02/16/2016 Senate Proceedings

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Index

HB143—00:03:38
HB226—00:00:28
HB225—00:00:40
HB226—00:00:10
HB225—00:00:40
HB226—00:00:28
HB228—00:00:40
HB226—00:00:17
HB228—00:00:40
HB226—00:00:14
HB323—00:00:56
HB755—00:00:50
HB816—00:00:40
HB815—00:00:10
HB816—00:00:40
HB815—00:00:10
HB816—00:00:40
SB737—00:00:22
SB740—00:30:36
SB568—00:00:14
SB582—00:01:46
SB532—00:00:40
SB582—00:05:50
SB640—00:02:56
SB745—00:02:15
SB395—00:01:42
SB494—00:12:00
SB607—00:00:26
SB395—00:00:26
SB607—00:03:26
SB701—00:03:00
SB748—00:00:20
SB743—00:00:40
SB748—00:08:06
SB743—00:00:40
SB748—00:04:31
SB701—00:00:28
SB582—00:01:38
SB532—00:00:40
SB582—00:14:51
HJ210—00:00:20
SJ62—00:01:32
SJ63—00:06:14
SJ40—00:09:25
SB731—00:34:48
SB416—00:01:14
SB415—00:00:40
SB416—00:00:48
SB751—00:01:30
SB416—00:02:08
SB415—00:00:40
SB416—00:05:40
SB418—00:00:40
SB416—00:00:18
SB415—00:00:40
SB416—00:00:34
SB415—00:00:40
SB416—00:00:22
SB415—00:00:40
SB416—00:01:52
SB415—00:00:40
SB416—00:01:16
SB415—00:00:40
SB416—00:00:20
SB415—00:00:40
SB416—00:01:12
SB415—00:00:40
SB416—00:00:26
SB415—00:00:12
SB416—00:02:03
SB415—00:00:40
SB416—00:00:42
SB415—00:00:40
SB416—00:01:16
SB415—00:00:40
SB416—00:01:50
SB415—00:00:12
SB416—00:01:00
SB415—00:00:40
SB416—00:01:32
SB415—00:00:40
SB416—00:01:36
SB415—00:00:40
SB416—00:01:56
SB415—00:00:40
SB416—00:00:38
SB415—00:00:40
SB416—00:01:36
SB415—00:00:40
SB416—00:01:26
SB415—00:00:40
SB416—00:03:02
SB415—00:00:40
SB416—00:01:25
SB415—00:00:40
SB416—00:00:48
SB415—00:00:40
SB416—00:01:16
SB415—00:00:40
SB416—00:01:42
SB415—00:00:12
SB416—00:00:16
SB415—00:00:40
SB416—00:00:34
SB415—00:00:40
SB416—00:03:22
SB415—00:00:40
SB416—00:01:00
SB415—00:00:12
SB416—00:01:24
SB415—00:00:40
SB416—00:01:50
SB415—00:00:40
SB416—00:01:18
SB415—00:00:40
SB416—00:00:18
SB415—00:00:40
SB416—00:00:16
SB415—00:00:40
SB416—00:00:52
SB415—00:00:40
SB416—00:03:29
SB415—00:00:12
SB416—00:00:54
SB415—00:00:40
SB416—00:02:28
SB415—00:00:40
SB416—00:01:56
SB751—00:09:00
SB731—00:07:37
Sen. Tommy Norment (R-Williamsburg)—00:02
Sen. Siobhan Dunnavant (R-Henrico)—00:02
Sen. Chap Petersen (D-Fairfax)—00:02
Sen. Tommy Norment (R-Williamsburg)—00:40
Sen. Bryce Reeves (R-Spotsylvania)—00:00
Sen. Dick Black (R-Leesburg)—00:02
Sen. David Suetterlein (R-Salem)—00:00
Sen. Tommy Norment (R-Williamsburg)—00:02
Sen. Bryce Reeves (R-Spotsylvania)—00:04
Sen. Dick Black (R-Leesburg)—00:06
Sen. John Cosgrove (R-Chesapeake)—00:02
Sen. Dick Black (R-Leesburg)—00:02
Sen. John Cosgrove (R-Chesapeake)—00:02
Sen. Dick Black (R-Leesburg)—00:02
Sen. John Cosgrove (R-Chesapeake)—00:02
Sen. Bryce Reeves (R-Spotsylvania)—03:41
Sen. Bill Carrico (R-Grayson)—00:04
Sen. Bryce Reeves (R-Spotsylvania)—00:02
Sen. Scott Surovell (D-Mount Vernon)—01:44
Sen. Bill Stanley (R-Moneta)—00:04
Sen. Scott Surovell (D-Mount Vernon)—00:04
Sen. Roz Dance (D-Petersburg)—00:06
Sen. Scott Surovell (D-Mount Vernon)—00:02
Sen. Roz Dance (D-Petersburg)—00:02
Sen. Dick Black (R-Leesburg)—00:04
Sen. Scott Surovell (D-Mount Vernon)—00:06
Sen. Dick Black (R-Leesburg)—00:02
Sen. Scott Surovell (D-Mount Vernon)—00:02
Sen. Dave Marsden (D-Burke)—00:02
Sen. Scott Surovell (D-Mount Vernon)—00:04
Sen. Barbara Favola (D-Arlington)—00:04
Sen. Scott Surovell (D-Mount Vernon)—00:06
Sen. Barbara Favola (D-Arlington)—00:08
Sen. Scott Surovell (D-Mount Vernon)—00:06
Sen. Barbara Favola (D-Arlington)—00:02
Sen. Scott Surovell (D-Mount Vernon)—00:52
Sen. George Barker (D-Alexandria)—00:04
Sen. Mark Obenshain (R-Harrisonburg)—00:06
Sen. Janet Howell (D-Reston)—00:02
Sen. Siobhan Dunnavant (R-Henrico)—00:04
Sen. John Edwards (D-Roanoke)—00:04
Sen. Scott Surovell (D-Mount Vernon)—00:06
Sen. Adam Ebbin (D-Alexandria)—00:02
Sen. Tommy Norment (R-Williamsburg)—00:56
Sen. George Barker (D-Alexandria)—00:00
Sen. Tommy Norment (R-Williamsburg)—00:04
Sen. Bill Stanley (R-Moneta)—00:30
Sen. Ben Chafin (R-Lebanon)—00:04
Sen. Bill Stanley (R-Moneta)—00:04
Sen. Ben Chafin (R-Lebanon)—00:06
Sen. Bill Stanley (R-Moneta)—00:04
Sen. Ben Chafin (R-Lebanon)—00:04
Sen. Bill Stanley (R-Moneta)—00:02
Sen. Ryan McDougle (R-Mechanicsville)—00:04
Sen. Bill Stanley (R-Moneta)—00:04
Sen. Ryan McDougle (R-Mechanicsville)—00:00
Sen. Bill Stanley (R-Moneta)—01:48
Sen. Frank Wagner (R-Virginia Beach)—01:13
Sen. Kenneth Alexander (D-Norfolk)—00:52
Sen. Scott Surovell (D-Mount Vernon)—00:56
Sen. Jill Holtzman Vogel (R-Winchester)—00:04
Sen. Dick Black (R-Leesburg)—00:04
Sen. Scott Surovell (D-Mount Vernon)—00:04
Sen. Dick Black (R-Leesburg)—00:06
Sen. Scott Surovell (D-Mount Vernon)—00:06
Sen. Richard Stuart (R-Westmoreland)—00:04
Sen. Bill DeSteph (R-Virginia Beach)—00:06
Sen. Roz Dance (D-Petersburg)—00:50
Sen. Dave Marsden (D-Burke)—01:34
Sen. Frank Wagner (R-Virginia Beach)—00:28
Sen. Jeremy McPike (D-Dale City)—00:04
Sen. Frank Wagner (R-Virginia Beach)—01:34
Sen. Tom Garrett (R-Lynchburg)—00:04
Sen. Frank Wagner (R-Virginia Beach)—00:04
Sen. Tom Garrett (R-Lynchburg)—00:06
Sen. Frank Wagner (R-Virginia Beach)—00:04
Sen. Tom Garrett (R-Lynchburg)—00:04
Sen. Tommy Norment (R-Williamsburg)—00:00
Sen. Don McEachin (D-Richmond)—00:02
Sen. Dave Marsden (D-Burke)—00:00
Sen. Tom Garrett (R-Lynchburg)—00:02
Sen. Bill Stanley (R-Moneta)—00:02
Sen. Richard Stuart (R-Westmoreland)—00:04
Sen. Bill Stanley (R-Moneta)—00:04
Sen. John Cosgrove (R-Chesapeake)—00:02
Sen. Bill Stanley (R-Moneta)—02:12
Sen. Tommy Norment (R-Williamsburg)—00:04
Sen. Bill Stanley (R-Moneta)—01:52
Sen. Ben Chafin (R-Lebanon)—00:06
Sen. Richard Stuart (R-Westmoreland)—00:04
Sen. Mark Obenshain (R-Harrisonburg)—00:00
Sen. Jill Holtzman Vogel (R-Winchester)—00:54
Sen. Emmett Hanger (R-Mount Solon)—00:56
Sen. Dick Black (R-Leesburg)—00:06
Sen. Emmett Hanger (R-Mount Solon)—00:06
Sen. Don McEachin (D-Richmond)—01:22
Sen. John Cosgrove (R-Chesapeake)—00:06
Sen. Dick Black (R-Leesburg)—00:04
Sen. Jill Holtzman Vogel (R-Winchester)—00:04
Sen. Don McEachin (D-Richmond)—00:04
Sen. Tommy Norment (R-Williamsburg)—00:04
Sen. Emmett Hanger (R-Mount Solon)—00:54
Sen. Jill Holtzman Vogel (R-Winchester)—01:10
Sen. Tommy Norment (R-Williamsburg)—00:00
Sen. Bill DeSteph (R-Virginia Beach)—01:04
Sen. Tommy Norment (R-Williamsburg)—00:30
Sen. Jill Holtzman Vogel (R-Winchester)—00:02
Sen. Chap Petersen (D-Fairfax)—00:04
Sen. Jill Holtzman Vogel (R-Winchester)—00:00
Sen. Chap Petersen (D-Fairfax)—00:04
Sen. Jill Holtzman Vogel (R-Winchester)—00:08
Sen. Chap Petersen (D-Fairfax)—00:04
Sen. Jill Holtzman Vogel (R-Winchester)—00:04
Sen. Tommy Norment (R-Williamsburg)—00:02
Sen. Mark Obenshain (R-Harrisonburg)—00:04
Sen. Jill Holtzman Vogel (R-Winchester)—03:10
Sen. Chap Petersen (D-Fairfax)—00:04
Sen. Bill DeSteph (R-Virginia Beach)—00:08
Sen. Ryan McDougle (R-Mechanicsville)—00:06
Sen. Tommy Norment (R-Williamsburg)—00:08
Sen. Dick Saslaw (D-Springfield)—00:06
Sen. Dick Black (R-Leesburg)—00:10
Sen. Jeremy McPike (D-Dale City)—00:06
Sen. Jill Holtzman Vogel (R-Winchester)—00:04
Sen. John Edwards (D-Roanoke)—00:08
Sen. Tom Garrett (R-Lynchburg)—00:04
Sen. Bill DeSteph (R-Virginia Beach)—00:04
Sen. Don McEachin (D-Richmond)—00:04
Sen. Bill DeSteph (R-Virginia Beach)—00:06
Sen. George Barker (D-Alexandria)—00:04
Sen. Adam Ebbin (D-Alexandria)—00:00
Sen. Bill DeSteph (R-Virginia Beach)—00:06
Sen. Adam Ebbin (D-Alexandria)—01:06
Sen. Bill DeSteph (R-Virginia Beach)—01:16
Sen. Dick Saslaw (D-Springfield)—00:04
Sen. Bill DeSteph (R-Virginia Beach)—00:04
Sen. Emmett Hanger (R-Mount Solon)—00:46
Sen. Creigh Deeds (D-Bath)—00:04
Sen. Emmett Hanger (R-Mount Solon)—00:06
Sen. Creigh Deeds (D-Bath)—00:04
Sen. Emmett Hanger (R-Mount Solon)—00:06
Sen. Tommy Norment (R-Williamsburg)—00:00
Sen. Barbara Favola (D-Arlington)—00:04
Sen. Bill Carrico (R-Grayson)—00:06
Sen. Tommy Norment (R-Williamsburg)—01:34
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Minutes

Called to order at 11:00 a.m. by Lt. Governor Ralph S. Northam

Prayer offered by The Reverend Billy McGuiggan, Church of Christ @
Three Chopt Road, Richmond, Virginia

ROLL CALL OF MEMBERS: quorum present

Motion of Senator Deeds dispensed with reading of Journal (36-Y
3-N)

COMMUNICATION FROM HOUSE (HN10215): reading waived (36?Y 3?N)

The House of Delegates has passed the following House bills: HB 3,
36, 44, 46, 66, 118, 193, 209, 234, 264, 350, 381, 436, 448, 519, 521, 523,
524, 578, 659, 678, 682, 749, 750, 903, 907, 930, 936, 961, 1015, 1059, 1103,
1115, 1230, 1231, 1234, 1250, 1253, 1292, 1299, 1303, 1311, 1321, 1329, 1377

The House of Delegates has agreed to the following House joint
resolutions: HJ 112, 245

The House of Delegates has passed the following Senate bill: SB 545

House bills and joint resolutions referred: see February 17 Senate
Calendar

Leave of absence granted: Senator Newman

CALENDAR 

UNCONTESTED CALENDAR

HOUSE BILLS ON THIRD READING

HB 322 - Read third time, Committee substitute agreed to (voice
vote), Engrossed, Passed Senate block vote (39-Y 0-N)

HB 435 - Read third time, Passed Senate block vote (39-Y 0-N)

HB 559 - Read third time, Passed Senate block vote (39-Y 0-N)

HB 654 - Read third time, Passed Senate block vote (39-Y 0-N)

HB 674 - Read third time, Passed Senate block vote (39-Y 0-N)

HB 706 - Read third time, Passed Senate block vote (39-Y 0-N)

HB 740 - Read third time, Passed Senate block vote (39-Y 0-N)

HB 1026 - Read third time, Passed Senate block vote (39-Y 0-N)

HB 1266 - Read third time, Passed Senate block vote (39-Y 0-N)

HB 1267 - Read third time, Passed Senate block vote (39-Y 0-N)

HB 143 - Out of block, Read third time, Passed Senate (34-Y 5-N)

HB 226 - Out of block, Read third time, Passed Senate (34-Y 4-N),
Reconsideration of Senate passage agreed to by Senate (39-Y 0-N), Passed Senate
(34-Y 5-N)

HB 323 - Out of block, Read third time, Passed Senate (37-Y 2-N)

HB 755 - Out of block, Read third time, Passed Senate (35-Y 4-N)

