01/18/2017 House Proceedings

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Index

HB1582—00:01:41
HB1521—00:00:45
HB1394—00:05:30
HR268—00:00:35
Del. Scott Lingamfelter (R-Woodbridge)—07:10
Del. Kirk Cox (R-Colonial Heights)—10:50
Del. Roslyn Tyler (D-Jarratt)—00:41
Del. Scott Garrett (R-Lynchburg)—01:25
Del. Rich Anderson (R-Woodbridge)—00:55
Del. Mark Sickles (D-Alexandria)—10:35
Del. Tag Greason (R-Potomac Falls)—01:45
Del. Kathy Byron (R-Lynchburg)—05:06
Del. Eileen Filler-Corn (D-Fairfax Station)—00:30
Del. Roxann Robinson (R-Chesterfield)—00:15
Del. Alfonso Lopez (D-Arlington)—00:40
Del. Jackson Miller (R-Manassas)—00:45
Del. Delores McQuinn (D-Richmond)—01:00
Del. Charles Poindexter (R-Glade Hill)—01:00
Del. David Bulova (D-Fairfax)—00:45
Del. Todd Gilbert (R-Woodstock)—01:20
Del. Manoli Loupassi (R-Richmond)—00:00
Del. Marcus Simon (D-Falls Church)—01:30
Del. Jackson Miller (R-Manassas)—00:05
Del. Lee Ware (R-Powhatan)—02:15
Del. Chris Head (R-Roanoke)—00:45
Del. Mark Sickles (D-Alexandria)—01:10
Del. Glenn Davis (R-Virginia Beach)—01:25
Del. Bob Marshall (R-Manassas)—00:20
Del. Mark Sickles (D-Alexandria)—00:20
Del. Jim LeMunyon (R-Oak Hill)—00:00
Del. Bobby Orrock (R-Thornburg)—00:25
Del. Marcus Simon (D-Falls Church)—00:25
Del. Ben Cline (R-Amherst)—00:40
Del. Charniele Herring (D-Alexandria)—01:25
Del. Chris Jones (R-Suffolk)—00:05
Del. Dave Albo (R-Springfield)—00:15
Del. Kirk Cox (R-Colonial Heights)—00:15
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Minutes

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

Mace placed on Speaker's table by Sergeant at Arms

Prayer offered by The Reverend Thomas Alvis, Jr., Pastor, Mount Moriah Baptist Church, Powhatan

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 Kory and Krizek

Journal for Tuesday, January 17, 2017, approved by the Speaker

Senate communication received
Senate bills passed: SBs 880, 922, 974, 999, 1009, 1031, 1032, 1062

Committee reports
From Agriculture, Chesapeake and Natural Resources: HBs 1454, 1691 (referred), 1781, 2311As
From Commerce and Labor: HBs 1450S, 1532A, 1671A, 1719, 1754, 1760, 1766
From Counties, Cities and Towns: HB1992 (referred)
From Education: HBs 1392A, 1578, 1780, 1828 (referred)
From General Laws: HBs 1472A, 1527 (referred), 1591, 1596, 1628A, 1629, 1854 (referred), 1868 (referred)

HJR 782 (Election of a Court of Appeals of Virginia judge, Circuit Court Judges, General District Court Judges, Juvenile and Domestic Relations District Court Judges, members of the Judicial Inquiry and Review Commission, a member of the Virginia Workers' Compensation Commission, and the Auditor of Public Accounts) offered by Delegate Loupassi and agreed to (Y-93 N-0)

Message from Senate: HJR 782 agreed to

Message from Senate: Nominations made for certain judicial offices of the Commonwealth

HR 307 (Nominating a person to be elected a Court of Appeals of Virginia judge) offered by Delegate Loupassi and agreed to

HR 308 (Nominating persons to be elected to circuit court judgeships) offered by Delegate Loupassi and agreed to

HR 309 (Nominating persons to be elected to general district court judgeships) offered by Delegate Loupassi and agreed to

HR 310 (Nominating persons to be elected to juvenile and domestic relations district court judgeships) offered by Delegate Loupassi and agreed to

HR 311 (Nominating persons to be elected to the Judicial Inquiry and Review Commission) offered by Delegate Loupassi and agreed to

HR 312 (Nominating a person to be elected to the Virginia Workers' Compensation Commission) offered by Delegate Kilgore and agreed to

HR 313 (Nominating a person to be elected the Auditor of Public Accounts) offered by Delegate Cole and agreed to

HR 307 (Electing a person to Court of Appeals of Virginia) – (Y-97 N-0)

HR 308 (Electing persons to circuit court judgeships) – (Y-97 N-0)

HR 309 (Electing persons to general district court judgeships) – (Y-97 N-0)

HR 310 (Electing persons to juvenile and domestic relations district court judgeships) – (Y-97 N-0)

HR 311 (Electing persons to the Judicial Inquiry and Review Commission) – (Y-97 N-0)

HR 312 (Electing a person to the Virginia Workers' Compensation Commission) – (Y-97 N-0)

HR 313 (Electing a person as the Auditor of Public Accounts) - (Y-97 N-0)

Motion by Delegate Loupassi to waive the reading of the report of the Joint Committee agreed to (Y-95 N-0)

Court of Appeals of Virginia
Rossie D. Alston, Jr.

Election of Circuit Court Judges
Leslie L. Lilley, Second Judicial Circuit
William R. O'Brien, Second Judicial Circuit
H. Thomas Padrick, Jr., Second Judicial Circuit
John R. Doyle, III, Fourth Judicial Circuit
Mary Jane Hall, Fourth Judicial Circuit
Jerrauld C. Jones, Fourth Judicial Circuit
Bonnie L. Jones, Eighth Judicial Circuit
Timothy J. Hauler, Twelfth Judicial Circuit
Charles S. Sharp, Fifteenth Judicial Circuit
William T. Newman, Jr., Seventeenth Judicial Circuit
Jan L. Brodie, Nineteenth Judicial Circuit
Richard E. Gardiner, Nineteenth Judicial Circuit
Jeffrey W. Parker, Twentieth Judicial Circuit
Joseph W. Milam, Jr., Twenty-second Judicial Circuit
James R. Swanson, Twenty-third Judicial Circuit
William C. Goodwin, Twenty-fifth Judicial Circuit
C. Randall Lowe, Twenty-eighth Judicial Circuit
Craig D. Johnston, Thirty-first Judicial Circuit

Election of General District Court Judges
Alfred W. Bates, III, Fifth Judicial District
Stephen D. Bloom, Sixth Judicial District
Matthew W. Hoffman, Seventh Judicial District
Mayo K. Gravatt, Eleventh Judicial District
James J. O'Connell, III, Twelfth Judicial District
Claire G. Cardwell, Thirteenth Judicial District
Thomas O. Bondurant, Jr., Fourteenth Judicial District
Michael J. Cassidy, Nineteenth Judicial District
Susan J. Stoney, Nineteenth Judicial District
J. Gregory Ashwell, Twentieth Judicial District
Scott R. Geddes, Twenty-third Judicial District
Rupen R. Shah, Twenty-fifth Judicial District

Election of Juvenile and Domestic Relations District Court Judges
Rufus A. Banks, Jr., First Judicial District
Larry D. Willis, Sr., First Judicial District
M. Randolph Carlson, II, Fourth Judicial District
Thomas W. Carpenter, Seventh Judicial District
M. Duncan Minton, Jr., Twelfth Judicial District
Denis F. Soden, Fourteenth Judicial District
Shannon O. Hoehl, Fifteenth Judicial District
Julian W. Johnson, Fifteenth Judicial District
Constance H. Frogale, Eighteenth Judicial District
Pamela L. Brooks, Twentieth Judicial District
Paul A. Tucker, Twenty-fifth Judicial District

Judicial Inquiry and Review Commission
H. Gayland Lyles
Robert H. Simpson

Virginia Workers' Compensation Commission
Robert Alan Rapaport

Auditor of Public Accounts
Martha Sedwick Mavredes

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)

CALENDAR

HOUSE BILL READ THIRD TIME
UNCONTESTED CALENDAR
HB 1571A - Passed (Y-96 N-0)

HOUSE BILL READ THIRD TIME
REGULAR CALENDAR
HB 1582S - Passed (Y-78 N-19)

HOUSE BILLS READ SECOND TIME
UNCONTESTED CALENDAR
HB 1471 - Engrossed
HB 1521 - Engrossed
HB 1538A - Moved to Regular Calendar

HOUSE BILLS READ SECOND TIME
REGULAR CALENDAR
HB 1394A - Committee Amendment agreed to, Engrossed
HB 1538A - Committee Amendment agreed to, Delegate Simon floor amendment ruled not germane, Engrossed

RESOLUTION
REGULAR CALENDAR
HR 268S - Committee Substitute agreed to, Agreed to (Y-57 N-36)

HOUSE BILLS READ FIRST TIME
UNCONTESTED CALENDAR
HB 1451
HB 1474
HB 1505
HB 1541
HB 1567 - Moved to Regular Calendar
HB 1610A
HB 1688
HB 1751
HB 1767A
HB 1795

Senate communication received
Senate joint resolution agreed to: SJR 317

Motion by Delegate Cox to adjourn agreed to

House adjourned at 1:50 p.m. to meet Thursday, January 19, 2017, at 12 m.

