01/20/2017 Senate Proceedings

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Index

HB285—00:00:40
HB60—00:00:13
HB308—00:00:19
HB286—00:00:20
HB26—00:02:14
HB374—00:00:12
HB285—00:04:48
HB352—00:00:40
HB28—00:02:58
HB342—00:00:12
HB285—00:01:26
HB278—00:00:15
HB376—00:00:40
HB295—00:00:10
HB285—00:08:07
HB56—00:00:12
HB284—00:03:05
Sen. Jill Holtzman Vogel (R-Winchester)—00:00
Sen. Bill Stanley (R-Moneta)—00:05
Sen. Jennifer McClellan (D-Richmond)—00:00
Sen. Barbara Favola (D-Arlington)—00:07
Sen. Tommy Norment (R-Williamsburg)—05:38
Sen. Emmett Hanger (R-Mount Solon)—00:00
Sen. Steve Newman (R-Forest)—00:02
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00:01
00:02
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00:04
00:05
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Minutes

Called to order at 10:00 a.m. by Lt. Governor Ralph S. Northam

Prayer offered by The Reverend Wallace Adams-Riley, St. Pauls
Episcopal Church, Richmond, Virginia

ROLL CALL OF MEMBERS: quorum present

Motion of Senator Barker dispensed with reading of Journal (35?Y
2?N)

COMMUNICATION FROM HOUSE (HN10119): reading waived (35?Y 2?N)

The House of Delegates has passed the following House bills: HB
1394, 1471, 1521, 1538

The House of Delegates has agreed to the following Senate joint
resolution: SJ 317

House bills referred: see January 23 Senate Calendar

BILLS REPORTED

From Agriculture, Conservation and Natural Resources: SB 801S
rereferred to Finance, 1127, 1144A 1145 rereferred to Finance, 1147S rereferred
to Finance, 1204, 1218A rereferred to Finance, 1306S, 1349 rereferred to
Finance

From Rehabilitation and Social Services:

BILLS REREFERRED

From Agriculture, Conservation and Natural Resources: SB 1291
rereferred to General Laws and Technology

Leaves of absence granted: Senators Black and Cosgrove

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

UNCONTESTED CALENDAR

SENATE BILLS ON THIRD READING

SB 873 - Read third time and passed Senate block vote (38-Y 0-N)

SB 891 - Read third time and passed Senate block vote (38-Y 0-N)

SB 896 - Read third time and passed Senate block vote (38-Y 0-N)

SB 905 - Read third time and passed Senate block vote (38-Y 0-N)

SB 988 - Read third time and passed Senate block vote (38-Y 0-N)

SB 989 - Read third time and passed Senate block vote (38-Y 0-N)

SB 994 - Read third time and passed Senate block vote (38-Y 0-N)

SB 1003 - Read third time and passed Senate block vote (38-Y 0-N)

SB 1037 - Read third time and passed Senate block vote (38-Y 0-N)

SB 1042 - Read third time and passed Senate block vote (38-Y 0-N)

SB 1113 - Read third time and passed Senate block vote (38-Y 0-N)

SB 1237 - Read third time and passed Senate block vote (38-Y 0-N)

REGULAR CALENDAR

SENATE BILLS ON THIRD READING

SB 879 - Passed by for day

SB 1055 - Passed by for day

SB 898 - Passed by for day

UNCONTESTED CALENDAR

SENATE BILLS ON SECOND READING

SB 786 - Passed by for day

SB 804 - Passed by for day

SB 843 - Passed by for day

SB 864 - Passed by for day

SB 912 - Passed by for day

SB 919 - Passed by for day

SB 926 - Passed by for day

SB 936 - Passed by for day

SB 960 - Passed by for day

SB 961 - Passed by for day

SB 964 - Passed by for day

SB 977 - Passed by for day

SB 1001 - Passed by for day

SB 1025 - Passed by for day

SB 1083 - Passed by for day

SB 1104 - Passed by for day

SB 1135 - Passed by for day

SB 1225 - Passed by for day

SB 1254 - Passed by for day

SB 1304 - Passed by for day

REGULAR CALENDAR

SENATE BILLS ON SECOND READING

SB 1126 - Passed by for day

SB 901 - Passed by for day

SB 1073 - Passed by for day

SB 1084 - Passed by for day

SB 1134 - Passed by for day

SB 1236 - Passed by for day

SB 1302 - Passed by for day

SB 1303 - Passed by for day

UNCONTESTED CALENDAR

SENATE BILLS ON FIRST READING

SB 855 - Rules suspended, constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

