03/09/2016 House Proceedings

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Index

HB1188—00:03:40
HB1183—00:00:40
HB1188—00:01:55
SB41—00:09:25
SB767—00:06:41
SB750—00:07:20
HB773—00:01:55
HB883—00:03:05
HB525—00:00:40
HB846—00:00:10
HB1069—00:00:40
HB1343—00:00:20
HB1362—00:00:15
HB1069—00:00:25
HJ177—00:00:30
Del. Kirk Cox (R-Colonial Heights)—00:00
Sen. John Bell (D-Chantilly)—02:10
Del. Margaret Ransone (R-Kinsale)—00:00
Del. Roxann Robinson (R-Chesterfield)—00:30
Del. Steve Landes (R-Weyers Cave)—00:50
Del. Nick Rush (R-Christiansburg)—00:00
Del. Buddy Fowler (R-Ashland)—00:10
Del. Mark Sickles (D-Alexandria)—00:10
Del. Chris Jones (R-Suffolk)—07:16
Del. Cia Price (D-Newport News)—00:40
Del. Todd Gilbert (R-Woodstock)—00:20
Del. Scott Taylor (R-Virginia Beach)—01:00
Del. Ron Villanueva (R-Virginia Beach)—01:10
Del. Bob Marshall (R-Manassas)—00:00
Del. Riley Ingram (R-Hopewell)—00:05
Del. Mark Cole (R-Fredericksburg)—00:05
Del. Mark Sickles (D-Alexandria)—00:36
Del. Peter Farrell (R-Henrico)—01:55
Del. Mark Sickles (D-Alexandria)—01:45
Del. Bob Marshall (R-Manassas)—01:00
Del. Lee Ware (R-Powhatan)—00:00
Del. Roxann Robinson (R-Chesterfield)—00:05
Del. Kirk Cox (R-Colonial Heights)—05:20
Del. David Toscano (D-Charlottesville)—01:35
Del. Tim Hugo (R-Centreville)—01:45
Del. Todd Gilbert (R-Woodstock)—01:00
Del. Vivian Watts (D-Annandale)—00:20
Del. Todd Gilbert (R-Woodstock)—00:00
Del. Vivian Watts (D-Annandale)—00:15
Del. Todd Gilbert (R-Woodstock)—00:05
Del. Vivian Watts (D-Annandale)—00:40
Del. Todd Gilbert (R-Woodstock)—00:05
Del. Vivian Watts (D-Annandale)—00:45
Del. Todd Gilbert (R-Woodstock)—00:45
Del. Marcus Simon (D-Falls Church)—02:15
Del. Bob Marshall (R-Manassas)—01:30
Del. Marcus Simon (D-Falls Church)—00:00
Del. Mark Cole (R-Fredericksburg)—00:45
Sen. Jennifer Boysko (D-Herndon)—02:11
Del. Riley Ingram (R-Hopewell)—00:25
Del. John O'Bannon (R-Richmond)—00:25
Del. Steve Landes (R-Weyers Cave)—00:35
Del. Mark Dudenhefer (R-Stafford)—00:40
Del. Lee Ware (R-Powhatan)—00:05
Del. Todd Gilbert (R-Woodstock)—01:45
Del. Mark Levine (D-Alexandria)—00:10
Del. Todd Gilbert (R-Woodstock)—00:10
Del. Mark Levine (D-Alexandria)—00:30
Del. Todd Gilbert (R-Woodstock)—01:00
Del. Mark Levine (D-Alexandria)—00:10
Del. Todd Gilbert (R-Woodstock)—02:25
Del. Greg Habeeb (R-Salem)—01:06
Del. Bob Marshall (R-Manassas)—00:15
Del. Greg Habeeb (R-Salem)—00:50
Del. Jason Miyares (R-Virginia Beach)—00:10
Del. Jim LeMunyon (R-Oak Hill)—00:15
Del. Chris Jones (R-Suffolk)—00:05
Del. Tim Hugo (R-Centreville)—00:10
Del. Chris Jones (R-Suffolk)—01:30
Del. Todd Gilbert (R-Woodstock)—00:15
Del. David Toscano (D-Charlottesville)—00:05
Del. Jason Miyares (R-Virginia Beach)—00:20
Del. Kirk Cox (R-Colonial Heights)—00:20
Del. Tag Greason (R-Potomac Falls)—00:55
Del. Jim LeMunyon (R-Oak Hill)—00:20
Del. Tag Greason (R-Potomac Falls)—00:00
Del. Kirk Cox (R-Colonial Heights)—00:15
Del. Chris Jones (R-Suffolk)—00:05
Del. Roslyn Tyler (D-Jarratt)—00:05
Del. Kirk Cox (R-Colonial Heights)—00:15
Del. Jay Leftwich (R-Chesapeake)—00:10
Del. Kirk Cox (R-Colonial Heights)—00:35
Del. David Toscano (D-Charlottesville)—00:05
Del. Kirk Cox (R-Colonial Heights)—00:15
Del. David Toscano (D-Charlottesville)—00:10
Del. Kirk Cox (R-Colonial Heights)—00:20
Del. David Toscano (D-Charlottesville)—00:30
Del. Kirk Cox (R-Colonial Heights)—00:10
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Minutes

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

Mace placed on Speaker's table by Sergeant at Arms

Prayer offered by The Reverend Carolyn Landes Bing, Pastor of Counseling Ministries, Harrisonburg Church of the Nazarene

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 Tuesday, March 8, 2016, approved by the Speaker

Senate communication received
House bills passed: HBs 238, 814, 1059
Senate bills, House amendments agreed to: SBs 125, 285, 294, 352, 363, 576, 695
Senate bills, House substitutes agreed to: SBs 323, 337, 358, 415, 517, 611, 645, 701, 734, 746
House joint resolution agreed to: HJR 347

SB 237 - House insists on amendment and requests Committee of Conference

SBs 39, 692, 748 - House insists on substitutes and requests Committees of Conference

HBs 25, 168, 373, 568, 622, 842, 858, 879, 1228, 1255 - House accedes to Senate request for Committees of Conference

HB 895 - Conferees appointed: Greason, LeMunyon, Bulova

SB 329 - Conferees appointed: Pillion, Kilgore, Mason

SJR 58 - Conferees appointed: Stolle, Cox, Toscano

SJR 85 - Conferees appointed: Landes, Cox, Toscano

SJR 97 - Conferees appointed: Yancey, Cox, Plum

Motion by Delegate Cox to recess agreed to

House recessed at 10:25 a.m. until 10:50 a.m.

SB 468 - Conferees appointed: Ingram, Hugo, Hester [Delegate Hester replaces Delegate Spruill]

Motion by Delegate Cox to suspend the special and continuing order relating to the election of judges until the end of the Calendar 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

SENATE BILLS READ THIRD TIME
REGULAR CALENDAR
SB 669S - Passed by for the day
SB 578AS - Committee Substitute agreed to, Delegate Hugo floor amendment agreed to, Passed (Y-93 N-4)
SB 579AS - Committee Substitute agreed to, Delegate Hugo floor amendment agreed to, Passed (Y-94 N-3)
SB 758 - Passed by for the day
SB 41S - Committee Substitute agreed to, Passed (Y-59 N-38)
SB 767 - Defeated (Y-46 N-52)
SB 750AS - Committee Substitute agreed to, Delegate Gilbert floor amendments agreed to, Passed (Y-93 N-6)

HOUSE BILLS WITH SENATE AMENDMENTS
HB 773 - Senate substitute ruled not germane
HB 883 - Senate amendment agreed to (Y-71 N-27)
HB 451 - Senate amendments agreed to (Y-96 N-3)
HB 525 - Senate substitute agreed to (Y-98 N-0), Reconsidered, Passed by for the day
HB 665 - Senate amendments agreed to (Y-99 N-0)
HB 846 - Senate substitute rejected (Y-1 N-98)
HB 1069 - Senate substitute with amendment agreed to (Y-89 N-10), Reconsidered, Senate substitute with amendment agreed to (Y-85 N-14)
HB 1343 - Senate substitute rejected (Y-0 N-99)
HB 1362 - Senate substitute rejected (Y-0 N-98)

HJR Senate Amendment
HJR 177 - Senate substitute agreed to (Y-85 N-5)
HJR 332 - Senate substitute agreed to (Y-99 N-0)

COMMENDING RESOLUTIONS ON THE SPEAKER'S TABLE
HJR 446 - Passed by indefinitely

HOUSE BILLS WITH GOVERNOR'S RECOMMENDATIONS
HB 605 - Passed by for the day
HB 766 - Passed by for the day

Motion by Delgate Cox to recess agreed to

House recessed at 11:47 a.m. until 12:15 p.m.

