01/17/2017 Senate Proceedings

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Index

SB981—00:03:46
SB931—00:00:40
SB981—00:06:53
SB852—00:00:20
SB940—00:00:32
SB898—00:27:31
SB899—00:00:29
SB906—00:00:22
SB948—00:00:36
SB1097—00:00:29
SB1196—00:00:49
Sen. Tommy Norment (R-Williamsburg)—00:00
Sen. Bill Carrico (R-Grayson)—00:02
Sen. Adam Ebbin (D-Alexandria)—01:00
Sen. Jill Holtzman Vogel (R-Winchester)—00:00
Sen. Frank Ruff (R-Clarksville)—00:05
Sen. Tommy Norment (R-Williamsburg)—00:00
Sen. David Suetterlein (R-Salem)—00:00
Sen. Bill Stanley (R-Moneta)—09:31
Sen. Chap Petersen (D-Fairfax)—00:00
Sen. Bill Stanley (R-Moneta)—00:36
Sen. Ryan McDougle (R-Mechanicsville)—00:03
Sen. Bill Stanley (R-Moneta)—00:03
Sen. Mark Obenshain (R-Harrisonburg)—00:05
Sen. Tommy Norment (R-Williamsburg)—00:00
Sen. John Cosgrove (R-Chesapeake)—00:00
Sen. Adam Ebbin (D-Alexandria)—00:00
Sen. Scott Surovell (D-Mount Vernon)—00:55
Sen. Tommy Norment (R-Williamsburg)—00:00
Sen. Dave Marsden (D-Burke)—00:00
Sen. Frank Ruff (R-Clarksville)—00:00
Sen. Steve Newman (R-Forest)—00:00
Sen. Tommy Norment (R-Williamsburg)—00:56
Sen. Emmett Hanger (R-Mount Solon)—00:00
Sen. Ryan McDougle (R-Mechanicsville)—00:00
Sen. Steve Newman (R-Forest)—00:03
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Minutes

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

Prayer offered by The Reverend Ray Dawson, Cliffview Church of God,
Galax, Virginia

ROLL CALL OF MEMBERS: quorum present

Motion of Senator Carrico dispensed with reading of Journal
(37?Y 3?N)

COMMUNICATION FROM HOUSE (HN10116): reading waived (38?Y 2?N)

The House of Delegates has agreed to the following House joint
resolution: HJ 723

House joint resolution laid on Clerks Desk: see January 18 Senate
Calendar

BILLS REPORTED

From Commerce and Labor: SB 988, 994, 1003, 1126, 1433 rereferred
to General Laws and Technology

From General Laws and Technology: SB 803 rereferred to Finance, 834
rereferred to Finance, 873S, 891, 896, 905, 989A, 1037, 1042, 1113, 1118
rereferred to Finance, 1237

BILL REREFERRED

From Commerce and Labor: SB 1328 rereferred to Finance

MESSAGE FROM HOUSE: Special and Continuing Joint Order suspended
until Wednesday, January 18, 2017

Pursuant to Rule 6 of HJR 555, Special and Continuing Joint
Order suspended until Wednesday, January 18, 2017, agreed to by Senate (40-Y
0-N)

Bills
presented, ordered printed and referred/joint resolutions laid on Clerks Desk
under Senate Rules 11(b), (26)g and HJR 555: see January 18 Senate Calendar

CALENDAR

UNCONTESTED CALENDAR

SENATE BILLS ON THIRD READING

SB 880 - Read third time and passed Senate block vote (40-Y 0-N)

SB 922 - Read third time and passed Senate block vote (40-Y 0-N)

SB 974 - Read third time and passed Senate block vote (40-Y 0-N)

SB 999 - Read third time and passed Senate block vote (40-Y 0-N)

SB 1009 - Read third time and passed Senate block vote (40-Y 0-N)

SB 1031 - Read third time and passed Senate block vote (40-Y 0-N)

SB 1032 - Read third time and passed Senate block vote (40-Y 0-N)

SB 1062 - Read third time and passed Senate block vote (40-Y 0-N)

REGULAR CALENDAR

SENATE BILL ON THIRD READING

SB 981 - Passed by for day

UNCONTESTED CALENDAR

SENATE BILLS ON SECOND READING

SB 852 - Read second time, Committee substitute agreed to (voice
vote), Engrossed by Senate block vote (voice vote)

SB 856 - Read second time, Engrossed by Senate block vote (voice
vote)

SB 909 - Read second time, Engrossed by Senate block vote (voice
vote)

SB 910 - Read second time, Engrossed by Senate block vote (voice
vote)

SB 911 - Read second time, Engrossed by Senate block vote (voice
vote)

SB 941 - Read second time, Engrossed by Senate block vote (voice
vote)

SB 968 - Read second time, Engrossed by Senate block vote (voice
vote)

SB 1122 - Read second time, Engrossed by Senate block vote (voice
vote)

SB 1164 - Read second time, Engrossed by Senate block vote (voice
vote)

SB 940 - Out of block, Motion to recommit to Rehabilitation and
Social Services agreed to (voice vote)

REGULAR CALENDAR

SENATE BILLS ON SECOND READING

SB 898 - Read second time, Committee substitute agreed to (voice
vote), Committee substitute reconsidered (39-Y 0-N 1-A), Passed by for day

SB 899 - Read second time, Engrossed by Senate (voice vote)

SB 906 - Read second time, Engrossed by Senate (voice vote)

SB 948 - Read second time, Committee substitute agreed to (voice
vote), Engrossed by Senate (voice vote)

SB 1097 - Stricken from Senate Calendar (37-Y 0-N 1-A)

SB 1196 - Read second time, Committee amendment agreed to (voice
vote), Engrossed by Senate (voice vote)

