02/03/2016 Senate Proceedings

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Minutes

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

Prayer offered by The Reverend Steve Taylor, Nomini Baptist Church,
Montross, Virginia

ROLL CALL OF MEMBERS: quorum present

Motion of Senator Alexander dispensed with reading of Journal (36-Y
4-N)

COMMUNICATION FROM HOUSE (HN10202): reading waived (38?Y 2?N)

The House of Delegates has passed the following House bills: HB 25,
116, 172, 227, 230, 231, 232, 274, 319, 325, 343, 374, 388, 434, 437, 496, 497,
537, 574, 577, 589, 637, 641, 642, 676, 740, 771, 791, 802, 807, 825, 829, 900,
906, 918, 1032, 1058, 1077, 1117, 1128, 1266

The House of Delegates has agreed to the following House joint
resolutions: HJ 2, 123, 177, 197

House bills and joint resolutions referred: see February 4 Senate
Calendar

BILLS AND RESOLUTIONS REPORTED

From Finance: SB 17, 49, 50, 57, 135S rereferred to Education and
Health, 246, 444S, 460A, 589, 597S, 642, 646, 690, 715, 750

From Local Government: SB 153, 270, 309S, 329S, 414A, 451, 527,
549S, 705, 769

From Privileges and Elections: SB 574S, 588, 650 rereferred to
Finance, 686, 767, 770; SJ 6, 93, 127

BILL REREFERRED

From Local Government: SB 751 rereferred to Finance

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

SJ 141 - offered by Senator Surovell

SR 38 - offered by Senator Cosgrove

Bill presented, ordered printed and referred/ joint resolutions
laid on Clerks Desk under Senate Rules 11(b), (26)g and HJR 37: see February 4
Senate Calendar

CALENDAR

UNCONTESTED CALENDAR

SENATE BILLS ON THIRD READING

SB 621 - Read third time and passed Senate block vote (40-Y 0-N)

SB 249 - Read third time and passed Senate block vote (40-Y 0-N)

SB 253 - Read third time and passed Senate block vote (40-Y 0-N)

SB 283 - Read third time and passed Senate block vote (40-Y 0-N)

SB 292 - Read third time and passed Senate block vote (40-Y 0-N)

SB 367 - Read third time and passed Senate block vote (40-Y 0-N)

SB 385 - Read third time and passed Senate block vote (40-Y 0-N)

SB 455 - Read third time and passed Senate block vote (40-Y 0-N)

SB 557 - Read third time and passed Senate block vote (40-Y 0-N)

SB 507 - Out of block, Passed by for day

SB 636 - Out of block, Passed by for day

On motion of Senator Norment, the Senate recessed at 12:30 p.m. to
reconvene at 12:45 p.m.

The Senate reconvened at 12:45 p.m.

REGULAR CALENDAR

SENATE BILLS ON THIRD READING

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

SB 506 - Passed by for day

SB 278 - Read third time and passed Senate (40-Y 0-N)

SB 344 - Read third time and passed Senate (34-Y 6-N)

SB 346 - Read third time and passed Senate (40-Y 0-N)

SB 732 - Read third time and passed Senate (36-Y 3-N),
Reconsideration of passage agreed to by Senate (40-Y 0-N), Passed Senate (37-Y
3-N)

UNCONTESTED CALENDAR

HOUSE BILL ON SECOND READING

HB1220 - Read second time

UNCONTESTED CALENDAR

SENATE BILLS ON SECOND READING

SB 7 - Read second time, Committee amendment agreed to (voice
vote), Engrossed by Senate (voice vote)

SB 87 - Read second time, Committee substitute agreed to (voice
vote), Engrossed by Senate (voice vote)

REGULAR CALENDAR

SENATE BILLS ON SECOND READING

SB 197 - Read second time, Transportation substitute reconsidered
(39-Y 1-N), Transportation substitute rejected (voice vote), Finance substitute
agreed to (voice vote), Engrossed by Senate (voice vote)

SB 610 - Passed by for day

SB 466 - Passed by for day

SB 70 - Read second time, Engrossed by Senate (voice vote)

SB 71 - Read second time, Engrossed by Senate (voice vote)

SB 247 - Read second time, Committee substitute agreed to (voice
vote), Engrossed by Senate (voice vote)

SB 248 - Read second time, Engrossed by Senate (voice vote)

UNCONTESTED CALENDAR

SENATE BILLS ON FIRST READING

SB 46 - Rules suspended, constitutional reading dispensed (40-Y
0-N), Passed by for day

SB 51 - Rules suspended, constitutional reading dispensed (40-Y
0-N), Passed by for day

SB 150 - Rules suspended, constitutional reading dispensed (40-Y
0-N), Passed by for day

SB 169 - Rules suspended, constitutional reading dispensed (40-Y
0-N), Passed by for day

SB 193 - Rules suspended, constitutional reading dispensed (40-Y
0-N), Passed by for day

SB 204 - Rules suspended, constitutional reading dispensed (40-Y
0-N), Passed by for day

SB 210 - Rules suspended, constitutional reading dispensed (40-Y
0-N), Passed by for day

SB 227 - Rules suspended, constitutional reading dispensed (40-Y 0-N),
Passed by for day

SB 290 - Rules suspended, constitutional reading dispensed (40-Y
0-N), Passed by for day

SB 294 - Rules suspended, constitutional reading dispensed (40-Y
0-N), Passed by for day

SB 517 - Rules suspended, constitutional reading dispensed (40-Y
0-N), Passed by for day

SB 631 - Rules suspended, constitutional reading dispensed (40-Y
0-N), Passed by for day

SB 679 - Rules suspended, constitutional reading dispensed (40-Y
0-N), Passed by for day

REGULAR CALENDAR

SENATE BILLS ON FIRST READING

SB 418 - Rules suspended, constitutional reading dispensed (40-Y
0-N), Passed by for day

SB 704 - 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

SJ 140 - Rules suspended, taken up for immediate consideration
(40-Y 0-N), Agreed to by Senate

On motion of Senator Newman, the Senate adjourned in Memory of
Gabriel Prosser at 1:14 p.m. to convene Thursday, February 4, 2016 at
12 m. Pursuant to Rule 21(d)ii, the Clerk was ordered to receive committee
reports.