SENATE BILLS READ SECOND TIME
UNCONTESTED CALENDAR
SB 369A
SB 438
SB 449
SB 457
SB 459
SB 476

SENATE BILLS READ SECOND TIME
REGULAR CALENDAR
SB 270
SB 478

SENATE JOINT RESOLUTIONS REFERRED
SJR 188 - Referred to Committee on Rules

Transcript

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

[Unknown]
[gavel]
Bill Howell
The House will come to order, members, please take your seats. Sergeant at arms.
Bill Howell
The House is now in session. All persons not entitled to privileges on the floor, please retire to the gallery.
Bill Howell
The members will rise and be led in prayer by the Reverend carolyn Landes binge, pastor of counseling ministries, harrison church of the nazarene and remain standing for the pledge of allegiance to the united states of america, bed I will the gentleman from Colonial Heights Mr. Cox.
Kirk Cox
Let us pray together, please. Dear creator, we humbly acknowledge your love, grace, and mercy. We are grateful to be able to serve you and others. Please give us your mind and your heart. We are reminded that we are defined by being yours. Not by what we do. We ask for your guidance and wisdom as we serve our community and the people of the commonwealth of Virginia. Clergy statewide has been praying for you during this session, and for your families. Lord, we will continue to lift them up. We acknowledge your plan and purpose for our lives. We receive your love, which is unconditional, unfailing, and everlasting. In your precious and holy name, we pray, amen.
[Unknown]
Amen.
Kirk Cox
[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
[Unknown]
Pursuant to House rule present. Three, I 've examined 57d approved the journal of the House of delegates for March eight, 2016. Motions and resolutions under rule 39 are now in order. Does the clerk have any communications. Announcements or
[Unknown]
Several communications Mr. Speaker, the Senate has rejected House amendments to Senate bills 39, Senate bill 237, Senate bill 692, and Senate bill 748. >>
Bill Howell
The gentleman from Colonial Heights Mr. Cox.
Kirk Cox
I move the House insist on amendments and request a committee of con -- conference on the previously reported legislation. Motion will say aye, those
[Unknown]
As many as favor that opposed, no.
Kirk Cox
That motion is agreed to.
[Unknown]
In addition, the Senate has insisted on its amendments and requested a committee of conference on the following House bills, House bills 25, House bill 168, House bill 373, House bill 568, House bill 622, House bill 842, House bill 858, House bill 879, House bill 1228, House bill 1255.
Bill Howell
The gentleman from Colonial Heights Mr. Cox.
Kirk Cox
Mr. Speaker, I move the House accede to the request of the Senate for a committee of conference on the previously reported legislation.
[Unknown]
As many as favor that motion will say aye, those opposed, no.
Kirk Cox
That motion is agreed to.
[Unknown]
In addition, on behalf of the House, committees of conference for four or five bills here, first up, House bill 895, speaker appoints Greason, LeMunyon, Bulova, 895, speaker anoints Greason, LeMunyon, Bulova, for Senate bill 329, the speaker appoints on behalf of the House as conferees delegates Pillion, Kilgore, Mason. For House bill -- Senate bill 329, delegates Pillion, Kilgore and Mason. For Senate joint resolution 58, the speaker appoints on the part of the House delegates Stolle, Cox, and Toscano. Senate joint resolution 58, delegates Stolle, Cox, and Toscano goovment Senate joint resolution 85, the speaker anoints on behalf of the House conferees delegates Landes, Cox and Toscano. For Senate joint resolution 85, delegates Landes, Cox and Toscano. Finally, the speaker appoints on behalf the House for Senate joint resolution 97, delegates Yancey, Cox and Plum, sjr # seven, House conferees, delegates Yancey, Cox and Plum .
Bill Howell
The gentleman from Loudoun, Mr. Bell.
John Bell
Mr. Speaker, I rise for a point of personal privilege?
[Unknown]
The gentleman has the
John Bell
Mr. Speaker, as we floor. Celebrate women's history month I wanted to take a moment to recognize the contributions that women have made to our military. Today, over 200,000 women currently serve on active duty in our military. Today, I want to single out and honor a particular individual, retired general ann dunnwoody, the first woman in u.S. Military history to achieve the rank 64 -- rank of four sphar general. The general was born in Virginia to a military family. Her family's history of military service goes back five generations. With relatives who served our country in cuba, as well as world war ii, the korean war, the vietnam war, while she was born here in Virginia, she frequently moved with her family, spent much of her time growing up in germany and belgium. While she was in college, she attended an army introduction program, that led her to taking the women's army officer orientation course. Upon graduation of college she was directly commissioned into the women's army corps. She served admirably as a division parachute officer, deployed during operation desert storm, as well as the first core support, command-commander during operation enduring freedom. In addition, as the commander of service deployment and distribution command, she supported the largest deployment and redeployment of u.S. Forces since world war ii. She also played a very active role in working it to decrease sexual assault within the army, believing it should be the aim of the army to be the example for the world in this regard. In 2004, she returned to Virginia, where she became the first woman to command the combined armed support command at fort Lee. In June of 2008, she was nominated as commanding general of u.S. Army material command by president george w. Bush. A few months later on November 14, 2008, she received her fourth star. She then served until her retirement in 2012. Mr. Speaker, I ask that this month, as we recognize the accomplishments of women in our nation's history, we remember the service women who protect our nation today, and we also today honor the service and the path that general dunwoody has led for all women in our armed forces. Thank you.
[Unknown]
[applause]
Bill Howell
The gentlewoman from west more land, Ms. Ransone.
Margaret Ransone
Mr. Speaker, I rise for a request.
Bill Howell
The gentlewoman has the floor.
Bill Howell
I would like to request the gentleman from Halifax is away due to pressing personal business.
Bill Howell
The journal will so reflect.
Bill Howell
The gentlewoman from Chesterfield, Ms. Robinson.
Margaret Ransone
Thank you Mr. Speaker, I rise for an introduction.
Bill Howell
The gentlewoman has the floor.
Roxann Robinson
Ladies and gentlemen of the House, in the gallery today, I 'd like for them to stand, visiting the capitol, we have Mrs. Elizabeth dyson, fourth grade class from banner christian school in north Chesterfield. Banner christian school is a k-12 program dead gated to -- dedicated to developing the whole person and considers paramount every child's academic, emotional, physical, social and spiritual needs, along with the capitol, the class will also be going to visit st. St. John's church. I ask the body to give a warm welcome to the fourth graders from banner christian school.
Roxann Robinson
[applause]
[Unknown]
We are really delighted to see the fourth graders here today and hope you enjoy your time in the capitol, and at st. John's church as well.
Bill Howell
The gentleman from Augusta, Mr. Landes. Mr. Speaker, I rise for the purpose of an introduction.
Bill Howell
The gentleman May proceed.
[Unknown]
Mr. Speaker, ladies and gentlemen of the House, this morning we have with us two special guests from the area that I represent, and I 'm going to ask them to stand and be recognized. First I 'd like to introduce Reverend carolyn Landes binge, who is the pastor of counseling ministry that is offered our prayer this morning for the harrison first church of the nazarene. That is a very large church with a large denomination and have exceptional ministries. Also, with her is betty Landes, who, Mr. Speaker, I know under the rules, this is not appropriate but I 'm going to do it anyway, who has joined Reverend bing, who is my mom, and Reverend bing happens to be my sister. So I hope you will welcome the -- welcome them to the House this morning!
[Unknown]
[applause]
[Unknown]
We are delighted to have the Landes family with us this morning. We thank you very much for taking the time. We are very proud. I know you are very proud of your brother and son. Thank you.
Bill Howell
The gentleman from Montgomery, Mr. Rush.
Nick Rush
Thank you Mr. Speaker. I rise for a motion?
Bill Howell
The gentleman May state it.
Nick Rush
Mr. Speaker, could House joint resolution 446 on Page 10 be passed by indefinitely?
Bill Howell
Without objection, House joint resolution 446, by until July 4th.
[Unknown]
[laughter]
Bill Howell
The gentleman from Hanover, Mr. Fowler.
Buddy Fowler
Thank you Mr. Speaker. I rise for the purpose of an introduction?
Bill Howell
The gentleman has the floor.
Buddy Fowler
Thank you Mr. Speaker. Ladies and gentlemen of the House, today joining us in the gallery is miss melissa Miller from the Hanover chamber of commerce. Hope you will join me in giving miss Miller a warm House welcome.
Buddy Fowler
[applause]
Bill Howell
The gentleman from Fairfax, Mr. Sickles.
Mark Sickles
Thank you Mr. Speaker. I rise for an announcement?
Bill Howell
The gentleman has the floor.
Mark Sickles
Thank you Mr. Speaker. Tonight at the library at 6:30 to 8:00, we will be joined by our turkish american friends, virginians, who will bring some of that fantastic turkish food, kabobs, and I hope you will come by and talk to them, the library, 6:30 tonight, thank you very much, Mr. Speaker.
Bill Howell
The gentleman from Suffolk, Mr. Jones.
Chris Jones
Mr. Speaker, I rise for a point of personal privilege?
Bill Howell
The gentleman May proceed.
Chris Jones
Mr. Speaker, ladies and gentlemen of the House, last night, around 9:00 o'clock, the House and Senate conferees finished their work on House bills 29 and 30. And I am --
Mark Sickles
[applause]
[Unknown]
Thank you. The report should be available on line hopefully by between 4:00 and 6:00 this evening, then the 48 hour procedural clock will then begin. For the second year in a row we will be voting on a budget prior to Saturday and I 'm very proud of that accomplishment, and proud to be part of the team. I appreciate the hard work of all the conferees. I will get to that in a minute. This is a conservative, responsible and structurally balanced budget. It does not include any fee or tax increases. It restores the rainy day fund to 90 percent of its balance prior to 2014 shortfall. It fully funds the vrs rate, the board-certified rates for state employees the first year. And it does so for the teachers in the second year. We have taken the $193 million deferral that existed from three or four years ago, we have paid that off. That saves us $88 million in our fund, half general fund and half nongeneral fund. There will be a bond bill, 1334, we will finish today and we will allocate any excess revenues that we have when the end of the year occurs it to bind out any debt that might occur from it this bond package. On k-12, we actually have $73 million more than what was introduced in the governor's budget. I think that deserve as round of applause for the conferees.
[Unknown]
[applause]
[Unknown]
Delegates Greason and cost did an outstanding job in conference. It provides for a 2 percent teacher pay raise in the first year. It reestablishes a lottery policy in the second year, we will have $147 million in the k-12 budget that is 29 percent of the lottery. We used to have a policy of 40 percent going back to our jurisdictions. This will get us 3/4 of the way there. I'm very proud of their work. We also have for those in northern Virginia $36 million in cost it to compete and $35 million for additional at-risk and divisions across the commonwealth with high, free and reduced lunch populations. On higher education, we include $114 million for operational and maintenance at our colleges and universities to hold down tuition increases for Virginia families, and this budget that you will be voting on, conference report on Friday, 78.6, I will repeat that, 78.6 million more dollars that was introduced in the governor's budget. On economic development, we had a priority of trying to make sure where we spend our money. We know what's going on. Our position prevailed with dollars for the two positions in ja -- jlarc to do an annual review, we funded the Virginia initiatives, we added -- I think we split the difference with del the gentleman from Colonial Heights Mr. Cox -- Delegate Cox, went to $35 million, we add $12.5 million for the credentialing work force to kathy Byron 's bill, and we have $1.5 million for broadband and underserved areas of our commonwealth. We setted in health care safety net, we have 355 new waiver slots on top of the doj mandate.
Kirk Cox
[applause]
[Unknown]
This will get 200 people off of the urgent waiting list. We stopped the closure of catawba hospital, we invest in our state employees. We have a 3 percent raise for state employees in year one, which I think is significant, we have a 2 percent pay raise for our state-supported local employees, plus career development, and we fully funded the compression for the sheriffs, we did $65, and $85, 85 for the sworn, 65 for the nonsworn, for the years of service, years over five and up to cap at 30. For our state police, they will get a 3 percent raise as well. If you recall last year, we actually started a two year process to fix compression. We will fully fund that second year, and Senator carco had a legislation that had -- excuse me, in the budget, he had 10 new members of a newly established tactical division, based on special operations division -- that sounds I guess more official. He had 10 in the first year, 10 in the second year. We've actually moved those positions to the first year, so we will be funding 20 positions, and southwest Virginia, I think it's region three? I think region three. So that I think is very significant. It's, as I said, a conservative budget, and I 'm very proud of the work that has been done. Structurally balanced and at the start of the session, the speaker said the most important thing was how we prepped our budget. I think we as a House have done a wonderful job, working with our colleagues at the end of the Hall. If I could, todd, Delegate -- you all are killing me. I know you all are talking. To get back where I was, excuse me --