Transcript

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

Bill Howell
[gavel] the House will come to order. Members, please take your seats. Sergeant at arms.
Bill Howell
The House is now in session. All persons not entitled to privileges of the floor, please retire to the gallery. >>
Bill Howell
The members will rise and be led in prayer by the Reverend thomas alvis, junior, past of of mount moriah baptist church in Powhatan and remain standing for the pledge of allegiance to the united states of america led by the gentleman from Colonial Heights Mr. Cox.
Kirk Cox
Let's pray together, please. Dear heavenly father, we acknowledge you as the one and only true God, our creator, and the sustainer of life. The great and mighty God, all knowing, all powerful, all Wise. We acknowledge your providence in the history of we are thankful for those who our nation. Have gone before us and who establish the government founded on the principles of godliness and the holy scriptures. We confess that we have in many respects turned our backs against you. We have sinned. We have committed iniquity. We've done wickedly. We have departed from your word and from the principles. We have refused your counsel. We have rejected your truth. We repent of our sin. We ask you to forgive us. We are truly grateful that you are a God of mercy and forgiveness. We rejoice in the provision that you have made for us through your son, jesus christ, who purchased our redemption on the cross of calvary. We are thankful today for those who have given their lives in the service of our commonwealth. We know each of these delegates has been ordained by you and elected to represent we the people. We understand, also, that righteousness exalted the nation, but sin is a reprieve to any people, so we pray that each of our legislators, their staffs, and those who will influence them today, will be guided by truth and wisdom which comes from God alone. It's our prayer today that every member of this House will increase in the knowledge of God. That they will be filled with an understanding of your will. That they will be strengthened with all might. That love will abound. And that they will approve things that are excellent. We ask, heavenly father, and believe that you will hear our prayer. Thaw will forgive our sin. That you will revive your people. And that you will heal our land. In the name of jesus christ, our savior, we pray, amen.
[Unknown]
Amen.
Kirk Cox
[pledge of allegiance] >>
[Unknown]
The members will answer the roll call by indicating their presence on the electronic voting board.
Bill Howell
The clerk will close the roll.
[Unknown]
Mr. Speaker, a quorum is present.
[Unknown]
Pursuant to House rule three, I 've examined and approved the journal of the House of delegates for January 17, 2017. Motions and resolutions under rule 39 are now in order.
[Unknown]
Does the clerk have any announcements or communications?
[Unknown]
Not at this time, Mr. Speaker.
Bill Howell
The gentleman from Prince William, Mr. Lingamfelter.
Scott Lingamfelter
Mr. Speaker, I rise for a point of personal privilege.
Bill Howell
The gentleman has the floor.
Scott Lingamfelter
Mr. Speaker, I hesitate to rise on this topic, primarily because I don't normally speak to national issues in this body, nor do I think that it's good to introduce any more division than what our country already has gone through in recent months with the most recent election. Mr. Speaker, I have served this country for a very long time. And so have many of you in the military. And guarding classified material is not a joke. It is a very serious issue which is an individual responsibility of every single person that has access to classified material. I have been trusted in my career with the highest classified material that we probably have in the country. And I have approached that with the utmost seriousness. And I want you to understand this. Lives are at stake when you release classified information that you have no authority whatsoever to make public. I was shocked and deeply disappointed and, frankly, angered when I learned yesterday that the president gave commutation to army private manning for the crimes for which that private was justly convicted in a court of law. Private manning released classified information. He was not authorized to release that information. But Mr. Speaker, he was trusted by his government to maintain its confidentiality. He had no legal, no morale, or any other rationalized reason to release that information to anybody who was not otherwise authorized to receive that information. And for that, a court of law convicted him for 35 years in the federal prison in 11worth. -- leavenworth. It was a just and fair sentence. The president chose to commute that sentence. Which is his right. There were huge consequences to private manning's actions. Ambassadors were forced to resign. Cia station chiefs were forced to return back to the united states. And the taliban in afghanistan went on a killing spree against afghanis who willfully supported the united states to bring Peace to that wore-torn nation. Please do not buy what mann's attorney says you no one was hurt. That is palpably false. There have many words I have used in my Head to describe how I feel about what has happened in this commutation and I 'm not going to use these words here. Because using those words would do the very thing that I don't want to see us suffer any longer, which is the division in this country that is destroying it. But this was an outrageous act. And for those of us who have served willingly, faithfully, according to the law in the united states military, it is a betrayal. It sends the worst message. We're not talking about mercy here. We are talking about the message we send to people who believe that they have the right to make a decision about whether or not to release classified information that is not their right to release. And pretend as if no one is hurt. Oh, it's just the afghanis. They stood with us. They stood with us. They wanted a better life. And the taliban went on a killing spree as a result of this. Mr. Speaker, I can only hope and pray that in the course of the next several hours that president obama resist the temptation to pardon sergeant bergdahl before he goes before a court of law to be tried, as he should be, for the charges and the actions he is alleged to have committed. And I fear that he May be. And I pray that justice will be done in that case as it was done in this case. Thank you Mr. Speaker.
[Unknown]
[applause]
Bill Howell
The gentleman from Colonial Heights, Mr. Cox.
Kirk Cox
Mr. Speaker, I rise for a point of personal privilege.
Bill Howell
The gentleman May proceed.
Kirk Cox
Mr. Speaker, today I want to outline the 2017 republican policy agenda. As these speeches normally go you list off a bunch of bills in health care and education, and I didn't want to do it that way. Today I want to sort of give an underpinning for a little bit of philosophy of why we feel so passionately about some of these bills. I think it starts as a very simple theme of every person that is of value, and you will be amazed what they accomplish if you empower them. That reminds me of a student I had when I first started teaching, she was actually from communist china, she came over to the united states, and had only been here about a year, she got placed in my honors government class, and that's a pretty difficult class and I gave a really tough aenvironment on elections and I kid you not, she probably spent 40 hours on that assignment. And I graded it, being the tough teacher that I was, I looked at it and I went a, effort, b work, so I gave her and so when it came to a b. Handing the paperback, I was a chicken, I waited for the Bell to ring and threw it on her desk and she sort of looked at t. Read my comments, walked over to the trash can, and just sort of places it in there, and I could see she was crying, and said boy, I felt really, really good. So I walked over to her and I go, her name was daisy, and I go daisy a.B on a paper like this is incredible. You should be really proud of thaflt and she looked at -- that. And she looked at me and said I could have done better, and it was interesting. She did. By the end of the year, she had an a. The reason I bring up that particular story is that I think all of us in this chamber want to do what's right. One of the things we've really lost sight of is what people can accomplish if we get them to work. It's almost as if we count if you on public assistance as a plus, we check that box, not that we've helped put you to work. There are three themes, k-12 education, health care and jobs. Let me start with k-12 education. Last year one of the things we started with was empowering localities. They make better decisions than we do as far as schools go. Senator chairman Jones and vice chairman landis, we return I think 29 percent of lottery money back to localities, no local match. We want to build on that this year. Number two, having been in the classroom for many, many years, one thing they will tell you is can you cut the red tape and bureaucracy. That's going to be a major goal that we are going to have. Innovation. For junior virtual schools, they've had that Bell three or four years. Other states are way ahead of us. Kids learn differently. The time for this bill has and I can tell you, come. Especially doing a lot of work with veterans and military kids, they will particularly be benefited by that bill. Then we have a lot of other choice options. And it's interesting. What choice does -- one choice does several things. It not only empowers parents and students. But this is one you don't hear very much. It empowers teachers. I used to sit next to a teacher at manchester, she was liberal, I was conservative. We used to talk about if we could start a charter school together, how impactful we felt we could be. Bell once again has that constitutional amendment. We want to move that forward. We have educational savings accounts from ookay, scholarships from jimmie Massie. So it's time to move those. Let's go to higher education. Access and affordability are the keys. What can we do more there. Financial aid is very important to a lot of our students. We got a 40-year-old model. We don't reward hard work and achievement. So we have a bill that will do that this year. You take 15 hours, graduate in four years, it's going to reward you. When you move from a freshman, sophomore, junior, and senior, you're going to get more financial aid as you move up, which makes perfect sense. Here's what I 'm really excited about. We're going to call it the online Virginia network. This one actually started with george Mason odu. We are basically getting killed in the applicable sector, in offering people what they want. Here's what we do. We basically -- we have good universities. When we decide you are going to fit our model, you're going to come to our school and take our course work in the times that you want to basically take it. That's not good for working moms, that's not good for the kid inside Virginia or the northern neck who's got to stay hole and work. My wife is a great example of that. She does crisis counseling