01/28/2016 Senate Proceedings

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Minutes

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

Prayer offered by The Reverend Gerry Creedon, Holy Family Catholic
Church, Dale City, Virginia

ROLL CALL OF MEMBERS: quorum present

Motion of Senator Deeds dispensed with reading of Journal (35-Y 4-N
1-A)

COMMUNICATION FROM HOUSE (HN20127): reading waived (34?Y 6?N)

The House of Delegates has passed the following House bill: HB 1220

COMMUNICATION FROM HOUSE (HN30127): reading waived (34?Y 6?N)

The House of Delegates has passed the following House bills: HB 2,
16, 18, 34, 41, 52, 131, 202, 213, 239, 245, 259, 307, 310, 311, 312, 313, 314,
324, 329, 393, 435, 477, 498, 504, 507, 527, 528, 564, 566, 568, 580, 583, 646,
657, 747, 1063

House bills referred: see January 29 Senate Calendar

BILLS REPORTED

From Courts of Justice: SB 40A, 81S rereferred to Finance, 86S
rereferred to Finance, 90A, 111, 127, 133A, 135 rereferred to Finance, 181,
285A, 300S rereferred to Finance, 323A, 342S, 357S rereferred to Finance, 409S
rereferred to Finance, 419S rereferred to Finance, 507A, 606 rereferred to
Finance, 610S, 654S rereferred to Finance, 655 rereferred to Finance, 677
rereferred to Finance, 713 rereferred to Finance, 715A rereferred to Finance,
755S rereferred to Finance

From Transportation: SB 117S, 413, 465A, 515S, 555S, 658, 666S, 693
reported from Finance

On motion of Senator Norment, the Senate recessed at 12:27 p.m. to
reconvene at 1:23 p.m.

The Senate reconvened at 1:23 p.m.

SJ 130 - Rules suspended, taken up for immediate consideration (38?Y
0?N), Agreed to by Senate (voice vote)

CALENDAR

REGULAR CALENDAR

SENATE BILLS ON THIRD READING

SB 43 - Engrossment reconsidered by Senate (38-Y 2-N), Petersen
floor amendment rejected (voice vote), Engrossed by Senate (voice vote), Rules
suspended, third constitutional reading dispensed (40-Y 0-N), Passed Senate
(30-Y 10-N)

SB 446 - Passed by for day

SB 21 - Motion to rerefer to Finance agreed to (voice vote)

SB 23 - Read third time and passed Senate (29-Y 11-N),
Reconsideration of passage agreed to by Senate (39-Y 0-N), Passed Senate (26-Y
14-N)

SB 48 - Passed by for day

SB 211 - Read third time and passed Senate (22-Y 17-N)

