04/17/2015 Senate Proceedings

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Minutes

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

Prayer offered by The Reverend Matthew D. Bates, Centenary United
Methodist Church, Richmond, Virginia

ROLL CALL OF MEMBERS: quorum present

Motion of Senator Miller dispensed with reading of Journal (34-Y
4-N)

Leaves of absence granted: Senators Deeds and Locke

 CALENDAR

 SENATE BILL WITH GOVERNORS RECOMMENDATIONS

 SB1424 - Motion that Governors recommendation is specific
and severable is rejected (0-Y 38-N), referred to Rules

On motion of Senator Norment, the Senate recessed at 12:20 p.m. to
reconvene at 1:20 p.m.

The Senate reconvened at 1:20 p.m.

CALENDAR (continued)

HOUSE BILL WITH GOVERNORS RECOMMENDATIONS

HB1984 - Passed by for the day (voice vote)

BILL REPORTED

From Rules: SB 1424A

SUPPLEMENTAL CALENDAR NO. 1

UNCONTESTED CALENDAR

SENATE BILL ON FIRST READING

SB 1424 - Rules suspended second constitutional reading dispensed
(37-Y 0-N), committee amendments # 1, 2, 4, 5, 18, 19, 20, 21, 33, and 34
rejected (voice vote), committee amendments # 9, 10, 11, 12, 13, 14, 26, and 29
agreed to (voice vote), committee amendments # 3, 8, and 24 agreed to (voice
vote), committee amendments # 15, 16, 31, and 32 agreed to (voice vote),
committee amendments # 22, 23, 27, 28, 35, and 36 rejected (voice vote),
committee amendments 37, 38, and 39 agreed to (voice vote), committee amendment
# 49 agreed to (voice vote), committee amendments # 44, 45, and 46 rejected
(voice vote), committee amendment # 40 rejected (voice vote), committee
amendments 41 and 42 rejected (voice vote), committee amendment # 17 rejected
(voice vote), committee amendments # 6 and 7 rejected (voice vote), committee
amendments  # 47, 48, 25, 30, and 43 agreed to (voice vote), Engrossed by
Senate (voice vote), Rules suspended, third constitutional reading dispensed
(37-Y 0-N), Passed Senate (37-Y 0-N), House informed

On motion of Senator Norment, the Senate recessed at 2:30 p.m. to
reconvene at 3:00 p.m.

 

 

 

Transcript

What follows is a transcript of this day’s session that was created as closed-captioning text, written in real time during the session. We have made an effort to automatically clean up the text, but it is far from perfect.

The Senate will come to order, the senators will please take their seats, those persons not entitled to the privileges of the floor will kindly retire to the galley, the senators and all in attendance will stand and be led in prayer by the Reverend matthew d. Bates, centenary united methodist church. Thank you pastor.

Let us pray. Almighty and all compassionate God, we pause in these moments to humble ourselves before you. We acknowledge you as the creator and source of life and its many blessings. Whatever differences we May have of background, social standing, personal history, or political philosophy, we acknowledge that we share a connection to the one who creates, guides, and seeks to bless us all. In the midst of the important discussions and deliberations of this body, let us never forget what we share in common. You have blessed this commonwealth with a rich history, gifted leaders past and present, natural beauty and bountiful resources. Let us use these gifts for the good of all. Make us wise and careful stewards of all these blessings. We pray for all the citizens of this commonwealth. Bless them all with a sense of purpose and dignity. Be with our sisters and brothers who have plenty. Fill them with gratitude for their blessings, and use them to bless others. Bless and keep those who are homeless, sick, hungry, imprisoned, or without hope or consolation in the midst of the time of trial. Now we thank you for these servants who offer themselves to serve the common good of the citizens of Virginia. Bless them in their labors. Grant them clarity of thought, purity of intention, and transparency in their actions. Bless the discussions of this hour, let the members of this body find ways to model virtue in their work on behalf of those they serve, that we all might be inspired to speak, act, and live in ways that promote the health of this great commonwealth, now and in the days to come. Amen.

Amen.

The clerk will call the roll.

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

You have a quorum, mr. President.

Thank you madam.

Senate journal for Wednesday, April 15, 2015,.

The Senator from Newport News, Senator Miller moves the reading of the journal be waived. All in favor of waiving the reading of the journal will record their votes aye, those opposed, no.

Are the senators ready to vote? Vote? Do any of the senators desire to change their vote? The clerk will close the roll.

Ayes 34, nos four.

Ayes 34, nos four, the reading of the journal is waived, the clerk will please report any communications from the House of delegates.

We do not have any, sir.

The clerk will please report any communication from the governor.

We do not have any, sir.

Thank you madam clerk. The time has come to take up matters for the morning hour, and also, introduce guests to the gallery. The junior Senator from henrico, Senator McEachin.

Mr. President, I rise for a request.

the Senator has the floor.

Mr. President, I would ask that the journal reflect my seat mate, Senator from Bath County s. Away from the capitol on pressing personal business.

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

Senator Lucas, the Senator from Portsmouth.

Thank you mr. President. Mr. President, I 'd like to request a leave of absence for seat mate, Senator Locke, the Senator from Hampton.

The journal will so reflect that the Senator from Hampton, Senator Locke, is away on pressing personal business.

The junior Senator from henrico, Senator mceachen.

Mr. President, I rise for an announcement.

The Senator has the floor.

Mr. President, today we had our invocation by the Reverend matthew bates from the centenery methodist church. I would ask you give them the warm welcome of the Senate.

I would, would Reverend bates and rachel please rise? Thank you very much for being with us and I know you came on a bit of short notice. We all weren't expecting to be here but we certainly appreciate you being here, helping us to get off on the right foot in what hopefully won't be too long of a session. I appreciate you being here and hope you have a wonderful weekend. Please offer Reverend bates and his daughter, rachel, the warm welcome of the Senate.

[applause]

Is there any other business for the morning hour?

If none, the clerk will please call the calendar.

The Senator from James city county, Senator Norment.