for a living. She does the toughest cases they are. She went to william & mary and wanted to go back and get more education. There wasn't a single public school that fit her schedule. She told me, it was interesting, she went back, she found a place, out of state, to basically get that, but she told me, if they had not offered that, I just couldn't have done it. Four boys, working mom. So this is how this is going to work. We are going to have an online bill that allows you to take a course, not only from george Mason or odu, but from any online course in Virginia, community college, et cetera, instead of you having to figure out how financial aid works and you have to figure out your course schedule, there will be one stop shop, call one place and get that done. And I 'm hoping the 1 million adults currently started college, have not completed, now we will be serving them instead of the opposite way around. Let's move to health care. In the last few years, $175 million worth of funding, especially the mental health area, pat team and drop off centers. We all value the safety net. It's absolutely key. But here's the problem. The safety net shouldn't grow faster than creating jobs. Here's the shocking statistic from the foundation for governmental accountability. For every two new jobs created in Virginia since 2001, nearly three people have been added to the food stamp rolls. Success has to be measured in empowering people to get them to work. How do we do that? We're going to start with welfare recommend. Sort of an old concept when I first came here, that george allen started back in 1996. It was interesting, the first year of welfare reform under george allen, we cut the welfare rolls by 14 percent. There's probably 4-10 percent waste and fraud in welfare. Let me say this: it's been a faceless problem. When you have that, it cost but here's what bothers me. Taxpayers. It costs the truly needy. I had a young man come, who I 've known all my life, coached with his dad, he's been on the d.D. Waiting list now for many, many years. And he wrote me this impassioned letter, if I could actually get that waiver, and I could get a job coach, I could actually not work part-time but I could work full-time. So when we have programs where they are abused, we take money away from people like that young man who I think so much of. It's supposed to stand for temporary aid to needy families. We're going to put bills to reduce the time you can be on tnf from 16 months to 24 months and a whole host of other bills, not to be punitive, but to give people the dignity of work. Medicaid. Heard a lot about that. Jlaw recommended 35 fixes to address medicaid, up to $36 million in waste. I can remember when Delegate landis put that study in, he was criticized. We've studied medicaid 10 or 12 times. They will find nothing. They found a lot. So you will see a series of bills to enact those jlac recommendations. Let me say this, also. We're going to reconstitute the Stanley amendment, and we are going to block yet another attempt by the governor to expand medicaid. There are a lot of -- we heard about the aca. Let's remind of a medicaid expansion, ohio, $1.5 billion over sunlt because of medicaid expansion, illinois, $80 million, and while we're talking about the aca quickly, and that's not the purpose of my speech, it was interesting, I was looking through a publication yesterday, the federalist, and they said the following: the aca will destroy 2.5 million jobs by 2024 according to the congressional budget office. There's certainly another story there. Finally, and most importantly, let's talk about jobs and the economy. Too often governor mcauliffe's new Virginia economy has meant low paying and part time jobs. We've fallen to 13th on the cmb list of states to do business. First, structurally balanced budget, without seeking tax increases, we glossed over that quickly. If you look at the sujt, you will see increases like $100 on loggers. Not a big deal. Yeah, it is a big deal. If you sort of add all those up, it just directly affects their life. Vedp, we've heard about that. As a matter of fact, the director basically said when I asked him the question, probably the worst report I 've seen in 20 years. Can you believe a marketing agency that doesn't have a plan. We will have a -- we will make sure we have reforms there and to make sure they are done we will hold money back. Finally, I want to end with this. Regulatory reform. We're going to have a host of bills from Delegate Ransone, Lingamfelter, klein and Peace to make regulations more transparent, fair, reduce financial burdens on businesses and families. What does that mean? As a local businessman, I 'm a very good friend w. He told me the other day, which I found amazing, probably half of the staff do nothing, do nothing, but comply with regulations. That gentleman probably does more for his community than anybody I know. The local volunteer fire department probably doesn't exist if not for him. So he told me what can I do with those people if I can actually put them to work, creating jobs? Then millennials, the one really thing I find fascinate, they have this great entrepreneur spirit. Especially in our professions and occupations. We have so many barriers that we built have built up over the last few years that block them, as far as the time it takes to get a license. Yancey is going to have a bill which I love which is going to waive first time occupational licenses for people making less than $25 million.
[Unknown]
[laughter] -- $25,000.
[Unknown]
That was supposed to catch that!
[Unknown]
Thank you.
[Unknown]
But let me conclude with this. That's just part of our we are excited about it. Agenda. I think you are going to see us really try over the next few days to really pass an agenda that really empowers people and nbles people, and will not only put them back to work but I think give them a better life. Thank you Mr. Speaker.
[Unknown]
[applause]
Bill Howell
The gentlewoman from Sussex, Ms. Tyler.
[Unknown]
Thank you Mr. Speaker. I rise for an introduction.
Bill Howell
The gentlewoman has the floor.
[Unknown]
Thank you very much.
[Unknown]
Today in the gallery with us are correction officers who are from all over they are here to meet and Virginia. Talk with their legislators concerning safety issues and working conditions in our state corrections center. These officers here today are from bass vetville correction center, d meadow, earfield, indian creek, Greensville, Powhatan reception center, Sussex one and Sussex two state prison. I would like to ask you to join me today in thanking these men and women for their dedicated services, and protecting us and our families each day. Again, thank you correction officers!
[Unknown]
[applause]
[Unknown]
We are honored to have the visitors with us today and thank you for your service to the commonwealth.
Bill Howell
The gentleman from Lynchburg, Mr. Garrett.
Scott Garrett
Thank you Mr. Speaker. I rise for the purpose of an introduction, sir.
Bill Howell
The gentleman has the floor.
Scott Garrett
Thank you Mr. Speaker. Mr. Speaker, members of the House, today we have with us in the gallery some very hard working young people from wives street, the Virginia foundation for healthy youth, award win, youth-led volunteer group. If they could please stand. They are here to promote Virginia healthy youth day. Established by resolution of the general assembly, Virginia healthy youth day is an annual event hosted by the Virginia foundation for healthy youth and it promotes healthy lifestyles for our young people, including increasing their physical activity, eating nutritious foods, and not using tobacco products. On a daily basis, the Virginia foundation for healthy youth empowers Virginia 's youth to make healthy choices by promoting active, new trish owtion and tobacco-free living. I want to add that last year, and listen to this, please, we saw the lowest numbers yet for youth tobacco use in the commonwealth of Virginia. Fifteen years ago, 28 percent of virginians' high school students would self-identify as tobacco users. 28 percent, 15 years ago. Today, that number is give yourselves a round of 8 percent. Applause!
[Unknown]
[applause]
[Unknown]
Thank you. And that's in large part, Mr. Speaker, due to the efforts of Virginia 's foundation for healthy youth and these fine young people. So please join me in welcoming all these students to the capitol today.
[Unknown]
[applause]
[Unknown]
Delighted to have the students visiting with us thank you for coming to the today. Capitol.
Bill Howell
Gentleman from Prince William, Mr. Anderson.
Rich Anderson
Mr. Speaker, I rise for the purpose of an announcement.
Bill Howell
The gentleman has the floor.
Rich Anderson
Mr. Speaker, ladies and gentlemen of the House, tomorrow is Virginia national guard day on the grounds of the Virginia state capitol. And so on behalf of major general timothy b. Williams, the 28th general of the commonwealth of Virginia, as well as officers, noncommissioned officers, soldiers and airmen, we invite you to three distinct activities tomorrow in this vicinity, from 9:00 o'clock a.M. Until 1:00 p.M., there will be static displays in darden gardens where you can see the quilt and combat capabilities of the national guard that have deployed to far away places on our planet, where freedom faces its moment of maximum danger. Secondly, 9:30-10:30 on the fourth floor east conference room, a reception and meet and greet for members of the general assembly. Then lastly, tomorrow night, at 6:00 p.M., at the library of Virginia, the Virginia national guard officer and enlisted association will host a legislative reception. On behalf of the men and women of the Virginia national guard, we invite you to those events. Thank you Mr. Speaker.
[Unknown]
Thank you.
[Unknown]
The clerk will record a resolution.
[Unknown]
House joint resolution number 782, concerning election of a court of appeals of Virginia judge, circuit court judges, general district court judges, juvenile and domestic relations district court judicial inquiry and review judges, members of the commission, member of the Virginia worker's compensation commission, and the auditor of public accounts.
[Unknown]
Shall the resolution be agreed to?
[Unknown]
Kind of cleared out the cafeteria, didn't we!
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes, 93, nos, zero.
Bill Howell
Ayes 93, nos, zero, the resolution is agreed to. The gentleman from Richmond city, Delegate lu posie will communicate the action of the House to the Senate .
[Unknown]
-- Loupassi, will House to the Senate. Communicate the action of the
Bill Howell
Gentleman from Fairfax, Mr. Sickles.
Mark Sickles
Thank you Mr. Speaker. I rise for a point of personal privilege.
Bill Howell
The gentleman has the floor.
Mark Sickles
Thank you Mr. Speaker. Before I get into the passionate part of my speech, I wanted to note that I 've got on my desk the latest sports illustrated cover of clemson university's great victory in the national championship game, where they won with one second left, and I know all of the hokies and cavaliers in the room are especially proud of us for holding up the honor of the acc in this, and hit thank mighty alabama. Oh come on! It was a great victory for america, I think!
