01/20/2016 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. Frank H. Carr, Living Word of
Christ Fellowship Church, Halifax, Virginia

ROLL CALL OF MEMBERS: quorum present

Motion of Senator Vogel dispensed with reading of Journal (31-Y
5-N)

COMMUNICATION FROM HOUSE (HN10119): reading waived (33?Y 5?N)

The House of Delegates has passed the following House bill: HB 31

The House of Delegates has agreed to the following House joint
resolution: HJ 175

House bill referred and joint resolution laid on Clerks Desk: see
January 21 Senate Calendar

BILLS AND RESOLUTIONS REPORTED

From Finance: SB 99A, 359, 366S, 545

From Local Government: SB 56A, 78, 79S, 103, 122, 266, 280, 281,
361S, 407A

From Privileges and Elections: SB 43, 69, 382, 420, 446; SJ 1S, 70

BILLS REREFERRED

From Local Government: SB 15 rereferred to Finance, 408 rereferred
to General Laws and Technology

Leave of absence granted: Senator Lewis

MESSAGE FROM HOUSE: House agreed to Special and Continuing Joint
Order set for Thursday, January 21, 2016

Bills presented, ordered printed and referred/joint resolutions
laid on Clerks Desk under Senate Rules 11(b), (26)g and HJR 37: see January 21
Senate Calendar

CALENDAR

UNCONTESTED CALENDAR

SENATE BILLS ON SECOND READING

SB 27 - Read second time, Committee substitute agreed to (voice
vote), Engrossed by Senate block vote (voice vote)

SB 109 - Read second time, Engrossed by Senate block vote (voice
vote)

SB 205 - Read second time, Engrossed by Senate block vote (voice
vote)

SB 423 - Read second time, Engrossed by Senate block vote (voice
vote)

REGULAR CALENDAR

SENATE BILLS ON SECOND READING

SB 11 - Passed by for day

SB 240 - Read second time, Engrossed by Senate (voice vote)

SB 241 - Read second time, Committee substitute agreed to (voice
vote), Engrossed by Senate (voice vote)

SB 424 - Read second time, Committee amendments agreed to (voice
vote), Engrossed by Senate (voice vote)

UNCONTESTED CALENDAR

SENATE BILLS ON FIRST READING

SB 24 - Rules suspended, constitutional reading dispensed block
vote (39-Y 0-N), Passed by for day

SB 38 - Rules suspended, constitutional reading dispensed block
vote (39-Y 0-N), Passed by for day

SB 192 - Rules suspended, constitutional reading dispensed block
vote (39-Y 0-N), Passed by for day

SB 209 - Rules suspended, constitutional reading dispensed block
vote (39-Y 0-N), Passed by for day

SB 374 - Rules suspended, constitutional reading dispensed block
vote (39-Y 0-N), Passed by for day

REGULAR CALENDAR

SENATE BILLS ON FIRST READING

SB 179 - Rules suspended, constitutional reading dispensed block
vote (39-Y 0-N), Passed by for day

SB 208 - Rules suspended, constitutional reading dispensed block
vote (39-Y 0-N), Passed by for day

SB 229 - Rules suspended, constitutional reading dispensed block
vote (39-Y 0-N), Passed by for day

SB 305 - Rules suspended, constitutional reading dispensed block
vote (39-Y 0-N), Passed by for day

SB 335 - Rules suspended, constitutional reading dispensed block
vote (39-Y 0-N), Passed by for day

SB 337 - Rules suspended, constitutional reading dispensed block
vote (39-Y 0-N), Passed by for day

SB 351 - Rules suspended, constitutional reading dispensed block
vote (39-Y 0-N), Passed by for day

SB 447 - Rules suspended, constitutional reading dispensed block
vote (39-Y 0-N), Passed by for day

UNCONTESTED CALENDAR

SENATE RESOLUTION ON SECOND READING

SR 29 - Read second time, Engrossed by Senate (voice vote)

On motion of Senator Newman, the Senate adjourned
at 12:31 p.m. to convene Thursday, January 21, 2016 at 12 m.