HB 816 - Out of block, Passed by for day

Transcript

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

[Unknown]
[ gavel banging ] >>> The Senate will come to order. The senators will please take their seats. Those persons not entitled to the privileges of the floor will kindly retire to the gallery. The senators and all in attendance will stand and be led in prayer by the Reverend billy mcguiggan, church of christ at three chopt road, Richmond. Reverend mcgug gan, welcome.
[Unknown]
Pray with me, please. Almighty God, you've created all things and you rule over all things. You are worthy of our greatest phrase and respect. Thank you for instituting an earthly government for the good of your people. Thank you for this nation with its freedoms and blessings. Give these leaders at this very moment in Richmond a renewed zeal for justice and an attitude of servant leadership. Almighty God, we understand it is time, the responsibility on these men and women in this room May be a challenge, so I ask that you encourage them, strengthen them, and give them a spirit of unity that only can come from you. We thank you for these public officials and their guests. Please allow them to lead at all times for the greater good of all people. Please continue to bless them with health, strength, and wisdom and bless their families and loved ones. Almighty God, hear our prayer. Amen.
Bill Howell
All: amen. [ no audio ] >> The clerk will call the roll. All those present will please vote aye. The clerk will close the roll.
[Unknown]
Clerk: you have a quorum, Mr. President. Senate journal for Monday, February 15th, 2016.
Bill Howell
The senior Senator from Bath County, Senator Deeds, moves that the reading of the journal be waived. All in favor of waiving the reading of the journal will record their votes aye, 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.
Creigh Deeds
Ayes-nos 3.
[Unknown]
Ayes 36, nos 3. The reading of the journal is waived. The clerk will report any communications from the House of delegates. The Senator from James city county, Senator Norment .
Tommy Norment
Mr. President, I respectfully move that we waive the reading of any communications from the House of delegates, sir.
Bill Howell
Thank you, Senator. The question is shall the reading of the communications be waived. All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
Tommy Norment
Ayes 36, nos 3.
[Unknown]
Ayes 36, nos 3. The reading of the communication is waived. The clerk will report any communications from the governor.
[Unknown]
We do not have any, sir.
[Unknown]
Thank you, madam clerk. The time has arrived to recognize visitors to the gallery and take up other matters for the morning hour. The Senator from -- junior Senator from Henrico, Senator Dunnavant .
Siobhan Dunnavant
Thank you, Mr. President. I rise for an introduction.
[Unknown]
The Senator has the floor.
Siobhan Dunnavant
I'd like to thank Reverend billy mcguiggan from the church of christ at three chopt road in my district for a beautiful invocation this morning. He moved and join us here from yierd in 1988 and he's been here ever since working on adventures and missions program and also referring his bachelor's in biblical studies and he is now at the church of christ, three chopt, Richmond. I hope you give him the warm welcome of the Senate this morning.
[Unknown]
Sir, welcome this morning to the floor of the Senate and appreciate the wonderful message and I know this is your first time here and we certainly hope you come back and visit us often. Thanks for getting us off on the right food this morning. I'd ask the members of the Senate to please join me in offering the Reverend billy mcguiggan the warm welcome of the Senate. [ applause ]
[Unknown]
The Senator from Fairfax city, Senator Petersen .
Chap Petersen
Thank you, Mr. President. I rise for two announcements.
[Unknown]
The Senator has the floor.
Chap Petersen
Thank you, Mr. President. Ladies and gentlemen of the Senate, one week from today, we will be having the capitol classic as we play basketball against the House of delegates. Tonight is our last practice, so those of you holding back, please come out tonight. I'm still waiting on 11 senatorses to get me their checks. We're halfway to our goal of 10,000. I've had at least one Senator pay over and above his or her amount, so the McWaters exemption still applies for those of you who canned maig the 250, but let me know because I 'd like to get the 10,000 on hand and give that check at the event. One more announcement, Mr. President. The Senator has the floor.
[Unknown]
Thank you, Mr. President. Thursday night, the caucus will be having the first celebration of the team on behalf of myself and the gentlelady from Portsmouth, we're sponsoring the event along with colleagues of the other side of the building. It will be at the southern railway tap House after, of course, the formal dinner here on Thursday evening, but look for details for that. That will be Thursday evening and we'll have representatives of the team in town and again I want to thank the gentlelady from Portsmouth for cosponsoring with me and thank you very much.
[Unknown]
Thank you, Senator. The Senator from James city county, Senator Norment .
Tommy Norment
Mr. President, please let the journal reflect the leeb of absence for the Senator from Lynchburg who is out of town on pressing personal business.
Bill Howell
Thank you, Senator. The journal will so reflect that the Senator from Lynchburg, Senator Newman is away from the capitol on pressing personal business. Is there any other business for the morning hour? Seeing one, the clerk will please call the calendar.
Steve Newman
Senate calendar for Tuesday, February 16th, 2016. Uncontested calendar, House bills on third reading.
[Unknown]
Senator from James city county, Senator Norment .
Tommy Norment
Thank you, Mr. President. I move move that all the House bills on the third reading on the uncontested calendar, which would include all House bills on pages 1 through 6, including House bill 143 through House bill 1267, be placed on the final passage in the block and any Senator desiring to remove a House bill from the block should please do so after the clerk has read the number of that bill.
[Unknown]
Thank you, Senator. The question is shall House bills on the uncontested calendar third reading, pages 1 through 6, House bill 143 through House bill 1267 be placed upon their final passage in the block after the aadoption of any amendments there to, with the understanding that any Senator desiring a bill removed from the block will do so after the clerk has read the number of bill. All those in favor of will say aye. [ ayes expressed ]
Tommy Norment
The ayes have it. The motion is agreed to. The clerk will please read the number of the bill.
[Unknown]
House bill 3, reported from the committee on rehabilitation top.
[Unknown]
The senior Senator, ski that bill be removed from the block.
Bill Howell
Without objection, House bill 143 will come out of the block.
[Unknown]
House bill 226, rorgeted from the committee on rehabilitation and social services. House bill 322, reported from the committee on rehabilitation and social services with a substitute. Institute Senator from Spotsylvania, Senator Reeves .
Bryce Reeves
Thank you, Mr. President. I move the committee substitute.
[Unknown]
All those in favor of will say aye. Those opposed, no. The ayes have it. The substitute is agreed to.
Bryce Reeves
House bill 323 reported from the committee on social services and rehabilitation.
[Unknown]
Mr. President. I move that House bill 323 come out of the block.
Bill Howell
Thank you, Senator. Without objection, House bill 323 will come out of the block.
[Unknown]
House bill 435 reported from the committee on rehabilitation and social services. House bill 559, reported from the committee on rehabilitation and sosh services.
[Unknown]
The Senator from Grayson .
[Unknown]
Mr. President, can House bill 226 come out of the block?
Bill Howell
Without objection, House bill 226 will come out of the block.
[Unknown]
House bill 559, reported from the committee on rehabilitation and social services. House bill 654, reported from the committee on rehabilitation and social services. House bill 674, reported from the committee on rehabilitation and social services. House bill 706, reported from the committee on rehabilitation and sosh services. House bill 740, reported from the committee a rehabilitation and social services. House bill 755, reported from the committee on rehabilitation and social services.
[Unknown]
Mr. President.
[Unknown]
Yes, sir, the Senator from Roanoke County .
[Unknown]
May House bill 755 come out of the block, please.
Bill Howell
Without objection, House bill 755 will come out of the block.
[Unknown]
Thank you.
[Unknown]
House bill 816, reported from the committee on rehabilitation and social services. House bill 1026, reported from the committee on rehabilitation and social services. House bill 1266, reported from the committee on rehabilitation and social services. House bill 1267, reported from the committee on rehabilitation and social services.
[Unknown]
Thank you, madam clerk. The Senator from Roanoke County, did you have another request? All right, good. The question is shall the House bills passed in block, that is, all --
[Unknown]
Mr. President.
[Unknown]
I'm sorry, the Senator from James city county.
[Unknown]
Mr. President, I was a late riser. On Page 5, if you can tai House bill 816 out of the block and pass it bye temporarily.
Bill Howell
Without objection, House bill 816 will come out of the block. The question is shall is House bills pass en bloc, that is, all bills except for 143, 226, 323, 755, and record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 39, nos 0.
[Unknown]
Ayes 39, nos 0. The bills in the block pass. Returning to Page 1, House bill 143, the Senator from Spotsylvania, Senator Reeves .
Bryce Reeves
Thank you, Mr. President. I'd ask that House bill 143 pass, speaking to the bill.
[Unknown]
The Senator has the floor.
Bryce Reeves
Ladies and gentlemen of the body, House bill 143 is a bill that would allow clear alcohol, grain alcohol, to be sold in our abc stores to what used to be 101 proof to 150 proof. Currently there are grain -- brown grain alcohol that's sold in the abc stores that is of that same proof. This would just allow that clear liquid stuff to be at 150. There's no impact on abc. That's the bill, Mr. President.
[Unknown]
Thank you, Senator. The senior Senator from Loudoun, Senator Black .
Dick Black
Thank you, Mr. President. You know, I had initially voted for this. We covered a number of bills rather quickly. You know, I 'm not a tee totaler. I've had a drink william of you here, but I really like the balance that's struck within Virginia between, you know, being able to go out and socially have a drink and having people laying around on the street corners with a bag and a bottle, and I just -- I 'm very uncomfortable in going from 101 proof, which is, you know, that's pretty good stiff drink, and going to 151, which is where you're simply going blasted. I remember in flight training, we used to get a drink called a zombie and I 'm -- and I see the senior Senator from Fairfax is nodding. I'm going to tell you, when you had a zombie, you were a zombie, and frankly, I just think perhaps this is going a little too far, and so I intend to vote against that bill.
[Unknown]
Thank you, Senator. The Senator from Chesapeake, Senator cosgroves.
Bill Howell
Thank you, Mr. Chairmans with the gentleman from Loudoun please yield for a question.
[Unknown]
Would the senior Senator from Loudoun yield for a question?
[Unknown]
I yield.
[Unknown]
He yields, Senator .
[Unknown]
Thank you m pez. I'd ask the former marine and aviator if he's ever heard of bacardi 151.
[Unknown]
The senior Senator from Loudoun .
[Unknown]
I'm sorry, I did not quite get the question.
[Unknown]
Could you repeat your question, Senator ?
[Unknown]
I will, thank you, Mr. President. I will ask the gentleman if he has ever heard of a rum called bacardi 151.
[Unknown]
The senior Senator .
[Unknown]
I would respond that, yes, I have heard of bacardi 151 and, no, I -- I didn't quite catch the gentleman's yes initially because I 'm -- question initially because I 'm a marine, not a navy type of guy, so it took me a while to catch on.
[Unknown]
Thank you, Senator .
[Unknown]
Speaking to the bill, Mr. President.
[Unknown]
The Senator has the floor.
[Unknown]
I hope that we will actually pass this bill. Bacardi 151 has always been available in our abc stores. There's no difference between that chock content and this bill. Why make exceptions? Thank you, Mr. President.
Bill Howell
Thank you, Senator. The question is shall House bill 143 record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 34, nos 5.
[Unknown]
Ayes 34, nos 5. The bill passes. Moving to Page 2, House bill 226. The Senator from response sylvania, Senator Reeves .
Bryce Reeves
Thank you again, Mr. President. House bill 226 is the same bill that I carried which was Senate bill 154. It's a little bit of a christmas tree bill with regard to those entities that are trying to expand their profit base. The nationals specifically here in Richmond. It applies specifically to the cities of Norfolk and Richmond, to nonprofit establishments located in historic venues. That's the bill, Mr. President.
[Unknown]
Thank you, Senator. The question is shall House bill 226 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.
Bryce Reeves
Ayes 34, nos 4.
[Unknown]
Ayes 34, nos 4. The bill passes. For what purpose does the Senator rise?
[Unknown]
Mr. President, having voted on the prevailing side by which we passed hb 226, I move we take that up for reconsideration.
Bill Howell
Thal the vote by which House bill 226 passed be opposed no. Record their votes aye, those are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 39, nos 0.
[Unknown]
Ayes 39, nos 0. The motion is agreed to. The Senator from Spotsylvania .
[Unknown]
Having previously explained the bill, ask the bill pass.
[Unknown]
The question is shall House bill 226 pass. All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 34, nos 5.
[Unknown]
Ayes 34, nos 5. The bill passes. Senator bill 323, the Senator from Spotsylvania, Senator Reeves .
Bryce Reeves
Thank you, Mr. President. It's good to be the alcohol guy. Mr. President, 323 has to do with allowing the Virginia tourism corporation to work within the guidelines of the abc board to work with trademark classes, 16 paper go ahead and printed matters, 18 leather goods, 21 House wears and glass. I just adds to that code section the Virginia tourism corporation and it does not have a fiscal impact on abc.
Bill Howell
Thank you, Senator. The question is shall House bill 323 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.
Bryce Reeves
Ayes 37, nos 2.
[Unknown]
Ayes 37, nos 2. The bill passes. On Page 5, House bill 755, the Senator from Spotsylvania .
[Unknown]
Thank you, Mr. President. 755 has to deal with -- it's another christmas tree bill that has to do for allowing an alcohol license for an establishment in Waynesboro. It does not have a fiscal impact.
[Unknown]
Thank you, Senator. The question is shall House bill 755 pass. Yes, I 'm sorry, Senator if you could make a motion to pass the bill, thank you.
[Unknown]
Mr. President, I move that the bill pass, having previously explained it.
[Unknown]
The question is shall House bill 755 record their votes aye, those all in favor of the motion will 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 35, nos 4.
[Unknown]
Ayes 35, nos 4. The bill passes. House bill 816 on Page 5. The Senator from Spotsylvania, Senator Reeves .
Bryce Reeves
Mr. President.
[Unknown]
The Senator from James city county, Senator Norment .
Tommy Norment
I respectfully ask that bill be passed bye temporarily.
[Unknown]
Thank you, Senator. Without objection, House bill 816 will go bye temporarily.
Tommy Norment
Regular calendar, Senate bills on third reading.
[Unknown]
Mr. President.
[Unknown]
The Senator from Grayson .
[Unknown]
Can we return to the morning hour just briefly?
[Unknown]
That will be fine, Senator .
[Unknown]
Mr. President, the reason I rise is for an introduction and I do this only because I know that these men and women that are siing in the gallery -- sitting in the gallery today are with the Virginia state police and some of them have worked late because of the snow storms and they have to get back to work. I wouldn't do this. I would wait until the end, but I know that some of these have to leave today because of the flooding and the icy conditions and some of us have driven from southwest Virginia and all over this state. I just want this body to welcome them to the Senate today.
[Unknown]
I will. Thank you, Senator. Would members from the Virginia state police please rise. Just as the Senator from Grayson said, we thank you all for being here today, this morning. We also thank you for keeping our streets safe and I know we've had some inclement weather and that puts an extra burden upon you all. So on behalf of the senators and on behalf of our staff, sincerely appreciate your efforts and we pray to God that you all will be safe and continue to be able to do your duties. I would ask the members of the Senate to please join me in recognizing the Virginia state police. [ applause ]
[Unknown]
Senate bill 737, a bill relating to public employers, award of leave from official duties for the benefit of any professional association, labor union, or labor organization, penalty.
[Unknown]
The Senator from Rockingham, Senator Obenshain .
Mark Obenshain
Mr. President, could that
[Unknown]
Without objection, Senate bill go bye for the day. Bill 737 will go bye for the day.
Mark Obenshain
Mr. President.
[Unknown]
The Senator from Spotsylvania .
[Unknown]
I know the Senator from James city asked that hb 816 go by temporarily. Can we just have that go bye for the day on Page 5, hb 816 go bye for the day.
Bill Howell
Without objection, House bill 816 will go bye for the day.
[Unknown]
Senate bill 740, a bill relating to access to electronic textbooks and adequate connectivity. Reported from the committee on education and health with an amendment, which has been adopted and there's a floor substitute.
[Unknown]
The Senator from eastern Fairfax County, Senator Surovell .
Scott Surovell
Thank you, Mr. President. Vlg voted the prevailing side by which we engrossed and passed on Senate bill 4740 to third reading, I move reconsider that vote so we can adopt a floor substitute and make a couple of clarifications.
Bill Howell
Thank you, Senator. The question is shall the vote by which Senate bill 740 was engrossed and advanced to its third reading be record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
Scott Surovell
Ayes 39, nos 0.
[Unknown]
Ayes 39, nos 0. The motion is agreed to. The Senator from eastern Fairfax County .
[Unknown]
Thank you, Mr. President. Put the bill in proper posture, having voted on the prevailing side by which we adopted the committee amendment, I move we reconsider the committee amendment.
Bill Howell
Thank you, Senator prn the question is shall the vote by which the committee amendment was agreed to be reconsidered. All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change the clerk will close the roll. Their vote?
[Unknown]
Ayes 39, nos 0.
[Unknown]
Ayes 39, nos 0. The motion is agreed to. The Senator from eastern Fairfax County .
[Unknown]
Mr. President, I would move the floor substitute -- I 'm sorry, first I 'd waive reading of the floor substitute.
[Unknown]
Senator, with ever to reject the committee judgment.
[Unknown]
I move we reject the committee amendment.
[Unknown]
Thank you, Senator. With the recommendation that it be rejected, the question is shall the committee amendment be agreed to. All those in favor of motion will say aye, those opposed, no. The nos have it. The committee amendment is rejected.
[Unknown]
Mr. President, I move that we 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 motionly say aye, those opposed, no. The ayes have it. The reading of the floor substitute is waived. The Senator from eastern Fairfax County .
[Unknown]
I move we adopt floor substitute and speaking to that motion.
[Unknown]
The Senator has the floor.
[Unknown]
Thank you, Mr. President. Ladies and gentlemen of the Senate, the floor substitute in front of you, all it does is clarifies the intent of the subcommittee, of the committee on education, health and just really quick, it was the welfare. Committee's intent to make clear this bill only applied to students in a specific class that were taking -- using electronic textbooks in a class, so we added the words in a course to line 51 and line 53, and then in subparagraph d, lines 58 through 6, the gentlelady -- the junior Senator from Loudoun pointed out to me that secondary school was ambiguous. Legislative services pointed thaut that it was not defined in the code, so I changed that word to say middle or high school three times. That's the difference.
[Unknown]
Thank you, Senator. The Senator from Franklin County, Senator Stanley .
Bill Stanley
Thank you, Mr. President. Will the gentleman from eastern Fairfax rise for a question?
[Unknown]
Would the Senator yield for a question?
Bill Stanley
I yield.
[Unknown]
He yields, Senator .
[Unknown]
Mr. President, I 'd ask the gentleman on Page 3 of his anticipatory, and I noticed it in the bill but did not get a chance to ask him, on lines 70 and 71 that, there is an exemption to Henry County, which is, of course, in my district. I was wondering if the gentleman would tell why he is exempted Henry County from his legislation?
[Unknown]
The Senator from eastern Fairfax County .
[Unknown]
That was in the original legislation. But the reason Henry County is in there is because Delegate Byron, the chairman of the broadband commission at the time this legislation was vetted asked that be included because of something they were doing in Henry County four years ago and that's why it's still there. That's the best I can answer for you.
[Unknown]
The Senator from Petersburg, Senator Dance .
Roz Dance
Thank you, Mr. President. I rise to ask a question of the patron.
[Unknown]
Would the gentleman yield for a question?
Roz Dance
I yield.
[Unknown]
He yields, Senator .
[Unknown]
I would like to ask, Mr. President, the patron if he has allowed enough time for me, since I brought up the concern yesterday from the school board association and the Petersburg school system, they had concerns, has allowed me enough time to even share this recommended substitution with
[Unknown]
The Senator from eastern them? Fairfax county.
[Unknown]
Mr. President, I would say to the gentlelady from Petersburg, the Senator from Petersburg, the substitute does not change the substance of the bill. The amendments are purely technical in nature. They don't change the substance, and so it basically doesn't change anything, and the bill has been out there -- it was vetted by jcogs three years ago, there was nine hours of hearings over it, the school board association, all the school boards had an opportunity to it was heard in committee, hear it. Subcommittee. I have not heard from Petersburg, but given that the floor substitute is out there and doesn't change the substance, there's for point in sharing anything.
[Unknown]
The Senator from Petersburg .
[Unknown]
Mr. President, could I -- I ask the patron another question?
[Unknown]
Would the gentlemen yield for another question.
[Unknown]
I yeed.
[Unknown]
He yields, Senator .
[Unknown]
I would ask him if he would simply answer my question, if he had allowed me enough time to share his substitute with the two that had concerns yesterday, that is, the school board association and the superintendent of schools from Petersburg. If he'd allowed me enough time. That simple question.
[Unknown]
The Senator from eastern Fairfax County .
[Unknown]
Mr. President, I would say to the Senator from Petersburg that this particular draft of the substitute was given to me at 10:54 a.M. A prior version was given to me in morning around 10:00 a.M., and again, it's a technical -- it changes are purely technical. The bill Petersburg had yesterday would be fine for them to look at if they had concerns and the bill has been out there for weeks, it would be fine as
[Unknown]
Okay. Well.
[Unknown]
Mr. President, I don't feel like I -- maybe I should say, Mr. President, can I ask for a yes or no? That was what it asking to me question.
[Unknown]
I yield, the answer is yes.
[Unknown]
The Senator from Petersburg .
[Unknown]
Mr. President, will the patron yield for another question?
[Unknown]
Would the Senator yield for an additional question?
[Unknown]
Glad to.
[Unknown]
Mr. President, I would ask the patron if by receiving this on my desk when this was delivered and not having time to even share this document with the people that expressed concerns, that he sees that yes or no as adequate enough time for me to allow them to respond to the substitute. Yes or no, Mr. Patron.
[Unknown]
The Senator from eastern Fairfax County .
[Unknown]
Mr. President, I would say to the Senator from Petersburg that I think it's plenty of time given that it's purely technical, so the answer is yes.
[Unknown]
Thank you, Senator. The question is -- excuse me. The senior Senator from Loudoun, Senator Black .
Dick Black
Thank you, Mr. President. Would the gentleman from eastern Loudoun County -- or Fairfax County respond to a question?
[Unknown]
Would the gentlemen yield for a question?
Dick Black
I yield.
[Unknown]
He yields, Senator .
[Unknown]
First, I want to compliment the gentleman on, you know, an effort which is obviously very well intended, but I noticed on both lines 50, Page 2, and on 53 of Page 3, we're talking about students having equal access to, to these, you know, to the devices at their residence as well as at school and I 'm just wondering whether that doesn't suggest a major financial impact for the schools.
[Unknown]
The Senator from eastern Fairfax County .
[Unknown]
Thank you, Mr. President. Again, the concern I think being raised isn't any different in terms of the original bill and the substitute. But happy to address it. First of all, on line 50, it simply makes a policy statement that the policy of the commonwealth, that books, textbooks approved for use be equally accessible to children at school and in their residence. As I said yesterday, the constitution of Virginia says we are required by our constitution since 1904 to give every child a free b textbooks are cheaper, and what school systems are doing is procuring electronic tech books and taking the savings and spending it elsewhere instead of using the savings to purchase computing devices, which Chesterfield County in Arlington were able to
