02/24/2016 Senate Proceedings

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Index

SB38—00:01:08
SB163—00:02:48
SB229—00:00:54
SB249—00:01:24
SB264—00:00:56
SB286—00:00:44
SB299—00:00:58
SB336—00:00:56
SB362—00:00:54
SB621—00:01:16
SB631—00:01:04
SB646—00:00:36
SB648—00:00:40
SB646—00:00:28
SB163—00:02:31
HB742—00:00:18
HB676—00:00:22
HB876—00:00:40
HB301—00:00:20
HB681—00:00:20
HB752—00:00:22
HB784—00:00:22
HB789—00:00:22
HB1294—00:00:20
SB163—00:00:12
HB1270—00:00:48
HB70—00:12:39
HB428—00:01:26
HB445—00:00:40
HB446—00:00:12
HB445—00:00:12
HB446—00:00:20
HB445—00:00:40
HB446—00:00:18
HB445—00:00:40
HB446—00:00:10
HB445—00:00:40
HB446—00:00:10
HB445—00:00:40
HB446—00:00:10
HB445—00:00:40
HB446—00:00:14
HB445—00:00:12
HB448—00:00:40
HB445—00:00:10
HB446—00:00:12
HB445—00:00:12
HB446—00:00:12
HB445—00:00:40
HB446—00:00:10
HB445—00:00:40
HB446—00:00:14
HB445—00:00:40
HB446—00:00:22
HB445—00:00:40
HB446—00:00:18
HB445—00:00:40
HB446—00:00:24
HB572—00:01:30
HB605—00:01:10
HB628—00:00:18
HB828—00:00:12
HB628—00:07:07
HB1128—00:01:24
HB1290—00:01:36
HB628—00:00:16
HJ210—00:00:24
Sen. Tommy Norment (R-Williamsburg)—00:02
Sen. Creigh Deeds (D-Bath)—00:04
Sen. Jill Holtzman Vogel (R-Winchester)—00:04
Sen. Ryan McDougle (R-Mechanicsville)—00:04
Sen. Scott Surovell (D-Mount Vernon)—00:04
Sen. Mark Obenshain (R-Harrisonburg)—00:46
Sen. Bryce Reeves (R-Spotsylvania)—01:30
Sen. Siobhan Dunnavant (R-Henrico)—00:04
Sen. Lynwood Lewis (D-Accomac)—00:04
Sen. Adam Ebbin (D-Alexandria)—00:04
Sen. Bill Stanley (R-Moneta)—00:02
Sen. John Cosgrove (R-Chesapeake)—00:04
Sen. Roz Dance (D-Petersburg)—01:18
Sen. George Barker (D-Alexandria)—00:04
Sen. Tommy Norment (R-Williamsburg)—00:02
Sen. Bill Carrico (R-Grayson)—02:30
Sen. Mamie Locke (D-Hampton)—00:06
Sen. Don McEachin (D-Richmond)—00:02
Sen. Dick Black (R-Leesburg)—00:02
Sen. Roz Dance (D-Petersburg)—00:02
Sen. Bill DeSteph (R-Virginia Beach)—00:02
Sen. Adam Ebbin (D-Alexandria)—00:04
Sen. John Miller (D-Newport News)—00:02
Sen. Ben Chafin (R-Lebanon)—00:02
Sen. Bill Stanley (R-Moneta)—00:02
Sen. Frank Wagner (R-Virginia Beach)—00:02
Sen. Ryan McDougle (R-Mechanicsville)—00:04
Sen. Jill Holtzman Vogel (R-Winchester)—00:04
Sen. Mamie Locke (D-Hampton)—00:00
Sen. Bill Carrico (R-Grayson)—00:04
Sen. Mamie Locke (D-Hampton)—00:02
Sen. Bill Carrico (R-Grayson)—00:04
Sen. Tommy Norment (R-Williamsburg)—00:04
Sen. Emmett Hanger (R-Mount Solon)—00:04
Sen. Bryce Reeves (R-Spotsylvania)—00:02
Sen. Mark Obenshain (R-Harrisonburg)—01:22
Sen. Jill Holtzman Vogel (R-Winchester)—00:02
Sen. Richard Stuart (R-Westmoreland)—00:06
Sen. Mark Obenshain (R-Harrisonburg)—00:02
Sen. Chap Petersen (D-Fairfax)—00:02
Sen. Mark Obenshain (R-Harrisonburg)—00:04
Sen. Chap Petersen (D-Fairfax)—00:04
Sen. Mark Obenshain (R-Harrisonburg)—00:04
Sen. Chap Petersen (D-Fairfax)—00:02
Sen. Mark Obenshain (R-Harrisonburg)—00:04
Sen. Adam Ebbin (D-Alexandria)—00:04
Sen. Mark Obenshain (R-Harrisonburg)—00:02
Sen. Scott Surovell (D-Mount Vernon)—00:02
Sen. Mark Obenshain (R-Harrisonburg)—00:02
Sen. Scott Surovell (D-Mount Vernon)—00:02
Sen. Chap Petersen (D-Fairfax)—00:04
Sen. Richard Stuart (R-Westmoreland)—00:04
Sen. Mark Obenshain (R-Harrisonburg)—06:30
Sen. Chap Petersen (D-Fairfax)—00:04
Sen. Adam Ebbin (D-Alexandria)—00:04
Sen. John Edwards (D-Roanoke)—00:06
Sen. Richard Stuart (R-Westmoreland)—00:04
Sen. Mark Obenshain (R-Harrisonburg)—01:24
Sen. Chap Petersen (D-Fairfax)—00:02
Sen. Tommy Norment (R-Williamsburg)—02:26
Sen. Mark Obenshain (R-Harrisonburg)—00:00
Sen. Tommy Norment (R-Williamsburg)—00:00
Sen. Chap Petersen (D-Fairfax)—00:06
Sen. Emmett Hanger (R-Mount Solon)—00:02
Sen. John Edwards (D-Roanoke)—00:06
Sen. Tommy Norment (R-Williamsburg)—00:04
Sen. Steve Newman (R-Forest)—01:16
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Minutes

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

Prayer offered by Hindu Community of Virginia, Alexandria, Virginia

ROLL CALL OF MEMBERS: quorum present

Motion of Senator Stanley dispensed with reading of Journal (34-Y
6-N)

COMMUNICATION FROM HOUSE (HN10223): reading waived (38?Y 2?N)

The House of Delegates has passed with amendment the following
Senate bill: SB 626

The House of Delegates has passed with substitutes the following
Senate bills: SB 4, 361, 389, 424, 479, 544, 549

The House of Delegates has rejected the substitute proposed by the
Senate to the following House bill: HB 1331

The House of Delegates has passed the following Senate bills: SB
78, 79, 103, 122, 124, 169, 198, 205, 212, 266, 280, 281, 309, 350, 414, 451,
527, 608, 615, 653, 674, 769

Senate bills with House amendment and substitutes placed on
Calendar

BILLS REPORTED

From Finance: HB 15, 63, 268, 369, 421, 526, 590, 643A, 1068A,
1147S, 1344S

From Local Government: HB 14, 24, 65, 106, 158, 183, 233, 412, 470,
587, 647, 649, 919, 945, 1182, 1214, 1300, 1371

From Privileges and Elections: SJ 157, 158; HB 9A, 832A, 1030,
1188, 1223, 1387

BILL REREFERRED

From Local Government: HB 1146 rereferred to General Laws and
Technology

On motion of Senator Norment, the Senate recessed at 12:27 p.m. to
reconvene at 2:30 p.m.

The Senate reconvened at 2:30 p.m.

