01/27/2017 House Proceedings

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Index

HB1422—00:00:25
HB1512—00:00:35
HB1520—00:00:40
HB1592—00:00:12
HB1664—00:00:43
HB1680—00:00:12
HB1712—00:00:20
HB1727—00:00:20
HB1952—00:00:28
HB1965—00:00:17
HB1968—00:00:18
HB1969—00:00:22
HB1979—00:00:28
HB1982—00:00:53
HB2009—00:00:17
HB2014—00:00:15
HB2096—00:00:20
HB2106—00:00:28
HB2200—00:00:13
HB2230—00:00:40
HB2302—00:00:20
HB1440—00:00:58
HB1432—00:04:37
HB1402—00:03:11
HB1509—00:00:27
HB1678—00:03:21
HB1673—00:00:40
HB1678—00:01:21
HB1740—00:00:33
HB1753—00:00:40
HB1415—00:00:10
HB1825—00:06:51
HB1858—00:01:52
HB1974—00:01:06
HB2017—00:00:17
HB2306—00:00:33
Del. Mark Keam (D-Vienna)—00:13
Del. Bobby Orrock (R-Thornburg)—00:15
Del. Dave LaRock (R-Loudoun)—02:05
Del. Mark Levine (D-Alexandria)—00:35
Del. Scott Lingamfelter (R-Woodbridge)—00:05
Del. Tag Greason (R-Potomac Falls)—00:05
Del. Kaye Kory (D-Falls Church)—00:13
Del. Dickie Bell (R-Staunton)—00:20
Del. Bob Marshall (R-Manassas)—02:28
Del. Glenn Davis (R-Virginia Beach)—00:08
Del. David Toscano (D-Charlottesville)—00:23
Del. Lee Ware (R-Powhatan)—00:28
Del. Bobby Orrock (R-Thornburg)—00:23
Del. Dickie Bell (R-Staunton)—00:31
Del. Bob Purkey (R-Virginia Beach)—00:10
Del. Bobby Orrock (R-Thornburg)—00:17
Del. Matthew James (D-Portsmouth)—00:08
Del. David Bulova (D-Fairfax)—00:23
Del. Greg Habeeb (R-Salem)—00:07
Del. Tag Greason (R-Potomac Falls)—00:41
Del. Chris Collins (R-Winchester)—00:02
Del. Randy Minchew (R-Leesburg)—00:18
Del. Margaret Ransone (R-Kinsale)—00:15
Del. Greg Habeeb (R-Salem)—00:00
Del. Matt Fariss (R-Rustburg)—00:20
Del. Betsy Carr (D-Richmond)—00:10
Del. Chris Peace (R-Mechanicsville)—00:23
Del. Jimmie Massie (R-Richmond)—00:13
Del. Steve Landes (R-Weyers Cave)—00:41
Del. Chris Peace (R-Mechanicsville)—00:25
Del. Tag Greason (R-Potomac Falls)—00:48
Del. David Toscano (D-Charlottesville)—00:02
Del. Keith Hodges (R-Urbanna)—00:15
Del. Mark Keam (D-Vienna)—00:12
Del. Jackson Miller (R-Manassas)—00:15
Del. Tony Wilt (R-Harrisonburg)—00:10
Del. Cia Price (D-Newport News)—00:17
Del. Kathy Byron (R-Lynchburg)—00:43
Del. David Toscano (D-Charlottesville)—00:03
Del. Israel O'Quinn (R-Bristol)—00:08
Del. Ben Cline (R-Amherst)—00:08
Del. James Edmunds (R-South Boston)—00:11
Del. Mark Cole (R-Fredericksburg)—00:13
Del. Rich Anderson (R-Woodbridge)—00:16
Del. Dickie Bell (R-Staunton)—00:33
Del. David Toscano (D-Charlottesville)—00:15
Del. Lee Ware (R-Powhatan)—02:59
Del. Alfonso Lopez (D-Arlington)—01:27
Del. Steve Landes (R-Weyers Cave)—00:33
Del. David Toscano (D-Charlottesville)—00:08
Del. Steve Landes (R-Weyers Cave)—00:31
Del. David Toscano (D-Charlottesville)—00:10
Del. Steve Landes (R-Weyers Cave)—00:18
Del. Mark Sickles (D-Alexandria)—01:04
Del. David Toscano (D-Charlottesville)—00:00
Del. Lee Ware (R-Powhatan)—00:25
Del. Mark Cole (R-Fredericksburg)—00:41
Del. Roxann Robinson (R-Chesterfield)—00:22
Del. David Bulova (D-Fairfax)—02:15
Del. Roxann Robinson (R-Chesterfield)—00:25
Del. Scott Lingamfelter (R-Woodbridge)—00:36
Del. Roxann Robinson (R-Chesterfield)—00:08
Del. Alfonso Lopez (D-Arlington)—00:05
Del. Randy Minchew (R-Leesburg)—00:23
Del. Glenn Davis (R-Virginia Beach)—00:07
Del. Dave Albo (R-Springfield)—03:52
Del. Jason Miyares (R-Virginia Beach)—00:31
Del. Vivian Watts (D-Annandale)—00:08
Del. Dave Albo (R-Springfield)—00:05
Del. Bob Marshall (R-Manassas)—00:08
Del. Dave Albo (R-Springfield)—00:05
Del. Bob Marshall (R-Manassas)—00:08
Del. Dave Albo (R-Springfield)—00:02
Del. Greg Habeeb (R-Salem)—00:08
Del. Vivian Watts (D-Annandale)—00:43
Del. Alfonso Lopez (D-Arlington)—00:23
Del. Nick Freitas (R-Culpeper)—00:02
Del. Alfonso Lopez (D-Arlington)—01:04
Del. Nick Freitas (R-Culpeper)—00:02
Del. Joseph Yost (R-Blacksburg)—00:13
Del. Israel O'Quinn (R-Bristol)—01:02
Del. Ron Villanueva (R-Virginia Beach)—00:18
Del. Bob Purkey (R-Virginia Beach)—00:07
Del. Lashrecse D. Aird (D-Petersburg)—00:15
Del. Patrick Hope (D-Arlington)—00:08
Del. Scott Lingamfelter (R-Woodbridge)—00:02
Del. Patrick Hope (D-Arlington)—00:00
Del. Cia Price (D-Newport News)—00:05
Del. Kirk Cox (R-Colonial Heights)—01:37
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Minutes

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

Mace placed on Speaker's table by Sergeant at Arms

Prayer offered by Clark A. Price, President, Woodbridge Virginia Stake, The Church of Jesus Christ of Latter-day Saints

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

Attendance roll call - Quorum present

Leave of Absence granted: Delegate Morefield

Journal for Thursday, January 26, 2017, approved by the Speaker

Senate communication received
Senate joint resolutions agreed to: SJRs 250, 318, 320, 322, 324, 325, 326, 327, 328, 329, 330, 332, 333, 334, 335, 336, 337, 339, 341
House joint resolutions agreed to: HJRs 626, 631, 662, 663, 664, 665, 666, 681, 683, 718, 721, 722, 724, 726, 729, 730, 731, 732, 733, 734, 735, 736, 737, 738, 739, 740, 741, 742, 743, 746, 747, 753, 755, 756, 757, 758, 759, 760, 761, 768, 769, 770, 771, 772, 773, 774, 775, 776, 777, 778, 785, 813

Senate communication received
Senate bills passed: SBs 816, 825, 862, 1006, 1047, 1091, 1216, 1273, 1298, 1347, 1377, 1465, 1474

Committee reports
From Commerce and Labor: HBs 1542S, 1984 (referred), 2053S, 2233S
From General Laws: HBs 1475S, 1526S, 1556S, 1585, 1587A, 1694A, 1743S, 1869, 1988S (referred), 2025, 2029As, 2045S, 2090, 2274S, 2374S, 2418S, 2433
From Privileges and Elections: HBs 1399As, 1598, 1730, 1933S, 2179A, 2343S, 2364A, 2397S
From Rules: HJs 780, 784A, 793, 823

Motion by Delegate Levine to adjourn in honor and memory of the Holocaust victims and anyone else who has been killed on the basis of their religious beliefs agreed to

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

CALENDAR

HOUSE BILLS READ THIRD TIME
UNCONTESTED CALENDAR
HB 1426A - Passed Block Vote (Y-98 N-0)
HB 1484S - Passed Block Vote (Y-98 N-0)
HB 1615 - Passed Block Vote (Y-98 N-0)
HB 1747S - Passed Block Vote (Y-98 N-0)
HB 1761A - Passed Block Vote (Y-98 N-0)
HB 1919 - Passed Block Vote (Y-98 N-0)
HB 1929A - Passed Block Vote (Y-98 N-0)
HB 2022 - Passed Block Vote (Y-98 N-0)
HB 2214 - Passed Block Vote (Y-98 N-0)
HB 2241S - Passed Block Vote (Y-98 N-0)

HOUSE BILLS READ THIRD TIME
REGULAR CALENDAR
HB 1912 - Passed (Y-98 N-0)
HB 2019A - Passed (Y-97 N-1)

HOUSE BILLS READ SECOND TIME
REGULAR CALENDAR
HB 1628A - Passed by until Monday, January 30, 2017
HB 1852A - Passed by until Tuesday, January 31, 2017
HB 1660 - Rereferred to Committee on Education

MEMORIAL RESOLUTIONS ON THE SPEAKER'S TABLE
HJR 601 - Passed by for the day
HR 328 - Passed by for the day

COMMENDING RESOLUTIONS ON THE SPEAKER'S TABLE
HJR 558 - Passed by for the day
HJR 559 - Passed by for the day
HJR 815 - Passed by for the day
HJR 816 - Passed by for the day
HJR 817 - Passed by for the day
HJR 825 - Passed by for the day
HJR 826 - Passed by for the day
HR 327 - Passed by for the day

HOUSE BILLS READ FIRST TIME
UNCONTESTED CALENDAR
HB 1405
HB 1453S
HB 1494S
HB 1497S
HB 1504A
HB 1551S
HB 1741
HB 1750
HB 1763
HB 1785S
HB 1878S
HB 1885S
HB 1922
HB 2015
HB 2032A
HB 2075A
HB 2161A
HB 2162A
HB 2163S
HB 2164A
HB 2165A
HB 2167
HB 2229A
HB 2277
HB 2457S