 

Transcript

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

[Unknown]
>>> The Senate will come to order. The senators will please take their seats. Those persons not entitled to the privileges of the floor will retire to the gallery. The senators and all in attendance will stand and be led in prayer by the Reverend steve Taylor, nomini baptist church, montross. Reverend Taylor, thank you. >> Good day esteemed gentlemen and ladies of the Senate of Virginia, staff, and visitors. I bring you greetings from the northern neck of Virginia, the waterman and farmers, the families, the teachers, the outdoorsmen and children and the seniors. For our in vocation I would like to consider the immortal words of the apostle paul who said and now I will show you the most excellent way. If I speak in a tongue to men and of angels but have not love I am only a resounding gong or a clanging symbol. If I have the gift of prophecy and can fathom all mysteries and all knowledge and if I have the faith that can move mountains but have not love, I am nothing. If I give all I possess to the poor and surrender my very body to the flames but have not love, I gain nothing. Love is patience. Love is kind. It does not envy, it does not boast, it is not proud. It is not rude. It is not self-serving. It is not easily angered. It keeps no record of wrongs. Love does not delight in evil but rejoices in the truth. It always protects. It always trusts. Always hopes. Always perseveres. In the end, these three remain, faith, hope and love but the greatest of these is love. If we would just bow our heads for a moment. These fine individuals to recall the reason they do what they do. Ledgegy slating, governing is tough stuff. Let us keep in mind why we do what we do. Not for the love of money. Not for the lust of pour he or -- power or personal gain, not for the delight of winning while the other side loses but rather to come together to serve those in love. We ask this in this task that you will be aided in all things by the holy spirit. Amen.
[Unknown]
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 Tuesday, February 2, 2016.
Bill Howell
The Senator from Norfolk, Senator Alexander moves the reading of the journal be waived. All in favor of waiving the reading of the journal please vote 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. Ayes 26 nos 4.
Kenneth Alexander
Ayes 36, nos 4. The reading of the journal is waived. The clerk will report any communications from the House of delegates. The Senator from James city cou.
[Unknown]
I would move that we waive the reading of any communications received in the House of delegates., sure.
Kenneth Alexander
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 ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 38, nos 2.
[Unknown]
Ayes 38, nos 2. The reading of the communication is waived. The clerk will report any communications from the governor.
[Unknown]
I do not have any, sir.
[Unknown]
Thank you, madam clerk. The time has come to recognize visitors to the gallery and take up other matters of morning hour. Senator Vogel .
[Unknown]
I rise for an introduction.
[Unknown]
The Senator has the floor.
[Unknown]
Thank you, Mr. President. It is my pleasure to direct your attention in the gallery this morning to a number of visitors who are here and I would like to welcome them just not on behalf of myself but also on behalf of the Senator from Spotsylvania, Senator Reeves. We have student and staff from germana community college in Fredericksburg and they are here to share future education plan made possible by the hard work at the community college and with us today is the president, Dr. David sams, professor jamie lenahan and dean pam Frederick and they are here with a group of students visiting the Senate and House gallery so I should hurry along so they can get over there. Extend to them the very, very warm welcome of the Senate. Thank you, Mr. President,.
Bryce Reeves
Thank you, Mr. Members of the college pleases rice. Thank you all for being here today. We have 23 great community colleges across the commonwealth and you play an interral part of the education process preparing folks to enter the work force. Thank you for being here today. I would ask the members of the Senate to join me in offering the members of the college the warm welcome of the Senate. [applause]
[Unknown]
The Senator from Norfolk ,
Bryce Reeves
Thank you Mr. President, I Senator Alexander. Rise for an introduction.
[Unknown]
The Senator has the floor.
[Unknown]
In the member members of the sorority joined by the national director of social action, crystal Jones as well as vivian henderson the chairman of the regional and state executive board. It is their 30th year here at the capital. Members of the sorority was founded on the campus of howard university on January 16, 1920. The international program, zetas helping other people excel through mind body and spirit serve people from all walks of live. Give the ladies the warm welcome of the Senate .
[Unknown]
Would members from the sorority please rise. You all are looking lovely today in your blue and we appreciate you traveling here to Richmond and advocating on what is of importance to you. Hope you a wonderful day here in Mr. Jefferson's capital. I would ask the members to join me in offering the members the warm welcome of the Senate. [applause]
[Unknown]
The Senator from Bath County, Senator Deeds. Mr. President I rise for an introduction.
[Unknown]
The Senator has the floor.
[Unknown]
We are pleased to have students from Mr. Cantor's government class from renaissance high school in Charlottesville today. Their students are going to participate in the model general asellabley -- general assembly in April. A high school for students in the ares science and or the humanities. The school focuses on interdisciplinary learning through a balanced program equally strong in the arts and academics. Today, there is some students in the House gallery but the students in our gallery, alex adam, nick keene, emily prentiss, jessica p rak, oh livey and history teacher an old friend of mine and spent a lot of summers up on the cow pasture in Bath County and I would appreciate if you would give the them a formal welcome of the Senate .
[Unknown]
Thank you, Senator. Would members from renaissance high school please rise. Welcome and sounds like you have a wonderful educational opportunity and certainly in a beautiful area of the commonwealth in Charlottesville. Thanks for taking time out of our busy schedule. Kind of a day away from soole to come to Richmond and learn how policy is made. I ask the members to join me in offering the members from renaissance high school the warm welcome of the Senate. [applause]
[Unknown]
Senator Lucas .
[Unknown]