SB 894 - Rules suspended, constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

SB 1006 - Rules suspended, constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

SB 1041 - Rules suspended, constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

SB 1046 - Rules suspended, constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

SB 1069 - Rules suspended, constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

SB 1085 - Rules suspended, constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

SB 1101 - Rules suspended, constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

SB 1169 - Rules suspended, constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

SB 1178 - Rules suspended, constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

SB 1180 - Rules suspended, constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

SB 1211 - Rules suspended, constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

SB 1221 - Rules suspended, constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

SB 1230 - Rules suspended, constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

SB 1242 - Rules suspended, constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

SB 1250 - Rules suspended, constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

SB 1279 - Rules suspended, constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

SB 1323 - Rules suspended, constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

SB 1366 - Rules suspended, constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

REGULAR CALENDAR

SENATE BILLS ON FIRST READING

SB 865 - Rules suspended, constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

SB 1024 - Rules suspended, constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

SB 1027 - Rules suspended, constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

SB 1148 - Rules suspended, constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

SB 1299 - Rules suspended, constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

SB 1362 - Rules suspended, constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

SB 1403 - Rules suspended, constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

SB 1415 - Rules suspended, constitutional reading dispensed block
vote (38-Y 0-N), Passed by for day

UNCONTESTED CALENDAR

SENATE JOINT RESOLUTION ON FIRST READING

SJ 241 - Read first time

On motion of Senator Newman, the Senate adjourned in Memory of
General Thomas J. Stonewall Jackson at 10:24 a.m. to convene Monday, January
23, 2017 at 12 m. and suspended the Rules to allow the Clerk to receive
legislation until 3:00 p.m. Friday, January 20, 2017 (38?Y 0?N).

 

