02/15/2016 Senate Proceedings

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Index

HB4—00:00:34
HB254—00:00:44
SB58—00:01:28
SB197—00:00:20
SB588—00:00:14
SB736—00:01:00
SB735—00:00:12
SB736—00:00:44
SB735—00:00:40
SB736—00:00:20
SB552—00:00:18
SB542—00:01:58
SB677—00:00:20
SB58—00:00:14
SB468—00:01:24
SB458—00:00:16
SB478—00:00:14
SB510—00:00:16
SB553—00:00:16
SB576—00:00:56
SB587—00:00:22
SB590—00:00:40
SB710—00:00:16
SB760—00:00:16
SB60—00:02:40
SB50—00:00:40
SB60—00:01:45
SB50—00:00:40
SB60—00:11:30
SB458—00:01:54
SB478—00:03:27
SB473—00:00:40
SB478—00:07:32
SB560—00:00:36
SB737—00:00:32
SB457—00:07:11
SB9—00:00:32
SB113—00:00:28
SB178—00:00:32
SB224—00:00:18
SB313—00:00:26
SB567—00:00:22
SB568—00:00:12
SB577—00:09:34
SB734—00:00:14
SB740—00:00:40
SB567—00:02:30
SB734—00:00:40
HB4—00:00:40
SB734—00:00:28
SB457—00:00:48
SB9—00:00:22
SB113—00:03:56
SB178—00:00:55
SB224—00:00:58
SB313—00:00:52
SB567—00:00:52
SB577—00:00:58
SB734—00:28:56
SB178—00:00:20
HB4—00:00:40
HB254—00:01:36
HJ123—00:00:56
HJ210—00:00:34
SJ6—00:03:50
SJ8—00:00:40
SJ6—00:03:02
SJ5—00:00:12
SJ6—00:06:41
SJ5—00:00:40
SJ6—00:04:52
SJ5—00:00:40
SJ6—00:01:28
SJ93—00:00:54
SJ127—00:01:02
SB197—00:07:37
SB552—00:03:28
SB44—00:15:15
SB677—00:08:39
SB560—00:22:25
SB740—00:08:08
SB61—00:00:12
SB232—00:02:00
SB61—00:00:24
SB476—00:00:52
SB563—00:00:26
SB625—00:00:20
SB652—00:00:22
SB692—00:00:38
SB592—00:00:40
SB692—00:00:24
SB61—00:06:13
SB692—00:04:10
SB288—00:00:54
SB238—00:00:40
SB288—00:01:56
SB578—00:04:33
SB579—00:09:06
SB578—00:00:16
Sen. Tommy Norment (R-Williamsburg)—00:02
Sen. Scott Surovell (D-Mount Vernon)—00:08
Sen. Tommy Norment (R-Williamsburg)—00:06
Sen. Louise Lucas (D-Portsmouth)—00:02
Sen. Dick Black (R-Leesburg)—00:02
Sen. Jill Holtzman Vogel (R-Winchester)—00:04
Sen. Ryan McDougle (R-Mechanicsville)—00:04
Sen. Bill Stanley (R-Moneta)—00:02
Sen. Mark Obenshain (R-Harrisonburg)—00:04
Sen. John Cosgrove (R-Chesapeake)—00:00
Sen. Mark Obenshain (R-Harrisonburg)—00:02
Sen. Amanda Chase (R-Midlothian)—00:02
Sen. Tommy Norment (R-Williamsburg)—02:31
Sen. Frank Wagner (R-Virginia Beach)—00:02
Sen. Glen Sturtevant (R-Midlothian)—00:00
Sen. Frank Ruff (R-Clarksville)—00:00
Sen. Glen Sturtevant (R-Midlothian)—00:00
Sen. Tommy Norment (R-Williamsburg)—02:40
Sen. Emmett Hanger (R-Mount Solon)—00:02
Sen. Chap Petersen (D-Fairfax)—00:02
Sen. Emmett Hanger (R-Mount Solon)—00:06
Sen. Chap Petersen (D-Fairfax)—00:02
Sen. Bryce Reeves (R-Spotsylvania)—00:04
Sen. Emmett Hanger (R-Mount Solon)—00:02
Sen. Dick Black (R-Leesburg)—00:02
Sen. Dick Saslaw (D-Springfield)—00:02
Sen. Emmett Hanger (R-Mount Solon)—00:00
Sen. Dick Black (R-Leesburg)—00:04
Sen. Emmett Hanger (R-Mount Solon)—00:02
Sen. Don McEachin (D-Richmond)—00:06
Sen. Bill DeSteph (R-Virginia Beach)—00:02
Sen. Mark Obenshain (R-Harrisonburg)—00:08
Sen. Barbara Favola (D-Arlington)—00:02
Sen. Chap Petersen (D-Fairfax)—00:06
Sen. Tom Garrett (R-Lynchburg)—00:04
Sen. Tommy Norment (R-Williamsburg)—00:00
Sen. Mark Obenshain (R-Harrisonburg)—00:00
Sen. Bill Carrico (R-Grayson)—00:04
Sen. Chap Petersen (D-Fairfax)—00:32
Sen. Tommy Norment (R-Williamsburg)—00:04
Sen. Bill Carrico (R-Grayson)—00:04
Sen. Kenneth Alexander (D-Norfolk)—00:02
Sen. Chap Petersen (D-Fairfax)—00:02
Sen. Tom Garrett (R-Lynchburg)—00:02
Sen. George Barker (D-Alexandria)—00:02
Sen. Glen Sturtevant (R-Midlothian)—00:50
Sen. Scott Surovell (D-Mount Vernon)—00:02
Sen. Glen Sturtevant (R-Midlothian)—00:08
Sen. Scott Surovell (D-Mount Vernon)—00:02
Sen. Glen Sturtevant (R-Midlothian)—00:02
Sen. Scott Surovell (D-Mount Vernon)—00:00
Sen. Mark Obenshain (R-Harrisonburg)—00:02
Sen. Glen Sturtevant (R-Midlothian)—01:32
Sen. Scott Surovell (D-Mount Vernon)—00:00
Sen. George Barker (D-Alexandria)—00:02
Sen. Tommy Norment (R-Williamsburg)—00:02
Sen. Jill Holtzman Vogel (R-Winchester)—00:02
Sen. Mark Obenshain (R-Harrisonburg)—00:00
Sen. Tommy Norment (R-Williamsburg)—00:00
Sen. Bill Carrico (R-Grayson)—00:04
Sen. Kenneth Alexander (D-Norfolk)—00:00
Sen. Chap Petersen (D-Fairfax)—00:04
Sen. Richard Stuart (R-Westmoreland)—00:04
Sen. Adam Ebbin (D-Alexandria)—00:04
Sen. Chap Petersen (D-Fairfax)—00:04
Sen. Tom Garrett (R-Lynchburg)—00:02
Sen. John Miller (D-Newport News)—00:04
Sen. Chap Petersen (D-Fairfax)—00:00
Sen. George Barker (D-Alexandria)—00:06
Sen. Glen Sturtevant (R-Midlothian)—00:00
Sen. Mark Obenshain (R-Harrisonburg)—00:04
Sen. Adam Ebbin (D-Alexandria)—00:08
Sen. Mark Obenshain (R-Harrisonburg)—00:06
Sen. Dick Saslaw (D-Springfield)—00:00
Sen. Mark Obenshain (R-Harrisonburg)—00:18
Sen. Dick Saslaw (D-Springfield)—00:04
Sen. Barbara Favola (D-Arlington)—00:04
Sen. Mark Obenshain (R-Harrisonburg)—00:02
Sen. Barbara Favola (D-Arlington)—00:00
Sen. Mark Obenshain (R-Harrisonburg)—00:02
Sen. Barbara Favola (D-Arlington)—00:06
Sen. Tom Garrett (R-Lynchburg)—00:06
Sen. Barbara Favola (D-Arlington)—00:00
Sen. Tom Garrett (R-Lynchburg)—00:04
Sen. John Edwards (D-Roanoke)—00:04
Sen. Mark Obenshain (R-Harrisonburg)—00:00
Sen. John Edwards (D-Roanoke)—00:02
Sen. Mark Obenshain (R-Harrisonburg)—00:04
Sen. John Edwards (D-Roanoke)—00:08
Sen. Mark Obenshain (R-Harrisonburg)—00:04
Sen. John Edwards (D-Roanoke)—00:04
Sen. Dick Saslaw (D-Springfield)—00:02
Sen. Tom Garrett (R-Lynchburg)—00:04
Sen. Dick Saslaw (D-Springfield)—00:04
Sen. Mamie Locke (D-Hampton)—00:02
Sen. Jill Holtzman Vogel (R-Winchester)—00:04
Sen. Tommy Norment (R-Williamsburg)—01:32
Sen. Jill Holtzman Vogel (R-Winchester)—00:04
Sen. Mark Obenshain (R-Harrisonburg)—01:34
Sen. John Edwards (D-Roanoke)—00:02
Sen. Dick Saslaw (D-Springfield)—00:04
Sen. John Miller (D-Newport News)—00:02
Sen. Tom Garrett (R-Lynchburg)—00:06
Sen. Mark Obenshain (R-Harrisonburg)—00:30
Sen. David Suetterlein (R-Salem)—00:02
Sen. Mark Obenshain (R-Harrisonburg)—00:06
Sen. Bill Stanley (R-Moneta)—00:08
Sen. Creigh Deeds (D-Bath)—00:06
Sen. Chap Petersen (D-Fairfax)—00:08
Sen. Adam Ebbin (D-Alexandria)—00:04
Sen. John Cosgrove (R-Chesapeake)—00:54
Sen. Bill Carrico (R-Grayson)—00:24
Sen. Ben Chafin (R-Lebanon)—00:04
Sen. Bill Stanley (R-Moneta)—00:00
Sen. Ben Chafin (R-Lebanon)—00:04
Sen. Bill Stanley (R-Moneta)—00:06
Sen. Dave Marsden (D-Burke)—00:02
Sen. Frank Wagner (R-Virginia Beach)—00:02
Sen. Bill Carrico (R-Grayson)—00:02
Sen. Amanda Chase (R-Midlothian)—00:16
Sen. Tom Garrett (R-Lynchburg)—00:02
Sen. Amanda Chase (R-Midlothian)—00:00
Sen. Tom Garrett (R-Lynchburg)—01:14
Sen. Amanda Chase (R-Midlothian)—00:02
Sen. Bill Stanley (R-Moneta)—00:02
Sen. Amanda Chase (R-Midlothian)—00:00
Sen. Bill Stanley (R-Moneta)—00:22
Sen. Amanda Chase (R-Midlothian)—00:00
Sen. Ben Chafin (R-Lebanon)—00:02
Sen. Amanda Chase (R-Midlothian)—00:04
Sen. Ben Chafin (R-Lebanon)—00:02
Sen. Amanda Chase (R-Midlothian)—00:04
Sen. Ben Chafin (R-Lebanon)—00:02
Sen. Bill Carrico (R-Grayson)—00:31
Sen. Amanda Chase (R-Midlothian)—00:02
Sen. Tommy Norment (R-Williamsburg)—00:02
Sen. Dave Marsden (D-Burke)—00:04
Sen. Chap Petersen (D-Fairfax)—00:02
Sen. John Edwards (D-Roanoke)—00:04
Sen. Richard Stuart (R-Westmoreland)—00:04
Sen. John Cosgrove (R-Chesapeake)—00:02
Sen. Tommy Norment (R-Williamsburg)—00:08
Sen. Bill Carrico (R-Grayson)—00:00
Sen. Tommy Norment (R-Williamsburg)—00:04
Sen. John Cosgrove (R-Chesapeake)—00:04
Sen. Tommy Norment (R-Williamsburg)—00:06
Sen. Scott Surovell (D-Mount Vernon)—00:04
Sen. Roz Dance (D-Petersburg)—00:04
Sen. Scott Surovell (D-Mount Vernon)—00:22
Sen. Bryce Reeves (R-Spotsylvania)—01:00
Sen. Jennifer Wexton (D-Leesburg)—00:02
Sen. Scott Surovell (D-Mount Vernon)—00:02
Sen. Jennifer Wexton (D-Leesburg)—00:08
Sen. Scott Surovell (D-Mount Vernon)—00:02
Sen. Jennifer Wexton (D-Leesburg)—00:00
Sen. Scott Surovell (D-Mount Vernon)—00:02
Sen. Mark Obenshain (R-Harrisonburg)—00:10
Sen. George Barker (D-Alexandria)—00:02
Sen. Adam Ebbin (D-Alexandria)—00:02
Sen. Scott Surovell (D-Mount Vernon)—00:50
Sen. Adam Ebbin (D-Alexandria)—00:04
Sen. Scott Surovell (D-Mount Vernon)—00:04
Sen. Dick Black (R-Leesburg)—00:08
Sen. Don McEachin (D-Richmond)—00:00
Sen. Tommy Norment (R-Williamsburg)—00:06
Sen. Emmett Hanger (R-Mount Solon)—00:00
Sen. Don McEachin (D-Richmond)—00:00
Sen. Tommy Norment (R-Williamsburg)—00:04
Sen. Frank Wagner (R-Virginia Beach)—00:02
Sen. Tommy Norment (R-Williamsburg)—00:00
Sen. Kenneth Alexander (D-Norfolk)—00:00
Sen. Lynwood Lewis (D-Accomac)—00:00
Sen. Tommy Norment (R-Williamsburg)—01:26
Sen. Emmett Hanger (R-Mount Solon)—00:02
Sen. Bryce Reeves (R-Spotsylvania)—00:04
Sen. Emmett Hanger (R-Mount Solon)—00:02
Sen. Dick Black (R-Leesburg)—00:04
Sen. Emmett Hanger (R-Mount Solon)—00:02
Sen. Tommy Norment (R-Williamsburg)—00:14
Sen. Adam Ebbin (D-Alexandria)—00:10
Sen. Bill DeSteph (R-Virginia Beach)—01:30
Sen. George Barker (D-Alexandria)—01:02
Sen. Richard Stuart (R-Westmoreland)—00:02
Sen. George Barker (D-Alexandria)—00:04
Sen. John Cosgrove (R-Chesapeake)—00:00
Sen. George Barker (D-Alexandria)—06:00
Sen. Richard Stuart (R-Westmoreland)—00:06
Sen. Tommy Norment (R-Williamsburg)—01:58
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Minutes

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

Prayer offered by The Honorable Luke E. Torian, Dumfries, Virginia

ROLL CALL OF MEMBERS: quorum present

Motion of Senator Stanley dispensed with reading of Journal (29-Y
6-N)

COMMUNICATION FROM HOUSE (HN10212): reading waived (32?Y 6?N)

The House of Delegates has passed the following House bills: HB 97,
248, 256, 293, 384, 409, 454, 501, 536, 581, 613, 700, 760, 789, 809, 905, 912,
944, 991, 1089, 1229, 1269, 1273, 1277, 1348, 1359, 1376

The House of Delegates has agreed to the following House joint
resolutions: HJ 1, 7, 244, 246, 247, 248, 249, 250, 251, 252, 253, 254, 255,
257, 258, 259, 260, 261, 262, 263, 264, 265, 266, 267, 269, 270, 271, 272, 273,
274, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 285

The House of Delegates has passed the following Senate bills: SB 1,
252, 284, 292, 307, 344, 356

The House of Delegates has agreed to the following Senate joint
resolutions: SJ 90, 91, 92, 125, 131, 132, 133, 134, 135, 136, 137, 138, 139,
141

House bills and joint resolutions referred, and joint resolutions
laid on Clerks Desk: see February 16 Senate Calendar

CALENDAR

REGULAR CALENDAR

HOUSE BILLS ON THIRD READING

HB 254 - Passed Senate (21-Y 18-N)

