02/20/2015 Senate Proceedings

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Minutes

Called to order at 11:00 a.m. by Lt. Governor Ralph S. Northam

Prayer offered by The Reverend Terry M. Gau, Union Presbyterian
Seminary, Richmond, Virginia

ROLL CALL OF MEMBERS: quorum present

Motion of Senator Black dispensed with reading of Journal (32-Y
5-N)

COMMUNICATION FROM HOUSE (HN10219): reading waived (36?Y 1?N)

The House of Delegates has passed with amendments the following
Senate bills: SB 876, 896, 1109, 1129, 1133, 1372, 1405

The House of Delegates has passed with substitutes the following
Senate bills: SB 885, 951, 1046, 1186, 1287, 1395

The House of Delegates has insisted on its substitutes and has
requested committees of conference on the following Senate bills: SB 803, 938

The House of Delegates has rejected the substitute proposed by the
Senate to the following House bill: HB 1959

The House of Delegates has agreed to the following House joint
resolution: HJ 789

The House of Delegates has passed the following Senate bills: SB
793, 809, 846, 850, 962, 969, 1008, 1036, 1045, 1052, 1097, 1120, 1125, 1151,
1174, 1204, 1226, 1260, 1268, 1283, 1333, 1368, 1377, 1378, 1380, 1390, 1412,
1417, 1423, 1427, 1434, 1445

The House of Delegates has agreed to the amendments proposed by the
Senate to the following House bills: HB 1536, 1626, 1868, 2083, 2119

The House of Delegates has agreed to the substitute proposed by the
Senate to the following House bill: HB 1439

The House of Delegates has agreed to the following Senate joint
resolution: SJ 338

Senate bills with House amendments and substitutes placed on
Calendar

House joint resolution laid on Clerks Desk: see February 23 Senate
Calendar

BILLS REPORTED

From Agriculture, Conservation and Natural Resources: HB 1298S,
1542A, 1686S, 1734, 1811, 1812, 1871, 1924A, 2058S, 2067, 2111, 2193A, 2195,
2226, 2240, 2246, 2247, 2257, 2330S, 2331

Rehabilitation and Social Services: HB 1570S rereferred to Finance,
1645, 1918S

From Rules

Leaves of absence granted: Senators Lucas and Puller

SB offered by Senator Watkins (request of Governor)

Bill presented, ordered printed and referred under Senate Rules
11(b), (26)g and HJR 523: see February 23 Senate Calendar

CALENDAR 

BILLS IN CONFERENCE

HB1928 - Conference report agreed to by Senate (37-Y 0-N)

UNFINISHED BUSINESS - HOUSE

HB1351 - Senate insisted on substitute and requested committee of
conference (38-Y 0-N)

HB1458 - Senate insisted on substitute and requested committee of
conference (38-Y 0-N)

HB1531 - Senate insisted on substitute and requested committee of
conference (38-Y 0-N)

HB2114 - Senate insisted on amendments and requested committee of
conference (38-Y 0-N)

UNFINISHED BUSINESS - SENATE

SB 712 - House substitute rejected by Senate (2-Y 36-N)

SB 814 - House amendments agreed to by Senate (38-Y 0-N)

SB1040 - House amendments agreed to by Senate (38-Y 0-N)

SB1137 - House amendment agreed to by Senate (33-Y 5-N),
Reconsideration of House amendment agreed to by Senate (37-Y 1-N), House
amendment agreed to by Senate (24-Y 14-N)

SB1177 - House amendment agreed to by Senate (38-Y 0-N)

SB1354 - House substitute rejected by Senate (3-Y 35-N)

SB1385 - House amendments agreed to by Senate (38-Y 0-N)

SB1424 - House substitute rejected by Senate (1-Y 37-N),
Reconsideration of House substitute agreed to by Senate (37-Y 0-N), House
substitute rejected by Senate (0-Y 37-N)

SB 675 - Senate acceded to request for committee of conference
(37-Y 1-N)

SB 676 - Senate acceded to request for committee of conference
(38-Y 0-N)

SB 892 - Senate acceded to request for committee of conference
(38-Y 0-N)

SB 916 - Senate acceded to request for committee of conference
(37-Y 1-N)

SB1042 - Senate acceded to request for committee of conference
(38-Y 0-N)

SB1188 - Senate acceded to request for committee of conference
(38-Y 0-N)

SB1290 - Senate acceded to request for committee of conference
(38-Y 0-N)

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 kindly rise and be led in prayer by the Reverend terry m. Gau, union presbyterian seminary, Richmond. Reverend gau, thank you.

Let us pray. God of love and light, thank you for this insanely cold day, but beautifully clear day. Thank you for the miracle of snow we enjoyed this week and for the men and women who cleared the pathway of ice so we could be here. Help us remember the many blessings and mere mercies you give so we as you embrace our friend as well as enemies without hesitation or judgment. Grant us courage to overcome the spector of fear that threatens our commonwealth because we are easily paralyzed by anxiety about our future. Grant us power to tear down the walls of up justice and prejudice because we need your strength to stand hand in hand with those we do not trust. Grant us confidence and integrity to our choices are honorable and in the beth interest of all citizens of the commonwealth and grant us love so bitterness and cynicism are banished and Peace is established in our land for you have charged us to feed the hungry, heal the sick, welcome the out cast and offer sanctuary for those who have no refuge particularly those who endure this frozen day with no shelter. We bear your love to the least of our neighbors. All this we pray in the name of the one who knows us and calls us by name. 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 Thursday, February 19, 2015.

