03/10/2016 House Proceedings

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Index

SB767—00:09:11
SB270—00:04:20
SB478—00:02:30
SB449—00:00:20
HB525—00:00:40
HB685—00:01:55
HB605—00:02:40
SB670—00:00:20
HB332—00:02:00
HJ97—00:00:15
SB120—00:00:25
HB242—00:00:40
HR242—00:18:51
SJ188—00:00:40
HB895—00:00:55
HJ112—00:00:40
SB253—00:00:20
HB1228—00:01:20
Del. Scott Garrett (R-Lynchburg)—00:00
Del. Lee Ware (R-Powhatan)—00:15
Del. Eileen Filler-Corn (D-Fairfax Station)—04:05
Del. David Bulova (D-Fairfax)—00:00
Del. Scott Lingamfelter (R-Woodbridge)—00:05
Del. Sam Rasoul (D-Roanoke)—07:41
Del. Tim Hugo (R-Centreville)—00:55
Del. Greg Habeeb (R-Salem)—00:10
Del. John O'Bannon (R-Richmond)—00:35
Del. Rob Bell (R-Charlottesville)—00:50
Del. Chris Jones (R-Suffolk)—00:25
Del. Bob Marshall (R-Manassas)—00:00
Del. Bob Purkey (R-Virginia Beach)—00:10
Del. Bob Marshall (R-Manassas)—01:11
Del. Bobby Orrock (R-Thornburg)—01:40
Del. Mark Cole (R-Fredericksburg)—00:10
Del. Randy Minchew (R-Leesburg)—01:15
Del. Vivian Watts (D-Annandale)—01:10
Del. Dave Albo (R-Springfield)—03:10
Del. Bob Marshall (R-Manassas)—00:50
Del. Greg Habeeb (R-Salem)—01:00
Del. David Toscano (D-Charlottesville)—00:00
Del. Greg Habeeb (R-Salem)—00:05
Del. Kirk Cox (R-Colonial Heights)—00:15
Del. Tim Hugo (R-Centreville)—00:00
Del. Jim LeMunyon (R-Oak Hill)—00:40
Del. Steve Landes (R-Weyers Cave)—00:45
Del. David Toscano (D-Charlottesville)—00:10
Del. Steve Landes (R-Weyers Cave)—00:30
Del. Mark Dudenhefer (R-Stafford)—00:10
Del. Rob Bell (R-Charlottesville)—01:55
Del. David Toscano (D-Charlottesville)—00:15
Del. Rob Bell (R-Charlottesville)—00:15
Del. David Toscano (D-Charlottesville)—01:50
Del. Lee Ware (R-Powhatan)—00:36
Del. Jackson Miller (R-Manassas)—00:10
Del. Ben Cline (R-Amherst)—00:45
Del. David Toscano (D-Charlottesville)—00:15
Del. Rob Bloxom (R-Accomack)—00:05
Del. David Yancey (R-Newport News)—00:20
Del. Dave LaRock (R-Loudoun)—01:05
Del. Rob Bloxom (R-Accomack)—00:00
Del. Jackson Miller (R-Manassas)—00:00
Del. Todd Gilbert (R-Woodstock)—00:05
Del. Chris Stolle (R-Virginia Beach)—00:05
Del. David Yancey (R-Newport News)—00:05
Del. Rip Sullivan (D-Arlington)—04:40
Del. Greg Habeeb (R-Salem)—06:30
Del. David Toscano (D-Charlottesville)—06:46
Del. Terry Kilgore (R-Gate City)—03:35
Del. Steve Landes (R-Weyers Cave)—03:56
Del. Terry Kilgore (R-Gate City)—03:35
Del. Steve Landes (R-Weyers Cave)—03:55
Del. Terry Kilgore (R-Gate City)—02:20
Del. Steve Landes (R-Weyers Cave)—01:10
Del. Terry Kilgore (R-Gate City)—01:40
Del. Steve Landes (R-Weyers Cave)—00:15
Del. Kirk Cox (R-Colonial Heights)—03:00
Del. Steve Landes (R-Weyers Cave)—00:10
Del. Tag Greason (R-Potomac Falls)—01:05
Sen. Todd E. Pillion (R-Abingdon)—00:00
Del. Steve Landes (R-Weyers Cave)—00:30
Del. David Yancey (R-Newport News)—00:20
Sen. Todd E. Pillion (R-Abingdon)—00:00
Del. Tag Greason (R-Potomac Falls)—00:05
Del. Steve Landes (R-Weyers Cave)—00:05
Del. Jackson Miller (R-Manassas)—01:30
Del. David Toscano (D-Charlottesville)—03:15
Del. Kirk Cox (R-Colonial Heights)—02:11
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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 Joshua Lee, Pastor, Fullnet Community Church, Centreville

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

Attendance roll call - Quorum present

Leaves of Absence granted: Delegates Campbell and Hope

Journal for Wednesday, March 9, 2016, approved by the Speaker

HBs 8, 46, 180, 815, 894 - House accedes to Senate request for Committees of Conference

Committee report
From Rules: SJR 188

HB 8 - Conferees appointed: Bell of Staunton, Landes, Plum

HB 46 - Conferees appointed: Greason, Robinson, Tyler

HB 180 - Conferees appointed: Collins, Bell of Albemarle, Watts

HB 815 - Conferees appointed: Miller, Bell of Albemarle, Watts

HB 894 - Conferees appointed: Bell of Staunton, Greason, Bulova

SB 440 - Conferees appointed: Cox, Greason, Torian

SB 625 - Conferees appointed: Jones, Knight, James

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 Block Vote (Y-97 N-0)
SB 369S - Health, Welfare and Institutions Committee Amendment rejected, Appropriations Committee Substitute agreed to, Passed Block Vote (Y-97 N-0)
SB 438S - Committee Substitute agreed to, Passed Block Vote (Y-97 N-0)
SB 449S - Moved to Regular Calendar
SB 457 - Passed Block Vote (Y-97 N-0)
SB 459S - Moved to Regular Calendar
SB 476 - Passed Block Vote (Y-97 N-0)

SENATE BILLS READ THIRD TIME
REGULAR CALENDAR
SB 669S - Rereferred to Committee on Transportation under Rule 22
SB 758 - Passed (Y-94 N-1)
SB 767A - Delegate Marshall of Prince William floor amendment rejected, Delegate Minchew floor amendment agreed to, Passed (Y-50 N-45)
SB 270S - Committee Substitute agreed to, Passed (Y-65 N-31)
SB 478SA - Committee Substitute agreed to, Delegate Habeeb floor amendments agreed to, Passed (Y-90 N-5)
SB 449S - Committee Substitute agreed to, Passed (Y-90 N-7)
SB 459S - Committee Substitute agreed to, Passed (Y-91 N-6)

HOUSE BILLS WITH SENATE AMENDMENTS
HB 525 - Senate substitute rejected (Y-0 N-97)
HB 685 - Senate substitute agreed to (Y-87 N-8)

RESOLUTION
UNCONTESTED CALENDAR
HJR 425 - Agreed to (Y-97 N-0)

MEMORIAL RESOLUTIONS ON THE SPEAKER'S TABLE
HJR 492 - Agreed to
HR 220 - Agreed to

COMMENDING RESOLUTIONS ON THE SPEAKER'S TABLE
HR 206 - Agreed to
HR 211 - Agreed to
HR 212 - Agreed to
HR 214 - Agreed to
HR 215 - Agreed to
HR 216 - Agreed to
HR 217 - Agreed to
HR 218 - Agreed to
HR 219 - Agreed to

HOUSE BILLS WITH GOVERNOR'S RECOMMENDATIONS
HB 605 - Governor's amendment no. 1 agreed to (Y-96 N-0), Governor's amendment no. 2 severed - paragraph 2. rejected (Y-32 N-65), paragraph no. 3. ruled out of order
HB 766 - Passed by for the day

SENATE BILL WITH GOVERNOR'S RECOMMENDATION
SB 670 - Governor's recommendation agreed to (Y-91 N-4)

HOUSE BILLS AND JOINT RESOLUTIONS IN CONFERENCE
HB 332 - Conference report agreed to (Y-69 N-28)
HB 1331 - Conference report agreed to (Y-96 N-0)
HJR 97 - Conference report agreed to (Y-96 N-0)

SENATE BILLS AND JOINT RESOLUTIONS IN CONFERENCE
SB 120 - Passed by temporarily
SB 230 - Conference report agreed to (Y-95 N-0)
SB 544 - Conference report agreed to (Y-70 N-26)
SJR 58 - Conference report agreed to (Y-97 N-0)
SJR 97 - Conference report agreed to (Y-97 N-0)
SB 120 - Passed by for the day

HJR 424 resumed

HR 242 (Nominating a person to be elected as a Justice of the Supreme Court of Virginia) offered by Delegate Loupassi and agreed to

