02/02/2017 Senate Proceedings

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Index

SB919—00:03:03
SB1128—00:00:20
SB1441—00:00:34
SB1077—00:07:27
SB1395—00:00:34
SB1066—00:00:56
SB1152—00:05:58
SB1172—00:01:03
SB1188—00:02:12
SB1227—00:01:19
SB1342—00:08:01
SB982—00:03:17
SB1300—00:08:24
SB1427—00:05:08
SB1473—00:06:17
SJ342—00:00:12
HJ748—00:00:20
HJ789—00:00:22
HJ818—00:01:29
Sen. Tommy Norment (R-Williamsburg)—00:00
Sen. Bill Carrico (R-Grayson)—01:24
Sen. John Cosgrove (R-Chesapeake)—00:00
Sen. Frank Wagner (R-Virginia Beach)—00:00
Sen. Ryan McDougle (R-Mechanicsville)—00:02
Sen. Emmett Hanger (R-Mount Solon)—00:00
Sen. Tommy Norment (R-Williamsburg)—02:38
Sen. Mark Obenshain (R-Harrisonburg)—00:02
Sen. Monty Mason (D-Williamsburg)—00:02
Sen. Siobhan Dunnavant (R-Henrico)—00:02
Sen. Dick Saslaw (D-Springfield)—00:02
Sen. Tommy Norment (R-Williamsburg)—00:03
Sen. Mark Obenshain (R-Harrisonburg)—00:02
Sen. Siobhan Dunnavant (R-Henrico)—00:02
Sen. Mark Obenshain (R-Harrisonburg)—01:51
Sen. Creigh Deeds (D-Bath)—00:00
Sen. Mark Obenshain (R-Harrisonburg)—00:02
Sen. Tommy Norment (R-Williamsburg)—00:00
Sen. Roz Dance (D-Petersburg)—00:02
Sen. Scott Surovell (D-Mount Vernon)—00:03
Sen. Ryan McDougle (R-Mechanicsville)—00:02
Sen. Scott Surovell (D-Mount Vernon)—00:02
Sen. Chap Petersen (D-Fairfax)—00:07
Sen. Tommy Norment (R-Williamsburg)—00:03
Sen. Mark Obenshain (R-Harrisonburg)—00:00
Sen. Dick Black (R-Leesburg)—00:00
Sen. Ben Chafin (R-Lebanon)—00:26
Sen. Tommy Norment (R-Williamsburg)—01:02
Sen. Steve Newman (R-Forest)—00:03
Sen. Adam Ebbin (D-Alexandria)—00:00
Sen. Roz Dance (D-Petersburg)—00:02
Sen. Jill Holtzman Vogel (R-Winchester)—00:00
Sen. Jennifer Wexton (D-Leesburg)—00:02
Sen. Jill Holtzman Vogel (R-Winchester)—00:02
Sen. Tommy Norment (R-Williamsburg)—00:02
Sen. Jill Holtzman Vogel (R-Winchester)—00:03
Sen. Bill Stanley (R-Moneta)—00:12
Sen. Jennifer McClellan (D-Richmond)—00:00
Sen. Roz Dance (D-Petersburg)—00:00
Sen. Dick Black (R-Leesburg)—00:00
Sen. Ben Chafin (R-Lebanon)—00:00
Sen. Ryan McDougle (R-Mechanicsville)—00:00
Sen. Scott Surovell (D-Mount Vernon)—00:00
Sen. Frank Wagner (R-Virginia Beach)—00:36
Sen. Bill Stanley (R-Moneta)—00:00
Sen. Bryce Reeves (R-Spotsylvania)—00:00
Sen. Ben Chafin (R-Lebanon)—00:00
Sen. Jill Holtzman Vogel (R-Winchester)—00:00
Sen. Dick Saslaw (D-Springfield)—00:00
Sen. David Suetterlein (R-Salem)—00:00
Sen. Tommy Norment (R-Williamsburg)—02:19
Sen. Jill Holtzman Vogel (R-Winchester)—00:00
Sen. Jeremy McPike (D-Dale City)—00:02
Sen. Dick Saslaw (D-Springfield)—00:00
Sen. Tommy Norment (R-Williamsburg)—02:36
Sen. Tommy Norment (R-Williamsburg)—00:16
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03:01

Minutes

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

Prayer offered by The Reverend Matthew D. Bates, Centenary United
Methodist Church, Richmond, Virginia

ROLL CALL OF MEMBERS: quorum present

Motion of Senator McClellan dispensed with reading of Journal (38?Y
2?N)

COMMUNICATION FROM HOUSE (HN10201): reading waived (38?Y 2?N)

The House of Delegates has passed the following House bills: HB
1399, 1457, 1526, 1556, 1570, 1585, 1587, 1597, 1598, 1606, 1628, 1694, 1720,
1730, 1743, 1820, 1858, 1869, 1878, 1933, 1936, 1970, 1998, 2003, 2029, 2045,
2055, 2090, 2152, 2168, 2179, 2233, 2274, 2313, 2343, 2369, 2374, 2397, 2418,
2433

House bills referred: see February 3 Senate Calendar

BILLS REPORTED

From Courts of Justice: SB 1044S rereferred to Finance, 1153,
1199S, 1330S, 1343S, 1344S, 1356, 1413S, 1421S, 1442 rereferred to Finance,
1498A, 1501A, 1506, 1563S, 1564A, 1594

From Education and Health: SB 829, 951S, 995S, 997S, 1017, 1082S,
1098, 1099, 1117, 1222S rereferred to Finance, 1233S rereferred to Finance,
1234S, 1240S rereferred to Finance, 1283S rereferred to Finance, 1359S, 1414A,
1430A, 1475A, 1511A, 1516S, 1517A, 1523S rereferred to Finance, 1534S, 1546,
1561S rereferred to Finance, 1577S

From Local Government: SB 938A, 1578S

From Transportation: SB 950A, 1229A, 1251S, 1316A, 1364S, 1367,
1417S, 1494S, 1507, 1514, 1532, 1554

SJ 360 - offered by Senator Norment

Joint resolution laid on Clerks Desk under Senate Rules 11(b),
(26)g and HJR 555: see February 3 Senate Calendar

CALENDAR

UNCONTESTED CALENDAR

SENATE BILLS ON THIRD READING

SB 940 - Read third time and passed Senate block vote (40-Y 0-N)

SB 890 - Read third time and passed Senate block vote (40-Y 0-N)

SB 927 - Read third time and passed Senate block vote (40-Y 0-N)

SB1288 - Read third time and passed Senate block vote (40-Y 0-N)

SB1305 - Read third time and passed Senate block vote (40-Y 0-N)

SB1310 - Read third time and passed Senate block vote (40-Y 0-N)

SB1333 - Read third time and passed Senate block vote (40-Y 0-N)

SB1352 - Read third time and passed Senate block vote (40-Y 0-N)

SB 919 - Out of block, Engrossment reconsidered by Senate (38-Y
0-N), Obenshain floor amendments withdrawn, Edwards floor amendments 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)

REGULAR CALENDAR

SENATE BILLS ON THIRD READING

SB1128 - Passed by for day

SB1441 - Read third time and passed Senate (25-Y 14-N)

SB1077 - Read third time and passed Senate (20-Y 20-N, Chair voted
yea)

SB1395 - Read third time and passed Senate (36-Y 3-N 1-A)

SB1066 - Read third time and passed Senate (24-Y 16-N)

SB1152 - Read third time and passed Senate (28-Y 12-N)

SB1172 - Read third time and passed Senate (30-Y 10-N)

SB1188 - Read third time and passed Senate (26-Y 14-N)

SB1227 - Read third time and passed Senate (40-Y 0-N)

SB1342 - Read third time and passed Senate (26-Y 14-N)

UNCONTESTED CALENDAR

SENATE BILLS ON SECOND READING

SB 839 - Read second time, Committee substitute agreed to (voice
vote), Engrossed by Senate block vote (voice vote), Rules suspended, third
constitutional reading dispensed block vote (40-Y 0-N), Passed Senate block
vote (40-Y 0-N)

SB 889 - Read second time, Engrossed by Senate block vote (voice
vote), Rules suspended, third constitutional reading dispensed block vote (40-Y
0-N), Passed Senate block vote (40-Y 0-N)

SB 966 - Read second time, Committee substitute agreed to (voice
vote), Engrossed by Senate block vote (voice vote), Rules suspended, third
constitutional reading dispensed block vote (40-Y 0-N), Passed Senate block
vote (40-Y 0-N)

SB1060 - Read second time, Courts of Justice substitute rejected
(voice vote), Finance substitute agreed to (voice vote), Engrossed by Senate
block vote (voice vote), Rules suspended, third constitutional reading
dispensed block vote (40-Y 0-N), Passed Senate block vote (40-Y 0-N)

SB1118 - Read second time, Engrossed by Senate block vote (voice
vote), Rules suspended, third constitutional reading dispensed block vote (40-Y
0-N), Passed Senate block vote (40-Y 0-N)

SB1165 - Read second time, Engrossed by Senate block vote (voice
vote), Rules suspended, third constitutional reading dispensed block vote (40-Y
0-N), Passed Senate block vote (40-Y 0-N)

SB1168 - Read second time, Engrossed by Senate block vote (voice vote),
Rules suspended, third constitutional reading dispensed block vote (40-Y 0-N),
Passed Senate block vote (40-Y 0-N)

SB1182 - Read second time, Committee substitute agreed to (voice
vote), Engrossed by Senate block vote (voice vote), Rules suspended, third
constitutional reading dispensed block vote (40-Y 0-N), Passed Senate block
vote (40-Y 0-N)

SB1193 - Read second time, Committee substitute agreed to (voice
vote), Engrossed by Senate block vote (voice vote), Rules suspended, third
constitutional reading dispensed block vote (40-Y 0-N), Passed Senate block
vote (40-Y 0-N)

SB1322 - Read second time, Committee substitute agreed to (voice
vote), Engrossed by Senate block vote (voice vote), Rules suspended, third
constitutional reading dispensed block vote (40-Y 0-N), Passed Senate block
vote (40-Y 0-N)

SB1374 - Read second time, Engrossed by Senate block vote (voice
vote), Rules suspended, third constitutional reading dispensed block vote (40-Y
0-N), Passed Senate block vote (40-Y 0-N)

SB1444 - Read second time, Committee substitute agreed to (voice
vote), Engrossed by Senate block vote (voice vote), Rules suspended, third
constitutional reading dispensed block vote (40-Y 0-N), Passed Senate block
vote (40-Y 0-N)

SB1459 - Read second time, Committee substitute agreed to (voice
vote), Engrossed by Senate block vote (voice vote), Rules suspended, third
constitutional reading dispensed block vote (40-Y 0-N), Passed Senate block
vote (40-Y 0-N)

SB1479 - Read second time, Engrossed by Senate block vote (voice
vote), Rules suspended, third constitutional reading dispensed block vote (40-Y
0-N), Passed Senate block vote (40-Y 0-N)

SB1483 - Read second time, Engrossed by Senate block vote (voice
vote), Rules suspended, third constitutional reading dispensed block vote (40-Y
0-N), Passed Senate block vote (40-Y 0-N)

SB 800 - Read second time, Committee substitute agreed to (voice
vote), Out of block, Passed by for day

SB 982 - Read second time, Engrossed by Senate block vote (voice
vote), Rules suspended, third constitutional reading dispensed block vote (40-Y
0-N), Out of block, Passed Senate (32-Y 8-N)

SB1300 - Read second time, Committee amendment agreed to (voice
vote), Engrossed by Senate block vote (voice vote), Rules suspended, third
constitutional reading dispensed block vote (40-Y 0-N), Out of block, Passed
Senate (28-Y 12-N)

SB1418 - Read second time, Committee amendments agreed to (voice
vote), Engrossed by Senate block vote (voice vote), Rules suspended, third
constitutional reading dispensed block vote (40-Y 0-N), Out of block, Passed by
for day

SB1427 - Read second time, Engrossed by Senate block vote (voice
vote), Rules suspended, third constitutional reading dispensed block vote (40-Y
0-N), Out of block, Passed Senate (39-Y 0-N 1-A)

SB1473 - Read second time, Committee amendments agreed to (voice
vote), Engrossed by Senate block vote (voice vote), Rules suspended, third
constitutional reading dispensed block vote (40-Y 0-N), Out of block, Passed
Senate (37-Y 3-N)

SB1551 - Read second time, Committee substitute agreed to (voice
vote), Engrossed by Senate block vote (voice vote), Rules suspended, third
constitutional reading dispensed block vote (40-Y 0-N), Out of block, Passed
Senate (39-Y 1-N)

REGULAR CALENDAR

SENATE BILLS ON SECOND READING

SB1021 - Passed by for day

SB1210 - Read second time, Committee amendments agreed to (voice
vote), Engrossed by Senate (voice vote)

SB 806 - Read second time, Engrossed by Senate (voice vote)

SB 959 - Read second time, Committee substitute agreed to (voice
vote), Engrossed by Senate (voice vote)

SB 991 - Read second time, Committee substitute agreed to (voice
vote), Engrossed by Senate (voice vote)

SB1013 - Read second time, Committee substitute agreed to (voice
vote), Engrossed by Senate (voice vote)

SB1110 - Read second time, Engrossed by Senate (voice vote)

SB1123 - Read second time, Committee substitute agreed to (voice
vote), Engrossed by Senate (voice vote)

SB1198 - Read second time, Engrossed by Senate (voice vote)

SB1226 - Read second time, Engrossed by Senate (voice vote)

SB1264 - Read second time, Committee amendments agreed to (voice
vote), Engrossed by Senate (voice vote)

SB1265 - Read second time, Committee substitute agreed to (voice
vote), Engrossed by Senate (voice vote)

SB1282 - Read second time, Committee substitute agreed to (voice
vote), Engrossed by Senate (voice vote)

SB1341 - Read second time, Committee amendments agreed to (voice
vote), Engrossed by Senate (voice vote)

SB1360 - Read second time, Engrossed by Senate (voice vote)

SB1393 - Read second time, Committee substitute agreed to (voice
vote), Engrossed by Senate (voice vote)

SB1394 - Read second time, Committee substitute agreed to (voice
vote), Engrossed by Senate (voice vote)

SB1428 - Read second time, Committee substitute agreed to (voice
vote), Engrossed by Senate (voice vote)

SB1431 - Read second time, Committee substitute agreed to (voice
vote), Engrossed by Senate (voice vote)

SB1456 - Read second time, Committee substitute agreed to (voice
vote), Engrossed by Senate (voice vote)

SB1470 - Read second time, Committee amendment agreed to (voice
vote), Engrossed by Senate (voice vote)

SB1530 - Passed by for day

SB1542 - Read second time, Engrossed by Senate (voice vote)

SB1586 - Read second time, Engrossed by Senate (voice vote)

UNCONTESTED CALENDAR

SENATE BILLS ON FIRST READING

SB 838 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

SB 845 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

SB 932 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

SB 963 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

SB 975 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

SB1005 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

SB1018 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

SB1034 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

SB1063 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

SB1086 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

SB1154 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

SB1285 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

SB1286 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

SB1287 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

SB1328 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

SB1361 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

SB1412 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

SB1527 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

SB1552 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

SB1553 - Rules suspended, constitutional reading dispensed block vote
(40-Y 0-N), Passed by for day

SB1558 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

SB1559 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

SB1576 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

SB1580 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

SB1591 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

REGULAR CALENDAR

SENATE BILLS ON FIRST READING

SB 795 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

SB 821 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

SB 846 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

SB1053 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

SB1149 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

SB1239 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

SB1243 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

SB1253 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

SB1262 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

SB1373 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

SB1391 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

SB1416 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

SB1569 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

SB1571 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

SB1581 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

SB1585 - Rules suspended, constitutional reading dispensed block
vote (40-Y 0-N), Passed by for day

UNCONTESTED CALENDAR

SENATE JOINT RESOLUTION ON FIRST READING

SJ 342 - Rules suspended, reading waived block vote (39-Y 0-N),
Read second time, Engrossed by Senate (voice vote), Rules suspended, third
reading waived (40-Y 0-N), Agreed to by Senate (40-Y 0-N)

REGULAR CALENDAR

SENATE JOINT RESOLUTIONS ON FIRST READING

SJ 223 - Rules suspended, reading waived block vote (39-Y 0-N),
Passed by for day

SJ 231 - Rules suspended, reading waived block vote (39-Y 0-N),
Passed by for day

SJ 290 - Rules suspended, reading waived block vote (39-Y 0-N),
Passed by for day

SJ 295 - Rules suspended, reading waived block vote (39-Y 0-N),
Passed by for day

SJ 331 - Rules suspended, reading waived block vote (39-Y 0-N),
Passed by for day

