01/12/2017 Senate Proceedings

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Index

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Minutes

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

Prayer offered by The Reverend Jon Dupin, Brentwood Church, Forest,
Virginia

ROLL CALL OF MEMBERS: quorum present

Motion of Senator Spruill dispensed with reading of Journal
(36?Y 2?N)

BILLS REPORTED

From Education and Health: SB 880A, 922, 974, 981, 999, 1009S,
1031A, 1032, 1050 rereferred to Finance, 1062

Bills and resolutions presented, ordered printed and referred under
Senate Rules 11(b) and (26)g: see January 13 Senate Calendar

CALENDAR

MEMORIAL RESOLUTIONS

SJ 219 - Agreed to by Senate block vote

SJ 235 - Agreed to by Senate block vote

SJ 236 - Agreed to by Senate block vote

SJ 237 - Agreed to by Senate block vote

SJ 238 - Agreed to by Senate block vote

SR 98 - Agreed to by Senate block vote

SR 99 - Agreed to by Senate block vote

SR 100 - Agreed to by Senate block vote

COMMENDING RESOLUTIONS

HJ 684 - Agreed to by Senate block vote (voice vote)

SJ 218 - Agreed to by Senate block vote (voice vote)

SJ 244 - Agreed to by Senate block vote (voice vote)

SJ 245 - Agreed to by Senate block vote (voice vote)

SJ 252 - Agreed to by Senate block vote (voice vote)

SJ 256 - Agreed to by Senate block vote (voice vote)

SJ 258 - Agreed to by Senate block vote (voice vote)

SJ 259 - Agreed to by Senate block vote (voice vote)

SJ 261 - Agreed to by Senate block vote (voice vote)

SJ 262 - Agreed to by Senate block vote (voice vote)

SJ 264 - Agreed to by Senate block vote (voice vote)

SJ 265 - Agreed to by Senate block vote (voice vote)

SJ 267 - Agreed to by Senate block vote (voice vote)

SJ 271 - Agreed to by Senate block vote (voice vote)

SJ 273 - Agreed to by Senate block vote (voice vote)

SJ 275 - Agreed to by Senate block vote (voice vote)

SJ 276 - Agreed to by Senate block vote (voice vote)

SJ 277 - Agreed to by Senate block vote (voice vote)

SR 101 - Agreed to by Senate block vote (voice vote)

SJ 228 - Out of block, Agreed to by Senate (voice vote)

On motion of Senator Newman, the Senate adjourned at 12:35 p.m. to
convene Friday, January 13, 2017 at 10:30 a.m. 

 

 