CALENDAR 

UNFINISHED BUSINESS - SENATE

SB 38 - House substitute with amendment agreed to by Senate (39-Y
0-N)

SB 163 - House substitute agreed to by Senate (21-Y 19-N), Reconsideration
of House substitute agreed to by Senate (40-Y 0-N), House substitute rejected
by Senate (19-Y 21-N)

SB 229 - House amendment agreed to by Senate (39-Y 1-N)

SB 249 - House amendments agreed to by Senate (40-Y 0-N)

SB 264 - House amendment agreed to by Senate (40-Y 0-N)

SB 286 - House substitute agreed to by Senate (40-Y 0-N)

SB 299 - House amendment agreed to by Senate (39-Y 0-N)

SB 336 - House amendments rejected by Senate (1-Y 38-N)

SB 362 - House substitute agreed to by Senate (39-Y 0-N)

SB 621 - House amendments agreed to by Senate (40-Y 0-N)

SB 631 - House amendments agreed to by Senate (39-Y 0-N)

SB 646 - House substitute agreed to by Senate (31-Y 9-N)

 

Transcript

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

[Unknown]
Soo come here earlier in the he is shin and there was and ayes storm that kept you close to home. Thanks for persevering and coming back to visit. We enjoy visiting with you and listening about the university. So much to be proud of. A great educational opportunity. I would ask the members to join me in becoming the members from george Mason university the warm welcome of the Senate .
[Unknown]
The Senator from Spotsylvania, Senator Reeves .
Bryce Reeves
Also in the gallery today, we had a great week and we got to meet medal of honor winners and athletes. Lieutenant colonel john down from the air force and retired can't from the air force and retired colonel a proud graduate of texas a&m and they are here on behalf of the military officers association of america. Any attended the caucus meeting where we had healthy discussions about the state of the commonwealth and the base re alignment and closure act and other things to move Virginia forward to continue the effort to make Virginia the most veteran friendly state in the united states. I would ask that you would offer those three gentlemen the warm welcome of the Senate .
[Unknown]
Thank you, Senator. Would you please rise? Thank you all for being here with us today and just as the good Senator from Spotsylvania said we are working very diligently to make sure that Virginia is the most friendly veterans state in the country and a lot of great work is going on of importance and there are a lot of veterans amongst the senators. I would ask the members to join me in offering the warm welcome of the Senate. [applause]
Bryce Reeves
The junior Senator from Henrico, Senator Dunnavant. I rise for an introduction.
Siobhan Dunnavant
The Senator has the floor.
[Unknown]
She has an interest in politics, God help her and bless her and maybe an interest in law. She is not quite sure but she is spending the week down on the other side of this building with Delegate Cox and I thought we might bring her up to the Senate and give her a warm welcome. I hope you will welcome her.
Siobhan Dunnavant
Would Ms. Nicole novak please I think it is obvious you are rise. Seeing this is the upper chamber and after being here today you will probably not want to go back to the other end of the we welcome you here and hope you capitol. Have a wonderful experience here in Richmond. Thanks for joining us. I would ask the members to join me in offering Ms. Novak the warm welcome of the Senate. The Senator from Accomack, Senator Lewis .
Lynwood Lewis
I rise for an introduction.
[Unknown]
The Senator has the floor.
Lynwood Lewis
Visiting with us are student of the chick-fil-a leadership academy. Along with them is Ms. Karen lloyd and Mr. John priest. The students are kiara bill lineups, autumn hudson, ryan per singer, fred west and michelle vocca. Joseph woleski had to go home just ahead, he was a little ill. A national high school leadership program focused on impact through action and the high school chapter is sponsored by chick-fil-a in Gloucester. Join me in giving the leadership academy the warm welcome of the Senate .
[Unknown]
Thanks you, Senator. Would members from matthews high school please rise. Welcome. And the good Senator from raqqa Accomack is doing a good job representing matthews county. It is a great part of our commonwealth and you all have a lot to be proud of. And excellent schools in matthews county. Congratulations on your accomplishments and keep up the good work at matthews high school. I would ask that members of the is Senate to join me in offering members from matthews high school the warm welcome of the Senate. >> The Senator from Alexandria, Senator Ebbin .
Adam Ebbin
I rise for an introduction.
[Unknown]
The Senator has the floor.
Adam Ebbin
Today's beautiful hindu invokation was delivered by sakess and the president of the indian american forum for political education and I hoped members of the body were able to stop by the reelception earlier today. Astesh is an engineer and businessman as is vigal as well. The indian american forum works to increase awareness of engagement in the political system and satesh has been a member of the Virginia governor's trade del gait,s working to promote the commonwealth and bring exports overseas. They are joined by representatives of the hindu community in the gallery. I hope that you will extend the warm welcome of the Senate to the members of the hindu community of Alexandria .
[Unknown]
Would satesh and vijav and ad your guests please rise. Welcome. I know you have been here several times and it is wonderful to hear the interpretation and translation and we appreciate the message. A wonderful message. We appreciate you being here and wish you safe travels. I hope you come back and visit us often. Join me in offering the warm welcome of the Senate. [applause]
[Unknown]
The Senator from Franklin County, Senator Stanley. Thank you, Mr. President. I rise for an introduction.
Bill Stanley
The Senator has the floor.
[Unknown]
Thank you very much. Mr. President, members of the Senate and those in the gallery today we have the honor of having a great group of people from the Virginia academy of nutrition and die tetics. They represent 2,000 registered dietitians nutritionists who work to improve the health of virginians through food and nutrition expertise. In were mooing I was honored and privileged to speak to them and give them a speech and it was a challenge, Mr. President, because I had to suck my gut in the whole time while I spoke. It as little hard to do but I managed to do it. Mr. President, they are an integrate part of the -- integral part of the future of Virginia healthcare. And if you would not only just give them the warm welcome of the Senate but let them know I had a nice healthy salad for lunch today.
Bill Stanley
Would members from the Virginia academy of nutrition and dietetics please rise. Thanks for all of the work that you all do and there a lot of work going on in the commonwealth and early childhood development and one of the things we are trying to do is get our children off to a good start and teach them about inside nutrition. Thanks for the work that you do and are helping with that. I would ask the members of the Senate to join me in offering members the warm welcome of the Senate. [applause]
[Unknown]
The Senator from Chesapeake, Senator Cosgrove .
John Cosgrove
Good afternoon, Mr. President.
[Unknown]
I rise for an introduction.
John Cosgrove
Good afternoon, sir.
[Unknown]
The Senator has the floor.
[Unknown]
Thank you, Mr. President. It is a great pleasure for me to introduce a group called aspire. They call under the umbrella of children today and leaders tomorrow. A youth leadership program developed by sheriff jim o'Sullivan of the city of Chesapeake. The mission is to develop a leadership set of skills for young ladies who are residents and reenfor is ethic self-esteem, public service providing access to female role models and scholarship opportunities. Commitment to the program through community involvement and volunteer hours is essential. We have several young ladies here from aspire today in the gallery and I would ask you to give them a warm welcome of the Senate. They represent each high school in the city of Chesapeake and the group is led by jenny o'Sullivan, sheriff o'Sullivan 's wife. Thank you, Mr. President.
[Unknown]
Would members from aspire please rise. Welcome. And thank you for being here. And Ms. O'Sullivan I am not sure which one you are. If you could raise your hand. Hi back there. Tell your husband thank you for his service and what he does as sheriff. They are so fortunate to have him in the city of Chesapeake and thank you to being here to advocate for aspire. I ask the members of the Senate to join knee in offering Ms. O'Sullivan and members of aspire the warm welcome of the Senate. [applause]
[Unknown]
The Senator from Petersburg, Senator Dance .
Roz Dance
Thank you, Mr. President. I rise for two introductions.
[Unknown]
The Senator has the floor.
Roz Dance
Today is Virginia dominion day for the employees rank and file and one of the members of this group just happens to be one of our in the name of former secretaries of administration and seated in the gallery is the honorable lisa hicks thomas.
[Unknown]