Good morning mr. President. If I could, take just a moment, perhaps, orient everyone. I am hopeful that we can move forward with some expediency. However, I have had the pleasure of lingering around here long enough to know that even when things are well-scripted, they don't necessarily run according to that anticipation. This morning, what I anticipate is that there will be a motion made to determine whether or not the governor's recommendations are specific and severable, and I 'm going to respectfully, when that motion is made to ask you to vote no, that those governor's recommendations are not specific and severable. Following that, there will be a recess whereby the ethics bill will then be sent to the Senate rules committee, and the Senate rules committee will deal with all of the recommended amendments that the governor has made. I do expect that of all of the amendments that the governor has made, that there will only be one that would be amended in rules, and that is to correct the draftsmanship on the language that deals with the $100 gift, and I have shared with Senator Saslaw the proposed language on that which would make it unequivocally clear that that would be $100 in aggregate on a calendar or annual basis, so there would be no subject to misinterpretation on that. Once the rules committee has acted, then the bill will come back to the floor and we will deal with the 53 amendments or however many there are. It would be my suggestion that we deal with that on the one exception rule. I think that there are a couple of those amendments that perhaps May not be affectionately embraced by the body or at least a majority of the body. Once that happens, of course we're going to have to do some suspension of the rules, but once we've completed that process, then the bill will be communicated to the House of delegates, simultaneously, they will be going through their procedural process, which is different from that of the Senate. We will receive the House of delegates bill, which I expect will be a replication of what we have done in the Senate, and we will move that bill through the process as well. So that is what I anticipate the process will be this morning. There are some other bills that are remaining on the calendar. Those are Senate bills and the House bills, and I do expect that we will deal with those this morning. Some of those will just be dealt with in a block, to pass by for the day. So that is the process. So with that, mr. President, subject to any reasonable questions, I would be prepared to make a motion to put this in process.

The Senator has the floor.

Mr. President, I would respectfully move that the Senate determine that the governor's recommendations for amendments to the ethics bill 1424 are specific and severable, that I would respectfully, speaking to the motion, request that the body vote no in order that we May move the bill and the proposed amendments to the rules committee.

Thank you Senator. The question is, shall the Senate determine that the governor's recommendations are specific and severable on bill 1424. All in favor of the recommendation that they are specific and severable will record their votes aye, those opposed, no. Are the senators ready to vote? Have all the senators voted? Do any of the senators desire to change their vote? The clerk will close the roll.

Ayes zero, nos 38.

Ayes zero, nos 38, the governor's recommendations are not specific and severable.

Mr. President, it's my understanding that procedurally, the bill would go to the rules committee, so I think a recess would be appropriate in order for the rules committee to convene, and I would respectfully yield to the Senator from hanover.

Senator from hanover.

Mr. President, I would call for a rules committee meeting in the old Senate chamber immediately upon recess.

Thank you Senator. The Senate will stand in recess until 1:00 p.M. The Senate will stand in recess until 12:50.

[Senate in recess]

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The Senate will come to order. Madam clerk will please call the calendar.

Page 10 of your calendar, House bill with governor's recommendation, House bill 1984.

The Senator from James city county.

Thank you, mr. President. I have a written request from the Delegate who sponsored this bill to ask me to please have this bill stricken from the calendar. The procedure of the Senate is not such that we do that because of the current form that it was in, so, mr. President, I would respectfully ask that House bill 1984, test test test test test written request of the patron is be passed by for the day.

Mr. President, with all deference to the Senator from James city county -- speaking to the motion, mr. President?

The Senator has the floor.

Once the bill comes to the chamber, it becomes our by whom. I have three judges who are in dire need of this bill passing. We passed this bill prior to this -- a couple days ago, and I think it May have even been the Senator from -- but we passed the Senate version of this bill back to the House. I would like to vote for this bill and hopefully adopt the governor's amendments. I would ask the committee not to pass the bill by.

The Senator from James city county.

Mr. President, with all due respect to the junior from henrico, and I think that there are many in here who perceive that their communities May be impacted by this bill, I would say that in the past, we have dealt with situations where the House has either asked for a bill to be returned or asked for it to be stricken from the calendar, not in this posture, but we have recognized the respectfulness of that request, and I just would say, mr. President, that that cuts both ways, that that cuts both ways. And I appreciate that there's some parochial interest here but I 'm just suggesting to you that that is the request of the patron of the bill, and I think if we start going down the path where we're going to ignore the request of patrons a bill, that that is perhaps not a good approach to take, and I understand where, getting fired up about because it's parochial, but we do need to respect the request of the individual senators and individual members of the House of delegates.

Thank you, Senator.

Mr. President?

The Senator from Roanoke City.

Would the Senator from James city county yield for a question?

Would the Senator yield for a question?

Yes, sir.

He yields, Senator.

As the Senator knows, the bill had the governor's apples had -- amendments had to be voted on in the House and now in the Senate and now you're saying the patron wants the bill to be killed. Does the Senator know how that comes about, why the patron apparently wanted it at one time, can the Senator explain what the patron's thought process is?

The Senator from James city county.

Mr. President, I understand the concern about the bill, and it is parochial. I am more concerned about the process, and maybe that doesn't bothersome of you. What I 'm saying is that the patron of this bill would like for it to be stricken. It cannot be done under the rules of the Senate. He's asked in the alternative that it be passed by for the day. And I 'm just suggesting to you that, in spite of your parochial interest, that this is a precedent that you need to give some thought to because I promise you, I promise you, that one of us is going to find ourselves in the same position going forward, and you should not have any expectation of receiving that same accommodation. So I 'm sorry that some of you think that your parochial I want is more important than that, and I understand it respectfully.

Mr. President?

Mr. President, I cannot explain it any better than that.

Thank you, Senator. The Senator from Roanoke City.

Mr. President, my question was, I don't understand why the patron in the House requested, and I guess I 'm not going to get an explanation. Thank you, mr. President.

