03/02/2016 Senate Proceedings

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Index

HB127—00:00:40
HB148—00:00:34
SB278—00:01:14
SB553—00:00:46
SB555—00:00:54
SB595—00:00:42
SB732—00:00:40
SB445—00:00:36
SB731—00:00:32
SB612—00:00:14
HB467—00:01:20
HB944—00:00:50
HB158—00:00:30
HB481—00:01:38
HB944—00:02:20
HB879—00:00:30
HB168—00:01:02
HB227—00:01:22
HB326—00:00:34
HB325—00:00:40
HB326—00:00:14
HB325—00:00:40
HB326—00:00:12
HB325—00:00:40
HB326—00:00:34
HB325—00:00:40
HB326—00:00:20
HB325—00:00:40
HB328—00:00:10
HB326—00:00:16
HB328—00:00:40
HB326—00:00:18
HB325—00:00:40
HB588—00:00:30
HB227—00:00:28
HB588—00:01:06
HB538—00:00:40
HB588—00:00:14
HB703—00:01:04
HB875—00:04:04
HB912—00:20:47
HB1110—00:01:38
HB1213—00:13:49
HB1226—00:00:48
HB1229—00:02:02
HB1348—00:03:15
HB29—00:00:22
HB30—00:00:22
HB339—00:00:22
HB859—00:00:18
HB298—00:00:58
HB775—00:01:12
HB1305—00:01:08
HJ64—00:00:44
SR65—00:00:32
HB29—00:00:34
HB30—00:00:28
SB416—00:02:22
SB415—00:00:40
SB416—00:00:18
HJ64—00:00:42
HJ210—00:00:36
Sen. Tommy Norment (R-Williamsburg)—00:00
Sen. Tom Garrett (R-Lynchburg)—02:16
Sen. Bryce Reeves (R-Spotsylvania)—00:06
Sen. Siobhan Dunnavant (R-Henrico)—00:04
Sen. Scott Surovell (D-Mount Vernon)—00:04
Sen. Ryan McDougle (R-Mechanicsville)—00:04
Sen. Don McEachin (D-Richmond)—00:04
Sen. Tommy Norment (R-Williamsburg)—00:04
Sen. Jill Holtzman Vogel (R-Winchester)—00:06
Sen. Emmett Hanger (R-Mount Solon)—00:38
Sen. Jennifer Wexton (D-Leesburg)—00:04
Sen. John Cosgrove (R-Chesapeake)—00:48
Sen. Kenneth Alexander (D-Norfolk)—00:04
Sen. Emmett Hanger (R-Mount Solon)—00:04
Sen. Ryan McDougle (R-Mechanicsville)—00:02
Sen. Emmett Hanger (R-Mount Solon)—00:02
Sen. Kenneth Alexander (D-Norfolk)—00:00
Sen. Tommy Norment (R-Williamsburg)—00:04
Sen. Bill Carrico (R-Grayson)—00:27
Sen. Mark Obenshain (R-Harrisonburg)—05:20
Sen. Bill Stanley (R-Moneta)—00:04
Sen. Bryce Reeves (R-Spotsylvania)—00:06
Sen. Bill DeSteph (R-Virginia Beach)—00:26
Sen. Bryce Reeves (R-Spotsylvania)—00:00
Sen. Barbara Favola (D-Arlington)—00:02
Sen. Mark Obenshain (R-Harrisonburg)—00:06
Sen. Tommy Norment (R-Williamsburg)—00:06
Sen. Bryce Reeves (R-Spotsylvania)—00:00
Sen. Mark Obenshain (R-Harrisonburg)—02:38
Sen. Don McEachin (D-Richmond)—00:02
Sen. Mark Obenshain (R-Harrisonburg)—02:58
Sen. Chap Petersen (D-Fairfax)—00:02
Sen. Mark Obenshain (R-Harrisonburg)—00:04
Sen. Richard Stuart (R-Westmoreland)—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)—00:16
Sen. Creigh Deeds (D-Bath)—00:02
Sen. Mark Obenshain (R-Harrisonburg)—00:00
Sen. Creigh Deeds (D-Bath)—00:00
Sen. Mark Obenshain (R-Harrisonburg)—00:04
Sen. Creigh Deeds (D-Bath)—00:02
Sen. Mark Obenshain (R-Harrisonburg)—00:16
Sen. John Edwards (D-Roanoke)—00:04
Sen. Bill Stanley (R-Moneta)—00:05
Sen. Barbara Favola (D-Arlington)—00:04
Sen. Dick Black (R-Leesburg)—00:04
Sen. Ben Chafin (R-Lebanon)—00:04
Sen. Mark Obenshain (R-Harrisonburg)—04:10
Sen. Richard Stuart (R-Westmoreland)—00:08
Sen. Creigh Deeds (D-Bath)—00:04
Sen. Jennifer Wexton (D-Leesburg)—00:02
Sen. Richard Stuart (R-Westmoreland)—00:00
Sen. Jennifer Wexton (D-Leesburg)—00:02
Sen. Richard Stuart (R-Westmoreland)—00:06
Sen. Jennifer Wexton (D-Leesburg)—00:02
Sen. Richard Stuart (R-Westmoreland)—00:06
Sen. Jennifer Wexton (D-Leesburg)—00:00
Sen. Richard Stuart (R-Westmoreland)—00:02
Sen. Dave Marsden (D-Burke)—00:04
Sen. John Edwards (D-Roanoke)—00:04
Sen. Richard Stuart (R-Westmoreland)—00:04
Sen. John Edwards (D-Roanoke)—00:06
Sen. Mark Obenshain (R-Harrisonburg)—00:04
Sen. Richard Stuart (R-Westmoreland)—00:04
Sen. Roz Dance (D-Petersburg)—00:04
Sen. Mark Obenshain (R-Harrisonburg)—00:52
Sen. Ben Chafin (R-Lebanon)—00:04
Sen. Chap Petersen (D-Fairfax)—00:02
Sen. Tommy Norment (R-Williamsburg)—02:10
Sen. Emmett Hanger (R-Mount Solon)—02:12
Sen. Frank Wagner (R-Virginia Beach)—00:24
Sen. Emmett Hanger (R-Mount Solon)—00:14
Sen. Tommy Norment (R-Williamsburg)—00:04
Sen. Mark Obenshain (R-Harrisonburg)—00:04
Sen. Bill Carrico (R-Grayson)—00:04
Sen. Steve Newman (R-Forest)—00:16
Sen. Bill Carrico (R-Grayson)—00:02
Sen. Tommy Norment (R-Williamsburg)—00:02
Sen. Bill Stanley (R-Moneta)—00:50
Sen. Emmett Hanger (R-Mount Solon)—00:38
Sen. Jill Holtzman Vogel (R-Winchester)—00:04
Sen. Tommy Norment (R-Williamsburg)—00:06
Sen. John Edwards (D-Roanoke)—00:02
Sen. Bill Stanley (R-Moneta)—00:00
Sen. Tommy Norment (R-Williamsburg)—22:53
Sen. Jeremy McPike (D-Dale City)—00:04
Sen. Scott Surovell (D-Mount Vernon)—00:04
Sen. Steve Newman (R-Forest)—00:04
Sen. Tommy Norment (R-Williamsburg)—08:13
Sen. Mark Obenshain (R-Harrisonburg)—00:44
Sen. Bill Stanley (R-Moneta)—00:04
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Minutes

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

Prayer offered by The Reverend Bruce Lugn, Scottsville United
Methodist Church, Scottsville, Virginia

ROLL CALL OF MEMBERS: quorum present

Motion of Senator Ebbin dispensed with reading of Journal (33-Y
7-N)

COMMUNICATION FROM HOUSE (HN10301): reading waived (35?Y 5?N)

The House of Delegates has passed with amendments the following
Senate bills: SB 27, 137, 190, 308, 315, 468

The House of Delegates has passed with a substitute the following
Senate bill: SB 574

The House of Delegates has insisted on its substitute and has
requested a committee of conference on the following Senate bill: SB 230

The House of Delegates has rejected the substitute proposed by the
Senate to the following House bill: HB 1344

The House of Delegates has acceded to the request of the Senate for
committees of conference on the following House bills: HB 332, 646

The House of Delegates has refused to amend in accordance with the
recommendation of the Governor the following House bill: HB 143

The House of Delegates has acceded to the request of the Senate for
committees of conference on the following House joint resolutions: HJ 69, 84,
97, 112

The House of Delegates has passed the following Senate bills: SB
43, 89, 316, 381, 382, 460, 463, 464, 542, 664

The House of Delegates has agreed to the amendments proposed by the
Senate to the following House bills: HB 9, 643, 832, 919, 1068, 1223

The House of Delegates has agreed to the substitute proposed by the
Senate to the following House bill: HB 1147

Senate bills with House amendments and substitute placed on
Calendar

BILLS REPORTED

From Finance: HB 8A, 47S, 177, 180A, 287, 364, 389A, 450, 610S,
760A, 834S, 842A, 858S, 886, 961, 1017, 1087, 1102S, 1111, 1189, 1207

From Local Government: HB 367A, 883, 1114A, 1255S

From Privileges and Elections: SJ 182

On motion of Senator Norment, the Senate recessed at 12:23 p.m. to
reconvene at 12:50 p.m.

The Senate reconvened at 12:50 p.m.

CALENDAR

UNFINISHED BUSINESS - HOUSE

HB 127 - Senate insisted on substitute and requested committee of
conference (38-Y 0-N)

HB 148 - Senate insisted on amendment and requested committee of
conference (40-Y 0-N)

HB 332 - Conferees appointed: Senators Newman, Deeds and Carrico

HB 646 - Conferees appointed: Senators Cosgrove, Carrico and Barker

UNFINISHED BUSINESS - SENATE

SB 278 - House substitute agreed to by Senate (40-Y 0-N)

SB 553 - House substitute agreed to by Senate (40-Y 0-N)

SB 555 - House substitute agreed to by Senate (39-Y 0-N)

SB 595 - House amendments agreed to by Senate (40-Y 0-N)

SB 732 - House amendments agreed to by Senate (37-Y 2-N)

SB 445 - Senate acceded to request for committee of conference (40-Y
0-N), Conferees appointed: Senators McDougle, Vogel and Lucas

SB 731 - Senate acceded to request for committee of conference
(40-Y 0-N), Conferees appointed: Senators Hanger, Norment and Saslaw

SB 230 - Senate acceded to request for committee of conference
(40-Y 0-N), Conferees appointed: Senators Alexander, McDougle and Vogel

SENATE BILL VETOED BY GOVERNOR

SB 612 - Passed by for day

UNCONTESTED CALENDAR

HOUSE BILLS ON THIRD READING

HB1359 - Read third time, Carrico floor substitute (voice vote), Engrossed,
Passed Senate block vote (40-Y 0-N)

HB 25 - Read third time, Committee amendment agreed to (voice
vote), Engrossed, Passed Senate block vote (40-Y 0-N)

HB 373 - Read third time, Committee amendments agreed to (voice
vote), Engrossed, Passed Senate block vote (40-Y 0-N)

HB 582 - Read third time, Passed Senate block vote (40-Y 0-N)

HB 600 - Read third time, Passed Senate block vote (40-Y 0-N)

HB 616 - Read third time, Passed Senate block vote (40-Y 0-N)

HB 622 - Read third time, Committee substitute agreed to (voice
vote), Engrossed, Passed Senate block vote (40-Y 0-N)

HB 645 - Read third time, Committee amendment agreed to (voice
vote), Engrossed, Passed Senate block vote (40-Y 0-N)

HB 667 - Read third time, Committee substitute agreed to (voice
vote), Engrossed, Passed Senate block vote (40-Y 0-N)

HB 668 - Read third time, Passed Senate block vote (40-Y 0-N)

HB 854 - Read third time, Passed Senate block vote (40-Y 0-N)

HB 920 - Read third time, Passed Senate block vote (40-Y 0-N)

HB 924 - Read third time, Committee substitute agreed to (voice
vote), Engrossed, Passed Senate block vote (40-Y 0-N)

HB1101 - Read third time, Passed Senate block vote (40-Y 0-N)

HB1105 - Read third time, Passed Senate block vote (40-Y 0-N)

HB1160 - Read third time, Committee amendment agreed to (voice
vote), Engrossed, Passed Senate block vote (40-Y 0-N)

HB1281 - Read third time, Passed Senate block vote (40-Y 0-N)

HB1334 - Read third time, Passed Senate block vote (40-Y 0-N)

HB 98 - Out of block, Passed by for day

HB 467 - Out of block, Read third time, Passed Senate (40-Y 0-N)

