02/23/2015 Senate Proceedings

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Minutes

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

Prayer offered by The Reverend Dr. Donald D. Binder, Pohick
Episcopal Church, Lorton, Virginia

ROLL CALL OF MEMBERS: quorum present

Motion of Senator Lucas dispensed with reading of Journal (38-Y
2-N)

COMMUNICATION FROM HOUSE (HN10220): reading waived (39?Y 0?N)

The House of Delegates has passed with amendments the following
Senate bills: SB 927, 928, 997, 1030, 1331, 1383

The House of Delegates has passed with substitutes the following
Senate bills: SB 727, 781, 982, 1201, 1206, 1365, 1435

The House of Delegates has passed with a substitute with amendments
the following Senate bill: SB 1440

The House of Delegates has insisted on its amendments and has
requested a committee of conference on the following Senate bill: SB 1190

The House of Delegates has insisted on its substitutes and has
requested committees of conference on the following Senate bills: SB 965, 1066,
1168, 1194

The House of Delegates has insisted on its substitute with
amendments and has requested a committee of conference on the following Senate
bill: SB 1195

The House of Delegates has rejected the amendment proposed by the
Senate to the following House bill: HB 1353

The House of Delegates has rejected the substitutes proposed by the
Senate to the following House bills: HB 1807, 1964, 1984, 2329

The House of Delegates has acceded to the request of the Senate for
committees of conference on the following House bills: HB 1275, 1276, 1891

The House of Delegates has agreed to the report of the committee of
conference on the following House bill: HB 1928

The House of Delegates has insisted on its amendment and has
requested a committee of conference on the following Senate joint resolution:
SJ 272

The House of Delegates has insisted on its substitutes and has
requested committees of conference on the following Senate joint resolutions:
SJ 268, 271

The House of Delegates has agreed to the following House joint
resolutions: HJ 760, 773, 776, 777, 779, 803, 805, 806, 807, 809, 810, 811,
812, 813, 814, 816, 817, 818, 819, 820, 821, 822, 823, 824, 825, 826, 827, 828,
830, 831, 832, 833, 834, 835, 836, 837, 838, 839, 840, 841, 842, 843, 844, 845,
846, 847, 848, 849, 851, 852, 853, 854, 855, 856, 857, 858, 859, 860, 861, 862,
863, 864, 865, 866, 867, 868, 869

The House of Delegates has passed the following Senate bills: SB
717, 821, 843, 1007, 1095, 1203, 1286, 1341, 1461

The House of Delegates has agreed to the amendments proposed by the
Senate to the following House bills: HB 1445, 1476, 1506, 2043

The House of Delegates has agreed to the following Senate joint
resolutions: SJ 329, 331, 333, 334, 335, 336, 337, 339, 340, 341, 342, 343,
344, 345, 347, 348, 349, 350

Senate bills with House amendments, substitutes and a substitute
with amendments placed on Calendar

House joint resolutions laid on Clerks Desk: see February 24
Senate Calendar

BILLS REPORTED

From Courts of Justice: HB 1474, 1780, 1783,

From Finance

SB 1466 - offered by Senator Norment (unanimous consent to
introduce by voice vote)

Bill presented, ordered printed and referred under Senate Rules
11(b), (26)g and HJR 523: see February 24 Senate Calendar

CALENDAR

BILLS IN CONFERENCE

HB1843 - Conference report agreed to by Senate (38-Y 1-N)

HB2306 - Conference report agreed to by Senate (40-Y 0-N)

SB1037 - Conference report agreed to by Senate (39-Y 1-N)

SB1231 - Conference report agreed to by Senate (37-Y 3-N)

SB 1309 - Conference report agreed to by Senate (40-Y 0-N)

SB1401 - Conference report agreed to by Senate (39-Y 1-N)

SB1404 - Conference report agreed to by Senate (39-Y 0-N)

UNFINISHED BUSINESS - HOUSE

HB1959 - Senate insisted on substitute and requested committee of
conference (40-Y 0-N)

UNFINISHED BUSINESS - SENATE

SB 876 - House amendment agreed to by Senate (40-Y 0-N)

SB 885 - House substitute rejected by Senate (0-Y 40-N)

SB 896 - House amendments agreed to by Senate (40-Y 0-N)

SB 951 - House substitute agreed to by Senate (40-Y 0-N)

SB1046 - House substitute agreed to by Senate (40-Y 0-N)

SB1109 - House amendment agreed to by Senate (40-Y 0-N)

SB1129 - House amendments agreed to by Senate (40-Y 0-N)

SB1133 - House amendment agreed to by Senate (40-Y 0-N)

SB1186 - House substitute rejected by Senate (1-Y 39-N)

SB1287 - House substitute agreed to by Senate (21-Y 16-N 1-A)

SB1372 - House amendments agreed to by Senate (39-Y 0-N)

SB1395 - House substitute agreed to by Senate (40-Y 0-N)

SB1405 - House amendment agreed to by Senate (40-Y 0-N)

SB 803 - Senate acceded to request for committee of conference
(34-Y 6-N)

SB 938 - Senate acceded to request for committee of conference
(38-Y 1-N)

UNCONTESTED CALENDAR

HOUSE BILLS ON THIRD READING

HB2177 - Read third time, Reeves floor amendment withdrawn, Passed
Senate block vote (40-Y 0-N)

HB2173 - Read third time, Engrossed, Passed Senate block vote (40-Y
0-N)

HB1471 -Read third time, Committee amendments agreed to (voice
vote), Engrossed, Passed Senate block vote (40-Y 0-N)

HB1895 - Read third time, engrossed, Passed Senate block vote (40-Y
0-N)

HB1402 - Read third time, Committee substitute agreed to (voice
vote), Engrossed, Passed Senate block vote (40-Y 0-N)

HB1419 - Read third time, Passed Senate block vote (40-Y 0-N)

HB1469 - Read third time, Committee substitute agreed to (voice
vote), Engrossed, Passed Senate block vote (40-Y 0-N)

HB1515 - Read third time, Passed Senate block vote (40-Y 0-N)

HB1522 - Read third time, Passed Senate block vote (40-Y 0-N)

HB1584 - Read third time, Committee substitute agreed to (voice
vote), Engrossed, Passed Senate block vote (40-Y 0-N)

HB1606 - Read third time, Passed Senate block vote (40-Y 0-N)

HB1612 - Read third time, Passed Senate block vote (40-Y 0-N)

HB1613 - Read third time, Passed Senate block vote (40-Y 0-N)

HB1615 - Read third time, Passed Senate block vote (40-Y 0-N)

HB1616 - Read third time, Committee amendment agreed to (voice
vote), Garrett floor amendment agreed to (voice vote), Engrossed, Passed Senate
block vote (40-Y 0-N)

HB1674 - Read third time, Committee amendment agreed to (voice
vote), Engrossed, Passed Senate block vote (40-Y 0-N)