[Unknown]
Would the Senator from eastern Fairfax County yield for a question.
[Unknown]
I yield.
[Unknown]
Thank you, Mr. President. I'd like to just clear up one thing, is that if someone has a private computing device that they want to take to school, would the school system be obligated to provide them with a free one even though they have their own and could use their own both at school and at home? That's the question.
[Unknown]
The Senator from eastern Fairfax County .
[Unknown]
I would answer the gentleman by saying that I do not believe this bill prohibits that. If you read the language of the bill, it says no school system, on line 51, no school system shall require the use of an electronic book in grades 6-12 unless the school board adopt and plan to ensure every child has actual access in school and at home. All they have to do is adopt a plan. It does not state the school system has to buy computers. It says a plan.
[Unknown]
Thank you. The Senator from Arlington, Senator Favola .
Barbara Favola
Thank you, Mr. President. Would the patron yield for a question ym.
[Unknown]
The Senator yield for a question?
Barbara Favola
I yield.
[Unknown]
Perhaps he can enlighten me, but on line 47 of the amendment, it says, quote, adequate connectivity means bandwidth of at least one megabyte per second per enrolled student. Do you know if Fairfax County currently has in terms of this megabyte requirement, and how much -- how much faster would this be? What would the expense be?
[Unknown]
The Senator from eastern Fairfax County .
[Unknown]
Mr. President, I would and the Senator from Arlington by saying that it says one megabit per second, which my understanding is the equivalent of a one-lane freeway, a minor when this was vetted in jcogs requirement. Nobody really expressed any concern about the megabit issue. The issue -- once you have a pipe into a school, it's really more about getting the pipe into the school than it is the size of the pipe from what I -- from my understanding. Especially in Fairfax County .
[Unknown]
Follow-up question?
[Unknown]
Does the gentlemen yield for an additional question?
[Unknown]
He yields, Senator .
[Unknown]
I yield.
[Unknown]
The Fairfax County school board legislative liaison has come to me to state pretty forcefully that this requirement would be a significant increase over what Fairfax County currently provides, and would be extraordinarily costly. Can you enlighten me on that conversation?
[Unknown]
The Senator from eastern Fairfax County .
[Unknown]
Mr. President, I would say the gentlelady from Fairfax that -- I 'm sorry, from Arlington, that I appreciate the fact that the county -- that my locality lobist has spoken to her and not to me, but I haven't heard from him in over a year. So on to the extent my county has any issues with this bill, I 'm completely unaware of them because they haven't bothered to talk to me about them, but having said that, I would final it under usual that one of the largest, wealthiest counties in the united states of america would have issues with broadband capacity in any of the schools. I would further tell the gentlelady that the state is working very diligently on this. Those are us on the broadband commission, the gentleman from Grayson and one other person on it, are very aware of the efforts the state is undertaking to facilitate broadband access at our schools. There's something called the federal e-rate program which vita is currently implementing where they're trying to cut costs at most schools perry 70% by -- by 70%, by providing the cheapest rate to every school in the state. Virginia I think is making an effort to partake in the program and so to the extent Fairfax has issues, I 'm completely unaware of them, but they seem solvable, especially since the bill gives them two years to implement their plan.
[Unknown]
Thank you, Senator prn the Senator from Arlington .
[Unknown]
May I speak to the amendment, Mr. President?
[Unknown]
The Senator has the floor.
[Unknown]
I will just say that if Fairfax County is raising an issue in terms of cost in this requirement and the Fairfax -- eastern Fairfax is correct, it is one of the wealthiest counties in the entire country, I can't imagine the burden in this might be placing on other jurisdictions throughout the commonwealth. So having said that, I am not inclined to support this substitute. Thank you, Mr. President.
[Unknown]
Thank you, Senator. The question on the floor is shall we agree to the floor substitute. All those in favor of the motion will say aye. Those opposed, no. The ayes have it. The floor substitute is agreed to. The Senator from eastern Fairfax County .
[Unknown]
Thank you, Mr. President. Speaking to the bill.
[Unknown]
Sir, you need to engross and advance.
[Unknown]
I'm sorry. Mr. President, I move that the bill be engrossed and advanced to its third reading.
Bill Howell
Thank you, Senator. The question is shall the bill be engrossed and advanced to its third reading all those in favor of the motion will say aye. Those opposed, no. The bill is engrossed and the ayes have it. Advanced to its third reading the Senator from eastern Fairfax County .
[Unknown]
Mr. President, I move that we suspend the rules and dispense with the third constitutional reading.
Bill Howell
Thank you, Senator. The question is shall the rules be suspended and the third constitutional reading 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 39, nos 0.
[Unknown]
Ayes 39, nos 0. The motion is agreed to. The Senator from eastern Fairfax County, Senator Surovell .
Scott Surovell
Mr. President, speaking to the bill, finally.
[Unknown]
Make a motion to pass it.
Scott Surovell
I move to pass the bill and speaking to that motion.
[Unknown]
Thank you, Senator. You have the floor.
[Unknown]
Thank you, Mr. President. So ladies and gentlemen, I tried to heed the advice from the senior Senator and keep it short, but this came out of the committee 14-1, but I 'll try to explain it more loquaciously this time. What as electronic textbook? It is not just like a kindle. It's not just looking at a static pdf. When we took testimony a couple years ago, we learned that are different species of electronic textbooks being used today. Some are very static and you can download on your computer and take home and share back and forth. Others are much more robust. They're like online learning system. There are devicing today where you can do your math homework online and they will give you realtime feedback on how you're doing. If you're having probz with fractions, it will say it looks like you're having problems with this concept. Click on this link and you can get extra homework problemses about click on this link to get a tutorial. Social studies is getting much more robust. The content is very interactive. These devices are great, kids learn digitally. Digital learning skills are critical. You can't get a job working at a jiffy lubout knowing how to use a computer. Kids have to know how to use computers, so schools are starting to transition to that and they're buying electronic textbooks and learning systems, but to save money, what they're not doing is they're not giving every child a device by which they can use them both at schools an add home and that's the problem because our constitution says every kid gets a computer. Let's talk quick about what the bill requires. It's pretty simple. The bill requires basically two things. Number one, it says if a school system wants to use an electronic textbook in a class, not in the system, not in the school, but in a class, they have to give every kid in the class a device -- or they have to have a plan in place to ensure 'kid in the class has a computer they can take back and forth, number one. Number two, the school system has to have a fat enough pipe into the school so it has enough internet for every kid in the school to use it. The third thing is it allows schools to create a pilot program. Now, what the bill does not do, the bill does not require schools to provide broadband in every home. That's getting easier, for those of you who have Cox or comcast or any of these major providers, they actually provide interned today to free and reduced lunch families. There's antitrust laws required, but it's easy to get at home. It does not require broadband in the home. Nobody has to provide that. It does not also require a school system to buy computers for every kid in the system. It does not say that. Anybody who says the bill says that is not reading the bill right. Okay? There's been some people lobbying this bill in the last two days saying things about it, I think -- nobody has come to talk to me about it, but nobody said anything about it at least in the committee hearing we had or said anything to me. I just note for the body, this bill was vetted heavily. We had with nine, ten hours of hearings over one summer about it. We heard from one person in committee opposed to it. It passed committee 14-1. We have a committee system and a committee process and I think we should honor it. I ask the body to pass the bill.
[Unknown]
The Senator from southern Fairfax County, Senator Barker .
George Barker
Mr. President, speaking to the bill.
[Unknown]
The Senator has the floor.
George Barker
Certainly the body as well away, we have some achievement gaps that exist in Virginia with various categories of students for the doing as well in aggregate as other categories of students. These tend to be lower income students, some of whom are special education, some members of various racial and ethnic minority groups. What we're asking is to widen the achievement gap if we do not pass the bill. This bill is something that can help us move toward a system where we narrow that achievement gap and give every student an opportunity to learn equally in the process, rather than having the more affluent students have things at home and the less anrunet students not having the same opportunity.
[Unknown]
The Senator from Rockingham, Senator Obenshain .
Mark Obenshain
Mr. President, speaking to the bill.
[Unknown]
The Senator has the floor.
Mark Obenshain
Mr. President, with due respect, you know, it gets tiresome to have Fairfax tell us how to educate our kids all over the commonwealth of Virginia. Again. And, you know, the gentleman makes good points about what we ought to be striving towards, but you know what? Not every county can do it the way Fairfax County can. Hearing the concerns that were expressed by the gentlelady from Arlington about the capacity of Fairfax County to meet the requirements in this bill -- and it's not just to make a plan, it's to comply with the plan by 2019 -- raises even more significant concerns. If Fairfax County can't do it, how can Petersburg county or other county happen struggle, in my instance, Rappahannock County that has a high composite index, but low ability of working folks to pay the expenses of the school system. This removes the flexibility that school systems have to roll out electronic textbooks in a rotating way. The Senator is right, electronic textbooks May be cheaper than traditional textbooks, but the equipment is not, and if Rappahannock County chooses to buy a few pieces of equipment each year or each month and rotate them among the students, why on earth would we tell them they cannot move in that direction? It does not make sense to take this power grab, grab that power from localities and for us to dictate how it is that we're going to allow localities to roll out electronic textbooks and technology.
[Unknown]
Thank you, Senator. The Senator from northern Fairfax County, Senator Howell .
Janet Howell
Speaking to the bill, Mr. President.
[Unknown]
The Senator has the floor.
Janet Howell
We should have done this ten years ago. We have lost now a generation of 6th to 12th graders that have not had the connectivity and the ability to use technology. Several years ago when I was on jcogs, we recommended this and there is always been resistance from local government. They seem to always be opposed to progress. This is something we can do for our kids to make them competitive, and they have to be competitive not only with each other, but with the whole globe. Three years ago or maybe it was four years ago, I was in south korea. Every family is connected in south korea. Every school is connected. Every child is connected. We are just asking for a minor, minor step forward here in Virginia because these children are going to be competing with those children in korea. Thank you, Mr. President.
[Unknown]
Thank you, Senator. The junior Senator from Henrico, Senator Dunnavant .
Siobhan Dunnavant
Thank you, Mr. President. Speaking to the bill.
[Unknown]
The Senator has the floor.
Siobhan Dunnavant
I would echo what was said, electronic second books and maybe building a library in Virginia have the potential to save us an enormous amount of money and to better educate our children, but this bill does not speak to that. This bill simply says that if a school system or a locality chooses to use electronic textbooks, that those children have a means of accessing that information. You cannot study if you do not have access to the textbooks. The school systems do not have to choose electronic textbooks. They don't have to choose it for an entire school system. They can choose it for a classroom. But if we want our kids to learn, they need to have access to the learning tools. This is a very small step in the right direction. It only says if you give them a book, paper or electronic, that child has access to it and as I understand it, that's in our constitution. I encourage you to vote for the bill.
[Unknown]
Thank you, Senator. The Senator from Roanoke city, Senator diverzs.
[Unknown]
Mr. President, speaking to the bill.
[Unknown]
The Senator has the floor.
[Unknown]
Mr. President, it appears to be a misunderstanding that this bill requires a school board to do anything. It doesn't require them to do anything. What it does say, however, that if they have texts, it should be the policy of the commonwealth that all textbooks grades 6 through 12 should be equally accessible to all students. That's common sense. We should be doing that if we haven't done it anyway and it goes on to say that if they're using electronic textbooks, make sure they're also equally available at school and home to all the students in that particular course, that particular class. Mr. President, this is -- I agree with the Senator from northern Fairfax, we should have been doing this some time ago, but it doesn't add any monetary burden on the school system that don't want to do it, but those who do want to do it, make sure they do it right and make sure all students are treated Mr. President, I hope we support equally. This bill.
[Unknown]
Thank you, Senator. The Senator from eastern Fairfax County .
[Unknown]
Quickly -- speaking to the bill, Mr. President.
[Unknown]
The Senator has the floor.
[Unknown]
Really quickly, just to clarify a couple things I 've heard. First of all, I would hope that no locality in Virginia does what Fairfax does. What they have done as disaster. They have used these things and only the rich kid look at them and the kids that are low income can't. If there's any other system in Virginia doing that, they ought to be taken to the wood shed and sued because it's illegal. The constitution says you can't do it, so I 'm not trying to Fairfax the entire state. I'm trying to do the opposite and get Fairfax to start following our constitution. Number one. Number two, this bill does not require any system, as you have heard, to do anything, to buy electronic textbooks. It says if you're going to do it, if you concludes to do it, here's what you do. Third thing is, it does not -- the only flexibility this bill removes, the only flexibility is a locality's flexibility to break the law. Okay? We're taking that away. It's a good bill, it's been heavily vetted, I came out of committee 14-1 and I again move the bill pass.
Bill Howell
Thank you, Senator. The question is shall Senate bill 740 pass. All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 25, nos 13.
[Unknown]
Ayes 25, nos 13. The bill passes.
[Unknown]
Mr. President?
[Unknown]
The Senator from Alexandria, Senator Ebbin .
Adam Ebbin
Having voted on the prevailing side of sb 740, I move we reconsider that vote so one passionate advocate can cast their vote?
Bill Howell
Thank you Senator. The question is shall the vote by which Senate bill 740 passed be all in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
Adam Ebbin
Ayes 35, nos 3.
[Unknown]
Ayes 35, nos 3. Rule 36-1, the motion is agreed to. The Senator from eastern Fairfax County .
[Unknown]
Having explain the bill, I move the bill bass so I can vote on it finally.
Bill Howell
The question is, shall Senate bill 740 pass. All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 25, nos 14.
[Unknown]
Ayes 25, nos 14. The bill passes.
[Unknown]
Uncontested calendar, House bills on second reading.
[Unknown]
The Senator from James city county, Senator Norment .
Tommy Norment
Thank you, Mr. President. I respectfully move all the House bills on the second reading, including all House bills on pages 7 through 9, including House bill 304 through House bill 1016, that the rules of Senate be suspended and the second constitutional reading of the titles be dispensed with.
[Unknown]
Thank you, Senator. The question is shall the rules be suspended and the second reading of the titles of House bills on the uncontested and regular calendars pages 7 through 9, House bill 304 through House bill 1016, be dispensed with. All in favor of the motion will opposed no. Record their votes aye, those are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
Tommy Norment
Ayes 39, nos 0.
[Unknown]
Ayes 38, nos 0. The reading of the titles is dispensed with. The Senator from James city county.
[Unknown]
Thank you, Mr. President. I move move that all the bills be passed bye for the day.
[Unknown]
Thank you, Senator. The question is shall the House bill on the uncontested clernd goebz. All in favor of the motion will say aye. Those opposed, no. The bills will go bye for the day.
[Unknown]
Regular calendar, Senate bills on second reading. Senate bill 568, a bill relating to involuntary admission, contents of preadmission screening report, notice of hearing. Reported from committee for courts of justice with a substitute.
[Unknown]
Senator Barker .
[Unknown]
Thank you, Mr. President. Could that bill go bye for the day.
Bill Howell
Without objection, Senate bill 5768 will quoebd. Go bye for the day.
[Unknown]
Uncontested calendar, Senate bills on first reading.
[Unknown]
The Senator from James city county, Senator Norment .
Tommy Norment
Mr. President, I now move that all the Senate bills on the first reading on both the uncontested and regular calendar, including all Senate bills on pages 10 and 11, all three of them, that the rules of the Senate be suspended and the fist constitutional reading be dispensed with.
[Unknown]
Thank you, Senator. The question is shall the rules be suspended and the first reading of the titles of Senate bills on the uncontested and regular calendars, pages 9 through 12, Senate bill 548 dispensed with. Through Senate bill 748, be all in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
Tommy Norment
Ayes 38, nos 0.
[Unknown]
Ayes 38, nos 0. The reading of the titles is dispensed with.
[Unknown]
Uncontested calendar, Senate bills on first reading. Second reading, excuse me.
[Unknown]
Senate bill 582, a bill relating to voluntary mergers of credit unions. Reported from the committee on commerce and laeb with a substitute, move the floor amendment.
[Unknown]
The Senator from Franklin, Senator Stanley .
Bill Stanley
Thank you, Mr. President. I move move that the committee substitute be agreed to.
[Unknown]
The question is shall the committee substitute be agreed to. All in favor of the motion will say yea. Those opposed, no. The ayes have it.
Bill Stanley
I now move that we waive the reading of the floor amendment.
[Unknown]
Thank you, Senator. The question is shall the reading of the floor amendment be waived. All in favor of the motion will say aye. Those opposed, no. The ayes have it. The reading of the floor amendment is waived. The Senator from Franklin .
[Unknown]
Yes, Mr. President. I now move the floor amendment and speaking to that.
[Unknown]
Senator has the floor.
[Unknown]
Thank you, Mr. President.
[Unknown]
This is a matter of a bill that's been work an and work on and it came out of commerce and labor last night. The committee amendment then adopted exactly what was in the House version in Delegate Kilgore 's committee and what we wanted to do, I think we're almost close there, but not quite, instead of having the identical bill coming over from the House, what we would have is just one small change in this bill that we can get there into conference. The change itself right now, the merger, it's a limited circumstance merger where two chartered credit unions can merge, but that prevents a federal charter credit union to merge with a Virginia charter credit union. Not that that's impossible. Those federal chartered credit unions merge by merely flipping their charter from a federal charter to a state charter to accomplish the merger. What this does is take that one bureaucratic step out thereof. That's all the amendment does. It makes our Senate bill 582 just a tad different from the House bill so we can get in this conference and get the banks and credit unions to sit down and work this problem out. This one remaining problem that we have. For those reasons, Mr. President, I renew my motion to -- that the body accept the floor amendment.
[Unknown]
Thank you, Senator. The question is shall the floor amendment -- excuse me, the question is shall the -- the Senator from Russell County, Senator chapin.
[Unknown]
Would the Senator yield for a question?
[Unknown]
Would the Senator from Franklin yield for a question?
[Unknown]
I will yield, Mr. President.
[Unknown]
He yields, Senator .
[Unknown]
Does your floor amendment go back to a -- take your bill back to a version -- Mr. President, does the floor amendment take the version of the bill back closer to the way it was presented to the committee?
[Unknown]
Senator from Franklin .
[Unknown]
Mr. President, of the things that were changed, there were three things in the bill. One thing came out. This adds one back in, but it is not the -- it is now not the org bill that I submitted to the committee on commerce and labor, so it is not the same thing that was then amended, but it's not completely different either.
[Unknown]
The Senator from Russell .
[Unknown]
Thank you, Mr. President. I would ask the Senator if the, if the bill that he has, along with the floor amendment, takes away all of the original meaning for which credit unions were created, that is, that they were required to have relationships and memberships.
[Unknown]
Senator from Franklin .
[Unknown]
Mr. President, I would answer the yes by saying, no -- gentlemen by saying no, we in the law allow merger between credit unions to occur in very limited circumstances. Those are only in emergencies and the other one is when the two credit unions share the same field of membership, that is the membership of their bodies. When that occurs, that's the only way you can merge. What this allows for as merger -- and it was explained in commerce and labor, a merger up to an amount of membership limit, 15,000. It allows those mergers to occur in that area. What the bill didn't do was we have both federally chartered credit unions and state chartered credit unions, so this bill in its amended form by the committee only allows two Virginia credit unions to merge, but we have federal credit unions that are here that just have to flip the charter. It's really not the biggest significance in the world. If they were to merge with a Virginia creditin, they take their federal claert and flip it to a state charter and then merge. What this does is they don't have to flip the charter if they want to merge.
[Unknown]
The Senator from Russell .
[Unknown]
I would ask the Senator if this amendment and this bill were to pass, would this not create a situation where state chartered credit unions have a more liberal ability to merge and acquire other credit unions than federal credit unions?
[Unknown]
The Senator from Franklin .
[Unknown]
Mr. President, I would answer the gentlemen by saying, no, ultimately a federal credit union, like a chameleon, can change it's color from a federal credit union to a state credit union and flip its charter and do the same thing. I think these questions, Mr. President, were asked of the gentlemen from Russell before in committee. I know his position on the bill. What we're trying to do is create merger flexibility that protect the month it's that they have, certainly -- the memberships that they have, certainly in situations where a smaller credit union for reasons only to protect the membership are allowed to merge with slightly bigger ones.
[Unknown]
Thank you, Senator. The Senator from Russell .
[Unknown]
I thank the gentlemen.
[Unknown]
Yes, sir, thank you, sir. The Senator from Hanover, Senator McDougle .
Ryan McDougle
Mr. President, would the gentlemen yield for a question?
[Unknown]
Would the Senator from Franklin yield for a question?
Ryan McDougle
I yield.
[Unknown]
He yields, Senator .
[Unknown]
Thank you. If the gentleman could stay in his own space, that would be great. Mr. President, I 'd ask the gentlemen to read this bill, it talks in section a-1, it talks that a merger application is exempt from these conditions and moves down to b and exempts out -- now with this amendment, we would be exempting out mergers between state chartered credit unions. That is true.
[Unknown]
The Senator from Franklin .
[Unknown]
Mr. President, I would answer the gentleman by saying no, we just would not -- with the amendment, we would not be drawing distinctions between a straight and federal charter -- state and federal chartered union. That way a federal can merge with a state, a state with emergency with a state chartered credit union and all would be happy.
[Unknown]
The Senator from Hanover .
