02/17/2015 Senate Proceedings

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Minutes

Called to order at 12 m. by Lt. Governor Ralph S. Northam

Prayer offered by Senator A. Donald McEachin, Richmond, Virginia

ROLL CALL OF MEMBERS: quorum present

Motion of Senator Stanley dispensed with reading of Journal (32-Y
5-N 1-A)

COMMUNICATION FROM HOUSE (HN10216): reading waived (38?Y 0?N)

The House of Delegates has passed with substitutes the following
Senate bills: SB 803, 1019, 1430

The House of Delegates has agreed to the following House joint
resolution: HJ 815

The House of Delegates has passed the following Senate bills: SB
702, 759, 792, 817, 895, 944, 947, 956, 1018, 1041, 1058, 1106, 1111, 1117,
1218, 1240, 1330

Senate bills with House substitutes placed on Calendar

House joint resolution laid on Clerks Desk: see February 18 Senate
Calendar

BILLS REPORTED

From Commerce and Labor: HB 1285, 1357, 1360A, 1386A rereferred to
Finance, 1444A, 1475, 1487, 1523, 1563, 1608, 1629S, 1640, 1681, 1742, 1747A,
1768, 1800S, 1806, 1878S, 1880, 1942, 1950, 1986A, 2031A, 2059, 2081A, 2176,
2209, 2299A, 2357

From Finance: HB 324S, 1279, 1286A, 1297, 1329A, 1400A, 1489, 1554,
1589, 1648, 1666A, 1705, 1721S, 1756, 1766, 1784, 1790, 1828S, 1842A, 1879S,
1885, 1890S, 1969, 2019, 2098, 2161S, 2162, 2173A, 2178S, 2179, 2204, 2277A,
2306S, 2307

From General Laws and Technology: HB 1451A, 1452, 1455, 1562A,
1588, 1597, 1618, 1632, 1633, 1641, 1642S, 1673S, 1757A, 1794, 1795, 1799A,
1826, 1854, 1860, 1867, 1899, 1901S, 1916, 1917, 1965, 1967, 2018, 2055A,
2071S, 2100A, 2148, 2207, 2283, 2288, 2295A

BILLS REREFERRED

From Commerce and Labor: HB 1486 rereferred to Courts of Justice,
1819 rereferred to Courts of Justice, 2384 rereferred to Finance

From General Laws and Technology: HB 1813 rereferred to Education
and Health

Leaves of absence granted: Senators Lucas and Puller

SJ 356 and 360 - offered by Senator Vogel

SJ 361 - offered by Senator Cosgrove

Joint resolutions presented, ordered printed and referred/joint
resolution laid on Clerks Desk under Senate Rules 11(b), (26)g and HJR 523:
see February 18 Senate Calendar

CALENDAR

UNFINISHED BUSINESS - SENATE

SB 675 - Passed by for day, Reconsideration of Passed by for the
day agreed to (37-Y 0-N), House substitute rejected by Senate (0-Y 38-N)

SB 676 - Passed by for day, Reconsideration of Passed by for the
day agreed to (36-Y 1-N), House substitute rejected by Senate (1-Y 37-N)

SB 701 - Passed by for day, Reconsideration of Passed by for the
day agreed to (36-Y 0-N), House amendment agreed to by Senate (37-Y 0-N)

SB 724 - House substitute agreed to by Senate (24-Y 13-N)

SB 892 - House substitute rejected by Senate (3-Y 34-N)

SB 916 - House substitute rejected by Senate (5-Y 33-N)

SB 918 - House amendments agreed to by Senate (38-Y 0-N)

SB 933 - House amendment agreed to by Senate (37-Y 0-N)

SB 941 - House substitute agreed to by Senate (38-Y 0-N)

SB 999 - House substitute agreed to by Senate (38-Y 0-N)

SB1037 - House amendment rejected by Senate (2-Y 36-N)

SB1042 - House substitute rejected by Senate (2-Y 36-N)

SB1074 - House substitute agreed to by Senate (38-Y 0-N)

SB1081 - House amendments agreed to by Senate (38-Y 0-N)

SB1094 - House amendment agreed to by Senate (38-Y 0-N)

SB1162 - House substitute agreed to by Senate (37-Y 0-N)

SB1187 - House amendment agreed to by Senate (37-Y 0-N)

SB1188 - House substitute rejected by Senate (1-Y 37-N)

SB1231 - House substitute with amendment rejected by Senate (0-Y
38-N)

SB1290 - House substitute rejected by Senate (0-Y 38-N)

SB1308 - House substitute agreed to by Senate (37-Y 0-N)

SB1319 - House amendment agreed to by Senate (38-Y 0-N)

SB1403 - House substitute agreed to by Senate (38-Y 0-N)

SB1404 - House substitute rejected by Senate (1-Y 37-N)

UNCONTESTED CALENDAR

HOUSE BILLS ON THIRD READING

HB1308 - Read third time, Passed Senate block vote (36-Y 0-N),
Reconsideration of passage agreed to by Senate block vote (38-Y 0-N), Passed
Senate block vote (38-Y 0-N)

HB1470 - Read third time, Passed Senate block vote (36-Y 0-N),
Reconsideration of passage agreed to by Senate block vote (38-Y 0-N), Passed
Senate block vote (38-Y 0-N)

HB1324 - Read third time, Passed Senate block vote (36-Y 0-N),
Reconsideration of passage agreed to by Senate block vote (38-Y 0-N), Passed
Senate block vote (38-Y 0-N)

HB1364 - Read third time, Passed Senate block vote (36-Y 0-N),
Reconsideration of passage agreed to by Senate block vote (38-Y 0-N), Passed
Senate block vote (38-Y 0-N)

HB1516 - Read third time, Passed Senate block vote (36-Y 0-N),
Reconsideration of passage agreed to by Senate block vote (38-Y 0-N), Passed
Senate block vote (38-Y 0-N)

HB1535 - Read third time, Passed Senate block vote (36-Y 0-N),
Reconsideration of passage agreed to by Senate block vote (38-Y 0-N), Passed
Senate block vote (38-Y 0-N)

HB1536 - Read third time, Committee amendments agreed to (voice
vote), Engrossed, Passed Senate block vote (36-Y 0-N), Reconsideration of
passage agreed to by Senate block vote (38-Y 0-N), Passed Senate block vote
(38-Y 0-N)

HB1634 - Read third time, Passed Senate block vote (36-Y 0-N),
Reconsideration of passage agreed to by Senate block vote (38-Y 0-N), Passed
Senate block vote (38-Y 0-N)

