02/04/2016 Senate Proceedings

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Minutes

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

Prayer offered by The Reverend Jeanne Pupke, First Unitarian
Universalist Church, Richmond, Virginia

ROLL CALL OF MEMBERS: quorum present

Motion of Senator Deeds dispensed with reading of Journal (34-Y 2-N
1-A)

COMMUNICATION FROM HOUSE (HN10203): reading waived (37?Y 3?N)

The House of Delegates has passed the following House bills: HB 4,
14, 24, 51, 65, 88, 104, 105, 106, 144, 147, 158, 198, 205, 206, 233, 254, 323,
332, 456, 470, 567, 649, 685, 766, 790, 810, 865, 1011, 1051, 1052, 1145, 1175,
1214, 1281, 1330

House bills referred: see February 5 Senate Calendar

BILLS REPORTED

From Courts of Justice: SB 22, 128S, 170, 172S, 180S, 237S, 296S,
327S, 343, 358S, 392, 415S, 454A, 611, 626

From Education and Health: SB 212S, 264S, 336, 369S rereferred from
Finance, 427A, 438A, 452A, 463S, 491S, 513S, 538S, 659 rereferred to Finance,
660A, 671S, 701S rereferred to Courts of Justice, 774A, 775 rereferred to
Finance

From Transportation: SB 286S, 365A rereferred to Finance, 514A
rereferred to Finance, 669, 709S, 765, 768, 778

BILL REREFERRED

From Transportation: SB 703 rereferred to Finance

SJ 142 - offered by Senator Obenshain

SJ 143 - offered by Senator Marsden

SJ 144 - offered by Senator Edwards

SR 39 and 40 - offered by Senator Obenshain

Joint resolutions laid on Clerks Desk under Senate Rules 11(b),
(26)g and HJR 37: see February 5 Senate Calendar

Rules suspended, privileges of the floor given to distinguished
guests (40?Y 0?N)

On motion of Senator Norment, the Senate recessed at 12:43 p.m. to
reconvene at 1:10 p.m.

The Senate reconvened at 1:10 p.m.

CALENDAR

UNCONTESTED CALENDAR

HOUSE BILL ON THIRD READING

HB1220 - Read third time, Passed Senate (40-Y 0-N)

UNCONTESTED CALENDAR

SENATE BILLS ON THIRD READING

SB 7 - Read third time and passed Senate block vote (40-Y 0-N)

SB 87 - 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

REGULAR CALENDAR

SENATE BILLS ON THIRD READING

SB 506 - Passed by for day

SB 197 - Passed by for day

SB 70 - Read third time and passed Senate (39-Y 1-N)

SB 71 - Read third time and passed Senate (30-Y 10-N)

SB 247 - Read third time and passed Senate (40-Y 0-N)

SB 248 - Passed by for day

UNCONTESTED CALENDAR

SENATE BILLS ON SECOND READING

SB 46 - Read second time, Transportation amendment agreed to (voice
vote), Finance amendment agreed to (voice vote), Engrossed by Senate block vote
(voice vote)

SB 51 - Read second time, Engrossed by Senate block vote (voice
vote)

SB 150 - Read second time, Engrossed by Senate block vote (voice
vote)

SB 169 - Read second time, Committee substitute agreed to (voice
vote), Engrossed by Senate block vote (voice vote)

SB 193 - Read second time, Committee substitute agreed to (voice
vote), Engrossed by Senate block vote (voice vote)

SB 204 - Read second time, Committee substitute agreed to (voice
vote), Engrossed by Senate block vote (voice vote)

SB 210 - Read second time, Committee substitute agreed to (voice
vote), Engrossed by Senate block vote (voice vote)

SB 227 - Read second time, Committee amendment agreed to (voice
vote), Engrossed by Senate block vote (voice vote)

SB 290 - Read second time, Committee amendment agreed to (voice
vote), Engrossed by Senate block vote (voice vote)

SB 294 - Read second time, Engrossed by Senate block vote (voice
vote)

SB 517 - Read second time, Committee substitute agreed to (voice
vote), McPike floor amendments agreed to (voice vote), Engrossed by Senate
block vote (voice vote)

SB 631 - Read second time, Committee amendments agreed to (voice
vote), Engrossed by Senate block vote (voice vote)

SB 679 - Read second time, Committee substitute agreed to (voice
vote), Engrossed by Senate block vote (voice vote)

REGULAR CALENDAR

SENATE BILLS ON SECOND READING

SB 466 - Passed by for day

SB 418 - Read second time, Engrossed by Senate (voice vote)

SB 704 - Read second time, Engrossed by Senate (voice vote)

SB 610 - Read second time, Committee substitute reconsidered (39-Y
0-N), Committee substitute rejected (voice vote), Reeves floor substitute # 1
withdrawn, , Reeves floor substitute # 2 agreed to (voice vote), Engrossed by
Senate (voice vote), Rules suspended, third constitutional reading dispensed
(40-Y 0-N), Passed Senate (27-Y 13-N)

UNCONTESTED CALENDAR

SENATE BILLS ON FIRST READING

SB 17 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for the day

SB 246 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for the day

SB 309 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for the day

SB 329 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for the day

SB 414 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for the day

SB 444 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for the day

SB 451 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for the day

SB 460 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for the day

SB 527 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for the day

SB 589 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for the day

SB 597 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for the day

SB 642 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for the day

SB 690 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for the day

SB 750 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for the day

REGULAR CALENDAR

SENATE BILLS ON FIRST READING

SB 49 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for the day

SB 50 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for the day

SB 57 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for the day

SB 153 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for the day

SB 270 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for the day

SB 549 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for the day

SB 574 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for the day

SB 588 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for the day

SB 646 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for the day

SB 686 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for the day

SB 705 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for the day

SB 715 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for the day

SB 767 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for the day

SB 769 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for the day

SB 770 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for the day

REGULAR CALENDAR

HOUSE JOINT RESOLUTION ON THIRD READING

HJ 210 - Passed by for day

REGULAR CALENDAR

SENATE JOINT RESOLUTIONS ON FIRST READING

SJ 6 - Read first time

SJ 93 - Read first time

SJ 127 - Read first time

MEMORIAL RESOLUTIONS

HJ 22 - Agreed to by Senate block vote

HJ 23 - Agreed to by Senate block vote

HJ 53 - Agreed to by Senate block vote

HJ 89 - Agreed to by Senate block vote

HJ 170 - Agreed to by Senate block vote

HJ 172 - Agreed to by Senate block vote

HJ 180 - Agreed to by Senate block vote

HJ 185 - Agreed to by Senate block vote

HJ 190 - Agreed to by Senate block vote

HJ 203 - Agreed to by Senate block vote

HJ 204 - Agreed to by Senate block vote

HJ 216 - Agreed to by Senate block vote

HJ 217 - Agreed to by Senate block vote

SJ 132 - Agreed to by Senate block vote

SR 35 - Agreed to by Senate block vote

HJ 158 - Out of block, Agreed to by Senate

COMMENDING RESOLUTIONS

HJ 162 - Agreed to by Senate block vote (voice vote)

HJ 164 - Agreed to by Senate block vote (voice vote)

HJ 165 - Agreed to by Senate block vote (voice vote)

HJ 166 - Agreed to by Senate block vote (voice vote)

HJ 167 - Agreed to by Senate block vote (voice vote)

HJ 168 - Agreed to by Senate block vote (voice vote)

HJ 176 - Agreed to by Senate block vote (voice vote)

HJ 179 - Agreed to by Senate block vote (voice vote)