HB1675 - Read third time, Committee substitute agreed to (voice
vote), Engrossed, Passed Senate block vote (40-Y 0-N)

HB1676 - Read third time, Passed Senate block vote (40-Y 0-N)

HB1698 - Read third time, Committee amendment agreed to (voice
vote), Engrossed, Passed Senate block vote (40-Y 0-N)

HB1700 - Read third time, Passed Senate block vote (40-Y 0-N)

HB1714 - Read third time, Passed Senate block vote (40-Y 0-N)

HB1717 - Read third time, Committee amendment agreed to (voice
vote), Passed Senate block vote (40-Y 0-N)

HB1723 - Read third time, Passed Senate block vote (40-Y 0-N)

HB1733 - Read third time, Committee substitute agreed to (voice
vote), Engrossed, Passed Senate block vote (40-Y 0-N)

HB1735 - Read third time, Passed Senate block vote (40-Y 0-N)

HB1736 - Read third time, Passed Senate block vote (40-Y 0-N)

HB1737 - Read third time, Passed Senate block vote (40-Y 0-N)

HB1738 - Read third time, Passed Senate block vote (40-Y 0-N)

HB1764 - Read third time, Committee amendments agreed to (voice
vote), Engrossed, Passed Senate block vote (40-Y 0-N)

HB1785 - Read third time, Committee substitute agreed to (voice
vote), Engrossed, Passed Senate block vote (40-Y 0-N)

HB1818 - Read third time, Passed Senate block vote (40-Y 0-N)

HB1833 - Read third time, Committee substitute agreed to (voice
vote), Engrossed, Passed Senate block vote (40-Y 0-N)

HB1839 - Read third time, Passed Senate block vote (40-Y 0-N)

HB1841 - Read third time, Passed Senate block vote (40-Y 0-N)

HB1873 - Read third time, Passed Senate block vote (40-Y 0-N)

HB1886 - Read third time, Committee substitute agreed to (voice
vote), Engrossed, Passed Senate block vote (40-Y 0-N)

HB1914 - Read third time, Passed Senate block vote (40-Y 0-N)

HB1930 - Read third time, Committee substitute agreed to (voice
vote), Engrossed, Passed Senate block vote (40-Y 0-N)

HB2020 - Read third time, Passed Senate block vote (40-Y 0-N)

HB2038 - Read third time, Passed Senate block vote (40-Y 0-N)

HB2042 - Read third time, Committee amendment agreed to (voice
vote), Engrossed, Passed Senate block vote (40-Y 0-N)

HB2082 - Read third time, Passed Senate block vote (40-Y 0-N)

HB2092 - Read third time, Passed Senate block vote (40-Y 0-N)

HB2112 - Read third time, Passed Senate block vote (40-Y 0-N)

HB2137 - Read third time, Passed Senate block vote (40-Y 0-N)

HB2169 - Read third time, Passed Senate block vote (40-Y 0-N)

HB2183 - Read third time, Passed Senate block vote (40-Y 0-N)

HB2189 - Read third time, Passed Senate block vote (40-Y 0-N)

HB2206 - Read third time, Committee substitute agreed to (voice
vote), Engrossed, Passed Senate block vote (40-Y 0-N)

HB2216 - Read third time, Passed Senate block vote (40-Y 0-N)

HB2228 - Read third time, Committee amendments agreed to (voice
vote), Engrossed, Passed Senate block vote (40-Y 0-N)

HB2236 - Read third time, Passed Senate block vote (40-Y 0-N)

HB2243 - Read third time, Passed Senate block vote (40-Y 0-N)

HB2245 - Read third time, Passed Senate block vote (40-Y 0-N)

HB2255 - Read third time, Passed Senate block vote (40-Y 0-N)

HB2266 - Read third time, Passed Senate block vote (40-Y 0-N)

HB2269 - Read third time, Passed Senate block vote (40-Y 0-N)

HB2276 - Read third time, Passed Senate block vote (40-Y 0-N)

HB2289 - Read third time, Passed Senate block vote (40-Y 0-N)

HB2312 - Read third time, Passed Senate block vote (40-Y 0-N)

HB2332 - Read third time, Passed Senate block vote (40-Y 0-N)

HB2342 - Read third time, Committee substitute agreed to (voice
vote), Engrossed, Passed Senate block vote (40-Y 0-N)

HB2350 - Read third time, Passed Senate block vote (40-Y 0-N)

HB2354 - Read third time, Passed Senate block vote (40-Y 0-N)

HB2355 - Read third time, Committee amendments agreed to (voice
vote), Engrossed, Passed Senate block vote (40-Y 0-N)

HB2373 - Read third time, Committee substitute agreed to (voice
vote), Engrossed, Passed Senate block vote (40-Y 0-N)

HB2383 - Read third time, Committee amendments agreed to (voice
vote), Engrossed, Passed Senate block vote (40-Y 0-N)

HB2391 - Read third time, Committee amendment agreed to (voice
vote), Engrossed, Passed Senate block vote (40-Y 0-N)

HB1427 - Read third time, Committee amendments reconsidered (39-Y
0-N), Committee amendments rejected (voice vote), Wexton floor substitute
agreed to (voice vote), Engrossed, Out of block, , Passed Senate (40-Y 0-N)

HB2319 - Read third time, Ruff floor amendment agreed to (voice
vote), Out of block, Motion to recommit to Local Government agreed to (voice
vote)

HB1486 - Out of block, Passed by for day

HB1750 - Read third time, Committee substitute agreed to (voice
vote), Out of block, Passed by for day

HB1887 - Read third time, Committee substitute rejected (voice
vote), Newman floor substitute agreed to (voice vote), Out of block, Passed by
for day

HB1915 - Read third time, Committee substitute agreed to (voice
vote), Engrossed, Out of block , Passed Senate (37-Y 1-N 1-A)

REGULAR CALENDAR

HOUSE BILLS ON THIRD READING

HB1854 - Read third time, Passed Senate (24-Y 16-N)

HB1417 - Read third time, Passed Senate (22-Y 18-N)

HB1573 - Read third time, Defeated by Senate (20-Y 20-N, Chair
voted nay)

HB1672 - Read third time, Committee substitute agreed to (voice
vote), Engrossed, Passed Senate (35-Y 5-N)

HB1715 - Read third time, Committee substitute agreed to (voice
vote), Barker floor amendments agreed to (voice vote), Engrossed, Passed Senate
(39-Y 0-N)

HB1718 - Read third time, Passed Senate (38-Y 2-N)

HB1752 - Read third time, Committee substitute agreed to (voice
vote), Engrossed, Passed Senate (23-Y 17-N)

HB1754 - Read third time, Passed Senate (25-Y 15-N)

HB1792 - Read third time, Passed Senate (39-Y 1-N)

