02/12/2016 Senate Proceedings

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Index

SB197—00:00:20
SB588—00:00:24
SB41—00:00:16
SB202—00:09:45
SB362—00:02:48
SB440—00:02:04
SB645—00:01:30
SB717—00:01:04
SB736—00:00:30
SB735—00:00:40
SB736—00:00:28
SB735—00:00:40
SB736—00:00:52
SB735—00:00:40
SB736—00:00:42
SB735—00:00:40
SB736—00:00:26
SB742—00:17:49
SB329—00:01:56
SB449—00:01:34
SB58—00:00:20
SB291—00:00:22
SB354—00:00:40
SB364—00:00:16
SB369—00:01:10
SB422—00:00:22
SB433—00:00:22
SB436—00:00:14
SB468—00:00:18
SB535—00:00:24
SB601—00:00:26
SB711—00:00:24
SB743—00:00:12
SB775—00:00:18
SB329—00:04:11
SB449—00:09:06
SB422—00:02:28
SB329—00:00:40
SB601—00:01:16
SB41—00:02:15
SB560—00:00:24
SB552—00:04:48
SB737—00:00:18
SB19—00:00:40
SB44—00:00:36
SB93—00:00:50
SB190—00:00:54
SB216—00:00:32
SB215—00:00:40
SB216—00:00:42
SB339—00:01:04
SB457—00:00:34
SB542—00:00:40
SB677—00:00:26
SB19—00:01:52
SB44—00:00:12
SB93—00:01:28
SB190—00:01:12
SB216—00:00:44
SB215—00:00:40
SB216—00:00:38
SB215—00:00:40
SB216—00:00:30
SB215—00:00:40
SB216—00:01:26
SB339—00:01:24
SB542—00:01:50
SB677—00:00:16
SB339—00:00:32
SB216—00:00:20
SB215—00:00:40
SB216—00:00:28
SB215—00:00:40
SB216—00:00:14
SB215—00:00:40
SB216—00:00:12
SB41—00:38:26
HJ123—00:00:28
HJ2—00:00:22
SJ6—00:00:14
SJ93—00:00:20
SJ127—00:00:18
SJ83—00:01:32
SJ95—00:01:18
SJ96—00:00:24
SJ95—00:00:40
SJ96—00:00:14
SJ95—00:00:40
SJ96—00:00:56
SJ148—00:00:46
Sen. Tommy Norment (R-Williamsburg)—00:00
Sen. Bill Carrico (R-Grayson)—00:04
Sen. Creigh Deeds (D-Bath)—00:06
Sen. Richard Stuart (R-Westmoreland)—00:04
Sen. Dick Black (R-Leesburg)—00:29
Sen. Don McEachin (D-Richmond)—00:04
Sen. Tommy Norment (R-Williamsburg)—00:04
Sen. Frank Wagner (R-Virginia Beach)—00:00
Sen. Mark Obenshain (R-Harrisonburg)—00:00
Sen. Bill Stanley (R-Moneta)—00:00
Sen. David Suetterlein (R-Salem)—00:00
Sen. Bill Carrico (R-Grayson)—00:02
Sen. Richard Stuart (R-Westmoreland)—00:04
Sen. Chap Petersen (D-Fairfax)—00:04
Sen. Tom Garrett (R-Lynchburg)—01:08
Sen. Scott Surovell (D-Mount Vernon)—00:06
Sen. Ben Chafin (R-Lebanon)—00:06
Sen. Tom Garrett (R-Lynchburg)—01:22
Sen. Ben Chafin (R-Lebanon)—00:04
Sen. Dick Saslaw (D-Springfield)—00:02
Sen. Jeremy McPike (D-Dale City)—00:02
Sen. Dave Marsden (D-Burke)—00:04
Sen. Mark Obenshain (R-Harrisonburg)—02:06
Sen. Frank Wagner (R-Virginia Beach)—00:02
Sen. Dick Saslaw (D-Springfield)—00:06
Sen. George Barker (D-Alexandria)—00:04
Sen. John Miller (D-Newport News)—00:06
Sen. Tommy Norment (R-Williamsburg)—01:24
Sen. Bill Carrico (R-Grayson)—00:38
Sen. Bill Stanley (R-Moneta)—00:04
Sen. Tommy Norment (R-Williamsburg)—00:20
Sen. Dick Black (R-Leesburg)—00:02
Sen. Bill Stanley (R-Moneta)—00:40
Sen. Barbara Favola (D-Arlington)—00:00
Sen. Frank Wagner (R-Virginia Beach)—00:00
Sen. Creigh Deeds (D-Bath)—00:04
Sen. Jennifer Wexton (D-Leesburg)—00:00
Sen. Adam Ebbin (D-Alexandria)—00:02
Sen. Siobhan Dunnavant (R-Henrico)—00:00
Sen. Tommy Norment (R-Williamsburg)—01:02
Sen. Tom Garrett (R-Lynchburg)—00:00
Sen. Chap Petersen (D-Fairfax)—00:00
Sen. Adam Ebbin (D-Alexandria)—00:02
Sen. Bill Carrico (R-Grayson)—00:04
Sen. Tommy Norment (R-Williamsburg)—00:04
Sen. Chap Petersen (D-Fairfax)—00:02
Sen. Tommy Norment (R-Williamsburg)—00:04
Sen. Chap Petersen (D-Fairfax)—00:04
Sen. Tommy Norment (R-Williamsburg)—00:06
Sen. Bill Stanley (R-Moneta)—00:02
Sen. Tommy Norment (R-Williamsburg)—00:02
Sen. Emmett Hanger (R-Mount Solon)—00:04
Sen. Siobhan Dunnavant (R-Henrico)—00:04
Sen. Tommy Norment (R-Williamsburg)—01:04
Sen. Bill Carrico (R-Grayson)—00:02
Sen. Jennifer Wexton (D-Leesburg)—00:00
Sen. Tommy Norment (R-Williamsburg)—00:04
Sen. Adam Ebbin (D-Alexandria)—01:33
Sen. Tommy Norment (R-Williamsburg)—00:04
Sen. Adam Ebbin (D-Alexandria)—00:02
Sen. Bill Carrico (R-Grayson)—00:00
Sen. Chap Petersen (D-Fairfax)—00:02
Sen. Tommy Norment (R-Williamsburg)—00:04
Sen. John Cosgrove (R-Chesapeake)—00:30
Sen. Chap Petersen (D-Fairfax)—00:02
Sen. John Cosgrove (R-Chesapeake)—00:04
Sen. Chap Petersen (D-Fairfax)—00:02
Sen. John Cosgrove (R-Chesapeake)—00:02
Sen. Chap Petersen (D-Fairfax)—00:02
Sen. John Cosgrove (R-Chesapeake)—00:00
Sen. Jennifer Wexton (D-Leesburg)—00:02
Sen. Chap Petersen (D-Fairfax)—00:04
Sen. Ryan McDougle (R-Mechanicsville)—00:02
Sen. John Cosgrove (R-Chesapeake)—00:00
Sen. Bill Stanley (R-Moneta)—00:14
Sen. Bill Carrico (R-Grayson)—00:14
Sen. Dave Marsden (D-Burke)—00:18
Sen. John Miller (D-Newport News)—00:26
Sen. Dave Marsden (D-Burke)—00:40
Sen. Bryce Reeves (R-Spotsylvania)—00:34
Sen. Mark Obenshain (R-Harrisonburg)—00:14
Sen. Amanda Chase (R-Midlothian)—00:02
Sen. Tommy Norment (R-Williamsburg)—01:43
Sen. Bill Stanley (R-Moneta)—00:02
Sen. Bill Carrico (R-Grayson)—00:00
Sen. Dave Marsden (D-Burke)—00:02
Sen. John Miller (D-Newport News)—00:02
Sen. Dave Marsden (D-Burke)—00:02
Sen. Dick Black (R-Leesburg)—00:04
Sen. Dave Marsden (D-Burke)—00:04
Sen. Dick Black (R-Leesburg)—00:02
Sen. Bryce Reeves (R-Spotsylvania)—00:02
Sen. Mark Obenshain (R-Harrisonburg)—00:04
Sen. Tommy Norment (R-Williamsburg)—00:04
Sen. Bryce Reeves (R-Spotsylvania)—00:04
Sen. Dave Marsden (D-Burke)—00:04
Sen. Dick Black (R-Leesburg)—00:04
Sen. Dave Marsden (D-Burke)—00:00
Sen. Tommy Norment (R-Williamsburg)—00:02
Sen. Adam Ebbin (D-Alexandria)—00:24
Sen. Tommy Norment (R-Williamsburg)—06:56
Sen. Bill Carrico (R-Grayson)—00:52
Sen. Don McEachin (D-Richmond)—00:02
Sen. Bill Carrico (R-Grayson)—00:04
Sen. Don McEachin (D-Richmond)—00:02
Sen. Bill Carrico (R-Grayson)—00:02
Sen. Adam Ebbin (D-Alexandria)—00:02
Sen. Bill Carrico (R-Grayson)—00:06
Sen. Adam Ebbin (D-Alexandria)—00:00
Sen. Bill Carrico (R-Grayson)—00:04
Sen. Adam Ebbin (D-Alexandria)—00:02
Sen. Tom Garrett (R-Lynchburg)—00:06
Sen. Don McEachin (D-Richmond)—00:04
Sen. Tom Garrett (R-Lynchburg)—00:04
Sen. Don McEachin (D-Richmond)—00:04
Sen. Tom Garrett (R-Lynchburg)—00:04
Sen. Dick Saslaw (D-Springfield)—00:04
Sen. Tom Garrett (R-Lynchburg)—00:02
Sen. Bill Carrico (R-Grayson)—00:04
Sen. Adam Ebbin (D-Alexandria)—00:04
Sen. Bill Carrico (R-Grayson)—00:04
Sen. Tommy Norment (R-Williamsburg)—01:00
Sen. Mark Obenshain (R-Harrisonburg)—00:46
Sen. David Suetterlein (R-Salem)—00:00
Sen. Ben Chafin (R-Lebanon)—01:02
Sen. Barbara Favola (D-Arlington)—00:46
Sen. Siobhan Dunnavant (R-Henrico)—00:54
Sen. Ryan McDougle (R-Mechanicsville)—00:02
Sen. Bill Stanley (R-Moneta)—00:00
Sen. Steve Newman (R-Forest)—00:02
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Minutes

Called to order at 9:30 a.m. by Lt. Governor Ralph S. Northam

Prayer offered by The Reverend David Barton, Heritage Baptist
Church, Ashburn, Virginia

ROLL CALL OF MEMBERS: quorum present

Motion of Senator Favola dispensed with reading of Journal (35-Y
3-N)

COMMUNICATION FROM HOUSE (HN10211): reading waived (34?Y 4?N)

The House of Delegates has passed the following House bills: HB 63,
127, 421, 526, 643, 872, 1064, 1093, 1096, 1122, 1203, 1207

The House of Delegates has agreed to the following House joint
resolutions: HJ 45, 69, 84, 120, 157, 160

BILLS AND RESOLUTIONS REPORTED

From Finance: SB 61S, 232S, 476S, 563A, 625S

From Rehabilitation and Social Services:

From Rules: SB 288, 652S, 692S; SJ 33S, 62, 63S

Leave of absence granted: Senator Vogel

CALENDAR 

UNCONTESTED CALENDAR

HOUSE BILLS ON THIRD READING

HB 88 - Read third time, Committee amendment agreed to (voice
vote), Engrossed, Passed Senate block vote (38-Y 0-N)

HB 104 - Read third time, Passed Senate block vote (38-Y 0-N)

HB 105 - Read third time, Passed Senate block vote (38-Y 0-N)

HB 205 - Read third time, Committee amendment agreed to (voice
vote), Engrossed, Passed Senate block vote (38-Y 0-N)

HB 456 - Read third time, Passed Senate block vote (38-Y 0-N)

HB 865 - Read third time, Passed Senate block vote (38-Y 0-N)

HB1145 - Read third time, Passed Senate block vote (38-Y 0-N)

