02/25/2017 House Proceedings

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Index

HB2264—00:02:40
HB2002—00:00:50
HB2264—00:06:40
HB1721—00:00:45
HB1846—00:00:15
HB2014—00:00:25
HB2201—00:01:51
HB2014—00:02:05
HB1500—00:19:56
HB1525—00:01:25
HB1941—00:01:50
SB1005—00:00:50
SB1063—00:00:50
SB1312—00:00:30
HB1493—00:00:35
SB1413—00:00:15
SB1574—00:00:45
HB1837—00:02:20
HB1549—00:00:15
HB2366—00:04:50
SB1239—00:15:06
Del. Kirk Cox (R-Colonial Heights)—01:10
Del. Delores McQuinn (D-Richmond)—03:35
Del. Kirk Cox (R-Colonial Heights)—01:36
Del. Marcus Simon (D-Falls Church)—01:15
Del. Dave LaRock (R-Loudoun)—00:00
Del. Charniele Herring (D-Alexandria)—00:40
Del. David Toscano (D-Charlottesville)—00:55
Del. Charles Poindexter (R-Glade Hill)—00:00
Del. Ben Cline (R-Amherst)—00:00
Del. Matt Fariss (R-Rustburg)—00:05
Del. Charniele Herring (D-Alexandria)—00:00
Del. Matt Fariss (R-Rustburg)—00:00
Del. Vivian Watts (D-Annandale)—01:40
Del. David Toscano (D-Charlottesville)—00:05
Del. Rich Anderson (R-Woodbridge)—00:25
Del. Kirk Cox (R-Colonial Heights)—00:15
Del. Israel O'Quinn (R-Bristol)—00:40
Del. Todd Gilbert (R-Woodstock)—00:10
Del. Joseph Yost (R-Blacksburg)—00:05
Del. Mark Keam (D-Vienna)—00:45
Del. Tag Greason (R-Potomac Falls)—00:50
Del. Chris Jones (R-Suffolk)—08:45
Del. Randy Minchew (R-Leesburg)—02:50
Del. David Toscano (D-Charlottesville)—05:06
Del. Chris Jones (R-Suffolk)—01:20
Del. Dave Albo (R-Springfield)—01:00
Del. Terry Kilgore (R-Gate City)—00:45
Del. Greg Habeeb (R-Salem)—00:25
Del. Peter Farrell (R-Henrico)—01:00
Del. Rob Bell (R-Charlottesville)—01:10
Del. Todd Gilbert (R-Woodstock)—00:05
Del. Tag Greason (R-Potomac Falls)—00:10
Del. Terry Kilgore (R-Gate City)—00:05
Del. Chris Jones (R-Suffolk)—01:55
Del. David Toscano (D-Charlottesville)—00:05
Del. Chris Jones (R-Suffolk)—00:10
Del. Bobby Orrock (R-Thornburg)—00:45
Del. Mark Levine (D-Alexandria)—00:25
Del. Bobby Orrock (R-Thornburg)—00:00
Del. Mark Levine (D-Alexandria)—00:55
Del. Dave Albo (R-Springfield)—03:25
Del. Todd Gilbert (R-Woodstock)—00:20
Del. Dave Albo (R-Springfield)—00:05
Del. Bobby Orrock (R-Thornburg)—05:51
Del. Mark Levine (D-Alexandria)—00:15
Del. Bobby Orrock (R-Thornburg)—01:30
Del. Mark Levine (D-Alexandria)—00:05
Del. Chris Jones (R-Suffolk)—02:00
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Minutes

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

Mace placed on Speaker's table by Sergeant at Arms

Prayer offered by The Honorable M. Kirkland Cox, the Gentleman from Colonial Heights

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

Attendance roll call - Quorum present

Leaves of Absence granted: Delegates Campbell, Dudenhefer, Morefield [portion], and Rasoul

Journal for Friday, February 24, 2017, approved by the Speaker


CALENDAR

HOUSE JOINT RESOLUTION WITH SENATE AMENDMENTS
HJR 693 - Senate amendments agreed to (Y-71 N-23)

COMMENDING RESOLUTIONS ON THE SPEAKER'S TABLE
HJR 967 - Passed by until Sunday, February 26, 2017
HR 475 - Agreed to

HOUSE BILLS WITH GOVERNOR'S VETOES
HB 1432 - Passed by until Wednesday, April 5, 2017
HB 1578 - Passed by until Wednesday, April 5, 2017
HB 1582 - Passed by until Wednesday, April 5, 2017
HB 2198 - Passed by until Wednesday, April 5, 2017
HB 2264 - Veto sustained by House (Y-62 N-33) [requires a 2/3 affirmative vote to override]
HB 2002 - Passed by until Wednesday, April 5, 2017

HOUSE BILLS WITH GOVERNOR'S RECOMMENDATIONS
HB 1721 - Governor's recommendation agreed to (Y-96 N-0)
HB 1846 - Governor's recommendation agreed to (Y-97 N-0)
HB 2014 - Governor's recommendation agreed to (Y-97 N-0)
HB 2201 - Governor's recommendation agreed to (Y-89 N-8)
HB 2324 - Governor's recommendation agreed to (Y-97 N-0)

HOUSE BILLS IN CONFERENCE
HB 1500 - Conference report agreed to (Y-96 N-1)
HB 1525 - Conference report agreed to (Y-92 N-0)
HB 1941 - Conference report agreed to (Y-97 N-0)

SENATE BILLS IN CONFERENCE
SB 1005 - Conference report agreed to (Y-97 N-0)
SB 1063 - Conference report agreed to (Y-90 N-0)
SB 1312 - Conference report agreed to (Y-93 N-0)
SB 1413 - Conference report agreed to (Y-95 N-0)
SB 1493 - Conference report agreed to (Y-97 N-0)
SB 1574 - Conference report agreed to (Y-96 N-0)

HOUSE BILLS IN CONFERENCE
HB 1549 - Conference report agreed to (Y-94 N-0)
HB 1837 - Conference report agreed to (Y-93 N-0)
HB 2366 - Conference report agreed to (Y95 N-0)
HB 2471 - Conference report agreed to (Y-95 N-0)

SENATE BILLS IN CONFERENCE
SB 1129 - Conference report agreed to (Y-95 N-0)
SB 1239 - Conference report agreed to (Y-89 N-7)

Senate communication received
House bills, conference committee reports agreed to: HBs 1500, 1525, 1549, 1837, 1941, 2248, 2304, 2366, 2383, 2471
Senate bills, conference committee reports agreed to: SBs 854, 898, 1005, 1045, 1063, 1129, 1239, 1312, 1413, 1574

Motion by Delegate Cox to adjourn sine die agreed to

House adjourned sine die at 11:46 a.m.