UNCONTESTED CALENDAR

HOUSE BILL ON SECOND READING

HB 402 - Read first time

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]
[ gavel banging ] >>> The Senate will come to order. The senators will please take their seats. Those persons not entitled to the privileges of the floor will kindly retire to the gallery. The senators and all in attendance will please stand and be led in prayer by the Reverend gerry creedon, holy family catholic church, dale city. Reverend creedon, thank you.
[Unknown]
Let's us bow our heads for a moment. God of all people, send us a spirit of unity and mutual in a time when our soesh is divided by political -- society is divided by political differences, polarized public discourse, bring us back, lord, to the ways of civility. Help us, again, to be Virginia 's regard. Gentlewomen and Virginia gentlemen, for the believer, pope francis said, dialogue is not secondary, but an indispensable expression of faith. Dialogue is a school of humanity, builder of unity, helps to create a society founded on tolerance and mutual respect. Through honest conversation and diplomacy, May we find the path to a common purpose and a higher ground. May the aisles between us present no barriers to the work we can only accomplish when we do this work together. In this shared space, May we find our common wheels and a more perfect union. Peace be upon us. Amen. [ no audio ]
Bill Howell
The clerk will call the roll. All those present will please vote aye. The clerk will close the roll.
[Unknown]
Clerk: you have a quorum, Mr. President. Senate journal for Wednesday, January 27th, 2016.
[Unknown]
The Senator from Bath County, Senator Deeds .
Creigh Deeds
Move that the reading of the journal be waived. All in favor of waiving the reading of the journal will record their votes aye, 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.
[Unknown]
Ayes 35, nos 4, rule 36-1.
Creigh Deeds
Ayes 35, nos 4, rule 36-1. The reading of the journal is waived. The clerk will report any communications from the House of delegates. The Senator from James city
[Unknown]
Thank you, Mr. President. County, Senator Norment. I respectfully move that we waive any communications received from the House of daegts.
Bill Howell
Thank you, Senator. The question is shall the reading of the communication be waived. All in favor of waiving the reading of the communication from the House will record their votes aye, no 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.
[Unknown]
Ayes 34, nos 6.
[Unknown]
Ayes 34, nos 6. The reading of the journal -- communication is waived. The clerk will report any communications from the governor.
[Unknown]
Clerk: we do not have any, sir. Recognize visitors to the
[Unknown]
The time has arrived to gallery and take up other matters for the morning hour. The Senator from Hanover, Senator McDougle .
Ryan McDougle
Mr. President, today in the gallery we have one of our interns, clark louis jr. Clark is at the college of randolph macon in ashland and he is spending his term internship with us. I think he's been convinced to continue in his academic studies in political science and is looking at law school after to make sure he keeps everybody in the medical field straight. Mr. President, if you could offer him the warm welcome of the Senate and thanks from my office for a job well done.
[Unknown]
Thank you, Senator. Would clark please rise if you're in the audience. Clark, welcome and thanks for helping the good Senator and I hope things continue to go well for you in ashland and keep up the good work here helping the Senator. I would ask the members of the Senate to please join me in offering clark the warm welcome of the Senate. [ applause ] the junior Senator from Virginia beach, Senator DeSteph .
Bill DeSteph
Mr. President, I rise for a few introductions.
[Unknown]
The Senator has the floor.
Bill DeSteph
In the gallery today, Mr. President, we have the travel and tourism group which as major economic engine here in Virginia as well as very important to Virginia beach.
[Unknown]
Thank you, Senator. For webs from the travel and -- members from the travel and tourism industry please rise. You all come in great numbers today. Thanks for being with us and also as the Senator said, thanks for what you all do for our economy as we try to diversify and move forward, so we appreciate all your efforts. I hope you have a wonderful stay here in Mr. Jefferson's capitol. I'd ask the members of the Senate to please join me in offering members from the travel and tourism industry the warm welcome of the Senate. [ applause ] the junior Senator from Virginia beach, Senator DeSteph .
Bill DeSteph
Mr. President, for our second introduction, we have the Virginia restaurant, lodging, travel association here as well, joining us, and again, a very important association to tell us about the importance of any financial impacts our restaurants, our lodging, and the travel in the state of Virginia as well as Virginia beach.
[Unknown]
Thank you, Senator. Would members from the restaurant, travel, and lodging industry please rise. Oh, hey, that's no fair, getting two introductions. Wearing two hats here, you pulled a fast one on me. I appreciate again, as the Senator said, all you all are doing to bring in guests to Virginia and allowing them to enjoy what we have here in the commonwealth. I'd ask the members of the Senate to please join me in offering the restaurant, travel and lodging industry the warm welcome of the Senate. [ applause ] the senior Senator from Henrico, Senator mcak chin.
[Unknown]
I rise for an introduction.
[Unknown]
The Senator has the floor.
[Unknown]
Today we have a group of folks from the humane society visiting with us today. They're here at the capitol to express their views and to encourage us to support the animals and that the good lord gave us. I ask you give them the warm welcome of the Senate .
[Unknown]
Thank you, Senator. Would members from the humane society please rise in you're in the gallery. [ applause ]
[Unknown]
Thank you all for being here. As you can probably imagine, we have many cat lovers amongst us here in the Senate and the staff as well, so we appreciate all you do looking out for our loved ones. I'd ask the members of the Senate to please join me in offering members from the humane society the warm welcome of the Senate. [ applause ] the senior Senator from Fairfax, Senator Saslaw .
Dick Saslaw
Mr. President, members of the Senate, call your attention to the gallery to father gerry creedon from northern Virginia, Prince William County, and he's the pastor at the holy family catholic church in Prince William where Senator McPike was baptized there. He has been involved in virtually all the major social causes in northern Virginia and not just there. His work extends to the dominican republic. He was there when they had that earthquake. He's executive director of the catholic charities of the Arlington die is a sees. He's a board member of an interfaith group called salt, social action linking together, in northern Virginia and he's just been a major contributor to making our community and our state a lot better place to live. I would ask that you extend the welcome on behalf of the Senate. You know, he's been in Virginia for 47 years and wherever he's gone, he's just made that part of our community a lot better place to live in.
[Unknown]
Thank you, Senator. Would Reverend creedon please rise. [ applause ]
Dick Saslaw
Thank you so much -- for the now comers, if you can let me recognize folks, and then we can all applaud together. I appreciate your enthusiasm this afternoon. Reverend creedon, thank you so much. It's always great to see you here and as the Senator from Fairfax, the wonderful work you're doing up in northern Virginia, thes lives that you're touching, we all appreciate that. Thank you so much for all you're doing. I'd ask the members of the Senate to please join me in offering Reverend gerry creedon the warm welcome of the Senate. [ applause ] the senior Senator from Fairfax, Senator Saslaw .
Dick Saslaw
Mr. President, I also should have mentioned, he's accompanied here today by jeff caruso, the director of the Virginia catholic conference and I would ask that you also extend that same welcome and courtesies to him.
[Unknown]
Is jeff here at this point?
Dick Saslaw
It's not up there, okay. And one final introduction. Two of the interns who are in my office are sitting in the gallery today, emily Herring and jacob shiman and I would ask that you welcome there here today. They're sitting up in the front row.
[Unknown]
Thank you, Senator. Would emily and jacob please rise. Welcome this afternoon and thanks for all you do to help the good Senator. He's like a walking history book, so there's a lot to be learned from the Senator from fair tax. I appreciate you being here and helping him out. I would ask the members of the Senate to please join me in offering emily and jacob the warm welcome of the Senate. [ applause ] the Senator from Chesterfield, Senator Chase .
Amanda Chase
Mr. President, I rise for the purpose of an introduction.
[Unknown]
The Senator has the floor.
Amanda Chase
Mr. President, today is home educators annual association of Virginia 's annual day at the capitol and I would like to recognize yvonne bonn in the gallery today. She's one of my heroes, one of the founding members of this organization. According to the Virginia department of education, more than 38,000 students are now being home-schooled in Virginia. These children come from diverse backgrounds and socioeconomic levels and, in fact, I have first-hand experience with home-schooling as I 've been privileged to home-school my own children for nine years. I'm not currently, but I 've done it for nine years, I have the scars to prove it. Mr. President, I ask that you join me in extending the warm welcome of the Senate to the home educators association of Virginia and the homeschoolers and parents in the gler today.
[Unknown]
Thank you, Senator. Would members from the Virginia home educators please rise. Thank you for joining us this afternoon and seeing the Senate in action, and, you know, we're blessed in the commonwealth to have a diversity of educational opportunities and options. So thanks for providing those for us and making sure that our children grow up and be productive members of society and successful. So thank you all for being here today. I'd ask the members of the Senate to please join me in offering the Virginia home educators the warm welcome of the Senate. [ applause ] the Senator from Portsmouth, Senator Lucas .
Louise Lucas
Thank you, Mr. President. Mr. President, krueger hydroelectric producing renewal energy in Virginia. Joining us in the gallery to represent that kind of renewable energy from montreal, canada, is James gene monjeuix and kyle cody. I would appreciate if you would extend to them the willoughby of the Senate .
[Unknown]
Would members from the hydroelectric facility fleece rise. Thanks for being here and doing the wonderful work, looking for alternative forms of energy in the commonwealth. Thank you for visiting this afternoon. I would ask the members of the Senate to please join me in offering members from the hydroelectric facilities the warm welcome of the Senate. [ applause ] the Senator from Fairfax city, Senator Petersen .
Chap Petersen
Thank you, Mr. President. I rise for an introduction.
[Unknown]
The Senator has the floor.
Chap Petersen
Mr. President, ladies and gentlemen of the Senate, two of my favorite words are leadership and Fairfax and we have a group here today from leadership Fairfax. Leadership Fairfax is an organization that takes people in our community and trains them to be community leaders, causes them to learn about local government, state government, all types of judicial system, everything else that makes us a great democracy we are in the commonwealth and they have a group here today with their program manager david beene and so if they could be recognized, I 'd much appreciate it.
[Unknown]
Thank you, Senator. Would members from leadership Fairfax please rise. It's great to have you all here this afternoon and I know you all have had a lot of inclement weather, so we appreciate you making it through all that and down here to visit, again, as the good Senator said, doing all the good things you do up in Fairfax. We appreciate it. I'd ask the members of the Senate to please join me in offering leadership Fairfax members the warm welcome of the Senate. [ applause ] Senator from Norfolk, Senator Alexander .
Kenneth Alexander
Thank you, Mr. President. I rise for an introduction.
[Unknown]
The Senator has the floor.
Kenneth Alexander
Thank you, Mr. President. In the gallery are members from the Virginia commission of the arts, advocating for their arts bill communities campaign. Virginia's home to thousands of arts-related businesses, including museums, galleries, performing arts organizations, theaters, film, radio and tv, videography, photograph, art schools, graphic arts and design companies. Please give them the warm welcome of the Senate .
[Unknown]
I will. Thank you, Senator. Would members from the Virginia commission for the arts please rise. Thank you, all, so much for being with us and thanks for all you do and as we talk about education, the arts are such an important part of that education and as we like to refer to now, we like to include that "a" in the word stem. I'd ask the members of the Senate to please join me in offering folks from the Virginia commission for the arts the warm welcome of the Senate. [ applause ] the Senator from Petersburg, Senator Dance .