[Unknown]
[laughter]
[Unknown]
If you want to learn how great was that, clemson climbs the mountain, come on over and you can borrow this, I will let you check it out for the evening.
[Unknown]
Mr. Speaker, yesterday, the gentleman from Charlottesville brought up an issue in the morning hour that is the really, really big issue of our time for states, especially for us here in the commonwealth because of how we have managed our finances so closely over the years. I hope to explain it's about the issue is how is the federal government's health care partnership with the states going to change. Nobody really knows. Omabacare, romneycare, heritage foundation care, is based on requiring personal responsibility comis rat with the end of underwriting. That's what omabacare d it ended underwriting. That means that if you have preexisting conditions, you can get health care insurance. Just two days ago, president-elect trump has pledged to maintain that. So if you are going to maintain that, that is very complicated, and that's why you have complicated laws. Omabacare is simply rules programs and taxes that make that system work so everybody can have health care. We could have fixed the glitches that are in omabacare years ago if people had been willing, and it's so interesting to see if they might be fixed now. That is what we do. We actually go into it and find the places where it's not working and tweak it some the one result of this new health care program we have is today in the united states, the highest percentage, highest percentage of our fellow americans have health care insurance, and in history. In history. It's quite an achievement. In massachusetts, 98 percent of massachusetts people are covered under their group plan or romneycare. 98 percent. I wish we could say that here. In 2016, almost 400,000 virginians purchased health insurance on health care.Gov. Three hundred nineteen thousand of the 400,000 received federal tax credits that are at stake right now. That's what we're talking about in Washington. For a billion dollars. A billion dollars of federal investment in our state in those 319,000 people, getting health care, some of them for the first time ever. Other people who don't get subsidized are finding they can go to the exchange and shop for insurance. That makes up the balance of the people who have gone to health care.Gov and bought insurance in Virginia. Our medicaid hospitals of last resort, uva and across the street at cvu, have experienced a reduction in uncompensated area and reduce of bad debt because of the law. Pharmacy rebates in Virginia for enrollees in medicaid managed care will exceed $157 million in fy18 because of omabacare, that's 157 million pharmacy dollars and benefits at stake in the debate in Washington. Bam care has also given us an opportunity to expand mental health coverage. We could have done much more but we decided to expand medicaid here on a 50-50 basis to address our widely acknowledged underinvestment in health care. We are all proud of that, we all talk about that. Medicaid is the primary payor for behavioral health in our commonwealth. It pays for two-thirds of nursing home patients, and for community-based waiver services for almost 50,000 elderly and id and dd individuals, and some 1 million virginians -- we have 8.2, but 1 million virginians receive health care or long term care services in fy16 at a cost of $9 billion. More than half of that coming from the federal government and nongeneral funds. Due to our physically --o fiscally conservative approach over the years, Virginia medicaid -- I 'm suffering from gab problems, you know. Living in that building, it's a killer.
[Unknown]
[laughter]
[Unknown]
$9 billion, more than half come from the federal due to our fiscally government. Conservative approach, medicaid is growing more slowly than most other states and the majority leader mentioned the jlarc study. I really do refer that to your attention. It made some, what I would consider small recommendations to help improve a $9 billion program that we are going to have to actually help fund in this year if they can do those things. Our staff at dmas manages a $9 billion effort with 2.4% of the revenues. They need more help to do more. And they want to do that. So we are hoping to make we can't waste any money. Government more efficient. Nobody on this side of the aisle wants to waste money. We want to make sure we are getting value for the dollar and we are protecting and serving the Virginia public here. So the main point of the jlarc study is that the growth in our medicaid program, which has been substantial, is it due to the fact thatry is serving more people. It's not from frawd, waste and abuse. That's what the main conclusion from the study points out. We are serving more people. And the growth of our program mirrors the growth nationwide one way, perhaps the primary way, we have controlled the cost per individual is using managed care. By 2016, two-thirds of our medicaid recipients received care through a commercial managed care company. If you didn't know it, you will probably know this in the next year or so, because I think there will be some squealing, we are soon moving to a mandate that our long term care patients are managed care as well. In 2017, we will transition 213,000 enrollees with complex health care needs from fee for service to managed care. It is my hope that managed care will free up even more money so that we can meet many of the pressing needs. Our current disability waiver programs have a waiting list today, this is important, of 11,000 families, waiting for our help. Eleven thousand families, waiting for help with their disabled child. So why am I talking about this? Because the federal government has been our partner. And this partnership is under scrutiny. The campaign is over. The very same demographics and population trendsry are experienceso experringsingo experiencing are the country's as well. The difference is other states have not been as parsimonious as we have. Some say we are 48th in the cup. There's no question that the eligibility are the narrowest in the u.S. For the elderly, you have to be really sick to qualify for skilled nursing care. So Mr. Speaker, while we don't know what will come down from Washington, we do know that congressional leadership plans such as they will include a larger role for us. The federal government wants us to do more. They are going to send down money and allow us to spend less, more wisely, and that's the theory. It's a good campaign speech, but we can't really spend less overall in the face of the demographics staring us in the face. Sure, there's always a way to handle something better. We should work to be more efficient like we do in my company, continuous improvement. But as jlarc recently found, we are only nibbling around the edges. Block granting, which every plan, you hear from Washington, includes, block granting medicaid to the state, especially our history, is a frightening possibility. In the past, federal block grants have been based on historic funding and participation levels. That's why today you talked about pnit earlier. The money we get was money we were spending in 1994 when congress passed welfare reform. It's the sail money. So it's not too late, Mr. Speaker, to work with our governor to send down a plan while we are here to put us in the best position for the coming federal investment. It's not a small thing. Billions of dollars. We are not talking about just $8 billion at stake here. We should not lock into our unusual position of being part of the south that funds the rich states. Right now, our taxpayers are paying taxes to support the health care system, and we are not bringing the money back to the state, and we are helping to support a very -- or a more generous plans in new York and connecticut and illinois, all over the country. That's where our money is going today. So we need to protect ourselves from that. And so that brings me back to the gentleman from Charlottesville, it was a really nice letter. If you read it, he sent it to everyone last night, very nonpartisan, very nice. The gentleman is saying you, federal government, don't do it, don't block grant us, don't abandon our partnership and transfer your risk to us, and the letter was pretty nice, Mr. Speaker. And I hope people will sign it. But Mr. Speaker, if you decide to write something that's harder and tougher, I will be the first one to sign on the letter. Let's help stop the block granting in Washington, d.C. Thank you Mr. Speaker.
[Unknown]
[applause]
Bill Howell
The gentleman from Loudoun, Mr. Greason.
Tag Greason
Thank you Mr. Speaker. I fries the purpose of on introduction and an announcement.
Bill Howell
The gentleman has the floor.
Tag Greason
Thank you Mr. Speaker. Mr. Speaker, ladies and gentlemen of the House, joining us today on the grounds of the capitol are nearly 100 new truck and car dealers from across the commonwealth. These dealers are visiting us today to express their support for the franchise system that we have here in Virginia. And I would like to ask that we give them a nice warm House welcome.
[Unknown]
[applause]
[Unknown]
Thank you Mr. Speaker. An announcement. It's a little earlier than ever before. The basketball game for the Massie cancer center is upon us, next week, Tuesday. It's usually after crossover, much later, lots more preparation time, lots more time to talk trash about beating the Senate once again. But most importantly, a lot more time to raise money for this very, very worthy cause, the Massie cancer center. Last year with your help, we raised over $35,000 to donate to the cancer center. And we want to beat that number for sure.
[Unknown]
[applause]
[Unknown]
To do that, we need your help in donating funds. We need your help on the basketball court, we need your help supporting our pages as they cheer for us against the Senate. If you would like to play in the basketball game, please bring your name to me, let me know sometime today. We are trying to get our roster set in the next day or so. So if you could stop by and let me know if you want to be on the roster, that would be great. Number two, if you would like to make a donation, please bring check or cash by my office or here. We will make sure it gets put in the right spot for the donations. Your help and support, as lastly, Mr. Speaker, with always, we will defeat the Senate once again! Thank you Mr. Speaker.
[Unknown]
[applause]
Bill Howell
The gentlewoman from Bath, Ms. Byron.
[Unknown]
Thank you Mr. Speaker, I rise for a point of personal privilege.
Bill Howell
The gentlewoman has the floor.
[Unknown]
Thank you Mr. Speaker. Ladies and gentlemen of the House, last Friday, the Roanoke times published an editorial declaring House bill 2108, the most dangerous bill now pending before the general assembly. The editorial claims the legislation would prevent localities from providing broadband service and hurt economic development. In a coordinated effort, this editorial and other opinion pieces attacking House bill 2108 have been spread far and wide. As a patron of the bill, I have since received a torrent of e-mails literally from across the nation attacking me. The subject line of one of these e-mails read simply, I hope you and your family die of cancer.