Thank you, Mr. President. I rise for purpose of introduction.
[Unknown]
Floor floor.
[Unknown]
Seated in the gallery is chris fly a senior at Southampton academy in for his senior project, chris courtland. Chose learning state government from the inside out. As part of his project he has been job shadowing lieutenant governor for the past two days. After graduation, chris plans to serve a two year mission for his church and then return to Virginia attend vmi light Mr. President and take his commission in the navy. Mr. President, I would appreciate if you would extend to chris the warm welcome of the
[Unknown]
Thank you, I will. Senate. Chris, would you please rise. Great having you and hopefully you learned a little bit looking at what the lieutenant governor does from day-to-day and as I told you, you made an excellent choice in your college plans, that wonderful school, institute in Lexington, Virginia. I wish you all the best. I would ask the members of the Senate to please join me in offering chris the warm welcome of the Senate. [applause]
[Unknown]
The Senator from northern Fairfax County, Senator Howell .
[Unknown]
I rise for an introduction.
[Unknown]
The Senator has the floor.
[Unknown]
Thank you. We have today in the gallery members of the association of university women of Virginia. They are visiting today as part of their state lobby day. Since 1881, the aauw has been one of the nation's leading voices promoting equality for women and girls through advocacy, education, philanthropy and research. The first badge in Virginia was established here in Richmond in 1909 and right now we have 26 commonwealth. Branches throughout the aauw members have been meeting today with law makers on a variety of issues including legislation to eliminate the gender pay gap, legislation to build on our landmark human trafficking legislation that passed last year to advocating to ratify the equal rights amendment and also to increase transparency in our legislative processes. I hope you will give the aauw the warm welcome of the Senate .
[Unknown]
Would members from the american association of women of Virginia please rise. Welcome to the gallery and enjoyed visiting with you all earlier in the day and all of the issues that are so important to you, we appreciate you being here to advocate and hope you have a wonderful state here in Mr. Jefferson's capital. I would ask the members of the Senate to join me in offering members from the american association of university women of Virginia the warm welcome of the Senate .
[Unknown]
The the Senator from James [applause] city county, Senator Norment .
Tommy Norment
Thank you Mr. President. I rise for purposes of introduction, sir.
[Unknown]
The Senator has the floor.
Tommy Norment
Mr. President, ladies and gentlemen of the Senate, one of the real treats in intellectually gratifying experience I have is to teach at the college of william and mary and some of you heard me say before the measure of success for me at the conclusion of a semester is if I can encourage one young person to answer the call to public service and one of the ways that we do that is to try to engage and educate young people. Mr. President, I appreciate if you would extend a warm welcome to the representatives of Virginia 21 that are in the gal gallery today and I 'm certain that everyone in the chamber is familiar with Virginia 21 which actually is in its 13th year of existence and some of us are long enough in the tooth that we recall when they started this organization. But I would remind you Virginia 21 is a nonpartisan, nonprofit organization that engages young people focusing on policy issues that are very important to them. Some of these policy issues include accessible to higher education, financial considerations that are associated with that. And since they have organized they have signed up over 10,000, 10,000 new voters in 2013 alone. So, Mr. President, if you would be so kind as to please extend a very warm withing to these energetic and interested young people.
[Unknown]
Thank you, Senator. Would members from Virginia 21 please rise. Senator, they May be watching from another viewing area. But I would reiterate what you said, thank you all if you are watching for your advocacy, it is great to have young folks involved in policy making and all of you should be commended on registering the 10,000 voters from James city county referred to. That is what makes our democracy strong. Thank you for your efforts and welcome here. We hope you have a great visit in the capitol. I would ask you to join me in offering members of Virginia 21 the warm welcome of the Senate. [applause]
[Unknown]
The Senator from Arlington, Senator Favola .
[Unknown]
Thank you Mr. President I rise for an introduction.
[Unknown]
The Senator has the floor.
[Unknown]
Thank you. Mr. President today joining us in the gallery members of the Virginia league of women voters is. In is a nonpartisan group that has been around for a very long time. They are here promoting issues relating to increasing access to voting. So they are very interested in our nonpartisan redistricting bills and bills that would promote absentee voting without a reason. They are very dedicated. They participate in registering voters as well. I do want to note on Wednesday mornings at 8:30 the league is cosponsor of the women's roundtable. So if you all have bills that would improve the health or well being or perhaps the economic well being of women this group would be interested in hearing from you. This roundtable meets 8:30 on Wednesday mornings. Mr. President, I ask that the ladies and gentlemen of the Senate extend a warm welcome to the Virginia league of women voters.
[Unknown]
Thank you, Senator. Would members from the Virginia league of women voters please welcome to the gallery today. Rise. It is great having you visit and just as the Senator from Arlington said, we appreciate you advocating on the issues that are so important to you and to women across the commonwealth. I would ask the members of the Senate to join me in offering members from the Virginia league of women voters the warm welcome of the Senate. [applause]
[Unknown]
The Senator from Alexandria, Senator Ebbin .
Adam Ebbin
Thank you I rise for an introduction.
[Unknown]
The Senator has the floor.
Adam Ebbin
I have the pleasure of introducing three students from t.C. Williams high school in Alexandria contribution they are here to learn about the legislative process and promote restorative justice. They will continue their advocacy at the local and state levels. Sara beak, sal a and ajuna. They are accompanied by their school council and I hope you would extend to them the members of the Senate .
[Unknown]