HOUSE BILLS READ FIRST TIME
REGULAR CALENDAR
HB 1606A
HB 2201A
HB 2417A

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
The House will come to order. Members please take your seats. Sergeant at arms. The House is now in session. Those persons not entitled to the privileges of the floor will retire to the gallery.
Bill Howell
The members will rise and be led in prayer by the Reverend clark a. Price, president, woodbridge, Virginia statke, the church of jesus christ of latter-day saints. And remain standing for the pledge of allegiance to the flag.
[Unknown]
Our father in heaven we pause at the beginning of this session of the Virginia House of delegates. We thank thee for men and women of courage who establish this House of delegates and express our appreciation for all who have served in this House and all who currently serve here. Our hearts are full of gratitude for freedom to meet under favorable conditions to serve the citizens of Virginia. In view of challenging issues that confront these delegates, we ask for thy blessings to guide and direct all who serve in this legislature. May there be a spirit of civility and collegiality in the midst of debate and decision. Wilt thou bless the members of this body with integrity and good judgment as they strive to do the business of the people of this great commonwealth. I humbly pray in the name of jesus christ, amen.
[Unknown]
Amen. ( pledge of allegiance ( [no audio]
[Unknown]
The members will answer the roll call indicating 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 3 examine and approve the journal of the House of delegates for January 26, 2017. Motionsand resolutions are now in order. Does the clerk have announcements or communications?
[Unknown]
No communications but a reminder to the committee chairs pursuant to the procedural resolution that next Thursday, February 2 is the deadline for revenue bills to be acted on by committee in the House of origin.
Bill Howell
The gentleman from Fairfax, Mr. Keam. Where is Mr. Keam?
Mark Keam
Thank you, Mr. Speaker. I rise for an introduction.
Bill Howell
The gentleman has the floor.
Mark Keam
Every year we get visit the by a group of museums and museum supporters on museum day and we are blessed in Virginia to have so many great museums and in northern Virginia we are also blessed to have access to all of the smithsonian. We never had a museum dedicated to children and to educate children on sciences. As of 2015 there is now a science museum dedicated to educating children happens to be located in my district in northern Virginia and the director is here to join us today. I would like to ask the general assembly to give her a warm welcome. [applause]
Bill Howell
The gentleman from Caroline, Mr. Orrock.
Bobby Orrock
Mr. Speaker, I rise for an introduction.
Bill Howell
The gentleman May proceed.
Bobby Orrock
It is migrate oner to introduce to the body and welcome visiting a group of dental hygienist and den tal hygiene students from the commonwealth. Over 200 visiting the capitol today. If they would stand at this time. And in particular if they rise, this is a group that came by my office from germanic community college. We want to thank them for the efforts they do in helping to keep the citizens of our commonwealth healthy and smiling. Good to have you all. Let's give them a warm House welcome. [applause]
Bill Howell
Delighted to have the dental hygienists with us today and hope you enjoy your time in the capitol. The gentleman from Loudoun, Mr. Larock.
Dave LaRock
I rise to request permission for a center Hall presentation and ask that my colleagues join me.
Bill Howell
The gentleman May proceed. [no audio]
Dave LaRock
The clerk will report a resolution. House joint resolution number 716 commending the Patrick Henry college international team resolutions agreed to by the House on January 13 and by the Senate on January 19.
Bill Howell
The gentleman from Loudoun .
[Unknown]
Thank you, Mr. Speaker. Gentlemen of the House, I 'm Mr. Speaker, ladies and extremely honored to be here with my colleagues from Loudoun Delegate to introduce the chancellor of Patrick Henry college jack harris and founding president jack hey, william balk and helena hurst. They are joining us as we present to them a copy of joint House resolution 66 which acknowledges their -- 716 which acknowledges their extraordinary accomplishment. Two home schooled young actuts in a contest that would seem to lopsided as to be ridiculous. How could two students in a small county in Loudoun County Virginia enter into a competition placing them against opponents from some of the most prestigious schools in the world. Might be akin to a football game between a community college and a national champion. Truly a david and goliath story. William bach and helena hirsch teamed up and chose not to acknowledge the limits. They crushed their opponent. This was not a twist of fate. A shining example of a team who aplayed their God given gifts and refused to be dae feeted. This is their torre. Michael Fariss, chancellor coached the team of rising seniors william and helena to a victory in the 8th annual Nelson mandela world human rights moot court competition in geneva switzerland. The final round sponsored by the center for human rights of the university of pretoria south africa held in the u.N. Human rights council chambers. Phc won multiple graduate championships but this was the first tournament unique for the school. And that it was a world tournament and all other universities and colleges were represented by law students. The only american university to qualify for the tournament was yale law school. William from indianapolis, indiana and alena from lafayette, california competed against other teams. Phc is part of the region that includes north america, australia and western europe. In the finals phc's underrat waits beat a team of law students from kenya. William was awarded the first place oralist in the tournament and helena was awarded second oralist. William and helena have won a scholarship to return to switzerland next year to study international human rights law. Since 2004, phc has won nine of the last 12 american national champions cementing the smaller college as the legal debate powerhouse regularly facing facg leading universities like university of Virginia, duke, holy cross, and many other well recognized schools. Mr. Speaker and members of the body, 79% of the students have enjoyed the benefits of home schooling which was one of the most popular forms of school choice. The amazing accomplishments is a testimony to the fact that school of choice holds enormous potential. This is the most fitting way to wrap up national school of choice week. I ask the body to extend a warm House welcome and congratulations to Dr. Fariss, president hay, william bach and helena hirsch. Thank you. [applause]
[Unknown]
We congratulate the members of the team and the school. It is just an incredible accomplishment. It is like david and goliath and we are very proud of what you have accomplished and thank you for sharing your time with us today. [applause]
Bill Howell
The gentleman from Alexandria, Mr. Levine. I don't want to interrupt anything. Okay.
Mark Levine
Thank you, Mr. Speaker. I rise for a point of personal privilege.
Bill Howell
The gentleman has the floor.
Mark Levine
Mr. Speaker, ladies and gentlemen of the House of delegates, today, January 27 is holocaust remembrance day. On this day, 72 years ago, the largest concentration camp in europe auschwitz upper canal was liberated. There were only a few people left alive at that time. Most of the people who had not already been murdered were sent on death marches. I have been to auschwitz and poland and I have walked those grounds. I have seen those camps. And it is truly a sobering sight. And I know that today even so there are still people all over the world who are being persecuted on the basis of their religious beliefs and so I ask today that we remember both the victims of 72 years ago, and remember the continuing victims today and I ask that we today adjourn in memory of the victims of the holocaust and all those who have been killed on the basis of religious prejudice. Thank you, Mr. Speaker.
[Unknown]
The gentleman from Alexandria Mr. Levine moves when the House adjourn today it adjourn in the memory of those victims of the holocaust as well as others that have been killed on the basis of their religious belief. As many as agree to the motion, please rise. The motion is agreed to. The gentleman from Prince William, Mr. Lingamfelter. You know, fellows when you push your speak button, you ought to be close to your seat.
Mark Levine
Mr. Speaker, rise for an announcement.
Bill Howell
The gentleman has the floor.
Mark Levine
In order to render a courtesy to a member who was not able to attend the public safety committee this morning, I ask that the committee meet immediately after the session concludes in House room 1.
Bill Howell
The gentleman from Loudoun, Mr .E son.
[Unknown]
Thank you, Mr. Speaker. I rise for a motion.
Bill Howell
The gentleman has the floor.
[Unknown]
Thank you, Mr. Speaker. On Page 21 of the print the calendar, I move that House bill 1660, my bill, be rereferred to the committee on education. To do a little bit more work on it.
Bill Howell
The gentleman from Loudoun, Mr. Greasen moves that House bill 16160 be reif he fored. Ayes, those opposed no. The motion is agreed to. The gentleman from Fairfax -- the gentle woman from Fairfax, Ms. Kory.
[Unknown]
I rise for announcement.
[Unknown]
The gentle woman has the floor.
[Unknown]
This is not really an it is a reminder we are having announcement. To food drive for the Virginia food bank. Please fill your cars up with canned goods when you go home this weekend and I will send an aide or intern to your car to pick it all up if it is too much to bring up to the 7th floor. Don't forget, there are people who do go hungry every day. Thank you.
[Unknown]
The gentleman from stanton, Mr. Bell.
[Unknown]
Thank you, Mr. Speaker. I rise for the purpose of introduction.
[Unknown]
The gentleman has the floor.
[Unknown]
Mr. Speaker and ladies and gentlemen of the House, today visiting with us in the gallery are some students from mary baldwin university in stanton. We have students majoring in criminal justice, psychology and political science. They are escorted today by erin Collins. And they are here to witness the legislative process and attend hearings and examination of a potential career path in the legislative arena. Mary baldwin university offers graduate, undergraduate and professional education to a diverse population of women and men through its historic main campus in stanton, the health sciences campus in fishersville, numerous centers around the commonwealth and online. Would the visitors please rise and I would ask that you give them a warm House welcome. [applause]
Bill Howell
We are delighted to have the students and hope you enjoy your visit to the capitol. The gentleman from Prince William, Mr. Marshall.
Bob Marshall
Point of personal privilege.
Bill Howell
The gentleman has the floor.
Bob Marshall
Thank you.
[Unknown]
Mr. Speaker, 43 years ago this month, although not this day, I participated in what was called the first annual March for life in Washington, d.C. I had worked with the organizers and we opened up envelopes with donations and little wire and paper roses in there and I attended the March for many years. This year, we have vice president pence to address the March. Mr. Trump's presidential adviser kelly ann conway who came down here, by the way, and save some seminars, cardinal timothy dolan, nfl star benjamin Watson and others. I would like to read to you today a statement from the huffington post, November 18, 2016 by linderman. The title is france to ban people with down syndrome from smile. Last week another big step was taken towards the mass persecution of children with down syndrome. On November 10 the french state council rejected an appeal made by people with down syndrome, their families and allies to lift the ban on broadcasting the award-winning dear future mom video on french television. The ban was previously imposed by the french broadcasting council. Kids who are unjustly described as a risk before they are born are now wrongfully portrayed as a risk after birth, too. The video features a number of young people from around the globe telling about their lives. Their stories reflect today's reality of living with down syndrome and aims to re' sure women who have received prenatal diagnoses. Their mess of hope takes away the -- their message of hope takes away the fears and questions these women May have. Often based on outdated stereo types. The video was produced in 204 to celebrate world down syndrome day, a day created by down syndrome international and officially recognized by the united nations for the promotion of human rights of people with down syndrome. The state council said that allowing people with down syndrome to smile was inappropriate because people's expression of happiness was "likely to disturb the conscious of women who lawfully made different personal choices." so our kids whom studies from the u.S.A. And the netherlands have proven to be much happier than the cranky sulky bunch who go through life without down syndrome are banned from public television because their happy faces make post abortion women feel uncomfortable. Women must continue to believe in the myth that science and medical protections portray that down syndrome is a life of suffering, a burden to their families and society. Obviously if the truth gets out that 99% of the people with down syndrome are happy with their lives, society May start to question the systemmattic screening and deliberate mass elimination under the pretense of healthcare and women's rights. 96% of pregnancies that are diagnosed with down syndrome are aborted in france. The problem I have with this ban is that I have three kids, two happen to have down syndrome. What is next? Will kids with down syndrome be banned from school? Will they be segregated from society and placed in institutions like the old days because their presence upsets post apportion parents? This ban is akin to putting people with down syndrome away because their presence confronts society with the element of their systemmattic elimination. Eradication not to prevent suffering but because authorities have decided their differences place a burden on our lives and society, a burden than we refuse to carry collectively. I have a much better idea. Let's not ban the video. In france, they have no first amendment there, make it compulsory for every couple considering a see! Selective abortion for down syndrome. Show them the truth that families with down syndrome have an enormous good quality of life. Show a future of hope, unconditional love, and yes, a lot of smiles and happiness. To those who persevere in the negative discriminatory view on life with down syndrome, I would like to say you May be free to make a choice but you are not free from the consequences of that choice. Our children should not be the ones baring the consequences of -- bearing the consequences of your choice. Thank you, Mr. Speaker is. Speaker. [applause]
[Unknown]
The gentleman in Virginia beach, Mr. Davis.
[Unknown]
I rise for an announcement.
Bill Howell
The gentleman has the floor.
[Unknown]
