Transportation, Department of; installation of broadband conduit on public highways. (HB912)

Introduced By

Del. Randy Minchew (R-Leesburg) with support from co-patron Del. Buddy Fowler (R-Ashland)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Department of Transportation; installation of broadband conduit on public highways. Allows the Department of Transportation to permit broadband service providers to install conduit capable of housing fiber optic cable to provide broadband service on public highways. Read the Bill »

Status

04/01/2016: signed by governor

History

DateAction
01/12/2016Prefiled and ordered printed; offered 01/13/16
01/12/2016Committee
01/12/2016Prefiled and ordered printed; offered 01/13/16 16103946D
01/12/2016Referred to Committee on Transportation
01/21/2016Assigned to sub: Subcommittee #4
01/21/2016Assigned Tansportation sub: Subcommittee #4
01/21/2016Assigned Transportation sub: Subcommittee #4
02/02/2016Impact statement from DPB (HB912)
02/03/2016Subcommittee recommends reporting with amendment(s) (7-Y 0-N)
02/09/2016Reported from Transportation with substitute (21-Y 1-N) (see vote tally)
02/09/2016Committee substitute printed 16105129D-H1
02/10/2016Read first time
02/11/2016Read second time
02/11/2016Committee substitute agreed to 16105129D-H1
02/11/2016Engrossed by House - committee substitute HB912H1
02/12/2016Read third time and passed House (97-Y 0-N)
02/12/2016VOTE: PASSAGE (97-Y 0-N) (see vote tally)
02/15/2016Constitutional reading dispensed
02/15/2016Referred to Committee on Transportation
02/24/2016Rereferred from Transportation (13-Y 0-N) (see vote tally)
02/24/2016Rereferred to Courts of Justice
02/29/2016Reported from Courts of Justice (13-Y 1-N) (see vote tally)
03/01/2016Constitutional reading dispensed (38-Y 0-N) (see vote tally)
03/02/2016Read third time
03/02/2016Floor substitute printed 16105959D-S1 (Obenshain)
03/02/2016Reading of substitute waived
03/02/2016Substitute by Senator Obenshain rejected 16105959D-S1
03/02/2016Passed Senate (37-Y 3-N) (see vote tally)
03/04/2016Enrolled
03/04/2016Bill text as passed House and Senate (HB912ER)
03/04/2016Signed by Speaker
03/07/2016Signed by President
03/07/2016Impact statement from DPB (HB912ER)
03/08/2016G Governor's Action Deadline Midnight, Monday, April 11, 2016
03/08/2016Enrolled Bill communicated to Governor on 3/8/2016
03/08/2016G Governor's Action Deadline Midnight, Sunday, April 10, 2016
04/01/2016G Approved by Governor-Chapter 655 (effective 7/1/16)
04/01/2016G Acts of Assembly Chapter text (CHAP0655)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 1 clip in all, totaling 21 minutes.

Transcript

This is a transcript of the video clips in which this bill is discussed.

