02/02/2016 Senate Proceedings

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Index

SB446—00:00:20
SB445—00:00:40
SB446—00:00:56
SB445—00:00:40
SB446—00:01:00
SB445—00:00:40
SB446—00:01:00
SB445—00:00:40
SB446—00:00:20
SB445—00:00:40
SB446—00:00:12
SB445—00:00:40
SB446—00:00:20
SB445—00:00:40
SB446—00:00:14
SB445—00:00:40
SB446—00:00:20
SB445—00:00:40
SB446—00:00:36
SB445—00:00:40
SB446—00:00:46
SB445—00:00:40
SB446—00:00:14
SB90—00:00:46
SB111—00:02:52
SB117—00:01:04
SB127—00:01:30
SB181—00:01:06
SB131—00:00:40
SB181—00:00:25
SB131—00:00:40
SB181—00:01:32
SB285—00:01:18
SB323—00:02:38
SB556—00:01:22
SB558—00:00:40
SB555—00:00:10
SB556—00:00:20
SB612—00:12:29
SB666—00:00:18
SB665—00:00:40
SB666—00:03:06
SB665—00:00:40
SB666—00:00:58
SB665—00:00:12
SB666—00:00:56
SB668—00:00:40
SB666—00:02:38
SB278—00:00:16
SB344—00:00:16
SB466—00:00:14
SJ70—00:01:00
Sen. Tommy Norment (R-Williamsburg)—00:02
Sen. Jill Holtzman Vogel (R-Winchester)—03:12
Sen. Dick Black (R-Leesburg)—00:04
Sen. Louise Lucas (D-Portsmouth)—00:06
Sen. Richard Stuart (R-Westmoreland)—00:04
Sen. Tom Garrett (R-Lynchburg)—00:02
Sen. Adam Ebbin (D-Alexandria)—00:04
Sen. George Barker (D-Alexandria)—00:04
Sen. Mark Obenshain (R-Harrisonburg)—00:06
Sen. Glen Sturtevant (R-Midlothian)—00:06
Sen. Tommy Norment (R-Williamsburg)—00:10
Sen. Jeremy McPike (D-Dale City)—00:04
Sen. Chap Petersen (D-Fairfax)—00:02
Sen. Jeremy McPike (D-Dale City)—00:04
Sen. Chap Petersen (D-Fairfax)—00:04
Sen. Jeremy McPike (D-Dale City)—00:04
Sen. Adam Ebbin (D-Alexandria)—00:02
Sen. Jeremy McPike (D-Dale City)—00:00
Sen. Adam Ebbin (D-Alexandria)—00:04
Sen. Jeremy McPike (D-Dale City)—00:02
Sen. Adam Ebbin (D-Alexandria)—00:00
Sen. Jeremy McPike (D-Dale City)—00:04
Sen. Adam Ebbin (D-Alexandria)—00:02
Sen. Jeremy McPike (D-Dale City)—00:02
Sen. Tom Garrett (R-Lynchburg)—00:04
Sen. Jeremy McPike (D-Dale City)—00:02
Sen. Tom Garrett (R-Lynchburg)—00:18
Sen. Jeremy McPike (D-Dale City)—00:04
Sen. Don McEachin (D-Richmond)—00:00
Sen. Jeremy McPike (D-Dale City)—00:00
Sen. Don McEachin (D-Richmond)—00:04
Sen. Jeremy McPike (D-Dale City)—00:06
Sen. Jill Holtzman Vogel (R-Winchester)—00:02
Sen. Jeremy McPike (D-Dale City)—00:02
Sen. Jill Holtzman Vogel (R-Winchester)—00:02
Sen. Jeremy McPike (D-Dale City)—00:02
Sen. Jill Holtzman Vogel (R-Winchester)—00:02
Sen. Jeremy McPike (D-Dale City)—00:20
Sen. Bill Stanley (R-Moneta)—00:02
Sen. Jeremy McPike (D-Dale City)—00:02
Sen. Mark Obenshain (R-Harrisonburg)—00:02
Sen. Dick Saslaw (D-Springfield)—00:06
Sen. Dick Black (R-Leesburg)—00:04
Sen. Dick Saslaw (D-Springfield)—00:00
Sen. Dick Black (R-Leesburg)—00:02
Sen. Dick Saslaw (D-Springfield)—01:10
Sen. Tom Garrett (R-Lynchburg)—00:04
Sen. Mark Obenshain (R-Harrisonburg)—00:04
Sen. John Edwards (D-Roanoke)—00:02
Sen. Dave Marsden (D-Burke)—00:12
Sen. Chap Petersen (D-Fairfax)—00:02
Sen. John Cosgrove (R-Chesapeake)—00:00
Sen. Chap Petersen (D-Fairfax)—00:02
Sen. John Edwards (D-Roanoke)—00:04
Sen. Ben Chafin (R-Lebanon)—00:08
Sen. Adam Ebbin (D-Alexandria)—00:04
Sen. Ben Chafin (R-Lebanon)—00:04
Sen. Adam Ebbin (D-Alexandria)—00:04
Sen. Ben Chafin (R-Lebanon)—00:04
Sen. Don McEachin (D-Richmond)—00:14
Sen. Barbara Favola (D-Arlington)—00:20
Sen. Jennifer Wexton (D-Leesburg)—00:12
Sen. Tom Garrett (R-Lynchburg)—00:06
Sen. Chap Petersen (D-Fairfax)—00:02
Sen. Dick Black (R-Leesburg)—00:06
Sen. David Suetterlein (R-Salem)—00:04
Sen. Dick Saslaw (D-Springfield)—00:04
Sen. Tom Garrett (R-Lynchburg)—00:06
Sen. Adam Ebbin (D-Alexandria)—00:06
Sen. Dick Black (R-Leesburg)—02:26
Sen. Don McEachin (D-Richmond)—00:02
Sen. Dick Black (R-Leesburg)—00:00
Sen. Chap Petersen (D-Fairfax)—00:04
Sen. Dick Black (R-Leesburg)—00:04
Sen. Chap Petersen (D-Fairfax)—00:02
Sen. Dick Black (R-Leesburg)—00:06
Sen. Tommy Norment (R-Williamsburg)—00:08
Sen. Dick Black (R-Leesburg)—00:04
Sen. Ryan McDougle (R-Mechanicsville)—00:02
Sen. Emmett Hanger (R-Mount Solon)—00:00
Sen. Jennifer Wexton (D-Leesburg)—00:00
Sen. Lynwood Lewis (D-Accomac)—00:00
Sen. Roz Dance (D-Petersburg)—00:02
Sen. Frank Wagner (R-Virginia Beach)—00:02
Sen. Emmett Hanger (R-Mount Solon)—00:00
Sen. Tommy Norment (R-Williamsburg)—00:54
Sen. Mark Obenshain (R-Harrisonburg)—00:04
Sen. Chap Petersen (D-Fairfax)—00:02
Sen. Mark Obenshain (R-Harrisonburg)—00:00
Sen. Tommy Norment (R-Williamsburg)—00:00
Sen. Mamie Locke (D-Hampton)—00:04
Sen. Chap Petersen (D-Fairfax)—00:04
Sen. Steve Newman (R-Forest)—02:55
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Minutes

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

Prayer offered by Cantor Jason Kaufman, Beth El Hebrew
Congregation, Alexandria, Virginia

ROLL CALL OF MEMBERS: quorum present

Motion of Senator Deeds dispensed with reading of Journal (31-Y 6-N
1-A)

COMMUNICATION FROM HOUSE: (HN10201): reading waived (32?Y 5?N)

The House of Delegates has passed the following House bills: HB 87,
136, 137, 143, 145, 196, 210, 220, 226, 238, 261, 263, 315, 321, 322, 327, 335,
353, 369, 387, 438, 453, 472, 529, 534, 571, 654, 706, 707, 746, 753, 755, 778,
813, 844, 867, 894, 955, 1066, 1127

The House of Delegates has agreed to the following House joint
resolutions: HJ 89, 181, 206

House bills and joint resolutions referred /joint resolution laid
on Clerks Desk: see February 3 Senate Calendar

BILLS REPORTED

From Commerce and Labor: SB 193S, 204S, 210S, 631A, 646A rereferred
to Finance; HB 1220

From Finance: SB 21, 46A, 51, 197S, 227A

From General Laws and Technology: SB 150, 169S, 290A, 294, 418,
517S, 679S, 704

BILLS REREFERRED

From Commerce and Labor: SB 93 rereferred to Finance, 747
rereferred to Finance

SB offered by Senator Stuart (unanimous consent to introduce by voice
vote)

Bill presented, ordered printed and referred under Senate Rules
11(b), (26)g and HJR 37: see February 3 Senate Calendar

CALENDAR

UNCONTESTED CALENDAR

SENATE BILLS ON THIRD READING

SB 664 - Read third time and passed Senate block vote (39-Y 0-N)

SB 133 - Read third time and passed Senate block vote (39-Y 0-N)

SB 162 - Read third time and passed Senate block vote (39-Y 0-N)

SB 201 - Read third time and passed Senate block vote (39-Y 0-N)

SB 233 - Read third time and passed Senate block vote (39-Y 0-N)

SB 245 - Read third time and passed Senate block vote (39-Y 0-N)

SB 265 - Read third time and passed Senate block vote (39-Y 0-N)

SB 287 - Read third time and passed Senate block vote (39-Y 0-N)

SB 338 - Read third time and passed Senate block vote (39-Y 0-N)

SB 342 - Read third time and passed Senate block vote (39-Y 0-N)

SB 368 - Read third time and passed Senate block vote (39-Y 0-N)

SB 413 - Read third time and passed Senate block vote (39-Y 0-N)

SB 437 - Read third time and passed Senate block vote (39-Y 0-N)

SB 465 - Read third time and passed Senate block vote (39-Y 0-N)

SB 551 - Read third time and passed Senate block vote (39-Y 0-N)

SB 555 - Read third time and passed Senate block vote (39-Y 0-N)

SB 592 - Read third time and passed Senate block vote (39-Y 0-N)

SB 595 - Read third time and passed Senate block vote (39-Y 0-N)

SB 609 - Read third time and passed Senate block vote (39-Y 0-N)

SB 658 - Read third time and passed Senate block vote (39-Y 0-N)

SB 665 - Read third time and passed Senate block vote (39-Y 0-N)

SB 683 - Read third time and passed Senate block vote (39-Y 0-N)

SB 712 - Read third time and passed Senate block vote (39-Y 0-N)

SB 507 - Out of block, Passed by for day

SB 515 - Out of block, Read third time and passed Senate (38-Y 2-N)

SB 636 - Out of block, Passed by for day

REGULAR CALENDAR

SENATE BILLS ON THIRD READING

SB 446 - Read third time and passed Senate (21-Y 19-N)

SB 506 - Passed by for day

SB 90 - Read third time and passed Senate (34-Y 6-N)

SB 111 - Read third time and passed Senate (26-Y 14-N)

SB 117 - Read third time and passed Senate (24-Y 16-N)

SB 127 - Read third time and passed Senate (37-Y 1-N)

SB 181 - Read third time and passed Senate (39-Y 1-N)

SB 285 - Read third time and passed Senate (33-Y 7-N)

SB 323 - Read third time and passed Senate (32-Y 3-N)

SB 556 - Read third time and passed Senate (34-Y 4-N)

SB 612 - Read third time and passed Senate (23-Y 16-N),
Reconsideration of passage agreed to by Senate (37-Y 0-N 1-A), Passed Senate
(22-Y 17-N)

SB 666 - Read third time and passed Senate (40-Y 0-N)

UNCONTESTED CALENDAR

SENATE BILLS ON SECOND READING

SB 621 - Read second time, Engrossed by Senate block vote (voice
vote)

SB 249 - Read second time, Committee substitute agreed to (voice
vote), Engrossed by Senate block vote (voice vote)