Thank you Mr. Chairman later on today we will vote on approved House resolution 824. Later this session we will have the chance to honor colonel edward chaims who is the last surviving member of the band of brothers. I am honored to present him here later on this session. Coming around are sign-up sheets. I would ask everyone to consider signing on and after the session is over I will have a couple on my desk as well if anyone would like to sign. Thanks you very much, Mr. Chairman.
[Unknown]
Thank you. [no audio]
[Unknown]
The clerk will report bye for the days. Mr. Speaker, turning on the printed calendar. The only byes for the day are the commending and memorial resolutions. So turning to Page 27. Today's calendar. It is first one under the memorial resolutions House joint resolution 601 patronned by delegates Sullivan. He asked to have that taken bye for the day. Turning on to Page 29 of the calendar, House joint resolution 328, another memorial resolution. That one is patronned by Delegate Kory and that has been ask the by her to be taken bye for the day. Turning ahead to Page 34, the commending resolutions. The next category, commending resolutions. The first two listed on Page 30, House joint resolution 558 and 559 both are patronned by Delegate LeMunyon and he has asked to have those taken bye for the day. Turning to Page 34. Still within the commending resolutions. House bills -- excuse me, House joint resolutions 815, 816 and 817 all patronned by Delegate Yost. He has asked that those be taken bye for the day. And turning to Page 35 within the same category there. House joint resolutions 825 and 826 both of those patronned by Delegate LeMunyon. He has asked that they be taken bye for the day.
[Unknown]
Mr. Gilbert.
[Unknown]
I move that those resolutions go bye for the day.
Bill Howell
Without objection, those resolutions will go bye for the day. And pursuant to House rule 30 the journal shall reflect that the following member is away on pressing personal business and grant the leave from today's session, Delegate Morefield. Are there further motions?
[Unknown]
Mr. Speaker.
Bill Howell
The gentleman from Charlottesville .
[Unknown]
I rise for a motion and announcement.
Bill Howell
The gentleman has the floor.
[Unknown]
Thank you, Mr. Speaker. We neglected to request the clerk to note a request that on Page 36 another House resolution, House resolution 327 commending daniel duncan be taken bye for the day.
[Unknown]
Patronned by Delegate Kory .
[Unknown]
And the announcement, please.
[Unknown]
The gentleman has the floor.
[Unknown]
Thank you. Mr. Speaker, ladies and gentlemen of the House, Delegate Wilt has a wonderful resolution in support of a great jmu football team. Their winning of the national championship. And it looks like he has been able to get a number of folks on the other side to sign the and I am going to circulate it resolution. Around here and I hope people get a chance to sign and submit it so we get as many people on as we possibly can. Thank you. Jmu. Go dukes!
[Unknown]
Are there further motions or resolutions under rule 39? If not, the clerk will call the calendar.
[Unknown]
The calendar for today, Friday, January 27, 2017. Business before the Virginia House of delegates. First category, House bills on third reading uncontested calendar. House bills third reading uncontested calendar. Page 1. House bill 1426. Page 2, House bills 484, 1615, 1747, 1761, 1919, 1929. Page three of the printed -- excuse me, Page 4. House bills 2022, 2214 and Mr. Speaker, House bill 2241.
[Unknown]
Shall the bills pass?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 98, nos 0.
[Unknown]
The bills are passed. [no audio]
[Unknown]
Continuing with today's calendar on Page 5. The printed version. Next category. House bills on third reading, regular. First up, House bill 912. House bill 1912, a bill to relating to absentee voting; eligibility of persons granted a protective order.
[Unknown]
Shall the bill pass?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 98, nos 0.
[Unknown]
Ayes 98, nos 0. The bill is passed.
[Unknown]
And House bill 2019. A bill to amend and reenact several sections of the code. Relating to transportation network company partner vehicle registration repeal; safety inspections.
[Unknown]
Shall the bill pass?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 97, nos 1.
[Unknown]
Ayes 97, nos. The bill is passed. Continuing, next category. House bills on second reading. Uncontested calendar. Page 6 of the printed calendar. 35 bills in the uncontested calendar second reading block beginning with House bill 1422. A bill to amend and reenact a section of the code of Virginia relating to the Virginia consumer protection act; prohibited practices; payment or rebate of insurance deductible as an inducement to the sale of roofing-related services. Reported from committee on commerce and labor with substitute.
[Unknown]
Mr. Ware.
[Unknown]
Thank you, Mr. Speaker. House bill 14 -- let me move the committee substitute.
Bill Howell
The question is on adoption of the committee substitute. All in favor say aye. The substitute is agreed to. Those opposed, no. The gentleman from Powhatan .
[Unknown]
Thank you, Mr. Speaker. Would provide for a cause of action against out-of-state or in state roofers who in the wake of a major storm or catastrophe come in to an area often times in an attempt to scam people on buildings or building their roofs or reroofing. And these storm scammers have victimized a number of virginians as you might guess. There was no testimony on their behalf in committee. I don't know of any opposition. [laughter]
[Unknown]
And I would ask that the House endorse this and move it to its third reading.
[Unknown]
House bill 1477. A bill to amend and reenact several sections of the code. Relating to dogs and cats; lifetime licenses. Reported from committee on agriculture, Chesapeake and natural resources with amendments.
Bill Howell
The gentleman from Caroline, Mr. Larock.
Dave LaRock
I move the adoption of the committee amendment.
[Unknown]
The question is adoption of the committee amendment. All in favor say aye. Those opposed, no., the motion is agreed to.
Dave LaRock
I think I finally found a dog and cat bill that is not controversial after many years of search. Ladies and gentlemen of the House, this measure after a study done last year between animal control officers and veterinary association and other partners led to a consensus it would be permissive to allow a local government in they choose to effect a lifetime pet license and as a part of that if they choose as well this is part of the committee amendments a requirements microchipping the animal to get a lifetime license. I hope it would be the pleasure of the body to engross the bill and pass it to its third reading.
[Unknown]
Thank you.
[Unknown]
Continuing with the block. Page 7 of today's printed calendar. Up, House bill 15. A bill relating to public institutions of higher education; academic credit for reported from committee on american sign language courses. Education with substitute. With an amendment in the nature
Bill Howell
The gentleman from stanton, of a Suit. Mr. Bell.
[Unknown]
Thank you, Mr .Er. Mr. Speaker and member of the House in 2011 we passed legislation that would permit american sign language satisfactory completion to count as a foreign language credit. The intent of that bill apparently was not clearly stated in the code when it passed and there has been in an attempt to clear that up confusion. This bill comes forward this year and simply says that successful completion of american sign language courses in either secondary school or another institution of higher education towards satisfaction of the foreign language entrance requirement which is already in the code. And also includes placement and course credit requirements of the public institution of higher it goes further to say that each education. Public institution shall count credit received for successful completion of american sign language at the institution towards satisfaction of its foreign language course credit requirement. I would move to engross the bill and pass it to its third reading.
Bill Howell
The question is on adoption of the committee substitute. All in favor say aye. Those opposed, no. The substitute is agreed to.
[Unknown]
House bill 1520. A bill to amend to seek an exemption from the federal reform lated gasoline program for gasoline sold for farm use. Reported from committee on agriculture, Chesapeake and natural resources with substitute.
[Unknown]
The Mr. Knight.
[Unknown]
I move the substitute.
Bill Howell
All in favor say aye. Those opposed, no. The substitute is agreed to. The gentleman from Virginia beach.
[Unknown]
Mr. Speaker, hinske 1520 allows for all farmers in the state of Virginia to have ethanol free gas delivered to their farm. Ethanol destroys and corrodes the gaskets and hoses. I move the House engross the bill and pass to its third reading.
[Unknown]
House bill 1556 a bill to amend and reenact two sections relating to relating to Virginia polytechnic institute and state university and Virginia state university; purpose and courses of study. Reported from committee on education with substitute.
Bill Howell
The gentleman from Caroline, Mr. Orrock.
Bobby Orrock
I move the adoption of the committee substitute.
Bill Howell
The question is on the adoption of the committee substitute. As many as favor the motion say aye. Those opposed no.
Bobby Orrock
The substitute is agreed to.
[Unknown]
This is language worked out and agreed to by Virginia tech and Virginia state and would ensure prospectively that both of these fine institutions will ensure in future strategic plans that the charter functions established by the land grant university status will continue to be a critical part of the two university's structure. I hope it would be the pleasure of the body to engross the bill and pass to its third reading.
[Unknown]
Continuing with the second reading uncontested bloc on Page 8. House bill 1592. A bill to amend the code of Virginia by relating to comprehensive community colleges; policies; academic credit for apprenticeship. Reported from committee on education.
Bill Howell
The gentleman from Portsmouth, Mr. James.
Matthew James
Thank you, Mr. Speaker. Mr. Speaker and members the bill requires the Virginia community colleges to establish policies and procedures for conferring college credit for apprenticeship credentials towards relevant certificates and degree programs a the community colleges. I would hope it would be the pleasure of the House to engross the bill and pass on to it's third reading.
[Unknown]
Thank you.
Matthew James
House bill 1619. A bill to amend and reenact a section of the code relating to watershed general permit for nutrients. Reported from committee on agriculture, Chesapeake and natural resources.
Bill Howell
The gentleman from Fairfax, Mr. Bulova.
David Bulova
For examining nutrient allocations. Any allocations found to be unused and likely to remain unused could be allocated to new users. What the bill is basically about is how do we protect the Chesapeake bay but ensure that we can allow for new businesses and industries to also get started within the Chesapeake bay watershed. The second of two bills addressing the issue. The first of which was introduced by the gentleman from Colonial Heights and passed last week. This has the support and consensus among the environmental community, wastewater, municipalities and the manufacturers and I would ask that the body engross the bill and pass on to the third reading.
[Unknown]
House bill 1659, a bill to amend and reenact a section of relating to workers' the code compensation; lien of employer; notice and approval. Reported from committee on commerce and labor with substitute.
David Bulova
The gentleman from Salem, will Habeeb .
Bill Howell
I move the substitute all in favor say aye. Those opposed, no., the substitute is agreed to. The gentleman from Salem .
[Unknown]
Mr. Speaker and members of the body b. 1569 sets forth for employers protecting subrogation interest by arbitration. I move that it be engrossed and passed to the third reading.
[Unknown]
House bill 1664. A bill to amend and reenact several sections of the code relating to the state council of higher education for Virginia ; collection and publication of wage data and the Virginia longitudinal data system. Reported from committee on education.
[Unknown]
The gentlemen from Loudoun, Mr. Greason.
[Unknown]
House bill 1664 is a traps parentally bill as it related to collecting wage data of the graduates from the universities and colleges in the commonwealth. The bill moves vlvs, the Virginia longitudinal data systems program and authorizes to release information in a deidentified or double deidentified so there is no privacy problems here with information around our graduates but most importantly, Mr. Speaker and members, it publishes information or will publish information about the wages earned by our graduates 18 months and five years after graduation and identify that by degree. If you are go in to school and you want to major in english you will have a sense of the wage potential a year and ha half and five years half and same if you go into a stem related field of study. Lastly, the fourth thing the bill does is requires the institutions of public education, higher education to publish that information on their websites. Mr. Speaker, I think this is a great consumer transparency bill and I ask that we engross the bill and move it on to its third reading.
[Unknown]
Continuing with the bloc. House bill 1680. A bill to amend and reenact various sections of the code relating to the marine resources commission advisory committees. Reported from the committee on reported from committee on agriculture, Chesapeake and natural resources with substitute.
[Unknown]
The gentleman from Accomack .
[Unknown]
The substitute is agreed to. The gentleman from Accomack .
[Unknown]
Thanks you, Mr. Speaker. House bill 1680 simply takes four advisory committees in regulation and moves them in to code.
[Unknown]
House bill 1693, a bill to' mend areenact a section of the code relating to the Virginia public procurement act; contracts for architectural and engineering services relating to multiple construction projects; maximum fee for any single project. Reported from committee on general laws with amendment.
Bill Howell
The gentleman from Frederick, Mr. Collins.
Chris Collins
Thank you, Mr. Speaker. Ladies and gentlemen, this moves from $100,000 to $150,000 the cap small localities can charge for architectural review. The first time we moved it in about 15 years, I believe. I would have this be engrossed and advanced to the third reading.
Bill Howell
The question is on adoption of the committee amendment. Those opposed, no. All in favor say aye. Amendment is agreed to.
Chris Collins
Thank you Mr. Speaker.
[Unknown]
Continuing with the block on Page 10. House bill 1712. Relating to energy performance-based contracting; cooperative procurement. Reported from committee on general laws with amendment.
Bill Howell
The gentleman from Loudoun, Mr. Minchew.
Randy Minchew
Thank you, Mr. Speaker. I would move the committee amendment.
Bill Howell
The question is on adoption of the committee amendment. Those opposed, no. All in favor say aye. The amendment agreed to. The gentleman from Loudoun .
Randy Minchew