The Senator from loudon, Senator Black, 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.

Ayes 32, nos 5, 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.

Ayes 36, nos 1.

Ayes 36, nos 1, the reading of the journal -- communication is waived. The clerk will report any communications from the governor.

We do not have any, sir.

Thank you, madam clerk. The time has come to recognize visitors and welcome them to the gallery and take up other matters of the morning hour. The junior Senator from henrico, Senator McEachin.

Mr. President, today we were grazed with a wonderful invocation by the Reverend terry gau of union presbyterian seminary located here in the city of Richmond. Today, mr. President, she is accompanied by her friend jolene palmoore who is the better half of our tech guru jonathan. I would ask you give them all the warm welcome of the Senate.

Thank you, Senator. Would Reverend gau and miss palmore please rise? Thank you also much for being here and, reference, we appreciate you coming out in the coal. As you said it is a very chilly day but we are happy to be here and thank you for getting us off to a good start and to jonathan's wife, thank you for allowing his services. He does a great job keeping us going with technology. So thank you and I hope your families are doing well. I would ask the members of the Senate to please join me in offering Reverend gau and mrs. Palmore the warm welcome of the Senate. [applause]

The Senator from bath, Senator Deeds.

Mr. President, I would request the journal reflect that my seat mate, the Senator from southeast Fairfax is away from her seat today on a matter of pressing personal business.

Thank you, Senator, the journal will so reflect the Senator from southeast Fairfax County is away from the Senate on pressing personal business. Senator Locke.

I request a leave of absence for the Senator of Portsmouth who is away from the capitol on pressing personal business.

The journal will so show. The Senator from augusta, Senator Hanger.

I'm pleased to he tell you we have a group of cadets accompanied by bridgedere general. This is the nation's only female corpes, also, mr. President, as you recognize them, just to preempty them a little bit I used to recognize the school a little south of stanton, I would pit the cadets there along with the cadeds if you want to take on some friendly competition.

That almost stownd like a challenge, Senator. Would members from the mary baldwin corps please rise. There are a couple of senators and a lieutenant governor who attended Virginia military institute just down the road a bit and we used to come up and visit mary baldwin in stanton, we appreciate what you are doing, thank you for wearing the uniform and choosing to serve our country and represent the commonwealth so well. We appreciate you being here and hope you have safe travels this weekend. I'd ask the members of the Senate to please join me in offering the corps the warm welcome of the Senate. [applause]

The Senator from Franklin, Senator Stanley.

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

good morning, sir, you have the floor.

Thank you, mr. President. In the gallery, we have a special friend of mine joan zigler, joan is an attorney who served both as a public defender and our district attorney. I was privileged to work with her, she taught me many things and I 'm proud to call her my friend. She comes with a group of students who study at the new college institute, our great institute in Martinsville, Virginia, they are taking studies through vcu and they have come today, mr. President, to learn more about Virginia 's system of government and how we work and how we do this and why we do this. If you would for me, mr. President, I would certainly appreciate if you would extend to them the warm welcome of the Senate.

I will, thank you, Senator. Would joan disnchesigler and -- joan zigler and student please rise? Welcome to the gallery and as the good Senator from Franklin said we are very proud of what is going on at the new college of Martin, I 've been able to visit that and wonderful work you all are doing and to mrs. Zigler. Welcome, I want to let you know my father was a commonwealth attorney back in the day so I appreciate what you do and it's a lot of hard work, so thanks for bringing the students lear and best of luck to you all in your academic endeavors. I would ask the members to join me in offering members of vcu college in new Martinsville and mrs. Zigler the warm welcome of the Senate. [applause]

Senator from buckingham, Senator Garrett.

Thank you, I rise for purpose of two introductions.

The Senator has the floor.

We are joined in the gallery, not too terribly unusual by my legislative aide but what is unusual is her daughter lauren. I would note for your consumption she is currently a 7th grader and she's quite interested in the page program. I would hope you would encourage her to that end in a moment. She's on the principal honor role, studying the Virginia legislature to figure out we do, I asked if she figures it out to let me know. She competes in choir, track, Dance, she keeps my legislative assistant in line and, mr. President, she really truly aspires to be a Senate page because she wishes to one up her dad because he was only able to be a House aide back in 1997. With that I would ask you extend lauren Reynolds the warm welcome of the Senate.

Thank you. Would kevin Reynolds and his daughter please rise? Good morning and welcome to the Senate. Lauren, welcome here, I know it's a day away from school for you so that's exciting and learn how things happen in the capitol here in Richmond and as the Senator said, I know you are in the 7th grade so I 'm always looking for good pages for next year and, so, we hope you will give it consideration and maybe even talk to some of the pages working today and it's a great experience and I would also agree with the Senator, it's great to be a page but it's much cooler to be a Senate page than a House page, so keep that in mind. Welcome. I would ask the members of the Senate to please join me in offering mr. Kevin Reynolds and his daughter the warm welcome of the Senate. [applause]

Senator from buckingham.