Mr. President, I 'll answer that question. On more than one occasion some members of this body have heard me admonish members, and I have been admonished when I slipped on occasions, as we don't go behind what's the motive or the reason that a patron does what he does, why he -- he or she votes that way, why he or she introduce a bill that way, and I just suggest to you, I 'm not starting it today. All I know is, I 've got a written request here from the patron that said, pass it by for the day or strike it, and I told him I would present it and respect it.

Thank you, Senator.

The Senator from Alexandria, Senator Ebbin.

Speaking to the motion, I notice the patron voted for the governor's recommendation in the House, which seems kind of unusual if he wants it stricken now, but regardless of his motivation, I don't have any parochial interest. I just will note that in the House there have been occasions where they refuse to strike a bill at the patron's request. It's happened to me.

The question on the floor is, shall House bill 1984 be passed by for the day. All in favor of the motion will say aye. Those opposed no. The ayes have it. The bill is passed by for the day.

The Senator from James city county.

Going up -- I tell you, you look around this room, and professionally, there probably are some that really don't want that to be a recorded vote. That's not -- absence of transparency. [no audio]

Madam clerk, where are we?

We can turn to page 16 and take up a House bill vetoed by the governor. If the members would turn to your supplemental calendar number one for Friday, April 17, 2015. Uncontested calendar Senate bill on first reading, Senate bill 1424. An act relating to the state and local government conflict of interest acts, the general assembly conflicts of interest act and the Virginia conflict of interest and the advisory counsel, certain gifts prohibited, approvals required for certain travel. Reported from the committee on rules with amendments.

The Senator from hanover, Senator McDougle.

I move that the rules be suspended and we dispense with the second constitutional reading on Senate bill 1424.

The question is, shall the rules be suspended and the second constitutional reading be dispensed with? All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any of the senators desire to change their vote? The clerk will close the roll.

Ayes 37, no's zero.

Ayes 37, no's zero. The motion is agreed to.

The Senator from hanover?

Mr. President, we are now to the point where there are the amendments and I believe that there are 49, so I think that is Senator Norment 's bill, but the appropriate process would be for -- move that the amendments be agreed to under a 1-objection rule and the clerk would read each of the numbers of the amendment and then if members would object as we go through that process. And then at the end of the process, we'll vote on the amendments not objected to, and then we'll try to block the other amendment into categories of items remaining as we go forward.

Thank you, Senator.

Amendment one, amendment two --

Excuse me. Madam clerk, if you would -- I would like to amendment income one up independently and number two as well, please, ma'am.

Ladies and gentlemen, just -- I will call out the amendments that we're going to take out of the block. The procedure is going to be very similar to -- excuse me, mr. President. Procedure is very similar to what we do on the budget when we go through the amendments, the 1-exception rule.

Amendment 3, amendment 4.

We would take moment 4 out, please.

Amendment 5?

Yes, ma'am, ma'am, please.

Amendment six, amendment seven, amendment eight, amendment nine.

Yes, ma'am.

Amendment 10.

May I interrupt you just a moment, please, ma'am? [no audio]

Thank you, madam clerk. Madam clerk, if I could go through a list of the amendments that I 'm going to request to be taken out and I will share with you categorically what they are and then any remaining ones that a member would like to take out would be fine. If I May, mr. President, proceed in that regard?

Absolutely, sir.

Ladies and gentlemen, the first group of amendments all pertain to travel or disclosure. And I would respectfully ask that those -- the following amendments which pertain to travel and disclosure be considered independently, which we can take up in a block later on, but 1, 2, 4, 5, 18, 19, 20, 21, 33, and 34. All of those pertain to travel and disclosures. The next batch deal with the aggregated annual cap of $100 to clarify the drafting language. And that would be amendments 9, 10, 11, 12, 13, 14, 26, and 29. The ones pertaining to the $100 annual aggregated cap, 9, 10, 11, 12, 13, 4, 26 and 29 are the aggregated $100 cap. The widely attended event is the next one, and that is amendments number three, 8, and 24. The widely attended events 3, 8,, and 24. The scope of widely attended events, 15, 16, 31, and 32. The next group is the personal friend exemption, amendments 22, 23, 27, 28, 35, and 36. 22, 23, 27, 28, 35, and 36. Those are the groups of the personal friend exemptions. The council makeup, 37, 38, 39. Council staffing, 44, 45, 46. Random inspections, number 40. Necessary and convenient language, do all acts necessary and convenient to carrying out the purposes of this chapter 41, 42. Staggered terms, 49. Registrars and electoral boards, 17. The immediate family issues, 6 and 7. Enactment dates, 47 and 48. Technical amendments, 25, 30, and 43.

Did I get them all?

Now, it's somewhat cumbersome because when -- on Wednesday a number of the senators from both sides of the aisle went over to meet with the governor at our request, we were not summoned there, we went over at our request to have a discussion with him. And as a result of those discusses, representations were made that the governor's amendments would be considered regardless of what the disposition of the majority of the body would be, and I gave him my personal assurances that all of his amendments would be entitled -- would receive a vote.

Mr. President?

The Senator from powhatan.

With regard to the governor's amendments, in the first block, I would respectfully request that items -- amendments 1, 2, 4, 5, 18, 19, 20, 21, 33, and 34, be rejected. Speaking to that request?

The Senator has the floor.

In a block. Mr. President, ladies and gentlemen of the Senate, the reason that I bring these amendments forward is that I was contacted by bml and baco with regard to several of these amendments, and there are conflicting concerns with regard to which organizations we would be able to attend meetings at and which we would not that would be reimbursable. I would think it would be in the best interest at this time to reject those amendments in a block and if the council or the rules committee or the p and e committee in the upcoming session feels that clarification and re implementation of some of these is necessary, that they do it at this time -- at that time. My concern is, we're being -- we're making decisions here that will be extremely difficult to change once they get in writing. And I would rather that we spend a little bit more time figuring out exactly which ones we want and which ones we don't want. I'm not sure that these amendments don't jeopardize attendance to such things as ncsl and southern leadership council. So I would ask, mr. President, that those amendments in a block, that they pass and I ask that we reject them.

Make sure we're all on the same page, 1, 2, 4, 5, 18, 19, 20, 21, 33, and 34.