MEMORIAL RESOLUTIONS

HJ 748 - Agreed to by Senate block vote

HJ 794 - Agreed to by Senate block vote

HJ 803 - Agreed to by Senate block vote

HJ 804 - Agreed to by Senate block vote

HJ 812 - Agreed to by Senate block vote

HJ 814 - Agreed to by Senate block vote

SJ 348 - Agreed to by Senate block vote

SJ 349 - Agreed to by Senate block vote

SJ 353 - Agreed to by Senate block vote

SJ 354 - Agreed to by Senate block vote

SJ 355 - Agreed to by Senate block vote

SR 123 - Agreed to by Senate block vote

SR 129 - Agreed to by Senate block vote

HJ 789 - Out of block, Agreed to by Senate

HJ 818 - Out of block, Agreed to by Senate

SJ 338 - Out of block, Agreed to by Senate

SJ 347 - Out of block, Passed by for day

SR 124 - Out of block, Passed by for day

COMMENDING RESOLUTIONS

HJ 754 - Agreed to by Senate block vote (voice vote)

HJ 786 - Agreed to by Senate block vote (voice vote)

HJ 788 - Agreed to by Senate block vote (voice vote)

HJ 790 - Agreed to by Senate block vote (voice vote)

HJ 792 - Agreed to by Senate block vote (voice vote)

HJ 795 - Agreed to by Senate block vote (voice vote)

HJ 796 - Agreed to by Senate block vote (voice vote)

HJ 797 - Agreed to by Senate block vote (voice vote)

HJ 798 - Agreed to by Senate block vote (voice vote)

HJ 799 - Agreed to by Senate block vote (voice vote)

HJ 800 - Agreed to by Senate block vote (voice vote)

HJ 801 - Agreed to by Senate block vote (voice vote)

HJ 802 - Agreed to by Senate block vote (voice vote)

HJ 805 - Agreed to by Senate block vote (voice vote)

HJ 806 - Agreed to by Senate block vote (voice vote)

HJ 807 - Agreed to by Senate block vote (voice vote)

HJ 808 - Agreed to by Senate block vote (voice vote)

HJ 809 - Agreed to by Senate block vote (voice vote)

HJ 811 - Agreed to by Senate block vote (voice vote)

HJ 819 - Agreed to by Senate block vote (voice vote)

HJ 820 - Agreed to by Senate block vote (voice vote)

HJ 821 - Agreed to by Senate block vote (voice vote)

HJ 822 - Agreed to by Senate block vote (voice vote)

HJ 824 - Agreed to by Senate block vote (voice vote)

HJ 827 - Agreed to by Senate block vote (voice vote)

HJ 828 - Agreed to by Senate block vote (voice vote)

SJ 315 - Agreed to by Senate block vote (voice vote)

SJ 323 - Agreed to by Senate block vote (voice vote)

SJ 343 - Agreed to by Senate block vote (voice vote)

SJ 344 - Agreed to by Senate block vote (voice vote)

SJ 345 - Agreed to by Senate block vote (voice vote)

SJ 346 - Agreed to by Senate block vote (voice vote)

SJ 350 - Agreed to by Senate block vote (voice vote)

SJ 351 - Agreed to by Senate block vote (voice vote)

SJ 352 - Agreed to by Senate block vote (voice vote)

SJ 356 - Agreed to by Senate block vote (voice vote)

SJ 357 - Agreed to by Senate block vote (voice vote)

SJ 358 - Agreed to by Senate block vote (voice vote)

SR 122 - Agreed to by Senate block vote (voice vote)

SR 125 - Agreed to by Senate block vote (voice vote)

SR 127 - Agreed to by Senate block vote (voice vote)

HJ 751 - Out of Block, Passed by for day

HJ 752 - Out of Block, Passed by for day

On motion of Senator Newman, the Senate adjourned at 2:54 p.m. to
convene Friday, February 3, 2017 at 11:30 a.m. 

 