HJ 182 - Agreed to by Senate block vote (voice vote)

HJ 183 - Agreed to by Senate block vote (voice vote)

HJ 186 - Agreed to by Senate block vote (voice vote)

HJ 187 - Agreed to by Senate block vote (voice vote)

HJ 189 - Agreed to by Senate block vote (voice vote)

HJ 192 - Agreed to by Senate block vote (voice vote)

HJ 193 - Agreed to by Senate block vote (voice vote)

HJ 194 - Agreed to by Senate block vote (voice vote)

HJ 195 - Agreed to by Senate block vote (voice vote)

HJ 196 - Agreed to by Senate block vote (voice vote)

HJ 198 - Agreed to by Senate block vote (voice vote)

HJ 199 - Agreed to by Senate block vote (voice vote)

HJ 200 - Agreed to by Senate block vote (voice vote)

HJ 201 - Agreed to by Senate block vote (voice vote)

HJ 202 - Agreed to by Senate block vote (voice vote)

HJ 207 - Agreed to by Senate block vote (voice vote)

HJ 208 - Agreed to by Senate block vote (voice vote)

HJ 209 - Agreed to by Senate block vote (voice vote)

HJ 211 - Agreed to by Senate block vote (voice vote)

HJ 214 - Agreed to by Senate block vote (voice vote)

HJ 215 - Agreed to by Senate block vote (voice vote)

HJ 218 - Agreed to by Senate block vote (voice vote)

SJ 125 - Agreed to by Senate block vote (voice vote)

SJ 131 - Agreed to by Senate block vote (voice vote)

SJ 133 - Agreed to by Senate block vote (voice vote)

SJ 134 - Agreed to by Senate block vote (voice vote)

SJ 135 - Agreed to by Senate block vote (voice vote)

SJ 137 - Agreed to by Senate block vote (voice vote)

SJ 138 - Agreed to by Senate block vote (voice vote)

SJ 139 - Agreed to by Senate block vote (voice vote)

SJ 141 - Agreed to by Senate block vote (voice vote)

SR 18 - Agreed to by Senate block vote (voice vote)

SR 36 - Agreed to by Senate block vote (voice vote)

SR 37 - Agreed to by Senate block vote (voice vote)

HJ 42 - Out of block, Passed by for day

HJ 174 - Out of block, Passed by for day 

On motion of Senator Newman, the Senate adjourned
at 1:51 p.m. to convene Friday, February 5, 2016 at 11:00 am.

 