Roz Dance
Thank you, Mr. President. I rise for the purpose of an introduction.
[Unknown]
The Senator has the floor.
Roz Dance
Thank you, Mr. President. In the gallery today, we have members of the american college of nurse midwives on their legislative day at the general assembly. Certified nurse midwives are advanced practice, registered nurses and are licensed as nurse practitioners in Virginia and there are about 260 certified nurse midwives across the commonwealth. Midwivy practice compromises the management of women's healthcare, focusing on common primary care issues, family planning including pregnancy and birth, and serving women throughout their life span. Mr. President, I would ask that you give the members of the american college of nurse midwives the warm welcome of the Senate .
[Unknown]
I will. Thank you, Senator. Would members from the nursing midwives please rise. Thank you all so much for being here this afternoon. I have personal experience, our second child was delivered by a midwife and you all do wonderful work. I can attest to that, so thanks for all that you do in making our moms and babies and families healthy throughout the commonwealth. I would ask the members of the Senate to please join me in offering the nursing mid wiefrs the warm welcome of the Senate. [ applause ] the Senator from Stafford, Senator Stuart .
Richard Stuart
Thank you, Mr. President. I rise for an introduction.
[Unknown]
The Senator has the floor.
Richard Stuart
Mr. President, we're joined today and we've been joined in the capitol today by folks from the Virginia horse council, and I think all of you all know these are the -- this is a not-for-profit organization and they're made up of horse women and horse men. I guess horse people who represent the equine industry, which is made up of author ro brd raising, fox hunting, jumping, trail riding. They do a great job at educating us with regard to the issues of horses and they work very, very hard. They also bring those really good little cookies around to our offices that -- [ laughter ] I don't think that's an ethical conflict, Mr. President. At any rate, with us in the gallery, Mr. President, we've got the president of the association, ann walker, board members sally onjier, betty brand, david and sally lamb, national paschal and david lamb. If you need to know anything about a horse, ask david or sally lamb and they can tell you. Mr. President, I 'd ask you give them the warm welcome of the Senate .
[Unknown]
Thank you, Senator. Would members of the Virginia horse council please rise. Thank you for being with us this afternoon and thanks for all the things you do for folks across the commonwealth that are interested in horseback riding and also for the tourist industry. It's all a big part of moving Virginia forward, so thanks for your efforts. I'd ask the members of the Senate to please join me in offering members from the Virginia horse council the warm welcome of the Senate. [ applause ] Senator from eastern Fairfax County, Senator Surovell .
Scott Surovell
Thank you, Mr. President. I rise for an introduction.
[Unknown]
The Senator has the floor.
Scott Surovell
Thank you, Mr. President. Ladies and gentlemen of the Senate, joining us in the gallery today is the Virginia coalition of lat teen no organizations, a few of their members. The Virginia coalition of latino are the coalition of nonprofit organizations that support the lat teen no and hispanic immigrant communities in Virginia. Since it was founded in the commonwealth, they teamwork to empower the community, seek equal opportunity, provide leadership for educational programs in northern Virginia. They're here today in the building advocating for improved driver's license policies, expansion of naked and our policies that -- medicaid and other policies that will improve their community. Their mission is to serve as a working alliance in northern Virginia that supports the interests the latino community and to empower them. I hope the Senate will grant them a warm Senate welcome.
[Unknown]
Thank you, Senator. Would members of the northern Virginia latino organization please rise. Thank you for being with us today and just as the Senator from Fairfax County said, thank you for all your advocacy work for the latino population across the commonwealth of Virginia and thanks for being with us this afternoon. I would ask the members of the Senate to please join me in offering the Virginia coalition of latino organizations the warm welcome of the Senate. [ applause ] the Senator from James city county, Senator Norment .
Tommy Norment
Thank you, Mr. President. I would now ask that the Senate stand in recess until 1:00. When we return, we will be taking up Senate joint resolution number 130 that is on your desk, and I believe the co-patron sheet is being passed around and I would encourage everyone to consider signing on to that in recognition of the public service of a great leader in Virginia and my dear friend, paul d. Fraim. Immediately upon recess, I would encourage all members of the Senate republican caucus to retire to the normal prayer meeting room and I would yield to the Senator from Norfolk -- I would yield to someone, the Senator from Hampton, for purposes of an announcement.
[Unknown]
Thank you, Senator. The Senator from Hampton, Senator Locke .
Mamie Locke
Thank you, Mr. President. Upon recess, I would ask that the members of the Virginia legislative Black caucus meet in House room three. No, House room two.
[Unknown]
Thank you, Senator. The Senate will stand in recess until 1:00. [ gavel banging ]
Mamie Locke
The sandy will come to order.
[Unknown]
Mr. President, I flofr the hools be suspended and sjr 130 be taken up for immediate consideration.
Bill Howell
Thank you, Senator. The question is shall the rules be suspended and sjr 130 be taken up for 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.
[Unknown]
Ayes 38, nos 0.
[Unknown]
Ayes 38, nos 0. The rules are suspended to take up the resolution for immediate consideration. The clerk will please read the title of the resolution.
[Unknown]
Senate joint resolution number 130 commending paul d. Fraim.
[Unknown]
Senator from Accomack, Senator Lewis .
Lynwood Lewis
Mr. President, I move that the resolution be agreed to.
[Unknown]
The question is shall the resolution be agreed to. All in favor will say aye. Those opposed, no. The ayes have it. The resolution is agreed to. Is there any other business -- the Senator from James city county, Senator Norment .
Tommy Norment
Thank you, Mr. President. I rise for purposes of an introduction if a group is still in the glaer. Several groups have previously been recognized today in the gallery. There's a group of home-schoolers that are here from Gloucester County today and I would appreciate it if you would extend a very warm welcome if they are still in the gallery, please, Mr. President.
[Unknown]
Wot folks from Gloucester with the homeschooling please rise. Ann whitestone. Would all that are here with homeschooling rise today. Great. Thank you all for being here with us today. We had some folks in here earlier and we talked about the options and -- that we have and the diversity in education in the commonwealth, so we appreciate you being here advocating today and it's good to see a familiar face. Thanks for being here. I'd ask the members of the Senate to please join me in offering the members from the homeschooling association the warm welcome of the Senate. [ applause ] the clerk will please call the calendar.
Tommy Norment
Clerk: Senate calendar for Thursday, January 28th, 2016. Regular calendar, Senate bills on third reading. Senate bill 43, a bill relating to time of municipal elections. And it's one floor amendment.
[Unknown]
The Senator from Fairfax city, Senator Petersen .
Chap Petersen
Thank you, Mr. President. Rise to speak not floor amendment.
[Unknown]
If we could waive the reading first.
Chap Petersen
Actually, Mr. President, I move rereconsider the bill by which the bill was grossed and advanced to third reading yes,
Bill Howell
Thank you, Senator. Sir. The question is shall the vote by which Senate bill 43 was engrossed and advanced to third reading. Be considered. All in favor of the motion record 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.
[Unknown]
Ayes 38, nos 0.
[Unknown]
Ayes 38, nos two. The motion carries.
[Unknown]
The Senator from Fairfax city, Senator feernt.
[Unknown]
Thank you, Mr. President. I move we waive the reading of the floor amendment.
[Unknown]
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 Fairfax city.
[Unknown]
I move we adopt the floor amendments. Speak to the motion.
[Unknown]
The Senator has the floor.
[Unknown]
Ladies and gentlemen of the Senate, this is -- and I will say right off the bat, not everyone is going to agree with me and I think a lot of people disagree with me, so listen closely to what I have to say. What the gentleman from Grayson said yesterday was he if utz in a bill by request from the town of damascus that clarifies what the existing law is in in terms of moving elections from May to November. Keep in mind that's just anyway to November. This is not November to May. Whereby -- first of all, there's already a referendum where if the voters choose by referendum to go from May to November in a local election, they can do so. This has to do with a governing body can do so even if the charter says that the election has to be in May. I have a problem with that the way it -- both the law and the way that the Senator 's bill would have essentially confirmed that foil. I know we're going to talk about this a little bit. But the bottom line is this. I represent two jurisdictions, town of vienna and city of Fairfax, each one has municipal elections in May, and they May be dinosaurs in this day and gej where everybody is moving that you are elections to November and I know people are trying to push that. Let me give you a little bit of background about why we have May elections. Northern Virginia jurisdictions historically feature candidates that are federal employees and because they are federal employees and subject to the hatch act, oftentimes they run and choose to run as independents, they can't be affiliated with a political party and they cannot choose a nomination by a political party. There are different ways of finessing this. In school board elections, you will see people endorsed by a political pare, but not necessarily nominated by that party. I'm not speaking to that. I'm talking about actually nonpartisan elections which take place in cities and towns in northern Virginia and I represent two of those. My biggest fear is if you allow on governing body without coming to a general assembly and without a referendum to simply unilaterally move from May to November, you're going to take a nonpartisan contest in May and make it a partisan contest in November. I will anticipate the objection, which I 'm sure my friend, one of my friends will have, which is November elections have a hive turnout so -- higher turnout, so it mop democratic and I will say, there's something to that and that's something that the vorts of that jurisdiction can take up and decide, frankly, it's a debate we can have here, but my biggest concern is if you have a local governing body which knows that while they May be unpopular in an electorate that's could out in the spring, if they can move it to the fall, those issues are going to get swept up in a partisan race, maybe presidential, maybe governor's, where a party designation is 95% of winning and they don't have to worry about the rest. Our culture is we keep our elections independent and my freight fear is if we -- great fear is if we keep the law or change it as it is without adopting my amendment, that culture, unfortunately, would be doomed at some point to go away. That is the floor amendment I offer. It is a substantive law change. I'm not asking everyone to agree with me. You know, this is not one that's going to be happy with all the party bosses, but the bottom line is I think it will give us a better quality of representation and therefore I ask you to adopt the floor amendment.
[Unknown]
Thank you, Senator. The Senator from Augusta, Senator Hanger .
Emmett Hanger
Thank you, Mr. President. I'd like to speak to the amendment.
[Unknown]
The Senator has the floor.
Emmett Hanger
