02/25/2016 Senate Proceedings

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Index

SR44—00:07:18
HB1331—00:00:30
SB163—00:04:21
SB4—00:02:22
SB361—00:01:30
SB389—00:00:56
SB424—00:00:56
SB479—00:01:44
SB544—00:01:02
SB549—00:03:00
SB626—00:00:28
SB625—00:00:40
SB626—00:00:36
HB1331—00:00:47
HB127—00:07:26
HB324—00:00:58
HB684—00:00:14
HB628—00:01:20
HB828—00:00:40
HB628—00:01:30
HB528—00:00:40
HB628—00:00:16
HB828—00:00:40
HB628—00:00:36
HB828—00:00:40
HB628—00:00:28
HB528—00:00:12
HB628—00:00:38
HB18—00:00:30
HB628—00:01:36
HB18—00:06:06
HB44—00:01:14
HB145—00:00:34
HB44—00:00:40
HB145—00:04:46
HB264—00:01:02
HB335—00:13:27
HB444—00:00:50
HB611—00:00:28
HB811—00:00:40
HB611—00:00:10
HB811—00:00:14
HB611—00:00:18
HB811—00:00:40
HB611—00:00:12
HB773—00:21:46
HB791—00:00:42
HB874—00:01:04
HB918—00:00:52
HB944—00:01:04
HB968—00:01:12
HB1011—00:01:08
HJ296—00:00:32
HJ295—00:00:40
HJ296—00:00:12
HJ295—00:00:40
HJ296—00:00:14
SB29—00:04:16
SB30—02:15:06
Sen. Tommy Norment (R-Williamsburg)—00:02
Sen. Ryan McDougle (R-Mechanicsville)—00:04
Sen. Tommy Norment (R-Williamsburg)—00:02
Sen. Ryan McDougle (R-Mechanicsville)—00:04
Sen. Mamie Locke (D-Hampton)—00:04
Sen. Siobhan Dunnavant (R-Henrico)—01:02
Sen. Bryce Reeves (R-Spotsylvania)—00:04
Sen. Jill Holtzman Vogel (R-Winchester)—00:04
Sen. Tom Garrett (R-Lynchburg)—00:04
Sen. Barbara Favola (D-Arlington)—00:04
Sen. Kenneth Alexander (D-Norfolk)—00:04
Sen. Amanda Chase (R-Midlothian)—01:16
Sen. Tommy Norment (R-Williamsburg)—00:00
Sen. Mamie Locke (D-Hampton)—00:00
Sen. Tommy Norment (R-Williamsburg)—00:04
Sen. Bill Carrico (R-Grayson)—00:04
Sen. Jill Holtzman Vogel (R-Winchester)—00:06
Sen. Bill Stanley (R-Moneta)—00:04
Sen. Barbara Favola (D-Arlington)—00:02
Sen. Scott Surovell (D-Mount Vernon)—00:04
Sen. Adam Ebbin (D-Alexandria)—00:02
Sen. Bill Carrico (R-Grayson)—00:04
Sen. Steve Newman (R-Forest)—00:04
Sen. Mark Obenshain (R-Harrisonburg)—00:02
Sen. Jill Holtzman Vogel (R-Winchester)—00:02
Sen. Emmett Hanger (R-Mount Solon)—00:05
Sen. Tommy Norment (R-Williamsburg)—00:02
Sen. Emmett Hanger (R-Mount Solon)—00:00
Sen. Frank Wagner (R-Virginia Beach)—00:00
Sen. Emmett Hanger (R-Mount Solon)—00:00
Sen. Frank Ruff (R-Clarksville)—00:00
Sen. Emmett Hanger (R-Mount Solon)—01:18
Sen. Frank Ruff (R-Clarksville)—00:00
Sen. Emmett Hanger (R-Mount Solon)—00:02
Sen. Frank Wagner (R-Virginia Beach)—00:04
Sen. Frank Ruff (R-Clarksville)—00:00
Sen. Mark Obenshain (R-Harrisonburg)—00:04
Sen. John Edwards (D-Roanoke)—00:02
Sen. Chap Petersen (D-Fairfax)—00:04
Sen. Mark Obenshain (R-Harrisonburg)—00:04
Sen. Chap Petersen (D-Fairfax)—00:00
Sen. Mark Obenshain (R-Harrisonburg)—01:00
Sen. Frank Wagner (R-Virginia Beach)—00:02
Sen. Scott Surovell (D-Mount Vernon)—00:04
Sen. Frank Wagner (R-Virginia Beach)—00:00
Sen. Scott Surovell (D-Mount Vernon)—00:02
Sen. Mark Obenshain (R-Harrisonburg)—00:04
Sen. Frank Wagner (R-Virginia Beach)—00:02
Sen. John Edwards (D-Roanoke)—00:02
Sen. Frank Wagner (R-Virginia Beach)—00:02
Sen. John Edwards (D-Roanoke)—00:04
Sen. Frank Wagner (R-Virginia Beach)—00:02
Sen. Frank Ruff (R-Clarksville)—00:06
Sen. Barbara Favola (D-Arlington)—00:04
Sen. Frank Ruff (R-Clarksville)—00:04
Sen. Dick Saslaw (D-Springfield)—00:08
Sen. Jeremy McPike (D-Dale City)—00:02
Sen. Frank Ruff (R-Clarksville)—00:04
Sen. Dick Black (R-Leesburg)—06:01
Sen. Tom Garrett (R-Lynchburg)—00:06
Sen. Richard Stuart (R-Westmoreland)—00:06
Sen. Don McEachin (D-Richmond)—00:04
Sen. Dick Black (R-Leesburg)—00:04
Sen. Don McEachin (D-Richmond)—00:04
Sen. Frank Ruff (R-Clarksville)—00:02
Sen. Frank Wagner (R-Virginia Beach)—00:52
Sen. Frank Ruff (R-Clarksville)—00:14
Sen. Adam Ebbin (D-Alexandria)—00:04
Sen. Bill Carrico (R-Grayson)—00:06
Sen. John Edwards (D-Roanoke)—00:06
Sen. Adam Ebbin (D-Alexandria)—00:06
Sen. Bill Carrico (R-Grayson)—00:00
Sen. John Edwards (D-Roanoke)—00:04
Sen. Bill Carrico (R-Grayson)—00:02
Sen. John Edwards (D-Roanoke)—00:06
Sen. Tom Garrett (R-Lynchburg)—00:06
Sen. Don McEachin (D-Richmond)—00:04
Sen. Dick Saslaw (D-Springfield)—00:06
Sen. Bryce Reeves (R-Spotsylvania)—00:06
Sen. Frank Ruff (R-Clarksville)—00:34
Sen. Frank Wagner (R-Virginia Beach)—01:08
Sen. Frank Ruff (R-Clarksville)—00:00
Sen. Frank Wagner (R-Virginia Beach)—00:02
Sen. Frank Ruff (R-Clarksville)—00:02
Sen. Tommy Norment (R-Williamsburg)—06:05
Sen. Amanda Chase (R-Midlothian)—00:00
Sen. Dick Black (R-Leesburg)—00:06
Sen. Tommy Norment (R-Williamsburg)—00:02
Sen. Don McEachin (D-Richmond)—00:00
Sen. Tom Garrett (R-Lynchburg)—00:04
Sen. Tommy Norment (R-Williamsburg)—02:36
Sen. Emmett Hanger (R-Mount Solon)—10:54
Sen. Creigh Deeds (D-Bath)—00:00
Sen. Tom Garrett (R-Lynchburg)—00:00
Sen. Jill Holtzman Vogel (R-Winchester)—01:44
Sen. Creigh Deeds (D-Bath)—00:04
Sen. Jill Holtzman Vogel (R-Winchester)—00:02
Sen. David Suetterlein (R-Salem)—00:02
Sen. Tommy Norment (R-Williamsburg)—00:02
Sen. Jill Holtzman Vogel (R-Winchester)—00:02
Sen. Dick Saslaw (D-Springfield)—00:06
Sen. Jill Holtzman Vogel (R-Winchester)—00:00
Sen. Creigh Deeds (D-Bath)—00:04
Sen. Scott Surovell (D-Mount Vernon)—00:06
Sen. Tommy Norment (R-Williamsburg)—00:06
Sen. Chap Petersen (D-Fairfax)—00:04
Sen. Frank Ruff (R-Clarksville)—00:04
Sen. Chap Petersen (D-Fairfax)—00:04
Sen. Frank Ruff (R-Clarksville)—00:32
Sen. Scott Surovell (D-Mount Vernon)—00:04
Sen. Don McEachin (D-Richmond)—00:04
Sen. Roz Dance (D-Petersburg)—00:02
Sen. David Suetterlein (R-Salem)—00:04
Sen. Tommy Norment (R-Williamsburg)—00:06
Sen. Frank Ruff (R-Clarksville)—06:54
Sen. Amanda Chase (R-Midlothian)—00:02
Sen. Frank Ruff (R-Clarksville)—00:54
Sen. Adam Ebbin (D-Alexandria)—00:04
Sen. Frank Ruff (R-Clarksville)—00:02
Sen. Adam Ebbin (D-Alexandria)—00:04
Sen. Frank Ruff (R-Clarksville)—01:02
Sen. Emmett Hanger (R-Mount Solon)—00:02
Sen. Louise Lucas (D-Portsmouth)—00:02
Sen. Frank Wagner (R-Virginia Beach)—00:04
Sen. Chap Petersen (D-Fairfax)—00:04
Sen. Frank Ruff (R-Clarksville)—00:04
Sen. Ryan McDougle (R-Mechanicsville)—00:04
Sen. David Suetterlein (R-Salem)—00:06
Sen. Ryan McDougle (R-Mechanicsville)—00:02
Sen. Glen Sturtevant (R-Midlothian)—00:04
Sen. Dave Marsden (D-Burke)—00:04
Sen. Tommy Norment (R-Williamsburg)—00:02
Sen. Jeremy McPike (D-Dale City)—00:42
Sen. Frank Ruff (R-Clarksville)—00:04
Sen. Jeremy McPike (D-Dale City)—00:04
Sen. Ryan McDougle (R-Mechanicsville)—00:04
Sen. Steve Newman (R-Forest)—00:02
Sen. Tommy Norment (R-Williamsburg)—00:04
Sen. Jill Holtzman Vogel (R-Winchester)—00:04
Sen. Dave Marsden (D-Burke)—00:06
Sen. Tom Garrett (R-Lynchburg)—00:06
Sen. Jill Holtzman Vogel (R-Winchester)—00:06
Sen. Bill Carrico (R-Grayson)—00:02
Sen. Jill Holtzman Vogel (R-Winchester)—00:00
Sen. Chap Petersen (D-Fairfax)—00:02
Sen. Jill Holtzman Vogel (R-Winchester)—00:00
Sen. Chap Petersen (D-Fairfax)—00:02
Sen. Jill Holtzman Vogel (R-Winchester)—00:02
Sen. Ryan McDougle (R-Mechanicsville)—00:04
Sen. Chap Petersen (D-Fairfax)—00:02
Sen. Ryan McDougle (R-Mechanicsville)—00:06
Sen. Chap Petersen (D-Fairfax)—00:02
Sen. Ryan McDougle (R-Mechanicsville)—00:02
Sen. Emmett Hanger (R-Mount Solon)—00:36
Sen. Steve Newman (R-Forest)—00:04
Sen. Barbara Favola (D-Arlington)—00:04
Sen. Richard Stuart (R-Westmoreland)—00:06
Sen. Ryan McDougle (R-Mechanicsville)—00:04
Sen. David Suetterlein (R-Salem)—00:04
Sen. Emmett Hanger (R-Mount Solon)—00:04
Sen. Tommy Norment (R-Williamsburg)—00:06
Sen. Emmett Hanger (R-Mount Solon)—00:02
Sen. Bryce Reeves (R-Spotsylvania)—00:02
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Minutes

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

Prayer offered by The Reverend Michael Pottschmidt, Trinity
Lutheran Church, Richmond, Virginia

ROLL CALL OF MEMBERS: quorum present

Motion of Senator Suetterlein dispensed with reading of Journal
(35-Y 4-N)

COMMUNICATION FROM HOUSE (HN10224): reading waived (34?Y 6?N)

The House of Delegates has passed with amendments the following
Senate bills: SB 44, 445, 690

The House of Delegates has passed with substitutes the following
Senate bills: SB 99, 115, 160, 366, 731

The House of Delegates has rejected the substitutes proposed by the
Senate to the following House bills: HB 289, 386

The House of Delegates has passed the following Senate bills: SB
46, 51, 58, 64, 182, 325, 372, 444, 580, 642, 670

The House of Delegates has agreed to the amendments proposed by the
Senate to the following House bills: HB 232, 263, 415, 442, 528, 586, 727, 1058

The House of Delegates has agreed to the substitutes proposed by
the Senate to the following House bills: HB 190, 642, 1117

Senate bills with House amendments and substitutes placed on
Calendar

BILLS REPORTED

From Courts of Justice: HB 19, 90A, 102S rereferred to Finance,
198, 206, 364 rereferred to Finance, 382A, 543, 560, 577S, 610S rereferred to
Finance, 625S rereferred to Finance, 754S rereferred to Finance, 765 rereferred
to Finance, 768 rereferred to Finance, 809 rereferred to Finance, 810, 922S
rereferred to Finance, 940, 1020A, 1087S rereferred to Finance, 1096A, 1102
rereferred to Finance, 1189S rereferred to Finance, 1234A, 1245A

From Education and Health:

From Transportation: HB 97S, 98S, 213A, 384, 417, 454A, 501, 613,
728, 747, 748, 869, 938, 1060, 1111S rereferred to Finance, 1190, 1232, 1269,
1276, 1287, 1359, 1383S

BILLS REREFERRED

From Transportation: HB 168 rereferred to Courts of Justice, 912
rereferred to Courts of Justice, 1229 rereferred to Courts of Justice, 1348
rereferred to Courts of Justice

Rules suspended, privileges of the floor given to distinguished
guests (39?Y 0?N)

CALENDAR

UNFINISHED BUSINESS - HOUSE

HB1331 - Senate insisted on its substitute and requested committee
of conference (40-Y 0-N)

UNFINISHED BUSINESS - SENATE

SB 163 - House substitute agreed to by Senate (24-Y 16-N)

SB 4 - Stricken from Senate Calendar (38-Y 0-N)

SB 361 - House substitute agreed to by Senate (30-Y 10-N)

SB 389 - House substitute agreed to by Senate (40-Y 0-N)

SB 424 - House substitute agreed to by Senate (40-Y 0-N)

SB 479 - House substitute agreed to by Senate (40-Y 0-N)

SB 544 - House substitute rejected by Senate (1-Y 39-N)

SB 549 - House substitute agreed to by Senate (33-Y 5-N 2-A)

SB 626 - House amendment agreed to by Senate (34-Y 6-N)

UNCONTESTED CALENDAR

HOUSE BILLS ON THIRD READING

HB 52 - Read third time, Passed Senate block vote (40-Y 0-N)

HB 95 - Read third time, Passed Senate block vote (40-Y 0-N)

HB 111 - Read third time, Passed Senate block vote (40-Y 0-N)

HB 123 - Read third time, Passed Senate block vote (40-Y 0-N)

HB 124 - Read third time, Passed Senate block vote (40-Y 0-N)

HB 125 - Read third time, Passed Senate block vote (40-Y 0-N)

HB 138 - Read third time, Passed Senate block vote (40-Y 0-N)

HB 148 - Read third time, Committee amendment agreed to (voice
vote), Engrossed, Passed Senate block vote (40-Y 0-N)

HB 185 - Read third time, Passed Senate block vote (40-Y 0-N)

HB 210 - Read third time, Passed Senate block vote (40-Y 0-N)

HB 234 - Read third time, Committee amendment agreed to (voice
vote), Engrossed, Passed Senate block vote (40-Y 0-N)

HB 283 - Read third time, Passed Senate block vote (40-Y 0-N)

HB 378 - Read third time, Passed Senate block vote (40-Y 0-N)

HB 398 - Read third time, Committee amendments agreed to (voice
vote), Engrossed, Passed Senate block vote (40-Y 0-N)

HB 409 - Read third time, Passed Senate block vote (40-Y 0-N)

HB 477 - Read third time, Passed Senate block vote (40-Y 0-N)

HB 534 - Read third time, Passed Senate block vote (40-Y 0-N)

HB 567 - Read third time, Passed Senate block vote (40-Y 0-N)

HB 578 - Read third time, Committee amendment agreed to (voice
vote), Engrossed, Passed Senate block vote (40-Y 0-N)

HB 644 - Read third time, Passed Senate block vote (40-Y 0-N)

HB 691 - Read third time, Passed Senate block vote (40-Y 0-N)

HB 746 - Read third time, Passed Senate block vote (40-Y 0-N)

HB 756 - Read third time, Passed Senate block vote (40-Y 0-N)

HB 778 - Read third time, Passed Senate block vote (40-Y 0-N)

HB 821 - Read third time, Passed Senate block vote (40-Y 0-N)

HB 844 - Read third time, Passed Senate block vote (40-Y 0-N)

HB 870 - Read third time, Passed Senate block vote (40-Y 0-N)

HB 872 - Read third time, Passed Senate block vote (40-Y 0-N)

HB 907 - Read third time, Passed Senate block vote (40-Y 0-N)

HB 930 - Read third time, Passed Senate block vote (40-Y 0-N)

HB 951 - Read third time, Passed Senate block vote (40-Y 0-N)

HB 955 - Read third time, Passed Senate block vote (40-Y 0-N)

HB1051 - Read third time, Passed Senate block vote (40-Y 0-N)

HB1063 - Read third time, Committee substitute agreed to (voice
vote), Engrossed, Passed Senate block vote (40-Y 0-N)

HB1064 - Read third time, Passed Senate block vote (40-Y 0-N)

HB1093 - Read third time, Committee amendment agreed to (voice
vote), Engrossed, Passed Senate block vote (40-Y 0-N)

HB1122 - Read third time, Passed Senate block vote (40-Y 0-N)

HB1152 - Read third time, Passed Senate block vote (40-Y 0-N)

HB1175 - Read third time, Passed Senate block vote (40-Y 0-N)

HB1203 - Read third time, Committee amendment agreed to (voice
vote), Engrossed, Passed Senate block vote (40-Y 0-N)

HB1209 - Read third time, Committee substitute agreed to (voice vote),
Engrossed, Passed Senate block vote (40-Y 0-N)

HB1224 - Read third time, Passed Senate block vote (40-Y 0-N)

HB1227 - Read third time, Passed Senate block vote (40-Y 0-N)

HB1261 - Read third time, Passed Senate block vote (40-Y 0-N)

HB1299 - Read third time, Passed Senate block vote (40-Y 0-N)

HB1341 - Read third time, Passed Senate block vote (40-Y 0-N)

HB 127 - Read third time, Committee substitute agreed to (voice
vote) Engrossed, Out of block, Passed Senate (40-Y 0-N)

HB 324 - Out of block, Read third time, Passed Senate (37-Y 0-N
3-A)

HB 684 - Out of block, Passed by for day

REGULAR CALENDAR

HOUSE BILLS ON THIRD READING

HB 628 - Motion to recommit to Courts of Justice agreed to (20-Y
20-N, Chair voted yea), Motion to recommit to Courts of Justice reconsidered
(40-Y 0-N), Motion to recommit to Courts of Justice rejected (19-Y 21-N), Read
third time, Passed Senate (21-Y 19-N)

HB 18 - Read third time, Surovell floor amendment agreed to (voice
vote), Engrossed, Passed Senate (27-Y 12-N)

HB 44 - Read third time, Passed Senate (39-Y 0-N)

HB 145 - Read third time, Passed Senate (21-Y 19-N)

HB 264 - Read third time, Passed Senate (21-Y 19-N)

HB 335 - Read third time, Black floor amendments rejected (voice
vote), Passed Senate (33-Y 6-N 1-A)

HB 444 - Read third time, Passed Senate (40-Y 0-N)

HB 611 - Read third time, Passed Senate (40-Y 0-N)