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]
>>. >>> 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
Members will rise and be led if prayer by the Reverend joshua Lee, pastor in centerville and remain standing for the pledge of allegiance of the flag of united states of america led by gentleman from Colonial Heights Mr. Cox.
Kirk Cox
Let us pray. All mighty God, we're gathered here today, humbly asking for your grace. Before we Rush in to do the work that is most important to our eyes, let us have the wisdom to step back and see the big picture. Before we discuss things that we believe are critical to our future, let us know that who is controlling our future. Before we boast about the accomplishments we will make today, please, lord, help us know that it is you who pulse the strings, who guides our hearts, who makes thing happen. Our heavenly father, thank you for the duties we must tackle today because we're now living at the critical time and called to be courageous for those jobs. It's our privilege and honor to work with you and for you though we're not good enough and don't deserve it. But to ourselves we forget we're just servants called to finish the work, trying to please the master so we pray that you give these servants, the heart of the holy spirit so that decisions are made, are holy. Know the right things from wrong and do the work of God not the man. Most of all, I pray that you bless them for their commitment and sacrifice because the tasks given to them are not easy. But they volunteered anyway, and willingly decided to do something for the better future of Virginia, and our country. So today, be with them, and fill their hearts with your words and grace, in jesus name, we pray, amen. [ reciting the pledge of allegiance to the united states of america ]. >> Members will answer the roll call by indicating their presence on the electronic voting board.
Bill Howell
Clerk will close the roll.
Kirk Cox
Mr. Speaker, a quorum is present.
Bill Howell
I have examined and approved the journal of the House of delegates, motions and resolutions under rule 39 are now in order. Does the clerk have announcements or communications?
[Unknown]
Yes, sir, communication from the Senate, the Senate has insisted on its amendments and requested a committee of conference on House bills, 8, 46, 180, 815 and House bill 894.
Bill Howell
Gentleman from Colonial Heights, Mr. Cox.
Kirk Cox
Mr. Speaker, I move the House for committee of conference on the previously reported legislation.
[Unknown]
Those in favor say aye. Opposed, no. The motion is agreed to.
Kirk Cox
In addition, the speaker behalves for House bill eight, delegates Bell, Landes, and Plum. For House bill 46, speaker appoints delegates Greason, Robinson and Tyler, for House bill 180, the speaker appeals delegates Collins, Bell of arl -- Albemarle and Watts. House bill 815, Miller, Bell, and Watts. For House bill 894 the speaker appoints delegates Bell, Greason and Bulova. For Senate bill 440 the speaker appoints delegates Cox, Greason and Torian and for Senate bill 625 the speaker appoints delegates Jones, Knight, and James. Finally, I remind the body the deadline to introduce House only commending resolutions need to be presented by 5:00 today. This is the last day to place bills into conference.
Bill Howell
Gentleman from lynchberg, Mr. Garrett.
Scott Garrett
Mr. Speaker, I rise for a request.
Bill Howell
Gentleman May state it.
Scott Garrett
May the journal reflect my seat mate is away on pressing personal business.
Bill Howell
Gentleman from Mr. Ware.
[Unknown]
Thank you, Mr. Speaker, I rise for a motion.
Bill Howell
Gentleman May state it.
[Unknown]
Mr. Speaker, on House bill, can we move Senate bill 449 to regular calendar and on Page three, Senate bill 459 could that be moved to regular calendar?
Bill Howell
Without objection, Senate bill 449 and 459 to the regular calendar. The gentlewoman from Fairfax, Mrs. Filler-corn.
[Unknown]
Mr. Speaker, I rise for a point of personal privilege.
Bill Howell
Gentlewoman has the floor.
[Unknown]
I rise this morning to say thank you to our schools, we find ourselves focused on what doesn't seem to be working. By doing so, I believe we lose sight of the incredible things our schools are doing to improve outcomes for our children. So today, I wanted to take a moment to highlight some of the ways my county, Fairfax County managed to create partnerships with the public and private sector. I know many school districts are also building these links with the communities. It's these partnerships that allow improving outcomes. Those of us who attended the arts caucus meeting had the opportunity to learn about the education work of the wolf trapp foundation for performing arts. Wolf trapp provides a early childhood stem program. Teachers are trained with professional artists in how to apply arts ingrated techniques to improve math skills, the foundation of stem, and bring lessons to life in innovative ways. Teachers engage students in music, drama, Dance that help develop early mathematics learning skills and the results have been incredibly significant. In the second year, researchers are finding it amounts to the equivalent of 34 additional instructional days to students in the program. Another example is genesis works program in the business community to provide opportunities for underprivileged high school students to experience meaningful I .T.Internships in businesses that provide extensive training and students are performed to train in hardware and software upgrades, and help desk support. The program remarks a remarkable success rate, 94% of the student interns enroll in college and 84% continue in higher ed after freshman year. More than 90% of students involved in the program are from low income households and many represent students who May require additional support. Lastly, and on a personal note, as a patron of legislation that focused on student athletes returning to learn, which passed this body in 2014 I am pleased over two years, fcps football coaches have been using the heads up football program developed by usa football. This program reenforces tackling mechanics aimed at reducing helmet contact, concussion recognition as well as proper helmet and shoulder pad fittings as the first program to adopt heads up football, now, it approves that the program is working, reducing concussions by 28% to 33% and injuries by 16%. Fcps has offered to other sports, notably, to boys and girls lacrosse, which have all seen similar reductions in concussions and injury. Yes, I am proud of our schools but we're all supportive and proud of the schools throughout Virginia. These are examples of our public schools doing more with less and creating innovative partnerships with public and private sectors towards improving our kids, the future of the commonwealth. Thank you, Mr. Speaker, ladies
Bill Howell
Gentleman from Fairfax, and gentlemen. Mr. Bulova.
David Bulova
Thank you, Mr. Speaker, I rise for a request.
Bill Howell
Gentleman has the floor.
David Bulova
I request the journal reflect my seat mate is away on pressing personal business.
Bill Howell
The journal will so reflect.
Bill Howell
Gentleman from Shenandoah, Mr. Gilbert.
Todd Gilbert
Mr. Speaker, I rise for a
Bill Howell
Gentleman has the floor. Motion, please.
Todd Gilbert
I rise House bill 766 go by for the day.
Bill Howell
Without objection, by for the day.
Bill Howell
Gentleman from Prince William, Mr. Lingmafelter. Which one?
[Unknown]
Mr. Speaker, I rise for an introduction.
Bill Howell
Gentleman has the floor.
[Unknown]
Mr. Speaker, I 'd like to introduce isaac Scott lingmafelter to the body.
[Unknown]
We're pleased to see him here today.
Bill Howell
Gentleman from Roanoke city, Mr. Rasoul.
Sam Rasoul
Thank you, Mr. Speaker, Mr. Speaker, I rise for a point of personal privilege.
Bill Howell
Gentleman has the floor.
Sam Rasoul
Thank you, Mr. Speaker, ladies and gentlemen of the House, session is almost over. I personally have grown and enjoyed this session, unfortunately, I will not see much of you all for the next ten months as we'll go back to our districts except for the smartest one of all of us, gentleman from Salem, Delegate Habeeb, which I see very often. Much will happen over the next 10 months and we don't know what each day will bring, I feel compelled to comment briefly on some of the struggles that we face. I love my country and my commonwealth. I'm thankful for the opportunities that the stars and stripes have awarded me. I, like everyone of you, am anxious when things threaten our way of life. My inspiration is very simple. I've got three rug rats at home. I love going back and spending every minute that I can with them. One of the worst feelings I 've ever had was when my first child was in the hospital, ill, and there was nothing I can do to help her. That was a helpless feeling. To think of my children in the future and their well being threatened makes me think about what the future holds. Mr. Speaker, ladies and gentlemen, I 'm not alone in my worries. Most parents since the beginning of time have agonized over these challenges, including the families of the 150,000 Virginia muslims and millions around this country. We often hear a comment why aren't muslims condemning these acts of violence? What our body calls, this perversion of islam. Why aren't muslims talking about how this is wrong? How what isis and al qaeda who represent a tiny percentage of what islam is about, why aren't more people condemning them? Mr. Speaker, ladies and gentlemen of the House, in that condemnation I want to provide to you several pieces of information. Number one in an open letter by 150 islamic scholars, from all across the world who are main stream to el-baghdady, the self pro claimed leader of the islamic state, there is a 24 Page condemnation in detail of the actions of isis. In the executive summary, three catch my eye it is for by then in islam to kill the innocent. It is forbidden to harm or mistreat christians or people of scripture and forbidden in islam to deny women their rights. There was a March on Washington several months ago, muse limbs, american muslims against isis. Thousands are rising up as isis dares to steal the religion of 20% of the world's population and use it for their own political purposes. In addition to that, mel -- millennial muslims joined in a massive media campaign, #not in my name. You will not, isis and al qaeda steal our religion from us because you're not acting in our name. Mr. Speaker, ladies and gentlemen of the House, we do have a common enemy. And that enemy is ignorance. When one prominent christian leader pro claimed God was punishing the united states on September 11th, I refused for that statement to define christianity. Because islam is based on judaeo christian values. I know today, at the site of the horrific September 11th attacks, there are over a thousand american muslims that are members of the new York city police department that are helping to defend our freedoms day in and day out. I also know, Mr. Speaker, that most of the victims of the perversion of islam are muslims themselves. Who unfortunately are fleeing this terror. But the one fact I am most proud of, Mr. Speaker, is that here in Virginia, the members of this body, and House of delegates and chamber down the Hall, have risen above the discourse that devolves else. Republican and democratic members of this body visited mosques, asked questions, have been learning about the diversity we celebrate here in Virginia. Many of you might find me when we're alone somewhere, say sam, I just have a quick question. I want to know what is really going on? Those are beautiful moments that I have shared with many of you more than you would actually know. Today, Mr. Speaker, I am thankful and proud to be part of this body. I hope that we can work together, as americans, to fight our common enemy, that common enemy being ignorance. Sure, in the short term, there is military action that needs to be taken. By someone. But in the long term, the battle of ideologies is winning hearts and minds across the globe. Having worked in countries from around the globe, Mr. Speaker, I 'm thankful for the freedoms and liberties I enjoy in the united states and in this commonwealth. I'm thankful and I truly appreciate and understand what it means to have police that are pro teching me, as opposed to detaining me like they did in parts of africa. I am thankful, so thankful, for the system of justice, the courts of justice that we have in this country, as there are many countries around the globe where people do not have their constitutional rights protected and I 'm very thankful, Mr. Speaker, for a republic that gave this child of immigrants, the opportunity to serve everyone of the constituents here in the commonwealth of Virginia, thank you, Mr. Speaker. >> Gentleman from Fairfax, Mr. Hugo.
Tim Hugo
Mr. Speaker, I rise for an introduction.
Bill Howell
Gentleman has the floor.
Tim Hugo
Mr. Speaker, in the newspaper, sports Page, you hear these references to heroic athletes. Occasionally we do have people that are heroic. In the gallery is a young man, I hope he and his family will rise. Daniel was fishing in alaska and he's a life scout and the skills he learned in scouting taught him, he recognized someone was in need. Someone was coming down the river, they were in hypothermia. Daniel recognized the problem, and saved the man's life. And when he saved this man's life, he also figured out that his partner was up the river a couple miles. So what daniel learned in scouting is heroic efforts, I hope the House will give a warm welcome to life scout daniel. >> Daniel, we're honored to have you with us today and congratulate you with your success in scouting. Thank you for sharing your time with us today.
Bill Howell
Gentleman from Prince William, Mr. Lingmafelter? Gone? Are there further motions and resolutions under rule rule? Clerk will call the calendar.
