03/01/2016 House Proceedings

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Index

Minutes

Called to order at 12 m. by William J. Howell, Speaker

Mace placed on Speaker's table by Sergeant at Arms

Prayer offered by The Reverend Sarah Carper Morris, Rector, Christ Episcopal Church, Pearisburg

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

Attendance roll call - Quorum present

Leaves of Absence granted: Delegates Anderson, Dudenhefer, Hugo, Lingamfelter, Marshall of Prince William, and Miller

Journal for Monday, February 29, 2016, approved by the Speaker

Senate communication received
House bills passed with Senate amendments: HBs 36, 90, 213, 382, 454, 523, 1020, 1096, 1234, 1245, 1273, 1377
House bills passed with Senate substitutes: HBs 97, 279, 577, 825, 895, 1383
House bill passed with Senate substitute with amendment: HB 942
House bills, Senate insisted on substitutes and requested conference committees: HBs 332, 646
Senate bill, House substitute rejected: SB 230
House joint resolutions, Senate insisted on amendments and requested conference committees: HJRs 69, 84, 112
House joint resolutions, Senate insisted on substitute and requested conference committee: HJR 97
Senate joint resolutions agreed to: SJRs 157, 158
House bills passed: HBs 19, 197, 198, 206, 261, 293, 325, 384, 417, 436, 487, 501, 518, 519, 521, 524, 536, 543, 558, 560, 581, 587, 613, 653, 659, 682, 728, 747, 748, 749, 810, 829, 831, 869, 896, 905, 938, 940, 1015, 1044, 1060, 1190, 1230, 1232, 1253, 1269, 1276, 1277, 1287, 1292, 1303, 1321
Senate bills, House amendments agreed to: SBs 206, 207, 493, 582, 665, 679
Senate bills, House substitutes agreed to: SBs 556, 592

Committee reports
From Appropriations: SBs 61, 179, 440S, 625S
From Transportation: SBs 515As, 669S, 710

SB 230 - House insists on substitute and requests Committee of Conference

HBs 332, 646 - House accedes to Senate request for Committees of Conference

HJRs 69, 84, 97, 112 - House accedes to Senate request for Committees of Conference

SB 336 - Conferees appointed: Greason, LeMunyon, Bulova

Motion by Delegate Head to adjourn in honor and memory of Major General Lloyd B. Ramsey agreed to

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

CALENDAR

SENATE BILLS READ THIRD TIME
UNCONTESTED CALENDAR
SB 407 - Moved to Regular Calendar
SB 464 - Passed Block Vote (Y-93 N-0)
SB 43 - Passed Block Vote (Y-93 N-0)
SB 137A - Committee Amendment agreed to, Passed Block Vote (Y-93 N-0)
SB 293 - Passed by for the day
SB 308A - Committee Amendments agreed to, Passed Block Vote (Y-93 N-0)
SB 315A - Committee Amendment agreed to, Passed Block Vote (Y-93 N-0)
SB 316 - Passed Block Vote (Y-93 N-0)
SB 329S - Passed by for the day
SB 381 - Passed Block Vote (Y-93 N-0)
SB 382 - Passed Block Vote (Y-93 N-0)
SB 460 - Passed Block Vote (Y-93 N-0)
SB 781 - Passed by for the day

SENATE BILLS READ THIRD TIME
REGULAR CALENDAR
SB 268A - Passed by for the day
SB 27A - Passed (Y-92 N-0)
SB 463 - Passed (Y-92 N-1)
SB 89 - Passed (Y-93 N-0)
SB 190A - Committee Amendments agreed to, Passed (Y-65 N-29)
SB 296S - Passed by for the day
SB 420 - Passed by for the day
SB 468A - Committee Amendments agreed to, Passed (Y-93 N-1)
SB 542 - Passed (Y-90 N-4)
SB 574S - Committee Substitute agreed to, Passed (Y-93 N-0)
SB 664 - Passed (Y-91 N-2)
SB 407 - Passed by for the day

HOUSE BILLS WITH SENATE AMENDMENTS
HB 773 - Passed by until Thursday, March 3, 2016
HB 9 - Senate amendments agreed to (Y-59 N-33)
HB 643 - Senate amendments agreed to (Y-94 N-0)
HB 832 - Senate amendments agreed to (Y-93 N-0)
HB 919 - Senate amendments agreed to (Y-93 N-1)
HB 1068 - Senate amendments agreed to (Y-93 N-0)
HB 1147 - Senate substitute agreed to (Y-72 N-21)
HB 1223 - Senate amendment agreed to (Y-94 N-0)
HB 1344 - Senate substitute rejected (Y-0 N-94)

HOUSE BILL WITH GOVERNOR'S RECOMMENDATION
HB 143 - Governor's recommendation severed - paragraph 2. rejected (Y-31 N-63), paragraph 3. ruled not properly before the House

SENATE BILLS READ SECOND TIME
UNCONTESTED CALENDAR
SB 83A
SB 245
SB 313
SB 338A
SB 438
SB 452
SB 563
SB 573S
SB 776
SB 780

SENATE BILLS READ SECOND TIME
REGULAR CALENDAR
SB 224
SB 458
SB 589S
SB 680A

HB 386 - Conferees appointed: Minchew, Stolle, Price

Motion by Delegat Cox to adjourn agreed to

House adjourned at 12:59 p.m. to meet Wednesday, March 2, 2016, at 12 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]

[ gavel banging ] >>> The Senate will come to order. The senators will please take their seats. Those persons not entitled to the privileges of the floor will kindly retire to the gallery. The senators and all in attendance will please stand and be led in prayer by the Reverend deloris borum, faith for living world outreach center, grafton. Reverend borum, thank you so much.

[Unknown]

Thank you. Let us pray. Word of God says, righteousness exalts a nation, but sin is the reproach to any people. Almighty God, full of wisdom and grace, I come to you today on the behalf of our Senate, that you put into leadership position to govern, guide, and represent our nation. I pray that you will use them and their ability to do what is right in your sight. For you and for the citizens that they oversee. Father, you are their guiding light and in the newness of life, they will do what is right in your sight, for righteousness exalts a nation. So I remind them in prayer today that there is no big I 's or little I 's in you, but they must conduct themselves under the mighty hand and be willing to be led by your spirit. I pray that you bless those in authority according to your word, and that they May live peaceful and quiet, holy lives. This is your children's prayer in jesus' name, amen. God bless you and God bless america.

Bill Howell

The clerk will call the roll. All those present will please vote aye. The clerk will close the roll.

[Unknown]

Clerk: you have a quorum, Mr. President. Senate journal for Monday, February 29, 2016.

Bill Howell

The Senator from Stafford, Senator Stuart, moves that the reading of the journal be waived. All in favor of waiving the reading of the journal will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.

[Unknown]

Ayes 33, nos 6.

[Unknown]

Ayes 33, nos 6. The reading of the journal is waived. The clerk will report any communications from the House of delegates. The Senator from James city county, Senator Norment .

[Unknown]

Mr. President, I respectfully move that we waive the reading of any communications from the House of delegates, sir.

Bill Howell

Thank you, Senator. The question is shall the reading of the communications be waived. All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.

[Unknown]

Ayes 33, nos 6.

[Unknown]

Ayes 33, nos 6. The reading of the communication is waived. The clerk will please report any communications from governor.

[Unknown]

We do not have any, sir.

[Unknown]

Thank you, madam clerk. The time has arrived to recognize visitors to the gallery and take up other matters for the morning hour. The Senator from eastern Fairfax County, Senator Surovell .

[Unknown]

Thank you, Mr. President. I rise for a request and an introduction.

[Unknown]

The Senator has the floor.

Bill Howell

First, Mr. Resident, with regard to the request, I request the journal be marked to excuse my seat mate, the gentleman from Prince William away from the body on pressing personal business.

Bill Howell

Thank you, Senator. The journal will so reflect that Senator McPike is away from the capitol on pressing personal business.

[Unknown]

Thank you, Mr. President. Now my introduction. Ladies and gentlemen of the Senate, joining is in the gallery today is a constituent of mine, he's a first class petty office in the united states navy, deployed to afghanistan on the only ship gnat navy that has a laser. When he's not serving the navy, he lives back in aqua quaun and he met his family actually knocking on doors on the last campaign. You can see a picture of them and me on my facebook book. I'd ask the Senate to give Mr. Obando a warm welcome of the Senate .