REGULAR CALENDAR

HOUSE BILLS ON THIRD READING

HB 4 - Passed by for day

HB 254 - Passed by for day

Transcript

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

[Unknown]
The Senate will come to order. The senators will please take their seats. Those persons not entitled to the privileges of the floor will kindly retire to the gallery. The senators and all in attendance will stand and be led in prayer by the Reverend david barton, heritage baptist church, ashburn. Reverend barton, welcome.
[Unknown]
Please join me in player. Our father in heaven we acknowledge you and the creator and sovereign ruler of this universe. We thank you for your great love your showered upon us. Blessed is the nation whose God is the lord. You have given us the opportunity to rule and ledge slate as a stewardship. The powers that be are ordained of God, rulers are God 's ministers. We are exhorted to pray for all in authority so we May lead a quiet and peaceable life. We pray for these men and women, our senators. We thank now for their commitment to public service. Ethank you for all they do. May they seek the courage and wisdom from you and May you give them that with us dom that comes from you a-- wisdom that comes from you alone. Righteousness exhaltth a nation. In their work we pray in jesus' name, amen.
[Unknown]
Amen.
Bill Howell
The clerk will call the roll, all those present will please vote aye. The clerk will close the roll.
[Unknown]
You have a quorum, Mr. President. Senate journal for Thursday, February 11, 2016.
Bill Howell
The Senator from Arlington, Senator Favola moves the reading of the journal be waived. All in favor of waiving the reading of the journal please vote aye, opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
Barbara Favola
Ayes 35, nos 3.
[Unknown]
Ayes 35, nos 3. The reading of the journal is waived. The clerk will report any communications from the House of delegates.
Barbara Favola
The Senator from James city .
[Unknown]
Thank you, Mr. President. I respectfully move we waive the reading of any communications from the House of delegates.
Bill Howell
Thank you, Senator. The question is shall the reading of the communications from the House of delegates 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.
[Unknown]
Ayes 34, nos 4.
[Unknown]
Ayes 34, nos 4. The reading of the communication is waived. The clerk will report any communications from the governor.
[Unknown]
We do not have any, sir. The time has come to welcome visitors to the gallery and take up other matters of the morning hour. The Senator from Grayson, Senator Carrico .
Bill Carrico
I rise for an introduction.
[Unknown]
The Senator has the floor.
Bill Carrico
Thank you, Mr. President. Today visiting us in the gallery is the executive director of the thank you, madam clerk. Southwest Virginia higher education center, Mr. David matlock. And david was appointed as the director this last December and he is doing a fantastic job there educating the individuals that want to expand on their higher education and accompanying him is his wife mary matlock and I would ask that the body give him a warm welcome of the Senate .
[Unknown]
Thank you, Senator. Would Mr. And Mrs. David matlock please rise? Welcome to the gallery this morning and thanks for visiting and thanks for what you are doing preparing folks for the workforce. That is so important in the great southwest. Welcome to the capitol today. I hope you have a great weekend. I would ask the members of the Senate to join me in offering Mr. And Mrs. Matlock the warm welcome of the Senate. [applause]
[Unknown]
The Senator from Bath County, Senator Deeds .
Creigh Deeds
Mr. President, I rise for an introduction.
[Unknown]
The Senator has the floor.
Creigh Deeds
We all know what this day is and it is the day we dread but those of us in the Senate celebrate this day as a day when we are like children on christmas morning going through our stockings because every year when we celebrate Valentine 's day the gentleman from Roanoke 's wife takes the time to make sure that we are fattened and happy with our gift basket. And I want you to note that on the card on the gift basket this year has the Senator from Roanoke city and his wife kathy and their six grandchildren ages one and a half to eight. I would suggest that that indicates we have got another generation of senators from Roanoke city coming along to bring us plenty of goodies on Valentine 's day. I would ask that you express our gratitude to kathy Edwards and recognize that she is sitting in the gallery and I would ask that you give her the warm greetings of the Senate .
[Unknown]
Thank you, Senator. Would Ms. Kathy Edwards please rise. Thank you so much for being here today and we always look forward to this each year and you keep us well fed and intrigued. We wish you a happy Valentine 's day and safe travels this weekend. I would ask the members of the Senate to please join in welcoming Ms. Kathy Edwards the warm welcome of the Senate. [applause]
[Unknown]
The Senator from Stafford, Senator Stuart .
Richard Stuart
Thank you, Mr. President. I rise for an introduction.
[Unknown]
The Senator has the floor.
Richard Stuart
I would like to bring to the attention the members of the gallery the presence of Ms. Rayly fisher a constituent of mine from north Stafford. She attends north Stafford high school and plays field hockey and lacrosse and has been helping us in our office. She has been a big help and I ask that you offer her the warm welcome of the Senate .
[Unknown]
With railey fisher please rise. Welcome to the gallery and thanks so much for helping out the good Senator from Stafford and we know you are doing well in high school and wish you the best of success as you move forward with your educational endeavors. Thanks and have a great weekend. Happy Valentine 's day. I would ask the members of the Senate to join me in welcoming the warm welcome of the Senate. [applause]
[Unknown]
The senior Senator from Loudoun, Senator Black .
Dick Black
Thank you, Mr. President. Would the journal reflect that the gentle lady from Fauquier County is away on pressing personal business.
[Unknown]
Thank you, Senator. The journal will reflect that the Senator from Fauquier County is away from the capital on pressing personal business. Senator Black, if you would like to introduce your pastor.
Dick Black
Thank you Mr. President. Today our in vocation was delivered by the reverent david barton who is the pastor at the heritage baptist church in ashburn, just a remarkably wonderful minister of the gospel. I have known him for the better part of 20 years, and there is no more faithful individual that I can identify. So I 'm very proud to have him and would ask that he receive the very warm welcome of the Senate .
[Unknown]
Thank you, Senator. Would Reverend david barton please rise. Thank you, sir. It was a pleasure meeting you this morning and thanks forgetting us off on a good foot with your wonderful message. Thank you again for being here. I would ask the members of the Senate to join me in welcoming the Reverend david barton the warm welcome of the Senate. [applause]
[Unknown]
The senior Senator from Henrico, Senator McEachin .
Don McEachin
Mr. President, I rise for two introductions.
[Unknown]
The Senator has the floor.
Don McEachin
Mr. President, we have in the gallery some folks who are familiar to you, Mr. President, they are clark mercer and david mercer. Mr. President, david mercer is a principal in the law firm of mercer and tregani and president-elect of the Virginia bar association. David is also a board member and past president of lawyers helping lawyers. While david lives in Alexandria and is the constituent of Senator Ebbin he is here today with his son clark mercer who is my con at this time went. As you know, Mr. President, he is your chief of staff, clark lives with his family in ashland with his wife kelly and two children. Tonight, clark is traveling to Alexandria where he will be inducted into the city of Alexandria 's sports Hall of fame. A were toer allstate football player and soccer player at t.C. Williams high school he is being inducted with his sister kelly. He is being inducted with his sister kelly and coaches her man boone and bill youst who were made famous by the disney movie "remember the titans." I hope you will give them the warm welcome of the Senate .
[Unknown]
Thank you, Senator. Would clark and Mr. David mercer please rise. Clark, I see plenty of you and probably vice versa and I know your dad is proud to have you and your sister kelly inducted into the Hall of fame. It is always great to see you, Mr. Mercer and thanks for the help you give other lawyers and the other great things you work on and advocate for in not only northern Virginia but across the commonwealth. We wish you both safe travels and happy Valentine 's day this weekend. I ask the members of the Senate to offer clark and his dad the warm welcome of the Senate. [applause]
[Unknown]
Is there any other business for the morning hour? Seeing none the clerk will please call the calendar.
[Unknown]
Senate calendar for Friday, February 12, 2016. Uncontested calendar House bills on third reading.
[Unknown]
The Senator from James city .
[Unknown]
Good morning, Mr. President. I respectfully move that all of the Senate bills on the uncontested cal len car on the first reading -- including all.
[Unknown]
House bills. Retool.
[Unknown]
Mr. President, I respectfully move all the House bills on the third reading on the uncontested calendar which would include all bills on pages 1 through 3 including House bill 88 through House bill 145 be placed on the final passage in the block. If any Senator desires to remove a bill from the block please do so after the clerk has read the number of the bill.
[Unknown]
Thank you, Senator. The question is shall the House bills on the uncontested calendar third reading pages 1 through 3, House bill 88 through House bill 1145 be placed on the final passage in a block, with the understanding that any Senator desiring a bill removed from the block will do so after the clerk has read the number. All in favor say aye. Opposed no. The motion is agreed to. The motion is before the Senate in the block. The clerk will please read the number of the bills.
[Unknown]
House billle 8 report the from the committee on elections with amendment.
[Unknown]
The senior Senator from Virginia beach, Senator Wagner .
Frank Wagner
I move adoption was committee amendment.
[Unknown]
The question is shall the committee amendment be agreed to. All in favor say aye. Those opposed, no. The ayes have it. The committee amendment is a agreed to. House bill 104. House bill 105. House bill 205. Reported from the committee on privileges and elections with amendment.
Frank Wagner
The senior Senator from Virginia beach.
[Unknown]
Mr. President, I move adoption of the committee amendment.
[Unknown]
The question is shall the committee amendment be agreed to. All in favor say aye. Those opposed, no. The commonwealth have is. The committee amendment is agreed to.
[Unknown]
House bill 446. House bill 865. House bill 1145. Reported from the committee on privileges and elections.
Bill Howell
The question is shall the House bills pass in block. All in favor of the motion wille opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 38, nos 0.
[Unknown]
Ayes 38, nos 0. The bills in the block pass.
[Unknown]
Regular calendar House bill on third reading.
[Unknown]
House bill 4, a bill to provide for the submission to the voters of a proposed amendment to the constitution of Virginia adding to article I a section numbered 11-a, relating to the right to work. Reported from the committee on privileges and elections.
[Unknown]
The Senator from Rockingham, Senator Obenshain .
Mark Obenshain
Can that go bye for the day.
[Unknown]
That bill will go bye for the day.
Mark Obenshain
House bill 254, a bill to relating to technical adjustments of certain House of delegates district boundaries.
[Unknown]
Can that would bye for the day.
[Unknown]
With that objection, House bill 254 will go bye for the day.
[Unknown]
Regular calendar into the bills on third reading.
[Unknown]
Senate bill 197, a bill relating to the interstate 73 corridor development fund and program.
[Unknown]
The Senator from Franklin County, Senator Stanley .
Bill Stanley
Good morning, Mr. President.
[Unknown]
Good morning, sir.
Bill Stanley
Can Senate bill 197 go bye for one more day, please.
[Unknown]
With that objection, Senate bill 197 will go bye for the day.
[Unknown]
Senate bill 588, a bill to provide for the submission to the voters of a proposed amendment to section 5 of article viii of the constitution of Virginia, relating to the establishment of charter schools.
[Unknown]
The Senator from Roanoke County, Senator Suetterlein .
David Suetterlein
Mr. President, can that bill go bye for the day please.
[Unknown]
Thatle go bye for the day.
David Suetterlein
Thank you.
[Unknown]
Senate bill 41, a bill to relating to religious freedom; solemnization of marriage.
[Unknown]
The Senator from Grayson, Senator Carrico .
Bill Carrico
Mr. President, can Senate bill 41 go bye temporarily.
[Unknown]
Senate bill 41 will go bye temporarily.
Bill Carrico
Senate bill 202, a bill relating to the Virginia freedom of information act; disclosure of salaries of public employees.
[Unknown]
The Senator from Stafford, Senator Stuart .
Richard Stuart
Thank you, Mr. President. Move the bill pass and speaking to that measure.
[Unknown]
The Senator has the floor.
Richard Stuart
Mr. President, members of the Senate this is Senate bill 202. What this dose is it provides that a database which contains all of the names, salaries, and positions of state employees should not be published. And the reason for this is if you publish this information people can then go on and get it anonymously. And when they get it anonymously, we believe and certainly the department of human resources management has reason to believe as was the testimony in committee that they are using that to commit identity theft. In fact, there were about 1,500 cases in 2014 where state employees' identity was stolen and tax returns were stolen. The problem is if you can access this information anonymously, you don't know who is doing it so you can't catch them. So if you want this information you can still get it, you just have to ask for it. You send a written foia request or go in there and ask for if personally and then you know who is getting it. If you access it by virtue of this big database you have no idea who is getting it. It doesn't ex-include at all, just removes the name and you get the salary and position and other information but takes away the name from the database. And Mr. President, just to be very honest with everybody in here, the newspapers are not going to like it if you vote for this bill. I don't want you to be disillusioned. It bothers me a little bit because what the newspapers do is they get this big database from the state and then they republish this online. And it helps them gain subscribers to their newspaper to search that information. And so, they are very unhappy with me and I suspect if you vote for this bill they will be very unhappy with you. And I want to be very honest about that. But I think we have an obligation to protect our state employees from suffering from identity theft. And I think this is a very small measure that we can do to try to help them in that. With that, Mr. President, I would move the belfast.
[Unknown]
Thank you, Senator. The Senator from Fairfax city, Senator peterson.
[Unknown]
Thank you, Mr. President. I rise for an introduction.
[Unknown]
The Senator has the floor.
[Unknown]
Mr. President, and ladies and gentlemen of the Senate I ask that you be careful before you approve this measure from my good friend. Here is why. Eight years ago we revolutionized state government and made it accessible to all citizens not just members of the press and not just people with knowledge of the freedom of information act. We allowed people to look up and see how their money was being spent and who their money was being spent on and in fact the legislation that we did was carried from that side of the aisle. I was a copatron. And in a lot of ways it revolutionized state government in a good way making it transparent who made what and let me tell you why that is important. There is a lot of information out there untrue about how much money we make and who is on our payroll. The best disinfectant to the untrue information is give people access. If they find out we are making $30,000 a year, fine, let them know. If they find out that the city manager is making $200,000 a year, fine, they ought to know that. I have to be amazed in this day and age of people making big salaries in the nfl and nba and entertainment that people of identity theft are going to focus on these people making 60, 70, 80 grand a year, mid level management. I think you find that the losses we had are directly attributable to the anthem database hack and had nothing do with freedom of information act. I don't think people looking to steal money are going after mid level state employees when they would go after the people that make the big money. I think doing this we will take a significant step back from transparency and a way that will beagain the evisceration of the freedom of information act. We have just begun to put this online and give the people the information they need. I hope you vote against this bill.
[Unknown]
Would the patron yield for a question?
[Unknown]
Would the Senator from Stafford yield for a question?
[Unknown]
I yield.
[Unknown]
He yields, Senator .
[Unknown]
I'm curious, the database would still exist with the position for example Head football coach, uva and the name would be redacted. Is that correct?
[Unknown]
Mr. President, that is correct. And to probably give more of an answer than he is asking for, yes, but you also can still get that information from the department of human resources management if you just go ask for it. Or you send a written foia request. And that is important because this bill has been mischaracterized to read what the Senator from Fairfax city just said. That is not what it does. It removes the name from the database. The information is still accessible. You just have to ask for it. It is just not going to be online.
[Unknown]
Mr. President,.
[Unknown]
The Senator from Buckingham .
[Unknown]
I don't know how often this actually happens in the chamber but right now truly at least one vote hangs in the balance so I would ask if the Senator would yield or a question for two.
[Unknown]
Two the gentleman yield.
[Unknown]
I yield.
[Unknown]
The general information would still be available.
[Unknown]
One further question.
[Unknown]
He yields, Senator .
[Unknown]
Is there any data that has come to the patron's attention that would indicate that there is a higher and I think I will digress for a moment. Is there in I data that indicates a higher prevalence of identity theft against state employees than the population at large. Is there any data the patron has seen that say there's is a delta to the negative to the detriment of the state employees versus the population at large?
[Unknown]
The Senator from Stafford .
[Unknown]
I would tell the gentleman that the testimony in committee from the person from the director from the department of hugh map resources management who -- human resources management believe there is a direct correlation between the publication of this information and the identity theft of 1,500 state employees. I have not analyzed any data myself but that was the testimony from the director and if I did not believe that were the case I odd haven't brought this bill -- I wouldn't have brought this bill.
[Unknown]
Thank you, Mr. President,.
[Unknown]
Senator Surovell .
[Unknown]
Speaking to the bill, Mr. President.
[Unknown]
The Senator has the floor.
[Unknown]
