01/11/2017 House Proceedings

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Minutes

Called to order at by William J. Howell, Speaker

Mace placed on Speaker's table by Sergeant at Arms

Prayer offered by The Reverend L. Jack Howell, Pastor, Trinity Presbyterian Church, Norfolk

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

National Anthem performed by the Richmond Symphony Chorus

Communications from State Department of Elections

Delegate-elect Holcomb sworn in

Attendance roll call - Quorum present

Bills and resolutions prefiled, ordered printed, and referred pursuant to Section 30-19.3 of the Code of Virginia

Resolutions prefiled and laid on the Speaker's table pursuant to Section 30-19.3 of the Code of Virginia

Bills and resolutions presented, ordered printed, and referred pursuant to House Rule 37

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

HJR 717 (Notifying Governor of organization) offered by Delegate Cox and agreed to

Message from Senate: Senate duly organized and ready to proceed to business

Message from Senate: HJR 717 agreed to

CALENDAR

RESOLUTIONS
HJR 555 - Agreed to (Y-99 N-0)
HJR 556 - Agreed to (Y-99 N-0)

Message from Senate: HJRs 555 and 556 agreed to

HR 287 (Salaries, contingent and incidental expenses) offered by Delegate Jones and agreed to (Y-98 N-0)

HJR 684 taken up and agreed to

Motion by Delegate Lingamfelter to adjourn in honor and memory of the Honorable Charles J. Colgan agreed to

COMMITTEE ASSIGNMENTS AND CHANGES

Aird, Lashrecse D. - removed from the Committee on Finance and appointed to the Committee on Appropriations

Collins, Christopher E. - appointed to the Committee on Transportation

Hayes, C.E. Cliff, Jr. - appointed to the Committees on Counties, Cities and Towns and Health, Welfare and Institutions

Heretick, Stephen E. - appointed to the Committee on Finance

Holcomb, N.D. "Rocky" III - appointed to the Committees on Finance and Counties, Cities and Towns

Lindsey, Joseph C. - removed from the Committee on Appropriations and appointed to the Committee on Commerce and Labor

Mullin, Michael P. - appointed to the Committee for Courts of Justice and the Committee on Counties, Cities and Towns

Ward, Jeion A. - appointed to the Committee on Rules

Motion by Delegate Cox to recess agreed to

House recessed at 1:40 p.m. until 6:30 p.m.

