01/18/2017 Senate Proceedings

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Index

SR110—00:00:15
SR112—00:00:22
Sen. Dave Marsden (D-Burke)—00:03
Sen. Amanda Chase (R-Midlothian)—00:04
Sen. Jill Holtzman Vogel (R-Winchester)—00:02
Sen. Louise Lucas (D-Portsmouth)—00:21
Sen. Mark Obenshain (R-Harrisonburg)—00:07
Sen. Bill Stanley (R-Moneta)—01:39
Sen. Scott Surovell (D-Mount Vernon)—01:31
Sen. Frank Ruff (R-Clarksville)—00:00
Sen. Mark Obenshain (R-Harrisonburg)—10:50
Sen. Frank Wagner (R-Virginia Beach)—00:00
Sen. Tommy Norment (R-Williamsburg)—00:02
Sen. Bill Stanley (R-Moneta)—02:55
Sen. Scott Surovell (D-Mount Vernon)—00:00
Sen. Bill Carrico (R-Grayson)—00:03
Sen. Scott Surovell (D-Mount Vernon)—00:00
Sen. Tommy Norment (R-Williamsburg)—08:00
Sen. Mark Obenshain (R-Harrisonburg)—00:03
Sen. Bryce Reeves (R-Spotsylvania)—00:03
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Minutes

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

Prayer offered by The Reverend Dr. John F. Sloop, Spring Hill
Presbyterian Church, Staunton, Virginia,

ROLL CALL OF MEMBERS: quorum present

Motion of Senator Peake dispensed with reading of Journal (37?Y
2?N)

BILLS REPORTED

From Finance: SB 804, 843, 912, 977, 1025

From Local Government: SB 786, 901, 919, 926, 936A, 964S, 1001,
1073A, 1083, 1084, 1134, 1135, 1225

From Privileges and Elections: SB 864, 960, 961, 1104A, 1236,
1254A, 1302S, 1303, 1304

BILLS REREFERRED

From Privileges and Elections: SB 1251 rereferred to
Transportation, 1270 rereferred to Agriculture, Conservation and Natural
Resources, 1272 rereferred to Transportation

Bills presented, ordered printed and referred/joint resutions laid
on Clerks Desk under Senate Rules 11(b), (26)g and HJR 555: see January 19
Senate Calendar

MESSAGE FROM HOUSE: House agreed to HJ 782 (Election of A
Judge of the Court of Appeals of Virginia, Circuit Court Judges, General
District Court Judges, Juvenile and Domestic Relations District Court Judges,
Members of the Judicial Inquiry and Review Commission, A Member of the Virginia
Workers Compensation Commission, and The Auditor of Public Accounts)

Committee Nominations Report agreed to (40?Y 0?N)

HJ 782 - Rules suspended, taken up for immediate consideration (39?Y
0?N), readings waived, agreed to (40?Y 0?N), House informed

Joint order pursuant to HJ 782

SR 109, 110, 111, 112, and 113 offered by Senator Obenshain

SR 109 - Rules suspended, committee discharged, readings waived,
taken up for immediate consideration (40?Y 0?N), engrossed, agreed
to (voice vote)

SR 110 - Rules suspended, committee discharged, readings waived,
taken up for immediate consideration (40?Y 0?N), engrossed, agreed
to (voice vote)

SR 111 - Rules suspended, committee discharged, readings waived, taken
up for immediate consideration (40?Y 0?N), engrossed, agreed to
(voice vote)

SR 112 - Rules suspended, committee discharged, readings waived,
taken up for immediate consideration (40?Y 0?N), engrossed, agreed
to (voice vote)

SR 113 - Rules suspended, committee discharged, readings waived,
taken up for immediate consideration (40?Y 0?N), engrossed, agreed
to (voice vote)

SR 114 offered by Senator Wagner

SR 114 - Rules suspended, committee discharged, readings waived, taken
up for immediate consideration (40?Y 0?N), engrossed, agreed to
(voice vote)

SR 115 offered by Senator Vogel

SR 115 - Rules suspended, committee discharged, readings waived,
taken up for immediate consideration (40?Y 0?N), engrossed, agreed
to (voice vote)

House informed that nominations have been made pursuant to HJ 782

MESSAGE FROM HOUSE: Nominations have been made pursuant to
HJ 782 (Election of A Judge of the Court of Appeals of Virginia, Circuit Court
Judges, General District Court Judges, Juvenile and Domestic Relations District
Court Judges, Members of the Judicial Inquiry and Review Commission, A Member
of the Virginia Workers Compensation Commission, and The Auditor of Public
Accounts)

ELECTION OF A JUDGE OF THE COURT OF APPEALS OF VIRGINIA, CIRCUIT
COURT JUDGES, GENERAL DISTRICT COURT JUDGES, JUVENILE AND DOMESTIC RELATIONS
DISTRICT COURT JUDGES, MEMBERS OF THE JUDICIAL INQUIRY AND REVIEW COMMISSION, A
MEMBER OF THE VIRGINIA WORKERS COMPENSATION COMMISSION, AND THE AUDITOR OF
PUBLIC ACCOUNTS

 A Judge of the Court of Appeals of Virginia (39?Y 0?N)

 Circuit Court Judges (39?Y 0?N)

 General District Court Judges (39?Y 0?N)

 Juvenile and Domestic Relations District Court Judges (40?Y
0?N)

 Members of the Judicial Inquiry and Review Commission (40?Y
0?N)

 A Member of the Virginia Workers Compensation Commission (40?Y
0?N)

 The Auditor of Public Accounts (40?Y 0?N)

 Reading of report waived (39?Y 1?N)

CALENDAR

UNCONTESTED CALENDAR

SENATE BILLS ON THIRD READING

SB 852 - Read third time and passed Senate block vote (40-Y 0-N)

SB 856 - Read third time and passed Senate block vote (40-Y 0-N)

SB 910 - Read third time and passed Senate block vote (40-Y 0-N)

SB 941 - Read third time and passed Senate block vote (40-Y 0-N)

SB 968 - Read third time and passed Senate block vote (40-Y 0-N)

SB 1122 - Read third time and passed Senate block vote (40-Y 0-N)

SB 1164 - Read third time and passed Senate block vote (40-Y 0-N)

SB 909 - Out of block, Read third time and passed Senate (34-Y 6-N)

SB 911 - Out of block, Read third time and passed Senate (33-Y
6-N), Reconsideration of passage agreed to by Senate (40-Y 0-N), Passed Senate
(34-Y 6-N)

REGULAR CALENDAR

SENATE BILLS ON THIRD READING

SB 981 - Engrossment reconsidered by Senate (40-Y 0-N), Stanley floor
amendment agreed to (voice vote), Engrossed by Senate (voice vote), Rules
suspended, third constitutional reading dispensed (40-Y 0-N), Passed Senate
(40-Y 0-N)

SB 899 - Read third time and passed Senate (38-Y 2-N)

SB 906 - Read third time and passed Senate (38-Y 2-N)

SB 948 - Read third time and passed Senate (32-Y 8-N)

SB 1196 - Read third time and passed Senate (33-Y 6-N),
Reconsideration of passage agreed to by Senate (40-Y 0-N), Passed Senate (33-Y
7-N)

UNCONTESTED CALENDAR

SENATE BILLS ON SECOND READING

SB 796 - Read second time, Engrossed by Senate block vote (voice
vote)

SB 817 - Read second time, Engrossed by Senate block vote (voice
vote)

SB 867 - Read second time, Engrossed by Senate block vote (voice
vote)

SB 874 - Read second time, Engrossed by Senate block vote (voice
vote)

SB 903 - Read second time, Engrossed by Senate block vote (voice
vote)