That is correct.

The Senator from southern Fairfax County, Senator Barker.

Mr. President, speaking to this issue?

The Senator has the floor.

Mr. President, I understand the concerns of the Senator from powhatan, and I think there's clearly some legitimacy to the concerns and there's clearly some issues that have to be dealt with there. I am concerned, however, with basically taking large swaths of travel -- travel that is paid for and not having it be disclosed. I think it would be a mistake to move in that direction this particular time. I think there's an opportunity to the address this through the council that will be established between July and the end of December, and if there are I should that are unresolved by the time we come back in January, I think we would have time to address it then. But I think that would be a more prudent way to go and would send the right message to the public, that we're not going to be in effect hiding some of the expenditures that would be incurred for travel, and so I think it would be appropriate to adopt the governor's amendments in this category.

Thank you, Senator. With the recommendation that they be rejected, the question is, shall amendments 1, 2, 4, 5, 18, 19, 20, 21, 33, and 34, be agreed to? All all in favor of the motion will say aye. Those opposed no. The no's have it. The amendments are not agreed to. Senator from James city county?

Thank you, mr. President. And you'll see, the Senator from powhatan and I are sort of tag teaming this and for that I 'm immensely appreciative. Next, mr. President, I would move, as it relates to the aggregated cap of $100 per year, the clarification language that you all have on that. I would move that the governor's -- that the rules committee amendment that corrects that draftsmanship language in amendments 9, 10, 11, 12, 13, 14, 26, and 29, be approved. Speaking to that motion, mr. President?

The Senator has the floor.

As I said, the way the -- these amendments, I think, really capsule some of the struggles that the general assembly has gone through in the last two years. There has been quite a bit of comment that has been made in the media about some of the warts that are on the ethics reform bill, and I think that those observations have been a cat a list -- catalyst for some constructive discussions. It's difficult to make sure we have gotten all of the draftsmanship errors and we've had a clear expression of what the legislative intent is on some of these issues. If you recall, this year we spent approximately six weeks working through the 2015 version of ethics reform, and at the 11th hour and 59 minutes, we still found that there were some problems that we could not address at that point. The executive branch has also had six weeks to work on this bill, and this is not intended to be a criticism, it's intended to be a lesson on the challenge that we have. The executive branch offered these amendments on the hundred dollars gift cap thinking that they had gotten the language tightened down appropriately, only to learn that their language was subject to an interpretation that was totally inconsistent with what I expect all 40 of us are going to embrace, and that is that we intended it to be a $100 aggregate annual cap. But that is not what was written, and blessedly, we have the opportunity to correct it. And so it's not a criticism of anyone; it's just the challenges with this piece of legislation, and it is so comprehensive and so many integral parts that we are continuing to try to identify them, and, mr. President, I 'm not johnny carson and the great karnak, for those of you who you, too young to remember who he is, he was a seer that could look into the future, I 'm sure there's other things in there that we have in the found yet. The good news is that this legislation we're going to go effect -- pass on July the first because the ethics advisory council will be created and they've got until January of 2016 before the legislation goes into effect to further vet it. And I think that is a very positive opportunity, so I would ask that we adopt the aggregate $100 per year cap that's embodied in 9, 10, 11, 12, 13, 14, 26, and 29 that came out of the Senate rules committee.

Thank you, Senator. The question is, shall the amendments be agreed to? Those are 9, 10, 11, 12, 13, 14, 26, and 29. All in favor of the motion will say aye. Those opposed no. The ayes have it. The amendments are agreed to.

Mr. President?

The Senator from powhatan.

Mr. President, with regard to amendments 3, 8, and 24, these are amendments that respectively deal with the definitional section and the term of a widely-attended event. The governor's amendments would remove the verbiage, is especially to the public, as a condition of that definition, being a wildly-attended event. He removes that. I think that is appropriate that that amendment be approved. I think that it ties down some of the opportunities, shall we say, that have been had in the past, and that are being less and less taken advantage of. Anyway, it does leave in place the use or the -- the ability of people, individuals who share a common interest, if it's a public, civic or charitable or professional organization, from a particular industry or profession or represent interested in a particular issue, still remain a condition of that definition, widely-attended event. So I would urge we pass those three amendments, mr. President.

Now, Senator. The question is shall amendments 3, 8 and 24 be agreed to? All in favor want motion will say aye. Those opposed no. Want ayes have it. The amendments are agreed to. Senator from James city county, Senator Norment ?

Thank you, mr. President. Continuing on the tag team, the next one is the widely attended event scope, which would be amendments 15, 16, 31, and 32, and I would move that those amendments be agreed to in the block and speaking to that, sir?

The Senator has the floor.

The bill as it originally passed the House and Senate included a widely attended event exemption which was analogous to what the united states congress rules provided. The governor clarified several points relating to these exemptions that I would recommend and I think are helpful. Officials May partake of food and drink at such events. The cost of admission or entertainment is part of the exemption, and that anything that is exempt from disclosure at a widely attended event must be a part and parcel of the event, not an ancillary matter, but a part and parcel of it. So, in other words, you cannot use a widely attended event as a camouflage or guise for things that you should not be getting, including cash. So I would ask that we concur with that.

The question is, shall amendments 15, 16, 31, and 32, be agreed to? All in favor of the motion will say aye. Those opposed no. The ayes have it. The amendments are agreed to. The Senator from powhatan, Senator Watkins ?

Mr. President, the next series of amendments are amendments 22, 23, he 27, 28, 35, and 36. And as I read this series of amendments, mr. President, it's removing the language from one area and putting it in another. It restores a provision that certain persons cannot be included in the definition of a personal friend for legislators and legislators cannot solicit, accept or receive from such persons. I'm not certain that there's a clear understanding of how that changes from the original language that was in the conflict of interest act. We addressed that pretty thoroughly when it originally came through rules committee, and I would urge that we reject those amendments. That's number 22, 23, 27, 28, 35, and 36.

Thank you, Senator. The Senator from James city county, Senator Norment.

