02/09/2016 Senate Proceedings

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Index

SB50—00:01:20
SB270—00:00:34
SB549—00:00:18
SB270—00:00:28
SB549—00:22:46
SB574—00:01:08
SB588—00:00:16
SB538—00:00:40
SB588—00:00:14
SB705—00:25:39
SB248—00:02:14
SB22—00:03:21
SB574—00:00:30
SB22—00:00:30
SB128—00:00:56
SB170—00:00:20
SB172—00:00:50
SB327—00:02:32
SB336—00:01:10
SB343—00:00:28
SB358—00:02:30
SB415—00:11:35
SB343—00:01:10
SB438—00:05:16
SB611—00:00:28
SB626—00:00:18
SB660—00:00:58
SB626—00:00:48
SB625—00:00:40
SB626—00:00:45
SB628—00:00:40
SB626—00:00:30
SB628—00:00:40
SB626—00:02:06
SB628—00:00:40
SB626—00:00:50
SB628—00:00:40
SB626—00:00:50
SB628—00:00:40
SB626—00:01:44
SB625—00:00:40
SB626—00:00:12
SB628—00:00:40
SB626—00:00:32
SB625—00:00:40
SB626—00:00:20
SB625—00:00:40
SB626—00:00:34
SB628—00:00:40
SB626—00:00:22
SB625—00:00:40
SB626—00:00:16
SB625—00:00:12
SB626—00:00:24
SB625—00:00:40
SB626—00:00:24
SB625—00:00:40
SB626—00:03:08
SB628—00:00:40
SB626—00:02:04
SB628—00:00:40
SB626—00:01:14
SB625—00:00:40
SB626—00:00:42
SB625—00:00:40
SB626—00:01:06
SB625—00:00:40
SB626—00:01:23
SB625—00:00:40
SB626—00:00:16
SB628—00:00:40
SB626—00:00:38
SB628—00:00:40
SB626—00:00:12
SB625—00:00:40
SB626—00:01:12
SB671—00:00:14
SB768—00:00:12
SB778—00:18:17
SB215—00:00:36
SB417—00:00:24
SB488—00:00:20
SB536—00:00:30
SB535—00:00:40
SB536—00:00:14
SB667—00:00:44
SB724—00:00:50
SJ6—00:00:20
SJ93—00:00:22
SJ127—00:00:20
HJ268—00:00:36
Sen. Tommy Norment (R-Williamsburg)—01:24
Sen. Janet Howell (D-Reston)—00:02
Sen. Tom Garrett (R-Lynchburg)—00:00
Sen. Mark Obenshain (R-Harrisonburg)—00:02
Sen. Chap Petersen (D-Fairfax)—00:02
Sen. Mark Obenshain (R-Harrisonburg)—00:02
Sen. Chap Petersen (D-Fairfax)—00:02
Sen. Mark Obenshain (R-Harrisonburg)—00:04
Sen. Chap Petersen (D-Fairfax)—00:04
Sen. Mark Obenshain (R-Harrisonburg)—00:04
Sen. Chap Petersen (D-Fairfax)—00:04
Sen. Jennifer Wexton (D-Leesburg)—00:02
Sen. Mark Obenshain (R-Harrisonburg)—00:06
Sen. Dick Saslaw (D-Springfield)—00:02
Sen. Don McEachin (D-Richmond)—00:02
Sen. David Suetterlein (R-Salem)—00:00
Sen. Dick Black (R-Leesburg)—01:00
Sen. Adam Ebbin (D-Alexandria)—00:02
Sen. Dick Black (R-Leesburg)—00:00
Sen. John Edwards (D-Roanoke)—00:00
Sen. Jennifer Wexton (D-Leesburg)—00:00
Sen. Dick Black (R-Leesburg)—00:02
Sen. Adam Ebbin (D-Alexandria)—00:02
Sen. Dick Black (R-Leesburg)—00:02
Sen. Adam Ebbin (D-Alexandria)—01:18
Sen. Scott Surovell (D-Mount Vernon)—00:02
Sen. Dick Black (R-Leesburg)—00:04
Sen. Tom Garrett (R-Lynchburg)—00:02
Sen. Dick Saslaw (D-Springfield)—00:04
Sen. Dick Black (R-Leesburg)—00:02
Sen. Ryan McDougle (R-Mechanicsville)—00:00
Sen. Dick Black (R-Leesburg)—00:02
Sen. Tommy Norment (R-Williamsburg)—00:02
Sen. Ryan McDougle (R-Mechanicsville)—00:00
Sen. John Edwards (D-Roanoke)—00:00
Sen. Scott Surovell (D-Mount Vernon)—00:02
Sen. Adam Ebbin (D-Alexandria)—00:02
Sen. John Miller (D-Newport News)—00:02
Sen. Ryan McDougle (R-Mechanicsville)—00:02
Sen. Jill Holtzman Vogel (R-Winchester)—00:00
Sen. Creigh Deeds (D-Bath)—00:02
Sen. Chap Petersen (D-Fairfax)—00:02
Sen. Jill Holtzman Vogel (R-Winchester)—00:50
Sen. John Edwards (D-Roanoke)—00:00
Sen. Jill Holtzman Vogel (R-Winchester)—00:00
Sen. John Edwards (D-Roanoke)—00:02
Sen. Louise Lucas (D-Portsmouth)—00:04
Sen. George Barker (D-Alexandria)—00:02
Sen. Chap Petersen (D-Fairfax)—00:02
Sen. Bill Stanley (R-Moneta)—00:00
Sen. Barbara Favola (D-Arlington)—00:02
Sen. Jill Holtzman Vogel (R-Winchester)—00:02
Sen. Janet Howell (D-Reston)—00:04
Sen. Dick Black (R-Leesburg)—00:02
Sen. Jennifer Wexton (D-Leesburg)—00:00
Sen. Dave Marsden (D-Burke)—00:02
Sen. Dick Saslaw (D-Springfield)—00:04
Sen. Richard Stuart (R-Westmoreland)—00:02
Sen. Tom Garrett (R-Lynchburg)—00:04
Sen. Don McEachin (D-Richmond)—00:02
Sen. Adam Ebbin (D-Alexandria)—00:00
Sen. Jill Holtzman Vogel (R-Winchester)—00:04
Sen. Adam Ebbin (D-Alexandria)—00:04
Sen. Jill Holtzman Vogel (R-Winchester)—00:04
Sen. John Cosgrove (R-Chesapeake)—00:04
Sen. Bill Carrico (R-Grayson)—00:02
Sen. Jill Holtzman Vogel (R-Winchester)—00:02
Sen. George Barker (D-Alexandria)—00:02
Sen. Chap Petersen (D-Fairfax)—00:44
Sen. George Barker (D-Alexandria)—00:02
Sen. Chap Petersen (D-Fairfax)—00:04
Sen. Bill Carrico (R-Grayson)—00:02
Sen. Bill Stanley (R-Moneta)—00:00
Sen. Scott Surovell (D-Mount Vernon)—00:16
Sen. Bill Stanley (R-Moneta)—00:02
Sen. Scott Surovell (D-Mount Vernon)—00:06
Sen. George Barker (D-Alexandria)—00:02
Sen. Tommy Norment (R-Williamsburg)—10:58
Sen. Dick Black (R-Leesburg)—00:04
Sen. Janet Howell (D-Reston)—00:02
Sen. Don McEachin (D-Richmond)—01:06
Sen. Tommy Norment (R-Williamsburg)—25:03
Sen. Barbara Favola (D-Arlington)—00:14
Sen. Creigh Deeds (D-Bath)—00:10
Sen. Dick Black (R-Leesburg)—00:12
Sen. Dave Marsden (D-Burke)—00:12
Sen. Tommy Norment (R-Williamsburg)—01:42
Sen. Mark Obenshain (R-Harrisonburg)—00:00
Sen. David Suetterlein (R-Salem)—00:00
Sen. Mark Obenshain (R-Harrisonburg)—00:00
Sen. Tommy Norment (R-Williamsburg)—00:02
Sen. Mamie Locke (D-Hampton)—00:00
Sen. Creigh Deeds (D-Bath)—00:00
Sen. Tommy Norment (R-Williamsburg)—00:00
Sen. Steve Newman (R-Forest)—00:00
Sen. Tommy Norment (R-Williamsburg)—00:04
Sen. Mark Obenshain (R-Harrisonburg)—00:00
Sen. Scott Surovell (D-Mount Vernon)—00:45
Sen. Tommy Norment (R-Williamsburg)—00:00
Sen. Steve Newman (R-Forest)—00:02
Sen. Steve Newman (R-Forest)—00:34
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Minutes

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

Prayer offered by The Reverend Jacob Sahms, Blandford United
Methodist Church, Petersburg, Virginia

ROLL CALL OF MEMBERS: quorum present

Motion of Senator Stuart dispensed with reading of Journal (35-Y
4-N)

COMMUNICATION FROM HOUSE (HN10208): reading waived (37?Y 3?N)

The House of Delegates has passed the following House bills: HB
157, 185, 200, 241, 262, 317, 405, 462, 475, 481, 525, 535, 611, 644, 756, 818,
820, 821, 851, 870, 954, 968, 1013, 1094, 1142, 1211, 1270, 1341

House bills referred: see February 10 Senate Calendar

BILLS REPORTED

From Commerce and Labor: SB 85S, 136, 562S, 688; HB 31

From Finance: SB 24, 60S, 64S, 115, 282, 440, 449S, 459S, 508,
580A, 602, 717S, 742S

From General Laws and Technology: SB 41A, 202, 362, 493A, 552S,
564, 645A, 727S, 736S, 737S

BILL REREFERRED

From Commerce and Labor: SB 604 rereferred to Education and Health

On motion of Senator Norment, the Senate recessed at 12:14 p.m. to
reconvene at 12:43 p.m.

The Senate reconvened at 12:43 p.m.

COMMUNICATION FROM HOUSE (HN10209): reading waived (39?Y 1?N)

The House of Delegates has agreed to the following House joint
resolution: HJ 2689

CALENDAR

UNCONTESTED CALENDAR

SENATE BILLS ON THIRD READING

SB 597 - Read third time and passed Senate block vote (40-Y 0-N)

SB 180 - Read third time and passed Senate block vote (40-Y 0-N)

SB 212 - Read third time and passed Senate block vote (40-Y 0-N)

SB 237 - Read third time and passed Senate block vote (40-Y 0-N)

SB 264 - Read third time and passed Senate block vote (40-Y 0-N)

SB 286 - Read third time and passed Senate block vote (40-Y 0-N)

SB 296 - Read third time and passed Senate block vote (40-Y 0-N)

SB 392 - Read third time and passed Senate block vote (40-Y 0-N)

SB 427 - Read third time and passed Senate block vote (40-Y 0-N)

SB 452 - Read third time and passed Senate block vote (40-Y 0-N)

SB 454 - Read third time and passed Senate block vote (40-Y 0-N)

SB 463 - Read third time and passed Senate block vote (40-Y 0-N)

SB 491 - Read third time and passed Senate block vote (40-Y 0-N)

SB 513 - Read third time and passed Senate block vote (40-Y 0-N)

SB 538 - Read third time and passed Senate block vote (40-Y 0-N)

SB 669 - Read third time and passed Senate block vote (40-Y 0-N)

SB 765 - Read third time and passed Senate block vote (40-Y 0-N)

SB 774 - 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

SB 709 - 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 50 - Read third time and passed Senate (30-Y 9-N 1-A)

SB 270 - Read third time and passed Senate (22-Y 18-N),
Reconsideration of passage agreed to by Senate (40-Y 0-N), Passed Senate (21-Y
19-N)

SB 549 - Read third time and passed Senate (29-Y 8-N 2-A)

SB 574 - Read third time and passed Senate (38-Y 1-N),
Reconsideration of passage agreed to by Senate (40-Y 0-N), Passed Senate (39-Y
1-N)

SB 588 - Passed by for day

SB 705 - Engrossment reconsidered by Senate (40-Y 0-N), Black floor
substitute agreed to (voice vote), Engrossed by Senate (voice vote), Rules
suspended, third constitutional reading dispensed (38-Y 0-N), Passed Senate
(21-Y 19-N)

SB 248 - Read third time and passed Senate (38-Y 1-N), Reconsideration
of passage agreed to by Senate (40-Y 0-N), Passed Senate (40-Y 0-N)

SB 22 - Read third time and passed Senate (39-Y 0-N),
Reconsideration of passage agreed to by Senate (40-Y 0-N), Passed Senate (40-Y
0-N)

SB 128 - Read third time and passed Senate (40-Y 0-N)

SB 170 - Passed by for day

SB 172 - Read third time and passed Senate (33-Y 6-N)

SB 327 - Read third time and passed Senate (31-Y 9-N)

SB 336 - Read third time and passed Senate (40-Y 0-N)

SB 343 - Read third time and passed Senate (38-Y 2-N)

SB 358 - Read third time and passed Senate (32-Y 7-N)

SB 415 - Read third time and passed Senate (33-Y 7-N)

SB 438 - Read third time and passed Senate (28-Y 12-N)SB 611 - Passed by for daySB 626 - Read third time and passed Senate (32-Y 8-N)SB 660 - Read third time and passed Senate (38-Y 2-N)