HB1817 - Read third time, Passed Senate block vote (36-Y 0-N),
Reconsideration of passage agreed to by Senate block vote (38-Y 0-N), Passed
Senate block vote (38-Y 0-N)

HB1827 - Read third time, Passed Senate block vote (36-Y 0-N),
Reconsideration of passage agreed to by Senate block vote (38-Y 0-N), Passed
Senate block vote (38-Y 0-N)

HB1829 - Read third time, Passed Senate block vote (36-Y 0-N),
Reconsideration of passage agreed to by Senate block vote (38-Y 0-N), Passed
Senate block vote (38-Y 0-N)

HB1847 - Read third time, Passed Senate block vote (36-Y 0-N),
Reconsideration of passage agreed to by Senate block vote (38-Y 0-N), Passed
Senate block vote (38-Y 0-N)

HB1958 - Read third time, Passed Senate block vote (36-Y 0-N),
Reconsideration of passage agreed to by Senate block vote (38-Y 0-N), Passed
Senate block vote (38-Y 0-N)

HB1961 - Read third time, Passed Senate block vote (36-Y 0-N),
Reconsideration of passage agreed to by Senate block vote (38-Y 0-N), Passed
Senate block vote (38-Y 0-N)

HB2052 - Read third time, Passed Senate block vote (36-Y 0-N),
Reconsideration of passage agreed to by Senate block vote (38-Y 0-N), Passed
Senate block vote (38-Y 0-N)

HB2083 - Read third time, Committee amendment agreed to (voice
vote), Engrossed, Passed Senate block vote (36-Y 0-N), Reconsideration of
passage agreed to by Senate block vote (38-Y 0-N), Passed Senate block vote
(38-Y 0-N)

HB2119 - Read third time, Committee amendment agreed to (voice
vote), Engrossed, Passed Senate block vote (36-Y 0-N), Reconsideration of
passage agreed to by Senate block vote (38-Y 0-N), Passed Senate block vote
(38-Y 0-N)

HB2141 - Read third time, Passed Senate block vote (36-Y 0-N),
Reconsideration of passage agreed to by Senate block vote (38-Y 0-N), Passed
Senate block vote (38-Y 0-N)

HB2177 - Out of block, Passed by for day

HB1277 - Out of block, Read third time, Passed Senate (34-Y 3-N)

HB1796 - Out of block, Read third time, Passed Senate (35-Y 1-N
1-A)

HB1439 - Read third time, Committee substitute agreed to (voice
vote), Engrossed, Out of block, Passed Senate (33-Y 3-N 1-A)

REGULAR CALENDAR

HOUSE BILLS ON THIRD READING

HB1626 - Read third time, Garrett floor amendment agreed to (voice
vote), Engrossed, Passed Senate (22-Y 13-N)

HB1482 - Read third time, Committee amendments agreed to (voice
vote), Engrossed, Defeated by Senate (15-Y 22-N)

HB1488 - Read third time, Passed Senate (32-Y 5-N), Reconsideration
of passage agreed to by Senate (38-Y 0-N), Passed Senate (32-Y 6-N)

HB1507 - Read third time, Passed Senate (28-Y 9-N)

HB1565 - Passed by for day

HB1859 - Read third time, Passed Senate (36-Y 1-N)

UNCONTESTED CALENDAR

HOUSE BILLS ON SECOND READING

HB1353 - Rules suspended, Constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

HB1366 - Rules suspended, Constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

HB1476 - Rules suspended, Constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

HB1499 - Rules suspended, Constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

HB1500 - Rules suspended, Constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

HB1578 - Rules suspended, Constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

HB1639 - Rules suspended, Constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

HB1693 - Rules suspended, Constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

HB1694 - Rules suspended, Constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

HB1767 - Rules suspended, Constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

HB1775 - Rules suspended, Constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

HB1808 - Rules suspended, Constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

HB1927 - Rules suspended, Constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

HB1928 - Rules suspended, Constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

HB1964 - Rules suspended, Constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

HB1984 - Rules suspended, Constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

HB2036 - Rules suspended, Constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

HB2043 - Rules suspended, Constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

HB2049 - Rules suspended, Constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

HB2094 - Rules suspended, Constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

HB2329 - Rules suspended, Constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

REGULAR CALENDAR

HOUSE BILLS ON SECOND READING

HB1445 - Rules suspended, Constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

HB1506 - Rules suspended, Constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

HB1601 - Rules suspended, Constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

HB1807 - Rules suspended, Constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

UNCONTESTED CALENDAR

SENATE BILL ON FIRST READING

SB1464 - Read first time

On motion of Senator Stosch, the Senate adjourned in Honor of
Corporal Ismael Franco, USMC at 1:42 p.m. to convene
Wednesday, February 18, 2015 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.

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 Senator McEachin.

Good morning. Let us pray. Creative God, you who are our eternal mother and our father, we gather today as we have each day of this session to do the people's business. We ask that you bless each Senator gathered here, give us each the wisdom to do what is in the best interest of the people you love so dearly, the people of Virginia. Father, we ask a special blessing today for tidy and louise, bless them in their absence. We acknowledge you as the greatest of all physicians, bless them and restore their health. We thank you for the special lace we call Virginia, we have no doubt you were thinking about us when you plant that very first dogwood tree, we love our sweet Virginia breeze. Cop tin tow bless this land and, indeed, all your creation and let the people of God say amen.

Amen.

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

You have a quorum, mr. President. Senate journal for Monday, February 16, 2015.

The Senator from Franklin, Senator Stuart, moves the reading of the journal be waived. All in favor of waiving the reading of the journal please vote 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.

Ayes 32, nos 5, rule 36:1.

Ayes 32, nos 5, rule 36:1. 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.

Thank you, mr. President, I would respectfully move we waive the reading of any communications received from the House of deligates.

Thank you, Senator. The question is shall the reading of 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.

No one der it snowed. Ayes 38, nos zero.

Ayes 38, nos zero. The reading of the communications is waived. The clerk will report any communications from the governor.

We do not have any, sir.

The time has come to recognize visitors and welcome them to the gallery and take up other matters of the morning hour. Senator Locke.

Mr. President, I would like to request a leave of absence for my seat mate, the Senator from ports smowt who is away from the capitol on pressing personal business.

Thank you, Senator. The journal will reflect Senator Lucas is away from the capitol on pressing personal business. The Senator from bath, Senator Deeds.

Mr. President, I would request that the journal reflect that my seat mate, the gentle lady from southeast Fairfax is away from her desk on a party of pressing personal business.