REGULAR CALENDAR

HOUSE BILLS ON THIRD READING

HB 944 - Stricken from Senate calendar (26-Y 14-N), Reconsideration
of stricken from calendar agreed to by Senate (39-Y 0-N), Stricken from Senate
calendar (38-Y 1-N)

HB 158 - Passed by for day

HB 481 - Read third time, DeSteph floor amendment agreed to (voice
vote), Engrossed, Passed by for day

HB 879 - Passed by for day

HB 168 - Read third time, Committee substitute agreed to (voice
vote), Engrossed, Passed Senate (33-Y 7-N)

HB 227 - Read third time, Committee substitute agreed to (voice
vote), Engrossed, Passed Senate (33-Y 5-N 1-A), Reconsideration of passage
agreed to by Senate (39-Y 0-N), Passed Senate (34-Y 5-N)

HB 326 - Read third time, Passed Senate (34-Y 5-N)

HB 588 - Read third time, Committee amendments agreed to (voice
vote), Engrossed, Passed Senate (36-Y 4-N)

HB 703 - Read third time, Committee substitute agreed to (voice
vote), Engrossed, Passed by for day

HB 875 - Passed by for day

HB 912 - Read third time, Obenshain floor substitute rejected
(voice vote), Passed Senate (37-Y 3-N)

HB1110 - Read third time, Committee amendments agreed to (voice
vote), Engrossed, Passed Senate (40-Y 0-N)

HB1213 - Read third time, Committee amendment agreed to (voice
vote), Engrossed, Passed Senate (39-Y 1-N)

HB1226 - Read third time, Passed Senate (37-Y 3-N)

HB1229 - Read third time, Passed Senate (36-Y 3-N)

HB1348 - Passed by for day

UNCONTESTED CALENDAR

HOUSE BILLS ON SECOND READING

HB 29 - Rules suspended, constitutional reading dispensed
block vote (40-Y 0-N), Read third time, Senate amendments substituted for House
amendments agreed to (voice vote), Passed Senate block vote (40-Y 0-N)

HB 30 - Rules suspended, constitutional reading dispensed
block vote (40-Y 0-N), Read third time, Senate amendments substituted for House
amendments agreed to (voice vote), Passed Senate block vote (40-Y 0-N)

HB 339 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Read third time, Committee substitute agreed to (voice vote),
Engrossed, Passed Senate block vote (40-Y 0-N)

HB 859 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Read third time, Committee substitute agreed to (voice vote),
Engrossed, Passed Senate block vote (40-Y 0-N)

HB 884 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Read third time, Passed Senate block vote (40-Y 0-N)

HB1191 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Read third time, Passed Senate block vote (40-Y 0-N)

HB 16 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

HB 64 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

HB 87 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

HB 240 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

HB 256 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

HB 307 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

HB 393 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

HB 420 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

HB 499 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

HB 568 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

HB 675 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

HB 700 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

HB 707 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

HB 711 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

HB 735 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

HB 741 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

HB 786 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

HB 817 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

HB 818 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

HB 820 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

HB 851 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

HB 910 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

HB1012 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

HB1013 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

HB1052 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

HB1108 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

HB1135 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

HB1146 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

HB1166 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

HB1228 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

HB1238 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

HB1259 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

HB1260 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

HB1263 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

HB1264 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

HB1288 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

HB1289 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

HB1318 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

HB1345 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

HB1376 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

REGULAR CALENDAR

HOUSE BILLS ON SECOND READING

HB 298 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Read third time, Committee substitute agreed to (voice vote),
Engrossed, Passed Senate (29-Y 11-N)

HB 775 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Read third time, Committee amendments agreed to (voice vote),
Engrossed, Passed Senate (30-Y 8-N)

HB1305 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Read third time, Committee amendment agreed to (voice vote),
Engrossed, Passed Senate (37-Y 2-N 1-A)

HB 2 - Rules suspended, constitutional reading dispensed block vote
(40-Y 0-N), Passed by for day

HB 220 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

HB 476 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

HB 685 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

HB 823 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

HB1016 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

HB1053 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

HB1237 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

HB1291 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

UNCONTESTED CALENDAR

HOUSE JOINT RESOLUTION ON THIRD READING

HJ 64 - Read third time

On motion of Senator Norment, the Senate recessed at 2:19 p.m. to
reconvene at 3:30 p.m.

 

 