Transcript

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

[Unknown]
The Senate will come to order. The senators will please take their seats. Those people not entitled to the privileges of floor will kindly retire to the gallery. The senators and all in and answer will please rise and be led in prayer by Reverend jon dupin with brentwood church. Reverend dupin, welcome.
[Unknown]
Let us pray, heavenly father, you are good and you are great. You are loved and justice, grace and truth, friend and father, and you placed your melody within us to guide our hearts and minds, our lives and laws toward your goodness and away from what is not of you. What I promise you voice to those who sing along with you, a land that humble and yet courageous, merciful and yet strong, so generous and so prosperous. You are good, and you are great, and you grant us the potential to be both. Let these men and women who are husbands and wives and mothers and fathers and sons and daughters experience your favor, your wisdom and unity as they serve our common he -- commonwealth. They face such adversity and criticism, pressures and responsibility, and so I ask that you strengthen their faith, that you strengthen their families and you make bright their futures, because you are good and you are great. I pray this with a whole heart and one of love and respect for these, our governing leaders. In jesus name, amen.
[Unknown]
Amen.
Bill Howell
The clerk will call the roll. All those present will place vote aye. The clerk will close the roll.
[Unknown]
Clerk: you have a quorum, Mr. President.
Bill Howell
Thank you, madam clerk. The snoarn from northern Chesapeake, Senator Spruill, reads that the reading of the journal be waived. All in favor of the motion report their votes. Have all the senators voted? Do any senators desire to do any senators desire to change their vote? Their votes? The clerk will close the roll.
[Unknown]
Clerk: ace 36, no, sir 2.
[Unknown]
Ayes 36, nos 2. The clerk will please report any communications from the House of delegates.
[Unknown]
Clerk: we do not have any, sir.
[Unknown]
The clerk will please report any communications from his complel -- the governor.
[Unknown]
We do not have any sir.
[Unknown]
The time has come to recognize visitors to the gallery and take a moment for the morning hour. The junior Senator from Virginia beach, Senator DeSteph .
Bill DeSteph
Mr. President, I rise for an
[Unknown]
Senator has the floor. Introduction.
Bill DeSteph
Today with us we have our seat mate's family. We have helen gray. We have Dunnavant and the man who started the entire stally clan, ed stally.
[Unknown]
Thank you. Would Mr. Ed stally and Mr. Helen and rilan please rise. Welcome. And starting to my left, Mr. Stally, thank you so much for all you've done for Virginia and I know your wonderful family, and I think the senators in here do as well. Ken, as you know, was with us for a number of years, and really want of the most effective people we ever had here in Richmond, and we know chris is down the Hall, and we're so glad to have your daughter with us today. And to your children, thank you all for being here as well and thanks for letting your mom share some time with us. I would ask the members of the Senate to please join me in offering Senator Dunnavant 's family the warm welcome of the Senate. (applause). The Senator from western Fairfax, Senator Marsden .
Dave Marsden
Thank you, Mr. President. I rise for purposes of an introduction.
[Unknown]
Senator has the floor.
Dave Marsden
It's my pleasure to welcome members of the Virginia association of museums and their past president al switzer visiting today. What a better place to come to a group of people searching for fossils than the general assembly. With them our special guest, president woodrow wilson, not making this up, the president that led our nation as we entered world war I a hundred years ago this year. Also joining us is Mrs. Loudoun of Richmond, here to support the women's suffrages movement and right to found. The Virginia association of museums was pounded in 1968 and has 1200 professionals throughout the commonwealth. Virginia has more than 1,000 museums, galleries, cultural sites that account for more than 12,000 jobs in our commonwealth. Museums contribute more than 21.5 I don't know dollars -- billion dollars on tourism. The 2017 annual Virginia association of museums conference will be held in Roanoke this year. Virginia has an incredibly rich history. Our museums and humanities programs are not only the stewards of that history but the cornerstone of a vibe rabbit tourist history. Mr. President, I ask that you give these fine folks from the association of museums the warm welcome of the Senate .
[Unknown]
Thank you, Senator, and I 'm glad the members of the Virginia association of museums are standing and that you're here with us this afternoon. Thanks for all that you do to promote education, to promote history across the commonwealth of Virginia, and I know I 'm preaching to the choir, but you know, museums are such an important part of our education system in Virginia, and we thank you for keeping that history alive. So I would ask the members of the Senate to please join me in offering members from the Virginia association of museums a warm welcome of the Senate. (applause).