Transcript

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

[Unknown]
The Senate will come to order. The senators will please take their seats. Those 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 matthew d. Bates, centenary united methodist church, Richmond. Reverend bates, welcome.
[Unknown]
Let us pray. God of power and might, God of justice and mercy, we assemble today as fellow citizens of this commonwealth to thank you for the blessings you have bestowed on us and those who have come before us. We thank you for the gift of your creation. We are grateful for the beauty we enjoy each day and reminded that this beauty is pure gift. We thank you for abundant resources that sustain our lives, yet over which you appoint us to be faithful stewards. We thank you for the common ties and concerns that bind us together. Though we May differ in many ways, we all stand in need of your guidance and blessing. Though we May have different opinions or be members of different parties or be members of different religious traditions, remind us that we are all your children, that we all bear your divine image and that we need one another's gifts, companionship and patience to be whole. We thank you for these who give of their time and abilities to serve the people of this commonwealth. We ask your blessing on this body as it deliberates. Help each member of this House to find the grace to listen as well as to speak. Grant each one the grace to refuse to allow disagreement to be a reason. Bless us all with humility to recognize the limits of our human understanding. Forgive us when we fail to remember the most vulnerable in our society. Forgive us when we mix selfish motives with mobile ones. Forgive us when our actions bring injury or harm, whether by intention or ignorance. Now we pray that you would bless these, your servants, with gratitude for the opportunities before them to advance the well-being of the citizens of Virginia. Give them this day and all days clarity of mind, did devotion to truth, humility of spirit and good will toward one another. Do not let this prayer or any other be merely a perfunctory ritual but a genuine moment of opening our feeble minds and spirits to the out pouring of your divine grace, amen.
[Unknown]
Amen.
Bill Howell
The clerk will call the roll. All those present will please vote aye. The clerk will close the roll.
[Unknown]
Clerk: you have a quorum, Mr. President. Senate journal for Wednesday, February 1st, 2017.
Bill Howell
Thank you, madam clerk. The junior Senator from Richmond city, Senator meck legal -- McClellan moves that the reading of the journal will be waved. 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 38, nos 2.
[Unknown]
Ayes 38, nowz 2. The reading of the journal is the clerk will please report any waived. Communications from the House. The Senator from James of James city county, Senator nor Norment .
Bill Howell
The question is, shall the reading of the communications from the House of delegates 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.
[Unknown]
Ayes 38, nos 2.
[Unknown]
Ayes 38, nos 2. The reading of the communication is waived. The clerk will please report any communications from the governor.
[Unknown]
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 from the morning hour. The Senator from graceenen -- Grayson County, Senator Carrico .
Bill Carrico
Thank you. Rise for two introductions.
[Unknown]
Senator has the floor.
Bill Carrico
Today we have visiting us for whitfield, Virginia, president dean sprinkling, rhonda wood, jill ross, who was my first campaign manager, perry hughes. You all can blame her for that. And students, mary hesler, daniel, feeier, jared Hall and alexus Austin. I would ask the body give them a
[Unknown]
Thank you, Senator. Warm welcome. Would members from the whitfield community college please rise? Thank you all for making the trip with us this afternoon from the great southwest, and we have several groups from community colleges across the commonwealth. As you all know, we have 23 great community colleges. What a tremendous role they play in workforce development. So we appreciate all that you all do at whitfield. I'd ask the members of the Senate to please join me in offering members from the whitfield community college the warm welcome of the Senate. (applause).
[Unknown]
The Senator from Grayson, Senator Carrico .
Bill Carrico
Thank you, Mr. President. My second introduction from abing ton, Virginia, in the gallery today is members of the southwest Virginia higher education Senator, which I have the privilege of chairing the board of trustees, and I 've had the privilege of going through the process of hiring a new president, one of my most favorite presidents and hardest working presidents in Virginia, I would say, is with us today, david matlock, and with him are staff members kathy hidla, who I tested her patience through this whole process of hiring a new president, and adam tolbert, who is a genius in many ways of keeping operations running there. And with them are two students, matt fisher and brian wideener, who are vcu students, and they're working towards their degree in certified registered nurse antithesis, or whatever you say that. Anesthetist. Thank you. If you could give them a warm welcome. They're not pediatric neurologists.
[Unknown]
Senator, don't take your cues from him.
Bill Carrico
I will not. If you could give them a warm welcome of the Senate, I would appreciate it.
[Unknown]
I will. Thank you, Senator. We have a lot of introductions. So I will make the introduction, and I will ask you to join me in receiving them. So I appreciate that.
[Unknown]
Would members from the southwest Virginia higher education center please rise. Thank you all for being here, and thank you for training to be nurse anesthetists. It is a difficult word to pronounce for some individuals, but we appreciate you making the trip here from the great southwest, and what a beautiful area of the commonwealth it is in abing ton, and we wish you safe travels back. I would ask the members from the Senate to please join me in offering members from southwest Virginia higher education Senator the warm welcome of the Senate. (applause).
[Unknown]
The senior Senator from Chesapeake, Senator Cosgrove .
John Cosgrove
Thank you very much, Mr. President. I rise for an introduction.
[Unknown]
The Senator has the floor.
John Cosgrove
Thank you very much. We have students from old dominion university. It is comprised of 25,000 students. Odu is a leading research institution and second in the commonwealth in graduating stem h degrees. Please join me in giving a warm Senate welcome to the students representing my alma mater, old dominion university.
[Unknown]
Thank you, Senator. Would the monarchs in the audience please rise. I know you had an early trip from Norfolk. Old dominion university, we're so proud of what you all are doing. I wish you the best in your endeavors. I'd ask the members of the Senate to please join me in offering the warm welcome of the Senate. (applause).
[Unknown]
The senior Senator from Virginia beach, Senator Wagner .
Frank Wagner
Thank you, Mr. President. I rise for the purpose of two introductions.
[Unknown]
Senator has the floor.
Frank Wagner
Thank you, Mr. President. Today is port day in the commonwealth of Virginia. We have representatives from the Virginia maritime organization, which was organized in 1920, Mr. President, and to encourage international and domestic trade, to protect our port and to insure the port continues to get the investments we need to maintain one of the finest, if not the finest port anywhere in the world. It has currently a membership of over 400 membership companies, representing over 70,000 employees in the commonwealth of Virginia, and the vma Virginia maritime association, continues to be the voice of the port for progressive development and waterfront in our Virginia maritime economy. We have joining us today, Mr. President, five members from the port, captain whiting chism, the Head of the Virginia pilots association, jim diaz with marine repair services of Virginia. Michael from university leaf tobacco company, john millican, the current chairman of the port authority board of commissioners and alec diamond steen. Mr. President, I would ask you give them a warm welcome from the Senate .
[Unknown]
I will. Would members from the Virginia maritime association please rise. Thank you all for being here with us this afternoon. Enjoyed meeting with you. Just as the senior Senator from Virginia beach said, the port is just such a vital part of our economy, economy, and we want to keep it no. 1 in the world, and think I speak for all of us in the legislature in saying that. So appreciate all of your efforts. I'd ask the members of the Senate to please join me as well as Delegate diamondsteen, it's always great to see you. Please join me in offering a warm welcome to the Virginia maritime association. (applause).
[Unknown]
The senior Senator from Virginia beach.
[Unknown]
Mr. President, also visiting with us today from the capital and on behalf of myself as well as the Senator from Williamsburg, we have three members from the Newport News community, derrick bloom who is working in my office this year and also has the honor of driving me and carting me all over Virginia, and his mother is here with him, Ms. Debby bloom, and debby's sister, connie kennedy, and I ask you give them the warm welcome of the Senate .
[Unknown]
Thank you. Would debby bloom, derrick bloom and connie kennedy please rise. Welcome. We've all been in Senator Wagner 's position, and we appreciate you driving him around. I'd like to chat with you at some point and kind of compare some notes. But thanks for being here. It's great seeing you, as well, Ms. Wagner, frank's beautiful wife. Thanks for being with us today as well. I'd ask the members of the Senate to please join me in offering debby bloom, derrick bloom and connie kennedy the warm welcome of the Senate. (applause).
[Unknown]
The Senator from Hanover, Senator McDougle .
Ryan McDougle
Mr. President, rise for the purposes of an introduction.
[Unknown]
The Senator has the floor.
Ryan McDougle
Mr. President, on behalf of myself and the Senator from western Henrico, we have with us in the gallery, two individuals from Hanover, Scott wyatt who is on our board of supervisors and steven gerlof, one of our constituents and his first time to the capital, I believe. They're down here to try to convince us or actually support how great the ideas we have coming out of the capitol back to local government, and they're very excited to work with us on if you could offer them the warm those. Welcome of the Senate .
[Unknown]
I would. Thank you, Senator. Would Scott wyatt and steven please rise. It you for being with us. Appreciate your service to the public, as well. We hope you have a great visit here, and -- in Mr. Jefferson's capitol. I would ask the members of the Senate to please join me in offering Mr. Scott wyatt and Mr. Steven goaff the warm welcome of the Senate. (applause).
[Unknown]
The Senator from Stafford, Senator Stuart .
Richard Stuart
Thank you, Mr. President. Rise for onintroduction.
[Unknown]
The Senator has the floor.
Richard Stuart
Mr. President, I 'm pleased to bring to the attention and members the presence in the gallery of lucille Wagner. As you all know, she's the wife of my seat mate. I was kind of wishing, because I tell you, and I know that lucille knows this, but her husband is a handful to sit by. Mr. President, lucille has done great work with the pages and the food bank, and I think every year she spearheads this, she breaks a new record for the pages. But I just want to bring to the attention that she is with us today. We appreciate everything that she does, particularly keeping him under control, and Mr. President, I 'd ask you give her the warm welcome of the Senate .
[Unknown]
Thank you, Senator. And I would second everything just said. But lucille, please rise. Thank you all so much for her. Thank you for being with us this afternoon, and as I have said before, the senators always behave a bit better when their spouses are here, so we appreciate you being here as often as you can be. But what the good Senator from Stafford said, thanks for all that you do for the community and to help our pages, and I know you've always helped host the super bowl party, and that's always been a lot of fun. So it's always great to see you. I'd ask the members of the Senate to please join me in offering Ms. Lucille Wagner the warm welcome of the Senate. (applause). The Senator from Chesterfield, Senator Chase .
Amanda Chase
Something is wrong with my mic. Thank you, Mr. President. I rise for the purposes of an introduction.
[Unknown]
The Senator has the floor.
Amanda Chase
Today I would like to introduce Mrs. Lockhart's manchester high school ap government student class from Chesterfield County, which is the high school where my boys attend school.
[Unknown]
Thank you, Senator. Would members from the manchester high school ap government students class please rise. Welcome to Mr. Jefferson's capitol this afternoon, and as you will see as you walk around, there's a tremendous amount of history here, so we hope that that adds to your educational experience in your ap class. I'd ask the members of the Senate to please join me in offering members from the manchester high school ap government class 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 two introductions.
[Unknown]
The Senator has the floor.
Jennifer McClellan
Thank you, Mr. President. First our invocation today was offered by the Reverend matthew bates from centenary united methodist church here in the city of Richmond. Reverend bates has held this position for the last six years and lives in the Richmond area with his wife amy and has two adult children, justin and rachel, and I ask that we give him a warm Senate welcome.
[Unknown]
Thank you, Senator. Would Reverend matthew bates please rise. Sir, thank you for being here to get us off on a good start this afternoon. I know you've been with us before, so we appreciate you returning and always enjoy your wonderful message. I'd ask the members of the Senate to please join me in offering Reverend matthew bates the warm welcome of the Senate. (applause). The junior Senator from Richmond city.
[Unknown]
Also joining us in the gallery is the Highland springs high school football team who capped off an impressive season by winning the 2016 Virginia high school league group 5-a state championship. They defeat add talented squad from stone bridge high school in Loudoun County in a 35-29 nail biter on December 10th, 2016. Led by Head coach lauren Johnson, the springers played with discipline and focus despite facing family tragedy and the loss of their team mom, angela Johnson, to win their second consecutive state title. I ask that we give the championship springers a warm Senate welcome.
[Unknown]
Thank you, Senator. Would members from the Highland springs championship football team please rise. Thank you all. Thank you so much for visiting us this afternoon and congratulations on a great year. You have much to be proud of, and there are a lot of us in the chamber that played sports and are really avid sports fans, and we appreciate you all getting out and getting on the field and doing what you do. You will see as you get older, for a lot of us, the older we get, the better we were, and that's just the way it is. So congratulations, and we hope you have many more successful years in the future. I'd ask the members of the Senate to please join me in offering members from the championship team, the highlight springs football, the warm welcome of the Senate. (applause).
[Unknown]
The Senator in Augusta, Senator Hanger .
[Unknown]
Thank you, Mr. President. I rise for two introductions.
[Unknown]
Senator has the floor.
[Unknown]
Thank you, Mr. President. First, I 'm pleased and I believe in the gallery right now are members of the department of behavioral health and developmental services system lead program, Mr. President. Mr. President, this program, system lead, is a leadership training program that works to develop future leaders within the agency. This nine-month university based leadership training certificate program exposes participants to all aspects of the commonwealth's behavioral health and developmental services system and explores the nature of leadership and management of that system. This year's program includes 25 participants from around the commonwealth, and for the first time, not only from behavioral health staff but from the community service board staff as well. Mr. President, I would ask you to offer the warm greetings of the Senate to this group.
[Unknown]
Thank you, Senator. Would members from the department of behavioral health and developmental services system lead class please rise. Thank you all so much for visiting us this afternoon, and just as the good Senator from Augusta said, mental health issues are on the forefront in Virginia right now, and we have a lot of challenges, so we appreciate everybody working together to make sure that all of those with mental illness have access to affordable and quality care, so we appreciate you being part of that. I'd ask the members of the Senate to please join me in offering members from the department of behavioral health and developmental services system lead class a warm welcome of the Senate. (applause). The Senator from Augusta, Senator Hanger .
Emmett Hanger
Thank you, Mr. President. Also I 'm really honored to recognize a special individual that I hope is still in the gallery at this time. Lisa wallmeyer. She's a staff attorney here with legislative services. But lisa is one of those dedicated and hard working persons. She works as staff to the Senate finance committee, but she really works hard, burns the midnight oil to get those amendments together for us for the next day. The reason she is here today is she is accompanied by her son, r.J., who is a first grader at randolph who is coming here today to spend the day with momma, learning more about the legislative process. I would ask you to recognize lisa and her son r.J.
[Unknown]
I will. Thank you, Senator. Would miss lisa and her handsome son r.J. Please rise. Wow. Thank you so much for being with us this afternoon. I know you must be doing well in the first grade, thinking about all of those things you want to do when you grow up. So keep studying hard. Keep listening to your teachers and always obey your mom and dad, and you'll be in great shape. I'd ask the members of the Senate to please join me in offering Ms. Lisa wall meyer and her son r.J. The warm welcome of the Senate. (applause).
Emmett Hanger
The Senator from Accomack County, Senator Lewis .
Lynwood Lewis
Mr. President, rise for an introduction.
[Unknown]
The near has the -- Senator has the floor.
Lynwood Lewis
Today we have over 150 united methodists from around the state attending their 25th methodist day here in the general assembly. Some are with us in the gallery some are with the other body. Along with them is their new bishop Lewis. They have been visiting senators, committee meetings, researching bills and become can familiar with all the buildings here on the campus. Their theme for the day is 25 years of faith and justice, and they hope to continue putting their faith to work for the next 25 years. So with that, Mr. President, I hope you will join me in giving them the warm welcome of the Senate .
[Unknown]
Thank you, Senator. Would members from the united methodist delegation please rise. Senator, they May be viewing from another room, but we certainly appreciate them being on the capitol today, and we hope you have a great visit to Mr. Jefferson's capitol. I'd ask the members of the Senate to please join me in offering members from the united methodist delegation the warm welcome of the Senate. (applause). The Senator from James city county, Senator Norment .
Tommy Norment
Thank you, Mr. President. I rise for a couple of introductions, sir. First of all, the Senator from Augusta was very kind to introduce lisa wallmeyer and her son r.J. The Senator from Franklin who was chairing local government this morning would probably be pleased to know that I tried to get r.J. To present the air b and b bill, because I thought it would go a lot quicker, and I even offered to hold him up so he could be seen, but he respectfully declined. Your honor -- excuse me, Mr. President, there are two groups in the gallery that I would like for you to extend a warm welcome to. The first is the boys and girls clubs alliance, and I think all of you are familiar with the extraordinary work that the boys and girls club in the commonwealth of Virginia does. One of the things that I 've found interesting is that it supports more than 75,000 school age children in 111 different sites in 50 cities in the commonwealth of Virginia. So I would appreciate it if you would extend a very warm welcome to the director of government relations who is ronald mcneil, and even though he is previously -- he has previously been recognized, there is also the former extraordinary and one of the most powerful delegates in the history of the commonwealth of Virginia, Mr. Allen diamondsteen is up there. I would extend my apologize to the boys and girls club for missing their reception this morning, but the Senator from Franklin kept me tied up and I did miss that reception. If you would extend a very warm welcome to them, please.
[Unknown]
Thank you, Senator. Would Mr. Ronald mcneil and Delegate alan diamond steen and any other members of the boys and girls club please rise. Thank you for being here. I enjoyed visiting with you. Thanks for all you do for our youth across the commonwealth of Virginia. As we said this morning, our children are our future. We appreciate all of your efforts. I can't help but take this opportunity to welcome you to the upper chamber of legislature. I'd ask the Senate to please join me in offering ronald mcdeal, honorable allen diamond steen and all the members of the boys and girls club alliance the warm welcome of the Senate. (applause).
Tommy Norment
The Senator from James city county, Senator Norment .
Tommy Norment
Thank you, Mr. President, a second introduction. I know that every member of this body is particularly proud and appreciative of the extraordinary system of higher education that we have in the commonwealth of Virginia, and one of the real stall worst -- stallworths is the community college system, and we're very pleased to have us today representatives from thomas Nelson community college. One of the things that all of the community colleges have been working on and particularly thomas Nelson is the workforce training programs, and through various industry partnerships, thomas Nelson has been able to respond to the community needs and expand the opportunities for multi-skilled technicians. Currently thomas Nelson is serving over 14,000 students in our area. They have quite a delegation with them today, Mr. President. But if you would please extend a very warm welcome to all of the representatives of thomas Nelson community college, which includes john deefer, the president, Mr. John mcmillan, the chair of the local board and a gentleman who served on the James city county board of supervisors with a much more distinguished career than I did, and that's the vice chairman, Mr. Bruce good son.