Thank you, Mr. President. Members of the Senate, I would like to share my views in opposition to the floor amendment. I was asked earlier this morning if I would be willing to speak on this proposed amendment by a member of the Virginia municipal league and to share a little bit of the history of how this statute came about in the year 2000. Well, they were saying, well, you were one of the people that were around then and it appeared that I 'm now becoming one of the ones who's will be hanging around here for some time. In fact, I think there are maybe six or seven of us that were here in 2000. But moving on back to 1996, Mr. President, when I first arrived here, the history of this particular initiative, at that time, I felt I was young and dapper -- well, young maybe, never dapper, but young anyway at that time in my 40s. But I carried a bill for the town of bridgewater which changed the municipal elections from May to November. And I thought I had really accomplished something because as I recall, I believe it was the first town that had ever been able to have a change of that sort, to move from May to November. Well, I turns out it wasn't my power of persuasion, it was actually the absence of a very notable floor leader from Hampton who had departed in the election of 1995 and who was no longer here to oppose that initiative. So when others discovered there was no longer a roadblock, there came forward numerous initiatives for good reason to change that timing of those elections from May to November. So along came the year 2000 and someone decided, well, it just like when you get to a tipping point with grass cutting, like Alexandria started that initiative, you know, and I always enjoyed on local government being able to vote against bills that required their citizens to cut their grass. But we came to a point where everybody was doing it and so a bill that was universal, you know, for everybody, you can have an ordinance to require your citizens to cut their grass, and in 2000, a bill was passed that we're addressing right now, which the Senator has brought to us with a clarification, which that's really what it says, and many localities have relied on that particular bill to come through by local action with their ordinances to move their elections from May to November and they did not have to change their charter. That's what the bill did. So with this amendment, whether you agree or disagree with moving elections from May to November, I would say to you that the representatives of those local governments made a decision by ordinance to -- under the auspices of this particular statute, and moved them and if we adopt this amendment, we're going to undo that for numerous localities around the state, so I would ask you to oppose the floor amendment.
[Unknown]
Thank you, Senator. The Senator from Alexandria, Senator Ebbin .
Adam Ebbin
Thank you, Mr. President. Just to speak to the amendment.
[Unknown]
The Senator has the floor.
Adam Ebbin
And this is not circumstance. I was going to ask the Senator from fair stax city a few questions similar to what the Senator from Augusta was explaining, and based on their explanations, I don't know how I 'm voting yet. Alexandria city changed its elections from spring to fall in 2012 and that was done without referendum and under the current power I read, 24.2-222, that they currently have and the Senator 's amendment practice Fairfax city -- from Fairfax city takes away that power. I don't know why -- if that's his intent, to take us step two steps back, but we're staying away from cities and towns that already have that ability to set the date of the election, to move them. I don't know if that's his maybe I can ask if he'd rise for intent. A question.
[Unknown]
Would the Senator from Fairfax city yield for a question?
[Unknown]
I'll yield.
[Unknown]
He yields, Senator .
[Unknown]
I would ask the Senator if his intention to take the current code, not the bill, but the current code and take away provisions that were already in there.
[Unknown]
The Senator from Fairfax city.
[Unknown]
I would ask -- tell the gentleman, I think there's a retroactivity situation where if someone has already relied on the previous law, that they're entitled -- I mean, those election results will be valid, of course. My position is basically to prevent localities from doing this unilaterally and I understand that some have and maybe -- I 'm just trying to save the last of the holdouts.
[Unknown]
Senator from Alexandria .
[Unknown]
Thank you, Mr. President.
[Unknown]
Thank you, Senator. The Senator from Grayson, Senator Carrico .
Bill Carrico
Thank you, Mr. President. Speak to the amendment.
[Unknown]
The Senator has the floor.
Bill Carrico
I respect the gentleman from Fairfax. He and I were elected to the House the same time. We've ventured over to the Senate and there was an old saying in the House that says get your own bill. And hence this bill came to me at a request of my locality just to be clarifying in language that they can operate this way, and I hope that the body would understand that I brought this by request, hence the words in parentheses, and just asking for clarification to an existing code that's been there since 2000 and as the Senator from Fairfax -- if the Senator from Fairfax would like to do something, that he get his own bill. Thank you.
[Unknown]
Thank you. The Senator from Fauquier, Senator Vogel .
Jill Holtzman Vogel
Thank you, Mr. President. Speaking to the amendment.
[Unknown]
The Senator has the floor.
Jill Holtzman Vogel
There bill came before our committee and I did a little research on the bill and it was my understanding, echoing the sentiments of the Senator from Augusta, that this was merely declare fieg and that -- clarifying and it's really just a public policy matter or a question of policy and it's a difference in the view of the Senator from Fairfax versus the policy that I believe this body has already adopted, and that is that this is something that we did not wish localities to have to come to us year in and year out and ask. I respect the Senator who is the current chair of local government, he said we take this position, that his docket would be cut in half. So we have some that are in fact lobbying to retain that docket, but I would argue that as a policy matter, this is perhaps something that they should not have to come to this body and request. I support the fact that this bill that is simply declaratory in nature is a fair bill and I will encourage the body to vote against the amendment.
[Unknown]
Thank you, Senator. The question is shall the floor amendment be agreed to. All in favor of the motion will say aye. [ ayes expressed ]
[Unknown]
Those opposed, no. The knows have it. The floor amendment is not agreed to. The Senator from Grayson, Senator Carrico .
Bill Carrico
Thank you, Mr. President. I hope it would be the pleasure of the House to engross --
[Unknown]
No, no!
Bill Carrico
Well, I hope they pass it, too, Mr. President. I hope it would be the pleasure of the Senate to engross the bill and pass it on to its third reading.
Bill Howell
Thank you, Senator. The question is shall the bill be engrossed and advanced to third reading. All in favor of the motion will say aye. Those opposed, no. [ ayes expressed ]
[Unknown]
The ayes have it. The bill is engrossed and advanced to third reading. The Senator from Grayson .
[Unknown]
I suspend with the third constitutional reading and ask that we pass the bill.
Bill Howell
Thank you. We're going to take it one step at a time, thank you, though. The question is shall the rules be suspended and the third constitutional reading be dispensed with. 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.
[Unknown]
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The motion passes. The Senator from Grayson .
[Unknown]
Thank you, Mr. President. I hope it would be the pleasure of the Senate to pass the bill. Thank you.
Bill Howell
Thank you, Senator. The question is shall Senate bill 43 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.
[Unknown]
Ayes 30, nos 10.
[Unknown]
Ayes 30, nos 10. The bill passes.
[Unknown]
Clerk: Senate bill 446, a bill to provide for the submission to the voters of a proposed amendment to the constitution of Virginia adding to article one a section numbered 11-a relating to the right to work.
[Unknown]
Senator from Rockingham, Senator Obenshain .
Mark Obenshain
Mr. President, recognizing that it's Thursday and that we might want to load up for Friday, I 'd move that we pass this bill bye for the day.
Bill Howell
Thank you, Senator. Without objection, Senate bill 446 will go by for the day.
Mark Obenshain
Clerk: Senate bill 21, a bill to require the department of environmental quality to receive approval from the general assembly for state plan to regulate carbon dioxide emissions from existing stationary sources prior to submitting the state plan to the u.S. Environmental protection agency for approval.
[Unknown]
The Senator from Russell, Senator Chafin .
Ben Chafin
I move passage of the bill and speaking to the bill.
[Unknown]
The Senator has the floor.
Ben Chafin
Thank you. Senate bill 21 represents our very best chance as a representative of the people, the people that elected us, to review the energy policies for this commonwealth. It represents the chance for us to be accountable, it represents the chance for us to be responsible and it represents the chance for us to avoid rubber-stamping the bureaucratic actions of bureaucrats in Washington, d.C., and Richmond, Virginia. Now, we as senators in this chamber, we develop this state implementation plan and with as much public involvement as I can't think of anything more possible. Important or more critical than having the public involved in what our energy costs and what our energy future is over the next few years. I can tell you that otherwise, the epa has prepared a plan and there's going to be a lot of pain involved to this commonwealth. Your constituents are going to pay higher bills, and we're going to create a train wreck in this commonwealth. That's what it's going to be. This bill would ensure that the commonwealth is on the right track, not in that train wreck, but on the right track in developing the plan by requiring the deq to create a plan in consultation with state corporation commission as listen to the things that they have to consider that are in the plan. They've got -- the deq has to consider any disproportionate effects of electricity and other energy prices -- Price increases on middle and lower income families. The deq has got to consider direct and in direct employment effects and jobs lost in the affected sectors. The deq has to consider the impacts on economic development, including manufacturing, commercial, and other sectors of the commonwealth's economy. And the deq has got to consider the overall competitive position of the commonwealth relative to our neighboring states. As I said, absent deq's involvement and absent our involvement as being the final determiner of this plan, we'll simply receive a rubber stamp from the epa and those bureaucrats that I mentioned earlier. I often hear the administration talk about the unemployment rate in the commonwealth and boast about the unemployment rate and I know a lot of you are proud of your unemployment rate, but let me tell you about my unemployment rate. Let me tell you how they are in southwest Virginia. In my home county, unemployment currently stands at 6.5%. In Tazewell County, unemployment is at 7.3%. In dickinson county, unemployment is at 9.7%. In Wise County, unemployment's at 8.2%. And in Buchanan County, unemployment is a staggering 10.8%. So don't tell the good people of southwest Virginia that there's not a war on coal. Don't tell them that, okay? They live in that war zone, they understand it, they deal with it every single day when they're trying to keep their jobs and support their families. When you look at our overall unemployment rate in the coalfield counties of southwest Virginia, they're better than 8%, better than 8%, so what I 'm telling you about and what I 'm tossing you about and what I 'm warning you about is the people of southwest Virginia and those really living all over the commonwealth are going to feel a whole lot more than the impact of an increasing electric bill. That's just the tip of the iceberg for the people of southwest Virginia. You know, I implore you to keep us out of this train wreck and to pass this piece of legislation. This piece of legislation is our best hope of avoiding that train wreck, and there's just too much at risk here for us to rely on somebody else getting it right. We need to let the general assembly get it right as we have done time and time again. Mr. President, I hope the good people of this chamber will pass this bill.
[Unknown]
Thank you, Senator. The senior Senator from Henrico, Senator McEachin .
Don McEachin
Would the Senator yield for a question or two, Mr. President?
[Unknown]
Would the Senator from Russell County yield for a question?
Don McEachin
I yield.
[Unknown]
He yields, Senator .
[Unknown]
Mr. President, am I correct in understanding -- I would ask the Senator, am I correct in understanding that should we fail to submit a plan, that the federal government could come into Virginia and essentially establish their own plan?
[Unknown]
The Senator from Russell County .
[Unknown]
Mr. President, I will tell the gentleman that we have the ability to have a one-year extension, an automatic one-year extension in our work toward developing the plan. And then there's a provision also for us to seek a two-year extension in our ability to seek the plan. So there is ample time in my opinion for us to be able to develop a plan and ship it off to the epa.
[Unknown]
The senior Senator from Henrico .
[Unknown]
Further question, Mr. President.
[Unknown]
The gentleman yield for an additional question?
[Unknown]
I yield.
[Unknown]
He yields, Senator .
[Unknown]
Mr. President, I appreciate the Senator 's answer, but even after that one-year or two-year extension, should this body fail to -- in conjunction with the other body, fail to produce a plan, would not epa have the ability to come in and essentially set up their own system?
