03/07/2016 Senate Proceedings

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Index

HB895—00:00:34
SB246—00:02:03
SB360—00:00:52
SB440—00:01:56
SB515—00:00:48
SB625—00:00:40
SJ63—00:00:16
SR63—00:00:40
SJ63—00:00:50
SB468—00:00:26
SB612—00:00:14
HB180—00:03:10
HB885—00:00:40
HB685—00:00:16
HB885—00:00:40
HB685—00:00:16
HB8—00:17:19
HB389—00:17:27
HB883—00:02:04
HB383—00:00:40
HB883—00:00:22
HB833—00:00:12
HB883—00:00:14
HB383—00:00:40
HB883—00:00:57
HB833—00:00:40
HB883—00:00:36
HB350—00:27:49
HB815—00:50:33
HB1090—00:07:21
HJ424—00:00:40
SR42—00:00:16
HJ177—00:00:28
SJ201—00:00:50
Sen. Tommy Norment (R-Williamsburg)—00:02
Sen. Bill DeSteph (R-Virginia Beach)—00:04
Sen. Jeremy McPike (D-Dale City)—00:04
Sen. Don McEachin (D-Richmond)—00:56
Sen. Tom Garrett (R-Lynchburg)—00:04
Sen. Chap Petersen (D-Fairfax)—00:06
Sen. Lynwood Lewis (D-Accomac)—00:04
Sen. Tommy Norment (R-Williamsburg)—00:08
Sen. Dick Saslaw (D-Springfield)—00:04
Sen. Don McEachin (D-Richmond)—00:02
Sen. Barbara Favola (D-Arlington)—00:02
Sen. Bryce Reeves (R-Spotsylvania)—00:06
Sen. Steve Newman (R-Forest)—00:02
Sen. Bill Stanley (R-Moneta)—00:04
Sen. Janet Howell (D-Reston)—00:04
Sen. Dick Saslaw (D-Springfield)—00:02
Sen. Jeremy McPike (D-Dale City)—00:04
Sen. Kenneth Alexander (D-Norfolk)—00:04
Sen. Emmett Hanger (R-Mount Solon)—00:02
Sen. Frank Wagner (R-Virginia Beach)—00:00
Sen. Tom Garrett (R-Lynchburg)—00:00
Sen. Bill Stanley (R-Moneta)—00:06
Sen. Mark Obenshain (R-Harrisonburg)—00:04
Sen. Steve Newman (R-Forest)—01:04
Sen. Dave Marsden (D-Burke)—00:02
Sen. George Barker (D-Alexandria)—00:04
Sen. Chap Petersen (D-Fairfax)—00:04
Sen. Dick Black (R-Leesburg)—00:04
Sen. John Edwards (D-Roanoke)—00:04
Sen. Dick Saslaw (D-Springfield)—00:06
Sen. Chap Petersen (D-Fairfax)—00:06
Sen. Emmett Hanger (R-Mount Solon)—00:16
Sen. Steve Newman (R-Forest)—00:02
Sen. Glen Sturtevant (R-Midlothian)—00:04
Sen. Scott Surovell (D-Mount Vernon)—00:04
Sen. Glen Sturtevant (R-Midlothian)—00:00
Sen. Scott Surovell (D-Mount Vernon)—00:04
Sen. Glen Sturtevant (R-Midlothian)—00:04
Sen. Scott Surovell (D-Mount Vernon)—00:02
Sen. Glen Sturtevant (R-Midlothian)—00:04
Sen. Scott Surovell (D-Mount Vernon)—00:02
Sen. John Edwards (D-Roanoke)—00:06
Sen. Barbara Favola (D-Arlington)—00:04
Sen. Tom Garrett (R-Lynchburg)—00:06
Sen. Dick Black (R-Leesburg)—00:04
Sen. Siobhan Dunnavant (R-Henrico)—00:06
Sen. Richard Stuart (R-Westmoreland)—00:02
Sen. Scott Surovell (D-Mount Vernon)—00:04
Sen. Richard Stuart (R-Westmoreland)—00:04
Sen. Bill Stanley (R-Moneta)—00:02
Sen. Steve Newman (R-Forest)—00:46
Sen. Siobhan Dunnavant (R-Henrico)—00:06
Sen. Emmett Hanger (R-Mount Solon)—00:06
Sen. Steve Newman (R-Forest)—00:04
Sen. John Cosgrove (R-Chesapeake)—00:04
Sen. Dick Saslaw (D-Springfield)—00:04
Sen. Scott Surovell (D-Mount Vernon)—00:16
Sen. Mark Obenshain (R-Harrisonburg)—00:04
Sen. Dick Black (R-Leesburg)—00:04
Sen. Tommy Norment (R-Williamsburg)—00:04
Sen. George Barker (D-Alexandria)—00:04
Sen. Scott Surovell (D-Mount Vernon)—00:04
Sen. Siobhan Dunnavant (R-Henrico)—00:02
Sen. Mark Obenshain (R-Harrisonburg)—00:43
Sen. Scott Surovell (D-Mount Vernon)—00:04
Sen. Tommy Norment (R-Williamsburg)—00:04
Sen. Scott Surovell (D-Mount Vernon)—00:04
Sen. Dick Saslaw (D-Springfield)—00:04
Sen. Mark Obenshain (R-Harrisonburg)—00:06
Sen. Steve Newman (R-Forest)—00:04
Sen. Barbara Favola (D-Arlington)—00:04
Sen. Mamie Locke (D-Hampton)—00:04
Sen. Siobhan Dunnavant (R-Henrico)—00:06
Sen. Tommy Norment (R-Williamsburg)—00:06
Sen. Mark Obenshain (R-Harrisonburg)—00:00
Sen. Ryan McDougle (R-Mechanicsville)—00:52
Sen. Mark Obenshain (R-Harrisonburg)—00:00
Sen. Jennifer Wexton (D-Leesburg)—00:04
Sen. Ryan McDougle (R-Mechanicsville)—00:36
Sen. Steve Newman (R-Forest)—00:34
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Minutes

Called to order at 10:30 a.m. by Lt. Governor Ralph S. Northam

Prayer offered by Dr. Ajaib Singh, Sikh Foundation of Virginia,
Fairfax Station, Virginia

ROLL CALL OF MEMBERS: quorum present

Motion of Senator Locke dispensed with reading of Journal (31-Y
8-N)

COMMUNICATION FROM HOUSE (HN10304): reading waived (34?Y 5?N)

The House of Delegates has passed with amendments the following
Senate bills: SB 237, 418, 695

The House of Delegates has passed with substitutes the following
Senate bills: SB 39, 337, 517, 645, 748

The House of Delegates has insisted on its amendments and has
requested a committee of conference on the following Senate bill: SB 468

The House of Delegates has rejected the amendments proposed by the
Senate to the following House bills: HB 25, 373

The House of Delegates has rejected the substitutes proposed by the
Senate to the following House bills: HB 168, 622

The House of Delegates has acceded to the request of the Senate for
a committee of conference on the following House bill: HB 1344

The House of Delegates has agreed to the following House joint
resolutions: HJ 256, 317, 354, 355, 356, 357, 358, 359, 360, 361, 362, 363,
364, 365, 366, 367, 368, 369, 370, 371, 373, 374, 375, 376, 377, 378, 379, 380,
381, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 393, 394, 395, 396, 397,
398, 399, 400, 401, 402, 403, 404, 405, 406, 407, 408, 410, 411, 412, 413, 414,
415, 416, 417, 418, 419, 420, 421, 422

The House of Delegates has passed the following Senate bills: SB
154, 374, 377, 704

The House of Delegates has agreed to the amendments proposed by the
Senate to the following House bills: HB 588, 645, 1110, 1160

The House of Delegates has agreed to the substitutes proposed by
the Senate to the following House bills: HB 227, 667, 924, 1359

The House of Delegates has agreed to the following Senate joint resolutions:
SJ 88, 159, 160, 161, 162, 164, 165, 166, 167, 168, 169, 170, 171, 173, 174,
175

The House of Delegates has defeated the following Senate bill: SB
224

Senate bills with House amendments and substitutes placed on
Calendar

House joint resolutions laid on Clerks Desk: see March 8 Senate
Calendar

SJ offered by Senator McPike (unanimous consent to introduce by
voice vote)

SJ offered by Senator Lewis (unanimous consent to introduce by
voice vote)

Joint resolutions laid on Clerks Desk under Senate Rules 11(b),
(26)g and HJR 37: see March 8 Senate Calendar

On motion of Senator Norment, the Senate recessed at 10:50 a.m. to
reconvene at 11:55 a.m.

The Senate reconvened at 11:55 a.m.

CALENDAR

 

 

 

 

 

 