Transcript

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

[Unknown]
Sergeant at arms.
Bill Howell
The House is now in session. All persons not entitled to privileges of the floor, please retire to the gallery.
Bill Howell
The members will rise and be led in prayer by the honorable m. Kirkland Cox, the gentleman from Colonial Heights. And remain standing for the pledge of allegiance to the flag of the united states of america which will be led by the gentleman from Fairfax, Mr. Hugo.
Tim Hugo
Let us pray. Lord, you give us your lords prayer a model prayer. Lord when you pray do not use vein renditions but assure us the father knows the things you have need of before you ask them. You then say in this manner therefore pray our father in heaven, hallowed be your name, your kingdom come you will be done on earth as it is in heaven. Let us pray, gorefying you first, the alpha and the omega, the name above all names. Help us pray first for the coming of your heavenly kingdom. You tell us lay out for yourself treasures in heaven where neither loss nor Rust detroy where with are your treasure is your heart will le also. Do not -- lord you provide our daily needs from the man you provided to saying your chosen people 40 years in the wilderness to today when yew tell us to not worry about tomorrow because your heavenly father knows what you need. You are the one mo provides. Lord thank you for forgiving our debts by sending your save to save us. Thank you for protecting us from the evil one. And finally lord, for yours is the kingdom and the power and the glory forever, amen.
[Unknown]
Amen.
Tim Hugo
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. [applause]
Bill Howell
The members will answer roll call by indicating their presence on the electronic voting board. The clerk will close the roll.
[Unknown]
Mr. Speaker, a quorum is present.
Bill Howell
Pursuant to House rule 3, I have examined and approved the journal of the House of delegates for February 24, 2017. Motions and resolutions under rule 39 are now in order. Does the clerk have any announcements or communications?
[Unknown]
Not at this time, Mr. Speaker.
[Unknown]
The.
Bill Howell
The gentlewoman from Fairfax. Ms. Boysko.
[Unknown]
I rise for a point of personal privilege.
Bill Howell
The gentlewoman has the floor.
[Unknown]
Today on the last general assembly session and the last day together to highlight the accomplishments of great of a african americans I would like to bring your attention to the man who served in the county. He serve the in my home state of alabama fighting for social justice against mass incarceration, helping hundreds of minors adults wrong listen tensed to death as the founder of equal justice initiative. E.J.I. Has won major legal challenges eliminating excessive and unfair sen continuing, exonerating death row prisoners and aiding children prosecuted as adults. Mr. Tee veniceson has successfully argued several cases before the united states supreme court and recently won a historic ruling that mandatory life without parole sentences for all children 17 and other are unconstitutional. This he have won reversals relief for over 115 wrongly condemned prisoners on death row. He initiated major antipoverty and andty discrimination efforts that challenge the legacy of racial inequality in america including major projects to educate communities about lynching and racial segregation. Mr. Stevenson's work has won him numerous awards including the genius grant. He has worked to bring these issues to the public eye in his work just mercy sharing the personal stories of those treated unjustly and documenting the 30 plus years of his work to challenge the system. In Virginia we in this body have been working to address a lot of these same issues surrounding disenfranchisement, working to address mental I 'llness, the pipeline to prison and judicial reform. It feels fitting to pay tribute to brian stevenson for his lifetime of advocacy for those who have no voice as we close out our session. Thank you so much. [applause]
[Unknown]
The gentlewoman, Ms. O'quinn.
[Unknown]
I stand for a point of personal privilege.
Bill Howell
The gentlewoman has the floor.
[Unknown]
I would be -- ty would be remiss if I didn't take this time to just say a couple of thank yous. I actually wanted to do it on yesterday, but the sensitivity caucus was on a roll so I dae decided to wait until today. I wanted to stand and just -- and reference House bill 1547 and House bill 2296 and just let the assembly know what a proud moment it is for so many virginians that those two bills passed. The legislation will propel and preserve the history of african americans and there are so many individuals to thank, you know, for their role big and small in making this a wonderful momentous effort on behalf of many citizens of Virginia. But I particularly wanted to say thank you to you, Mr. Speaker, and chairman Jones because I know it is your leadership that helped to push it forward, to help encourage others to support it and as a result of that, there was a unanimous decision from the House and the Senate to support those bills. These two historic bills can truly begin the begin to honor contributions of african americans in the commonwealth. We are able to make distinctions to giants that have come before us, maggie walker and a.D. Praise and Reverend andrew bowler. No longer will they be looked upon as a desecrated area in the cemeteries by debris and trash and overgrown weeds and the aconnic leadership will not be dismissed as significant. No longer with the preservation of african american history be considered an afterthought in Virginia. Today we had the opportunity to reinvest in the legacy of african americans, culture and education and children now will have the ability to trace their history and visit the graves and ancestors. Sites, places of their children can now find value in themselves as they look a back to the greatness of their families past now that we have found value in those who paved the way for us we can find value in the proud culture. This is something that is not just going to benefit african americans, but it will benefit all virginians as well as people across the country. I just can't say thank you enough based on what has been done and the tremendous considerations that we have made -- the tremendous contributions we have made by passing those bills and I pray that all of us will examine ourselves and be intentional in celebrating the rich history of all virginians. One brick at a time we can build on what has been established and making sure that we maintain it and preserve it so that all will know we are the connectors on the bridge and we are connecting the past to the future and what we can do to make a difference and a brighter future of hope, promise and possibility for all virginians. Mr. Speaker, thank you so much to your encouragement to helping move those bills forward and I pray that as you step into the next chapter of your life that prosperity and God 's blessings will be upon you. Thank you. [applause]
Bill Howell
The gentleman from Colonial Heights, Mr. Cox.
Kirk Cox
Mr. Speaker, point of personal privilege.
Bill Howell
The gentleman has the floor.
Kirk Cox
Mr. Speaker there are several folks I would like to thank as we sort of close the session. Let me start with the pages who have been an extraordinary group. We say that every year but you said this often when you see 20 or 30 pages at your bible study I have never seen that before. They were so dedicated. I had a chance to watch them do their debate. Let's give them a nice round of applause. [applause]
[Unknown]
Mr. Speaker.
Bill Howell
The gentleman from --
[Unknown]
Also I always have difficulty knowing what to say here because I want to thank at this point both our clerk staff and it team and I will obviously name some individuals, kathy, trisha, emily, maggie ho dose great work back here, jay, jeff and their leader paul nardo and sharon, troy and paul and we go over that quickly every year. I think most of us might not have any idea how hard they really have to work and how many nights they are here past midnight. We will celebrate the anniversary and the the professionalism with which they conduct themselves and all they do for us is exceptional. I hope everyone will stand and give our clerk staff and our it team, led by paul nardo, a very heartfelt warm round of applause. [applause]
[Unknown]
I will say it is a team effort up here and I have this little photo up here to remind me of how everybody works together down here. [laughter]
Bill Howell
The gentleman from Fairfax, Mr. Simon.
Marcus Simon
Mr. Speaker I rice for raise for a point of personal privilege.
Bill Howell
The gentleman has the floor.
Marcus Simon
I wanted to add one group to the majority leader list of thank yous and yesterday we heard from the minority leader about the important role that the minority plays and some of the ways that that happens but there is another group that I don't think we always acknowledge that is worth mentioning here at the end of session which is the press corps that covers us here in Richmond. I saw a bunch of them out last night. They were a little disappointed for staying an extra day. They planned a going away party and had to put the beer and liquor on ayes ice and wait for another day. If I get a little too glib there will be a tweet about it. They hold us accountable. They are fair and do a great job of getting both saids of the story out and I think it is important that we as an assembly recognize the role that our free press plays in keeping us all honest and getting the messages out. A number watch us on the live stream but most people don't. Most of the way that people find out what happens and what is said down here and what is debated is by hearing it in the newspaper or hearing it on the radio or seeing it on tv. I would like to thank the press corps for the work that they do to make sure that the public understands what we do and how we do it down here. So thank you, Mr. Speaker.
[Unknown]
Pursuant to -- [applause]
[Unknown]
Pursuant to House rule -- [applause]
[Unknown]
Pursuant to House rule 30 the journal shall reflect the following members are away on pressing personal business and are granted leave for today's session. Delegates Campbell, Dudenhefer and Rasoul .
[Unknown]
The clerk will call the calendar.
[Unknown]
Saturday, February 25, 2017 the last scheduled day of the 2017 regular session. First category of bills House amendments. Joint resolutions with Senate House joint resolutions with Senate amendments. The resolution before us, House joint resolution 693 proposing an amendment to the constitution of Virginia by adding in article x a section numbered 7-b relating to special funds for transportation purrs. The bill agreed to by the House and Senate which offered amendments which are before the body.
Bill Howell
The gentleman from Loudoun, Mr. Larock.
Dave LaRock
Thank you, Mr. Speaker. As the clerk has described this is the constitutional amendment sometimes referred to as the transportation lock box. It was amended in Senate privileges and elections making minor changes to lines 33 and 34. And in know way changing the function or scope of the resolution. And if I could explain those amendments if anyone would like. Otherwise I move that we accept the Senate amendments.