UNCONTESTED CALENDAR

SENATE BILLS ON FIRST READING

SB 796 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

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

SB 867 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

SB 874 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

SB 903 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

SB 913 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

SB 935 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

SB 1068 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

REGULAR CALENDAR

SENATE BILLS ON FIRST READING

SB 870 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

SB 879 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

SB 1055 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

On motion of Senator Newman, the Senate adjourned at 1:36 p.m. to
convene Wednesday, January 18, 2017 at 12 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]
[ gavel banging ] >>> The Senate will come to order. The senators will please take their seats. Those persons not entitled to the privileges of the floor will kindly retire to the gallery. The senators and all in attendance will stand and be led in prayer by the Reverend ray dawson, cliffview church of God, Galax. Reverend dawson, welcome.
[Unknown]
Thank you, Senator Carrico and all the members of this chamber for the opportunity to share an invocation with you. Let us pray. Heavenly father, lord of all creation, I come before you on behalf of this 2017 general assembly session representing the commonwealth of Virginia. I pray your wisdom would prevail in every deliberation, your heart would prevail in every passion displayed, and your will prevail in every determination of this body. Grant unto every member the courage to speak with conviction, to stand with compassion, and to sit with listening ear and heart. May good things be determined for the commonwealth from this floor and every aspect of the governance of its constituency. May the decisions of this institution be tem ferd with genuine -- tempered with genuine concern, bipartisan effort, and pure human empathy. Let every consideration be the result of strong desire to do the will of God, to ensure the work of noble causes, and to fulfill the wishes of faithful citizens. We pray humbly that the efforts and enactments of Virginia 's governing bodies be an ir -- inspiration of this nation and the world. When eyes are cast upon us, let them see diversity balanced with a desire for unity, let them hear many voices but a harmony of hope and let them behold a celebration of cultures in congrewens si, living together purposely and peacefully. I pray that you, lord God, will bless the united states of america, the commonwealth of Virginia, and every nation that does not forget you. In the name of my lord and savior jesus christ, I pray amen.
[Unknown]
All: amen.
Bill Howell
The clerk will call the roll. All those present will please vote aye. The clerk will close the roll.
[Unknown]
Clerk: you have a quorum, Mr. President. Senate journal for Monday, January 16, 2017.
Bill Howell
The Senator from Grayson County, Senator Carrico moves that the raing of the journal be all in favor of waiving the waived. Record their votes aye, those reading of the journal will opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
Bill Carrico
Ayes 37, nos 3.
[Unknown]
Ayes 37, nos 3. The reading of the journal is waived. The clerk will report any communications from the House of delegates. The Senator from James city county, Senator Norment .
Tommy Norment
Mr. President, I respectfully move that we waive the reading of any communications from the House of delegates, sir.
Bill Howell
Thank you, Senator. The question is shall the reading of the communications be waived. All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
Tommy Norment
Ayes 38, nos 2.
[Unknown]
Ayes 38, nos 2. The reading of the communication is waived. The clerk will report any communications from the governor.
[Unknown]
We do not have any, sir.
[Unknown]
Thank you, madam clerk. The time has arrived to recognize visitors to the gallery and take up other matters for the morning hour. The Senator from Grayson, Senator Carrico .
Bill Carrico
Thank you, Mr. President. Rise for an introduction.
[Unknown]
Senator has the floor.
Bill Carrico
Mr. President, today's invocation and prayer was given by pastor ray dawson, who is the pastor at cliffview church of God, the church which I attend, and pastor dawson has been our pastor for the past six months and, you know, I 've got to know pastor dawson very well over those six months and a favorite artist of mine once wrote -- his name was charlie daniels. He once wrote that the devil went down to georgia looking for a soul to steal. I always thought that the devil only existed in georgia, but I found out he exists in Virginia, too, so the story goes on to tell about this young man named johnny that made a deal with the devil and he won a golden fiddle, and over the past couple of years -- or couple of months, getting to know pastor dawson, I 'm thankful as a member at cliffview and as you can tell through his prayer, that at the age of 8, he was in georgia looking for a soul to steal, but pastor dawson committed his self to christ and has took the stand for 55 years to preach the gospel and to bring it forward to people in georgia and now in the great commonwealth of Virginia. And it's an honor for me to have him here today, even though he's my seat mate's constituent, he's got a lot of work to do over here to my right, but I believe he can do it. But he is accompanied by his guest today, and first is his lovely bride, pam dawson. She's been a minister's wife for 43 years, the church musician employed by weight watchers organization as a leader, and though my seat mate has been watching my weight grow for the last six years, and the proud mother and daughter to a son and daughter -- proud mother of a son and daughter, two grandchildren and one on the way. Also is charlene phipps -- fps, I 'm sorry, employed -- Phillips, I 'm sorry, was employed by florida state university, and for 39 years as an administrative specialist in the human resource office, all the way from florida, she comes to visit us today to see her nephew bring forth this prayer, and tommy hair, who was employed in law enforcement for 35 years, uniform police officer for ten years, deputy sheriff and investigator for 25 years, and retired from gardens county, florida, as a major in 2007. His wife peggy hair, who was employed by the florida public safety institute, police academy, in 1985, retired in December of 2015 was the office manager. Then there is Reverend keith gunter who is pastor ray's brother-in-law. He's the senior pastor of connection point church in atlanta, metro georgia. He served as the administrative bishop here in Virginia for the church of God of Virginia from '94 to '98 and he considered his appointment to the commonwealth the greatest highlight of his career. His wife brenda gunter, who is a minister's wife of 47 years, presently employed by connection point church in atlanta, metro georgia, and is the sister of pastor ray dawson. It's an honor to have these people who have come as far as southwest Virginia to get here, but they have made the trip to be here with their, their brother, their husband, and their family to see a part of this historical day. Thank you.
[Unknown]
Thank you, Senator. Would Reverend dawson and your pam and your guests please rise. Thank you all so much for visiting us. I know a lot of you have come to Virginia and welcome to the best state in the best country in the world, so we're glad you're here and thank you, Reverend, for a great message, getting us off to a great start and we wish you safe travels back to Galax. I ask the members of the Senate to please join me in offering the Reverend the warm welcome of the Senate. [ applause ] the Senator from Alexandria, Senator Ebbin .
Adam Ebbin
Thank you, Mr. President. I rise for two introductions.
[Unknown]
Senator has the floor.
Adam Ebbin
First, I would ask to recognize doug bunch, originally of Waynesboro, who's among the newest on the board of visitors of william & mary, and he's also the youngest member of the william & mary board of I 'd ask that you -- visitors.
[Unknown]
I'm sorry, I missed the name.
[Unknown]
Doug bunch.
[Unknown]
Is doug in the audience? Would you please rise. Left right. I had my directions -- doug, thank you so much. I appreciate you being here and I 've enjoyed getting to know you and thanks for what you're doing for william & mary, home of the tribe. My son, our son graduated in '10 and what a wonderful university you have. So thanks for what you do and appreciate you being here today. I would ask the members of the Senate to please join me in offering doug the warm welcome of the Senate. [ applause ] the Senator from Alexandria .
[Unknown]
Thank you, sir. The second introduction is of one of the organizations lobbying today for the children's advocacy centers of Virginia and on behalf of certain Barker, Senator Saslaw and myself, I 'd like to ask you extend a welcome to susan britain, the director of the center for Alexandria 's children. They will be celebrating their tenth anniversary this year and they have done work for thousands of children in Alexandria and I believe Senator Favola has been very active on their advisory board as well.
[Unknown]
Thank you, Senator. Would susan and any other members from the center for Alexandria 's children please rise. Welcome, thank you for being here and thanks for all the great work you're doing for our children. I'd ask the members of the Senate to please join me in offering susan the warm welcome [ applause ] of the Senate. Sergeant-at-arms.
[Unknown]
A representative from the House .
[Unknown]
Please receive him.
Bill Howell
The gentleman from Colonial Heights, Mr. Cox.
[Unknown]
Welcome, Delegate Cox. [ inaudible comments ]
[Unknown]
Thank you, Delegate. The desk will receive it. The Senator from Henrico, Senator Dunnavant .
[Unknown]
Thank you, Mr. President. I rise for the purposes of an introduction.
[Unknown]
Senator has the floor.
[Unknown]