[Unknown]
The Senator from Russell County .
Bill Howell
Mr. President, thank you. I would tell the gentleman from Henrico that in the event that we went three years without creating our own plan, in the event that the good people of this chamber and the good people of the House chamber could not come to any agreement, that ultimately the epa would control, yes.
[Unknown]
The senior Senator from Henrico .
[Unknown]
Thank you for that answer. Another question, Mr. President?
[Unknown]
Would the Senator yield for an additional question?
[Unknown]
I yield.
[Unknown]
He yields, Senator .
[Unknown]
I thank the Senator and we had a little bit of this colloquy in committee, but I think it would do the body some good to hear this. At line 74 through 75, your legislation contemplate and resolution and not a bill. Is that not true?
[Unknown]
The Senator from Russell County .
[Unknown]
This bill contemplates resolutions of both bodies of the general assembly.
[Unknown]
Thank you, senior. The senior Senator from Henrico .
[Unknown]
Further question, Mr. Medicine.
[Unknown]
Does the Senator yield for an additional question?
[Unknown]
I yield.
[Unknown]
He yields, Senator .
[Unknown]
Would the Senator be good enough to explain to me the wisdom behind using a resolution for this process versus a bill when a resolution cuts the governor's office out of it, and this bill is going out the door, so we're actually talking about future governors, cuts future governors out of the process of helping us craft this resolution or craft this plan, why is that the better way to go than doing the traditional bill route where the third floor would have input into the plan and after all, the third floor is responsible ultimately for the execution of whatever plan we put together.
[Unknown]
The Senator from Russell County .
[Unknown]
Mr. President, I would tell the Senator from Henrico that we are elected by the people of our communities and we go home to our communities and we understand the will of the people of our communities. Unlike the governor who lives within the city of Richmond during the term of his election. I believe that the bill contemplates the people who represent the people as being the last arbiter of this plan.
[Unknown]
The senior Senator from Henrico .
[Unknown]
I thank the Senator. Speaking briefly to the measure.
[Unknown]
The Senator has the floor.
[Unknown]
Mr. President, I would hope that it would not be our intention to pass this bill as well-intentioned as it May be on the Senator 's part. I hope the colloquy has shown that there's some deficiencies in the reasoning behind this bill. First and foremost is the notion that it only contemplates the House and Senate doing anything and if we're at logger heads, whether it's one year from now or two years from now, the federal government can come down and essentially implement their own plan. And I don't think that's something that any of us would want to see. And ultimately, whether it's this governor or future gomps who scoff a d after their name or an r after their name, using the resolution process which cuts them out prove ses altogether and they ultimately have to execute the plan I don't think is good public policy. I understand what the Senator has said that we all representative our communities and the governor lives in the city of Richmond and he actually lives in the district I have the pleasure to represent him whether he's on d or r or she's a Dr d or r, but that governor would have traveled across the commonwealth and spoken tom of our constituents and does ultimately represent all of us. I hope woibt the pleasure of the body to defeat the bill.
[Unknown]
Thank you, Senator. The Senator from Alexandria, Senator Ebbin .
Adam Ebbin
Thank you. Would the Senator from Russell yield for a question?
[Unknown]
Would you yield for a question?
Adam Ebbin
I yield.
[Unknown]
He yields, Senator .
[Unknown]
I would ask the Senator first off, the bill refers to deq developing a state plan to be voted on by the Senate and House of delegates. Would that plan go through a committee process?
[Unknown]
The Senator from Russell County .
[Unknown]
I believe that that plan would work in conjunction with the, with the clean power plan subcommittee, yes.
[Unknown]
Thank you. May I ask the yes to yield for another question?
[Unknown]
Would the Senator from Russell County yield for an additional question?
[Unknown]
I yield.
[Unknown]
He yields, Senator .
[Unknown]
Thank you. I would ask the yeah if he is aware that the bill has a fiscal impact of $350,000?
[Unknown]
The Senator from Russell
[Unknown]
Mr. President, I would tell county. The gentleman that that's barred. I tell the gentleman that that is a bargain, $350,000.
[Unknown]
The Senator from Alexandria .
[Unknown]
Okay. I would ask the gentleman a further question if I might.
[Unknown]
The gentlemen yield for an additional question?
[Unknown]
I yield.
[Unknown]
He yields, Senator .
[Unknown]
I would ask the gentleman if the bargain or the $350,000 has been considered by the finance committee?
[Unknown]
The Senator from Russell County .
Bill Howell
Mr. President, I would tell the gentleman from Fairfax that I believe that it has, yes.
[Unknown]
Thank you, Senator. The Senator from Alexandria .
[Unknown]
I thank the gentleman.
[Unknown]
Thank you, Senator. The Senator from Buckingham, Senator Garrett .
Tom Garrett
Thank you, Mr. President. Speaking to the bill.
[Unknown]
The Senator has the floor.
Tom Garrett
Why would we surrender sovereignty, why would we give up the right to self-determination? Over this or anything. The argument is that maybe one day the House and Senate won't get along. Well, let's cross from proverbial bridge when we get to it? Who understands the diverse and divergent needs of 100 House districts and 40 Senate districts in Virginia percent than 140 delegates and senators chosen by the residents of those districts to represent them? Is it the epa? Is it one person in the governor's mansion? No, no. I'll paraphrase someone wiser than me who said that liberty once lost is seldom regained. If we reling wish the right to be -- rering quish the right to -- relinquish the right to be our own shepherds and our own voice on this, would we get it back? And why, why vote to give it up. Thank you, Mr. President.
[Unknown]
Thank you, Senator. The Senator from Roanoke city, Senator Edwards .
John Edwards
Mr. President, I rise to oppose this measure because, among other things, it's premature. In response to Senator Garrett 's comments concerning sovereignty, we established the deq. It's a body of the commonwealth established by the general assembly to do the kind of work that only an agency like the deq can do, which is factual analysis, legal analysis, doing the kind of hard work that this 140-person body can hardly do. It's complicated work and if we don't rely upon the deq, then maybe we ought to establish a new deq or put new people in charge of it or something, but that's their job, to do this kind of work, to make the kind of plan that we're required by the federal law to make. And if we -- as the Senator from Henrico pointed out, if we don't do it, the epa in Washington is going to do it, so if we don't follow the rules that we've set up, then we're not -- this has nothing to do with sovereignty, it sinch my means maybe we ought to go back and redo our own rules. The deq is the one set up to do we haven't even seen their plan, this. Ha a good reason, put it in the bill at that time, but to say we got to oversee it later when we haven't seen seen the plan makes no sense at all. I think this bill is premature. I hope we defeat the bill. Thank you, Mr. President.
[Unknown]
The Senator from Franklin County, Senator Stanley .
Bill Stanley
Would the Senator from Roanoke city yield for a
[Unknown]
Would you yield for a question? Question?
Bill Stanley
Be happy to.
[Unknown]
He yields.
[Unknown]
I would ask the gentleman if he would agree with me that just recently and not too long ago that the city of Roanoke and surrounding areas lost over 500 jobs gone from that area due to the fact that Norfolk southern remove those jobs from our area?
[Unknown]
The Senator from Roanoke city.
[Unknown]
Mr. President, I respond that this is not related at all to the bill, but the fact is Norfolk southern shifted some of their -- 500 of their employees to either Norfolk or to atlanta or -- and many of them decided to stay in Roanoke, not for reasons which he's relating to, but rather because of their own, according to them, according to their own restructuring plan in terms of improving operations and communications internally. It had nothing whatsoever to do with what I think the Senator from Franklin is trying to suggest.
[Unknown]
Senator from Franklin .
[Unknown]
Yes, Mr. President. Thank you. Would the Senator from Roanoke city yield for another question?
[Unknown]
The Senator yield for an additional question?
[Unknown]
I'd be happy to.
[Unknown]
He yields, Senator .
[Unknown]
Thank you, Mr. President. I'd ask the gentlemen that despite what he thought I might be asking, would he not agree that we lost those jobs because that is a major hub of delivery of coal by train from the coalfields and with the severe reduction in terms of the harvesting of coal and bringing it out of that area, due to these epa regulation many that, that is at least in part, maybe not totally, but at least a significant part of why we lost so many important jobs in Roanoke city who used to work for Norfolk southern?
[Unknown]
Senator from Roanoke city.
[Unknown]
Mr. President, not according to Norfolk southern. They had an internal operating reasons, communication reasons for doing this reduction. In addition, they recently moved other people back into Roanoke, so -- and in addition, employment rate in Roanoke has actually gone up, not down in recent years, and besides that, I would say he's trying to blame the epa on coal's problem. The problem with the decline in coal really has to do with the decline in the Price of natural gas and the surplus of natural gas that's out there. So it's competition, even apco, for example, said they were switching from coal to natural gas because the Price is cheaper, so the culprit, what coal is concerned about is the fact that they're not competing with natural gas. It's just a natural marketplace where natural gas is a whole lot cheaper than coal. That's what's causing many of the problems in southwest Virginia .
[Unknown]
Thank you, Senator. The Senator from Franklin .
[Unknown]
Mr. President, I thank the gentleman for answering my questions and speaking to the bill.
[Unknown]
The Senator has the floor.
[Unknown]
Mr. President, I rise in support of this bill because having lived in the area for a long time, representing people in the south side of southwest Virginia, I can tell you one thing. Long ago, whether we like to admit it or not, that the very foundations of the Virginia economy will built on certain things, tobacco, textiles, manufacturing, coal. That when I lived in Virginia beach in the early '70s, there were just airplanes and ships and in the earlier '70s, in the mid '70s, I moved to northern Virginia and a lot of my friends from northern Virginia like to that they built Virginia, that they are the modern economy in Virginia, but the number one industry in Virginia at the time, Mr. President, was dairy. Textile, tobacco, manufacturing and coal. What built the commonwealth of what has allowed us to prosper, Virginia. And those men and women who have dedicate the their families, their lives, their souls, their sacred honor, who have had family members give their life so this country could move into the industrial age and thrive and prosper are due the respect that we should give them here. That rather than sometimes, as I hear, Washington, d.C., talk like my father used to lovingly do when he used to say son, when I want your opinion, I will give it to you, let us be the only determinant of our future and remember those that built this great commonwealth. Let us not forget that every single sometime that we pass a regulation that makes us feel good, it does not change the temperature one micron. So long as we have other countries, industrialized countries throughout this world that are using sources of energy and are not regulating themselves with oxygen, air, groundwater, that what we do May be small, but what we do to these families when we accede to the federal government and take away their livelihood and their futures is something that lasts for generations, and we know. I live in an area where the unemployment rate is 15% because the federal government told us the north american free trade agreement and the central american free trade agreement would be good for us. And I hate to reach into the past, but if you remember, there's a presidential candidate named ross perot who said nafta and cafta would produce this giant sucking sound of jobs being sucked out of the united states and sent abroad, but we in southwest Virginia were assured that that wasn't the case and at the time, they told us it would be good for us, our unemployment rate that is lower than northern Virginia and Hampton roads. And now, ours is over double what the state average is. Because we went along nafta, cafta, and the jobs and hopes and dreams of people in south side that helped build this area, helped build their region, helped build this commonwealth, went with those opinions what they thought was good for us. Let us not make the same mistake when it comes to the coalfields of Virginia. Let us stand and protect the people that helped build this great state, build this great nation and as the Senator from Buckingham said, let us never give the authority for the determination of our future and our families' future and our children's future for a federal government that seems like every time they make a decision, it always turns out to be the wrong one, Mr. President, and I thank you for your time.