[Unknown]
Thank you, Senator, would members from thomas Nelson community college please rise? What a great group you have with us this afternoon. We appreciate you being here, and just as the Senator from James city county articulated, what an important part of our education process and workforce development the community colleges serve. So we appreciate all of your efforts, your contributions and to your students, we wish you the best in your educational endeavors. I'd ask the members of the Senate to please join me in offering members from thomas Nelson community college the warm welcome of the Senate. (applause).
Tommy Norment
Thank you, Mr. President. I rise for an introduction.
[Unknown]
The Senator has the floor.
[Unknown]
I'm pleased to let you know that today we have over 150 members and supporters of the Virginia housing alliance with us. They're here to talk to their representatives about the need to expand affordable housing and to end homeless here in Virginia. One part of this group is from my personal favorite charity of all time, and that's cornerstones. One thing I 'm sure we can all agree on here in the Senate is that decent affordable housing is not only important to family security and stability. It's also the cornerstone of healthy communities. I hope you'll give them the warm welcome of the Senate .
[Unknown]
Thank you very much, Senator. Would members from the Virginia House and alliance please rise. Thank you all so much for being with us and thanks for all the work that you all have done to make sure that everybody does have a roof over our Head. One of the groups that we sometimes don't mention is our veterans, and I know that you all have been very helpful in making sure that all of our veterans of this great country have homes to live in. So thanks for all your efforts. Thanks for being here today. I'd ask the members of the Senate to please join me in offering members from the Virginia housing alliance the warm welcome of the Senate. (applause).
[Unknown]
The Senator from Rockingham, Senator Obenshain .
Mark Obenshain
Mr. President, I rise for an introduction.
[Unknown]
The Senator has the floor.
Mark Obenshain
I hope that the guest I 'm going to introduce will forgive me for wearing my Virginia tech tie today, but it is hokie day in the capitol, and I wanted to make sure, Mr. President, that you and the other members were aware of that. And if you come into my office, you can see the Virginia tech football well het -- helmet proudly displayed in my office. So we won't forget about that. But Mr. President, my purpose in rising is to recognize another member of the higher education establishment here in Virginia, and frankly a new virginian. We in Harrisonburg are home to the Harrisonburg community are home to four colleges and universities. And one of them is a university with great and proud history, and that's eastern menen -- mennonite university, founded as the eastern mennonite seminary. Noting that it's Black history month, it's noteworthy that in 1948, eastern mennonite became one of the first southern colleges and universities to admit a Black student, and they are very proud of that part of their heritage. Also they contribute in a lot of ways to the diversity we have in Harrisonburg. You May not think of Harrisonburg as being a very diverse area. However, we have over 70 languages spoken in our city public schools. At eastern mennonite university, 75% of the faculty have lived or worked internationally, and they contribute a great deal to the vie -- diversity. They have a new president, Mr. President, Dr. Susan shultz hucksman is, as of January 1, the new president of eastern mennonite university. As of 2011 she was president of conrad grabel university in waterloo, canada. She did go to bethel college. I think that's in indiana, and graduated in 1982, and I 'm told that she played tennis and was point guard on the basketball team, as well. And Mr. President, she also taught at university of kansas. Mr. President, I would ask that you extend the warm welcome of the Senate to Dr. Susan shultz huxman and she's accompanied by lisa gadadi.
[Unknown]
Thank you. Please rise. Welcome. We're glad you chose to come to Virginia. What a beautiful area of the commonwealth you live in. Thanks for all you do for just as kind of an aside, the education. Senate plays the House each year in basketball, and we're always so if you can join us next looking for help. Session, we didn't fair as well as we wanted to this year, but there's always next year. So thank you for all you do. Ask I 'd ask the members of the Senate to please join me in offering Dr. Susan hucksman the warm welcome of the Senate. (applause).
[Unknown]
The Senator from women always burge, -- Williamsburg, Senator Mason .
[Unknown]
Thank you, Mr. President. I rise for purposes of an introduction.
[Unknown]
The Senator has the floor.
[Unknown]
Mr. President, we have with us today students from the william and mary law coastal policy Senator led by their director elizabeth andrews. We were fortunate to have you, as you remember, Mr. President, speak to the annual conference that was themed living with the water, water, which brought together a number of experts to discuss some of our most pressing issues facing Virginia 's coastal areas, changing development pressures, sea level rise, conflicting uses of water and depleting groundwater resources. They're also going to join us this afternoon in our agricultural conservation and natural resources committee to see how we make policy. Mr. President, I hope you will welcome these young students, and we can use their help.
[Unknown]
I will. Thank you, Senator. Would members from the william and mary coastal policy center class please rise. Thank you all for joining us this afternoon. As the good Senator from Williamsburg said, the sea level rise is something that we all have very aware of and that we all need to wrap our arms around, because it significantly affects Virginia and especially Hampton roads. So thanks for all the great work that you're doing. I'd ask the members of the Senate to please join me in offering our guests from william and mary the warm welcome of the Senate. (applause).
[Unknown]
The Senator from Henrico, Senator Dunnavant .
Siobhan Dunnavant
Thank you, Mr. President. I rise for the purposes of an introduction.
[Unknown]
The Senator has the floor.
Siobhan Dunnavant
Thank you. In the gallery today are nursing students from all across Virginia. They've joined us today to advocate for more than 100,000 registered nurses in Virginia, the largest group of health care professionals in the commonwealth, and Mr. President, it May not surprise you to know that when surveyed, patients often say they trust their nurses more than their doctors.
[Unknown]
Is that right?
[Unknown]
Yes, sir.
[Unknown]
Well, thank you. Thank you, Senator. Would members from the Virginia nurses association please rise. Thank you all for being here. I can attest that Dr. Dunnavant and I both realize the importance of nurses in our overall mission in carrying for our patients, and we thank you for all that you do to make Virginia a healthier place to live and raise our families. So we appreciate you being here this afternoon and advocating for the interests of our nursing profession. I'd ask the members of the Senate to please join me in offering members from the Virginia nurse's association the warm welcome of the Senate. (applause).
[Unknown]
The Senator from Roanoke city, Senator Edwards .
John Edwards
Mr. President, I rise for two introductions.
[Unknown]
Senator has the floor.
John Edwards
The first introduction, we have in the gallery one of our distinguished members of city council just elected last spring, michelle dikester. Her persuasiveness and eloquentness were instrumental this morning. I want to thank her for that. Also I learned this morning that michelle's mother, whom I 've known for many years, is a very close friend of the mother of the Senator from eastern Fairfax. And so, Mr. President, I would hope you would give michelle dikester, a very distinguished and warm welcome of the Senate .
[Unknown]
Thank you, Senator. Michelle, welcome. Thank you for making the trip. We all -- hope all is well that and appreciate your service. I'd ask the members of the Senate to please join me in offering michelle dikester the warm welcome of the Senate. (applause).
[Unknown]
And Mr. President.
[Unknown]
The Senator from Roanoke city.
[Unknown]
As the Senator from Rockingham County noted, the day is hokie day in the Senate, and hokie day on in the capitol. Mr. President, we have with us members of the student government association from Virginia tech in the gallery. The student government association was founded in 1966, and they celebrate their 50th anniversary last April, in 2016. The student government association is committed to facilitating student activities, promoting academic freedom and academic responsibility and acting as a liaison between the students, the faculty and the administration. The Virginia tech student governance association, Mr. President, is committed to fostering awareness of students' positions on the campus and in local, state and national communities, and I can tell you they do an outstanding job. So Mr. President, please join me in congratulating and welcoming members of the Virginia tech student government association.
[Unknown]
Thank you, Senator. Would members from the Virginia tech student government association please rise. Thank you all for being with us, and go hokies, right? Yeah. So I was just out in blacksburg on new year's eve. I officiated a wedding. What a beautiful campus you have there, and by the way, if anybody is interested in getting married, I 'm your man. So think of that. But just all kinds of educational opportunities that you have at Virginia tech. We wish you the best in your educational endeavors. I'd ask the members of the Senate to please join me in offering members from the Virginia tech hokies the warm welcome of the Senate. (applause).
[Unknown]
The senior Senator from Fairfax, Senator Saslaw .
Dick Saslaw
Mr. President, members of the Senate, I would hope, Mr. President, you could extend a welcome here today to a group from northern Virginia. It's the northern Virginia Black chamber of commerce, and I would ask that you extend a welcome to them to the Senate of Virginia .
[Unknown]
I will, Senator. Thank you. Would members from the northern Virginia Black chamber of commerce please rise. And thanks so much for your patience for being with us today. I enjoyed meeting with you this morning. Just as we talked about it, small businesses are the backbone of our economy in Virginia, and so we appreciate all that you do to contribute to economic development across the commonwealth. I'd ask the members of the Senate to please join me in offering members from the northern Virginia Black chamber of commerce the warm welcome of the Senate. (applause).
Dick Saslaw
And there May be some other guests that we have not recognized, but we certainly welcome you to our gallery today. Are there any other -- is there any other business for the morning hour? Seeing none, the clerk will please call the calendar.
[Unknown]
Senate calendar for Thursday, February 2nd, 2017, uncontested calendar Senate bills on third reading.
[Unknown]
The Senator from James city county, Senator Norment .
Tommy Norment
Good evening, Mr. President. I would respectfully move that all the Senate bills on the first reading -- cues me, on the third reading on the uncontested calendar, including all Senate bills on pages 1 through 4, including Senate bill 919 through Senate bill 1352 be placed on their final passage in the block. Any Senator that desires to remove a bill in the block and not pass it by for the day should please do so after the clerk has read the number of that bill.
[Unknown]
Thank you, Senator. The question, shall the Senate bills on the uncontested calendar third reading pages 1 through 4, Senate bill 919 through Senate bill 1352 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 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 bills.
Tommy Norment
National bill 919.
[Unknown]
The Senator from Roanoke city, Senator Edwards .
John Edwards
Mr. President, we have a couple of floor amendments.
Bill Howell
Senator, if you could just pull that out of the block, and then we'll come back to it, if it would be okay. Without objection, Senate bill 919 will come out of the block.
John Edwards
Senate bill 940, Senate bill 890, Senate bill 927, Senate bill 1288, Senate bill 1305, Senate bill 1310, Senate bill 1333, Senate bill 1352.
Bill Howell
Thank you, madam clerk. The question is, shall the bills in the block pass. That is all bills except for 919 on Page 1. 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? 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 bilings in the block pass. Returning to Page 1, national bill 919, the Senator from Rockingham, Senator Obenshain .
Mark Obenshain
Mr. President, I have two floor amendments. I'd like to withdraw both.
Bill Howell
Thank you, Senator. The Senator from Roanoke city, without objection, the floor amendments will be withdrawn. The Senator from Roanoke city.
Mark Obenshain
Mr. President, I have five floor amendments that have been distributed, and I would ask that we waive the reading of these.
[Unknown]
Senator, we're going to need to go back to the second reading, if we can.
[Unknown]
All right. I move that we suspend the rules and to reconsidering the engrossment and passage to the third reading, the Senate bill 919.
Bill Howell
Thank you, Senator. The question is, shall the vote by which Senate bill 919 was engrossed and advanced to its third reading 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 38, nos 0.
[Unknown]
Ayes 38, nos 0. The motion is agreed to. The Senator from Roanoke city.
[Unknown]
Mr. President, I move that we waive the reading of the five floor amendments.
[Unknown]
Thank you, Senator. The question is, shall the reading of the floor amendments be waived? All in favor of the motion will say aye. Those opposed, no. The ayes have it. The reading of the floor amendments is waived. The Senator from Roanoke city.
[Unknown]
Mr. President, these five simple floor amendments, three of which just a numbering amendments, makes this bill very simple. It just simply allows the city of any locality, when they have to demolish or repair structures on an emergency basis for blight or because of fire, whatever, to be able to obtain a lien on the property, which now is not authorized under existing law. So with that understanding, I move that the floor amendments be approved, and I believe we have agreement on this, be approved in block. The Senator from Rockingham ,
[Unknown]
Thank you, Senator. Senator Obenshain .
[Unknown]
We've been talking about this for a couple of days, passing it by for a couple of days. I think the Senator from Roanoke city, this does stress the concerns that some of us have been batting around, and I agree and concur with the passage of the floor amendments.
[Unknown]
Thank you. The question, shall the floor Senator. Amendments in block be agreed to. All in favor say aye. Those opposed, no. The ayes have it. The floors amendments are agreed to. The Senator from Roanoke city.
[Unknown]
I move that we suspend the rules and engross and pass the bill on to its third read.
[Unknown]
Guest: thank you, Senator .
Bill Howell
Thank you, Senator. The question is, shall the bill be engrossed and advanced to its third reading? As many as favor that motion, say aye. Those opposed, no. The ayes have it. The bill is engrossed and advanced to third reading. The Senator from Roanoke city.
[Unknown]
Now, Mr. President, I move that the constitutional reading be dispensed.
Bill Howell
Thank you, Senator. The question, is shall the rules be suspended and the third cons cons -- constitutional reading 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.
[Unknown]
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The motion is agreed to. The Senator from Roanoke city.
[Unknown]
Mr. President, I move that Senate bill 919 as amended be passed.
Bill Howell
Thank you, Senator. The question shall Senate bill 919 pass. Record their votes aye; those all in favor of the motion will opposed, no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The bill passes.
[Unknown]
Regular calendar, Senate bills on third reading, Senate bill 1128, a bill relating to the Virginia freedom of information act; failure to respond to request for records; rebuttable presumption.
[Unknown]
Mr. President, can Senate bill 1128 go by for the day?
Bill Howell
Without objection, Senate bill 1128 will go by for the day.
[Unknown]
Senate bill 1441, a bill relating to absentee vote; eligibility of persons whose polling place prohibits firearms.
[Unknown]
The senior Senator from Richmond city, Senator surround vanity.
[Unknown]
I move the bill pass and speaking to that bill.
[Unknown]
The Senator has the floor.
[Unknown]
Mr. President, Senate bill 1441 is an absentee voting bill. It entitled any person who May otherwise lawfully carry a firearm to vote absentee if their polling place is located in what is essentially a gun-free zone or other private property that does not allow firearms.
Bill Howell
Thank you, Senator. The question is, shall Senate bill 1441 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 25, nos 14.
[Unknown]
Ayes 25, nos 14. The bill passes.
[Unknown]
Senate bill 1077, a bill relating to issuance of disabled parking placards.
[Unknown]
The senior Senator from Bath County, Senator Deeds .
Creigh Deeds
Mr. President, I move the bill pass. You will recall that this is a bill we had some discussion about yesterday. This bill doesn't expand the types of conditions or disorders for which somebody May already qualify for disability placard. The law already has provisions for mental impairments. This bill simply expands the list of professionals who can sign an application on behalf of a patient. Under existing law, a patient would need to schedule an additional appointment with positions, using time, money, and a physician's valuable time, simply to comply with the law, all to obtain a signature from someone, who while a valuable partner in the overall health of the patient is not the practitioner treating the patient for the qualifying condition. And as I explained to you yesterday, this bill was brought to me by a lady who was kidnapped by a serial killer. She was kidnapped from a parking building, and she has a particular issue with parking. She sees a licensed clinical social worker, and I guess in an ideal world, she would see her doctor as well on a regular basis, but we don't live in an ideal world and this is where she gets her care.
[Unknown]
Thank you, Senator. Senator from Favola .
Creigh Deeds
Thank you, Mr. President, speaking to the motion that the bill pass.
[Unknown]
Senator has the floor.
[Unknown]
I encourage the ladies and gentlemen of the Senate to support this measure. I just remind the Senate that there are several medical professionals who can actually make this determination about whether a handicapped placard is available and a mental health professional would fall in line with those who are already qualified to make this we have a physician assistant, a determination. Nurse practitioner, a chiropractor and a podiatrist. A mental health worker, I think, would certainly qualify and be able to apply the criteria that already exists in the law. I do want to say that some constituents did visit me after hearing the debate on the amendment yesterday and indicated that conditions such as posttraumatic stress syndrome, as individuals are -- if there's a trigger that goes offer in their psyche, which could cause pretty negative behavior, perhaps in an unlit garage or in a parking lot that May be unlit, there could also be potential victims of sexual assault, who, because of the nature of the assault or where it happened, certainly could be park in a parking lot at the back of the lot. So these are just some real life examples of how individuals have situations that certainly would qualify. They should be able to achieve the placard by going to a reasonable and accessible process, and mental health providers are much more accessible than other medical professionals. So I really urge the Senate to pass this. Thank you.
[Unknown]
Thank you, Senator. The Senator from Henrico, Senator Dunnavant .
[Unknown]
Yes, thank you, Mr. President. Speak to the bill.
[Unknown]
The Senator has the floor.
[Unknown]
So I think we should be very, very careful here to not displace our empathy for people who might need the placard with what is going on in this piece of legislation. I think everybody in this body is very empathetic to the needs of somebody that might have more than physical issues that make it difficult for them to park in distant places. What this bill is doing is making a dramatic change in who has the ability to make that designation, and to my knowledge, mental health professional is not very clearly defined in the code in any way. Is it possible that csb providers could write these -- you know, could fill out these requests for the Black -- placard? I think we have a process that is in place with health professionals that are perfectly capable of filling out this form and submitting the information and in this case, you know, we May just consider letting everybody fill out their own if we're going to make it so general as to say mental health providers. Thank you, Mr. President.
[Unknown]
Thank you, Senator. The senior Senator from Bath County, Senator Deeds .
Creigh Deeds
Mr. Chair, the reason the amendment was drawn the way it was was mental health professional, which is what the amendment refers to, the substitute refers to, is defined in 54.1-2400.1. It includes licensed professional counselors, licensed clinical social workers, licensed clinical psychologists and other people who are licensed, and so it's very well defined in the code of Virginia, and I would suggest that the difference and that and mental health providers, which is also defined in the code is that a professional is someone who is licensed, like the other people who are authorized to sign these consent forms in the code. And I would ask you to pass the bill.
[Unknown]
Thank you, Senator. The Senator from Rockingham, Senator Obenshain .
Mark Obenshain
Mr. President, I would ask if the gentleman would yield for a question.
[Unknown]
Would the Senator from Bath used for a question?
Mark Obenshain
Mr. President, I would ask whether mental health care professionals includes all licensed health care professionals.
[Unknown]
The Senator from Bath .
[Unknown]
More than 70% of psychotropic medication in this country is prescribed by general practitioners, so I would think it could apply to anyone who is licensed, yes.
[Unknown]
Mr. President.
[Unknown]
Senator from Rockingham .
[Unknown]
