02/03/2017 House Proceedings

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Index

HB1650—00:00:40
HB2046—00:01:05
HB1572—00:00:26
HB1574—00:00:45
HB1716—00:00:30
HB1852—00:00:40
HB1774—00:01:45
HB1829—00:00:40
HB1929—00:00:10
HB2040—00:00:45
HB2107—00:00:20
HB2141—00:01:25
HB2171—00:00:40
HB2381—00:00:40
HB2331—00:00:40
HB2381—00:00:20
HB2422—00:00:35
HB2431—00:00:55
HB2432—00:01:40
HB1534—00:07:15
HB1536—00:07:01
HB1790—00:05:35
HB1900—00:20:36
HB1938—00:00:55
HB2191—00:21:16
HB2218—00:00:40
HB2255—00:00:40
HB2332—00:01:30
HB1573—00:03:10
Del. Lashrecse D. Aird (D-Petersburg)—01:35
Del. Joseph Yost (R-Blacksburg)—01:05
Del. David Yancey (R-Newport News)—01:35
Del. Kaye Kory (D-Falls Church)—00:55
Del. Betsy Carr (D-Richmond)—03:15
Del. James Edmunds (R-South Boston)—00:05
Del. Dave Albo (R-Springfield)—00:25
Del. David Toscano (D-Charlottesville)—00:00
Del. Dave Albo (R-Springfield)—01:15
Del. David Toscano (D-Charlottesville)—00:00
Del. Todd Gilbert (R-Woodstock)—00:05
Del. Rip Sullivan (D-Arlington)—00:35
Del. Kathleen Murphy (D-McLean)—00:25
Del. Sam Rasoul (D-Roanoke)—00:15
Del. Daun Hester (D-Norfolk)—00:30
Del. Bob Purkey (R-Virginia Beach)—00:15
Del. Gordon Helsel (R-Poquoson)—01:05
Del. Matt Fariss (R-Rustburg)—00:25
Del. Rich Anderson (R-Woodbridge)—01:05
Del. Patrick Hope (D-Arlington)—00:00
Del. Keith Hodges (R-Urbanna)—00:35
Del. Chris Stolle (R-Virginia Beach)—00:15
Del. Mark Dudenhefer (R-Stafford)—00:10
Del. James Edmunds (R-South Boston)—00:05
Del. Kathleen Murphy (D-McLean)—00:25
Del. Kathy Byron (R-Lynchburg)—00:00
Del. Jim LeMunyon (R-Oak Hill)—01:05
Del. Jimmie Massie (R-Richmond)—00:20
Del. Matt Fariss (R-Rustburg)—00:05
Del. Scott Lingamfelter (R-Woodbridge)—01:15
Del. Tim Hugo (R-Centreville)—00:15
Del. David Bulova (D-Fairfax)—02:31
Del. Ben Cline (R-Amherst)—00:00
Del. Steve Heretick (D-Portsmouth)—00:25
Del. Eileen Filler-Corn (D-Fairfax Station)—00:25
Del. Dickie Bell (R-Staunton)—01:40
Del. Lee Ware (R-Powhatan)—01:50
Del. Dickie Bell (R-Staunton)—05:25
Del. Greg Habeeb (R-Salem)—02:26
Del. Dickie Bell (R-Staunton)—01:20
Del. Scott Lingamfelter (R-Woodbridge)—01:05
Del. David Toscano (D-Charlottesville)—01:20
Del. Scott Lingamfelter (R-Woodbridge)—02:15
Del. Terry Kilgore (R-Gate City)—00:45
Del. Jimmie Massie (R-Richmond)—00:10
Del. Tommy Wright (R-Victoria)—06:46
Del. Jimmie Massie (R-Richmond)—03:05
Del. Matt Fariss (R-Rustburg)—06:00
Del. Jimmie Massie (R-Richmond)—00:40
Del. Lee Ware (R-Powhatan)—00:05
Del. James Edmunds (R-South Boston)—00:25
Del. Rob Bell (R-Charlottesville)—00:35
Del. Steve Landes (R-Weyers Cave)—03:25
Del. Alfonso Lopez (D-Arlington)—04:40
Del. Dave Albo (R-Springfield)—01:55
Del. Nick Freitas (R-Culpeper)—01:05
Del. Vivian Watts (D-Annandale)—03:20
Del. Bob Marshall (R-Manassas)—01:26
Del. Steve Landes (R-Weyers Cave)—03:05
Del. James Edmunds (R-South Boston)—00:15
Del. Roslyn Tyler (D-Jarratt)—01:15
Del. Nick Freitas (R-Culpeper)—00:30
Del. Gordon Helsel (R-Poquoson)—00:10
Del. Rob Bloxom (R-Accomack)—00:00
Del. Gordon Helsel (R-Poquoson)—01:05
Del. Chris Jones (R-Suffolk)—00:05
Del. Kirk Cox (R-Colonial Heights)—00:05
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Minutes

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

Mace placed on Speaker's table by Sergeant at Arms

Prayer offered by The Reverend Dr. David P. Dwight, Senior Pastor, Hope Church, Richmond

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

Attendance roll call - Quorum present

Leaves of Absence granted: Delegates Collins, Fowler, Greason, and Morefield

Journal for Thursday, February 2, 2017, approved by the Speaker

Senate communication received
Senate bills passed: SBs 839, 889, 890, 919, 927, 940, 966, 982, 1060, 1066, 1077, 1118, 1152, 1165, 1168, 1172, 1182, 1188, 1193, 1227, 1288, 1300, 1305, 1310, 1322, 1333, 1342, 1352, 1374, 1395, 1427, 1441, 1444, 1459, 1473, 1479, 1483, 1551

Senate communication received
Senate joint resolutions agreed to: SJRs 315, 323, 338, 343, 344, 345, 346, 348, 349, 350, 351, 352, 353, 354, 355, 356, 358
House joint resolutions agreed to: HJRs 748, 754, 786, 788, 789, 790, 792, 794, 795, 796, 797, 798, 799, 800, 801, 802, 803, 804, 805, 806, 807, 808, 809, 811, 812, 814, 818, 819, 820, 821, 822, 824, 827, 828

Committee reports
From Commerce and Labor: HBs 1656, 1835S, 2108S, 2267S, 2303S, 2318S, 2358S, 2390As, 2411A
From General Laws: HBs 1539S, 1540, 1731S, 1734, 1876, 1926S, 1932A, 1943S, 1971, 1987S, 2033S, 2043S, 2143S, 2144As, 2145S, 2146, 2177S, 2178, 2203S, 2217As, 2220A, 2237A, 2242A, 2354, 2356A, 2359S, 2360S, 2366S (referred), 2370S (referred), 2391, 2394, 2396S, 2402, 2425, 2428, 2439
From Militia, Police and Public Safety: HB 2265 (referred)
From Privileges and Elections: HBs 1409, 2415A; HJs 545A, 562A, 693

Motion by Delegate Yancey to adjourn in honor and memory of the Honorable Robert Mark Yacobi agreed to

HR 328 taken up agreed to

HJR 849 taken up and 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 1514S - Passed Block Vote (Y-95 N-0)
HB 1890 - Passed Block Vote (Y-95 N-0)
HB 2035 - Passed Block Vote (Y-95 N-0)
HB 1483S - Passed Block Vote (Y-95 N-0)
HB 1548S - Passed Block Vote (Y-95 N-0)
HB 1691 - Passed Block Vote (Y-95 N-0)
HB 1768S - Passed Block Vote (Y-95 N-0)
HB 2183S - Passed Block Vote (Y-95 N-0)
HB 2206 - Passed Block Vote (Y-95 N-0)
HB 2244S - Passed Block Vote (Y-95 N-0)
HB 2248S - Passed Block Vote (Y-95 N-0)
HB 2249 - Passed Block Vote (Y-95 N-0)
HB 2250 - Passed Block Vote (Y-95 N-0)
HB 2336A - Passed Block Vote (Y-95 N-0)
HB 2347S - Passed Block Vote (Y-95 N-0)
HB 2436A - Passed Block Vote (Y-95 N-0)

HOUSE BILLS READ THIRD TIME
REGULAR CALENDAR
HB 1852A - Passed (Y-62 N-32), Reconsidered, Passed (Y-64 N-31)
HB 2351 - Passed (Y-71 N-24)
HB 1420S - Passed (Y-86 N-8)
HB 1568A - Passed (Y-73 N-21)
HB 1853S - Passed (Y-66 N-28)
HB 2002 - Passed (Y-59 N-36)
HB 2225A - Passed (Y-61 N-34)
HB 2317A - Passed (Y-59 N-36)

HOUSE BILLS READ SECOND TIME
UNCONTESTED CALENDAR
HB 1661 - Passed by until Monday, February 6, 2017
HB 1662S - Passed by until Monday, February 6, 2017
HB 1663S - Passed by until Monday, February 6, 2017
HB 1467 - Passed by for the day
HB 1650S - Committee Substitute agreed to, Engrossed
HB 2046S - Committee Substitute agreed to, Engrossed
HB 2156S - Committee Substitute agreed to, Engrossed
HB 2279 - Engrossed
HB 1517S - Committee Substitute agreed to, Engrossed
HB 1572 - Engrossed
HB 1573S - Moved to Regular Calendar
HB 1574S - Committee Substitute agreed to, Engrossed
HB 1600S - Committee Substitute agreed to, Engrossed
HB 1653 - Engrossed
HB 1716 - Engrossed
HB 1718A - Committee Amendment agreed to, Engrossed
HB 1736 - Moved to Regular Calendar
HB 1774S - Committee Substitute agreed to, Engrossed
HB 1796S - Committee Substitute agreed to, Engrossed
HB 1829 - Engrossed
HB 1939 - Engrossed
HB 1981A - Passed by for the day
HB 2040 - Engrossed
HB 2107 - Engrossed
HB 2141 - Engrossed
HB 2171S - Committee Substitute agreed to, Engrossed
HB 2381A - Committee Amendment agreed to, Engrossed
HB 2383A - Committee Amendments agreed to, Engrossed
HB 2422A - Committee Amendments agreed to, Engrossed
HB 2431 - Engrossed
HB 2432 - Engrossed

HOUSE BILLS READ SECOND TIME
REGULAR CALENDAR
HB 2406 - Passed by for the day
HB 1428S - Passed by for the day
HB 1544A - Passed by for the day
HB 1679A - Passed by for the day
HB 1813 - Passed by for the day
HB 2142S - Passed by for the day
HB 2196S - Passed by for the day
HB 1736 - Passed by for the day

RESOLUTIONS
UNCONTESTED CALENDAR
HJR 823 - Passed by until Monday, February 6, 2017

MEMORIAL RESOLUTIONS ON THE SPEAKER'S TABLE
HJR 601 - Passed by for the day
HJR 851 - 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 825 - Passed by for the day
HJR 826 - Passed by for the day
HJR 857 - Passed by for the day

SENATE BILLS READ SECOND TIME
UNCONTESTED CALENDAR
SB 977
SB 1031

HOUSE BILLS READ FIRST TIME
UNCONTESTED CALENDAR
HB 1410S - Rereferred to Committee on Appropriations
HB 1491A
HB 1519S
HB 1595
HB 1687A
HB 1721A
HB 1836A
HB 1837S
HB 1845S
HB 1945S
HB 1960S
HB 1993S
HB 2016S
HB 2026S
HB 2074A
HB 2101A
HB 2119A
HB 2136S
HB 2137A
HB 2138S
HB 2139S
HB 2209AS
HB 2215
HB 2216
HB 2239S
HB 2258S
HB 2262S
HB 2269
HB 2362
HB 2423
HB 2427S
HB 2463A
HB 2477A