Transcript

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

[Unknown]
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 our special guest, from first baptist church. Reverend tore, thank you so much for being here. Go good morning. Let us pray. Heavy venicely father thank you for the blessings are this day. We give glory and honor to your holy name. Thank you to the men and women of this general assembly. I pray for your wisdom and guidance as we address the issues of the commonwealth. I pray your grace and mercy will rest upon all assembled. May the work be pleased and in your sight in your holy name I pray, 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 Friday, February 12, 2015.
Bill Howell
The Senator from Franklin, Senator Stanley 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.
Bill Stanley
Ayes 29, nos 6.
[Unknown]
Ayes 29, nos 6. The reading of the journal is waived. The clerk will report any communications from the House of delegates. The Senator from James city cou.
Bill Stanley
Mr. President, I respectfully move that we waive the reading any communications received from the House of delegates, sir.
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 32, nos 6.
[Unknown]
Ayes 32, nos 6. The reading of the communication is waived. The clerk will report any communications from the governor.
[Unknown]
We do not have any, sir.
[Unknown]
Thank you, madam clerk. The time has come to recognize visitors to the gallery. The Senator from eastern Fairfax County, Senator Surovell .
Scott Surovell
I rise for an introduction.
[Unknown]
The Senator has the floor.
Scott Surovell
Joining us in the gallery today are seven students from my district. They are part of a I am calling the polar institute. The polar institute is named for my predecessor in this seat. The concept comes from my predecessor and House of delegates, former House of Delegate chris amendsen who began bringing students to the Senate. We have six students, seven people. Three students from my alma matter, west potomac high school and three students from mountain view high school in Stafford County, Virginia. They are also joined in the gallery by their chapper one who is a u.S. Government teacher at u.S. Potomac high school. They have gpas from 3.5 to 4'1". National honor society members editors. And one even has $25,000 scholarship already for college. This is designed to get them haved in leadership and our government. A great program to get them interested in our government and I would ask if you would give them a warm Senate welcome.
[Unknown]
Please rise. Welcome to the gallery and thanks for making the trip down in this snowy weather. It is great to be here in honor of Senator toddy fuller. She was a tremendous leader. We congratulate you on your accomplishments and wish you the best in your academic endeavors. I would ask the members of the Senate to join me in welcoming the members of the institute the warm welcome of the Senate. [applause] the sena tor from James city county, Senator Norment .
[Unknown]
Thank you, Mr. President. I rise for an introduction.
[Unknown]
The Senator has the floor.
[Unknown]
Ladies and gentlemen of the Senate, those that had the privilege of being here in 2005 and 2006 and 2007 had the fortune to listen to me drone on repeatedly about the 2007 commemoration and the founding of america. In 2013, House joint resolution 754 designate the the jamestown yorktown foundation as the lead executive branch in developing a 400th anniversary plans for another commemoration that historically will note a number of things. The first legislative assembly that convened in this hemisphere on July 30 on jamestown island in the church. The arrival of the first africans in north america, the observance of the first thanksgiving and in spite of a better marketing plan by the pilgrims. And the expanding of impact of women in the Virginia colony. The 2019 commemoration is under way and is going to emphasize all of these commemorations as well as the ideals of democracy and diversity in our society. In the gallery this morning are a number of individuals who have been very instrumental in planning and working on this commemoration. The honorable ben dende how many of us know, the chairman of the jamestown yorktown foundation. On it also along is frank atkinson, paul kuntz and george keith Martin all of the jamestown yorktown foundation along with the executive director phil emmer son. If you would extend a warm welcome to the group that is going to make another significant imprint on recalling the wonderful history of the commonwealth of Virginia and how we have been leaders in democracy.
[Unknown]
Would members please rise. Welcome to the gallery this morning and thanks for all of the great work that you all do to promote the history of jamestown and yorktown and we have exciting times coming to us in the near future. Good to see you here this morning. I would ask the members the Senate to join me in welcoming members from the jamestown and yorktown foundation the warm welcome of the Senate. [applause]
[Unknown]
The Senator from Portsmouth, Senator Lucas .
Louise Lucas
Thank you, Mr. President. Each year as you all know there is a group of lady decked out in crimson and cream some call it red and white to have the annual day at the capitol. Well, that meeting was canceled the week of January 21 because of the snow. So it was rescheduled and they were supposed to have their day at the capitol today. It was canceled again because of the snow. Nonetheless, three very courageous deltas have made the trek down to the capitol two came from Danville, mary williamson and jerelle towns and joining them is the wife of our minister this morning. I would appreciate if you would extend to them the warm greetings of the Senate .
[Unknown]
Would members from the delta sigma thetasorority please rise. Good to see you here in the red. There was a number of other folks in the Hall way, too. We appreciate you putting up with the inclement weather. Always wonderful to see you and it was a pleasure to have your husband on the floor of the Senate to get us off on the right foot this morn. Again, I visited your church and what a beautiful church. And thank you for all of the lives that you all have touched over the years. I would ask the members of the Senate to please join me in offering members from delta sigma theta the warm welcome of the Senate. [applause]
Louise Lucas
The senior Senator from Loudoun, Senator Black .
Dick Black
Thank you, Mr. President. I rise to introduce a young jack Vogel who is present here. Jack is 10 years old. He is a fourth grader at hill school. He is having a snow day today and being a young swash buckling adventurer who loves to ski and loves equestrian sports and sometimes is somewhat at odds with the powers be at school, he is with us today. We are pleased to have you here, jack. We would like to offer him the warm welcome of the Virginia Senate .
[Unknown]
Thank you, Senator. Jack, it is always great to see you and I understand y'all made the trek down from up in Fauquier County this morn. And I 'm glad you were there to navigate for your momma to help you all get here on time. Thanks for being here today and I hope you have a good day out of school and it is always good seeing you. I would ask the members the Senate to please join me in offering Mr. Jack Vogel the warm welcome of the Senate .
Dick Black
There May be some other [applause] guests in the gallery that haven't been recognized but we certainly welcome you today as well and hope you all have an enjoyable day here in Mr. Jefferson's capital. Any other business to come before the Senate for morning hour? Seeing none, the clerk will please call the calendar.
[Unknown]
Senate calendar for Monday, February 15, 2016. Regular calendar. House bill 4. A bill to provide for the submission to the voters of proposed amendment to the constitution of Virginia adding to article 1 section 11-a relating to the right to work. Reported from committee on privileges and elections.
[Unknown]
The Senator from Fauquier, Senator Vogel .
Jill Holtzman Vogel
Mr. President.
[Unknown]
House bill 4 will go bye temporarily. Manufacture
Jill Holtzman Vogel
House bill 254, a bill to relating to technical adjustments of certain House of delegates district boundaries. Reported from committee on privileges and elections.
[Unknown]
The Senator from Fauquier, Senator Vogel .
Jill Holtzman Vogel
Thank you, Mr. President. I move the bill pass and speaking to the bill.
[Unknown]
The Senator has the floor.
Jill Holtzman Vogel
Mr. President, this bill was brought at the request of the local registrar and it was making technical adjustments to a split precinct and I would move the bill pass.
[Unknown]
Thank you, Senator .
[Unknown]
The question is shall House bill 254 pass. All in favor of the motion wills aye, those are the senators ready to vote? Opposed no. Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 21, nos 18.
[Unknown]
Ayes 21, nos 18. The bill passes.
[Unknown]
Uncontested calendar Senate bill on third reading.
[Unknown]
Senate bill 58 relating to Virginia redevelopment and research tax credit.
[Unknown]
Senator d'agosto.
[Unknown]
I ask that temporarily --
[Unknown]
Mr. President, I move the bill pass and speaking to the motion.
[Unknown]
The Senator has the floor.
[Unknown]
This bill deals with research and development tax credits. It does a number of things. There is an existing tax credit and this increases the number of the cap on the tax credit and then it develops a large tax credit as well and it sets out the procedure for how that would be calculated but a company has to be investing $5 million for three careers in research and development in Virginia to be eligible for the newly create the tax credit and with that explanation, Mr. President, I move the bill pass.
Bill Howell
The question is shall Senate bill 58 pass. All in favor of the motion wille s aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Ange do any senators desire to ch their vote? The clerk will close the roll.
[Unknown]
Ayes 38, nos 0.
[Unknown]
Ayes 38, nos 0. The bill passs.
[Unknown]
Having vote the on the prevailing side of House bill 54 I ask that we reconsider the vote.
[Unknown]
Mr. President,.
[Unknown]
The request he is shall --
[Unknown]
The question is shall the
Bill Howell
Sorry. Vote by which House bill 254 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 their vote? Ange the clerk will close the roll.
[Unknown]
Ayes 39, nos 0.
[Unknown]
Ayes 39, nos 0. The motion agreed to. The Senator from Fauquier .
[Unknown]
Mr. President,.
[Unknown]
The Senator from Buckingham .
[Unknown]
Could that bill go by temporarily.
[Unknown]
With that objection, House bill 254 will go bye temporarily.
[Unknown]
Regular calendar. Senate bills on third reading. Senate bill 197, a bill relating to the interstate 73 corridor development fund and program. J. The nor from Franklin, Senator Stanley .
[Unknown]
Thank you, Mr. President. Can Senate bill 197 go by temporarily.
[Unknown]
With that objection, Senate bill 197 will go bye temporarily.
[Unknown]
Thank you, sir.
[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 the bill go bye temporarily, please.
[Unknown]
With that objection, Senate bill 588 will go bye temporarily.
David Suetterlein
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.
[Unknown]
The Senator from Rockingham, Senator Obenshain. My apologies.
Mark Obenshain
Mr. President, I move that the bill pass and speaking to the bill.
[Unknown]
The Senator has the floor.
Mark Obenshain
Mr. President and members the Senate this is a section 1 bill limit to the the city of Harrisonburg. The city of Harrisonburg adopt the an ordinance that would require owners of any apartment building to relandscape and move mulch back away from apartment build buildings and some of them are having to retroifity to the extent of $80,000 to $100,000. It was one adopted without any advance notice or discussion. It was adopted even though the state fire prevention code doesn't require it. And harris sonburg is the only city or locality in Virginia with this. On Friday, we adopted an amendment to this that stripped out a provision that had given some members a little bit of heartburn in committee that still left open the door that in the future the state fire prevention code could be amended in a manner that would in the future require owners of apartment buildings to retrofit their apartment buildings at that kind of expense. It does not do that any longer. It simply is relate to the the city of Harrisonburg and says that and provides that you can't adopt this kind of restrict, after a certificate of occupancy has been issued for a piece of property.
[Unknown]
Thank you, Senator. The question is shall Senate bill 736 pass. All in favor of the motion wills aye, those opposed no. Are the senators ready to vote? Do any senators desire to ch have all the senators voted? 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 552, a bill relating to the Virginia freedom of information act; mandatory disclosure of public employee position and salary information; exceptions.
[Unknown]
The Senator from Chesapeake, Senator Cosgrove .
John Cosgrove
I would ask that bill go by temporarily.
[Unknown]
With that objection, Senate bill 552 will go bye temporarily.
John Cosgrove
Senate bill 44, a bill relating to coal tax credits.
[Unknown]
Can that bill go bill temporarily.
[Unknown]
Senate bill 44 will go by temporarily.
[Unknown]
Senate bill 542, a bill relating to sewer authorities; liens for delinquent charges.
[Unknown]
I move that the bill pass and speaking to the floor.
[Unknown]
The Senator has the floor.
[Unknown]
This is the most momentous bill and deals with sewer liens and Mr. President, as I mentioned on Friday this bill really helps some of the smaller localities that have sewer only service and don't have the option of cutting off the water. They would have to cut off the sewer which comes with certain inherent problems that render it undesirable for sewer service to be cut off. This bill basically allows localities or the authorities to claim a lien for sewer charges. It protects landlords. It preserves the status quo that was adopted as policy a number of years ago that limits the lien for landlords to three months. It does not alter that in any way, shape or form. So if a landlord has a piece of property and his tenant doesn't pay his sewer charges in some of these small localities the landlord even if the authority doesn't cut off the sewer service for the entire year or two years of the tenancy, the sewer authority only has a three month lien. But if it is an owner of the property they get a lien for however long the unpaid bill remains unpaid. So with that, I move that this momentous bill pass.
Bill Howell
Thank you, Senator. The question is shall Senate bill 542 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 2.
[Unknown]
Ayes 37, nos 2. The billpasses. The Senator from j ames city county, Senator Norment. Relating to fees for concealed handgun permits. >> The Senator from Russell County, Senator Chafin .
Tommy Norment
Apologies. The Senator from Chesterfield County, Senator Chase .
Amanda Chase
Thank you, Mr. President. I would like to ask for that bill to go bye temporarily, please.
Tommy Norment
Thank you, Senator. With that objection, Senate bill 677 will go bye temporarily. The Senator from James city cou.
Amanda Chase
Thank you very much. Mr. President. Having vote the on the prevailing side by which Senate bill 58 on Page 2 passed 38-0, I would ask we reconsider that vote, please, sir.
[Unknown]
The question is shall the vote by which Senate bill 58 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 is agreed to. The Senator from Hanover ?
[Unknown]
Mr. President, having previously been explained I move the bill pass.
Bill Howell
The question is shall Senate bill 58 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 39, nos 0.
[Unknown]
Ayes 39, nos 0. The bill passes. Uncontested calendar House bills on second reading.
[Unknown]
The Senator from James city county, Senator Norment .
Tommy Norment
Thank you, Mr. President. I move that all of the House bills on the second reading on the uncontested calendar which includes House bills on pages 6-10 including House bill 143 through House bill 1267 that the rules of the Senate be suspended and that the constitutional reading of the titles be dispensed with.
Bill Howell
Thank you, Senator. The question is shall the rules be suspended and the second reading of the titles of House bills on the uncontested calendar pages 6-10 House bill 143 through House bill 1267 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 the clerk will close the roll. Their vote?
Tommy Norment
Ayes 39, nos 0.
[Unknown]
Ayes 39, nos 0. The reading of the titles is dispensed with. The Senator from James city cou.
[Unknown]
Mr. President I now move that all the House bills be passed bye for the day, sir.
[Unknown]
The question is shall the House bills on the uncontested calendar now on third reading go bye for the day. All in favor say aye. Those opposed, no. The ayes have it. The bills will go bye for the day.
[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 10-16 including Senate bill 60 through Senate bill 780 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 the bill.
[Unknown]
Thank you, Senator. The question is shall all Senate bills on second reading on the uncontested calendar on pages 10-16 Senate bill 60 through Senate bill 780 be engrossed and advanced to the third reading. After the adoption of the amendments thereto. Any Senator desiring to remove a bill from the block do so after the clerk has red the number of the bill. Those opposed, no. All in favor say aye. The ayes have it. The motion is agreed to.
[Unknown]
Senate bill 60, reported from the committee on finance with substitute.
[Unknown]
Senate bill 468, reported from the committee on local government with substitute. Three floor amendments.
[Unknown]
The senior Senator from Virginia beach. Senator Wagner .
Frank Wagner
I move we 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 amendment are waived. The senior Senator .
Frank Wagner
I move that we take them up in a block and explain the floor amendments.
[Unknown]
The Senator has the floor.
[Unknown]
What Senate bill 468 deals with encouraging public private cooperation between localities and the provision that makes it clear that railroad tracks that have pervious surface cannot be subject to a storm water fee for the pervious beds. It might have been interpreted as too broad to include buildings and everything else the railroad own. It makes it clear focusing onlyon the per shous beds. With that explanation I would ask that the floor amendments be agreed to.
[Unknown]
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]
Mr. President, I now move that the bill be engrossed and advanced to the third reading.
[Unknown]
We will do that at another step. You are finished.
[Unknown]
Oh.
[Unknown]
Senate bill 277, reported from committee on transportation.
[Unknown]
Senate bill 458, reported from the committee on education and health with substitute.
[Unknown]
Senate bill 478, reporte
[Unknown]
The senior Senator from Henrico, Senator McEachin .
Don McEachin
Mr. President, can that be removed from the block.
[Unknown]
Can I adopt the committee substitute first.
Don McEachin
I think so.
[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.
[Unknown]
Senate bill 478, reported from the committee for courts of justice with substitute.
[Unknown]
The Senator from Rockingham, Senator Obenshain .
Mark Obenshain
Mr. President, I move that the substitute be agreed to. 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.
[Unknown]
I ask that Senate bill 478 be removed from the block.
Mark Obenshain
You want to vote on it separately, Senator ?
[Unknown]
Yes.
[Unknown]
We will come through and then come back and remove those that you would like to.
[Unknown]
Thank you.
[Unknown]
Senate bill 510, reported from the committee for courts of justice with substitute.
[Unknown]
The Senator from Richmond city, Senator Sturtevant .
Glen Sturtevant
I move that the committee substitute be agreed to.
[Unknown]
The question is shall the substitute be agreed to. All in favor say aye. Those opposed, no. The ayes have it. The committee substitute is agreed to.
Glen Sturtevant
Senate bill 543, reported from the committee for courts of justice.
[Unknown]
Senate bill 553, reported from the committee on education and health with amendments.
[Unknown]
The Senator from Chesapeake, Senator Cosgrove .
John Cosgrove
Thank you, Mr. President. I move that the committee as be agreed to. Those opposed, no. All in favor say aye. The ayes have it. The committee amendments are agreed to.
[Unknown]
Senate bill 576, reported from the committee on education and health with substitute.
John Cosgrove
The Senator from Mecklenburg, Senator Ruff .
Frank Ruff
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 ayesester it. The substitute is agreed to. The Senator from Mecklenburg .
Frank Ruff
I move 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 Mecklenburg ?
[Unknown]
Mr. President, the amendments are purely technical and I would move that they be passed.
[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 587, reported from committee on education and health. Reported from committee for courts of justice with substitute.
[Unknown]
The Senator from Richmond city, Senator Sturtevant .
Glen Sturtevant
Mr. President, I move that the committee substitute be agreed to.
[Unknown]
The request he 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.
Glen Sturtevant
Senate bill 590, reported from committee for courts of justice.
[Unknown]
Senate bill 710, reported from committee on transportation with amendment.
[Unknown]
The Senator from Alexandria, Senator Ebbin .
Adam Ebbin
I move the committee amendment.
[Unknown]
The question is shall the committee amendment be agreed to. Nos the ayes have it. The committee amendment is agreed to.
Adam Ebbin
Senate bill 719 reported from the committee on transportation.
[Unknown]
Senate bill 760, reported from the committee for courts of justice with substitute.
[Unknown]
The senior Senator from Henrico, Senator McEachin .
Don McEachin
Mr. President, I move the committee substitute.
[Unknown]
The is question is shall the can committee substitute be agreed to. All in favor say aye. Those opposed, no. The ayes have it. The committee substitute is agreed to.
Don McEachin
Senate bill 776, reported from the committee on education and health.
[Unknown]
Senate bill 780, reported and health. From the committee on education
[Unknown]
Thank you, madam clerk. The question is shall the Senate bills be engrossed and advanced to the third reading. 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 cou.
[Unknown]
Mr. President, with the exception of Senate bill 458 on Page 11 and.
[Unknown]
Bill: Senate bill 478 on Page 12 I would move that the rules of the Senate be suspended and that the third -- hold that just -- let me pause just a minute, please. [no audio]
[Unknown]
The Senate will come to order. The Senator from James city cout or Norment .
[Unknown]
Thank you very much,. Mr. President I would respectfully move that all of the Senate bills which find themselves on the third reading on pages 10-16 which include Senate bill 60 through Senate bill 780 that the rules of the Senate be suspended and that the third constitutional reading of the titles be dispensed with. Thank you, Senator. The question is shall the rules be suspended and third reading be dispensed with. Are 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 39, nos 0
[Unknown]
The reading of the titles is dispensed with. The bills are now before the Senate on final pass allege. The Senator from James city county
[Unknown]
Mr. President, I would move that Senate bill 458 on Page 11 be removed from the block. I am about to make and Senate bill 3478 on Page 12 be removed from the block. All of the remaining Senate bills that find themselves on the third reading on pages 150-16 I would move -- 10-16 I would move that they be placed on the final reading. Any Senator mo dustiers to do so do so after the clerk has read the number of the bill
[Unknown]
Thank you, Senator .
[Unknown]
The request he is shall the Senate bills on the uncontested calendar third reading pages 10 -- Mr. President,
[Unknown]
The Senator from Fairfax city, Senator Petersen. [no audio]
Chap Petersen
The question is shall the Senate bills on uncontested calendar Senate bill 60 through 780 with the exception of 60, 458 and 478 be placed upon their final pass and in the block with the understanding that any Senator desiring a little be we moved from the block would 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 is agreed to. The bills are before us in the block. The clerk will please read the number the of the bills.
[Unknown]
Senate bill 468. Senate bill 277. Senate bill 510. Senate bill 543. Senate bill 553. Senate bill 576. Senate bill 587. Senate bill 590. Senate bill 710. Senate bill 719. Senate bill 760. Senate bill 776. Senate bill 780.
Chap Petersen