I would further ask whether or not he'd yield for a further question.
[Unknown]
Yes, sir.
[Unknown]
Would it apply to nurses?
[Unknown]
Senator from Bath .
[Unknown]
I'm not certain whether it would apply to nurses, but I know the licensed nurse practitioners are already allowed to sign these consent forms.
[Unknown]
Senator from Rockingham .
[Unknown]
Further question. If the gentleman is not sure whether it would apply to nurses, who are licensed nurses in a -- practicing in a mental health care clinical setting, I wonder whether the gentleman could tell us whether it would apply to licensed practical nurses or even cna's.
[Unknown]
The Senator from Bath .
[Unknown]
I would say to the gentleman that code section referred to 54.1, 2001, breaks down professionals and separates professionals from providers, and professionals are licensed clinical counselors, licensed clinical social workers, licensed clinical psychologists, licensed doctors of medicine or as a mental health professional. Osteopathic medicine qualified so that part is pretty significant. The other people May be providers, but they're not covered in this bill.
[Unknown]
Senator from Rockingham .
[Unknown]
The list that the gentleman just read, it's defining the term with the term that's in the definition, licensed mental health professionals. Mr. President, I just would submit that we have no idea what this opens it up too, and I just would submit that this is not a prudent move.
Bill Howell
Thank you, Senator. The question is, shall Senate bill 1077 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 20, nos 20.
[Unknown]
Ayes 20, nos 20. The chair votes yes. The bill passes.
[Unknown]
Senate bill 1395, a bill relating to small renewable energy products, environmental permits by rule process.
[Unknown]
The senior Senator from Virginia beach, Senator Wagner .
Frank Wagner
Thank you, Mr. President. Senate bill 1395 modifies the existing permit by rule for renewable energy projects around the state. It increases the permit by rule limitation to 150 megawatts, and it's been as a result of a commission or group of stakeholders from all sides it's one of their agreement getting together. Projects. With that explanation, I ask the bill pass.
Bill Howell
Thank you, Senator. The question is, shall Senate bill 1395 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.
Frank Wagner
Ayes 36, nos 3. Rule 36-1.
[Unknown]
Ayes 36, nos 3, rule 36-1. The bill passes.
[Unknown]
Senate bill 1066, a bill relating to petition for writ of actual innocence.
[Unknown]
Senior Senator from Bath County Senator Deeds .
Creigh Deeds
Mr. President, I move the bill pass and speaking to the bill.
[Unknown]
Senator has the floor.
Creigh Deeds
You said current law, people convicted of class 1 and class 2 felonies and serving life sentence can apply for an actual writ of innocence and certain other felons, when pled not guilty, can apply for a writ of actual innocence to the supreme court if there is biologic evidence that shows they aren't guilty. What this bill does, very simply, is makes that writ available to anyone convicted of a felony. If there's biological evidence that shows they are not guilty, they can apply to the court for a writ of actual innocence.
Bill Howell
Thank you, Senator. The question is, shall Senate bill 1066 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 24, nos 16.
[Unknown]
Ayes 24, nos 16. The bill passes.
[Unknown]
Senate bill 1152, a bill relating to parole eligibility for certain offenders convicted of felony offense committed while juveniles.
[Unknown]
The Senator from western Fairfax County, Senator Marsden .
Dave Marsden
Thank you, Mr. President. I move that the bill pass. Speaking to the measure.
[Unknown]
The Senator has the floor.
Dave Marsden
Thank you, Mr. President. This bill has been evolving over the past 12 years. What this legislation seeks to do is align the Virginia code with the supreme court and appeals court decisions regarding the sentencing of juveniles. As amended in committee, this makes it possible for a juvenile convicted of a felony and sentenced to 25 years or more after they have served at least 25 years of their sentence be eligible for parole. This is an eligibility, an opportunity, certainly no guarantee of release. The united states supreme court in multiple cases has ruled that juveniles must be treated differently from adults when it comes to being sentenced life without parole. The supreme court held it's unconstitutional to impose capital punishment for crimes committed by a juvenile. We certainly knew at that point in time that juveniles should be considered differently. In 2010, the u.S. Supreme court ruled in graham versus florida that the eighth amendment prohibits life without parole for juveniles in nonhomicide offenses. Instead there must be a realistic and meaningful opportunity to obtain release. In 2012, the u.S. Supreme court ruled in Miller versus alabama that mandatory sentences of life without the possibility of parole for a juvenile in a homicide case violated the eighth amendment, stating that the a sentencing procedure must consider the juvenile's youth, status, mitigating factors and that life without parole should be used in the rarest of occasions. In 2016, the u.S. Supreme court in Montgomery versus louisiana ruled that Miller was retroactive, and any juvenile given a mandatory sentence of life without parole needed to be provided a resentencing hearing or be provided an opportunity at parole, and it reiterated that life without parole ought to be reserved for those who are found to be irredeemable. Because Virginia law eliminated parole in 1995, our code is inconsistent with the graham, Miller and Montgomery decisions. In response to the u.S. Supreme court in graham, the Virginia supreme court ruled in angel versus the commonwealth that geriatric parole sufficed as a remedy. That meant eligibility at age 6 0 and that this satisfied those conditions. However, in the leblanc case, that was decided about two weeks ago, the federal courts in both the eastern district of Virginia and the fourth circuit court of appeals ruled that geriatric parole did not satisfy the graham and Miller and Montgomery requirements. No appeal has been filed to that decision. And just in the last couple of weeks, the judge of the united states district court in the eastern district of Virginia ordered resentencing hearing based on the leblanc case and has ordered the case back for a resentencing. Of course, Mr. President, this means dragging the family of victims back into court and relitigating this matter. So this is where we are today, with years of appeals behind us and likely years more of resentencing hearings to come unless the general assembly acts. The message from the federals courts and cleared. Juveniles must be considered differently than adults and states must change their sentencing structure and provide a remedy for those whose rights have been violated. In Montgomery versus louisiana, the courts suggested that parole was the preferable way to resolve this arab as -- issue as a resentencing hearing was extentive and difficult to the victims. This would provide a parole hearing for any juvenile sentenced to more than 25 years after they have served their sentence. The original bill, Mr. Speaker, was 20 years. In the Virginia, class 2 is 20 years to life. This exceeds that. So this legislation also strengthens the directions to the parole board requiring the graham language consider maturity and rehabilitation as a standard. At any rate, it's time we have to make this decision. I apologize for taking up the body's time, but this is complicated legislation. This is serious policy decision. Thank you, and I move that the bill pass.
[Unknown]
Thank you, Senator. The Senator from Rockingham, Senator Obenshain .
Mark Obenshain
Mr. President, I rise in support of this bill, and would point out a couple of things. No. 1, the gentleman is right f we don't do this, the federal courts are going to substitute their judgment for us. No. 2, this is not automatic. It does not create automatic release after 25 years. It simply requires a hearing after 25 years. Third, it sets standards, strict standards, requiring not only a demonstration of maturity, but also a demonstration of rehabilitation. It was drawn tightly. It is supported by the Virginia association of commonwealth's attorneys, and if we want to control our destiny in this regard as opposed to some lifetime appointee for the federal bench, this is probably something that is due.
[Unknown]
Thank you, Senator. The Senator from James city county, Senator Norment .
Tommy Norment
Thank you, Mr. President. I supported the bill in committee after listening to that extensive historical recenter station of -- recitation of it. After listening to it again this morning, I 've decided I don't understand it and will vote against it.
Bill Howell
Thank you, Senator. The question is shall Senate bill 1152 pass. All in favor of the motion will record their votes aye; those ready to vote? Opposed, no. Are the senators have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
Tommy Norment
Ayes 28, nos 12.
[Unknown]
Ayes 28, nos 12. The bill passes.
[Unknown]
Senate bill 1172, a bill relating to fair enforcement inspectors.
[Unknown]
The Senator from Petersburg, Senator Dance .
[Unknown]
Thank you, Mr. President. I move the bill pass and speaking to the bill.
[Unknown]
The Senator has the floor.
[Unknown]
This bill would provide for the appointment of fair enforcement inspectors to enforce payment of fares for youth of mass transit facilities operating anywhere in the commonwealth of Virginia. Currently fare enforcement inspectors May be appointed only in planning district 8. And they received this right in 2014, and this bill would allow others, those localities that wish to do so with the transit system are to create such position. Mr. President, we didn't hear any opposition from stakeholders in committee, and several of the commonwealth transit operators from Richmond and Norfolk were there to speak on the need for this fare enforcement inspection. I'm trying to be brief. I move the bill pass.
[Unknown]
Thank you, snow.
Bill Howell
The question is, shall Senate Senator. Bill 1172 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 30, nos 10.
[Unknown]
Ayes 30, nos 10. The bill passes.
[Unknown]
Senate bill 1188, a bill relating to driver's license suspensions for certain nondriving related offenses.
[Unknown]
Senator from Roanoke city, Senator Edwards .
John Edwards
Mr. President, I move that the bill pass, and by way of explanation.
[Unknown]
Senator has the floor.
John Edwards
Mr. President, Senate bill 1188 simply provides for the elimination of the suspension of a driver's license for nondriving related offenses, such as some drug offenses, for example. And it would also remove the suspension of driver's licenses for failure to pay a court cost and a fine again in nondriving-related cases, such as trespass or shoplifting. Three considerations, Mr. President. First of all, the general principle of law that the punishment should fit the crime I think is common sense, and for suspending a license for a nondriving related offense just doesn't make sense. Secondly, Mr. President, is the principle, the reality that many people have to drive to work in order to pay the fines and the costs to support their family, and unfortunately, many people find themselves, poor people especially, in a dilemma. Either you go to work, support your family, pay your fines, or you go ahead and drive on a suspended license and then maybe get caught and then there's a vicious cycle for people who are poor. So Mr. President, it makes all the sense in the world that we go back to the way the law used to be and not have a suspension of license in these situations. Mr. President, we have in Virginia now over 200,000 persons whose licenses are suspended for nondriving related convictions, and I 'm told that there are over 600 -- additional 650,000 people whose licenses are suspended only for nonpayment of costs and fines. So Mr. President, with that explanation, I move that the bill pass.
Bill Howell
Thank you, Senator. The question shall Senate bill 1188 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 26, nos 14.
[Unknown]
Ayes 26, nos 14. The bill passes.
[Unknown]
Senate bill 1227, a bill relating to the drug treatment court act; eligibility.
[Unknown]
The Senator from southern Fairfax County, Senator Barker .
George Barker
Mr. President, I move that Senate bill 1227 pass and speaking to the bill.
[Unknown]
Senator has the floor.
George Barker
Mr. President, members of the Senate, what this bill does is results in one additional category of individuals who are potentially eligible to go to -- have cases heard in drug courts. It is individuals who have broken into a House, a dwelling that is occupied, with the intent to commit any misdemeanor other than assault and battery or trespass, and without a deadly weapon being there. Drug courts have been extraordinarily successful, substantially reduced costs to the commonwealth, and the localities with lesser incarceration have very low recidivism rates, and this one category of individuals, the local commonwealth's attorney would still have absolute veto power on who goes into drug court, but it would at least allow the local commonwealth's attorney if she choose to handle it in drug court.
Bill Howell
The question is shall 1227 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 40, nos 0.
[Unknown]
Ayes 40, nos 0. The bill passes.
[Unknown]
Senate bill 1342, a bill relating to district courts attorney fees.
[Unknown]
The Senator from eastern Fairfax County, Senator Surovell .
Scott Surovell
Thank you, Mr. President. I move the bill pass, and speaking to the bill.
[Unknown]
Senator has the floor.
Scott Surovell
Thank you, Mr. President. Senate bill 1342, ladies and gentlemen, is a bill which basically clears up a jurisdictional question in general district court. Our general district courts only have jurisdiction over cases worth $25,000 or less. This makes clear that if you're claiming attorneys fees it can be attorneys fees out of either a contract or a statute and not just a contract. It also makes it clear how attorneys fees are considered if somebody appeals from general district court to circuit. I would hope the body would approve the bill.
[Unknown]
Thank you, Senator. The Senator from Hanover, Senator McDougle .
Ryan McDougle
Thank you, Mr. President, rising to speak against the bill.
[Unknown]
The Senator has the floor.
Ryan McDougle
Mr. President, I actually thought that part of the attempt in this bill was very good, to clarify what is needed in order to appeal and at what point you could do that. The part that I had a concern about is -- and for those of you who don't practice, you might not be aware of this. In Virginia we have a right to a trial de novo from district court to circuit court, meaning anything can be appealed circuit court and get a new trial just like the first one never occurred. But you have to be able to appeal. If this bill is to pass in its current form, that means that you have to post a bond for not only what the judgment was in district court, but also for the attorneys fees that were awarded in district court. Mr. President, we've had a long-standing policy about allowing or requiring that a bond be posted for the actual judgment amount just to make sure that individuals who owed money did not prolong the process unnecessarily. But Mr. President, I have some real substantive concerns that we're going to see an award of attorneys fees are going to be what could be a bar to you appealing the case to circuit court, because those are not limited to that 25,000. They could be 5,000. They could be 10,000, could be 15,000. Mr. President, I do think that that substantively changes how we deal with these appeals and is the reason I 'm going to be voting no and would ask the members to, as well.
[Unknown]
Thank you, Senator. The Senator from eastern Fairfax County, Senator Surovell .
Scott Surovell
Thank you, Mr. President. I appreciate the gentleman's concern. I would just say to the body that there are courts that are already requiring attorneys fees to be included as part of the there are just some judges that bond. Weren't sure if they had the authority or not the way the code currently existed, and so from my perspective, by making it clear in the code that attorneys fees are, in fact, part of your damages, it makes it clear. Just so the body has an understanding of what we're talking about here, sometimes you might bring a lawsuit against somebody for what might be a small amount of money, maybe 2, 3, 4, $5,000. The other side litigates it very vigorously and you end up running up a 10 or $15,000 bill, which your contract -- a lot of businesses have attorneys fees in their contract. There are also statutes allowing you to recover attorney fees. They run up a big bill and you get that as part of your award. This simply says, if you're going to litigate this to death, defend it to death, then if you want to appeal it at the circuit court and keep it going, you should have to post up cash in that amount if you want to keep that lawsuit going. That's consistent with our existing policy in the state and has been for a long time. I urge the body to pass the bill.
[Unknown]
Thank you, Senator. The senior Senator from Loudoun County, Senator Black .
Dick Black
Thank you, Mr. President. You know, I had intended to vote in favor of this bill until listening to the remarks of the gentleman from Hanover. The trial de novo is such an elemental piece of our system of justice that I think anything that puts it at risk, anything that impedes the use of it is really sort of a fundamental alteration in the way that we do the general district courts are justice. Sort of the every man's court. They're the place for commondy commondy -- common disputes to be resolved and hopefully to be resolved in a way that does not overly tax the lit gats. That's one of our huge problem. It costs so much money to go through court. I reluctantly will change my vote to no because I really do not want to see anything that increases the burden on the ordinary litigant. Thank you.
[Unknown]
Thank you, Senator. The Senator from Fairfax city, Senator peterson.
[Unknown]
Thank you, Mr. President. Rise to speak to the bill.
[Unknown]
Senator has the floor.
[Unknown]
Mr. President, ladies and gentlemen, I hesitate to support my law partner on this, but he's right. Basically what happens in a gdc case is if you win the case, the other side has a right to have an entirely new trial at the circuit court, but they have to bond out the result. Now, the result is up to 25,000, and then you can be awarded attorneys fees on top of that. Quite frankly, up in our part of the state, judges already require the bond to cover that part, so what he's trying to do is clarify. But here's the point. If you get a judgment for up to $25,000 and you get an attorneys fees award on top of it and typically it's in a contract base situation where the attorneys fees will be a portion, maybe it's 25% or 20% of the overall amount. You're already going to go out and get a bond. And you put up 10%. So 10% of 25,000, 10% of 30,000 or 10% of $31,500. The actual effect is not that much to the debtor. It does make a difference, however, to the creditor, because if you don't get that part secured and you win the case in circuit sort, you've then got to go into a garnishment proceeding to get the ball -- balance of the money. You're going to have to spend $3,000 to get $5,000. You're better off having a full security on the judgment on the front end rather than having to file multiple lawsuits to get the money back. This is more explanation than what's needed. But really this is just trying to simplify litigation by having one bond required and not multiple bonds. Thank you.
[Unknown]
Thank you. The Senator from Stafford, Senator Stuart .
Richard Stuart
Thank you, Mr. President. Speaking to the bill.
[Unknown]
The Senator has the floor.
Richard Stuart
Mr. President, I just stand to concur with the two gentlemen from Fairfax. They've said everything that I think needs to be said. There's been a little more made out of this than really needs to be made, but there's one important thing that everybody really needs to remember. The judge actually determines what a reasonable amount of attorneys fees is, and the judge says that amount in the case. The judge is not going to set an amount that's a burden to anybody if they have to include it in the appeal bond. With that, I hope we pass the bill.
[Unknown]
Senator from northern Chesapeake, Senator Spruill .
Lionell Spruill
Mr. President, I 'd like to know, can someone who is a lawyer explain to me, is this a bill for lawyers to make money? If not, I need to know exactly how to vote. I'm trying to understand. I noticed all lawyers are talking. So can someone explain to me, I need to know, what about a person like me who's not a lawyer. Can someone explain to me, is this a lawyer's bill or a bill to help me? Please, anybody.
Bill Howell
Senator, the floor has gone quiet. It's time to vote. The question is, shall Senate bill 1342 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.
Lionell Spruill
Ayes 26, nos 14.
[Unknown]
Ayes 26, nos 14. The bill passes.
[Unknown]
Uncontested calendar, Senate bills on second reading.
[Unknown]
Senator from James city county, Senator Norment .
Tommy Norment
Thank you, Mr. President. I would remind everyone that these are the Senate bills on the second reading on the uncontested calendar, which would be my intention to take all the way through passage subject to a single exception. Mr. President, I respectfully move that all Senate bills on the second reading on the uncontested calendar, including all Senate bills on pages 8 through 17, including Senate bill 1551 through Senate bill 1483 be engrossed and advanced to the third reading in the block after the adoption of any amendments. Any Senator who desires to remove a bill from the block should please do so after the clerk has read the number of that bill.
[Unknown]
Thank you, Senator. The question is, shall all Senate bills on second reading on the uncontested calendar, pages 8 through 17, Senate bill 1551 through Senate bill 1483, 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 will do so after the clerk has read the number of the bill., those opposed, no. All in favor say aye. The ayes have. It the motion is agreed to.
Tommy Norment
Senate bill 1551, reported from the committee on finance
[Unknown]
The Senator from Bedford, with a substitute. Senator Newman .
Steve Newman
Mr. President, I move that the substitute be agreed to.
[Unknown]
The question is, shall the committee substitute be agreed to? As many as favor that motion, say aye. Those opposed, no. The ayes have it. Substitute is agreed to.
Steve Newman
Senate bill 800 reported from the committee for courts of justice -- I 'm sorry, commerce and labor with a substitute.
[Unknown]
The Senator from Franklin County, Senator Stanley .
Bill Stanley
Thank you, Mr. President. I move the committee substitute be agreed to.