I struggle with this bill. I believe in the freedom of information act and put in foia bills every year. Last year I became aware that somebody was kind enough to file my tax return in three different states for me. They filed in the commonwealth of Virginia, louisiana and in michigan. I am not a member of anthem and I have never been with anthem. I am with care first. I don't know how they got my social or my wife's social. The only way I found out is I got a letter in the mail from the irs saying I had a six figure tax refund coming and if I hadn't opened my mail, I would never have known about it. And I had to send letters and call all over the place. The identity theft is a huge problem. The electronic tax return fraud is a huge problem. It is -- it is mushrooming. Last year, I ended up looking into this because it happened to me but there were thousands if not millions of electronically filed tax returns all over the country costing the state a lot of money to deal with this to have shut down all these returns and I think it is a real problem. I don't know if -- this is probably one of the causes. I don't know if it is the main cause but it is something that we need to start doing something about. I heard the testimony in committee and having personally been a victim of it I think we need to do everything to protect our state employees to ensure their identity isn't stolen and people aren't stealing the returns and costing the taxpayers money. It ends up costing all of us. Not just about their privacy. I voted for it in the balance even though I am a big advocate of sunshine. I would ask that we vote for this bill.
Bill Howell
Shall Senate bill 202 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 ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 27, nos 2. Rule 36, 2.
[Unknown]
The bill passes.
[Unknown]
Senate bill 362, a bill relating to the Virginia public procurement act; small purchase procedures; transportation-related construction.
[Unknown]
The Senator from Russell County, Senator Chafin .
Ben Chafin
I move that the bill pass and speaking to the bill.
[Unknown]
The Senator has the floor.
Ben Chafin
Permits localities to utilize small purchase procurement procedures for minor maintenance and repairs to public-owned roads and bridges when the cost does not exceed $25,000.
[Unknown]
Thank you, Senator. The Senator from Buckingham, Senator Garrett .
Tom Garrett
Mr. President, would the patron yield for a question.
[Unknown]
Would the Senator from Russell County yield for a question.
Tom Garrett
I yield.
[Unknown]
I want to make sure I understand this correctly. Mr. President, the question would be if the purchase is related to transportation so far example we are going to dig a ditch for drainage and we buy a shovel what oversight would there be over the expenditure for said shovel given that the Price I 'm not trying to be funny that the Price of the shovel is presume andy less than $25,000.
[Unknown]
The Senator from Russell ?
[Unknown]
I would tell the gentleman that the -- these type of procedures are targeted for localities that run their own transportation system, a secondary road system. I have one of those localities in my district, mackanin county, and they have the mountainous terrain is such that they this so many creeks and bridges and significant topographical issues. So, I would say that the county board of supervisors would track the expenditures and keep up with the accounting.
[Unknown]
Mr. President, another request he.
[Unknown]
Would the Senator yield.
[Unknown]
I yield.
[Unknown]
The gentleman yields.
[Unknown]
Talking about Henrico and Arlington. Only three localities in the state that do this or any secondary road system? I'm not clear?
[Unknown]
Mr. President, I 'm not certain how many localities actually have a county road system. There are a very limited number that continue to have a road system.
[Unknown]
Thank you, Mr. President.
Bill Howell
The question is shall Senate bill 362 pass. All in favor of the motion wills aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 36, nos 3.
[Unknown]
Ayes 36, nos 3. The bill passes.
[Unknown]
Senate bill 440, a bill relating to the Virginia guaranteed assistance program; eligibility; use of funds.
[Unknown]
Senior Senator from Fairfax, Senator Saslaw .
Dick Saslaw
Mr. President, I move the passage of the bill and speaking to the bill.
[Unknown]
The Senator has the floor.
Dick Saslaw
The purpose of this bill is an administration bill to encourage people to get through college as fast as possible and definitely within four years in order to hold down the debt, okay, that people accumulate the longer that it takes them to get through college. This bill is heavily I can't emphasize this heavily supported by Norfolk state and Virginia state. They sent representatives to say how important this bill was to them as well as the other universities. But, these two schools really said that this would be a huge help to them. This if there are going to be students who can't for family reasons work reasons whatever can't, you know, do 15 hours or 30 hours a year they still will get money through the commonwealth grant program that we have through the pell program, that is all going to be available. What this dose is it serves as an incentive and incentive only to get in and get out and get in to the workforce as soon as possible as and doing it on a full-time basis. Overall it will save money for the people who a, need it and b, can take 30 credit hours a year. That is the sole purpose of the bill. There is no other purpose.
Bill Howell
Thank you, Senator. The question is shall Senate bill 440 pass. All in favor of the motion wills aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 39, nos 0.
[Unknown]
Ayes 39, nos 0. The bill passes.
[Unknown]
Senate bill 645, a bill relating to the Virginia freedom of information act; exempt records concerning critical infrastructure, government infrastructure, or security information.
[Unknown]
The Senator from Prince William County, Senator McPike .
Jeremy McPike
I move the bill pass and speaking to the bill.
[Unknown]
The Senator has the floor.
Jeremy McPike
This bill deals with several things. It helps do to define the categories of the critical infrastructure, government infrastructure and secure information and continues on the work that pass the last year to secure cyber information. This extends to cyber as well as physical infrastructure and provides a frame work to protect that information and really to provide a frame work to increase information sharing amongst our public safety entities to make sure in this day and age when people are seeking out information in ways to hurt us it provides a frame work where we can secure and notify the record holders of information there is a request and a means to protect that. This is important and endorsed by both homeland security and folks in our public safety sector and I move the bill pass.
Bill Howell
Thanks you, Senator. The question is shall Senate bill 645 pass. All in favor of the motion wills aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 38, nos 1.
[Unknown]
Ayes 38, nos 1. The bill passes.
[Unknown]
Senate bill 717, a bill relating to vineyards; vineyards and orchards grant program and fund.
[Unknown]
The Senator from western Fairfax County, Senator Marsden .
Dave Marsden
Thank you, Mr. President. Move that the bill pass and speaking to the bill.
[Unknown]
The Senator has the floor.
Dave Marsden
Thank you, Mr. President. Senate bill 717 creates a non reverting grant fund to exist in the expansion of vineyards. We everring a shortage of grapes and this will allow public or private contributions to go into the fund to assist in priority smaller vineyards and some what larger ones and with the creation of new vineyards to expand our wine industry and I move that the bill pass. Thank you, Senator. The question is shall Senate bill 717 pass. All in favor of the motion wills aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 36, nos 3.
[Unknown]
Ayes 36, nos 3. The bill passes.
[Unknown]
Senate bill 736, a bill to address local ordinances concerning the installation or use of landscape cover materials until regulations have been approved as part of the statewide fire prevention code. There is a floor amendment to the substitute.
[Unknown]
The Senator from Rockingham, Senator Obenshain .
Mark Obenshain
Mr. President, I would move to reconsider the vote by which this bill was incrossed and advanced -- engrossed and advanced to third reading. All in favor of the motion will. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 39, nos 0.
Mark Obenshain
Ayes 39, nos 0. The motion is agreed to. The Senator from Rockingham ?
[Unknown]
Mr. President, I move to waive the reading of the floor amendments.
[Unknown]
The question is shall the reading of the floor amendments be waived. All in favor say aye. Those opposed, no. The ayes have it. The reading of the floor amendments is waived. The Senator from Rockingham .
[Unknown]
Mr. President, I would move the adoption of the floor amendments in a block. Speaking to that, this bill is a bill that relates solely to the city of Harrisonburg and adoption of an ordinance that relates to wet ground cover outside of multifamily dwell units. A technical amendment to remove language in the bill that pass the out of the committee that created a frame work for the state fire prevention code to adopt changes to the code that would address this. If you didn't like the bill before you won't like it with this, I would suggest this is refinement to the bill that is unlikely to change anybody's outlook on the matter.
[Unknown]
Thank you, Senator. The question is shall the floor amendments be agreed to. All in favor say aye. Those opposed, no. The ayes have it. The floor amendments are agreed to. The Senator from Rockingham .
[Unknown]
Mr. President, I move that bill be engrossed and advanced to its third reading. >> The all in favor say aye. Those opposed, no. The ayes have it.
[Unknown]
I would ask that bill go bye for the day.
[Unknown]
Without objection, that bill will go bifor the day.
[Unknown]
Senate bill 742, a bill relating to the motor vehicle fuels sales tax in certain transportation districts.
[Unknown]
I move that Senate bill 74 pass and speaking to the motion.
[Unknown]
The Senator has the floor.
[Unknown]
Mr. Speaker and lane of the Senate a few years back we passed House bill 2313 which set up a statewide new mechanism for raising revenues that ultimately resulted in some billion dollars of new revenues being raised to be use the statewide. It also established for the first time a Hampton roads transportation accountability commission whose sole purpose is to with an additional effort from our region to be able to raise money to focus on identified congestion relieving tunnel bridge and road projects. Similarly, northwestern Virginia had in exist -- northern Virginia had a similar short that collects an additional fee on motor fuel sales in northern Virginia to be used on a variety of projects sprinkled virtually every jurisdiction in northern Virginia. In the course of negotiating the bill and I was heavily involved in the final negotiations with the House we fell upon the idea at the time gasoline was very expensive and it was purported to say maybe we better put a floor, gasoline prices might actually go down. It was almost laughed at in the committee but we did put the floor in for the statewide. In the Rush to get the bill done after many days of long-term negotiations we didn't put the floors in on the regional taxes. I think all of us have understood what is has gone on over the intervening few years now. All of us are the beneficiaries are very low fuel prices. What happened is because of the precipitous drop in fuel and the fact there was no floors put in in either the Hampton roads or northern Virginia regional authorities no floor was put in we have seen a precipitous drop in the amount of dollars collected. I don't live in northern Virginia but I have my door opened a few times when people from Stafford County saying all that money that we raised went to our costs and expense for the junior rail express. I heard folks from Prince William County their entire mass transit system was based on regional founds and I 'm sure they could tell us the impact in the area and taking 2.1% of the fuelsance we see the same thing. Right now there is serious talk and if you see the bills out of the other side of the aisle the need to have to put up tolls on key crosses in our area in order to make the money work. In order to build these crossings because of what we have seen as a drop in collections that is forcing this kind of view. So in order to address it, what I did for the Hampton roads area is say let's go back to the way it used to be statewide which is a per gallon tax. And this per gallon tax is actually a 14 cents while the gas prices are here and running up to some $2.50 a gallon from $2.50 to $3 wholesale, goes down to 8 cents and above three dollars goes down to 4 cents. What this means is not only a tax increase while the gas prices are so cheap but lass tax decrease over the existing legislation if gas prices get up to where they were before. Because 2.1% of $3 is 6 cents. At $3 it is five cents a gallon and continued to go up and up and up. The gas system in northern Virginia and Hampton road are regressive taxes. When the citizens can least afford the gas bills they will be paying the most taxes. Think about that. It could go to $10 a gallon and still a percentage of the Price and least afford to pay gas is going up. What northern Virginia has done is put into place in their section of the bill at their request a 3% at $3 a gallon. In other words, a fixed rate. $3.17 a gallon. And at 3%. A fixed rate. Which will provide a constant source of revenue that will only go up if more fuel is being used in northern Virginia. And statistics suggest that more fuel is being used around the commonwealth and what northern Virginia has done is we have gone from the percentage tax with this bill back to a per gallon tax. What is does when you run out in my neck of the woods in Hampton roads what that does is create a very large cash flow now while gas prices are so cheap. It means that we can accomplish the projects we identified without tolls and without the need to brother for a long time. -- borrow for a long time. We May have to borrow, the large bridge, we don't know what it will be because the corps of engineers will not tell us for two years. What it means is we will be able to build these and use cash flow and May not have to borrow a nickel at all. I want you to think what that means if we don't have to borrow that means every dollar that we are asking out of the taxpayers' pocket is a dollar going to construction. The second second we throw tolls up and construction give me two dollars and I will give you a dollar worth of construction. The rest of the money is going to the easy pass system and wall street in the form of bond payments. I don't know about you but I have a hard time asking taxpayers to get dollars out of their pocket. When I see critical infrastructure it is the only way that we can get it done. But I don't then want to take another dollar and say we are going to give it to wall street and give it to ease.
[Unknown]
Passes. Heck, we had a bill in Senate finance this year that asked for $750,000 for a $10 adjustment on easy passes some where. Because there was I forget how many but worked out to $750,000 budget amendment that someone was asking for to be able to come up with the money to pay back the consumers that had this. Next year it will be 7.5 million when everybody has to have the easy passes. We have seen in our area what tolls have done in terms of isolating sections of our city. And I think the Senator from Portsmouth knows better than anybody sitting here that this means. We don't want to put up more barriers and tolls at a time when it is critical that in my region we start acting a like a region and we have got to do that and one of the ways we help do that is ensure that we don't put barriers up in the form of toll booths on key crossings in the area. The proposal from the House is we will have hot lanes and they are absolutely critical in northern Virginia. In our area, they are not needed. If we make this effort now we can get it done. No tolls. No high lanes and we May not have to borrow money at all. If we do it will be six, seven, eight years down the road when we find out what the actual cross of the third crossing is going to be. I renew my motion to pass the bill.
[Unknown]
Mr. President, members of the Senate. I rise in support of what the senior Senator from Virginia beach is doing. Let me explain this. Back we got the metro tax back in 1980, my first year in the Senate. And when we got it originally, it was 4% of the retail Price. And two years later, a bill put it back to 2% and it has been like that, it was like that at the retail Price until around 2010 or 2011. Then we changed it to have the wholesaler collect it and remitt it and the reason was that some of the dealers were vastly underreporting what the retail sales were on gasoline. And to make up for the fact that there was a little bit of a drop between, you know, basing it on the retail Price and basing it on the wholesale Price took it to 2.1%. It was my bill. So that made up for most of it. Okay. The day that we put that 2013 date in there was February 20, 2013. That was a Tuesday. On February 16 of 2013 that was a Friday, that was the highest Price that gasoline on average had been in america since July 18, 2008. That was a Friday. On the following Monday, of that July and give you an idea, crude oil was $148 a barrel on July 18, 2008. Then, on Monday, July 21, it dropped $20 a barrel and the gas Price started to plunge. Nationwide, the retail average got down to $1.90 a gallon in February of 2009. Then it started heading back up again and reached the high point on February 16. The wholesale Price of gasoline in Virginia now is now below $1 a gallon, okay. Let me repeat that. It is now below a dollar a gallon. And when we passed this at 3 abouters in northern Virginia and in tidewater was netting 6 cents a gallon in February of 2013. Now, it is netting 2 cents a gallon. In fact, a little less. Well, 2 cents a gallon, okay. That is a drop of 4 cents a gallon. What the northern Virginia segment of this bill does is it puts it at 3% instead of 2 and ties to the February 20 date which is what we tied the state gasoline tax wholesale Price to on that February 20 date. Ties it to that. As a result, northern Virginia transportation district they will the gasoline tax would go from the 2 cents today and keep in mind it was 6 cents three years ago, it will take it up to 9 cents a gallon. An increase of 7 cents over what it is today, but and only 3 cents more than what it was then. To give you an idea how volatile the wholesale market and ultimately affects as can imagine affects the retail market since a week ago Monday the wholesale Price on gasoline has fallen 20 cents a gallon since a week ago Monday night it has fallen 20 cents a gallon. And I had, you know, a group of people from the chamber of commerce in northern Virginia in my office. There were about 16 people I counted. Not a single one knew what the state gasoline tax was. And we can't build these roads for free. We tried from 1986 when we had the special session until 2013 we tried to find contract hes who would pour that concrete and asphalt for free. As a result, they all wanted to be paid. Don't ask me why. They all demand to be paid but we didn't have the money to pay them so that is why we raised the taxes that we did. I would have done it a little differently but that is the way it is. So we need this. Don't kid yourself. You are either going to pay tolls or pay a gasoline tax or be driving on gravel, oh. I there is no other way to do that this. I wish we could run the state for free by we can't. I would hope that people would support this. Quite frankly I don't know any other way to build roads unless you want to take it out of public schools, higher ed, social services or public safety that is the only place you can go or your local real estate taxes can go through the roof. Quite frankly this is a better way to do it. Thank you, Mr. President.
[Unknown]
Mr. President, I rise to speak in support of the bill.
[Unknown]
The Senator has the floor.
[Unknown]