BILL 875 WILL GO BYE FOR THE DAY. HOUSE BILL 912, A BILL RELATING TO THE DEPARTMENT OF TRANSPORTATION RIGHT TO PERMIT BROADBAND SERVICE PROVIDER TO INSTALL BROADBAND CONDUIT ON PUBLIC HIGHWAYS. REPORTED FROM THE COMMITTEE YO FOR COURTS OF JUSTICE AND THERE IS A FLOOR SUB. THE SENATOR FROM ROCKINGHAM. MR. PRESIDENT, I MOVE TO WAIVE THE READING OF THE FLOOR SUBSTITUTE. THE QUESTION IS SHALL THE READING OF THE FLOOR SUBSTITUTE BE WAIVED. ALL IN FAVOR SAY AYE. THOSE OPPOSED, NO. THE AYES HAVE IT. SNORT FROM ROCKLE HAM. THIS BILL DEALS WITH A CERTAIN CATEGORY OF ROADWAYS CREATED BY ESSENTIALLY PUBLIC HIGHWAYS CREATED BY STATUTE AND THESE STATUTORY ROADWAYS EXIST ON PRIVATE PROPERTY. PROPERTY THAT IS OWNED BY INDIVIDUALS. SO THEY HAVE A FEE INTEREST IN THE. UNDER LYING PROPERTY UPON WHICH THE ROADS WERE BUILT. AND THE ROADS ARE THE ONLY USE FOR WHICH THERE IS ANY ABILITY FOR THE PROPERTY TO BE USED AND I SUPPOSE THERE WAS AT SOME POINT A FAIR QUESTION AS TO WHETHER YOU KNOW, A PROPERTY OWNER UPON WHOSE PROPERTY THAT THE ROAD IS BUILT HAS SUFFERED SOME KIND OF A TAKING. FOR THE MOST PART THOSE PROPERTY OWNERS THEY DON'T CARE BECAUSE IT PROVIDES A SIGNIFICANT ADVANTAGE TO THEM, IT HAS BEEN THERE SINCE THE BEGINNING OF TIME AND MOST OF THE ROADS CREATED UNDER THE STATUTE PROVIDE THE ONLY MEANS OF INGRESS AND EGRESS FOR THAT PIECE OF PROPERTY. HOWEVER, OUR CONSTITUTIONAL PROPERTY PROTECTIONS ALLOW THE TAKING OF PROPERTY FOR A PARTICULAR REASON. AND IN THIS INSTANCE IF THERE HAS BEEN A TAKING IT HAS BEEN TAKEN FOR A ROAD. FOR A TRANSPORTATION PURPOSE ONLY. AND YOU KNOW, I HAVE GOT A LOT OF RURAL AREA IN MY DISTRICT AND I AM EXTREMELY SENSITIVE TO THE DESIRES OF RURAL BROADBAND PEOPLE WHO WANT RURAL BROADBAND AND I THINK THIS IS A VERY CREATIVE WAY OF TRYING TO THREAD THE NEEDLE AND GET RURAL BROADBAND TO PEOPLE. THIS BILL PROVIDES THAT IN THOSE ROADWAYS OR IN THE RIGHTS OF WAYS CREATED UNDER THIS STATUTE THAT VDOT CAN GIVE PERMISSION FOR DROPPING FIBER ON MY PROPERTY OR ON YOUR PROPERTY. AND YOU KNOW, IT MAY NOT SEEM LIKE A BIG DEAL AND IT MAY NOT BE A VERY BIG TAKING, BUT THIS IS PRIVATE PROPERTY. AND THESE ARE PRIVATE PROPERTY RIGHTS. AND I AM NOT OPERATING UNDER ANY ILLUSION HERE THAT -- MR. PRESIDENT, WOULD THE GENTLEMAN YIELD FOR A QUESTION OR TWO OR THREE. YIELD FOR A YES. I WOULD YIELD. HE YIELDS, SENATOR. MR. PRESIDENT, I WOULD ASK THE GENTLEMAN IF SOME OF THE FLOOR AMENDMENT IN THE NATURE OF THE SUBSTITUTE CONTAIN THE LAST WORDS EVERYTHING ELSE IS EXACTLY THE SAME. THE SENATOR FROM ROCKINGHAM? MR. PRESIDENT, THAT IS ACCURATE. MR. PRESIDENT WOULD THE GENTLEMAN YIELD FOR AN ADDITIONAL YES. I YIELD. I ASK IF THIS AMOUNT WAS OFFERED IN COMMITTEE? THE SENATOR FROM ROCKINGHAM. MR. PRESIDENT, THIS AMENDMENT WAS NOT OFFERED IN COMMITTEE. THERE WAS NO AMENDMENT OFFERED IN COMMITTEE. WOULD THE GENTLEMAN YIELD FOR AN ADDITIONAL QUESTION. I YIELD. HE YIELDS, SENATOR. I ASK IF THE FLOOR AMOUNT IS ADOPTED WOULDN'T IT MAKE THE BILL IN FACT RENDERED A NULLITY. THE SENATOR FROM ROCKINGHAM. MR. PRESIDENT, IT WOULD NOT. THE SENATOR FROM BATH. AT THE APPROPRIATE TIME I WOULD LIKE TO SPEAK TO THE BILL. SPEAK TO THE FLOOR SUBSTITUTE. THANK YOU. PLEASE CONTINUE, SENATOR. THANK YOU, I APPRECIATE THE COURTESY. MR. PRESIDENT, WHAT I WOULD SAY TO THE MEMBERS OF THE BODY IS WHAT THIS BILL DOES OR THIS AMENDMENT DOES IS IT CURES THE CONSTITUTIONAL INFIRMITY. WE EITHER CARE ABOUT PROPERTY RIGHTS OR WE DON'T. AND IF THERE IS A TAKING, NO MATTER HOW BIG OR SMALL, IT IS A TAKING. AND I AM HERE TO TELL YOU THAT THIS BILL AS WELL INTENTIONED AS IT IS AND MAY VERY WELL AFFECT THE EXTENSION OF RURAL BROADBAND IN AREAS THAT NEED IT AND EXTEND IT TO, BUT I AM TELLING YOU IT IS UNCONSTITUTIONAL AND IT IS AFFECT -- EFFECTING AN UNCONSTITUTIONAL TAKING AND I THINK WE OWE IT TO THE CITIZENS WE ARE CHARGED WITH PROTECTING THEIR CONSTITUTIONAL RIGHTS WE OWE IT TO THEM TO PROTECT TEMPERATURE AGAINST CONSTITUTIONAL INFRINGEMENTS LARGE AND SMALL AND IN IS A SMALL INFRINGEMENT UPON THEIR CONSTITUTIONAL RIGHTS WITHOUT THIS LANGUAGE BUT MAKE NO MISTAKE ABOUT IT, IT IS INFRINGING ON THEIR CONSTITUTIONAL RIGHTS AND YOU MAY MAKE A DETERMINATION IT IS NOT ENOUGH AND THE MEANS JUSTIFY THE ENDS BUT IT IS JUST WRONG. SO WHAT THIS LANGUAGE DOES IS SAYS THAT IF A BROADBAND PROVIDER IS DROPPING FIBER ON ONE OF THESE ROADS THAT THEY CAN'T DO THIS ON THIS PROPERTY UNLESS THEY ASK ME. VDOT USED TO REQUIRE THE BROADBAND PROVIDERS TO ASK BUT THEY JUST QUIT REQUIRING IT AND AS A CONSEQUENCE I SUSPECT THAT THE BROADBAND PROVIDER IS ARE GOING TO BE ABLE TO LAY FIBER IN A LOT OF AREAS IF THEY ARE SO INCLINED. I THINK A BROADER QUESTION IS WHETHER THIS BILL IS GOING TO ACTUALLY MAKE A DIFFERENCE TO A LOT OF RURAL BROADBAND POTENTIAL SUBSCRIBERS BUT THIS AMENDMENT WILL SOLVE THE CONSTITUTIONAL INFIRMITY OF THE UNDERLYING BILL. THANK YOUNESS SENATOR. THE SENATOR FROM ROANOKE CITY, SENATOR EBBIN.