Bill Howell
The House will come to order.
[Unknown]
-- is a bipartisan, bi-camral document that will be on your desk on Friday. The reason I wanted everyone to listen to this part is we got here because of the approach that we have taken the last couple of years and the Senate has taken the last couple of years. The governor gets credit, Senate gets credit and we get credit. We have to work together as a team and that's what we have done. It's a stark contrast to what happens in Washington. And I am very proud of the Senate 's stance, the staff that's done a good job with our staff, they started many, many months ago working on issues together, and what you see and will see tonight on line and Friday is a product of that effort. I look forward to voting on Friday. Before I close, I want to -- robert and his staff, I 'm not sure what happened with the Senate staff last night but I assume they were here late, dottie who does our proofing, she left this morning at 815 time and I saw her yesterday at 9:00 o'clock, two of our staffs went home between 3:00 and 4:00 and back here at 9:00 o'clock. That tells you the dedication, because you have to balance, you have to proof, make sure everything is correct when we get it. Lastly, I want to thank steve, Delegate Landes, Delegate Cox, Delegate Greason, Delegate O'Bannon, Delegate Torian, those five individuals did the bulk of the work, they worked very late, hhr is worth probably about three subcommittees and I 'm very proud of the fact they were able to work with colleagues upstairs in a very collegial way to get a budget done on time, and we will be voting prior to Friday. So I want to thank you again for all that you all have done in help to shape this budget and I look forward to the discussion on Friday, and Mr. Speaker, thank you for your time.
[Unknown]
Thank you.
[Unknown]
[applause]
Bill Howell
The gentlewoman from new part news, Ms. Price.
[Unknown]
Mr. Speaker, I rise for an introduction?
[Unknown]
The gentlewoman has the
[Unknown]
Thank you. Floor. Mr. Speaker, ladies and gentlemen, today, we have with us students from Mr. Terry Jones ' life skills empowerment class at woodside high school rkt located in new part -- located -- high school located in Newport News. This class is a perfect example of a partnership between the Newport News public school system and local nonprofits as brothers on the block work with them weekly. These students are awesome, and they are interested in more educational opportunities and epic economic development so they can continue to work hard towards a successful future. Students, we encourage you to stay engaged, and we wish you well in the rest of your school year! Thank you.
[Unknown]
[applause]
[Unknown]
We are pleased to have the students from Newport News with us today and hope you enjoy your visit it to the capitol.
Bill Howell
The gentleman from Shenandoah, Mr. Gilbert.
Todd Gilbert
Mr. Speaker, I rise for a motion.
Bill Howell
The gentleman has the floor.
Todd Gilbert
Mr. Speaker, I move that the following bills go by for the day: on Page one of the printed calendar, Senate bill nine. On Page two, Senate bill 669. On Page three, Senate bill 758. On Page 18, House bill 605. And on Page 18, House bill 766.
Bill Howell
Without objection, those bills will go by for the day.
Todd Gilbert
Thea from Virginia beach, Mr. Taylor.
Todd Gilbert
Mr. Speaker, I rise for an introduction.
Bill Howell
The gentleman has the floor.
[Unknown]
Thank you Mr. Speaker. In the gallery today, or possibly over at the Senate right now, law enforcement united is here with us today, 100 percent volunteer organization that honors the service and sacrifices of officers who have given their life in the line of duty, along with providing support to family members. They have a road to hope, 250-mile bike ride, from Chesapeake to Washington, d.C., that promotes awareness of fallen officers and raises donations to support their charities. It requires a great deal of time, commitment not just from the members, but from their various departments, law enforcement united is a nonpolitical, reaches out to both sides of the political aisle. There are three sheriffs in Virginia who not only personally support law enforcement united, but go above and beyond. Virginia beach sheriff ken Stolle, Fairfax sheriff stacy kincaid, and Chesapeake sheriff john o'Sullivan, as well as Virginia state superintendent colonel steve flairy, the support gives us tools and personnel and logistical support they need to accomplish their mission. I would move that the House give the members of law enforcement united a warm welcome.
[Unknown]
[applause]
[Unknown]
We are pleased to have the officers with us, we thank you for all that you do, and thank you for being here applaud your efforts. Today.
Bill Howell
The gentleman from Virginia beach, Mr. Villanueva.
Ron Villanueva
Mr. Speaker, I rise for an introduction.
Bill Howell
The gentleman has the floor. The House, in my parent's
Ron Villanueva
Ladies and gentlemen of native language, the translation in Virginia, hotoyiong. All right? Mr. Speaker, ladies and gentlemen in the House, we have with us three beautiful princesses representing miss preteen Virginia. We have mia alana kalem, miss preteen Virginia, mia, an advocate for chronic illnesses for children, she is seven years old and wants to be the president of the united states.
[Unknown]
[applause]
[Unknown]
We have miss carel fuentes, a nine-year-old third grader, and she enjoys reading books, and her dream is to become either a teacher or a nurse.
[Unknown]
All right? And then we have miss --
[Unknown]
Give her a round of applause.
[Unknown]
[applause]
[Unknown]
Miss angelina myers, also nine years old, and attends public schools. She is a performer, and currently is a cheerleader at her school's basketball team. On behalf of the beach boys from the Virginia beach, we give them a warm round of applause and I would ask my fellow colleagues to give them a warm round of applause.
[Unknown]
[applause] thank you.
[Unknown]
We are delighted to have the -- I guess future president with us, and --
[Unknown]
[laughter]
[Unknown]
And other very important people. Thank you very much for taking the time to come and visit with us today.
Bill Howell
The gentleman from Colonial Heights, Mr. Cox.
Kirk Cox
Mr. Speaker, I move the House stand in recess until 10:50.
Bill Howell
The gentleman from Colonial Heights Mr. Cox moves the House stand in recess until 10:50. As many as favor that motion will say aye, those opposed, no. That motion is agreed to.
Kirk Cox
The House republican caucus will meet immediately upon recess in House room one.
[Unknown]
Democratic caucus will meet immediately upon recess in House room two.
Kirk Cox
The House stands in recess until 10:50.
[Unknown]
[House in recess until
Bill Howell
The House will come to order. The clerk will continue with the calendatable, the memol resolutions to be adopted en bloc are listed on pages 8-10 of the printed calendar.
[Unknown]
Does any member desire to remove a resolution from the bloc? Hearing none, all those in favor of adopts the memorial resolutions laid on speaker's table as listed on pages 8-10 of the calendar shall please rise.
[Unknown]
The resolutions are agreed to.
[Unknown]
Continuing with the calendar, next category, commending resolutions, laid on the speaker's table.
[Unknown]
Mr. Speaker?
Bill Howell
The gentleman from Prince William, Mr. Marshall.
Bob Marshall
Having voted on the prevailing side by which we refused to engross Senate bill 767, I move we reconsider that vote.
[Unknown]
What Page ?
Bob Marshall
Page -- it's on one of the pages, Mr. Speaker.
[Unknown]
It's three.
[Unknown]
It's three.
Bill Howell
The gentleman from Prince William, Mr. Marshall, moves that having voted on the prevailing side by which we agreed to Senate bill 76 #, we reconsider that vote.
Bob Marshall
As many as favor that motion will say aye.
[Unknown]
Mr. Speaker, we did not agree, Mr. Speaker.
Bob Marshall
Speaking to the motion?
[Unknown]
I beg your pardon?
[Unknown]
We did not agree, we refused to engross it.
[Unknown]
Refused to pass it.
[Unknown]
Pass.
[Unknown]
Pass.
[Unknown]
Right, pass, okay.
Bill Howell
The gentleman from Hopewell, Mr. Ingram.
Riley Ingram
Mr. Speaker, the motion was to reconsider the vote?
[Unknown]
Yes.
Riley Ingram
Mr. Speaker, I would object to reconsidering the vote. I think that -- I would encourage the people of the body to please vote no.
Riley Ingram
Mr. Speaker?
Bill Howell
The gentleman from Spotsylvania, Mr. Cole.
Mark Cole
Mr. Speaker, speaking to the motion?
Bill Howell
The gentleman has the floor.
Mark Cole
I would ask that we allow the common courtesy to reconsider the vote. This was a courtesy that we provide to most members, and I would hope that we would vote in favor of the gentleman's motion.
Bill Howell
The gentleman from Prince William, Mr. Marshall, moves that having voted on the prevailing side by which we passed the Senate bill 767, we reconsider that vote. As many as favor that motion will say aye, those opposed, no.
Bob Marshall
The chair is in doubt. As many as favor the motion will please raise their right hand. There are enough up. That's okay.
[Unknown]
Mr. Speaker?
Bill Howell
The motion is agreed to, the gentleman from Shenandoah, Mr. Gilbert.
Todd Gilbert
Can that bill go by for the day?
Bill Howell
Without objection, Senate bill 767, by for the day.
Todd Gilbert
Returning to Page 10 of today's printed calendar, next category of bills, commending resolutions laid on the speaker's table.
Bill Howell
The gentleman from stiff. Plrks Campbell .
[Unknown]
May House joint resolution 492 on Page 12 be removed from the bloc, and go by for the day.
Bill Howell
Without objection, House joint resolution 492, by for the day.
[Unknown]
Mr. Speaker, the commending resolutions laid on the speaker's table to be adopted en bloc are listed on pages 10-17, with the exception of House joint resolution 492, and 446 already has been removed as well. Are there other resolutions that a member wishes to have removed?
Bill Howell
The gentleman from Fairfax .
[Unknown]
Parliamentary inquiry, Mr. Speaker.
Bill Howell
The gentleman May state it.
[Unknown]
Is House resolution 206 in this bloc?
[Unknown]
Yes.
[Unknown]
Mr. Speaker?
Bill Howell
The gentleman from Fairfax
[Unknown]
It's in the bloc?
[Unknown]
Take it out.
Mark Sickles
Mr. Speaker, I don't think the members on this side who patron dollars it are not showing up on the system. I wonder if it could go by for the day so we can get people to sign up. I can say now, if you haven't signed on to hr206, I 've got a sign up sheet at my desk especially for folks on this side. Thank you very much. >>
[Unknown]
Com he saiding resolution, listed on pages 10-17 with the exception of 446, 492, and 206.
[Unknown]
All those in favor of adopting the commending resolution laid on the speaker's table on pages 10-17 of the calendar, with the exception of the ones the clerk just mentioned will say aye.
[Unknown]
Those opposed, no. The commending resolutions are agreed to.
[Unknown]
Continuing with today's calendar, Page 17 of the printed version, Page 17, House bill vetoed by the governor. House bill 1188 is an act to amend the code of Virginia relating to technical adjustments of certain Senate district boundary, passed the House February 10, the governor's veto is available on line and before the body.
Bill Howell
The gentleman from Henrico, Mr. Farrell.
Peter Farrell
Thank you Mr. Speaker. Mr. Speaker, speaking to the governor's veto?
Bill Howell
The gentleman has the floor.
Peter Farrell
Mr. Speaker, I would -- I 'm going to ask the body to override the veto, and saying that, I actually think I put this in for very nonpolitical reasons. For a long time, this body has honored technical adjustments, whether from a democratic district, a republican district, a Senate district, or a House district. The other body across the Hall got a little crazy with this stuff. I don't deny that. A couple of years ago. We didn't. We never have. In fact, in 2013, all of you who are here voted for one with technical adjustments. What I would say is this does not in any way, shape or form change the partisan makeup of these districts. It would have absolutely no impact whatsoever on the results or the demographic makeup of them. I've heard a number of arguments. One, I 've heard some, quite frankly, weird partisan arguments on this side, and then I heard some talking points, somebody mumble through some talking points, I 'm sure somebody in the governor's office sent them, and I think what we have done here is made this -- we have, by not honoring these, made them so much more partisan and ridiculous than they ever needed to be and quite frankly, it didn't start in this body, it started in the other one, and I don't deny that at all. And quite frankly, I hope we go back to it, because we've all voted for them before, we've all honored them before and I would honor anyone else's, no matter what side of the aisle they're on, they are technical adjustments. In the excuse of we do technical, why shouldn't we do them whenever we want. Quite frankly, it's easy to tell the difference between a technical amendment and partisan one and it's not that hard to distinguish between the two. So I hope everyone in the body will go back to the tradition that we've long held to honor registrars' requests in a nonpartisan way, and with that, Mr. Speaker, I move we override the governor's veto.
Bill Howell
Gentleman from Rockbridge, Mr. Cline.
Ben Cline
Mr. Speaker, I was wondering if the gentleman could tell us how he really felt about this.
Bill Howell
Gentleman from Fairfax, Mr. Sickles.
Mark Sickles
Thank you Mr. Speaker. I will try not to mumble this time and be more clear. And I 'm speaking to the veto with your permission.
Bill Howell
The gentleman May proceed.
Mark Sickles