SB 913 - Read second time, Engrossed by Senate block vote (voice
vote)

SB 935 - Read second time, Committee substitute agreed to (voice
vote), Engrossed by Senate block vote (voice vote)

SB 1068 - Read second time, Committee substitute agreed to (voice
vote), Engrossed by Senate block vote (voice vote)

REGULAR CALENDAR

SENATE BILLS ON SECOND READING

SB 898 - Passed by for day

SB 870 - Read second time, Engrossed by Senate (voice vote)

SB 879 - Read second time, Committee amendments agreed to (voice
vote), Engrossed by Senate (voice vote)

SB 1055 - Read second time, Engrossed by Senate (voice vote)

UNCONTESTED CALENDAR

SENATE BILLS ON FIRST READING

SB 873 - Rules suspended, constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

SB 891 - Rules suspended, constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

SB 896 - Rules suspended, constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

SB 905 - Rules suspended, constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

SB 988 - Rules suspended, constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

SB 989 - Rules suspended, constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

SB 994 - Rules suspended, constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

SB 1003 - Rules suspended, constitutional reading dispensed block vote
(38-Y 0-N), Passed by for day

SB 1037 - Rules suspended, constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

SB 1042 - Rules suspended, constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

SB 1113 - Rules suspended, constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

SB 1237 - Rules suspended, constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

REGULAR CALENDAR

SENATE BILL ON FIRST READING

SB 1126 - Rules suspended, constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

SJ 317 - Rules suspended, taken up for immediate consideration (40?Y
0?N), Agreed to by Senate