[Unknown]

Thank you, sir, for being with us this afternoon and as the good Senator from eastern fair tax said, thank you for your service to this country in the united states navy. We appreciate that and hope you have a wonderful visit in afternoon in in jefferson's capitol. I'd ask the members of the Senate to please join me in giving him the warm welcome of the Senate. [ applause ]

[Unknown]

The Senator from Alexandria, Senator Ebbin .

[Unknown]

Thank you, Mr. President. I rise for an introduction.

[Unknown]

The Senator has the floor.

[Unknown]

In the gallery today, I have a student shadowing me today. She's an intern at the national cancer's registrar in Alexandria. She's a student at furman university in greenville, south carolina, and resides when she's not in school in boston, massachusetts.

[Unknown]

Would gillian wochner please rise. Welcome and appreciate you helping occupant the good Senator from Alexandria today. Hope all is going well with your college career. Ask it members of the Senate to join me in giving me the warm welcome of the Senate. [ applause ]

[Unknown]

The Senator from Hanover, Senator McDougle .

[Unknown]

Thank you, Mr. President. I rise for an introduction. .

[Unknown]

The Senator has the floor.

[Unknown]

Mr. President, we have with us today a group of individuals visiting frommion crane. This ukraine delegation is hosted by Virginia commonwealth university, and Mr. President, I am very gracious of you to accept the fact that I 'm going on read off their first names and you're going to take a shot at the last names. Mr. President, we have aramia, uri, natalia, ulia, and vishoslav today. If you can offer them the warm welcome of the Senate .

[Unknown]

Thank you, Senator. It's a pleasure to have members from the ukraine delegation with us this afternoon and I think the Senator did very well with the pronunciation of your names and so I won't repeat that, but we appreciate you being with us. It's always great to have folks from other countries visiting us and we can share ideas and see how each other conduct business, and hope you're able to hang around for just a little bit and see how the Virginia Senate makes policy. So thanks for being here. We hope you have an enjoyable afternoon. I would ask the members of the Senate to please join me in offering members from the ukrainian delegation the warm welcome of the Senate. [ applause ] the Senator from Buckingham, Senator Garrett .

[Unknown]

Thank you, Mr. President. I rise for purposes of an introduction.

[Unknown]

The Senator has the floor.

[Unknown]

Mr. President, it's my honor in the gallery today to welcome my legislative chief, former army come pray ti yot -- come patriot, professional skydiver and all around gangsta, kevin Reynolds and his family. He's joined by his wife Kory who is special in many ways. She's the mother of kevin, three daughters, but primarily because she puts up with kevin, which is not easy as I can attest. Joining Kory is becca Reynolds, a fifth grader, a superstar soccer player who perfected a slide tackle and is playing in the school's rendition of "annie" this year and also their daughter sadie who aspires to be an astrophysicist, so I informed kevin that the business of the chamber might be her first experience with Black holes where matter goes in, disappears, and is never again seen. Also, amongst the three prides of the Reynolds family is lauren, not with them today, as she is the House Page. Mr. President, I often tell people that most of the legislative aids in the general assembly are young and attractive and kevin Reynolds is with that, I ask that you extend neither. The Reynolds family of the warm welcome of the Virginia Senate .

[Unknown]

Thank you, Senator. With Mr. And Mrs. Kevin Reynolds and becca ansaid I did please rise. Thaneg for being with us this afternoon and kevin, thank you so much for helping the good Senator from Buckingham. I no you have a great team and get great things done. It's good to see you here from the fourth and fifth grade. You're smart-looking young ladies and we wish you the best and we encourage you to obey your parents and teachers and make good things happen for you. I would ask the members of the Senate to please join me in offering kevin, Kory, becca and sadie Reynolds the warm welcome of the Senate. [ applause ]

[Unknown]

The Senator from James city county, Senator Norment .

[Unknown]

Thank you, Mr. President. I rise for purposes of an introduction.

[Unknown]

The Senator has the floor.

[Unknown]

I appreciate if you extend a very warm warm welcome of the Senate of Virginia zoo to the Reverend deloris borum who gave us this morning's invocation. She's in the gallery with her guests karen brown and alvin brown, but eye like to take a moment and share some information with you. She was a school teacher in York County for 20 years before she retired in the full-time ministry and in 1983, she cofounded the faith for living, deloris borum ministries along with her late husband, george r. Borum. She has done many things in the community. She has had the vision and was the founder of the natasha House in 2001, a transitionary housing for a safe place for women and children that have been subject to abuse or otherwise displacement. She has degrees from two of the colleges in our community, christopher newport university and my beloved college of william & mary. She's also authored three books, so I would appreciate it if you would be so kind to extend a very warm welcome to Reverend deloris borum and who guests, karen and alvin brown.

[Unknown]

Thank you, Senator. Would Reverend deloris borum and karen and alvin brown meese rise. Thank you for being with us this afternoon. Reverend, you have done so much good working of teaching and now pastoring and you touched a number of lives over the years, so we appreciate that and thank you for coming to the Senate this afternoon and getting us off on a good foot with a wonderful prayer. And we certainly hope you'll come back and visit us often. I would ask the members of the Senate to please join me in offering the Reverend deloris borum and karen and alvin brown the warm welcome of the Senate. [ applause ] I know there's some other visitors with us in the gallery and if I haven't recognized you, we certainly welcome you to the gallery and appreciate you coming and visiting us today. Hope you have a wonderful stay here in in jefferson's capital. Are there other matters for the morning hour? The Senator from frankly county, Senator Stanley .

[Unknown]

Thank you, Mr. Pez. I rise for a late introduction if possible.

[Unknown]

Gloor gloor.

[Unknown]

Mr. President and members of the Senate, as I gazed into the gallery I saw an important person important to my seat mait, sitting with his legislative aid chris. She's always a ray of sunshine when she visits us in the capitol. She is known truly as the better half of Senator McDougle. If you will please extend the warm welcome of the Senate to Dr. Robin McDougle, who I like to say, Mr. President, when you see robin, it proves that you can have the last name of McDougle and still be smart and funny and beautiful.

[Unknown]

Thank you, Senator. It's probably a good idea to stop there.

[Unknown]

Thank you.

[Unknown]

Robin and your guest, please rise. It is always good to see you and we appreciate you being here. Not so much for your husband, but to keep some of his seat maits -- fox, and this year we have two interns from vcu. One is destiny boyd. Des sinny as junior at Virginia commonwealth university, majoring in political science and philosophy and she's a star for many years now, arlene spinnelli is with us, my communications director, abigail on the university's field hockey team. Samantha Lewis is also with us. She's a junior at vcu and she's majoring in political science and economics. She's a member of the vcu crew team and she's currently the fundraising chair for that team, so I guess I really do have to tap more of samantha's talents. I didn't know she was a fundraiser. Both of these interns are contributing mightily to the Senate office. It's always a delight to have young people look at the legislative process through fresh eyes and see how the government works. Or sometimes maybe limps along, but it is with great pleasure that I introduce my team and I thank them very much for helping me be a good Senator and I ask that the Senate extend its warm welcome to team Favola .

[Unknown]

Thank you, Senator. Will team Favola please rise. Go rams. It's good to have you here and thanks for helping out the good Senator from Arlington. I know she appreciates your help this session and I hope useful had a wonderful experience. I ask the members of the Senate to please join me in offering members from team Favola, the warm welcome of the Senate. [ applause ] are there other matters for the morning hour? Seeing none, the clerk will call

[Unknown]

Senate calendar for Tuesday, March 1st, 2016.

[Unknown]

Unfinished business, House. House bill 681, a bill relating to trafficking in persons, civil action. The House has rejected the Senate substitute.

[Unknown]

The Senator from Rockingham .

[Unknown]

Mr. President, I move that we insist on the Senate substitute and request a committee of conference.

[Unknown]

Thank you, Senator. The question is shall the Senate insist on the substitute and request a committee conference. All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.

[Unknown]

Ayes 39, nos 0.

[Unknown]

Ayes 39, nos 0. The motion is agreed to.

[Unknown]

House bill 752. The House has rejected the Senate substitute.

[Unknown]

Senator from Rockingham, Senator Obenshain .

[Unknown]

Mr. President, I would ask that we insist on the Senate substitute and request a committee of conference.

