02/07/2017 Senate Proceedings

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Index

SB795—00:03:17
SB938—00:03:50
SB995—00:06:27
SB997—00:01:42
SB1075—00:01:03
SB1117—00:02:46
SB1199—00:01:08
SB1222—00:01:17
SB1240—00:03:00
SB1283—00:00:17
SB1344—00:01:22
SB1359—00:01:55
SB1363—00:01:10
SB1371—00:02:34
SB1398—00:05:22
SB1413—00:02:08
SB1414—00:01:02
SB1449—00:01:34
SB1475—00:01:08
SB1490—00:00:50
SB1506—00:01:22
SB1507—00:00:48
SB1516—00:11:58
SR132—00:06:19
SB1517—00:01:49
SB1532—00:01:29
SB1554—00:02:37
SB1563—00:03:12
SB1564—00:01:29
SB1578—00:01:13
SB1573—00:00:40
SB1578—00:00:22
SB1573—00:00:40
SB1578—00:00:49
SB1573—00:00:40
SB1578—00:00:10
SB1573—00:00:40
SB1578—00:02:39
SB1573—00:00:40
SB1578—00:02:29
SB1573—00:00:40
SB1578—00:00:53
SB1490—00:00:29
SB1192—00:00:20
SB1228—00:00:18
SB1231—00:00:25
SB1255—00:00:13
SB1492—00:00:15
SB1508—00:00:13
SB1509—00:00:15
SB1535—00:00:15
SB1573—00:00:26
SB1192—00:00:17
SB1130—00:01:32
SB1364—00:23:50
SB1061—00:00:29
SB1309—00:01:00
SB1324—00:00:46
SB1425—00:00:34
SB1512—00:00:29
SB1574—00:00:39
SB1590—00:00:37
SB1364—00:01:24
SB1061—00:01:22
SB1309—00:01:15
SB1324—00:12:49
SB1425—00:06:39
SB1512—00:00:46
SB1574—00:00:44
SB1590—00:00:22
SB900—00:00:46
SJ284—00:00:58
SJ295—00:27:22
SJ223—00:44:15
SJ231—00:03:17
SB1283—00:16:43
SB1130—00:00:43
Sen. Tommy Norment (R-Williamsburg)—00:00
Sen. Janet Howell (D-Reston)—00:02
Sen. Bill Carrico (R-Grayson)—00:00
Sen. Frank Wagner (R-Virginia Beach)—01:43
Sen. Bill Stanley (R-Moneta)—00:00
Sen. Frank Wagner (R-Virginia Beach)—00:00
Sen. Tommy Norment (R-Williamsburg)—00:41
Sen. Bill Stanley (R-Moneta)—04:57
Sen. Frank Ruff (R-Clarksville)—00:05
Sen. Jeremy McPike (D-Dale City)—01:10
Sen. Siobhan Dunnavant (R-Henrico)—00:00
Sen. Jeremy McPike (D-Dale City)—00:02
Sen. Bryce Reeves (R-Spotsylvania)—00:02
Sen. Barbara Favola (D-Arlington)—00:04
Sen. Siobhan Dunnavant (R-Henrico)—02:14
Sen. Scott Surovell (D-Mount Vernon)—00:08
Sen. Mark Obenshain (R-Harrisonburg)—00:03
Sen. Dick Saslaw (D-Springfield)—00:05
Sen. Scott Surovell (D-Mount Vernon)—00:03
Sen. Steve Newman (R-Forest)—00:07
Sen. Jennifer McClellan (D-Richmond)—00:14
Sen. John Cosgrove (R-Chesapeake)—00:05
Sen. Dick Black (R-Leesburg)—00:41
Sen. Janet Howell (D-Reston)—00:05
Sen. Siobhan Dunnavant (R-Henrico)—00:07
Sen. Barbara Favola (D-Arlington)—00:09
Sen. Siobhan Dunnavant (R-Henrico)—00:05
Sen. Tommy Norment (R-Williamsburg)—00:03
Sen. Jennifer McClellan (D-Richmond)—00:04
Sen. Dick Black (R-Leesburg)—00:00
Sen. Tommy Norment (R-Williamsburg)—00:00
Sen. Bill Stanley (R-Moneta)—00:00
Sen. Tommy Norment (R-Williamsburg)—01:28
Sen. Dave Marsden (D-Burke)—00:02
Sen. Bill Carrico (R-Grayson)—00:02
Sen. Tommy Norment (R-Williamsburg)—06:14
Sen. Frank Ruff (R-Clarksville)—00:05
Sen. Jennifer McClellan (D-Richmond)—00:00
Sen. Steve Newman (R-Forest)—00:21
Sen. Mark Obenshain (R-Harrisonburg)—00:03
Sen. Scott Surovell (D-Mount Vernon)—00:12
Sen. Bill Carrico (R-Grayson)—00:03
Sen. Scott Surovell (D-Mount Vernon)—00:55
Sen. Bill Carrico (R-Grayson)—00:02
Sen. Bryce Reeves (R-Spotsylvania)—00:02
Sen. Scott Surovell (D-Mount Vernon)—00:02
Sen. Bryce Reeves (R-Spotsylvania)—00:05
Sen. Scott Surovell (D-Mount Vernon)—00:00
Sen. Steve Newman (R-Forest)—00:00
Sen. Dick Black (R-Leesburg)—00:00
Sen. Bill Carrico (R-Grayson)—00:14
Sen. Bill Stanley (R-Moneta)—00:02
Sen. Scott Surovell (D-Mount Vernon)—00:02
Sen. Frank Ruff (R-Clarksville)—00:00
Sen. Tommy Norment (R-Williamsburg)—00:03
Sen. Steve Newman (R-Forest)—00:03
Sen. Bill Carrico (R-Grayson)—00:00
Sen. Adam Ebbin (D-Alexandria)—00:05
Sen. Bill Carrico (R-Grayson)—00:03
Sen. Adam Ebbin (D-Alexandria)—00:27
Sen. Chap Petersen (D-Fairfax)—00:00
Sen. Bill Carrico (R-Grayson)—01:00
Sen. Bill Stanley (R-Moneta)—02:17
Sen. Chap Petersen (D-Fairfax)—00:00
Sen. Bill Stanley (R-Moneta)—00:00
Sen. Chap Petersen (D-Fairfax)—00:00
Sen. Scott Surovell (D-Mount Vernon)—00:02
Sen. Frank Ruff (R-Clarksville)—00:00
Sen. Richard Stuart (R-Westmoreland)—00:00
Sen. Bill Carrico (R-Grayson)—00:02
Sen. Dick Black (R-Leesburg)—00:00
Sen. Dave Marsden (D-Burke)—00:02
Sen. Frank Wagner (R-Virginia Beach)—00:02
Sen. Ben Chafin (R-Lebanon)—00:03
Sen. Jill Holtzman Vogel (R-Winchester)—00:02
Sen. Tommy Norment (R-Williamsburg)—10:02
Sen. Emmett Hanger (R-Mount Solon)—00:00
Sen. Jennifer McClellan (D-Richmond)—00:04
Sen. Dave Marsden (D-Burke)—00:16
Sen. Louise Lucas (D-Portsmouth)—00:03
Sen. Tommy Norment (R-Williamsburg)—00:09
Sen. David Suetterlein (R-Salem)—00:00
Sen. Emmett Hanger (R-Mount Solon)—00:00
Sen. Mark Obenshain (R-Harrisonburg)—00:00
Sen. Barbara Favola (D-Arlington)—00:03
Sen. Mark Obenshain (R-Harrisonburg)—00:02
Sen. Barbara Favola (D-Arlington)—00:03
Sen. Emmett Hanger (R-Mount Solon)—00:00
Sen. Dick Saslaw (D-Springfield)—00:02
Sen. Mark Obenshain (R-Harrisonburg)—00:03
Sen. Frank Ruff (R-Clarksville)—00:00
Sen. Steve Newman (R-Forest)—02:22
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Minutes

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

Prayer offered by The Reverend Emily Edmondson, Christ Episcopal
Church, Marion, Virginia

ROLL CALL OF MEMBERS: quorum present

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

COMMUNICATION FROM HOUSE (HN10206): reading waived (38?Y 2?N)

The House of Delegates has passed the following House bills: HB
1517, 1534, 1536, 1572, 1573, 1574, 1600, 1650, 1653, 1716, 1718, 1774, 1790,
1796, 1829, 1938, 1939, 2007, 2040, 2046, 2107, 2141, 2156, 2171, 2191, 2255,
2257, 2279, 2332, 2352, 2364, 2381, 2383, 2422, 2431, 2432

The House of Delegates has agreed to the following House joint
resolutions: HJ 545, 562, 693, 823

The House of Delegates has passed the following Senate bills: SB
977, 1031

House bills and joint resolutions referred: see February 8 Senate
Calendar

BILLS REPORTED

From Finance:

From General Laws and Technology: HB 1422, 1505, 1591, 1623S, 1629,
1787, 1927, 1940, 1979A, 2151, 2302A

CALENDAR

UNCONTESTED CALENDAR

HOUSE BILLS ON THIRD READING

HB1477 - Read third time, Committee substitute agreed to (voice
vote), Engrossed, Passed Senate block vote (40-Y 0-N)

HB1509 - Read third time, Passed Senate block vote (40-Y 0-N)

HB1520 - Read third time, Committee substitute agreed to (voice
vote), Engrossed, Passed Senate block vote (40-Y 0-N)

HB1562 - Read third time, Committee amendments agreed to (voice
vote), Engrossed, Passed Senate block vote (40-Y 0-N)

HB1619 - Read third time, Passed Senate block vote (40-Y 0-N)

HB1740 - Read third time, Committee substitute agreed to (voice
vote), Engrossed, Passed Senate block vote (40-Y 0-N)

HB1781 - Read third time, Passed Senate block vote (40-Y 0-N)

HB1793 - Read third time, Passed Senate block vote (40-Y 0-N)

HB2076 - Read third time, Passed Senate block vote (40-Y 0-N)

HB2200 - Read third time, Passed Senate block vote (40-Y 0-N)

HB1760 - Read third time, Committee amendments agreed to (voice
vote), Out of block, Engrossed, Passed Senate (39-Y 1-N)

REGULAR CALENDAR

HOUSE BILLS ON THIRD READING

HB1454 - Passed by for day

HB2254 - Read third time, Passed Senate (33-Y 7-N)

UNCONTESTED CALENDAR

SENATE BILL ON THIRD READING

SB 800 - Read third time and passed Senate (39-Y 0-N 1-A)

REGULAR CALENDAR

SENATE BILLS ON THIRD READING

SB1128 - Passed by for day

SB1391 - Read third time and passed Senate (28-Y 12-N)

SB 795 - Read third time and passed Senate (24-Y 16-N)

SB 938 - Read third time and defeated by Senate (19-Y 21-N),
Reconsideration of defeated action agreed to by Senate (40-Y 0-N), Passed
Senate (20-Y 20-N, Chair voted yea)

SB 995 - Read third time and passed Senate (31-Y 8-N 1-A),
Reconsideration of passage agreed to by Senate (40-Y 0-N), Passed Senate (32-Y
8-N)

SB 997 - Read third time and passed Senate (34-Y 5-N 1-A),
Reconsideration of passage agreed to by Senate (40-Y 0-N), Passed Senate (34-Y
6-N)

SB1075 - Read third time and passed Senate (40-Y 0-N)

SB1117 - Read third time and passed Senate (31-Y 9-N)

SB1199 - Read third time and passed Senate (40-Y 0-N)SB1222 - Read third time and passed Senate (40-Y 0-N)SB1240 - Read third time and passed Senate (23-Y 17-N)SB1344 - Read third time and passed Senate (40-Y 0-N)SB1359 - Read third time and passed Senate (31-Y 9-N)SB1363 - Read third time and passed Senate (37-Y 2-N)SB1371 - Read third time and passed Senate (39-Y 1-N)SB1398 - Read third time and passed Senate (29-Y 11-N)SB1413 - Read third time and passed Senate (38-Y 2-N)SB1414 - Read third time and passed Senate (40-Y 0-N)SB1449 - Read third time and passed Senate (21-Y 19-N)SB1475 - Read third time and passed Senate (37-Y 2-N)SB1490 - Read third time and passed Senate (32-Y 8-N)SB1506 - Read third time and passed Senate (32-Y 8-N)SB1507 - Read third time and passed Senate (32-Y 8-N)