Thank you, Senator. The journal will so reflect the Senator from southeast Fairfax Senator Puller is away from the capitol on pressing personal business. The Senator from buckingham, Senator Garrett.

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

The Senator has the floor.

The with my aide is an attorney, I don't want you to hold it against him, he is council for sky dive orange which is the oldest continuously operating sky diving business. He has over 5,000 jumps so he, combined with kevin, are closing on 10,000 total jumps, and one of the neat things about christopher is he worked his way through georgetown as a d.C. Cop, he has seen somethings. I ask we grant to him the warm welcome of the Senate.

Thank you, Senator. Christopher, if you are in the gallery, would you please rise? Thank you for joining us, sound like you have had quite a number of exciting action and having been in the airplane, I never went in that direction but I always admire folks who had the courage to do that. Thanks for all you have done. I'd ask the Senate to please join me in offering him the warm welcome of the Senate. [applause] the Senator from spotsylvania, Senator Reeves.

Good morning, mr. President. I rise for purposes of an introduction.

the Senator has the floor.

Thank you, mr. President. Today the general assembly has been honored by members of the legion of valor of the united states of america. The legion of valor consists of armed force members and others who are recipient of the medal of honor which is given for the risk of life above and beyond duty. The other award are for extraordinary heroism and there are few members available because many of the decorations have been awarded posthumously. The legion of valor is a comp em rat partner in the 50th anniversary of the vietnam war. The league up members are here today to recognize those members who have served in the armed forces of the united states during the vietnam war era. The general assembly of vietnam veterans received a commemorative letter, a pen, brochure and bumper sticker. Those legislators are recognized and would you please stand when I call your name. Richard Black, john Edwards, emmett hearnght, frank Ruff, ralph Smith, frank Wagner and john Watkins. Mr. President, in the gallery is the legion of valor, he received his cross in vi he narnlings he is chair of the 50th anniversary commemorative partner, I would ask you not only give the fine lieutenant colonel in the balcony but our members standing for their service.

If there are any other veterans among us if you would please rise as well. Thank you, sir, for your service and thanks to all of you all who have risen for your service. One of the things that we are all committed to is taking care of our veterans and that includes ending homelessness, that include providing them jobs when they return from overseas and also providing them and their families healthcare. So these are somethings we are very committed to doing, so, again, thank you for being here today and thank you all for your service. I would ask the members of the Senate to please join me in offering colonel renaldo and others the warm welcome of the Senate. [applause] Senator from Franklin, did you have an introduction? Senator from Franklin ? Is there any other business for the morning hour? Seeing none, the clerk will please call the calendar.

Senate calendar for Tuesday, February 17, 2015. Unfinished business. Senate. Senate bill 675 has passed the House with a substitute.

Senator Barker.

I move that we accept, concur with the House amendment, the substitute from the House and speaking to that.

The Senator has the floor.

Mr. President, the House made amendments to this bill and the following bill, they are the two bills dealing with the veterans care centers that are proposed in Virginia, one in northern Virginia and one in the Hampton road area. This is for the northern Virginia airy asm the House amendment -- the amendment that passed in the House tied the state share of funding, there's also a federal share of funding for this but the state share would be based on 2014 that was built into the budget. That is important because we are one of the priority 1 project at the federal level and we need to have the money in effect in hand to be able to advance it. The congressional Senate delegations on capitol hill are working to get funding provided for us this year, so I ask the Senate confirm the House.

Will the gentleman yield for a question?

Certainly, I will be happy to yield.

he will yield.

I was inform the Senate position was to fully support those care centers but not to infringe up on the bond issue that had been approved or the financing that had been approved for the capital project and I believe the House position was to use those proceeds and I need to know if that is embodied in the amendment made by the House.

Mr. President, yes, Senator, the amendment made by the House did exactly what you said and it used the proceed from last year's bonding authority and the rational for that is that we need to have the money in hand, we would not be eligible forgetting federal funding this year if we went forward with something that wouldn't be approved by the voters until November.

I would say to the gentleman and ask a question, if we assured you we have the funding accommodated so that there would not be a delay in the process but we chose not to use that funding mechanism, would that be a reason for you to join me in rejecting the House amendments.

The Senator from southern Fairfax County.

Mr. President, it would be a reason for entertaining that but since I 'm presengt this for the Senator from southeastern Fairfax, if you have a reason I would be happy to have the bill passed for the day.

Thank you.

Mr. President, I thought the gentleman was going to ask the bill was going to be passed bye for the day.

If you can provide me something afterward, I 'll be happy to pass it bye for the day. I'll make that motion.

without objection, Senate bill 675 will go bye for the day.

Senate bill 676 has passed the House with a substitute.

Senator Barker.

This has the same issue as 675 so I will ask that bill be passed bye for the day.

Without objection Senate bill 676 will go bye for the day.

Senate bill 701 has passed the House with amendment.

Senator from southern Fairfax County, Senator Barker.

Mr. President, I move we concur with the House amendment on this bill and speaking to it. The amendment changes the language a little bit but there is agreement from all parties we will reach the same end point here and we will have -- what will be implemented is the debit card that has been issued in the past for people receiving income tax returns refund will no longer be issued and people will have a check as the alternative to direct deposit. So with that I would ask we concur with the House amendment.

Mr. President.

I apologize, mr. President, but I need to ask that go bye for the day as well.

Without objection, Senate bill 701 will go bye for the day.

Senate bill 724 has passed the House with a substitute.

The senior Senator from loudoun, Senator Black.

Thank you, mr. President. With a recommendation that we accept the House substitute, I move the substitute and speaking to the motion.

the Senator has the floor.

Ladies and gentlemen, this is the common core bill that we have discussed previously. The substitute basically simplified the bill somewhat. It really has not made any great substantive changes to it and for that reason I recommend that you accept the substitute.

Thank you, Senator. The question is shall the Senate agree 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.

Ayes 24, nos 13.

Ayes 24, nos 13, the House substitute is agreed with.

Senate bill 892 has passed the House with a substitute.

Senator from Fairfax City, Senator Petersen.

With a recommendation we reject I move we adopt the House substitute. This is the good samaritan overdose bill and the House rewrote it and I think we need to send it into conference so I recommend we reject.

With the recommendation that the substitute be rejected, 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.

Ayes 3, nos 34.

Ayes 3, nos 34. The substitute is rejected.

Senate bill 916 has passed the House with a substitute.

Junior Senator from loudoun, Senator Wexton.