Thank you, madam clerk. The question is shall the bills in the block pass? That is, all bills except for 60, 458 and 478? 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 39, ayes 0.
[Unknown]
Ayes 39, nos 0. The bills in the block pass. Returning to Page 10. Senate bill 60. The Senator from Augusta, Senator Hanger .
Emmett Hanger
Mr. President, I move that Senate bill 60 pass and I would like to speak to that.
[Unknown]
The Senator has the floor.
Emmett Hanger
Thank you, Mr. President and members of the Senate. Senate bill 60 is a bill dealing which would authorize a bond one and a half billion potentially as a part of the I -66 agreement for improving I -66 both outside and inside the beltway. This particular bill is being put in place to allow or secretary of transportation to be able to negotiate potentially a p 3 if he can successfully negotiate a p 3 this bond May not be necessary. It is hopeful that this will be taken care of through a private initiative but this particular bill authorizing this bond will give our secretary of transportation and his board leverage in negotiating that bill. It is a part of the overall agreement in that there was resistance in fact there are some budget amendments pending in this body with -- that express concerns primarily because there had been prior to an agreement that was reached last week no provisions for an expansion or facilitating improvements inside the beltway. As a part of that, as a part of this agreement there is now a provision for not within this bill, this bill stands separate but it is a part of the package an agreement that would facilitate a four mile widening on the eastbound lanes of interstate 66 inside the beltway paid for with cash available within the transportation trust fund. It would go from the dulles connector to boston, I believe inside the beltway. It would be -- it would be tolled, and it would be what they call dynamic tolling eastbound only no tolls on the westbound lanes. Also envisioned in that, about $147 million package that has been agreed to would be some additional improvements in mass transit that would facilitate movement in and out of d.C. In a much more logical sequence. Those who live up there, and I would say, Mr. President, I don't live up there, but a good part of my family has moved up there, a couple of the kids and six grand children so I 'm up there frequently so I think I have some interest in not having to sit on interstate 66 traffic when I go up there and for my kids to be able to come from their jobs in d.C. Home and get home before 8:00 or 9:00 in the evening. So I have a vested interest in the outcome here. I think there are concerns that perhaps we need to address with this and I would be glad to yield to questions if there is any one that has a question about this particular bill. Thank you, Mr. President.
[Unknown]
Thank you, Senator. The Senator from.
[Unknown]
Inquiry.
[Unknown]
Yes.
[Unknown]
It says on second reading. I was curious on second reading or third reading.
[Unknown]
On third reading.
[Unknown]
The calendar says second. All right.
[Unknown]
The Senator Fairfax. Would the Senator from Augusta yield for a question. He yields, Senator .
[Unknown]
I would be pleased to yield.
[Unknown]
I ask the gentleman on and I don't have the numbered copy but it talks about the right of the commonwealth transportation board to fix, revise and collect toll and other charges with connection with the use of the new highway or highway improvements. Anything in the legislation that limits the tolls or speaks to the proceeds in the tolls?
[Unknown]
The Senator from Augusta .
[Unknown]
I would say to the gentleman from Fairfax city there is nothing within this particular nor rising bill that speaks to that -- authorizing bill that speaks to that. A part of the understanding and perhaps I know for a fact we do need to facilitate the package with additional language in the budget but does speak to the fact that those people who are using the highway chv 2 currently would not be subject to the tolls. When this is fully implemented, in 2020, I believe it would require hov 3. But that is a part of a previous agreement.
[Unknown]
Okay.
[Unknown]
The Senator from Fairfax city.
[Unknown]
Thank you, Mr. President. Speak to the bill.
[Unknown]
The Senator has the floor.
[Unknown]
Mr. President and ladies and gentlemen of the Senate I won't belabor this because hopefully there is no pongs. Opposition.There are some unaddd issues for I -66 outside the four corners of this bill. The gentleman from Augusta spoke to one, the widening inside the beltway which the governor has agreed to do that and I believe that will be part of the budget bill reported out and that is extremely critical for my area,.
[Unknown]
The second part we have not come to grips with is how do we limit the tolls and ensure that the proceeds from the tolls are dedicated to paying off the bonds and are not used for purposes unrelated to I -66 whether that is a transit system on I -66 or the construction of the lanes themselves. I do know we will have legislation moving over from the other body. That is the one open issue here that I beg that you keep your eyes focused on. I thank the gentleman of Augusta for carrying this bill. Thank you.
[Unknown]
The Senator from Spotsylvania, Senator Reeves .
Bryce Reeves
Will the Senator from Augusta rise for a question.
[Unknown]
The Senator from Augusta yield for a question for.
Bryce Reeves
He yields.
[Unknown]
Can he in basically explain the enactment kickout clauses. I am having a hard time following what is what. Put that in lay men terms Mr .
[Unknown]
The Senator from Augusta. President,.
[Unknown]
The enactment clause is this legislation was shared with treasury in order to have the appropriate technical language for the procurement process and what -- and what it basically requires is based on current statute that it clarifies the issuing of the bond if necessary and also makes it subject to the hov 3 requirements at later time.
[Unknown]
I thank the gentleman.
[Unknown]
Thank you, Senator. The senior Senator from Loudoun, Senator Black .
Dick Black
Thank you, Mr. President. Speaking to the measure.
[Unknown]
The Senator has the floor.
Dick Black
Ladies and gentlemen, I intend to vote no to the measure and the reason is that during the recent campaign there were a good number of us in northern Virginia who spoke out forcefully during our see campaigns against placing tolls on I -66 and I was one of them and I intend to maintain that position. One of the things that frustrates moo me -- me a bit and goes back to the administration of governor mcdonald when we passed the largest tax increase in Virginia history and in the Hampton roads and in northern Virginia we actually had two layers of taxation so that we would provide abundant resources for -- for construction of transportation. Here we are a couple of years later and we are finding it necessary to impose tolls to bring in additional revenue. I recall the discussion back when we were -- when we were discussing the mcdonald tax increases and we were talking about revenues that would last for generations. And generations were very, very short. They haven't lasted very long. So for that reason I intend to vote against the bill.
[Unknown]
Thank you, Senator. The senior Senator from Fairfax, Senator Saslaw .
Dick Saslaw
Mr. President, just a couple of things to clear up to begin with. There has been plenty of tax increases passed since I have been here and each one is always the largest one in history. Let me tell you the one that we passed in 2013 was the smallest one in history. Not the largest. The smallest. That is unwith of the reasons why we didn't solve all of the problems. And the tax increase that we passed in 2013 was largely to clear up a lot of the backlog in maintenance. I got a road that anondale road that handles as much traffic as some interstates beginning to look like roads that wagon trains rode on and finally that got paved. First off, the misinformation that got passed out during the last campaign was like nothing I have ever seen. And there were some people that actually fell for that. Just a couple of points. If you -- first off, if you are using three lanes now they are not going away. You can keep using the free lanes. With he they build the hot lanes outside the beltway they will be additional lanes that you can stay in that bumper to bumper traffic as long as you want. If you want to get out of it take the hot lane is. Inside the beltway. If you are currently not paying -- if you use hov 2 now, if you are using that during Rush hour, nothing is changed. That means you have one additional person in your car. You won't pay any toll. Let me pete that. You won't pay any toll. As far as the hov 3 is concerned that was part of a 2009 agreement. To deal with environmental problems that we had passed by the federal government pack in 2004. I will tell you what changes. If a single person inside the beltway, or in the indication of the hot lanes later on outside wants to use the high occupancy lanes during Rush hour, they will be able to do just that. And I don't have to tell you how many people, you know, when it gets near 9:00, you know, and maybe they only need to go to route 7, they say can I make it, can I make it, you know, without the cops catching me. I have done that once or twice. But let me tell you this: you don't have to worry anymore, you will have the e. Z. Pass, and won't go that far, since the whole route would be about six bucks, that would cost you about $2. But let me tell you this, you get caught, $100. Second time I think it's 250. And then the third time it's a thousand bucks. Believe you me, $2 is a deal. So anyway, there's no reason okay? To vote against this bill. Free lanes will still be free. If anybody wants to sit in bumper to bumper, be my guest. But that has nothing to do with this.
[Unknown]
Thank you, Senator. The Senator from Augusta, Senator Hanger .
Emmett Hanger
Thank you, Mr. President. Just to summarize, this particular piece of legislation standing by itself is meant to give our secretary of transportation and the board some leverage in negotiating hopefully a public-private partnership. No tax increase embedded in that. The tax increase that -- to prop up the floor was in the senior Senator from Virginia beach's bill last week. This would authorize tolls as a part of the whole package, and I think the senior center from Fairfax -- Senator from Fairfax described it adequately in that if you still can ride free, there will be variable tolls and you have the ability with the total package agreement, you would have the ability to go inside the beltway on 66 during Rush hours and pay a toll, otherwise you loop around 495 and do your best to figure out a way to get into town. I would again move the bill pass.
[Unknown]
Thank you, Senator. The senior Senator from Loudoun, Senator Black .
Dick Black
Thank you, Mr. President. Just to add one more point, the amount of bonds that are authorized by this are, you know, we are talking about $1.5 billion in bonds. My recollection, and I stand to be corrected, I May be off on this figure, but the widening of the four-mile stretch inside the beltway as I recall was at a cost of $122 million. I see some nods over there. 122 million dollars, why are we issuing bonds to the extent of $1.5 billion? I don't get that. That doesn't compute. If we need $122 million, now, you know, I oppose the whole toll lane thing, but if we need $122 million, why do we go for 1.5 billion? That's just -- that confuses me.
[Unknown]
Senator from August ugg at that.
Dick Black
Thank you, Mr. President. Just to address that question, it May have been rhetorical, but the hundred and twenty some million, it is a limited project that's being proposed inside the beltway to be paid with cash, which would be in the range of about 120 some million. In addition, 20 million proposed for improvements in mass transit which will facilitate movement. The $1.5 billion is for a major, major project outside the beltway from 495 westward. Thank you, Mr. President.
Bill Howell
Thank you, Senator. The question is, shall Senate bill 60 pass. All in favor of the motion record their votes aye. Those opposed no. Vote? Have all the senators voted? Do any of the senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 27, no's 11.
[Unknown]
Ayes 27, no's 11. The bill passes. Moving forward to Page 11. Senate bill 458, the senior Senator from Henrico, Senator McEachin .
Don McEachin
Mr. President, I move the bill pass. Speaking to the bill.
[Unknown]
Senator has the floor.
Don McEachin
Mr. President, this bill finds its genesis at a problem many of our local its have, that is with suspensions. It is easy to understand if a child has been suspended out of school or expelled, but this bill deals with suspensions, they don't learn if they don't learn, they don't contribute to a good school environment, ultimately they don't turn into productive citizens. This bill gone through a number of amendments. Thanks to the help of members of the educational and health community is now in a form that attempts to begin to address the problem of suspensions. In many of our localities, the suspensions are -- when you look at the data, which you will find is more african-american children, and children of special ed needs are suspended at a higher rate, while overall suspensions in some counties have come down, those numbers tend to stay a little bit higher than what they ought to be. So for that, with that, Mr. President, I move, renew my motion that the bill pass.
[Unknown]
Thank you. Junior Senator from Virginia beach, Senator DeSteph .
Bill DeSteph
Mr. President, speaking to the bill.
[Unknown]
Senator has the floor.
Bill DeSteph
Why I think it's a good idea that we put alternatives in there, I don't think that this body should be telling a school board what they should or shouldn't be doing when they have the option of doing it already. I have talked to the senior Senator, and already spoke to him and said that this is something that I believe could be done with a letter directing it to the school board and just saying explore alternatives. Thank you very much.
Bill Howell
Thank you, Senator. The question is, shall Senate bill 458 pass. All in favor of the motion record their votes aye. Those opposed no. Are the senators ready to vote? Vet have all the senators voted? Do any of the senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 31; no's 9.
[Unknown]
Ayes 31, no's 9, the bill passes. Turning forward to Page 12, Senate bill 478, the Senator from Rockingham, Senator Obenshain .
Mark Obenshain
Mr. President, I move the bill pass. Speaking to it --
[Unknown]
Senator has the floor.
Mark Obenshain
Mr. President, ladies and gentlemen of the Senate, this is an eminent domain bill. It is a relatively simple one as they go. We right now allow local governments and vdot to condemn property, and when they make an offer, we really expect them to make a fair offer to people. But it turns out that they are not. And some people can afford to fight this, and some people can afford to hire a lawyer, hire experts, and they a lot of people, frankly, those who are least able to afford to help themselves, they are taking it. And they are losing money on property that, frankly, is probably worth more to them than anybody else on the face of the earth. Those are the poor people. Now, people who can afford to fight, who do fight, you know, what they are doing is, you know, vdot is making a bet that people aren't going to fight, and it is a low-risk bet, because they can always come back and increase their offer. And that's what they do. They wind up going to court, and some time before trial they make the fair offer, the one that is within 20% of what the property is actually worth. And as a result the property owner has gone to court, to trial, has incurred costs, all because vdot has not made a fair offer up front. And it is really kind of a bait and switch that has been taking place. And what this bill does is it simply says, look, if you are going to take property, you know, go ahead, but, you know, it is incumbent upon the government to make a fair offer. To make a fair offer to the property owner. If they are going to take their property. So the award of those costs is going to be tied under this bill to the initial offer that's made by vdot. Now, understand this is not a typical negotiation. I mean, they are taking our property, and as a result this provides that meaningful remedy to those property owners, and moreover, we have actually increased the amount, or the variance from 20 to 25%, so under the original bill it was 30% -- excuse me, under the existing law, it had -- the variance had to be 30%. The bill now is 25%. So with that, Mr. President, I would move that this bill pass. The Senator from Arlington ,
[Unknown]
Thank you, Senator. Senator Favola .
[Unknown]
Thank you, Mr. President. Speaking to the motion.
[Unknown]
Senator has the floor.
[Unknown]
The Senator from Rockingham gave a very comprehensive explanation of this bill, but there is one piece of the bill that causes me some anxiety, and that is for properties that May be valued at 10,000 or less, vdot had an exception to -- under the current law so they didn't have to pay for the costs, but this bill removes that exception. And what happens is we have a lot of projects where vdot, or local government just needs an additional strip of land here, or an additional strip of land there, or perhaps a sidewalk easement. Just to complete a project that, let me remind you, has gone through an enormous public comment process, where neighbors have agreed, where all of you have been involved in these public hearings, where we are trying to gain consensus on transportation projects or infrastructure about projects that have had projects, so we are talking hundreds of public hearings and folks really want it, and what this bill does, in my opinion, and I think in the opinion of vdot, is it's going to encourage lawsuits. I mean, right now, vdot does offer the best Price according to assessments. They go out, they hire independent assessors, they assess the property, but, you know, now that they don't have the exception, it's going to encourage people to take vdot to court with the hopes that the court would determine, gee, vdot was off, and the value is really 25% higher, and then of course we'll have to pay those costs. Let me just remind you, I know we all think governments have deep pockets, but the fact is, it's taxpayers who are paying those dollars, and vdot is dipping into its appropriation that we give them to pay these costs, and they are going to have more to pay as a result of this bill. So I am sympathetic with where the Senator from Rockingham is heading, but I would suggest perhaps a better approach to this problem would have been maybe laying out the factors that vdot needs to consider and making the first offer rather than removing in -- this exception. The last thing I would just note, in committee, dominion and the railroads were removed from this exception. So just so you know that. Thank you, Mr. President. And I ask that the ladies and gentlemen of the Senate vote against this bill.
[Unknown]
Thank you, Senator. The Senator from Fairfax city, Senator Petersen .
Chap Petersen
Thank you, Mr. President. Rise to support the bill.
[Unknown]
The Senator has the floor.
Chap Petersen
Mr. President, ladies and gentlemen of the Senate, I have an objection to this bill that it doesn't go far enough. And I see the Senator from Harrisonburg nodding his Head. I have done these representations, and let me tell you something, folks, when a condemnation occurs, the condemning authority has all the cards. They have already selected the property, they have already valued the property, and they have free legal advice, okay? Free legal advice. They already have a county attorney, they already have the attorney general, they already have a team of attorneys that are trained in this type of work, and if you are the landowner and you suddenly get a petition tacked to your door saying you have lost the property because a certificate of take has been filed, and by the way, here's an appraisal which tells you what is a, quote, unquote, fair Price for that, and you can either accept it or fight it. And if you do fight it, you know what? You are going to have to go out and hire an attorney, because you don't get a free attorney. This is just a small bill that basically says vdot should give a fair appraisal on the front end, which will be binding to them. Now, notice it still won't reimburse the land owner for their legal fees. All it says is you can get your expert fees paid, which could be 3, 5, maybe $10,000, depending on if you go to trial. Now, my colleague from Arlington, who is very gifted in explaining her point of view, but I would tell her I represented some of her constituents this summer, and there was an initial offer for their property made for twenty grand. We took it to trial and got a jury verdict for $450,000. So that was apparently not a fair offer. And I had a team of sophisticated panelists, so the bottom line, litsen, I love -- listen, I love vdot, trying to save the taxpayer, I get it. That's not the -- what the constitution says should be the final determination. All this is is just a small piece for those landowners that can't afford to hire a big-time attorney, or a small-time attorney like me, but just slightly, slightly tilt the playing field back closer to 50/50, trust me, vdot still holds darn near all the cards. So do the local authorities. This will just tell them at the outset, you got to put in a fair appraisal or you May have to pay a small Price at the end. Thank you.
[Unknown]
Thank you, Senator. The Senator from Buckingham, Senator Garrett .
Tom Garrett
Speaking to the bill.
[Unknown]
Senator has the floor.
Tom Garrett
Mr. President, it is difficult, and I am going to associate myself with the comments from the Senator from Fairfax city, demonstrated a fine understanding of the constitution. It is amazing for me to think that istanding in a chamber of the Senate of Virginia and might need to explain the fifth amendment to the constitution of the united states, but I will. Everybody thinks that means that you have the right against self incrimination. It does. It also says in the fifth amendment the taking clause, which is important. It says nor shall private property be taken without just compensation. It's the constitution. We are members of the Virginia Senate. We should know it. The Senator from Fairfax city, there was a case where $20,000 was offered to a client of his, who later received $450,000. I shouldn't need to remind the members of this body, and I quote, an additional strip of land here, or an additional strip of land there, or quote maybe an easement for a sidewalk, is property owned by a private citizen being taken by the government. Which therefore is subject to the rule of the constitution, which says, nor shall property be taken without just compensation. I commend the Senator from Rockingham, and associate myself with the comments from the Senator from Fairfax city. This is our job. We serve the people. We protect their property. And we uphold the constitution. Let's pass this common sense bill.
Bill Howell
Thank you, Senator. The question is shall Senate bill 478 pass. All in favor of the motion will record their votes aye, opposed no. Vote? Have all the senators voted? Do any of the senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 37; no's 2.
[Unknown]
Ayes 37, no's 2, the bill
[Unknown]
Regular calendar, Senate bills on second reading. Senate bill 560, a bill relating to foreclosure advertisements posted at courthouse and on circuit court website. Reported from the committee for courts of justice with amendments. Passes.
[Unknown]
Senator from James James city county, Senator Norment. I ask the committee amendments be agreed to.
Tommy Norment
Question is, should the committee amendments be agreed to. All in favor say aye, opposed no. Amendments are agreed to. Senator from James city county.
[Unknown]
I would ask that the bill be engrossed and advanced.
Tommy Norment
Should the bill be engrossed and advanced. All in favor of the motion say aye. Opposed no. Ayes have it. Bill is engrossed and advanced to third reading. Senator from James city county. I am sorry, did you want to keep going or stop there?
[Unknown]
Not this one.
[Unknown]
Thank you.
[Unknown]
Senate bill 737. A bill relating to the pavement of public employees for time away from their benefit of labor union, labor official duties for the organization, or employee organization penalty. Reported from the committee on general laws and technology with a substitute.
[Unknown]
Senator from Rockingham, Senator Obenshain .
Mark Obenshain
Mr. President, I move the committee substitute be agreed to.
[Unknown]
Question is shall the committee substitute be agreed to. All in favor say aye. Opposed no. Ayes have it. Committee substitute is agreed to. The Senator from Rockingham .
Mark Obenshain