Transcript

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

[Unknown]
[ gavel banging ] >> The Senate will come to order. The senators will please take their seats. Those persons not entitled to the privileges of the floor will kindly retire to the gallery. The senators and all in attendance will stand and be led in prayer by the Reverend emily edmondson, christ episcopal church, marion. Reverend edmondson, welcome.
[Unknown]
Thank you very much. Let us pray. O God, the fountain of wisdom, whose will is good and gracious and whose law is truth, we beseech thee so to God and bless our senators of this great commonwealth, that they May enact such laws as shall please give them courage, wisdom, and thee. Foresight for provide for the needs of all our people. Give them understanding and integrity, that human rights May be safeguarded and justice served, that they May serve you faithfully in our generation and honor your holy name. And finally, be careful as you go about in God 's creation. Be gentle with yourself and others, for we are the dwelling place of the most high. Be alert and silent, for God is a whisper. May the blessing of almighty God be amongst you and remain with you always. 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 Monday February 6th, 2017.
Bill Howell
The Senator from Grayson County, Senator Carrico, moves that the reading of the journal be waived. All in favor of waiving the reading of the journal will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
Bill Carrico
Ayes 38, nos 2.
[Unknown]
Ayes 38, nos 2. The reading of the journal is waived. The clerk will report any communications from the House of delegates. The Senator from James city county, Senator Norment .
Tommy Norment
Good morning, Mr. President. I respectfully move that we waive the reading of any communications from the House of delegates, sir.
Bill Howell
Thank you, Senator. The question is shall the reading of the communications be waived. All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
Tommy Norment
Ayes 38, nos 2.
[Unknown]
Ayes 38, nos 2. The reading of the communication is waived. The clerk will report any communications from the governor.
[Unknown]
We do not have any, sir.
[Unknown]
Thank you, madam clerk. The time has arrived to recognize visitors to the gallery and take up other matters for the morning hour. The junior Senator from Virginia beach, Senator DeSteph .
Bill DeSteph
Good morning, Mr. President. I rise for an introduction.
[Unknown]
The Senator has the floor.
Bill DeSteph
Today in the gallery, we have a group from quiekco. They and their associates have a large building in Virginia beach that employs 2300 associates, and they're currently hiring 500 more. They're also from Fredericksburg and part of their -- this is part of their political awareness campaign. Geico has more than 6800 associates in the state of Virginia. With that, I hope we give them a warm welcome of the Senate .
[Unknown]
Thank you, Senator. Would members from geico please rise if you're with us. Senator, I 'm not sure if they have made it into the gallery. They perhaps are watching from another viewing area, but we certainly welcome them to the Senate today. I'd ask the members of the Senate to please join me in offering members from geico the warm welcome of the Senate. [ applause ] the senior Senator from Chesapeake, Senator Cosgrove .
John Cosgrove
Thank you, Mr. President. I rise for an introduction.
[Unknown]
The Senator has the floor.
John Cosgrove
Thank you, Mr. President. Today in the gallery we have representatives from the modern republicans from our Chesapeake area. We have with us the chairwoman dawn mat think son, vice chairwoman, dasha, and also deb be-hanson, the director of public relations. This used to be the modern republican women, but they have expanded to include guys like me, so I hope that you will give them the warm welcome of the Senate .
[Unknown]
Thank you, Senator. Would members from modern republicans please rise. Welcome to Richmond this morning and I 'm glad you all could make the trip from Hampton roads. Appreciate all the great work that you all do helping to get folks elected around the commonwealth of Virginia. It means a lot to us. So appreciate that and wish you safe travels. I'd ask the members of the Senate to please join me in offering members of the modern republicans the warm welcome of the Senate. [ applause ]
[Unknown]
The Senator from Hanover, Senator McDougle .
Ryan McDougle
Thank you, Mr. President. I rise for an introduction.
[Unknown]
The Senator has the floor.
Ryan McDougle
Thank you, Mr. President. In the gallery today, we have with my -- let's say assistants jason della cruz and jordan stewart, ashley peagram. Ashley is a guard on the vcu women's basketball team, a criminal justice major, and has done an excellent job in our office. We are really happy that she's been able to spend the time during this session and she has been a true assistant. I want to ask that you give her the warm welcome from the Senate and the thanks from my office fort great job she's done.
[Unknown]
Thank you, Senator. Would ashley peagram please rise. If you and your ges, other members of the staff from Senator McDougle 's office please rise. Thank you for being us this morning, and ashley, it sounds like you have, as we say, a lot on your plate, playing basketball and helping the Senator, but we appreciate your help and we hope you've learned a lot and we enjoy watching you all play basketball. Thank you for everything. I'd ask the members of the Senate to please join me in offering ashley and the other members from Senator McDougle 's staff the warm welcome of the Senate. [ applause ] the Senator from northern Fairfax County, Senator Howell .
Janet Howell
Thank you, Mr. President. I also stand for an introduction.
[Unknown]
The Senator has the floor.
Janet Howell
Thank you. We have visiting us today my legislative staff for this year. They have been keeping me on-time and in the right place so far every single day. It's an amazing feat. We have my interns tianna ivy and josh Cline and also my legislative assistant carol straub who is a crackerjack.
[Unknown]
Thank you, Senator. Would tianna ivy and josh Cline and carol straub please rise. Thank you for and thanks for all your work. Just as the good Senator said, we couldn't perform our mission without help from folks like you, so we certainly appreciate all your efforts and, again, at the same time, hope you've had a great learning experience. I'd ask the members of the Senate to please join me in offering tianna ivy and josh Cline as well as carol the warm welcome the Senate. [ applause ] the Senator from Grayson County, Senator Carrico .
Bill Carrico
Thank you, Mr. President. I rise for an introduction.
[Unknown]
The Senator has the floor.
Bill Carrico
Thank you, Mr. President. The prayer today was offered by a constituent of mine from marion, Virginia. It is Reverend emily edmondson from the christ episcopal church. I've known emily for probably 16, 17 years. She's been a great advocate for the region cares deeply about the people of our region. In her work there, she is very active in the farm bureau, she's very active in the community, helps setting up the first remote medical assistance program there in marion that came off very successful in the last couple of years, and she's here with us today with her two grandsons, john dylan fisher and clay yarian and I would ask that the body give her a warm welcome of the Senate .
[Unknown]
Thank you, Senator. Would the Reverend emily edmondson and john and clay please rise. Well, thank you all for making the trip from marion. I know it's a long trip for you, but we appreciate you getting us off to a good start this morning and as I said, I grew up in the episcopal church on the eastern shores, so hopefully you'll come visit us there, and to john and clay, I see you up there taking a few pictures, which is good. I hope you all have a great day here and can go back and tell your classmates how good of experience you had in Richmond and tell them you were in in jefferson's capitol today. Have a great time. I'd ask the members of the Senate to please join me in offering Reverend emily edmondson and her grandchildren john and clay the warm welcome of the Senate. [ applause ]
[Unknown]
Are there other matters for the morning hour? Seeing none, the clerk will call the calendar. The Senate will stand at ease.
[Unknown]
Mr. President, modify that all the House bills on third reading on the uncontested calendar on pages 1 through Page 5, House bill 1477 through House bill 2200, be advanced on their final passage in the block after the adoption of any amendments there to, so that he Senator desiring to remove a bill from the block, please do so of the a the clerk has read the number of the bill.
[Unknown]
The question is shall House bills on the unconcerned calendar, House bill 1477 through House bill 2200 be placed upon their final passage in a block after the adoption of any amendments there to, 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 pode no. The ayes have it. The motion has been agreed to. The clerk will please read the number of the bills.
[Unknown]
And this is the Senate calendar for tus, February 7th, 2011. House bill 1477, a bill relating to dogs and cats, lifetime licenses. Reported from the committee on agriculture, conservation and natural resources with a substitute.
[Unknown]
The Senator from Stafford, Senator stewart.
[Unknown]
Thank you, Mr. President. I move the substitute.
[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 committee substitute is agreed to.
[Unknown]
House bill 1509, reported from the committee on agriculture, conservation and natural resources. House bill 1520, reported from the committee on agriculture, conservation and natural resources with a substitute.
[Unknown]
The Senator from Stafford, Senator Stuart .
Richard Stuart
Mr. President, I move the
[Unknown]
The question is shall the substitute be adopted. Committee substitute be agreed to. All in favor of the motion will say aye. Those opposed, no. The ayes have it. The committee substitute is agreed to.
Richard Stuart
House bill 1562, reported from the committee on agriculture, conservation and natural resources with amendments.
[Unknown]
The Senator from Stafford, Senator Stuart .
Richard Stuart
I move the committee amendments be adopted.
[Unknown]
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.
Richard Stuart
House bill 1619, reported out of the committee agriculture, conservation and natural resources. House bill 1740, reported out of the committee on agriculture, conservation and natural resources with a substitute.
[Unknown]
The Senator from Stafford .
[Unknown]
I move the substitute be adopted.
[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 committee substitute is agreed to.
[Unknown]
House bill 1760, reported from the committee on commerce and labor with amendments.
[Unknown]
The senior Senator from Virginia beach, Senator Wagner .
Frank Wagner
Mr. President, modify the committee amendments be agreed to.
[Unknown]
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.
Frank Wagner
House bill 1781, reported from the committee on agriculture, conservation and natural resources. House bill 1793, reported out of the committee on agriculture, conservation and natural resources. House bill 2076, reported out of the committee on agriculture, conservation and natural resources. House bill 2200, reported out of the committee on agriculture, conservation and natural resources.
[Unknown]
Thank you, madam clerk. The question is shall the House bills passed --
[Unknown]
Mr. President.
[Unknown]
The Senator from Fairfax city, Senator Petersen .
Chap Petersen
Could House bill 1760 come out of the block?
Bill Howell
Without objection, House bill 1760 will come out of the block. The question is shall the House bills pass in block, that is all except House bill 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.
Chap Petersen
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The bills in the block pass. Returning to Page 4, House bill 1760, the senior Senator from Virginia beach, Senator Wagner .
Frank Wagner
Thank you, Mr. President. What House bill 1760 does is set up a pilot project in the far southwest of Virginia for pump storage. As you know, Mr. President, if year going to make renewable energy practical throughout the state and actually increase our generation from renewable energy resources as well as conventional, we're going to have to have a storage device of some type. This technology that we're using here is very similar to technology that's ongoing in Virginia right now. We have a pumped storage facility at lake muma which actually at night pumps water back up and when there's peak demand during the day, it actually uses the water pumped up during the night to do that. We're looking at similar technology to use some of the coal mines that finished production down in southwest Virginia, to be able to actually pump water into those when we have -- in the evening and when renewable energy resources exceed what the demand is, to allow that energy to be stored until such time that it can be released there during demand and generate electricity, so Mr. President, I think it puts Virginia ins wofrt leadership roles to allow us to actually create some storage for energy and that will be the big shift, I think, that really integrates renewables and allows us to use all the electricity we generate within Virginia when it is needed and when demand asks for it. With that explanation, I move the bill pass.
[Unknown]
Thank you, Senator. The Senator from Fairfax city, Senator Petersen .
Chap Petersen
Gentlemen use fold a question?
[Unknown]
Would the senior Senator yield for a question?
Chap Petersen
I yield.
[Unknown]
He yields, Senator .
[Unknown]
I'll keep this simple so I don't constantly repeat myself. Is this basically the companion to Senator Chafin 's bill that we debated last week?
[Unknown]
I would answer the gentlemen, yes, it is.
Bill Howell
Thank you, senators. The question is shall House bill 1760 record their votes aye, those are the senators ready to vote? Opposed no. 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.
[Unknown]
Regular calendar, House bills on third reading. House bill 1454, a bill relating to James river, designation as a component of Virginia scenic rivers system. Reported from the committee on agriculture, conservation and natural resources with a substitute.
[Unknown]
The Senator --
[Unknown]
Mr. President.
[Unknown]
The Senator from Roanoke County .
[Unknown]
With apologies to the chairman of Senate agriculture, can that go bye for the day if there's no objection?
[Unknown]
Do you want me to -- it's a House bill. It's a House bill. Is that okay? I'd ask it go bye for the day.
Bill Howell
Without objection, House bill 1454 will go bye for the day.
[Unknown]
House bill 2254, a bill relating to commodity boards, tobacco board. Reported from the committee on agriculture, conservation and natural resources.
[Unknown]
The Senator from Stafford, Senator Stuart .
Richard Stuart
Thank you Mr. Speaker president. I move the bill pass and speaking to it.
[Unknown]
The Senator has the floor.
Richard Stuart
Mr. President, this is a companion bill to one that we had in the Senate and it just deals with the self-imposed assessment for the promotion, for the tobacco board.
Bill Howell
Thank you, Senator. The question is shall House bill 2254 all in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 33, nos 7.
[Unknown]
Ayes 33, nos 7. The bill passes.
[Unknown]
Uncontested calendar, Senate bills on third reading.
[Unknown]
Senate bill 800 a bill to amend the code of Virginia by adding in chapter 29 of title 54.1, an article numbered 10, relating to direct primary care agreements.
[Unknown]
The Senator from Franklin County, tornado Stanley .
[Unknown]
Thank you, Mr. President. I move that there bill, Senate bill 800, pass and speaking to that.
[Unknown]
The Senator has the floor.
[Unknown]
Thank you, Mr. President. Members of the body, this is again what the stakeholders have worked out with regard to direct primary care agreements which allow patients to make contracts directly with the primary care physicians or their pediatric neurologists and to do so -- and it is not a component of insurance, so therefore, it is not deemed as insurance and therefore the commonwealth insurance laws do not apply. As you May know, my friend amended it yesterday to include some protections for those patients, so this is different than its form that it came out of committee, so based on that, I still move that Senate bill 800 pass.
[Unknown]
Thank you, Senator. The Senator from southern Fairfax County, Senator Barker .
George Barker
Mr. President, speaking for the bill.
[Unknown]
The Senator has the floor.
George Barker
As was referred to by the Senator from Franklin, I think with the amendments that were made, this bill is improved, does provide protections for those people who sign on to agreements and I think it provides an opportunity for a number of people to get primary care services readily who might otherwise not if they don't have health insurance. Which I think can get them into the health system, can improve their health and catch anything, diagnosed problems and get treatment early and therefore it benefits the people of Virginia .
Bill Howell
Thank you, Senator. The question is shall Senate bill 800 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 0, ruling 36-1.
[Unknown]
Ayes 39, nos 0, rule 36-1, 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]
The junior Senator from Virginia beach, Senator DeSteph .
Bill DeSteph
Mr. President, May Senate bill 1128 go bye for the day?
Bill Howell
Without objection -- Senator, this is our last day.
Bill DeSteph
Mr. President, pass the bill bye for the day, please.
Bill Howell
Thank you, Senator. Without objection, Senate bill 1128 will go bye for the day.
[Unknown]
Senate bill 1391, a bill relating to alcoholic beverage control, new license for certain commercial lifestyle centers.
[Unknown]
The junior Senator from Virginia beach, Senator DeSteph .
Bill DeSteph
Mr. President, May Senate bill 1391, request it be passed and speaking to the bill.
[Unknown]
The Senator has the floor.
Bill DeSteph
Mr. President, what this does is this enables for a commercial lifestyle center which means mixed use commercial development covering a minimum of 25 acres, having at least 100,000 square feet of retail facility along with a combination of dining, entertainment, office, residential, or hotel establishments can actually serve alcoholic beverages and you can work -- walk around in that lifestyle center. So with that explanation, I request passage of this bill.
[Unknown]
Thank you, Senator. The junior Senator from Loudoun, Senator Wexton .
Jennifer Wexton
I rise to speak in opposition to the bill.
[Unknown]
The Senator has the floor.
Jennifer Wexton