Transcript

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

[Unknown]
Order. Members, please take your seats. Sergeant at arms.
Bill Howell
The House is now in session. All persons not entitled to be on the floor, please retire to the gallery.
[Unknown]
I would ask the House to give a warm welcome to our guest performance from the Richmond symphony chorus, they'll be singing the national anthem and I direct the sergeant at arms to grant them privileges of the floor an escort them to their place at the well. [ applause ]
[Unknown]
The members will be rise -- you've already risen. Reverend jack Howell .
[Unknown]
Let's pray together. God, we humbly approach you for you belong honor, glory, God of God 's king of kings, the people of this commonwealth in general, so especially for the Delegate from you. Remind those assembled, it is not in princes or the strength of horses or chair yachts, but our trust is in you. So we enter this general assembly, mindful that we're children of dust, appear and assem belled, that can only come then gone, bring to our minds, frailty that we might. Weakness we might forgive, incapacity that we might truly. Mindful of the least of these. They might deliberate and advocate on behalf of all of those without voice or standing, that Peace and happiness, truth and justice May be established among us all. So great God, endow them with purpose, shared humanity, joy affixed to your mercy and love. For these and all necessaries for them and for us, we humbly ask in your name. Amen. >>> Please remain standing as the colors of the united states -- I am out of order here. I got the choir here. ♪ o say, can you see by the dawn's early light ♪ ♪ what so proudly we hailed at the twilight's last gleaming? ♪ ♪ whose broad stripes and bright stars through the perilous fight ♪ ♪ o'er the ramparts we watched were so gallantly streaming? ♪ ♪ and the rockets' red glare the bombs bursting in air ♪ ♪ gave proof through the night that our flag was still there ♪ ♪ oh, say, does that star-spangled banner yet wave ♪ ♪ o'er the land of the free ♪ ♪ and the home of the brave? ♪♪ [ applause ]
[Unknown]
I would ask the body to please remain standing, as the colors of the united states of america are retrieved by the division of capitol police and the symphony chorus to perse the chamber.
[Unknown]
Retire the colors.
[Unknown]
Members can be seated. The clerk will report the result of the special election in the 85th House of delegates district.
[Unknown]
Tuesday, January 10, 2017, special election results of 85th House of delegates district. Members, please be advised that pursuant to article 4, section 7 of the Virginia constitution, providing that the House of delegates shall judge of the election, qualification and return of its members, and as the direction of the speaker of the House, I am pleased to report the following. In a special election called by the governor, to fill the vacancy in the 85th House of delegates, which occurred on January 10, 2010 -- January 10, 2017, it has been determined that nd rocky holculm is to be seated as the newly elected in addition, I would like to member. Report that as a result of the special election held on November 8, 2016, for open seats in the 77th and 93rd House district, the honorable c.E. Cliff hayes jr. And michael p mullen won election and subsequently determined as the winning candidates by the House of delegates and subsequently certified by the Virginia department of elections. These two members were duly sworn into office on Tuesday, November 22nd, 2016. Now, the speaker requests member elect holcolm receive the oath of office.
[Unknown]
Mr. Delegate elect rurks ready?
[Unknown]
I am, sir.
[Unknown]
Please repeat after me.
[Unknown]
I do solemnly swear.
[Unknown]
I do solemnly swear.
[Unknown]
That I 'll support the constitution of the united states.
[Unknown]
That I will support the constitution of the united states.
[Unknown]
And the constitution of the commonwealth of Virginia .
[Unknown]
The constitution of the commonwealth of Virginia .
[Unknown]
And faith fully and impair shely discharge.
[Unknown]
And I will faithfully and impartially discharge.
[Unknown]
All duties.
[Unknown]
As a member of the Virginia House of delegates.
[Unknown]
According to the best of my ability.
[Unknown]
According to the best of my ability.
[Unknown]
Is help me God .
[Unknown]
So help me God .
[Unknown]
Congratulations, sir.
[Unknown]
Thank you. [ applause ]
Bill Howell
The members will answer the roll call by indicating their presence on the electronic voting board. Clerk will call the roll.
[Unknown]
Mr. Speaker, a quorum is present.
Bill Howell
Motions and reg resolutions on rule 39 are in order. The gentlemen from Colonial Heights, Mr. Cox will advise the Senate that the House of delegates is organized and ready to proceed with business. House will be at ease. I. >>> The House will come to order. The clerk has a resolution.
[Unknown]
Joint resolution 717, notifying the governor of organization, resolved by the House of delegates that a committee be appointed, composed on six and five on the part of the Senate notify the governor is duly organized and ready to receive any communication he May desire to make.
[Unknown]
Colonial heights.
[Unknown]
Adoption of the resolution.
[Unknown]
Favor will a aye.
[Unknown]
Those opposed. Agreed to. Mr. Cox will communicate the action of the House of delegates, with the Senate, the request is concurrence. The House will be at ease. Order. Please take your seats, members. Sergeant at arms.
[Unknown]
Mr. Speaker, a message from the Senate .
[Unknown]
Senator norman.
[Unknown]