I hope that you will welcome today somebody that we discovered a few weeks ago and spent the last week in my office working. Kyle dobry is a senior at longwood university majoring in political science with minors in history and homeland security. Although kyle's internship was required by his major, we quickly realized as we all know how poor there are, that he would truly be an asset to our team. A native of berryville, Virginia, he hopes to continue his work in the political realm by working in government relations or for a lucky one of you member of the general assembly. It's my pleasure today to introduce him and give him a warm Senate welcome as he bids farewell to Head back to farmville and complete his senior year.
[Unknown]
Thank you, Senator. Will kyle dobry please rise. Welcome, what a great university you attend. You all had a lot of attention in 2016 with the vice presidential debate, so we always enjoy coming up and visiting you and thanks for being here to help the good Senator from Henrico. I'd ask the members of the Senate to please join me in offering kyle dobry the warm welcome of the Senate. [ applause ] the Senator from Fauquier, Senator Vogel .
[Unknown]
Thank you, Mr. President. I rise for purposes of an introduction.
[Unknown]
Senator has the floor.
[Unknown]
Some of these introductions this morning have been a tough act to follow, I should say. I'm honored to direct your attention in the gallery to connor marley, an intern in our he is incredibly smart, office. Incredibly talented and a really hard worker and it's been an honor to have him. He's a student at northern Virginia community college and I ask that you please extend to him the very warm welcome of the Senate .
[Unknown]
I will, thank you Senator. Is connor marley with us this morning. Please rise. Thanks for being here and thanks for helping the good Senator from Fauquier. I know you've had a great experience and learned a lot and we wish you the best in your educational opportunities. So thanks for being here and safe travels. I'd ask the members of the Senate to please join me in offering Mr. Connor marley the warm welcome of the Senate. [ applause ] the Senator from Hampton, Senator Locke .
[Unknown]
Thank you, Mr. President. I rise for an introduction.
[Unknown]
Senator has the floor.
[Unknown]
Mr. President, today in the Senate chamber, we're pleased to have leadership and members from all across Virginia from the Virginia state conference of the naacp. Led by linda thomas as president of the Virginia state conference, naacp. There's 95 branches, over 15,000 statewide members and many, many member church congregations are committed to equality and justice for all virginians. As the owest and most effective civil rights organization, both in the country and here in Virginia, the naacp continues to fight for freedom until all people have realized the equal hands of justice, fairness, and true equality. Please join me in giving the state conference of the naacp a warm Senate welcome.
[Unknown]
I will, thank you, Senator. Would members from the Virginia state conference naacp please rise. You all have a great group this thank you, all, so much for afternoon. Being here in Mr. Jefferson's capital. As you know, yesterday was Martin luther king jr. Day and Senator McClellan gave a great overview of his great work. We thank you for being here. Thank you for advocating in the principles and values we all believe strongly in. Hope you have a wonderful stay in our capitol today and we look forward to seeing you soon. I would ask the members of the Senate to please join me in offering members of the naacp the warm welcome of the Senate. [ applause ] the Senator from mecklenberg, Senator Ruff .
Frank Ruff
Thank you, Mr. President. I rise for an introduction.
[Unknown]
Senator has the floor.
Frank Ruff
Today is vita day on the hill. We have many economic development folks from the association here at the capitol. Joining us in the gallery are at least the following. Please welcome met leonard, kelly tucker, linda green and I 'm sure there are others either there or in the committee rooms. Please give them a warm welcome.
[Unknown]
I will. Thank you, Senator. Would members from veda please rise. Thanks for being here today and thanks for all your advocacy as well. I'd ask the members of the Senate to join me in offering members from the veda the warm welcome of the Senate. [ applause ] the Senator from James city county, Senator Norment .
Tommy Norment
Thank you, Mr. President. I rise for an introduction.
[Unknown]
Senator has the floor.
Tommy Norment
Mr. President, earlier we recognized and welcomed to the Senate of Virginia a member of the board of visitors of the alba mat ter of the nation, also known as the college of william & mary, going back to 1693. I hope he has not left because, Mr. President, I would appreciate it if you would extend a very warm welcome in the gallery to michael Lopez, and michael Lopez is in in fact a student at the college of william & mary and he had the opportunity this last semester to be in the class of one of william & mary's most extraordinary professors, and I would say, Mr. President, that michael is -- has a great deal of intellectual curiosity, much of it foik focusing in the area of state and national politics. He's demonstrated a great acumen for and he spent some time interning in my office, and he represents the brightest and the best that the college of william & mary offers. If you would be so kind to extend a very warm welcome to michael Lopez, please.
[Unknown]
Thank you, Senator. Is michael Lopez with us this morning? Michael, welcome and we can talk later about your experiences with your various classes at the college of william & mary. So I 'm sure you learned a lot and I appreciate you being here today. As I said, our son graduated from there. What a wonderful educational opportunity it is at william and nare and we're blessed in Virginia to have great colleges and universities. Appreciate you being here with us today. I'd ask the members of the Senate to please join me in offering Mr. Michael Lopez the warm welcome of the Senate. [ applause ] the Senator from Roanoke County, Senator Suetterlein .
David Suetterlein
Mr. President, I rise for an introduction.
[Unknown]
Senator has the floor.
David Suetterlein
Well, this is a great opportunity for me. I only took a year and part of the second to have my first introduction of visitors from southwest Virginia, but I 'm very excited to welcome two good friends from southwest Virginia we have got aaron strad lynn, today. Who splits time between two of my favorite communities, Roanoke County and west county, and nashaun grover who rivers in the new river valley. Both are defenders of individual liberty and with that, very engaged in the civic life of southwest Virginia. They were very involved in the Senator from Russell 's successful campaign in 2014 and also in congressman Griffith 's successful campaign this year to the u.S. House of representatives. With that, ski that we extend the warm welcome to aaron spradlin and Mr. Grover.
[Unknown]
Thank you. Are they with us? Please rise. Thank you for bheerg and thanks for what you've done to help get great people elected to not only the Senate, but sounds like the congress as well. I'd ask the members of the assistant to please join me in offering aaron and nahshaun the warm welcome of the Senate. [ applause ] the Senator from Augusta, Senator Hanger -- okay. The Senator from Franklin County, Senator Stanley .
Emmett Hanger
Thank you, Mr. President. I rise for an introduction.
[Unknown]
The Senator has the floor.
Emmett Hanger
Thank you, Mr. President. Members of the Senate, we have the great privilege of having the family of seat mate, the gentleman from Grayson County. I must tell them that I do my best to make sure that he eats a healthy lunch. In fact, I urged today that he have salad. He asked why and I said because your wife can see you. Mr. President, if you extend to his daughter who is also here with his wife, his daughter emily, a former Page in the Senate who graduated just last week early from high school and is going on to college. We're so very proud of her, she is like family to me, and, of course, the most patient wife in the whole wide world, paula, and the lovely bride of seat mate who we all think so very highly of. Please extend to them the warm welcome of the Senate, I 'd appreciate it.
[Unknown]
Thank you, Senator. Would Ms. Carrico and emily please rise. Thank you for being with us today. I know it's a long trip and when we come here, we often have to leave our families behind and it's great to see you as well as other families come to be supportive of your spouses and to emily, wow, congratulations for your graduation and we wish you the best and I know great things are ahead for you. I'd ask the members of the Senate to please join me in offering Ms. Carrico and emily Carrico the warm welcome of the Senate. [ applause ] the junior Senator from Virginia beach, Senator DeSteph .
Bill DeSteph
I rise for the purposes of an introduction.
[Unknown]
The Senator has the floor.
Bill DeSteph
In the gallery today and on capital grounds, we have guests from the national federation of the blind of Virginia from Virginia beach, specifically from Virginia beach we have naomi o'toole and christy wynn.
[Unknown]
Thank you, Senator. Would members from the national federation of the blind please rise if you're with us. Senator, I 'm not sure if they're in the gallery. Perhaps they're watching from another room. We certainly appreciate you being being here today and just the great things happening for those with visual disabilities, we appreciate your advocacy. I would ask the members of the science to please join me in -- Senate to please join me in offering members of the national federation of the blind the warm welcome of the Senate. [ applause ] are there other matters for the morning hour? The Senator from Rockingham, Senator Obenshain shane.
Mark Obenshain
Mr. President, I rise for a motion. Mr. President, members of the Senate, you May have recognized the fact that the Delegate from Colonial Heights came in with his notice from the House. It's an indication that the House is not quite prepared to proceed with the election of judges pursuant to our scheduling resolution, so Mr. President, pursuant to rule 6 of House joint resolution 555, which is our scheduling resolution that had set today as the date for the special and continuing joint order for the election of judges, I would move that we agree to hold the special and continuing joint order until tomorrow, Wednesday, January 18, after the morning