Thank you, Mr. Speaker and members of the House. House bill 1712 clarifies that cooperative procurement can be utilized to execute energy performance contracts. Approval will lead to cost and energy savings and amend slightly the energy and operational proficiently act of 2001 that was act the through the chief patron and of the noted environmental activity the gentleman from Scott. I would ask that the bill be engrossed and moved forward to its third reading.
[Unknown]
House bill 1727 a bill to amend and reexact a section of the code relating to the state and local government conflict of interests act; school boards and school board employees. Reported from committee on general laws.
Bill Howell
The gentleman from Westmoreland -- the gentle woman from Westmoreland .
[Unknown]
Thank you. 1787 counties Northumberland, and others to the or regions in the commonwealth currently exempt from a provision barring school board members from hiring family members within the school division. In my district of six bees it has become difficult to towards satisfaction attract and employ teachers. Support staff, bus drivers and school personnel. The board requested legislation to fix the problem. I hope it would be the pleasure of the House to engross the bill and pass on towards third reading.
[Unknown]
Turning to Page 11. House bill 1787. A bill to amend and reenact a section of the code relating to local and regional libraries; boards not mandatory. Reported from committee on general laws.
Bill Howell
The gentleman from Salem, Mr .
[Unknown]
Mr. Speaker and members of the body, House bill 1787 adds charter counties to those for which a library is not mandatory. I move engrossment and pass to the third reading.
[Unknown]
House bill 1793 a bill to amend and reenact the code relating to burn ban; exception for freeze protection of orchard or vineyard. Reported from committee on agriculture, Chesapeake and natural resources. With amendments.
[Unknown]
Mr. Fariss.
[Unknown]
House bill 793 allows orchards and vineyards to prescribe burn in order to produce heat prior to April 30 while the state burn ban is in effect. I hope it will be the pleasure of the body to engross and send on to the third reading.
Bill Howell
The question is on adoption of committee amendments. As many as favor will say aye. Those' posed no. The amendment is agreed to.
[Unknown]
Continuing, House bill 1883. A bill to amend and reenact a section of the code relating to en over by the federal government and most of our business community who testified on the bill are in favor of it staying with our commission of labor and industry. I hope it would be the pleasure of the House to engross the bill and pass on to the third reading.
[Unknown]
House bill 1940. A bill to amend and reenact a section of the code relating to the Virginia public procurement act; exemptions; department of juvenile justice; pre-release and post-commitment services. General laws. Reported from committee on
[Unknown]
The gentle woman from mission city, Ms. Carr.
[Unknown]
House bill 940 exempts the department of juvenile justice from the requirements of the act when securing release and post commitment services to juveniles returning to communities. It makes djj consistent with the department of correction practices. I hope it would be the pleasure of the House to engross the bill and pass to its third reading.
[Unknown]
House bill 1952, a bill to amend and reenact a section of the code relating to the department of general services; review of proposed acquisitions of real property; exceptions. Reported from committee on general laws with amendment.
Bill Howell
The gentleman from Hanover. Mr. Peace.
Chris Peace
Thank you, Mr. Speaker. I move the committee amendments.
Bill Howell
The question is on adoption of the committee amendments. All in favor say aye. Those opposed, no. The amendment is agreed to. The gentleman from Hanover .
Chris Peace
Thank you, Mr. Speaker. House bill 952 as amended will allow certain tribes in my district as well as the gentleman Mr. Hodges' district to reacquire property that has been encroached upon or lost since the treaty of middle plantation in 1677. So, when members of these tribes want to seek to purchase new lands and add back property that had been theirs, this bill will allow them a more streamlined process around dgs simply with review of the secretary of the commonwealth and approval by the governor. Mr. Speaker, I would move that the bill be engrossed and passed to its third reading.
[Unknown]
Turning to Page 13 of the printed calendar. House bill 1965, a bill to amend and reenact a section of the code transfer grant program; expected relating to the two-year college family contribution. Reported from committee on education.
Bill Howell
The gentleman from Henrico, Mr. Massie.
Jimmie Massie
Thank you, Mr. Speaker. Mr. Speaker, House bill 1965 broadens eligiblityity for the two year college transfer program. No more than $12,000. Under the code of Virginia, it is set at $8,000. And in the existing current budget set at 12 so this codifies in the code which what is in the budget and eliminations confusion. I hope it would be the pleasure of the House to engross the bill and pass on to its third
[Unknown]
Thank you. Reading.
Jimmie Massie
House bill 1968, a bill to amend and reenact a section of the code small business financing relating to Virginia authority; administration of small business investment grant fund. Reported from committee on general laws.
Bill Howell
The gentleman from Augusta, Mr. Landes.
Steve Landes
Thank you, Mr. Speaker. Mr. Speaker and ladies and gentlemen of the House, House bill 1968 is designed to improve and update or existing small business investment grant fund it will make it easier for program. Private investors and small businesses to qualify for the fund and therefore encourage more individual investors to increase investment in Virginia small businesses. The legislation was requested by the Virginia small business financing authority who administers the fund. I move that the House engross the bill and pass it on to its third reading.
[Unknown]
House bill 1969, a bill to amend and reenact two sections of the code relating to the small business jobs fund grant program. Reported from committee on general laws with amendment. House bill 1979, a bill
Steve Landes
Mr. Landes.
[Unknown]
I would first like to move the adoption of the committee amendment.
[Unknown]
The question so on the adoption of the committee amendment.
[Unknown]
House bill 1969 designed to improve and update the existing small business grant fund program and lowers the capital investment to allow for more companies to join the program and redefines the definition of small business to allow small business startups to better utilize the program. The committee amendment changes the definition of small businesses from 250 or fewer to 50* or fewer employees. The move the House engross the bill and pass on to the third reading,.
[Unknown]
Thank you.
[Unknown]
Continuing with the block on Page 14 of the printed calendar. House bill 1979. A bill to amend and reenact various sections of the code relating to the board for contractors; class d registration; responsibility for contracting with unlicensed persons. Reported from committee on general laws with substitute.
Bill Howell
The gentleman from Hanover, Mr. Peace.
Chris Peace
I move the committee substitute.
[Unknown]
The question on adoption of the committee substitute. As many as favor that motion say aye, those opposed know. The substitute is agreed to.
Chris Peace
The substitute provides for an exemption for the same individuals category of individuals performing work on construction sites of a menial nature. Those who are cleaning cabinets in preparation for the House to be turned over to the new occupants or putting in a mailbox, things that are not necessarily requiring a license. And so the bill provides that for those types of activities, valued at $2,500 or less, there would be an exemption from the requirement of license your. Contractors have been getting dinged by Virginia osha when on site for those working on the site without a license. I move that the bill be engross and passed to the third reading.
[Unknown]
House bill 1982 a bill to amend and reenact a section of the code relating to high school graduation requirements; verified units of credit; examination. Satisfactory score on the psat reported from committee on education with substitute.
Bill Howell
The gentleman from Loudoun ,
[Unknown]
Thank you, Mr. Speaker. Mr. Greason. I move the substitute.
Bill Howell
The question is on the sub. All in favor say aye. Those opposed, no. The substitute is agreed to. The gentleman from Loudoun .
[Unknown]
Thank you, Mr. Speaker. I'm sure most are enthralled by the bills on the uncontested calendar but let me take you back to when you took your psat in high school. You might remember there was an english section and a math section on the psat. The english section and math section are far more rigorous than what we test our children through the sol. And there are thousands that in the 10th grade they take the psat. Wouldn't it be interesting if you could take the score on the psat which is more rigorous and this english sol and use it as a check box for a verified credit. It would cost the student $11.25 to check a box in english in 10th grade to allow them to verify a credit and free up time in the schedule in 11th and 12th grade. Most are already offering to every student in the division and those that are not this is permissive language. This is an option to give the kids a little more flexibility in passing a portion of that test more rigorous than the minimum standard of the sol and move them forward in high school careers more efficiently. I think this is a good bill. I wish it was my idea. Delegate Habeeb had a bill just like this but I took from him and now presenting it to you. So I appreciate that.
[Unknown]
Exactly.
[Unknown]
The gentleman Mr. Charlottesville, Mr. Toscano.
[Unknown]
Yield for a question?
[Unknown]
Which one?
[Unknown]
Delegate Habeeb or the Delegate from outside.
[Unknown]
Mr. Speaker, I will yield.
[Unknown]
The gentleman yields.
[Unknown]
Thank you, Mr. Speaker. I ask the gentleman did any of these psat questions include questions about the federalist papers?
[Unknown]
I would say to --
[Unknown]
The gentlemen May proceed.
[Unknown]
Since he has taken his seat I disregard the question. I move that the bill be engrossed and advanced to the third reading.
[Unknown]
Continuing with the second reading uncontested calendar block House bills 2009. A bill to amend and reenact a section of the code relating to stormwater and erosion management; administration of program by third party. Reported from committee on agriculture, Chesapeake and natural resources with amendments.
Bill Howell
The gentleman from Middlesex, Mr. Hodges.
Keith Hodges
Thank you, Mr. Speaker. Move adoption of the committee amendments.
Bill Howell
The question is on adoption of the committee amendments. As many as favor say aye, those opposed no. The amendment is agreed to. The gentleman from Middlesex .
Keith Hodges
House bill 2009 authorizes the hiring of certified third-party professionals to administer aspects for a program for the management of storm water and erosion including plan review and protection on bow half of a Virginia storm water management program or Virginia erosion and storm water management program. I hope it will be the pleasure of the body to engross the bill apply pass to its third reading.
[Unknown]
Thank you.
[Unknown]
House bill 2014 a bill to amend and reenact a section of the code.
[Unknown]
Thank you. This is also an education bill which is such a great idea two of us submitted the bill. Although I didn't steal this in anybody else. The House bill 2014 is a bill that would implement a recommendation from the board of education that their soq reviews be filed in.
[Unknown]
Require that they be filed in odd years to coordinate with the budget process so that when recommendations come out they have considered the fiscal impact as well and come out together. I hope it would be the pleasure of the House to engrossed and advanced to the third reading.
[Unknown]
House bill 2037. A bill to amend and reenact a section of the code relating to health insurance calculation of cost sharing provisions. Reported from the committee on commerce and labor with
Bill Howell
The gentleman from Manassas ,. Amendments.
[Unknown]
I move the committee amounts.
Bill Howell
The amendments are agreed to. The gentleman from Manassas .
[Unknown]
The healthcare industry is moving towards value based and innovative reimbursement models rare than the traditional fee for service arrangements. Payments are based on metrics. What this bill is basically doing is updating the code so these types of payment plans can be done this was work between the insurance industry and the bureau of insurance to make sure that the code could match how the updated models are being done. I move the bill be engrossed and passed to its third reading.
[Unknown]
Turning to Page 16. House bill 2076. A bill to amend and reason act a section of the code of Virginia relating to stormwater management programs; regulations. Reported from committee on agriculture, Chesapeake and natural resources with amendments.
Bill Howell
The gentleman from Rockingham .
[Unknown]
I move the committee amendment.
Bill Howell
As many as favor that motion say aye, those opposed no. The amendment is agreed to. The gentleman from Rockingham .
[Unknown]
House bill 2076 includes soil scientists into the group allowed to design storm water management plans and requires that the plans be signed and sealed by a professional. I move that the bill be engrossed and passed to its third reading.
[Unknown]
House bill 2096, a bill to amend and reenact a section of the code relating to procurement; exemption for Virginia industries for the blind. Reported from committee on general laws.
Bill Howell
The gentleman from Newport News, Ms. Price.
[Unknown]
Mr. Speaker and ladies and gentlemen of the House, h.B. 2096 would exempt from competitive procurement provisions in the Virginia public procurement act which will allow vib to respond more quickly to federal customers and expand opportunities for virginians who are blind. H.B. 20896 is the result of a collaborative effort between vi build, the department of blind and vision impaired and the department of general services. I move that the bill be engrossed and passed to its third reading. Thank you.
[Unknown]
Thank you.
[Unknown]
House bill 2102. A bill to amend and reenact various sections the code. To the regulation of insurers; corporate governance annual disclosures. Reported from committee o on commerce and lab.
[Unknown]
A new art dealing with corporate governance. A confidential report provided to the state corporation commission and I move that we engross the bill and pass on to the third reading.
[Unknown]
Thank you. House bill 2106 a bill to amend and reenact several other sections of the code relating to the Virginia board of work force development.
[Unknown]
Deals with the come position of the Virginia board of work force development. We finally got the board to where it was just the way we wanted it and functioning efficiently and then the federal government decided to make changes. So this bill brings the composition into compliance so we don't jeopardize our funds but it does -- I move the committee amendment, Mr. Speaker.