Sen. Adam Ebbin (D-Alexandria): SPEAKING TO THE FLOOR AMENDMENT. I WOULD HOPE THE BODY WOULD REJECT THE FLOOR AMENDMENT. THIS WOULD ABSOLUTELY GUT THE BILL BECAUSE IT WOULD REQUIRE THOSE BROADBAND PROVIDERS TO OBTAIN PERMISSION FROM EACH AND EVERY LAND OWNER. CAN YOU IMAGINE DOING THAT? THEY ARE NOT GOING TO DO IT. IT IS ENTIRELY TOO ONEROUS TO DO THAT. SPEAKING TOTHE CONSTITUTIONAL QUESTION, MR. PRESIDENT, THIS GENERAL ASSEMBLY PASSED THAT RUBICON BACK IN 1936. A BILL PASSED THAT ALLOWS NEWSPAPERS TO BASICALLY PIGGYBACK THE EASEMENTS THAT THE HIGHWAY DEPARTMENT HAS IN PUTTING DOWN RURAL HIGHWAYS AND PROVIDED THAT NEWSPAPER ROUTE BOXES CAN BE PLACED A LONG AND ON THE RIGHTS OF WAYS OF PUBLIC HIGHWAYS. IT IS NOT CONSTITUTIONAL. IT HAS BEEN DONE BEFORE. AND SO SOMEBODY DID IT. 1936. THAT HAS NEVER BEEN CHALLENGED. MR. PRESIDENT, I WOULD HOPE WE WOULD GO FORWARD WITH THIS BILL. IT IS MUCH NEEDED, NOT THE AMENDMENT, TAKE OUT THE AMENDMENT BUT THE BILL ITSELF AND I WILL SPEAK TO THAT LATER IS VERY IMPORTANT TO THE RURAL AREA OF THE COMMONWEALTH OF VIRGINIA.