Bill Howell
Shall the Senate amendments be adopted? The clerk will close the roll.
Dave LaRock
Ayes 71, nos 23.
[Unknown]
Ayes 71, nos 23. The Senate amendments are adopted.
[Unknown]
Turning to Page 2 of the printed calendar. Next category is commending resolutions laid on the speaker's table. One resolution before us is House resolution 475 commending Virginia demolay.
Bill Howell
The gentleman from Hopewell, Mr. Ingram.
Riley Ingram
Mr. Speaker and ladies and gentlemen of the House, I move the resolution.
[Unknown]
As many as favor that motion say aye, those opposed no. That resolution is agreed to.
Riley Ingram
Continuing with the calendar. House bills vetoed by the governor. Page 2 of the printed calendar. Within this category, House bill 1432, 1578, House bill 1582 and on Page 4, House bill 2198 taken by to Wednesday April 5 the scheduled reconvened session. Accordingly, the House bill vetoed by the governor before the body presently is 2264, an act to amend the code of Virginia relating to the department of health expenditure of funds rae lated to abortion and family planning services. The bill passed the general assembly. The governor has vetoed it and it is before the body.
Bill Howell
The gentleman from Rockbridge, Mr. Cline.
Ben Cline
Thank you, Mr. Speaker. I would move that the House override the governor's veto.
[Unknown]
The gentlewoman, Ms. Herring.
Ben Cline
I move to speak to the governor's veto.
Bill Howell
The gentlewoman has the floor.
[Unknown]
I ask that the House sustain the veto as we know this is an attack on planned parenthood. They provide other services other than abortion services. I have spoke on this measure before and informed this body that not only is this unconstitutional, this effort, this bill, but organizations like planned parenthood provide life saving health services, breast screening, paps smears and this is an attack on women's reproductive healthcare. I ask that the chamber sustain the vote red.
[Unknown]
Parliamentary inquiry.
Bill Howell
The gentleman May state it.
[Unknown]
How many votes green will be necessary to override the governor's veto.
[Unknown]
Two thirds of those present. That would be 64 today.
[Unknown]
Mr. Speaker parliamentary inquiry?
[Unknown]
Another one?
[Unknown]
Yes please. If a person is present but not voting does that count towards the total of the two thirds of those present? In other words, if somebody doesn't vote does that count towards the two thirds of those present?
[Unknown]
It is two thirds of the number that are present today whether they vote or not.
[Unknown]
Yes. Thank you, Mr. Speaker. Speaking briefly to the measure.
Bill Howell
The gentleman has the floor.
Bill Howell
Mr. Speaker, I think you were probably all paying attention when the gentlewoman from Alexandria made her points and to sustain the governor's veto means you vote red. Thank you, Mr. Speaker. And I hope everybody will either vote red or obtain or --
Bill Howell
The gentleman from Rockbridge, Mr. Cline.
Ben Cline
Mr. Speaker, can that bill go by temporarily?
Bill Howell
Without objection, the bill goes by temporarily. Although I would say to the gentleman from Charlottesville, my clerk staff which we all know is really great, not really strong on its math, and we didn't -- they didn't recognize or realize that one of the people that they thought was out are here so there are 97 people here and two thirds of that is I think 17. [laughter] it would be 65.
Ben Cline
The clerk will continue with the calendar.
[Unknown]
Continuing with the calendar on Page 5 of the printed version. Within the category of House bills vetoed by the governor. House bill 2002 an act to amend the code of Virginia relating to refugee and immigrant resettlements annual report. The bill passed the House. The governor has vetoed it and the governor's veto is before the body.
[Unknown]
Mr. Poindexter.
[Unknown]
I would like to move that House bill 2002 go by until April 5.
Bill Howell
Without objection, House bill 2002 by until April 5.
[Unknown]
Mr. Speaker, continuing with that category of House bills vetoed by the governor. A bill was temporarily taken by is before the body. 2264 an act to amend the code of Virginia relating to the department of health expenditure of funds related to abortions and family planning services. The governor has vetoed the measure and that veto is before the body.
Bill Howell
The gentleman from Rockbridge .
[Unknown]
Thank you, Mr. Speaker. Speaking briefly to the motion.
Bill Howell
The gentleman has the floor.
[Unknown]
Mr. Speaker, ladies and gentle men of the House, I hope it would be the pleasure of the body to vote green to override the governor's veto. The gentlelady from Alexandria spoke to this being an attack on one organization. We could talk about one organization and what has happened in recent years with that organization and some of the revelations that have come regarding that organization, but instead, I want to focus on the numbers because this does not take away dollars from women's health. This simply shifts dollars to priorities that are as follows. First, to public entities, second, to nonpublic hospitals and federally qualified health centers, third, to rural health clinics. Fourth, to nonpublic health providers that have as their primary purpose the provision of the primary healthcare services enumber rated in the code. And fifth, finally to nonpublic health providers that do not have as their primary purpose the provision of primary healthcare services enumerated in the code. This does not affect medicaid funding at all and in fact with regard to the organization that the gentle lady spoke of we did a foia request this year and folks May be interested to know that as of this point in the current fiscal year, planned parenthood has received no state tax dollars. So, for those who say that this is somehow an attack that this would somehow eliminate, destroy, get rid of, it's nothing more than political talk and I think we should be focused instead on women's health, providing funds to the most comprehensive services for women instead of just leveling misguided political attacks. So I hope you will vote green.
Bill Howell
The gentleman from Campbell, Mr. Fariss.
Matt Fariss
Mr. Speaker, I would like to ask the lady from Alexandria if she would rise for a question.
[Unknown]
Will the gentlewoman yield?
Matt Fariss
I yield.
[Unknown]
The gentlewoman yields.
[Unknown]
Mr. Speaker, I would like to know if the lady from Alexandria realizes that the dna test can be done on an unborn child that would determine its race.
[Unknown]
I would answer the gentleman I have heard that it can be. But that is not the purpose of this bill.
[Unknown]
I have another question, Mr. Speaker.
[Unknown]
Will the gentlewoman yield?
[Unknown]
I yield.
[Unknown]
The gentlewoman yields.
[Unknown]
Do you think, would the lady from Alexandria believe that it is possible that someone would kill an unborn child because of its race?
[Unknown]
Mr. Speaker, anything is possible but gun that again that is not the purpose of this bill.
[Unknown]
Mr. Speaker, specking to the speaking speaking to the bill.
Bill Howell
At the appropriate time. The gentlewoman from Fairfax, Ms. Watts.
[Unknown]
I wish to briefly address the point of the fact that this is clinics. Singling out planned parenthood notice also in the about I will that bill that itexcludes hospitals. Now, Virginia, Virginia is one of those states, one of the few states that only a first trimester abortion can be performed outside of a hospital. The hospital then is performing any which is where we have problems with miscarriages, where we have problems with a woman's health, diabetes, for example, making the pregnancy one that becomes increasingly troubled. Those are performed in hospitals. This bill does not single out hospitals, it singles out those planned parenthood clinics where the first trimester abortion May be performed, nationally as I have looked at the figures, approximately, again lacking looking particularly at Virginia, 80% of the women using planned parenthood are below 180% of the poverty and half of all those women they serve use those clinics as their primary care. Now it is true that some of these women in addition to that primary care May have an abortion and if you look at the number of patients, approximately 10%, less in Virginia because, again, only first trimester abortions can be performed outside of a hospital. The effect of this bill is to single out the funding of planned parenthood clinics and their full provision of health services to women.
Bill Howell
The gentleman from Scott, Mr. Kilgore.
Terry Kilgore
Mr. Speaker, I have a motion.
Bill Howell
The gentleman May state it.
Terry Kilgore
I move the pending question.
[Unknown]
Mr. Kilgore moves the pending question. As many as favor that motion say aye, those opp osed no. Mr. Speaker, parliamentary inquiry.
Bill Howell
The gentleman May state it.
[Unknown]
Sometimes I don't hear quite right and I thought I heard you say it will require 65 green votes to override. Am I hearing that correctly?
[Unknown]
Yes.
[Unknown]
Okay. Thank you, Mr. Speaker.
[Unknown]
Shall the House override the governor's veto? Roll.
[Unknown]
The clerk will close the
[Unknown]
Ayes 62, nos 33.
[Unknown]
Ayes 62, nos 33. The House fails to override the governor's veto.
[Unknown]
Continuing with today's calendar. The next category of bills only Page 5 of the printed version, House bills with recommendations by the governor. House bills with recommendations by the governor. House bill 1721 an act to amend the code of Virginia relating to the state board for community colleges reduced rate tuition and mandatory fee charges certain student who are active duty members in the armed forces of the united states. The bill has passed both bodies. The governor has offered recommendations and the governor's amendments are before the body and have been distributed and available online.
Bill Howell
The gentleman from Prince William, Mr. Anderson.
Rich Anderson
Thank you, Mr. Speaker. My House bill 1721 authorizes the state board for community colleges to authorize slightly lower tuition rates for active duty members enrolled in courses when they are correctly related to the military specialty. The governor's two minor amendments are technical in nature and does not change the intent of the bill. I move that the House accept the recommendations of the governor.
Bill Howell
Shall the governor's recommendations be adopted? The clerk will close the roll.
Rich Anderson
Ayes 96, nos 0.
[Unknown]
Ayes 96, nos 0. The governor's recommendations are adopted.
[Unknown]
Turning to Page 6 of the printed calendar House bills with recommendations by the governor. The bill before us is House bill 1846, an act to amend and reenact a section of the code relating to death certificates, filing. The governor offered recommendations. The governor's amendments have been distributed and available online and are before the body.
[Unknown]
Mr. Cox.
[Unknown]