HB 773 - Read third time, Committee substitute agreed to (voice
vote), Engrossed, Pending question ordered (34-Y 6-N), Passed Senate (21-Y 19-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]
[ gavel banging ] >>> The Senate will come to order. The senators will please take their seats. Those persons not entitled to the privileges of the floor will kindly retire to the gallery. The senators and all in attendance will stand and be led in prayer by the Reverend michael pottschmidt, trinity lutheran church, Richmond. Reverend pottschmidt, thank you very much and welcome.
[Unknown]
Let us pray. Almighty God, you created us by your power, redeemed us in your love, and daily transform us with your truth. Help us as leaders and citizens to honor you in you're thoughts, words, and actions. Benz our will to your -- bend our will to your own and make us productive partners to see your will accomplished among us. Trusting your good and gracious will for us and all people, we pray for those affected by the storms that struck our commonwealth last evening, for the families of those who lost their lives, we pray for comfort. For those whose property and possessions were damaged, we pray for hope. For those who are injure, we pray for healing. For those who are afraid, we pray for Peace. For all who work on our behalf during severe weather, we give you thanks and ask for protection. May we receive from you all goodness, wisdom, and strength, and return to you all praise, service, and glory, for you are our God and we are your people. Amen.
Bill Howell
The clerk will call the roll. All those present will please vote aye. The clerk will close the roll.
[Unknown]
Clerk: you have a quorum, Mr. President. Senate journal for Wednesday, February 24, 2016.
Bill Howell
The Senator from Roanoke County, Senator surt lane moves that the reading of the journal be waived. All in favor of waiving the reading of the journal will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 35, nos 4 simpl ayes 35, nos 4. The reading of the journal is waived. The clerk will report any communications from the House of delegates. The Senator from James city county, Senator Norment .
Tommy Norment
Mr. President, I respectfully move that we waive the reading of any communications from the House of delegates, sir.
Bill Howell
Thank you, Senator. The question is shall the reading of the communications be waived. All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
Tommy Norment
Ayes 34, nos 6.
[Unknown]
Ayes 34, nos 6. The reading of the communication is waived. The clerk will report any communications from the governor.
[Unknown]
We do not have any, sir.
[Unknown]
Thank you, madam clerk. The time has arrived to recognize visitors to the gallery and take up other matters for the morning hour. The Senator from Hanover, Senator McDougle .
Ryan McDougle
Thank you, Mr. President. Rise for the purposes of an introduction.
[Unknown]
The Senator has the floor.
Ryan McDougle
Mr. President, today we have in the gallery our honored guests, minister cunahe kuwazu from the embassy of japan. He is visiting us today to continue to strengthen the commonwealth's clothes relationship with the re -- close relationship with the republic of japan. Jn is one of Virginia 's strongest international trade allies and right now they are the secular guest source of foreign direct funding investment into Virginia. Mr. President, the minister wols like to extend on behalf of ambassador sesei an invitation in April to visit the ambassador's residence and have some additional discussion about our ability to expand trade and opportunities in the Mr. President, if you could commonwealth of Virginia. Offer minister the warm welcome of the Senate and thanks for being a good friend.
[Unknown]
Thank you, Senator. Would Mr. Kawazu please rise. Welcome to our gallery of the Senate in Virginia this afternoon. It was a pleasure working with -- or meeting with you this morning and as the good Senator from Hanover said, we enjoy our business relationship and all the other things that we share with japan, and we certainly appreciate that relationship. Thank you for being with us this afternoon and thank you for the invitation to come up with the embassy in April. Hopefully we can make it up and visit you and I hope you have a wonderful stay this afternoon. I would ask the members of the Senate to pleas join me in offering -- please join me in offering Mr. Kawazu the warm welcome of the Senate. [ applause ]
[Unknown]
The Senator from James city county, Senator Norment .
Tommy Norment
Thank you, Mr. President. I respectfully move that the rules of the Senate be suspended and that the privileges of the floor be extended to certainly extinguish persons and I would yield for the Senator from Hanover .
Bill Howell
Thank you, Senator prn the question is shall the rules be suspended and the privileges of the floor granted to distinguished person. 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? Their vote? Do any senators desire to change the clerk will close the roll.
Tommy Norment
Ayes 39, nos 0.
[Unknown]
Ayes 39, nos 0. The rules are suspended. The privileges of the floor are granted to. The Senator from Hanover, Senator McDougle .
Ryan McDougle
Mr. President, today we're going to present a resolution in honor of an individual who we've all come to know and work with over the last 30-plus years. You can come a little closer. Johnny bennett has been an incredible asset to the Senate of Virginia. It makes me feel a little old to know that she's been here for 32 years supporting us and making sure we get our job done on a she started as a secretary for daily basis. Ed holland and Madison marie back in the 1990 session. She transitioned into purchasing and fiscal matters, becoming the Senate purchasing officers in 1995, and she retired as the deputy clerk of support services. One of the most challenging tasks that she had to accomplish other than dealing with the 40 of us was with the capitol restoration project, which as you look around and were reminded on a daily basis how tremendous a job this was. I remember the days when it would rain, would come in through the window on the side of the building, so you had to watch your computer and the fact that we have this beautiful restoration is tremendous. She is also one that you can never miss her just warm and welcoming spirit. She has a tremendous personality, she's a tremendous person, and we are very thankful that she spent those 32 years with us, keeping us straight and doing a great job. She is joined by her son john. John, where u you? Right there. James Smith they are, sarah Williams and madeleine. And by her many friends in the Senate. Madam clerk, if you would please read Senate joint resolution 44.
[Unknown]
Senate resolution number 44. Comepding johnny bennett. Whereas johnny bennett, deputy clerk for support services of the Senate of Virginia clerks office retired on July 1, 2015, after 32 years of exceptional service to the people of the commonwealth and the Senate of Virginia, and whereas johnny bennett started her career in public service with the Richmond general district court as the clerk and accountant for the judges, and whereas after seven years working in the judicial system, johnny bennett joined the staff of the Senate clerk was office, served as secretary to senators ed holland and Madison marie during the 1990 regular session, and whereas following the session, john if I bennett was asked to stay on as the Senate 's purchasing fiscal technician and with her accounting acumen, she quickly ascented the rainings to become the Senate purchasing officer in 1995. Whereas johnny bennett became an increasingly valuable asset not Senate as she expanded her expertise of procurement law, attaining her certification as a Virginia contracting officer, and becoming a member of the Virginia association of government tal purchasing, and whereas actively engaged in professional development and pen toreship, johnny bennett was a member of the american society of legislative clerks and secretaries and served as chair of the membership and communications committee and as co-chair of the technology committee. And whereas johnny bennett's professional excellence and personal attention to detail were reflected in every project she united states took, including the most challenging of her career, coordinating with the clerk of the Senate the many jobs, activities and events surrounding the historic renovation of the Virginia state capitol from 2004 to 2007, and whereas recognized early for her management potential, john if I bennett accepted the opportunity to attend the commonwealth's management institute and was promoted to a team leadership position in 2006 following her outstanding work with the capitol renovation, she was named assistant clerk in 2009 and ernz her current title, deputy clerk support services in 2011. And whereas with her outgoing personality and can-do attitude, johnny bennett has been a model team leader to the members of support services who have learned by her example that nothing is impossible with a little imagination and a lot of determination. And whereas johnny bennett plans to keep equally busy in her retirement, she has set her sights on traveling the globe, attending art classes, and spending more quality time with family and friends. And whereas johnny bennett has represented the Senate with honor and distinction and has gain the admiration and respect of state leaders, contractors, and colleagues in each of the three branches of government, now therefore, be it resolved by Senate of Virginia that johnny bennett hereby be commended for her outstanding service to the commonwealth and her commitment to the preservation of the Virginia state capitol as a treasured historic landmark. And be it resolved further that the clerk of the Senate prepare a copy of this resolution for presentation to johnny bennett, former deputy clerk, support services, as an expression of the Senate of Virginia 's appreciation for her dedication and admiration for her sense of style and best wishes for a happy and long retirement.
Ryan McDougle
Thank you, madam clerk. While the -- while Mrs. Bennett is escorted not dais, I would ask the Senate to please offer Ms. Johnny bennett the warm [ applause ] welcome of the Senate .
[Unknown]
Congratulations. Thank you so much. Thank you.
[Unknown]
Well, on behalf of the Senate and the staff, it's wonderful to see you again. We miss you, but congratulations on your retirement, and I 'm going to speak just to say a couple words on behalf of the Senate and having served in the Senate and obviously now as lieutenant governor, but you and folks like you and the staff make it so wonderful for us to work here, and we enjoy the privilege of doing that. And to the point where after the two months that we're here, it's oftentimes difficult to go back home and go back to our office. We just don't get treated like this, and so -- yeah, it's people like you that just -- it just makes this a great place to work and obviously we're all here to get what's done in the best interests of Virginia, so it's all a team effort. We thank you so much, and again, 32 years of service here as tremendous amount of time and we just wish you the best. I know everybody wants to say hi to you, but again, I would ask the Senate to please join me in offering Ms. Johnny bennett congratulations and the warm welcome of the Senate. Thank you.
[Unknown]
Thank you so much. [ applause ]
[Unknown]
It's an honor.
[Unknown]
The Senate will stand at ease.
[Unknown]
The Senate will come to order. Returning to the morning hour, the junior Senator from Henrico, Senator Dunnavant. The Senator from Hampton, Senator Locke .
Siobhan Dunnavant
Thank you, Mr. President. I rise for an introduction.
[Unknown]
The Senator has the floor.
Siobhan Dunnavant
Mr. President, in the gallery today, we have two students visiting from Hampton university. Benjamin bailey is a senior pursuing his bachelor's degree in business management. He's the student advisor for the Hampton university chapter of brother to brother, he's from Prince George Virginia. Also sean banks, a senior pursuing his master's in business administration. He's the president of the entrepreneurship club and also a member of brother to brother. He is from Hampton, Virginia. If you would please join me in giving both of them a warm welcome to the Senate .
[Unknown]
Thank you, Senator. Would benjamin bailey and sean banks please rise. Welcome this afternoon to the gallery. As the Senator from Hampton said, you all are at a wonderful university and you have a lot to be proud of, and we appreciate you visiting here. I hope you will agree with me that the finest and best professor at Hampton university is Senator mamie Locke. You would agree with that, correct? All right, that's good. We hope you're enjoying your afternoon here and thanks for your visit. I would ask the members of the Senate to please join me in offering Mr. Benjamin bailey and scene banks the warm welcome of the Senate. [ applause ]
[Unknown]
The junior Senator from Henrico, Senator Dunnavant .
Siobhan Dunnavant
Thank you, Mr. President. I rise for an introduction.
[Unknown]
The Senator has the floor.
Siobhan Dunnavant
First I had very much like to thank the Reverend michael pottschmidt who gave you are invocation this mornings he's at trinity lurn church. He's been the senior pastor there since 2013. He went to seminary in st. Louis and most importantly, is in the rotor ri which my husband, which I could not forget to say. If you would please offer the warm welcome of the Senate to Reverend pottschmidt.
[Unknown]
Thank you, Senator. Would Reverend michael pottschmidt please rise. Thank you to the gallery and as the good Senator from Henrico said, thank you for getting us off on the right foot this I know we've been here a couple afternoon. Times and we tresht that. I would ask the members of the Senate to please join me in offering Reverend michael pottschmidt the warm welcome of the Senate. [ applause ]
[Unknown]
The Senator from Henrico .
[Unknown]
Thank you, Mr. President. Today with us in the gallery also is grove christian school, fourth grade. And they're here with their teacher cindy Scott learning about what we do, and I will ask you to please give the warm welcome of the Senate to grove christian school.
[Unknown]
Thank you, Senator. Would members from grove christian school's fourth grade please rise. Wow, what a great group of young scholars we have. You all are so handsome and beautiful there, and if you look on the screen in front of you, you can wave at yourself with the cameras on you. Thank you for coming and visiting with us today. And, you know, as I remind all of our young students, if you listen to your teachers and listen and obey to your parents, they will Head you in a great direction and the ki is the limit for you -- sky is the limit for you. Keep working hard in school and we appreciate you all being with us today. I would ask the members of the Senate to please join me in offering members from grove christian school the warm welcome of the Senate. [ applause ]
[Unknown]
The Senator from Spotsylvania, Senator Reeves .
Bryce Reeves
Yes, thank you, Mr. President. I rise for an introduction.
[Unknown]
The Senator has the floor.
Bryce Reeves
Mr. President, today I would like to introduce about 80 third graders. They're not in the gallery, Mr. President, or we'd have heard from them already. They're in one of the Senate rooms, but thaer accompanied by principle sean hudson, several teachers and third grade students from chancellor elementary school. Last October I had the privilege of visiting this group of third graders at chancellor and speaking to them about state government. I also found out pretty much where I was in the district right before the election after talking with them. Very engaging. They came down today because I lost a bet, Mr. President, and so they are here and we are thrilled that they are actually getting to see george Washington 's sculpture out in the monument in the capitol and see everything and put it all together and on behalf of the Senator from Stafford, we engaged the third grade and they were a couple questions where they stumped us, Mr. President, but they are in another room, I know, listening intently and I would ask that you give them the warm welcome of the Senate .
[Unknown]
Thank you, Senator. I will. Members of chancellor elementary school, are there any in the gallery? We do have some, Senator. You all please rise. I know the rest of you are viewing this from a different room, but I did want to tell you, we do like to go out and talk to the schools and there's actually a bill, and I don't believe we're going to hear it today, but it was an idea of a third grader from the eastern shore and it was to say that when there's a child in a car, that smoking should not be allowed. That's been going through the Senate and the House for a couple years now, but will be coming over to the Senate from the House, and that came from a third grader. And we called it matthew's law, so third graders have great ideas. You're young and smart and this is your future. We appreciate you being here and learning how laws are made. I would ask the members of the Senate to please join me in offering members from chancellor elementary school the warm welcome of the Senate. [ applause ] the Senator from Fauquier, Senator Vogel .
Jill Holtzman Vogel
Thank you, Mr. President. I rise for purposes of an introduction.
[Unknown]
The Senator has the floor.
Jill Holtzman Vogel
Thank you, Mr. President. I think that we do our very best to make sure that no one is in school today. It would seem. The Senator from Spotsylvania and I. However, I kept three kids out of cool today and it is -- school today and it is my great honor to introduce two of them in the gallery. They live in middleburg, they attend hill school. Virginia. One is tatiana in the sixth grade and the other the kiara and she is in the fourth grade. I was careful to pick a day that I thought would be really exciting and interesting and I picked today not realizing that madam clerk was going to stand on the Senate floor and read numbers for hours. And so I hope that they will get a capital tour and they will have a fun lunch and do something and then come backs I just happened to notice that we very likely will have a wild floor debate over the eastern garter snake versus the timber rattlesnake, so maybe they will come back for that in between the clerk reading numbers. But they are also hear with one of my children, but she's been introduced before and no not need to be introduced again. I would ask you please extend to then the very warm welcome of the Senate. Thank you.
[Unknown]
Thank you, Senator. Would tatiana, kiara and will please rise. Thank you all so much for coming to visit us today. A great day to be out of school, but you can -- like the Senator from Fauquier said a lot that you can learn up here. So we hope you all have a great afternoon and will, it's always great seeing you and thanks for bringing your friends to visit us today. I would ask the members of the Senate to please join me in offering will, kiara, and tatiana the warm welcome of the Senate. [ applause ] the Senator from Buckingham, Senator Garrett .
Tom Garrett
Good afternoon, Mr. President. I rise for an introduction.
[Unknown]
Good afternoon. The Senator has the floor.
Tom Garrett
Mr. President, for four and a half years, I 've risen to speak in this chamber and on some occasions, people like what I have to say and on most occasions, maybe they don't. And Mr. President, I think former president clinton is in town and so I 'll steal a phrase from him. There's somebody in the gallery today that feels your pain. Because for 43 years, paine has been my sister and she's had to listen to me ramble on for that entire time. Mr. President, ims my privilege and honor to introduce today paige Garrett and her five children. They were down here today to encourage the governor to sign off on what I call the equal access, but most people call the t-mobile bill. I ask you all to give them your condolences and the warm welcome of the Virginia Senate .
[Unknown]
Thank you, Senator. Would miss Page and your wonderful family please rise. What a great-looking family you have. Thanks for visiting us today and thanks for keeping an eye on your brother. He is always very well behaved and don't have to worry about a thing with Senator Garrett. I hope you have a wonderful stai I would ask the members of the stay here. Senate to please join me in offering her and her guests the warm welcome of the Senate. [ applause ] 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. In the gallery with us today is barbara kananan, a remember of the articling -- member of the Arlington County school board. Barbara is one of the hardest working members of the school board. She is here to observe the general assembly today and to remind us all of how important it is for the state to be a strong partner in funding public k-12 education. So with that, I would ask the Senate to give her warm welcome. Thank you.
[Unknown]
Thank you, Senator. Would Ms. Barbara kananan please rise and your guest as well. It's great to see you here and just as the good Senator from Arlington said, it's so important, the mission you have of k-12 education and we're all here to help you support that. Thanks for visit us today. I'd ask the members of the Senate to please join me in offering her the warm welcome of [ applause ] the Senate. The Senator from Norfolk, Senator Alexander .
Kenneth Alexander
Thank you, Mr. President. I rise for an introduction.
[Unknown]
The Senator has the floor.
Kenneth Alexander
Thank you, Mr. President. In the gallery, we have Dr. Noel gabriel and nate ken miss son. Dr. Gabriel is a pediatrician practicing at children's hospital of the king's as yourself, Mr. President, she daughters. Manageded the physical, mental and emotional well being of our children in every stage of their development, but more importantly, Mr. President, she's the vice chair of Norfolk school board and she fights every day to ensure that all students maximize their academic potential with her colleagues to make sure that they develop skills for lifelong learning and become contributors of a global society. Mr. President, will you please give Dr. Noel gabriel and her guests the warm welcome the
[Unknown]
Thank you, Senator. Senate. Would Dr. Noel gabriel and nate kenison please rise. Thanks for being with us this afternoon. Noel, it's always great having another doctor in the House. Hope everything is well back at the king's daughters and I appreciate all the work you do for the Norfolk school board and you're doing great work. We appreciate that. I'd ask the members of the Senate -- what was that about? See, Dr. Gabriel already knows what type of doctor I am. That's a little bit of an inside joke, but -- they like to hear me say that I 'm a pediatric neurologist.
[Unknown]
All: yay! [ applause ]
[Unknown]
I would ask the members of the Senate -- I thank you, first of all, but I ask them to join me in offering Dr. Noel gabriel and nate kenison the warm welcome of the Senate. [ applause ] the Senator from Chesterfield, Senator Chase .
Amanda Chase
Thank you, Mr. President. I rise for the purposes of two introductions.
[Unknown]
The Senator has the floor.
Amanda Chase
Thank you, Mr. President. I would like to recognize in the gallery today, we have brent archer, the president of columbia gas of Virginia. They serve nearly 260,000 customers in 85 communities in Virginia. They are ranked top 10% of all gas utilities in the nation in safety, which is quite an accomplishment, and it's an honor to have them in the gallery today. I'd like to extend the warm welcome of the Senate to them.
[Unknown]
Thank you, Senator. Would president brent archer and any other members from columbia gas of Virginia please rise. Thank you all so much for being with us and thank you for working so diligently to keep the costs of energy low in the commonwealth of Virginia and that's very important for families, very important for economic development. So we appreciate all that you do for Virginia. I would ask the members of the Senate to please join me in offering members from columbia gas of Virginia the warm welcome of the Senate. [ applause ] the Senator from Chesterfield, Senator Chase .
Amanda Chase
Thank you, Mr. President. I have one more introduction. I'd like to introduce to you dave and ann hoopsker in the gallery today. They live in colonial highs, a part of my district. She's very involved with home educators association of Virginia and was very involved when I home schooled for nine years, so I 'd like to extend the warm welcome of the Senate to ann and david hoopsic.
[Unknown]
Thank you, Senator. Would dave and ann please rise. Thank you for being here this afternoon and thank you for advocating for homeschooling. We have a lot of choices in Virginia for education and that's make the system even so thanks for being here this stronger. Afternoon. And I 'm sorry, I didn't catch your last name, but I would ask the members of the Senate to please join me in offering ann and dave the warm welcome of the Senate. [ applause ] and there May be some other guests in the gallery today that we haven't recognized, but we certainly appreciate you all being with us today and visiting. Is there any other business for the morning hour? Seeing none, the clerk will please call the calendar.
Amanda Chase
Senate calendar for Thursday, February 25th, 2016. Unfinished business, House. House bill 1331. The House has rejengted the Senate substitute.
[Unknown]
The Senator from James city county, Senator Norment .
Tommy Norment
Pass that bill temporarily, please, sir.
[Unknown]
Without objection, House bill 1331 will go bye temporarily.
Tommy Norment
Unfinished business, Senate. Senate bill 163, passed the House with a substitute.
[Unknown]
The Senator from Hampton, Senator Locke .
Mamie Locke
Thank you, Mr. President. Let me try this again. Mr. President, again I ask that the Senate accept the House substitute to Senate bill 163 that passed the House on a 100-0 vote. Mr. President, it May be difficult for some to believe, especially if you're from a part of the state that does not experience the frequency of flooding like we do in Hampton roads, but this is a very real problem for us. Again, and most important, this bill comes directly from citizens in Hampton and Poquoson looking for local government assistance to have an option to enact an ordinance to prevent the operation of motor vehicle gun boats on flooded streets. This is not complicated. This is about giving a locality the option to create a month wake zone for flooded streets just like we have for sensitive water areas in high boat traffic areas. This permissive statute would provide for signage and would exempt public safety, politic utility and vdot vehicles. I simply ask we accept the House substitute. Thank you, Mr. President.
[Unknown]
Thank you, Senator. The Senator from James city county, Senator Norment .
Tommy Norment
Thank you, Mr. President. I rise in support of the bill. It's amazing what 24 hours can do and how you can have a he have perspective faen, especially when -- he fife pane, especially when the you hear from one of the localities you represent and this is important and this is very important to an area that the Senator from Hampton and I share. I realize it ray not be an issue in some geographical areas of the state, but it is very important down in some of the low lands that we have, particularly in the jurisdiction formerly known as bull island.
[Unknown]
Thank you, Senator. The Senator from Grayson, Senator Carrico .
Bill Carrico
Thank you, Mr. President. Believe it or not, the new river does flood. It does get outside of its banks and there are people ticked for reckless driving that will drive through those areas where they are endangering themselves or property, and as I stated earlier yesterday, that there is already a violation of the law which is called reckless. The only thing different here is you're taking the willful and wanton act to damage property out of the section with -- conduring with what the louse did. I just give the example again, if you care about your neighbor and you go down with your high-rise pickup to pick up your neighbor while they're being flooded and you have a -- one of the other neighbors has a vendetta against you and there's some flooding damage to their House, there is no proof if the willful and wanton act is taken out of this because all you have to do is be on that street. It is not any proof that you have to have done anything willfully or wanton if this comes out. So I renew my objection to the amendment and I hope we defeat it. Thank you.
[Unknown]
Thank you, Senator. The Senator from Fauquier, Senator Vogel .
Jill Holtzman Vogel
Thank you, Mr. President. I just rise to speak to the motion. It was my fault yesterday for the confusion and the fact that we are now hearing this a third time, so I have to apologize to the body for that, but it was truly my misunderstanding about what the issues were and what was revent and wasn't relevant, but having gone back and looked and also heard from several people, I would urge the body to support the Senator from Hampton in adopting the House 's recommendation. Thank you, Mr. Chair, or Mr. President.
Bill Howell
Thank you, Senator. The question is shall the Senate concur with the substitute. 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.
Jill Holtzman Vogel
Ayes 24, nos 16.
[Unknown]
Ayes 24, nos 16. The Senate concurs with the House substitute.
[Unknown]
Senate bill 4, passed the House with a substitute.
[Unknown]
The Senator from Franklin County, Senator Stanley .
Bill Stanley
Thank you, Mr. President. With regard to Senate bill 4, I 'm going to have a motion. That motion will be to strike the bill and I 'd like to speak to that motion, sir.
[Unknown]
The Senator has the floor.
Bill Stanley
Mr. President, members of the Senate, you May know that for years, I 've brought this weekend jail time bill because I believe that those that are convicted of nonviolent felonies where the sentence of active time also not so great, that rather than having them lose their jobs or not be able to care for their families financially or otherwise, that they should be able to serve those days in nonconsecutive days in jail so that they can keep their job, take care of their families, work on their education, so when they pay their debt to society, that debt was paid and they were still active members of it. Because when someone comes out of jail who had a job at the time, who had to go and serve their time for nonviolent offense, usually the employer couldn't hire them back. They'd have to fire them and hire someone else. And when they came out, the options were either go on unemployment, become a Ward of the state, or in order to survive, commit another crime. This was to try to help in those situations. When it went over to the House, Mr. President, I thought we had an agreement on this when we started. Turns out there were changes that were made and I made a promise to the chairman of a committee that I would not move to reject the amendment. When I looked deeper in what the amendments had been and this bill had now become, it was a step backward, not a step forward, and so in keeping with my word, I now move, once again, that this bill be struck from the calendar. Mr. President, I will tell you, I 'm coming back with this bill and we will get this because it's fair, it's just, and it's the right thing for us to do. Thank you, Mr. President.