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 the Reverend jeanne pupke, first unitarian universalist church, Richmond. Reverend pupke, thank you.
[Unknown]
Thank you. God has many names, source of all goodness and source of all our hope, hear this prayer. Let us begin with thanks because we are blessed with an abundance, an abundance of good people, of good resources, of good leaders, of good coaches. By these, you tell us that we have enough in this world to do good. Teach us to trust the sufficiency of your blessing and place in our minds and hearts humility and wisdom, commitment and persistence, so that whatever difficult work May away these fine people, whatever challenges May seem insolvable, your way will open up and your path be seen and your way known. O God who taught us that we can make a way out of no way and bidded us to love one another in every undertaking, we pray to build up our commonwealth, to strengthen it, to love it according to your ways and your ways to be with us at all times. We ask that we be strengthened to serve one another and all of us in this commonwealth pray for all those who govern. God of love, God of mercy, hear this prayer. Blessed be, amen.
Bill Howell
The clerk will call the roll. All those present will please vote aye. The clerk will close the roll.
[Unknown]
Clerk: you have a quorum, Mr. President. Senate journal for Wednesday, February 3, 2016.
Bill Howell
The Senator from Bath County, Senator Deeds moves that the reading of the journal be waived. All in favor of waiving the reading of the journal will record their votes aye, opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
Creigh Deeds
Ayes 34, nos 2.
[Unknown]
Ayes 34, nos 2. 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
Mr. President, I respectfully move that we waive the reading of any communications from the House of delegates, sir.
Bill Howell
Thank you, Senator. The question is shall the reading of the communications 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 37, nos 3.
[Unknown]
Ayes 37, nos 3. The reading of the communication is waived. The clerk will report any communications from the governor.
[Unknown]
Clerk: we do not have any, sir.
[Unknown]
Thank you, madam clerk. The time has arrived to recognize visitors to the gallery and take other matters for the morning hour. The junior Senator from Virginia beach, Senator DeSteph .
Bill DeSteph
Mr. President, I rise for an introduction.
[Unknown]
The Senator has the floor.
Bill DeSteph
In the gler today, we have students from old dominion university.
[Unknown]
Thank you, Senator. Would members from old dominion university please rise. Thank you, all, for being here today. It's great seeing you all. You and I live right down from the street from odu and just so proud of what you and the monarchs have accomplished and what a great learning opportunity you have, so please send your regards to president rogers. I'd ask the members of the Senate to please join me in offering members from old dominion university the warm welcome of the Senate. [ applause ]
[Unknown]
The Senator from Accomack, Senator Lewis .
Lynwood Lewis
I rise for an introduction. .
[Unknown]
Senator has the floor.
Lynwood Lewis
Mr. President, members of the Senate, visiting with us in the gallery today is the mayor of the city of Norfolk, paul fraim. Earlier this session, we passed Senate joint resolution 130 with an impressive array of copatrons, which I think is a testament to mayor fraim's tenure as mayor of the city of Norfolk. He has been a dedicated public servant for the city of Norfolk for 30 years. Under his leadership, the redevelopment of Norfolk from downtown to the beaches of ocean view has transformed Norfolk into the city that it is today. He has tirelessly fought for, expand add more modern transportation system for our region and also brought focus to poverty in the city with the poverty reduction task force. The many accomplishments of mayor fraim will be on display in this commending resolution we passed earlier this years it has been my pleasure to represent a portion of the city of Norfolk since 2003, and now that I 'm in the Senate, a much larger portion of that city, and I can say that having worked with him and having watched him work to advance the interests of that city, he is an exemplary public servant with his passion for not only his city, but for his region and for this commonwealth. And so it is great to have him with us today and great that we have honored hip with Senate joint resolution 130. Mayor fraim is stepping down as mayor this year and I want to thank him for his service and ask that we give him the warm welcome of the Senate .
[Unknown]
Thank you, Senator. Would mayor fraim and paul -- excuse me, paul fraim and brian please rise. Thank you all so much for -- nauticus plaus [ applause ] >> Thank you for being here today, mayor. It's always great to see a good friend and as the good Senator from Accomack said, we really appreciate and thank you for your 30 years of service to the Norfolk and what you've done for Norfolk and the many lives you've touched, so we appreciate it and wish you the best in your retirement from mayor. Please visit often. I'd ask the members of the Senate to please join me in offering mayor paul fraim and ryan tenetson the warm welcome of the Senate. [ applause ] the Senator from Russell County, Senator Chafin .
Ben Chafin
Thank you, Mr. President. I rise for an introduction.
[Unknown]
The Senator has the floor.
Ben Chafin
It gives me a great deal of pleasure today to introduce to the Senate Dr. David olive, the presented of blewfield college. Dr. Olive is doing a fabulous job at bluefield college as the college continues to expand and grow if and I want this body to know that Dr. Olive, in addition to being the president of the college, is an ordained minister in the baptist faith and as president, he serves as chair and president of the international association of baptist colleges and universities. He serves as chair of the council of independent colleges of Virginia and chair elect of the appalachian college association. I hope that this body will give Dr. Olive the warm welcome of the Senate .
[Unknown]
Thank you, Senator. Would Dr. David olive, president of bluefield college, please rise. Welcome, sir. Appreciate you making the journey here and you have a wonderful facility for higher education. We appreciate your contributing to the educational opportunities across the commonwealth and hope you've had a nice visit today and safe travels to you home. I'd ask the members of the Senate to please join me in offering Dr. David olive the warm welcome of the Senate. [ applause ] the Senator from Roanoke city, Senator Edwards .
John Edwards
Mr. President, this is hokey day in the capitol. I ask that you give a warm welcome to all those members of the hokey family, that we have a number of Virginia tech students, alumni and faculty with us today in the gallery. They've come, of course, from all corners of the commonwealth to show their support for the great university of Virginia tech and to learn about the impacts our decisions on higher education in Virginia, so please welcome the members of the hokey family in the gallery. Thank you, Mr. President.
[Unknown]
Thank you, Senator. Would all of our hokey visitors please rise. You all have a great contingency today and just as I said earlier, a wonderful learning opportunity that you have in blacksburg. You have a lot to be proud of. Thanks for coming to visit us today and I see a few members of corps. Thank you for being here as well and thank you for your service. I'd ask the members of the Senate to please join me in offering members from Virginia tech, the family of hokies the warm welcome of the Senate. [ applause ] the senior Senator from Virginia beach, Senator Wagner .
Frank Wagner
Thank you, Mr. President. I rise for an introduction. .
[Unknown]
The Senator has the floor.
Frank Wagner
Mr. President, it gives me a great deal of pleasure to introduce a former fairgeg and I want all the pages here to listen up. This is a former Page, former Page from the class of 1944. And lest you think it's a launching point for being a Page, from 1944, this Page went on to be a leader in the city government of Virginia beach and ultimately served many years in this body alongside of his brother, two distinguished senators, have a whole town named after them, hold band, Virginia. Mr. President, it gives me a great deelt of pleasure to introduce a friend of mine, Senator clancy holland.
[Unknown]
Thank you, Senator. Would Senator clancy holland please rise. Clancy, it's -- [ applause ] clancy, please stand. It's always great to see you and you've just been a tremendous friend to all of us, a friend to the commonwealth, and we -- I think this gives pages something to aspire to, starting in 1944 and serving in the navy, becoming a physician, and then serving in the Senate from 1984 to 1996. We thank you for are use service. I'd ask the members of the Senate to please join me in offering the doctor and Senator clancy holland the warm welcome of the Senate. [ applause ] the Senator from Richmond city, Senator Sturtevant .
Glen Sturtevant
Thank you, Mr. President. I rise for an introduction.
[Unknown]
The Senator has the floor.
Glen Sturtevant
Mr. President, ladies and gentlemen of the Senate, joining us today in the gallery is brandon gains roan, a student in the technology and engineering program at Martin luther king jr. Middle school here in the city of Richmond. Brandon is spending the day with my office to learn more about the legislative process and how state government works, and after he graduates from high school, he plans to go into the army. Brandon is a student at Richmond city public schools, he's a constituent of Senator McEachin, had the honor to meet him earlier today. Mr. President, I 'd ask that the Senate give brandon the warm welcome of the Senate .
[Unknown]