[Unknown]
Thank you, Senator. Hour. The question is pursuant to rule 6 of hjr 555, the scheduling resolution, shall the Senate now agree to hold the special and continuing joint order on Wednesday, January 18th, 2017. Record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
Mark Obenshain
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The special and continuing joint order will be held on Wednesday, January 18th, 2017. Resolutions, petitions and bills are now in order. The Senator from western Fairfax County, Senator Marsden .
Dave Marsden
Thank you.
[Unknown]
Is there any other business for the morning hour? Seeing none, the clerk will call
Dave Marsden
Senate calendar for Tuesday, January 17th, 2017. Uncontested calendar, Senate bills on third reading.
[Unknown]
The Senator from James city county, Senator Norment .
Tommy Norment
Thank you, Mr. President. Before I make the appropriate motion, I would just remind our friends who decided to migrate and climb up the legislative ladder from the House of delegates to the Senate, that in the Senate we amend our bills on the second reading, unlike the House of delegates on the third reading, so all these bills will be placed on their final passage at this point. I move that all the Senate bills on the third reading on the uncontested calendar, which includes all Senate bills on Page 1 through Page 4, including Senate bill 800 through Senate bill 1062, be placed on their final passage in the block. If any Senator desires to remove a bill from the block, please do so after the clerk has read the number of the bill.
[Unknown]
Thank you, Senator. The question is shall the Senate bills on the uncontested calendar third reading, pages 1 through 4, Senate bill 880 through Senate bill 1062, be placed upon their final passage in the block, with the understanding that any Senator desiring a bill removed from the block would do so after the clerk has read the number of the bill. All in favor of the motion will say aye. Those opposed, no. The ayes have it. The motion is agreed to. The bills are before us in the block. The clerk will please read the number of the bill.
Tommy Norment
Senate bill 880. Senate bill 922. Senate bill 974. Senate bill 999. Senate bill 1009. Senate bill 1031. Senate bill 1032. Senate bill 1062.
Bill Howell
Thank you, madam clerk. The question is shall the bills in the block pass. All in favor in passage of the bills will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The bills in the block pass.
[Unknown]
Regular calendar, Senate bills on third reading. Senate bill 981, a bill to amend and reenact section 54.1-106 of the code of Virginia, relating to charity health care services, liability protection for administrators.
[Unknown]
Senator from Franklin County, Senator Stanley .
Bill Stanley
Thank you, Mr. President. I move that Senate bill 981 pass and speaking to that motion, sir.
[Unknown]
The Senator has the floor.
Bill Stanley
Thank you very much. Ladies and gentlemen of the Senate, Senate bill 981 as simple bill that tries to provide liability protections for the people in those groups that administer charitable health clinics across the commonwealth of Virginia. This comes from the Virginia bar their health law section. Association's recommended by it was supported by the medical society of virginiaing the Virginia nurses, Virginia dental association, the Virginia society for anesthesiologists, the health wagon which is so important in southwest Virginia, and also supported by the Virginia association for marriage and family therapy. Basically, on background here, charitable health clinics provide life lines for virginians in need throughout the commonwealth of Virginia and many times, Mr. President, this May be the only time that they get to have that kind of opportunity to seek medical care and obtain it through the charitable medical care. The code of Virginia provides right now and this amends that code section, that it provides protection for the healthcare providers that staff those what this bill does is ensure clinics. That the hosts and organizers for those clinics have the same protections. It extends those protections past just existing healthcare providers and it gives it to the people that administer, orlgz, arrange or promote the charitable clinic. By way of example, Mr. President, let's say there's a chaurch that hold and free dental clinic and let's say the cub scouts that advertise or promote that as a part whatever they do in the community. Those liability protections, immunity protections would be extended to them. Ladies and gentlemen and those who May be members of the bar, this does not extend total immunity if there are axes of gross negligent or willful misconduct that take place by these people to whom we are extending the liability protection. That would nobt covered, so it's a good immunity provision that extends to those who do so much for us in the underserve and underprivileged medical served areas and so for those reasons, Mr. President, I ask that this bill pass.
[Unknown]
Thank you, Senator. The Senator from Fairfax city, Senator Petersen .
Chap Petersen
The gentleman yield fa a question?
[Unknown]
The gentleman yield?
Chap Petersen
Yes, Mr. President.
[Unknown]
I'd ask the yes, first of all, there's an existing statute already on the books which protecting healthcare providers for services that they render for free in this context, correct?
[Unknown]
The Senator from Franklin .
[Unknown]
Mr. President, I 'd answer the gentlemen bay by saying yes, there is, and there's tho piece of legislation what we're seeking to extend that protects healthcare providers as well.
[Unknown]
The Senator yield for an additional request he.
[Unknown]
I would say to the gentleman in line 18 in which the existing law exists, that it uses the phrase voluntarily and without compensation to express those services that are protected under the statute. Is that not correct?
[Unknown]
The Senator from Franklin .
[Unknown]
Mr. President, I 'd answer the fine gentlemen by saying, yes, it does. Further question, Mr. Chair.
[Unknown]
Does the Senator yield for an additional question? I think he yields, Senator .
[Unknown]
I yield.
[Unknown]
I'd ask the gentleman that that same phrase is not copied and pasted into the new text in which we're adding a new class of people to be protected, is that correct?
[Unknown]
Senator from Franklin .
[Unknown]
Mr. President, I would say to the gentleman that the text is there and reads for itself and I agree with him it does not have those words as found in the code already stated.
[Unknown]
Further question, Mr. Chair.
[Unknown]
Senator yield for an additional question.
[Unknown]
Yes, Mr. President, I 'd love to.
[Unknown]
I'd ask the gentlemen, that being the case, we are actually protecting people that May be providing services for a fee under this statute for the first time.
[Unknown]
Senator from Franklin County .
[Unknown]
Mr. President, I would answer the gentlemen bay saying, there May be those occasions where a church that provides this service for charitable healthcare May be either paid a fee or compensated for whatever kind of insurance or cost that May be incurred, and by that alone, we might think that that is not without compensation or voluntarily. This captures not only those situations, but those other situations where persons, administrators, boy scouts, churches offer it for free so in that instance, Mr. President, let's say if the boy scouts who are advertising and going tarnd around to businesses and trying to get help and make sure people get to this charitable medical care, refer a donation to that you are boy scout or cub scout group, one could consider that is with compensation and would exempt them from what we're trying to protect them with.
[Unknown]
The Senator yield for an additional question?
[Unknown]
I will, Mr. President. We can go outside and talk about it or we can continue to do it here.
[Unknown]
I would ask the gentleman, I understand his analogy or his use of the boy scout or a church, but let's sate organizer of this medical health clinic or this rural health clinic goes and bice a sefrt tires for the health wagon and then turns around and doesn't pay for those tires. Will he not be immune from having to pay for those tires under this new language?
[Unknown]
The Senator from Franklin County .
[Unknown]
Mr. President, I would answer by saying I don't think so. I don't think he would be immune from that at all.
[Unknown]
I'll speak to the measure.
[Unknown]
The Senator has the floor.
[Unknown]
Ladies and gentlemen are the Senate, I question pli good friend from Franklin for two reasons. One is I don't want the freshman in this body to think we never have debates on the floor of the Senate, which a lot of you do, but immunity bills are like tax credits. Once they get created, they never go away and they tend to expand. There's a lot of government agencies that are the same way, by the way, and with this immunity bill, it was put in place to protect medical providers, not djs, not promoters, not bus drivers, not people that bring people to the medical clinic. They were to protect medical providers and what we're doing is we're expanding the statute to cover people that get paid for their service. Well, there's something about people that get paid that's actually pretty unique. They have something called insurance and insurance means that when people get hurt, they get compensated and when you put a statute like this on the books, that means there's no claim, which means there's no insurance, which means there's no recovery. So yeah, maybe I 'm a trial attorney, maybe that's why I thought of this, but I 've represented people that are in situations where they get hurt and there's no insurance and that's what we're creating in this situation, so listen, I understand the statute, it's a good statute, but the bottom line is it's starting to become something it wasn't intended to be, and so I don't think expect more than a few people to vote against this, but I 'm going to vote against it, because again, we're creating a class of people that are not going to get a recovery if they get injured and think that's unfortunate.
[Unknown]
Thank you, Senator. The Senator from Hanover, Senator McDougle .
Ryan McDougle