HOUSE BILLS READ FIRST TIME
REGULAR CALENDAR
HB 1400
HB 1408AS
HB 1463S
HB 1543
HB 1549S
HB 1605A
HB 1738S
HB 1804S
HB 1848
HB 1909A
HB 2020S
HB 2095A
HB 2174AS
HB 2219S
HB 2264
HB 2300S
HB 2395A
HB 2417A
HB 2453A
HB 2455
HB 2474S

SENATE BILLS READ FIRST TIME AND REFERRED
SB 815
SB 848
SB 853
SB 854
SB 861
SB 866
SB 904
SB 907
SB 928
SB 944
SB 946
SB 947
SB 953
SB 973
SB 1008
SB 1020
SB 1023
SB 1048
SB 1054
SB 1064
SB 1100
SB 1116
SB 1140
SB 1159
SB 1160
SB 1173
SB 1176
SB 1177
SB 1191
SB 1195
SB 1207
SB 1224
SB 1232
SB 1245
SB 1257
SB 1260
SB 1270
SB 1272
SB 1276
SB 1280
SB 1284
SB 1315
SB 1320
SB 1321
SB 1331
SB 1338
SB 1339
SB 1350
SB 1376
SB 1382
SB 1384
SB 1409
SB 1434
SB 1452
SB 1461
SB 1462
SB 1484
SB 1486
SB 1491
SB 1497
SB 1504
SB 1533
SB 1583
SB 1587

