02/22/2017 House Proceedings

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Index

SB951—00:00:50
SB1475—00:01:15
SB935—00:00:15
SB1008—00:00:30
SB1024—00:01:25
SB1060—00:01:30
SB1118—00:00:55
SB1412—00:01:10
SB1362—00:05:16
SB1585—00:00:50
SB1234—00:01:15
SB1376—00:00:40
SB1430—00:01:15
SB806—00:14:51
SB865—00:02:45
SB1068—00:01:11
SB1347—00:02:00
SB1413—00:01:00
SB1581—00:01:21
SB1117—00:00:35
SB1063—00:00:50
HB1394—00:07:26
HB1530—00:00:25
HB1555—00:00:30
HB1586—00:00:25
HB1974—00:00:25
HB2101—00:00:25
HB2209—00:00:40
HB2262—00:00:25
HB2366—00:01:00
HB2383—00:00:25
HB2417—00:00:25
HJ545—00:09:10
SJ251—00:00:25
HJ1085—00:01:40
HR431—00:01:36
HB1432—00:01:40
HB1578—00:01:35
HB1433—00:00:45
Del. Kirk Cox (R-Colonial Heights)—00:00
Del. Margaret Ransone (R-Kinsale)—02:45
Del. Dickie Bell (R-Staunton)—06:16
Del. Kirk Cox (R-Colonial Heights)—00:05
Del. Riley Ingram (R-Hopewell)—01:00
Del. Kaye Kory (D-Falls Church)—02:25
Del. Jason Miyares (R-Virginia Beach)—05:16
Del. Ron Villanueva (R-Virginia Beach)—00:45
Del. Delores McQuinn (D-Richmond)—03:15
Del. Luke Torian (D-Woodbridge)—01:10
Del. Keith Hodges (R-Urbanna)—00:10
Del. Terry Kilgore (R-Gate City)—00:55
Del. Bob Marshall (R-Manassas)—00:25
Del. Terry Kilgore (R-Gate City)—00:25
Del. Steve Landes (R-Weyers Cave)—01:55
Del. Greg Habeeb (R-Salem)—00:00
Del. Rob Bell (R-Charlottesville)—00:45
Del. Greg Habeeb (R-Salem)—01:45
Del. Ben Cline (R-Amherst)—00:00
Del. Rob Bell (R-Charlottesville)—01:40
Del. Sam Rasoul (D-Roanoke)—00:35
Del. Rob Bell (R-Charlottesville)—00:05
Del. Scott Lingamfelter (R-Woodbridge)—00:10
Del. Greg Habeeb (R-Salem)—00:00
Del. Rob Bell (R-Charlottesville)—00:05
Del. Greg Habeeb (R-Salem)—02:21
Del. Rob Bell (R-Charlottesville)—02:05
Del. Tag Greason (R-Potomac Falls)—00:30
Del. Bobby Orrock (R-Thornburg)—00:10
Del. Marcus Simon (D-Falls Church)—00:40
Del. Nick Freitas (R-Culpeper)—02:56
Del. Scott Lingamfelter (R-Woodbridge)—01:10
Del. Mark Cole (R-Fredericksburg)—00:35
Del. Randy Minchew (R-Leesburg)—00:10
Del. Steve Landes (R-Weyers Cave)—01:00
Del. Tag Greason (R-Potomac Falls)—00:05
Del. Steve Landes (R-Weyers Cave)—00:55
Del. Kirk Cox (R-Colonial Heights)—00:00
Del. Ron Villanueva (R-Virginia Beach)—00:35
Del. Vivian Watts (D-Annandale)—06:56
Del. Tim Hugo (R-Centreville)—01:35
Del. Greg Habeeb (R-Salem)—03:00
Del. David Toscano (D-Charlottesville)—00:10
Del. Rob Bell (R-Charlottesville)—00:05
Del. Kathleen Murphy (D-McLean)—00:55
Del. Rob Bell (R-Charlottesville)—00:05
Del. Mark Cole (R-Fredericksburg)—00:35
Del. Rob Bell (R-Charlottesville)—00:10
Del. Greg Habeeb (R-Salem)—00:05
Del. Rob Bell (R-Charlottesville)—00:05
Del. Terry Kilgore (R-Gate City)—00:05
Del. Rob Bell (R-Charlottesville)—00:15
Del. Greg Habeeb (R-Salem)—00:40
Del. Bob Marshall (R-Manassas)—00:05
Del. Greg Habeeb (R-Salem)—00:40
Del. Bob Marshall (R-Manassas)—00:15
Del. Greg Habeeb (R-Salem)—01:30
Del. Mark Cole (R-Fredericksburg)—00:20
Del. Rob Bell (R-Charlottesville)—02:05
Del. Alfonso Lopez (D-Arlington)—01:20
Del. Lee Ware (R-Powhatan)—00:30
Del. Terry Kilgore (R-Gate City)—00:35
Del. Mark Cole (R-Fredericksburg)—00:20
Del. Vivian Watts (D-Annandale)—00:50
Del. Steve Landes (R-Weyers Cave)—00:15
Del. Chris Jones (R-Suffolk)—01:35
Del. Lee Ware (R-Powhatan)—00:05
Del. Chris Jones (R-Suffolk)—05:15
Del. Rob Bell (R-Charlottesville)—00:10
Del. David Toscano (D-Charlottesville)—01:05
Del. Peter Farrell (R-Henrico)—00:00
Del. Lee Ware (R-Powhatan)—00:00
Del. Jeff Campbell (R-Marion)—00:10
Del. Dave LaRock (R-Loudoun)—00:10
Del. Israel O'Quinn (R-Bristol)—00:00
Del. Kathy Byron (R-Lynchburg)—00:00
Del. Bob Purkey (R-Virginia Beach)—00:00
Del. John O'Bannon (R-Richmond)—00:10
Del. Kirk Cox (R-Colonial Heights)—00:00
Del. Bobby Orrock (R-Thornburg)—00:05
Del. Dave Albo (R-Springfield)—00:30
Del. Scott Lingamfelter (R-Woodbridge)—00:00
Del. Steve Landes (R-Weyers Cave)—00:00
Del. Chris Head (R-Roanoke)—00:15
Del. Bob Marshall (R-Manassas)—00:40
Del. David Toscano (D-Charlottesville)—00:15
Del. Chris Head (R-Roanoke)—00:30
Del. David Toscano (D-Charlottesville)—00:05
Del. Chris Head (R-Roanoke)—00:20
Del. David Toscano (D-Charlottesville)—01:50
Del. Bob Marshall (R-Manassas)—01:50
Del. Chris Head (R-Roanoke)—01:15
Del. Steve Landes (R-Weyers Cave)—00:00
Del. Kirk Cox (R-Colonial Heights)—00:10
Del. Dave LaRock (R-Loudoun)—00:20
Del. Ken Plum (D-Reston)—01:16
Del. Lee Ware (R-Powhatan)—00:05
Del. David Toscano (D-Charlottesville)—00:40
Del. Rob Bell (R-Charlottesville)—00:00
Del. David Toscano (D-Charlottesville)—01:15
Del. Todd Gilbert (R-Woodstock)—00:30
Del. David Toscano (D-Charlottesville)—00:00
Del. Ken Plum (D-Reston)—00:10
Del. David Toscano (D-Charlottesville)—00:05
Del. Todd Gilbert (R-Woodstock)—00:05
Del. David Toscano (D-Charlottesville)—00:00
Del. Todd Gilbert (R-Woodstock)—00:00
Del. Bobby Orrock (R-Thornburg)—00:05
Del. David Toscano (D-Charlottesville)—01:16
Del. Bobby Orrock (R-Thornburg)—01:00
Del. Peter Farrell (R-Henrico)—00:20
Del. Dave Albo (R-Springfield)—00:00
Del. Dave LaRock (R-Loudoun)—00:10
Del. David Toscano (D-Charlottesville)—00:05
Del. Kirk Cox (R-Colonial Heights)—02:35
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Minutes

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

Mace placed on Speaker's table by Sergeant at Arms

Prayer offered by The Reverend Antonel Adolphus Myler, Sr., Pastor, Shockoe Missionary Baptist Church, Danville

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

Attendance roll call - Quorum present

Journal for Tuesday, February 21, 2017, approved by the Speaker

Senate communication received
House bills passed: HBs 1400, 1467, 1517, 1572, 1573, 1574, 1600, 1774, 1796, 1919, 1938, 1939, 2009, 2023, 2229, 2255, 2297, 2311, 2342, 2381, 2470
Senate bills, House amendments agreed to: SBs 1245, 1287, 1494
Senate bills, House substitutes agreed to: SBs 852, 1195, 1196, 1398, 1462, 1507, 1591

Committee report
From Rules: HJR 1085; HR 431S

SBs 898, 1005, 1045, 1129, 1493, 1574 - House insists on substitutes and requests Committees of Conference

HBs 2006, 2051, 2053, 2064, 2248, 2318, 2386, 2467, 2471 - House accedes to Senate request for Committees of Conference

HJR 1064 taken up and agreed to

Motion by Delegate Ransone to adjourn in honor and memory of Josh Hardy agreed to

Motion by Delegate Bell of Staunton to adjourn in honor and memory of Madison Montgomery Shinaberry agreed to

Motion by Delegate Cox to suspend, pursuant to Rule 17 of HJR 555, the special and continuing order relating to the election of judges until Thursday, February 23, 2017, agreed to

Motion by Delegate Kory to adjourn in honor and memory of Nicole K. Mittendorff agreed to

