed to.
[Unknown]
The clerk will close the roll.
[Unknown]
Ayes zero, nos 98.
[Unknown]
Ayes zero, nos 98, the Senate amendments are rejected.
[Unknown]
Turning to Page 11 of the calendar, printed version, continuing, House bill 389, a bill to amend and reenact a section of the code of Virginia relating to parental choice education savings accounts, the bill passed the House February 16, passed the Senate with amendments on March seven.
Bill Howell
The gentleman from Loudoun, Mr. Larock.
Dave LaRock
Thank you Mr. Speaker. Mr. Speaker, the two amendments modify this bill by, one, clarifying language in the first amendment from the finance committee, and second, they had a reenactment clause to the bill and I move we accept the amendments.
[Unknown]
Shall the Senate amendments be agreed to?
[Unknown]
The clerk will close the roll.
[Unknown]
The clerk will close the roll.
[Unknown]
Ayes 52, nos 47.
[Unknown]
Ayes 52, nos 47, the Senate amendments are agreed to.
[Unknown]
And House bill 815, a bill to amend and reenact a section of the code of Virginia relating to the method of execution, the bill passed the House February 10, passed the Senate with an amendment yesterday.
Bill Howell
The gentleman from Manassas, Mr. Miller.
Jackson Miller
Thank you Mr. Speaker. I would move this -- this really is unnecessary language and creates vagary in the bill and I move we reject the Senate amendment.
[Unknown]
Shall the Senate amendments be agreed to?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes zero, nos 99.
[Unknown]
Ayes zero, nos 99, the Senate amendments are rejected.
[Unknown]
And House bill 883 has been taken by for the day.
[Unknown]
Mr. Speaker?
Bill Howell
The gentleman from Arlington, Mr. Lopez.
Alfonso Lopez
Having voted on the prevailing side of hb8 on Page nine, I would like to move we re -- take a revote on that.
[Unknown]
A re --
Alfonso Lopez
Reconsider the vote?
[Unknown]
Thank you very much.
Bill Howell
The gentleman from Arlington, Mr. Lopez, having voted on the prevailing side, by which we approved -- did we approve or reject the Senate amendment? That we reconsider that vote. As many as favor that motion will say aye, those opposed, no.
Alfonso Lopez
The motion is agreed to. Shall the Senate amendments be agreed to?
Bill Howell
The clerk will close the roll.
Alfonso Lopez
Ayes zero, nos 97.
[Unknown]
Ayes zero, nos 97, the amendments are rejected.
[Unknown]
Continuing with the calendar, Page 12 of the printed version, next category of bills, resolutions, regular calendar --
[Unknown]
Mr. Speaker?
Bill Howell
The gentleman from Colonial Heights, Mr. Cox.
Kirk Cox
Mr. Speaker, I 'm going to move the House stand in recess until 12:45.
Bill Howell
The the gentleman from Colonial Heights Mr. Cox moves the House stand in recess until 12:45. As many as favor that motion will say aye, those opposed,
Kirk Cox
That motion is agreed to. No.
[Unknown]
House republican caucus will meet immediately uponieises in House room one, that is the only caucus meeting presently.
Kirk Cox
The House stands in recess until 12:45.
Bill Howell
The House will come to order, members, please take your seats. Sergeant at arms.
[Unknown]
Mr. Speaker, a message from the Senate .
Bill Howell
The gentleman from Rockingham .
[Unknown]
Mr. Speaker, I 've been directed by the president of the Senate to inform the House of delegates the Senate has agreed to House joint resolution 424.
[Unknown]
Thank you.
[Unknown]
[applause]
[Unknown]
The House will come to the clerk will continue with order. The calendar. >>
[Unknown]
Continuing with today's calendar, Page 12 of the printed version, next category, resolutions regular, Page 12, resolutions, regular calendar, first up, Senate joint resolution 70, below possessing an amendment to the constitution of Virginia by adding an article one a section numbered 11-a relating to the right to work, report to the committee on privileges and elections.
Bill Howell
The gentleman from sportsvania, Mr. Cole.
Mark Cole
Thank you Mr. Speaker, Senate joint resolution 70 is the actual proposed amendment to the constitution to place the right to work in the move its adoption. Constitution, and I would
[Unknown]
Shall the resolution be adopted?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 64, nos 34.
[Unknown]
Ayes 64, nos 34, the resolution is adopted.
[Unknown]
Senate joint resolution 127, submitting it to the voters a proposed amendment to the constitution of Virginia in conformity with the provisions of section one of article xii of the constitution of Virginia, reported from the committee on privileges and elections.
Bill Howell
The gentleman from Spotsylvania, Mr. Cole.