Bill Howell
Thank you, Senator. The question is shall Senate bill 4 be stricken from calendar. All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 38, nos 0.
[Unknown]
Ayes 38, nos 0. The bill will be stricken from the calendar.
[Unknown]
Senate bill 361 is passed the House with a substitute.
[Unknown]
The Senator from Arlington, Senator Favola .
Barbara Favola
Thank you, Mr. President. I move that the Senate concur with the House substitute and that we pass the measure. What the bill does is essentially enable local jurisdictions to post a sign on private property, single-family home property, when an in-fill grading plan has been filed for the development of a new home. What the House substitute does is it adds language that we were asked to add by folks in the development community and the House substitute essentially says that the locality May not require the applicant, which would be the home developer, to do the posting and the locality cannot deny the in-fill grading plan because the sign was not posted. So with those additions, again, I think that this is a measure that informs neighbors, the developers have agreed to it, and I think it's a step forward. I ask that the Senate adopt the bill -- the House substitute.
Bill Howell
Thank you, Senator. The question is shall the Senate concur with the substitute. 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.
Barbara Favola
Ayes 30, nos 10.
[Unknown]
Ayes 30, nos 10. The Senate concurs with the House substitute.
[Unknown]
Senate bill 389. Passed the House with a substitute.
[Unknown]
The Senator from eastern Fairfax County, Senator Surovell .
Scott Surovell
Thank you, Mr. President. Speaking to the House amendment.
[Unknown]
The Senator has the floor.
Scott Surovell
Thank you, Mr. President. House bill -- I 'm sorry, Senate bill 389 has to do with condos -- homeowners the House had a parallel bill. This conformed my bill to the House bill, which says the same thing a little bit differently. If anybody wants to get into it, I 'll be happy to answer question, but I 'd ask that we adopt House amendment.
Bill Howell
Thank you, Senator. The question is shall the Senate concur with the substitute. 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 40, nos 0.
[Unknown]
Ayes 40, nos 0. The Senate concurs with the House substitute.
[Unknown]
Senate bill 424. Passed the House with a substitute.
[Unknown]
The Senator from Alexandria, Senator Ebbin .
Adam Ebbin
Thank you, Mr. President. I move that the Senate adopt the House substitute. This bill that passed unanimously provided for photo I .D.S for private security registrants, including private I 's and what the bill does is provide a delay further than what we had. It alliance with the fiscal year start -- aligns with the fiscal year starting July 1st, 2017. This allows time for the dmv's contractor to produce the template and also for the self funding. Again, I move we pass the House substitute.
Bill Howell
Thank you, Senator. The question is shall the Senate concur with the substitute. All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
Adam Ebbin
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The Senate concurs with the House substitute.
[Unknown]
Senate bill 479. Passed the House with a substitute.
[Unknown]
The Senator from Grayson County, Senator Carrico .
Bill Carrico
Thank you, Mr. President. I move the House substitute.
[Unknown]
Speaking to that, Senator ?
Bill Carrico
Speaking so that, this is a bill that basically allows retired law enforcement officers to be able to carry anywhere in the commonwealth, including those places that are subject to no weapon be allowed into, this is a group of individuals that are trained each year. They are retired after 15 years or more of service. They have to go through a qualification and they have to be able to show their proficiency and understand the liabilities. These are the officers that are qualified under the federal code to carry concealed anywhere from the united states, and the substitute basically just simply captures in the change in the names of the alcohol, abc agents that were changed last year. I hope it would be the pleasure of the Senate to adopt the House substitute.
Bill Howell
Thank you, Senator. The question is shall the Senate concur with the substitute. 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 40, nos 0.
[Unknown]
Ayes 40, nos 0. The Senate concurs with the House substitute.
[Unknown]
Senate bill 544, passed the House with a substitute.
[Unknown]
Senator from Lynchburg, Senator Newman .
Steve Newman
Mr. President, I move we one occur with the House substitute, but then ask that we vote against it. Mr. President, this substitute is on a bill that we discussed on this floor. Some of you like it, some of you did not, that allowed a judge or a justice, since the supreme court has been asked to be added to the bill, to have a concealed the way the House of delegates weapon. Is doing it is functionally different. It gets to the same end, but if we're going to line up the bills, no matter how you feel about the ultimate process, I think we should reject the amendment, Mr. President.
Bill Howell
Thank you, Senator. With the recommendation that it be rejected, the question is shall the substitute be concurred with. All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
Steve Newman
Ayes 1, nos 39.
[Unknown]
Ayes 1, nos 39. The Senate rejects the House substitute.
[Unknown]
Senate bill 549, passed the House with a substitute.
[Unknown]
The Senator from Rockingham, Senator Obenshain .
Mark Obenshain
Mr. President, I move that we accept the House substitute and speaking to that. This is the proffer bill and since this bill left this chamber and traveled across the Hall, some additional negotiations, some additional changes have been made largely in response to concerns that have been articulated by certain local governments, and I want to run through pretty quickly what some of those changes are. If you liked this before, you ought to still like it. Hopefully we've satisfied some of the concerns of some of those who represent localities that had some of the continuing concerns. One thing that was changed is the definition of recreational facilities has been -- well, public parks has been changed to include recreational facilities and playgrounds. That was a local government request. Also, in order to accommodate concerns that have been articulated by particularly Loudoun County and Fairfax County concerning planned development around metro areas, it adds a definition of small area comprehensive plans to accommodate those plans around the metro, planned metro development and revitalization zones serve by mass transit. Also, it allows a locality to base its public facility capacity on projected impact that specific -- are specifically attributable to the new residential development and this was a particular request for the benefit of my seat mate and a couple of others of Loudoun County that was added to this. Also, the availability of compensatory damages. Some people were concerned, some local governments were concerned that landowners, when filing private causes of action seeking not only approval of the zoning that May have been denied, but also seeking compensatory damages, that's been deleted. It's been stricken from the bill. And finally, the -- there are portions of the bill that were reworded to further accommodate the future metro stations and the anticipated high density revitalization zones. So with that, Mr. President, I would ask that the body accept the House substitute.
Bill Howell
Thank you, Senator. The question is shall the Senate concur with the substitute. 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.
Mark Obenshain
Ayes 33, nos 5, rule 36-2.
[Unknown]
Ayes 33, nos 5, rule 36-2. The Senate concurs with the House substitute.
[Unknown]
Senate bill 626. Passed the House with amendment.
[Unknown]
The Senator from Fauquier ,
[Unknown]
Thank you n president. Senator Vogel. I move the passage of the amendment and speaking to that.
[Unknown]
The Senator has the floor.
[Unknown]
Thank you, Mr. President. There bill had to do with -- this bill had to do with domestic violence and those who have sought -- been given a protective order and the grace period 45 days in which they can have an expedited process in which to get a concealed carry permit. The House made one technical change by taking out a reference to a code section and large string of code sections, so it makes no change to the bill in its substance and I move you accept the amendment. Thank you.
[Unknown]
The question is shall the Senate concur with the amendment. All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 34, nos 6.
[Unknown]
Ayes 34, nos 6. The Senate concurs with the House amendment.
[Unknown]
We're waiting House action on the remaining bills.
[Unknown]
Mr. President.
[Unknown]
The Senator from Augusta .
[Unknown]
Can we turn -- return to Page one to take up House bill 1331 that we passed by temporarily.
[Unknown]
Be sign, Senator. Return to Page one, House bill 1331. Senator Hanger, you have the floor.
[Unknown]
Thank you, Mr. President. This bill which codifies what we have in appropriations act to require employers to electronically file w-2s subject to waiver process is similar to a bill previously passed by the Senate on the Senator from Norfolk, so I would move that we insist on our substitute and request a committee of conference.
Bill Howell
Thank you, Senator. The question is shall the Senate insist on its substitute and request a committee conference. 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 40, nos 0.
[Unknown]
Ayes 40, nos 0. The motion is agreed to.
[Unknown]
Uncontested calendar, House bills on third reading.
[Unknown]
The Senator from James city county, Senator Norment .
Tommy Norment
Thank you, Mr. President. I move that all the House bills on the third reading on the uncontested calendar, including all House bills on Page 6 through Page 22, including House bill 52 through House bill 1341, be placed on their final passage in the block after the adoption of any amendments. Any Senator who desires to remove a House bill from the block will please do so after the clerk has read the number of that bill.
[Unknown]
Thank you, Senator. The question is shall House bills on the uncontested calendar, third reading, Page 6 through Page 22, House bill 52 through House bill 1341, be placed upon their final passage in the block after the adoption of any amendments thereto, with the understanding that any Senator desiring a bill removed from the block would do so after the clerk has read the number of the bill. All in favor of the motion will 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 bill.
Tommy Norment
House bill 52, reported from the committee on commerce and labor. House bill 95, reported from the committee on finance. House bill 111, reported from the committee on general laws and technology. House bill 123, reported from the committee on commerce and labor. House bill 124, reported from the committee on commerce and labor. House bill 125, reported from the committee on commerce and labor. House bill 127, reported from the committee on finance with a substitute.
[Unknown]
Senator from Augusta, Senator Hanger .
Emmett Hanger
Mr. President, move the committee substitute be adopted.
[Unknown]
The question is shall the committee substitute be agreed all in favor of the motion will to. Say aye. Those opposed, no. The ayes have it. The committee substitute is agreed to.
Emmett Hanger
Mr. President.
[Unknown]
The Senator from Roanoke County .
[Unknown]
Can House bill 127 come out of the block please.
Bill Howell
Without objection, House bill 127 will come out of the block.
[Unknown]
House bill 138, reported from the committee on finance. House bill 148, reported from the committee on finance with an amendment.
[Unknown]
Senator from Augusta, Senator Hanger .
Emmett Hanger
Mr. President, I move the committee amendment be agreed to.
[Unknown]
The question is shall the committee amendment be agreed to. All in favor of the motion will say aye. Those opposed, no. The ayes have it. The committee amendment is agreed to.
Emmett Hanger
House bill 185, reported from the committee on general laws and technology. House bill 210, reported from the committee on general laws and technology. House bill 234, reported from the committee on commerce and labor with amendment.
[Unknown]
The senior Senator from Virginia beach, Senator Wagner gla Mr. President, I police officer the committee amendment be grady to.
Frank Wagner
The question is shall the committee amendment be agreed to. All in favor of the motion will say aye. Those opposed, no. The ayes have it. The committee amendment is agreed to.
[Unknown]
House bill 283, reported from the committee on commerce and labor. House bill 324, reported from the committee on commerce and labor. House bill 378, reported from the committee on commerce and labor. House bill 398, reported from the committee on finance with amendments.
Frank Wagner
The Senator from Augusta, Senator Hanger .
Emmett Hanger
Mr. President, I move the committee amendments be grady to.
[Unknown]
The question is shall the committee amendments be agreed to. All in favor of the motion will say aye. Those opposed, no. The ayes have it. The committee amendments are agreed to.
Emmett Hanger
House bill 409, reported from the committee on finance. House bill 477, reported from the committee on finance. House bill 534, reported from the committee on general laws and technology. House bill 567, reported from the committee on general laws and technology. House bill 578, reported from the committee on general laws and technology with amendment.
[Unknown]
The srp from mecklenberg, Senator Ruff .
[Unknown]
Mr. President, I move the committee amendment.
[Unknown]
The question is shall the committee amendment be agreed to. All in favor of the motion will say aye. Those opposed, no. The ayes have it. The committee amendment is agreed to.
[Unknown]
House bill 644, reported from the committee on general laws and technology. House bill 684, reported from the committee on general laws and technology.
[Unknown]
Mr. President.
[Unknown]
The Senator from Franklin, Senator Stanley .
Bill Stanley
Thank you, Mr. President. Can hb 684 come out of the block please.
Bill Howell
Without objection, House bill 684 will come out of the block.
Bill Stanley
House bill 691, reported from the committee on commerce and labor. House bill 746, reported from the committee on general laws House bill 756, reported from and technology. The committee on commerce and labor. House bill 778, reported from the committee on general laws and technology. House bill 821, reported from the committee on general laws and technology. House bill 844, reported from the committee on commerce and labor. House bill 870, reported from the committee on commerce and labor. House bill 872, reported from the committee on finance. House bill 907, reported from the committee on general laws and technology. House bill 930, reported from the committee on general laws and technology. House bill 951, reported from the committee on finance. House bill 955, reported from the committee on commerce and labor. House bill 1051, reported from the committee on general laws and technology. House bill 1063, reported from the committee on finance with a substitute.
[Unknown]
The Senator from Augusta, Senator Hanger .
Emmett Hanger
Mr. President, I move the committee substitute be agreed to.
[Unknown]
The question is shall the committee substitute be agreed to. All in favor of the motion will say aye. Those opposed, no. The ayes have it. The committee substitute is agreed to.
Emmett Hanger
House bill 1064, reported from the committee on general laws and technology. House bill 1093, reported from the committee on finance with amendment.
[Unknown]
The Senator from Augusta .
[Unknown]
Mr. President, I move the committee amendment be agreed to.
[Unknown]
The question is shall the committee amendment be agreed to. All in favor of the motion will say aye. Those opposed, no. The ayes have it. The committee amendment is agreed to. The Senator from Spotsylvania .
[Unknown]
Mr. President, I don't want to slow the progress, but can I ask that hb 324 on Page 10, Page 10, hb 324 come out of the block, please.
Bill Howell
Without objection, House bill 324 will come out of the block.
[Unknown]
House bill 1122, reported from the committee on general laws and technology. House bill 1152, reported from the committee on finance. House bill 1175, reported from the committee on general laws and technology. House bill 1203, reported from the committee on finance with amendment.
[Unknown]
The srp from Augusta .
[Unknown]
Mr. President, I move the committee amendment be agreed to.
[Unknown]
The question is shall the committee amendment be agreed to. All in favor of the motion will say aye. Those opposed, no. The ayes have it. The committee amendment is agreed to.
[Unknown]
House bill 1209, reported from the committee on general laws and technology with a substitute.
[Unknown]
The Senator from mecklenberg, Senator Ruff .
Frank Ruff
Mr. President, I move that the substitute be agreed to.
[Unknown]
The question is shall the committee substitute be agreed to. All in favor of the motion will say aye. Those opposed, no. The ayes have it. The committee substitute is agreed to.
Frank Ruff
House bill 1224, reported from the committee on finance. House bill 1227, reported from the committee on commerce and labor. House bill 1261, reported from the committee on commerce and labor. House bill 1299, reported from the committee on general laws and technology. House bill 1341, reported from the committee on general laws and technology.
Bill Howell
Thank you, madam clerk. The question is shall the House bills pass en bloc. That is, all bills except for 127, 324, and 684. 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 40, nos 0.
[Unknown]
Ayes 40, nos 0. The bills in the block pass. Returning to Page 8, House bill 127. The Senator from Augusta, Senator Hanger .
Emmett Hanger
Thank you, Mr. President. I move that the bill pass and I 'd like to speak to that.
[Unknown]
The Senator has the floor.
Emmett Hanger
Thank you, Mr. President. Member of the Senate, House bill 127 clarifies the definition of killed in action for purposes of our tax codes and for exemptions from taxation. The committee substitute changes the bill to conform to the Senator from Chesapeake 's bill, I believe, that was previously passed. So I move the bill pass.
Bill Howell
Thank you, Senator. The question is shall House bill 127 pass. All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The bill passes. Moving forward to Page 10, House bill 324. The senior Senator from Virginia beach, Senator Wagner .
Frank Wagner
Thank you, Mr. President. House bill 24 deals with insurance rate increases and we have put policies in place to allow insurance rates, if they have -- if the premiums have to go up, to allow the insurors to step them up in sequence where maybe it should go up 120, but the first year is 110 and then 120. What the bill does, as it comes back down again, has the same kind of dekres. Instead of going from 120 to 100, it's 120, 110, 100. The bill has a delayed effective date until September 1st 2016, within with that explanation, I move the bill pass.
Bill Howell
Thank you, Senator. The question is shall House bill 3424 pass. All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
Frank Wagner
Ayes 37, nos 0. Rule 36-3.
[Unknown]
Ayes 37, nos 0, rule 36-3. The bill passes. Moving forward to Page 13, House bill 684. The Senator from mecklenberg, Senator Ruff .
Frank Ruff
Mr. President, would that bill go bye for the day, please.
Bill Howell
Without objection, House bill 684 will go bye for the day.
Frank Ruff
Regular calendar, House bills on third reading. House bill 628, a bill relating to sex offender and crimes against minors registry act, public dissemination. Reported from the committee for courts of justice.
[Unknown]
The senators from Rockingham, Senator Obenshain .
[Unknown]
Mr. President, I move the bill pass and speaking to the bill. Mr. President, you May recall this bill was heard yesterday and reconsidered. This is the sex offender registry bill. There was some question about whether this was inconsistent with the bill that was passed out that Senator Howell introduced. It is not inconsistent with it. You May not like it, but it is not inconsistent with it. What this sex offender registry bill provides is that the work address of a sex offender will go on the registry. The bill that passed through the Senate provided that the work address can go on the registry. It's simply prohibited the placement of the name of the place of work on the registry. This bill also provides that a college or university, as you May recall, we talked about community colleges yesterday, will go on the registry as well.
[Unknown]
Thank you, Senator. The Senator from Roanoke city, Senator Edwards .
John Edwards
Mr. President, just want to remind the body we did discuss this yesterday. The question, do we have fluff on the registry, do we need to add these additional items? My position is we don't need to add them. Thank you, Mr. President.
[Unknown]
Thank you, Senator. The Senator from Fairfax city, Senator Petersen .
Chap Petersen
Thank you, Mr. President. Rise for a motion.
[Unknown]
The Senator has the floor.
Chap Petersen
Mr. President, ladies and gentlemen of the Senate, I move we remit this bill to the courts of justice and carry it over to theary. Speaking to the motion, Mr. President.
[Unknown]
The Senator has the floor.
[Unknown]
Mr. President, ladies and gentlemen of the Senate, we spent a lot of time discussing this yesterday and I do think there are a lot of unintended consequences from passing there bill. I do think, frankly, it is inconsistent. I know that the gentleman from Rockingham and I, we see this differently, but the bottom line is we're trying to put these folks in a position where they can gain gainful employment and be educated once they come out of whatever detention facility they're in, so I think this needs more look, another look and I would, again, renew my motion under rule 20-g.
[Unknown]
The Senator from Rockingham, Senator Obenshain .
Mark Obenshain
Mr. President, speaking to the motion. I would ask the body to vote no on the motion to recommit. This bill was heard in committee. It was voted on in committee. You May not like it, but you know, that's what we're here for. To cast votes on bills up or down. And this is a bill that is in good form. If we need to take a look at the underlying policy behind the registry, you know, you might find some people over here on this side of the aisle who are going to be very representative to trying to -- receptive to trying to look at ways that we can structure the registry to avoid unintended consequences, but what we've got is a bill that is well conceived, that is consistent with the policy, that is aimed at protecting the people that the registry is intended to protect, and it's in good form on the floor. So I would ask the members of the body to vote no on the motion to recommit this bill to the committee on courts of justice.
[Unknown]
Thank you, Senator. The question is shall House bill 628 be recommitted to the committee for courts. All those in favor of the motion will say aye, those opposed no. The ayes have it. The bill is recommitted to the committee on courts. Seeing at least eight hands, there will be a recorded vote. The question is shall House bill 628 be recommitted to the committee on courts. 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.
Mark Obenshain
Ayes 20, nos 20.
[Unknown]
Ayes 20, nos 20. The chair votes for recommit the bill to courts of justice.
[Unknown]
House bill 18, a bill and carry over. Relating to the status of a franchisee and its employees as as employees --
[Unknown]
Mr. President.
[Unknown]
For what purpose does the Senator rise?
[Unknown]
Having someone else vote for me on the prevailing side k we reconsider that motion?
[Unknown]
Someone else voted?
[Unknown]
That will be fine, Senator .
[Unknown]
Thank you, I apologize. I directed someone.
Bill Howell
The question is shall the vote by which House bill 628 was recommitted to the committee on courts be reconsidered. All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The motion is agreed to. The Senator from Fairfax city, Senator Petersen .
Chap Petersen
Thank you, Mr. President. Just renew my motion under rule 20-g.
[Unknown]
Thank you, Senator. The question is shall --
Chap Petersen
The Senator from Rockingham .
[Unknown]
Mr. President.
[Unknown]
Mr. President, speaking to the motion, I just want to remind the body, members of the body over here, if you want to keep this on the floor and vote on it, vote red, vote no on the motion to recommit. Senator Stanley. [ laughter ]
[Unknown]
The question is shall House bill 628 be recommitted to the committee of courts. All those in favor of the motion will say aye, those opposed no. The chair is unsure of the numbers. There will be a recorded vote. All in favor of recommitting House bill 628 to the committee of courses 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 19, nos 21.
[Unknown]
Ayes 19, nos 21. The motion is not agreed to. The Senator from Rockingham .
Bill Howell
Mr. President, I renew my motion to pass the bill. Gla thank you, Senator. The question is shall House bill 628 pass. All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 21, nos 19.
[Unknown]
Ayes 21, nos 19. The bill is passed.
[Unknown]
House bill 18, a bill relating to the status of a franchisee and its employees as employees of the franchisor. Reported from the committee on commerce and labor. And there is a floor amendment.
[Unknown]
The senior Senator from Virginia beach, Senator Wagner .
Frank Wagner
Thank you, Mr. President. I would make a motion that the bill pass and speaking to that motion.
[Unknown]
Senator, we have a floor amendment.
Frank Wagner
Okay. You want to take up the floor amendment first.
[Unknown]
The Senator from eastern Fairfax County, Senator Surovell .
Scott Surovell
Thank you, Mr. President. I move to waive reading of the floor amendment.
[Unknown]
The question is shall the reading of the floor amendment be waived. All in favor of the motion will say aye. Those opposed, no. The ayes have it. The Senator from eastern Fairfax County .
Scott Surovell
Speaking to the amendment. This floor amendment is requested -- we had some lawyers look at this who had some concern that the scope of this bill might extend to altering the common law when it comes to vicarious liability, and this flar amendment, this makes it clear that the scope of this bill is only on the subject matter of the bill and it doesn't go party and alter Virginia 's common law when it comes to Virginia 's principal and agent liability. It's my understanding of the patron of the bill doesn't have an objection to it and I would move that we pass the floor amendment.
[Unknown]
Thank you, Senator. The question is shall the floor amendment be agreed to. All in favor --
[Unknown]
Mr. President.
[Unknown]
The senior Senator from Virginia beach.
[Unknown]
Mr. President, I would ask the gentleman if he would yield for a question.
[Unknown]
Would the Senator from eastern Fairfax County yield for a question?
[Unknown]
Happy to yield.
[Unknown]
He yields, Senator .
[Unknown]
Mr. President, my question would be, have you talked to pay tron of the -- the House patron of this bill and is he in agreement with this?
[Unknown]
The Senator from eastern Fairfax County .
Bill Howell
Mr. President, I would tell the gentleman that I have not spoken to him, but I believe the gentleman from Rockingham has spoken to him and that the patron is okay with it. That's my understanding.
[Unknown]
Mr. President --
[Unknown]
I would yield to the Senator from Rockingham .
[Unknown]
Mr. President, if the gentleman would yield, I did speak for the patron briefly before session today. I showed him the language of the floor amendment. He told me he didn't have any objection to it, but, of course, he reserves the right to look more closely as it makes its way down the Hall and in the event that he has a change of heart and realizes it does something more than the gentleman from whatever part of Fairfax intended, then they can reject the Senate amendment. And put it in comps.
[Unknown]
Thank you, Senator .
[Unknown]
Mr. President, I have no objection to the floor amendment.
[Unknown]
Thank you, Senator. The question is shall the floor amendment be agreed to. All those in favor of the motion will say aye, those opposed no. The ayes have it. The floor amendment is agreed to. The senior Senator from Virginia beach.
[Unknown]
And Mr. President, what the bill does is it makes it clear, it's just a clarifying amendment that makes it clear that a franchisee or its employee cannot be considered an employee of the franchisor, and even despite there's agreements between the franchisee and the Virginia department of labor. I move the bill pass.
[Unknown]
The Senator from Roanoke city, Senator edward nroop Mr. President, would the Senator from Norfolk yield for a question?
John Edwards
Would the senior Senator from Virginia beach --
[Unknown]
Senator from Virginia beach, wherever he's from. Mr. President, the Senator from Virginia beach. The senior Senator from Virginia beach, will he field for a question.
[Unknown]
I yields.
[Unknown]
I yield.
[Unknown]
Mr. President, what is the purpose of this bill? It says that notwithstanding any voluntary agreements between the department of labor and a franchisee. Neither the franchisee nor franchisee's employee shall be deemed to be an employee of the franchisee -- franchisor. For any purpose to which the section applies. What is the purpose of having a state law that overturns an agreement a voluntary agreement between the department of labor and a franchisee?
[Unknown]
The senior Senator .
[Unknown]
Mr. President, I would respond that I think it's just making clear, it's a definitive position in Virginia that a franchisee or his employee can't be considered an employee of the franchisor and I would imagine that would provide an additional layer of protection from the franchisor for actions or lack of action on behalf of the franchisee in accordance with the relationships with the employees.
[Unknown]
The Senator from Roanoke city.
[Unknown]
Mr. President, speaking to the bill.
[Unknown]
The Senator has the floor.
[Unknown]
If the franchisee has a voluntary agreement with the depend of labor, that's between them. I don't know why Virginia wantston get in the middle of this. -- wants to get in the middle of this. For the most part, my understanding is franchisees have their own employees and they would not be an employee of the employer ordinarily rng but one needs to look at the ram fixes of this and frankly -- ramifications of this and frankly, I can think of a number of possibilities that would suggest that under certain circumstances, the franchisee's employees could be considered for some purposes the employee. To bypass the franchisor, it -- to bind the franchise York it deny on the fact situation. I don't know why Virginia would want to overturn a voluntary agreement between the department of labor and franchise sees. I don't think it makes any sense that we get in the middle of we ought to leave it up to the this. Free enterprise system and the freedom of contract.