Bill Howell

Thank you, Senator. The question is shall the Senate insist on its substitute and request a committee of scorches. All in favor of the motion will opposed no. Record their votes aye, those are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.

[Unknown]

Ayes 39, nos 0.

[Unknown]

Ayes 39, nos 0. The motion is agreed to.

[Unknown]

Turning to Page 6, unfinished business, Senate. Senate bill 7 passed the House with an amendment.

[Unknown]

The Senator from frankly, Senator Stanley .

[Unknown]

Thank you, Mr. President. I move that we concur with the House amendment and speaking to the motion.

[Unknown]

The Senator has the floor.

[Unknown]

Thank you, Mr. President. Members of the body, this bill, Senate bill 7, is regarding providing counselors, attorneys to those parents who are didn't gi intelligent who May be facing their children going into foster care. What the bill originally did was to make sure we had the highest quality of court-appointed counsel at -- be and pointed to those cases, so it gave more versatility and discretion to the court, which is surprising coming from the House of delegates, so I think it made the bill better and therefore, I would now renew my motion that we concur with the House amendment.

Bill Howell

Thank you, Senator. The question is shall the Senate concur with the House record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.

[Unknown]

Ayes 39, nos 0.

[Unknown]

Ayes 39, nos 0. The Senate concurs with the House amendment.

[Unknown]

Senate bill 71 has passed the House with amendment.

[Unknown]

The junior Senator from Loudoun, Senator Wexton .

[Unknown]

Thank you, Mr. President. I move that the Senate conkir with the House amendment and speaking to that motion.

[Unknown]

The Senator has the floor.

[Unknown]

Thank you, Mr. President. This is bill that provided spousal support weathered by the court not -- awarded by the court notwithstanding any party's failure to prove grounds for divorce, but this amendment clarifies that the request for spousal support would have to be properly pled by the party seeking support and I ask that we accept it.

[Unknown]

Thank you, Senator. The question is shall the Senate condur with the House amendment. Record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote?

[Unknown]

Ayes 34, nos 5.

[Unknown]

Ayes 34, nos 5. The Senate concurs with the House amendment.

[Unknown]

Senate bill 120 passed the House with a substitute.

[Unknown]

Senator from Grayson, Senator Carrico .

[Unknown]

Thank you, Mr. President. Mr. President, I ask that we reject the Senate substitute. This is a bill that was dealing with the issuance of mailing summons to the individual for passing a school bus. The cameras on the bus would capture the individual passing the vehicles and then they would be able to mail a summons to that individual that violated that law and it was a civil violation. The House substitute takes out a lot of language that directs and instructs how the summons are to be issued and the rebuttable offend and I ask that we reject the House substitute.

Bill Howell

Thank you, Senator. With the recommendation that it be rejected, the question is shall the Senate concur with the House substitute. Record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.

[Unknown]

Ayes 1, nos 38.

[Unknown]

Ayes 1, nos 38. The House substitute is

[Unknown]

Senate bill 133 passed the rejected. House with a substitute.

[Unknown]

The Senator from Roanoke city, Senator Edwards .

[Unknown]

Mr. President, I move that we concur in the House substitute. It's a substitute, actually, rather than amendment. Mr. President, what this bill does, what the substitute does, Senate bill 133 deals with the civil action for -- on the part of a victim for human trafficking. The House added the provision that juvenile who is a victim of another section, felony section of the code, 18.4-48, abduction with intent to exhort money for immoral purposes, be added to that position and I think that was a good idea and therefore I recommend that the House -- Senate concur in the House substitute.

Bill Howell

Thank you, Senator. The question is shall the Senate concur with the substitute. All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.

[Unknown]

Ayes 39, nos 0.

[Unknown]

Ayes 39, nos 0. The Senate concurs with the House substitute.

[Unknown]

Senate bill 253 passed the House with a substitute.

[Unknown]

The junior Senator from Virginia beach, Senator DeSteph .

[Unknown]

Mr. President, Senate bill 253 deals with confidentiality of victims of human sex trafficking, dating violent, domestic violence, sexual stault and stalking. The House substitute ruins the bill, so with that, I recommend we reject the House substitute.

Bill Howell

Thank you, Senator. With the recommendation that it be rejected, the question is shall the Senate concur with the House substitute. All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.

[Unknown]

Ayes zero, nos 39.

[Unknown]

Ayes zero, nos 39. The House substitute is rejected.

[Unknown]

Senate bill 339 passed House with aems.

[Unknown]

Senator from Spotsylvania, Senator reed.

[Unknown]

Thank you n president. I would concur with the House amendment. Apparently House are better at english scholars than those on our body on the courts. They decided to take out a few repetitive worzs that we have in there and some unnecessary language, added the word "reasonable" in front of line 21, in fire of death, they must be reasonable in fear of death on the stalking bill. Move that we condur with the House amendment.

Bill Howell

Thank you, Senator. The question is shall the Senate concur with the House all in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.

[Unknown]

Ayes 39, nos 0.

[Unknown]

Ayes 39, nos 0. The Senate concurs with the House amendment.

[Unknown]

Senate bill 342 has passed the House with amendment.

[Unknown]

The Senator from Portsmouth, Senator Lucas .

[Unknown]

Yes, sir, Mr. President. Thank you very much. I move that we concur with the House amendment. Speaking to that, Mr. President.

[Unknown]

The Senator has the floor.

[Unknown]

The amendments that were adopted in the House makes this bill identical to House bill 645. All the parties came to agreement before the House voted on House bill 645. All the changes were made to be incorporated. Our bill went out before they finished theirs and so now the bills are in alignment.

Bill Howell

Thank you, Senator. The question is shall the Senate concur with the House record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.

[Unknown]

Ayes 38, nos 1.

[Unknown]

Ayes 38, nos 1. The Senate concurs with the House amendment.

[Unknown]

Senate bill 368 passed the House with a substitute.

[Unknown]

Senator from Hanover, Senator McDougle .

[Unknown]

I move that the science condition occur with the -- Senate concur with the House substitute and speaking to the measure.

[Unknown]

As the bill came through the

[Unknown]

The Senator has the floor. Senate, we struck out a portion of the existing law. In the House, apparently they felt that they had written that verbiage last year and as a result did not like the more ex-peed yent way that we redrafted it, so we reinserted their previously drafted language and kept ours in place. With that, Mr. President, I renew my motion that we concur with the House substitute.

[Unknown]

Thank you, Senator. The question is shall the Senate concur with the record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.

[Unknown]

Ayes 39, nos 0.

[Unknown]

Ayes 39, nos 0. The Senate concurs with the House substitute.

[Unknown]

Senate bill 392 passed the House with amendment.

[Unknown]

Senator from eastern Fairfax County, Senator Surovell .

[Unknown]

Thank you, Mr. President. I move that we agree to the House amendments and speaking to that motion.

[Unknown]

The Senator has the floor.

[Unknown]

Thank you, Mr. President. Ladies and gentlemen of the Senate, this bill simply allows somebody to partially release a judgment. The clerks looked at it, wanted to make sure they got their money and put an amendment on it that said you can release it partially if you pay the clerk their money. I think it's a good amendment and I move that we accept the amendment.

Bill Howell

The question is shall the Senate concur with the record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.

[Unknown]

Ayes 38, nos 0.

[Unknown]

Ayes 38, nos 0. The Senate concurs with the House amendment.

[Unknown]

Senate bill 423, passed the House with amendment.

[Unknown]

The Senator from northern Fairfax County, Senator Howell .

[Unknown]

Thank you, Mr. President. I move we concur with the House amendment. This is a crime commission bill that deals with asset forfeiture. It's had absolutely no controversy and maybe because of that, the House felt they had to go over it with a red pencil, so there are, I don't know, about ten, nine or ten grammatic kalg corrections and that's all they are, grammatical corrections.

Bill Howell

Thank you, Senator. The question is shall the Senate concur with the House record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Their vote? Do any senators desire to change the clerk will close the roll.

[Unknown]

Ayes 39, nos 0.

[Unknown]

Ayes 39, nos 0. The Senate concurs with the House amendment.

[Unknown]

Senate bill 425 passed the House with amendment.

[Unknown]

The Senator from Roanoke city, Senator Edwards .