Transcript

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

[Unknown]
The Senate will come to order. The senators will please take their seats. Those persons not entitled to the privileges of the floor will kindly retire to the gallery. The senators and all in attendance will please rise and be led in prayer by the Reverend wallace Adams -riley from st. Paul's episcopal church in Richmond. Reverend Adams riley, thank you for being here.
[Unknown]
Let us pray. Dear God, we thank you for the commonwealth of Virginia and for our elected leaders, especially these, the members of the Senate. May each virginian, we pray, those here in this chamber and virginians across the commonwealth, May we all remember each day and every day that you have given us into one another's care, that we are our brother's keeper, our sister's keeper, that indeed as members of a commonwealth and as children of one father, we are always to work for the common good. We are always to look out for one another, especially the least among us. May your will be done, dear God, this day and each day, by these your servants. In the name of God we pray, amen
Bill Howell
The clerk will please call the roll. All those present will please the clerk will close the roll. Vote aye.
[Unknown]
Clerk: you have a quorum, Mr. President. Senate journal for Thursday, January 19th, 2017.
Bill Howell
The Senator from southern Fairfax County, Senator Barker, moves that the reading of the journal be waived. All in favor of the motion will record their of course 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.
George Barker
Clerk: ayes 35, nos 2.
[Unknown]
The reading of the journal is waived. The clerk will please report any communication from the House of delegates. Senator from James city county.
George Barker
Thankfully, Mr. President, I respectfully move we waive the reading of any communications we receive from the House of delegates.
Bill Howell
The question is shall the reading of the communication be waived? As many as favor that motion, say 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]
Clerk: ayes 35, nos 2.
[Unknown]
The reading of communication is waived. The clerk will please report any communications from the governor.
[Unknown]
Clerk: we do not have any, sir.
[Unknown]
Thank you, madam clerk. The time has come to recognize visitors to the gallery and take up other matters for the morning hour. The Senator from Fauquier County, Senator Vogel .
Jill Holtzman Vogel
Thank you, Mr. President. I rise to ask for a leave of absence for my seat mate, Senator Black, who is away from the capitol on pressing personal business, or as he mentioned yesterday, to help make america great again.
[Unknown]
Yes, Senator. The journal will reflect the Senator from Loudoun County is away from the capitol on pressing personal business. The Senator from Franklin County, Senator Stanley .
Bill Stanley
Thank you, and good morning, Mr. President.
[Unknown]
Morning, sir.
Bill Stanley
I rise for the purposes of an introduction.
[Unknown]
Yes, sir, you have the floor. Will Mr. President, members of the body, up in our gallery today, we have two one of the ladies who despite my seat mate's abilities, character and sometimes struggles with the english language, are loyal and stick by him and love him with all of their hearts. Those two beautiful ladies are up in the gallery today with us they're of course his lovely today. Wife Dr. Robin McDougle and his even lovelier daughter reagan. Mr. President, if you would do me the honor of welcoming them to the Senate, I would most appreciate it.
[Unknown]
Thank you. Would Dr. Mcdougle and your beautiful daughter reagan, please rise. It's great to have you with us this morning, reagan. You're growing up so nicely and so pretty. We appreciate you being here with us to see your daddy do his work today. Hopefully after that, he'll be able to spend some time with you this weekend. I'd ask the members of the Senate to please join me in offering robin and reagan the warm welcome of the Senate. (applause).
[Unknown]
The junior Senator from Richmond city, Senator McClellan .
Jennifer McClellan
Thank you, Mr. President. I rise for the purposes of an introduction.
[Unknown]
Senator has the floor.
Jennifer McClellan
Thank you, Mr. President. This morning, our invocation was offered by the Reverend wallace Adams riley, director of the historic st. Paul's church here in the city of Richmond. I ask that we give him a warm welcome to the Senate .
[Unknown]
Thank you, Senator. Would Reverend wallace Adams -riley please rise. Thank you so much. It's always great to see you. Thank you for doing all the great things you do at the church I know you always open your doors for a lot of different events that we have during session. We appreciate that. Thanks for being here to get us off to a great start. I would ask the members of the Senate to please join me in offering Reverend wallace Adams -riley the warm welcome of the Senate. (applause).
[Unknown]
The Senator from Arlington, Senator Favola .
Barbara Favola
Thank you, Mr. President, I rise for purposes of an introduction.
[Unknown]
Senator has the floor.
Barbara Favola
Thank you. Joining us today is ron keesing. He's accompanied by -- she's one of our pages. She's doing a great job. I just think her family should know that. Also two years ago sena's sister was also a Page, so I ask the Senate to give ron keesing and se in -- sena's family a warm welcome.