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]
House? >> Yes, sir. >> The Senator from James city county, Senator Norment .
Tommy Norment
Thank you Mr. President. I respectfully move we waive the reading of any communications raefd from the House of delegates.
Bill Howell
The question is shall the reading of the communication be waived. All in favor of the motion 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 39, nos one.
[Unknown]
Ayes 39, nos one. The reading of the communication is waived. The clerk will please report the calendar.
[Unknown]
Before I get calendar, I would like to announce sta we have two new deputies on the desk today. Ms. Jenna Greason and Mr. Garrett vaughn. They are going to be co-clerks for the mok mock session, so they're up here observing what the clerk does.
[Unknown]
You thought you were going to be the lieutenant governor, didn't you.
[Unknown]
It should be an easy observation, sir.
[Unknown]
The Senator from James city county, Senator Norment ..
Tommy Norment
Are we calling the calendar now?
[Unknown]
I'm sorry?
Tommy Norment
Are we calling the calendar?
[Unknown]
Yes. Senate calendar for Tuesday, February 9th, 2016. Uncontested calendar, Senate bills on third reading.
[Unknown]
I move that all the Senate bills on the third reading on the uncontested calendar, which includes all Senate bills on pages 1 through 9, including Senate bill 507 through Senate bill 774, 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 1 through 9, Senate bill 507 through Senate bill 774, 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.
[Unknown]
Senate bill 507.
[Unknown]
Senator from Franklin .
[Unknown]
Ganchg, Mr. President. Can you please pull Senate bill 507 out of the block and pass it bye for the day?
Bill Howell
Without objection, Senate bill 507 will come out of the block and bye for the day.
[Unknown]
Senate bill 636.
[Unknown]
The Senator from Grayson .
[Unknown]
Can Senate bill of 36 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 597. Senate bill 180. Senate bill 212. Senate bill 237. Senate bill 264. Senate bill 286. Senate bill 296. Senate bill 392. Senate bill 427. Senate bill 452. Senate bill 454. Senate bill 463. Senate bill 491. Senate bill 513. Senate bill 538. Senate bill 669. Senate bill 709.
[Unknown]
The Senator from Hanover .
[Unknown]
Can that 079 come out and bye for the day.
Bill Howell
Without objection, Senate bill 709 will come out of the block and bye for the day.
[Unknown]
Senate bill 765. Senate bill 774.
Bill Howell
Thank you, madam clerk. The question is shall the bills in the block pass. That is, all bills except for 507, 636 and 709. 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, relating to waiver of tax penalties for small businesses.
[Unknown]
The Senator from Franklin, Senator tanly.
[Unknown]
With Senate bill 506 go bye for the day please.
Bill Howell
Without objection, Senate bill 506 will go bye for the day.
[Unknown]
Senate bill 197, relating to the interstate 73 corridor development fund and program.
[Unknown]
Senator from Franklin, Senator Stanley .
Bill Stanley
Thank you, again. Mr. President, 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 50, relating to courthouse and courtroom security, assessment.
[Unknown]
The Senator from northern Fairfax County, Senator Howell .
Janet Howell
Thank you, Mr. President. I move that the bill pass. Mr. President, this is the top priority of the sheriffs this year. What it does is it allows localities to increase the fee for courtroom and courthouse security, up to an additional $10. Everything would have to be done by the local governing body and it does not have to be the entire $10. It can be up to $10. These fees have not been increased since 2007, and yet, the courtroom threats have been going up. The deputies, they believe there are about 106 deputies short on courtroom security and this would make it possible for localities to provide that.
Bill Howell
Thank you, Senator. The question is shall Senate bill 50 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.
Janet Howell
Ayes 30, nos nine. Rule 36-1.
[Unknown]
Ayes 30, nos 9, rule 36-1, the bill passes.
[Unknown]
Senate bill 270, relating to sanctuary policies.
[Unknown]
The Senator from Buckingham, Senator Garrett .
Tom Garrett
Mr. President, I think that the bill is self explanatory and has been debated ad nauseam and with that, I move the bill pass.
[Unknown]
Thank you, Senator. The question is shall Senate bill 270 all in favor of the motion will opposed no. Record their votes aye, those are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
Tom Garrett
Ayes 22, nos 18.
[Unknown]
Ayes 22, nos 18. The bill passes.
[Unknown]
Senate bill 549, relating to conditional zoning.
[Unknown]
Mr. Chair.
[Unknown]
The Senator from Bath .
[Unknown]
Having voted on the prevailing side by which Senate bill 270 passed, I 'd ask that bill be reconsidered.
Bill Howell
That's a unanimous vote on the sucked time around, Senator. The question is shall the vote by which the bill 270 passed be record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The motion is agreed to. The Senator from Buckingham, Senator Garrett .
Tom Garrett
Mr. President, I move the bill pass.
[Unknown]
Thank you, Senator. The question is shall Senate bill 270 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.
Tom Garrett
Ayes 21, nos 19.
[Unknown]
Ayes 21, nos 19. The bill passes.
[Unknown]
Senate bill 549, relating to conditional zoning.
[Unknown]
Senator from Rockingham, Senator Obenshain .
Mark Obenshain
Mr. President, I move the bill pass. Speaking to the bill.
[Unknown]
The Senator has the floor.
Mark Obenshain
Mr. President, members of the Senate, this bill deals with proffers and it corrects what has gotten a little bit out of whack in terms of what the appropriate standard is for proffers in Virginia. Right now, we have a system in which cash proffers are allowable as long as they are reasonably attributable to the increased impact that a proposed development or rezoning has upon the infrastructure needs of a locality. However, the problem is that that reasonably attributed to standard has been so, so loosely interpreted by localities around Virginia, that we have localities that are adopting just flat $60,000 proffers, and flat fees without regard to the impact that it is really attributable to the -- or the increased burden that's attributable to the impact of a proposed rezoning. This tight tens that definition. It tightens the standard, allows -- continues to allow cash proffers, but it requires that the proffer be one that is specifically attributable to the increased impact of the proposed rezoning on the locality. There had been some concerns expressed about the -- about the architectural proffer ban. That's been taken out of this bill, and appropriate for certain high-density areas accommodations have been made around the quell of Virginia. So -- commonwealth of Virginia. So Mr. President, with that, I would say this is a piece of legislation that frankly is going to have a big impact on reducing sprawl. It's going to have a big impact on keeping home building and home buying affordable. It's going to prevent pushing people -- farther and farther out the I -95 and 66 corridors and creating additional strategic demand on those essential corridors for commerce. Modify the bill pass.
[Unknown]
The Senator from Fairfax city, Senator Petersen .
Chap Petersen
Gentlemen yield for a question?
[Unknown]
I yield.
Chap Petersen
The Senator from Rockingham yield for a question? He yields, Senator .
[Unknown]
I ask the gentleman if I look at line 44 and 45 of this bill, it deals with localities that request or accept any unreasonable proffer, is that
[Unknown]
It is correct. Correct?
[Unknown]
Further question, Mr. Chair.
[Unknown]
Senator yield for an additional question? He yields, Senator .
[Unknown]
I'd ask the gentleman if a developer comes forward and said I 'd like to rezone this property and I 'm willing to do x, y, z, willing to build a new park, invest money in a new road, I 'm willing to contribute money to the local youth club, and they make that request voluntarily and the locality accepts that request at face value, they could essentially be putting themselves under legal liability, am I not correct.
[Unknown]
The Senator from Rockingham .
[Unknown]
Mr. President, I would say respectfully, the Senator from the city of Fairfax is not we all know the realities of the correct. Situation. We know that very often when rezoning requests are made, there are suggestions made by the locality that we might more favorably look upon your application if you made this proffer or that proffer, and, of course, the developer, the home builder, the home buyer, they say -- they can understand that and they say, yes. Those are proffer demands no matter how you look at it. Take the situation of somebody who simply walks into jurisdiction a and says I make these proffer offers, wholly unsolicited, in the first communication to the county, and the county says no. And the developer sues and says, you know, you've denied my rezoning request on the basis of, you know, these unlawful proffers. They're not going to get out of the gate because, number one, there's not going to be any evidence that there is even -- any suggestion that those were proper requests that were made by the locality. Number two, in a situation in which, in which the proffer offers are actually accepted, this does nothing to undermine the doctrines of waiver or estoppel, and if the, if the rezoning is approved and the homes are built and the guy comes back in and says, you know, I want my remedy for your acceptance of these unlawful proffers, the county wins because waiver and estoppel would bar such claim.
[Unknown]
The Senator from Fairfax .
[Unknown]
Further question, Mr. Chair.
[Unknown]
With the Senator yield for an additional question?
[Unknown]
I yield.
[Unknown]
The Senator yields.
[Unknown]
I would ask the gentleman, just going by what I see on this plain white piece of paper, is there in here that says estoppel or waiver or anything other than if a developer makes a voluntary proffer and it's accepted and later deemed unreasonable, the developer can not only loose that playoff, but they could be
[Unknown]
There is nothing in here, but liable for legal fees. There is something called the Black book, code of the commonwealth of Virginia which has in the very beginning of it provisions that say that the common law governs and the common law of england, which is the common law that's been be a plied here in the commonwealth of Virginia, has well established the zok strins of uncheap -- doctrines of unclean hands, estoppel and waiver and there's nothing in there that undernines or joefrls those doctrine.
[Unknown]
Further question.
[Unknown]
The Senator simpreeld for an additional question?
[Unknown]
I yield.
[Unknown]
I'd ask the gentleman if he agrees with me that the common law is always overridden or superseded by a statutory law which speaks for a specific situation?
[Unknown]
Mr. President, I would say this does not speak for a specific situation that overrides the common law as it relates to waiver, estoppel, or unclean hands.
[Unknown]
The Senator from Fairfax city.
[Unknown]
Last -- or first final question, Mr. Chair, if I might ask it.
[Unknown]
Senator yield for an additional question?
[Unknown]
I yield.
[Unknown]
He yields, Senator .
[Unknown]
I would ask the gentleman that this bill uses the text about specifically attributable to the new proposed residential development. I would ask the gentleman who makes that decision as to what a playoff is attributable -- a prauf is attributable to a residential development.
[Unknown]
Mr. President, what I would say to the gentleman is that local governments have been supposed to be -- in the past, up to now, it has been their responsibility to make judgments as to what is reasonably attributable, what is attributable, and quite frankly, they haven't been doing that. They haven't been doing that. They've not been doing what the original legislative intent of our cash proffer laws envisioned them to do, and as a consequence, this is going -- this puts the burden back on them to do what they were expected to be doing in the first place. Now, some -- and frankly, most jurisdictions around Virginia that do have cash proffers, they're doing a pretty good job. They're not overreaching, they're not simply imposing blanket proffers. If you are making an assessment on behalf of a county as to the impact that is specifically attributable to the demands of the rezoning -- the increased demands that are attributable to the rezoning, you're going to be in come mines. If you're -- in compliance. If you've been doing it right, you're going to be in compliance. So it's up to the counties and we're asking them to do what we've always expected them to do, but that which some of them have not, frankly, been doing a very good job of.
[Unknown]
The Senator from Fairfax city.
[Unknown]
I thank the gentleman. I speak to the bill at the appropriate time.
[Unknown]
It's appropriate. You have the floor.
[Unknown]
Thank you. Ladies and gentlemen of the Senate, long before I got into this body, I actually served on a city council and to be honest, I was at least 29 years old when I got letted, so it was -- elected, so it was all fairly new to me ands woft things was, it was a very active time in northern Virginia for redevelopments and rezonetion and meeting with developers and deciding to developments, that's what you did. That's what you ran for and made the decision, and I would make a point are not just going to the site, but getting to know the neighbors and getting to know the project and meeting with the developer. I never once in all the times I listened and voted for or against rezonetion, net with a developer that didn't necessarily when they ask for rezoning, have proffers they were willing to make or consider to get the rezoning. That's how the process worked. Someone like myself was not smart enough to make a bunch of typically, you have somebody demands. Come to you and say its to rezone this property and I 'm willing to make an improvement to a park, put a turn lane on the roadway and that's when the negotiations would begin. The bottom line is, the people that we elect to public office are in the best place to make these negotiations. You anyway say, yes, but the -- May say, yes, but the system is rigz, burden in on the developer and in a lot of ways, I agree. In a lot of ways, the regulations and the proffers become burdensome, but there's 131 different localities in this state and you have a couple more across thehe potomac river and there's plenty of place stop go. I would agree to a reasonable bill to limiting cash proffers, but is this way more broad than that and you're talking about proffers which a locality accepts, not demands, what they accept. You could have somebody come in and say, well, I want more density and I 'm willing to do x, y, z for it, and you could accept those proffers and just under the plain letter of this law, you're suddenly opening yourself up for liability. And I note that some areas have been exempted because they're close to a transit station or they've been planned already for high density development, which always leads me to believe if it's a bad idea in general, why is it suddenly a good idea next to a metro station, okay? It's either a bad idea or a good idea. To be hont, I 'm very sympathetic with the home bidders. I represented them as a lawyer, I understand the economic principles. I do agree that proffers drive up the cost of housing, but we have people at the local level that have to weigh these choices and if you don't like them, get rid of them, but I think this is micro managing in an area where we really don't understand what's going on, so I do plan to strote against the bill.
[Unknown]
The junior Senator from lout done, Senator Wexton .
Jennifer Wexton
I rise to speak to the bill.
[Unknown]
The Senator has the floor.
Jennifer Wexton
Thank you n president. As I think nerve this body knows, I 'm from Loudoun County and having only been here a couple years, it's been very interesting to me so see how, when I tell people I 'm from Loudoun, I get a lot of eye rolls. Oh, Loudoun. I get it in from side of the chamber, from that side, from the rural caucus, the urban caucus. I get it, Loudoun is a little bit kooky times. I think the senior Senator from Loudoun agrees with me about that and I get frustrated with Loudoun County too, but Mr. President, there's an expression, nobody beats up my brother but me, and I think there's been a lot of misinformation going on with this bill and I think that it's important that everyone understands the kind of growth pack force we've had to -- factors we've had to deal with in my home county that I hope other folks in this chamber have to deal with as well. It seems appropriate that when I came home on Friday, I was greeted by the headline of the Loudoun times mirror, Loudoun growth leads state and what's not stated in the headline is, again, because that same headline, that same story could run in our local paper every year for the last decade plus. We have a lot of factors as we shift from being what is essentially a rural -- was a rural county to a more urban county and guess what? We don't want to be fully urban. We want to be able to maintain that rural character that is -- that makes it sup a great place to live and our proffer system has allowed us and to large extent to do that. Now, I just want to look at some of the numbers about what we've been looking at and facing in Loudoun County over the past five, 10, 15 years. While Virginia 's population has increased by about 4.8% since 2010, Loudoun 's has increased by 20%. Since 2000, our population has more than doubled from about 147,000 people to 375,000 people. We add the population of Essex County every year in Loudoun. We add almost 3300 new students to our public schools every year. Since 2001, we have constructed a number of capital facilities with the assistance of our proffer system. Nine fire stations. He also had to buy a bunch of equipment to go inside those fire stations, three sheriffs stations, two libraries, two rec centers, two respite centers, seven group homes, eight park and ride lots, a new adult deattention center, a new youth center, and since 2001, 41 new schools have been constructed in Loudoun County. That's 23 elementary school, nine middle schools and nine high schools. I've been in the Senate two years, I 've had two new homelesses open in my -- homelesses hope in my district. We've issued about 3200 new residential building permits each year since 2005. That's depths of the great recession. In 2015, we're probe looking at about 3800. That far exceeds the national and state average and what the numbers tell me is residential development is doing just fine in Loudoun County. But I do have a final number that its to share with you and that's 1.21 per $100 of assessed value. That's been our average tax rate in Loudoun County over the past seven years or so. So this growth comes with a Price and it's not all being picked up by the developers despite what they would have you believe. It's being picked up on the backs of my constituents. I think that this bill will limit the locality's ability to manage growth and to maintain the quality of life and it's going to create a further tax burden on my constituents, and so I 'm voting no. Thank you, Mr. President.
[Unknown]
Thank you, Senator. The Senator from Rockingham, Senator Obenshain .
Mark Obenshain
Mr. President, if I May, speaking to the bill.
[Unknown]
The Senator has the floor.
Mark Obenshain