Also in the gallery are my friends flanna and henrich. I think henrich is a tie for the longsest way to get here. He hails from sweden but is in australia. He's here to investigate being a film director. He made a film entitled "I am 11" which traveled to five continents, he traveled to speak to 11-year-olds to think of their world view. It's an incredible piece of work and was recognized as such at the Newport News film festival, it was the best documentary of the year and australia imf. Aside from that, as if making movies of that quality doesn't take enough time, he is also an entrepreneur and founded, I 'm going to pronounce it poorly, cafe bruce which is a photographic film and supply store which is one of the largest in scandinavia. He built that, known did it for him. I would ask we give henrichard hanna the warm welcome of the Senate.

Would henrich and your guest rise? Thank you for being here, thank you for taking the journey across the ocean to be with us in the united states. I lived in europe so I know you are coming from one area to another and as they say, this too shall pass. Appreciate you being here and watching the good Senator from buckingham and the senators in the commonwealth of Virginia make policy today. Hope you have a wonderful visit. I would ask the members of the Senate to please join me in offering mr. Henrich the warm welcome of the Senate. [applause] Senator from fauquier, Senator Vogel.

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

The Senator has the floor.

It is my great honor to draw your attention in the gallery to the holts family visiting the capitol, hopefully they will have a tour and visit committees after session. Robert holt is the chief information officer for ge. His wife pamela is in the gallery. They have a son noah who came down and their daughter is an eighth grader and it important she is not playing hookie, it just happens the school is closed. I hope they have a wonderful day visiting mr. Jefferson's capitol and ask you to give them the warm welcome of the Senate.

Thank you, would the holt family rise. Welcome to the Senate gallery and just as the Senator from fauquier said, there's a tremendous amount of history in the building, if you have a chance to take the tour, it a wonderful tour, I 've taken it a couple times myself. Appreciate being out of school on the cold day, hopefully you will be able to get back to us soon. Thank you for joining us, hope you have a wonderful stay in the capitol. I'd ask members of the Senate to please offer the holt family the warm welcome of the Senate. [applause]

The senior Senator from loudoun, Senator Black.

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

The Senator has the floor.

We are always delighted to have the parents, the relatives of our pages here and today we are grazed by the presence of julie burke who is the mother of a very fine page, noah burke, very handsome, energetic, capable individual whom his mother can be very proud of and, so, I ask we extend the very warm recognition of the Senate to julie burke.

Thank you, Senator. I think you are making noah burke blush just a little bit but that is good. Is julie burke in the audience, if you would please rise. There you are. How are you doing this morning? Thank you for being here. As the Senator says we are so proud of our pages they have done a great job, I think we have had fun, they've worked hard, hard to believe just a week left and then noah will be coming back home with you. We enjoy having them here but always good to let them go back to their homes as well. Hope you have an enjoyable weekend. I would ask members of the Senate to join me offering mrs. Burke, noah and all the pages the warm welcome of the Senate. [applause] the Senator from powhatan, Senator Watkins.

Mr. President, I have a request. At the request of the governor I have been asked and wish to introduce a bill to amend the code of Virginia by adding sections 55-210.9: 3 and disposition of unclaimed savings bonds.

Thank you, Senator. The desk will receive the piece of legislation. Thank you.

The Senator from Lynchburg, Senator Newman.

Mr. President, I have a kind of unique introduction to make. Mr. President, earlier this session we passed Senate joint resolution 225, the purpose of that resolution was to commend major michael donahue on the ultimate sacrifice he gave to our country. We have in the gallery his wife and two children with us and I would ask with your permission that they stand. Mr. President, we have with us both shari donahue, also shamus who is 18, bailey who is 17 and victoria who could not be here, she is a student at appalachean state. Mr. President, back on September the 16th of 2004 michael donahue lost his life. He was a resident of Lynchburg, he was a rotc professor, he was a tall guy, anyone whoever met mike knew it, he was 6-5, he was serving in afghanistan at the time. He was a pair atrooper in the united states army and rose to the rank of major, he served three tours of duty including in south korea, iraq and afghanistan. Mr. President, his students loved him. He was enthusiastic and he demanded their respect and they gave it to them. Michael donahue inspired countless student on campus to achieve greatness through his positivity, and compassion. He earned many award including the bronze star, the purple heart, the defense meritorious medal. He lost his life in a base near kabul, afghanistan. He was able to come home, he was asked to spend 30 more days in country on a special investigation, he, of course, agreed to do that and on day 24 as was his want he could have been behind a desk, he was in the country to help them with their communications, he was making great progress on that but he wanted to be out with the guys as he often did and he was out in a vehicle on a place where three roads turned into one. There was a vehicle that came up and exploded and took major donahue's life, another and injured another. In this case I think our nation lost a brave soldier, shari lost a husband and shamus and victoria lost their father. In Lynchburg, those who knew him, we lost an educator and friend. Mr. President, I would hope that you would give the donahue family the warm welcome of the Senate.

Thank you very much, Senator. Mrs. Donahue and your family, thank you for visiting with us this morning. We are able to carry on our business and have discussions and debates and make policy because of brave men and women who have put the uniform on and fought on our behalf and for our freedom and we are certainly appreciative of your husband's service to this country and we are very sorry for your loss. We do appreciate you being with us this morning and we wish the best for you. I would ask the members of the Senate to please join me in offering the donahue family the warm welcome of the Senate. [applause]

Mr. President.

Senator.

I would move when the Senate adjourn today it do so in honor of major michael donahue.

Thank you, Senator. Is there any other business for the morning hour? Seeing none, the clerk will please call the calendar.

Senate calendar for Friday, February 20, 2015. Conference committee report on House bill 1928.

The Senator from rockingham, Senator Obenshain.