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

CALENDAR

Transcript

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

Bill Howell
The House will come to order. Members please take your seats.
[Unknown]
The House will be at ease. Sergeant at arms.
Bill Howell
The House is now in session. Those persons not entitled to the privileges of the floor will retire to the gallery.
Bill Howell
The members will rise and be led in prayer by the Reverend antonel adolphus myler, pastor, shockoe missionary baptist church, Danville. And remain standing for the pledge of allegiance to the flag of the united states of america led by the gentleman from Colonial Heights, Mr. Cox.
Kirk Cox
Let us pray. Our father which art in heaven hallowed be thy name, tny kingdom come and will be done on earth as it is in heaven. That your will be done in this matter of them coming together corporately in in -- cooperatively in this legislature of government and we pray for the presence of the holy spirit to guide them in the bond of unity and do what is best for the state of Virginia. Most of all, that you will be pleased with the service of the general assembly. In jesus' name we pray, amen.
[Unknown]
Amen.
Kirk Cox
I pledge allegiance to the flag of the united states of america. And to the republic, for which it stands. One nation, under God, indivisible, with liberty and justice for all.
Bill Howell
The members will answer the roll call indicating presence on the electronic voting board. The clerk will close the roll. >> Mr. Speaker, a quorum is present.
[Unknown]
Pursuant to House rule 3 examine and approve the journal of the House of delegates for February 21, 207. Motions and resolutions under rule 39 are now in order. Any announcements or communications.
[Unknown]
The Senate has rejected the hot amendments to Senate bills 898, 1005, 1045, 1129, 1493, and Senate bill 1574.
Bill Howell
The gentleman from Colonial Heights, Mr. Cox.
Kirk Cox
I move the House up sift on amendments and request a committee of conference on the previously reported legislation.
[Unknown]
As many as favor that motion. That motion is agreed to.
Kirk Cox
In addition the Senate has insisted on its amendments and requested a committee of conference on the following House measures. House bill 20 o 06, 2051. To 64, it 2348, 2328. 2386, 42467 and 2471.
[Unknown]
Mr. Cox.
[Unknown]
I move the House accede to the request for the Senate for a committee of conference. As many as favor that motion sa.
[Unknown]
That motion is agreed to.
Bill Howell
The gentleman from Westmoreland. The gentlewoman from Westmoreland .
[Unknown]
I rise for two motions.
Bill Howell
The gentlewoman has the floor.
[Unknown]
I move to take up House joint resolution 1064 on Page 34 out of order.
[Unknown]
The clerk will report the resolution.
[Unknown]
House joint resolution 1064 celebrating the life of josh hartig.
Bill Howell
The gentlewoman from west mother land.
[Unknown]
H.J.R. Memorializes the wife of josh hardy, the son of amy and todd and he has three brothers one of whom is jack who was a wonderful Page that served the House last year. Josh was first diagnosed with cancer at nine months old. He fought against the disease and was cancer free until kindergarten. He helped raise money with his class for st. Jude's to help other kids like him. While recovering at st. Jude's josh contracted another virus which led to the need for an experimental drug. His family's successful social media campaign to obtain access to an experimental drug garnered national media attention, #savejosh was used across the country in hopes of securing the experimental drug. Additionally, this body introduced House bill 1750 in 2015 with bipartisan support that expanded access to ex-pairmental drugs and other treatments which was inspired by josh. This was also referred to as the josh hardy right to try bill. Even though josh was a young person he had deep faith in God. He inspired his brother and his father to get baptized and this baptism this happen this Sunday on February 26. After an inspirational life in January of 2016 josh's health began to decline and I pass the away on September 22. Josh was 10 years old and his legacy continues as the fund raise is under way to name a room in his honor at the ronald mcdonald House in tennessee. So that other children can feel comfort and happiness that he felt with his family while at st. Jude's. Ladies and gentlemen, please remember josh as a doer, he loved to experience everything and anything that he could. He loved meeting new friends. He loved meeting people. He was an inspiration for others and he never let limitations stop him from making the most of each day. He was at Peace with the lord. Mr. Speaker, I move the adoption of h.J.R. 1064 and I move when the House adjourns today it adjourn in honor and memory of josh hardy.
Bill Howell
The gentlewoman moves that the House adjourn in memory of josh hardy today. And as many as favor the pass and of the resolution will please rise. And motion is agreed to. The gentleman from stanton, Mr. Bell.
[Unknown]
Thank you, Mr. Speaker. I rise for a point of personal privilege. An introduction and a motion.
Bill Howell
The gentleman has the floor.
[Unknown]
Thank you, Mr. Speaker. Mr. Speaker, on February 3 the House of delegates passed House joint resolution 847. Celebrating the life of Madison Montgomery shinniberrie. I met madi in 2011 when she asked me for legislation to establish a more robust organ donation education program in 9th grade health and physical education classes. She was 16 years old. And as I have said before, she had me at hello. When mad dee was in 7th grade she was diagnosed with pull nomo nary hypertension and go years later needed a double lung transplant to survive. In January of 2009 she received her transplant at the children's hospital in pittsburgh. Life dealt maddie a nasty blow and gave her harsh terms. She accept the those terms and she met life on its terms. But she lived life on her terms. I wish we could all embrace life the way maddie did. After her transplant, maddie became a passion it is ate advocate for organ donation awareness. While we were not successful with legislation in 2012 maddie kept pushing forward and in 204 we worked together and successfully urged the Virginia board of education to include organ donation in the 9th grade health and physical education curriculum. Her presentation to the board that day was spellbinding. This young lady was poised, confident and passionate. And she stood in a room of mostly skeptical people and held them all in awe of what she was talking about. She always said we worked together on it. She actually did the heavy lifting. And she was kind enough to take me along for the ride. And in 2012, maddie was selected by life net of Virginia to ride the donate life float in the rose parade in pasadena and later became the face of our dmv organ donation program. Always in search of a new platform from which she could promote she continued to promote organ donation awareness from her platform as miss southwestern Virginia, a crown she won in 2014. Maddie was not a beauty pageant person, it was just another challenge and another opportunity and another chance to continue her crusade. She won the crown and qualified for miss Virginia. Unfortunately, her health challenges prohibited her from competing in the miss Virginia pageant. Maddie was a gifted ballerina and member in bridge water. She was invited to train with the young dancers program in new York city at age 11. And after undergoing her transplant was one of 20 dancers selected to attend the abt summer intensive program in bermuda. Maddie attended the regional governor's school and graduated with honors from turner high school in 2012. She attended Washington and Lee university in Lexington where she studied politics. And while in college, she had the opportunity to study abroad at the international institute of business in copenhagen, denmark. She interned on capitol hill for then speaker of the House john boehner of ohio. Maddie had aspirations of going to law school and becoming first female governor of the commonwealth. I promised her I would continue to be her mentor. Mr. Speaker, I believe we might have made it to the governor's mansion. In her 21 years, Madison touched the lives of so many people, including organ donation advocates, and legislateors like me who continue her legacy today. Sorry. I visited maddie two days before she passed away, December. She apologized to me. And she said we did a lot of good together, we have got a lot more to do. And I 'm sorry. Madison was an exceptional person. She would have been 22 years old next Tuesday. She is now finally remembered and greatly missed by her parents, curtis and ellen and her sister elizabeth, grand mother and friend bill who are with us today and I would ask you to stand, please. I tried to channel my inner maddie and get through that, I didn't do so good. Mr. Speaker, she will be loved and missed by the family, by the countless people she touch, and that includes me. And so, Mr. Speaker, I move that when the House adjourn today, it adjourn in the honor and memory of Madison Montgomery. Thank you, Mr. Speaker.
Bill Howell
The gentleman from stanton, Mr. Bell moves that when the House adjourn today it adjourn in the honor and memory of Madison Montgomery. As many as favor that motion will please rise. That motion is agreed to. >> The gentleman from Colonial Heights, Mr. Cox.
[Unknown]
Mr. Speaker, I rise for a
Bill Howell
The gentleman has the floor. Motion.
[Unknown]
I move that pursuant to rule 17 the House sustain the special and continuing order relating to election of judges until Thursday, February 23, 2017.
[Unknown]
As many as favor that motion. The motion is agreed to.
Bill Howell
The gentleman from Hopewell, Mr. Ingram.
Riley Ingram
Mr. Speaker, I rise for an introduction.
Bill Howell
The gentleman has the floor.
Riley Ingram
Thank you. Mr. Speaker and ladies and gentlemen of the House, I have the privilege of serving and having the Henrico historical park in my district and in the gallery today we have historical interpreters from Henrico 's historical park in Chesterfield County. And I would ask them at this time to stand, Mr. Speaker and they're here today to bring awareness to the 400th anniversary of pocahontas death in green stead england in March of 1617. A commemoration will be held at saint george's church in greenstand on March 21 of 2017. Representatives from the greater Richmond area and Henrico staff will travel to be there to participate in the upcoming commemoration. And Mr. Speaker, I would ask the House to please give them a warm welcome and thank them for being here. [applause]
Bill Howell
Delighted to have the visitors with us. We thank you for all that you do to continue our knowledge of history. We thank you for being here today. The gentleman from Fairfax .
[Unknown]
Mr. Speaker, a point of personal privilege.
Bill Howell
The gentleman has the floor.
[Unknown]
Thank you, Mr. Speaker.
Bill Howell
The House will come to order. The House will come to order. The gentleman from Fairfax .
[Unknown]
I address this chamber on the occasions of the birthday of our greatest virginian our first general george Washington and our ongoing celebration of Black history month. By now we are all familiar with the accomplishments of the great general Washington, chief among our founding fathers who oversaw the creation of strong well financed american government. In the words of Henry Lee iii also known as light horse harry Lee he was first in war, first in Peace and first in the hearts of his country men. Time and again history regals us with tails of great individuals like george Washington but we must not forget the people who lend the support necessary to make the person great. On his 281st birthday this is it, the 285th birthday is today of president george Washington, commander in chief of our continental army let us remember the enslaved people who ensured the sufficient management of his estate and the five farms and disstilled his famous rye whiskey. At the time he had the largest distillery in the new world and that rye whiskey soon will be the official spirit of the commonwealth of Virginia. Despite having been an active slave holder for 56 years, george Washington struggled with slavery and spoke frequently of a desire to end the practice. At the end of his life, Washington made the bold step to free 123 enslaved people he joined outright in his 1799 will. Only slave owning founding father to do so. I encourage you to come to mount vernon to visit the new lives bound together exhibit that explores the subject of slavery at mount vernon. The life of a slave was all about hardship, resilience and survival. They labored from sunrace to sunset with the threat of punishment ever present. Last fall as I have done for many years I had the honor of attending the wreath laying ceremony at the mount vernon slave memorial. The slave burial ground near george Washington 's tomb is one of several on the plantation. The bodies of the slaves were laid to rest on a quiet wooded hill side above the potomac. They were buried in coffins made on the plantation. Although there are no grave markers the ground penetrating radar indicated there are probably 75 graves, many of whom were children. The average life span, Mr. Speaker was just 22 years old. The mount vernon lady's association can be credited in 1929 for directing a modest memorial to the slaves bury on the estate. It remained the only marker until 1983 when a more formal and substantial memorial was dedicated thanks to Black women united for action and their leader Ms. Sheila coates. Designed by architecture students in Washington, d.C. It features a granite shaft in the center of a small circular with the words love hope and faith and there in scribed on the memorial steps. In the spirit of love, hope and faith I wish to honor the sacrifices and contributions of the enslaved people of mount vernon on the occasion of Washington 's 285th birthday and this Black history month. Thank you, Mr. Speaker. [applause]
Bill Howell
The gentlewoman from Fairfax, Ms. Kori.
[Unknown]
Thank you, Mr. Speaker. I rise for a point of personal privilege and an introduction.
Bill Howell
The gentlewoman has the floor. Floor.
[Unknown]
Thank you. Ladies and gentlemen of the House, last week you all graciously signed on to h.J.R. 933. Memorializing nicole mittendorf and I thank you again today for your support last week. Nicole joined the Fairfax County fire and rescue department on May 20, 2013 as a member of fire station 8 in anondale. Shae later excelled in medic school and became an acting fire and emergency medical services technician in 2015 and served in the fire and rescue profession for two years and 11 months. In addition to her courageous service as a Fairfax and emergency medical technician, nicole generously volunteered her time to raise thousands of dollars through her participation in triathlons, half marathons and crossfit events. Her selflessness and again ross the extended not only to -- generosity extended not only to people but to animals as well and she helped abandoned dogs and cats find a forever home. Nicole is fondly remembered and greatly missed by her husband steven her father robert, her mother marty and numerous other family members, friends and other public safety officers. Ladies and gentlemen of the House, by signing and passing this memorial resolution, we always expressed our great sadness at the loss of nicole, a dedicated, public safety officer and respected member of the Fairfax County community. Mr. Speaker, I move that when we adjourn today, we adjourn in the honor and memory of nicole mittendorf.
Bill Howell
The gentlewoman from Fairfax moves when the House adjourn today, it adjourn in the honor and memory of nicole mittendorf. As many as favor that motion will please rise. That motion is agreed to.
Bill Howell
The gentleman from Virginia beach, Mr. Miyares.
Jason Miyares
I rise for introduction and point of personal privilege.
Bill Howell
The gentleman has the floor.
Jason Miyares
Joining us is Scott parks a native of Virginia beach and spent three decades of his life in service to the commonwealth and department of navy as an environmental engineer. He also served this community as being a Sunday school teacher for the youth at first baptist Norfolk where his quick witt left an impression on so many young people including myself many years ago. Scott and his beautiful wife ellen open themselves up for those in need. They adopted a teen age boy whose father was incourse rated and was on the street and brought him in their own own and raised him as their own. Just graduated from vcu. A simple story of so many virginians that live their lives and give back to their community and try to do the right thing. His story doesn't stop there. In 2007, after open heart surgery, his body began to attack his own organs. He suffered kidney failure, liver failure, multiple organ failure. He wasn't given much of a chance to live. He was diagnosed with a rare blood disorder called catastrophic antifassule lipid syndrome or caps. Only 400 people have been diagnosed with disease ever in the history of the world. Through life saving drugs and experimental treatment he began to recover but it also destroyed his kid neys. He went on dialysis and became the first successful patient in history to receive a successful kidney transplant with caps from a recorded history from a friend from his church. The medical community was astounded but not Scott nor his family because of their faith in God and belief that love truly can conquer all. The doctors didn't give Scott much hope and yet Scott never lost hope. You recover from the initial setback and thought his life was going to start to get back to normal. Through intensive rehabilitation he began to walk again. And then he got a phone call which is how Scott was introduced to the rest of the world. A call from the acc inviting him to come down to the acc basketball tournament and attempt a million dollar prize half court shot in the middle of the duke notre dame game. Scott was pretty weak but his inspiration is jim.
[Unknown]
Jimmy valvanoa he vowed never to get up. He made the attempt. He would not have made the House basketball team. The shot flamed out but didn't even come close. An interesting twist, reporter ryan fagan videoed the shot and went viral. Over 10 million people saw his attempt fall short. As we have seen with bullying and social media worlds so many people used that opportunity to make fun of him, belittle him, treated Scott as a source of cruelty and derision and yeter per pa varied. They did not know his background report 39 pills he took a day to stay alive or the miracle for him to just be standing there that day. They didn't know his story. But an interesting twist, ryan fagan wrote a follow-up story for sporting news and then espn drew interest and shared the story to the world of Scott 's real story. And then something remarkable happened, Mr. Speaker. The man that was derided became a source of inspiration for some dealing with life threatening disease. Scott's incredible story of courage was profiled multiple times nationally but the sporting news and espn detailing the love of his wife ellen and his family and strength and ability in combating this life threatening disease and his story provided inspiration to countless virginians and americans. In 2010, Scott had another set back. He went into a coma. Doctors questioned whether he would come out of the coma. He did. They questioned whether he would recover any use of his arm. He did. They questioned whether he would be able to commune case again. Indeed, he did. Mr. Speaker, what does courage look like? Often times you rightly say it is a soldier standing on the wall. The men in blue protecting our the fire men going in for the communities. Rescue. But sometimes, sometimes, Mr. Speaker, the face of courage can come to us in a different form. I say in the back of the chamber today, the face of courage sits in Scott parks. Scott's faith and spirit while facing this I 'llness are professor, indeed, that through faith love can conquer all. On January 20, this body unanimously passed House joint resolution 742 commending Scott parks for his incredible courage and will and inspiration. St. John of the cross said at the end of our lives we will be judged by how we loved. Scott parks has fought well, he has livele well, and, indeed, he has loved well. It is the pleasure of the body of this House please give Scott parks a warm House welcome for all he has done for those fighting -- [applause]
[Unknown]
We are honored to have you visit with us today. We salute you for your courage and for your perseverance and just thank you for being with us today and showing to us what can be done when somebody tries hard. We thank you very much. [applause]
Bill Howell
The gentleman from series, va beach Mr. Villanueva I rise for an introduction.
Ron Villanueva
The gentleman has the floor.
[Unknown]
We have the men of faith from Virginia beach and I ask that they please stand and be recognized. The men of faith is an organization of african american men from seven Virginia beach churches who have been volunteering and mentoring young african american students in the Virginia beach school system since 2007. Their vision like ours is to ensure youth success from a young age as well as to in still responsibility, to foster strong citizenship. The men of faith have been visiting with us in Richmond for the past several years to understand the legislative process. This morning, they were -- they listened to great stories from majority leader Cox, Knight, Davis, windsor, toriam and holcomb.
Ron Villanueva
We are pleased to have the men of faith from Virginia beach with us today and we thank you for all that you do for your community. The gentlewoman from Richmond city, Ms. Mcquinn.
[Unknown]
Thank you, Mr. Speaker. I rise for a point of personal privilege.
Bill Howell