Thank you Mr. Speaker. A message from the governor: the governor's message, and you have it there, is that this bill is unconstitutional, and the bill sets bad precedent and policy. Article two, section six of the constitution says that the general assembly shall reapportion of the commonwealth into electorial districts in accordance with this section in the year 2011 and every 10 years thereafter. This sets up a restricting -- redistricting law which is the inclusive 250eu78 to -- time to redraw electoral districts. There is no language in the constitution that says technical adjustments are permitted. So while the supreme court has not addressed this issue, I 've mentioned before that a a lot of these decisions are Richmond circuit court where argued found in little versus Virginia state board of elections that the Virginia constitution limited the general assembly's authority to reapportion Virginia 's electoral districts after the year 2011. Moreover, if it were constitutional, it's a bad precedent, redistricting process is ever hyper charged with partisanship, having an opportunity to change districts each year just injects more partisanship into the legislative districts. If it is okay to make minor changes outside of the census year, then it's okay to make major changes to districts. This would allow even more abuse of gerrymandering that we already have. So I ask the body to sustain the governor's veto. Thank you Mr. Speaker.
Bill Howell
The gentleman from Prince William, Mr. Marshall.
Bob Marshall
Speaking to the measure?
Bill Howell
The gentleman has the floor.
Bob Marshall
Thank you. Mr. Speaker, if you look at the constitution, article ii, section six, paragraph two, it talks about when we must do redistricting. If this document is solely a limitation on the powers of the agents of the people, there is nothing in here limiting the power as when we May do something. And in fact, my memory on this is that reading a case out of texas, in which the federal courts decided that a redistricting was permitted, it wasn't required, they reached the conclusion, and it was far higher than a circuit court, state circuit court, that it could be done, but it didn't have to be done. And if there are courts who would order us to do something, then the argument would be well, we can't possibly reapportion, because the constitution only allows us to do it right after the dicennial census. I would suggest it May be done but it's not mandated to be done. Thank you.
[Unknown]
Anybody now made up their mind yet?
Bill Howell
The gentleman from Powhatan, Mr. Ware.
Lee Ware
Mr. Speaker, I move the pending question.
[Unknown]
[cheering]
Bill Howell
The gentleman from pau hat yap, Mr. Ware, moves the pending question. As many as favor that motion will say aye, those opposed, no. That motion is agreed to. Shall the House override the governor's veto?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 65, nos 34.
[Unknown]
Ayes 65, nos 34, the override is not successful.
[Unknown]
Continuing with the calendar, Page 18 of the printed version, House bill 562, House bill 562 is an act to amend and reenact various sections of the code of Virginia relating to licensure of massage therapist, the bill originally passed the House, legislation passed the House January 29, the governor's recommendation has been distributed and is before the body.
Bill Howell
The gentlewoman from Chesterfield, Ms. Robinson.
Roxann Robinson
Yes, Mr. Speaker. House bill 562, the governor just changed the word to "or" and I think it's fine so I hope we can accept that recommendation.
Roxann Robinson
Shall the governor's recommendation be agreed to?
Bill Howell
The clerk will close the roll.
Roxann Robinson
Ayes 97, nos one.
[Unknown]
Ayes 97, nos one, the governor's recommendation is agreed to.
[Unknown]
Continuing with House bills, recommendations by the governor, House bill 605 is taken by for the day. House bill 766, likewise, by for the day.
Bill Howell
The gentleman from Colonial Heights Mr. Cox.
Kirk Cox
Mr. Speaker, I move the House stand in recess until 1:00.
Bill Howell
The gentleman from Colonial Heights Mr. Cox moves the House stand in recess until 1:00. Will say aye, those opposed, as many as favor that motion no. That motion is agreed to. The House stands in recess until 1:00 p.M.
Kirk Cox
[husband in --
[Unknown]
[House in recess] >> Seats.
Kirk Cox
Members, please take your seats.
[Unknown]
Shall the bill pass?
Bill Howell
The House will come to order. Members, please take your
[Unknown]
[laughter]
[Unknown]
Does the clerk have any announcements.
[Unknown]
Yes, sir, Mr. Speaker, I 'd like to correct the record. I made a mistake, reading the list. For the House conferees on Senate bill 468, the previously announced confer he's were Ingram, Spruill and Hugo, the correct ones, I apologize, Senate bill 468, conferees, on the part of the House, delegates Ingram, Hugo and Hester, my apologies.
[Unknown]
Let me just kind of tell you where I think we are at this point. I'd remind the House that our status with House joint resolution 424, the joint order resolution that we had yesterday, is as follows: the clerk announced the House members of the joint committee, and they had attempted to meet with their counterparts from the Senate to count the vote of each House and report back the results. However, the committee was unable to meet, due to a Senate vote, the Senate voting to suspend the joint order, and subsequently, adjourning. Pursuant to House joint resolution 424, the joint order May be suspended for no more than 24 towers to receive a report of the committee. However, if a report is not received in the time allowed, then the joint order will be void. Further, House joint resolution 37, the procedural resolution, directs the House and the Senate to proceed in a special and continuing and continuing order today for the election of certain judgeships. Therefore, upon the conclusion of the morning hour, unless the House votes to suspend or postpone or discharge the special and continuing order by a majority vote pursuant to House joint resolution 37 and House rule 52, then the special order shall take precedence over all other business of the House. As a reminder, the setting of a special order does require a two-thirds vote of the House and in this case, that's already been done by the adoption of House joint resolution 37. The joint order resolution, you have to be considered, sets the slate of judicial offices to be elected by the House and the Senate and requires a majority vote for adoption pursuant to House rule 52. Finally, at the appropriate time, each body will adopt and communicate their respective nominating resolutions and subsequently vote to elect individuals nominated for each listed judgeship. The gentleman from Colonial Heights, Mr. Cox.
Kirk Cox
Mr. Speaker, I move the special and continuing order pursuant to rule 19 of hjr37 be suspended until the conclusion of the day's calendar, if I could speak to that motion.
Bill Howell
The gentleman has the floor.
Kirk Cox
Mr. Speaker, all this does is going to move the special continuing order and I think the speaker was clear that's a majority vote to the end of the calendar. That resolution is just not ready yet. So that allows us to go to the special order resolution for the normal -- the one in the procedural resolution, for the normal election of judges.
[Unknown]
Thank you.
Bill Howell
The gentleman from Charlottesville, Mr. Toscano, speaking to the motion.
David Toscano
Parliamentary inquiry.
[Unknown]
Yes, sir.
David Toscano
Mr. Speaker, I think I heard that you said that the other order would expire 24 hours from yesterday, and my question has to do with the report of the people who are going to count their votes from yesterday. Are they not under an obligation to move forward with that, since the Senate is in session at present?
[Unknown]
No, I don't think that's necessary at this point.
[Unknown]
The Senate suspended their procedure, so they are not in a position to receive the report.
[Unknown]
Mr. Speaker, parliamentary inquiry.
Bill Howell
The gentleman May state it.
[Unknown]
I thought yesterday the argument was that since the Senate had adjourned, am I hearing you state that they have actually suspended their order and it will require a new order?
[Unknown]
No, they postponed it for -- under the resolution, they can postpone it for up to 24 hours.
[Unknown]
Mr. Speaker, parliamentary inquiry.
Bill Howell
You gentleman May state it.
[Unknown]
Since I don't read the Senate journals on a regular basis, I 'm assuming that that was published in the -- that would be published in the journal yesterday afternoon, before they adjourned?
[Unknown]
Would that be right?
[Unknown]
Me either, but I bet you it was.
[Unknown]
Right.
[Unknown]
And they sent us a messages to that effect as well.
[Unknown]
Thank you Mr. Speaker. Speaking to the resolution?
Bill Howell
The gentleman has the floor.
[Unknown]
Mr. Speaker, I don't want to belabor the point and I think what I will do is I will put my concerns in writing and send it to the chair and have them include it in the record but again I would renew my objection under the rules of the House that would require -- that this would require two-thirds. I don't want to belabor it. You've already ruled. Thank you.
Bill Howell
Thank you. The question is on the motion from the gentleman from Colonial Heights Mr. Cox, as many as favor that motion will say aye, those opposed, no. The motion is agreed to.
Kirk Cox
The clerk will call the calendar.
[Unknown]
Calendar for the Virginia House of delegates for today, Wednesday, March nine, 2016, Page one, Senate bill on third reading uncontested calendar, Senate bill nine taken by for the day. Continuing with the calendar Page two, Senate bills on third reading regular calendar, that category of bills begins with Senate bill 669, taken by for the day accordingly, first up for today's action, Senate bill 578, a bill to amend and reenact a section of the code of Virginia relating to alcoholic beverage control, limited brewery licenses, report from the committee on general laws with a substitute and Mr. Speaker, there also is a floor amendment.
Bill Howell
The gentleman from Fairfax, Mr. Hugo.
Tim Hugo
Mr. Speaker, speaking to the floor amendment?
[Unknown]
The clerk will record a floor amendment.
Tim Hugo
Floor amendment offered by Delegate Hugo to the committee sub, it has not been yet adopted, line 117, on line 117, strike all of lines 117, through line 135.
[Unknown]
The gentleman wishes to adopt the committee substitute first from which this amendment is drawn?
[Unknown]
Yes, Mr. Speaker.
Bill Howell
The the question is on adoption of the committee substitute. As many as favor that motion will say aye, those opposed, no. The committee substitute is agreed to. The gentleman from Fairfax .
[Unknown]
Mr. Speaker, to explain the floor amendment, I spoke with the patron of the bill, the Senator. This is an amendment simply to try to put the bill into conference and work on it. He has agreed on it. I spoke with the minority leader and chairman of the committee. So I would urge the adoption of the amendment, then we will work with the patron in conference.
Bill Howell
The question is on adoption of the floor amendment offered by the gentleman from fair faction, Mr. Hugo. As many as favor that motion will say aye, those opposed, no. The floor amendment is agreed to. The gentleman from Fairfax .
Tim Hugo
Mr. Speaker, with that, I 'd urge the adoption of the bill.
[Unknown]
Shall the bill pass?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 93, nos four.
[Unknown]
Ayes 93, nos four, the bill is passed.
[Unknown]
Senate bill 579, a bill to amend and reenact a section of the code of Virginia relating to alcoholic beverage control, limited distiller's licenses, report from the committee on general laws with a substitute. Mr. Speaker, there also are floor amendments drawn to the committee substitute.
Bill Howell
The gentleman from Fairfax, Mr. Hugo.
Tim Hugo
Mr. Speaker, first I 'd move the adoption of the substitute.
[Unknown]
The question is on adoption of the committee substitute. As many as favor that motion will say aye, those opposed, the substitute is agreed to. No. The clerk will record a floor amendment.
Tim Hugo
Floor amendment offered by Delegate Hugo to the just adopted committee substitute, amendment number one, on line 114, line 114, strike awfully lines 114, through -- all of lines 114 through 1323.
Bill Howell
The gentleman from Fairfax, Mr. Hugo.
Tim Hugo
Mr. Speaker, this amendment is designed simply to put the bill into conference. I've spoken to the patron of the bill and he has agreed to it, spoken with the minority leader and committee chairman. I'd urge the adoption of the amendment.
Bill Howell
The question is on adoption of the floor amendment offered by the gentleman from Fairfax, Mr. Hugo. As many as favor that motion will say aye, those opposed, no.
Tim Hugo
The floor amendment is agreed to. The gentleman from Fairfax ,.
[Unknown]
Mr. Speaker, I urge the passage of the bill.
Tim Hugo
Shall the bill pass?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 94, nos three.
[Unknown]
Ayes 94, nos three, the bill is passed.
[Unknown]
Continuing with the calendar, Page three of the printed version, Senate bill 758, taken by for the day.
[Unknown]
Next up, Senate bill 41, a bill to amend and reenact a section of the code of Virginia relating to religious freedom, some -- solemn nization of marriage, report from the committee on general laws with a substitute.
Bill Howell
Gentleman from Shenandoah, Mr. Gilbert.
Todd Gilbert
Thank you Mr. Speaker, I substitute. Move the committee
[Unknown]
The question is on adoption of the committee substitute. As many as favor that motion will say aye, those opposed, no.
Bill Howell
That substitute is agreed to, the gentleman from Shenandoah .
Todd Gilbert
Thank you Mr. Speaker, Mr. Speaker, ladies and gentlemen of the House, those of you who remember my House bill, 773, which caused some lengthy debate on the floor, this bill is much more narrowly tailored as it exists now in the House substitute. The bill simply prevents any religious institution, organization which they supervise or any individual they employ, a member of the clergy, basically any charitable institutions, any schools, any clergy members, all of whom have to be based around a religious belief, does not require them to participate in any marriage, and further does not allow them to be subjected to any penalty as penalty as defined in the bill for their belief that marriage is between the union of a -- one man and one woman, and that is what the bill does, Mr. Speaker, and I would move that the bill pass
Bill Howell
The gentlewoman from Fairfax, Ms. Watts.
[Unknown]
Will the gentleman yield?
[Unknown]
Will the gentleman yield?
[Unknown]
I yield.
[Unknown]
The gentleman yields.
Vivian Watts
Thank you. I would ask the gentleman, when I look at the penalties, I 'm seeing scholarships, employment, license, accreditation, and also, since it covers anything supervised or controlled, or any staff operating in such any institution, does this bill, then, also include any religiously affiliated institution of higher learning or any other private school?