This says that it can be filed in I district in the commonwealth. The governor had a clarifying amendment that wanted to make sure that you could file electronical any in any registration district. Clarifying amendment. I hope it would be the pleasure of the House to accept the governor's amendment.
Bill Howell
Shall the governor's recommendations be adopted? The clerk will close the roll.
[Unknown]
Ayes 97, nos 0.
[Unknown]
Ayes 97, nos 0. The governor's recommendations are adopted.
[Unknown]
Continuing on Page 6. House bill 2014. An act to amend and reenact a section of the code relating to buy inial biennial review of the standings standards of quality rae required.
Bill Howell
The gentleman from Fairfax, Mr. Keene.
[Unknown]
Can I ask to pass this by until later in the session. I want to answer a couple of questions. Questions.
Bill Howell
Without objection, the bill will go by temporarily.
[Unknown]
Thank you, Mr. Speaker.
[Unknown]
Turning to Page 7 of the printed calendar. House bill 2201 an act to amend' reenact the code relating to driving on the right side of highways and special regulations applicable on his laned for traffic penalties. The governor's recommendation is distributed, available online and before the body.
[Unknown]
Mr. O'quinn.
[Unknown]
I had people come over today and say I think you should accept or reject those amendments. So the governor has taken the fine from $250 down to $100. I do not think that at all was in the spirit of what I was trying trying to get done here. However, that being said, I think that I want to go ahead and accept the governor's amendment and see what happens with this over the next year and see if it is enforced. If you wanted to get something done and advance the ball forward you can vote yes. If you thought that $250 was too high but still would like to get something done then you can vote yes. I move that we accept the governor's amendment Mr. Speaker.
Bill Howell
The gentleman from Shenandoah .
[Unknown]
Will the gentleman yield for a yes?
[Unknown]
I yield.
[Unknown]
I ask the the gentleman when we discussed the recommendation in caucus it was the gentleman's inclination because of his stated concerns that he was going to ask the caucus to reject this, however, upon further consideration just for those not paying attention you have now changed your mind and now want to accept this, right?
[Unknown]
Mr. Speaker, I -- it looked like everyone is paying attention. But for those who May not be, the gentleman is correct. I would move that we accept the governor's recommendation.
[Unknown]
I thank the gentleman.
Bill Howell
Shall the governor's recommendations be adopted? The clerk will close the roll.
[Unknown]
Ayes 89, nos 8.
[Unknown]
Ayes 89, nos 8. The governor's recommendations are, indeed, adopted.
[Unknown]
Continuing with House bill with recommendations by the governor on Page 7 of the printed calendar. House bill 2324 an act to amend and reenact a section of the code relating to payment of jurors. Prepaid debit card or card account. The measure passed the general assembly and the governor offered recommendations. The recommendations distribute the, available online for the public and before the body.
[Unknown]
Mr. Yost.
[Unknown]
The governor's recommendations changes the bill so that instead of being charged one transaction fee or not being charged one transaction fee and them being charged each time after that that the receiver of the debit cards will o not be charged any transaction fees. I would hope it would be the pleasure of the body to accept the governor's recommendation.
Bill Howell
Shall the governor's recommendations be adopted? The clerk will close the roll.
[Unknown]
Ayes 97, nos 0.
[Unknown]
Ayes 97, nos 0. The governor's recommendations are adopted.
[Unknown]
Mr. Speaker, returning within the same category to the bill that had been taken by temporarily. House bill 2014 an act to amend and reenact the code.
Bill Howell
The gentleman from Fairfax, Mr. Keam.
Mark Keam
This is a bill that would take a recommendation from the board of education on when they would be required to file the biennial review. On the education commit category three we thought it would make more sense to coordinate with the governor's budget process and to have the document filed in odd number years instead of even numbered. The only question was in the second clause when it deals with the actual budget estimate process whether the timing ought to be consistent or a little bit different. I think the governor's amendment just added a little confusion because when you say if the board proposes it leaves and opportunity to say what if the board doesn't. Having had conversations we think this still clarifies and provides the flexibility the board of education and finance department needs. I want to accept it but if there are questions I am happy to entertain them between now and next year. I ask that we accept the governor's recommendation.
[Unknown]
Parliamentary inquiry.
Mark Keam
The gentleman May state it.
[Unknown]
I'm inclined to accept these as well. So I understand our options if we reject these can you tell the body what happens to this piece of legislation?
[Unknown]
Goes back.
[Unknown]
The original bill would go back to the governor to veto it or sign it.
[Unknown]
I thank the speaker. Mr. Speaker, speaking to the bill.
Bill Howell
The gentleman has the floor.
[Unknown]
Mr. Speaker, I think that the patron of the bill Delegate Keam was correct. We are trying to clarify what is happening here. I don't think it is perfectly worded, but I think the concept it correct that if we are going to make changes to the standards of quality we should consider those changes when we are looking at the budget and this helps align that. It probably could have been written a little bit more artfully, but at the end of the day I think the intent of the bill is correct and I would encourage all members to accept the governor's recommendation.
Bill Howell
Shall the rem recommendations of the governor be adopted? The clerk will close the roll.
[Unknown]
Ayes 97, nos 0.
[Unknown]
Ayes 97, nos 0. The recommendations are adopted.
[Unknown]
Mr. Specker, turning speaker turning to Page 8. The next category of bills before us are House bills in conference. We have received a conference report obviously for House bill 1500 the budget bill. A bill to amend the bill for all ameants to chapter 780 of the acts of assembly of 2016 which appropriates funds for the 2016-18 biennium and submitted by both bodies, the presiding offices of both bodies. Excuse me. The conference report passed and distributed. Availableon available online and it is before the body.
Bill Howell
The gentleman from Suffolk, Mr. Jones.
Chris Jones
Before you is a conference report for House bill 1500. I want to start off by thanking the House conferees. Dirk and steve, dock, tag and luck. They worked hard on the conference record. Luke second year on the conference committee and found out that we did things on the fly. He was on a couple small groups that didn't need meet so I put him on k-12 and haayer hey higher education. I did that because the gentleman to my right it is probably his last year on the committee. My dear friend Delegate Cox. We know how much he has meant to the committee. He has been on the committee since 2000 and a conferee since 2004. K-12, higher education and kirkland I 'm going to miss you on the committee and as a conferee and I want to thank you and give you a round of applause. [applause]
[Unknown]
I could not ask for a finer group of men to work with. We are more than a committee. We are family. Mr. Speaker, I want to tell you this is the third year in a row we have completed our work early and met the 48 48 hour rule. I share with the body the respective budget for each chamber and I felt we were going to be able to get a conference report in quick order. It was a little long they are year, not because of anything the Senate did or we did, I don't know about you but this is my 10th short session and this was probably the most challenging short session as far as just volume of work. When we got to work we did our work in short order and I think we delivered a very good product. Mr. Speaker first the conference report will include that wasn't in our budget a $35 million reserve fund which reflects the additional tax revenues we anticipate from tax am necessaricy and also a reserve -- amnesty and a reserve fund that directs 50% of any excess revenues outside the official forecast to be set aside in the fund and clearly we do not want to count our chickens before they hatch as director vaughn liked to say but they will be sequestered and used for 2018-2020 budget cycle. Second, I 'm pleased that we have included a 3% raise for our state employees college faculty as well as the state share of a 2% raise for state supported locals and teachers. Equally important in the conference report we embraced the position of increasing our commitment to lottery. Last year we went to 25% and reversed the policy that we set in place in 2010 and this year we we approve this conference report we will be at 35% of lottery going back on a per pupil amount and I thank the gentleman. We have much work to do to get the extra $35 million or so next year to go to 40%. We were able to ameliorate the $80 million cuts in the first year. In the second year there was an 80 million dollars cut and we reduced that by a fourth by $20 million. I want to thank the delegates for that work. This reduced as you know for the schools that have fewer out-of-state students their total eng education and general budget to mo more than a 1.5% cut. We fully restored the extension cuts, Norfolk state and Virginia state did not take any cuts. In the area of hhr I want to thank the vice chairman and doc as we all call him affectionately. You must have met five, six times. You met more than the other five or six groups combined. I want to thank you all for your dedicated service and hard work because this is the most complex area. There are no wants, they are all needs injure the work on need. The work on mental health and other area that are all important, domestic violence, et cetera. I want to give them a round of applause for their dedicated work. [applause]
Chris Jones