[Unknown]
It didn't stop there, though. Those aligned and employed to defeat this legislation now have a facebook Page, and a website that is attacking me. One particular creative opponent of the bill has photo-shopped my image. Adding someone else's hand, making an obscene gesture. Now, Mr. Speaker, I realize just how disappointed the gentleman from Prince William, Delegate marshal, must have been to learn they failed to earn the distinction of having filed the most dangerous bill this session.
[Unknown]
[laughter]
[Unknown]
I know it's not for lack of trying, Delegate marshal, but he shouldn't give up just
[Unknown]
The gentlelady hasn't seen yet. My dear dog bill yet, has she!
[Unknown]
[laughter]
[Unknown]
There is one very big problem with the Roanoke times editorial. House bill 2108 doesn't do what they say it does. Not even close. In fact, I seriously doubt they took the time to read the bill. And the opponents of House bill 2108 are counting on the members of this House not reading the bill and understanding what it really does. House bill 2108, the Virginia broadband deployment act, comes directly from my experience and service, chairing the broadband advisory council. That's why the bill places a priority on delivering broadband access to those virginians who do not currently have it. This bill doesn't prevent the creation of a municipal broadband systems or public-private partnerships. Instead, the bill incorporates the best practices identified by the center for innovative technology, and it codifies taxpayer protection recommendations included in the state auditor's report on the Bristol Virginia utility. Very similar to recommendations that we've seen recently dealing with other authorities and agencies within this commonwealth. These protections will prevent a repeat of the costly mayes takes -- mistakes, $80 million worth of mistakes, made in that effort. But the opponents of this bill are hoping you won't be confused by the facts. Engaging in over the top tactics and the politics of personal destruction, their current lobbying efforts are not in good faith. They have chosen to sling mud first and hope that no one will take the time to learn the truth. The Virginia chamber of commerce, the northern Virginia technology council, the Virginia association of realtors, the home builders association of Virginia, and the northern Virginia chamber of verse are all supporting House bill 2108. Lawmakers with whom I 'm honored to serve on the broadband advisory council support this bill, also. Those who know this issue best, who know the importance of expanding broadband to areas that don't currently have it, who know how essential broadband is in access to economic growth, support the Virginia broadband deployment act. Despite their caustic editorial last week the Roanoke times consented to have a column from one print today's edition. I urge the members of this House to take a few moments to read that House. Mr. Speaker, having worked and fought for years to expand broadband access to every virginian, we can't afford to let those spreading misinformation prevail on an issue as important as this one. I respectfully ask the members of this House to take the time to learn the facts and join me in civil discourse as we should all do on the broadband advisory council in supporting House bill 2108. Thank you Mr. Speaker.
[Unknown]
[applause]
[Unknown]
Sergeant at arms.
[Unknown]
Mr. Speaker, a message from the Senate .
Bill Howell
The gentleman from --
[Unknown]
Finally, right? Mr. Speaker, I 've been directed by the president of the Senate to inform the House delegates the Senate has agreed to House joint resolution number 782.
[Unknown]
Thank you.
[Unknown]
Thank you sir.
[Unknown]
Thank you.
Bill Howell
The gentlewoman from Fairfax, Ms. Filler-corn.
[Unknown]
I rise for an introduction.
Bill Howell
The gentlewoman has the floor.
[Unknown]
Thank you Mr. Speaker. I think in the gallery we have some visitors. We have us members of the springfield democratic committee. If you all would stand, please. The they are responsible for grassroots operations, event organizing, for the democratic party in the springfield district. Springfield encompasses Fairfax station, burke, clifton, Fairfax -- fax Fairfax and west springfield, the magisterial district consists of 123,000 residents and about 82,000 registered voters. I thank this group for all the hard work they do. If we could give them a warm House welcome.
[Unknown]
[applause]
[Unknown]
We are pleased to have the visitors with us today. We thank you for taking time to come to the capitol.
Bill Howell
The gentlewoman from Chesterfield, Ms. Robinson.
[Unknown]
Mr. Speaker, I rise for an introduction?
Bill Howell
The gentlewoman has the floor.
[Unknown]
I'm not sure if they're in the gallery or somewhere else around the grounds right now, but I would like to recognize opto him tre colleagues visiting the capitol. There are 100 doctors of opto him me advocating quality eye care and detection of disease. You will recognize them this afternoon around the capitol by their blue eyeball pens. Thank you. >>
Bill Howell
The gentleman from Arlington, Mr. Lopez.
Alfonso Lopez
Thank you Mr. Speaker, I rise for an introduction.
Bill Howell
The gentleman has the floor.
Alfonso Lopez
Thank you Mr. Speaker. In the gallery today are several folks from bacalau, Virginia coalition of latino organizations. I would ask them to rise.
[Unknown]
We've got hundreds of bacalau members from around Virginia here today. Bacalau is the organization that's an umbrella for dozens of latino groups up and down the coast, up and down the corridor, from Chesterfield to Bristol to Arlington to every point in between. And they are led by folks like beach, amberman, walter tejada. Lenny gonzalez and director edgar yannick. They do incredible work across the commonwealth and I hope it's in the body to welcome them and give them a rousing round of applause.
[Unknown]
[applause]
[Unknown]
Very pleased to have all the visitors with us today and we thank you for taking the time to come visit your capitol.
Bill Howell
The gentleman from Manassas, Mr. Miller.
Jackson Miller
Mr. Speaker, I rise for an
Bill Howell
The gentleman May proceed. Introduction.
Jackson Miller
Mr. Speaker, ladies and gentlemen of the House, today in the gallery, we have members of the Virginia hospital and health care systems, if they would stand up for a moment.
[Unknown]
I see a few from novant in Prince William County, as well as others. Mr. Speaker, the local hospitals and health care systems in the commonwealth of Virginia are aligned with over 700 hospitals and 30 member health systems across the commonwealth of Virginia. Ladies and gentlemen, these hospital systems employ over 115,000 of our fellow virginians directly. That doesn't even include the spinoff jobs that are around these hospitals. They are good paying jobs that generate over $36 billion of economic activity here in the commonwealth of Virginia. Ladies and gentlemen, I 'd like to extend a very friendly House welcome to the men and women from the Virginia hospital and health systems association.
[Unknown]
[applause]
[Unknown]
We welcome the visitors with us today. Thank you for all that you do for the commonwealth.
Bill Howell
The gentlewoman from Richmond city, Ms. Mcquinn.
[Unknown]
Thank you Mr. Speaker. Mr. Speaker, I rise for an introduction.
Bill Howell
The gentlewoman has the floor.
[Unknown]
Thank you. Mr. Speaker, members of the House, I rise for an introduction of those who are in the gallery today and ask that they would stand at this time. These are children, the children home society of Virginia. They have been serving children in our commonwealth for 117 years. They have created adoptive families for more than 13,000 children as they and other agencies offer a continuum of trauma-informed services designed to create strong, permanent families for vulnerable children and youth n partnerships with the children's' home society, a coalition that changes lives through high quality and affordable housing, also the voices of Virginia children champions public policy that improves the lives of Virginia children, today, they are here, united behind the support for a continuum of funding of foster futures, which is in the governor's budget and provides transition services for youth who age out of Virginia 's foster care system. Please, join me in welcoming the children homes society of Virginia, the better housing coalition, and voices for Virginia children. Thank you!
[Unknown]
[applause]
Bill Howell
The gentleman from Franklin, Mr. Poindexterter. -- Poindexter. >> Thank you. >> Thank you Mr. Speaker. I rise for an introduction.
Bill Howell
The gentleman has the floor.
[Unknown]
Thank you Mr. Speaker. And Mr. Speaker, ladies and gentlemen of the House, we have a delegation with us today from the Smith mountain lake chamber of commerce, led by executive director vicky gardner. I would like to ask them to stand and on behalf of Delegate Byron and Adams, I would certainly like to well cem them and host them today. I know we think of Smith the lakes as 22,000 acres of water and miles of shoreline and great recreation and retirement homes and great golf courses and all that, but we've developed a tremendous business community up there. In fact, a whole new town, unincorporated at this time, but larger than a regular county seat over the last 50 years. We have a very vibrant chamber, seven or 800 members, with members from Roanoke, Lynchburg, Bedford County, pennsylvania county and Franklin County. They do a great job for us up there and put on a great 50th year celebration last year. Ladies and gentlemen of the House, I 'd like to give the Smith mountain lake chamber a very warm welcome from the House of delegates today.
[Unknown]
[applause]
[Unknown]
Delighted to have the visitors from Smith mountain lake with us today, thank you for coming.
Bill Howell
The gentleman from Fairfax, Mr. Bulova.
David Bulova
Thank you Mr. Speaker. I rise for an introduction.
Bill Howell
The gentleman has the floor.
David Bulova
Thank you Mr. Speaker. Ladies and gentlemen of the House, in behalf of myself and also Delegate Austin, I wanted to welcome representatives of the Virginia water resources research center located at Virginia tech, led by research associate allen raflo, and intern aaron turny, a constituent of Delegate Austin 's. If I could have them stand, please. I know we all in this body appreciate and recognize the importance of making sure that awfully our polices are ground good science and especially when it comes to protecting our precious water resources. These are the folks who not only do the research, but they also do the facilitation and collaboration to make sure that that information gets into the hands of policymakers like us here in this body. For those of you who haven't taken advantage of their services, I hope that you will do so. They are a great group of folks. So if we can give them a warm House welcome. Thank you.
[Unknown]
[applause]
[Unknown]