Todd Gilbert
Mr. Speaker, I would say to the gentlewoman that I believe that it would include religious institutions, be they k-12, private schools, or religious schools of higher learning.
[Unknown]
Further question, Mr. Speaker?
[Unknown]
Will the gentleman yield?
[Unknown]
I yield.
[Unknown]
The gentleman yields.
Vivian Watts
I would ask the gentleman, then, do I read the bill correctly that in any of those settings, an expression of opposition to marriage being between anybody other than one man and one woman can be expressed in any form at any time? End of question.
Todd Gilbert
Mr. Speaker, I would answer the gentlewoman, this doesn't have to do with expression as much as it does with the ability of the state to penalize an institution or individuals working in that institution for having those beliefs.
Todd Gilbert
Final question?
Todd Gilbert
Will the gentleman yield?
Todd Gilbert
I yield.
Todd Gilbert
The gentleman yields.
Vivian Watts
So if I interpret these answers correctly, would, then, an institution, an educational institution, who has as part of its admissions policy that conformists to this belief is what the moral convictions, religious convictions, of this institution are, and you must conform to that policy and they would use that as a basis of nonadmission to the policy? Is the result of this bill then saying this could not affect in any way grants to that institution by the state or scholarships or accreditation?
Todd Gilbert
Mr. Speaker, I would answer the gentlewoman that of course there are countless ways in which an institution or individual working for that institution of which their religious beliefs May manifest, and certainly that is one of them.
[Unknown]
If I May, Mr. Chairman, then -- Mr. Speaker, I assume the answer to my question was yes, it could.
[Unknown]
Are you asking another question?
[Unknown]
Question mark. I want clarity on this important bill.
[Unknown]
The gentleman -- does the gentleman yield for an additional question?
[Unknown]
I yield.
Vivian Watts
The additional question is I assume, then, the answer to the question that I had asked previously was that yes, you could -- that an educational institution can make as a condition of admissions to that institution a shared belief that a marriage should only be between a man and a woman, and you could deny admissions, and there would be absolutely no penalty allowed as far as accreditation of that institution, scholarships, or grants.
Todd Gilbert
Mr. Speaker, I would answer the gentlewoman, since she didn't appear to understand my answer previously, that of course that is correct, that is the whole point, that religious institutions have these deeply held religious beliefs, that they do mean something to these religious institutions, just as has been contemplated throughout our history, that we respect those beliefs, and yes indeed, as I use the example on the floor previously, we have tuition assistance grants that go to places like liberty university, liberty university is very clear about things like its housing policy, that they do not allow certain circumstances to exist in their housing policy, and so I don't see how I can be any more crystal clear about what this bill is seeking to accomplish, other than trying to protect those institutions and their deeply held beliefs from being penalized by the government for holding them.
[Unknown]
I thank the gentleman for the clarity.
Bill Howell
The gentleman from Fairfax, Mr. Simon.
Marcus Simon
Mr. Speaker, speaking to the bill?
Bill Howell
The gentleman has the floor.
Marcus Simon
Mr. Speaker, this is the problem with the bill. The problem with the bill is, as the gentleman from Shenandoah just admitted, this is about protecting one specific religious belief. All right? I understand why you had to do this and why this bill got narrower. It was a mash up of the bill before, moved it around, called it a definition of a penalty and said you can't call it a penalty, can't do all these things but it's basically the bill, we just arranged it, did it a little differently, and we took out the stuff about premarital sex and stuff like that, we got to down to one specific religious belief, and the problem with that is that is a form of establishment, all we are establishing a state right? Religion. We are saying we're going to prefer this specific set of beliefs above all others sm woo are we're not going to give this same protection to people that believe, for instance, that people of the same sex can marry, right? My rabbi does marriages between same sex couples. There's no protection for that. There are all kinds of religious beliefs we could choose to protect. But we say there's one specific religious belief that is so much more important than any other person's religious belief, we are going to give it specific protection, that is a violation of the establishment clause. You can't do that. I don't want to quote the case law to the body. That's the problem with it. The reason you guys had to narrow this is because nobody is saying any pastor shall have to marry anybody they don't want to. That's never been the case, there are catholic priests that won't marry people that are divorced, rabbis that won't marry inter-faith couple, people that won't marry people after sundown Friday night and nobody has ever tried to make those people marry anybody they don't want to but you have to narrow this, because if you got any broader you'd find religious beliefs that have been used for the basis of all kinds of discrimination in the past. If people sincerely believe that people of different races shouldn't be allowed to marry. You had to narrow it, and say well, we don't mean that, we only believe that if marriage is between one man and one woman, not the specific belief we're trying to protect and that is unfortunately the flaw with the bill and that creates an establishment problem and I would urge the body, please, please, please, not pass this bill. Thank you Mr. Speaker.
Bill Howell
The gentleman from Prince William, Mr. Marshall.
Bob Marshall
Mr. Speaker, addressing
[Unknown]
The gentleman has the the bill? Floor.
Bob Marshall
I would suggest that the establishment clause refers to funding such an institution directly with public money for the support and practice and implementation of those things. As far as I know, there's no money that is going this way. At least that's what jefferson the establishment clause, and Madison thought the establishment clause was. What's very curious here is that opposition to this bill comes from an effort to want to excise out from the public square individuals who accept and practice only what marriage was understood for millenia, and to impose a penalty such as removal of a tax status or saying that you are ineligible for a grant, or maybe even a school would be ineligible to satisfy the compulsory school attendance laws because they teach that only a man can marry a woman. Now, that's how far this is going to go, and it's very clear that some people who are opposed to this would like to push this to that degree. So Mr. Speaker, if you want to protect what has been the common understanding for people, as different as napoleon, or socrates or anybody, marriage is between one man and one woman and to say anything else and punish with the public power of either tax status or licensure or recognition or derecognition in any way I think is improper, but it's very telling as to how far some people want to go with, quote, the freedom to marry.
[Unknown]
Shall the bill pass?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 59, nos 38.
[Unknown]
Ayes 59, nos 38, the bill is passed.
[Unknown]
Senate bill 767, a bill to amend and reenact a section of the code of Virginia relating to form of ballot, party identification of candidates, the bill was reported to 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 767 simply expands the current ballot identification that we have at the general assembly and statewide offices to local offices for persons who are nominated via a political party system, whether it's a primary or a mass meeting or convention. If they were nominated by a political party, it would -- republican or democrat, it would show an r or a d by their. If they filed as an independent, it would just indicate that. It only applies to elections that allow people to be nominated by a political party. So it does not affect school board elections, it does not affect cities and towns at having their charter that the elections are nonpartisan. All those candidates must file as independents. So I would ask that we pass the bill.
Bill Howell
The gentlewoman from Fairfax, Ms. Boyceco.
[Unknown]
-- boyceco.
[Unknown]
Thank you -- Ms. Boyceco -- Boysko .
Bill Howell
The gentlewoman has the floor.
[Unknown]
I voted for this bill in committee after we had a good conversation, believing exactly what the gentleman discussed a moment ago. However, following that, I was contacted not only by my own town, but by the Virginia municipal league, who had significant heartburn over this. They have legitimate concerns about sb767, saying that the locality's ability to decide for themselves is in jeopardy whether or not they are going to be partisan elections. They believe and other lawyers have talked to me saying that the last bill that passes is the one that has precedence, so this could actually preclude a town or city from having a nonpartisan election unless it were in their charter. The problem with it is that only five towns in Virginia who have populations of 1000 people or more, blacksberg, dumb free, vienna, have provisions that require nonpartisan elections. The other 95 towns do not have in this. And as we know, I 'm a member of the counties, cities and towns, we don't always approve charters automatically. It causes some heartburn for them. My locality is in northern Virginia, where there are a great number of federal employees working, and they are covered under the hatch act, specifically presenting -- preventing them from getting involved in a political office, and that will, as my town believes and the vml believes, could put them in harm of not being able to serve in public office. I believe in this body we all agree that at the local level, where we are looking at potholes and land use, politics doesn't really belong there. The vml has very strong concerns about this. They do not believe that the towns and the cities are being protected adequately, and therefore, I 'm going to be voting no against this. I hope the rest of you all will as well. Thank you.
[Unknown]
Thank you.
Bill Howell
The gentleman from Hopewell, Mr. Ingram.
Riley Ingram
Mr. Speaker, speaking to the bill?
[Unknown]
The gentleman has the
Riley Ingram
Thank you Mr. Speaker. Floor. Mr. Speaker, ladies and gentlemen of the House, many of us here came from local government. Vice mayors, mayors, chairmen of boards of supervisors, and I ran as an independent. I always did. I served in the city of Hopewell for almost six years. And I do not think that partisan politics should be at the local level. And I think that this bill would just create more problems. And I agree with what the lady says, and I thank you, Mr. Speaker.
Bill Howell
Gentleman from Henrico, Mr. O'bannon.
John O'Bannon
Thank you Mr. Speaker. Speaking to the bill?
Bill Howell
The gentleman has the floor.
John O'Bannon
I was on the subcommittee that heard this bill, and I will tell you that to my satisfaction, I think the hatch act issues were addressed. You know, we talk a lot about transparency down here. All this bill does is say that if you participate in a political process that's organized, either a mass meeting, a convention or a primary, where it's permitted in Virginia, then your name will have the d or r on the ballot. I think it's real simple, and I hope we will support the bill.
Bill Howell
The gentleman from Augusta, Mr. Landes.
Steve Landes
Mr. Speaker, speaking to the bill?
[Unknown]
The gentleman has the
Steve Landes
Mr. Speaker, ladies and floor. Gentlemen of the House, let me just emphasize one thing that the chairman of the privileges and elections committee said, and that is that this bill only affects the offices for which the commonwealth already allows candidates to be nominated by the bipartisan process. I understand the concerns related to the local governments, but it only allows where there is an office that's had a process where someone has been nominated by either party -- it doesn't affect independents, it doesn't affect those candidates that run by other parties, by other processes. It only affects the partisan nomination process, and those offices. I hope the House will support the bill.
Bill Howell
The gentleman from staff -- the gentlewoman from Stafford ,o the gentleman from stef arrested, Mr. Dudenhefer.
Mark Dudenhefer
Mr. Speaker, members of the body, I would like to correct a statement made concerning the hatch act, and violations or the precluding thereof of federal employees running for local government. It absolutely does not preclude federal employees from local government. It just precludes them from being a party nominee. In Stafford County, for many, many years, we've had a federal employee work for the corps of engineers who ran as an independe continuously, and served honorably throughout that time. And then my last comment is that anyone who thinks that by not putting a d or r or whatever behind a name stops it from being partisan is is not in the real world, thank you.
Bill Howell
The gentleman from Powhatan, Mr. Ware.
Lee Ware
Thank you Mr. Speaker. I rise for a motion.
Bill Howell
The gentleman May state it.
Lee Ware
Mr. Speaker, my motion is that we move the pending question.
Bill Howell
The gentleman from Powhatan, Mr. Ware, moves the pending question. -- the House will come to order. As many as favor that motion will say aye, those opposed, no.
Lee Ware
The motion, whatever it was, is agreed to. Shall the bill pass?
Bill Howell
The clerk will close the roll.
Lee Ware
Ayes 46, nos 52.
[Unknown]
Ayes 46, nos 52, the bill fails to pass.
[Unknown]
Continuing with today's calendar, turning to Page four of the printed version, Senate bill 750, a bill to amend and reenact several sections of the code of Virginia relating to the commonwealth's development opportunity fund, political contributions,ing, the bill was reported to the courts of justice with a substitute, Mr. Speaker, there are floor amendments drawn to the substitute.
Bill Howell
The gentleman from Shenandoah, Mr. Gilbert.