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 retire to the gallery. The senators and all in attendance will stand and be led in prayer by the sikh foundation of Virginia, Fairfax station. Dr. Singh, welcome.
[Unknown]
Let's pray. O, lord, almighty God guide us to realize the truth about our existence, our real self, the God within, the ultimate realloy so that we May attain an eternal state of bliss. Oh, lord, show us the light so that we believe in the universal brotherhood, the truthful living and honest hard work. And give us strength to build our character so that we May have malice towards none, and share our blessings with others. Almighty God open up our hearts and minds so that we always discern your will for this commonwealth and for this nation. Please grant us wisdom and courage and inspire us with vision to that americans of all faiths and colors continue to be a force for hope and freedom throughout the world. O, lord, May your grace and presence be with the members of the Senate as they fulfill duties of their office and serve you by serving the people of this commonwealth and this nation. Lord, set these elected representatives free to speak truths by study and prayer, to discern what is right and to be distinguished for their integrity. O, lord, bring us into the fellowship of men and women of love and God in whose company we May always remember thy will. [speaking in foreign language] our pure souls belong to the lord and the lord forever be victorious. Thank you.
[Unknown]
Amen.
[Unknown]
The clerk will call the role. All those present please vote ayes. The clerk will close the role.
[Unknown]
You have a quorum, Mr. President,.
[Unknown]
The Senate journal for March 4, 2016.
Bill Howell
Senator Locke moves that the reading of the journal be waived. All in favor of the motion will. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 31, nos 8.
[Unknown]
Ayes 31, nos 8. The reading of the journal is waived. The clerk will report any communications from the House. The Senator from James city cou.
[Unknown]
I respectfully move that we waive the reading of any communications received from the House of delegates sir.
Bill Howell
All in favor of the motion w. 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 35, nos 5.
[Unknown]
Ayes 34, nos 5,.
[Unknown]
Reading of the communication is waived. The clerk will please report any communications from the governor.
[Unknown]
I do not have any, sir.
[Unknown]
The time has come to recognize visitors to the gallery and take up matters from the morning hour. The junior Senator from Virginia beach, Senator DeSteph .
Bill DeSteph
I rise for an introduction.
[Unknown]
The Senator has the floor.
Bill DeSteph
Joining us we have luke rhodes and his parents jamie and they are first-time visits to jeff. The capitol. Luke's artwork has been displayed in our office and enjoyed by many visitors in session this year. A young artist. Inspiring astronaut. He has the opportunity to become the next president of the united states. I would like to give the warm Senate welcome to luke and his family.
[Unknown]
Would you please rise. Welcome to the gallery this morning. Luke, it sounds like you are on a good start to a wonderful career. Thanks for sharing your artwork. We have a lot of artwork around the general assembly building and we appreciate seeing that. Keep up the good work and thank you all for being here today and wish you safe travels back to Virginia beach. I would ask the members of the Senate to join me in offering young Mr. Luke rhodes and his parents jamie and jeff rhodes the warm welcome of the Senate. [applause]
[Unknown]
The Senator from Prince William County, Senator McPike .
Jeremy McPike
Mr. President, I rise to move the suspension of the rules and unanimous consent to enter a memorial resolution under item 26-b and speaking to that motion, Mr. President,.
[Unknown]
The Senator has the floor.
Jeremy McPike
I appreciate the body's report. Due to last week's shooting I am asking to exceed my limit of 10 to add one more and ask the body
[Unknown]
The question is shall the support for that. Senate grant consent for the Senator to Prince William to introduce a memorial resolution. All in favor say aye. Those opposed, no. The ayes have it. The consent is granted, Senator. The senior Senator from Henrico, Senator McEachin .
Don McEachin
I rise for two introductions.
[Unknown]
The Senator has the floor.
Don McEachin
Mr. President, today in the gallery we a group known as higher achievement. They are leer with keesha Williams and felicia wilson. I would ask that you give the warm welcome of the Senate .
[Unknown]
Without members of higher achievement please rise. Welcome. Thanks for being here in the gallery this morning and thanks for taking a visit and a tour of the capitol. There is a tremendous amount of history here. We hope you have a wonderful day. I would ask the members of the Senate to join me in offering members from higher achievement the warm welcome of the Senate. [applause]
[Unknown]
The senior Senator from Henrico .
[Unknown]
Thank you, Mr. President. Also in the gallery today we have planned parenthood, a number of their advocates are visiting with us today including their leaders. Would you give them the warm welcome of the Senate, Mr. President.
[Unknown]
Thank you, Senator at they are ease to pick out this would the members from planned morning. Parent hood please rise. Nice to see you in pink today. I hope you have a wonderful visit today. I ask the members of the Senate to join me in welcoming members from planned parenthood the warm welcome of the Senate. [applause]
[Unknown]
The Senator from Buckingham, Senator Garrett .
Tom Garrett
I rise for an introduction.
[Unknown]
The Senator has the floor.
Tom Garrett
Mr. President, today in the gallery we are joined by melly e nicole Chase, a student at James Madison university. A health science major and is repeatedly on the dean's list and plans to become a physicians if assistant and volunteers at the rescue squad that services the home of the Senator from Rockingham County. She was a House Page but despite that fact I ask that we give her the warm welcome of the Senate .
[Unknown]
Would you please rise. Home of the dukes, what a great university that is. I am not allowed to reveal in front of the body what I do in my other life but I will tell you that we have a couple of p.A.S, physician assistants in our office and are always looking for a wonderful addition like yourself. So, keep us in mind. And what a wonderful career path that is. And nothing better than helping out people that are sick. So we wish you the best and thanks for being here today. I would ask the members of the Senate to join me in offering Ms. Melanie Chase the warm welcome of the Senate. [applause]
[Unknown]
The Senator from Fairfax city, Senator Petersen .
Chap Petersen
Thank you, Mr. President. Rise I rise for an introduction.
[Unknown]
The Senator has the floor.
Chap Petersen
We are joined by a representative of the sikh foundation of Virginia who gave the in vocation today. Dr. Jaeb singh, I hope I got that correct. I am familiar with the congregation because when I drive down ox road heading south to Richmond I go past it every week and run past it and bake be past on occasion. And I think I count a couple of your parishonners as clients. Several members of the sikh foundation in the audience. I would like to give them the warm welcome of the Senate. Thank you very much.
[Unknown]
Would Dr. Singh and your guests please rise. Thanks for your wonderful message this morning and getting us off to a good start. I know this is your first visit but we hope you come back and see us again in the near future and hope you have a wonderful stay here today in the capitol and safe travels back to northern Virginia. Please join me in offering Dr. Singh and his guests the warm welcome of the Senate. The Senator from Accomack County, Senator Lewis .
Lynwood Lewis
Rise for a motion the Senator has the floor.
[Unknown]
I have reached my motion on commending resolutions and would like unanimous consent to offer two commending resolutions. I promise.
Lynwood Lewis
Shall the Senate grant consent for the Senate from Accomack to grand two commending resolutions. All in favor say aye. The ayes have it. The Senator is granted consent. Is there any other business for the morning hour. Seeing none, the Senator from James city county, Senator Norment .
Tommy Norment
Thank you, Mr. President. I would now ask that the Senate stand in recess until 11:15 and on recess that the Senate republicans will please retire to normal prayer meeting room.
[Unknown]
Thank you, Senator. The senior Senator from Fairfax, Senator Saslaw .
Dick Saslaw
Mr. President, shortly before the republican caucuses meet I need to meet with the newest caucus just assembled the 8th planning district caucus over a particular bill that affects those who have part of the 8th planning district in the back room there, okay?
[Unknown]
Thank you, Senator. The senior Senator from Henrico, Senator McEachin I would ask if the Senate democratic caucus could meet in the room in the back. Thank you.
Don McEachin
The Senate will stand in recess until 11:15. [Senate in recess]
[Unknown]
The Senate will come to order. Returning to the morning hour. The Senator from Arlington, Senator Favola .
Barbara Favola
Thank you, Mr. President. Rise for purposes of introduction.
[Unknown]
The Senator has the floor.
Barbara Favola
Joining us in the gallery is connor cummings, accompanied by his parents, sharon cummings and Martin cummings. There are additional members of the cummings family. And representatives of the autism society of Virginia. Sharon cummings a mother and connor cummings were effective advocates helping pass a law that would ask that judges take into consideration a disabled adult child in the awarding of child custody payments. It was a landmark piece of legislation. I was honored to patron that legislation with Senator Wexton and I think that the cummings' family along with those who are advocating for autism across the commonwealth should be given a warm welcome of the Senate. Thank you very much, Mr. President.
[Unknown]
Would connor and members of his family and the autism family of Virginia thank you for being with us. I appreciate your patience. I know you have been waiting kindly to be introduce the. Just as the Senator from Arlington said the work you have done over the years for the advocacy of children and families with autism has been exemplanned parenthoodry. Exemplary. We still have work to do, as you know. Keep up the good work. Thank you for being here to advocate for those children and their families with autism. I ask the members to offer the warm welcome of the Senate. [applause]
[Unknown]
The Senator from Spotsylvania, Senator Reeves. Thank you, Mr. President. I rise for an introduction.
Bryce Reeves
The Senator has the floor.
[Unknown]
Mr. President, it is my pleasure to bring the attention of body to the gallery. There is very important people in the gallery that came to see how we proceed today. Ms. Chris soltice, nora basson, susan vigilucci and yes, Mr. Chairman May seat mate's mother lois Garrett who is the Head of the Buchanan chapter for dick Saslaw. I wish she would come more often. Since losing my mother she has become my adopted mother and I want to give her the warm welcome of the Senate .
Bryce Reeves
Thank you, Senator. Would Senator Garrett 's family please rise. Welcome. Thank you for being here. I didn't want to interrupt you the other evening at the university of Richmond basketball game but I saw you there and looked like everybody was having a good time. Keep an eye on your son doing good work for the commonwealth of Virginia. I ask the members to join me in offering members from Senate Garrett 's family the warm welcome of the Senate. [applause] is there any other business for the morning hour? Seeing none, I would ask that the clerk please call the calendar.
[Unknown]
Senate calendar for Monday, March 7, 2016. Page 7. Unfinished business, House bill 865. The House has rejected the Senate substitute.
[Unknown]
I move a that we insist and our amendment and request a committee of conference.
Bill Howell
Shall the Senate insist on its substitute and insist on 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 the clerk will close the roll. Their vote?
[Unknown]
Ayes 40, nos 0.
[Unknown]
The motion is agreed to.
[Unknown]
Unfinished business, Senate. Senate bill 246 passed the House with amendment.
[Unknown]
The Senator from Franklin County, Senator Stanley .
Bill Stanley
Thank you, Mr. President. I move that we concur with the House amendments to the Senate bill 246 speaking to that motion, sir.
[Unknown]
The Senator has the floor.
Bill Stanley
Senate bill 286 created a grant fund included in the budget and certainly we had it on the Senate side. It tries to create in the qualified schools that have students that are 40% or higher free or reduced lunch rate a teams robotic grant where the schools in rural areas, underserved and underprivileged areas can start up team robotics competition programs. They are not recognized like the sports programs but they teach sem disciplines to the students. Our per capita for parents is lower than the state average to even contributing is tough to do. The grant would be up to $10,000 per team per year and certainly what the amendments do is because we have it in the two year part of the budget it puts a sunset clause to make sure that schools that are qualified for the robotics grant to start up and maintain and pay for the expenses of the competitions will have the money they need for students. We will take a look at it after two years. The only amendment was to make sure that at the end of the two years we can look at that grant fund as a pilot program and see if it could continue. I renew my motion that we concur with the House amendments on Senate bill 246.
Bill Howell
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 360 pass the the House with amendment.
[Unknown]
Senator how well.
[Unknown]
Thank you, Mr. President. I move that we concur with the House amendment. This Senate bill was a recommendation of jay lark. The idea is to have a model exit survey for teachers so we could look across various jurisdictions to see why teachers are leave. The House has simply is simplified the language.
Bill Howell
Thank you, Senator. The question is shall the Senate concur with the House amendment. All in favor of the motion will. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The Senate concurs with the House amendment.
[Unknown]
Senate bill 440 has passed the House with a substitute.
[Unknown]
The senior Senator from Fairfax, Senator Saslaw .
Dick Saslaw
I would ask that we reject the House substitute. Del ray Cox and I put in bills that were a little bit similar with some what of the same goal in mind and changed my bill to match his and I changed my bill to match mine. Hopefully we get it worked out in conference. Just a couple of the differences he defines it to you get up to four years. One of the problems that you is that the Senate bill I initiated in order to qualify for these grants you have to take 30 credit hours. The thrust is to get people in and out of college before and hopefully in four years so they don't pile up a lot of debt. And there are in some cases there are five year degrees which mine would cover and his would not. The other is in recognition of the fact that a lot of people in their early 20s are totally emancipated and not dependent. Mine doesn't have the requirement that they be a dependent and his does. Like I said, we can get a lot of this work out in conference and should be able to. To start on its path I would ask that you reject the House substitute.
Bill Howell
With the recommendation that it be rejected all those in favor of approving of the House substitute will record their votes ayes, 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.
Dick Saslaw
Ayes 0, nos 40.
[Unknown]
Ayes 0, nos 40. The substitute is rejected.
[Unknown]
Senate bill 515 hassed the House with amendments.
[Unknown]
The Senator from Prince William County .
[Unknown]
Mr. President, I move that the Senate concur with the House amendments and speaking to that motion.
[Unknown]
The Senator has the floor.
[Unknown]
The House amendments remove the conflict with a bill proposed in regards to commuter lot signage. Renew my motion to approve the amendment.
Bill Howell
The question is shall the Senate on consider 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]
Senate bill passed with a House Sunday .
[Unknown]
I move we reject the House substitute. I renew my motion that we reject the House substitute.
[Unknown]
Thank you, Senator. With the recommendation that the substitute be rejected all in favor of concurring with the substitute record their votes aye, those opposed no. Are the senators ready to vote. Have all of the senators voted? Do any senators desire to changi r vote? The clerk will close the roll.