You know, I 've got a little bit of an interesting perspective on this, and I really do appreciate the comments from the Senator from Loudoun County and others. You know, my district is on the outskirts of northern Virginia. I represent Warren County and I will represent Rappahannock County, and I represent a lot of people in Page County and Shenandoah County who work in Fairfax and in Loudoun and in Arlington and in Alexandria and in the district. Loudoun, I 'm sure, is a great place to live and I 've spent a lot of time there. It is the richest county in america and one of the reasons for that is that working folks can't afford to live there. They can't afford to live there. Loudoun and some counties, you know, the proffers are, you know, very aggressive in some of those counties. And what happens is that nurses or police officers, public safety officials, who May work inside the beltway, they can't afford the extra $60,000 to May be tacked on a House somewhere else inside the beltway, so what they do is leapfrog over outside of the corridor, outside of Loudoun and Prince William and Fairfax and Arlington into places like Stafford and Fauquier and Warren and Rappahannock County. They've got to get to work every day, and the way they get to work every day is on route one and on interstate 95 and on 66 and on 50 and on 7. And I hear an awful lot of complaints from people who live in northern Virginia about the traffic out there. And, you know what? A lot of folks who live in my district, I love them and I love representing them, but they sure would like to not spend an hour or two hours or two and a half hours on the road away from their family, commuting and causing traffic jams every day. So, you know, Mr. President, what I think this does is it makes the system more fair and reverts back to a system that is like we intended it to be. Like everybody thought it was going to be. If you're going to build a House, it's not fair for them to get socked with all the expenses that May arise countywide, but if I 'm going to build a House in a development that's being rezoned for ten homes, you know, sock me with the increased infrastructure costs that's caused by my ten homes. Not by the thousand homes that were built over the course of the past decade for which you need to catch up on infrastructure costs. Mr. President, this is a fairness issue. This is a working virginians issue. This is restoring what should have been all along, so with that, Mr. President, I would ask that this bill pass.
[Unknown]
The senior Senator from Fairfax County, Senator Saslaw .
Dick Saslaw
Mr. President, first off, let me tell you, this bill has been amended umpteen times to try to accommodate as many municipalities as possible. We dealt with one criticism after next, and I understand, you know, that Loudoun is in a different situation than a lot of other areas, but the fact is that the situation was being abused and the bill -- Senator Wexton named a lot of things that have occurred there. Not a single one of those would be barred by this bill. Let me repeat that. Not a single one of those proffers are barred by this bill if the development causes the impact that creates the need for that. One of the people that got up and testified against the bill said, gee, we're not going to be able to -- we need this money to build libraries. That's not what the proffer system is for. That is not what the proffer system is for, so you can build libraries. The case that went to the u.S. Supreme court years ago, and I 'm not an attorney, so I don't pay a whole lot of attention, but I think it was a case from oregon where a developer put something up, you know, I guess a large subdivision would be end of the county and at the other end of the county, he had to pay to build a school at the other end of the county. And if in fact it's -- the subdivision -- and by the way, this does not apply to any commercial rezonings. It does not apply to any commercial rezonings, so if that -- whatever that commercial rezoning creates, the door is open. It doesn't apply to that. If you're near a mass transit area, and I heard what the Senator from Fairfax city said, but they're exempted out for a reason and the reason is that you got mass density around there, and if they -- a transit zone or a mass transit zone, they're pretty much out of the bill. And by the way, I think if a county creates a corridor with a which is essentially a four-story building, they're out of the bill. And if building -- somebody wanted to come in with a subdivision, quite frankly, use not going to build that big of subdivisions anymore in my home county. Loudoun is different, I understand that, but if that a floor-to-air ratio of four, creates a need for a public school, then the developer, you know, is right there where the subdivision and elementary school and they're going to have to pay for it. We had developers in Fairfax County back in the '70s and '80s doing that when massive subdivisions created the need for an elementary school. They contributed. So they shouldn't pay -- the proffer is for the supposed to pay for the operating cost. That's what the real estate tax does that's on the new homes being built. There were abuses going on and you ought not to have a blanket fee. The proffer should be connected to whatever impact it creates in that area. Not a blanket fee for whatever because your costs are going up all over the county and you need the money to fix the problem. So -- and like I said, we haven't stone walled it on this bill. We have tried to meet every single person's demands on this bill, but there are some -- some people just can't be satisfied. I would hope that you all would support this bill and vote for its passage.
Bill Howell
Thank you, Senator. The question is shall Senate bill 549 record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change the clerk will close the roll. Their vote?
Dick Saslaw
Ayes 29, nos 8, rule 36-2.
[Unknown]
Ayes 29, nos 8, rule 36-2. The bill passes.
[Unknown]
Senate bill 574, relating to officers of election, required training.
[Unknown]
The senior Senator from Henrico, Senator McEachin .
Don McEachin
Mr. President, I move the bill pass and speaking to the
[Unknown]
The Senator has the floor. Bill.
Don McEachin
Mr. President, what this bill seeks to do is to place a treating requirement or board of elections that we have in our local jurisdictions. The materials are already available through the state board of elections. You know, as often as we change our laws, it was felt by some and fortunately by a majority of committee that we ought to have some required training. The bill has been nas saged quite a bit. I am -- other than the vote in opposition, I 'm unaware of any organized opposition to the bill and I hope it would be the pleasure of the Senate to pass the bill.
Bill Howell
Thank you, Senator. The question is shall Senate bill 574 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 38, nos 1.
[Unknown]
Ayes 38, nos 1. The bill passes.
[Unknown]
Senate bill 588, relating to establishment of charter schools.
[Unknown]
The Senator from Roanoke County, Senator Suetterlein .
David Suetterlein
Mr. President, May that go bye for the day fleece.
[Unknown]
Without objection, Senate bill 588 will go bye for the day.
David Suetterlein
Senate bill 705, relating to sanctuary policies. We have a floor substitute.
[Unknown]
The senior Senator from Loudoun, Senator Black .
Dick Black
Thank you, Mr. President. I move reconsideration of the vote by which the bill was ordered to be engrossed and advanced to its third reading.
Bill Howell
Thank you, Senator. The question is shall the vote by which Senate bill 705 was engrossed and advanced to its third reading be record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
Dick Black
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The motion is agreed to. The senior Senator from Loudoun .
[Unknown]
I move that we waive the reading of the floor substitute.
[Unknown]
Thank you, Senator. 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 senior Senator from Loudoun .
[Unknown]
I move we agree to the floor substitute.
[Unknown]
Speaking to that, Senator, you have the floor.
[Unknown]
Ladies and gentlemen, we had a fairly in-depth discussion of the bill dealing with sanctuary cities and basically allowing recoveries for injuries that occur as a result of their sanctuary policies. There were some issues that were raised in the course of the discussion, and as a result, we took the bill bye and we have introduced a floor substitute, which you should have. What the floor substitute does is it provides some clarification, first that the sanctuary city is liable for tortious injury to persons, that I believed was implied, but we have made it explicit. And the other thing is we have also made it explicit that the claim will be under the tort claims act and with that, I move that we agree to the floor substitute.
[Unknown]
Thank you, Senator. The Senator from Alexandria, Senator Ebbin .
Adam Ebbin
Is this the appropriate time to weigh in on the bill, sir? After the substitute or --
[Unknown]
This is for the floor substitute.
Adam Ebbin
Okay, I 'm sorry.
[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 Loudoun, senior Senator from Loudoun .
[Unknown]
Mr. President, I move that we suspend the rules and dispense with the third constitutional reading.
[Unknown]
Senator, we need to engrossed and advanced to its third reading before we get to that
[Unknown]
Yes. Step. I now move that we engross and advance the bill.
Bill Howell
Thank you, Senator. 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 the senior Senator from Loudoun. Advanced to its third reading
[Unknown]
And now I move that the constitutional reading be dispensed with.
Bill Howell
Thank you, Senator. The question is shall the rules be suspended and the third constitutional reading be dispensed 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 38, nos 0.
[Unknown]
Ayes 38, nos 0. The motion is agreed to. The senior Senator from Loudoun, Senator Black .
Dick Black
And Mr. President, I now move that the bill pass and speaking to the bill.
[Unknown]
The Senator has the floor.
Dick Black
Ladies and gentlemen, as I mentioned the other day, it is not my intention that any locality actually be exposed to liability under this. It is simply my desire that we nudge localities into conformance with law which is prescribed first by federal preemption principles and secondly by our own dillon rule, and with that, I urge that the
[Unknown]
Thank you, Senator. Bill pass. The Senator from Roanoke city, Senator Edwards .
John Edwards
Mr. President, not to repeat what I said yesterday on this bill, but this floor amendment in the nature of a substitute which is now the bill is not any better than yesterday. What it does, it makes the localities jointly and severally liable, I suppose, with the actual offender, the tortfeasor, for actions which the locality is not involved in at all. So you're making your localities insurors of the actions of maybe a stranger, somebody in their midst who is an undocumented immigrant, who commits a tortious act. This is making an enormous precedent in Virginia law. I cannot imagine any locality supporting anything like this. This is a far reach, it's a bridge too far, Mr. President. I would hope the body would reject this ill conceived bill.
[Unknown]
Thank you, Senator. The junior Senator from Loudoun, Senator Wexton .
Jennifer Wexton
Thank you, Mr. President. Would the patron rise for a question?
[Unknown]
Would the senior Senator from Loudoun yield for a question?
Jennifer Wexton
I yield.
[Unknown]
He yields, Senator .
[Unknown]
Thank you, Mr. President. I would inquire of the patron if it is his intention that an illegal alien who is the victim of a tortious act by another illegal alien would be able to seek contribution under this statutory scheme.
[Unknown]
The senior Senator from Loudoun .
[Unknown]
The rights of this accrue to the injured party. If -- I think if you had someone who was an illegal alien who had -- who was not judgment proof, who did have assets, I think that individual would be required to contribute to the award of damages, but from the vantage point of the individual who is injured, that individual would have the locality as a and again, I think it is backup. Essential to recall that the method by which the locality avoids exposure to this is by conformance to the law, following the laws of Virginia, following federal law. If they do that, they have nothing to worry at all about from this law.
[Unknown]
Thank you, Senator. The junior Senator from Loudoun .
[Unknown]
I thank the gentleman.
[Unknown]
Thank you, Senator. The Senator from Alexandria, Senator Ebbin .
Adam Ebbin
Thank you, Mr. President. Would the senior Senator from Loudoun yield for a question?
[Unknown]
Would the senior Senator yield for a question?
Adam Ebbin
I yield.
[Unknown]
He yields, Senator .
[Unknown]
I would ask the gentleman, if the bill would prohibit a law enforcement agency from having a policy of not routinely asking victims and witnesses of crime for their immigration status, particularly if it's not relevant to the investigation of the crime?
[Unknown]
The senior Senator .
[Unknown]
I would respond by saying that this bill does not require the locality to take affirmative actions to further federal law. It simply requires them not to impede federal law.
[Unknown]
Senator from Alexandria .
[Unknown]
Thank you. I'd ask the gentlemen if he'd yield for another question.
[Unknown]
Would the Senator yield?
[Unknown]
I do.
[Unknown]
He yields, Senator .
[Unknown]
As a point of clarification on the lines 15 and 16 of the bill, it says less than the full extent permitted by federal is how I read it, but I 'm wondering further if you've discussed the bill and its impact on law enforcement, of they're being prohibited from having such a policy, the way I read the bill, and I know that Virginia beach and Prince William are among those localities with a policy.
[Unknown]
Thank you, Mr. President. I understand the gentleman's question. I would point out on line 15 that it refers to a policy that restricts the enforcement of federal immigration laws. The policy must restrict and so the fact that the locality does not take action to advance, to affirmatively advance federal law is not going to cause them a the problem will only arise when problem. They take affirmative action to restrict federal law.
[Unknown]
The Senator from Alexandria .
[Unknown]
Speaking to the bill, sir.
[Unknown]
The Senator has the floor.
[Unknown]
You know, yesterday the senior Senator from Loudoun said that this bill would have no effect in Virginia, and I would maintain it would, that it would not only affect the 275 undocumented immigrants in Virginia among u but that it would affect the rest of us. The -- we're one of only two states that mandate everyone taken into custody in jail or prison that have their immigration status checked and one of the few states that has an explicit presumption for anyone present in the u.S. Without authority. To me, that would mean they would have to be kept because it would be less than the full extent fer knitted by federal -- permitted by federal law. Law. Further, it's unconstitutional to keep these people in jail after they serve their time for state or local offenses and I also want to point out an effect it would have to hees immigrants -- these immigrants as I asked the gentleman about, or alluded to in the earlier questions. His very next bill, Senate bill 248, shows or exemplifies the leadership that he has shown on combating issues of sexual assault and making sure that victims have the right to be tested so that we can stop sexual predators. I would maintain that this bill would discourage the reporting of sexual assaults by undocumented immigrants because it would put them in fear of being contacted by police. Right now the police departments have a policy, at least in Virginia beach, Prince William, and others that I 'm aware of, to ask the status of someone on a routine crime, and this would say to them, be careful because if we were to take this bill literally, your police officers would be -- would not be allowed to have a policy restricting the enforcement of federal immigration law to less than the full extent permitted. Federal immigration law permit and lot of things that Virginia is not the legal enforcer of. We've got -- we've done a good job, but I would say further that we adopted a policy and locally these policies were adopt, but some that don't routinely ask the immigration status of victims, it's essential to community policing and this body, this Senate passed 40-0 three years in a row a bill that makes that policy statewide, so this is countervailing to that kind of a policy. And if there is no effect of the bill, as the gentlemen stated yesterday, and I would dispute, then I would wonder why we have to pass this and with that, I would ask we vote no.
[Unknown]
Thank you, Senator. The Senator from eastern Fairfax County, Senator Surovell .
Scott Surovell
Speaking against the bill, Mr. President.
[Unknown]
The Senator has the floor.
Scott Surovell
Thank you, Mr. President. You know, I 'm kind of an odd duck I feel like sometimes in this state. I'm half redneck and half jew, and I 'm 12th generation on one side, 12th generation Virginia on one side and the other side, a third. I have one grandmother that thought harry byrd walk on water and saved the state and another grandmother that felt he was the devil incarnate. The reason she felt that way because when my grandparents move here from brooklyn looking for a job back in the great depression of 1935, they moved to Fairfax County and back then, it lad about 35,000, 40,000 people in it. Led the state in dairy production. That's what Fairfax was known for, it's milk and cheese that it created for the city of Washington. And the stories that I was told by my grandmother, my grandfather died when I was 5, but the stories I was told by my grandmother about what life was like when she moved to the county, coming down here with a different accent, with different clothes, different manners, different habits, pofrg into a county that was completely rural, living in a farmhouse on this little dirt road called gallows road which you might have heard of, they weren't treated very well. They were poll taxed, literacy tested, looked at funny because they weren't like everybody else who was here. They were different. And that made a big impression on her. It made a big impression on her children, and her children's children. Because they felt like they were not welcome. And I 've been looking at this bill and the other one we just passed a moment ago, and this legislation, it's int, I mean as a lawyer, it's -- it will be a dream for lawyers because I don't know what it means. I don't know how a judge would ever enforce it, but it looks like a lot of litigation opportunity to me, which for me looks like a lot of business, but it's not end portable the way it's -- enforceable the way it's written, so leads me to the question, what's the point? Why are we putting this on the books? I don't understand yet whether or not it waives sovereign immunity and the way I read it, I wouldn't apply anymore. But putting that aside, the reason this legislation is in here, we obviously have a trend and that's a trend going on for about the last ten years politically in country. Toiz send a message and we -- it is to send message and those of us who represent Prince William County, we're very familiar with the message. We heard it ten years ago. Prince william county sent a message to people new to the county and what it did was a lot of people fled and it crashed the home market in Prince William County ten types worse than it needed to, it resulted in vacant houses, real estate values crashed, made Prince William County the laughing stock of the united states of america and people still point to that disaster that happened because of what we did sending that message to those people. Now, you know, we have an opportunity. We can continue to send that kind of message. We can continue to say that Virginia is not open, that Virginia doesn't want people to come to this state, that Virginia does not like people who don't look like us or people that don't share our values, but the reality is, Mr. President, is that for states that have booming economies, for states that are open, states that have policies that embrace people, states that have policies that embrace people with new ideas, with new cultures, their economies thrive, their economies boom, and that's the kind of message that I think we need to send to this entire state so they can enjoy the same kind of success we've had in northern Virginia. I would encourage the body to vote against this bill so we don't send the wrong message.
[Unknown]
Thank you, Senator. The senior Senator from Loudoun, Senator Black .
Dick Black
Mr. President, if there is no one else who desires to speak, I would just like to address the comments that were made by the first of all, I have to speak in gentleman. Defense of Prince William County. I don't think it's the laughing stock. I think it's a very proud county and I don't think that's exactly what the gentleman meant to say. But as far as the greater sweep of things, this is not targeted at any group of people, it's not intended to injure anybody or embarrass anybody. It is intended to avoid Virginia falling into the same situation that is sweeping certain places around the country where we're coming up with sanctuary cities, sanctuary cities that defy federal law, that defy the rule of law and whatever we decide -- and you know, I think probably throughout our lifetimes, all of us are going to be dealing with issues related to immigration. This is just inevitable. However, whatever we do, this nation needs to comport with the rule of law. The laws May be laws that I like, they May be laws that you like, but we need to comport with the rule of law and when we have locations that establish sanctuary cities where they say, we're just going to inmore or disobey laws, I think that's a problem. That is not the way that Virginia operates and so while I have great sympathy and I understand that the gentleman has very genuine sympathy for many of the people who have come here legally or illegally, this is not targeted at people of any particular group. It is targeted at maintaining the rule of law in Virginia, and I would hope that you pass the bill.