On motion of Senator Newman, the Senate adjourned at 1:56 p.m. to
convene Wednesday, January 19, 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]
Ayes 37, nos 2. Ayes 37, nos 2. The reading of the journal is waived. The clerk will report any communications from the House of delegates.
[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.
[Unknown]
I radio for it is an introduction.
[Unknown]
The Senator has the floor.
[Unknown]
It is my flurry to introduce hard-working young people from Wise street, the Virginia foundation for healthy youth, award-winning youth led volunteer group. They're here today to help promote Virginia 's healthy youth day when they're celebritying on Friday. I hope they're not looking for healthy youth in here, but as a member of the board of trustees, I 'm proud to welcome the high school students who volunteer their time across Virginia working on projects to improve the health of all virginians. They empower Virginia 's youth to make healthy choices by promoting healthy, active, nutritious and tobacco-free living. Established by a resolution of the Virginia general assembly, the youth healthy day -- the number is down more than 70% that 15 years ago, well below the national average. That's due in large part to the effort of the Virginia organization for healthy youth. I'd ask they be given the warm welcome of the Senate .
[Unknown]
I will, thank you, Senator. Would members from the Wise street youth and also members from the Virginia foundation for healthy youth please rise. Thank you for being with us this afternoon. I used to be on your board and what great work you all are doing and just the work that Senator Marsden just reviewed of what we've done to decrease the number of youth using cigarettes products and also fighting the obesity on problem. Thank you for being here today and advocating for healthy youth. I'd ask the members of the Senate to please join me in offering members from the Wise street youth-led group and the Virginia foundation for healthy youth the warm welcome of the [ applause ] Senate .
[Unknown]
The Senator from Chesterfield, Senator Chase .
Amanda Chase
Thank you, Mr. President. I'd like to rise for the purposes of an introduction.
[Unknown]
The Senator has the floor.
Amanda Chase
Today I 'd like to introduce cassandra Carr of the american legion auxiliary unit one with her sons xavier and kylen along with jalen Lee and aaron bowman of the sons of american legion squadron 99, and I would also like to add to that that cassandra Carr greeted me, she also works for the post office in my area and when I was running for office, one of the friendliest people I have ever met in the post office and did a great job helping me to pick out my lucky winning number post office box, which she said many people had won using that number, so I took her advice and I just want for the record that that's the reason I won my election.
[Unknown]
And what number is that so we know?
[Unknown]
11. That's right, I might have listeners. I might have opposition. But thank you.
[Unknown]
Thank you, Senator. Would members from the american legion auxiliary unit one please rise. Thank you so much for being with us this morning and helping the youth and helping them get pointed in the right direction, and hopefully some day you'll be able to serve our country, so we appreciate that. Thanks for your work at the post office and for helping the good Senator with the good luck. I'd ask the members of the science to please join me in offering members from the american legion auxiliary unit one the warm welcome of the Senate. [ applause ]
[Unknown]
The Senator from Fauquier, Senator Vogel .
Jill Holtzman Vogel
Thank you, Mr. President. I rise for an introduction.
[Unknown]
The Senator has the floor.
Jill Holtzman Vogel
I would like to direct your attention in the gallery to two guests that are here this morning visiting the capitol. The first one is commander brian scannan, the commander of the american legion post number 247 in remington. He is also here with stephanie reiber, also a member of the remington post and I 've had the great fortune to visit with them on several occasions and they do great work and I just would like to ask the members of the body to please extend to them the very warm welcome of the Senate and thank them for their wonderful civic service. Thank you.
[Unknown]
Thank you, Senator. With stephanie and brian please rise. Thank you all for being here today and we have a lot of veterans in our Senate body, and actually I 'm a member of american legion post 35 back in ocean view, back in Norfolk, Virginia, so if you're ever in the area, please stop by and say hi to us and thanks for all you do to advocate and take care of our great veterans across the commonwealth. I would ask the members of the Senate to please join me in offering the members from remington american legion post 247 the warm welcome of the Senate. [ applause ] the Senator from Portsmouth, Senator Lucas .
Louise Lucas
Thank you, Mr. President. I'd like to direct your attention to the gallery, Mr. President, I have two introductions today.
[Unknown]
The Senator has the floor.
Louise Lucas
We have visiting with us correctional officers from a number of facilities around Virginia. They're here to meet and talk with their legislators concerning safety issues and working conditions in our state correctional centers. These officers work in the baskerville correctional center, deep meadow, deerfield, indian creek, Greensville, pow what hand reception center, and Sussex one and Sussex two state prisons. I'd like for you to give my first group the warm welcome of the Senate .
[Unknown]
I will. Thank you, Senator. Would members from the correctional officers from the Virginia department of corrections please rise if you're with us. Thank you all for being here today and thanks for the great work that you do across the commonwealth and really in helping to keep our streets safe for us, so we appreciate that. I'd ask the members of the Senate to please join me in offering other correctional officers from the Virginia department of corrections the warm welcome of the Senate. [ applause ] the Senator from Portsmouth, Senator Lucas .
Louise Lucas
Thank you, Mr. President. Mr. President, it is with heartfelt condolences that I offer to the family of jamichael mitchell. We have seated in the gallery with his mother, sonia, and their family, members of the Portsmouth branch naacp. As you know,ermichael was a young man who suffered the horrific death in the Hampton roads regional jail because of a lack of training and sensitivity and just compassion on the part of people who work there, and they're here today, Mr. President, to observe a number of bills that have been introduced for in-patient psychiatric hospital admissions for defendants found incompetent. In particular today, as we had the press conference, they heard just excerpts from Senate bill 935 which refers to in-patient hospital admissions for defendants found incompetent and remove the prohibition on inpatient psychiatric hospital admissions for deft dances already ordered to receive treatment to restore their competency to stand trial. So, Mr. President, it is with deep humility that I offer my humility, my condolences to the family, and ask that you would extend to the jermichael mitchell family and friends the warm warm welcome of the Senate .
[Unknown]
Thank you, Senator. Would members of the family of jermichael mitchell family and members of the naacp please rise. Thank you for being here today and on behalf of the Senate we offer our condolences for your loss. I know that's difficult and we freshes you being here today to see how laws are made and advocate for those that need our help. Thank you and we wish you well. I ask the members of the Senate to please join me in offering members of the jermichael mitchell family and members of the naacp the warm welcome of the Senate. [ applause ] the Senator from Rockingham, Senator Obenshain .
Mark Obenshain
Mr. President, I rise for an introduction.
[Unknown]
The Senator has the floor.
Mark Obenshain
Mr. President, I would request that you extend the gratitude of the Senate to our preacher who led us off in prayer today. John sloop is an old friend of mine. John was senior pastor at first presbyterian church in Harrisonburg. He was my across-the-street neighbor for a number of years. A couple of years ago, he retired from his position as senior pastor at first presbyterian church and has taken to calling himself my former spiritual advisory. I want to know when he quit being my spiritually advisor, but he still is a good friend even if he is my former spiritual advisor. He is accompanied in the gallery by his two grandsons, ben and john kelte. I would be grateful if you would extend my gratitude and gratitude of the body and warm welcome of the Senate to john sloop and ben and john kelte.
[Unknown]
I'll. Thank you, Senator. Would Reverend sloop and john and ben kelte please rise. What great-looking grandchildren you have, very handsome, so we're flad you're here today and -- glad you're here today and Reverend sloop, thank you very much for helping us get off on the right foot. To john and ben, if you look around, you have young folks helping us on the floor of the Senate. They're called pages and so when you're just a little bit older, I want you all to apply to be panels in the Senate. It's a great job and we highly recommend it. We look forward to having you. Thanks for being here and again, Reverend sloop, thank you to being here and saefrs travels to I 'd ask the members of the you. Senate to join me in offering receive wren sloop, john and ben the warm welcome of the Senate. [ applause ] the Senator from Franklin, Senator Stanley .
Bill Stanley
Good afternoon, Mr. President.
[Unknown]
Good afternoon, sir.
Bill Stanley
I rise for the purposes of two introductions.
[Unknown]
The Senator has the floor.
[Unknown]