[Unknown]
S1 1, nos 39.
[Unknown]
S1 1, nos 39. The substitute is rejected.
[Unknown]
Senate joint resolution 6 agreed to by the House with a substitute.
[Unknown]
The Senator from Augusta, Senator Hanger .
Emmett Hanger
Thank you, Mr. President. >> This House joint resolution e department of social services are programs, daycare programs exempt from licensure. The House substitute changes the reporting requirements so that both of the relevant committees in the House and Senate will receive a report before it is passed on to the governor. So I again move that we concur with the House substitute.
[Unknown]
Thank you, Senator. The question is shall the Senate concur with the House substitute. All in favor say aye. Those opposed, no. The ayes have it. The Senate concurs with the House substitute.
Emmett Hanger
Senate bill 468. The House in consists and requests a committee of conference from I move we acede to the request.
[Unknown]
All in favor of the motion w. 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 0, nos 0.
[Unknown]
0 ayes 40, nos 0. The committee is agreed to. >> The Senator from Hanover, Senator McDougle .
Ryan McDougle
I have a resolution to send to the desk.
[Unknown]
The desk will receive it, thank you. Senator. The Senator from new hampshire.
Ryan McDougle
I like Wise have a resolution I have sent to the desk.
[Unknown]
Thank you, Senator. The desk will receive it.
[Unknown]
Page 13, Senate bill vetoed by governor. Senate bill 612.
[Unknown]
The Senator from Buckingham, Senator Garrett .
Tom Garrett
Mr. President, can that bill go bye for the day, please.
Bill Howell
Without objection, Senate bill 612 will go bye for the day.
Tom Garrett
Uncontested calendar House bill on third reading. House bill 180 a drug relating to drug treatment court for the city of Winchester and desktops of clark, Frederick and Warren. Adopted by the Senate and one floor amendment.
[Unknown]
The Senator from Franklin, Senator Stanley .
Bill Stanley
I mo be that we waive the reading of the floor amendment.
[Unknown]
The question is shall the reading of the floor amendment be waive. All in favor say aye. Those opposed, no., the ayes have it. The Senator from Franklin .
Bill Stanley
I move the floor amendment and speaking to that motion.
[Unknown]
The Senator has the floor.
[Unknown]
Mr. President, and members the committee, House bill 180 deals with establishment of drug treatment courts and specifically under sub-section a subject to the requirements and conditions of the localities that the drug courts were specifically allowed in certain counties and cities. And since that time and I don't mean -- and I live by the get your own bill processed around here -- but since that time we had some very disturbing information coming from our cities especially in the city of Danville with regard to drug abuse and use of narcotics and especially opioids. I had gotten a call from officials in Danville and they called myself and representatives that represent the city of Danville and asked if we could just include the city of Danville to this. I would remind everybody that city of Danville once the great and proud city but still the great and proud city had the lowest unemployment rate. We are really suffering from an opioid addiction whether it be in the form of prescription drugs or heroin affecting really good people and then they become a part of the system in the sense that they are arrested and subjected to criminal prosecution. We know that the courts have a real purpose to help people who are in this way only because of their condition and not because of intent to do ill-will to themselves or others. We can help them through the drug courts. I could would ask that we agree and add the great city of Danville to this otherwise very good bill, sir.
[Unknown]
Thank you, Senator. The question is shall the Senate agree to the floor amendment. All in favor say aye. Those opposed, no. The ayesester it. The floor amendment is agreed to. The Senator from Augusta .
[Unknown]
Mr. President,.
[Unknown]
From Rockingham .
[Unknown]
I move pass and of the bill.
[Unknown]
Thank you, Senator. It you want to speak to the bill briefly?
[Unknown]
This is a bill that provides for drug courts in Winchester, Frederick, clark and Warren and now the great city of Danville .
Bill Howell
That, you, Senator. The question is shall House bill 180 pass. All in favor of the motion wille s aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Ange do any senators desire to ch their vote? The clerk will close the roll.
[Unknown]
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The bill passs.
[Unknown]
Regular calendar. House bills on third reading. House bill 685. A bill relating to direct primary care agreement. The committee substitute adopted by the Senate .
[Unknown]
The senior Senator from Virginia beach, Senator Wagner .
Frank Wagner
Mr. President, can that bill go bye for the day.
Bill Howell
With without objection, House bill 685 will go bye for day.
Frank Wagner
House bill 8. A bill relating to the creation of Virginia virtual school.
[Unknown]
I would hike to move that the committee amendments be agree heed to.
[Unknown]
The question is shall the committee amendment's be agreed to. All in favor say aye. The amendments agreed to. The Senator from Lynchburg .
[Unknown]
I would like to waive the reading of floor amendments which should be on individual's desks.
[Unknown]
The question is shall the reading of the floor amendment be waived. All in favor say aye. Those opposed, no. The ayes have it. The reading is waived. The Senator from Lynchburg .
[Unknown]
Mr. President, I move that we agree with the floor amendments. The floor amendments, Mr. President make sure that the Senate has a better participation on the board'. Before it had that 4-2 between us and the House and that brings it up to-3.
[Unknown]
The did he is shall the floor floor amendments beagreed to. All in favor say aye. Those opposed, no. The ayes have is.
[Unknown]
I move the bill pass and speaking to that motion.
[Unknown]
The Senator has the floor.
[Unknown]
This bill is one that has had support and some have had concern about it. This bill as they Valentine 's dayle the virtual school program. Going back now for six years the Senator from southern Fairfax and I and many others have been trying to make sure that virtual education was done in a langical way -- in a logical way. There was an understanding children learn differently. Some learn better through a traditional school setting and others learn in a different setting and we need to make sure that the kids that can learn in different settings get that opportunity. During the time that we talked about this that we indicated that some children gets distracted quickly and there needs to be a method by which an individual can still get an sol score and still be in a public school but a in a form that immediates their needs. What we could not agree pop was the method which we get reimburse comes back to the schools. We told companies that wanted to about help provide this, they need to shop around Virginia and find one with the lowest composite index and decide they were going to link up with the school and provide that school throughout all of Virginia and receive their reimbursement based on a composite index from one of the school divisions that gets more money back from the state of Virginia. The problem is, Mr. Chairman, we found that that only works for so many children and you can only link up a with certain number of schools underwhat it has meant is that our visit daual program? Has has been start stop a with a hot of different programs. This is a public school. We close look on how the individuals are doing on the slos. They are doing better by the average than a great bit. There are people in the chamber I am sure that are very much opposed to virtual schools because they believe that core school that we are all used to is the only way forward. I would hope that we would give another option. Certainly I would open in we are going to have a vertical school program we wouldn't set it up in a way that it is going to game the system. Sets up a formula for allowing for the state to set up a virtual school board, they would be given governance, members of this body and members of the House of delegates would be a part of it. They would also have designation so that they can continue to pull down our funds and other funds because of this bill and also the bill that the Senate finance committee amendments we are considering right now. We set the seal. The bill says it won't be more than 5,000 students. Some were concerned it could run to 25,000 one day and sets the amount gnashed of having the composite index set it at about $4,600 or $4,600. I know there are people that feel strongly both ways about this bill as far as whether we will do a virtual education or lab schools or give ability to for children to have the best ability to learn how they are located. I think we need to take responsibility for a program that we set up and this bill, Mr. President, I think allows us to do that. With that, I would hope that the bill passs.
[Unknown]
Thank you, Senator. The Senator from western Fairfax County, Senator Marsden .
Dave Marsden
Thank you, Mr. President. Rise in opposition to the bill.
[Unknown]
The Senator has the floor.
Dave Marsden
I am fine with alternatives for kids. Kid dos learn in different ways and I think that is an admirable thing to try to do. Where I have some concerns is that mostly any time we use alternative school methods in the commonwealth it is run through a team or special assessment or iep where the school can control the budget report money they going to lose to this virtual school district if you will. That they have the necessary controls to manage that budget. Otherwise I think is creates a budget chaos with cools not knowing how many kids they will sign up for this and how much they are going to use. They are captured costs and captured in cost centers which are schools and supposedly in Fairfax we have say, six kids from every school in Fairfax County who signs up for something like that and that is all great but that amounts to, you know, close to five or six million bucks that the schools lose. And if you lose five or six kids from each school you are not going to save any money by not having to Head kate the kids in the public schools. The janitors are still there and the bus drivers and librarian and administration. The lights are still on. The heat is still on. The.
[Unknown]
School just the money and have to come up with it. If you could come one a bill that had virtual schools for the right side kids at the right time the schools with throw even the door, that is great. Public school I think we need to defeat this bill.
[Unknown]
The Senator from southern Fairfax, Senator Barker .
George Barker
Thank you, Mr. President. Speaking to the bill.
[Unknown]
The Senator has the floor.
George Barker
I also rise to speak in opposition to the bill and my colleague from western Fairfax. The combination of the Senator from lynch burr I -- the comment I think are spot on. This issue has been gaming in the system and I think this bill would eliminate most of the gaming of the system. I think we ought to step back and let things develop a little more before addressing the issue in 207. There is a pilot prosam and is trying to intergreat in many ways over what goes on at the local level. There is some local involvement. The pie lat has been extraordinary lippiest continue. We need to allow that to further development. I expect that we will have it operate and instructed in the most efficient and effective way for ensuring that that the students who need this type of program will benefit from it and there are safeguards built in. There are a couple of things to this particular proposal that cause me some ren. One is that it would -- some concern. One it would have a negative impact on the funding provided to the localities. With take away from the low tal school division and the part. Part of the state sales dakotas is dedicated and it would sift some of moneys over to the virtual program. I think it would be better if it were not finded in that way and we are not harming the local school that visions in moving forward. Further more, I looked lieu the results dating back to 2011-212 up through 2014-2515 school year. In earlier years the students almost invariably performed worse on the sols than students statewide within the school systems. There has been improment but what we are seeing now is a more mixed back and that in some great levels, some scrub corrects the student ers are performing worse. And it is particularly troubling that the higher they are in the some performances in aggregate educational level there were there. I would hope that we would not bass this but continue to work on it and work with the department of education and moved forward.
[Unknown]
Thank you, Senator. The Senator from Fairfax city, Senator Petersen .
Chap Petersen
That, you, Mr. President. Speak to the bill.
[Unknown]
The Senator has the floor.
Chap Petersen
In case you think we all thing alike, I am actually in pave they are this bill.
[Unknown]
What is important is not what is best for the school system or gives the most budget certainty or what is best for the teachers' groups. It is what is best for the kids have. That is the only thing that matters a atlanta are person kids it is a learn better in an environment and they are not here in school room. Nice to put them on a bus and forgot with them for eight reasons, I feet that. Some are disciplined and so this online mod st. Louis a great model we at any time have as an option when I was a student. Almost every educational venue has moved to some extent to an online model. Why would be take k-12st from that. The bottom line is we have been experimenting with this for 10 years. At some point you say we have done a pilot project from year-to-year to year to year. At what time do we set up a system and have some faith and bid this contract out at that the free mark can ling a contract provider that can deliver an education almost product. I have listened to my colleagues who are both more important than I am. They don't have an objection what is best for the kids. What is best for the kids is to move forward to this to make this an only that if your child fits this need it is a good soness option. I vote we vote in favor of the bill.
[Unknown]
Thank you,.
[Unknown]
I rise in --
[Unknown]
Floor.
[Unknown]
The states attempted to develop a competing virtual school system and it is my understanding that the numbers of enrollees have da ininitialed. They at any time start off by very much and they have declined over time. On the other hand with the virtual school program that we have been experimenting with for a -- quite a number of years, there is a lineup of people wanting to epicontrol in this, waiting to use it. It is a tool that is very important. And we can study things in defendant hily. There comes a point where you say we looked at it and it works and now the only thing it needs is it needs some additional structure and we have provided it in this bill. And I think we need to go forward and pass the bill.
[Unknown]
The question is shall House bill 8 pass?
[Unknown]
Mr. President,.
[Unknown]
The Senator from Roanoke city, Senator Edwards .
John Edwards
Speaking, Mr. President, against the bill. The department of education is a actually piloting an online program coming along pretty well, a j lark last September issued a record saying the incremental approach like the department of education is ting is really the right way to go. Another serious tern concern is competition. We have in the say board of education or local school boards and nothing horizon this keep of a system. For these reasons I would recommend that we vote no on the bill.
[Unknown]
Thank you Senator. The question is shall House bill 8 pass? The senior Senator from Fairfax County, Senator Saslaw .
Dick Saslaw
Just a brief word. If I can remember correctly, we at a chart on what some of these costs were and the outfit that is Virginia virtual school if I am not mistaken the private company doing this was charging double, double what the rest of the various entities set up on the state were charging. It was like 3,300 thes have 47 hundreds. One of the things in the trust to privatize government it is one of the things that is bothering me and I am not accusing anyone of anything. Help me, I look at some of the costs associated with this and thinking the only difference between some of these people and jesse James was what he had a horse and a gun. And these costs are way out of line and we ought to think twice about handing out the state treasury in the name of privatization to some people that come in here and some of their ideas aren't bad but you ought to know they are not doing it on the cheap. And you can point to some particular situations where the virtual school hass outperformed public schools but on the whole that has not been the experience here or any part of the nation. Think about this when handing out the state money to anybody.