I move we reject the substitute. This was conformed to the House version which set specific standards after which a diploma seal would have to be awarded and I would submit that the more appropriate course is to allow the board of education to make those decisions about what is appropriate. That is how we deal with other diploma seals that are already allowed under this code section and I would add that the criteria that are included in the House version of this bill are extremely low, it includes, for example, a cumulative grade point average of 2.Or higher for this to be awarded and I would submit if we are going to award these seals it be for academic achievement. I recommend we reject it.

The question is shall the substitute be agreed to. 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.

Ayes 5, nos 33.

Ayes 5, nos 33, the House substitute is rejected.

Senate bill 918 has passed the House with amendments.

Junior Senator from loudoun, Senator Wexton.

Mr. President, I move that we accept the House amendments and speaking to that motion.

The Senator has the floor.

All that the House amendments do for this bill is they change the wording in the title of the bill and also strike the two words "department of" in front of "state police." I move they be accepted.

The question is shall the House amendments be agreed to. 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.

Ayes 38, nos zero.

Ayes 38, nos zero, the House amendments are agreed to.

Senate bill 933 has passed the House with amendments.

Senator from northern Fairfax County, Senator Howell.

I move we accept the House amendment. When the bill left the Senate it covered stud interests who had died -- students who had died or been disabled. They have changed it to died. I move we agree to it.

The question is shall the House amendment be agreed to. 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.

Ayes 37, nos zero.

Ayes 37, nos zero, the House amendment is agreed to.

Senate bill 941 has passed the House with a substitute.

Senator stafford, Senator Stuart.

I move we concur with the House amendment and speaking to the motion.

The Senator has the floor.

As you will recall this was the bill that had to do with compensation for guardian ad litems in certain instances and we were trying to make sure victims didn't get taxed with the cost. This bill left the Senate with the clause on it, the House removed the clause this bill was funded in our budget, we topt need the clause. I move we concur with the amendment.

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.

Ayes 38, nos zero.

Ayes 38, nos zero, the Senate concurs with the House substitute.

Senate bill 999 has passed the House with a substitute.

Senator from stafford, Senator Stuart.

Thank you, mr. President, I move we concur can the House amendment and speaking to that.

The Senator has the floor.

This was a bill that made sure when you had a mortgage or deed of trust and you refinanced particularly that you were not taxed on the original amount of the mortgage, the House did wordsmithing, they did not change the intent of the bill but on lines 51 to 55 they spelled it out more clearly, I have no objection to that. With that I move we concur with the amendment.

Thank you, Senator. The question is slal 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.

That was my fawcialght I hit the wrong button.

Strike the board and we will start over. 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.

Ayes 38, nos zero.

Ayes 38, nos zero, the Senate concurs with the House substitute.

Senate bill 1037 has passed the House with amendment.

Senator from augusta, Senator Hanger.

thank you, mr. President. I move we concur with the House amendedment but ask we reject that motion.

The Senator has the floor.

Speaking to that, this bill would extend the green jobs tax credit. The Senate 's position we would extend it five years, the House amendment would restrict it to two years. I would ask the Senate to reject the House amendment.

With the recommendation that it be rejected the question is shall the House amendment be agreed to. 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.

Ayes 2, nos 36.

Ayes 2, nos 36, the House amendment is rejected.

Senate bill 1042 has passed the House with a substitute.

The senior Senator from henrico, Senator Stosch.

Thank you, mr. President. With a recommendation that we reject the House amendment, I move we concur with that and speaking to the motion.

The Senator has the floor.

Mr. President, it typical that the House and Senate has its own view of the six year capital plan. We passed our version, the House has passed their version and then conformed ours to what they believe it to be so in order for us to continue that negotiation, I ask that we reject the House amendment.

Thank you, Senator. With the recommendation that it be rejected the question is shall the substitute be agreed to. 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.

Ayes 2, nos 36.

Ayes 2, nos 36, the substitute is rejected.

Senate bill 1074 has passed the House with a substitute.

Senator from hanover, Senator McDougle.

Mr. President, I move we concur with the House substitute, speaking to the motion.

The Senator has the floor.

Mr. President, this is the similar bill that you will see later on the calendar in the House version, the House removed the cause from our version of the bill, we funded it in the Senate budget so I move we accept the House substitute.

Thank you, Senator. The question is shall the Senate agree 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.

Ayes 38, nos zero.

Ayes 38, nos zero, the Senate agrees with the House substitute.

Senate bill 1081 has passed the House with amendment.

Senator from fauquier, Senator Vogel.

Thank you, mr. President. With the recommendation we accept the House amendments, I move their passage and speaking to that motion.

The Senator has the floor.

The changes made by the House are very simple and technical in nature, they move the word "intentionally" and it has to do with prohibition of tripping of equines.

The question is shall the House amendments be agreed to. 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.

Ayes 38, nos zero.

Ayes 38, nos zero, the Senate concurs with the House amendments.

Senate bill 1094 has passed the House with amendment.

Senator Howell.

Mr. President, I move we concur with the House amendment. This bill created an advisory committee on family and domestic violence in dcjs and all this amendment does is clarify their expenses will be paid by federal grants, not by the state.

Thank you, Senator. The question is shall the Senate concur with the House amendment. 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.

Ayes 38, nos zero.

Ayes 38, nos zero, the Senate concurs with the House amendment.

Senate bill 1162 has passed the House with a substitute.

Senator from powhatan, Senator Watkins.

I would move we concur with the House substitute for Senate bill 1162.

The Senator has the floor.

Speaking to the bill. Mr. President, ladies and gentlemen of the Senate, all this did was add a section under the hybrid plan that predicted the poured would develop policies and procedures. This would give the hybrid retirement plans the political subdivisions the ability to introduce changes in those plans and I move that we accept the amendments.

Thank you, Senator. 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.

Ayes 37, nos zero.

Ayes 37, nos zero, the Senate concurs with the House substitute.

Senate bill 1187 has passed the House with amendments.

Senator Obenshain.

Mr. President, I move the House amendment be agreed to and speaking to that. The House amendment simply removes the clause "this is the dna data base bill." it is included in both the House and Senate budget and after having conferred with the chairman of the finance committee I move the House amendment be agreed to.

the question is shall the House amendment be agreed to. 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.

Ayes 37, nos zero.

Ayes 37, nos zero, the Senate concurs with the House amendment.

Senate bill 1188 has passed the House with a substitute.

Senator from rockingham.

With the recommendation it be rejected I move the House substitute be afreed to. We have to work out details in changes in sentencing that are inconsistent between the two versions.

Thank you, Senator. With the recommendation the substitute be rejected, the question is shall the motion be agreed to. 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.

Ayes 1, nos 37.

Ayes 1, nos 37, the substitute is rejected.