[Unknown]
Calendar for today, Thursday, March 10, 2016. First category, Senate bills on third reading uncontested calendar. First up, Senate bill 9, Page one, a bill to amend the code of Virginia regarding to civil immune ti, companion animals left unattended in motor vehicles. Reporting to courts of justice.
[Unknown]
Mr. Habeeb.
[Unknown]
Senate bill 9 provides civil immunity for first responders for injuries to an animal or property damage caused when saving a companion animal. It's a very narrow version of several other bills and I move passage of the bill.
[Unknown]
Turning to Page two of the calendar, Senate bill 369 relating to nurse practitioners practicing in pilot programs. With amendment February 25th, reporting to committee on appropriations with a substitute.
Bill Howell
Gentleman from Henrico, Mr. O'bannon.
John O'Bannon
Thank you, Mr. Speaker, this bill deals with getting more practice to getting more nurse practitioners and I have request that we reject the amendment from the committee on health, welfare and institutions and adopt the substitute from appropriations.
Bill Howell
The question is on the adoption of the health welfare and institutions committee amendment. Those in favor say aye. Opposed, no.
John O'Bannon
Thank you, Mr. Speaker. The bill is a section 1 one provides for telemedicine folks at uva to sign up nurse practitioners with the care teams. I hope we'll pass the bill.
[Unknown]
Those in favor say aye, opposed, no. Thank you.
[Unknown]
Continuing with the uncontested block, Senate bill 438 related to public institutions of higher education, social media accounts, disclosure, reporting to committee for courts of justice with a substitute on the 7 of March .
Bill Howell
The gentleman from Albemarle, Mr. Bell.
Rob Bell
Mr. Speaker, I move the House courts committee substitute.
[Unknown]
Those in favor say aye. Substitute is agreed to.
Rob Bell
Mr. Speaker, if you remember, this is given to universities that have fully accredited law enforcement departments and we added a tighter definition of social media account.
[Unknown]
Senate bill 449 moved to regular calendar, continuing with the block, Senate bill 457 related to asset forfeiture, burden of proof.
Bill Howell
This is a bill saying for forfeiture matters the burden of the evidence will not be a preponderance of the evidence, it does not go as far as as the gentleman from Spotsylvania 's bill, but does raise the bar a little bit.
[Unknown]
Senate bill 459 moved to regular calendar, accordingly, Senate bill 476 a bill to amend several section of the code of Virginia related to Hampton roads accountability transition.
[Unknown]
Anybody prepared to -- they're pointing at each other.
Bill Howell
Gentleman from Suffolk, Mr. Jones.
Chris Jones
This deals with a technical change and allows, similar to Delegate Villanueva 's bill, to chairman of the board can be appointed, not elected, then be appointed by the board of supervisors to the hr task commission. It also allows for investment of funds that are received and I ask it that we pass the bill.
Bill Howell
Gentleman from Prince William, Mr. Marshal.
Bob Marshall
Mr. Speaker, if it was not already done, I ask Senate bill 449 be placed on regular calendar.
[Unknown]
I think we've already done that.
Bob Marshall
Thank you very much.
[Unknown]
Shall the bills pass? Clerk will close the role.
[Unknown]
Aye, 97, no, 0. The.
[Unknown]
Bills are passed. Continuing with the calendar, first up, Page four, Senate bill 669 a bill to amend and reenact section of the code of Virginia and repeal an active assembly of 2015 relating to maintenance payments for moving lanes converted to bicycle-only lanes, report together committee of stugs.
[Unknown]
Mr. Speaker, I have a motion.
Bill Howell
Gentleman May state it.
[Unknown]
I move we move Senate bill 669 to committee for appropriations.
[Unknown]
Those in favor say aye. Opposed, no. That motion is agreed to.
[Unknown]
Senate bill 758 a bill to amend and reenact section of the code of Virginia related to alcohol beverage control, farm winery license.
Bill Howell
Gentleman from Virginia beach, Mr. Knight.
Barry Knight
Mr. Speaker, Senate bill allows licensed Virginia wineries to trade grapes and fruits between themselves, one could have a good year, one, a bad year and it doesn't go against their percentage of instate grapes to be marketed as instate wine. I move the House pass the bill.
Bill Howell
Shall the bill pass? Clerk will close the roll.
Barry Knight
Aye, 94, no, one, the bill is passed.
[Unknown]
Turning to Page five of the printed calendar, Senate bill 767, a bill to amend and reenact section of the code of Virginia related to the form of ballots, party identification of candidates, reporting to committee on privileges and elections and Mr. Speaker there are two floor amendments.
[Unknown]
The amendment offered by Delegate marshal appears to be broader so we'll look at that, first. The clerk will report.
[Unknown]
Floor amendment offered by Delegate marshal, amendment one, on line 16, on line 16, after the word party, insert semi colon, however, this shall not apply to a school board where a charter provides candidates for specified office shall not be identified by political party.
Bill Howell
Gentleman from Prince William, Mr. Marshal.
Bob Marshall
Addressing the amendment, Mr. Speaker.
[Unknown]
Please.
Bob Marshall
Thank you, very much. Mr. Speaker, I have had a conversation with a young woman from Virginia municipal league and she informed me that she went through 134 charters that are in Virginia, both for towns and cities. 5 or 8 have expressed provisions requiring that individuals run as nonpartisan candidates. The others have this practice. And she was concerned that I am concerned that might be significantly altered in the absence of such an amendment now, the other part about school boards, I 'm just trying to anticipate what mischief someone might try to do down the road without this pro vision so in order to preserve that, I 'm putting that in here. If you don't like this amendment, there is one coming after this some folks will like less that they didn't want in the first place. I hope we can keep this nonpartisan not just for the ones where the charter mentions this, but allow the continuation where the practice has been, not to have partisan election.
Bill Howell
Gentleman from Caroline, Mr. Orrock.
Bobby Orrock
Mr. Speaker, speaking to the amendment.
Bill Howell
Gentleman has the floor.
Bobby Orrock
Mr. Speaker, ladies and gentlemen of the House this, matter is up yesterday, I voted for the under lying bill. But I hope the members will oppose the pending floor amendment. First, the language in there relative to saying that school boards shall always remain nonpartisan existing law and could create, I think, confusion in the jurd yishl proceeding that since we don't use it throughout the code in similar circumstances, relative to election, maybe we didn't really mean it applied to school boards and allowed or created a mechanism for electing school boards, secondly, the rest of the amendment does is says not only because of a city or town did you not a county has a charter, that says elections have to be nonpartisan. We also say, and, any city or town, but not a county, can affect an ordinance at any time saying local elections can be nonpartisan. This gives them the ability to trump, what we have as a matter of public policy. There is a further amendment that would clarify any local governing body that has in their charter nonpartisan elections would not be covered under this provision. I think that is a preferable amendment that would be perspective in that any local governing body could come to this assembly, requesting a charter that would, if approved give them that same provision. I hope it be the pleasure of the bod yes to reject the current floor amendment, approved subsequent floor amendment and pass the bill.
Bill Howell
Gentleman from Spotsylvania, Mr. Cole, speaking to the amendment?
Mark Cole
Yes, Mr. Speaker, speaking to the amendment.
Bill Howell
I asked the body to adopt the gentleman from Prince William 's amendment. I share the concerns of the gentleman from Caroline, however, I can count votes and I would ask that we adopt the gentleman from Prince William 's amendment.
Mark Cole
Any questions on the adoption of the floor amendment offered by the gentleman from Prince William, Mr. Marshal. Those in favor will say aye, opposed, no. The floor amendment is rejected.
Bob Marshall
Floor amendment offered by Delegate Minchew to the engrossed version. On line 14, after the stricken through word "each", strike the word "each" and insert except where the provisions of a local charter provide to the contrary, each and the sentence continues.
Bill Howell
Gentleman from Loudoun, Mr. Minchew.
Randy Minchew
Thank you, Mr. Speaker, I rise to address the amendment.
Bill Howell
Gentleman has the floor.
Randy Minchew
Thank you, Mr. Speaker, back in law school I took a course called conflicts of laws. I know chairman Albo took the course because he can never turn down a course with a title that I noticed back when we adopted cool. This bill, I noted what I will call a latent conflict of laws questioned, that is where you have specific town or city charter legislation that says elections shall be nonpartisan and we adopt this bill, there is a question as to which one would, dare I use the verb, trump, and I couldn't think of a and this specifies something that simply says where you have a local town or city or now county charter, to the contrary that provides for elections to be nonpartisan, that would better word, Mr. Speaker. Control over the general provisions of the bill, and I yield back.
Bill Howell
Gentlewoman from Fairfax, miss Watts .
Vivian Watts
Thank you, Mr. Speaker, would the gentleman yield the floor for purposes of a question?
[Unknown]
Will the gentleman yield?
Vivian Watts
I most certainly will, thank you.
[Unknown]
Thank you, Mr. Speaker. I am very puzzled. I don't know anything like a county charter. We have county forms of government in the code, and under those we enact ordinances to carry forth the subject of this bill, why did you not include counties in your amendment?
[Unknown]
Mr. Speaker, I advise the gentle lady from Fairfax within the code there are provisions for charter counties. To the best of my knowledge, no county adopted one. The gentle lady is from a county that as urban county secular government that feels like a charter but is not. The reason we do that is our municipalities, towns apriled cities with charters but the best of my knowledge, no county has yet to come forward for adoption of a county charter.
[Unknown]
Will the gentleman yield for another question?
[Unknown]
I will yield.
[Unknown]
My question is, of the gentleman why did you not include county ordinances so that those of us who have enacted such nonpartisan pro visions by ordinance would be covered by your amendment?
[Unknown]
Mr. Speaker, the reason why I did not do so as a general rule, I worry about the precedent of having state law being subject to being ruled secondary to a county charter that May be fourth coming. In other words, they're secondary to the laws of the bod yes. If we're to put a provision that says this law is secondary to a county ordinance, I think that is kind of messing up the priority of laws. That is why I did not put that in there.
[Unknown]
I thank the gentleman.
Bill Howell
The question is on adoption of of the floor amendment will say aye, opposed, no. Floor amendment is agreed to. Shall the bill pass? Clerk will close the roll.
[Unknown]
Aye, 50, no, 45.
[Unknown]
The bill is passed.
[Unknown]
Continuing with the calendar, Senate bills third reading. Senate bill 270 a bill to amend of code of Virginia related to sanctuary policies reporting to committees of courts of justice with a substitute.
Bill Howell
Gentleman from Fairfax, Mr. Albo.
Dave Albo
Mr. Speaker, members of the House, let me explain a little bit about the bill and ask to adopt the substitute. So, when this bill started it was much different than, like a two computers here, so I look really smart. So let me consult this computer. Okay. The original bill said that no locality can adopt an ordinance that is less restrictive than any federal immigration law and had a penalty saying if you did that, you would lose state funding. We didn't like that at all in House courts committee and have done a substitute and the substitute basically is exact copy of gentleman from Prince William, Delegate marshal's bill, and that says is this one asks you to adopt the substitute. That if issued a detainer, the sheriff would have to hold that person for the detainer which is 48 hours, many years ago we had big debates here in the House floor about immigration policy when someone breaks the law. What we determined was that we never wanted to have a situation where a police officer who looked at someone in the street and go you know, you don't look like you're from here, I think I will arrest you because I don't think you're lawfully in the united states. What we said is everybody arrested and taken to jail, everyone, no matter what you look like, talk like, every one gets run through the federal immigration data base. The federal immigration data base is a series of seven different data bases, terrorism watch list, everybody who skipped their visas, all people who we known should have been deported, etc. And if we get a positive identification, then, the sheriff calls immigration customs enforcement, immigrations and customs enforcement decides if they're going to issue a detainer. Now, of course, immigrations customs enforcement is not going to issue a detainer on every person who got a drunk in public. Or disorderly conduct. This bill says that if immigration customs enforcement says yes, we're going to come get this person in 48 hoirs, that the sheriff has to hold a person for 48 hours. Now, there is, to be honest, everybody, there some people who don't like this bill because it could result in costs on the sheriff. Because if a sheriff holds a person 48 hours, then, the sheriff just paid for a person to stay 48 hours and I imagine there are some sheriff that's don't like that. So this bill would change the original bill, like Delegate marshal's bill, and it would say that if the federal government says they're coming to get that person, they have to hold the person for 48 hours.