Mark Cole
Thank you Mr. Speaker, Senate joint resolution 127 does what the earlier Senate bill did, and that is it puts the proposed right to work constitutional amendment on the ballot for virginians to decide this November. There were concerns given the governor's position on the amendment that the bill May get vetoed, and then there would not be a mechanism to actually place the amendment on the ballot, so this is being done through a resolution rather than a bill. I move its adoption.
[Unknown]
Shall the resolution be adopted?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 64, nos 34.
[Unknown]
Ayes 64, nos 34, the resolution is adopted.
[Unknown]
Continuing resolutions regular, Senate joint resolution 157, conforming appointment by the governor of certain persons communicated January 26, 2016, the resolution was reported from the committee on privileges and elections.
Bill Howell
The gentleman from Spotsylvania, Mr. Cole.
Mark Cole
Thank you Mr. Speaker, this resolution simply confirms appointments made by the governor. I move its adoption.
[Unknown]
Shall the resolution be adopted?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 97, nos, zero.
[Unknown]
Ayes 97, nos, zero, the resolution is adopted.
[Unknown]
Turning to Page 13 of the calendar, Senate joint resolution 158,castling appointments by the governor of certain persons communicated February 9, 2016. Report from the committee on privileges and elections.
Bill Howell
Gentleman from Spotsylvania, Mr. Cole.
Mark Cole
Thank you Mr. Speaker, Senate joint resolution 158 confirms appointments made by the governor. I move its adoption.
[Unknown]
Shall the resolution be adopted?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 98, nos, zero.
[Unknown]
Ayes 98, nos, zero, the resolution is adopted.
[Unknown]
Senate joint resolution 182, confirming appointments by the governor of certain persons communicated February 23, 2016, report from the committee on privileges and elections.
Bill Howell
The gentleman from Spotsylvania, Mr. Cole.
Mark Cole
Thank you Mr. Speaker. This is the final appointments resolution by the governor, and I move its adoption.
[Unknown]
Shall the resolution be adopted?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 97, nos, zero.
[Unknown]
Ayes 97, nos, zero, the resolution is adopted.
[Unknown]
Continuing with the calendar, memorial resolutions laid on the speaker's table, the memorial resolutions begin on Page 13 of the printed calendar, the memorial resolutions be adopted in block are pages 13-15 of today's printed calendar.
[Unknown]
Does any member desire to remove the resolution of the block? Hearing none, all those in favor of adopting en bloc the memorial resolutions as listed on pages 13-15 of the calendar shall please rise.
[Unknown]
The resolutions are agreed to. >>
[Unknown]
Next category, commending resolutions laid on the speaker's table, the commending resolutions we adopted en bloc are listed on pages 16-20, with the exception of House joint resolution 446. Does any member desire to remove a resolution of the block? All those in favor of adopting the coal ending resolutions on Page 16-20 of the calendar with the exception of -- which was it?
[Unknown]
House joint resolution 446. And House resolution 204 will please say aye.
[Unknown]
All those opposed will say no.
[Unknown]
The resolutions are agreed to.
[Unknown]
Continuing with the calendar, on Page 20, next category, House bills vetoed by the governor. Page 20, House bills vetoed by the governor, House bill 259 is an act to prohibit the board of education from replacing the standards of learning with common core state standards without prior statutory approval, the bill originally passed the House January 27, the governor's veto is before the body.
Bill Howell
The gentleman from Loudoun, Mr. Larock.
Dave LaRock
Thank you Mr. Speaker. Mr. Speaker, the bill before us was very easy for us to come to agreement on when it was originally voted on, because it is a very, very simple bill. The question this bill addresses is should we lead the decision of whether or not Virginia would follow 45 other states and opt into the common core, leaving that decision up to an unelected body of nine people on the Virginia board of education. The decision to opt in would be a major shift in education policy and would be one which would carry significant costs to implement. It should be made by this legislature. The governor apparently is not a fan of common core. He referred to it as a step backwards. And I agree. The governor reminded us, and I quote the governor, in June of 2010, the board of education echoed the sentiment by unanimously adopting a statement of support of the standards of learning, and voicing opposition to the common core state standards, end quote. Yes, the board in 2010 opposed common core. That puts it to rest, right? Well, it actually does not. I'd like to point out that the current board is not the same board that made this resolution. There's one remaining member. Mr. Speaker, we have a saying around my House. I being the Head of the household, making all the important decisions. But my wife knows that she has the responsibility of deciding what is important. Mr. Speaker, the question we have before us is who gets to make this very important decision, a decision to opt into a major shift in education policy, one that could cost literally billions to implement. It seems pretty obvious the answer is that we should make that decision. I will close by saying that if we fail to take ownership of this decision, an unelected board May make it for us. If there is no plan to adopt common core in Virginia, there should be no problem voting yes on this bill. Please vote yes on House bill 259 and put this issue to rest. Thank you Mr. Speaker.
Bill Howell
The gentleman from Fairfax, Mr. Simon.
Marcus Simon
Mr. Speaker, members of the House, I 'd like to speak to the veto.
