02/17/2016 Senate Proceedings

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Index

HB26—00:00:52
HB285—00:02:42
HB308—00:00:36
HB295—00:00:28
HB383—00:00:20
HB352—00:00:28
HB285—00:00:40
HB56—00:00:22
HB373—00:00:20
HB375—00:00:20
HB20—00:00:26
HB295—00:00:20
HB376—00:01:00
HB286—00:00:24
HB375—00:00:20
HB20—00:00:24
Sen. Tommy Norment (R-Williamsburg)—00:00
Sen. Bill DeSteph (R-Virginia Beach)—00:06
Sen. Jill Holtzman Vogel (R-Winchester)—00:04
Sen. Jeremy McPike (D-Dale City)—00:10
Sen. Richard Stuart (R-Westmoreland)—00:02
Sen. Louise Lucas (D-Portsmouth)—00:06
Sen. Bryce Reeves (R-Spotsylvania)—00:06
Sen. Barbara Favola (D-Arlington)—00:02
Sen. Tom Garrett (R-Lynchburg)—00:02
Sen. John Cosgrove (R-Chesapeake)—00:04
Sen. Mark Obenshain (R-Harrisonburg)—00:04
Sen. Tommy Norment (R-Williamsburg)—03:10
Sen. Chap Petersen (D-Fairfax)—00:58
Sen. Tommy Norment (R-Williamsburg)—00:02
Sen. Chap Petersen (D-Fairfax)—00:02
Sen. Tommy Norment (R-Williamsburg)—00:42
Sen. Roz Dance (D-Petersburg)—00:04
Sen. Louise Lucas (D-Portsmouth)—00:04
Sen. John Cosgrove (R-Chesapeake)—00:04
Sen. Tommy Norment (R-Williamsburg)—00:02
Sen. Tom Garrett (R-Lynchburg)—00:04
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Minutes

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

Prayer offered by Doug Gochenour, Doug Gochenour Ministries,
Stanley, Virginia

ROLL CALL OF MEMBERS: quorum present

Motion of Senator Locke dispensed with reading of Journal (35-Y
5-N)

COMMUNICATION FROM HOUSE (HN10216): reading waived (27?Y 13?N),
reconsidered (37-Y 1-N 1-A), reading waived (38-Y 1-N)

The House of Delegates has passed the following House bills: HB 8,
47, 98, 102, 168, 171, 177, 180, 183, 197, 240, 283, 287, 342, 364, 367, 378,
389, 407, 420, 444, 450, 451, 467, 485, 499, 510, 517, 543, 584, 588, 602, 605,
610, 616, 622, 625, 628, 645, 665, 675, 681, 703, 711, 715, 728, 730, 735, 741,
752, 754, 765, 768, 773, 775, 779, 783, 786, 811, 814, 817, 823, 831, 835, 842,
857, 858, 860, 861, 862, 868, 874, 883, 886, 889, 890, 891, 892, 895, 896, 904,
910, 920, 922, 924, 986, 1012, 1016, 1044, 1053, 1068, 1069, 1070, 1087, 1090,
1102, 1105, 1108, 1110, 1111, 1114, 1135, 1149, 1150, 1160, 1166, 1174, 1189,
1190, 1197, 1213, 1226, 1227, 1228, 1238, 1245, 1255, 1257, 1259, 1260, 1261,
1263, 1264, 1276, 1279, 1282, 1287, 1288, 1289, 1290, 1291, 1310, 1312, 1317,
1318, 1319, 1325, 1328, 1343, 1344, 1345, 1350, 1361, 1362, 1379, 1383

The House of Delegates has agreed to the following House joint
resolutions: HJ 3, 90

The House of Delegates has agreed to the amendments proposed by the
Senate to the following House bills: HB 88, 205

House bills and joint resolutions referred: see February 18 Senate
Calendar

BILLS REPORTED

From Finance: HB 22, 182, 328, 742S, 1194, 1331S

SJ 160 - offered by Senator McPike

SJ 161 - offered by Senator Newman

SJ 162 - offered by Senator DeSteph

SJ 163 - offered by Senator Petersen

Joint resolutions laid on Clerks Desk under Senate Rules 11(b),
26(g) and HJR 37: see February 18 Senate Calendar

CALENDAR

UNCONTESTED CALENDAR

HOUSE BILLS ON THIRD READING

HB 816 - Read third time, Passed Senate block vote (40-Y 0-N)

HB 304 - Read third time, Committee amendment agreed to (voice
vote), Engrossed, Passed Senate block vote (40-Y 0-N)