SB 253 - Read second time, Committee substitute agreed to (voice
vote), Engrossed by Senate block vote (voice vote)

SB 283 - Read second time, Engrossed by Senate block vote (voice
vote)

SB 292 - Read second time, Committee substitute agreed to (voice
vote), Engrossed by Senate block vote (voice vote)

SB 367 - Read second time, Committee amendment agreed to (voice
vote), Engrossed by Senate block vote (voice vote)

SB 385 - Read second time, Committee amendment agreed to (voice
vote), Engrossed by Senate block vote (voice vote)

SB 455 - Read second time, Engrossed by Senate block vote (voice
vote)

SB 557 - Read second time, Engrossed by Senate block vote (voice
vote)

REGULAR CALENDAR

SENATE BILLS ON SECOND READING

SB 610 - Passed by for day

SB 278 - Read second time, Engrossed by Senate (voice vote)

SB 344 - Read second time, Engrossed by Senate (voice vote)

SB 346 - Read second time, Engrossed by Senate (voice vote)

SB 466 - Passed by for day

SB 732 - Read second time, Committee amendment agreed to (voice
vote), Engrossed by Senate (voice vote)

UNCONTESTED CALENDAR

SENATE BILLS ON FIRST READING

SB 7 - Rules suspended, constitutional reading dispensed (40-Y
0-N), Passed by for day

SB 87 - Rules suspended, constitutional reading dispensed (40-Y
0-N), Passed by for day

REGULAR CALENDAR

SENATE BILLS ON FIRST READING

SB 70 - Rules suspended, constitutional reading dispensed (40-Y
0-N), Passed by for day

SB 71 - Rules suspended, constitutional reading dispensed (40-Y
0-N), Passed by for day

SB 247 - Rules suspended, constitutional reading dispensed (40-Y
0-N), Passed by for day

SB 248 - Rules suspended, constitutional reading dispensed (40-Y
0-N), Passed by for day

REGULAR CALENDAR

HOUSE JOINT RESOLUTION ON THIRD READING

HJ 210 - Passed by for day

REGULAR CALENDAR

SENATE JOINT RESOLUTION ON THIRD READING

SJ 70 - Read third time and agreed to by Senate (21-Y 19-N)

On motion of Senator Newman, the Senate adjourned at 1:54 p.m.
to convene Wednesday, February 3, 2016 at 12 m.