Burst I 'd like to welcome great friends from Franklin County with us this day in the capitol advocating for the wonderful natural resource we have called Smith mountain lake. It is not only one of the most beautiful lakes, but it has everything that you ever want to if you're on vacation, we want offer. You to come there and our slowing again has been it's closer than you think. I'd encourage everybody here in the audience and the Senate chambers to visit the Smith mountain lake if you haven't already done so. We have our guests today from the Smith mountain lake chamber, barb, stephen, adam, rochelle, and our executive director, a hero of mine and a great friend and who does such great work but is always in my heart and prayers, vicky gardner. So if you would, I 'd appreciate if you would wish and send in them the warm welcome of the Senate .
[Unknown]
Thank you, Senator. Would members from the Smith mountain lake regional chaem ber of commerce please rise. Welcome today and we appreciate you being here, and just as the Senator said, Smith mountain lake is a beautiful area and we appreciate what you do, and certainly helps people in Virginia enjoy and also tourists that come to Virginia, I know, are always happy to be there. So thanks for being here today and I would ask the members of the Senate to please offer the round of applause for Ms. Vicky gardner. Welcome. [ applause ] the Senator from Franklin, Senator Stanley .
Bill Stanley
Thank you, Mr. President. My second introduction involves people that we see from our hometown that do such great work for us day in and day out. Thanklessly, but with a dedication and spirit that is unmatched in any other industry. Joining us today in the gallery are representatives of Virginia 's local hospitals and health systems, which serve communities throughout the commonwealth. Local Virginia hospitals are members of the Virginia hospital and healthcare association, the vhha, an alliance of 107 hospitals representing 30 member health systems across our great commonwealth. Virginia's local hospitals and health systems are major economic engines for the commonwealth, directly employed over 115,000 people in good-paying jobs and generating, Mr. President, over $36 billion in positive economic activity. They're visiting the capitol today in support of healthcare policies that benefit all of var. I present bonnie, lori, leanne, allison and andy and would ask of you that you extend to them the warm welcome of the Senate .
[Unknown]
Thank you, Senator. Would members of vhha please rise. Thanks for being here this I met with some of you last afternoon. Evening and had a great evening and it's always good for you to come to the capitol and let us know what's going on with the hospitals and we certainly want to make sure that all virginians have access to affordable and quality healthcare. So we appreciate you doing all you do for Virginia and all you do for our patients around the commonwealth. I'd ask the members of the Senate to please join me in offering members from vhha the warm welcome of the Senate. [ applause ] the Senator from eastern Fairfax County, Senator Surovell .
Scott Surovell
Thank you, Mr. President. I rise for two introductions.
[Unknown]
The Senator has the floor.
Scott Surovell
Thank you, Mr. President. Ladies and gentlemen of the Senate, we have today at latino advocacy day here in the general assembly and with us we have two groups rn the first of which I 'm going to introduce is casa Virginia. Casa was created about -- in Virginia in February 2013 to advocate on behalf of the immigrant community in Virginia. Since opening, they now have 120 leaders across the state in 12 cities. They have a moib of over 2500 people in Virginia. They host leadership meetings, grassroots training, legal services, help people with citizenship, nationalization, health and safety classes and they're a wonderful organization helping a lot of people in Virginia. They need our support and help, and Mr. President, I 'd ask you to give them the greetings of the Senate .
[Unknown]
Thank you, Senator. Would members from casa please rise. Good afternoon and thank you all so much for being with us today. Welcome to Mr. Jefferson's capitol and thanks for advocating for what's important we appreciate you being here to you. Today. I'd ask the members of the Senate to please join me in offering members of casa the warm welcome of the Senate. [ applause ] the Senator from eastern Fairfax County, Senator Surovell .
Scott Surovell
Thank you, Mr. President. If you could likewise -- I would like to introduce an organization called the Virginia coalition of latino organizations, otherwise known as vcla. It was founded back in 2002 and they represent a coalition of latino organizations all across the commonwealth of Virginia zoo doing a lot of same -- -- Virginia doing a lot of same you'll see them present today to talk about a lot of issues. They're focused on healthcare reform, driver's license, other things, and give them the warm welcome of the Senate .
[Unknown]
Would members from vcla please rise. Thank you as well for being here today. We hope you have an enjoyable and a tremendous amount of history in Mr. Jefferson's koptz, so appreciate you being here and safe travels to all of you. I would ask the Senate to please join me in welcoming them to the Senate of Virginia. [ applause ] sergeant-at-arms.
Scott Surovell
A message from the House .
[Unknown]
Please refer its.
Bill Howell
The gentleman from Richmond, Delegate Loupassi .
[Unknown]
Welcome, Delegate Loupassi. [ inaudible comments ]
[Unknown]
Thank you, Delegate. The desk will receive it. Today we're pleased to have members from the model general assembly. It's a great program that we have each spring in Virginia, and so I wanted to recognize our officers who are in the gallery with us today, but could members of the model general assembly please rise and I 'd like to introduce you. We have the youth governor, mark johnston, who's from Radford high school. Congratulations to you. The lieutenant governor, elijah arquette from east side high school. Welcome. Attorney general zach lingell from broadwater academy. Thank you for being here. Over on the eastern shore, right? There you go. House speaker, wasam mustafa, wakefield high school, welcome. And House speaker pro tem aaron clayus, h.B. Woodlawn high school. We have the Senate president pro tem si sara from arcadia high school, and sharon davies, Virginia ymca. We have several members who are senators. Senator monty Mason from Williamsburg was the lieutenant governor when he was in the model general assembly and look where he is now. Senator lynwood Lewis from Accomack County was the speaker pro tem back in his day in the model general assembly. We have Senator Vogel from Fauquier County, who was a member of the model general assembly, and a famous story, actually ran for attorney general and I believe the silver medal that year was given to you for that. And then I was the attorney general when I was the -- in the model general assembly, and I ran unopposed, and if I would give you the recommendation, that's the best way to run for office. So anyway, we were successful. But anyway, it's a great program. Thank you for being with us today and I hope you enjoyed getting around and talking to the various offices, elected officials across the commonwealth, and we wish you the best. I'd ask the members of the assistant to please join me in offering members from the model general assembly the warm welcome of the Senate. [ applause ] [ no audio ] recognizes the Senator from mecklenberg, Senator Ruff. >> Thank you, Mr. President. I have sent to the clerk's desk the committee nomination reports from the state Senate standing committees.
Frank Ruff
Thank you, clerk. The clerk will please read the report.
[Unknown]
2011 Senate standing committees. Agriculture conservation and natural resources. Senators Stuart, chair, Hanger, Ruff, Obenshain, peterson, Marsden, Stanley, Black, ib bin, Lewis, chapin, Dance, Suetterlein, Mason and McClellan. Commerce and labor. Senators Wagner, chair. Saslaw, Norment, Newman, Obenshain, Stuart, Stanley, Cosgrove, chapin, Dance, Lucas, McDougle, Black, surt vant and Spruill. Kourpt of justice, senators Obenshain. Saslaw, Norment, Howell, Lucas, Edwards, McDougle, Stuart, Stanley, Reeves, Chafin, Deeds, Sturtevant, Petersen and pique. Education and health senators Newman chair. Saslaw, Lucas, Howell, Locke, Barker, Black, Carrico, Petersen, Cosgrove, Lewis, Dunnavant, Chase, Suetterlein and peek. Finance, senators Norment co-chair, Hanger, Howell, Saslaw, Lucas, Newman, Ruff, Wagner, McDougle, Vogel, Carrico, Obenshain, Barker, Dunnavant, Stuart, and Dance. General laws and technology. Senators Ruff, chair. Locke, Barker, Vogel, Black, Ebbin, Reeves, Wexton, Surovell, DeSteph, McPike, Suetterlein, Dunnavant, Sturtevant, and Mason. Local government. Senator Stanley, chair. Hanger, Marsden, Favola, Lewis, Surovell, DeSteph, Dunnavant, Chase, Sturtevant, McPike, Carrico, and McClellan. Privileges and elections. Senators Vogel, chair. Howell, Deeds, Edwards, Reeves, Ebbin, Chafin, DeSteph, Chase, Ruff, Cosgrove, Dance, Spruill, and peek. Rehabilitation and social services. Senators Reeves, chair. Hanger, Wagner, Locke, McDougle, Black, Favola, Wexton, Chafin, Cosgrove, Surovell, DeSteph, McPike, Spruill and Mason. Transportation. Senators Carrico, chair, Newman, Deeds, Marsden, Favola, Cosgrove, Edwards, Wexton, DeSteph, Chase, Suetterlein, McClellan, and peek. Rules, senators McDougle, chair, Norment, Hanger, Newman, Ruff, Wagner, Obenshain, Vogel, Stuart, Stanley, Carrico, Reeves, Saslaw, Locke, and Howell .
Frank Ruff
Thank you, madam clerk. The Senator from mecklenberg, Senator rough.
[Unknown]
Thank you, Mr. President. I move that the rules be suspended and the committee nomination reporting adon'ted.
Bill Howell
Thank you, Senator. The question is sal the rules be suspended and the report be adopted. All in favor of the deposition of the rort 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 committee nominations report is adopted. The type has come for resolutions, petitions and bills. If we could return to the morning hour just very briefly, the Senator from Fairfax city, Senator Petersen .
Chap Petersen
Mr. President, I rise for an introduction.
[Unknown]
The Senator has the floor.
Chap Petersen
Mr. President, ladies and gentlemen of the Senate, sigh that he a constituent and friend of mine just appeared in the gallery, Ms. Lee, moo lives in Fairfax County by way of korea and very active on the hillary clinton campaign and here visiting us today. And hope we can give owe the warm welcome of the Senate .
[Unknown]