First, I do want to thank the patron, the junior Senator from Virginia beach, for coming and talking with me and our very candid discussion, which I really appreciated and which was quite instructive, and it is not through any lack of affection or respect for the junior Senator from Virginia beach that I rise to speak very strongly in opposition to this bill. And the reason for it -- for my doing so is that this is a huge departure from the way that we have regulated on-premises -- on-premises abc mixed beverage licensees ever since the abc has been around. Now, I 'm an optimist, I think it's something that I share with a lot of folks in this chamber, but one of the things I 've learned from a lot of folks on the opposite side of the chamber that is when you're crafting legislation, it's not always a good idea to assume everybody's going to -- emping is going to turn out great and everybody is going to do the right thing, okay? And in this particular -- where this particular piece of legislation is concerned, there is really no up side that I can see, but there is a huge, huge down side. This creates an entirely new category of licensee, a special lifestyle center. Well, what is that? It's a mixed use commercial development, mixed use includes retail, restaurant, hotel, office, residential, just about any kind of use you can think of, in combination, at least 25 acres of land and 100,000 square feet of retail space. And all governed by one management company. Okay. Well, that sounds like a pretty big place, right? It's not. We have literally dozens of these in Loudoun County, but this is not just a Loudoun County problem. The new wegman's that just opened in Chesterfield area, that store alone is 120,000 square feet. The development that surrounds it is about 40 acres in size, so that's going to come in under this umbrella. The three new developments coming in as a part of the short pub wegman's, I just think about them because they're coming all over Virginia, that's 206 acres, 790,000 square feet of retail space, and 814 residential units. Basically any place you have a walmart, you can possibly have one of these entities. So the a little while stief center gets a permit, which by the way costs $300, and then as -- by virtue of the fact that the lifestyle center has this permit, all of the retail restaurants licensees within that center can sell mixed beverages, can sell alcohol in to-go cups, which then people can take anywhere on the premises, except per the legislation in the parking areas, and, you know, the licensee is required to post signs telling people that they can't take their mixed drinks or their, you know, beer and wine into the parking areas. This is impossible to police. I don't know how we expect, you know -- there's going to be underaged drinking. People are going to pass their drinks off to others. There is no way to make sure -- I don't know if they're expecting to have security guards carding people once they have already purchased their beverages, but it's a completely unworkable system. And who is on the hook when someone passes their alcoholic beverage on to somebody else who's under age. Now, if we start allowing these entities to have these special licenses, it's only a matter of time before the others come and say, hey, we're at a competitive disadvantage. All of these people are making a lot more money than we are, nobody wants to come and be in our shopping center because our restaurants around making enough money. And then we're going to see more and more of them. Most of you all have been a lot longer than I have. You know how this is going to go. If we approve this, they're going to come back and say, well, maybe we don't need 25 acres because we're trying to redevelop some underserved areas and they don't need the whole 25 acres, we might need a smaller place. And not to mention the fact that given that this pretty much gets rid of the entire ratio or the requirement that food be served at the same time that liquor is served, so I 'm not saying there can't be something eventually that works, but this legislation is not it. It is a dangerous departure, it is unnecessary, and I would ask that the members of the body vote no.
[Unknown]
Thank you, Senator. The senior Senator from Virginia beach, Senator Wagner .
Frank Wagner
Mr. President, speaking to the bill.
[Unknown]
The Senator has the floor.
Frank Wagner
Mr. President, I have been around here a long time and I 've been here to watch various bills regarding alcoholic beverage licenses for a long, long time here and I can remember when, oh my God, the sky is going to fall, we're going to serve mixed beverages at concert venues, and it was a heated debate and the sky was going to fall and, you know what, Mr. President? You know, under the logic train I just heard from the junior Senator from Loudoun, maybe we ought to take back wolf trap's license and take back verizon am pi theater's license and do those kind of things. The sky hasn't fallen. I would point out to the gentlelady from Loudoun that I 've been to many collegiate football games and quite frankly, what goes on in the parking lots with the tailgates have become an art form in this country and something very much cher richard by the patrons and -- cherished by the patrons, and riots don't break put. That is a class one misdemeanor if you are caught providing alcohol and we have laws on the books today that ascribe a fine and one year in jail if you choose to serve alcohol to a minor. I would think this is a natural extension. I don't see the sky falling. These lifestyle centers, I haven't been through them, but under a control environment, this legislation does require additional security and this is altogether an appropriate pleasure and somehow we walk down this and it doesn't increase economic development or do the kind of things we're looking for and does become a huge problem, we come back another year and take another look at the license, but I think this is an important step to move forward and I hope you support the bill.
[Unknown]
The Senator from Franklin County .
[Unknown]
Speaking to the bill briefly.
[Unknown]
The Senator has the floor.
[Unknown]
I have to say, this looks to me like a jobs bill. This is a jobs bill. Because, you know, I don't know about you, but my lovely beautiful wife drags me shopping and anything that makes it more fun, I 'm up for. And I don't know about you, but when I have a beer, I want to buy things. So this improves the economy, this creates more jobs in the retail marketplace, it's an american thing and I 'm supporting this bill. Thank you, Mr. President.
[Unknown]
Thank you, Senator. The Senator from James city county, Senator Norment .
Tommy Norment
Mr. President, it is a wonderful day for brevity. I encourage you to support the bill.
[Unknown]
Thank you, Senator. The junior Senator from Virginia beach, Senator DeSteph .
Bill DeSteph
Mr. President, if I May, I 'm going to be very quick. I won't answer all 11 questions that were brought up by the junior Senator from Loudoun County. However, I will correct a few facts. One of the facts was it's impossible to provide security. Well, that's not true. We provide security in larger venues for block parties and massive events like the super bowl, tailgating and other things, so it's not impossible. Nothing is impossible. Under age drinking, it is a class one misdemeanor. The folks who would be responsible would be the licensee holder, so stating the fact that nobody is responsible, well, someone is. The licensee holder. Food is served with it, and actually, I believe that not only will this help improve and stimulate the economy, it will really help with the tax base in the state of Virginia by more food, more drinks being consumed, and more shopping so with that, I move the bill happening. Pass.
Bill Howell
Thank you, Senator. The question is shall Senate bill 1391 all in favor of the motion will opposed no. Record their votes aye, those are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
Bill DeSteph
Ayes 28, nos 12.
[Unknown]
Ayes 28, nos 12. The bill passes.
[Unknown]
Senate bill 795, a bill relating to a register of funds expended, required posting by localities and school divisions.
[Unknown]
The senior Senator from Richmond city, Senator Sturtevant .
Glen Sturtevant
Mr. President, I move the bill pass and speaking to the bill.
[Unknown]
The Senator has the floor.
Glen Sturtevant
Mr. President, Senate bill 1391 is a pro-transparency and accountability bill.
[Unknown]
Senator --
[Unknown]
795, excuse me. 795 is a great bill as well, Mr. President. This is a bill that would simply require our localities and school boards to post online their check registers. Many counties and cities and school boards across the state already do this. We're simply requiring the information that they already have, their money, their funds expended, to be posted online so that concerned citizens and voters can see how their tax dollars are being spent. And I would renew my motion that the bill pass.
[Unknown]
Thank you, Senator. The Senator from Fairfax city, Senator Petersen. Would the Senator from Richmond city yield for a question?
Chap Petersen
I yield.
[Unknown]
He yields, Senator .
Chap Petersen
I would preface my comments by saying I think this is excellent legislation and I think I carried it in 2008. Isn't this already existing law right now in the commonwealth, that check registers from local governments have to be put on the internet?
[Unknown]
The senior Senator .
[Unknown]
Mr. President, I would respond to the Senator that it is not legislation on the books presently. We do do it at the state level for state agencies.
[Unknown]
Further question, Mr. Claire.
[Unknown]
Would the Senator yield for an additional question?
[Unknown]
I yield.
[Unknown]
He yields, Senator .
[Unknown]
Has there been any analysis of what it will cost for localities to do this if they're not doing it right now? And think some of them are.
[Unknown]
The senior Senator .
[Unknown]
Mr. President, some localities are doing it. Depending on the locality, it will determine, I think, how much they say it costs. Fairfax, I think says it May cost them $40,000 a year to do this. Other localities say it will cost them a negligible amount, but I think this is a good government bill at the end of the day. It's one that we are only asking our localities to post online the information which they already possess, tax dollars that they are spending, where the dollars are going. We skit to be posted online -- ask it to be posted online in a simple format and I would submit that any expense to the localities at the end of the day will be a negligible one and I would also point out that this bill allows the localities to exclude from posting anything that would be exempt otherwise from foia, so we are still protecting private and confidential information.
[Unknown]
I thank the gentleman.
[Unknown]
Thank you, Senator. The Senator from Alexandria, Senator Ebbin .
Adam Ebbin
Very briefly, Mr. President, speak to the bill.
[Unknown]
The Senator has the floor.
Adam Ebbin
I think that this is not quite as simple as it seems. I would told that Chesterfield County does 186,400 transactions a year. Alexandria dra city, 165,000, another locality did 150,000 plus, not including their payroll, and all of this information is available through foia. I know it's not as convenient, but the software is not as cheap as some might think. I was told for one city, it would be $100,000 to implement. So with that, knowing the information is available, I 'm going to vote against the bill and I hope the body will as well.
Bill Howell
Thank you, Senator. The question is shall Senate bill 795 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 938, a bill relating to smoking in outdoor public places.
[Unknown]
The Senator from Roanoke city, Senator edward.
John Edwards
Mr. President, I move that Senate bill 938 pass and by way of explanation.
[Unknown]
The Senator has the floor.
John Edwards
Mr. President, what this bill does is a simple bill requested by the city of Roanoke that would authorize a locality by ordinance, after opportunity for notice and comment and so forth, to, at an outdoor amphitheater or concert venue owned by the locality only, very limited, to ban smoking, and the -- it will be governed by a $25 civil penalty, like a parking ticket. It would apply to -- it would require signage to make sure people know where you couldn't smoke, and it was specifically requested, Mr. President, by the city of Roanoke because I understand a nerf parents complained -- a nerf parents complained to the city energy. We have a really nice outdoors am if I theer, a lot of concerts, and parents complained that their children were being affected by the smoking around them. And so I would urge the body for the children of the city of the Roanoke and their visitors that come, the children that come and enjoy the outdoors amphitheater, which is very popular, to support this bill. I might point out that the $25 civil penalty would go to the Virginia healthcare fund, so it would be all good. So Mr. President, I urge the body to support this bill.
[Unknown]
Thank you, Senator. The senior Senator from Chesapeake, Senator Cosgrove .
John Cosgrove
Thank you, Mr. President. Speaking against the bill.
[Unknown]
The Senator has the floor.
John Cosgrove
Mr. President, a few years ago, you and I both carried the no smoking restaurants bill, which I thought was a good bill and I took a lot of heat for it. But this is exactly what I was afraid of. That this is going to become a christmas tree. Now, looking at the bill, outdoor public place means any public park, recreational facility, playground established by a locality, a public greenway or outdoors amphitheater --
[Unknown]
Mr. President, would the Senator yield for a question?
[Unknown]
Not quite yet. I'm sorry, I will yield, yes.
[Unknown]
Okay. Mr. President, if you look at the amendment that -- the amendment changed the definition so that outdoors public place means any outdoor amphitheater or concert venue owned by a locality. The rest of that earlier language was deleted by amendments.
[Unknown]
The senior Senator .
[Unknown]
I thank the gentleman for that clarification. I'm sorry that I didn't see the amendment, but I still hold that basically this is another christmas tree with another ornament going on it. What I fear when we carried that bill a few years ago, basically it's just going to have a rolling effect if we allow this to happen. So I 'm going to vote against the bill, thank you.
[Unknown]
Thank you, Senator. The junior Senator from Virginia beach, Senator DeSteph .
Bill DeSteph
Mr. President, will the Senator from Roanoke city rise for a question?
[Unknown]
Would the Senator from Roanoke city yield for a question?
Bill DeSteph
I'll be glad to.
[Unknown]
He yields, Senator .
[Unknown]
Mr. President, if he cork I 'd like to find out from the Senator from Roanoke city if they can have a smoking and no smoking area the way it is today in the outdoors amphitheater.
[Unknown]
The Senator from Roanoke city.
[Unknown]
Under the dylan rule, Mr. President, it's my understanding that we -- the general assembly would have to authorize the city to block off smoking at certain locations, and so this is authorizing legislation only. And it would require signage.
[Unknown]
The junior Senator from Virginia beach.
[Unknown]
Mr. President, if I May, speaking to the bill.
[Unknown]
The Senator has the floor.
[Unknown]
I believe today that in outdoor am if I theers, they can have smoking sections and nonsmoking sections and that's why I 'm not going to support this bill.
Bill Howell
Thank you, Senator. The question is shall Senate bill 938 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 19, nos 21.
[Unknown]
Ayes 19, no, sir 21, the bill does not pass.
[Unknown]
The Senate will stand at ease. [ gavel banging ] >> The Senate will come to order.
[Unknown]
Senate bill 995, a bill relating to public schools, student discipline, long-term suspension.
[Unknown]
Madam clerk, the Senator from James city county.
[Unknown]
Thank you, Mr. President. Having voted on the prevailing side by which we did not pass Senate bill 938, I would ask that we reconsider that bill.
Bill Howell
Thank you, Senator. The question is shall the vote by which Senate bill 938 was not passed be reconsidered. All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The motion is agreed to. The Senator from Roanoke city, Senator Edwards .
John Edwards
Mr. President, the bill having been explained, this is one for the children of the city of Roanoke to go to amphitheaters, and so I would urge the body to support the children.
[Unknown]
Thank you, Senator. The Senator from James city county, Senator Norment .
Tommy Norment
Thank you, Mr. President. The collective wisdom of the body that was add least 21 of the members voted to not pass this bill and I would extend an invitation to the other 19 of you to join us in defeating this bill and those who voted against it on the first occasion, I would invite you to sustain a consistent position and vote against Senate bill 938.
Bill Howell
Thank you, Senator. The question is shall Senate bill 938 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.
Tommy Norment
Ayes 20, nos 20.
[Unknown]
Ayes 20, nos 20. The chair votes yes. The bill passes.
[Unknown]
Senate bill 995, a bill relating to public schools, student discipline, long-term suspension.
[Unknown]
The Senator from Franklin County, Senator Stanley .
Bill Stanley
Thank you, Mr. President. I now move Senate bill 995 pass and speaking to that.
[Unknown]
The Senator has the floor.
Bill Stanley