HB 321 - Read third time, Passed Senate block vote (40-Y 0-N)

HB 405 - Read third time, Passed Senate block vote (40-Y 0-N)

HB 462 - Read third time, Passed Senate block vote (40-Y 0-N)

HB 529 - Read third time, Passed Senate block vote (40-Y 0-N)

HB 1066 - Read third time, Passed Senate block vote (40-Y 0-N)

UNCONTESTED CALENDAR

HOUSE BILLS ON SECOND READING

HB 23 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

HB 80 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

HB 186 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

HB 315 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

HB 1170 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

REGULAR CALENDAR

HOUSE BILL ON SECOND READING

HB 596 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

REGULAR CALENDAR

HOUSE JOINT RESOLUTION ON THIRD READING

HJ 210 - Passed by for day

SJ 163 - Rules suspended, taken up for immediate consideration
(39-Y 0-N), Agreed to (voice vote)

On motion of Senator Newman, the Senate adjourned in Memory
of Barbara Rose Johns Powell and U.S. Supreme Court Justice Antonin Scalia at 12:54
p.m. to convene Thursday, February 18, 2016 at 12 m.

 

Transcript

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

[Unknown]
The Senate will come to order. The senators will please take their seats. Those persons not entitled to the privileges of the floor will kindly retire to the gallery. The senators and all in attendance will stand and be led in prayer by the Reverend doug gochenour, doug gouchenour ministries, Stanley. I thank you God for the very breath you give us. I thank you that hope remains because you are our hope, our steadfast hope. We need you, God. Your word says that apart from you, we can do nothing but with you all things are possible. Father I ask that you touch these precious men and women, giving them your wisdom, your direction, your grace and strength. Help us, father, lay your hand upon us as you guide us into your truth. Remind us God as my grandmother used to say that we are not our own, we are here, father, for your purpose to serve you and to serve those you create the. We love you, God, I ask that you draw us and hold us and fill us and keep us by your power. May your will be done on earth as it is in heavy. We ask all of these things in the name of you our faithful father and soon coming king and we pray this in your name, amen.
Bill Howell
Amen. [no audio] >> The clerk will call the roll, all those present will please vote aye. The clerk will close the roll.
[Unknown]
You have a quorum, Mr. President. Senate journal for Tuesday, February 16, 2016.
Bill Howell
The Senator from a Hampton, Senator Locke moves the reading of the journal be waived. All in favor of waiving the reading of the journal please vote aye, opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
Mamie Locke
Ayes 35, nos 5.
[Unknown]
Ayes 35, nos 5. The reading of the journal is waived. The clerk will report any communications from the House of delegates. The Senator from James city county.
Mamie Locke
Because we have a lot of time this morning why don't we read the communications from the House, sir.
[Unknown]
We have already waived that reading.
[Unknown]
Thank you. I would respectfully move we waive the reading of any communications from the House of delegates. The question is shall the reading of the communications from the House of delegates be waived. All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 27, 13 new seats out on broad street. [laughter]
[Unknown]
Yayt 17, nos 13. The motion fails.
[Unknown]
Mr. President. The Senator from Fairfax city.
[Unknown]
Mr. President, having voted for once on the prevailing side, I move that we reconsider that vote.
Bill Howell
I have another motion for the senior Senator from Bath to come up and read it, if we would like. The question is shall the vote by which the communications reading was waived be reconsidered. All in favor of the motion will. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 37, nos 1. Rule 36, 1.
[Unknown]
Ayes 37, nos 1, rule 36, 1,.
Bill Howell
The motion is agreed to. The question is shall the reading of the communication be waived. All in favor of the waiving the reading of the communications. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 38, nos 1.
[Unknown]
Ayes 38, nos 1. The reading of the communication is waived. The clerk will report any communications from the governor.
[Unknown]
We do not have any, sir.
[Unknown]
The time has come to welcome visitors to the gallery and take up other matters of the morning hour. The junior Senator from Virginia beach, Senator DeSteph .
Bill DeSteph
Mr. President, I rise for an introduction.
[Unknown]
The Senator has the floor.
Bill DeSteph
In the gally and on capitol grounds the Hampton roads realtor association the largest realtor trade association with over 3,300 members and over 600 affiliate members. They tip wally receive valuable training and information regard issues impacting the real estate market within the commonwealth. Please provide a warm welcome of the Senate, Mr. President.
[Unknown]
Thank you, Senator. Would members from the Hampton roads realtors association please rise. Thank you all for being here today. It was great visiting with some of you this morning. I know there are several pieces of legislation that I moving through the general assembly that you all have your eyes on. We appreciate you being up here and advocating for those things that are important to you. I would ask the members of the Senate to please join me in giving members of the Hampton roads realtor's association the warm welcome the Senate. [applause]