HB1798 - Read third time, Committee amendments agreed to (voice
vote), Engrossed, Passed Senate (40-Y 0-N)

HB1810 - Read third time, Petersen floor amendments agreed to
(voice vote), Engrossed, Passed Senate (40-Y 0-N)

HB1819 - Read third time, Committee substitute agreed to (voice
vote), Engrossed, Passed Senate (39-Y 1-N)

HB2015 - Read third time, Passed Senate (39-Y 1-N)

HB2035 - Read third time, Passed Senate (36-Y 4-N)

HB2129 - Passed by for day

HB2164 - Read third time, Passed Senate (40-Y 0-N)

HB2263 - Read third time, Committee substitute agreed to (voice vote), Engrossed, Passed Senate (36-Y 4-N)HB2286 - Read third time, Committee amendments agreed to (voice vote), Engrossed, Passed Senate (24-Y 16-N)HB2303 - Read third time, Passed Senate (35-Y 5-N)HB2318 - Passed by for dayHB2368 - Read third time, Deeds floor substitute ruled not germane, Passed Senate (36-Y 2-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 please rise and be led in prayer by the Reverend dr. Donald d. Binder, pohick episcopal church, lorton. Reverend dr. Binder, thank you.

Let us bow our heads in a word of prayer. Heavenly father, we bow our heads at the start of this morning hour to give thanks for the many blessings you have be toed up on our -- bestowed up on our commonwealth and for yesterday's birthday george washington. You insider him to ap ser the call of his fellow country men, constantly on the bring of defeat. In the middle of the cold of valley forego you sustained him so he go bear the heavy weight of adversity placed up on his shoulders and hearte into beleaguered soldiers. And to a miraculous victory that sealed the establishment of our new nation. We ask you to bestow on us the same the-- bless especially in this regard our governor, lieutenant governor, senators and delegates of this general assembly. As this year's session comes to a close we ask they do the business of all our citizens. Amen.

Amen.

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

You have a full quorum, mr. President. Senate journal for Friday, February 20, 2015.

The Senator from Portsmouth, Senator Lucas, 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 38, nos 2.

Ayes 38, nos 2. 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.

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 39, nos zero.

Ayes 39, nos zero, the reading of the communications are 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 to the gallery and take up other matters of the morning hour. The Senator from russell, Senator Chafin.

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

The Senator has the floor.

Present in the gallery today is a visitor from the beautiful county of bland, Virginia. We have with us the commonwealth attorney from Bland County miss erin deheart visiting with us and erin has traveled here to meet with those and be interviewed today and I would ask the members of the Senate to giver inthe warm welcome of the Senate.

Thank you, Senator. Is miss erin deheart in the gallery? Welcome, we appreciate you making the long journey from the southwest and hope you fared well in the cold weather. Just to let you know my dad was commonwealth's attorney and became a judge, hopefully the stars will align for you. I ask the members of the Senate in offering miss erin deheart the warm welcome of the Senate. [applause] the senior Senator from henrico, Senator Stosch.

Thank you, mr. President. Mr. President, I 'm pleased to call to your attention in the gallery a very special guest, miss sally johnston is present with us and she is the first female Senate page and, mr. President, she was appointed by your presented sessor j. Sergeant Reynolds. I would ask you extend a very warm welcome to miss sally Johnson, page class of 1971.

Thank you, Senator. Would miss sally johnston please rise? Welcome back. And I guess my question is why did it take so long? But I 'm glad you were the first female page and what a great program we have now as -- if you have followed it, we are very proud of it. Like every year we have a great group of scholars here helping us. Thanks for coming back and visiting. I'd ask the members of the Senate to please join me in offering miss sally johnston the warm welcome of the Senate. [applause] Senator from Franklin, Senator Stanley.

good afternoon, mr. President. I rise for purposes of an introduction.

The Senator has the floor.

Thank you, mr. President. Members of the Senate, in the gallery today we have two very good friend of mine from Franklin County in southside, Virginia. Mr. President, in the gallery is tim allen who is a commonwealth attorney from Franklin County, he Jones us in our annual interviewing process for judgeships and with him is one of his protogie, two great gentlemen, great lovers of the law and treat every one fairly in Franklin County. I would appreciate if you would extend to them the warm welcome of the Senate.

I will. Would mr. Timothy allen and cooper brown please rise? Welcome to the gallery and just as the Senator from Franklin said, we wish you the best of success in your interview this afternoon and I tell a quick story, I wachtd my father be commonwealth attorney and judge and of the two jobs I think the judgeship was a lot better for my father. Best of luck to you, not that commonwealth attorneys don't have a good profession, just a different type of work. Best of luck to you and thanks for being here. I would ask members of the Senate to please join me in offering mr. Timothy allen and cooper brown the warm welcome of the Senate. [applause]

The Senator from accomack, Senator Lewis.

I rise for purposes of an introduction.

The Senator has the floor.

Mr. President, members of the Senate, visiting with us in the gallery today is the mother-in-law of my seat mate the, Senator Wexton. That's jane Wexton, I ask you to welcome her here.

Thank you, it's been a pleasure having the Senator from loudoun with us and what a tremendous addition and I know you are proud of here. Thanks for being here, if you are able to stay around should be interesting discussion and debate on upcoming legislation. I'd ask the members of the Senate to join me in offering the warm welcome of the Senate to jane Wexton.

[applause]

The Senator from south eastern Fairfax County, welcome back, Senator Puller.

I need to move my feet closer together. I didn't realize I couldn't remember how to get out of my chair, but I made it. Thank you, mr. President. I rise for two introductions.

The Senator has the floor.

First of all, I 'd like you to give the warm welcome of the Senate to the minister who gave today's invocation, the Reverend donald binder from pohick episcopal church in lorton, Virginia.

I sure will. Will Reverend binder please rise. When I introduced you I had your name incorrect so I apologize for that but thank you for making the trip here and getting us off on the right foot for today's session. I know you've been here before, we appreciate hearing your message and hope you have safe travels back to lorton. I'd ask the members of the Senate to join me in offering the Reverend the warm welcome of the Senate. [applause] the Senator from southeastern Fairfax.

Thank you, mr. President, I also have two members of my staff, I 've never had people from my staff come over and asked to be introduced but today I have my legislative aide carrie ann and bridgett is also up in the gallery with carry ann, if you would give them the warm welcome of the Senate.

Thank you, Senator. Would carry ann and bridgett please rise? Thank you to the gallery, thanks for the good work you've been doing for Senator Puller, I know she appreciates it and we are glad to have her back in our presence. I would ask members of the Senate to join me in offering bridgett and carrie ann the warm welcome of the Senate. [applause] Senator spotsylvania, Senator Reeves.

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

The Senator has the floor.

Earlier today I had the opportunity to meet with quite a few young people, part of our future farmers of america and they are he's cord by one of my great interns miss charlotte horn but our future farmers are escorted by two teachers, katie and jacob. They are on the front row in blue jacket and they are the most well behaved young people that have come through my office and I 'd like you to give them the warm welcome of the Senate.