Would the honorable lisa hicks thomas please rise. Welcome and thanks for being here and thanks for the work that dominion does across the commonwealth in helping keep the energy prices low and helps with economic development and attraction and businesses and manufacturers to come to the commonwealth. We appreciate your efforts and service to the commonwealth. I would ask the members of the Senate to join me in offering the honorable lisa hicks thomas the warm welcome of the Senate. [applause]
[Unknown]
The Senator from Petersburg, Senator Dance. Thank you, Mr. President. Today in the gallery we a group of members from the metropolitan baptist church in Petersburg. Earlier in morning they had a chance to visit with Delegate Aird and I who represent the area. Metropolitan is one of the largest and most historic churches in the Petersburg region. They commend the metropolitan baptist church on the 100s this church anniversary. Pastor ho bbs visited with us last year and offered the morning prayer. He a joined with several members of his church and I would ask if you would give them the warm welcome of the Senate .
Roz Dance
Would pastor lamont hobbs and members of the church mees rice. Thank you for being with us and what a wonderful city you all have and I know the good Senator from Petersburg a taking good care of you. I appreciate you being here to offer the prayer recently. Thanks for visiting and I would ask the members to join me in offering pastor lamont hobbs and members from the metropolitan baptist church the warm welcome of the Senate. [applause]
[Unknown]
The Senator from southern Fairfax County, Senator Barker .
George Barker
I rise for an introduction.
[Unknown]
The Senator has the floor.
George Barker
We are joined in the gallery by a group of women from Prince William County good friend of up of one of my legislative aids. They are a very lively group and par tase pit with true did I and others in a political action political discussion group that meets regularly at wegmans. So, we hope you would give them the warm welcome of the Senate .
[Unknown]
Thank you, Senator. Would the women of Prince William County please rice. What great group you all have and thanks for make the trip down and visiting and keeping an eye on the good Senator from southern Fairfax County. We hope you in joy our stay here and safe travels back to northern Virginia. I would ask the members of the Senate to join me in offering the warm welcome of the Senate. [applause]
[Unknown]
And I know there May be some other other guests and visits. We welcome you here today. Is there any other business for the morning hour? The Senator from James city cou.
[Unknown]
I would now respectfully ask that the Senate stand in recess until 1:30 and all members of the Senate are invited to the old Senate chambers where the Senate finance staff is anxious to share with you and give you an overview of the Senate budget.
[Unknown]
Thank you, Senator. The Senate will stand in recess until 1:30.
[Unknown]
The Senate will come to order. The clerk will please call the calendar.
[Unknown]
Senate calendar for Wednesday, February 24, 2016. Unfinished business, Senate. Senate bill 38 has passed the House with a substitute with
[Unknown]
The Senator from Grayson. Amendments.
[Unknown]
I move that we concur with the House substitute.
[Unknown]
Speaking to it.
[Unknown]
Speaking to the substitute. The substitute basically -- well, the amendment to the substitute actually takes an of and inserts and or. A bill dealing with the ability for someone who has is canine that is killed in the line of duty for a family member to be able to purchase the canine for a dollar. And I would move the substitute and amendment.
Bill Howell
Thank you, Senator. The question is shall the Senate concur with the House substitute with the amendment. All in favor say aye. Those opposed, no., are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 3 the, nos 0.
[Unknown]
Ayes 39, nos 0. The Senate concurs with the House substitute with amendment.
[Unknown]
Senate bill 163 passed the House with a substitute.
[Unknown]
Senator Locke .
[Unknown]
I move that the Senate concur concurs with the substitute. It is a companion to Senate bill 29. 289. It comes from the citizens looking for local government assistance to have the option to enact an ordinance to prevent the operation of motor vehicles, jet skis, a motorized john boats on flooded streets which is an all together too often occurring the House substitute a situation. Preferrable and I ask that we accept it because it puts the bill back to where there is a signage requirement warning would be violators of the problem and the penalty. And it also exempts public safety vehicles, public utility vehicles and vdot and vdot contractors. We are told that the reckless driving statute is the state code that could be used in the instances but the reckless driving does not apply to jet skis which do not come under the I ask that we accept the statute. Substitute from the House. Thank you, Mr. President.
[Unknown]
Thank you, Senator. The Senator from Grayson, Senator Carrico .
Bill Carrico
Speaking to the bill.
[Unknown]
The Senator has the floor.
Bill Carrico
Mr. President, the bill basically takes the willful and wanton language out of or the substitute does. The reckless driving statute as stated before is a statute that can be used if there is intentional damage to any of the homes. There is a reckless statute for boating, for boats. And I would ask that we reject the substitute and go back to what the body passed in the Senate to the willful wanton act of -- act in this situation.
[Unknown]
Senator, the Senator from Hampton, Senator Locke .
Mamie Locke
Mr. President, as I just stated the jet skis do not come under the reckless driving statute and jet skis are a part of the problem. And the House substitute does cover jet skis so I ask that we pass the House substitute to the Senate bill. Thank you.
Bill Howell
Thank you, Senator. The question is shall the Senate concur with the House substitute? All in favor say aye. Those opposed, no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
Mamie Locke
Ayes 21, nos 19.
[Unknown]
Ayes 21, nos 19. The Senate concurs with the House substitute.
[Unknown]
Senate bill 22 -9d passed the House with amendment.
[Unknown]
Senator McEachin .
[Unknown]
I would move that we concur with the House amendment. I would bring back to the recollection of the body this is Senate bill 229 which involves the procurement of state flags flagsflags of the united states. Qualified the mandate saying if the flags are available that addition appears on line 29. I would ask that we on considere with the House amendment.
Bill Howell
Thank you, Senator. All in favor of the mo tion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch their vote? Ange the clerk will close the roll.
[Unknown]
Ayes 39, nos 1.
[Unknown]
Ayes 39. Nos 1. The Senate concurs with the House amendment.
[Unknown]
Senate bill 249 passed the House with amendments.
[Unknown]
The senior Senator from Loudoun, Senator Black .
Dick Black
Thank you, Mr. President. I move that we concur can the House amendment and speaking to the bill.
[Unknown]
The Senator has the floor.
Dick Black
This is a bill that deals with the suspected financial exploitation of adults deals des with adult protective was services and for amounts greater than $50,000 they will report it. As we report it said to the state police and local law enforcement agency, the House altered that and took out the state police and left it with local law enforcement. I think that is the more appropriate way to do it and I recommend that we concur with the House amendments.
Bill Howell
Thank you, Senator. The question is shall the Senate concur with the House amendments. All in favor of the motion will. Have all the senators voted? Are the senators ready to vote? 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 Senate concurs with the House amendment.
[Unknown]
Senate bill 264 passed the House with amendment.
[Unknown]
The Senator from Petersburg, Senator Dance .
Roz Dance
Thank you, Mr. President. I move that the Senate concur with the House amendment and speaking briefly to the amendment.
[Unknown]
The Senator has the floor.
Roz Dance
The House amendment is technical in nature and just adds the words "or revoke the" on line 51 after suspended. The bill is now conformed to Delegate Robinson 's House bill 581 that passed the House 100-0. I would ask that the Senate accept the House amendment.
Bill Howell
Thank you, Senator. The question is shall the Senate concur with the House amendment? 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 Senate concurs with the House amendment.
[Unknown]
Senate bill 286 pass the the House with substitute.
[Unknown]
The junior Senator from Virginia beach, Senator DeSteph .
Bill DeSteph
Mr. President I suggest and recommend that we approve the House changes. It fixed some grammatical errors and two, it took out signaling which was already covered in the above line that was 81 of the original language.
Bill Howell
Thank you, Senator. The question is shall the Senate concur with the House substitute. 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.
Bill DeSteph
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The Senate concurs with the House substitute.
[Unknown]
Senate bill 299 passed the House with amendment.
[Unknown]
The Senator from Alexandria, Senator Ebbin .
Adam Ebbin