[Unknown]
Thank you, Senator. The Senator from Buckingham, Senator Garrett .
Tom Garrett
Thank you, Mr. President. Speaking to the bill.
[Unknown]
The Senator has the floor.
Tom Garrett
I would invoke tip o'neill, like I have a couple times. He was a pretty neat guy, my favorite quote was your entitled to your own opinion, but you're not entitled to your own facts. I was just reminiscing over what was said as relates to this bill and states with different policies and which states grow and prosper, so I was curious to see which states are growing. Some of the top ten are north dakota, texas, utah, florida, arizona, south carolina, north carolina, obviously all very liberal states, right? What states are shrinking? Connecticut, illinois, michigan, rhode island. Wow. Obviously states that embrace these policies are the ones that are -- wait, never mind, that's not true. It's amazing how the same questions get asked again and again and again, Mr. President. I don't know whether the Senator from Loudoun was speaking a foreign language or people just weren't listening. But like Senate bill 270, no, this bill does not compel localities to inquire as to immigrant status. Whether or not that's the law in Virginia right now is up for debate, but this bill doesn't do it. Another person said, I don't know of any locality that would want this. Well, let me break it down for you. Don't adopt a sanctuary city status. I know this is pretty complex bill, golly ned, it's about seven or eight lines of text. But on line 14 of the body, which was about the seventh line of text, it says for purposes of this section, sanctuary city means any locality that adopts any ordinance or procedure or policy. So if this would have such a horrible impact on a locality, don't adopt it. We learned yesterday from the same people that posed this bill that nobody is doing this. And finally, we heard about a message, a message that was being sent. And I would wholeheartedly concur that indeed, a message is attempting to be sent. Here's the difference. We're not trying to send it to people. We're not trying to send it to undocumented immigrants. Okay? If I were poor in another country and I couldn't support my family and I knew that prosperity and opportunity existed elsewhere and that that country wasn't enforces its laws and not doing anything from stopping people from pursuing that prosperity and opportunity and I didn't go there to take care of my family, what kind of father woi be? The message isn't sent to the people. The people aren't doing anything other than what people who love their families want to do. The message is to be sent to our governments at the federal level which has these laws on the books which are farcical, wherein blue collar native-born americans and immigrants undocumented and documented suffer. Any law on the books not enforced should be enforced or there's a message being sent changed. Here. It is to enforce the darn laws. Enforce the darn laws. I don't care about the color of an individual's skin. I care about the rule of law and doing what's right. Why is that so hard? I ask that we pass the bill.
[Unknown]
Thank you, Senator. The senior Senator from Fairfax County, Senator Saslaw .
Dick Saslaw
You know, Mr. President, you hear a lot of strange things. I heard the senior Senator from Loudoun say that, you know, you May not like the laws, but you need to obey them if we're going to have the rule of law. Of course, the question I 'd ask, does that also apply to gay marriage? But listening to what, you know, has just been said, as far as sending a message, generally speaking, message bills don't do real well. We passed a lot of them out of here, some make it through the House, a lot of times they get vetoed by governors, and probably not without good reason. And I 'm reminded of -- there used to be a gentleman by the name of samuel goldwin. To the younger people in this chamber, he was one of the two founders of a film production company by the name of moird goldwin mayer. You often see the emblem mgm. And he left and started his own production company, and he made a ton of broadway musicals that he put on film. And they were virtually -- they were all big hits. You movies that you could take your kids to and wouldn't be embarrassed by anything that occurred there. They were great movies. And one day somebody said to him, you know, sam, your novice are really great, but -- movies are really great, but there's no negligent. Let me tell you what sam goldwin he said you want to send a told him. Message, go see western union, and quite frankly, this is going to be about as sending a western union message. I can-can tell you how many -- I can't tell you hom local elected officials that I 've read, heard, been in the presence of in the city of xraernz, county of Arlington, county of Fairfax loo, said we have no intention of enforcing that federal law. Let me repeat that. Have no intention. Now, you can say, well, they didn't adopt the policy, but let me tell you, they May as well have said that and I take them at their word that they're not. I don't have to tell you about -- effectively, they've adopted sanctuary policies. They just haven't put it in their local ordinance, but there's no difference. I mean, who are we kidding? Okay? So, you know, this isn't like wine. This bill doesn't improve with age. So I would hope that we get a little better resolve and not send this down to the House and possibly from there on where you can pretty much guess it's going to meet a veto, probably going to meet a veto. So anyway, that's my story and I 'm sticking to it, Mr. President.
Bill Howell
Thank you, Senator. The question is shall Senate bill 705 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.
Dick Saslaw
Ayes 21, nos 19.
[Unknown]
Ayes 21, nos 19. The bill passes.
[Unknown]
Senate bill 248, relating to authority to consent to physical evidence recovery kit examination, minors.
[Unknown]
The senior Senator from Loudoun, Senator Black .
Dick Black
Mr. President, I move passage of the bill and speaking briefly to the bill.
[Unknown]
The Senator has the floor.
Dick Black
Ladies and gentlemen, we discussed this yesterday, but just to summarize, this is the bill, the substitute of which will prevent a suspect who happens to be a parent, a step parent, a guardian, from denying consent to conduct a rape test investigation of a child where the child has potentially been raped by that individual. We did have testimony from the Head of the district attorneys who said this is a major problem. It is a major problem. They come up with it again and again. 15-year-old girl comes in and says pie stepdad just -- my stepdad just raped me and they have to ask the stepdad for permission to do the rape test kit, which is obviously not very reasonable. We stumbled across this in the course of doing our larger work on rape test kit examinations, and I think it's a very important piece of legislation. I applaud the lady from Arlington from taking a lead in this and a number of others who participated. So with that, I ask passage of the bill.
Bill Howell
Thank you, Senator. The question is shall Senate bill 248 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 38, nos one.
[Unknown]
Ayes 38, nos one. The bill passes.
[Unknown]
Senate bill 22, relating to expungement of certain offenses.
[Unknown]
The Senator from Hanover, Senator McDougle .
Ryan McDougle
Mr. President, I police officer the bill pass and speaking to the motion.
[Unknown]
The Senator has the floor.
Ryan McDougle
Mr. President, members of the Senate, this bill is a sea change from the way waive done practice on the -- we've done practice on the criminal justice direction in Virginia. This is the opportunity to allow an individual who has been convicted or the facts have been found sufficient by a court to convict them, to have their charges expunged. Even though this is a sea change, the way this legislation is drafted, it is very narrow. It only applies in a couple of circumstances. Those are an individual is less than the age of 21 and they possessed alcohol or they possessed marijuana. Mr. President, as we've gone through the process, and I spent a lot of time over the summer talking with individuals in different groups, prosecutors, activist groups, people just worried about their children and the opportunities they might have, came to a conclusion that we did need to look at the impacts that some convictions have on individuals ontheir abilities to have a career and be productive citizens in our commonwealth. And we came up with a very narrow focused direction to allow an individual who has had a conviction for possession of marijuana or possession of alcohol or a charge of either of those two statutes taken under advisement, to ultimately have it expunged or stricken from their record. Mr. President, with that explanation, I would ask that the members of the body to vote in support of Senate bill 22 and renew the motion for its passage.
Bill Howell
Thank you, Senator. The question is shall Senate bill 22 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 bill passes. The Senator from bucking ham.
[Unknown]
Thank you, Mr. President. Having voted on the prevailing side by which we passed Senate bill 248, I ask that be taken up for reconsideration. I'm working on my auction near skills.
Bill Howell
Thank you, Senator. The question is shall the vote by which Senate bill 248 passed be 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 motion is agreed to. The senior Senator from Loudoun, Senator Black .
Dick Black
Mr. President, having been previously explained, I move passage of the bill.
Bill Howell
The question is shall Senate bill 248 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.
Dick Black
Ayes 40, nos 0.
[Unknown]
Ayes 40 nos 0. The bill passes. The Senator from James city county, Senator Norment .
Tommy Norment
Thank you very much, Mr. President. Returning to Page 11 of the calendar, having voted on the prevailing side by which Senate bill 574 passed, I would ask we reconsider that vote, sir.
[Unknown]
Thank you, Senator. The question is shall the vote by which Senate bill 574 passed be record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
Tommy Norment
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The motion is agreed to. The senior Senator na Henrico .
[Unknown]
Mr. President, the bill having presently been explained, I move its passage.
Bill Howell
Thank you, Senator. The question is shall Senate bill 574 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. The Senator from eastern Fairfax County, Senator Surovell .
Scott Surovell
Thank you n president. Having voted on the prevailing side by which we passed Senate bill 22, May we reconsider that vote so a member can record their vote. Senate bill 22.
[Unknown]
Thank you, Senator. The question is, shall the vote by which Senate bill 22 was passed be 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.
Scott Surovell
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The motion is agreed to. The Senator from Hanover .
[Unknown]
Mr. President, having been previously explained, I move Senate bill 22 pass.
Bill Howell
Thank you, Senator. The question is shall Senate bill 22 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. The Senator from Fairfax city, Senator Petersen .
Chap Petersen
Senate bill 128, relating to personal injury and wrongful death actions, disclosure of address.
[Unknown]
The Senator from Roanoke city, Senator Edwards .
John Edwards
Mr. President, I move the bill pass and by way of explanation, Senate bill 128 is a very simple bill. It simply provides that prior to a lawsuit being filed, if an attorney or the injured party requests the insurance company to provide the physical address of the insured, then the insurance company shall provide the physical address if available. That's all it does and with that, I renew my motion that the bill pass.
[Unknown]
Thank you, Senator. The question is shall Senate bill 128 all in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Do any senators desire to change their vote? The clerk will close the roll.
John Edwards
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The bill passes.
[Unknown]
Senate bill 170, relating to nonsuits, tolling of limitations, contractual limitation periods.
[Unknown]
The srp from eastern --
[Unknown]
Mr. President.
[Unknown]
The Senator from Hanover .
[Unknown]
Could Senate bill 170 go bye for the day?
Bill Howell
Without objection, Senate bill 170 will go bye for the day.
[Unknown]
Senate bill 172, relating to foreign business entities, consent to jurisdiction and service of summons for witness or subpoena duces tecum.
[Unknown]
The Senator from eastern Fairfax County, Senator Surovell .
Scott Surovell
Mr. President, I move the bill pass and speaking to the motion.
[Unknown]
The Senator has the floor.
Scott Surovell
Thank you, Mr. President. Senate bill 172, ladies and gentlemen, basically says that if a company maintained a registered agent in the commonwealth of Virginia and they're served with a subpoena on that registered agent, that steen can be enforced in Virginia. Clarifies a supreme court case that came down last year. I hope the body would pass the bill.
Bill Howell
Thank you, Senator. The question is shall Senate bill 172 record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 33, nos 6.
[Unknown]
Ayes 33, nos 6, the bill passes.
[Unknown]
Senate bill 327, relating to marijuana offenses, driver's license forfeiture.
[Unknown]
The Senator from Alexandria, Senator Ebbin .
Adam Ebbin
Thank you, Mr. President. I want to be clear what sb 327 does and what it doesn't do. The bill does not decriminalize or legalize the use of marijuana and I want to thank the gentleman from Franklin and bucking ham for cosponsoring the legislation. What the bill does do is deal with how we treat first-time marijuana offenders. Right now, a first-time drug offender can get what's called a 251 deferred disposition and that disporks without a finding of guilt, gives you a criminal record, a fine, requires you not to use drugs or alcohol and to be tested regularly to ensure that, perform community service, and maintain employment or seek employment. And that's the challenge. If you -- currently it also suspends your driver's license for 60 days. I'm sorry, six months. And that's a challenge. If your driver's license is taken away for six months, and you're required to maintain your employment or seek employment, you are severely impacted. We know that this penalty used to be in place in all 50 states, and we know that today, Virginia has one of the highest suspension rates of driver's licenses in the country for non-driving drug offenses. Over 29,000 people each year, which is more than even new York, florida, or texas. And we know that 34 states have no longer automatically suspend the licenses for non-driving drug offenses, recognizing the ineffective foil that has broadly -- policy that has broadly negative consequences. All of Virginia 's neighboring states, maryland, west Virginia, kentucky, tennessee, and north carolina, do not suspend driver's licenses. The driver's licenses, though, would be suspended if the offender was found guilty of the offense in the event that they don't successfully complete their 251 disposition. With that, I move the bill pass.
Bill Howell
Thank you, Senator. The question is shall Senate bill 327 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.
Adam Ebbin
Ayes 31, nos nine.
[Unknown]
Ayes 31, nos nine. The bill passes.
[Unknown]
Senate bill 336, relating to the board of education, high school graduation requirements.
[Unknown]
Senator from Newport News, Senator Miller .
John Miller
Thank you, Mr. President. I move the bill pass and speaking to the bill.
[Unknown]
The Senator has the floor.
John Miller
Mr. President, members of the Senate, this bill will lead to the redesign of high schools and dramatically change the way we prepare our students for either college or career. This legislation is the recommendation of the sol innovation committee and for students who want to go on to college, they will continue with their education courses, which will be more rigorous, but if a student wants to enter a career after high school, they will now get credit for internships, apprenticeships and earning industry certification, so when they graduate, they'll have the skills and experience they need to get a job upon graduation. I renew my motion that the bill pass.
[Unknown]
Thank you, Senator. The question is thal Senate bill 336 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 343, relating to possession of or distribution of marijuana for medical purposes, cancer.
[Unknown]
The -- is the Senator from Portsmouth here? The senior Senator from Henrico .
[Unknown]
Mr. President, can that bill go bye temporarily?
Bill Howell
Without objection, Senate bill 343 will go bye temporarily.
[Unknown]
Senate bill 358, a bill relating to hearsay exceptions regarding the add missability of statements by children in certain cases.
[Unknown]
The Senator from Hanover, Senator McDougle .
Ryan McDougle
Thank you, Mr. President. I move that Senate bill 358 pass and speaking to the motion.
[Unknown]
The Senator has the floor.
Ryan McDougle
Mr. President, this bill is -- touches on a difficult topic to discuss in this body in particular, but it's dealing with a hearsay exception for what is commonly referred to in other states as a tender years larrysay exception. Having been a prosecutor mice, a former prosecutor myself and the gentlelady from Loudoun, we've had the opportunity to prosecute cases that are difficult in nature, that are involving sex offenses and abuse cases against minors. One of the situations that occurs in those cases is the ability of a young, tender-aged victim to be able to testify. Sometimes these cases can be very difficult just by their nature where a child might express to a caregiver that they had been violated by an adult. The commonwealth or government goes to that adult and they confess to the entire matter, and admit that they had committed thosing a greg gus act many, but that child might have difficulty in being able to testify or be unavailable. Mr. President, after supreme court case over the summer, it was the ohio versus clark case, it became clear that this type of hearsay exception limited, as we have proposed it here in Virginia, is constitutional and thus it is here with us in legislation. So Mr. President, this does create an exception for testimony of a victim that is under the age of 13 to be able to come in when we are otherwise not going to let that information in today n a very limited form, and it will be very helpful as we try to prosecute individuals who are with that, Mr. President, I violating our children. Renew the motion that the bill pass.
Bill Howell
Thank you, Senator. The question is shall Senate bill 358 all in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 32, nos 7.
[Unknown]
Ayes 32, nos 7. The by passes.
[Unknown]
Senate bill 415, relating to legal age for marriage, emancipation petitions for minors intending to marry, written findings.
[Unknown]
The Senator from Fauquier, Senator Vogel .
Jill Holtzman Vogel
Thank you, Mr. President. I move passage of the bill and speaking to the bill.
[Unknown]
The Senator has the floor.
Jill Holtzman Vogel