SENATE JOINT RESOLUTIONS REFERRED
SJR 342

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 is now in session, please retire to the gallery. Member will rise and be lead in prayer by the senior pastor of the hope church in Richmond and please stand for the pledge of allegiance of the flag of america lead by Mr. Cox.
[Unknown]
Good morning ladies and gentlemen, thank you for the invitation to be here today. Please join me as we pray. Dear God, we gather today to do the work of serving the people of the commonwealth of Virginia. We pray for all of them, for each one of them, that you would bless them, the old and the young, almost 8.5 million people God, in the cities and towns, the population centers in our rural landscapes, help us lord to love them, to love each other, to care and to listen. We gather knowing that we're in your presence and that your presence and character is what we need. Repray that you will give us strong minds and strong hearts, courage and kindness, and desire to be servants. We pray that we will make a contribution to a government that fosters righteousness, Peace, and well-being, both in the commonwealth and in the united states. We pray that with hearts that are fully known to you, hoping that we are praying in your name and in your character, oh God. Amen.
[Unknown]
Amen.
[Unknown]
I pledge allegiance to the flag, to the united states of america, and to the repub public to which it stands, one nation, under God, indivisible, with liberty and justice for all.
[Unknown]
Answer your roll call by recognizing your presence on the electronic voting board. Close the roll.
[Unknown]
Pursuit House rule 3, I exam and approve the delegates for February 2nd, 2017. Motions and resolutions under rule 39 are now in order. Does the House have any questions?
[Unknown]
Not at this time Mr. Speaker.
[Unknown]
Thank you Mr. Speaker, I rise for the point of personal personal privilege, excuse me. Gentlemen of the House, most Mr. Speaker and ladies and people affiliate stroke and heart disease that a health condition that only managements men, but it's the leading cause of death for women in the united states, and in particular, privilege, more point of minority women, according to the c.D.C., 1 in 3 women die each year as a result of heart disease, killing approximately 1 woman every 80 seconds. 90% of women have one or more risk factors for developing heart disease, yet few women believe that heart disease is even her greatest health threat. Today is national wear red day, and men and women around the country are wearing red in support of the american heart association's movement to end heart disease and stroke in we can change the untimely death women. Of women everywhere with increased awareness. Almost 2/3 of women that suddenly die of heart disease have no previous symptoms. If you have an important woman, daughter, granddaughter in your life, talk to them right now about the choices they can make to prevent heart disease. If you do, you can save their lives, as well as thousands of other lives everyday. Thank you for joining me and wearing red for the go red for the american heart association for the american women in your life. [applause]
Bill Howell
The gentleman from Giles, Mr. Yost.
Joseph Yost
Thank you, if I ask Virginia tech's president to rise, the first lady of Virginia tech, athletic director with babcock, and Virginia tech's newest football coach justin fuentes. He became Head coach on November 29th, 2015, after orchestrating one of the program rescue resurrections. A market filled with high profile openings, he said Virginia tech was a program he admired from afar, a great environment to raise his family and campus leaders committed to winning with integrity. While following in the footsteps of beamer would be a daunting task, he inherited the nation's longest fan brace return to a national championship. Mr. Speaker, members of the body, I like to give a warm welcome to the flagship institution of higher education. Thank you. [cheering and applause]
[Unknown]
We're delighted to have the president of Virginia tech with us today, we congratulate you on all your successes and we continue to encourage you as you help the students in Virginia and all across the country. Thank you for being here today. And it's really not the flagship. [laughter]
Joseph Yost
Mr. Yancey.
[Unknown]
Thank you Mr. Speaker, I rise for a privilege and motion.
[Unknown]
Thank you Mr. Speaker, members of the House, in Newport News, a very well-known and remarkable jurist passed away. Judge robert bucky was loved by all, will be missed by all, and was a good friend to all. He was an avid hunter, a member of the knights of columbus, a loving father and husband, retired united states army, and passionate about his role as a my brothers can attest to and jurist. Lot of young people I grew up with, when you went before him and his court, you did get bit by his whit, but more importantly what we knew and what everybody knew back home is that he worked with young people, especially those who have gotten off track, back on track. His love and his concern for the young people in the 7th district was remarkable, was well-known, and there are a lot of people in Newport News, and I expect through the commonwealth, that he helped personally turn their lives around and get back where they need to be and are now great citizens, loving husbands, loving fathers, and great people. Mr. Speaker, members of the House, he was a force of nature. He was passionate about life, he had a great sense of humor, and he will be missed truly by one and all. Mr. Speaker, I move that today when the House of delegates adjourns, that we adjourn in the honor and memory of the honorable robert mark bucky yacobi.
[Unknown]
The member from Newport News, Mr. Yancey moves that when the House adjourns, that we adjourn in the honor of the honorable robert mark bucky. Those in favor, please rise. That motion is agreed to. The woman from Fairfax, Mrs. Kory.
[Unknown]
Thank you Mr. Speaker, I rise for a request that is also a motion.
Bill Howell
Gentleman has the floor.
[Unknown]
Thank you, I request that House resolution hb32h, a memorial resolution from caitlin piper be taken out of order.
[Unknown]
Resolution 328, celebrating the life of caitlin piper.
Bill Howell
Gentleman from Fairfax .
[Unknown]
Thank you Mr. Speaker, I 'll be brief, this is hard to say. This young woman was a very brave advocate for educating people about dyslexia, which is the disease that ultimately took her life and her mother is here. Would you stand up please. Please everybody, give her a warm welcome. [applause]
Bill Howell
As many as favor the option of a resolution, please rise. That resolution is agreed to. The gentleman from richards city, Ms. Cara.
[Unknown]
Thank you Mr. Speaker, I rise for a motion and personal privilege.
[Unknown]
You have the floor.
[Unknown]
Thank you Mr. Speaker, joint House resolution 849 on Page 38, which recognizes jay branch for his contributions to our commonwealth be brought up out of order for consideration and
[Unknown]
House resolution 849, passage. Commending jay branch.
Bill Howell
Gentleman from richards city.
[Unknown]
Thank you, move to passage.
[Unknown]
Those in favor say aye.
[Unknown]
Aye.
[Unknown]
That motion is agreed to.
[Unknown]
As we continue to celebrate Black history month and note rosa park's birthday, which is Saturday, February 4th. I like to recognize and celebrate a local hero, who is here with us today. This cultural icon who is greatly influenced the arts and culture, not only of our commonwealth, but also of the greater world beyond is Mr. James branch. He's in the gallery with us today as a saxophonist, songwriter, music and film producer, he's used his talent to entertain, inspire, and promote social harmony throughout the world. Educated in Richmond 's segregated schools, Mr. Branch began expanding his interest in intercultural music in columbia university in new York. He recognized it's an important way to empower people. In 1971, he formed juju a musical group that combined soul and jazz influences. They continued to perform, most recently as funky and oneness. He released many albums and toured in the united states, france, germany, austria, japan, brazil. He's opened showings for ray charles, earth wind and fire, and delighted audiences at the new orleans' world fair, national Black arts festival, and the Hampton jazz festival. He's a founder of Richmond jazz society, which spreads jazz in all of its forms across our city. He's educated audiences at home and around the world about the cultural significance of music. His lecture on african-american music at Virginia commonwealth university, and districted the university jazz ensemble. He performed in public schools around the state and serves as an artist and resident. He was a 2015 strong man honoree. He chronicles his spiritual his attempt to mentor younger mu journey. What he has done. I would like to welcome him and thank you him for his contributions for our commonwealth. [applause]
[Unknown]
It's an honor to have the gentleman with us today and we thank you for all you done for the commonwealth. The member from Halifax .
[Unknown]
I rise for an introduction.
Bill Howell
The gentleman has the floor.
[Unknown]
Now here at the capitol, we have Mr. Steven walker, along with a group of students from south side community college. I ask the House to join me in giving our guests a warm House welcome. [applause]
[Unknown]
Thank you for your time in the capitol. Does the clerk have any calendar moves to talk about?
[Unknown]
Yes, sir Mr. Speaker. For moves Mr. Speaker, just one on Page 15 of the printed calendar, House bill second reading uncontested, hb1573, would the speaker, just one moment please.
[Unknown]
The House will be at ease. [no audio]
[Unknown]
Mr. Speaker, like I said, I 'm sorry, Page 15, move House big second reading, hb-1573 has been moved to the regular calendar by Delegate block on purposes of the floor amendment, a number of bys for the day Mr. Speaker, beginning on Page 13, House big second reading uncontested House bill 1467, on Page 19, within the same category, a number of House bill 1981 by Delegate Greason, House bill 2406, taken by her request and House bill hb428, request of Delegate Gilbert. 1544, take that by the request of the day by Delegate Gilbert, House bill second reading, House bill 1679, Delegate Robinson, takes that by her request, House bill 1813, by Delegate Leftwich, he would like to take that by for the day, House bill 2142, he would like to take that by for the day, on the same Page, Delegate kill gore, hb-2896, he would like to take that by the day. And looking ahead at the memorial and commending resolutions, Delegate Sullivan, 601, he would like to take that by for the day, on Page 33, fill corn would like to take that by the day. On 34, Delegate LeMunyon, Page 35, Delegate would like to take 825, and 826 by for the day, and now finally on Page 39, Delegate Robinson 857, she would like to take that by for the day.
[Unknown]
Mr. Gilbert.
[Unknown]
I move that those bills go by for the day please.
[Unknown]
By objection, those bills will be by for the day. Pursuant House rule 30, the following members are away on pressing personal business and are granted leave from today's session, delegates Collins, Fowler, Greason, and Morefield .
[Unknown]
Speaker, I rise for a motion please.
Bill Howell
Gentleman has the floor.
Bill Howell
Speaker on Page 41, House bill 410, this is the bill dealing with revisions on tuition, and out of state, in-state ratios, and the gentleman from Fairfax, Mrs. Hugo -- Mr. Hugo pointed out problems with it, so I would rerefer this back to appropriations.
Tim Hugo
The gentleman from Fairfax moves that the bill be removed for appropriations.
[Unknown]
Gentleman yields for questions.
Tim Hugo
I know this has been a controversial bill, can he tell us what the problem is to go back to appropriation?
[Unknown]
Sure, right now the bill has been dramatically changed from what I wanted. I mean I like to compromise to get things done, so what the bill says now, in the form that it sits on the table here, is that if a school goes over 30% out of state, then the money they make on the delta, from what it cost to educate that student to the money they're making off tuition, has to go to reduce tuition for students. Everything above 30%, whatever you have to use for in-state students. And it strikes my language, taking money from one student and giving it to another, saying that the schools will need to investigate how to best do it, what appropriate limits are, and to basically wean themselves off this system. The gentleman from Fairfax pointed out though that the bill has a problem in that it would incentivize Virginia tech to go from their current 75% instate to 70%, and he was a very smart thing he saw, so I want to move it back to appropriations because it's going to take too long for us to discuss it and work the details out here, it will be better to do it there.
[Unknown]
Gentleman yields for questions.
[Unknown]
I yield.
[Unknown]
This bill went to appropriations, is that right, it never went to any other committee, am I correct about that?
[Unknown]
I think it went to education first and then referred to appropriations.
[Unknown]
I thank the gentleman.
Bill Howell
Mr. Jones, questions on the motion offered by the gentleman from Mr. Fairfax to rerefer 410 to appropriations. Those in favor say aye.
[Unknown]
Aye.
[Unknown]
That motion is agreed to.
[Unknown]
Calendar for today, February 3rd, 2017, for the Virginia House of delegates, House bill on third reading uncontested calendar. Mr. Speaker, there are 16 bills in the block as follows, House bill 1514, 1890, 2035, 1548, 1768, House bill 2183, 2244, 2248, House bill 49, emergency Page 6, House bill 2336, House bill 2347, and House bill 2436.
[Unknown]
Shall the bills pass. Close the roll.
[Unknown]
95, no's 0.
[Unknown]
Aye95, the bill is passed.
[Unknown]
House bill on third reading regular. First up, House bill 1852, reenacting sections of the code for carrying concealed handguns protective orders.
[Unknown]
Shall the bill pass? Close the roll.
[Unknown]
Ayes 62, no's 32.
[Unknown]
Now reenacting the code on up occupied property grass cutting.
[Unknown]
Shall the bill pass?
[Unknown]
Ayes 71, no's 24.
[Unknown]
The bill is passed.
[Unknown]
Bill 1420, to enact various parts of the code psychiatric facilities.
[Unknown]
Shall the bill pass?
[Unknown]
Close the roll.
[Unknown]
Ayes 86, no's 8.
[Unknown]
The bill is passed.
[Unknown]
A bill to reenact several sections of the code criminal history background checks penalty.
Bill Howell
Shall the bill pass? Clerk will close the roll.
[Unknown]
Ayes 73, no's 21.
[Unknown]
The bill is passed.
[Unknown]
House bill 1853, a bill to reenact the section of the code of Virginia for victims of domestic violence, training course.
Bill Howell
Shall the bill pass? Clerk will close the roll.
[Unknown]
Ayes 66, no's 28.
[Unknown]
The bill is passed.
[Unknown]
Third reading of House bill 2002, related to refugee and immigrant resettlement annual report.
[Unknown]
Shall the bill pass? Clerk will close the roll.
[Unknown]
Ayes 59, no's 36.
[Unknown]
The bill is passed.
[Unknown]
House bill 2225, a bill to amend sections of the court involving charity care and other activities.
Bill Howell
Shall the bill pass? Clerk will close the roll.
[Unknown]
Ayes 61, no's 34.
[Unknown]
The bill is passed.
[Unknown]