Thank you Mr. Speaker. I rise for a point of personal privilege and introduction.
Bill Howell
The gentleman has the floor.
[Unknown]
Mr. Speaker, as you know, the Virginia ymca annually sponsors the model general assembly here at the capitol. It this year marks the 70th anniversary of the model general assembly which will be held between March 23-25. Since 1948, the model general assembly program has allowed virginians, countless thousands of them to, learn about the law making process and participate in civil discourse. I would say like -- I wouldn't say like we do here, but you know, some days, maybe we do that. I can certainly attest to the value of the program, as can delegates bronx only, Habeeb, as did some of our Senate colleagues. Anyway, if anybody in the body ever gets an opportunity to come and assist the youth with that process, I think you get as much out of it as they do. It's quite remarkable to watch that at work and watch them learn and grow in such a short span of time. We are joined in the gallery today, if they would rise, the six members of the general assembly who represent the elected leaders elected by their peers, hundreds of young virginians to represent them. I'm going to breach protocol slightly in introducing them individually in that they are elected dignitaries at the capitol. First is youth governor mark john tan, elijah arcet from east side, together zach lingel, broad water academy, House speaker wesam must aftera, wakefield high school, pro tem aaron clay, hb woodlawn high school, Senate president pro tem sierra genestit from arcadia high school. If you would give our young elected youth leaders a warm House welcome.
[Unknown]
[applause]
[Unknown]
We are truly delighted to have you with us today. Ihood the chance to meet with the speaker and the speaker pro tem earlier and they are measuring my drapes right now! Just going to see how things look! But I 'm sure we will be seeing you more in the years to come. Thank you very much for your -- for your participation in the program.
[Unknown]
The sergeant at arms.
[Unknown]
Mr. Speaker, message from the Senate .
Bill Howell
Gentleman from Rockingham .
[Unknown]
Mr. Speaker, I 've been directed by the president of the Senate to inform the House of delegates that an execution of the joint order pursuant to House joint resolution 782, nominations, have been made by the Senate for certain judicial offices and for other offices of the commonwealth as listed in the attached papers.
[Unknown]
Thank you.
[Unknown]
The clerk will announce any moves that have been made.
[Unknown]
Mr. Speaker, several move requests. On Page three of the printed calendar, House bill 1538, House bill 1538, patron Delegate LeMunyon, requested to be moved to the regular calendar by Delegate tow can oavment also turning ahead to Page six, not an active bill for today's purposes, but House bill 1567, on Page six of the printed calendar, Delegate Orrock, requested by him to be moved to the regularical dor for purposes after floor amendment.
[Unknown]
And Mr. Speaker, I 'm not aware of any --
[Unknown]
Pursuant to House rule 30, the journal shall reflect the following members are away on pressing personal business and are granted leave for today's session, delegates Kory and Krizek and the time has arrived for the joint order and the House is ready to proceed with the execution of House joint resolution 782. Nominations are now in order for a judge of the court of appeals of Virginia. The clerk will record a resolution.
[Unknown]
Resolution number 307 nominate ago person to be leaght dollars to the court of appeals of Virginia .
[Unknown]
Are there further nominations?
[Unknown]
The chair here hears none. As many as favor that motion will say aye, those opposed, no. The resolution is agreed to.
[Unknown]
Nominations are now in order for the judges of the judicial circuit. The clerk will record a
[Unknown]
House resolution number resolution. 308 nominating persons to be elected to circuit court judgeships.
[Unknown]
Are there further nominations? Chair hears none. As many as favor adoption of resolution say aye, those opposed, no. The resolution is agreed to.
[Unknown]
Nominations are now in order for judges of the general district courts.
[Unknown]
The clerk will record a resolution.
[Unknown]
Resolution number 309, noimnating persons to be elected to general district court judgeships.
[Unknown]
Are there further
[Unknown]
The chair hears none. Nominations? As many as favor adoption of the resolution will say aye.
[Unknown]
Those opposed, no. The resolution is agreed to.
[Unknown]
Nominations are now in order for judges of the domestic relations district courts. The clerk will record a resolution.
[Unknown]
House resolution number 310 nominating persons to be elected to juvenile and domestic relations district court judgeships.
[Unknown]
Are there further nominations?
[Unknown]
The chair hears none. As many as favor adoption of the resolution will say aye, those opposed, no. The resolution is agreed to.
[Unknown]
Nominations are now in order for members of the judicial yiry and review commission. The court will record a resolution.
[Unknown]
House resolution number 311, nominating persons to be elected as members of the judicial inquiry and review commission.
[Unknown]
Are there further nomination? The chair hears none. As many as favor adoption of the resolution will say aye, those opposed, no. The resolution is agreed to. Nominations are now in order for member of the Virginia worker's compensation commission. The clock will record a resolution.
[Unknown]
House resolution number 312, nominating a person to be elected to the Virginia worker's compensation commission.
[Unknown]
Are there further nominations?
[Unknown]
The chair hears none. As many as favor adoption of the resolution will say aye, those opposed, no. That resolution is agreed to. Nominations are now in order for the auditor of public accounts, the clerk will record a resolution.
[Unknown]
House recent russian 3113, nominating persons to be elected as auditor of public
Bill Howell
Are there further accounts. Nominations? The chair hears none. As many as favor adoption of the resolution will say aye, those opposed, no. That resolution is agreed to. The gentleman from Richmond city, Mr. Loupassi, will advise the Senate of the nominations made by the House
Manoli Loupassi
The House will be at ease.
[Unknown]
[House at ease] >>
Manoli Loupassi
[gavel] the House will come to order. Members, please take your seats. >>
[Unknown]
Block crueling -- ruling for judges and other officials will commence. Those in favor of the nominee for judge of the court of appeals of Virginia as noted in House resolution 307 for a term eight years commencing on the dates specified will vote yes.
[Unknown]
Those in favor of the nominees for judges of the circuit courts as noted in resolution three 08 for terms of eight years commencing on the dates specified will vote yes. >>
[Unknown]
The clerk will close the
[Unknown]
Those in favor of nominees roll. For the judges of the general district courts as noted in House resolution 309 for terms of six years commencing on the dates specified will vote yes. >>
Bill Howell
The clerk will close the roll.
[Unknown]
Those in favor of the nominees for judges of the judicial and domestic relations district courts as noted in House resolution 310 for terms of six years commencing on the dates specified will vote yes. >>
Bill Howell
The clerk will close the roll.
[Unknown]
Those in favor of nominees for members of the judicial inquiry and review commission as noted in House resolution 311 for terms of four years commencing on the dates specified will vote yes.
Bill Howell
The clerk will close the roll.
[Unknown]
Those in favor of the nominee for a member of the Virginia worker's compensation commission as noted in House resolution 312 for unexpired term commencing February 1st, 2017 and ending January 31, 2020, will vote yes.
Bill Howell
The clerk will close the roll.
[Unknown]
Those in favor of the nominee for auditor of public accounts as noted in House resolution 313 for a term of four years commencing on the dates specified will vote yes. >>
Bill Howell
The clerk will close the roll. >>
[Unknown]
Mr. Speaker, appoints Delegate Albo, lou paso and Watts, the report of each House in each case.
[Unknown]
The House will be at ease.
[Unknown]
[House at ease] >>
Bill Howell
The House will come to order, the joint order under 782 will be resumed, the gentleman from Richmond city, Mr. Loupassi.
Manoli Loupassi
Mr. Speaker, I 'm pleased to report that the committee to count the vote of each House met, and the nominees fulfilled the criteria for election. Amove that the reading of the report be waived.
[Unknown]
Shall the reading of the report be waived?
Manoli Loupassi
She's outrunning you! >>
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 95, nos, zero.
[Unknown]
Ayes 95, nos, zero, the reading of the report is waived.
[Unknown]
The clerk will call the calendar.
[Unknown]
Sure you want to read that? I thought we waived it.
[Unknown]
Having received a a a majority of the votes House. Eve is declared duly elected as the judge of the court of appeals for a term eight years commencing on the date specified.
[Unknown]
The judges previously moment national having received a majority of votes cast by the members elected to each House are declared duly leaght dollars judges of the circuit court of the appropriate ju icial -- judicial sir county on the date specified, those judges previously nominated having received a a imagineo majority of the votes cast are elected duly elected judges of the district court of the appropriate judicial district for army testify six years, commencing on the date specified.
[Unknown]
Those judges previously nominated having received a majority of votes cast by members elected by each House are declared judges of the domestic relations court for terms of six years commencing on the date specified.
[Unknown]
Robert allen rapa port having received a majority of the votes cast is declared duly elected as a members of the Virginia works commission for an unspired term commencing February 1st, 2017 and ending January 31, 2020. Martha said widge mavertheis,ing is received a emergencyority of the votes cast by the two hows of the general assembly is declared duly elected as auditor of the public accounts commencing on the date specified.
[Unknown]
Now the clerk will call the calendar.
[Unknown]
Calendar for today, Wednesday, January 18, 2017. First order of business, House bill on third reading uncontested calendar, House bill 1571, a bill to amend and reenact a section of the code of Virginia and abilities of assembly related fees for medical services, to worker's compensation, emergency.
[Unknown]
Shall the bill pass?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 96, nos, zero.
[Unknown]
Ayes 96, nos, zero, the bill is passed.
[Unknown]
Next category of bills, House bill on third reading regular calendar, House bill 1582, a bill to amend and reenact several sections of the code of Virginia relating to concealed handgun permits, age requirement for person on active military duty.
[Unknown]
Mr. Speaker?
Bill Howell
The gentleman from Fairfax, Mr. Simon.
Marcus Simon