Thank you, Mr. President. I brought this bill after an issue arose in my district where a young girl who was 15 was with a guy in his 50s, and she was dating this guy, presumably, or with this guy when she was 15 and when she was 16 and as the case was later investigated and this gentleman took this young girl out of state, it appeared that as the case was under investigation and the heat was being turned up, this gentleman married her. And a number of folks were incredibly concerned about this because it was obvious that he was in his 50s and as folks began to look into it further, they realized that this was his second time that this had happened to a very young teenage girl and it was the second time that it happened with this gentleman. They came to me and said we can't believe this this is legal in Virginia, and we can't believe that when something that looks like abuse, that would appear to be something that shouldn't be legal in Virginia, can then kind of go away because you marry that young teen age girl, how is that legal? And so they investigated it with the sheriff's office and with the police and with child protective services and child protective services, having been involved in the case, said well, if there's no custodian parent and there really is a victim that will come forward, there's nothing you can do in the case of this kind of alleged abuse situation. And so being the legislator, I said well, you know, there really isn't anything I think I can do as a legislator. I understand this is a terrible situation. And so as this became -- there was a lot of pressure on me to do something about this and then lots of and lots of other people who were concerned about this came forward and said, well, here's another story and another story and another story. And so it was obvious to me then in looking at Virginia 's marriage laws and in doing some research into what other states do and have done to reform their marriage laws, that Virginia 's marriage law is really out of whack and that we're out of step with what other states are doing to protect children. And so what was disturbing to me is that in looking at health department statistics, looking over just the last ten years, we have children getting married routinely who are 13 years owed and subsequently went back and look and the health department sclamed that some of their numbers were wrong, but in many cases they had children hissed that were 12. They've come back and said in two or three of those cases, that was a mistake, but it doesn't matter. If you're 13 years old or 14 years old, somebody should be saying something when you show up and present to the clerk of court and check off a piece of paper saying you can get married, 90% of these children who are 13 or 14 or 15 yaers old who are getting married are not marrying somebody who is 14 or 15 years old. They're marrying somebody who is much, much older, sometimes 20 or 30 years older. That is to me a really disturbing starving to read and a disturbing -- statistic to read and a disturbing case that Virginia is not doing something about that, that somebody is not at least stopping to investigate that and we don't have that some process in the state of Virginia like other states do that at least a court or judge or somebody is looking at this and looking at the best interests of the child. The bill I brought to the courts committee which raised a few eyebrows, and frankly my preference, just a straight you have to be 18 to get married. I understand why that seems honor russ and perhaps a bit of a high standard, so we went back and looked at this again and we came up with the bill that you have before you now. This bill says you got to be 16 to get married. It says before at 16, the process for emman's participation and it says the process where you have to go before a judge if and the judge says, I 'm going to look at these factors that consider the best interests of the child, and determine whether or not it's in the interests to go through the emancipation process and allow that child to get flared. Otherwise, you have to -- get married. Otherwise, you have to wait until you're 18 years old. If you consider for a minute that Virginia 's current law which allows you to get married when you're 14 or 15 or even 13 years old, if you consider what that means to a child and what risk that poses, and I understand that May be a circumstance and we all know great stories of people who got married very young and go on to live 50 years or 70 years and be happily married, but you consider the countervailing risk to that child. If you're inless and you're 14 or 15 or 16 years old, the chances you're going to finish high school and complete your education, have a stable household, it's just not very likely. And so more importantly, when you consider and look at the statistics about what happens in the cases where many of these young children who are getting married because they're being coerced and you look at the high, high rates of violence and sexual assault and in many cases domestic abuse, and as I was carrying a number of domestic violence bills this session, looking at statistics relating to very, very young marriages, it was really disturbing, so I bring this bill to the body in lopes that you will consider that reforming Virginia 's current marriage law as priority for no other reason than it is such an important protection to children. So with that, Mr. President, I would ask that the bill pass.
[Unknown]
Thank you, Senator. The Senator from Bath County, Senator Deeds .
Creigh Deeds
Mr. President, I 'd like to speak to the bill.
[Unknown]
The Senator has the floor.
Creigh Deeds
Mr. President, I share every one of the Senator from Fauquier 's concerns. I want to protect children. I've got three daughters and if I could change that 18 to 35 legally and constitutionally, I would do it. That would be my bill. But I want to remind you of something. H.L.Menneken, the journalist said that consistency is the hobgoblin of small minds. I want you to imagine a 17-year-old pregnant girl. In 2003, this legislature passed a bill that says that 17-year-old pregnant woman, pregnant girl, has to get permission from a parent or go to court to get an abortion. Truth of advertising, I voted against that bill. But we are saying now that that same 17-year-old pregnant girl bypasses the parents and has to go to court before she can be married. H.L. Menneken was on to something.
[Unknown]
Thank you, Senator. Would the Senator from Fauquier yield for a question?
[Unknown]
I'd ask the gentlelady, she made in her remarks, she said that the age would be 16 to get married, but in the bill, it looks like it's 18. I'd ask the gentlelady what the minimum age is.
[Unknown]
The Senator from Fauquier .
[Unknown]
Mr. President, the minimum age at which you can marry is 18, but the floor is 16 if you are emancipated. You just have to go to a judge and go through the process. You could go to a judge and say I wish to be married, and you can make the judge to the judge that I am not being coerced, I am here before you, you know, with every intention, I 'm able to make a good decision on my own. You can make the case before the judge and the judge would be able to decide if it was in the best interests of the child and if the judge believed that I was and the judge could emancipate that minor and would allow that person to get married.
[Unknown]
I thank the gentlelady.
[Unknown]
Thank you, Senator .
[Unknown]
Mr. President. If I May just make one last
[Unknown]
The Senator has the floor. Point.
[Unknown]
In speaking to the remarks that were made, one of the major issues that I neglected to mention that I think would be important for this body to understand is that under the current marriage laws and the laws regarding statutory rape, you know, we have some major inconsistencies. We are saying that you, in order to get a protective order, you have to be 18. In order to go to a shelter, if you're a battered or abused woman and you want to leave and go to a shelter, you have to be 18. They will turn you away. If you leave your home and go to the police, they will take you back to your louse if you're under 18 -- House if you're under 18. All those -- for all those reasons, you have to be 18. So if you are in a situation where you're a child and you're married, you have to rights as an adult, and so it was really for all those reasons that I wanted to set the age at 18. So anyway, I appreciate the indulgence of the body and I move the bill pass.
[Unknown]
Thank you, Senator. The Senator from Roanoke city, Senator Edwards .
John Edwards
Will the Senator from Fauquier rise for a question.
[Unknown]
The Senator yield for a question.
John Edwards
I yield, Mr. President.
[Unknown]
She yields, Senator .
[Unknown]
Mr. President, would the Senator answer that it appears to me in reading this, that under 18, a child cannot get married even with parental consent. You need to go to court to get an order of emancipation if you're under 18 to get married. Is that what the bill says?
[Unknown]
Mr. President, that is exactly what it says. It says as a minimum, if you're 16, you have to go to a judge and have the judge consider the best interests of the child.
[Unknown]
What are the standards of the best interests of the child? Is that set forth in this bill?
[Unknown]
Would the Senator yield for an additional question?
[Unknown]
Mr. President, it does list in the bill, it says -- bear with me for one second. It lists several things that the court might consider, whether they're being coerced, if it's not forced or coerced, if they're mature enough to decide the marriage would not endanger the minor.
[Unknown]
Mr. President, speaking to the bill.
[Unknown]
The Senator has the floor.
[Unknown]
Mr. President, the record shows I voted against this bill. Nobody supports the rights and protection of children more than I do. Right now, the law is if you're under 18, you can get married with parents consent. I forget what the floor is. I think under 16, if you're pregnant, I believe it is. But the parents can decide whether their 16, 17-year-old child can get married today. This takes that away. This puts it in the hands of a judge who's not going to know what to do. He doesn't know who these people he listens to the evidence and are. I'm not sure our juvenile judges want this responsibility, but I also think that parents ought to have that responsibility to decide whether their underaged child should get married and for that reason, I voted against the bill.
Bill Howell
Thank you, Senator. Thank you, Mr. President. The question is shall Senate bill 415 all in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 33, nos 7.
[Unknown]
Ayes 33, nos 7. The bill passes. The Senator from southern Fairfax County, Senator Barker .
George Barker
Mr. President, I move that Senate bill 438 pass and speaking to the measure.
[Unknown]
Senator, I 'm sorry, we jump ahead of our clerk here, so madam clerk will report the bill.
George Barker
If we could return to Senate bill 343, a bill relating to possession or distribution of marijuana for medical purposes, cancer.
[Unknown]
The Senator from Portsmouth, Senator Lucas .
Louise Lucas
Thank you, Mr. President. A similar bill passed this body last year and it was dealing with the treatment of epilepsy, so this year, what Senate bill 343 does is it provides an affirmative defense in the possession of marijuana in the form of can't bin identified oil or thc oil possessed pursuant to valid written cert cad issue by a practitioner of medicine licensed by the board of medicine for purposes of treating cancer or alevating such patient's symptoms. The bill provides that a practitioner shall not be prosecuted for distribution of marijuana under the circumstances outlined under this bill, Mr. President. I move that the bill pass.
Bill Howell
Thank you, Senator. The question is shall Senate bill 343 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.
Louise Lucas
Ayes 38, nos 2.
[Unknown]
Ayes 38, nos 2. The bill passes.
[Unknown]
Senate bill 438, relating to public institutions of higher education, social media accounts, disclosure.
[Unknown]
The Senator from southern Fairfax County, Senator Barker .
George Barker
Sorry, I 'm ahead of myself. Now I do move that Senate bill 438 pass and speaking to the measure.
[Unknown]
The Senator has the floor.
George Barker
Mr. President, Senate bill 438 deals with the -- trying to protect the students in higher education institutions in Virginia, both public and private higher education institutions, from having to disclose either the user name or password for their social media accounts. This is something that's come about within the last decade or so in terms of a significant issue and there's been a huge evolution of the -- what's been happening in this front. Four or five years ago, it was actually pretty common and many instances, the majority of institutions did require some or at least some aspect of the institutions required disclosure of these user names and passwords. There was one survey that was done that showed over two-thirds of higher education institutions that responded to the survey, which was almost 100 institutions, did require at least some students to disclose the disclosure of this this information. Information has invade the the privacy of a lot of these students and has resulted in actions being taken against many of these students in violation of their privacy. What has happened in the last several years, there's been a strong reaction to those types of things, not just related to higher education institutions, but across the board in trying to protect individuals from having to disclose social media information. We're now have 13 states in terms of higher education institutions do freeway the protection that this -- provide the protection that this measure seeks to provide. Just last year, we passed a bill that provided protection for so the employees of both the employees. Public and private sector, which in effect would include the employees of both public higher education institutions and the private higher education institutions now are protected. Which this measure would do is provide the same protections to the students themselves and I think as a step in the right direction, this bill was not opposed by either public or private higher education institutions and in fact the private higher education institutions worked with us on coming up with a minor amendment to help us move the bill forward. With that, I hope it would be the pleasure of the body to pass the bill.
[Unknown]
Thank you, Senator. The Senator from Fairfax city, Senator Petersen .
Chap Petersen
Thank you, Mr. President. I rise to speak against the bill. Mr. President, ladies and gentlemen of the Senate, this will be the first of the Petersen -Barker debates today, but I want to speak a little bit about this bill because I support privacy. I've supported bills to enshrine privacy in Virginia law and make sure that adults and homeowners and taxpayers are protected, but this is a different situation. Let me give you a couple reasons why. First of all, note that we're including private schools in this. Now, I was in the higher education subcommittee hearing and it's true that the private schools did not come forward to object, but they certainly didn't ask for it either. And the bottom line is when you're child decides to attend a private school or you tied to attend a private school, that's really between yourself and that school and we're really, for the first time, inserting ourselves into that relationship in terms of who can set what rules in terms of kct. Frankly, I would probably have this as a rule, but again, we're sepg into a private relationship between a family and a school and telling them how to run their business. Number two, you know, a lot of these college students are minors. I happen to be the father of a 17-year-old girl. I got news for you. That social mediaing is supervised. Okay? And supervised by her parents or more accurate, her mother, but the bottom line is lots of times you have 17-year-olds on our college campuses, so the fact that they have some supervision of their social media account, again, I 'm not presuming that's the right way to go, but they hardly have a constitutional right to privacy at the age of 17, particularly when they're using a phone that somebody else is paying the bill for. Third, I don't know if you all noticed this, but we've had a little incident at Virginia tech where a couple students got in touch with a young woman in the community and that young woman has been abducted and the initial contact was made through social media. We pass laws like this and our schools and universities have no way of accessing these accounts. We're tying their hands. Obviously that's a criminal matter and it will be investigated by the commonwealth attorney, but let's say for some reason, that matter had been referred to the college or university to investigate. How do they investigate william we're telling them they can't look up this information or request this information. So listen, I 'm all for privacy, but let's not forget, these are young people. Okay? These are young people and often in capes of a private -- cases of a private university or state run university that are subject to the rules of that yoofrtz, these are not in the same situations as adults. I don't expect my argument to sway too many people, but if we can get a few red lights on it, maybe someone else will take care of it, thank you.
Bill Howell
Thank you, Senator. The question is shall Senate bill 438 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.
Chap Petersen
Ayes 28, nos 12.
[Unknown]
Ayes 28, nos 12. The bill passes.
[Unknown]
Senate bill 611, relating to notice of tort claim against the commonwealth, transportation district, or locality.
[Unknown]
Senator from Franklin, Senator Stanley .
Bill Stanley
Thank you, Mr. President. I've just been looking down and was getting ready to move the bill's passage and I noticed a glinch. For those reasons, I respectfully ask that we pass Senate bill 611 bye for the day.
[Unknown]
Thank you, Senator. Without objection, Senate bill 611 will go bye for the day.
Bill Stanley
Senate bill 626, relating to carrying concealed handguns, protective orders.
[Unknown]
Senator from Fauquier, Senator Vogel .
Jill Holtzman Vogel
Mr. President, pass that bill bye temporarily.
Bill Howell
Without objection, Senate bill 626 will go bye temporarily.
Jill Holtzman Vogel
Senate bill 660, relating to teacher dismissal, hearing officer.
[Unknown]
Senator from Arlington, Senator Favola .
Barbara Favola
Thank you, Mr. President. I move that the bill pass and speaking to the motion.
[Unknown]
The Senator has the floor.
Barbara Favola
Mr. President, what this bill does is it would require that a school, a school board, when they hire a hearing officer, not hire somebody who's employed by the school system or a child, parent, grandparent, or sibling of any member of the school board. Mr. Chairman, that is my bill and I, again, ask that the bill pass. Thank you.
Bill Howell
Thank you, Senator. The question is shall Senate bill 660 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 38, nos 2.
[Unknown]
Ayes 38, nos 2. The bill passes.
[Unknown]
Return to Senate bill 626, a bill relating to carrying concealed handguns, protective orders.
[Unknown]
The Senator from Fauquier County, Senator Vogel .
Jill Holtzman Vogel
Thank you, Mr. President. I move the bill pass and speaking to the bill.
[Unknown]
The Senator has the floor.
Jill Holtzman Vogel
Thank you, Mr. President. This bill was part of a number of bills that I was carrying that dealt with do you feel and what this bill does -- with domestic violence and what the bill does is it speeds it process by which a person can get a concealed carry permit who has a protective order. And through the 45 days they can go through the process of an application for a concealed carry permit and if they choose not to, then they don't get the concealed carry permit, but during the tenure of the 45 days, they have to though the protective order and that allows them to carry a concealed weapon. In some of the testimony that we heard in committee was compelling and I will tell you that this is not unlike what a lot of other states have done. The protective order and tragically in lots of cases, the protective order is really just a piece of paper for a woman who is a victim of stalking or a victim of domestic violence and it's not news to the men and women in this body that, you know, there have been horrible, horrible tragedies and I know that the woman who was a victim of domestic violence who came and spoke in our committee, along with a woman who came from the Fauquier County sheriff's office who is an advocate for women of domestic violence, they both spoke about the fact that so many women have come forward and said, you know, what can I do. I don't believe that I have any opportunity to protect myself. I've been issued this protective order and all that's done is make my abuser incredibly and degree, so I 'm looking for an opportunity and an option in an emergency way to protect myself. Due to the waiting period for a concealed carry permit, many people have to wait up to 45 days. And so in the pendency of that waiting time, this would allow them to have a concealed carry permit. States like colorado, idaho, kentucky, michigan, minnesota, north carolina, and ohio actually have emergency permits that are available. Idaho, kentucky, michigan, and ohio expressly provide that a protective order May form the basis of issuing the temporary permit and also california makes a protective order plus being in grave danger an affirmative defense. With that, I had just ask that the body pass the bill. I was incredibly appreciative of the support we got in committee and we just ask the bill pass.