Todd Gilbert
Mr. Speaker, I move the committee substitute.
Bill Howell
The question is on adoption of the committee substitute. As many as favor that motion will say aye, those opposed, no. The substitute is agreed to. The gentleman from Shenandoah .
Todd Gilbert
Mr. Speaker, ladies and gentlemen of the House, previously I guess in last year's ethics bill, we put some limitations on what the governor's pac could do, there was a prohibition on contributionors gifts of greater value of $100 to the governor or his campaign the Senator was approached by committee. The vedp, Mr. Speaker, and with concerns about why this was negatively impacting our ability to do economic development in the commonwealth because of some unforeseen consequences. I think the example we kept hearing about was that there May be some employees somewhere or some other entity in some other state that's affiliated with somebody trying to do business in the commonwealth through the governor's opportunity fund and somehow we May be catching up people in this that May not have been -- who May not know the consequences, the campaign committees May not know these other people exist, and so it's just unmanageable. This is one of the many things we said might be unworkable. Mr. Speaker, what this Senate bill does is effectively replaces the prohibition with some measure, significant measure, I would say, with the floor amendment of transparency. It provides that on a quarterly basis, vadp shall notify the governor of awards made from the fund in the prior quarter, then Mr. Speaker, the floor amendment, which I will ask the clerk to report, takes what was originally a request from vedp for the governor or his campaign committees to provide certain information, makes that that the governor and his campaign committee shall provide this information. I think that rectifies the concerns brought it to me about making sure that there is actual transparency that we can enforce. So that's what the bill does, Mr. Speaker. And I would ask the clerk to report the floor amendment, please.
[Unknown]
Floor amendment offered by Delegate Gilbert to the committee substitute, two amendments, amendment number one, line 210, line 210, after the word quarter, strike the remainder of line 210, through the word committee, two, on line 211, insert the following, within 18 months of the date of each award from the fund, the governor, his campaign committee, and his political action committee shall. Amendment number two, on line 212, amendment two, line 212, after section 30-355, strike the remainder of line 212, all the way through the word fund on line 213.
Bill Howell
The question is on adoption of the floor amendments offered by the gentleman from Shenandoah, perform Gilbert. As many as favor adoption of the floor amendments will say aye, those opposed, no.
Bill Howell
The floor amendments are agreed to. The gentleman from Alexander, Mr. Lev gleen Mr. Speaker, will the gentleman from Shenandoah yield for a question?
Mark Levine
I yield.
[Unknown]
The gentleman yields.
Mark Levine
Mr. Speaker, I would ask the gentleman whether or not it's true that under current law, it would be prohibited for a grantee of the fund to give a $100,000 donation to the governor while the governor was deciding whether or not it to approve that donation. Is that true that under current law, that's prohibited?
Todd Gilbert
Mr. Speaker, I believe that the prohibitions relate to the period in which the award is being considered, and the -- I think some time period thereafter.
Todd Gilbert
And I have a followup question, Mr. Speaker, if the gentleman would yield.
Todd Gilbert
Will the gentleman yield?
Todd Gilbert
I yield.
Mark Levine
My question for the patron, Mr. Speaker, for the gentleman from Shenandoah, is whether under this current bill, that would change the law, and even though it would be disclosed, would allow someone who wanted to influence a very bad governor, not at all the current governor, but someone who wanted to influence a very bad governor to give a donation of $100,000 while the negotiations are pending or right after the award is given, and even though it would be disclosed, that would then be legal under this bill. Is that correct?
Todd Gilbert
Yes, Mr. Speaker, I think that's absolutely right, and the considerations here, you know, when we passed that bill last year, that was certainly our intent was to prohibit the very stark, clear examples of undue influence that May exist. The problem is we created a number of unintended consequences that were not foreseen. There weren't -- that weren't as clear, not as readily apparent. So vedp was very concerned about the unintended consequences, and they can certainly articulate the many examples that they came up with much better than I can. But it was not to prevent the kind of example that the gentleman is using. To -- it's to rectify any of other unintended consequences that have arisen since then. So instead of prohibiting it, it puts it all out there for the world to see on a regular basis so that any undue influence, that there will be consequences it to be had for the politically -- for that politically, for whomever is willing to engage in that sort of consideration.
[Unknown]
Mr. Speaker, speaking to the bill?
Bill Howell
The gentleman has the floor.
Mark Levine
I understand what this bill is trying to do. I am fully supportive of getting rid of all the unintended consequences. I still think there's a loophole in the bill. I'm going to vote against it, but I do think this bill can be fixed, so that we don't have the unintended consequences, but we still prohibit what would clearly it to me be a conflict. Thank you Mr. Speaker.
Mark Levine
Mr. Speaker?
Bill Howell
The gentleman from Shenandoah, Mr. Gilbert.
Todd Gilbert
Speaking to the bill?
Bill Howell
The gentleman has the floor.
Todd Gilbert
Mr. Speaker, I agree with the gentleman, and if there were a perfect way to do these things, that someone could easily come up with, we would certainly adopt the easy path every time we can, but it is very difficult to write legislation that covers every possibility, that also doesn't capture a whole bunch of activity that we didn't intend tortion and this was the problem that, when we were first going through the ethics legislation, talking about, you know, it was -- constantly, reporters or citizens were asking me why don't you just say no gifts because it sounds so simple. Well, I would say May I -- if I drive an hour to go give a speaking engagement and someone at the speaking engagement offers me a bottle of water so I can clear my throat, before I give my speech, that I just drove an hour for, am I able to accept that bottle of water, or is that not allowed under your no gifts theory, and universally, everyone thinks that is perfectly reasonable that I could accept a bottle of water to clear my throat before I give a speech, and if we start doing that, then we are starting to do the very balancing test we tried to achieve in the court's ethics subcommittee when we were working through this for hours on end. So that was one example of how hard it is to get this right, and to try to prevent the exact types of things that the gentleman is talking about, without, you know, getting into things that we didn't intend. And so I 'm happy to work with the gentleman, if he has a magic answer on how he can get with the folks of vedp and see how we can maybe fix those unintended consequences. I would be happy to join him in that effort. Thank you.
[Unknown]
Shall the bill pass?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 93, nos six.
[Unknown]
Ayes 93, nos six, the bill is passed.
[Unknown]
Continuing with today's calendar, next category, House bills with Senate amendments, House bills with Senate amendments, House bill 773, a bill to amend and reenact a section of the code of Virginia relating to the government nondiscrimination act, creation, the bill passed the House originally February 16, passed the Senate with a substitute on February 25.
Bill Howell
The gentleman from Shenandoah, Mr. Gilbert.
Todd Gilbert
Thank you Mr. Speaker, Mr. Speaker, I would ask, as a parliamentary inquiry, whether the Senate substitute before us is germane to the bill.
[Unknown]
Let's take a look at it. >>
Todd Gilbert
This bill specifically dealt with discriminatory actions that adversely affect the tax treatment of persons that withheld otherwise -- or that were withheld. Both the original bill as introduced and as passed by the House broadly defines the word person to include not only individuals but corporations, associations, partnerships, and organizations. However, the Senate substitute changes the fundamental purpose of the bill and speaks only to the solemnization of marriage by certain individuals, and the actions of individuals employed by a religious organization in the scope of their employment. And accordingly, I would rule that the substitute is not germane.
[Unknown]
Parliamentary inquiry, Mr. Speaker.
Bill Howell
The gentleman May state it.
[Unknown]
What would be the posture of the underlying legislation?
[Unknown]
We'll just communicate it back to the Senate and see what they do.
[Unknown]
Thank you Mr. Speaker.
[Unknown]
The clerk will continue with the calendar.
[Unknown]
Continuing with the calendar, House bill 883, a bill to amend and reenact a section of the code of Virginia relating to comprehensive plan, bill passed the House originally February 16, passed the Senate with amendment on March seven.
Bill Howell
The gentleman from Salem, Mr. Habeeb.
Greg Habeeb
Mr. Speaker, House bill 883 passed this body unanimously. In a moment I 'm going to ask you to accept the amendment from the Senate but some of you are going to want to vote against that so let me tell you what the amendment is and why you would be for it or against it. The only thing the bill did was introduce what was a statewide policy, allowing buy right zoning for telecommunication towers in certain public utility facilities. We can waste all morning talking about it but that's what it did. Before it got to the House, Fairfax County, I think on behalf of all, asked to be excluded from the bill and as we saw t. They were excluded, so nobody opposed the bill. If the -- in the Senate, the Senate unanimously put district eight back into the bill and again made it a statewide bill. I talked to as many as I could about -- as I could. About half of you wanted the amendment, half of you dfnt I think the statewide policy by adopting the amendment is better, so Mr. Speaker, I would ask the body accept the amendment, and -- but if you heard from Fairfax County, Prince William, Loudoun, your local government, if you have concerns about their ordinances, you May want to vote against the amendment. But I ask that we adopt the amendment.
[Unknown]
Speaking to the motion?
Bill Howell
The gentleman has the floor.
Bob Marshall
Thank you Mr. Speaker. Yesterday, I contacted the lobbyist or government representative who's a former supervisor for Prince William County, and it was his judgment that this would allow kind of the indiscriminate placement without a hearing of cell towers, and if you want that on one of your brochures like the gentleman from Fairfax always talks about, then just vote to accept the amendment. If you don't want this, then you don't want people complaining about this, then I would urge a no vote on the amendment. Thank you.
Bob Marshall
Mr. Speaker?
[Unknown]
Mr. Salem?
[Unknown]
Briefly, speaking to the bill?
Greg Habeeb
What the bill does is give local governments the authority to adopt buy right zoning in certain designated zoning localities. For example, Fairfax already has buy right zoning in industrial areas. It does not allow unfettered placement of telecommunication towers or public utility facilities throughout the county. It simply gives a locality the ability to adopt buy right ordinances. The reason Fairfax has a problem with this is they already have a buy right ordinance in very narrow circumstances, but they are requiring hearings, and so this might take away that hearing they currently require. As I understand it, that is in something like a tenth of a percent of Fairfax where they have this designation. Again, yes, it makes cell phone towers and public utility facilities a little easier if the localities adopt those ordinances. It doesn't force that on the locality.
[Unknown]
The question is on adoption of the committee amendment. As many as favor that motion will say aye, those opposed, no. The Senate amendment. Okay, yes, take it back. Shall the Senate amendment be agreed to?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 71, nos 27.
[Unknown]
Ayes 71, nos 27, the Senate amendment is agreed to.
[Unknown]
Turning to Page five of the printed calendar, House bill 451, a bill to amend and reenact a section of the code of Virginia relating to the commission on economic opportunity for virginians in aspiring and diverse communities, report, the bill passed the House February 16, passed the Senate with amendments on March eight.
Bill Howell
The gentleman from Virginia beach.
Jason Miyares
Mr. Speaker, this bill went through Senate rules with friendly amendments. Our friends in the Senate would like to have a little bit more representation on this committee, so it has gone from four members in the Senate to four members in the House and three in the Senate. I move the House accept the Senate amendments.
Jason Miyares
Shall the Senate amendment be agreed to?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 96, nos three.
[Unknown]
Ayes 96, nos three, the Senate amendment is agreed to.
[Unknown]
House bill 525, a bill to require the standards of learning innovation committee to review and make recommendation to the chairmen of the House committee on education and Senate committee on education and health on standardized testing in public high schools in the commonwealth, bill passed the House February 8, passed the Senate with a substitute on March eight.
Bill Howell
The gentleman from Fairfax, Mr. Lemunyon.
Jim LeMunyon
Thank you Mr. Speaker. Mr. Speaker, ladies and gentlemen of the House, the original bill dealt with recommendations from the sol innovation committee related to sol tests in high school. The Senate amendment makes clear that it should be the state board of education that receives those recommendations, and that actually was an oversight in the original bill, so I hope it be the pleasure of the body to accept the Senate substitute.
Jim LeMunyon
Shall the Senate substitute be agreed to?