Thank you, Senator. Would the future farmers of america please rise? Welcome to the Senate gallery and thanks for making the trip to visit with us today. Just a quick quiz for the morning hour and it not a real difficult question but what is the number 1 industry in the commonwealth of Virginia ? All right. All right. You all are on your way. Thank you for being here and keep up the great work. It a great profession. I'd ask the members of the Senate to please join me in offering the future farmers of america the warm welcome of the Senate. [applause] the senior Senator from Fairfax County, Senator Saslaw.

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

The Senator has the floor.

Visiting in the gallery is julie strandy who is the mother of page carolyn and she is here visiting from Fairfax oral ex-and dry a.

Thank you, would miss julie strandly please rise. Welcome to the gallery and as I 've said before we have had a great group of pages and messengers, they did great. We will have the mock session Friday, if you are here it will be exciting and a little entertaining. We are looking forward to it. I would ask the members to join me in offering miss julie strandly the warm welcome of the Senate. [applause] Senator from powhatan, Senator Watkins.

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

The Senator has the floor.

Mr. President, we have a couple of individuals in the gallery today who are closely associated with someone we know here in the Senate of Virginia. They are also, I believe, constituents of mine so I 'm particularly proud of that. I wish you would recognize donna and david scharr, they are the son and daughter-in-law of our clerk susan susan schaar and page jeremy schaar and a close friend. Will you give them the warm welcome of the Senate.

Would you please rise? Just as the good Senator from powhatan we are so proud to have mrs. Schaar to, I guess I would say headed in the right direction and I think all of the senators would agree when we know when she gives us that particular look that we need to pay attention and perhaps change something that we are doing, and we have enjoyed having jason as a page this year. As I said earlier we have a great group of young scholars so thanks for being here, thanks for allowing your mother-in-law miss schaar to do all the wonderful things for the Senate. I would ask the members to join me in offering the schaars and give them the warm welcome of the Senate. [applause]

The Senator from James city county, Senator Norment.

Thank you, mr. President. Thank you, mr. President. I rise for purposes of requesting unanimous consent to introduce a bill, very modest bill, sir. It says Senate bill 1400. Mr. President, it was brought to my attention that effective July 1st of this year the commission on electric and utility regulation is due to expire and this extend the expiration date of July 1st of 2018 and in light of some of the legislation brought before the body it did occur to some of us that perhaps it would be a good idea to extend the life of that commission.

Thank you, the question is shall the Senate grant unanimous consent to introduce a bill as described by James city cone. All in favor of the motion will say aye. Those opposed no. The ayes have it, the consent of the Senate is granted to introduce a bill. Senator Dance.

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

The Senator has the floor.

Mr. President, visiting us today is miss sal berkewitz, these two young ladies have been shadowing me and getting a bird's eye view of how the Senate works. Sal is a nurse anesthetists. And both of these ladies are extremely knowledgeable in their respective field and have a great desire to learn more, especially about the legislative process and it's ultimate effect on the field of nursing. Mr. President, like myself, I know you understand the great deal of work that our nurses in the commonwealth perform each and every day. I would ask that the Senate give these young ladies a warm Senate welcome.

Thank you, Senator. Would miss sal and demetrius barnes please rise? Welcome to the Senate gallery, welcome to the capitol and thank you for being here to watch a wonderful Senator at work. As I said earlier, I think good discussions will take place today if you are able to stick around and watch. I'd ask the members of the Senate to please join me in offering miss sal and miss demetria the warm welcome of the Senate. [applause]

Mr. President? And now I have one more introduction.

The Senator has the floor.

Thank you, mr. President. Mr. President, last week I had the opportunity to introduce a family members of one of our outstanding pages here, miss rachel and I say she is out standing, mr. President, because she is a resident of the 16th senatorial district, Richmond, so you know she is special. Last week we introduced her and her mother was a page and now we have the grandparents, glenn and linda icom who have come to watch her stellar performance and I would ask you to give them the warm welcome of the Senate.

Would mr. And mrs. Iccom please rise? Welcome. As we said we are proud of our pages and I know you must be proud of her as well and they have done an excellent job this year and hard to believe we are almost finished and in a week they will be coming home and hopefully have learned a lot. I'd ask the members of the Senate to please join they in offering mr. And mrs. Glenn and linda iccom the warm welcome of the Senate. [applause] the Senator from arlington, Senator Favola.

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

The Senator has the floor.

Thank you. With us today are four members from my Senate office, two interns, eric and mekala, both interns are student at vcu, they have been extraordinarily helpful to my office in handing constituent serviced and on occasion helping us with some technology issues. Also in the gallery is abigail fox, my communications director and my legislative aide, I ask the Senate give my team a warm welcome. Thank you.

I will, Senator. Would the members please rise? Welcome and I see you look familiar, now I recognize you, thanks for being here and you are working with a great Senator and I know she appreciates your help and a lot of constituents communicate, don't they? Lots of e-mails and phone calls so you are a tremendous help and that goes for all the other aides and interns that are helping. We appreciate all your effort. I would ask members of the Senate to please join me in offering Senator Favola 's staff the warm welcome of the Senate. [applause] evident Senator McWaters.

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

The Senator has the floor.

In a sense, point of personal privilege as well, I want to welcome back the fact we have the full compliment of the Virginia Senate here, we have two of the toughest and brightest women among us back and we are so proud to have them back, the gentleman woman from Portsmouth Senator Lucas and the southeastern Fairfax County, Senator Puller. The only negative thing is some of my bills might not pass.

That's a great way to welcome them back of, I agree with Senator Lucas and Senator Puller, it welcome to have you back in Richmond and we wish you a speedy recovery and best in health and we have missed you and our thoughts and prayers have been with you and we certainly appreciate that you are back and have joined us once again. I would ask the members of the Senate to please join me in offering the Senator from southeastern Fairfax County and the Senator from Portsmouth a wonderful welcome back to the Senate of Virginia. [applause] is there any other business for the morning hour. Seeing none, the clerks will please call the calendar.

Senate calendar for Monday, February 23, 2015. Conference committee report on 1843.

Senator Hanger.

I move we adopt the conference committee report and speaking on that.

The Senator has the floor.

That deals with the green job --

It don't want to do the heimlich maneuver, take your time.

Thank you, thank you. Mr. President, it might be good if we would pass it bye for a moment.

House bill 1843 will go bye temporarily.

Conference committee report on House bill 2306.

The senior Senator from henrico, Senator Stosch.

Mr. President, I move we adopt the conference committee report, this is thible bill, the House has acceded to the the senates position.

The question is shall the Senate concur with the House 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 40, nos zero.

Ayes 40, nos zero, the Senate concurs with the committee report.

Conference committee report on Senate bill 1037.