Thank you, Mr. President. I move that we accept the House amendment. This bill came through the Senate unanimously dealing with allowing flashing lights on publicly owned buses as a safety measure. The bill as it left the Senate was limited to northern Virginia. This bill takes it statewide. There are needs for this or buses operating this way on Hampton roads and we want to make them legal and allow for future areas to have safety on the publicly owned buses.
Bill Howell
Thank you, Senator. The question is shall the Senate concur with the House amendment. All in favor of the motion will. Have all the senators voted? Are the senators ready to vote? Do any senators desire to ch ange their vote? The clerk will close the roll.
Adam Ebbin
Ayes 39, nos 0.
[Unknown]
Ayes 39, nos 0. The Senate concurs with the House amendment.
[Unknown]
Senate bill 336 passed the House with amendment.
[Unknown]
Snort from Newport News, Senator Miller .
[Unknown]
Thank you, Mr. President. I would like to take the amendments up in a block and I move to reject all four amendments.
[Unknown]
Thank you, Senator. Would you like to speak to that?
[Unknown]
Thank you, Mr. President,.
[Unknown]
Members of the House -- or members of the Senate the high school redesigned bill pass the out of the Senate bay vote of 40-0. The first two are worth smithing amendments and the third requires a release of a report to the education committee and the fourth is a reason enactment clause. I renew my motion to reject the amendments.
Bill Howell
The amendments will be taken up in block with the recommendation that the House amendments be rejected. The question is shall they be agreed to. Excuse me. All in favor of themotion will s aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 1, nos 38.
[Unknown]
Ayes 1, nos 38. The amendments are rejected.
[Unknown]
Senate bill 362 has passed the House with the substitute.
[Unknown]
I would ask that we concur with the sub. Speak to the substitute.
[Unknown]
The bill dealt with the small
[Unknown]
The Senator has the floor. Purchase procedures relating to transportation related contracts. The substitute makes it abundantly clear that the small purchase procedures on highway construction matters May only be used where the aggregate spending is expected to not exceed $25,000.
Bill Howell
Thank you, Senator. The question is shall the Senate concur with the House substitute. All in favor of the motion will. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch their vote? The clerk will close the roll. Ange
[Unknown]
Ayes 39, nos 0.
[Unknown]
Ayes 39, nos 0. The Senate concurs with the House substitute.
[Unknown]
Senate bill 621 passed the House with amendments.
[Unknown]
The Senator from Franklin County, Senator Stanley .
Bill Stanley
Thank you, Mr. President. I move that we concur with the House amendments and speaking to that motion, sir.
[Unknown]
The Senator has the floor.
Bill Stanley
What they did, this is a structured settlement bill which creates protection for those persons that enter into structured settlement where they can market and sell portions for less than the value of the structured settlement. The two amendments were minor and as you can see on Page 5 one was doing the incredible change of inserting a comma. The second was eliminating a redundancy where we stated the word the circuit court in the aim area more than once. What we have is just grammatical cleaning up of the existing code. I would renew my motion to concur with the House
Bill Howell
Senator, the question is amendments. Shall the Senate concur with the House amendments. 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 Senate concurs with the House amendments.
[Unknown]
Senate bill 631 passed the House with amendments.
[Unknown]
The senior Senator from Virginia beach, Senator Wagner .
Frank Wagner
Mr. President, I move that we concur with the House amendments and speaking to that.
[Unknown]
The Senator has the floor.
Frank Wagner
Senate bill 631 deals with the issue of fee schedules for work men's comp claims so there is a degree of certainty in terms of how much injuries are to be compensated for. A panel sets up the fee schedule and develops the regulation and the House amendment removes the one individual that would be an employer represented by a third-party insured which really doesn't need to be part of that discussion. With that explanation I renew my motion.
Bill Howell
Thank you, Senator. The question is shall the Senate concur with the House amendments. All in favor of the motion will. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 39, nos 0.
[Unknown]
Ayes 39, nos 0. The Senate concurs with the House amendment.
[Unknown]
Senate bill 646 has passed the House with a substitute.
[Unknown]
The Senator from Hanover, Senator McDougle .
Ryan McDougle
I move the Senate concur with the House substitute speaking.
[Unknown]
The Senator has the floor.
Ryan McDougle
It is a substitute because it a includes a lot of additional language but that language is focused on stockholders, background checks and we put in the regulatory process and we mirrored language found in other regulatory processes in the code to make is consistent. With that, Mr. President, I would renew my motion that the amendments be agreed to.
Bill Howell
Thank you, Senator. The request he is shall the Senate concur with the House substitute. 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 31, nos 9.
[Unknown]
Ayes 31, nos 9. The Senate concurs with the House substitute.
[Unknown]
Mr. President.
[Unknown]
The Senator from Fauquier .
[Unknown]
Having voted on the prevailing side by which we concurred with the House substitute on Senate bill 163 I would like to ask that we reconsider that vote.
Bill Howell
Thank you, Senator. On Senate bill 163, the question is shall the vote by which the Senate concurred with the House substitute 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 40, nos 0.
[Unknown]
Ayes 40, nos 0. The motion agreed to. The Senator from Hampton .
[Unknown]
Mr. President, having explained the bill I would ask that we concur with the House substitute.
[Unknown]
Thank you, Senator. The question is shall the Senate concur with the -- excuse me, the Senator from Grayson .
[Unknown]
Mr. President, as explained earlier, this section when it left the Senate we had a willful and wanton act. If we go -- if we concur with the House side we are going to allow this to be charged when there is no proof there is any willful or wanton act to to anything. If we use the jet ski as an example, if there is a situation where a neighbor is flooded and they are bringing the neighbor out if it is not to rescue, if it is not, those are exempt from it. And damage is done, they can be charged. We do currently have a section in the code if it is people running up and down the road causing this act, they can be charged with reckless driving now. If it is a jet ski and it is operating in a reckless manner on waters it can be charged with reckless. I hope we reject the amendment.
[Unknown]
Thank you, Senator. The Senator from Hampton, Senator Locke .
Mamie Locke
Mr. President, as I clearly stated, before, jet skis do not come under the reckless driving statute which is why in the House of delegates the amendment was put on that they put in this particular piece of legislation. And took out willful and wanton. I would ask that we concur with the amendment put on the legislation.
[Unknown]
Would the gentle lady yield for a yes?
Mamie Locke
No, I will not.
[Unknown]
Just further statement.
[Unknown]
The Senator has the floor.
[Unknown]
The jet key is considered a watercraft which is what is defined under the reckless.
Bill Howell
The question is shall the Senate concur with the House substitute. All in favor of the motion will. Are the senators ready to vote? Have all the senators voted? Ange do any senators desire to ch their vote? The clerk will close the roll.
[Unknown]
Ayes 19, nos 21.
[Unknown]
Ayes 19, nos 21. The substitute is reject the.
[Unknown]
Uncontested cal len tar. House bills on third reading.
[Unknown]
The Senator from James city, Senator Norment .
Tommy Norment
Thank you, Mr. President. I would now move that all of the House bills on the third reading including all House bills only pages 6 through 12 including House bill 742 through House bill 1319 be placed on the final pass and through the block adoption of any amendments. Any Senator who desires to remove a bill from the block please do so after the clerk has read the number of the bill.
[Unknown]
The question is shall House bills on the uncontested calendar third reading pages 6-12. House bill 742 through.
Tommy Norment
Bill: 1319 be paced on the final pass and in the block after the adoption of any amendments thereto. All in favor say aye. Those opposed, no. The ayes have it. The motion is agreed to. The bills are before us in the block. The clerk will please read the number of the bills.
[Unknown]
House bill 742 reported from the committee on finance with a substitute.
[Unknown]
The Senator from Augusta, Senator Hanger .
Emmett Hanger
The members May recall we passed this bill bye for two or three days. We were hoping to find a better way to accomplish the intended purpose of the patron with this particular bill. But we have concluded that the committee substitute a probably as good as we are going to get. I move that we adopt the committee substitute.
[Unknown]
The request he is shall the committee substitute be agreed to. All in favor say aye. Those opposed, no. The ayes have it. The substitute is agreed to.