[Unknown]
Thank you. Please rise. Thank you all for being with us this morning, and thanks for allowing your daughter to be a Page. As we know, we are very proud of our Page system, and if you know any other children out there that would like to participate in the wonderful program, please send them our way, right, madam thank you. So I would ask the Senate to clerk? Please join me in offering ron keesing and sena the warm welcome of the Senate. (applause).
[Unknown]
The Senator from Russell County, Senator Chafin .
Ben Chafin
Mr. President, I rise for a request.
[Unknown]
Senator has the floor.
Ben Chafin
I ask for a leave of absence for my seat mate, Senator Cosgrove who is away at the federal capitol on pressing personal business.
[Unknown]
Thank you, Senator. The journal will reflect that the senior Senator from Chesapeake is away from the capitol on pressing personal business. Is there any other business for the morning hour? The clerk will please call the calendar.
[Unknown]
Clerk: Senate calendar for Friday, January 20th.
[Unknown]
Senator from James city county, Senator Norment .
Tommy Norment
Thank you, Mr. President, I respectfully move that all the Senate bills on the third reading on the uncontested calendar, which would include all Senate bills on pages 1 through 5, including Senate bill 873 through Senate bill 1237, be placed on their final passage in the block. Any Senator who desires to remove a bill from the block, please do so after the clerk has read the number of that bill.
[Unknown]
Thank you, Senator. The question, is shall the Senate bills on the uncontested calendar third reading, pages 1 through 5, Senate bill 873 through Senate bill 1237, be placed upon their final passage in the block with the understanding that any Senator desiring a bill removed from the block will do so after the clerk has read the number of the bill. All in favor say aye. Those opposed, no. The bills are before the Senate the clerk will please read the block. Number of the bills.
Tommy Norment
Senate bill 873, Senate bill 891, Senate bill 896, Senate bill 905, Senate bill 988, Senate bill 989, Senate bit 994, Senate bill 1003, Senate bill 1037, Senate bill 1042, Senate bill 1113, Senate bill 1237.
Bill Howell
Thank you, madam clerk. The question, is shall the bills in the block pass? All in favor of the passage of the bills will record their votes aye. Those opposed, no. Are the senators ready to vote? Have all the senators voted? Their vote? Do any senators desire to change the of the clerk will close the roll.
[Unknown]
Ayes 38, nos 0.
[Unknown]
The bills in the block pass.
[Unknown]
Clerk: regular calendar, Senate bills on third reading, Senate bill 879, a bill relating to retired circuit court judges under recall, qualification by committee for courts of justice.
[Unknown]
The Senator from Stafford, Senator Stuart .
Richard Stuart
Thank you, Mr. President. May that go by for the day?
Bill Howell
Without objection, Senate bill 879 will go by fa the day.
Richard Stuart
Senate by 1055, a bill remaining to remaining of place of riot or unlawful assembly after warning to disperse, personality.
[Unknown]
Senator from Stafford .
[Unknown]
May that go by for the day as well.
Bill Howell
Without objection are, Senate bill 1055 will go by for the day.
[Unknown]
Senate bill 898, a bill to direct compliance with regulations of certain combined sewer overflow outfalls, pa -- potomac river watershed.
[Unknown]
Senator from Stafford .
[Unknown]
May that also go by for the day.
Bill Howell
Reading your mind, Senator. Without objection, Senate bill 898 will go by for the day.
[Unknown]
Uncontested calendar, Senate bills on second reading.
[Unknown]
Senator from James city county, Senator Norment .
Tommy Norment
Technologically challenged here. I thought it went on when we pulled it up. I recognize that frequently I am an example of contradictions. Passing the bills by for the day, just don't get in the habit of it, please. Mr. President, I respectfully move that all the national bills on the uncontested and regular calendar be passed by for the day.
[Unknown]
Thank you, Senator. The question is shall the bills on the uncontested and regular calendar be passed by for the day? All in favor of the motion will say aye. Those opposed, no. The ayes have it. The bills are passed by for the day.
Tommy Norment
Uncontested calendar, Senate bills on first reading.
[Unknown]
Senator from James city county, Senator Norment .
Tommy Norment
Thank you, Mr. President, I respectfully move that all the Senate bills on the first reading on both the uncontested and regular calendar, which would include all Senate bills on pages 16 through 24, including Senate bill 855 through Senate bill 14, 15, in t the rules of the 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 in the first reading of the titles of Senate bills on the uncontested and regular calendars pages 16 through 24, Senate bill 855 through Senate bill 1415 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
Clerk: ayes 38, nos 0.
[Unknown]
Ayes 38, nos 0. The reading of the titles is dispensed with. The Senator from James city county, Senator Norment .
Tommy Norment
Mr. President, I would now move that all the said bills which find themselves on this second reading be passed by for the day.
[Unknown]