Good afternoon, Mr. Speaker, I have been directed by the president of the Senate to inform the House of delegates that the Senate is organized and ready proceed with business.
[Unknown]
Thank you. [ applause ]
[Unknown]
The clerk will announce the committee on the part of the House of delegates to notify the governor. Never mind. House will be at ease.
Bill Howell
The House will come to order. Sergeant at arms.
[Unknown]
A message from the Senate .
[Unknown]
The gentlemen from James city county, Senator norman.
[Unknown]
Mr. Speaker, I 've been directed by the president of the Senate to inform the House of delegates that we have welcomed lionel spruel to the Senate and the Senate has agreed to House joint resolution 717.
[Unknown]
The boy reads well, doesn't he? The clerk will announce committee on the part of the House delegates.
[Unknown]
Cox, weir, Gilbert, Villanueva, notify the governor. The general assembly is duly
[Unknown]
The House will be at ease. Organized.
Bill Howell
The House will come to order. Members, please take your seats. The clerk will afford a resolution.
[Unknown]
House resolution 555, joint assembly and establishing a schedule for the conduct of business coming before the 2017 regular session of the general assembly of Virginia .
[Unknown]
Mr. Cox.
[Unknown]
Thank you, Mr. Speaker. Hj555 standard procedural resolution for the short session. Deadlines and language are standard. Let me go over three or four, mainly technical, and if you are following along, I 'll do the bill line number. 43, the deadline to request for remove as co-pay tron is moved from 5:00 p.M. To 3:00 p.M. If you look at number 2, line 62, 63, definition of a revenue bill has been cleaned up to remove language relating to sales tax exemtion bills. We only do vrs bills, as far as that goes. Three, deadline to request joint committee and memorial resolutions online 140, we moved that forward one day, to Thursday, February 16th. Once again, pretty heavy use of that, so this will obviously give the clerk's office more time to process those. Rule 15, excuse me, rule 16, number four, lines 141-142, conference committees for revenue bills, modified for what we do for conference for appropriations, and basically ends the deadline, we don't have to come in and amend all the time. Finally, Mr. Speaker, we do two groups of elections of judges. This one moves up that second group to Monday, February 20th. As I always, remind you the vrs bills and legislation continuing for study or first date introductions. With that, Mr. Speaker, I move adoption of the resolution.
[Unknown]
Shall the resolution be agreed to? The clerk will close the role.
[Unknown]
Ayes, 99, nays, 0. The clerk will afford a resolution.
[Unknown]
House joint resolution 556, prefiling period of the 2018 regular session of the general assembly of Virginia .
[Unknown]
The gentlemen from ohio heights, Mr. Cox.
[Unknown]
The clerk said, this is basically establishing schedule for prefiling, the deadlines for consistent with past practice, for example, December 4th will be the draft for prefilings due for next year, it has all the various other dates. With that, Mr. Speaker, I move adoption of the resolution.
Bill Howell
Resolution agreed to? Clerk will close the roll.
[Unknown]
Ayes99, no, zero. It is agreed.
[Unknown]
The gentlemen from Colonial Heights, Mr. Cox, will communicate the action of the House of delegates to the Senate and request its concurrence on joint resolutions 555 and 556. House will be at ease. Sergeant at arms. >> Sir, a message from the Senate .
[Unknown]
The gentlemen from Hanover .
[Unknown]
I've been directed to inform the House of delegates that Senate has agreed to joint resolution 555 and joint resolution 556.
[Unknown]
Thank you.
[Unknown]
The clerk will report a resolution.
[Unknown]
House resolution number 287, salaries contingent and incidental expenses resolved by the House of delegates that the controller is directed to issue his warrants on the treasurer payable to accomplish the work of the House of delegates of the Virginia general assembly. Necessary for temporary employees, as well as incidental will be designated by the clerk or his designee.
[Unknown]
Ladies and gentlemen of the House, resolution allows the House to conduct its official business, and I would move its adoption.
Bill Howell
Shall the resolution be agreed to? The clerk will close the roll.
[Unknown]
Aye is 98. Nos zero. The resolution is agreed to.
[Unknown]
Does the clerk have any announcements?
[Unknown]
Mr. Speaker --
[Unknown]
Gentlemen from Charlottesville .
[Unknown]
Thank you plrks speaker. I rise for a motion.
[Unknown]
Gentlemen has the floor.
[Unknown]
Thank you, Mr. Speaker. On Page 79 of the printed calendar today, there is a House joint resolution number 684, which commends robert vaughn, who is retiring after being in charge of the Virginia Senate for humanities for 43 years, and I would request that we pull that resolution out of order.
[Unknown]
Joint House Page 79, printed cal darks number 684, commending robert c vaughn, iii.
[Unknown]
Mr. Speaker.
[Unknown]
I urge the body to pass the resolution.
[Unknown]
This isn't the guy on the appropriations.
[Unknown]
No.
[Unknown]
Favor, please say aye, it is agreed to.
[Unknown]
Mr. Speaker, rise for announcements and a motion.
[Unknown]
Gentlemen has the floor.
[Unknown]