Mr. President, I would just say that this and a couple others would be ones that we're going to ask the ethics advisory council to look at in the interim with the expectation we'd receive a report back for January.

Thank you, Senator. With the recommendation that amendments 22, 23, 27, 28, 35, and 36 be rejected, the question is, shall the amendments be agreed to? All in favor of the motion will say aye. Those opposed no. The no's have it. The amendments are not agreed to. Senator from James city county?

Thank you, mr. President. Moving to the category of the council makeup, which would be amendments 37, 38, and 39, the governor offered some amendments on this, and it leaves it where the House of delegates and the Senate will appoint a judge member but it does give the governor the opportunity to make appointments to include a vaco representative, a vml, and remove the retired judge from the gubernatorial appointment to give him broader discretion for executive appointment.

Thank you, Senator. The question is, shall amendments 37, 38, and 39 be agreed to to? All in favor of the motion will say aye. Those opposed, no. The ayes have it. The amendments are agreed to. The Senator from pow a hasn't, Senator Watkins ?

With regard to amendment number 49, this is the amendment that actually adds an enactment clause, I believe, and this provides that the council membership would be staggered, and the original appointees would be reflective of that staggering, on different terms, it felt felt that this is an appropriate approach to the makeup of that council so I would move that it be agreed to.

The question is, shall the 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. Senator from James city county, Senator Norment ?

Thank you, mr. President. There are three amendments, 44, 45, and 46, that deal with the staffing of the council, and once again, this was an amendment from the executive branch that was well-intended but there is a practical problem with that, so my motion, mr. President, is that we adopt the governor's amendments on 44, 45, and 46 with a recommendation that we reject those amendments. And here is the practical reason. There's nothing political associated with this. This is merely a process. Unfortunately, this ethics advisory council is not a designated fiscal agent, and we're going to have to figure out how to make them one because they would not have the ability to receive funds and then to pay out, so we need to keep them under legislative services until we can work through that issue. And once again it's one we just did not contemplate at the time, so I 'd respectfully ask that, on the council staffing recommendations, 44, 45, and 46, that those amendments be rejected.

Thank you, Senator. With the recommendations that amendments 44, 45, and 46 be rejected, the question is, shall the amendments be agreed to? All in favor of the motion will say aye. Those opposed no. The no's have it. The amendments are not agreed to. The Senator from powhatan, Senator Watkins.

Regard to amendment 40, this would require the council to conduct a semiannual inspection of a random sample of disclosures. It is felt that that would be an arbitrary system for inspections of these disclosures that are submitted, and that that should not be the approach that the council takes. If at a later date they feel compelled to be more specific with a procedure, that would be worth entertaining. But to say, from the beginning, that they will be semiannual, random samples, I believe is a bit precipitous, so I would move that the amendment be agreed to and request that it be rejected.

Thank you, Senator. The Senator from southern Fairfax County, Senator Barker.

Mr. President, speaking to the motion before us.

The Senator has the floor.

Mr. President, this, like the one I spoke on earlier, is one that I think is valuable and necessary and appropriate ticket. And I would hope that we would support the governor's amendment for number 40. One of the criticisms that has been levied on the situation regarding reporting and evaluation of ethics issues and financial issues as it relates to public officials in Virginia has been the fact that although we submit information, much of that information is not reviewed and checked for accuracy and those things. What this would do is set up a process where it would be a semiannual type of review, a random set, I think there's clearly many ways they can come up with a random thing that is not political in nature, and I think it would be appropriate to have those reviews. We do have reviews done internally in the Senate of the disclosure forms that we file, and I don't think there's bin any problem with that type of process. I think it would give the public more confidence in the accuracy and valuedity of the information that is submit.

The Senator from James city county, Senator Norment.

Thank you, mr. President. I would rise in support of the motion that the Senator from powhatan raised. Some of the provisions of that amendment, I think, are inherent, we all know if we don't file on time, there are consequences for that already, but I think one of the most important things is that we've heard an awful lot of discussion about transparency. And, mr. President, I would remind everyone that one of the requirements under the ethics bill, I think addresses transparency and it's transparency to the entire world, and that is that, pursuant to a number of suggestions that were brought to my attention from the media as a result of ongoing discussions about transparency of the economic disclosure issues, that they're going to be published now. Right now you have to request a copy of the clerk, I believe, and she generally responds on it. All of these things are now going to be posted online. Everybody in the world is going to have immediate access to it without having to make any specific administrative request of the Senate. And I think that we do not need to go in this direction, sir.

Thank you, Senator. With the recommendation that amendment number 40 be rejected, the question is, shall the amendment be agreed to. All in favor of the motion will say aye. Those opposed no. The no's have it. The amendment is not agreed to. The Senator from James city county.

Thank you, mr. President. Ladies and gentlemen, we are getting near the end. Mr. President, next, if I could invite the attention of the Senate to the governor's recommended amendments number 41 and 42, and this is what I refer to as the necessary and convenient language. That amendment adds new language to the bill, which would give the council on ethics the power to, quote, do all acts necessary and convenient to carry out the purposes of this chapter, close quote. I would suggest, mr. President, whether I read that as a public servant or whether I read that as a pretend attorney, that I think it is far too overbroad and that it does not give sufficient guidance or sufficient metrics to the council to do that, and I think if we wanted to extend any other statutory provisions to the ethics advisory commission, that we would have done so in the statute. So I would respectfully move that the amendments 41 and 42 be agreed to with a recommendation that they not be agreed to.

Thank you, Senator. With the recommendations that amendments 41 and 42 be rejected, the question is should the amendments be agreed to. All in favor of the motion will say aye. Those opposed no. The no's have it. The amendments are not agreed to. The Senator from powhatan, Senator Watkins.