[Unknown]
The question is shall the substitute be agreed to. All in favor say aye. Those opposed, no. Ayes have it. Substitute is agreed to.
Bill Stanley
Senate bill 839, reported from the committee on commerce and labor with substitute.
[Unknown]
The senior Senator from Richmond city, Mr. Sturtevant.
Glen Sturtevant
The question is shall the committee substitute be agreed to.
[Unknown]
All in favor say aye. Those opposed, no. The ayes have it.
Glen Sturtevant
Senate bill 389, reporting from the Senate bill on chance.
[Unknown]
Mr. President I would ask that the committee substitute be agreed to.
[Unknown]
The question is, shall the substitute be agreed to. All in favor of the motion is a aye. The substitute is agreed to.
[Unknown]
Senate bill 982, reported from committee on finance --.
[Unknown]
President.
[Unknown]
The Senator from Alexander, Senator Ebbin .
Adam Ebbin
Could Senate bill 982 come out of the block.
[Unknown]
Come out of the block or vote on it?
Adam Ebbin
We'll do that later. We'll come back to you.
[Unknown]
Senate bill 1060, reported from the committee of courts of justice with a substitute and from the committee on finance with a substitute.
[Unknown]
The senior Senator from Loudoun, Senator Black .
Dick Black
Thank you, Mr. President. I recommend with a recommendation that we reject the court substitute, I recommend that the committee substitute be adopt glood thank with the recommendation that the you, Senator. Substitute be rejected, the question is, shall the substitute be agreed to? All in favor of those, say aye. Those opposed, no. The nos have. The substitute is rejected. The senior Senator from Loudoun .
[Unknown]
Thank you, Mr. President. I now move that the substitute, the finance substitute be accepted.
Dick Black
You thank you. Senator. The question is, shall the finance committee substitute be agreed to. All in favor say aye. Those opposed, no. The ayes have. It substitute agreed to.
[Unknown]
Senate bill 1118, reported from the committee on finance. Senate bill 1165 reported from the committee on finance. Senate bill 1168, reported from committee on finance.
[Unknown]
Senate bill 1182 reported on the committee for general laws and technology with substitute.
[Unknown]
The Senator from Spotsylvania, Senator Reeves .
Bryce Reeves
Thank you, Mr. President, I move the committee substitute.
[Unknown]
Thank you, Senator. The question is shall the committee substitute be agreed to? All in favor say aye. Those opposed, no. The ayes have it. The substitute is agreed to.
Bryce Reeves
The submit bill 1193.
[Unknown]
The Senator from Stafford, Senator Stuart .
Richard Stuart
Thank you, Mr. President. I move the substitute be adopted.
[Unknown]
The question, shall the substitute be agreed to? All in favor of the mowing, say a. Those opposed, no. Substitute oo intreed -- agreed to.
Richard Stuart
Senate bill 1300, reports from finance with amendment.
[Unknown]
Thank you. I move the oo amendment be agreed to.
[Unknown]
All in favor say aye. Those opposed, no. Ayes have it. Committee agreement is agreed to.
[Unknown]
Senate bill 1322, reporting from committee on finance with substitute.
[Unknown]
The Senator from Grayson County, Senator Carrico .
Bill Carrico
I move the committee substitute.
[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.
Bill Carrico
Senate bill 1374, reported from the committee on general laws and technology. Senate bill 1418, reported from the committee on commerce and labor with amendments.
[Unknown]
The Senator from Russell County .
[Unknown]
I move the amendments be agreed to.
[Unknown]
All in favor of the motion will say aye. Oppose pose. Ayes have it. The committee agreements are agreed to.
[Unknown]
Senate bill 1427 reporting from committee on exns. Senate bill 1444, reported from the committee for courts of judge of justice, and for from the committee on finance with substitute.
[Unknown]
The Senator from Russell County, Senator Chafin .
Ben Chafin
Mr. President, I move that the committee substitute be agreed to.
[Unknown]
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.
Ben Chafin
Senate bill 1459, reported from the committee on finance with substitute.
[Unknown]
The Senator from Roanoke city, Senator Edwards .
John Edwards
Mr. President, I move the committee substitute.
[Unknown]
Thank you, Senator. The question is, shall the committee substitute be agreed to. All in favor say aye. Those opposed, no. The ayes have. It the butte owe substitute is agreed to.
John Edwards
1473, report from committee on commerce and labor with amendments.
[Unknown]
The senior Senator from Fairfax County, Senator Saslaw .
Dick Saslaw
Mr. President, I would move that the committee amendments be agreed to.
[Unknown]
Thank you, Senator. The question is shall the committee amendments be agreed to. All in favor of the motion will say aye. Those opposed, no. The ayes have it. The committee amendments are agreed to.
Dick Saslaw
Senate bill 1479, reported from the committee on finance.
[Unknown]
Senate bill 1483 reported from the committee on general laws and technology.
[Unknown]
Thank you, madam clerk. The question is --.
[Unknown]
Mr. President.
[Unknown]
Yes. Senator from southern Fairfax County .
[Unknown]
Yes. Could Senate bill 800 on Page 9 come out of the block and by for the day.
[Unknown]
Without objection, Senate bill 800 will come out of the block and by for the day. Thank you, Senator. The question is, shall the Senate bills be engrossed and advanced to their third reading. That is all bills except for 800 on Page 9. 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. The Senator from James city county, Senator Norment .
Tommy Norment
Thank you very much. Ladies and gentlemen of the Senate, all of those bills with the exception of Senate bill 800 on Page 9, are now on the third reading, so I would respectfully move that all of the uncontested bills on the third reading on pages 8 through 17, including Senate bill 1551 through Senate 1483 with the exception of Senate bill 800 on Page 9 that the rules of the Senate be suspended and that the third constitutional reading of the titles be dispensed with.
Bill Howell
Thank you, Senator. The question is, shall the rules be suspended and the third reading of the titles of the bills be dispensed with? All in favor of the motion will record their votes aye. Those opposed, no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
Tommy Norment
Ayes 14, nos 0.
[Unknown]
Ayes 40, nos 0. The reading of the titles is dispensed with. The bills are now before the Senate on final passage. The Senator from James city county, Senator noarmt.
[Unknown]
Thank you, Mr .Ment. I would now move that all the Senate bills on the third reading on the uncontested calendar, including all Senate bills on pages 8 through 17, which would be Senate bill 1551 through Senate bill 1483 be placed on the final passage in the block. Any Senator who May desire to remove a bill from the block should please do so after the clerk has read the number of that bill and once again, Mr. President, that would exclude Senate bill 800 on Page 9, and I would respectfully ask that Senate bill 982 on Page 10 be removed from that block, sir.
[Unknown]
Thank you, Senator .
[Unknown]
The question is, shall the Senate bills now on the uncontested calendar third reading, pages 8 through 17, Senate bill 1551, through Senate bill 1483 with the exception of Senate bill 80982 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 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 bills.
[Unknown]
Senate bill 1551, Senate bill 839.
[Unknown]
Excuse me, madam clerk. The junior Senator from Loudoun, Senator Wexton .
[Unknown]
Mr. President, could Senate bill 1551 please come out of the block.
Bill Howell
Without objection, Senate bill 1551 will come out of the block.
[Unknown]
Senate bill 839, Senate bill 889, Senate bill 966, Senate bill 1060, Senate bill 1118, Senate bill 1165, Senate bill 1168, Senate bill 1182, Senate bill 1193, Senate bill 1300.
[Unknown]
Mr. President.
[Unknown]
The junior Senator from Loudoun, Senator Wexton .
[Unknown]
Could Senate bill 1300 come out of the block, please.
Bill Howell
Without objection, Senate bill 1300 will come out of the block.
[Unknown]
Senate bill 1322, Senate bill 1324, Senate bill 1418.
[Unknown]
Mr. President.
[Unknown]
The Senator from Fairfax city, Senator peterson.
[Unknown]
Can Senate bill 1418 come out of the block and by for the day.
Bill Howell
Without objection Senate bill 1418 out of the block and by for the day.
[Unknown]
Senate bill 1427,.
[Unknown]
The junior Senator from Richmond city, Senator McClellan .
[Unknown]
Mr. President, could Senate bill 1427 come out of the block.
Bill Howell
Without objection, Senate bill 1427 will come out of the block.
[Unknown]
Senate bill 1444. Senate bill 1459. Senate bill 1473.
[Unknown]
Mr. President.
[Unknown]
The Senator from Roanoke County .
[Unknown]
Can Senate bill 1473 come out of the block?
Bill Howell
Without objection, Senate bill 1473 will come out of the block.
[Unknown]
Senate bill 1479. Senate bill 1483.
Bill Howell
Thank you, madam clerk. The question is, shall the bills in the block pass, all bills except for Senate bill 8982, 1551, 13 lun, 1418, 1427, and 1473. All in favor of 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.V?
[Unknown]
Ayes 40, nos 0.1yñ?Ñ returning to Page 8 of the calendar, Senate bill 1551, the Senator from Bedford, Senator Newman .
Steve Newman
Mr. President, I move that the bill pass, and speaking to that motion.
[Unknown]
Senator has the floor.
Steve Newman
Mr. President, as amended and by the substitute in finance, the bill simply allows the general assembly the opportunity to have a review over the senators.
[Unknown]
Thank you, Senator .
Bill Howell
The question is, shall Senate bill 1551 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 39, nos 1.
[Unknown]
Ayes 39, nos 1. The bill passes. Moving forward to Page 13, -- so Page 10, Senate bill 1982. The Senator from Franklin County, Senator Stanley .
Bill Stanley
Could afternoon, Mr. President. I move that Senate bill 982 pass, and speaking to that motion.
[Unknown]
The Senator has the floor.
Bill Stanley
Thank you, Mr. President, members of the Senate. Senate bill 982 simply does this: right now we have a motion picture production tax credit, and that goes until 2019. The amount of that tax credit is 6.5 million. It changes the sunset date from 2019 to 2022. This has been a very important tax credit to bring not only motion picture productions here to the commonwealth of Virginia but also tv shows. One such tv show is mercy street. The other one turn. Just by way of example, from the pilot season of season 4, the Washington spice series there on amc had 142 million-dollar budget, spent in Virginia $128 million, Virginia parole of $31 million and hired 1804 virginians. This is one of those tax credits that not only is worthy, it makes back much more than what we give out. So based on those reasons, I renew my motion that Senate bill 982 pass.
[Unknown]
The Senator from Alexandria, Senator Ebbin .
Adam Ebbin
Thank you, Mr. President. Speaking briefly against the bill.
[Unknown]
The Senator has the floor.
Adam Ebbin
I would just say, while I want a healthy film industry to come to Virginia, I 'm not sure that this bill is a cost effective way to do that. There have been studies that show for every dollar granted in credits, state and local governments received only about 10 cents in tax revenue in return. This is in another state, maryland, but we want permanent lasting employment, rather than temporary jobs, and often these subsidies were awarded to companies for productions they might have done anyway. In Virginia, the best jobs go to nonresidents, and the subsidies, as I said, are not proven to pay for themselves. I think that we could perhaps use tax credits to cover industries that we know will create better and long lasting permanent jobs. With that, I ask that we vote against the bill.
[Unknown]
Thank you, Senator. The Senator from Petersburg, Senator Dance .
[Unknown]
Thank you, Mr. President. Speaking to the bill.
[Unknown]
Senator has the floor.
[Unknown]
Mr. President, even though mercy street says it's from Alexandria, where my colleague is coming from, is actually filmed in Petersburg, as well as turning, and Mr. President, for a city that is not as economically sound as that other city, it does make a difference. It does bring recognition. It does bring people to the community to make a difference, and I 'm sure there are others that could say the same, but I can personally say for those for turning and mercy street filmed in Petersburg, Richmond, surrounding areas, it does make a difference, and I think it's worthwhile.
Bill Howell
Thank you, Senator. Thank you. The question is shall Senate bill 982 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? Their vote? Do any senators desire to change the clerk will close the roll.
[Unknown]
Clerk: ayes 32, no, sir 8.
[Unknown]
Nos 8.
[Unknown]
Ayes 32, nos 8. The bill passes. Page 13, Senate bill 1300. The Senator from Fauquier County, Senator Vogel .
[Unknown]
Thank you, Mr. President. I move passage of the bill and speaking to that measure.
[Unknown]
The Senator has the floor.
[Unknown]
Mr. President, this is a companion to this bill that reported out of this body that dealt with efforts to protect victims of domestic violence. What Senate bill 1300 does is it says the department of criminal justice services May distribute funds from the Virginia sexual and domestic violence victims fund to reimburse an entity that provides a firearms safety or training course to victims of domestic violence, sexual abuse or stalking, and in addition to that, the bill also requires that upon issuance of a protective order that the petitioner be provided a list of such courses. So the bill wasn't controversial because it simply said that those funds May be distributed and in my view, it's also not controversial because simply providing a list of courses is something that oo veils a -- avails a person an opportunity for a safety course when given in my view the relative imbalance of power is helpful to the victim and also under the ordinary course a victim can open carry anyway and a safety course in my mind is helpful. With that, I would ask the bill pass.
[Unknown]
Thank you, Senator. The junior Senator from Loudoun, Senator Wexton .
[Unknown]
Thank you, Mr. President. Would the pay -- patron yield for a question.
[Unknown]
Would the Senator from Fauquier yield for a question.
[Unknown]
Yes.
[Unknown]
She yields.
[Unknown]
Mr. President, I would inquire of the Senator what other resources we mandate the state tell victims of domestic violence about when they get their protective orders. For example, do we have to tell them about abused victims, abused women shelters that might be available or other emergency services that could be available to them?
[Unknown]
The Senator from Fauquier, Senator Vogel .
[Unknown]
Well, I would just say, Mr. President, that we avail them of staff and make resources available to them as part of the ordinary court process. I know that there are victims advocates in the sheriff's office. There are victims advocates this we hope avail them of those resources, but in this case, we are attempting to make -- May make funds available, and in this case, dictate that list of courses that would be free be provided to them.
[Unknown]
The junior Senator from Loudoun .
[Unknown]
Mr. President, just speaking to the measure.
[Unknown]
The Senator has the floor.
[Unknown]
Thank you, Mr. President. What this measure does is essentially elevate firearm safety courses or firearms courses above any other resource for victims of domestic violence. It's the only thing that we're going to tell them about that is available as a resource. So basically, it's like the state is sanctioning or sponsoring or endorsing women going and getting guns, and this Senator doesn't want to be a part of that. Mr. President, maybe it's because I 'm aware of the facts. The fact is that any time there's a firearm present in a domestic violence situation, women are five times more likely to die. So I 'm getting a little bit tired, Mr. President, of all the people in this chamber purporting to want to help women but only so long as it means more guns being injected into the situation. And maybe, Mr. President, that's because I had a case in my district, which I think is pretty much the way that many of these cases go, and that's the case of angela spradling. She got beat up by her husband a lot. Sometimes she called the police, sometimes she wouldn't. We know that she called police at least 7 times to report to her home on various calls for domestic violence, but they never arrested her husband. Did I mention he was a police officer? So back in mae of 2013, -- May f 2013, he was beating her up again, and one of her children came in and got him to stop, and she got away from him, and she went and got his service weapon, and she came back and she shot him, and she shot him dead. And now she's serving 15 years in the penitentiary. And that is a much more likely outcome than, I guess, this sort of romanticized country song version of what you all think is going to happen in these cases. So I, for one, plan to vote against this amendment or against this bill, and I hope that the members of the body will do the same.
[Unknown]
Thank you, Senator. The Senator from James city county, Senator Norment .
Tommy Norment
Mr. President, I rise in support of the bill.
[Unknown]
Senator has the floor.
Tommy Norment
Ladies and gentlemen of the Senate, I would encourage you to reflect and support Senate bill 1300. As I look in the calendar, it appears to me that it has been through two committees and 23 separate senators have considered the bill, reflected on it and voted in favor of it, and I do think it's perhaps slightly disingenuous to characterize the bill as romanticizing a particularly serious subject like this, and I would encourage you to support the bill.
[Unknown]
Thank you, Senator. The question is, shall Senate -.
[Unknown]
Mr. President.
[Unknown]
Yes, the Senator from Fauquier, Senator Vogel .
[Unknown]
Mr. President, if I just May respond. The scenario that was just set forward by the junior Senator from Loudoun would seem to speak precisely to the rationale for the bill, and that is that in an environment of domestic abuse, it is most often the case that a weapon is in that environment of domestic abuse. So offering the victim the opportunity for a safety course, for a training course, for the opportunity to understand the safe use of a weapon would seem to me to be one of the most important things that you could offer that victim, because among the people who have spoken to me, who have advocated on this issue and with whom I have visited who, one, encourage me to introduce the first bill and then this companion bill, this was something that I did not consider lightly, introducing a weapon and in addition to that the opportunity for a training course is a very serious matter when you're considering the issue of domestic violence and something as serious as death. And the person who had the most impact on me was the person who was my close friend who for 26 years was tortured and abused and beaten and threatened with a machete and had a gun held to her Head, and she was so afraid for her own life and so rarely had the opportunity to get out from under the constant supervision of her abuser that she never had the opportunity, almost never had the opportunity to obtain the opportunity to avail herself of a training course or any of the things that would have empowered her.
[Unknown]
I would argue it is exactly that environment that she found herself in that in many cases would prevent a woman from die fg she had the opportunity to at least be trained and have the opportunity to aavailable herself of a safety course. With that Mr. President, I move the bill pass.
[Unknown]
Thank you Senator .
Bill Howell
The question is, shall Senate bill 1300 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? The clerk will close the roll.
[Unknown]
Ayes 28, nos 12.
[Unknown]
The bill passes.
[Unknown]
Moving forward to Page 15 of the calendar, Senate bill 1427, the Senator from Franklin County, Senator
[Unknown]
Thank you Mr. Stanley. I move that 1427 and pass and speaking to the motion sir the Senator has the floor.
[Unknown]
Senate bill 1427 is a bill that modifies the education tax credit that we have. We have a $25 million education tax credit which allows basically for school choice for those living just above, at and below the poverty level. So just because those families cannot afford to send their child to a private school, when the public school is failing them or they are not succeeding in that public school, nevertheless they can get a scholarship to have their child sent to a private school of their choice. The scholarship program itself is derived from having individuals and corporations make donations to these scholarship funds that are approved by the state, and once they are made, they get 65 percent tax credit off income taxes that are paid to the state. In return, the child that is either 300 percent or below to the poverty level and below, they can attend the school of their choice. Now, what this does is it has a section about who is eligible, and what we didn't have until this bill was that what I 'm trying to do is expand that eligibility pool to include eligible pre-kindergarten children, and ladies and gentlemen, an eligible prekindergarten child under Senate bill 1427 is a resident of Virginia, a child who is an at-risk four-year-old, unserved by the Head start program, enrolled in or attending a nonpublic pre-kindergarten program, and whose family either does not have an annual household income in excess of 300 percent of the current poverty guidelines, which is very low, or 400 percent of such guidelines in cases where an individualized education program has been written and finalize the in accordance with the individualized and I .E.D. Program. So this also makes those children of those families who are homeless qualify to receive a scholarship to go to a private pre-kindergarten program that is approved and qualified through the commonwealth of Virginia. This is giving those concern an opportunity to get an education, especially at or below the poverty level where if we do not capture them now we May lose them forever. This is the greatest opportunity for them to have an educational opportunity that is not otherwise for them. For those reasons, Mr. President, I now poof that Senate bill 1427 pass.
[Unknown]
Thank you Senator. The Senator from southern Fairfax County, Senator Barker .
George Barker
Mr. President I rise to speck to the bill.
[Unknown]
The Senator has the floor.
George Barker