[Unknown]
The Senator from Spotsylvania, Senator, Reeves .
[Unknown]
Thank you. I rise for an introduction.
[Unknown]
You have the floor.
[Unknown]
I had an opportunity to sit down with members of the board of veterans service and the joint leadership council. For those of you who might not be familiar with that, it's made up of I think 29 veterans organizations around the commonwealth that help provide services for our 850,000 vet -- veterans. They are storming the hill today to advocate for those who have worn the cloth for our country today. As you members go back to our offices, if you'll please make way for these folks and give them a little bit of your time, because they've given so much back to us. Mr. President, I would ask that you would welcome the jlc, joint leadership council and board of veterans services.
[Unknown]
Thank you, Senator. Would members of the board of veterans services and joint leadership council please rise? What a great group, and thank you all for being here with us this afternoon. Thanks for visiting the capital, and most importantly, thanks for your service to this great country we live in. I'm going to just talk very briefly. We want to make sure that Virginia is the most veteran-friendly state in this country, and two years ago, we had over 1200 homeless veterans. That was unacceptable, and the great leaders here in Richmond, your senators and members of the House of delegates all work together in what we call the mayor's challenge, and Virginia should be proud. Virginia is the first state in this country to effectively end homelessness for our veterans, and that's something that we all in Virginia can be proud of. So thank you all so much for your efforts in that and a lot of other things that we need to do to take care of our veterans. We still have work to do. Thank you all. I ask the members of the Senate to please join me in offering them the warm welcome of the Senate. (applause).
[Unknown]
The Senator from Lynchburg, Senator Newman .
Steve Newman
Mr. President, I 'd like to introduce to the Senate today our pastor who gave the prayer this morning, who is Reverend jon dupin, who is with brentwood church in forest, Virginia. Mr. President, he has a very young staff, and it's not always a traditional church, but it's a very real church, and we're delighted to have him here today.
[Unknown]
Thank you so much, Senator. Would Reverend dupin please rise. Thank you. As we said down here, thank you for such a beautiful prayer this morning, and thanks for getting us off to a great start for the day. I'd ask the members of the Senate to please join me in offering the Reverend jon dupin the warm welcome of the Senate. (applause).
Steve Newman
I'd like to take the opportunity, would baxter carter and richard mar please rise? Professor mar, I appreciate you coming by here today to check on one of your students from randolph-macon. I can attest that he has been in the office working every day and just what a wonderful young man, and we really appreciate having his services to kind of keep our train running on time, and hopefully along the way, he's learned a few things as well. I appreciate you allowing us the opportunity to have him. I would ask the members of the Senate to please join me in offering baxter carter and his professor, richard mar, the warm welcome of the Senate. (applause).
[Unknown]
The time has come for resolutions, petitions and bills. Any other business for the morning hour? The clerk will please call the calendar.
[Unknown]
Clerk: Senate calendar for Thursday, January 12th, 2012, memorial resolutions.
[Unknown]
Senator from James city county.
[Unknown]
Senator norman.
[Unknown]
Thank you, Mr. President, I respectfully move that all the memorial resolutions contained on pages 1 and 2 of the calendar, which would include Senate joint resolution 219 through Senate resolution 100 be agreed to in the block waiving the reading of the resolutions and passing it in the usual matter, with the understanding any Senator who desires to remove a memorial resolution from the block would do so after the clerk has read the title of the resolution.
[Unknown]
Thank you, Senator. The question, shall the memorial resolutions on Page 1 through 2, sjl 219 through sr 100 be considered in the block in the usual manner, waiving the read of the resolutions thereof with the understanding that any Senator desiring removal will do so after the title of the resolution. All in favor of the motion will say aye. Those opposed, no. The motion is agreed to. The resolutions are before us in the block. The clerk will please read the titles of the memorial resolutions.
[Unknown]