Ladies and gentlemen, Senate bill bill 995 is a very important bill. Right now currently in Virginia, we have short-term suspensions which go up to ten days and 11 to 364 days, these are school days, as long-term suspension. Senate bill 995 shortens long-term suspensions from 11 to 364 to 11 to 60 school days. That's still half of a year. As a reminder, Mr. President, I would say that studies have shown a stark figure that, we are the number one state that creates a pipeline from the schoolhouse to the courthouse and quite frankly, we need to do something about that. We need to create a balance to give these children an opportunity to succeed. Last year alone, 126,000 out of school suspensions, Mr. President. That is an increase from previous years, over 3,000 long-term suspensions given during that year and of those lerp suspensions, over 200 were elementary school students. What we know is when a student is suspended for long term, miss and year of school, is not expelled, they end up with academic failure. Grade retention. That is, they don't move on to the next grade and they end up dropping out of school. There May be undiagnosed mental health issues which are not addressed by just sending them home without trying to address the underlying problems which May have created the disruption. Substance abuse, those students that are given long-term suspensions are more likely to involve themselves in substance abuse later in life and have involvement with the justice system, Mr. President. I know that for a fact, Mr. President, as a trial I always try to find out the attorney. Source of my client's problems. And those that come before the criminal justice system over and over have told me at least in part of their history, they had a long-term suspension. Those schools with the highest suspension rates generally report the lowest test scores and the lowest graduation rates. What this bill does basically is do two things. It address s a problem and a need. It allows the long-term suspension to be reduced to 60 days, but within that, the long-term suspension part of 60 days, 45 of the days, the school will come and review to see if the child ha has been suspended can be reintegrated into their in addition to that, parents familiar. Will be given notice of the circumstances of why their child was suspended and that is critical and important. We have worked with the stakeholders. I can't say that we've got 100% agreement, but we've also allowed this to carry over into the next grading period and over the summer, which the bill in its original form did not. This is the best way we can address these problems. At the same time that we keep our students safe, we need to acknowledge that we're just throwing them away, and that these children deserve the education that we promised them. Mr. President, looking at a report -- this is what got me started on this -- from just children program, the legal aid justice centered published in May of 2016, Virginia schools out of school suspensions, over one-fit of fifth in st. Nicholas toos kindergarten through the fifth grade. African american were 23% but were subject to 58% of short-term suspensions, 60% of long-term suspensions, and 55% of the expulsions, Mr. President. They were 3.6 times more likely than white students to be suspended. And more -- and just as important, Mr. President, students with disabilities were 12.3% of the Virginia student population, but were subjected to 27.6% of short-term suspensions, 22% of long-term suspensions, and 21% of expulsions. They were 2.4 times more likely than students without disabilities to be suspended. We've got to stop this, and this bill does that. Thank you, Mr. President. I now move that it pass.
Bill Howell
Thank you, Senator. The question is shall Senate bill 995 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 31, nos 8, rule 36-1.
[Unknown]
Ayes 31, nos 8, rule 36-1, the bill passes.
[Unknown]
Senate bill 997, a bill relating to public schools, student discipline, students in preschool through grade three.
[Unknown]
The Senator from Franklin County, Senator Stanley .
Bill Stanley
Mr. President, I move that Senate bill 997 pass and speaking to the bill.
[Unknown]
The Senator has the floor.
Bill Stanley
Mr. President, I 'm just told from someone over here that perhaps my speech on the last bill was longer than a long-term suspension. [ laughter ] someone just said more painful. Mr. President, I 'll be as brief as I possibly krk but these bills are so important to try to save our children. Like I told you, over 16,000 students last year in public school were suspended in pre-kindergarten through the third grade. And quite frankly, when we're talking about the formative years, they really don't understand their behavior when we could be correcting that behavior and I think we need to address that next year, but what this basically does is say that if you're in pre-k to third grade, the longest suspension that you can incur, unless it's criminal act that's defined in the code, is no more than ten days. And based on that, what we're helping them to do is learn the error of their ways, not get so far behind that they cannot make up for what they have lost, and also as you saw, those statistics for those children that are being suspended who live below the poverty level, Mr. President, they could be missing a breakfast or lunch during that suspension or home alone. We need to take care of our pre-k to third grade students, we need to find alternatives to punishment and I hope this is a short-term suspension time that I talked and I move that the bill pass.
Bill Howell
Thank you, Senator. The question is shall Senate bill 997 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 34, nos 5, rule 36-1.
[Unknown]
Ayes 34, nos 5, rule 36-1. The bill passes.
[Unknown]
Senate bill 1075, a bill relating to veterans services foundation, powers and duties, and appointment of executive director, report.
[Unknown]
The Senator from mecklenberg, Senator Ruff .
Frank Ruff
Thank you, Mr. President. I move the bill pass and speaking to the bill.
[Unknown]
The Senator has the floor.
Frank Ruff
Senate bill 1075 ensures the integrity, accountability and transparency of the Virginia services foundation and the veterans services fund by clearly defining the I did tinction between the foundation and the department of veterans services. Assuring that the foundation is an independent agency of the commonwealth of Virginia, supporting veterans and their families through a mutual supporting partnership with the department of veterans services, the floor amendment yesterday addressed the concerns of the secretary and I hope the bill -- I renew the motion to pass.
Bill Howell
Thank you, Senator. The question is shall Senate bill 1075 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 1117, a bill relating to school counselors, licensure.
[Unknown]
The Senator from Prince William County, Senator McPike .
Jeremy McPike
Mr. President, I move the bill pass and speaking to that motion.
[Unknown]
The Senator has the floor.
Jeremy McPike
Senate bill 1117 provides a framework that -- for those seeking initial licensure and renewed licensure for school counselor that, they be provided with training on mental healths and behavioral diagnosis stress. These are some of the pack tars that the Senator from Franklin just spoke about. This is supported by school counselors, suicide prevention groups and several others.
[Unknown]
The senior Senator from Chesapeake, Senator Cosgrove .
John Cosgrove
Speaking to the bill.
[Unknown]
The Senator has the floor.
John Cosgrove
We heard this bill in committee and again, this is just one more unfunded mandate that the general assembly is sending down to local schools. We say you got to do this and we don't give them any money to do, just telling them you have to do this. If you don't believe in unfunded man dates, you ought to think about that when you vote for the bill.
[Unknown]
Thank you, Senator. The Senator from Prince William County .
[Unknown]
Mr. President, just to follow up one thing. I would suggest that the cost of suicide, the cost of behavorial issues is much greater to the state. Catching this early is one of our keys, one of our keys to catch kids early in the system, our school counselors as they increase their tool set can help us do that and provide some long-term savings, so with that, I ask the bill pass.
[Unknown]
Thank you, Senator. The Senator from Henrico, Senator Dunnavant .
Siobhan Dunnavant
Yes, Mr. President. Would the Senator from Prince William yield for a question gloom would the Senator from prince? Yield for a question?
[Unknown]
I yield.
Siobhan Dunnavant
He yields, Senator .
[Unknown]
Mr. President, I 'm curious about there bill. As I understood it in committee, bill only addressed the continuing medical education credits that the individuals that were counselors sought and there was no mandate that the school provide them with those learning opportunities or cmes, it just made sure that when they got their already directed cmes, they included information in this area.
[Unknown]
Is that your question?
[Unknown]
The question is, is it requiring the schools to provide the educational opportunity at a cost to the school or sit just requiring the psychologists to seek that on their own?
[Unknown]
Thank you, Senator. The Senator from Prince William .
[Unknown]
I would ask -- respond to the gentlelady that this is going to impact that it is upon the individual as they're seeking their licensure in order to seek those out, so it's categories of mental health and behavioral health to be included in the licensure.
Bill Howell
Thank you, Senator. The question is shall Senate bill 1117 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 31, nos 9.
[Unknown]
Ayes 31, nos 9. The bill pass.
[Unknown]
Mr. President.
[Unknown]
The Senator from northern Fairfax County, Senator Howell .
Janet Howell
Having voted on the prevailing side by which we passed Senate bill 997, I ask we reconsider that vote so my seat mate can correct his misbehavior.
[Unknown]
Thank you, Senator. The question is shall the vote by which Senate bill 997 passed be 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?
Janet Howell
Ayes 40, nos 0. The clerk will close the roll.
[Unknown]
Ayes 40, nos 0. The motion is agreed to. The Senator from Franklin County .
[Unknown]
Thank you, Mr. President. In the briefest motion ever, I now move that the bill pass based on what I 've said previously.
[Unknown]
Thank you, Senator. The question is shall -- the Senator from Spotsylvania, Senator Reeves .
Bryce Reeves
Mr. President, I 'll make that motion after we finish voting.
Bill Howell
Thank you, Senator. The question is shall Senate bill 997 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.
Bryce Reeves
Ayes 34, nos 6.
[Unknown]
Ayes 34, nos 6. The bill passes. The Senator from Spotsylvania .
[Unknown]
Thank you, Mr. President. I hate to do to the bow, but having voted on the prevailing side of Senate bill 995, I ask that vote be reconsidered.
Bill Howell
Thank you, Senator. The question is shall the vote by which Senate bill 995 passed be 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 Franklin County, Senator Stanley .
Bill Stanley
Thank you, Mr. President. For the reasons preefl explained, I now move again the passage of Senate bill 995.
Bill Howell
Thank you, Senator. The question is shall Senate bill 995 record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
Bill Stanley
Ayes 32, nos 8.
[Unknown]
Ayes 32, nos 8. The bill passes.
[Unknown]
Senate bill 1199, a bill relating to rights of blind parents.
[Unknown]
The Senator from Arlington, Senator Favola .
Barbara Favola
Thank you, Mr. President. I move that Senate bill 1199 pass and speaking to the motion.
[Unknown]
The Senator has the floor.
Barbara Favola
Thank you, Mr. President. What this bill does is it defines blindness. It states that blindness cannot solely be used to determine the restriction of custody. If it is alleged that blindness should be a factor, then the party must have clear and convincing evidence and if the evidence is shown the blind parent shall have an opportunity to demonstrate how supportive services would address the problem and the court shall communicate its decision based in an accessible format. These elements also would apply to foster parents and adoptive parents. I worked with the disability law center on this bill and I respectfully ask that the ladies and gentlemen vote for it.
[Unknown]
Thank you, Senator. The question is shall Senate bill 1199 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?
Bill Howell
Ayes 40, nos 0. The clerk will close the roll.
[Unknown]
Ayes 40, nos 0. The bill passes.
[Unknown]
Senate bill 1222, a bill relating to the acute psychiatric patient registry.
[Unknown]
The Senator from southern Fairfax County, Senator Barker .
George Barker
Mr. President, I move the bill pass and speaking to the bill.
[Unknown]
The Senator has the floor.
George Barker
Mr. President, members of the Senate, in 2014 we took a major step forward in ensuring that everybody who needed a temporary detention order got one, and set the state facilities as the facilities of last resort. That has overall worked pretty well and we no longer doesn't have anyone who doesn't get a tdo when they need it, but it has lid to increased use in terms of numbers of patients at the state fals despite the fact that it's a private hospital, the average occupancy rate is 65%. What this bill would do is allow the community services boards when they have difficulty placing someone, to in effect in one form or another yet to be determined, in effect notify the hospitals or allow the hospitals to respond to a need when the hospital has available beds and available staff to take care of them, which I think can provide better care to the patients and reduce the pressures on the state facilities. I hope it would be the pleasure of the body to pass the bill.
Bill Howell
Thank you, Senator. The question is shall Senate bill 1222 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. Relating to the creation of the
[Unknown]
Senate bill 1240, a bill Virginia virtual school.
[Unknown]
The Senator from Henrico, Senator Dunnavant .
Siobhan Dunnavant
Thank you, Mr. President. Speaking to the bill.
[Unknown]
The Senator has the floor.
Siobhan Dunnavant
So in Virginia, I am very concerned that we provide the opportunity for all students to learn in the way that is most conducive to their learning patterns. We all know that children learn in different ways. Virtual school is a great opportunity that 30 other states have taken advantage of in providing alternative learning that their students. I think it's really important for Virginia and very important we have this outreach to areas that are unable to get teachers in certain areas like math, and I would move that you support the bill.
[Unknown]
Thank you, Senator. The Senator from Fairfax city, Senator Petersen .
Chap Petersen
Thank you, Mr. President. Speaking in favor of the bill. Mr. President, ladies and gentlemen of the Senate, this is a pretty complex subject and the gentlelady from Henrico and myself have been working on for it several weeks and we have a couple laps around the track, I think, still to go. Let me talk a little bit about the bill because the details are important. As the gentlelady said, this does -- this bill does wrote note a virtual -- promote a virtual education option, a full-time option for those students that learn better in a virtual environmental, whether due to a disability or behavorial issues. Secondly, it also has school choice, which is to say parental choice, so parents can choose the best option for their kid. The hiccup in my opinion in its current stameg is the governance model. It was a 14-member advisory board which I think is a little bit unwieldy. The bill I had would have gone ahead and administered this from the existing school subdivisions. I understand other pokes don't like that -- folks don't like that and that's part of it right now. I'm not usually one to talk about process and I criticize other people that -- but this is an evolving process. I'm trying to keep hopefully the third floor involved in this conversation because I do not want to repeat of last year where we ended up with no bill at the end of the year. I'm going to vote for this, but it still need and couple laps to go.
[Unknown]
Thank you, Senator. The Senator from Henrico .
Chap Petersen
Thank you, Mr. President. I would certainly welcome the support of the third floor. There are challenges. This is a private-public partnership in a way and it will save Virginia money. Right now we're spending about $480,000 a year on k-12 full-time virtual education provided by the department of education, and this is a one-time investment that is self-sustaining. There are nuances and it is complicated, but I move the bill, please.
Bill Howell
Thank you, Senator. The question is shall Senate bill 1240 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 23, nos 17.
[Unknown]
Ayes 23, nos 17. The bill passes.
[Unknown]
Senate bill 1283, a bill relating to public schools, regional charter school divisions.
[Unknown]
The Senator from Rockingham, Senator Obenshain shane.
Mark Obenshain
Mr. President, can that go bye temporarily.
Bill Howell
Without objection, sb 1218 will go bye temporarily.
Mark Obenshain
Senate bill 1344, a bill relating to in-camera interviews of child in custody or visitation proceeding, court's discretion to make record or transcript available.
[Unknown]
The Senator from eastern Fairfax County, Senator Surovell .
Scott Surovell
Thank you Mr. Speaker president. I move to pass the bill and speaking to the bill.
[Unknown]
The Senator has the floor.
Scott Surovell
Thank you. Ladies and gentlemen of the Senate, this legislation makes Virginia code consistent with and precedent of the Virginia the united states constitution course of appeals. Right now the code -- an in-camera interview of a child occurs when a judge wants to go back and interview a child without either the attorneys or the parents present for the right now the code requires the interview. Court to make a record of that. If the interview occurs in a circuit court, but in a juvenile domestic relations court, the code does not require a transcript or record to be made. Back in, I think 1996, if any of the lawyers want to read the case, the court of appeals in Virginia held that a parent, due to their fundamental liberty interests under the united states constitution, has a constitutional right to have a transcript of that proceeding made or a record of that proceeding made, so there's not secret evidence in a case. We don't have secret evidence in the united states of america. Here you get to know what the evidence is against you in a sill or criminal case and this cosenction simply says -- this amend simply says that juvenile court has to make some kind of record, either a transcript or digitally record it or the judge can actually write it down and I think it's a pretty common sense bill and I lope the body would pass it.
Bill Howell
Thank you, Senator. The question is shall Senate bill 1344 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 1359, a bill relating to local school boards, school buildings, potable water, lead testing.
[Unknown]
The Senator from Prince William County, Senator McPike .
Jeremy McPike
Mr. President, I move the bill pass and speaking to that motion.
[Unknown]
The Senator has the floor.
Jeremy McPike
This bill sets out a framework where local school boards will create a plan to implems a testing procedure for all their school facilities, checking for lead. The problem is that our municipal water supply systems, they're tested on a regular basis and you see the reports that are published online. Most are in fairly good shape in terms of lead, but the problem is we have many facilities across Virginia that were built prior to '86 as we as they still have lead and lead components within the school buildings. Lead is a known issue that inhibits brain development and specifically dangerous to kids. This issue, frankly, my own professional background, I tested, did over 500 testing samples this past year, surprisingly came back with 25 high results bo 20 parts per -- above 20 parts per blin which require remediation. Basically the issue is both within the pining as well as solder joints, many of the components still contain lead and how you repletate is identify and test the sources. This bill simply lays out the school systems create a plan to test and that can be over multiple years. They can do an assortment of ways to do that to go through. Where they do find results above 20 parts per billion, they are to take that faucet or fountain out of service and remediate. Obviously it just removes the element of lead from the system and it's important we do this. With that, I ask the bill pass.