Transcript

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

[Unknown]
[ 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 stand and be led in prayer by cantor jason kaufman, beth el hebrew congregation, Alexandria. Cantor kaufman, welcome.
[Unknown]
Creator of all life, I offer this prayer on behalf of those who are gathered in this room, whom we entrust to uplift and improve the lives of the residents of the commonwealth of Virginia. Justice justice shall you pursue. The book of deuteronomy demands. May we hear this call and devote ourselves to lives of service. God, all are created in your image. May we see you in every face. May we see you in every family. May we see you in every community. May the struggle of one be the concern of all. Help us to demolish the barriers and ceilings that limit us and prevent us from reaching our full potential. Let us honor the generations that came before by teaching our history and May we heed the words of Virginia 's son, president thomas jefferson, that laws and institutions must go hand in hand with the progress of the human mind. So justice justice shall you pursue. May this justice create equality of educational and economic opportunity. May this justice create safety and security, and May we always be generous and hospitable to those in need. And together, May we create a world where future generations only know liberty and justice for all. And to that, we say amen.
Bill Howell
The clerk will call the roll. All those present will please vote aye. The clerk will close the roll.
[Unknown]
You have a quorum, Mr. President. Senate journal for Monday, February 1st.
Bill Howell
The Senator from Bath County, Senator Deeds, moves that the reading of the journal be wavered. 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.
Creigh Deeds
Jaes 31, nos 6, rule 36-1.
[Unknown]
Ayes 31, nos 6, 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 county, Senator Norment .
Tommy Norment
Thank you, Mr. President. I respectfully move that we waive the reading of any communications received from the House of delegates.
Bill Howell
Thank you, certain. The question is shall the reading of the communications be waived. All in favor of the motion will record their votes aye, those opposed, no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
Tommy Norment
Ayes 32, nos 5.
[Unknown]
Ayes 32, nos 5. The reading of the communication is waived. The clerk will report any communications from the governor.
[Unknown]
We do not have any, sir.
[Unknown]
Thank you, madam clerk. The time has arrived to recognize visitors to the gallery and take up other matters of the morning hour. The Senator from Fauquier, Senator Vogel .
Jill Holtzman Vogel
I rise for purposes of an introduction.
[Unknown]
The Senator has the floor.
Jill Holtzman Vogel
It is my pleasure to recognize in the gallery this morning a number of people here from the Virginia retired teachers association. They are visiting the capitol today in celebration of the official retired teachers day in Virginia. You have seen a number of them around the capitol. The vrta, as it's known, is an organization of almost 7,000 retired teachers and nonprofessional school personnel. In the past five years, the 83 jupts across the commonwealth -- united across the commonwealth have contributed a total of $438,695 in scholarships to graduating high school seniors. In addition, since 2004, vrta members have delivered 240,000 documented hours working with 175,000 youth in Virginia, which is really impressive. Mr. President, I ask that you please give to them the warm welcome of the Senate .
[Unknown]
Thank you, Senator. Would members from the Virginia retired teachers association please rise. Good afternoon and welcome. Thank you for being with us this morning and thanks for all that you have done to contribute to our education. None of us would be here without the great teachers that we had when you were coming along, so thank you for your advocacy. I'd ask the members of the Senate to please join me in offering members from the retired teachers -- Virginia retired teachers association the warm welcome of the Senate. [ applause ]
[Unknown]
The Senator from Fauquier, Senator Vogel .
Jill Holtzman Vogel
Thank you, Mr. President. More guests in the Senate gallery today are debby eisley and linda brune. They are here with the allegro school of the arts in Fauquier County. Debby is also here with her daughters olivia and and I understand that despite having the whole week off last week, they got to play hooky, so we have to make this education. With that, I would ask that you please extend to them the warm welcome of the Senate .
[Unknown]
Thank you, Senator. Would members of the allegra school of the arts. What a great group you have this morning. Thank you for coming down and visiting and just kinding to dovetail with the educators, dyslexia is something that we see a lot of in my other job. We take care of folks with dyslexia, and they just learn in a different way and that's important to recognize and we appreciate what you all do for their advocacy and making sure that they have opportunities for the best education possible as well. I would ask the members of the saept to please join me in offering the allegra community of the arts and decoding dyslexia Virginia the warm welcome of the Senate. [ applause ] the Senator from Fauquier, Senator Vogel .
Jill Holtzman Vogel
Finally, Mr. President, I promise you this is my last one. I'm also very, very honored today to have in the gallery Mr. Henry Levine. He's here today advocating on behalf of a bill aes going to come up this afternoon. He's a retired senior partner with squires, sanders and dempsey, and I would ask ha you please extend to them -- that you fleece extend to him the very warm welcome the Senate .
[Unknown]
Would Mr. Henry leaf vine please rise. Thank you very much for being here today and hope you can do good work with the bill you're interested in and hope everything goes well for you. I ask members of the Senate to please join me in offering Mr. Leaf vine the warm welcome of the Senate. The senior Senator from Loudoun, Senator Black .
Dick Black
Thank you, Mr. President. I rise for an introduction.
[Unknown]
The Senator has the floor.
Dick Black
We have already introduced some of our decoding dyslexia people, and interestingly, this is an issue that represents both a problem and an opportunity because it's a problem because the children who have it and adults also tend to transpose words and phrases, which makes it difficult to read, but it's an opportunity because they tend to be very highly intelligent people and very capable, and so we do have an opportunity to achieve a great deal with these people. I'm not sure the particular group that had visited me is led by loraine hightower of decoding dyslexia, accompanied by jenna James, and they are in the gallery and I would just ask that we extend the warm welcome of the Senate to them.
[Unknown]
I will. Thank you, Senator. I'm going to get some of you a section time, so that's okay -- second time, but that's okay. Would members from decoding dyslexia again please rise. Always good to -- please stay standing. What Senator Black from Loudoun County just said, he articulated very well that this is a disorder that we all need to recognize and, again, make sure that you all are referring the best possible education that you can, so thanks again for being here and thanks for your advocacy. I would ask the members of the Senate to please join me in offering members from decoding dyslexia the warm welcome of the Senate. [ applause ] the Senator from Portsmouth, Senator Lucas .
Louise Lucas
Thank you, Mr. President. I rise for an introduction.
[Unknown]
The Senator has the floor.
Louise Lucas
Mr. President, oftentimes we have visitors in the gallery but today we have visitors who made a special trip to Richmond to have a conversation with me. Seated in the gallery are two members of the Portsmouth city council. One of them is a former vice mayor and the other one is a member of the city council, and so Mr. President, we're not done with the conversation yet, but I would appreciate it if you would extend to them the very warm welcome of the Senate .
[Unknown]
I will, thank you, Senator. Would Page atmosphere and zahn ni meeks please right. Welcome, great seeing you all and thanks for making the trip up and as the Senator said, for coming to have a discussion and it sounds like your discussion will continue after session, so we'll try to be as concise and efficient today and get her back I 'd ask the members of Senate to in your presence. Please join me in offering Mr. Page carey and danny meeks the warm welcome of the Senate. [ applause ] the Senator from Stafford, Senator Stuart .
Richard Stuart
Thank you, Mr. President. Mr. President, I reluctantly rise to ask unanimous consent --
[Unknown]
No, no!
Richard Stuart
-- to introduce a bill that has to do with net energy metering and the ability for farmers to produce solar energy.
[Unknown]
Thank you, Senator. The question is shall the Senate grant unanimous consent to introduce a bill as described by the Senator from staffed. All in favor of the motion will say aye. Those opposed, no. The ayes have it. The consent of the Senate is granted to introduce the bill. The Senator from Buckingham, Senator Garrett .
Tom Garrett
Mr. President, I rise for an introduction.
[Unknown]
Thank you, Mr. President.
Tom Garrett
The Senator has the floor. I was disappointed this morning when I met with representatives of tyco from Frederick Berg and Virginia beach that they were not accompanied by a green gecko and it's my understanding that there is not a gecko in the gallery. However, representatives of geico insurance from Virginia beach are here today and it's my pleasure to invite us to give them the warm welcome of the Virginia Senate .
[Unknown]
Thank you, Senator. Would members from geico meese rise if you're in -- please rise if you're in the audience. Welcome. What a great work you have and thanks for all the great work you do across the commonwealth helping folks like myself and all these other good people have insurance. You have a lot to be proud of. So thank you for being here today. I'd ask the members of the Senate to please join me in offering members from geico the warm welcome of the Senate. [ applause ] the Senator from Alexandria, Senator Ebbin .
Adam Ebbin
Thank you, Mr. President. I rise for an introduction.
[Unknown]
The Senator has the floor.
Adam Ebbin
Along with the senior Senator from Fairfax and the Senator from southern Fairfax, it's my pleasure to introduce the can't store who gave today's beautiful innovation. Cantor jason kaufman of beth el hebrew congregation Alexandria is the leader of musical life of the congregation and cantor kaufman created a musical service for the temple and really is a leader in our movement. He's a member of the american council of cantors and the synagogue that he's with, beth el, is more than 150 years old and a leader in the social justice component of the reform movement. I hope that you will extend to him the warm welcome of the Senate .
[Unknown]
Thank you, Senator. Would cantor kaufman please rise. Sir, it was a pleasure meeting you and thank you so much for bringing a wonderful message to us this afternoon, getting us off to a good start, and as I said, we love coming up and visiting Alexandria, it's a great part of the commonwealth, so appreciate you being here and hope to return soon and safe travels home later on today. I'd ask the members of the Senate to please join me in offering cantor kaufman the warm welcome of the Senate. [ applause ] the Senator from southern Fairfax County, Senator Barker .
George Barker
Mr. President, I rise for an introduction.
[Unknown]
The Senator has the floor.
George Barker
In the gallery today is a senior at centreville high school in Fairfax County who has come down to Richmond today, both to see what's going on here, but also to speak on behalf of a bill that will be presented in subcommittee this afternoon. An outstanding student, certainly someone who thinks very well and has a well reasoned defense of the bill and advocacy for thijs. Accompany hip is kathy roughing, his government teacher at the high school, also a teacher of my daughter at a different high school in northern Virginia back a number of years ago. I hope it would be the pleasure of you to give him the warm welcome of the Senate .
[Unknown]
Thank you, Senator. Would assis and kathy please rise. What a great assignment to come down and watch public policy being made and to have your teacher with you, that's an exciting day. We appreciate you all making your way down from northern Virginia and I hope things turn out well for you with your bill this afternoon. I'd ask the members of the Senate to please join me in offering them the warm welcome of the Senate. [ applause ] the Senator from Rockingham, Senator Obenshain .
Mark Obenshain
Mr. President, I rise for an
[Unknown]
The Senator has the floor. Introduction.
Mark Obenshain
Mr. President, I would appreciate it if you would extend the warm welcome of the Senate to a friend of mine in the gallery, president lauren schwartzentruber is president of eastern mennonite university. He's been president about 12 years and this spring semester, he announced his retirement. He's going to get some well earn time on the golf course and I understand he's in the midst of his victory lap and looking forward to the summer nos and his time to the golf course. We've appreciated his tenure as president of eastern mennonite university. We appreciate the contribution to our commonwealth and our community and I 'd be grateful if you would extend to him the warm welcome of the Senate .
[Unknown]
Thank you, Senator. Would the president please rise. Welcome, sir. I've enjoyed visiting with you earlier today and you're one of a few that now knows where the lieutenant governor's office is, so we appreciate you coming by for our reception this morning. Thanks, as the Senator from Rockingham said, thank you for all that you've contributed to the higher education and just a beautiful portion of the commonwealth and a great university, so we thank you. We're sorry, I guess, for selfish reasons that you're retiring, but we certainly wish you the best and thank you for your service. I'd ask the members of the Senate to please join me in offering him the warm welcome of the Senate. [ applause ] the Senator from Richmond city, Senator sturd vant.
[Unknown]
Thank you, Mr. President. I rise for an introduction.
[Unknown]
The Senator has the floor.
[Unknown]
Mr. President, joining us today in the gallery are members from the Powhatan leadership institute, a program sponsored by the Powhatan chamber of commerce in Powhatan County in my district. The for you was tan leadership noos encourages participants from all areas of the county to become involved in community activities and to develop leadership skills. These members realize the importance of citizen involvement through increased knowledge of the critical issues facing our community today. I truly appreciate their energy, support, and vision to help make Powhatan County an even better place to live. I ask, Mr. President that, you offer them the warm welcome of the Senate .
[Unknown]
Thank you, Senator. Would members from the for you was tan leadership -- Powhatan leadership institute please rise. You all have a great group with us this afternoon and just as the good Senator from Richmond said, thank you all for what you do, your advocacy and helping shape future leaders. That's so important to us in the commonwealth of Virginia, so thank you all for doing that and thank you for visiting with us today. I'd ask the men's of the Senate to please -- members of the Senate to please join me in offering members from the Powhatan leadership institute the warm welcome of the Senate. [ applause ]
[Unknown]
Are there other matters for the morning hour? Seeing none, I would ask that the clerk please call the calendar.
[Unknown]
Senate calendar for Tuesday, February 2nd. Uncontested calendar, Senate bills on third reading.
[Unknown]
The Senator from James city county, Senator Norment .
Tommy Norment