Bill Howell
The gentleman has the floor.
Marcus Simon
Mr. Speaker, members of the House, I understand what's happening here. You all don't like common core. We don't like common core. The governor doesn't like common core. And we have no plan to implement common core. It's not going to happen. So this bill does absolutely nothing. And that's the problem. The bill does nothing except say that for this one particular policy, we want the state board of education to come to us before they could possibly think about doing it. Nobody is thinking about doing it. The bill doesn't do anything. It's unnecessary. The governor doesn't think it's necessary. We don't think it's necessary. I encourage the body to sustain the governor's veto. Thank you Mr. Speaker.
[Unknown]
Mr. Speaker? A message from the Senate .
Bill Howell
The gentleman from Rockingham .
[Unknown]
Mr. Speaker, I 've been directed by the president of the Senate to inform the House of delegates that in the execution of the joint order pursuant to House joint resolution 424, a nomination has been made by the Senate for certain judicial office as listed in the attached papers.
[Unknown]
Thank you. >>
Bill Howell
[gavel] the House will come to order.
Bill Howell
The gentleman from Augusta, Mr. Landes.
Steve Landes
Mr. Speaker, speaking to the governor's veto?
Bill Howell
The gentleman has the floor.
Steve Landes
Mr. Speaker, ladies and gentlemen of the House, I think we've lost the purpose of this legislation, and I want to redirect you to why we do need this legislation, and more importantly, why we need to override the governor's veto. It's very great that the governor agrees that common core is not good policy for Virginia, but governor mcauliffe will not always be governor. And he will eventually leave office, and if we want to take a position of setting in the code why we think common core is not appropriate, and more importantly, not leave that responsibility or that authority to the board of education, we will override the governor's veto. We have done this before in the past, and more importantly, the board of education does a good job. But they do not set the education policy for the commonwealth of Virginia. The general assembly does that.
[Unknown]
And this is a policy matter. Whether you agree or don't agree whether common core is appropriate policy for the commonwealth of Virginia, I would remind members, especially on this side of the aisle, that no child left behind was a policy that we did not think was appropriate for Virginia, but was forced on Virginia by a republican governor. A republican president. And just as no child left behind directed from the federal level what we should do from an education standpoint in Virginia, common core does the same. In a different manner, in a different way. But it's still having the federal government determine what the policy for public education would be in Virginia. So I hope you will vote yes to override the governor's veto, because it is our decision, and more importantly, should not be given and allowed to be given to the board of education alone to make that decision. It is our decision. So let's support overriding the governor's veto and make sure that Virginia 's policy is one of not agreeing to common core.
Bill Howell
Just to be clear, the gentleman from Loudoun, Mr. Larock, wishes for the House to override the governor's veto.
Dave LaRock
Shall the House override the governor's veto?
Bill Howell
The clerk will close the roll.
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 64, nos 32.
[Unknown]
Ayes 64, -- >> The bill -- >> Mr. Speaker?
Bill Howell
The gentleman from Shenandoah .
[Unknown]
You've not announced the vote yet, is that correct?
[Unknown]
That is correct.
[Unknown]
So is the vote still open?
[Unknown]
The vote is -- no.
[Unknown]
We closed it.
[Unknown]
Well, Mr. Speaker, parliamentary inquiry.
Bill Howell
The gentleman May state it.
[Unknown]
Where are we procedurally, if the vote has not been announced --
[Unknown]
I closed the roll. I have not announced the vote. So that's where we are procedurally.
[Unknown]
Further parliamentary inquiry?
Bill Howell
The gentleman May state it.
[Unknown]
If a member was not in his seat and wished to vote, would it be possible it to do that.
[Unknown]
Yeah, just destroy the roll. We will do it over.
[Unknown]
Mr. Speaker?
Bill Howell
The gentleman from Charlottesville .
[Unknown]
Parliamentary inquiry.
[Unknown]
The gentleman May state
[Unknown]
Has not the vote been it. Taken and the roll closed, unless there is a promotion to reconsider the vote before the body? It's pretty clear the roll was closed and you were ready to announce the vote. I don't think there's any doubt the roll was closed.
[Unknown]
I haven't announced the --
[Unknown]
Has not the roll been closed?
[Unknown]
I will announce it.
[Unknown]
It's been closed. The vote was 64-32. Failed.
[Unknown]
Continuing with the calendar, the next category, we have several conference reports that have been submitted --
[Unknown]
Mr. Speaker?
Bill Howell
The gentleman from --
[Unknown]
Parliamentary inquiry, did the motion pass or fail?
[Unknown]
It failed.
[Unknown]
I thought it was two-thirds of those present.
[Unknown]
It is.
[Unknown]
Two-thirds of 99.
[Unknown]
99.
[Unknown]
Okay.
[Unknown]
Present.