[Unknown]

Mr. President, I move that we concur in the House amendment. What this is is a technical correction to delete words that provides where a memorandum of understanding between a community services board and mental health facility, provides that the memorandum shall designate a contact person to be notified to the extent authorized by state and federal privacy laws when a student is involuntarily committed and the language inserts that such notification inadvertently remained and the House deleted that prove vision to make it corrects with with that understanding, Mr. President, I renew my motion to concur in the House amendment.

[Unknown]

Thank you, Senator. The question is shall the Senate concur in the House record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.

[Unknown]

Ayes 39, nos 0.

[Unknown]

Ayes 39, nos 0. The Senate concurs with the House amendment.

[Unknown]

Senate bill 427 passed the House with amendment.

[Unknown]

Senator from Newport News, Senator Miller .

[Unknown]

Thank you, Mr. President. I move we concur with the House amendment and speaking to that motion.

[Unknown]

The Senator has the floor.

[Unknown]

Thank you, Mr. President. Members of the Senate, this is the bill that does not punish the schools when a parent opts their child out of taking an sol test. Currently the school has to report the score has a zero if a student opts out. This bill says that no score would be reported for the first 5% who opt out of the test. The first House amendment clarifies that it is the parent is the one who must opt the child out. The second amendment is word ning to better define that we're complying with federal law that limits to 5% the number of students allowed to opt out. Mr. President, I renew my motion that we concur with the House amendment.

Bill Howell

Thank you, Senator. The question is shall the Senate concur with the House record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.

[Unknown]

Ayes 35, nos 3.

[Unknown]

Ayes 35, nos 3. The Senate concurs with the House amendment.

[Unknown]

Senate bill 443 passed the House with a substitute.

[Unknown]

Senator from Augusta, Senator Hanger .

[Unknown]

Thank you, Mr. President. Mr. President, we have a robust nutrient crediting program in the Chesapeake bay watershed area. This bill, Senate bill 443, sets up a nutrient credit exchange program in the southern rivers by establishing an expedited process for certifying nutrient. The bill has it left the Senate envisioned a fee that would set up a sted dieted process -- expedited process. The House amendments removed that fee and instead set up a time-specific table for these credits to be certified, so I agree with that particular exchange and move we concur with the House amendment.

Bill Howell

The senior Senator from Virginia beach, Senator Wagner. Sorry, Senator. The question is shall the Senate concur with the record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.

[Unknown]

Ayes 39, nos 0.

[Unknown]

Ayes 39, nos 0. The Senate concurs with the House substitute.

[Unknown]

Senate bill 466 passed the House with a substitute.

[Unknown]

The senior Senator from Virginia beach, Senator Wagner .

[Unknown]

Thank you, Mr. President. This bill deals with the rights of an incapacity tated person to have communication with visitation or interaction with those outside the immediate guardian of the individual. I ask that we accept the House amendments with makes it identical to a bill previously passed out of the Senate .

Bill Howell

Thank you, Senator. The question is shall the Senate concur with the record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.

[Unknown]

Ayes 39, nos 0.

[Unknown]

Ayes 39, nos 0. The science concurs with the House -- Senate concurs with the House substitute.

[Unknown]

Senate bill 543 passed the House with amendment.

[Unknown]

Senator from Rockingham, Senator Obenshain .

[Unknown]

I move that the House amendment be agreed to. This amendment simply clarifies that this bill is not to be retroactively applied.

Bill Howell

Thank you, Senator. The question is shall the Senate concur with the House record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.

[Unknown]

Ayes 39, nos 0.

[Unknown]

Ayes 39, nos 0. The Senate concurs with the House amendment.

[Unknown]

Senate bill 567 passed the House with amendment.

[Unknown]

Senator from southern Fairfax County, Senator Barker .

[Unknown]

Mr. President, I move that we concur with the House amendment. This is a bill that deals with the detention and commitment process for those people in mental health situations. It was the recommendation of the legislative subcommittee dealing with mental health services in the 21st century, there are three amendments, two are simply language line amendments and the other one simply adds law enforcement or the designee of the law enforcement entity, so I hope it would be the pleasure of the body to adopt the amendment.

[Unknown]

Thank you, Senator. The question is shall the Senate concur with the House record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.

[Unknown]

Ayes 34, nos 5.

[Unknown]

Ayes 34, nos 5. The Senate concurs with the House amendment.

[Unknown]

Senate bill 590 passed the House with amendment.

[Unknown]

Senator from Rockingham, Senator Obenshain .

[Unknown]

Mr. President, I move that the House amendment be agreed to. This bill is a housekeeping bill for the courts and it provides for a uniform method for setting hours and at the request of the clerks around the state, the amendment was added to make clear that the clerks retain their current statutory prerogative to set the hours of operation for a clerk's office.

[Unknown]

Thank you, Senator. The question is shall the Senate concur with the House all in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.

[Unknown]

Ayes 38, nos 0.

[Unknown]

Ayes 38, nos 0. The Senate concurs with the House amendment.

[Unknown]

Senate bill 743 has passed the House with amendment.

[Unknown]

The senior Senator from Virginia beach, Senator Wagner .

[Unknown]

Thank you, Mr. President. Senate bill 743 moves to the department of mines, minerals and energy the requirement to certify solar projects for tax treatment. What the House amendment does is remove the five megawatt limitation on it and makes it for all solar projects. With that information, I ask that we accept the House amendment.

Bill Howell

The question is shall the Senate concur with the record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.

[Unknown]

Ayes 39, nos 0.

[Unknown]

Ayes 39, nos 0. The Senate concurs with the House amendment.

[Unknown]

Senate bill 544, the House insists on its substitute and requests a committee of conference.

[Unknown]

The Senator from Lynchburg, Senator Newman .

[Unknown]

Mr. President, I move we accede to the House request for a committee of conference.

Bill Howell

Thank you, Senator. The question is shall the Senate accede to the request for a committee of all in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.

[Unknown]

Ayes 39, nos 0.

[Unknown]

Ayes 39, nos 0. The motion is agreed to. >>

[Unknown]

House bill with governor's recommendation. House bill 104.

[Unknown]

The Senator from stauk keer county, Senator Vogel .

[Unknown]

Thank you n president. I move we adopt the governor's recommendation and speaking to the motion.

[Unknown]

The Senator has the floor.

[Unknown]

Thank you flrk president. What House bill 104 did was basically an effort to keep up with technology and says that if the voting machine itself has a hard drive where the voting information is stored, then it's really only the hard drive itself that has to be kept under seal pending the timeframe that it has to be maintained prior to a recount. What the governor's language has done is simply added a technical amendment to add one sentence to the bill and what it attempts to do is just clarify that the machines that don't have store any data only have to be kept under lock and seal until they're returned to their storage location. And with that, I ask that you adopt the governor's recommendation. Thank you.

Bill Howell

Thank you, Senator. The question is shall the Senate agree with the governor's recommendation. All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.

[Unknown]

Ayes 39, nos 0.

[Unknown]

Ayes 39, nos 0. The Senate agree with the governor's recommendation.

[Unknown]

Uncontested calendar, House bills on third reading.

[Unknown]

The Senator from James city county, Senator Norment .

[Unknown]

Thank you, Mr. President. I respectfully move that all the House bills on the third reading on the uncontested calendar, which would include all House bills... [ inoddable [ inaudible comments ] [ laughter ] >> Excuse me for interrupt interrupting. I hope I didn't interrupt that personal conference. I think it was a call from las vegas about that bet he placed last night. I respectfully move that all the House bills on the third reading on the uncontested calendar, including all House bills on Page 16 through Page 23, including House bill 66 through House bill 1329, be placed on their final passage in the block after the adoption of any amendments. If any Senator desires to remove a bill from the block, please do so after the clerk has read the number of the bill or if you prefer to listen to Senator Saslaw 's voice mail, then you can step outside on that.

[Unknown]

Thank you, Senator. The question is shall House bills on the uncontested calendar, third reading, Page 16 through Page 23, House bill 66 through House bill 1329, be placed upon their final passage in the block after the adoption of any amendments thereto, with the understanding that any Senator desiring a bill removed from the block would do so after the clerk has read the number of the bill. All in favor of the motion will say aye. Those opposed, no. The ayes have it. The motion is agreed to. The bills are before us in the block. The clerk will please read the number of the bill.

[Unknown]

House bill 66, reported from the committee on education and health with amendment. And there are two floor amendments.