Thank you, Mr. President. I move that all the Senate bills on the third reading on the uncontested calendar, which include all Senate bills on pages 1 through 11, including Senate bills 646 through Senate bill 712, be placed on their final passage in the block. In any Senator desires to remove a bill from the block, please do so after the clerk has read the number of the bill.
[Unknown]
Thank you, Senator. The question is shall the Senate bills on the uncontested calendar third reading, pages 1 through 11, Senate bill 646 through Senate bill 712, be placed upon their final passage in the block. With the understanding that any Senator desiring a bill removed from the block would do so after the clerk has read the number of the bill. All in favor of the motion will say aye. Those opposed, no. The motion is agreed to. The bills are before us in the block. The clerk will please read the number of the bill.
Tommy Norment
Senate bill of 64. Senate bill 1 13u. Senate bill 126, Senate bill 201. Senate bill 233. Senate bill 245. Senate bill 265. Senate bill 287, Senate bill 338, Senate bill 342. Senate bill 368, Senate bill 413, Senate bill 437, Senate bill 465, Senate bill 507.
[Unknown]
For what purpose does the Senator rise?
[Unknown]
Can Senate bill 507 come out of the block, please? And bye for the day.
[Unknown]
I'm sorry, I was hearing two things. Which bill?
[Unknown]
507.
Bill Howell
Thank you, Senator. Without objection, 507 will come out of the block and bye for the day.
[Unknown]
Senate bill 515.
[Unknown]
Mr. President, can you take Senate bill 515 out of the block.
Bill Howell
Without objection, Senate bill 515 will come out of the block.
[Unknown]
Senate bill 551, Senate bill 555, Senate bill 592, Senate bill 595, Senate bill 609, Senate bill 636, Senate bill 658 --
[Unknown]
Mr. President, over here.
[Unknown]
The Senator from Grayson .
[Unknown]
Can Senate bill 636 come out of the block and bye for the day?
Bill Howell
Without objection, Senate bill of 36 will come out of the -- 636 will come out of the block and bye for the day.
[Unknown]
Senate bill 658, Senate bill 665, Senate bill 683, Senate bill 712.
Bill Howell
Thank you, madam clerk. The question is shall the bills in the block pass. That is, all bills except for 507, 515, and 636. All in favor in passage of the bills will record that I votes yea, 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 39, nos 0.
[Unknown]
Jaes 39, nos 0. The bills in the block pass. Returning to Page 7. Senate bill 515, the Senator from Prince William County, Senator McPike .
Jeremy McPike
Mr. President, I move that the bill pass and speaking to the bill.
[Unknown]
The Senator has the floor.
Jeremy McPike
Senate bill 515 would allow and create a framework for vdot to allow food trucks in planning district 8, northern Virginia. These are och end areas that -- often areas that have influx of commuters day in and day out throughout the day and it's important we look at ways to allow enterprise to allow more convenience for our commuters. This provides a framework for vdot to create rules for the solicitation of proposals for food vendors to aid in that process and modify the bill pass.
[Unknown]
Thank you, Senator. The Senator from Fairfax city, Senator peerntz.
[Unknown]
Would the gentleman yield for a question? He yields, Senator .
[Unknown]
I ask the gentleman, if you have a mobile food vending truck and you park it on the boundary between two jurisdictions so the front two wheels are in one community and the back two wheels are in another community and one community has a meals tax and the other does not, how does the vendor arrive at the appropriate tax and how does he remit that tax back to the locality?
[Unknown]
The Senator from Prince William County .
[Unknown]
Mr. President, I 'd answer the Senator that it would certainly be proportional to the amount of bumper that resides in the other county.
[Unknown]
Further question, Mr. President.
[Unknown]
Does the Senator yield?
[Unknown]
I yield.
[Unknown]
I ask the gentleman how it would impact that calculation if the vehicle is actually moving at the time the ordered made.
[Unknown]
Senator from Prince William County .
[Unknown]
Mr. President, the answer the Senator, that I 'm not sure what the rate of speed or calculation of rate or distance would be to make that calculation, but I 'm sure vdot has a formula to do that for you.
[Unknown]
I thank the gentleman for his candor.
[Unknown]
Thank you, Senator. The Senator from Alexandria, Senator Ebbin .
Adam Ebbin
Thank you, Mr. President. For the gentleman yield for a question?
[Unknown]
Would the Senator from Prince William County yield for a question?
Adam Ebbin
I yield.
[Unknown]
I yields, Senator .
[Unknown]
I would ask the gentlemen if it's true the gentleman is a volunteer firefighter.
[Unknown]
Senator from Prince William County .
[Unknown]
This is true. Mr. President.
[Unknown]
Further question?
[Unknown]
Senator yield for an additional question?
[Unknown]
I yield.
[Unknown]
I would ask the gentlemen if he's aware of the fire at lab brat sta food truck in Fairfax County just on Monday where the driver and passenger were
[Unknown]
The Senator from prince injured. William county.
[Unknown]
I am not.
[Unknown]
Mr. President, I would ask the gentleman how his bill would impact these fires that seem to be breaking out among food trucks.
[Unknown]
The Senator from Prince William County .
[Unknown]
Certainly this code provision does not anticipate motor vehicle safety standards related to food trucks. One provision that falls under the health code as well as fire protection permits required by the food truck, this is not dealing with that provision.
[Unknown]
Thank you, Senator. The Senator from Alexandria .
[Unknown]
May I ask the gentlemen another question?
[Unknown]
Would the gentlemen yield for an additional question.
[Unknown]
I yield.
[Unknown]
He yields.
[Unknown]
I would ask the gentleman and I 'll say that in one question, if he's familiar with a food truck in california, an overregulated state with plenty of food regulations, where a 4-year-old girl on September 1st, 2015, experienced pain and swelling in her abdomen and stopped eating.
[Unknown]
Senator from Prince William County .
[Unknown]
Mr. President, I am certainly not aware of that condition, but I can speak to the ones I am familiar with, and the Senator from Alexandria May have frequented several of these. They might be wrights delight tack coulds, voodoo chicken, Plum crazy for barbeque, life in sweet llc, fat yummy's, carolina q, feeling crabby, healthy food truck and many more that May come to a commuter lot near you soon. Mr. President.
[Unknown]
Thank you, Senator. The Senator from Alexandria .
[Unknown]
Mr. President. Thank you.
[Unknown]
The Senator from Buckingham, Senator Garrett .
Tom Garrett
Mr. President, would the patron yield for a question?
[Unknown]
Would the Senator from prince? Yield for a question?
Tom Garrett
I yield.
[Unknown]
He yields, Senator .
[Unknown]
I ask the patron if he's familiar with the pulitzer prize winning work of rebecca jennings who wrote, 2014 is the year the food truck died, who killed it?
[Unknown]
The Senator from prince
[Unknown]
Mr. President, I am not william county. Familiar with that body of work.
[Unknown]
Would the patron yield for another question fm is the patron aware of the tragedy in vienna, austria, last year where 71 people were found dead in a food truck?
[Unknown]
The Senator from Prince William County .
[Unknown]
Mr. President, I certainly am not.
[Unknown]
Thank you, Senator .
[Unknown]
Mr. President, final question.
[Unknown]
The Senator yield for an additional question?
[Unknown]
I yield.
[Unknown]
Doesn't legislation like this invite just that type of tragedy to planning district 8?
[Unknown]
The Senator from Prince William County .
[Unknown]
I think that the Senator -- Mr. President, thank the Senator for the concern for our planning district 8 and certainly it's part of the issues we can move forward with and deal with the health department as issues May arise.
[Unknown]
Thank you, Senator. The senior Senator from Henrico, Senator McEachin .
Don McEachin
Mr. President, would the Senator yield for a question?
[Unknown]
Does the gentlemen from Prince William County yield for a question?
Don McEachin
I yield.
[Unknown]
I would ask the Senator, does this make it easier or harder to have these mobile food vending trucks on the roads of planning district 8?
[Unknown]
Senator from Prince William .
[Unknown]
It provides the framework for the crew to move lot to lot with the conditions that localities approve the use of food trucks at the lot.
[Unknown]
The senior Senator from Henrico .
[Unknown]
Further question, Mr. President.
[Unknown]
Would the Senator yield for an additional question?
[Unknown]
I yield.
[Unknown]
He yields, Senator .
[Unknown]
Mr. President, understanding that the Senator is a freshman Senator and will certainly be the target of the other side come his next re-election bid, wouldn't he be better served by trying to keep these vehicles off the roads of planning district 8 since he has such a horrible traffic congestion situation up in planning district 8?
[Unknown]
The Senator from Prince William .
[Unknown]
Mr. President, I 'd answer the Senator that these actually, because they're going to the commuter lots, we keep them off the highways from going to Arlington and Alexandria during the morning commute, so this is a traffic prevention measure.
[Unknown]
Thank the Senator .
[Unknown]
Thank you, Senator. The Senator from Fauquier, Senator Vogel .
Jill Holtzman Vogel
I wonder if the patron would yield for a question.
[Unknown]
Would the Senator from Prince William yield for a question?
Jill Holtzman Vogel
I yield.
[Unknown]
He yields.
[Unknown]
Thank you, Mr. President. I wonder if the Senator from Prince William believes there should be special tolling for food trucks.
[Unknown]
Senator from Prince William .
[Unknown]
Mr. President, I 'd answer the Senator from Fauquier that that tolling May be a personal result of eating at some of the delis or carolina q or other potential food vending trucks, but not a special toll.
[Unknown]
Mr. President, would he yield for an additional question?
[Unknown]
The Senator yield for an additional question.
[Unknown]
I yield.
[Unknown]
Is he aware that there are some members of this body who believe there should be additional wings for food trucks to be sold?
[Unknown]
The Senator from Prince William .
[Unknown]
Mr. President, certainly not aware that there's a food truck rapid transit lane desired by other members across the aisle, but that's certainly something we can take a look at.
[Unknown]
Mr. President, perhaps a hot sweaty lane for food trucks. Mr. President, if he would yield for an additional question?
[Unknown]
I yield.
[Unknown]
I wonder if the Senator is aware that the Senator from Grayson is vehemently opposed to food trucks?
[Unknown]
The Senator from Prince William County .
[Unknown]
Mr. President, I am not aware of his --
[Unknown]
And I wonder if the Senator from Prince William is aware that the Senator from Grayson believes that the Senator from Prince William 's name is mcpeek? [ laughter ]
[Unknown]
Senator mcpeek.
[Unknown]
Mr. President, I am certainly aware that the Senator from Grayson, Senator careeco does desire to call me by that name, Mr. President.
[Unknown]
Thank you, Senator .
[Unknown]
Thank you, Mr. President. I have no further questions.
[Unknown]
Thank you, the Senator from Franklin, .
[Unknown]
Would the Senator yield for a question squloom gloo I yield.
[Unknown]
He yields, Senator .
[Unknown]
Mr. President, I would ask my friend, does allowing all of these food trucks in planning district 8 with all of that food in those commuter lots, it does make it easier for big foot to camp out in these lots [ laughter ]
[Unknown]
Senator from Prince William County .
[Unknown]
Mr. President, I 'd respond to the Senator that it certainly could invite additional big foot sightings and we'll certainly let the Senator know should additional sightings be found.
[Unknown]
I thank the gentlemen.
[Unknown]
Yes, sir, thank you as well. The question is shall Senate bill 515 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? [ laughter ]
[Unknown]
Ayes 32, nos 2.
Bill Howell
Ayes 38, nos 2. The bill passes. [ applause ] the clerk will close the roll.
[Unknown]
For those of you that are in the gallery, this was Senator McPike 's first bill and I think he did a great job fielding some of these perhaps irrelevant you are here to witness his questions. First bill, so thank you. Madam clerk.
[Unknown]
Regular calendar, Senate bills on third reading. Senate bill 446, a bill to provide for the submission to voters of a proposed amendment to the constitution of Virginia adding to arlt one a second numbered 11-a relating to the right to work.
[Unknown]
Senator from Rockingham, Senator Obenshain .
Mark Obenshain
I move the bill pass. Speaking to the bill.
[Unknown]
The Senator has the floor.
Mark Obenshain
Mr. President, members of the Senate, this is the ballot companion to the right to work constitutional amendment. Virginia is one of the states in america that has right to work laws, and quite frankly, our right to work law here is a civil liberty law. It protects the rights of virginians to work without being compelled to join unions, and Mr. President, I would point out also that of the 22 states that have right to work laws, they are responsible for 72% of the household job growth in america over the course of the past five years. Now, our right to work laws here in the commonwealth of Virginia are really one of the -- one of the foundational components of our economic development effort in trying to bring jobs to Virginia, to try to bring opportunity to our kids graduating from high school and college. We have our right to work laws and I hope we'll always have a right to work law. However, the problem is that our right to work laws are subject to the vagaries of future members of the general assembly. Now, I 'd like to think that we're always going to have 21 members, 22, 23, 24, 25, 30, 40 who would support our right to work laws. However, I don't think that that's reasonable to believe that we are in the future going to be able to count on our successors to stand up and protect the rights of virginians to work without being compelled to join unions. You know, I 've heard over the course of years that, for crying out loud, we don't need this in the constitution, it's a statute. Right to work belongs in the code books, it doesn't belong in our constitution. Well, you know what? Our right to work laws are under attack, and we need to protect them. We want to make sure -- we've got to make sure that in the future, it's not our ability to water down and diminish the impact of our right to work laws, but we want to put that authority in the hands of the people of the commonwealth of Virginia. Let me give you an example of how our right to work laws are at risk. Just down the hill, we've got the attorney general's office. Virginia is a right to work state. However, one of the seminal right to work cases was decided by the united states -- is in the united states freedom court over the past year. It affects the rights of teachers in california to work without being compelled to join the union or pay union dues. The california teachers association case was in the united states supreme court. Of all things, of all things, Virginia 's right to work attorney general filed a brief in that case not supporting our right to work position here in the commonwealth of Virginia, but supporting the california teachers union's ability to compel membership and compel the payment of fees, a position that is antithet tick cal to our right to work laws. I'd like to think that nobody involved in public policy making in the commonwealth of Virginia poses a serious threat to our right to work laws. However, I have to say, I ran a campaign this past year in which I ran against an opponent who traveled up and down the Shenandoah valley campaigning on the principle and the issue of she thought that we needed to repeal our right to work laws. We've got an attorney general in Virginia who seems to think that our right to work laws are antiquated, antithetical to our principles and took a position in the united states supreme court completely contrary to our public policy in Virginia. So with that, Mr. President, I would suggest that it is time for us to give to the people of the commonwealth of Virginia the choice as to whether to permanently embed in our constitution the protections afforded to working virginians in our right to work laws.