And turning to Page 11, House bill 2317, a bill to amend and reenact sections of the code related to harm reduction programs, public health emergency, distributing needles and syringes.
Bill Howell
Shall the bill pass? Clerk will close the roll.
[Unknown]
Ayes 59, no's 36.
[Unknown]
The bill is passed.
[Unknown]
Mr. Speaker.
[Unknown]
Mr. Gilbert.
[Unknown]
I rise for a motion.
Bill Howell
Gentleman has the floor.
[Unknown]
We passed 1852, on Page 7 of the printed calendar, that we reconsider that vote.
[Unknown]
Mr. Gilbert said voting on the provision side which we passed 1852, that we reconsider that vote. Those in favor say aye.
[Unknown]
Aye.
[Unknown]
Those opposed say no.
Bill Howell
The vote pass. Clerk will close the roll.
[Unknown]
Ayes 64, no's 31.
[Unknown]
The bill is passed.
[Unknown]
Mr. Speaker, continuing on today's calendar, House bill reading uncontested, second reading block, beginning on Page 11 of the printed calendar, 1661 has been taken by until Monday, Page 12, House bill 1662 and 1663 has been taken by until Monday. House bill 67, first up in the block, House bill 1650, a bill for the release of keith allen harwood, appropriations with a
Bill Howell
Gentleman from Fairfax, substitute. Mr. Sullivan.
Rip Sullivan
Those in favor of that motion say aye.
[Unknown]
Aye.
Rip Sullivan
Substitute is agreed to. Gentleman from Fairfax .
[Unknown]
1850 is a relief bill that provides compensation to keep allen hart -- harwood to stay in prison for a crime he did not commit. We now know who committed the crimes. It follows the statutory procedure for incarcerating wrongful individuals. I hope it will be the pleasure of the body to engross the bill and pass to its third reading.
[Unknown]
Sorry, I got so excited. [laughter]
[Unknown]
Clerk will continue with calendar.
[Unknown]
House bill 2046, relating to prescription drug orders, on proper disposal, institutions with a substitute.
[Unknown]
Thank you Mr. Speaker, I move the committee substitute be adopted.
[Unknown]
The question on adoption committee substitute, those in favor say aye.
[Unknown]
Aye.
[Unknown]
House motion agreed to.
[Unknown]
The pharmacy to develop guidelines for counselling, and improper disposal of prescription drugs and it's a danger to our children, our families, and especially to our water supply. I ask that the bill be engrossed and passed to the third reading.
[Unknown]
The bill to reenact several sections of the code related to licensers to agencies of the commonwealth with a substitute.
[Unknown]
I move the committee substitute.
[Unknown]
Those in favor of that motion say aye.
[Unknown]
Aye.
[Unknown]
Those oppose say no.
[Unknown]
The motion is agreed to. 2156 relies for child welfare agencies, operated by agencies of the commonwealth. I move that the House passes it on to the third reading.
[Unknown]
House bill 2279, a bill to amend and reenact complaints involving members of the united states armed forces, the committee on health, welfare, and institutions.
[Unknown]
Thank you Mr. Speaker, Mr. Speaker, members of the House, to collect military affiliation as a part of child welfare in neglect cases and directs the entiies for alleged and founded cases with the appropriate military authorities, this is at a request for the department of defense and is one of the top key issues for the military families. I hope it's the will of the body to pass the bill and move to the third reading.
[Unknown]
A bill to amend and reenact the code of Virginia, regarding the management of sand management in the sand bridge beach subdivision, natural resources with a substitute.
[Unknown]
The member from Virginia beach, Mr. Knight. Now those in favor say aye.
[Unknown]
Aye.
[Unknown]
Those opposed say no. Motion moved.
[Unknown]
For a general permit for sand removal and be deposited back on the beach without the burdensome act now.
[Unknown]
A bill to reenact a section of the code of Virginia regarding marine resource commission.
[Unknown]
Thank you Mr. Speaker. Ladies and gentlemen of the House, House bill 1572, removes a two year waiting period for family members and apprentices for those wanting to inherit a fishing license of the death of another water man. I hope it's the will of the House to move the bill to the third reading.
[Unknown]
Next up in the block, 1574, to reenacted a section of the code relating to marine commissions, oysters, natural resources with a substitute.
[Unknown]
Mr. Hellson. Those in favor of that motion say aye.
[Unknown]
Aye.
[Unknown]
Substitute agreed to.
[Unknown]
Thank you Mr. Speaker, hb-1574 is another water man deal. It's to prevent the dumping of oysters in any river, that it is to be taken to a public ground to be reharvested. The substitute would allow a water man to pay a cash bond by using a credit card, and I hope the body will engross the bill and pass it to the third reading.
[Unknown]
Turning to Page 16 of today's printed calendar, continuing the House bill second reading, uncontested block on Page 16, House bill 1600 is a bill to amend and reenact a section of the code, from gas emissions from certain landfills, and natural resources with a substitute.
Bill Howell
Gentleman from Campbell .
[Unknown]
Yes Mr. Speaker, I move the substitute.
[Unknown]
Those in favor of that motion say aye.
[Unknown]
Aye.
[Unknown]
Those opposed say no, motion agreed to.
[Unknown]
Just to make sure the landfill is operating in Campbell county, works to help eliminate some of the odor problems that my community has faced. I appreciate everybody's hard work on this, I move to engross.
[Unknown]
Continuing with the block, House bill 1653, to reenact several sections of the House of Virginia, to the Virginia code commission, forward to the committee on rules.
[Unknown]
Hb-1653 is the commission reform bill that make sure the bill as we read them.
[Unknown]
House bill 1716, a bill by Delegate Anderson, to enact a section of the code related to alzheimer disease, and related disorders, report to committee on rules.
[Unknown]
Mr. Anderson.
[Unknown]
Thank you Mr. Speaker, the House bill 1716 simply extends the sunset date for the alzheimer association from July 1st, 20178, to July 1st, 2020. I want to move the House to the third reading.
[Unknown]
1718, a bill to enact several sections of the code related on civics education, named sunset. The committee on rules this time with an amendment.
Bill Howell
Gentleman from prince Williams, Mr. Anderson.
Rich Anderson
House bill 1718 simply extends the sunset date on the civics education from July 1st, 2017, to July 1st, 2020, which is of course a two year extension, or rather 19 Mr. Speaker, and there is an amendment before the House and I would move the committee amendment.
[Unknown]
Those in favor of those motion say aye.
Rich Anderson
Aye.
[Unknown]
Those opposed, say no. The motion is moved.
[Unknown]
To extend to 2019. I would move that the House engross the bill and move it to the third reading.
[Unknown]
Continuing with the block, House bill 1736, a bill to amend and reenact a section of the code on healthcare sunset.
Bill Howell
Gentleman from Arlington, Mr. Hope.
Patrick Hope
Thank you, Mr. Speaker, and members of the House, we extend the sunset to July of 2022, and hope that I ask we engross the bill and pass it on to the third reading.
[Unknown]
Continuing with the block on Page 18 of today's printed calendar, House bill 1774, a bill to amend and reenact several sections of the code, local rural development growth areas, regional storm water, and natural resources with a substitute.
Patrick Hope
Gentleman from Middlesex, Mr. Hodges.
Keith Hodges
Questions on the committee substitute, those in favor sa aye, those opposed say no. Motion agreed to.
[Unknown]
House bill 1774, directs the commonwealth center to examine storm water management and the tide water region. This group will look at the water quality protexts by the regulations, including the development of growth areas where volume credits can be used to fulfill water quantity requirements. I hope it's the House will pass the bill and move to the third reading.
Keith Hodges
House bill 1796, a bill to reenact a portion of the code, natural resources with a substitute.
Bill Howell
The gentleman from Virginia beach.
[Unknown]
Thank you Mr. Speaker, I move to substitute.
[Unknown]
Those in favor say aye, motion agreed to.
[Unknown]
Dredging projects in the lynn haven river on oyster lease ground that are restricted or otherwise non-productive. I move that the bill is engrossed and passed to the third reading.
[Unknown]
1829, relating to teacher license, certificate certification, and the use of external defibrillators, and hands-on education.
[Unknown]
House bill 1829, hands-on training to an already existing requirement for teachers to receive c.P.R. Training, I move that the bill be engrossed and passed to its third reading.
[Unknown]
Thank you.
[Unknown]
Turn to Page 19, House bill 1939, a bill to enact a section of the code relating to hunting apparel on natural resources.
Bill Howell
Gentleman from Halifax, Mr. Evans.
[Unknown]
Thank you, House bill 39 will allow the use of blaze pink in replacement of blaze Orange. It's more visible than blaze Orange. I move that the bill be passed on to the third reading.
[Unknown]
Thank you.
[Unknown]
House bill 1831 has been taken by for the day. Continuing with the uncontested second reading block, House bill 2040, a bill to amend the code of Virginia, relating to the state council post secondary school enrollment agreement.
[Unknown]
Gentleman from Fairfax, Mr. Murphy.
[Unknown]
Thank you Mr. Speaker. Post secondary school enter into an enrollment agreement with each student. We're doing this to enhance transparency and put in place protections that will clarify specific program requirements to each students and specify the policies of post secondary schools, to protect many whom are veterans. Will ask that the bill be engrossed and passed to the third reading.
[Unknown]
House bill 2100, a bill to repeal another all related to the health insurance reform commission, bureau of sunset committee.
Bill Howell
Gentleman from Bedford .
[Unknown]
House bill 2107 has some technical amendments to the process for the health reform commission and removes the sunset. I hope it will be the pleasure of the House to engross the bill and pass it on to the third reading.
[Unknown]
House bill 2141, a bill to reenact a section of the code of Virginia, relating to the board of education, reporting on the needs of education, report for the committee on education.
Bill Howell
The gentleman from Fairfax, Mr. He LeMunyon .
[Unknown]
Requiring that part of the annual report, the state board of education list all of the reports required from our local school divisions by those in Richmond and the federal government. The state board complied with that and as part of an appendix on December 1st, they listed 151 reports that our local school divisions have to send to Richmond or Washington every year. About a dozen of those can be eliminated. Each year when they do that, when they publish that report, they need to indicate why the report is needed and take additional steps as they May be able to take to eliminate the necessary reports, and that those are provided by different provisions of the Virginia code, we could eliminate unnecessary reports. This is not just the red tape elimination exercise, the data takes the time of teachers, principals, and add minute -- administrators, I hope it's the will of the body to pass it on to the third reading.
[Unknown]
Turn to Page 21 of the calendar, House big -- bill 2171, the six year plan investment plan earning, a report on the earning with a substitute.
[Unknown]
Mrs. -- Mr. Massie. The adoption of the substitute, those in favor say aye.
[Unknown]
Aye.
[Unknown]
The motion is agreed to.
[Unknown]
House bill 2171 is a transparency bill, and requires institutions to report by December 1st of every year to shed the value of their investments on the balance sheets, the earnings from those investments, and how those earnings were used. I move that the bill is engrossed and passed to the third reading.
[Unknown]
House bill 2381, a bill to amend and reenact a section of the code, the dangerous dogs, the committee of agricultural and natural resources amendment.
[Unknown]
Mr. Fariss.
[Unknown]
House bill 2381 is a bill to cot fie in law that animal wardens have the ability to make a decision whether a dog is dangerous or not when called just for a simple bite or scratch. I hope it will be the pleasure of the body to move the bill to the third reading.
[Unknown]
Those in favor of that motion will say aye. Aye.
[Unknown]
Those opposed say no, the amendment is agreed to.
[Unknown]
A bill to direct the compliance to regulations of certain combine overflow out falls, watershed with amendments.
Bill Howell
The gentleman from Prince William .
[Unknown]
I move the committee amendments.
[Unknown]
Those in favor of that motion say aye.
[Unknown]
Aye.
[Unknown]
Those opposed say no.
[Unknown]
2383 directs that the deq identifies the owners of any overflow out falls in Virginia. The three communities and the discharge into the watershed and to determine what actions by the owners are necessary to bring the out fall into compliance with Virginia law, and the federal claim water act, they require that such an owner, that these three localities in particular, to initiate construction activities by July 1st, 2024, to bring them into compliance with the epa policy and Virginia law, and report their progress to the deq, they require them to report all reports to the Chesapeake bay, and the governor, this is an important bill and we need to get these out falls under control. There is progress being made, more needs to be made, I move we engross the bill and pass it to a third reading.
[Unknown]
Turning to Page 22, continuing the block, House bill 22, a section of the code related to the notice of financial information collection disclosure practices, reported to the committee with amendments.
Bill Howell
Gentleman from Halifax, those in favor of the amendment say aye.
[Unknown]
Aye.
Bill Howell
Gentleman from Fairfax .
[Unknown]
Currently under law, privacy notices are provided annually. These must be provided only when there are changes to such Mr. Hugo. Privacy policies. This makes Virginia law consistent with the 2015 amendments to the grand leach act, and I hope it's the will of the body to pass it to the third
[Unknown]
A bill to reenact several reading. Sections of the code relating to school property, retail fee base, electrical vehicle charging stations.
[Unknown]
Thank you Mr. Speaker, ladies and gentlemen of the House, it allows schools to set up paper charging stations and it's the case that you can give away lex electricity for free, but prior to 2011 you couldn't charge for these. Working with the mcdonald administration in 2011, we changed that so you could have a retailer charge for these charging stations, and you actually seen these pop-up through the commonwealth. Thomas jefferson high school in my area is interested in installing one of these as part of a renovation, but they need a change to the definition in order to be able to do this. Dominion power was instrumental in passing the 2011 bill, and I ask that we engross the bill and pass it on to the third reading.
[Unknown]
Thank you.
[Unknown]
Continuing with the block, House bill 2432, relating to licensure of school personnel, license revocation, report to the committee of education.
[Unknown]