Would the members of t.C. Williams high school please rise. Welcome. Home of the titans, right? There you go. Appreciate you all being with us today. I have heard a lot about your school. One of my staff attended your school. So we appreciate you being here today. And advocating for the importance of education at the high school level and hope you have a great visit here today. I would ask members of the Senate to join me in offering members of t.C. Williams high school the warm welcome of the Senate. [applause]
[Unknown]
The Senator from Augusta County, Senator Hanger .
Emmett Hanger
Thank you, Mr. President. Like to call to the member's attention the presence in the gallery of the president of blue ridge community ledge Mr. John down any who traveled with a number of community leaders here to talk to us about economic development and workforce credentialing issues. I would appreciate if you would welcome the visitors from the valley.
[Unknown]
Thank you, Senator. Would the members from blue ridge community college please rise. Welcome here today. I looked to the wrong concern of but as I said earlier, just we the gallery. Have such faith and pride in our community college system across the commonwealth and I appreciate you all being here today and advocating for the importance of community colleges. 23 we have across the commonwealth. Thank you all for being here. I would ask members to join me in offering members from blue ridge community college the warm welcome of the Senate. [applause]
Emmett Hanger
The Senator from Hampton, Senator Locke .
[Unknown]
Thank you, Mr. President. I rise for an introduction.
[Unknown]
The Senator has the floor.
[Unknown]
Mr. President, with us today are members of the Virginia women's equality coalition here for the advocacy day. They believe women and girls everywhere deserve an equal opportunity to par tase pit fully in civic, economic and political life irrespective of race, clark income, immigration status involving with the criminal justice system, disability, status, religion, sexual orientation or gender eye did init at this time. The coalition includes a wide variety of organizations who advocate for women's rights healthcare access immigrant and minority rights voting rights and much more. Our democracy functions best when every voice is heard which is why I 'm thrilled the women's equality coalition is here today to ensure Virginia women are heard in our capitol. Join with me in extending the warm welcome of the Senate .
[Unknown]
Would the members of the women's equality coalition please rise. Welcome and I know you have a large group here today and I suspect some are watching perhaps from another viewing area. But I enjoyed visiting with you this morning and it is always important for you all to come and again to talk about the issues and values that are important to you especially for women's rights across the commonwealth. I would ask the members of the Senate to join me in offering members from the women's equality coalition the warm welcome of the Senate. [applause]
[Unknown]
The senior Senator from Loudoun, Senator Black. Thank you Mr. President. I ask permission to present a bill to the dius and move for unanimous consent by way of explanation this is eceptionly a technical -- essentially a technical adjustment to a bill that we passed last year dealing with home schooling.
Dick Black
Thank you, Senator. The question is should the Senate grant unanimous consent to introduce a bill as described from the senior Senator from Loudoun. All in favor say aye. Those opposed, no. The ayes have it. The consent of the Senate is granted to introduce the bill. The Senator from Hanover, McDougle .
[Unknown]
I rise for an introduction.
Dick Black
The Senator has the floor.
[Unknown]
On behalf of myself and the Senator from Stafford I would like to get the Senate to give the warm welcome to our minister the Reverend steve Taylor from the nomini baptist church. Mr. Taylor is accompanied in the gallery today by george dean and if you can thank him forgetting our day off -- for getting our day off on a good vote.
[Unknown]
Would Reverend steve Taylor and your guest please rise. Welcome to the gallery, and Reverend Taylor thank you so much for being here this afternoon and getting us off to a good start. We appreciate your message and hope you come back and visit soon. I would ask the members of the Senate to please join me in offering the Reverend steve Taylor and his guest the warm welcome of the Senate. [applause]
[Unknown]
The Senator from Petersburg, Senator Dance .
[Unknown]
Thank you, Mr. President I rise for an introduction.
[Unknown]
The Senator has the floor.
[Unknown]
Thank you. Mr. President, in the gallery today we have a group of young women representing their organization known as heron stands for revolving beyond reject, obstacles and negative. They strive to create positive relationships with young women in our community by providing pg meaning networking opportunitieg opportunities and expanding educational development. They are accompanied that I bir director, Ms. Sinclair. I had the pleasure of meeting with Ms. Sinclair and she is passionate about the work that hebron is doing. I would ask that you give Ms. Sinclair and all of the representatives of hebron a warm Senate welcome.
[Unknown]
Would members from hebron please rise. Welcome to the gal ray andle thanks for making the trip to Richmond and I hope you all are having a good visit and enjoy watching the proceedings of the Senate. Enarching you for being here. I would ask the members of the Senate to join me in offering members from hebron, Virginia the warm welcome of the Senate. [applause]
[Unknown]
Is there any other business for the morning hour? The Senator from Augusta, Senator Hanger .
Emmett Hanger
Mr. President, thank you. I have been advised that a group from the Virginia assisted living association should be working their way into the gallery. I am not sure that they are there at this moment but I was asked to recognize the group. A nonprofit membership group that provides advocacy, education and resources to the assisted living industry throughout Virginia. The members represent the entire spectrum, providers of nonprofit and for profit large and small nursing homes and the organization has actively represented over 160 of these assisted living facilities. And over 13,000 residents are in or in that range. They were formed in 199 of and. I would ask if you would recognize this group.
[Unknown]
Thank you, Senator. Are members from Virginia assisted living in the gallery with us this morning or this afternoon? I suspect they May be watching from another viewing area but we welcome them to Richmond and appreciate their advocacy. I would ask members of the Senate to join me in offering members from the Virginia assisted living association the warm welcome of the Senate. [applause]
Emmett Hanger