Bill Howell
Thank you, Senator. The question is shall Senate bill 1359 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 31, nos 9.
[Unknown]
Ayes 31, nos 9, the bim passes.
[Unknown]
Senate bill 1364, a bill to require the secretary of transportation to convene a task force to study the feasibility of establishing a statewide one-stop online portal for address changes for the purposes of developing a statewide address database, report.
[Unknown]
The Senator from Rockingham, Senator Obenshain .
Mark Obenshain
Mr. President, I move the bill pass and speaking to the bill.
[Unknown]
The Senator has the floor.
Mark Obenshain
This bill simply requires the secretary of transportation or his designee to convene a task force to look at the feasibility of creating a portal for address changes so that if you have an address change and change your address on the -- your driver's license, it's changed for the department of tax, the department of health, dmas, circuit courts, anybody. We've got the capability and this brings together a number of agencies to see whether it's feasible and report back.
Bill Howell
Thank you, Senator. The question is shall Senate bill 1363 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 37, nos 2.
[Unknown]
Ayes 37, nos 2. The bill passes.
[Unknown]
Senate bill 1371, a bill relating to the Virginia research investment committee.
[Unknown]
The senior Senator from Fairfax, Senator Saslaw .
Dick Saslaw
Mr. President, members of the Senate, this is somewhat of a clean-up bill from last year. Chris Jones, Delegate Jones created this as part of what we did last year in putting money through research through the bond and cash process. The Virginia research investment committee is a committee -- it consists of the chairman of the -- the Head of the staff of House appropriations, also Senate finance, and the secretaries of Senate finance, secretary of technology, and four members from go Virginia. And it takes some of the function from the cit that they have and it shifts it to the Virginia research investment committee, and what they do is -- they're going to be responsible for the development of what's called a commonwealth research technology and strategic roadmap, which is essentially a plan that advises -- it's drawn up that advises the government on -- through the cit through colleges, where to invest small amounts of point for research. -- of money for research. The monies that are covered by the budget. We did reduce some money, but that was in a -- it was 12.2 million, but down to -- it was 22 million originally and now it's 12.2. It stayed that, but it will cover this and like I said, the two major components are, one, the roadmap part which is just explained, and the other is the, under foia, companies that submit applications for grants, if they don't get the grant, then their trade secrets are not subject to foia. Obvious if they do get the grants, what they're proposing does become part of foia. So with that, I would hope that you would pass the bill.
Bill Howell
Thank you, Senator. The question is shall Senate bill 1371 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.
Dick Saslaw
Ayes 39, nos 1.
[Unknown]
Ayes 39, nos 1. The bill passes.
[Unknown]
Senate bill 1398, a bill relating to coal combustion residuals unit, closure permit, evaluation.
[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]
The Senator has the floor.
Scott Surovell
Thank you, Mr. President. Ladies and gentlemen, this bill has to do with coal ash and you might have been reading a lot about coal ash in the paper over about the last 18 months because we have a whole bunch of new rules that the epa has mandated on Virginia that we have to implement here in the state and I 'm going to talk a little bit about the problem, talk about the problem here in Virginia, and then talk about what this bill does. Coal ash is basically what's left over after coal is burned. We've been burning it in Virginia for years and basically what utilities have been doing historically, they take it out back and they've been durching it in a pond so it doesn't blow around. A lot of these poppeds are located -- ponds are located right next to water bodies, rivers, bays. There's one that sits right in the old channel of the James river in Chesterfield. The problem with coal ash, when you put it in touch with water, it leemps out all kinds of nasty stuff which ain't very good for your complexion and it's been getting out and getting in our ground water and rivers and we have six sites in Virginia, streams. Just to give you an idea of how close this is or how it affects the people you represent. We have possum point up in dumfries, bluff in palmyra, a site in Chesterfield on the James river, we have two sites on the James and there's another site down on the elizabeth river, the Chesapeake site. The Chesapeake site is actually interesting. It's an entire power plant built on an island of coal ash with the coal ash pond in the middle of the coal ash island and an entire golf course that nobody wants to own anymore. And then there's also two sites out in southwest Virginia, glen lynn and clinch river, and glen lynn and carbo. There are two massive spills in the united states, one in tennessee and one which we know about that came through Virginia a couple years ago, one is a super fund site and the other one cost over a billion dollars to clean up. And due to those spills, those pond breaks, the epa says that we have to do something to close down these fonds and so -- ponds and so the deq is trying to come up with a way to figure out how to clote ponds down. You have to get two permits a water permit and waste permit if you want to leave it in place and land fill it. Deq has been struggling it with, I think. In ncaa -- in north carolina, georgia and south carolina, we started to do recycling and in Virginia, we haven't looked at that. In north carolina, they're doing clean closure, digging it up and hauling it and putting it in a land fill. A lot of north carolina's ash is coming to Virginia. What this bill basically does is it says that before the department of environmental quality can issue any permanent waste permit on a coal ash dump, they have to go through certain steps. Number one, they have to ask dominion -- and by the way, this bill only applies to any coal ash ponds that are in the Chesapeake bay watershed, which is only dominion. The two apco pond are on the new river. What has to happen is dominion has to do analysis of water pollution and how to fix it. Number two, they have do an assessment of whether they can recycle any of this coal ash. Number three, they have to evaluate the possibility of clean closure, that is digging it up and moving it. Number four, they have to do an analysis of whether or not any of these ponds are subject to having problems due to hurricanes, flooding or other natural disasters, because they are all very low next to rivers and water bodies, and lastly, they have to take a really hard look at recycling. Once they've done that, they give all that information to deq and deq is allowed to issue a permit. It's very important because this will ensure we make the right decision. I want to say really quick also, I know there's been concern about whether or not this is sort of part of the public narrative that deem nonized coal and I want to make clear that this is not. It's not that at all. Commissioner of vdot the other I was talking about the day and he pointed out to me that coal ash, about ten years ago, they discovered that the use of coal ash in concrete mixtures has enhanced Virginia 's concrete significantly. They made it to this high performance concrete which they think last and lot longer than our existing concrete. The problem is we don't have enough coal ash in Virginia to meet our needs and we're actually importing it from china, cass kazakhstan and other states, so I think this bill is a good bill because it will force us to take a hard look as to whether or not we can use our coal ash here in Virginia, recycle it and make jobs, clean the environment in Virginia, start using our coal ash to build our roads and schools and also make concrete block out of it. Mr. President, I also want to thank you Senator Marsden, Stanley and the chairman who have been working with me on this issue for about a year now. Water quality is a bipartisan I 've had a lot of sportsmen, issue. Guys who fish, boat, swim in the rivers, contact me, people who earn their living on the river. I think this is a good step to make sure we make the right decision for the next 100 years in Virginia. Move the bill pass.
Bill Howell
The question is shall Senate bill 1398 record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change the clerk will close the roll. Their vote?
[Unknown]
Ayes 29, nos 11.
[Unknown]
Ayes 29, nos 11. The bill passes.
[Unknown]
Senate bill 1413, a built relating to immunity of persons, defamation, statements regarding matters of public concern communicated to a third party.
[Unknown]
The senior Senator from temperature vant. Richmond city, Senator
[Unknown]
Mr. President, move that the bill pass and speaking to the bill.
[Unknown]
The Senator has the floor.
[Unknown]
Ladies and gentlemen, the bill that is before you for consideration is what is called anti-slap legislation. It is free speech in a consumer protection bill. We are already have a version of it on the books that protects the public when they speak before school boards and city councils and boards of supervisors from being sued. This bill expands that somewhat to protect the public from similar types of strategic lawsuits that are meant to stifle discussion of matters of public concern, but that are not necessarily made at a school board meeting or a city council meeting, but that are made outside of that context, but with regard to those same matters of public concern. I had a group of individuals in my district who wrote a private letter to their superintendent, making comments about a principal, a weekly newspaper of all things actually published that letter and then this group of parents from a local school were sued by that principal. They had to take it all the way to the supreme court. They had to hire lawyers to defend them throughout that process, and as I 've brought this bill, I 've heard from a number of you all who know or are aware of individuals who have also had these sorts of suits either filed against average constituents or have been threatened against them, and this is a bill that would help to disincentivize public officials from seeking to stifle prespeech with these strategic
Bill Howell
Thank you, Senator. Lawsuits. The question is shall Senate bill 1413 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 bill passes.
[Unknown]
Senate bill 1414, a bill relating to students receiving home instruction, participation in advanced placement and preliminary sat/national merit scholarship qualifying test examinations.
[Unknown]
The Senator from Bedford, Senator Newman .
Steve Newman
Mr. President, I move the bill pass and speaking to the motion.
[Unknown]
The Senator has the floor.
Steve Newman
Mr. President, the bill just updates the code of Virginia on the new names for many of the tests that are in the bill. It also moves to a written policy local school boards will have on implementing the notice and also if there's financial aid available, just like the code before, they continue to let the children know that there is financial aid available. The amendment yesterday just ensured that the preac test was also included. To my knowledge, those in the school industry are supportive of the bill.
Bill Howell
Thank you, Senator. The question is shall Senate bill 1414 pass. Record their votes aye, those are the senators ready to vote? Opposed no. 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 1449, a bill relating to the establishment of the red tape reduction commission, review of regulatory requirements, report.
[Unknown]
The Senator from Chesterfield, Senator Chase .
Amanda Chase
Thank you, Mr. President. I move that the bill pass and speaking to the bill.
[Unknown]
The Senator has the floor.
Amanda Chase
Mr. President, this is a great bill that's going to help reduce the amount of red tape that we have. It provides for a -- and actually, there is a part in here that we took out that would reduce the red tape necessary to reduce red tape, if you will. We've changed the membership of the red tape commission to be citizen board comprised of nine members, six appointed by the governor, two by the speaker of the House and one by the Senate rules committee. And the commission continues to be located in the executive branch. It provides for the red tape commission administer regulatory requirement baseline process rather than establishing a division when the department of planning and budget. It excludes regulations that are necessary to conform to changes in Virginia 's statutory law or that appropriations act where no agency discretion is involved or to meet requirements of federal law or regulations from the definition of a regulatory requirement. This limits the universe to discretionary rule making. And this is a bill that we heard earlier and has come back over from finance, so I 'm just going to move that the bill pass.
Bill Howell
Thank you, Senator. The question is shall Senate bill 1449 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 21, nos 19.
[Unknown]
Ayes 21, nos 19. The bill passes.
[Unknown]
Senate bill 1475, a bill relating to family life education, curriculum guidelines and curricula.
[Unknown]
The junior Senator from Richmond city, Senator McClellan .
Jennifer McClellan
Thank you, Mr. President. I move that the bill pass and speaking to that motion.
[Unknown]
The Senator has the floor.
Jennifer McClellan
Thank you. Senate bill 1475 adds to the family life education curriculum guidelines that cover -- last year we added instruction on sexual assault. What this bill does will add to that instruction information that consent is required for sexual activity because sexual activity absent consense is sexual assault. The bill also adds the importance of family relationships will be added to family life education. Currently, sle is limited to the importance of pairgeg. This expands it to cover the importance of the parent-child relationship, siblings, foster care, kinship care and other family relationships. I move that the bill pass.
Bill Howell
Thank you, Senator. The question is shall Senate bill 1475 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 37, nos 2.
[Unknown]
Ayes 37, nos 2. The bill passes.
[Unknown]
Senate bill 1490, a bill relating to uniform military and overseas voters act, applying for and casting military-overseas ballots.
[Unknown]
The junior Senator from Virginia beach, Senator DeSteph .
Bill DeSteph
Mr. President, what this bill does -- May the bill pass and speaking to the bill.
[Unknown]
Thank you.
Bill DeSteph
What this bill does is allow those deployed overseas without access to the u.S. Mail the ability to vote and have their votes returned electronically. Now, this sets up a two-year pilot program for that to happen, and that's pretty much it. With that, May the bill pass.
Bill Howell
Thank you, Senator. The question is shall Senate bill 1490 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 32, nos 8.
[Unknown]
Ayes 32, nos 8. The bill passes.
[Unknown]
Senate bill 1506, a bill relating to applicant fingerprint database, federal bureau of investigation records.
[Unknown]
The senior Senator from Chesapeake, Senator Cosgrove .
John Cosgrove
Thank you, Mr. President. Senate bill 1506 authorizes the department of state police to submit fingerprints and accompanying records to the fbi to be advised through the fbi's next generation identification system when an individual subject to a criminal background check is arrested or convicted of a criminal offense. Not reported to the department which would disqualify that individual from licensure. I bring this to the request of the state police and I move the bill pass. [ no audio ]
Bill Howell
The question is shall Senate bill 1506 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.
John Cosgrove
Ayes 32, nos 8.
[Unknown]
Ayes 32, nos 8. The bill passes.
[Unknown]
Senate bill 1507, a bill relating to safety inspection stations, and appointments.
[Unknown]
The senior Senator from Chesapeake, Senator kos grefr.
[Unknown]
Thank you, Mr. President. Senate bill 1507 simply change the code that says that any inspection area May take appointments for inspections instead of as the code requires now, first-come/first-served. There are many dealerships that have services for life where you do state inspections, oil change, wash your car, all of this would just al how them to that. Do these inspections by appointment instead of anybody who is first come first served getting in front of them. That's the bill.
Bill Howell
Thank you, Senator. The question is shall Senate bill 1507 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 32, nos 8.
[Unknown]
Ayes 32, nos 8. The bill passes.
[Unknown]
Senate bill 1516, a bill relating to public schools, reading specialist, dyslexia advisor.
[Unknown]
The senior Senator from Loudoun County, Senator Black .
Dick Black
Thank you, Mr. President. I move passage of the bill and speaking to the bill.
[Unknown]
Ladies and gentlemen, this is
Dick Black
The Senator has the floor. A dyslexia bill, and dyslexia is the most common learning disability for students of average or above average intelligence. It affects their ability to read accurately and fluently, and unless it is detected early, it can create extreme difficulty throughout life. The -- it is one of those conditions that fortunately can be addressed and can be improved substantially and a great number of people have addressed it and gone on to achieve great things. Fortunately, the Virginia department of education is very actively engaged in this. They've trained 200 teachers in the commonwealth so far, and during this summer, we expect 80 more teachers to be trained. All that this bill does simply is it says for those school districts that already have a reading specialist, that that reading specialist essentially will become trained up on dyslexia in sup a way that will allow them to serve as an advisor to other teachers on dyslexia. It does not require the hiring of anyone, and it only applies to these districts that do already have reading specialists. So there really is no essential impact financially on localities, but it does move us forward in an area that's -- that really has enormous potential. We deal with so many things where we simply are managing situations where someone has a condition and they're going to continue to have it. This is something where we can intervene actively and early and really make a very substantial change in the lives of many, many students in Virginia. So I urge passage of the bill.