Thank you, Senator. Would brandon gains roan please rise. Welcome to the Senate and thank you for coming today to work with the Senator and see how we make policy here in Richmond. As an army veteran, you're picking the correct branch and we wish you the best as you move forward. I'd ask members of the Senate to please join me in offering brandon gains roan the warm welcome of the Senate. [ applause ] the Senator from Stafford, Senator Stuart .
Richard Stuart
Thank you, Mr. President. I rise for an introduction.
[Unknown]
The Senator has the floor.
Richard Stuart
Mr. President, it's my pleasure to bring to the attention to the members in the gallery, the presence of lucille Wagner, whom you all know is the wife of the seat of my new seat mate and all I can say, Mr. President, is lord knows she must be a patient woman. [ laughter ] she also is a very wonderful person because as you all know, she worked with the pages to raise a ton of money for the food bank and we just thank her so much for doing that. Mr. President, accompanying lucille today to watch us work and to keep this gentleman straight is bert kelly and sharon arch letto and I would ask that you give them the warm welcome of the Senate .
[Unknown]
I sure will. Would lucille Wagner and your guest please rise. Thank you, all, thanks so much for being here, and Ms. Wagner, I can assure you that you are here, he is somewhat better behaved, so we encourage you to be here every day. But anyway, we hope to see you on Sunday and we appreciate you entertaining and involvementing us a Sunday. We thank you for all that you do and thanks for all your work with the pages and the fundraising. I'd ask the members of the Senate to please join me in offering Mrs. Lucille Wagner and her guest the warm welcome of the Senate. [ applause ] the Senator from western Fairfax County, Senator morse son.
[Unknown]
Thank you, Mr. President. I rise for an introduction.
[Unknown]
The Senator has the floor.
[Unknown]
Thank you Mr. Speaker president. Ladies and gentlemen of the Senate, joining us in the gallery today are members of the united methodist church. Over 150 members of the church are here from all across the commonwealth. United methodist day at the capitol began 24 years ago and as afforded members of the church an opportunity to discuss important issues with their legislators and to let us know how these issues will impact the commonwealth. The group is led by bishop cho and leaders of the conference legislative network. Mr. President, please give them the warm welcome of the Senate .
[Unknown]
Thank you, Senator. Would members from the united methodist delegation please rise. Welcome to the gallery of the Senate and thank you all for making the trip here and watching how policy is made in your capital city of Richmond. We hope you have a wonderful day and tremendous amount of history in the capital and hope you can take a lot of that in and safe journey home. I ask the members of the Senate to please join me in offering members from the united methodist delegation the warm welcome of the Senate. [ applause ] the junior Senator from Henrico, Senator Dunnavant .
Siobhan Dunnavant
Thank you, Mr. President. I rise for an introduction.
[Unknown]
The Senator has the floor.
Siobhan Dunnavant
I would like to introduce my colleague and good friend, Dr. Peter ten. He is here with obgyn lobbying guy and I don't know if this would occur to pediatric neurologists, but this is like a victorian freighting theater. We've -- operating theater. We have the residents up there in the stands and we're down here, so I 'm so glad that Dr. Kem can be here to watch proximate cause. Please give hmm the warm welcome of the Senate .
[Unknown]
Would Dr. Peter kemp please rise. It's always great to see you here and stating your advocacy for the medical profession and a lot of issues out there as we all know. Anytime you can come and help to educate us, we appreciate it, and it's also good to have another obgyn physician amongst us on the floor of the Senate, so thanks for allowing her to do what she does. I'd ask the members the Senate to please join me in offering Dr. Peter kemp the warm welcome the Senate. [ applause ] Senator Wagner. Another introduction? [ no audio ]
[Unknown]
The Senate will stand at ease.
[Unknown]
The Senate will come to order. Returning to the morning hour, the Senator from Newport News, Senator Miller .
John Miller
Thank you, Mr. President. I rise for an introduction.
[Unknown]
The Senator has the floor.
John Miller
Mr. President, members of the Senate, I draw your attention to visitors in the gallery who are from the Virginia coastal policy center at the william & mary law school and on behalf of the Senator from James city county and myself, I hope you will give them a warm welcome of the Senate .
[Unknown]
Thank you, Senator. Would members from the Virginia coastal policy center from the school of william & mary -- or from the william & mary law school please rise. Welcome and thank you all for visiting us this afternoon. If you hold tight for just a little while, I think you'll see some interesting policy being made and also some interesting visitors that come to the floor of the Senate. So thanks for being here today. Again, you all have a great educational opportunity at william & mary. My son graduated from there in 2010, so keep up the good work. I'd ask the members of the Senate to please join me in offering the Virginia coastal policy center, william & mary law school, the warm welcome of the Senate. [ applause ] Senator from James city county.
[Unknown]
Thank you, very much, Mr. President. I respectfully move that the rules of the Senate be suspended and that the privileges of the floor be extended to certain distinguished persons.
Bill Howell
Thank you, Senator. The question is shall the rules be suspended and the privileges of the floor granted to a distinguished person. All in favor of the motion will record that I 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 rules are suspended. The privileges of the floor are granted. The Senator from Roanoke city, Senator Ebbin. >> Mr. President, members of the Senate, we have here today to honor coach frank beamer, the coach, retiring coach of Virginia tech football team, and his lovely wife cheryl who, by the way, has been named as the ideal football coach's wife. [ laughter ] and we also have special guests, the president of Virginia tech, Dr. Timothy sands and his lovely wife Dr. Laura sands, and the president -- director of the board of visitors of Virginia tech, debra patrine, along with elizabeth hooper, the director of state relations of Virginia tech. Mr. President, we're here today to honor one of the greatest football coaches in all america on his retirement. He is one of the most successful and respected college football coaches in the entire country. He coaches the way that he is as a person, with character and decency, which is part of the reason for his remarkable success. Coach beamer pioneered an aggressive style of special teams play that has come known far and wide as beerm ball. At Virginia tech, he's had 23 consecutive winning seasons and bowl game appearances and a national championship football game appearance. The team's very first season with the acc in 2004, the hokies won the acc title, and in appearance in a bowl championship series game, and frank beamer was named the acc coach of the year. Altogether, the hokies have won four acc championships since 2004. Of particular pride to frank beamer and to Virginia tech is that over 94% of his senior football players from 2001 to 2014 earned their college degrees. [ applause ] and frank beamer has finished his career as the winningest active football coach in all of ncaa with 280 career wins. Madam clerk, I would ask you to please read Senate joint resolution 99.
Adam Ebbin
Senate joint resolution number main noon commending frank beamer. Whereas frank beam yes, the highly respected Head coach of the Virginia folly tech knick institute and state university football team who guided the team to 23 consecutive winning seasons in bowl game appearances retired as Head coach in 2015 and whereas the native of hillsville, frank beamer graduated in 1969 from Virginia polly tech knick institute and state use of the, Virginia tech, where he started at koerp back on the football -- cornerback on the football team for three seasons and helped take the team to two liberty bowls in 1966 and 1968. And whereas frank beamer began his coach career in 1969 as a taken coach for the Radford high school football team while he was earning a master's degree from Radford university, and whereas frank beamer went on to serve as an assistant coach and defensive coordinator at the citadel and defensive coordinate at murray state university before becoming Head coach at murray state university and leading the football team to a 42-23-2 record. And whereas in 1987, frank beamer became the first Virginia tech alumnus to coach the Virginia tech football team since the 1940s. Over the course of his 29-season year, he led the hokies to four atlantic coast conference titles, 23 bowl game appearances, two major bowl game victories, and a national championship game appearance. And whereas frank beamer pioneered an aggressive style of special team play that became known as beamer ball during the 1990s, the hokies blocked 66 kicks, more than any team in the country. And whereas as the hokies and frank beamer made history in 1999 and 2000, posting the winningest season in school history with the team's first 11-0 regular season record, back-to-back 11-1 overall report, and a trip to the national championship, and whereas frank beamer oversaw the hokies transition from an independent team in the big east in 1991 and the acc in 2004, and the team's first season in the acc, frank beamer was named acc coach of the year for leading a young team to an acc title and a bowl championship series game. And the team