The clerk will please call the calendar. Uncontested calendar. Senate bills on third reading.
[Unknown]
The Senator from James city, Senator Norment .
Tommy Norment
Mr. President, I respectfully move all the Senate bills on the third reading on the uncontested calendar which would include all bills on pages 1 through 5 including Senate bill 507 through Senate bill 557 be placed on the final passage in the block. If 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 5, Senate bill 507 through Senate bill 557 be placed on the final passage in a block, with the understanding that any Senator desiring a bill removed from the block will do so after the clerk has read the number. All in favor say aye. Opposed no. The ayes have it. The bills are before Senate block. The clerk will please read the numbers of the bills.
Tommy Norment
Senate bill 507.
[Unknown]
Mr. President.
[Unknown]
What purpose does the Senator rise?
[Unknown]
Request that it come out of the block and go bye for the day.
[Unknown]
With that objection, Senate bill 507 will come out of the block and bye for the day.
[Unknown]
Senate bill 636.
[Unknown]
Mr. President.
[Unknown]
Senator Carrico .
[Unknown]
Mr. President, can Senate bill 636 come out of the block and go bye for the day.
Bill Howell
Without objection, Senate bill 636 will come out of the block and bye for the day.
[Unknown]
Senate bill 621. Senate bill 249. Senate bill 253. Senate bill 283. Senate bill 292. Senate bill 367. Senate bill 385. Senate bill 455. Senate bill 557.
Bill Howell
The Senator from Roanoke County, Senator Suetterlein. The question is shall the bills in the block pass except for 507 and 636. All in favor say aye. Those opposed, no. All in favor of t he 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 ch ange their vote? The clerk will close the roll.
David Suetterlein
Ayes 40, nos 0. The bills in the block pass.
[Unknown]
Regular calendar. Senate bills on third reading. Senate bill 21, a bill to require the department of environmental quality to receive approval from the general assembly for a state plan to regulate carbon dioxide emissions from existing stationary sources prior to submitting the state plan to the u.S. Environmental protection agency for approval.
David Suetterlein
The Senator from James city .
[Unknown]
Thank you Mr. President. I apologize can the Senate stand in recess until 12:40 and the Senate republican caucus retire to the prayer room immediately.
[Unknown]
The Senate will stand in recess until 12:40.
[Unknown]
The Senate will come to order. The clerk will please call the calendar. On Page 6, Senate bill 21, a bill to require the department of environmental quality to receive approval from the general assembly for a state plan to regulate carbon dioxide omissions from existing stationary sources prior to submitting the state plan to the u.S. Environmental protection agency for approval.
[Unknown]
The Senator from Russell County, Senator Chafin .
Ben Chafin
Thank you, Mr. President. Having previously explained the bill, I move the bill pass.
[Unknown]
Thank you, Senator. If you could just refresh our memory just a little bit.
Ben Chafin
Yes, Mr. President, I will. This bill came before the chamber on third reading. This is the clean power plant bill. It requires general assembly approval for the clean power bill for the state implementation plan working in conjunction with the deq and the state corporation commission. It takes the issue back to the people, to this chamber, the people who elect us, and receives as much public input as possible. I hope it will be the pleasure of this body to pass the bill.
[Unknown]
Thank you, Senator. The Senator from James city county, Senator Norment .
Tommy Norment
Mr. President, I would rise and encourage everyone to support this very fine piece of legislation.
Bill Howell
Thank you, Senator. The question is shall Senate bill 21 pass. All in favor of the motion wille s aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
Tommy Norment
Ayes 21, nos 19.
[Unknown]
Ayes 21, nos 19. The bill passes.
[Unknown]
Senate bill 506.
[Unknown]
Mr. President.
[Unknown]
The Senator from Franklin .
[Unknown]
Senate bill 506 go bye for the day.
[Unknown]
Bye for the day.
[Unknown]
Senate bill 278, a bill relating to child welfare agencies; background checks.
[Unknown]
Senate bill 278 would help make daycares safer by closing two loopholes in hiring and employment practices within the these loopholes came to light daycares. After one of my constituents 4-year-old son was badly physically abused by a director at a day care in my district. She didn't learn about it from the die care. She learned about it from her son when he came home from daycare and complained of pain in his back and when she lifted up his shirt to see was covered with terrible rug burns and she came to find out he had been dragged by his ankles through the daycare over a wooden bridge and sustained some serious injuries as a result. She did what any mother would she made a stink and called cps do. And they investigated and they -- at the lowest level the investigative level there was a founded level of -- there was a founded complaint of abuse which the director of the daycare appealed. This constituent contacted the corporate parent and the director of the daycare was fired. So far, so good. While the complaint of abuse and neglect was on appeal she went out and immediately got a new job at another licensed daycare in neighboring Fairfax County and that was part of what brought this problem to light. She underwent a back ground check when she got the second job in Fairfax County. Because the abuse and neglect investigation was on appeal that information was not provided as a part of the background check. This bill would do two things to stop that sort of thing from happening again. Number one, it would have cps notify as a part of their registry background check when somebody is the subject of a current complaint of abuse or it would not prohibit them from neglect. Being hired but would give that information to anybody who would hire them. It would prevent any licensed daycare from continuing to keep that person in their employment once they learn of a barrier offense, that is the criminal offenses or a founded complaint of abuse or neglect that takes place after the hiring take thes place. That is probably more information than was necessary, Mr. President but this is an issue real forne me and my constituent to I move that the bill pass.
Bill Howell
Thank you, Senator. The question is shall Senate bill 278 pass. All in favor of the motion wills aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The bill passes.
[Unknown]
Senate bill 344, a bill relating to hunting on Sunday ; rails.
[Unknown]
Senator Lewis .
[Unknown]