Thank you, mr. President.

Senator Hanger.

Thank you, when I was a little boy I saw someone from the ed Sullivan show put a cracker in their mouth and whistle. I put a cracker in my mouth and I couldn't even talk. The difference between the House and Senate was the length of extending that credit and we ended up compromising at three years so I would move the bill pass.

Thank you, Senator. The question is shall the Senate concur with the committee conference report. All in favor signify by saying aye. Those opposed no. 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 39, nos 1.

Ayes 39, nos 1, the Senate concurs with the committee conference report. Returning to House bill 1843, the Senator from augusta.

I would move we adopt the House committee report, it is the House billy just describe, I move we adopt the conference committee report.

The question is shall the Senate adopt 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 38, nos 1.

Ayes 38, nos 1, the Senate adopts the conference committee report.

Conference committee report on Senate bill 1231.

Senator Reeves.

I would move we adopt the conference committee report, the House has acceded to the Senate 's position.

The question is shall the Senate adopt the conference 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 3.

Ayes 37, nos 3, the Senate adopt the conference committee report.

Conference committee report on Senate bill 1401.

The Senator from James city county, Senator Norment.

Thank you, mr. President, I would ask we adopt the conference committee report on Senate bill 1401. There were a couple -- this is the gap type answering bill for regional -- gap financing bill for regional tourism. A couple modest changes were made on that, one change that was made originally provided for a 20 year period, there was some concern on year 19 that someone could refinance and qualify for an additional 20 years on top of that, so that was taken care of with some language. The other thing is that there was adele gated committee that could have some oversight involvement in these project, the issue of constitutionality and delegation of authority relating to taxes came up so we eliminated that so I would ask we accept the conference committee report.

Thank you, Senator. The question is shall the Senate adopt the conference 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 39, nos 1.

ayes 39, nos 1, the Senate adopt the conference committee report.

Conference committee report on Senate bill 1404.

The senior Senator from henrico, Senator Stosch.

Mr. President, ladies and gentlemen of the Senate, this is the companion bill, as was true of the House bill, the House has acceded to the Senate 's position so I move we adopt the conference committee report.

The question is shall the Senate adopt the conference 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 39, nos zero.

Ayes 39, nos zero, the Senate adopt the conference committee report. On page 5, conference committee report on Senate bill 1309.

Senator Ruff.

Could that go bye for the day.

Without objection. Unfinished business - House. H.B. 1959, House rejects Senate substitute.

Senator Martin.

I ask that we insist on our amendments and respectfully request a committee of conference.

Thank you, Senator. 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 40, nos zero.

Ayes 40, nos zero, the Senate insists on its substitute and requests a committee of conference.

Turning to page 9, infinished business Senate. S.B. 876, passed House with amendment.

Senator Cosgrove.

I ask we adopt the House amendments and speaking to the amendments.

They are technical and clarifying in nature, brings attention to proper code section for the bill.

The question is shall the Senate adopt 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 40, nos zero.

Ayes 40, nos zero, the Senate adopts the House amendment.

S.B. 885 passed House with substitute.

Senator Petersen.

Thank you, mr. President. With a request that rereject I move that we adopt the House amendments. This is the small business definition bill. I think we are close but I think the House has a little more verbage than what we need and I think we will work it out in conference so I ask we reject.

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 40.

Ayes zero, nos 40, the bill is rejected.

s.B. 896, has passed House with amendments.

I move we accept the House amendments.

The Senator has the floor.

Thank you, mr. President. The House amendments are technical in nature, it changes 15 day to 21 daytime limit and again I move we accept the time limit.

The question is shall the Senate adopt 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 40, nos zero.

Ayes 40, nos zero, the Senate adopts the House amendment.

S.B. 951, passed House with substitute. S.B. 1046, has passed the hous

The question is shall the Senate agree to 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 40, nos zero.

Ayes 40, nos zero, the Senate adopts the House substitute. S.B. 1046, has passed the House with substitute.

I move we accept the substitute. Speaking to the bill.

The Senator has the floor.

It will provide lower cost health insurance to the localities including their school board employees. The House amendments are technical in nature and confining the nature of the bill to three certain localities that have had a consortium previously in the valley. Hopefully it would be the pleasure to pass the House amendment.

Shall the Senate concur with the House amendment. All in favor of the motion will record their votes aye, those opposed no. Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.

Ayes 40, nos zero.

Ayes 40, nos zero, the Senate concurs with the House amendment. S.B. 1109.Has passed the House with amendment.

I would move we accept the House amendment and speaking to that.

The Senator has the floor.

Mr. President, what this bill did is creates an exemption for an open meeting under the foya laws if you are having a discussion relating to cyber security or certain threats. In this day and time this is something we need. The House put an emergency clause on it which we viewed as a good thing. With that I would ask we accept it.

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 40, nos zero.

Ayes 40, nos zero, the Senate concurs with the House amendment.

S.B. 1129, has passed the House with amendments.

Senator from stafford, Senator Stuart.

I move we again accept the House amendment and speaking to the bill.

The Senator has the floor.

This was the counter part to the last bill and this provide for an exemption to retrieving records if they are related to cyber security or particular threats to government allentytys. The first two amendments as you can see just were more clarifying as to the particular threat and then an emergency clause was also added to this bill. With that I would move we accept the amendment.

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 40, nos zero.

Ayes 40, nos zero.

S.B. 1133, has passed the House with amendment.

Senator from buckingham, Senator Garrett.

Mr. President, could we move past this bill temporarily.

Without objection Senate bill 1133 will be passed temporarily.

S.B. 1186, has passed the House with substitute.

Senator from rockingham, Senator Obenshain.

With the recommendation it be rejected I move we concur with the House substitute. This authorized first administers -- we have differences to be worked out.

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 39.

Ayes 1, nos 39, the substitute is rejected.

S.B. 1287, has passed the House with substitute.

Senator from powhatan, Senator Watkins.

Mr. President, ladies and gentlemen of the Senate I would move we concur with the House amendment, speaking to the amendment.

The Senator has the floor.

Mr. President, ladies and gentlemen of the Senate, this small bill pick up a little bit of baggage as it ventured down to the other end of the capitol and I have read closely the additional opportunities and these are economic development opportunities, I would say. There were several, they are mentioned in the code already several locations that we allow mixed beverage licenses and we had -- I had originally requested this for one location in southwest Virginia and some of them I have friend in southwest Virginia decided I -81 and route 58 needed a few more designated areas where this potentially could be allowed, and, so, they have enumerated those on page 5 of the bill and I concur with those. I would also point out, however, that when the bill got to the floor it was seen as an opportunity to venture into some other areas with regard to licensing and, so, a certain Delegate from out in the western part of the state decided that it would be appropriate and the speaker even concurred, he even found that it was germane, that we add the art instruction studio license onto the piece of legislation. Mr. President, ladies and gentlemen of the Senate, I have read that closely and I would point out to the members, I happen to agree this would probably be an appropriate position for adding this license. Also in that section of the code already exists licenses for arts venue events, canal boat operator licenses, motor car sporting events, equine sporting events, tasting licenses, all of these and fruit distiller licenses. All these licenses already exist in the code and this would merely add the art instruction studio license. I would point out additionally that it is limited in that the license only grants the individual, the licensee, the ability to serve up to two five ounce glasses of wine or one 12 ounce glass of beer and that's it, and you cannot charge for them, they must be in the Price of overhead he with regard to operation of the business, so again I would reiterate we would concur with the House amendments, sir.