earned the 2004 fall sportsmanship award. And whereas in 2008, frank beamer recorded one of the finest efforts as a Head coach, leading one of the youngest teams in his career through one of the toughest schedules to claim an acc title and a win in the Orange bowl, and whereas frank beamer made a promise to his players and their families that he would take care of these young men and he has kept that promise as evidenced by the fact that 230 of 244, 94.3% of senior football players from 2001 to 2014 earned their degrees. And whereas frank beamer finished his career as the winningest active coach in the national collegiate athletic association, football bowl subdivision with 280 career wins, he earned numerous awards and accolades, including eight national coach of the year awards in 1999 and the coach of the decade award from the big east in 2000. S in 2005, he was voted by 40 college coaches as the coach for whom they had the most respect and he was the first active Head coach inducted into the Virginia tech sports Hall of fame. And whereas after his well-earned retirement, frank beamer plans to work to seek new opportunities to serve the community and to spend more sometime with his wife cheryl, children shane and casey, and four grandchildren, now therefore, be it resolved by the Senate, the housing of delegates concurring, that the general assembly hereby commend frank beamer on the occasion of his retirement as Head coach of the Virginia polytechnic institute and state university football team and be it resolved further that the clsh of the Senate prepare a copy of this resolution for presentation to frank beamer as an expression of the general assembly's admiration for his achievements and best wishes on a happy retirement.
[Unknown]
Thank you, madam clerk. While the coach and his wife are escorted to the front of the dais, please on behalf of the Senate, please offer coach beamer and his wife and his guests the warm welcome of the Senate. [ applause ] coach, beamer, on behalf of the Senate and our staff, first of all, congratulations on your many accomplishments and we're all big fans of yours and obviously big fans of the hokies, and we just thank you for all the achievements that you've had and all the lives that you have touched. Not only for the commonwealth, but this great country of ours, so we thank you and we wish you all the best in your requirement. Thank you all and congratulations again.
Adam Ebbin
Thank you, sir. Thank you. [ applause ] the Senate will stand at ease. [ gavel banging ] the science will come to order. 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, members of the Senate, today we have in the gallery volunteers with the Virginia breast cancer foundation. The foundation serves as an advocate for those with breast cancer and has been successful over the years in obtaining medicaid coverage for mammograms, health insurance for breast reconstruction, a 48-hour hospital stay following a mast tech mi and other policy initiatives. The breast cancer foundation provides information for those newly diagnosed with breast cancer and its volunteers participate annually in the remote area medical clinic throughout Virginia, providing jaish resources on breast cancer to residents of underserved areas. When you see pink ribbons, license plates on cars, the funds for those plates are used to support the work of the foundation. This year, we passed hj 201 in honor of the 25th anniversary of the breast cancer foundation. Please welcome the volunteers of the Virginia breast cancer foundation.
[Unknown]
Thank you, Senator. Would members of the Virginia breast cancer foundation please rise. Thank you so much for being with us today. There's so much great work being done for this cause and we certainly thank you all for cure contributions and as you all know, we still have work to do. So thanks for all he wases and we look toward to working with you as we move forward. I would ask the members of the Senate to please join with me in offering members of the Virginia breast cancer foundation the warm welcome of the Senate. [ applause ] the Senator from James city county, Senator Norment .
Tommy Norment
Thank you, Mr. President I respectfully ask that the Senate now stand in recess until 1:00 and upon recess, if the Senate republican caucus would retire to their normal convening room, please.
[Unknown]
The senior Senator from Henrico, Senator --
[Unknown]
Thank you, Mr. President. Upon recess, would the democratic caucus meet in the conference room back here.
[Unknown]
Thank you, Senator. The Senate will be in recess until 1:00. The Senate will come to order. The Senator from Prince William County, Senator McPike .
Jeremy McPike
Thank you, Mr. President. I rise for an introduction.
[Unknown]
The Senator has the floor.
Jeremy McPike
I appreciate -- we have a very special group of students visiting from the capitol today from bull run middle school. Their teacher, Ms. Riley o'casey, brought 90 eighth graders from her civics and economics classes to learn about state government today and they were able to meet with the governor on the sentence here and touring the -- steps here and touring the capitol. We have some viewing the session today from another room. There are four students in the gallery representing classmates who are viewing from the gallery representing other classmates. Stephanie hernandez, sidney shell, harjo sin gh and I ask you provide the students the warm welcome of the Senate .
[Unknown]
Thank you, Senator. Would members from bull run middle school please rise. I knew it was you up there. Thank you all for being here and what a great opportunity to have to come and visit the capitol of Virginia here in Richmond and learn how policy is made, so we hope you learn a lot today and I understand you have a lot of other students perhaps watching from another viewing area, but thank you for your he wases as well. We hope you have -- your efforts as well. We hope you have a wonderful day. I'd ask the members of the Senate to please join me in offering students from gul run middle school the warm welcome of the Senate. The Senate will stand in recess until 1:00. [ gavel banging ] >> The Senator will come to order. Rrng to the morning hour, the Senator from northern far parks county, Senator Howell .
Janet Howell
Mr. President, I rise for an introduction.
[Unknown]
The Senator has the floor.
Janet Howell
We have a large group of realty stores from northern Virginia visiting with us today. They are members of the northern Virginia association of realtors and that association represents more than 11,000 realtors. I want to thank them for coming here to observe the political and legislative process. Their involvement helps ensure that we protect homeowners, buyers, and renters, maintaining a healthy real estate industry is critical to the success of our economy. I hope you give them the warm welcome of the Senate .
[Unknown]
Thank you, Senator. Would members from the northern Virginia association of realtors please rise. You all are a very enthusiastic group this morning, and that must mean that the housing market is doing well in northern Virginia, so we're happy for you. But thank you for being here and hope you have a wonderful stay this afternoon. I'd ask the members Senate to please join me in offering members of the northern Virginia association of realtors the warm welcome of the Senate. [ applause ] the Senator from Prince William County, Senator McPike .
Jeremy McPike
Thank you, Mr. President. I rise for an introduction.
[Unknown]
The Senator has the floor.
Jeremy McPike
In the gallery today is president of the small business center, Ms. Linda decker and members of her staff. This is a regional economic development program established in 1991 to assist existing small businesses and
[Unknown]
Senator Stanley. Thank you, Mr. President. I rise for an introduction.
[Unknown]
Senator has the floor.
[Unknown]
Thank you. Mr. President, members of the Senate, in our gallery today, and he May still be up there, or he May have come in while we were on a slight break, but today we had visiting us in the capitol the new president elect of the medical society of Virginia, a good friend of mine. Both he and the residents of the Danville regional medical center came and visited my office today and they surrounded me and told me all of my bad habits needed to change, but Dr. Ponga is one of the finest doctors we have in the city of Danville. He's a wonderful man, very thoughtful man, cares about not only his patients, but also our region and our area, and it's always good to have him here in the capitol when we're in session. So if he's up there or in one of the other rooms, Mr. President, I ask that you extend him the warm welcome of the Senate .
[Unknown]
Thank you, Senator. Is Dr. Pondia and other members from the Danville regional medical center with us? Senator, I believe they May have stepped out of the gallery, but they perhaps are looking at us from another viewing center, but we certainly welcome them. Please join me in offering Dr. Pondia and members of the Danville regional medical center the warm welcome of the Senate. [ applause ]
[Unknown]
Is there any other business for the morning hour? Seeing none, the clerk will please call the calendar.
[Unknown]
Senate calendar for Thursday, February 4th, 2016. Uncontested calendar, House bills on third reading. House bill 1220, a bill relating to electric utility rate making, recovery of costs of facilities. Reported from the committee on commerce and labor.
[Unknown]
The senior Senator from Virginia beach, Senator Wagner .
Frank Wagner
Thank you, Mr. President. This bill was -- comes over from the House. It deals with recovery costs and facilities as part of the ratemaking case and I move that we pass the bill.
Bill Howell
Thank you, Senator. The question is shall House bill 1220 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.
Frank Wagner