Mr. President, I ask that this bill be engrossed and advanced to third constitutional reading.
[Unknown]
Question is shall the bill be engrossed and advanced to its third constitutional reading. All in favor of the motion say aye. Opposed no. The ayes have it. The bill is engrossed and advanced to third reading.
[Unknown]
Senate bill 457. A bill relating to asset forfeiture.
[Unknown]
Senator from Grayson, Senator Carrico .
Bill Carrico
Thank you, Mr. President. I ask that --
[Unknown]
Mr. President? I think there is a floor amendment.
Bill Carrico
I have asked that we reject floor amendment.
[Unknown]
There is a floor substitute that needs to be waived.
[Unknown]
Mr. President?
[Unknown]
Senator from Fairfax city.
[Unknown]
I would move that we adopt the floor substitute. Can I make a substitute motion to -- first of all, move to waive reading of the floor substitute.
[Unknown]
Thank you, Senator. The question is, shall the reading of the floor substitute be waived. All in favor of the motion say aye. Opposed no. Ayes have it. The reading of the substitute is waived. The Senator from Fairfax city.
[Unknown]
Thank you, Mr. President. I move that we adopt the floor substitute and speak to the motion.
[Unknown]
Senator has the floor.
[Unknown]
Ladies and gentlemen of the Senate, I hope you pay attention, because I think this is a pretty critical let me explain, spending -- vote. Depending on your ideological perspective, this is a floor substitute that enjoys a simultaneous afford of the aclu and the family foundation, and let me explain to you why. I think it is an important issue. Asset forfeiture occurs when there is a criminal seizure and criminal arrest and criminal prosecution, but the asset forfeit tour which happens to the property seized during the arrest is a civil procedure. So it doesn't have all the same protections that we have in criminal procedures, such as the right to counsel, such as proof beyond a reasonable doubt. And as a result, what often happens, somebody will go to a criminal procedure, and they will acquitted or nolle prosed and they are not convicted, yet their property is still subject to forfeittour which means they will lose property even though they were not could be convicted of the underlying crime. This has been wide ranging problem reported by multiple media outlets. What is correct, and I am sure nigh colleague from -- my colleague from Grayson will point out, most of the abuses on the federal side. This is not federal law, obviously we control state law, but the bottom line is, we have an opportunity in Virginia to take a stand saying it is not right to take somebody's property when they have been acquitted of the understanding crime. So what -- underlying crime. What the floor substitute, it essentially adopts a bill passed in the courts and died in finance, but now on the floor again before you, which will essentially say if somebody is not convicted of a crime, then the property is presumptively returned to them. If you plead guilty to a lesser offense, or the second is if you fail to make a written demand for the property, such as you leave the jurisdiction or you just abandon the property, then the jurisdiction can hold the property, but, again, there is a strong presumption on the books that if you are acquitted of the underlying crime, you get the property back. The state police testified, and I believe the sheriffs testified that we don't have a problem in Virginia of civil forfeitures occurring when there is underlying acquittal. If that's the case, we should have no problem putting this principle into our code. Apparently it is not going to cost us any money. If we are taking property when people are getting acquittal, then maybe it would be a financial impact. I believe that the fiscal impact was indeterminant when it went to the finance committee. This is a policy choice, we have a chance to say as a commonwealth, we are going to presume that people who are acquit of crimes, or the equipment is nolle prosed have the opportunity to get their property back, and that is the presumption, and that is what nigh -- my floor substitute attempts to accomplish.
[Unknown]
Thank you. Senator from James city county, Senator Norment .
Tommy Norment
Mr. President, speaking to the bill. First of all, I would like to remind the Senator from Fairfax city that we all pay attention to every billen 0 the floor, and -- bill on the floor. And having paid attention to this floor substitute, I would ask that we reject it.
[Unknown]
Thank you, Senator. The Senator from gray sob -- Grayson, Senator Carrico .
Bill Carrico
Thank you, Mr. President. And I would ask that we reject the floor substitute and explain a little behind the idea. The gentleman from Fairfax is correct that a lot of these situations that occurred were from federal seizures, asset forfeitures, not from our current state code, which makes it a civil process, and it requires a preponderance of evidence which is a low bar in which the commonwealth has to prove that this was being used in the commission of a crime. And the reason the bill that I have without the substitute is to raise that bar, but if we go down the road in which the gentleman from Fairfax is proposing, we are going to as a commonwealth, be required to, if we seize -- if a large amount of money is seized, then who is going to account for the interest that is -- that has to be obtained if that money is given back? Who is going to account for the properties that are seized if that property is given back to give it back into the current working conditions. The cost to the commonwealth is going to be great, and also, it's going to require a lot of -- more funding that would not be accounted for in this legislation if it goes forward. So I hope it would be the pleasure of this body to reject the substitute and accept the bill in the nature that it's in, because I think with the fact that the federal government was the problem in this situation, it was not pointed out that the state seizures were, if we're raising that bar, we are putting it in the posture that any of these seizures are not going to be done in a way that we don't have proof that a crime is being committed.
[Unknown]
Thank you, Senator. The question is shall the floor substitute be agreed to. All in favor of the motion will say aye. Opposed no. The no's have it. Substitute is not agreed to. There being eight hands, there will be a recorded vote. All in favor of agreeing to the floor substitute will record their votes aye. Opposed no. Vote? Have all the senators voted? Do any of the senators desire to change their vote? The clerk will close the roll.
Bill Carrico
Ayes 16; no's 24.
[Unknown]
The substitute is not agreed to. The Senator from Grayson .
[Unknown]
Thank you, Mr. President. I ask that we support Senate bill 457 engrossed and advanced it to its third reading.
[Unknown]
Thank you, Senator. The question is should the bill be engrossed and advanced to third reading. All in favor of the motion say aye. Opposed no. Ayes have it. The bill is engrossed and advanced to third reading.
[Unknown]
Senate bill 9. A bill relating to civil immunity, companion animals left unattended in motor vehicles. Reported from the committee for courts of justice with a substitute.
[Unknown]
Senator from Norfolk, Senator Alexander .
Kenneth Alexander
Thank you, Mr. Chairman. I move the substitute.
[Unknown]
Thank you, Senator. The question is, shall the committee substitute be agreed to. All in favor of the motion say aye. Opposed no. The ayes have it. Substitute is agreed to. Senator from Norfolk .
Kenneth Alexander
Thank you, Mr. President. This bill clarifies that no law enforcement officer or first responder --
[Unknown]
Just gross and advance it.
[Unknown]
I move be engrossed and advanced to third reading.
[Unknown]
Should the bill be grodz and advanced. All in favor say aye, opposed no. The bill is engrossed and advanced to third reading.
[Unknown]
Senate bill 113. A bill relating to the membership and composition of the northern Virginia transportation authority. Reported from the committee on transportation.
[Unknown]
Senator from Fairfax city, Senator Petersen .
Chap Petersen
Thank you, Mr. President. I move the bill be engrossed and passed to third reading.
[Unknown]
Thank you, Senator. The question is, be the bill be engrossed and advanced to third reading. All in favor of the motion say aye. Opposed no. The ayes have it. The bill is engrossed and advanced to third reading.
Chap Petersen
Senate bill 178. A bill relating to concealed handgun permits, reciprocity with other states. Reported from the committee for courts of justice with a substitute.
[Unknown]
Senator from Buckingham, Senator Garrett .
Tom Garrett
Mr. President, I move the committee substitute be agreed to.
[Unknown]
Question is shall the committee substitute be agreed to. All in favor say aye. Opposed no. Ayes have it. Substitute agreed to. The Senator from Buckingham .
Tom Garrett
Mr. President, I move the bill be engrossed and advanced to third reading.
[Unknown]
The question is, be the bill be engrossed and advanced all in favor of the motion say to third reading. Aye. Opposed no. Ayes have it. Bill is engrossed and advanced to third reading.
[Unknown]
Senate bill 224, a bill relating to public schools, tobacco products, reported from the committee on education and health.
[Unknown]
Senator from Newport News, Senator Miller .
John Miller
Thank you, Mr. President. I move the bill be engrossed and advanced to third reading.
[Unknown]
The question is, shall the bill be advanced and engrossed to third reading. All in favor say aye. Opposed no. Ayes have it. Bill is engrossed and advanced to third reading.
John Miller
Senate bill 313. A bill relating to the Virginia college building authority, projects, participating institutions. Reported from the committee on education and health.
[Unknown]
The senior Senator from Henrico, Senator McEachin .
Don McEachin
Mr. President, move that we engross the bill and advance to third reading.
[Unknown]
Should the bill be engrossed and advanced to third reading. All in the reading of the floor amendment is waived. The Senator from Richmond city.
Don McEachin
Mr. President, I move the floor amendment be agreed to and speaking to that motion.
[Unknown]
Senator has the floor.
[Unknown]
Mr. President, ladies and gentlemen of the Senate, a little bit of background, this code section, 8.01, 223.2 as it presently stands pro viefdz immunity -- provides immunity to Virginia citizens when they speak in front of public bodies, like their board of supervisors or city council or school boards or the general assembly. Provides immunity under limited circumstances from being sued civilly in court for money damages. In courts of justice, we developed a committee substitute that provides that when someone has a Suit against them dismissed pursuant to the immunity provided by this code section, the judge dismissing that Suit May award attorneys fees to the prevailing party. The defendant who had been sued. This is similar to language that was developed in the House version of this bill. One of the issues that came up during the courts of justice committee meeting, it was our last meeting before crossover was how we can provide some protections to individuals who are sued for causes of action like defamation for statements that are not necessarily made before a public body, but that are made regarding matters of public concern. We heard testimony from a number of different people, many of whom are my constituents, who had been sued under various scenarios, one individual was sued because she had written a letter criticizing her child's school, that lirr -- letter was picked up by a weekly publication here in Richmond, and this private citizen, this mother, had to go out and hire a private attorney to defend her. That lawsuit was taken up to the Virginia supreme court, was thrown out at every stage, but not after having to spend a significant amount of money out of her pocket to defend herself. And we had others who came and testified who had dealt with similar issues. And so that's the long way of saying this floor amendment that I have submitted was something that I came up with in consultation with counsel to the courts committee, Mr. Benjamin, and the intent of the floor amendment is that when someone is sued for defamation based solely on statements made regarding matters of public concern, and that Suit is dismissed, that person May recover attorneys fees just like someone who has a Suit against them dismissed pursuant to the immunity provided by this code section. And with that explanation, Mr. President, I would move that the floor amendment be agreed to.
[Unknown]
Thank you, Senator. The Senator from eastern Fairfax County, Senator Surovell .
Scott Surovell
Gentleman yield for a question?
[Unknown]
Will the gentleman yield?
Scott Surovell
I yield.
[Unknown]
He yields.
[Unknown]
In my experience a lot of these types of defamation actions, if you are sued is covered by your insurance. Is the gentleman aware of that?
[Unknown]
Senator from Richmond city.
[Unknown]
Mr. President, yes, under some circumstances, a person's homeowners insurance policy will cover their defense, although I would submit that that's not in every single circumstance. Those who May not have homeowners insurance, or those who May not have this type of extensive coverage May not be covered.
[Unknown]
Further question?
[Unknown]
Mr. The gentleman yield for additional question?
[Unknown]
I yield.
[Unknown]
He yields, Senator .
[Unknown]
Is it the gentleman's intention that the insurance company be able to recover their attorneys fees for having to defend something that they have contracted and received premiums for insuring?
[Unknown]
Senator from Richmond city.
[Unknown]
The intent, Mr. President, is to disincentivize what I believe to be frivolous lawsuits made against citizens who speak out on matters of public concern. So this is is a limited way to help disinvent vise those types of lawsuits when citizens express their opinions on matters of public concern to protect them from having to pay great expense to defend themselves, whether it be for their homeowners' insurance policy or out of their own pocket.
[Unknown]
Further question, Mr. President.
[Unknown]
Gentleman yield for an additional question?
[Unknown]
Yes.
[Unknown]
He yields, Senator .
[Unknown]
Would the gentleman agree that if somebody has insurance that covers defamation and they are defended by an insurance company in one of these cases, the insurance company would be seb ssh subrow gated to recover these insurance fees. In other words, the insurance company would take this statute and sue the plaintiff and then get their insures costs covered -- insurance costs covered, even though they have contracted to provide that defense. Do you agree that's correct?
[Unknown]
If this passes?
[Unknown]
I would agree that would be the case under some circumstances. For those individuals who don't have this type of coverage, or who don't have homeowners insurance coverage, they would have to pay out of their own pocket, and without this, the passage of this floor amendment, those folks would be on the hook for all of that money.
[Unknown]
Thank you.
[Unknown]
The Senator from Rockingham, Senator Obenshain ?
Mark Obenshain
Mr. President, speaking to the floor amendment.
[Unknown]
Senator has the floor.
Mark Obenshain
Mr. President, members of the Senate, I am reluctant to rise to speak in opposition to this amendment, but this was in the bill that was originally considered by the courts of justice committee, and after a long discussion about its implications and potential unintended consequences, not limited to those mentioned by Senator Surovell and concerns about -- to what extent we are immunizing statements that shouldn't be immunized, we removed this from the bill in committee, and I can't remember what the vote was, but I think it was pretty overwhelming in order to narrowly con strain this, we wanted to address the issue of slap litigation, and left in the portion dealing with the award of attorneys fees under the existing statute, which seemed to be a measured and appropriate response to the problem as identified. So it would be my hope that we will adhere to the position taken by the courts of justice committee with due respect to my friend and colleague from Powhatan, and not relitigate this on the floor of the Senate .
[Unknown]
Thank you, Senator .
[Unknown]
The Senator from Richmond city, Senator surt vant.
[Unknown]
Thank you, Mr. President. -- Sturtevant .
[Unknown]
Just to respond to the comments of the Senator from Rockingham, he is correct that the bill as originally drafted and submitted to the courts of justice committee was broader. I originally sought to provide the immunity that is presently provided by this section to those who are sued for defamation having made statements on matters of public concern and the gentleman from Rockingham is correct. This floor amendment is not the same as that original bill. The floor amendment only seeks to provide the recovery of attorneys' fees in the courts discretion only after a lawsuit is disnis -- dismissed. The cause of action having been for defamation based on matters of public concern. So this is a more narrowly tailored attempt to help folks who have been sued, so they are not out of pocket a significant amount of money, taking into consideration the concerns that were raised in committee, and after having worked with Mr. Benjamin to find a suitable alternative to this measure.
[Unknown]
Thank you, Senator. The question is shall the floor amendment be agreed to. All in favor of the motion say aye. Opposed no. The no's have it. The floor amendment is not agreed to. The Senator from Richmond city, Senator Sturtevant .
Glen Sturtevant
Mr. President, I move that we engross and advance this bill to its third reading.
Bill Howell
Thank you, Senator. The question is, be -- shall the bill be engrossed and advanced to third reading. All in favor of the motion say aye. Opposed no. The ayes have it. Advanced to third reading. The bill is engrossed and the Senate will stand at ease. The bill is engrossed and
Glen Sturtevant
The Senate will come to order. Senate bill 734. A bill related to public charter schools, reported from the committee on ed indication and health with a substitute -- education and health with a substitute.
[Unknown]
Senator from James city county, Senator Norment .
Tommy Norment
If he -- we could pass that by temporarily.
Bill Howell
Without objection, Senate bill 734 goes by temporarily.
Tommy Norment
Senate bill 740. A bill relating to access to electronic textbooks and adequate activity. Reported from the committee on education and health, with amendments.
[Unknown]
Senator from eastern Fairfax County, Senator
[Unknown]
Thank you, Mr. President. Surovell. I move the committee amendment.
[Unknown]
Question is, shall the committee amendment be agreed to. All in favor say aye. Opposed no. Ayes have it. Committee amendment is agreed the Senator from eastern to. Fairfax county.
[Unknown]
Mr. President, I move the bill be engrossed and passed to third reading. The question is, should the bill be advanced to third reading. All in favor say aye. Opposed no. The ayes have it. The bill is engrossed and advanced to third reading.
[Unknown]
Returning to Page 20. Senate bill 567. The Senator from southern Fairfax County, Senator Barker .
George Barker
Mr. President, first move that we adopt the committee substitute.
[Unknown]
Thank you, Senator. The question is, shall the committee substitute be agreed to. All in favor of the motion say aye. The ayes have it. Opposed no. Committee substitute is agreed to. The Senator from southern Fairfax County .
George Barker
Mr. President, I now move that we waive the reading of the floor amendments.
[Unknown]
The reading is -- the question is, shall we waive the reading of the floor amendments. All in favor of the motion say aye. Opposed no. The ayes have it. Reading of the floor amendments is waived. Senator from southern Fairfax County .
[Unknown]
Mr. Mr. President -- Mr. President, I request that we move that we take these amendments up in a block.
Bill Howell
Without objection, they will be. Senator, you have the floor.
[Unknown]
Mr. President, when this bill was presented to the courts committee, I acknowledged then that there was a number of discussions going on and there might be further amendments as we went through the process. There were a couple people who expressed, indicated they were still working with us on this bill. What this bill deals with is a temporary detention order for various people who have been under emergency custody order, which a decision is made by the magistrate to grant a temporary detention order. In essence what they do, current procession, they May request a custody or, when there is an evaluation made by a designee or staff member of the local community services board, if they make a finding they do not think a temporary detention order is appropriate, basically the matter is closed at that point. What this does is it provides an opportunity for the magistrate to make that decision, I think a lot of us fought with the case originally, and provides an opportunity for the petitioner, the person who requested the emergency custody order in the first place to have his or her voice heard by the magistrate in making this decision. It is a recommendation of the study commission on mental health services, the Senator from Bath has been chairing for the last couple years. I would request that the Senate adopt these amendments in a block.
[Unknown]
Thank you, Senator. The question is, shall the floor amendments be agreed to. All in favor of the motion say aye. Opposed no. The ayes have it. The floor amendments are agreed to. The Senator from southern Fairfax County .
[Unknown]
Mr. President, I now move that this bill be engrossed and advanced to third reading.
Bill Howell
The question is, shall the bill be engrossed and advanced to third reading. All in favor of the motion say aye. Opposed no. Theize have it. The bill -- theize have -- the eyes have it. Bill is en engrossed and advanced to third reading. Moving forward to Page 21, Senate bill excuse me, 734, the Senator from Rockingham, Senator Obenshain .
Mark Obenshain
Mr. President, can that about by temporarily?
Bill Howell
Without objection, Senate bill 734 will go by temporarily. Senator from James city county, Senator Norment .
Tommy Norment
Thank you, Mr. President. Just by way of announcement, perhaps to give everyone a little bit of an advance notice, being naive and ambitious, I would like to move the calendar along a little bit further after we go through the next section. But just by way of information, I would like to try to take the House bills on the third reading that were passed by to try to take those through, and the clerk's office I think is preparing a couple of amendments that do exist. And that would, of course, be subject to the single exception rule. And also the Senate bills on the second reading on the regular calendar, that we've just completed, I would like to try to come back and take as many of those through as we possibly could as well. Thank you, Mr. President.
[Unknown]
Thank you, Senator .
Tommy Norment
Mr. President?
[Unknown]
Senator from Fauquier, Senator Vogel. Thank you, Mr. President. Speaking to the bill, this is Senate bill -- sorry, House bill 4 that was heard in the privileges and elections committee, and this bill is identical to a bill that was debated on the Senate floor already. This is the constitutional amendment on right to work, and it was fairly fully debated on the Senate floor. I won't elaborate any further. I would move passage of the
Jill Holtzman Vogel
Thank you, Senator. Bill. The question is shall House bill 4 pass. All in favor of the motion record their votes aye, those opposed no. Vote? Have all the senators voted? Do any of the senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 21, no's 19.
Jill Holtzman Vogel
Ayes 21, no's 19. The bill passes. Going back to Page 21, Senate bill 734, the Senator from Rockingham .
[Unknown]
Mr. President, I move that the committee substitute be agreed to.
[Unknown]
Thank you, Senator. The question is, shall the committee substitute be agreed to. All in favor of the motion say aye. Opposed no. Ayes have it. Committee substitute is agreed to. The Senator from Rockingham .
[Unknown]
Mr. President, I ask that this bill be engrossed and advanced to third constitutional reading.
Bill Howell
Question is, shall the bill be engrossed and advanced to third constitutional reading. All in favor of the motion say aye. Opposed no. The ayes have it. The bill is engrossed and advanced to third reading. Senator --
[Unknown]
Regular calendar, Senate bills now on third reading. Senator from James city county, the Senator from James city county, Senator Norment .
[Unknown]
Thank you very much, Mr. President. I would move that all of the Senate bills on the third reading on pages 17 through 21, which would include all Senate bills, I believe, except for Senate bill 568 on Page 20, be placed on their final passage. Mr. President, I move that the third constitutional -- that the rules of the Senate be suspended and third constitutional reading of the titles be dispensed with.