[Unknown]
The clerk will close the roll.
[Unknown]
Ayes nine #, nos, zero.
[Unknown]
Ayes 98, nos, zero, the Senate substitute is agreed to.
[Unknown]
House bill 665, a bill to amend and reenact a section of the code of Virginia relating to the creation of the commission on employee retirement security and pension reform, the bill passed the House February 16, passed the Senate with amendments on March eight.
Bill Howell
The gentleman from Suffolk, Mr. Jones.
Chris Jones
Mr. Speaker, ladies and gentlemen of the House, this simply will change from two to three the membership of the Senate, and this is the speaker's bill as we know, and I would ask that we accept the Senate amendment.
[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 six of today's printed calendar, continuing House bills with Senate amendments, House bill 846, a bill to amend and reenact a section of the code of Virginia relating to the Virginia collaborative economic development act, the bill passed the House February 9, subsequently passed the Senate with a substitute on March eight.
Bill Howell
The gentleman from Fairfax, Mr. Hugo.
Tim Hugo
Mr. Speaker, House bill 846 is the second part of the go Virginia bill that the gentleman from Portsmouth and I, Delegate James and others have been working on. I would ask the Senate amendments change it, puts a somewhat dramatic change on t I would ask we reject the Senate substitute.
[Unknown]
Shall the Senate substitute be agreed to?
[Unknown]
The clerk will close the roll.
[Unknown]
Ayes one, nos 98.
[Unknown]
Ayes one, nos 98, the Senate amendments are rejected.
[Unknown]
House bill 1069, a bill to amend and reenact several sections of the code of Virginia and repeal others, all relating to limitations on tolling, toll collection fees, and penalties, period of nonpayment, notice of nonpayment, the bill passed the House February 16, passed the Senate with a substitute, with amendment, on March eight.
Bill Howell
The gentleman from Suffolk, Mr. Jones.
Chris Jones
Mr. Speaker, ladies and gentlemen of the House, this bill, when it left the House, had the policy dealing with limitations on tolling in the commonwealth, and also consumer protection measures in there about notification, changing the level of the fines and fees and notification as far as when you could proceed with an unpaid toll. What the Senate committee on transportation did, and Senate, when they sent the substitute back, is they took all of the reference and all of the public policy dealing with limitations on tolling out. What's left in this bill is a notification to consumer, notification items, limitation of tolling. I would ask we accept the Senate substitute.
[Unknown]
Shall the Senate substitute be agreed to?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 89, nos 10.
[Unknown]
Ayes 89, nos 10, the Senate substitute and amendment are agreed to.
[Unknown]
Turning to Page seven of the printed calendar, House bill 1343, a bill to amend and reenact several sections of the code of Virginia relating to the creation of the Virginia growth and opportunity board, awarding of grants for certain research and development, technology, and economic development projects, bill passed the House February 16, passed the Senate with a substitute on March eight.
Bill Howell
The gentleman from Suffolk, Mr. Jones.
Chris Jones
Mr. Speaker, ladies and gentlemen of the House, this bill, had it been up yesterday I would have asked you to accept the Senate 's actions but there is a technical amendment necessary so we will need to reject the Senate amendments and put this in conference so we can get that technical issue ironed out.
[Unknown]
Shall the Senate substitute be agreed to?
[Unknown]
The clerk will close the roll.
[Unknown]
Ayes zero, nos 99.
[Unknown]
Ayes zero, nos 99, the Senate substitute is rejected
[Unknown]
House bill 1362, a bill to amend and reenact several sections of the code of Virginia all relating to lobbyist reporting, the state and local government conflict of interests act, and the general assembly conflicts of interests act, annual filing of required disclosures, separate report of gifts, the bill passed the House February 16, passed the Senate with a substitute on March eight.
Bill Howell
The gentleman from Suffolk, Mr. -- I 'm sorry, gentleman from Shenandoah, Mr. Gilbert.
[Unknown]
Thank you Mr. Speaker. Mr. Speaker, the Senate adopted I think all of the concepts they had in their bill that we rejected when we conformed it to my bill. Obviously, that's what happens when you have competing concepts. I would ask at this point we reject the Senate amendments and put the bill into conference.
[Unknown]
Shall the Senate amendments be agreed to?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes zero, nos 98.
[Unknown]
Ayes zero, nos 98, the Senate amendments are rejected.
[Unknown]
Continuing with today's calendar, Page seven of the printed version, next category of bills, House joint resolutions with Senate amendments.
[Unknown]
Mr. Speaker?
Bill Howell
The gentleman from Charlottesville, Mr. Toscano.
David Toscano
Having voted on the prevailing side by which we passed on Page six, hb1069, I move we reconsider that vote so that we can have a do over
[Unknown]
The gentleman from Charlottesville, Mr. Toscano, moves that having voted on the prevailing side by which we agreed to the Senate substitute, the House bill 1069, we reconsider that vote. As many as favor that motion will say aye, those opposed, no. That motion is agreed to. Shall the Senate substitute be agreed to?
David Toscano
The clerk will close the roll.
[Unknown]
Ayes 85, nos 14.
David Toscano
Ayes 85, nos 14, the Senate substitute is agreed to.
[Unknown]
Returning to Page seven, next category of bills, House joint resolution with Senate amendments, House joint resolution 177, expressing the sense of the general assembly in condemning the antiisrael boycott divestment and sanctions movement and its activities in Virginia as its agenda is inherently antithetical and deeply damaging to the cause of Peace, justice, equality, democracy and human rights for you'll people in the middle east, agreed to the House by February 7, agreed to by the Senate yesterday.
Bill Howell
The gentleman from Virginia beach, Mr. Miyares.
Jason Miyares
Yes, Mr. Speaker, there were minor changes, an amendment in the nature of a substitute that I worked with the Senate rules chairman on. The only additions were recognizing israel's birthday, and the 60th anniversary, and they had requested some additional language to fit into what their expectations were, which is this resolution be communicated to the Virginia 's israel advisory board. Mr. Speaker, I move the House accept the Senate substitute.
[Unknown]
Shall the Senate substitute be agreed to?
[Unknown]
The clerk will close the roll.
[Unknown]
Ayes 85, nos five.
[Unknown]
Ayes 85, nos five, the Senate substitute is agreed to.
[Unknown]
Turning to Page eight of the printed calendar, House joint resolution 332, commending capitol square, the resolution was agreed to by the House on February 6, agreed to by the Senate with a substitute on March eight.
Bill Howell
The the gentleman from Colonial Heights Mr. Cox.
Kirk Cox
Thank you Mr. Speaker. I hope it will be the pleasure of the House to adopt the Senate substitute. This is on capitol square. It does very minor things, rather than commending capitol square, the substitute celebrates the 200th anniversary of capitol square and make sure the resolution is also -- this also goes to the capitol foundation.
Kirk Cox
So with that, I hope it will be the pleasure of the House to accept the Senate substitute.
Kirk Cox
Shall the Senate substitute be agreed to?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 99, nos, zero.
[Unknown]
Ayes 99, nos, zero, the Senate substitute is agreed to.
[Unknown]
Mr. Speaker?
Bill Howell
The gentleman from Loudoun, Mr. Greason.
Tag Greason
Mr. Speaker, I apologize. I have a parliamentary inquiry. I was going to come down and ask the clerk in private, but we are voting too quickly. If I was to reconsider a bill, having voted on the prevailing side, and then take it by temporarily, how much time could I buy myself to work on it? What I mean by that, I don't want to take it by for the day because I 'm not trying to kill it by putting it in conference, so I 'm trying to figure out how much time I might have to work on it without doing any undue harm to the patrons of the bill?
[Unknown]
You can take it by for the day because we have another day before you put it in conference.
Tag Greason
Mr. Speaker, if I might make a motion.
[Unknown]
Yes.
[Unknown]
Mr. Speaker, having voted on the prevailing side by which we passed House bill 525 on Page five of the calendar, I might ask that we consider -- reconsider that vote and then take the bill by for the day.
Bill Howell
The gentleman from Loudoun, Mr. Gleason, moves that by voting on the prevailing side by which we accept -- accepted the substitute to House bill 525, the gentleman from Fairfax, we reconsider that vote. Mr. Lemunyon.
[Unknown]
Peg to the motion?
[Unknown]
Sure.
Jim LeMunyon
I hope it will be the pleasure of the body to reject the motion to reconsider. There's nothing wrong with this bill. The bill in its original form and in the form that we just passed it says that the sol innovation committee needs to make recommendations about high school sols. The only change here is that the information goes to the state board of education as it should. It also is a public document. We will all see it. There's nothing to be afraid of in this bill. And there is no need to send it into conference. Thank you Mr. Speaker.
[Unknown]
Mr. Speaker?
[Unknown]
Speaking to the motion?
Tag Greason
Mr. Speaker, I really am just trying to do the right thing here and make sure we understand it. I would ask for the courtesy to go by for the day. If the bill is written properly, there is no damage to going by for the day. I specifically asked if it would kill it by taking it by and putting into conference. I'd ask for that courtesy and let it go by for the day.
Bill Howell
The question is on the gentleman from Loudoun 's motion to reconsider the vote by which we accepted the Senate substitute to House bill 525. As.
Bill Howell
As many as favor that motion will say aye, those opposed, no. That motion is agreed to. Without objection, House bill 525, by for the day.
[Unknown]
Continuing --
[Unknown]
[pause in proceedings]
Bill Howell
The gentleman from Colonial Heights Mr. Cox.
Kirk Cox
Mr. Speaker, I move the House stand in recess until 12:15.
Bill Howell
The gentleman from Colonial Heights Mr. Cox moves the House stand in recess until 12:15. As many as favor that motion will say aye, those opposed, will say aye, those opposed, no. That motion is agreed to. >> The House republican caucus meets immediately upon recess in House room one.
Kirk Cox
The House stands in recess until 12:15.
[Unknown]
[House in recess]
Bill Howell
Speaker: had to House will come to order. Members, please take your seats. The House will be at [ gavel ] >> Speaker: the House will come to order. The gentleman from Colonial Heights, Mr. Cox.
Kirk Cox
Mr. Speaker, I move that hjr-424 which is joint order for election to the supreme court be postponed until the conclusion of the Thursday, March 10, calendar, if I could speak to that motion.
Bill Howell
Speaker: the gentleman has the floor.
Kirk Cox
This will also have the effect of elevating obviously the special order which has the -- I -- intended to do when all the paperwork is in order.
Bill Howell
Speaker: the question is shall the House postpone House joint resolution 424 joint order for the election to the supreme court until the conclusion of Thursday, March 10th, House calendar. As many as favor that motion will say aye; those opposed, no.
Bill Howell
Speaker: the motion is agreed to. The House will be at ease.
Bill Howell
Speaker: the House whether come to order. The clerk will report House joint resolution 536.
[Unknown]
Clerk: House joint resolution 536, election of circuit court judges, general district court judges, juvenile and domestic relations district court judges, and a member of the judicial inquiry and review commission.
[Unknown]
Mr. Speaker, I mover the adoption of the resolution.
Bill Howell
Speaker: shall the resolution be agreed to? [ Bell ]
Bill Howell
Speaker: the clerk will close the roll.
[Unknown]
Clerk: ayes 93, nos zero.
Bill Howell
Speaker: the resolution is agreed to. The gentleman from richard city will communicate the action of the House to the Senate, Mr. Loupassi. The House will be at ease. >>> >>> >>> >>> >>> >>> The House will come to order. The House will be at the House will come to order this time. >> Mr. Speaker, a message from the Senate .
[Unknown]
Mr. Speaker, I 've been directed by the president of the Senate to inform the House delegates that the Senate is agreed to House joint resolution 536.
Bill Howell
Speaker: thank you.
Bill Howell
Speaker: the time for the joint order has arrived and the House is ready to proceed with the execution of House joint resolution 536. Nominations are now in order for judges of the judicial circuit. The court will report a resolution.
[Unknown]
Clerk: House resolution 221, nominating persons to be elected to circuit court judge ships.
Bill Howell
Speaker: are there further nominations? The chair hears none. As many as favor the adoption of the resolution will say aye, those opposed, no. The resolution is agreed to. Nominations are now in order for judges of the general district courts. The clerk will report a resolution.
[Unknown]
Clerk: House resolution 222, nominating persons to be elected to general district court judgeships.
Bill Howell
Speaker: are there further the chair hears none. Nominations? As many as favor adoption felt resolution will say aye. Those opposed, no. The resolution is agreed to. Nominations in order for judges of juvenile, domestic relations district courts.
[Unknown]
Clerk: House resolution 223, nominating persons to be elected to juvenile and domestic relations district court judgeships.
Bill Howell
Speaker: are there further nominations? The chair hears none. As many as favor the adoption of the resolution will say aye. Those opposed, no. The resolution is agreed to. Nominations are now in order for a member of the judicial inquiry and review commission. The clerk will report a resolution.
[Unknown]
House resolution 224, nominating a person to be elected a member of the judicial inquiry and review commission.
Bill Howell