[Unknown]: THANK YOU, SENATOR. THE SENATOR FROM FRANKLIN COUNTY, SENATOR STANLEY.

Sen. Bill Stanley (R-Moneta): SPEAKING TO THE FLOOR AMENDMENT.

[Unknown]: THE SENATOR HAS THE FLOOR.

Sen. Bill Stanley (R-Moneta): MR. PRESIDENT, YOU HEARD MANY TIMES FROM ME THAT WHAT WE ARE TRYING TO DO IT CHANGE OUR CHICK FORTUNES IN THE RURAL AREA TO WHICH I REPRESENT AND MANY PEOPLE HERE REPRESENT. AND TALKING AND DISCUSSING WITH THE BILL I NOW UNDERSTAND THERE ARE AT LEAST SIX SENATORS THAT CLAIM TO HAVE MORE RURAL ROADS THAN ANYBODY ELSE WHO SITS IN THIS CHAMBER. FIVE OF US HAVE TO BE NOT RIGHT. BE THAT AS IT MAY. WHAT WE ARE RIGHT ABOUT IS THE OPPORTUNITY THAT THIS BILL PRESENTS TO BRING THAT CONNECTIVITY TO INFORMATION, TO THE WORLD, FOR EDUCATION, FOR HEALTH BENEFITS TO THE RURAL AREAS THAT OTHERWISE WE DON'T I AM REMINDED NOT ONLY ON THE HAVE. ROADS WHICH I HAVE THE MOST OF IN ALL OF VIRGINIA, I SEE A LOT OF PEOPLE SHAKING THEIR HEADS, THEY THINK THEY HAVE IT, BUT IN ALL THOSE ROADS LET US BE REMINDED ALONG THOSE RIGHTS WITHIN THE RIGHT-OF-WAY ARE UTILITIES. DO WE CONSIDER ON THE SAME LEVEL FIBER OPTIC TABLE FOR HIGH SPEED INTERNET TO BRING OPPORTUNITIES FOR EDUCATION, EMPLOYMENT HEALTH ISN'T UTILITY? I WOULD SUBMIT IT SO IMPORTANT FOR OUR AREAS THAT THIS IS A UTILITY IN THE SENSE OF WHAT BRINGS. ESSENTIAL SERVICES LIKE WATER AND ELECTRIC AS THE TRADITIONAL UTILITIES THAT WE THINK OF, MR. PRESIDENT. IF WE FIGHT THIS ON A PROPERTY ISSUE WE WILL NOT ADVANCE AND GIVE THEM THE THINGS THAT THOSE FROM NORTHERN VIRGINIA TAKE FOR GRANTED LIKE TURNING ON THE SPICATE AND HAVING THE WATER COME JUT. THINGS THAT WE NEED TO HAVE IN ALL OF THE COMMONWEALTH OF VIRGINIA AND THIS BILL IS THE PROPER VEHICLE FOR IT, MR. PRESIDENT. I ASK MY FELLOW COLLEAGUES HERE TO REJECT THE FLOOR AMENDMENT. THANK YOU.

[Unknown]: THANK YOU, SENATOR. THE SENATOR FROM ARLINGTON, SENATOR FAVOLA.

Sen. Barbara Favola (D-Arlington): THANK YOU MR. PRESIDENT. SPEAKING TO THE AMENDMENT AND ASK THE LADIES AND GENTLEMEN OF THE SENATE TO NOT SUPPORT THE AMENDMENT. THERE ARE MANY VALID POINTS RECENTLY MADE BUT I THINK THERE ARE TWO ADDITIONAL POINTS THAT NEED TO BE ADDED TO YOUR DECISION MODEL HERE.

[Unknown]: LET'S TRY TO KEEP THE CHATTER DOWN A LITTLE BIT AND BE RESPECTFUL, PLEASE.