 

 

Transcript

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

[Unknown]
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 rise and be led in prayer by the Reverend Dr. Frank h.Carr. Reverend car, welcome.
[Unknown]
Let us play. Almighty God, everlasting king of heaven and earth, we invoke your holy spirit to take control over these your senators today. Lord, we thank you for the opportunity you have given them this body to oversee the business of this great state we May they serve Virginia with love. Righteousness and truth, unselfishly with a humble heart displaying wisdom and characteristic, united in the governing of this state we love. Father, we pray the fires of freedom continue burning bright in the hearts of all these senators and all virginians that love and are lawyers and the service they do for God and country and in the spirit of true democracy and now on to him who is able to keep you from falling and present you faultless before the presence of his glory with exceeding joy to the only one and true God our lord and savior be glory, honor, dominion and power both now and forever more. Amen. [no audio]
Bill Howell
All right. We are going to call the roll. All right. The clerk will call the roll. All those present please vote aye. The clerk will close the roll.
[Unknown]
You have a quorum, Mr. President. Senate journal for Tuesday, January 19, 2016.
Bill Howell
The Senator, Senator Vogel moves that the reading of the journal be waived. Senators ready to vote? Have all the senators voted? Do any senators desire to change their votes? The clerk will close the roll. As 31, nos 5. The clerk report any communication from the House of delegates. Senator Norment .
[Unknown]
I respectfully waive that -- move that we waive the reading of the communication from the delegation. Are the nors ready to vote? Do any senators desire to change votes. The clerk will close the role. Ayes 33, nos 5.
[Unknown]
The reading of the communication is waived. The clerk will report any communications from the governor.
[Unknown]
We do not have any,.
[Unknown]
I thank you, madam clerk the time has come to recognize visitors to the gallery. Senator Vogel .
[Unknown]
I rise for purposes of introduction.
[Unknown]
The Senator has the floor.
[Unknown]
Mr. President, you know well the young men and women who are here in the gallery this morning. They are representatives from the model general assembly of which you and I both were once participants. We have members of this body and also members of the body across the Hall. I say to those in the gallery don't stop now, you have much to look forward to. I hope some of you will be in this body sometime in the unfortunately, on my seat I do future. Not have the names of those who are in the gallery. But I will tell you it is the governor, the lieutenant governor and attorney general and I 'm hoping other representatives from model general assembly. It is a wonderful program that I participated in when I was in high school. Todd Gilbert went to central high school with me and also participated in model general assembly and I can assure you when I was here participating it never ever crossed my mind that Delegate Gilbert would be Delegate todd Gilbert or that I would be Vogel where. Senator Vogel .I ask that you exm welcome of the Senate .
[Unknown]
Will members please rise. And thank you all and just to give you a little bit of history of how things turn out in life when I was in your shoes growing up on the eastern shore I came to model general assembly and ran for attorney general. The I was successful. The main reason is because I ran unopposed laugh. Opposed.That is the only way toy the way. It was a great experience. Now I 'm not attorney general. I'm lieutenant governor. You never know what will happen. I met Taylor and thomas but if you don't mind Taylor start and tell us your name and what office you hold, please. [no audio]
[Unknown]
Thank you.
[Unknown]
Okay, thanks. [no audio]
[Unknown]
Congratulations to all of you and thanks for doing what you are doing and you are our future. We appreciate you learning about the process and how policy is made. It is a great opportunity and I think you all will have a wonderful experience here in April. Look forward to seeing you back in April. Please join me in offering the models of the general assembly the warm welcome of the Senate. [applause] the Senator from Mecklenburg, Senator Ruff .
Frank Ruff
I rise for two introductions.
[Unknown]
The Senator has the floor.
Frank Ruff
We have a group of students from Dinwiddie elementary school joined by their teacher.
[Unknown]