Thank you, ladies and gentlemen of the House, House bill 2432, deals with the process of revoking a teacher's license, where the board of education already has the authority to revoke a license. Regrettably, there was a recent negotiation where they discovered four teachers that admitted to sexual misconduct with students. It took years for them to be able to do this, one of those cases, the teacher was able to get a job at another locality where they continued that abuse. While the investigation was aimed at Fairfax, this isn't unique. There was a 2008 article in the Virginia pilot about three individuals who were convicted of child pornography or sexual assault who didn't have their license revoked for many years. The root of the problem comes down to not having information passed on by the local school district to the board of education of the department, where they can take action. When I talked to the department, I was pleased that they not only recognize the problem that came up with some solutions they thought would really help. It establishes the timeline for school boards to hold a hearing on these matters and more importantly it establishes a specific time when the investigative file has to be provided to the department. I hope we engross the bill and pass it on to the third reading.
[Unknown]
Request and motion.
[Unknown]
On Page 17, can House bill 1736 go to the calendar and I move for it to go by for the day. I spoken to the patron.
[Unknown]
That objection House bill 1736 will go to the regular calendar and by for the day. Those in favor of that motion say aye.
[Unknown]
Aye.
[Unknown]
Those opposed say no, the bills are engrossed and passed to the third reading.
[Unknown]
Continuing with today's calendar, the next category, House bill on second reading regular, Page 23 of the printed version, first up, House bill 2364, bill to amend and reenact a section of the code related to constitutional officers, automatic suspension of a felony, with amendment and Mr. Speaker, there also is a floor amendment.
Bill Howell
Gentleman from portsmith.
[Unknown]
Clerk floor amendment.
[Unknown]
By Delegate gones after line 20, that an emergency exists and is enforced from its passage.
[Unknown]
Move.
[Unknown]
Question on adoption of the floor amendment offered by the member from Sussex .
[Unknown]
An anti public corruption bill to suspend elected officials that are convicted of felony level offenses while serving in office. This will regrettably have its origins in a real world situation playing out in my direct. I urge together with the bipartisan report this bill is received by my colleagues here. I hope it will be a pleasure of the House to engross the bill and pass it to the third reading.
[Unknown]
Those in favor say aye.
[Unknown]
Aye.
[Unknown]
Those opposed say no, it's passed to the third reading.
[Unknown]
Now House bill second reading regular, 2257, a bill to reenact sections of the code related to an element of effective base programs on consent.
Bill Howell
Gentleman from fair max.
[Unknown]
Thank you Mr. Speaker.
[Unknown]
Those in favor of the amendment say aye.
[Unknown]
Aye. >>.
[Unknown]
Thank you, ladies and gentlemen, it requires family life education curriculum to encorporate age appropriate and evidence based program on the law and meaning of consent. I appreciate everybody's hard work and I hope it's the will of the body to engross this bill and passed to the third reading.
[Unknown]
Those in favor say aye, those opposed say no. It's passed to its third
[Unknown]
The next three bills have reading. Been taken by for the day, turning to Page 26, the printed calendar, House bill 1534, a bill to amend and reenact sections of the code relating to public schools on education with a substitute.
Bill Howell
Gentleman from stanton, Mr. Bell.
[Unknown]
Thank you, House bill 1534 redefines long-term suspension by students binary -- by narrowing the extension from 364 days, if it extends to a new grading period, they May ask for a review of their case, for possible readmission for the start of the next grading period. Ladies and gentlemen of the House, Virginia public schools issued over 126,000 out of school suspensions to approximately 70,000 individual students during the 2014-2015 school year. Most of those suspensions were short-term, they issued nearly 3,000 long-term suspensions during that school year. Of those long-term suspensions, over 200 were issued to elementary school students, and 1560 were issued to grades 8 and 9, and 10. The bottom line is there's no evidence to suggest that long-term suspension deters misconduct or deters school safety. The window of 11 to 90 days as this bill states, strikes a reasonable balance between suing consequences for behavior, while providing at least the chance that a student can come back and make academic process. Mr. Speaker, I will move that the bill be engrossed and passed to its third reading.
[Unknown]
Mr. Speaker, speaking to the bill.
Bill Howell
Gentleman has the floor.
[Unknown]
Mr. Speaker, I hesitate to rise and speak to this bill because I know my colleague is a former teacher and conscience legislature, and there is one that follows that's in the same arena. I rise because I 'm concerned about this bill and I 'm concerned about what we're doing here in Richmond that will affect lots of students, lots of teachers, and lots of classrooms. The practical effect of this legislation is to substitute our judgment in Richmond, in particular cases, to the judgment of school boards, superintendents, who deal with these kinds of circumstances, one of the toughest circumstance they face. Now we just heard the gentleman from Fairfax talk about what the state board of education does in dealing with teacher licensure in those hard cases. I sat in those meetings and they're not easy to deal with. Your schools today are not your grandfather's schools, and the kind of problems they face are not the problems that your grandfathers or grandmothers have faced, or we faced. There are some serious problems of discipline. As you think about this bill, I want you to think about the fact that it doesn't just set up a policy in place, it sets a policy in place that affects every teacher, and every student that's in a classroom, where these misbehaving students are, and it affects their capacity to learn, and their capacity to carry out teaching and learning in those classrooms. I think it's a bad precedent to enact that this kind of restriction on this kind of bill, I 'm speaking really to both this one and the one that follows in them, there are also causes for action, which will bring in yet more circumstances, the opportunity for a lawyer to intrude himself in that transaction that takes place between kids and teachers and in the classroom. I hope we will not do that and not engross these bills and take them to the third reading.
[Unknown]
The question on adoption of committee substitute, those in favor of that motion say aye.
[Unknown]
Mr. Speaker, would you like me to get the substitute adopted.
[Unknown]
Those in favor of the motion will say aye.
[Unknown]
Aye.
Bill Howell
Substitute is agreed to. Gentleman from stanton. Gentleman has the floor.
[Unknown]
Thank you, the code of Virginia gives the teachers the authority under 22.1-76.2 to remove a student from the classroom for disruptive behavior. This bill does not suggest that the student remain in the classroom. Schools currently must enact guidelines for the alternative assignment and instruction of that student for the duration of the removal. So schools should already have a plan in place for how to remove students from a classroom, and maintain them in the school building temporarily. Secondly, under 22.1-277.2, school boards May require students to attend an alternative education program based on a variety of factors, including those committed an offense in violation of school board policies. When a student commits a serious offense, schools can just reassign a student for an indefinite period of time, and they must provide instruction. Why would schools choose to expel when they can reassign? If the offense was so serious, that the student should not return to his or her school or remain in the classroom. Mr. Speaker, ladies and gentlemen, the Virginia constitution, article viii section 1 says that the general assembly should provide for a system of free public, elementary, and secondary schools for all children. It doesn't say just the best behaved, or the smartest, it says for all children throughout the commonwealth and seek to ensure that an educational program of high quality is established and continually maintained. If a student is suspended long-term or expelled in a school division where there is no alternative program, I fail to see how that's a high quality education. Mr. Speaker, this bill is supported by voices for Virginia 's children, the family foundation, the ark of Virginia, the naacp, the Virginia poverty law center, the Virginia catholic conference, Virginia counsellors association, the legal aid association and many others, and I ask that we engross this bill and pass it to its third reading.
Bill Howell
Shall the bill be engrossed and passed to the third meeting? Those in favor say aye.
[Unknown]
Those opposed say no.
[Unknown]
The chair is in doubt. Those raise your hand. The pass is engrossed and passed to the third reading. Thank you.
[Unknown]
Continuing on Page 26, a bill to reenact several sections of the code, public schools, student discipline, a substitute.
Bill Howell
Gentleman from stanton, Mr. Bill.
[Unknown]
I move to substitute.
[Unknown]
Those in favor of that motion will say aye.
[Unknown]
Aye.
[Unknown]
Those opposed say no, the motion is agreed to.
[Unknown]
Thank you Mr. Speaker, House bill 1536 is to prevent out of school suspension from prek to third graders for more than five days. During the 2015 school year, they issued 16,000 suspensions to students in pre-k through third grade. In elementary school, very young students aren't just learning how to read, spell, write, add, they're learning social skills. Pushing them out of school teaches them hard lessons. They don't associate bad behavior from being home from most of them would rather be school. Home than at school. They don't make that connection. The other problem is behavior issues in young children could indicate unidentified disabilities in those children, particularly those who find themselves eventually on the autistic spectrum. Some of those disabilities are not identified by third grade and they made -- the behavior May be the manifestation of those disabilities. At such young ages, students May have those disabilities, and this bill contains exceptions in the extremely rare event of an attraction involving weapons, drugs, or serious criminal behavior. Mr. Speaker, ladies and gentlemen, I would submit to you that any child in pre-k through third grade, if they have behavior issues, that those are learned behaviors, that they learn in the environment they live in. Sending that child back to that environment, and away from school, or an alternative program is not a solution. If that's the only tool in your tool box, you're not going to fix very much. Mr. Speaker, I ask that we engross the bill and pass it to its third reading.
[Unknown]
Mr. Speaker, I rise to speak to the bill. Like the gentleman, I do this with great hesitation, because we don't like to speak against one of our colleague's bill, especially one that's trying to as a real issue that's happening in our school issue, and I adopt his general comments as it relates to removing this tool from the school system. I want to point out one lawyer issue with this bill, just so everybody is aware of it, and understanding what the gentleman is trying to do, this bill says for this category of kids, young kids, up through third grade, so 9-year-old or so, there's only three times you can take a suspension of more than five days or expulsion. Those three scenarios are violation of the act regarding weapons on the school property, violation of the drugs on school property, and conviction or adjudication of delinquents sit under certain categories. That third is the problem. You can have -- I know we're talking about small kids, but you could have a 9-year-old that stabs his brother at home, and preconviction, the school cannot remove that child from the school environment. So I got a 9-year-old, you can have children at that age who have exhibited the type of behaviors towards others that they need to be removed from the school for a period of time, and what this does in that unique circumstance where a 9-year-old commits that sort of act, off school grounds, the school's hands are tied in disciplining the child. Once they're convicted, you can do it. Once they do it on school grounds, you have a weapons exception. You create a situation where a school system that knows a child has violent tendencies, have acted on those and committed violence, is required to keep that child within the school system, which creates all new issues for the school system. So being sensitive to the real issue that the gentleman is trying to address and understanding that he has narrowly attempted this to not sweep too many folks, they have this one thing that I 'm not willing to take away the right of the school system to remove a child that has proven to have violent tendencies or committed violence. For that reason, I 'm going to vote against engrossment and passage.
Bill Howell
Gentleman has the floor.
[Unknown]
Mr. Speaker, ladies and gentlemen, the more serious offenses wouldn't receive long-term suspension as it is today. They result in expulsion or criminal charges, some of the things that the gentleman from Salem mentioned. Students that commit crimes are charged with those offenses, that commit serious acts of violence will be expelled or charged for those offenses. So I think we addressed that. Let me just say one other thing, because this is maybe perhaps this is the gorilla in the room. Besides being overused, misused, and abused, suspension and expulsion over represents minorities and children with special needs. You can say anything you want about the legalities of it, you can say anything you want about the reasons to not expel, but the fact is that it has become a way for schools to put these children out of the way, out of sight, out of mind. Mr. Speaker, as far as imconcerned, if it matters to anyone, it matters, and it matters to me. I ask that we engross the bill and pass it to its third reading.
Bill Howell
Shall the bill be engrossed and passed to the third reading. Those in favor say aye.
[Unknown]
Aye.
[Unknown]
Those opposed say no.
[Unknown]
No.
[Unknown]
The bill is passed to the third reading.
[Unknown]
Page 27 in the printed calendar, 1790, a bill to amend and reenact a section of the code relating to the administrative process at development and periodic review, report to the committee on general laws.
Bill Howell
Gentleman from Prince William .
[Unknown]
House bill 1790 requires agencies to develop regulations in the least intrusive manner as possible, that it will be written in plain language so people can understand them, and other common sense principals for the development, adoption, or repeal of regulations. The bill also requires each agency to establish a schedule over a 10 year period, for the review of all the regulations, which the agency is primarily responsible for. The schedule will provide for an annual review of not less than 10% of the agency's regulation by July 1st of each year and establish metrics for regulations, so their effectiveness and cost to the taxpayer can be assessed in the review process. Under the bill, the governor will submit an annual report containing the findings of the regulation review of August 1st of each year to the chairman of the House of delegates in the I move the bill be engrossed and Senate. Passed to a third reading.