Transcript

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

[Unknown]
The Senate will come to order. The senators will please take their seats. Those persons not entitled to the privileges of the floor will kindly retire to the gallery. The senators and all in attendance will stand and be led in prayer by the Reverend bruce lugn, scottsville united methodist church, scottsville. Reverend, welcome. Good afternoon, let us prepare your hearts for prayer. Almighty God we are thankful for this commonwealth and this nation. The people of Virginia have chosen these men and women into service to respond to the needs of the people. And we are thankful for their gifts of leadership. May the men and women of this body lead us with your presence, dear God, in paths of justice and mercy as the prophet of old spoken. Lord, we pray for life giving conversations in this body and May these conversations be taken in humility and with decency and respect among all people. Moo speech, May we -- in speech May we find words that are life giving and show fairness and dignity to others. Ethank you, God, for the variety of the human race. We thank you for other people's labor and love. We are glad that our experience is enriched by men and women from every walk of life of every color, language and belief. May we learn the most valuable lessons from life and become useful servants of our fellow human beings. We humbly seek your grace, oh God, amen.
[Unknown]
Amen.
Bill Howell
The clerk will call the roll, all those present will please vote aye. The clerk will close the roll.
[Unknown]
You have a quorum, Mr. President. Senator journal for Tuesday, March 1, 2016. Ever.
Bill Howell
The Senator from Alexandria, Senator Ebbin moves that the reading of the journal be waived. All in favor of waiving the reading of the journal please vote aye, opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
Adam Ebbin
Ayes 33, a new high of seven nos.
[Unknown]
Ayes 33, nos 7. The reading of the journal is waived. The clerk will report any communications from the House of delegates.
Adam Ebbin
The Senator from James city .
[Unknown]
Thank you, Mr. President. I respectfully move we waive the reading of any communications from the House of delegates.
Bill Howell
Thank you, Senator. The question is shall the reading of the communications from the House of delegates be waived. All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 35, nos 5.
[Unknown]
Ayes 35, nos 5. The reading of the communication is waived. The clerk will report any communications from the governor.
[Unknown]
We do not have any, sir.
[Unknown]
The time has come to welcome visitors to the gallery and take up other matters of the morning hour. The Senator from Buckingham, Senator Garrett .
Tom Garrett
Thank you, Mr. President. I rise for an introduction.
[Unknown]
The Senator has the floor.
Tom Garrett
Mr. President, joining us in the gallery today is the gentleman who performed this morning's in vocation and who has been a shepherd to my mother and father for a number of years and is a friend of my family, the Reverend bruce lugn and he is accompanied by his wife ail alexandra. I ask that we give Reverend bruce lugn the warm welcome of the Senate .
[Unknown]
Please rise. Withing to the gallery. Thank you for being here to get us off on a good foot and I realize you have to get on the road and hope you come back and visit us soon. I would ask the members of the Senate to join me in offering the Reverend and his wife the warm welcome of the Senate. [applause]
[Unknown]
The Senator from Buckingham, Senator Garrett .
Tom Garrett
Thank you, Mr. President. I also would welcome today some other very distinguished guests and specifically Mr. And Mrs. Dorsey freeman. Dorsey and tina freeman are great people in and of their own right. Mr. Freeman is a retired school teacher and was a mechanical engineer for years with reynoldss. They are the parents of my seat mate, freshman Senator amanda choice who has been a warm and welcome addition to the body. I would ask if we could join in giving them the warm welcome of the Virginia Senate .
[Unknown]
Thank you, nor. Would Mr. And Mrs. Freeman please rise. Thank you and thank you for allowing your daughter to serve in the Senate. She is doing great as a first year Senator. I know you all are proud of her and I hope you come back and visit often. I would ask the members of the Senate to join me in offering Mr. And Mrs. Freeman the warm welcome of the Senate. [applause]
Tom Garrett
The Senator from Buckingham, Senator Garrett .
Tom Garrett
Thank you, Mr. President. Finally today I welcome to the gallery of the Virginia Senate admiral Scott burhol. He attended the institute where he was not in the corps of cadets but studied sociology. He informed his father upon leaving Virginia tech he was interest the in a career in military service and hit father said any branch other than the army. He joined the united states coast guard and was place on the color guard detail I speculate perhaps due to his impressive stature. Throughout an impressive career with the coast guard he excelled in duty stations as diverse as new lebanon, connecticut, and fort lauderdale, florida and the united states coast guard academy. Upon leaving uniform active service the admiral continued to lead at one of the premier academic institutions in fort union Virginia. Truly a unique place and unique individual. I ask that we give the admiral the warm welcome of the Virginia Senate .
[Unknown]
Welcome to the gallery. And just a little bit of history. In my younger day I wanted to go to the coast guard academy and they thought otherwise. So I ended up at Virginia military institute in the army. What a great mission the coast guard has and thanks for the work you have done and the lives you helped and saved over years and also at fort union another straight institution and you have a lot to be proud of. We appreciate you visiting us. I would ask the members of the Senate to join me in offering admiral the warm welcome of the Senate. [applause]
Tom Garrett
The Senator from Spotsylvania, Senator Reeves .
Bryce Reeves
Thank you, Mr. President. I rise for an introduction.
[Unknown]
The Senator has the floor.
Bryce Reeves
Ladies and gentlemen, in the gallery today and probably probably in Senate room 3 I am told is the Virginia virtual academy. The Virginia virtual academy is a k-7 school that provides students with a world class education online. We had discussion about that here in recent years. It is no different than the traditional brick and mortar schools with certify teachers and a high quality curriculum and students who participate in the sols. If I could talk it would be occasion the parents, teachers and students are here today at the capitol remote. I would ask that you would give them the warm welcome of the Senate .
[Unknown]
Thank you, Senator. Would members from Virginia virtual academy if there are any in the gallery would you please rise? Welcome to the gallery and I suspect we have some in the other viewing room, Senate room what great educational options 3. And opportunities we have in the commonwealth and we thank you all for being here today to advocate for the Virginia virtual academy. I would ask the members of the Senate to join me in offering members from Virginia virtual academy 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
I would like you to welcome today a close family friend and an intern who has given up her spring break to spend the week here with me, grace metzger and her government teacher, June lehman. Please give them the warm welcome of the Senate .
[Unknown]
Would you please rise. Welcome and I hope you all are having a great experience and what a wonderful opportunity you have to work with Senator Dunnavant and I know you are learning a lot. It is great of you and she said to spring give up your spring break and joan us and learn how policy is made. Hope you get a little bit of down time before you get ready to get back to school. I would ask the members of the Senate to joan me in offering Ms. Grace metzger and June lehman the warm welcome of the Senate. [applause]
[Unknown]
The Senator from eastern Fairfax County, Senator Surovell .
Scott Surovell
Thank you, Mr. President. I rise for an introduction.
[Unknown]
The Senator has the floor.
Scott Surovell
Thank you, Mr. President. Lane of the Senate joining is us in the alliancery we are joined by a group of future leaders from the Virginia department of behavioral health and developmental services. Part of a system a leadership development program with a department called system lead designed to get broad exposure to state government and competencies necessary to be a leader in the government. And attain key leadership positions within the department. Mr. President, I would ask you to give them the warm welcome of the Senate .
[Unknown]
Would members from system lead please rise. Thank you for be here and the work you are doing in being here today to advocate for those things that are important. We hope you have a wonderful afternoon in Mr. Jefferson's capital. I would ask the members to join me in offering the members of the system lead the warm welcome of the Senate. The Senator from Hanover, Senator McDougle .
Ryan McDougle
Rises for purposes of the introduction.
[Unknown]
The Senator has the floor.
Ryan McDougle
If you could offer the warm welcome of the Senate to allie, a special assistant to the clerk of the ohio House of representatives. Mr. President, ali is coming over to a less numerous and more productive body of the Senate to try to learn how things real will he should be done and even though she had the opportunity to train and staff and deliver messages between the House and Senate I don't think one can really understand the legislative process until you see how the less numerous body does it in a more productive and efficient manner. Mr. President, allie is here through the associate exchange program of the american society of legislative clerks and secaries and has been here for this entire week and please offer her the warm welcome and lots of educational opportunities in the Senate .
[Unknown]
I will. Thank you, Senator. Allie, thank you so much for being with us and I know you are visiting from ohio and we are so proud of our staff here and I am sure you have a wonderful staff in ohio but hopefully you have been able to learn some things and take those back and I know you have been able to share some ideas with us. Appreciate you being here and we are going to put you on the spot. I would ask the members of the Senate to please join me in thanking and also welcoming allie to the Senate of Virginia. Thank you. [applause]
[Unknown]
When madam clerk says to doing so, allie, we do it. So you learn. The senior Senator from Henrico, Senator McEachin .
Don McEachin
Mr. President, I rise for an
[Unknown]
The Senator has the floor. Introduction.
Don McEachin
Mr. President, as you know because you spoke to them earlier today we are being visited in the gallery by a group known as rolling for freedom. Mr. President, it is the brain child of a local community activist and local media personality Ms. Community clovia lawrence. They are in the gallery and I would ask that you give them the warm welcome of the Senate .
[Unknown]
Would clovia and all of the members of rolling for freedom please rise. Welcome to the gallery of the Senate. I enjoyed seeing you this morning and thanks for all you do in advocating for those things that are important to us. It is great that you brought some young folks in here because this is all about their future and they need to learn the process and what it is all about when we make policy in poll Richmond. Hope you all have a wonderful afternoon. I would ask the members of the Senate to join me in offering clovia and members from rolling for freedom the warm welcome of the Senate. [applause]
[Unknown]
Is there any other business for the morning hour? The Senator from James city cou.
[Unknown]
I would now respectfully move that the Senate stand in recess until 12:30 and if the Senate leadership would meet in the old Senate chambers and I would yield to the junior Senator from Henrico. Excuse me. The senior Senator from Henrico. I apologize.
[Unknown]
If the Senate democrats could meet in the conference room in the back, please.
[Unknown]
Just a second. Senator Vogel, did you want to -- [no audio] the Senator from Fauquier, Senator vogue. >> Thank you, Mr. President. I rise for an introduction.
[Unknown]
The Senator has the floor.
[Unknown]
I am delighted to inform the members of the body that I have I believe about 50 visitors from the Fauquier County public schools who are visiting here today. And I was looking for them in the gallery and I realized that they are not in the gallery but I realize why because there are too many to squeeze into the gallery and I believe they are watching in one of the other rooms and I understand they were here and got a capitol tour and they will be doing fun things around the capitol. I wanted to make a moment and extend them the very, very warm welcome of the Senate and hope that they have a wonderful day visiting Richmond and thomas jefferson's capitol. Thank you, Mr. President.
[Unknown]
If there are any members of Fauquier County schools in the gallery, please rise. We have some. That is great. I know there May be others viewing from Senate room three. Thanks for being here today and I hope you all had a great tour as you have probably seen already there is a tremendous amount of history here in Richmond so we hope you have been able to appreciate that and hope you come back and visit us soon. I would ask the members of the Senate to join me in offering members from the Fauquier County schools the warm welcome of the [applause] Senate .
[Unknown]
And perhaps others in the gallery that are visiting today that I have. Recognized but we certainly welcome you to the Senate gallery today. And I hope you come back and visit us soon. If there is no further business, I would move or report that the Senate will stand in recess until 12:35. [gavel pounding] [Senate in recess]
[Unknown]
The Senate will come to order. The clerk will please call the calendar.
[Unknown]
Senate calendar for Wednesday, March 2, 2016. Unfinished business, House. House bill 127. The House has rejected the Senate substitute.
[Unknown]
The Senator from Augusta, Senator Hanger .
Emmett Hanger
Thank you, Mr. President. I move that the Senate insist on its amendment and request a committee of conference.
[Unknown]
Thank you, Senator. The request he is shall the Senate insist on its substitute and request a committee of conference. 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.
Emmett Hanger
Ayes 38, nos 0.
[Unknown]
Ayes 38, nos 0. The motion passes.
[Unknown]
House bill 148, the House has rejected the Senate amendment.
[Unknown]
The Senator from Augusta, Senator Hanger .
Emmett Hanger
Thank you, Mr. President. I move that the Senate insist on its amendments and request a committee of conference.
[Unknown]
Thank you, Senator. The question is shall the Senate insist on its amendment and request a committee of conference. 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.
Emmett Hanger
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The motion is agreed to.
[Unknown]
On House bill 332, the House has acceded to a request he for a committee of conference. Senator Obenshain senators Newman, Deeds and Carrico. On House bill 646, the House has acceded to the request for a committee of conference. Con fears on the part of the Senate as named by the chairman of education and health, Senator Newman, senators Cosgrove, Carrico and Barker. Unfinished business, Senate. Senate bill 278 passed House with a substitute.
[Unknown]
The junior Senator from Loudoun, Senator Wexton .
Jennifer Wexton
Thank you, Mr. President. I move that we accept the House substitute and speaking to that motion.
[Unknown]
The Senator has the floor.
Jennifer Wexton
Ladies and gentlemen, this bill was my bill that would close the loophole for licensed daycares making it clear that not only could they not hire but also not maintain in their employment people who were convicted of barrier crimes during that period of employment and the House of delegates liked it they expanded to include other facilities included under the chapter, assisted living facilities, adult daycare centers and child welfare agencies and I would ask that we accept that House substitute.
Bill Howell
The question is shall the Senate accept the House substitute. All in favor of the motion willn o. 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]
The Senator from Chesapeake, Senator Cosgrove .
John Cosgrove
I ask that we accept the House amendment. If I would speak to that floor.
[Unknown]
The Senator has the floor.
John Cosgrove