[Unknown]
Okay. >>
[Unknown]
The clerk will continue with the calendar.
[Unknown]
A conference report has been received for House bill 127 on Page 21 of today's calendar, also available on line, on ihod and lis. The conference report for House bill 127, a a bill to amend and reenact a section of the code of Virginia relating to real property caks exemption, spouse of member of armed forces killed in action.
Bill Howell
Gentleman from Virginia beach, Mr. Knight.
Barry Knight
Mr. Speaker, this is the language that we think is the most clarifying, and we have the conference report signed, so I move the adoption of the conference report. >>
[Unknown]
You might want to people what it did.
Barry Knight
Yes, sir. This is the killed in action bill. And what it does is the original language is for tax relief in here, and it said killed in action includes a determination by the united states department of defense, died of wounds received in action. We thought that was more clarifying than the original language so that's what is going to be in the bill.
[Unknown]
Shall the conference report be agreed to? >>
[Unknown]
The clerk will close the >>
[Unknown]
Ayes 98, nos, zero. Roll.
[Unknown]
Ayes 98, nos, zero, the conference report is agreed to.
[Unknown]
Turning to Page 22 of today's printed calendar, conference report has been received for House bill 148, conference report, House bill 148 on Page 22 of today's printed calendar, House bill reenact a section of the code 148, a bill to amend and of Virginia relating to real property tax assessment, date to fix tax rate.
Bill Howell
The gentleman from Hanover, Mr. Fowler.
Buddy Fowler
Thank you Mr. Speaker, ladies and gentlemen of the House, the original House version set the date to fix the rate at May 30, the Senate version decided on April 30 so we basically split the difference and the conference report fixes the rate at May 15. I hope it be the pleasure of the House to adopt the conference report.
[Unknown]
Shall the conference report be agreed to?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 99, nos, zero.
[Unknown]
Ayes 99, nos, zero, the conference report is agreed to.
[Unknown]
Continuing on Page 22 of today's printed calendar, a conference report received for House bill 33 -- for 386, House bill 386, a conference report is a a bill to amend and reenact a section of the code of Virginia -- is a bill to amend and reenact a section of the code of Virginia relating to certified nurse aides, training in observational and reporting techniques, conference report is before the body.
Bill Howell
The gentleman from Loudoun, Mr. Minchew.
Randy Minchew
I thank you Mr. Speaker.
[Unknown]
The diversion of this -- the version of the bill that passed the House had verbiage in there including but not limited to. The Senate struck that verbiage without telling us exactly why they chose to do so, and worried about the law of unintentional consequences we rejected that Senate amendment. Mr. Speaker, I learned something, that during conference, there's a code section on point, and I 'm not making this up, title 1-218 that says whenever the word includes is used, it means includes, but not limited to. I learn something every day, Mr. Speaker. And with that bit of education, I would move that the conference committee report be accepted, which accepts the Senate amendment.
Randy Minchew
Shall the conference report be agreed to?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 98, nos, zero.
[Unknown]
Ayes 98, nos, zero, the conference report is agreed to.
[Unknown]
Another conference report has been received, also on Page 22, conference report for the House bill 646, a bill to amend and reenact a section of the code of Virginia relating to department of behavioral health and developmental services related to substance abuse, report on state plan for substance abuse services, conference report is before the body.
Bill Howell
The gentlewoman from Petersburg, Ms. Aird.
[Unknown]
Thank you Mr. Speaker, Mr. Speaker, the conference report for House bill 646 simply clarifies language as to who receives the substance abuse report and when, and I hope it will be the pleasure of the body to accept the conference -- to adopt the conference report.
[Unknown]
Shall the conference report be agreed to?
Bill Howell
The clerk will close the roll.
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 98, nos, zero.
[Unknown]
Ayes 98, nos, zero, the conference report is agreed to.
[Unknown]
Turning to Page 23 of today's printed calendar, conference report is received for House joint resolution 69, House joint resolution 69, establishing a joint subcommittee to study the use of license suspension as a collection method for unpaid court fines and costs, report. Conference report is available online and before the body.
Bill Howell
The gentleman from Richmond city, Mr. Loupassi.
Manoli Loupassi
Yes, sir, this is year number two of this particular House joint resolution, and we got to this place last year at this time and we had a disagreement about how many senators and how many delegates would be on this particular commission, and the majority leader has worked all of this out, and we have reached an agreement with the Senate to have three senators and four delegates on the commission. That's pretty good. So I 'm asking you to accept the conference report. And pass the House joint resolution.
[Unknown]
Shall the conference report be agreed to?
Bill Howell
The clerk will close the roll.
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 98, nos, zero -- nos one.
[Unknown]
Ayes 98, nos one, the conference report is agreed to.
[Unknown]
Turning to Page 24 of today's printed calendar, conference report is received for House joint resolution 84,.
Bill Howell
The gentleman from Virginia beach, Mr. Stolle.