[Unknown]

The Senator from Lynchburg, Senator Newman .

[Unknown]

Mr. President, I no of that the committee amendment be agreed to. .

[Unknown]

Thank you, Senator. The question is shall the committee substitute be agreed to. All in favor of the motion will say aye. Those opposed, no. The ayes have it. The amendment is agreed to. The Senator from Lynchburg I move we waive the reading of the floor amendments.

[Unknown]

The question is shall the reading of the floor amendments be waived. All those in favor of the motion will say aye, those opposed no. The ayes have it. The reading of the floor amendment is waived. The Senator from lirgeg burg.

[Unknown]

I lope we take the amendments up in a block. Mr. President, the floor amendments which you have on your desk are two amendments that we hope are the cure to all the items left in this bill. This is the bill that relates to the ability within the community college for us to get credentials and I know that it is working its way through the legislative process and also through the budget. Mr. President, there are two amendments, the first of which is one that on Page one, after new college, adds richard Bland college. The reason for this, Mr. President, is they are a two-year college. We assume that they would be in when we talk about community colleges, but they're not without having specifically named them in the amendment. Mr. President, the second one is an enactment clause, which simply indicates that these institutions that are named are actually granted the authority to do what's in the bill. We talked about how they end up getting funded. We talk about how the process works, but somehow through that process, we forget to indicate that they actually can do the work and the colleges were concerned about that, so this amendment assists withes that I hope we adopt floor amendments in a block.

[Unknown]

Thank you, Senator. The question is shall the floor amendments en bloc be agreed to. All those in favor of the motion will say aye, those opposed no. The ayes have it. The floor amendments are agreed to.

[Unknown]

House bill 98, reported from committee on transportation with substitute. Committee substitute adopted by the Senate. House bill 750, reported from committee on education and health. House bill 1359, reported from committee on transportation. House bill 118, reported from committee on agriculture, conservation and natural resources. House bill 136, reported from committee on agriculture, conservation and natural resources with amendments.

[Unknown]

The Senator from Stafford .

[Unknown]

Mr. President, I move the amendments be adopted.

[Unknown]

The question is shall the committee amendments be agreed to. All in favor of the motion will say aye. Those opposed, no. The ayes have it. The amendments are agreed to.

[Unknown]

Mr.

[Unknown]

The Senator from Chesapeake, Senator Cosgrove .

[Unknown]

A Page 16, House bill 98, I would ask that go bye for the day.

Bill Howell

Without objection, House bill 98 will come out of the block and bye for the day.

[Unknown]

House bill 248, reported from committee on rehabilitation and social services.

[Unknown]

The Senator from Grayson .

[Unknown]

Sorry, Mr. President. Can House bill 1359 go bye for the day.

Bill Howell

Without objection, House bill 1359 will come out of the block and bye for the day.

[Unknown]

House bill 342, reported from committee on rehabilitation and social services. House bill 448, reported from the committee on agriculture, conservation and natural resources with amendment.

[Unknown]

The Senator from Stafford. Hi, Senator Stuart .

[Unknown]

Thank you, Mr. President. I move that the committee amendment be agreed to.

[Unknown]

The question is shall the committee amendment be agreed to. All in favor of the motion will say aye. Those opposed, no. The ayes have it. The amendment is agreed to.

[Unknown]

House bill 584, reported from committee on agriculture, conservation and natural resources. House bill 782, reported from committee on rehabilitation and social services. House bill 813, reported from committee on agriculture, conservation and natural resources. House bill 903, reported from committee on agriculture, conservation and natural resources. House bill 1094, reported from committee on agriculture, conservation and natural resources with amendment.

[Unknown]

The Senator from Stafford .

[Unknown]

Thank you, Mr. President. I move the committee amendment be agreed to.

[Unknown]

The question is shall the committee amendment be agreed to. All in favor of the motion will say aye. Those opposed, no. The ayes have it. The amendment is agreed to.

[Unknown]

House bill 1115, reported from committee on agriculture, conservation and natural resources. House bill 1127, reported from committee on agriculture, conservation and natural resources with amendments.

[Unknown]

The Senator from Stafford. Senator Stuart .

[Unknown]

Thank you, Mr. President. I move the committee agreement be agreed to.

[Unknown]

The question is shall the committee amendments be agreed to. All in favor of the motion will say aye. Those opposed, no. The ayes have it. The amendments are agreed to.

[Unknown]

House bill 1250, reported from committee on agriculture, conservation and natural resources. House bill 1311, reported from committee on agriculture, conservation and natural resources. House bill 1329, reported from committee on agriculture, conservation and natural resources.

Bill Howell

Thank you, madam clerk. The question is shall the House bill pass en bloc, that is, all bills except for 98 and 1359. All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.

[Unknown]

Ayes 39, nos 0.

[Unknown]

Ayes 39, nos 0. The bills pass en bloc.

[Unknown]

Regular calendar, House bills on third reading. House bill 944, a bill to address local ordinances concerning the installation or use of landscape cover materials until regulations have been approved as part of the statewide fire prevention code. Reported from committee on general laws and technology.

[Unknown]

The Senator from Rockingham .

[Unknown]

Mr. President, can we take that bye for one more day?

Bill Howell

Without objection, House bill 944 will go bye for the day.

[Unknown]

House bill 158, a bill relating to grass cutting in certain counties. Reported from committee on local government.

[Unknown]

Senator from Franklin, Senator stand.

[Unknown]

I thank you, Mr. President. Can House bill 158 go bye for the day.

Bill Howell

Without objection, House bill 158 will go bye for the day.

[Unknown]

House bill 516, a bill relating to the board of education, policy on sexually explicit instructional material. Reported from committee on education and health with amendment.

[Unknown]

The Senator from Lynchburg, Senator naum.

[Unknown]

Mr. President, I move that the bill pass and speaking to that motion.

[Unknown]

Senator, you have an amendment there we need to pass first.

[Unknown]

Mr. President, I apologize. I move that the committee amendment be agreed to.

[Unknown]

Thank you, Senator .

[Unknown]

The question is shall the committee amendment be agreed to. All in favor of the motion will say aye. Those opposed, no. The ayes have it. The amendment is agreed to. The Senator from Lynchburg .

[Unknown]

Mr. President, I move that the bill pass and speaking to that motion.

[Unknown]

The Senator has the floor.

[Unknown]

Mr. President, House bill 516 is a bill that requires that the board establish a foil as relates to -- policy as relates to public education in regards to sexually explicit instructional material. Mr. President, this bill is about a quarter Page long and if you get an opportunity to go over the words there, I think it would be helpful. First, the bill does require in the first section that a parent be notified if there is a reasonable expectation that this material is being communicated to the student. Next, on Page -- excuse me, line 19, it is the second portion which simply says that a parent is allowed to view the material. The last is that if there is a problem, that a parent can be given alternative instructional Mr. President, as you'll note in information. The calendar also, we did put an amendment on the bill. The amendment says that the material will be deemed to be in this category if determined by the board. Mr. President, I hope that you would pass this bill. Hopefully we see this bill as a notification, review, and alternative bill, and not anything beyond that. I hope that weld support the passage of the -- we would support the passage of the bill.

[Unknown]

Thank you, Senator. The Senator from Alexandria, Senator Ebbin .

[Unknown]

Speaking against the bill, sir.

[Unknown]

The Senator has the floor.

[Unknown]

I wanted to just discuss briefly three things about the bill. One is the need or lack of need for this bill. Two is the constitutionality and three is what the road to censorship looks like. Fairfax county, which is where I understand where the bill originated from, adopted a process for schools, bit school board, over a year ago and they did that on their own, so this bill is not going to have an effect there. Arlington does have a review process for parents to inspect any sort of instructional materials. Those are the only two I was able to check with this morning, but in terms of the koorget, article 8, section 7 of the constitution is clear that the supervision of each school division shall be vested in local school boards and the board shall will primary authority for effectuating the educational policy set forth in the article and in a case in 1978, school board versus parham, it explicitly talked about the management of local teach staff and local school boards and particularly the daily management, and this bill I did vests the school board -- divests the school board of its function of daily management and at least in the schools I could find, it wasn't necessary. Finally, I wanted to talk about the road to censorship. Here are some of the great works that have been censored in the fast or removed from consideration by students. Catcher in the rye, the grapes of wrath, the great gatsby challenged to its appropriateness in a college level due to language, scarlet letter, call pornographic and obscene, and I would just say that books provide context for language, themes of coming of age, personal resiliency and the importance of family during trials and tribulations. These books, the lure of the american dream and its ever changing definition, slavery through the eyes of african americans, and to simplify these literary classics into specific enumerations of sexually explicit content without contextualizing or discussing them in their totality robs the students of dramatic richness and historic context. Literature is a vehicle that evokes understanding and discussion, and we should not be taking this first step towards encouraging censorship. Schools can already do this. Schools that made complaints already are doing this, but we should think about what we're asking them to consider censoring. Parents have latitude now to access these books and I think it's the wrong path. I ask that you vote against the about I will.