Bill Howell
The question is shall House bill 18 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, nos 12.
[Unknown]
Ayes 27, nos 12. The bill passes.
[Unknown]
House bill 44, a bill relating to workers' compensation, presumption, injuries in course of employment. Reported from the committee on commerce and labor.
[Unknown]
The senior Senator from Virginia beach, Senator Wagner .
Frank Wagner
Thank you, Mr. President. I move the House bill 44 pass and speaking to that bill.
[Unknown]
Flar floor.
Frank Wagner
Mr. President, ladies and gentlemen of the Senate, House bill 44 establishes a presumption in claims under Virginia 's workers' compensation act that an accident arose in the course of employment if, one, the employee dies while they're -- as evidenced that he never regain consciousness after the accident, or two, dies at the accident location or nearby, or three found dead where he's reasonably expected to be as an employee. There's a presumption will exist that the absence of a promise of evidence to the contrary, that the accident is in fact work related. With that explanation, I move the bill pass.
Bill Howell
Thank you, Senator. The question is shall House bill 44 pass. All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 39, nos 0.
[Unknown]
Ayes 39, nos 0. The bill passes.
[Unknown]
House bill 145, a bill relating to the Virginia public procurement act, public works contracts, prohibited terms. Reported from the committee on general laws and technology.
[Unknown]
The Senator from mecklenberg, Senator Ruff .
Frank Ruff
Thank you, Mr. President. I move the bill pass and steeging to that motion. This bill deals with public procurement act and the issue of prevailing wages. It prohibits state agencies from requiring bidders and contractors to pay prevailing wages and there is a corresponding prohibition for state agencies providing grants for public projects. Finally, it states a state policy not to adopt or implement any such prevailing wage policy.
[Unknown]
Thank you, Senator. The Senator from Arlington, Senator Favola .
Barbara Favola
Thank you, Mr. President. Speaking to the motion.
[Unknown]
The Senator has the floor.
Barbara Favola
Thank you, Mr. President. I would urge the ladies and gentlemen of the Senate to vote against this bill. There's not a problem here. So I don't understand why this bill came forward. Local jurisdictions enter contracts, they have various functions they have to perform. These contracts go out for bid. A business can decide whether or not they want to bid on the if local governments decides to contract. Put a requirement on a wage or minimum wage, if you will, local government is doing it for the purposes of ensuring they get quality and less turnover in the workforce. Local governments are spending taxpayer dollars. Their board much supervisors are elected directly by the people. Again, there's no problem here to be solved. I would ask the body to vote against this bill. Thank you.
[Unknown]
Thank you, Senator. The Senator from mecklenberg.
[Unknown]
The Virginia procurement policy should not get into a business of how a business operates their business. Again, move the bill be reported.
[Unknown]
Thank you, Senator. The question is shall House bill 145 pass. Yes, the senior Senator from Fairfax, Senator Saslaw .
Dick Saslaw
Mr. President, members of the Senate, one of the biggest bones of contention in here, and I suspect that drivers these bills that come in here every year is the so-called living wage if you contract with a local government. I think one of the first to get this was -- that started this was Charlottesville back in the '90s and Arlington, Fairfax and I think Alexandria have it for you. This is does not apply to the regular business sector. These are people -- this applies to people who are bidding on a contract with the government, and probably May guess would be main 99% of these people, the contracts are for the people that sweept floors and clean out the buildings. No one who's bidding on this is at a competitive disadvantage because they've all got to bid the same -- essentially, they all got to bid the same wage, okay? Nobody is at a competitive disadvantage and it doesn't apply to the everyday private sector. On top of that, all of these governments that I just named, the city council and boards of supervisors, have been through numerous elections and the people certainly have had a chance to toss them out if they didn't approve of something like this or they thought this was substantially running under the cost of government. We've seen fit time and time again to reject any raise in the minimum wage, which is $7.25 an hour. I don't see, quite frankly, what the bill deal is if local governments want to do this and it annual applies to these -- and it only applies to that's people bidding on those contracts with the local government. Again, for one who bids on these contracts, for one, is at a competitive disadvantage. So I would hope that, you know, we would stop this right here and now because, you know, I had a bill in and I got accused of meddling in local governments' affairs and that's exactly what we're going to do now.
[Unknown]
Thank you, Senator. The Senator from Prince William County, Senator McPike .
Jeremy McPike
Mr. President, I rise to speak against the bill.
[Unknown]
The Senator has the floor.
Jeremy McPike
I submit to folks who have been championing initiatives that go toward Virginia economic development to consider the ramifications of policies. There's several going through there body related to such. And I 've heard the argument and I 've heard it today that we don't want government dictating how our private businesses impact employers and employee wages when, in fact, in our budget today that will be debated as well as several other bills passing through there body, we're doing exactly that. In fact, for economic development purposes, it's one of our sole ways that this body can understand performance measures of this contract. I.E., many of the contracts for Newport News ship building, which is on the docket, whether it's I .T. Or grants essentially to bodies that have performance measures directly related to the prevailing wage of the area, so in fact we do and this body has several budget and bills that this body has passed this very year in direct conflict with this, and I ask the body to reject this measure.
Bill Howell
Thank you, Senator. The question is shall House bill 145 pass. All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 21, nos 19.
[Unknown]
Ayes 21, nos 19. The bill passes.
[Unknown]
House bill 264, a bill relating to prohibit certain local government practices that would require contractors to provide compensation or benefits beyond those required under state or federal law. Reported from the committee on general laws and technology.
[Unknown]
The Senator from mecklenberg, Senator Ruff .
Frank Ruff
Thank you, Mr. President. I move the bill pass and speaking to that motion.
[Unknown]
The Senator has the floor.
Frank Ruff
If you didn't like the last bill, you probably are not going to like this one. This bill deals with local government and essentially does the same thing as House bill 145, prohibiting local government from setting prices on projects executed after January 1st, 2017.
Bill Howell
Thank you, Senator. The question is shall House bill 264 pass. All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 21, nos 19.
[Unknown]
Ayes 21, nos 19. The bill passes.
[Unknown]
House bill 335, a bill relating to official emblems and designations, eastern garter snake. Reported from the committee on general laws and technology. And there is a -- there are two floor amendments.
[Unknown]
The senior Senator --
[Unknown]
Mr. President.
[Unknown]
Senator Black .
[Unknown]
Mr. President, I move that the reading of the amendment be waived.
[Unknown]
Thank you, Senator. The question is shall the reading of the floor amendments be waived. All those in favor of the motion will say aye, those opposed no. [ laughter ] the ayes have it. The reading -- [ vocal objection ]
[Unknown]
Show me some hands. The nos have it. The clerk will please read the floor amendment.
[Unknown]
House bill 335, amendment one of two. Floor amendment offered by Senator Black. Title amendment, yes. Page one. Line 5, after designations, strike eastern garter snake, insert timber rattlesnake. Amendment number two, Page one, line 47. After snake, strike the remainder of line 47, insert timber rattlesnake.
[Unknown]
The senior Senator from Loudoun, Senator Black, you have the floor.
Dick Black
Thank you, Mr. President. I move that the substitute be agreed to and speaking to the motion.
[Unknown]
The Senator has the floor.
Dick Black
Ladies and gentlemen, I think all of you came here today thinking the most important thing that you were going to deal with was the budget, but I 'm going to tell you that the budget only lasts for two years and the designation of the state reptile lasts forever. So with some trepidation, I stand today to offer an amendment here. You know, when you have some symbol of the state, it's something grand. You think of the american eagle, the power, the majesty, the aggressiveness of the eagle. This bill proposes that the reptile symbol of Virginia be the lowly and common garter snake. Now, let me describe for you the garter snake. The garter snake is small and it's very plain-looking. There's nothing tremendously special about its appearance. It's ordinary in every respect. It's a very fearful creature. When it confronted with danger, it immediately runs. It scrambles, runs for the -- it slithers, you prefer that, it slithers. The garter snake eats insects and worms. This is its diet. Now, it has a peculiar thing. There's a substance that it excretes when it's afraid and it smells something like a cross between a soiled diaper and a skunk. So the -- it's my position and I must tell you, if I don't stand up here and advocate for this, I will have all the herp toll gists in Virginia and north carolina coming after me slithering under my door. So in any event, the -- I see your look. The timber rattlesnake is a very majestic creature. It's quite beautiful. The pattern of it is lovely. It actually looks velvety, although not to the touch it isn't velvety, but it looks it. It's not fearful. It's very courageous. It doesn't ask for trouble, but when trouble comes its way, it's ready. And it's sort of in keeping with our state, our state motto, six sem per tiranis. It's bold and assertive and it's not like six semper garter snake. You know, you come after me, I run, I hide, and I soil you a little bit. [ laughter ] and I would remind the ladies and gentlemen that the -- probably the most popular special license plate in Virginia is the gadsden license plate and that has the symbol of the timber rattlesnake on it. And so I would urge you, ladies and gentlemen, to adopt this tremendous amendment and to put us on the right track. Put us where we have a symbol of Virginia that is appropriate to the majesty of the commonwealth. I move that the amendment pass.
[Unknown]
Mr. President, would the gentleman yield for a question.
[Unknown]
Would the Senator yield for a question?
[Unknown]
I yaeld.
[Unknown]
He yields, Senator .
[Unknown]
I wonder if the gentleman would explain to us his expertise in snake handling. I understand when he was a younger man, he was a snake handler.
[Unknown]
Senior Senator from Loudoun .
[Unknown]
I respond to the gentleman by saying that I am the only person in Virginia who has a license to possess reptiles in florida which requires 1,000 hours of handling poisonous reptiles.
[Unknown]
I thank the gentleman.
[Unknown]
Thank you, Senator. The Senator from Buckingham, Senator Garrett .
Tom Garrett
Mr. President, speaking to this bill.
[Unknown]
The Senator has the floor.
Tom Garrett
Mr. President, I was fortunate enough to be a member of the committee before this bill came over from the House and I saw this bill and I immediately coiled into the position of y May colleague from Loudoun, Senator Black. There was no doubt in my mind that the state reptile of a great commonwealth such as this one should be the powerful and fearsome timber rattle snake, and so I informed the House patron that it was my intent to co-opt this bill and make sure that something as intimidating and powerful as the timber rattlesnake would be the state reptile. Mr. President, at that point she informed me that the process was as follows. There was a 11-year-old boy named aiden from Williamsburg, James city county area, ha at summer camp this year was inspired by science classes and his interaction with gar ter snakes. He learn the story of the box turtle that was previously submitted to be the state reptile and was turned out by this body because not only does it say in it's latin name once, but twice. We just couldn't have that ation the state reptile. I leaned upon the Delegate and said yes, but, we need something powerful, something glorious and befitting the great commonwealth of Virginia. She said we naed the state rattlesnake. She said, tom, you're going to nash this 11ory's hopes and dreams. I said I simply wish to have the opportunity to speak to young aiden and make my pitch on why we should have, not the garter snake, but the timber rattle make. And so, Mr. President, the Delegate was kind enough to give me the child's number after I promise not to make him cry and last Saturday I got on the phone with young aiden and I said aiden, this is tom Garrett from the Virginia Senate. And the decision that we embark upon today is a very important one because this reptile will be our reptile forever. And Mr. President, I proceeded to engage aiden in my best persuasive arguments and debate techniques, candidly after five minutes, Mr. President, the 11-year-old from Williamsburg, James city county had thoroughly flummoxed and smoked me. Mr. President, I said to aiden it should be the timber rattle snake and he asked me the following. T did you know, Senator Garrett that, the cardinal is the state bird of west Virginia ? I said I didn't know that. He said did you also know that the timber rattle snake is the state reptile of west Virginia ? I said I did not know that. He said Senator Garrett, just how much like west Virginia do you want us to be? I said aiden, I have no response to that, but what bothers me about the garter snake is it's kind of a timid snake. It's not cool and powerful and we talked about the revolutionary war and I said I 'm afraid some of those can clowns from maryland will pick on us. He said Senator Garrett, let's hold on here just a second. There will be no bullying. If anybody from maryland wants to make sun of us, you send them to me. So after being thoroughly defeated in a five-minute phone debate with a 11-year-old from Williamsburg, I promised aiden that I would do everything I could to shepherd his choice of the garter snake through this chamber, so while I would tend to agree with Senator Black that a powerful and glorious specimen such as a timber rattlesnake might be more befitting Virginia, on May honor, I must keep my word to aiden and ask that we pass this bill in its current form. Thank you.
[Unknown]
Thank you rng Senator. The Senator from Stafford, Senator Stuart .
Richard Stuart
Thank you, Mr. President. Speaking to the motion.
[Unknown]
The Senator has the floor.
Richard Stuart
Mr. President, the last thing I want to do is talk about a snake after my discussion about chicken parts and bear gallbladders the other day, but let me just tell you this, if it isn't enough reason to defeat this motion that a 11-year-old out-debated the Senator from Buckingham, that young man did the same thing to the Senator from Fairfax city in the committee. Now, the Senator from Fairfax city is a formidable lawyer and I have seen him go after some folks and question them thoroughly and diligently. He asked this young man one question. That young man shut him down and he was speechless. I'm hoping he will run for the science, Mr. President, and I hope -- run for the Senate, Mr. President, and I hope we defeat this amendment.
[Unknown]
Thank you, Senator. The senior Senator from Henrico, Senator McEachin .
Don McEachin
Would the senior Senator from Loudoun yield for a question?
[Unknown]
The senior Senator from Loudoun yield for a question?
Don McEachin
I yield.
[Unknown]
He yields, Senator .
[Unknown]
Mr. President, I have to ask the senior Senator from Loudoun if he's trying to interject partisan politics into our code and what I mean by that is this rattlesnake that he speaks of, does it look like the snake on the tea party label?
[Unknown]
The senior Senator from Loudoun .
[Unknown]
I would respond to the gentleman that indeed, he has me there. It actually is the symbol of the tea party, but that's not the reason that I am proposing it. Tea parties will come and go, but the reptile will be here long after the tea party is gone.
[Unknown]
Speaking to the motion, Mr. President.
[Unknown]
The Senator has the floor.
[Unknown]
This May never happen again, but I 'm going to agree with the Senator from louise is a --
[Unknown]
Buckingham.
[Unknown]
Excuse me, Buckingham. The Senator from Buckingham and let's go with the 11-year-old.
[Unknown]
The question is shall the floor amendments be agreed to. All those in favor of the motion will say aye, those opposed no. The garter snake wins. The floor amendments are not agreed to. The Senator from mecklenberg, Senator Ruff .
Frank Ruff
Thank you, Mr. President. I move the bill pass. It's been completely discussed in conversation, I think we ought to move forward.
Bill Howell
Thank you, Senator. The question is shall House bill 335 pass. All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
Frank Ruff
Ayes 33, nos 6, rule 36-1.
[Unknown]
Ayes 33, nos 6, rule 36-1. The bill passes.
[Unknown]
House bill 444, a bill relating to electric utilities, notice of renewable power options. Reported from the committee on commerce and labor.
[Unknown]
The senior Senator from Virginia beach, Senator Wagner .
Frank Wagner
Thank you, Mr. President. This has nothing to do with snakes and I move that we pass House bill 444 and speaking to that motion.
[Unknown]
The Senator has the floor.
Frank Wagner
Mr. President, this identical to a bill we passed that deals with how utilities will notify their customers with regards to their renewable power options. I renew the motion.
Bill Howell
The question is shall House bill 444 pass. All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The bill passes.
[Unknown]
House bill 611, a bill relating to the regulation of water and sewer utilities. Reported from the committee on commerce and labor.
[Unknown]
The senior Senator from Virginia beach.
[Unknown]
Thank you.
[Unknown]
Mr. President. House bill 611 makes the water and sewer companies subject to the rules of the state corporation commission regarding its meetings and communications between sec commissioners and any party or between commissioners and the public. It also deals with how the public is to be notified with regards to rate increases and with that explanation, I move the bill pass.
[Unknown]
Thank you, Senator. The question is shall House bill 611 pass. All in favor of the motion will record their votes aye, those are the senators ready to vote? Opposed no. Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The bill passes.
[Unknown]
House bill 773, a bill relating to the government nondiscrimination act, creation. Reported from the committee on general laws and technology with a substitute.
[Unknown]
The Senator from mecklenberg, Senator Ruff .
Frank Ruff
Thank you, Mr. President. I move the committee substitute be adopted.
[Unknown]
The question is shall the committee substitute be agreed to. All in favor of the motion will say aye. Those opposed, no. The ayes have it. The committee substitute is agreed to. The Senator from manager.
Frank Ruff
Thank you, Mr. President. I move the bill pass and speaking to that motion.
[Unknown]
The Senator has the floor.
[Unknown]
As this bill passed the committee, it was amended to be identical to Senate bill 41. It deals with the position to protect the right to not solemnize any marriages on the grounds of one's rjz beliefs. If you bloefd Senate bill 41, I advise you oppose this one.
[Unknown]
The Senator from Alexandria, Senator Ebbin .
Adam Ebbin
Speaking to the bill.
[Unknown]
The Senator has the floor.
Adam Ebbin
Mr. President, members of the Senate, we discussed this bill before or a similar bill. I would like to clarify what the bill actually does. I agree the commonwealth May not force clergy to perform weddings with which they have religious objection, but this bill goes beyond that and I 'd encourage someone on the other side of the aisle to pick up the code book and turn to 20-13. The bill says that it permits any person authorized under chapter 2-20-13 to refuse to solemnize a marriage if the action could cause the individual to violate a sincerely held religious belief. I want to be very clear who applies to. It does not only apply to 20-13. 20-13 only says that every marriage in the commonwealth shall be under a license and so many lemized in the manner provided herein, and the 17 lawyers in this body would know that et seq. Is latin for insequence or and the following, indicating the desired information is continue in the following sections. If you turn to section 20-14 to 20-22, it refers to marriage licenses and certificates, and 20-23 is what I think the authors of this type of legislation were getting to, that ordained ministers and pastors, but it would also include 20-25 that says that persons other than ministers who May perform rights include jesus and justices and those authorized by circuit judge. And localities, judging by the web or calls to my office this morning, often have several people who are specifically authorized and whose information is provided by the circuit county clerk. That's people would be licensed to discriminate too, so it could be -- it would be possible that in some localities, that those who want to be lawfully married under this bill could be denied, turned away by actors of the state, not just religious people. Not just religious owe fishants. And it would give broad license to discriminate and it's not declare rarve as the bill says and it's not constitutional. I hope you will reconsider and vote no.
[Unknown]
Mr. President.
[Unknown]
The Senator from Grayson .
[Unknown]
Speaking to the bill.
[Unknown]
The Senator has the floor.
[Unknown]
I would disagree with the gentleman from Arlington. The bill does have 20-13 which takes in a wide variety, but if you look on line -- if I can see this -- line 14, it says while acting in the scope of his employment or clergy member or minister, and shall be required to provide those services, accommodations, facilities, goods, or privileges for the purposes of relating to solemnizing marriages. This is designed to protect the religious freedoms personally held by individuals and clergies and organizations of that type faith. I don't know that we can go and specify an individual's religious organization in the code and I believe our constitution in Virginia has spelled it out that we want protect that. This is another step in ensuring the fact that these organizations and these individuals who perform these marriages are not required to violate that personal held religious belief in order to be able to perform that's marriages. And I hope it would be the pleasure of the body to support the bill.
[Unknown]
Thank you, Senator. The Senator from Roanoke city, Senator Edwards .
John Edwards
Mr. President, I rise to oppose the bill. The bill on line 23 says the provisions of this act are declaratory of existing law. Mr. President, that's not true. That's not true if you have paid attention to the kentucky clerk of court who the judge ordered to perform a certain marriage, that the clerk says she refused to perform based on her religious beliefs. Mr. President, two kinds of marriages in Virginia, bafem the civil marriage and then there's the religious marriage. Now, the first amendment protects the right of religious people to marry as they please, to discriminate based on their sincerely held religious beliefs. That's the first amendment. Right of free expression of religion. That same right doesn't apply to a civil servant, Mr. President. The civil servant is authorized to follow the constitution of the united states and the supreme court was very clear last summer in the decision in June about the issue of marriage. A lot of people don't agree with it, that's fine, but that is now the law of the land according to the u.S. Supreme court. And anyone who is authorized in a civil service to perform a marriage cannot violate the united states constitution and that's what this would basically allow a person to do. It says no person, authorized to perform a marriage ceremony, and goes on to say, shall be required to provide services if the action would cause the individual or organization to violate its sincerely held religious beliefs. You don't have to become a marriage celebrant. You don't have to run for public office. You don't have to be a civil servant, but if you're going to perform a civil ceremony, Mr. President, you're authorized by the state to perform the civil ceremony and the state must follow the u.S. Constitution. Wove had -- we know about the -- we know about the loving versus Virginia case in 1967, I believe it was where the u.S. Supreme court overturn the Virginia sprour on the question of marriage -- supreme court on the question of marriage, the whole issue of laws in Virginia and the u.S. Supreme court said yes, men and women of the different races can mary in Virginia and the list goes on and on about how -- what kinds of discrimination are unlawful. And Mr. President, in this case, this would purport to say no one who is performing a civil ceremony is required to perform a civil religious ceremony if it would violate their own civil -- sincerely held religious beliefs, plan president, we've seen the kentucky case. This tries to mimic that and I would ask the body, I hope it is the pleasure of the body defeat this law. It is not declaratory of existing law, and I hope it would not go this route. Thank you, Mr. President.
[Unknown]
Mr. President.
John Edwards
Did you want to speak to this?
[Unknown]
I'd like on ask him a question if he'd yield.
[Unknown]
Other senators are waiting to speak.
[Unknown]
Okay.
[Unknown]
Thank you, Senator. The Senator from Alexandria .
[Unknown]
Thank you, Mr. President. I don't want to belabor, this but I just want to make the point that words matter and the words in the bill matter and the words in the code matter. If you look at lines 11 and 12, it says no person authorized to perform a marriage ceremony pursuant to chapter 2.20-13, and what I would call and so on, et seq. Of title 20 shall be required to solemnize any marriage and then it says, and, so it's referring to the person and then it says and, and furs under the and underline 13rk it says individual employed by religious organization while acting in the scope of its employment and it goes on to say, shall not be required to do x, y and z the action for cause the individual to violate a sincerely held religious belief. Are the part after "and" refers to accommodation. The first part says for person authorized to perform a marriage ceremony and it doesn't receiver merely to chapter 20-23, which is the part you would have to put in if you wanted ministers and pastors, but it doesn't limit itself to that. It doesn't use that specific reference. It really does refer to more people, marriage celebrants and the gentleman from Grayson referenced the constitution and I would just say that he is absolutely right. Article 16 of the Virginia constitution already says that you're entitled to free exercise of religion, not compelled to frequent or support religious worship and it says all men shall be free to profess and by argument maintain their opinions in matters of religion, but then it closes by saying, and the same shall not diminish or the same shall not -- the same in no Wise shall diminish, enlarge or affect a civil capacity. My argument is are we talking about civil, religious or both. This bill talks about both, it goes way to far and I hope you vote no.
[Unknown]
The Senator from Grayson, Senator Carrico .
Bill Carrico
Would the Senator from Roanoke yaeld for a question.
[Unknown]
I'll be glad to yaeld. I appreciate the attorney and his background and hearing his plantion of being a civil servant and having to perform this job, would the gentleman not agree that by the state requiring, under this section of the code, for license -- for ministers to have to be licensed to perform this marriage ceremony, that you're violating that minister's religious are you not constitutionally beliefs? Prohibiting him from not being able to do what he pleefrs in?
Bill Carrico
The Senator from Roanoke city.
[Unknown]
Mr. President, I respond to that, I thought I did earlier, that a minister of a church is not -- has free -- has the right to freely express his religion or her religion, and if that religion does not authorize certain types of marriages, that -- there's nothing that would require a minister, clergyman, to violate his or her sincerely held religious beliefs. That is different than a non-religious person who's authorized by the state to perform ceremonies, religious ceremonies, and that person doing a civil ceremony, a civil marriage ceremony, is required to follow the u.S. Constitution. And there's a difference. So that person is -- if n a clergyman, that's one thing. If they're not a clergyman and they're just simply authorized by the state to act as the state in solemnizing marriage ceremonies, then that's in a different situation. I think the u.S. -- the kentucky example is rate on point.
[Unknown]
Mr. President, would the gentleman yaeld for another question?
[Unknown]
He yields, Senator .
[Unknown]
I'll be glad to.
[Unknown]
The way I understand the gentleman's answer, if I get it right, even though through this section we require individuals to be licensed to perform marriage ceremonies, because of that deeply held religious belief of a pastor, he can choose not to marry. But yet, we're telling -- you're telling me I can't have a deeply held religious belief, you're telling a judge he can't have a deeply held religious belief. How does that differ?
[Unknown]
The Senator from Roanoke city.
[Unknown]
Just because you're in a civil servant standing.
[Unknown]
Mr. President, I would be happy to answer the question. Mr. President, when a pastor or minister carries out a religious ceremony, he's expressing his religious beliefs. A religious marriage ceremony is a religious act, an expression of his religion and nobody could tell him not to express his religion belief. If I 's acting not as -- he's acting not as a religious official, but rather a civil servant or an individual carrying out a civil marriage ceremony and not religious ceremonies, then the same protections by the first amendment don't apply because he's not expressing his religious beliefs. That's the difference.
[Unknown]
Mr. President, one final question.
[Unknown]
One additional question.
[Unknown]