[Unknown]
The Senator from Fauquier, Senator Vogel .
Jill Holtzman Vogel
Thank you, Mr. President. I rise for an introduction.
[Unknown]
The Senator has the floor.
Jill Holtzman Vogel
We have today as guests in the gallery representatives from golden seal enterprises here visiting from Frederick county. And not just golden seal enterprises but this he have a number of sarando high school students who are interns and those high school students are interns but they did something really unique and this is they actually worked on legislation this year, Mr. President. I was proud that they came to visit today and were visiting members in both chambers to talk about legislation they were working on which I thought was wonderful. Frank Phillips the president and c.E.O. I would ask that you extend to them the very warm welcome of the Senate .
[Unknown]
Thank you Senator. What a great group you all have. Thanks for being here. It seems like you have been working on important legislation. I hope it either was successful or is going to be successful. What a great learning experience that is for the young scholars. Thank you all for being here. I would ask the members of the Senate to join me in offering members from golden seal enterprises and the high school the warm welcome of the Senate. [applause]
[Unknown]
The Senator from Prince William County, Senator McPike .
Jeremy McPike
I rise for an introduction.
[Unknown]
The Senator has the floor.
Jeremy McPike
We have five individuals in holy family catholic church. I have to attest that happens to be the place where I was baptized and so I am glad to see them joining us today. Kevin raymond, Marshall Williams. Mattie lupo, jacqueline novak and anna limsa. Molely family is engaged in many initiatives in the area from needing the homeless to counseling to classes on english and citizenship and so many other things important to the community. They are here advocating in the capitol and I wish that you provide the warm welcome of the Senate .
[Unknown]
Thank you, Senator. Would members from holy family catholic church please rise. Thank you all for being here with us this afternoon. As the good Senator from Prince William County said, thank you for all of the community involvement you have touching all the lives that you have. We appreciate all that you do and I hope you have a wonderful afternoon here in Richmond. I would ask the members of the Senate to join me in offering the members the warm welcome of the Senate. [applause]
[Unknown]
The Senator from Fairfax city. Senator peterson. Thank you. The Senator from Stafford. Senator Stuart .
[Unknown]
Thank you, Mr. President. I rise for an introduction.
[Unknown]
The Senator has the floor.
[Unknown]
Mr. President, it is my pleasure to bring to the attention of the members the presence in the gallery of folks from saint mary the immaculate conception church today. It is a very large and thriving congregation church in fed ricksburg and they are down here today advocating for needs of the community and I would say humanity in general. And I appreciate the fact that they are willing to come down here and do that and I would ask that you give them the warm welcome of the Senate .
[Unknown]
Thank you, Senator. Would members from saint marry the immaculate conception church please rise. Back to the gallery. And you all come from a beautiful city and have a lot to be proud of a and as the Senator said from Stafford we appreciate all that you do for the community and all of the lives that you touch. We hope you have a wonderful after noon in the state capital. I would ask that you join me in offering the warm welcome of the Senate. [applause] the Senator from Portsmouth, Senator Lucas .
Louise Lucas
Thank you, Mr. President. I rise for an introduction.
[Unknown]
The Senator has the floor.
Louise Lucas
Thank you, Mr. President. Seated in the gallery today are students from Surry County high school here today to observe us in action and to make sure that at least one of us behaves. I would appreciate it if you would extend to them the very warm welcome of the Senate .
[Unknown]
Thank you, Senator. Would the members from Surry County high school please rise? You all have a wonderful group today. And a day away from school, that is a good day, right? Appreciate you all being here. And you also come from a wonderful area of the commonwealth, Surry County. Always enjoy visiting there. Hope all is going well with your high school and your educational endeavors. I would ask the members of the Senate to join me in welcoming members from Surry County high school the warm welcome of the Senate. [applause]
[Unknown]
The Senator from Spotsylvania, Senator Reeves .
Bryce Reeves
Thank you, Mr. President. Good morning. I rise for an introduction.
[Unknown]
The Senator has the floor.
Bryce Reeves
Ladies and gentlemen of the body we are joined by teachers, parent staff of the Fredericksburg city schools Head start program coordinated by mse of the people in the community if you need something done Ms. Johnson is the lady to get it done. Head start program is based on the premise that all children share certain needs and can benefit from a comprehensive development program. They deal in health, mental health, hit acy, education, community partnership and parent involvement and make a mean coconut cake any time you come to visit. I would ask that you give a warm welcome to the members of the Head start program.
[Unknown]