[Unknown]
The senior Senator from Fairfax County, Senator Saslaw .
Dick Saslaw
You know, Mr. President, members of the Senate, I 've been here a long time, 41 years, and I just now found out that our right to work law is under attack. I'll be darned. In 41 years that I 've been here, and let me tell some of you how the right to work law came about, it's part -- it was part of the taft-hartley act in 1948. I wasn't here then, but I heard about it. He thinks I knew Henry ford. But anyway, it gave states the right to pass and enact legislation at the state level to bar copulsory unionism and Virginia was one of many states that did that and by the way, I could be wrong, the situation that he described in california, I don't believe they're a right to work state. We are. That's the big difference. And like I said earlier, in 41 years, nobody -- nobody -- has ever it in a bill -- nobody -- to repeal the right to work. Not a single person, and I would doubt, give vent make-up of the general assembly prior to when I got here, that was a pretty conservative group, particularly with respect to economics. I would doubt if anybody there ever put in a bill. So it's been in effect for about 68 years and nobody, as far as I know, has ever put in a bill to repeal it after we enacted that under provision 14-b. It doesn't belong in the constitution, and if you want to stick a finger in the eye of the afl-cio, fine, that's your right, but no one should vote for this thing thinking that for one split second, not even a millisecond, is our right to work law threatened. And, you know, the only thing -- I 've told people, what's left? Okay? We going to put -- somebody wants to run for statewide office, count on it, count on it, you're going to see somebody come in here and want to put .08 in the constitution. Okay? Because .08, okay, is under attack. I mean, that's just nonsense, and we don't need the right to work law -- it's not in any jeopardy and I don't care who the toerges, whether it's the -- attorney general is, whether it's the occupant that has the job now or his predecessor, the right to work law is not under threat by anybody. And as I said and I 'm pretty sure, california is not a right to work state, which is why that thing is -- how that whole thing came about. You can't force anybody to pay union dues as a condition of employment in Virginia because we have a right to work law. And like I said, even when, you know, our side has been in control of commerce and labor, no bills have ever been put in and no bills would ever get out of committee for that. So what I maintain is that this is -- this simply is not needed. I mean, you take a look at some of the amendments we put in there. The right to hunt and fish, constitutional right to hunt and fish. Give me a break. I know who put it in, okay? [ laughter ] I know who put it in. First off, name me another state in america who has a constitutional amendment that's only good six days a week? Okay? We're the only state in america that's got a constitutional amendment that's not valid on sundays. Huh? I voted for it, yes. I voted for it to make it good seven days a week. So anyway, I mean, if it's good for six days a week, I ought to be good for seven days a week. So we don't -- you know, we don't need this. Senator Colgan pointed out a couple years ago that we have had, since 1972, I think when this new constitution -- and I 'm looking towards the majority leader for affirmation, I think that's when they rewrote the document we operate under -- Colgan said that since then, there have been more than 1,000 attempts to amend our constitution. During that same period, and it's been amended like 48 or 49 times. During that same period, the u.S. Federal constitution has only been amended twice. During that same period. And like I said, I mean, what we're doing is we're turning the constitution into the code of Virginia and I won't, you know, transgress on your time anymore. I will just hope you vote this thing down.
[Unknown]
The senior Senator from Loudoun, Senator Black .
Dick Black
Thank you, Mr. President. Speaking to the issue.
[Unknown]
The Senator has the floor.
Dick Black
I certainly am a great admirer of the senior Senator from Fairfax. I would hope that if we are all in such unanimous agreement about the right to work, that we'll get a vote of 40-0 on this measure. That would certainly be appropriate, but I am reminded, in thinking through this, that, you know, certain things we just -- we just know that are going to be unassailable. I don't know of any time that anyone has ever taken action to unilaterally rescind concealed carry reciprocity with 25 other states. That was inconceivable. Nobody would ever think that such a thing would happen. But it has. And so there are certain things that, when we're talking about rights that are very fundamental to us and very important, certainly, certainly the right to work in Virginia is a very fundamental right. I think it makes sense that we do make it more difficult for someone to play mischief with it, and if we can have someone just simply with a stroke of a pen abrogate agreements that we've had with 25 other states through democrat, republican administrations, over time, it does leave people somewhat distrustful about the concitizen newt of their government -- continuity of their government and what it might do, and so I would hope that we get 40 votes for this because we obviously all agree, we all agree that right to work is the thing to have in Virginia and so with that, I would certainly urge passage of this.
[Unknown]
Thank you, Senator. I'll come back to you, Senator, in just a second. Senator from Buckingham, Senator Garrett .
Tom Garrett
I'd be delighted to defer to the Senator and hold my comments until after, Mr. President.
[Unknown]
Thank you, Senator. The senior Senator from Fairfax .
Tom Garrett
Would the senior Senator from Loudoun yield for a question?
[Unknown]
I yield.
[Unknown]
He yields, Senator .
[Unknown]
Is the senior Senator from Loudoun aware that, I believe when we passed that concealed weapons statute back in the mid '90s, we had a requirement in there that never got enforced until apparently about six weeks ago that the states had to have at least as stringent a requirement for concealed permits as we did. Is the Senator aware of that?
[Unknown]
The senior Senator from Loudoun .
[Unknown]
I would respond, Mr. President, I am familiar with the process that was followed and there was a certain understanding that the spirit of the law would be followed and that the spirit of the law was followed under administrations republican and democrat, and I don't think anybody ever conceived that someone would simply sweep away agreements with half of the nation.
[Unknown]
The senior Senator from spirit of the law say they had
[Unknown]
I would ask, didn't the to have the same requirements that we had?
[Unknown]
The Senator from Loudoun .
[Unknown]
Well, I think obviously they did not have to have identical legislation. I think there was an understanding that it had to be Fairfax. Comparable, and I think it was found comparable over all these years, and then suddenly, it was not. That's -- that is my concern with this measure, is that if something that we all agree to universally can suddenly put -- be put into doubt, you know, nobody anticipated this. Absolutely nobody could have anticipated that move, and so I think when we have something as fundamentally important as this, I think people want to have assurance that there's not going to be some sudden surprise.
[Unknown]
The senior Senator from Fairfax .
[Unknown]
I thank the gentleman. I would just simply say that it appears that Mr. Herring gets criticized when he physicals our laws and he gets -- follows our laws and he gets criticized when he doesn't.
[Unknown]
The Senator from jefferson, Senator Garrett .
Tom Garrett
You're going to love this. We have an unprecedented activist rights on the hill in that building and so while everything that the senior Senator from Fairfax, with the exception of Sunday hunting, which we passed a bill on that a couple years ago, might have been accurate until the current occupant of that office was elected, it isn't now. That gentleman took a duty to uphold the laws of Virginia and has at every turn worked to undermine the laws of Virginia and I 'll not sof end my tone because it's true. He campaigned on stopping focusing on social issues and said he would be an advocate to uphold Virginia law and immediately sawed off the wii of the electorate on marriage -- will of the electorate on marriage, on firearms --
[Unknown]
Let's be --
Tom Garrett
I'm speaking to the bill, Mr. President.
[Unknown]
Let's keep our discussion focused on this bill.
[Unknown]
I'm on -- yes, sir, Mr. President. On marriage, firearms, and on this. So to say nobody would ever carry this bill, and I want people to look this up, would carry this bill in Virginia, might have made sense right up until the attorney general of Virginia weighed in with the california teachers association in the supreme court case. The crux of that case before the supreme court is, man za story dues, that you should be forced to pay dues to be a member of an organization wherein you need to be in that organization to have a job and you're gosh darn right that's not the Virginia way and I hope it never is. No, maybe ten years ago that wouldn't be an appropriate argument because both sides of the aisle in Virginia agreed that right to work was right and it worked, but that's not the case anymore. A statewide elected official from Virginia has sided with mandatory union dues or else removing someone's ability to make a livelihood in an arena, so maybe you can make the argument that this wasn't ripe until it was and right now it is. Because what's happening down there breaks precedent with 400 years of who we are as virginians and that's why we need to pass this bill. Thank you.
[Unknown]
Thank you, Senator. The Senator from Rockingham, Senator Obenshain .
Mark Obenshain
Mr. President, I 've learned a lot this morning, and based upon the arguments that I 've heard, I guess if you like Sunday hunting, you'll love these and if you believe in concealed bills. Carry reciprocity, you're going to strote for the right to work -- vote for the right to work constitutional amendment. And bottom line is, if you really support our right to work laws in Virginia, if you really believe that they are not subject to attack, if you really believe that we ought to protect the 60-year heritage of our right to work laws, you're gonna love these bills, and I hope you will vote for this constitutional amendment. And vote for the ability to give this choice, not to us, but to the people of Virginia .
[Unknown]
Thank you, Senator. The Senator from Roanoke city, Senator Edwards .
John Edwards
Mr. President, speaking to this measure, Mr. President, we don't and should not amend the constitution willy-nilly just because somebody thinks, hey, it's a good idea to put something in the constitution even though there's not a problem. It's very clear, despite all this very confusing discussion way off point, in my opinion, in many cases, that the right to work law has been on the books since, I don't know, late '40s or thereabouts. Nobody has put in a bill. Nobody has put in a bill that I 'm aware of, in all these years, to change the right to work law in Virginia. It remains the law of Virginia, it's nobody trying to change it. This is completely unnecessary. I think we should vote no. Thank you, Mr. President.
[Unknown]
Thank you, Senator. The question is shall Senate bill 446 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.
John Edwards
Ayes 21, nos 19.
[Unknown]
Ayes 21, nos 19. The bill passes.
[Unknown]
Mr. President.
[Unknown]
For what purpose does the Senator rise?
Bill Howell
Not only to say hi to you, but to ask that Senate bill 506 goes bye for the day. >> Without objection, Senate bill 506 goes bye for the day.
[Unknown]
Senate bill 90, a bill relating to the statute of limitations, discovery rule.
[Unknown]
The Senator from western Fairfax County, Senator Morris sn.
[Unknown]
Thank you, Mr. President. I move the bill pass and speaking to the measure the
[Unknown]
Thank you, Mr. President. Senator has the floor. This legislation seeks to change Virginia 's statute of limitations rule for product liability as it relates to the implantation of medical devices. Currently Virginia 's room is that an individual has two years from the implantation of the medical device to file Suit. This legislation would add an exemption to the current exemption list, changing the statute to two years from the time -- changing the statute to two years from the time the injury is discovered. Often times the statute of limitations runs out before an individual discovers that their health ailment is the result of a malfunctioning medical device. This fixes that and I urge us to pass the bill.
Bill Howell
Thank you, Senator. The question is shall Senate bill 90 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 34, nos 6.
[Unknown]
Ayes 34, nos 6. The bill passes.
[Unknown]
Senate bill 111, a bill relating to punitive damages cap.
[Unknown]
The Senator from Fairfax city, Senator Petersen .
Chap Petersen
Thank you, Mr. President. I move that the bill pass and speak to the motion.
[Unknown]
The Senator has the floor.
Chap Petersen
Mr. President, ladies and gentlemen of the Senate, the last time we adjusted the cap on punitive damages, gas was a buck-60 a gallon and the redskins were the number one team in the Norfolk east. It was 1988. Since that time, the prrching power of $350,000 has changed significantly. Quite frankly, this bill was not on my radar screen until I had a case a couple years ago in which a client of mine had $12 million embezzled from him and we sued him and we had a jury trial in the eastern district of Virginia, Alexandria, and I want was one of those cases in which the jury asked the question, which as a trial attorney, as a plaintiff's attorney, it's the best question you can get, which was what is the limit on punitive damages in Virginia ? And we had to send a ♪ back to the jury room which simply said it was $350,000, and sure enough, on the verdict form, that's what we got. Now, we're still trying to collect that judgment and it will probably take generations, but the bottom lipe is I ran into one of the jury members. I saw his son play sports for Fairfax high school and I saw him at a game and we talked about the case, and he said, when they got that response back in the jury room, she thought we were joking. That in a jurisdiction like Virginia with all these companies and people and the economy that we have, that the punitive damages cap would be $350,000, which quite frankly, is, you know, that's what somebody makes in a year in some companies in some places. Now, granted, that's not what people make all around the state and that's not the state average, but the bottom line is $350,000 is a pretty paltry sum when you're filing a Suit for punitive damages which requires an intentional act to harm somebody such as embezzlement or striking somebody or doing somebody intentionally to harm that person. So again, the policy issue about having punitive damages, we've had that, you know, for years and years and years. This issue simply moves it from 50 to 500. -- 350 to 500. It is a pathetically modest increase. I ask you pass the bill.
[Unknown]
Thank you, Senator. The Senator from Chesapeake, Senator kos groefr.
Bill Howell
Thank you, Mr. President. Will the gentleman from Fairfax yield for a question?
[Unknown]
The Senator from Fairfax city yield for a question?
[Unknown]
I do, yes, sir.
[Unknown]
He yields, is rn.
[Unknown]
Thank you, Mr. President. I'd ask the gentleman, in his opening remarks, he referenced the redskins being first place in the nfc east. That was this year. That's all I wanted to say. Thank you.
Bill Howell