The gentlewoman has the floor.
[Unknown]
Thank you, Mr. Speaker. Mr. Speaker, this morning Delegate luke toran and I attended a breakfast with many people in attendance, many were ministers and pastors from across this great nation and one thing that occurred at that event was a celebration of an individual who who contribute much, we had an honor to honor him, that individual and on February 2, we passed House joint resolution 865 commending Reverend Dr. John william kenny. He and his wife along with Dr. Iva caruthers is here with us today and joined us on the floor in the back. I wanted to take this time just to also make certain that we celebrate him and just talk a little bit about this gentleman that many of us have had an opportunity to see many times in Dr. John kenny is an action. Extraordinary leader whose leadership has produced some of the greatest minds and scholars through the theological training just because of his demand for a distinguished in the excellence. Theological circles as the dean of preachers. The beloved pastor of the ebenezer baptist church where he has served since 1977. God has pleased him with a phenomenal -- blessed him with a phenomenal mind in which he has inspired thousands of people through his leadership and preaching. Dr. John kenny actually was born in west Virginia but made Virginia certainly his home. And we are just -- I 'm excited to have had the opportunity to take this time and, once again, to honor him for his great he has -- is nationally known as leadership. A prolific scholar and a powerful vessel with a prophetic voice. He has served the college in ashland, in Richmond, and the college of william and mary in Williamsburg. He is also served on many national levels and have served in the capacity of leadership. And so once again, we just want to honor him and just thank him again for all that he has done to inspire so many people across this nation today as again as Dr. Kenny and his wife are here. It is because of him that the gospel ministry have gone forth and through local churches and the preparation of ministers is unmatched in this commonwealth. And so we want to thank him for all he has done and so at this time I just want to yield to the gentleman from Prince William the remaining time, Delegate luke Torian, thank you.
Bill Howell
The gentleman from Prince William, Mr. Torian.
Luke Torian
It is my pleasure so join Delegate McQuinn in honoring a gentleman whoment so much to me in my life. In 982 I came to Richmond Virginia to go to the school of theology at Virginia union university and Dr. Kenny was one of my professors and I learned so much from him about being a young man, being a young preacher, being a responsible minister of the gospel of jesus christ. He has touched so many lives. And I am a proud graduate, graduated from 1984 from the school of theology at Virginia union university. And he has taught many of us that when we stand in God 's pulpit we stand to deliver the gospel of jesus christ to those who are lost, to those who are wounded and those who are hurt and he reminds us of a great quote from James Russell lowwell, truth forever on the scaffold, wrong forever on the throne and yet sways the future and be a hind them unknown stands God in the shadow keeping watch above the moan. My brothers and sisters of this House please join me in welcoming to this House, the honorable Dr. John kenny of the school of theology of Virginia union university. [applause]
[Unknown]
S. We are, indeed, delighted and honored to have you with us here today and thank you so much for your years of service to the gospel and we thank you for being with us today.
Luke Torian
The gentleman from Henrico, Mr. Bagby.
Lamont Bagby
I'm just reading what I got up here.
[Unknown]
Thank you, Mr. Speaker. I rise for the purpose of introduction.
Lamont Bagby
The gentleman has the floor.
[Unknown]
They have been laughing at me all morning and get to laugh at me a little bit more. Would you all rise joining us in the gallery are students from new bridge academy. Founded in 2004 as a ministry of new bridge baptist church. It is an in dependent coeducational day school offering christ-centered private educational environment for kindergarten through 12th grade. The students have come to tour the capitol and observe the government in action. Please join me in giving the new bridge academy students a warm House welcome. [applause] thank you, Mr. Speaker.
Bill Howell
We are delighted to have the students from new bridge academy and we hope you enjoy your time, particularly watching your Delegate back and forth. Thank you for being with us today. The gentleman from Prince William, Mr. Anderson.
Rich Anderson
Mr. Speaker, I rise for purpose of an introduction.
Bob Marshall
The gentleman May proceed.
Rich Anderson
Mr. Speaker, seated in the gallery today are a large group of students from woodbridge middle school in eastern Prince William County. The school swung its doors open in 1964 so it has been educating young people grades 6-8 for now 53 years and I would ask that the House of delegates give a warm welcome to the woodbridge middle school seminoles. [applause]
Terry Kilgore
Great to have the woodbridge seminoles with us today. We thank you for your visit to the capitol and hope you enjoy your time here. The gentleman from Middlesex, Mr. Hodges.
Keith Hodges
Thank you, Mr. Speaker. I rise for an introduction.
Bill Howell
The gentleman has the floor.
Keith Hodges
Thank you, Mr. Speaker. Mr. Speaker and ladies and gentlemen of the House in the back of the gallery today we have some very special guests. A true Virginia gentleman that represented well the 98th district in the commonwealth of Virginia for 32 years. Join me in giving a warm House quarterback to the gentleman from Gloucester and his lovely bride, mary helen, Delegate harvey Morgan. [applause]
[Unknown]
Harvey, it is great to see you and mary helen again. We thank you for taking the time to visit with us. We miss you all very much and are glad that you are here with us for a little while today.
Bill Howell
The gentleman from Scott, Mr .
[Unknown]
Mr. Speaker, I have a motion.
Bill Howell
The gentleman May state it.
[Unknown]
On Page -- well, two motions. On Page 16, Senate bill 1110, I would make a motion that we refer Senate bill 1110 back to the committee on commerce and labor and speak to that measure.
Bill Howell
The gentleman has the floor.
[Unknown]
This referral would be at the request of the patron.
Bill Howell
The gentleman from Scott Mr. Kilgore moves that Senate bill 1110 be rereferred to the committee on commerce and labor. As many as favor that motion sa. The motion is agreed to.
Terry Kilgore
Mr. Speaker, on Page 17, Senate bill 1264.
[Unknown]
Mr. Speaker.
Terry Kilgore
I haven't made a motion yet.
[Unknown]
I was mind reading, Mr. Speaker.
[Unknown]
Okay. Mr. Speaker on Page 17, Senate bill 1264, I would make a motion that we refer Senate bill 1264 back to the committee on commerce and labor and I would say in speaking to that measure, Mr. Speaker.
[Unknown]
Yes, sir.
[Unknown]
I would say that after this bill came out of committee there was numerous conversations about some of the legal ramifications of some of the wording in the bill from members on courts and members on commerce and labor and I think it would be best to send it back to commerce and labor to look at it over in the offseason.
[Unknown]
Mr. Speaker.
Bill Howell
The gentleman from Prince William, Mr. Marshall.
Bob Marshall
Would the gentleman yield for a yes.
[Unknown]
I will yield.
Bob Marshall
The gentleman yields.
[Unknown]
Thank you very much. Mr. Speaker, I note that this bill passed the other body unanimously and that it passed out of the commerce and labor committee and it bears the name of the gentleman who is making the motion to send it back to another committee. Would you please -- and there is people who are on the courts committee who voted in favor of this. Did you ask the patron about sending it back like you did apparently with the other bill?
[Unknown]
I would say to the gentleman his question -- there was a couple of questions there but to the first question, I did vote for it to bring it to the floor, but I made a mistake. And I would say that after talking -- after talking to learned legal counsel that I saw the error of my ways and decided that it should go back to committee. I would say to the second question that I have not been able to speak to the gentleman the patron of the bill and if you would like for me to have it go by for the day until I do have a chance I would be more than happy to do that.
[Unknown]
I would ask that he ask the patron of the bill if he would want that.
[Unknown]
Then, Mr. Speaker, then the motion would be to go by for the day.
Bill Howell
Without objection, Senate bill 1264 by for the day. Does the clerk have any moves from the regular?
[Unknown]
Yes, sir, Mr. Speaker. Senate bills third reading uncontested there are four requested moves. Page 2 of the printed calendar, Senator McPike 1117 asked to be moved to the regular calendar by Delegate frates. On Page 8. Senator Deeds s.B. 1063 requested to be moved to the regular calendar by Delegate Jones. Turning to Page 9. Same category. Senate bill 1172 requested to be moved to the regular calendar by Delegate webber. And Page 10, Senator Obenshain 's s.B. 1284 has been requested to be moved to the regular calendar by Delegate Bell of albermarle. Finallile, on Page 15 within the same category, Senate bill 1578 by Senator Norment requested to be moved to the regular calendar by Delegate Gilbert .
Bill Howell
Without objection, they will be moved to the regular calendar. Does the clerk have any announcements by for the day legislation?
[Unknown]
Yes, sir. A number of those as well, Mr. Speaker. Beginning on Senate bills third reading regular first up on Page 18, Senator Carrico 's 1315sked to be taken by for the day by Delegate Cline and s.B. 1418 asked to be taken by for the day by Delegate Kilgore. Page 19. Two bills there. Senator Reeves s.B. 1548 and 1569 both have been asked to be taken by for the day. The first by Delegate Gilbert and the second by Delegate Stolle. And on Page 20, the printed calendar, Senator McPike s.B. 1359 asked to be taken by for the day by Delegate Lingamfelter .
[Unknown]
Mr. Speaker.
Bill Howell
The gentleman from Shenandoah, Mr. Gilbert.
Todd Gilbert
Rise for a motion.
[Unknown]
I move the bills go by for the day.
Todd Gilbert
Without objection, those bills will go by for the day. Further motions or resolutions under rule 39? If not, the clerk will call the calendar.
Rob Bell
Wednesday, February 22, 2017 for the Virginia House of delegates. Senate bills on third reading uncontested calendar. Third reading uncontested calendar. First bill in the block, Page 1 of the printed calendar. Senate bill 951, a bill to amend and reenact one section much the code of Virginia related to school service provider. Reported from the committee on education with a substitute.
[Unknown]
Mr. Landes.
[Unknown]
I would like to move the education committee substitute for Senate bill 951.
Bill Howell
The question is on adoption of the committee substitute. As many as favor that motion sa. The substitute agreed to. The gentleman from Augusta .
[Unknown]
Thank you, Mr. Speaker. Mr. Speaker and ladies and gentlemen of the House, Senate bill 951 requires school service providers to provide each saw it dent either directly or through parent or cool with access to an electronic copy of any student personal information pertaining to the student koleched, maintained, used or shared by the public service provider. The bill provides such electronic copy to be in a machine ready readable format. Mr. Speaker, I move the pass and of the bill.
[Unknown]
Turning to Page 2. Senate bill 1117 moved to the regular calendar therefore continuing with the block. Senate bill 1475, a bill to amend and reenact two sections of the code of Virginia relating to family life education curriculum guidelines and crick la reported from the committee on education with amendments.
Bill Howell
The gentleman from Augusta, Mr. Landes.
Steve Landes
Thank you, Mr. Speaker. First I would like to move the committee amendments for 1475.
Bill Howell
As many as favor that motion. The amendments are agreed to. The gentleman from Augusta .
Steve Landes
Thank you, Mr. Speaker. Mr. Speaker and ladies and gentlemen of the House, as amended, Senate bill 1475 make changes to the family life education curriculum guidelines and curricula including requiring family life education curriculum guidelines to include instruction appropriate as to the age of the student in the value of family relationships and permitting age appropriate elements of effective evidence-based programs on sexual violence that are required to be incorporated into any high school family life education curriculum offered by local school divisions. And it shall include instruction that increases student awareness of the fact that consent is required where sexual activity. Mr. Speaker, this is a bill similar to Delegate Filler-Corn 's legislation but is somewhat different and I would hope that the House would pass
[Unknown]
Continuing with the block on the bill. Page 3. Senate bill 8 a 15. A bill to amend and reenact a section of the code of Virginia relating to priority of debts to be paid from desessionent's assets, unpaid child support. The bill reported to the committee for courts of justice.
Bill Howell
The gentleman from Salem, will Habeeb .
[Unknown]
I apologize in advance. Today is the day that the Delegate from albermarle and I stand up and explain the boring courts bill from the Senate. The first such remarkably carried by Senator sud. Surovell. I would move passage of the bill.
Ben Cline
Senate bill. The bill is reported from the committees of courts of justice with time with amendment.
Bill Howell
The gentleman from albermarle, Mr. Bell.
[Unknown]
I move the amendment.
Bill Howell
The question is on adoption of the committee amendment. As as many as favor that motion say aye, those opposed no. The amendment is agreed to. The gentleman from albermarle.
[Unknown]
Under the code of Virginia there is various ways someone can lose the license and be allowed a restricted and a list of purposes for which you can have a restrict the license. This would add going to a job interview with certain restrictions. I hope it would be the pleasure of the body to pass the bill.
[Unknown]
85 h. A bill to amend and reenact two sections of the code of Virginia relating to collection of downpaid court fines et cetera. Reported from thethe committee from courts of justice with a substitute.
[Unknown]
The gentleman from albermarle, Mr. Bell.
[Unknown]
Move the committee.
Bill Howell
The question is on adoption of the committee substitute. As many as favor that motion sa. The gentleman from albermarle. The substitute is agreed to.
[Unknown]
This is identical to House bill 2386 which is Delegate Loupassi 's bill involve is restricted licenses and payment of court costs. We passed that 95-0. The expectation is this will go in conference and the where parts will be combine inside a con is census bill.
[Unknown]
Page 4. Senate bill 867. A bill to amend and reenact relating to lien against person whose negligence causes injury, emergency medical services provaders or agencies. Reported fromthe committee for courts of justice.
Bill Howell
The gentleman from Salem, Mr .
[Unknown]
Clarifies national medical services agency also has a lien provided bypassage. I move passage.
[Unknown]
Relating to the authority of a fire chief over unmanned aircraft at a fire explosion or other hazardous situation. Reported from the committee from courts of justice with amendment.
Bill Howell
The gentleman from salmonella, Mr. Habeeb.
Greg Habeeb
I move the committee amendment.
Bill Howell
The question is on adoption of the committee amendment. As many as favor that motion sa. The amendment is agreed to. The gentleman from salmonella.
Greg Habeeb
Mr. Speaker and members of y.
[Unknown]
The fair chief control and I move passage of the bill.
[Unknown]
913 a bill to amend and reenact various sections of the code and repeal one relate to the uniformed trust recanting act reported from the committee for courts of justice.
[Unknown]
Mr. Speaker and members, this
[Unknown]
Mr. Habeeb. Codified the uniform trust key can'ting act and I move pass and of the bill.
[Unknown]
Senate bill 927. A bill to amend and reenact two sections of the code of Virginia relating to eminent domain. Reported from courts of justice.
[Unknown]
Mr. Speaker and members of the body, Senate bill 927 is exactly what the clerk said and I move passage of the bill.
[Unknown]
Senate bill 935 a bill to amend and reenact relating to inpatient psychiatric hospital admissions the defendant found ineconomy.
[Unknown]
Mr. Cline.
[Unknown]
Thank you, Mr. Speaker and ladies and gentlemen of the House. Senate bill 935 removes the probib hit, for defendants already ored to reeve such treatment.
Sam Rasoul
Senate bill 946. A bill to amend and reenact four sections of the code relating to time within which a petition for appeal to the supreme court shall be filed. The bill is reported to the committee for courts of justice.
Bill Howell
The gentleman from
[Unknown]
I move passage of the bill.
[Unknown]
Continuing with the block. Senate bill 947 a bill to amend and reenact a section of the code of Virginia. Report from the committee from courts of justice.
Bill Howell
The gentleman from Salem, Mr .
[Unknown]
Senate bill 947. [laughter]
[Unknown]
Change the period of extension from month to days around move passage of the bill.
Rob Bell
Senate bill 1006, a bill to amend and reenact sections of the code relating to committant hearings for involuntary resolution admissions data sharing. Bill is reported from the committee for courts of justice.
Rob Bell
The gentleman from Rockbridge, Mr. Cline.
Ben Cline
Thank you, Mr. Speaker. Senate bill 1006 deals with commitment hearings and sharing of information and I hope it would be the pleasure of the House to pass the bill.
[Unknown]
Senate bill 1008, a bill to amend and reenact various sections of the code of Virginia all of which relate to criminal history record checks barrier crimes. Reported from the the committee of courts of justice with a substitute.
Ben Cline
The gentleman from albermarle, Mr. Bell.
[Unknown]
I move the committee substitute.
Bill Howell
The question is on adoption of the committee substitute. As many as favor that motion sa. The substitute is agreed to. The gentleman from albermarle.
Scott Lingamfelter
The code of Virginia there are multiple places we have barrier crimes lists and this very become different and separate and that would create a single list and updates from the large number of offenses in crimes where we added a paragraph or a sub number even a new offense and I hope it would be the pleasure of the House to pass the substitute.
[Unknown]
Continuing with the block on Page 7. Senate bill 1024, a bill to amend and reenact sections of the code and repel one other releyting to the reporting of disabilities of drivers. Reported from the committee of courts of justice with amendment.
Bill Howell
The gentleman from Hanover, Mr. Pour.
[Unknown]
Thank you, Mr. Speaker. Mr. Speaker, I move the amendment.
Bill Howell
The question is on adoption of the committee amendment. The amendment is agreed to. Get from Hanover .
Greg Habeeb
Thank you. Ladies and gentlemen of the House, Senate bill 1024 is identical to my bill House bill 1514 which sailed out of the House unanimously. It provides that doctors of medicine, osteopathy, nurse practitioner, physical therapists report to the division of motor vehicles that -- that anyway provide civil immunity without, you know, so on and so forth. I move passage of Senate bill 1024.
[Unknown]
Thank you.
[Unknown]
Continuing with the block. Senate bill 1054 a bill to amend and reenact two sections of the code relating to malicious activation of fire alarms reimbursement of expenses penalty. Reported from the committee for courts of justice.
Bill Howell
The gentleman from albermarle.
[Unknown]
This addresses the malicious use of firearms not in public buildings. It has been approved already by the governor so I would move -- is there an amendment or substitute? I would move the passage of the bill.
Rob Bell
Continuing with the block. Senate bill 1060, a bill to amend the code of Virginia relating to female genital mutilation. Criminal penalty and civil action. Reported from the committee for courts of justice with substitute.
Rob Bell
Mr. Rasoul.
Rob Bell
I move the committee substitute.
Bill Howell
The question is on adoption of the committee substitute. As many as favor that motion sa. The substitute is agreed to. The gentleman from Roanoke city.
[Unknown]
Thank you, Mr. Speaker. This creates a civil action against those who partake in female genital mutilation. In my time in a healthcare firm in africa many of us dealt with the violence against young women. While there is no mention in the sick practice in the torah or koran or the bible, tribes have practiced it for centuries and it must be stopped. 24 states already adopted legislation banning this practice. I know my friends across the globe would be happy to see Virginia take a strong stance against fgm and I move passage of the substitute.
[Unknown]
Continuing with the block. Page 8, Senate bill 1063 moved to the regular calendar contribution 1091, a bill to amend and reenact three sections of the code of Virginia relating to marijuana offenses. Driver's license forfeiture.
[Unknown]
I move the substitute.
Bill Howell
The question is on adoption of the committee substitute. As many as favor that motion sa. The substitute is agreed to. The gentleman from albermarle.
[Unknown]
Mr. Speaker as amended this a identify to House bill 2051 from Delegate Adams which passed the body unanimously. I would move the passage of the substitute.
[Unknown]
Continuing with the block. A bill to amend and reenact a section related to line of duty act Fairfax trainees. Reported from the committee on appropriations.