Sen. Barbara Favola (D-Arlington): THERE ACTUALLY IS IS A BROADBAND PROVIDER WHO HAS RECEIVED ON A CONTINGENCY CLAUSE A $96 MILLION FEDERAL GRANT. OF COURSE, ALL APPROVALS HAVE TO BE SECURED AND THERE IS STILL A FEW MORE HOOPS BUT AGAIN THIS GRANT WAS AWARDED ON A CONTINGENCY TO PROVIDE BROADBAND IN AREAS THAT ARE UNDERSERVED IN OUR STATE. THIS IS AGAIN A 96 MILLIONEDDEDN GRANT AND THE BROADBAND PROVIDER WHO RECEIVED THE GRAB SAID IT COSTS ABOUT $50,000 TO DO ONE MILE OF BROADBAND AND NOW THEY HAVE AN OPPORTUNITY. THEY HAVE AN OPPORTUNITY TO BRIDGE THE ECONOMIC DIVIDE AND I THINK WE NEED TO TAKE THIS. THE BILL HINGES ON ACCESS TO THE PUBLIC RIGHT-OF-WAY. VDOT CAN ONLY PROVIDE PERMISSION ON PROPERTY THAT IT OWNS SO THIS OWNERSHIP CONVERSATION IS DONE. IT IS CLOSED. THIS IS VDOT OWNED RIGHT-OF-WAY. TO ENABLE THIS RIGHT-OF-WAY TO SERVE MULTIPLE PURPOSES. THERE HAS BEEN STUDIES DONE ABOUT THE SIGNIFICANT IMPACT WHEN WE DON'T HAVE EQUAL ACCESS TO BROADBAND AND IN FACT 35% OF OUR SCHOOLS ACROSS THE COUNTRY AND VIRGINIA WOULD FALL INTO THIS STATISTIC LACK ACCESS TO FIBER NETWORK. THAT MEANS OUR CHILDREN TONIGHT HAVE ACCESS TO ALL OF THE KNOWLEDGE THAT THEY SHOULD HAVE ACCESS TO AND BEHAVIORAL HEALTH YOU HAVE A KNOWLEDGE DECIDE, YOU END UP WITH AN ECONOMIC DIVIDE AND ULTIMATE HI YOU NEVER, NEVER BRIDGE THAT GAP WHERE FOLKS ARE TRYING TO WORK THEIR WAY OUT OF POVERTY. WE NEED TO SUPPORT THIS BILL. THIS AMENDMENT GUTS THE BILL AND I ASK THE LADIES AND GENTLEMEN OF THE SENATE TO VOTE NO ON THIS FLOOR SUBSTITUTE.

[Unknown]: THANK YOU, SENATOR. THANK YOU. THE SENIOR SENATOR FROM LOUDOUN, SENATOR BLACK.

Sen. Dick Black (R-Leesburg): THANK YOU, MR. PRESIDENT. I RISE TO SPEAK AGAINST THE AMENDMENT OF MY FRIEND THE SENATOR FROM ROCKINGHAM. THIS IS REALLY AN ENORMOUSLY IMPORTANT PIECE OF LEGISLATION WE ARE DEALING WITH. AND AS HAS BEEN MENTIONED WE DO HAVE, YOU KNOW, THE RIGHT-OF-WAY WAS GIVEN TO THE -- TO HAVE THE PUBLIC HIGHWAYS THERE AND WE ARE JUST USING THAT. YOU CAN -- YOU CAN MAKE AN ARGUMENT, I SUPPOSE, THAT PERHAPS THIS IS NOT PRECISELY WHAT WAS CONTEMPLATED BUT I THINK THAT IT CERTAINLY CLOSE ENOUGH AND I THINK THAT THE COURTS WOULD LIKELY FIND THE SAME THING. I WOULD LIKE TO HONE IN ON ONE THING IN PARTICULAR, THOUGH. BECAUSE WHAT THE AMENDMENT SAYS IS THAT YOU CAN GO FORWARD AS LONG AS YOU OBTAIN THE PERMISSION FROM THE LANDOWNER. I HAPPEN TO BE IN THE COUNTY THAT HAS THE MOST RURAL ROADS. [LAUGHTER]