Would members of the Dinwiddie elementary school please rise. Welcome. Are you all different grades or what grade? [no audio]
[Unknown]
3rd 4th and 5th. A great looking group of young scholars. Thanks forel bringing them to the capital today. As you all will see as you walk around there is a tremendous amount of history in Mr. Jefferson's capital. Enjoy your stay here and learn a lot. I would ask the members of the Senate to join me in offering members from Dinwiddie elementary school the warm welcome of the Senate. [applause]
[Unknown]
Senator Ruff ?
[Unknown]
Mr. President, our opening prayer was given by Dr. Reverend Dr. Frank Carr from the living word of christ fellowship church in Halifax. He is joined in the gallery by his wife madi and his four children, cassandra, xavier, kay len and brandon and if you notice he was wearing a patch, a veteran patch and I think he is joined by a couple of folks from military retirement groups. I ask you to give them a warm welcome.
[Unknown]
Would Reverend Carr and your family and I understand there is some american legion folks here. If you all would rise. Thank you forgetting us off to a good start with your wonderful prayer and message and we hope you come back soon. I would ask the members of the Senate to join me in giving Reverend Carr and his family the warm welcome of the Senate. [applause]
[Unknown]
The junior Senator from Loudoun Senator Wexton .
Jennifer Wexton
If the journal could reflect that my seat mate the is away from the capital today on pressing personal business.
[Unknown]
The jury will so reflect. The Senator from James. The Senator from Franklin County, Senator Stanley .
[Unknown]
Good afternoon, Mr. President. I rise for purposes of introduction.
[Unknown]
Good afternoon, sir. The Senator has the floor.
[Unknown]
Thank you very much. Mr. President, this introduction joining us in the gallery are representatives of the Virginia local hospitals and health systems which serve communities throughout the commonwealth. Local Virginia hospitals are members of the Virginia hospital and healthcare association as we know it to be the vhha. An alliance of 107 hospitals representing 30 member health systems across the commonwealth. Virginia's local hospitals and health systems are major economic engines for the commonwealth directly employing over 115,000 people in good paying jobs and generating $36 billion in positive economic activity. They support local businesses and provide for the public health of our commonwealth citizens. The members are working to make Virginia the healthiest state in our nation. They are visiting the capital today in support of healthcare policies benefiting all of Virginia. Mr. President, I would ask that you now extend to them the warm welcome of the Senate .
[Unknown]
Thank you, Senator. Would members of vhha please rise. What a great group you all have here today. Thank you all for being here. I see Senator Whipple, welcome back to Senate. We miss you and hope you are doing well. Thank you to all of you for doing what you do across the commonwealth to promote good health. That is what it is all about and what we are all here to hopefully help you with. Appreciate your advocacy and keep up the great work. I ask the members of the Senate to please join me in welcome the Virginia hospital and healthcare association members the warm welcome of the Senate. [applause]
[Unknown]
The Senator from James city county, Senator Norment .
Tommy Norment
Thank you very much, Mr. President. I rise for purposes of the introduction, sir.
[Unknown]
The Senator has the floor.
Tommy Norment
Ladies and gentlemen of the Senate I am confident that each of you are aware that the Newport News shipyard is the largest industrial employer in the commonwealth of Virginia with an employment force of over 220,000 individuals. For many years, they have been the premier wilder of shipyards -- excuse me of ships including some of our most complex ships which would include nuclear powered aircraft carriers and sub marines. We are very blessed that they are in fact headquartered in the commonwealth of Virginia and on behalf of Senator Miller and Senator Locke and Senator Lewis it is my request that you extend a warm welcome from the Senate of Virginia to two gentlemen here today who have been friends of mine for many, many years. First is Mr. Matt mulhern the president of Newport News ship building and a constituent of mine as well. President of the shipyard since 2011 and has worked at the shipyard since 1981 when he started there as a nuclear test engineer. I will further say that although he did not go to vmi but he is a proud graduate of Virginia tech. Accompanying matt today is bill Bell who is a vice president of human resources and administration and he is a constituent of Senator Lewis and Delegate James. I have known bill Bell since he began to practice law back in 1864. He is a graduate and alum us in of newport and Williams and mary law school and the Newport News ship building apprentice school where he was a marine designer. If you would be so kind to extend a very warm welcome to matt mulhern and bill Bell of the Newport News shipyard.