Emmett Hanger
House bill 676 reported from the committee on rehabilitation and social services with amendments.
[Unknown]
The no are from Spotsylvania, Senator Reeves .
[Unknown]
Thank you, Mr. President. I would move that the committee amendments be agreed to and speaking briefly to those.
[Unknown]
You don't need to.
[Unknown]
I just move the amendments.
[Unknown]
The question is shall the committee amendments be agreed to. All in favor say aye. Those opposed, no. The ayes have it. The amendments are agreed to.
[Unknown]
House bill 170 reported for the committee for courts the of justice. House bill 172, reported from the committee for courts of justice. House bill 176. Reported from committee for courts of justice. House bill 510. Reported from committee for courts of justice.
[Unknown]
The the committee amendment is agreed to. Ever House bill 510. Reported from the committee for courts of justice. House about bill 537, reported from the committee for courts of justice. House bill 541. Reported from committee for courts of justice. House bill 681. Courts of justice with reported from committee for substitute.
[Unknown]
I mo be that the substitute be agreed to. All in favor say aye. Those opposed, no. The ayes have it. The substitute is agreed to.
[Unknown]
House bill 462. Report the with a substitute.
[Unknown]
The Senator from Rockingham .
[Unknown]
I move that the committee substitute be agreed to. All in favor say aye. Those opposed, no. The ayes have it. The substitute agreed to.
[Unknown]
House bill 784 reported from the committee from courts of justice with amendments.
[Unknown]
The Senator from Rockingham .
[Unknown]
Mr. President, I move that the committee amendments be agreed to.
[Unknown]
The question is shall the committee amendments be agreed those opposed, no. To all in favor say aye. The ayes have it. The amendments are agreed to.
[Unknown]
House bill 749. Report the with amendments.
[Unknown]
The Senator from Rockingham .
[Unknown]
Mr. President, I move that the committee amendments be agreed to.
[Unknown]
The question is Hall the committee amendments be agreed to. Those opposed, no. All in favor say aye. The ayes have it. The amendments are agreed to.
[Unknown]
House bill 1126 reported from the committee for courts the of justice. House bill 1257, reported from the committee for courts of justice. House bill 1294, report the from the committee for courts of justice with amendment.
[Unknown]
The Senator from Rockingham .
[Unknown]
Mr. President, I move that the committee amendment be agreed to.
[Unknown]
The question is shall the committee amendment be agreed to. All in favor say aye. Those opposed, no. The ayes have it. The amendment is agreed to.
[Unknown]
House bill 1310 reported from the committee for courts of justice. House bill 139 reported from the committee for court -- 1319 reported from the committee for courts the of justice.
Bill Howell
The question is shall the House bills pass in block. All in favor of the motion wille opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 140, nos 0.
[Unknown]
Ayes 40, nos 0. The bills in the block pass.
[Unknown]
Regular calendar, House bill.
[Unknown]
Mr. President,.
[Unknown]
The Senator from Fauquier, Senator Vogel .
Jill Holtzman Vogel
Thank you, I apologize. Having voted on the prevailing side by which we failed to adopt the House substitute and Senate bill 163 I would ask that this be reconsidered.
Bill Howell
This has been reconsidered consideredonce so this is a unas vote. The request he is shall Senate bill 163 be reconsidered. All in favor of the motion wills ed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange the clerk will close the roll. Their vote?
Jill Holtzman Vogel
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The motion is agreed to. The Senator from Hampton. Senator Locke .
Mamie Locke
Mr. President, I was going to ask if that could go bye for the day.
[Unknown]
With that object, Senate bill 163 will go bye for the day.
Mamie Locke
Regular calendar, House bills on third reading. House bill 1270. A bill to amend the code of relating to establishment of a companion animal care advisory committee. Reported from committee on agriculture, conservation and natural resources.
[Unknown]
Senator stewart.
[Unknown]
As a result of the bill having difficulty after it got to the floor and after consultation with the patron I would ask that we recommit the bill to the committee on agriculture and natural resources.
[Unknown]
Thank you, Senator. The question is shall House bill 1270 be recommitted to the committee on agriculture. All in favor say aye. Those opposed, no. The ayes have it, the bill is resubmitted. House bill 70. A bbill relating to issuance of warrants for law-enforcement officers by a magistrate. Reported from committee for courts of justice with substitute.
[Unknown]
The Senator from rocking ham.
[Unknown]
Move the committee substitute be agreed to.
[Unknown]
The question is shall the substitute be agreed to.
[Unknown]
All in favor say aye.
[Unknown]
The ayes have it. Those opposed, no.
[Unknown]
The Senator from Rockingham .
[Unknown]
This bill requires an instance in which somebody asks a imagine straight for a warrana warrant. Confer with the local law enforcement before the warrant is issued for that law enforcement officer. It contains a conflict of interest bailout in the event that the commonwealth attorney has a conflict of interest. I would move the bill pass.
[Unknown]
Thank you, Senator. The Senator from Fairfax city, Senator Petersen .
Chap Petersen
Would the gentleman yield for a question? Yield for a question?
[Unknown]
I yield.
Chap Petersen
He yields.
[Unknown]
It looks like we are carving out an exception for law enforcement officers which would ore Wise be the process for arrest. Agree with me?
[Unknown]
The Senator from iraq rocking Hall .
[Unknown]
Would the gentleman repeat his question.
[Unknown]
The Senator from Fairfax city.
[Unknown]
I would ask the gentleman are we not carving out an exception for law enforcement officers under what is the stan tard process of issuing a warrant for the imagine straight under the 19.271 statute.
[Unknown]
Mr. The Senator from Rockingham .
[Unknown]
We are conforming the process for issuing warrants with respect to law enforcement officers to process that already exists for felony warrants and this is confirming it with respect to misdemeanors.
[Unknown]
Further question, Mr. President,.
[Unknown]
Would the gentleman yield for an additional question.
[Unknown]
I yield.
[Unknown]
Would he not agree every time we do this we tend to have what I call a christmas tree effect or what everyone calls a christmas tree effect that everybody in the law enforcement community or the harbor master of homewell or commonwealth tears or everyone else will want to be in here in the statute asking for an exception to this requirement for issuing a misdemeanor warrant arrest?
[Unknown]
The Senator from Rockingham .
[Unknown]
I am not sure that in this context that is going to be the case in. This has a legitimate public safety reason for adoption of it. Many instances and examples around the state in which a police officer has ticked somebody off in the performance of his duty and the aggrieved person walked around to the magistrate and swears out a warrant against the police officer. This is a legitimate reason for establishing a formalized process that needs to exist before a police officer is be is corrected to the issuance of a misdemeanor warrant. It is a process that in informally followed in many jurisdictions around the state. This formalizes it and simply requires a conference.
[Unknown]
Further question, Mr. President.
[Unknown]
Would the gentleman yield for an additional question?
[Unknown]
I yield.
[Unknown]
He yields, Senator .
[Unknown]
Would the gentleman agreet that a magistrate has the discretion to adopt the process that he feels is correct before he issues a misdemeanor warrant?
[Unknown]
The Senator from Rockingham .
[Unknown]
Mr. President, in response I would say that there are unfortunately some magistrates around Virginia who lack the good judgment that the Senator from Fairfax city seems to
[Unknown]
The Senator from Fairfax exhibit. City.
[Unknown]
I'm glad I have good judgment. I thank the gentleman.
[Unknown]
The question is should House bill bass?
[Unknown]
Bill pass?
[Unknown]
Would the Senator from Rockingham renew.
[Unknown]
Lacy springs to be more specific. Yes, I yield.
[Unknown]
He yields.
[Unknown]
Thank you, Mr. President. Does this -- does this bill deal with just taking a warrant out fence an officer for something he did in the performance of his duties or would this affect the situation if that individual's wife or intimate partner were to file an assault complaint against them?
[Unknown]
The Senator from Rockingham .
[Unknown]
Mr. President, I would direct the gentleman's attention to line 18 of the substitute in which it says and the offense arises out of the performance of his public duties.
[Unknown]
The Senator from Alexandria, Senator Ebbin .
Adam Ebbin
Would the gentleman from rocking ham yield for one more question?
[Unknown]
Would the Senator yield for a question?
Adam Ebbin
I haven't even sat down. More than happy.
[Unknown]
He yields.
[Unknown]