Will Ms. Lee please rise. Appreciate you being here today. I'd ask the members of the Senate to please join me in offering Ms. Lee the warm welcome of the Senate. [ applause ]
[Unknown]
Mr. President.
[Unknown]
Yes, sir, the Senator from Grayson .
[Unknown]
I have a bill I would like to send to the desk.
[Unknown]
Thank you, Senator. We will receive it. The Senator from Rockingham, Senator Obenshain. >> Mr. President, I move that the rules be suspended, that House joint resolution number 782 be taken up for immediate consideration.
Mark Obenshain
Thank you, Senator. The question is shall the rules be suspended and House joint resolution number 7 2i8 be taken up for med consideration. All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 39, nos 0.
Mark Obenshain
Ayes 39, nos 0. The rules are suspended to take up the resolution for immediate the Senator from Rockingham, consideration. Senator Obenshain .
Mark Obenshain
In pre,z I move that the resolution be agreed to.
[Unknown]
Thank you, Senator. The question is shalling reading of the resolution be waived. All in favor of the motion will say aye, those opposed no. The ayes have it. The reading of the resolution is the Senator from Rockingham. Waived.
Mark Obenshain
Mr. President, I now move that the resolution be agreed
Bill Howell
The question is shall the to. Resolution be agreed to. All in favor of agreeing to the resolution 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 resolution is agreed to. The chair directs the Senator from Rockingham, Senator Obenshain, to inform the House of delegates of the action of the Senate. The Senate will stand at ease.
Mark Obenshain
The time for the joint order for certain judicial and other elections has arrived and the Senate on its part is ready to proceed with the execution of House joint resolution number 782. Nominations are now in order for a judge of the court of appeals of Virginia. The Senator from Rockingham, Senator Obenshain .
Mark Obenshain
Mr. President, I move that the rules be suspended, that the committee for courses of justice be discharged from further consideration of the resolution, that the readings of the title be waived, and that Senate resolution number 109 be taken up for immediate consideration.
Mark Obenshain
Thank you, Senator. The question is shall the rules be suspended, the committee for courts of justice be discharged from further consideration of the resolution, the readings of the title be waived and Senate resolution number 109 be taken up for immediate all in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
Mark Obenshain
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The rules are suspended to take up the resolution for immediate consideration. The Senator from Rockingham .
[Unknown]
Mr. President, I move that the resolution be agreed to.
[Unknown]
Thank you, Senator. The question is shall the resolution be agreed to. All in favor of agreeing to the resolution will say aye. Those opposed no. The ayes have it. The resolution is agreed to. Nominations are now in order for judges of the respective circuit courts. The Senator from Rockingham .
[Unknown]
Mr. President, I move that the rules be suspended, that the committee for courts of justice be discharged from further consideration of the resolution, that the readings of the title be waived and that Senate resolution number 110 be taken up for immediate consideration.
[Unknown]
Thank you, Senator. The question is shalling rules be suspended, the committee for courts of justice be discharged from further consideration of the resolution, the readings the title be waived, and Senate resolution number 110 be taken up for immediate consideration. All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Vet 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 rules are suspended to take up the resolution for immediate consideration. The Senator from Rockingham .
[Unknown]
Mr. President, I move that the resolution be agreed to.
[Unknown]
The question is shall the resolution be agreed to. All in favor of agreeing to the resolution will say aye. Those opposed no. The ayes have it. The resolution is agreed to. Nominations are now in order for judges of the respective general district courts. The Senator from Rockingham .
[Unknown]
Mr. President, I move that the rules be suspended, the committee for courts of justice be discharged from further consideration of the resolution, that the readings the title be waived and that Senate resolution number 111 be taken up for immediate consideration.
[Unknown]
Thank you, Senator. The question is shall the rules be suspended, the committee to courts of justice be discharged from further consideration of the resolution, the readings the title be waived, and Senate resolution number 111 be taken up for immediate consideration. All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The rules are suspended to take up the resolution for immediate consideration. The Senator from Rockingham .
[Unknown]
Mr. President, I move that the resolution be agreed to.
[Unknown]
The question is shall the resolution be agreed to. All in favor of agreeing to the resolution will say aye. Those opposed no. The ayes have it. The resolution is agreed to. Nominations are now in order for judges of the respective juvenile and domestic relations district court. The Senator from Rockingham .
[Unknown]
Mr. President, I move that the rules be suspended, the committee for courts of justice, discharged from further consideration of the resolution, the readings of the title be waived and Senate resolution number 112 be taken up for immediate consideration.
[Unknown]
The question is shall the rules be suspended, the come et for courts of just disbe discharged from further consideration of the resolution, the readings the title be waived and Senate resolution number 112 be taken up for all in favor of the motion will consideration. 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. >> Ayes 40, nos 0. The rules are suspended to take up the resolution for immediate consideration. The Senator from Rockingham .
[Unknown]
Mr. President, I move that the resolution be agreed to.
[Unknown]
The question is shall the resolution be agreed to. All in favor of agreeing to the resolution will say aye. Those opposed no. The ayes have it. The resolution is agreed to. Nominations are now in order for members of the judicial inquiry and review commission. The Senator from Rockingham .
[Unknown]
Mr. President, I move the rules be suspended, the committee for courts of justice be discharged from further consideration of the resolution, and that the title be -- reading of the title be waived and Senate resolution number 113 be taken up for immediate consideration.
[Unknown]
Thank you, Senator. The question is shall the rules be suspended, the committee for courts of justice be discharged from further consideration of the resolution, and Senate resolution number 113 be taken up for immediate consideration. All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The rules are suspended to take up the resolution for immediate consideration. The Senator from Rockingham .
[Unknown]
Mr. President, finally, I move that the resolution be agreed to.
[Unknown]
The question is shall the resolution be agreed to. All in favor of the motion will say aye. Those no. The ayes have it. The resolution is agreed to. Nominations are now in order for a member of the Virginia workers' compensation commission. The senior Senator from Virginia beach, Senator Wagner .
Frank Wagner
Mr. President, I move the rules be suspended, the committee on commerce and labor be discharged from further consideration of the resolution, the readings the title be waived and that Senate resolution number 114 be taken up for immediate consideration.
[Unknown]
Thank you, Senator. The question is shall the rules be suspended, the committee on commerce and labor be discharged from further consideration of the resolution, the readings the title be waived, and Senate resolution number 114 be taken up for immediate consideration. All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
Frank Wagner
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The rules are suspended to take up the resolution for immediate consideration. The senior Senator from Virginia beach.
[Unknown]
I move the resolution be agreed to.
[Unknown]
The question is shall the resolution be agreed to. All in favor of agreeing to the resolution will say aye. Those opposed no. The ayes have it. The resolution is agreed to. Nominations are now in order for the auditor of public accounts. The Senator from Fauquier, Senator Vogel .
Jill Holtzman Vogel
Thank you, Mr. President. I move that the rules be suspended, the committee on privileges and elections be discharged from further consideration of the resolution, and Senate resolution number 115 be taken up for immediate consideration.
[Unknown]
Thank you, Senator. The question is shall the rules be suspended, the committee on privileges and elections be discharged from further consideration of the resolution, and Senate resolution number 115 be taken up for immediate consideration. All in favor of the motion will record their votes aye. Those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
Jill Holtzman Vogel
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The rules are suspended to take under the resolution for immediate consideration. The Senator from Fauquier .
[Unknown]
Thank you Mr. Speaker president. I move that the resolution be agreed to.
[Unknown]
The question is shall the resolution be agreed to. All in favor of the motion will say aye. Those opposed no. The ayes have it. The resolution is agreed to. The chair directs the Senator from Rockingham, Senator Obenshain, to inform the House of delegates of the nominations that have been made by the Senate. The Senate will stand at ease. [ gavel banging ] the Senate will come to order. Sergeant-at-arms.
Mark Obenshain
Mr. President, a message from the House .
[Unknown]
Please receive Delegate Loupassi. Welcome.
Mark Obenshain
Mr. President, I 've been directed by the speaker of the House of delegateses to inform the Senate that the House of delegates has made certain nominations pursuant to hjr 782.
[Unknown]