Senate joint resolution 219, celebrating the life the charles b. Whitehurst, senior. Senate joint resolution 235, celebrating the life of lelia baum hopper. Senate joint resolution 236, celebrating the life of drien david mccarty. Senate joint resolution 237, celebrating the life of richard earnest hendrix. Senate joint resolution 238, celebrating the life of janet lile fray. Senate resolution 98, celebrating the life of alvin w. Blaha. Senate resolution 99, celebrating the life of thomas wane evans. Senate resolution 100, celebrating the life of jack w. Gravely.
[Unknown]
Thank you, madam clerk. The resolutions will be agreed to in the usual mannerment all those in favor of agreeing to the memorial resolutions will please rise. The resolutions are agreed to.
[Unknown]
Clerk: commending resolutions.
[Unknown]
Senator from James city county, Senator Norment .
Tommy Norment
Pages 2 through 4 of the calendar, including House joint resolution 684 through Senate resolution 101 be agreed to in a voice vote by waiving the reading of the resolutions with the understanding that any Senator May remove the commending resolution from the block after the clerk has read the number of that resolution.
[Unknown]
Thank you, Senator. The question is, shall the commending resolutions on pages 2 through 4, jjr 684 through sr 101, be considered in the block by voice vote waiving the reading of the resolution with the understanding that any Senator desiring to remove would do so after the clerk has read the number of the resolution. All in favor of the motion will say aye. Those opposed, no. The ayes have the notion. The motion is agreed to. The clerk will please read the numbers of the resolution.
Tommy Norment
Clerk: House joint resolution 684, Senate joint resolutions 218, 228.
[Unknown]
Mr. President.
[Unknown]
For what purpose does the Senator rise?
[Unknown]
I'd ask that sjr 228 be taken out of the block and taken up separately so we can talk about it.
Bill Howell
Thank you, Senator. Without objection, syr 228 will come out of the block.
[Unknown]
244, 245, 252, 256, 258, 259, 261, 262, 264, 265, 267, 271, 273, 275, 276, 277, Senate resolution 101.
[Unknown]
Thank you, madam clerk. The question is, shall the resolutions be agreed to with the exception of sjr 228 on Page all in favor of agreeance of the 2? Resolution will say aye. Those opposed, no. The ayes have it. The resolutions are agreed to. Returning to Page 2, sjr 228, the Senator from southern Chesapeake, Senator Cosgrove .
John Cosgrove
Thank you, Mr. President, as a senior Senator from Chesapeake I would ask that the senior Senator from Fairfax describe this young man and why we have this here.
[Unknown]
Mr. President, members of the Senate, some of you May recognize the name. Some of you May not. Townly haas was on our u.S. Olympic swim team, and in that 400-meter freestyle, he was the one that opened -- he swam, I think it was, the third leg, and he handed the baton -- he was the one that built the big league for michael phelps and, in fact, had the fastest time of the four members of the relay team. He's only 19 years old. He'll be back, I 'm sure, for at least a couple more olympics. You May recognize his last name. His mother walks the halls on behalf of gun violence. Townly's older sister, I think, was shot several times at Virginia tech on that day in 2007, so it's quite a family, and we ought to really be proud of townly haas, what he did. I think it's a name you're going to be hearing a lot lot of, because he is one fantastic swimmer.
John Cosgrove
Thank you. The question is shall sjr 228 be agreed to. All in favor of the motion say aye. Those opposed, no. The ayes have it. The resolution is agreed to. The Senator from James city county, Senator Norment .
Tommy Norment
Mr. President, inquire of the clerk. Does that complete today's calendar?
[Unknown]
Yes, sir.
Tommy Norment
Returning to the morning hour, the Senator from han noafer, -- han noafer, Senator McDougle .
Ryan McDougle
Mr. President, arise from purposes of announcement.
[Unknown]
Senator has the floor.
Ryan McDougle
Just to keep the body up to speed with where we're going, we had the privilege to seat two senators yesterday that were elected in November at the special election that was held on regular election day. We have two senators yet to seat, and we are planning to do that tomorrow when we go into session. State board of elections is not yet certified those elections, so we will be moving to seat the individuals, even though that has not occurred, but the number of ballots that they are trying to determine whether the individuals can vote in the elections are 9. Count that on two hands, 9. And so we are going to go ahead and move forward with seating both of those individuals tomorrow so that the Senate can be at a full compliment. But I just wanted to give the body an update. We've asked the state board to try to complete their work before tomorrow. I'm not necessarily optimistic that that will occur, but we're going to move forward.
[Unknown]
Thank you, Senator. The Senator from Stafford, Senator Stuart .
Richard Stuart
Thank you, Mr. President. I rise for purposes of an announcement.
[Unknown]
Senator has the floor.
Richard Stuart