Bill Howell
The question is on adoption of the committee substitute.
Dave Albo
Thank you. Mr. Speaker, in kansas a individual wanted by ice but not picked up or turned over from jail murdered four individuals in one town, and one individual in another town about 100 miles
[Unknown]
Gentleman has the floor. Away. This is simply a public safety measure, this has nothing to do with whether you think this immigration policy is too loose or too constrained. I just point out, conservative people, a lot of republicans have been cynical of this administration's policies but if this administration wants to detain somebody, I suggest to you they must have a good, and sufficient reason to do so. And unless you want to be writing letters to some of your constituents saying why you thought it was fine to let this individual go and we have more of these slayings, please for for this. This is a public safety measure, thank you.
Bill Howell
Shall the bill pass? Clerk will close the roll.
[Unknown]
Aye, 65, no, 31.
[Unknown]
The bill is passed.
[Unknown]
Senate bill 478 a bill to amend and reenact a section of the code of Virginia related to eminent domain with a substitute and there is a floor amendment, there are floor amendments offered by Delegate Habeeb .
Bill Howell
Gentleman from Salem, Mr. Habeeb.
Greg Habeeb
Mr. Speaker, I move adoption of the committee substitute.
Bill Howell
The question is on adoption of the committee substitute. Those in favor say aye. Opposed, the substitute is agreed to.
Greg Habeeb
There are two line amendments, I 'll move adoption of the line amendments.
[Unknown]
Clerk will report the floor amendment.
[Unknown]
Floor amendments offered by Delegate Habeeb, two amendments, amendment one, on line 18 after section 1-219.1 strike remainder of line 18 and through 33.2 on line 19. And then, insert the word "and", on the number two, is after line 34, insert number four, governed by section 25.1-245.1.
Bill Howell
Gentleman from Salem, Mr. Habeeb discussed his floor amendments.
Greg Habeeb
Yes, sir, Mr. Speaker. One of the line amendments is just clarifying and striking out language once we do the substitute didn't need to be in there. It made it clear and the other is sort of a belt and suspenders making it clear a provision 245 c doesn't apply in the new 245.1. I know nobody know what's that means but if they care, I 'll answer questions, other Wise, I move adoption of the line
[Unknown]
Question is on adoption of amendments. The floor amendments, those in favor say aye. Those opposed, no. Floor amendment is agreed to.
Greg Habeeb
Mr. Speaker, members of the body, there are existing code sections in narrow circumstances, certain costs in emmeant domain cases westbound shipped when the final written offer is less than a certain amendment relative to what the property owner gets. This leaves the status quo for all types of condemnation except for those governed by 33.2. Now, when v dot condemns property, the cost shift be will be more property owner friendly. The hope is that this will lead to greater respect for property rates and also, quicker resolution of the cases and less litigation and I move passage of Senate bill 478.
Bill Howell
Gentleman from Charlottesville, Mr. Toscano.
David Toscano
Thank you, Mr. Speaker, will the gentleman yield for a question?
[Unknown]
I yield.
David Toscano
Gentleman yields.
[Unknown]
I ask the gentleman since he rewrote this bill, is there a reason why his name is not on the patron's list at this point?
[Unknown]
I will tell the gentleman I have a policy not to co-patron any bill because when I do, someone rewrites the bill and I don't like when it happens. I didn't co-patron it is shall the bill pass? I.
[Unknown]
Thank the gentleman for the answer.
[Unknown]
Shall the bill pass?
Bill Howell
Clerk will close the roll.
[Unknown]
Aye, 90, no, five. The bill is passed.
[Unknown]
Mr. Speaker, returning to Page three of the printed calendar, Senate bill 449 moved to regular calendar, Senate bill 449 a bill to amend and reenact various section of the code of Virginia relating to the Virginia growth and opportunity act, reyated of the Virginia fwreej and opportunity growth and fund, establishment of regional council, reporting with a substitute.
Bill Howell
Gentleman from gentleman from Colonial Heights, Mr. Cox.
Kirk Cox
Mr. Speaker, I move adoption of the committee substitute.
[Unknown]
Those in favor say aye. Opposed, no. The committee substitute is agreed to.
Kirk Cox
Mr. Speaker, now is identical to hb 834 which we passed and sent to the governor this, is go Virginia concept, as you know, you have a state board that looks at state proposals and hopefully this will be a way to have more clarity to our economic development process and I hope it be the pleasure of the House to pass the bill.
[Unknown]
Shall the bill pass? Clerk will close the roll.
[Unknown]
Aye, 90, nos, seven. The bill is passed.
[Unknown]
Continuing on Page three, Senate bill 459 is a bill to amend the code of Virginia relating to the Virginia collaborative board with an amendment.
Bill Howell
Gentleman from Fairfax, Mr. Hugo.
Tim Hugo
Mr. Speaker, Senate bill 459 is the go Virginia part two, identical, similar to House bill 846 when passed here 93-5.
Bill Howell
Question is on adoption of the committee substitute. Those in favor say aye. Opposed, no. Substitute agreed to. Gentleman from Fairfax .
Tim Hugo
Mr. Speaker, I move passage of the bill.
Bill Howell
Shall the bill pass? Clerk will close the roll.
[Unknown]
Aye, 91, no. Six. The bill is passed.
[Unknown]
Continuing with the next category of bills, House bills with Senate amendments, Page six of the printed calendar. First up, House bill 525, a bill to require the standards of learning innovation committee to review and make recommendations on standardized tests in public high schools in the commonwealth. Passed the Senate with a substitute March 8th.
[Unknown]
Gentleman from Loudoun, I 'm actually from Fairfax, not Loudoun, but thank you. We spoke about the House bill 525 yesterday, and I indicated that the Senate substitute was just fine, that it is, but in the interest of gaining as many votes for this fine bill as Mr. Lemunyon. Possible, I have seen language that makes me look at the basis of a conference report so I 'm going to ask you to reject the Senate substitute so we can put the bill pack into conference and come back with something that is unanimous in consideration. I ask the body to reject the Senate substitute.
Bill Howell
I thank the gentleman from boutetot.
[Unknown]
Which one, Mr. Speaker?
[Unknown]
Didn't know there were three of you, did you?
[Unknown]
The question is adoption of the committee substitute.
Bill Howell
Those in favor say aye. Opposed, no. Shall the substitute be agreed to? Clerk will close the roll.
[Unknown]
Aye, 0, no, 97. Substitute is rejected.
[Unknown]
The other House bill with Senate amendments on the calendar, Page six, House bill 685, a bill to amend the code of Virginia relating to direct primary care agreements. Passed the Senate with a substitute March 9th.
Bill Howell
Gentleman from Augusta, Mr. Landes.
Steve Landes
Mr. Speaker, I 'm going to ask the House to agree to the Senate substitute, this is the bill that creates or defines direct care in the code of Virginia and sets forth conditions under which positions and patients can enter into those agreements. The Senate substitute clarified, based on stake holder requirements or requirements, request related to further defining that for third party payer fees, that basically defining that, and also, ladies and gentlemen of the House, Mr. Speaker, dealing with making sure the agreement, thrsing the agreement is that it is not health care insurance. That is always the intent of the bill. Mr. Speaker, I 'm going to ask we agree to the Senate substitute.
Bill Howell
The gentleman from Charlottesville, Mr. Toscano.
David Toscano
Thank you, Mr. Speaker, will the gentleman yield for a question?
[Unknown]
Gentleman yield?
David Toscano
Mr. Speaker, I 'd be glad to yield.
[Unknown]
Gentleman yields.
[Unknown]
Thank you, Mr. Speaker, I ask the question this, came roaring out of the House and looked like there is some opposition to the substitute in the Senate. Does this have anything to do with the affordable care act?
[Unknown]
Mr. Speaker, I 'd say to the gentleman, no. In fact what occurred in the Senate is that there was a Senate version. The Senate carried that legislation over we were able to further clarify for the senators the need to move forward on the legislation and importantly, address some concerns that were raised on the Senate side and in fact, the substitute before us is actually what the Senate patron was hoping to be able to offer, to have his legislation move forward and that did not occur. So in other words I just lucked out.
[Unknown]
I thank the gentleman.
Bill Howell
Shall the Senate substitute be agreed to? Clerk will close the roll.
[Unknown]
Aye, 87, no, eight. The Senate substitute is agreed to.
[Unknown]
Continuing with the calendar, next category, resolution uncontested calendar, one bill in the block. House joint resolution 425, designated June 27th as post traumatic stress injury awareness day, the bill reported to the committee on rules.
[Unknown]
Mr. Speaker, the joint resolution addresses on June 27th each year we recognize those who have been diagnosed with post traumatic stress disorder. This change that's to post traumatic stress injury awareness day in Virginia. I ask the resolution pass.
Bill Howell
Shall the resolution be adopted? The clerk will close the roll.
[Unknown]
Aye, 97, no, 0. The resolution is adopted.
[Unknown]
Continuing with the calendar, Page seven of the printed version, the memorial resolutions laid on the speaker's table be adopted bloc? Those in favor will please rise.
[Unknown]
Those resolutions are agreed to.
[Unknown]
Continuing with catder, commending resolutions laid on the speaker's table, to be adopted en bloc.
[Unknown]
Does any member wish to remove any resolution in the block? Those in favor say aye in favor will please say aye, opposed, no. The resolutions are agreed to.
[Unknown]
Continuing with the calendar, House bills with recommendations by the governor, Page eight, House bill 605, an act to amend and reenact section of the code of Virginia related to restitution, revocation. Governor's resolution is available online.
Bill Howell
Gentleman from Albemarle, Mr. Bell.
Rob Bell
Mr. Speaker, is it necessary to sever these? If I wish to take action on them? Mr. Speaker, this is trying to get restitution which is the amount a defendant must pay. We have a more ambitious bill in cim-sub. And what is left was the bill before us, saying you would have an additional length of time to file and show cause to try to get money for the crime victim. We said five years, the governor said three. I have no objection to that. I'm going to ask you to accept the first recommendation. Mr. Speaker, should I stop at this point and do that?
[Unknown]
The question for you is we severing 1, 2, 3 or 1, 2, 3 together? How are they severed?
Rob Bell
Severed 1 and 2. If someone else wishes to further? Okay. Good.
[Unknown]
And I would ask us accept the governor's recommendation number one.
Bill Howell
Shall the governor's recommendation number one be agreed to? Clerk will close the roll.
[Unknown]
Aye, 96, no, 0. Recommendation is agreed to.
[Unknown]
Mr. Speaker, members of the House, recommendation has two parts, first a reenactment clause and I ask you to reject them both. They don't need the bill and if they don't have a reenactment clause, second would be the crime commission, this becomes a mandatory study. I love the idea above I 'm not sure it's the most important for study. So I 'm going to ask you to reject the second recommendation.
[Unknown]
Mr. Speaker?
Bill Howell
Gentleman from Charlottesville. Rise for the purpose of a request. I ask 2 and 3 be severed.
[Unknown]
Okay.
Bill Howell
Gentleman from Albemarle .
[Unknown]
Then, I ask we reject resolution number two.
[Unknown]
Will the gentleman yield for a question?
[Unknown]
Gentleman yield?
[Unknown]
I yield, thank you, sir.
[Unknown]
I understand he's had a number of conversation was the governor's office on this bill. Was it not the sense of the governor's office that maybe before we made changes, that it might be good to take a year to take a look at it? That is why the reenactment clause is there?
[Unknown]
I would say to the gentleman we have polite conversation was the governor's office, they'd like to take this up in a holistic way, and there might be a trench of victims who are not compensated. This is something I thought we can proceed with this year.
[Unknown]
Mr. Speaker, will the gentleman yield for another question?
[Unknown]
Yes, sir, I yield.
[Unknown]
In discussions with the governor there were discussions about the possibility that the crime commission taking this up and taking a look at it. I wasn't sure what the gentleman was saying about whether he believes and would advocate for the notion the crime commission ought to look at this policy over the next year to see if it made sense.
[Unknown]
Yes. The difference would be if we pass the recommendation it would be a required study while I think it's very, very important and stud be studied I think there is a bunch of people in this room who have their special study to take a look at it. So we'll decide if it merits the staff.
[Unknown]
I thank the gentleman. Speaking to amendment two.
Bill Howell
Gentleman has the floor.