Please rise. Thank you all for being here today and what an important time in a child's life and there is a lot of emphasis in the general assembly and with administration for early childhood development. A crucial time in a child's developmental stage. Thank you all for all of the work that you do. I would ask the members of the Senate to please join me in offering members from the Fredericksburg city schools Head start program the warm welcome of the Senate. [applause]
[Unknown]
The Senator from Arlington, Senator Favola .
Barbara Favola
Thank you, Mr. President. I rise for an introduction.
[Unknown]
The Senator has the floor.
Barbara Favola
Thank you, Mr. President. Today, joining us in the Senate gallery are members of the acupuncture society of Virginia. I don't know if some of the law makers had an opportunity but the accupuncture tests held an open House. They are here to education law makers about the practices and benefits of accupuncture. I don't know if some of us were aware but accupuncturists are actually licensed by the board of medicine. If you are brave and you would like to experience a brief accupuncture experience I guess you could speak to some of the members of the society after the session. I ask that the Senate provide a warm welcome to this group.
[Unknown]
Thank you, Senator. Would members from the accupuncture society of Virginia please rise. Senator, they May be watching from another viewing area of the capitol or perhaps on their way. Thank you all for being with us today. I would ask the members of the Senate to join me in offering the members of the accupuncture society of Virginia the warm welcome of the Senate. [applause]
[Unknown]
The Senator from Buckingham, Senator Garrett .
Tom Garrett
Thank you, Mr. President. I rise for an introduction.
[Unknown]
The Senator has the floor.
Tom Garrett
Joining us today in the gallery is Reverend tommy fleming. Mr. President, what makes aside from being a dynamic speaker with a voice I 'm a little jealous of what makes him remarkable in my estimation last year was their 150th anniversary. I am a history guy. That was 1865. Emesa is a primarily african american church that was found while the cloud of america's darkest hour still loomed over it. That speaks to the courage and faith and dedication of the congregation. It is still alive and a vie brand living church today and always exciting to know I will get to go back there. I got invited back this morning. A truly neat man and amazing institution. I ask that we give pastor tommy fleming the warm welcome of the Virginia Senate .
[Unknown]
Would pastor fleming and if you have any guests, welcome sir and thanks for being here. As the good Senator from Buckingham says it sounds like you have done wonderful things and we appreciate you visiting with us today. I would ask the members of the Senate to join me in offering pastor tommy fleming the warm welcome of the Senate. [applause]
[Unknown]
The Senator from Chesapeake, Senator Cosgrove .
John Cosgrove
Thank you, Mr. President. I rise for an introduction.
[Unknown]
The Senator has the floor.
John Cosgrove
Thank you, Mr. President. We are delighted to be joined by the great bridge women's club from cheese peek Virginia. An organization of 40 women led by their president dean bee johns. In part the federation of womens if clubs and the purpose is to support charities and community service programs locally, nationally and internationally. Some of the programs, operation smile fisher House, veterans hospitals, Chesapeake free care clinic, salvation army, christmas stockings and angel tree, chips, prince of Peace food pantry, after prom parties, shelters the great bridge battlefield foundation adopt a highway, a many, many more. Mr. President, I 'm delighted to have these ladies here is. They do so much for the community and the commonwealth. I would hope you offer them the warm welcome of the Senate .
[Unknown]
Please rise. Welcome. It is great to see some folks from Hampton roads. Thank you all for making the trip today and visiting with us. And as the Senator from Chesapeake said, thank you for all of the wonderful community involvement all of the charities that you all help with. That is what makes our world a better place to live because of people like you. Thank you and keep up the great work. I would ask the members of the Senate to join me in offering the members of the great bridge women's club the warm welcome of the Senate. [applause]
[Unknown]
The Senator from Rockingham, Senator Obenshain .
Mark Obenshain
I rise for an introduction.
[Unknown]
The Senator has the floor.
Mark Obenshain
First of all, I am sorry I missed the accupuncturists although I feel like I have had needles stuck in me during the entirety of the beginning of session. My purpose for rising is to direction your attention to a friend of pipe in the gallery our pastor delivered today's prayer, doug gochenour is a dear friend. He leads doug gochenour ministries out of Stanley, Virginia. He is a familiar face throughout the Shenandoah valley. He has an inspirational personal story. Take a look at his website and take a look at a little bit of his background but doug in addition to his ministry around the Shenandoah valley ministered in romania and ghana and Mr. President it is a pleasure to have doug with us today and I would ask you to extend doug gochenour the warm welcome of the Senate .
[Unknown]