Mr. President, first of all, just before madam clerk announces it, we are having agriculture today, but we'll hold off until 2 o'clock, because I know there's a luncheon that a lot of folks would like to participate in. Also, Mr. President, tonight we've got 46th annual legislative appreciation banquet by the Virginia agri-business council. Mr. President, the mission of the agri-business council is to represent Virginia 's agri-business with a united voice. It's over 40,000 virginians, farmers and other producers that make up this organization, and I 'm proud to tell you all that agriculture is still the biggest industry, single industry, in Virginia. It's very important, a wonderful dinner. It's going to be held at the old dominion building at the Richmond raceway complex. They have a reception starting at 5:30 to 7 and then dinner and program. It's a great evening, and we really hope everybody can come attend that.
[Unknown]
Thank you, Senator. The Senator from eastern Fairfax County, Senator Surovell .
Scott Surovell
Senator has the floor.
[Unknown]
Joining us in the gallery today we have take action Virginia. It's a coalition of different organizations. They're working for licenses for all virginians. Minimum wage and a few other issues. If you could give them a warm welcome in the Senate .
Scott Surovell
I will. Thank you, Senator. Would members from take action Virginia please rise. What a great group you have with us this afternoon, and appreciate you all being on the grounds of the capitol today to advocate for your values and beliefs and at the Bell tower I enjoyed seeing all of you down there. Thanks for coming up and visiting us in the gallery. I would ask a member of the Senate to please join me in offering take action Virginia the warm welcome of the Senate. (applause).
[Unknown]
Senator from eastern Fairfax County, Senator Surovell .
Scott Surovell
Thank you, president. Ladies and gentlemen of the Senate, also joining us in the gallery, ufcw local 400, united food and commercial workers. I wanted to say something very quick about them. I joined them about 8 months ago, I think, in a rally in maryland when their german holding company announced they were going to sell off several stores in Virginia to a different holding chain, and uscw stood up and fought, and thanks to their efforts, they were able to save two stores in Virginia, one of which in my districts, the other one I think in Fredericksburg. They're a great group, fighting for working virginians. I would ask also you to give them a warm welcome from the Senate .
[Unknown]
Would members from the local please rise? Thank you all for being here, and thanks for all you do for labor across the commonwealth of Virginia. I would ask the members of the Senate to please join me in offering members from ufcw, local 400, the warm welcome of the Senate. (applause). The Senator from Rockingham, Senator Obenshain .
Mark Obenshain
I rise for a quick announcement.
[Unknown]
Senator has the floor.
Mark Obenshain
The court of justice committee will meet briefly at my desk for certifying judicial candidates. As you May remember, we interviewed in December for reelections of sitting judges and there were a couple of judges who were interviewed yesterday for already authorized and funded seats in two circuits, I believe. Those are going to be certified presumably today. Later in session, we'll address the judges who are going to be filling seats that have been vacated upon retirement, but that's what we'll meet for briefly today.
[Unknown]
Thank you, Senator. The Senator from southern Chesapeake, Senator Cosgrove .
John Cosgrove
There is a luncheon at hilton at fifth and broad and not the marriott. It's always been at the marriott, but for this time it's the hilton. For all of us, that's where you go.
[Unknown]
Thank you, Senator. Is st. Louis any other business to come -- is st. Louis any is there any other business to come before the Senate ? Seeing none, the clerk will report announcements from the desk. The Senator from Hampton, Senator Locke. Sorry. I didn't see your light. I'm sorry.
Mamie Locke
Mr. President, I rise for a point of personal privilege.
[Unknown]
Senator has the floor.
Mamie Locke
Mr. President, this is simply for a point of clarification regarding the certification of our senators elect and that is to basically indicate that the board of election is not doing anything insidious, and the reason for the delay in the certification of those two individuals has to do with a 2013 law that was passed by this general assembly, and that was the photo id law that was implemented on July 1st, 2014, which calls for individuals who voted in the special election last Tuesday and did so by provisional ballot have three days in which to present id for those ballots to be put into effect, and they have those three days as a result of photo id. And there's a perfect storm here. Tomorrow is a state holiday. Monday is a federal holiday. You know, so as a result of those three days, these two holidays, that is what is holding up the certification process. So certainly there's nothing from seating those to senators elect but the certification process has to go by what the law is, so that is the process. Thank you, Mr. President.