Bill Howell
Thank you, Senator. The question is, shall the rules be suspended and the third reading of the titles of the bills be dispensed with on pages 17 through 21 with the exception of Senate bill 568. All in favor of the motion record their votes aye, opposed no. Vote? Have all the senators voted? Do any of the senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 4 oh, no's zero.
[Unknown]
Ayes 40, no's zero. The reading of the titleless is dispensed with, the bills are now before the Senate on final passage.
[Unknown]
Senate bill 560.
[Unknown]
Senator from James city county, the Senator from James city county, Senator Norment .
[Unknown]
Mr. President if we could pass that bill by temporarily, please.
Bill Howell
Without objection, Senate bill 560 will go by temporarily.
[Unknown]
Senate bill 737.
[Unknown]
Senator from Rockingham, Senator Obenshain .
Mark Obenshain
Mr. President, I would ask that bill to go by for the day.
Bill Howell
Without objection, Senate bill 737 will go by for the day.
Mark Obenshain
Senate bill 457.
[Unknown]
Senator from Grayson, Senator Carrico .
Bill Carrico
Thank you, Mr. President. I ask that we pass the bill.
[Unknown]
Senator has the bill.
Bill Carrico
This bill would basically raise the bar for asset forfeitures from the preponderance of evidence to clear and convincing evidence which would require the commonwealth to approve more beyond the preponderance, raising the bar for any evidence seized to be kept by the commonwealth. I hope it be the pleasure of the body to pass this bill.
Bill Howell
Thank you, Senator. The question is, shall Senate bill 457 pass. All in favor of the motion record their votes aye, opposed no. Vote? Have all the senators voted? To change their vote? Do any of the senators desire the clerk will close the roll.
[Unknown]
Ayes 40; no's zero. >>
[Unknown]
An ayes 40, no's zero. Bill passes.
[Unknown]
Senate bill 9.
[Unknown]
Senator from Norfolk, Senator Alexander .
Kenneth Alexander
Thank you, Mr. President. I move the bill pass.
[Unknown]
Senator has the floor.
Kenneth Alexander
Speaking to the bill. Thank you, Mr. President. Senate bill 9 clarifies civil immunity for forcible entry of a motor vehicle to remove an unattended animal by first responders and animal control officers. Again, I renew my motion the bill pass.
Bill Howell
Thank you, Senator. The question is, shall Senate bill 9 pass. All in favor of the motion record their votes aye. Opposed no. Vote? Have all the senators voted? Do any of the senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 38; no's 2.
[Unknown]
Ayes 38, no's 2. The bill passes.
[Unknown]
Senate bill 113.
[Unknown]
Senator from Fairfax city, Senator Petersen .
Chap Petersen
Thank you, Mr. President. This is a bill which takes a non- non-voting represent on the northern Virginia transportation authority that represents town to and would allow them to vote for the first time. Move that the bill pass.
[Unknown]
Thank you, Senator. The Senator from Stafford, Senator Stuart .
Richard Stuart
Thank you, Mr. President. Speaking to that motion.
[Unknown]
Senator has the floor.
Richard Stuart
Mr. President, I would take a contrary view on this bill, and the reason is, I have spoken with several folks on the northern Virginia transportation association, and it is my understanding that they have and in fact this year again voted unanimously against this position. And what it does is, they currently have members from towns who sit on the board, but they don't vote because it would screw up the one person, one vote rule. So now you have an individual from a town and an individual from the county, they would have two votes, and they could mess up the decision-making in so while the gentleman from that process. The city of Fairfax, I know he has his agenda, not sure what it is, but this is largely disregarded by those folks who this would affect. So with that, I would ask that we not support this bill.
[Unknown]
Thank you, Senator. The Senator from Alexandria, Senator Ebbin .
Adam Ebbin
Thank you, Mr. President. Just briefly to speak against the bill. I sit on the mvpa, and right now we have -- nvpa. Right now we have the five towns in northern Virginia represented by rotating non-voting member, and I think that's what the Senator from Fairfax city is getting to, that they don't vote. However, the chief executive of the county they are located in does vote, and does represent them. Further, the bill that passed specific maintenance of effort in 2013, hb 2313, set forth requirements for counties and cities to fully benefit from regional revenues. There are no such requirements for towns. Counties meet the requirements for them. And I would say also that the projects submitted by the towns so far have been funded to the point of $30 million so far. So if the towns have a problem, I have not heard from them. I am a member of the body, but I would suggest that we wait and continue the process as it is, and vote against the bill.
[Unknown]
Thank you, Senator. The Senator from Fairfax city, Senator Petersen .
Chap Petersen
Thank you, Mr. President. Nobody wishes to speak, I would like to speak.
[Unknown]
Senator has the floor.
Chap Petersen
Thank you, Mr. President. Ladies and gentlemen of the Senate, I think the gentleman from Stafford has correctly portrayed this as my reelection bill, but the bottom line is, I do represent towns, and there's a number of towns in northern Virginia that own their observe -- own streets, that paif separate taxes. Yes, they are included in Fairfax County, but they are also a member of the united states. Does that mean president obama speaks for them? The bottom line is, Fairfax County is 1.1 million people. So to get the type of representation they deserve, they deserve a more specific designee, which is what the bill seeks to address. And to the comments that the current members of nvta don't want this person to vote, that's like asking your old girlfriend what they think of the new girlfriend. They don't want their power diluted. Ihere to represent the citizens, not the power brokers. I ask that you pass this bill.
[Unknown]
Thank you, Senator. Should Senate bill 113 pass. In committee. This bill would give the role of determination and reciprocity to the general assembly of the commonwealth of Virginia after advice from the attorney general and then the general assembly would direct the superintendent or the state police there are no engagements as the general assembly deemed appropriate. I move that the bill pass.
Bill Howell
Thank you, Senator. The question is shall Senate bill 178 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 22, nos 18.
[Unknown]
Ayes 22, nos 18. The bill passes.
[Unknown]
Senate bill 224.
[Unknown]
The Senator from Newport News .
[Unknown]
Thank you, Mr. President. I move the bill pass and speaking to the measure.
[Unknown]
The Senator has the floor.
[Unknown]
Thank you, Mr. President and members of the Senate Virginia schools are require the by law to prohibit tobacco use in school buses, buildings and vehicles but not on school growns. The senor to for disease control recommends a policy that prohibits use by staff or visitors at any time anywhere on a cool campus. A year or so ago we prohibited the use of e-cigarettes on all school property buses and school sponsored activities. While we banned the use of e cigarettes we do not ban tobacco except in the buildings and on the buses. I move the bill pass.
Bill Howell
The question is shall Senate bill 224 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 10.
[Unknown]
Ayes 30, nos 10. The bill passes.
[Unknown]
Senate bill 313.
[Unknown]
The Senator from Fairfax city, Senator Petersen .
Chap Petersen
Thank you, Mr. President. That was requested by move that the bill pass and speak to the bill.
[Unknown]
The Senator has the floor.
Chap Petersen
This was a bill requested by the bcba to allow them to be a conduit issue of debt for related foundations to the public colleges and universities and the taxpayer would not be liable for this debt, not libel. However, the foundations that seek to use the vcba could save money issuing costs.
Bill Howell
The question is shall Senate bill 313 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 2.
[Unknown]
Ayes 38, nos 2. The bill passes.
[Unknown]
Senate bill 567.
[Unknown]
Senator from southern Fairfax County, Senator Barker .
George Barker
Mr. President, I move that the bill pass and speaking to the bill.
[Unknown]
The Senator has the floor.
George Barker
Mr. President, this is the bill we amended just a little bit ago changes the process for someone subject to an emergency custody order and having a hearing before a magistrate and provides that the imagine straight when making a decision as to whether to order a temporary detention order shall consider the recommendations and findings from the staff person from the community services board designee and treating physician. The question is shall the bill pass. All in favor of the motion wille opposed no. Ir votes aye, those are the senators ready to vote? Have all the senators voted? Do any senators desire to ch their vote? The clerk will close the roll. Ange
[Unknown]
Ayes 34, nays 5.
[Unknown]
Ayes 34, nos 5 the bill passes.
[Unknown]
Senate bill 577.
[Unknown]
The Senator from Richmond city, Senator Sturtevant .
Glen Sturtevant
Mr. President, I move that the bill pass and speaking to the bill.
[Unknown]
The Senator has the floor.
Glen Sturtevant
Ladies and gentlemen this is the bill that I previously discuss the at length. Now this is the much nor marrowly tailored version that simply allows someone who has a Suit against them dismissed pursuant to the immunity provided that they May in the court's discretion recover attorneys fees and costs. And I renew my motion that the bill pass.
Bill Howell
Thank you, Senator. The request he is shall Senate bill 577 pass. All in favor of the motion willy e, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 38, nos 2.
[Unknown]
Ayes 38, nos 2. The bill passes.
[Unknown]
Senate bill 734.
[Unknown]
The Senator from Rockingham, Senator Obenshain .
Mark Obenshain
Mr. President, I move that the bill pass. Speaking to the bill. Mr. President, members of the Senate this is a piece of legislation that deals with charter schools. It is not the amendment. It is not the resolution. It is one dealing with the frame work for charters and really has two parts. Number one is the part that will go into effect irrespective of the outcome of the vote on the constitutional amendment and the second is the frame work for the post amendment world in which charter schools can be authorized in Virginia. First, the easy part, the part that deals with charter school frame work. This piece of legislation really adopts and incorporates into the code some of the best practices that have been developed across the country in red states and blue states for applications for charter schools. It highlights the things that localities and school boards ought to be looking at. It helps local school divisions in their assessment of charter schools. It helps with the reporting concerning the success or failure of charter schools and localities. And the de-certification process. It is one that really makes some refinements to the law that we adopted back in 1995 and really has experienced very little change since that time. Since that time, we have seen how charter schools work in the rest of the country and, frankly, we have had the ability to benefit from some of the successes and failures in other states and this is irrespective of your views if we are going to havele charter schools under the existing frame works this adopts the best practices developed across the country. The second thing that it does is if the constitutional amendment gets out of the body and goes on the ballot in November and passes it establishes the framework pursuant to which the state board of education would have a role in the certification of charter schools and the circumstances in which it would operate as an alternate authorizer. And it does a couple of things. Number one, it puts to bed the argument that this is some vast power grab by Richmond that is taking authority and control away from local school divisions. Because what it does, it does two things in that regard. Number one, it establishes the state board of education will hear only applications on appeal. It will not be an initial authorizer. Will not under any circumstance be an avenue for applicants to go around the local school divisions who they can only go to the state board as an appellate channel and number two it limits the number of instances in which people can do that. It imposes a limit of five charter schools per year that could be approved by the state board of education. It will not be a vast opening of the flood gates pursuant to which the state board is supmenting its jump -- supplanting. That decision is, of course, immeal should the voters choose to reject a constitutional amendment. But the first part would. So, I would renew my motion that the bill pass.
[Unknown]
The Senator from Alexandria, Senator Ebbin .
Adam Ebbin
Thank you, yield for a question.
[Unknown]
The Senator from Rockingham yield for a question.
Adam Ebbin
I yield.
[Unknown]
He yields, Senator .
[Unknown]
I'm a little confused by what this bill does compared to the gentleman's constitutional amendment. I think he said the state board would be an appellate body only. Under the constitutional amendment wouldn't that be an opposite effect?
[Unknown]
The Senator from Rockingham .
[Unknown]
Mr. President, it would not be. The constitutional amendment provides the state board would operate as an alternate authorizer only pursuant to certain prestrict,s improsed by the -- restrictions imposed by the general assembly and reconciles and regulations established under the constitutional moment. This sets up that the frame work in advance of the constitutional amendment. This provides that the circumstances pursuant to which it would be an alternate authorizer and would be significantly limited in the ability to perform the role.
[Unknown]
I thank the gentleman.
[Unknown]
The senior Senator Senator Saslaw .
[Unknown]
Would the Senator from Rockingham yield for a question.
[Unknown]
I yield.
[Unknown]
He yields, Senator .
[Unknown]
Mr. President, I would ask if the local school board turns down the application is there any provision in here that would allow the state board of education so overturn the division and give the go-ahead?
[Unknown]
That is what an appeal it. The appeal gives the appellate body an opportunity to look at the factors identified in here and great deference would about he required to be given to the local school district in its judgment. The application requires considerable diligence on the part of a proposed charter school in looking at the need and the aspects of the proposal and if it doesn't meet the needs of the locality, it is not going to be approved. But, if a locality to simple says we are not open to any charter schools no matter how good the application is and no matter how badly failing our schools May be, then the state board of education would have an opportunity to drop a lifeline to kids and families in those communities.
[Unknown]
The senior Senator from Fairfax, Senator Saslaw .
Dick Saslaw
I would like to speak to the bill.
[Unknown]
The Senator has the floor.
Dick Saslaw
I guess the bit of description of the bill is clear schools light but still charter schools. And the bottom line is that they have yanked the authority for a yes or a flat out yes or no from your local school boards. Make no mistake about it, if this bill were to pass and governor were to sign it and that is kind of dubious but if the governor were to sign something like this, with or without the constitutional amendment, this bill would now be law in Virginia and the last thing we need is this type of setup. There are -- there is at least one municipality around the country that has what is called public charters and one of the most successful ones in the country. We had the opportunity to see it about 14 years ago in massachusetts. But make no mistake about it, it was totally controlled by the local school board and the and that is not what you have, state. You know the, here. And you can, you know, make the bill anyway you want, the bottom line is it is a charter school bill which yanks the ultimate authority away from the local school board and this ought not to be passed, Mr. President, and I would hope it be the pleasure of the body not to pass this at all.
[Unknown]
Thank you, Senator. The Senator from Arlington, Senator Favola .
Barbara Favola
Thank you, Mr. President. Would the Senator from Rockingham rise for a question?
[Unknown]
Would the Senator from Rockingham yield for a question?
Barbara Favola
I do.
[Unknown]
He yields, Senator .
[Unknown]
Thank you. One of my questions is, is there is a provision in here that would provide for state funding when the appeal board essentially reverses a decision by the local school board?
[Unknown]
The Senator from Rockingham .
[Unknown]
Mr. President, members of the Senate I would say I 'm not that ambitious or at least not this year. This is only a partial framework. This will be no, absolutely no charter schools that are going to wind up being authorized pursuant to the state board of education until we sit down and have a serious talk about funding. So, you know, this is a lot of talk about this. A lot of angst about it. In the constitutional amount passes we to sit down and work out the funding issues and I expect that is going to take place.
[Unknown]
Would the Senator yield for a second question.
[Unknown]
Would the Senator yield for an additional question.
[Unknown]
I yield.
[Unknown]
He yields, Senator .
[Unknown]
If an applicant comes forward and reject by the local school board and approved by the state board and now has piece of paper saying that they are eligible or they have the authority to start a charter school isn't that an unfunded mandate the way that bill currently reads?
[Unknown]
The no are from Rockingham .
[Unknown]
It absolutely is not. There is no way that a school going to be wind up being established without a funding mechanism. The state board of education can approve it but the fact of the matter is there is no money, there ain't no school.
[Unknown]
Mr. President, speaking to the motion.
[Unknown]
The Senator has the floor.
[Unknown]
The I represent parts of a jurisdiction Loudoun County that actually does have two charter schools and their first successful was the middleburg charter school and it started in 2014. One of the key components to making that school work is the Loudoun school board agreed to transfer the cost, the per pupil cost that they are currently spending on the public students or students in the public schools they transferred the entire amount times the number of students in the middleburg community charter school to the cool would have the funds to -- so the school would have the funds to operate. That was a $1.4 million transfer and there are only 113 students in the school. This is not a panacea. This is in effect an alternative that is essentially part of the public school system although it is called charter school. The middleburg charter school was able to raise additional dollars and they have enhancements but they have to hire teachers from the Loudoun public school system or teachers approved according to the requirements established by the superintendent. This is the first charlotter school to succeed in Loudoun. -- this is the first charter school to succeed in loud. The point I 'm making is a, you really do need a lot of input from the local community and you need funding from the public taxpayers in the jurisdiction to make the school work. The concept of somebody in the state government just having coming down with a big hand and saying we know best and we are going to approve this and we don't care that the local school board or the local community doesn't feel that this is the proper application or the proper way to go in their school district, is totally the wrong thing to do as far as I 'm concerned and I think a lot of other people would agree. So for those reasons, Mr. President, I would ask that we defeat this bill.
[Unknown]
Thank you, Senator. The Senator from Buckingham, Senator Garrett .
Tom Garrett
Mr. President, I would ask the senior Senator from Fairfax if he would yield for a question.
[Unknown]
The senior Senator from --
Tom Garrett
He is gone.
[Unknown]
I would ask the Senator from Arlington if she would yield for a question.
[Unknown]
I would ask if the schools in
[Unknown]
I will. Petersburg are as good as her district in Loudoun County and those.
[Unknown]
I I don't know if the schools in Petersburg are as good as schools in other parts of the state but I would say to the Senator that the scoliosis emin Petersburg has an obligation to roll up their sleeves and make their public school system work and I would also say that the student outcome data of students in child supporter schools is no better than the academic achievements of students in the public school. I do understand that we want to give each and every child a good Head case and that is a noble goal and we should all -- a good education and that is noble goal. That is a bipartisan issue. I think the only way we achieve a good outcome for each and every sty dent is that the state and local governments work in partnership and hand in hand.
[Unknown]
The Senator from Buckingham .
[Unknown]
Took awhile but we got an answer. That is everybody deserves an equal chance but this isn't the way to do it. Speaking to the bill.
[Unknown]
The Senator has the floor.
[Unknown]
The reason I directed my question as I had was because we heard the exact same words almost verbatim back when we talked about this last time. I agree that something needs to be done about you this isn't it. And every year there are no proposals from the people who won't want to defeat -- who want to defeat this bill on how to help these kid. I would contend, again, one, two, three years redundantly that in the areas in Virginia where your public schools aren't doing as well as others that our children are not failing the schools, the schools are failing our children. And we are lucky because we got good public schoolsers by and large. But if you listen to the Senator from Rockingham we are not privatizing anything. Three are public charter schools and the locality has an obligation to quote roll up their sleeves and do the best they can for their students. But they are not. So every single year thousands primarily minority socioeconomically challenged kids are trapped in schools that they are not failing but schools that are failing them. I don't know how to to convey how seriously I take this. It blows my mind because my distinct has pretty good schools. I'm not going to get a whole lot of votes in rural Virginia fighting for children from Petersburg but if you are entitled to one thing it is the equality of opportunity and we don't have it. No, it is not a panacea but darn sure a step? The right direction -- step in the right direction and I 'm sick and tired of half of the chamber going we need to do something but this isn't it and then not proposing any solutions. Think about it in your hearts. Please, this isn't political about the vea and people consolidating power or people hiding where perhaps they are not doing their jobs as well as they are in other places. This is about kids and all this will do is give a second avenue for an opportunity to provide kids a chance to succeed. This is a no brainer, Mr. President. I ask my colleagues to please support this bill.
[Unknown]
Thank you, Senator. The Senator from Roanoke County, Senator Edwards .
John Edwards
Would the Senator from Rockingham yield for a yes?
[Unknown]
I yield.
John Edwards
He yields, Senator .
[Unknown]
Looking at lines 318 through 322, it provides that the state board of education May overrule a local school board that denies an application for a charter schools upon reviewing three factors. One is and it says the -- the application for the charter schools meets the standards of a nationally recognized organization. That primarily represents authorizers of charter schools. Could the Senator from Rockingham tell me what that is? What nationally recognized organization is being referred to here?
[Unknown]
The Senator from Rockingham .
[Unknown]
Mr. President, if I 'm not mistaken it is the national association for charter schools authorizer.
[Unknown]
The Senator from Roanoke city.
[Unknown]
Would the Senator yield for a further question?
[Unknown]
The Senator yield for an additional question?
[Unknown]
I yield.
[Unknown]
Where is the organization and
[Unknown]
Anneals, Senator. What is -- he yields, Senator .
[Unknown]
Who is behind it.
[Unknown]