Mr. Speaker, tomorrow morning at 7:00 a.M., the sportsman caucus will be meeting in your conference room on the sixth floor. For those of you who are interested, we're going to spend some time talking about what is going to be on the agenda this year to look at. In addition to the bills that have been submitted that affect hunting and fishing in the commonwealth. I hope you'll take time to be there tomorrow morning at 7:00 a.M. Also, Mr. Speaker, last year you recall, Chesapeake bay awareness week, second week of June of each year. From now on we will be observing every second week of June in recovering the Chesapeake bay. This has been a remarkable effort on the part of the commonwealth. We know the commitments we've had to cleaning up the bay for many years, and it is really showing real progress. I'm happy to announce to you that we will meet, Virginia will meet its 2017 goals, against the tmdl and the standards by which we evaluate. The next benchmark is in 2025, there is a lot of work that needs to be done between now and then. And it is going to take a lot of effort and we want to ensure that both the private sector and public is aware of our work here. And so this year, at Mason neck, on the, I believe the 10th of June, we are a going to celebrate back to the bay day. We use that term to remind people that when you turn your back on the tribtemporary, what you're looking at are the forest lands, you're looking at agriculture, you're looking at Virginia. That's where the work needs to be done. We tend to think about in the water. But the truth of the matter, is the watershed itself is where a great deal of the work needs to be done. And so this is going to be a great opportunity. We should have a lot of people at this event. I ask dave albow if he could have his band play, and he said they're really lousy and doesn't want to embarrass himself. I rise for motion.
[Unknown]
The.
[Unknown]
Has the floor.
[Unknown]
Mr. Speaker, a number of us in the Prince William delegation, and I know many of you here in this body, were very sad at the passing of Senator chuck holden. Yesterday, we were able to attend his funeral mass in man moving. It was filled with family and friends. It was a remarkable celebration of a man who was truly a remarkable statesman. You know, in case you haven't noticed, there has been a lot of -- manasas, and it was very bitter politics in america. In the course of the last year. I have never known anyone who has risen above acromnoy and partisan politics like chuck Hogan. He modelled to us what being a legislator is all about. He modelled to us what being a husband is all about. What being a father is all about. What being a grandfather is all what being a legislator who is about. Deeply committed to the people he was elected to serve. You know, sometimes we get down here, and the money committee we see this, people have their pet rock that they want to get done. Sometimes we're able to help and sometimes the money is not there to help. At the end of the day, I think we all honor everyone's desire to do the right thing for the people they represent. Even sometimes when we fall short and we can't help. At least we know the effort is there. And chuck was reliable in this way. He cared deeply about the children and the citizens of Prince William County and manasas and manasas park. He cared about firemen, he cared about the police. He cared about the entrepreneur. There was no one he thought was not important enough to be heard. The thing that I most admired about chuck was his love of the constitution. And his love of the rule of law. And we saw chuck take on his own party, even as he took on ours when he thought it was right to do. He was a man of great principle. As george catlick Marshall used to say, there is no limb et to the -- limit you can do if you don't care who gets the credit. That was chuck Hogan. He will be greatly missed by all of us. And so Mr. Speaker, on behalf of Delegate Marshall, Delegate Miller, jackson Miller, Delegate Anderson, Delegate Hugo, Delegate toren, Delegate john Bell, all of whom represent Prince William in part or in whole, I move Mr. Speaker that today, when we adjourn, we adjourn in the memory and honor of Senator charles j. Hogan.
[Unknown]
The gentlemen from prince Williams, when the House adjourned this evening, the House adjourn in memory of Senator charles Hogan. In favor, please rise. The motion is agreed to.
[Unknown]
The gentlemen from Newport News, Mr. Price.
[Unknown]
Mr. Speaker, I rise for an introduction. Thank you. Today, we have with us, some special guests in the gallery. With us, we have the Virginia sheriff's association. May they please stand. They have 122 elected sheriffs, and over 8,000 deputy sheriffs that are members of the association. Sheriff gabe Morgan, of Newport News, my sheriff, is this year's president of the association, and we look forward to great things from him and under his leadership. Sheriffs are responsible for running local jails in several of our regional jails. The local inmate daily population is currently around 29,000 inmates. Sheriffs are the primary law enforcement agency in 86 counties in Virginia, and have made almost 69,000 group a and group b arrests last year. Additionally, sheriffs are responsible for the service of process, serving more than 3 annually, providing security for million civil process papers our judges and court, and keeping everyone safe during the judicial process, and finally, our amazing sheriffs are on the cutting edge of community policing, as the only elected law enforcement official in each locality. In gratitude for their tireless service, I ask that we please offer a warm House welcome to the members of the Virginia sheriffs association that are in the gallery, and throughout the capitol today. [ applause ]
[Unknown]