Bill Howell
The -- anybody -- my calendar says Scott. I'm not sure what that means. Maybe Surovell. The gentleman from Prince William, Mr. Lingamfelter.
Scott Lingamfelter
Thank you, Mr. Speaker. Senate bill 1118 includes a person with a recognized membership status of a fair department or department enrolled as fire service trainee to be considered in the line of duty act. I move we pass the bill.
[Unknown]
Turning to Page 9 of the printed calendar. Continuing with the block. Senate bill 1553. A bill to amend and reenact a section of the code reimbursement of other thans costs. Report the from the committee for courts of justice.
Scott Lingamfelter
The gentleman from Salem, Mr .
[Unknown]
Senate bill 1553 allows for the recovery of costs. I move passage of the bill.
[Unknown]
1172 moved to the regular calendar. Continuing with Senate bills third reading uncontested calendar. A bill to amend and reenact relating to water and sewer leagues, lessee or tenant. Reported from the the committee for courts of justice.
Bill Howell
The gentleman from Salem, Mr .
[Unknown]
Mr. Speaker and members of the body, Senate bill 1189 sets for the when water and sewer liens can attach to the property.
[Unknown]
Senate bill 1276, a bill to amend and reenact a variety of sections of the code relating to dismissal of certain traffic violation for proof of compliance with the law. Reported from the committee for courts of justice.
Bill Howell
The gentleman from albermarle.
[Unknown]
The court will often dismiss them and this adds to the list of minor offenses for which that applies. I hope it would be the pleasure of the House to pass the bill.
[Unknown]
Senate bill 1284 moved to the regular calendar. Senate bill 1330 a bill to amend and reenact two sections relating to critical incident stress management team. Reported from the gettee of courts of justice with an amendment.
Bill Howell
The gentleman from albermarle, Mr. Bell.
[Unknown]
I move the committee amendment.
Bill Howell
The question is on adoption of the committee amendment. As many as favor that motion sa. The amendments agreed to. The gentleman from ail about better natural.
[Unknown]
This provides concern communications regarding critical incident to a peer support team are privileged. I hope it would be the pleasure to pass the bill.
[Unknown]
Senate bill 1342 a bill to amend and reenact two sections related to district court attorney's fees. Reported with amendment.
Bill Howell
The gentleman from Salem, Mr .
[Unknown]
I move the committee amendment.
Bill Howell
The question is on adoption of the committee amendment. As many as favor that motion sa. The amount is agreed to.
[Unknown]
Mr. Speaker and members of the body, Senate bill 1342 provides that does not include attorney fees and I move pass and of the bill.
[Unknown]
Senate bill 1343 a bill to amend and reenact rae lating to reimbursement for appointment of guardian ad litem.
Bill Howell
The gentleman from Salem, Mr .
[Unknown]
I move the committee amendment.
Bill Howell
The question is on adoption of the committee amendment. As many as favor that motion sa. The amendment is agreed to. Get from Salem .
[Unknown]
Senate bill 1343 codified the scenario where the court can assign costs to the parties of legitimate interest. I move passage to the bill.
[Unknown]
Turning to Page 12. 1360, a bill to amend and reenact relating to the department of military affairs civil actions reported from the committee for courts of justice.
Bill Howell
The gentleman from Salem, Mr .
[Unknown]
Authorizes certain employees to take certain legal actions without use of attorney and I move passage of the bill.
[Unknown]
Senate bill 1412 a bill to amend and reenact sections of the code relating to adoption leave benefit reported from the committee on general laws and the committee on appropriations with a substitute.
[Unknown]
Can that bill go by temporarily?
Bill Howell
Without objection, by temporarily.
[Unknown]
Continuing with the block on Page 13. Senate bill 1421 a bill to amend and reenact three sections of thep> fr
Tag Greason
I move adoption of the committee substitute. The question is on adoption of the committee substitute. As as many as favor that motion say aye, those opposed no. The substitute is agreed to. The gentleman from Salem .
[Unknown]
Earlier in the he is shin we passed Delegate Collins ' broad preform of d.U.I. On the criminal and civil context and this is a small sub set of the bill the same as it relates to the civil portion and I move passage of the bill.
[Unknown]
Page 14. Continuing Senate bills third reading uncontested calendar continuing on the block is villanova 1501 a bill to amend and reenact relating to victims rights for notification of scientific analysis information. Reported from the committee for courts of justice with an amendment.
Bill Howell
The gentleman from albermarle, Mr. Bell.
[Unknown]
I move the committee amendment.
Bill Howell
The question is on adoption of the committee amendment. As many as favor that motion sa. The amendment is agreed to. The gentleman from albermarle.
[Unknown]
Mr. Speaker and members of the body this involves the rape evidence kit. A cleanup of the bill from last year and says the victim shall be notified of the completion and shall receive information regarding results for any kit collected after July 1, 20 1201.
[Unknown]
A a bill to amend and reenact relating to d.U.I. Search warrants for blood withdrawals reported from the gettee for courts of justice.
Bill Howell
The gentleman from albermarle, Mr. Bell.
[Unknown]
I have been told to make sure that I adequately explain things. I will try. So, Senate bill 1564, Senator Norment 's bill is a sub set of the Collins d.U.I. Bill and provides that when there is an application for a search warrant it shall be given priority over matters on the docket that do not involve imminent risk of another to health or safety and sub set of House bill 2327 that passed this body 20-0. I hope it is the pleasure of the House to pass the bill.
Bobby Orrock
Turning to Page 15. Senate bill 1578 moved to the regular calendar. Therefore, Senate bill 1594 before the body, a bill to amend and reenact related to conserve atores of the Peace investigate or employed by an attorney for the commonwealth. Reported fromthe committee for courts of justice with a sought.
[Unknown]
I am advised it is very important that we fully explain these bills for reasons that are beyond my pay grade. But, this measure took a lot of time in the courts of justice gettee and involves investigators the commonwealth attorney have in their office. Not in law enforcement or the sheriff's office. They often serve subpoenas and it has been asked as they be identified as conserve atores of Peace so they receive the same protections sheriff's deputies were when they serve a subpoena. What the bill says with the substitute is it requires the investigator to have been employed as a law enforcement offyier. If we are sending someone into a dangerous place they at least have some training. I would move the substitute.
Bill Howell
The question is on adoption of the committee substitute. As many as favor that motion sa. The substitute is agreed to.
[Unknown]
Mr. Speaker, I don't know if anyone has any questions oen this very important measure but I would be happy to entertain now we must move quickly on this them. So I would would move the passage of the bill.
[Unknown]
Mr. Speaker. Returning to Page 12 of the printed calendar. Bill taken by temporarily was Page 12. Senate bill 1412 a bill to amend and reenact relating to adoption leave benefits. Reported by the committee on general laws and reported with a substitute.
Bill Howell
The gentleman from Loudoun, Mr. Greason.
Tag Greason
Mr. Chairman, adopt the committee substitute.
[Unknown]
See how quickly they forget.
Tag Greason
Oh, Mr. Speaker. [laughter]
Bill Howell
The question is on adoption of the committee substitute. As many as favor that motion sa. The substitute is agreed to. The gentleman from Loudoun .
[Unknown]
Thank you, Delegate Howell. I appreciate that. [laughter]
[Unknown]
Bill, bill. Bill.
[Unknown]
Sorry. Sorry, bill.
[Unknown]
I have a motion. [laughter]
[Unknown]
I figured I would leave the House at the same time you left so. [laughter]
Bill Howell
The gentleman from pittsburgh.
[Unknown]
Thank you, Mr. Speaker. Senate bill 1412 creates a new classification for paid leave for state employees who adopt an infant. I move the passage of the bill.
[Unknown]
Shall the bills pass?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 100, nos 0.
[Unknown]
Ayes 100, nos 0. The bills are passed.
[Unknown]
Continuing with today's calendar. The next category Page 16 of the printed version. Category Senate bills on third reading regular. Third reading regular. Senate bill 1110 has been rereferred to the committee on commerce and labor and the first bill up for the body Senate bill 1239 a bill to amend and reenact multiple sections of the code relating to child day programs exemptions from licensure. Reported with a substitute. Sweptly reported from the committee on appropriations with amendment and both have been previously agreed to.
Bill Howell
The gentleman from Caroline, Mr. Larock.
Dave LaRock
Mr. Speaker and ladies and gentlemen of the House, this bill was explained a couple of days ago and has gone by to try and address questions from certain members but just to refresh your memory this is the result of a study last year initiated by the Senate that will take certain previously totally exempt child daycare entities and leaves them exempt, not requiring licensure but requires them to provide certain information to dsf and have certain training standards among the providers. I move the passage of the bill.
Bill Howell
Shall the bill pass? The clerk will close the roll. >> Ayes 66, nos 34. >> Ayes 66, nos 34. The bill is passed.
Dave LaRock
Turning to Page 17 of the printed calendar. Senate bill 1023, a bill to amend and reenact several section of the code relating to concealed handgun permits access to the Virginia criminal information network. Reported from the committee on militia, police and public safety and there a floor amendment.
Bill Howell
The gentleman from Prince William, Mr. Lingamfelter.
Scott Lingamfelter
I would ask we report the floor amendment.
[Unknown]
The floor amendment line 34, line 34 after letter d not withstanding, strike any other provision of law and insert the phrase the provisions of sub section c so it reads not withstanding the provisions of sub section c.
Scott Lingamfelter
This came up yesterday when it was pointed out that the language not withstanding any other provision of law was far too broad. Turns out that the only section of the code by actually addresses the information that this would prescribe is actually in the paragraph right above, the paragraph d which is paragraph c so the provisions of sub section c greatly narrow the I hope to would be the pleasure bill. Of the House to accept -- pass the amended bill.
Bill Howell
The question is on the adoption of the floor amendment offered by the gentleman from Prince William Mr. Lingamfelter. As many as favor that motion sa. The floor amendment is agreed the gentleman from prince to.
Scott Lingamfelter
Mr. Speaker, I move we pass william. The bill.
Bill Howell
Shall the bill pass? The clerk will close the roll.
Scott Lingamfelter
Ayes 68, nos 31.
[Unknown]
Ayes 6, nos 31,y the bill is passed. --68.
[Unknown]
Senate bill 1264 is by for the day. Page 18. Similarly 1315 is by for the day. There manufacture the bill before us, Senate bill 1362 a bill to amend and reenact a section of the code rae lating to carrying concealed weapons exemption nor nonduty status active military personnel. Reported from the committee on militia police and public safety with amendment. The amendment agreed to and there is a floor amendment.
Bill Howell
The gentleman from Prince William, from lynne.
[Unknown]
Thank you, Mr. Speaker.
[Unknown]
I would ask the clerk report the amount amendment.
[Unknown]
The floor amendment offered by Delegate Lingamfelter on line 52 of the bill, line 52, after the word "guard" comma, strike the Virginia defense force.
Bill Howell
The gentleman from Prince William .
[Unknown]
Thank you, Mr. Speaker. This amendment arose out of a discussion we had yesterday about the Virginia defense force. The bill actually doesn't address carrying weapons when they are actually doing their duty. However, I spoke to the patron we looked behind some of the issues and it was determined that it was probably best to remove them because it doesn't affect a lot of the Virginia defense force in the first place. So, that is the amendment. I would ask that we pass the amendment.
Bill Howell
The question is on adoption of the floor amendment. As many as favor that motion sa. The floor amendment is agreed to. Shall the bill pass? Excuse me. The gentleman from Fairfax, Mr. Simon.
Marcus Simon
Speaking to the bill.
Bill Howell
The gentleman has the floor.
Marcus Simon
Mr. Speaker and members of the House, I rise to speak to the bill. As many of you know I am a veteran myself. I served in the u.S. Army. I was an officer. And, at the risk of sounding like the current president, no one has more respect for the people that serve in the military and protect our lives and put their lives on the line and are subject to being called into harm's way at any moment than I do. But the -- there is a problem with this bill. This bill hasn't been throughout out very thoroughly. The gentleman's amendment makes it a little bit better. It hadn't occurred to anybody as this went through committee that we were going to have Virginia defense force folks carrying their private weapons around without a permit on the basis of military I .D. And would have to check that some where when we went on to active duty so we took that out and makes it a little better. A lot of unforeseen consequences we haven't seen there. As an army prosecutor, I got to sea a little bit different side of the military. Okay. Maybe it is jaded, maybe because I saw follows at their worst, maybe it is because I had to deal with the folks that had domestic abuse problems going on and follow bees suffering with substance abuse issues, maybe it is because I had to deal with the people that came off of reserve duty and were looking to get on active duty because they needed a job to support their drug habit so the day that he got the orders and got the rental car he sold it and checked into his hotel and sold the t v-out of his hotel room, the first minute he got it. Those are the folks that I had to deal with every day. That was my job to two in and deal with the worst of what was going on because the military like any other community has its share of really great folks, right. But not everybody is a hero all the the time. And sometimes you get follows in a bad way or suffering and the military because of what we ask our soldiers to do and because of what they go off and doen o our pee half so the rest of us don't have to, they suffer more than the rest of the population from issues like mental health issues and substance abuse and family problems because they are separated, because they are under stress, because they suffer from ptsd. So to suggest that a might not be a great idea to put every one of those folks and tell them just because you carry this I .D. Card you are fit to carry a concealed weapon is not at all demeaning or degrading to folks in the military. It is just reality. I know there is a school of thought amongst some of us that everybody ought to carry a gun all the time everywhere they go and nobody out to question their ability to do that. I understand that is the belief we are trying to get closer to as we create a special category of folks here and I underand it and I believe that our soldiers that we send off to war and are combat ready ought to have a right to defend themselves by whatever means they deem appropriate for them. Not everybody who carries a military I .D. Card is fit for service. Military commanders carry a list of at-risk soldiers. And those folks aren't combat ready. They don't carry weapons on post. They are not allowed to because they are at risk. You know, I 'm very concerned about the safety, the physical well being of our soldiers, sailors, airmen, marines and coast guard members. Right now one of the biggest threats that they face is suicide. Suicide rates in the military are twice what they are in the civilian population. In the reserves, hundreds of active duty reservists kill them was every year and one of the major risk factors is the availability of lethal mean because they can get their hands on firearms their suicide attempts are much more likely to be successful. I don't think this solves a problem. I do think it puts our soldiers and sailors that are suffering that are under a lot of stress puts them at greater risk by making the handguns and weapons and lethal means of suicide more available. I called some of my colleagues and some still on active duty for stories of follows you wouldn't want to have carrying around a concealed with epiupon permit. The reaction was you guys want to do what? This is not a good idea. On surface seems like a good thing to do, be more military but you have to look deeper. This hasn't been thought out. I know it as message bill for you all and a free bill for a lot of you and the program bill. I know the governor is going to veto it. I want you to consider what you are doing here and whether this is a really a good idea and something we out to make the policy of the commonwealth of Virginia. I would hope that you would vote no on this bill. Thank you, Mr. Speaker.
Bill Howell
The gentleman from Culpeper, Mr. Frates.
[Unknown]
Speaking to the bill.
Bill Howell
The gentleman has the floor.
[Unknown]
Part of the problem with some of the gentleman's comments is the fact that, you know, we have this tendency or I should say certain people sometimes certain members of certain political entities have this tendency to treat all veterans especially combat veterans as if they are ticking time bomb and victims of war and as a result they have to be watched much closer than anybody else in society. The bottom line is that while we have been at war for over 15 years now veterans do an excellent job of getting out of the military and coming back into civilian life and reincorporating themselves back into their families and back into their jobset cetera. And if the whole idea of wanting people to carry concealed is we want people to carry concealed who have gone through appropriate training. The vast majority of the military and I recognize some go through weapons identification, not to mention at the heart is these were men and women who got training who went overseas especially over last close to two decades now that we were going to put in harm's way and trust them and not just with the strong weapons but with the big scary weapons. We trusted them with those but now when they get back home that is when we want to view them with skepticism. You are a potential ticking time bomb. The amendment prevents you from carrying a weapon in the military if you are found guilty of domestic violence. So this whole idea that all of a sudden we are opening something up to where any sort of veteran or active duty military member who has been acuetod or has been convict of other things is now going to be able to carry a concealed simply because the military I .D. Card isn't true and in the meantime, once again, I am watching someone treat members of the military especially those overseas like we have to watch these guys with additional scrutiny, they can't be trusted.
[Unknown]
They are not saying that.
[Unknown]
I don't appreciate that. At the end of the day they went through more than most people have ever done in order to prove that they know how to handle a weapon and went through the training to prove they can be trusted with it. Again, if we send them overseas to defend all of our rights to get a concealed carry permit I think they also prove they are trustworthy that respect as if they have gone through and well. Been convicted of something additional, great, treat it like that then. Not that you are worried they might commit suicide. If they have done something they have been guilty of, fine, treat them that way but let's not identify them as that makes them an additional threat or concern. I will think they have gone through the training and demonstrated a desire to protect others and I think that this bill is perfectly appropriate and admires their service. Thank you, Mr. Speaker. [applause]
Bill Howell
The gentleman from Prince William, Mr. Lingamfelter.
Scott Lingamfelter
Thank you, Mr. Speaker. Briefly. Ladies and gentlemen of the House, the gentleman said this bill wasn't thought through. Let me tell you what was thought through. That was thought through was the oath that these service people took to preserve and protect and defend the constitution of the united states from all enemies foreign and domestic. Let me tell you what was thought through, the oath that they said that they would follow orders, that they would go into combat for this nation, that this he would protect our national interest. Let me tell you what was thought through. When they took that oath and that obligation, they were ready to leave their families, and maybe never come home. Let me tell you what was thought through. They understood that they might have to walk away from their jobs like many national guard members of this commonwealth are right now serving in iraq. Has been thought through, folks. This is a good bill. And if you respect the military and you trust them and you understand what they are ready to do for you, you will vote yes on this bill. Thank you, Mr. Speaker.
Bill Howell
Shall the bill pass? The clerk will close the roll.
Scott Lingamfelter
Ayes 67, nos 32. Ayes 67, nos 32. The bill is passed.
[Unknown]