[Unknown]: 350 MILES OF RURAL ROADS. AND I HAVE HAD THE PERSONAL EXPERIENCE OF HAVING WORKED WITH A GROUP THAT WANTED TO DO A LITTLE WORK ON THE ROAD AND TO STRAIGHTEN IT AND I TOLD VDOT, I SAID WELL, THIS IS NO PROBLEM, I SAID WE WILL GET PERMISSION. THIS WAS NOT A LONG STRETCH OF ROAD AND WE PUT TOGETHER A LITTLE COMMITTEE AND THE COMMITTEE WENT OUT AND THEY BENT OVER A PERIOD OF WEEKS AND KNOCKED ON DOORS AND TRIAL TO FIGURE OUT WHOSE HOUSE WENT WHERE. I WENT OUT MYSELF AND I SAID I DON'T UNDERSTAND WHY YOU PEOPLE CAN'T GET THIS DONE. I DIDN'T USE THOSE WORDS BUT THAT WAS IN MY MIND AND I WENT OUT AND I TRIED FINDING THE HOUSES AND KNOCKING ON THE DOORS AND PEOPLE WEREN'T THERE. SOME OF THEM WERE PROBABLY DEAD. WHEN YOU GET IN THE RURAL AREAS IT IS NOT LIKE THE SUBURBS WHERE YOU JUST GO FROM HOUSE TO HOUSE. IF WE ARE TRYING TO GO THROUGH 350 MILES OF LOUDOUN COUNTY, 350. AND WE ARE TRYING TO GET PERMISSION OF EVERYBODY. I MEAN I AM GOING TO TELL YOU WE WILL ALL BE GONE BY THE TIME THAT WE GET THAT. I WOULD JUST ASK THAT WE OPPOSE THIS SUBSTITUTE.

Sen. Dick Black (R-Leesburg): THANK YOU, SENATOR. THE SENATOR FROM RUSSELL COUNTY, SENATOR CHAFIN.

Sen. Ben Chafin (R-Lebanon): THANK YOU, MR. PRESIDENT. I RISE TO OPPOSE THE BILL OR TO OPPOSE THE AMENDMENT. AND I WOULD LIKE TO CALL THE MEMBERS' ATTENTION JUST TO THE COMMITTEE ACTION THAT WE HAD ON THIS. YOU CAN LOOK AND YOU CAN SEE THE VOTE IN COMMITTEE. AND YOU CAN IMAGINE THAT WE HEARD A HOFF WITNESS IS AND PEOPLE TALKING FOR THE BILL AND HEARD PEOPLE TALKING AGAINST THE BILL THIS. BUT IT WAS A PRETTY OVERCHEMMING DECISION TO SUPPORT THIS D -- OVERWHELMING DECISION TO SUPPORT THIS BILL. THE REASON I SUPPORTED THIS BILL IS BECAUSE WE NEED BROADBAND IN THE DISTRICT THAT I HAVE, WE CLEARLY NEED IF. IN ADDITION TO THAT, BROADBAND IS SIMPLY A MATTER OF COMMUNICATING. MAIL WAS BEING DELIVERED ON COMMUNITIES AND THE PUBLIC ROAD THAT THE PEOPLE USED AND PEOPLE HAD MAILBOXES OUT AND THEY WERE GETTING THEIR MAIN AND THERE WAS COMMUNICATION GOING ON. BROADBAND IS SIMPLY A MORE MO TERN WAY OF COMMUNICATING. ALL TYPES OF UTILITIES KNOWN TO MANKIND RUN ALONG THE RIGHT-OF-WAYS RIGHT NOW. POWER LINES, TELEPHONE LINES, ELECTRIC, WATER, SEWER, WE GOT MAILBOXES, WE GOT PAPER BOXES. WE GOT EVERY KIND OF THING OUT THERE IN THE WORLD AND BROADBAND IS SIMPLY A LOGICAL EXTENSION OF OUR ABILITY TO COMMUNICATE WITH ONE ANOTHER AND I HOPE YOU WILL DEFEAT THE AMENDMENT.

[Unknown]: THANK YOU, SENATOR. THE SENATOR FROM ROCKINGHAM, SENATOR OBENSHAIN.