[Unknown]
The question is on the committee amendments. All in favor say aye. Those opposed, no. The amendments are agreed to.
[Unknown]
The amendment is an enactment clause that we requested a wane waiver so Virginia would not have to make changes and the department of labor denied it. We are hopeful that maybe we can with a new administration we can convince them to leave the board alone so we have an enactment clause that the bill would not go into effect if that should be granted. I move we engross and move on to the third reading.
[Unknown]
Mr. Speaker.
Bill Howell
The gentleman from Charlottesville ,. Charlottesville.
[Unknown]
Raise for a motion.
[Unknown]
The sg&a has the floor.
Bill Howell
Gentleman has the floor.
[Unknown]
After looking at the calendar, I would like to move that h.B. 2096 be moved to the regular calendar.
Bill Howell
Without objection, moved to the regular calendar.
[Unknown]
Continuing with the second reading uncontested calendar block. Page 18 of the printed calendar. House bill 2200. A bill to repeal th >> Strengthens the coal mining recommendation bonding system to ensure successful restoration of coal mines once closed. An alternative bonding mechanism and funded by reclaimation tax on coal that is mined and removes the sunset so the fund can continue to grow and cover the permits still active and there are sill several. I move we engrossed and advanced to the third reading.
[Unknown]
Thank you.
[Unknown]
House bill 2230 relating to stock corporations meetings of share holders. Reported from the committee on commerce and labor.
Bill Howell
The gentleman from rock bridge, Mr. Cline.
Ben Cline
This would authorize the board of directors to determine that a meeting be held by means of remote communication if the articles of incorporation allow such a meeting. I hope it would be the pleasure of the House to engrossed and advanced to the third reading.
[Unknown]
House bill 2254. A bill to amend and reenact various sections of the code and repeal one other relating to the tobacco board composition, excise tax. Reported fromthe committee on natural resources with a substitute.
Ben Cline
The gentleman from Halifax, Mr. Edmunds.
James Edmunds
I move the committee substitute.
Bill Howell
As many as favor that s1, aye, opposed no. The substitute is agreed to. The gentleman from Halifax .
James Edmunds
Mr. Speaker, House bill 2254 clarifies how the members of the tobacco board are appointed and changes the assessment from 20 cents to 40 cents. It is a check-off used for presearch and marketing. I move it be engrossed and passed on to the third reading.
[Unknown]
Turning to Page 19. The printed calendar. House bill 2285. A bill to amend and reenact several sections of the code relating to gubernatorial appointments to boards, membership and terms. Reported from the committee on general laws.
Bill Howell
The gentleman from Spotsylvania, Mr. Coal.
[Unknown]
Thank you, Mr. Speaker. House bill 2285 is an administration bill that makes changes to membership in terms of several boards and standardized the term dates for appointments to the latino advisory board. Ing a tolter consumer services, board of education and waste works and water works and operators and onsite sewage system professionals. I hope it would be the pleasure of the House to engross the bill and pass to the third reading.
[Unknown]
Thank you.
[Unknown]
Completing the block, House bill 2202 a bill to amend and reenact a section of the code of Virginia relating to board of veterans services membership duties. Reported from the committee on general laws.
[Unknown]
Mr. Anderson.
[Unknown]
Thank you, House bill 2302 has to do with the board of veteran services and simply removes the requirement regarding certain area of expertise to be brought under the board and extends the number of consecutive terms for legislative members from four to six for members of the House of commons and two to three for members of the Senate. It also removes the requirement that the board be organize inside at least three standing committees and gives the chairman of the Virginia board of veterans services broad latitude inned a nine in adminie activities of the board. Move the bill is engrossed and advanced to the third reading.
[Unknown]
All in favor say aye. Those opposed, no. The bills are engrossed and passed to the third reading.
[Unknown]
Continuing with the calendar. Page 19 of the printed version. Next category, House bills on second reading, regular calendar. House bill second reading investigate. 1628 taken bye until next week. Page 20, House bill 1440 a bill to amend and reenact several sections of the code. Reported from the committee on transportation and Mr. Speaker there is a floor substitute from today.
Bill Howell
The gentleman from stanton, Mr. Bell.
[Unknown]
I move the substitute.
[Unknown]
Has it been distributed?
[Unknown]
Yes, sir. Distributed and available online.
Bill Howell
The question is on adoption of the floor substitute. As many as in favor say aye, those opposed no. The substitute is allowed.
[Unknown]
Certificates of title and penalties for misuse of farm use tags on farm vehicles. We have worked on language changes recommended by the committee to include primarily that any violation must be willful and intentional. And we changed the fine structure from a flat $250 fine to is a scale that says violations can be up to $250 and that will be applied to the first offense, second and any went offenses will then be a 250 I would ask that we engross the fine. Bill and move it to its third reading.
Bill Howell
Shall the bill be engrossed and passed to the third reading?
[Unknown]
Mr. Speaker.
[Unknown]
Parliamentary inquiry.
[Unknown]
State it.
[Unknown]
There was a substitute on this bill. Are we -- is the substitute before us?
[Unknown]
We approved the suction.
[Unknown]
Substitute.
[Unknown]
Thank you, Mr. Speaker. Speaking to the bill.
Bill Howell
The gentleman has the floor.
[Unknown]
Just for notification folks in the House, this is noir bill where the substitute is probably not germane to the bill itself. Not a huge bill and probably take it up on its merits rather thanaise a point of order on the substitute. I would ask the body to take that into akin as we go forward on the session. Thank you very much.
Bill Howell
Shall the bill be engrossed and advanced to the third reading. All in favor say aye. Those opposed, no. The bill is engrossed and passed to the third reading. 1852 taken bye until next week. Second reading regular. Page 21. House bill 1432. Relating to carrying a switchblade knife; exception. Th also is a floor amendment.
[Unknown]
I would like to take up the floor amendment first because it is a tightening floor amendment. And it comes -- it is not from the sheriff's association but to address is concern that they related.
[Unknown]
The clerk will report the floor amendment.
[Unknown]
The floor amendment offered by Delegate Ware to be introduced version on line 17. Line 17 after the words "profession or" insert the word lawful.
[Unknown]
I think the amendment is self-explan torre and I would move the adoption.
[Unknown]
As many as favor that motion will say aye, those he opposed no. The floor amendment is agreed to. The gentleman.
[Unknown]
I would like you to step back momentarily and visualize two separate things. Visualize a group of people who are collectors. Coin collectors, stamp collectors and they are gathered around their particular object of interest and they look at its unique properties, its or that. Ation and what give -- ornamentation and there is such a group that looks at knives. The Virginia knife club. There are people who have an interest in the curiosity and history of the features of various knives including automatic knives or switchblade knives and it was from such a group or an individual from such a group that this legislation came to me to bring to you. The second thing I would like you have visualize is the last time you were standing atop a ladder, is step ladder or a ladder to take the leaves out of your gutter and how you felt as you were atop the ladder, every day there are roofers who go up the ladder and have to carry things up and open up a packet and May have a knife to open the packet up. The second provision of this is to deal with tradesmen with just those circumstances you and I deal with. Ordinary hard working men and women who are trades men and trades women and the second element is on their behalf. The american tool and knife institute which is the other interested group that brought it bill to me. It comes because there are two provisions currently in the code of Virginia. One makes it illegal to carry the knives concealed. And to revert to the roofer let's say you p up there on the roof and open the package and put it in the belt, you forget about it because you are doing other things on the roof and carrying it and get back in your truck and Head down the road. It happens to be concealed but it is not an intentional thing. You are not using it as a weapon. You are a trades person. The second provision in the code of Virginia says that possession of this knife is prima facie evidence of your intent to sell. The gentlemen who get together at the knife club as they drive up the road they are concerned they would be considered sailsmen of these knives and this is the concern out of which it came. The word switchblade brings all kinds of connotations to you our mind. Words have the denotative meaning and con notative meaning. If you can set those separately and realize what we are talking about here. A knife that is a tool that happens to have a blade.
[Unknown]
Can I interrupt the gentleman. Could the House please come to order. There is a lot of talking going on. The gentleman May continue.
[Unknown]
Thank you, Mr. Speaker. We wanted to use the term some what more neutral term automatic knife but that because the word switchblade occurs in the code a number of times, it would have been a much more complicated bill to put that word in as a sub stood for switchblade so with he we went with what was here. The amendment adopted was to speak to a concern brought to us by the sheriff's association on recreational activity and now narrows it to lawful recreational activity. My own sheriff is fully in support of this legislation. I would note there are differences thereabout. There has been a concern this would permit sales to minors. It does not. Will is a provision in the code of Virginia 18.2 -- 309 (a) which says any person who sells warters and so forth to a minor shall be guilty of a class is misdemeanor. That remains in force so that should not be a concern. I will further note that the bill has been supported by but it did not originate from second amendment support groups. They have indicated they are supportive, several. But it is not their bill and didn't come from them. Finally, I would ask you as you vote on this measure, lock past the shining but disoriented name, switchblade and join me in helping ordinary folks, lobbyists and tradesmen. I hope you will vote to engross and pass to its third reading.
Bill Howell
The gentleman from Arlington ,
[Unknown]
Thank you, Mr. Speaker. Mr. Lopez. Speaking to the bill.
[Unknown]
Florida.
[Unknown]
The Senator has the floor.
[Unknown]
I want to thank the gentleman who has been generous with his time and communication and talking about this bill and open to suggestions and ideas for language. As we all know, a couple of years ago, there was legislation that would have had a blanket allowing Black jacks and swards and canes and other weapons back in the streets. Instead of sort of allowing all these en masse now there is concern that there is certain folks trying to get one weapon at a time. Today it is switchblades. There going to be other legislation dealing with ballistic knives. Concerns here with lines 16, 17 and 18 overly road language. The question is what lawful question requires a switchblade knife where a fixed plaid or manual opening knife wouldn't suffice. Moreover, the testimony during committee from the bcbl clearly stated that the knives would enhance personal defense options not just work are recreation. I appreciate where the gentleman is coming from regarding collectors but there are unintended consequences. The language is so broad I think it covers too many types of knife blades with different types of utilities. Knives designed as thrusting weapons like dirks or daggers or stiletto blades should not be legal for conceal or carry. The argument they can be deployed in small areas, they don't need to stab anything. Switchblades were originally put into the code several times to keep the deadly weapons out of the hands of gangs. And dangerous and deadly weapons like these in the hands of a bad actor are not good for the communities to have around. As it currently stands, for instance, line 16 when you say the section 309 of the code addresses minors, line 16 of the code says any person in this bill. Or any -- and this bill says any person. So that includes kids. So there is no limitation on the purchase of the weapons. A 16-year-old. A 12-year-old. A 7-year-old can take their allowance and wherever they are selling the switchblades could buy a switchblade. The recreational activity language is also pretty broad. Recreational activity according to john Jones from the sheriff's association was walking down the street. Why is there no age limitation on the purchase of these weapons? Why do we keep these -- we are trying to keep them out of the hands of gangs and how do we keep them out of the hands of kids? I believe this creates many more problems than it helps. We are creating a pipefield here, folks, and -- a minefield here and I hope you will vote no.
[Unknown]
Shall it be engrossed and passed to the third reading. Those in favor aaye, those opposed no. The bill is engrossed to its third reading.
[Unknown]
Continuing with the category House bill second reading regular. 1616, rereferred to the committee on education accordingly. Next up is House bill 1402 a bill to amend and reenact a section of the code relating to governing boards of pub boards. Reported to the committee on education with a substitute.
Bill Howell
The gentleman from Augusta, Mr. Landes.
Steve Landes
Thank you, Mr. Speaker. I would like to first move the adoption of the committee amount in the nature of a substitute.
Bill Howell
The substitute is agreed to. The gentleman from Augusta .
Steve Landes
Thank you exploration speaker. Mr. Speaker and ladies and gentlemen of the House, House bill 1401 requires that the president of the board of visit of the Virginia military institute and each chairman or vice chairman or rector or rice rector of the governing boards will be a resident of Virginia. The bill also has clauses that grandfather all individuals who serve in those roles and were appointed or elected to those positions prior to July 1 of this year. Mr. Speaker and ladies and gentlemen of the House, the purpose of the bill is to have the leadership of boards of visitors and our institutions of higher learning to be accountable not only to the university or college that they are serving on the board but more importantly to the commonwealth of Virginia. And by having them as residents we'll be assure 9 obviously there is that connection. Mr. Speaker, I move pa we that e engross the bill and pass on to the third reading.