[Unknown]
Thank you, Senator. Would you please rise? Welcome to the gallery this afternoon. And just as the good Senator said, thank you for all that Newport News ship building does not only for the economy in the commonwealth of Virginia but also to keep our fighting forces as strong and the strongest in this world which is what we need if we move forward successfully during these dangerous times. It has been a pleasure to work with you all across the sweat. Commonwealth. I would ask the members of the Senate to join me in offering a warm welcome of the Senate. [applause]
[Unknown]
Sergeant at arms. Welcome Delegate. [no audio]
[Unknown]
The desk will receive the message. The junior Senator from Loudoun, Senator Wexton .
Jennifer Wexton
Thank you, Mr. President. I rise for purposes of an introduction.
[Unknown]
The Senator has the floor.
Jennifer Wexton
Joining us in the gal I have a group from the Adams center the all dulles area muslim society which has locations throughout northern Virginia. Adams has been very involved in the local community through interfaith advocacy and most recently opened a successful health can care clinic which provides free medical care to people throughout northern Virginia which sadly is something much, much needed in the area. If you would please join me in welcoming the Adams center delegation.
[Unknown]
Thank you, Senator. Would members from the Adams center please rise. Thank you for being here today and welcome to the gallery of the Senate and thanks for all you do up in your community and it is wonderful to hear you are promoting good health and seems like that is a common theme not only today but throughout the capital and throughout our we thank you for that and commonwealth. Appreciate you being here today. I would ask the members of the Senate to please join me in offering members from the Adams Senator the warm welcome of the Senate. [applause]
[Unknown]
Senator from Newport News, Senator Miller .
John Miller
Thank you, Mr. President. I rise for purposes of the introduction.
[Unknown]
That rs. Introduction.
John Miller
The Senator has the floor.
[Unknown]
Joining us are million hes from y street a youth led volunteer group here today to help promote Virginia healthy youth today. It promote healthy lifestyles for young people including increasing physical activity, eating nutritious food and not using tobacco products. I hope you will give them a warm welcome from the Senate .
[Unknown]
Will the members from the Virginia foundation for healthy use please rise. Welcome today. Sean, I know you are there. Stand up. Stand up and stretch a little bit. We want everybody to be healthy, right, promote good health. I used to be on this foundation before I took this job and what great work you all do and you have a lot to be proud of and I remember one statistic that I think is important. The incidence of cigarette smoking in high schools because of your work went from like 32% to 15%. And those were powerful numbers. And I know in addition to working with smoking cessation and not only cessation but encouraging folks never to put their first cigarette in their mouth also what you are working on is childhood obesity and that is serious leading to type 2 diabetes. Keep up the wonderful work and I appreciate you all being here today. I would ask members of the Senate to join me in offering members of Virginia foundation for healthy youth the warm welcome of the Senate. [applause]
[Unknown]
Resolutions, petitions and bills are now in order. The Senator from James city county, Senator Norment .
Tommy Norment
Is there any other business to come for the morning hour? Seeing none the clerk will please call the calendar.
[Unknown]
Senate calendar for Wednesday, January 20, 2016. Uncontested calendar Senate bills on second reading.
Tommy Norment
Senator from James city county, Senator Norment .
Tommy Norment
I would respectfully move that all of the Senate bills on the second reading on the uncontested calendar which would include all Senate bills only pages 1 and 2, Senate bill 27 through Senate bill 423 be advanced to engrossment and third reading in the block after the adoption of any amendments. If any Senator desires to remove a bill from that block do so after the clerk has read the number of the bill.