Senate bill 1231 has passed the House with a substitute with amendments.

The Senator from pots ill vein yeah, Senator -- spotsylvania, Senator Reeves.

Thank you, with a recommendation we reject the substitute, I move that the amendment be agreed to.

Thank you, Senator. That would reject the amendment as well, is that your attention?

It has the clause on it before and it does now. Yes, mr. President.

With the recommendation the substitute with the amendment be rejected, 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.

Ayes oh, nos 38.

Ace zero, nos 38, the substitute with the amendment is rejected.

Senate bill 1290 has passed the House with a substitute.

Senator from stafford, Senator Stuart.

Thank you, mr. President. With the recommendation it be rejected I ask the bill be passed.

The Senator has the floor.

This creates a default for murder situations, things that were highlighted by the hannah graham situation. We struck a provision and the House put it back, I 'm not sure we can do it, I 'd like to put this in conference, Delegate Bell has the other version, I 'd ask you reject it.

With the recommendation it be rejected, the question is shall the substitute be agreed to. 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.

Ayes oh, nos 38.

Ayes zero, nos 38, the substitute is rejected.

Senate bill 1308 has passed the House with a substitute.

Senator Chafin.

Thank you, mr. President. I move the Senate accept the substitute and speaking to the measure.

The Senator has the floor.

The substitute really doesn't import anything, it a change of a few word, the intent of the bill is maintained.

Thank you, Senator. The question is shall the Senate agree 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.

Ayes 37, no rehabilitation and social services zero.

Ayes 37, no's zero, the Senate concurs with the House substitute.

Senate bill 1319 has passed the House with amendments.

The senior Senator from Fairfax County, Senator Saslaw.

Mr. President, members of the Senate, when the bill left the Senate, what this bill did is it put all of the sales tax holidays on the same weekend in August, they were spread out one in May, one in August, one in October. When it left here it had them all on the same first Friday and the following Sunday in August. When it left here it also sunsetted two of the three, the hurricane preparedness and the energy products and the House also added the sun set for the school supplies, they are all sunsetted July 1st, 2017. So, it would give you two years if you felt you wanted to continue this to send another bill through to extend it. So, I would ask that we accept the House amendments since it makes it uniform, gives you one uniform sunset date.

Thank you, Senator. The question is shall the Senate concur with the House amendment. 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.

Ayes 38, nos zero.

Ayes 38, nos zero, the Senate concurs with the House amendment.

Senate bill 1403 has passed the House with a substitute.

Senator Martin.

Mr. President, I move the Senate concur with the House amendment, speaking to the amendment.

The Senator has the floor.

The amendment is very simple, it removes language dealing with international baccalaureate that was not intend pped to be addressed.

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.

Ayes 38, nos zero.

Ayes 38, nos zero, the Senate concurs with the House substitute.

Senate bill 1404 has passed the House with a substitute.

Senator Stosch.

With the recommendation we reject the substitute, I move we pass it, speaking to the bill.

The Senator has the floor.

This is designed to allow families to accumulate a savings account to take care of the education, medical and other need for these young people. The House has placed an amendment on it that makes it unworkable so I will ask you to reject the substitute so we can reconcile that matter.

Thank you, Senator. With the recommendation that it be rejected the question is shall the substitute be afreed to. 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.

Ayes 1, nos 37.

Ayes 1, nos 37, the substitute is rejected. The Senator from James city county, Senator Norment.

Thank you, mr. President. If we could stand at ease for just a moment, please.

Senate will stand at ease.

The Senate will come to order. Returning to page 1, Senator Barker.

Mr. President, I move we reconsider the vote by which we passed the bill bye for the day.

The question is shall the vote by which Senate bill 675 went bye for the day be reconsidered. 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? Change change the clerk will close the roll.

Ayes 37, nos zero.

Ayes 37, nos zero, the motion is agreed to. The Senator from southern Fairfax County, Senator Barker.

I now move we concur with the House amendment with a recommendation we reject the House amendment and speaking to the motion there.

The Senator has the floor.

After consultation with the senior Senator from henrico as well as with the Senator from southeastern Fairfax, I think we have an agreement in process, what the senior Senator from henrico has provided us with there is language for us to be able to develop the veteran affairs housing, one is to use general obligation revenue bonds that would be voted on in November if the money is not made available until next year, so with that I think it would make sense to put this bill in conference to get that bill address. Therefore I ask the Senate reject the House amendment.

Thank you, Senator. With the recommendation it be rejected the question is shall the substitute be agreed to. 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.

Ayes zero, nos 38.

Ayes zero, nos 38, the substitute is rejexd. The Senator from southern Fairfax County.

This is the same situation, relates to the Hampton roads veteran care center rather than the northern Virginia veteran care center. I ask the vote by which we voted Senate bill 676 to go bye for the day be reconsidered.

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.

Ayes 36, nos 1.

Ayes 36, nos 1, the motion is agreed to. The Senator from southern Fairfax County.

Mr. President, this measure is basically the same issue as related to 675, therefore, I will move that we concur with the House amendment but with a recommendation we reject the House amendment.

Thank you, Senator. With the recommendation it be rejected the question is shall the substitute be agreed to. 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.

Ayes 1, nos 37.

Ayes 1, nos 37, the substitute is rejected.

Mr. President? Bringing back the third measure, Senate bill 701 I ask we also reconsider the vote by which we passed that bill bye for the day.

Thank you, Senator. The question is shall the vote by which Senate bill 701 was passed bye for the day be reconsidered. 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.

Ayes 36, nos zero.

Ayes 36, nos zero, the motion is agreed to. The Senator from southern Fairfax County.

Mr. President, I move we concur with the House amendment on this bill, basically what this would do is addresses the issue of the income tax refund and there's agreement that we would move forward with eliminate the debit card and have the checking the alternative to direct deposit.

The question is shall the House amendment be agreed to. 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.

Ayes 37, nos zero.

Ayes 37, nos zero, the amendment is agreed with.

Uncontested calendar. House bills on third reading. Page 10.

The Senator from James city county, Senator Norment

Thank you, mr. President. I would now move all the hous bills on the second -- excuse me, let me back up. I would now move all the House bills on the third reading on the uncontested calendar, which would include all House bills on pages 10 through 16, including House bill 1308 through House bill 2141 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.

Thank you, Senator. The question is shall the House bills on the uncontested calendar third reading pages 10 through 16, House bill 1308 through House bill 2141 be placed upon their final passage in the block with the understanding that any Senator desiring a bill removed from the block will do so after the clerk has read the number of the bill. All in favor of the motion 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 bills.