Senator from Fairfax City.

Would the Senator yield for a question.

Would you yield.

I would yield.

Would the substance of this amendment, was that not discussed on the floor just a few days ago.

Senator from powhatan?

Mr. President, I would say that it was. As I remember the conversation, however, some of the detail did not get out to the membership, particularly the limitations.

Further question, mr. Chair.

Would the Senator yield for an additional chair.

.

I will yield.

Are you aware in st. Paul they already have an art instruction studio?

I would say in terms of the ruling on the germaneness of this particular bill, I don't think we have that discretion at this point, it is before us as a bill, the germaneness was ruled or had to be taken into consideration in the body in which they accepted the amendment.

Final further question, mr. Chair.

I yield.

He yield.

I would ask the gentleman if this opens the door that every time we have a bill which grants ate abc authority to a small town in southwest Virginia that it comes back and basically we rewrite our abc code? Are we establishing that precedence?

Mr. President, I would say that I don't think this is necessarily a precedent. Certainly we can reject the amendments, but I think that in this case the limitations on that license, and when you consider the additional licenses that have already been grand such things as handual hearts venue licenses are already accepted, it don't seat where this is so much of a diversion from that type license that it couldn't be made available. Obviously there is interest on the part of these art instruction studios to offer a little libation as they go through their artistic venues.

Speaking to the bill.

The Senator has the floor.

This is maybe not the most earth shaking matter but we rejected this twice, one time in the committee and one time on the floor and to send it back to us with something that has nothing to do with abc and come back in a bill that just says one town could have mixed drinks, I think we should reject it.

The junior Senator from henrico, Senator McEachin.

Would the Senator from powhatan yield for a question?

Would you yield?

I yield.

He yields.

Mr. President, I must confess in some, I guess it's now 16 sessions I don't know that I 've ever seen a bill with such specificity as to location and my guess is that the Senator does not know but I have to ask the question, does the Senator know who owns these properties?

Senator from powhatan?

Mr. President, I do not know who owns those particular properties. I would say to the gentleman that it was the desire of some of the House members who were very much aware of the locations and particularly the intersections because, and the request was made because they are trying to from an economic development standpoint maintain the efficacy, economic efficacy of hotels and those types of facilities at these intersections, and, so, that's why they requested this licensing. This is not tantamount to just giving them a license, they still have to apply.

I thank the Senator.

The Senator from southeastern -- from southern Fairfax County, mr. Barker.

I rise for purposes of an introduction.

The Senator has the floor.

Mr. President, I rise to speak in support of this particular measure and to address one particular issue that has arisen in the discussion so far, the bill that was killed in committee in the Senate was a different bill, it was a bill from the Senator from southeastern Fairfax that would have allowed someone to bring their own bottle into an art instruction studio, this does not allow someone to bring their bottle in, this allows the owner to provide it. I think that's a significant difference.

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 21, nos 16, rule 36:1.

Ayes 21, nos 16, rule 36:1. The Senate concurs with the House amendment.

S.B. 1372, has passed the House with amendments.

Senator Ruff.

Thank you, mr. President, I move the Senate concur with the House amendments, this is the omni force work bill, it changes how the state delivers the work force services.

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 39, nos zero.

Ayes 39, nos zero, the Senate concurs with the House amendments.

Senate bill 1395 has passed the House with a substitute.

Senator from peters bearing, Senator Dance.

I would ask we concur with the House substitute and speaking briefly to the substitute.

The Senator has the floor.

Mr. President, this little bill was one that was worked out with the stakeholders utility company and environmental incues every, it a companion bill that had been marshaled in the House, we found Peace in the valley after mine had passed with clarification with the inner connection of residential and nonresidential and I ask we approve the substitute.

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 40, nos zero.

The Senate concurs with the House substitute.

S.B. 1405, has passed the House with amendment.

Senator Favola.

I move the Senate concurs with the House amendment.

The Senator has the floor.

It allows them to evaluate impact on Virginia health payers when another jurisdiction takes an action that could have an impact on our rate payers. What the House did is they added an emergency clause which makes this bill effective up on it's passage. Thank you.

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 40, nos zero.

Ayes 40, nos zero, the House concurs with the substitute.

S.B. 803, House insisted on its substitute and requested a committee of conference.

I ask the Senate succeed to the request for the committee of conference. We go back and forth whether we should limit the authority to planning district 8 or let it go state wide and that's the debate.

Thank you, Senator. The question is shall the Senate accede to a request for com. 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 6.

Ayes 34, nos 6, the Senate accedes to the committee of conference.

S.B. 938, House insisted on its substitute and requested a committee of conference.

Senator from stafford, Senator Stuart.

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

Thank you, Senator. The question is shall the Senate accede to 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 1.

Ayes 38, nos 1, the Senate accede to the request for a committee of conference. Returning to page 12, Senate bill 1133. Senator from buckingham, Senator Garrett ?

Thank you, mr. President. The amendment is pretty significant as you can tell, it left this board 38 to zero. What it does is talk about retaliation or threats by government employees. What was pointed out when I got to the building on the other side that some constitutional officers were afraid it would affect their essential at will relationship with their employees, we didn't want to create a problem so they make sure employees of elected constitutional officers would still be at will. It get to more of what I was trying to do with the bill to begin with. I would ask we agree to the House amendments.

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 40, nos zero.

Ayes 40, nos zero, the Senate con customers with the House amendment. Returning to page 5, Senate bill 1309, the Senator from mecklenburg, Senator Ruff.

Thank you, mr. President. I move the conference committee report be agreed to, it adds members to the charitable gaming board.

Thank you, Senator. The question is shall the Senate adopt the 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 40, nos zero.

Ayes 40, nos zero, the Senate adopts the conference committee report.

On page 21, uncontested calendar House bills on third reading. House bills on third reading. Uncontested calendar.

The Senator from James city county, Senator Norment

Thank you, mr. President. I would now move all the House bills on the third reading o the uncontested calendar be placed on their final passage as a block after the adoption of any amendments, if any Senator desires to remove the the bill do so and that includes House bill 2177 through House bill 2391, sir.

The question is shall House bills on the uncontested calendar third reading pages 21 through 47, House bill 2177 through House bill 2391 be placed up on their final passage in a block after the adoption of any amendments there to with the understanding 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. And there is one floor amendment.