I would like to clarify. I believe the gentleman said this only applies to misdemeanor offenses and I wanted to make sure I am reading -- never mind, I think I read it right on line 36. He could perhaps enlighten me the felony offense it says a felony offense or misdemeanor offense where the accused is a law enforcement officer. Does that not apply to felony offenses also?
[Unknown]
Senator from Rockingham .
[Unknown]
What I would say to the gentleman is that we already require this meet and confer if you will allow me to borrow that labor term, this requirement that a magistrate confer with the issuance of felony warrants and this extends to misdemeanor and the language updates that section to add the misdemeanor language that n. There. That section deals principally with the issuance of felony warrants and simply conforming it and making it clear that this practice applies to both the issuance of felly and misdemeanor warrants.
[Unknown]
I thank the gentleman.
[Unknown]
Thank you, Senator. The Senator from eastern Fairfax County, Senator Surovell .
Scott Surovell
Would the gentleman yield for a question?
[Unknown]
Would the Senator from Rockingham greed for an addition additional question?
Scott Surovell
I yield.
[Unknown]
He yields.
[Unknown]
Thank you. We had issues in my part of the state where the people review the office with being a little tight with the police department and the -- my question is if -- two questions. The first question is given that the relationship often exists between the commonwealth attorney and the police department did the committee have any concerns that the commonwealth attorney for that police department might not be the right person to be making a charging decision for the police department they have to deal with in all their cases on a daily basis and maintain the ability to work with them on a regular basis?
[Unknown]
The Senator from Rockingham .
[Unknown]
Mr. President, what I would say to the gentleman is I can't speak for the committee but I can speak for myself. We try to address this and the patron tried to address that concern by including the conflict of interest requirements and in the event that the commonwealth attorney has either an inability to form an independent judgment or too close a personal relationship with a particular officer at issue, the procedure under 19.2-155 is available for a substitute for an attorney from a different jurisdiction to step in and make the determination. Moreover, it also provides the kickout that allows the conferrence with the law enforcement agency as well. And this attempts to make sure that the conflicts are adequately addressed.
[Unknown]
The Senator from eastern Fairfax .
[Unknown]
Would the gentleman yield for a final question.
[Unknown]
Would the Senator yield for a final question?
[Unknown]
Sure.
[Unknown]
One final two part question. Could the gentleman eye didn'tify which returns this problem exists in. If it happens to be some where close who my jurisdiction I would like to know, number one. Number two, I know we switched control of the magistrate office over from the local courts to the supreme court about I think it was four or five years ago and seems if we have problem magistrates perhaps why didn't -- was there any discussion about why the issue wasn't to deal with the problem magistrates instead of changing the law for the entire state?
[Unknown]
The Senator from Rockingham .
[Unknown]
I am reluctant to share anecdotes just because it would be third or fourth hand on my part and I am not sure that I can accurately recited the jurisdictions. This is not necessarily an issue of problem magistrates as much as two minds are better than one and talking about issuing warrants for misdemeanors against law enforcement officers it seems like good practice to make sure that the magistrates talk to somebody about of that is issued. You will either like this or you won't like it.
[Unknown]
The Senator from Fairfax city, Senator Petersen .
Chap Petersen
Thank you, Mr. President. Rise to speak in opposition to the bill.
[Unknown]
The Senator has the floor.
Chap Petersen
I be as brief as I can be. One of the biggest concerns I have is that we pass legislation to give citizens the impression that they there are different classes of citizenship and some people have exemptions or exceptions from what are otherwise uniformly applicable laws and you would have a hard time finding somebody who has more appreciation for the local police than I do e ex-ly in my hometown or wherever are run in to them. This is a solution in search of a problem. They just aren't issuing arrest warrants for officers of the Peace. We give people the false impression that police somehow have frankly more protection from this type of situation than the ordinary citizen and that should not be the case. I think by rejecting this law we are sending an important signal the law applies uniformly to everybody whether or not they wear a blue uniform. I hope we vote it down. Thank you, Senator. The Senator from Stafford, Senator Stuart .
Richard Stuart
Mr. President, speaking to the bill.
[Unknown]
The Senator has the floor.
Richard Stuart
Just briefly. I'm not sure that we are trying to give anybody any extra protection. The problem is the magistrates issued the warrants based upon nothing more than a verbal complaint. When an officer makes an arrest in the performance of his duty and if somebody is up set with the way he has done that that individual need only go to the magistrate him or herself and say that the officer did something and have a warrant issued against the officer which becomes very very, problemmattic. It says call the commonwealth attorney or the law enforcement agency and seeks to have an investigation done regarding the complaint before it is issued. It is a minor measure to avoid these officers from having a field these warrants after they have been issued. And I hope we will support it.
Bill Howell
Thank you, Senator. The question is shall House bill 70 pass. All in favor of the motion willt opposed no. Es aye, those are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 24 nos 16.
[Unknown]
Ayes 24, nos 16 the bill pass.
[Unknown]
House bill 428. A bill relating to the support payments by county or city. Reported from thethe courts the of justice.
[Unknown]
The Senator from Rockingham, Senator Obenshain .
Mark Obenshain
I move that the bill pass. This updates a rather old and infrequently used provision that allows certain localities to adopt a program that would pay inmates for certain labor and allow the locality to make a payment to the department of social services for spousal support. It is a voluntary program that no locality has to participate in and it increases the minimum daily payment from $5 for a day's work to $20 for a day's work. And the maximum payment from $25 for a day's work to $40 for a day's work. If you like a minimum wage increase this is a step in the right direction.
[Unknown]
The request he is shall House bill 428 pass. All in favor of the motion willa ye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll. Ayes -- ayes 35, nos 5. >> Ayes 35, nos 5. The bill passes. House bill 446. A bill relating to civil judgment procedure; damages; witnesses; failure of defendants to appear. Reported from committee for courts of justice. And there is a floor sub.
Mark Obenshain
The Senator from Rockingham .
[Unknown]
I move to waive the reading of the floor substitute.
[Unknown]
The question is shall the reading of the floor substitute be waived. Those opposed, no. All in favor say aye. The ayes have it. The reading of the floor substitute is waived. The Senator from Rockingham .
[Unknown]
Mr. President, I move that the floor substitute be agreed to and speaking to that. Mr. President and ladies and gentlemen this is an earth moving bill concerning unlawful detainer. Simply it does a couple of things. One is it increases the period of time for which the landlord can recover unpaid rents. Second, it changes the statutes with respect to who can appear in court and allows a rental agent to appear in court and not be excluded in the courtroom and it removes a requirement that an affidavit be served earlier notifying the tenant of the damages. It requires that -- and this removes the affidavit requirement that would have reduced the notice to the tenant that is required under the law. And simplifies this. The other two elements would still be in here. This was question whether it would be appropriate to deprive the tenant the notice. Question is shall the floor substitute about he be agreed to. All in favor say aye. Those opposed, no. The ayes have it.
[Unknown]
Have is already described the bill, I would move that the bill pass.
Bill Howell
The question is shall House bill 446 pass. All in favor of the motion wille s aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The bill passes. House bill 572. A bill relating to fines and costs; interest; statutes of limitation on collection; minimum payments. Reported from committee for courts of justice with amendment.
[Unknown]
The Senator from Rockingham .
[Unknown]
Mr. President, I move that the committee amendment be
[Unknown]
The request he is shall the agreed to. Committee amendment be agreed to. All in favor say aye. The ayes have it. Those opposed, no. Agreed to. The committee amendment is the Senator from Rockingham .
[Unknown]