[Unknown]
Thank you, Senator. The Senator from Fairfax city, Senator Petersen .
Chap Petersen
If no one desires to speak twice. There is one obvious thing I need to respond to that. That is we are not giving anybody a contract bypassing the bill. We are setting you an online school division. I disagree that it is not county using July works we still control the contract and we can solicit and accept thed by. I don't know why we are not allowed to do that in education.
Bill Howell
Thank you, Senator. The to quo is shall House bill 8 pass. All in favor of the motion wille s aye, those opposed no. Are the senators ready to vote? Clothe clothe do any senators desire to change their vote? The clerk will close the roll.
Chap Petersen
Ayes 23, nos 17.
[Unknown]
Ayes 23, nos 17. The bill passes.
[Unknown]
House bill 389. A bill relating to parental choice education savings accounts. Reported from the committee on finance a amendments.
[Unknown]
The Senator from Augusta, Senator Hanger .
Emmett Hanger
I move we adopt the committee amendments.
[Unknown]
The question is shall the committee amendments be agreed to. All in favor say aye. Those opposed, no. Theit. The Senator from Augusta .
Emmett Hanger
I move the bill pass and I would yield to the nascar from Lynchburg .
[Unknown]
Senator Newman. This sets up parental course in he wascation. The bill also when it came through the ed education and health committee we considered it. While it is governor different from Senator stores it approach it has some similarities to it but it is not exactly the same. When it went to finance there was a decision to put a reenactment clause on it. I know that hopes some and tows not help others. The bill requires that this money be used for particular student high in need and sets out a Bath way to have choices. A lott of localities like hein we end up with those that have very few special neat needs. The school is trying to find private options and alsoen very, very expense im. We will provide a pathway for instead of the schools looking forward, private options for one to one relation ships. They are going to allow the parent to find their way that the credits. The gentleman from Richmond city has done a great deal of work in this regard in his previous life and I would like to yield to the Senator for further discussion.
[Unknown]
Thank you, Senator. The Senator from Richmond city, Senator buss.
[Unknown]
Thank ju, I ride to speak if our part of this her purr? Floor.
[Unknown]
If you ever sevenned in toe cal government or any capacity in pub hick information in hawaii we to a family nominal won when it coulds to -- comes to special education. They did a phenomenal job with our students with special needs. Every year there were a small handful of kids pauling through the cracks and if you shocked at know cat amount you know what I am talking about. A letted opportunity for students with special eats and their tamlies to get the them that they need that they aren't getting presently from lair their le cal public school. If it is important to you that we look out for those falling to the cracks and May need a little extra help to get the ex-cational opportunities that they need and being able to support our public skills I would ask that we pass this bill.
[Unknown]
The question is Senate bill 389 pass.
[Unknown]
Thanks you, would the.
Bill Howell
Anchor1: gentleman from Richmond yield for a yes.
[Unknown]
I yield.
[Unknown]
Anneals, jury.
[Unknown]
This would alu taxation --
[Unknown]
It would allow parents give parents the freedom to use 90 9% of the sob funding that would that nile to seek right educational opportunitys.
[Unknown]
Without gentleman y for -- an addition trillion. This would ahow the rollers to go a savings account to them go to a vie I have scoot which would be aschool.
[Unknown]
The Senator from rich Monday city. That is not odd the recommend many of. It provides the parent with the apill to make the right choice for their child when not receive the was ins services that their children child needs.
[Unknown]
Yield for antiational question.
[Unknown]
I will yield.
[Unknown]
He reals, Senator .
[Unknown]
Which sits in appropriate of puck higher achievement Hall be made to any -- with three exceptions which I don't think apply. Could the gentleman explain how this system of sending taxpayer dollars to the pry val schools does not vie eight artal 8-10 of the constitution of georgia.
[Unknown]
This would never allow for the traps periphery puck lick funds directly to an intimate tubes jam this goes to a let by a pair ren or hardant. In wore states it has passed cop city tubessal muster despite similar top city tubessal visions like we have here in Virginia .
[Unknown]
The Senator from fairfaxless.
[Unknown]
Thank you, speaking to the bill.
[Unknown]
Floor.
[Unknown]
I think it still has a scheming con city usingallity upon lem. Not only is it improper under the first amendment of the it's contusion.
[Unknown]
The wall between church and light and the montessori health of 2 t. Is veiny. I.
[Unknown]
An opinion in which he wrote a higher day work separation has long been recognized in Virginia and no state has more preeverybodied questions and religious brief and worship as questions between each individual person and its maker thatten Virginia. Mat I milestones and live city, ram imagine memorial and remenk plants have vaughan.
[Unknown]
And historic promise in the colloquy fid texas of thefication of the nation separation of hurricane church and state was rule bijous cities hugh foe Black. I my point is that hawaii has special guarantees because of our history and this legislation undercuts that massively. It sends taxpayer dollars to private schools that stab reridgen. We have a lock 00 year must into the state of not doing that. I would urge you to vote red.
[Unknown]
Thank you, Senator. The Senator from Roanoke city, Mr. Edwards.
John Edwards
I associate my remains to those of the gas from eastern I have another issue, too, we Fairfax. Should consider before we vote nor this bill and I strongly oppose this bill. When we started this ocean I think Virginia was running 4st in the nation in terms of funding for pub like cools. Our beechers are made 6,000 guess than they were in wait adjusting too for ieps nation. We were five thousand h thirties hossa. I'm not sure what the budget this end up looking like. In dedicated to public schools for parents to be put in private account. This is vouchers plain and simple. Taking state money and giving it to private schools through the process of this savings account. Mr. President we have never do this. I would hope we would never do it and Mr. President, this will hurt our public schools and I hope it would be the pleasure of the body to vote no on this bill.
[Unknown]
Thank you, Senator. The Senator from Arlington, Senator Favola .
[Unknown]
Tank you, Mr. President. Speaking to the motion to pass the bill.
[Unknown]
The Senator has the floor.
[Unknown]
I would ask the ladies and gentlemen of the Senate to not support this bill. In addition to some of the arguments made the school system would have to set up an entire process to apply. They would have to set up a process to appeal. They have to for follow the student no locker in the school system. This is an entire administrative burden than would have about oh absorbed under the bill. I feel the school ace sems in addition to losenning mob any and have a burden I think it will have an age pact on the school systems to provide the services that many special education students need. It would have sort of a double negative impact on how our school systems can if you can. For these reasons, Mr. President, I ask that we not support this bill. Thank you.
[Unknown]
Thank you, Senator. The Senator from Buckingham, Senator Garrett .
Tom Garrett
Mr. President, speaking to the bill.
[Unknown]
The Senator has the floor.
Tom Garrett
If you want to know what hypocrisy finds like, breathe through your nose. We have a bill coming up with plan parenthood. At what point does the public education lobby going to stand up and say they care more about money than they do kids. Let be clear. We are not talking about taking money from public schools. We are talking about moving money to help special needs children. This isn't for just any kid. By the church and state logic we heard, Mr. President, if I earned the earned income tax credit I guess I can't put money in the offering tray on Sunday. Right? That is that government money going to the established religion. The money goes to the parent and the parent decides that what is in the best needs of the special needs child. Those that care most are arguing against helping parents with kids with special needs. I look forward to the debate on the bill coming up in two pages where we are told that money is not going to be used for this. You can't have it both ways. It is no the going to religious institutions. It is going to families. Families who of ho love their children. Families who love their childrens who have special needs to best address the needs of the children. Thank you, Mr. President.
[Unknown]
Senator, the senior Senator from Loudoun, Senator Black. >> Speak in favor of the measure.
Dick Black
The Senator has the floor.
[Unknown]
One thing interesting about the structure of this is that the local school district l. Retain 100% of their local funding under this particular arrangement. We are being extremely cost efficient and have no damage whatsoever to the local schools. As to the legality of this, this is something that has been substantially litigated already. And just as anexample in the arizona superior court the opinion of the court which is consistent with the other decisions said that the exer sides of parental choice among the education options makes the program constitutional. In other words, we don't have the authority under the blaine amendment to simply give money to a parochial or religious school to spend is the money but we can give it to the money to spend. I think it is a facetious argument there a legal problem. I don't think there is and I think it is time to focus on the concerns of the students with disabilities. We are talking about students with disabilities whose parents find that those students do not thrive in the public school setting. We need to get away from simply, you know, worrying about what -- what the teachers' unions May think or not think. Let's focus on childrennd what will benefit the children from Virginia .
Dick Black
Thank you, Senator. The junior Senator from Henrico, Senator Dunnavant .
[Unknown]
Speak to the bill.
[Unknown]
The Senator has the floor.
[Unknown]
I would challenge the body for us to use consistent and well reasoned thinking in what we are doing and I want to echo the sentiments of the the Senator from Fairfax earlier. These children in particular and I hope that you will support this bill and give them the opportunity to fund an education that works for them.
[Unknown]
The Senator from Stafford, Senator Stuart .
Richard Stuart
Speaking to the bill.
[Unknown]
The Senator has the floor.
Richard Stuart
I know we talked about this a lot but I am so glad to hear somebody say, Mr. President, this is about the children. There are so many reason and people in here who really want to do things for these children who need help. I couldn't sit here and not talk about it. Here is the reality what you can do request the bill. There are children in are roll areas of the state. Not in Fairfax County and others who have the best system in the state who can't be served by their public school systems. I went through public schools, my wife and my mother and sister-in-law and grand mother were public school teachers. There are places that cannot serve these children with disabilities as you read in the bill. This gives them a vehicle to go and get help some where because what happens if they don't get it? These children are lost. They are lost. They get pushed through the system. They never really get help. They never really receive the education that they should receive. And the ability for them to have some sort of a typical life, I don't use the word normal because I don't thing any of us, and I 'm certainly not normal but some sort of a typical life. It is no the about the v.A. Or a constitutional challenge. You can make up all kinds of excuses to vote against this. The school systems lose in money. Think about that that child has a tough life ahead of them. It takes them three times as long to get out of bed and get dressed than it does the rest of us. Give them a break and get some open and let them find an education that will help them succeed in life.
Bill Howell
Thank you Senator. The question is shall House bill 389 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. Ayes 20, nos 19. >> Ayes 20, nos 19. The bill passs.
[Unknown]
House bill 883. A bill relating to comprehensive plan reported from the committee on local government and there is a floor amendment.
[Unknown]
The Senator from eastern Fairfax County, Senator Surovell .
Scott Surovell
Thank you, Mr. President. I waive reading of the floor amendment.
[Unknown]
The question is shall the reading of the floor amendment be waived. All in favor say aye. Those opposed, no. The ayes have it. Reading of the floor amendment is waived. The Senator from eastern Fairfax County .
Scott Surovell
Thank you Mr. President. Speakingto the floor amendment.
[Unknown]
The Senator has the floor.
[Unknown]
House bill 883 a bill that came through local government. We had questions about it there and the floor amendment addresses the questions. What it says is that if you are -- if somebody wants to put up a three communications now in a toe cality and says that the locality allows cell phone towers to go in by right in a certain zoning dit trick that when the bill passes that application will be deemed in compliance with the comprehensive plans. They do not need to have a hearing in front of the planning commission. The bill has an exception for planning district 8 which is Prince William, Loudoun, Fairfax, city of Falls Church, city of Fairfax. I think I got everybody. This amendment provost proses to slip out planning district 8 so we have a state wide standard when it comes to cell phone towers in by-right zoning districts. Obviously I represent two planning distinct 8 constituencies. I have spoken to the localities and they are not excited about it but I have also spoken with the wireless industry and it is the wireless industry and it is important that we have statewide standards because there are new technologies coming. We have 5g coming in a years. A wig discussion about the proper type of process we use to apply. It will put you at end of the list of getting new technologies and I don't think that is what northern Virginia or any farther of the state deserves. It is important that we have a statewide standard. We caucused about it. This will be the new planning district 58 caucus, caucused about it. I think everybody is okay with it, I would ask that you vote for the floor amendment so we have a statewide standard for cell phone towers in by right zoning district.
[Unknown]
Senator Saslaw. You had your light on. Thank you, Senator. The Senator from Stafford, Senator stewart.
[Unknown]
This amendment makes hence. Eneed to acrept a skatewide poll is and opt out.
[Unknown]
Shut the element we agreed to. All in favor say aye. Those opposed, no. Commonwealth have. The stand at ease from Stanley .
[Unknown]
I move that House bill 883 move.
[Unknown]
The the Senator has the floor.
[Unknown]
I move that House bill 883 pass.
[Unknown]
Thank you, Senator. The request he is shall House bill 883 pass? All in favor of the motion willa ye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote?
[Unknown]
The clerk will close the rol.
[Unknown]
S1 40, nos 0. The bill passess.
[Unknown]
House bill 350 a bill relating to the cert cal of puck live need program report reported from the committee on education with health a with substitute and there floor substitute.
[Unknown]
The Senator from Lynchburg, Senator Newman. I move that committee substitute be aed to.
Steve Newman
All in nerve of another, nose toisonsed po. The nos have it. The it. I would move that the committee substitute be agreed to and win nave the reading of the nascar substitute.
[Unknown]
The question is that will the yeting we gived. All if navar assay, those opposed, nay.
Steve Newman