If I 'm understanding the gentleman correctly, he's carrying out -- and I believe I recall him saying marriage is a religious act. And that religious act, because it's a deep held conviction of that individual, he then must be disagree with the opinion of the circuit -- or the supreme court because the supreme court didn't look at it in that sense and how is he distinguishing between all those other individuals and we as a state are requiring these ministers to be licensed, so we are violating their religious belief.
[Unknown]
Mr. President.
[Unknown]
The Senator from Roanoke
[Unknown]
Again, I thought it made it city. Clear. If you're acting on behalf of your church, you're acting, carrying out a religious ceremony, you have the right of free expression of your religion. In the case of a civil ceremony that's not carried out as a religious ceremony and the person doesn't have to do it, first of all, but you cannot say I will carry out a civil marriage ceremony, not a religious ceremony, you're not expressing your religious beliefs. You have a duty to follow the law. Otherwise, it's like the clerk of court down in kentucky who was orred by the judge to issue those licenses.
[Unknown]
Thank you, Mr. President.
[Unknown]
Thank you, Senator. The Senator from Buckingham, Senator Garrett .
Tom Garrett
Mr. President, I didn't intend to rise to speak to this bill. Somewhere in america, however, there's a constitutional scholar rolling around on the floor beating himself about the Head and shoulders. Because I think what I 've heard is an argument -- I 'm sorry, pardon me. I think what I 've heard as argument that says if the constitution propects the right of clergy members different than the protects the right much non-clergy members. I've never heard that idea advanced before in my life. If you'd like some light reading, maybe check out fifth amendment and 14th amendment, equal protection, and then look for the part in the constitution where it says those concepts are applied differently based on your profession or training or the context of what you're doing because they're not. And that's the argument being made here. In fact, again, with all due respect, I think some of the arguments we heard actually makes the case for the law. Literally makes the case for the law. The constitution doesn't different yeptate whether you're farmer or a weaver or a brick layer or a cake maker or a pastor as it relates to equal protection or due process or the establishment clause which frees congress, a legislative body shall make no laws establishing religion more prohibiting the free practice thereof. That I just heard an intelligent, articulate person suggest that there's a different constitutional protection for one member of american society than for another is beyond my belief and it just makes it that much more sense that if there are people who sincerely believe that, we need to pass this law. Thank you.
[Unknown]
Thank you, Senator. The senior Senator from Henrico, Senator McEachin .
Don McEachin
I agree that there is a constitutional scholar beating his Head, but not for the reason that the Senator suggestion. The other side of the aisle has done a masterful job making people believe this bill is all about marriage. This bill is not all about marriage because everybody in this chamber believes that no one should force anyone to marry a couple that they don't feel like they ought to marry, but what the constitutional scholar is beating themselves about the Head about is that "or" clause that talks about facilities, accommodations, put in legal par lance, interstate commerce, and what we are preparing to do, if the vote is the same as it was before, we're preparing to say forget interstate commerce clause, we're going to allow people to discriminate because we're going to allow them not to open up facilities or accommodations. Read hotels or restaurants or things of that nature. We're going to prohibit that or allow that to be the subject of scrim ma toer conduct by this legislation. Oh, yes, it will be overturned, but first of all, it will never be signed into law, so you can hide behind that vote. You can throw out your green vote, forget you went to law school, forget all the stuff you learned about the interstate commerce clause because the gentleman in the third floor will save you and veto this bill and we will sustain that vee, but even if that were not to have happened, it will surely be overturned under interstate commerce clause law. Yes, Mr. President, there is a constitutional scholar beating himself about the Head, but it's not for the reasons that the Senator from Buckingham suggests. It's for reasons that we're fixing to violate interstate commerce clause.
[Unknown]
Thank you, Senator. The senior Senator from Fairfax, Senator Saslaw .
Dick Saslaw
Mr. President, this bill essentially isn't worth the paper it's written on. Everybody in here knows it. Number one, the people who -- the clergy are already protected. Now, that's not even an issue. I'll just tell you this. I'd hate to be the government employee last been marrying people and then all of a sudden says no, what happened to kim Davis, now that the situation we have now in this country, what happened to kim Davis is going to be a walk in the park. He's going to get slapped in jail and that local government that employed him and writing his paycheck, they're going to get hit probably with a pretty severe fine and if you don't think the federal government can collect it, they can and this is how. They whole your highway money, okay? -- withhold your highway money. Okay? All we're doing is setting up some poor sap who's going to believe what he reads in this bill ever became law, which it won't. We're setting them up to wind up just the same way kim Davis did and that's behind bars where they belong.
[Unknown]
Thank you, Senator. The Senator from Spotsylvania, Senator Reeves .
Bryce Reeves
Thank you, Mr. President. I know there are some more -- I would call the question.
[Unknown]
The penning question, Senator ?
Bryce Reeves
Call the pending question, Mr. President.
Bill Howell
The motion on the floor is to call the pending question. Record their votes aye, those are the senators ready to vote? Opposed no. Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 34, nos 6.
[Unknown]
Ayes 34, nos 6, the motion is agreed to. The Senator from mecklenberg.
[Unknown]
Mr. President, I renew my motion for the bill to pass.
Bill Howell
The question is shall House bill 773 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 21, nos 19.
[Unknown]
Ayes 21, nos 19. The bill passes. [ captioning will resume shortly ]
[Unknown]
House bill 874. A bill relating to dit unions voluntary.
[Unknown]
The question is shall the committee amendment be agreed to. All in favor say aye. Those opposed, no. The ayes have it,.
[Unknown]
The committee amendment is agreed to. The senior Senator .
[Unknown]
With the adoption of the committee amendment it allows for the merger of credit unions the credit union size. The requirement is that they only be state chartered credit unions with a membership of 35,000 or less and with that I would move that we pass the bill.
Bill Howell
Thank you, Senator. The question is shall House bill 874 pass. All in favor of the motion wills aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 39, nos 1.
[Unknown]
Ayes 39, nos 1,.
[Unknown]
The bill passes.
[Unknown]
House bill 918. A bill relating to limited liability companies record keeping. Reported from the committee on commerce and labor.
[Unknown]
The senior Senator from Virginia beach, Senator Wagner .
Frank Wagner
House bill 918 allows to provide access it the limited liability records via electronically. Currently a limited liability company is required to keep those records at its principal office. This is a way for the members to have easier access to the information I move the bill records and with that pass.
Bill Howell
The question is shall House bill 918 pass. All in favor of the motion wille s aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Ange do any senators desire to ch their vote? The clerk will close the roll.
Frank Wagner
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The bill passes.
[Unknown]
House bill 944. A about I will to address local ordinances concern, the installation of landscape cover materials until regulations have been approved as part of the statewide fire prevention code. Reported fromthe committee on general laws and technology.
[Unknown]
The Senator from Mecklenburg, Senator Ruff .
Frank Ruff
I move the bill pass and speaking to the motion.
[Unknown]
The Senator has the floor.
Frank Ruff
Shall nod include in any fire prevention regulations a requirement that an other than of real property with an occupancy permit issued use specific landscape material or retrofit existing landscape materials.
Bill Howell
The question is shall House bill 944 pass. All in favor of the motion wille s aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 33, nos 5.
[Unknown]
Ayes 33, nos 5. The bill passs.
[Unknown]
House bill -9d 68. A bill relating to license mortgage lenders and brokers posting licenses. Reported from the committee on commerce and labor.
[Unknown]
The senior Senator from Virginia beach. [no audio]
[Unknown]
Thank you, Mr. President. House bill 968 eliminates the requirement that a mortgage lender or mortgage company post their license at their office or each of their office locations. However, it does require that such a license display proof of license on display and also provides that they website where they can go to confirm that the license in fact issued. This is due to the fact that there are multiple offices and ease and also still allows the consumer or the borrower to know that the individual is licensed and have easy access. With that explanation I move the bill pass.
Bill Howell
Thank you, Senator. The question is shall House bill 968 pass. All in favor of the motion wille opposed no. S 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 39, nos 1.
[Unknown]
Ayes 39, nos 1. The bill passes.
[Unknown]
House bill 1011. A bill relating to reno inspection plow grams exemption are erreported for the committee on general laws and technology.
[Unknown]
The Senator from Mecklenburg, Senator Ruff .
Frank Ruff
I move the bill pass and speaking to that motion.
[Unknown]
The Senator has the floor.
Frank Ruff
The bill authorizes a locality to exempt residential rental unit subject to rental inspection ordinance if it is managed by a real estate firm, a property manager, or owner of a publicly traded entity that manages its own residential multifamily units or any owner or manager who is determined by the local governing body to achieve a satisfactory designation as a property manager.
Bill Howell
Thank you. The question is shall House bill 2011 pass. All in favor of the motion wills aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange the clerk will close the roll. Their vote?
[Unknown]
Ayes 37, ayes 3.
[Unknown]
Ayes 37, nos 3. The bill.
[Unknown]
Mr. President.
[Unknown]
Senator Edwards .
[Unknown]
Having voted on the prevailing side on House bill 944, can we reconsider the vote by which that bill passed?
Bill Howell
Thank you, Senator. The question is shall the vote by which House bill 944 passed be reconsidered. All in favor of the motion will. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 39, ayes 1.
[Unknown]
Ayes 39, nos 1. The motion is agreed to.
[Unknown]
Mr. President, can that go bye for the day.
[Unknown]
With that objection, House bill 944 will go bye for the day. Uncontested calendar House bills on second reading.
[Unknown]
The Senator from James city .
[Unknown]
Mr. President, I respectfully move that all of the House bills on the second reading on both the uncontested calendar and regular calendar including all House bills on pages 27-37 including House bill 14 through.
[Unknown]
Bill: 1387 that the rules of the Senate be suspended and the second constitutional reading of the titles be dispensed with.
Bill Howell
The question is shall rules be suspended in the second reading of the House bills on uncontested and regulars pages 27-47 House bill 13 through House bill 1387 be dispensed all in favor of the motion will. With. 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 reading of the titles is dispensed with. The Senator from James city county.
[Unknown]
I would now move that all of the bills be passed bye for the day sir.
[Unknown]
The question is shall the House bills on the uncontested and regular cal len dears now on third reading go bye for the day. All in favor say aye. Those opposed, no. The ayes have it. The bills will go bye for the day.
[Unknown]
Uncontested calendar Senate bills on second reading.
[Unknown]
The Senator from James city county, Senator Norment .
Tommy Norment
Mr. President, I would move that House bill 29 and House bill 30 be passed by temporarily in the block.
[Unknown]
Thank you, Senator. With that objection, Senate bill 29 and Senate bill 30 will go bye temporarily.
Tommy Norment
Regular calendar. House joint resolution 210 election of a supreme court of Virginia justice.
[Unknown]
The Senator from Rockingham, Senator Obenshain .
Mark Obenshain
Mr. President, could that go bye for the day.
[Unknown]
With that objection, h.J.R. 210 will go bye for the day.
Mark Obenshain
Senate joint resolution 157. Confirming appointments by the governor of certain persons communicated January 26, 2016. Senate joint resolution 158 confirming appointments by the governor of certain persons communicated February 29, to 16. Memorial resolutions.
[Unknown]
The Senator from James cit y county, Senator Norment .
Tommy Norment
I would now move that all of the memorial resolutions on pages 39 through 41 including House joint resolution 17 through Senate resolution number 54 be agreed to in the block and the usual manner waiving the reading of the resolutions with the understanding that any Senator who desires to remove a memorial resolution from the block please do so after the clerk has read the title of the resolution.
[Unknown]
The question is shall the memorial resolutions onle pages 39-41 h.J.R. 17 through s.R. 54 be considered in the block in the usual manner, waiving the reading with the understanding that any Senator desiring a resolution removed from the block would do so after the clerk has read the title of the resolution. All in favor say aye. Those opposed, no. The ayes have it. The motion is agreed to. The resolutions are before us in the block. The clerk will please read the titles of the memorial
Tommy Norment
House joint resolution 17. Resolutions. Commemorating the life and legacy of earl Davis gregory. House joint resolution 302. Celebrating the life yale j. Wild.
[Unknown]
Sell bracelet the life of first lieutenant michael thomas ziegler, united states army. House joint resolution 311, celebrating the life of wayne ray gandym.D. House joint resolution 313 celebrating the life of louis wendall Hodges. Celebrating the life of frank a. Parsons. 160, celebrating the life of peggy ann wells. Senate joint resolution 162, celebrating the life of darwin e. Rogers. I Senate joint resolution 161 celebrating the life of samuel earl newson. Senate joint resolution 166 celebrating the life of sherri moyerp. Brooks.
[Unknown]
Senate joint resolution 168 celebrating the life of edward e brickel jr. Senate joint resolution 169, celebrating the life of dana mcleod. Senate joint resolution 17 about, celebrating the life of James phillip riddel. Senate joint resolution 175, celebrating the life of laidia marie kiser. Senate resolution 53, celebrating the life of elizabeth hill brauer. Senate resealings 54 celebrating the life of lieutenant colonel arthur korff.
[Unknown]
All those in favor of agreeing to the memorial resolutions will please rise. [gavel pounding]
[Unknown]
The resolutions agreed to.
[Unknown]
Mending resolutions the Senator from James city county, Senator Norment .
Tommy Norment
Mr. President, I would move that the commenting resolutions on pages 41-45 of the calendar including House joint resolution 281 through Senate resolution number 5 be agreed to in the block by a voice vote waiving the reading of the resolution with the understanding that any Senator who desires to remove a commending resolution from the block please do so after the clerk has read the number of the resolution.
[Unknown]
The question is shall the commending resolutions on pages 41-45 h.J.R. 281 through s.R. 55 be considered in the block by voice vote, waiving the reading of the resolutions with the understanding that any Senator desiring a resolution removed from the block would do so after the clerk has read the number the resolution. All in favor say aye. Those opposed, no. The ayes have it. The motion is agreed to. The resolutions are before us in the block. The clerk will please read the numbers of the resolutions.
Tommy Norment
House joint resolutions 281. 286. 287. 288. 289. 290. 291. 292. 293. 294. 295.
[Unknown]
Mr. President,.
[Unknown]
296.
[Unknown]
The Senator from Chesapeake, Senator Cosgrove .
John Cosgrove
Can h.J.R. Come out of the block and bye for the day,
[Unknown]
With that objection, h.J.R. Please. 295 will come out of the block and go bye for the day.
John Cosgrove
Mr. President,.
[Unknown]
The senior Senator from Loudoun .
[Unknown]
Could h.J.R. 296 come out of the block?
[Unknown]
And bye for the day, Senator ?
[Unknown]
Just out of the block.
[Unknown]
Thank you, Senator .
[Unknown]
With that objection, h.J.R. 296 will come out of the block.
[Unknown]
297. 298. 299. 300. 301. 303. 304. About 05. 306. 308. 309. 310. About 12. 316. Senate joint resolutions 159. 161. 164. 167. 170. 171. 172, 174, Senate resolutions 51 and 55.
[Unknown]
Thank you, madam clerk. The question is shall the resolutions be agreed to.
[Unknown]
Mr. President,.
[Unknown]
The Senator from Chesterfield, Senator Chase .
Amanda Chase
Could h.J.R. 303 please go bye for the day out of the block. And go bye for the day.
[Unknown]
With that objection, h.J.R. 303 will come out of the block and bye for the day. The question is shall the resolutions be agreed to with exception of h.J.R. It 95, 29 and 30 about. All in favor say aye. Those opposed, no. Is the ayes have it. The resolutions are agreed to. Returning to Page 42. H.J.R. 296. The senior Senator from Loudoun. Senator Black .
Dick Black
Thank you, Mr. President. I simply pulled that out of the block. I just tonight think it is appropriate to be giving a commending resolution to a distillery. So that was my only point there.
[Unknown]
Thank you, Senator .
Dick Black
The question is shall h.J.R. 296 be agreed to. All in favor say aye. Nos the ayes have it. H.J.R. 396 is agreed to. The Senator from James city county, Senator Norment .
Tommy Norment
Thank you, Mr. President. I would respectfully now request that the Senate stand in recess until 2:40.
[Unknown]
The senior Senator from Henrico, Senator McEachin .
Don McEachin
Thank you, Mr. President. If the Senate democratic caucus could retire to conference room immediately upon recess.
[Unknown]
Thank you, Senator. The Senate will stand in recess until 2:40. 02:41:00.440 --> 02:41:10.482 [gavel pounding] >> The Senate will come to the. I will return to the morning hour. Senator Garrett .
Don McEachin
I rise for an introduction.
[Unknown]
The Senator has the floor.
[Unknown]
Founded 1898 the military academy is rich in history to the service to. The military academy had innumerable members once the president pro tem p of the Senate produced a commander of the army war college and kevin flight the found he and ceo of under armor on the president and current owner of the carolina panthers. Two heisman trophy winners and 80 nfl and five nba player is. I ask that we give them the warm welcome of the Virginia Senate .
[Unknown]
Would members from fourth fon military academy please rise. We wish you the best and appreciate you visiting with us today. I would ask the members of the Senate to join me from offering members from fort union military academy the warm welcome the Senate. [applause]
[Unknown]
The junior Senator from from Loudoun, Senator Wexton. Thank you, Senator. The Senator calendar having been completed, Senate bill 29 and Senate bill 30 under special and continuing order will be taken up. The Senator from James city cou.
Jennifer Wexton
Thank you, Mr. President. I would respectfully move that the rules of the Senate be suspended and the privileges of the floor be extented to the its steamed and eastbound interest y helpful finance committee.
Bill Howell
Should the rules be granted to distinguished persons. All in favor of the motion willp posed 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.
Jennifer Wexton
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The rules are suspended and the privileges are the floor are granted to the Senate staff. The Senator from James city county. [no audio]
[Unknown]
T he Senator from James city county, Senator Norment .
Tommy Norment
Thank you, ladies and gentlemen of the Senate. If coy, Senator Hanger and I could have your attention for a couple of moments for some preemptive remarks. As all of you are aware, we have finally after snakes and marriage debates arrived at the point today where we are going to take up consideration Senate bill 29 which is affectionately known as caboose bill on Senate bill 30 which is the biennium budget. Deliberate and thoughtful choices about how best to apply the resources of the commonwealth of Virginia. The members of your finance committee which stand united have worked diligently and collaboratively to bring forth for your consideration a structureally balanced budget that reflects a moderate revenue forecast. The objectives around which this budget was crafted or shared by each and every one of us investing in our workforce and education protecting our most vulnerable citizens and creating jobs. Fortunately, the budget that was introduced was structureally sound with a continuation of efforts we have advance the in recent years during our budget deliberations and we return to our budget plan on solid footing. The Senate finance committee's recommendations improve on the introduced budget. And I would like to observe that the biannual budget before you is $3 billion smaller, let me repeat that, is $3 billion smaller than the one sent to us by the governor. This is due in part to the committee's recommendation not to expand medicaid as proprosed by the governor and by the reduction in our capital program that is funded through with bonded debt. Some of these projects were moved to Senator Hanger 's bond bill, but there is still a net reduction in bonded debt recommended by your Senate finance committee. One of the policy directions that we hoped to achieve and our budget was to drive dollars to one-time spending initiatives. Between the budget introduced and the committee actions we easily identify over $1.1 million in new spending items that are one-time spending items in nature. A large component of this spending, as was observed yesterday during your discussions in the old Senate chambers comes from $650 million required deposit to the rainy day fund. In other word, that spending goes that a savings account to smooth out those years where revenues are not what we anticipate. Regarding the resources available, the revenue forecast assumed in our budget recommendation is measured growth rates in the 3%, the 3% range for this year, and the next two years below the 5% percent growth we saw in the previous session. Plus, roughly $180 million per year from the revenue source known as nonwithholdings is not reflected in the forecast. Those revenues of $180 million have frequently been referred to as revenues that were collared. We know nonwithholding can be a volatile revenue source. However, we believe these dollars will materialize and we recommend ear marking their use for cash, capital outlay project. This way we can use these revenues for one time purposes rather than directing them into ongoing spending and will reduce our bond debt obligations. Again, that marks a return to our pre-recession practices where cash was the traditional vehicle for meeting our capital outlay projects. These actions produce a budget that makes critical investment in our citizens and stimulating our economy but does so in a thoughtful, careful, and deliberate way. This prudent approach to budgeting positions us well for any economic downturn that May Head our way over the next few years. I will now yield to Senator Hanger the cochairman of the finance committee to share his thoughts with you regarding the budget and to walk you through the process of any amendment that May appear today. Before I conclude my remarks, and we will do this again, but I would be remiss if I did not thank each of the members of the finance committee and especially those subcommittee chairs who have worked so very hard on this budget. With that, Senator Hanger .
[Unknown]
Senator Hanger .
Tommy Norment
Thank you, Mr. President, and members of the Senate. I want to share just a few thoughts before we move through with the budget recommendations that we are going to bring to you here today. And somewhat anticlimatic after we discussed snakes. We can finish the budget and be done with the business for the day. Most members had an opportunity to attend the budget briefing yesterday that was provided by the finance committee staff. And I really appreciated you all doing that. I thought a lot of good questions were asked and your staff was able I think to address most of them there or later for you. Senator Norment and I have tried to give every member a chance to voice their views on the budget. One of the things I am pleased with, this year, I feel this has been an inclusive budget with all 40 members being able to take the introduce the budget that the governor gave to us last December and have significant input. 15 members on the Senate finance committee but the other 25 members have been involved in the process. I hope the members have been satisfied with that and we can build on the project in future years if you have thoughts or suggestions paw we can improve the process. During the briefing we chosely evaluated all of the proposed spending in the budget, mandated and discretionary and this scrutiny allowed to us redirect resources to the committee priorities and to your priority. To example, the budget before you supports significant investment in research, economic development and job creation through regional collaboration. Our subcommittees closely reviewed the proposals to determine which opportunities offered the best return for investment. While we are excited about these investments we also recommended a number of measures to for assessment and accountability outcomes into the feature. In fact, across the budget spectrum our recommendations call for a height inned level of transparency including plans on how new fundings will be use the before dollars are ail lot he kate the and metrics to help evaluate the impact. About be lick safety, k-12 higher education, economic development and health and human resources. If public education fully funding the standards of quality and additional resources to the classroom with flexibility for school divisions to determine how best to use the new resources. Supporting access to higher education through increased funding for financial aid and improving college complex and funding provided for a significant new investment in workfor the training and cree den shaling. In the area of health and human reresources we continue to address the challenges of transitioning individuals from the training centers too the community anden suring that the appropriate resources and supports are available. The budget recommendations also build on efforts to increase mental health services for those in need, especially children. In the area of compensation, we believe our teachers, faculty, state and state supported local employees should not wait two years before seeing another salary increase. Last year, we regained some lost ground through employee compensation. We don't want to see these gains eroded so the budget before you moves the proposed 2% salary increase into the first year of the budget. We also recommend funding for the next step in addressing salary compression in the ranks of our state troopers an initiative we began last year to support these hard working men and women who protect us throughout the commonwealth. In addition recommendations include funding to improve staffing levels for ski state key statepolice operations. I could go on. Hopefully ooh each of you see the benfy of budget in its totality to all of the citizens of Virginia and especially to our folks back home. Before we turn to the procedure for today's bills I whatten to echo Senator Norment 's comments and again thank each member of the Senate finance committee and our staff for the diligent work that they accomplished in a brief amount of time to put this budget in front of you today. Mr. President, there were alwaym for dissention when we put a budget like this together and I, for one, have gone through periods where an item or two, 1% of the total budget is out of step with where I would like to be, 99% I totally support and I think all of us as we reflect on that we will find the areas we were unable to afree totally but as a product in whole, Mr. President, I would suggest to you today I am proud of the work effort of this total body in presenting this budget. The process, Mr. President, that we will follow here today. We will first address. Two bills in front of us. First address Senate bill 29. As is our practice. We will take up the committee amendments to Senate bill 29 first in a block. Anyone that would like to remove an amendment from the block please do have after the clerk has read the item number. And then we will vote. Then on the uncontested committee amendments to block and return to the committee amendments taken out of the block and take them upon in order and entertainmy floor amendments that might be offered. Senate finance staff is available for all members to answer any questions that you May have throughout the process. We will begin, Mr. President, if the clerk would present the amendments to us first for Senate bill 29.
[Unknown]
Senate bill 29. A bill to amend and reenact chapter 665 of the 2015 acts of assembly which appropriated the public reek news for the two years -- revenues for the two years ending on the 30th day of June 2015 and the 30th day of June, 2016. Reported from the committee on finance with amendments. Page 1. Item 0, number one. Page 2. Item six, number one. Item 32, number one. Page 3. Item 50, number one. Item 70, number two. Page 4. Item 82, number one. Item 136, number one. Page 5. Item 136, number two. Item 136, number three. Page 6. Item 270. Number one. Page seven. Item 200, number one. Item 307, number one. Item 307, number two. Page 8. Item 308, number one. Page 9. Item 326, number one. Item 332, number one. Page 10. Item 339, number one. Page 11. Item 406, number one. Page 12. Item 433, number one. Item 458, number one. Page 13. Item 458, number two. Item 461, number one. Item 468, number one. Page 14. Item 468, number two. Item c-41, number one. Page 15. Item 3-1.01, number one. Item 3-1.01, number two. Item 3-1.01, number three. Page 16. Item 3-1.01, number four. Item 3.1.01 number five. Page 17. Item 3-5.03, number one.
[Unknown]
The Senator from Augusta, Senator Hanger .
Emmett Hanger
Mr. President, I move the committee amendments be agreed to.
[Unknown]
The request he is shall the committee amendments be agreed to in block. All in favor say aye. Those opposed, no. The ayes have it. The amendments are agreed to in block.