[Unknown]
Mr. President, I would ask the -- the gentlemen yield for a further question?
[Unknown]
The gentlemen yield for an additional question?
[Unknown]
I would respond to the gentlemen by saying since he sits next to me, he can ask me this stuff without getting on the microphone, but I would yield anyway.
[Unknown]
I want to make sure the body has the wisdom of this gentleman if we have this conversation. I would ask the gentleman by striking the words in the amendment, doesn't it now say the conditions set forth shall not apply?
[Unknown]
The Senator from Franklin .
[Unknown]
Mr. President, can this bill go bye temporarily while I have this discussion with my seat mait without a microphone?
Bill Howell
Without objection. Senate bill 582 will go temporarily.
[Unknown]
Senate bill 640, a bill relating to proceeds and avails of -- and annuity contracts and life insurance policies, crimes of creditors. Reported from the committee on commerce and labor with a substitute.
[Unknown]
The Senator from Franklin, Senator Stanley .
Bill Stanley
Thank you, Mr. President. I'm back. Now move the committee substitute be agreed to sir.
[Unknown]
The question is shall the committee substitute be agreed to. All throefrs of the motion will say aye. Those opposed, no. The committee substitute is agreed to.
Bill Stanley
I move move that we engross and advance the bill to the third constitutional reading.
Bill Howell
The question is shall the bill be engrossed and advanced to its third reading all in favor say yea. Those opposed, no. The ayes have it. The Senator from Franklin. You're on a roll, Senator .
[Unknown]
I'm a roll. Mr. Present, I now move that we dispense with the third constitutional reading.
Bill Howell
The question is shall the rules be suspended and the third constitutional reading be dissensed with. All in favor of the motion will record their votes aye, those are the senators ready to vote? Opposed no. Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 39, nos 0.
[Unknown]
Ayes 39, nos 0. The motioned agreed to. The Senator from Franklin .
[Unknown]
Mr. President, I now move the bill pass and speaking to that motion.
[Unknown]
The Senator has the floor.
[Unknown]
Mr. President, members of the Senate, Senate bill 640 records insurance policies and the protection of insurance passed unanimously out of policies. Commerce and labor, and basically what this bill does is it protects certain insurance annuities and the cash value of life insurance from creditors, so if a person -- a husband has a health -- or life insurance policy to the benefit of his wife and if there's any judgment, but the wife as beneficiary, then upon his death, it is not subject to taking by a judgment creditor or attorneys or anything else, that it protecting certainly the spouse with the life insurance policy. Now, in that bill, it does carve out exemptions, like people who are trying to defraud creditors or have declared bankruptcy within a certain time, so it's in a very limited way, what we're doing is creating a protected insurance instrument to the benefit that was intended in a cash value annuity, cash value life insurance contract, goes to the person who is -- has earned it and is not subject to the errors or the misdeeds of the person who actually had that life insurance policy previously. So for those reasons, Mr. President, I renew my motion that Senate bill 640 pass.
Bill Howell
Thank you, Senator. The question is shall Senate bill 640 pass. All in favor of the motion will record their votes aye, those are the senators ready to vote? Opposed no. Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 37, nos 0. Rule 36-2.
[Unknown]
Ayes 37, nos 0, rule 36-2, the bill passes.
[Unknown]
Senate bill 745, a bill relating to electric utilities, notice of renewable power options. Reported from the committee on commerce and labor with a substitute.
[Unknown]
The senior Senator from Virginia beach, Senator Wagner .
Frank Wagner
Mr. President, I move adoption of the committee substitute.
[Unknown]
The question is shall the committee substitute be agreed to. All in favor of the motion will say aye. Those opposed, no. The ayes have it. The substitute is agreed to. The senior Senator .
Frank Wagner
Mr. President, I move that the bill be engrossed and advanced to its third reading.
Bill Howell
The question is shall the bill be engrossed and advanced to its third reading all in favor of the motion will say aye. Those opposed, no. The ayes have it. The bill is engrossed and advanced to its third reading the senior Senator .
[Unknown]
Mr. President, I move that the third constitutional reading be dispensed with and the bill be placed on final passage.
Bill Howell
Thank you, Senator. The question is shall the rules be suspended and the third constitutional reading be waived. All in favor of the motion will rec their votes aye, those opposed, no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 39, nos 0.
[Unknown]
Ayes 39, nos 0. The motion is agreed to. The senior Senator from Virginia beach.
[Unknown]
Mr. President, speaking to the bill. What the Senate bill 745 amendment does, it requires that utilities make available either through their website or other notification the percentage of renewable energy to be provided to their customers up to and including 100% renewable energy, and in terms of in order to find their option in terms of renewable energy, so it adds another layer, if you will, of notification that sources would be 100% renewable regardless of whether they are owned by the utility or owned by some other electric generator. With that explanation, I renew my motion the bill pass.
Bill Howell
Thank you, Senator. The question is shall Senate bill 745 pass. All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 30 the, nos 0.
[Unknown]
Ayes 39, nos 0. The bill passes.
[Unknown]
Regular calendar, Senate bills on second reading, Senate 395, a bill relating to investor owned electric utilities, performance for energy efficiency programs, determination of protocol. Reported from the committee on commerce and labor with a substitute.
[Unknown]
The Senator from Norfolk, Senator Alexander .
Kenneth Alexander
Thank you, Mr. President. I move the substitute.
[Unknown]
The question is shall the committee substitute be agreed to. All in favor of the motion will say aye. Month no the ayes have it. The substitute is agreed to. The Senator from Norfolk .
Kenneth Alexander
Thank you, Mr. President. Move that the bill be engrossed reading. And advanced to its third bill be engrossed and advanced
[Unknown]
The question is shall the to its third reading all in favor of the motion will say aye, those opposed, no. The ayes have it. The bill is engrossed and advanced to its third reading the Senator from Norfolk .
[Unknown]
I move that the constitutional reading be dispensed with.
Bill Howell
The question is shall the rules be suspended and the third constitutional reading be dispensed with. All in favor of the motion will record their votes 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 37, nos one.
[Unknown]
Ayes 37, nos one. The motion is agreed to. The Senator from Norfolk .
[Unknown]
Thank you, Mr. President pop move the bill pass and speaking to the bill.
[Unknown]
The Senator has the floor.
[Unknown]
Thank you, Mr. President. Senate bill 395 requires that the state commission to evaluate the establishment of protocols for energy efficiency programs implemented by investor-owned electric utilities.
Bill Howell
Thank you, Senator. The question is shall Senate bill 395 pass. All in favor of the motion will record their votes aye, those opposed no. Have all the senators voted? Are the senators ready to vote? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 31, nos 8.
[Unknown]
Ayes 31, nos 8, the bill passes.
[Unknown]
Senate bill 494, a bill relating to the Virginia freedom of information act, record exclusions, rule of redaction, no wait accorded to public bodies determination. Reported from the committee on general laws and technology with a substitute.
[Unknown]
The Senator from eastern Fairfax County, Senator Surovell .
Scott Surovell
Mr. President, I move the committee substitute.
[Unknown]
The question is shall the committee substitute be agreed to. All in favor of the motion will say aye. Those opposed, no. The ayes have it. The substitute is agreed to. The Senator from eastern Fairfax County .
Scott Surovell
I move the bill be engrossed and advanced to its third reading.
Bill Howell
The question is shall the bill be engrossed and advanced to its third reading all in favor of the motion will say aye. Those opposed, no. The ayes have it. The bill is engrossed and advanced to its third reading the Senator from eastern Fairfax
[Unknown]
Mr. President, I move that county. The rules be suspended and the third constitutional reading be
Bill Howell
Thank you, Senator prn the dispensed with. Question is shall the rules be suspended and the third constitutional reading be dispensed with. All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 39, nos 0.
[Unknown]
Ayes 39, nos 0. The motion is agreed to. The Senator from eastern Fairfax County .
[Unknown]
Thank you, Mr. President. I move the bill pass and speaking to that motion.
[Unknown]
The Senator has the floor.
[Unknown]
Thank you, Mr. President. Ladies and gentlemen of the Senate, Senate bill 444 is a bill to restore foia to what I think everybody thought it said before the sprourt issue an opinion back in September about redaction and about presumptions. Just to give you a little bit of background, in September, the supreme court made a ruling and to read the case, my name is on it and -- but what the ruling basically said was that if there's a single sentence in a public record that's been requested, a record that's one Page, five pages, 20 pages, and there's one sentence in that record that fits in an exemption in identify yeah, that the government is al -- in identify yeah, that the government is allowed to withhold the entire document from bleeg produced instead of redacting the sentence and producing the document. People didn't think that's what foia said and were concerned about it. The second thing the supreme court said is when the government says that certain information is exempt from disclosure and somebody asks the court to review that decision, a court, a judge doesn't come to that scenario and look at it as an even playing field. The judge is required to say, you know what? The government is the expert, these government agents know what's exempt and what isn't, the governments are the specialists and we have to the government's great weight in deciding what's public and what isn't. That concerned a lot of people. A lot of people thought that was like saying you have to ask the fox how many chickens are in the hen House. The whole point of foia is to provide sunshine. After that decision came down, the foia commission asked me to come speak to the commission, they had a hearing and the foia commission decided we needed to do something about this and do it quickly. In concept, they approved this legislation. What this legislation does is three things. Number one, it clarifies foia to make it clear that foia addresses information and records are and not records themselves. And if anybody wants to get deep into the details of that, we can talk about it, but the supreme court has been very pick request about words lately and what individual words mean and we want to make it chris cal clear that foia is about information and not records. In connection with that, it also makes clear on lines 164 to 171 and 81 through 92 that redaction is the preferred method of production. That is f a document can be redacted and produced, we want the government t redact documents and produce them instead of withholding the entire document. That's the first thing it does. The second thing it does, it says if somebody goes to court to challenge what the government is producing in a foia response, that the judge looks at it as a clean slate. The scales are justice are not weighed to the government's side. It's a balanced scale, they look at it evenly. Sometimes agencies have agendas and sometimes they don't want to produce things and sometimes local governments don't or schools don't and colleges don't and we need to give it a level playing field. That's all that says in lines 1447 through 51. The third thing is bill does is it says the intent of the bill is to restore the law so what it was in September of 2015 last year so nobody else is being affected. That's what it does. I had just note that this legislation is approved in concept by the foia commission. It was also approved bit House of delegates about 30 minutes ago 99-0, and it's a good bill and I hope the body would support it and I would be happy to answer questions.
[Unknown]
The Senator from Fauquier County, Senator Vogel .
Jill Holtzman Vogel
Thank you, Mr. President. Speaking to the bill.
[Unknown]
The Senator has the floor.
Jill Holtzman Vogel
There was a little bit of yesterday when it came up in confusion about this bill committee and I can see from the votes, I just fell like a little bit of clarification would be helpful to the body. I think that some of the people who voted against the bill, I think perhaps voted against it merely -- not because of the substance of the bill, but because they believe that there was an adverse ruling in the supreme court and the fact that the legislature was coming back and doing this clean-up was somehow improper, but I would like the members of the body to understand something. In the ordinary course of document production, if there is a sensitive component to a piece of the document, some portion of the document, it is always the common practice that you simply redact that line, you redact that name that, piece of information. It is never the case that you are able to then withhold the entire document. I think that is not good policy and certainly not the practice that we would want to adopt. And so I think that the Senator was actually doing something that is actually what we always do and is good practice, and so I would just want to make that clarification and encourage the body to support the bill.
[Unknown]
Thank you, Senator. The senior Senator from Loudoun, Senator Black .
Dick Black
Thank you, Mr. President. Would the gentleman from eastern Fairfax County rise?
[Unknown]
Would the Senator yield for a question.
Dick Black
He yields, Senator .
[Unknown]
I yield.
[Unknown]
The thing that has sort of got my attention when I looked at it was that this was a document from the department of that what you're doing is something broader in scope. I mean, very used in scope relative to that one thing. Would anything that we're doing corrections and I understand here prevent the department of corrections or some other very sensitive department like that from doing very, very extensive redactions that might leave a document relatively -- relatively content-free when it reaches you?
[Unknown]
The Senator from eastern Fairfax County .
[Unknown]
Thank you, Mr. President. What I would say to the senior Senator from loud deposit, Mr. President, is that -- Loudoun, Mr. President, is there's nothing prohibiting this and if they would concludes to do that and whoever it was that requested the document didn't like what they did or thought they exceeded their authority, they could then go to a court and ask the judge to review it and the judge would take the document back in chambers and look at it in camera, what means without everybody else looking at it, and decide whether they made the right decision or not and either affirm of the decision of the public body, whether the department of corrections or anybody else, or say they made the wrong decision and they have to release more information because some of that information they redacted really is not exempt. So that's all it does. It's more about process than
[Unknown]
Further question. Substance.
[Unknown]
Would the Senator yield for an additional question.
[Unknown]
Happy to yield.
[Unknown]
He yeed yields, Senator .
[Unknown]
Could the gentleman explain why the supreme court made the decision it did with the understanding -- I understand what the gentlelady said and the general rule is the rule of redaction. Was it simply a -- something in statutory construction or just what?
[Unknown]
The Senator from eastern Fairfax County .
[Unknown]
I'd be happy to answer the gentleman. As I said earlier, the supreme court has been placing a lot of weight on individual words lately and that's fine, that's their prerogative, but what they said was the way foia was drafted, in some xempingss, it referred to the word portions of document. And the supreme course said because we used portions in some exemptions and not in others, we meant to say the entire document goes out, but other exemptions, we meant to say you can redact, but most people understood foia didn't think we were thinking in our committees all that precisely when we threw the word portions into exemption here or there, so that's why everybody was so alarmed by the decision. That's why we introduced this clarifying language to make it clear that redaction is the preferred policy.
[Unknown]
I thank the gentleman.
[Unknown]
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 rise in support of the bill and I 'll try to be brief and explain why what we caw the foia act, the freedom of information act, and the gentleman from Fairfax is exactly right. It's about disclosing information to the public about what's going on in government. And I think most of us support that process. It would be pretty dangerous if we did all this in secrecy and that's what a decision like this could lead to. Because if you adopt a policy that if you redact a portion of a document, you don't have to provide any of the information in the document, I think that could be a pretty dangerous result. And if you extrapolate from the court's decision, and I think we should focus less on the court's decision and more about what the freedom of information act is for, you could end up with a process where the smallest redaction could lead to all the information that should have been disclosed to the public being withheld, and that's not what we intended when we adopted the freedom of information act. And I think this is an important bill and it clarifies a very important provision, and I hope you all will support it.
[Unknown]
Thank you, Senator. The junior Senator from Virginia beach, Senator DeSteph .
Bill DeSteph
Mr. President, speaking to the bill.
[Unknown]
The Senator has the floor.
Bill DeSteph
Mr. President, yesterday I just wanted to explain my no vote on this. We were handed about three minutes before we had to vote on this a 55-Page substitute with quite a few changes. When we came to the point of which we had to vote on this, I had only gone through about 25% of it. Last night, I review the rest of the substitute and fully support the bill now. However, comma, yesterday at the time, since I didn't have a chance to read a 55-Page substitute and all of the changes, I didn't think it was right to support it. Thank you.
Bill Howell
Thank you, Senator. The question is shall Senate bill 494 pass. All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 38, nos one.
[Unknown]
Ayes 38, nos one. The bill passes.
[Unknown]
Senate bill 607, a bill relating to the occupational state of and health --
[Unknown]
For what purpose does the Senator rise?
[Unknown]
Mr. President, having voted on the prevailing side where we passed Senate bill 395, I ask we reconsider the vote.
Bill Howell
The question is shall the vote by which Senate bill 395 pass be record their votes aye, those opposed no. Have all the senators voted? Are the senators ready to vote? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 39, nos 0.
[Unknown]
Ayes 39, nos 0. The motion is agreed to. The Senator from Norfolk .
[Unknown]
Thank you, Mr. President. Having previously explain the bill, I move that the bill pass.
[Unknown]
Thank you, Senator. The question is shall Senate bill 395 pass. All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 30, nos 9.
[Unknown]
Ayes 30, nos 9, the bill passes.
[Unknown]
Senate bill 607, a bill relating to the occupy patient safety and health program applicable to employees of agencies of the commonwealth, political subdivisions, and other public bodies. Reported from the complote commerce and labor.
[Unknown]
The Senator from Petersburg, Senator Dance .
[Unknown]
Thank you, Mr. President. I move that the bill be engrossed and advanced to its third reading.
Bill Howell
Thank you, Senator. The question is shall the bill be engrossed and advanced to its third reading all in favor of the motion will say aye those opposed, no. The ayes have it. The bill is engrossed and advanced to its third reading the Senator from Petersburg .
[Unknown]
Thank you, Mr. President. I move that we dispense with the third constitutional reading.
Bill Howell
Thank you, Senator. The question is shall the rules be suspended and the third casual reading be all in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 38, nos 0.
[Unknown]
Ayes 38, nos 0. The motion is agreed to. The Senator from Petersburg .
[Unknown]
Thank you, Mr. President. I move the bill pass and speaking to the bill.
[Unknown]
The Senator has the floor.
[Unknown]
Senate bill 607 directs the commission of labor and industry of the safety and health board to adopt regulations for enforcing the occupational and health program applicable to employees of the commonwealth, its agencies, institutions, public subdivisions or any public body. The measures provides that these regulations and procedures phone forcing the program should include provisions for the issuance of proposed penalties, the payment of such penalties, or negotiated sum in lieu of such penalties. Under the deposit of such payments into the general fund of the state treasury. In the past, Virginia adopted a state plan to enforce the safety and health laws in the commonwealth at least in part to extend the protections of those laws to employees of the commonwealth. Federal occupational safety and health administration has no jurisdiction over state and local government entities. By regulation adopted previously, the protections of the Virginia occupy patient safety and health law -- occupational safety and health law were extended to government however, no imposition of employees. Penalties were propositived at that time. Over the last eight years, 29 fatalities have occurred in state and local government employees. The deterrent effect of a penalty can reduce this number by encouraging compliance. The private industry businesses are required to comply with osha and, in fact, they proudly display their weeks and months of having no incidents with their employees. The hope is that this legislation would allow the same for government employees. And Mr. President, 20 of the 28 states and territories have occupational safety and health programs that cover state and local government entities. They impose penalties. I move that this bill pass.
Bill Howell
Thank you, Senator. The question is shall Senate bill 607 pass. Record their votes aye, those all in favor of the motion will 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 28, nos 11.
[Unknown]
Ayes 28, nos 11. The bill passes.
[Unknown]
Senate bill 701, a bill related to cannabidiol oil and thc-a oil, permitting a pharmaceutical processors to never and provide. Reported from the committee on education and health with a substitute. And from the courts of justice committee with a substitute.
[Unknown]
The Senator from western Fairfax County, Senator morrison.
[Unknown]
Thank you, Mr. President. I would ask that we reject the committee amendment from -- the constitute substitute from the committee on education and health and so with a recommendation that we approve it, I recommend that it be rejected.
[Unknown]
Thank you, Senator. With the recommendation that it be rejected, the question is shall the ed and health subcommittee be agreed to. All in favor of the motion will say yea. Those opposed, no. The nos have it. The substitute is rejected. The Senator from western Fairfax County .
[Unknown]
Thank you, Mr. President. I move that the substitute from the courts of justice committee be agreed to.
[Unknown]
The question is shall the courts substitute be agreed to. All in favor of the motion will say aye. Those opposed, no. The ayes have it. The substitute is agreed to. The Senator from western Fairfax County .
[Unknown]
Thank you Mr. Speaker president. I move that the bill be engrossed and advanced to its third reading.
Bill Howell
The question is shall the bill be engrossed and advanced to its third reading all in favor of the motion will say aye. Those opposed, no. S the ayes have it. The bill is engrossed and advanced to its third reading the Senator from western Fairfax .
[Unknown]
Thank you, Mr. President. I move now that the rules be suspended and that the third constitutional reading of the bill be waived.
Bill Howell
Thank you, Senator. The question is shall the rules be suspended and the third constitutional reading be dispensed with. All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 38, nos 0.
[Unknown]
Ayes 38, nos 0. The motion is agreed to. The Senator from western Fairfax County .
[Unknown]
Thank you, Mr. President. I move that the bill pass and speaking to that measure.
[Unknown]
The Senator has the floor.
[Unknown]
Thank you, Mr. President. Senate bill 701 create and path for the processing of cbd and thc oils made available to individuals with intractable epilepsy last year by there body. These individuals have to have a physician's certification that they have the disorder. The bill authorizes the board of pharmacy to begin the regulatory process to determine health, safety and security requirements. The bill also requires that the operation be overseen by a registered pharmacist and requires annual inspections. The bill also has a reenactment clause that will enable this body to review the regulations and make junchs to the bill in the 2017 session and I renew my motion to pass the bill.
Bill Howell
Thank you, Senator. The question is shall Senate bill 701 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 35, nos 3.
[Unknown]
Ayes 35, nos 3. The bill passes.
[Unknown]