Sen. Mark Obenshain (R-Harrisonburg): I DON'T THINK WE HAVE TO TAKE A VOTE. THICK EVERYBODY HAS SPOKEN ABOUT THIS. I WAS BORN AT NIGHT. NOT LAST NIGHT. I GET WHERE THE VOTE IS GOING. LET ME JUST SAY SOMETHING OUR CONSTITUTIONAL RIGHTS ARE PESKY LITTLE THINGS AND I DO UNDERSTAND THAT THIS IS IMPORTANT TO EXTEND RURAL BROADBAND TO RURAL VIRGINIA AND I AM ALL IN FAVOR OF IT. I UNDERSTAND THE ARGUMENT ABOUT NEWSPAPER BOXES AND ABOUT THE HORSE AND BUGGIES USED TO CARRY THE NEWS FROM FARM TO FARM AND SO AS A CONSEQUENCE THIS IS COMMUNICATION. THE FACT OF THE MATTER IS THIS PROPERTY BELONGS TO THE LAND OWNER. AND I HAVEN'T HEARD A SINGLE PERSON SUGGEST THAT THIS IS REALLY CONSTITUTIONAL ONLY THATTED ENDS JUSTIFY THE MEAN IS. LET'S TAKE IT BECAUSE WE NEED THE BROADBAND IN THE AREA MORE THAN IT IS IMPORTANT TO PROTECT THE CONSTITUTIONAL RIGHTS OF THE PROPERTY OWNERS WHO OWN THIS LAND. AND FACT OF THE MATTER IS, THE STATUTE UNDER WHICH THESE ROADS WERE TAKEN TOOK THESE ROADS FOR ROADS ONLY. AND ANYBODY IN HERE AND I KNOW THERE ARE PEOPLE IN HERE WHO KNOW A LITTLE ABOUT EMINENT CO-MAIN AND CONSTITUTIONAL TAKINGS LAW. AND WHETHER WE ARE GOING TO AT MITT IT OR NOT THAT WHEN YOU TAKE SOMETHING FOR A ROAD IT IS TAKEN FOR A ROAD AND YOU HAVE TO GO BACK AND TAKE IT AGAIN IF YOU TAKE IT FOR A TELEPHONE LINE OR FOR INSTALLING FIBER. SO GO AHEAD AND VOTE AGAINST IT, VOTE FOR THIS BILL BUT THERE IS GOING TO BE A COTTAGE INDUSTRY OUT THERE FILING LAWSUITS FOR INFRINGEMENT UPON THE CONSTITUTIONAL RIGHTS OF THESE PROPERTY EVENERS AND IF SOMEBODY INSTALLS SOMETHING ON SOMEBODY'S PROPERTY, THE SENATOR FROM BATH OR SOMEBODY ELSE, I GUESS THEY COULD ASK FOR COMPENSATION, THE ALTERNATIVE IS THEY SAY TAKE IT OUT, IT IS ON MY PROPERTY AND YOU ARE NOT PUTTING IT ACROSS IT AND THAT IS PART OF THE PROBLEM THEM. THESE FOLKS DON'T EVEN HAVE THE POWER TO EXARE SIZE THE POWER EMINENT DOMAIN. WE ARE TAKING PEOPLE'S REPORT IN THIS BILL IN ORDER TO TO SOMETHING THAT IMPORTANT AND WE ARE VIOLATING PEOPLE'S CONSTITUTIONAL RIGHTS BY DOING IT.

[Unknown]: THANK YOU, SENATOR. ARE YOU READY? FASTEN YOUR SEATBELTS. THE QUESTION IS SHALL THE FLOOR SUBSTITUTE BE AGREED TO AYES. [LAUGHTER]

Sen. Mark Obenshain (R-Harrisonburg): THAT IS PIT IFUL. ALL OPPOSED NO.

[Unknown]: NO! THE NOS HAVE IT. THE SUBSTITUTE IS NOT AGREED TO. THE SENATOR FROM ROCKINGHAM. I DON'T KNOW THAT YOU WANT ME TALKING ABOUT THIS BILL. [LAUGHTER] I YIELD TO THE SENATOR FROM STAFFORD OR THE SENATOR FROM BATH. MR. PRESIDENT, I MOVE THAT THE BILL PASS.

Del. Bill Howell (R-Fredericksburg): THANK, YOU, SENATOR. THE QUESTION IS SHALL HOUSE BILL 912 PASS. ALL IN FAVOR OF THE MOTION WILLE S AYE, THOSE OPPOSED NO. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CH ANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.

[Unknown]: AYES 37, NOS 3. AYES 37, NOS 3. THE BILL PASSES.