[Unknown]
Thank you, Senator. The Senator from northern Fairfax County, Senator Howell .
Janet Howell
It's fairly rare that I don't agree with the Senator from Fauquier, but in this case, I definitely don't. There is no consensus among those who are working to protect women who are subjects of domestic violence on this bill. The advocates that we've been dealing with for years spoke against this bill. Their feeling that is having more guns in the situation does not make anybody safer, and indeed, the effort that needs to be done is working with a safety plan for the woman who's the victim. So I would urge people not to vote for this.
[Unknown]
Senator, the senior Senator from Loudoun. Senator Black .
Dick Black
Thank you, Mr. President. Speaking to the bill.
[Unknown]
The Senator has the floor. I duty not believe that a safety plan is going to be very effective. When you have someone who is intent on committing a offense, a plan or opportunity to call 911 is not going to get you very far. You have to take action. I remember years ago, a man terrorized the city of colleen, texas, and one night he went into a louse and there was an elderly lady there and as he broke his hand through the screen and purn the knob on the door, she took a 22 rifle, shot him, hit him in the hip. The police came and followed the blood trail for about three blocks. Turns out she had hit him in the artery and they found him lying dead on his face. That ended thes reign of terror. I think experience tells us that when you are faced with imminent danger, you can only rely upon yourself and I think this is a very common sense bill. It recognizes the fact that you do not have the time to delay if you have a very violent person that you're facing, and I think it makes sense and I urge you to vote for the bill.
Dick Black
Thank you, Senator. The junior Senator from Loudoun, Senator Wexton .
Jennifer Wexton
Thank you, Mr. President. Would the patron rise for a question?
[Unknown]
Would the Senator yield for a question?
Jennifer Wexton
Yes, I 'm happy to yield.
[Unknown]
She yields, Senator .
[Unknown]
Thank you, Mr. President. I would inquire of the gentlelady from Fauquier whether this -- the protective orders that are contemplated under this bill include emergency protective orders or protective orders that are issued on an ex parte basis.
[Unknown]
The Senator from Fauquier .
[Unknown]
Yes, they do. It does include those.
[Unknown]
Thank you, Senator. The Senator from western Fairfax County, Senator Marsden .
Dave Marsden
Thank you, Mr. President. Speaking to the bill.
[Unknown]
The Senator has the floor.
Dave Marsden
I can understand why someone would want to go out and get a gun to protect themselves. It certainly makes sense, but a scared person, untrained with firearms, perhaps under the influence of other people, encouraging her to do so, who goes out and gets a firearm, odds are something bad is going to happen more than some act of self protection, and wime I understand the bill -- while I understand the bill and part of me says yeah, we should support this, the odds are against it and I think it's just a bad play for the woman and for the community in general. Thank you.
[Unknown]
Thank you, Senator. The senior Senator from Fairfax County, Senator Saslaw .
Dick Saslaw
Mr. President, members of the Senate, I listened to the Senator from northern Fairfax, Senator from Fauquier County, they're both right. No question about it. They're both right. If you noticed the vote in the committee, I come down on the side of the Senator from Fauquier County and I 'll tell you why. It seems that no more than a week, two weeks goes by where you don't pick up your local -- well, at least our local paper in northern Virginia, which is the post, and read where somebody, some guy who had been threatening and threatening and threatening his wife or girlfriend ultimately winds up killing them. She's gone to the police, she's complained, she May or May not have gotten a protective order, but regardless, she's just as dead. Okay? And there's no question, you May have -- there is a potential, obviously, for more violence. She might go on her own and figure I 'm going to get him before he gets me, and that will be up to the local -- and it May happen. It May happen. I concede that. That would be a call for the local prosecutor to decide what they do. But I got to tell you something. If that expression was ever more appropriate for a particular situation, it's this. And that is, better to be judged by 12 than carried by six. And this -- you know, I didn't think I 'd ever say that on the floor here. [ laughter ] but this -- you know, if I 'm going to err, I 'll be honest with you, I 'd rather err on the lady's side than on the guy's. Because you don't often read a reverse situation. It does happen? Yes, it happens, but more often than not, in fact, way more often than not, it's the guy killing the woman.
[Unknown]
Thank you, Senator. The Senator from Stafford, Senator Stuart .
Richard Stuart
Thank you, Mr. President. Speaking to the bill.
[Unknown]
The Senator has the floor.
Richard Stuart
Very briefly. I concur with the gentleman, senior Senator from Fairfax, and just from a former commonwealth's attorney's prospective, I prosecuted a lot of these cases when I could. Half the time I couldn't get the woman to come in and testify because she was that afraid of the man who was beating her up. And that's the reality that we live in. Why am in the world would you want these women to live in fear when you can empower them to stand up against those people that are beating them up and putting them in fear. And to those who would say this makes it more dangerous, it ain't rocket science. A handgun is point and shoot. And they can defend themselves against the attacker who's putting them in fear and danger of losing their lives, so I hope that we can do this one little thing to help victims, particularly women, who are abused by those that would do it, to be able to defend themselves.
[Unknown]
Thank you, Senator. The Senator from Buckingham, Senator Garrett .
Tom Garrett
Thank you, Mr. President. I always like to help, if I know that some newspapers print more stories more frequently than others. Last September the daily oklahoman printed the following. Despite object staining a protective order, brandy's ex-boyfriend shattered a glass door and entered her home just before 4:00 a.M. I attack both her and her 11-year-old daughter who was stabbed. When she witnessed the attack, jada, the 11 are-year-old daughter, retrieved a handgun and fired it twice. The boyfriend fled the home but was found stationary a blew box away. He and jada were taken to a local hospital in serious condition. It's just beyond flee that people would suggest that people are better off without a firearm when somebody is going to break through their glass door at 4:00 a.M., even though they have a protective order against them. Seems to me this case is on point, precisely blah we're talking about, and we talk about untrained people and trained people. I believe if you read this story, wait the 12-year-old who shot the knife-wielding boyfriend. I tell you what. If I put myself in the place of a woman who's subject to the threat of domestic violence and I get the choice, do I have a gun or do I not, I know which choice I would make. I know which choice I would make. And I ask each one of you to do the same thing because if you do that, this is an easy bill to get behind. Thank you, Mr. President.
[Unknown]
Thank you, Senator. The senior Senator from Henrico, Senator McEachin .
Don McEachin
Speaking to the bill, Mr. President.
[Unknown]
The Senator has the floor.
Don McEachin
It's interesting to me that, how this bill has been portrayed as the right of a woman to be able to attain a firearm. That's not what this bill is about. Because the woman can get a firearm. She can go through whatever process she needs to go through, she can own that firearm, and she can defend herself. The example given by the Senator from -- is the senior Senator from Loudoun and my good friend, the Senator from Buckingham, the Senator from Buckingham, neither one of those examples, at least as described, talked about a concealed weapon. We're not talking about not allowing people in Virginia to purchase a land gun. What we're talking about is whether or not they should be able to get an accelerated process for concealed weapon. And quite frankly, I voted no because I don't see the need for that. Quite frankly, if I 'm the -- if someone is chasing me down and I 've got a protective order and I elect to have a gun, trust me when I tell you that it's going to be open carry because I don't want them to make any mistake about it, they're fixing to get shot. So ladies and gentlemen, I hope that we will defeat this measure.
[Unknown]
Thank you, Senator. The Senator from Alexandria, Senator Ebbin .
Adam Ebbin
Would the Senator from fal keer rise for a question?
[Unknown]
Would the Senator from Fauquier County yield for a question?
Adam Ebbin
I yield.
[Unknown]
She yields, Senator .
[Unknown]
I would ask the Senator, can a woman who has this protective order against a perpetrator get a firearm fairly easily now, to open carry?
[Unknown]
The Senator from Fauquier ?
[Unknown]
Mr. President, I would respond that that person can purchase a firearm, but if I May, there's a distinction between purchasing a firearm and what this bill would do. This bill is about a concealed carry, and to the Senator 's point, it's true, you can purchase a firearm, but not every woman is comfortable with an open carry. Frankly if you're with your children or you're out in public, that's not necessarily what every woman wishes to do and that is open carry, and in this case, if you are in the position where you feel an imminent threat of harm from a person who is a stalker or someone who wishes to kill you are is thres teng to kill you and you've been issue a protective order, it's not necessarily in your stw or in the interest of your safety to wait those 45 days. That's really what this is about. This is giving you the opportunity to conceal carry for those 45 days while you might be waiting to apply for a consaeld carry permit.
[Unknown]
Thank you, Senator .
[Unknown]
Would the gentlelady yield the -- for one more question?
[Unknown]
The Senator yield for an additional question?
[Unknown]
I yield.
[Unknown]
If I understand the bill correctly, this bill merely says for 45 days, that the woman can carry this protection in her purse rather than open carry et and have to wear on it a holster or whatever.
[Unknown]
The Senator from Fauquier .
[Unknown]
That's correct, Mr. President. There would allow you to conceal carry through that period of time when you have to go through the process of applying for the per mi. This would not prevent you from going through the process just like everybody else has to. You go through the process, get fingerprinted and demonstrate that you're able to handle your weapon just like anybody else with an application for concealed carry.
[Unknown]
The Senator from Chesapeake, Senator Cosgrove .
John Cosgrove
Thank you n president. Very briefly speaking to the bill.
[Unknown]
Noor floor.
John Cosgrove
Thank you, Mr. President. Ladies and gentlemen of the Senate, I 'd like to remind everybody that we're talking about concealed carry and for a good reason. The gentlelady from Fauquier is wearing a very at track tifr outfit today. Where is she going to carry her gun? Is she going to have a six shooter or is she going to have a holster and fast draw? I don't think so. This is a reasonable request for somebody who actually is in danger and I would also remind everyone here, no matter where that lady has that gun, she can't carry it into any building that the commonwealth owns besides the ones we control. Thank you.
[Unknown]
Thank you, Senator. The Senator from Grayson, Senator Carrico .
Bill Carrico
Thank you, Mr. President. Speaking to the bill.
[Unknown]
The Senator has the floor.
Bill Carrico
Just real quick, just to educate everyone on the difference between open carry and concealed carry, when you concealed carry, you keep them so the situation that is guessing. Described in a protective order situation, and then the gentleman from Henrico saying that he would want to open carry so that they know that if they come after him, he gets shot, a stalker, someone who has a protective order against them, that individual is going to be waiting to watch to see whenever they're not open carrying to attack that individual. Concealed carry keeps them guessing. They don't know when they've got it or how they've got it. And when an individual the size of the gentlelady from Fairfax has a weapon, that gentlelady looks like my size when they're looking at the end of the barrel of a gun. So it is important that they are able to carry a weapon and carry it concealed because whoever it is, whatever protection they need, that person never knows when that weapon is on them. So I hope we pass the bill.
[Unknown]
Thank you, Senator. The Senator from Fauquier, Senator Vogel .
Jill Holtzman Vogel
Thank you, Mr. President. If no one else wishes to speak, I will just like to say in closing that the story that the senior Senator from Fairfax described is exactly the story that was told by the victim in the courts committee, and she described, I think, 26 years of constant abuse, protective orders being issued, but in many cases calling the police week after week, month after month, and asking for people to come to her defense, and many, many, knowledge nights, she was not believed. She would show up at her House. He would be there be he would have a machete, a knife, something, threatening to kill her and because he was slick and smooth, he could talk the police out of it and they would leave. There are many, many night when she believed that she or her children would in the survive that night and it wasn't until the very end when he was caught. He had gone to tractor supply and bought three knives and he was coming back and he told her, I 'm going to come and kill you, and she call the police and they came and didn't believe her, and they left. And she called one last time and said I promise you, he is coming to kill me. And he went to tractor supply and bought three knives and he came back and he stumbled because he was incredibly intoxicated and fell out of the car, and he was coming across the road and he had three knives and he was coming back to kill her. And, you know, her story is like thousands and thousands of other women's stories, but she never had the resources that she needed and she never had the counseling and she never had the support that she needed, but she certainly believed that if at any time in this process, someone had counseled her and said if you had a concealed carry, if you had that at the issuance of a protective order, on the few occasions when they actually got pretty hot techtive order, she believed that he would have left her alone, that that would have been enough of an intimidating factor, because he really was weak and he really was afraid and that was why he was, you know, such a horrible person to her. But that that would have kept him from constantly, constantly abusing her and, you know, might have prevented what was a lot of horrible tragedy in her life. But in any case, I appreciate the indulgence of the body and I hope you consider passing the bill. Thank you.
[Unknown]
Thank you, Senator. The question is shall Senate bill 626 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.
Jill Holtzman Vogel
Ayes 32, nos 8.
[Unknown]
Ayes 32, nos 8. The bill passes.
[Unknown]
Senate bill 671, relating to treatment of a patient for lyme disease.
[Unknown]
The senior Senator from Loudoun, Senator Black .
Dick Black
Mr. President --
[Unknown]
I'm sorry, the Senator from --
Dick Black
Would that bill go bye for the day, please.
Bill Howell
Without objection. Senate bill 671 will go bye for the day.
[Unknown]
Senate bill 768, relating to reckless driving, exceeding speed limit. [ captioning will resume shortly ] we knew when we passed the bill there would be dmangs technology that would require us to come back and revisit the issue at some time in the future. This is the year in which we are doing that now, three years later. What is proposed in this bill is actually a very simple, short amendment to the statute that's been in existence in the last three years and it says not only would it apply in texting while driving but manually, quote, select multiple icons and the rest of it remains the same. It does provide an exception for use of a gps system so that an individual driving would not be subject to that prohibition for use of a gps system. That basically is the entire bill. There is clearly many indications that individuals are not only texting while driving but many are using other icons and apps, that type of thing, and clearly having a significant distraction to their driving. This is highly significant in that the research has shown that someone engaged in these types of activities is 23 times as likely to be involved in a serious accident, someone who is paying attention to the road, and not distracted while driving. In addition, I would point out to the body that in just in the first six months of 2015, from January through June, there were 46 traffic fatalities in Virginia related to an individual texting or otherwise using a cell phone device while driving. It is a significant issue, it causes a significant hardship, heart break to families and to individuals affected by it. It's time we stand up and make sure that we try to address this issue as thoroughly as we can. This is a step that will keep us heading in that direction.
[Unknown]
Thank you Senator, the Senator from Fairfax, city, Senator peterson.
[Unknown]
Will the gentleman yield?
[Unknown]
Will the Senator yield for a question?
[Unknown]
I will be happy to yield to my colleague from Fairfax, city.
[Unknown]
I'd ask the gentleman, looking at this statute, 46.21078.1, would a violation of this statute be with primary offense such that the driver could be pulled over by a Peace officer for no other reason?
[Unknown]
Mr. President, yes I would say that it is a primary offense, and it's subject to first offense, a fine of $125, subsequent offense, a fine of $250.
[Unknown]
Further question Mr. Chair in.
[Unknown]
Additional question?
[Unknown]
Certainly I yield.
[Unknown]
He yields.
[Unknown]
I'd ask the gentleman, just by the mere fact of looking at a phone screen, would you be then liable for being pulled over by a Peace officer?
Bill Howell
Gentleman from Fairfax .
[Unknown]
Mr. President, I would say you would not be in violation of the statute but there certainly could be a situation where a police officer who thought you were involved in the statute could pull you over. What I could also say, Mr. President, there's been extensive training in police officers throughout the commonwealth to help them understand in effect when to pull somebody over and when
[Unknown]
Further question not to. Mr. President?
[Unknown]
Will you yield for an additional question?
[Unknown]
I'd be happy to yield.
[Unknown]
He yields, Senator .
[Unknown]
I'd ask the Senator, if he looked at my iphone, would he be committing such an offense to be pulled over by a Peace officer and have his car searched.
[Unknown]
I'd say no, he cannot be committing that offense.
[Unknown]
Further question, Mr. Chair?
[Unknown]
Does the gentleman yield for an additional question?
[Unknown]
Sure, we'll keep this going.
[Unknown]
Does it not say on line 19 that if you read any information displayed on the device, meaning the telephone or the iphone device, that you are committing an offense which would be liable for having you pulled over.
[Unknown]
Mr. President, if you read the first part of that section, but there's an additional provision in there that says provided this prohibition shall not apply to any name or number stored within the device, or information related to a gps system. There are clearly exceptions built into it.
[Unknown]
Further question Mr. Chair?
[Unknown]
Will the gentleman yield?
[Unknown]
Yes I 'd be happy to yield for an additional question.
[Unknown]
I'd ask the gentleman, if he looks down at my iphone and see the dow Jones has risen 15 points this morning whether or not by simply looking down at that information he has now committed an offense which would be liable for having him pulled over by a Peace officer.
[Unknown]
Mr. President, I would think that would be a and you would be able to rebuttable situation here, state to the police officer the public official pulling you over that you were looking down to see whether there was a name or something that would be relevant to that exception.