With regard to amendment number 17, this would require the members of local electoral boards and general region stars to file disclosure forms. I don't know that I reject to the ridge stars having to file these, but it's not bifurcated the way it should be. The problem, if you impose on the membership of the electoral board the requirement to file semiannual statements or even annual statements, you will not get people to serve in those capacities. Most of them are retired people right now. Sometimes, many times they're paid little, if anything. You would dismantle the ability of those electoral boards to work. Most of them are retired, and quite frankly, they don't want to tell the rest of the world what they're retired on. And I think it would be hurtful, needles to say, we could probably come up with another form that could be used in lieu of that complete form that we have to fill out, but that's not what this amendment does. So I would urge that we reject the amendments.

The Senator from Franklin. Senator Stanley.

Thank you, mr. President. Speaking to the motion and recommendation, just to add to what the Senator from powhatan said, we're also talking about boards that are an appointment. They're appointed by our circuit court judges in our counties, cities and towns. These aren't people that run for political office, that seek to be elected to an office that is voted on by the public. These are people that are selected by members of the respective communities. They're put on a letter, and from that letter, recommendations, the judge of the circuit court makes the recommendations. So it seems to me completely and wholly unnecessary that we make them file financial disclosures with regard to this ethics bill. So I would concur with the Senator from powhatan's assessment. Thank you.

The Senator from southern Fairfax County, Senator Barker.

Mr. President, speaking to this motion as well.

The Senator has the floor.

Mr. President, I take a little bit of a different tack as it relates to this particular one and the recommendation from the Senator from powhatan. I certainly, in the part of the commonwealth I 'm from, there's competition as to who wants to be the boards. They have not been the types of positions where they've had difficulty filling them and have had multiple people wanting to fill various slots there. They're three member boards in the jurisdictions. One of the concerns is, and we saw it just this week, as a result of action taken by the state board of elections religion to equipment, a lot of the boards are having to take action on that issue. And as long as those types of decisions are being made, I think it's appropriate this basic disclosure incorporated there so if there are any conflicts identified there as relates to their responsibilities, there is something that is on the record on that. And I don't think it's particularly harmful. Long before I got elected to the Senate, I served on a variety of different commissions and boards in Fairfax County where I reside and had to fill out these things for many of them. Certainly I never found them disconcerting.

The Senator from Fairfax City, Senator Petersen.

I rise to speak against this amendment. I represent a small community of 20,000 people, Fairfax City, which is, of course, fully encompassed by Fairfax County. We've had the same three people on the electoral board for the last several years because we can't find anybody else to take their place. The bottom line is, it is an imposition. I respect them for putting in really unpaid hours to do the job. The whole republican democrat thing means very little in Fairfax City because we do run at independents for city offices. So I do think it really is an imposition on what are essentially volunteers. I would ask that we reject this amendment.

With the recommendation that amendment 17 be rejected, the question is shall the amendment be agreed to. All in favor of the motion will say aye. Those opposed no. The no's have.

Reporter: the amendment is not agreed to. Flush flush flush flush flush flush.

The Senator from James city county, Senator Norment.

Thank you, very much, mr. President. If I could now invite the Senate to direct their attention to the governor's recommended amendments number 6 and 7, which just by way of categorical description, is immediate family. Mr. President, I would move that committee amendment 6 and 7 be agreed to with a recommendation that those amendments be rejected. Ladies and gentlemen, 6 is just a technical amendment grammatically, but 7, this deals with the family situation and what it that done, it is actually an expansion of what we have previously had where children, grandchildren, parents, and brothers and sisters, are added within the definition. And I guess I 'm cursed and blessed in one way that I only have one family member left but there's some that have rather large families, and trying to determine if and when and how they receive gifts and other things is a little challenging. So I just think it is overly broad and would respectfully ask that we reject the adoption of those two amendments.

With the recommendation that amendments 6 and 7 be rejected, the question is, should the amendments be agreed to? All in favor of the motion will say aye. Those opposed no. The no's have it. The amendments are not agreed to. Senator from powhatan, Senator Watkins.

Mr. President, I 'm going to wind this rodeo up. With regard to amendment number 47, the governor's moment -- amendment 47, this would provide a different effective date for three sections of the bill, which would allow the council to be put in place and the members to be appointed and for their confirmation to be delayed. My recommendation would be to agree with amendment 47. Amendment 48 provides for local officers and employers -- employees would file their disclosure forms with the clerk of the local government, which would be an appropriate change because it shouldn't be filed with the secretary of administration or with one of the clerks offices. And thirdly, amendments 25, 30, and 43, are merely technical amendments and we would recommend those as well. I would recommend the governor's amendments number 47, 48, 25, 30, and 43.

Thank you, Senator. The question is shall amendments 47, 48, 25, 40, and 43 be -- I 'm sorry, 47, 48, 25, 30 and 43, be agreed to. All in favor of the motion will say aye. Those opposed, no. The ayes have it. The amendments are agreed to. Senator from James city county, Senator Norment.

Just as a matter of precaution, madam clerk has a much keener and more attentive aye than I do. Have we dealt with all of the governor's recommended amendments?

Yes, sir.

Thank you, mr. President and I appreciate the Senate 's patience as we went through it, but that seems to be the best approach. With that, mr. President, I would respectfully move that Senate bill 1424 be engrossed and advanced to its third reading, sir.

The question is, shall the bill be engrossed and advanced to its third reading. All in favor of the motion will say aye. The bill is engrossed and advanced to its third reading.

Now we'd respect reply move that the third constitutional reading of the titles be disopinionsed with and the bill be advanced to its final passage.

The question says, shall the rules be suspended and the third constitutional reading of the bill be dispensed with. All in favor of the motion will record their votes aye. Those opposed no. Are the senators ready to vote? Have all the senators voted? Do any of the senators desire to change their vote? The clerk will close the roll.

Ayes 37, no's zero.

The motion is agreed to. The Senator from James city county.

Thank you, mr. President. I would now respectfully move that Senate bill 1424 pass and I think that perhaps enough verbiage has been shared on it at this moment.

The question is, shall Senate bill 1424 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 of the senators desire to change their vote? The clerk will close the roll.

Ayes 37, no's zero.

Ayes 37, no's zero. The bill passes. Senator from James city county.

Mr. President, inquiry of the clerk, please, sir. Madam, is there anything that we need to do to expedite the transmission of that Senate bill to the House of delegates so that they can move, and in return, receive their companion House bill?