H.B. 1308, reported from the committee for court of justice. H.B. 1470, reported from the committee on transportation.

Mr. President.

Senator from chesterfield.

In an effort to save the clerk's vocal cord, I ask that bill 2177 be taken out of the block and passed bye for the day.

Without objection House bill 2177 will come out of the block and bye for the day.

H.B. 1277, reported from the committee on agriculture, conservation and natural resources.

Senator from Roanoke.

Can House bill 1277 come out of the block.

Without objection House bill 1277 will come out of the block.

H.B. 1324, reported from the committee on agriculture, conservation and natural resources. H.B. 1364, reported from the committee on agriculture, conservation and natural resources. H.B. 1439, reported from the committee on rehabilitation and social services with a substitute.

Senator from Virginia beach, Senator Wagner.

I move adoption of the committee substitute.

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.

H.B. 1516, reported from the committee on agriculture, conservation and natural resources. H.B. 1535, reported from the committee on agriculture, conservation and natural resources. H.B. 1536, reported from the committee on agriculture, conservation and natural resources with amendments.

Senator from augusta, Senator Hanger.

Mr. President, I would move the committee amendments be agreed to.

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 committee amendments are agreed to.

H.B. 1634, reported from committee on rehabilitation and social services. H.B. 1796, reported from the committee on rehabilitation and social services.

Senator from Chesapeake, Senator Cosgrove.

I ask two requests, I ask House bill 1796 be taken out of the block as well as House bill 1439 on page 12 be taken out of the block.

That was 1439? Yes, sir, thank you, Senator. Without objection House bill 1439 and House bill 1796 will come out of the block.

H.B. 1817, reported from the committee on agriculture, conservation and natural resources. H.B. 1827, reported from the committee on agriculture, conservation and natural resources. H.B. 1829, reported from the committee on agriculture, conservation and natural resources. H.B. 1847, reported from the committee on rehabilitation and social services. H.B. 1958, reported from the committee on rehabilitation and social services. H.B. 1961, reported from the committee on agriculture, conservation and natural resources. H.B. 2052, reported from the committee on agriculture, conservation and natural resources. H.B. 2083, reported from the committee on rehabilitation and social services with amendment.

Senior Senator from Virginia beach, Senator Wagner.

I move the committee amendment.

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 committee amendment is agreed to.

H.B. 2119, reported from the committee on rehabilitation and social services with an amendment.

Senior Senator from Virginia beach, Senator Wagner.

Mr. President, I move adoption of the committee amendment.

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 committee amendment is agreed to.

H.B. 2141, reported from the committee on rehabilitation and social services.

Thank you, madam clerk, the question is shall the House bills pass in block, that is all bills except for 2177 on page 10, 1277 on page 11, 1439 on page 12 and 1796 on page 13. 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.

Ayes 36, nos zero.

ayes 36, nos zero, the bills in the block pass. Returning to page 11. House bill 1277. Senator from augusta, Senator Hanger.

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

The Senator has the floor.

This is a companion bill to Senate bill previously passed carried by the Senator from Petersen, it deals with licensed hemp, it would authorize growing of industrial hemp in the commonwealth of Virginia. Move it pass.

The question is shall it pass. 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.

Ayes 34, nos 3.

Ayes 34, nos 3, the bill passes. On page 12, House bill 1439, the senior Senator from Virginia beach, Senator Wagner.

Mr. President, can that bill go bye temporarily.

Without objection, House bill 1439 will go bye temporarily. House bill 1796. Senator Wagner.

Yes, mr. President, what House bill 1796 does is provide tastings at those local distillers, we have a fairly large market of distillers cropping up and this allows them to provide tastings and sell bottles.

The Senator from James city county, Senator Norment ? The question is shall House bill -- Senator Wagner, if you could make a motion.

Move the bill pass.

Thank you, Senator. The question is shall Senate bill 1796 pass. 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.

Ayes 35, nos 1, rule 36:1.

Ayes 35, nos 1, rule 36:1, the bill passes.

Regular calendar House bills on third reading h.B. 1626. A bill relating to participation in public school interscholastic programs by students receiving home instruction. Reported from the committee on education and health. And there is one floor amendment.

The Senator from buckingham, Senator Garrett.

That you want. Speaking to the floor amendment.

if we could waive the reading.

If you insist.

Mr. President, I would ask we waive the reading of the floor amendment.

The question is shall the reading of the floor amendment be waived. All 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 buckingham.

Thank you, mr. President, speaking to the floor amendment. There were some concerns raised as it relates to House bill 1626 which involves home educated student and interscholastic sports that it would be a mandate on the localities to ensure localities opt into the program, that they would essentially have no choice. What the floor amendment says very, very explicitly says nothing in this section shall require a local school board shall be established by student receiving home instruction, ironic we just waive the reading and I read it anyway. What it does is very explicitly spells out this would be a local opt in and I believe there are seven localities across the commonwealth have indicated a desire to do so. There May well be as characterized by someone I respect there are over 100 that will opt out, but what this does is make it clear the local school board has to opt in. By that I move the amendment be agreed to.

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

mr. President, I move that the bill pass and speaking to the a bill.

the Senator has the floor.

This bill is quite a watered down version of what has been referred to as the teevo bill in years gone by and it is now in its present form. It says that local school divisions can choose to allow nonpublic school students, homeschooled students to participate in their extra curricular activities, their sports, and then the Virginia high school league, it doesn't spell them out, but no organization can prevent them from playing against other teams in the system simply because they have chosen not to participate. Once again, let me say it gives the opt in ability but then prevents them from being stopped from playing. It allows them to play schools that have not opted in. That's all the bill does at this point and I 'd ask you pass the bill.

Thank you, Senator. The question is shall House bill 1626 pass. 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.

Ayes 22, nos 13.

Ayes 22, nos 13, the bill passes.

H.B. 1482. A bill relating to alcoholic beverage control; art instruction studio license. Reported from the committee on rehabilitation and social services with amendments.

He senior Senator from Virginia beach, Senator Wagner.

I move the committee amendments.

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 committee amendments are agreed to. The senior Senator from Virginia beach.

mr. President, what House bill 1482 does is define a category with art instruction where somebody who is purchasing art lessons might be included in an art lesson package, up to two glasses of wine or one glass of beer and the Price of the will alcohol would be included in the overall art charge. With that I move the bill pass.

Senator Petersen.

I rise to speak against the bill.

The Senator has the floor.