It make it chooer that the department of behavioral health services is going to promulgate regulations by the end of the year and bring back the recommendation to the general assembly. I think that is a good way to go and I hope you all accept the amendments.
Bill Howell
The question is shall the Senate concur with the House all in favor of the motion will. Substitute. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The Senate concurs with the House substitute.
[Unknown]
Senate bill 555 passed House with a substitute.
[Unknown]
The Senator from Chesapeake .
[Unknown]
Thank you, Mr. President. I ask that we accept the House amendments and speaking to those amendments, Mr. President.
[Unknown]
The Senator has the floor.
[Unknown]
They had earn concerns about figuring out whether or not an 18-year-old is still in school and easier to just to 18 years across the board so that is what the amendments have ton. We have worked with dmv and make sure that we don't treat 18-year-olds who can go in the military and fight for us but yet sometimes they can't get a driver's license and this fixd that problem. I hope you will accept the amendment.
Bill Howell
The question is shall Senate concur with the House substitute? All in favor of the motion will. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange the clerk will close the roll. Their vote?
[Unknown]
S1 39, nos 0. The Senate concurs with the his substitute.
[Unknown]
Senate bill 595 passed the House with amendments.
[Unknown]
The Senator from Norfolk, Senator Alexander .
Kenneth Alexander
I move that we accept the amendments and speaking to the --
[Unknown]
The Senator has the floor.
Kenneth Alexander
This bill relates to the store and of human remains and institutions other than funeral homes after 48 hours.
Bill Howell
Thank you, Senator. The question is shall the Senate concur with the House amendments. All in favor of the motion will. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The Senate concurs with the House amendments.
[Unknown]
Senate bill 732 has passed the House with amendments.
[Unknown]
The Senator from Augusta, Senator Hanger .
Emmett Hanger
Thank you, Mr. President. Senate bill 73 provides that an asifted living facility cannot be required to provide hospice care if they provide appropriate notices to their residents. I mo be that we concur with the House amendments which are technical.
[Unknown]
Thank you, Senator .
Emmett Hanger
The question is shall the Senate concur with the House amendment. All in favor of the motion will. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 37, nos 2.
[Unknown]
Ayes 37, nos 2. The Senate concurs with the House amendments.
[Unknown]
Senate bill 445. The House insists on its amendment and requests a committee of conference.
[Unknown]
The Senator from Hanover .
[Unknown]
I move that we accede so the request for the committee of conference. All in favor of the motion will. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The motion agreed to.
[Unknown]
Con fears on part of the Senate as named by the chairman of committee on finance senators Norment and Hanger are senators McDougle, Vogel and Lucas. Senate bill 731, the House in sits on its substitute and requests a committee conference.
[Unknown]
I move that the Senator accede to the House request.
[Unknown]
The question is Hall the Senate accede to the House request for a committee of conference. All in favor of the motion will. Have all the senators voted? Are the senators ready to vote? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The motion is agreed to.
[Unknown]
Confereey named by the cochairs of finance senators Norment and Hanger are senators Hanger, Norment and Saslaw .
[Unknown]
Bill: 230 the House has insist on its substitute and requested a committee of conference.
[Unknown]
The Senator from Norfolk, Senator Alexander .
Kenneth Alexander
Thank you, Mr. President. I concede that we concede to a committee of conference.
Bill Howell
All in favor of the motion wd 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.
Kenneth Alexander
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0, the notion agreed to.
[Unknown]
Conferees senators Norment and Hanger are senators Alexander, McDougle and Vogel. Senate bill vetoed by the governor, Senate bill 612.
[Unknown]
The Senator from Buckingham, Senator Garrett .
Tom Garrett
Thank you, Mr. President. I would ask that that bill go bye for the day.
[Unknown]
With that objection, Senate bill 612 will go bye for the day.
Tom Garrett
Uncontested calendar House bills on third reading.
[Unknown]
The Senator from James city .
[Unknown]
I respectfully move that all of the House bills on the third reading on p uncontestedcontestd calendar including House bills on pages 11 through 18 including House bill 98 through House bill 13 about 4 be placed on final adoption in the block after any object unto air moments. If any Senator desires to remove a bill from the block please do so after the clerk has read the number of the bill.
[Unknown]
Thank you, Senator. The question is shall the Senate bills on the uncontested third reading pages 11 through 18, House bill 98 through House bill 1884 be placed on final pass and in the block after the adoption of any amendments there to with the understanding any Senator desiring a bill be removed from the block do so after the clerk has read the bill. Those opposed, no. All in favor say aye. The ayes have it. The motion is agreed to. The bills are before the Senate block. The clerk will please read the number of the bills.
[Unknown]
House bill 98. The committee substitute adopted by the Senate .
[Unknown]
Mr. President,.
[Unknown]
The Senator from Chesapeake .
[Unknown]
Could House bill 98 go bye for the day, please.
[Unknown]
With that objection, House bill the 8 about come out of the block and bye for the day.
[Unknown]
House bill 1349 reported from the commit -- 1359 reported from the committee on transportation and there is is a floor substitute.
[Unknown]
The Senator from Grayson, Senator Carrico .
Bill Carrico
Mr. President, I would ask that we adopt the floor substitute.
[Unknown]
We were going to waive the reading first.
Bill Carrico
I ask that we waive the reading of the substitute.
[Unknown]
Thank you, the question is shall the reading of the floor substitute be waived. All in favor say aye. Those opposed, no. The ayes have it. Reading of the floor substitute is waived. The Senator from Grayson .
[Unknown]
Thank you, Mr. President. Just to explain briefly the bill and the substitute. This is the transit capital project revenue advisory board that will be a part of the department of rail and public transit to examine the effects of the loss of state transit capital funds. This board this advisory board will be in effect in only be in effect until July 1, 018 and itt will expire after that period of time. The floor substitute develops the proposal for a statewide prioritization and process for the use of transit funds that will be used for a six year improvement program and be developing a proposal for privatization within the transit state of good repair programs. And I would hope it would be the pleasure of the body to adopt the floor substitute.
[Unknown]
Thank you, Senator. The question is shall the floor substitute be agreed to. All in favor say aye. Those opposed, no. The ayes have it. The floor substitute is agreed to.
[Unknown]
Howell bill 25 reported from the the committee from courts of justice with amendment.
[Unknown]
The Senator from Rockingham, Senator Obenshain .
Mark Obenshain
I move that the committee amendment be agreed to.
[Unknown]
The question is shall the committee amendment be agreed to. All in favor say aye. Those opposed, no. The ayes have it. The committee amendment is agreed to.
Mark Obenshain
House bill 373, reported from the committee for courts of justice with amendments.
[Unknown]
The Senator from rock ham.
[Unknown]
Mr. President, I move that the committee amendments be agreed to.
[Unknown]
The question is shall the committee amendments be agreed to. All in favor say aye. Those opposed, no. The ayes have it. The committee amendments are agreed to.
[Unknown]
House bill 467 reported from the committee for courts of justice. House bill 582.
[Unknown]
Mr. President,.
[Unknown]
Senator Ebbin .
[Unknown]
Could b. 467 come out of the block.
[Unknown]
With that objection, House bill 467 will come out of the block.
[Unknown]
House bill 582 reported from the committee for courts of justice. House bill 600 reported from the committee for courts of justice. House bill 616 reported from the committee for courts of justice. House bill 622 reported from the committee for courts of justice with a substitute.
[Unknown]
The Senator from Rockingham .
[Unknown]
Mr. President, I move the committee substitute be agreed to.
[Unknown]
The question is shall the committee substitute be agreed to ayes now the substitute agreed to.
[Unknown]
House bill 645 reported from the committee for courts of justice with amendment.
[Unknown]
The Senator from Rockingham .
[Unknown]
If the guy talking to me would leave I would move that the committee amendment be agreed to.
[Unknown]
The question is shall the committee amendment be agreed to. All in favor say aye. Those opposed, no. The ayes have it. The amendment is agreed to.
[Unknown]
House bill 67 reported from the committee for courts of justice with substitute.
[Unknown]
The Senator from Rockingham .
[Unknown]
Mr. President, I move the committee substitute be agreed to.
[Unknown]
The question is shall the committee substitute be agreed to all in favor say aye. Those opposed, no. The ayes have it.
[Unknown]
House bill 66 reported from the courts of justice. House bill 854. House bill 920 reported from the committee on rehabilitation and social services and from the committee for courts of justice. House bill 924 reported from the committee for courts of justice with a substitute.
[Unknown]
The Senator from Rockingham .
[Unknown]
The question is shall the committee substitute be agreed to, all in favor say aye. Those opposed, no. The ayes have it. The substitute is agreed to.
[Unknown]
House bill 110 reported from the committee for courts of justice. House bill 1105 reported from the committee for courts of justice.
[Unknown]
House bill 1160 reported with ohms.
[Unknown]
I move the committee amendment be agreed to.
[Unknown]
The amendment has agreed to. House bill 1281 reported from the committee for torts of justice. House bill 1334 reported from the committee for courts of justice.
[Unknown]
Thank you, madam clerk.
Bill Howell
The question is shall the bills in the block pass except for House bills 98 and 467. All in favor of the motion will. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The bills in the block pass. Returning to Page 13. House bill 467. The Senator from Rockingham, Senator Obenshain .
Mark Obenshain
I move that the bill pass and speaking to the bill.
[Unknown]
The Senator has the floor.
Mark Obenshain
Mr. President, and members of the Senate this is a bill that my understand was originated at the request of local government in Roanoke. There is a apparently a greenway that goes by a rather unsightly manufacturing facility. As I recall, there was agreement by the manufacturer to convey some property in order for the greenway to be built and as a condition they wanted to make sure that they weren't going to get sued as presenting a nuisance, a visual nuisance for users of this beautiful walkway being constructed in the community. I'm not sure the extent of liability but in order to enable local government to be able to offer in nice amenity toilets amenity to itscitizens it seemea reasonable when have you. The question is shall House bill 467 pass. All in favor of the motion wills aye, those are the senators ready to vote? Opposed no. Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The bill passes.
[Unknown]
Regular calendar. House bills on third reading. House bill 944. A bill to address local ordinances concerning the installation or use of landscape cover materials until regulations have been approved as part of the statewide fire reported from the committee on prevention code. General laws and technology.
[Unknown]
The Senator from rocking
[Unknown]
Mr. President, with the Hall. Consent of the House patron I am asking this bill be stricken from the calendar.
Bill Howell
Thank you, Senator. The question is shall House bill 944 be stricken from the calendar. 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. >> Ayes 26, nos 14.
[Unknown]
Ayes 26, nos 14. The bill is stricken from the calendar.
[Unknown]
House bill 158 a bill relating to grass cutting in certain counties reported from the committee on local government.
[Unknown]
The Senator from Franklin County, Senator Stanley .
Bill Stanley
Thank you, Mr. President. Unlike my friend I have no similar motion. I would just ask that this grow a little bit more and go bye for the day.
[Unknown]
With that objection, House bill 158 will go bye for the
Bill Stanley
House bill 481 a bill day. Relating to compliance with detainers u.S. Immigration and compensation fund. Reported from the committee on rehab and social service with a substitute and the substitute was adopted by the Senate and we have a floor amendment.
[Unknown]
Mr. President,.
[Unknown]
The Senator from Spotsylvania .
[Unknown]
I would move the floor amendment given by the junior Senator from Virginia beach. If that is appropriate. Waive the reading.
[Unknown]
Yield to the junior Senator .
[Unknown]
I would be happy to yield to the junior Senator .
[Unknown]
Senator DeSteph .
[Unknown]
Mr. President, if I May, I would like to read the waiving of the floor amendment but explain what it does when appropriate.
[Unknown]
The request he is should the reading of the floor amendment be waived. All in favor say aye. Those opposed, no. The ayes have it. The reading of the floor amendment is waived. The junior Senator .
[Unknown]
Mr. President, the floor amendment adds a lawful detaper order which addresses the constitutionality concerns that were without up on this bill.
[Unknown]
Thank you, Senator. The question is shall the floor amendment be agreed to. All in favor say aye. Those opposed, no. The ayes have it. The floor amendment is agreed to. The Senator from Spotsylvania .
[Unknown]
Mr. President, I would ask that the bill be allowed to go bye for the day.
[Unknown]
Thank you, Senator. With that objection, House bill 481 will go bye for the day.
[Unknown]
Mr. President,.
[Unknown]
The Senator from Arlington, Senator Favola .
Barbara Favola
Thank you. Having voted on the prevailing side of House bill 944, I ask that we reconsider that vote. There was a motion to strike the bill and I would like that motion to be reconsidered.
Bill Howell
Thank you, Senator. The question is shall the vote by which House bill 944 was stricken from the calendar 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.
Barbara Favola
Ayes 39, nos 0.
[Unknown]
Ayes 39, nos 0. The motion agreed to. The Senator from Rockingham .
[Unknown]
Mr. President, I will renow w my motion and speaking to the motion. You know, when we have a patron who puts in a bill and asks that their piece of legislation be stricken, in my experience it is the tradition of the body to accede to the desires of the patron and in this instance the patron of this legislation has asked this to be stricken from the calendar. There was a similar piece of legislation that I carried that has actually been signed by the yesterday. Governor. As a consequence, moving forward on this even if you want to hang an amendment on it, it is not going in I anywhere. And in order to accommodate the desires of the patron on this bill, I would ask you to extend that courtesy to him to strike this bill.
[Unknown]
Thank you, Senator. The Senator from James city county, Senator Norment .
Tommy Norment
Thank you, Mr. President. Speaking in support of the renewed motion to strike. I and oblivious as to whether or not there is some humor attached to this process or plans there is something of greater substance to it. But I would just reiterate what the Senator from Rockingham has said and I would further said that reciprocity is a marvelous thing and I think we need to be mindful that this is perhaps not the best precedent to set by refusing to allow a patron to strike his or her own bill.
Bill Howell
Thank you, Senator. The question is shall House bill 944 be stricken from the calendar. All in favor of the motion will. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
Tommy Norment
Ayes 38, nos 1.
[Unknown]
Ayes 38, nos. The bill is stricken from the calendar.
[Unknown]
House bill 879. A bill relating to alcoholic beverage control farm wineries and limited brewery licenses land zone the agricultural. Reported from the the committee on rehabilitation and social services with a substitute and there is a floor substitute.