Senate bill 748, a bill relating to the economic development infrastructure act of 2016, voluntary program authorizing public utilities to offer special rates and service to support economic development in the commonwealth. Reported from the committee on commerce and labor with a substitute, and there are two floor amendments.
[Unknown]
The senior Senator from Virginia beach, Senator Wagner .
Frank Wagner
First, Mr. President, I move that we adopt the committee substitute.
[Unknown]
The question is shall the committee stat be agreed to. All in favor of the motion will say aye, those opposed, no. The ayes have it. The Senator from Virginia beach.
Frank Wagner
I move we waive the reading of the floor amendment.
[Unknown]
The question is shall the reading of the floor amendments be waived. All in favor of the motion will say aye, those opposed, no. The ayes have it. The reading is wavered. The senior Senator from Virginia
[Unknown]
Mr. President, speaking to beach. The floor amendments, what they have done is there was some concern from the propane industry that this would somehow have impacted their ability of their existing customers to deliver propane. This particular floor amendment comes at the request of those patrons and I ask we adopt the floor amendment.
[Unknown]
Thank you, Senator. These floor amendments are in bloc, Senator ?
[Unknown]
Yes.
[Unknown]
The question is shall the floor amendments -- the Senator from Prince William, Senator McPike .
Jeremy McPike
Will the senior Senator from Virginia beach yield for a question?
[Unknown]
Would the senior Senator yield for a question?
Jeremy McPike
I yield.
[Unknown]
He yields, Senator .
[Unknown]
Under this amendment, would the provisions allow a utility provider to convert and if he can explain this, the existing utility, if it's provided to a facility, this provision would cover the costs of converting to a -- in addition to the cost to the existing rate pairs?
[Unknown]
Mr. President, I respond by saying this is an exemption clause. It counties be used for this -- cannot be used for this purpose and so it falls under that section of the amendment. If you refer to line 98, it says -- or line 92 of the substitute, it says nothing in the section shall, and then you add in permit a utility to convert an existing retail propane to electric or natural gas, so this is a provision that exempts using the provisions of this bill to convert over to electric or natural gas from a customer that is currently using profane.
[Unknown]
I thank the Senator from Virginia beach, thank you.
[Unknown]
Thank you, Senator. The question is shall the floor amendments be agreed to en bloc. All in favor of the motion will say aye, those opposed, no. The floor amendments are agreed the ayes have it. To. The senior Senator .
[Unknown]
Thank you, Mr. President. My seat mate is in a bit of a funk today, but we'll work our way through it. I ask that the bill be engrossed and advanced to its third
[Unknown]
The question is shall the reading. Bill be engrossed and advanced to its third reading. All in favor of the motion will say aye. Those opposed, no. The ayes have it.
[Unknown]
I ask the third constitutional reading of Senate bill 748 be dispensed with.
Bill Howell
The question is shall the rules be suspended and the third constitutional reading be dispensed record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 39, nos 0.
[Unknown]
Ayes 39, nos 0. The motion is agreed to. The senior Senator .
[Unknown]
Mr. President, a little background on why the bill was put in. First, this bill does not come at the request of any utility, did not come from the request of the economic people. This came as actually a legislator every once in a while has come up with a good idea. One of the things that concerns me, you go down the list of those sites ready to be developed in Virginia, you fipe there's one, one site that's ready to be developed in Virginia. There's a couple on what they call level four, level five being ready to roll, level four being, I think there's like three, almost ready to go. And then it drops down and the biggest category being, gee, this might be a great place to have an economic development site. And when I looked at that and when I looked at our competitor states, particularly those to the south of us, north carolina, south carolina, and georgia, and sometimes we scratch our Head and wonder why are all these big companies moving to those areas and not coming to Virginia ? When you start to analyze it, one of those things you realize is that they have sites ready to go. So if I have an economic development pros speck looking for a 6-, 700-abe ker site, I can take them to Virginia and say here's 6- or 700 acres and we might be able to get utilities and infrastructure there, but we want you to commit to this site. Then you take a trip down to atlanta and the people in economic development take them out and say here's a site ready zo roll, plug n you're good to go, and here's the deal we'll cut you. A big difference. And if you look at the governor's budget submission this year, as you go through the budget, you'll realize there is hundreds of millions of dollars being put into economic development. Trying to transform Virginia 's economy over there, but we have on our books one of the those kind of little weird catch-22 chicken-egg things that says we can't bring you yules until there's a -- utilities until there's a customer on the back end. That's not the case in some of our competitor states. They can actually make that investment to bring the utilities in and then go around and market that site as ready to and so this is an attempt to do go. That. Believe me, I had to bring the utilities to my office many times over, bring the state corporation commission to my office, bring the Virginia economic development partnership to my office and what you see here as compilation of a whole lot of good ideas taken off of other states and trying to pattern what they do in other states with Virginia. And what we're saying here is that the utilities can come in to a site and get the right of way, not actually build the lines, because nobody is sure how much electricity is going to be needed, nobody is sure how much natural gas is needs, but it will assure that the right of way is there so we can move that site up to a level five site ready to be developed, ready to go on. Now, the utilities can apply for a rate adjustment clause for that, and recover those costs of the right of way, whether it's a gas utility or electric utility. You say wait a minute. Wait a minute. You mean you're asking the customers, the rest of the customers to pick this up and in the rate adjustment clause? And yes, we are, but if you read down in the bill, what we say is once the customer is hooked up to it, there's a surcharge charged. So our rate pairs get paid back for the investment they've made. And there's have much a strict limit. It's not anybody, you don't come in and say I got a 600-acre farm and I want to invest for development, start running jults. You can't do that. The Virginia department of economic development has to certify this as a developable piece of property that has a bringing a customer there. Reasonable expectation of once that's done, the economic development authority can now apply, along with the utility, to the state corporation commission for that rate adjustment clause and if you read through, there's very specific language about the requirements that must be met in order for this to happen. There's clearly a payback on the other side. But when you add up how much money we're getting ready to use of taxpayers money in various economic development programs and add that up, this is really not costing my constituents or your constituents a nickel. We're kind of using this as an interest-free bank, if you will, to invest in that infrastructure with a payback on the back side. That's what this bill does, and I think it's imperative that we can turn around -- it's pathetic when you think of a state of our size and you come in and there's one site, one site. When you look at the emphasis we're trying to put on economic development, there's one site and maybe three or four other sites and we ought to have 30 or 40 sights all over the state -- sites all over the state. That's where we should be. This is an attempt to overcome a knewans if our code that says you got to have the chickens before you can have the egg and in this place, we're trying to put the egg down and hopefully the chicken will come. With that explanation, Mr. President, I move the bill pass.
[Unknown]
The Senator from Buckingham, Senator Garrett .
Tom Garrett
Thank you, Mr. President. Would the patron yield for a question?
[Unknown]
The senior Senator yield for a question?
Tom Garrett
I yield.
[Unknown]
He yields.
[Unknown]
Mr. President, query. In the interim before the business -- before the economic employer or the growth occurs, who pays the bill?
[Unknown]
The senior Senator .
[Unknown]
Mr. President, I would say when the rate adjustment clause would actually appear back on the customer's bill, probably a tenth of a penny if that.
[Unknown]
Mr. President, further question.
[Unknown]
Would the gentlemen yield for an additional question? He yields, Senator .
[Unknown]
If the investment doesn't fan out, then how is the payment recouped?
[Unknown]
The senior Senator .
[Unknown]
Mr. President, I suppose you always take the chance that the investment May never pan out, but everything I 've seen, land is always eventually developed. Once it's paid off, the few pennies it takes, it might be a million, two million dollars to et the good right of way, it's recovered. There's no more further and it stays right there and eventually that property will be developed, but you're taking your chance. But then again, I 'd respond to the gentleman, when we make a $10 million investment in r&d credit, what guarantees do we have that the taxpayer is paid back on that? There's many of them in this knowledge. What guarantee do we have that the -- in this budget. What guarantee do we have that the taxpayers who made that investment gets paid back on that? When you look at our competitor states, I would respond to the gentleman that they are making that investment and doing something extremely similar to this and look how much success they've had vis-a-vis the discuss we've shared here in Virginia ?
[Unknown]
Mr. President, speaking to the bill.
[Unknown]
The Senator has the floor.
[Unknown]
Mr. President, it is an honor to serve there body and I 'm a big fan of the senior Senator from Virginia beach, but I never before I might actually learn the answer to the what comes first, the chicken and the egg, I and I learned today that you might have to have an egg before you get the chicken. We know who pays, it's going to be the customers. We know if the investment doesn't pan out, the customers are on the hook. We don't know who picks the property -- I guess vebd, and I 'm troubled by that, the taxpayers paying the interest in the interim, so I think what the code of Virginia has reflected here to foreis we're delighted to help economic investment and infrastructure when we know we have it, but I would ask everybody in this chamber seriously to go to your electronic devices and google search tuckahoe creek service district. Please. Seriously, somebody. Somebody is faking like they're doing it. That makes me feel better. The tuckahoe creek service district is in my Senate district and it May turn out to be a wonderful investment, but when it was put in over a decade ago, there was a whole lot of expectation of growth and none of which occurred and what happened then was a locality had to finance a lot of infrastructure that was not generating any revenue by which to finance itself. So for years to come, we're burdened by visions of growth that simply did not come to fruition. Tuckahoe creek service district. That's an extraordinarily well run locality, but sometimes when you gamble you lose, so with all due respect to the Senator who has done just about more than ib in the chamber to look at creative way of to grow Virginia 's economy and help Virginia 's energy policies, I think this bill is risky and I think there's a reason that we have to have this chicken before we have that egg, that we have to have this investor before you the infrastructure and that is we don't want to roll the dice with other people's money. Thank you, Mr. President.
[Unknown]
Thank you, Senator. The Senator from James city county, Senator Norment .
Tommy Norment
Mr. President n light of fact this bill came out of committee 14-1, I move the pending question.
Bill Howell
The pepping question has been moved -- pending question has been moved to pass the bill. All in favor of the pending question will record their votes aye, those opposed, no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
Tommy Norment
Ayes 27, nos 11.
Bill Howell
The pending question is approved. The question is shall Senate bill 748 pass. All in favor of the motion will record their votes aye, those are the senators ready to vote? Opposed no. Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 33, nos 6.
[Unknown]
Ayes 33, nos 6. The bill passes. Madam clerk, if we can -- yes, for what purpose does the Senator rise?
[Unknown]
I rise for a motion, Mr. President.
[Unknown]
The Senator has the floor.
[Unknown]
Having voted on the prevailing side by which we approved of Senate bill 701, I ask that we reconsider that vote.
[Unknown]
Thank you, Senator. The question is shall the vote by come Senate bill 701 was passed be all in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 39, knows zero.
[Unknown]
Ayes 39, nos 0. The motion is agreed to. The Senator from western Fairfax County .
[Unknown]
Thank you, Mr. President. Having previously explained the bill, I move that the bill pass.
Bill Howell
Thank you, Senator. The question is shall Senate bill 701 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 37, nos 2.
[Unknown]
Ayes 37, nos 2. The bill passes. Madam clerk, if we could return to Page 9 to Senate bill 582.
[Unknown]
Mr. President.
[Unknown]
The Senator from Buckingham .
[Unknown]
Thank you, Mr. President. Disregard, Mr. President. I apologize.
[Unknown]
Thank you, Senator. Senator Stanley, on Senate bill 582, when we left off, we were -- you mad made a motion to agree to the floor amendment. Do you have any further comments?
[Unknown]
Thank you, Mr. President. Currently in its posture, I 'm asking that the floor amendment be agreed to. I talked about it in the sense that we're just tweaking there bill, which is otherwise the same as the bill in the House, to get both the credit unions and the banks together to make a final agreement or this by doesn't go anywhere. What my seat mate, the gentleman from Hanover, had was there a glitch in the wording, and just as you May recall, Mr. President, when he introduced me the first time I was on the floor of the Senate and he called my legislative aid brian o'connor, he called my brianne, it seems his grammatic cal structure was again out of wlak. We're now in agreement, but not using microphone, that the bill says what it's supposed to say and there wouldn't be a furs change required. Mr. President, I would say I told you so. Then I would say, Mr. President, that I move the passage of the floor amendment.
[Unknown]
Thank you, Senator. The Senator from Stafford .
[Unknown]
Mr. President, speaking to the amendment.
[Unknown]
The Senator has the floor.
[Unknown]
Mr. President, I 'd only point out to the body on that this issue was discussed in commerce and labor pretty much at length and while the Senator from Franklin May believe that the gentleman from Hanover didn't read the bill correctly, I can tell you that I 've read it correct. And it vastly broadens what he wanted to dos it a violates what I would say the spirit of the compromise was in the committee on this bill. [ captioning will resume shortly ]
[Unknown]
I thank the Senator. Senator from frankfort. Mr. President, if I can, just finally put a fine point on this, in the committee which I serve on, and certainly we don't have to go through chapter and verse, I was not given a chance to put this in a different posture than in the House of delegates, so that we would agreed to was not exactly negotiate, because what was agreed to by both sides, the staying holders in this piece of legislation and they need one more sitting down which I will do when this gets into the con freansd we're either going to fix this or rest assured, I promise the gentleman from star ord -- Stafford, what you will see is a bill that both sides agree to or are happy with or I promise there won't be a bill, we won't be discussing this. This needs to be in a different posture for the time being and that's why we're making the amendment. On top of that, Mr. President, this doesn't just vastly change things but federally chartered credit unions can in an instant become a state chartered credit union by flip be the charter from fed to a state, so what this does is remove what is otherwise an extra step for the time being. It doesn't vastly expand or create credit unions that are going to sneak into Virginia and eat up our smaller credit it doesn't. Unions. It removes one bureaucratic step of federal going to a state charter and two, allows this bill to be in a different posture so we can get everybody in committee and sit down and get into agreement or no agreement at all.
[Unknown]
The Senator from Chesapeake, Senator Cosgrove .
John Cosgrove
Thank you Mr. President, will the gentleman from Franklin field for a question?
[Unknown]
Will the Senator from Franklin County yield for a question?
John Cosgrove
Yes, Mr. President.
[Unknown]
He yields,.
[Unknown]
I appreciate his enthusiasm, Mr. President! I would ask the gentleman, when we heard this in committee yesterday, the way the bill came out of committee, there were basically about 25 credit unions who would be able to merge under the language of the substitute that came out of the commerce and labor committee. With his substitute, or floor amendment, how many credit unions would then be able to merge under his language?
[Unknown]
Senator from frank flynn.
[Unknown]
-- from Franklin .
[Unknown]
Wi answer the gentleman by saying I don't have an exact amount. It certainly would increase the amount because there are more credit unions that would be eligible in the merger without having changing from a federal to a state charter, however, the limitation always is found within the bill, that any merger that would occur occur in the limited circumstances of that the smaller chartered credit union has to be of a membership of 15,000 members or less, and such a merger cannot -- such any subsequent mergers of any other banks or any other credit unions cannot occur for 24 months. So it's the very limited amount. It is a larger, the pool would increase with my amendment, but it doesn't capture the top eight or nine or 10 credit unions. So there are still some credit unions that wouldn't be able to take advantage of this merger provision based upon what my amendment does, Mr. President.
[Unknown]
I thank the Senator .
[Unknown]
I thank the gentleman. The question is, shall the
[Unknown]
Thank you Senator. Floor amendment be agreed to? As many as favor that motion will say aye, those opposed, no. The ayes have it. The floor amendment is agreed to.
[Unknown]
Keep them up if you want to hold them up.
[Unknown]
There will be a recorded vote. All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any of the senators desire to change their vote? The clerk will close the
[Unknown]
Ayes 19, nos 19. Roll.
[Unknown]
Ayes 19, nos 19. The chair votes aye.
[Unknown]
The amendment is agreed to. The Senator from Franklin .
[Unknown]
Mr. President, I 'd just like to bask in my glory a little bit! Mr. President, I now move we engross the bill and advance it to its third reading.
[Unknown]
The Senator from James city county.
[Unknown]
Mr. President, having inadvertently voted on the prevailing side, I respectfully ask that we reconsider the vote.
Bill Howell
The question is, shall the vote by which the committee amendment was agreed to be reconsidered. All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any of the senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 39, nos, zero.
[Unknown]
Ayes 39, nos, zero.
[Unknown]
The motion is agreed to. The Senator from Franklin .
[Unknown]
Mr. President, I now move the floor amendment, having previously explained it, I move it again.
[Unknown]
The question is, shall the floor amendment be agreed to. As many as favor that motion will say aye, those opposed, no. I think the nos have it this time!
Bill Howell
Seeing at least eight hands, there will be a recorded vote. The question is, shall the floor amendment be agreed to. All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any of the senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 23, nos 16.
[Unknown]
Ayes 23, nos 16, the amendment is agreed to. The Senator from Franklin .
Bill Howell
Thank you Mr. President, I want to thank the gentleman from James city county for increasing my legend! I now move that Senate bill 582 be engrossed and advanced to the third reading.
Bill Howell
The question is shall the bill be engrossed and reading, as many as favor advanced to the third that motion will say aye, those opposed, no. The ayes have it, the bill is engrossed and advanced to the third reading. The Senator from Franklin .
[Unknown]
Mr. President, I now move that the bill pass.
[Unknown]
You have to waive the reading.
[Unknown]
Mr. President, I now move we dispense with the third constitutional reading.
[Unknown]
The question is shall the rules be dissented and the rules be dispensed. >> As many as favor that motion will say aye, those opposed, no. All in favor of the motion will record their votes aye, those opposed no.? Are the senators ready to vote.
[Unknown]
Have all the senators voted.
[Unknown]
Chapg chiang? --
[Unknown]
Do any of the senators desire to change their vote.
Bill Howell
The clerk will close the roll.
[Unknown]
I ayes 39, nos, zero. The Senator from Franklin .
[Unknown]
Mr. President, I now move the bill pass and speaking to the motion, sir?
[Unknown]
The Senator has the floor.
[Unknown]
Ladies and gentlemen of the Senate, Senate bill 582 is a credit union bill. Right now it has to do with charters, but I feel like I 've been talking about charter schools like we did yesterday. This is a merger, a pure merger bill, it permits additional category mergers. Right now we have two categories, they can only merge in emergencies and they can only merge if they share the same membership. Those are very restrictive in terms of capability of merging. What this bill does and as amended allows a third path for unions to merge. If one membership has 15,000 or less membership. Okay? So -- and this also has the other part which I talked about, which I don't think I need to repeat. Based on those reasons I move the passage of Senate bill
[Unknown]
The Senator from Russell, 582. Senator Chafin .
Ben Chafin
Thank you Mr. President. I rise in opposition to the bill.
[Unknown]
Speaking to the bill?
Ben Chafin
The Senator has the floor.
[Unknown]
I have a lot of respect for the credit unions and their industry, and the mission that the credit union industry first began to serve. And the mission was to serve members who are related to a particular class. And that class of people were people who work for a particular industry or who lived in a particular community. And they were there to extend credit to those members for important things that those members needed to leverage in order to gain their credit. Buyings refrigerators, buying a car. Buying things like that. Well, credit unions of today are not like that anymore, okay? The credit unions of today compete, shoulder to shoulder, with community banks and even regional banks. You can't tell the difference between a big credit union and a big community bank. The only real difference is they don't pay any taxes. Okay? They pay no state, no federal taxes. So I think that if credit unions want to continue to be able to merge and to get bigger and to get bigger and bigger, then they need to be like their big brothers, the banks, and those credit unions, federal or state chartered, they need to pay there's nothing wrong with taxes. Paying taxes. We all pay taxes. Every business pays taxes. But credit unions do not. And they resist that effort to become banks. They continue to want to grow and grow and grow, without regard to memberships or without regard to relationships. And that's what this bill basically does. What this bill does is it takes away the requirement that there be memberships, that there be relationships. It lets credit unions grow from the coal fields to the sea. That's what this does. And what this bill also does is -- and I was in favor of helping the smaller credit unions, those that might be stling because of their situation under the dodd-frank act or some other burdensome regulation, but this bill doesn't do that. What this bill does is it lets the bigger credit unions get bigger and bigger and bigger. What it does is it allows 95 of the 113 federal credit unions to be immediately bought by the bigger state chartered credit unions. That's what this does. Make no mistake about it. That's what this bill will accomplish, that's what it will achieve. So you know, I think that the offers that were made by the bankers were reasonable offers in this matter. But there never was a deal that could be made. Where is the stopping point? At what point do we say credit unions can take the entire banking industry over, and never pay taxes. Right now in your communities, I dare say in a lot of our counties, in our communities, the banks are the largest paying tax taxpayers in those -- taxpayers in those communities. When you add them up, the amount of money they are returning to those communities is probably, in many, many cases, the largest. So are we going to allow the credit unions to just continue to eat away, eat away, eat away, at good corporate citizens that are paying the way by paying taxes, both state and federal? I hope that it will be your pleasure to defeat this bill. The credit unions serve a valuable place, a valuable niche in our economy, but they don't need to replace the banks.
[Unknown]
Thank you Mr. President.
[Unknown]
Thank you Senator. The Senator from Stafford ,
[Unknown]
Thank you Mr. President, Senator Stuart. Speaking to the bill?
[Unknown]
The Senator has the floor.
[Unknown]