[Unknown]
Thank you, Senator. The Senator from northern Fairfax County, Senator Howell .
Janet Howell
Thank you, Mr. President. It's a rare day, but I want to associate myself with the comments from the Senator from Loudoun County. This is a baby step in the right direction where we really need to take gine steps, but for -- giant steps, but for a child with dyslexia, this is absolutely essential. We've spent a fair amount of time this session talking about discipline in the classrooms, and one of the leading reasons some children are misbehaving in the classroom is they can't read, and they think they're stupid and they're being treated like they're stupid, when actually they're of average or above average intelligence just by definition with dyslexia. So I hope we'll do this little step in the right direction and help these kids. Thank you, Mr. President.
[Unknown]
Thank you, Senator. The Senator from Henrico, Senator Dunnavant .
Siobhan Dunnavant
Thank you, Mr. President. Will the senior Senator from Loudoun yield for a question?
[Unknown]
Will the senior Senator from Loudoun yield?
Siobhan Dunnavant
I yield.
[Unknown]
He yields, Senator .
[Unknown]
Yes, Mr. President. I'm just occurus, when woo he heard this in committee, it was our understanding that this was actually an unfunded mandate for the localities, and that the training program was quite extensive and required quite a few hours and would be an expense to the localities. I'm curious to the statement the Senator made regarding this not being a cost to localities.
[Unknown]
The senior Senator .
[Unknown]
Thank you very much. First of all, we amended the bill in such a way as to ensure that it only applied to those districts that already have reading specialists. So if they don't have them, this bill doesn't touch them at all, doesn't affect them in any way. The other thing, basically you have this issue of, of the training of the teachers and as I mentioned, the department of education is very, very active and very aggressive in moving -- they're expanding geometrically right now to provide the training needed for these specialists, so I think that the impact is going to be very, very minimal on them. And if you're a reading specialist, what is more important to know than whether your children have some fundamental problem that prevents them from reading? So I don't think this is going to have a significant impact at all.
[Unknown]
Thank you.
[Unknown]
Speaking to the bill and against the bill Mr. Speaker president. I think that's my problem with the bill. I don't think it's going to have any significant impact and I think dyslexia is a very important issue that we have to resolve. Again, I 'll restate that I 'm in favor of the state providing an educational opportunity for every student to succeed within their fleens and to overcome any object contact tells they have to learning and dyslexia is a big one. But this is very limited to the districts with reading specialists, and it doesn't really reach to solve the problem of dyslexia we have in Virginia and for that reason, unfortunately, I have to vote against this bill.
[Unknown]
Thank you, Senator. The Senator from Fauquier, Senator Vogel .
Jill Holtzman Vogel
Steeging to the bill the Senator has the floor.
[Unknown]
Mr. President, the issue of fiscal impact on localities is one that has arisen year after year when this bill or some efforts to address dyslexia has arisen and I wanted to speak to that because it's a very important point. It is my understanding that the bill as it is now has little to zero fiscal impact. It is also my understanding that currently right now, there are 200 teachers who are educated to meet the requirements of this bill and it is currently the case that the Virginia department of education has in its plans to train in the summer of 2017 80 additional teachers at zero expense. That would be free and I think they plan to present a minimal stipend. It's ted cruz that localities are -- true that localities are worried about an unfunded mandate and more broadly speaking to the issue, in terms of measuring achievement gaps and the kinds of things that make an enormous difference, I can think of fewer issues that continue to be a greater concern than dyslexia. And the fact that so many young children are diagnosed too late, that it is often the case that reading specialists don't have all the tools necessary to engage in the early intervention that is so critical for these young children, and I don't think it's too much because what this bill asks is just one in each -- one for each school board, and it's already the case that we have reading specialists, so just to be certain that they are actually educated to the min nal standards to understand and be able to remediate dyslexia, I think, is absolutely critical and there is a very, very high correlation of young people with dyslexia and higher than average iqs, so these are young people who can learn and who can succeed, but if they fall behind, then they fall years behind and they do become behavioral problems and they go on to have manying many other concerns and challenges with higher than average dropout rates, so anyway, having co-patron bills with some of the members who have spoken on this bill, I would just encourage the members of the body to give there bill your strongest support. Thank you.
Jill Holtzman Vogel
Thank you, Senator. 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 hadn't intended to speak to this, but I have to take issue with this notion that this is an unfunded mandate. I practiced law for about 25 years now and in the early years of my practice, I represented a lot of young adults, children in the criminal justice system. Likewise when I was commonwealth's attorney, I had to prosecute them and I can't tell you how many were really bright young people who got frustrated in school because they couldn't read, because they were dyslexic or they had some disorder like that that affected their ability to perform in the classroom. So if you want to talk about an unfunded mandate, let's talk about the cost to each and every one of us and all the localities when those kids get frustrated, they act out in class and then we've got to adjudicate them in the criminal justice system which costs 20 times as much as it would to get them some help in the classroom. Again, we talk about unfunded mandates. The last time I checked, the constitution requires that we give every child a free and public education and I think -- I believe in that and I think we should do it and the last I checked, we give the school systems money to do that. So if we're giving them the money to perform the education as the constitution requires, why can't we also give them advice or guidance as to how we think they should spend it. I hope we pass the bill.
[Unknown]
Thank you, Senator. The Senator from Arlington, Senator Favola .
Barbara Favola
Thank you, Mr. President. Speaking to the measure and asking the Senate to please pass this bill, I think when you look at this in the context of the school systems, many school systems would say it actually is cost effective to determine early on what the cause is if a child is failing or not reading up to par because if the child continues to fail, the child can become eligible for an iep and additional special education services, actually, that are federally required are brought to the table, and all of those resources, of course, are costly to the school system and to the taxpayer overall. So in terms of being efficient with our dollars, if the school system can determine early on that dyslexia is the issue, I would argue it is a cost savings and the child can bring -- can be brought up to reading level sooner, be able to perform better and, in fact, actually enjoys the benefits of his or her intelligence and being able to apply it. I strongly ask the ladies and gentlemen of the Senate to support this bill.
[Unknown]
Thank you, Senator. The Senator from Henrico, Senator Dunnavant .
Siobhan Dunnavant
Thank you, Mr. President. I just rise to say that I have just seen documentation that there is no unfunded mandate with this legislation. I wanted to make that clear since I 'd commented on it earlier. And I will be voting in favor of the bill.
Bill Howell
Thank you, Senator. The question is shall Senate bill 1516 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.
Siobhan Dunnavant
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The bill passes. If everybody could take their seats, please, woo either going to return to the morning hour for a floor presentation. So thank you all for that. I would call on the Senator from James city county.
[Unknown]
Mr. President -- is this working? >>ez.
[Unknown]
Mr. President, I respectfully move that the rules of the Senate be suspended and that the privileges of the floor be extended to certain distinguished persons.
Bill Howell
Thank you, Senator. The question is shall the rules be suspended and the privileges of the floor granted to distinguished record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The rules are suspended. The privileges of the floor are granted. The Senator from James city county, you have the floor.
[Unknown]
Mr. President, ladies and gentlemen of the Senate, we have truly fortunate today to have an exceptional group that is gathered with us, probably a historical moment as we deal with the 2017 outstanding virginians. I am highly doubtful, Mr. President, that there has ever been two brothers that have been recognized at the same time as being the outstanding virginians. Today we have with us Mr. Bruce got wald along with his wife nancy and his brother Floyd gotwald, the other outstanding virginian, along with his wife helga. We have a 4-h committee members Mr. John hager, a former president of the Senate of Virginia who we always welcome back with great warm hearts and Mr. Charles solhammer with the 4-h committee members. In the Senate gallery, we May have john b. Adams, leslie aerial, john hardisey, Mrs. Hardisey and Mr. Case. Mr. President f I May take just a couple minutes and share some information about these two extraordinary brothers with the Senate of Virginia. Our honorees today are the outstanding virginians of 2017, and as I said, are two brothers who are native virginians. They were educated in Virginia, epitomized the success story of citizens who have created and run large Virginia corporations. Also, they've given back to the commonwealth by serving on business, educational, and cultural boards, and have given very generously to Virginia and Virginia 's philanthropic efforts. Mr. Floyd gotwald was born in Richmond in 1922 and maintains a very beautiful appearance. Received his bachelor's degree in chemistry, Mr. President, from the Virginia military institute, the college in whom I have great pride today. He received a master's in business administration from the university of Virginia. He serve as a lieutenant in the united states army during world war ii, in the china-burma-india theater. Mr. Gotwald joined the Albemarle paper manufacturing company in 1943 as a chem miss and rose through the ranks to become the chairman of the et thol corporation in 1968, a hallmark year when I graduated from vmi. After it merged with Albemarle and then the chief exec sifr office from 1970 to 1992. He's a former director of the american petroleum institute, csx corporation and the federal reserve bank in Richmond among other matters he's participated in. He is the trustee emeritus of the international game fishing association and former trustee and current advisory council member of the george c. Marshall foundation. Mr. Gotwald serve as the president of the Virginia xem my fieg arts, the president of the Virginia military institute foundation, which I have the privilege of serving on, a trustee of the university of Richmond, and on the board of visitors of the college of william & mary, which I -- he is actually in my world of affection. In 1977, Mr. Gotwald was honored by the graduate school of business administration the college of william & mary with its high award, the medallion award. In 1983, he was cited by the university of Richmond as a doctor of commercial science and received an honorary degree, a doctor degree in human letters from Virginia commonwealth university in 1986. Mr. Gotwald was honored as a doctor of laws by virginian university in 1990. He was recognized by the science museum of Virginia was the outstanding industrialist in 1990. He received the distinguished service award from Virginia military institution -- institute foundation. He has received an honorary degree in huh plain letters from the college -- humane letters from the college of william and nare in 1992. In the spring of 1996, he received the trustees distinguished service award from the university of Richmond and in 1999, Mr. Gotwald was elected to the greater Richmond business Hall of fame. A truly exceptional and extraordinary career that has been recognized by so many diverse groups. His younger brother, Mr. Bruce gotwald, was born in Richmond in 1933 and received his bachelor's degree in chemistry from the Virginia military institute, and a did graduate work out in that university on the frontier known as university of Virginia. He's also participated in educational matters at the university of Richmond. He joined the Albemarle paper manufacturing company in 1956 as a chemist, rising through the ranks to become the chief executive officer and then chairman of the ethel corporation in 1994. New market corporation was formed in 2004 as the parent company of afton chemical and ethel corporation where he served as chairman and chief executive officer and is currently chairman emeritus. He served as a director of csx corporation, Albemarle corporation, tredega industries, first colony corporation, which is more familiar to be known to you all as the genoa financial and dominion resources. The chemical manufacturers association, the national association for manufacturers and the american petroleum council. I'm almost embarrassed to tell this gentleman what my grade was in chemistry in vmi, but Mr. Gotwald currently serves as director of the american civil war museum in Richmond and the civil war trust. Mr. Gotwald serves as the president of the vmi board of visit yrs from 1998 until 2001. A trustee of the vmi foundation from 1985 to 1992, president of the vmi keydet club from 1991 to -- excuse me, 1971 to 1973, and an original member of the jackson hope board of overseer since its inception in 2001 and president of the Virginia museum of fine arts. He was honored by the vmi foundation with the distinguished service award and selection by the keydet club for its spirit award and was the recipient of the vmi new market medal in May of 2004, awarded to, quote, an american citizen who displays the qualities of leadership, loyalty, and determination as exemplified by the corps of cadets at new marks. He was awarded honorary doctorate of law by the Virginia union university in 1990, recognized by the science museum of Virginia as the outstanding industrialist in 1990, and was elected to the greater Richmond business Hall of fame in 2004. In addition to the extraordinary business accomplishments and their roles as directors, trustees, and advisors, Floyd and bruce gotwald have been generous supporters and benefactors of the institutions that I have just reviewed and many other cultural and historical institutions which serve all virginians today and set an example of future generations, including ourselves. I'm very pleased and proud to present to the Senate the co-outstanding virginians of the year for 2017 and extraordinary graduates of the Virginia military institute, Floyd b. Gotwald jr. And bruce c. Gotwald. If plaid dam clerk can be so kind to read the resolutions.
[Unknown]
Senate resolution number 132. Commend ng Floyd d. Gotwald jr. Whereas, a Richmond native who has made many contributions to the commonwealth as a businessman and a community leader, was named as a 2017 outstanding virginian, and whereas Floyd gotwald graduated from Virginia military institute and the university of Richmond and joined many of the other men of his generation in service to the nation as a member of the united states army during world war ii, and whereas Floyd gotwald joined Albemarle paper manufacturing company as a chemist in 1943, and rose through the ranks to become the chair of ethel corporation after its merger with Albemarle paper in 1968, then served as chief executive officer from 1970 to 1992. And whereas Floyd gosswald is an inform director of tredegar corporation, the american ped tromium institute, csx corporation and the federal reserve bank as well as a former president of the Virginia museum of fine arts and the vmi foundation, and whereas Floyd gotwald is a trustee emeritus of the international game fish association, as well as a former trustee of the university of Richmond and member of the board of visitors of the college of william & mary, he is a former trustee and a current advisory council member of the george c. Marshall foundation, and whereas Floyd gotwald was elected to the greater Richmond business Hall of fame and he has earn many other awards and accolades, including the medallion award from the college of william & mary, the distinguished service award from the vmi foundation, and the outstanding industrialist award from the science museum of Virginia, now therefore, be it resolved by the Senate of Virginia that Floyd d. Gotwald jr. Hereby be commended on being named as a 2017 outstanding virginian and be it resolved further that the clerk of the Senate prepare a copy of this resolution for presentation to Floyd d. Gotwald jr. As an expression of the Senate of Virginia 's admiration for his legacy of service to the Richmond community and to the commonwealth. And Senate resolution number 133, commending bruce c. Gotwald. Whereas a Richmond native who has made many contributions to the commonwealth as a businessman and a community leader, was named as a 2017 outstanding vannan and whereas brute gotwald graduated from Virginia military institute and conducted graduate studies at the university of Virginia, the institute of paper chemistry, and the university of Richmond, and whereas brute gotwald joined Albemarle paper manufacturing company as a chemist and became chief executive officer, then chair of ethel corporation, which merged with Albemarle paper in 1968, he later became chief executive officer and chairman emeritus of new market corporation, and whereas bruce got dld wald has serve as a director of csx corporation, Albemarle corporation, tredegar industry, dominion resources incorporated, the chemical neverers association and the national association of manufacturers, and whereas bruce gotwald was a founding member of the jackson hope fun board of over sees and has serve as priz of the vmi board of visitors, president of the vmi cadet club, trustee of the vmi foundation, and president of the Virginia Newman of fine are as, he currently serves as director of the american civil war museum in Richmond, and the civil war trust, and whereas among his many awards and accolades, bruce gotwald was named to the greater Richmond business Hall of fame and earned the vim foundation distinguished service award, the michigan new market medal, the cadet club spirit award and the outstanding industrialist award from the science museum of Virginia, now therefore, be it resolved by the Senate of Virginia that bruce c. Gotwald hereby be commended on being named a 2017 outstanding virginian and be it resolved further that the clerk of the Senate prepare a copy of this resolution for presentation to bruce c. Gotwald as an expression of the Senate of Virginia 's admiration for his legacy of service to the Richmond community and the commonwealth.