I mentioned mental health on purpose. The last three sessions we worked closely request the with the body at the other end of the capitol apartment governor. This con frontal system report includes $32.2 million for mental health services and providing cover phone erage coverage for additional recovery and addiction and treatment services as part of these benefits. We are also providing $5 million for permanent supportive housing and same day access and opioid treatment services. We extended the Deeds commission for another two years and I want to thank the members I will miss somebody. Delegate Farrell, toriane Ransone and Watts and the like. Finally as we look at what we are before us, we added another 144 waiver slots? Slots in the area of hhr. I think that is significant. When we arrived in January we had a $1.2 billion short fall. What we have done is nothing short of remarkable and I say the word we, not me, not the committee but we as a body. We met in small groups. I think the first full week of the session. And we listened to what you had to say. There were concerns about vrs 1 hundred percent. Concerns about a, b, c, d, and e. We dae decided that compensation was important and mental health and investing in those areas of need were important. I think this document reflects that and I want to thank each and every one of you for your support over the last 46 days. Mr. Speaker, when I think of the budget it is a structureally balanced. It is a conservative budget. It kept our promises to fund the core services of government. Before I close, and I just want row here. To thank the staff on the back I can tell you not just this staff but this morning I had -- I made unfortunately because of my week from dls come in when they didn't have to. But we have a dedicated staff not only in this chamber, across the way, but on the ninth floor I can tell you that robert and his staff work 24/7 advancing the ideas that we put before them and I want to give them a round of applause. [applause] simply stated we could not do it without them. The gap program, the adm that we did this year, those ideas came out of members working with staff and coming one good ideas. And lastly, Mr. Speaker, on a personal note, this is your my and our last budget together. I want to thank you for the trust that you have placed in me. I fully understand my responsibility and the obligation that I have to those that I serve with and the citizens of the commonwealth. You have allowed me to take the long view of things, you have allowed the committee to operate, you have allowed us to sit down and work towards solutions, to find answers, and to say no and to lead and do what is in the -- for Virginia and what is right for the commonwealth and I want to personally thank you for that. And I will be forever grateful for your confidence. Mr. Speaker, it is my pleasure to deliver to the body conference report on House bill 1500. I hope you will accept our recommendations.
Bill Howell
The gentleman from Loudoun, Mr. Minchew.
Randy Minchew
Thank you, Mr. Speaker. I rise to speak to the bill.
Bill Howell
The gentleman has the floor.
Randy Minchew
Thank you, Mr. Speaker. First and foremost I want to commend chairman Jones and our gifted budget conferees from the House and their hard work in plugging a $1.2 billion hole in our budget something that I didn't think would be possible when we came together in January. The budget that we have today in the conference report, Mr. Speaker is a testament to their legislative gifts and long hours. Mr. Speaker, you probably know there is a "but" clause coming. I'm compelled to note that the budget defunds approximately 25% of the circuit court judiciary in my home county of Loudoun, reducing our number of judicial workforce members from four to three. Our 70-year-old chief judge retired and that judgeship that has become vacant in December was not retired -- not funded. Mr. Speaker, I note that in a bill to amend and House bill 1500 sour House our appropriation -- our House, our appropriation committee funded that. You deployed the finest negotiators we have in the House to defend our budget and I earnestly believe if they could not preserve funding for that judgeship no one could. We have gone from being one of the largest dairy producing counties in the commonwealth to a county that has 70% of the world's internet traffic going through it. That is the county it is our commonwealth's third largest commonwealth, the most fastest growing county, in speaker and on a per capita basis Loudoun County puts more money into the state treasury than any other county. That means our court quarterback dockets, Mr. Speaker are very robust and crowded. If you want a two week bench trial for the trade secrets conversion trial you will be told to wait 18 months and you should consider going to mediation or arbitration. Then, Mr. Beak speaker in light of anything I note that this is a great budget. It is one that has good and bad in it. And I would urge the seven members of our Loudoun Delegate delegation to support the conference report. Voted against the budget report due to a funding a judgeship that is dear to me and members of the delegation would be tantamount to cutting off your nose to spite your face which is not a good idea. This is not a world of finite resources armed with the negotiators we did the best job we could. I want to commend chairman Jones and our gifted appropriators, they did all they could. I yield back and thank them for their work and I would urge approval of this conference committee report. Thank you, Mr. Speaker.
[Unknown]
Mr. Toscano.
[Unknown]
Speaking to the report.
Bill Howell
The gentleman May proceed.
[Unknown]
First of all, I would like to thank the hard work of chairman Jones and the appropriations committee and the conference conferees and the staff who worked so hard to put this budget together and work on this conference report. One of the good things about the process is that people are genuinely interested and open to answering any and all questions whether they are reasonable questions or dumb questions and, of course, all of us have a number of both. But, I think it is good because every time we go through this process people learn a little bit more. Makes us a little bit more effective. Mr. Speaker, ladies and gentlemen of the House, you know, over the summer and the fall, we were reading stories and getting information about this shortfall that was upon us. And you know, when we arrived down here many of us here on this side of the aisle were prepared to support a budget that the governor introduced and prepared to support it because of its emphasis on the things that we consider important. And building that new Virginia economy. Creating good jobs that pay a decent wage. Providing economic opportunity to the broadest cross section of virginians. And we were committed to providing extra dollars for our state police, our law enforcement personnel, our educators whether they be in k-12 or higher education. Our state employees who worked so hard. The governor laid down a marker and that marker was very clear. These folks need more money in their pockets to help support their families. The governor had other things as well in his budget as he tried to balance it, given our structural problems, our financial issues. More money for mental health. Money for economic growth and development. We took that governor's budget, those proposals and worked together with the tollings on the -- with the folks on the other side of the capitol as well as the governor's office to make it even better. When you look at things in the budget there are a lot of them very good. Those raises for k-12 and state employees and state police. Those are all terrific. Remember the governor held out the notion of holding k-12 harmless in the budget. We made sure we it did that in this budget. We made that budget better. The new iddd waivers in this budget are tremendous. The expanding the gap program which the governor proposed originally and we have now embraced is terrific. Is it a perfect budget? No. It is not a perfect budget. There are no perfect budgets. Is it the budget that we might have written? Perhaps not. We get stood on the floor, we talked about more money for cyber jobs, jobs that pay $80,000 a year and jobs that we have open now in Virginia. There is not enough for that in here. The raises come a little bit later than some of us would have wanted. I think everybody in the room if they had their druthers would have druther given the raises earlier than this budget does but the raises are there nonetheless and that is important. We know there is increased funding for k-12 and our per pupil expenditure is now about $5,400, $5,448 in this budget. That is terrific because we are inching up. Let's realize if you adjust for inflation we are still a little bit behind from where we were back in 2007, 2008. There are things to do. A lot of us supported medication expansion partly because we believe and still believe that we could draw down federal dollars that could replace money we are spending out of the state coffers. That that we could use for other initiatives that are not in this budget. We also know that higher ed even though it is done better could use some more help. I think that a lot of us here are committed to providing that help over a period of time as revenues increase. So that is a really good thing. Mr. Speaker, this is your last budget. We have an opportunity to put up a hundred green lights. I don't know if we're going to gloat and going toget there and weigh we recognize we have a lot to do. This is a positive step forward and I hope that we can all support the conference report.
Bill Howell
The gentleman from Loudoun, Mr. Bell.
John Bell
Mr. Speaker, speaking to the bill.
Bill Howell
The gentleman has the floor.
John Bell
Mr. Speaker, I would like to echo the comments of my colleague from Loudoun, Delegate Minchew. And I will be voting for the budget bill. I think it is a very good bill. And I really appreciate the hard work that the conference committee put into it. I just want to also say that Loudoun County is really hurting for that open judgeship. Over the past five years the growth of Loudoun County just the growth is later than the population of 75% of the counties in Virginia. Recently I spent a full day with the commonwealth attorney and met with all of the judges in Loudoun County and they are overwhelmed. Having the judge-open ship open is going to create a hardship and I ask that you remember that this judgeship is a priority and we fund it as soon as we can. Thank you, Mr. Speaker.
[Unknown]
Thank you.
Bill Howell
The gentleman from Suffolk, Mr. Jones.
Chris Jones
Mr. Speaker, two things. I forgot one but I will answer the last two gentlemen's comments on the floor. I understand and appreciate their passion in working for men and women back home that they represent. Just so most will know, a couple of years ago we had the national center for state courts and they did a study and came back and assaned value to all of the judgeships across the commonwealth, circuit, general district court and jdr and there was some concerns when they came back and I think members will remember we put language in the budget last year to direct the center for state courts to redo that work that they had done. We met in the interim with them. We should have a report this November. When we come back and we will be lacking to address the issues -- looking to address the issues raised. Just for disclosure, Senator Norment and I both lost a judge last year in the same format. Don't think it was because you weren't in the room. We went down the list from the highest need to the lowest need and we will do our best to address that concern. I forgot my former seat mate and classmate in the members of the finance committee. We would not be talking today about raises for all of the above had it not been the work of chairman Ware and the members of the finance committee in a providing the addition at resources we need. I want to thank him and give him a round of applause. [applause] my apologies that I missed you but I would ask that we accept the conference report.