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The bill passes.
[Unknown]
Uncontested calendar, Senate bills on third reading.
[Unknown]
The Senator from James city county, Senator Norment .
Tommy Norment
Thank you, Mr. President. I respectfully move that all the Senate bills on the third reading the uncontested sclernd which would include all Senate bills on pages 2 and 3, which include Senate bill 507 through Senate bill 87 be placed on their 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 2 and 3, Senate bill 507 through Senate bill 87, 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 ayes have it. 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 507.
[Unknown]
The Senator from bucking ham, Senator Garrett .
Tom Garrett
Thank you, Mr. President. Can that bill come out of the block, please?
Bill Howell
Without objection, Senate bill 507 will come out of the block.
Tom Garrett
Can it also go bye for the day.
[Unknown]
Go bye for the day.
[Unknown]
Thank you.
[Unknown]
Senate bill 636.
[Unknown]
Senator from gray son.
[Unknown]
Thank you, Mr. President. Can Senate bill 636 come out of the block and 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 7, Senate bill 87.
Bill Howell
Thank you, madam clerk. The question is shall the bills in the block pass. That is all bills except for 507 and 636. All in favor in passage of the bills 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 bills in the block pass.
[Unknown]
Regular calendar, Senate bills on third reading. Senate bill 506, a bill relating to waiver of tax penalties for small businesses.
[Unknown]
Mr. President.
[Unknown]
The Senator from Richmond .
[Unknown]
Mr. President.
[Unknown]
The Senator from Franklin, Senator Stanley .
Bill Stanley
Can Senate bill 506 go bye for the dae, please.
Bill Howell
Without objection, Senate bill 506 will go bye for the day.
Bill Stanley
Regular calendar continued, Senate bill 197, a bill relating to the interstate 73 corridor development fund and program.
[Unknown]
Senator from Franklin, Senator Stanley .
Bill Stanley
Mr. President, I promise this is the last time. Can Senate bill 197 go bye for the day.
Bill Howell
Without objection, Senate bill 197 will go bye for the day.
Bill Stanley
Senate bill 70, a bill relating to source of pendente lite support award.
[Unknown]
The junior Senator from Loudoun, Senator Wexton .
Jennifer Wexton
Thank you n president. I move the bill pass and speaking to that motion.
[Unknown]
The Senator has the floor.
Jennifer Wexton
This bill comes from the family law cold lig of the Virginia bar association and it would basically reverse a court of appeals ruling that has had the -- I hope, unintended consequence of encouraging a lot of bad behavior on the part of divorcing spouses and their counsel, and I can certainly attest that there's already more than enough bad behavior going on in that context already. We certainly don't want to be encouraging more. The bill provides that spousal support paid during the pendency of the divorce action, in other words, while it's pending, that's what pen pen tai lite, will general will be be made from the income of the paying spouse, but the court still has the discretion to make the support payable from a different source for good cause. In a nutshell, this bill will help protect low earning spouses while the divorce action is pending and puts an end to bad behavior from high earning spouse, all while leaving the court discretion to craft other solutions on a case by case basis and I move that the bill pass.
Bill Howell
Thank you, Senator. The question is shall Senate bill 70 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 71, a bill relating to entry of divorce decrees, maintenance and support of spouses.
[Unknown]
The junior Senator from howd done, Senator Wexton .
Jennifer Wexton
Thank you, Mr. President. I move the bill pass and speaking to that motion.
[Unknown]
The Senator has the floor.
Jennifer Wexton
Thank you, Mr. President. This is another family law coalition bill and this one provides that the circuit court May award spousal support notwithstanding a particular party's failure to prove grounds of divorce. And I will really try not to get too far deep in the weeds of Virginia family law on this issue, but suffice it to say that divorce as statutory creature. Courts can only do what we in the general assembly tell them they can do, and this would mirror a provision that we already have for child support under the same circumstances. It would apply only in a very small number of cases and it's almost always going to be involve unrepresented litigants. This prove vision will promote fairness to litigants and improve judicial economy and it furthers the end of justice. I move it pass.
[Unknown]
The senior Senator from Loudoun, Senator Black .
Dick Black
Mr. President, would the gentlelady rise for a question?
[Unknown]
Would the junior Senator from Loudoun yield for a question?
Dick Black
I will, Mr. President.
[Unknown]
She yields, Senator .
[Unknown]
Mr. President, I believe I 'm sympathetic towards the gentlelady's legislation. I'm trying to understand what changes, what is the present situation and how will this alter it and improve it?
[Unknown]
The junior Senator from Loudoun .
[Unknown]
Mr. President, in an attempt to keep it as brief as possible, this case is -- this bill will overall another court of appeals court. In that case, the wife had an attorney who originally filed her plead, but the attorney had withdrawn prior to the actual final hearing. At the hearing, the husband's counsel moved for the wife's pleading to be stricken. The motion to strike was granted and because the husband and his responsive pleading had not asked that the court award any spousal support, there was no longer any mechanism for the court to award spousal support, even though a divorce order was entered. So it's really -- it helps protect pro se parties who otherwise, you know, are caught unawares.
[Unknown]
I thank the gentlelady.
Bill Howell
Thank you, Senator. The question is shall Senate bill 71 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 30, nos 10.
[Unknown]
Ayes 30, nos 10. The bill passes.
[Unknown]
Senate bill 247, a bill relating to search warrants, persons subject to warrant or capias for arrest.
[Unknown]
The senior Senator from Loudoun, Senator Black .
Dick Black
Thank you, Mr. President. Speaking to the bill.
[Unknown]
The Senator has the floor.
Dick Black
Ladies and gentlemen, what this bill does, we have discovered that there is a gap in the statute governing the issuance of search warrant affidavits. Presently, it is possible to have an individual subject to an arrest warrant for a violation of probation, but since probation is in and of itself not an offense, it does not meet the requisite for issuance of a search warrant which requires that the offense be set forth within the affidavit. This is something that's rather easy to address. It came up to us via a police officer who has encountered this problem and apparently others in the state have where they know that there's someone who has violated probation and yet, they cannot get into the House where an individual is holed up in order to apprehend him, and we can easily fix it in this way, and with that, I urge that you pass the bill.
Bill Howell
Thank you, Senator. The question is shall Senate bill 247 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]
Senate bill 248, a bill relating to authority to consent to physical evidence recovery kit examination, minors.
[Unknown]
The senior Senator from Loudoun, Senator Black .
Dick Black
Thank you, Mr. President. I move that that bill go bye for the day.
Bill Howell
Thank you, Senator. Without objection, Senate bill 248 will go bye for the day.
Dick Black
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 up contested calendar, including all Senate bills on pages 7 through 12, including Senate bill 46 through Senate bill 679, 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.
[Unknown]
Thank you, Senator. The question is shall all Senate bills on second reading of the uncontested calendar on pages 7 through 12, Senate bill 46 through Senate bill 679, be engrossed and advanced to their third reading in the block after the adoption of the amendments thereto, 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 ayes have it. The motion is agreed to.
Tommy Norment
Senate bill 46, reported from the committee on transportation with amendment. Reported from committee on finance with amendment.
[Unknown]
The Senator from Grayson, Senator Carrico .
Bill Carrico
Thank you, Mr. President. I ask that we adopt the amendments from transportation to insert 15.8 million instead of 9.5.
[Unknown]
Thank you, Senator. The question is shall the transportation committee amendment be agreed to. All in favor of the motion will say aye. Those opposed, no. The ayes have it. The transportation committee amendment is agreed to. The Senator from Grayson .
Bill Carrico
Now, Mr. President, I ask that we adopt the finance amendment to move it from 2021 to 2324 to finish the contract on the space flight trust fund.
[Unknown]
Thank you, Senator. The question is shall the finance committee amendment be agreed to. All in favor of the motion will say aye. Those opposed, no. The ayes have it. The finance committee anticipatory is agreed to.
[Unknown]
Senate bill 51, reported from committee on finance. Senate bill 150, reported from committee on general laws and technology. Senate bill 169, reported from committee on general laws and technology with substitute.
[Unknown]
Senator from mecklenberg, Senator raufr.
[Unknown]
Thank you, Mr. President. I move the committee substitutes.
[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.
[Unknown]
Senate bill 193, reported from committee on commerce and labor with substitute.
[Unknown]
Senator from staff fo,d Senator Stuart .
Richard Stuart
Thank you, Mr. President. I move that the committee substitute be agreed to.