Mr. President, would the gentleman from Franklin yield for a question?
Bill Howell
Would the gentleman from Franklin yield for a question?
Ryan McDougle
I was just sitting here, but sure, I 'll yield.
[Unknown]
Mr. President, I wanted to ask the gentlemen if this would apply to organizers of events if they were pediatric neurologists.
[Unknown]
The Senator from Franklin County .
[Unknown]
Mr. President, I am proud to answer this question. That I would say to the gentleman from Hanover that, of course, because I know that pediatric neurologists know and want to be a part of charitable care. In fact, if I May say, I know one pediatric neurologist who has been down there offering and administering charity care and we are eternal grateful and while his name escapes me right now, I can tell you that it would apply to pediatric neurologists. Thank you.
[Unknown]
Thank you, Senator. The senior Senator from loudon, Senator Black .
Dick Black
Thank you, Mr. President. I rise to speak in favor of the -- of the bill. Years ago, I was pleased to, to visit with one of these clinics in Loudoun County. They serve a variety of people, many of them of uncertain citizenship, but they're people who are sick and they needed help and in going around, I was really struck by the personal sacrifice of people who went and did this, and I was pleased to sponsor the bill that created the original immunity for the healthcare providers. You have the volunteer healthcare providers, but you also have to have some sort of a structure to hold the whole thing together. I will guarantee you, having seen these, there is nobody who is lining their pockets and making a fortune on administering these clinics. They are, they are run on a shoestring, very little money to them, and you have people who do it and in a fairly sacrificial way, but at the same time, if you are going to maintain it and have continuity, you can't just throw it together strictly with volunteers. Typically, you got to have one or two people who do the administration, who recruit the physicians and the nurses and all those other people, and so those are the people that are being added and to say that, you know, I mean anybody can get insurance if they can afford insurance, but I don't think that the amount that's being paid to the administrators of these poor little clinics is sufficient and I would not like to put that burden on them, so I think that the way that the bill is drafted, I think it's done very skillfully in a very measured fashion. I understand the concerns of the trial bar, but at the same time, I think it's appropriate so that we can keep these clinics functioning, that we provide this immunity for the administrator. Thank you.
[Unknown]
Thank you, Senator. The Senate will stand at ease. One of the pages just collapsed, soil be right back. -- so I will be right back. [ gavel banging ] the Senate will come to order. Thank you for that brief recess, everybody is fine, so we can proceed with business. The Senator from Rockingham, Senator Obenshain .
Mark Obenshain
Mr. President, before further experience do any more harm concerning this bill, I will respectfully ask this bill to go bye for the day.
Bill Howell
Thank you, Senator. Without objection, Senate bill 981 will go bye for the day.
Mark Obenshain
Uncontested calendar, Senate bills on second reading.
[Unknown]
The Senator from James city county, Senator Norment .
Tommy Norment
Mr. President, before I make the motion on that, I 'd just like to remind the body of a very interesting fact of life. We have 38 days left. Yesterday, 289 bills were dropped into legislative services. That bill is probably going to pass with 37 votes and we are a parliamentary debate and I respect that, but we just, to be -- need to be mindful that the velocity of legislation is going to increase and I certainly would not want to chill anyone's opportunity to be heard, but you May want to think about some pragmatism here. With that, Mr. President, I would respectfully move that all the Senate bills on the second reading on the uncontested calendar, including all Senate bills on Page 5 through Page 8, including Senate bill 852 through Senate bill 1164, be engrossed and advanced to their third reading in the block after the adoption of any amendments, that any Senator who desires to remove a bill should please do so after the clerk has read the number of the bill.
[Unknown]
Thank you, Senator. The question is shall all Senate bills on second reading of the uncontested calendar on pages 5 through 8, Senate bill 852 through Senate bill 1164, be engrossed and advanced to their third reading in the block after the adoption of the amendments thereto, that any Senator desiring to remove a bill from the block would do so after the clerk has read the number of bill. All in favor of the motion will say aye. [ ayes expressed ] those opposed, no. The ayes have it. The motion is agreed to.
Tommy Norment
Senate bill 852. Reported from the committee on agriculture, conservation and natural resources with a
[Unknown]
The Senator from Franklin substitute. County, Senator Stanley .
Bill Stanley
I move move that the committee substitute be agreed
[Unknown]
The question is shall the to. Committee substitute be agreed to. All in favor of the motion will say aye. Those opposed no. The ayes have it. The substitute is agreed to.
Bill Stanley
Senate bill 856 reported from the come oat agriculture, connect and natural resources. Senate bill 909 reported from the come oat agriculture, conservation and natural resources. Senate bill 910, reported from the committee on agriculture, conservation, and natural resources. Senate bill 911, reported from the committee on agriculture, conservation, and natural resources. Senate bill 940, reported out of the committee on rehabilitation and social service.
[Unknown]
Mr. President.
[Unknown]
The Senator from southern Chesapeake, Senator Cosgrove .
John Cosgrove
Thank you. Mr. President, senior senior from Chesapeake, I will like pull sb 940 for the purposes of a motion.
Bill Howell
Without objection, Senate bill 940 will come out of the block.
John Cosgrove
Senate bill 941 reported from the committee on rehabilitation and social services. Senate bill 968 reported from the committee on agriculture, conservation, and natural resources. Senate bill 1122, reported from the come oat rehabilitation and social services. Senate bill 1164 reported from the committee on rehabilitation and sosh services.
[Unknown]
Thank you, madam clerk. The question is shall the Senate bills be engrossed and advanced to their third reading. That is all bills sense 940 on Page 6. All in favor of the motion will say aye. Those opposed, no. The ayes have it. The bills are engrossed and advanced to their third reading. Returning to Page 6, Senate bill 940, the Senator from southern Chesapeake, senior Cosgrove .
[Unknown]
Thank you, Mr. President. I would move that Senate bill 940 be rereferred to the committee on rehabilitation and social services. I've been notified by a couple of different administration folks that there's a conflict with another bill.
[Unknown]
Thank you, Senator. The question is shall Senate bill 940 be recommitted to the committee on rehabilitation. All in favor of the motion will say aye. [ ayes expressed ]
[Unknown]
Those opposed no. The ayes have it. The bill is recommitted to rehabilitation committee.
[Unknown]
Regular calendar, Senate bills on second reading.
[Unknown]
Senate bill 898, relating to direct compliance with regulations of certain combined sewer overflow outfalls, potomac river watershed. Reported from the committee on agriculture, conservation and natural resources with a substitute. And there is a floor substitute.
[Unknown]
The Senator from Stafford, Senator Stuart .
Richard Stuart
Mr. Chairman -- sorry, Mr. President, I move the committee substitute be adopted.
[Unknown]
Thank you, Senator. The question is shall the committee substitute be agreed to. All in favor of the motion will say aye. Those opposed no. The ayes have it. The substitute is agreed to. The Senator from xrarnd dra, Senator Ebbin .
Adam Ebbin
Parliamentary inquiry.
[Unknown]
Yes, Senator .
Adam Ebbin
The floor substitute was distributed. Is that discussed before the committee substitute or after?
[Unknown]
That's out of order presently because his substitute was just agreed to.
[Unknown]
I thought I --
[Unknown]
In order to come to your substitute, his substitute would have needed to be rejected. And it was just passed unanimously.
[Unknown]
Is there a --
[Unknown]
The Senator from Fairfax city. [ inaudible comments ]
Bill Howell
The question is shall the vote by which Senate bill -- the substitute was agreed to be record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 39, nos 0. Rule 36-1.
[Unknown]
Ayes 39, nos 0, rule 36-1. The substitute will be reconsidered. The Senator from Stafford, Senator Stuart .
Richard Stuart
Mr. Chairman, I would -- I 'm sorry, Mr. President, I would make the same potion. I think I need to defer to the Senator from Alexandria .
[Unknown]
I move that the floor substitute be agreed to and spoking to that motion -- speaking to that motion. I move that the floor substitute be accepted. I move the committee substitute be rejected. And speaking -- and the floor substitute be adopted? Is that the same motion?
Richard Stuart
Senator, he has made the motion to agree to his substitute, so you would need to make the argument against the substitute.
[Unknown]
Speaking to the committee
[Unknown]
The Senator has the floor. Substitute.
[Unknown]