If the House is currently working on their companion bill, the staff spent a lot of time and effort last night to expedite the bill. It is still going to take -- because you have 49 amendments, about an hour to engross the bill.

So did you say you need an hour?

We need an hour.

Okay.

And if anyone would like to volunteer, we're more than happy to have volunteers.

Madam clerk, if I could make an inquiry, does that require the assistance of those that you have on the dais or can we proceed to wrap up the balance of the calendar?

We can wrap up the balance of the credit. It's being done behind the scenes.

Okay. If we could pause just one moment, please.

The Senate will stand at ease.

The Senate will come to order. The Senator from James city county.

Ladies and gentlemen of the Senate, I know it has been a long and arduous road on ethics reform, and I appreciate very much everybody's patience and the input that you've made into that bill. I expect it's going to continue to evolve over future legislative years, and that's okay. I think fresh ayes looking at it in the interim period of time where the ethics advisory committee can look at it should be helpful and I know there's some segments of society that we will not please because we haven't gone far enough, but I feel like we've really made a quantum effort this year, and I thank everyone. With that, I yield to the Senator from powhatan.

The Senator from powhatan.

Mr. President, I would request respectfully a point of personal privilege for a minute.

The Senator has the floor.

Mr. President, ladies and gentlemen of the Senate, this is a momentous day for me, I think, and on your behalf, I hope it is the last day of this session, the last day that we are on this floor in this calendar year. It has been a huge experience for me personally and emotionally, to be a member of this body and to be a member of the legislature for the last 34 years. I don't know of a better group of people to get to know. I really don't. I think everybody comes down here for the right reasons. And I think sometimes we let our emotions get the best of us. Sometimes we let our politics get the best of us. But all in all, everybody is down here for the right reasons. And I appreciate the heck out of that. It has been an honor to serve with each and every one of you. I've got good, good friends here. And your people -- you are people that I will never forget. I would say one thing to you with regard to the future. Keep your mind open and talk to your neighbors, whether they are on the same side of the aisle or not. We've got a news generation that's coming up in the state, and indeed in this country, and their expectations of us, of you, are going to be different from what we are providing right now. So be aware of that. And understand that that young group, those young guns, if you don't pay attention to them, you're not going to be here long, you know. And the only way you're going to be here long is to get some problems solved that they see as problems. So I know that the people in this room today are capable of doing it. And I wish all of you the best of luck this fall, and I mean that sincerely. And I 'll see you -- as a matter of fact, I think I 'll make a phone call from someplace really warm about the first of February next year. I've already promised I will call one. He calls me every christmas and he's in 85-degree weather and I 'm in 32-degree weather. So you probably will be hearing from me. But thank you and God bless you.

Thank you, Senator. 3. I thought about what those children learned that day. Together, we can do many things. Not just one winner, everybody can be a winner. In that case all nine of us kids were winners and they knew it. I think we can all be winner s you have to remember work together and do the right thing. So, with that, I 'm I will hang up my saddle here and say it's been an honor and pleasure to know you. I thought about what john said a few minutes ago about, you know, being the greatest people he has ever seen or served with, I always felt that way, too. The greatest group of people I have ever had the privilege to serve with and that is my honor and thank you very much. [ applause ]

The Senator from southeastern Fairfax County Senator poland.

Thank you, mr. Chairman.

Senator has the floor.

I hope I can make it through this. I remember my first day in the House of delegates in 1992, looking up at that ceiling and thinking this is a place where so many great men had come before. And I actually remember going to the orientation ceremony for the House of delegates. And bruce chamberson asked all the members to come to this place and line up. And some woman kept telling me I was in the wrong line. You need to go get in the spouse's line over here. [ laughter ] and we're going to take it tour of Richmond but you have got to get in the spouse's line. I said, no, I 'm in the right line. I'm in the right line. And she just kept insisting and I know there weren't enough women at that time, there still aren't enough women, but at least now they do recognize that we aren't just spouses. We are beyond being just spouses. And for that I am grateful, and I 'm glad that the men treat us as members and they ask us questions and come and speak to us as human beings,. [ laughter ] they co-patron bills with us and actually ask us to co-patron their bills. And, in fact, in this last session, when I was not here, george Barker carried a couple of my bills for me. So we have come a long way and I think we keep moving in a better direction. And I hope all of you have the very best luck and as Senator Watkins said, and Senator Colgan said, these are some of the best people I have ever known but I have also learned so much from you and I have been thrilled to be here serving with you and I will call you up. I'm glad I have so many people that I know from across the commonwealth who have varied interest so that I know if I have a certain problem with a certain issue, I can call somebody in some other part of the state and say "do you have somebody I can talk to about this?" and we all do that. It's called networking. So, I will be missing you next year and I wish you all nothing but the best. And I thank you very much for being my friends. And I am going to -- what did the guy say? It's been real. [ laughter ] that's it. Thank you. [ applause ]

The Senator from Virginia beach Senator McWaters.

Thank you, mr. President. I certainly have not had the honor and privilege of serving as long as those who have gone before me and great speeches. You will all be missed considerably. I would like to say I 'm sure I 'm a better person and smarter person just from being here. Being around all of you and learning these tremendous issues that you have to grapple with every day: you know being in business, people ask me, probably others of you who are in business get the same question, you must be frustrated up there a lot. This must be a really big bad change for you being important corporate executive and going into legislature. I do not hesitate to tell them that this is a doggone tough job and these are very smart people and they can serve on any board in america and they can be the ceo of most companies in america. So I really appreciated all that you guys have put up with in helping me take a transition. I think some of you have said that it's important that people in business take those kinds of transitions, but it's important that people from all walks of our society and our commonwealth come into these jobs and when they do, I know they are going to be blessed by meeting you and by being -- I 'm getting another call from one of my piers here. [ laughter ] there we go. And a joking round and the fun we have too. It's serious and hard work but you guys make it fun and easy. I want to thank you for everything you've done for me. I think I have said this before but you are such a great group to love because you love Virginia and you love your towns and communities and you love the people you serve and you love our great country and that's just been easy to serve with you in that regard. Thank you very much. I love you. If you get to Virginia beach, please, please stop and see me. We might have something we can do there with all these bills we have passed. Thank you very, very much. God bless you. [ applause ]

From James city county mr. Normen.