Mr. President, members of the Senate, Senate bill 344 seeks to address what is essentially a drafting error in our Sunday hunting law. Current law allows under certain circumstances people to hunt raccoons or water fowl or private property to do so on sundays. The family was excluded from this. They are not water fowl. They are a webless migratory species. The department of gaming was kind enough to issue warnings, however, they started to issue citations for this. This is essentially limited to the two counties in the commonwealth of Virginia the closest to bermuda and that would be on the eastern shore of Virginia and I would ask that the body pass the bill.
[Unknown]
Thank you, Senator. The Senator from Augusta, Senator Hanger .
Emmett Hanger
Thank you, Mr. President.
[Unknown]
The.
Emmett Hanger
The Senator has the floor.
[Unknown]
I really don't even know what a rail is but I want to use this moment to rail against Sunday hunting. Thank you, Mr. President.
[Unknown]
Thank you, Senator .
Bill Howell
The question is shall Senate bill 344 pass. All in favor of the motion wills aye, those are the senators ready to vote? Opposed no. Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 34, nos 6.
[Unknown]
Ayes 34, nos 6. The bill passes.
[Unknown]
Senate bill 346, a bill relating to family and children's trust fund; taxation.
[Unknown]
Senator Dance .
[Unknown]
Thank you, Mr. President. I move the bill pass and speaking to the bill.
[Unknown]
The Senator has the floor.
[Unknown]
Senate bill 346 clarifies that the familiarry and children's trust fund known as fact performs an essential function and gives considerations and devices of request where personal or real property and the income there from accepted by the trust fund are exempt from allstate and local taxes and regarded as a property of the commonwealth for the purposes of all tax laws. This is simply a technical aamendment to the code to better assist fact in raising and distributing money for the treatment of child abuse and balance in families. It will have no fiscal impact. In previous years there has been confusion regarding fact's tax status as a public entity and its classification with the irs. It will clarify that donations will be exempt from state and local tax is. Three other Virginia organizations have similar provisions in the statue. The foundation to are healthy youth and the Virginia land conservation foundation. Mr. President, I move again that this bill be passed.
Bill Howell
Thank you, Senator. The question is shall Senate bill 346 pass. All in favor of the motion wills aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The bill passes.
[Unknown]
Senate bill 732, a bill relating to assisted living facilities; hospice care.
[Unknown]
The Senator from Augusta, Senator Hanger .
Emmett Hanger
I move that the bill pass and speak to the bill.
[Unknown]
The Senator has the floor.
Emmett Hanger
Thank you. Senate bill 732 is a fairly simple bill. It basically provides that to the extent allowed by federal law no assisted living facility shall be required to provide or allow hospice care. What this does there are certain small family-run facilities that in their end of life care do not approve of our traditional hospice care and this gives them the option of providing and in fact they are required to provide when the person is admitted to their facility a form that would be signed that the people are well aware that they do not offer the traditional hospice care but rather offer an alternative. It was up to the resident if they want traditional hospice care they can leave the facility. This clarifies that the small family home facilities that have operate the for generations can continue to provide the same quality end of life services that they have done in the past. Thank you, Mr. President.
Bill Howell
Thank you, Senator. The question is shall Senate bill 732 pass. All in favor of the motion wills aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 36, nos 3.
[Unknown]
Ayes 36, nos 3. The bill passes.
[Unknown]
The Senator from ja county, Senator Norment. Mes city
Tommy Norment
Having voted on the prevailing side by which Senate bill 732 passed, I would move we reconsider that vote so that everyone will have the opportunity to express their preference.
Bill Howell
Thank you, Senator. The question is shall the vote by which Senate bill 732 passed be reconsidered. All in favor of the motion will. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
Tommy Norment
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The motion agreed to.
[Unknown]
I move that the bill pass. The Senator from Augusta .
Bill Howell
The question is shall Senate bill 732 pass. All in favor of the motion wills aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 37, nos 3.
[Unknown]
Ice 37, nos 3, the bill passes. H.B. 1220, a bill relating to electric utility ratemaking; recovery of costs of facilities. Uncontested calendar Senate bills on second reading. Senate bill 7, a bill relating to appointed counsel for parents or guardians. Reported from committee for courts of justice with amendment.
[Unknown]
The Senator from Franklin, Senator Stanley .
Bill Stanley
I now move that the kim be agreed to.
[Unknown]
All in favor aeye. Those opposed, no.
Bill Stanley
The amendment is agreed to. The Senator from Franklin .
[Unknown]
Thank you, Mr. President. I move that the bill be engrossed and advanced to the third reading.
Bill Howell
The question is shall the bill be engrossed and advanced to the third reading.
[Unknown]
All in favor say aye. Those opposed, no.
[Unknown]
The ayes have it.
[Unknown]
The bill is engrossed and advanced to the third reading.
[Unknown]
Senate bill 87, a bill relating to circuit court clerks; preservation of land records in paper form. Reported from committee for courts of justice with substitute.
[Unknown]
The Senator from Buckingham, Senator Garrett .
Tom Garrett
Mr. President I move that the substitute be agreed to.
[Unknown]
The request he is shall the substitute be agreed to. All in favor say aye. Those opposed, no.
Tom Garrett
The ayes have it. The substitute is agreed to. The Senator from Buckingham .
[Unknown]
Mr. President, I move the bill engrossed and advanced to the third reading.
[Unknown]
Should the bill be engrossed and advanced to the third reading. All in favor say aye. Those opposed, no.
[Unknown]
The ayes have it. The bill is engrossed and advanced to the third reading.
[Unknown]
Regular calendar Senate bills on second reading. Senate bill 197 relating to interstate 73 corridor development fund and program reported from the committee on finance with the substitute and we need to reconsider the transportation substitute.
[Unknown]
The Senator from Franklin, Senator Stanley .
Bill Stanley
I move what we reconsider the vote by which the transportation substitute was previously agreed to.