[Unknown]
Thank you, Mr. Speaker, I hope you'll support the governor's recommendation in number two, there is some issues with recommendation number three related to a study, but we don't go into those now. I think that the rationale behind this is that you're making some changes and they do have some pretty big consequences. That is why the crime commission should probably take a look at this. And rather than move past a bill and then have to come back and say oops, we made a mistake, it would probably make sense to take a look at it in a year, that is why I think the governor put his recommendation in there. So I ask you to support the governor's recommendation on the reenactment clause.
Bill Howell
Shall the governor's recommendation number two be agreed to? Clerk will close the roll.
[Unknown]
Aye, 32, no, 65.
[Unknown]
The recommendation is now agreed to.
[Unknown]
Mr. Speaker? Parliamentary inquiry.
[Unknown]
Given that the rules are such to turn the bill into a study is that amendment properly before us?
[Unknown]
I agree with the gentleman and say we cannot create a study after this day. I'm going to say that I 'm going to rule that the amendment number three is out of order and not properly before us.
[Unknown]
Turning to Page nine of the printed calendar, House bill 766 taken by for the day. Next category, Senate bill with recommendation by the governor, Senate bill 670 an act to amend and reenact a section of the code of Virginia related to bank franchise tax. Bill passed the House February 24th. Governor's recommendation is available and before the body.
Bill Howell
Gentleman from powahatan, Mr. Ware.
[Unknown]
Thank you, Mr. Speaker, I wanted to explain the bill first. Senate bill 670 is identical to my House bill 1224, puts a cap on the bank franchise tax at $18 million a year. The original bill had a triggered provision to raise the cap in certain targets. The governor added a second trigger, adding a 3% increase to the cap, commencing two years after the trigger of $20 million is hit. The stake holders find these amendments acceptable. I know the Senator does also and I would move that we accept the governor's amendment.
[Unknown]
Shall the governor's recommendations be agreed to? Clerk will close the roll.
[Unknown]
Aye, 91, no, four. The governor's recommendations are agreed to.
[Unknown]
Mr. Speaker, Page nine going forward lists a variety of conference reports. We have approximately eight conference reports presently submitted. Accordingly, on Page first up, Page ten of today's printed calendar, Page ten a conference report for House bill 332, patroned by Delegate Miller to amend and reenact section of the code of Virginia related to concealed handgun permits, judges.
Bill Howell
Gentleman from mannases, Mr. Miller.
Jackson Miller
Thank you, Mr. Speaker. The conference report has gone back to the original version filed beginning of session which allows judges and justices to not have to go through a process of obtaining the permit and adds justices where we only had judges and I move we accept the conference.
[Unknown]
Shall the conference report be adopted?
Jackson Miller
Mr. Speaker?
Bill Howell
Gentleman from rock ridge, Mr. Cline.
Ben Cline
I just wanted to make the body aware of this, I did not sign the conference report simply because while the original bill, which the conference report as currently arranged would allow judges to travel freely, the way amended in the House is that concealed carry permit was allowed by judges but allowed to travel freely. There was concern that House version was preferable because it did not give a special treatment to a certain group, being judges and retired judges. I would like the body to know why I did not select the report. Thank you.
Bill Howell
Gentleman from Charlottesville, Mr. Toscano.
David Toscano
Mr. Speaker, parliamentary inquiry.
Bill Howell
Gate -- gentleman May state it.
David Toscano
I just want to make sure I 'm seeing this on my computer. Thank you. Is 332 on the system? Okay. Thank you. I guess other people answered the parliamentary inquiry for me. That is a yes.
Bill Howell
Your computer is on, right? Shall the conference report be adopted? Clerk will close the roll.
[Unknown]
Aye, 69, no, 28.
[Unknown]
The conference report is adopted.
[Unknown]
Turning to Page 14, conference reports received for House bill 1331, patroned by Delegate Bloxom related to withholding of income taxes.
Bill Howell
Gentleman from Accomack, Bloxom .
[Unknown]
I move we pass the bill.
[Unknown]
Shall the conference report be adopted?
[Unknown]
Cloeshg will close the roll.
[Unknown]
Aye, 96, no, 0. Conference report is adopted.
[Unknown]
Continuing on Page 14, conference report is received for House joint resolution 97, offered by Delegate Yancey, directing the joint commission on technology and science to study aspects of the commonwealth aerospace industry report.
Bill Howell
Gentleman from Newport News, Mr. Yancey.
David Yancey
Thank you, Mr. Speaker, Mr. Speaker, members of the House, the House and Senate agreed to the resolution requesting due language for Virginia economic development partnership to develop a report recommending economic development strategies and participate with the study and produce a report for a blueprint for the growth of Virginia aviation and aviation aerospace industry.
[Unknown]
Shall the conference report be adopted?
David Yancey
Clerk will close the roll.
[Unknown]
Aye, 96, no, 0.
[Unknown]
Looking ahead to Page 15, conference report has been received under the category of Senate bills, joint resolutions in conference, Page 15, conference report for bill 120 is a bill to amend and reenact section of the code of Virginia related to stopping school buses, mailing conferences before the body.
Bill Howell
Gentleman from Loudoun, Mr. Larock.
Dave LaRock
Thank you, Mr. Speaker, it is similar to House bill 168. We've agreed that the Senate version provides a more comprehensive approach to delivery of the summons and for that reason, I move that we pass this.
[Unknown]
Mr. Speaker?
Dave LaRock
Gentleman from Shenandoah, Mr. Gilbert.
Todd Gilbert
Will the gentleman yield for a question?
[Unknown]
Will the gentleman yield?
Todd Gilbert
Will the question yield?
[Unknown]
I will.
[Unknown]
Gentleman yields.
[Unknown]
Sorry.
[Unknown]
Could the gentleman describe with a the Senate version does?
[Unknown]
Senate version does basically the same thing, however, provides that in the case of a mailing of the, sorry. I'm missing a word here, the summons that the summons be delivered in person if the not show up or -- dispute the --
[Unknown]
Mr. Speaker? Can that bill go by temporarily?
[Unknown]
Without objection, Senate bill 125, by temporarily.
[Unknown]
Thank you. Proper, if the responding does
[Unknown]
Mr. Speaker, continuing on Page 15, of the printed calendar, conference report has been received for Senate bill 230. A bill to amend several section of the code of Virginia related to withholding of income taxes related penalty.
Bill Howell
Gentleman from Accomack, Mr. Bloxom.
Rob Bloxom
Thank you, Mr. Speaker, it is the same as House bill 231 and I move we pass the bill.
Bill Howell
Shall the conference report be adopted? Clerk will close the roll.
Rob Bloxom
Aye, 95, no, 0. The conference report is adopted.
[Unknown]
And Page 17, Page 17, a conference report has been received Senate bill 544, Senate bill is a bill to amend and reenact section of the code of Virginia related to concealed add permit.
[Unknown]
Thank you, Mr. Speaker, I move that we accept the conference.
Bill Howell
Shall the conference report be adopted? Clerk will close the roll.
[Unknown]
Aye, 70, no, 26. The conference report is adopted.
[Unknown]
Turning ahead.
[Unknown]
Mr. Speaker?
Bill Howell
Gentleman from Shenandoah, Mr. Gilbert?
Todd Gilbert
Gentleman has the floor.
[Unknown]
I move Senate bill 120 on Page 15 for the printed calendar go by for the day.
Todd Gilbert
Without objection, by for the day. Senate bill 120.
[Unknown]
Mr. Speaker, turning to Page 18 of the printed calendar, a conference report has been received for Senate joint resolution 58, a resolution continuing the joint subcommittee to formulate a planning effort to address for current flooding as the joint subcommittee on coastal flooding report.
Bill Howell
Gentleman from Virginia beach, Mr. Stolle.
Chris Stolle
Thank you, Mr. Speaker, it is identical to hj 84, a conference report passed this House 99-0, 2 days ago and I move we adopt the conference report.
Bill Howell
Shall the conference report be adopted? Clerk will close the roll.
Chris Stolle
Aye, 97, no, 0. The conference report is adopted.
[Unknown]
Remaining on Page 18, a received to study the commonwealth aerospace industry report.
Bill Howell
Gentleman from Newport News, Mr. Yancey.
David Yancey
Thank you, Mr. Speaker, members of the House, we just passed the same legislation as mine, I move passage of the conference report has been final bill.
Bill Howell
Shall the conference report be adopted? Clerk will close the roll. Ayes, 97, nos, 0. The conference report is adopted.
David Yancey
Mr. Speaker, there are no additional conference reports at the desk at this time. So that completes the calendar for now. >> The House will come to order. Members please take your seats. House will come to order, members please take your seats. We are back in the morning hour. And we're going to resume with House joint order 424. The clerk will report a resolution.
[Unknown]
House resolution number 242, nominating a person to be elected as a justice of the supreme court of Virginia resolved by the House of delegates that the following person is nominated to be elected as a justice of the supreme court of Virginia as follows. Steven r mccalla of Spotsylvania as a justice of the supreme court of Virginia for a term of 12 years commencing March 3, 2016.
[Unknown]
As many favor adoption -- gentleman from Fairfax, Mr. Sullivan.
Rip Sullivan
Speaking to the nomination.
Bill Howell
Gentleman has the floor.
Rip Sullivan
Thank you, Mr. Speaker. Mr. Speaker, and members of the House, a couple days ago I suggested to the body our selection process for the supreme court had gone badly off the rails. Today, I 'm concerned there are no rails. As far as we've been able to determine, ladies and gentlemen, no one has been elected to the Virginia supreme court without first applying for the job. Without submitting to an interview and hearing before the Senate courts committee. Without submitting to an interview before our courts committee that was more than a hastily arranged interview and without perhaps most importantly, without undergoing any vetting at all by the numerous statewide bar committees. In short, no one has ever been elected to the Virginia supreme court without an open and public process. Now, I understand, we understand, everyone understands, that this is the general assembly's call, we get to appoint supreme court justices but this body has never taken the position that we can, and should do it on our own, that we should pick a nominee out of thin air. In this case, judge mccullough acknowledged the first time he had an inkling he had a consideration for the nomination was just a couple days ago. This is a process problem. Let's compare how we got to where we are now, with the process and how that worked in the immediate time frame after justice mellet announced his retirement, last May, the governor announced this opening. He asked for input immediately from the statewide bar associations. Over the next two months, dozens of lawyers, dozens of lawyers from four statewide bar associations met with each of the 12 applicants for lengthy and in depth interviews and those groups made their nominations public. The governor took all of the public input he could, he received a bipartisan letter signed by our courts chairman and other members of the Fairfax delegation when gave an endorsement to the then-judge rousch. Then, there were more interviews by the governor's cabinet and the governor himself. The nominee herself made lots of calls.
[Unknown]
May I interrupt the gentleman just a moment? Does this have anything to do with the motion before us on the nomination of --
[Unknown]
It does, Mr. Speaker, yes, it does.
[Unknown]
Given us a lot of past history. I don't see how it relates to nomination.
[Unknown]
I'll get to current history. Speaking to the nomination.
[Unknown]
We're set to adjourn in a couple days, you know?
[Unknown]
Fair enough. The nominee sent out calling most of the general assembly leadership. Process for choosing that nominee lasted for months. Now, is this nominee qualified? Current nominee had a distinguished career and is surely qualified but has not been subjected to the process that every supreme court justice in the past has been subjected to and every supreme court justice in the future should be subjected to. And with all due respect to judge mccullough, and I am not suggesting it has anything to do with him, the way we got here today including and during that circus of the last couple days involving our former attorney, the way we got here today speaks volumes, members of the body and for all to see how this process devolveked into a purely political one. It became about elected anyone else, anyone other than the person that the governor had nominated. At all costs. And at the cost of the process this, is no way to pick a supreme court justice, our general assembly, commonwealth and court are diminished as a result, thank you, Mr. Speaker.
Bill Howell
Gentleman from Salem, Mr. Habeeb.
Greg Habeeb
Mr. Speaker, speaking to the nomination.
Bill Howell
Gentleman has the floor.
Greg Habeeb