Thank you, Delegate. The desk will receive it. The Senate will stand at ease. Be called. As many as are in favor of the nominee of the Senate as named by Senate resolution number 109 to be a judge of the court of appeals of Virginia will record their votes aye. Those opposed no. The Senate will come to order. Pursuant to the joint order, it is now in order that the rolls 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.
Bill Howell
Ayes 39, nos 0. All in favor of the nominees of the Senate as named by Senate resolution number 110 to be judges of the respective circuit courts will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 39, nos 0.
Bill Howell
Ayes 39, nos 0. All in favor of the nominee are the Senate as famed by Senate resolution number 111 to be judges of the respective general district courts will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 39, nos 0.
Bill Howell
Ayes 39, nos 0. All in favor of the nominees are the Senate as named by Senate resolution number 112 to be judges of the respective juvenile and domestic relations district courts 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.
Bill Howell
Ayes 40, nos 0. As many are in favor of the nominee of the Senate as named by Senate resolution number 113 to be members of the judicial inquiry and review commission 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.
Bill Howell
Ayes 40, nos 0. As many are in favor of the nominee of the Senate as named by Senate resolution number 114 to be a member of the Virginia workers' compensation commission 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.
Bill Howell
Ayes 40, nos 0. As many as are in favor of the nominee of the Senate as named by Senate resolution number 115 to be the auditor of public accounts, who 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 chair appoints senators Chafin, Sturtevant and Deeds the committee on the part of the Senate to count and report the vote of each House in each case. The Senate will stand at ease. Their vote? Joint resolution number 782 will be resumed. The clerk will please read the report of the committee to count the vote.
[Unknown]
The committee has reported as follows. Number of votes necessary to elect. In the House of delegates, 51. In the Senate, 21.
[Unknown]
The Senator from Rockingham, Senator Obenshain .
Mark Obenshain
Mr. President, I move that we waive the reading of the report.
Bill Howell
Thank you, Senator. The question is shall the reading of the report 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.
Mark Obenshain
Ayes 39, nos one.
[Unknown]
Ayes 39, nos one. The reading of the reporting waived. Those named in the report as having received the vote of a majority of the members elected to each House of the general assembly are declared duly elected. A judge of the court of appeals for Virginia, as judges of the respective circuit courts, general district courts, and juvenile and domestic relations district courts, as members of the judicial and inquiry review commission, as a member of the Virginia workers' compensation commission, and as the auditor of public accounts, for the terms that have been set forth. Congratulations. The clerk will please report the calendar. Wednesday, January 18, 2017.
[Unknown]
Senate calendar for uncontested calendar, Senate bills on third reading.
[Unknown]
The Senator from James city county, Senator Norment .
Tommy Norment
Thank you, Mr. President. I move that all the Senate bills on the third reading on the uncontested calendar, which includes all Senate bills on Page 2 through Page 4, including Senate bill 852 through Senate bill 1164, 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, Page 2 through Page 4, Senate bill 852 through Senate bill 1164, 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 852. Senate bill 856. Senate bill 909. Senate bill 910. Senate bill 911. Senate bill 941.
[Unknown]
Excuse me, madam clerk. The senior senior from Richmond, Senator Sturtevant .
[Unknown]
Mr. President, could Senate bill 911 come out of the block, please.
Bill Howell
Without objection, Senate bill 911 will come out of the block.
[Unknown]
Senate bill 968. Senate bill 1122. Senate bill 1164. Senate bill -- sorry.
[Unknown]
Thank you, madam clerk. The question is shall the bills in the block pass. That is, all bills except --
[Unknown]
Mr. President.
[Unknown]
The Senator from southern Chesapeake, Senator Cosgrove .
John Cosgrove
We'll fix that. Mr. President, ski that Senate bill 909 be taken out of the block.
Bill Howell
Without objection, Senate bill 909 will come out of the block. The question is shall the bills in the block pass, that is, all bills except for 909 and 911 on pages 2 and 3. 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.
John Cosgrove
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The bills in the block pass. Returning to Page 2, Senate bill 909, the Senator from Stafford, Senator Stuart .
Richard Stuart
Thank you, Mr. President. Mr. President, I move that Senate bill 909 pass and speaking to that.
[Unknown]
Senator has the floor.
Richard Stuart
Mr. President, Senate bill 909 simply implements the updated calf on the harvest in the Chesapeake bay as a result of the cap being set by the atlantic states marine fisheries commission. We do a scientific sampling which we call a stock assessment every so often. The stock assessment was recently done. The scientists looked at it and this represents the new cap put in place by the atlantic states marine fisheries commission and I ask you all support the bill.
Bill Howell
Thank you, Senator. The question is shall Senate bill 909 all in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 34, nos six.
[Unknown]
Ayes 34, nos six. The bill passes. Moving forward to Page 3, Senate bill 911. The Senator from Stafford, Senator Stuart .
Richard Stuart
Thank you, Mr. President. I move that Senate bill 911 be agreed to and speaking to that.
[Unknown]
Senator has the floor.
Richard Stuart
Mr. President, what this does is it increases the surcharge to well drillers from $40 a permit to $200 in order to clean up these orphan wells, and this is a bill that I carried for dmma, and it was part of a -- I guess I would call it a consensus approach. There was no opposition to the bill. The thought process here is that it's better for the folks who are drilling the wells and making the money off of the wells to pay to have these abandoned wells cleaned up than for the taxpayers of Virginia to have to clean them up, so that's the thought behind the bill. I hope the bill will pass.
Bill Howell
Thank you, Senator pfr. The question is shall Senate bill 911 pass all in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 33, nos 6.
[Unknown]
Ayes 33, nos 6. The bill passes.
[Unknown]
Regular calendar, Senate bills on third reading. Senate bill 981, a bill relating to charity healthcare services, liability protection for administrators.
[Unknown]
The Senator from Franklin County, Senator Stanley .
Bill Stanley
Thank you, Mr. President. Having voted on the prevailing side, I now move to reconsider the vote by which the bill was ordered to be engrossed and sir. Advanced to its third reading,
Bill Howell
Thank you, Senator. The question is shall the vote by which the bill was ordered to be gross gros be reconsidered. All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
Bill Stanley
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The motion is agreed to. The Senator from Franklin .
[Unknown]
Thank you, Mr. President. There is a floor amendment now which is in everyone's possession and based on that, I now move that we waive the reading of that floor amendment, sir.
[Unknown]
Thank you, Senator. The question is shall the reading of the floor amendment be waived. All in favor of the motion will say aye. Those hoefd no. The ayes have it. The reading of the floor amendment is waived. The Senator from Franklin County .
[Unknown]
Now I move that the floor amendment be agreed to and speaking to that motion.
[Unknown]
The Senator has the floor.
[Unknown]
Thank you Mr. Speaker president. Members of the Senate, we were here a little while ago on this bill on third reading and there were questions that had arisen with regard to whom the liability would extend and whether it be a broad liability or a limited liability. Basically just to run through it, this basically extended those people that put on charitable health clinics, those people and also organizations, that they would also be immune from liability unless it was gross negligence or willful misconduct. The amendment, as you'll notice, simply says -- and it's at line 24 after -- that those persons who arrange, organize, administer, promote such services shall be -- shall not be liable to the patients of clinics described in this section. So basically, it limits the liability on the back side of that and therefore draws it more narrowly based on the concerns that some of my friends might have had with regard on how brod that might be, and so for those reasons, Mr. President, I renew my motion that we agree to the floor amendment.
[Unknown]
Thank you, Senator. The question is shall the floor amendment be agreed to. All in favor of the motion will say aye. Those opposed no. The ayes have it. The floor amendment is agreed to. The Senator from Franklin County .
[Unknown]
I move now that we engrossed and advanced to its third reading.
Bill Howell
The question is shall the bill be engrossed and advanced to its third reading all in favor of the motion will say aye. Those opposed no. The ayes have it. The bill is engrossed and advanced to its third reading the Senator from Franklin .
[Unknown]
Thank you, Mr. President. I now move that we suspend the rules and disfence with the third constitutional reading.
Bill Howell
The question is shall the rules are suspended and the third constitutional reading be dispensed 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 third constitutional reading is dispensed with and the Senator from Franklin .
[Unknown]
Thank you, Mr. President. Now I move that the -- that Senate bill 981 pass and speaking ever so briefly again to that motion.
[Unknown]
The Senator has the floor.
[Unknown]