Bill Howell
The gentleman from Charlottesville, Mr. Toscano.
David Toscano
With the gentleman yield for a question?
[Unknown]
I would be glad to yield.
David Toscano
I ask about the present situation with rectors and board heads who are residents from out of state. Can the gentleman tell me of all of the public institutions how many are there now who have rectors or board heads who live out of state?
[Unknown]
I would answer and say before I intertuesdayed this I asked the shev to provide for me the boards of visitors chief officers and rectors and chairman and vice chairman and committee chairman whether they were residents or out-of-state residents of the commonwealth. The information received only one vice rector currently serving that is actually an out-of-state resident. There were a number of individuals who were on boards of visitors who were committee chairman that were out-of-state residents. And that is why with the substitute that we adopted or hopefully will adopt, we just narrowry tailored it to the two chief offy sirs of the boards of visitors, the rector and vice vector, chairman or vice chairman.
[Unknown]
Will the gentleman yield for another yes? With the gentleman yield?
[Unknown]
I would be glad to yield.
[Unknown]
The gentleman yields.
[Unknown]
Isn't it true that in terms of how the boards are selectd that the majority of these boards at least for most of the public institutions have a requirement that the majority of people who serve on the boards are Virginia residents?
[Unknown]
Mr. Speaker, I would say to the gentleman I believe he would look at all of the by laws and areas of boards they are all over the board no, pun intended. Some are residents and some nonresidents. Some do have a requirement but there is no consistent policy from a state statute standpoint. It is up to the discretion of both the boards from the standpoint of the individuals they May recommend to the governor and then the end result would be the governor who appoints them.
[Unknown]
I thank the gentleman.
Bill Howell
The gentleman from Fairfax, Mr. Sickles.
Mark Sickles
Thank you, Mr. Speaker, I would like to speak to the legislation.
Bill Howell
The gentleman has the floor.
Mark Sickles
Thank you, Mr. Speaker.
[Unknown]
I got an e-mail from an acquaintance of mine who served as rector of william and mary. He said I would note over the course of william and mary developing the affor thability plan we at times had an out-of-state rector. Having served on both the william and mary board of visitors or eight years and then on the Virginia commission on higher education board appointments, I have witnessed firsthand the difference between out-of-state vs. Instate members of these boards. To the extent that there is a difference, it is that the out-of-state board members are more dedicated. A few board members with whom I served who did not attend meetings or live up to their responsibilities were all in-state residents. Another important reason to oppose this bill which bans out-of-state alumni from the leadership roles at their alma maters is we raise a significant portion of our annual fund raising from out-of-state alum my. Annoy. The william and mary alumni in the new York city area committed to raising $00 million for the college. In the Washington, d.C. Alumni area are doing the same. It would be clearly counter productive to tell out-of-state alumni of our universities that we want your money but you cannot serve in a leadership position at your alma mater. The message sent to out-of-state donors is particularly counter productive because they know the fund raising is urgent because of the drop in the support in the commonwealth in higher education in recent decades. Quite frankly, I cannot think of any benefit for the commonwealth in denying certain talented and dedicated members of the boards the opportunity to lead and I personally know from by decade of involvement in higher education in the commonwealth that we will 81 is intentionally undermine our university if this bill passes and the commonwealth dictates who should or should not lead a university based on their zip code rather than their abilities. Thank you, Mr. Speaker.
Bill Howell
Shall the bill be engrossed and passed to the third reading. The bill is engrossed and passed to the third reading.
[Unknown]
Turning to Page 22 of the calendar. Second reading regular. House bill 1509.
[Unknown]
Mr. Speak.
[Unknown]
Parliamentary inquiry. The next bill is not yet before us. Is that not right?
[Unknown]
That it right.
[Unknown]
I would ask for ayes and neys.
[Unknown]
On the previous bill?
[Unknown]
Opt previous one.
[Unknown]
The question is shall House bill 1402 be engrossed and passed to the third reading. As many as favor that motion raise their right hand. No, we'll say aye. Those opposed no.
[Unknown]
That is a reading.
[Unknown]
Save me time.
[Unknown]
As many as favor the motion please raise their right hand. That is sufficient. The bill is engrossed and passed to its third reading. I think I told you that.
[Unknown]
House bill 109 a bill to amend and reenact various sections of the code of Virginia relating to liens on federal mining sites. Reported with amendments.
[Unknown]
Mr. Ware.
[Unknown]
Thank you, Mr. Speaker. I move the committee amounts.
Bill Howell
The question is on adoption of the committee amendments. As many as favor that motion say aye. Those opposed no. The amendments are agreed to. The gentleman.
[Unknown]
Providing sufficient surety to properly reclimb sites in the event the operator goes out of business or fails to reclaim a site. It reduces the risk that the commonwealth would have to pay to reclaim mine sites where the bond has been forfeited and land owned by the operator and key lamed by dmme in the event of bond forfeiture. There was no opposition expressed at the committee in testimony. And this amount has not been changed since the 1970s. I move that we engross the bill and pass to its third reading.
Bill Howell
Shall the bill be engrossed and passed to its third reading? As many as in favor aaye, those opposed no. The bill is engrossed and passed to the third reading.
[Unknown]
Relating to grants in the dam safety flood protection and assistance fund. Reported with a substitute.
Bill Howell
The gentleman from Spotsylvania, Mr. Coal.
[Unknown]
Thank yew, Mr. Speaker. I move the committee substitute.
Bill Howell
The question on the adoption of the committee substitute. As many as favor say aye. Those opposed no. The substitute is agreed to. The gentleman from Spotsylvania .
[Unknown]
Thank you, Mr. Speaker. House bill 1652 simply allows the correct director of the department of conservation and recreation to consider applications to improve dams and bring dams up to the higher safety standards owned by home owners associations. Currently, well, just to refresh everyone's memory a few years ago we adopted higher standards for these dams. I know there was a study a few years ago where we backed off on some of these standards. However, many of these dams no longer meet the safety requirements of the new standards and require maintenance and upgrading which can be quite expensive. This would simply allow -- this is an ongoing program currently and would simply allow homeowners association dams to apply for loans or grants to help assist in upgrading their dams to the new standards. It does, I believe, protect the public because failure of these dams could some of them could be a public hazard and I hope it will be the will of the body to engross the bill and pass to its third reading.
Bill Howell
Shall the bill be engrossed and passed to its third reading. As many as favor that motion say aye. Those opposed no. The bill is engrossed and passed to its third reading.
[Unknown]
Turning to Page 23. House bill 1678. A bill to amend and reenact a section of the code relating to the Virginia freedom of information act trade secrets submitted to department of mines, minerals and energy. Reported from the committee on general laws with amendment.
[Unknown]
The gentle woman from cheterfield, Ms. Robinson.
[Unknown]
I move the committee amount.
Bill Howell
As many as favor aaye, those oppose nod. The amendment is agreed to. The gentlewoman from Chesterfield .
[Unknown]
With the amendment, House bill 1678 becomes a transparency bill. There were three things in the bill that would be protected by a foia exemption with a lot of negotiation. Two have been given up. The chemical names and chemical abstracts. And the only thing that the exemption will protect is the actual recipe. The bill by protecting that actual recipe will foster more efficient and advancements in the fracking industry and I ask that the bill be engrossed and passed on to its third reading.
Bill Howell
The gentleman from Fairfax, I 'm sorry.
Bill Howell
The gentleman has the floor.
[Unknown]
Thank you very much to Delegate Robinson for working with me on this both in committee and also in private. And to be clear, what Delegate Robinson 's amendment does is allow for the disclosure of the actual chemicals. What it does not do, though, is allow for the disclosure of the concentration. In this case, concentration really does matter. Anybody who had a summer job at the pool. A little chlorine in the water is great. Too much in the water, if you put in too much chlorine, that could be exceptionally and that is the corollary we are dangerous. Looking at here, Mr. Speaker. Exemptions to foia are not to be taken lightly and not to be easily granted. I hope the bar goes up even higher when talking about something you are withholding when it has the potential to affect public safecy. Fracking, ever resolution single one of us here of stakeholders. It has the potential to go well beyond the individual property where fracking is occurring and if something does go wrong it affects drinking water supplies and public health and ultimately tourism and the economy and jobs. I will say we have been extraordinarily fortunate here in Virginia that we haven't run into big issues with fracking. That is something proponents to this bill will hold out there. We are not talking about your father's fracking. We talked about injectth sand and nitro again. Nitrogen. We would be kidding ourselves if we weren't preparing ourselves for a whole new way of tracking to happen. In modern fracking unlike what is used in Virginia May utilize hydromattic a aerocarbons like benzene. Many states have gone into fracking without a clear understanding. Pennsylvania learned this the hard way. In 204 their department of vialal protection released documentation of 243 cases in which oil and gas operations contaminated private drinking wells. Mr. Speaker, we have an opportunity to learn from the mistakes of those other states. Specifically, what this bill lacks is the ability for even our own state agencies to do their jobs by communicating and sharing information. Dmme is a great organization but it is only part of the equation when it comes to protecting pub live health. The Virginia department of health those are the experts in human health and private water quality in the wells. Our department of environmental quality, those are our experts in water quality and other environmental issues. We entrust these organizations. We pay these organizations to work together to protect human health and the environment. Let me make it real clear that both deq and vdh are locked out by the foia exemption. This isn't about permitting. This is about the family who might notice a change in the smell or taste of their water. Who contact the Virginia department of health. Imagine somebody on the other side tells the family they can only do part of their job because of trade secrets. There speaker, several amendments have been offerd that would just simply allow for communication among our state agencies so that they could do their job. Unfortunately, those have been rejected. I want to end on a reminder that the potomac aquifer which has been the subject of any discussions here with regard to adequate drinking water supply provides drinking water to over 3 million people. Under that aquifer lies the taylorsville basin stretching from Richmond and Chesterfield to Caroline and King George and oil and gas industry already expressed interest in exploring this basin. I think and I hope you will agree that allowing coordination among the state agencies is a small Price to pay for a foia exemption. Without the transparency, I would urge the body to reject the bill. Thank you very much,
[Unknown]
Thank you. Mr. Speaker. The gentle woman from Chesterfield .
[Unknown]
Mr. Speaker, this bill doesn't prevent our state agencies from talking to each other. If there is any kind of problem, they definitely can coordinate with each other and talk to deq and the department of public health. This is protecting the trade secret and chemicals and I have another bill coming up that addresses letting localities and everyone know recent regular res passed by dmme in September one included was water safety testing before and after. And if you do your research on fracking. Fracking is well be a low the surface water levels. I think that there is a lot of things that the gentleman from Fairfax has stated but I think that if you look a little deeper into it, they are not exactly accurate 100%. Thank you.
[Unknown]
Mr. Speaker.
[Unknown]
The gentleman Mr. Lingamfelter.
[Unknown]
Would the gentlewoman yield for a question.
[Unknown]
Would you yield?
[Unknown]
Yes, Mr. Speak.
[Unknown]
I request preface by pointing out that last year the Chesapeake bay commission had the opportunity to visit some actual fracking activities in pennsylvania and quite frankly, speaking for my self I was encouraged by what I saw in terms of what pennsylvania was doing to ensure that the fluids that were being used for fracking were, in fact, safe, properly handled, properly transported. And I think the gentleman from Fairfax recalls that one of the concerns that pennsylvania had early on was the cocktail. In other words, what was in the mixture and what was going in the ground and how it was potentially affecting water. I was very confident -- I 'm getting to May question, Mr. Speaker -- I was very confident that the fracking procedures are very safe. But here is my concern. Will localities have access to essential information concerning the material that is used in fracking under your bill?
[Unknown]
Mr. Speaker, I will respond to that in this particular bill it is that is not exactly state the out. In my other bill 1679, the lowe localities will have all of the information and a safety data sheet required within the time of permitting within seven days of permit given or submitted. They will have to provide all of that information to localities.
[Unknown]
I look forward to the gentlewoman's next bill.
Bill Howell
The gentleman from Arlington, Mr. Lopez.
Alfonso Lopez
Mr. Speaker would the gentle lady rise for a question.
[Unknown]
Would the gentlewoman yield?
Alfonso Lopez
I would.
[Unknown]
The gentlewoman yields.
[Unknown]
Is the gentle lady aware that fracking has caused significant harm to numerous counties in pennsylvania to the point where you have contaminated water wells? Really devastated areas near eagle and ly coming valley.
[Unknown]
I don't know of any groundwater contamination anywhere actually proved to be related to the fracking industry.
Bill Howell