Yes, sir, thank you, Senator. The question is shall Senate bill 111 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 26, nos 14.
[Unknown]
Ayes 26, nos 14. The bill passes.
[Unknown]
Senate bill 117, a bill relating to opening of motor vehicle doors.
[Unknown]
The Senator from Fairfax city, Senator Petersen .
Chap Petersen
Thank you, Mr. President. I move that the bill pass and speak to the motion.
[Unknown]
The Senator has the floor.
Chap Petersen
Mr. President, ladies and gentlemen of the Senate, this is a bill that's come on this floor many, many times and I know that it's had its opponent and proponents. But basically, with the amendments that we made in committee, I think we made this bill more precise and sharp and basically what it has to do with, someone who opens a car door in incoming traffic so as to cause an accident will be assessed a minor civil penalty, but the bottom line is in a case where the insurance companies get involved, it would assign liability so the insurance company of the person that opens the door and causes the accident will pick up the accident. It's an important bill for our bicycle community and also for motorcyclists who both testified in favor of the bill and I prernt your peacing the bill.
Bill Howell
Thank you, Senator. The question is shall Senate bill 117 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]
Ayes 24, nos 16.
[Unknown]
Ayes 24, nos 16. The bill passes.
[Unknown]
Senate bill 127, a bill relating to the uniform powers of appointment act.
[Unknown]
The Senator from Roanoke city, Senator Edwards .
John Edwards
Mr. President, I move that the bill pass. And --
[Unknown]
The Senator has the floor.
John Edwards
By way of explanation, the uniform powers of appointment act was -- is given to us or comes from the wills, trusts and estates section of the Virginia bar association and the board of governors of the Virginia bar association. Currently the law of powers of appointment are set forth in the case law, the common law of Virginia, and to apply the powers of appointment concept and law sometimes is -- can be confusing and difficult. The uniform commission, commission on uniform laws has come up with a uniform powers of appointment act that several other states have now adopted and the recommendation is from the bar that we adopt that here in Virginia in ordinance to make it easier -- order to make it easier to follow and easy to apply. I renew the motion that the bill pass.
Bill Howell
Thank you, Senator. The question is shall Senate bill 127 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]
Ayes 37, nos one.
[Unknown]
Ayes 37, nos one. The bill passes.
[Unknown]
Senate bill 181, a bill relating to elective share of surviving spouse.
[Unknown]
The Senator from Russell County, Senator Chafin .
Ben Chafin
Thank you, Mr. President. I move the bill pass. Speaking to the bill.
[Unknown]
The Senator has the floor.
Ben Chafin
This bill would update Virginia 's augmented estates statutes. Those statutes were passed by the general assembly back in 1991 and this bill would provide an updated form that would recognize the -- would recognize the estate of both the decedent and also the surviving spouse as compared to the way that it is today, and today only, the decedents estate is valued. It would also provide a more equitable division, looking at short-term marriages versus long-term marriages, and would protect children in the event of a short-term marriage or where a claiming spouse is incapacitated. So I would say to the body that this measure is -- a verse of this measure is in place in a number of other states and it is the recommendation of the Virginia bar association. I hope it would be the will of this body to pass it.
[Unknown]
Thank you, Senator. The Senator from Alexandria, Senator Ebbin .
Adam Ebbin
Thank you, Mr. President. Would the Senator from Russell yaeld for a question?
[Unknown]
The Senator yield?
Adam Ebbin
I yield.
[Unknown]
He yields, Senator .
[Unknown]
Thank you, Mr. President. I'm by no fleens an expert in this and barely can understand the bill. I was just wondering, for example, it could be anywhere, but on line 116, it says if you've been married five years but less than six years, you receive just 30% of the estate of your spouse and I was wondering, where does the other 70% go if you don't have children or what would happen?
[Unknown]
The Senator from Russell .
[Unknown]
Mr. President, I would tell the Senator from Alexandria that I believe that if there is children involved, that there is other provisions that control what happens to two-thirds, what happens to those shares for the children, and I would say that this statute embodies a weighted return based upon the number of years of marriage, so that you have to be in a marriage for 15 years or greater in order to receive the maximum equity.
[Unknown]
Thank you, Senator. The Senator from Alexandria .
[Unknown]
Would the gentleman yield for one more question?
[Unknown]
I yield.
[Unknown]
He yields, Senator .
[Unknown]
I understand this is for people who don't have a will, but what I 'm still not clear on is who would get the rest the money? Is that based only on if you have children or brothers or sisters or something, they would
[Unknown]
The Senator from Russell. Get the rest?
[Unknown]
Well, you go back -- I would tell the Senator from Alexandria, Mr. President, that you had go back to the statutes of decent and if there is no -- des kreent, and if there is no children, the spouse would get it all under that situation.
[Unknown]
I thank the gentleman.
Bill Howell
Thank you, Senator. The question is shall Senate bill 181 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]
Ayes 39, nos one.
[Unknown]
Ayes 39, nos one. The bill passes.
[Unknown]
Senate bill 285, a bill relating to appeal from bail,
[Unknown]
The senior Senator from Henrico, Senator McEachin .
Don McEachin
Mr. President, I move the bill pass and speaking to the motion.
[Unknown]
The Senator has the floor.
Don McEachin
Mr. President, members of the Senate, Senate bill 285 has to do with bail. As you know, we have a certain statutory scheme in this commonwealth where we as a legislative body have said that certain crimes, if committed, the person is not entitled to bail. That presumption can be overcome by a judge who decides that, given the facts and circumstances of the case that, perhaps bail should be given in this particular circumstance. What this bill seeks to do is when that determination is done at the general district court level, the general district court judge then has to stay the matter for five days or for no more than five days to allow the commonwealth to appeal the matter to the circuit court. This has brought to me by the commonwealth attorney's office from the city of Richmond. It is supported by the commonwealth attorneys association. I hope it will be the pleasure of the Senate to pass the bill.
Bill Howell
Thank you, Senator. The question is shall Senate bill 285 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]
Ayes 33, nos 7.
[Unknown]
Ayes 33, nos 7. The bill passes.
[Unknown]
Senate bill 323, a bill relating to transportation and possession of firearms, persons subject to certain emergency protective orders, penalty.
[Unknown]
The Senator from Arlington, Senator favor la.
[Unknown]
Thank you, Mr. President. I move that the bill pass and speaking to the motion.
[Unknown]
The Senator has the floor.
[Unknown]
Thank you. What this bill does is when a police officer arrives in an instance of domestic violence and issues an emergency protective order and the subject of that emergency protective order is served with the order, this bill would require that that individual, the subject of the protective order, shall not possess a firearm while in the home of the alleged victim. This bill passed the Senate two years ago, 38-2. It is a very carefully crafted measure. I think that you all should find it within your good sense to support it. I remind you that emergency protective orders are only in effect for 72 hours, and this is very much referred to as a cooling down period. I do want to note that Dr. Monahan from the university of Virginia recently conducted a study and indicated that those who have violent behavior, even minor violent behavior, are at least eight times more likely than those with no prior history to escalate in their violent behavior. So I think this is a real public safety bill, but most importantly, I think it's a bill that really protects women and families. 85% of domestic violence victims are women and about 4,000 women die each year due to domestic violence. At certain points while this bill was going through its various iterations, the Virginia sheriff's department supported it, the Virginia association of the chiefs of police, the Virginia fraternal order of police, Virginia sexual and domestic violence alliance, the Virginia poverty law center, the coalition to stop gun violence, and many other groups. I just want to note that this bill is not part of the deal that the governor and the speaker crafted, in case some of you pieb wondering, emergency protective orders were not included in the recently announced negotiated deal. Having said that, I ask that the ladies and gentlemen of the Senate pass the bill.
Bill Howell
Thank you, Senator. The question is shall Senate bill 323 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]
Ayes 32, nos 3.
[Unknown]
Ayes 32, nos 3. The bill passes.
[Unknown]
Senate bill 556, a bill relating to opiate addiction treatment licensure, nonmethadone opioid replacements.
[Unknown]
The junior Senator from Loudoun, Senator Wexton .
[Unknown]
Thank you, Mr. President. I move the bill pass and speaking to the motion.
[Unknown]
The Senator has the floor.
[Unknown]
Thank you, Mr. President. I don't think I need to tell anybody in this chamber that the commonwealth, we here in the commonwealth are in the midst of a heroin and opiate epidemic. Fatal overdoses have now overtaken deaths from motor vehicle expect and firearms as the top preventable cause of death. And we need to take this problem on on the supply side, but we also naed to do what we can on the demand side and unfortunately, current Virginia law is preventing treatment providers from taking advantage of a new generation of medication assisted therapies, specifically sub objection component. Surge, dbhs cannot license that he program from using methadone or any opiate replacement within half a mile of a k-12 school or a daycare center. This bill would strike the language with regard to opiate replacement. Again, that would allow these treatment providers to administer sub boxone, a very different kind of medication from methadone. The methadone clinic exception would remain in the law. This is legislation that came at the request of our community service boards, which as many of you know are kind of the initial point of contact for many people seeking treatment across the commonwealth, and many of these groups or many of these boards are co-located or located within the geographic proximity of schools and daycares. They are already providing treatment to these patients and clients, but they are un-abe to provide them the kind of treatment that they really need to help tackle this problem. I would ask that the bill pass.
Bill Howell
Thank you, Senator. The question is shall Senate bill 556 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]
Ayes 34, nos 4.
[Unknown]
Ayes 34, nos 4. The bill passes.
[Unknown]
Senate bill 612, a bill relating to participation in public school interscholastic programs by students who receive home instruction.
[Unknown]
The Senator from Buckingham, Senator Garrett .
Tom Garrett
Thank you, Mr. President. Speaking to the bill.
[Unknown]
The Senator has the floor.
Tom Garrett
Mr. President, this bill has heretofore been referred to popularly as the tivo bill. I actually would take some exception to that nomenclature as Mr. Tebow is no longer engaged in the activity of football for a living and call it the equal access bill. I would speak briefly to it as I think that every member of the chamber is familiar with this legislation and only to the carve-outs that exist in the bill and these exist in order to address the concerns of any number of parties who have legitimate concerns about our public schools and the young people who will be introduced into them. Number one, a student must have home schooled for a period of two years in order to avail themselves of this opportunity. This is in this bill in order to address the concerns of those who fear that a student who night not be a good student, who night not be a good influence, a good fear to our children, might drop out of one school and declare themselves a homeschooler and then fate on the badminton team somewhere else. They simply can't do that here. Number two, any rules subject to discipline and behavior that apply to other members of the team would apply to the homeschooler. Number three, any reasonable fees or costs associated with participation in a sport May be levied upon the homeschoolers. And number four, and this is probably the most important, this is a by locality bill. That is, nothing in this bill forces any locality to admit any student to participate in any extra curricular activity, and so in this period of jefferson who said government closest to home is most responsive and best, this bill allows that option. Finally, Mr. President, there is a sunset of this bill in 2021, and there are any number of young people and fathers and mothers across the commonwealth who I think await our action today with great anticipation. I think it would be nice for Virginia for join 13 of 15 top education attaining states in the nation and become number 14 to allow this opportunity and I would note, as I close, that these opportunities are already allowed in Virginia as relates to science labs, drama, choir, other extra curricular activities. It's only the athletic field where we have an exception and I would ask, Mr. President, that yourself and the members of this chamber let the kids play ball. Thank you.
[Unknown]
Senator, if you could make a motion that the bill pass, I 'd appreciate it.
[Unknown]
Let the bill pass. Thank you, Mr. President. I move that the bill pass.
[Unknown]
Thank you, Senator. The Senator from Fairfax city, Senator Petersen .
Chap Petersen
Mr. President, speaking to the bill.
[Unknown]
The Senator has the floor.
Chap Petersen
Mr. President, ladies and gentlemen of the Senate, there's a lot of topics that come up in this body that I don't know a lot about and I vote anyway. And that's just kind of how it goes, but there's one topic I know a little bit about and that's high school sports. I'm one of those kids, I grew up, my only goal in life was to wear the colors for fairfaxless on the athletic field and that was really my dream and I got to play two varsity sports as a young man and I 've seen my daughters follow in my footsteps and hopefully pie son also, and it's -- my son also, and it's been a great joy to watch thesm participate and have the pride of representing the local community, but one of the principles I stand by is you want to wear that jersey on Friday night, you got to be willing to walk into that classroom Monday morning. We all make choices in life. You make a choice when you get married, divorced, start a business, run for office. The one thing I can tell my kids is choices have consequences and you have to be willing to accept consequences and that's part of being an adult and growing up. When you decide to homeschool your child, and that's an important choice and I 've supported friends that have done that and there are all sorts of reasons, both religious and nonreligious, to homeschool your child, but you have made a choice and that's an important choice and you need to accept the consequences ifs this bill is basically telling the Virginia high school sports league, the vhsl, how to conduct their business and you can say there's a local option. I don't read it that way. I read it that it's telling vhsl, you have to make homeschool students eligible whether or not they walk into that classroom on Monday morning. And I got to be honest, again, there May be all sorts of reasons that you can homeschool your child and it's the best choice for that child and for your family, but you're making a choice and you can't walk into that -- on to that athletic field and pretend you didn't make that choice, so I have nothing but respect for the gentleman from Buckingham. I'm actually a big fan of tim tebow, I loved him. Both on the field and off the field, I thought he was a great role model, but the bottom line is you got to make a choice and you got to live with the choices that you make, and so reluck stantly, I have to vote against this bill. Reluctantly, but I do believe when we teach our children to grow up, we teach them to live with the choices they make. Therefore, I oppose the bill.