Once again, I 'm asking that this bill pass. It provides protection to those that arrange, administer, promote groups or individuals, charitable clinics, provides some immunity for them from anything that right arise except for -- might arise except for gross negligent or willful misconduct that takes place. As we extend that to those who participate, such as pediatric neurologists and other doctors so gracious with their time and helping those let fortunate than themselves and we also should provide that limited protection tho those persons who put on these clinics and for those reasons, I renew my motion that the bill pass, Mr. President.
Bill Howell
Thank you, Senator. The question is shall Senate bill 981 all in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The bill passes.
[Unknown]
Senate bill 899, a bill to seek an exemption from the federal reformulated gasoline program for gasoline sold for farm use.
[Unknown]
The junior Senator from Virginia beach, Senator DeSteph .
Bill DeSteph
Mr. President, thank you very much. Senate bill 899 basically asks that we do ethanol free gas back on farms. Ethanol turns to water, not good for any type of mechanical equipment, so with that, I 'd like to request passage of Senate bill 899.
Bill Howell
Thank you, Senator. The question is shall Senate bill 899 pass. All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
Bill DeSteph
Ayes 38, nos 2.
[Unknown]
Ayes 38, nos 2. The bill passes.
[Unknown]
Senate bill 906, a bill to amend and reenact section 18.2-313.2 of the code of Virginia relating to the introduction of snakehead fish, penalty.
[Unknown]
The Senator from eastern Fairfax County, Senator Surovell .
Scott Surovell
Mr. President, I move the bill pass and speaking to that motion.
[Unknown]
The Senator has the floor.
Scott Surovell
Thank you, Mr. Pez. Ladies and gentlemen of the Senate, this is probably the most important bill you're going to see this session. Takes two words out of a statute and replaces it with two words and it's all about something from the family of ch inedae, otherwise known as snakeheads. If you don't know them, they are big, they get over 14 pounds, they're ugly. They got -- they're slimy and they're real tasty. And the problem is that some folks think they can actually cure illness, and these fish were actually brought over from asia and somehow they made their way into the creeks of the 36th district. We don't know where they came from. We have a strong suspicion, though, that there was probably some hybrid driving, latte sipping, asian fish loving aquarium lover in Alexandria who put it in their sewer. [ laughter ] you know, and because, you know, they don't have a control on that sewer, it just slipped right on into the potomac. [ laughter ] but now, we have all these snakeheads all over the for tomorrow mick river and while it's been a crime to bring that fish from out of state into Virginia, it is not a class one misdemeanor to take that fish and move it to another river within Virginia, and lord knows we wouldn't want one of these fancy asian fish getting into Smith mountain lake. Or the rap honk river. They're already in the Rappahannock river, or in the new river, the Roanoke river. The department of game and inland fisherieses thought we need to make it a class one misdemeanor for somebody to move one of these big, ugly, slimy but tasty fish within the state of Virginia and that's what this massive bill does.
[Unknown]
Mr. President.
[Unknown]
Thank you.
[Unknown]
The Senator from Grayson County, Senator Carrico .
Bill Carrico
The gentlemen yield for a question?
[Unknown]
Would the Senator from eastern Fairfax County yield for a question?
Bill Carrico
I yield.
[Unknown]
He yields, Senator .
[Unknown]
Just a little history of the new river. It flows north. Do you think those fish can swim upstream?
[Unknown]
The Senator from eastern Fairfax County. Stwliled say to the gentlemen these fish have been swimming all up the for tomorrow knack river. They were actually -- for tom they were able to sneak through mick river. The c&o canal and great falls and they can live and breathe air for 48 hours, so they could definitely swim out your way if somebody gets them close to your district.
Bill Howell
Thank you, senators. The question is shall Senate bill 906 record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 38, nos 2.
[Unknown]
Ayes 38, nos 2. The bill passes.
[Unknown]
Senate bill 948, relating to commodity boards, tobacco board.
[Unknown]
The Senator from mecklenberg, Senator rough.
[Unknown]
Thank you, Mr. President. I move that the bill pass and
[Unknown]
The Senator has the floor. Speaking to that.
[Unknown]
Senate bill 948 is before us at the request of the dark tobacco commodity boards which are made up of growers. It could increase their assessment to 40 cents per 100 pounds. That fund is used for encouraging best practices and promotion.
Bill Howell
Thank you, Senator. The question is shall Senate bill 948 record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change the clerk will close the roll. Their vote?
[Unknown]
Ayes 32, nos 8.
[Unknown]
Ayes 32, nos 8. The bill passes.
[Unknown]
Senate bill 1196, an bill relating to James river state scenic river, designation of additional component of Virginia scenic rivers system.
[Unknown]
Senior Senator from Bath County, Senator Deeds .
Creigh Deeds
Thank you, Mr. President. I move the bill pass. This bill simply comes at the request of the rock bridge county board of supervisors, simply designates the James river in rock bridge county a scenic river.
Bill Howell
Thank you, Senator. The question is shall Senate bill 1196 pass. All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
Creigh Deeds
Ayes 33, nos 6.
[Unknown]
Ayes 33, nos 6. The bill passes.
[Unknown]
Uncontested calendar, Senate bills on second reading.
[Unknown]
Mr. President.
[Unknown]
The Senator from Prince William County .
[Unknown]
Having voted in the prevailing side for Senate bill 911, wish to reconsider the manner in which the vote was taken.
Bill Howell
Thank you, Senator. The question is shall the vote by which Senate bill 911 was passed be reconsidered. All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The motion is agreed to. The Senator from Stafford, Senator Stuart .
Richard Stuart
Thank you, Mr. President. Having been -- I 'm sorry. I move the bill pass, having been previously explained.
Bill Howell
Thank you, Senator. The question is shall Senate bill 911 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.
Richard Stuart
Ayes 34, nos 6.
[Unknown]
Ayes 34, nos 6. The bill passes. The Senator from James city county, Senator Norment .
Tommy Norment
Thank you, Mr. President. Returning to Page 6 of the calendar, directing your attention to Senate bill 1196, having voted on the prevailing side by which that bill passed, I 'd ask that we reconsider that in order that every member can vote.
Bill Howell
Thank you, Senator. The question is shall the vote by which Senate bill 1196 was passed be reconsidered. All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
Tommy Norment
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The motion is agreed to. The senior Senator from Bath .
[Unknown]
Thank you, Mr. President. Having previously been explain, I move the bill pass.
Bill Howell
The question is -- thank you, Senator. The question is shall Senate bill 1196 pass. All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 33, nos 7.
[Unknown]
Ayes 33, nos 7. The bill passes.
[Unknown]
Uncontested calendar, Senate bills on second reading.
[Unknown]
The Senator from James city county, Senator Norment .
Tommy Norment
Thank you, Mr. President. I respectfully move all the Senate bills on the second reading on the uncontested calendar, including all Senate bills on Page 7 through Page 9, including Senate bill 796 through Senate bill 1068, 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 on the uncontested calendar on Page 7 through Page 9, Senate bill 796 through Senate bill 1068, 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 all in favor of the motion will the bill. Say aye. Those opposed, no. The ayes have it. The motion is agreed to.
Tommy Norment
Senate bill 769, reported from the committee for courts of justice. Senate bill 817, reported from the committee for courts of justice. Senate bill 867, reported from the committee for courts of justice. Senate bill 874, reporting from the committee for courts of justice. Senate bill 903, reported from the committee for courts of justice. Senate bill 913, reported from the committee for courts of justice. Senate bill 935, reported from the committee for courts of justice with a substitute.
[Unknown]
The Senator from Portsmouth, Senator lacrosse.
[Unknown]
Thank you, Mr. President. I love that the stut be agreed to.
[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 substitute is agreed to. The ayes have it.
[Unknown]
Senate bill 1068, reported from the committee for courts of justice with a substitute.
[Unknown]
The senior Senator from Bath, Senator Deeds .
Creigh Deeds
Mr. President, I move that the committee -- that the substitute be agreed to.
[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 question is -- wake up. Shall the Senate bills be engrossed and advanced to their third reading. 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.
Creigh Deeds
Regular calendar, Senate bills on second reading. Senate bill 898, a bill to direct compliance with regulations of certain combined sewer overflow outfalls, potomac river watershed.
[Unknown]
Mr. President I -- sore.
[Unknown]
Go ahead.
[Unknown]
May that go bye for one more day.
Bill Howell
Without objection, Senate bill 898 will go bye for the day.
[Unknown]
Senate bill 870, a bill relating to the electronic filing of land records, fee for paper filing. Reported from the committee for courts of justice.
[Unknown]
The Senator from Stafford, Senator Stuart .
Richard Stuart
Mr. President, I move the amendments agreed to.
[Unknown]
We're going to engross and advance it.
Richard Stuart
I apologize. I was talking and not paying attention.
[Unknown]
You and I are on the same wave lengths. I move that the bill be engrossed and advanced to its third reading
Bill Howell
The question is shall the bill be engrossed and advanced to its third reading. All in favor of the motion will say aye. Those opposed, no. The ayes have it. The bill is engrossed and advanced to its third reading.
[Unknown]
Senate bill 879, a bill relating to retired circuit court judges under recall, qualification by committees for courts of justice. Reported from the committee for courts of justice with amendments.