Mr. Speaker, speaking to the bill?
[Unknown]
Speaking to this bill?
Marcus Simon
Yes, sir.
Bill Howell
The gentleman has the floor.
[Unknown]
Mr. Speaker, I didn't want to do a rebuttal yesterday. I spoke to this bill yesterday. I realize that. Then there were speeches made afterwards. I didn't want to do rebuttal because I knew I 'd have to opportunity to speak one last time before on this bill. I wanted to respond to a couple of things we heard yesterday. First no soldiers came asking for this bill. We had righteous indignation, telling these soldiers they couldn't have their rights to protect themselves. That was not what this bill was about or the origin of this bill. Nobody said I 'm 19, enlisted service and can't get my conceal carry permit. That's not what this was about. This is bill about, again, getting us to university reciprocity and no permit carry. You guys want no permits. You want carry everywhere. You see this as the next step towards that. I see that the same way, that's the reason I am opposed to this bill. Finally, speaking of reciprocity, how about we get some reciprocity? To you all, this is just a simple bill, just fixing the code, it's just clean-up, it's the common sense bill. I'm going it tell you, we've introduced a lot of common sense bills on the issue of gun violence prevention that are common sense, that are widely supported, that really don't do a whole lot but we keep being told it's the first step down a slippery slope which we can't get started on because you all have some sort of hidden agenda to take everyone's guns away. We don't have an agenda. We want common sense gun violence prevention. The patron stated it, it's guns everywhere. That's why I 'm opposed to this. I hope it would be the pleasure of the body to vote no on the bill.
Bill Howell
The gentleman from Manassas, Mr. Miller.
Jackson Miller
Mr. Speaker, speaking to the sphwhil.
Bill Howell
The gentleman has the floor.
Jackson Miller
Mr. Speaker, I would just say that there's probably quite a few soldiers that spoke in favor for this bill, including the one that got up and spoke about it yesterday. And I would say that there's probably quite a few virginians that are 18, 19 or 20 years old in the commonwealth of Virginia that know there are certain legislators that would actually listen to them on this issue, so I would encourage the members to vote for the bill.
[Unknown]
Shall the bill pass?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 78, nos 19.
[Unknown]
Ayes 78, nos 19, the bill is passed.
[Unknown]
Continuing with today's calendar, next category, House bills on second reading uncontested calendar, House bill second reading uncontested, first up in the block, House bill 1471, a bill to amend and reenact several sections of the code of Virginia relating to credits allowed for reinsurance, bill was reported to the committee on commerce and labor.
Bill Howell
The gentleman from Powhatan, Mr. Ware.
Lee Ware
Thank you Mr. Speaker, Mr. Speaker, ladies and gentlemen of the House, House bill 1471 comes at the request of the bureau of insurance of the state corporation commission and would allow the sec bureau of insurance in dealing with reinsurance credits adopt the revisions to the credit for reinsurance law adopted by the national association of insurance commissioners. It would allow them to specifically add additional requirements related to the valuation of assets or reserve credits, amount and forms of security supporting reinsurance arrangements, and the circumstances under which credits can be reduced or the measure has been shared eliminated. With the industry, we are aware of no opposition, and I would ask the members to engross the bill and pass it to its third reading.
[Unknown]
Continuing with the block, turning to Page three of the printed calendar, House bill 1521, a bill to amend and reenact a section of the code of Virginia relating to conformity of the common law taxation system, united states revenue code, emergency, bill was reported from committee on finance.
Lee Ware
The gentleman from Powhatan, Mr. Ware.
Lee Ware
Thank you Mr. Speaker. House bill 1521 is the annual tax conformity bill. It will continue to keep Virginia 's alignment with the federal tax code which simplifies the work of tax preparers and those virginians who prepare their own taxes. It simply moves the date forward. As you will note the only change in the legislation as we go from 2015 to 2016. The only tax provision that was passed by the federal government this year was a bill which would allow Virginia to conform -- or provided for that olympians and para olympians would not be taxed on the medals that they won at the olympics.
[Unknown]
[applause]
Lee Ware
I know you are cheering for those olympians. And I actually have a former student myself who won a gold medal in swimming this year, so I 'm delighted to have this. This bill does have an emergency clause, so it will require 80 votes. I hope you will help all tax preparers and probably yourselves by supporting House bill 1522, engross it and pass it to its third reading.
[Unknown]
House bill 1538, moved to the regular calendar.
[Unknown]
Shall the bills be engrossed and passed to the third reading. As many as favor that motion will say aye, those opposed, no. That motion is agreed to.
[Unknown]
Continuing with today's calendar, next category, House bills on second reading, regular calendar, House bill second reading, regular, first up, House bill 1394, a bill to amend and reenact a section of the code of Virginia relating to the status of a franchisee and its employees as employees of the franchisor. Report from the committee on commerce and labor with an amendment.
Bill Howell
The gentleman from Botetourt, Mr. Head.
Chris Head
Mr. Speaker, I move the committee amendments.
Bill Howell
Question is on adoption of the committee amendment, as many as favor that motion will say aye, those opposed, no. The amendment is agreed to. The gentleman from Botetourt .
Chris Head
House bill 1394 is a very simple bill that simply states that the employees of an individual franchisor franchisee are not employees of the franchisor. This bill comes to us from the international franchise association and of course has their support as well as the support of the national federation of independent businesses and Virginia chamber of commerce and many other business groups. Across the country, nine states have already enacted laws very similar to this bill, tennessee, texas, louisiana, michigan, wisconsin, indiana, georgia, utah, and oklahoma, and a lot of others are considering it this year in their legislative sessions. I hope it will be the will of the body to engross the bill and pass it to its third reading.
Bill Howell
The gentleman from fair faction, Mr. Sickles.
Mark Sickles
Thank you Mr. Speaker. I rise to speak to the bill.
[Unknown]
The gentlemans from the floor.
Mark Sickles
Thank you Mr. Speaker, ladies and gentlemen of the House, if I 'm a squirrel, I can't call myself a chipmunk, because I 'm still a squirrel, and that's what this bill does, it declares I 'm a chipmunk now. How is this issue handled in the courts today? There's a factual basis for this. You have to build a case that the franchisor is actually the employer. There's a way to do that. Maybe some of the lawyers in the room have tried these cases, but they are all different. The courts evaluate the actual nature of the franchise relationship to assess the level of operational control that a -- of a franchisor. You look at factors like the that's what happens. Power of the flan chiezor -- franchisor to hire and fire, supervise and control the work schedule, conditions of employment, rate and method of pay, and to manage employment records. And if the facts determine that the franchisor is actually the employer, that's what they are, the employer. So this just says if you call yourself a franchisor, you are a franchisor. Well, you have to look at the facts in each case. That's why I would urge the body to oppose this bill.
[Unknown]
Mr. Speaker?
Bill Howell
The -- I 'm going to get back to you in a minute. There are people ahead of the gentleman from Virginia you. Beach, Mr. Davis.
Glenn Davis
Thank you Mr. Speaker. I rise to speak to the bill.
Bill Howell
The gentleman has the floor.
Glenn Davis
Thank you. Mr. Speaker, we heard briefly during morning hour what some May call it the most dangerous bill this year. I would tend to disagree. But I would argue this is probably one of the most important bills that are going to come in front of us this year. You see, with we are expecting a 1.7% increase in the franchise industry this year, there's going to be 9.1 million jobs created by the franchises nationwide. Yno cnbc in March spoke about and discussed that because of this lack of clarity, because of these joint employer relationship, that we are threatening some of those economic opportunities. You heard me talk about it a little last year, but let me explain what this does. When I was a franchisor of 143 franchise territories around the u.S., we had small owner-operators. Owner, plus one, two employees, and they wanted to give health care benefits, and other benefits to their employees, but they couldn't create the big plans, so I went to our attorneys and said let's do it for them. Unfortunately, my attorneys couldn't figure out through lack of clarity whether or not if I did this, whether I would then become the employer of record and liable for all this other stuff. And it's that lack of clarity that's causing the problem. And as a number of franchisees out there in Virginia, unable to provide health care benefits, retirement benefits, and other things to their employees, so let's for the sake of giving people health care like the other side of the aisle talked about, let's support this bill, grow small businesses and grow that economy. Thank you Mr. Speaker.
[Unknown]
[applause]
Bill Howell
The gentleman from Prince William, Mr. Marshal.
Bob Marshall
Thank you very much. Mr. Speaker, would the gentleman from Fairfax, who is representing alvin, theodore, and others, resume the floor for the purpose of the question?
[Unknown]
Will the gentleman yield?
Bob Marshall
Mr. Speaker, I yield. Reluctantly.
[Unknown]
The gentleman yields.
[Unknown]
What is wrong with the definition that the gentleman is offering? I mean, I don't understand why that, per se, is a problem, if it promotes clarity.
[Unknown]
Well --
[Unknown]
At least for us, anyway.
[Unknown]
Right. Each case -- you know, I think 99 percent, 95 percent, 90 percent of franchisor-franchisee relationships are clear on their face, people know what they're signing up for, they have a contract, this kind of thing. But sometimes there's a dispute. So you can't pass a law and just say I 'm a franchisor, the dispute is not there anymore. You have to litigate on the facts. That's all I 'm saying, Mr. Speaker.
[Unknown]
I thank the gentleman on behalf of the chipmunks.
[Unknown]
[applause]
Bill Howell
Shall the bill pass? I'm sorry, shall the bill be engrossed and passed to the third reading.
[Unknown]
As many as favor that motion will say aye, those opposed, no. The motion is agreed to.
[Unknown]