Mr. President, I move that we adopt the conference committee report and speaking to that, the conference committee simply removed the clause solely because the funding is included in both budget and conforms with the Senate version.

thank you, Senator. The question is shall the Senate agree to the committee report. 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 agrees to the committee report.

Page 4, unfinishes business, House.

Hb 1351. The House rejects Senate substitute.

Senator from chesterfield, Senator Martin.

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

Thank you, Senator. The question is shall the Senate insist on its substance and request a committee of 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.

Ayes 38, nos zero.

Ayes 38, nos zero, the Senate insists on it's substitute and requests a committee of conference.

Hb 1458. The House rejects Senate substitute.

Senator Martin.

How dare they. I move we insist on the Senate position and request a committee of conference.

Thank you, Senator, the question is shall the Senate insist on its substitute and request a committee of 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.

Ayes 38, nos zero.

Ayes 38, nos zero, the Senate insists on the substitute and requests a committee of conference.

Hb 1531. The House rejects Senate substitute.

Senator from Lynchburg, Senator Newman.

mr. President, I would move we insist on our substitute and request a committee of conference.

The question is shall the Senate insist on it's substitute and request a committee of 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.

Ayes 38, nos zero.

Ayes 38, nos zero, the Senate insists on it's substitute and requests a committee of conference.

Hb 2114. The House rejects Senate amendments.

Senator from chesterfield, Senator Martin.

Mr. President, I 'm going to need to ask that we insist on our amendments and request a committee of conference.

Thank you, Senator. The question is shall the Senate insist on its amendments and request a committee of 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.

Ayes 38, nos zero.

ayes 38, nos zero, the Senate insists on its amendment and requests a committee of conference.

Unfinished business - Senate

S.B. 712. Passed House with substitute.

Senior Senator from loudoun, Senator Black.

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

Thank you, Senator. The question is -- 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.

S.B. 814. Passed House with amendments.

Senator from powhatan, Senator Watkins.

Mr. President, I move that we concur with the House amendments, speaking to the amendments.

The Senator has the floor.

Mr. President, ladies and gentlemen of the Senate, this is the I .D. Management legislation, the amendments that the House made are primarily technical, they are code references that were misinterpreted and had to be straightened out and the other was removal of two small required rules in policy statements and I then urge that we pass the bill.

Thank you, Senator. The question is slal the Senate concur with the House amendments. 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.

S.B. 1040. Passed House with amendments.

Senator from augusta, Senator Hanger.

Thank you, mr. President, I move we concur with the House amendments and I 'll speak to that.

The Senator has the floor.

Thank you, mr. President. This creates a process where the local licensing when issuing a license for a business going out of business but bridges into the next year can issue it based on just the estimate that would be obtained in the following year, it's viewed as business friendly. The House amendment clarifies the language and preserves the basic intent of the built so I move we concur.

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

S.B. 1137. Passed House with amendment.

Senator from buckingham, Senator gary et cetera.

mr. President, the amendments are minor and technical, I move the amendments be con curt 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 33, nos 5.

Ayes 33, nos 5, the Senate concurs with the House amendments.

S.B. 1177. Passed House with amendment.

Senator from James city county, Senator Norment.

Thank you, mr. President, I ask we concur with the House amendments, the momentus change is they struck the two words "or designee".

Thank you, 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.

S.B. 1354. Passed House with substitute.

The Senator from spotsylvania, Senator Reeves.

I would request we reject the House substitute and request a committee of conference.

Thank you, will you speak to it briefly?

Yes, mr. President. The bill in it's form when it went over talked about child identifier and critical aspect of that was to make sure as our loved ones are deployed that there would be counseling available to take care of the children if they were having trouble in school, the House decided to strip that aspect out of the bill, I think it's important to the bill.

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 3, nos 35.

Ayes 3, nos 35. The substitute is rejected.

S.B. 1385. Passed House with amendments.

Senator from fauquier, Senator Vogel.

Thank you, mr. President. I move that we accept the House committee's amendment. It merely expands the membership of a governing body, I would ask the body accept it.

The question is shall the Senate concur with the House amendments. 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.

S.B. 1424. Passed House with substitute.

Senator from James city county, Senator Norment.

With the remembering day sthun that we reject the House substitute I would move that we concur.

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 1, nos 37.

Ayes 1, nos 37, the substitute is rejected.

S.B. 675. House insisted on its substitute and requests a committee of conference.

The Senator from southern fair fashion county, Senator Barker.

Yes, this is one of two bills dealing with the veteran centers we have discussed. I move we accede to a committee of conference.

The question is shall the Senate accede to a caulk. 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 1.

Ayes 37, nos 1, the Senate accedes to the request for a committee of conference.

Mr. President.

Senator from Cosgrove.

Having voted on the prevailing sight on page 10, I ask we reconsider that vote.

Thank you, Senator. The question is shall the vote by which the Senate rejected the substitute 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 37, nos zero.

Ayes 37, nos zero, the motion is agreed to. The Senator from James city county, Senator Norment.

Thank you, mr. President. I would move that we concur with the House amendment but with a recommendation that we respectfully reject the same.

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 zero, nos 37.

Ayes zero, nos 37, the substitute is rejected.

S.B. 676. The House insists on its substitute and requested a committee of conference.

Senator Barker.

Mr. President, this is the other veterans care center bill and I move we accede to the request for a committee of conference.

Thank you, Senator. The question is shall the Senate accede to the request for a committee of 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.