Chris Stolle
Thank you Mr. Speaker. House joint resolution 84 continues the work of the subcommittee on recurrent flooding. We had similar issues with the numbers of senators and delegates that was resolved by Delegate Cox. Mr. Speaker, I move to adopt the conference report.
[Unknown]
Shall the conference report be agreed to? >>
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 99, nos, zero.
[Unknown]
Ayes 99, nos, zero, the conference report is agreed to.
[Unknown]
And Mr. Speaker, turning ahead to Page 27 of the printed calendar, Page 27, a conference report is received for Senate bill 4445, a bill to amend and reenact a section of the code of Virginia relating to fix tax rate, conference report is available on line and before the body.
Bill Howell
The gentleman from Hanover, Mr. Fowler.
Buddy Fowler
Thank you Mr. Speaker, ladies and gentlemen of the House, this is the same situation we found ourselves in with respect to House bill Mr. Speaker, I move adoption 148. Of the conference report.
[Unknown]
Shall the conference report be agreed to?
Bill Howell
The clerk will close the roll.
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 99, nos, zero.
[Unknown]
Ayes 99, nos, zero, the conference report is agreed to.
[Unknown]
Mr. Speaker, that completes today's calendar.
Bill Howell
The House has returned to the morning hour. The gentleman from Colonial Heights, Mr. Cox.
Kirk Cox
Parliamentary inquiry, Mr. Speaker?
Bill Howell
The gentleman May state it.
Kirk Cox
Mr. Speaker, I would ask, since the House has returned to the morning hour, is it now proper to renew the provisions of the joint order resolution hjr424?
[Unknown]
I would say to the gentleman, this is the appropriate time, as we have returned to the morning hour, pursuant to House rule 39. In the morning hour is the time for the House consideration of motions and resolutions and to dispatch the business on the speaker's table. Therefore, the House is now in the posture to proceed with the election of supreme court justice pursuant to House joint resolution 424. >>
[Unknown]
The House will be at ease.
[Unknown]
[House is at ease] >> Nominations are now in order for justice of the supreme court of Virginia. Clerk will report a resolution.
[Unknown]
House resolution 213, nominating a person to be elected as a justice of the supreme court of Virginia. Resolved by the House of delegates, that the following person is hereby nominated to be elected as a justice of the supreme court of Virginia as follows: the honorable ross d. Olsteen, jr. Of Manassas, for a term of 12 years, commencing March 3rd, 2016.
Bill Howell
The gentleman from Toscano speaking to --
[Unknown]
Speaking to the resolution.
Bill Howell
Gentleman has the floor.
[Unknown]
Thank you, Mr. Speaker. Ladies and gentlemen of the House, the other day I rose to contest whether the special order, at least as I described it was properly before the House, because it did not receive a two-thirds vote. I would like to state again for the record my concerns about going forward with this resolution, because if the joint order, the joint and special order was not properly before the House, there is the risk that the appointment might be questionable and could raise some very serious constitutional questions in the future regarding who we appoint. And I would like to state why I believe that to be the case. Judicial elections are pursuant to a joint special and continuing order. If you look at the chamber protocol all of us received on numerous occasions of this body, you turn to Page 68, it discusses judicial elections, and references judges, and it says, I quote, the normal course of action during is for the House and Senate to establish a joint special and continuing order for the election of certain judicial it goes further to talk about judgeships. It again as a joint special and continuing order, and House joint resolution is introduced to set the joint special and continuing order. You might recall that because our rules require that if there is a special order be made under rule 52 of our own rules that it cannot be passed except by a vote of two-thirds of the members present. There is a ruling from the chair and out of deference to the integrity of the body, I did not challenge the ruling of the chair, because that's the way we do things around here, but suffice it to say, we have respectful difference of opinion on this rule. Rule 52 says that the regular order of business herein established shall not be changed, nor any special order be made except by a vote of two-thirds of the members present. There is another provision of rule 52, which speaks about a joint order with the Senate, but the language "special" is not used in that sentence. A joint order with the Senate would involve something like a procedural resolution, it would require 50% vote. In the aftermath of the discussion the other day, we did a little research and we consulted Mason 's guide on parliamentary procedure. It is important because we look the -- at that guide how to conduct ourselves.
[Unknown]
The gentleman is aware we don't use Mason 's, we use jefferson's manual.