I move we have the loor in peeking to that this mosquitos. He know that the members of the education health committee have heard as much of this bill as they thought they would. Mr. President, the bill brings up an important matter that I believe that this Senate must deal with. Over the last couple of weeks we have put together what I think is a strong and reasonable and balanced bill. It was not an easy decision to come to the substitute. But I think we put together a bill that I think ultimately will be the path that we will most likely reform copn. We it take steps. We recognized we need to do something about innovation and we needed to do something about funding for our hospitals. Mr. President, the bill that came to us from the House of delegates that we are considering amending was a complete reform of the bill in every way. We would ultimate play phase out almost all of copn and we would replace the guns with base exally nothing and there were some and some in this body that are any in favor of that top of reform. We took a different path. Took what I think is a balanced path. Our subcommittee had meetings and had discussions with the on thes and discussions with the physicians and cubs with experts that look -- I think the Senator did a remarkable job in dratting the substitute before us. We had major meetings and shocked to find there has never been one with the hospitals about what would be a potential of -- legislation of this magnitude.
[Unknown]
Of the to be clear even though we wet with nelly all their ceos and to be clear, this is not a about I will that they support. This is a bill however, that I think is the model for us for going forward. The substitute cleans up a number things. One, you will remember that coming out of the committee there was a drafting error that related to Chesapeake hospital that brought in all of planning district 23. Clearly it substitute fixes that. Over weekend fee sound there could about he a conditionky tubessal problem with interesting the small feet on the news individuals that sim into areay and said that the Chesapeake authority does the have an opportunity to appropriation out of the fund. What we put together in May opinion is what the Senate does best -- and that is we take difficult problems often colloquying from the House, we remove the emosquitos and we polled upon lemes underwhat 1 what this bill of the meant to do. It just a over with a afterof low motions. Some con strived. It certainly was apron lem. I would like to mention to you
[Unknown]
Of the a couple of quick thin is. Why and what and how and when. One is what. What is copn. You is seen us going through reform before. Some of you remember the boeinb commission and work belling doen there. We are tried to solve in this year. He need we needed to a concern amount of funding. Some May remember the Nixon era where the president went on television to say he is ordering a freeze on all prices and all wages. Remember that? He said we will put a freeze on everything and ended up putting in two young men named rumsfeld and cheney to run the department and they came up with a new Price tore everything and determined how much wages could go up for everything under a republican administration.
[Unknown]
, that didn't last long. It ended up being dismentled relatively quickly. There are vest ands left over. And copn is one of those items s that is left over from era. Mr. President, today you need to understand from the ncsl, v. Virginia is a fully regulated copn state. As a matter of fact, if you have a chance to ed rat bill the parts -- have than to read the bill the marts that aren't underlined it is incredible. It recommended a number of changes because it so broken. Mr. President, the commission agreed that we needed to have off sets. They didn't come back with the offsets in the final recommendation but agreed me needed to have more than just the ultimate bill they set forward. Mr. President, the next question is why are we tear hood? We are war here 150 years later after the bogey commission looked at that and we here today because we are in a different medical environment than we were before. You know in your communities and if you don't know you need to check it is likely that your community is like mine and that is that the hospitals are either being forced or they are being encouraged to buy up everything in the community. In my community it has happened. In know roko, it is happening. Harrisonburg throughout the. And it is hooping kurt the country a move toward consolidation in healthcare and has propoed the bills everywhere in the country. Very a bill that goes toward imaging. It would mean that Virginia would consider imaging which is only one of 13 states that have imaging left to bring it out from under copn. Mr. President, I would give you another reason why this bill is here today. And that is because of what is happening in northern Virginia, we had enough tomorrow those that do know know this is true. Maryland is linning up the borter with impanelmy kiss members and it tookses from all oh over nan louisiana Mr. Be tacking it rate over the border. If we don't to something in the next five years and I predict we will get at a condition at some point soon where we will say we have got to have tomorrow compe. The other is the how. How do we do this? A reasonable bill. We basically said that we are going to see form the process by taking out cts and mris and a couple of other items. We didn't take the still step. We didn't take the full step, we took the smaller step towards pull reform. The other question is how we decided to go funding organization. Some that we think to much into it and mott some think you shouldn't but a night to about, it.
[Unknown]
A logical neck us to the bill. What we got back from the hospitals as the quote damage on the lower end would be about $186 million and from secretary hazel's office the new federal rules put that about in half and produces an impact in Virginia of 2 millioned our committee was willing to just let that goo boeinb withouting to something about at we produe the what I thissism think of the most most virtual education way to take care of people poor and age did I I would without expanding. This is it the first time in this slate sledge lature in many we will years we have beenible to these these people with those problems injure the tualatin does not have 90 millioned in it because of of a discussion with the apartment in lakes and the number 1 hip 9. The full in the bill is a dill different than what we had before. The question then becomes of when the bill does have 25019 as the fee againing of this bill and it does with withoutying into sen trillion funds. Mr. President, it is reasonable to say most hospitals still are not in favor of it or would rather us to this for postpone this and talk about this more. It is also reason only to say that most dock rivalries twoing think we it not go governor. This great a great, great helping in prepping produce a process. Pathway forward. Low pressure system, I know, I have heard from the from Augusta and others that there is a revenue bill problem on this bill. And I have talk to the finance about that issue and I understand. The fact is that in the past we have had a disagreement between the House and the Senate on revenue wills. The not has been more generous I think on revenue bills. The House of delegates continued with the belief that even if it dates or beyond the bi andsnnau, eight free is it in raises money for spends money it is a revenue bill. He think there is going to be a motion on that that few minutes.
[Unknown]
Mr. President, I would tell you that whatever happens on that and I have not lobbied this bill, not one penzance we came out of committee. I no you have been lobbied a lot. I have not plenty of drew to vote anyway. If we took a vote right now it would be a close popular vote. That is for sure. I thank we set out a pathway for the future. I hope the hot of delegates is look the a the this and understand you could not have absolute reform without considering the impact on our hospitals. I love my hospital. When my children or my parents are ill they take case of us. We need to take care of them. We take care of them by the state doing more of what they should do and that is not spending 66 cents on a dollar under the med denidation. This tays that the montessori I in based would go into the reimbursements to raise the 67 cents up into the 70s. And says we will fund some of the gap programs. We are not farr away from helping solve a big problem lem and this would help us. I have a longs presentation and a short presentation. I don't speak often on the floor but I think this is an issue needs to be solved. I would like to maybe have an opportunity, Mr. President, at the right time if the mosquitos is made on this being a revenue bill that we have a chance to talk about that. The number of senators in the building have ton emom russ work and one is the -- enormous russ, the junior Senator from Henrico, Senator Dunnavant. I would like to yield to the Senator for other comments.
[Unknown]
The junior Senator from Henrico, florida curse.
[Unknown]
Speak to the bill I .
[Unknown]
I am grateful and I want to speak to it a little bit. Our marketplace is under extreme duress and much of the responsibility in assisting the marketplace will fall to this body. And particularly we have [please stand by] if we are going to change the dynamic we have a find a way to off set the losses and that is what the fund does. It is not only medicaid expansion. And this is not medicaid expansion. Charity care refers to amount of money we are paying for the patients insured that are being taken care of by our doctors and hospitals and we need to find a resourceful way to increase the rates in order to help them be whole so we can improve the marketplace and provide more competition. And physicians are being absorb inside employed situations because they cannot compete in the marketplace and having the opportunity to have services for which they can be better reimbursed begins to off set that trend. I don't personally and I hope everything in the room would prefer us to have some privatization of healthcare. I think we have the finest healthcare system in the world. But we need to have some mpetition. to ensure that exists. A balanced approach to disai'mabling an archaic system of regulating services in the marketplace that will help us make a real difference in how we provide healthcare in Virginia and I hope that the Senate will he about able too leverage that argument so that we can make true progress in resolving this problem because just disassembling copn will cause untold consequences. Deregulated and lost 30% of rehave seen one state that their hospital. We need to have a responsible approach to this and this bill provides that. Thank you for your time.
[Unknown]
Thank you, Senator. The Senator from Augusta, Senator hang.
Emmett Hanger
I rice for purposes of a motion but would like to speak on the bill first I slugle with how we can access additional funds and certainly take care of those that are in need of care without putting them into nkruptcy. Indeed, last year as part of the budget process I was asked and our hhr substitute committee agreed to put language in the budget which required a task force and that work was engamed over this past year. Another reason that I struggle here is that my friend and I enjoy a good working relationship and he also has a great passion for this particular endeavor. And, indeed, as I reflect back on the beginning of this session, Mr. President, when we were reorganizing committees I think there was some reluctance, some of us encouraged the Senator from Lynchburg to undertake the chairmanship of the education and health committee. He had reluctance because he viewed it if you are going to do it right as a large undertaking where he was going to ask to commit time here away from his business and his family. He agreed to do that and I would say has done a tremendous job and I look forward to the good work he will be able to do in that capacity over next several years. Having said that, we worked last night in the hhr sub committee on this issue and perhaps have some disagreement and some agreement. I certainly agree that significant work needs to be accomplished over the next several years but also the other part of this that I struggle with, Mr. President, as has been alluded to, we operate under rules. And one of those rules is anything labeled a revenue bill has a advance on a certain calendar and time table and although it has been worked even tremendously in the education committee with lots of time committed by not only the Senator from Lynchburg but the junior Senator from Henrico and many others, and made great progress in bringing together different view points on how to proceed and I applaud them for that. But it also I, I would point out, Mr. President, that the bill has never been in finance me committee and I would draw your attention to Page 8. Well, Page 34, lines 844 through 848. Where careerly it talks about considerations that are to be required from providers based on the level of charity care and based on their net operating income. Which would not exceed $109 million in any given year. Clearly, Mr. President, it is a revenue bill. Clearly when it requires appropriate regulations for this to work it should be considered previewed in a timely man are. So, Mr. President, it is for that reason that I would move that under rule 20 g we commit this bill back to the Senate finance committee to be carried over for the year and having made that motion, Mr. President, I would yield to the Senator from Lynchburg .
[Unknown]
The Senator from Lynchburg, Senator Newman .
Steve Newman
Mr. President, clearly I do not want this bill to go away. This bill I think represents the flame work for the future. I had a conversation with the gentleman from Augusta, lieutenant governor, talked to Senate finance staff about the rules. Mr. President, I care passionately about this bill. I think it is something that we have to solve. Mr. President, over the years I have cared passionately about the rules of the Senate as well. I will never forget we had a rule related to parental notification. The question was if we break the rules can we get it passed. And we decided not to break the rules. This bill pains me. It raises money and spends money and I am told that that means it as revenue bill. I have gone through gyrations and dates pushed out and gotten nongeneral funds and back flips on how the funds take lace. I don't know it was perfect policy. My last attempt was that americaning to look at a reenactment clause and I am told very clearly that the rules of the Senate are that despite that is the way it was 10 years ago if it raises and eastbound pends money it is a -- expends money it as revenue bill. For that, Mr. President, although it is of great troublesome to me, I would ask that we agree with the Senator from Augusta and return the bill back to committee. I will tell you this. I don't know if we would have won or lost. I don't know. I know some people on the democratic side were with it and some people saying let's take out the fees and pass reform and see what happens and I get it. I think that if we are going to continue to operate under the rules and respect the rules the right thing to do is to do it on bills you are passion aate abou. A lot of people have a lot of thoughts on the bill. I reluctantly rise to support the motion of the Senator from Augusta .
[Unknown]
The Senator from Chesapeake, Senator Cosgrove .
John Cosgrove
Thank you, Mr. President. Speaking to the motion.
[Unknown]
The Senator has the floor.
John Cosgrove
I agree with the motion but I have a couple of things to say about this in particular about Senator Newman and about Senator Dunnavant. I am probably the most impacted Senator having to deal with the copo bill because of Chesapeake which is different. The Senator from Lynchburg and the junior Senator from Henrico have worked tirelessly on this and I have the utmost respect for the Senator from Lynchburg for agreeing to go with the rules of the Senate when he is so passionately in favor of this bill. I stand in awe of that and I think he served that body exceptionally well. Thank you, sir.
[Unknown]
The senior Senator, Senator Saslaw .
[Unknown]
I support the motion to send it back. I think there is a general consensus it is a revenue bill. There is some other questions that I have about this. But I will tell you I have been up here awhile and I have never seen anybody and this is come politic kateed topic work harder than Senator Newman has and Senator Dunnavant to try to put together something. Regulation is not easy. And regulation -- I mean deregulation and deregulation doesn't always necessarily mean that you are going to get a good deal Price Wise. You heard the story from the Senator talking to Senator Barker this is not the first time we deregulated mris and machine is like that. But, back in 1978, before ooh aw of you in here were born they decided to deregulate the airline industry on the premise it would bring more competition and drive fares down and everything would be fine. When they went into deregulation that was airlines, northeast and eastern and pan a.M. And northwest and trans world airlines, braniff.