?Eer from spotsylvania, Senator Reeves.

I make the motion to withdraw the floor amendment.

Without objection the floor amendment will be withdrawn. House bill 2173, the committee amendment has been accepted by the Senate. House bill 1427, there is a floor substitute.

Senator webbing ton.

Could 1427 please come out of the block.

Do you want to do your substitute?

If we could do it now.

Now is the appropriate time.

To get the bill in proper form I would ask we reconsider the vote by which the committee amendments were agreed to.

The question is shall the vote 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 39, nos zero.

The motion is agreed to, the junior Senator from loudoun.

I would move that we reject the committee amendments at this time.

With the recommendation that they be rejected the question is shall the amendment be agreed to. All in favor of the motion will record their votes aye, those opposed no. -- excuse me, let me start over. With the recommendation that the amendments be rejected, the question is shall they be agreed to. All in favor of the motion will say aye. Those opposed no. The nos have it, the amendments are rejected. The junior Senator from loudoun.

I waive the reading of the floor substitute.

The question is shall the reading of the floor substitute be waived. All in favor of the motion will say aye. Those opposed no. The ayes have it, the reading of the floor substitute is waived. The junior Senator from loudoun.

I move the floor substitute be agreed to and speaking to the motion.

The Senator has the floor.

Thank you, mr. President. You all know this is my first full session, my first short session so I was very interested to hear the majority leader speak about congratulate us all for the great volume of legislation we have managed to pass through this body thus far, but even on days like today when we have 21 pages worth of uncontested bills and I get it, I know we all are tired and want to go home but I want to remind the members we need to be vigilent because if we don't we run the risk of passing less isolation that is flawed antiwould submit this is an example of that. This bill has very good intentions, seeks to hold drug dealers responsible for the deaths that occur when overdoses occur. I get it. I along with the Senator from grayson work on the governor's task force. I have friend who lost a child to an overdose less than six months ago, so I understand we need to do something. The problem that we have is the current fell op I murder statute requires -- felony murder statute requires the deaths occur while in the commission of some felonious act. The problem is drug distribution and overdoses don't meet what is required. In 2013 as many are aware the court of appeals decided a case woodard versus commonwealth that says, no, unless there is some really close direct causal and temporal connection it not sufficient under our second degree murder statute so we need to do something about that. And this bill does good things to fix that problem, however, it says if you distribute drugs and the person you distribute them to dies you are get I of murder and that I would say is inconsistent with the policy we have put forward this session in other legislation. We have Senate bill 892 from the Senator from Fairfax City. And there was another measure in the House doing the sail thing. That provide an affirmative defense to possession of drug possession in the case where a person calls 911 and cooperate with the investigation. Senate bill 1186 from the Senator of rockingham increasing access to the opiate antagonist life saving drug, need to get it out there. We have made these policy statements through our legislation we are not trying to push addict further underground, we want to encourage them to come forward and report when someone is in distress and seek help before it too late. But the problem is that 1427 in it's current form says, never mine, hey, if we do come and we can't revive your buddy, you are gilley of murder and that second degree murder punishable between 5 and 40 years in the pent ten cheer. I submit life isn't that simple. We want to go after the dealers, we need to go after the dealers, these are the people profiting from the sale of these drugs, these are the people pushing these drugs into our communities and the law in it's current form doesn't do anything to further that goal. It fails to recognize that lots of addicts use drugs together. They share their drugs, they share their works, they pool their money together to buy drugs. These people aren't dealers per se but they do distribute under the code. So the policy in my mind we are trying to get out there is that we don't, we shouldn't be punishing those addicts in the same way we are punishing the dealers who are profiting. When two addicts use drugs together, they both pass out and only one wakes up, we can't and shouldn't treat that other addict the same as the person who sold them the drugs. I would submit this bill in it's current formal so creates an incentive to police and prosecutors to go after the low hanging fruit, that is to go after the people hut aren't the root cause of the problem but it won't to a thing to stop that problem, it's not going to do anything to get us to the dealers who are further up the food chain. The amendments I propose seek is maintain consistency with what we have in the law with regard to accommodation and create incentives for police, prosecutors and the fellow users and addicts to go after the real culprits. These amendments would do two things, first it would recognize distribution as an accommodation even where the person dies would not be second degree murder, it would be downgraded to involuntary manslaughter. For those who think that's a slap on the wrist, that's a sentence up to 10 years in the penitentiary. It goes a step further by providing if someone reports an overdose and the person -- and sticks around at the scene, identifies themselves and cooperates going after the real culprits, the dealers, that can be an affirmative defense to that crime and these are both affirmative defenses so people can still be charged, placed on pretrial, they can be drug tested, they can be put into treatment, they can be made sure that they do not reoffend, but I would submit that these amendments are very important to further an important policy statement that we can make in this body and, again, to create the consistency to do after the real culprit and I would hope that the body would agree to this floor substitute.

Thank you, Senator. The senior Senator from henrico, Senator Stosch.

Mr. President, would the gentle lady yield for a question?

Will the junior Senator from loudoun yield?

I will yield.

She will yield.

Mr. President, I appreciate and admire the advocacy of the lady for the underlying policy but in rejecting the committee amendments it is also rejecting our appropriation clause. I need to inquire about the potential impact before we adopt it.

Junior Senator from loudoun.

I would respond to the senior Senator from henrico that I believe that that clause is still in the substitute. Yes, it's page 3.

All right, thank you, mr. President.

Thank you, Senator. The Senator from stafford, Senator Stuart.

Thank you, mr. President. Would the gentle lady yield for a question?

Would the Senator yield for a question?

I will yield.

She yield.

Thank you, mr. President. Just to make sure, she has done quite an overhaul on this bill from when it left the courts committee, I want to make sure I understand. I would ask the gentle lady, the additions would be essentially lines 33 through 49 or 26 through 49, but am I correct in seeing there is now an affirmative defense for an accommodation which would then be prosecuted as a class 5 felony and that there is -- are two exemptions if the people are seeking medical attention to the other individual who is overdozing and if they work with law enforcement if requested to do so, so are there essentially three exceptions to this bill, is that correct?

The junior Senator from loudoun.

Mr. President, I would respond to the Senator from starve odder, it's really two, one for the acomptation and one for the accommodation with all of the other factors present. Reporting, staying at the scene and cooperating with the investigation.

Mr. President, would she yield for another question.

Would the Senator yield for an additional question.

It could be reduced to a class 5 felony. What are they prosecuted in the event they cooperate with law enforcement.

Junior Senator from loudoun.

I would respond that they could be prosecuted -- I think everybody would start out being prosecuted for the second degree murder and these are affirmative defenses so it would be up to the defendant to put these defenses forward in order to downgrade the offense.

Thank you, mr. President.