[Unknown]
Thank you, Senator. The Senator from James city county, Senator Norment. The senior Senator from Virginia beach, Senator Wagner .
Tommy Norment
Thank you, Mr. President. Speaking briefly to the bill.
[Unknown]
The Senator has the floor.
Tommy Norment
I just want to give the body kind of a primer of what's going to be involved in putting forward regulations on the clean power plan. If you're not familiar with them, by this September, deq is going to be required to come up with a plan, a very, very tight schedule, one that there is already built into the regulations, a one-year request, which could automatically be granted. Make no mistake, the compliance with the clean power plan as written even after the revision are going to very, very much change the way electricity is brought into the state, delivered in this state and generated in this state. We've already seen on the peninsula and in south side Virginia two coal plants shutter because the business decision was made not to put the scrubbers on complying with the previous set of mercury regulations out of epa, have shuttered those two plants and right now there's serious discrepancies on the peninsula whether or not they can even keep electricity going based on trying to get a power line built across the James river, has become very, very controversial and there are legitimate talks about whether there will be brownouts, blackouts, whether or not they will keep the yorktown power plant on longer to try to cap this. Just some of the problems from the previous regulations. This new set of regulations, the amount of emissions allowed to coal plants, means that there will be no more coal plants built anywhere in the country. Whether you like that idea or not, that's just the cold hard reality of the facts the way those regulations are written. It's interesting that if you don't think it strikes home to you living in northern Virginia, west Virginia can make a huge move into full compliance by shuttering one coal plant and not hurt west Virginia a bit. It's so-called mount storm in west Virginia. These these boundaries are set up not by utility areas or not by -- they're set up by state boundaries and we all know electricity passes. That coal plant provides the single source for all electricity. So west Virginia can make the decision saying we're going to do away with this, get under our numbers on carbon emissions and play, west Virginia is going to be fine -- and by the way, west Virginia is going to be fine. Keep that in mind. We had a meeting, unfortunately not a lot of members there, where we had ferq, one of the five or six voting members of the federal regulatory commission, they ultimately have the responsibility to keep the grid up. Pjm has the responsibility to keep the grid in the multi-state jurisdiction, of which Virginia is one. The question was asked and ferq replied, can you maintain reliability in the system, in other words, not blackouts, not brownouts, reliability. They said yes, under this new plan, we can maintain reliability, but it's going to come at a very, very large cost. Now, when the phone rings, when the rates go up, and they will go up, the question is is it 20%, 30%. A lot of it is based on what's in that plan and goes up. Those calls won't come there, I know, because I 've gotten the calls. They will come to you, each one of us in this room. All we're talking about is a plan of such magnitude that's going to impact every virginian regardless of where you live in the state, that impacts every virginian. You want the opportunity to look and sign off on it and that's what the bill does. It doesn't prevent the plan and let me tell you, it's very, very complex. The comments from, I think the senior Senator from Henrico or the Senator from Roanoke, it is a very, very complex plan and when it's put together, it's going to be very complex, but we've handled complex things in this body before and I think we can come to the understanding. The same threat of if we don't move forward with it, the same threat, we don't move forward it with, we'll be very relevant when we take up the debate if this bill passes and becomes law, it will happen again because there is that ultimate threat if we don't move forward with a plan, epa will write one for you. But also keep in mind, lawsuits are moving through that May make this plan not have to be implemented at all depending on how the court comes. Ultimately, the mercury rules, although they were fully implemented, fully regulated, fully installed and done, by the time the supreme court rules that the mercury rules needed to go back, because they didn't take into account a number of factors, and so I think it's appropriate that we try to slow this train down, that we try to take a look at it. Obviously, the threat of epa writing it, we don't want that. We heard that over and over again in any number of areas. We don't want that, but I think it's appropriate given the ramifications to each and every one of your constituents, it would be appropriate for us to take a look at it. If you read some of the goals outlined in the bill, it's considerations they have to make. I support the bill.
[Unknown]
Thank you, Senator. The Senator from Augusta, Senator Hanger .
Emmett Hanger
Thank you. Mr. President, on this particular matter, I hate to have to contemplate this action at this moment. I support this measure. I think it's a very important extremely important some of the piece of legislation, and recognizing at the same time that it's a very debatable subject, but in order -- and I 've discussed this with the chair of the Senate agriculture committee and the majority leader and the patron. There was -- there is a financial impact with this particular measure and to preserve the integrity of the process, I 'm going to recommend and perhaps will move if there's not extreme resistance to that, that we rerefer this measure to the Senate finance committee. Where we find ourselves, Mr. President, is not the fault of the patron, not the fall of the chair of the agriculture committee, but there was not clarity that there was a financial impact. As we look at the impact statement, because of the fact that the deq anticipates hiring a special consultant on this project, there would be an anticipated cost of $350,000 in 2017. I want to be clear, I do support appropriating that, but to maymont integrity of the process, I do believe that blessing should come through finance committee and as we vote for it, if we choose to vote for it, recognize we're committing ourselves to that expenditure. With the concurrence of the chair of the agriculture committee, or if he wants to speak to that, I will yield.
[Unknown]
The Senator from Stafford .
Emmett Hanger
Thank you, Mr. Chairman. Mr. Chairman, when we look at this and when the Senator from Alexandria brought this question up, I actually just wept and discussed it with the Senator from Henrico. We had a great vibrant discussion on this. Unfortunately, there was no consideration of whether there was a financial impact because I 'm not sure we knew it at the time. So I defer to the folks on finance. We certainly don't want to adopt a precedence that we shouldn't be adopting on any of these bills regardless of how each and everyone May feel about that. So I defer to the chairman of finance.
[Unknown]
Thank you, Senator. The Senator from Augusta .
[Unknown]
Thank you, Mr. President. If everybody would just remember what you've already said so you won't have to repeat it next week when this comes back to the floor. [ laughter ] I would move that this bill be referred to the Senate finance committee.
[Unknown]
Thank you, Senator. The question is shall shabby 21 be re -- Senate bill 21 be rereferred to finance. All in favor of the motion say aye. [ ayes expressed ]
[Unknown]
Those opposed, no. The ayes have it. The bill is rereferred.
[Unknown]
Clerk: Senate bill 23, a bill relating to grand larceny and certain property crimes threshold.
[Unknown]
The Senator from Spotsylvania, Senator reed.
[Unknown]
I move the bill pass. Speaking to the bill.
[Unknown]
Floor gloor.
[Unknown]
Ladies and gentlemen of the body, this is a bill which I brought to this floor four times now. We seemingly passed it out on a bipartisan support and I know some people feel very strongly about it and some people are opposed to I, but this is raising the felony threshold from $200 to $500. The last time we did this and set the rate at $200, I think the senior Senator from Fairfax was a new young member. That was 25 years ago. Ladies and gentlemen of the body, we are last in the country for felony thresholds having the lowest amount in the nation. Last word, we were tied with new jersey. One of the things for those fiscal hawks in here, Mr. Chairman of finance, by 2022, raising the felony threshold, if I could speak a bit today, the threshold is expected to reduce the amount of prison beds by 51, which is a few million dollars on a study the Virginia criminal sentencing commission did, and recently the pew research folks came out with a study about a month and a half ago that said raising the property crime and larceny differences between states that raise their thresholds and states that do not had no so the aclu, the voices for impact. Virginia's children, legal aid, justice center, and the Virginia bar association support the bill. Mr. President, that's the bill in its current form.
Bill Howell
Thank you, Senator. The question is shall Senate bill 23 pass. All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Clerk: ayes 29, nos 11.
[Unknown]
Ayes 29, nos 11. The bill passes.
[Unknown]
Clerk: Senate bill 48, a bill relating to carrying a concealed handgun permit not required.
[Unknown]
The senior Senator from Loudoun, Senator Black .
Dick Black
Mr. President, I move that bill go by for the day.
Bill Howell
Without objection, Senate bill 48 will go by for the day.
Dick Black
Clerk: Senate bill 211, a bill reling to public schools, physical activity requirement.
[Unknown]
Senator from Newport News, Senator Miller .
John Miller
Thank you, Mr. President. I move the bill pass and speaking to the bill.
[Unknown]
The Senator has the floor.
John Miller
Ladies and gentlemen of the Senate, you have seen this bill before. Last year it overwhelmingly passed the Senate. It simply says that in grades k-5, every public school student would have 20 minutes of physical activity every day or an average of 100 minutes per week. That is physical activity, not physical education, requiring 10 or 120 minutes of physical -- 10 or 20 minutes of physical activity is the right thing to do. It is a small step forward in the fight against childhood obesity. It does not require a pe teacher. It does not require any additional funding from the schools. Schools will have two years to implement a plan and, again, I renew my motion to pass the bill.
Bill Howell
Thank you, Senator. The question is shall Senate bill 211 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.
[Unknown]
Clerk: ayes 22, nos 17.
[Unknown]
Ayes 22, nos 17. The bill passes.
[Unknown]
Clerk: uncontested calendar House bill on second reading. House bill 402, reported from the committee on finance. A relating to commonwealth taxation.. Uncontested calendar, bills on second reading. >> The Senator from James city county, Senator Norment .
Tommy Norment
Mr. President.
[Unknown]
The Senator from Spotsylvania, Senator reed.
[Unknown]
Mr. President, having voted on the prevailing side on which we passed Senate bill 23, I ask that vote be reconsidered.
[Unknown]
Thank you, Senator. The question is shall the vote by which Senate bill 23 passed be 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?
[Unknown]
Clerk: ayes 39, nos 0. The motion passes. The Senator from stofl, Senator reed.
[Unknown]
Thank you, Mr. President. Having previously explained what the bill does, I ask the bill pass.
[Unknown]
Thank you, Senator. The question is shall Senate bill -- excuse me. The clerk will close the roll. The Senate will stand at ease. We have a technical glitch. [ gavel banging ] the Senate will come to order. The motion on the floor is whether Senate bill 23 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.
[Unknown]
Clerk: ayes 26, nos 14.
[Unknown]
Ayes 26, nos 14. The bill passes. The Senator from James city county, Senator Norment .
Tommy Norment
Thank you, Mr. President. Return to the Senate bills on the second reading I believe is where we are on the calendar, Mr. President. So if I could direct everyone's attention to Page 3 of the calendar, I respectfully move that all the Senate bills on the third reading on the uncontested calendar, which would include all bills on pages 3 through 7, including Senate bill 182 through Senate bill 610 -- 670 be placed on final passage -- excuse me, be engrossed and advanced to third reading. After the adoption of any amendments. Na any certain desires a bill to be removed from the block, please do after the clerk has read the number of bill.