This bill addresses Alexandria dra's combined sewer overflow issue and only alexandrias, and the reason it does that is because there's a like 800 cities across the problem. Country, including Richmond and Lynchburg, Alexandria and those with older sewer systems when it rains, the wastewater and stormwater can be discharged at the combined sewer overflow point. While Richmond and Lynchburg have been dealing with this for at least 25 years or so, Alexandria is dealing with it and it's under a full compliance with nine epa minimum controls and 95% of our city is served by separate sanitary sewers which flow to a wastewater treatment plant, but what we're talking about is 5% of the city that discharge waste serving the remaining 5% of the city oldtown where the sewers were built many years before we knew we'd have this kind of population we share today. It's a complex issue with many a fully developed city with many homes and historic streets that cover I want network of pipes and out -- cover up the network of pipes and youth flows. I have that concern and the city had a certain as well. The city agreed to take proactive steps to deal with this sooner than required to by federal law or by deq, and I wanted to accelerate the process. I introduced legislation that would hold the city to what it promised to do. Senator Surovell introduced legislation to accelerate and we have the third option, this bill which we heard in committee, some call the nuclear option. This bill would require that we deal with this in three years and I spoke to deq. They couldn't find on the cso in the yunes or didn't know of -- united states or didn't know of one that had been dealt with in three years, so I talked to the city and asked them to speak with engineers. I have a letter from the engineers and to sum rise, it says if the process were started today, the earliest the facilities could be given the certificate to operate would be 2026 to 2029. And because we're building a solution to csos number 2, 3 and 4 in a more concentrated area in hunting creek, we'd be dealing with 4, so it says that by 2028 would be an extremely aggressive schedule. Alternatively a deadline of 2030 would still be aggressive but a bit more reasonable. That's what this calls for. Now, I 'm not going to go into all the engineering, but there are a lot of people wondering why does it take to long and if you want to build a multi-million-gallon storage tank under the potomac river or dig up polluted reconcile and put it -- soil and put I want the streetses of oldtown or deal with much larger pipes, those are solutions, but they have to be planned for. There's a planning phase a tase where you have compliance with national environmental policy act, and you have to establish and conduct facility planning and geotechnical phase a design phase, a construction procurement phase, the final construction, and then even to start up and commission this plant, it is required six months of testing. That's nine to twelve years, so the state has already given us permits for dealing with the other three outflows which are quite serious, of seven to nine years each. We've invested about 120 million, which I believe -- in total, we're willing to invest 4,000 per resident. Lynchburg and Richmond have gotten about 100 million to 200 million from the state between appropriations and loans and they've gotten federal earmarks. We had one million dollars in the budget that Senator Saslaw obtains or put in the budget several years ago, one million dollars went we started to start that planning and that one million dollars was removed. Now, we're not asking for money today, but the cost per resident would likely be $4,000 per resident to do all this, rutting in a 50% increase in water billses on our man for other outflows is based on extensive public participation, scientific and engineering studies, coordination with the state. We've got a letter from the city's bond counsel that the underlying bill if this floor substitute were to be rejected and the other bill to pass, quote, May strain the city's financial position to the point that the viability of the city's triple-a bond rating are brought into question. I have a letter from Alexandria 's chamber calling the underlying bill a draconian measure that unfairly targets all business owners, public safety servant and teachers based on the kind of tax increases that could be require in other cuts. Xernd dra wants to address this problem. I want to address this problem. Eventually under existing law, this problem would be addressed, but what I 'm promoting here on the floor substitute is a realistic way to address this problem, not a way that can't be met, not a nuclear option that would take $150 million, 15% of all our funding, $150 million of state funding away from us. I don't recall us doing this to anyone, but further, what's worse is it makes 140 of us environmental regulators. Do we know the complexities of public works projects? I learned a lot about them, but I don't know outline all of it and I could read you engineering letter, but I 'm not going to unless someone asks me to. This is a grossly inappropriate financial penalty and it's something that just can't be why don't we let deq do its job done. Or alternatively pass the floor substitute? It's really -- it's a solution that just can't be met that's proposed in the original bill. I think this substitute is a good step forward to accelerate the process. That's what my original goal was when I met with the city this summer, that's what they agreed to do, that's what the public asked them to do, and now we are going to choose between either something that can be done or something that can't be done and affect the bond rating and that leads to the money that would need to be borrowed to solve this problem. With that, I respectfully ask that we reject the committee substitute. So I ask you to vote no.
[Unknown]
Thank you, Senator. The Senator from southern Fairfax County, Senator Barker .
George Barker
Mr. President, speaking in opposition to the adoption of the committee substitute.
[Unknown]
The Senator has the floor.
George Barker
Mr. President, I 'll be short and direct to the point. I think as indicated bit Senator from Alexandria, the timeline specified in the committee substitute is not possible. It's something that cannot be met in a three-year time period here and cannot be met by several years, not a matter of days, weeks or months. Therefore, I think this bill is -- and it highly inappropriate for us to adopt something that we know is impossible to do and that has major fiscal implications to the city of Alexandria in this particular case and that we could be withholding school funds and all types of funds that would be provided to the city based upon something that they are not -- don't have in their power to be able to meet.
[Unknown]
Thank you, Senator. The senior Senator from Fairfax, Senator Saslaw .
Dick Saslaw
The Senator from Stafford yield for a question?
[Unknown]
The Senator from Stafford yield for a question?
Dick Saslaw
Yes, Mr. President.
[Unknown]
He yields, Senator .
[Unknown]
Could you explain to the Senate what the total extent of the penalties are of this 2019 date is not met?
[Unknown]
The Senator from Stafford .
[Unknown]
The total extent of the penalties if they don't come my within 2020 could be that funds that are allowable under law could be withheld.
[Unknown]
So --
[Unknown]
The Senator from Fairfax .
[Unknown]
Mr. President, I would ask that the translation whatever you just said is they could lose all their school funds and anything else, monies that come from the state.
[Unknown]
The Senator from Stafford .
[Unknown]
Mr. President, in all honesty, I can't answer that question with specificity because some of those funds are tied to federal strings. So I can't tell you today exactly what funds could be withheld because the way I crafted the bill, it says whatever is allowable under the law. I would further tell you that it is not my intention to try to withhold funds from the city of Alexandria. It is my intention to try to make them to consider this as a priority for them. They've don't dumping all this sewage into the potomac river for many, many years, and all of a sudden we've gotten their attention, and that's my goal. It's not to withhold their funds. It's to make them deal with this issue.
[Unknown]
The senior Senator from Fairfax .
[Unknown]
Mr. President, the last that I knew, the money that we give to k-12 is not contingent on any federal funding, so they would lose every last bit of the money we send to them for public schools. Is that not correct?
[Unknown]
The Senator from Stafford .
[Unknown]
Mr. President, there is a potential that they could use -- lose various categories of funding if they refuse to stop dumping 130 million gallons of sewage into the potomac river every year.
[Unknown]
Thank you, Senator .
[Unknown]
Speaking to the --
[Unknown]
The Senator has the floor.
[Unknown]
-- to the committee substitute, I 'll just tell you all this. There isn't anybody in this room, I mean anybody in this room with half a brain that thinks would be signed into law by the governor, okay? We all know that. So why don't we cut this charade and take the amendment, reject the committee amendment and take the amendment that's being offered by the Senator from Alexandria, which offers a reasonable guideline, you know torque get this done. You got a letter from engineers that do this work and they said it would even be a stretch to get it done by 2026, much less 2020, and they said it would even -- when he read the letter earlier to some of us, it would even be pretty hard to get it certified by 2030. So I don't see why -- we're wasting time doing this when everybody in this room knows full well this bill would never be signed into law by the governor. And ask yourself this. Would you want a stun like this pulled on your -- stunt like this pulled on your jurisdiction. That's what it comes down to. So think about that when you vote on this amendment. Is this something that you would want done to your area. If it is, then vote for the committee substitute. But I think it's a -- you know, I think it's a little unrealistic, you know, to stick this requirement on this bill going out of Senate. Sooner or later, the Senator from -- and we all run into this, sooner or later, our areas need help and we need help from each and every one of us in here. You pull a stunt like this, and sometimes you don't get the help that you need when it needs to be reciprocated. We should be getting along and looking out for each other's areas and not trying to pull a stunt like this and I would hope, Mr. President, that they reject the committee amendment and vote for the floor amendment.
[Unknown]
Thank you, Senator. The Senator from eastern Fairfax County, Senator Surovell .
Scott Surovell
Would the gentleman from Stafford yield for a question?
[Unknown]
Would the Senator stafrd yield for a question? He yields, Senator .
Scott Surovell
The gentleman aware of whether the city of Alexandria has appropriated any money in the state budget for k-12 education?
[Unknown]
The Senator from Stafford .
[Unknown]