Shall the bill be engrossed and passed to the third reading. All in favor say aye. Those opposed, no.
[Unknown]
The bill is passed engrossed to the third reading.
[Unknown]
House bill 1753. A bill to prohibit certain local government practices that
[Unknown]
40. Would --
[Unknown]
Different one.
[Unknown]
I skipped one.
[Unknown]
Never mind.
[Unknown]
There you go.
[Unknown]
Sorry about that. No worries.
[Unknown]
The House bill 1740 a bill to amend and reenact several sections of the coat relating to sanitary district authority to create or expand. Reported from the committee oning a dual, chess meek and natural resources.
Bill Howell
The gentleman from Loudoun .
[Unknown]
House bill 1740 amends the section of title 21 of the code dealing with sanitary districts that in essence small central taxing districts and not used very much anymore dow to new duw grants. Under the current law that dates back to the 1940's county circuit court judges were vested with the authority to abolish or shrink the sanitary districts. I'm advised that is harks back to the days when the local judge considered what we would consider today to be policy making. This.
[Unknown]
Bill: moves to the elected ed county boards of supervisors. I would ask that the bill be engrossed and advanced to the third reading.
Bill Howell
Shall the bill be engrossed and advanced to the third reading. As many as favor that motion will say aye, those opposed no. The bill is engrossed and advanced to the third reading.
[Unknown]
Now House bill 1753 to prohibit certain local government practices that would require contractors to provide compensation or benefits beyond those required by state or general law. Reported by the committee on general laws.
[Unknown]
Mr. Davis.
[Unknown]
House bill 753. Everyone has seen this a couple of times now. This bill prevents local governments from arequiring artificially high wages and benefits be paid -- requiring -- as a requirement to receive a local government contract. I hope it is the pleasure of the body to epigross and pass on to the third reading.
[Unknown]
Shall the bill be passed and engrossed to the third reading. All in favor say aye. Those opposed, no. The bill is engrossed and passed to its third reading.
[Unknown]
Turning to Page 24.
[Unknown]
Bill: 24 House bill 1825 to amend and reenact various section is of the code relating to the right to resail tickets to events. Sill penalty. The bill reported with a substitute. There is a floor substitute by Delegate Albo .
[Unknown]
Mr. Speaker, parliamentary inquiry. Do I need to reject the committee substitute or could I move to adopt the floor substitute?
[Unknown]
I would reject first.
[Unknown]
We have a floor substitute which adds the correct enforcement language. And so I would like to ask that we reject the committee substitute.
Bill Howell
The question is on adoption of the committee substitute. As many favor that motion say aye, those oppose nod. The committee substitute is rejected.
Bill Howell
I would like to move the floor substitute. For those members in the committee we found a problem with the enforcement mechanism. The attorney general's office lifted the language on how they enforce consumer protection and put it into this bill. And I think the gentleman from Salem looked it over and agrees it is in the correct form. I would move the floor substitute.
Bill Howell
The question is on adoption of the floor substitute offered by the gentleman from Fairfax, as many as favor adoption of the Mr. Albo. Floor substitute will please say those opposed no. Aye. The floor substitute agreed to.
Bill Howell
The gentleman from Fairfax .
[Unknown]
Tell us what the current law is and tell us what the problem and what the solution it. The current situation. And we will use this bill applies to all sorts of events and performing artist events but let's use concerts as an example. Right now, u2 is going on tour and they have a show coming up at fed ex field. The tickets went on sale at 10:00. My constituent wrote mely me lividbecause by 10:20 they wd out. Ticketmaster which has a 70% to 80% market share around the country but if they are the only people selling they have 100% market share for the u2 concert. They have a rule and their rule is if you buy a ticket and you can't go, you can only resell your ticket on their ticketmaster website. So you can buy the ticket and if you want to resell you can't go ton to craigslist or stub hub or give it to a friend. You have to tell it on their website. They take 15%. They did that two-fold. Number one. They are probably getting angry at people buying the tickets scalpers right, and increasing the cost. And secondly, they want to get 15% of the after market. It is america, right? Want to try to find a way to make some money. The problem also is if you want to go see u2 you bring your ticket but you have to go with your credit card or with your I .D. To get in so you can't give your ticket to a friend unless you are going with that person. So, here is the problem. I will use an example of the citizen legislature because I have often sat on the House floor here the citizen legislature is the greatest form of democracy because we live the lives our constituents live and this citizen I will tell you about is dave Albo. So, one thing I think my wife rita would tell you that she did not know about me when we got married, she figured republican, lawyer, you know, straight guy. She did not know that I am a metal Head ! I love this stuff. I -- in 1978 or '79 I remember feeling so old because my mom and dad let me go drive to see judas priest and iron maiden and we went with my three buds and we had a blast. I love the stuff ♪♪
[Unknown]
Very good! I still love it. And any time a show comes in the area, I go. Now, iron maiden is a specifically a very big, big band to me because they have the coolest iconic symbol in all of rock. And I 'm going to show it to you this here is a picture of eddie here. And eddie appears on every iron maiden album and if you are in a high school band, national honor society and got cut from every sport you tried out for, eddie is all you had in 1979! [laughter] >> So I find out that iron maiden is coming to jeffersony lube near Manassas and I get online at 9:59:59 because tickets go on sale at 10:00 and get two tickets $200 because they are trying to make money off middle aged guys like me who finally have jobs, right. I'm so excited and put it on the calendar and like June 15, six months in advance. Around the end of May, I say rita, we're going to see iron maiden and she says who is iron maiden. You know, iron mader. The trooper. You know "run to the hills." "fear of the dark." she says we are going on family vacation to the outer banks to take your devil horns and put them around your steering wheel because you are going to the outer banks. I will give you a multiple choice question. A, my response was listen to me, I 'm going to rock! I'm going to see iron maiden. Or b. Okay, honey, I will try to sell the tickets. [laughter]
[Unknown]
If you chose b, you are correct. So I get online and I find out that unbeknowned to me. Granted, ticket master wasn't lying to me. They had the blah, blah, blah stuff that I it kick through.
[Unknown]
The lawyer stuff.
[Unknown]
That I had to sell them onlane. So I use the site to sell them guess what, to my shock and online. Horror, iron maiden didn't sell out. And so.
[Unknown]
No one wanted to buy my [laughter] tickets. So then I thought well, I will give them to a friend of moo in that wants to go but I would have to give my I .D. Or credit card to my friend. Think I would give him my credit card? Heck no, that concert would cost me another $200 in beer so I had to eat it. That led me to the bill. I found out that new York and colorado have a law and that law says basically in the operative language in the bill says that when a ticket goes on sale, the delivery method must allow that the purchaser to use the ticket purchasing platform of their choice. So, what it bill would say is if you vote for it, if a person buys the ticket, then the person can use the ticketmaster website to sell it, stubhub, craigs list, they can give it to their friends and it becomes their property right and they can do with it what they want and transfer how they want. The bill includes an enforcement mechanism and brings it to the attorney general and enforce just like other consumer protection methods. With that, engross and pass to the third reading.
[Unknown]
Mr. Speaker.
Bill Howell
The georgia from Virginia beach. The gentleman has the floor.
[Unknown]
May I speak to the bill?
[Unknown]
Just to echo what Delegate Albo and we had a brief conversation. If you know me, you know I love my family and the beach and a certain irish band from dublin. I was one of those geeks he was talking about waiting in queue to get the ticket. And I 'm at an age where my daughters still think their dad is cool and his musical taste is are cool. I was able to score tickets, my wife and I. I wasn't able to get tickets for my daughter. Luckily, I have a friend out west who is a member of the fan club and he said no problem. I will buy a ticket to the d.C. Show and you just pay me face value and fed ex to you. So I was excited. Excited to tell my little girl she would be able to see the band and then I got the phone call saying nope, ticketmaster won't allow me to transfer it. He lives out west and he will not be at the show. So there is two things that struck me. One, this is such a violation of just free market and freedom. If I pay for something, I should be able to do with it whatever I want, right? And the second thing that struck me with such horror was I was going to have to go back to my little girl and break her heart. On behalf of all dads everywhere that hate too dispint their children, I can that you support the bill for the children.
Bill Howell
The gentlewoman from Fairfax .
Bill Howell
Thank you. Would the gentleman from Fairfax resume the floor for purposes of a question.
[Unknown]
Would the gentleman yield?
[Unknown]
I yield.
[Unknown]
The gentleman yields.
[Unknown]
The first question is if the event is outside Virginia, in my case the caps games in d.C., am I going to have any problem in getting -- having my rights preserved for those tickets?
[Unknown]
I would imagine -- I have not thought about this yet -- but it seems to me this bill would only affect shows in Virginia. I mean -- I wish -- we should run the whole country but we don't. [laughter]
[Unknown]
Speaking to the bill. At the proper time.
Bill Howell
Okay. The gentleman from Prince William exploration Marshall .
Bill Howell
Mr. Speaker would the gentleman from Fairfax yield for a question?
[Unknown]
I yield.
[Unknown]
The gentleman yields.
[Unknown]
If you were to go to a movie and buy a ticket, you could give it to anybody on the street, is that correct?
[Unknown]
That's correct.
[Unknown]
Is there any other circumstance where a ticket of admission to any event does not convey a property right to the use of that ticket?
[Unknown]
I have never heard of anything like this before it happened to me. I can't say for sure that there isn't another thing like this. And I go to a lot of shows. I cannot think of another thing where if I bought a ticket I 'm restricted in how I can transfer it.
[Unknown]
Further question.
[Unknown]
Will the gentleman yield?
[Unknown]
I yield.
[Unknown]
The gentleman yields.
[Unknown]
The gentleman has given us lectures on the queen of england and descent of common law. Aware ever any common law right to a use of an admission ticket? Seems this is a fundamental property right that you have that they are attempting to condition?
[Unknown]
Mr. Speaker, I don't want to argue their side, but I don't think it would be fair to not at least inform you what their side of the story is. Their side is it is their show and they can make the rules the way they want.
[Unknown]
And it is your money.
[Unknown]
Thank you, Mr. Speaker.
Bill Howell
The gentleman from Salem, Mr .
[Unknown]
Mr. Speaker speaking to the bill briefly.
Bill Howell
The chairman has the floor. >> I would never speak against Mr. Albo's floor. I want to clarify because I 'm a no vote. I'm a no vote for every single they did fix the thing about thing. Enforcement. If you like the unstance the enforcement part is right. I still think it is a bad bill but the enforcement is better. [laughter] >> The gentlewoman from Fairfax, Ms. Watts.
[Unknown]
I will also be brief. For any who have donated to a charity tickets that you May have as I regularly do, how in the world under this new regime are you going to be able to give the person the tickets that they have bid upon? Last, again, this season, I was not happy although at least he was my grandson, to give the credit card and say okay, enjoy. But that is the only way that we can get in to the game is with that credit card. Again, really influencing how we use what we have purchased. Again, I underscore I know many of you are May have made such similar donations that you have nothing to give them under this new regime of always being controlled through credit card. I also wonder if next season we are going to have problems sharing the season's tickets as we do with two or three other people as to who owns those tickets as they are bartered off among the people who share the tickets to all of the games. This is just a beginning. While we don't have legislative record, I certainly hope that ticketmasters and anybody else is listening to what their method of business is doing to those of us who in good faith buy tickets and should have control over how those tickets are used.
Bill Howell
Shall the bill be engrossed and passed to the third reading. As many as favor that motion say aye. Those opposed no. The bill is engrossed and passed to the third reading.
[Unknown]
House bill 1858. A bill to amend and reenact a section of the code of Virginia relating to the department of small business and supplier diversity certification of small women owned and minority owned businesses. Reported from the committee on general laws with amendment.
Bill Howell
The gentleman from Arlington, Mr. Lopez.
Alfonso Lopez
Thank you, Mr. Speaker. I move the amendment.
Bill Howell
The question is on adoption. As many as favor the motion say aye. Those oppose no. The committee amendment is agreed to.
Alfonso Lopez
Allows businesses to be automatically certified for the purposes of swem certification. It requires an extensive process and documentation so we know that federally certified businesses are truly small women and minority owned. In addition, the Virginia department of small businesses has major backlog of companies applying for certification. The change will help by savingle time and money, streamlining the process, cutting red tape and speeding certification for companies already certified as small, women or minority owned. I ask that the bill be engrossed grossedand passed to its third .
Bill Howell
The gentleman from Culpeper .
[Unknown]
Will the gentleman yield for a question?
[Unknown]
Will the gentlemen yield.
[Unknown]
Yes.
[Unknown]
How the federal government does as far as certify whether it is a women owned business.
[Unknown]