[Unknown]

The Senator from northern Fairfax, Senator Howell .

[Unknown]

Speaking against the bill.

[Unknown]

Thank you, Mr. President.

[Unknown]

The Senator has the floor. You know, in many ways, this session has been an effort by the commonwealth to reposition ourselves for the future, and to do that in economic development, we have spent hours on bills forwarding our message that we are a forward-looking commonwealth where people want to come and do business and create businesses. We are spending tens of millions of dollars in our budget to position ourselves for the future, and I was asking myself, what could we do that would totally undermine these efforts? And this bill is it. This bill is it. This shows us to be small-minded. We would be the first and only state to have a policy like this according to the american association of librarians. And when we ask, what books are you talking about, we're told tony morrison's books. Tony morrison's beloved, stony morrison's blue skies. Tony morrison has won the national book award, the pulitzer prize, and she's the last american author to win the nobel prize for literature. So let's just make ourselves look ridiculous, and then we found out another book, invisible man. One of the most seminal books on race relations in the last 75 years or so. Let's look ridiculous, let just anxiety and let's united states mine -- let's just do it and let'sunder nine our own efforts to move in commonwealth forward. Thank you, Mr. President.

[Unknown]

Thank you, Senator. The Senator from Grayson County, Senator Carrico .

[Unknown]

Thank you, Mr. President. Speaking in favor of the bill.

[Unknown]

The Senator has the floor if.

[Unknown]

Mr. President, this bill came through my subcommittee and experts from the books that we're talking about, the pulitzer prize winner that the gentlelady from Fairfax was speaking about, was part of the reference in which we looked at, and I have excerpts I could read here on the floor, but I 'd probably be violating some it uses and the explicity of it, ruling because of the language so I 'll forego reading those parts of the book, but nothing in this bill would censor anything. Not a single book would be removed, not a single student or parent would be denied the opportunity to read the book. It just basically says that the parent will be notified and permission from the parents to review the material and students would have an alternative choice if they choose not to read that book. There is in Fairfax family life education a form which says the student will identify prevention strategies of sexual abuse, rape, including date rape, and the parent already has the option to opt them out of that part of it, but yet we're saying that this book shouldn't be looked at and that the board of education shouldn't be looking at the explicit information in the book, the sexual content. When this verbatim quotation from these books were sub it inked to the board of -- submitted to the board of education cue to the context -- due to the content, it couldn't even pass the firewall. It couldn't get to them. In addition, verbatim quotes were removed from the Virginia town Hall site because the public office overseeing the website deemed them to be obscene and harmful to children. Yet, we're going to allow these books without any type of oversight to be used for assignments in school. The second thing, and I think this was somewhat quoted, of course, I look at this in the sense that, you know, we're here debating mental health issues all the time, and we're dealing with young influential minds. These books talk about rape and they explain them explicitly. These books talk about incest and it explains it explicitly. These books, this pulitzer prize winner that you're talking about talks about beastality and it explains it explicitly, and I sat in committee and I stand by it today. You know, my pastor uses the example once in a while about sin, but evil is a seed from grows and these are evil acts: rape, incest. We pass laws against them. All these things are evil acts. That evil act is just like a kitten. It May be playful and harmless in the beginning, but you feed that evil, it grows and it grows, and you encourage the feeding of that evil, it's going to grow into a lion and it's going to eat you. And then we want to say that we have a problem in this country with these violent acts. Yet, we're sitting here saying that we're not going to support the mere ability to look at the explicit language of influential minds that you're giving these books to and I would ask that we support the bill and we give opportunity to be able to allow these parents the ability to review the material, to understand and opt them out and give them another option other than the one that they have now.

[Unknown]

Thank you, Senator. The Senator from Fairfax city, Senator Petersen .

[Unknown]

Thank you, Mr. President. Speaking to the bill.

[Unknown]

The Senator has the floor.

[Unknown]

Mr. President, ladies and gentlemen of the Senate, there are certain life events that if they occur to me, my wife has to contact the authorities necessarily because it will be proof -- immediately because it will be proof that I 've been kidnapped by aliens and replaced by a body double, and one of those will be serving on a school board. The reason is just this. We have school boards at the local level that deal with outraged parents when a book is assigned or an assignment is given and there's unhappiness in the community because they feel that that is inappropriate. That is what they do. That is why they are elected and we did choose to elect them many years ago. That's not our job and really not the job of a state agency to get involved in that process when we have a board that does expressly that. Let's talk a little bit about what it means to be sexually explicit, and we talked about it in terms of books, but it really says instructional material. Now, there are some things that you study in high school that could in certain circumstances be considered sexually explicit. The statue david by michelangelo, the stat stew of venus de mile lo. If you look at certain photographs in slietion, they can be considered sexually ex-mess sit. There's a photograph of a young vietnamese girl that is running naked after a bomb attack. That could be considered sexually explicit. Without context, maybe it shouldn't be in front of our children, but in the context of a hafet book or art history lesson, it should be in front of them or should be decided by somebody else if it should be. I've been contacted by teachers in my district who are very concerned about this bill and one of the reasons is they teach advanced placement classes which are supposed to be taught as college classes with a certain level of maturity that's assumed. And yet, we're not making any decision here for 11th or 12th grader to study the college level material. We're saying this applies blankety across the board for every parent of a child that attends a high school and elementary school. I'm simply close, the gentleman from gray sons exactly right that there's a lot of evil in the world and you read about it and you attempt to overcome it and a lot of that unfortunately will come in front of our children whether we like it or not. And every night I try and read from a gook that talks -- book that talks about evil, rape, incest, everything else, it's called the bible. And you want to talk about a book that has all sorts of unsavory incidents that without context shouldn't be permitted in front of our children, that would be one great work of literature I 'd complend to you would qualify. I don't know how this legislation got out of the House 98-0, but this legislation is not necessary. We have people that stand at the gate to watch this issue. It's not us, and I think that the gentlelady from northern Fairfax is exactly correct that if we do pass this law, I think we're sending a signal that we are not the --

Bill Howell

Would the gentleman from Fairfax yield for a question?

[Unknown]

Wot gentleman yield for a question?

[Unknown]

Gladly.

[Unknown]

He yeeds, Senator gra you're telling me a book that I read more than any other, the bible, explicitly explains rape and incest in that book? In detail. Tell me that.

[Unknown]

The Senator from Fairfax city.

[Unknown]

I would say if you look at the story of absolom and his relations with his sister, you might want to look at that story and that would be an example of incest.

[Unknown]

And it talks about --

[Unknown]

Come through me.

[Unknown]

Gentleman yield for another question?

[Unknown]

I yield.

[Unknown]

He yield many, Senator .

[Unknown]

So the gentleman won't tell me what reference he's reading in which it talks about how he lays down his sister and how he actually describes the act that he takes with her? What reference is he reading?

[Unknown]

The Senator from Fairfax city.

[Unknown]

I would say in the book of ii samuel, one of the brothers lays with one of the daughters of the king of david and absolom wills that brother and as a result -- kills that brother and that incident is described in detail in the bible. It's in the book of ii samuel.

[Unknown]

The Senator from Grayson .

[Unknown]

The gentleman is saying then that --

[Unknown]

You like to ask another question?

[Unknown]

I would like to ask another question.

[Unknown]

Yield for an additional question?

[Unknown]

I do.

[Unknown]

He yields, Senator .

[Unknown]

So the gentleman is saying that there is nothing left to the imagination of the acts in which it is occurring in those stories?

[Unknown]

The Senator from Fairfax

[Unknown]

I would say to the gentleman city? That the act could be described as sexually ex-mess sit under the terms of this legislation, absolutely, the way it's describe in ii samuel.