[Unknown]
Thank you, madam clerk. While the family is being escorted to the dais, I would ask the members of the Senate to please join me in welcoming Mr. Floyd gotwald and Mr. Bruce gotwald and their families. [ applause ]
[Unknown]
How you doing, sir? On behalf of -- oh, I 'm sorry, ma'am. Here, you're doing perfect. On behalf of the Senate members, we welcome you. It's always great to have more keydets on the floor of the Senate and I can just tell you that you have made vmi and you have made the commonwealth of Virginia proud, so we appreciate all that you've done. We also appreciate your families extending your resources and your help out to the communities and, you know, when we travel around the commonwealth of Virginia, we see the great things that you have done for all of us. So we appreciate that, and just as an added note, your son bruce and write in the class of ' -- and I were in the class of '81 together and I know your son teddy was class of '83, and what a great football player, so you all have so much to be proud of. Thanks for all you've done and congratulations, and again, I would ask the Senate to please join me in welcoming the gotwald families to the floor of the Senate. Thank you. [ applause ] the Senate will stand at ease. Senate will come to order. The junior Senator from Richmond city, Senator McClellan .
Jennifer McClellan
Thank you, I rise for an introduction the Senator has the floor.
[Unknown]
Thank you, Mr. President. Joining us in the gallery today, we have visitors from Virginia voice, a nonprofit organization that provides audio, reading, and information services to individuals who cannot read printed material due to blindness, vision loss, or other disabilities. Virginia voice's mission is to connect individuals with disabilities to information using technology and the human around the clock, seven days a voice. Week, Virginia voice broadcasts radio programs comprised of reading from our local papers and articles from current magazines and publications that cover the gamut of local, national, international news, culture, entertainment and community engagement. Approximately 3,000 listeners across central Virginia access Virginia voice's broadcasts through radios loaned to them free of charge through cable tv systems and the program is also streamed on their website. Mr. President, ski that the Senate join me in welcoming them to the Senate today.
Jennifer McClellan
Thank you, Senator. Would members of Virginia voice please rise. Thank you for being with us this morning. You've been so patient and watching attentively and as the good Senator from Richmond city said, thank you all so much for what you do. We take a lot for granted when we have our vision and hearing and for those that don't, they certainly need our assistance, so we thank you for your advocacy and what you've done to help them. If I 'd ask the members of the Senate to please join me in offering members from Virginia voice the warm welcome of the Senate. [ applause ] returning to the calendar, the Senator from Arlington, Senator Favola .
Barbara Favola
Thank you, Mr. President. Having voted on the prevailing side, I ask that we reconsider the vote for Senate bill 1507.
[Unknown]
Thank you, Senator. The question is shall the vote by which 1507 passed be reconsidered. All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
Barbara Favola
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The motion is agreed to. The senior Senator from Chesapeake, Senator Cosgrove .
John Cosgrove
Thank you, Mr. President. Having previously explained the bill, I move the bill pass.
Bill Howell
Thank you, Senator. The question is shall Senate bill 1507 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.
John Cosgrove
Ayes 31, nos 9.
[Unknown]
Ayes 31, nos 9. The bill passes.
[Unknown]
Senate bill 1517, a bill relating to school transportation, fees.
[Unknown]
The senior Senator from Loudoun, Senator Black .
Dick Black
Thank you, Mr. President. I move passage of the bill. Senate bill 1517 was brought at the request of the Loudoun County school board. We provide transportation for surrounding school districts for certain voluntary, noncompulsory activities that are outside of our jurisdiction, and so what they would like to do is to be able to charge for that transportation. However, it's clear in the bill from the amendments that any student who's on reduced or free lunch program would not be compelled to pay for the transportation. One of the areas that impacts us quite a bit is that we have thomas jefferson high school, which is outside of Loudoun County, about 250 students come over and the problem is that, you know, when they have various field trips and various voluntary things, we would like to be able to be reimbursed for providing the school bus transportation for them. And that is the essence of the bill. And with that, I urge passage of the bill.
[Unknown]
Thank you, Senator. The question is shall Senate bill 1517 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.
Dick Black
Ayes 14, nos 26.
[Unknown]
Ayes 14, nos 26. The bill does not pass.
[Unknown]
Senate bill 1532, a bill relating to motor vehicle license fees, exemption of antique vehicles.
[Unknown]
The Senator from Accomack County, Senator Lewis .
Lynwood Lewis
Mr. President, mofrt bill pass and speaking to the motion.
[Unknown]
The Senator has the floor.
Lynwood Lewis
Mr. President, members of the Senate there, bill comes at the request of Virginia treasurers association. Currently the division of motor vehicles now permits antique vehicles to be registered permanently upon the payment of a single registration fee of $50. The movement toward a lifetime dmv registration fee has thrown the law relating to local vehicle registration fees, which used to be the ol' decal fee, into somewhat of a state of confusion since pursuant to general law, the local fee is capped at the dmv's annual registration fee amount. Since there is now no annual registration fee for antique vehicles, treasurers are unclear as to what to do. The number of vehicles that qualify for antique status is relative low and I doesn't make any sense to have a single lifetime people. The treasurers association is proposing we address this by exempting antique tag vehicles from local vehicle registration fee, which is what the bill does. Move the bill pass.
Bill Howell
The question is sal Senate bill 1532 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 36, nos 3.
[Unknown]
Ayes 36, nos 3. The bill passes. [ captioning will resume shortly ]
[Unknown]
Senate bill 1554, relating to transportation, Accomack transportation district commission.
[Unknown]
Senior Senator from Chesapeake, Senator Cosgrove .
John Cosgrove
Thank you, Mr. President. Speak briefly to the bill before I make a motion. This bill would have changed membership of the Accomack Northampton transportation district from three members Accomack, three members Northampton, two and two, plus five members appointed by the governor. I've done this several times with different commissions, and it has led to a much more concise and appropriate group. The reason I bring this forward, Mr. President, was the guy from Chesapeake here. I care because cape charles has the opportunity to become a fantastic barge facility on the eastern shore. Right now the orbital atk takes their rocket to wallace, they actually have to ship them to the port of wilmington, delaware, then transport them through delaware, through maryland, and then to Virginia. There's the opportunity for cape charles to have a barge facility where those rocket motors can be shipped directly to cape charles. They cannot go through the Chesapeake bay bridge tunnel because basically they are too long, they can't deal with the grade. There has been a lot of delaying, a lot of just back and forth about making these things happen on the eastern shore. Purdue would like to have that barge facility as well. But it is just not happening. -- perdue would like to have that as well. So having spoken with the Senator from Accomack and with the Delegate from Accomack, I decided to suspend this bill with the understanding that that transportation district commission needs to really start looking at making this happen for the eastern shore, and for the commonwealth of Virginia. We have put in millions and millions of dollars into wallace island, and for the rocket makers to come in through delaware, when they could easily come through Virginia is not acceptable. So Mr. President, with that being said, I would move this bill go by for the day.
Bill Howell
Thank you, Senator. Without objection, Senate bill 1554 will go by for the day.
John Cosgrove
Senate bill 1563, a bill relating to discovery in criminal cases, duty to provide.
[Unknown]
The Senator from Franklin County, Senator Stanley .
Bill Stanley
Thank you, Mr. President. I move that Senate bill 1563 pass. Speaking to that motion.
[Unknown]
Senator has the floor.
Bill Stanley
Thank you, Mr. President. Members of the Senate. What we basically have here is a bill that codifies and attempts to codify what the blue ribbon panel of 29 virginians who came together and tried to trans be form the discovery process in criminal cases in Virginia. Countly we basically -- currently we have no discovery at all under the current rules and the laws. Basically defendants get statements that they gave the police and little other more than brady material, unless the commonwealth attorney is willing to give it to them. We have very good commonwealth attorneys throughout the commonwealth of Virginia that have open file policies, and we are grateful for that. But it is not uniform. Commonwealth attorneys throughout Virginia have different policies, so when I have a client who is charged, let's say, with a crime in one county, and the same crime charged in another client of mine in mother -- another county, the information I May receive from those commonwealth attorneys May be entirely different, Mr. President. Thereby creating the potential for an entirely different result, and more importantly, even the advice that I can or cannot give, or limited in giving to my client in those two different jurisdictions. Basically it's what we call trial by ambush. Virginia has historically had one of the most limited discovery processes in criminal defense cases. This levels the playing field. Also the bill is mutual and reciprocal. It provides obligations on the part of the commonwealth's attorneys to provide information, and it requires the defendant upon written, once they give notice instead of a motion, for request of discovery, then they also have to provide basically the same thing. It also protects those witnesses which May be put in danger by a criminal case, so therefore it gives commonwealth's attorneys liberal abilities to redact names and/or information, subject to review in camera by a court, if a defendant objects. It makes sure that basically trial is fair from the inception, as our constitution intends it to be. I want to thank those members, and there's some of them here who were on the blue ribbon panel. I want to thank them for the hard work. 29 people came together, judges, prosecutors, police, and after that released this report, which I think now needs to be law, the supreme court decided not to move forward. They had a public comment period. Nothing but positive comments except for one. And because of that one negative comment, they did not choose to act. Well, when the supreme court chooses not to act on discovery, then we should. So for those reasons, Mr. President, I move that Senate bill a 1563 pass.
[Unknown]
Thank you, Senator. The question is shall Senate bill record their votes aye, opposed no. 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, no's 1.
[Unknown]
Ayes 39, no's 1, the bill passes.
[Unknown]
Senate bill 1564. A bill relating to dui, search warrants for blood withdrawals.
[Unknown]
The Senator from James city county, Senator Norment .
Tommy Norment
Thank you, Mr. President. I respectfully move that Senate bill 1564 pass. Speaking to that motion.
[Unknown]
Senator has the floor.
Tommy Norment
Thank you, Mr. President. What this bill does, it deals with driving under the influence cases in Virginia. If in fact someone is arrested that within a certain period of time, if they are going to use a blood test, it must be withdrawn within that period of time. In some jurisdictions they are finding some delays because of multi-jurisdictional magistrates before whom an officer must appear to ask for a search warrant before the blood can be withdrawn from the individual. What this bill provides is that in those instances the request by the officer before the magistrate will be given priority, except in other situations that involve an imminent risk to another's health or safety. Ened and with that I move the bill pass.
Bill Howell
Thank you, Senator. The question is, shall Senate bill 1564 record their votes aye, opposed no. Are all 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; no's zero.
[Unknown]
Ayes 40, no's zero, the bill passes.
[Unknown]
Senate bill 1578. A bill relating to the short-term rental of property.
[Unknown]
The Senator from James city county, Senator Norment .
Tommy Norment
Thank you, Mr. President. I would respectfully move that Senate bill 1578 pass, sir.
[Unknown]
Senator has the floor.
Tommy Norment
I thank you, Mr. President. Speaking to that motion, I am confident that all of you recognize this as being the airbnb bill which is a hangover from the 2016 session when we started talking about this. There have been a lot of discussions about alternative approach, but the committee in its wisdom reported this bill out on it. Very simply, it is dealing with short-term rentals and short-term rental is that less than 30 days for lodging purposes. This bill pertains to whether it's a primary dwelling or vacation home. It is really agnostic as to how the property is rented. A lot of the discussion is focused on whether or not it's on a platform, but other means such as classified as can cover it as well. I think what really distinguishes this approach from other alternative suggestions have been made, is that it allows localities to determine the manner in which they would like to approach short had been term rentals -- short-term rentals, if any. It is permissive, in that it allows localities to adopt ordinances that are consistent with the philosophical approach and land-use approach of their locality. And the reason for that is that you can imagine there could be a substantial difference between somewhere like the city of Richmond, which is a metropolitan area with many potential airbnb's as contrasted with some of the more rural areas that May be completely agnostic about whether or not they adopt a local ordinance. There is no requirement that a local ordinance be adopted, but it is certainly allowable. Many of you have had the misfortune to hear me drone on about this type of legislation. You have heard my concern really is not just focused on airbnb, but it is focused on the shared economy. The shared economy, frankly, is only constrained by the manual neighbors -- imagination of entrepreneurial individuals, and we are seeing some rather remarkable examples of it. You can go online now, you can take your personal motor vehicle and put it out as if it was a taxi. You can do clothes in the same way. And one of the long-term concerns that I have, which is just, I think, in capsule with airbnb, as we move forward and have to address the shared economy, if it is unregulated, ultimately there will be enormous fiscal stress placed on localities, as there is tax avoid abs on -- avoid abs on this. Under this -- avoidance on this. There is in fact, excuse me, a local option as to the ordinance being adopted. There is a punitive measure that if in fact you do engage in short-term rentals, and your locality has passed an ordinance that there is a punitive measure of $500 per penalty, it further requires that if in fact an airbnb is going to serve alcohol same footing as b & b's. They have to go through a number of inspections. If they serve alcohol beverages, they have got to have an abc license. That was not applicable to airbnb until such time as this bill was proposed, so I respectfully ask that Senate bill 1578 pass, sir.
[Unknown]
Thank you, Senator. Beverages, it is put on the the Senator from western Fairfax County, Senator Morris .
[Unknown]
Thank you Mr. President, rise to speak mostly in favor of the bill, which I intend to vote for.
[Unknown]
Mr. President, the bill we dealt with last year had a provision in it and a process by which the state could collect the taxes and distribute them to localities, and I 'm hoping that as this bill goes forward in its journey to the House, that this might be a provision that could be reinstated in the bill, rather than each county having to come up with its own collection system and software and mechanisms for doing this at cost and expense, that the state could do this, and remit this -- remit these fees to the localities. I think that's the sensible way to go. I appreciate the gentleman from James city county working on this bill and getting it to the point where it is. But let's get this right, right from the start and be able to collect this money for localities, and I do want to reiterate I support the bill and hope you will as well.