[Unknown]
The senior Senator from Loudoun, Senator Black .
Dick Black
Thank you, Mr. President. I respect the gentleman's remarks. The problem with that argument is that there is no logical nexus between attendance at public school and going out on the football field. Now, there is a logical nexus between whether you pay for that football team and that football field and the facilities and so forth, and whether you should be able to go out on it. And homeschool families pay the full freight, they pay penny for penny as much for the public schools as anybody who attends the public schools. So the idea that somehow we should punish them because they're not in attendance at the public school, I just don't see a rational nexus between that. If somebody says, you know, it's my preference to attend religious studies at home, do we say that because you are not willing to forego your religious studies, you can't -- you can't play football? I mean, what is the logical nexus between attending the public school and playing if you're already paying the money for the field, for the all of the stuff that goes into financing it? I really believe that it is highly discriminatory towards children whose parents have elected to homeschool them, I think it's simply nothing more than punitive. We've got provisions in this bill that says that -- that say that the children have got to meet all of the behavior standards and so forth of everybody else. If you zopt behave, you get gooted off just like anybody -- booted off just like anybody else and that's fair. That's the way it ought to be, but ladies and gentlemen, I -- you know, I don't think people comprehend why we do what we do when we tell homeschoolers that they're prohibited from playing and I don't think there really is a rational basis for it. So I hope that you will pass the bill.
[Unknown]
Thank you, Senator. The Senator from Roanoke County, Senator surt line.
[Unknown]
Thank you, Mr. President. Speaking to the bill.
[Unknown]
The Senator has the floor.
[Unknown]
Just a few years ago, I had the opportunity and won a few varsity letters from a school in the Senator for Fairfax city's district. I understand the concerns he has and he talked about choices, but this bill provides two important choices. One, the local school division gets to decide if they want to allow this, and then secondly, it goes to the individual Head coach if they're going to allow the players to make the team. So this keeps all the choices local. Not just at the school division always the patron pointed out, but even down to the Head coach himself, so I hope we pass the bill.
[Unknown]
Thank you, Senator. The senior Senator from Fairfax County, Senator Saslaw .
Dick Saslaw
Mr. President, years ago, we had a state Senator here from up in the Winchester area by the name of russ Potts. He remarked that, you know, with respect to this, you're either in or you're out. You're either in the public schools or you're not. Now, I don't think anything has changed and as for this argument or discussion about, well, they're paying for the stadiums and they're paying for the schools, well, guess what? They're also paying for a b-1 bomber, but they don't get to fly it, okay? Just because you pay taxes doesn't mean you're entitled to that, you know, to that item. And it's the same with public schools. Okay? If you want to -- if you have the option, if you have the opportunity and option to go there, then go there. Don't complain that your kid is shut out of sports after you've decided to homeschool him? I mean, that's a little crazy, quite frankly. So if you want to -- you know, if you want your kid to participate in sports, then let him go to the public schools. I'm not going to go as for as what that Senator said that day about the kid laying on the couch all day and playing football at night, but I 'll tell you this. They've got a choice and they've made it a the Senator from Fairfax city has said, and that choice was they didn't want any part of public schools except maybe the extra curricular activity. Well, that's not how life works, so I hope the bill does not pass.
[Unknown]
Thank you, Senator. The Senator from Buckingham, Senator Garrett .
Tom Garrett
Thank you, Mr. President. I'm going to try to be brief, I 'm not very good at that. I want to it will a couple of things. First of all, they've got a choice, I agree. They have a choice, but who is they? Who is they? In this instance, the they is the parents. Deuteronomy 24:16 says don't jt child based on the faults or decisions of the paernss, so we're going -- parents, so we're going to shut the door on these kids who didn't get to decide based on something the parents said and the other thing that really troubles me, deeply troubles amend and reenact the argument that I hear made by people who I respect who have good values and strong beliefs. That just galls me. Is, yeah, but those people aren't like those people. Those people are different. Think about that. Think about that. Think about where we sit, what city we're in. Think about history, think about opportunity and opportunity denied. Now, think about categorizing a group of young people who in many instances, because of the faith of their parents, don't avail themselves of certainly opportunities and then justifying that action by going, yeah, but those people are not like everybody else. Of america. It's 2016 in the united states there was a time when that argument was common and it's still shameful to think of it. Don't hold the decisions of one group against another, and don't lump people in the categories that deny them equal access and equal opportunity just because somebody somewhere says they're not like everybody else. These are kids who want to play sports, nothing more, nothing less. I hope that it will be the pleasure thereof body to pass the bill.
Bill Howell
Thank you, Senator. The question is shall Senate bill 612 all in favor of the motion will opposed no. Record their votes aye, those 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.
Tom Garrett
Ayes 23, nos 16.
[Unknown]
Ayes 23, nos 16. The bill passes. The Senator from Alexandria ,
[Unknown]
Having voted on the Senator Ebbin. Prevailing side by which the bill just passed, I ask for a -- [ laughter ]
[Unknown]
No, no!
[Unknown]
Thank you, Senator .
[Unknown]
I vote yesterday. I ask that we reconsider.
Bill Howell
The question is shall the vote by which Senate bill 6 is it 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? The clerk will close the roll.
[Unknown]
Ayes 37, nos 0, rule 36-1.
[Unknown]
The motion is agreed to. The Senator from Buckingham .
[Unknown]
I'm going to speak slowly so everybody can get in the room. Having previously spoken to Senate bill number 612, I move that the bill pass. Thank you, Mr. President stwloot question is shall Senate bill 612 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]
Ayes 22, nos 17.
[Unknown]
Ayes 22, nos 17. The bill passes.
[Unknown]
Senate bill 666, a bill relating to special and personalized license plates, issuance to sex offenders.
[Unknown]
The senior Senator from Loudoun, Senator Black .
Dick Black
Thank you, Mr. President. I move that the bill pass and speaking to the bill.
[Unknown]
The Senator has the floor.
Dick Black
Ladies and gentlemen, this bill deals with -- essentially December with sexual predators. We had a complaint from an individual who came in, who had been -- who had been raped by a man, and discovered some time later that this man was driving around with a, you know, "I like kids" type of license plate. We've got about five pro-children license plates and what the bill does essentially is it says if you are on the session offender registry, you May not acquire those types of plates. That's the first part. The second part has a provision that says that if you are on the sex offender registry, you cannot have a set of words and numbers that are enticing to children. You know, you can't put something that says free candy for kids or spell it out with numbers and letters, and it gives the dmv discretion whether to, you know, whether the particular set of letters and numbers would be enticing to children. So that's essentially it. It basically is designed to keep sexual predators from using the special license plates as a mechanism to troll for kids. I hope it will be your pleasure to pass the bill.
[Unknown]
Thank you, Senator. The question is shall Senate bill 666 pass --
[Unknown]
Mr. President.
[Unknown]
For what purpose does the Senator rise?
[Unknown]
Would the Senator yield for a question or two?
[Unknown]
Would the senior Senator from Loudoun yield for a question?
[Unknown]
I rise.
[Unknown]
He yields, Senator .
[Unknown]
Would the Senator remind me of what's in the bill that -- and describe how the department of transportation or dmv has discretion over the letters or the combination of numbers or what have you?
[Unknown]
The senior Senator from Loudoun .
[Unknown]
Yes. The second provision -- the first provision is cut and dry. That's the one that deals with the plates themselves. The second provision basically says that dmv can use some discretion. If they see that the language, the words that are used by a sexual predator would be designed in their view to appeal to a child, then they can deny permission to have those words. So it really allows for the infinite array of combinations that might be -- that might be
[Unknown]
Another question, used. Mr. President?
[Unknown]
Would the gentlemen yield for an additional question?
[Unknown]
I yield.
[Unknown]
He yields, Senator .
[Unknown]
And I will admit to not having read the bill fully, but does the Senator suggest that this bill only applies to people on the sexual registry?
[Unknown]
I respond by saying absolutely, yes. It is only people on the sexual offender registry.
[Unknown]
Thank you.
[Unknown]
The Senator from Fairfax city, Senator Petersen. Would the senior Senator yield for a question?
Chap Petersen
I yield.
[Unknown]
He yields, Senator .
Chap Petersen
I'd ask the gentleman, registered sex offenders, is he aware those can include, for example, teenagers had a photograph of another teenager naked that they showed to others.
[Unknown]
I'd respond by saying, yes, I am aware that there are areas of the sex offender registry that perhaps this body needs to examine, but at the same time, I think the fact that there might be an occasional person who perhaps is denied the right to get some special -- we've got hundreds and hundreds and hundreds of special license plates, but only a very tiny number that deal with children and I think the problem of sex offenders and the people -- you know, most of the people on the sex offender registry are there because they have molested children, because they have raped women, because they have done very, very vile things, and we just -- we want to protect our children so that they're not subject to that type of thing.
[Unknown]
Further question, Mr. Chair.
[Unknown]
The gentlemen yaeld for a dish question?
[Unknown]
I do.
[Unknown]
I'd ask the gentlemen, and I don't deny what he's saying or I don't deny the importance of this subject, but let's say you had someone who's a registered sex offender that had a non-contact type of offense and let's say there's somebody that has a strong opinion on an issue. Let's say, for example, maybe they're pro life and they want to have a "choose life" license plate. Would they now be in violation of this law? In other words, we're saying that any bill that might have a benefit for children essentially, they can't have that license plate, but any indirect or direct benefit for children.
[Unknown]
The senior Senator .
[Unknown]
Thank you, Mr. President. I would respond by saying that there is nothing that would prohibit someone from receiving a "choose life" license plate. I wish that I had, for the gentleman, the -- I think there are five plates that dmv identified and the one that comes to mind most readily, there's sort of a kids license plate that has children's hand prints in red and blue and that type of thing. It is just those. It is a very, very narrow segment. Now, dmv does not have discretion to, to simply say, well, I think there might be some vague linkage of a particular plate to a child. The list of plates is very limited, very small. The only place that dmv has discretion in this is in the -- in evaluating the particular set of letters and numbers that are used so that, you know, if it's says, you know, "get free candy here," they're probably going to say maybe not. Pick another set. It's not designed, really, to be -- it's not designed to be punitive to these people. It is designed to keep them from using the license plates to troll for new victims.
[Unknown]
I thank the gentlemen.
Bill Howell
Thank you, Senator. The question is shall Senate bill 666 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]
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The bill passes.
[Unknown]
Uncontested calendar, Senate bills on second reading.
[Unknown]
The Senator from James city county, Senator Norment .
Tommy Norment
Thank you, Mr. President. I move all the Senate bills on the second reading on the uncontested calendar be engrossed and advanced to its third reading in the block after the adoption of any amendments. Any Senator who desires to remove a bill should please do so after the clerk has read the number of the bill. That would include all Senate bills on pages 16 through 19, including Senate bill 621 through Senate bill 557.
[Unknown]
Thank you, Senator. The question is shall all Senate bills on second reading of the uncontested calendar on pages 16 through 19, Senate bill 621 through Senate bill 557 be engrossed and advanced to its third reading in the block after the adoption of the amendments there to. That any Senator desiring to remove a bill from the block would do so after the clerk has read the number of bill. All in favor of the motion will say aye. Those opposed, no. The motion is agreed to.
Tommy Norment
Senate bill 249, reported from committee on rehabilitation and social services with substitute.
[Unknown]
The senior Senator from Loudoun, Senator Black .
Dick Black
Thank you, Mr. President. I move the committee substitute.
[Unknown]
Thank you, Senator. The question is shall the substitute be agreed to. All in favor of the motion will say aye. Those opposed, no. The ayes have it. The committee substitute is agreed to.
Dick Black
Senate bill 253, reported from committee on rehabilitation and social services with substitute.
[Unknown]
The junior Senator from Virginia beach, Senator DeSteph .
Bill DeSteph
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 committee substitute is agreed to.
Bill DeSteph
Senate bill 283, report from committee on agriculture, conservation and natural resources. Senate bill 292, reported from committee on agriculture, conservation and natural resources with substitute.
[Unknown]
Senator from Augusta, Senator Hanger .
Emmett Hanger
Mr. President, I move the committee substitute be agreed to.
[Unknown]
Thank you, Senator. The question is shall the committee substitute be agreed to. All in favor of the motion will say aye. Those opposed, no. The ayes have it. The committee substitute is agreed to.
Emmett Hanger
Senate bill 367, reported from committee on agriculture, conservation and natural resources with amendment.
[Unknown]
The Senator from Hanover, Senator McDougle .
Ryan McDougle
Mr. President, I move the committee amendment be agreed 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.
Ryan McDougle