Thank you very much. I would ask that the Senate stand in recess until 3:00, sir.

The Senate will stand in recess until 3:00. Approvals required for certain travel.

Senator from hanover, Senator McDougle ?

Mr. President, I move that the constitutional readings for House bill 2070 be waived.

Thank you, Senator, the question is shall the rules be suspended and the third constitutional reading be dispensed with? All in favor of the motion will record the votes aye those opposed and have all the senators voted? Do any senators desire to change their votes? The clerk will close the role. Clerk clerk ayes 36. Nos 0. Mr. Hanover?

I move to the House bill 1270 be agreed to. Speaking to the motion, mr. President, this 2070 is the same bill that's in the exact same verbiage with the same amendments that just passed the Senate that was Senator Norment 's bill s.B. 1424.

Thank you, Senator. The question is should the bill pass? All in favor of the motion shall reported their votes aye, those noe. Have all the senators voted? Do any senators desire to change their votes? The clerk will close the role? Clerk: ayes 36, nos zero.

Ayes 36, nos 0. The bill passes the nature from James city county. Senator from James city county.

Mr. President inquire of the clerk does that complete the -- today's calendar? Do we have any communications from the House of delegates?

It completes the calendar, we have no further communications from the House. I do have one announcement.

Yemen.

Please clean off your desk before you leave them tonight. We have model general assembly meeting in here tomorrow. We will lock your desks before we leave tonight, but if you would take care of anything on top of it, that would be greatly appreciated.

Is there any other business to come before the Senate ? The Senator from greyson? Senator Carrico ?

Thank you, mr. President. A point of personal privilege.

The Senator has the floor.

Thank you, mr. President. Many of us was saddened yesterday by the news of the passing of a true Virginia gentleman richard l. Settles jr. Most of us in here know him from his work that he did here at the general assembly through the telecommunications industry and for the coal industry. And richard was a true -- he truly exemplified the statement that you don't measure a man's demeanor by his stature but by his character. As all of us know, richard, if you ever met him was a big man. He was the only man that I know that if my overcoat was missioning in my closet, I called richard because he is the only one that could wear it. So, I have known richard for some time, but his character always showed through a gentle and warm smile that he always had, no matter what he was going through and no matter what it happened. Richard always wore a smile and could warm your day up just by talking with him and getting to know him better. Richard was born and raised in Russell County, which is in Senator Chafin 's district where Senator Chafin is from. And he served on the board of supervisors there for several years. He became the chairman, vice chairman of that board at some time he served on the board for the Virginia coal, economic development authority. And he was a founding member of the board for the southwest Virginia education center there and the telecommunications committee there in southwest Virginia. He served on a lot of these boards because he wanted to help the people of southwest Virginia and give back. And richard was a very thoughtful man and very he respected man in southwest Virginia. And a lot of us in here from that area knew him from that. Richard served in the u.S. Air force for several years and then after getting out served in the telecommunications industry for verizon for 31 years. I first met richard, believe it or not, in 1995 when I was a state trooper. I arrested the driver of a bus that was transporting a group of legislators and lobbyists from the if I had fiddler's division. Colonel huggins happened to be which at the check-in. Now what you are going to do? I'm going to find them a driver and get them back to the lodge. And I got on the bus and the first gentleman said I can drive. And the odor of alcohol about singed my eyebrows I said no, I think we can find somebody else. At the back of the bus stood up this man and he had big smile on his face and he said, "trooper, I have got a show chauffeur's license, if you will let me drive I will get them back." that was richard settles later when I became a Delegate, richard and I were talking. Told the story unbeknownst to me it was richard who I had gotten to drive that bus home. Thank goodness I kept a job that night. But I was very acquainted with richard over my time here and a lot of people knew him very well. And I loved him very much for the demeanor that he had you know ironically today as I read a bible verse the bible verse that was given to me was blessed is the man who endures temptation for when he has been approved, he will receive a crown of life which the lord has promised those who love him. And many of us in here won't know the struggles that richard went through in life, some of us in here do. But, I can say that on April 16, 2015, richard was approved and I move that we adjourn today in honor and memory of richard l. Settles jr., a true Virginia gentleman.

Thank you, Senator.

Senate will come to order. James city county Senator Norment.

Thank you, mr. President. I respectfully move we waive the reading of any communication from the the House of delegates.

Thank you, Senator. The question is shall the reading of the communication from the House of delegates be waived? All in favor of the motion? Record the votes aye. Senators ready to vote? Have all the senators voted? Have any senators desired to change their votes? The clerk will close the role.

Ayes 31, nos 3.

The reading of the communications is read. The Senator from hanover Senator McDougle.

Mr. President, we will have to take a recess briefly, and so I ask that the rules committee meet at my desk immediately upon the calling of the recess. We have to take up the House bill and then bring it to the floor. The clerks office will then have to prepare a supplemental calendar which the bill will come out on the second reading and hopefully we will be able to do that process in a rapid fashion. So, immediately upon recess rules committee to meet at my desk.

Senator, do you anticipate how long the recess will be?

15 minutes. So recess until 3:45.

Senate will stand in recess until 3:45.

The senior Senator from henrico, Senator Stosch.

mr. President, I move that the Senate do now adjourn, sinai die, and when we adjourn, we adjourn in memory of richard l. Subtle, junior and Senator Colgan, McWaters, Puller, Smith, Stosch and Watkins.

Thank you Senator. The question is, shall the Senate adjourn, sanai die in memory of richard l. Sutel, junior and in honor of senators Colgan, McWaters, Puller, Miller, Stosch, and Watkins. All in favor of the motion to adjourn san -- sian -- sinai die, say no, -- say aye, those opposed, no. The Senate stands adjourned sinai die. Sinai die.