Mr. President, I 've got credit unions in my district, and I 'm a big supporter of credit unions. I think they have a very valuable place in our communities. And we worked really hard to come up with something that helped these smaller credit unions that said they were having some difficulties in business, and craft sort of a compromise to assist them. Unfortunately, the gentleman from Franklin has now gone beyond that compromise and he has vastly expanded what we thought would be a help. The issue for me is just the issue of fairness. It's just simply an issue of fairness. And it's really unfair for us to look at the banks and say well, in order for you to do business in Virginia, you've got to pay tax and work under a regulatory framework which is pretty darn strenuous for them. But for the credit unions, it's okay, we're going to let you all grow and compete and you're not going to have to operate under the same regulatory framework. And that's the issue. That's the issue. When you allow them to merge like that, and grow and compete, without the same regulatory burden or having to pay taxes that the banks have to pay, it's just unfair. And based upon the fact that he has expanded this bill so vastly, I would hope that we would vote against the bill.
Bill Howell
Thank you Senator. The question is, shall Senate bill 582 pass? All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Do any of the senators desire have all the senators voted? To change their vote? The clerk will close the roll.
[Unknown]
Ayes 20, nos 19.
[Unknown]
Ayes 20, nos 19, the bill passes.
[Unknown]
Senate bill 640, a bill -- sorry. House joint resolution on third reading, 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, Senator Obenshain .
Mark Obenshain
Mr. President, could that go by for the day.
Bill Howell
Without objection, hjr210, by for the day.
Mark Obenshain
Uncon -- uncontested calendar, Senate joint resolution 62, designating the first Friday in February in 2017 and each succeeding year as wear red in Virginia, report from the committee on rules.
[Unknown]
The Senator from Fauquier County, Senator Vogel .
[Unknown]
Thank you Mr. President, I move that bill be engrossed and advanced to the third reading. Thank you Senator, the question is shall sjr62 be engrossed and advanced to the as many as favor that motion third reading. Will say aye, those opposed, no. The resolution is engrossed and advanced to the third reading.
[Unknown]
Thank you Mr. President, I move we waive the third reading.
Bill Howell
The question is, shall the rules be suspended and the third reading 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 of the senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 39, nos, zero.
[Unknown]
Ayes 39, nos, zero, the motion is agreed to. The Senator from Fauquier .
[Unknown]
Thank you Mr. President, I move theiseslution -- resolution be agreed to and speaking to that resolution?
[Unknown]
The Senator has the floor.
[Unknown]
Thank you Mr. President. The resolution is something I believe is familiar to all the members of this body. Every year we have a wear red day for women's health and this resolution would allow us not to have to pass the resolution every year. It would establish February 17 and every succeeding year as wear red day. With that, I ask that the resolution pass.
[Unknown]
Thank you Senator. The question is, shall the resolution be agreed to. As many as favor that motion will say aye, those opposed, no.
[Unknown]
The ayes have it, the resolution is agreed to.
[Unknown]
Senate joint resolution 63, requesting the department of social services to study child day programs exempt from the licensure, report.
[Unknown]
Reported from the committee on rules with a substitute.
[Unknown]
The Senator from Augusta, Senator Hanger thank you Mr. President, I move the committee substitute be agreed to.
Emmett Hanger
The question is shall the committee substitute be agreed to. As many as favor that motion will say aye, those opposed, no. The ayes have it, the substitute is agreed to. The Senator from Augusta .
[Unknown]
Mr. President, I move the resolution be engrossed and advanced to the third reading the question is shall the resolution be engrossed and advanced to the third as many as favor that motion reading. Will say aye, those opposed, no. The resolution is engrossed and advanced to the third reading. The Senator from Augusta .
Emmett Hanger
Mr. President, I move that we waive the third constitutional reading.
Bill Howell
Thank you Senator. The question is, shall the rules be suspended and the third constitutional reading be waived. All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any of the senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 39, nos, zero.
[Unknown]
Ayes 39, nos, zero, the motion is agreed to. The Senator from Augusta .
[Unknown]
Thank you Mr. President. I move that the resolution pass, and I 'd like to speak to that.
[Unknown]
The Senator has the floor.
[Unknown]
Thank you Mr. President. This resolution directs the department of social services to study programs that are exempt from -- day programs exempt from licensure. It's been quite some time, I think about 20 years, since this has been examined. The substitute as adopted lists a number of stakeholders that would be a part of a study that will work up some recommendations with the department of social services to make -- to make to us hopefully next year. I hope it will be the pleasure of the Senate to pass the resolution.
[Unknown]
Thank you Senator, the senior Senator from Loudoun, Senator Black .
Dick Black
Thank you Mr. President. I intend to vote against the measure, and the reason is, we have enacted one after another measure dealing with the care of children. I got an e-mail from an individual who has -- she has made her living on caring for children, and due to some legislation that we passed recently, she was forced to diminish the number of children she could watch and her family income dropped 20 percent. We are just delving into every single thing that goes on, and I worry about this, because for a lot of people, particularly lower income people, watching kids is one of their best means of making a good, honest, decent living, and yet we restrict it, and meanwhile, every time that we restrict it, the big organizations get bigger and fancier, and the people who can afford to put their kids income, you know, do better. But I worry about all of these many, many thousands and thousands of people whose family income is dependent on being able to care for children, and every time -- you know, they don't have a whole battery of attorneys and accountants and everybody else who can sort out the latest rules and the changes of rules, and so I just -- I think we have done enough. I think we have hounded these people into the earth, and so I oppose this. I think we really -- if you cannot in a free market economy do babysitting without the oversight, the heavy hand of the government, I don't know what you can do. Thank you.
[Unknown]
I thank the Senator. The Senator from Augusta, Senator Hanger .
Emmett Hanger
Thank you Mr. President. Speaking to the bill then? Mr. President, I tend to agree in part with the senior Senator from Loudoun in that we need to be careful not to overregulate in this area, because there's a significant demand, and sometimes unmet need for child care supervision, but what we are confronted with, there have been a number of exemptions that have been maintained in statute for some time. As I indicated earlier, it's been over 20 years since this particular topic has been studied, and in the meantime, there are groups -- in fact, this year, there were several groups pushing for legislation to be introduced that would have removed that exempt status in different areas. The truth of the matter is, Mr. President, members of the Senate, is that as we worked to ensure that our children are safe, and in the cousteauo when in the custody of child day care programs, we've done that I think pretty effectively in numerous ways, but we continue to exempt programs and the intent of this is just to take a look, to see whether it still makes sense for all of these to be exempted, and I 'm sure in many instances we will continue to provide those exemptions. But certainly for the protection of those children who unfortunately, we are losing children annually in the care of child care providers, and whether or not it's a religious exemption, whether or not it springs from some recreational program of a county service, those, we should take a look to see whether it makes sense. And all the stakeholders that would be interested in this, as are detailed in the substitute, will be at the table as we review this. So, again, I renew my motion to pass the resolution.
[Unknown]
I thank the Senator. The question is, shall sjr63 pass. As many as favor that motion will say aye, those opposed, no. The ayes have it, the resolution is agreed to.
Emmett Hanger
Regular calendar, Senate joint resolution on first reading, Senate joint resolution 40, extending state recognition to the wolf creek cherokee tribe of reported from the committee Virginia. On rules.
[Unknown]
The senior Senator from Henrico, Senator mckeepon.
[Unknown]
Mr. President, I move that we waive the reading of the resolution.
Bill Howell
They Senator, the question is, shall the rules be suspended and the second reading, constitutional reading, be waived. All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Do any of the senators desire have all the senators voted? To change their vote? The clerk will close the roll.
[Unknown]
Ayes 38, nos, zero.
[Unknown]
Ayes 38, nos, zero, the motion is agreed to. The senior Senator from Henrico .
[Unknown]
Mr. President, I would move that we engross the bill and advance it to its third reading.
[Unknown]
The question is, shall the resolution be engrossed and advanced to the third reading. As many as favor that motion will say aye, those opposed, no. The ayes have it, the advanced to the third resolution is engrossed and reading.
[Unknown]
The senior Senator from Henrico .
[Unknown]
Thank you Mr. President. What this resolution would do is extend state recognition --
[Unknown]
We need to suspend the rule.
[Unknown]
I apologize, Mr. President, I move we waive the reading of the resolution.
Bill Howell
I thank the Senator, the question is, shall the rules be suspended and the third constitutional reading 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 of the senators desire to change their vote? The clerk will close the roll.
Bill Howell
The clerk will close the roll.
[Unknown]
Ayes 38, nos, zero.
[Unknown]
Ayes 38, nos, zero, the motion is agreed to. The senior Senator .
[Unknown]
Mr. President, I would ask we agree it to the resolution, and speaking to that motion.
[Unknown]
The Senator has the floor.
[Unknown]
Mr. President, last year, some of the members will remember we voted this resolution out of the body and down the Hall. What this resolution would simply do is extend state recognition of the wolf creek cherokee tribe here in Virginia. It is a tribe located in -- at least in my distinct, at least, in the eastern part of henriko county. It does have branches elsewhere in the commonwealth I don't want to get anybody in trouble, I don't want to mislead anybody. You May have already been contacted by other cherokee tribes that suggested this one is not a legitimate tribe. What I will say to you is one thing. One, we advanced it last year, a most unhappy fate in the rules committee down the Hall, and two, what I will say to the body is that this has nothing to do with money. This is simply state recognition. There's no money attached to it. I understand there are check keys who say these folks aren't check clears. I would suggest we not wade into this, and that we be consistent with our exercise last year and ask that you pass the resolution.
[Unknown]
I thank the Senator. The Senator from chess pike, Senator Cosgrove .
John Cosgrove
Thank you Mr. President, speaking to the resolution?
[Unknown]
The Senator has the floor.
John Cosgrove
Actually, I hope we will support this resolution, but Mr. President, I would say last year and two years before that, and then two years before that, the gentlewoman from Norfolk carried a bill wanting to recognize appalachian cherokee tribe, which is a substantially larger and more comprehensive than the wolf creek tribe. I just found out about this yesterday at the desk for rules. I wish that there had been an opportunity to have the appalachian cherokee tribe included in this. All I would say is that if you are going to recognize one, you probably ought to recognize the other. But I will in no way stand in opposition to the gentleman's bill.
[Unknown]
The resolution. Thank you.
[Unknown]
The senior Senator from Loudoun, Senator Black .
Dick Black
Ladies and gentlemen, I 've done a great deal of work with the american indians, and have tremendous respect for them. But years ago, I was the staff judge advocate at fort hood, california and there was a reservist who worked for me and he was an executive for one of the power moguls of the gambling industry in las vegas, and he came to me, he said look, he said I would love for you to leave the army, go ahead, get out, come to work with us. He said there's something going on that is so big, he says you won't believe it. He says what we are doing, he says we got gambling going on, and what we have discovered is that we've gotten congress to enact some legislation, and wherever we can set up an indian tribe, then we are able to use their property and they are exempt from federal regulation over gambling, over casino gambling. And so I did a tremendous study over it, because honestly, it was a lot of money, and I was rather tempted to do it. But I have watched it since then. I didn't follow through on it, decided being a gambler is not my thing, but I have watched it steadily since the '80s, and we have more indian tribes in america than you ever imagined. I mean, we got every kind of indian tribe. Everywhere. Every state. And wherever they are, whether they are genuine or whether they are concocted, they become the location of casinos. So recognizing indian tribes is the first step towards casino gambling. And I see the look that you are giving me. You know about casinos, and you know what I 'm talking about. But if you like casino gambling, and if you want casino gambling, you will recognize all the indian tribes that they can come up with on the face of the earth, and every one of them, I guarantee you, will be the location of a gambling casino. So I 'm against casino gambling, and I 'm going to vote against this. Thank you.
[Unknown]
I thank the Senator, the Senator from Fauquier, Senator Vogel .
[Unknown]
Thank you Mr. President. With great deference to my colleague, the senior Senator from Loudoun, I would just like to urge passage of the bill, and make the observation that I really, really do not believe that this is actually about casino gambling, and I wouldn't ordinarily rise to speak on this bill, except that I had years of experience trying to gain recognition of some of the cherokees from my part of the commonwealth of Virginia who for years and years had come to Richmond with unbelievable amounts of documentation, binders and binders full of genealogy and history they had put together, and that recognition really meant the world to them, and they really weren't looking to establish a casino they really weren't looking to, you know, make any great change to the commonwealth of Virginia. They were simply looking for the dignity of that recognition and what that recognition meant to them. And the Senator from Norfolk actually had great success and in fact far better success than I did in working with the tribe, and in fact, I would say that that recognition was important because not just for the recognition in the genealogy and history, but I think it also means a lot to them because they can participate in a powwow that I think happens every year. With that, I thought some context was important, and I would actually urge the members of the body to grant that recognition, because I do think it actually is worthwhile and means something very important to that cherokee nation. Thank you.
[Unknown]
Thank you. The senior Senator from Henrico, Senator McEachin .
Don McEachin
Just briefly, Mr. President, with respect to the senior Senator from Loudoun 's remarks, if this was about casino gambling, if the indian tribes wanted casino gambling, we have some already recognized in the commonwealth and don't have any casino gambling. If you hear of a tribe called Lucas coming, then perhaps that will have casino gambling with it, but that's a different story, a different matter for a different day. Mr. President, I have sat down with the members of the tribe and I tell you what really tipped me over in terms of presenting the resolution, and this happened last year. A fella came in, he was sitting around my conference room table, he served in the military and looked me in the eye and said you know, I 've got a son who's about six, seven years old, and he reads these books and he doesn't read anything about us in our school textbooks, and he says Senator, what am I supposed to tell my son? And what I would say so you members of the Senate, what are we supposed to say to his son? I would suggest to you that we tell his son that we believe in you, we believe in your tribe, and pass the resolution. The question is, shall sjr40
[Unknown]
I thank the Senator. As many as favor that motion pass? Will say aye, those opposed, no. The ayes have it, the resolution is agreed to.
Don McEachin
Supplemental calendar, number one, uncontested calendar, Senate bill on first reading, Senate bill 731, a bill to provide for capital outlay funding, reported from the committee on finance with a substitute.
[Unknown]
Mr. President?
[Unknown]
For what purpose does the Senator rise? I apologize. Can the Senate stand in recess until 1:45 please, before we take up the supplemental calendar? And I would invite all of the Senate republicans to the normal prayer meeting, please.
Bill Howell
The senior Senator from Henrico, without objection, the Senate will stand in recess until 1:45. >>>
[Unknown]
Please call the supplemental calendar. Supplemental no. 1 on contestant calendar. Senate bill first reading. 731 a bill to provide for capital aid funding.
[Unknown]
Thank you, Mr. President, I move that we waive the second constitutional reading.
Bill Howell
It will be suspended in the second reading, constitutional reading. 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. Ayes 39 nos zero.
[Unknown]
Motion is agreed to.
[Unknown]
I move we agree to the committee substitute.
[Unknown]
All in favor of the motion say aye. The substitute is agreed to. Senator from Augusta .
[Unknown]
The bill, capital bond bill now is on second reading. It's in amendmentable form. At this point I ask we pass it by so we can take up a couple other measures, so members can look at the capital bond bill. If you were to draw an amendment, it will be drawn to the substitute. But I hope you are in not that position, but I want you to note exactly or close to that what you are voting for when we do vote later. I would ask we pass it by temporarily, Mr. President.
[Unknown]
With that objection Senate bill 731 will be passed by temporarily. Senate bill 416 related to the lodging act penalty. Reporting from the committee on general law technology with the substitute, and from the committee on finance with the substitute, and there are several.
[Unknown]
Vogel.
[Unknown]
I move the constitutional read be dispensed with.
Bill Howell
The question is should the rules be suspended and the second constitutional reading be dispensed with. All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 39 nos zero.
[Unknown]
Ayes 39, nos 0.
[Unknown]
Thank you, Mr. President, with the recommendation that you reject the substitute. I move that substitute be adopted.
[Unknown]
With the recommendation that the general law substitute be rejected, the question is should the substitute be agreed to all in favor of the motion will record their votes aye, those opposed no. Motion is agreed to.
[Unknown]
Thank you, Mr. President with the recommendation that the finance committee substitute be adopted I move the adoption of that substitute.
[Unknown]
The question is should the finance substitute be agreed to all in favor of the motion will record their votes aye, those opposed no. Ayes have it. Finance substitute is agreed to.
[Unknown]
I move that we waive the reading of the floor amendment.
[Unknown]
Thank you, Senator. Senator sphr James city county.
[Unknown]
I have a couple of floor amendments but if we could pass this temporarily, I would like to take them both up at the same time so we could pass it by temporarily.
[Unknown]
With that option, Senate bill 416 will go by temporarily.
[Unknown]
Senate bill 751, a bill relating to establishing the limited residential lodging and short term lodging act penalty. Reported to the committee on finance for the substitute.
[Unknown]
Senator from Virginia beach.
[Unknown]
Mr. President, I would like to suspend the rules.
Bill Howell
Should the rules be suspended in the second constitutional reading be dispensed with all in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll. Ayes 39, nose 0.
[Unknown]
Ayes 39, nos 0, the motion is agreed to. The Senator from Virginia beach.
[Unknown]
I would like to reject the finance substitute.
[Unknown]
Thank you, Senator. With the recommendation that the finance substitute be rejected, the question is shall it be agreed to, all in favor of the motion will record their votes aye, those opposed no. Nos have it. The substitute is rejected. The junior Senator from Virginia beach.
[Unknown]
Mr. President, I would like to waive the reading of the floor amendment.
[Unknown]
Shall the reading of the floor amendment be waived? All in favor of the motion will record their votes aye, those opposed no. Ayes have it. The reading of the floor amendment is waived. The Senator from Virginia beach.
[Unknown]
Mr. President, I would like to agree to the floor amendment.
[Unknown]
Next Senator, meeting.
[Unknown]
Senator from Roanoke. Senate bill 751 will go by temporarily. Senate will stand at ease.
[Unknown]
The Senate will come to order, returning to the supplemental calendar, Senate bill 416, the finance substitute was agreed to, and the Senator has floor amendment. City from James city county, you have the floor.
[Unknown]
Thank you, Mr. President, if I could take up four amendments, no. 1 and no. 2 in the block, and respectfully request waiving reading of the floor amendments.
[Unknown]
The question is shall the reading of the floor amendments no. 1 and 2 be agreed to? All in favor of the motion will record their votes aye, those opposed no. Ayes have it. Reading from Senator from James city county.
[Unknown]
I reflect, which I loathe to do, it does occur to me that perhaps there are a number of senators who have not had the pleasure to be exposed to the underlying bill and my floor amendments are drawn to a narrow specific portion of the bill, so I don't know if it would be helpful for the patron to explain the bill or I can proceed to do the floor amendments. Ladies and gentlemen, if I could have your attention just for a moment, this is a bill, and there are a lot of moving parts to it and floor amendments 1 and 2 are drawn to specific parts of the bill. It involves an internet platform whereby rooms in residential homes are advertised for rent, and there are a number of polishes that I 'm not getting into, but there's language in the bill which requires that platform ab and b which they can function as collecting the taxes that are associated with these room which would be transient autopsy taxes or in my local calt they have a 2-dollar per night room tax for advertising, and the language in the bill is currently written that the ab and b perform May register with the department of taxation and if they do register with the department of taxation, then there is a mechanism there for ab and b to collect the taxes and remit them to the department of taxation, and the department of taxation will capture the state share and remit the locality share, and the problem is it is written in the permissive language of May, and what the amendments do they said they shall register with the department of taxation, and the reason for that is if ab and b does not register with the department of taxation, we find ourselves exactly, exactly where we are today, and that is that it is completely an honor system where individuals who are doing the ab and b out of their homes will have to come forward and report themselves, and they would have to come forward and report themselves. So it seems to me a better policy that ab and b should be required to register with the department of taxation so that we have some means of doing this, and the interesting thing in the bill is that there is a prohibition by the department of taxation to conduct an audit knowing who the individual homeowners are that are doing this, and there's a further prohibition that the commissioner revenue or no fiscal officer can conduct an audit. If we have ab and b shall register, then they will present an aggregate amount of that which has been collected and we have a system in place, and the second thing during the presentation of the bill that captured my attention as related to this is there was dialogue about whether or not it could be currently done under ab and b's platform and system, and what was very candidly, and I appreciate the forthrightness is another commonwealth in the united states, the commonwealth of pennsylvania and specifically philadelphia is already requiring this, and ab and b is registered with their department of taxation, which seems counterintuitive to me it might be troublesome for them to do that, and so I would suggest, Mr. President that I think that this amendment does not do harm to the bill, but it creates a structure in place and at the department of taxation will be able to collect both the state tax and the local tax and remit it, otherwise there's no system whatsoever in place.
[Unknown]
Thank you, Senator. The Senator from fauqier, Senator Vogel .
[Unknown]