[Unknown]
The question is shall the committee substitute be agreed to. All in favor of the motion will say aye. Those opposed, no. The ayes have it. The substitute is agreed to.
Richard Stuart
Senate bill 204. Reported from committee on commerce and labor with substitute.
[Unknown]
The Senator from stfrd, sturnt stut.
[Unknown]
I move that the committee substitute be agreed.
[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.
[Unknown]
Senate bill 210, reported from committee on commerce and labor with substitute.
[Unknown]
The Senator from Norfolk, Senator Alexander .
Kenneth Alexander
Thank you, Mr. President. I move that the substitute be agreed to.
[Unknown]
The economy 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.
Kenneth Alexander
Senate bill 227, reported from committee on finance with amendment.
[Unknown]
The senior Senator from Henrico, Senator McEachin .
Don McEachin
I move the committee substitute be adopted.
[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.
Don McEachin
Senate bill 290, rereferred reported from committee on general laws and technology with amendment.
[Unknown]
The Senator from Accomack, Senator Lewis .
Lynwood Lewis
Mr. President, move the amendment from the committee of general laws and technology.
[Unknown]
The economy 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.
Lynwood Lewis
Senate bill 294, reported from committee on general laws and technology. Senate bill 517, reported from committee on general laws and technology with substitute. And there are two floor amendments.
[Unknown]
The Senator from Prince William County, Senator McPike .
Jeremy McPike
Mr. President, I move the 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. The Senator from Prince William County .
Jeremy McPike
Mr. President, I move the reading of the two amendment many be waived.
[Unknown]
The question is shall the reading of the floor amendments be waived. All in favor of the motion will say aye, those opposed, no. The ayes have it. The reading is waived.
[Unknown]
Mr. President, I move the two floor amendments be agreed to and speaking to them.
[Unknown]
The Senator has the floor.
[Unknown]
Vdot pointed out in the bill that while they arrange contracts, they don't purchase directly and so therefore, while they provide the contract vehicle, they are not actually in many cases the purchasing agency and so this language would correct that condition for the intent of the bill and I move they be agreed to.
[Unknown]
Thank you, Senator .
[Unknown]
Mr. President.
[Unknown]
The Senator from fair tax county, Senator Petersen .
Chap Petersen
The gentlemen from Prince William yield for a question?
[Unknown]
The Senator from Prince William yield for a question?
Chap Petersen
I yield.
[Unknown]
He yields, Senator .
[Unknown]
I ask the gentlemen, my recollection from general laws, this bill had a set-aside for service disabled veteran businesses, is that correct?
[Unknown]
That is correct.
[Unknown]
And my recollection was that applied specifically to information tech tolg businesses, correct request many.
[Unknown]
Mr. President, that the correct.
[Unknown]
Thank you, Senator .
[Unknown]
My final question is, is the scope of that bill being changed by these amendments?
[Unknown]
The Senator from prince
[Unknown]
I'd answer the Senator that it does not change the scope because vita is the procurement agency. They arrange the contract, but they're often not the direct buyer through the contract veek, so vita foipted on it that this amendment be necessary to execute the stwent of what was presented to general laws.
[Unknown]
The Senator from Fairfax city. William?
[Unknown]
Second further question.
[Unknown]
Does the gentlemen yield for an additional question?
[Unknown]
I yield.
[Unknown]
He yields, Senator .
[Unknown]
Just to be sure, it's still 3% service disabled but for information technology businesses.
[Unknown]
The Senator from Prince William .
[Unknown]
Mr. President, that the correct.
[Unknown]
I thank the gentlemen.
[Unknown]
Thank you. The question is shall the floor amendments be agreed to. All in favor of the motion will say aye, those opposed, no. The ayes have it. The floor amendments are agreed to.
[Unknown]
Senate bill 631, reported from committee on commerce and labor with amendments.
[Unknown]
The senior Senator from Virginia beach, Senator Wagner .
Frank Wagner
Mr. President, I move the committee amendments be agreed to.
[Unknown]
The question is shall the committee amendments be agreed to. All in favor of the motion will say aye. Those opposed, no. The ayes have it. The committee amendments are agreed to.
Frank Wagner
Senate bill 679, reported from committee on general laws and technology with substitute.
[Unknown]
The junior Senator from Henrico, Senator Dunnavant .
Siobhan Dunnavant
Mr. President, I move the committee substitute.
[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. The question is shall the Senate bills be engrossed and advanced to their 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 their third reading.
Siobhan Dunnavant
Regular calendar, Senate bills on second reading. Senate bill 610, a bill relating to recognition of out-of-state concealed handgun permits. Committee substitute has been adopted by the Senate and there are two floor substitutes.
[Unknown]
The Senator from Spotsylvania, Senator reed.
[Unknown]
Thank you, Mr. President. I move that we reconsider the vote by which the committee substitute was agreed to.
Bill Howell
Thank you, Senator. The question is shall the vote by which the committee substitute was agreed to be reconsidered. 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 0.
[Unknown]
Ayes 39, nos 0. The motion is gride tos period of time Senator from Spotsylvania .
[Unknown]
Thank you, Mr. President. I would move the committee substitute with the recommendation that we reject it.
[Unknown]
Thank you, Senator with the recommendation that the be rejected, the question is shall the substitute be agreed to. All in favor of the motion will say yea, those opposed, no. The nos have it, the motion carries. The Senator from Spotsylvania .
[Unknown]
I ask we withdraw floor substitute number one.
Bill Howell
Without objection, floor substitute number one will be withdrawn. The Senator from Spotsylvania .
[Unknown]
Thank you, Mr. President. I month of that we take up -- move that we take up floor substitute number two and waive reading, sir.
[Unknown]
Thank you sir. The question is shall the reading of the floor substitute be waived. All in favor of the motion will say aye. Those opposed, no. The ayes have it. The reading of the floor substitute is waived. The Senator from Spotsylvania .
[Unknown]
Skid that we agree -- I would ask that we agree to the floor substitute and a brief explanation.
[Unknown]
The Senator has the floor.
[Unknown]
Thank you, Mr. President. Ladies and gentlemen of the body, what you have before you is the floor substitute, which is the original language that passed out of the courts committee with the Petersen amendment and I 'd like to thank the Senator from Fairfax for catching that for the need for substitute number two. It also has a provision on the end of the substitute that has to do with an enactment clause to this bill as part of the original brokered agreement between the parties all involved and this endeavor to move forward, Mr. President.
[Unknown]
Thank you, Senator. The question is shall the floor substitute be agreed to. All in favor of the motion will say aye. Those opposed, no. The ayes have it. The floor substitute is agreed to. The Senator from Spotsylvania .
[Unknown]
Thank you, Mr. President. I would ask that we end gross and advance the bill 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. The Senator from Spotsylvania .
[Unknown]
Thank you, Mr. President. I would ask that we suspend the rules and dispense with the third constitutional reading.
Bill Howell
Thank you, Senator. The question is shall the rules be suspended and the third constitutional reading be dispensed with. All in favor of the motion will record their 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 40, nos 0.
[Unknown]
Ayes 40, nos 0. The motion passes. The Senator from Spotsylvania .
[Unknown]
Thank you, Mr. President. I would now ask for passage of the bill with a brief explanation.
[Unknown]
The Senator has the floor.
[Unknown]
Ladies and gentlemen, I rise today in support of Senate bill 610 which seeks to protect the reciprocity rights for about 421,000 law abiding virginians who told concealed carry handgun permits. People who obtain concealed carry permits concludes to do so for self defense and various other reasons, but here in Virginia and throughout the country, they are trying to be law abiding citizens, but not criminals. This bill will allow virginians to protect themselves, their families, and we know what it does. Over the past several weeks, a number of us in this body along with my colleagues in the body down the Hall work on this legislation to do good on behalf of our constituents and I 'd like to thank all of you who supported this legislation to help shape it. I want to particularly thank my colleagues that sit on the opposite side of the aisle from me who have thrown their support behind this legislation as well as the governor and his team. Your support has proven that this legislation is not a republican versus democrat fight, but simply about doing the right thing on behalf of law abiding virginians. Mr. President, I urge my colleagues to join me in voting in favor of the bill. Thank you, Mr. President.
Bill Howell
Thank you, Senator. The question is shall Senate bill 610 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 27, nos 13.
[Unknown]
Ayes 27, nos 13. The bill passes.
[Unknown]
Senate bill 466, a bill relating to guardianship, communication between incapacitated person and others. Reporting from the committee on rehabilitation and social services with a substitute.
[Unknown]