[Unknown]

The Senator from Grayson .

[Unknown]

No further questions.

[Unknown]

Thank you, Senator. The senior Senator from Loudoun, Senator Black .

[Unknown]

Thank you, Mr. President. I speak in favor of the measure.

[Unknown]

The Senator has the floor.

[Unknown]

Ladies and gentlemen, I 'll begin by saying that worcht most disturbing things about this whole session has been the constant negative references to holy scripture, and I know they're used as justification for every kind of wicked and easterly thing that you can think of -- evil thing that you can think of, but I got to tell you that on a personal basis, that disturbs me, but as to this measure, what are we trying to hide from parents? Why are we trying to hide this stuff from parents? Remember, remember what this bill does. First of all, it simply tags material that is sexually explicit and it gives notice to the parent. Why are we afraid to give notice to the parent of material that is deemed sexually explicit? If we were to tag the statue of michelangelo, which everyone knows would never happen, everybody knows would never happen, it wouldn't make a bit of difference. Nobody would even think about it. That's not what anybody is going to tag and we all know that. So we I .D., we tag it, we give notice to the parent, and then we give the parent the option to opt out. Now, we talk about great works. I heard somebody not today but another day mention the diary of anne frank. I read that when I was young. I don't -- I remember some very gentle romantic thoughts and so forth that anne frank had, but I don't remember anything that was sexually explicit and I 'll tell you --

[Unknown]

Mr. President.

[Unknown]

I cannot hear the Senator .

[Unknown]

Can you call the body to order, please?

[Unknown]

Take your seats. Please resume Senator .

[Unknown]

Thank you, Mr. President. I will tell you that the gentleman from Grayson shared with me privately some of the things that were contained in the works that were challenged by the mother from Fairfax County. I would want to know that. If that were being taught to any of my 14 grandchildren, I would want to know -- and I can understand why she was outraged. This material should not be in the schools at all, but we have taken a very gentle measure, a very -- you know, because frankly, our culture has gotten beyond the point where it is good and decent. It yad to be you send your -- used to be you send your kids to school and you knew that the one place on earth that they were going to be protected from things that were indecent that, were nasty, was with your school teachers. We don't know that anymore, but we introduce a very, very soft and gentle and minor measure that says we identify and flag those things that are, frankly, many of them are unlawful. They're unlawful. If they are obscene, there is a statute in Virginia that makes them unlawful. So we flag them. We give notice to the parent and we give the parent the option of having an alternative. And I really think we need to respect our parents and, frankly, I think we ought to clean up our schools. They are simply moving in a very dark direction in many respects, in respect to the things that we are instructing, the things that we're requiring our children, now we're talking about the -- you know, we're going to have boys using the girls locker rooms and stuff. We're just going nuts in our schools. I mean, they are sinking below anything that we would have ever imagined 20 years ago, and to oppose such a gentle and minor measure, it's really -- it's upsetting to me that people feel that we cannot notify parents and give them the option -- maybe we're simply embarrassed to have those parents read the type of things that are going on in the schools. I suspect that that is as much the motivation as anything behind the opposition to this and I want to see the parents know what their children are seeing, so I would encourage everyone to vote for this measure.

[Unknown]

Thank you, Senator. The Senator from Hampton, Senator Locke .

[Unknown]

Thank you, Mr. President. Speaking against the bill.

[Unknown]

The Senator has the floor.

[Unknown]

Mr. President, this issue arose out of the ainement of the beloved in an a.P. English class, and that syllabus for that a.P. Class very clearly stated that books assigned in this course May contain mature content, including offensive language, violence, and/or implied or explicit sexual situations. Information on how to access academic reviews or additional information about books, notification that an alternative reading assignment will be provided if parent and/or student objects to the selection of assigned novel, notification that a copy of the novel would be available to parents upon request. It also requires the signature of the parent. Ancht p. Courses are -- a.P. Courses are optional, they're not required by the student. So if a student is enrolled in a.P. Course, they don't like it, which are college level courses, they can opt to do something else. Also, in this bill passes, it not only applies to english language arts, it would also apply to science, physical education, social studies, art and art history, and everything that a student will take accept mathematics. So if that's a road that we're going down where we are now beginning to determine what students can and cannot read in whatever course they are taking, it would refer to as being a kitten that morphs into a lion, I will say to you that this bill is the kitten that's about to morph into a lion because next year, we're going to be seeing something else added on to this legislation that we're going to be banning. Thank you, Mr. President.

[Unknown]

Thank you, Senator. The junior Senator from Henrico, Senator Dunnavant .

[Unknown]

Speaking to the bill.

[Unknown]

The Senator has the floor.

[Unknown]

I want to be clear, we are not banning anything with this bill. We are well beyond the scope of the bill now, and somebody must take alternate responsibility for educating every child in the commonwealth and that person is the parent. And the parent should be involved in every syllabus and every class and all the material that the child is seeing and as we've heard expressed in this body today, there will be a wide scope of opinion about what your child should be exposed to, but that decision should rest with the parent. It concerns me that there's concern that the parent would have a say in all of the syllabuses in the classes. This in no way censors anything. This bill simply places the opportunity where it should be and that is with the parent to decide what their child should be exposed to while they're minors. I encourage you to vote for the bill.

[Unknown]

Thank you, Senator. The Senator from Buckingham, Senator Garrett .

[Unknown]

Thank you, Mr. President. Speaking to the bill.

[Unknown]

The Senator has the floor.

[Unknown]

I would equate the terms speaking against the bill to speaking against telling parents what their children are required to read. Speaking against telling parent what happened their children are required to -- parents what their children are required to read. The word banning, Mr. President, and I 'm not going to shirk this because I 'm -- the word banning is a lie. There is no suggestion in this bill of banning any single book and the Senator from Grayson is a lot nicer fellow for me. He said he wouldn't read these passages. How can we debate them if we don't read them. I'll redact some of the language, but I 'll read them. What old Black man say to the hunch backed 11-year-old girl, a bolt of desire ran through his genitals, softening the lips of his anus. He wanted to f her tenderness, but tenderness wouldn't loled. The tightness of her v was more than he could bear. His soul seemed to slip down his guts and fly into her --

[Unknown]

Mr. President, Mr. President, Mr. President. Would the gentleman yield for a question?

[Unknown]

Would the Senator yield for a question?

[Unknown]

Yes, sir.

[Unknown]

Mr. President, would the gentleman agree that the language that he is even redacting May not be best to have the pages in the room and that the reading of this document May not be valuable at this point?

[Unknown]

Mr. President, I would wholeheartedly agree and I would submit that no one should have to listen to that as a nirn without the consent -- minor without the consent of their parents. Mr. President, if I could conclude.

[Unknown]

The Senator from James city county.

[Unknown]

Would the gentleman yield for a question?

[Unknown]

The Senator from Buckingham yield?

[Unknown]

Absolutely, Mr. President.

[Unknown]

Mr. President, I respect your articulation and I 'm asking whether or not you would respect my very humble request to prance not be so explicit and to rely upon the articulation that I know is embodied in your spirit and your mind?

[Unknown]

Absolutely, Mr. President. I'll conclude. I cease reading. That makes the point, doesn't it? I apologize, that was a rhetorical question. The bottom line is this. Nothing in the bill bans anything. So speak against the bill speaks against informing parents what their children is required to read. I'd like veto power before your village is unleashed on my thank you. Child.

[Unknown]

The Senator from frankly county.

[Unknown]

Rise to speak to the bill.

[Unknown]

The Senator has the floor.

[Unknown]

I certainly enjoy the discourse we have when it comes to these issues and certainly these bills because at the end of the day, we all work together to try to do what's right for Virginia. And I heard just a couple of things that I think need remarking and I mean then in the most sincere way. We talked about the bible. My good friend basically all flows grew up with the gentleman from Fairfax city said that the bieb has some what we consider under this bill, maybe some sexually explicit language and maybe that's a book that shouldn't be allowed in our schools. Then I was reminded, we ban that book right now from our public schools and it's not because of the explicit language. As a parent, I want to know and my wife I can tell you wants to know and has reserved and earned the right to know and to make decisions for our children of what they will read when it comes to thises could text. This -- this context. That decision, ladies and gentlemen, ultimate rests with us, the parent. That's what this bill does. Because the same decision that results in that determination that rests with us in what they May or May not read in school is the same determination and authority and power that we have in our home. I've heard the word censorship and yes, censorship is horrible in a free society. But let me remind you, and especially, Mr. President, you know my wife, my home is not a free society. Censorship is bad in a free society, but Mr. President, it is demanded in a good family in order to raise great children who will then become great citizens of our commonwealth. Thank you.