Ayes 38, nos zero.

Ayes 38, nos zero, the Senate accedes to the request for a committee of conference.

S.B. 892. The House insists on its substitute and requested a committee of conference.

Senator Petersen.

Thank you, mr. President. This is once of the overdose bills and I would move we accede to a committee of conference.

The question is shall the Senate accede to the request for a committee of 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.

Ayes 38, nos zero.

Ayes 38, nos zero, the Senate accedes to the request for a committee of conference.

S.B. 916. The House insists on its substitute and requested a committee of conference.

Senator Wexton.

Thank you, mr. President. This is one of the bills having to do with diploma seals for biliteracy and I would move the Senate accede to the request for a committee of conference.

the question is shall the Senate accede to the request for a committee of 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.

Ayes 37, nos 1.

Ayes 37, nos 1, the Senate accedes to the request for a committee of conference.

S.B. 1042. The House insists on its substitute and requested a committee of conference.

The senior Senator from henrico, Senator Stosch.

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

Thank you, Senator. The question is shall the Senate accede to a request for a committee of 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.

Ayes 38, nos zero.

Ayes 38, nos zero, the Senate accedes to the request for a committee of conference.

S.B. 1188. The House insists on its substitute and requested a committee of conference.

Senator from rockingham, Senator Obenshain.

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

Thank you, Senator. The question is shall the Senate accede to the request for a committee of 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.

Ayes 38, nos zero.

Ayes 38, nos zero, the Senate accedes to a request for committee of conference.

S.B. 1290. The House insists on its substitute and requested a committee of conference.

Senator Stuart.

I move we accede to a request for a committee of conference.

Thank you, Senator. The question is shall the Senate accede to the request for a committee of 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.

Ayes 38, nos zero.

Ayes 38, nos zero, the Senate accedes to the request for a committee of conference.

Page 18, uncontested House bills on third reading.

Mr. President.

Senator Locke.

May we return to page 8.

Yes, Senator.

Having voted on the prevailing side which we passed 1127 I 'd ask we reconsider that vote.

Thank you, Senator. The question is shall the vote by which 1137, at menment be agreed to 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 37, nos 1.

Ayes 37, nos 1, the motion is agreed to. The Senator from buckingham, Senator Garrett.

Wow, mr. President. Okay. So, essentially what the House amendment did is replace the term not defined in the code with a term that is defined in the code. With that I would ask the House amendment be agreed to.

The junior Senator from henrico, Senator McEachin.

Would the Senator yield for a question.

Would the Senator from buckingham yield for a question?

I would.

He yields.

Mr. President, I seem to recall the Senator during the first presentation of this bill said that the amendments were technical and minor in nature and they appear to be. Would the Senator agree with me if you didn't like the built before you still don't like it?

Senator from buckingham.

I pri port very hard not to know the hearts and mind of the people in the chamber, I believe they can be one way one day and different the next. I would say if the junior Senator from henrico didn't like the bill, he probably didn't like it.

I appreciate the concession.

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 24, nos 14.

Ayes 24, nos 14, the Senate concurs with the House amendment.

On page 18, uncontested calendar House bills on third reegd.

The Senator from James city county, Senator Norment

Thank you, mr. President. I would now move all the House bills on the third reading on the uncontested calendar, which would include all bills on pages 18 through 27, 21 p 7 through 2197 be placed on their final passage in the block. 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 18 through 37, 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. 2177, reported from committee on education and health. H.B. 1756, reported from committee on finance.

Mr. President.

Senior Senator from loudoun.

Could House bill 1756 come out of the block.

Without objection, it will come out of the block. Senator from spotsylvania.

House bill 2177 come out of the block and bye for the day.

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

House bill 2071, the committee substitute has been adopted by the Senate. H.B. 2081, reported from committee on commerce and labor. With amendment and there is a floor amendment.

Senator Petersen.

Thank you, mr. President. I move to waive the reading of the floor amendment.

thank you, 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.

Ladies and gentlemen of the Senate, we had a robust discussion yesterday about social media accounts, those of us who own businesses where privacy is an expectation of our clients, privacy cuts both way, you expect privacy when you meet with ate lawyer, psychiatric counselor, what I would like to do is preserve the right to those business owners who have private information that are reasonable in nature and secondly as someone who has employed my teenagers in my business for the past couple years, I want to make sure they don't get a cause of action against their old man. That's the amendment and hopefully you all will adopt it.

Senator Ebbin.

Will the Senator from Fairfax City yield for a question?

Will the Senator yield for a question?

Yes.

He yield.

I'm trying to wrap my Head around the first the reasonable attempts and I want to ask the gentleman if he could give an example what these reasonable steps might be he intends.

Senator from Fairfax City.

Sure, I think in the bill it talks about privacy settings and friending and unfriending people. Let's say for example I might tell my starve, look, I don't want our confidential client information discussed on social media, that means if you add a witness or friend to your social media account or if you have a privacy setting that allows people to see information where you work or what kind of cases you are working on and that could apply to a lot of businesses but especially in my business I don't want that information shared and it is important to have those protocols.

I thank the gentleman.

The Senator from James city county, Senator Norment.

Thank you, mr. President. I believe this was a bill that we had previously passed bye and there was some concerns that were expressed in it. Like 99.9% of the bills we deal with, it's outside of my area of knowledge or expertise, consequently I acquired of the attorneys in legislative services regarding concerns that were expressed yesterday about attorney-client privilege and breaching that and the attorney did not see that as an issue.