[Unknown]
We use both. In Mason 's, it talks about under section 263, general and special orders, and it talks about scheduling and controlling the flow of legislative business through the houses of legislature. A special order is to expedite important business and set a definite time for its consideration, which gives the special order privilege and therefore is the argument for why we do judges by special it is special. In our rules, rule 49 sets the order. Rules for the order of business in every session. Doesn't say anything about special orders. That's why we have a special order provision. It is special, it is outside the regular course of business. Under the rules, general rules of parliamentary procedure, a special order should be subject to a two-thirds vote, and you can understand it. It is special. If somebody wanted to bring up a bill out of order that was not on the calendar, supplemental or otherwise, it would be special and you would have to have special dispensation, otherwise anybody could bring a bill on the body at any point in time. That's why you need the two-thirds majority. What we did the other day, we didn't pass that special order by two-thirds. And therefore it subjects the whole nominating process to some serious procedural problems that May turn up at some point with an enterprising lawyer who wants to take a shot at overturning a supreme court decision. Thank you, Mr. Speaker.
[Unknown]
The gentleman is confusing joint order and special order. We do use special orders, which do require a two-thirds vote, and we use them at the beginning of the session when we set up the two times, when we are going to elect judges, but there's nothing in that order, there's nothing in the constitution that precludes us from bringing up judges at a different time. And it is clear pursuant to House -- to rule 51, that the order is a joint order and only requires a majority vote. I have made my ruling. If the gentleman cares to contest it, he certainly can. I understand his frustration, but we think using jefferson's manual is our guide that we are on firm ground with this. Gentleman from Manassas, Mr. Miller.
Jackson Miller
Speaking to the resolution, Mr. Speaker.
Bill Howell
Gentleman has the floor.
Jackson Miller
Thank you, Mr. Speaker. Ladies and gentlemen, the resolution before us is a wonderful opportunity for each one of us, each and every one of us here today. We have a candidate for the Virginia supreme court that is highly qualified, that has been serving on the Virginia court of appeals for the last few years, has had the highest racing -- rating of every major bar association in the commonwealth of Virginia. Mr. Speaker, my only disappointment in this resolution is it didn't happen nine days ago. And the reason I say that it disappoints me this didn't happen nine days ago is because we still would have been in the month of February, which as we learned in morning hour this session, February is Black history month, and Mr. Speaker, this was a great opportunity, this was a great opportunity for the commonwealth of Virginia to have more african-american supreme court justices than any other state in the union. Think about that. The commonwealth of Virginia is making its own history with this appointment. This legislature can make the commonwealth of Virginia the state with the most african-americans, the most Black -americans, on their supreme court. Getting the support from the body where african-americans are the minority. That is an accomplishment, a piece of history, and I am proud to be supporting this incredibly qualified kwand -- candidate. I hope the body will agree with me and vote for this resolution. Thank you, Mr. Speaker.
Bill Howell
Gentleman from Fairfax, Mr. Sullivan. Speaking to the resolution.
Rip Sullivan
Thank you.
Bill Howell
Gentleman has the floor.
Rip Sullivan
Thank you, Mr. Speaker. Ladies and gentlemen of the House, you know, we do make history when we vote on a supreme court justice, we talk a lot about history in this House. Today I want to go back almost 22 8 years, Mr. Speaker, it was on June 20th, 1788, a young member of this House of delegates, who at the time was also serving as a Delegate to the Virginia convention, which was considering the u.S. Constitution, he stood in front of this body, and he asked the following question: what is it that makes us trust our judges? And he answered for them. Their independence in office, and manner of appointment. Mr. Speaker, that was john Marshall, probably the greatest chief justice in the united states supreme court in history. And he probably, more than anyone else in the history of the united states, cemented the rule of law, which we so revere in this country. Mr. Speaker, ladies and gentlemen of the House, I am concerned today that we are about to ignore chief justice Marshall 's wisdom from so long ago. You know, we are proud of our processes here in Virginia, Mr. Speaker. But this process went badly off the rails. Badly off the rails. We should be beyond who should have called whom when and who didn't call whom when, or who appeared at which press conference. I rise to express concern today, Mr. Speaker, that the way this seat has been considered is potentially a permanent stain on this institution and on our commonwealth. Everyone in this chamber, everyone in this capitol building, everyone in this capitol has seen the news articles and opinion pieces, noting the 31 straight confirmations of gubernatorial nominations over the last 115 years. As far as I can tell, no one, not a soul, has been able to find a single example in the history of our great commonwealth of a sitting supreme court justice being let go simply because the majority could. I am a congenital optimist, Mr. Speaker. I know this general assembly is made up of men and women of goodwill who have been and will continue to be great statesmen, who are here out of -- more out of love of the commonwealth than on any particular party. And I urge us all to step back from the cliff we have put ourselves on and to not elect the candidate before us today, but rather to allow the circumstances which we face to continue and to allow the possibility that justice roush would be able to resume her seat in due time. Thank you, Mr. Speaker.
Bill Howell
The gentleman from Shenandoah, Mr. Gilbert.
Todd Gilbert
Speaking to the resolution.
[Unknown]
Thank you, Mr. Speaker.