Thank you, Senator. Would doug gochenour please rise. Thank you so much. Are these your guests. If you all would rise, too, that would be wonderful. Thank you so much for sharing your time with us today and helping us get off on the right foot and just as the good Senator from Rockingham said, it seems like you have been around the world and have touched so many lives in such a wonderful way. We will thank you for that and comment you and hope you will come back and visit us often and soon. I would ask the members of the Senate to please join me in offering Mr. Doug gochenour and his guests the warm welcome of the Senate. [applause]
[Unknown]
Is there any other business for the morning hour? Seeing none the clerk will please call the calendar.
[Unknown]
Senate calendar for Wednesday February 17, 2016. Uncontested calendar, House bills on third reading.
[Unknown]
The Senator from James city .
[Unknown]
Thank you, Mr. President. I would move that all of the House bills on the third reading on the uncontested calendar which would include all House bills on pages 1-3 including House bill 816 through House bill 1066 be placed on the final passage in the block after the adoption of any amendments. Any Senator who desires to remove a House bill from the block please do so after the clerk has read the number of the bill. The question is shall House bills on the uncontested calendar calendar third reading pages 1-3, House bill 816 through House bill 1066 be place the upon their final pass and in the block after the adoption of any amendments there to with the understanding any senators desiring a bill removed from the block would do so after the clerk has read the number of the bill. All in favor say aye. Those opposed, no. The aye have it. The motion is a agreed to. Read the number of the bills.
[Unknown]
House bill 816 reported from the committee on rehabilitation and social services. House bill 304 reported from the committee on commerce and labor with amendment.
[Unknown]
The senior Senator from Virginia beach, Senator Wagner .
Frank Wagner
The move adoption of the committee amendment.
[Unknown]
All in favor say aye. Those opposed, no. The committee amendment is agreed to.
Frank Wagner
House bill 132?, House bill 405 reported from general laws and technology. House bill 462. House bill 529 reported from the committee on general laws and technology. House bill 1066 reported from the committee on general laws and technology.
[Unknown]
Thank you, madam clerk. The question is shall the House bills pass in block? All in favor of the motion wille opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? Ecloses.
[Unknown]
Ayes.
[Unknown]
S 40, nos 0.
[Unknown]
Ayes 40, nos 0. The bills in the block pass.
[Unknown]
Uncontested calendar House bill on second reading.
[Unknown]
The Senator from James city .
[Unknown]
Thank you, Mr. President. I would move that the rules of the Senate be suspended and the second constitutional reading of the title of House bills on the second reading which would include all of the House bills on pages 4 and 5 including House bill 23 through House bill 596.
[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 calendar and regular calendar pages 4-5, House bill 23 through House bill 596 be dispensed with. All in favor of the motion will. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The read of the titles is dispensed with. The Senator from James city county.
[Unknown]
Mr. President I would move that all of those bills be passed bye for the day, sir.
[Unknown]
The request he is shall the House bills on the uncontested calendar and regular calendar now on third reading go bye for the day. All in favor say aye. Those opposed, no. The ayes have it.
[Unknown]
Regular calendar. House joint resolution on third reading. 210 election of supreme court of Virginia justice. Reported from the committee of courts of justice.
[Unknown]
The Senator from Rockingham, Senator Obenshain .
Mark Obenshain
Could that go bye for the day.
[Unknown]
With that objection, House bill 210 will go bye for the day.
Mark Obenshain
We have a Senate joint resolution. The Senator from Fairfax .
[Unknown]
Thank you, Mr. President. I call up Senate joint resolution 163 and move that the resolution pass and speak briefly to the motion.
[Unknown]
Senator, we need to suspend the rules.
[Unknown]
Move to suspend the rules.
Bill Howell
Thank you about, Senator. The question is shall the rules be suspended and Senate joint resolution 163 be taken up for immediate consideration. All in favor of the motion will. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 3-9d, nos 0.
[Unknown]
Ayes 39, nos 0. The rules suspended to take up the resolution for immediate consideration. The clerk will please read the title.
[Unknown]
Senate joint resolution number 163 commending the Washington redskins.
[Unknown]
Thank you, madam clerk. The Senator from Fairfax city, Senator peterson.
[Unknown]
Thank you, Mr. President. Move the resolution pass and speak briefly to the motion. It was pointed out by the gentleman from Virginia beach that I did not include the name of bruce Smith in the Hall of fame members for the redskins, but he did choose to be enshrined as a buffalo bill. He was a great player and he was have Virginia beach and played for tech. We are having guests tomorrow so we pass this resolution, he was no Norfolk, okay. Passing this resolution in honor and respect to our guests that visit us tomorrow. I move the resolution pass.
[Unknown]
Thank you, Senator. The Senator from James city county, Senator Norment .
Tommy Norment
Mr. President, it is like the Senator was reading my mail and I know that that was a totally unintended slight to that extraordinary gentleman who played for the redskins for many years. And is there a procedure available whereby House joint resolution number 163 can be amended, sir?