Bill Howell
Shall the conference report be adopted? The clerk will close the roll.
Chris Jones
Ayes 96, nos 1.
[Unknown]
Ayes 96, nos 1. The conference report is adopted.
[Unknown]
Continuing with today's calendar. Page 8 of the printed version, House bills in conference. Conference report has been received for Delegate albos it House bill 1525 a bill to amend the code of Virginia relating to revokation or suspension of driver's license laws of other jurisdictions. The conference report distributed, available to the public and is before the body.
Bill Howell
The gentleman from Fairfax exploration Albo .
[Unknown]
Mr. Speaker, ladies and gentlemen of the House, this billdales with what happens when a person gets for example a dui in another state. If the law is substantially similar the dmv will suspend the person's driving privileges in Virginia. The problem is how you would determine that a law is substantially similar and we, this bill believes that the dmv should just lack at the lack and look at the law and determine whether it is substantially similar. They have been calling up other places and asking about the fact. That isn't fair because the driver can't do that. We are saying when the dmv looks at whether it is substantially similar it can look at the statute of the other state and the final order of conviction and that is it. So, this reason we had to do a conference report is we mad to iron out details with the dmv and we worked it out. I hope it would be the pleasure of the House to adopt the conference report.
[Unknown]
Shall the conference report be adopted? The clerk will close the roll.
[Unknown]
Ayes 92, nos 0.
[Unknown]
Ayes 92, nos 0. The conference report is adopted.
[Unknown]
Ms. Mr. Speaker turning to Page 10 of the printed calendar. Conference report is received for Delegate Kilgore 's House bill 1941 which is a bill to amend and reenact related to immunity of persons, defamation, statements of concern communicated to a third-party, statements made at a public hearing. The conference report distributed, available online to the public and before the body.
[Unknown]
Mr. Kilgore.
[Unknown]
We have a little different version here of this bill. What what we did in conference, ladies and gentlemen is removed the matters of public concern definition. We found that the supreme court defined and gave guide in schneider vs. Phelps to matters provided by the first amendment and put some of that language in there about the first amendment protections so by taking out the definition of the matters of public concern from the bill we are allowing the first amendment case file that has been developed subsequent to this schneider case to guide our courts in determining when it to apply the immunity. I spoke to the gentleman from Salem and I think we addressed his addressedhis concerns. I hope that you will adopt the conference report. Thank you.
Bill Howell
The gentleman from Salem, Mr. Habeeb.
Greg Habeeb
Mr. Speaking, speaking briefly to the conference report.
Bill Howell
The gentleman has the floor.
Greg Habeeb
There were 23 of us who voted against this bill before. I think the reason everybody voted against it was because it was equating what a lot of us viewed as commercial speech with first amendment protected speech. I believe the conference report has addressed the concern and specifically limits to first amendment protected speech. There are lanes the court has drawn. If you voted against the bill because of the conflation, I would encourage you to vote for the conference report.
Bill Howell
Shall the conference report be adopted? The clerk will close the roll.
[Unknown]
Ayes 9, 97, nos 0.
[Unknown]
Ayes 97, nos 0. The conference report is adopted.
[Unknown]
Mr. Speaker, turning to the next category, Senate bills or joint resolutions in conference. Conference report has been received for Senate bill 1005 for which Delegate Farrell was the lead conferee on the part of the House. A bill to amend and reenact sections of the code relating to community service boards and be a maveoral health authorities services to be provided. The conference report distributed, available online and it is before the body.
Bill Howell
The gentleman from Henrico, Mr. Farrell.
Peter Farrell
Thank you, Senate bill 1005 is identical to House bill 1549, the conference report will be applicable to both bills. Keam same day access in the code and keeps what was originally in there, primary care access and card coordination. The enactment clause in the original bill was 2018 and now moved to 2019 and that is at the request of the department to give them a little more time. The same day access is funded in the budget. There are a number of other services that the Deeds commission would lake the lake the department to -- like the department to start working on. The Senate want those listed in the code that we on the House side believed that let's put those in the enactment clause directing them to work on it until we actually is a solid agreement of what should be in the code. So those things that we all want the argument became code or not code. We all agreed to put it in an enactment code instead of the code. I hope it would be adopted.
Bill Howell
Shall the conference report be adopted? The clerk will close the roll.
Peter Farrell
Ayes 97, nos 0.
[Unknown]
Ayes 97, nos 0. The conference report is adopted.
[Unknown]
Continuing within this tag, Page 14 soon the printed calendar. A conference report received for 1063 a bill to amend and reenact relating to the state board of corrections membership. The conference report distributed, available online and before the body.
[Unknown]
I want to go through this not to give you the history but make sure you know what is in the bill. A House bill and Senate bill came through and this is about investigating what happens in a jail and it was prompted by the j amichael mitchell case. We said nobody is taking ownership over jail investigations and you have everybody pointing fingers and we don't know to this day what happened there. Let's make sure that doesn't happen again. When the House bill came through there was no money in the budget but they said we will keep working on this and I want to give them credit because that is what this he did. We worked with Senator Deeds. This rearranges the makeup of the board and changes from a fairly casual civilian Ward to a board to a well trained board and gives them a staff and says the investigator is responsible for doing investigations in the jails. It says if somehow we get two investigations at the same moment they can go to doc to get additional manpower and if there is something outside the jail that the inspector general is supposed to be working on they will bring in the inspector general. I think it is a good bill and will make it clear how it should be investigated and hopelely if some tragedy occurs in the coming year you won't have a family wondering what happened to their loved one. I hope it would be the pleasure to adopt the conference report.
Bill Howell
Shall the conference report be adopted? The clerk will close the roll.
[Unknown]
Ayes 90, nos 0.
[Unknown]
Ayes 90, nos 0. The conference report is adopted.
[Unknown]
Turning to Page 15, conference report has been received for Delegate Gilbert for which he has been the lead conferee, Senate bill 1312, a bill to amend various sections of the code relating to the lobby lobbyist, filing required disclosurures and other things. It has an emergency clause on it. The conference report is distributed, available online and before the body.
[Unknown]
This is similar to the bill we voted on yesterday the House ethics bill and I would move the adoption of the conference report.
Bill Howell
Shall the conference report be adopted? The clerk will close the roll.
[Unknown]
Ayes 93, nos 0.
[Unknown]
Ayes 93, nos 0. The conference report is adopted.
[Unknown]
Turning to -- continuing on Page 15 excuse me. The conference report has been received for Senate bill 1493. A bill to amend the code of Virginia relating to the Virginia community college system computer science training and professional development activities for public school teachers. The conference report distributed, available online and is before the body.
Bill Howell
The gentleman from Loudoun, Mr. Greason.
Tag Greason
This conference report for Senate bill 1493 is identical to the conference report for House bill 1663 that dealt with computer science training for teachers and professional development. They are identical. I move that we accept the conference report.
Bill Howell
Shall the conference report be adopted? The clerk will close the roll.
Tag Greason
Ayes 97, nos 0.
[Unknown]
Ayes 97, nos 0. The conference report is adopted.
[Unknown]
Continuing on Page 15, one before that, a conference report has been received for Senate bill 1413 a bill to amend and reenact a section of the code relating to immunity of persons, defamation, statements regarding matters of public concern communicated to a third-party.
Bill Howell
The gentleman from Scott, from Kilgore .
[Unknown]
This is the same as House bill 1941 and the same explanation applies. I hope it would be the pleasure of the House to adopt the conference report for Senate bill 1413.
Bill Howell
Shall the conference report be adopted? The clerk will close the roll.
[Unknown]
Ayes 95, nos 0.
[Unknown]
Ayes 95, nos 0. The conference report is adopted.
[Unknown]
Continuing to Page 16 of the printed calendar. Senate bills in conference. Conference report has been received for Senate bill 1574, a bill to amend and reenact various sections of the code and repeal one another relating to the Virginia economic development partnership authority. The conference report report has been distributed, is available online and it is before the body.
[Unknown]
Mr. Jones.
[Unknown]
This is a vedp reform bill. J lark came out with 35 recommendations for the consideration jes the conference report before you differs from what was passed in this chamber down to the other end of the capitol. There are 17 members that are in this report as opposed to 11. We have added a secretary of finance. We have said that the secretary of commerce and trade will serve as vice chairman of the board. We have added there are seven gubernatorial nonlegislative citizen appointments and there are four appointments by the legislature through joint rules. We to have a requirement now of geographic representation across the commonwealth with one member of the board which could be ex officio from each go Virginia region. There is a subcommittee that will look to be able to verify that from the employment commission et cetera that the metrics are being met by these entities that we give dollars to. Let's see. All reporting will be done to the jlark special sub committee on economic development and we have changed the name from advisory committees to committees for business development and marketing and one for trade. I would note that there was some concern, I want to thank Delegate Landes, he had the budget language or bill last year that was going to create the Virginia international trade commission and agreed in December to hold off on that and we would look at this bill and what we have now is we still have trade within the edp but what will occur is on the committee for trade we will have three members that will come from a list provided by the Virginia manufacturers' association that will be closen to go on to that committee. Let's see. I believe that is pretty much all that we have got. If you have any questions I would be glad to answer it. I hope it would be the pleasure conference report. Of the body to accept the