I'm going to go ahead and speak to the floor moment and with the indulgence explain the underlying bill. I wish that I could accept the floor amendment, the underlying move of this bill is to do something very sample and that is to collect and remit local transient occupancy tanks and new taxes for those who are renting only in their primary residences a room to somebody that wishes to go on the air in the platform. It's here, and it's happening in our localities, and actually, if you think about it, leveling the playing field. If I go to a bed and breakfast, they are playing the transient occupancy taxes, and it's not happening for doing it in the own home. The beauty of this floor amendment is if you say that the taxpayer is actually the homeowner, and again, I think without having stepped back to explain the whole bill, it's only applying to the homeowner and your primary residence, and the taxpayer is the homeowner, and what's happening in the commonwealth of Virginia. If you have b and b, there's no framework which the homeowner can actually pay that tax, they are not doing it. If you say to the air b and b or whomever it is who has come to the commonwealth of Virginia and said we wish to be a good corporate citizen, we would like to voluntarily step into the shoes of a homeowner and collect and remit, because we have a lot of homeowners around the commonwealth of Virginia and we realize there's a lot of money left on the table for localities, and this is money for localities. I would like to solve this problem and collect and remit and pay this back. The problem is this is not the taxpayer, and the May or shall, I have to decide do I have to accept the floor amendment. Having just a moment ago had legislative services and the tax department opine about this matter, I am told that this is not constitutional. Further that there's no nexus in which to tax the person whose actually just the online provider. So if you consider that -- it was interesting. It came up when we were this finance committee and having this discussion. It was clear to me by the Senator of James city county saw it this way. It never occurred to me to actually think about it as the taxpayer. I think of them as like ebay or expedia, the place where you actually go to make the connection, but they are not the actual taxpayer, and according to what legislative services has said, a corporation May have to have a physical presence, if you all know, in the state in order for us to have them pay or collect a sales tax, and under the u.S. Supreme court ruling and acquittal, physical presence is the established text for nexus. They have to have a physical presence otherwise there's no nexus to collect the tax. I was texting and saying can I accept this floor amendment. While the motive, the underlying motive was to level the playing field here and address a very, very narrow issue, and that is in your own home, if you are having -- if you wish to air b and b, and we are notq or submitting the sales tax, and the outside air b and b platform which is to come in and actually come in and be a good corporate citizen, and come up with the uniform process, but the problem is they are not the taxpayer, and to say that they shall is a major issue. I would have to disrespectfully request that you reject that floor amendment.
[Unknown]
Thank, Senator. The Senator from Fairfax city.
[Unknown]
Yield for a yes.
[Unknown]
Senator faulk field for a question.
[Unknown]
If air b. And b advertises and puts for itself and establishes a registered agent, for example, isn't by doing that, by conducting business in the state, transacting business in the state hasn't admitted a number of comments by acquittal?
[Unknown]
Not if they don't have a location or employees in the state. Right now they are online. They have an online platform, and they are not based.
[Unknown]
Yield for a yes.
[Unknown]
Yes, I vealed.
[Unknown]
I ask -- not having w-2 employees at your behest and don't have the same bricks and mortar structure and yet they still pay taxes, whether it's an online reseller or uber, just because they don't have employees, can't they have a sufficient nexus to pay taxes?
[Unknown]
Mr. President, one could make that argument. This was being texted to me as I was being prepared to address this for a minute. Yes, they are not the taxpayer. The homeowner is the taxpayer, and that's fundamentally the taxpayer here. No. 2 the tax department senior Senator they can't do anything until the company comes to them because they are the middleman. They are a facilitator, and they are not the homeowner, taxpayer and not the person liable for this tax.
[Unknown]
Final question, Mr. Chair.
[Unknown]
Yield for additional questions.
[Unknown]
And this is truly my final question. I sat through general laws, and it's my understanding the sole benefit of the legislation was to permit us to collect transient occupancy tax which otherwise would not be collected if we are not requiring air b and b to pay it over, what's the benefit of the legislation? I'm not being facetious, but what's the benefit of the legislation.
[Unknown]
I would like to actually explain the underlying bills when I can. But the underlying benefit of the legislation is actually collect and remit the transient occupancy tax and whatever local taxes are being levied for other people who are representing more than one room. If you are a bed and breakfast or hotel, people who are doing it in their own home, should be paying that tax, individual homeowners, that was the whole idea, was to collect and remit that tax. What we had are is an outside company saying we would like to do that. We don't have to do do with every locality, and we don't have that liability, but we are willing to step in to the shoes of the taxpayer, and because we have the ability and software and ability to work with the tax department of Virginia and come up with a way to uniformly collect that tax and remit it back to the localities, and because we have the ability and the software to do that that can communicate that back and actually tag it to individual localities, we will do that for you for Virginia, and it seemed like a great way to -- a simple way to solve a relatively complicate td problem and found money for localities.
[Unknown]
Thank you, gentle lady.
[Unknown]
Mr. President, addressing the bill, Senator Petersen actually was on to something here, and originally this bill was marketed, and I use that term very appropriately, marketed that it was going to allow the collection of taxes that were currently not being collected, that there was a business that existed on the internet out there where both the state taxes and local taxes were not being collected. If we put the mechanism in place, the state and local government was going to collect taxes, and the mechanism was created where the department of taxation was willing to create a system where they could receive both the state taxes and the local taxes, and then after they had gotten the administrative costs they would retain the state tax and remit the local taxes to the localities. This is an air b and b bill. They created the mechanism in the bill which would allow the department of taxation to collect these taxes and rebuild. But the real subtlety was that air b and b is not required to register with the department of taxation, because you had to read the bill like a lawyer to find that it said they May do it. They May to it. They are not required to do it and it seems to me if they want to create a platform or have it legalized in Virginia and want the taxes collected on a statewide basis as well as a local basis, they ought to be required to do that. They ought to be required to register with the department of taxation. And there are people in the body that committed to the room that have no idea of the implications of the bill. But on this very narrow issue, I suggest this to you: pennsylvania required an air b and b to register with the department of taxation. Simple. They can do it. You know what else is very simple, Mr. President, in this state of pennsylvania, the homeowners of pennsylvania are the taxpayers. They are the taxpayers, but yet they are working through an internet advertising agency which does not disclose the address or the identity of the property they are leasing, and there's no way to get to that information, but I suggest to you, Mr. President, it seems very disingenuous for me for somebody to create the mechanic inform and say we May or May not do it, but yet we can do it at another state.
[Unknown]
Thank you, Senator. The Senator from Rockingham, Senator Obenshain .
Mark Obenshain
Mr. President, this is not my fight. I hesitate to weigh in. But I did listen in committee and I learned a little bit. A couple of things I want to point out. One is I didn't hear that pennsylvania has this law, but what I did hear is that philadelphia has city laws and city ordinances addressing air b and b, and it's homeowners that utilize that platform, and so I 'm not aware that there is a single state in america, as a matter of fact, I understand that there is not a single state in america that compels a platform such as this to register with the department of tax and accept a spopt for responsibilityfor payment of tad party. That's the problem here. That's what this floor amendment seeks to do as I understand it, and I May be wrng. Wrong. But I also listened to representatives of air b and b. We have every intention of registering with the Virginia department of tax, and we have every intention of paying the taxes that we are required to pay on behalf of the conduit as the conduit for our homeowners, but we don't know whether there are going to be other organizations that have similar platforms, and indeed there are similar platforms like expedia and others, and what this envisions is requiring air b and b or similar platform to be responsible for the payment of the taxes of a third party. Ladies and gentlemen, that's what is unconstitutional, is for us and our code to compel air b and b or any other platform to be responsible for the payment of the taxes incurred by a third
[Unknown]
Thank you. Party. The Senator from Fauquier, Senator Vogel .
[Unknown]
Thank you, Mr. President, to clarify the last piece, the Senator from James city county, the underlying motive here is to collect and remit the taxes and let localities actually recover the found money. That's the reason they want to finance. If there was a way I could comfortably accept the Senator from James city county's floor amendment and say shall, I would. The underlying problem with it, and I was texting back and forth, how can I handle this and how can you manage it legally, and the answer is you can't compel them to register because they are not a taxpayer, and you can't compel them to collect the tax on behalf of a third party. I want to clarify that. It's not collection piece, but compelling them to register piece. I want to clarify that, and with that, I would ask you reject that floor amendment. If I could, I would like to explain the bill.
[Unknown]
The motion on the floor shall the floor amendment be agreed to. All in favor of agreeing to the floor amendment say aye. Those opposed no. I'm unsure. So there will be a recorded vote. The question is shall the floor amendments be agreed to. All in favor of the motion to record the votes aye, opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 17, nos 22.
[Unknown]
Ayes 17, nos 22. Floor amendments are rejected. Senator, there's one other floor amendment.
[Unknown]
I withdraw that.
[Unknown]
With that objection, that floor amendment will be withdrawn, and the Senator from fauqiuer.
[Unknown]
I move passage to the bill in speaking to that measure. Sorry. I move we engrossed and advanced to the third reading.
[Unknown]
The question is will the bill engrossed and advanced to the third reading. It's engrossed and advanced to the third reading. >> Thank you, I move passage to the bill in speaking to that motion.
[Unknown]
We need to suspend the rules.
[Unknown]
Sorry, Mr. President. I move we suspend the rules and dispose of the third constitutional reading.
Bill Howell
Thank you, Senator, and the question is should the rules be suspended and the third constitutional reading be waived 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 38, nos 1? Ayes 38, nos 1. Motion is agreed to the Senator from Fauquier .
[Unknown]
Now can I move the bill pass? Thank you, Mr. President. I would now like to move that the bill pass. Mr. President, I would like to be brief and make this as painless as possible. This bill has been actual fully heard in general laws, and fully heard in the finance committee, and I apologize we did get a little bit ahead of ourselves, and I know it's a little bit convoluted, and certainly I want to say at the outset, I respect there's a little bit of confusion about the bill, and I would like to introduce two things to the body. If I believed this in any way was imposing on the authority of local cattle to do what localities do, and that is to adopt ordinances and locate the way the localities need to, I would not have introduced the bill, and I truly mean that. 2, if I believe this had any harm or in any way was a detriment to the hospitality industry, I would not have brought this bill. Certainly I have family that's in the hotel business, and I know that the hospitality industry is critical to the commonwealth of Virginia, so if I first considered this bill, it was really, really simple, as I considered what this bill did. This was narrowly drawn to an individual who has a House, who wishes to go online and make that part of their home, only their residence available to someone who would like to rent that on air b and b. If you consider we are in a new economy, new shared economy where young people now today say, I have a car, and I would like to share my car for a portion of the time. People used to say, that's really strange. Same thing goes with your home. Your home should be treated differently, and how you use your property and how you make money on your property in my view, and not everybody will agree, in my view should be treated very, very differently than if you have a bed and breakfast and live in your home or run some kind of other business out of your home. I fundamentally believe that that's true. I also fundamentally believe if you have a bed and breakfast or own a hotel or renting multiple problems and paying taxes and registered as a business, then why shouldn't you also, if you are renting and making money in your own home have to pay the same taxes that the guy who is renting the bed and breakfast two doors down from you also has to pay. The notion we are not collecting those taxes one seemed fundamentally unfair, and two, what we had was somebody who was coming to the commonwealth of Virginia and saying we are here, and we have a problem we are not collecting and remitting the taxes and it's frankly a lot of money, and it is going to be millions of dollars over time, and if we have a good corporate citizen who says look, I 'm willing to voluntarily come to Virginia, we can't compel them, and we understand the constitution of Virginia, there's no nexus, and we can't force them to register and force them to assume the liability of a taxpayer, when they are not the taxpayer and not the homeowner, but if they are willing to voluntarily come to Virginia and say we will sit down with the department of tax, and we will resolve the issue. Everybody else is paying taxes, and we are willing to do that on behalf of the homeowner. And and my husband said to me, how do you pay taxes on this. I can't figure how you do it in Fauquier County. I thought it was ironic, and anyway, if you have somebody that wants to do it, and wants to voluntarily come to Virginia and sit down with the tax department, and the tax department says we can do this. We can do it uniformly, and we have a software that can communicate with your software, and we can actually collect and remit this through a uniform process and monthly pass that back to the localities, and we have a way to tag it and a way to audit you, and we have a way to go back and make absolutely sure you are doing it the right way. Because if left to your devices and we don't set up a uniform process, you, air b and b is never going to voluntarily come to Virginia and try to work with every individual locality. Because every individual locality tacks differently. You have different sales and use taxes, and as I was talking to the center at James city county the fact that they have a different tax, you will never, ever get them to do that voluntarily. Because you will go to a county that has one or two people that are using their home that way, and it will never work. Without the bill, and we can all agree to disagree. If you don't want to tax a bill, we are right back where we started. We are not collecting and remitting, and our localities are out that money, and we are never going to have homeowners voluntarily stepping up and paying that money. And the second thing that the bill does, and this is where our localities are not necessarily happy, the second thing the bill does is it says localities cannot come in and pass an ordinance and say that you can't do this in your primary residence, and again, we might fundamentally disagree, but think if it's your primary residence and it's your property, you might have the right to use the property that way to make money if you want to. Finance committee, and used Senator Carrico as an example. In south Virginia where Senator Carrico lives, they rent out a portion of their homes to somebody who is coming from out of town, and they May do it on air b and b and they do it, but they do it and make money. What right does a locality have to come in and say you can't do that. They make enough money according to Senator Carrico, they can sometimes pay for vacation or taxes for the whole year. Fundamentally if that's your home, you can do that. If you share an economy, you might as well embrace it, and the same issue with uber and lift.
[Unknown]
We spent a lot of time with the department of tax working through all these issues and I think we have a solution. Now, I get it, if people don't like the solution don't vote for the bill. If we get to a point we say we have to respect the locality and every locality want to get involved and micro manage it, nobody voluntarily will come in and help us collect and remit the taxes and we don't get the money. I apologize for the lengthy I hope you will consider passing explanation. The bill.
[Unknown]
Thank you, Mr. President. Speaking against the bill.
[Unknown]
Senator has the floor.
[Unknown]
Mr. President, some of the best people I know are supporting this bill, but I have to be honest, I was skeptical when I heard it and it has continued over the last 20 minute. When it came before us it was the last gist we will collect the money, otherwise you will give up a little of your zoning authority. Now you give up a little of your zoning authority and by the way, there is no actual requirement they remote the tot tax but trust me it will happen. Now, I was born at night, wasn't born last night. If someone doesn't agree to something in the code, what do you think they will agree to something when it's not in the code. It's funny the issue of the taxi cans was brought up, I don't know much about the hotel business, I know a lot about the taxicab business, I 've been representing taxicabs for 20 years, I saw how it was impacted by uber, I represented the taxicab industry last year and I saw how I was at a huge competitive disadvantage placed against uber and lift. Same thing will happen, standard hotel chains will be at a disadvantage because they will charge tot tax based on the law and subject to commercial ordinances and zoning ordinances while other perm will be able to compete without being subject to the zoning ordinance because they can use it as a residential use. I agree with the gentle lady 100% we are in a knotter economy and people should be masters of their property. I brought a bill to weaken the authority to manage your own the deal is when you go into a authority. Hotel industry and ask somebody to compete in an unregulated business you will always be at a competitive disadvantage. As I understood the benefit of the bill is it would allow us to collect tax we were not collecting and that's benefit of the localities. Right now not a single locality is in favor of the bill, I 'm getting texts like crazy saying they are opposed to it. I'm not here as a shield for local government, sometimes they like me, sometimes they hate me but bottom line is I don't see this bill doing them any favors. I agree the economy has changed but we have to have a level playing field, as we respect that, we bring people to the table and at least for oober and lyft, at least the cab company had a chance saying something on what was going on. I don't see anybody getting a chance to say something, I think we ought to slow down the train. I understand what she says, I just feel like I disagree.
[Unknown]
Mr. President, speak being against the bill.
[Unknown]
Senator has the floor.
[Unknown]
When I came to the Senate there were unintended consequences I knew about the bill. The is you can unanimously stay at a House without reporting who you are, don't have to report taxes or anything else so you can anonymously stay at a House, apartment or room. If you think about it for a moment. Think about those individuals who might want to stay next to a school anonymously because otherwise they are not able to stay next to a school, they aren't supposed to be within 500 yards, a mile from a school. Think about these folks able to stay anonymously at a school in your neighborhood. Is that what we want? Not me. And also the local governments are saying we don't want this. You can literally rent out a room on airbnb and here is one out of Norfolk, stay for $46, a comfortable couch, some blankets and some beer. I don't know about you, I 'm not interested in staying there. As we walk through this, it's a great concept, simple concept without consequences that get complex. Anonymous regulations. Imagine the local sex offender picking out where they want to stay. You have done away with this, done away with underlying ordinances that have been put in place for 20 or 30 years. I know a lot about this because in sandbridge and at the ocean there are a lot of people rent out their houses, primary residences for three or four months a year but we have existing ordinances and regulations that allow them to pay their taxes, not to turn it into a party House, not to turn it into a meth lab, not to turn it into some crazy other things that have happened in the past. We have laws against this, but it goes back to you can anonymously book and stay anywhere you want, there is a major problem with that, Mr. President. And I won't continue going on and on on this but I will say we really need to look at the unintended consequences this bill puts in front of us. There's a reason uber and lyft went out and studied you before coming back to this body. I hope you find the red button and vote against this.
[Unknown]
Senator mcdougal.
[Unknown]
Rise to speak to the bill.
[Unknown]
Senator has the floor.
[Unknown]
I'm going to echo a couple comments the gentleman many think from northern fair fax articulated about the legislation you have before you and I 'm not articulating it's a bad concept for us to enter into an effort to try to collect these taxes, I 'm not going to articulate it's a bad concept for us to look at protection for individuals who want to rent their homes out in this manner, I 'm just going to articulate that this bill does not do all those things and there are questions that we as legislators ought to decide as we go through this process. The junior Senator from Virginia beach talked about uber and lyft and we spent a lot of time last year in this body talking about uber and lyft, that was the process. That was the process done and that is a technology format just like air bnb or others are technology formats. The product is still on the ground in the commonwealth of Virginia, just like uber and lyft, individuals wanted to use their own vehicles to drive people around, these are individuals want to rent out their homes and make some extra revenue. That makes sense but there are things we have not talked about. If somebody gets injured at that home, who is liable? Who's insurance going to pay? Is your homeowner's insurance you did not disclose you had some individual commercial business going on, are they going to bay? We didn't talk about that. Mr. President, we didn't talk about the constitution to the extent it says article 10, section 7 no money will be paid out of the state treasury, how are we getting it back to the locality, unless we put it back in the budget they won't get any if we want to do this, let's do revenue. It the right way, let's go through each of those questions very deliberately, we make decisions on what to do or what not to do, we will probably make some compromises, we won't all be happy but we will be the ones setting the policy instead of taking what is before us that is not a finished product and moving it out on the public of Virginia .
[Unknown]
Thank you, Senator. The Senator from James city county, Senator Norment .
Tommy Norment