Senate bill 1418, Senate bill 1548 and 1569 all taken by for the day. Next up, Senate bill third reading regular. Senate bill 1585 on Page 19. It is a bill to amend and reenact a section of the code of Virginia relating to form of ballot party identification of candidates. Bill reported from the committee on privileges and elections and Mr. Speaker Mr. Also is a floor amendment.
Bill Howell
The gentleman from Prince William, Mr. Cole.
Mark Cole
Thank you, Mr. Speaker.
[Unknown]
I know exactly where you are from.
Mark Cole
Senate bill 1585 simply applies a consistent standard for party identification on the ballot currently as you know if you are running for state elected office and the general assembly and you are a party nominee that is indicated on the ballot. That is not true for local candidates. This would make that consistent. I think it is a transparency and provide information for the voter. It does not force anyone to run as a partisan. You know, the candidates are still able to run as independents and nonpartisans and I ask that the floor amendment be reported.
[Unknown]
Thank you, the clerk will report the floor amendment.
[Unknown]
The floor amendment offered by Delegate Minchew on line 14, after the stricken through word each. After the stricken through word each, strike the word each and insert the phrase except for the provisions of a local charter or ordinance provide to the contrary, each.
Bill Howell
The gentleman from Loudoun, Mr. Minchew.
Randy Minchew
Thank you, Mr. Speaker. Those who were here last year when Senator Suetterlein presented a bill you will recall that I presented the identical floor amendment. What this does, Mr. Speaker and members of the body is basically provide an exempt axe whereion a locality. My hometown leesburg is one of those and probably others in the commonwealth and that is all the floor amendment does, Mr. Speaker.
Bill Howell
The gentlemen on the familiar offered by the gentleman from Loudoun, Mr. Minchew. As many as favor that motion sa. The floor amendment is agreed to. Shall the bill pass? The clerk will close the roll. Ayes 46, nos 54. >> Ayes 46, nos 54. The bill fails to pass.
Randy Minchew
Turning to Page 20 third reading regular. Senate bill 1234 a bill to amend and reenact two sections of the code relating to public institution is of higher education transferable credits. The bill is reported from the committee on education with a substitute.
Bill Howell
The gentleman from Augusta, Mr. Landes.
Steve Landes
Thank you, Mr. Speakier, first I would like to move the commit key on education substitute for Senate bill 1234.
[Unknown]
The question is son adoption of the committee substitute. As many as favor that motion sa. The substitute is agreed to. Get from Augusta .
Steve Landes
Thank you, Mr. Speaker. Mr. Speaker and ladies and gentlemen of the House, Senate bill 1234 requires shev in consultation with each public institution of higher education a four year institution to develop a passport credit program that will be offered as -- at each associate degree-granting public institution of higher education. You could pass for a credit course will satisfy lower division general education requirement at any of the institutions of public education, higher education. The bill also requires that the council develop a program by July 1 of 2020 and each associate degree granting public institution of higher education to offer the program by the 2020-2021 academic year. Mr. Speaker, I move the passage of the bill.
Bill Howell
Shall the bill pass? The clerk will close the roll.
[Unknown]
Ayes 100, nos 1.
[Unknown]
Ayes 100, nos 0. The bill is passed.
[Unknown]
Senate bill 1359 taken by for the day. Next up, Senate bill 1376, a bill to amend and reenact a section of the code of Virginia relating to public institutions of higher education public notice much proposed tuition increases. Rotted from thethe coates on committee oneducation with amen.
Bill Howell
The gentleman from Loudoun, Mr. Greason.
Tag Greason
Senate bill 1376 says there has to be 30 days' notice before a college university can make a tuition change. There was some amendments that cleaned the bill up just a little bit and I move that the bill pass.
Bill Howell
The question is on adoption of the committee amendments to clean the bill up a little bit. As many as favor that motion sa. The committee amendments are agreed to. Shall the bill some what cleaned up pass? [laughter]
Tag Greason
The clerk will close the roll.
[Unknown]
Ayes 99, nos 0.
[Unknown]
Ayes 99, nos 0. The bill is pass the.
[Unknown]
Page 21, Senate bill 1430 a bill to amend and reenact a section of the code of Virginia relating to public institutions of higher education student mental health post crisis service is. Reported from the committee on education with a substitute.
[Unknown]
First I would lake to move
[Unknown]
Mr. Landes. The committee substitute for Senate bill 1430.
Bill Howell
The question is on adoption of the committee substitute. As many as favor that motion sa. The substitute is agreed to. The gentleman from Augusta .
[Unknown]
Thank you, Mr. Speaker. Mr. Speaker and ladies and gentlemen of the House, Senate bill 1430 requires that the governing board of each of our our -- affected students have access to reasonable medical and bemaveoral health services including prevention services. The bill defines post prevention services as services dae signed to facilitate the grieve or adjustment process and stabilize the environment and reduce the risk of negative behaviors and prevent suicides. Mr. Speaker, most of our institutions already are accomplishing this, so I would ask that the House pass the bill.
Bill Howell
Shall the bill pass? The clerk will close the roll. Ayes 100, nos 0. >> Ayes 100, nos 0. The bill is passed.
[Unknown]
Senate bill 806, a bill to amend and reenact --
[Unknown]
Mr. Speaker.
Bill Howell
The gentleman from Colonial Heights .
[Unknown]
I rise for a motion.
Bill Howell
The gentleman has the floor.
[Unknown]
I would move the House stand in recess until 1:15.
Bill Howell
The gentleman from Colonial Heights moves that the House stand in recess until 1:15. As many as favor that motion sa. The motion is agreed to. The House will stand in recess
[Unknown]
The House republican caucus until 1:15. Will meet immediately in House room one and the democratic caucus meet upon the recess in House room 2. [the House is in recess until 1:15 p.M.] funds to where there was the greatest need rather than the politicians of who happened to be in the right place at the right time to exert some leverage and force. The work that was done based on the recommendations it's elements were so solid that this secretary of transportation with his cpa background looked at it and said you know, we can make it a lot easier to understand but we can't come up with a better way of weighting the factors of where our funding needs toe go to where the greatest need -- to go to where the greatest need is both for actual construction dollars but also for the economy of this commonwealth. In 1985, however, someone who came up short on that change was the then speaker from Martinsville. And was not all that happy about the fact of losing a lot of funding that had been coming that way. And so, when we had more money in 1986, that was one of those things that was just sort of a given tradeoff to the then speaker and that was the funding of route 58. And that is how it has progressed over the years. So with that commitment of general fund money, $40 million every year, we have made that kind of investment but it has also been bonded, which is an important part as we consider this particular bill. One of our concerns also has been in the last several years, about how our stature as the best place to do business has dropped and dropped and dropped and if you look at the components of what makes up our ranking of how to do business it still is heavily weighted by the fact that we have major transportation needs in this commonwealth that are not being met and that are in the way of doing business. Not speculative, but in the way of doing business along our urban corridor so that we have that as being a negative factor of why you would come to Virginia with all of the jobs. Now, what is the jobs in the urban corridor have to do with I -73 corridor? One of our greatest challenges as members of this body representing the commonwealth and our 100th, a portion of that commonwealth in our district is that we have one of the greatest spreads between wealth and poverty of any state in the union. We are in about the top five or six. And with that challenge we constantly in everything we do face that problem of how do we make sure that all of our citizenry are well served? And one of the major ways we do it is through funding our educational program and that is the general fund and that is the economy that we have got to keep going where we have the greatest draw for the highest paying jobs possible but share that money, make sure that everyone in this state benefits from a good solid k-12 program funded by the state, funned by those resources that -- funded by those resources that have to be supported by an effective transportation network with whether it is our ports or the heavy congestion we see up in the northern part of our commonwealth. Having said all of that, the bill that we have before us goes directly counter to the hard work that has gone on not just since 2013 but which set the table for 2013 that we finally were going to do away with politics and make good business decisions on how we make major investment of our resources in transportation. This bill before us today is absolutely counter to all of that. Undercuts what we have attempted it is highly speculative. To do. The bonding of the money that has come from the recordation tax is tied for years and years in the future, none of this will happen for at least 15 years, maybe 20 years. And to make a decision today to continue to commit $40 million every year of general funds to this particular project at this -- and what we are going to do 20 years from now just is not a good business decision. It does not serve our commonwealth well, it does not serve the citizens of our commonwealth well. This is -- even though it has a reenactment clause on it, I sincerely hope by today's vote it does not go forward. Thank you.
Bill Howell
The gentleman from Fairfax, Mr. Hugo.
Tim Hugo
Mr. Speaker, speak to the measure.
Bill Howell
The gentleman has the floor.
Tim Hugo
Mr. Speaker, we all represent our areas and we tray to do the best we can. We are all from various places. But on our cards it all says we are Virginia Delegate and we all talk about come down here and talk about helping areas of the state that are more depressed, that are struggling. And yet we often fail to do it. To follow through on it. Here is a bill that will can help the I -73 corridor, south side, without costing any of us a nickel. In northern Virginia the suburban areas. It truly is aspirational in purpose. It will allow them basically encourage the localities to set up various regional entities to try to spur economic development. Again, without taking one nickel trillion any one of us that are here today. The Delegate from Fairfax talks about this 20 years down the road. It is 20 years down the road, some of the decisions. But the decisions that can be made now to help south side and Martinsville and areas on the 73 corridor, we can start that tad. Rarely are there win-win votes. This truely is a win-win vote because it helps the areas of the state that are depressed and hurting and struggling and that we so often try to help from our positions in various ports of the state but it is a win-win vote because it doesn't cost you a dime. Whether you are Fairfax or Prince William or beach Delegate it is a win. But when we sit back and we know we are all Virginia delegates this is a winner for the state. I hope you will vote for this.
Bill Howell
The gentleman from Salem, Mr .
[Unknown]
Mr. Speaker, speaking to the bill briefly.
Bill Howell
The gentleman has the floor.
[Unknown]
I didn't intend to speak to it but I did want to point out a couple of things. The general assembly many years ago in what I 'm sure was a very political process as a Delegate from Fairfax pointed out decided to invest in the route 58 project which has become important to south side. This general assembly in 2013 raeity rated the support for that concept by including this in the 2313 legislation. This is actually the 13th enactment clause in the bill where we restated our commitment to investing in that particular project because of the importance of that project. The only thing that this bill before us does is it says we already made a commitment to invest in the transportation infrastructure in this region via route 58. When those bonds are finally paid off decades from now we will continue that investment by investing in route 73. The reason we need this and the reason this is different is because route 73 -- ex-cause me, interstate 73 goes from about the canadian border to myrtle beach. We have an I -73 compact we are a part of and numerous states building out their portion of I -73,.
[Unknown]
The new democratic governor of west Virginia just announced their commitment to I -73. North carolina is building up towards Virginia on I -73 and all are looking at Virginia to say you don't have to commit money today to this project, but we have to know that the folks at the state level are going to take this project seriously because other states are making makingdecisions on this. Because the bill can't take effect for decades because the bonds have to be fully paid off and because there is a reenactment clause you are literally doing nothing today other than sending the message to our neighbors and to the feds that this is a project we would like to see advanced. So if you don't think connecting south carolina all the way up to the canadian border coming through Virginia and bringing all of those transportation dollars and all of that investment through Virginia then you should vote against it. If you don't think we want 73 to go through Virginia and those trucks and investment and everything coming through Virginia paying our gas taxes and staying in our hotels then you would want to vote against this bill. If you want to send a message to our partners that takes no commitment from us today but shows that we take this project seriously it seems like an easy yes vote. To the extent anybody was concerned once this went into the code it would be impossible to get out even though we are spending the money for 30 year -- not spending the money for 30 years the reenactment clause took care of that. It is about us sending a signal to the transportation partners around us that we want to work with them going forward. So I hope that we will send bill forward. I certainly hope the governor will sign this bill and I hope we will send that important message to our region.
Bill Howell
The gentleman from Charlottesville, Mr. Toscano.
David Toscano
Parliamentary inquiry.
[Unknown]
Yes, sir.
David Toscano
Unless I 'm mistaken I thought there was an amendment on the system in dae pendent of the re--independent of the reenactment clause. Pardon? It's been withdrawn. Thank you.
Rob Bell
Shall the bill pass? The clerk will close the roll.
Rob Bell
Ayes 67, nos 32.
Rob Bell
Ayes 67, nos 32. The bill is passed.
Terry Kilgore
Turning to Page 22. Page 22. Senate bill third reading regular. Next up is Senate bill 865, a bill to amend and reenact a section of the code relating to probib hit, against furnishing dirk, switchblade knife or bowie knife to minor exemption. The bill is reported to the committee for court is of justin Fairfax tittel.
Terry Kilgore
The gentleman from albermarle, Mr. Bell.
[Unknown]
This would eliminate the prohibition under certain circumstances. Reported out of committee 129 and I would move its passage.
Bill Howell
The gentlewoman from Fairfax, Ms. Murphy.
[Unknown]
Thank you, Mr. Speaker. I have a question for the gentleman.
[Unknown]
Will the gentleman yield?
[Unknown]
I yield. I'm trying to pull it up to answer a question but if she will speak slowly I 'm sure I can find it. Go ahead.
[Unknown]
I will speak very slowly. With almost any sport that my kids have had to engage in I had to sign some kind of consent form saying that I acknowledge, you know, responsibility if they are hurt or if they hurt someone else. Is this kind of consent form required for this particular kind of sport?
[Unknown]
I would answer the gentlelady no.
[Unknown]
May I ask another question, Mr. Speaker?
[Unknown]
Goes the gentleman yield?
[Unknown]
I yield.
[Unknown]
The gentleman yields.
[Unknown]
When someone has a weapon lake this and it is improper -- like this and it is improperly used if there is no consent from the parent and bodily harm occurs, then is the child responsible or the person who is not a family member are they responsible? Or, is the parent responsible? It there some definition for that?
[Unknown]
The gentle lady is asking a question about the civil law which we have a different subcommittee chair. This does not change the rules for civil engagement liability issues or anything like that.
[Unknown]
Thank you, Mr. Speaker.
Bill Howell
The gentleman from Spotsylvania, Mr. Cole.
Mark Cole
I was wondering if the gentleman from albermarle might yield for a question.
[Unknown]
Does the gentleman yield?
Mark Cole
I yield.
[Unknown]
The gentleman yields.
Greg Habeeb
I understand the intent of the legislation is to correct something in code where if I 'm out hunting with my minor child if I 'm using a gun, it's okay for me to give them a gun to use to hunt. However, the way the code is rate now, if I were to give them a bowie knife or hunting knife to assist in the practice that we are engaged in, that would be a violation of current law is, that not correct?
[Unknown]
There is what he is describing with the knife is exactly right. The law reads that you cannot transfer a bowie knife to a minor whether your child or otherwise. I would say that most of us were surprised to read since it is right next to the gun code section but that is what it
[Unknown]
Thank you. Says.
Bob Marshall
Shall the bill pass? The clerk will close the roll.
Bob Marshall
Ayes 59, nos 40.
Bob Marshall
Ayes 59, nos 140. 40.The bill is passed.
[Unknown]
Senate bill 928, a bill to amend and reenact one section of the code of Virginia relating to substitute judges. Reported from thethe committee for courts of justice.
Bill Howell
The gentleman from Salem, Mr .
[Unknown]
Mr. Speaker, members of the body, Senate bill 928 removes a prohibition against substitute judges seeking courts where they regularly practice and clarifies when a judge can appoint from a different district. Move passage of the bill.
Bill Howell
Shall the bill pass? The clerk will close the roll.
[Unknown]
Ayes 93, nos 7.
[Unknown]
Ayes 93, nos 7. The bill is passed.
[Unknown]
Senate bill 936, a bill to amend and reenact a section of the code relating to constitutional officers local leave benefits reported from the the committee of counties cities and towns and subsequently reported from the committee on appropriations.
Bill Howell
The gentleman from Virginia beach Mr. Tollly.
Bob Marshall
Allow -- Mr. Stolle.
Bob Marshall
It includes the constitutional officers employees unthe locality's personal leave policy. Mr. Speaker, I move the bill pass.
Bob Marshall
Shall the bill pass? The clerk will close the roll.
[Unknown]
Ayes 99, nos 1.
[Unknown]
Ayes 99, nos 1. The bill is passed.
[Unknown]
Turning to Page 23. Senate bill 1068, a bill to amend and reenact a section of the code relating to the defrauding certain entities penalties. Bill reported from the committee for courts of justice with amendment.
[Unknown]
The moi move the amendment.
Bill Howell
The question is on adoption of the committee amendment. As many as favor that motion sa. The amendment is agreed to. The gentleman from albermarle.
[Unknown]
This would make it a misdemeanor for any person who with the intent to cheat or defraud the owner or keeper to use a ski lift without a valid lift pass or ticket. I hope it would be the pleasure of the House to pass the substitute.
[Unknown]
Mr. Kilgore.
[Unknown]
We are making it a class one misdemeanor a fine of up to $2,500 and jail without getting on a ski lift without paying. That is why I voted no. That is a little harsh.
[Unknown]
Say getting on a what without paying?
[Unknown]
A ski lift. Ski lift. [laughter]
Bill Howell
The gentleman from albermarle, Mr. Bell.
[Unknown]
Mr. Chair, just so everybody is clear and, of course, you can do what you are going to do. This language does say without paying and perhaps more importantly with the intent to cheat or defraud. We did take questions about what if you got last year's ski pass or just got on. Something is intending to cheat or defraud the owner. We thought it would be important to be subject to the same penalties of fraud as anybody else.
Bill Howell
Thank you. Shall the bill pass? The clerk will close the roll. >> Ayes 20, nos 80. >> Ayes 20, nos 80. The bill fails to pass.
Bill Howell
House will come to order. Senate bill 1210 a bill to amend and reenact relating to civil action for unlawful creation of image of another. Reported from the courts of justice with a substitute.
Bill Howell
The gentleman from Salem .
[Unknown]
I'm a little concerned about deathing up at there moment. Moment.Laugh -- about getting up at this moment. I would move adoption of the committee substitute.
Bill Howell
The question is on adoption of the committee substitute. As many as favor that motion sa. The substitute is agreed to. The gentleman from Salem .
[Unknown]
Mr. Speaker and members let me be clear s.B. 1210 does not create any new criminal cause of we already did that a couple of action. Years ago, Delegate Bell from albermarle did that and made it a crime to unlawfully take pictures of somebody in various states of undress or maliciously share them. Part of this is the revenge porn bill and gets at the scenario where someone taking pictures through a peephole or things. This creates a civil cause of action when someone commits the crime. I would move passage of the bill.