Mr. President, this is clearly a critical issue for part of our region in northern Virginia extending not only through Fairfax and Prince William, Alexandria districts, jurisdictions that I represent but also going to Stafford and other jurisdictions south that depend heavily upon this tax to provide transit services. In Prince William County we have limited services much less extensive than Fairfax, Alexandria about the same as in Loudoun. Limited to bus services and sre those are the two sources are transit available within the region. The bus services there is a limited bus service within the county to help people particularly those without transportation vehicles to get around the county and get to jobs and med appointments but it is also critical for those people who commute outside the county to get to their jobs because the jobs within the county are fairly limited. The buses running these people to help them commute to their jobs and to get home in the afternoon and evenings are extraordinarily valuable resource not only for the people but they have a huge impact in taking vehicles off the road. If we are not able to keep the buses running to help people commute to get to jobs many will drive and add to what are already overly congested roads. So it is a detriment not only to the people who depend upon transit for being able to get to their work and get around the county but will toss people who have private vehicles seussing the roads and who will find that the roads are much more clogged if we are not able to provide the services that we have been. If you think about it, the difference between the $3.17 Price that existed when the 2013 law went into effect and the Price we have now is much more than a 50% decline. Close to a 60% decline at the wholesale Price over that period of time. It devastated the funding that Stafford County uses for vre around Prince William County to help maintain the bus system. This those go away there will be negative implications on the economy and commuting times for all residents in the northern Virginia area and have a negative impact. This lets us get back to where we were and it is critical to our region to be able to do that. I would hope the members of the Senate would pass the bill today.
[Unknown]
The Senator from Newport News .
[Unknown]
Thank you, speak to the bill.
[Unknown]
The Senator has the floor.
[Unknown]
We were told this would fund our needs for the foreseeable future and here we are den asking our con at this time wents to ante up one more time. In Hampton roads there are seven major projects costing billions and billions and billions of dollars and what Hampton roads wants to do is do all of those projects all at once. I would like to remodel my bathroom and expand my garage and build an office in the attic but I don't have the funds and I have to prioritize and do them one at a time. I would hope that we would live within our means and build nose projects as we have the money.
[Unknown]
Thank you, Senator. The Senator from James city county, Senator Norment .
Tommy Norment
Rise in support and encouraging the body to pass Senate 742. I will confess I don't understand the esoteric arguments and pricing of gasoline but I understand something very simple, there are a number of us who happen to be in the profession of practicing law here and in our business and our profession time is equal to money. And for those of us who travel across the state and spend a fair amount of time particularly in northern Virginia and Hampton roads waiting in traffic that is eroding into our time which means less money and if we have less money people like me will have to buy jc penney suits. So I encourage you to vote for the bill.
Bill Howell
Thank you, Senator. The question is shall Senate bill 742 pass. All in favor of the motion wills aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
Tommy Norment
Ayes 23, nos 11.
[Unknown]
Ayes 23, nos 11. The bill passes.
[Unknown]
Uncontested calendar Senate bills on second reading.
[Unknown]
The Senator from James city .
[Unknown]
Thank you, Mr. President. I move that all of the Senate bills on the second reading on the uncontested calendar which would include all Senate bills on pages 9 through 18 including Senate bill 329 through Senate bill 775 that they be engrossed and advanced to the third reading. In the block after the adoption of any amendments. If any Senator desires to remove a Senate bill from the block please do so after the clerk has read the number of that bill.
[Unknown]
The question is shall all Senate bills on second reading on the uncontested calendar pages 9-18 Senate bill 329 through Senate bill 775 be engrossed and advanced to the third reading. In the block after the adoption of the amendments thereto. Any nor desiring to remove a bill from the block do so after the clerk has read the number of the bill. All in favor say aye. Those opposed, no. The ayes have is. The motion agreed to.
[Unknown]
Senate bill 329, reported from the committee on local government with substitute.
[Unknown]
The Senator from Grayson, Senator Carrico .
Bill Carrico
Thank you, Mr. President. I move the committee substitute.
[Unknown]
The question is shall the committee substitute be agreed to. All in favor say aye. Those opposed, no. The ayes have it. The committee substitute agreed to. The Senator from Grayson .
Bill Carrico
Mr. President, I have a series of floor amendments to the substitute and I would waive the reading.
[Unknown]
The question is should the reading of the floor amendments be waived. Ayes the ayes have it.
[Unknown]
The Senator from Grayson .
[Unknown]
Thank you, Mr. President. A brief description and hope that we will adopt the amendments. They are lengthy as far as pages but a lot are just changing numbers to get them in numerical order. Puts back the language that was in the original language of the bill that was negotiated over the years on pole attachment fees. And this is the one that allows those negotiation of poll attachment fees to go in place. The other is simple language that would designate who the individuals that are on the authority board to vote on water and sewer issues when the makeup of the board changes in 2016 of July. I hope it would be the pleasure of this body to adopt those amendments.
[Unknown]
The Senator from Franklin County, Senator Stanley .
Bill Stanley
Speaking to the amendments.
[Unknown]
The Senator has the floor.
Bill Stanley
I want to rise in support of the amendments. Years ago there were negotiations that went on. Between the cable companies and co-ops regarding attaching a high speed internet cable to the poles in which the co-ops used to get electricity to the customers. Part of what happened in the original part of the bill is that negotiation and results were taken out. I want to assure the members of the body that the amendments that my good friend the Senator from Grayson are proposing are good amendments that preserve the hard work that we did to make sure that there was a resolution regarding this issue. So for those reasons, Mr. President, I would ask that we agree to these amendments.
[Unknown]
Thank you, Senator. The question is shall the floor amendments be agreed to. All in favor say aye. Those opposed, no. The ayes have it. The floor amendments are agreed to.
[Unknown]
Senate bill 60, reported from the committee on finance with substitute. And that substitute has been adopt the.
[Unknown]
Senate bill 449, reported from the committee on finance with substitute. And there a floor amendment to the substitute.
[Unknown]
The Senator from James city .
[Unknown]
Thank you, Mr. President. First I would ask that the committee substitution be agreed to.
[Unknown]
The question is will the committee substitution be agreed to. All in favor say aye. Those opposed, no. The ayes have it. The to the Senator from James city county, Senator Norment .
Tommy Norment
I would now move that the floor amendment that the reading of the floor amendment be waived.
[Unknown]
The question is shall the reading of the floor amendment be waived. All in favor say aye. Those opposed, no. The ayes have it. The reading of the floor amendment is waived. The Senator from James city cou.
Tommy Norment
I would ask that the floor amendment be agreed to and speaking to that, sir.
[Unknown]
The Senator has the floor.
[Unknown]
Several members who are very familiar with go Virginia which in part is modeled after what the state of georgia has done brought to my attention that the model which georgia adopted had many of the administrative costs being paid from the private sector initiating this and in essence what that does is indicated that the board create an affiliate entity that will be funded wholly from non-state resources.
[Unknown]
Thank you, Senator. The question is shall the floor amendment be agreed to. All in favor say aye. Those opposed, no. The ayes have it. The floor amendment is agreed to.
[Unknown]
Senate bill 58, reported from the committee on finance with substitute.
[Unknown]
The nor from Hanover, Senator McDougle .
[Unknown]
I move the committee substitution be agreed to. All in favor say aye. Those opposed, no. Thingahave it. The Sunday is agreed to. The substitute is agreed to.
[Unknown]
Senate bill 291, reported from the committee for courts of justice with substitute. Reported from committee on finance.
[Unknown]
The senior Senator from Loudoun, Senator Black .
Dick Black
I move the committee substitute.
[Unknown]
Should the committee substitute be agreed to. All in favor say aye. Those opposed, no. The ayes have it. The committee substitute is agreed to.
Dick Black
Senate bill 354, reported from the committee for courts of justice. Reported from committee on finance.
[Unknown]
Senate bill 364, reported from the committee on finance with substitute.
[Unknown]
The Senator from Russell County, Senator Chafin .
Ben Chafin
I move the committee substitute.
[Unknown]
The question is should the substitute be agreed to. All in favor say aye. Those opposed, no. The ayes have it. The substitute is agreed to.
Ben Chafin
Senate bill 369, reported from the committee on education and health with substitute. Reported from committee on finance with substitute.
[Unknown]
The Senator from Franklin County, Senator Stanley .
Bill Stanley
Thank you, Mr. President. I now move that the education and health committee substitute be agreed to. -- with the -- Mr. President, I changed my mind.
[Unknown]
I thought you would.
Bill Stanley
With the recommendation that the committee substitute be rejected I move the substitute.
[Unknown]
The question is with the recommendation that the ed health substitute be rejected should about be agreed to. All in favor say aye. Those opposed, no. The nos have it. The motion agreed to. The Senator from Franklin .
[Unknown]
Mr. President, I now move that the finance substitute be agreed to, I think.
[Unknown]
The question is shall the financesubstitute be agreed to. All in favor say aye. Those opposed, no. The ayes have it. The finance substitute agreed to.
[Unknown]
Senate bill 422, reported from the committee on finance with amendment.
[Unknown]
The Senator from James city .
[Unknown]
Thank you, Mr. President. I would ask that the committee amendment be agreed to all in favor say aye. Those opposed, no. The ayes have it. The committee amendment agreed to.
[Unknown]
Senate bill 433, reported from the committee on rehabilitation and social services. Reported from committee on finance with amendment.
[Unknown]
Senator Favola .
[Unknown]
Thank you, Mr. President. I move that the amendment be agreed to.
[Unknown]
The question is shall the committee amendment be agreed to. All in favor say aye. Those opposed, no. The ayes have it. The committee amendment is agreed to.
[Unknown]
Senate bill 436, reported from the committee on rehabilitation and social services. Reported from committee on finance.
[Unknown]
Senate bill 468, reported from the committee on local government with substitute.
[Unknown]
The senior Senator from vass beach, Senator Wagner .
Frank Wagner
Mr. President, I move the committee substitute.
[Unknown]
The question is shall the committee substitute be agreed to. All in favor say aye. Those opposed, no. The ayes have it. The substitute is agreed to.
Frank Wagner
Senate bill 535, reported from committee on education and reported from committee on finance with amendments.
[Unknown]
The Senator from Bath County, Senator Deeds .
Creigh Deeds
Mr. President, I move that we agree to the amendments.
[Unknown]
Should the committee amendments be agreed to all in favor say aye. Those opposed, no. The ayes have it. The committee amendments are agreed to.
Creigh Deeds
Senate bill 601, reported from committee on rehabilitation and social services with amendments. Reported from committee on finance.
[Unknown]
The junior Senator from Loudoun, Senator Wexton .
Jennifer Wexton
Mr. President, I move the committee amendments be agreed to.
[Unknown]
The question is shall the committee amendments be agreed to. All in favor say aye. Those opposed, no. The ayes have it. The committee amendments are agreed to.
Jennifer Wexton
Senate bill 711, reported from the committee on rules with amendments. Reported from committee on finance.
[Unknown]
The Senator from Alexandria, Senator Ebbin .
Adam Ebbin
I move that we pass the committee amendments. There.
[Unknown]
The question is should the committee amendments be agreed to. All in favor say aye. Those opposed, no. The ayes have it. The committee amendments are agreed to.
Adam Ebbin
Senate bill 743, reported from the committee on agriculture, conservation and natural resources. Reported from committee on finance.
[Unknown]
Senate bill 775, reported from the committee on education and health. And from the committee on finance with a substitute.
[Unknown]
The junior Senator from Henrico, Senator Dunnavant .
Siobhan Dunnavant
I move the sub Suit be agreed to.
[Unknown]
The question is shall the committee substitute be agreed to. All in favor say aye. Those opposed, no., the ayes have it. The committee substitute is agreed to. The question is shall the national bills be engrossed and advanced to the third reading. Ayes.
Siobhan Dunnavant
Mr. President,.
[Unknown]
The senior Senator from Virginia beach.
[Unknown]
Could Senate bill 468 come out of the block.
[Unknown]
Do you want it to.
[Unknown]
Prior to engrossment and bye for the day.
[Unknown]
Which one was that?
[Unknown]
468 on Page 14.
[Unknown]
468.
[Unknown]
Bye for the bay with that objection, Senate bill 468 will come out of the block and bye for the day.
[Unknown]
Mr. President.
[Unknown]
The Senator from ought, Senator Hanger .
Emmett Hanger
Thank you, Mr. President. Could we pull Senate bill 60 on Page 10 out of the block and bye for the day?
[Unknown]
With that objection, Senate bill 60 about will come out of the block and bye tore the day. Bye for the day. The question is shall the Senate bills be engrossed and advanced to the third reading. That is all bills except for 468 and 60. All in favor say aye. Those opposed, no. The ayes have it. The bills are engrossed and advanced to the third reading. The Senator from James city county, Senator Norment ?
Tommy Norment
Mr. President, I would move that all of the Senate bills which find themselves on the third reading after having been engrossed and advanced with the exception of Senate bill 60 on Page 10 and Senate bill 468 on Page 14 that the rules be suspended and that the third constitutional reading of the titles of the bills on the third reading be dispensed with.
Bill Howell
The request he is shall the rules byssus pended and third reading of the title be dispensed with all bills except for bill 60 on Page 10 and 468.All in favor of the motion. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
Tommy Norment
Ayes 39, nos 0.
[Unknown]
Ayes 39, nos 0. Reading of the titles is dispensed with and the bills are before the Senate on final passage the Senator from James city county, Senator Norment .
Tommy Norment
I would move that all of the Senate bills on the uncontested calendar be passed on the final passage in the block and any Senator who desires to remove a bill from the block please do so after the clerk has read the number of the bill on pages 19-18 including 329 through.
[Unknown]
Bill: 775 with the exception of Senate bill 10 on 60, Senate bill 60 on Page 10 and Senate bill 468 on Page 14.
Tommy Norment
Thank you, Senator. The question is shall the Senate bills on the uncontested calendar 9-18 Senate bill 329 with 775 with the exception of Senate bills 60 and 468 be placed on the final passage in the block with the understanding in I Senator wants a bill removed from the block do so after the clerk has read the number of the bill. All in favor say aye. Those opposed, no. The ayes have it. The motion agreed to. The clerk will please read the number of the bills.
[Unknown]
Senate bill 328.
[Unknown]
What purpose does the Senator rise?
[Unknown]
Can Senate bill 329 come out of the block.
[Unknown]
Do you want it to go bye for the day.
[Unknown]
Did you want that to go bye for the day?
[Unknown]
Bye for the day or just out of the block?
[Unknown]
Out.
[Unknown]
Just out of the block. Thank you.
[Unknown]
Senate bill 449. Senate bill 58. Senate bill 2 -9d 1. Senate bill 354. Senate bill 364. Senate bill 369. Senate bill 422. Senate bill 433. Senate bill 436. Senate bill 535. Senate bill 601.
[Unknown]
Mr. President,.
[Unknown]
The Senator from Buckingham .
[Unknown]
Can.
[Unknown]
Bill: Senate bill 601 come t of the block but not go bye for the day.
[Unknown]
With that objection, Senate bill 601 will come out of the block.
[Unknown]
Senate bill 711. Senate bill 743. Senate bill 775.
[Unknown]
Thank you, madam clerk. The Senator from Fairfax city.
[Unknown]
Can Senate bill 449 come out of the block, please.
[Unknown]
Senator, what Page is that on? Senate bill 449 on Page 10 will come out of the block. The Senator Ebbin .
[Unknown]
Could Senate bill 422 on Page 12 come out of the block.
[Unknown]
With that objection, Senate bill 422 on Page 12 will come out of the block. The Senator from Roanoke County. >> Mr. President, can Senate bill 428 come out of the block and go bye for the day.
[Unknown]
With that objection -- Senate bill 58 will come out of the block and bye for the day. The question is shall the bills in the block pass that is all bills except for Senate bill 58, Senate bill 60, Senate bill 468, Senate bill 329, Senate bill 449, Senate bill 422.
Bill Howell
And Senate bill 601. For the passage vote ayes, opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 39, nos 0.
[Unknown]
Ayes 39, nos 0. The bills in the block pass. Returning to Page 9. Senate bill 329. The Senator from Grayson, Senator Carrico .
Bill Carrico
Thank you, Mr. President. Speak to the bill.
[Unknown]
The Senator has the floor.
Bill Carrico
Real quickly, Mr. President, this bill is addressing issues that are going on in southwest Virginia with a utility authority Bristol Virginia utility authority. For the last year the citizens of that district has been waking up to news lines such as this, academic of corruption. This is an attempt to re-establish the trust of the people by replacing all of the board members by July of 2016 and give them fair representation across the region where these utility services are issued and basically currently the board is made up of eight members of Bristol city members that were past council members and council members and one in Washington County. Even though 48% of the utilities that are offered through Bristol Virginia utilities are in Washington County. What this bill does is it changes the makeup of that with one member being appointed from Bristol city council, one member appointed by the governor as citizen of Bristol, one member appointed by the Washington County board, one member appointed by the Senate, a citizen of Washington County, one member town council. One member appointed by the House of Scott county which also pays for service through this organization, and then one member with a business interest from Bristol city that is appointed by those six members reducing that membership board to seven members from nine. The other parts is and I will get it through, there is already six people from bbu that has been convicted on federal corruption charges and imprison today. A seventh one that is standing trial for 15 indictments. The it ranges from taking money from the authority and buying race tickets, selling the race tickets, pocketing the money, to taking tobacco commission money that was used to expand o it pti, net, critical infrastructure the amount of money taken from the six serving sentences is around $1.2 million. The contracts that were able to be let through this authority that wited that only -- that we created that we can change has allowed even one of the members standing trial right now under the 15 indictments to go to work every day. They can't fire this individual because of the way the contract is written. And unless she is convicted of a felony they can't fire her. She goes to work every day and she draws a salary and if they let her go they have to pay her out of the contract which would be a substantial amount of money. I hope that everyone in this body never has to go through this. The citizens of the 40th district have been outraged by this act and is asking for relief and I think through this legislation we can do that. And I hope it will be the pleasure of this body to support this measure.