Emmett Hanger
The Senator from Augusta .
[Unknown]
I move that Senate bill 29 that the constitutional reading be dispensed with and the bill be passed on final passage.
Bill Howell
All in favor of the motion record all in favor say aye. Those opposed, no. Nos. All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 39, nos 0.
[Unknown]
Nos 39, nos 0. The motion is agreed to. The Senator from Augusta, Senator Hanger .
Emmett Hanger
Thank you, Mr. President. I move the bill pass.
Bill Howell
Thank you, Senator. The question is shall Senate bill 29 pass. All in favor of the motion willt es aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
Emmett Hanger
Ayes 39, nos 0.
[Unknown]
Ayes 39, nos 0 the bill passes.
[Unknown]
Senate bill 30. A bill for all appropriations of the budget submitted by the governor of Virginia in accordance with the provisions of section 2.2-1509 code of Virginia and to provide a portion of revenue for the two years ending respectively on the 30th day of June, 2017 and the 30th day of June 2018 reported from the committee on finance with amendments.
[Unknown]
Mr. President,.
[Unknown]
The Senator from Augusta, Senator Hanger .
Emmett Hanger
Follow the same procedure on Senate bill 30 and I hope it goes as smoothly as Senate bill 29.
[Unknown]
Thank you, Senator .
Emmett Hanger
Page 1, item 0, number one. Page 2, item one, number one. Item one, number two. Page 3, item one, number three. Page four. Item one, number four. Item one, number five.
[Unknown]
The Senator from Bath County ,
[Unknown]
Could item one number five Senator Deeds. And item one number six and item one number 8 and item one number 9 on the next two pages come out of the block.
[Unknown]
Item one, number 5, 6 and 8 will come out of the block.
[Unknown]
And nine.
[Unknown]
And nine. Thank you, Senator .
[Unknown]
Page 6, item 3, number one. Page 7. Item 5, number one.
[Unknown]
Item 6, number two. Item 26, number 1. Item 26, number two. Page 8. Item 33, number one. Item 33, number two. Page 9. Item 36, number one. Item 37, number one. Item 40, number one. Page 10. Item 40, number 2. Item 40, number 3. Page 11. Item 42, number one. Item 43, number one. Page 12. Item 50, number one. Item 50, number two. Page 13. Item 53, number one. Item 53, number two.
[Unknown]
The senior Senator from Bath County, Senator Deeds .
Creigh Deeds
Could item 53, number two come out of the block, please.
[Unknown]
With that objection, item 53, number two, will come out of the block.
Creigh Deeds
Page 14. Item 53, number three. Page 15, item 54, number one. Item 65, number one. Item 69, number one. Page 16. Item 69, number two. Item 69, number three. Page 17. Item 70, number one. Item 72, number one. Item 73, number one. Page 18. Item 73, number two. Item 76, number one.
[Unknown]
Page 19. Item 76, number two. Item 79, number one. Item 80, number one. Page 20, eye tempt 8 number one. Item 86, number one. Page 21, item 87, number one. Item 89, number one. Item 91, number one. Page 22. Item 91, number two. Item 91, number three. Page 23. Item 91, number four. Item 91, number five. Item 91, number six. Page 24. Item 91, number 7. Item 93, number 1. Page 25. Item 96, number one. Item 99, number one.
[Unknown]
Mr. President,.
[Unknown]
The Senator from Spotsylvania .
[Unknown]
Can item number 99, number one I think it is 1-s on Page 25 come out of the block?
[Unknown]
With that objection, item number 99, item one will come out of the block.
[Unknown]
Page 26. Item 101, number one. Item 105, number one. Page 27. Item 106, number one. Item 106, number two.
[Unknown]
Mr. President,.
[Unknown]
The Senator from eastern Fairfax County .
[Unknown]
Can 106 number two come out of the block, please.
[Unknown]
With that objection, item 106, number two will come out of the block.
[Unknown]
Page 28. Item 106, number three. Item 106, number four. Page 29. Item 106, number five. Item 106. Number six. Item 106, number seven. Page 30. Item 106, number eight. Item 106, number nine. Page 31. Item 106, number 10. Item 108, number one.
[Unknown]
Page 32. Item 109, number one. Item 109, number two.
[Unknown]
Mr. President,.
[Unknown]
The from fairfaxcy, Senator Petersen .
[Unknown]
Can item 109 number two come out of the budget, plea.
[Unknown]
With that objection, 109, number two will come out of the block.
[Unknown]
Page about 3. Item 109, number three. Item 109 county number four. Page 34.
[Unknown]
Item 110, number one. Item 115, number one.
[Unknown]
Mr. President,.
[Unknown]
The Senator from Alexandria, Senator Ebbin .
Adam Ebbin
Could item number 115, number one and the following item number 116 come out of the block?
[Unknown]
That objection item number 115, number one and item number 116 number one out of the block.
Adam Ebbin
Page 35, item 120, number one. Mr. President,.
[Unknown]
The Senator from eastern Fairfax County. Senator Surovell .
Scott Surovell
May 120 number one come out of the block?
[Unknown]
With that objection, item 120, number one will come out of the block.
Scott Surovell
Item 125, number one. Page 36. Item 125, number two. Item 125, number three. Page 37. Item 125, number four. Item 126, number one. Le Page 38. Item 126, number two. Item 129, number one. Item 129, number two.
[Unknown]
The Senator from Roanoke County .
[Unknown]
Mr. President, can item 129, 1-s come out of the block ask with that objection, item number 129, number one will come out of the block.
[Unknown]
Page 39. Item 129, number three. Item 130, number one. Page 40. Item 131. Number one. Item 132, number one. Page 41. Item 132, number two. Item 133, number one. Page 42. Item 135, number one. Item 136, number one. Page 43. Item 137, number one. Item 137, number two.
[Unknown]
Page 44. Item 138, number one. Page 45, item 138, number two. Item 138, number three. Page 46. Item 138, number four. Item 138, number five. Page 47. Item 138, number six. Item 138, number seven. Page 48. Item 138, number eight. Item 138, number nine. Page 49. Item 138, number 10. Item 138, number 11. Page 50. Item 13-9d, number one. Item 139, number two. Page 51. Item 139, number three. Item 139, number four. Page 52. Item 139, number five. Item 139, number six. Page 53. Item 139, number seven. Item 139, number eight. Page 54. Item 139, number nine. Page 55. Item 139, number one. Item 139, number 11. Item 139, number 12. Page 56. Item 139, number 13. Item 139, number 14. Item 139, number 15. Page 57. Item 144, number one. Item 144, number two. Page 58. Item 146, number one. Page 59. Item 146, number two. Item 146, number three. Page 60. Item 151, number one. Item 154, number one. Item 155, number one. Page 61. Item 158, number one. Item 162, number one. Item 162, number two. Page 62. Item 163, number one. Item 165, number one. Page 63. Item 166, number one. Item 169, number one. Item 170. Number one. Page 6. Item 17 -- Page 64. Item 173 number one. Item 174, number one. Item 177, number one. Page 65, item 178, number one. Item 181, number one. Item 182, number one. Page 66. Item 185, number one. Item 186, number one. Item 189, number one. Page 67. Item 190, number one. Item 196, number one. Item 196, number two. Page 68. Item 197, number one. Item 03, number one. Page 69. Item 207, number one. Item 207, number two. Item 207, number three. Page 70. Item 208, number one. Item 213, number one. Item 213, number two. Page 71. Item 216, number one. Item 216, number two. Page 72, item 219, number one. Item 222, number one. Item 224, number one. Page 73. Item 225, number one. Item 227, number one. Page 74. Item 229, number one. Item 229, number two. Item 230, number one. Page 75, item 230, number two. Item 231, number one. Item 235, number one. Page 76. Item 237 number one. Item 238, number one. Page 77, item 241, number one. Item 246, in up number one. Item 249, number one. Page 78. Item 250, number one. Item 251, number one. Page 79, item 253, number one. Item 254, number one. Page 80, item 255, number one. Page 28. Item 256, number one. Page 83. Item 269, number one. Item 273, number one. Page 84. Item 273, number two. Item 281, number one. Page 85, item 281, number one. Item 284, number one. Page 86. Item 284, number two.
[Unknown]
Mr. President,.
[Unknown]
The senior Senator from Bath County, Senator Deeds .
Creigh Deeds
Could item 284 number one on Page 85 be taken out of the block.
[Unknown]
Item number 284, number one will come out of the block.
Creigh Deeds
Item 285 number one. Page 87. Item 288 number one. Item 289, number one. Page 88. Item 293, number one. Item 2894, number one. Page 89. Item 294, number two. Item 294, number three. Page 90, item 294, number four. Item 294, number five. Item 295, number one. Page 91.
[Unknown]
Mr. President,.
[Unknown]
The Senator from Buckingham .
[Unknown]
Could item 295, number one come out of the block, please.
[Unknown]
With that objection, item 295, number one will come out of the block.
[Unknown]
Page 91, item 296 number one. Item 296 number two. Page 92. Item 296, number three. Item 302, number one. Item 302, number two. Page 93. Item 303, number one. Item 303, number two. Item 305, number one. Page -9d 4. Item 305, number two. Item 306, number one. Page 95. Item 306, number two. Page 96. Item 306, number three. Item 306, number four. Page 97. Item 306, number five. Item 306, number seven. Page 98. Item 306, number eight. Item 306, number nine. Page 99. Item 306, number 10. Page 100. Item 306, number one. Item 306, number 12. Page 101. Item 306, number one. Page 102. Item 306, number 14. Item 306, number 15. Page 103. Item 306, number 16. Page 104, item 306, number 17. Page 105, item 306, number 18. Page 106, item 306, number 20. Item 306, number 21. Page 107. Item 306, number 22. Item 306, number 23. Page 108. Item 306, number 24. Item 308, number 1. Item 310, number one. Page 109. Item 10, number two. Page 110. Item 310, number three. Item 310, number four. Page 111. Item 310, number five. Page 112. Item 310, number six. Item 310, number seven. Page 113. Item 310, number eight. Item 310, number nine. Page 114. Item 310, number 10. Page 115. Item 310, number 11. Item 313, number one. Page 116. Item 313, number two. Item 313, number three. Page 117. Item 313, number four. Page 118. Item -- 117, item 313, number five. Page 18. Item 313, number six. Page 119, item 313, number seven. Item 313, number eight. Page 120. Item 313, number nine. Page 121. Item 313, number 10. Item 313, number 11. Page 122. Item 313, number 12. Item 314, number one. Page 123. Item 315, number one. Item 315, number two. Page 124. Item 315, number three. Item 315, number four. Item 315, number five. Page 125. Item 315, number six. Item 315, number seven. Page 126. Item 315, number eight. Item 315, number nine. Page 127. Item 315, number 10. Item 319, number one. Page 128. Item 319, number two. Page 129. Item 319, number three. Page 130, item 319, number four. Item 319, number five. Item 319, number six. Page 131. Item 324, number one. Item 328, number one. Page 132. Item 330 number one. Item 330, number two. Item 331, number one. Page 133. Item 331, number two. Item 331, number three. Page 134. Item 332, number one. Item 332, number two. Page 135. Item 332, number three. Item 332 number four. Item 337, number one. Page 137, item 337, number two. Item 337, number three. Item 342, number one. Page 138. Item 342, number two. Page 139. Item 342, number three. Item 343, number one. Item 343, number two. Page 140. Item 345, number one. Page 141. Item 346, number one. Item 346, number two. Page 142. Item 346, number three. Page 143. Item 348, number one. Item 348, number two. Item 348 number three. Page 144. Item 348, number four. Item 350, number one. Page 145. Item 350, number two. Item 362, number 1. Item 364, number one. Many Page 146. Item 364, number two. Item 364, number 3. Page 147. Item 364, number four. Item 464, number five. -- 364, number five. Page 148. 346, number six. Item 165, number one. Item 365, number two. Page 149. Item 365, number three. Item 365, number four. Atemperature 370, number one. 351. Item 3 p 1 number one. Item 371, number two. Page 152. Item 176, number one. Item 377, number one. Item 378, number one. Page 153. Item 378, number two. Item 378, number three. Item 387, number one. Mr. President,.
[Unknown]
Roanoke county.
[Unknown]
Can item number 1871 k come out of the block.
[Unknown]
With that objection, item number 387 number one will come out of the lock.
[Unknown]
Page 154. Item 387 number two. Item 388, number one. Page 155. Item 389, number two. Item 393, number one. Item 393, number two. Page 156. Item 393, number three. Item 393, number four. Item 393, number six. Page 157. Item 394, number one. Item 398, number one. Page 158. Item 398, number two. Item 398, number four. Page 159. Item 398, number six. Item 398, number seven. Page 160. Item 401, number one. Item 405, number one. Page 161. Item 405, number two. Item 410, number one. Item 414, number one. Page 162. Item 415, number one.
[Unknown]
Mr. President,.
[Unknown]
The Senator from Richmond
[Unknown]
Can item number 415 number city. One come out of the block please?
[Unknown]
With that objection, item 415, number one will come out of the block.
[Unknown]
Item 422, number one. Page 164. Item 422, number two. Item 423, number one. Item 423, number two. Page 165. Item 424, number one. Page 166. Item 428, number one. Page 167. Item 428, number two. Page 16le. Item 428, number three. Page 169. Item 428, number four. Item 428, number thrive. Item 431, number one. Item 431, number two. Item 433, number one. Page 171. Item 434, number two. Item 434, number three. Item 436, number one. And at the top of the Page, item 434, number one. Page 172. Item 436, number two. On 173 item 436 number one. Item 436 number four. Page 174. Item 437, number one. Item 438, number one. Page 175. Item 442, number one. Item 442, number two. Page 176. Item 442, number three. Item 448, number two. Page 177. Item 448, number three. Item 448, number four. Item 449, number one. Page 178. Item 453, number one. Many Page 180. Item 4 a 3, number three. Item 453, number four. Page 181. Item 453 number five. Item 453, number six. Page 182. Item 453, number seven. Item 453 number eight. Page 183. Item 456, number one. Item 457, number one. Item 457 number one. Item 458, number one. Page 184. Item 458 number 2. Item 459 number one. Page 185. Item 463, number one. Item 464, number one. Page 186. Item 464, number two. Item 466, number one. Page 187. Item 466 number two. Page 188. Item 467, number one. Item 467, number two. Page 189. Item 468, number one. Item 470, number one. Item 470, number two. Page 190. Item 472, number one. Item 472.5, number one. On Page 191, item 475, number two. Page 192, item 475, number three.
[Unknown]
Page 195. Item 475, number four. Page 196. Item 475, number five. Item 476, number three. Page 197. Item 477, number one. Item 478.1, number one. Page 198. Item 486, number one. Page 199. Item 488, number one. Item 488, number two. Page 200. Item 493, number one. Item 494, number one. Page 201. Item c-0 number one. Mr. President,.
[Unknown]
The Senator from Prince William County .
[Unknown]
Can item c 0 number one come out of the block.
[Unknown]
With that objection, item c-0 number one will come out of the block.
[Unknown]
Page 202. Item c-8.1, number one. Item c-8.1, number two. Item c-10.1, number one. Page 203. Item c-12 number one. Item c-13, number one. Item c-35.1, number one. Page 204. Item c-43, number one. Sigh temperature c-44, number one. Page 205. Item c-44 number two. Item c-45, number one. Page 206. Item c-46, number one. Item c-47, number one. Page 207. Item c-47.5, number one. Page 208. Item c-48, number one. Page 209. Item c-29, number one. Item c-53, number one. Page 210. Item c-54, number one. Item 3-1.01, number one. Item 3.1.01, number two. Page 211. Item 3-1.01, number three. Item three.
[Unknown]
Mr. President,.
[Unknown]
The Senator from Roanoke County .
[Unknown]
Can item-01 number three come out of the block.
[Unknown]
With that objection it will come out of the block.
[Unknown]
Item about-is 1.01 number four. Item 3-5.03, number one. Page 316. Item 3-5.03 number two. 5.12, number one. Page 217. Item 3-5.14, number one. Page 218. Item 3-5.14, number two. Page 219. Item 3.5.14 number three. Item 3-6.04, number one. Page 220. Item 3-6.05, number one.
[Unknown]
Mr. President.
[Unknown]
The Senator from Fairfax city.
[Unknown]
Could item 3-6.05 number one come out of the block, please.
[Unknown]
With that objection, item 3-6.05 will come out of the block.
[Unknown]
Item 4-4.01, number one. Page 221. Item 4-5.04, number one. Item 4-6.01, number one. Item 4-6.01, number two.
[Unknown]
Page 222. Item 4-10.00, number one. Page 223.
[Unknown]
Mr. President,.
[Unknown]
Returning to Page 219. Could items 3-5.1 item 3-5.14, number three come out of the block, please.
[Unknown]
3-5.14 number three will come out of the block.
[Unknown]
Page 223, item 4-14.00. Number one. The end.
[Unknown]
Thank you, madam clerk.
[Unknown]
Mr. President, going back a few. Could item 3-5.03 number one come out of the block, please.
[Unknown]
If you could tell me the Page .
[Unknown]
I'm sorry. Page 215.
[Unknown]
With that objection, item 3-5.13 number one will come out -- 3-5.03 number one will come out of the block.
[Unknown]
Mr. President,.
[Unknown]
The Senator from Buckingham .
[Unknown]
Mr. President, has item 3-5.14 number three come out the block.
[Unknown]
If you could give me the Page number, thanks?
[Unknown]
Page 219.
[Unknown]
Mr. President, that one has come out of the block. I was asleep at the wheel. I apologize and thank the Senator for pulling it out of thank you, Mr. President.. The block.
[Unknown]
The Senator from Augusta ?
[Unknown]
Thank you, Mr. President. I move that all of the committee amendments remaining in the block be passed.
[Unknown]
The Senator from Fairfax city. [no audio]
[Unknown]
Number one if it wasn't already out.
[Unknown]
Page, please.
[Unknown]
Page?
[Unknown]
148.
[Unknown]
What was the number again? With that objection, item 365, number one will come out of the block. The Senator from Augusta, Senator Hanger. >> Thank you, Mr. President. I move that all of the committee amendments remaining in the block now be agreed to.
Emmett Hanger
Thank you, Senator. I am going to go through these hopefully quickly. The ones that have come out of the block. And then we will vote on the moments in the block. The moment on the floor is the amendments in the block. The Senator from Buckingham .
[Unknown]
Thank you, Mr. President. I apologize. Could 295 number one which I pulled from the block go back into the block.
Emmett Hanger
Page number, please?
[Unknown]
And Senator, that item 295, number one.
[Unknown]
Correct Mr. President. I am working on Page number. Page number 91.
[Unknown]
91.
[Unknown]
Mr. President,.
[Unknown]
Just hold on just one second.
[Unknown]
Say it again, please. 295, number one. Is that item 295, number one on Page 90.
[Unknown]
Yes, sir.
[Unknown]
With that objection that will go back in the block. Item 295, number one on Page 90. The Senator from Portsmouth, Senator Lucas .
Louise Lucas
Yes, Mr. President. On the bottom only Page -9d 8, I item 306, number nine s out of the block, please.
[Unknown]
With that objection, item 306, number nine on Page 98 will come out of the block. Okay. The motion -- the Senator from Chesterfield, Senator Chase .
Amanda Chase
Thank you, Mr. President. On Page 27, could bepull out item 106, 1-s.
[Unknown]
With that objection on Page 27, item 106 number one.
Amanda Chase
And I have another one. Item 106, 3-s on Page 28. Item 106,.
[Unknown]
Hold on, Senator .
[Unknown]
Item 1 so 6. Page please, first. Item number 106, 4 s.
[Unknown]
Item 106, in up four on Page 28 come out of the block.
[Unknown]
And Page 29. Item 106, 5-s.
[Unknown]
With that objection, item 106, number five on Page 29 will come out of the block.
[Unknown]
Mr. President, item on Page 29. Item 106, number six. Seven, eight. Nine. And 10. And that is it. Thank you, Mr. President.
[Unknown]
Thank you, Senator .
[Unknown]
Would anybody else like to place an order? All right. The motion on the floor is the amendments in block will pass with the exceptions of item number one, number five, number six, number eight and nine on pages 5 and 6. Item 53 number two on Page 13. Item 99, number one, on Page 25. Item 106, number one, on Page 27. Item 106, number two, on Page 27. Item 106, number four, Page 28. Item -- two and three? Two, three and four? Item 106, number six on Page 29 and also includes number seven, number eight, number nine and number 10. I don't have that. That one was passed. Five as well. Okay. Item number 109 number two on Page 32. Item 115, number one on Page 34. Item 116, number one on Page 35. Item 120, number one on Page 35. Item 129, number one on Page 38. Item 284, number one on Page 85. Item 306 number nine on Page 98. Item 365, number one on Page 148. Item 387, number one, Page 153. Item 415, number one on Page 162. Item co number one on Page 201. Item 3-1.013 on Page 211. Item 3-5.03 number one on Page 215. Item 3-5.14 number three on Page 219. And item 3-6.05 number one on Page 220. All in favor of the motion to agree to the amendments in the block with those exceptions asye organization opposed no. The ayes have it. The amendments in block are agreed to. Returning to Page 5. Senate bill 30. Page 4, item one, number five. >> Mr. President,. >> The Senator from Fauquier, Senator Vogel .
Jill Holtzman Vogel
This was pull the out of the block on was passed bimy sub committee and I would like to ask that it pass and speak to the motion.
[Unknown]
The Senator has the floor.
Jill Holtzman Vogel
What the language does in this amendment is consistent with has been the policy in the Senate for many, many years and that is in the budget there a legislative staff person allocated to the chair of the finance committee. It is the case this year that we have cochairman of the finance committee and this adds the additional staff person for the cochair.
[Unknown]
Thank you, Senator. And with that I would ask that it pass.
[Unknown]
Thank you, Senator. The question is shall item number one, number five amendment be agreed to. All in favor say aye. Those opposed, no. The ayes have it. The amendment is agreed to. Item number 1, number six on Page five. The Senator from Fauquier .
[Unknown]
Thank you, Mr. President. This budget amendment is an effort to provide additional resource to the lead heship both in the Senate pagity and in the Senate mainorrity and additional general fund compensation for support staff, legislative staff. The reason we put this in is because we believe it was fair and would square up an actually mirrors what the House has in their budget. With that, I would ask that the body pass that amendment.
[Unknown]
Thank you, Senator. All in favor of agreeing to item one, number six will say aye. Those opposed no. The ayes have it. The ayes have it. Item one, number six is agreed to. Number eight, the Senator from Fauquier .
[Unknown]
Thank you, Mr. President. And this amendment was debated for some time in our sub committee and what it does it is it raises the per diem for interim meetings when we are not in session from $200 to $300 each day. And this is not something that we have revisited in many, many years and it has been the position of many of the members and I think it as compelling one that it is an enormous commitment of time and effort and resources and we would like this to be a position in the legislature that any member feels that they can do this job and not make it actually a -- story, am I speaking to the wrong one.
[Unknown]
This is number eight.
[Unknown]
Sorry. Okay. Okay. Please hold. I apologize. Sorry, I got ahead of myself here. Okay, so I take that back. That has nothing to do with the per deem. This has to go do with health insurance coverage and currently the case that the health insurance is provided to one member and their legislative staff. This budget amendment would allow if the member christmas not to use the health insurance they can allocate to one staff member and with that I ask that it pass.
[Unknown]
The senior Senator from Bath, Senator Deeds .
Creigh Deeds
I would like to speak to the amendment. And I pulled this and I don't have any objection to offering the staff the benefits. I want to point out the ultimate irony of the budget. I believe being on the inside looking out is the what I do make change. The ultimate irony of this budget it is good to help our friends we can do that but we are turning our backs on the working poor who would be eligible for insurance if we expanded medicaid. We can give insurance to our friends. But it is the other side of don't tax you, don't tax me, tax the man behind the tree. It provides the benefits for the people we know but the people we don't know who are working for a living are losers under this budget.
[Unknown]
Thank you, Senator. All in favor of item one, number eight say aye. Those opposed no. The ayes have it. Item one, number eight is agreed to. Item one, number nine. The Senator from Fauquier .
Creigh Deeds
Thank you, Mr. President. Now I am one number nine which was having partially been previously explained I will just tell you that this has to do with the interim per diem and raises from $200 to $300 per day and I ask that it pass.
[Unknown]
The Senator from Roanoke County, Senator Suetterlein .
David Suetterlein
Mr. President, it is my hope that the Senate would reject this amendment. Under the state constitution in article 4 section 5 it provides the members of the general assembly shall receive such salary and allowances as prescribed by the law but no increase shall take effect for a given member until after the end of the term for why he was elect the. To this is constitutional but the constitution clearly makes it seem that we are not supposed to be raising our own pay. We just had an election a few months ago. This is directly raising the pay of the members of this body. I do not believe it is appropriate. I also don't believe an increase from $200 to $300 is appropriate and I really hope we will reject this amendment.
[Unknown]
Thank you, nor. The Senator from j ames city county, Senator Norment .
Tommy Norment
Thank you, Mr. President. I rise to encourage the body to support this amendment and speaking to that, sir.
[Unknown]
The Senator has the floor.
Tommy Norment
I think it is always important that after we go through election cycle that we have new members of this body and that they bring fresh perspective to how they see the operations of the Senate and I say that sincerely. First of all, as it relates to the constitutionality of it, this does not increase the base salary which of the members of the Senate. This is actually a per diem increase on it. It is not a salary increase but yes, it as proposed increase in compensation. I would further say to the body this amount has not been increased since 2000. 16 years since the last increase has taken place on that. I would further say tried to be ecumenical about this. I am certain that most members of this body recall when the governor convened the commission on integrity and public confidence in government and one of the recommendations that came out of that bipartisan body was a proposal to provide additional transparency to the compensation of those in the general assembly anded a locating increasing the compensation and realigning the compensation for the members of the general assembly. But at that time out of the governor's office, the governor's office also voiced hope that these proposals would generate further public discussions and Mr. President, what I have offered by way of this amendment is to pick up on that additional discussion and I think that this increase is reasonable. I do not think that there is any potential backlash on it. I think that it is constitutional and I would ask the body to support it.
[Unknown]
Thank you, Senator. The Senator from Fauquier County, Senator Vogel .
Jill Holtzman Vogel
I would renew and speak that for one final moment. I think it is important that the body have perspective this is not in any way shape or form an effort for the members of the body to vote themselves a pay increase. In fact, I think it is a case that every single member of the this body spends their own money and their own personal resources in doing this job. And I know from personal experience and from lots of cubs discussions with colleagues from the time away in interim meetings and resources it costs to participate in that outside of their regular job is obviously we do this job because we have a passion for it but it is an imposition and it costs you money. I would say it is fair that in 15 or 16 years we consider raising that $100. Some people would say that doesn't mean very much but it actually does and we would like to create an environment where you don't have to have a lot of independent wealth in order to run for public office and to do this work. It is not the case that we are a year round legislature like pass where members are paid a full salary all year long and provided for staff and frankly do the same job that we do. There is something to be said about being a citizen legislature which I am proud to be part of where you leave and come here for six or eight weeks and go home and live under the laws that you passed. A huge amount that we do the rest of the year that folks perhaps don't appreciate it. I would ask that the body consider supporting the amendment. Thank you.
[Unknown]
Senator Saslaw .
Jill Holtzman Vogel
Mr. President. Members of the Senate. The Senator from Fauquier County peaks a lot of sense and I would remind everybody in here I don't think there is anything that is in that amendment that requires you to take that $100. In fact, you don't have to take any money, okay. I have always thought that if we ever passed anything in here that had anything to do with compensation of a member and somebody voted against it, they ought to have the intellectual honesty to reject it.
[Unknown]
Thank you, Senator. All in favor of agreeing to item one, number nine will say aye. Those opposed no. The ayes have it. Item number one, number nine is agreed to. Moving forward to Page 13.
[Unknown]
Item 53, number two. The Senator from Fauquier, Senator Vogel .
Jill Holtzman Vogel
Okay. I'm sorry. Mr. President, this item 53 number one has to do with funding for --
[Unknown]
It is number two.
Jill Holtzman Vogel
Number two has to do with funding of vacant judgeships and that is not something unfamiliar to the body. We had a study and the national center for state courts has done a very comprehensive evaluation that is both compelling and important for us as we tried to determine which judgeships we will fill. It is a quantitative and I know not everybody appreciates or agrees with how this has been done, but we have in this budget amendment filled 406 judge-ships and based on that recommendation and a list has been provided and I would ask that the motion pass.
[Unknown]
The senior Senator from Bath County, Senator Deeds .
Creigh Deeds
I think everybody understood where I was coming from yesterday when I spoke to this amendment at our briefing. But the study to which the Senator speaks has contains data that is four years old and the amendment ignore process already contained in the code of Virginia for a rae view on a regular basis by the committee on district courts and recommend the the two judgeships be filled and we pass the legislation a few weeks ago that he would are now ignoring. With this budget amendment.
[Unknown]