[Unknown]

Thank you, Senator. The Senator from Chesapeake, Senator Cosgrove .

[Unknown]

Thank you, Mr. President. Speaking to the bill.

[Unknown]

The Senator has the floor.

Bill Howell

Mr. President, I hope we'll pass this bill, but I do have to express thanks to the gentleman from Lynchburg and the gentleman from James city county in pleading for a stop to one of the wors -- worst! -- soliloquies we've heard on this House floor. I'm ashamed. Thank you, Mr. President.

[Unknown]

Thank you, Senator. The Senator from Grayson, Senator Carrico .

[Unknown]

Mr. President, I 'll be brief. I know that many have spoken and some have spoken about the bible and my good friend from Franklin talked about the fact that we've already banned that from school. And I would just say that the reference made to the bible about acts are not explicit, they are to teach one about the evil that occurs, and I 'll just read from this passage. Be sober, be vigilant because your adversary the devil walks about like a roaring lion, seeking who he May devour.

Bill Howell

Thank you, Senator. The question is shall House bill 516 all in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.

[Unknown]

Ayes 22, nos 17.

[Unknown]

Ayes 22, nos 17. The bill passes.

[Unknown]

House bill 481, a bill relating to compliance with detainers, u.S. Immigration and customs enforcement, criminal injuries compensation fund. Reported from committee on rehabilitation and social services with a substitute.

[Unknown]

The Senator from Spotsylvania, Senator receivers.

[Unknown]

Thank you, Mr. President. I ask that we agree to the committee substitute and I would ask that the bill go bye for the day.

Bill Howell

Thank you, Senator. The question is shall the committee substitute be agreed to. All in favor of the motion will say aye. Those opposed, no. The ayes have it. The substitute is agreed to. House bill 481, without objection, will go bye for the day.

[Unknown]

House bill 535, a bill relating to limited liability for beekeepers. Reported from committee on agriculture, conservation and natural resources.

[Unknown]

Senator from Stafford, Senator Stuart .

[Unknown]

Thank you, Mr. President. I move the bill pass and speaking to that motion.

[Unknown]

The Senator has the floor.

[Unknown]

Mr. President, as this body is aware, I think that the Senator from Bath has sponsored I 'm trying to help get the bee several bills. Population back up in Virginia. Agriculture and what the bill seeks to do is provide a limited amount of immunity for bee keepers if their bee stings somebody off their property as long as they follow best management practices and that's what the bill does. I move the bill pass.

Bill Howell

Thank you, Senator. The question is shall House bill obviously, we need those for 535 record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.

[Unknown]

Ayes 36, nos 3.

[Unknown]

Ayes 36, nos 3. The bill is passed.

[Unknown]

House bill 879, a bill relating to alcoholic beverage control, farm wineries and limited brewery licenses, land zoned agricultural. Reported from committee on rehabilitation and social services with a substitute. And there is a floor substitute.

[Unknown]

The Senator from spofrl, Senator Reeves .

[Unknown]

Mr. President, I 'm going to ask that bill go bye for the day. I think we still have some stuff to do on it.

Bill Howell

Thank you, Senator. Without objection, House bill 879 will go bye for the day.

[Unknown]

House bill 1142, a bill relating to hunting with a slingshot. Reported from committee on agriculture, conservation and natural resources.

[Unknown]

The Senator from Stafford, Senator Stuart .

[Unknown]

I apologize, Mr. President. I would move that the bill pass and speaking to that.

[Unknown]

The Senator has the floor.

[Unknown]

Mr. President, the folks in southwest Virginia would like to hunt small game with a slingshot and that's what this bill does. With that, I 'd move the bill pass. [ inaudible comments ]

Bill Howell

Thank you, Senator. The question is shall House bill 1142 record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.

[Unknown]

Ayes 28, nos 11.

[Unknown]

Ayes 28, nos 11, the bill passes. [ captioning will resume shortly ] carry them off and have them euthanized, that's what the bill does.

Bill Howell

Thank you, Senator. The question is shall the House bill 1231 pass. All in favor of the motion record their votes aye, opposed no. Vote? Have all the senators voted? Do any of the senators desire to change their vote? The clerk will close the roll.

[Unknown]

Ayes 35, no's 3.

[Unknown]

Ayes 35, no's 3, the bill

[Unknown]

Uncontested calendar, House passes. Bills on second reading.

[Unknown]

Senator from James city county, Senator Norment .

[Unknown]

Thank you, Mr. President. I respectfully move that all of the House bills on the second reading on the uncontested and regular calendar, which would include all House bills on pages 26 through 36, including House bill 25 through House bill 1348, that the rules of the Senate be suspended and that the second constitutional reading and the titles be dispensed with, sir.

[Unknown]

Thank you, Senator. The question is shall the rules be suspended and the second reading of the titles of House bills on the uncontested and regular calendars Page 26 through 36, House bill 25 through House bill 1348 be dispensed with. All in favor of the motion record their votes aye. Those opposed no. Are all the senators ready to vote? Have all the senators voted? Do any of the senators desire to change their vote? The clerk will close the roll.

[Unknown]

Ayes 38, no's zero.

[Unknown]

Ayes 38, no's zero. The reading of the titles is dispensed with. The Senator from James city county, Senator Norment .

[Unknown]

Thank you, Mr. President. I would ask that all the bills be passed by for the day, sir.

[Unknown]

The question is shall the House bills on the uncontested and regular calendars now on third reading go by for the day. All in favor of the motion say aye. Opposed no. Ayes have it. Bills will go by for the day.

[Unknown]

Regular calendar, House joint resolutions on third reading. House joint resolution 210, election of a supreme court of Virginia justice. Reported from the committee

[Unknown]

Senator from Rockingham, for komg. Senator Obenshain .

[Unknown]

Could that go by for the day.

Bill Howell

Without objection, hjr 210 by for the day.

[Unknown]

Uncontested calendar, House joint resolution on second reading. House joint resolution 64. Confirming the appointment by the chief justice of the supreme court of Virginia of the chairman of the Virginia criminal sentencing commission.

[Unknown]

Thank you, madam clerk. The Senator from James city county.

[Unknown]

Mr. President, inquiry of the clerk. Does that complete today's very interesting calendar?

[Unknown]

Thank goodness, yes.

[Unknown]

Is there any other business for the Senate ? The clerk will please report any announcements on the desk.

[Unknown]

On Page 3 of the calendar, the House of delegates has acceded to the request of the Senate for committee of conference on House bill 386. The conferrees on the part of the senators named by the chair the committee on Senator Newman or senators education and health. Cosgrove, Chase, and Locke. On Page 14 of the calendar, Senate bill 544, the conferrees on the part of the Senate is named by the chair of the committee for courts of justice, Senator Obenshain, senators Newman, Deeds and Carrico. Today Tuesday, March 1st, committee on privileges and elections will meet immediately upon adjournment in Senate room a. Committee on local government will meet one-half hour after adjournment in Senate room b. Education and health subcommittee on copn one-half hour after adjournment Senate room 3. Senators Newman, Saslaw, Lucas, Barker, Cosgrove, dunavant, Chase and Suetterlein. Wednesday, March 2nd, women's legislative roundtable will meet at 8:30 a.M., 4th floor east conference room. Xiltee on finance -- committee on finance meets at 9:00 a.M. Senate bill room b. Republican caucus will meet at 11:30 a.M., Senate room 2. Dik caucus will meet at 11:30 a.M. In Senate room 1.

[Unknown]

Thank you, madam clerk. The Senator from Lynchburg, Senator Newman .

[Unknown]

Mr. President, I move that the Senate do now adjourn until 12:00 noon tomorrow.

[Unknown]

Thank you, Senator. The question is, shall the Senate stand adjourned until 12:00 noon tomorrow. All in favor of the motion will say aye. Opposed no. The ayes have it. Senate stands adjourned until 12:00 noon tomorrow. 12:00 noon tomorrow.