Mr. President, I move that the bill pass and speaking to the bill. We have got a lot of people who served time in jail and prison and during the course of their time that they are in jail they are accruing interest on fines and costs impots the. The interest is a complicating matter that makes it more difficult for them to re-enter the society in place of work and reintegrate and what this dose is it provides a measure of relief for the interest on those fines and costs that have been incurred during the period of incarceration.
Bill Howell
Thank you, Senator. The question is shall House bill 572 pass. All in favor of the motion wille s aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 39, nos 1.
[Unknown]
Ayes 39, nos 1, the bill passes. A bill relating to restitution; House bill 605. Revocation or suspension of probation. Reported from committee for courts of justice.
[Unknown]
This is Rockingham day. Senator Obenshain .
[Unknown]
Lacy spring day. Mr. President, I move that the bill pass and speaking to the bill. This is a bill that provides that if somebody is recorded to pay restitution as part of their sentence and fails to do so the court is permitted to revoke probation or a suspended sentence as a result of the order to pay the court ordered restitution that went allock with their conviction.
[Unknown]
Thank you, Senator. The question is shall House bill 605 pass. All in favor of the motion wille s aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 38, nos 2.
[Unknown]
Ayes 38, nos 2. The bill passes.
[Unknown]
House bill 628. A bill relating to sex offender and crimes against minors registry act; public dissemination. Reported from committee for courts of justice.
[Unknown]
The Senator from Rockingham .
[Unknown]
Mr. President, I move that the bill pass and speaking to this bill. This is a sex offender registry bill. And what this dose is it adds a couple of categories of information that has to be published. It adds current work address and also adds the name of any institution of higher education at which the person is registered and has to be made available on the registry. Let me give you an example. We have programs pursuant to which 9th and 10th graders are participating in dual enrollment classes at community colleges around Virginia. And if there are convicted sex offenders on the registry or should be on the registry the parents of these kids ought to know that you know who it is that is registered at the community colleges. Just registering information. Given the great programs we are making avail and and this a an update that achieves the purpose of the registry in more effective manner.
[Unknown]
The Senator from Fairfax, Senator Petersen .
Chap Petersen
I rise in opposition.
[Unknown]
The Senator has the floor.
Chap Petersen
We added crimes to the sex offender list. And increased what is effectively the punishment for being on the list and at some point you got to stay stop the madness. I mean first of all, let's look at the reality. It is easy to stereo type registered sex offenders being the various lowest scum on earth but the fact is a lot of these convictions deal from incidents that took place years ago. It May have been a consentual relationship between two teenagers where you had a sufficient separation of the ages. May have been someone that was convicted of a sexual assault based on a he said, she said complaint. I don't minimize the offenses and convictions have. We have people in the society who if any have not been convicted they have accused of these acts. Before we get too holier than thou we might want to ponder the people that we hold in the highest regard that if acuetod of acts would have put them on the sexual offender registry list. We are saying anyone that employs this person or educates this person themselves will be exposed publicly with this same scarlet letter. I am not speaking from notes and telling you honestly from the heart I think at some point we have gone too far and when someone is convicted of a crime and do their time that is great that is sufficient. If somebody is dangerous enough maybe they ought to be put in a facility they are not released to the public. At some point you got to let people live their life. I hope some people join me in voting against this bill. Thank you.
[Unknown]
The Senator from Alexandria, Senator Ebbin .
Adam Ebbin
Speaking briefly to the bill,
[Unknown]
The Senator has the floor. Sir.
Adam Ebbin
It says under the bill would you you list which college they attend. And there is no practical benefit to any one from that. When I went to college I didn't know the names of every student in every class I was in. Unless you are going to list the class schedule and what dorm unless they happen to live on campus, put the photo on their and their license plate and who to avoid. A campus is a large place. This is as the gentleman from Fairfax city said kind of puts the mark on the college as well as the offender.
[Unknown]
The Senator from Roanoke city, Senator Edwards .
John Edwards
Mr. President, I associate myself with the remarks of the Senator from Fairfax city and the Senator from Alexandria. And Mr. President, already we have a sex offender crimes against minors registry act. And on that is the name of the offender. Any aliases. What the crime was. Where the conviction occurred and so forth. Description of the offense, age, current address and photograph of the person. What this dose is add the crept work address and the -- the current work address and name of any institution that they are currently enrolled. Going tokeep these people from getting a job and make if more difficult to go to college to get back on their feet and integrated back into society? Have we become a scarlet letter I think we have. Society? I think I supported the sex registry and still support the sex registry. Maybe we should draw the line and take a deep breathe here. What are we doing? I would hope that we would not go down the road of what happened in the fictional story about the scarlet letter and Mr. President, I voted no in the committee and I will continue to vote no.
[Unknown]
The Senator from Stafford, Senator stew are the.
[Unknown]
Speaking to the bill.
[Unknown]
The Senator has the floor.
[Unknown]
I would only add the sex offender registry was designed and set up to protect people who were vulnerable from sexual predators. And those typically are women and children and so that is why we have the registry is to protect those groups of people from predators who would prey on them. This particular instance it really affects and I really am responding to the gentleman from Alexandria, it really protects those kids that are attending classes at community college. Children in high school who are, I don't know, when do they start taking a.P. Classes? As early at 14 years old and at community college with 18, 19, 20-year-olds. We want to know if they have committed a predatory act against a child. It is to protect that vulnerable group. And that is really what it is designed. That is what the registry is for. And this bill just extends that to help protect that vulnerable class of citizens.
[Unknown]
Thank you, Senator .
[Unknown]
The question is shall House bill 628 pass. All in favor of the motion wille s aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? Close.
[Unknown]
The clerk will close the rol.
[Unknown]
Ayes 21, nos 19.
[Unknown]
Ayes 21, nos 19. The bill passes.
[Unknown]
Bill: passes
[Unknown]
House bill 1128. A bill relating to spouse's liability for medical care; exemption for principal reported from committee for residence. Courts of justice.
[Unknown]
The Senator from Rockingham .
[Unknown]
Mr. President, I move that the bill pass. Speaking to the bill. When somebody receives emergency medical treatment doesn't have insurance, doesn't have any benefits, a lien arises and typically it is a joint and several lien between husband and wife. What this provides is that a judgment arising out of a spouse emergency medical care shall not be enforced against the judgment debtor principal residence as long as it is held as tenants by the entireties unless the residence is refinanced which gives rise to additional funds or transferred sold to new owners. A protection for the spouse of somebody that incurred those medical expenses.
Bill Howell
Shall House bill 728 pass. All in favor of the motion wil l record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The bill passes. House bill 1290, a bill relating to timber cutting; determination of damages; attorney fees. Reported from committee for courts of justice.
[Unknown]
The Senator from Rockingham .
[Unknown]
I move the bill pass. Apparently this is a big problem in Fairfax city. People stealing trees and cutting down unauthorized timber and hauling it away and apparently thisth have been instances in Fairfax city where persons, property other thans have sought redress for the theft of their timber only to find that they are entitled to a penaltiry judgment for the value of the trees but aren't entitled to attorneys fees for trying to seek recompense for the loss of their valuable timber. This corrects that gross injustice and provides for the recovery of reasonable attorneys fees by the owner of the timber in the event they are required to institute legal action.
[Unknown]
Thank you, Senator. The Senator from Fairfax city.
[Unknown]
The Senator has the floor. [no audio]
[Unknown]
Statewide.
Bill Howell