Bill Howell
Shall the -- I 'm sorry, gentleman from charleston.
[Unknown]
Mr. Speaker, speaking briefly to the bill.
Bill Howell
Gentleman has the floor.
[Unknown]
Mr. Speaker, and ladies and gentlemen of the House, if you're like me and you see a title that says administrative process act, your eyes glaze over. So what I would encourage you to wake up from your snoozes, and look at this bill, and ask yourself what it really does, if anything. First, it doesn't eliminate one single regulation. Second, it doesn't require agencies to eliminate one single regulation. It's a nice group of words on a piece of paper, but there's another thing it does for all of you regulation eliminator hawks, it requires a review on a ten year schedule. Do you know what the old bill it required a review on a four did? Year schedule. So to the extent you want to get rid of regulation, you vote for this bill, and you're just prolonging the time period you have to make your reports, and increasing the burdensome paperwork that all these agencies are involved with to making these reports more red tape. I ask you to not vote to engross this bill.
[Unknown]
Mr. Speaker, I thank the gentleman for speaking to the bill.
Bill Howell
Gentleman has the floor.
[Unknown]
I thank the gentleman for his encouraging words on this very good bill, and I would point out to the gentleman that the bill's intent is not to go in and do the job of the government. It is to simply to set up a process by which we look rationally regulations. First of all, this bill lays out some very good principals for the development of the legislation, principles that are not in the statute right now. The bill establishes metrics. Imagine that Mr. Speaker, we would actually measure the effectiveness of a regulation on the people that it regulates. Is it doing the kinds of things it should do? Or is it not? If it's not being effected, then why do we want to keep it? Imagine further that we assess the cost of what the regulation cost the public to comply with it, and the government to enforce it. Now we have no interest there, clearly, the statute provides for that. The statute also provides that there be feedback to us in this legislative body, so that we know what the administration is doing so why we go 10% over 10 years? So it's done accurately and it gives the agencies time to develop the metrics we need in these regulations. The last piece, and I think it's important to note, if you look at the people that cause the regulations, welcome to the family. We're the ones that do that. The House, the Senate, the legislature writes statutes that often creates regulations. Sometimes, over time, those regulations become useless, because they're not doing anything. So, if nothing else, what this bill does, I would say to the gentleman and urge him to reconsider to support this bill, I know he wants real efficiency in Virginia, the real thing this will do for us, so what if you will, is it will tee up a pathway in the future to repeal legislation that quite frankly is not working for Virginia. You need to pass this bill and do something good for the commonwealth. Thank you Mr. Speaker.
Bill Howell
Shall the bill be engrossed and passed. Those in fair -- favor say aye.
[Unknown]
Aye.
[Unknown]
Those opposed say no.
[Unknown]
No.
[Unknown]
The bill is passed.
[Unknown]
House bill 1900, a bill to amend and reenact a section of the code relating to dogs running at large, civil penalty, report on rules with a substitute, and there is a floor amendment.
Bill Howell
The gentleman from henrhenri those in favor of the motion say aye.
[Unknown]
Aye.
[Unknown]
Those opposed say no. The substitute is agreed to.
[Unknown]
Can I have the floor a minute.
[Unknown]
Sure, that will be fine.
[Unknown]
Floor amendment offered by Delegate Kilgore. After line 39, insert 2, that the provisions of this act shall not apply to localities west of the blue ridge mountains.
[Unknown]
Mr. Kilgore.
[Unknown]
I think this clariies the existing law on the books now, we do not have -- we already have certain limitations on hunting with dogs, I hope it's the pleasure of the House to adopt the floor amendment.
[Unknown]
Did you ask the patron about this?
[Unknown]
I did ask the patron and he is agreeable to this amendment.
[Unknown]
He did agree with it.
[Unknown]
He did agree.
[Unknown]
Thank you.
[Unknown]
Yes.
Bill Howell
Will the gentleman from scottsdale yield for a question. Is this his version of building a wall.
[Unknown]
I would say it's in the hunting regulations, in the blue ridge regulation, so I hope it's the pleasure of the House to adopt this amendment.
[Unknown]
Speaking to the amendment, the blind amendment Mr. Speaker.
Bill Howell
Yes, I would reiterate what this gentleman from scotts said, there's already a line, if you look at the hunting regulations, there's a line that goes on the western side of the blue ridge mountain, that hunting deer with hounds is not allowed west of that line. So this would mimic that, which is already in regulation.
Bill Howell
Questions on the adoption of the floor amendment offered by the gentleman from Scott. Those in favor say aye.
[Unknown]
Aye.
Bill Howell
The floor amendment is agreed to. The gentleman from Lunenburg, Mr. Wright.
Tommy Wright
The gentleman has the floor.
[Unknown]
Thank you. As I said, I rise with some hesitation to speak to bill 1900. Some of my comments will be regarding pet owners, and some regarding dogs that hunt. On land 23, it says allows a dog to run at large for the purpose of running or hunting game. A lot of hunting dogs, I mentioned beagles, and bird dogs, and other dogs are bred to hunt, but they don't hunt. Some of them are just -- they just don't do good jobs of it. Some of them are pets. My concern, and concerns expressed to me, people that have pets that are hunting dogs by breed, but don't hunt, and happen to stray on to the property of another whose land is posted against hunting would be in jeopardy. It says here of course, for the purpose of hunting, who makes that determination? I assume a judge has to make the determination that the landowner would take the dog's collar, identify the person, and it's our responsibility to let the dog go back to its rightful owner, either by home or the owner coming to get it. That's the first concern I have, Mr. Speaker, that this doesn't apply just to hunters. It applies to pet owners. My main concern is that it does apply to hunters. I say that without any disregard to landowners. My wish would be that we could all just get along. [laughter]
Tommy Wright
I think that hunters have made an effort to do that, some hunters don't abide by the law as they should, as is true with anything else in life. I feel like this bill will unproportionally punish people for the actions of a few. This bill will turn the fabric and culture of the area I represent and has been made known to me, and by my constituents, people have hunted with hounds for generations. In some cases, it's considered almost like members of the family. They're well taken cared of. People look forward to hunting season, they take vacations during hunting season, they have fopped memories of family of generations when they used to go hunting together. My father would take me out of school, starting of the season, and we would go hunting, and hunting with dogs. I know that people that own land have rights as well. I think that the hundredors -- hunters should respect those rights, but if you look down also, online 29, it says for the signs May reasonably be seen. Now in the rural areas, lands tend to be in larger blocks from you don't have a small block here and there. You May be hunting a farm you have permission to lunt -- hunt on. You May be coon hunting, and you're going to be liable if your dog goes on that property. The dogs run a coon and it goes up a tree, the dog's jog is to stand at the base until the owner gets there. So if your dog goes on someone's property, you have the right to retrieve it. This bill will take that right away. So inadvertently, it's on someone else's land, it happens, they're going to be guilty. I can think of numerous other incidents where that could happen, if you have hunting dogs, and they get out of the pen. Whatever happens, that's not supposed to happen. It will happen occasionally, your dog is on someone's property, you're going to get a fine for it. I think that this happens, and the owners want the dogs back as quick as they can get them. When they release them, they have tracking systems, expensive tracking systems where they can retrieve their dog. Some instances, it's not practical for your dog not to get on posted land. Law-abiding citizens tell me this is going to ruin the hobby and sport of hunting with hounds because they don't want to be put in a position of possibly breaking the law. They won't be able to enjoy this sport, because their hound May accident tally get on property they aren't suppose to be. I don't deny that people with property rights have a right to enjoy their property, but I think hunting, or the right to hunt is important in the constitution of Virginia, and I think hunters have a right as well. Another item I like you to remember is in our rural areas, it's a great economic benefit. We have places that sell dog food, gasoline, people that stop in for food, people that come from either state, especially with bear hunting. They come in and bring their hounds, and they hunt on club land, and places where they have plenty of land to hunt. With this law, people are going to think twice before bringing their dogs to Virginia, and they spend the nighting and spend money in our restaurants, our hotels, and so forth. Like I said, one of the key reasons that I 'm opposed to it is what it will do to a sport, and hobby and tradition, and in many ways, a way of life that we enjoyed in southern Virginia and other places as well for years, and respect request that you will not adopt this measure. Thank you.
[Unknown]
Thank you Mr. Speaker, House bill 1900 is a property rights bill. Mr. Speaker, I would agree that the vast, vast majority of dog hunters are responsible in the way they hunt their dogs. Mr. Speaker, I have been a hunter and fisherman, I probably started when I was 3 or 4. I got my first shotgun when I was 7 or 8. I had been hunting all my life. Hunting with dogs, hunting without dogs, my family owns two large farms in the commonwealth of Virginia, one on the James river, and one on the river down in King and Queen County. I can tell you with 50 plus years of experience, yes, most dog hunters are responsible, but there is a small minority of bad actors. The landowners have no recourse against the bad actors, Mr. Speaker, with respect to the gentleman from Lunenburg, he talked about the dogs getting out of the pen, or pets, and so forth, so the bill specifically reads that they must have the purpose of hunting and chasing game. So the owner of the dog has to release them for that purpose, Mr. Speaker, specifically the committee substitute just before us provided that any dog owner or custodian that without permission, allows a dog to roam on the land of another for the purpose, so it didn't be accidental, for hunting or chasing game, that burdens the lander -- landowners' enjoyment of the property. Mr. Speaker, the gentleman pointed out that they can't get the signs, read the posted signs, I can tell you without doubt, the local hunting clubs know where they're suppose to be, they know where their dogs are suppose to be, and they know where they're not suppose to be, and they know where their dogs are not suppose to be, so this small minority of bad actors are the problem. I'll give you an example Mr. Speaker. I was down at my property at King and Queen with my entire family. I had dog hunters on both sides of me down there. They would regularly run their over 700 acres over there, my House sits in the middle. I have water on two sides of me, a river and deep creek, so Mr. Speaker, look, the vast majority of dog hunters, deer hunters, are very responsible people, but dogs pass my property, and I there is a small group of bad actors, and presently landowners all over Virginia have no recourse to protect themselves when the dogs are doing unduly burdens the land owners' use of the property. I will move that the House engross and pass on to third reading House bill 1900.
Bill Howell
Gentleman from Campbell, Mr. Fariss.
Matt Fariss
Mr. Speaker, speaking to the bill.
Bill Howell
Gentleman has the floor.
Matt Fariss
Mr. Speaker, I want to tell the House a little story. [laughter]
[Unknown]
The other day, buddy Fowler and I were walking back to our office, and we -- a buddy of ours came out in his big Black tahoe and he stopped and he said hey matt, how are you doing? I said I 'm doing good terry, how are you doing? He said the first lady and I are farming now. He said we planted a big garden to help Richmond from being a dead zone, a desert for fresh food. I said that's great, how is it working? He said it's doing good but the rabbits are eating us out a home. It's eating everything that grows.
[Unknown]
Buddy says I can fix that, I have rabbit dogs, they can get the rabbits. He said I think the speaker will let us out early Friday, so we will come over in the afternoon and go rabbit hunting. [laughter]
[Unknown]
So he says you know, the speaker is real interested in hunting these days, I 'm going to invite him. My buddy todd helped me with the gun legislation last year, how about, can you get him to come and I said sure. So, Friday afternoon, we Head over to terry's to go rabbit hunting. We get over there, and here comes the Kilgore gang from southwest Virginia. He said we heard you're going rabbit hunting. We want to go rabbit hunting. I said sure, come on. We get to the governor's mansion, and there's Delegate Lopez, and Delegate Simon. [laughter]
[Unknown]
I said, I said Mr. Governor, what in the world are we doing? He said you know, these boys are scared of guns, they hate guns, I want them to see how guns are used in a good manner to go hunting. So Kilgore gang, southwest Virginia gang, they said there are a lot of people here. I think we're going to move on down the hill. So we turned the beagles out, and we're walking along, and then all of a sudden the rabbit jumps up, the dog takes off, down the hill they go and I said terry, have you talked to your neighbors, are they okay with us hunting here. They said it's no problem. He's a good friend of mine, everything is okay. He said if they go back this way, you know, paul, he's a great neighbor of mine, he's fine with those in the House chambers. So we're having a great time and all of a sudden, the rabbit runs by the Kilgore gang and they shoot and miss him. [laughter]
[Unknown]
Oh yeah. So the dogs turned down by the department of justice and they start up the hill and they're getting after him an buddy is bragging, looking at those bad girls go. The governor says, oh no, I said what's wrong governor? He said they're going to Ms. Shaw's place. Ms. Shaw controls this hill. She don't want any dogs on her place. [laughter]
[Unknown]
So here goes todd, and I, and Delegate Lopez, and Delegate Simon, and buddy Fowler, and you Mr. Speaker, and we're chasing those dogs. We're coming around in front of the capitol, and we meet susan shaw. [laughter]