Bill Howell
Thank you, Senator. Did the Senator from Petersburg, did you want to -- would you like to make a statement, Senator. The question is shall Senate bill 329 pass. All in favor of the motion wills aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 37, nos 0. Rule 36, 1.
[Unknown]
Ayes 37, nos 1. Rule 36, 1. The bill passes. Moving forward to Page 10. Senate bill 449. The Senator from jane city county, Senator Norment .
Tommy Norment
Thank you, Mr. President. I would move that Senate bill 449 pass. This is what is affectionately referred to as the go Virginia legislation that is en-- has enjoyed a broad base of support as a tran formational piece of legislation trying to create a vertical integration on economic development projects along with higher education and consists of two boards statewide board of 21 members. There will be 8-10 regional boards created. The regional boards will apply for grant for startup initiatives. The grant applications will be made to the statewide board which will then determine based upon objective criteria whether or not to award the grants that will have a sunset clause on them only because they are startup initiative dollars. It enjoys an incredible bipartisan and broad base of the public and private sector support on this. With that I would move its passage.
[Unknown]
Thank you, Senator. The Senator from Fairfax city, Senator Petersen .
Chap Petersen
The Senator yield for a question?
[Unknown]
I would yield.
Chap Petersen
He yields, Senator .
[Unknown]
I ask is there money ali kateed for this in the biannual budget or will there be money allocated?
[Unknown]
The Senator James city county.
[Unknown]
The governor has put money in the first and second year of the budget to fund this inish five.
[Unknown]
Further question, Mr. President,.
[Unknown]
O would the gentleman yield for an additional question?
[Unknown]
I would, sir.
[Unknown]
He yields,.
[Unknown]
Are these such as for the governor's opportunity fund or the vedp or other economic development agencies that we have currently?
[Unknown]
The Senator from James city county.
[Unknown]
Mr. President, I would respond to the gentleman that the governor's opportunity fund will continue to operate as it has with the executive discretion exercised consistent with the statutory language. The Virginia economic development partnership will continue itsinitiatives. This is a free standing piece of legislation that has created the infrastructure for how it will function and operate and the moneys that are appropriated in the budget are directed towards go Virginia .
[Unknown]
Further question, Mr. President,.
[Unknown]
Would the gentleman yield for an additional question.
[Unknown]
Yes, sir.
[Unknown]
He yields, Senator .
[Unknown]
I would ask the gentleman just from reading the summary there are 22 members of the board that will allocate the money of which 11 are nonlegislative members?
[Unknown]
I would encourage him to read it again. Only 21 members of the board. Members the House of delegates, members of the Senate of Virginia, the governor appointment and secretary of commerce and trade and secretary of finance and both the representatives from the House of -- the House of delegates and the Senate and the gubernatorial appointments enjoy in essence a veto provision meaning that there just be a majority vote within each of the three subsets for any project to be approved.
[Unknown]
Further question, Mr. President,.
[Unknown]
Yield for an additional yes?
[Unknown]
Yes, Mr. President,.
[Unknown]
He yields, Senator .
[Unknown]
I would ask the gentleman in the committee substitute if I look at 2.2-2485 b it says the board shall have a member high pressure of 22 members. 8 legislative and 11 nonlegislative citizen and three ex officio members. My question would be is that an inaccurate summary.
[Unknown]
Perhaps I misspoke. I thought we were at 21. 21, 22, matters not to me.
Bill Howell
The gentleman from Fairfax city.
[Unknown]
The majority or at least half nonlegislative members essentially citizen members?
[Unknown]
The Senator from James city county.
[Unknown]
As I recall four members in the House of deaths and me from the Senate and seven from the governor and secondary of commerce and trade are ex officio members so you do the math.
[Unknown]
The Senator from Fairfax city.
[Unknown]
The funds appropriated by this commission,.
[Unknown]
Is this a question?
[Unknown]
It as question, Mr. Chair.
[Unknown]
Do you yield for a question?
[Unknown]
He yields, no are.
[Unknown]
Thank you, Mr. President.
[Unknown]
I would are the funds appropriated does that have to go back to the general assembly for approval or do they have discretion to spend money on their own volition.
[Unknown]
It is made at the time that the budget is presented before the Senate of Virginia and independently before the House of delegates and the ultimately in the budget conference on that. That will be the opportunity for the legislature to speak. Once the process is -- once the infrastructure and the protocol are established as I have applications will be made to the regional boards, those regional boards will screen the applications for grants if in fact the regional board based upon objective criteria that will be established thinks that that is a worth while criteria then they will recommend it to the full statewide board which will then do its evaluation and scoring based upon objective criteria and determiney or not the grant should be awarded and the grants going to be awarded on a number of objective factors but there are also two other factors that will be segui a d. Geographical because.
[Unknown]
I rise in support of the bill.
[Unknown]
The Senator has the floor.
[Unknown]
Mr. President, members of the Senate, I must say that when I first saw the potential of go Virginia and now what we see in this bill, it -- it was stunning that we have finally move inside an area and especially an area of economic revitalization for what is otherwise considered a stagnant economy in Virginia. Collaborative efforts not from the top down, but from the bottom up and creating regional collaborative efforts between local governments and small businesses, free enterprise to make our economy grow because quite frankly, Mr. President, I have seen because remember as I have said to in body before we built Virginia with textile, manufacturing, tobacco and coal and went from 1 abouters or 2% judge employment to -- unemployment to 15% and without this infrastructure and frame work by which we can now innovate in our own economies what we have been seeing is that our economy is regional in the commonwealth and the same climate in Norfolk and Virginia beach. Right now, my friend the Senator from Grayson and myself we watched goal going away and see all of our manufacturing jobs going overseas. We need not only economic opportunities but the frame work to make the economic opportunities work both now and in the future. Some of those that go Virginia touts are innovation. Innovation. Letting the ingenuity of letting the citizen of Virginia innovate and support that innovation. Education. Making sure we are not lookth at pre-k through 12 but pre-k all the way to college, secondary, cert cal cat programs and integrating that into the local regional economy through the collaborative effort and finally infrastructure. Mr. President, you ney have heard me state before about the importance of making sure we maintain and grow the commonwealth infrastructure and that includes and is not limited to interstate 73. This would be one of those tools in the tool box to help that necessary and important highway become a reality. It is a bonding of local government and small business and the virginians together to make sure we have a diversified economy for now and in the futured a for our children's future and I ask that we support this bill. Thank you the, Mr. President.
Bill Howell
The question is shall Senate bill 449 pass. All in favor of the motion wills aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 34, nos 5.
[Unknown]
Ayes 34, nos 5. The bill passes. Moving forward to Page 12. Senate bill 422. The Senator from James city county, Senator Norment. The Senator from Augusta, Senator Hanger. >> Thank you, Mr. President. I move the bill pass and like to speak to the bill.
Tommy Norment
The Senator has the floor.
[Unknown]
Thank you, Mr. President. This particular piece of legislation dealing with the neighborhood assistance act increases the annual cap from $17 million to $22 million and it equalizes the distribution of the program between education and social service programs at $11 million each. I hope it would be the pleasure of the Senate to pass the bill.
Tommy Norment
Thank you, the junior Senator from Henrico, Senator Dunnavant .
[Unknown]
I would like to speak to the bill.
[Unknown]
The Senator has the floor.
[Unknown]
By expanding these credits through the department of social services that is an asset that the clinics the free clinics that we have across the state can utilize to illicit more physician involvement so I hope you will vote for this bill.
Bill Howell
Thank you, Senator. The question is shall Senate bill 422 pass. All in favor of the motion wills aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 37, nos 0.
[Unknown]
Ayes 37, nos 0. The bill passes.
[Unknown]
Mr. President,.
[Unknown]
The Senator from James city county, Senator Norment .
Tommy Norment
Having vetted on the prevailing side, I would ask to reconsider that vote so that all of our mihms can vote, sir.
Bill Howell
The question is shall the vote by which Senate bill 422 passed be reconsidered. All in favor of the motion will. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
Tommy Norment
Ayes 39, nos 0.
[Unknown]
Ayes 39, nos 0. The motion is agreed to. The Senator from --
[Unknown]
Mr. President, Senator Hanger having previously explained the bill I would ask that Senate bill 422 pass.
[Unknown]
The request he is shall.
Bill Howell
Bill: -- question is shall Senate bill 422 pass. All in favor of the motion will. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 38, ayes 0.
[Unknown]
The bill passes.
[Unknown]
Mr. President,.
[Unknown]
The Senator from James city county.
[Unknown]
Excuse me for interrupting the flow. If I could ask your, Mr. President, to return to Page -9d of the calendar having voted on the prevailing side by which Senate bill 329 passed, I would ask that we reconsider that vote will also, sir.
Bill Howell
Thank you, Senator. The question is shall the vote by which Senate bill 329 passed be reconsidered. All in favor of the motion will. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 37, ayes 0.
[Unknown]
Ayes 37, nos 0. The notion agreed to. The Senator from Grayson .
[Unknown]
Used to be Carrico, Mr. President. We let Grayson have it. Mr. President, having previously explained the bill, I ask that we support the bill and vote yes.
Bill Howell
Thank you. The question is shall Senate bill 329 pass. All in favor of the motion wills aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 38, ayes 0. Rule 36, 1.
[Unknown]
Ayes 38, nos 0, rule 36, is s. The bill passes. Moving to 16. Senate bill 601. The junior Senator from Loudoun, Senator Wexton .
[Unknown]
Thank you, Mr. President. I move the bill pass and speaking to the motion.
[Unknown]
The Senator has the floor.
[Unknown]
Thank you, Mr. President. I think most folks remember that last year we had many, many bills having to do with die cares and one of the biggest bills was one that was carried by our colleague the Senator from Augusta with regard to implementing fingerprint based background checks instead of just name-based background checks in our daycares in Virginia. This bill is simply some cleanup language having to do with that same bill with the previous bill that we pass the out of this body last year. This bill will help keep our kids safer in daycares and it will also make sure that Virginia continues to be able to access the many, many millions of dollars in federal child care development block gones that we depend upon. I -- block grants. The question is shall Senate bill 601 pass. All in favor of the motion wills aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 38, nos 0.
[Unknown]
Ayes 38, nos 0. The bill passes.
[Unknown]
Regular calendar. Senate bills on second reading.
[Unknown]
Mr. President,.
[Unknown]
The Senator from James city county, Senator Norment .
Tommy Norment
Thank you very much, Mr. President. Having vote the on the prevailing side by which we previously passed bye for the day Senate bill 41 on Page 6, I would ask that we reconsider that vote, sir., Senator, we don't need to reconsider it. We can take it up if you would like to do that now. [no audio] >> Page 6 of the calendar, Senate bill 41. There is a floor substitute. The Senator from Alexandria, Senator Ebbin .
Adam Ebbin
Thank you, Mr. President. I would move that we reconsider the vote by which the bill was toward be engrossed and advanced to its third reading.
Tommy Norment
The question is shall the vote by which Senate bill 41 was engrossed and advanced to the third reading. Reconsidered. All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
Adam Ebbin
Ayes 28, nos 11.
[Unknown]
Ayes 28. Nos 11. The motion agreed to. The Senator from Alexandria .
[Unknown]
Amove that we reconsider the vote by which the committee amendment was agreed to.
Bill Howell
The request he is shall the vote by which the committee amendment was agreed to be reconsidered. All in favor of the motion will. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 25, nos 14.
[Unknown]
Ayes 25, nos 14. The motion is agreed to. The Senator from Alexandria .
[Unknown]
In order to discuss the floor substitute I would move that we reject the committee amendment.
[Unknown]
With the recommendation that the committee amendment be rejected the yes is should the be agreed to. All in favor say aye. Those opposed, no.
[Unknown]
The nos have it. The committee amendment is rejebed. The Senator from Alexandria .
[Unknown]
I move that we waive the reading of the floor substitute.
[Unknown]
There being at least eight hands. [no audio] the Senate will stand at ease for just a second.
[Unknown]
The Senator from James city county. Mr. President, if you would please state once again in the affirmative what the issue -- what the question is before the body, sir.
[Unknown]
The motion was that the with the recommendation that the amendment be rejected. Should it be approved or agreed to. So, if you want to reject the amendment.
[Unknown]
Mr. President, should not the question be stated in the affirmative?
[Unknown]
We can do that, Senator. We will do that. Shall the amendment be agreed to?
[Unknown]
Yes, sir.
[Unknown]
All right.
[Unknown]
And if in fact we wanted the committee amendment to be agreed to, then it would be appropriate to push the green button would that be correct, sir?
[Unknown]
That would be correct, thank you.
Bill Howell
To push the green button. Thank you, sir. All right, senators. The question is shall the amendment be agreed to. All in favor of the motion willo se opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 20, nos 19.
[Unknown]
Ayes 20, nos 19. The amendment is agreed to. The Senator from --
[Unknown]
Mr. President,.
[Unknown]
Yes, Senator parliamentary inquiry. Regardless of the committee amendment is the floor substitute in order?
[Unknown]
It is out of order because the amount has been agreed to. The Senator from Grayson, Senator Carrico ?
Bill Carrico
Thank you, Mr. President.
[Unknown]
The Senator from Fairfax city, Senator Petersen. [no audio] just committee amendment. Would not the floor substitute still be before the body. Let me phrase it that way?
Chap Petersen
The Senate will stand at ease. [Senate at ease] go bye temporarily. >> With that objection, Senate bill 41 will go bye temporarily.
[Unknown]
Page 19, regular calendar. Senate bills on second reading.
Chap Petersen
Senate bill 560, a bill relating to foreclosure advertisements; posted at courthouse and on circuit court website. Reported from committee for courts of justice with amendments.
[Unknown]
The Senator from James city county, Senator Norment .
Tommy Norment
Thank you, Mr. President. I would ask that Senate bill 5560 go bye for the day, sir.
[Unknown]
That little will go bye for the day.
Tommy Norment
Senate bill 552, a bill relating to the Virginia freedom of information act; mandatory disclosure of public employee position and salary information; exceptions. Reported from committee on general laws and technology with substitute.
[Unknown]
The Senator from Chesapeake, Senator Cosgrove .
John Cosgrove
I move the committee substitute be aeed to. All in favor say aye. Those opposed, no., the ayes have it. The committee substitute is agreed to.
[Unknown]
I believe there is a floor amendment.
John Cosgrove
Yes.
[Unknown]
I would move the reading of the floor amendment.
[Unknown]
The question is shall the reading of the floor amendment be waived. All in favor say aye. Those opposed, no. The ayes have it. The reading of the floor amendment is waived. The Senator from Chesapeake .
[Unknown]
Thank you, Mr. President now I would move adoption of the amendment and speaking to that motion.
[Unknown]
The Senator has the floor.
[Unknown]
Thank you. The floor substitute drastically reduces the umbrella of people covered under the exemption to foir and would pertain solely to law enforcement members with the adoption of this amendment.
[Unknown]
Would the Senator greed for a yes?
[Unknown]
Would the Senator from Chesapeake yield for a question.
[Unknown]
I yield.
[Unknown]
He yields.
[Unknown]
We asked whether this would apply to sheriffs and chiefs of police and people in a super vice iry aspect. Have they been eliminated from the scope of the bill.
[Unknown]
The Senator from Chesapeake .
[Unknown]
I would say no, they have not under this floor amendment. It abouter tapes to law enforcement officers and training records as and fire marshalls' too defined in that section of the code. It I imagine would, indeed, cover sheriffs and chiefs of police.
[Unknown]
Further question, Mr. President,.
[Unknown]
Would the gentleman yield for an additional question?
[Unknown]
I yield.
[Unknown]
He yields, Senator .
[Unknown]
I ask the gentleman is this dealing with training records or salary information or both?
[Unknown]
The Senator from Chesapeake .
[Unknown]
Mr. President, it is just with training records and their names and has nothing to do with the salaries. With the adoption of the amendment the whole salary question was taken out.
[Unknown]
Final question.
[Unknown]
Would the Senator yield for an additional question.
[Unknown]
He yields.
[Unknown]
I apologize. This no longer has anything to do with salary and solely has to do with training records.
[Unknown]
The Senator from Chesapeake .
[Unknown]
I answer the gentleman and names. Not just training records but also the names of the law enforcement questions.
[Unknown]
The second final question, Mr. President,.
[Unknown]
Would the gentleman yield for an additional question.
[Unknown]
I would love to.
[Unknown]
He yields.
[Unknown]
I names of the person receiving the salary is now redacted.
[Unknown]
The Senator from Chesapeake .
[Unknown]
I believe that is accurate, yes, Mr. President,.
[Unknown]
Thank you, Senator .
[Unknown]
I thank the gentleman.
[Unknown]
Thank you, Senator. Is senior Senator from Loudoun, Senator Wexton .
[Unknown]
Thank you, Mr. President. Would the patron yield for a question.
[Unknown]
Yield for a question?
[Unknown]
I would be delighted.
[Unknown]
He yields.
[Unknown]
I would inquire whether the law enforcement officers covered under this section still include animal control officers, lottery board officers?
[Unknown]
The Senator from Chesapeake .
[Unknown]
Thank you, Mr. President. As long as they have arrest powers as defined in that section of the code they would be included.
[Unknown]
Thank you, Mr. President.
[Unknown]
Thank you, Senator .
[Unknown]
Mr. President,.
[Unknown]
The Senator from Fairfax .
[Unknown]
I apologize for trespassing. Speak against the measure.
[Unknown]
The Senator has the floor.
[Unknown]