Speaker: are there further nominations? The chair hears none. As many as favor adoption of the resolution will say aye. Those opposed, no. The resolution is agreed to. Mr. Loupassi will inform the Senate of the nominations made by the House and the House will be at [ gavel ] >> Speaker: the House will come to order. Sergeant-at-arms.
[Unknown]
A message from the Senate .
Bill Howell
Speaker: the gentleman from Rockingham .
[Unknown]
Mr. Speaker, I 've been directed by the president of the Senate to inform the House delegates that execution of the joint order pursuant to House joint resolution 536, nominations have been made by the Senate for certain judicial offices as listed in the attached papers.
Bill Howell
Speaker: thank you.
[Unknown]
Thank you.
Bill Howell
Speaker: the block voting for judges and other judicial officers will now commence -- is about to comment. Commence.
Bill Howell
Speaker: those in favor of the nominees for judges of the circuit courts as noted in-House resolution 221 for terms of eight years, commencing on the dates specified will vote yes. [ Bell ]
Bill Howell
Speaker: the clerk will close the roll.
Bill Howell
Speaker: nos this favor of the nominees for judges of the general district courts as noted in-House resolution 222 for terms of six years, commencing on the date specified, will vote yes. [ Bell ]
Bill Howell
Speaker: the clerk will close the roll.
Bill Howell
Speaker: those in favor of the nominees for judges of the juvenile and guess particular -- domestic relations for terms of six years commencing on the dates specified will vote yes. [ Bell ]
Bill Howell
Speaker: the clerk will close the roll.
Bill Howell
Speaker: those in favor of the nominee for a member of the judicial inquiry and review commission as noted in-House resolution 224 for a term of four years commencing on the dates specified will vote yes. [ Bell ]
Bill Howell
Speaker: the clerk will close the roll.
Bill Howell
Speaker: the clerk will make an announcement.
[Unknown]
Clerk: delegates Albo, Loupassi and Watts the committee on part of the House to report the vote of each House in each case. [ applause ]
Bill Howell
Speaker: the House will be at ease. [ gavel ] >> Speaker: the House will come to order. 536 will be resumed and the gentleman from Richmond city, Mr. Loupassi.
Manoli Loupassi
Mr. Speaker, I 'm pleased to report that the committee to count the vote of each House met, and the nominees fulfilled criteria for election and I move the reading of the report be waved.
Bill Howell
Speaker: the question is, shall the reading of the report be waived?
Bill Howell
Speaker: the clerk will close the roll.
[Unknown]
Clerk: ayes 88, nos zero.
[Unknown]
Speaker: the reading of the report is taived. Those judges previously nominated, having received the majority of votes, will declared duly elected judges for the terms of eight years commencing on the dates specified. Those judges having received a majority of the members of each House, are declared officially elected for the terms of six years commencing on the date specified. Those judges previously nominated having received a majority of the votes cast by the members elected to each House are declared duly elected as judges of the juvenile and domestic relations court of the judicial district for six years commencing on the date specified. And the member previously nominated having received pa majority of the votes cast by the joint vote of the two houses of the assembly is declared duly elected as a member of the judicial inquiry and review commission for a term of four years commencing on the date specified. And that ends joint order -- House joint resolution 536.
[Unknown]
Clerk: Mr. Speaker, that completes today's legislative business.
Bill Howell
Speaker: does the clerk have any announcements or communications?
[Unknown]
Clerk: yes, sir. Mr. Speaker, on behalf of the House, the speaker appoints the following members to various bills going into conference. More House bill 25, the speaker amounts Delegate Habeeb, Collins and Mason. For House bill 25, the speaker appoints delegates Habeeb, Collins and Mason. For House bill 168, the speaker appoints LaRock, Albo and Toscano. For 168, LaRock, Albo and Toscano. For House bill 373, the speaker appoints delegates Yancey ,. [ Bell ] of Albemarle and Watts. For House bill 373, Yancey, Bell of Albemarle and Watts. For House bill 568, the speaker appoints delegates Cox, Greason and Torian. For 568, the speaker appoints delegates Cox, Greason and Torian. For House bill 622, the speaker amounts delegates Bell of Albemarle, Albo and Herring. For House bill 622, the speaker amounts delegates Bell of Albemarle, Albo, and Herring. House bill 842, the speaker appoints delegates Cline, stewed inhalf and Bulova. For 842, delegates Cline, Dudenhefer and Bulova. Delegates Landes, Jones, and James. For House 858, delegates Landes, Jones and James. For House bill 879, speaker amounts on the part of the House delegates Hugo, Albo and kinds. House conferees, Hugo, Albo and kinds. For House bill 1,228 the speaker appoints delegates Miller, hell so and McQuinn. For 1228, delegates Miller, Helsel and McQuinn. And for House bill 1,255, the speaker amounts delegates Kilgore and Mason and pill I don't believe. H.B. 1255, delegates Pillion, Kilgore, and Mason. Mr. Speaker, also I would advise the body the House conference information is available in the back of the calendar of conference bills in committee or those which are unfinished business of bills moving that way. So to the extent that you want to work on your conferee conference reports, they actually have to be in conference to begin that process. So bear that in mind. I sent everyone an e-mail which hopefully explains that or reminds folks of that. Looking ahead to tomorrow, presumably the caucus meeting at 4:00 is not taking place today. Accordingly, looking ahead to tomorrow, March 10th, 1st meeting caucus meeting, will be the Hampton roads caucus, meeting at 8:00 a.M. In the sixth street floor speakers conference room. The committee on rules, House rules committee will meet five minutes prior to the beginning of the republican and democrat caucus us tomorrow morning in House room 1. A new meeting for House rules, they have one set of joint resolutions confirming appointments charter schools the democratic caucus meets at 9:15 in House room 2. The republican caucus, 9:15 in House room 1. That means the House rules committee will be at 9:10 tomorrow morning. That completes the announcements that I have.
Chris Jones
Speaker: the gentleman Mr .
Chris Jones
Mr. Speaker, ladies and Jones. Gentlemen of the House, an announcement?
Chris Jones
Speaker: sure.
Roslyn Tyler
Tomorrow, hopefully at 1:30 we'll have a full briefing on the conference report. Should be here at the capitol, 10 people are scheduled for 1:30 tomorrow for the appropriations committee to brief the body.
Bill Howell
Speaker: the gentleman from Colonial Heights -- I 'm sorry, Sussex ,.
Roslyn Tyler
I rise for an announcement.
Bill Howell
Speaker: the gentlewoman has the floor.
Roslyn Tyler
Thank you, Mr. Speaker. I know that everybody enjoyed those wonderful desserts they had this afternoon. [ applause ]
Kirk Cox
And I would just like to give thanks to Delegate McQuinn for all her hard work. [ applause ]
Bill Howell
Speaker: thank you. Gentleman from Colonial Heights, Mr. Cox.
Kirk Cox
Mr. Cox: Mr. Speaker, an announcement first. Delegate Jones just wanted to remind everybody in the next hour the budget should be online, hour, hour and a half, so you can look for that. With that, Mr. Speaker, a motion. I move that when the House adjourn today they adjourn to reconvene tomorrow at 10:00 a.M.
Bill Howell
Speaker: Mr. Cox moves when the hughes adjourns today, it reconvenes tomorrow morning at 10:00 a.M. As many as favor that motion will say aye; those opposed, no. All.
Kirk Cox
Speaker: the House is agreed
[Unknown]
I move the House thousands to. Adjourn.
Bill Howell
Speaker: as many as favor that motion will say aye; those opposed, no. The motion is agreed to. The House stands adjourned until tomorrow at 10:00 a.M. [ gavel ]
Bill Howell
[gavel] the House will come to order. The clerk will continue with the calendar.
Jay Leftwich
Continuing with theical dan, Page 19, House bills in joint resolutions in conference, conference report has been received on Page 20 of today's printed calendar, Page 20, conference report received for House bill 681, House bill 681, a bill to amend and reenact a section of the code of Virginia related to traffic and in person civil action, conference report has been available on line and is before the body.
Bill Howell
The gentleman from Chesapeake, Mr. Leftwich.
Jay Leftwich
Thank you Mr. Speaker, ladies and gentlemen of the body, has indicated by the clerk, this is the bill that creates a civil action for human trafficking. The Senate has agreed to the House version of the bill. I would ask that you accept the conference reports.
[Unknown]
Shall the conference report be adopted?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 93, nos, zero.
[Unknown]
Ayes 93, nos, zero, the conference report is adopted.
[Unknown]
Mr. Speaker, having no further conference reports submitted to the front desk, that dpleets the calendar.
Bill Howell
The gentleman from Colonial Heights Mr. Cox.
Kirk Cox
-- that completes the calendar.
Bill Howell
The gentleman from Colonial Heights Mr. Cox.
Kirk Cox
Mr. Speaker, I move the special continuing order pursuant to rule 19 of hr37 be suspended until the conclusion of hjr422 which was a joint order for election of the supreme court justice. I would like to speak to that.
Bill Howell
The gentleman has the floor.
Kirk Cox
Mr. Speaker, it's my understanding that where we are right now with the special order, it's going to take us to about 2:00 to be ready with that, and as the minority leader said we suspended it, we need to conclude the totality, et cetera. What this allows us to do is to do that process, and then I think put nous the proper posture.
Bill Howell
Gentleman from Charlottesville, Mr. Toscano.
David Toscano
Will the gentleman yield?
[Unknown]
Will the gentleman yield.
David Toscano
I yield.
[Unknown]
The gentleman yields.
Kirk Cox
I would ask the gentleman, just so I understand, do I understand it correctly, when 245 rolls around, this old order will expire, and that we will need a new order?
David Toscano
I would say to the gentleman, I think it's 242, but the clerk can confirm that. But I think if he reads the last line of the resolution, which I was saying yesterday the joint order May be suspended by the presiding officer of each House but no longer than 24 hours to receive the report of the joint subcommittee. I would say to the gentleman the report of the subcommittee has to be received by that time is my understanding.
David Toscano
Mr. Speaker, will the gentleman yield?
David Toscano
I yield.
David Toscano
The gentleman yields.
Kirk Cox
So maybe I didn't phrase the question correctly, but I would like to know, is it the gentleman's view that at 2:42 -- at 242, that order will be suspended, and that we will need a new order to proceed for the election of a supreme court justice?
[Unknown]
It is my view that if the process continues and the report of the joint committee is received, that no, at that point, I think you fulfilled this last line, and then if you look back, it says on line six, blah blah blah, election to the supreme court, justice in the term of 12 years, but on or after Thursday, March third, 2016. So I think that, Mr. Speaker, would be a proper interpretation.
[Unknown]
Mr. Speaker, will the gentleman yield?
[Unknown]
I yield.
David Toscano
The gentleman yields.
[Unknown]
So am I understanding all of that verbiage to say that if there is a report made under this order, there will not be a need for a new order?
Kirk Cox
That is my interpretation, Mr. Speaker.
Kirk Cox
Mr. Speaker, one final question?
Kirk Cox
Will the gentleman yield?
Kirk Cox
I yield.
Kirk Cox
The gentleman yields.
Kirk Cox
So assuming that set of facts, then, it would be the impression of the gentleman that we would proceed under the order that presently exists, and that is 484, I think, right?
[Unknown]
I would say then you would have several options. You could, under 424, once it's been received, then I would think you could then obviously, there could be another nomination made under that particular joint resolution. Not saying that's going to happen but I think that would -- that would not preclude that from happening.
[Unknown]
I thank the gentleman.
[Unknown]
Shall the motion be agreed to? As many as favor that motion will say aye, those opposed, no. That motion is agreed to.
[Unknown]
The House will be at ease.
[Unknown]
[House at ease] >> The House will be at ease. >>
Bill Howell
House will come to order. The joint order under House joint resolution 424 is now resumed. The clerk will announce the committee to canvas the vote.
[Unknown]
Clerk: committee on the part of the House, count the vote of each House .
Bill Howell
Speaker: the House will be at ease. It is [ gavel ] the House will come to order. The clerk will read the report of the committee.
[Unknown]
Clerk: for a justice of the supreme court of Virginia for a term of 12 years, commencing March 3rd, 2016, alston received in the House of delegates 66 votes, in the Senate 20 votes.
Bill Howell
Previously nominated, having failed to receive a majority of the votes cast by the members elected of each House, is not elected. The gentleman from Colonial Heights, Mr. Cox.
Kirk Cox
I move the House then recess until 3:15.
Bill Howell
Speaker: the gentleman from Colonial Heights moves that the House remain in recess until 3:15. As many as favor that motion will say aye; those opposed, no. All.
Kirk Cox
Speaker: that motion is agreed to.
[Unknown]
Immediately upon recess, the House republican caucus will meet in House room 1. And immediately upon conclusion of the House republican caucus, the House courts of justice committee will meet at House room 1.
[Unknown]
Mr. Speaker?
Bill Howell
Speaker: the gentleman from Fairfax, Mr. Albo.
Dave Albo
Maybe it would be better to set a specific time in case the public woons come. Would you suggest 2:30? 2:30 then, Mr. Clerk?
Bill Howell
Speaker: that's one, two, three.
Dave Albo
3:00?
[Unknown]
I'll remember that in counting the votes next time.
[Unknown]
Clerk: House republican caucus meets immediately upon the recess in room one. At 3:00, the House courts of justice will be meeting.
[Unknown]
Speaker: the House stands in recess until 3:15. Recess until 3:15.