Mr. Speaker, members of the body, I think all of us agree things we do owe in Richmond. There are different, important I have said and heard members of both sides of the aisle say probably the two most important things we do are pass a budget and elect judges. Judges are the level of which more citizens interact with our government than any other level of government. Judges make opinions and deliver orders and Mr. Speaker we have a flawed, imperfect process, if anyone observes how other states elect judges ours is actually pretty good. Every state someone complains about the way they do it. Every state wants to add politics or take them away so at the end of the day, whatever you want the system to be we have a system that has given us the best judiciary in the country. While the process is often times, flawed I 'm the first to admit that this process has been more frustrating than any and has become more divided and maybe gotten away from the true questions that this body is posed to ask. Mr. Speaker, I voted for former justice rousch when she came before this body, I was encouraged by her nomination and just happened to support her, but over my vote, this general assembly was unable to elect her. That nomination failed. And while I would have liked to have seen her got elected, she didn't. This body advanced another extremely qualified candidate for that judgeship. Again, I supported judge alston. He was a fantastic alternative, then, over my objections that nomination failed. So Mr. Speaker, it doesn't matter how it got here today. It doesn't matter who is to blame. There is a lot of blame to go around but today isn't the day for blame. Today is the day for us to do our job. We have a job to do, and today is that day. Mr. Speaker, yesterday, finally, finally, both sides of this body, both bodies in this building sat down and began doing our job the way we're supposed to do it. Yesterday, we interviewed a judge who is not unknown to us and he is not unknown to the statewide bar association, Mr. Speaker. We interviewed judge steve mccullough and I have to tell you, Mr. Speaker, anybody who says that meeting yesterday was rushed and put together and not representative of what this body can do wasn't paying attention, Mr. Speaker. It was respectful, substantive, bipartisan, thorough. Multiple members of both sides of the body asked real questions, and got real answers, and I have got to tell you, Mr. Speaker it was an honor to be a part of that meeting yesterday because I saw us doing our job. Mr. Speaker, judge mccullough showed himself to be an extraordinary candidate. His resume, he served the commonwealth over 19 years, on the court of appeals about five years now, he was a clerk on the supreme court for now deceased former chief justice leroy and he has been assistant attorney general and yesterday, after that substantive, thoughtful process he was brought. I was encouraged to hear the minority leader say this is a quote, good man. This is a humble man. Anyone who has questions about steven mccullough and didn't participate in that meeting yesterday and didn't ask those questions as host the opportunity to object today, Mr. Speaker. So, Mr. Speaker, here is where we are. Like it or not this is where we are. We have an opening on the supreme court of Virginia. We know how we got here and what the governor did, we know every step of the way along towards that today. It doesn't matter how we got there. I tell my kids every day. I don't know care why it happened. What are we going to do about it? We have an opening and we have a constitutional obligation to do a job. We don't advice on judicial nominations. We don't consent to what the executive does. We elect judges. We have a highly respected sitting court of appeals judge who has been unanimously certified. Let me clear the record up. This is not an unveted candidate. This gentleman went before every statewide bar association in 2011 and as a result, we, we both sides of this body, both bodies of this building elected him to the court of appeals in 2014. He put his name in for this seat. For the supreme court. And again, he was vetted by every statewide bar association that was out there. So, Mr. Speaker, to pretend like this is an unknown judge, unveted, unknown to us and just showed up is misleading and below the work that this body did yesterday in interviewing this job. Today is a day for us to do our job. Today, Mr. Speaker, is more than about judge mccullough. At the end of the day, we're voting on judge mccullough but that is not what this vote is about. This is vote about this institution and whether or not we can do our most fundamental job to elect judges. So, Mr. Speaker, any member of this body who sits and chooses not to cast a vote for a judge everybody knows is qualified, fully vetted, honorably served for almost 20 years and sat on the board bench, if you don't want to do your job, I 'm sure somebody else would be happy to do it for you, Mr. Speaker, I hope today, putting behind all that we've been through, all the drama, the messiness, it is a day for dealing with where we are. With that, said, Mr. Speaker, I thoroughly endorse and hope everybody here will support the nomination for judge steven mccullough.
Bill Howell
Gentleman from Charlottesville, m Toscano. You don't have to if you don't want to.
[Unknown]
Thank you, Mr. Speaker. Speaking to the nomination. Mr. Speaker, ladies and gentlemen of the body, this has been a flawed process from beginning to end. Gentleman from Salem and I agree on that. And the gentleman from Salem and I agree on how appropriate the hearing was for judge mccullough. The flawed process, some lies with the other side of the Hall. Some lies with us. And there is no good reason other than somebody didn't get a phone call, and of course, there has been a lot of drama over there on the other side, not the least of which was this partisan politics process being elevated to the theater of the absurd when someone finds qualified the attorney general, former attorney general ken Cuccinelli who wasn't consulted before they voted there. Now, that is absurd. I have talked about the process of rules, I am not going to raise any points of order today, because I know you don't want to hear it. But I want to point you for a couple more things this think about. First, take a look at that resolution. Almost every resolution we have passed here related to judges talks about nominations for the court. And in fact, if you look at the resolution involving jane roush it talked about nominations to the court. This resolution says a resolution. A. I would submit to you that that nomination already occurred when judge alston came before us. That was the nomination. A single nomination. Now, beyond that, remember, we have had a lot of back and forth whether this resolution is a separate and distinct resolution. It is not. So let's look at the rules. House rule one. House rule one says, and I quote, no nominee shall be offered to the House unres that nominee has been interviewed by the House courts of justice and subsequently certified as qualified for election. Answer, yes. Check off box 1. Next. When more than one nominee is offered for any judgeship, a member can then cast a vote for only one nominee. This is the resolution, my friends. You have already cast your vote for one nominee. That is one of the reasons why people over here will not be cast in a vote. Under the rules we can't cast a vote. Mr. Speaker, a number of us have struggled with this over the last 24 hours. If it is even been 24 hours, and the reason we've struggled with this is we want this spectacle to go away. We care about the integrity of this institution and we care about having a new justice on the supreme court. We've been working on that since last year. And we care about the Virginia way and trying to figure out a way to restore it. But, Mr. Speaker, ladies and gentlemen of the House, this is a terrible process, and just to say that with this vote today, we do our job, is not being fair to that process. Our job is not just about one vote. Our job is about a process. Our job is not just about that responsibility to cast that vote. It is a vote after a fair and open process. And more than just a 15-minute interview before House courts of it is a vote about a process justice. Where the public has an opportunity for more than 24 hours to look at a candidate's contributions and qualifications. It is a vote after the bar has looked at this person, vetted this person, for this job. Not for the court of appeals, not for the general district court, for this job. It is true, that judge ccolla was vetted. So just because someone says we have a responsibility to cast a vote today, does not make it so. We had a chance. We voted for justice rousch. I exercise my constitutional duty a couple weeks ago. When we voted for justice roush. I did my constitutional duty. I did my job. Don't anyone say we haven't done our job when we cast that vote. You see any red lights go up on that board for him? Unlike what happened here a week ago. That is not what we do in this body. But that doesn't mean that we will put up green lights because in our view, that is not an exercise of our constitutional duty, that is the violation of the rules. That is why I 'm in the going to vote for judge mccullough. Thank you, Mr. Speaker.
Bill Howell
As many favor adoption of the resolution will say aye. Opposed, no. Resolution is agreed to. Gentleman from Richmond city, Mr. Loupassi, you will inform the nomination of the Senate made by the House. The House will be at ease.
Manoli Loupassi
House will come to order. Members please take your seats. Sergeant at arms. >> Mr. Speaker, a message from the Senate .
[Unknown]
Senator Rockingham .
Manoli Loupassi
I have been directed by the president of the Senate to inform the House of delegates that hjr 424 a nomination has been made by the Senate for judicial office as listed in the attached papers.
[Unknown]
Thank you.
[Unknown]
Thank you.
[Unknown]
House will be at ease.
Bill Howell
Those in favor of the honorable steven r mccullough will vote yes on the electronic voting machine. Clerk will close the roll. Clerk has an announcement.
[Unknown]
Mr. Speaker, a committee on the House of delegates to count and report the vote of each House .
[Unknown]
The House will be at ease.
Bill Howell
House will come to order. The joints order under House joint resolution under 424 will be resumed. The.
[Unknown]
Report of the joint committee for a justice for the supreme court of Virginia for a term of 12 years, steven r mccullough received in the House 66 votes, in the Senate, 21 votes.
Bill Howell
The honorable steven r mccullough previously nominated, having received the number of votes cast is declared dually elected as a justice of the supreme court of Virginia for a term of 12 years commencing on March 3, 2016. That concludes the joint order purse unite to House joint resolution 424. We're back in the morning hour. Gentleman from Scott, Mr. Kilgore.
Terry Kilgore
Thank you, Mr. Speaker, the day has come that we have all been waiting for. Point of personal privilege.
Bill Howell
Gentleman has the floor.
Terry Kilgore
Mr. Speaker, ladies and gentlemen of the House I know there has been a lot of press about today and folks wondering. I was on entertainment tonight last night inviewing about the a list of candidates for today. You know, some of you are thinking like leonardo dicaprio, is this my year? Well, for a lot of freshman, new folks in the House, you did overperform, we did appreciate that. The sensitivity caucus is to, Mr. Speaker, as you know was formed when you were sitting back here in the back row and you know, and the sensitivity caucus's main goal is to see who gets up and talks on bills that are not their own, we keep track of that. And things of that nature, and, we -- we make sure that this is funny. We make sure that as we go through the process, that we watch for some of the mistakes, they throw me off my game, Mr. Speaker. But, we make sure that we noticed what is done. What you've down that you don't want other people to know about and we highlight it on the floor for others to know. So, Mr. Speaker, I along with the gentleman from back here, we have taken our votes. This year, we were very disappointed. Some of you under performed, I know that we lost Senator Surovell and joe Morrissey. You did not rise to the occasion. I mean, it's just, we're very disappointed. Very, very disappointed. But, Mr. Speaker, with that, we're going to go get a long with the show. You know, one of the first items that, first things you're told as a freshman, when you get that first bill, make sure that you vote for your own bill. And you know, well, you know we had a freshman here that did not get the memo. I don't know what happened. But the gentle lady from south learn don, she's from alabama, she missed her first vote here when voting for a bill. We had to give her an award for missing the first vote award. And I will have the pages, I will have -- the pages will deliver it to you. And the next one we have, Mr. Speaker is a individual who leaves a lot of things bee behind, especially when he goes to the rest room. A gentleman not only did he leave his phone in the rest room, he left his wallet in the rest room. So, Mr. Speaker, what we decided we'd do, we went to our local walmart and got him a chain for his wallet. We figured that would be the best thing. Delegate Webert, this is sho so you will not lose your wallet once again. Webert?
[Unknown]
Mr. Speaker, point of personal privilege. Mr. Speaker, we try to be equal opportunity when looking at these votes, republicans and democrats, Mr. Speaker, we look to leadership. Leadership in the House and make sure that we're watching what they're doing each year as well. And, Mr. Speaker, with all due respect, during one of the debates we were having where, and I 'm trying to recall, Mr. Speaker, we remember during a rendition of a pronouncement of a nascar driver, you used the term rather than america, merica. Which is just a shortened version of our abbreviation for our country's name, so Mr. Speaker, what we decided to do in recognition of your' merica comment, we'd provide you with the I love merica recognition award and the tony stewart collector's item nascar.