I thank the gentleman for scaling back this measure some what although I 'm not clear how much it was scaled back. I'm worried when the afternoon is over we will have taken a significant bite out of foia. I understand that people in --
[Unknown]
Mr. President,.
[Unknown]
The Senator from Hanover .
[Unknown]
Parliamentary inquiry. Are we not just talking about the acceptance of the floor amendment.
[Unknown]
That is correct.
[Unknown]
I apologize.
[Unknown]
Thank you, Mr. President.
[Unknown]
The question is shall the floor amendment be agreed to. All in favor say aye. Those opposed, no. The ayes have it. The floor amendment is agreed to. The Senator from Chesapeake .
[Unknown]
Thank you, Mr. President. Now I would move the bill be engrossed and advanced to the third reading.
[Unknown]
Thank you, Senator. The question is shall the bill engrossed and advanced to the third reading. All in favor say aye. Those opposed, no. The ayes have it. The bill is engrossed and advanced to the third reading.
[Unknown]
Senate bill 737, a bill relating to the payment of public employees for time away from their official duties for the benefit of any labor union, labor organization, or employee organization; penalty. Reported from committee on general laws and technology with substitute.
[Unknown]
The Senator from Rockingham, Senator Obenshain .
Mark Obenshain
Mr. President, can that go bye for the day before the adoption of the substitute.
[Unknown]
With that objection, Senate bill 737 with go bye for the day.
Mark Obenshain
Directing the department of health to establish a three year telemedicine pilot program. Reported from committee on education and health. Reported from committee on finance with amendment.
[Unknown]
I move that the amount be agreed to.
[Unknown]
The question is shall the committee amendment be agreed to. All in favor say aye. Those opposed, no. The ayes have it. The committee amendment is agreed to. The Senator from Franklin .
[Unknown]
I move that we engrossed and advanced to the third reading.
[Unknown]
The question is shall the bill be engrossed and advanced to the third reading. All in favor say aye. Those opposed, no. The ayes have it. The bill is engrossed and advanced to the third reading.
[Unknown]
Senate bill 44, a bill relating to coal tax credits. Reported from committee on finance with substitute.
[Unknown]
The Senator from Grayson, Senator Carrico. The question is shall the substitute be agreed to. All in favor say aye. Those opposed, no. The ayes have it. The substitute is agreed to. The Senator from Grayson .
Bill Carrico
I hope is would be the pleasure of the body to engross the bill and pass it on to its third reading.
Bill Howell
The question is shall the bill be engrossed and advanced to the third reading. All in favor say aye. Those opposed, no. The ayes have it. The bill is engrossed and advanced to the third reading. [no audio]
Bill Carrico
Senate bill 93, a bill relating to creation of the correctional officer procedural guarantee act. There is a committee amendment from the finance committee. >> The Senator from western Fairfax County, Senator Marsden .
Dave Marsden
Thank you, Mr. President. I move that Senate bill 93 that the committee amendment be agreed to. The question is shall the committee amendment be agreed to. All in favor say aye. Those opposed, no. The ayes have it. The committee amendment is agreed to. The Senator from western Fairfax County .
[Unknown]
I move that the bill be engrossed and advanced to the third reading.
Dave Marsden
The question is shall the bill be engrossed and advanced to the third reading. All in favor say aye. Those opposed, no. The ayes have it. The bill is engrossed and advanced to the third reading.
[Unknown]
Senate bill 190, a bill relating to voting systems; use of direct recording electronic machines. Reported from committee on privileges and elections with substitute. Reported from committee on finance with amendments.
[Unknown]
The Senator from Newport News, Senator milner I move the committee substitute be agreed to.
[Unknown]
The question is shall the committee substitute be agreed to. All in favor say aye. Those opposed, no. The ayes have it. The substitute is agreed to. The Senator from Newport News .
[Unknown]
I move the committee amendments be agreed to.
[Unknown]
The question is shall the committee amendments be agreed to. All in favor say aye. Those opposed, no., the ayes have it. The committee amendments are agreed to. The Senator from Newport News .
[Unknown]
Thank you, Mr. President. I move the bill be engrossed and advanced to the third reading.
[Unknown]
The question is shall the bill be engrossed and advanced to the third reading. All in favor say aye. Those opposed, no. The ayes have it. The bill is engrossed and advanced to the third reading.
[Unknown]
Senate bill 216, a bill relating to limitation on the application of parole statutes. Reported from committee for courts of justice with amendment. Reported from committee on finance with substitute.
[Unknown]
The Senator from western Fairfax County, Senator Marsden .
Dave Marsden
I move that that the courts of justice amendment be rejected.
[Unknown]
Thank you.
Dave Marsden
With the motion that it be accept.
[Unknown]
Thank you, Senator. With the recommendation that it be rejected the question is shall the courts committee amount amendment be agreed to. All in favor say aye. Those opposed, no. The nos have it. The motion agreed to. The Senator from western Fairfax County .
[Unknown]
I move that the finance committee substitute about he growed to. All in favor say aye. Those opposed, no. The ayes have it. The finance substitute is agreed to. The Senator from western Fairfax County .
[Unknown]
Thank you, Mr. President. I move that the bill be engrossed and advanced to the third reading.
Bill Howell
The question is shall the bill be engrossed and advanced to the third reading. All in favor say aye. Those opposed, no. The ayes have it. The bill is engrossed and advanced to the third reading.
[Unknown]
Senate bill 339, a bill relating to stalking; penalty. Reported from committee for courts of justice with amendments. Reported from committee on finance with substitute.
[Unknown]
The Senator from Spotsylvania, Senator Reeves .
Bryce Reeves
Thank you, Mr. President with the recommendation that we reject the amendment I now move the amendment be agreed to.
[Unknown]
Senator with the recommendation that the courts committee amendments be rejected the question is should they be agreed to. All in favor say aye. Those opposed, no., the nos have it. The motion agreed to. The Senator from Spotsylvania .
Bryce Reeves
Mr. President, thank you, I would now move that the committee substitute be agreed to. All in favor say aye. Those opposed, no. The ayes have it. The cbs is agreed to. -- the substitute is agreed to. The Senator from Spotsylvania .
[Unknown]
I move that the bill engrossed and advanced to the third reading.
[Unknown]
The question is shall the bill be engrossed and advanced to the third reading. All in favor say aye. Those opposed, no. The ayes have it. The bill is engrossed and advanced to the third reading.
[Unknown]
Senate bill 457, a bill relating to asset forfeiture; burden of proof. Reported from committee for courts of justice. Reported from committee on finance. There is a floor substitute.
[Unknown]
The Senator from Fairfax city, Senator Petersen .
Chap Petersen
Thank you, Mr. President. Hold on a second. I would move -- would ask that that go bye for the day.
[Unknown]
With that objection, Senate bill 457 will go bye for the day.
Chap Petersen
Senate bill 542, a bill relating to sewer authorities; liens for delinquent charges. Reported from committee on local government with amendments.
[Unknown]
The Senator from Rockingham, Senator Obenshain .
Mark Obenshain
Mr. President, I move that the committee amendments be agreed to.
[Unknown]
The question is shall the committee amendments be agreed to. All in favor say aye. Those opposed, no. The ayes have it. The committee amendments are agreed to. The Senator from Rockingham .
Mark Obenshain
Mr. President, I would ask that this be engrossed and advanced to the third reading.
[Unknown]
The question is shall the bill be engrossed and advanced to the third reading. All in favor say aye. Those opposed, no. Ayes v. It. The bill is engrossed and advanced to the third reading.
[Unknown]
Senate bill 677, a bill relating to fees for concealed handgun permits. Reported from committee for -- committee on finance.
[Unknown]
The Senator from chester field, Senator Chase .
[Unknown]
I ask this bill be engrossed and advanced to the third reading.
Bill Howell
The question is shall the bill be engrossed and advanced to the third reading. All in favor say aye. Those opposed, no. The ayes have it. The bill is gross. The bill is engrossed and advanced to the third reading. Uncontested calendar Senate bills on first reading.
[Unknown]
The Senator from James city county.
[Unknown]
At the suggestion of the senior Senator from Fairfax County, I want to see if there is the opportunity for us to move any of the bills that were previously on the second reading on the regular calendar to move them through to final passage. I think there are a number of them that perhaps we could move and it certainly is going to save some evening time later on. So it would be my intention to move these forward subject to the one rule exception if someone, if someone of the senators is uncomfortable with it then we will not do that. Mr. President, I would respectfully move that the rules of the Senate be suspended and that the third constitutional reading of the titles of the Senate bills on the regular calendar which were previously on the second reading and are now on the third reading con the rules suspended and the third constitutional reading of the titles dispensed, with, sir.
Bill Howell
Shall the rules be suspended and the third constitutional of the bills referred to be waived. All in favor of the motion will. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 39, nos 0.
[Unknown]
Ayes 39, nos 0. The motion is agreed to.
[Unknown]
Mr. President,.
[Unknown]
The Senator from James city county.
[Unknown]
Just by way of orientation. We would handle these bills now just as they would be if they were on the regular calendar third reading and so the sponsoring Senator would have the responsibility of moving the passage of the bill explaining the bill and if he or she does not want the bill considered today just pass it bye for the day.
[Unknown]
Thank you, sir.
[Unknown]
Thank you, Senator .
[Unknown]
Senate bill 552.
[Unknown]
Present.
[Unknown]
The Senator .
[Unknown]
Could that bill go bye for the day please.
[Unknown]
With that objection, Senate bill 552 will go bye for the day.
[Unknown]
Senate bill is the.
[Unknown]
The Senator from Franklin County, Senator Stanley .
Bill Stanley
Thank you, Mr. President. I now move that Senate bill 19 pass and speaking to that motion, sir, briefly.
[Unknown]
Ooh the Senator has the floor.
Bill Stanley
Thank you, Mr. President. Senate bill 19 concerns the creation of a three year telemedicine telehealth telepsych pilot program to be created in the underserved and undermedically under privileged areas throughout the commonwealth of Virginia. I think you probably heard me say this talking about rural healthcare. Right now a problem in terms of having enough doctors to serve the people in the medically underserved areas in places like south side and southwest Virginia and underserved areas even in the urban areas. We are trying to bring the best and brightest doctors and medical professionals from all disciplines together in using telemedicine and telehealth the could many pewter or the phone to -- the computer or the phone to bring them into the patient center medical home to diagnose and help treat and manage the care of the people that otherwise might not have the opportunity to have the high quality physicians, doctors, treat them and manage their care. This tries to solve one of our problems that we have in the rural and medically underserved areas and if we can in and the pilot program is successful, Mr. President, we will be able to make it portable to apply to whether it be in the coal fields or in the inner cities here in the commonwealth. For those reasons, Mr. President, I renew my motion that the bill pass.
[Unknown]
The question is shall Senate bill 19 pass. All in favor of the motion willt es aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 37, nos 2.
[Unknown]
Ayes 37, nos 2. The bill passes.
[Unknown]
Senate bill 44.
[Unknown]
The Senator from Grayson, Senator Carrico .
Bill Carrico
Mr. President, can that bill go bye for the day.
[Unknown]
With that objection, Senate bill 44 will go bye for the day.
Bill Carrico
Senate bill 93.
[Unknown]
Senator Marsden .
[Unknown]
Thank you, Mr. President. I move that the bill pass and peek speaking to that in measure.
[Unknown]
The Senator has the floor.
[Unknown]
This is the correctional officer act that provide with similar procedures for when an allegation ma id against a correction allege officers and allows to are a panel to be selected to hear it with the -- with the employee who was under disciplinary action would have a chance to appoint someone. The department of corrections could appoint someone. And then the two individuals would appoint it third party and allows for time frames as to when things happen and basically gives the same right that -- that other law enforcement officers in Virginia have to our hard working correctional officers in the department of corrections who need these protections and in the Senate finance can committee the quantifiable costs fiscal impact was were eliminated. These folks do a great job and I urge that the bill pass.
Bill Howell
The question is shall Senate bill 93 pass. All in favor of the motion wille s aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 33, nos 6.
[Unknown]
Ayes 33, nos 6. The bill passes.
[Unknown]
Senate bill 190.
[Unknown]
The Senator from Newport News, Senator Miller .
John Miller
Thank you, Mr. President. I move that the bill pass and speaking to that.
[Unknown]
The Senator has the floor.
John Miller
Mr. President, ladies and gentlemen of the Senate this bill would prohibit the use of all direct recording electronic voting machines after July 1, 2018. They are the touch screens that we vote on that have no paper trail. As you know, the department of elections has ruled the dres can no longer be purchased in Virginia and in 2007 the general assembly banned the purchase but allowed localities to continue to use them. But as time marches on they become more and more unreliable and we have all heard many stories of how they have broken down or recorded votes for the wrong person. Now is the time to set a date certain to let localities know they can no longer be used after July 1 of 2018 and I renew my motion to pass the bill.
Bill Howell
Thank you, Senator. The question is shall Senate bill 190 pass. All in favor of the motion wills aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 36, nos 3.
[Unknown]
Ayes 36, nos 3. The bill passes.
[Unknown]
Senate bill 216.
[Unknown]
The Senator from western Fairfax County, Senator Marsden .
Dave Marsden
Thank you, Mr. President. I move that the bill pass and speaking to the measure.
[Unknown]
The Senator has the floor.
Dave Marsden
Thank you, Mr. President. After the commonwealth of Virginia eliminated parole in 1995 there was a five year period that took place wherein juries were not instructed that parole had been abolished. And what we had is jurors reporting that well, we gave a sentence of 30 years expecting that the person might do 10 of those or gave a person 20 years expecting that they might do eight years of that sentence. They were not aware that parole had been abolished and during the five year period of time a number of people were convicted and sentenced to the penitentiary and it was ruled that it was inapproach rest and the juries needed to be advises id of that. This seeks to go back in a narrow limited way to restore to nonviolent offenders some parole eligibility. Doesn't give a guarantee of release but some parole eligibility. There are 420 inmates still serving time whose juries were not informed that parole had been eliminated and deals with a narrow category of offender nonviolent. I believe instead 520 today it is only 17 individuals who would obtain parole eligibility. I think it is just and fair and I would urge the body to pass the bill.
[Unknown]
The senior Senator from Loudoun, Senator Black .
Dick Black
Mr. President, would the gentleman respond to a question.
[Unknown]
The Senator from western Fairfax .
Dick Black
I yield, Mr. President,.
[Unknown]
He yields, Senator .
[Unknown]
I believe that the gentleman said that this made these individuals eligible for parole consideration. It does not confer upon them parole but it simply makes them eligible for consideration?
[Unknown]
The Senator from western Fairfax County .
[Unknown]
Thank you, Mr. President. That is, indeed, the case that this only provides for an eligibility and for the parole board to consider their release. Their conduct, their performance, how much time they served on the sentence and the normal considerations would go into effect to determine whether they would be released on parole.
[Unknown]
Further question.
[Unknown]
Would the Senator yield for an additional question?
[Unknown]
I would.
[Unknown]
He yields, Senator .
[Unknown]
I would ask the gentleman -- to respond to perhaps a technical issue and I was wondering if this could go bye temporarily. Thank you. With that objection, Senate bill 216 will go bye temporarily.
[Unknown]
The Senator from Spotsylvania, Senator Reeves. Thank you, Mr. President. Ask the bill pass and speaking to the bill.
Bryce Reeves
Ladies and gentlemen of the body this is the stalking bill that was the result of the crime commission unanimously endorsed based on the commission study back in 2015. Under the current provisions of the stalking statute in the commonwealth the burden of proof must prove that the stalker or reasonably should have known that his or her conduct placed the victim if fear of death, criminal sexual say sault or bodily injury to him self or herself or a family member. This creates a prima facie placed in such fear that the stalker was going to do damage. It does not amend the stalking statute. A defendant can be convicted of stalking without receiving actual notice to the conduct report victim. I would ask that the bill pass.
Bill Howell
The question is shall Senate bill 339 pass. All in favor of the motion wills aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
Bryce Reeves
Ayes 38, nos 0.
[Unknown]
Ayes 38, nos 0. The bill passes.
[Unknown]
Senate bill 542.
[Unknown]
The Senator from Rockingham, Senator Obenshain .
Mark Obenshain
Mr. President, I move that the bill pass and speaking to the bill.
[Unknown]
The the Senator has the floor.
Mark Obenshain
Mr. President, members of the Senate this is a particularly exciting bill dealing with sewer liens. I have the privilege of -- it does stink. The privilege of representing a county that is so small it doesn't have a water and sewer system. It has a sewer system in certain of its localities and the normal remedy for unpaid water and sewer bills is you cut off the junction they don't have the same option with a sewer system. So we are trying to give them some option and working with the realtors and others and banking association we came up with a piece of legislation that I don't think everybody is entirely happy with but it prevents situations or limits the situation in which liens come to exist. The concern with respect to these liens having tenants and property not paying their bills and having unlimited liens arise for the absentee property owners, the landlord. What this do he was is for doest limits the amount of the lien and with respect to land owners, owners there is no limit. Limit is the amount of unpaid sewer bills. So, Mr. President, I would ask that this pass.
[Unknown]
Mr. President.
[Unknown]
The Senator from Roanoke city.
[Unknown]
May this go bye for the day.
[Unknown]
With that object.
[Unknown]
That stinks.
[Unknown]
Will go bye for the day.
[Unknown]
Senate bill 677.
[Unknown]
The Senator from Chesterfield. Senator Chase .
Bill Howell
Thank you Mr. President. I would like to ask this bill to go bye for the bay without objection, Senate bill 677 will go bye for the day.
[Unknown]
Uncontested calendar.
[Unknown]
Mr. President,.
[Unknown]
Mr. President. Will.
[Unknown]
The Senator from James city county.
[Unknown]