[Unknown]
I have no objection. Would the gentleman yield for a question?
Tommy Norment
What was your question?
[Unknown]
Would the gentleman yield for a question.
Bill Howell
Would the gentleman from James city county yield?
[Unknown]
Only if he gives the right resolution.
[Unknown]
He yields, Senator .
[Unknown]
If we amended to add the name would that be acceptable.
[Unknown]
I am pleased that the gentleman had a football epiphony and could agree to that.
[Unknown]
Could the clerk add the name prior to adoption.
[Unknown]
Thank you. The motion on the floor is to agree to the resolution. The question is shall the resolution be agreed to? All in favor say aye. Those opposed, no. The ayes have it. The resolution is agreed to.
[Unknown]
The Senator from James city county.
[Unknown]
Mr. President, inquire of the clerk does that complete today's calendar?
[Unknown]
Yes, sir.
[Unknown]
I will return to the morning hour and recognize the Senator from Petersburg, Senator Dance .
Roz Dance
Thank you, Mr. President. I rise for the purpose of introduction.
[Unknown]
The Senator has the floor.
Roz Dance
Today in the gallery we have a group of visitors from the Virginia association of family and consumer service. In the group are Dr. Alice joiner and weather sho. Students from Virginia state university and bridge water college. And today is their annual day at the hill hosted by the Virginia association of family and consumer sciences. Teachers, university college faculty, extension agents, early childhood educators administration and managers, health and service! Perts, business professionals, research community volunteers, consultants and preprofessional students have comfort past several years. I would ask that you give them the warm welcome of the Senate .
[Unknown]
Thank you, Senator. Would members from the family and consumer sciences please rise. Thank you all for being with us today. We had a short session today because it was just cross over so everything that we did has gone down to the House and vice versa and we will pick it up in the next few days. Appreciate you being here today and hope you have a wonderful visit in Mr. Jefferson's capitol. Join me in offering members from Virginia state university and bridge water college the warm welcome of the Senate. [applause]
[Unknown]
The Senator from Portsmouth, Senator Lucas. I rise on a point of personal privilege.
Louise Lucas
The Senator has the floor.
[Unknown]
Thank you. As we celebrate Black history in the month of February many notable african minutes and their outstanding achievements and accomplishments are recognize the. Many highlight the every February are the safe conventional adults and not persons who have been revolutionary and changed the status quo. However, today I would like to honor and pay tribute to barbara rose johns powell, a 16-year-old teenager who boldly and without reservation led the student strike at robert molton high school in April 23, 195 to protest the long standing inequal the and insosatieses at her school. She was born in new York city in 1935. And was reared in Prince Edward County Virginia where her family had its roots. Her father was a farmer and her mother worked in the united states navy in Washington, d.C. There were four other siblings in her family and her uncle was an outspoken activist for children rights. He queried the children about Black history which piqued their conditions. Throughout the commonwealth school women including curricular, textbooks, bus transportation and school buildings were grossly inferior to the public education afforded white students. One scam was a school built in 1939 for african american children. The school was inadequate, overcrowded from the start. Unlike the high school for white students, this high school did not have a gymnasium, did not have a cafeteria, did not have an auditorium with fixed seats, did not have locker rooms or an infirmary. As the enrollment of the school continued to grow the county built temporary tar paper shacks, out buildings made of wood, covered in tar paper and heated with a single steve which were invariabilitiy leaky and chilly. Barbara johns was educated at robert russo molten high school. This all Black school in which the teachers had stoke up the wood burning stove in the classrooms so they would have heat contribution during the winter they had to wear coats because the classroom was so cold. African american parents students and pta members were disturbed by the in equities and gross inadequacies. They tried to work through all of the all white school board to bring about change. The school board was extremely unresponsive to requests for a new school and improvements. Frustrated, frustrated. By the lack of progress and angry, angry by the disparities for high schools between african american and white students on April 2, 1951 barbara johns let a student strike in which students either remained on school grounds and carried picket signs or sat the desks with the books not opened not participating in instruction while they sought to meet with the superintendent and other officials. These meetings were futile. Therefore the students asked to meet with other naacp lawyers from Richmond. The student-led strike resulted in the case known as david vs. County school board of Prince Edward County. One of the five cases consolidated as brown vs. Board of education of topeka. Topeka kansas. That challenged the doctrine of separate but equal as unconstitutional under the equal protection clause of the 14th amendment. It should be noted that the facts in the Virginia