[Unknown]
Thank you.
[Unknown]
Mr. Speaker, we also note that all of our members love to support their own bills, but of course, the sensitivity caucus you have to work against your own bills so very few of you do that. But most of us do take advantage to support our legislation and to express that loudly. And vocally. The gentleman from Fairfax, one of the gentlemen from Fairfax has a tendency to do this on a regular basis, not only on his own bills but when, Mr. Speaker, you're a sking for the motion where an amendment or bill or substitute should be agreed to, obviously to a voice vote to affirmatively say we agree, there is one member you can count on that we can hear from the corner, the gentleman from Fairfax, Delegate Greason who uses his vocal chords to let us all know --
[Unknown]
Better believe it.
[Unknown]
That he is there and supporting those motions. We have a high volume field advocacy award for supporting his own bills very vocally, and a megaphone that says "shout" so we'll be able to remember, and maybe use the megaphone on the floor to make sure we can hear him.
[Unknown]
You better believe it. All right. Mr. Speaker, you're changing the order here on me. All right. Mr. Speaker, we also want to recognize one of our freshman, who actually with two awards, he'll be very happy. We want to recognize one of our freshmen, who basically, made the comment that from his standpoint, that he'd mentioned that latin and shakespeare confused him. We wanted to make sure we recognized that and we have for Delegate Levine, the gentleman from Alexandria a certificate for the latin and shakespeare confuses me award and a grown up floral coloring book, which has become popular, we thought he can enjoy. He can bring it back next session where we have short sessions where we're at ease, and Mr. Speaker, he also, we just had to recognize him twice because the gentleman --
[Unknown]
Point of order, Mr. Speaker.
[Unknown]
I just want them to suffer.
[Unknown]
Mr. Speaker, since we hadn't passed the ethics bill, is it proper to be distributing these gifts at this time?
[Unknown]
Mr. Speaker, we can assure you and members receiving these they're less than $25. They can be returned, oubusually did you do not wish to report them. Mr. Speaker, we have for the gentleman from Alexandria, we have a nice award he enthusiastically recognizes members of the gallery, and the governor coming into the chamber, and he does that loudly with his clap. So the gentleman is also getting the loud clapper award. And, all right, Mr. Speaker I 'm going to yield back to the gentleman from Scott .
[Unknown]
Mr. Speaker, ladies and gentlemen of the House we had the gentleman from Richmond talking about his exercise bill, wanting our kids to make sure they got exercise and physical education in the day while they're in school ande said in response and defense of his bill, he said in his shrill way "even jail birds get exercise" so we want to give him the award for even jail birds can exercise award. Mr. Speaker, also, the next one we have is the gentleman from Campbell, Delegate farriss made a point of privilege here one day, complimentary of the governor in a bill that went bad in his area, he was so complimentary that we thought that we should give the Delegate the bear hug award with his own bear. So that he can share this with the governor the next time that it is, so, you know, so if we can deliver that to Delegate farriss. And Mr. Speaker, we do have the next two awards we had two bills that reminded us that size matters here in the House. Because of, barry Knight had a bill that regulated the size of boats so we wanted barry to have his own rule year with his own boat. So then, Delegate marshal had a bill that size matters as it related to trucks. So we wanted Delegate marshal to have his own ruler with his truck. So, Mr. Speaker, we also you know, year in, year out, we have had the freshman of the year award. For 6 or 7 years, a freshman, it's been given out every year to the same individual. He's really stepped up. But, I would say that this year he'd been replaced, Mr. Speaker. I know it hurts the gentleman from Salem and you can't put this on the brochure anymore, it's going to be a problem in some of your districts. But, Mr. Speaker we had a gentleman this year that really stepped up his game. And became the freshman of the year. That is none other than our own alfonzo Lopez .
Bill Howell
We appreciate your efforts, we know that you try hard and you got a round of applause when you got your bill passed this year. And Mr. Speaker, we did have to give the gentleman from Salem the sophomore of the year award because we didn't want him to feel left out. Mr. Speaker, I 'm going to turn it back over to my colleague.
[Unknown]
Okay.
[Unknown]
Mr. Speaker, the gentleman from Scott wants me to do this one because he's not sure he can do this one. Because of the pronunciation. Mr. Speaker, as you know, it is very difficult being able to pronounce the names of all 100 members of this body, and, Mr. Speaker, you do an excellent job, by the way. But there are sometimes when the rest of us have difficulty remembering members' names. For those of you here for the first term, it is very difficult to remember your names, where you're from, why you're here. But, but, we do try to pronounce our colleagues' names correctly. As you recall, there are many members that still refer to me as Delegate landies. It's Landes. But having said that, I understand how difficult it is and importantly, if you're in that situation as I have been in the past, people mispronounce your name. So we do have an award for please pronounce my name right award, for Delegate Krizek. As this is phoenetically spelled. We want to make sure he had something to remind all of us, something he can use in both the floor and committee in the future. So, oh. Mr. Speaker, we have a very, very special award this year. And because the gentleman going to receive this award is sitting beside my, we believe it would be appropriate for me to do this so I can move quickly if he decides he does not want to receive this award. Probably faster than the gentleman from Scott. Mr. Speaker, we do a pop up award which we're going to do shortly as the gentleman from Scott said, we watch, we pick teams, there are three members of the democrats and republicans that we look at. We create teams, the gentleman from Albemarle, and gentleman from from Shenandoah and the gentleman from Scott and I pick those teams and try to keep track when Delegate Hugo is keeping score for us. Then, we award that person the pop up. Well, that is not what this is. This is a special pop up award, Mr. Speaker, I don't believe in your recollection we probably have ever done this, but, now, we're probably talking to the minority leader about doing this for his caucus. But because we wanted to do a pop up award for the caucus meetings that we have, we decided that we wanted to honor one of our own. And as a committee chairman, I can tell you we're expected to get up in caucus and explain things and the gentleman from Prince William, Delegate linga felter does that admirably. And he not only does that on committees that he serves but on many, many, many, many, many, issues and in fact, Mr. Speaker, other than one day when he was late or not in caucus, he spoke in caucus every single day. So, the gentleman from Prince William is receiving the first ever, Mr. Speaker, inside caucus pop up award for the first time, it's my pleasure to present this special award to the gentleman from Prince William. And Mr. Speaker, now we come to more special awards. And you know, this just happened the other day. I don't know how many of you remembered it. We had a tax we were all given a tax lecture here on how to fix out our taxes and everything. And little did I know, I got a call the other night while I was on my cell phone. I didn't know what it was from, but it was h & r block asking me if they knew the gentle lady. They wanted to give her a h & r top marginal speech for her award. They said the speech went on so long that chris Jones about his 1040 long form while she was up. So I don't know. But this one goes to Delegate vivienne Watts .
[Unknown]
Mr. Speaker, the next one is special. Because a lot of us didn't realize you were so, I didn't, I have been here almost 23 years. I didn't recognize you're supposed to get your own glamour shots here made on the floor. Little did I know, one of the persons next to me, the junior Delegate from Washington has been getting glamour shots. So we thought we'd give him, and here is the glamour shot, Mr. Speaker. I now yall like the glamour shot. So we gave him the "I 'm too sexy for this chamber" award. Mr. Speaker, we're getting close to the next award. We had a true hero in our midst this year. You know, someone who tried to help, you know, step into a situation and try to help someone who was injured, on the side of the road, however, when he did that, he lost his, he got his eye patch stolen, lost his wallet. Things of that nature, we thought if we can get him crime tape and a badge it might not go as bad next time. So Delegate Freitas .
[Unknown]
Mr. Speaker? As you know I mentioned the pop up award, Mr. Speaker, and the gentleman from Scott mentioned how we come up with the process, we actually don't know the total. Because we lost our tally sheet early on. Early on in the process. But, we know and we're -- we know full well, that this member hands down on either side of the aisle this year won the pop up award. That is to remind new members the fact is that you get up not on your bill, not something you're involved in from the standpoint to be a budget amendment or something like that, or know anything about. For some of us. But that it that you get up on other measures, other individuals' members members or topics. And this year, the gentle woman from Fairfax, Delegate vivienne Watts receives a pop up award and we're just sorry we cannot give you the tally but you won hands down across any other member. And, Mr. Speaker, finally, we normally do not involve the other body in our awards, but we had such a great, such great action on the other end of the Hall and things happen. And you know, some of us read about it in the Washington post and there is a lot of chatter around about what went on down in the Senate chambers but you know they have a, they have issues and heated discussions back and forth. You know, usually, we don't do this, but this year, we decided to come up with a miss congeniality award and the jc penny spokeswoman of the year award. We figured she'd want a copy of a little boy's Suit department with a pink a shirt as I can find, Mr. Speaker. And this would go to Senator louise Lucas, Mr. Speaker. I'm not going to take it down there, Mr. Speaker. And you know the House won the basketball game this year. And as Delegate Greason advised us and talked to us about it, we know he took their trophy. So we found the second place trophy we'd like to give Delegate Greason. So, tag, if you can give this to the Senate along with their certificate? Good. Good. While you're on your way... But Mr. Speaker, I 'm going to yield back. And you know we have had a great year and I hope you have enjoyed this. I'm going to yield back to Delegate lingmafelter.
[Unknown]
Mr. Speaker, we just want to thank the members for great material to work with. Thank you for your pop ups. But, Mr. Speaker we especially want to thank the gentleman from Prince William forgiving us a new idea for a new award and Delegate Toscano we will be coming to you next year and try to make this a bipartisan effort as we always do with the sensitivity caucus and Mr. Speaker, we just thank you, and the members.
[Unknown]
I guess we thank the gentleman. Are there, does the clerk have announcements?
[Unknown]
Just one announcement. At 1:30 today the budget briefings on the conference report for House members will be conducted by House appropriation committee members and staff at 1:30 in the extension here in the capital.
Bill Howell
Gentleman from Colonial Heights, Mr. Cox.
Kirk Cox
Mr. Speaker, I move the House stand in recess until 4:00. As many in favor of that motion will say aye, opposed, no. Gentleman from -- House stands in recess until 4:00 p.M. 02:15:35.665 --> 02:16:02.57 >>> The House will come to order. This is not my doing.
Bill Howell
House will come to order. >> Communications from the Senate. The Senate has rejected the House amendments to Senate bills 578 and Senate bill 579.
Kirk Cox
I move the House insist on the amendments and request the committee of conference on the previously reported legislation.
[Unknown]
Those opposed to say aye? That motion is agreed to.
[Unknown]
The Senate has insisted on it's amendments for House bills 846-1344 and 1362.
[Unknown]
Mr. Cox?
[Unknown]
I move the House exceed the request for a committee of conference on the previously reported legislation.
[Unknown]
Opposed to say nay? That motion is afreed to.
[Unknown]
House bill 846, the speaker appoints delegates hue go James for 846, speaker appoints Hugo, Jones and James. House bill 1343, the speaker appoints Jones, Cox and Torian. 1343, the House speaker appoints Jones, Cox and Torian. For House bill 1362, the speaker appoints delegates Gilbert, Minchew and McClellan. For 1362, Gilbert and Minchew and McClellan. Peace, Hodges and Bulova. For 237, speaker appoints delegates Peace, hones and Bulova. For 692, the speaker appoints delegates Gilbert, Minchew and mcclelen. 692, Gilbert and Minchew and mclelen. And for 784, Bell, Byron and Spruill. For 748, Bell Byron and Spruill .
[Unknown]
The clerk will begin with supplemental calendar number one.
[Unknown]
For today, Thursday, March 10th, 2016, Page 1 of the printed supplemental calendar, resolutions regular calendar. 188 confirming appointment by the Senate committee on rules resolution is reported to the committee on rules.
Bill Howell