Thank you, Mr. President. Having voted on the prevailing side by which Senate bill 339 on Page 24 was pass the I would ask that we reconsider that vote.
[Unknown]
Thank you, Senator. The question is shall the vote by which Senate bill 339 pass be reconsidered. All in favor of the motion will. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 39, nos 0.
[Unknown]
Ayes 39, nos 0. The motion is agreed to. The Senator from Spotsylvania .
[Unknown]
Thank you, Mr. President. Having previously explained the stalker bill, I would ask the bill pass.
Bill Howell
The question is shall Senate bill 339 pass. All in favor of the motion wills aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 39, nos 0.
[Unknown]
Ayes 39, nos 0. The bill passes. The Senator from western Fairfax County .
[Unknown]
Thank you, Mr. President. Senate bill 216 which was pass the by temporarily. I think we have my legal counsel has checked and the bill is in proper form.
[Unknown]
The Senate will come to order.
[Unknown]
I believe the gentleman from Loudoun County I 'm not sure whether he had completed his questions. If he has anymore questions I would be pleased to answer them.
[Unknown]
Thank you, Senator .
[Unknown]
The senior Senator from Loudoun. Did you you have a question concerning Senate bill 216? Where we left off.
[Unknown]
Mr. President, I believe that we have resolved this. My question had been whether these people would remain eligible for parole and the answer I believe was that they would remain. But we are only talking about roughly 17 nonviolent individuals. Is that correct?
[Unknown]
That is correct, Mr. President. And having previously explained the bill I move that the bill pass.
Bill Howell
Thank you, Senator. The question is shall Senate bill 216 pass? All in favor of the motion wills aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 30, nos 9.
[Unknown]
Ayes 30, nos 9. The bill passes. The Senator from James city county.
[Unknown]
Mr. President, if we could turn to Page 6 of the calendar on Senate bill 41 which was previously passed bye temporarily I believe and there has been a floor amendment offered to that I believe, sir.
[Unknown]
Thank you, Senator. The Senator from Alexandria, Senator Ebbin .
Adam Ebbin
Thank you, Mr. President. I would move the to waive the reading of the amendments.
[Unknown]
Thank you, Senator. The question is shall the reading of the floor amendment be waived. All in favor say aye. Those opposed, no. The ayes have it. The reading of the floor amendment is waived. The Senator from Alexandria, Senator Ebbin .
Adam Ebbin
I move that the floor amendments be taken up in a block.
[Unknown]
With that objection they will be Senator, you have the floor.
Adam Ebbin
It thank you, these two amendments do something very important. They remove the statutory ban on same gender marriage and also on some contract arrangements that we have in the code and it -- 20.45.2 does thatnd harken back to loving vs. Virginia when used the code of Virginia .
[Unknown]
Mr. President, parliamentary inquiry?
[Unknown]
The Senator from James city county.
[Unknown]
Mr. President, two questions. One of which May be dispositive of the second one. I would inquire of Mr. President, as to whether or not this amendment is not in conflict with the previous posture of the bill.
[Unknown]
No, sir, it is not in conflict.
[Unknown]
Okay. Second inquiry, Mr. President. I would inquire whether or not this amendment is germane and I would direct your attention systemmattically to, first of all, start by looking at the title to the bill which does not contemplate addressing the marriage amendment. Secondly, I would say, Mr. President, that I believe the amendment attempts to make an ancillary attack on the bill by introducing a subject matter that was not previously contemplated by the bill because it dealt with marriage officials and the solemnization of that. I would further say that the amendment is unreasonably and unduely expanding the original subject matter of the bill and that it is an effort to introduce an independent question which was not contemplated by that bill. So, Mr. President, I would respectfully ask that you determine that this proposed floor amendment is germane to the bill as it stands before us in else current context of Senate bill 41.
[Unknown]
Thank you, Senator. The Senate will stand at ease. [Senate at ease] the Senator from James city county. >> I respectfully ask that the Senate now stand in recess until 12:15.
Bill Howell
Without objection, the Senate will stand in recess until 12:15. [Senate in
[Unknown]
The Senate will come to order. I have reviewed the parliamentary inquiry regarding the germaneness and my ruling is that they are germane. The Senator from James city county.
[Unknown]
I apologize, Mr. President, you -- your ruling is what, sir?
[Unknown]
My ruling is that the floor amendments are germane.
[Unknown]
Mr. President, I would respectfully appeal the ruling of you on this floor amendment.
[Unknown]
Thank you, Senator. Is there any discussion on either siderating my ruling?
[Unknown]
-- regarding my ruling?
[Unknown]
How would the question be phrased but you in presenting it before the body?
[Unknown]
The question will be shall the ruling of the chair be sustained.
[Unknown]
Inquiry, Mr. President, if in fact some of us were to respectfully disagree with the ruling that you made that this is germane we would vote no, is that correct, sir?
[Unknown]
That would be my interpretation.
[Unknown]
Speaking to the motion, Mr. President,.
[Unknown]
The Senator has the floor.
[Unknown]
I would encourage everyone to respectfully vote no.
Bill Howell
Thank you, Senator. The question is shall the ruling of the chair be sustained. All in favor of the motion record their votes ayes, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 19, nos 20. The ruling of the chair is not sustained. The Senator from Grayson .
[Unknown]
Thank you, Mr. President. I would move that we engross the bill and advance it on to its third reading.
Bill Howell
The question is shall the bill be engrossed and advanced to the third reading. All in favor say aye. Those opposed, no. The ayes have it. The bill is engrossed and advanced to the third reading. The Senator from Grayson ?
[Unknown]
Thank you, Mr. President. Now I would ask that we suspend the rules and dispense with the third constitutional reading.
Bill Howell
Thank you, Senator. The question is shall the rules be suspended and the third con constitutional reading be dispensed with. All in favor of the motion will. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 39, nos 0.
[Unknown]
Ayes 39, nos 0. The motion is agreed to. The Senator from Grayson .
[Unknown]
Thank you, Mr. President. I move that Senate bill 41 pass and speaking to the bill.
[Unknown]
The Senator has the floor.
[Unknown]
Mr. President, Senate bill 41 is a bill that would allow an individual who is a clergy or licensed minister that performs marriages to be able to only solemnize those marriages of the deep held beliefs that they have and that any organization that they are affiliated with or accommodation of their facilities would only have the -- they would only be able to do that with those facilities with the deep held belief or the marriages that they feel doesn't conflict with their faith. There is in this bill it would not rise to any civil or criminal violations or liabilities if they refuse the marriage to perform and there is nothing -- I want to make this clear -- there is nothing in this bill that changes any current law that prodebts the protected -- that protects the protected classes under federal law that cannot be discriminated with and I hope it would be the pleasure of the body to pass the bill.
[Unknown]
Senator McEachin .
[Unknown]
Will the nor from Grayson yield for a question.
[Unknown]
I yield.
[Unknown]
He yields, Senator .
[Unknown]
Throughout the section that he proposes the word accommodations appears. Would the Senator tell me what he interprets an accommodation to mean within the ambit of this code section.
[Unknown]
Senator Grayson ?
[Unknown]
I would answer the gentleman, Mr. President, that accommodations would be any facilities or accommodations on the campuses of any church or any organization that performs these marriages, performs a marriage, their buildings or their services that they render for that.
[Unknown]
The senior Senator .
[Unknown]
Further question, Mr. President,.
[Unknown]
Yield for an additional question?
[Unknown]
I would yield.
[Unknown]
He yields, Senator .
[Unknown]
Mr. President, I would ask the Senator then why the words that he just used on this floor did not appear in this code section because all this says is accommodations and doesn't say where they are located. It could be the hilton that the church owns down the street. It could be anyplace to use his termology off campus.
[Unknown]
The Senator from Grayson .
[Unknown]
Accommodations designed in the dictionary says a room, a group of rooms, a building in which someone May live or stay and I would say the definition of accommodation is pretty clear.
[Unknown]
Speaking to the measure, Mr. President,.
[Unknown]
The Senator has the floor.
[Unknown]
I feel like we are traveling back in time all in an effort to allow a form of discrimination to take place. Mr. President, let me be clear. There is no one on this Senate floor that believes that people of faith whatever that faith is ought not to be able to practice it in the way they believe if they want to discriminate against Black folks and not allow them in the church they can do that. If this he want to discriminate against gay folks or people divorced and not recognize their marriages they can do that. What they cannot do it extend it beyond the church and that is what this bill does. I understand that we have thrown up beautiful words like marriage or puts in words I can barely pronounce like some solemnization. We have accommodations in this bill and some place where people can stay. They are hotels. They are rooms for rent. Things of that nature. Things that are in lawyers in interstate commerce, I know this is a sensitive issue but I 'm not the with unthat brought it to this floor and now we have to grapple with it. You are saying if you a sincerely held religious belief you can refuse to give people public accommodations and do I need to take us all the way back? Do we need to discuss the curse of hand that finds its so called interpretation again session where noah gets up a set at his children and says the hand shall be the servant of them all, I will not yield, Mr. President. And Mr. President, out of that came a firmly held religious belief, a sincere religious belief. People just knew they were right about it that is justifies slavery. The curse of ham justifies slavery. A sincerely held religious belief and now what are we doing? Another group of people that hold a sincerely held religious belief that is counter to my own, I get that and they ought to be able to discriminate on their campus but not in interstate commerce or public accommodations. If the Senator from Grayson doesn't mean that you can own a hotel as a church and ban people from tahoe tell write the bill that way. But that is not what it says. This is written in the disjunctive, not conjunctive. There is an "or" in there. We are if the business as legislators of reading our work, the Senator from James city county put me in my place we we mat the majority for the brief three weeks and told me I need to read my pleadings. This is not as advertised. It is not just about marriage. It is beyond that. Maybe not intentionally. But it is beyond that. And somebody is going to have the sincerely held belief belief that whatever you are you are not to have access to their facilities. Their hotels. Their book stores. Things of that nature. This is not limited to the campus. I invite the Senator to so limit it but until then this is a bad bill, it is constitutional and it needs to be defeated.
[Unknown]
The Senator from Alexandria, Senator Ebbin .
Adam Ebbin
Thank you, Mr. President. Speaking to the bill.
[Unknown]
The Senator has the floor.
Adam Ebbin
Would the gentleman from Grayson yield for a yes.
[Unknown]
The Senator from Grayson yield for a yes.
[Unknown]
I yield.
[Unknown]
He yields, Senator .
[Unknown]
I would ask where in the bill does it say that marriage celebrantes judges do not have to perform interactionial marriages because of their sin tearily held beliefs?
[Unknown]
The Senator from Grayson .
[Unknown]
I don't know that it does exempt them. I like to refer to 20-13 is a section of the code in which individuals are licensed to recognize the fact that they have the ability to marry.
[Unknown]
The Senator from Alexandria .
[Unknown]
Would the gentleman yield for another question.
[Unknown]
I would yield.
[Unknown]
He yields, Senator .
[Unknown]
To follow on the senior Senator from Henrico 's remarks, would it not be allowable by saying that no person authorized to perform a marriage shall be required to solemnize any marriage and then no religious organization and so forth shall be required to do x, y and z. Would that not be -- would be allowable to deny otherwise protected classes in violation of the policy of the commonwealth to safeguard individuals from discrime nation including people of color would it be allowable to deny those people perhaps access to a church Hall otherwise rented to members of the public except for x or y type of people?
[Unknown]
The Senator from Grayson .
[Unknown]
I would answer the gentleman there is nothing in this code nor today can they deny that of a protected class. This is a religious organization and under the religious beliefs simply the fact that they are sincere held beliefs that they do not have to marry a couple outside of that belief.
[Unknown]
Would the gentleman yield for another question.
[Unknown]
Would the Senator yield for an additional question.
[Unknown]
If I understand the gentleman correctly based on sincerely held religious beliefs that anyone could refuse to either marry or a group could refuse to provide their accommodations if they said it was sincerely held religious belief and I would ask further would the gentleman agree that this bill would grant any sitting judge or justice of the court of record or any sitting judge of a district court the right to refuse to solemnize a marriage on the basis of a privately held religious beliefs whatever those beliefs are.
[Unknown]
No.
[Unknown]
The Senator from Grayson .
[Unknown]
I would answer the gentleman that he have just trying to confuse the section and it has nothing to do with any protected class and it only applies to religious organizations that it states in the bill and a person who is licensed if the judge is licensed then yes, if he has a deeply held religious belief as I said in committee. You can't -- an individual has a religious deeply held religious belief and if you are wanting that person to violate that, then you know, we might as well not have a section of the -- or a constitutional amendment that says that an individual can't be forced to do something as jefferson wrote against that religious belief and I would answer the gentleman that all these questions directed toward discrimination are not in this section, and that it is just trying to confuse everyone about what this bill does.
[Unknown]
Thank you, Senator. The Senator from --
[Unknown]
Speaking to the bill, sir.
[Unknown]
The Senator has the floor.
[Unknown]
First I would like to thank the gentleman from Grayson. He think he clarified judges who I consider public actors of the state could discriminate on closely held religious beliefs. They in the same code section with are it refers to the religious figures it is very clear that judges are included. And I want to be clear that the state should not and under existing law cannot force clergy or houses of worship to perform or host marriage ceremonies with which they have religious objections unless they hold out the public accommodations to all members of the public. I think the bill is clearly unnecessary. Virginias are protexted by the Virginia statute on religious freedom and further by the religious freedom restoration act forbids from burdening free exercise of religion. It would grant any judge it says judge in the code section authority to refuse on the basis of privately held religious beliefs. These are judges paid by the commonwealth, authorized by the commonwealth elected by this body. These are public people we are allowing to discriminate based on privately held religious beliefs. It sanctions discrimination by government employees. The solution in search of a problem. We are the birth place of the statute of religious freedom and enjoy one of the richest histories of any state and core to who we are as a commonwealth. Proposals and licenses to discriminate desecrate the things they claim to protect. Our rich history continued as the body voted to prohibit discrimination yet it remains illegal to have a marriage at noon, be fired at noon and evicted at 4:00. We cannot stop what yes jefferson called the progress of the human mind and strong belief that laws and institutions must keep pace with the times. This would be cloaked under the guise of religious freedom.
[Unknown]
The senior Senator from Fairfax. The Senator from Buckingham, Senator Garrett .
[Unknown]
Mr. President, speaking to the bill.
[Unknown]
The Senator has the floor.
[Unknown]
It was such an oner to be in this room and hear people who I respect as much as the Senator from Alexandria and the senior Senator from Richmond articulate on something that they care about this much. And I mean that. And I think that the Senator from Alexandria 's argument a it is relates to the fact that we stand here in the commonwealth of Virginia where jefferson eceptionly lined out what religious liberty meant for a commonwealth before the nation had such a rule is a pertinent point. But what nobody has done is read what was the logical offshoot of jefferson's opinions on religious freedom and evolved into what became the first amendment to the con u. Constitution of the united states which I will if you will humor me read congress meaning a legislative body shall make no law respecting establishment of a religion or prohibiting the free practice thereof. I have done a lot of reading, Mr. President, on the curse of hamm which was used by people to justify a slave trade and I have also done reading on the reputation that is hundreds of years old that the curse of hamm was used by any legitimate religious official to justify such a thing. Martin luther himself refuted the assertion that the curse of hamm made slavery okay. William wilberforce fought and risked essentially his honor, abraham lincoln dismissed on its face any argument based on the face of hamm and one of whom was christians and I will die gres for a moment and say there is but one main religion in the world and entire portions of a text devoted to how one should treat the slaves they own back on topic and in christianity it does that. This is not about stopping people from marrying each other. This is about stopping people from forcing others to marry them. When we talk about the word accommodation used in this bill, and I would submit it to the Senator from Grayson but he was under questioning if we pull that word out, will you support it? I'm sincere? Mr. President, the word accommodation has no force of law. The word public accommodation has a great deal of force law. That is what happened when we had massive resistance and racism enshrined in not just people's recesses of their minds but restaurant counters and hotels, right? That is a public accommodation. The board public is not here. So what we have then is truly state mandated ideological coercion. A consensus of public sentiment that would be enforced by rule of law and we have a concerted effort to stifle the voice of dissent sponsored by the state. Candidly, maybe I will get myself in trouble, what on earth if we want to talk about things like loving versus Virginia, and some horrific prejudicial practices in the past is the state doing involved in the arena of marriage anyway? Because what is going on here that the Senator from Grayson seeks to address is we are about to get to a point where, indeed, the act of performing a marriage, not getting married, becomes a public accommodation and we tell the catholic priest or the baptist minister or the muslim iman or the orthodox jewish rabbi you must a marry these people because the performance is an accommodation and then jefferson's religious freedom is dead. I'm standing up here saying when we tell churches who they have to mary we destroyed the freedom to worship and exercise Reverend religionas we choose. I will close with this and be redundant, congress shall make no law establishing religion nor prohibiting the preexercise there of. We start making priests and muslim imans and jewish are orthodox rabbis marry those they don't believe they should based on their religion we have destroyed, destroyed religious tree dom.