[Unknown]
The Senator from Stafford, Senator Stuart .
Richard Stuart
Thank you, Mr. President. I move that the committee amendments be agreed to.
[Unknown]
The question is shall the amendments be agreed to. All in favor of the motion will say aye. Those opposed no. The ayes have it. The amendments are agreed to. The Senator from Stafford .
Richard Stuart
I move that the bill be engrossed and advanced to its third reading.
Bill Howell
The question is shall the bill be engrossed and advanced to its third reading. All in favor of the motion will say aye. Those opposed, no. The ayes have it. The bill is engrossed and advanced to its third reading.
[Unknown]
Senate bill 1055, a bill relating to remaining at place of riot or unlawful assembly after warning to disperse, penalty. Reported from the committee for courts of justice.
[Unknown]
The Senator from Stafford, Senator Stuart .
Richard Stuart
Thank you Mr. Speaker president. I was paying attention this time. I move that the bill be engrossed and advanced to its third reading
Bill Howell
The question is shall the bill be engrossed and advanced to its third reading. All in favor of the motion will say aye. Those opposed, no. The ayes have it. The bill is engrossed and advanced to its third reading.
Richard Stuart
Uncontested calendar, Senate bills on first reading.
[Unknown]
The Senator from James city county, Senator Norment .
Tommy Norment
Mr. President, I now respectfully move that all the Senate bills on the first reading on both the uncontested and regular calendar, including all Senate bills on Page 11 through Page 14, including bill 1126, that the rules of Senate bill 873 through Senate 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, Page 11 through Page 14, Senate bill 873 through Senate bill 1126, 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
Yaes 38, nos 0.
[Unknown]
Ayes --
[Unknown]
Mr. President.
[Unknown]
Yes, the senior Senator from Virginia beach, Senator Wagner .
Frank Wagner
I just want to say, having voted on the prevailing side by which we -- I 'll led you go ahead.
[Unknown]
We have larry and moe up here today. There were 38 ayes?
Frank Wagner
Do the recorded vote.
[Unknown]
38 ayes, no niys. The reading the taitle is dispensed with. The Senator from James city county. Senator Norment .
Tommy Norment
Mr. President, I now move that all the bills be passed bye for the day, sir.
[Unknown]
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, ladies and gentlemen of the Senate, originally I was just going to share with this our newly elected members who May have migrated from the House, but I see that I have larry and noe in front of me here today, so I -- [ laughter ]
[Unknown]
I just thought I would remind everyone, under the rules of the Senate, that if in fact you are in your desk, then you are required to vote. So if you are seated a the your desk on the floor of the Senate, you either vote or rule 36 if it's appropriate. If you choose not to vote, there are other opportunities available for you that are not on the floor of the Senate. Thank you, Mr. President.
Tommy Norment
Thank you, Senator .
[Unknown]
Mr. President, inquiry of the clerk, does that complete today's calendar?
[Unknown]
I think so.
[Unknown]
Mr. President, Mr. President. Could we return to the morning hour?
[Unknown]
Senator, if I could -- we have a resolution that's going to be taken up and I will come back to you, so I 'd like to recognize the junior Senator from Richmond city, Senator McClellan .
Jennifer McClellan
Thank you, Mr. Speaker -- Mr. President. I move that the rules be suspended and Senate joint resolution 317 be taken up for immediate consideration.
Bill Howell
Thank you, Senator. The question is shall the rules be suspended and Senate joint resolution 317 be taken up for need consideration. 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.
Jennifer McClellan
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The rules are suspended to take up the resolution for immediate consideration. The clerk will please read the title of the resolution.
[Unknown]
Senate jietion number 317, celebrating the life of clarence l. Town also es, jr.
[Unknown]
Thank you, madam clerk. All those in favor of agreeing to the memorial resolution will please rise. [ gavel banging ] the resolution is agreed to. The Senator from Roanoke city, returning to the morning hour, Senator Edwards .
[Unknown]
Mr. President, I call your attention to the gallery. We have from the Roanoke area two distinguished optometristsing friends of mine, Dr. Joe blackstock and Dr. David Armstrong. I ask you to give them the very warm welcome of the Senate .
[Unknown]
Thank you, Senator. Would doctors blackstock and around strong please rise. Thanks for being with us and thanks for visiting from the star city and hope you have a great visit in Mr. Jefferson's capitol. I ask the members of the Senate to please join me in offering Dr. Joe blackstock and Dr. David Armstrong the warm welcome of the Senate. [ applause ] the Senator from Rockingham, Senator Obenshain .
Mark Obenshain
Mr. President, I rise for a pernt of personal privilege.
[Unknown]
The Senator has the floor.
Mark Obenshain
Mr. President, I will just speak briefly on this, but there's an item in the news today that I think is worthy of all of our attention, particularly as we struggle with ways to meet our obligations within the constraints imposed by our budget. We have state troopers around the commonwealth who are having trouble filling their academy classes. We are losing a disturbing number of state troopers every month as a result of attrition and our inability to pay competitive salaries with other we have teachers and sheriff's agencies. Deputies who are struggling to make ends meet. We're talking about this year the governor's proposal to give not a raise, but a 1.5% one-time bonus to these hard-working employees. In today's news, there's a story about a federal forfeiture. Virginia, you May recall, received about $100 million in the Abbott laboratories settlement, and that was a joint effort with other states, other agencies and federal government, and you May be aware that -- or May not. I wasn't aware, but there are rules in these multi-agency forfeiture cases that the forfeiture cases that the federal government has imposed that prohibits the use of these forfeiture funds for certain purposes, particularly for salaries and for raises. This settlement came to Virginia and shouldn't be used for raises or for salaries for particularly these executive agencies. They ought to be used for our government operations and for purposes that allow us to meet these other obligations. I want to tell you that the united states department of justice apparently did a power point presentation for our attorney general's office explaining to our attorney general's office how those rules could be circumvented, expressly for that purpose of circumventing those rules. And this news item report that the attorney general's office following the advice provided by the united states department of justice circumvented those rules for the purposes of providing senior staff and others within the attorney general's office raises, not state troopers, not teachers, not sheriff's deputies, and it wasn't 1.5%. It wasn't $500, which would be what a -- somebody making a working person's salary would paik. There were 64 attorneys and I talked a number of years ago, it's hard for lawyers to complain about being underpaid, but these 64 attorneys within the attorney general's office received raises, the median raise, median raise for these 64 attorneys, $7,000. $7,000. One attorney received a 30% raise. One received a $15,000 raise. Mr. President, as we try to struggle to meet our obligations, I think we need to do better than that, and executive agencies need to participate in this. We need to be dedicating these funds to essential purposes. I don't feel sorry for the lawyers over in the attorney general's office for being underpaid when we have sheriff's deputies who are collecting public benefits in order to be able to feed their families. We need to do better than that. Thank you, Mr. President.
[Unknown]
Thank you, Senator. The Senator from Spotsylvania, Senator Reeves .
Bryce Reeves
Thank you, Mr. Person. I just rise for a brief announcement. Tomorrow is Virginia national guard day on the capitol and I just want to make sure that you all are aware that our national guard recently was deployed, the largest deployment of the 29th infantry since world war ii into theater and they're serving in some very tenuous spots, some we can't even talk about, but if you get a chance tomorrow, I know they're having an event tomorrow night and they have static displays tomorrow. Take the time to go say hello to your Virginia national guard men and women because they truly appreciate those of us who are serving in the general assembly coming by to say hello to them. I just wanted to make that announcement. Thank you, Mr. President.
[Unknown]
Thank you, Senator. Is there any other business to come before the Senate ? The clerk will please report any announcements on the desk.
Bryce Reeves
Today, Wednesday, January 18, the committee for courts of justice will meet 15 minutes after adjournment in Senate room b. [ inaudible comments ] courts will meet a quarter after 2:00 in Senate room b. The committee on transportation will meet 45 minutes after adjournment in Senate room a. The finance subcommittee on transportation will meet at 4:00 p.M., tenth floor conference room, senators Wagner, Saslaw, Newman, Carrico, Barker and Dunnavant. The rural caucus will meet at 5:00 p.M., third floor east conference room. Tomorrow, Thursday, January 19, the finance subcommittee on capital outlay will meet at 8:00 a.M., tenth floor conference room, senators Norment, Saslaw, Ruff, Wagner and McDougle. The Hampton roads caucus will meet at 8:00 a.M., sixth floor speaker's conference room. The committee on education and health will meet at 8:30 a.M., Senate room b. The republican caucus will meet at 11:30 a.M., Senate room 2. The democratic caucus will meet at 11:30 a.M., Senate room 1.
[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. [ gavel banging ] [ gavel banging ]