Thank you, Senator. 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. House bill 2173, the committee amendment has been accepted by the Senate.

H.B. 2204, reported from committee on finance.

H.B. 1284, reported from committee on local government.

H.B. 1333, reported by the privileges and elections.

Can House bill 2173 come out of the block and go bye for the day.

Without objection, it will come out of the block and bye for the day.

H.B. 1386, reported from committee on commerce and labor and the committee on finance with a substitute and there is a floor amendment.

I would first request we reject the amendment from the committee on commerce and lane or.

Thank you, with the recommendation that it be rejected, the question is shall the amendment be agreed to. All in favor of the motion will say aye. Those opposed no. The nos have it, the committee amendment is rejected. The Senator from powhatan.

I would request we accept the committee substitute from the committee on finance.

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

And then, mr. President, I would request we waive the reading of the floor amendment to House bill 1386.

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 powhatan.

Mr. President, I would then ask that we agree to the floor amendment and an explanation of the floor amendment.

The Senator has the floor.

The concern that was expressed in even the employers that were affected by this legislation agreed and came up with this language to be added to the bill and also I went to the House patron and he is in agreement that this language is appropriate. What wet wanted to make sure is that if an individual or if a company sends individuals from one state into another that the tax liabilities associated with payment of state and federal taxes are the same in both states, in this case if someone from north carolina comes to Virginia during a disaster, the north carolina company continues to deduct and withhold state and federal taxes on that individual's salary and this just makes sure there is no gap left. I would reiterate we accept the amendment.

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.

H. B. 1424, reported from committee on local government.

H.B. 1427, reported from the committee of courts of justice and from the committee on finance with amendments.

I move the committee amendments be agreed to.

Thank you, the question is shall the committee amendments be agreed to. All in favor signify by saying aye. Those opposed no. The ayes have it, the committee amendments are agreed to.

H.B. 1446, reported from committee on local government.

Mr. President?

The senior Senator from loudoun, Senator Black.

Could House bill 1446 come out of the plok.

Without objection, House bill 1446 will come out of the block.

H.B. 1460, privileges and elections.

Senator Wexton.

Could House bill 1427 come out of the block and bye for the day.

Without objection it will come out of the block and bye for the day.

H.B. 1460, privileges and elections.

H.B. 1471, reported from committee on local government with amendments.

Mr. President?

Senator from buckingham.

Can 1471 come out of the block and go bye for the day.

Prior to agreeing to the amendments, Senator ?

Yes.

That's fine. Without objection House bill 1471 will come out of the block and bye for the day.

H.B. 1493, reported from committee for courts of justice and finance with amendments.

The senior Senator from henrico, Senator Stosch.

Mr. President, I move we agree to the committee amendment.

Thank you, Senator. 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. 1532, reported from committee on local government. H.B. 1538, reported from the committee privileges and elections.

Could House bill 1538 come out of the block?

Without objection.

H.B. 1553, reported from committee on local government.

H.B. 1593, reported from committee on local government.

H.B. 1625, reported from committee on local government.

H.B. 1653, reported from committee of privileges and h.B. 1656, reported from committee on local government. H.B. 1663, reported from committee on local government. H.B. 1682, reported from committee on local government. H.B. 1702, reported from committee on courts of justice. And from the committee on finance with amendment.

The senior Senator from henrico, Senator Stosch.

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

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. 1758, reported from committee on local government with amendments.

The Senator from Roanoke County, Senator Smith.

I move the 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 aagreed to.

H.B. 1761 reported from committee on local government. H.B. 1834 reported from committee on local government. H.B. 1849 reported from committee on local government with substitute. And there is a floor amendment.

Senator Smith.

Mr. President, I move the amendment and --

The substitute we would need to agree with first.

Okay. I move the substitute.

Thank you, the question is shall the committee substitute be agreed to. All in favor signify by saying aye. Those opposed no. The ayes have it, the committee substitute is agreed to. The Senator from Roanoke County.

And I move that the floor amendment be agreed to.

Senator we need to waive the reading first.

I ask that 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 Roanoke County.

I ask that the floor amendment be agreed to, it's technical in nature.

Yes, sir, thank you. 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.

H.B. 1857, reported from committee on local government with amendments.

The Senator from Roanoke County, Senator Smith.

Mr. President, I move the amendment be agreed to.

Thank you, Senator, 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. 1893, reported from committee on local government.

H.B. 1895, reported from committee on education and health. And from committee on finance with substitute.

The senior Senator from henrico, Senator Stosch.

Mr. President, I move the committee substitute be agreed to.

Thank you, Senator. The question is shall the committee substitute be agreed to. All in favor signify by saying aye. Those opposed no. The ayes have it, the committee substitute is agreed to.

H.B. 1896, reported from committee on education and health. And from committee on finance with substitute.

The senior Senator from henrico, Senator Stosch.

Mr. President, I move the committee substitute be agreed to.

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 committee substitute is agreed to.

H.B. 1897, reported from committee on finance with amendments.

The senior Senator from henrico.

Mr. President, I 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. 1898, reported from committee on finance.

Mr. President, I apologize.

The junior Senator from henrico, Senator McEachin.

If I could take you back to House bill 1895, could that come out of the block and bye for the day.

Without objection, House bill 1895 will come out of the block and bye for the day.

H.B. 1898, reported from committee on finance.