[Unknown]
Mr. Marshall.
Bill Howell
Mr. Speaker, would the gentleman from Salem yield for a yes?
[Unknown]
Would the gentleman yield?
[Unknown]
I will.
[Unknown]
The gentleman yields.
[Unknown]
I haven't memorized the section of the code 18.2-3. Is this solely limited to taking a picture or artistic creation or somebody using photo shop and making a picture of a desessioned person.
[Unknown]
Yale not the expert on the .2 sections year because the creation went through the criminal court section. I know that Delegate Bell 's bill a couple of years ago was someone who knowingly intentionally created a video or still image of a nonconsenting individual and describes various states of undress and also has the scenario where you acquire a picture legally, this is the revenge porn scenario where someone provides a picture of themself to somebody and then you maliciously distribute that with an intent to injure them. We already created the criminal cause of action. The only thing this dose is creates an attorney's fees remedy and creates the statute of limitations for the civil cause of action arising out of the criminal sections we already passed.
Bill Howell
Would the gentleman from albermarle take the floor to answer a question?
[Unknown]
Will the gentleman yield?
[Unknown]
The gentleman yields.
[Unknown]
I yield.
[Unknown]
I am just traying to find out if this -- trying to find out if it deals with somebody who makes an image of an individual who is not alive or from 100 years ago or whatever and then a descendant says I have been injured or is this only video or digital images or the like that the damage would come to?
[Unknown]
I would tell the gentleman I don't feel comfortable making a legal analysis here on the fly. I would be happy to talk with him at any time. I don't want to try to give legal advice on the floor with the gentleman said.
[Unknown]
Could this go by for the day, Mr. Speaker?
Bill Howell
The gentleman from Salem, Mr ?
[Unknown]
I was just going to speak to the bill which I don't know if it will obviate the need to go by for the day but I was going to read the code sections if speaking to the bill. That would be okay.
Bill Howell
The gentleman has the floor.
Alfonso Lopez
The bill incorporates two criminal sec ships that we already created and which passed unanimously. The first code section and I would direct my comments to the Delegate from prince yale william. Onlawful creation of image of another which made it a crime to riate any video graphic or still image by any means whatsoever of a nonconsenting person if that person was totally nude clad in undergarments in a state of undress on and on from there. It specifically addressed the peeping scenario. It also what the bill did in 2014, added a section that said if you with the intent to coerce harass intimidate, maliciously disseminate or sell a video or image created by any means whatsoever the issue there is if two people are dating and one person shares a picture with their partner and their partner actually before this statute had the legal right to do whatever they wanted with it because they had a license to it. So we created the criminal section that said if you share that if you post that, if you circulate that to injure somebody you could be criminally liable. I think the questions that the gentleman is asking are the questions that were relevant in 2014 when we did the substance. The only thing this bill is doing is saying if you commit a crime under Virginia law and injure somebody on violation of statutes that we did three years ago, this he can also sue you civilly. I would hope that we would just advance this bill. I'm not aware of anybody that opposes protecting the individuals civilly who have been violated in this way and I hope that we pass the bill.
[Unknown]
Shall the bill pass?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 99, nos 0.
[Unknown]
Ayes 99, nos 100. The bill is passed.
[Unknown]
You said 1 objection. 100.
[Unknown]
Turning to Page 24. Senate bill 1253 a bill to amend and reenact a section of the code relating to voter identification photograph contained in electronic poll book. Reported from the committee on privileges and elections and subsequently reported from the committee on appropriations.
Bill Howell
The gentleman from Spotsylvania, Mr. Cole.
Mark Cole
Thank you, Mr. Speaker. Senate bill 1253 would take the photographs from the dmv database and transfer them to electronic poll books if a locality is using electronic poll books. This would aid in voter I .D. And May if this becomes widespread in the future May actually enable us to modify some of our photo I .D. Laws regarding voting. I would hope that it will be the will of the body to pass the bill.
Bill Howell
Shall the bill pass? The clerk will close the roll.
Mark Cole
Ayes 65, nos 34.
Lee Ware
Ayes 65, nos 34. The bill is passed.
[Unknown]
Senate bill 1257. A bill to amend and reenact sections of the code relating to two way video testimony, forensic analysis. Reported from the committee for courts of the justice.
[Unknown]
This would allow for temperature provided in a preliminary sentencing hearing or other hearing to be provided by two-way video conference. It does not include trials themselves. For all of the other hearings it would make it easier for people in court to present the evidence. Hope it would be the pleasure of the House to pass the bill.
Bill Howell
Shall the bill pass? The clerk will close the roll.
[Unknown]
Ayes 98, nos 2.
[Unknown]
Ayes 98, nos 2. The bill is passed.
[Unknown]
Senate bill 1285. A bill to amend and reenact various sections of the code of Virginia relating to restitution. Reported from the committee for of justice with a substitute.
Bill Howell
The gentleman from albermarle, Mr. Bell.
[Unknown]
I have a floor substitute and a committee substitute.
Terry Kilgore
First we have to get rid of the committee substitute. Vote on the committee substitute and if that is rejected then we can vote on the floor substitute.
[Unknown]
We don't have a floor substitute.
[Unknown]
We're on Senate bill 1285.
[Unknown]
Could this go by temporarily. I must have lost my place. Could we come back to that. I'm sorry.
Bill Howell
Without objection, by temporarily.
[Unknown]
Senate
[Unknown]
1437. Relating to carrying a switchblade knife exception. Reported from the committee of courts of justice with amendment.
Bill Howell
The gentleman from albermarle, Mr. Bell.
[Unknown]
The move the committee amendment.
Bill Howell
The question is on adoption of the committee amendment as many as favor that motion say aye, those opposed no. The amendment is agreed to. The gentleman from albermarle.
Mark Cole
With the amendment this conforms toss House bill 1432 adding lawful before recreational activity. Delegate Ware 's bill was previously taken up by the body and passed 57-39 and passed the Senate but was unfortunately vetoed by the governor. If we wish to do what we did with Delegate Ware 's bill I would ask that we pass the bill. Thank you.
Mark Cole
The gentleman from Arlington .
Mark Cole
Speaking to the amendment.
Mark Cole
The gentleman has the floor.
Mark Cole
Thank you, Mr. Speaker.
[Unknown]
It has been said that the knives are required by trades tradesmen who need a knife thate opened with one hand. Stan can be deployed with a thumb or used for any cutting activity likely needed by a trades men. Most switchblade knives are desteined for stabbing not cut and long thin and sharp and pointed on both edges. Not used by a trades. The bcbl supported on the grounds of personal intention which shows that the true intent is to allow them to be sold as weapons the function they were designed for. What lawful recreational activity requires a switchblade where a fixed blade or -- or one-handed opening knife with suffice? The issue is lines 14, 15 and 16. Why the word or. Why doesn't -- what does a recreational activity mean as in committee we talked about just walking down the street is a recreational activity and any person that means there is no age limitation on who can have this -- purchase these weapons. 16-year-old. 12-year-old. 7-year-old could still bye one how do we of these. Them out of schools? Why is there no age limitation? How do keep them out of the hands of kids? Out of the hands of gangs? Gangs thisseiates a lot -- this creates a lot more minefields than we intend. Please vote no.
[Unknown]
Speaking to the little.
[Unknown]
Just to respond quickly. We already make exceptions for law enforcement and firefighters and ems. The switchblade knife that we think about it the switchblade in 12 angry men and certain musical. That is not necessarily what this is. I had they also make a life that comes out sideways that is quote unquote spring assisted. So you push a button. The blade comes out partially so that you can finish getting it out with you urban corridor you. That is considered a switchblade knife. The two-bladed stiletto looking push the button and the the blade comes straight out is not what we are talking about here. I want to make sure that everyone is aware that we have exceptions for law enforcement and ems and this is not exactly what we think it is.
Bill Howell
The House will come to order. The gentleman from Powhatan .
[Unknown]
Speak together bill.
Bill Howell
The gentleman has the floor.
Bill Howell
This is the same as the bill from the gentleman from albermarle. It is still against the law for children to purchase. It is in the code. Secondly, talking about true intent. I know we sometimes think we are mind readers here. [please stand by]
[Unknown]
Mr. Kilgore? >> Mr. Speaker, ladies and gentlemen of the House, this is now like my House bill 1941, which passed this House and it includes -- this includes the matters of public concern marketplace, so the Senate removed that from House bill 1941 is, we sent that back into conference. I ask that we pass this to go into conference. It concerns matters of the marketplace. Those matters are like websites where people can go on and say things about a restaurant, or a hotel, things like that. So hope it be the pleasure of the House to pass the bill and get it into conference. >>, the -- shall the bill pass. Question on adoption of the committee substitute. As many as favor that motion say aye. Opposed no. Substitute agreed to. Shall the bill pass.
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 77, no's 20.
Lee Ware
The bill is passed.
Lee Ware
Turning to Page 26, continuing Senate bills third reading. Senate bill 1581, a bill to amend the code of Virginia relating to voter registration. Verification of social security numbers. Report to committee on elections, subsequently reported from committee on approach rations.
Bill Howell
Gentleman from Spotsylvania, Mr. Cole.
Mark Cole
Thank you, Mrs. -- Mr. Speaker. Senate bill 1581 requires registrars, when he they receive a voter registration application to verify the name, date of birth and social security number of the applicant before processing the application. Hope it be the will of the body to pass the bill.
Bill Howell
Gentleman from Fairfax, miss Watts .
Vivian Watts
Thank you, Mr. Speaker. Speaking to the bill. Very briefly. I promise. I don't know what this bill is going to achieve, and I passed the following information to you, in trying to help with a serious constituent problem, I came to the understanding that social security does not purge duplicate social security numbers, as long as there is a different age and a different name. You May have john doe, age 37, with the same social security number as john Watkins, with aig 24 -- age 24, in my case, it was three people had the same social security number, and social security does not purge those numbers. Therefore, I do not know what we are trying to achieve with this bill, except more work with a nine-digit number. Having that number known by that many more people. Hope it be the pleasure of the body to defeat this bill.
Bill Howell
Shall the bill pass. The clerk will close the roll.
Vivian Watts
Ayes 65, no's 34.
[Unknown]
Ayes 65, no's 34, the bill is passed.
[Unknown]
Mr. Speaker, going back to several bills that have been regular calendar, Page 2 of today's printed calendar, Page 2, Senate bill 1117, it is a bill to amend and reen act one section of the code related to school counselors licensure. The bill was report from committee on education.
[Unknown]
Mr. Landes?
[Unknown]
Thank you, Mr. Speaker. Ladies and gentlemen of the House, Senate bill 1117 requires every person seeking an initial licensure for renewal of a license with an endorsement as a school counselor to complete training in the recognition of mental health disorder and behavioral stress -- distress, including depression, trauma, violence, youth suicide and substance abuse. Mr. Speaker, move the passage of the bill.
Bill Howell
Shall the bill pass. The clerk will close the roll.
[Unknown]
Ayes 98, no's 2.
[Unknown]
Ayes 98, no's 2, the bill is passed.
[Unknown]
Turning to Page 8, today's calendar, printed version, next up is Senate bill 1063. A bill to amend the code of Virginia relating to the state board of kregs -- corrections, membership. Report militia and police, subsequent report from committee on appropriations, with a substitute.
Bill Howell
The gentleman from Suffolk, Mr. Jones.
Chris Jones
Mr. Speaker, I believe there is a floor substitute and a committee substitute, so to put it in the proper posture, I would move to reject the committee substitute.
Bill Howell
Question is on adoption of the committee substitute, as many as favor that motion say aye. Opposed no. Committee substitute is rejected. Question now is on the floor substitute. Offered by the gentleman from self observing -- Suffolk, Mr. Jones. Shall the floor substitute be agreed to. As many as favor that say aye. Opposed no. The floor substitute is agreed to. Gentleman from Suffolk .
[Unknown]
Explaining those few actions, the committee substitute after further review with our parliament arian of the House, Delegate Orrock, we needed to put a new substitute on the floor that would actually speak to membership only. When this bill was first introduced in the Senate, it spoke to the membership of the board of corrections, and also investigations, death investigations in jails. When the bill came over from the Senate, it just dealt with the membership of the board of corrections, the substitute we just passed would not add any additional members to the board, with the bill that was before the Senate, but would actually on lines 24 and 25, change the membership from two individuals with experience in conducting criminal or civil death investigations to include the state inspector general, and one other individual, with experience in conducting criminal, civil or death investigations. So I would ask that we would pass the bill.
Bill Howell
Gentleman from Powhatan, Mr. Ware.
Lee Ware
Would the gentleman from Suffolk yield for a question?
[Unknown]
Would the gentleman yield?
Lee Ware
I yield.
[Unknown]
Gentleman yields.
[Unknown]
I just want to clarify, this is strictly dealing with the membership of this board, not its powers, would that be correct?
[Unknown]
This floor amendment, that is correct, would be straightforward with the gentleman that the idea is to get this no conference so we could -- into conference so we could deal with the former issue as well.
[Unknown]
I thank the gentleman.
Bill Howell
Shall the bill pass. The clerk will close the roll.
[Unknown]
Ayes 99, no's zero.
[Unknown]
Ayes 99, no's zero, bill is passed.
Rob Bell
Turning to paige 9 -- Page 9 printed calendar, bill before, Senate bill 1172, a bill to amend and reenact a section of the code of Virginia relating fair enforcement inspectors, reported from courts of justice.
Rob Bell
Gentleman from albamarle, Mr. Bell.
[Unknown]
Mr. Chair, excuse me, 1172 by Senator Dance is identical to House bill 1931 from Delegate Carr that passed both houses and has been approved by the governor. I would ask we pass the bill.
Bill Howell
Shall the bill pass. The clerk will close the roll.
[Unknown]
Ayes 93, no's 6.
[Unknown]
Ayes 93, no's 6. The bill is passed.
[Unknown]
Turning to paige 10 -- Page 10 of the printed calendar, next up is Senate bill 1284. A bill to amend an reenact sections of the code relating to restitution enforcement, non-compliance, et cetera. Reported from courts of justice with a substitute. Mr. Speaker, there is a floor substitute as well.
Bill Howell
Gentleman from albamarle,
[Unknown]
Mr. Speaker, this is the Mr. Bell. Bill that has the floor. I ask we reject the committee substitute.
Bill Howell
Question is on adoption of the committee substitute, as many as favor that motion say aye, opposed no. The committee substitute is rejected. Gentleman from albamarle.
[Unknown]
Now I would ask that we accept the floor substitute.
[Unknown]
Question is on adoption --
[Unknown]
Mr. Speaker?
Bill Howell
Gentleman from Charlottesville, Mr. Toscano.
David Toscano
Mr. Speaker, will the gentleman yield?
[Unknown]
Yes, sir. Happy to yield.
David Toscano
I ask the gentleman, since we are ready to vote on the floor substitute, might be different than what the original bill did. Could the gentleman explain what the floor substitute does that is not in the original bill.
[Unknown]
Sure. So this should have been able to be done by line amendments, but because we were moving a section, we had to do a this actually conforms it to substitute. What the House already did, makes it consistent with what came out of the crime commission, this and when my bill comes back from the Senate, only difference is, the crime xhis had said you shouldn't -- commission said you shouldn't be able to fine someone who hasn't been paid restitution. Seems strange to have a fine on top of a lack of restitution, punishment maybe, but not a fine. The House put that back in. I spoek to the people that thought that was important. They said they don't mind if it comes out. This will save us from a conference. The two bills will go forward with three technical amendments identical to what came out of the crime commission six weeks ago.
[Unknown]
Thank you. That's very helpful.
Bill Howell
Gentleman from albamarle.
[Unknown]
Mr. Speaker, I would ask that we accept the substitute. Now, I am being reminded, is there one vote, because there were some no votes. I was going to make sure -- okay. This is now identical to House bill 1855, with the exception that I just explained to the gentleman, the original version passed out of this body 91-6.
[Unknown]
Mr. Speaker, I stand correct. This bill, just trying to make sure I don't leave anybody stranded, passed unanimously. Thank you.
Bill Howell
I believe I was wrong, I don't think we have adopt the as many favor adoption of the substitute. Floor substitute say aye. Opposed no. Substitute agreed to. Shall the bill pass. The clerk will close the roll.
[Unknown]
Ayes 100, no's zero.
[Unknown]
Ayes 100, no's zero, bill is passed.
[Unknown]
Turning to Page 15 of the printed calendar, Page 15, bill before is Senate bill 1578, a bill to amend and reenact a section of the code of Virginia relating to the short-term rented al of property, from general laws and subsequent report from committee on appropriations.
Bill Howell
Gentleman from Suffolk, Mr. Jones.
Chris Jones
Mr. Speaker, ladies and gentlemen of the House, Senate bill 1578 is before the body with a substitute. Further defines bed and breakfast in certain two sections of the code, establishes at the end of the bill a creation of a registry for short had been -- short-term rental, defines what a short-term rental is, which is fewer than 30 consecutive days. Requires registration and allows for the locality, if they do establish this to charge a reasonable fee for such registration. It does exempt certain realtors, who involve with time share act, I believe, and it also on the last Page, you will note that it does allow a locality, if they wish, they May by ordinance include a penalty up to, not to exceed $500. It doesn't require that, not a shall, it is a May, and I would ask that the House would pass the bill.
Bill Howell
Shall the bill pass. The clerk will close the roll.
Chris Jones
Ayes 86, no's 14.
[Unknown]
Ayes 86, no's 14, the bill is passed.
[Unknown]
Mr. Speaker, turning to Page 24, for Senate bill 1285, on Page 24, printed calendar, been taking by temporarily. That is a bill to amend various sections of the code relating to restitution, supervised probation, report from courts of justice with a substitute.
Bill Howell
Gentleman from albamarle, Mr. Bell.
[Unknown]
Mr. Speaker, I move the committee substitute.
Bill Howell
Question is on adoption of the committee substitute, as many as many as favor that motion say aye. Opposed no. Substitute agreed to. Gentleman from albamarle.
[Unknown]
This conforms this bill now to House bill 1856, which is my bill involving restitution this is the bill that passed and related issues. This body the 1-6 -- 9 the 1-6. Those of you trying to stay consistent, there were 6 on the other side of the aisle that voted no. Hope it be the pleasure of the House to pass the substitute.
Bill Howell
Shall the bill pass. The clerk will close the roll.
[Unknown]
Ayes 78, no's 21.
[Unknown]
Ayes 78, no's 21, the bill is passed.
[Unknown]
Continuing with today's calendar, the next category on Page 26 of the printed version, next category, House bills with Senate amendments. House bills with Senate amendments, first bill before the body is House bill 1394. A bill to amend and reenact a section of the code of Virginia relating to the status of a franchisee and employees of the franchise bill passed the House January 19, subsequently passed the Senate with a substitute.
[Unknown]
Mr. Speaker?
Bill Howell
Gentleman from Charlottesville .
[Unknown]
Point of order.
Bill Howell
Gentleman has the floor.
[Unknown]