Bill Howell
The gentleman from Charlottesville, Mr. Toscano.
David Toscano
Will the gentleman yield for a question?
[Unknown]
Does the gentleman yield?
David Toscano
I yield.
[Unknown]
The gentleman yields.
[Unknown]
I understand there were a lot of people who worked a long time on getting this thing right. And would it be my assumption that the governor's office was deeply involved and they support this conference report?
[Unknown]
Mr. Speaker, if I May, I guess I 'm not totally on my game today, I meant to thank delegates Massie, O'Bannon for their work with nor Ruff and our staff. We worked with secretary heymore and a collective effort on behalf of the two chambers here and the governor's office.
[Unknown]
Thank you, Mr. Speaker.
Bill Howell
Shall the conference report be adopted? The clerk will close the roll.
[Unknown]
Ayes 96, nos 0.
[Unknown]
Ayes 96, nos 0. The conference report is adopted.
[Unknown]
Mr. Speaker, returning to Page 10 of the printed calendar. Page 10. A conference report has been received for Delegate Orrock 's House bill 1837 which is a bill to amend and reenact sections offed code relating to the license or exemptions private preschool programs. The conference report has been distributed, is available online and it before the body.
Bill Howell
The gentleman from care lane, Caroline Mr. Orrock.
Bobby Orrock
This has the intent of treating private education programs the same as public education program. Private school education programs have to receive accreditation. Those accrediting entities are approved by the state department of education and what we are doing is making clear that these are not child daycare programs but rather truly educational programs. The only difference you see in the measure before you that was resolved in conference between the House version we saw earlier is we have one additional requirement on Page 4 of the substitute where we build in pupil to instructor ratios and are holding montessori programs which are some what of a different educational model exempt from those same requirements. I move the adoption of the conference report.
Bill Howell
The gentleman from Alexandria, Mr. Levine.
Mark Levine
Mr. Speaker will the gentleman raise for a question?
[Unknown]
Will the gentleman yield?
Mark Levine
I yield.
[Unknown]
The gentleman yields.
[Unknown]
I would ask my esteemed chairman of the health institutions committee when he explained this bill before us in the committee that I originally voted for it said specifically that religious daycare centers would be licensed under the same standards as nonreligious daycare centers but in the new conference report that just came out it appears on line 184 this would actually exempt religious daycare centers from licensure and I want to know if I have got that right?
[Unknown]
Mr. Speaker, my apologies, could he give the line cited again because the written version I have is not line 184.
[Unknown]
What I have -- May I ask the question, Mr. Speaker?
[Unknown]
I beg your pardon.
[Unknown]
Will the gentleman yield again?
[Unknown]
I yield.
[Unknown]
Will the gentleman yield?
[Unknown]
I yield.
[Unknown]
The gentleman yields.
[Unknown]
Maybe we could take it by and chat about it. I have s.B. 139 s 2, Page four line 18 through 183 through 187 it says the following child day programs shall not be required to be licensed and then it goes on to say a child day program or center operator conducted as a religious institution. That is what I 'm reading from.
[Unknown]
I would respond looking House bill 1837 --
[Unknown]
I have another question, Mr. Speaker. My understanding and I apologize s.B. 1239 is the companion.
[Unknown]
No.
[Unknown]
I apologize.
[Unknown]
Never mind.
[Unknown]
All right.
Bill Howell
Shall the conference report be adopted? The clerk will close the roll.
[Unknown]
Ayes 93, nos 0.
[Unknown]
Ayes 93, nos 0. The conference report is adopted.
[Unknown]
Returning to Page 8. A conference report has been received for House bill 1549 a bill to amend and reenact several sections of the code relating to community services boards and behavioral health authority services to be provided. Are the the conference report is distributed available online and before the body.
[Unknown]
Mr. Farrell.
[Unknown]
That is identical to the conference report approved to Senate bill 1005 and I move that we adopt the conference report.
Bill Howell
Shall the conference report be adopted? The clerk will close the roll.
[Unknown]
Ayes 94, nos 0.
[Unknown]
Ayes 94, nos 0. The conference report is adopted.
[Unknown]
Moving forward to Page 12 of the printed calendar. Conference report received for Delegate Jones. H.B. 2471 which is a bill to amend various sections of the code repeal one other rae lating to the Virginia economic development authority membership powers and duties. The conference report is distributed, available online and before the body.
[Unknown]
This is identical to Senate bill 1574 on Page 16. I would ask that we would accept the conference report.
Bill Howell
Shall the conference report be adopted? The clerk will close the roll.
[Unknown]
Ayes 95, nos 0.
[Unknown]
Ayes 95, nos 0. The conference report is adopted.
[Unknown]
Continuing on Page 12. Conference report has been received for Delegate Albo 's House bill 2366 which is a bill to amend and reenact sections of the code, repeal several others relating to procurement by public bodies requirements for use of construction management and design build contracts. The conference report distributed, available onlane and it is before the body.
Bill Howell
The gentleman from Fairfax Mr. Albo.
Dave Albo
This is controversial. It is entirely boring but it is controversial. I feel like it is my duty to tell you what is in it. This deals with the about topic of about when a public body, local government state or higher education wants to build a public building. The law says you are supposed to build it using competitive sealed bids. Get the designs and put out a request for proposals or an rfp and people submit how much money they will ask for in exchange for building that building. That way you get the best bang for your buck. Now, there are certain types of projects that can't be done that way because they are highly complex or historical so the best idea to get in your Head is what happens when you redo the rotunda at uva which is one of the ten architectural master meess of the world. You can't do a competitive sealed bid so they use these orthians called construction management at risk, okay. Now there has become some controversy because the smaller contractors believe that a lot of government buildings are being built using this construction management risk when they are really not that complex. For example, you shouldn't be using these alternative things to build a parking deck because that is pretty easy to do. I told you it was going to be boring but you got to know because you will have some people call. So, the reason the small contractors are upset is because they don't have the ability to do a construction management at risk. That requires having an engineer on staff, it requires having an architect and all this other stuff that small contractors can't do. They believe they are being squeezed out of business and they presented evidence that in higher education 90% of the buildings over $5 million have been built using this construction management risk. 90%. And what their point is, that is impossible, something it wrong. So we have been arguing about in in general laws for three years. We created a study committee basically a government procurement study committee that the gentleman from Suffolk chaired and when he went to appropriations it got laid on my lap and that is why I 'm boring you with the story. It is longer than the budget talk. [laughter]
[Unknown]
So what this bill does is not what the small contractors 100% wanted and it is not what higher education 1% hundred percent wanted, it as compromise. If you use a construction program other and competitive sealed bids you have to submit the proposal to the department of general services and they have to analyze the proposal to be sure that this project is complex and they will issue a statement it is complex, you can use this or it is not complex and you shouldn't use it. And if the public body still wants to do it they have to file a report. What we are hoping is that this is going to solve the problem because it will put sunlight on it. Sunlate light is government's great disinfectant. We are hoping if the puck lick bodies have to put in writing why they did this we think that the bad acting will stop. I hope it would be the pleasure of the House to adopt the conference report.
Dave Albo
Mr. Speaker, would the gentleman yield for a question?
[Unknown]
Would the gentleman yield?
[Unknown]
I yield.
[Unknown]
The gentleman yields.
[Unknown]
I ask the gentleman, I think one of the main points of contention during the course of this legislative process and this bill was something involving the threshold, the 10 millioned vs. I think what some other people were wanting which was the higher threshold. Is any of that changed? I don't think any of that is changed but could he just inform the body.
[Unknown]
I will answer the gentleman first by saying I thought you were going to tease me for being boring but you asked moo he a real question so. One of the things this dose is it doesn't have any threshold at all. You will all all projects whether 1 dollar or a billion dollars will be lacked attaboy general services. That would be the part that some of the entities don't like and the part that the small contractors will like.
Bill Howell
Shall the conference report be adopted? The clerk will close the roll.
[Unknown]
Ayes 95, nos 0.
[Unknown]
Ayes 95, nos 0. The conference report is adopted.
[Unknown]
Turning to Page 14 of the printed calendar. A conference report has been received for Senate bill 1239 for which the chief House conferee is Delegate Orrock. Senate bill 1239 a bill to amend and reenact relating to child day programs exemption from licensure. The conference report distributed, available online and is before the body.
[Unknown]
May that bill go by temporarily, place?
Bill Howell
Without objection, by temporarily. The House will be at ease. [House at ease]
Bill Howell
The House will come to order. Members please take your seats. I wish you would share that with us up here. We can't -- [no audio]
[Unknown]
The clerk has a conference report or two.
[Unknown]
Mr. Speaker turning to Page 14, a conference report received for Senate bill 1239, a bill to amend and reenact sections of the code relating to child day programs exemption from licensure. The conference report distribute the. Available online and is above the body.
Bill Howell