H.B. 2025, reported from committee on local government. H.B. 2040, reported from committee court of justice and committee on finance with amannedment.

The senior Senator from henrico, Senator Stosch.

I move 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. 2056, privileges and elections. H.B. 2062, reported from the committee on privileges and elections with amendment.

Senator from fauquier, Senator Vogel.

Thank you, I move the 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 amendment is agreed to.

H.B. 2128, reported from committee on local government. H.B. 2152 reported from committee on privileges and elections.

Mr. President.

Yes.

Could House bill 2152 come out of the block.

Without objection House bill 2152 will come out of the block.

H.B. 2292, reported from committee on local government. H.B. 2308, reported from committee on local government. H.B. 2319, reported from committee on local government. And there is a floor amendment.

Mr. President?

Yes, the Senator from arlington, Senator Favola.

Could 2319 come out of the block and bye for the day.

Without objection, House bill 2319 will come out of the block and bye for the day.

H.B. 2379, reported from committee on privileges and elections. And there is a floor amendment.

Senator from fauquier, Senator Vogel.

Thank you, mr. President. Could that one come out of the block or is it appropriate to do the floor amendment?

We can do the floor amendment now.

I would like to 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.

Thank you, mr. President. What the floor amendment does is replaces the words "interstate cross check", in fact this is an interstate cross check bill. It replaces it with "list from other states." the concern was this would draw it too narrowly, if we move onto other processes this would be too restrictive. We did this at the request of the committee on privileges and elections.

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.

H.B. 2384, reported from committee on finance with substitute.

The senior Senator from henrico, Senator Stosch.

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

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

H.B. 2385, reported from committee for courts of justice and committee on finance with an amendment.

The senior Senator from henrico, Senator Stosch.

I move the committee amendment be agreed to.

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

H.B. 2397, reported from committee on privileges and elections.

Thank you, madam clerk. All bills 2177, 1756, 2173, 1446, 1447, 1471, 1538, 1895, 2152 and 2319, shall all bills other than those pass in block. 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. Returning to page 18. House bill 1756. The senior Senator from henrico, Senator Stosch.

mr. President, I move that House bill 1756 pass and speaking to the motion.

The Senator has the floor.

Mr. President, ladies and gentlemen, this bill deals with something called tourism projects and qualified tourism or authorized tourism projects and under those projects, localities May enact an ordinance dedicating a portion of their sales tax to those projects. Under current law provided that at least 80% of the funding is provided either in the form of debtor other financing by the developer, by the oarn. This bill would lower that threshold to 70%, then 80% of the fund -- then 70% of the funding would have to be in place before anyone could allocate sales tax dollars.

Thank you. The question is shall House bill 1756 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 37, nos zero.

Ayes 37, nos zero, the bill passes. Page 23. House bill 1446, the Senator from Roanoke County, Senator Smith.

Mr. President, I move the bill pass.

The Senator has the floor.

Could that go bye temporarily?

Without objection, House bill 1446 will go bye temporarily. On page 25. House bill 1538. The Senator from fauquier, Senator Vogel.

Thank you, mr. President, let me see, hold on a second. What is the bill number? 1538. Sorry mr. President. What the bill does is it allows a person to be qualified to vote if they show up with a voter I .D. And their name in the poll book is substantially similar to what was in the poll book. The bill in the House used a less restrictive, it was something like not substantially similar, anyway, it's more restrictive and I think everybody in the committee aagreed it was a good bill so I move the bill pass.

Thank you, Senator. The question is shall House bill 1538 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. Page 35, House bill 2152, Senator from fauquier, Senator Vogel. House bill 2152.

Thank you, mr. President. House bill 2152 has -- bear with me, can this go bye for the moment? No, that's okay, I 'm ready, I apologize, mr. President, I 'm trying to shovel too many papers. It says I have no one is elected to an office by write in votes and the total number is less than 95% of total number of votes cast for whichever candidate receives the votes then the electoral board is not required basically to count the total number of write in votes. In this situation the electoral board just has to asker tape the number. It helps the electoral board.

The Senator Ebbin.

Would the gentle woman yield for a question?

Would you yield for a question?

I yield.

To understand if the winner has received 10,000 votes and it has write in 9400 vote the public or media would not have easy access to know who got the vote, is that correct?

That's true, the electoral board would only be required to see the number.

I rise to speak in opposition to the bill. If any of us had gotten 10,000 votes in an election and there are 9400 write in votes against us, I would imagine that there would be a story behind that, either that someone engaged in an organized campaign or several people did, it's a close election relatively, particularly for a write in candidate and I would say the public, the people who might have mound a write in effort would have the right to say it. If the bill said less than 10% or even 5% not wanting to count wanting to count vote for mickey mouse, but when you have 95% of the vote, it part of the democratic process we would know who those votes went to. Further, it might be cheaper not to count those votes, it might require less staff time and it is labor intensive to count the votes but it not how manpower or much of a nuisance it would be but that we really deserve every one involve in the political process deserves for the votes to be counted and made publicly available. For that reason I ask we vote against this bill.

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

Mr. President, speaking briefly.

The Senator has the floor.

Mr. President, I voted for this bill but I think the Senator from Alexandria makes a compelling argument and I think now might be a good time to switch and obviously the delegates might need to put more work on the bill. I ask we reject the bill.

The question is shall House bill 2152 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 2, nos 36.

Ayes 2, nos 36. The bill does not pass. If we could return to page 23, House bill 1446, Senator Smith.