[Unknown]
The Senator from Spotsylvania .
[Unknown]
I hate to ask you but I need that bill to go bye then for another day.
[Unknown]
With that objection, House bill 879 will go bye for the day.
[Unknown]
House bill 168. A bill relating to passing stopped school buses mailing of summons. Reported from the committee contraption with a substitute.
[Unknown]
The no are from Rockingham .
[Unknown]
I mo be that the bill pass.
[Unknown]
We have a substitute.
[Unknown]
I move that the committee substitute be agreed to.
[Unknown]
Thank you, Senator. The question is that will the substitute buffalo bills be agreed to. All in favor say aye. Those opposed, no. The ayes have it. The substitute is agreed to. The Senator from Rockingham .
[Unknown]
I move the bill pass and does exactly what the title says that it does. Provides the locality authorized by ordinance the installation of video monitoring on school buses for unlawful passing and can execute a summons by mail.
Bill Howell
The question is that will House bill 168 pass. All in favor of the motion willy e, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange the clerk will close the roll. Their vote?
[Unknown]
Ayes 33, nos 7.
[Unknown]
Ayes 33, nos 7. The bill passes.
[Unknown]
House bill 227, a bill relating to here say exceptions -- hearsay exceptions regarding the admissibility of statements by children h certain cases reported from the committee from courts of justice with a is ubel.
[Unknown]
The Senator from Rockingham .
[Unknown]
Mr. President. I move that the bill pass.
[Unknown]
We have a --
[Unknown]
I am sorry. I will start paying attention now. I move that the committee substitute be agree growed to.
[Unknown]
The question is shall the committee substitute about he agreed to. All in favor say aye. Those opposed, no. The ayes have it.
[Unknown]
The Senator from Rockingham .
[Unknown]
I move that bill pass. This is a bill thatteiates a hearsay exception for out-of-court statements by children who are 13 younger in the cases of crimes involving sexual abuse and physical violence and neglect and a House companion introduced by the Senator from Hanover and conforms to best of my recollection to the Senator from Hanover 's bill and accordingly I move the bill pass.
Bill Howell
Thank you, Senator. The question is shall House bill 227 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]
Ayes33, nos 5, rule 36, one.
[Unknown]
Ayes 33, nos 5, rule 36, one. The bill masses.
[Unknown]
House bill 3 of a bill relating to obtaining electronic communication service or remote computing service records. Reported fromthe committee from courts of justice.
[Unknown]
The Senator from Rockingham .
[Unknown]
I move that the bill pass. Speaking to the bill. This bill deals with summon or subpoenas issued for certain records. These are not administrative subpoenas. These are subpoenas that are actually issued upon a hearing and concern in particular by electronic service provides internet service providers and others who receive these subpoenas for records like pin numbers or ip addresses, locations is that this he feel compelled in -- they feel compelled in some instances to notify their customers that they have received a subpoena. Most of these subpoenas, many involve predatory behavior and the concern is, of course, if those suspects receive notice they slap a magnet on the slide of the computer or do something else to destroy the evidence in an ongoing investigation. This prohibits the recipient of the subpoena from informing the account provider of the issuance of the subpoena for a 90 day period.
[Unknown]
The question is shall House bill 326 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 the clerk will close the roll. Their vote? Ayes 35 nos 5. >> The Senator from merc each. >> I mo be that we reconsider the vote, I mean the bill on Page 20.
[Unknown]
Thank you, Senator .
[Unknown]
Nor, you voted no on that bill. Do we neat to have someone vote on the prevailing side.
[Unknown]
Mr. President.
[Unknown]
The Senator from Franklin .
[Unknown]
Having vote on the prevailing side by which h.B. 227 was passed, I would reconsider the passage, sir.
Bill Howell
Thank you, Senator. The question is shall the vote by which House bill 227 passed be reconsidered. All in favor of the motion will. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 39, nos 0.
[Unknown]
Ayes 39, nos 0. The motion is agreed to. The Senator from Rockingham .
[Unknown]
Mr. President, I move that the bill pass having previously been explained.
Bill Howell
Thank you, Senator. The question is shall House bill all in favor of the motion wille 227 pass. S aye, those are the senators ready to vote? Opposed no. Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll. Ayes 34, nos 5. >> Ayes 34, nos 5. The bill passes.
[Unknown]
House bill 588. A bill relating to protective orders contacts, physical presence reported from the committee for courts of justice with amendments.
[Unknown]
The Senator from Rockingham .
[Unknown]
I move that the committee amendments be agreed to.
[Unknown]
The question is shall the committee amendments be agreed to. All in favor say aye. Those opposed, no. The committee amendments are the ayes have it. Agreed to. The nor from Rockingham .
[Unknown]
Mr. President, up move that the bill pass. This bill provides that an emergency protective order whe issued May hoe bib pit from being the in the company of about tigger and further defines physical presence as being intentional or intentionally maintaining direct visual contact with the petitioner or being within 100 feet from the petitioner's residence or place of employment.
[Unknown]
Thank you, Senator. The question is shall House bill 588 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 36, nos 4.
[Unknown]
Ayes 36, nos 4. The bill passs.
[Unknown]
House bill 70 about a bill relating to legal age for marriage emancipation petitions for minors intended to marry, written findings. Reported from the courts of justice with substitute.
[Unknown]
The Senator from Rockingham .
[Unknown]
I move that the committee substitute be agreed to.
[Unknown]
The question is shall the committee substitute about he agreed to. All in favor say aye. Those opposed, no. The ayes have it. The no are from Rockingham .
[Unknown]
Mr. President, I move that the bill pass. This is the marriage under 18 legislation I tended to address situation that was addressed earlier in session by the Senator from Fauquier and this conforms this bill to her version of the bill and with that I would yield to the Senator from Fauquier .
[Unknown]
The Senator from Buckingham .
[Unknown]
Mr. President, respectfully I would ask that this bill go bye for the day. With that objection, House bill 703 will go bye for the day.
[Unknown]
House bill 875 a bill relating to disclosure of real time location data in emergencies. Reported from the the courts of.
[Unknown]
Justis.
[Unknown]
The no are from Rockingham .
[Unknown]
I move that the bill pass and speaking to the bill. This bill provides law enforcement officers with the ability to receive and obtain real time location data from an electronic communication service, a cell phone provider or other remote computing service providers when the officer believes that there is an emergency involving immediate danger to a person and it is something that will give the providers some comfort in providing that information. It is not a bill that compels them to provide that information, but it facilitates the sharing of information in cases of emergency.
[Unknown]
Thank you, Senator. The Senator from Fairfax city, Senator Petersen .
Chap Petersen
The gentleman yield for a yes?
[Unknown]
Would the Senator yield for a question?
Chap Petersen
I yield.
[Unknown]
He yields, Senator .
[Unknown]
The gentleman described this in his remarks it would apply when there was an emergency and yet I am looking at line 76 and 77 where it strikes the reference to emergency involving danger to a person requires disclosure. So, in light of that language being struck could he explain his explanation.
[Unknown]
The Senator from Rockingham .
[Unknown]
I would endeavor to, however, I am just going to ask that this go bye temporarily while I take a look at the language or I yield to the Senator from Stafford .
[Unknown]
The Senator from Stafford, Senator stewart.
[Unknown]
I think if the gentleman looks at line 73 it says the investigate eastbound or law enforcement officer believes there is an emergency involving immediate danger. The language that was stricken is that the possessor of the real time data I .E. The phone company believes there is a real danger. This is putting it in the land hands of law enforcement if they believe someone is in danger.
[Unknown]
Further question, Mr. Chair.
[Unknown]
Would the Senator from Rockingham yield for an additional yes?
[Unknown]
I will. And if I need help I know where to find it.
[Unknown]
He yields, Senator .
[Unknown]
My understanding is that that refers to I believe a technology called stingrays where they track certain cars and they track you know, certain I guess cars it would be. And then typically we have tried to limit that technology from a civil liberties perspective and it looks like we are taking language out of the code that for better or for use puts some limitation on the use of that technology. Am I mistaken in that understanding?
[Unknown]
The Senator from Rockingham .
[Unknown]
I would say to the gentleman it deals with a number of technologies. The one most prom inently mentioned in the hearings is cell phones. It would allow a cell phone provider to provide location date and information. These are commercial entities who have data in using the cell phone company as an example if somebody has disappeared, and there is legitimate concern about their safety and law enforcement needs to obtain information as quickly possible they can ask. They can't compel the information under the legislation. Is simply permits them to ask and permits the provider to provide that. If they don't believe that there is an emergency for some reason they don't have to provide it.
[Unknown]
Mr. President, could this bill go bye for the day.
[Unknown]
With that objection, House bill 875 will go bye for the day.
[Unknown]
House bill 912, a bill relating to the department of transportation right to permit broadband service provider to install broadband conduit on public highways. Reported from the committee yo for courts of justice and there is a floor sub.
[Unknown]
The Senator from Rockingham .
[Unknown]
Mr. President, I move to waive the reading of the floor substitute.
[Unknown]
The question is shall the reading of the floor substitute be waived. All in favor say aye. Those opposed, no. The ayes have it. Snort from rockle ham.
[Unknown]
This bill deals with a certain category of roadways created by essentially public highways created by statute and these statutory roadways exist on private property. Property that is owned by individuals. So they have a fee interest in the.
[Unknown]
Under lying property upon which the roads were built. And the roads are the only use for which there is any ability for the property to be used and I suppose there was at some point a fair question as to whether you know, a property owner upon whose property that the road is built has suffered some kind of a taking. For the most part those property owners they don't care because it provides a significant advantage to them, it has been there since the beginning of time and most of the roads created under the statute provide the only means of ingress and egress for that piece of property. However, our constitutional property protections allow the taking of property for a particular reason. And in this instance if there has been a taking it has been taken for a road. For a transportation purpose only. And you know, I have got a lot of rural area in my district and I am extremely sensitive to the desires of rural broadband people who want rural broadband and I think this is a very creative way of trying to thread the needle and get rural broadband to people. This bill provides that in those roadways or in the rights of ways created under this statute that vdot can give permission for dropping fiber on my property or on your property. And you know, it May not seem like a big deal and it May not be a very big taking, but this is private property. And these are private property rights. And I am not operating under any illusion here that --
[Unknown]
Mr. President, would the gentleman yield for a question or two or three.
[Unknown]
Yield for a yes.
[Unknown]
I would yield.
[Unknown]
He yields, Senator .
[Unknown]
Mr. President, I would ask the gentleman if some of the floor amendment in the nature of the substitute contain the last words everything else is exactly the same.
[Unknown]
The Senator from Rockingham ?
[Unknown]
Mr. President, that is accurate.
[Unknown]
Mr. President would the gentleman yield for an additional yes.
[Unknown]
I yield.
[Unknown]
I ask if this amount was offered in committee?
[Unknown]
The Senator from Rockingham .
[Unknown]
Mr. President, this amendment was not offered in committee. There was no amendment offered in committee.
[Unknown]
Would the gentleman yield for an additional question.
[Unknown]
I yield.
[Unknown]
He yields, Senator. I ask if the floor amount is adopted wouldn't it make the bill in fact rendered a nullity.
[Unknown]
The Senator from Rockingham .
[Unknown]
Mr. President, it would not.
[Unknown]
The Senator from Bath .
[Unknown]
At the appropriate time I would like to speak to the bill.
[Unknown]
Speak to the floor substitute.
[Unknown]
Thank you. Please continue, Senator. Thank you, I appreciate the courtesy. Mr. President, what I would say to the members of the body is what this bill does or this amendment does is it cures the constitutional infirmity. We either care about property rights or we don't. And if there is a taking, no matter how big or small, it is a taking. And I am here to tell you that this bill as well intentioned as it is and May very well affect the extension of rural broadband in areas that need it and extend it to, but I am telling you it is unconstitutional and it is affect -- effecting an unconstitutional taking and I think we owe it to the citizens we are charged with protecting their constitutional rights we owe it to them to protect temperature against constitutional infringements large and small and in is a small infringement upon their constitutional rights without this language but make no mistake about it, it is infringing on their constitutional rights and you May make a determination it is not enough and the means justify the ends but it is just wrong. So what this language does is says that if a broadband provider is dropping fiber on one of these roads that they can't do this on this property unless they ask me. Vdot used to require the broadband providers to ask but they just quit requiring it and as a consequence I suspect that the broadband provider is are going to be able to lay fiber in a lot of areas if they are so inclined. I think a broader question is whether this bill is going to actually make a difference to a lot of rural broadband potential subscribers but this amendment will solve the constitutional infirmity of the underlying bill.
[Unknown]
Thank youness Senator. The Senator from Roanoke city, Senator Ebbin .
Adam Ebbin
Speaking to the floor amendment. I would hope the body would reject the floor amendment. This would absolutely gut the bill because it would require those broadband providers to obtain permission from each and every land owner. Can you imagine doing that? They are not going to do it. It is entirely too onerous to do that. Speaking tothe constitutional question, Mr. President, this general assembly passed that rubicon back in 1936. A bill passed that allows newspapers to basically piggyback the easements that the highway department has in putting down rural highways and provided that newspaper route boxes can be placed a long and on the rights of ways of public highways. It is not constitutional. It has been done before. And so somebody did it. 1936. That has never been challenged. Mr. President, I would hope we would go forward with this bill. It is much needed, not the amendment, take out the amendment but the bill itself and I will speak to that later is very important to the rural area of the commonwealth of Virginia .
[Unknown]
Thank you, Senator. The Senator from Franklin County, Senator Stanley .
Bill Stanley
Speaking to the floor amendment.
[Unknown]
The Senator has the floor.
Bill Stanley