I could not speak to how much money they're appropriated or if they are.
[Unknown]
The Senator from eastern Fairfax .
[Unknown]
The gentleman yield for another question?
[Unknown]
I yield.
[Unknown]
He yields, Senator .
[Unknown]
It's correct, the city is appropriated money in the budget and what each locality gets in the state budget, right?
[Unknown]
I assume so. I can't speak --
[Unknown]
Would the gentleman yield for another question?
[Unknown]
He yields.
[Unknown]
Is the gentlemen's understanding anything in the state budget trumps whatever we pass in terms of laws in this body? Gloot Senator from Stafford .
[Unknown]
I do, Mr. President.
[Unknown]
The Senator from eastern Fairfax .
[Unknown]
The gentleman yield for another question?
[Unknown]
I will yield.
[Unknown]
He yields.
[Unknown]
As many as he wants.
[Unknown]
So is it accurate to say that the monies that this could potentially affect would be monies that are not specifically referenced in the state budget that night otherwise flow to the -- might otherwise flow to the city of Alexandria, but not school moneys and other monies specifically appropriated.
[Unknown]
I'll try to answer this one more time. I have -- I hope we never have to get there. I hope we never have to get to the point of withholding state money from the city of Alexandria. I have not examined what money May be withheld under this bill because there are specific rules that apply to that and I haven't gotten that far.
[Unknown]
I thank the gentleman.
[Unknown]
I can't answer your question yet.
[Unknown]
Thank you, Senator. The Senator from James city county. Senator Norment .
Tommy Norment
Mr. President, earlier this morning, you were generous enough to introduce to the Senate michael Lopez, a student from the college of william & mary, which was in my government 390 class, and one of the fundamentals that I try to emphasize to those young people is the integrity and the respect and the separation of powers and the foresight that our forefathers had in creating that separation of powers. I would just say that there's some passionate positions on both sides of this issue, but I hope that we would not start embarking on our deliberations predicated on the anticipated action of the executive branch. I would certainly say that the governor has clearly articulated his feelings on some more volatile issues down the Hall and that is certainly his perspective, but by the same token, I don't think that that should chill or obfuscate the necessity of having legitimate debate on issues that come before the body.
[Unknown]
Thank you, Senator. The Senator -- senior Senator from Fairfax County, Senator Saslaw .
Dick Saslaw
I would say to the Senator from william & mary that, that -- from James city county, that everybody, just an aside, there used to be a Senator from the state of Washington, a u.S. Senator named scoop jackson, and he was commonly referred to on the floor as the Senator from boeing. Anyway, I don't -- I certainly don't mean to chill any debate, but I also don't believe that the Senate ought to embark on done key hote ti type missions either.
[Unknown]
Thank you, Senator. The Senator from western Fairfax County, Senator Marsden .
Dave Marsden
Thank you, Mr. President. Speaking to the committee substitute.
[Unknown]
The Senator has the floor.
Dave Marsden
Thank you, Mr. President. While I certainly appreciate the gentleman from Stafford 's bringing this sense of urgency to the problem, nobody wants sewage put into the for tomorrow make river, especially from the city of my birth, and -- but it is our job to create meaningful, reasonable, realistic legislation. I get somewhat concerned when we introduce legislation that's designed to move some process along where we put in things where we're taking money away from jurisdictions, which is not anything I 've ever heard of since I 've been here, or putting unrealistic time frames. I'm reminded of the ten commandments, the movie, where the israelites were asked to make bricks without straw and an unrealistic and impossible exercise, and that's what this I think it's very dangerous to is. Start putting into things that are ultimately impossible to perform because we don't know how they're going to move through the system and what could happen and we could actually pass something like that that would put the city of Alexandria in a very unfavorable situation. So I would ask that we reject the committee amendment and accept the floor amendment from the Senator from Alexandria. Thank you.
[Unknown]
Thank you, Senator. The senior Senator from Loudoun, Senator Black .
Dick Black
Thank you, Mr. President. I speak against the floor amendment. Ladies and gentlemen, the testimony before committee was that they have been dumping raw sewage for over 100 years, and it's 13 million gallons of raw sewage going into the potomac, going downstream, going into people's drinking water, going out to where --
[Unknown]
Would the gentleman yield for a question?
Dick Black
Senator, let's let him
[Unknown]
To where it is affecting the finish, thank you. Shell fish and all of the other things that people eat, and 100 years is a long time. And I think it is time that we -- that we help to light a fire and create a bit of a sense of urgency. I know that in my district, if we were dumping raw sewage, people would be all over us. And something would happen quickly, and people would not be terribly sympathetic. And I just think we need to get on with it. We need to light a fire. We can work through things as they go, but I don't like the idea of raw sewage being dumped into people's drinking water and poisoning their food. I don't think we ought to do it, and that's the environmentalist in me, but I guess that's where I am. [ laughter ]
[Unknown]
Thank you, Mr. President.
[Unknown]
Thank you, Senator. The Senator from Bedford, Senator Newman .
Steve Newman
Mr. President, could I yield to the gentleman from Stafford temporarily and then back --
[Unknown]
The Senator from Stafford, you have the floor.
Steve Newman
Thank you, Mr. President. Mr. President, I want everybody just briefly. To understand what I 'm trying to do here. The city of Alexandria has been dumping 130 million gallons of sewage into the potomac river for a long time. This didn't just start yesterday, it didn't start last year, it didn't start five years ago or ten years ago. It's been a long time and the epa regulations that they are taferpting to get towards really are for cities like boston a major metropolitan city. And so their regulations really don't address a city like Alexandria and they've been able to skate under the radar in this. Now, please keep this in perspective. They've been doing this for a long, long time. Under my bill, they still would dump 400 million gallons of sewage into the potomac river before they fixed it, and I 'm willing to debate an engineer as to whether or not they can fix it in this time frame. It's aggressive, it May take them a couple more years to do it, but that's the problem. We haven't been able to get their attention. They have not made this a priority to fix it and that's important. We have got to let them know that they've got to make this a priority to fix it. Let me put this into comparison. Even under my bill, it would be 400 million gallons of sewage would continue to go so the potomac river. The deep horizon well spewed 360 million gallons of oil into the gulf of mexico during this horrific incident and you see the devastation that caused. Well, you see the devastation that the sewage causes in the potomac river every day. I grew up on that river. We used to be able to see the bottom. We used to be able to go out ten feet and see the bottom and catch fish. You can't go in it now. In fact, when my children were little, I wouldn't even let them swim in it anymore because it's that concerning. We have flesh-eating bacteria. We have serious health issues that face us and the people downstream of Alexandria. This isn't a game to me. And Senator Saslaw, I can assure you, it is not a stunt. This is real for me, the people that I represent downstream, Prince William County, Stafford County, King George County, Westmoreland County, Northumberland County. I don't represent them anymore. We have to live in the sewage they dump in the river. That's unfair to the people I represent. It's unfair to the rest the people of the commonwealth. We spend millions and millions of dollars trying to get this stuff out of the rivers and the bay, and yet they continue to dump it in. I get that it's an aggressive strategy. Lynchburg has spent a fortune and they worked hard to deal with those issues. So is the city of Richmond and I contend that they didn't have the money to do it. One other thing I want to point out. Under, under the Senator from Alexandria 's substitute -- and this is really important -- you look at his language, he says to come up with a plan by 2020, which is where I actually want it fixed. And to determine what actions are necessary for the cso to come into compliance with the cso control policy adopted by the u.S. Environmental protection agency 59 cfr 18688 and submit a schedule and comply with that. What you don't see is the following language that I have in my bill. And what that language says is, unless a higher level of control is necessary to comply with a total maximum daily load, the and that's important and let me tmdl. Tell you why it's important. The Senator from Alexandria has drafted a substitute that, even if we agree to it and it goes into law, they can still continue to dump a bunch of sewage into the potomac river because the standard is not strict. I know everybody in here wants to deal with this issue, and I admire the Senator from Alexandria, he is supporting his people. Mr. President, I got an email this morning from a gentleman who lives in Alexandria and I 'm not going to read his name, but I 'm getting emails from the citizens of Alexandria. Senator, as a resident of Alexandria, I fully support your bill to require the city to cease cso by 2020. As you May know, the city spend and lot of money on a lot of nonsense, including converting miles of road to bike lanes. If the city has money for that, it should have money to prevent human feces from polluting our waterways. The people in Alexandria want something to be done about this. The city council doesn't find it as a priority, and I think this bill will make them think it's a priority. Thank you, Mr. President.