Bill Howell
The question is shall the vote by which the transportation substitute was agreed to be reconsidered. All in favor of the motion will. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
Bill Stanley
Ayes 39, nos 1.
[Unknown]
Ayes 39, nos 1. The motion agreed to,.
[Unknown]
The Senator from Franklin .
[Unknown]
With the recommendation that we reject the transportation substitute I move the substitute.
[Unknown]
Would the recommendation that the substitute be reject the the question is should is be agreed to. Those opposed, no. All in favor say aye.
[Unknown]
The nos have it. The motion is agreed to. The Senator from Franklin .
[Unknown]
I move that we agree to the finance committee substitute,
[Unknown]
The question is shall the sir. Finance committee substitute be all in favor say aye. Agreed to. Those opposed, no.
[Unknown]
The ayes have it. The substitute is agreed to. The Senator from Franklin ?
[Unknown]
Thank you, Mr. President. Finally I now move that we engross and advance this very fine bill to its third reading.
Bill Howell
The question is shall the bill be engrossed and advanced to its third reading. All in favor say aye.
[Unknown]
The ayes have it. Those opposed, no. The bill is engrossed and advanced to its third reading.
[Unknown]
Senate bill 610, a bill relating to recognition of out-of-state concealed handgun permits.
[Unknown]
Senator reeve.
[Unknown]
I would ask that the bill go bifor another day.
[Unknown]
With that objections, Senate bill 610 will go bye for the day.
[Unknown]
Senate bill 466 a bill relating to 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
I ask that bill go bye for the day.
[Unknown]
Senate bill 466 will go bye for the day.
Frank Wagner
Senate bill 70 a bill relating to source of pendente lite support award.
[Unknown]
The junior Senator from Loudoun, Senator Wexton .
[Unknown]
I move that the bill be engrossed and advanced to the third reading.
Bill Howell
The question is shall the bill be engrossed and advanced to the third reading. All in favor say aye. Those opposed, no. The ayes have it. Advanced to the third reading. The bill is engrossed and
[Unknown]
Senate bill 71. A bill relating to entry of divorce decrees maintenance and support of spouses. Reported from the committee for courts of justice.
[Unknown]
The junior Senator from Loudoun, Senator webb.
[Unknown]
I move engrossed and advanced to the third reading.
[Unknown]
All in favor say aye. Those opposed, no.
[Unknown]
The ayes have it. The bill is engrossed and advanced to the third reading.
[Unknown]
Senate bill 247. A bill relating to search warrants, persons subject to warrant for arrest. Reported from the committee for courts of justice with a substitute.
[Unknown]
The senior Senator from Loudoun, Senator Black .
Dick Black
Thank you, Mr. President. I move the committee substitute.
[Unknown]
The question is shall the committee substitute be agreed all in favor say aye. To. Those opposed, no. The ayes have it. The committee saab tout is agreed to. The senior Senator .
Dick Black
Mr. President I move now that we engross and advance the bill to the third reading.
Bill Howell
Thank you, Senator. The question is shall the bill be engrossed and advanced to the third reading. All in favor say aye. Those opposed, no. The ayes have it. The bill is engrossed and advanced to its third reading.
[Unknown]
Senate bill 248. Relating to authority to consent to physical evidence recovery kit examination; minors. Rereferred to the committee for courts of justice.
[Unknown]
The senior Senator from Loudoun, Senator Black .
Dick Black
Mr. President, I move that we engross and advance the bill to the third reading.
Bill Howell
The question is shall the bill be engrossed and advanced to the third reading. All in favor say aye. Those opposed, no. The ayes have it.
Dick Black
Uncontested calendar Senate bills on first reading.
[Unknown]
The Senator from James city .
[Unknown]
Thank you, Mr. President. I would move that all of the Senate bills on the first reading on both the uncontested calendar and regular calendar including all Senate bills on pages 12 through 17 including Senate bill 46 through Senate bill 704 that the rules of the Senate be suspended and that the constitutional reading of the titles be dispensed.
[Unknown]
Thank you, Senator. The question is shall the rules be suspended in the first reading of the titles of Senate bills on the uncontested calendar and regular calendars pages 12-17 Senate bill 46 through Senate bill 704 be dispensed with. All in favor of the motion will. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The reading of the titles is dispensed with. The Senator from James city county.
[Unknown]
Thank you, Mr. President. I move that all of the bills be passed bye for the day, sir.
[Unknown]
Thank you, Senator. The question is shall the bills on the uncontested calendar and regular calendar now on second reading go bye for the day. All in favor say aye. Those opposed, no.
[Unknown]
The ayes have this.
[Unknown]
Regular calendar House jointures using 210. H.J.R. 210. Election of a supreme court of Virginia justice.
[Unknown]
The Senator from Rockingham, Senator Obenshain .
Mark Obenshain
Mr. President can that go bye for the day.
[Unknown]
210 will go bye for the day. The Senator from James city cou, Senator Norment .
Tommy Norment
Mr. President inquiry of the clerk does that complete today's calendar?
[Unknown]
Yes, sir.
Tommy Norment
Thank you, madam clerk. I would like to call on the Senator from Petersburg, Senator Dance .
[Unknown]
Thank you, Mr. President. Mr. President I move that the rules be suspended and that sj 140 be taken up for immediate consideration.
Bill Howell
Thank you, Senator. The request he is shall the rules be suspended and sjr 140 be taken up for immediate consideration. All in favor of the motion will. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0.
[Unknown]
The clerk will please read the title.
[Unknown]
Senate joint resolution number 140 celebrating the life of freddie w. Nicolas senior.
[Unknown]
Thank you, madam clerk. The Senator from Petersburg ?
[Unknown]
Thank you, Mr. President. I move that the resolution be agreed to.
[Unknown]
Thank you. The resolution will be agreed to in the usual manner. All members agreeing will please rise. The resolution is agreed to. Is there any other business for the morning hour? The Senator from eastern Fairfax County, Senator Surovell .
Scott Surovell
I rise for an introduction.
[Unknown]
The Senator has the floor.
Scott Surovell
Thank you, Mr. President. Lane of the Senate joining us in the gallery we have costa Virginia in stand which win. The casa mission is to create a more just society by building power and improving the quality of life by low income immigrant communities in Virginia. I hope you would give them a warm Senate welcome.