Mr. President, you heard many times from me that what we are trying to do it change our chick fortunes in the rural area to which I represent and many people here represent. And talking and discussing with the bill I now understand there are at least six senators that claim to have more rural roads than anybody else who sits in this chamber. Five of us have to be not right. Be that as it May. What we are right about is the opportunity that this bill presents to bring that connectivity to information, to the world, for education, for health benefits to the rural areas that otherwise we don't I am reminded not only on the have. Roads which I have the most of in all of Virginia, I see a lot of people shaking their heads, they think they have it, but in all those roads let us be reminded along those rights within the right-of-way are utilities. Do we consider on the same level fiber optic table for high speed internet to bring opportunities for education, employment health isn't utility? I would submit it so important for our areas that this is a utility in the sense of what brings. Essential services like water and electric as the traditional utilities that we think of, Mr. President. If we fight this on a property issue we will not advance and give them the things that those from northern Virginia take for granted like turning on the spicate and having the water come jut. Things that we need to have in all of the commonwealth of Virginia and this bill is the proper vehicle for it, Mr. President. I ask my fellow colleagues here to reject the floor amendment. Thank you.
[Unknown]
Thank you, Senator. The Senator from Arlington, Senator Favola .
Barbara Favola
Thank you Mr. President. Speaking to the amendment and ask the ladies and gentlemen of the Senate to not support the amendment. There are many valid points recently made but I think there are two additional points that need to be added to your decision model here.
[Unknown]
Let's try to keep the chatter down a little bit and be respectful, please.
Barbara Favola
There actually is is a broadband provider who has received on a contingency clause a $96 million federal grant. Of course, all approvals have to be secured and there is still a few more hoops but again this grant was awarded on a contingency to provide broadband in areas that are underserved in our state. This is again a 96 millioneddedn grant and the broadband provider who received the grab said it costs about $50,000 to do one mile of broadband and now they have an opportunity. They have an opportunity to bridge the economic divide and I think we need to take this. The bill hinges on access to the public right-of-way. Vdot can only provide permission on property that it owns so this ownership conversation is done. It is closed. This is vdot owned right-of-way. To enable this right-of-way to serve multiple purposes. There has been studies done about the significant impact when we don't have equal access to broadband and in fact 35% of our schools across the country and Virginia would fall into this statistic lack access to fiber network. That means our children tonight have access to all of the knowledge that they should have access to and behavioral health you have a knowledge decide, you end up with an economic divide and ultimate hi you never, never bridge that gap where folks are trying to work their way out of poverty. We need to support this bill. This amendment guts the bill and I ask the ladies and gentlemen of the Senate to vote no on this floor substitute.
[Unknown]
Thank you, Senator. Thank you. The senior Senator from Loudoun, Senator Black .
Dick Black
Thank you, Mr. President. I rise to speak against the amendment of my friend the Senator from Rockingham. This is really an enormously important piece of legislation we are dealing with. And as has been mentioned we do have, you know, the right-of-way was given to the -- to have the public highways there and we are just using that. You can -- you can make an argument, I suppose, that perhaps this is not precisely what was contemplated but I think that it certainly close enough and I think that the courts would likely find the same thing. I would like to hone in on one thing in particular, though. Because what the amendment says is that you can go forward as long as you obtain the permission from the landowner. I happen to be in the county that has the most rural roads. [laughter]
[Unknown]
350 miles of rural roads. And I have had the personal experience of having worked with a group that wanted to do a little work on the road and to straighten it and I told vdot, I said well, this is no problem, I said we will get permission. This was not a long stretch of road and we put together a little committee and the committee went out and they bent over a period of weeks and knocked on doors and trial to figure out whose House went where. I went out myself and I said I don't understand why you people can't get this done. I didn't use those words but that was in my mind and I went out and I tried finding the houses and knocking on the doors and people weren't there. Some of them were probably dead. When you get in the rural areas it is not like the suburbs where you just go from House to House. If we are trying to go through 350 miles of Loudoun County, 350. And we are trying to get permission of everybody. I mean I am going to tell you we will all be gone by the time that we get that. I would just ask that we oppose this substitute.
Dick Black
Thank you, Senator. The Senator from Russell County, Senator Chafin .
Ben Chafin
Thank you, Mr. President. I rise to oppose the bill or to oppose the amendment. And I would like to call the members' attention just to the committee action that we had on this. You can look and you can see the vote in committee. And you can imagine that we heard a hoff witness is and people talking for the bill and heard people talking against the bill this. But it was a pretty overchemming decision to support this d -- overwhelming decision to support this bill. The reason I supported this bill is because we need broadband in the district that I have, we clearly need if. In addition to that, broadband is simply a matter of communicating. Mail was being delivered on communities and the public road that the people used and people had mailboxes out and they were getting their main and there was communication going on. Broadband is simply a more mo tern way of communicating. All types of utilities known to mankind run along the right-of-ways right now. Power lines, telephone lines, electric, water, sewer, we got mailboxes, we got paper boxes. We got every kind of thing out there in the world and broadband is simply a logical extension of our ability to communicate with one another and I hope you will defeat the amendment.
[Unknown]
Thank you, Senator. The Senator from Rockingham, Senator Obenshain .
Mark Obenshain
I don't think we have to take a vote. Thick everybody has spoken about this. I was born at night. Not last night. I get where the vote is going. Let me just say something our constitutional rights are pesky little things and I do understand that this is important to extend rural broadband to rural Virginia and I am all in favor of it. I understand the argument about newspaper boxes and about the horse and buggies used to carry the news from farm to farm and so as a consequence this is communication. The fact of the matter is this property belongs to the land owner. And I haven't heard a single person suggest that this is really constitutional only thatted ends justify the mean is. Let's take it because we need the broadband in the area more than it is important to protect the constitutional rights of the property owners who own this land. And fact of the matter is, the statute under which these roads were taken took these roads for roads only. And anybody in here and I know there are people in here who know a little about eminent co-main and constitutional takings law. And whether we are going to at mitt it or not that when you take something for a road it is taken for a road and you have to go back and take it again if you take it for a telephone line or for installing fiber. So go ahead and vote against it, vote for this bill but there is going to be a cottage industry out there filing lawsuits for infringement upon the constitutional rights of these property eveners and if somebody installs something on somebody's property, the Senator from Bath or somebody else, I guess they could ask for compensation, the alternative is they say take it out, it is on my property and you are not putting it across it and that is part of the problem them. These folks don't even have the power to exare size the power eminent domain. We are taking people's report in this bill in order to to something that important and we are violating people's constitutional rights by doing it.
[Unknown]
Thank you, Senator. Are you ready? Fasten your seatbelts. The question is shall the floor substitute be agreed to ayes. [laughter]
Mark Obenshain
That is pit iful. All opposed no.
[Unknown]
No!
[Unknown]
The nos have it. The substitute is not agreed to.
[Unknown]
The Senator from Rockingham .
[Unknown]
I don't know that you want me talking about this bill. [laughter]
[Unknown]
I yield to the Senator from Stafford or the Senator from Bath .
[Unknown]
Mr. President, I move that the bill pass.
Bill Howell
Thank, you, Senator. The question is shall House bill 912 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 37, nos 3.
[Unknown]
Ayes 37, nos 3. The bill passes.
[Unknown]
House bill 1110. A bill relating to temporary detention notice of recommendation: communication with magistrate. Recorded from the committee of courts of justice with amendment.
[Unknown]
The Senator from Rockingham. >> I move the committee amendments be agreed to.
[Unknown]
The question is shall the committee amendments be agreed to. All in favor say aye. Those opposed, no. The ayes have it. The Senator from Rockingham .
[Unknown]
Mr. President, I move that the bill pass. This bill provides that a magistrate conducting a temporary hearing considers they consider when available information provided by the person who initiated the emergency custody proceedings and requires that the community services board note fay the person who initiated the proceeding of the recommendation that they are making. And also to promptly inform earn the person who initiated the proceeding I guess of the outcome and also it imposes other requirements.
Bill Howell
Thank you, Senator. The question is shall House bill 1110 pass. All in favor of the motion wills aye, those are the senators ready to vote? Opposed no. Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 40, nos 0.
[Unknown]
Ayes 40. Nos 0. The bill passes.
[Unknown]
House bill 1213. A bill relating to minors education records evidence reported from the the committee from courts of justice with amendments.
[Unknown]
The Senator from Rockingham. The Senator from Stafford, Senator Stuart .
[Unknown]
I move the amendments be
[Unknown]
The request he is shall the agreed to. Committee amendment be agreed to. All in favor say aye. Those opposed, no. The ayes have it. The amount is agreed to.
[Unknown]
The no are from Stafford .
[Unknown]
The move the bill pass and speaking to to the measure.
[Unknown]
The Senator has the floor.
[Unknown]
It allows with disabilities who get in trouble to have the ieps or other diagnosis enter inside the guilt stage if it was a miss edemean oror tense they are newberry nile, I would tell you and I know I can't tell you because you know more about this than anybody in in this body but you can't speak to it. This is one thing we desperately need because there are children in the commonwealth with autism on the autistic spectrum who simply do not understand the world as you and I see it. They respond differently to different things. They stay in a mode of fight or flight. They have to be handled differently. There is a reason we call these children special needs children. Because they have special needs. They need to be handled a little differently than the rest of us. This bill recognizes that need and it allows those children or their counsel to introduce that evidence into the guilt stage of a proceeding. It is incredibly important. When I was the commonwealth's attorney I had occasion to prosecute a child with autism and it took me a little while to get to where I needed to be oen that but I rapidly understand that this child just didn't see things like others did. I took that into consideration. The problem is all prosecutors don't. And there are various reasons for that. But this while it is a shift in policy, it is the right shift in policy and some of us have been trying to do this for awhile. Delegate Albo just figure out the right way to get it. I hope that you all about support this about I will.
[Unknown]
The senior Senator from Bath, Senator Deeds .
Creigh Deeds
Thank you, Mr. President. This bill addresses a sensitive subject. And it is a substantive shift in policy and I. Just want to offermy two cent w. The commonwealth attorney association opposed this because you are shifting the introduction of ieps from the disposition phase of a juvenile court proceeding to the guilt stage and requiring the defense lawyer a notice that the evidence be introduced a number of days which potentially could delay the proceeding and adding a level of complication to what is already a sensitive case. I am in juvenile court and generally these cases are handled sensitively and no matter which court you go into it and that is why I will oppose it on the floor today. These matters are best left to individual courts or best left within the current context within the disposition stage. That is when the evidence should come in.
[Unknown]
The junior Senator from Loudoun, Senator Wexton .
Jennifer Wexton
Would the Senator from Stafford yield for a question?
[Unknown]
He yields, Senator .
Jennifer Wexton
I would inquire of the Senator first whether generally for evidence to be admitted in a criminal proceeding must that evidence not be relevant?
[Unknown]
The Senator from Stafford .
[Unknown]
That that is exactly correct. And this would be offered and the judge would consider its relevance and give it the proper weight it should be given in the cates.
[Unknown]
The Senator from Loudoun .
[Unknown]
Mr. President, would the Senator yield for a follow-up yes.
[Unknown]
Yes.
[Unknown]
He yields, Senator .
[Unknown]
Mr. President, I would inquire whether this evidence standing alone would really provide any probative value in relation to the issues decided by the fact finder?
[Unknown]
The Senator from Stafford .
[Unknown]
Mr. President, I believe it does because all courts, all prosecutors everybody doesn't understand the difference in these children and it is hard to understand. They act out sometimes because it is the only way they know how to respond. And you and I would know better but they don't. So this is how they behave because it is inate in the way their mind is made up. And prosecutors and judges need to know that. Because there May be an instance where this child didn't mean to do anything, it was just a matter of they act the because it is the way they are programmed to act. It is very important that everybody involved in the case understand it and understand the significance of how -- of their mental capacity.
[Unknown]
The no are from Loudoun .
[Unknown]
I would ask if the Senator would yield for a third and final question.
[Unknown]
Yes.
[Unknown]
He yield is, Senator .
[Unknown]
Does the Senator anticipate this would change the substantive elements that would have to be proven for any given givencrime or delinquent act?
[Unknown]
What it allows particularly in juvenile court there are vast provisions which in juvenile court which in one is a child in need of super vision which the Senator from Bath which he practices in would be very familiar with it. It gaves juvenile courts great latitude for dispositions with regard to juveniles anyway. This is one more piece of information to help a judge understand why that child May have done what he did. It has no bearing on the elements, the proof of elements in an offense.
[Unknown]
Thanks.
[Unknown]
Mr. President, would the Senator yield for one final final question.
[Unknown]
Yes, Mr. President.
[Unknown]
He yields, Senator .
[Unknown]
Is there anything in the current state of the law that would prohibit parents or the child's eastern from presenting the iep evidence as part of the disposition phase of any of these cases?
[Unknown]
The Senator from Stafford .
[Unknown]
Mr. President, I believe there May be and I believe that is why this bill is needed.
[Unknown]
I thank the gentleman, Mr. President,.
[Unknown]
The Senator from western Fairfax County, Senator Marsden .
Dave Marsden