Mr. President, I would encourage the body to support this testimony measure here, there is I think a couple of things that are very significant in this situation. One is this does not increase the total amount of funds that are potentially available for tax credits for the education purpose. So it's not taking money, it's not adding to that particular fund. Secondly, from my perspective, I think what this does, this actually targets some of those funds being used for lower income children or homeless children, as has been referenced by the Senator from Franklin, who otherwise do not have access to that service because the pre-kindergarten program, the program that we have in Virginia, is a local option, and there are several localities, they either do not have the program or use it very sparingly, and there are many children who qualify for the program from an economic standpoint who cannot access because their low alts don't have that program. This allows them to be able to access some pre-kicked -- pre-kindergarten services they otherwise would have no access to and I think that is positive measure and hope the body would support it.
[Unknown]
Thank you, Senator, the junior Senator, Senator McClellan .
[Unknown]
Thank you Mr. President, speaking to the bill?
[Unknown]
The Senator has the floor.
[Unknown]
I think this bill is putting the carte before the horse, because in a lot of our localities, we don't have the capacity to provide pre-k for all of the children who need it, and particularly those of low income families, and there's a lot of concern that it will have even less capacity to do that. In a way I think we are sending a false promise to low income children that now with the tax credit we can expand your ability it to go to pre-k, when, in fact, we don't have the capacity to provide pre-k to all the low income or middle class students that need pre-k. So it's a little bit putting the carte before the horse. Yes, it will help a few but it still leaves a lot of children behind. Thank you Mr. President.
[Unknown]
Thank you Senator. The Senator from Roanoke city, Senator Edwards .
John Edwards
Will the Senator from Franklin yield for a question?
[Unknown]
Will the Senator from Franklin County yield?
John Edwards
I yield, Mr. President.
[Unknown]
He yields, Senator .
[Unknown]
Mr. President, am I correct that this only apris to pre-k education?
[Unknown]
The Senator from Franklin .
[Unknown]
Mr. President, the answer to the gentleman, Senate bill 1427 only expands the program to include eligible children who are pre-kindergarten or at or below the 300 percent threshold of current poverty guidelines, at risk or determined to be at risk and not -- they are unserved by our Head start program or are four-year-olds who are basically part after homeless family.
[Unknown]
Thank you Mr. President.
Bill Howell
Thank you senators. The question is, shall Senate bill 1427 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 of the senators desire to change their vote? The clerk will close the roll >>
[Unknown]
Ayes 39, nos, zero, rule
[Unknown]
As many as favor that 361. Motion will say aye -- ayes 39, no, sir zero, rule 361, the bill passes.
[Unknown]
Moving to Page 16, Senate bill 1473, the senior Senator from Fairfax County, Senator Saslaw .
Dick Saslaw
This is a follow-on bill that I got in the 2014 session, and start of diminnon placing power lines underground. For years, in fact, as long as I 've been here, up until 2014, dmonin had -- dominion had resisted that in urban areas, in fact, anywhere, because of the cost, but after that ratio hit, somewhere some were out of power three, four weeks, they thought it might be cheap ner the long run to put the power lines underground. It's been kind of a maneuvering -- maneuvering through the sec hasn't been the easiest thing, and thus, the reason you see the follow-on bill before you. The bill was originally introduced, it would r presumed if they were going to do this, it was in the best interest of the consumer, we changed it to be a rebuttable presumption, with that, the attorney general's office was fine with this. The area that we still have not resolved, but we are making progress, moving forward, is where the cable companies have their wires on the polls, and we've got a few things to iron out there, but what we they are going to do, they are starting with lines that have averaged, over the last decades, with at least nine outages and they will be serviced first, then ultimately, move on to the others. When this project is totally completed or let's say after the first year, and they it only do about $175 million a year, the average bill at the end of the first year would go up about 75 cents a month, and about 15 years from now, the cost probably will be 4-$5 a month. But remember, we are talking past 2030. The net effect is it will eliminate 50 percent of the outages in their service territory, which is the majority of the state, and it will increase the response time to get people back on line 50 percent, and I got to tell you, this is my 42 & second, this is the only bill I introduce, when I explained it at the civics association, got up and cheered, and as far as the cost, I had one constituent say he would pay 10 times what I told him just to keep the lights on: so it's needed. Everybody that gets to live in those areas, you get to hear from them when the power goes out and it doesn't go on automatically. This is a step in the right direction.
[Unknown]
Thank you Senator. The question is, shall Senate bill 14 --
Dick Saslaw
The Senator from Fairfax city?
[Unknown]
Will the Senator yield?
[Unknown]
Absolutely. He yields, Senator .
[Unknown]
I would ask the gentleman, the cost, is the reasonableness of the cost still subject to sec review?
[Unknown]
The senior Senator .
[Unknown]
Well, it would be at the end of that period when the reviews start again.
[Unknown]
Will the Senator yield for an additional question?
[Unknown]
He yields, Senator .
[Unknown]
I understand we're deciding, or at least the purpose of the bill to say it's a public purpose but the actual cost that is passed on to the rate payor, who decides if it's a reasonable charge?
[Unknown]
Ultimately, and I know what you are getting at, but ultimately, the sec will, because before this project is even one third of the way complete, they will be back for reviews, and the sec will have a crack at that. And I can tell you all, and in answering your question, I have not met one constituent who wouldn't pay double, triple or quadruple as to what that is, and by the way, because, you know, I remember the other issue that you had, the last review that they had, the sec, there was $19 million of overcharges which came to approximately $6 a household over a two year period.
[Unknown]
Final question, Mr. President.
[Unknown]
Will the Senator yield for an additional question?
[Unknown]
Sure.
[Unknown]
He yields, Senator .
[Unknown]
So what you are telling me is the bill is going to be given to the rate payor by dominion, whoever the utility is, and nobody will be actually looking to see what that bill is, other than they will just say here's the bill, pay it, and no one will actually be reviewing the books to see if that's the actual cost.
[Unknown]
It is going to be reviewed at, you know, before this project is one third of the way through, and if they find these charges, you know, they were overcharged, they will go back at dominion.
[Unknown]
Thank you Senator. The Senator from Roanoke County, Senator Suetterlein .
David Suetterlein
Thank you Mr. President, speaking to the bill?
[Unknown]
The Senator has the floor.
David Suetterlein
I would like to associate myself with the general questions that were coming from the Senator from Fairfax the thing about this bill city. That's the most truthing that the senior Senator from Fairfax County said was the can be a tricky place, and state corporation commission it's supposed to be -- they've been there for over 100 years to gend and -- defend and look after the interests of the people of Virginia against very powerful interests, and this is us putting the finger on the scale, it's a rebuttable presumption, I see, but for an organization that you named on the floor, not I, but dominion, they usually do pretty well at the state corporation commission, and I don't think they need us putting the finger on the scale for them again. And again, for at least the first two years of this, which I hope we will pull that back, but I 'm of no optimism that we are actually going to be reviewing them any time soon. So for that reason, I think the bill should be defeated.
[Unknown]
Thank you Senator. The question is, shall Senate bill 1473 pass?
Bill Howell
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 of the senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 37, nos three.
[Unknown]
Ayes 37, nos three, the bill passes.
[Unknown]
Regular calendar, Senate bills on second reading, Senate bill 1021, a bill relating to failure to okay highway sign where drivers sweeping or arresting prepayable offense. Reported from the committee on transportation.
[Unknown]
The Senator from southern Fairfax County, Senator
[Unknown]
Mr. President, I move that Barker. That bill go by for the day.
Bill Howell
Without objection, Senate bill 1021 will go by for the
[Unknown]
Senate bill 1012, a bill day. Relating to civil action for unlawful creation of image of another, reported from the committee for courts of justice with amendments.
[Unknown]
The junior Senator from Loudoun, Senator Wexton .
[Unknown]
Mr. President, I move the committee amendments, please.
[Unknown]
Thank you Senator, the question is, shall the committee amendments be agreed to, as many as favor that motion will say aye, those opposed, no. The ayes have it, the amendments are agreed to. The junior Senator from Loudoun .
[Unknown]
Mr. President, I move the bill be engrossed and passed to the third reading.
Bill Howell
The question is, some shall the billing engrossed and passed to the third reading -- shall the bill be engrossed and passed to the third reading. As many as favor that motion will say aye -- those opposed, no, the ayes have it, the bill is engrossed and passed to the third reading.
[Unknown]
Senate bill 806, a bill relating to the interstate 73 corridor quearmt fun and program, reported from the committee on finance.
[Unknown]
The Senator from Franklin County, Senator Stanley .
Bill Stanley
Thank you Mr. President, I now move the Senate bill 806 be engrossed and passed to the third reading.
Bill Howell
The question is, shall the bill be engrossed and passed to the third reading. As many as favor that motion will say aye, those opposed, no. The ayes have it, the bill is third reading. Engrossed and passed to the
Bill Stanley
Senate bill 959, a bill relating to the Virginia residential landlord and tenant act, landlord to inspect vacated dwelling until unit for abandoned animals, pen at, reported from the committee on general laws and technology with a substitute.
[Unknown]
The Senator from northern Chesapeake, Senator Spruill .
Lionell Spruill
Mr. President, I move the substitute.
[Unknown]
Thank you Senator, the question is shall the committee substitute be agreed to, as many as favor that motion will say aye, those opposed, no. The ayes have it, the substitute is agreed to. The Senator from northern Chesapeake .
Lionell Spruill
Thank you Mr. President. I move it be engrossed and passed to the third reading.
Bill Howell
The question is, shall the bill be engrossed and passed to the third reading. As many as favor that motion will say aye, those opposed, no. The bill is engrossed and passed to the third reading.
[Unknown]
Senate bill 991, a bill relating to residential rental property, reported from the committee on general laws and technology, with a substitute.
[Unknown]
The Senator from Petersburg, Senator Dance .
[Unknown]
Thank you Mr. President, I move the substitute be agreed to.
[Unknown]
The question is shall the committee substitute be agreed to, as many as favor those opposed, no. That motion will say aye, the aye versus it, the committee substitute is agreed to. The Senator from Petersburg .
[Unknown]
Mr. President, I move the bill be engrossed and passed to the third reading.
Bill Howell
The question is, shall the bill be engrossed and passed to the third reading. As many as favor that motion will say aye, those opposed, no. The ayes have it, the bill is engrossed and passed to the third reading.
[Unknown]
Senate bill 1013, a bill relating to host cities' economic development incentive fund and host cities' transportation support fund, reported from the committee on finance, with a substitute.
[Unknown]
The Senator from Portsmouth, Senator Lucas .
[Unknown]
Thank you Mr. President, I move that the committee substitute be agreed to.
[Unknown]
Thank you Senator, the question is, shall the substitute be agreed to. As many as favor that motion will say aye, those opposed, no. The ayes have it, the substitute is agreed to. The Senator from Portsmouth .
[Unknown]
Thank you Mr. President. Mr. President, Senate bill -- I 'm sorry, Mr. President, I move the bill be engrossed and passed to the third reading.
Bill Howell
Thank you Senator, the question is, shall the bill be engrossed and passed to the third reading. Will say aye, those opposed, as many as favor that motion no. The ayes have it, the bill is engrossed and passed to the third reading.
[Unknown]
Senate bill 1110, a bill relating to state corporation commission approval of utility facilities. Reported from the committee on commerce and labor.
[Unknown]
The Senator from Franklin County, Senator Stanley .
Bill Stanley
Thank you Mr. President, I now move Senate bill 110 be engrossed and passed to the third reading.
Bill Howell
The question is, shall the bill be engrossed and passed to the third reading. As many as favor that motion will say aye, those opposed, no. The bill is engrossed and passed to the third reading.
Bill Stanley
Senate bill 1123, a bill relating to the manufactured home lot rental act renewal of lease, reported from the committee on general laws and technology, with a substitute.
[Unknown]
The Senator from Prince William County, Senator McPike .
Jeremy McPike
I move the substitute be agreed to.
[Unknown]
Thank you Senator, the question is shall the committee substitute be agreed to, as many as favor that motion will say aye, those opposed, no. The ayes have it it, the substitute is agreed to, the Senator from Prince William .
Jeremy McPike
I move the bill be engrossed and passed to the third reading.
Bill Howell
The question is, shall the bill be engrossed and passed to the third reading? As many as favor that motion will say aye, those opposed, no. The ayes have it, the bill is engrossed and passed to the third reading.
[Unknown]
Senate bill 1198, a bill relating to operations of emergency vehicles, emergency vehicle operators', courts, courted from -- reported from the committee on general laws and technology.
[Unknown]
The junior Senator from Virginia beach, Senator
[Unknown]
Mr. President I move the DeSteph. Bill be engrossed and passed to the third reading.
Bill Howell
The question is, shall the bill be engrossed and passed to the third reading. As many as favor that motion will say aye, those opposed, no. The ayes have it, the bill is engrossed and passed to the third reading.
[Unknown]
Senate bill 1226, a bill relating to the Virginia freedom of information act, public procurement act, proprietary records, and trade secrets, solar energy stements -- agreements, reported from the committee on general laws and technology.
[Unknown]
The Senator from rhoneo city, Mr. Edwards.
John Edwards
Mr. President, I move the bill be engrossed and passed to the third reading.
Bill Howell
The question is shall the bill be engrossed and passed to the third reading. As many as favor that motion will say aye, those opposed, no. The ayes have it, the bill is engrossed and passed to the third reading.
John Edwards
Senate bill 1264, a bill relating to the Virginia telephone privacy protection act, telephone solicitation calls, reported from the committee on commerce and labor with amendments.
[Unknown]
The senior Senator from Loudoun, Senator Black .
Dick Black
I move that the committee amendments be agreed to.
[Unknown]
Thank you Senator, the question is, shall the committee amendments be agreed to. As many as favor that motion will say aye, those opposed, no. The ayes have it, the committee amendments are agreed to. The senior Senator from Loudoun .
Dick Black
I move that the measure be engrossed and passed to the third reading.
Bill Howell
The question is, shall the bill be engrossed and passed to the third reading. As many as favor that motion will say aye, those opposed, no. The ayes have it, the bill is engrossed and passed to the third reading.
[Unknown]
Senate bill 1265, a bill relating to the department of general services, maintenance of property records, notification when deed, lease or other agreement is to terminate. Reported from the committee on general laws and technology with a substitute.
[Unknown]
The Senator from Russell County, Senator Chafin .
Ben Chafin
Mr. President I move the committee substitute be agreed to.
[Unknown]
The question is, shall the committee substitute be agreed to, as many as favor that motion will say aye, those opposed, no. The ayes have it, the substitute is agreed to. The Senator from Russell County .
Ben Chafin
I move the bill be engrossed and passed to the third reading.
Bill Howell
The question is, shall the bill be engrossed and passed to the third reading? Will say aye, those opposed, as many as favor that motion no. The ayes have it, the bill is engrossed and passed to the third reading.
[Unknown]
Senate bill 1282, a bill relating to wireless communications infrastructure, reported from the committee on commerce and labor with a substitute.
[Unknown]
The Senator from Hanover, Senator mcdoolel.
[Unknown]
Mr. President I move the committee substitute be agreed to.
[Unknown]
The question is shall the committee substitute be agreed to, as many as favor that motion will say aye, those opposed, no. The ayes have it, the committee substitute is agreed to.
[Unknown]
Mr. President, I move the bill be engrossed and passed to the third reading.
Bill Howell
Thank you Senator, the question is, shall the bill be engrossed and passed to the third reading. As many as favor that motion will say aye, those opposed, no. The ayes have it, the bill is engrossed and passed to the third reading.
[Unknown]
Senate bill 1341, a bill relating to digital certification of government records. Reported from the committee on general laws and technology, with amendments.
[Unknown]
The Senator from eastern Fairfax County, Senator Surovell .
Scott Surovell
Mr. President I move the committee empties.
[Unknown]
The question is shall the committee amendments be agreed to, as many as favor that motion will say aye, have it, the amendments are those opposed, no, the ayes agreed to, the Senator from eastern Fairfax County .
Scott Surovell
Mr. President, I move the bill be engrossed and passed to the third reading.
Bill Howell
The question is, shall the bill be engrossed and passed to the third reading. As many as favor that motion will say aye, those opposed, no. The ayes have it, the bill is engrossed and passed to the third reading.
[Unknown]
Senate bill 1360, a bill relating to the department of military affairs, civil actions, reported from the committee on general laws and technology.
[Unknown]
The Senator from Spotsylvania, Senator Reeves .
Bryce Reeves
Thank you Mr. President I move we engross and advance the bill.
Bill Howell
The question is shall the bill be engrossed and passed to the third reading. As many as favor that motion will say aye, those opposed, no. The ayes have it, the bill is engrossed and passed to the third reading.
Bryce Reeves
Senate bill 1393, a bill relating to electric utility regulation, pilot programs for community solar development, reported from the committee on cergs and -- commerce and labor are a substitute.
[Unknown]
The senior Senator from Virginia beach, Senator Wagner .
Frank Wagner
Mr. President I move the committee substitute be --
[Unknown]
The question is, shall the substitute be agreed to, as many as favor that motion will say aye, those opposed, no. The ayes have it, the substitute is agreed. The senior Senator .
Frank Wagner
Mr. President, I move the bill be engrossed and passed to the third reading.
Bill Howell
The question is, shall the bill be engrossed and passed to the third reading. As many as favor that motion will say aye, those opposed, no. The ayes have it it, the bill is engrossed and passed to the third reading.
[Unknown]
Senate bill 1394, a bill relating to small agricultural generators, sale of electric power, net metering, reported from the committee on commerce and labor with a substitute.
[Unknown]
The senior Senator from Virginia beach.
[Unknown]
Mr. President I move the committee substitute be agreed to.
[Unknown]
The question is shall the substitute be agreed to. As many as favor that motion will say aye, those opposed, no. The ayes have it, the substitute is agreed to. The senior Senator .
[Unknown]
Mr. President, I move the bill be engrossed and passed to the third reading.
Bill Howell
The question is, shall the bill be engrossed and passed to the third reading. As many as favor that motion will say aye, those opposed, no. The bill is engrossed and passed to the third reading.
[Unknown]
Senate bill 1428, a bill relating to education improvement scholarships, tax credits, eligibility, requirements and benefits for students with a disability. Reported from the committee on finance, with a substitute.
[Unknown]
The Senator from Franklin County, Senator Stanley .
Bill Stanley
Thank you Mr. President, I now move the substitute be agreed to.
[Unknown]
The question is shall the committee substitute be agreed to, as many as favor that motion will say aye, those opposed, no. The ayes have it, the substitute is agreed to. The Senator from Franklin County .
Bill Stanley
Thank you Mr. President, now I move that this bill be engrossed and passed to the third reading.
Bill Howell
The question is, shall the bill be engrossed and passed to the third reading. As many as favor that motion will say aye, those opposed, no. The bill is engrossed and passed to the third reading.
[Unknown]
Senate bill 1431, a bill relating to the administrative process act, economic impact analysis of proposed regulations, input from affected businesses, reported from the committee on general laws and technology with a substitute.
[Unknown]
The Senator from Spotsylvania, Senator Reeves .
Bryce Reeves
Thank you Mr. President, I move the committee substitute.
[Unknown]
The question is, shall the committee substitute be agreed to? As many as favor that motion will say aye, those opposed, no. The ayes have it it, the substitute is agreed to. The Senator from Spotsylvania ?
Bryce Reeves
Thank you Mr. President, sorry about that, move to engross the bill and pass it to its third reading.
Bill Howell
The question is, shall the bill be engrossed and passed to the third reading? As many as favor that motion will say aye, those opposed, no. The bill is engrossed and passed to the third reading.
[Unknown]
Senate bill 1456, a bill relating to the motor vehicle fuels and sales tax in certain transportation districts, Price floor, reported from the comet aon finance with a substitute.
[Unknown]
The senior Senator from Virginia beach, Senator Wagner .
Frank Wagner