[Unknown]
Thank you, Senator. The request he is should all Senate bills on pages 1 through 2, Senate bill 27 through Senate bill 423 be engrossed and advanced to the third reading in the block after the adoption of the amendments thereto that any Senator desiring to remove a bill from the block to so after the clerk has read the number of the bill. All in favor aye. Those opposed no. Agreed to.
Tommy Norment
Reported to committee of courts of justice with a substitute.
[Unknown]
The Senator from Spotsylvania, Senator reed.
[Unknown]
The question is shall the substitute agreed to. Those in favor eye. Those opposed no. The substitute is agreed to Senate bill 205 reported for the committee for courts the of justice. Senate bill 423 reported to the committee for court the of justice. The question is shall the Senate bills ben grossed anded a transed to the third read. All in favor aqe. Those opposed no. The aye have it. The bills are incross and advanced to the third reading.
[Unknown]
Senate bill 11, a bill relating to sex offender and crimes against minors registry publication of ridge restaurants employer information reported for the commit yao he for courts the of justice with aamendments.
[Unknown]
The Senator from Fairfax County, Senator Howell .
Janet Howell
Without objection Senate bill 11 will go by for the day.
[Unknown]
A bill relating to Virginia tort claims act in the of claim electronic filing when notice filed with the department of transportation. Reporting from the committee for courts the of justice.
Janet Howell
The Senator from Roanoke city, Senator Edwards .
John Edwards
Mr. President, I move that the bill be engrass and advanced to the third reading.
[Unknown]
The question is shall the bill he engrossed and advanced to the third reading. The ayes have it.
John Edwards
Senate bill 241. Registered agent of dough mystic corporation reported from the committee for courts of justice with a subty tout.
[Unknown]
The no are from Fairfax city, Senator Petersen .
[Unknown]
Should the substitute be agreed to. The ayes have it,.
[Unknown]
The substitute is agreed to. The Senator from Fairfax city.
[Unknown]
I move it be engrossed and moved on to third reading.
[Unknown]
All in favor of the motion say aye. Those opposed no. The ayes have it. Advanced to third reading.
[Unknown]
Senate bill 424 a bill relating to the department of criminal justice services private security ridge restaurants photo identification reported with amendments.
[Unknown]
The Senator from Alexander, Senator Edwards .
John Edwards
All in favor -- Senator Ebbin .
[Unknown]
The amendments are agreed to. The Senator from Alexandria .
John Edwards
Should it be engrossed and advanced to third reading. Those opposed no. Ayes have it.
[Unknown]
Uncontested calendar that the bills on first reading.
[Unknown]
The Senator from James city county, Norment railroad.
[Unknown]
Senator Norment .
[Unknown]
Bills only pages-8 including Senate bill 24 through Senate bill 447 that the rules of the mat be suspended -- of the Senate be suspended and the first constitutional reading of the titles be disciplined with.
Bill Howell
The question is shall the rules be suspended and the first reading of the titles of Senate bills on the uncontested and regular calendars pages 4-8, Senate bill 24 through Senate bill 447 be dispensed with. The senators ready to vote? Have all of the senators voted? Do any senators desire to change their vote? The clerk will close the roll. Ayes 39. Nos 0.
[Unknown]
The reading of the titles is dispensed with.
[Unknown]
Uncontested --
[Unknown]
The Senator from James city county. Senator Norment .
Tommy Norment
I believe an appropriate motion would be that all of the bills be passed by for the day, sir.
[Unknown]
The question is shall the Senate bills on uncontested and regular calendars now in favor of the reading go by for the day. The ayes have it. The bills will go by for the day.
Tommy Norment
Uncontested calendar. Senate resolution 29 nominating a person to be elected as a member of the state corporation commission. Commission.
[Unknown]
Senator Wagner .
[Unknown]
I move it be engrassed and advanced to the third reading.
[Unknown]
The question is shall the bebe engrossed and advanced to the third reading. The ayes have it. The Senator from James city county, Senator Norment .
Tommy Norment
Inquire of the clerk Mr. President, does that complete today's calendar?
[Unknown]
Yes, sir.
Tommy Norment
Is there any other business to come before the Senate ?
[Unknown]
The clerk will please report any announcements on the desk.