Mr. Speaker, when this bill was initially introduced, it essentially was a definitional bill. When it got over to the Senate, the Senate put on a substitute which included a whole different section, if you will notice on 40.10-2.2b, talks about with respect to a specific claim for relief under this title. So it talks about a claim for relief under this title, which would take in the entire title of 40.1. Mr. Speaker, I have 40.1, just the first chapter, and that is about 10 pajts long, and includes -- pages long, includes inspections, employment of immigrants, trafficking, all kind of notice provisions. Mr. Speaker, I think the Senate substitute goes way beyond the original intention of the bill, which has to do with defining of the franchisee status, and is therefore not germ an to -- germane to the original bill.
[Unknown]
Gentleman like to come up? [ laughter ]
[Unknown]
House will come to order. This is a very interesting question, the gentleman from Charlottesville has raised, and I 'm going to ask if the bill could go by for the day. Give me a little time to look into it a little deeper, if that's okay. So without objection, House bill 1394, by for the day. >> Continuing with House bills Senate amendments, next up, House bill 1855, a bill to amend and reenact a section of the code relating to restitution, non-compliance, et cetera. Bill passed the House February 2nd, subsequently passed Senate with a substitute.
[Unknown]
The gentleman before albamarle, Mr. Bell.
[Unknown]
Mr. Speaker, move the committee substitute.
[Unknown]
Excuse me, let me start over. I am having a hard day. Mr. Speaker, this has come back from the Senate. This is the second half of the restitution bill. This is the one that passed this body unanimously. Would I ask to accept the Senate substitute, thereby avoiding the conference and pass the bill.
Bill Howell
Shall the Senate substitute be accepted. The clerk will close the roll.
[Unknown]
Ayes 99, no's 1.
[Unknown]
The Senate substitute is accepted.
[Unknown]
Turning to Page 17 -- excuse me, 27 of the printed calendar, House bill 1530, a bill to amend and reenact a section of the code relating to the department of small business, supplier, diversity, certification of small women owned and minority owned business and employment service organizations, passed the House February 7, passed the Senate with an amendment before the body.
Bill Howell
The gentleman from Hanover, Mr. Peace.
Chris Peace
Ask that we reject the Senate amendment. It is in the book.
Bill Howell
Shall the Senate amendment be agreed to. The clerk will close the roll.
Chris Peace
Ayes zero, no's 97.
[Unknown]
The Senate amendment is not agreed to.
[Unknown]
House bill 1549. A bill to amend and amend and reenact a section of the code relating to community service boards and behavioral health authorities, services to be provided. Bill passed the House February 7, subsequently passed the Senate with a substitute before the body.
Bill Howell
Gentleman from Henrico, Mr. Farrell
Peter Farrell
Thank you. I move we reject the Senate substitute.
Bill Howell
Shall the Senate substitute be accepted. The clerk will close the roll.
Peter Farrell
Ayes zero, no's 98.
[Unknown]
Ayes zero, no's 98, Senate substitute is rejected.
[Unknown]
House bill 1555, a bill to amend and reenact sections of the code relating to agency, directors, human resources training and succession planning. Originally passed the House and subsequently passed the Senate with amendment which is before the body.
Bill Howell
Gentleman from Powhatan, Mr. Ware.
Lee Ware
Mr. Speaker, in a typical piece of legislative ledger did he main, the Senate has attached a clause. I move we reject the Senate amendment.
[Unknown]
Shall the Senate amendment be accepted. The clerk will close the roll.
Lee Ware
Ayes zero, no's 100.
[Unknown]
Ayes zero, no's 100. The Senate amendment is
Israel O'Quinn
Turning to paige 128 -- rejected. Page 28, House bill 1586, a bill to amend and reenact a section of the code relating to court ordered custody and visitation arrangements, transmission of order to child's school. Bill passed the House originally, subsequently passed the Senate with an amendment, with I is before the body.
Bill Howell
The gentleman from Smith, Mr. Campbell.
Jeff Campbell
Mr. Speaker, ladies and gentlemen of the House, the Senate amendment simply provides clarifying language regarding methodology of transmission of the Ward to hope it be the pleasure of the the school. House to accept the Senate amendment.
Kathy Byron
Shall the Senate amendment be accepted. The clerk will close the roll.
Jeff Campbell
Ayes 94, no's 6.
[Unknown]
Ayes 94, no's 6. The Senate amendments are accepted.
[Unknown]
Continuing on Page 28, printed calendar, House bill 1605, a bill to amend the code of Virginia, various places preelting to parental choice education savings accounts. Bill originally passed the House 27th, and subsequently passed the Senate with a substitute and amendment, which both of which are before the body.
Bill Howell
Gentleman from Loudoun, Mr. Larock.
Dave LaRock
Thank you, Mr. Speaker. The two amendments proposed both to narrow the eligibility for the education savings accounts and to add a reenactment clause to the bill, and I move that we accept those amendments.
Bill Howell
Shall the Senate amendments be accepted. The clerk will close the roll.
Dave LaRock
Aye -- ayes 50, no's 49. >> Ayes 50, no's 49, the Senate amendment is agreed to. [ laughter ]
John O'Bannon
Continuing on Page 29, House bills with Senate amendments, House bill 1663. A bill to amend the code of Virginia relating to the northern Virginia --
John O'Bannon
Mr. Speaker?
John O'Bannon
Mr. Toscano.
[Unknown]
Has that bill been put into the books yet?
[Unknown]
The one we just did?
[Unknown]
Yes.
[Unknown]
I don't believe so.
[Unknown]
Mr. Speaker, I noticed that a member was in their seat not voting. Is that under the rules, is that not --
[Unknown]
I announced the vote.
[Unknown]
Okay, thank you, Mr .
[Unknown]
Continuing with the calendar. Page 29, House bill 1663. A bill to amend the code of Virginia relating to northern Virginia community college, computer science training and professional development activities for public school teachers. Bill passed the House February 7, subsequently the Senate with a substitute which is before the body.
[Unknown]
Senator from Loudoun, speaker. Mr. Greason.
Tag Greason
Mr. Speaker, the Senate version of this bill is in conference. I would ask we reject the amendments, and put this one in the conference as well.
Bill Howell
Shall the Senate substitute be accepted. The clerk will close the roll.
Tag Greason
Ayes 1, no's 98.
[Unknown]
Ayes 1, no's 98, Senate amendment is rejected.
Bobby Orrock
House bill 1731, a bill to amend and reenact a section of the code relating to periodic review of exemptions from the administrative process act by the joint commission on administrative rules. Passed the House February 7, subsequently passed Senate with an amendment, which is before body.
Bobby Orrock
The gentleman from Westmoreland .
Bobby Orrock
I would ask that we reject the amendment.
Bill Howell
Shall the Senate amendment be accepted. The clerk will close the roll.
[Unknown]
Ayes 1, no's 95.
[Unknown]
Ayes 1, no's 95, the Senate amendment is rejected.
[Unknown]
Continuing with the calendar, Page 29, House bill 1845. A bill to amend and reenact a section of the code relating to the department of criminal justice services, model addiction recovery programs, jail. Bill originally passed the House February 7, subsequently passed the Senate with amendment which is before the body.
Bill Howell
Gentleman from Colonial Heights, Mr. Cox.
Kirk Cox
Thank you, Mr. Speaker. This unfortunately has the clause on it, so I am going to ask the House to reject the Senate amendment.
Bill Howell
Shall the Senate amendment be accepted. The clerk will close the roll.
Kirk Cox
Ayes zero, no's 99.
[Unknown]
Ayes zero, no's 99. The Senate amendment is
[Unknown]
Turning to Page 30 of the rejected. Printed calendar, continuing House bills Senate amendments, House bill 1974, a bill to require the department of environmental quality to receive approval from the general assembly for a state plan to regulate carbon dioxide emissions from existing stationary sources prior to submitting the state plan to the environmental protection agency for approval. Originally passed the House February 7, subsequently passed the Senate with amendment before the body.
Bill Howell
Gentleman from Washington, Mr. O'quinn.
Israel O'Quinn
The Senate attached the clause. I ask that we reject the Senate amendment.
[Unknown]
Shall the Senate amendment be accepted. The clerk will close the roll.
Israel O'Quinn
Ayes zero, no's 99.
[Unknown]
Ayes zero, no's 99, Senate amendment is rejected.
Scott Lingamfelter
How about 2101, a bill to amend and reenact a section of the code relating to healthcare providers, data collection. Reported from the House February 7, subsequently reported from the Senate with a substitute, which is before the body.
[Unknown]
I would ask to rescombrekt the Senate amendment.
Bill Howell
Shall the Senate substitute be accepted. The clerk will close the roll.
Steve Landes
Ayes zero, no's 99.
Steve Landes
Ayes zero, no's 99. The Senate substitute is rejected.
[Unknown]
House bill 2148. A bill to amend and reenact a section of the code relating to veterans services foundation, powers and duties, appointment of executive director, reports. Bill passed House January 30th, passed Senate with amendments before the body.
Bill Howell
Gentleman from Virginia beach, Mr. Knight.
Barry Knight
Mr. Speaker, I move the House accept the Senate amendments.
Bill Howell
Shall the Senate amendments be accepted. The clerk will close the roll.
Barry Knight
Ayes 100, no's zero.
[Unknown]
Ayes 100, no's zero, the amendments are accepted.
[Unknown]
House bill 2209, a bill to amend and reenact a section of the code relating to the emergency department care coordination program. Bill originally passed the House February 7th, subsequently passed the Senate with a substitute which is before the body.
Bill Howell
Gentleman from Henrico .
[Unknown]
Thank you, Mr. Speaker. This is a bill that stands up to care coordination, the bills are identical, fully funded in the budget. I don't know whether it's legerdomain or the Senate not being able to follow its own committees. Hopefully you will reject the clause and throw it into
Chris Head
Shall the Senate amendments conference. Be accepted. The clerk will close the roll.
Chris Head
Ayes zero, no's 100.
Chris Head
Ayes zero, no's 100. The Senate amendments are
[Unknown]
House bill 2262, a bill to amend and reenact a section of the code relating to the establishment of the online Virginia network authority. Bill passed the House February 7th, subsequently passed the Senate with a substitute which is before the body.
Bill Howell
The gentleman from Colonial Heights, Mr. Cobs.
[Unknown]
Thank you, Mr. Speaker. The Senate has put the clause on my substitute, so I hope it be the pleasure of the House rejected. To reject the substitute.
Bill Howell
Shall the Senate substitute be accepted. The clerk will close the roll.
[Unknown]
Ayes zero, no's 100.
[Unknown]
Ayes zero, no's 100. The Senate substitute is rejected. Turning to paige 32 -- Page 32 of the printed calendar, continuing House bills with Senate amendments, House bill 2304. Amend and reenact a section of the code relating to the department of medical assistance services, requirements related to long-term care. Bill passed the House February 7th, subsequently pabsted the Senate with a substitute which is before the body.
Bill Howell
Gentleman from Caroline, Mr. Orrock.
Bobby Orrock
Mr. Speaker, for fear of being bored the next two days, I ask we reject these amendments so I will have something to do. [ laughter ]
David Toscano
Shall the Senate substitute be accepted. The clerk will close the roll.
Bobby Orrock
Ayes zero, no's 100.
[Unknown]
Ayes zero, no's 100, the Senate substitute is rejected.
[Unknown]
House bill 2366. Amend and reenact a section of the code repeal several others, all relating to procurement by public bodies, requirements for use of construction management and design build contracts. Bill passed the House February 7th, passed the Senate with substitute, which is before the body.
Chris Head
The gentleman from Fairfax, Mr. Albo.
Dave Albo
Mr. Speaker, members. House, this is a deal that deals with the topic of when governments can build builds using methods that are not competitive sealed bid. Our bill set up a new set of rules and said you had to follow these rules for any project under $10 million. The Senate set up some rules, and they say that you have to do it for anything under $25 and there are some other million. Details, you know, you probably don't want to hear them. So what I would like to ask is that we would reject the Senate substitute, put it in conference and we can work out all the details.
Chris Head
Shall the Senate substitute be agreed to. The clerk will close the roll.
Dave Albo
Ayes zero, no's 100.
[Unknown]
Ayes zero, no's 100. Senate substitute is rejected.
[Unknown]
House bill 383. -- 383 -- 2383, to combined sewer overflow outfalls, Chesapeake bay watershed. Passed the House February 6th, subsequently passed Senate with a substitute which before the body.
Bill Howell
Gentleman from Prince William, Mr. Lingamfelter.
Scott Lingamfelter
This bill needs to go into conference. The Senate is taking a slightly different route to a good end. I move we reject the Senate amendment.
Bill Howell
Shall the Senate substitute be agreed to. The clerk will close the roll.
Scott Lingamfelter
Ayes zero, no's 100.
[Unknown]
Ayes zero, no's 100, the Senate substitute is rejected.
[Unknown]
House bill 2417. A bill to amend and reenact a section of the code relating to the department of medical assistance services fraud prevention, prepaid an lit igs, passed February 7th, subsequently passed the Senate with amendment which is before the body.
[Unknown]
Mr. Landes?
[Unknown]
Thank you. Mr. Speaker and ladies and gentlemen of the House, the Senate has put the superfluous clause on the bill, so I would ask that we reject the Senate amendment.
Bill Howell
Shall the Senate amendment be accepted. The clerk will close the roll.
[Unknown]
Ayes zero, no's 100.
[Unknown]
Ayes zero, no's 100, the Senate substitute is rejected.
[Unknown]
Senate amendment is rejected.
[Unknown]
Continuing with today's calendar on Page 33 of the printed version, next category, House joint resolution with Senate amendment, hj's with Senate amendments, one bill in this category, House joint resolution 545. Amending a section 14, article 4 of the constitution of Virginia, relating to powers of the general assembly. Suspension or null if I indication of administrative rule or regulation. Resolution agreed to by the House February 6th, subsequently agreed to with a sfwoout -- substitute on the 20th of February. That is before the body.
Bill Howell
Gentleman from bot a to the -- bot an 0 --
[Unknown]
The substitute clarifies that the committee that could act to subs penned or nullify regulations in the absence and off session would have to be created specifically for that purpose by an exactment of general law. It gives a little more clarification to that, because of that, it is very friendly. I think it makes it a better resolution, and a better amendment, and I would is that we accept the Senate substitute.
Bill Howell
Gentleman from Prince William, Mr. Marshall.
Bob Marshall
Speaking to the motion.
Bill Howell
Gentleman has the floor.
Bob Marshall
Mr. Speaker, the gentleman represented the other day that this was ready to go, fully baked and didn't need anything. But now we find out, maybe it's partially baked, because the Senate has come up with something a little more specific, which did not occur to the gentleman when he told us that it was all ready for primetime. So what else is going to am -- come up that might be a problem in the future? Moreover, when this -- I don't have this in front of me for some reason, I would ask for that, but I didn't see it today. When the governor doesn't have a veto, is the law that we passed exempt from the veto? Or is this another guessing game that we have to play. Mr. Speaker, more of these hiccups are going to come up down road, and there will be a bunch of them if we actually pass this as an amendment to the institution. I urge a -- constitution. I urge a no vote.
[Unknown]
The gentleman Charlottesville, Mr. Toscano.
[Unknown]
Thank you, Mr. Speaker. Will the gentleman who is the sponsor of the resolution rise for a question?
[Unknown]
Mr. The yield?
[Unknown]
I would be -- will the yield?
[Unknown]
I would be happy to yield.
[Unknown]
Thank you. This resolution has gone through a number of iterations. I want to make sure I have the correct one before me. Is this substitute include the language that a legislative commission can also suspend
[Unknown]
Mr. Speaker, I would say to the gentleman it does not say that. What it says now is that the general assembly May by general law authorize a legislative committee or legislative committees acting jointly, or a legislative commission -- sorry, it does say legislative commission, but, again, it would have to be created by general law to suspend any or all portions of rules? Any administrative rule or regulation while the general assembly is not in regular session, within such restrictions, and upon such conditions, as May be prescribed in that general law. And would further say that in order for that to happen, both bodies would have to agree to the terms of that, and the governor would have to sign it north for that to become a -- in order for that to become a matter of general law.
[Unknown]
Mr. Speaker, will the yield for another question?
[Unknown]
Mr. The -- will the yield?
[Unknown]
I would be happy to yield.
[Unknown]
I would ask the gentleman, is it not the case a number of the legislative commissions that we have right now are posed of non-eye -- non-elected officials?
Bill Howell
Mr. Speaker, I would say that to the gentleman from -- that, yes, some of the ones we have now are perhaps composed of non-elected officials. However, whatever was established to act in our behalf while we were not in session would, again, have to be something that was agreed upon by a majority of both houses, and then signed into law by the governor.
[Unknown]
Mr. Speaker, speak to the bill at the proper time.
Bill Howell
The gentleman has the floor.
[Unknown]
Thank you, Mr. Speaker. Ladies and gentlemen of the House, I know this -- the title of this resolution sounds really nice, and people May like the concept of it. But I was up late last night thinking about this and reading my federalist papers -- no, not jefferson, I was reading Madison, and I was -- you know, I stood in awe at the notion of separation of powers, and my concern about this resolution is we May be disrupting fundamentally the separation of powers. But beyond that, all the good lawyers in this room should take a really close look at the language, the actual language of this bill, because it sets up a whole set of pitfalls for us, and creates things we really don't want to create, including the possibility of non-elected officials being able to meet off general assembly session and nullify, or suspend any -- I 'm not saying -- any administrative rule or regulation. Now, I understand the logic of perhaps allowing this body to suspend or nullify, okay, I can get that, I don't necessarily agree with it. But when you do it outside of general session, and do it in a commission that includes people who are not elected, I think you create some huge problems that are not fixed by just saying, oh, yeah, we can create a general law. Well, you know, if we want to create a general law, let's get a bill. Let's see if you can pass a bill to create a general law. Don't put it in the constitution! Please, I hope that you will vote against this resolution.
[Unknown]
Mr. Speaker?
[Unknown]
The gentleman, Mr. Marshall.
[Unknown]
Addressing the measure?
[Unknown]
Beg pardon?
[Unknown]
Addressing this resolution?
Bill Howell
Gentleman has the floor.
[Unknown]
Thank you very much. Mr. Speaker, there are about 28 legislative commissions that we have right now. Most of them, I think at least 20 of them, do not have exclusively elected members. So what you are doing is giving the power to unelected people to undo a regulation which should be made in pursuit of law. Now, also look at the condition and the time when these legislative commissions can do this. When we're not in regular session, well, I 've been here, this is my 26th year, Mr. Speaker, at times we are simultaneously in regular session, and in special session. If we have a special session running at the same time that we have a regular session, I will suggest to you that this body would not be eligible to exercise this negating power, because we would be in regular session, even though we are in the alternative session as well. This is uncertainty that you are passing here right now. We are going to find out more problems than if we find out too late, we are going to have another amendment undoing this. Again, non-legislanon-legislato elected to anything will be undoing the regulations of the commonwealth of Virginia. This doesn't provide that it must be only elected members on these commissions. There could be competing groups, for example, would a legislative committee and a legislative commission both be able to exercise simultaneous oversight over a regulation, and what if they came to different conclusions? Mr. Speaker, please vote no on this.
Bill Howell
Gentleman from Botetourt, Mr. Head.
Chris Head
Thank you, Mr. Speaker. We've kicked this thing around an awful lot, but every argument about separation of powers, everything that we have stated fails to understand that regulations are empowered only by underlying legislation. And the legislation is is supposed to prevail. But that frequently that doesn't happen. Frequently we have state agencies that either ignore the underlying legislation and do something altogether different, or ignore new legislation that it mass -- passed and decide they want to do tt old way, and thereby ignore the will of the people and the will of the general assembly, and completely go around the separation of powers. This constitutional amendment would rather protect the separation of powers, allowing regulation, which though it is not law, carries the same force and weight as law, to reflect the will of the general assembly. The branch that is supposed to create the law. So if you are really, truly interested in separation of powers, you will vote to support this resolution. So Mr. Speaker, I would ask, again, that the Senate substitute be adopted.