[Unknown]
Will the Senator from Buckingham yield for a question?
[Unknown]
He yields, Senator .
[Unknown]
Mr. President, I was interested to hear him talk about how the curse of hamm had been refuted by and really in ancient times compared to where we are now by a number of religious scholars. Does that mean that the people who did not believe like the religious scholars believed did not have a deeply held religious belief?
[Unknown]
The Senator from Buckingham .
[Unknown]
I would say this. It has been use the I think candidly to attack my faith to say your faith justified slavery. The people who philosophized on what I believed never used that. Did some people, Mr. President? Yes, they did,.
[Unknown]
I disclaim them and I am ashamed of them and they don't speak for me and my faith and didn't speak for Martin luther or william Morris or abraham lincoln.
[Unknown]
Further question.
[Unknown]
Senator.
[Unknown]
I will try to do a better job of articulating my question. Does the mere fact there were religious scholars who thought that the curse of hamm was a crock take away from the fact that there were people there during that time that held a deeply religious conviction it was not a crack and it was justification for slavery? Does that affect the quality or depth of those people who blew believe that contrary to Martin luther.
[Unknown]
I never thought I would mutter these word on the floor. I could ask the question does the fact that malik zulu shabazz think one race is better than the other take away the fact that you don't? There were racists who used a scripture to justify abhor rent behavior but that is not what is going on here. With all due respect, I understand where you are coming from and it was used and I would con cede that and I would tell you that it is offensive to me to suggest that I might adhere that because I might adhere to the same faith that somebody some number of years ago used that to justify a horrible yong. I had my voice back and now I lost it again.
[Unknown]
The senior Senator .
[Unknown]
I apologize for speaking again, Mr. President, and after this I will sit down and vote. The Senator from Buckingham and I are not able to communicate. I am not asking the questions to right man and perhaps he is not hearing them in the right manner. I will say simply there. There was a time when the curse of hamm was an accepted religious practice or belief and that was used to justify discrimination. Things change over time. And I don't certainly mean to -- I don't mean to suggest that anybody in this chamber believes that today. My point is this -- the Senator from Buckingham and the Senator from Grayson have talked about the marriage ceremony. Nobody disagrees with the notion that the marriage ceremony should be performed by someone who is willing to perform it. But this bill goes beyond that. There is an "or" in there and after the or follows the words facilities, accommodations, and a whole host of other things. And that puts in the disjunctive. Not like you are saying connecting the facilities with the marriage or accommodations through the use of the word and. You are using the word or. I would suggest to the Senator from Buckingham it is not qualified by the word private or public. Just says accommodations. And I suggest to you that makes makesunconstitutional because te is another clause we are supposed to honor called interstate commerce and it is under the interstate commerce clause that many, many discriminatory practices were struck down. You can be as discriminatory as you want as long as you are not in interstate commerce. This brings into interstate commerce, facilities, accommodations. It is not the con junctive. It is the disjunctive.
[Unknown]
The senior Senator from Fairfax, Senator Saslaw .
Dick Saslaw
It is interesting the education you got when I first heard this term curse of hamm I thought they were talking about something on a plate back there in the room off the chamber. And that was something you got from eating that stuff. I guess not. I guess it refers to something in the bible. Learn something every day, don't you? Will the Senator from Grayson rise? I want to try to figure out what I am voting on here.
[Unknown]
Would the Senator from Grayson yield for a question.
Dick Saslaw
I will yield.
[Unknown]
You use the term Senator McEachin mentioned accommodations. Let me just ask you this -- a gay couple goes into the hilton hotel to get a room, the clerk at the desk seeing obviously what the situation is can he refuse to rent them a room?
[Unknown]
No.
[Unknown]
Okay.
[Unknown]
Thank you,.
[Unknown]
That is all I wanted to know.
[Unknown]
The Senator from Buckingham, did you have additional.
[Unknown]
Briefly and I will call the question myself if it is okay. I'm sorry. If you look up public accommodation definition you get a legal definition from the supreme court. The word public makes a huge difference and goes to the Senator from Fairfax 's question and that is you May not efuse to and it is the law and it should be but there is no legal definition on the first Page of accommodation. The word public is all of the difference in the world. Sorry, Mr. President,.
[Unknown]
That is fine. The Senator from Grayson did you have some additional --
[Unknown]
Mr. President, if everyone is done, I would like to just --
[Unknown]
We do have one more but you are welcome. The Senator from Alexandria .
[Unknown]
Yes, Mr. President. I apologize for speaking twice but things were stated that I feel compelled to respond to. No one is forcing a priest to marry divorced people and no one is forcing a minister to marry people young and old or different in age and nobody is forcing a rabbi to marry an interfaith couple. Two things most troubling and at the end of the bill it says it is declare rative of existing law and it is not. Section 20-25 talks about who can perform a marriage. That any circuit court judge May issue an order authorizing a person so this would give them license to discriminate and in most cities or counties there is a few people on the website they designate for anyone who wants to get married civilly and further it says the judges can get married. Should the government officials funded with taxpayer dollars be allowed to pick and choose which duties they will fulfill and which services they will offer to whom especially when the result would be blatant discrimination and the service to be denied involves the fundamental right. It would allow judges to refuse marriage ceremonies, that needs to be clear. I would say to the gentleman from Buckingham, I didn't go to law school. I just am reading the words in the law and the words in the code and checking with other smart lawyers what it means. I know we can argue either side of an issue but it doesn't make it right. Thank you. Thank you, Senator. The Senator from Grayson .
[Unknown]
Thank you, Mr. President. I will be brief. But I would just ask that and I would reiterate that I would ask that the body support the bill. This is dealing with people and organizations or religious organizations that have this deep held belief that marriage is between one man and one woman and if they want to only honor that, that they have the opportunity to not have to be civilly prosecuted or criminally prosecuted if they -- if they deny those marriages. In the arguments and the confusion that everybody wants to throw at this bill, this bill refers to 20-13 which is basically explaining the licensing of individuals who perform those marriages, 20-14 is the one dealing with judges. It is not referred to. 20-25 was brought up and is not referred to in this bill. Only protecting the individuals that have that deep held religious belief. And what does that mean? What does that deep held religious belief mean? I just would quote to you there was many differences to the curse of hamm. I would just quote to you what that deep held religious belief it behold I set before you today a blessing and a curse. A blessing if you obey the commandments of the lord your God which I command you this day. And a curse if you do not obey it. That is what they believe all christians believe that there is whennings and curses -- blessings and curses set above them and if they do this they would be honoring the curse and not the blessings. I ask when you choose, you choose between the blessing and curse. Thank you.
Bill Howell
Thank you, Senator. The question is shall Senate bill 41 pass? All in favor of the motion wills aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 20, nos 19.
[Unknown]
Ayes 20, nos 19. The bill passes.
[Unknown]
Uncontested calendar sills on first reading.
[Unknown]
The Senator from James city county, Senator Norment .
Tommy Norment
Thank you, Mr. President. I respectfully move that all of the Senate bills on the first reading on the uncontested calendar and regular calendar which include all Senate bills on pages 26 through 34 with the rules of the Senate be suspended and the first constitutional reading of the titles be dispensed with.
Bill Howell
The request he is shall rules be suspended and the first reading of the Senate bills on the uncontested and regular cal len cars 26-34, Senate bill 277 through Senate bill 740 be dispensed with. All in favor of the motion will. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
Tommy Norment
Ayes 39, nos 0.
[Unknown]
Ayes 39, nos 0. The reading of the titles is dispensed with. The Senator from James city county.
[Unknown]
I would move that all of the bills be passed bye for the day, sir.
[Unknown]
The question is shall the Senate bills on the uncontested and regular cal len dears on the second reading go bye for the day. All in favor say aye. Those opposed, no.
[Unknown]
The bills will go buy for the day.
[Unknown]
House joint resolution 123, proposing an amendment to the constitution of Virginia by adding in article x a section numbered 6-b, relating to real property tax exemptions.
[Unknown]
Reported from the committee on privileges and elections.
[Unknown]
The Senator from Rockingham, Senator Obenshain .
Mark Obenshain
Mr. President, can that go bye for the bay with that objection, h.J.R. 123 will gobye for the day.
[Unknown]
House joint resolution 210, election of a supreme court of Virginia justice. Reported from committee for courts of justice.
Mark Obenshain
Reported from the keats for courts of justice. Senator obama.
[Unknown]
Can that go bye for the da.
[Unknown]
I without objection, that will go bye for the day.
[Unknown]
House joint resolution 2, proposing an amendment to the constitution of Virginia by adding in article I a section numbered 11-a, relating to the right to work. Reported from committee on privileges and elections.
[Unknown]
The Senator from Rockingham ?
[Unknown]
I would like to ask that to go bye for the day.
[Unknown]
With that objection, h.J.R. 2 will go bye for the day.
[Unknown]
Regular calendar. Senate joint resolutions on third reading.
[Unknown]
Senate joint resolution 6 proposing an amendment to section 5 of article viii of the constitution of Virginia, relating to the establishment of charter schools.
[Unknown]
The Senator from Rockingham, Senator Obenshain .
Mark Obenshain
Could that go bye for the day.
[Unknown]
With that objection, b.R. 6 will go bye 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 1 of article xii of the constitution of Virginia .
[Unknown]
Senator Suetterlein .
[Unknown]
Mr. President, May that resolution go bye for the day, please.
[Unknown]
With that objection, s.J.R. 23 will go bye for the day.
[Unknown]
Senate joint resolution 127, submitting to the voters a proposed amendment to the constitution of Virginia in conformity with the provisions of section 1 of article xii of the constitution of Virginia. Reported from the committee o
[Unknown]
Could that bo guy for the da.
[Unknown]
I with that objection, s.J.R. 127 will go bye for the day.
[Unknown]
Uncontested calendar. S.J.R. 83. Requesting the department of medical assistance services and the department of social services to study the conferral of authority to local departments of social services to investigate medicaid frau cases. Reported to the committee on rules with amendment and from the committee on finance.
[Unknown]
The Senator from Russell County, Senator Chafin .
Ben Chafin
Thank you, Mr. President. I would move that the committee amendment be agreed to. The question is shall the committee amendment be agreed to. All in favor say aye. Those opposed, no. The ayes have it. The Senator from Russell County .
[Unknown]
I would move that the bill be engrossed and advanced to the third reading.
Ben Chafin
The question is shall the resolution be engrossed and advanced to its third reading. All in favor say aye. Those opposed, no. The ayes have it. The bill is engrossed and advanced to the third reading. The Senator from Russell ?
[Unknown]
I move that we waive the constitutional -- the third constitutional reading.
Bill Howell
Thank you, Senator. The question is shall the rules be suspended a the third constitutional reading be waived. All in favor of the motion will. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 39, nos 0.
[Unknown]
Ayes 39, nos 0. The motion agreed to. The Senator from Russell .
[Unknown]
I would move that the resolution be agreed to.
[Unknown]
Thank you, Senator .
[Unknown]
The question is shall the resolution be agreed to. All in favor say aye. Those opposed, no. The ayes have it. The resolution is agreed to. S.J.R. 95. Directing the commission on youth to study the department of social services' administration of the temporary assistance for needy families program. Report.
[Unknown]
Report the from the keats on finance.
[Unknown]
Senator Favola .
[Unknown]
Thank you, Mr. President. I move that the resolution be engrossed and advanced to the third reading.
[Unknown]
The request he is shall the resolution be engrossed and advanced to the third reading. All in favor say aye. Those opposed, no. The ayes have it. The resolution is engrossed and advanced to the third reading. The Senator from Arlington ?
[Unknown]
Thank you, Mr. President. I move that we waive the third constitutional reading.
[Unknown]
Thank, Senator. The question is shall the rules be suspended and the reading of the third constitution about he waived. All in favor of the motion will. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 39, nos 0.
[Unknown]
Ayes 39, nos 0. The motion agreed to. The Senator from Arlington .
[Unknown]
Thank you, Mr. President. I move that we agree to the resolution.
[Unknown]
The question is shall s.J.R. 95 be agreed to. All in favor say aye. Those opposed, no. Ayes have it. Resolution is agreed to.
[Unknown]
Senate joint resolution 96. Requesting schev to study in conjunction with vccs and doe regarding college readiness. Report.
[Unknown]
Reported from the commit eon rules with substitute and the committee on finance.
[Unknown]
I move the substitute be agreed to.
[Unknown]
The question is shall the substitute about be agreed to. All in favor say aye. Those opposed, no. The ayes have it.
[Unknown]
I move that we engrossed and advanced to the third reading.
[Unknown]
The request he is shall the resolution be engrossed and advanced to the third reading. All in favor say aye. Those opposed, no. The ayes have it. The resolution is engrossed and advanced to the third reading. The junior Senator ?
[Unknown]
Mr. President, I request that we waive the third constitutional reading, please.
Bill Howell
Thank you, Senator. The question is shall the rules be suspended and the third constitutional reading be waived. All in favor of the motion will. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 39, nos 0.
[Unknown]
Ayes 39, nos 0. The motion is agreed to. The junior Senator .
[Unknown]
Mr. President, I move that we agree to the resolution.
[Unknown]
Thank you, Senator. The question is shall the resolution be agreed to. All in favor say aye. Those opposed, no. The ayes have it. The resolution is agreed to. The Senator from James city county, Senator Norment .
Tommy Norment
Mr. President, inquire of the clerk does that complete today's calendar, sir?
[Unknown]
Yes, sir, we have one more matter.
Tommy Norment
Mr. President, having voted on the prevailing side whereby the Senate passed via voice vote s.J.R. 148 I move into we reconsider the vote.
[Unknown]
The request he is shall the vote by which Senate s.J.R. 148 was passed be reconsidered. All in favor of the motion will. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 39, nos 0.
[Unknown]
Ayes 39, nos 0. The motion agreed to. The Senator from Hanover .
[Unknown]
Mr. President, I would tell the members of the Senate this was an error we thought we caught it yesterday and talked to the Senator from Roanoke and apparently we didn't catch it. We did identify it. Just didn't stop it fast enough through the process. With that explanation, Mr. President, I would move that s.J.R. 148 be rereferred to the committee on rules.
[Unknown]
The question is shall s.J.R. 148 be rereferred to rules. All in favor say aye. Those opposed, no. The ayes have it. The motion is agreed to.
[Unknown]
The Senator from Franklin County, Senator Stanley .
Bill Stanley
I rise for a timely point of personal privilege if I May .
[Unknown]
The Senator has the floor.
Bill Stanley
Thank you, Mr. President. Today, February 12, 2016 marks the 45th anniversary of the passing of one the greatest american merchants of the 20th century. In this day in 1971, James cash penny the founder of j.C. Penny died at the age of 95. From a single store in wyoming, j.C. Penny has become one of in,'s top retailers. Today there are more than 1,000 jc penney stores selling affordable and fashionable clothing to consumers who appreciate value. Jc penney was the first major american department store to sell its wares on the internet. It was also the first to create its own dedicated cable shopping network, today, Mr. President, is the start of the holiday weekend known for its great sales. Through Monday jc penney is holding its president's day home sale offering 40% to 60% off furnitures and mattresses. I am told there are also some really good sales in the little boy's Suit department. [laughter]
[Unknown]
Mr. President, on behalf of the entire Senate republican caucus, and in particular majority leader Norment, I would like to encourage all of the members to commemorate the 45th anniversary of the passing of James cash penney by visiting their local jc penney store we they return home this weekend.
[Unknown]
Thank you,.
[Unknown]
Is there in I other business to come before the Senate ? The clerk will please report any announcements on the day.
[Unknown]
Monday February 15 the committee for courts of justice will not meet. Republican caucus ,½ hour before session, Senate room 2. Democratic caucus, ½ hour before session, Senate room 1. The updated weather forecast for the weekend. A forecast for snow today with totals between 1-2 inches possible across the south side Hampton roads area which could cause potential impacts to travel. Two to four inches of snowfall possible for portions of southwest Virginia through tomorrow morning. Flurries in other areas of the state could produce up to an inch of snow. A cold front will pass through tonight, bringing in an arctic air mass. Dangerously low windchill values potentially 25 below with the lowest temperatures in the west and northwest will occur this evening and continue through Sunday. Wind gusts could be as high as 40-50 miles per how with the event. A low pressure system will impact the commonwealth Sunday night through Monday with potential for a wintery mix of precipitation. Drive safely and friendly.
[Unknown]
The Senator from Lynchburg, Senator Newman .
Steve Newman
I move that the Senate do now adjourn until 9:30 Monday .
[Unknown]
Thank you, Senator .
Steve Newman
The question is shall the Senate stand adjourned until 9:30 a.M. Monday.
[Unknown]
The Senate stands adjourned until 9:30 a.M. On Monday. [Senate adjourned] [Senate adjourned]