Thank you, Mr. President. I rise in support of the bill. The earlier you get information involved with a juvenile to the proper authorities the court the better off you are. And misdemeanors are all about discretion and we learned with young people and the reason we are having so much less juvenile crime is that we learned a number of lessons that the least in keeping with good public safety the less we allow someone to penetrate the justice system usually the better off you are. This just allows forbetter decision-making right up frontis to you are going to charge somebody in the first place. It is all about discretion and this will help the commonwealth attorney and the police and the school people decide whether to proceed with the case because sometimes just proceeding into the courtroom is in and of itself not the right thing to do. I hope you vote for this legislation.
[Unknown]
The Senator from Roanoke city, Senator Edwards .
John Edwards
That was marked as having no voted. I don't think I was present and I think my discretionary proxy was left and that is probably why I voted no. Would the Senator from Stafford yield for one question?
[Unknown]
He yields.
John Edwards
Yes, Mr. President.
[Unknown]
As I read this, Mr. President, this only deals with misdemeanors crimes that would be a misdemeanor committed by an adult but in juvenile court called an act of delin wentcy. The iep would be introduced on that issue. That May understanding. That correct?
[Unknown]
Fen rally that is the way I read the bill and I would tell him that the Senator from Bath did it to him, vote the him no.
[Unknown]
Having, speaking to the bill.
[Unknown]
The Senator has the floor.
[Unknown]
Having the heard the debate and having read the bill I think it is a good bill. I would hope the body would vote for this bill. I could see why it would be useful in juvenile court on the question of intentional act or willful act for an iep. We are talking about a judge now only. There is no jury in the juvenile court proceeding. I think would be helpful in terms of making the decision whether or not juvenile is delink went or not.
[Unknown]
The Senator from Rockingham, Senator Obenshain .
Mark Obenshain
I wanted to point out a couple of factors. I am not arguing for or against the bill really. I did vote against it. A couple of points that were made in committee were, number one, it is introducing a significant change in Virginia law in that it is creating a diminished capacity defense really for the first time in Virginia. And that is a big change. Second of all, it is important to note that we are recrating is for a small category of cases. You May want to consider whether it should be created on a bigger scale or not at all. This bill is only applicable to offenses committed basically on school property and only admissible for those cases. And some concerns were expressed by prosecutors as to whether this is something that is better addressed in training of educators and those charged with school security on campus. Third and finally a point was made that ieps really aren't developed for criminal justice purposes and they are individualallized educational programs developed as part of the special ed program and May very well be developed in a child is in kindergarten and first grade or second grade and the offenses May be committed behavioral health they are a junior and May have been in effect for 10-11 years and the been in effect because the familiar it pleased with the coy come days made for the child. If they don't revisit it they stay in place whether they are meaningful or not with respect to the current capacity of the child. I point those items out for the body consideration.
[Unknown]
The Senator from Stafford, Senator stewart.
[Unknown]
If no one else wishes to speak and I will be brief. I think it the important to know that ieps are reviewed twice a year. At least once-a-year and probably twice a year in most circumstances and there is a vast body of professionals who participate in the iep, people with doctorates in fact. It is not as it was presented. Agree it is a significant change of policy in Virginia and it long overdue. I hope you will vote for in.
[Unknown]
The Senator from Petersen, Senator Dance .
Roz Dance
Thank you, Mr. President. Speaking to the bill I will by real belief.
[Unknown]
The Senator has the floor.
Roz Dance
This is one area I do know a little something about as dealing with those with intellectual ability especially those with autism and those who require an individual education plan because that is what I spent my life doing before retiring. It is true that it is education look for the plan when they say iep but it addresses all of the needs of the client and in particular the behaviors and how to address that as well. It is not just the education. It was wholistically addressing the whole child and I want to commend the patron for bringing this bill forward. Thank you.
Bill Howell
Thank you. The question is shall House bill 1213 pass. All in favor of the motion wills aye, those are the senators ready to vote? Opposed no. Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 39, nos 1.
[Unknown]
Ayes 39, nos 1. The bill passs.
[Unknown]
House bill 1226, a bill relating to assault and battery of department of corrections investigators penalty. Reported from the committee for courts of justice.
[Unknown]
The Senator from Rockingham .
[Unknown]
I move that the bill pass. What this bill does is it adds employees to the department of correction designated for internal investigations to the definition of law enforcement officers for the purpose of defining crimes of assault and battery.
[Unknown]
The question is shall House bill 1226 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?
[Unknown]
Ayes 37, nos 3.
[Unknown]
Ayes 37, nos 3. Bill passess.
[Unknown]
His bill 1229 a bill relating to excursion trains certification requirements line of railroad company.
[Unknown]
The Senator from Rockingham, Senator Obenshain .
Mark Obenshain
I move the bill pass. This addresses and amends a statute that creates limited liability for operators of excursion trains. Now right now it is in a handful of counties and this removes that and makes it operate statewide and shifts the liability from the owner of the tracks to the operator of the excursion train. And in many instances the only way that the owner of the tracks would ever be convinced to allow an excursion train to operate would be to limit their liability I asked the patron to get back to me and let me know about liability insurance requirements and because I wanted to make sure that there was going to be liability insurance out there for somebody who May be hurt as a consequence of the operation of this excursion train. And federal law requires liability insurance to be carried in the amount of $10 million. So these operators have that coverage that applies to their
Bill Howell
That is correct you, Senator. Operations. The question is shall House bill 1229 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.
Mark Obenshain
Ayes 36, nos 3.
[Unknown]
Ayes 36, nos 3. Bill passes.
[Unknown]
House bill 1348. A bill relating to smoking in motor vehicles presence of minor under age 8, civil penalty. Reported from the committee for courts of justice.
[Unknown]
The Senator from Rockingham, Senator Obenshain .
Mark Obenshain
Mr. President, I yield to the Senator from Russell .
[Unknown]
The Senator from Russell, Senator Chafin .
Ben Chafin
Thank you, Mr. President. I move that the bill pass. And speaking to the bill, this bill was in our committee and we heard some pretty compelling evidence about it and I want to tell you the part that I was reminded of the patron is a pediatric dentist and he told us not -- and he told us of all of the patients that he sees with various dental problems and breathing problem is, respiratory problems as a consequence of second hand smoke and told us about the professional journals, the medical journals that have findings in them that indicate visit individuals exposed to second hand smoke this an closed vehicle receive up to 27 more than individuals in a home or some other setting. So we understood from that testimony that this is a bill that simply protects children who are under the age of 8 from we being exposed in a vehicle to second hand smoke. It creates civil penalty of I believe $100 for violators that might be pulled over for some other reason. Not a primary offense and not a reason that the police could stop a vehicle. They have to be speeding or doing something else. If this he have children on board and they are in the booster seat or the car seat and they are smoking they will get a civil penalty if this passes into law. I support the measure and I have to tell you my family owned tobacco market and warehouses a and our family was a producer of early tobacco. I am not against tobacco. Tobacco is an adult product and I respect the rights of adults to use it. What I do not appreciate is those who are not mindful of the health of children and this is a bill a reasonable bill to protect children and to allow for their future health and safety. I hope it will be the pleasure of the body to pa it is.
[Unknown]
Pass it.
Ben Chafin
I mean no harm to the bill but I was wondering if it might go bye for the day.
[Unknown]
With that objection, House bill 1348 will go bye for the day.
[Unknown]
Uncontested calendar, House bills on second reading.
[Unknown]
The Senator from James city .
[Unknown]
Mr. President, I respectfully move that all of the stat bills oning did Senate bills on the second reading on the uncontested calendar and regular calendar on pages 24 through 39 and intending to say House bill. That the rules of the national be suspended and the second constitutional reading of the titles be dispensed with.
Bill Howell
Thank you, Senator. The question is Hall the rules be suspended and second reading of House bills on uncontested calendar and regular calendars pages 4 throughbe dispensed with. All in favor of the motion will. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. Reading of the titles is dispensed with. The Senator from James city county.
[Unknown]
Thank you very much. Mr. President. I had hoped to dispose of these bills on the floor stood, but due to the loquaciousness on the discussion on some of these bills that is not going to work out. I would respectfully move that all of the House bills on the uncontested calendar now in the third reading be passed bye for the day except for 29, 30, 339, 85, 884, 1191, 8, 775 and 0.
[Unknown]
Shall the House bills on uncontested and regular calendars now on third reading go bye are the day with the sentencing of House bill 29, 30, 339, 859, 884, 1191, 298, 775 and 1305. All in favor say aye. Those opposed, no. The ayes have it. The bills will go bye for the day. The Senator from James city couo r Norment .
[Unknown]
Thank you, Mr. President. I would now move that all of the House bills that find themselves on the uncontested calendar that are on the third reading which would include those bills that we just read which are 29, 30, 339, 859, 884, 1191, 298, 775 and 1305 be passed in the block after the adoption of any amendments any Senator who desires to remove one of those bills from the block should please do so after clerk has read the number of that bill, sir.
[Unknown]
The last bills, 298, 775 and 1375 are on the regular calendar so we will return to those. Should the bills on uncontested calendar pages 24 through 26, House bill 29 through 1191 placed on final pass and of the block with the understanding in I Senator desiring to pa remove from the block do a of the clerk reads the number the bill. Those opposed, no. All in favor say aye. The ayes have it. The bills are before us in the block. The clerk will mees reed read the numbers of the I will bills.
[Unknown]
House bill 49. Senate substituted for House amendments.
[Unknown]
The Senator from Augusta .
[Unknown]
Thank you, Mr. President. Move that the committee amendments be agreed to.
[Unknown]
The request he is shall the committee amendments be agreed to. All in favor say aye. Those opposed, no. The ayes have it. The committee amendments are agreed to.
[Unknown]
House bill 30 reported from the committee on finance which Senate amendments substituted for House amendments.
[Unknown]
The Senator from Augusta ?
[Unknown]
Thank you, Mr. President. I move the committee amendments be agreed to.
[Unknown]
The request he is shall the committee amendments be agreed to. All in favor say aye. Those opposed, no. The ayes have it. The committee amendment is agreed to.
[Unknown]
House bill 349. Report the request a sub.
[Unknown]
I move the committee substitute be agreed to. Ayes now the substitute is agreed to.
[Unknown]
House 859 reported from the committee on finance with a substitute.
[Unknown]
The Senator from Augusta .
[Unknown]
I move the committee substitute be agreed to.
[Unknown]
All in favor say aye. Those opposed, no. The ayes have it,.
[Unknown]
The substitute is agreed to.
[Unknown]
House bill 884, reported from the committee on finance. House bill 1194 -- one, reported from the committee on finance.
Bill Howell
Thank you, madam clerk. The question is shall the House bills pass in block. All in favor of the motion wille opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The bills pass in block.
[Unknown]
Returning to Page 39, regular calendar, House bills on now third read. House bill 298 a bill relating to coal tax credits reported red from the committee on finance with a substitute.
[Unknown]
The Senator from Augusta County Senator Hanger .
Emmett Hanger
Thank you, Mr. President. He move that we adopt the committee substitute.
[Unknown]
The question is shall the committee substitute be agreed to. All in favor say aye. Those opposed, no. Ayes have it. The substitute is agreed to. Senator from Augusta .
Emmett Hanger
Thank you, Mr. President. Is this now on third reading do I need to engrass.
[Unknown]
Just move to pass.
[Unknown]
Mr. President, this bill now in its crept posture is identical to a bill previously passed by the Senate dealing with coal tax credits. I move the bill pass.
Bill Howell
Thank you, Senator. The question is shall House bill 298 pass. All in favor of the motion wille s aye, those opposed no. Have all the senators voted? Are the senators ready to vote? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 29, nos 11.
[Unknown]
Ayes 29, nos 11. The bill passes.
[Unknown]
House bill 775. Conditions registration penalty reported from the committee on commerce and labor with amendment.
[Unknown]
The senior Senator from Virginia beach, Senator Wagner .
Frank Wagner
Thank you, Mr. President. This bill is identical to a bill we previously passed with regard.
[Unknown]
We need to move the amendments.
Frank Wagner
I move the committee amendment amendment.
[Unknown]
The question is shall the committee amendments be agreed to. All in favor say aye. Those opposed, no. The ayes have it. The amendments are agreed to. The senior Senator .
[Unknown]
Explaining the bill. It is identical to a bill we previously passed dealing with the fantasy sports regulations and the ability for localities to recover taxes. I move we pass.
Bill Howell
The question is shall House bill 775 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 30, nos 8.
[Unknown]
Ayes 30, nos 8. The bill passes.
[Unknown]
House bill 1305 a bill relating to sales and use tax exemptions and real and personal property tax exempts. Solar and wind energy equipment facilities and devices. Reported from the committee on finance with amendments.
[Unknown]
The no are from Augusta, Senator Hanger .
[Unknown]
Mr. President, I move the committee amendments be agreed to.
[Unknown]
The question is shall the committee amendment be agree to.
[Unknown]
The mys have it. Amendment is agreed to. The Senator from Augusta .
[Unknown]
Mr. President, this particular House bill 1305 provides an exemption on sales tax on certain equipment, marinery and tools used for generation of solar and wind energy and I move that the bill
Bill Howell
Thank you, Senator. Pass. The request he is shall House bill 1305 pass? All in favor of the motion willy e, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 37, nos 2. Rule 36, 1.
[Unknown]
Ayes 37, nos 2, rule 36, 1. The bill passes.
[Unknown]
Moving to Page 43. Uncontested calendar House joint resolution on third reading. House joint resolution 64 confirming the appointment by the chief justice of the supreme court of Virginia of the chairman. Reported from thecommittee from courts of justice.
[Unknown]
The Senator from Rockingham, Senator Obenshain. The Senator from James city coum ent. >> Thank you very much, Mr. President. I am going to respectfully ask that the Senate now stand in recess until 3:30. The purpose of that is to allow is to transfer the revenue and budget bills which must be reported off of the floor of the House and Senate today and I would respectfully yao inland to yield to thesenator from rockin.
Mark Obenshain