Thank you, Senator. The question, shall the Senate bills on the uncontested and regular calendars now on second reading go by for the day? As many as favor that motion, say aye. Those opposed, no. The ayes have it. The bills will go by for the day.
Tommy Norment
Uncontested calendar, Senate joint resolution on first reading. Senate joint resolution 241, confirming the appointment by the chief justice of the supreme court of Virginia of the chairman of the Virginia criminal sentencing commission.
[Unknown]
The Senator from James city county, Senator Norment .
Tommy Norment
Mr. President, inquire of the clerk, does that complete today's calendar?
[Unknown]
Yes, sir.
Tommy Norment
Thank you. Is there any other business to come before the Senate ? The Senator from Augusta, Senator Hanger .
Emmett Hanger
Thank you, Mr. President. Point of personal privilege.
[Unknown]
Senator has the floor.
Emmett Hanger
And I didn't expect you to get to this so quickly, but here I am, and I 'm recognizing that it's a Friday where we have a number of items coming up this afternoon of great significant, but it also tomorrow is stonewall jackson's birthday, and it's been a tradition, I would suggest to members of the Senate, that we recognize stonewall jackson as we do a number of other our heroes over the years. I guess it's been a tradition with the general assembly ever since he lay in state here during the civil war. At any rate, I rise to do that even though it is inauguration day. I rise to recognize and honor a historic man from our past. So many times in world history, it's not been the man at the top or the lady at the top who propels history forward but the men or women behind that leader who truly stand out and contribute to the cause. This is the case with thomas and jonathan stonewall jackson. He was not the top leader, but he served under robert e. Lee who we recognized yesterday, and at that time, the president of the confederate states of america, jefferson Davis. Stonewall jackson was not president or lead general, but still his work was integral to the successes of their cause and sets him out in our american history as a key fiege you are. Key figure. I hope that we as americans can all agree that it's not necessarily any one person or the person who is at the top who makes us what we are, but it is each individual person's contribution, good or bad, that leads us down the path of history. Any successful leader knows that who you surround yourself with is a critical component of a successful team, company, army or nation. We are a nation of collaborative work, not singular points in in observance of stonewall history. Jackson's birthday tomorrow, on January the 21st, 1824, I rise today to say to you that this complex person with a deep religious fervor and a fiercely aggressive fighting spirit left his mark on history. A master of rapid movement and surprise tactics, stonewall kept his intentions sometimes veiled in secrecy so often that his own officers did not fully know his plans until they were ordered to strike. He recognized at that time the call to fight for Virginia in a time of troubling war and he obeyed it. On a more personal note, Mr. President, I would share with you that my great great grandfather served under stonewall jackson in the original stonewall brigade. My father served in the 116th infantry, the stonewall brigade, during world war ii, and I had the honor of commanding a combat infantry unit in my service in the 116th, a part of the stonewall brigade, very, very proud of that. So Mr. President, I would say ever forward, and when we adjourn today that we do so in honor of general thomas stonewall jackson.
[Unknown]
Thank you, Senator. The senior Senator from Bath County, Senator Deeds .
Creigh Deeds
Thank you, Mr. President, I have a bill to send to the desk.
[Unknown]
Thank you. The desk will receive it. Thank you, Senator. Senator, I 'm going to return to the morning hour, if that's okay, and call for resolutions, petitions and bills, and then we will be able to accept it, so thank you. Yes. Is there any other business for the Senate ? The clerk will please report any announcements on the desk.
Creigh Deeds
Clerk: Monday, January 23rd, committee for courts of justice will meet at 8 a.M., Senate room b. The republican caucus will meet at 11:30 a.M. In Senate room 2. The democratic caucus will meet at 11:30 a.M. In Senate room 1. And for the weather, you should expect rain on Sunday .
[Unknown]
Thank you, madam clerk. The Senator from Bedford, Senator Newman .
Steve Newman
Mr. President, I move that the Senate do now adjourn until the 12 noon Monday in memory of thomas j. Stonewall jackson and that the Senate suspend the rules and direct the clerk to accept legislation to be introduced until 3 o'clock today.
[Unknown]
Thank you, Senator. The question is shall the Senate adjourn until 12 o'clock noon Monday in memory of thomas j. Stonewall jackson and that the Senate suspend the rules and direct the clerk to accept legislation to be introduced until 3 p.M. Today. 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.
Steve Newman
Clerk: ayes 38, nos 0.
[Unknown]
Ayes 38, nos 0. The Senate does now stand adjourned until 12 noon Monday in memory of thomas a. Stonewall jackson and the Senate has sus pended the rules and direct -- suspended the rules and directed the clerk to accept legislation introduced until 3 p.M. Today. Introduced until 3 p.M. Today.