[Unknown]
Continental. And I go go on. Prior to deregulations, canceled flights, I can't remember having one. I used to travel quite a bit all over the globe. Now they are common place. It is not always what it seems. This is a complicated field. This is not your normal field where economics would work in building widgets would work here. This bill is a thousand percent better than what we got largely thanks to the committee chairman and the work also of Senator Dunnavant on this. I would hope we would support the motion and send it back.
[Unknown]
There is a substitute motion on the floor to re-refer bill 350 to finance and continue into the 2017 session. All in favor say aye. Those opposed, no. The ayes have it. The bill is re-referred to finance and will be continued into the 2017 session.
[Unknown]
House bill 815. A bill relating to method of execution. Reported to the committee from courts of justice and there are two floor amendments.
[Unknown]
The Senator from eastern Fairfax County, Senator Surovell .
Scott Surovell
Thank you, Mr. President. Move to waive reading of the floor amendment.
[Unknown]
The question is shall 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 Senator from eastern Fairfax
Scott Surovell
Thank you, Mr. President. County. Speaking to the floor amendment.
[Unknown]
Sorry, Senator .
[Unknown]
Speaking to the floor amendment.
[Unknown]
The Senator has the floor.
[Unknown]
Thank you, Mr. President and ladies and gentlemen in case we haven't had enough nondon't versal issues today. Another one in front of us in House bill 815. Basically makes the electric care the default method of execution in the commonwealth of Virginia in the event that we are unable to procure the drugs necessary to extinguish human life. I have many concerns about the bill that I will talk about when we get to the bill itself but the floor amendment attempts to introduce transparency into the process. The bill is simple and incredibly vague for something so important. The bill basically says that in order to skip a prisoners a choice of lethal injection and require them to be executed by electrocaution they have to certify that the when had to as set forth in the section is not available for any reason. And that is all they have to state. For any reason. No specificity whatsoever. What the floor amendment does is requires -- puts a little sunshine on the process. It says that if the director is going to make that certification the director has to provide some information number one the director has to set forth all reasons for the determination the execution by lethal injection is not available and two the director is required to describe the methods made include agilities of pharmacies and manufacturers and other entities contacted in order to try and comply with the statutory mandate. Then says that within 24 hours should be placed on the website for the department correction and given governor and creates transparently -- so that we can judge whether or not in fact the government has exerted enough effort in order to get to this point. Because if you read the bill it says any reason. What could that be? Suppose the department of corrections doesn't feel like going to get the drugs. Does want to get the drugs. One reason is they might not be able to get them. It could be any reason. Suppose they are out of needles. We into ed to have transparency. We are talking about the execution of a human being and that is all the amendment December, inserts transparency in one of the most weighty things the government does. I think it is a good amount and would help the body and I would support it.
[Unknown]
The Senator from new hampshire, Senator Obenshain .
Mark Obenshain
Mr. President, speaking to this amendment. It would be my hope that the members would vote against this. And let me lay a little bit of the back drop against which this bill was introduced. You know, I have had an opportunity or the past couple of years to vote on the bill. Voted against this piece of legislation and I thought that we could get the execution drugs that we could go through the steps necessary to obtain the materials necessary for the most humane method of carrying out capital punishment possible. However, I supported this here. Let me tell you why and why this amendment is wrong and will not work. There has been a concerted effort and really very effective effort by opponents of capital punishment and I understand they are deeply held views on whether we ought to keep capital punishment or not. But the opponents decided their most effective method or tactic in the fight has been to go after the companies that provide the drugs that are utilized for humane executions. And they have done this in a really effective way. They have organize the boycotts of the companies. Anded companies they shell a couple of vowels to a handful of states a few times a year of these drugs and they are face on the other hand with boycotts involving tens of thousands if not millions of people around the world. Who utilize this or fall into line with the efforts and the companies have decided we are not going to tell to states like Virginia at all unless they will certify that they will not use any of the drugs listed for purposes of executions what this has con is created an environment in which we cannot get these drugs. Last year there was an effort to have a piece of legislation that allowed compounding pharmacies to create these drugs which was a good idea. However, it got derailed. Reason that was offered was so that again the opponents of capital punishment could identify the compounding pharmacies compounding the drugs to provide to states like Virginia for purposes of carrying out humane executions and the providers of the component drugs so that they could protest and boycott those as well. This is just another in that line of amendments. This requires a list of all pharmacies, manufacturers, and other entities contacted. Now the whole premise behind the amendment is in part some thought or suggestions that the department of corrections really would refer to use excuse or execute by means of the electric chair. Now you know and I know as well that that is the last thing in the world that the department of corrections wants to do. The department of corrections is going to go and has gone to great lengths and I tell you, I am a little cynical about some in the little class around here and I have policy differences and I May question the -- the representations that some May make. But I had a great and very productive sitdown with the secretary of public safety. And we talked about the efforts that the commonwealth has gone to, to secure these drugs. And I am completely convinced a the good faith and the efforts made by the administration in this instance the public safety to secure these drugs necessary. But this amendment does not make this bill better. This amendment is going to essentially do the same thing as the efforts to boycott. It will further the efforts of those who would boycott providers of these drugs. It would undermine further our ability to secure these drugs. And in a way, you know, it is the result of this is it is a perverse result in that the opponents of capital punishment are making it impossible for us to carry out executions in the most humane means possible. Put the amendment on here and I can guarantee you that it makes it more likely rather than less leakily that executions will take place with the electric chair as opposed to lethal injection. If the debate is over whether we can keep the death penalty, let's have that debate. Let's have that debate. But this is not that. We have the death penalty and this simply means this simply provides the commonwealth with the means for carrying out and hopefully provides incentive for us to carry it out in an appropriate way and this just undermines our ability to do that.
[Unknown]
Thank you, Senator. The senior Senator from Loudoun, Senator Black .
Dick Black
Thank you, Mr. President. Speak to the measure.
[Unknown]
I know there are differences
Dick Black
The Senator has the floor. Over the death penalty and advisability of it, but let me point something out to you. During my time in the pentagon I was personally responsible for all death cases within the department of defense. And having worked very diligently through those cases I will tell you there is nobody on death row because they got involved in a bar room ball and smashed somebody's Head with a bottle. The people who are on death row have done things that are beyond discussion within this particular body. But I will tell you having worked very, very hard on this over many years if we add any sort of a qualification to the manner that we are going to carry this out, we will create a means of litigation. And when you are talking about litigation in the capital arena, the courts are reluctant to disregard even the most fanciful of arguments because they want to make sure that anyone who is put to death has had every conceivable opportunity to make their case. And so -- as you vote on it, just be aware that if we add this it would not surprise me if this one simple measure adds four or five years to the time it takes to carry out an execution. This has been our experience in I time you complicate the system you attenuate it and make it that much longer that you have these people waiting and you have the people of the commonwealth waiting for so I oppose this particular justice. Amendment. >> The Senator from James city r Norment .
[Unknown]
Thank you, Mr. President. I rise to speak against the adoption of the floor amendment, sir.
[Unknown]
The Senator has the floor.
[Unknown]
Ladies and gentlemen of the Senate, as I reflect back on my other Wise undistinguished career as an attorney I think when I came into the general assembly I had tried more capital murder cases than any lawyer in the commonwealth of Virginia. This is a subject that I have professionally and personally and politically reflected on over many, many years. And I was taken by the comments of the Senator from Loudoun we can have a continuing debate about capital punishment and whether or not it is an appropriate policy decision but that is not what this bill is all about. I was very interested as I read the proposed amendment and the number of ingredients that were trying to be inserted into the bill as it now exists. And I also recall that one of the things that defense attorneys ethically must do is to assert every reasonable defense and inquiry in the protection of the life and liberty of their client. And my concern is that with the interjection of these provisions in there that we are providing additional areas of a collateral attack on the efficacy and continued enforcement and adherence to a decision that has been deliberately made by a jury or by a judge after having considered all of the facts and circumstances. Circumstances I remember the spirited debate if not outrage when I introduced some legislation that resulted in reducing the period of time where the rights of a defendant who has been convicted of capital punishment could be adequately protected but that is reduced the period of time from approximately 15 years following the date of judgment to seven and a half to eight years and there was a lot of debate about it at that time. The Senator from Loudoun mentioned the period of time that can take as you exhaust these appeals and no with unis seeking to deprive that convicted defendant of his or other constitutional rights and the protection here of. I am suggesting based on my experience that whether there is an intended for unintended consequence of this amendment, that it is going to inter. Into the entire population of the appeal and care religiousing out of the decision of the jury and judge, it going to extend the period of time and afford the basis for additional attacks. And by the way, Virginia 's capital punishment statutes including the carrying out of the judgment of the court, has been attacked many, many times and the reason that the legislature has been reluctant to change any portion of it is because it has withstood every constitutional attack and to put additional elements into that is only an invitation for additional constitutional and collateral attacks. So I would encourage you to vote against the amendment.
[Unknown]
Thank you, Senator. The Senator from southern Fairfax County, Senator Barker .
George Barker
Mr. President, speaking to the amendment.
[Unknown]
The Senator has the floor.
George Barker
Mr. President, I believe that I agree with the Senator from eastern Fairfax. Whether or not the amendment is adopted I plan to vote against the bill. My concern, however, with this particular amendment is that I agree with the Senator from Rockingham it will further complicate the ability to use the lethal injection method in implementing the death penalty and will result in all offer nearly all of the executions being done by the electric chair which I think is much less desirable than the le that will injection method and I hope therefore we would defeat this amendment.
[Unknown]
Thank you, Senator. >> The Senator from eastern Fairfax County, Senator Surovell .
Scott Surovell
I move to speak if nobody is s. In the queue. If with pass this without erwith or without the amendment this is going to the courts for a long time. We are interject agnew element into it. And I -- whether this amendment is adopted or not, this thing is getting litigated because we are fundamentally changing Virginia 's execution laws if we pass the bill today. I will deal with that in a second after the floor amendments are dealt with, number one. Number two, all this amendment does is interject some transparency on the process. That is all it does. Why do we need transparency? I'm sorry but I don't trust the department of corrections. I don't. We debated legislation last year carried by the senior Senator from Fairfax County and you voted on it and passed over to the body and went over to the other body where I happened to be and this legislation proposed to say the department of corrections didn't have to tell us what drugs they were using to kill somebody. I was involved in a floor debate. That bill died with 33 democrats and 28 republicans voting to kill it. A was a bipartisan effort voting in favor of sunshine. Voting in favor of disclosure. Voting in favor of taking government sanctioned death out of the shadows and doing if in a way that had some measure of transparency about it. On a bipartisan basis. That is all I am asking to do here. And I would note for the body one of my favorite quotes is justice louis brandise. Sunshine is the best disinfectant. When you provide information and you hey lou people to look at it and allow the taxpayers to see how their dollars are being spent and how the government is doing business you get better results and better outcomes outcomes thatis all this does.
[Unknown]
The question is shall the floor amendment be agreed to. All in favor say aye. Those opposed, no. The nos have it. The floor amendment is not agreed to. The junior Senator from Henrico .
Scott Surovell
Yes, thank you, Mr. President. I waive the reading of the floor amendment.
[Unknown]
The question is shall 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 from Henrico, Senator Dunnavant .
[Unknown]
Yes, speak to the amendment, Mr. President,.
[Unknown]
The Senator has the floor.
[Unknown]
This it merely is a clarification about the process that the director will take to ensure that substantial efforts this answers the questions of are made. Some of the opponents to the bill really just that there -- that every opportunity has been made to try and find the preferential whend that of execution. -- method of execution. I think that about says it. Thank you.
[Unknown]
The Senator from Rockingham, Senator Obenshain .
Mark Obenshain
Mr. President, speaking to the amendment.
[Unknown]
The Senator has the floor.
Mark Obenshain
I have much less strong feelings about this amendment than the other one. For some of the same reasons I articulated in connection with the Senator from southern Fairfax I cannot support it.
[Unknown]
Thank you, Senator .
[Unknown]
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 Rockingham, Senator Obenshain .
Mark Obenshain
Mr. President, I move that the bill pass and speaking to the bill.
[Unknown]
The Senator has the floor.
Mark Obenshain