Mr. President I move the substitute be agreed to.
[Unknown]
The question is, shall the committee substitute be agreed to, as many as favor that motion will say aye, those opposed, no. The ayes have it, the substitute is agreed to. The senior Senator .
Frank Wagner
Mr. President, I move the bill be engrossed and passed to the third reading.
Bill Howell
The question is, shall the bill be engrossed and passed to the third reading? As many as favor that motion will say aye, those opposed, no. The bill is engrossed and passed to the third reading.
[Unknown]
Senate bill 1470, a bill relating to coal tax credits rorkts dollars from the committee on finance, with amendments.
[Unknown]
The Senator from Russell County, Senator Chafin .
Ben Chafin
Mr. President, I move the committee amendment be agreed to.
[Unknown]
The question is, shall the committee amendment be agreed to? As many as favor that motion will say aye, those opposed, the ayes have it, the no. Amendment is agreed to. The Senator from Russell .
Ben Chafin
Mr. President, I move this great deal, be engrossed and moved to its third reading.
Bill Howell
Thank you Senator, the question is, shall the bill be engrossed and passed to the third reading. As many as favor that motion will say aye, those opposed, no. The bill is engrossed and passed to the third reading.
[Unknown]
Senate bill 1530, a bill relating to the secretary of administration, policy of the commonwealth regarding state employment of and contracting with individuals with disabilities, report. Reported from the committee on general laws and technology, with amendments.
[Unknown]
The Senator from fowk ear county, Senator Vogel .
[Unknown]
Thank you Mr. President, could Senate bill 1530 come out of the block and please go by for the day.
Bill Howell
Without objection, Senate bill 1530, by for the I day.
[Unknown]
Senate bill 1542, a bill relating to enforcement of occupational safety and health laws, civil penalties, reported from the committee on commerce and labor.
[Unknown]
The senior Senator from Fairfax County, Senator Saslaw .
Dick Saslaw
I would move we engross the bill and pass it to its third reading.
Bill Howell
Thank you Senator, the question is, shall the bill be engrossed and passed to the third reading. As many as favor that motion will say aye, those opposed, the ayes have it, the bill is no. Engrossed and passed to the third reading.
Dick Saslaw
Senate bill 1586, reported from the committee on general laws and technology.
[Unknown]
The Senator from Roanoke County, Senator Suetterlein .
David Suetterlein
It's already out of the block. Mr. President, I would move that sb15 # six be engrossed and passed to the third reading.
Bill Howell
Thank you Senator, the question is, shall the bill be engrossed and passed to the third reading.
David Suetterlein
As many as favor that motion will say aye, those opposed, no. The ayes have it, the bill is -- is, excuse me, engrossed and passed to the third reading.
[Unknown]
Uncontested calendar, Senate bills on first reading.
[Unknown]
The Senator from James city county, Senator Norment .
Tommy Norment
Thank you Mr. President I respectfully move all Senate bills on the first reading on both the uncontested and regular calendar which would include all Senate bills on pages 27-44, including all Senate bills -- I mean all Senate bills 838 through Senate bill 1585, the rules of the Senate be suspended and the first constitutional reading of the titles be dispensed with.
[Unknown]
Thank you Senator, the question is, shall the rules be suspended and the first reading of the titles of Senate bills on the uncontested and regular calendars, pages 27-44, Senate bill 838 through Senate bill 1585, 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 of the senators desire to change their vote? The clerk will close the roll.
Tommy Norment
Ayes 40, nos, zero.
[Unknown]
Ayes 40, nos, zero, the reading of the titles is dispensed with. The Senator from James city county.
[Unknown]
Mr. President, I would now move all the bills be passed by for the day, sir.
[Unknown]
Thank you Senator. The question is, shall the Senate bills on the uncontested and regular calendars, now on second reading, go by for the day, all in favor of the motion will say aye, those opposed, no, the ayes have it, the bills will go by for the day.
[Unknown]
Uncontested calendar, Senate joint resolution on first reading,.
[Unknown]
The Senator from James city county, Senator Norment .
Tommy Norment
Mr. President, I would now move all the Senate joint resolutions on the first reading on pages 44-45, including Senate joint resolution 223 through Senate joint resolution 331, that the rules of the Senate be suspended and 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 the Senate joint resolutions on the uncontested and regular calendars, pages 44-45, sjr342 through sjr331, be waived. All in favor of the motion will record their votes aye, are the senators ready to those opposed no. Vote? Have all the senators voted? Do any of the senators desire to change their vote? The clerk will close the roll
Tommy Norment
Ayes 39, nos, zero.
[Unknown]
Ayes 39, nos, zero. The reading of the titles is dispensed with. The Senator from James city county.
[Unknown]
Mr. President, I would now respectfully move that all of the Senate joint resolutions be passed by for the day, with the exception of Senate joint resolution 223 on Page 44.
[Unknown]
That would be 342,
[Unknown]
The question is, shall the Senator ? Senate joint resolutions on the uncontested and regular calendars, now on second reading, go by for the day, that is, all except for sjr 342. As many as favor that motion will say aye, those opposed, no. The ayes have it, the resolutions will go by for the day, except for sjr342, and I would call on the Senator from Fauquier County, Senator Vogel .
[Unknown]
The clerk will please read the title.
[Unknown]
Senate joint resolution 342, confirming appointments by the governor of certain persons communicated general seven, 2017, reported from the committee on privileges and elections.
[Unknown]
Thank you Mr. President. I move that we advance and engross the bill to its third reading.
[Unknown]
The question is, shall the resolution be engrossed and passed to the third reading.
[Unknown]
As many as favor that motion will say aye, those opposed, no. The aye versus it, the resolution is engrossed and passed to the third reading.
[Unknown]
The Senator from Fauquier .
[Unknown]
Thank you Mr. President I move we suspend the rules and move it to the third reading.
[Unknown]
The question is, shall the third constitutional reading be dispensed with. As many as favor that motion will say aye,.
Bill Howell
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 of the senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 40, nos, zero.
[Unknown]
Ayes 40, nos, zero, the motion is agreed to. The Senator from Fauquier .
[Unknown]
Thank you Mr. President, I move passage of the resolution and speaking to that motion.
[Unknown]
The Senator has the floor.
[Unknown]
Mr. President, this motion or this resolution includes all of the governor's appointments, and we are moving those in an expedited fashion to move those quickly to the House and so with that, I would ask the body please pass the resolution.
Bill Howell
Thank you Senator. The question is, shall sjr342 be agreed to. 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 of the senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 40, nos, zero.
[Unknown]
Ayes 40, nos, zero, the resolution is agreed to.
[Unknown]
Memorial resolutions.
[Unknown]
The Senator from James city county, Senator Norment .
Tommy Norment
Thank you Mr. President. I now respectful move that all the memorial resolutions on pages 46-48, including House joint resolution 748 through Senate resolution 129, be agreed to in the block and in the usual amount of waiving the reading of the resolution with the understanding that any Senator who desires to remove a resolution from the block will please do so after the check has read the title of that resolution.
[Unknown]
Thank you Senator. The question is, shall the memorial resolutions on Page 46-48, hjr748 through sr129, be considered in the block, in the usual manner, waiving the reading of the resolutions thereof with the understanding that any Senator desiring a resolution removed from the block will do so after the check has read the title of the recent -- resolution, as many as favor that motion will say aye, those opposed, no. The ayes have it, the motion is agreed to. The resolutions are before us in the block, the clerk will please read the titles of the memorial resolution.
Tommy Norment
House joint resolution 748, celebrating the life of john joseph winn, junior. House joint resolution 789, celebrating the life of the honorable jackie thomas dunne.
[Unknown]
The Senator from Russell County, Senator Chafin .
Ben Chafin
Mr. President, May House joint resolution 789 come out of the block.
[Unknown]
Hjr # 89 will come out of the block.
Ben Chafin
House joint resolution 794, celebrating the life of peter wilcox brown, md. House joint resolution 803, celebrating the life of anna May jett Johnson .
[Unknown]
House joint resolution 804, celebrating the life of joan joyce harrison nelms, House joint resolution 812, celebrating the life of elizabeth florence kennedy legruve, House joint resolution 814, celebrating the life of joseph baron yount iii.
[Unknown]
House joint resolution 818, celebrating the life of the honorable allen e. Mare.
[Unknown]
Senior Senator .
[Unknown]
Mr. President, May that come out of the block?
[Unknown]
Hjr # 18 will come out of the block.
[Unknown]
Senate -- Senate joint resolution 338, celebrating the life of the honorable charms j. Colgan.
[Unknown]
Senator from Prince William County .
[Unknown]
Mr. President, can sjr333 come out of the clock.
[Unknown]
Sjr338, out of the block.
[Unknown]
Senate joint resolution 347, celebrating the life of joel remember rodney hunt singleton. Senate joint resolution --
[Unknown]
Mr. President?
[Unknown]
The Senator from Petersburg, Senator Dance .
[Unknown]
Mr. President, can that sjr347 come out of the block and be passed by for the day?
Bill Howell
Without objection, sjr347 will come out of the block and by for the day.
[Unknown]
Senate joint resolution 348, celebrating the life of robert Lee kemp.
[Unknown]
Senate joint resolution 349, celebrating the life of rebecca t. Dixon.
[Unknown]
Senate joint resolution 353, celebrating the life of elnoras. Branch.
[Unknown]
Senate joint resolution 354, celebrating the life of warner ray hargiss, junior.
[Unknown]
Senate joint resolution 355, celebrating the life of Giles crowder upshir, junior, Senate resolution 123, celebrating the life of thomas edward graves, junior.
[Unknown]
Senate resolution 124, celebrating the life of david a.Kekcley.
[Unknown]
Mr. President could that come out of the block and go by for the day?
Bill Howell
Without objection Senate resolution 124 will come out of the block and by for the day.
[Unknown]
Senate resolution 129, celebrating the life of eugene h. Farley, junior.
[Unknown]
Thank you madam clerk. With the exception of the resolution 789, 818, 338, 347, and 124, the resolutions will be groad in the usual manner. All those in favor of agreeing to the memorial resolutions will please rise.
[Unknown]
The resolutions are agreed to.
[Unknown]
Commending --
[Unknown]
Returning to Page 46.
[Unknown]
Hjr789. The Senator from Russell County, Senator Chafin .
Ben Chafin
Thank you Mr. President. I move that hjr79, celebrating the life of the honorable jackie thomas stump be passed by this body.
[Unknown]
Thank you Senator. The resolution will be agreed to in the usual manner. All those in favor will please rise. [gavel]
Ben Chafin
The resolution is agreed to.
[Unknown]
On Page 47, hjr818, the senior Senator from Fairfax, Senator Saslaw .
Dick Saslaw
Mr. President, members of the Senate, this commemorates the life of allen mare, allen was elected to the House of delegates in 1986. He took the place of vivion Watts, who became secretary of transportation, public safety, in the beliles administration, then allen was there for 10 years, and he retired in 1996. Allen, like most of the people in his generation, was in world war ii, and then he had a career after he got out of the war with the u.S. Central intelligence agency. Every election, he would -- at election year, as you know, in the House, every other year, he would start in the middle of March and spend the rest of the year knocking on doors, and I don't think there was a House in that district that hadn't seen him at least two or three times. He worked hard, he certainly gave it his all, just like he did, you know, in both world war ii and then he never told us what he did at the cia for obvious reasons, but allen was just a really, really nice person, and I would move that we agree to the resolution.
[Unknown]
Thank you Senator. The resolution will be agreed to in the usual manner. All those in favor of the resolution will please rise.
Dick Saslaw
[gavel]
[Unknown]
The resolution is agreed to. On Page 47, sjr338, the Senator from Prince William County, Senator McPike .
Jeremy McPike
Mr. President, I move that the resolution be agreed to, and speaking to that motion.
[Unknown]
The Senator has the floor.
Jeremy McPike
Ladies and gentlemen, this resolution is, of course, honor the life of charles j. Colgan, he was my Senator growing up, basically my only one, and this is a story, as you all here know, a story of a great -- a great american story, a gentleman, orphaned at age five, raised by his grandparents in a farm in Garrett county, maryland, enlisted in the army after high school, serving in world war ii, in italy. Came back after the war, and started a small business, moved to Manassas in 1964, started an airline company, just himself and a handful of folks to pull it together, an operation that would go on to employ 1100 people. He joined the board of supervisors for Prince William County in the early '70s, then was elected to this chamber, this state Senate in 1975. And would go on to serve 40 years, and many of those years, with many of you here. And on behalf of Manassas, Manassas, Prince William County, all the residents, his life entailed Deeds of hope, enjoyment, sharing and caring and true empathy for others that we all enjoyed his time with us and also, thanks to his family for sharing him with all of the commonwealth of Virginia, and he is survived by his eight children, their spouses, 24 grandchildren, and 22 great grandchildren, and I ask the resolution be agreed to.
[Unknown]
Thank you Senator. The senior Senator from Fairfax, Senator Saslaw .
Dick Saslaw
Mr. President, Senator Colgan and I came here at the same time. I was in the House. And that was in 1976. And chuck, as was mentioned by Senator McPike, served 40 years in the Senate. And a lot of you did have the chance to serve with him, and he certainly was one of the most decent people that I 've ever met, in or out of politics. Just a nice guy, very bright, easy to get along with, and you know, he always voted his conscience. Sometimes I wish he hadn't, but he did. And you know, you certainly can't be critical of anybody for doing that. And in 2013, and the clerk can correct me if I 'm wrong, I think the ncsl that year was in atlanta, georgia, and they honored the last six remaining state legislators in the entire country whob served in world war ii, and chuck was one of them, and he -- I think chuck was the youngest of the six. And there was probably a pretty good chance that there are no more state legislators left who, in any of the states, that served in world war ii. And to give you an idea of how different it is now, how things have changed, when I got here in 1980, 18 of the 40 members had fought in world war ii. And they were the greatest generation. And chuck was just the last of it, and it's a shame. But he certainly deserves this memorial resolution, and a lot more, and if you get a chance to visit Prince William County, a stamp of that name is everywhere. High school has been named after him, a statute in front of one of the buildings on the george Mason campus, just a super guy, and we are going to miss him.
[Unknown]
Thank you Senator. The resolution will be agreed to in the usual manner. All those in favor will please rise. [gavel]
Dick Saslaw
The resolution is agreed to. >>
[Unknown]
Commending resolutions.
[Unknown]
The Senator from James city county, Senator Norment .
Tommy Norment
Thank you Mr. President I respectfully move all the commending resolutions on pages 48-53, including House joint resolution 751 through Senate resolution 127 be agreed to in the block by a voice vote, waiving the reading of the resolution. Any Senator who desires to remove a resolution from that block should please do so after the clerk has read the number of that resolution.
[Unknown]
Thank you Senator. The question is, shall the commending resolutions on pages 48-53, hjr751 through sr127, be considered in the block by a voice vote, waiving the reading of the resolutions with the understanding that any Senator desiring a resolution removed from the block will do so after the clerk has read the number of the resolution. All in favor of the motion will say aye, those opposed, no. The ayes have it. The motion is agreed to. The resolutions are before us in the block. The clerk will please read the numbers of the resolution.
Tommy Norment
House joint resolutions, 751, 752, 754 --
[Unknown]
Mr. President?
[Unknown]
The Senator from Chesterfield, Senator Chase .
[Unknown]
Thank you. Could hjr751 and 752 come out and go by for the day please?
Bill Howell
Without objection, hjr -- hjr751 and 752 will come out of the block and by for the day.
[Unknown]
754, 786, 788, 790, 792, 795, 796, 797, 798, 799, 800, 801, 802, 805, 806, 807, 808, 809, 811, 819, 820, 821, 822, 824, 827, 828, Senate joint resolutions 315, 323, 343, 344, 345, 346, 350, 351, 352, 356, 357, 358, Senate resolutions 122, 125, 127.
[Unknown]
Thank you madam clerk. With exception of hjr751 and 752, the question is shall the resolutions be agreed to. As many as favor that motion will say aye, those opposed, no. The aye versus it, the resolutions are agreed to. The Senator from James city county, Senator Norment .
Tommy Norment
Mr. President, inquiry of the clerk, does it mercifully conclude the calendar?
[Unknown]
I certainly hope so!
Tommy Norment
Thank you madam clerk. Is there any other business for the Senate ? The Senator from Arlington, plrt Favola .
[Unknown]
Thank you Mr. President, I rise on a point of personal privilege.
[Unknown]
The Senator has the floor.
[Unknown]
Thank you Mr. President. I am delighted to announce that nestle has moved its headquarters all the way from california to Arlington County in Virginia ! Nestle will invest $40 million add 748 new jobs. So this will give you another reason to come visit Arlington. The governor was particularly influential in making this move happen under his leadership, of course. Arlington -- I mean arthroing, the commonwealth has enjoyed a $15 billion in investment, including from some of the most highly in the world. Sought-after corporate brands so our governor has been working very hard on the economic development front for us. The commonwealth's unemployment rate has declined to 4.1%. This is the lowest we've seen since 1973. I think what we have to remember, though, with the kinds of things the general assembly deals with, such as investing in education, k-12, investing in higher education, ensuring we have a good transportation infrastructure, ensuring we have access to the 21st century infrastructure which so many of our corporate headquarters really look for, I think those are the kinds of things that make our commonwealth great, and I would encourage lawmakers to continue to focus on those very important elements as we look at our budget. I finally just want to congratulate the governor on his great work, I hope he continues to -- I know he will continue to work for us through the end of his term -- his term and I invite you all to come visit nestle when you are in Arlington .
[Unknown]
Thank you Senator, the Senator from Rockingham, Senator Obenshain .
Mark Obenshain
Mr. President, I would just want to rise to say that I 'm glad that hear we are bringing jobs to america from
[Unknown]
Thank you. California.
Mark Obenshain
I thank the Senator .
[Unknown]
The Senator from James city county, Senator Norment .
Tommy Norment
Point of personal privilege, please? Following up on the comment from the Senator from Rockingham, it's amazing the economic development opportunities that will exist from california as they continue to succeed from the nation. -- secede from the nation. That could be our beneficiary. On a more serious note, Mr. President, I 'm enjoying these announcements about economic development opportunities, and those who pound their chest so vigorously, but I think it's very important to remember it is the general assembly of Virginia that provides the funds and the resources to pursue those economic development opportunities, and that's why we call it the commonwealth opportunity fund.
[Unknown]
Thank you Senator. Any other business for the Senate ? The clerk will please report any announcements on the desk.
Tommy Norment
Today, Thursday, February 2nd, the committee on privileges and elections will meet immediately upon adjournment at the chair's desk. Privileges and elections, immediately upon adjournment at the chair's desk. The committee on agriculture, conservation and natural resources will meet 15 minutes after adjournment in Senate room b, the committee on rules will meet 30 minutes after adjournment in Senate room a. The education and health subcommittee on public education will not meet. This is a change. Education and health subcommittee on public education will not meet today. The finance subcommittee on education will meet at 3:00 p.M., tenth floor conference room, senators Norment, Newman, Howell, Saslaw, Hanger, roth and dunne van,o Dunnavant, commit zero owno zero committee on finance, Senate rooment a, Black caucus, five him p.M., sixth floor, Senate leadership conference room, tomorrow, Friday, February 3, there are several changes here, the committee on education and health will not meet. Education and health will not meet. The finance subcommittee on general government technology will meet at 8:00 a.M., tenth floor conference room, senators Vogel, Hanger, Lucas, McDougle, Obenshain and Dance. The committee on commerce and labor will meet at 9:00 o'clock a.M. In Senate room b. The republican caucus will meet one half hour before session in Senate room two, democratic caucus will meet one half hour before session in Senate room one.
[Unknown]
Thank you madam clerk. The Senator from Bedford, Senator Newman .
Steve Newman
Mr. President, I move that the Senate do now adjourn until 11:30 tomorrow.
[Unknown]
Thank you Senator, the question is, shall the Senate stand adjourned until 11:30 a.M. Tomorrow? As many as favor that motion will say aye, those opposed, no. The ayes have it, the Senate stands adjourned until 11:30 a.M. Tomorrow.
Steve Newman
[gavel]
[Unknown]
[gavel]