[Unknown]
I will. Thank you, member. Will the members of caso and stand with women please rise to be recognized.
[Unknown]
, thank you all for being here today and waving to everybody. I could ask the members of the Senate to please join me in offering members from caso and stand with women the warm welcome of the Senate. [applause]
[Unknown]
The senior Senator from Henrico, Senator McEachin .
Don McEachin
Mr. President, I have for point of personal privilege.
[Unknown]
The Senator has the floor.
Don McEachin
Mr. President, members Senate I rise today to talk about a gentleman by the name of gabriel prosser. He was the leader of an unsuccessful slave revolt in Richmond, Virginia in 1800. He was born around 1776 and was owned by a gentleman named thomas h.Prosso in Virginia. Little was known about his life before the slave revolt except for the fact that he had two brothers and a wife and he was a Black Smith often hired out by his owner. He was lit rat and learned to read and right. He was probably about 6'2" and was a fellow of courage and intellect above his rank in life so it was said. With the help of other slaves including jack boler and george Smith he devised a plan to seize control of Richmond by killing all europeans except methodists, quakers and frenchmen. Prosser and other revolt leaders were probably influenced by the american revolution and more recently the french and haitian revolutions with the rhetoric of freedom, equality and brotherhood. It was supposed to take place on August 30 of 1800. A brain storm delayed it by 24 hours and as fate would have it, someone told on him. It gave governor James monroe an opportunity to alert the militia and that militia was then in place to stop the revolution. Or the insurrection as some would call it,.
[Unknown]
He was caught on the way down to Norfolk and tried on and hung on October 10 of 1800. To my mind and the minds of many individuals he was in every sense of the word a freedom fighter. Mr. President, I would move that when the Senate adjourn today that it adjourn in the memory of gabriel prosser.
[Unknown]
Thank you, Senator. The Senator from Chesapeake, cross Senator Cosgrove .
John Cosgrove
I rise for an introduction.
[Unknown]
The Senator has the floor.
John Cosgrove
Ladies and gentlemen, just a reminder that tonight is the aerospace reception held at the library of. There will be rocket science tests and astronauts and displays and good things to eat and drink. So this being aerospace tay I di would encourage everybody to come over and have a good time.
[Unknown]
Thank you, Senator. The Senator from Portsmouth, Senator Lucas the Senator has the floor.
[Unknown]
Thank you, Mr. President. Just under the wire we have another visitor in the gallery this afternoon from from the Norfolk independence center. Steve Johnson the director and I would appreciate if you would extend to him the welcome of the?
[Unknown]
Would Mr. Steven Johnson please rise?
[Unknown]
He is in a wheel chair.
[Unknown]
Oh, thank you. I'm sorry. Thank you all for being here. I have been by and visited several times the independence center in Norfolk and you do wonderful work and we thank you for coming up to the capitol and advocating for those things you feel strongly about. I would ask the members to join me in offering members from the independent living center the warm welcome of the Senate. [applause]
[Unknown]
The Senator from Chesterfield, Senator Chase .
[Unknown]
I guess I 'm supposed to speak. Thank you, Mr. President. I rise for the purposes of an
[Unknown]
Thank you, Senator the announcement. Senator has the floor.
[Unknown]
I want to the reach out to everyone on both sides of the aisle and I have an invitation for you call to join a caucus called the Virginia transparency caucus. And actually Delegate mark levin and I will be adhering to what we call the gold standard which is to video record all subcommittee and committee meetings in which our bills are considered and post them to the internet. If you would like more information. See me. I have a signup sheet. We do want to encourage more transparency in the Senate and in the House. And I thank you for the privilege.
[Unknown]
The Senator from Roanoke city, Senator Edwards .
John Edwards
Mr. President, we are delighted to have in the gallery today some of the students and faculty members from faith christian school in Roanoke County. Had a nice meeting with a number of the students and faculty members that earlier today. So I hope that you would give them the warm welcome of the Senate .
[Unknown]
Thank you, Senator. I will. Members from the faith christian school, please rise. Thank you so much for being with us today. And hope you had a good trip from the star city and safe return and hope you have an enjoyable day in Mr. Jefferson's capital. I would ask the members of the Senate to join me in offering members from the faith christian school the warm welcome of the Senate. [applause]
John Edwards
The Senator from Hanover, Senator McDougle .
Ryan McDougle
I rise for an introduction.
[Unknown]
The Senator has the floor.
Ryan McDougle
Mr. President, when madam clerk close through the announcements one is a rules committee meeting immediately following floor session. There are about seven bills that need to go to other committees and to make sure they move in a time lay fashion and we can reduce our docket for rules on Friday we will do that rapidly. There will only be bills that will be referred to other
[Unknown]
Thank you, Senator. Committees.
[Unknown]
Any other business to come before the Senate ? The clerk will please report any announcements.
[Unknown]
Wednesday February 3 the committee on rules meet aadjournment at the chair's desk. Rules immediately upon adjournment at the courts toss.
[Unknown]
The committee on transportation will meet la minutes after adjournment in Senate room a. The facebook sub committee onfin transportation. The rule caucus will meet at 5:00 p.M. In the third floor east conference room. Tomorrow, Thursday, February 4, the committee on education and health will meet at 8:00 a.M. Senate room b. The Hampton roads caucus at 8:0s conference room. The republican caucus will meet at 11:30 a.M. In Senate room 2. The democratic caucus will meet at 11:30 a.M. In Senate room 1 and there are 11 days left.
[Unknown]
Thank you, madam clerk. The Senator from Lynchburg, Senator Newman ?
Steve Newman
Mr. President, I move that the Senate do now adjourn until 12 noon tomorrow and do so in the memory of gabriel prosser.
[Unknown]
Shall the Senate stand adjourned until 12:00 noon tomorrow and when we do so we do it in memory of gabriel prosser. All in favor say aye. Nos.
[Unknown]
The ayes have it. The Senate stands adjourned until 12:00 noon tomorrow. [Senate adjourned]