[Unknown]
Today, Wednesday, January 20, the committee for courts of justice will meet 15 minutes after adjournment in Senate room about. The committee on transportation 45 minutes after adjournment in Senate room a. The finance subcommittee on transportation 4:00 p.M., 10th floor conference room, Wagner, Saslaw, Newman, Barker and Dunnavant. The rule of caucus will meet at 5:00 p.M. In the third floor east conference room. Tomorrow, Thursday, January 21 the committee on education and health meet at 8:00 a.M. Senate room b. The Hampton roads caucus meet at 8:00 a.M. In the sixth floor speakers conference republican. The republican caucus in Senate room 2 and the democratic caucus at 11:00 a.M. In Senate room 1.
[Unknown]
Thank you, madam clerk. Senator Norment .
[Unknown]
I rise for two purposes. One for announcement and one for point of personal privilege.
[Unknown]
The Senator has the floor.
[Unknown]
The clerk did just announce about the Senate committee on courts the of justice. I am absolutely confident that Senator Obenshain would be thrilled if everyone do the there in a timely manner. A rather ambitious docket early on in the session. On a point of personal privilege, Mr. President.
[Unknown]
The Senator has the floor.
[Unknown]
My education on 21st century technology and communications is continuing to evolve. As I mentioned yesterday I just recently learned what googling was on the internet and yesterday I learned more about the 21st century it. I inquired of the clerk about being able to communicate matters electronically as opposed to paper form and I will continue to encourage you to join me in bringing your ipads to the body particularly as we get closer towards crossover where there can be supplemental we can really expedite the calendars. Business if we use the ipads and electronically receive the supplemental cal len dears and the bills as opposed to waiting while the Senate staff patiently copies everything and lord knows if I can learn how to cut this thing on I think that the rest of the body can do that. Very confusing to me and yesterday I even got more confused because I learned that there is something out there called social media. And I always thought I knew what a twit was. I just didn't know what a twitter was. And I did learn that yesterday and I 'm more confused than I ever was. And I rise for purposes of extending my apology to the senior Senator from Henrico. He and I had a colloquy going back and forth about responsibility on a particular issue. And it was perplexing to me at the moment how in the world this came about. And blessedly one of my many friends on the other side of the aisle came and showed me a twit or tweeter or tweety, whatever it is that had been September out from one of the representatives of the media and I was equally confused and after discussing with that individual it turned out we were two ships literally passing in the night. A question was asked of me about suspending rules and I was commenting about the bill that the senior Senator from Virginia beach just took on its second reading that representative of the media somehow was equally as confused as I was and thought it was on another issue which represented in the tweet. And consequently that was the reason for my retort as I was not aware of that. And as some of you know that always my bark is much worse than my bite. There are rare occasions where my bite is worse than the bark but I apologize to the Senator but it was out of confusion and I will continue to learn about the social media, I just hope not in that fashion.
[Unknown]
Thank you, Senator. The senior Senator from Henrico, Senator McEachin .
Don McEachin
Point of personal privilege, Mr. President.
[Unknown]
The Senator has the floor.
Don McEachin
I am touched and appreciative of the Senator from James city county's words. Social media is confusing. I'm not quite sure how the representative from the media managed to get the two concepts mixed up as the Senator from James city county has said. But as I also said to the Senator from James city county we are advocates for our two sides, we are lawyers by training, we fuss, we fight and then we two share a coca-cola or sarsaparilla depending on the moods afterwards. It is important to know that while we fight with each other on the floor we are friends and colleagues off the floor.
[Unknown]
Thank you, Senator. The Senator from Lynchburg .
[Unknown]
I move that the Senate .
[Unknown]
The request he is should the Senate stand adjourned until 12:00 noon tomorrow. The ayes have it,.
[Unknown]
The Senate stands adjourned until 12:00 noon tomorrow. [Senate adjourned] [Senate adjourned]