Ladies and gentlemen of the Senate, you know this bill actually came up in our committee in the first week of session and we defeated it, it was the exact same bill as the lady from mount vernon and on second thought we decided to pass it bye and I hope we take a third thought and reject it and here is why. You know, we have abc rules for a reason and that is where we have a for profit business or not for profit business and they have alcohol on site we force them to go through certain rules and have certain training and certain accountability. And every bars and restaurants -- there are no bars. Every restaurant in the commonwealth has to comply with the rules. What we are doing is creating a category of businesses that don't need to comply with the rules and we have done it one by one and they tend to be niche businesses and they come in with reasons they shouldn't be included. I represent a lot of restaurant, their employees go through the training and are accountable to the abc, every time we approve one of these we water it down. I don't find any compelling need to do this, I hope we reject this bill.

Senator McWaters.

I rise for purposes of an introduction.

I concur with my friend with the Senator from city of Fairfax. I have been involved in a lot of abc legislation and got me names like quirky and sudsy. I have look at this and I think it's a problem, I think it's pretty straight forward, I think it will create issues for us and issues with our restaurants so I hope we defeat this measure.

Thank you, Senator. The question is -- I 'm sorry, the senior Senator from Virginia beach, Senator Wagner.

I have no one else wishes to speak on the bill, we have done an exception, to a certain degree I agree with them, this is a very small niche market, I think it's a way to get people involved in art lessons, comes by and relaxes. As my wife related said at the hairdressers the lady sitting next to her knocked over a glass of wine on her while she was under the hairdrier.

That's a good way to get electrocuted.

She's probably watching and I 'll get a text message. I move it pass.

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.

Ayes 15, nos 22.

Ayes 15, no rehabilitation and social services 22, the bill does not pass.

H.B. 1488. A bill relating to conservation easements; disputes over easement terms. Reported from the committee on agriculture, conservation and natural resources.

Senator from augusta, Senator Hanger.

Thank you, mr. President. I move that the bill pass and speak to that.

The Senator has the floor.

Thank you, mr. President. Members of the Senate, this bill, House bill 1488 dealing with conservation easement evolved during the process as it was introduced on the House side. There was quite a bit of debate between conservation minded stakeholders verses property owner advocates. In the process they worked out an agreement which simply allows a land owner or other party to an easement to request that the Virginia conservation create the fund. I move the bill pass.

Thank you, Senator. The question is shall House bill 1488 pass. 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.

Ayes 32, nos 5.

Ayes 32, nos 5, the bill passes.

H.B. 1507. A bill relating to designating a segment of the dan river in Halifax County a state scenic river. Reported from the committee on agriculture, conservation and natural resources.

?Oish Hanger.

Snow Hanger.

.

Senator hearng.

This deals with the dan river and one question that I would have, I think it's a good thing to do this but it probably has been contaminated by fly ash from duke energy but we want to restore it. I move it pass.

The question is shall House bill 1507 pass. 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.

Ayes 28, nos 9.

Ayes 28, nos 9, the bill passes.

H.B. 1565. A bill relating to capturing of companion animals; authority of animal control officers. Reported from the committee on agriculture, conservation and natural resources.

Mr. President, could I ask that bill go bye for the day.

Without objection, House bill 1565 will go bye for the day.

H.B. 1859. A bill relating to conservation officers; breaks interstate park. Reported from the committee on agriculture, conservation and natural resources.

Senator from augusta, Senator Hanger.

Thank you, mr. President. This bill, House bill 1859 deals with the authorization for conservation officers at interstate parks, the Senator from russell previously had a bill structured to accomplish the same purpose, I move the bill pass.

thank you, Senator. The question is shall House bill 1859 pass. 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.

Ayes 36, nos 1.

Ayes 36, nos 1, the bill passes.

Mr. President?

Mr. President?

Mr. President?

Senator from mecklenburg.

Thank you, having voted on the prevailing side, can we reconsider House bill 1488.

Thank you, Senator. The question is shall the vote by which House bill 1488 pass be reconsidered? 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.

Ayes 38, nos zero.

Ayes 38, nos zero, the motion is agreed to. The Senator from augusta, Senator Hanger.

Thank you, House bill 1488 previously dealt with easements. I move it pass.

The question is shall the bill pass. 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.

Ayes 32, nos 6.

Ayes 32, nos 6, the bill passes.

Mr. President?

The Senator from grayson, Senator Carrico.

Having voted on the prevailing side which we passed all the House bills on the uncontested calendar, can rereconsider that vote?

Thank you, Senator. The question is shall the vote by which the House bills in block were passed be reconsidered. 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.

ayes 38, nos zero.

Ayes 38, nos zero, the motion is agreed to. The question is shall the bills in the block pass, that is all bills except for 2177 on page 10 and 1439 on page 12. 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.

Ayes 38, nos zero.

Ayes 38, nos zero, the bills in the block pass.

Mr. President?

Yes, sir, Senator Wagner.

Could we return to page 14, House bill 1439.

Yes, the Senator has the floor.

With a little intripidation, the especially from the text I got from my wine, this has to do with clean up, we have passed something called a growler, you can get a the growler and there's something a crowler, with that explanation I move the bill pass.

thank you, Senator.

Mr. President, will the Senator from James city county rise for purposes of translation?

Will the Senator from James city county yield?

I have arisen.

Thank you, Senator. The Senator has the floor.

What are we voting on?

Mr. President, I will slow it down a little bit for some of the more elderly folks in the body. Very slowly. This bill has to deal with updating the code to bring into account some of the new containers that are involved with taking beverages when you go to a restaurant that might have a brewery there, we already have in the code something called a growler, you can get beer and take it home with you, we have changed the size of that, they now have something called a crowler which is carbonated form, I don't understand the technicalities of it, and also there's a little bit of -- what's that and, so, with that explanation I move the bill pass.

Thank you, Senator. The question is shall House bill 1439 pass? 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.

ayes 33, nos 3, rule 36:1.

Ayes 33, nos 3, rule 36:1, the bill passes.

Uncontested calendar

Mr. President.

Senator from fauquier, Senator Vogel.

Having voted on the prevailing side which we passed House vote 1665, could it be reconsidered?

Which page is it?

I apologize, mr. President, apparently that was passed bye for the day, hence my missing it.

Now, uncontested calendar House bills on second reading

Senator from James city county, Senator Norment.

I'm thinking we might ought to take them in a block so we can reconsider them one by one. Mr. President, I respectfully move all the House bills on the second reading on the uncontested and regular calendar including all House bills on pages 19 through 27 including House bill 1353 through House bill 1807, that the rules of the Senate be suspended and that the second constitutional reading of the titles be dispensed with.