[Unknown]
Ms. Shaw runs out there and says I told bill Stanley to keep his dogs out of this place, and he couldn't come over here and hunt, and you're not coming hunting, and terry is not coming to hunt, and you boys better wait here because the captain of police is on his way. Mr. Speaker, somebody has to pay $100 fine. [laughter]
[Unknown]
In all seriousness ladies and gentlemen, the time honored tradition of dog hunting has some problems. There are some bad actors, and I 'm very well aware of them, I 've been associated with some of them. [laughter]
[Unknown]
But in mark chapter 12, jesus tells us -- in all seriousness.
[Unknown]
House come to order, we're getting to the good part now. [laughter]
[Unknown]
In mark chapter 12, jesus tells us to love our neighbors. In this bill, it does not accomplish that. I know the patron of the bill's intention, but it will cause a lot of civil unrest in the rural community of Virginia when people get upset over a simple mistake of the Kilgore gang missing a rabbit. [applause]
[Unknown]
Mr. Jones moves a thousand copies of the speech. [laughter]
[Unknown]
Mr. Madison.
[Unknown]
Thank you very much Mr. Speaker. I'm surprised because they know if they're hunting or fishing as long as I have, you can trap that rabbit rather than running your dogs over there. Mr. Speaker, this is a problem, the bad actors all over the state have been a problem for years. They are knowingly running their dogs across landowner's property and the landowner, as the law is currently written, have no recourse. All this bill does is says if you're a bad actor, and you knowingly run your dogs across the property, the landowner now has recourse. Mr. Speaker again, I move that the bill be engrossed and moved on to the third reading.
Bill Howell
The gentleman from Powhatan .
[Unknown]
I know you're supposed to move the pending question. [laughter]
[Unknown]
Mr. Speaker, I move the pending question.
Bill Howell
The gentleman from Powhatan, [laughter] for the last time, move. Move the pending question, those in favor of that motion say aye.
[Unknown]
Aye.
[Unknown]
Pending question called for. Bill is engrossed and passed to the third reading.
[Unknown]
Turning to Page 28, today's calendar House bill second reading regular, House bill 1938 is a bill to amend and reenact sections of the code regarding sling bow hunting, natural resources with an amendment.
Bill Howell
The gentleman from Halifax, Mr. Edmunds.
James Edmunds
Mr. Speaker, I move the committee amendment.
[Unknown]
Those in favor of that motion will say aye.
James Edmunds
Aye.
[Unknown]
Those opposed say no. Amendment is agreed to.
[Unknown]
1938 would allow the use of a sling bow for hunting deer and turkey. The bill that is written requires that such weapon have a weight of 10 pounds or more, similar to that of other ark -- archery equipment.
[Unknown]
Those in favor of that moment say aye. Those opposed say no. The bill is engrossed and passed to the third reading.
[Unknown]
A bill to enact several seshg -- sections of the code, report to committee on education and amendments.
Bill Howell
Mr. Bell. The question is on adoption of the committee amendment. Those in favor say aye.
[Unknown]
Aye.
[Unknown]
The amendments are agreed to.
[Unknown]
Mr. Speaker and members of the House, this is a bill that involves dual enrollment, that's when high school students take college classes, which is usually delivered at the high school, so they bring in a teacher, they have an existing teacher that is certified and they can get college credit while sitting in the high school classroom. Any high school that offers the credits will have to make those available to homeschoolers that will be eligible, they will be enrolled as part time students. Hopefully it's the pleasure of the House to engross the bill and pass it on to a third reading.
[Unknown]
Those in favor of that reading say aye.
[Unknown]
Aye.
[Unknown]
It's passed to the third reading.
[Unknown]
House bill 2191, a bill to reenact a code of Virginia related to school boards, explicit instruction material or related academic activities.
[Unknown]
Mr. Landis.
[Unknown]
Thank you Mr. Speaker, I like to move the committee amendment in the nature of substitute.
[Unknown]
As many favor those motion say aye.
[Unknown]
The motion is agreed to. The member from Augusta .
[Unknown]
Now I want to tell you what this bill does and what it does not do. House bill 2191 will direct school boards procedures for handling controversial instruction materials, and the policy would need to include two the beginning of each school things, first, it would -- at year, parents would need to be notified and there would be during the year, any additional notification as teachers felt it to be appropriate or needed to basically notify parents of any student enrolled in a course, which instruction materials or academic activities May include sexually explicit content, and that the parent had concerns related to that content. Second, it would provide for, if requested by the parent, that the teacher would provide a replacement assignment or instructional material, or related academic activity if that material was objected to by the parent. Then they would replace that with non-explicit instructional materials. This would only be if the parent requested it. Mr. Speaker, and ladies and gentlemen of the House, we further defined, because of objections raised last year, that the sexually explicit content would be defined to mean content that involves any criminal sexual assault as defined and punishable as a felony under article vii of chapter 4 of 18 pnts -- 18.2 in the code and what does sexual explicit mean. That is defined fully. Most of the objections and the concerns that the school systems have raised, I believe have been addressed by the legislation. Now Mr. Speaker, and ladies and gentlemen, let me tell you what this does not do. This does not prohibit any teacher from assigning any type of material they deem necessary or appropriate. It does not ban books, it does not ban any materials that again teachers or school systems would like to have on their reading list and alike. It doesn't do that. All it simply does is to reiterate that if there is sexually explicit material as defined by that simple code section, that basically deals with rape and sexual assault, then the parent could ask for an alternative assignment. The parent has to be notified to be able to know that, and that's why the reason for the legislation in the first place. It also again just says that if they request an alternative assignment, then the teacher provide that. Mr. Speaker, and ladies and gentlemen, this bill does know more or no less than what I described. I move that the House engross the bill and pass it to its third reading.
[Unknown]
Mr. Lopez.
[Unknown]
Thank you Mr. Speaker, speaking to the bill.
Bill Howell
Gentleman has the floor.
[Unknown]
Thank you Mr. Speaker, this bill, while I take the gentleman at his word, still has significant unintended consequences and problems, I define them to narrowly explain any criminal sexual assault defined as a felony any of title 18.2. Here's the thing, we still have a slippery slope problem. According to the american library association and its office of intellectual freedom and the freedom to read foundation, as well as being a local decision, this bill would make Virginia the first state to have a statewide policy requiring teachers to identify classroom materials, with some sexually explicit labels, and notify parents that their teacher gives them something less objectionable. So what are we doing? What we're doing is we're requiring teachers to redefine whatever they're teaching, solely in terms of how much sexual con tents it has. More than likely a teacher will not do two entirely different lesson plans for the same class, just because of the objection of one parent. This makes it much less likely they're even willing to attempt to use anything that might be considered objectionable in their lessons. Without intending to do it, this will have a dampening effect to avoid any content they May view objectionable. When the government publish -- establishes law on a single factor, regardless of the significant to the larger world of literary meaning, it means we're labeling content for the sole purpose of suppressing it. Parents do of course, need and should have the right and obligation to supervise their child's education, but this is about everybody's kids. This bill is broadly to include all education material, not just literature or english assignments. What about art history? Many greek an roman sculptures, and paintings by george romney, depict sexual assault. Are we saying that history and civics classes can't discuss war crimes involving rape? Would we not be able to teach the old testament, with its many references to sexual assault and rape? What about shakespeare? Measure for measure, the tempest, the mid summer night's dream? What is less objectional literary work that is equivalent to any of shakespeare's plays. What is an equivalent work to beloved, which teaches us in a raw and unflinching manner and terms about the horrors of slavery. Does it not matter that the folks that pushed this bill are pushing objections of pulitzer prize winners. They often deal with adult topics, does the state government need to be involved in a discussion that should be simply resolved by parents talking to their kids? Is it better to have a state law forcing that conversation? Let's be clear, the requirement that educator stigmatize literature, according to a single standard is a form of censorship that is meant to suppress the teaching of certain texts without the regard of the literary merits. Taking pieces of literature out of context is ludicrous. It does a dishonor to literature, academia, and this body. Er -- when we ban books in schools, as recently happened in Accomack County, we get a Black eye all around the world, just like newspapers in europe that had a field day. At the end of the day, this is a slippery slope to back door censorship, and the commonwealth of Virginia, the home of monticello, I hope we will vote against this bill. Thank you Mr. Speaker.
Bill Howell
Gentleman has the floor.
Bill Howell
I just wanted to make sure that everybody realizes a few thing that the gentleman from Alexandria or Arlington .
[Unknown]
Arlington.
[Unknown]
Okay. This bill does not ban any books, it does not say you can't go to a -- you can't take the kids to the museum. It says that the parents need to be notified before the book is assigned or a field trip of the following things. So the gentleman from Augusta, he is in a very good job of narrowing this. I think we all understand that the original bill May have been too broad because romeo and juliet May have been censored, not censored, but you would have to do a warning to the parents about romeo and juliet. So what we did is that we said if you assign a book, the following topics are included, that the school needs to make sure the parents know. Let me tell you what the following topics are, and you can tell me whether you as a parent want to know that your kid is reading a book about this, rape, cardinal knowledge of a minor, of inmate probationer, infected sexual battery, forcible asodomy, sexual battery, sexual abuse of a child under 15, I think that 99.9999% of the parents in Virginia would like to know if someone assigned the book that has scenes of sexual abuse of a child and infected sexual battery. The gentleman from Augusta agreed to compromise, and this compromise, I think it sets a fair balance, and I think it will be the pleasure of the House to engross the bill and pass it to the third reading.
[Unknown]
Thank you Mr. Speaker, speaking to the bill.
[Unknown]
The gentleman has the florida.
[Unknown]
I cannot tell you how many parents have called me up, terrified that we would pass this thing. They're always reminding me, without more sexually explicit material in our curriculum, how will our kids be successful how will they be able to graduates? Participate in the economy if we don't have more sexually explicit material in the curriculum. I don't want to be notified and that. For those who can't afford an alternative, we force you to send your kids to public school. You don't get and option. Now I don't care how many pulitzer prizes it has, if it's sexually explicit material, that's something I want to be notified of. If we can get some school choice legislation passed with some bipartisan support, then if you would like to send your child to a school that has nothing but sexually explicit material, be my guest, that's your option. You can't force everybody else to do the same thing. What this requires the parental notification for a narrow list of items, and I hope it's the pleasure of the body to engross the bill and pass it to the third reading.
[Unknown]
Thank you Mr. Speaker, speaking to the bill.
[Unknown]
Gentleman has the floor. >> As a non-lawyer on criminals for a number of years, I had to deal with things that I never thought I would have to deal with. So, let me give the rest of the story of what else is in our title 4. You also have the touching of someone's intimate parts against their will. That's a felony and will be banned, any content that includes that, or if touching the intimate parts of that individual whose under 13, that is also a felony and would be banned, so think of any of the times that you have red something where there's an unwanted touch, I 'mhinking of a tree grows in brooklyn. I'm not anywhere near as well educated from the gentleman from Arlington, so my books are far more simple, but I also would point you to even some of the more commonly recognized sexual abuse. I'm thinking of an extremely meaningful book that I read a couple of decades ago. That would be the first volume of maya angelou's autobiography, the reality of her life, the reality of other people's lives include at times, an extremely difficult situation within a family situation. These books would be banned. Now why am I saying these books would be banned with such surety? Because in this society that we live in, particularly enlarge school divisions, you aren't going to take the chance that someone is going to object. So let me just finish and I won't be able to pronounce any of these words, but at some point, look up guilty of forcible sodomy, if he or she engages in, and then there's three words that I can't really pronounce. It's not a matter of being too modest of trying to pronounce them, but these are activities that are felonies, that they're in the content of the literature, would mean that this bill says that it now triggers a tremendous number of steps that again, if they're not followed, if the parent isn't properly informed on any one of these details, then in this society, the school system could be held responsible and we could end up with excluding for all what might be objectionable to just a few and that's a banning of books that I hope this commonwealth does not go down that path. While that's a good ending, let me also say that though I tried to be as discrete as possible in making reference to some of these things, these are the very things that unfortunately the reputation of the commonwealth will be ridiculed on late night tv when they talk about how we're banning these types of acts. Thank you.
Bill Howell
The gentleman from Prince William, Mr. Marshall.