The gentleman from Caroline, Mr. Larock.
Dave LaRock
When Senate bill came to us in hwi committee it was -- Mr. Orrock. This was the result of a study initiated in the budget last year at the request of the Senate. It involved stakeholders and no legislative input but the product of that study group and that work group was to separate out six entities that is previously been totally exempt from child daycare licensure and the original bill that came to us said five of those six entities would beginning in 2018 2018 have to comply with three different provisions, relative notification that they are there, a posting to the public that they were not licensed, and then for three of the five entities, there were certain other reporting requirements training standards, facility safety provisions, things of that nature. The two left out of the additional requirements were the parks and recs and other government run programs and the premise behind that was because these were local government run you have local government oversight of the facilities and it would not necessarily require dss to be as directly hands on. The contention that arose as a result of the Senate bill and this came up in hwi and why that we made some amendment language to get it in conference was because one of the six was the currently religious exempt entities that have a separate code section that dictates the criteria where heretoforehere are the conditions they have to comply with. As we went through the conference process, the point we have come to is that we will treat religious exempt the same. And that was the argument as we went to the Senate in negotiation, pick which side but either religious exempt sets the standard for all of the others, or the others set the standard for religious exempt because the fundamental question that I approached the Senator with, is there any in in any inherent greater danger to children and, of course, all I us would agree the answer to that is no. The conference report you see before you makes religious exempt have to comply with all of the other provisions of the five new categories we have now put in with having toify dss. It, however, for the religious exempt does it one year earlier than all of the other five entities. And the enactment language, religious daycare facilities because they currently are under 1216 in a separate carveout, they will have to comply with these new regulations of this bill going forward effective this July 1. So that they don't fall off the map as it were we already know where they are. We are going to ensure July 1 we still know where they are, the two fundamental changes it will make for a religious daycare center is, one, there will not be a mandatory in code staffing ratio. And secondly, because we going to be repealing that 1216 section, that is the trigger that has been interpreted by the federal government that would mandate the religious daycare providers have to undergo the fingerprint background check whether they are receiving any federal moneys or not. If that bill goes forward, one, July 1 of this year religious daycare centers will still be exempt but they will come under the requirements we write in the statute here of notification, safety standards, personnel training, things of that nature. They will still have to report any and all emergency incidents that occur in the facility, any deaths, things of that nature, they will not gos if any are not taking federal money have to undergo a background check. All of the five other entities come under the same provisions July 1 of 2018. In the enactment language the House appropriations enactment language prevailed in the conference report where dss will let appropriations know by next year's budget what the projected cost of these additional five entities having to come in now and notify and having oversight so that budget process can anticipate that. And otherwise, what we did different from the bill that came over from the Senate was we just made the policy change that exempt -- is exempt, we did not feel there was any greater risk in run area than another and so we now put religious in with the other entities exempt and here is the criteria. The bill also in an enactment language has dss let us know by December of 2018 how this is working, looking at these exemptions looking at the licensure criteria, looking at the whole child did I daycare issue and then they will have to at least every four years thereafter produce to the general assembly that same type of report. That is the bill as it stands before us, Mr. Speaker. I hope it would be the pleasure of the body, I move the passage of the conference report.
Bill Howell
The gentleman from Alexandria, Mr. Levine.
Mark Levine
Mr. Speaker, will the gentleman yield for a question?
[Unknown]
Will the gentleman yield?
Mark Levine
I yield.
[Unknown]
The gentleman yields.
[Unknown]
I would ask the gentleman whether it is true and these things come fast and furious, this just came and I do afollow guise for confusing the companion bill. Is it true under the current version the conference report that the background checks required for nonreligious organizations will not be required for religious organizations.
[Unknown]
What this will do Mr. Speaker is say that starting July 1, dss background checks which are name only background check will be the policy going forward for religious exempt and all of these other exempt entities. The only difference is because religious exempt when this was written into statute over 20 years ago and nobody in envisioned this coming down the road and religious exempt was probably the single biggest nonprivate party daycare entity because I was part of the group that crafted this legislation 25 years ago, we kind of drew the line in the sand saying religious exempt you have to at least do this as we have seen a greater proliferation of other providers of child daycare needs beyond the private sector. That is what has led us to the point today of saying now we have got so many others that don't have to be licensed do we need to at least know where they are, know what types of facilities they are, but then if we are going to do that let's treat them all the same because the legislation of 25 years ago created a separate section for religious exempt. The title 1612 piece that we repealed through this conference report. That is what has triggered under the federal definition which I think is too broad, of who has to do the fingerprint background check that even religious entities who don't take any federal money would have to have the fingerprint background check at their own expense.
[Unknown]
I apologize, Mr. Speaker.
[Unknown]
Mr. Levine.
[Unknown]
I do have one more question if the gentleman will yield.
[Unknown]
Will the gentleman yield?
[Unknown]
I yield.
[Unknown]
The gentleman yields.
[Unknown]
Are the standards that apply to nonreligious apply to religious. If that is the answer I will vote for this bill.
[Unknown]
The answer is yes they are all treated the same.
[Unknown]
Thank you, Mr. Speaker.
Bill Howell
Shall the conference report be adopted? The clerk will close the roll.
[Unknown]
Ayes 89, nos 7.
[Unknown]
Ayes 89, nos 7. The conference report is adopted.
[Unknown]
Continuing on Page 4. A conference report received on Senate bill 1249 the leal conferee is Delegate Albo. Senate bill 1129. Precorement by public bodies, desane build contracts. The conference report distributed and available before the body.
[Unknown]
The same bill as the one I just discussed. Blah, blah, blah, blah, blah. Place adopt the conference report.
[Unknown]
Shall the conference report be adopted?
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 95, nos 0.
[Unknown]
Ayes 95, nos 0. The conference report is adopted.
[Unknown]
Mr. Speaker, at this time, we have no more conference reports submitted and more importantly we are not anticipating any from what everyone said so if we are incorrect here at the front desk, if someone would let us know. Otherwise there is no further business before this body.
[Unknown]
Mr. Speaker.
Bill Howell
The gentleman from Suffolk ?
[Unknown]
Are we in the morning hour.
[Unknown]
In a minute we will be there.
[Unknown]
Okay, thank you.
Bill Howell
The gentleman from Prince William, Mr. Lingamfelter.
Scott Lingamfelter
Is that it?
[Unknown]
Mr. Speaker, that completes the calendar. [cheers and applause]
Scott Lingamfelter
Does the clerk have any announcements?
[Unknown]
Simply remind the body to look inside your desk and remove any and all items especially perishables. We are not going to do any science experiments. There are no further meetings or anything else. Thank you.
Bill Howell
The gentleman from Suffolk, Mr. Jones.
Chris Jones
Morning hour. I have just a couple of comments. I'm sorry that I was out the last couple of days but we to have a member that has already announced that she is not returning. And I felt it would be important just to have something else to say about the gentle lady from Norfolk. Mr. Speaker and ladies and gentlemen, daun has left a lasting impression. I have known daun for many years and first elected to the Norfolk city council in the mid 90ss. And served admirably in 2010. She ran in 2012 to the seat that she holds today and in the spring or summer of 2013 I had the opportunity when we had an issue with Norfolk state to meet and our dearly departed Norfolk state. Colleague's office and discuss and that was the first time I really sat down with daun to just see her up close and personal and I was impressed with her demeanor her intellect and resolve to address something that was going to be probably a sticky wicket if you want to use that term. She was more than having to discuss openly with what the challenges were at Norfolk state and the thinks she thought ought to occur. I was so impressed I ask the speaker, Delegate Cox and I do put sherr on the appropriations committee. She has served since 2014 on the committee and I have been impressed with her. Quincy I know will be glad to have her gone full time, not gone January and February each and every year. She has been a delight to have on the committee and in the chamber and someone I think we can aspire to who is quiet in her demeanor but intense in what she believes in. I know I will miss you greatly and your smile and the way you always inquire about my family and I want to make sure from this side of the aisle you know that we appreciate all that you have done for us and we look forward to seeing you in the future because I 'm sure you will be up here lobbying us for something we have done wrong. I just want to say thank you for your service. [applause]
Bill Howell
We shall, indeed, miss the gentlewoman from Norfolk but we wish you the best on your next endeavor.
Chris Jones
We are at the point now where we can inform the Senate that we are ready to go cnada. But they have apparently already gone. We will skip that pa are the part and go to the gentleman from Colonial Heights, Mr. Cox.
Kirk Cox
Ms., Mr. Speaker I move the houseadjourn sine die.
[Unknown]
As many as favor that motion will aaye. Those opposed no.
Kirk Cox
The motion is agreed to.
[Unknown]
The House will come to order. Members, please take your seats.