Thank you, Senator. The question is shall House bill 1290 pass. All in favor of the mo tion wills aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll. Ayes 37, nos about. >> Ayes 37, nos 3. The bill passes.
[Unknown]
Uncontested calendar on second reading.
[Unknown]
Having voted on the prevailing side of House bill 628. I move that we reconsider that vote.
[Unknown]
Thank you, Senator. The question is shall the vote by which.
Bill Howell
Bill: House bill 628 was passed be reconsidered. All in favor of the motion will. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 38, nos 0.
[Unknown]
Ayes 38, nos 0. The motion is agreed to.
[Unknown]
Mr. President,.
[Unknown]
The president from Arlington .
[Unknown]
Could h.B. 628 go bye for the day.
[Unknown]
With that objection, Howell e bill 628 will go bye for the day.
[Unknown]
The Senator from James city .
[Unknown]
Thank you, Mr. President. I would now move that all of the House bills on the second reading on both the uncontested calendar and regular calendar which would include all House bills only pages 15 through 35 including House bill 52 through House bill 1011 that the rules of the Senate be suspended and that the second constitutional reading of the titles be dispensed with. You, Senator. The question is shall the rules be suspended and second reading of the titles on House bills on the uncontested calendar and regular calendars pages 15-35, House bill 52 through House bill 1011 be dispensed with. All in favor of the motion will. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 39, nos 0.
[Unknown]
Ayes 39, nos 0. The reading of the titles is dispensed with. The Senator from James city county.
[Unknown]
Mr. President I now move that all of the bills be pastor passe for the day.
[Unknown]
The question is shall the House bills on the uncontested calendar and regular calendars now on third reading go bye for the day. All in favor say aye. Those opposed, no. The ayes have it. The bills will go bye for the day.
[Unknown]
Uncontested calendar calendar, Senate bills on second reading.
[Unknown]
The Senator from James city .
[Unknown]
Thank you, Mr. President. Now pursuant to rule 23-a I would move that Senate bills 29 and Senate bill 30 be made a investigation and continuing order at the completion of the Senate calendar on Thursday, February 25, 2016.
Bill Howell
Thank you, Senator. The question is shall Senate bill 29 and Senate bill 30 be made a special and continuing order at the completion of the Senate calendar on Thursday, February 25, 2016. All in favor of the motion will. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 39, nos 0.
[Unknown]
Ayes 39, nos 0. The special and continuing order set for Senate bill 29 and Senate bill 30 at the completion of the Senate calendar on Thursday, February 25, 2016. The Senator from James city
[Unknown]
Thank you, Mr. President. County. I would now ask that Senate bil 29 and Senate bill 30 be passed bye for the day.
[Unknown]
They will be passed bye for the day.
[Unknown]
House joint resolution 210, election of a supreme court of Virginia justice. Reported from the committee for courts of justice.
[Unknown]
The Senator from Rockingham. Senator Obenshain .
Mark Obenshain
Mr. President, I move that this go bye for the bay with that objection, h.J.R. 210 will go bye for the day. The Senator from James city county.
[Unknown]
Mr. President, inquire of the clerk does that complete today's calendar?
Mark Obenshain
Yes, sir.
[Unknown]
Is there any other business to come before the Senate ? The Senator from Fairfax city, Senator Petersen .
Chap Petersen
Thankout, Mr. President. I rise to speak on a point of personal privilege.
[Unknown]
The Senator has the floor.
Chap Petersen
I regret that the pages have left to go back to the omni. I did want to speak on the events of last night. We had the basketball game last evening and we really did have a great showing in the Senate pages did a great job. The staff and pep band and cheerleaders all to raise money for the massey cancer center. Reraised $41,000. And yes, we are still accepting checks if you haven't got to me yet, I have a few folks left I need to tap. But I want to appreciate everybody that showed up. Will you played, coached or whether you are in the sidelines cheering for us. I did believe it was one team, with unsenate. I will say when we take the court there is no division amongst us. We are one team and support each sore and I felt that strongly on the court last night. Unfortunately, we didn't win. As your captain I will take some responsibility for that. I have already chosen the cree dough for next year's team which is make the Senate great again. The bottom line is we did our best. I can honestly sayy you were in the stands or on the court or coaching we gave the best we could and I am proud of what we did can. We will be back next year and I just want to thank you all again for all your support and especially thank the pages and mention that tomorrow. Thank you.
[Unknown]
The Senator from Augusta, Senator Hanger .
Emmett Hanger
Thank you, Mr. President. I rise for announcement.
[Unknown]
The Senator has the floor.
Emmett Hanger
I want to call attention to the outdoor recreation caucus. We are having a swell time with the new adventure. Tomorrow morning at 8:00 a.M. On the fifth floor east we are going to have a special presentation from a mount everest climber who is going to share slides and talk to us about climbing up mount everest not that we are going to do it anywhere in the near future. But he is a local company. Mountain guide. And we look forward to some new members joining us tomorrow at 8:00 a.M. Thank you, Mr. President.
[Unknown]
Thank you, Senator. The Senator from Roanoke city, Senator Edwards .
John Edwards
Mr. President, on a matter of personal privilege.
[Unknown]
The Senator has the floor.
John Edwards
I'm sad to report to the body that our long time friend Senator Madison marie passed away last night at 9:00 at home peacefully. I know we want to give our condolence to his lovely wife, now widow, Charlotte and his family and remember them in our prayers. The funeral service will be Saturday at 10:00 at in christiansburg at the horn funeral service facility. Visitation Friday from 4:00 to 7:00. Mr. President, those who had the privilege of serving with Senator murray remember the his wonderful humorous stories about his fictionful uncle billy. They were not only humor use and delightful but always made an important point about a bill or point of life or whatever it happened to be. He was one of the most delightful caring gentlemen I think I ever knew. He served in the Senate from 1973 to the time he voluntarily retired in 2002. We tried to talk him out of it. He said no, it was time to retire. He was first elected in December of 1973 in a special election. When Senator john dalton was elected to lieutenant governor. It was a special election in which he won, if I am not mistaken by something like seven votes. Eight votes I am advised. He used to say he won by eight votes and he had seven extra and who would like to have them. He would tell wonderful stories about travels and stories that came out of his life living in the country as a farmer. And he was a tremendous advocate for conservation. Mr. President, he served in world war ii korea and vietnam in in the united states army before he retired and moved back to his home in Charlottesville, Virginia. I would hope that we would perhaps be appropriate to adjourn today in memory of our wonderful friend Senator mattis murray.
[Unknown]
Thank you.
[Unknown]
Senator Norment .
[Unknown]
I rise for purposes of announcement. For those looking for the budget con fears they will be meeting on mount everest after the caucus tomorrow. I would like to remind the senators that the finance committee amendments to both Senate bill 29 and 30 were placed on your desk please remember to bring those back to the chamber tomorrow on Thursday. As they are not going to be reprinted. I would also encourage you to bring the ipad with you because the committee amendments are also available electronically. That might help things as well. Thank you very much, Mr. President.
[Unknown]
Thank you, Senator. The junior Senator from Virginia beach, Senator DeSteph .
Bill DeSteph
I rise for announcement.
[Unknown]
The Senator has the floor.
Bill DeSteph
We have admiral quigley coming to the Hampton roads caucus to discuss the effects of back sequestration and federal budget on Hampton roads and the commonwealth.
[Unknown]
Thank you, Senator. The clerk will please report any announcements on the desk.
[Unknown]
Today, Wednesday, February 24.
[Unknown]
Night yo on transportation meet 350 minutes after adjournment in Senate room, a injure
[Unknown]
Tomorrow Thursday, 8:00 a.M., Senate room 3 b. The Hampton roads caucus meet at 0800 hours in the sixth floor speaker's conference room. The republican caucus will meet at 11:30 a.M. In Senate room 2. The democratic caucus at 11:30 a.M. In Senate room one there is a tornado watch warning issued for Hanover, palatinguchelin today.
[Unknown]
I move that the Senate do now adjourn until 12 noon tomorrow and when we do so, we do so in memory of our friend and former Senator Madison murray.
[Unknown]
The question is shall the Senate stand adjourned to 12:00 noon tomorrow. All in favor say aye. Those opposed, no. The ayes have it. The Senate stands adjourned until 12:00 noon tomorrow. Until 12:00 noon tomorrow.