It is no at shadowy nefarious organization. It is an organization of national charter school authorizers and if I were to guess I would guess that it is based in the nation's capital or at least that is where its office is. And it is an association as many other associations with representatives from all over the country.
[Unknown]
The Senator from Roanoke city.
[Unknown]
Mr. President, would the Senator yield for another question.
[Unknown]
Does the Senator yield for an additional question?
[Unknown]
He yields, Senator .
[Unknown]
I yield.
[Unknown]
Another fact the board of education is supposed to consider in overturning the decision not to have a charter school is that quote the local community supports such application end quote. How is says the school board, the local school Ward has already turned it down, how does the state board of education determine whether or not the local community supports the application.
[Unknown]
The Senator from Rockingham .
[Unknown]
Mr. President, what I would say is that I don't know about the Senator from Roanoke but I have a pretty good idea as to what my community supports and doesn't support and there are occasions upon which city councils, county board of supervisors or school boards make decisions for reasons unrelated to what the community supports. Now, some people wanted this to be a bill that would have given applicants a direct route to the state board of education so that they could totally bypass local school boards. I don't support that and I never have supported that. I do leave that it is important -- I do believe that it is important for the state board of education to operate as an appellate body and yes, I do believe that it is important for them to pay heed to the wishes of the community and the degree to which a community supports and demands charter schools. You know, what we have seen is repeatedly situations in which local school boards have considered charter school applications in Virginia and elsewhere and the argument against it has been but there is no support for it. There is no demand for it. Yeah, when against all odds those few charter schools that have opened here in Virginia have opened and greater number across the country, kids and families are lined up to enroll in those charter schools and teachers are lined up to work in those charter schools because it frees them up to use their creativity as teachers. So, yeah, Mr. President, I do believe that the state board of education ought to consider the desires of the locality and those families and those kids who line up routinely at charter schools around Virginia and across the country when they are given the opportunity to enroll in them.
[Unknown]
The Senator from Roanoke city.
[Unknown]
Mr. President, speaking to the bill.
[Unknown]
The Senator has the floor.
[Unknown]
I would hope it would be the pleasure of the body to reject this bill. Mr. President, one of the foundations in the constitution of Virginia with regard to the who is to govern local schools are the local school boards. Many are elected and some are appointed. They represent the interests of the locality and they should know what the locality wants to do. I understand only like nine charter schools in Virginia tells me volumes about the demand for charter schools which is very little. Mr. President, I would hope that the body would see this bill is the effort to have the handful of people on the statewide board of education dictate to localities contrary to our constitution as to what kind of schools we should have. Again, the constitution provides the local school boards should govern our local schools and I would hope the body would reject the bill. Thank you, Mr. President.
[Unknown]
Thank you, Senator. The Senator from Rockingham .
[Unknown]
Mr. President, I hesitate to rise but I want to rise for two brief observations. Number one, I hear what you're saying. If you don't want charter schools at all in Virginia, just vote against the constitutional amendment and you won't have to worry about it. But if the constitution amendment passes, every single comment I have heard from the other side of the aisle indicates that we ought to have this bill. Because you want local control over whether charter schools come to your community and this gives more local control. It ensures that charter play can'ts have to go to -- applicants have to go to the local school board first and it makes sure that the state board of education has to take into consideration the desires of local school divisions. So, if you want a constitutional amendment with no restrict,s on the ability of the state board of education to consider appeals or direct applications, vote against this. Just vote against it. Second of all, if the constitutional amendment doesn't pass, I have heard nobody suggest, not one person suggest that the framework in here the modernized framework for applications and requirements is a bad thing. So if you are opposed to charter schools just vote against the constitutional amendment but this will does a lot to make sure that we utilize best practices for those charter schools that are approved. And second, to make sure that in the event that the constitutional amendment is passed, that we protect the prerogative of the localities.
[Unknown]
Thank you, Senator. The senior Senator from Fairfax, Senator Saslaw .
Dick Saslaw
One final time. The Senator from Rockingham keeps saying that vote against the constitutional amendment if you don't like charter schools. This does the same thing as the constitutional amount does, just adds more structure to it. Can't put a Page and a half bill, although some have tried in the constitution. Make no mistake about it, this is charter schools. Okay. And there is a way to deal with the problems that we have in the areas that have not been done yet. I have some ideas and other people in here have ideas and you can make it with local control. The best way to start that process is to defeat this bill. Finally, I want to apologize to the Senator from Buckingham who asked me to yield for a question and I was in the back stuffing my face. If he wants me to yield, I would be glad to do that.
[Unknown]
Thank you, Senator. The Senator from Buckingham .
Dick Saslaw
I would query if there is a way to address these problems why is there not a bill? It kills me, Mr. President, there is not a bill. If there is a way to do this, I 'm asking, I 'm begging the senior Senator from Fairfax to bring that bill. Until then, this is what we got.
[Unknown]
Mr. President, I would answer that by saying that and who knows what the future brings, the Senator from Buckingham, May not be here next year if plans -- if his plans go right, he probably won't. But there are some of us who are going to work on something over the next 10 months, 11 months, whatever, to try to have something that you can get a local consensus on and would make it attractive, essentially a deal they couldn't refuse to help these areas and it would be confined to those areas where they desperate play need help, not left in a blanket situation for any municipality, you know, that somebody wants to start a charter school. With that in mind, and we probably you know might have paid closer attention to this over the years and I plead guilty as much as anybody else but this is not the way to fix it.
[Unknown]
The Senator from Hampton, Senator Locke .
Mamie Locke
Thank you, Mr. President. Speaking to the bill.
[Unknown]
The Senator has the floor.
Mamie Locke
Mr. President, it was not my intent to speak on this legislation but I do want to point out it certainly is not a panacea. We are told that we need to provide our own bill, but one of the things I want to point out is that every year we keep looking at every effort to divert general fund dollars way from it k-12, to putting in public fund dollars to private education. We have seen that happen. If we want to improve public schools, then let's stop increasing classroom sizes. Let's start supporting public school teachers. Let's support sol reform. Let's look at the 2015 study from the center for research education outcomes from stanford. We have been looking at the old study,let look at the new study that says that 57% of charter schools are not jut performing public schools. And if we look at the 43% they say are doing well if we look deeper into the 43% even those aren't doing what they say that they are supposed to be doing. Even within that 43% all of them are not outperforming traditional public schools. If the charter school is, indeed, the panacea why aren't those 43% studied doing extraordinary well as they are supposed to be doing as charter schools? So if charter schools are, indeed, the panacea for what ills those children, then why aren't charter schools all over the place? Thank you, Mr. President.
Bill Howell
Thank you Senator. The question is shall Senate bill 734 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 21, nos 19.
[Unknown]
Ayes 21, nos 19. The bill passes.
[Unknown]
Senate bill 740.
[Unknown]
The Senator from eastern Fairfax, Senator Surovell .
Scott Surovell
Mr. President, o could that go bye temporarily.
[Unknown]
With that objection, Senate bill 740 will go bye temporarily.
Scott Surovell
On Page 19 having voted on the prevailing side. I move that we reconsider the vote.
Bill Howell
The question is shall the vote by which Senate bill 178 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 their vote? The clerk will close the roll. Ange
[Unknown]
Ayes 39 nos 0.
[Unknown]
The motion agreed to. The Senator from Buckingham .
[Unknown]
Mr. President, having previously addressed the bill, and having watched it eek by with the narrowest of bipartisan numbers, I would ask that the bill pass.
Bill Howell
The question is shall Senate bill 178 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 21, nos 19.
[Unknown]
Ayes 21, nos 19. The bill passes.
[Unknown]
Return is to Page 1 of the calendar, the Senator from Fauquier, Senator Vogel .
Jill Holtzman Vogel
Thank you, Mr. President. I move the bills pass and speaking to the bill.
[Unknown]
The Senator has the floor.
Jill Holtzman Vogel
H.B. 254 on Page 1.
[Unknown]
Thank you, Senator .
[Unknown]
I am speaking to the bill. This bill was heard in the privileges and elections committee. It relates to technical adjustments. It was introduced at the request of a local registrar and I will give background to be fair to the body of those who are not familiar with a divergence of opinion. My colleagues on this side of the aisle hold the belief it is totally appropriate under the constitution of Virginia to come back in a nonredistricting year and make minor technical adjustments. It has been the case in the past that after redisstricting members of the legislature have come in and made minor adjustments as cleanup process and that has been customarily done in the year following redisstricting. Our registrars ask for us to do that because it is incredibly costly to run reflex split precincts when there are different ballots if different precincts. This is brought by Delegate coae by request. I know the bill was asked to go by temporarily and I would like to point out the distinction and with that I would move that the bill pass.
Bill Howell
Thank you, Senator. The question is shall House bill 254 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 21, nos 19.
[Unknown]
Ayes 21, nos 19. The bill passes.
[Unknown]
Uncontested calendar Senate bills on first reading. Page 22.
[Unknown]
The Senator from James city county, Senator Norment .
Tommy Norment
Mr. President, I would respectfully move that all of the Senate bills on the first reading on the uncontested calendar and regular calendar which would include all Senate bills on pages 22 through 26 including Senate bill 61 through Senate bill 579 that the rules of the Senate be suspended and that the first constitutional reading of the titles be
[Unknown]
Thank you, Senator. Dispensed with. The question is shall the rules be suspended and the first reading of the titles of Senate bills on the uncontested calendar and regular calendars pages 22 through 26 Senate bill 61 through Senate bill 579 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 40, ayes 0.
[Unknown]
Ayes 40, nos 0. The reading of the titles is dispensed with. The Senator from James city county. [no audio] >> James city county. >> Thank you, Mr. President. I am going to respectfully move that the bills now be passed bye temporarily.
[Unknown]
With that objection those bills will be passed bye temporarily.
[Unknown]
Page 26, uncontested calendar House joint resolution on third reading. House joint resolution 123.
[Unknown]
Proposing an amendment to the adding in article x a section numbered 6-b, relating to real property tax exemptions. Reported from committee on privileges and elections.
[Unknown]
The Senator from Fauquier, Senator Vogel .
Jill Holtzman Vogel
Thank you, Mr. President. I move the bill's passage and speaking to that bill.
[Unknown]
The Senator has the floor.
Jill Holtzman Vogel
This bill had to do with a constitutional amendment the property tax exemption for those who were service members whose spouse had been -- whose spouse was deceased. The bill passed unanimously and I would move passage of the bill.
Bill Howell
Thank you, Senator. The question is shall h.J.R. 123 pass. All in favor of the motion willv otes aye, those opposed no. Have all the senators voted? Are the senators ready to vote? Do any senators desire to ch their vote? The clerk will close the roll. Ange
[Unknown]
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The resolution passes.
[Unknown]
Regular calendar House joint resolutions on third reading.
[Unknown]
House joint resolution 210. Election of a supreme court of Virginia justice. Reported from the committee for courts of justice.
[Unknown]
The Senator from Rockingham .
[Unknown]
Mr. President, you know, Virginia and the united states are in the same position in that we both have even number members of the respective supreme court and it is with deep regret that I move once again, that this be passed bye for the day.
[Unknown]
With that objection, h.J.R. 210 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.
[Unknown]
The Senator from Fauquier County, Senator Vogel .
Jill Holtzman Vogel
Thank you are Mr. President. I move the bill pass and and speaking to that measure.
[Unknown]
The Senator has the floor.
Jill Holtzman Vogel
This is again the right to work amendment that has been fully debate the on the Senate senatefloor on I would move thae bill pass. The question is shall h.J.R. 2 pass. All in favor of the motion willr 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 21, nos 19.
[Unknown]
Ayes 21, nos 19. The resolution passes.
[Unknown]
Regular calendar, Senate joint resolutions on third reading. Senate joint resolution 6. Proposing an amendment to constitution of Virginia, section 5 of article viii of the relating to the establishment of charter schools.
[Unknown]
The nor from rocking -- the Senator from Rockingham, Senator Obenshain .
Mark Obenshain
Mr. President, I move that the resolution pass and speaking to the resolution.
[Unknown]
The Senator has the floor.
Mark Obenshain
Mr. President, you know, we have talked a lot today and over the past few days about charter schools and you know, I don't think I have ever carried a less parochial, less self-interested piece of legislation. This really isn't going to affect my part of the state a whole lot. We have got a real challenge here in Virginia that we have been unable to tackle. And that is disparity in the academic performance and the opportunities that we are giving to kids all over Virginia. I have heard my colleagues stand and talk about the quality of public education we are giving to the children of Virginia. On balance it is pretty good. Key do have Fairfax in past years it has been, what, number four in the country. And the quality of public education that it is providing to the kids of that county. My kids went to Harrisonburg city public schools. Rockingham county public schools. A pretty darn good job of educating their kids. The reason I 'm bringing this bill, this resolution, is because I believe in my heart that it is immoral, it is fundamentally wrong and indefensible for us to provide a world-class education in some jurisdictions around Virginia and then others to provide a third-word education and to do nothing about it. We are doing nothing. To drop a lifeline to the kids. In some of our jurisdictions where you know and I know that we have failing school divisions. And you know and I know that our school divisions, our boards of -- our schoolle boards, our superintendents in Augusta County and Rockingham County and Fairfax County, they are not going to beg us to drop that lifeline to kids in school divisions where they are being failed. It is incumbent upon us to put those kids first to give them the opportunities that charter schools are offering around the country. In rural Virginia there May not be a huge demand for charter schools. And you May never have them. But, by God, we have kids we are ruining and are forgetting about and we have got a chance to give their communities the opportunity to come together and to offer that opportunity to families there and to their children there. This is not some fly by night opportunity that we are offer. You know, there are benefits to being on the leading edge of reform waves. But there are downsides, too. You know, charter schools they were a brain child of somebody named milton friedman back in the late '80s and early '90s, and you know, they started in the '90s. And I don't know whether they started in the republican state or a democratic state, but what I do know is that they are not red or blue, they are successful wherever they are established. And they are most successful in the school divisions that are not performing in a manner that provides those opportunities to their kids. You know, I worked on a lot of pieces of legislation, you know, Senator from Bath County and I carried a constitutional amendment a few years ago that I thought you know was pretty cool and was going to have assailing asignificant impact on our constitutional rights but at the end of the day that is just money. Just money. Money and property. As important as it is. These are people. These are lives. This is opportunity. And this is perhaps the piece of legislation single piece of legislation that has the ability to have more of a positive impact on more children for a longer period of time and more families and the economy in Virginia and the manner in which we provide an education to people across Virginia. It has the opportunity to free up the creativity of teachers around Virginia, to remove some of the constraints that have been imposed by our education bureaucracy and has the ability to get communities more involved in improving the quality of their local school divisions. This, Mr. President, is what we have been trying to walk around delicately for the past five, six, seven years. We tried all kinds of things to force school divisions to bring about changes and reforms in the way that they do business. None of it's worked. None of it's worked. We knew that giving this meaningless little appeal to the state board of education without the ability for them to authorize the charter school that we adopted a few years ago was a waste of time and, indeed, it has been a waste of time. Virtually nobody takes advantage of it and why would they? Why would they? The opportunity education legislation, you know, it was a creative way to try and generate some change in the education establishment in some of our immediateyiest school divisions around Virginia but, you know, it was a pretty weak try and didn't sur five and didn't with have a whole charter schools, I believe they are not the pan panacea. I believe that we ought not be afraid of charter schools. I heard members of this body complain what is not moral -- what is immoral is with if we create charter schools we will have lines and a lottery. I is studied economics and never once did I ever hear anybody suggest that the solution to too much demand is cut off all of the supply. You know, we have got a demand for education reform. We have a demand for opportunity and I hear people stand up and say, you know, I 'm thinking about it. And there has got to be a better way to do this. And perhaps that we haven't cool together and figured it out. It has been 20 years. 20 years since we adopted our charter school legislation and it hasn't worked. It has worked all over the country. It will work here. And this, Mr. President, is an opportunity to do something for kids in failing school divisions and if we don't do this, you know, I don't know why we do a lot of the other things that we do. Mr. President, with that I again move that this resolution pass.
[Unknown]
Thank you, Senator. The Senator from Roanoke city, Senator Edwards .
John Edwards
Mr. President, speaking to the resolution.
[Unknown]
The Senator has the floor.
John Edwards
I would hope it would be the pleasure of this body to reject this constitutional amendment proposal. Mr. President, one of the bed rock principles in the constitution of Virginia for over 100 years is to have free public schools and to have local control of local public schools by the local school boards. That is the bed rock principle. That is why our constitutional amendment is required here. The change has been in the constitution of Virginia for well over 100 years. And if lot he cal school boards wanted to have quarter cools we sustained it wasn't 20 years ago, 14, 15, 16 years ago the opportunity for the local public school boards to establish there is a provision for doing charter schools. So. As I understand from what I read about nine exist in the commonwealth of Virginia. Nine. That doesn't say there is a big up roar about having charter schools. Quite the contrary. The fact there are only nine tells us volumes about the lack of demand for charter schools and that is probably because of the fact that people who study charter schools show that they don't provide any better education and in many cases worse education than the local public schools. Mr. President, if we were to adopt this constitutional amendment and go to the students and they decided to support it and put it in the constitution this would be the radical change in what has been the tradition of Virginia going back well oh 100 years. The constitution in 1903 and changed in 1971, I believe, the requirement for free public going back to 1870 or so I schools. Believe it was another constitution that also required free public schools. But again, every time it has been local school boards run by the localities, representing the local sentiment to establish and govern the local public schools. I would hope, Mr. President, we would not make this mad cal change in what has been a bed rock principle. If there is any demand for charter schools there is a statutory provision and the localities can do it. They don't want to do it for whatever reason. I would move we defeat this resolution. Thank you, Mr. President.
[Unknown]
Mr. President, and members the Senate it seems a lot of the arguments you heard before on the Senate bill not the resolution on charter schools be more than enough reason to vote against this. You heard the statistics from the Senator from Hampton and listening to what Senator Obenshain said the schools are working all over the country. The statistics don't bear that out. They don't even come lot he was to bearing that out. Even where at the claim at the are working better it depends on the region within where the charter schools are. They for the most part kind of work better in more well do areas. We have a way of dealing with the situation but running rough shod over the local school wards is not the way to do it. To put in in the constitution would be a big mistake because there is no going back after that. One other thing I might tell you, the Senate bill that passed here 2119, just a few days ago, keep in mind as time goes on that can be amended and amended and amended to yank more and more control out of local government. The bill that the Senator introduced that is just for starters. I have been around here long enough to know what I am talking about. I have seen stuff where you start out small and the next thing you know it you don't recognize a decade later what you started out with because it has been totally changed. Make no mistake about it, charter schools would be in different. If your area is financially strapped for public schools and public school money you might want to think twice about voting against this bill. Wealthier area can make up the difference in money and. Does this bleed the school board money dry you will wish you never it that. There are seven districts here and I pointed out they are mostly in southwest Virginia starting with Senator Newman 's district going all the way down to the far corner where Senator Carrico is and over to including the Senator from Roanoke city and going over to where Senator Ruff 's district. I asked Senate finance to do a run of what a penne of tax in the real estate, one cent what does it raise collect bely in all 70 of the jurisdictions combined. It was a little over 7 millioned. In 70 some districts combined. You think you got problems now? Wait 'til then. You know what it is in my area, in my county, one penny, one county, $23 million. Why you would want to drain the local education budgets is beyond me. I would hope it would be the pleasure of the Senate to defeat the proposed constitutional amendment.