[Unknown]
Senator from Fairfax .
[Unknown]
Mr. President, speaking to the measure.
[Unknown]
The Senator has the floor.
[Unknown]
Mr. President, ladies and gentlemen of the Senate, I defer by 98 percent of the issues to my colleague from southern Fairfax, but this is an issue where I don't defer. I think the bottom line is being police officer is a tough job to do but to try and have them judge whether or not people are o'clock look at their iphone, I think that makes them just a completely impossible call, and I understand the safety reasons. I turn my cell phone, I put it on the other side of the seat and I tell my daughters to do the same when they're driving, but the bottom line is we are making this a primary offense, or it is already a primary offense, and we're changing it to say read any information displayed on the device. Well, it's almost impossible not it to look at information on the device. I'm not saying that's good or bad driving, it's certainly bad driving, but it it is impossible to decide to pull people over not because of how they operate the vehicle, but simply for where they place their eyes. So Mr. Chair, if I might, I 'd like to defer to the gentleman from Grayson County, because I believe he is the only person in this body who has operated as a police officer and I would appreciate his opinion if I might defer to him.
[Unknown]
The Senator from Grayson, Senator Carrico .
Bill Carrico
Speaking to the bill.
[Unknown]
The Senator has the floor.
Bill Carrico
Mr. President, I want to thank the gentleman from Fairfax for deferring to me. It's been a while since I 've been out there, but I know this is a tough section of the code to enforce. Currently today, we have a lot of people who actually don't enforce this law because of all the things that are attributed to trying to prove that that individual was texting while driving. So with all the number of positions in Virginia that are needed out on the highways to enforce several laws, this is how one agency that I know of enforces it. It takes four state police officers to enforce one law, one in the van, driving, one with a camera, taking a picture of you in the act of doing it, one on the other side in case they are passing you while they are doing it, and one sitting in a crossover to pull you over when they get the contact to say I 've got the picture of this vehicle committing the crime. Section of the code here that so basically we have a requires four police officers just to do an enforcement of it. And we are telling them they've got to do this. That is how complicated this law is to enforce. The other section on line 17, it says manually select an icon which means I could press my contact on my smartphone or multiple letters could be a violation. So I could select one, I 'm in good shape, but I can't put the name ralph in to find out who I 'm going to call. So as soon as I start spelling out a pediatric neurologist on my phone, I 'm in violation of the law. There are so many things in this law that is so unenforceable and it's not just a simple fine. The first time, it's $125. The second time, it's enhanced to 250. The only thing that I can say, and this is existing law, because this is one of these laws that I have voted against constantly, consistently, on line 47, that many of us in this body have been guilty of doing this, violating this law, you'd better join a volunteer rescue or fire department, because it says any vehicle authorized to be equipped with alternate be blinking or flashing red and white lights is exempt from this. It doesn't say they have to be operating with the blinking lights going. As long as they are in the vehicle, they are exempt from this law. So there are so many things in this law that are so unenforceable that it is just -- it's a tough sell for law enforcement to tell them that you've got to do this, and when they hear that this is a violation, they are going to try to enforce it, if it takes 420 to do it. I hope you defeat the bill.
[Unknown]
The Senator from Franklin, Senator Stanley .
Bill Stanley
Thank you Mr. President, speaking against the measure.
[Unknown]
The Senator has the floor.
Bill Stanley
It's hard to follow the -- my friend and seat mate, the Senator from Grayson, but I will try. To give the perspective that we don't have. We have heard now the police officer's perspective. Let me help you with the criminal defense attorney's perspective, of the people, and I 've had a number of them, who have come into my office, and have been charged with this as a primary offense. Number one, it's quite an inconvenience, number two, of course they are getting pulled over, and in every instance, through not just proof of what they told me but also proof by electronically capturing what was going on, they were not, Mr. President, using the phone in violation of what this statute was in its current form, not the proposed form that the Senator from southern Fairfax, county processes -- proposes, but what it does, Mr. President, is this: it allows a Peace officer to stop and detain you which has constitutional implications the moment it occurs. Reasonable suspicions that a crime or offense is taking place by which they can then detain you. That's a seizure. That's constitutional issue. And usually I can tell you there have been instances and not all the time, but there have been instances where that was a pretext. A pretext to stop the person in hopes that something else nefarious might be there. We should not put our citizens through something which, quite frankly, is unenforceableful the final point, Mr. President, I will tell you this, that by the time we get to court, and I 've tried the case in Virginia beach, I 've tried it in Roanoke, I 've tried it down somewhere else, each time we get right into it and I plead not guilty, the judge has looked at me and said uh, you are telling me your client didn't do it? Yes. And they say each time this law is unenforceable. They tell me this is the most unenforceable law in our courts. And until the commonwealth of Virginia, until we are ready to go to the point where we are hands-free, then quite frankly, this is a nice policy statement. It's got no teeth. It's got constitutional implications that affect our citizens adversely. And quite frankly, any addition to this is meaningless and won't change a thing where we lost those lives, as the Senator from southern Fairfax said. I would love to have you in southern Franklin County, too, my friend. We cannot just keep putting a law on the book like this that is unenforceable and invades people's privacy.
[Unknown]
Thank you Senator. The Senator from eastern Fairfax County, Senator Surovell .
Scott Surovell
Will the gentleman from Franklin County yield for a question?
Bill Howell
Will the gentleman from Franklin yield for a question?
Scott Surovell
Mr. President, I yield.
[Unknown]
He yields, Senator .
[Unknown]
I'm just curious, Mr. President, my fellow trial lawyer friend was familiar with the principle of negligence, per se.
[Unknown]
I would answer the gentleman by saying yes I am.
[Unknown]
I thank the Senator .
[Unknown]
Will the gentleman yield?
[Unknown]
Will the gentleman yield?
[Unknown]
Mr. President, I yield.
[Unknown]
He yields, Senator .
[Unknown]
Will the gentleman agree that by putting this in the traffic code does not establish a clear line by which an individual could be judged in a civil case for liability in the event of an accident.
[Unknown]
Senator from Franklin .
[Unknown]
Thank you Mr. President, I would answer the gentleman by agreeing with him that that would, indeed, create such a presumption.
[Unknown]
Mr. President? Will the gentleman yield?
[Unknown]
Will the gentleman yield?
[Unknown]
Mr. President, I will yield.
[Unknown]
He yields, Senator .
[Unknown]
Will the gentleman agree that often times, whale in criminal cases you can't force somebody to take the the -- stand and of it, in a civil case you can take the stand and testify and not only can you force the person to say what they were doing on their own, why they were looking at it, but you can also talk to other people in the car and get them to say what they were doing right before that collision occurred.
[Unknown]
Senator from Franklin .
[Unknown]
Mr. President, I 'd answer the gentleman by saying so long as the fifth amendment protection against self-incrimination in the civil proceeding does not attach, because in a criminal proceeding, the fifth amendment right against self incrimination would attach if there's a penning criminal case or that person could subject themselves to criminal prosecution, that fifth amendment right would attach, there would be an adverse presumption for a person asserting in a civil case their right of fifth amendment. Be that as it May, following his compound question a little farther down the line, there are ways where one can prove the activities and actions of someone in a car at the time of a collision that May have resulted in injury to another person.
[Unknown]
Senator from eastern Fairfax .
[Unknown]
Will the gentleman yield?
[Unknown]
One more compound question?
[Unknown]
Would the Senator yield for an additional question?
[Unknown]
I will yield to my friend, of course.
[Unknown]
He yields, Senator .
[Unknown]
Would the gentleman agree that typically when a lawsuit is brought for a collision, typically the trial of that occurs more than one year after the collision occurred and that the statute of limit ass on a misdemeanor is one year -- one year, therefore they can't because they can no longer be prosecuted.
[Unknown]
I would answer the gentleman by saying the privilege of practicing law has carried me all over the commonwealth from Fairfax to Franklin. While they have the wheels of justice come to a grinding halt in Fairfax, we tend to do things more quickly in the civil arena, so there are then those instances where the fifth amendment right and protection May still attach, while a proceeding is going on in a civil case.
[Unknown]
I thank the Senator .
[Unknown]
Otherwise, in the legal world that he lives in, I can understand how that might expire.
[Unknown]
Senator from eastern Fairfax County .
[Unknown]
I thank the gentleman.
[Unknown]
Thank you Senator. The Senator from southern Fairfax, county, Senator Barker .
George Barker
Mr. President, there's no one else to speak. I would be happy to sum up things, and to respond to a couple of the issues raised. Certainly enforceability is a challenge in this particular situation, but what I can tell you is that having talked with people, state police and otherwise, other law enforcement officials involved, they clearly have done an awful lot to try to officers and actually have provide training to the been fairly successful in getting adjudication to address these issues in many instances. In addition, often what happens when someone is stopped in these situations they readily admit to it so there is that self-admission that does result in a fine being imposed on those individuals, and certainly I think it's much more likely that such individuals will be less likely to continue to violate the law in these ways. In addition, I would bring to the body's attention the fact that the survey has been done since the law was passed and what it showed, in Virginia, with the attention, a lot of public attention focused on this law when it was passed in 2013, when the sure vay has shown, a percentage of the drivers who are admitting they are violating this section has dropped dramatically, and that's despite the fact that prior to the action that we took in 2013, it was a violation. It was just not a primary offense. So there were not people being pulled over. What you are seeing is behavior is starting to change. Unfortunately, it's not changed enough yet. It's still a significant challenge. And the 46 deaths that were related to a violation of this statute in the first half of 2015 are not insignificant. That was about 10 percent of all traffic-related deaths in Virginia. So it's not an isolated thing that affects only the few people. It is a major factor. We have dramatically reduced our traffic fatalities in Virginia, and that's occurred across the country as the safety of cars has been improved, as the drinking while driving has dramatically decreased. There are a lot of things that have happened to decrease fatalities. This is one thing, and the one significant thing that has gone up. It's time we take the next step and pass this legislation. Thank you very much.
[Unknown]
The question is, shall Senate bill 778 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 of the senators desire to change their vote?
George Barker
Ayes 18, nos 22.
[Unknown]
Ayes nos 22, the bill does not pass, the Senator from -- the Senator from James city county, Senator Norment .
[Unknown]
Thank you very much, Mr. President, I respectfully ask the Senate stand in recess until 3:15, and that the Senate republicans, please retire to the prayer meeting room immediately.
[Unknown]
I thank the Senator, the Senate will stand in recess until 3:15. [ 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 Reverend jacob sahms, blandford united methodist church, Petersburg. Reverend sahms, thank you very much.
[Unknown]
Please pray with me. Gracious God, we thank you for all the ways that you have blessed us, both individually and as leaders of the state of Virginia. We ask that you bring order in the midst of chaos, bring Peace in the midst of conflict, and bring wisdom in the midst of difficult decisions. Help to us speak for those who have no voice. Guide us in making decisions that serve the greatest good. Forgive us for our faults and show us ho how to forgive others, that we might grow to embody the qualities we long to share. On this day, lift us to the highest standards in thought and deed, that we pite sthine as a light to those in the midst of darkness. Bond us together beyond our differences to find those things that unite us. In your unfailing love for each of us, help us to create faith where all have enough and where hope abounds for what could 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 Monday, February 8th, 2016.
Bill Howell
The Senator from Stafford, Senator Stuart moves that the reading of the journal be waived. Reading of the journal will all in favor of waiving the 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.
Richard Stuart
Ayes 35, nos 4.
[Unknown]
Ayes 35, 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 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 be waived. All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
Tommy Norment
Ayes 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]
We do not have any, sir.
[Unknown]
Thank you, madam clerk. The time has arrived to welcome gess to our gallery and take up other matters for the the senior Senator from Loudoun, morning hour. Senator Black .
Dick Black
Thank you, Mr. President. It's my honor this morning to introduce a group who have come from the national capital lyme association, the mid-atlantic region. They are accompanied by dawn wilson, the Richmond chapter coordinator. These folks are working very, very hard to try to deal with the plague of lyme disease that has afflicted the commonwealth of Virginia. They're up in the gallery and I would ask that you give them the warm invitation of the Senate .
[Unknown]
Thank you, Senator. Would members from the national capital lyme association please rise. Thank you, all, so much for being here. We can tell by the color of your shirts today, so thank you for that, and I can't talk about what I do in my other life because of some agreements we made, but I actually take care of folks with lyme disease, so it's a serious disease out there, as you all know, and we need to wrap our hands around it and I appreciate you all being here. I'd ask the members of the Senate to please join me in offering members from the national capital lyme association the warm welcome of the Senate. [ applause ] the Senator from northern Fairfax County, Senator Howell .
Janet Howell
Thank you, Mr. President. I rise for an introduction.
[Unknown]
The Senator has the floor.
Janet Howell
We have with us today in the gallery, members of the medical staff and management team from enoba farrow hospital. This is a top ranked 182-bed acute care hospital, committing to providing high quality, safe care and excellent service while continuously striving to improve each patient's unique experience. The hospital has received numerous national recognitions by several rating agencies, including u.S. News and world report, and health grades. While serving as a full service community hospital, providing comprehensive cancer care and obstetrics, they also is a fully accredited comprehensive center for bear at trick surgery, a center of excellence for joint replacement and spine surgery, a designated center of excellence in minimally invasive gynecology surgery, and the first community hospital in the country to be awarded the joint commission's advanced certification for palliative care. I hope you will give them the warm welcome of the Senate .
[Unknown]
I will, thank you, Senator. Would members from fair oaks hospital medical staff please rise. Welcome to the gallery and just as the good Senator from northern Fairfax County said, we appreciate all the great work that you all are doing for folks up there in northern Virginia. We're also very excited about the personalized healthcare program that's going in as part of innova, so I think it will really put Virginia on the map and we can be world leaders in that area, so keep up the good work up there. I'd ask the members of the Senate to please join me in offering members from the fair oaks hospital medical staff the warm welcome of the Senate. [ applause ] the senior Senator from Henrico, Senator McEachin .
Don McEachin
Mr. President, I rise for an introduction.
[Unknown]
The Senator has the floor.
Don McEachin
And an announcement.
[Unknown]
The Senator has the floor.
[Unknown]
Mr. President, we have in the gallery with us today a group of interested in what we do down folks who are very much here, very concerned about the rights of others as well as their own rights. They are equality Virginia. It's a statewide organization and they are in the gallery today. I would ask that you give them the warm welcome of the Senate .
[Unknown]
Thank you, Senator. Would members from equality Virginia, please rise. What a great group you all have here today. We always appreciate you all coming here and advocating for equality across the commonwealth, and so we look forward to seeing you this evening at the reception and hope you have an enjoyable day in Richmond. I would ask the members of the Senate to please join me in offering members from he can quality Virginia the wng of the Senate. -- the warm welcome of the Senate. [ applause ] the senior Senator from Henrico .
[Unknown]
Thank you, Mr. President. I don't know if all of you all realized what a very special day today is, but just in case you missed it, his excellency is another year older. I hope that you will join me in wishing him the happiest birthday any governor has ever had in the history of this planet. House bill birthday, governor.
[Unknown]
Thank you, Senator. Is there any other business for the morning hour? Seeing none, the clerk will call the -- the Senator from James city county, Senator Norment .
Tommy Norment
Mr. President, I respectfully ask that the Senate stand in recess until 12:30 and that the Senate republican caucus retire to their normal prayer room.
[Unknown]
Thank you, Senator. The Senate will stand in recess until 12:30.
Tommy Norment
The Senate will come to order. Uncontested calendar, Senate bills on second reading.
[Unknown]
Senator from Hanover, Senator McDougle .
Ryan McDougle
Mr. President, if we could return to the morning hour so I could send a resolution to the desk.
[Unknown]
That would be fine, Senator .
Ryan McDougle
The Senator from Rockingham .
[Unknown]
Mr. President, May I send a resolution to the desk?
[Unknown]
That would be fine, Senator .
[Unknown]
The Senator from James city county.
[Unknown]
Thank you Mr. President, I respectfully move that all of the Senate bills on the uncontested calendar on the second reading which would include all Senate bills on pages 19-24, including Senate bill 329 through Senate bill 758 be engrossed and advanced to the third reading after the adoption of any amendments, any Senator who desires to remove a will from the block should please do so after the clerk has read the number of that bill.
[Unknown]