Todd Gilbert
Gentleman has the floor. I am not sure to which matter the gentleman from Fairfax was speaking. I think it is a matter that is no longer before us, and the matter that is before us is the election of judge allston to the supreme court. That is the matter to which the gentleman should have been speaking. So speaking to the resolution, Mr. Speaker, we have before us, a highly qualified and experienced candidate, who is well respected among his peers, among lawyers who appeared before him in the juvenile, domestic relations court where he once served, in the signature -- circuit court where he once served, and where he serves now as a highly respected yourist on -- jurist on the court of appeals. Mr. Speaker, when he appeared before us in the courts committee to ee will be rate on his -- elaborate on his official police -- philosophy, which it was very clear that the judge thought it was important that jurists and -- interpret and not write the law, which is something we all in the legislature view as important, since that is our role in our branch of government to write the laws and have judges interpret them. The fact that the judge spoke so strongly about his role as a jurist in interpreting the law I think was all very impressive to us. And he was just impressive generally. This is a man who has spent his life in public service, Mr. Speaker, in those three different levels of court. He was endorsed by all four of the major bar associations. There is not a dissenter to be found as to the qualifications of judge allston to rise to this important post. And so I think a no-vote is a repudiation of every single bit of advice we can get about this man being right for this job, and everybody uniformly, except for the degree to which it imposes on what the governor believes was his prerogative, which it is not, to permanently put people on the supreme court, there is, except for that reason, there is no reason to vote against judge allston for this important post. I would encourage the body to do that. He is our candidate. He is the man on the resolution. And again, Mr. Speaker, this is a man who has done nothing but impress all of those who work with him, and who appeared before him, and has done nothing but impress those of us who have interviewed him in this body. So I highly commend him to the body to support this election. Thank you, Mr. Speaker.
Bill Howell
Gentleman from Chesapeake .
[Unknown]
Mr. Speaker, speaking to the motion.
[Unknown]
Speaking to the motion.
[Unknown]
Yes, sir. Mr. Speaker, and members, I listened very carefully to the gentleman on the other side of the aisle use the word that for the first time he continued to use the word Black, and Black, and I started having a flashback, I said to myself, in 1946, I said to myself, that's the oldest trick in the book they tried to use on Black folks. We don't buy that stuff. These young Black folks, you don't know it, because I am real old. The question is not about the judge. He's qualified. That's not the question. He's highly qualified. The question is that you have a white female who is on the bench that some disagree with the governor. So blame the governor, but don't try to trick Black folks by putting a Black person up against Black folks. That don't work this day and time. To my young Black colleagues over here, listen to the whole matter and truly, we have some smart Black folks in this chamber and on the other side of the aisle. It's not a decision that the governor for us, because when it comes to Black folks, I would tell him in a minute, some saying I wonder what would happen had that lady that the governor appoints, whether it was right or wrong, what happened if she was Black ? I wonder would you all have challenged that then? Hmm. I wonder about that. So I am sitting here thinking, well, Spruill --
[Unknown]
Could I advise the gentleman to be a little careful of his language?
[Unknown]
I apologize.
[Unknown]
The people on this side of the aisle --
[Unknown]
I apologize, Mr. Speaker, I will. Yes, sir, I will. To all of you, the question is look at why should we vote for anybody. Not because a person is Black or white. I'm just saying the gentleman is put up because the governor put the lady on the bench and someone don't like that, so they put up another challenge and tried to use Black as saying we should vote for it. I am asking you all to stick with the governor. Thank you.
Bill Howell
As many favor adoption. Resolution say aye. Opposed no. Resolution agreed to. Gentleman from please take your seats. Ready to vote. Those in favor of the honorable rossie d. Alston, jr. To be justice. Supreme court of Virginia for a term of 12 years commencing seats: March 3rd, 2016 will vote yes on the electronic voting machine. The clerk will close the roll.
[Unknown]
The speaker Loupassi, alba and Watts to count and report the vote of each House .
[Unknown]
House will be at ease.
Bill Howell
House will come to order. Members please take your seats. Gentleman from Colonial Heights, Mr. Cox.
Kirk Cox
Mr. Speaker, I move that we suspend hjr 424.
Bill Howell
The gentleman from Colonial Heights, Mr. Cox, gentleman from Charlottesville, Mr. Toscano?
Kirk Cox
Mr. Speaker, would the gentleman yield for a question?
[Unknown]
I yield.
Kirk Cox
Gentleman tell us what hjr 424 is?
[Unknown]
That is the resolution that was in front of you that came over today dealing with elections, Senate conferring, we shall proceed to elect a member for the supreme court.
[Unknown]
Mr. Speaker, will the gentleman yield for a question?
[Unknown]
I yield.
[Unknown]
Gentleman yields.
[Unknown]
I would ask the gentleman how we just elected somebody out of this body to be on the supreme court.
[Unknown]
Would the gentleman repeat the question?
[Unknown]
I would ask the gentleman, isn't it true that we just cast votes to elect someone out of this bofldy to -- body to the supreme court of Virginia ?