case provided the inspiration and legal basis upon which brun vs. Board of -- brown vs. Board of education was argued before the supreme court. The closing of the school was the climatic event of a decade long strong in this rural agricultural region of south side Virginia. Not only did african americans suffer but citizens throughout Prince Edward County were affect as well by the deep contentious divisions created by the denial of public education to the african american communities, wounding the human spirit and ultimately contributing to job and home losses, family displacement and separations and a deep sense of despair within the african american communities. In 1964, the united states supreme court in griffin vs. County board order the public schools reopened, opining that the schools maintained denied and petitioners the class of students that they represent that equal protection of the law is called and called to put an end to the racial diskrame nation practiced against these petitioners under have Virginia law. However, and unfortunately if would not be before 2001 before the last case was finally dismissed and it was 2003 before the Virginia expressed any regret over massive resistance. In 2004, the general assembly established the brown vs. Board of education scholarship program and fund to provide opportunities for the education of persons throughout the commonwealth who were affect the by the school closings. Mr. President, I am proud to say that I am the chair woman of the brown scholarship committee that restored the education to nearly 100 virginians who were deprived of a public education. Many of these persons are now enrolled in graduate school. The events that took place at this Virginia school played an important role in the revolution of civil rights in both the commonwealth and the nation. The eventual sick session of this protest -- success of this protest led by a mere student has much to teach us today. We all have the ability to in infly Wednesday and improve -- influence and improve the society in which we live. She helped to bring state-sanctioned segregation to an end across the country. Although Virginia would respond to the supreme court decision with five years of massive resistance and with public schools in Arlington, Charlottesville and Norfolk would be closed and many african american and white students would suffer the loss of their education barbara john together with fellow students and the adults who brayly support the her were -- who bravely support the her were giant slayers who stood up to fight for the civil liberties upon which our state was founded. There is a beautiful portrait of barbara on display in the governor's max. It will be there for another two months. Hopefully you will take the time to see it while it is still here in the capitol. We can all learn from her pourer to stand for what it right. I move that when the Senate adjourns today we do so in memory and honor of barbara rose johns powell and I thank you.
Louise Lucas
Thank you, Senator. The Senator from Chesapeake, Senator Cosgrove .
John Cosgrove
Thank you, Mr. President. I rise for point of personal privilege and motion.
[Unknown]
The Senator has the floor.
John Cosgrove
I rise to express my admiration and awe at the legal mind that was antonin scalia. Justice scalia served on the supreme court since the reagan administration. A man of rock solid core beliefs and lived his life in accord with those heartfelt passions. A man of deep faith and believed the original intent of the framers of the constitution was the basis for the rulings of his on the supreme court. He was one of the most humble and self-depreciating men I have encountered. Being in his presence was an honor and listening to him speak was an awe inspiring moment. We can learn much from justice scalia's life and actions as he would never back down from his convictions but also be the kind of friend that we all want to call our own. His dedication to justice ruth bader ginsburg a justice with extremely liberal views and their friendship should be the template we adopt here in Richmond. He mentored justice kagan by taking her to the shooting range and arranging a hunting trip together which seemed to be not which should have happened. But his writings are explosive and laced with barbs and wit but he never belittled the other members of the court and showed respect to all of his peers. He would provide his defense to the majority writers so they were not surprise by his sometimes spicy and kit cal opinions. I would recommend to each one of the members here read his book scalia defense if you want to see incredible writing and incredible sense of humor as well. I and many americans are grieving at the loss of such a brilliant and gentle jurist. I ask that we take a moment to reflect on the life of supreme court justice antonin scalia and ask how we can be more like him in our daily interactions with each other. I move that we adjourn today in the honor and cherished memory of supreme court justice antonin scalia.
[Unknown]
Thank you, Senator. The Senator from James city county, Senator Norment .
Tommy Norment
Mr. President, I rise for point of personal privilege.
[Unknown]
The Senator has the floor.
Tommy Norment