[Unknown]
Thank you, Senator. The question is shall the Senate bills on second reading on the uncontested clerpd on pages 3 through 7, Senate bill 182 through Senate bill 670, be engrossed and advanced to third reading. After the adoption of the amendments there to, that any Senator desiring to remove a bill from the block would to so after the clerk has read the number of bill. All in favor of the motion will anyway aye. [ ayes expressed ]
Tommy Norment
Those opposed, no. The ayes have it. The motion is agreed to.
[Unknown]
Clerk: Senate bill 182, reported from the committee on finance. Senate bill 206, reported from the committee on general laws and technology. Senate bill 230, reported from the committee on finance. Senate bill 293, reported from the committee on general laws and technology. Senate bill 325, reported from the committee on finance. Senate bill 377, reported from the committee on general laws and technology with a substitute.
[Unknown]
Senator from Fauquier, Senator Vogel .
Jill Holtzman Vogel
I flofr that the substitute be agreed for.
[Unknown]
The question is shall the committee substitute be agreed to. Nafetion will say aye. [ ayes expressed ]
Jill Holtzman Vogel
Those opposed, no. The ayes have it. The committee substitute is
[Unknown]
Clerk: Senate bill 408, agreed to. Local government to the rereferred from the committee on committee on general laws and technology. Reported from the committee on general laws and technology with amendment.
[Unknown]
The Senator from Fauquier County, Senator Vogel .
Jill Holtzman Vogel
I ask the amendment be agreed to.
[Unknown]
The question is shall the committee amendments be agreed to. All in favor of the motion will say aye. [ ayes expressed ] the ayes have it.
Jill Holtzman Vogel
Clerk: Senate bill 445, reported from the committee on finance. Senate bill 621, reported from the committee on commerce and labor with a substitute.
[Unknown]
Mr. President.
[Unknown]
The Senator from Franklin County, Senator Stanley .
Bill Stanley
Thank you, Mr. President. I move the committee substitute be agreed to.
[Unknown]
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 committee substitute is agreed to.
Bill Stanley
Mr. President.
[Unknown]
The Senator from Franklin .
[Unknown]
Mr. President, if you wouldn't mind, I respectfully request that Senate bill 621 be removed from the glok and passed by for the day.
Bill Howell
Without objection, Senate bill 621 will be removed from the block and passed by for the day.
[Unknown]
Clerk: Senate bill 670 reported from the committee on finance with amendment.
[Unknown]
Senator from Hanover, Senator McDougle .
Ryan McDougle
Mr. President, I move that the committee amendment be agreed to.
[Unknown]
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. The question is shall the Senate bills be engrossed and advanced to third reading. That is, all bills except for 621 on Page 7. All in favor of the motion will say aye. Those opposed, no. The ayes have it. The bills are end grossed and advanced to their third reading.
Ryan McDougle
Clerk: regular calendar, Senate bills on second reading. Senate bill 12, a bill relating to the Virginia humanity rights act, public employment.
[Unknown]
I move the committee amendment be freed to.
[Unknown]
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 Alexandria .
[Unknown]
I move the bill be gro engrossed and advanced to third reading.
Bill Howell
Thank you, Senator. The question is shall the bill be engrossed and advanced to third reading. All in favor of the motion will say aye. Those opposed, no. The ayes have it. The bill is engrossed and advanced to its third reading.
[Unknown]
Clerk: regular calendar, Senate bills on second reading. Senate bill 67, a bill to amend and reenact sections of the code of Virginia relating to the Virginia fair housing law, unlawful discriminatory housing practices, sexual orientation and gender identity. Reported from the committee on general laws and technology.
[Unknown]
The Senator from loud ton, Senator Wexton .
Jennifer Wexton
Thank you, Mr. President. I move the bill be engrossed and advanced to third reading.
Bill Howell
The question is shall the bill be engrossed and advanced to third reading. All in favor of the motion will say aye. Those opposed, no. The ayes have it. The bill is engrossed and advanced to third reading.
Jennifer Wexton
Clerk: Senate bill 207, a bill to amend the code of Virginia by adding in article 3 of chapter 40 of title 2.2, a section numbered 2.2-4023.1 relating to the administrative process act, reconsideration of formal hearings. Reported from the committee on general laws and technology with a substitute. And there is one floor amendment.
[Unknown]
The Senator from Roanoke city, Senator Edwards .
John Edwards
I move the substitute -- committee substitute be adopted.
[Unknown]
The question is shall the committee substitute be agreed to. All in favor of the motion will say aye. Those opposed, no. The ayes have it. The substitute is agreed to. The Senator from Fairfax city, Senator peernd.
[Unknown]
Thank you, Mr. President. I move to waiver the reading of the floor amendment.
[Unknown]
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 Fairfax city.
[Unknown]
Thank you, Mr. President. I move we adopt the floor amendment and speak to the motion.
[Unknown]
The Senator has the floor.
[Unknown]
Mr. President and ladies and gentlemen of the Senate, this has to do with the administrative process act and adding on new procedure, motion for reconsideration. Some of us in committee, namely myself and others, had concerns about whether or not these hearings, which are typically employees bringing these grievances, whether they have ever win, quite frankly, and so based on my floor amend, just ask that the department collect statistics so we can get a better handle on whether we ever get any judgments in favor of the little guy in there case. I hope we collect that information if and adopt the amendment.
[Unknown]
Thank you, certain. The question is shall the floor amendment be agreed to. All in favor of the motion will say aye.
Bill Howell
The question is shall the bill be engrossed and advanced to third reading. All in favor of the motion will say aye. Those opposed, no. The ayes have it. The bill is engrossed and advanced to third reading.
[Unknown]
Clerk: Senate bill 352, a bill to amend and reenact section 1-510 of the code of Virginia relating to official emblems and designations, state rock, nelsonite. Reported from the committee on general laws and technology. And there's a floor substitute.
[Unknown]
Senator from Bath County .
[Unknown]
Mr. President, I move that we waive the reading of the floor substitute.
[Unknown]
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 Senator from Bath .
[Unknown]
Mr. President, I move that we adopt the floor substitute and I 'd like to speak to that motion.
[Unknown]
The Senator has the floor.
[Unknown]
Ladies and gentlemen of the Senate, this is the all-important bill to designate nelsonite the state rock. I know you've all been waiting for this and we can have the debate tomorrow, but in looking through the state designations, we noticed that a couple had been dropped from the code. And those are reinserted in this floor substitute on lines 15 and 52. I'd ask that you adopt the floor substitute.
[Unknown]
Thank you, Senator. The question is shall the floor substitute be agreed to. All in favor of the motion will say aye. Those opposed, no. The ayes have it. The floor substitute is agreed to. The Senator from Bath .
[Unknown]
Mr. President, I move that the bill be engrossed and advanced to third reading.
Bill Howell
The question is shall the bill be engrossed and advanced to third reading. All in favor of the motion will say aye. Those opposed, no. The ayes have it. The bill is engrossed and advanced to third reading.
[Unknown]
Clerk: Senate bill 388, a bill to amend and reenact section 59.1-200 of the code of Virginia relating to prohibited practices under the Virginia consumer protection act. Reported from the committee on general laws and technology with amendment.
[Unknown]
The Senator from eastern Fairfax County, Senator Surovell .
Scott Surovell
Mr. President, I move the committee amendment.
[Unknown]
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 eastern Fairfax County .
Scott Surovell
Mr. President, I move the bill be engrossed and advanced to third reading.
[Unknown]
The question is shall the committee amendment be agreed to.
Bill Howell
The question is shall the bill be engrossed and advanced to third reading. All in favor of the motion will say aye. Those opposed, no. The ayes have it. The bill is engrossed and advanced to third reading.
[Unknown]
Clerk: Senate bill 389, a bill to amend the code of Virginia by adding in chapter one of title 15.2, a section numbered 15.2-110 relating to local permitting or licensure, requiring consent of homeowners association prohibited. Reported from the committee on general laws and technology with a substitute.
[Unknown]
Senator from eastern Fairfax County .
[Unknown]
Mr. President, I move the committee substitute.
[Unknown]
The question is shall the committee substitute be agreed to. All in favor of the motion will say aye. Those opposed, no. The ayes have it. The substitute is agreed to. The Senator from eastern Fairfax
[Unknown]
Thank you, Mr. President. County. Move the bill be engrossed and advanced to third reading.
Bill Howell
The question is shall the bill be engrossed and advanced to third reading. All in favor of the motion will say aye. Those opposed, no. The ayes have it. The bill is engrossed and advanced to third reading.
[Unknown]
Clerk: Senate bill 453, a a bill relating to the Virginia board for asbestos, lead, and home inspectionors, licensing of home inspectors. Reported from the committee on general laws and technology with a substitute.
[Unknown]
The Senator from Franklin County, Senator Stanley .
Bill Stanley
Thank you, Mr. President. I move that the committee substitute be agreed to.
[Unknown]
The question is shall the to. Committee substitute be agreed all in favor of the motion will say aye. Those opposed, no. The ayes have it. The substitute is agreed to. The Senator from Franklin County .
Bill Stanley
Thank you, again, Mr. President. I move move that this bill be engrossed and advanced to third reading.
Bill Howell
Thank you, Senator. The question is shall the bill be engrossed and advanced to third reading. All in favor of the motion will say aye. Those opposed, no. The ayes have it. The bill is engrossed and advanced to third reading.
[Unknown]
Clerk: Senate bill 506, a a bill relating to the waiver of tax penalties for small businesses. Finance with amendments. Reported from the committee on
[Unknown]
The Senator from rochester city, Senator stufrt.
[Unknown]
I move that the amendments be agreed to.
[Unknown]
The question is shall the committee amendments be agreed to. All in favor of the motion will say aye. Those opposed, no. The ayes have it. The committee amendments are agreed to. The Senator from Richmond city.
[Unknown]
Mr. President, I move that the bill be engrossed and advanced to third reading.
Bill Howell
The question is shall the bill be engrossed and advanced to third reading. All in favor of the motion will say aye. Those opposed, no. The ayes have it. The bill is engrossed and advanced to third reading.
[Unknown]
Clerk: Senate bill 637, a bill relating to the Virginia high demand occupations advisory forecast committee, annual high demand forecast report. Reported from the committee on general laws and technology.
[Unknown]
The Senator from mecklenberg, Senator Ruff .
Frank Ruff
Thank you, Mr. President. I move the bill be engrossed and advanced to third reading.
Bill Howell
The question is shall the bill be engrossed and advanced to third reading. All in favor of the motion will say aye. Those opposed, no. The ayes have it. The bill is engrossed and advanced to third reading.
Frank Ruff
Uncontested calendar. Senate bills on first reading.
[Unknown]
Senator from James city county, Senator Norment .
Tommy Norment
Thank you, Mr. President. I move all the Senate bills on the first raeting on both the uncoulds tested and regular calendar, including all Senate bills on pages 11 through 17, which would include Senate bill 89 through Senate bill 629, that the rules of the Senate be suspended and that the first constitutional reading of the titles be dispensed with.
[Unknown]
Thank you, Senator. 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 11 through 17, Senate bill 89 true Senate bill 629, be dispensed with. All in favor of the motion will record their votes yea, those opposed, no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change the clerk will close the roll. Their vote?
Tommy Norment
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The raeting of the title is dispensed with. The Senator from James city county.
[Unknown]
Mr. President, I now move that all the built be passed by for the day.
[Unknown]