Thank you, Senator. The Senator from eastern Fairfax County, Senator Surovell .
Scott Surovell
Thank you, Mr. President. Speaking against the amendment.
[Unknown]
The Senator has the floor.
Scott Surovell
Thank you, Mr. President. Ladies and gentlemen, last time I checked, the national conference on judges or whatever any were wasn't elected. We were elected. To come down here and exercise judgment about how to spend resources and make decisions. We weren't elected to defer to some formula for some unelected group of judges out there that come in and look at things. The study is one input. One piece of information that we consider in what we do. There is lots of problems with it and systems out there gaming the system. And systems out there in terms of how they structure their filings that are gaming the numbers and they don't make sense.
[Unknown]
Of the to give you an example of the redicklessness of the formula. -- ridiculousness of the Fairfax County listen to the formula. Numbers. In 1993, Fairfax County was authorized to have I think it was the 15th circuit court judgeship. In 1990, 880,000 people. Today, Fairfax County has 1.1 million people. That is an increase of 27%. And this formula says that we should lose a judge. Tell me exactly how you tee fend that or how you -- defend that or explain that that the population goes up by 200,000 people yet we the formula says that we don't have -- that we have too many judges. It doesn't make any sense. And that is why I pose the continued use of this formula. I think it is one we should consider and we should use your as a result about what our jurisdictions need to allocate the judges not some formula and that is why I oppose if. Thank you, Mr. President.
[Unknown]
Thank you, Senator. The Senator from James city county, Senator Norment .
Tommy Norment
If Mr. President, rising in support of the committee amendment. Speaking to it. First of all, having been involved with the judges over a number of years in budget conference, I would walk the Senator back a little bit while he was in the more numerous body. It was not a group of national judges. It was a national center on state courts which is a nationally recognized independent organization where I believe we spent about $250,000 over a biand number to have them independently examine the work load indicators reported to the Virginia supreme court. That data being the only reliable data that we could examine. And after that two year study they came back with the recommendations the formula that was create the was create the for two reasons. First of all, it was created to try to place some emphasis on work load indicators which I appreciate can change with time. But that study I believe was update the last year. The other thing that it did is yes, we are elected to come up here and exercise our independent judgment and each of us has a parochial interest. And one of the things we found that started happening in budget conference was that there were individuals who even though the workload indicators did not justify a judge they insisted in conference that I want a judge and I don't care what the workload indicators are. And so the politics got introduced into the creation of judgeships at a most vulnerable time. So that is another reason that we went to the formula to try to have some objective criteria to say no, let's stop interjecting this at inappropriate times. I would further say, Mr. President, that there is somewhat of an ecumenical loss of judges as I have looked at the current formula of the jurisdictions that I represent are going to lose two judges and it is not going to make some of my colleagues in here particularly happy because we will have to go back and justify how that has come about. So I would suggest to you, Mr. President, while it is not perfect, it is the best system that we have. And the Senator from Bath and I have had several conversations and he does make a valid point that has nothing do with workload indicators. The areas where I practice law most of the time unless I start traveling around the state or within an hour's drive. [please stand by for captioning] and when you walk into a Friday motion's day docket in Fairfax County, you're lucky if you can get your body inside a courtroom at 9:45 a.M. For a 10:00 a.M. Dongt. I practiced around the state in probably 35 different circuit courts in the state and I can tell you which ones are crowded, which ones aren't. I'm not on the staff of the court much justice committee, but I can't put aside from my eyes tell me and when I look at a courtroom and a docket and a judge says I can't handle this many cases, chap, we need more help here and I walk into a courtroom in another part of the state and it's half empty in motions days I know what my eyes are telling me. I understand the statistics May weigh against Fairfax County, but my partner and friend is right in this case, so for better or worse, I think he's right an opposing the measure.
[Unknown]
The question is shall item 53, number 2 be agreed to. All those in favor of the motion will say aye, those opposed no. The ayes have it. Item 53 number 2 is agreed to. Moving forward to Page 25. Item 99 number one. The Senator from mecklenberg, Senator Ruff .
Frank Ruff
This amendment provides funding and staffing for the regulation of sports contests. Passed overwhelmingly, chi opposed, however. These are nongeneral funds derived from the registration fees. I move that the amendment be agreed to.
[Unknown]
Thank you, Senator. The question is shall item 99, number one be agreed to. All those in favor of the motion will say aye, those opposed no. The ayes have it. Item main nine number one is agreed to. Page 27, item 106, number one. Mr. President.
Frank Ruff
The Senator from Fairfax city.
[Unknown]
I think that is basically the budget amendment which simply enacts Senate bill 116 which we passed unanimously. It allocates $100,000 in miss sell lane yuz expenses for the advisory board which is a purely voluntary board and that's what it represents.
[Unknown]
The Senator from mecklenberg.
[Unknown]
I will thank the Senator for his explanation. If that is the case, I move that that pass.
[Unknown]
Thank you, Senator. The question is shall item 106, number one, be agreed to. All those in favor of the motion will say aye, those opposed no. The ayes have it. Item 106 number one is agreed to. Item number 106, number two on the same Page. The Senator from mecklenberg.
[Unknown]
Mr. President, the committee inaccuracied funding by a dish -- increased funding by an additional one million dollars each year for the motion picture opportunity fund. According to the film office, the allocation -- through tax credits and governor's motion picture opportunity fund will satisfy the program -- the movies that are already in production. Mercy street and turn. The increased funding would allow Virginia to compete for additional tv and film projects.
[Unknown]
Thank you, Senator. The Senator from eastern Fairfax County, Senator Surovell .
Scott Surovell
Thank you, Mr. President. Speaking against the amendment.
[Unknown]
The Senator has the moore.
Scott Surovell
Thank you, Mr. President. This is the last time you'll hear from me today on the budget, but I 've kind of -- I have a pet peeve about these movie production tax credits. I've been fighting against them since they were enacted I think about five years ago. When we take taxpayer dollars and we give it to another third party to do economic development, I think there's two things we look at. One is what's the return to taxpayers, and two, what is that impact going to be long-term on the commonwealth? Let's talk first of all about the return these things have because movie tax credits have been studied all across the country because they they're now in 39 states. Proliferate. In massachusetts, they found their state got back 13 cents in revenue for every dollar they spent. North carolina just reduced their plan when they found that they spent $30 million in tax incentives and created 55 to 70 new jobs. California found their return 65 cents on the dollar. Louisiana found that they lost $12,000 for every job that was created by the film tax credit. The only studies that have ever been done on these things that found a positive impact are one funded by hollywood. But the ones that are funded by independent entities never find that we spend money we actually net on return to our taxpayers. So in terms of what's the return to taxpayers, the reality is it's actually negative. We're throwing money away. Number one. Number two, what's the impact? When I think about if we should spend money on economic development, I always feel like we should preference things, we should focus taxpayer dollars on things that create lasting, long-term permanent impacts. Create facilities, create jobs that are going to stay. Not things that are going to be mercurial, things that come and go. These movie credits, what they do, they bring these guys in, they spend money, the restaurants do well, the hotels do well a little bit, the carpenters get money, the dry cleaners do okay and everything van nirns. That is not the way to create a long lasting industry in this state. Who are we benefiting? Mainly billionaire and millionaire movie producers? Went to steven spielberg for the lincoln movie and we got some sunshine on the capital for that, but how many of you see increased tourism happening in this bl because of that movie? There's nothing happening after that movie left. What's happening nationally is states are going the other direction than we are today. Louisiana put a cap on theirs, alaska killed their program last year, michigan is debating a cut, massachusetts debating a cut, north carolina cut theirs. The only states expanding these things besides us is california and maryland, if that's who you want to stand with today by voting for this. Mr. President, I think if we invest, we awe to invest in long-term jobs, not these little short-term jobs, not things that put stars in people's eyes, but we ought to be investing our taxpayer dollars carefully this things that have long lasting impact and I also think we shouldn't stand with maryland and california and hollywood. We should stand with virginians and invest in the state instead of investing in those other places. Thank you.
[Unknown]
Thank you, Senator. The senior Senator from Henrico, Senator McEachin .
Don McEachin
Mr. President, I rise to speak for the amendment.
[Unknown]
The Senator has the floor.
Don McEachin
Mr. President, I 've heard my colleague's argument, and I would hope that we would reject it. You know, there are certain professions, certain jobs that by their very nature are temporary and those are construction jobs, for instance. There isn't -- you know, I was just visited by a lobbyist today, not on this particular issue, that reminded me that it's sort of disingenuous to suggest that a job is of a less -- that's temporary in nature because of construction isn't a worthy job. It certainly is. And so, too, it is with movie productions. Those are worthy jobs. Yes, they might have a finite time period, but they pay people, employ people, and we keep the pipeline going, we keep the economic development going. Mr. President, this actually happens in my district. Many of us have seen the show called turn. That's filmed in my district at the national raceway, so it's important to me and I daresay also important to the Senator from pews burg. It is one tool in the toolbox of economic development, one I applaud and hope we will support.
[Unknown]
Thank you. The Senator from Petersburg, Senator Dance .
Roz Dance
Thank you, Mr. President. I thank the senior Senator from Henrico -- think the senior Senator from Henrico has done a good job of describing why I agree with this amendment and that is because mercy, turns, the two movies, historical novice that are continuous and people are talking about in a positive way, that's Petersburg. We're definitely not millionaires. And part of Richmond. Thank you.
[Unknown]
Thank you, Senator. The Senator from Roanoke County, Senator Suetterlein .
David Suetterlein
Thank you, Mr. President. I rise because I don't know if I 'll have this opportunity again, but I just want to stand and say I agree with the assessment of the Senator from eastern Fairfax and I also agree with the general assessment that on policy issues, we should not look to maryland and california for leadership and we should reject this amendment and I also follow through that assessment on other issues as well. Thank you, Mr. President.
[Unknown]
Thank you, Senator. The Senator from James city county, Senator Norment .
Tommy Norment
Mr. President, I rise to speak in favor of the amendment and I associate my position with those of the senior Senator from Henrico. By comparative basis, Virginia has been reasonably modest in the amount of money that we have put into these movie productions when you compare it to what other states have, but there's an unquantifiable benefit that comes out of this money and that's what we refer to politically as earned media, and that means that is media and exposure that we do not directly pay for, but is incidental to a particular project. And I just remind you of the national exposure that we got on "lincoln." it was incredible exposure for the commonwealth of Virginia and that was a movie that received enormous accolades. Customer, I 'm not a big tv buff, but on tv there's the ongoing segment of "turn." and I 'm trying to turn this amendment into something that everyone can support, but much of that is based in Virginia, some of it is coming out of Richmond, some of it coming out of Williamsburg where I live. Even a movie that did not fare so well on a domestic basis back in 2007, some of you May remember that movie called "the new world" which was produced and had some guy named collin, as I recall, who was supposed to be the lead in that thing. That movie was totally based in Virginia, but interestingly enough, enjoyed some international success which clearly identified Virginia. I remember being in poland and seeing it on the billboard of movie theaters that was there at that time. So I understand the conservatism and the concern of it, but earned media really is extraordinary on this and as long as I think we continue to manage it appropriately and get our kocht exposed to the -- capitol exposed to the entire country, think it's a good
[Unknown]
Thank you, Senator. Investment. The Senator from mecklenberg, Senator Ruff .
Frank Ruff
I would like to point out that I don't have any novice that have been produced in my district. I'm sad to report that. However, I do watch north carolina fairly closely. They do slash their budget several years ago, but they have now increased their budget in the last general assembly to $80 million. So they apparently found that it is important to do this. These grants go for Virginia salaries and wages, rents, purchases of Virginia -based is goods and services. The film office negotiates advertising within those films for the commonwealth, and if we had to pay for that, it would be probably more than what we're giving in these grants. So I renew the motion to report.
[Unknown]
Thank you, Senator. All in favor of agreeing to item 106 number 2 will say aye. The ayes have it. Those opposed, no. Item 106 number 2 is agreed to. On Page 28, item 106, number 3. The Senator from mecklenberg, Senator Ruff .
Frank Ruff
Thank you, Mr. President. This provides 750,000 the first year and 1.25 -- 250 for the second year to support the business readiness ready sites, a pilot project that we have lost opportunities with big tris in the last number of years because Virginia was not prepared with mega sites. We do not even have an inventory of possible ones, and this would get those sites more ready. It would move the -- the goal is to move at least five sites up one tier on a tier basis from zero to five, move that the amendment be approved.
[Unknown]
Thank you Senator. The question is shall item 106 number 3 be agreed to. All those in favor of the motion will say aye, those opposed no. The ayes have it. Item 106 number 3 is agreed to. Item 106 number 4. Senator Ruff .
Frank Ruff
Mr. President, the committee established a joint committee to determine appropriate course of action into the areas of economic development, incentive management and assessment and evaluation. The joint subcommittee work will provide amp needed independent review of now incentive programs are plurd for effectiveness. I move this amendment pass.
[Unknown]
Thank you, Senator. The question is shall item number 106 number 4 be agreed to. Say assay say. The ayes have it. Number 106 number 4 is agreed to. Moving to Page 29, item 106 number 5. Senator Ruff .
[Unknown]
Mr. President, the introduced budget included 2.8 million in general funds for the commonwealth research commercialization fund. This would have been level funding. The committee transferred funding from the economic development incentive payment to cit. This is a technical change, there's no change in the funding. I move that the amendment pass.
[Unknown]
Thank you, Senator. The question is shall item 106 number 5 be agreed to. All those in favor of the motion will say aye, those opposed no. The ayes have it. Item 106 number 5 is agreed to. Item 106 number 6. The Senator from mecklenberg.
[Unknown]
Mr. President, this introduced budget included 7 identify 5 general funds in the first year and 10 million the second year. This -- the committee provided 2.5 in the first year and 5 million in the second year. The Senate finance committee believed that the best way to deal with this was a Virginia research alliance, so we have invested that much of the money there. This includes $30 million in the higher education research initiative, 60 million in bond funding for research equipment and lab renovations, 5.6 million in commonwealth research commercialization funds, $21 million to expand r&d tax credit and a recommendation to create that alliance. I move that the amendment pass.
[Unknown]
Thank you, Senator. All in agreement with item 106 number 6 will say aye. Those opposed, no. The ayes have it. Item 106 number 6 is agreed to. Item 106 number 7. Senator Ruff .
[Unknown]
Mr. President, the committee provides an additional 2 million each year for the economic development incentive payments for the ccam. That is an applied research center in Prince George County that bridges the gap between fundamental research and typically performed at universities and product development routinely performed by companies. The partners include the universities of old dominion, university of Virginia, Virginia tech, Virginia commonwealth university, and Virginia state. Partner industry members include rolls-royce, see men's, Newport News shipyard, nasa, cannon, alcoa, bear cuss and others. -- airbus and others. I move the amendment pass.
[Unknown]
Thank you, Senator. The question is shall item 106 number 7 be grady to. All those in favor of the motion will say aye, those opposed no. The ayes have it. Item 106 number 7 is agreed to. Item 106, number 8.
[Unknown]
Mr. President, the committee rejected the proposal and removed funding that would have provided grants to the biotech citizenoff companies and I refer -- spinoff companies and I refer back to the committee's recommendation to create the Virginia research alliance. I move the amendment be agreed to.
[Unknown]
Thank you, Senator. All in favor of agreeing to item 106 number 8 will say aye, those opposed, no. The ayes have it. Item 106 number 8 is agreed to. Item 106 number 9.
[Unknown]
Thank you, Mr. President. The introduced budget included new spending of million dollars each year to provide to the Virginia economic development partnership for marketing and trade missions. The committee removed the additional new spending of one million dollars. According to the staff of the partnership, they currently spend about 500,000 each year on trade missions. The additional $2 million proposed under this was deemed unnecessary. I move the motion be -- I move the amendment be agreed to.
[Unknown]
Thank you Senator. The question is shall item 106 number 9 be agreed to. All those in favor of the motion will say aye, those opposed no. The ayes have it. Item 106 number 9 is agreed to. Page 31, item 106 number ten, Senator rough. -- Senator Ruff .
[Unknown]
Mr. President, the committee provided an annual grant of 2.1 million in the years 2020 through '22 for an eligible company with headquarters in Arlington as an inducement to expand and continue to great in Virginia. The company believes that the method of apportionment of corporate income is inequitable and subject to taxation. A greater portion of its Virginia taxable income and is reasonable to attribute the business sources within the commonwealth. The company sought allowances to use an alternative method for apportioning income and was denied. Should the company remain headquartered in Virginia, the commonwealth would provide through increased economic activity and increased revenue to the personal income taxes and sales and use taxes paid by the company's 1700 employees. I move the amendment be agreed
[Unknown]
The Senator from to. Chesterfield, Senator clase.
[Unknown]
Thank you, Mr. President. I would lake to speak in opposition and just a little bit of an explanation here. I think we need, as a state, to move away from incentives for businesses and instead, go toward cutting our corporate income tax, look at cutting individual business taxes. A lot of businesses have personal -- they pay a pass-through business and I think we need to relook at the way we help our small businesses in these ways. So that's why I 'm opposing. I'm not against small business, I 'm a small business owner, but I think we're going about it the wrong way and I just want to -- I hope the body takes that into account.
[Unknown]
Thank you, Senator. The question is shall item 106 number 10 be agreed to. All those in favor of the motion will say aye, those opposed no. Item 106 number 10 is agreed to. The ayes have it. Moving forward to Page 32. Item 109, number 2. The Senator from mecklenberg, Senator Ruff .
Frank Ruff
Thank you, Mr. President. The introduced budget included 5.7 million in general funds for the first year and 20.2 million in the second year. The committee provided an additional 12.9 in the second year under the department of housing and community development to rever the funding under central appropriations.
[Unknown]
Senator -- the question is shall item 109 number 2 be agreed to. All those in favor of the motion will say aye, those opposed no. Item 109 number 2 is agreed to. The ayes have it. Page 34, item 115, number one. The Senator from mecklenberg.
Frank Ruff
Thank you, Mr. President. The introduced budget included an additional 184,000 each year to fund two compliance officer positions in the labor and law division, department of labor. The committee reversed those increases. The committee did not see evidence that the current level of personnel in the inspections was inadequate. I move the amendment.
[Unknown]
Thank you, Senator. The Senator from Alexandria, Senator Ebbin .
Adam Ebbin
Thank you, Mr. President. I wanted to respectfully suggest that these compliance positions are needed to ensure that people are compensated by employers in wage disputes. There was a backlog according to a news article I read this summer, a significant backlog in disputes being handled. These are people just trying to earn a living and reps -- to see the people who are seeking to earn a living are paid the wages they've been working for. Thank you.
[Unknown]
Thank you, Senator. The question is shall item 115 number 1 be agreed to. All those in favor of the motion will say aye, those opposed no. The ayes have it. Item 115 number 1 is agreed to. On Page 35, item 116, number 1. The Senator from mecklenberg.
Adam Ebbin
Mr. President, the introduced budget included an additional $256,173 each year to fund three compliance officer positions in the occupational safety and health program in the department of labor. The committee action reversed that. The committee did not see evidence that the current level of personnel inspection was I move the motion -- move the inadequate.
[Unknown]
Thank you, Senator. Amendment. The Senator from Alexandria, Senator Ebbin .
Adam Ebbin
Thank you, Mr. President. Briefly, the gomp's bnl had funded three safety inspector positions or three positions, two would be safety, one would be lelt. Funding issues at the federal and state level have led to 12 unfunded benchmark inspector positions, meaning that the federal guidelines for inspectors for safety inspections are not being met in Virginia now. Based on the average number of inspections done by the inspectors, approximately 600 safety inspections and 160 health inspections are not conducted each year. Based on the serious health hazarded identified by the average inspector per year, this equals the potential of 3704 serious hazards not identified and abated in Virginia workplaces. The program benchmarks set in 1986 for Virginia were 38 safety, 21 health for 59 total. We have 44 compliance officers now. The three positions in the governor's budget would still make us nine short of the federal benchmark. So I would just suggest that we should move towards, if not this year, in future years, to staffing up so that we can kaep our safety violations, the health violations low.
[Unknown]
Thank you, Senator. The question is shall item 116 number one be agreed to. All those in favor of the motion will say aye, those opposed no. The ayes have it. Item 116 number one is agreed to. On the same Page, item 120, number one. The Senator from mecklenberg.
Adam Ebbin
Thank you, Mr. President. Introduced budget included one million dollars each year for solar -- to fund solar energy development programs. The committee action reversed the one million dollars. The proposed funding would have provided funding for one fte and administrative support for the development authority. Funding to create a program to incentive yaze private developers to install solar panels. No detail of the proposed project were available. I move the amendment be approved.
[Unknown]
Thank you, Senator. The question is shall item 120 number one be agreed to. All those in favor of the motion will say aye, those opposed no. The ayes have it. Item 120, number one, is agreed to. On Page 38, item 129, number one. The Senator mecklenberg.
[Unknown]
Mr. President, the introduced budget included 250,000 in general funds each year for the city of Portsmouth for the Virginia sports Hall of fame and museum. The committee added an additional 250,000 the first year for additional support. The museum's nine exhibit areas showcase Virginia 's olympians, current Virginia sports events, Virginia 's greatest sports moments, sports medicine and health, sports media and pour. I move the amendment.
[Unknown]
Thank you, Senator. The question is shall item 129 number one be agreed to. All those in favor of the motion will say aye, those opposed no. The ayes have it. Item 129 number one is agreed to. Moving forward to Page 85. Item 284, number one. The Senator from Augusta, Senator Hanger .
Emmett Hanger
Thank you, Mr. President. Item 284 number one would establish a joint subcommittee from the relevant committee on health in the House and the Senate and then the appropriations and finance committee, eight members, legislative members, to look at our -- the entirety of our healthcare delivery system. As we're all aware, we have been working on to a certain extent on reworking our healthcare system. This would be a brad-based study -- broad-based study looking at all aspects of access, funding, and equal of our healthcare delivery system. So I would move that we accept the amendment.
[Unknown]
Thank you, Senator. The question is shall item 284, number one, be agreed to. All those in favor of the motion will say aye, those opposed no. The ayes have it. Item 284, number one is agreed to. On Page 98, item 306, number nine. The Senator from -- the Senator from Portsmouth .
[Unknown]
Yes, sir. Mr. President, I don't have any problem with the item 306, number nine. I merely pulz it out of the block so I might be able to abstain pursuant to rule 36.
[Unknown]
Thank you, Senator. It will be so reflected. The question is shall item 306 number nine be agreed with. All those in favor of the motion will say aye, those opposed no. The ayes have it. Item 306 number nine is agreed to. On Page 148, number 365, number one. The senior Senator from Virginia beach, Senator Wagner .
Frank Wagner
Mr. President, this eliminates the governor's proposal to extend wi-fi services in our park system throughout the commonwealth of Virginia .
[Unknown]
Make a motion -- thank you,
Frank Wagner
Move the amendment be Senator. Accepted.
[Unknown]
Thank you, Senator. The Senator from Fairfax city, Senator Petersen .
Chap Petersen
Speaking against the amendment.
[Unknown]
Senator has the moore.
Chap Petersen
Mr. President, ladies and gentlemen of the Senate, this is clearly one of the smaller items I get that, it's not medicaid in the budget. Expansion, but I will say that one of the things about our state parks that have been a great improvement over the past ten years, and I 've been visiting the state parks and I spend a week there almost every year, you know, dating back, gosh, since we've had kids, and is that more and more yourve able to get wi-fi, which means you can get in touch with your office. Now, I know you guys are thinking, gosh, suck it up and just sit in a tent and everything, but I got a life, okay? I don't know about you all, but the bottom is, it's not as easy as you think and having that wi-fi connection does make it easier to maintain domestic tranquility and let your daughter in. I'm just saying, you know, I 'm not saying everyone is as soft as my family is, but the bottom line, I think for the economic health of our family, let's have wi-fi in the parks. And you know what? If you want to be hard core, like leo decapriee, you don't have to connect. There you go. [ captioning will resume shortly ]
[Unknown]
Item 3871s pass. >> Mr. President, this language amendment does two simple things. Allows abc stores to open at noon on Sunday instead of the current 1:00. And allow abc stores to open on new years day when as now they are closed. Mr. President, we estimate this will return almost three quarters of a million dollars to the state treasury by allowing the small openings that will enable us to fund a number of important things that you found elsewhere in the budget like medical facilities or other projects in the areas people might find important. The question is item --
[Unknown]
Thank you.
[Unknown]
Mr. President.
[Unknown]
I'm sorr --
[Unknown]
Thank you, Mr. President. Although I 'm not enthusiastic about the commonwealth being in the liquor business, there's multiple reasons I wanted to pull this amendment. If you read the language on d, notwithstanding section 4.1-120 code of Virginia, this is legislating in the budget right there. That section, if you pull it up on lis, go to the bottom of the Page and see the last two times it was amended, 2008, it was amended. This body had a pretty close vote. That's what allowed some localities abc stores in some localiies to sell liquor on Sunday. Then a few years later in 2012, it was amended again to move to the 1:00 in other places and give it to the board to decide and that was another pretty close vote in this body. And now, it looks like we're probably going to override those compromises that were agreed to even by close votes in the not that distant future, probably on unrecorded voice vote now. So I hope some of you will join me in voting no against this. If you are actually folks that will vote against this, a lot more than 8 of you voted against the last two bills and still on the body. Here's an opportunity to register your thoughts on it. Thank you.