They, Senator, the question is shall all Senate bills on second reading on uncontested calendar, pages 19-24, Senate bill 329 through Senate bill 758 be engrossed and advanced to the third reading in the block after the adoption of the amendments thereto, that any Senator desiring to remove a bill from the block will do so after the clerk has read the number of the bill. As many as favor that motion will say aye, those opposed, no. The ayes have it, the motion is agreed to.
[Unknown]
Senate bill 329, reported from the committee on local government with a substitute.
[Unknown]
The Senator from Grayson, Senator Carrico .
Bill Carrico
Can Senate bill 329 go by for the day.
Bill Howell
Without objection Senate bill 329 about go by for the day.
Bill Carrico
Senate bill 25, reported from the committee on rules.
[Unknown]
Senate bill 314, reported from the committee on agriculture, conservation and natural resources, with a substitute.
[Unknown]
Senator from Petersburg, Senator Dance .
Roz Dance
I move the committee substitute be agreed to.
[Unknown]
The question is shall the committee substitute be agreed to, as many as favor that motion will say aye, those opposed, no. The ayes have it, the substitute is agreed to.
Roz Dance
467, reported from the committee on rehabilitation and social services with a substitute.
[Unknown]
The senior Senator from Virginia beach, Senator Wagner .
Frank Wagner
Mr. President, I move the committee substitute.
Bill Howell
The question is on the committee substitute, should it be agreed to, as many as favor that motion will say aye, those opposed, no. The ayes have it, the committee substitute is agreed to.
Frank Wagner
Senate bill 598, reported from the committee on agriculture, conservation and natural resources with a substitute.
[Unknown]
Junior Senator from Virginia beach, Dr. Desteph.
[Unknown]
I move the committee substitute.
[Unknown]
The question is shall the committee substitute be agreed to, as many as favor that motion will say aye, those opposed, no, the ayes have it, the substitute is agreed to.
[Unknown]
Senate bill 600, reported from the committee on rules.
[Unknown]
Senate bill 634, reported from the committee on rules. Senate bill 643, reported from the committee on agriculture, conservation and natural resources. Senate bill 651, reported from the committee on agriculture, conservation and natural resources with amendment.
[Unknown]
The Senator from Chesapeake, Senator Cosgrove .
John Cosgrove
Thank you Mr. President, I ask that the committee amendment be adopted.
[Unknown]
The question is shall the committee amendment be agreed to, as many as favor that motion will say aye, those opposed, no. The ayes have it, the amendment is agreed to.
John Cosgrove
Senate bill 673, reported from the committee on agriculture, conservation and natural resources with amendments.
[Unknown]
The Senator from Augusta, Senator Hanger .
Emmett Hanger
Mr. President, I move the committee amendments be agreed to.
[Unknown]
The question is shall the committee amendments be agreed to, as many as favor those opposed, no. That motion will say aye, the ayes have it, the committee amendments are agreed to.
Emmett Hanger
Senate bill 680, reported from the committee on rulings with amendments.
[Unknown]
The junior Senator from Henrico, Senator dunn va.
Siobhan Dunnavant
I move the agreements be agreed to, the question is some the committee amendments be agreed to, eu aye, poz pose, the committees -- agreements are agreed to.
[Unknown]
The Senator from Russell County, Senator Chafin .
Ben Chafin
Mr. President, I move that the committee substitute be agreed to.
[Unknown]
The question is shall the committee substitute be agreed to, as many as favor that motion will say aye, those opposed, no. The ayes have it, the committee substitute is agreed to.
Ben Chafin
Senate bill 695, reported from the committee on rehabilitation and social services. Senate bill 758, reported from the committee on rehabilitation and social services with a substitute.
[Unknown]
Senior Senator from Loudoun, Senator Black .
Dick Black
Mr. President, I move the committee substitute.
[Unknown]
Thank you Senator, the question is, shall the committee substitute be agreed to, as many as favor that 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 passed to the third reading -- be engrossed and advanced to the third reading, that is all bills except for 329, as will say aye, those opposed, many as favor that motion no. The ayes have it, the bills are engrossed and advanced to the third reading.
Dick Black
Regular calendar, Senate bills on second reading, Senate bill 215, a bill relating to juvenile facilities, segregation, reported from the committee on rehabilitation and social services with a substitute.
[Unknown]
Senator from Arlington, Senator Favola .
Barbara Favola
Thank you Mr. President I move the substitute be agreed
[Unknown]
The question is shall the to. Committee substitute be agreed to, as many as favor that motion will say aye, those opposed, no.
Barbara Favola
The ayes have it, the substitute is agreed to. The Senator from Arlington .
[Unknown]
Thank you Mr. President. I move that the bill be engrossed and advanced to the
Bill Howell
Thank you Senator, the third reading. Question is, shall the bill be engrossed and advanced to the third reading.
[Unknown]
As many as favor that motion will say aye, those opposed, no. The ayes have it, the bill is engrossed and advanced to the third reading.
[Unknown]
Senate bill 417, reported from the committee on rehabilitation and social services.
[Unknown]
The Senator from falk ear, Senator Vogel .
Jill Holtzman Vogel
-- Fauquier, Senator Vogel .
[Unknown]
I move the bill be engrossed and advanced to the third reading.
Jill Holtzman Vogel
The question is, shall the bill be engrossed and advanced to the third reading. As many as favor that motion will say aye, those opposed, no. The ayes have it, the bill is engrossed and advanced to the third reading.
[Unknown]
Senate bill 488, a bill relating to alcoholic beverage control, food beverage ratios, reported from the committee on rehabilitation and social services with a substitute.
[Unknown]
The junior Senator from Virginia beach, Senator DeSteph .
Bill DeSteph
I request we take that by
Bill Howell
Without objection, Senate for the day. Bill 488 will go by for the day.
Bill DeSteph
Senate bill 536, a bill relating to alcoholic beverage control, distiller's license, taste, reported from the committee on rehabilitation and social services with a substitute.
[Unknown]
The Senator from Bath County, Senator Deeds .
Creigh Deeds
Mr. President I move the substitute be agreed to.
[Unknown]
The question is shall the committee substitute be agreed to, as many as favor that motion will say aye, those opposed, no. The ayes have it, the substitute is agreed to. The Senator from Bath .
Creigh Deeds
Mr. President, I move the bill be engrossed and advanced to the third
[Unknown]
The question is, shall the reading. Bill be engrossed and advanced to the third reading.
[Unknown]
As many as favor that motion will say aye, those opposed, no. The ayes have it, the I 'll is engrossed and advanced to the third reading.
[Unknown]
Senate bill 667, a bill relating to article five, constitution of Virginia, protection for the publishing pardon by the governor, reported from the committee on rules with a substitute.
[Unknown]
Senior Senator from Loudoun, Senator Black .
Dick Black
Mr. President I move the committee substitute.
[Unknown]
The question is shall the substitute be agreed to. As many as favor that motion will say aye, those opposed, no. The ayes have it, the substitute is agreed to. The senior Senator from Loudoun .
Dick Black
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. As many as favor that motion will say aye, those opposed, no. The ayes have it, the bill is engrossed and advanced to the third reading.
[Unknown]
Senate bill 724, a bill relating to board of corrections, powers and duties, reported from the committee on rehabilitation and social services with amendments.
[Unknown]
The Senator from western Fairfax, county, Senator Marsden .
Dave Marsden
Thank you Mr. President, I move the committee amendments be agreed to.
[Unknown]
The question is shall the committee amendments be agreed to, as many as favor that motion will say aye, those opposed, no. The ayes have it, the committee amendments are agreed to. The Senator from western
Dave Marsden
Thank you Mr. President, I Fairfax. Move 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. As many as favor that motion will say aye, those opposed, no. The ayes have it, the bill is engrossed and advanced to the third reading.
[Unknown]
Uncontested calendar, Senate bills on first reading.
[Unknown]
Senator from James city county, Senator Norment .
Tommy Norment
Mr. President, I respectfully move all the Senate bills on the first reading on both the uncontested and regular calendar, which would include all Senate bills on pages 27-30, including Senate bill 566 through Senate bill 746, 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 in the first reading of the titles of Senate bills on the uncontested and regular calendars, pages 27-30, Senate bill 566-Senate bill 746, 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 of the senators desire to change their vote? The clerk will close the roll.
Tommy Norment
Ayes 40, nos, zero, the reading of the titles is dispensed with. The Senator from James city county.
[Unknown]
Mr. President, I would now move all of the bills be passed by for the day sir.
[Unknown]
Thank you Senator, the question is, shall the Senate bills on the uncontested and regular calendars now on second reading go by for the day. As many as favor that motion will say aye, those opposed, no. The ayes have it, the bills will go by for the day. >> Mr. President, I indicated to madam clerk that we would need to stand at ease in a moment but we can go ahead and complete the calendar through the Senate joint resolutions on the third reading, which I believe are on Page 31.
[Unknown]
Thank you Senator .
[Unknown]
Regular calendar, House joint resolution on third reading, House joint resolution 210, election of a supreme court of Virginia justice.
[Unknown]
Senator from Rockingham ,
[Unknown]
Can it go by for the day. Senator Obenshain .
Bill Howell
Without objection, hr210, by for the day.
[Unknown]
Regular calendar Senate joint resolutions on third reading, Senate joint resolution six, proposing an amendment to section five of article eight of the constitution of Virginia, relating to the establishment of charter schools.
[Unknown]
Senator from Rockingham, Senator Obenshain .
Mark Obenshain
Can that go by for the day.
Bill Howell
Without objection, sjr6, by for the day.
Mark Obenshain
Senate joint resolution 93, submitting to the voters a proposed amendment to the constitution of Virginia in conformity with the provisions of section one of article 12 of the constitution of Virginia .
[Unknown]
Senator from Roanoke County, Senator suter lien.
[Unknown]
Can that go by for the day.
Bill Howell
Without objection, sjr93, by for the day.
[Unknown]
Senate joint resolution 127, submitting to voters a proposed amendment to the constitution of Virginia in conformity with the provisions of section one of article 12 of the constitution of Virginia .
[Unknown]
The Senator from Rockingham, Senator Obenshain .
Mark Obenshain
That c that go by for the day.
Bill Howell
Without objection, sjr127 will go by for the day.
Mark Obenshain
Uncontested calendar, Senate joint resolutions on second reading.
[Unknown]
The Senator from James city county, Senator Norment .
Tommy Norment
Mr. President, I move that all of the Senate joint resolutions on the second reading on the uncontested calendar which would include all resolutions on pages 32-36, including Senate joint resolution 27 through Senate joint resolution 129 be engrossed and advanced to the third reading in the block after the adoption of any amendments. Any Senator who desires to remove a Senate joint resolution from the block should please do so after the clerk has read the number of the bill.
[Unknown]
Thank you Senator. The question is, shall all Senate joint resolutions on second reading on the uncontested calendar on pages 32-36, sjr27-sjr129 be engrossed and advanced to the third reading in the block after the adoption of the amendments thereto, that any Senator desiring to remove a resolution from the block will do so after the clerk has read the number of the resolution? Will say aye, those opposed, as many as favor that motion no. The ayes have it, the motion is agreed to.
Tommy Norment
Senate joint resolution 27, reported from the committee on rules. Senate joint resolution 35, reported from the committee on rules with amendments.
[Unknown]
The Senator from Newport News, Senator Miller .
John Miller
Thank you Mr. President, I move the he said as be agreed to.
[Unknown]
The question is, shall the amendments be agreed to, as many as favor that motion will say aye, those opposed, no. The ayes have it, the amendments are agreed to.
John Miller
Senate joint resolution 48, reported from the committee on rules.
[Unknown]
Senate joint resolution 49, reported from the committee on rules. Senate joint resolution 51, reported from the committee on rules, with a substitute.
[Unknown]
The Senator from Petersburg, Senator Dance .
Roz Dance
Thank you Mr. President, I move the committee substitute be agreed to.
[Unknown]
The question is shall the committee substitute be agreed to, as many as favor that motion will say aye, those opposed, no. The ayes have it, the committee substitute is agreed to.
Roz Dance
Senate joint resolution 58, reported from the committee on rules with amendments.
[Unknown]
The Senator from Hampton, Senator Locke .
Mamie Locke
I move the committee amendments be agreed to.
[Unknown]
The question is shall the committee amendments be agreed to, as many as favor that motion will say aye, those opposed, no. The ayes have it, the committee amendments are agreed to.
Mamie Locke
Senate joint resolution 61, reported from the committee on rules. Senate joint resolution 71, reported from the committee on rules.
[Unknown]
Senate joint resolution 73, reported from the committee on rules. Senate joint resolution 80, reported from the committee on rules. Senate joint resolution 85, reported from the committee on rules, with a substitute.
[Unknown]
The Senator from Bath County, Senator Deeds .
Creigh Deeds
Mr. President, I move the substitute be agreed to.
[Unknown]
The question is, shall the committee substitute be agreed to, as many as favor that motion will say aye, those opposed, no. The ayes have it, the committee substitute is
Creigh Deeds
Senate joint resolution agreed to. 87, reported from the committee on rules, Senate joint resolution 88, reported from the committee on rules with a substitute.
[Unknown]
The Senator from James city county, Senator Norment .
Tommy Norment
Mr. President, I would ask that the committee substitute be agreed to.
[Unknown]
The question is, shall the committee substitute be agreed to, as many as favor that motion will say aye, those opposed, no. The ayes have it, the committee substitute is agreed to.
Tommy Norment
Senate joint resolution 89 reported from the committee on rules, Senate joint resolution 97, reported from the committee on rules with a substitute.
[Unknown]
The Senator from Lynchburg, Senator Newman .
Steve Newman
Mr. President, I move the committee substitute be agreed to.
[Unknown]
The question is, shall the committee substitute be agreed to. As many as favor that motion will say aye, those opposed, no. The ayes have it, the committee substitute is agreed to.
Steve Newman
Senate joint resolution 101, reported from the committee on rules.
[Unknown]
Senate joint resolution 102, reported from the committee on rules. Senate joint resolution 129, reported from the committee on rules.
[Unknown]
Thank you madam clerk. The question is, shall the Senate joint resolutions be engrossed and advanced to the third reading, as many as favor that motion will say aye, those opposed, no. The ayes have it, the joint resolutions are engrossed and advanced to the third reading >>
[Unknown]
The Senator from James city county, Senator Norment. Thank you Mr. President. I would respectfully ask that the Senate now stand at ease and I would yield to the Senator from Rockingham for purposes of an announcement.
Tommy Norment
Mr. President, I would like to call a meeting of the courts of justice committee meeting at my desk upon standing at ease.
[Unknown]
Recess.
Tommy Norment
The Senator from James city, we need to stand at recess.
[Unknown]
Recess, yes, ma'am.
[Unknown]
What time would you like to --
[Unknown]
Recess until 3:50.
[Unknown]
The Senate will stand in recess until 3:50. >>
[Unknown]
Supplemental calendar number one, for Tuesday, February 9, 2016. Regular calendar, Senate resolution on first reading. Senate resolution 42. Nominating a person to be elected as a justice of the supreme court of Virginia. Senator resolution 43. Nominating a person to be elected to the court of appeals of Virginia .
[Unknown]
Thank you, madam clerk. The Senator from eastern Fairfax County, Senator
[Unknown]
Mr. President, I would move -- I rise for motion.
[Unknown]
Senator has the floor.
[Unknown]
Mr. President, I move that the Senate suspend the rules and that House joint resolution 268 be taken up for immediate consideration.
[Unknown]
Thank you, Senator. The question is shall the rules be suspended and sjr 268 be taken up for immediate consideration. All in favor of the motion Surovell. Record their votes aye. Those opposed no. Are all the senators ready to vote? Have all the senators voted? Do any of the senators desire to change their vote? The clerk will close the roll. The clerk will close the roll ayes 39, no's zero.
[Unknown]
The rules are suspended to take up the resolution for immediate consideration. Clerk will please read the title.
[Unknown]
House joint resolution number 268. Commending charles haley.
[Unknown]
The Senator from eastern Fairfax County .
[Unknown]
Mr. President, I move the House joint resolution pass.
[Unknown]
Thank you, Senator. The question is, shall the resolution be agreed to. All in favor of the motion say aye. Opposed no. The ayes have it. The resolution is agreed to. The Senator from James city county, Senator Norment .
Tommy Norment
Does that finally complete today's calendar?
[Unknown]
Yes, sir.
Tommy Norment
Thank you, madam clerk. Is there any other business to come before the Senate ? Seeing none, the clerk will please report any announcements on the desk.
[Unknown]
Today, Tuesday, February 9th. The education and health subcommittee on higher education will not meet. The education and health subcommittee on higher education will not meet. The committee on local government will meet one-half hour after adjournment in Senate room b. The general laws and technology subcommittee number 2 will not meet for lack of a docket. The finance subcommittee on education will meet at 3:00. Finance subcommittee on education -- what time are you meeting?
[Unknown]
Finance will meet at 3:00. Oh, today? [ laughter ] not 3:00. We will meet at 4:15. The clerk will close the roll the finance subcommittee on education will meet at 4:15, 10th floor conference room, senators Norment, knew man, Hall, sass lauf -- Saslaw and Ruff. The finance subcommittee on capitol outlay will meet at 5:00 p.M., 10th floor conference room, senators Norment, Saslaw, Ruff, Wagner, mcdougal and Alexander. Tom, Wednesday, February 10th, the finance committee on public safety will meet at 7:30 a.M. In the 10th floor conference room, senators McDougle, Howell, Lucas, Carrico and Obenshain. The women's legislative roundtable 8th floor, 8:30 a.M., committee on finance at 9:00 a.M. Senate room b. General laws subcommittee number 1 will meet at 9:00 a.M., 4th floor east conference room. Senators Locke, Barker, Black, Garrett, DeSteph, sur owe ville, pike and Vogel. Republican caucus at 11:30 a.M., Senate room 2. Democratic caucus 11:30 a.M. Senate room 1.
[Unknown]
Thank you. The Senator from Spotsylvania, Senator Reeves .
Bryce Reeves
Thank you. Rise for a quick announcement.
[Unknown]
Senator has the floor.
Bryce Reeves
Members of the body, tomorrow night is the fourth annual military appreciation night, so all of the military commanders that -- at our garrisons here in the commonwealth, a loft will be attending, the governor, I believe the lieutenant governor will be coming as well. That's tomorrow night, it's -- it falls under the classification of a widely attended event. It will be capital ale from 7:00 to 9:00, that's the military appreciation night tomorrow night, thank you.
[Unknown]
Thank you, Senator. The Senator from Lynchburg, Senator Newman .
Steve Newman
Mr. President, I move that the Senate do now adjourn until stick noon tomorrow -- 12:00 noon tomorrow.
[Unknown]
Question is, should the Senate stand adjourned until 12:00 noon tomorrow. All in favor say aye. The ayes have it. Senate stands adjourned until Senate stands adjourned until