The senior Senator from Virginia beach, Senator Wagner .
Frank Wagner
Could that bill go bye for the day.
Bill Howell
Without objection, Senate bill 4 4ru6 go by for the day.
Frank Wagner
Senate bill 418, a bill relating to Virginia public procurement act, cooperative procurement, installation of artificial turf or other athletic surfaces. Reported from the committee on general laws and technology.
[Unknown]
The Senator from Portsmouth, Senator Lucas. My apology. Senator Vogel from Fauquier .
Louise Lucas
Thank you flrk president. I move the bill be engrossed and advanced to its third reading.
[Unknown]
Thank you, Senator .
Louise Lucas
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 704, a bill relating to overtime compensation, fire protection employees. Reported from the committee on general laws and technology.
[Unknown]
Now it's time for you Senator Lucas. I apologize.
[Unknown]
Thank you. 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.
[Unknown]
Uncontested calendar, Senate bills on first 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 14 through 24, which is ten pages, which would include Senate bill 17 through Senate bill 770, that the rules of the Senate be suspended and that the first constitutional reading of the titles be dispensed with.
[Unknown]
Thank you, Senator. The question is shall the rules be suspended and the first reading of the titles of Senate bills on the uncontested and regular calendars, pages 14 through 24, Senate bill 17 through Senate bill 770, be dispensed with. All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any 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. Those opposed, no. The ayes have it. The bills will go bye for the day.
[Unknown]
Regular calendar, House joint resolution on third reading. House joint resolution 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?
Bill Howell
Without objection, House joint resolution 210 will go bye for the day.
Mark Obenshain
Regular calendar, Senate jautions on first reading. Joint resolution 6 proposing an amendment to section 5 of article 8 of the constitution of Virginia relating to the establishment of charter schools. Senate joint resolution 93, submitting to the voters a proposed amendment to the constitution of Virginia ins could form mitt with the provisions of section one of article 7 of the constitution of Virginia. Senate joint resolution 127, submitting to the voters a proposed amendment to the constitution of Virginia in conformity with the provisions of section one of article 7 of the constitution of Virginia. Memorial resolutions.
[Unknown]
The Senator from James city county, Senator Norment .
Tommy Norment
Mr. President, I would now move that all the memorial resolutions on pages 26 through 28 of the calendar, including all the memorial rautions, House joint resolution 22 through Senate resolution number 35, be agreed to in the usual manner, waiving the reading of the resolution. Any Senator who desires to remove a memorial resolution from the block should please do so after the clerk has read the title of that resolution.
[Unknown]
Thank you, Senator. The question is shall the memorial resolutions on pages 26 through 28, House joint resolution 22 through Senate resolution 35, be considered in the block in the usual manner, waiving the reading of the resolutions thereof with the understanding that any Senator desiring a resolution removed from the block would do so after the clerk has read the title of the resolution. All in favor of the motion say aye. Those opposed, no. The ayes have it. The motion is agreed to. The resolutions are before us in the block. The clerk will please read the titles of the memorial resolutions.
Tommy Norment
House joint resolution 22, celebrating the life of john waller maloney. House joint resolution 23, celebrating the life of ernest b. Vanarsdall, sr. House joint resolution 53, celebrating the life of thomas s. Herbert vii. House joint resolution 89, celebrating the life of ernestine k. Middleton. House joint resolution 158, celebrating the life of the honorable thomas w. Moss, jr.
[Unknown]
The Senator from Norfolk, Senator Alexander .
Kenneth Alexander
Thank you, Mr. President. Can hjr 158 be removed from the block.
Bill Howell
Without objection, hjr 158 will come out of the block.
Kenneth Alexander
House joint resolution 170, celebrating the life of James e. Hargrave. House joint resolution 172, celebrating the life of Caroline jean stalker. House joint resolution 180, celebrating the life of h. William greenup. House joint resolution 185, celebrating the life of the honorable colon w. Whitehurst. House joint resolution 190, celebrating the life of joseph rodney Johnson. House joint resolution 203, celebrating the life of the Reverend marvin wayne clipp. House joint resolution 204, celebrating the life of kenneth earl blunt. House joint resolution 216, celebrating the life of carol willoughby. House joint resolution 217, celebrating the life of charles wesley day. Senate joint resolution 132, celebrating the layoff of robert f. Simon, jr. Senate resolution 35, celebrating the life of john duffy.
[Unknown]
Thank, madam clerk. The resolutions will be agreed to in the usual manner with the exception of resolution 158. All those in favor of agreeing to the memorial resolutions will please rise. [ gavel banging ] the resolutions are agreed to. On Page 26, hjr 158, the Senator from Norfolk, Senator Alexander .
Kenneth Alexander
Thank you m president. Hjr 158 is the memorial resolution celebrating the life of the honorable thomas w. Moss jr. And I move that it be agreed to.
[Unknown]
Thank you, Senator. The resolution will be agreed to in the usual manner. All those in favor of agreeing to the memorial resolution will please rise. [ gavel banging ] the resolution is agreed to.
Kenneth Alexander
Commending resolutions.
[Unknown]
The Senator from James city county, Senator Norment .
Tommy Norment
Thank you, Mr. President. I would move that all the commending resolutions on pages 28 through 32 of the calendar, including House joint resolution number 42 through Senate resolution number 37 be agreed to in the block in a voice vote, waiving the reading of the resolution. Any Senator who desires to remove a commending resolution from the block should please do so after the clerk has read the number of that resolution.
[Unknown]
The question is shall the commending resolutions on pages 28 through 32, House joint resolution 42 through Senate resolution 37, be considered in the block by voice vote, waiving the reading of the resolutions with the understanding that any Senator desiring a resolution removed from the block would do so after the clerk has read the number of the resolution. All in favor of the motion will say aye. Those opposed, no. The ayes have it. The motion is agreed to. The resolutions are before us in the block. The clerk will please read the number of the resolution.
Tommy Norment
House joint resolution 42, 162, 164, 165, 166, 167, 168, 174 --
[Unknown]
The Senator from Hanover, Mr. Mcdougle.
Ryan McDougle
Can hjr 174 come out of the block and ba for the day?
Bill Howell
Yes, without objection.
Ryan McDougle
Mr. President, can hjr 42 come out of the block and go bye for the day.
[Unknown]
I'm sorry Senator, I did not --
[Unknown]
Hjr 42.
Bill Howell
Thank you. Without objection, hjr 42 will come out of the block and bye for the day, Senator ?
[Unknown]
Yes, sir.
[Unknown]
Thank you, Senator .
[Unknown]
176, 179, 182, 183, 186, 187, 189, 192, 193, 194, 195, 196, 198, 199, 200, 201, 202, 207, 208, 209, 211, 214, 215, 218, Senate joint resolution 125, 131, 133, 134, 135, 137, 138, 139, 141, Senate resolution 18, 36, 37.
[Unknown]
Thank you, madam clerk. The question is shall the resolutions be agreed to. With the exceptions of 174 and 42. All in favor of agreeing to the resolutions will say aye. Those opposed, no. The ayes have it. The resolutions are agreed to. The Senator from James city county, Senator Norment .
Tommy Norment
Mr. President, inquire of the clerk, does that complete today's calendar?
[Unknown]
Yes, sir.
Tommy Norment
Is there any other business to come before the Senate ? The clerk will please report any announcements on the desk.
[Unknown]
Today, Thursday, February 4, 2016: the committee on agriculture, conservation and natural resources will meet one half hour after adjournment in Senate room b. The education and health subcommittee on public education will meet one half hour after adjournment in the third floor east conference room, senators Carrico, Dunnavant, Garrett, Howell, and Locke. Finance subcommittee on education will meet at 3:00 p.M., tenth floor conference room, senators Norment, Newman, Howell, Saslaw, Hanger, and Ruff. The Virginia legislative Black caucus will meet at 5:00 p.M., sixth floor Senate leadership conference room. Tomorrow, Friday, February 5th, 2016: the committee on rehabilitation and social services will meet at 8:00 a.M., Senate room b. The finance subcommittee on general government/technology will meet at 8:00 a.M., tenth floor conference room, senators Vogel, Hanger, Lucas, McDougle, Alexander and Obenshain. The committee on privileges and elections, privileges and elections, will neat at 9:30 a.M. Senate room a. The committee on rules will meet immediately on theed on jourpt of the committee on privileges and elections on Senate room a. The republican caucus will meet one half hour before session in Senate room two. The democratic caucus will meet one half hour before session in Senate room one.
[Unknown]
Thank you, madam clerk. The Senator from Lynchburg, Senator Newman .
Steve Newman
Mr. President, I move that the Senate do now adjourn until 11:00 tomorrow.
[Unknown]
Thank you, Senator. The question is shall the Senate stand adjourned until 11:00 a.M. Tomorrow. All in favor of the motion will say aye. Those opposed, no. The ayes have it. The Senate stands adjourned until 11:00 a.M. Tomorrow. Until 11:00 a.M. Tomorrow.