[Unknown]
Thank you. The question is item 387 number 1 be agreed to. All in favor will say aye.
[Unknown]
Aye.
[Unknown]
Those opposed, no.
[Unknown]
No.
[Unknown]
Ayes have it. Item 387 number 1 is agreed to.
[Unknown]
On Page 162, item 415 number Senator from Hanover .
[Unknown]
I move item 415 number 1 pass in speaking to the motion.
[Unknown]
Senator has the floor.
[Unknown]
Mr. President, in the introduced budget, the governor had language that would close our two state correctional 1. Facilities and would build two additional correctional facilities. And Mr. President, I think a little background is probably needed for the members who have not been intimately involved in this discussion. Mr. President, in juvenile justice, we've made some tremendous strides over the years. We have reduced the population of inmates in our correctional facilities to by the end of the year almost 300 individuals. That's a dramatic, dramatic drop from where we were. Mr. President, over the last couple years, we have closed four facilities. Culpepper, natural ridge, oak ridge, and Mr. President, we even closed a facility in my district, Hanover barrett learning center. Mr. President, the effort that department of juvenile justice is under going now is one where they are trying to return more services to the localities where the kids are to make sure that they don't end up at the department of juvenile justice. With the number of inmates we are going to have in the system by the end of the year, we do not have enough capacity to have two facilities the size of the ones we do now and we need to be looking at new opportunities that fit with the research that occurred of the best models in order to practice. That would be to come up with systems closer to where the kids live and ones that have additional mental health and services provided. Mr. President, the amendment as it was proposed in the budget would build two new facilities and close the two current ones. The language that you see before us takes a more measured approach. We're working to consolidate two facilities. In doing that, hopefully, we will be able to assume all of the employees or vast majority of those in the current facilities into one by doing it over a measured approach. Bring in additional individuals to have the conversation about mental health and make sure they are present so that we are making the best decision on services and be more reflective about where a new facility might be located because there are discussions about a number of different places where that could be. With that explanation, Mr. President, renew the motion the amendment pass.
[Unknown]
Thank you. The Senator from Richmond city.
[Unknown]
Mr. President I rise in speak in opposition.
[Unknown]
Thank you, Mr. President,
[Unknown]
You have the floor. Ladies and gentlemen of the Senate. I very much appreciate the measured approach taken to this issue by -- in this budget as well as by the department of juvenile justice. The Senator from Hanover is absolutely right in the last couple decades, we've seen a decline in need for the number of beds for juveniles in our correctional facilities and that's resulted in the closure of a number of those facilities. The reason that I rise today to speak in opposition to this budget amendment is because the two remaining juvenile detention centers in the commonwealth reside in my district. One in Chesterfield and the other in pow atan. And while I appreciate the measured approach of this proposed budget, it very well May result in the eventual phasing out of the beaumont juvenile detention center in powatan. I have the honor of representing in the state Senate. It is to the west of Richmond. It is a rural county. Largest employer is the public school system. But the jobs that are provided by the beaumont juvenile corrections center are a vital part of that community. And so I hope that we will reject this budget amendment. And regardless of the outcome, I look forward to continuing to work with my colleagues here in the Senate and across down the hallway on finding ways to lessen the impact on these individuals and those jobs.
[Unknown]
Thank you, Senator. The Senator from western Fairfax County .
[Unknown]
Thank you, Mr. President. I rise to speak in favor of the amendment and commend Senator McDougle and his committee members in public safety. We've made tremendous strides. The fact we reduced so many bed needs in our juvenile correctional system. Reusing evidence-based practices. We're using risk instruments to determine the level of services and the level of security these individuals need. We've been able to close a number of facilities. And what this is going to do is place young people closer to their home inside the many vacant beds we have and local juvenile detention homes which means jobs. Not large numbers of jobs but jobs in many of the Senate districts around the commonwealth. Unfortunately, these large correctional facilities just don't work. The recidivism rates are hovering around 80% in these facilities. We now have the knowledge and the skills, we now have the abilities to put these young people out in better treatment programs and prove our public safety while continuing to have them in secure confinement where they don't pose a threat to the public at large. This is an amazing transformation taking place. And I appreciate the fact the Senate is moving along in that direction. And I would urge all the members to vote in favor of this amendment.
[Unknown]
Thank you, Senator. The question is item 415 number 1 be agreed to. All in favor say aye.
[Unknown]
Aye.
[Unknown]
Those opposed say no.
[Unknown]
No.
[Unknown]
415 number 1 is agreed to.
[Unknown]
Page 201, item c-0 number 1. Senator from James city county. Senator norman.
[Unknown]
Be agreed to in speaking to that motion.
[Unknown]
Senator has the floor.
[Unknown]
Mr. President, what this amendment does is deals with the difference between design, built and a traditional approach on construction including and focusing on higher education. Traditionally, there is a designer of a project that is independently retained and then there is a contractor that is appointed. What this does is it deals with a design built where you have both a contractor and a designer that are under a single contract. Some of you May recall back in 2007 we did the reforming of higher education and we created three levels of institution. Level one, two and three. With level three having the greatest degree of autonomy. What this amendment does is level one and level two will continue -- excuse me, will have to receive approval from dgs, department of general services, prior to design bill project. Further requires that all entities including higher education, the commonwealth of Virginia are going to report on the existing general fund supported projects and what this will do is provide appropriate oversight while completing the construction of procurement report that is currently required under the 2015 acts of the general assembly. So with that, would ask the body to accept and approve this budget amendment.
[Unknown]
Thank you, Senator from Prince William. Senator McPike .
Jeremy McPike
Rise for a question from James city county. This language and this bill was addressed by general wells committee and, in fact, voted by a vote of 15-0. Is this the same language of Senate bill 586?
[Unknown]
I'm sorry, would the Senator from James city --
Jeremy McPike
Thank you, Mr. President. It is not the same language but deals with the same concern.
[Unknown]
Senator from prince Williams .
Bill Howell
Mr. President, the gentleman from mecklenberd yield for a
[Unknown]
I yield. Question.
[Unknown]
He yields.
[Unknown]
Not only would the report continue this year but we also do follow up work to have the understanding of the performance measures and issues involved with the additional collection of data prior to this language?
[Unknown]
Mr. President, the legislation from last year began a study of -- there was concern maybe some of the universities were not paying a whole lot of attention to that study. That was the reason we had different legislation this year. What this bill does is closely focuses the attention on that issue so we have more details as we move forward.
[Unknown]
Mr. President, speaking in opposition to the amendment.
[Unknown]
Senator has the floor.
[Unknown]
This amendment conflicts with a vote of 15-0 out of committee to continue this with additional citing, this is a direct up front by all committee members to continue this. I understand where the gentleman is going with this but we had a process of the committee to address this and encourage the body to reject this. Thank you very much.
[Unknown]
Item c-0 number 1 be agreed to. All in favor say aye.
[Unknown]
Aye.
[Unknown]
Those opposed, no.
[Unknown]
No.
[Unknown]
The ayes have it. C-0 number 1 is agreed to.
[Unknown]
On Page 211, item 3-1.013. Number 3.
[Unknown]
Mr. President.
[Unknown]
Thank you, Senator. From Hanover .
[Unknown]
I move that item 3-1.013 pass in speaking to the motion.
[Unknown]
Senator has the floor.
[Unknown]
Mr. President, this is spending the almost three quarters of a million dollars for the abc stores opening one hour earlier than what they do now on Sunday. So if you want to vote against it, I would suggest you find a facility or location in your area with which to give back the
[Unknown]
Thank you, Senator. Money.
[Unknown]
Item 3-1.01 number 3 be agreed to. All in favor say aye.
[Unknown]
Those opposed, no.
[Unknown]
Aye. The ayes have it. The motion is agreed to.
[Unknown]
On Page 215, item 3-5.03 number 1. The Senator from lynchberg. Senator Newman .
Steve Newman
Mr. President, I move item 3-503 number 1s pass in speaking to that motion.
[Unknown]
Senator has the floor.
Steve Newman
Mr. President, as is normally the case, we received the governor's reestimates of the revenues late into the this time when the governor came session. Back to us with his newest mates, there was a total decline in the sales tax number of about $30 million. If you back that into the portion that relates to our subcommittee on education which goes into this public education standards of quality local real estate property tax relief fund, it ends up being over $3 million. This was a requirement that we back that amount of money out of that budget. I hope we would pass the amendment.
[Unknown]
Thank you, Senator. Item 3-5.03 number 1 be agreed to. All in favor will say aye.
[Unknown]
Aye.
[Unknown]
Those opposed, no. The ayes have it. Item 3-5.03 number 1 is agreed to.
[Unknown]
Moving forward to Page 219. Item 3-5.14 number 3. The Senator from James city county, Senator Norment .
Tommy Norment
Mr. President, I would move that item 3-5.14 --
[Unknown]
Senator has the floor.
Tommy Norment
Ladies and gentlemen, this is air b and b amendment that a considerable amount of time was spent on the patron of the underlined legislation and I have talked and do not intend to debate it again that it has been thoroughly vetted and everyone understands it based on the prior discussions. It is an emerging technology and what this amendment seeks to do is to delay the enactment of that pending examination study by the housing commission. You will recall there was a companion bill that was carried by the junior Senator from Virginia beach which was referred to the housing commission for a study. So Mr. President, with that explanation, I would ask that the committee amendment be agreed to.
[Unknown]
Thank you. Senator Vogel .
[Unknown]
Thank you, Mr. President. I would ask the members of the body reject the amendment for the reasons that were stated earlier in a very long florida debate. The Senator said we wouldn't debate it. It's 503. We have hours left. We can certainly take this up again. Actually, that is not my intent. But I would say that this body both in the general laws committee and finance committee fully heard the under lying substance and under lying policy and voted that bill out. And I would hope the body would not decide to under mine a bill that just passed with a budget amendment. Please reject the budget amendment. Thank you.
[Unknown]
The Senator from western Fairfax County. Senator morrison. Senator has the floor.
[Unknown]
If you are walking down the street and find $1,000 bill on the sidewalk, pick it up. Don't get into a debate whether you ought to bend over or stoop down. We can fix these things later. Let's start collecting the revenue.
[Unknown]
Senator from Buckingham. Senator Garrett .
Tom Garrett
I suggest that this process by which a bill that was passed by the body is going to be under mines. -- under mined. And ask we reject the budget
[Unknown]
Thank you, Senator. Amendment. Item 3-5.14 number 3 be agreed to. All in favor of the motion will say aye.
Tom Garrett
Aye.
[Unknown]
Those opposed, no.
[Unknown]
No.
Bill Howell
There will be a recorded vote. The question is item 3-5.14 number 4 be agreed to. All in favor will record their votes aye. Have all the senators voted. Any senators desire to change a vote? The clerk will close the roll.
[Unknown]
Ayes 21, nos, 19.
[Unknown]
The amendment is agreed to. Page 220. Item 3-6.05 number 1.
[Unknown]
Thank you, Mr. President.
[Unknown]
Senator.
[Unknown]
Having been such an outstanding advocate for my bill on the last vote, I would ask that you accept this amendment. There is no change in policy. I want to emphasize item 3-6.05 number 1s. This is technical only. And what it does is eliminates language related to finds and fees that refer to the year 2015. So there's no change at all. With that, I would ask that you please accept the amendment.
[Unknown]
Thank you, Senator. Senator from Grayson .
[Unknown]
Real quickly. When you speak of no change, is it the same formula that we used in 2015? But yet there's an additional percentage taken that's sent back to the state; is that correct?
[Unknown]
Thank you, Mr. President. Yes, that is absolutely correct.
[Unknown]
Thank you.
[Unknown]
Senator from Fairfax .
[Unknown]
Yield for a question.
[Unknown]
Senator yield for a question?
[Unknown]
I yield.
[Unknown]
I would ask the general lady, is this the fines and fees, is this tickets by local law enforcement for people that are speeding?
[Unknown]
Mr. President, yes, it is.
[Unknown]
Further question.
[Unknown]
Senator yield for an additional question?
[Unknown]
Yes, I yield. Sorry.
[Unknown]
I would ask the lady, I understand striking quote out dated language, would that out dated language be for the benefit of local governments that catch these speeders and keep the revenues for themselves?
[Unknown]
That out dated language would be not to change any policy, not to change anything we're doing with fines and fees. Simply to remove technical change reference to the year 2015, if I 'm not mistaken.
[Unknown]
Further question. May I direct questions to staff, Mr. President, or is that not appropriate?
[Unknown]
The Senator --
[Unknown]
I guess, in the spirit of full disclosure, it's cryptic right here. I direct this to whoever. Right now, we've had a controversy if a ticket is written by a local police department or sheriff and that revenue oftentimes will be split between the locality or the amendment, it says we're keeping the status quo. But what is the status quo right now?
[Unknown]
Senator from Hanover .
[Unknown]
To answer the gentleman's question, Mr. President, the way that the original language was put out where there were three state, if we agree to this years, I believe it was a third the first year, 25% the second year. So the third language is still was the part that got captured in the budget. That year has already gone. That's what we're deleting out of the language now. So we'll be where that step process is. So whether the amendment passes or not will not affect the amount of fines and fees that are ultimately remitted back to the state but it does make the language read correctly.
[Unknown]
Further question, Mr. President.
[Unknown]
Would the Senator yield for additional questions?
[Unknown]
Understanding the policy stays the same, my question is what is the policy right now?
[Unknown]
Mr. President, I would answer the gentleman that above 65%, 25% of the dollars above that would go back to the state.
[Unknown]
Final further question.
[Unknown]
Yield for a further question.
[Unknown]
I yield.
[Unknown]
Of the 65% on top that the locality writes that tickets, they keep that revenue?
[Unknown]
The locality writes local ordinance up to 65% the locality keeps and next amount above that, a quarter will come back to the literary fund of the state above the 65%.
[Unknown]
I thank the gentleman.
[Unknown]
Thank you, Senator .
[Unknown]
Item 3-6.05 number 1 be agreed to. All in favor of the motion will say aye.
[Unknown]
Aye.
[Unknown]
Those opposed, no.
[Unknown]
No.
[Unknown]
The ayes have it. Item 3.6.05 is agreed to. The Senator from agusta, Senator Hanger .
Emmett Hanger
Thank you. In for the clerk, any four amendments? That's good. Mr. President, I move that the third constitutional reading be dispensed with and placed --
Bill Howell
All in favor will record their votes. Those opposed. Have all the senators voted? Any senators desire to change the votes? The clerk will close the roll.
Emmett Hanger
Ayes 38, nos 0.
[Unknown]
The motion is agreed to. The Senator from awe, gusta.
[Unknown]
I move Senate bill 30 pass and I would yield to the Senator from lynchberg.
[Unknown]
Senator Newman .
[Unknown]
I know the hour is late. There's a couple items I 'd like to share with the body. I know every year somewhere at your office you received a state spending on the budget. That comes back from jaylark. The last couple years, that's been strucktive. If you were able to go in and look at the state's spending as it relate today general fund and nongeneral fund, a number of things would jump out at you. One, there has been an increase in the nongeneral fund. That's something we don't get to control. That ends up being things like medicaid increases and we don't have much control over that. It also comes down to things like college education funding. Those dollars are dollars that we've asked colleges and universities to add more Virginia children and they've done it. And it ends up being more money. When families decide to invest in 529 money, it ends up going into the nongeneral fund. There's a number of those when we end up getting more gas tax from individuals buying more fuel, it goes into that fund. Probably, the most important thing that impacts me on this budget, you look tenon general fund. -- at the nongeneral fund. Over the last ten years, this body has actually reduced the general fund by 5% when you include the inflation and population games. Some of you, when you were young members like I was, we used to take bills to Senator hunter andrews and say one day would you ever pass my bill that says let's keep spending down below inflation and population. And he would pat us on our Head and send us on our way and we would never pass those bills. The fact is if you look at what we've been doing, even though the headline May say budgets over $100 billion. The fact is the part we control has been reserved carefully. And let me give you the most recent numbers. What does it do including this budget? We spent a little bit of money. It wasn't much. We spent a little bit of money this year. When you include the money we have, it's still below a half % down even if you take into account what we have here. Some people struggle with the budget that May be growing. If you look at the part we control, it's actually being restrained quite carefully. The other item is this: when you look in k-12 and some of us marked up our books and looking forward to those questions and some areas that didn't come, we did a lot of good things. This year, we had 2% of teachers. We finally rebench marked our k-12. That is something long over due. Supposed to be done earlier. Over $400 million slid off into localities for public education for the first time. We also in this budget for the first time put in $125 million in flexible money. We know the localities need to be unleashed from the requirements. That's the first time we've done that. When you look at the budget this time, over a billion dollars in one time money and we put over $600 million into the savings account. The fact is this Senate has been conservative and careful. If the budget estimates come in the way we hope they are, maybe next year will be a good year. If it doesn't, we aren't going to put it on a public education along with the other agency's state government. Mr. President, I know there's a lot of reason to speak highly of this budget and reflects the co-chairs and vision they supplied to us when we first got together and talked about the budget. As we go into a time when it's easy to talk about $100 billion, I hope we remember the portion we control has been controlled carefully. Mr. President, I hope we would pass this budget. It's a very fine budget.
[Unknown]
Thank you, Senator. Senator from Arlington .
[Unknown]
Thank you. I rise to speak to the motion.
[Unknown]
Senator has the floor.
[Unknown]
Thank you, Mr. President. I too am going to vote for this budget. The finance committee did a stellar job. You had tough decisions to make. It does pain me to hit that green button because medicaid expansion is not part of this budget. In the governor's budget he allocated $3 million in federal money to pay for medicaid expansion. It would have saved $157 million in our budget. All of us have gotten up. We've identified needs and once again, we're spending state dollars on many healthcare needs we could be spending federal dollars. We've all talked about medicaid expansion. And we know there are 400,000 individuals in the commonwealth who are uninsured and would be eligible for this program. We know that 70% are work. They are in jobs important to our communities. And yet we're ignoring the fact we can't afford to pay to go to a doctor. So they end up waiting until they are extraordinarily sick. Condition is quite serious. They take time off from work, go to the emergency room. They don't get good treatment. Condition is so far advanced, they don't get good outcomes. And you and I are paying for it. Our insurance premiums go up. We have to do something about this. 31 states are participating in medicaid expansion now including louisiana and arkansas. Why are we racing to the bottom here? This is just mind-boggling. It is very, very, very painful. It's difficult to explain. It's difficult for some of us, it should be to look our constituents in the eye and say I can't help you, you have to wait six months until there's a ram program that comes here to provide services or a medicare van that comes to give healthcare. That's not who we are as a commonwealth. That's not what we should strive to be. So I ask going forward that let's stop, let's stop spending $5 million a day in Virginia tax dollars that go to the federal government to support the expansion in 31 other states. Let's stop doing that. Let's acknowledge we do have people in the commonwealth who need insurance that we can provide this insurance through medicaid expansion and let's get on a path to doing that. So thank you for your indulgence. And again, I do know there's very positive things in this budget. I applaud the fact we're doing good things in mental health services for children. I applaud the fact thatinforms forking -- fostering futures -- many of us are going to try to solve problems and we care about the quality of life for all virginians and I appreciate all small efforts to move the state forward. Thank you.
[Unknown]
Thank you, Senator. The Senator from Stafford, Senator Stuart .
Richard Stuart
Thank you, Mr. President. Mr. President, I ask the genre reflect that I 'm abstaining pursue art to rule 36 on item 365 number 4s. But I 'll be voting on Senate bill 30 as a whole.
[Unknown]
Thank you. Will reflect that. The Senator from Hanover .
Richard Stuart
I ask reflect I will be abstaining on items number 138h, 1386s and 207 g but voting as a whole.
[Unknown]
Thank you. The Senator from Roanoke County. Senator Suetterlein .
David Suetterlein
Mr. President, to speak to the bill and also request that the journal reflect a few items. First, Mr. President, I ask the journal reflect while I 'm voting for 30, I am voting rule 36 on item 1-9. Vote nothing the negative on 991s. Voting in the negative on 109-2s. Voting in the negative on 387-1s. 3-101 -- is that okay?
[Unknown]
You don't need to go through that.
David Suetterlein
Thank you. I'll give that paperwork. I just want to speak to that. The way this process works out, it highlights what you oppose in the budget. And I hear several of the places I disagree with and the Senator from agusta and James city provide us with a pretty good budget. While I can't say I agree with 99% of it when he voted for budgets when there was just the 1% he didn't agree with. I appreciate where we went on a lot of policies. Especially on mental health. We went the correct way by reversing the position on cautawba. We made a lot of other good decisions you are already aware of. I'm not going to speak to that. I give that to the clerk. And thank them for the great work. Might not seem I 'm appreciative of a few of the items.
[Unknown]
Thank you, Senator. Senator Hanger .
[Unknown]
Thank you, Mr. President. Just very briefly. I don't intend to go any further with details in the budget. We've had a good conversation here this afternoon. I just wanted to respond briefly to some of the sentiment expressed which is held by a number of the members on both sides of the aisle here. As you are all aware, I certainly have supported accessing federal dollars in the past. I have to tell you at this point in time, I 'm yielding to the political realities of the moment. I think that's where we have to be. I'm not speaking in the state level in terms of the interaction between this body and the body down the Hall and the governor, I 'm talking about at the federal level. We have a rambunctios election. The leader says we're going to have a single pair system. So I 'm not sure where we're going with healthcare delivery system. I think he's figured out by now, that's not really a conservative position. The point being, that has to be resolved at the federal level and I want to work with all the members of this body as we prepare ourselves and set the table if the affordable care act survives, I think it needs changes. If the federal dollars are there, they are being taken from Virginia taxpayers, there will come a time where we'll want to access those dollars. For 2340u, we have a good budget and I urge you to support it.
[Unknown]
Thank you, Senator .
Bill Howell
The Senate bill 30 pass. All in favor of the motion will record their votes aye, those have all the senators voted? Opposed. Any Senator 's desire to change their votes. The clerk will close the roll.
[Unknown]
Ayes 38, nos 1.
[Unknown]
The bill passes. The Senator from James city county.
[Unknown]
Mr. President, just a couple comments, please, sir.
[Unknown]
You have the floor.
[Unknown]
First, on behalf of Senator Hanger and myself and all the members of the Senate finance committee, we're appreciative of the support. There's issues we can continue to have conversations about in the future and probably through conference. But two accolades, Mr. President. First of all, I think it is only appropriate if you all will join me to give appreciation to madam clerk who ran over 200 pages and did not take a pause. Thank you very much. [ applause ]
[Unknown]
Also, on behalf of Senator Hanger and myself, it is days like this I think all of us are reminded how blessed we are to have an extraordinary finance staff good direction, fine deliberation, terrific analysis and especially with the reconstitution this year of the finance committee and couple rookies like Senator Hanger and myself trying to find our way through this sometimes finance harass. How much Senator Hanger and myself and everybody on the finance committee appreciates them. If you all would join me in expressing appreciation to the entire Senate finance committee. [ applause ]
[Unknown]
The Senator from agusta, you have the floor. Thank you, Mr. President. Just a brief announcement related to the budget we just passed. This May seem premature. We typically go through a process and we still have that process to do. We have a budget that will be sent down and the House sending us their budget. And you get to the point where you reject certain things. They May accept our budget this year, Mr. President. So what I 'm about to share won't be helpful. But we would like to announce because the speaker of the House has made an announcement. We want to do this -- we want to make the announcement here as well. It is our intention to get to work early this year and comply with the calendar that allows all the members to have an adequate amount of time to review the report of the conference committee on the budgets. With that in mind, I 'd like to announce -- appropriate time the clerk will announce when we get to that point when she would do that. For now, Senator Norment and I will be part of that. And going to ask Senator Newman and ralph, Senator Saslaw to be a part of that. That will be our committee for both 29 and 30.
[Unknown]
Thank you, Senator. Is there any other business to come before the Senate ? The clerk will report any announcements on the desk.
[Unknown]
It is still Thursday February 25th. [ laughing ] first of all, if you have a yellow sheet, it must be turned in before you leave the chamber tonight or we will not accept it. So those of you with yellow sheets, turn them in before you leave the chamber tonight. The committee on agriculture conservation and natural resources will meet immediately upon adjournment in room Senate b. Subcommittee on public education will meet immediately upon adjournment third floor east conference room. Senators Carrico, Dunnavant -- well, it's past 5:00. The Virginia legislative Black caucus has been cancelled for this evening. Tomorrow, Friday, February 26th, the committee on rehabilitation and social services will meet at 8 a.M. In Senate room a, 8 a.M. Senate room a. This is a time change. The republican caucus will meet one half hour before session in Senate room 2. And the democratic caucus will meet one half hour before session in Senate room 1. In honor of Senator Madison marie, I just want to let all of you know the boys in the barbershop met and there's no such good thing -- such thing as a good snake whether it's an eastern guard error timber rattler because if you step on one and have a heart attack, you are dead regardless. [ laughing ]
[Unknown]
Thank you, madam clerk. The Senator with a quick
[Unknown]
We're going to meet at 830 announcement. Time on rehab. -- 8:30 on rehab. That's it.
[Unknown]
The Senator from lynch Berg .
[Unknown]
I move the Senate adjourn until 10 a.M. Tomorrow.
[Unknown]
Shall the Senate stand adjourned until 10 a.M. Tomorrow? All in favor say aye. The Senate stands adjourn until 10 a.M. Tomorrow. 10 a.M. Tomorrow.