The gentleman from August -to, Mr. Lan dis.
Steve Landes
Thank you. Senate resolution 188 is simply confirming appointments by the Senate rules committee that is very similar to resolution we adopted by related to the appointments by the speaker. I hope the House will pass the resolution.
[Unknown]
The resolution is being adopted.
Steve Landes
Clerk will close the roll.
[Unknown]
92 no zero.
[Unknown]
Resolution is dropped.
[Unknown]
Mr. Speaker, continuing with the calendar, memorial resolutions laid on the speaker's table, the memorial resolutions to be adopted and block supplemental calendar number one are listed on pages 1 through 3.
[Unknown]
Does any member desire to remove a resolution from the block? Hearing not all of those in favor I will block the memorial resolutions laid on the speaker's table listed on pages 1 through 3 will please rise.
[Unknown]
Resolutions are agreed to.
[Unknown]
Continuing with number 1 the commending resolutions to be adopted and blocked are listed on pages 3 through 6 of the supplemental calendar.
[Unknown]
Does any member wish to remove a resolution from the block? Hearing none, all of those in favor of adopting the commending resolutions as listed on pages 3 through 6 of the calendar will say aye.
[Unknown]
Aye.
[Unknown]
All of those 0 opposed say nay? The resolutions are agreed to.
[Unknown]
Hey, jeff. >returning to today's first calendar, we'll be doing conference reports that are referenced back on the first calendar. So first up, report has been received on Page 13 of today's original calendar, Page 13. Conference board receives for House bill 895, House bill 895 is a bill to amend and re-enact various sections of code relating to the board of education high school graduation requirements.
[Unknown]
Mr. Speaker, ladies and gentlemen, this is the high school redesign bill to just to remind you where this was, we had a couple of amendments on the bill when it went back and forth from the House and Senate. One of the amendments said that the board of education -- excuse me, the -- the standards of learning innovation committee would create a report and that report would be sent to the general assembly as to what was happening in the high school redesign. One of the members had a good idea about getting a little more oversight about how we might look at the redesign. So the report in front of you has a series of public input meetings, input on the website, to see what the comments and the recommendations on high school redesign will look like and that a report back to us before we take action on anything in the 2017 session. I think it's a great compromise. I want to think the Delegate for his work on the conference report. I would like to move that the conference report pass.
Bill Howell
Shall the conference report be adopted? The clerk will close the roll.
[Unknown]
Ayes 90, noes, 3.
[Unknown]
The conference report is adopted.
[Unknown]
Turning ahead on today's original calendar to Page 14, conference report is received for House bill 1255. House bill 1255. It's a bill to amend and re-enact second of the code Virginia relating to the bbu authority.
Bill Howell
Gentleman from Washington .
[Unknown]
Thank you. After technical changes, the bill is now identical to House bill 1255 in which we made further improvements, I move that we adopt the congress report.
[Unknown]
Shall the congress report be adopted? Clerk will close the role.
[Unknown]
Ayes, 91. Noes, 0.
[Unknown]
Conference report is
[Unknown]
Remaining on Page 14 of adopted. Today's original calendar, conference report has been received for House joint resolution 112 by Delegate landis. The studies of future of public elementary and secondary education in the commonwealth. The report is before the body.
[Unknown]
Mr. Landis.
[Unknown]
Thank you. Resolution 112 was the creation of the joint subcommittee of the House committee on education, the health committee, the only difference now is we have gotten a proportional representation correct with one additional House member. There was one additional change. The Senate requested related to which individuals could come from the Senate and we've adjusted that as per their request. Mr. Speaker, I 'm gonna ask that the House and move that it agree to resolution 112 conference report.
Bill Howell
Shall the conference report be adopted? Clerk will close the roll.
[Unknown]
Ayes 93, knows 0.
[Unknown]
The conference report is adopted.
[Unknown]
Turning ahead to Page 15, today's original calendar conference report is received for Senate bill 253. Senate it's a bill to meald and rehe act a section of the code of Virginia related to confidentiality and victims of certain crimes.
[Unknown]
Mr. Yancey.
[Unknown]
Thank you. Senate bill 253 is similar to my bill, House bill 373. The language that we have agreed would bring the members attention to pair you are grau e and what this seeks to do with the which, this would make certain that the human trafficking victim gets the same protection where there's noninactive prosecution. I move that we agree to the committee report.
[Unknown]
Shall the conference report be adopted?
Bill Howell
Clerk will close the roll.
[Unknown]
Ayes 93, noes, zero.
[Unknown]
The conference report is adopted.
[Unknown]
Turning ahead to Page 16 of the original calendar, Page 16 has been receive the error Senate bill 329. Bill to amend and re-enact various sections of the code of Virginia repeal one other relating to the bbu authority emergency.
Bill Howell
The gentleman from
[Unknown]
Thank you. Washington. Senate bill 329 is identical to 1255 which we just passed. I move that we accept the conference report.
Bill Howell
Shall the conference report be adopted? Clerk will close the roll.
[Unknown]
Ayes 93, noes 0.
[Unknown]
The conference report is adopted. Continuing on Page 16 of today's original calendar, congress report is received for Senate bill 336. Senate bill 336, a bill to amend and reenact various sections of the code relating to the board of education high school graduation requirements comes before the body.
[Unknown]
Mr. Greason.
[Unknown]
This is identical to the bill that I just presented House bill 895. I move that we adopt the conference report.
Bill Howell
Shall the conference report be adopted? Clerk will close the roll.
[Unknown]
Ayes 91, noes, 2.
[Unknown]
The conference report is adopted.
[Unknown]
Mr. Speaker, turning forward to Page 18, Page 18. Conference report is received for Senate joint resolution 85. Establishing a joint committee of the Senate committee on education and health and the House committee on education for the future of elementary and secondary education in the commonwealth report. The conference report is before the body.
[Unknown]
Mr. Landis.
[Unknown]
Thank you. Senate joint resolution 85, the conference committee report is identical to 112, conference report that I just explained. So Mr. Speaker, I move the adoption of the conference report.
Bill Howell
Shall the conference report be adopted? Clerk will close the roll.
[Unknown]
Ayes, 93. Noes 0.
[Unknown]
The conference report is adopted. Page 13, Page 13 of today's original calendar and conference report has been received for House bill 1228 by Delegate Miller. This is a bill amend and re-enact several actions of the code related to organizations. The conference report is before the body.
[Unknown]
Mr. Miller.
[Unknown]
Thank you, Mr. Speaker. What we have in the conference report here is a lot of technical amendments that were taken care of that a we worked out. The ones that are not technical, one is requires that only 18-year-olds and older can be in sanctions in events, that means no juveniles doing mma and then there is an emergency clause that we put on this bill and I would like to explain that. And I would be happy to answer questions on that. We had a bill last year depore believed the way they read the legislation said that amateur boxing had to be sanctioned. And what that did is it put a very precarious situation for a lot of the amateur boxing leagues that are -- that a lot of you young kids train in and they train for the junior olympics. Many of these kids go onto the real olympics and georgia has had great history in producing a lot of talented young boxers. They are having a large amateur tournament in June, and if we don't have the emergency clause and pass this now, they will have to cancel that tournament and all of these kids, many of whom do not have a lot of access to money and wealth will have to go to maryland or d.C. To participate in these tournaments. Right. No. We do not want to lose these fighters to another state. They are very talented young men. So I would ask that we approve and pass the conference report.
Bill Howell
This is for the children. Shall the conference report be adopted? Clerk will close the roll.
[Unknown]
Ayes, 81. Noes 10.
[Unknown]
The conference report is adopted .
[Unknown]
House will be at ease. [ no audio ] I would say to the gentleman, no. And then I further say to the gentleman, I 've explained there a couple of times.
[Unknown]
Mr. Speaker, parliamentary inquire.
[Unknown]
You anyway state it.
[Unknown]
Is it not a fact, Mr. Speaker, in frefrs motions I 've made, points of order, I 've mefr mentioned House joint resolution 37, but instead have focused on the House rules.
[Unknown]
I think the answer is that the joint resolution 37 dealt with the regular election of judges that we do at the beginning of the session and towards the end of a session and we do this on a regular basis and the reason it takes a two-thirds motion is because of the order that we have, we've raised the ordinary chain of events of going through the ordinary business of the House. This doesn't mean we can't have another order to elect jz at another time. There's nothing in the constitution of Virginia and nothing in our rules that precludes that.
[Unknown]
Mr. Speaker, May I -- point of order. Point of order.
[Unknown]
You know, we've kind of talked about it a lot, david, and I 'm not sure --
[Unknown]
But I don't believe you're ruling on fly point of order. You're ruling on the two-thirds question and I don't think you're ruling on this order and I 'd like to have the clerks take a look at rule 19 and determine whether we are outside the dates, not whether we have to have a two-thirds majority. This is a different argument.
[Unknown]
David... [ no audio ] the gentlemen from Richmond city, in Loupassi .
[Unknown]
Mr. Speaker, move the adoption of the resolution.
[Unknown]
As many as favor that motion will say aye.
[Unknown]
I'm sorry, it's got to be [ ayes expressed ] recorded. Shall the resolution be agreed to. The clerk will close the role.
[Unknown]
Ayes 71, nos 18.
Bill Howell
Ayes 71, nos 18. The resolution is agreed to. The gentleman from Richmond city, in Loupassi will advise the Senate of our actions. The House will be at ease.
[Unknown]
Mr. Speaker.
Bill Howell
The gentleman from clonet heights, Mr. Cox.
[Unknown]
I would move the House stand in recess until 5:10.
Bill Howell
The gentleman from Colonial Heights, Mr. Cox, moves the House stand in reese until 5:10. As many as favor the motion will say aye. [ ayes expressed ] those opposed, no. The motion is agreed tos. House nz stands in recess until 5:10.
Kirk Cox
Immediately upon the recess, House republican caucus will meet in House room one. A cup of communications down, and when we get those, we move right back in and do business. The House will be at ease.
Bill Howell
Speaker: the House will cop cop -- cop cop to order. We're waiting on Senate to send [ gavel ] >> Speaker: House will come to order. Members, please take your seats. Clerk has communications from the Senate .
Kirk Cox
Clerk: communication from Senate, the Senate has rejected the House amendments to Senate bill 459 and Senate bill 478.
Bill Howell
Speaker: gentlemen from cornell heights, Mr. Cox.
[Unknown]
I move the House insist on its amendments and request a committee of conference as many as favor that motion will say aye; those opposed, no.
Bill Howell
Speaker: that motion is agreed to.
[Unknown]
Clerk: the Senate has insisted on its amendment, on House bill 525.
[Unknown]
I move the House accede to the request for committee of conference on the previously reported legislation him.
Bill Howell
Speaker: as many as favor that motion will say aye; those opposed, no.
Bill Howell
Speaker: that motion is agreed to. The House will be at ease. To order. Members, take your seats. The clerk has certain announcements.
[Unknown]
Clerk: House conferees for House bill 525, delegates LeMunyon, Greason and Bulova. House bill 525, the speaker appoints delegates LeMunyon, Greason, and Bulova. For Senate bill 459, speaker appoints delegates Hugo, Jones and James. For Senate bill 459, Hugo, Jones, and James. For Senate bill 478, the speaker appoints on behalf of the House delegates Habeeb, Minchew and crease I can. For Senate bill 578, Hugo, Albo and keen. 578, delegates Hugo, Albo and keen. For bill 579, delegates Hugo, Albo and keen. Senate bill 579, Hugo, Albo and keen. Looking ahead to schedule, all caucus meetings tomorrow are canceled safe for the daycare process at 9:30 a.M. In House room 2. Republican at 9:30 a.M. In -- 9:30 a.M. In House room 1.
[Unknown]
Clerk: both the caucuses will be meeting at 930. Those are the announcements that I have.
Bill Howell
Speaker: the gentleman from clone I can't go heights, Mr. Cox.
[Unknown]
Mr. Cox: I move that when the House ajournal it adjourn to reconvene tomorrow at 10:00 a.M.
Bill Howell
Speaker: as many as favor that motion will say aye. Those opposed, no. That motion the agreed to. The gentleman from Colonial Heights, Mr. Cox.
Kirk Cox
I move the House do now adjourn.
Bill Howell
Speaker: the.
Kirk Cox
From Colonial Heights does move the House new adjourn. As many as favor that motion will say aye; those opposed, no. That most is agreed to. The House stands adjourned till 10:00 a.M. Tomorrow.
[Unknown]
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