[Unknown]
Thank you, Senator. The Senator from Bedford .
[Unknown]
Mr. President, with an understanding that the velocity of the legislation must go through, I would ask that the bill go bye for the day and I 'd like to speak briefly to that.
[Unknown]
The Senator has the floor.
[Unknown]
Mr. President, I know there's been a lot of debate on this bill, but the fact is that the city of Lynchburg is incredibly grateful for what this legislature did for us. We had an enormous problem and so did the city of Richmond. Alexandria has a different problem, but I think there is a need to move Alexandria forward because, as you know, the city of Lynchburg doubled their water rates, more than doubled their water rates, and that hasn't yet occurred and there is an opportunity to make this a priority. So pushing toward a priority is important, making it a real lick priority is the only way to do it, and the question, too, is is there going to be another bond package that comes through that also assists. I'd like for us to have an opportunity to look at the difference between maximum effort that's reasonable and also doing something which is impossible for the city. Mr. President, I hope that the bill would go bye.
Bill Howell
Thank you, Senator. Without objection, Senate bill 898 will go bye for the day.
[Unknown]
Senate bill bbill.
[Unknown]
Senate bill 899, relating to seeking an exemption from the federal reformulated gasoline program for gasoline sold for farm use. Reported from the committee on agriculture, conservation and natural resources.
[Unknown]
The junior Senator from Virginia beach, Senator DeSteph .
Bill DeSteph
Mr. President, Senate bill 899, all it does --
[Unknown]
All we need to do end gross and sad vans stoo we'd like to move to it third immediating.
Bill DeSteph
Thank you, the question is shall Senate bill 899 be engrossed and advanced to third reading. All in favor of the motion say aye. Those opposed no. The ayes have it. The bill is engrossed and advanced.
[Unknown]
Senate bill 906, relating to the introduction of snakehead fish, penalty. Reported from the committee on agriculture, conservation and natural resources.
[Unknown]
The Senator from eastern Fairfax County, Senator Surovell .
Scott Surovell
Mr. President, I move the be engrossed and pass on to third reading.
[Unknown]
Thank you, Senator. The question is shall the billing engrossed and advanced to third reading. All in favor say yea. Those opposes no. The ayes have it. The bill is engrossed and advanced to third reading.
Scott Surovell
Senate bill 948, relating to commodity boards, tobacco board. Reported from the committee on agriculture, conservation and natural resources with a substitute.
[Unknown]
The Senator from mecklenberg, Senator rough.
[Unknown]
Mr. President, I move the committee substitute
[Unknown]
Question is shall the substitute be agreed to. All in favor of the motion will say aye. Those opposed, no. The ayes have it. The substitute is agreed to. The Senator from mecklenberg.
[Unknown]
Mr. President, I move the bill be engrossed and pass to third reading.
[Unknown]
The question is shall is bill be engrossed and advanced to third reading. All in favor of the motion say aye. Those opposed no, the ayes have it. The bill is engrossed and advanced to third reading.
[Unknown]
Senate bill 1097, relating to James river state scenic river. Reported from the committee on agriculture, conservation and natural resources with an amendment.
[Unknown]
Senator from Bedford, Senator Newman .
Steve Newman
Mr. President, I move that the bill be stricken and speaking to that motion.
[Unknown]
The Senator has the floor.
Steve Newman
Mr. President, there is a bill that comes after this that is similar and I think that it can port the items that -- incorporate the items that are included and the desired increased velocity, I 'd --
Bill Howell
Thank you, Senator. The motion on the noor that is Senate bill 1097 be record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes. Nos 0. Rule 36-1.
[Unknown]
Ayes 37, nos 0, rule 36-1. The Senate bill is stricken from the calendar.
[Unknown]
Senate bill 1196, relating to James river state scenic river, designation of additional component of Virginia scenic rivers system. Reported from the committee on agriculture, conservation and natural resources with amendment.
[Unknown]
The senior Senator from Bath County, Senator Deeds .
Creigh Deeds
Appreciate that, Mr. President. I hope that the amendment will be agreed to.
[Unknown]
Thank you, Senator .
Creigh Deeds
Question is shall the committee amendment be agreed to. All in favor of the motion will say aye. Those opposed, no. The ayes have it. The committee amendment is agreed to. The Senator from Bath .
[Unknown]
Mr. President, move the bill be engrossed and pass to third reading.
[Unknown]
Thank you, Senator .
Bill Howell
The question is shall the bill be engrossed and advanced to its third reading. All in favor of the motion will those opposed, no. Say aye. The ayes have it. The bill is engrossed and advanced to its third reading.
[Unknown]
Uncontested calendar, Senate bills on first reading.
[Unknown]
The Senator from James city county, Senator Norment .
Tommy Norment
Mr. President, I now move that all the Senate bills on the first reading on both the uncontested and regular calendar, including all Senate bills on pages 10 through 13, including Senate bill 796 through Senate bill 1055, that the rules of Senate be suspended and that the first constitutional reading of the titles be dispensed with.
[Unknown]
Thank you, Senator. The question is shall the rules be suspended and the first reading of the titles of Senate bills on the uncontested and regular calendars, pages 10 through 13, Senate bill 796 through Senate bill 1055, be dispensed with. All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
Tommy Norment
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The reading of the titles is dispensed with. The Senator from James city county.
[Unknown]
Mr. President, I now move that all the bills be passed bye for the day, sir.
[Unknown]
Thank you, Senator. The question is shall the Senate bills on the uncontested and regular calendars now on second reading go bye for the day. All in favor of the motion will say aye. Those opposed, no. The ayes have it. The bills will go bye for the day. The Senator from James city county, Senator Norment .
Tommy Norment
Mr. President, inquiry of the clerk, does that complete today's calendar?
[Unknown]
Yes, sir.
Tommy Norment
Is there any other business to come before the Senate ? The Senator from Augusta, Senator Hanger .
Emmett Hanger
Thank you, Mr. President. I'd like to make an announcement relative to the budget.
[Unknown]
The Senator has the floor.
Emmett Hanger
Thank you, Mr. President. Mr. President, members of the Senate, as you look on your desk there, you should see a file folder that has the budget amendments that you requested. Of course, if you didn't request any, you won't have that file fold yes, but I expect most of you have a stack of requested amendments there. As time permits this afternoon, I 'd like for you to review those. If there are any corrections that need to be played to those, you can approach someone of the Senate finance staff by 5:00 p.M. Today and they will try to help you with those corrections. If you find them in order, the Senate finance committee will be meeting Thursday afternoon at 4:00 p.M. To hear members proposed amendments to the budget with priority given to non-members, so those of you who would like to speak to your amendments, make sure we have them in proper order and before the committee as you speak to them on Thursday. Thank you, Mr. President.
[Unknown]
Yes, sir. Thank you, Senator. The clerk will please report any announcements on the desk.
[Unknown]
Today, January 17, 2017, the education and health subcommittee on higher education will not meet today. The squhet on higher education will not neat. The committee on local government will meet one half hour after adjournment in Senate bill room b. The finance committee on education will meet at 3:30 p.M., tenth floor conference room, senators Norment, Newman, Howell, Saslaw, Hanger, Ruff, and Dunnavant. The committee on privileges and elections will meet at 4:00 p.M., Senate room a. The education and health subcommittee on health will meet at 4:00 p.M., third floor east conference room, senators Cosgrove, Black, Barker, Lewis and Suetterlein. Tomorrow, Wednesday, January 18th, 2017, the finance subcommittee on public safety will meet at 7:30 a.M., tenth floor conference room. Senators McDougle, Howell, Norment, Lucas, Carrico, and Obenshain. The women's legislative roundtable will meet at 8:30 a.M., fourth floor east conference room. The committee on finance will meet at 9:00 a.M., Senate room b. The general laws and technology subcommittee number one will meet at 9:00 a.M., third floor east conference room, senators Locke, Barker, Black, DeSteph, Surovell, McPike, and Vogel. The republican caucus will meet at 11:15 a.M. In Senate room two and the democratic caucus will meet at 11:30 a.M. In Senate room one.
[Unknown]
Thank you, madam clerk. Just eight -- the Senator from Hanover .
[Unknown]
Mr. President, an announcement. Look to finance subcommittee on public safety May be cancelled because of a sick member of our staff and rescheduled for a later date. We'll know later this afternoon.
[Unknown]
Thank you, Senator. And another particular tare course ses by on the floor of a Senate, we refer to them where they're from, not by name, so just keep that na 90s as we move forward through the session. The Senator from Bedford, Senator Newman .
Steve Newman
I'm sorry, I have one more announcement. Tomorrow is the day we take the panoramic photograph, so if you'll be here as early as possible to get your desk cleaned off and get your haircut, wear your nice tie. Okay?
[Unknown]
Thank you, madam clerk. The Senator from Bedford, Senator Newman .
Steve Newman
Mr. President, I move that the Senate do now adjourn until 12:00 noon tomorrow.
[Unknown]
The question is shall the Senate stand adjourned until 12:00 noon tomorrow. All in favor of the motion will say aye. Those opposed, no. The ayes have it. The Senate stands adjourned until 12:00 noon tomorrow. Until 12:00 noon tomorrow.