Senate bill 385, reported from committee on rehabilitation and social services with amendment.
[Unknown]
The Senator from Augusta, Senator Hanger .
Emmett Hanger
Mr. President, I move the committee amendment be agreed 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
Emmett Hanger
Senate bill 455, reported agreed to. From committee on rehabilitation and social services. Senate bill 557, reported from committee on agriculture, conservation and natural resources.
[Unknown]
Thank you, madam clerk. The question is shall the Senate bills be engrossed and advanced to its third reading all in favor of the motion will say aye. Those opposed, no. The ayes have it. The bills are engrossed and advanced to its third reading
[Unknown]
Regular calendar, Senate bills on second reading. Senate bill 610, a bill relating to recognition of out-of-state concealed handgun permits. The committee substitute has been adopted by the Senate .
[Unknown]
Mr. President, can I ask that bill go bye for the day.
Bill Howell
Thank you, Senator. Without objection, Senate bill 610 will go bye for the day.
[Unknown]
Senate bill 278, a bill relating to child welfare agencies, background checks. Reported from committee on rehabilitation and social services.
[Unknown]
The junior Senator from Loudoun, Senator Wexton .
[Unknown]
Mr. President, I move this bill be engrossed and advanced to its third reading.
Bill Howell
Thank you, Senator. The question is shall the bill be engrossed and advanced to its the motion will say aye. Third reading all in favor of the ayes have it. Those opposed, no. The bill is engrossed and advanced to its third reading
[Unknown]
Senate bill 344, a bill relating to hunting on Sunday, rails. Reported from committee on agriculture, conservation and natural resources.
[Unknown]
The Senator from Accomack, Senator Lewis .
Lynwood Lewis
Mr. President, I move that the bill be engrossed and advanced to its third reading.
Bill Howell
The question is shall the bill be engrossed and advanced to its 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
Lynwood Lewis
Senate bill 346, a bill relating to family and children's trust fund, taxation. Reported from committee on rehabilitation and social services.
[Unknown]
The Senator from Petersburg, Senator Dance .
[Unknown]
Thank you, Mr. President. Modify the bill be engrossed and advanced to its third reading.
Bill Howell
The question is shall the bill be engrossed and advanced to its 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]
Senate bill 466, a bill relating to guardianship, communication between incapacitated person and others. Reported from committee on rehabilitation and social services with substitute.
[Unknown]
The senior Senator from Virginia beach, Senator Wagner .
Frank Wagner
Thank you, Mr. President. I ask that the bill go bye for the day.
[Unknown]
Without objection, Senate bill 466 will go bye for the day.
Frank Wagner
Senate bill 732, a bill relating to assisted living facilities, hospice care. Reported from committee on rehabilitation and social services with amendment.
[Unknown]
Senator from Augusta, Senator Hanger .
Emmett Hanger
Thank you, Mr. President. I move that the committee amendment be agreed to.
[Unknown]
The question is shall the committee amendment be agreed all in favor of the foetion will to. Say aye. Those opposed, no. The ayes have it. The committee amendment is agreed to. The Senator from Augusta .
Emmett Hanger
Mr. President, I move that the bill be engrossed and advanced to its third reading.
Bill Howell
The question is shall the bill be engrossed and advanced to its third reading all in favor of the motion will say those opposed, no. Aye. The ayes have it. The bill is engrossed and advanced to its third reading.
[Unknown]
Uncontested calendar, Senate bills foirs reading.
[Unknown]
The Senator from James city county, Senator Norment ..
Tommy Norment
Mr. President, I now move that all the Senate bills on the first reading on both the uncontested and regular calendar, including all Senate bills on pages 21 through 23, including Senate bills 7 through Senate bill 248, that the rules of 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 21 through 23, Senate bill 7 through Senate bill 248 be dispensed 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.
Tommy Norment
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The reading of the titles is dispensed with. The Senator from James city county.
[Unknown]
Mr. President, I now move that all the bills be passed bye for the day, sir.
[Unknown]
The question is shall the Senate bills on the uncontested and regular calendars now on second reading go bye for the day. All in favor of the motion will say aye. No no. The ayes have it. The bills will go by for the day.
[Unknown]
Regular calendar, House joint resolution on third reading. House joint resolution 210, lexz of a supreme court of Virginia justice.
[Unknown]
The Senator from Rockingham ,
[Unknown]
Mr. President, can that go Senator Obenshain. Bye for the day?
Bill Howell
Without objection, hjr 210 will go befor the day.
[Unknown]
Regular calendar, Senate joint resolution on third reading, joint resolution 70, proposing an amendment to the constitution of Virginia relating to the right to work.
[Unknown]
The Senator from Rockingham, Senator Obenshain .
Mark Obenshain
Mr. President, I move that the resolution pass and speaking to that. Members of the Senate, this is the actual resolution that would amend the constitution to add the right to work law as we established before, if you support Sunday hunting, if you support gun reciprocity, if you support our right to work law, you will love this resolution. I would ask the members of the body to support this.
[Unknown]
The Senator from Fairfax city, Senator Petersen .
Chap Petersen
Gentlemen yield for a question?
[Unknown]
He yield.
Chap Petersen
He yields.
[Unknown]
Could the gentleman tell me, actually be on the ballot? When will this amendment assuming it passes.
[Unknown]
The Senator from rorking ham.
[Unknown]
Mr. President, it will be on the ballot this November .
[Unknown]
I thank the gentleman.
Bill Howell
Thank you, Senator. The question is shall hjr 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]
Ayes 21, nos 19.
[Unknown]
Ayes 21, nos 19. The resolution passes. The Senator from James city county, Senator Norment .
Tommy Norment
Mr. President, inquiry of the clerk, does that compleed today's calendar?
[Unknown]
Yes, sir
Tommy Norment
Yes, sir.
[Unknown]
Is there any other business to come before the Senate ? The Senator from Hampton, Senator Locke .
[Unknown]
Mr. President, a point of personal privilege.
[Unknown]
The Senator has the floor.
[Unknown]
Thank you, Mr. President. February 1st of every year mark the beginning of the historic and symbolic Black history month. Dr. Carter g. Woodson, phone as the father of Black history, started the negro history week in 1926. The month of February was chosen because both abolitionist and writer Frederick douglas and president abraham lincoln's birthdays fell within the no. The doctor believed that rather than focus on a few people in america, the community out on focus on on the number of african american women and men that contributed to the advancement of american civilization. The ultimate goal was to shift studying Black history for one week a year for studying it throughout the koirs of entire school year, for if the sudden I did of Black people was year ound, then the annual celebration of negro history week would no longer be necessary. In 1976, 50 years after the first celebration, president gerald ford expanded negro history week to Black history month. Further more, Black history should be viewed not as isolated and unrelated history, but inextricably as part of american history and world history. The 2016 theme for Black history month is hallowed ground, sites on african american memories. This year, we comem more rate the many sites that americans of african american descent created in history and simultaneously cemented their legacy. I would like to highlight four places in Virginia that are of historic significance. First the James a. Field House. James a. Field was born a slave in Hanover County, Virginia. He found refuge at fort monroe during the civil war in 1862 as a constra band of war. Fields was a part of the first graduating class of what is now Hampton university in 1871. He became the first Black judicial officer in Ward county, now Newport News. His House was utilized as his law office and proprietorship residence until his death in 1903. The James a. Field House is now part of the trails in Newport News. The thomas newsome family moved to Virginia. Through self determination and the solid education, newsome became a respected attorney, journalist, churchman and civic leader. His House was often used as the hub for local Black communities to congregate and discuss plans to fight against social injustices within the commonwealth. The newsome House is now a museum and cultural center also located in Newport News. The emancipation oak in Hampton. The emancipation oak is a tree located by the entrance of Hampton university. The peaceful shade tree served asth first classroom for newly freed men and women. Mrs. Mary peek conducted the first lesson taught under the oak tree. In 1863, members of the Virginia peninsula's Black community congregated under the emancipation oak for the first southern reading of president lincoln's emancipation proclamation. An act that accelerated the demand for african american education. The national geographic society designated the emancipation oak ass would of the ten great trees of the -- as one of the then great trees of the world. On April 5th, 1856, booker t. Washington was born a slave on the 207-acre farm of James burroughs. The booker t. Washington national monument in Franklin County commemorates the birthplace of one of america's most prominent african american educators and or raters of the late 19th and early 20th century. At this House, he worked as a slave, experienced the civil war, and finally heard the reading of the emancipation proclamation. Booker t. Washington recalls a soldier reading the emancipation proclamation to the slave owners in his book "up from slavery." he wrote, and I quote, after reading, we were all free and could go when and where we pleased. My mother standing by my side, leaned over and kissed her children. While tears of joy ran down her cheeks, this was the moment she had been praying for. Mr. President, I hope that each of you will at sometime visit these Virginia historic sites and learn more about the contributions of african americans to Virginia and to america. Thank you.
[Unknown]
Thank you, Senator. The Senator from Fairfax city, Senator Petersen .
Chap Petersen
Thank you, Mr. President. I rise for a series of announcement.
[Unknown]
Senator has the floor.
Chap Petersen
Mr. President, ladies and gentlemen of the Senate, today is three weeks away from our basketball game to benefit the massey cancer center which will be February 23rd. We will play the House of delegates. To some of the new members, as we like to say, in our side of the aisle, the republicans are our opponents, but the House is the enemy. Just make sure you keep that in mind. The bottom line is one of the things we do is raise money for charity. This is a charity fundraiser for the massey cancer center. We typically raise $40,000 amongst the whole institution. Amongst the state Senate, we're responsible for $10,000. Since I don't have Senator McWaters here anymore to write me a check to make up the balance, that means everyone has to be in for 250.
[Unknown]
Desteph, DeSteph .
[Unknown]
Okay, all right. Thank you, Senator DeSteph. Anyway, the bottom line is I will be sending my factor around to collect those checks, but 250 from each, that would get us to 10,000, which would be much appreciate by the folks at vcu massey cancer center. Second thing, if you want to play, we have practice every Tuesday night. I've had a few folks show. I need to get your details. Again, bring it to my office. They will have a fan dual competition where they have the rosters and there apparently will be some, of course, non -- I don't know how you're going to do that, but there will be some betting, an over-under. Notice the over-under for the number of personal fouls committed by Senator Reeves, you want the over and the number of missed lay-ups, by me, again, you want the over. The bottom line is if you want to play, make sure you check with my office. We can get your vital stats and list you on the program. Last thing, as the captain of the team, I take that responsibility seriously. As in politics, as in basketball, good recruiting is everything. I will tell you that, yes, trust me, the people I want are not on this floor. [ laughter ] I have been in conversation just recently as this morning with -- until carmello anthony came along, the holder for the three-point shooting for the new York knicks, I anticipate having very good people out there, but the bottom line is we got to be there to support them and, of course, suspend the massey cancer center, so again, check in with me if you want to May. We will be coming around to make sure we get those checks. We naed na 10,000 and the earlier the better. Thank you very much.
[Unknown]
Thank you, Senator. The Senator from James city
[Unknown]
Mr. President, rise for a county, Senator Norment. Couple of reminders, sir.
[Unknown]
The Senator has the floor.
[Unknown]
I know that each of us exhaustively read everything that is put on our desk, including the yellow sheets from yesterday. I'd like to remind you just of a couple of points that madam clerk pointed out. Number three, please remember that screens on your computer May be viewed by those seated in the gallery, even those without binoculars. If you look on the second Page, please note the following dates could involve late nate sessions and you -- late night sessions and you should plan your evening schedule accordingly. February the 16th crossover, February the 25th, House of introduction to complete work on the budget. Thank you, Mr. President.
[Unknown]
Thank you, Senator. The clerk will please report any announcements on the desk.
[Unknown]
Today, Tuesday, February 2nd: the education and health subcommittee on higher education will meet immediately upon adjournment in the fourth floor east conference room. Senators Saslaw, Black, Chase, Cosgrove, and Petersen. The committee on local government will meet one half hour after adjournment in Senate room b. The general laws and technology subcommittee number two will meet one half hour after adjournment in the third floor east conference room. Senators Stuart, Petersen, Vogel, Reeves, Wexton, Suetterlein, and Ebbin. The finance subcommittee on education will meet at 3:30, tenth floor conference room, senators Norment, Newman, Howell, Saslaw, Hanger, and Ruff. The privileges and elections subcommittee on certificate, oath, and confirmation review will meet at 3:30, Senate room a. Senators Reeves, Howell, and Chafin. The committee on privileges and elections will meet at 4:00, Senate room a. The education and health subcommittee on health will meet at 4:00, third floor east conference room. Senators Cosgrove, Black, Barker, Lewis, and Suetterlein. The finance subcommittee on capital outlay will meet at 5:00, tenth floor conference room, senators Norment, Saslaw, Ruff, Wagner, McDougle, and Alexander. Tomorrow, Wednesday, February 3rd: the finance subcommittee on public safety will meet at 7:30, tenth floor conference room. Senators McDougle, Howell, Norment, Lucas, Carrico, and Obenshain. The women's legislative roundtable will meet at 8:30, fourth floor east conference room. The committee on finance will meet at 9:00, Senate room b. The republican caucus will meet at 11:30, Senate room two. The democratic caucus will meet at 11:30, Senate room one.
[Unknown]
Thank you, madam. The Senator from Lynchburg, Senator Newman .
Steve Newman
Mr. President, I move that the Senate do now adjourn until 12:00 noon tomorrow.
[Unknown]
The question is shall the Senate stand adjourned until 12:00 noon tomorrow. All in favor of the most will say aye. Those opposed, no. The ayes have it. The Senate stands adjourn until 12:00 noon tomorrow. 12:00 noon tomorrow.