Thank you, Senator. The question is shall the rules be suspended and the second reading of titles of second reading page 1353 through House bill 1807 be dispensed with. 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.

Ayes 38, nos zero.

Ayes 38, nos zero, the reading of the titles is dispensed with. The Senator from James city county, Senator Norment.

Mr. President, having voted on the prevailing side by which ... Mr. President, I move all bills be passed bye for the day.

thank you, Senator. The question is shall the House bills on the uncontested and regular calendar on third riding be passed bye for the day. All in favor of the motion will say aye. Those opposed no. The ayes have it, the bills will go bye for the day.

Uncontested calendar Senate bill on first reading s.B. 1464. A bill relating to management of the menhaden fishery.

The Senator from James city county, Senator Norment.

Does that conclude today's calendar?

Yes, sir, unless someone wants to reconsider something?

The senior Senator from loudoun, Senator Black.

Thank you, mr. President, I rise on a point of personal privilege.

The Senator has the floor.

Ladies and gentlemen, I -- first I rise to give a very heart felt thank you to our pages. I went with them to the vat war memorial and we do this each year and I spoke with them and afterwards I was delighted to find on my desk photos of our visit and an american flag that they had presented me with that they had made and signed all of the stars and first I wanted to express my very deep gratitude to each of you for doing that, it was very, very thoughtful of you. I would like to just touch for a moment on the issue that we spoke about the most and, you know, it's always a show and tell that the museum and, so, we had my flight helmet which was of some interest but the real interest was a helmet worn by a friend of mine, corporal franko, and franko, the helmet that he had was worn when he was shot in the Head and fortunately the helmet deflected it but it very dramatic and after we finish, you are welcome to take a look at it. Not only did it bow out the steel and literally changed the force of that bullet in flight, but the kinetic energy was so enormous that with the finer glass helmet liner it burst a hole through it, burst a hole through the fabric, not a rip but actually blew it apart and he was given a concussion, he fell to the ground and he was unconscious and only awoke when bullets were hitting right in front of him and the graph he'll hitting -- gravel hitting him in the face woke him up and he could roll out of the way. He was involved in a heroic squad, we were engaged all across the front, everybody was committed by just fighting an overwhelming force of north vietnamese regulars and the company commander in desperation ordered franko's squad to attack. Here you had 15 guys attacking a force of hundreds and hundreds of dug in vietnamese, they went across, by the time they got to the other side 15 of them had diminished down to five remaining men who were pretty much all wounded, battered, his face had been ripped by shrapnel, they looked and faced 100 vietnamese regulars dug in, and in confusion he ordered them to attack. Here these five wounded marines got up and attempted to attack the force and they were all cut down by enemy fire and ismiel was the only survivor of the group, he was badly wounded and he's now medically retired in guatalajara, mexico where he has recovered from his wound. Years ago when I set up my facebook account somehow he was shown as my brother and I met with him and I chuckled with him and I said somehow you ended up being shown as my brother on my facebook. And he said with his heavy mexican accent, he said: I kind of like that. And I said: I like that too. So ladies and gentlemen, when we adjourn today, I would ask that we adjourn in honor of corporal ismael franko, united states marine corporations and again I thank all of our precious pages who have been so kind to me. Thank you so much.

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

Thank you, rise for point of personal privilege.

The Senator has the floor.

Mr. President, members of the body, we debated a couple weeks ago the state police registration fee bill and I want to thank every one for your support for that bill and I just want to rise on a point of personal privilege today to let you know, if you haven't read it, to give you some information as we were all leaving to get to our locations around 4:00 p.M. Yesterday, as the snowstorm hit Virginia they were being called out to -- assess alper son he'll to go to accidents and to make sure that every one is able to get home and to where their locations were safely and the numbers that came in this morning from that was that the state police yesterday worked 907 wrecks, 800 disabled vehicles that were stuck in ditches, had been abandoned on the road, answered 2,000 calls between 4:00 p.M. Yesterday and 8:00 a.M. This morning. Two troopers were hit and injured on the side of the highway from vehicles sliding into them, so as you all heard the debate on the bill, I just thought you should know this is one day in the life of a trooper and I appreciate all the support you gave for that bill. Thank you.

Thank you, Senator. The clerk will please report any announcements on the desk.

Today, Tuesday, February 17. The committee on local government will meet 1/2 hour after adjournment, Senate room b. The education and health subcommittee on health will meet 45 minutes after adjournment, third floor east conference room. Senators Newman, Black, McWaters, Barker and Lewis. The education and health subcommittee on health professions will meet upon adjournment of subcommittee on health, third floor east conference room. Senators McWaters, Lucas, Carrico, Garrett and Barker. The transportation subcommittee on funding will meet at 2:30 p.M., fourth floor east conference room. Senators Watkins, Wagner, Deeds and Colgan. The finance subcommittee on education will meet at 3:30 p.M., 10th floor conference room. Senators Norment, Colgan, Howell, Saslaw, Hanger, Ruff and McDougle. The committee on privileges and elections will meet at 2:15 p.M. Senate room a. The committee on privileges and elections will meet at 2:15 p.M. Senate room a. That's a change. Worker's compensation will meet 4:00 p.M., senators Wagner, Saslaw and McWaters. Tomorrow, Wednesday, February 18. The women's legislative roundtable will meet at 8:30 a.M., fourth floor east conference room. The committee on finance will meet at 9:00 a.M., Senate room b. The education and health subcommittee on higher education will meet at 9:00 a.M., third floor east conference room. Senators Smith, Saslaw, Garrett, Cosgrove and Petersen the general laws and technology subcommittee #1 will meet at 9:00 a.M., third west conference room. Senators Locke, Martin, Barker, Black and Garrett. The republican caucus will meet at 11:30 a.M., Senate room 2. The democratic caucus will meet at 11:30 a.M., Senate room 1.

Mr. President? Madam clerk, to save some conflict with the other committee meetings, let's have local government meet at 1:55.

That's local government will meet at 1:55.

Thank you, Senator. Senator from Lynchburg, Senator Newman.

Also to avoid conflict I would ask the transportation subcommittee on funding meet at 3:30 and not 2:30. 3:30 instead of 2:30.

The senior Senator from henrico, Senator Stosch.

Mr. President, I move that the Senate shall now adjourn until 12:00 noon tomorrow and as we do adjourn we do so in honor of corporal ishmael franko, united states marine corps.

The motion is we will adjourn until 12:00 noon tomorrow. All in favor of the motion will say aye. Those opposed no. The ayes haift, the Senate stand adjourned until 12:00 noon tomorrow.