Courts of justice committee is meeting this afternoon. I would ask that the courts committee convene 15 minutes after we recess in the general assembly building in our regular meeting space and we will conduct business until such time as we need to return and we will stand at ease if we are not finished with our deliver.
[Unknown]
Calendar.
Mark Obenshain
The Senator from grey son, Senator Carrico .
Bill Carrico
And transportation committee is going to meet immediately upon recess that so we can take up a bill that needs to be addressed so those on the edge or the courts of justice committee try to get there as soon as possible so we can call it to order and get to proxies and move ahead on it.
[Unknown]
Thank you, Senator. The Senate will stand in recess.
Bill Carrico
The Senator from Lynchburg ,
[Unknown]
Mr. President,. Senator Newman .
[Unknown]
Would the gentleman yield for a question. I would ask whether or not the committee is going to meet on one bill or begin its work immediately upon adjournment.
[Unknown]
I just answer that there is one bill that is going to take up a little more time than all. We will take up that one bill and if we have time afterwards we will take up the other bills that are on the took dock yet.
[Unknown]
The Senate will stand in recess until 3:30. [Senate in recess] 02:12:12.437 --> 02:12:15.38 >>> Senate will come to order. We have a communication from the House. The Senate from James city county, Senator Norment .
[Unknown]
Thank you, Mr. President. I move we waive reading of the communication from the House of delegates.
Bill Howell
The question is, shall the reading be waived. All in favor of reading the communication, record their votes aye, opposed no. Are all the senators ready to vote? Do any of the senators desire to change their vote? The clerk will close the roll
[Unknown]
Ayes 35, no's 3.
[Unknown]
Ayes 35, no's 3. The reading. Communication is waived. The time for the joint order for a certain judicial the Senate on its part is election has arrived. Ready to proceed with the execution of House joint resolution number 210. Nominations are now in order for justice of the supreme court of Virginia. Senator from Franklin, Senator Stanley .
Bill Stanley
Thank you, Mr. President. I move that the rules be suspended, committee for courts of justice be discharged from further consideration of the resolution, and the readings of the title be waived and Senate resolution number 65 be taken up for immediate consideration.
[Unknown]
Thank you, Senator. The question is, shall the rules be suspended, the committee for courts of justice be discharged from further consideration of the resolution, the readings of title be waived and Senate resolution number 65 be taken consideration. Up for immediate all in favor of the motion record their votes aye, opposed no. Are all the senators ready to vote? Have all the senators voted? Do any of the senators desire to change their vote? The clerk will close the roll.
Bill Stanley
Ayes 39, no's zero.
[Unknown]
Ayes 39, no's zero. Rules are suspended to take up the resolution for immediate consideration. The Senator from Franklin, Senator Stanley .
Bill Stanley
Thank you, Mr. President. I now move that the resolution be agreed to.
[Unknown]
The question is shall the resolution be agreed to. All in favor of agreeing to the resolution say aye. Opposed no. The ayes have it. The resolution is agreed to. The chair directs the Senator from Franklin, Senator Stanley, to inform the House of delegates of the nominations that have been made by the Senate. The Senate will stand at ease.
Bill Stanley
Senate will come to order. >> Supplemental calendar number 1. Unfinished business House. House bill 29.
[Unknown]
Senator from Augusta, Senator Hanger .
Emmett Hanger
Mr. President, I move that the House insist on its amendments and request a committee of conference.
Bill Howell
Thank you, Senator. The question is, shall the Senate insist on the -- excuse me, insist on its amendments and request a committee of conference. All in favor of the motion shall record their votes aye, opposed no. Vote? Have all the senators voted? Do any of the senators desire to change their vote? The clerk will close the roll.
Emmett Hanger
Ayes 39; no's zero.
[Unknown]
Ayes 39, no's zero, the motion is agreed to.
[Unknown]
House bill 30.
[Unknown]
Senator from Augusta, Senator Hanger .
Emmett Hanger
Mr. President, I move the Senate insist on its amendments and request a committee of conference.
Bill Howell
The question is shall the Senate insist on its amendments and request a committee of committee of conference ens. Have all the senators voted? Vote? Do any of the senators desire to change their vote? The clerk will close the roll.
Emmett Hanger
Ayes 39; no's zero.
[Unknown]
Ayes 39; no's zero. Motion agreed to.
[Unknown]
The remainder of the legislation under unfinished business is not before us. They have completed action. Unfinished business Senate. Senate bill 416 has passed the House with a substitute.
[Unknown]
Senator from Fauquier, Senator Vogel .
Jill Holtzman Vogel
Thank you, Mr. President. Senate bill 416 is a bill that I think this body is very familiar with. It is the airbnb residential lodging bill. I think since we have time to kill, I think we can talk about it for a couple more hours. Before I tell the body whether or not I am going to conquer with the House substitute. I will tell the body just by way of a minute or two background, this bill has had a long life in the House and Senate. There were several opportunities in the process which we could amend the bill, and we were working through that process, all the way through to the House appropriations committee, which heard the bill yesterday, and we were very, very close to having an agreement until we didn't. So what we have now is several amendments to the bill, and I think they are reasonable amendments, and in fact good amendments, but what it has on it that is critical here in my view is the reenactment clause. So to understand where we started, this bill always was going to go to a study. We now have language in the budget that as I understand the larger ush -- issue to a study, which frankly was the underlying reason for the bill in part, but the one thing that I do regret, and I would be remiss if I didn't say this to the body, I regret that we are leaving money on the table that we are not going to collect and remit, but I would say that igraciously at this point in the -- I am graciously going to conquer with the House substitute, and this will be the last you will hear about this bill on the Senate floor. With that, I will sit down and refrain from any further discussion of the bill. Thank you, Mr. President.
[Unknown]
Thank you, Senator. The Senator from James city county, Senator Norment .
Tommy Norment
Mr. President, just very briefly. I would ask that we accept the substitute passed from the House. It has been an arduous road, but I think the bill is evolving, and more importantly, and very hopeful over the year at the point it has been studied we will all be able to come together and be supportive of the concept next year. Thank you very much.
Bill Howell
Thank you, Senator. The question is, shall the feet conquer with the House -- Senate conquer with the House substitute. All in favor record their votes aye. Opposed no. Vote? Have all the senators voted? Do any of the senators desire to change their vote? The clerk will close the roll.
Tommy Norment
Ayes 32; no's 7.
[Unknown]
Ayes 32; no's 7. The substitute is conquered with. The Senate will stand at ease.
[Unknown]
Come to order. Sergeant at arms. Welcome Delegate Loupassi. [ inaudible ]
[Unknown]
Thank you, Senator. Desk will receive. Come to order. Pursuant to the joint order, it is now in order that the roll be called. As many are in favor of the nominee of the Senate as named by Senate resolution number 65 to be justice of the supreme court of Virginia will record their votes aye. Opposed no. Are the senators ready --
[Unknown]
Mr. President, Mr. President?
[Unknown]
Senator from Roanoke city.
[Unknown]
Can the clerk announce the person on the list.
[Unknown]
Thank you. We will strike the board.
[Unknown]
The House has nominated the honorable jane m. Rausch of Fairfax as justice of the supreme court of Virginia for a term of 12 years commencing March 1st, 2016.
[Unknown]
Senate will come to order. As many are in favor of the nominee of the Senate as named by Senate resolution number 65 to be a a justice of the supreme court of Virginia, record their votes aye. Opposed no. Vote? Have all the senators voted? Do any of the senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 22; no's zero. Rule 36-1.
[Unknown]
Ayes 22, no's zero, rule 36-1, the resolution is agreed to. The chair appoints senators chafe inch, Sturtevant and Deeds on the part of the Senate to count and report the vote of each House in each case. The Senate will stand at ease.
[Unknown]
The Senate will come to order. We've received a House communication. Senator from James city county.
[Unknown]
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. Communication be waived. All in favor of waiving the reading of the communication record their votes aye. Those opposed no. Vote? Have all the senators voted? Do any of the senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 34, no's 4.
[Unknown]
Ayes 34, no's 4. The reading. Communications is waived.
[Unknown]
Conferrees on the part of the Senate on House bill 29 as named by co-chairs, Senate finance, senators Norment and Hanger, are senators Norment, Hanger, Howell, Saslaw, Newman, Ruff and Wagner. On House bill 30, conferrees on the part of the Senate as named by the co-chairs of Senate finance, senators Norment and Hanger, senators Norment and Hanger, Howell, Saslaw, Newman, Ruff and Wagner .
[Unknown]
Senate will come to order. The Senator from James city county, the Senator from James city county, Senator Norment .
[Unknown]
Good evening, Mr. President. Does that complete today's calendar?
[Unknown]
Yes, sir.
[Unknown]
Thank you. Is there any other business to come before the Senate ?
[Unknown]
Mr. President --
[Unknown]
Senator from James city county.
[Unknown]
Apologize. If there's some other buttons that have been pushed, I would be happy to wait.
[Unknown]
You have the floor.
[Unknown]
Thank you very much, Mr. President. First of all, ladies and gentlemen, when we go into our legislative day tomorrow on Thursday, it would be my sincere aspiration that we not keep passing these bills by for the day, and that we either vote them up or vote 'em down. Also, Mr. President, it would be my intention to see if there's at least the opportunity to accelerate some of the matters on the calendar that would fall under the uncontested cal ebb -- calendar, trying to look forward to next week and see if perhaps we can relieve some of the stress there. If there are no other senators that want to speak, then I will refrain from making my motion until all the senators have had an opportunity.
[Unknown]
Thank you, Senator. Clerk had some announcements as well. The Senator from Prince William County, Senator .
[Unknown]
One announcement.
[Unknown]
Senator has the floor.
[Unknown]
Beginning now, 1800 hours is the military and veterans caucus at rosie connelly's restaurant and pub. Veterans please join us until 2000 hours.
[Unknown]
Senator from eastern Fairfax, Senator Surovell .
Scott Surovell
Thank you, I rise for a motion. Mr. President, back in September 2014 --
[Unknown]
What is your motion?
Scott Surovell
Motion to adjourn in the honor and memory of hannah graham.
[Unknown]
Thank you, Senator .
[Unknown]
Thank you, Mr. President. Back in September, 2014, the body made me aware that many people in my made me aware that a constituent in my district went missing. Happen a graham was a graduate of my high school, west poe tomorrow 5:00, her friends' -- potomac. She went on to the university of var doctor Virginia where she joined the ski team and we all know what happened after that. Today her murderer pleaded guilty in Charlottesville, and was sentenced to four life terms, bringing her case to a conclusion and bringing finaleity to her family -- finlt -- finality to her family. Her mother wrote a statement in which her friend said she would change the world and she did, but at a terrible Price. Knowing that her daughter helped the police arrest the serial rapist and murderer hiding in plain sight, and she is a heroine. And I would ask that as we adjourn today, that we adjourn in her honor and memory, now that her -- that matter is over.
[Unknown]
Thank you, Senator. Thank you, Mr. President. The clerk will please report any announcements on the desk. .
[Unknown]
Today, Wednesday, March 2nd, --
[Unknown]
Education and health subcommittee on certificate of public needs will not meet tonight. Committee on transportation will meet 15 minutes after adjournment in Senate room a. The rural caucus will not meet this evening. Tomorrow, Thursday, March 3rd, the Hampton roads caucus will meet at 8:00 a.M. In the 6th floor speakers conference room. Committee on education and health at 8:30 a.M. In Senate room b. Republican caucus will meet at 11:30 a.M. Senate room 2, democratic caucus 11:30 a.M., Senate room 1.
[Unknown]
Thank you. The Senator from Lynchburg, Senator Newman .
Steve Newman
Mr. President, before the motion comes, I would like to alert everyone, while we are not having a c. O. P. And subcommittee meeting tonight, we will go into session for education and health committee tomorrow morning at 8:00, not at 8:30, at 8:00. And we will go into a subcommittee meeting on copn on the middle of the education and health committee. So we will go in at 8:00, we will go out for a bit, we will do copn and then come back in. Thank you, Mr. President.
[Unknown]
Thank you, Senator. The Senator from James city county, Senator Norment ?
Tommy Norment
Thank you, Mr. President. I rise to make a rather unusual motion, Mr. President. Which is the result of something of a procedural conundrum. Mr. President, I am going to respectfully move that the Senate now stand in recess until 11:59 tomorrow, Thursday, and when we do go into recess, that we recess in honor and celebration of the life of hannah graham, which was taken prematurely, and also in memory, and our prayers of her family.
[Unknown]
Thank you, Senator. The Senate will stand in recess until 11:59 a.M. Tomorrow, Thursday, and when we do so, we will do it in memory of hannah graham.
Tommy Norment
The Senate will come to order. >> Mr. President, I respectfully move we waive the reading from any communications we received from the House of delegates.
Bill Howell
All in all in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 32, nos 4.
[Unknown]
The reading of the communication is waived.
[Unknown]
Returning to the regular calendar, uncontested calendar House joint resolution on third reading. House joint resolution 64, confirming the appointment by the chief justice of the supreme court of Virginia of the chairman of the Virginia criminal sentencing commission, reported from the committee from courts of justice.
[Unknown]
Senator from Rockingham, Senator Obenshain .
Mark Obenshain
I move the joint resolution be greed to.
Bill Howell
The question is shall the resolution no. 64 be agreed to? All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
Mark Obenshain
Ayes 39, nos zero.
[Unknown]
Ayes 39, nos zero. The resolution is agreed to. Regular calendar has joint resolution on third reading. House joint resolution 210, election of a supreme court of Virginia justice, recorded from the committee from courts of justice.
[Unknown]
Senator from Rockingham .
[Unknown]
Mr. President, I move that the resolution be agreed to.
Bill Howell
Question is shall hjr210 be 210.All in favor of the motion l 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 20, nos 18, rule 361.
[Unknown]
Ayes 20, nos 18, rule 361 is agreed.
[Unknown]
The Senator from Franklin .
[Unknown]
At this time I have a Senate resolution to present to the desk in explaining the resolution.
[Unknown]
Senator has the floor.
[Unknown]
Thank, Mr. President and members of the Senate. The resolution I have in my hand is a resolution that will be nominating a person to be elected as justice of supreme court of Virginia and more specifically that it be resolved that the honorable James m rouche of Fairfax be nominated June 1, 2016.
[Unknown]
Mr. President.
[Unknown]
The Senate will come to order. The chair directs the Senator from Rockingham, Senator Obenshain to inform the House of delegates of the action of the Senate. Senate will stand at ease.
Mark Obenshain
I respectfully ask we stand at recess until 4:30, and if the Senate republicans would retire to the meeting room that would be nice.
[Unknown]
Senate will stand in recess. The Senator .
Mark Obenshain
Senate democrats could retreat back to the -- excuse me [laughter]. It's behind me but we will advance there anyway.
[Unknown]
The Senate will stand in recess until 4:30. Recess until 4:30.