I realize I 'm a little of don quixote and I don't think anything I say will change the mind of anyone in here but sometimes informed consent even when you make a bad vote is a good thing. Just a couple of points. There is not a single locality in Virginia that has come out in support of this bill. Including northern Virginia, Portsmouth, none of them. You might feel local government is intrusive, I don't find that they are always intrusive, I think sometimes when there are substantial policy changes that they are concerned. What are they concerned about? Those from Richmond, there is a prohibition against airbnb. This preems and voids that law. This preemps and voids any existing bill of ordinances that have been passed by local government that is not in conformance of this bill. I challenge you to think when we have done it as a policy in Virginia before. Many of you did not read the original bill, and I 'm not being unkind when I say that. There was a prohibition of the number of people you could keep in your House like if you had a five-bedroom home. What do you think, Mr. President, is a reasonable number of people to stay in a five-bedroom home next to la luxurious home you have? How about 14. 14 people and they do not have to be related could stay in that one home under this bill. The curious thing is obviously that constraint was not enough because now there is no constraint in this bill whatsoever and you wonder why local government is getting excited. I don't know about the rest of you but as I have traveled in my modest world I have stayed at a number of b and b's. And why do they call it a bed and breakfast, because meals are served there and frequently the host and hostesses are very kind and they night in the evening put out a sasparilo and a good bordeau or other wine. What this bill is doing is demoting b and b's to an inferior position to airbnb, because they do not have to be licensed. A moment ago one of our fellow senators was reading an advertisement on airbnb to us about renting a room -- rent a room and get beer! Part of the Price you are paying. But they do not have to have a license, do not have to have a why is local government upset license. Again? There is an explicit pro labbist unof local commissioners reviewing the finances of these operations. When in the world have you ever heard of that prohibition? So, I appreciate the enthusiasm, I appreciate the deal making that has gone on about this, this bill has got so many unintended consequences that it is really difficult to grasp at this period of time and I know I 'm not changing one vote, I think all of us are very honorable in here and we tell someone we will support a bill for whatever reason but this is not a good piece of legislation.
[Unknown]
Thank you, Senator. The senior Senator from Fairfax, Senator Saslaw .
Dick Saslaw
I don't know where to begin, Mr. President. We heard from the Senator from Virginia beach. There will be child molesters and drunks, only one you left out were terrorists. What about insurance liability. If you look at section be you will see nothing will prohibit local government from adopting an odder naps requiring minimum of $500,000 of insurance. You all need to read this bill, right now -- and then we heard okay? The hotel industry is going to go under. I wouldn't run out and sell your hilton stock and marriott yet. Those companies are doing fine. By the way, airbnb is currently operating in this state and everywhere else. The difference is -- so the hotels are already having to deal with that and they are here and we don't even have this bill. Right now if we walk away and don't do anything it stays the same as it is now, no regulation, do whatever they want. I got to tell you something, if this bill passes and my government only gets 20 cents from it, that's 20 cents than they are getting now. I mean it would be the height of irresponsibility to walk away from this and not at least put some guideline or structure in the code of Virginia. Listening to this today I thought we were dealing with the end of western civilization. For crying outloud, it's just an overnight stay at a House. I don't know how many, five, 10, six, 18 of them anyway doubters. That's something -- by the way, you know, local governments, they can control parking and a whole bunch of other stuff to control what goes on there. So right now local governments are getting zero. This practice is going on here in Virginia and everywhere else. The hotels who were supposedly at a competitive disadvantage, if that is accurate they already are. If we walk away and do nothing, what changes? Like I said, if my county gets 20 cents out of this bill after it goes into effect, that is 20 cents than they are getting now. So, I would hope that you all would pass this bill. This is a genuine case where something is better than nothing, it would be a mistake for us to walk away and not do anything and there is no need to study this bill, none, zero.
[Unknown]
Thank you, Senator. The senior Senator from loudon, Senator Black .
Dick Black
Ladies and gentlemen, it might amaze some people, there is something called home exchanges and my son and his family have got a home out in pebl beach, very nice area -- bebb he'll beach, very nice area, every year they go to europe, go to netherland, rome and tuscany and exchange homes back and forth, life goes on, it's unregulated, the government doesn't get involved, doesn't have to decide everything they do. And, in fact, my gosh, they even leave a bottle of wine on the counter when somebody arrives. And life goes on. And, you know, this proposal is not going to just finish, there will be little tweaking that goes on. But, honestly, I am just amazed that we think that enterprise, private enterprise for, you know, small things, not the gigantic things but the ordinary things, we think they cannot be done without our in-depth oversight. We have got to have our claws in everything. And as far as a meth lab or somebody drinking too much, I 'm sure that has never happened in a hilton or a marriott. I'm sure they have never had a wild party or had some disreputable people enter through their portals. Please, I mean, let's be honest, this is something that is very doable, it's going to enrich the economic fabric of the state and we ought to do it and then we will come back, we will be doing -- you know, for the next two, three, four years, we'll be tweaking it, making little modification, but let's make it happen, let the industry start and then we can do a little bit of regulation. But I think we should pass this thank you. Bill.
[Unknown]
Thank you, Senator. The Senator from Prince William County, Senator pike.
[Unknown]
Speaking to the bill.
[Unknown]
Senator has the floor.
[Unknown]
This bill is about folks exercising the right to use their property and land, frankly they are doing it now, this provide a framework to get on the books, allow the framework of this to take place. This is a common sense bill, in fact my seat mate and I were per using through the -- perus go through the neighborhoods, this is nothing but money going back to help our schools and levels the field. It's time we pass this bill.
[Unknown]
The -- Senator Vogel .
[Unknown]
Thank you, Mr. President. I just have to say I really, really misjudged this bill. When it came to me and I sat down and considered how this would go and I said, you know, I want to be sure the hospitality industry will be okay with this, this is just your residence and we worked through this, one of the things I didn't mention at the outset that is important is we worked with the hospitality industry to say we know where this is headed and we know that outside the narrow scope of this bill which is homeowners, which I 'm trying to sort of, you know, prevent from overregulation at the local level, I 'm concerned where I thought the mutiny was going to come from was irate homeowners were going to be upset that I was taxing them. Who knew that people were going to flip out the other way, just shows you sometimes I am truly dump as wood. Moving beyond that I thought the hospitality industry would embrace this because what we were doing for them is saying all the things you are worried about we will studied and, frankly, it wasn't germane to this bill because this was not applicable to hospitality industry, doesn't apply to hotels and b and b's. All that stuff is not in this bill. We said if you read the bill that all of that goes to a study and that's the part that everybody is standing up and talking about and saying that needs to be studied. That needs all the stakeholders sit down and consider all those issues about an online third party coming in and considering how we will manage that. And to all the concerns that were raised, I just want to say in defense of this bill and certainly anybody who has localities concerned, anybody with folks in the hospitality industry concern, for sure you don't have to support the bill but I need to advocate for the bill and say for all of those concerns, outside of this limited scope of your own home, all of that will be considered and that long term study. To the extent that people have talked about, gosh, what if you have more than four people stay at the House or what about fire or what about all those local ordinances. Every single one of those local ordinances can still exist. A locality can pass all those local ordinances. Those are legitimate concerns, glad they were raised and I want to speak to that. Localities, that is what locale 'tis were concerned about, you can limit and regulate all those things, how many people can be in the home. That's 100% still under the perview of the locality and to the extent any of those bad things are happening, today those localities can pursue anybody who is breaking the law right now in violation of those ordinances. With that, I would just ask that the body please consider the bill and pass the bill. Thank you.
[Unknown]
Thank you. The Senator from Roanoke city,
[Unknown]
Speaking to the bill. Senator Edwards .
[Unknown]
Senator has the floor.
[Unknown]
Mr. President, this wasn't on my radar screen until recently, I looked at it and read it and I 've heard nothing but negatives from my local governance, which is to be expected. This seems like it was the uber bill, took a year to get it ready to go. This bill is not ready for prime the issues are complex, they are time. Numerous. It says preemption of certain state and local laws. Have we thought through all the laws that are being preemptied here? The commonwealth is preempting a lot of laws. Zoning issues, insurance issues, tax issues, the hospitality industry I 'm sure has something to say about this. There is a reason why every locality I 'm aware of is opposing this. There's a reason and we shouldn't just brush that aside. I think at a minimum, Mr. President, we need to study this for a year, look at all the complexities. Every time I read this I 'm thinking what about this, what about that, what about the other thing? I think it definitely not ready for prime time, would be a huge mistake, I ask the bill be carried over and studied for the neck year, that's the only proper thing to do.
[Unknown]
The Senator from Buckingham, Senator Garrett .
Tom Garrett
Thank you, Mr. President, quickly. [laughter] the only thing passing this bill would allow for collection of taxes. Not ready for prime time means do nothing. I associate myself with remarks from the senior Senator from Fairfax, he's spot on, this is a good bill and not doing anything costs us money. Thank you, Mr. President.
[Unknown]
Thank you, Senator. The question is shall Senate bill 416 pass? All in favor of the motion will record their votes aye, opposed no. Have all the senators voted? Do any senators desire to change their votes? The clerk will change the roll.
Tom Garrett
Ayes 20, nos 19.
[Unknown]
Ayes 20, nos 19, the bill passes.
[Unknown]
Moving forward to Senate bill 751. We rejected the substitute and you had some -- you waived the reading of the floor amendment, Senator, and now we need to move the floor amendment to be agreed to and you have the floor.
[Unknown]
Thank you, Mr. President. At this point I would like to accept the floor amendment. And what this does, Mr. President, is we have looked at not just single family residences, we looked at hotels, we looked at motels, we looked at everything and everybody being able to apply and register under airbnb or any type of hosting platform and what we have done with this floor amendment is we said that the provisions of this shall not come into effect until April 1st, 2017, and that's what number 2 does and number 3 send it to the housing commission to truly look at this and make sure that as they look at this we look across the board and take a broad brush approach while studying this and come back with the appropriate regulations, the appropriate laws to really encompass everybody on this. And with that, Mr. President, I would like to accept the floor amendments.
[Unknown]
Mr. President?
[Unknown]
The senior Senator from Henrico .
[Unknown]
Would the Senator yield for a question?
[Unknown]
Would the junior Senator yield for a question?
[Unknown]
I will.
[Unknown]
He will.
[Unknown]
Will the Senator tell me whether or not his bill either as contemplated or in the floor amendment deals with the question of taxation that we just heard discussed in the previous bill, the changing of "May " to "shall?"
[Unknown]
I will tell you that the underlying bill on this, I believe, allows -- give me one second, Mr. President. Mr. President, the underlying did not look at changing the "May " to "shall" and the reason it's going to study is looking at all inclusive the underlying bill and come back with strong regulations from the housing
[Unknown]
I thank the Senator. Committee.
[Unknown]
Senator Barker ?
[Unknown]
Just a quick question, make sure I and others understand where we are. When we took this bill up originally before there was a pause and consideration, was the committee substitute agreed to?
[Unknown]
The committee substitute was rejected, Senator. Senator from Alexandria, Senator Ebbin .
Adam Ebbin
Will the Senator yield for a question?
[Unknown]
Will you yield?
Adam Ebbin
I will.
[Unknown]
He will.
[Unknown]
I see that the floor amendment says the provisions of this act shall become effective April 1, 2017. Are there any conflicts in this bill with the bill we just passed? Can we have both?
[Unknown]
The junior Senator .
[Unknown]
Mr. President, and I would tell the gentleman from Alexandria, we can have both but it takes this underlying bill, send it off to the housing study to come up with a comprehensive approach. This is a very complex issue dealing with multiple platforms -- I 'm sorry, not multiple platforms, multiple rental unit, dealing with hotels using airbnb, condos using airbnb, your secondary, tertiary, fourth residence, it deals all inclusive for anything you want to rent out.
[Unknown]
Will the gentleman yield for an additional question?
[Unknown]
Will the gentleman yield for an additional question?
[Unknown]
He will, Senator .
[Unknown]
I will.
[Unknown]
I will tell the gentleman I 'm not 100% clear. I'm looking at the amendment, it says Page 3 of supplemental 1. His amendment says the provisions of this act shall become effective April 1, 2017. So is there anything in sb 751 as introduced which I think is what we are dealing with now, anything in there that would conflict with the bill that we just passed? Any provision that contradicts the other?
[Unknown]
Junior Senator ?
[Unknown]
Mr. President, I will have to say that I am not absolutely positively sure, but the whole gist of what we are doing here is to send it off to a study to come back with a logical, well thought out approach to solving this problem.
[Unknown]
Thank you. The Senator from Alexandria .
[Unknown]
Final question, I don't want to belittle this.
[Unknown]
Will you yield for a question?
[Unknown]
I will.
[Unknown]
He yields.
[Unknown]
I understand number 3 is the study which I think is a great idea but the fact it says it becomes effective, I think, sir, Senator, that you might do better with a reenactment clause there because we could end up with two laws on April 1, 2017, in contradiction. I'll leave it at that, you can enlighten me.
[Unknown]
If the gentleman is making a recommendation that we change item 2 to a reenactment clause I 'd be happy to accept that as a friendly amendment. Otherwise, Mr. President, the logic and the timing of this basically says that we send it out to a study, that study to be concluded by December 1st, 2016, allowing time for this chamber to and the general assembly to come back in with any changes to legislation and the enactment clause making this effective April 1, 2017, gives us a vehicle that we can modify from recommendations out of the housing commission.
[Unknown]
Thank you, Senator. The motion on the floor is whether the floor amendment will be agreed to. All in favor of agreeing to the floor amendment will say aye. Those opposed no. The ayes have it, the floor amendment is agreed to. The junior Senator .
[Unknown]
Mr. President, I would like to move that we engross and advance the bill to its third reading.
[Unknown]
The senior Senator from fair fax county, Senator Saslaw .
Dick Saslaw
I have a substitute motion, since the bill from Senator Fauquier has a provision for a housing commission study it, I don't see any reason to have the bill out here any longer, I move the bill be recommitted to the Senate finance committee.
[Unknown]
Mr. President, if I May ?
Dick Saslaw
The junior Senator from Virginia beach.
[Unknown]
Mr. President, if I May, I 'd like to explain that the gentle lady from Fauquier, her bill is focused to one specific thing to your primary residence. This bill expands it to just about any place you could rent where someone to lay their Head .
[Unknown]
The motion on the floor is to recommit the bill to finance. All in favor say aye. Those opposed no. The ayes have it, the bill is recommitted to finance. Going to Page 1 of the supplemental calendar. Senate bill 731. We agreed to your substitute, Senator, the committee substitute and we stopped with the engrossment and advancement, so you have the floor.
[Unknown]
Thank you, Mr. President, I would move we engross and advance the bill to its third read.
[Unknown]
Jed: thank you, Senator. The question is shall Senate bill 731 be engrossed and advanced to the third reading. All in favor say aye, opposed no. The ayes have it. The Senator from Augusta .
[Unknown]
I move we waive the third constitutional reading.
[Unknown]
All in favor of the motion record their votes aye, opposed no. Are all the senators ready to vote. Do any senators desire to change their votes, the clerk will close their roll.
[Unknown]
I move the bill pass and I 'd like to speak to that.
[Unknown]
Senator has the floor.
[Unknown]
Thank you. This is the capital bond bill that we let go bye so members would have an opportunity to look at it. This bill, Mr. President, represents our effort at addressing the most critical or priority needs for funding for capital projects in the commonwealth. As many are well aware the governor in his introduced budget included a package but we have selected out our priorities and in so doing we focused just the basics I will give you, we're late into the day. This includes $1.3 billion for the priority needs for higher education, community college system and for state parks under dcr. I would share, Mr. President, that the governor proposed a bond package of $140 million. We have peared that back, the committee recommended paring it back to $145, the total package is smaller than that that had been recommended by the governor in the introduced budget. In addition to that $1.3 billion there's 39 million included in supplemental projects, some for the veterans care center where there was additional need for appropriation, veterans war me more ial and a couple other small projects, there is 13 million included in the project for those that are nearing completion that need to be there are 16 million for equipped. Planning projects that have been represented to be the priority that were put into pipeline. I would say, Mr. President, that we have pared that back, if we went forward with the building program we didn't want to put additional project in the planning process, the planning goes stale and there's always the expectation if you put it in the planning you will build the project. 16 million there. In addition to that, there is 59 million authorized for waste water treatment plants for upgrade. That is the amount that we currently are responsible to pay back to local governments for our share meeting our responsibility on this waste water treatment plant upgrades. Mr. President, that is the basics of the bill and I move it passes.
[Unknown]
Thank you, Senator. Senior Senator from Bath, Senator Deeds .
Creigh Deeds
Will the Senator yield for a couple questions.
[Unknown]
Will you yield?
Creigh Deeds
I will.
[Unknown]
He yields.
[Unknown]
Looking at the department of conservation and recreation, there was hangs ago in the governor's budget or governor's bill in the first place to acquire new park land yet there is no money for acquisition of park land in this bond, is that correct.
[Unknown]
And if that is correct I would ask to explain why we are not acquiring new park land or natural area land?
[Unknown]
I would say to the ?Roar Bath, in the process here we are all well aware you have to form a consensus and majority rules and as the Senator from Bath knows, he and I have been fairly aggressive proponents for our park system for years. Had it been my decision alone I would have included money to purchase some land and in southwest Virginia but the consensus in the committee that made the recommendation and the status of my bill is we have included no money for additional land acquisitions at this time.
[Unknown]
Senator from Bath .
[Unknown]
Would the gentleman yield for additional question?
[Unknown]
Would the gentleman yield? He yields.
[Unknown]
In looking at projects and comparing it to the list of projects the governor had recommended, I noticed a couple projects in parks or proposed parks for the 25th district including money for a couple projects in Bath County have not been included in the Senate budget but I also notice a proposal to develop white water state park, construct maintenance in barn and storage area to replace maintenance complex, to construct a maintenance area, some soil erosion projects at various places, to renovate a pool Bath House and the state park and renovate a pool Bath House at Westmoreland park are not included in the bill and I wondered in drawing the priorities, how was it these were not included.
[Unknown]
Senator from Augusta .
[Unknown]
I would respond to the Senator from Bath on a couple points. First it was the general consensus in the sub committee and finance committee that new construction would be eliminated, at least major new construction, we're talking biscuit run and wide water specifically which would be $80 million in construction to build out those projects. As the Senator knows well we historically have not completely built out a project, all the phases at one time but that was a fairly expensive proposal for those two, biscuit run and wide water. The additional omissions you pointed out were mostly new construction whether a maintenance facility here and there, most were new. A couple specific items that were eliminated were things that were being addressed where there were recreational opportunities being represented but the committee decided in those instances not to move forward with pool rent oh vaition and things of -- renovation and things of that sort.
[Unknown]
The ?Roar Bath .
[Unknown]
I thank the Senator for answering my question.
[Unknown]
The question is small Senate bill 731 pass. Are the senators ready to vote.
Bill Howell
Have all the senators voted? Do any senators desire to change their votes. The clerk will close the roll.
[Unknown]
The bill passes. The Senator from James city county, Senator Norment .
Tommy Norment
.
[Unknown]
.
Tommy Norment
.
[Unknown]
.
[Unknown]
.
[Unknown]
Mr. President, inquiry of the clerk, does that complete today's calendar. >>.
[Unknown]
We lava knotter supplemental calendar on your computers. Just kidding. [laughter and groans] got you.
[Unknown]
In light of that why don't we stand in recess until 9:15 tonight? I've already seen one.
[Unknown]
That does complete the calendar.
[Unknown]
Is there any other business to come before the Senate ? The Senator from Arlington, Senator Favola .
[Unknown]
I rise on personal privilege. The acupuncture society is hosting an acupuncture open House in 9:30 to 11:30 on the fourth floor west conference room and they are promising to provide on-site acupuncture opportunities, so, I hope you can all stop by. Thank you.
[Unknown]
Thank you, Senator. The Senator from Grayson, Senator Carrico .
Bill Carrico
Rise for announcement.
[Unknown]
Senator has the floor.
Bill Carrico
Dmv agencies will have an exhibit today through Friday, I would like to invite all my fellow members to stop by the exhibits in the general assembly building this week. The dmv mobile connect team will be there conducting transactions, if you need a new driver's license and you didn't smile for the old one you can get one at this location and if you need a vehicle registration you can apply there. If you are like my seatmate and need a disabled parking placard, you can apply there. Apply for your veteran's I .D. Cards and the dmv employees will be there highlighting their partnerships with the dmv such as now offering vital record for birth certificates, death certificates, marriage certificates, divorce certificates, e-pass transponders, all those things you need through dmv you can get there this week and I would encourage every one to be there.
[Unknown]
The clerk will please give any announcements on the desk.
[Unknown]
Today February 16th, the education sub committee on higher education will not meet. The education and health sub committee on higher education will not meet today. The committee on local government will not meet. The committee on privileges and elections will not meet. The finance subcommittee on education will meet, Senator from James city? The Senator from James city? The finance subcommittee on education will meet at --
[Unknown]
4:00.
[Unknown]
4:00, tenth floor conference room, this is a work group meeting,. The education and health subcommittee on health will meet 4:00 p.M. East conference room. The finance sub committee on capital outlay will meet at 5:00 a.M. Fourth floor conference room, this is a work group meeting. Tomorrow, Wednesday February 17th, the finance subcommittee on public safety will meet 8:00 a.M., 10th floor conference room, this is a work group meeting. The women's legislative roundtable will meet at 8:30 a.M. East conference room, committee on finance will meet 9:00 a.M. The sub committee on education k-12 will meet immediately on adjournment of finance. This is a work group meeting. The republican caucus will meet at 11:30 a.M., Senate room 2. The democratic caucus will meet at 11:30 a.M. In Senate room 1.
[Unknown]
The Senator from James city cone, Senator Norment .
Tommy Norment
Is this when we recess until 9:15, sir?
[Unknown]
If that's -- if that's your desire, yes.
Tommy Norment
In the alternative, Mr. President, I respectfully move the Senate adjourn until 12 noon tomorrow.
[Unknown]
The question is shall the Senate stand adjourned until 12:00 noon tomorrow. All in favor say aye, opposed no. The Senate stands adjourned the Senate stands adjourned