A lot of what I had planned to say has been said in connection with this bill. I wish this bill were not in he was. I wish we were in a position to not have to vote on this bill. However, as I mentioned the opponents of capital punishment have been so successful in their tactics that this bill is necessary. And the timing is particularly poignant right now. We a couple of folks on death row. As a matter of fact, one whose execution had been scheduled for March, May still be. But I am not sure that we are going to be able to carry it out. At least not until this bill passes or until we are able to secure sufficient quantities of the drugs necessary to carry it out. Most of you know the story. Ricky javon grey is scheduled for execution this month. He is connected to nine murders. Nine murders. Convicted of seven. He is connected to a November 5, 2005 murder when the badly beaten body of 35-year-old treva tyrell grey was found in a shallow grave in Washington, pennsylvania by a passerby.
[Unknown]
Senator, if you could give us two minutes. We will let some folks leave the floor of the Senate and then you can carry on. I appreciate it.
[Unknown]
Please proceed, Senator. Thank you, Mr. President. And thanks to madam clerk. On December 18, 2005, sheryl warner, a 37-year-old secretary and mother of three, was found shot and hanged by an electrical cord in the basement of her culpepper home. That murder was connected to rickyjavon grey. Of the seven he was convicted of they took place over the course of seven days in 2006. Most high profile of those was the harvey family, ruby, stella, catherine and brian. Early in the morning of January 1, 2006, catherine, brian, stella and ruby a family of four, were found dead, beaten, slashed, bound with electrical cords and tapes in the basement of their burning House in the woodland heights district of Richmond. Catherine harvey, 39 years of age was co-owner of a local toy shop called the world of merth. Brian harvey was a musician of note, former member of a band well known called the House of freaks a two-man college band in rich Monday. Their daughters stella and ruby were nine years old and four years old. Brian and catherine died of blunt force trauma to the Head. Stella of smoke inhalation and blunt force trauma to the Head. Ruby, she died of stab wounds to the back. One of which punctured her lungs. And then on January 6, police received a call from a Chesterfield resident whose was concerned about their daughter's friend. 21-year-old named ashley baskerville. The caller suspected that grey and dandridge her former House guest and former and current boyfriends of ashley were involved in the harvey murders. Police found items at the Chesterfield homes that linked them to the harvey case. And they stormed the House on east broad rock road where ashley lived with her mother and stepfather. All three members of the backerville tucker family were found dead, gagged, bound with tape in their ransacked House. Purcell and mary had been slashed across the throats. Three had suffocated due to layers of duct tape wrapped around them. Ashley had a plastic bag wrapped around her Head as well secured with duct tape. This is a guy who if we have capital punishment has earned it. Ivan telleguese was convicted of murder for hire in Rockingham County. My county. And is scheduled to be set for execution next month. Now ivan had been dating stephanie sikes. They began dating when she was in high school. She became pregnant with a son, zachary. He didn't want the baby and he left the area. And he was involved in illegal sales of assault weapons and was involved in organized crime in pennsylvania and stephanie couldn't support herself and her child. And she filed for child support for her son. And this so enraged ivan te lleguese that he hired two friends to kill her because she had the audacity to ask for child support. And he told them when you kill her, when you kill her, I want you to cut her and cut her bad. In July of 2001 the killers came to Harrisonburg and he showed them where stephanie and his son lived. And they went to the door pretended to be someone they were not. And they went in to the House and they brutally attacked stephanie, cut her repeatedly as she fought for her life. They almost severed her hand, her body was shredded from fighting for her life. And they cut her Head almost completely off. And you know what, they left her in that House where she was for24 hours with her son. And when the police entered the House they found little boy footprints with blood and fee fecesall over the House. And when at his trial ivan was shown autopsy photographs of stephanie sipe, he laughed. You know, some people just have Black hearts. They are past redemption. You know, if we are going to have capital punishment, let's have it. I support carrying it out in the most humane way possible. But as I have mentioned, opponents well intentioned as they May be have made it impossible or very difficult to carry it out through lethal injection. I hope we are able to secure the drugs to provide the most humane means of carrying out capital punishment. But if these two cases do not illustrate the need and the reason why we have it, I do not know what does. So, Mr. President, I would ask that this bill pass. Thank you.
[Unknown]
Let's hear from eastern Fairfax County. Senator Surovell .
[Unknown]
Thank you, Mr. President. Speaking to the bill.
[Unknown]
The Senator has the floor.
[Unknown]
Thank you, Mr. President. Ladies and gentlemen of the Senate, I agree this is a sad day when we are having to talk about this and deal with this issue. Also a sad day the sect time I had to give it speech and speak to the bill. Not the first time this legislature has seen it. We saw it three years ago. Two or three years ago. And I think the Senate did the right thing that year by killing it in committee. Unfortunately, that is not the situation this year. And this is not an antideath penalty speech. I'm not going to tell you why we should get rid of the death penalty. Today we are talking about what is the right way to do it and that is what I am going to focus my comments on. I want you to argue if you favor the death penalty and want to see it imposed, the right thing to do is vote red. Bypassing the law this thing is heading right to the courts and I don't think it will survive and he will explain that in a second. Five points. Number one, this bill is unnecessary. Poorly written. Three, jeopardizes.
[Unknown]
And four no transparent is I and takes a massive step back wards for the state bying if this direction. First of all? Why is it unnecessary? Some concern about whether or not we have the drugs. I keep hearing that. Right now today Virginia still has two vials of the drugs. They bought three from texas after we told them or after we voted down -- vote the down legislation last year making the whole process secret they went and bought three vials from texas which has a secret process. We still have two vials left. One used last year and they have two vials left. It is the department's position now that because the protocol requires thome have three in their hands because the current protocol that they won't let anybody see, by the way, requires them to have three in their hand that they can't go forward. It took one to execute and they can change the protocol and they don't have toeshoe it to us. They still have the drugs to do it. There is no burning need to do this today. They have enough drugs to conduct two more executions. Is if they are being honest, which I still question. Number one. Number two, is this drug also are these drugs impossible to get? If they are so hard to get and so difficult to find the drugs, why have seven executions taken place in the united states this year by lethal injection. If it is impossible to find the drugs how are the other states able to to it j we have been told there is a crisis and emergency. What ricky grey did was awful, horrible, horrific, barbaric. No question about that. But I question whether this is about ricky grey when there is not even an emergency clause on this bill, right? I mean in he is currently scheduled to be executed on March 16. If this is bill is about ricky grey where is the emergency clause? I would submit this is not what it is about. Mr. President, number two, this bill is horribly written and we talked about that a second ago focusing on the amendments. Says the department of corrections says they can't find the drugs for any reason and there is no restrict,s. Incredibly vague, horrible, open ended. I cannot believe we have language to vague when we talk about executing human life. That is a good reason? What is the department of corrections. Can anybody here tell me what is reason is. We are about to give the department of corrections the authority to go to the electric chair for any reason. Is this a good reason. I didn't feel like ordering the drugs. I didn't want to order the drugs. I forgot to order the drugs. I changed the secret protocol to now require five vials instead of three. We gave the department of directions to pick any reason they want to not get the drugs and now they can go to the electric chair. We are advocating our responsibility to enact laws and giving the department of corrections the authority to do whatever they want for whatever reason they want no matter who happens to be in the governor's mansion or whatever else. We are abdicating our responsibilities if we pass the law in its current form. This is probably a de facto electric chair bill. We did change it a little bit and now says the department has to ex-er size substantial efforts to go find those drugs. But that is going to add an issue that has to be litigated by the courts. Why does this jeopardize the death penalty? Let me tell you why. Every court that has looked at the electric chair in the last 20 years, I shouldn't say every, two out of three courts, the last time I spoke on this I got politic-facted and they found me mostly true. Two out of the three courts that looked at the electric chair in the last 20 years held that the electric chair violates the amendment of the constitution. Florida found it was okay because there was lethal injection. The supreme court of georgia. Georgia of all places, found the electric chair constituted cruel and unusual punishment. The supreme court of nebraska. The last state that had an electric chair only method found it constituted cruel and unusual punishment. Give you that backdrop. The supreme court of Virginia they last looked at this in 1921. Commonwealth vs. Hart. Now the last time the supreme court was asked to look at it requested to look at it. 2013. Lawler vs. Commonwealth. And dealt with it in a summary, short and quick fashion. The supreme court said when a prisoner is sentenced to death May choose, choose to have his sentence executed through a constitutionally per missable method we will not consider a constitutional challenge to an alternative choice. When the prisoner has a choice the supreme court of Virginia won't look at it. Take away the choice, you change everything. That is what we are doing with this bill. We say you don't get to pick le that will injection anymore and how to we will put you in the electric chair you completely changed the legal landscape of the commonwealth of Virginia and now the supreme court of Virginia is going to have to look at the electric chair and decide whether or not on contemporary stan dads it violates the eighth amendment of the united states constitution and the constitution of Virginia and every court that looked at it says it constitutes torture. Want to talk about a bill that has the fiscal impact. The attorney general will need 10 more lawyers to deal with this and the indigent defense lawyers need more money to litigate it because this is getting litigated if we pass this. Number four, transparency. The fourth reason we should vote this down. Transparency. I'm a big advocate for transparency. I think the government should do everything it can with maximum transparency. They should extinguish a human life with as much transparency as possible. This bill is a mystery to me. It was an administration bill. I heard the administrations out there having meetings about it and lobbying people about it, but it is not their bill. The gentle lady from Petersburg had a bill even a death penalty moratorium. When the bill moved through the process it was my understanding not a single administration omission appeared to talk about the hearing to answer a single we are talking about changing question about it. The death penalty and no legislator has been able to ask a question before it is enacted. When is the last time you heard somethinglike that? The gentle lady from Petersen put in a death penalty moratorium bill. Not a single person in the administration showed up to
[Unknown]
Mr. President, point of answer questions. Order.
[Unknown]
The president from James city county, Senator Norment .
[Unknown]
I think it would be appropriate if the loquacious Senator would focus his comments on 815 and not bills introduced years ago, the bills that the lady from Petersburg introduce.
[Unknown]
Thank you, Senator. Please proceed.
[Unknown]
The administration the department of corrections I should say is not answering questions about this legislation and I want to remind you what happened last time we debated the death penalty. They showed up and said we don't have the drugs and we need to have secrecy. A month later the Richmond times dispatch runs an article that says we do have the drugs and we need transtare rentcy in the process. The bill doesn't have it. A history which is why we need to have transtare rentcy. Without the transparency this doesn't work. I would note the commonwealth of Virginia gives more transparency to the purchase of furniture than we do have the government's transparency given to the taking of human life and to me that is wrong as a matter of policy. Fifth thing I will say, Mr. President, is that the electric chair is outdated and it is barbaric. It was first adopted in 1888 in the state of new York because hanging was scene as barbaric. Actually the initial death penalty litigation was under funded by thomas edison and george westinghouse because they were both trying to prove each other's form of electricity was most dangerous. Virginia first adopted it in 1908. It was adopted the same decades we discovered movies and the automobile and when coca-cola was invent. Something that was invented over 100 years ago. The electric chair has never been validated. You can't figure out what is the best way to kill a menu man being with electricity. It doesn't work that way because it is not legal. They use the different kinds of sponges and tried to figure out whether it is proper to plug in to the toe or calf or knee or your ears. It has been this trial and error process over the last 100 years with bodies catching on fire and people getting half electrocuted and then surviving or baking or whatever as part of the process. A process that has never been figured out completely. There are repeat the insurance insurance -- instances of mistakes which we are about to say is the preferred method to be used. What did the georgia supreme court say when they were asked to look at it in 2001. We hold that the ex-violates the prohibition against cruel and unusual punishment. Ask the gentleman from Norfolk. He has seen it. Now I understand the things that ricky grey did and other people that have gotten the death penalty have done. They are horrible and they are barbaric. They should -- they deserve punishment, no question. Maximum punishment that the state can inflict. The supreme court of nebraska heard facts like that when they said is we recognize the temptation to make the prisoner just as the prisoner made the victim suffer. Condemned prisoners must not be tortured to death regardless of their crimes. We shouldn't be doing this. 80% of the states, 80% of the states that had the electric chair at one point have now repealed it. 80%. Politic-fact checked me. Tennessee, alabama, south carolina, florida, and kentucky. If you were convicted before 1998. We are increasingly isolated, Mr. President. What I would say is that this body unlike the body on the other side of the aisle we are more grown up and more reasoned. You heard the gentleman from Lynchburg talk about it we are the more reasoned body and more deliberate and I think we make better decisions. If you push the green put ton you are sending us into a hail storm of legal chaos, uncertainty, litigation and send us on a collision with the supreme court of the united states. That is where it goes if you push the green button. When somebody is given the death penalty the state is charged with extinguishing a human life, not torturing someone brutally until they finally die. I would urge you to vote red on the bill. Thank you, Mr. President.
[Unknown]
The senior Senator from f., Senator Saslaw .
Dick Saslaw