And a brief point of observation. I want to thank the Senator from Portsmouth for her powerful voice in speaking about barbara johns. And I find these vinettes about Black history month both educational and moments of pride on how much progress we have made from the commonwealth of Virginia but yet how far we need to continue to go, I first learned about barbara johns as a number of members of this body did when governor mark warner created the commission for the first monument for her recognizing the civil rights movement here on capitol square. And a number of us had not only the opportunity to learn of the history and bravely and fortitude of barbara johns but much of what was behind the movement at the school in Prince Edward County and many of us were also here on the day of the dedication and I would say perhaps not enough of us were here on that day because it was certainly a monumental day I think in the commonwealth of Virginia. And that certainly remains a historical monument on capitol square which I think is a living visualization of the progress that we continue to make. But I would also say, Mr. President, that regardless of our color or our politic persuasion we all enjoy enormous pride in that and my recollection is that almost evermy member of this caucus made a contribution towards that monument. At that time as a modest of expression of support on that. If I can transition from that to just a point of observation and I would say particularly to our new members of the Senate that yesterday perhaps was an illusion to many of us and I say it was an illusion is that is appeared just like it was another day here in the Senate of Virginia on crossover. I know some of you perhaps were a little annoyed at perhaps the pushing that took place in the days leading up to yesterday. In my 24 years -- gosh, it is 25 years, no wonder I am feeling old and my whiskers are growing, that was the earliest I have ever seen us out of here on crossover. I remember being here when we would hold the clock Black because we are trying to stay in the same legislative day. So on a very personal note, I just want to thank each and every member of the Senate for your willingness to with a smile accept some of the pushing that took place and for the cooperation that we had yesterday and but for getting lost in the air for a couple of hours, we would have really been out of here early, Mr. President. I just wanted to express the appreciation.
[Unknown]
The Senator from bucking ham, Senator Garrett .
Tom Garrett
I rise on point of personal privilege.
[Unknown]
The Senator has the floor.
Tom Garrett
I didn't know I was going to do this today but I want to affiliate myself with the remarks from the Senator from Portsmouth and speak briefly because it as big deal to me. I didn't know who barbara johns was when I won an election in 2011 to come and represent Prince Edward County amongst several counties in the Virginia Senate and met a gentleman named lacy word while I was director who was the director of the museum there in farmville and then begun to familiarize myself with barbara johns. The Senator from Portsmouth spoke eloquently and accurately but there is even more. I am a history guy. I would mend my colleagues and anybody who is watching, anybody who hears this to learn about barbara johns because if you love Patrick Henry, you will love barbara johns. I don't overstate that. And the Senator from Portsmouth touched on this but to understand what she did, all of the adults in the community with the possible exception of vernon johns so whom she was related who was an outspoken civil rights leader said you kids don't do anything we will take care of this, it will be okay. Barbara johns was literally and you used the word a revolutionary who schemed against leadership, sorry, to get the principal of the school to go and address unreleased students to the principal would be gone and when he had returned she had taken to the stage at 16 years old against the advice of the adults and implored her classmates that separate but equal wasn't equal but it was separate. And I remember what I was trying to accomplish at age 16, and I 'm humbled because she was doing so much more important work. So, if you loved Henry you will love barbara johns. Go to farmville and check out the museum and read about barbara johns. The Black history is our history and her history is our history and she should be more well known and I would move to second the request that we adjourn in honor of barbara johns when we adjourn today. Thank you, Mr. President.
[Unknown]
Thank you, Senator. Any other business for the Senate today? The clerk will please report any announcements on the desk.
[Unknown]
Today Wednesday February 17. The committee for courts of justice 15 minutes after adjournment in Senate room about. The committee on transportation 45 minutes after adjournment in Senate room a, the rule caucus 5:00 p.M. Third floor east conference room. Tomorrow, Thursday, February 18 the committee on education and health meet at 8:00 a.M. Senate room b. The Hampton roads caucus at 8:0s conference room. The republican caucus will meet at 11:30 a.M. In Senate room. The democratic caucus at 11:30 a.M. In Senate room one. I would remind the members that tomorrow at 3:00 p.M. In Senate room 3 we will unveil the portraits of senators stosh and colbin.
[Unknown]
The Senator from Lynchburg, Senator Newman .
Steve Newman
I move that we now adjourn until 12 noon tomorrow and we do so in the memory of barbara rose johns powell and also in the memory of supreme court justice antonin scalia.
[Unknown]
The question is shall the Senate stand adjourned until 12 noon and we do so in memory of barbara rose johns powell and u.S. Supreme court justice antonin scalia. All in favor say aye. Those opposed, no. The ayes have it. The Senate stands adjourned until 12:00 noon tomorrow. [Senate adjourned] [Senate adjourned]