Bob Marshall
Addressing the measure.
Bill Howell
Gentleman has the floor.
Bob Marshall
Mr. Speaker, the united states supreme court has sustained Virginia 's laws, prohibiting the sale of material that's harmful to minors. Now if descriptions that are in these kinds of books work their way into material that is in the public school, shouldn't be the supreme court will sustain, there. Keeping them out, because there's no obligation to spend taxpayer money on material that's harmful to minors. The assumption here is not only do parents not know anything, they shouldn't have any input into what their child, I would think they know more about the developmental status and information on a child than a teacher in school would because they come home, they feed them, they clothe them, they take them on vacations, the teacher May be there for one hour a day. You talk about parental control, the parents of this commonwealth are the main trustees for their children. E, not the teachers. The teachers have authorities given to them as agents of the parents. They're not the principals, they're the agents. If there is material that is dealing with rape, it's described one way in the new testament and the old testament. If it's in some of these books, it's described in a different way, and that's the line. It's not the reference, it's how the description occurs. That's all.
Bill Howell
The gentleman from Augusta, Mr. Landis.
[Unknown]
Mr. Speaker, speaking to the bill.
Bill Howell
Gentleman has the floor.
[Unknown]
Mr. Speaker, in relation to the House, this is a sensitive subject. It was brought to my attention by, I believe a legitimate concern by a parent who never once never once expressed the desire to ban a book. You know sometimes in the dialog and debate we have on this floor and in Washington, people use arguments that have nothing to do with the issue before us. To constantly point out that this legislation bans books is just false. It's not accurate. It doesn't do that. This idea of a slippery slope, let me tell you. It's our job to set policy for schools. The constitution gives us that authority. It's vested in the board of education, and then it's vested in the local school board. That is who we're trying to get to adopt these policies, because we done that with family life education. We do that every session. This legitimately addresses a legitimate concern that parents raise. If you don't want parents to have more involvement in the school system, then vote against the bill. If you want our parents to be involved and have a decision on whether something is appropriate for their child or not, vote for the bill. If you think that this is causing a slippery slope, let me just say this, this legislation, as the gentleman from Fairfax said, is a compromise. It is very narrowly drawn at this point. The reason we did that was because of the concerns that works for teachers and school systems, because they didn't know how to define sexually explicit. This does that in a simple and straightforward method. I would also say to the gentleman from Arlington, that the way this works, is that when we direct a school board to have a policy, they have in-service training for teachers. That's the reason that we site this specific code session. It's specific, it gives them direction. It's very simple. They also have the resource of local commonwealth attorneys, they have their own council, each and every school system that can assist them with this. Lastly Mr. Speaker, let me just say again that somehow in this housing we got to get away from using false characterization of legislation related to what it does and doesn't do. I take offense to the individual parents that were concerned about this, that you described them as individuals that want to ban books when that's not true. Mr. Speaker, I would ask that the House enroll the bill, and pass it to its third reading. [applause]
Bill Howell
Shall the bill be engrossed and passed to the third reading, those in favor say aye.
[Unknown]
Aye.
[Unknown]
The bill is passed to the third reading.
[Unknown]
House bill 2136 has been taken by for the day. House bill 2218, a bill to amend a section of the code on charter agreements reviewed by the state board of education.
Bill Howell
The gentleman from Virginia
[Unknown]
I requested the bill be beach. Passed by the day. There May be some glitches on the minutes.
[Unknown]
You want the bill to go by for the day. House bill 2218 by for the day.
[Unknown]
Continue on Page 30, House bill 2235, a bill to reenact a section of the code related to big game hunting licenses, and natural resources with a
Bill Howell
Gentleman from Halifax .
[Unknown]
I move the committee substitute.
[Unknown]
Those in favor of that motion say aye. Aye.
Bill Howell
Substitute is agreed to the gentleman from Halifax .
[Unknown]
The House bill 2255 create a substitute. Youth tax. I move the bill be engrossed and passed on the third reading.
[Unknown]
Those in favor of that motion will say aye.
[Unknown]
Aye.
[Unknown]
Those opposed say no. The bill is engrossed and passed to the third reading.
[Unknown]
A section of the code related to public school, average teacher salary, report to the committee on education, with amendments.
Bill Howell
The gentleman from Sussex, Ms. Tyler.
[Unknown]
We move the committee substitute.
[Unknown]
Those in favor of that motion say aye.
[Unknown]
Aye.
[Unknown]
The committee amendment is agreed to.
[Unknown]
Thank you. House bill 2332 is submitted at the request of the education association. Basically, this bill inserts the statement that it is the goal of the commonwealth that public school teachers be compensated at a rate that is competitive at a minimum, at our above the national average teacher's salary in order to attract and keep qualified teachers. Currently there are 800 teacher positions unfilled in the there is a significant teacher salary disparity across the state. Virginia average teacher salary is $50,000, and the national teacher salary is $58,000. An $8,000 difference. The bill was amended by the commonwealth. Committee because northern Virginia teacher salaries are already above the national average, but it is the goal of the commonwealth to bring other teacher salaries, in other parts of the state to the national average to attract and keep qualified teachers. I hope the body will engross the bill and pass it to its third reading.
[Unknown]
Shall the bill be passed to the third reading. Those in favor say aye.
[Unknown]
Aye. Passed and moved to the third reading.
[Unknown]
The teach licensure teacher education with a substitute. Assessment on committee
Bill Howell
The gentleman from Culpeper .
[Unknown]
Thank you Mr. Speaker, I move the committee substitute.
[Unknown]
Question on the adoption substitute. Those in favor say aye.
[Unknown]
Aye.
Bill Howell
The gentleman from Culpeper .
[Unknown]
This gives more freedom to our locality. When we have teachers that have the appropriate licensure, right now, they have to go through a series of different tests. These are very expensive for a lot of these young teachers that are highly qualified but we can't get them in the classroom. When they feel comfortable with the teacher's capability to allow them to enter into the classroom and help with the teacher's shortages in the rural area. I hope it's the will of the House to pass this motion to the third reading.
[Unknown]
Those in favor say aye.
[Unknown]
Aye. The bill is engrossed and passed to the third reading.
[Unknown]
Turning to Page 15 of today's calendar. Hb-1573, as a bill to amend and reenact a section of the code related to the marine resources commission, licenses, natural resources, and the substitute, Mr. Speaker, there is a floor
[Unknown]
Mr. Speaker, I move the amendment. Amendment.
Bill Howell
The question is on adoption of the committee substitute.
[Unknown]
Substitute, I 'm sorry.
[Unknown]
Those in favor say aye.
[Unknown]
Aye.
[Unknown]
The substitute is agreed to.
[Unknown]
Mr. Speaker, members of the House, I think there is also a floor amendment.
[Unknown]
Floor amendment, to the economy -- which he substitute online 14, after the word subtitle insert. The commission shall not revoke any license other than the license for the fishery in which the license occurred. The commission May revoke licenses other than the applicable license on a violation within five years.
Bill Howell
Gentleman from Accomack .
[Unknown]
Thank you Mr. Speaker. The amendment clarifies what the Delegate 's intention was. When we heard this bill at subcommittee, the testimony clearly stated that the commissioner was still thrilled he had the act to take away all of a water man's license, not his commercial card, but his license. This commissioner had been very aggressive in pulling away water man's card, which renders him useless. He cannot walk on water, cannot set foot on water. We're trying to slow that down with this amendment, and I hope it's a pleasure of the body to adopt it.
[Unknown]
Gentleman.
[Unknown]
Yes, Mr. Speaker, members of the House, Delegate box has done a good job in explaining that. I'm going to explain further if I could. If a violation occurs in one of the four fisheries, they cannot suspend all the water man's license, only the license which the violation occurred, so he can remain employed on another boat or his leans -- license is reinstated. Mr. Speaker, simply put I think if someone violates one of the regulations, dealing with oysters, and he loses that license, currently, the mrc has the ability to take all of his licenses, which means he can't crab, he can't clam, he can't fish, it render the person unployable, and that is a real stretch to have that power. They also require the water man to pay any fine they receive by credit card. That is currently not allowed. Mr. Speaker, I would ask that the House would engross the bill and pass it to the third reading.
Bill Howell
Offered by the gentleman from Accomack, those in favor of that motion say aye.
[Unknown]
Aye.
[Unknown]
Those opposed say no. The floor amendment is agreed to. The bill is engrossed and passed to the third reading.
[Unknown]
Mr. Speaker, returning to the next category on Page 31, resolutions uncontested calendar, that House bill resolution has been taken by until next week. Next category, memorial resolution laid on the speaker's table. The memorial resolution is to be adopted in block, pages 32 and 34, today's printed calendar with the exception of House resolution 601, House resolution 328, and House joint resolution 851.
[Unknown]
All those in favor of adopting in a block, the memorial resolutions laid on the speaker's table as listed on pages 32 to 34 of the calendar, with the exceptions of House joint resolution 601, 851, and 328, will please rise.
[Unknown]
Those resolutions are agreed to.
[Unknown]
Continuing with the calendar, next category or commending reds -- resolutions, adopted in block are listed on pages 34 through 40, with the exception of 558, 559, 825, and turning to Page 38, 849, and House joint resolution 857. 826, I apologize. Yes, sir.
[Unknown]
All those in favor of adopting the committee resolutions on pages 34-40 of the calendar with the exception of House joint resolutions 558, 559, 825, 826, 847 will say aye.
[Unknown]
Those opposed say no, those
[Unknown]
Aye. Resolutions are agreed to.
[Unknown]
Mr. Speaker, that complete's today's calendar.
[Unknown]
Today's meeting schedule and several announcements. Looking at this afternoon's meeting schedule, the courts of justice criminal law subcommittee will meet upon adjournment of the House in House room c, the general assembly building. The courts of justice committee will meet at 1:30 today, at the change in time. The court will meet once the criminal justice is finished and full court at 1:30 in House room c. Then the appropriations committee on the 9th floor, six of their subcommittees will be meeting and then the full committee and getting ready for this weekend's release of the House budget amendment. So, 15 minutes after adjournment of the House, the appropriation elementary and secondary education will meet up in the appropriation room, and appropriation subcommittee will meet next. Then once transportation appropriations finishes, then commerce, agriculture, and technology will meet. This is in the 9th floor appropriation room. Once that is finished, next is public safety subcommittee, then once that's finished, and capital out lay sub will meet in the final subcommittee meeting will be health and human resources subcommittee, and then once the six subcommittees have worked through their business, and the full committee will be meeting in the appropriations room some time early this afternoon. Mr. Speaker, looking ahead to tomorrow, looking ahead to Sunday, the appropriations committee will be meeting at 1:00 in House room d, to release their amendment to the budget. That's an extra meeting, obviously on Sunday, on the first floor of the g.A.B. Looking ahead, since tomorrow's session will be pro forma, looking ahead to Monday, the subcommittees are all canceled. I don't see any subcommittee or committee meetings in the morning, so the first activity will be the republican caucus will meet at 9:00 Monday morning, and the democratic caucus will meet at 8:30 in House room 2, republicans at 9 in House room 1. Mr. Speaker, I also want to simply remind the body that tomorrow's session will be a pro forma session, simply to advance legislation so it will be in the proper order, proper posture for Monday, and will include the need to wave constitutional meetings for Tuesday 's crossover deadline. In addition, Mr. Speaker, I say that the appropriations committee announced before we're meeting on Sunday, February 5th at 1:00, in House room d. Then the budget committee amendments will be available online, and hard copies will be on people's desks here in the delegates chamber, no later than noon on Tuesday, February 7th. The House appropriation staff will also have a briefing to go over the various amendments on all of that will be announced in Wednesday. Greater detail, but sequencing things, getting ready for Thursday 's consideration of the House budget. Also looking ahead, just simply for the members a staff, that the House and Senate clerk's offices on web, February 8th at 3:00 in the g.A.B., will have a tutorial reminder session to help people understand that when we all go to the Senate, this is how they do it. When the senators come here, this is how we do it. Just to make sure everybody is on the same Page to the greatest extent as possible. That concludes the announcements we have.
Bill Howell
Gentleman from Sussex .
[Unknown]
I have a motion that I talked to the patron on Page 18, House bill 1796, if that could be moved to the regular calendar.
Bill Howell
Without objection, House bill 1786 to the regular calendar.
[Unknown]
96.
[Unknown]
1796. Let's do 76 while we're at it. [laughter]
Bill Howell
The gentleman from Colonial Heights, Mr. Cox.
Kirk Cox
Mr. Speaker, the House reconveniences tomorrow at 10:00 a.M.
[Unknown]
He moves that when the House adjourns today, agree to those in favor of that motion say aye. Aye.
Kirk Cox
I move the House to now adjourn.
[Unknown]
Mr. Cox moves that the House adjourns. Those who agrees say aye.
[Unknown]
Aye. Reconvene tomorrow at 10 action.
[Unknown]
The House adjourns until 10:00 a.M. Tomorrow. Captioning provided by: caption associates, llc www.Captionassociates.Com captioning provided by: caption associates, llc www.Captionassociates.Com