Mark Obenshain
Thank you, Senator. The Senator from Newport News .
[Unknown]
Thank you, Mr. President.
Mark Obenshain
The Senator has the floor.
[Unknown]
We heard on the floor we are not doing anything to help our young people be success envelope I disagree. School. We spent the past several years with sol reform and moving away from memory expectation to critical thinking skills and now allowed elementary and middle school students to retake sol tests which will help temperature them prove accreditation. Just this year we passed legislation that would not penalize stew schools when a student opts out of taking the test. And we launched a redesign of high school that is going to concentrate on students not only being better prepared not only for college but for a better career. We are doing it and trying to educate our children and it is working and I hope we continue on the reforms.
[Unknown]
That will that mpg you, Senator. The Senator from Buckingham. Senator Garrett .
Tom Garrett
The rethinks bill was my bill I was achy patron. The sol I was copatron. That exists. What are we doing for the kids in the schools failing the kids. This is something. Let's do this. Thank you, Mr. President.
[Unknown]
The Senator from Rockingham, Senator Obenshain .
Mark Obenshain
Calm of things, Mr. President. Number one I would ask the Senator from Roanoke city the aa rhetorical old question how many virginians to change a light bulb? Three. One to change the light bulb and the other two to sit around and talk about how good the old light bulb was. When the constitution and it wasn't written by some of whom are listed in written in the front of the change. It was written by a.D. Dick howard from Charlottesville who is still alive. I don't know how he stands up to the senior Senator from Fairfax in terms of age but in any event he ain't that old. But this is not turning ancient constitutional principles on its Head. We only have nine, that doesn't mean we want charter schools? It doesn't mean that at all. It means that the door is closed to can charter schools in Virginia and anybody that wantss to bring innovation and charter schools to have Virginia it is a waste of time because it is going to be denied and that has been the case repeatedly borne out. Want to talk about statistics. Talk about the 2015 study by stanford that examine chartered and found that they collectively provide a higher level of annual growth in both math and reading compared to the in traditional public schools peers. 50 days of math and 38 days of additional learning in reading and this echoed the 2013 report looking at charters and reading 87% of the charters did as well or better than the traditional counterparts and in math 69% did better. In Virginia, a survey done just a couple of weeks ago shows that nearly 70% of virginians want charter schools here in the commonwealth and that is the case whether you are talking about urban or rural, people across the commonwealth of Virginia. These are public schools. These are public charter schools. Want to introduce innovation in education in Virginia. Let quit tinker around the edges and tinkering with the learning. Let's bring radical reform from the restrict,s imposed on them. You want to drop the life line from the kids across Virginia. Let's drop it. Pass this resolution.
Bill Howell
Thank you, Senator. The question is shall h.J.R. 6 pass. All in favor of the motion willr 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.
Mark Obenshain
Ayes 19, nos 21.
[Unknown]
Ayes 19, nos 21. The resolution does not pass.
[Unknown]
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]
The Senator from Roanoke County, Senator Suetterlein .
David Suetterlein
Mr. President, move the bill pass and speak to the bill or resolution rather the Senator has the floor.
[Unknown]
S.J. 93 would put the constitutional amendment on the ballot so that voters would have an opportunity to weigh in on it. If you like the last one you will love this one. And if you dislike the other one you can disregard this.
David Suetterlein
Thank you, Senator. Thank you. The question is shall h.J.R. 93 pass. All in favor of the motion willv otes 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. Ayes 20, nos 20. >> Ayes 20, nos 20. Needing21 vote, the resolution does not pass.
[Unknown]
Regular calendar Senate joint resolutions on third reading. Senate joint resolution 127. Proposed amendment to the submitting to the voters a constitution of Virginia in conformity with the provisions of section 1 of article xii of the constitution of Virginia .
[Unknown]
The Senator from Rockingham, Senator Obenshain .
Mark Obenshain
Mr. President, maybe I will do better on this one. Mr. President, this is a resolution that put on the ballot the -- I move that the resolution be agreed to and speaking to it. This is a resolution to put on the ballot the right to work constitutional amendment that has already passed this body in two forms and accordingly I would ask members to support the resolution put in on the ballot.
Bill Howell
The question is shall h.J.R. 127 pass. All in favor of the motion willv otes 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.
Mark Obenshain
Ayes 21, nos 19.
[Unknown]
Ayes 21, nos 19. The resolution passes. Uncontested calendar Senate joint resolutions on first reading. 33 commending the african episcopal church. 62 designating the first Friday in February of 2017 and in each succeeding year as wear red day in Virginia. Senate joint resolution 63 requesting the department of social services to study child programs exempt from licensure, report. [no audio] returning to Page 2. >> Senate bill 197. The Senator from Franklin, Senator Stanley .
Bill Stanley
Thank you, Mr. President. I move that the bill pass and speaking to the bill.
[Unknown]
The Senator has the floor.
Bill Stanley
Thank you, Mr. President. Members of the Senate I want to assure you of one thing that Senate bill 197 is not a charter bill. So we will not talk forever about it.
[Unknown]
Hear, hear.
[Unknown]
What is does in the similar vain is that it brings hope of economic prosperity to my area. You have seen this bill again and we have talked about it and today as you talked and discussed and debate the tolls and widening I -66 I was reminded when I lived in northern Virginia a lot of highways up there and a lot of commerce in and out of the area and a lot of people to and from their jobs that those highways remind me, 66, 95, 495, 295, 395, 1995, you have so many highways up there that it reminds me of one thing that that shows demonstrates what I -73 does is it growth. Demonstrates a promise to the future of the growth and revitalization of south side Virginia. There was conversation that maybe this circumvented h.B. 2. It does not. It merely transforms what is already from that route 58 into I -73. Second, it does not take money out of the highway transportation fund. It does not.
[Unknown]
What I can promise you is that what you were saying by voting yes to southwest and south side Virginia is a promise for our economic future. I ask you, I beg of you, please vote for Senate bill 197. And I thank you, Mr. President. Again, I want to reiterate to you, Mr. President, this is not a charter bill. Mark Obenshain will not stand up here and talk for the next 35 I promise you that, Mr. Minutes. President. I ask that Senate bill 197 pass.
[Unknown]
Thank you, Senator. The Senator from Bath County, Senator Deeds .
Creigh Deeds
Mr. President, speaking to the bill. Unlike my friend from Franklin, I have never lived in northern Virginia. Never lived in that land of plenty and I want to reiterate what my friend from Franklin says that the south side of Virginia is land that formerly prospered this state and is in need of a shot in the arm. However, I want to remind you of a discussion we had the other day and suggest to you that this is not good policy for lots of reasons. Number one, this bill will not take effect for a number of years. We are effectively telling a group of voters we are doing something when we aren't. We aren't going to build with this bill, sure, even the next generation of voters that I -73 is complete and providing lifeblood to the south side of Virginia. Number two, I disagree with my friend from Franklin. This does go around the priority system we put in place with House bill 2 in 2014 and we rewrote in this session on this body House bills 1886 and 1887 last year when we decided a new way for prioritization of projects and how the funds were going to be divided. This goes completely around that. I would ask you not to vote for this bill. I would suggest if we harken back a few minutes to what my friend the senior Senator from Loudoun talked about when we passed the bill in 2013 to fund transportation that we did not develop a fund of money to build roads for generations. We barely hung on with that legislation for a maintenance budget. But we made a decision in that bill, 2313 that this bill speak, and that is we decided to to let Hampton roads and northern Virginia raise their own money so they could continue to build roads and the rest of Virginia we just have maintenance money out of 2013. This speaks to that frustration but it is not the right vehicle and I could ask that you defeat the bill. The question is shall Senate bill 197 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 21, nos 18.
Creigh Deeds
Ayes 21, nos 18. The bill passes. Moving to Page 3. Senate bill 588. The Senator from Roanoke County, Senator Suetterlein .
David Suetterlein
Mr. President, Senate bill 588 is -- would put the charter constitutional question on the ballot. We had a disagreement and already did my first method, the resolution you dispensed with that. We now have the bill before you and I ask that is pass.
Bill Howell
Thank you, Senator. The question is shall Senate bill 588 pass. All in favor of the motion wills opposed no. Aye, those are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
David Suetterlein
Ayes 20, nos 20.
[Unknown]
Ayes 20, nos 20. The chair votes no. The bill does not pass. Moving to Page 4. Senate bill 52. 552. The Senator from Chesapeake, Senator Cosgrove .
John Cosgrove
Thank you, Mr. President. I move that Senate bill 552 pass and speaking to that bill.
[Unknown]
The Senator has the floor.
John Cosgrove
Senate bill 552 would exempt the names and training records of law enforcement officers and fire marshalls as defined such in the code from mandatory disclosure. Unfortunately, our culture has changed, many times police officers are considered fair game and I don't think it is at all advisable that we require the dissemination of this particular information. I would also say to the members of the Senate that in san antonio just recently, a newspaper/tab lloyd thereloid td to publish every name and home address of every police officer in san antonio. Can you imagine what would have happened to those men and women and their families if that information was disseminated? I this ink is a common sense and I hope the body would pass the bill.
[Unknown]
Thank you, Senator. The Senator from Fairfax County, Senator Petersen .
Chap Petersen
Thank you, Mr. President. Rise to speak against the bill.
[Unknown]
The Senator has the floor.
Chap Petersen
This is making a major change in the freedom of information act and the amount of information we make available. The people that are the subject of some of these inquiries can be elect the officials, sheriffs, chiefs of police, people that can be earning six figure salaries, people that can employ their brother in law, son in law, a member of their church, you name it. And by exempting this information we take it much tougher to discover the information. If May be true you can write a letter and send it in for a formal fois request. We made this information accessible to rein in these types of abuses. It is hard to explain every single incident where someone has been threatened by disclosure of identity. My identity is public. Sometimes you get a crazy person that wants to make a big deal. Our society and if you look at the statistics is a good bit safer from it was. The gentleman from comes peek, e when we came on the Senate they had just planted a plane in the side of the pentagon. I don't think we are unique and can't have public information. The training records piece. I don't understand why that would be subject to foia anyway. The idea to take people's identity out of the public purview when voters are concerned about corruption and insider trading is a mistake and I hope we defeat this bill.
[Unknown]
The Senator from Alexandria .
[Unknown]
Would the gentleman yield to a question.
[Unknown]
I yield.
[Unknown]
San antonio texas asked to print home addresses of law enforcement officers. Is there anything in the Virginia code that requires localities right now to post the home addresses of law enforcement officers?
[Unknown]
The Senator from Chesapeake .
[Unknown]
I would answer the gentleman that I don't know and I certainly hope not because that would be extraordinarily dangerous to the members.
[Unknown]
The Senator from Alexandria .
[Unknown]
Speaking just a second against the bill.
[Unknown]
The Senator has the floor.
[Unknown]
I couldn't find anything that allows or requires law enforcement addresses to be posted and I would ask that we vote against the bill.
[Unknown]
Thank you, Senator. The Senator from Chesapeake .
[Unknown]
Thank you, Mr. President, and ladies and gentlemen of the Senate we are not going to talk a long time about this because I think people now how they want to vote. There a thin blue line and members of law enforcement put themselves in jeopardy every single day trying to protect you and trying to protect your families and trying to maintain the rule of law. For us to just cavalierly think that they should -- all of that information should be laid out any time somebody wants it I think it wrong. I think it is also important to realize that when an organization has that data there is nothing we can do to manage the dissem nation of that data. -- dissemination of the data. There are certain exempts under foia and I think the life and safety of our public officers and families and marshalls should take precedence. The question is should Senate bill 552 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 25, nos 15.
[Unknown]
The bill passes. Senate bill 44. The Senator from Grayson .
[Unknown]
Thank you, Mr. President. Speaking to the bill.
[Unknown]
The Senator has the floor.
[Unknown]
I move that Senate bill 44 pass and speaking to that.
[Unknown]
Yes, sir.
[Unknown]
Mr. President, this is the coal tax credit which is vital to the region that I myself and nor Chafin represents -- and Senator Chafin represents. This bill is designed to allow credits to go to generation which it cap thes the generation tax at $7.5 million and extends the employment enhancement tax to that region until January of 2022. 2022 which this tax credit will expire at the end of December before January 21, 2017. The tax credits for the coal tax credit has been instrumental in helping the southwestern Virginia economy adjust to the coal production and the closure of mines helping us put together an infrastructure in order to enhance and to build more businesses across the region and due to the hardships in the mining industry this is vital to our region in order to keep that economy vital and keep the mining, the mines going. Some numbers that I want to give to you as an indication of how the mining industry has suffered over the last few years, since 1990 until 2004 there has been a reduction in mining of 31.4 million tons. Is a decrease of 31.4 million tons in coal production. In 2014, just last year, two years ago a reduction of 1.7 million tons. Southwest Virginia the coal industry jobs from 90 to 2004 a loss of 8,222 jobs in that industry in the operating mines in Virginia from '90 to 2004. There has been a loss of 251 mines there were operating then that are not operating now. Since 2015 there is less than 200 mines that are licensed in the commonwealth of Virginia and fewer than 70 operating mines in the commonwealth. This doesn't only affect southwest Virginia it also affects the rails, the ports of Virginia where the coal goes to, and I would hope that the body would support this measure in order to allow these coal tax credit to move forward and to help a region that is suffering greatly from the loss of tows te jobs.
[Unknown]
The Senator from Russell County, Senator Chafin .
Ben Chafin
Thank you, Mr. President. I rise to speak? Speak in favor of the bill.
[Unknown]
The Senator has the floor.
Ben Chafin
We voted on Senate bill 60 and Senate bill 60 I will remind you was to equip I -66 with toll booth and lanes improvements and I voted in favor of that and I did that because it was a regional issue and it was a regional issue that needed to happen. Didn't have a lot to do with southwest Virginia, my region. But it had to a lot to do with your region in northern Virginia and it was important to you. Now, I stand here before you speaking in favor of the coal tax credits. And that is another regional issue but this sometime it is southwest Virginia in dire need and in need of help here. You know, I visit the these mine sites. I have talked to these industry leaders. And the truth is there is a thousand jobs, give or take 50, that are going to be lost in we do not continue these coal tax credits. A thousand jobs. Now that is a lot of jobs in southwest Virginia. Remember, I reminded you a couple of weeks ago, that we have a blended unemployment rate right now of 8 abouter 8%. 8%. We can't afford a thousand jobs. We can't afford 50. We can't afford two. And when you take those thousand jobs and you think about well, you know, there are six or seven other support jobs that work along with to support those miners that go down in the mines every day now we are talking about thousands of jobs. And when you think about the tax dollars and the money being generated in the economy we are talking about tens of tens of millions of dollars. I hope that you will look at this measure in a regional sort of way. In a way that your neighbor, southwest Virginia is in need and you can help southwest Virginia right now with this coal tax credit. And if we don't, how do we justify the administration's request to spend $50 million right now, no strings attached to help save dulles airport? I like dulles airport. I have flown in and out of it a number of times. But if dulles airport is in trouble, how is it in anymore trouble than southwest Virginia is right now? And southwest Virginia 's coal mining industry. These jobs are real and they are here now. But they will be gone tomorrow if you vote no on this. And that is just the fact. You can look at it. You can go home to your nice homes. You can live with this situation any way you want to live with it, but these people won't have a job, they won't be able to support their families and you know what there is not any kind of alternative energy industry in southwest Virginia for them to go get a job with. I mean they are encouraged to get a job in southwest Virginia with renewable energy companies. Show me one. Go find us one. I will fill out the job applications for people. That is just simply -- that is just simply not happening. The jobs are here today, they are gone tomorrow if you make your vote. I urge you to vote in favor of this important regional bill for your neighbor, southwest Virginia .
[Unknown]
Thank you, Senator. The Senator from Franklin County, Senator Stanley .
Bill Stanley
Rise to speak in favor of Senate bill 44.
[Unknown]
The Senator has the floor.
Bill Stanley
Senator, Mr. President, the Senator from Grayson has hit on a very important topic and it is not just the jobs and way of life and lively hood we are talking about here in the coal country of southwest Virginia but also the ripple effect. The ripple effect it has on the lives of those families that May own businesses who whose brothers and sisters or sons and daughters do not go down into the mines but nevertheless depend on that economy in order to have their small business throw and thrive and to employ other people and goes from the mom and pop store to the restaurant to the tailor. It even goes farther in our economic structure, farther into our corporate structure even outside of the coal fields. I am reminded and Mr. President, I would remind the members of the body just one month ago, 38 train conductors were laid bufff by Norfolk southern. Why? The title in the Roanoke times title said it themselves cuts staffing because of coal. I remind you, once again, that even before that a consolidation effort by Norfolk southern removed 500 jobs from Roanoke. Because of coal. And we even debated that issue whether it was because of coal or other issues but I submit to you, Mr. President, that even Norfolk southern admits it. The article said the railroad has previously acknowledged softness in the coal business and that revenue had fell during the third quarter of 2015 during the same period of 2014 by 23%, Mr. President. And, in fact, Norfolk southern admits that it has taken 300 miles of track out of service. 300 miles of track has been taken out of service by Norfolk southern. Why, do you ask? Norfolk southern tells you because of the softness in the dole industry -- in the coal industry. So you can't deny that if we take these tax credits away, Mr. President, that what you are doing is you are taking out the last underpinning of the foundation of this very critical crucial and vital industry in the commonwealth of Virginia. Not only will we lose thousands of jobs in the coal mines and around the coal mines the ripple effect for small business will be one that crashes starts from this part of Virginia and crashes on the shores of Virginia at our ports where the coal is brought to, to be delivered to foreign markets. And that is something, Mr. President, I think all of us have an obligation to make sure never happens. And for those reasons, Mr. President, I ask that everyone support this very important bill Senate bill 44. Thank you. The Senator from western Fairfax County, Senator Marsden .
Dave Marsden
Thank you, Mr. President. Speak to the bill.
[Unknown]
The Senator has the floor.
Dave Marsden
Thank you, Mr. President. I can't vote to take these jobs away from these individuals. As much as a renewable energy guy as I tried to be, I try to remind people in northern Virginia all the time when they go to turn on the light switch of the pain and suffering and difficulties people have gone through for years to produce that electricity. The danger in the mines. The times when the unions faced all kinds of resistance from the mine owners and deaths that took place. This is a hard business. They have had a hard existence but the one thing I would ask from my friends from southwest Virginia is you get behind the renewable energy world in the future to get those identity with mills on top of your ridge lines and start recognizing the fact that the future for coal is not good, Mr. President, I can't take these jobs away and I will vote in favor of this bill.
[Unknown]
Thank you, Senator. The senior Senator from Virginia beach, Senator Wagner. Thank you, Mr. President. I rise and speak in favor of the bill.
Frank Wagner
The Senator has the floor.
[Unknown]
While thesenators from the southwest side have pointed out the impact. It reaches out to the port of Hampton roads. I will give you numbers here about the amount of tonnage shipped out. In 2012 some 50 million tons of coal shipped out of the port of Hampton roads. 2013 up to 51 million tons of coal. 2014, we lost nearly 20% of the market, down to 40.1 tons of coal. In 2015, we are done to 37 million tons of coal. About half of what we were at the peek and this has a real -- at the peak and this has a real, real negative impact on the jobs there. Study estimate jobs relate to the the activities in moving the coal to the ports and loading it on ships and shipping it out. $900 million of goods and services associated with this. This is not just a southwest Virginia problem, not just a central Virginia or railroad problem, this is a problem across the entire commonwealth of Virginia of hope we would support our friends in the southwest and in effect support ourselves here in Hampton roads also.
Frank Wagner
Thank you. The Senator from Grayson, Senator Carrico .
Bill Carrico