[Unknown]
Thank you, Senator .
[Unknown]
The Senator from Rockingham, Senator Obenshain .
Mark Obenshain
Mr. President, I rise for a point of personal privilege.
[Unknown]
Senator has the floor.
Mark Obenshain
Mr. President, ladies and gentlemen of the Senate, you know, I recognize that today is Thursday, tomorrow is Friday. So far as I I know, we're all going to be here tomorrow, notwithstanding what the calendar says with respect to the little notation at the top of the day. I also know that Monday is a work day in this chamber. I think that everybody in this chamber who is employed either by the Senate of Virginia or by the clerk's office or by the capital police is going to be here on Monday. I believe that the state police are going to be working on Monday in every corner of the commonwealth of Virginia. I believe that there are going to be law enforcement agents and agencies that are going to be operating all over the commonwealth of Virginia. Our election system is sometimes rather cumbersome to operate. You know what, they start at I think 5 o'clock a.M. When people show up in order to set up the machines before the regular work day, I mean, which normally begins at about 9 o'clock in the morning or 8 o'clock for those of us who May have a little bit initiative to get there a little bit early, and it actually goes until often midnight on the night of that night. That's significant overtime that these election officials put in. And we wind up having to work within those parameters. I would respectfully submit that it is within the am bit of the authority of the governor's office and administration to ask the state board of elections and the staff of the department of elections to kindly interrupt their celebration of state and federal holidays for the purpose of allowing us to get on with the people's business and I respectfully submit that there are 400,000 people across the commonwealth of Virginia located right here in the city of Richmond, the capital of Virginia, Lynchburg, all the way to Goochland County, who deserve to have members here representing them, and it would be my hope that the governor would listen to this and maybe pick up the phone and ask the state board of elections to kindly get together tomorrow to certify this election and allow those 400,000 people to be represented, holidays notwithstanding. Thank you, Mr. President.
[Unknown]
Thank you, Senator. The Senator from han -- Hanover. The clerk will please report any announcements on the desk. I'm sorry. The senior Senator from Fairfax County .
[Unknown]
Point of personal privilege.
[Unknown]
Senator has the floor.
[Unknown]
Mr. President, members of the Senate, I would just simply say this, that the Senator from harrison burge might have taken that into consideration when he helped write and pass that photo id bill about three years ago. Nobody asked him to vote for that bill, but he did, and he set up the mechanism by which these people are operating by. I'll just tell you this, the House pretty much ignores that. They seated them anyways, and I might say they seated them without a lot of hullabaloo, didn't get up, make any speeches, blast the governor and electoral board and everything else. But you know, I told somebody, I knew when we were voting on that bill, sooner or later, it was going to come back and bite us in the fannie, and darned if it didn't.
[Unknown]
Thank you, Senator. The clerk will report any announcements on the desk.
[Unknown]
Clerk: today, Thursday January 12th, committee for courts of justice will meet immediately upon adjournment at the chair's desk to certify judges. The committee on agriculture, Chesapeake and natural agricult, conservation and natural resources meets at 2 p.M. National room d. Finance committee on education 10:30 p.M. Tenth flu conference room. The Virginia legislative Black caucus will not meet today. Tomorrow, Friday, January 13th, the finance subcommittee on general government technology will meet at 8 a.M. 10th floor conference room. Senators Vogel, Hanger, Lucas, McDougle and Obenshain. The committee on rehabilitation and social services will meet at 8:30 a.M. In Senate room b. The joint working group on certificate of public need reform will meet at 9 a.M. In House room 1. Senators Newman, Dunnavant, Barker and Lucas Suetterlein. The republican conference will meet one half hour before session in Senate room 2. And democratic one half hour before session in Senate room 1.
[Unknown]
Thank you, madam clerk. The Senator from Lynchburg. Senator Newman .
Steve Newman
Mr. President, I move that the Senate do now adjourn until 10:30 tomorrow.
[Unknown]
Thank you, Senator. The question is, shall the Senate stand adjourned until 10:30 a.M. Tomorrow. All in favor of the motion say aye. Those opposed, no. The ayes have it. The Senate stands adjourned until 10:30 a.M. Tomorrow. Until 10:30 a.M. Tomorrow.