Mr. President, I move that we pass House bill 1446, speaking to the bill.

The Senator has the floor.

It expands the requirements of local ordinance authorizing contract to provide loans for clean energy improvements and it also adds for water efficiency improvements. There is no fiscal impact on it. With that I ask the bill pass.

Thank you, Senator. The question is shall House bill 1446 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 37, nos 1.

Ayes 37, nos 1, the bill passes.

Regular calendar, House bills on third reading. H.B. 1854. A bill relating to the Virginia public procurement act; small, women-owned, and minority-owned businesses. Reported from committee on general laws and technology.

Mr. President?

Senator from southern Fairfax County.

I move that bill go bye for the day.

Without objection, House bill 1854 will go bye for the day.

H.B. 2179. A bill relating to the release of tax information to commonwealth attorneys and the attorney general. Reported from committee on finance.

The senior Senator from henrico, Senator Stosch.

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

The Senator has the floor.

Mr. President, this was a bill that was offered by the Delegate op behalf of the attorney general who indicated in the instance of the release of certain tax information that it is necessary currently for the grand jury to issue a subpoena and then subject that request to a judge who in turn will inseal it and decide whether or not there is a reason to release that information. It was indicated in the committee that the current process results in some delays that impedes the work of the attorney general in some instances, particularly in tax fraud and that is the essence of the bill.

The Senator from stafford, Senator Stuart.

If it is appropriate I would like to make a substitute motion and move this bill be or referred to the committee on courts of justice and I would like to speak to that.

The Senator has the floor.

Mr. President, I would tell the body this is a pretty significant and substantial change in policy. Heretofore when you had a sup mean acor -- subpoena or something issued before a grand jury they had to go before a judge and have a probable cause determination before the subpoena was issued. In this case the long standing practice has been to have a judge determine whether or not that subpoena for your confidential tax returns could be released to a grand jury. And let me explain this to you a little bit. The grand jury system in Virginia was set up many years ago to be a safe guard against sort of run away prosecutory, grand jury is have become a rubber stampp for that activity, it's uniform gnat but that's the way it is. Having rack advertised law for 20 some odd years, and serving as a commonwealth attorney I 'm not sure I have ever seen a bill returned from a grand jury as untrue or the bill got denied. It's very, very important that we keep the protections that we have under the fourth amendment and the judge making that probable cause determination in cases like this. There could be a lot of mischief created if a prosecutor wanted to impanel a special grand jury and particularly in political matters. Mr. President, with that, I think this needs to be looked at by the courts of justice committee before we act on this bill.

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

Thank you, mr. President. I want to speak in support of motion.

The Senator has the floor.

Ladies and gentlemen of the Senate, I think the gentleman from stafford is right taking a second look on that. I don't do a lot of criminal practice but in my civil practice you have to go through a system and show a judge and show the return is necessary and relevant to the litigation. You can't do it as a harassment technique. I don't know why we are changing this law, it seems it has been working pretty well and I think probably someone ought to take a second look at this.

The question is shall House bill 2179 be rereferred to the courts of justice committee. All in favor of the motion will say aye. Those opposed no. The ayes have it, the bill is rereferred to the courts of justice.

H.B. 1296. A bill relating to members of the united states congress; filling vacancies. Reported from committee on privileges and elections with substitute.

Senator from fauquier, Senator Vogel.

Thank you, mr. President. I move the committee substitute.

Thank you, 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. The Senator from fauquier.

What the bill does is now identical to a bill introduced by Senator Obenshain. It addresses multiple ballots for multiple candidates. 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 20, nos 18.

Ayes 20, nos 18, the bill passes.

H.B. 1315. A bill relating to jury commissioner --

The Senator from chesterfield, Senator Martin. The Senator from James city county, Senator Norment.

Thank you, having voted on the prevailing side, I ask the bill be reconsidered.

The question is shall the vote by which House bill 1296 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. Senator from fauquier, Senator Vogel.

Thank you, mr. President. Perhaps I should explain the bill a little further, maybe that was the issue. Having previously explained the bill, it was introduced by Senator Obenshain addresses very spef beingly something that happened in the 7th congressional district on election day when there were multiple ballots with the same candidate's name on there, very confusing and each bill makes an effort to address it somewhat differently, they are hoping for it to go to conference, therefore I ask it pass.

The junior Senator from henrico, Senator McEachin.

The it's interesting these bills are offered by people -- I don't know, the 7th congressional meanders, I live close to that, know very many people, I heard not one complaint it was confusing. I ask the bill be defeated.

The Senator from rockingham, Senator Obenshain.

Speaking briefly to the bill, in responding to the Senator from henrico's point, there were problems. As a matter of fact there was confusion among voters and confusion among candidates. There was one candidate who did not understand that he had to file petitions to get on the ballot twice so he could qualify for the eight weeks remaining in the unexpired term and to qualify to run for election in the general election. This bill is a simple fix, I am somewhat puzzled by the partisan divide that has developed over this, but this bill is intended to promote participation, to make sure that there is no confusion among voters or among candidates and with that, mr. President, I would hope that it would be the pleasure of the body to vote for this good bill.

Thank you, Senator. The question is shall House bill 1296 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 21, nos 17.

Ayes 21, nos 17, the bill passes.

H.B. 1315. A bill relating to jury commissioners; list of unqualified persons transmitted to general registrars. Reported from committee on privileges and elections with a