The question is shall the Senate bills on the contop tested and regular calendars now on second reading be passed by for the day. All in favor of the motion will say aye. Those opposed, no. The ayes have it. The bills will go by for the day.
[Unknown]
House joint resolutions on third reading. House joution 210.
[Unknown]
The Senator from Rockingham, Senator Obenshain .
Mark Obenshain
Mr. President, can this go by for the day.
Bill Howell
Without objection, House joint resolution 210 will go by for the day.
Mark Obenshain
Senate joint resolution 70, proposing a ement to the constitution of Virginia by adding a article one, second number 11-a relating to the right to work.
[Unknown]
Senator from Rockingham, Senator Obenshain .
Mark Obenshain
Can this go by for the day.
Bill Howell
Without objection, sjr 70 will go by for the day.
Mark Obenshain
Clerk: memorial resolutions. >>.
[Unknown]
The Senator from James city county, Senator Norment .
Tommy Norment
Thank you, Mr. President. I respectfully move that all the memorial resolutions on pages 18 and 19 of the calendar, including Senate joint resolution number 72 through Senate resolution 33 be agreed to in the usual manner, waiving the reading of the resolution with the understanding that any Senator who desires to remove a memorial resolution from the block will please do so after the clerk has read the title of the resolution.
[Unknown]
Thank you, Senator. The question is shall the memorial resolutions on pages 18, sjr 72 through sr 34, be considered in the block in the usual manner, waiving the reading of the resolutions thereof with the understanding that any Senator desiring a resolution removed from the block would to so after the clerk has read the title of the resolution. All in favor of the motion will say aye. Those opposed, no. The ayes have it. The motion is agreed to. The resolutions are before us in the block. The clerk will please read the titles of the memorial resolutions.
Tommy Norment
Clerk: Senate joint resolution 72 celebrating the life of the honorable thomas w. Moss jr.
[Unknown]
Senator from Norfolk, Senator Alexander .
Kenneth Alexander
Thank you, Mr. President can syr be reflofd from the block. >>out objection.
[Unknown]
Senate joint resolution 114 celebrating the life of alphonzo lasalle holland, sr. Senate joint resolution 115 celebrating the life of paul c. Reber. Senate joint resolution 128, celebrating the life of carl douglas proffitt, jr. Senate resolution 32 celebrating the life of the honorable n. Wescott jacob. Senate resolution 34, celebrating the life of ann l. Dearsley-vernon.
Kenneth Alexander
Thank you, madam clerk. With the exception of sjr 72, the resolutions will be agreed to in the usual manner. All those in favor of agreeing to the memorial resolutions will please rise. [ gavel banging ] the resolutions are agreed to. The Senator from Norfolk, Senator Alexander .
Kenneth Alexander
Thank you, Mr. President. Members of the Senate, sjr 72 memorialized the life of our dear friend, the former member of the House of Delegate moss. I was a lifelong resident of Norfolk and a graduate of granby high school. I went on to get his undergraduate degree from Virginia tech in blacksburg and he later returned and served his country in the united states army and he served in the korean after returning home, he earned war. His law degree from the university of Richmond. He later ran for the House of delegates in 1966 and was elected and served until the year 2000. He became a majority leader and he rose to become speaker of the House of delegates in 1991. After retiring from the House of delegates, he returned home and ran for treasurer, and serve for more than a decade. He remain active in Norfolk and in Hampton roads until his death on November 26th, 2015. He was a favorite son of Norfolk and, Mr. President, he was not only speaker of the House, but he was a dear friend to the Senate of Virginia as well. I want to yield to the Senator from Bath, Senator Deeds .
Creigh Deeds
Senator from Bath, Senator Deeds .
Creigh Deeds
Mr. President, I thank my good friend from the city of Norfolk. Tom nauticus was a friend of -- nauticus was a friend of nine, a from end to a lot of us. Many of us served in the body with tom. I look at my friends from Lynchburg and mecklenberg and from Fairfax, the senior Senator from Henrico, we all served in the House at different times with tom moss. And there are stories like you wouldn't believe. Everybody here knows tom moss stories and we're not going there. We're not going there. [ laughter ] let me -- that's exactly right. Let me tell you that, you know, as high as he rose, he remain a pretty humble guy even though he was proud and he had very thin skin. He never forgave me for voting for dickie kranwell. He never forgave me. He said said you voted for him, didn't you? As soon as he figured out what the vote was, when we caucused right after I was elected in '91, he was running for spheric, it was a great time to run for speaker because I got checks from Norfolk and from then, from people I didn't know. They said it was a great time to run for office. Tom moss was an incredible guy. Let me tell you that not only did he work hard for Norfolk, he certainly did, we had many scars from riverboat gambling in the earlier '90s, but he worked hard for all of Virginia, and his sense of humor remained about him. When we had our finance retreat in Portsmouth, instead of going to the museum that night, I went over to Norfolk and had dinner with tom, and it was clear that he was in distress. That was about a week before he died, which thanksgiving day, I got the call, one week later, that ed gone, but he still had his humor about him. We sad there for a couple hours -- sat there for a couple hours and it was really difficult at times, but at the end of the meal, the young woman that was helping us said I hope everything was all right, and tom said, young lady, everything was fine, especially you. Do you still tip at 10% at this establishment? And then he winked at me. That's my last memory of tom moss. He was a great man and I hope that when we adjourn today, we adjourn in his honor and memory.
Creigh Deeds
Thank you, Senator. The senior Senator from Fairfax, Senator Saslaw .
Dick Saslaw
Mr. President, members of the Senate, I know I 'm going to regret this, but anyway, there are a million tom moss stories and at the funeral, you know, I was commenting to former member of the House of delegates that I hadn't seen in about 30 years. In fact, he was have Virginia beach and I said nobody is telling the stories and I said you can't tell the stories unless you sell a whole lot of liquor, but like I said, I 'm probably going to regret this, but I 'll tell you two of them. They're not too bad, but let me tell you, just -- one of the brightest guys I have never met, really, and there was nobody, nobody quicker. Well, back in '77, '78, around that -- one of the biggest issues the floor of the general assembly then was the constitutional amendment we voted on the other day, the equal rights amendment. And john Warren cooke, the speaker, he didn't send those to p&e, he sent those constitutional amendments to general laws. And there was a big public hearing, I mean a big public hearing. House room d, I guess, was packed. And this one lady got up and she was adamantly opposed to it and she was railing away and amongst many things that she said, and she said a lot, was that if you pass this, she said, there will be common toilets. Well, moss, who was just lightning fast, says to her if I were you, I wouldn't stand for that. Well, the place just went wild, okay? And she didn't realize what tom had said, and somebody came up and said to he, and she screamed and walked out. The other, one time I 'd seen him and he had a cut on his Head, and I asked him what happened, and he said that he had this client, he had handled a divorce case and every -- anytime any -- he handled the woman, the wife, and anytime, you know, the husband -- who I think he said May work for one of the airlines, anytime he either got a pay raise or something happened or he invested, she wanted part of it. She would constantly call tom, constantly come in to see him. One time she comes in to see him and he says to her, you know, I 've been thinking about your situation and he says, I 've come up with a way that we can really put the hurting on him, really put a hurting on him. And I mean, just make him wish he'd never been born and he said she was looking with anticipation. And she says, what, what? He says to her, why don't you move back in with him? He had an ashtray on the desk and the woman pick it up and threw it at him, which is how this happened. But this -- he was such -- I 'm not going to tell you anymore, at least not through here. But he was such a great guy and he was such a joy to be around, and he was a funny, funny, funny guy. And those of you who had the opportunity to serve with him in the House, you all know what I 'm talking about. And, you know, so many of that crowd, a lot of them are like that, they're leaving us. And it's a shame. When I got to the House, we had a guy there named rooster pendleton. We had a possom white from you don't see people with names Norfolk. Like that anymore. So anyway, I would -- I agree, we should adjourn in his name. He really was a great virginian and a funny virginian.
[Unknown]
Thank you for sharing the stories. The resolutions will be agreed to. The resolution, rather, will be agreed to in the usual manner. All in favor of agreeing to the resolution will please rise. [ gavel banging ] the resolution is agreed to.
Dick Saslaw
Clerk: commending resolutions.
[Unknown]
Mr. President, I 'll try not to include commingled resolutions on this motion. Mr. President, I respectfully move that all the commending resolutions on pages 18 and 19 of the calendar, including House joint resolution 184 through Senate resolution number 33 be agreed to in the block in a voice vote, waiving the reading of the resolution and any Senator who desires to remove a commending resolution from the block should please do so after the clerk has read the number of the resolution.
[Unknown]
Thank you, Senator. The question is shall the commending resolutions on 18 through 19, hjr 814 through Senate resolution be drd in the block by voice vote, waiving the reading of the resolutions with the understanding that necessity Senator desiring a resolution removed from the block will do so after the clerk has read the number of resolution. All in favor of the motion will those opposed, no. Say aye. The ayes have it. The motion is agreed stop period of time resolutions are before us in the block. The clerk will please read the numbers of the resolutions.
[Unknown]
Clerk: House joint resolution 184, Senate joint resolution 112, 116, 117, 118, 122, 123, 124, 126, Senate resolution 31 and 33.
[Unknown]
Thank you, madam clerk. The question is shall the resolutions be agreed to? All in favor of agreeing to the resolutions will say aye. Those opposed, no. The ayes have it. The resolutions are agreed to. The Senator from James city county, Senator Norment .
Tommy Norment
Excuse me. Having some moss hangover here. Mr. President, inquiry of the clesh, does that complete the day's calendar?
[Unknown]
Yes, sir.
Tommy Norment
Is there any other business to come before the Senate ? The clerk will please report any announcements on the desk.
[Unknown]
Clerk: today, Thursday, January 28th. The committee on agriculture, conservation and natural resources will meet one half hour after adjournment in Senate room b. The education and health subcommittee on public education will meet one half hour after adjournment in the third floor east conference room. Senators Carrico, Dunnavant, Garrett, Howell and Locke. The finance subcommittee on education will meet at 3:00 in the tenth floor conference room. Senators Norment, Newman, Howell, Saslaw, Hanger and Ruff. The finance subcommittee on claims will meet at 3:30 in Senate room a. Senators Carrico, Lucas, Vogel, Obenshain, and Barker. The Virginia legislative Black caucus will meet at 5:00 in the sixth floor Senate leadership conference room. Friday, January 29th, 2016. The finance subcommittee on general government/technology will meet at 8:00 in the tenth floor conference room. Senators Vogel, Hanger, Lucas, McDougle, Alexander, and Obenshain. The committee on rehabilitation and social services will meet at 8:30 in Senate room b. Rehabilitation and social services 8:00 a.M. Senate room b. This is a change. The republican caucus will meet one half hour before session in Senate room 2. The democratic caucus will meet at 11:30 a.M. Senate room one.
[Unknown]
Thank you, madam clerk. The Senator from -- [ no audio ]
[Unknown]
We have a correction to the announcements. Both caucuses will meet at 10:00, 10:00, not 11:30.
[Unknown]
Thank you, madam clerk. The Senator from Lynchburg, Senator Newman .
Steve Newman
Mr. President, I move that the Senate do now adjourn until 10:30 tomorrow. And when we do, so we do so in the memory of the honorable speaker thomas w. Moss, jr.
[Unknown]
Thank you, Senator. The question is shall the Senate stand adjourned until 10:30 a.M. Tomorrow morning and when we do so, we do it in honor of thomas w. Moss jr. All in favor of the motion will say aye. Those opposed, no. The ayes have it. The Senate stands adjourned until 10:30 tomorrow morning. [ gavel banging ] [ gavel banging ]