I can promise you I won't be that long. Let me just say this. We have the u.S. Supreme court for a reason. And, quite frankly, if he feels this will put them to work, so be it, okay. We are talking about executing people who have for the most part in almost every case because you got to earn your way into that electric chair or on that gurney. They have done these acts and given up their right to live. Essentially you kill seven people you are not a human being, I 'm sorry. You kill seven people you have given up the title of human being and you deserve whatever you get. Let me repeat that. You deserve whatever you get. And you know, I sit here and I hear that oh, my lord, he might have to suffer. You know what? Look what this guy who was supposed to scheduled to be executed by the way, florida compounds their own drugs and that is something that ultimately we May look at it. But I don't feel one bit sorry for him and if we don't have the necessary drugs then we need this bill. And when you commit acts as I said when you commit acts like that, you give up your right to, you now, as far as I 'm concerned to say well, I want to die humanely. I just got two records for anybody who thinks we shouldn't have the capital punishment and we shouldn't be able to execute people. Timothy mcveigh.
[Unknown]
Thank you, Senator. Snort from Rockingham, Senator Obenshain .
Dick Saslaw
Mr. President, I will be brief. A couple of things. Number one, Senator from senior Senator from Fairfax raises a good point concerning compounding. You know why we don't have compounding as an alternative? It is for the very same reasons that were articulated in opposition this and it is the efforts of opponents of capital punishment to get the kind of transparency that will be used to punish the compounders, the manufacturers of the component parts, the kind of transparency that is sought to find out who members of the execution staff are to do everything possible to intimidate and prevent the carrying out of capital punishment. Maybe we can come back and address compounding next year, but that was defeated last year by some of the same opponents of this because of the unreasonable demands for excessive transparency that we all know is going to be used to try and undermine the carrying out of capital punishment. There was suggestion made that we are going to have increased litigation. I got news for you, there is no case, no category of cases more litigated than capital cases anyway. This is simply one more section in the very same briefs that are going to be filed by the very same lawyers on every single one of these cases. It is not going to change the legal landscape in that regard. Mr. President, I would also suggest that if as the Senator from southern Fairfax suggests, if his concerns about the earnest of the staff of the department of corrections and earnestness of the efforts by the administration to secure the execution drugs are, indeed, well founded then perhaps this ledge is going to be the best thing that we can do in order to ensure that capital punish inen is carried out in the most humane way possible if as the gentleman suggests efforts are somehow weak kneed and half hearted to secure these drugs if other states are able to get it and Virginia for some reason isn't even trying to get it let me tell you, this gives them some pretty doggone good incentive to go out and get those component parts for the drugs that are utilized to carry out the most humane means of addressing capital punishment. Mr. President, nobody wants there to be cases in which we are executing prisoners. I don't. I don't want this bill. I want us to be able to secure the drugs necessary to carry out executions by lethal injection to the extent we have to do it. But this unfortunately under the circumstances after having vote the against this legislation for a couple of years running I am persuaded that this is necessary. This is the appropriate response and it is my hope that this will lead to the resolution of the issues concerning the availability of the lethal injection drugs.
Bill Howell
Thank you, Senator. The question is shall House bill 815 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 their vote? Ange the clerk will close the roll.
[Unknown]
Ayes 22, nos 17.
[Unknown]
Ayes 22, nos 17. The bill passes.
[Unknown]
House bill 1090. A bill relating to the department of health expen tither of funds related to abortions and family planning services reported from the committee on education and
[Unknown]
Newman.New-mile-an-hour. Health.
[Unknown]
I move that the bill pass and speaking to the motion.
[Unknown]
The Senator has the floor.
[Unknown]
This bill prohibits the department of health from spending any funds on an abortion not squallified for match funds under the medicaid program. That is basically the hyde amendment is what that part covers. Mr. President, part two provides that any grant or any other funds to any entity other than hospitals is also prohibited if you perform abortion services.
[Unknown]
, it has prioritization of how we will move forward with grants. I would move that the bill pass.
[Unknown]
Thank you, Senator .
[Unknown]
The question is shall House bill 1090 -- excuse me, the Senator from Arlington. Senator Favola .
[Unknown]
Speaking to the motion.
[Unknown]
The Senator has the floor.
[Unknown]
I would ask the ladies and gentlemen of the Senate to vote against this bill. There are already state and federal laws on the books which prohibit the public funding of funding ofabortion. It would only be indicate the in rain, incest or the life of the mother. Laws passed especially in 2010 which would not allow abortion services in insurance plans that were participating in our exchanges. And we have a number of other provisions in statute that would actually prohibit this expenditure of state dollars for abortions. What this bill really does is it tries to punish planned parenthood. And let's be clear. The state of Virginia gets federal title x money but when we get the money the state has entered carefully crafted contracts with planned parenthood and other clinics for specific purposes that everybody in that body would agree with. Family planning services for low income women. We have entered contracts with clinics. Cervical cancer screens. Breast cancer screenings. High blood pressure test. Number of things that actually keep women healthy and men. There are six planned parenthood centers in Virginia. Blacksburg, Charlottesville, Hampton, Richmond, Roanoke and Virginia beach. And last year alone, these six centers served over 22,000 men and women and at the centers provided more than 1900 screenings for some of the situations that I just explained over 2,000 breast exams and more than 16,000 patients received birth control services. These are services that keep virginians healthy. Is soness option why we would want to stop fund going to planned parenthood is really perplexing to me. I also want to know that for junior or worse in rates of breast cancer death among african american and caucasian women, I think that is abominable and we need to change that. I would say that we make better policy, we serve our con at this constituents better and the commonwealth better when we operate on facts. When we get involved in policy aimed at making a statement and is driven by ideology we always, always do have a disservice to our con at this time wents. I ask the ladies and gentlemen of the Senate to please defeat this bill. Thank you.
[Unknown]
Thank you, Senator. The Senator from Hampton, Senator Locke .
[Unknown]
Thank you, Mr. President. I rise in opposition to this legislation.
[Unknown]
The Senator has the floor.
[Unknown]
Mr. President, the six planned parenthood health centers in Virginia provide high quality basic healthcare to more than 22,000 virginians. 90% of what they do is basic healthcare. Life saving cancer screenings, well women exams, birth control test and treatment. Last year, planned parenthood provided 16,441 birth control visits and 5,616 sti tests. Across the country, one in five women will rely on planned parenthood for healthcare in their lifetime. This legislation would jeopardize access to healthcare for the thousands of patients who rely on planned parenthood. 5% percent of Mr .'s health centers in ural or underserved areas. Patients would have no wore else to turn for reproductive the idea that other providers healthcare. Could absorb planned parenthood's patients has been dismissed by experts. The american health association called this idea ludicrous. This legislation targets one organization and that is planned parenthood. And these attacks are part of a clear political agenda hiding behind discredited videos to ban abortion and roll back access to reproductive healthcare. I ask that we vote no.
[Unknown]
The junior Senator from Henrico, Senator Dunnavant .
[Unknown]
Thank you, Mr. President. Speak to the bill.
[Unknown]
The Senator has the floor.
[Unknown]
I just want to clarify and make sure that the bill is undertoday properly. As a healthcare provider for women, I can tell you that this does not interfere at all with the primary care services that are being provided by planned parenthood for which they bill icd 9 and other codes that are within the allowable services that are provided by any healthcare provider in Virginia. This simply limits the ability of the state to give money to those -- to planned parenthood that is not immediately tied to those billing procedures in that primary care. So, this will not obstruct anybody getting care at planned parenthood. Thank you.
Bill Howell
The question is shall House bill 1090 pass. All in favor of the motion wills aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 21, nos 19.
[Unknown]
Ayes 21, nos 19. The bill passes. The Senator from ja county, Senator Norment. Mes city
Tommy Norment
Mr. President, I would respectful that I ask that the Senate stand in recess until 2:30 and I would yield to the Senator from Rockingham .
[Unknown]
The Senator from Rockingham, Senator Obenshain .
Mark Obenshain
Mr. President, there would be a meeting of the courts committee at my desk immediately.
[Unknown]
Thank you.
Mark Obenshain
And it May not take 12 minutes.
[Unknown]
The Senate will stand in recess until 2:30. 03:00:14.988 --> 03:00:24.863 >> The Senate will come to order. The Senator from Hanover, Senator mcdog.
[Unknown]
I mo be that all House bills on 18-21 House bill 238 through House bill 1362 that the rules be suspended and the second constitutional reading of the titles be dispensed with.
Bill Howell
The question is shall the rules be suspended in the second reading of titles of House bills on the uncontested calendar and regular calendar pages 18-21 House bill 238 through House bill 1362 be dispensed with. All in favor of the motion will. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. Reading is dispensed with. The Senator from Hanover .
[Unknown]
I move that the House bills on third reading on the uncontested calendar 18-21 House bill 238 through.
[Unknown]
Bill: 1059 be advanced to -- House bill -- I move that the bills go bye for the day.
[Unknown]
Thank you, Senator. The question is will the bills will go bye for the day all in favor say aye. Those opposed, no.
[Unknown]
The ayes have it. Those bills will go bye for the day.
[Unknown]
Regular calendar. House joint resolution on third reading. House joint resolution 424. Election of the supreme court of reported from the committee for Virginia justice. Courts of justice.
[Unknown]
Mr. President,.
[Unknown]
The Senator from Rockingham .
[Unknown]
Can that go bye for the day.
[Unknown]
H.J.R. 424 will go bye for the day.
[Unknown]
Regular calendar. Senate resolutions on third reading. Nominating a person to be electricked as justice for the supreme court of Virginia .
[Unknown]
Could 42 and 43 go bye for the bay s.R. 42 and r. 43 will go bye for day.
[Unknown]
Uncontested calendar, House joint resolutions on second reading.
[Unknown]
The Senator from Hanover, Senator McDougle .
Ryan McDougle
House joint resolution 177 expressing the sense of the general assembly in condemn the antiisrael boycott divestment and sanctions movement and its activities in Virginia as its agenda is inherently antiethical and deeply damaging to the cause of Peace, quality, democracy and hugh han rights for all peoples in the middle east. Reported from the rule committee on rules with a substitute. House joint resolution 232 commending capital square. Designating the fourth Wednesday in November in 2016 and each succeeding year as indigenous people's day in Virginia uncontested calendar. Senate joint resolution on first reading. Senate joint resolution 188 confirming appointments by the Senate committee on rules. Uncontested calendar. Senate resolution 64 confirming nominations by the Senate committee on rules.
[Unknown]
Supplemental calendar number one. Regular calendar, Senate resolutions on first reading. Senate resolution 74. Nominating a person to be elect as the.
Ryan McDougle
Justis of the supreme court of Virginia. Resolution 75. Nominating a person to be elected to the court of appeals of Virginia .
[Unknown]
Thank you, Senator .
[Unknown]
We have a Senate joint resolution, 201. The junior Senator from Loudoun, Senator Wexton .
[Unknown]
Thank you, Mr. President. I move that the rules be suspended and s.J.R. 201 be taken up for immediate
Bill Howell
Thank you, Senator. Consideration. The question is shall the rules be suspended and s.J.R. Number 2001 be taken up for immediate consideration. All in favor of the motion will. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The rules are suspended to take up the resolution for immediate consideration. The junior Senator from Loudoun .
[Unknown]
Thank you, Mr. President. I move that the respectfully las vegas be agreed to and speaking to that motion.
[Unknown]
The Senator has the floor.
[Unknown]
Thank you, Mr. President. This is a resolution that just has time constraints to it. A constituent of mine is receiving a big award from the national chapter of the daughters of the american revolution having an event in Richmond on Friday and in order to get to the House in time and have it prepared for her we need to get it out of the Senate today. Thank you.
[Unknown]
Thank you, Senator. The question is shall the resolution be agreed to. All in favor say aye. Those opposed, no. The ayes have it. The resolution is agreed to.
[Unknown]
The Senator from Hanover, Senator McDougle .
Ryan McDougle
Mr. President, inquire of the clerk does that complete the calendar?
[Unknown]
Yes, sir.
Ryan McDougle
Mr. President,.
[Unknown]
The Senator from Hanover .
[Unknown]
Inquiry of the clerk, are we at the point in the procedural resolution if you have a resolution we need to find out if that is going to be filed today because the motion will be to end session with the acceptance of resolutions up until 5:00. Is that correct? Mr. President, could you ask the members a show of hands if anybody has a commending or memorial resolution that is going to be filed today so the clerk's office could get that today. At 5:00 is your deadline.
[Unknown]
Thank you, Senator. There any other business to come before the Senate today?
[Unknown]
The clerk will please report any announcements on the desk.
[Unknown]
Today, Monday, March 7 the joint Senate committee for courts of justice and House committee for courts of justice judicial panel will meet immediately upon adjournment in House room c. The committee on finance one half hour after adjournment in Senate room b. Tomorrow, Tuesday, March 8 a reminder for members that tomorrow morning starting at 9:00, in Senate room a and going to 11:00 will be a work group with the architects for the new general assembly building for members to come and express your requirement -- space requirements any suggestions that you might have as we move forward with the planning. The abc ratio work study group with meet at 8:00 a.M. Senators Cosgrove, Dance, DeSteph, Favola, Reeves and Wagner. The democratic caucus will meet one half hour before session in Senate room 1. And the pages as you all know have been conducting their service project for the year with the help of Mrs. Lucille Wagner. And they have raised $15,600 and 730 pounds of food for feed more. [applause] thank you for your help and support. >> Thank you, madam clerk.
[Unknown]
The Senator from Lynchburg, Senator Newman .
Steve Newman
I move that the Senate do now adjourn until 11:00 a.M. Tomorrow.
[Unknown]
Do you have that --
Steve Newman
Substitute motion.
[Unknown]
Mr. President, I have a substitute motion. Cop and pass. [laughter]
[Unknown]
Mr. President, the substitute motion is that I move that the Senate do now adjourn until 1:0e rules and direct the clerk to accept moral and commending resolutions to be introduced until 5:00 p.M. Today.
Bill Howell
The question is shall the Senate adjourn until 11:00 tomorrow and that the Senate suspend the rules and direct the clerk to accept memorial and commending resolutions to be introduced until 5:00 p.M. Today. All in favor of the motion will. Are the senators ready to vote? Have all the senators voted? Do any senators desire to ch ange their vote? The clerk will close the roll.
[Unknown]
Ayes 39, nos 0.
[Unknown]
Ayes 39, nos 0. The Senate stands adjourned until 11:20:78. 11:00 tomorrow. [Senate adjourned] [Senate adjourned]