[Unknown]
I would say to the gentleman we just did vote. My understanding is the Senate has adjourned, and with that, obviously we cannot tally the skroets -- votes at this point. I think the proper thing on the resolution, if the gentleman would look at 14, and 15, it says suspended by presiding officer, anytime longer than 24 hours to receive the report of the joint committee. Obviously can't receive the report at this point, so I think it makes perfect sense under that to sus end. -- suspend.
[Unknown]
Parliamentary inquiry.
Bill Howell
Gentleman May state it.
[Unknown]
Mr. Speaker, is the gentleman -- doesn't the gentleman have to make the motion to suspend to a certain time and date?
[Unknown]
Yeah. I think the joint order says you have 24 hours.
[Unknown]
Would the gentleman yield for a question?
[Unknown]
I yield.
[Unknown]
Would the -- I would ask the gentleman when does he intend to take up this issue again?
[Unknown]
I would say to the gentleman that under my reading of this, you have 24 hours. So anytime during that time period.
[Unknown]
Then I would think it would
[Unknown]
Okay. Be within 24 hours it is mute, basically.
[Unknown]
Speaker, parliamentary in quiry. My understanding would be correct at least on this, it does require majority vote alone, to suspend the rule.
[Unknown]
Yes.
[Unknown]
Not a super majority.
[Unknown]
Not unless you want it.
[Unknown]
I want it, but I know I can't get it under this rule. [ laughter ] at least I agree on that with you, thank you.
[Unknown]
Shall the motion be agreed to. As many favor that motion say aye. Opposed no. Motion agreed to. We are back in the morning hour. Clerk have any announcements or communications?
[Unknown]
Mr. Speaker, today's meeting schedule, only meetings this afternoon is the courts of justice, House courts of justice committee meets upon jurnment of the House, downstairs in House room 1 to certify judges for tomorrow's consideration. House court certification of judges, immediately upon adjournment downstairs House room 1. That's the only legislative meeting for this afternoon. Looking ahead to tomorrow morning, Wednesday, March 9th. Several caucus meetings to begin the day. Arts caucus will meet at 8:00 in fifth floor west conference room. Over in the gab, the military and veterans caucus will meet, also 8:00. They will be in fourth floor west conference room. Tomorrow morning at 8:00, women's healthcare caucus, they will be meeting in the third floor east Senate conference room. Finally, the democratic caucus will meet at 9:30 tomorrow in House room 2 downstairs from the capitol, republican caucus will meet at 9:15 downstairs in House room 1 here in the capitol. That completes the announcements I have. I am sorry, Mr. Speaker --
Bill Howell
Gentleman from Fairfax, Mr. Hugo.
Tim Hugo
Mr. Speaker, I believe republicans want to have a caucus downstairs right after we recess.
[Unknown]
Well, that's what I was thinking, too, but I understand courts is meeting downstairs immediately upon adjournment. Perhaps you guys can meet a half hour after adjournment. [ laughter ]
Tim Hugo
The House republican caucus is going to meet immediately upon the adjournment downstairs today. House room 1. Courts of justice committee will meet a half hour after adjournment of the House in House room 1.
[Unknown]
Mr. Speaker?
Bill Howell
Gentlewoman from Fairfax .
[Unknown]
I rise for announcement.
Bill Howell
Gentlewoman has the floor.
[Unknown]
Thank you. The women's healthcare caucus is not going to meet tomorrow. Never mind. [ laughter ]
[Unknown]
I was concerned. I think it conflicts with the art caucus. What do you do? [ laughter ]
[Unknown]
Mr. Speaker, I would also request Senate joint resolution 210, there is a co-patron sign-on sheet that's floating around the chamber somewhere, it -- if you have it, return it to Delegate Taylor. Sj 210, co-patron sign had been on sheet.
Bill Howell
Gentleman from Colonial Heights -- from Fairfax, Mr. Hugo.
[Unknown]
I just want to remind members right afterwards, there is a caucus, it's important that everybody attend.
Bill Howell
Thank you. Gentleman from Colonial Heights, Mr. Cox.
Kirk Cox
Mr. Speaker, I move when the House adjourn today, it reconvene tomorrow at 10:00 a.M.
Bill Howell
The gentleman from Colonial Heights, Mr. Cox, moves when the House adjourn today, it reconvene tomorrow at 10:00 a.M. As many as favor that motion say aye. Opposed no. That motion is agreed to. Gentleman from Colonial Heights, Mr. Cox.
Kirk Cox
Mr. Speaker, I move the House do now adjourn.
Bill Howell
Gentleman from Colonial Heights, Mr. Cox, moves the House do now adjourn. As many -- favor that motion say aye. House stands adjourned until 10:00 a.M. Tomorrow.
Kirk Cox
The House will come to order. The House will be at ease.
[Unknown]
[House at ease] >> >>