Bill Howell
Shall the Senate substitute be agreed to. The clerk will close the roll.
Chris Head
Ayes 52, no's 46.
[Unknown]
Ayes 52, no's 46, the Senate substitute is agreed to.
[Unknown]
Continuing --
[Unknown]
Can I get the House to come to order, please?
[Unknown]
Continuing with today's calendar, Page 33, resolutions now moving to the regular calendar, resolutions regular. Senate joint resolution 251 before the body, resolution designating the week of September 10th, 2017, each succeeding year as national suicide prevention week in Virginia. Bill is before the committee on rules.
Bill Howell
Gentleman from Augusta, Mr. Landes.
Steve Landes
Mr. Speaker, ladies and gentlemen of the House, the clerk did an excellent job describing what this resolution does, and I would move the adoption of Senate joint resolution 251.
Bill Howell
Shall the resolution be adopted. The clerk will close the roll.
Steve Landes
Ayes 96, no's 1.
[Unknown]
Ayes 96, no's 1. The resolution is adopted.
[Unknown]
House joint resolution 1085, confirming appointments by the speaker of the House and the committee on joint rules. Bill reported from committee on House rules.
Bill Howell
Gentleman from Colonial Heights, Mr. Coxful -- Cox .
[Unknown]
Thank you. These appointments deal with the conflict of ethics and advisory counsel, health research board and board of trustees for the Virginia retirement system. Hope it be the pleasure of the House to pass the resolution.
Bill Howell
Shall the resolution be adopted. The clerk will close the roll.
Lee Ware
Ayes 98, no's 1.
Lee Ware
Ayes 98, no's 1, the resolutions are adopted.
[Unknown]
Turning to Page 34. Page 34 of the calendar, printed version, resolution before us, House resolution 431, encouraging public institutions of higher education in the commonwealth to protect free speech. Bill from committee on rules with a substitute.
Bill Howell
Gentleman from Loudoun, Mr. Larock.
Dave LaRock
Thank you, Mr. Speaker. I would add to the description of the clerk that we would encourage them by asking them to form policies, and I would add that this is very much in keeping with the spirit of the gentleman from Augusta 's bill, number 1401, which passed this House by a vote of 79-16, and the Senate by 36-4. Targets the same need it will complement the Delegate 's bill.
Bill Howell
The gentleman from Fairfax, Mr. Plumb.
[Unknown]
Speaking to the resolution.
Bill Howell
Gentleman has the floor.
[Unknown]
Mr. Speaker, ladies and gentlemen of the House, I know sometimes we pass these resolutions lightly, but I want you to take a couple minutes to look at this, and help me think through what it is the problem we're trying to solve. We are going to pass this resolution, if you look down at what we are going to do with it, we are going to make copies of it and send it off to the presidents of our institutions of higher education. We are going to ask them to do what their constitutionally and legally required to do, and that is, to protect free speech. What's the problem that's arisen that is necessary to do that? Reason I suggest to you not take this lightly, is because one of the things I think we can all agree on is the importance of economic development, and necessity of creating jobs in the commonwealth. And we -- what we do here, we affect that. You can see other states and some of the laws they've passed that, in fact you can make your state unfavorable to business development by the and laws that you pass. Kinds of positions you take now, granted, this is only a resolution, but if you are thinking about locating your business in Virginia, and you got a legislature who is passing laws saying you got to protect free speech, in a day and time when we are debating what is -- what positions we want to acknowledge, I think this is a bad precedent. It sends a bad message for people looking to the commonwealth as a potential place to locate their business. It looks like an insignificant resolution, but it could be very significant for our image. I suggest we vote no.
Bill Howell
Shall the resolution be adopted. Shall the substitute be agreed to. All those in favor say aye. Opposed no. Substitute agreed to. Shall the resolution be adopted. The clerk will close the roll.
[Unknown]
Ayes 64, no's 31.
[Unknown]
Ayes 64, no's 31. The substitute -- resolution is adopted.
[Unknown]
Continuing with today's calendar, Page 34, printed version, next category, memorial resolutions, laid on the speaker's table. Memorial resolutions adopted in block, listed on Page 34, with the exception of House joint resolution 1064.
[Unknown]
Ask the House to come to order. This is not a time where we ought to be chatting with each are there any resolutions that other. A member May desire to remove from the block. Hearing none, all those in favor of adopting in a block next category of live bills, House bills vetoed by governor. House bill 1432 is an act to amend and reenact sections of the code relating to carrying a switch blade knife exceptions. A bill passed the House and subsequently vetoed by the governor. The governor's veto has been distributed and is available online and is before the body.
Ken Plum
The gentleman from Powhatan m Ware .
Ken Plum
Thank you, Mr. Speaker. It is my understanding that parment taerl we can defer action on the governor's veto until the reconvened session. Accordingly, I move we pass by the veto until April 5th.
David Toscano
Mr. Speaker, parliament taerl inquiry.
David Toscano
The gentleman May say it.
David Toscano
Could the chair tell us under what rule you're allowed to defer to the veto session?
[Unknown]
I think the point is you have to act on it by the reconvened session, which in this case is April 5th. You don't have to act on it today or tomorrow. So you can pass it by until April 5th if that's your desire. You have one opportunity and I think that you decide whether you want to try and override the vetoed, tomorrow, or April 5th.
[Unknown]
Mr. Speaker, parliamentary inquiry.
Bill Howell
The gentleman has the floor.
[Unknown]
Is the operative word that you have to act by April 35th or by the end of the session day on April 5th?
[Unknown]
At the end of the reconvened session, which in this case is April 5th.
[Unknown]
Thank you.
Bill Howell
Without objection, the bill will go bye until April 5th.
David Toscano
Continuing with House bills vetoed by the governor, next up is House bill 1578, an act to amend various portions of the code related to participation in public school interscholastic programs by students who receive home instruction. The bill passed the House in January, subsequently has been vetoed by the governor and that veto is before the body.
Todd Gilbert
The gentleman from Albemarle, Mr. Bell.
Rob Bell
Mr. Speaker, as the previous speaker, I would ask we pass by the veto --
Todd Gilbert
Mr. Speaker.
Rob Bell
The gentleman from Charlottesville .
[Unknown]
Mr. Speaker, in light of the fact that there is some confusion about the bill, about the rule and having voted on the prevailing side by which we passed -- just passed by the previous bill, I move that we reconsider the vote, pass it by for the day, give us an opportunity to look at the rule to see if the -- it is all right to pass the by to April 5th.
[Unknown]
I don't think there's a rule.
[Unknown]
Mr. Speaker --
[Unknown]
I don't think in the House rules it deals with this. I think it's just the practice that when you have a bill before you and have a certain amount of time in which to take action on that bill and in this particular case, we have until the reconvened session to take action on this. We don't have to take action on it today. We could if we wanted to. It's like any other bill.
[Unknown]
Mr. Speaker, parliamentary inquiry then.
[Unknown]
Gentleman May say it.
[Unknown]
Then if that is the case, what is the harm taking I want by for the day as opposed to taking it by until April 5th.
[Unknown]
We're going to do it until April 5th tomorrow if we find out there's no issue.
[Unknown]
Okay. We is paed it by until -- passed it by until April 5th because there was no objection and now you're making an objection?
[Unknown]
Yes, I am. I'm moving that having voted on the prevailing side by which we passed it by until April 5th that, we reconsider that vote so then we can just pass it by for the day and then perhaps tomorrow we'll pass it by to April 5th.
[Unknown]
Mr. Speaker --
[Unknown]
The gentleman in Shenandoah, Mr. Gilbert.
[Unknown]
Point of order.
Bill Howell
Gentleman has the floor.
[Unknown]
Is the gentleman's motion proper given that we did not act on -- we did not vote?
Bill Howell
Well, I think -- yeah, I think it's getting down in the weeds myself, but I think that I said without objection bye until April 5th. He's saying I want to reconsider that "bye objection" and make an objection, basically.
[Unknown]
Mr. Speaker, substitute motion.
[Unknown]
Gentleman May make it.
[Unknown]
I move that the bill go bye until April 5th.
[Unknown]
I object, Mr. Speaker.
[Unknown]
Mr. Speaker, point of order.
Bill Howell
Gentleman has the floor.
[Unknown]
I'm just trying to put it in the proper posture since I 'm not sure the posture we are in, whatever motion the gentleman had, I think would be superseded by a motion to pass by, so I 'm trying to put it in the proper order. We can certainly vote on what the gentleman is hoping to achieve, but since we did not vote previously, I 'm trying to put us back in the proper posture.
[Unknown]
Mr. Speaker, May we approach the bench?
Bill Howell
The gentleman from Charlottesville, Mr. Toscano, requests that we reconsider the fact that no one objected to the motion to carry the bill over. And with his subsequent objection -- I guess we have to vote on it. Yeah. As many as favor that motion to reconsider, please say aye. [ ayes expressed ]
David Toscano
Mr. Speaker. Parliamentary inquiry.
Bill Howell
The gentleman May state it.
David Toscano
Mr. Speaker, I understand the issue going to April 5th with most bills, but these bills are special in that they passed the legislature, went to the governor prior to our recess for the period before the reconvened session. Does that not put them in a different category whereby they would need to be acted on? The governor needed to act on them to get them to us and that's why they're on the calendar today and that didn't make it mean that we have to act on them, too, before we go home?
[Unknown]
He has to do it, we don't. I really think that is a lot to do about not a whole lot.
[Unknown]
Mr. Speaker, parliamentary inquiry.
Bill Howell
The gentleman May state it.
[Unknown]
I think I agree with you, it is a lot to do about nothing, but that's why take it bye one day to see if it in fact it is true don't if it's true, take it bye --
[Unknown]
Mr. Speaker, point of order. Mr. Speaker.
Bill Howell
Gentleman from Shenandoah, Mr. -- is the gentleman making a parliamentary inquiry or is he arguing with the chair? I would submit as a point of order that he is merely arguing with the chair and not inquiring of the chair any longer.
[Unknown]
My feelings weren't hurt. I thought he was just asking a question. [ laughter ] I know ur you're there if I need you.
[Unknown]
I'm there for you, sir. [ laughter ]
Bill Howell
Let's do this. Let's say that there's a motion to reconsider my call to, without objection, have the bill go bye until April 5th. As many as favor that motion will say aye. Those opposed no. [ nos expressed ]
[Unknown]
I think that the motion is defeated.
[Unknown]
Mr. Speaker.
Bill Howell
Gentleman from Charlottesville .
[Unknown]
Rise for a motion.
Bill Howell
Gentleman has the floor.
[Unknown]
I ask that hb 1578 and 15 28 go bye for the day.
[Unknown]
Mr. Speaker --
Bill Howell
The gentleman from Shenandoah .
[Unknown]
Parliamentary inquiry.
[Unknown]
The gentleman anyway state it.
[Unknown]
Is the gentleman's motion to go bye for the day superior to what I believe is the now on the floor motion that the bill go bye until April the 5th?
[Unknown]
Well, there's no other motion here. This is --
[Unknown]
Mr. Speaker.
[Unknown]
Yes.
[Unknown]
Point of order.
[Unknown]
Mr. Speaker --
[Unknown]
Can I get a couple of you all to come up here, please? [ no audio ]
Dave LaRock
The gentleman from Caroline, Mr. Orrock.
Bobby Orrock
I rise for a substitute motion.
Dave LaRock
Gentleman has the floor.
Bobby Orrock
Mr. Speaker, I would move that House bill 1578 on Page 36 of the calendar and House bill [ gavel banging ] >> The House will come to order. >> Mr. Speaker. 1582 on Page 37 would go bye until veto session April 5th.
[Unknown]
Okay.
David Toscano
Reconvened session.
David Toscano
The gentleman from Charlottesville .
David Toscano
Thank you, Mr. Speaker. Speaking to the motion.
David Toscano
Gentleman has the floor.
[Unknown]
Mr. Speaker, ladies and gentlemen of the House, I know people, you know, are getting hot around here, but sometimes you got to just take a deep breath and recognize what we do is extend courtesies to members who ask for something legitimate. If there's an issue with whether we can take this bye until April 5th, give us a day to check it out. That's all that is being asked here. Now, that being said, and let me read you from the constitution here, article 5, says here the governor May veto a bill if he objects to it by returning the bill with its objections to the House. The House shall enter the objections in the journal and reconsider the bill. The House May override the veto by two-third much vote. If the House of origin overrides the governor's veto, they send the bill with the governor's objection to the other House, etcetera, etcetera. That's the process and the question is, it says here the governor shall have seven days in which to act on the bill and consider the exercise of one of three options. The question is under the constitution, do we have to act on the bill? I think that's what we're just trying to take a look at and take a little time to take a look at. It seems reasonable. We know what's going to happen with this vote, but you should at least hear the argument. Thank you.
Bill Howell
The gentleman from Caroline, Mr. Orrock.
Bobby Orrock
Speaking to the motion.
Bill Howell
Gentleman has the floor.
Bobby Orrock
Mr. Speaker, we talk a lot about courtesy down here and one of the fundamentals of courtesy that I 've seen observe over my entire tenure is we tend to defer is well to courtesy of the individual member and their wishes and in the case of the measures we have pending before us now, it is my understanding that both of these patrons have communicated to me and others that they wish for their measures to be taken bye consistent with article 6 of the constitution -- I 'm sorry, article 4, section 6, where the general assembly shall reconvene on the sixth Wednesday and without reading it all through, to consider the governor's recommendations or actions on underlying bills. It is clearly my understanding of the constitution that while we could act on these measures today, there is nothing that binds this body to have to act in any time prior to the adjournment of such reconvened session. So therefore, Mr. Speaker, I would hope that we would honor the wishes of the patrons and have the bills go bye until the reconvened session.
[Unknown]
The motion before the body is shall House bill 1578 and House bill 1582 be considered, the vetoes be considered at the reconvened session. As many as favor that motion will say aye. [ ayes expressed ]
[Unknown]
Those opposed no. [ nos expressed ]
[Unknown]
The motion is agreed to.
[Unknown]
Continuing with today's calendar on Page 38, Page 38, next category is House bill with recommendation by the governor. House bill with recommendation by the governor. House bill 1433 is an act to amend the code of Virginia relating to the neighborhood assistance act tax credit, a will lo indication to organizations. That did not receive any credit in the preceding year. Bill passed the House January 26th, has been -- zporch has recommended a veto -- recommended -- made recommendations and those amendments are before the body.
Bill Howell
The gentleman from Henrico, Mr. Farrell.
Peter Farrell
Thank you, Mr. Speaker. I'm onning with doing it today -- I 'm okay with doing it today, so the governor and this comes from the agency to the governor's office, I think it's a friendly amendment. It put and emergency clause in the bill so they can go ahead and be clear that the law will be in place prior to the beginning of the tax credit year, so the department just wants to be able to get going and that's all the governor did and I think it's a friendly recommendation and I hope we approve it.
Bill Howell
Shall the governor's recommendations be accepted? Clerk will close the roll.
Peter Farrell
Ayes 100, nos 0.
[Unknown]
See, we can all get along. [ laughter ] ayes 100, nos 0, the governor's recommendations are agreed to.
[Unknown]
Mr. Speaker, that completes the live categories of today's calendar.
[Unknown]
Mr. Speaker. Mr. Speaker.
Bill Howell
The gentleman from Fairfax, Mr. Albert.
[Unknown]
Parliamentary inquiry.
[Unknown]
The gentlemen anyway say.
[Unknown]
It was that so exciting that you're now considering your desire to retire.
[Unknown]
It has solidified my decision. [ laughter ]
[Unknown]
Mr. Speaker.
Bill Howell
The gentleman from Loudoun, Mr. Orrock.
Bobby Orrock
Thank you, Mr. Speaker. It is with some hesitation that I rise to make a request. And it is -- but it is for no light and transient reason, I assure you. Last night at the governor's gold cup wine competition, a winery that makes their wine in the district I serve presented -- was presented the gold cup competition award for a 2014 cabernet sauvignon and I would ask the body to consent to introduce a joint resolution to commend that winiy.
Bill Howell
Do you think they're still be in business next year? The gentleman from Loudoun, in Orrock. The gentleman from Charlottesville --
Bobby Orrock
I support the gentleman's motion and let me tell you why.
[Unknown]
All: why?
[Unknown]
Because I think we're all going to get a bottle of that wonderful wine when it's all done. [ applause ] and then we'll all be able to sip it and cool out at the veto session together, right? Thank you very much.
[Unknown]
Mr. Speaker, I fear the value of it would not allow that transaction to take place.
Bill Howell
The gentleman from Richmond city, Mr. Loupassi.
Manoli Loupassi
Thank you, Mr. Speaker. Rise for the purpose of an introduction.
[Unknown]
Well, just a minute, we got a big vote here we got to take.
Manoli Loupassi
Oh.
Bill Howell
The question before the body is the request by the gentleman from Loudoun, Mr. Orrock, for unanimous consent to introduce a commending resolution. As many as favor that motion will say aye. [ ayes expressed ]
Bobby Orrock
Any opposed, no. That motion is agreed to. The gentleman from Richmond city, Mr. Loupassi.
Manoli Loupassi
Thank you, Mr. Speaker. Rise for the purpose of an introduction.
Bobby Orrock
Gentleman has the floor.
Manoli Loupassi
Thank you, Mr. Speaker. We have a group of children here today from lynnhaven if they could arise at this time. It was the newest private day school in Richmond, founded by jonathan harris who also serves as Head master. School is locked in the museum district, which is in my district, and it searches students grades 6 through 12. Please extend them a warm House welcome. [ applause ]
[Unknown]
We're delighted to have the students with us today. I must tell you we don't always work this smoothly. But great to have you here [ laughter ] today. Does the clerk have any announcements.
[Unknown]
Yes, Mr. Speaker. Immediately -- announcements for today, meetings for this afternoon and tomorrow morning. Immediately upon adjournment of the House, the House republican caucus will meet downstairs in House room one here in the capitol. Approximately 3:30 this afternoon, the House pages will have their Page debate. They worked on it about two dozen bills and will be in the chamber, so if any of the members are so inclined and want to assist them as pages, that would be most appreciated and welcome. To my knowledge, there are no other legislative activities scheduled for this afternoon. Looking ahead to tomorrow, Thursday, February 23rd, the legislative sportsman caucus meeting has been cancelled. The Hampton roads caucus, however, is scheduled to meet to the best of my knowledge at 8:00 a.M., sixth floor speaker's conference room. The new americans caucus meeting for tomorrow has been cancelled. The committee for courts of justice is going to meet to certify judges tomorrow at 11:00 a.M. In House room one. Cowers of justice will -- courts of justice will meet downstairs here in the capitol, House room one. That's a new meeting, new location. The democratic caucus will meet tomorrow at 11:15 in House room 2. The republican republican caucus will meet tomorrow at 11:00 tomorrow. Republicans meet tomorrow at 11:00 here in the capital House room one, democrats House room 2 at 11:15. That completes the announcements
Bill Howell
The gentleman from colonial I have. Heights, Mr. Cox.
[Unknown]
I move that when the House adjourn today, it adjourn to reconvene tomorrow at 12:00 noon.
[Unknown]
The gentleman moves that the House reconvene tomorrow at 12 noon. As many as favor the motion will say yea. [ ayes expressed ]
[Unknown]
I move the House do now adjourn.
[Unknown]
The gentleman moves the House do now adjourn. As many as favor the motion will say aye. The motion is approved. Those opposed no. The House stands adjourned until 12:00 noon tomorrow. 12:00 noon tomorrow.