Continuing with House bill, second reading, regular calendar, returning to Page three of the printed calendar, House bill 1538, a several sections of the code bill to amend and reenact of Virginia relating to higher education. The bill is reported from the committee on education, with an amendment, and Mr. Speaker, there is a floor amendment as well.
Bill Howell
The gentleman from Fairfax, Mr. Lemunyon.
Jim LeMunyon
Thank you Mr. Speaker. I move adoption of the committee amendment.
Bill Howell
The question is on adoption of the committee amendment. As many as favor that motion will say aye, those opposed, no. The committee amendment is agreed to.
Jim LeMunyon
The clerk will record a
[Unknown]
Floor amendment offered to floor amendment. The introduced version by Delegate Simon, on line 949, line 949, after the word "sex", insert "sexual orientation, gender identity".
[Unknown]
Mr. Speaker, point of order?
Bill Howell
Gentleman from Caroline, Mr. Orrock.
Bobby Orrock
My point of order would be speaking to the amendment before us. When I look at this section, 21, 35r9 of -- part of this bill, there was no change made to that entire section except a minor word change from the retirement program to retirement plan. Given certain changes that have occurred within the vrs. There are absolutely no changes embodied in this bill relative to terms or conditions of employment, and given that it was never embodied in this measure, would the speaker not concur that the proceed pooed amendment goes beyond the original scope of the legislation and therefore is not properly before us?
Bill Howell
The gentleman from Fairfax, Mr. Simon?
Marcus Simon
Mr. Speaker, I think that it's very germane, I think the purpose of a code commission bill as I understood it, we had a bunch of bills refer to the code commission last session, was to look at issues of modernizing the code. In fact part of the mission of the code commission is to delete and update obsolete provisions of the code. My argument would be this code section is just obsolete and today's date, modern aye day and eaj, most are under discrimination clause, most include sexual orientation and identity. I think this is a perfectly appropriate change to make in a code commission bill and I hope it be the will of the body to adopt the amendment.
[Unknown]
We probably ought to take a minute to talk about it. Why not come up here. >>
Marcus Simon
The bill introduced by the gentleman from Fairfax was a code commission change, change the word program to plan, and the gentleman from Fairfax 's amendment was a part of our policy decision, so I 'm going to rule that it is not properly before us. Shall the bill pass?
[Unknown]
We have the committee amendment, I think.
Bill Howell
Oh, okay, I 'm sorry. I'm sorry. Shall the bill be engrossed and passed to the third reading? We can talk about it tomorrow. As many as favor that motion will say aye, those opposed, no. The bill is engrossed and passed to the third reading.
[Unknown]
Continuing with today's calendar, last category, resolution, regular calendar, resolution, regular calendar, House resolution 268, designating January 22 in 2017 and in each succeeding year as the day of tears in Virginia, report from the committee on rules, with a substitute.
Bill Howell
The gentleman from rock ridge, there. Klein.
[Unknown]
I have a committee substitute.
[Unknown]
Question is on adoption of the committee substitute, those opposed, no, as many as favor that motion will say aye.
[Unknown]
This simply reflects the work of a nonprofit located in Waynesboro, Virginia, the dave tears foundation. Its goal is to promote the recognition of January 22, which is the anniversary of the roe v. Wade decision in 1973, and encourages individuals to express their support for life by lowering their flags to half staff. It is amended to change the designation of January 2nd, 22 nrksd as being called the day of tears. The substitute recognizes January 22 as the day of tears in Virginia and I hope it would be the pleasure of the House to adopt the resolution.
Bill Howell
The gentleman from Alexandria, Ms. Herring.
[Unknown]
Thank you, Mr. Speaker, speaking to the resolution.
Bill Howell
The gentlewoman has the floor.
[Unknown]
Thank you. Mr. Speaker, members of the House, before roe, women had abortions. Women of all classes and races faced denigration and humiliation when facing unintended or untenable pregnancies. I have great respect for the people who view the world differently than I do, and I take great pain toss put myself in their shoes before I speak in public or to the however, in this case, I can press. Not stand to sit here, and without standing, to comment. This is a way to attack the dignity and privacy of women who have made a choice regarding their own life and health. The toll that abortion took on women before roe was substantial. If tears must be shed it should be for those women who have been irreparably warmed themselves, who face whatever asking because they lack access to health care. Roe v wade have not increased the number of abortions. If this went away tomorrow, abortion would not disappear. We would only return to a state of danger and humiliation for women. One in three women will have an abortion by the time they are the age of 45. A woman's right to privacy and her own health care decision social security not something for which I can stand idly by when they are made to weaken by word or action. Thank you Mr. Speaker.
[Unknown]
Shall the resolution be adopted?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 57, nos 36.
[Unknown]
Ayes 57, nos 36, the resolution is agreed to.
[Unknown]
Mr. Speaker, that completes today's calendar.
[Unknown]
Does the clerk have any announcements or communications.
[Unknown]
Communications, Mr. Speaker. Followed by announcements. To the secretary of electoral board of accounting of Henrico and city of Richmond, Virginia, whereas a vacancy as occurred in the House of delegates during the 2017 session of the Virginia general assembly from the 71st House district in the county of Henrico and part of city of Richmond by jennifer l McClellan, pursuant to 21.216 in the code of Virginia, you are hereby required to cause an election to be held in this district on Tuesday February 7, 2017, Tuesday, February 7, 2017, for a member of the House of delegates to fill the vacancy pursuant to section 24.2-507 and 510 of the code, the last day for filing as a candidate for such office in said election shall be Tuesday, January 24 at 5:00 p.M. Last day for filing candidacy shall be Tuesday, January 24, 5:00 p.M. Speaker of the House, under the seal of commonwealth, this eight had day of January, 2017 and 241st year of the commonwealth, william j. House, cooper of the rolls of commonwealth.
[Unknown]
Mr. Speaker, looking ahead to this afternoon's legislative meetings, first up the appropriations committee will be meeting one half hour after adjournment on the ninth floor, appropriations room in the general assembly building. As soon as they are finished or at three, the appropriations acnr and technology subcommittee will be meeting in the ninth floor appropriations room, 3:00, once appropriations is finished. A half hour after adjournment courts of justice committee, meeting in House room c, courts -- courts, House room c. The criminal sub will meet immediately upon adjournment of the full committee in House room c. Across the Hall, courts committee's civil law sub will meet immediately upon adjournment of the full committee as well over in d. Later this afternoon, one hour after adjournment of the House, approximately 2:45, finance committee, subcommittee number one will meet. This is a change in time. Finance sub one in the fifth floor east conference room this afternoon. The finance subcommittee number two will meet at 4:00 this afternoon in House room d, down on the first floor of the general assembly. Also, at 4:00, agricultural, natural resources, natural resources subcommittee will be meeting today at 4:00 in the eighth floor west conference room, in the general assembly building. Also, at 4:00, counties, cities and towns, subcommittee number two will be meeting in the seventh floor west conference room. Today's hwi subcommittee number three, that meeting has been canceled. So the last piece of business this afternoon, the rural caucus will meet at 5:00 in the third floor east conference room.
[Unknown]
Looking ahead to tomorrow, Thursday, January 19, 1st up, legislative sportsman caucus, 7:00 a.M. In the sixth floor speaker's conference room, gab, also at 7:00, transportation committee, subcommittee number three, will meet in House room c at 7:00 in the morning. At 7:30, militia, police and public safety subcommittee number two will meet in the fourth floor west conference room, again, 7:30. The new americans caucus will meet at 8:00 in the seventh floor west conference room. The Hampton roads caucus will meet at 8:00 in the sixth floor speaker's conference room. Continuing with legislative business, transportation committee will meet in House room c at 8:30 a.M., regular time, health, welfare and institutions committee will meet across the Hall at the same time, 8:30 in House room d. Upon adjournment of the hwi committee, subcommittee number two will meet in House room d. Tomorrow morning at 10:00, appropriations, public safety subcommittee will meet in the ninth floor appropriations roovment Mr. Speaker, democratic caucus, House room two at 11:15, republican caucus at 11:30 tomorrow downstairs in House room one. That completes the announcements I have at this time.
Bill Howell
The gentleman from sowf oak, Mr. Jones.
[Unknown]
Mr. Speaker, an announcement?
Bill Howell
The gentleman has the floor.
[Unknown]
As the clark noted we had the appropriations committee at 2:15. We have a presentation from secretary lane, a comprehensive overview of transportation, what's been done by this body in the general assembly in the last four years. Anyone who might have an to you attend. Interest, I would encourage
Bill Howell
Gentleman from fair a. Mr. Albo.
Dave Albo
Mr. Speaker, an announcement.
Bill Howell
The gentleman has the floor.
Dave Albo
Courts committee, House room c briefly to re-refer the bill. I cannot be there, so I 'm appointing Mr. Bell to be the chairman. Now, listen! If after today an illegal left turn signal becomes a felony with a mandatory minimum of five years, that's not on me, okay?
[Unknown]
[laughter]
[Unknown]
Mr. Speaker, I 'm sorry, tomorrow morning at 10:30, the conservative caucus will meet in the House media briefing room, 10:30. Apologize.
Bill Howell
The gentleman from Colonial Heights, Mr. Cox.
Kirk Cox
Mr. Speaker, I move that when the House adjourn it adjourn to reconvene tomorrow at 12:00 noon.
Bill Howell
The gentleman from Colonial Heights Mr. Cox moves when the House adjourn it revon convenience tomorrow at 12:00 noon. As many as favor that motion will say aye, those opposed, no. That motion is agreed to. The gentleman from Colonial Heights Mr. Cox.
Kirk Cox
I move the House do now adjourn.
[Unknown]
The gentleman from Colonial Heights Mr. Cox moves the House do now adjourn. As many as favor that motion will say aye, those opposed, no. That motion is agreed to. The House stands adjourned until 12:00 noon tomorrow. >> >>