For a woman owned you have to meet the small business size stan dad for the primary code and contract. Be at least 51% unconditionally and directly owned by women who are u.S. Citizens a and they must be engaged in the day-to-day operations and be the decision makers and hold the highest officer position and have to work full time during working hours and have no minimum amount of time for the business to be operational. The federal standard for an 8- a and hub zone talking about in some cases a year or two to actually go through the -- get to the proper certification and to go through the paperwork. It is shorter here in Virginia but saying through the bill if you go through the process of availing yourself of the 8-a standard and put in the time and attention and documentation necessary and money typically involved in getting the 8-a or women certified business at the next level then you should be able to automatically go through the Virginia process which, of course, is shorter but is still onerous and problematic for especially microbusinesses.
[Unknown]
Will the gentleman yield for another yes.
[Unknown]
Will the gentleman yield?
[Unknown]
The gentleman yields.
[Unknown]
How does the federal government determine that the woman owned business is owned by a woman?
[Unknown]
The reason I ask is bus Delegate jimmy Massie, if he were to open up a business and declare himself a woman-owned small business, how would the federal government determine that he was not actually a woman owned small business?
[Unknown]
Mr. Speaker, they do have site visits and folks through the sba process that require you have to provide certain documentation information including information that explains or your, you know, driver's licenses, passports, and so on and so forth that this designate whether or not you are a woman or a man.
[Unknown]
I thank the gentleman. Would he yield for one more question.
[Unknown]
Would the gentleman yield.
[Unknown]
I will.
[Unknown]
What part of the documentation that the federal government uses determines whether or not, what provides the object investor standard okay, now, we know you are a woman? [laughter]
[Unknown]
Mr. Speaker, I would be happy to answer the question with the Delegate and provide him with the actual answer. I can't give him the actual answer right now but I can easily find it and get it for him probably today.
[Unknown]
I thank the gentleman, Mr. Speaker.
[Unknown]
Is the gentleman saying he wants the bill to go bye?
[Unknown]
No, sir, Mr. Speak.
[Unknown]
Okay. The gentleman --
[Unknown]
I move this bill go bye for the day.
Bill Howell
Without objection. The bill goes bye for the day.
[Unknown]
Continuing with the calendar. Page 24, the printed version. House bill 1911. A bill to amend and to reenact a section of the code related to public institutions of higher education. Resident assistance, mental health, first aid train reported from the committee on education with amendment.
Bill Howell
The gentleman from Giles, Mr .
[Unknown]
Thank you, Mr. Speaker. I move adoption of the committee amount.
Bill Howell
The gentleman from Giles moves the amendments. As am as feigner the adoption of the committee amendment will say aye, those opposed no. The committee amendment is adopt.
[Unknown]
Requires those participate in either mental health first aid training or equivalent of that. I hope it would be the pleasure to engross the bill and pass to the third reading.
Bill Howell
Shall the bill be engrossed and passed to its third reading. As many as favor say aye. Those opposed no. The bill is engrossed and passed to third reading.
[Unknown]
House bill 1794. A department to require the department of environmental quality to receive approval from the general assembly for a state plan prior to sub mighting the plan to the united states environmental protection agency for approval. Report to the committee on congress and labor.
Bill Howell
The gentleman from Washington, Mr. O'quinn?
Israel O'Quinn
Thanks you,.
[Unknown]
House bill 1974 carried three years in a row now and requires that the general assembly not only get a chance to look at but also vote on any plan that is submitted or put together by deq. My concerns has been affordability and reliability. Affordability for those who May not be able to afford the new type of power grid that we would have to come up with. And reliability because you know some of the gas and coal use and nuclear for base load electricity is reliable and it is hard to tell how that mix might be tinkered with under the clean power plan. There will be over 8 million plus virginians affected by whatever plan is come up with and put in place. So rather than having one person and one state agency come up with a plan that affects over eight million people and all 140 general assembly members. It has been my contention all members should be able to lack at something of this magnitude and decide if we agree with the policy of it or not. That being said, Mr. Speaker, also find it curious to read directly from the fiscal impact statement that aaccompanies the bill. They do not have the full technical expertise. That and of itself should be more than enough reason to pass the bill because the agency supposed to be coming up with the plan does not have the expertise to do so. And, of course, as I said it does have a $350,000. I would like to rerefer. >> Mr. O'quinn moves that House bill 1974 be referred to the committee on appropriations.
Israel O'Quinn
The motion is agreed to. [no audio]
[Unknown]
House bill 2017. A bill to amend and to reason act two sections relating to the Virginia public procurement act, bid, performance and payment bond. Waiver by localities. Reported with a suction.
[Unknown]
Substitute.
[Unknown]
Mr. Villanueva.
[Unknown]
I move the committee substitute.
Bill Howell
As many as favor that say aye, those opposed no. The gentleman from Virginia beach.
[Unknown]
Hopes to relieve businesses from the time consuming and costly processes for con flux projects that localities put out for bid under 500 k and allows to waive the performance bonds for up to 10 projects per year and also allows small businesses to broaden the ability to compete for the bid opportunities. I move that the bill be engrossed and passed to its third reading.
Bill Howell
Shall the bill be engrossed and advanced to the third reading. In favor of that motion say aye, those opposed no. The bill is pass the and engrassed to the third reading.
[Unknown]
Turn to Page 26. Continuing second reading regular House bill 2148. A bill to amend and reenact related to veteran services foundations powers and duties appoint of executive director report. Report the by the committee on general laws.
[Unknown]
Mr. Knight.
[Unknown]
Allows for the veteran services foundation to operate more independently from the department of veteran services. The money is subject to the oversight and use of the state. The bill will allow 9 privately donate the funds not to be subject to the the administration and use by the state agentgy. Mr. Speaker, move the bill be engrossed and moved to the third reading.
Bill Howell
Shall the bill be engrossed and passed toity third reading. As many as favor say aye. Those opposed no. The bill is pass the and engrossed to the third reading.
[Unknown]
House bill 2151. Relate to the the Virginia resources authority. Reported from the committee on general laws.
Bill Howell
The gentlewoman from Petersburg .
[Unknown]
Thank you, Mr. Speaker. Companion legislation to Senate bill 1042 which passed unanimously. The legislation transfers the responsibility for the the Virginia resources authority from the secretary of commerce and trade to the secretary of finance. The Virginia resources authority is responsible for making financing decisions for eligible projects which makes it best suited under the secretary of finance. I would ask the House engross the bill and pass on to the third reading.
Bill Howell
Shall the bill be engrossed and passed to the third reading. As many in favor say aye, those opposed no. The bill is engrossed and passed to the third reading.
[Unknown]
House bill 2306. A bill relating to the Arlington County school board maximum salary of members. Reported from the committee on education.
Bill Howell
The gentleman from Arlington, Mr. Hope.
Patrick Hope
Mr. Speaker and ladies and gentlemen of the House, every elected school board in the commonwealth of Virginia does not have a cap on the salaries that they can pay except for one and it is my jurisdiction of what. Arlington.
[Unknown]
Bill: House bill 23 o 6 do s is removes the cap. I hope it would be the pleasure to pass on and move to the third reading.
Patrick Hope
The gentleman from pittslyvania.
[Unknown]
You are removing the cap from Arlington to make it consistent with the rest of the commonwealth, is that correct?
[Unknown]
I would say to the gentleman that is exactly what we are doing.
[Unknown]
Mr. Speaker, would the gentleman yield for another yes?
[Unknown]
I yield.
[Unknown]
The gentleman yields.
[Unknown]
I would ask what is the current salary in Arlington ?
[Unknown]
I would respond to the gentleman it is base the on the cap here, it is $25,000.
[Unknown]
$25,000. Thank you, Mr. Speaker.
[Unknown]
Shall the bill be engrossed and passed to the third reading. As many as favor that motion, say aye, those opposed no. The chair is in doubt. As many as favor the motion raise their right hand. Those opposed, no. The bill is engross and passed to its third reading. >> Mr. Speaker, returning to Page 16 of the printed calendar. Page 16. Delegate Price 's House bill 2096 is a bill to amend and reenact a section of the code relating to procurement exemption for Virginia industries for the blind. Mr. Speaker, the bill has been explained.
Bill Howell
Shall the bill be engrossed and passed to its third readingle?
[Unknown]
Mr. Speaker.
[Unknown]
This is voting on it. You want to talk about it?
[Unknown]
Yes, Mr. Speaker. I do have a question for the patron of the bill if she would yield.
[Unknown]
Will the gentlewoman yield?
[Unknown]
Ile.
[Unknown]
The gentlewoman yields.
[Unknown]
Thank you, Mr. Speaker. I see this does have to do with procurement is that correct?
[Unknown]
Yes.
[Unknown]
Mr. Speaker, will the gentlewoman yield.
[Unknown]
I yield.
[Unknown]
The gentlewoman will yield.
[Unknown]
I would ask the gentlewoman on line 111 of the bill it refers to the javets abner o'day act. Would the gentlewoman explain the act and what it is?
[Unknown]
In 1938 the act allowed for or instructd that more of the federal contracts would go to workshops that were for the americans that were blind and vision impaired and then later in 1971, the javets act added a provision for those with severe
[Unknown]
Thank you, Mr. Speaker. Disabilities. I have no further questions.
Bill Howell
I guess not. Shall the bill be engrossed and passed to its third reading. As many as favor that motion say aye. Those opposed no. The bill is engrossed and passed to its third reading. [applause]
[Unknown]
Continuing with today's calendar. Next category, Page 27 on the printed calendar memorial resolutions. The memorial resolutions to be adopted in block list the on pages 27 through 30 with the exception of House joint resolution 601 and House resolution 328.
[Unknown]
Does any member desire to remove an additional resolution from the block? Hearing none, all those in favor of adopting in in a block the memorial resolutions laid on the speaker's table as list the on pages 27-30 of the calendar, with the exception of House joint resolution 601 and 328 shall please rise. Those resolutions are agreed to. >> Continuing on Page 30, the printed version. Next category, mending resolutions laid on the speaker's table to be adopted in blocks list the on pages 30-36 of today's printed calendar with the exception of House joint resolutions 558, 559, 815, 816, 817, 825, 826 as well as House resolution 327.
[Unknown]
Does any member desire to remove an additional resolution from the block? Hearing none, all those in favor of adopting the commending resolutions laid on the speaker's table on pages 30-36 of the calendar with the exception of House joint resolutions 558, 559, 815, 816, 817, 825 and 826 and House resolution 377 please say aye. Those opposed no. The resolutions are agreed to. The gentleman from Rockingham, Mr. Wilkin.
[Unknown]
I rise for purposes of announcement.
[Unknown]
We are not quite there yet.
[Unknown]
I'm sorry, Mr. Speaker.
[Unknown]
The resolutions are agreed to.
[Unknown]
Mr. Speaker, that completes the calendar.
Bill Howell
Does the clerk have any -- I will call on Mr. Wilt first. The gentleman from Rockingham, Mr. Wilt.
Tony Wilt
I want to thank the gentleman from Charlottesville for circulating the sign-up sheet and I also had one go and it is some where, if somebody could return that to me, please. Thank you, Mr. Speaker.
[Unknown]
The clerk have any announcements or communications?
Tony Wilt
No communications. Announcements for the meetings and those for next Monday. This afternoon, cc and t sub 2 meeting canceled. They won't be meeting. As the chairman of public safety noted earlier, they will be immediating immediately upon adjournment down stairs in House room one. An additional meeting. House room one here in the cap 208. Also immediately upon adjournment, House committee on the for courts of justice meeting over in House room c. A change in time. Courts immediately upon adjournment. And then immediately upon adjournment of the full committee, the courts of justice ethics subcommittee meeting in the fourth four west conference room. Then immediately upon adjournment -- not then but also immediately upon atournament upon the full committee the courts of justice mental health subcommittee meet in House room then Mr. Speaker today's c. Appropriations committee meeting canceled. And the education and elementary secondary education committee they will be meeting this afternoon a half hour after adjournment in House room d across the way. Education and elementary and secondary education. That is an additional meeting for them in House room d a half hour after adjournment. The capitol region caucus will meet a half hour after adjournment of appropriations since they are not meeting I assume this will be pretty soon. The 8th floor west conference room. There you have it.
[Unknown]
Looking ahead to Monday, January 30. First up, the transportation committee subcommittee number one, they will be meeting in five east conference room. That is at 7:00. At 8:00, the biosciences caucus will meet in the fourth floor west conference room. The committee on education Monday morning at 8:00 a.M. In House room d. A change of time for ed starting at 8:00 a.M., House room d. Also on Monday, the privileges and elections constitutional subcommittee they will be meeting at 8:00 a.M. But meeting in House room c. A change in location for the constitutional sub. The finance committee will meet at its regular time on Monday at 8:30 upstairs in the ninth floor appropriations room. Also on Monday, science and technology commit yes will meet at 10:00 a.M. In House room c. Finally, Mr. Speaker the democratic caucus meeting in House room 2 at 11:15 and republican caucus at 15:30 thyme in House room room.
[Unknown]
Mr. Cox.
[Unknown]
Mr. Speaker I move that when we adjourn today reconvene Monday January 30, 2017 at 12 noon.
Bill Howell
The gentleman moves to reconvene on Monday at 12 moon. The motion is agreed to. Gentleman from Colonial Heights, Mr. Cox.
Kirk Cox
I move the House do now a81.
[Unknown]
As many as favor the motion say aye, those opposed no. The motion is agreed to. The House stands adjourned until Monday at 12 noon.