We welcome the sheriffs to the capitol and we thank you so much for your continued service to protect us, to keep our judicial system working properly, and all the many things you do. We thank you so much.
[Unknown]
Prince Williams, Mr. Anderson.
[Unknown]
Mr. Speaker, rise for an
[Unknown]
You have the floor. Announcement.
[Unknown]
A friendly reminder that this year's series of meetings of the general assembly, military and veterans caucus will be held every Wednesday morning at 8:00 a.M. In conference room 4-west, for new members of the chambers, it doesn't require an individual to have worn the uniform of the country. We have nonveterans who are active in the caucus. So I would remind you, Wednesday in conference room 4-west, the first meeting being next Wednesday, the 18th of January. Thank you, Mr. Speaker.
[Unknown]
Thank you.
[Unknown]
Mr. Bagdy.
[Unknown]
Thank you, Mr. Speaker. I rise for the purpose of an introduction.
[Unknown]
Gentlemen has the floor.
[Unknown]
Joining us today in the gallery, we have the Virginia school counsel association. Would you all stand? Founded in 1962, the Virginia school counselor association is a state chapter of the american school counselor association. The sca provides professional development opportunities through workshops, networks through social media through current and relevant information that school counselors throughout the state. Its mission is to actively promote excellence, in the profession of school counseling and to provide members with support through professional development. Advocacy, leadership, accountability, and collaboration. Vsca is currently led by president paul harris and president-elect mary Robinson. Please join me in giving these nice school counselors, please don't ever call them school guidance counselors, these nice school counselors a warm House welcome. [ applause ]
[Unknown]
Pleased to have the counselors with us today. We thank you so much for what you all do on a daily basis. Thank you.
[Unknown]
Thank you, Mr. Speaker.
[Unknown]
Gentlemen from Caroline .
[Unknown]
I rise for purposes of announcement.
[Unknown]
Gentlemen has the floor.
[Unknown]
Mr. Speaker, the House and we're about to wrap up here I believe and the clerk will announce meetings for tomorrow. The hwi committee will be meeting in the morning, at 9:00 a.M. So you get a half hour reprieve, as it were. But the rest of the announcement, I want to invite all of the body to join us in-House room d, if you care to, at about 9:30, we're going to enter into a joint meeting with our Senate counterpart committee, and hearing a presentation from the secretary of health, and I believe we're going to hear from the board of medicine and board of pharmacy on what is already being taken or already taking place within the administration as it relates to nalaxone, and issues related to that. So before the committee hears the bills, we'll get an understanding of the gravity of the problem, and what the administration is already doing to try to resolve and minimize the current crisis we're dealing we invite all members of the with. House to join us. We'll have a couple of rows reserved in the front section there of the audience for House members and Senate members who aren't on the committee who might care to join us. We invite anybody to be there about 9:30.
[Unknown]
Thank you. Any further motions or resolutions? Does the clerk have any announcement. Mr. Speaker, a letter to the
[Unknown]
Yes, sir. Clerk of the House, due to the resignation of lionel sprule, and Taylor, cliff hayes jr., I have made the following committee assignments and changes effective today. Read them off by Delegate 's last name in alphabetical order. Delegate Aird is removed and appointed on appropriations.
[Unknown]
Delegate Collins, appointed to the committee on transportation. Delegate hayes, Delegate hayes is appointed on county, cities and towns, and health, welfare and institutions. Delegate heritick, finance. Delegate holcombe, finance and county, cities and towns. Delegate Lindsey, removed from the committee on appropriations, and appointed to the committee on commerce and labor. Delegate mullens, courts of justice and the committee on county, cities and towns. And finally, Delegate Ward to the committee on rules. Copies of the committee assignments are available with the sergeant at arms. Mr. Speaker, in addition, looking ahead to this afternoon, the republican House caucus will meet immediately in-House room 1 here in the capitol. Going to legislative committees, the courts of justice committee meeting today is canceled. However, the House and Senate courts of justices judicial panel will be meeting jointly at 2:30, cross over the general assembly in-House room c. Judicial interviews at 2:30 today. The appropriations committee is going to meet this afternoon up in the ninth floor appropriations room, one hour after the recess, approximately 2:40 today. The other legislative business today, House subcommittees, canceled. Finance subcommittee number one, not meeting. Appropriations commerce, acr, technology, not meeting. And acr, not meeting, and county, cities and towns, sub committee number two, not meeting. So that is the schedule for this afternoon as best I have been informed.
[Unknown]
Mr. Cox.
[Unknown]
Mr. Speaker, I move the House recess until 6:30 p.M. If I could explain. Remind everyone tonight is to join assembly be for the new members. The governor's address is 7:00, Mr. Speaker, that completes. We want to make sure we're in place. With that, Mr. Speaker, I move we stand in recess until 6:30.
[Unknown]
Colonial heights, Mr. Cox, those in favor, aye. The House standing in recess until 6:30 p.M. Until 6:30 p.M.