That's. The question is shall the 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. This bill is now on the uncontested calendar. If anybody wants it to be taken out of the block this would be the appropriate time.

Mr. President.

Senator from Franklin.

Could you please pull h. B. 1427 out of the plok.

Without objection h.B. 1427 will come out of the block.

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

Senator Smith.

I move that substitute, it is technical and grammatical in nature.

Thank you, Senator. 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. 1895, the committee amendment has been agreed to by the Senate.

H.B. 2319, reported from committee on local government.

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 mecklenburg.

Thank you, mr. President, all this does is add a sunset clause in it so that after the next census the county can figure out how they want to redistrict.

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

Mr. President?

The junior Senator from henrico.

Will you be kind enough to pull h. B. 2319.

Without objection, h. B. 2319 will come out of the block.

H.B. 1402, reported from committee on transportation with substitute.

Senator Newman.

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

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. 1419, reported from committee on education and health. H.B. 1469, reported from committee on courts of justice with substitute.

Senator from rockingham, Senator Obenshain.

I move the committee substitute be agreed to.

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. 1486, reported from committee on courts of justice with amendment. And there are three floor amendments.

Senator from rockingham, Senator Obenshain.

Mr. President, with the recommendation -- I suppose parlimentary inquiry, I suppose we are in the position of adopting the committee amendments that won't preclude the floor amendment? Move to adopt the courts of justice committee amendments.

Mr. President?

Yes, Senator from bath.

The floor amendments were from the junior Senator from henrico who is out of his seat, I would ask that bill go bye temporarily.

With out objection, it will go bye temporarily.

Mr. President? Move the committee amendments be agreed to.

Just one second, we'll get back to that. The Senate will stand at ease.

Senator Obenshain, would you make the motion, it would be in perfect order.

It would be my pleasure. I would ask if this bill would be taken out of the block and go bye for the day unless there's an objection.

No objection here. House bill 1486 will come out of the block and bye for the day.

H.B. 1515, reported from committee on education and health. H.B. 1522, reported from committee on transportation. H.B. 1584, reported from committee on education and health with substitute.

Senator from chesterfield, Senator Martin.

I move the committee substitute be agreed to.

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

H.B. 1606, reported from committee on courts of justice. H.B. 1612, reported from committee on education and health. H.B. 1613, reported from committee on transportation. H.B. 1615, reported from committee on education and health. H.B. 1616, reported from committee on education and health with amendment. And there is one floor amendment.

The Senator from chesterfield, Senator Martin.

I would move the committee amendment be agreed to.

Thraws. 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. The Senator from buckingham, Senator Garrett.

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

First we have to waive the reading.

Mr. President, I move we waive the reading.

Thank you, Senator. 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.

I move the committee amendment be agreed to -- floor amendment be agreed to.

If you could speak to it briefly.

I spoke to the Delegate who carried the bill and he was happy, to continue moving it along we agreed to do it as a floor amendment, it was contemplated in advance.

The Senator from chesterfield.

Would the Senator from buckingham yield for a question, please?

Would the Senator yield for a question?

Reluctantly.

He yield, Senator.

What does the amendment do?

The amendment essentially puts the language in a manner such that it is consistent within the code and it allows for industries who have specific needs and our concern was the nuclear industry which has two major facilities in Lynchburg, one in my district and one in the Senator from Lynchburg 's district to coordinate with local schools without them being forced into compliance standard that would negotiate the ability to create a work force that is able to help assist those industries because there aren't necessarily nationalized standards. It creates ate opt out and the whole reason this was done again with the consent of the Delegate was to acknowledge his bill is a good bill for work force but we didn't want negative impacts in ongoing programs and I 'd be delighted to give further detail if the Senator would like it.

Speaking to the amendment.

The Senator has the floor.

Having checked to see what it does, I would concur with the amendment and ask you agree.

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.

H.B. 1674, reported from committee on education and health with amendment.

Senator from chesterfield.

Mr. President, I ask that the Senate agree with the 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. 1675, reported from committee on education and health with substitute.

Senator from chesterfield.

I move the Senate agree to the 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. 1676, reported from committee on education and health. H.B. 1698, reported from committee on education and health with amendment.

Senator from chesterfield.

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. 1700, reported from committee on transportation. H.B. 1714, reported from committee on education and health. H.B. 1717, reported from committee on courts of justice with amendment.

Senator from rockingham, Senator Obenshain.

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. 1723, reported from committee on education and health. H.B. 1733, reported from committee on education and health with substitute.

Senator from chesterfield.

I ask the Senate to agree with the committee substitute.

Mr. President?

Senator from buckingham.

Will the Senator yield for a question?

Yes.

Mr. President, I wonder if he could explain to us what the committee amendment does before he asks us to agree with it.

Senator from chesterfield.

It deals with the pace program for doctors, nurses and providing medical services to muring homes and eligible individuals but hut are cared of in a pace adult. That was a serious question I asked a minute ago not having seen your amendment. Hopefully that is sufficient.

Having heard the explanation I would ask we agree to 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 substitute is agreed to.

H.B. 1735, reported from committee on education and health. H.B. 1736, reported from committee on education and health.

Let take our seat, senators.

You might have to repeat that.

The Senate will stand at ease.

H.B. 1737, reported from committee on education and health. H.B. 1738, reported from committee on education and health. H.B. 1750, reported from committee on education and health with substitute.

Senator from chesterfield, Senator Martin.

Mr. President, I move that the Senate agree with the committee substitute.

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

Mr. President?

The Senator from Franklin, Senator Stanley.

Thank you, mr. President. Can we pull h. B. 1750 out of the block and lit it go bye for the day.

Without objection, House bill 1750 will come out of the block and bye for the day.

H.B. 1764, reported from committee on courts of justice with amendments.

Senator from rockingham, Senator Obenshain.

Mr. President, I ask 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. 1785, reported from committee on courts of justice with substitute.

Senator from rockingham, Senator Obenshain.

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

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. 1818, reported from committee on education and health. H.B. 1833, reported from committee on courts of justice with substitute.

Senator from rockingham, Senator Obenshain.

I would ask the committee substitute be agreed to.

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. 1839, reported from committee on education and health. H.B. 1841, reported from committee on education and health. H.B. 1873, reported from committee on education and health. H.B. 1886, reported from committee on transportation with substitute.

Senator from Lynchburg, Senator Newman.

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

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

H.B., reported from committee on transportation with substitute. And there is a floor substitute.

The senior Senator from loudoun, Senator Black.

I wonder if that bill could please come out of the block.

Senator, we have a substitute, if we could take that up first and then have it come out of the block.

Yes, sir.

The Senator from Lynchburg, Senator Newman.

Mr. President, with the recommendation that it be rejected I move that the transportation committee substitute be agreed to but hopefully it will be rejected for the floor substitute.

With the recommendation it be rejected, the question is shall the transportation substitute be ag