Thank you, Mr. President, if no one else wishes to speak I would like to make a few more comments. Mining is a lot more technical than what most people imagine it to be of a pick and shovel and a cart moving coal out of the coal mines even though it is a dangerous and thankless job it has now evolved into a very technical and experienced job that one needs to have and according to the way that we currently figuring the rates of replacing the jobs and they are good paying jobs it takes three at the current rate jobs to replace one of the of the coal miners. Look at 8,222 jobs and fact there is some a thousand jobs at stake here, that would take approximately 27,000 job to be replaced in southwest Virginia just to get back to where we were about 3,000 if the thousand were lost. And I just hope that that body understands what the technology that is evolving with clean coal plants that we have online now and the ability to reduce the emissions that, you know, coal is not an energy of the past but it can be an energy of the future that we can move forward with and utilize and we can put some of these people back to work and keep the jobs available but the coal tax credit is vitally important to the region to keep the dying industry from dying on the vine and I hope it would be the pleasure of this body to support this effort. The question is shall Senate bill 44 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 7.
Bill Carrico
Ayes 33, nos 7. The bill passes. Moving forward to Page 5. Senate bill 677. The Senator from Chesterfield, Senator Chase .
Amanda Chase
Mr. President, I move that the bill pass and speaking to the bill.
[Unknown]
The Senator has the floor.
Amanda Chase
Mr. President, this is a very simple bill that only changes one word. It changes a shall to a May. It allows localities to decide whether or not they will charge a processing fee for issuing a concealed handgun permit. A locality is seeking flexibility to whether they will decide to charge an additional fee. They should not have to pay a fee for what is a constitutional right under the second amendment. This bill allows it makes it more affordable for people to protect themselves by reducing the cost of owning a gun. I hope it will be the pleasure of the body to pass this bill.
[Unknown]
Thank you, Senator. The Senator from Buckingham, Senator Garrett .
Tom Garrett
Mr. President, would the patron yield for a yes?
[Unknown]
Would the Senator yield for a question.
Tom Garrett
I yield.
[Unknown]
I would ask if she is aware on line 48 it refers specifically to someone who has served in the ncis.
[Unknown]
The Senator from Chesterfield .
[Unknown]
Would the Senator from Buckingham please repeat the request he.
[Unknown]
Mr. President, I would ask the patron if she is aware in the bill on line 48 it refers to an individual who sevenned in the ncis.
[Unknown]
The Senator from Chesterfield .
[Unknown]
Yes, that is correct. I retired.
[Unknown]
Mr. President,.
[Unknown]
The Senator from Buckingham .
[Unknown]
And so I would presume then that the patron is familiar with James todd Smith a.K.A. Sam hannah, a.K.A.L.L. Cool j who has starred in the program ncis for a number of years, Mr. President. Would she be familiar with that individual?
[Unknown]
The Senator from chester field.
[Unknown]
Mr. President, I am not familiar with that individual.
[Unknown]
The Senator from Buckingham .
[Unknown]
Yes, sir. Mr. President. Let me try other angle. I feel like the senior Senator from Henrico must have felt yesterday. Perhaps the patron is familiar with line I believe 47 where if refers to the united states Marshall service. Familiar with that, Mr. President?
[Unknown]
The Senator from chester
[Unknown]
I would be familiar with field. That.
[Unknown]
Would the patron yield for another question?
[Unknown]
Senator, would you like to continue yielding to the Senator ?
[Unknown]
No, I would not, thank you.
[Unknown]
Mr. President, May I speak briefly to the bill.
[Unknown]
The Senator has the floor.
[Unknown]
While the patron May be the only person not familiar with l. L. Cool j and ncis I presume she is familiar with tommy Lee Jones from the 1993 film the fugitive and I 'm curious whether this bill would cover him? Secondly it is possible the up a armed man did kill Dr. Richard kimball's wife and this doesn't address that in the slightest. In line 46 it refers to someone who serve the in the batf. As the homeland security act of 2002 the atf was moved from treasury to justice on January 24 2003 became the bureau of alcohol, tobacco, firearms and explosives, therefore, would the patron yield for a question, I would ask if this only applies to individuals that served in the department formerly known as atf and not those that currently with these sort of ambiguities I serve. Don't know how I can get behind the bill of my copatron.
[Unknown]
I would like to argue that the Senator from Buckingham has too much time to watch tv and if he were a busy of four teenaged kids he would not have time to do that. I move that the about I will pass.
[Unknown]
Thank you, Senator. The Senator from Franklin, Senator Stanley .
Bill Stanley
Thank you, Mr. President. Will the Senator rise for a couple of questions.
[Unknown]
The Senator yield for a couple of yeses.
Bill Stanley
Hey, I rise.
[Unknown]
I would ask the gentle lady to refer to her own bill on line 22 of that bill after the word penalties can she tell me the very next word after penalties and before payment.
[Unknown]
The Senator from Chesterfield .
[Unknown]
Yes, Mr. President, that word would be no.
[Unknown]
Mr. President, will she I would ask the gentle lady to yield? Look at line 24 after the effective until July 1, 2018 after pa ren that cease and before fees.
[Unknown]
That word would be no.
[Unknown]
Thank you, the Senator .
[Unknown]
And final yes would she yield for.
[Unknown]
She yields, Senator .
[Unknown]
I would ask the gentle lady to look at line 40 on sub section b. After 2018 and the closed parens what word is that found in her bill.
[Unknown]
The Senator from the chester
[Unknown]
The word is no on line 40. Field.
[Unknown]
Speak to the bill.
[Unknown]
The Senator has the floor.
[Unknown]
No, no, no. I think it sums up this bill exactly and the patron, no, no, no. Thank you, Mr. President.
[Unknown]
Thank you, Senator. The Senator from Russell County, Senator Chafin .
Ben Chafin
Mr. President, would the gentle lady from Chesterfield yield for a question.
[Unknown]
Would the Senator from the Chesterfield yield for a question?
Ben Chafin
Is this bill that you have
[Unknown]
I yield. Creating the leniency toward people applying for a gun permit.
[Unknown]
Applicants.
[Unknown]
Would that not result in a loss of fees and in fact loss of income for the clerk's office?
[Unknown]
Mr. President, I would answer the question this is giving flexibility to the localities to make the decision. It is not and unfunded mandate. It as choice or decision to be made by the locality whether or not to pay that fee or not.
[Unknown]
The no are from Russell .
[Unknown]
Would the gentle lady yield for another question.
[Unknown]
Would the Senator yield for another aquestion?
[Unknown]
Yes.
[Unknown]
She yields nor.
[Unknown]
Would this not in fact lead to a loss of jobs and perhaps jobs in southwest Virginia as he well as other places?
[Unknown]
The Senator from chester field.
[Unknown]
I would tell the gentleman this would not lead to job redictions or a loss of jobs. If anything it would increase the amount of money that the individuals in his district would have in their pocket because they would not be paying as many fees.
[Unknown]
The Senator from rice sell.
[Unknown]
Mr. President, speaking to the bill.
[Unknown]
The Senator has the floor.
[Unknown]
I'm concerned this is yet another job killing bill and as such I 'm concerned that the pass and could lead to mass job loss throughout the commonwealth and I would like for all of this body to take that into account as you cast your vote either red or green.
[Unknown]
The Senator from Grayson, Senator Carrico .
Bill Carrico
Would the gentle lady yield.
[Unknown]
Would the Senator yield for a question.
Bill Carrico
Yes, Mr. President, I yield.
[Unknown]
She yields, Senator .
[Unknown]
Does the gentle lady realize what tomorrow is?
[Unknown]
The Senator from chester field.
[Unknown]
Tomorrow is Tuesday, Mr. President,.
[Unknown]
Thank you, Senator Grayson .
[Unknown]
That is called crossover. Does the gentle lady realize that tomorrow is crossover.
[Unknown]
Yes, Mr. President, I realize that tomorrow is crossover.
[Unknown]
And does the gentle lady realize that she is just now getting her first bill even after Senator mcmcpike has got one out of here.
[Unknown]
I would actually disagree with the Senator. I chose to keepify mouth quiet and my first bill went by on the uncontested calendar.
[Unknown]
Thank you, Senator .
[Unknown]
Senator.
[Unknown]
You you are saying there is a chance.
Bill Howell
The question is shall Senate bill 677 pass? All in favor of the motion wills opposed no. Aye, those 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 -- the clerk will close -- [laughter]
[Unknown]
The roll.
[Unknown]
Ayes 32, nos 8.
[Unknown]
Ayes 32, nos 8. The bill passes. [applause]
[Unknown]
Moving forward to Page 17. Senate bill 560. Senator from James city county.
[Unknown]
Mr. President, I would move that the bill pass and speaking to the bill, please.
[Unknown]
The Senator has the floor.
[Unknown]
Mr. President, in spite of admonition from my dear friend I have made the motion that this bill pass and there are a couple of things that I think need to be clarified. I appreciate very much that there are those bills that come before us that are troublesome on policy issues and they are those bills that come before us that are troublesome for other external reasons. And so I appreciate the trepidation have some have based on the reaction from the fourth a estate on this bill but I wanted to take the opportunity to clarify a few things. On a backdrop I would ask that you be mindful of the reaction to the bill that the Senator from Stafford had in the resistance that was offered to that. I would remind you of the bill that the Senator from Chesapeake had that passed and the reaction to that. I would remind you that tomorrow in Newport News a case will be held that has been brought against the executive director of the Virginia supreme court and so there is a fair amount that is going on in this arena. One of the inning things I always tried to resist but had a hiccup ounce or twice on the floor asking about motive and I recall that the senior Senator from Henrico brought that to my attention one time when I had a hiccup and I wish that was the only hiccup I ever had but it was very appropriate. There have been suggestions about the motive behind this bill and I want to try to factually share some things with you. Had there been less than a policy motive associated with this, I would suggest to you there are some that would have had the opportunity to put this into the budget which would have been very troublesome to reach and which would not have teed it up and a freestanding bill where there could be a meaningful discussion on it. This came on a hat I wear professionally as a commissioner of accounts. For those that are not attorneys the role of the commissioner of counts is to audit foreclosures and to audit estates to be certain that there are compliance with the law. I would say probably in that capacity literally over the years I have done thousands of audits on foreclosures. And so, here is some things that I would like to share with you. First of all, it has been suggested that if this bill passed that homeowners would not be poe -- potentially not be aware that their home was being foreclosed on. What an absolute fiction. Every time you are late on making your mortgage payment your mortgage company politely sends you a letter and tells you, hey, you are behind on your mortgage and make it current. As you file a -- fall behind on multiple months for whatever reason on each and every occasion you are notified it and it has an aggregate expect. If you miss the first month you owe one month. If you miss the second month to bring the mortgage current you have to pay the full amount so you are notified. If in fact you home is going into foreclosure the mortgage company notifies you in a certified letter, return receipt isrequested is sent out. So there is plenty of notification that takes place. One of the watch words of this session that I have taken notice of is the word transparency. I cannot tell you how many times the word transparency has been kicked around. This bill will actually provide greater transparency and greater notice to the general public of a foreclosure. Right now all localities do not post the notice of a foreclosure sale at the courthouse. Until this bill that notice would be required to be filed at the courthouse. It would further require that is will is be placed on the county website or the clerk's website so it would be on the internet as well. But in addition to that, it would require an abbreviated notice in the newspaper. An abbreviated notice if any of you have looked at inside business on Hampton roads this he have a cover sheet on all of the foreclosures where they indicate the property by address that is being foreclose the on and it makes reference to a more detailed explanation. We would have courthouse notice, we would have internet notice and newspaper notice which far exceeds any transparency that currently exists. I would state that you that I read some absolutely fictitious suggestion that said this was a bankers' bill. I will tell you that I have not discussed this legislation with one bankers. And I defy anyone to find a bankers that I have discussed it with. It is not a bankers' bill. One ill-informed outlet said that that was a bankers' bill because they were getting the money. They obviously do not understand the foreclosure. Do you you know who pays the cost of publishing this complete foreclosure in the newspaper? The home owner pays it. The home owner pays it. It is an itemize the cost that goes back against the home owner on that. I would further suggest to you, ladies and gentlemen, that have is or misnomers about this bill which is absolutely perplexing to me. But what I really do understand is what this bill is all about. This bill is more consumer friendly to virginians who find themselves in economic distress and losing their homes than the law currently exists. This is all about money. It is all about money. And nothing else. The transparency is increase the. It is a cost that is taxed to the homeowners. I just really am quite perplexed but I really am not perplexed about it and I know it creates some discomfort because there are some in this body that are more sensibly sensitive to the h estate than others but there is no motive behind this other than it being a consumer bill that provides greater transparency, less cost to a delinquent home owner losing their home and I would respectfully encourage you with that explanation to support the bill.
[Unknown]
Thank you, Senator. The Senator from western Fairfax County, Senator Marsden .
Dave Marsden
I have a lot of concerns about the future of our print industry and for one selfish reason and that is the folks who normally sit in here and cover the activities here in the Senate and down the Hall and the other body that number has been shrinking year after year after year and so this is a jobs bill. To make sure that we have people who cover the very important work that we do here in the Virginia Senate. And the concern that I have is that when they go away they will be replace by people who don't have editors. Editors check on the varassity of what people and employees are saying. That is what our reporters who cover the Senate and the body dawn the Hall do. It is responsible journalism. I hate to see the day when all we have are unedited people on the internet saying anything they want. We have to support our fourth issue state. It is an important thing do and I would vote against the bill. Thank you,.
[Unknown]
The Senator from Fairfax, Senator Petersen .
Chap Petersen
Thank you, Mr. President,.
[Unknown]
The.
Chap Petersen
The Senator has the floor.
[Unknown]
My only goal is speaking against the bill is what process maximizes is value for the debtor and credit or. What process maximizes the value because if you simply list a property on a website the only people that will go to the website are professional debt buyers. The person driving the foreclosure will be the person with the first deed of trust. It is the person with the second loan or the person with the subordinate loan or the home owner with minimal equity they are the people that will get squeezed out. The only thing that matters to me, I don't care if Richmond times dispatch is writing an editorial or not. Who is protecting the interests of the subordinate creditors and the debtor. In difference to my superior, often times when you foreclose the property the person living in the hughes is a renter. They May get put out on the street and know nothing about this and May have been paying the rent check but somebody was not paying the underlying mortgage and they are the ones who have their belongings moved to the curb and the kids get pull the out of school. They suffer the dislocation. By forcing someone to advertise in the newspaper for four consecutive weeks you give people a little notice ahead of time to they can preserve a little bit of dignity. I am not schilling for the newspaper industry. I can't get an endorsement out of the Washington post to save my life and I 'm okay with that. I think it is oh that this he have a little bit of notice and while the daily newspapers are significantly diminished in the society they do provide opportunity for notice that you otherwise would not get. Thank you.
[Unknown]
The Senator from Roanoke city, Senator Edwards .
John Edwards
Speaking to the bill. I would hope it is the pleasure of the body to vote against this bill. It May come as a shock and surprise to those of a younger age there are people of another age that don't know how to use computers and don't care about computers and wouldn't know what it website is if it hit them in the Head. I know many people, shocking as it is, actually in that category. Mr. President, the reason we have advertising for foreclosures is as the Senator from Fairfax city pointed out is to increase the number of bidders. That is in the interest of the end owner and subordinate lender. The interest of the owner is to make sure there are a lot of bidders out there and unless it is advertised to the news you will miss a lot of people. A lot of people read newspapers and don't necessarily use computers and check websites. You will have fewer people showing up at foreclosures. Prices will likely be lower. Fewer people will know what is going on and so to protect the owners especially protecting the owners I would hope that we vote against the bill to make sure that the ads in the newspapers continue to advertise not just a summary but what is going on with regard to the foreclosure sale. Mr. President, I hope it would be the pleasure of the body to vote against this bill.
[Unknown]
Thank you, Senator. The Senator from Stafford, Senator Stuart .
Richard Stuart
Thank you, Mr. President. Speaking to the bill.
[Unknown]
The Senator has the floor.
Richard Stuart
Mr. President, I think it the gentleman from Roanoke city makes a good point and while I agree with his analysis of giving disclosure, I will think it is important to point out something. Right now the state of Virginia makes this market. And so the state of Virginia says we have to publish someone who is losing their home in the newspaper in full text. What that text would say is pursuant to a deed of trust granted by joe and diane doe on such and such a date, they hereby default the on their property and then they pro ed to proceed to give the property description in the newspaper and great long paragraph and it costs an extraordinary amount of money. You want to get the most people in there for the sale that you can. In fact, it is the trustee's responsibility to do this. Keep in mind that all comes out the pocket of the poor person losing their home and detomed and it losing it. What I would suggest is we adopt the provision and just put an abbreviated version in the newspaper, then the trustee could go and negotiate with the newspaper and maybe get a better Price to put an ad to try to draw people in to the sale. You actually May be helping the homeowner and others in accomplishing that. And I have to respond to one thing. The suggestion that we need to tax people thousands of dollars to post a -- an ad in the newspaper pursuant to a state mandated provision in order to save jobs concerns me a little bit. These are people losing their homes. They can't pay for them. They are losing them. Those are not the people we want to add a couple thousand dollars to their burden. I hope we would pass this bill, Mr. President,.
[Unknown]
Thank you, Senator. The Senator from Chesapeake, Senator Cosgrove .
John Cosgrove
Thank you, Mr. President. Would the Senator from James city county yield for a couple of yeses.
[Unknown]
Would the Senator from James city county yield.
John Cosgrove
I yield.
[Unknown]
The gentleman yield.
[Unknown]
Is there still not a mandated item that has to be published in a newspaper.
[Unknown]
The Senator from James city county.
[Unknown]
Absolutely. Will there have p been issues raise whether there is a contractual relationship between the home opener and mortgage company when it is taken out and sometimes it says the ad must by published three types or ex-due me, once a week -- excuse me once a week for four consecutive weeks. Provision would still have o be complied with if. If it says it must be published three times, it will be published three times. If it says one week for four consecutive weeks it will be. That provision will premain.
[Unknown]
The no are from Chesapeake .
[Unknown]
Would the gentleman yield for a question.
[Unknown]
Do you yield.
[Unknown]
I yield.
[Unknown]
Once that information is on the website, are newspapers allowed to copy that and about out it in the newspaper?
[Unknown]
The Senator from James city county.
[Unknown]
Thank you, Mr. President. What the bill requires is just like in any other foreclose eye situation that the responsibility of the trustee conducting the foreclosure along with the clerk of the court will have the responsibility to send that in the to the newspaper so that will continue to happen. Nothing is disrupted or changed in that regard.
[Unknown]
I thank the gentleman z. Speaking to the bill.
[Unknown]
The Senator has the floor.
[Unknown]
Thank you, Mr. President. Lane, this is nothing more than a forced subsity of a particular industry by the state of for us to say you have to have Virginia. These lengthy ads in any news newspaper. We have been doing it for a long time but it is no the right. Information isdisseminated for other media. For us to pass the bill we showed virginians that we care about them. People have a right to know and they can publish the information if they want to.
[Unknown]
Thank you, Senator. The question is shall Senate bill 560 pass?
[Unknown]
Yes, sir. The Senator from James city county.
[Unknown]
The floor Senator has the floor. It is remarkable come of us do not know what we do not know injury made a cull of votes. Let me tell you in my area the dominant into us paper and some of you in here read it unlike myself that in recent years the prescriptions are falling precipitously and dropped 7% in recent years, the number of people getting hard copies of newspapers. There was a suggestion by a Senator that said oh, my gosh it is on the internet and people h go in and change it. They will not have the ability to change it on the clerk of the court website or the county website. That which is posted will be post the.
[Unknown]
, a third point about the maximization of the value. Let me tell you in 95% of these foreclosures there is only one person at the foreclosure. One person. And it is the representative of the bank or mortgage company that holds the loan and they are coming in to make the only bid. The only bid. One of the senators says well, gosh, if the House is upside down how is there any money to even pay for the cost of the trustee who gets paid by the way? The attorney's fees. Or how do they pay for the newspaper now the. Announcement.The dollar amount s amount and redissed by recording fees and delinquent taxes, delinquent home owner's association and commission to the trustee and the cost of advertising it and that gives you the bottom line that the homeowner gets credit for. Those of you have are attorneys in here knows the term deficiency judgment. That is the difference that the homeowner still owes after the deduction of all of those costs and the mortgage company has the right to go back against the homeowner for every dollar on it. You talk about the maximization of it. Let me tell you only in a few of the sales does anyone other than the mortgage company show up. The curious thing which is perplexing to me about notice is this is requiring multiple notices at the courthouse. In the newspaper. Just like it is now. Only in a more abbreviated form. On the clerk or the county website. There are more people right now there are more people right now there are more people right now