[Unknown]
The Senator from Grayson County, Senator Carrico .
Bill Carrico
Thank you, Mr. President. Speak to the bill.
[Unknown]
Senator has the floor.
Bill Carrico
Very briefly. While I plan to support the bill, there are some concerns that I have, and that's mainly the property rights piece. I understand the gentleman from Williamsburg -- I 'm sorry, James city, and I understand the conversation that's gone on about the more metropolitan areas, and how airbnb affects them, but I want to give you a little insight on how it affects rural areas. Unlike most urban areas, there's not a wide array of hotels, motels for people to stay. In order to showcase the area, in order to bring income into those regions, there are events that occur, such as smoke on the mountain, fiddlers' convention, rhythm and roots, Bristol race week. All these things that happen during the periods of time where people who own property, who own homes have an opportunity that they can rent out a room, they can rent out their whole House. And it only happens a few times a year. While this language is permissive language, which is giving me more comfort to basically support the bill, I would hope that the debate as it goes on will remember those property rights and remember rural areas that are not abundantly blessed with hotels and motels for people to stay in, and for the people who use this opportunity, this time to pay their property taxes, for what they rent those homes for, and I would hope that you actually would, as you move forward, would take that into considers, and that you would know that -- take that into consideration and you would know that rural areas are interested in the property right struggles if this bill allows localities to put this process in place. They could take up to two weeks and cost thousands of dollars, or months and cost thousands of dollars before they would be able to rent their properties. With that, Mr. President, I think the bill actually gives me some comfort, being permissive language, but I hope that conversation continues.
[Unknown]
Thank you, Senator. The question is shall Senate bill
Bill Howell
All in favor of the motion record their votes aye, opposed no. Are all 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 36, no's 4.
[Unknown]
Ayes 36, no's 4, the bill passes. Senator Obenshain ? Are you prepared to return --
[Unknown]
Mr. President, we are going to ask that that go by temporarily again.
[Unknown]
Yes, thank you, Senator. One more just House cleaning, if we could return to Page 17. We had a technical issue. We need to call that vote again. Senate bill 1490, Senator DeSteph, if you could make a motion to have that bill passed, I would appreciate it.
[Unknown]
I of -- move the bill pass, having previously explained.
[Unknown]
Thank you, Senator. The question is shall Senate bill 1490 on Page 17
Bill Howell
All in favor of the motion record their votes aye, opposed no. Vote? Have all the senators voted? Do any of the senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 36, no's 4.
[Unknown]
Ayes 36, no's 4. The bill passes.
[Unknown]
Uncontested calendar. House bills on second reading.
[Unknown]
Senator from James city county, Senator Norment .
Tommy Norment
Thank you, Mr. President. I respectfully move all the House bills on the second reading on pages 21 through 30, which would include House bill 1404, through House bill 1931, that the rules of the Senate be suspended, and that the second constitutional reading of the titles be dispensed with.
Bill Howell
Thank you, Senator. The question is shall the rules be suspended and the second reading of the titles on House bills on the uncontested and regular calendars, pages 21 through 30, House bill 1404, through House bill 1931 is, be record their votes aye, 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 40, no's zero.
[Unknown]
Ayes 40, no's zero. The reading of the titles is dispepsed with -- dispensed with. Senator from James city county.
[Unknown]
Thank you, Mr. President. I would now ask that all the House bills be passed by for the day, sir.
[Unknown]
Thank you, Senator. The question is shall the House bills on uncontested and regular calendars now on third reading go by for the day. All in favor say aye. Oppose nod. Ayes have it. The bills will go by for the
[Unknown]
Uncontested calendar, day. Senate bills on second reading.
[Unknown]
The Senator from James city county, Senator Norment .
Tommy Norment
Thank u Mr. President. I would now respectfully move this all Senate bills on the second reading on uncontested calendar, which would include all Senate bills on pages 31 through 34, including Senate bill 1130 through Senate bill 1573, that the rules -- excuse me. The rules of the Senate be suspended and that they be engrossed and as advanced to third reading in the block after the adoption of any amendments.
[Unknown]
Thank you, Senator. The question is shall all Senate bills on second reading on the uncontested calendar, pages 31 through 34, Senate bill 1130 through Senate bill 1573 be engrossed and advanced to their third reading in the block after the adoption of the amendments thereto, that any Senator desiring to remove a bill from the block would do so after the clerk has read the number of the bill. All in favor of the motion say aye. Opposed no. Ayes have it. The motion is agreed to.
Tommy Norment
Senate bill 1130, reported from the committee on general laws and technology. Senate bill 1192, from general laws and technology with amendment.
[Unknown]
Senator from Spotsylvania, Senator Reeves s. I move the amendment.
Bryce Reeves
Thank you, Senator. The question is shall the committee amendment be agreed to. All in favor of the motion say aye. Opposed no. Ayes have it. The amendment is agreed to.
[Unknown]
Senate bill 1228, reported from committee on general laws and technology, with a substitute.
Bryce Reeves
Senator from southern Fairfax County, Senator Barker .
George Barker
Mr. President, I move the committee substitute be
[Unknown]
The question is shall the adopted. Committee substitute be agreed to. All in favor of the motion say aye. Opposed no. Ayes have it. Substitute is agreed to.
George Barker
Senate bill 1231, reported from the committee on general laws and technology, with a substitute.
[Unknown]
The Senator from Franklin County, Senator Stanley .
Bill Stanley
Thank you, Mr. President. I now move in a -- that the committee substitute be agreed to.
[Unknown]
Question is shall the committee substitute be agreed to. All in favor of the motion say aye. Opposed no. Ayes have it. Substitute is agreed to.
Bill Stanley
Senate bill 1255, reported from the committee on general laws and technology, with a substitute.
[Unknown]
The junior Senator from Virginia beach, Senator DeSteph .
Bill DeSteph
Thank you, Mr. President. I move the committee substitute.
[Unknown]
The question is shall the committee substitute be agreed to. All in favor of the motion say aye. Those opposed no. Ayes have it. Substitute is agreed to.
Bill DeSteph
Senate bill 1492, reported from the committee on commerce and labor, with a substitute.
[Unknown]
The Senator from Stafford, Senator stewart.
[Unknown]
Thank you, Mr. President. I move the substitute be adopted.
[Unknown]
Question is shall the committee substitute be agreed to. All in favor say aye, opposed no. Ayes have it, substitute agreed to.
[Unknown]
Senate bill 1508, reported from the committee on general laws and technology, with amendments.
[Unknown]
Senior Senator from Chesapeake, Senator Cosgrove .
John Cosgrove
Thank u Mr. President. Move adoption of the amendment, please.
[Unknown]
Question is, shall the committee amendment be agreed to. All in favor of the motion say aye. Ayes have it. Opposed in. The amendment is agreed to.
John Cosgrove
Senate bill 1509. Reported from the committee on general laws and technology, with a substitute.
[Unknown]
The senior Senator from Chesapeake .
[Unknown]
Thank you, Mr. President. I move the adoption of the committee substitute.
[Unknown]
The question is shall the committee substitute substitute be agreed to. All in favor of the motion say aye. Opposed no. Ayes have it. Substitute agreed to.
[Unknown]
Senate bill 1535, reported from the committee on general laws and technology with a substitute.
[Unknown]
The senior Senator from Richmond city, Senator
[Unknown]
Mr. President, I move the Sturtevant. Committee substitute be agreed to.
[Unknown]
Question is, shall the committee substitute be agreed to. All in favor of the motion say aye. Opposed no. Ayes have it, substitute agreed to.
[Unknown]
Senate bill 1538, reported from commit ye on general laws and technology. Senate bill 1539, reported from committee on general laws and technology. Senate bill 1548, reported from the committee on general laws and technology. Senate bill 1573, reported from the committee on general laws and technology with a substitute.
[Unknown]
The senior Senator from Virginia beach, Senator Wagner .
Frank Wagner
I move adoption of the committee substitute.
[Unknown]
Thank you, Senator. The question is, shall the substitute be agreed to. All in favor of the motion say aye. Opposed no. The ayes have it. Substitute is agreed to.
Frank Wagner
The question is shall the bills be engrossed and advanced to third reading. All in in favor of the motion say aye. Opposed no. Ayes have it. The bills are engrossed and advanced to third reading. The Senator from James city county, Senator Norment .
Tommy Norment
See if I can get it right this time. Commingled them last time. I respectfully move the rules of the Senate be suspended and that the third constitutional reading of the titles of all Senate bills now in the third reading on uncontested calendar be waived.
Bill Howell
Thank you, Senator. The question is, shall the rules be suspended, and the third reading of the titles to the bills be dispensed with. All in favor of the motion record their votes aye. Opposed no. Have all the senators voted? Vote? Do any of the senators desire to change their vote? The clerk will close the roll.
Tommy Norment
Ayes 40, no's zero.
[Unknown]
Ayes 40, no's zero. The reading of the titles is dispensed with. The bills are now before the Senate on final passage. The Senator from James city county.
[Unknown]
Thank you, Mr. President. I now move that all the Senate bills on the third reading on the uncontested cal ebb -- calendar, all Senate bills on pages 31 through 34, including Senate bill 1130, through Senate bill 1573 be placed on the final passage in the block. Any Senator desiring to remove a bill from the block shall do so after the clerk read the number of the bill.
[Unknown]
Thank you. The question is shall the Senate billses now on uncontested calendar third reading, pages 31 through 34, Senate bill 1130 through Senate bill 1573 be placed possible their final passage in the block with the desiring a bill removed from understanding that any Senator the block would do so after the clerk has read the number of the bill. All in favor of the motion say aye. Opposed no. Ayes have it. The motion is agreed to. The bills are before us in a block. The clerk will read the numbers.
[Unknown]
Senate bill 1130, Senate bill. Bill 1192 --
[Unknown]
Mr. President?
[Unknown]
The junior Senator from Richmond, Senator McClellan .
Jennifer McClellan
Thank you, Mr. President. Could Senate bill 1130 come out of the block, please.
Bill Howell
Without objection, Senate bill 1130 will come out of the block.
Jennifer McClellan
Senate bill 1228, Senate bill 1231, Senate bill 1255, Senate bill 1492, Senate bill 1508, Senate bill 1509, Senate bill 1535, Senate bill 1538, Senate bill 1539, Senate bill 1548, Senate bill 1573.
Bill Howell
Thank you, madam clerk. The question is shall the bills in the block pass. That is all bills except for Senate bill 1130 on Page record their votes aye, opposed no. Are all 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, no's zero.
[Unknown]
Ayes 40, no's zero. The bills in the block pass. Returning to Page 31. Senate bill 1130. Senator from Mecklenburg, Senator Ruff .
Frank Ruff
Thank you, Mr. President. Senate bill -- I will move that the bill pass, and speaking to the bill.
[Unknown]
Senator has the floor.
Frank Ruff
This is out of a study over the last year of how we deal with the small business diversity. Currently 250 employees or $10 million. That suits some companies, but that includes a majority of the companies, the belief was that if we have a better defined definition of those businesses, we would be really serving our small businesses better. So I renew the motion to pass the bill.
[Unknown]
Thank us -- thank you, Senator. June -- junior Senator McClellan .
[Unknown]
Would the gentleman yield for a question?
[Unknown]
Would the Senator from Mecklenburg yield for a question?
[Unknown]
He yields, Senator .
[Unknown]
Thank you, Mr. President. I would ask the gentleman, is this similar to a bill that was introduced in the other body last year?
[Unknown]
Yes. It should be, if not exactly the same, very similar.
[Unknown]
Junior Senator .
[Unknown]
Thank you, Mr. President. Could that bill go by temporarily so I could raise a point with the gentleman offline?
Bill Howell
Without objection, Senate bill 1130 will go by
[Unknown]
Regular calendar. Senate bill -- regular calendar Senate bills on second reading. Senate bill 1364, a bill relating to the department of motor vehicles, regulation of property carriers. Reported from committee on transportation with a substitute. And there is a floor temporarily. Substitute.
[Unknown]
Senator from Bedford, Senator Newman .
Steve Newman
Mr. President, I move that the committee substitute be agreed to, but ask the body to vote no.
[Unknown]
Thank you, Senator. With the recommendation that it be rejected, the question is shall the floor substitute be agreed to. All in favor of the motion say aye. Opposed no. The no's have it. The substitute is rejected. The Senator from Bedford .
Steve Newman
Mr. President, there has been a floor amendment that has been distributed, and I ask we waive reading of the floor amendment.
[Unknown]
The question is shall the reading of the floor amendment be waived. All in favor of the motion say aye. Opposed no. Ayes have it. The reading of the floor motion is waived. Senator from Bedford .
[Unknown]
I move we adopt the floor amendment. Speaking to the motion.
[Unknown]
Senator has the floor.
[Unknown]
Mr. President, this is a bill that has been discussed for about a year and a half now. It relates to pt and c's. For those of you aren't aware, we passed two years ago a t and cis bill that fwam the model of -- became the model of the country. Over 40 states in the nation adopted the bill in large part that we passed on this floor. Currently the pt and cmarket is in a similar situation, where there is fek technology emerging, and that there is a lot of disruptive activity that's going on in the market, and as a result, and working with the Senator from Grayson County, we requested that the dmv take a look at this market for pt and c's, and also take a look at the motor carrier statute, and see if we could bring some logic to it. That brings us to the substitute we have today, Mr. President, which does try to bring logic to all those desperate needs. As the bill has worked its way through, the Senator from Franklin, and others had versions of the bill that related to how would we impose the insurance in different areas and what would those limits look like. The bill does much, much more than that. Late last night, while this bill arrived on the floor of the Senate a few days ago, it looked somewhat like I dressed myself this morning in the dark with a checkered shirt and a mustard tie, and it just doesn't quite work. It arrives today in the form of the substitute, much more like the Senator from Portsmouth, who is always coordinated fairly well. Mr. President, so what we have today before you is a form of a compromise. Very clear and transparent on where the compromise is, and where there's more discussion that is continuing. This bill when it comes to the pt and c areas goes back to our t and c legislation and looks at what we used to call part 1, part 2 and part 3. This bill and the substitute does it much differently than what we had when we arrived on this floor. We arrived on this floor, unlike the Senator from Franklin 's bill, there was no coverage in the part 1 section. But some of you May know as app on, and it was a good reason for that. While we had selected that, because pt and c products not carrying a person is much different than a t and c area, you wait a lot longer to pick up those deliveries, or other items, so there was discussion within the dmv that we not include that area. That was an item of concern for some of our friends in the insurance industry, and also when we came out, we tried to keep the coverage area in part two, which is basically I have agreed to pick up something, and part three, I am delivering something at a low enough level that would encourage all the motor carriers that are not getting commercial insurance today to finally go and get commercial insurance. We are trying to keep that close to being the same, so we could get buy-in from those individuals. Clearly since this bill moved to the floor, and as late as last night after the Senator from Hanover, Senator Rockingham and I, had long conversation with it, there was a decision by some of us maybe we'll just strike the bill. And what was amazing before this substitute came out, no one wanted that. Everyone recognized the current system does not work. Motor carriers are not participating in commercial insurance by and large. Also, under the temporary operating agreement that the dmv gave, there simply was not any regulation on these carriers. So what you have before you today in the form of a substitute is a product that will bring to you insurance requirements in part 1, app on. That requirement is -- before it was going to be the p and c, or pt and c's would have second insurance. It is not in this bill, it's primary insurance, which is what we did with the t and c guys. We have $25,000 in requirement that they must go first, primary insurance, and then if there is an individual policy that comes in after that, then it would go to $50,000, or whatever you currently have on your own policy. The request from the insurance industry was please not to get rid of anything related to delivery statute. Delivery statute is long established law, for over 100 years. No matter how we were working our way through this, we could not get into that, because it would change, just decades of law. So it comes to part 2 and 3, we also substantially raised the level of insurance inside of that section up to 100, 350. And the reason for that, my bill was introduced, was much lower, is that we think that those policies, one, are universally available, we looked at a 150/300 policy, and you May think you want that policy, just simply doesn't currently exist. Mr. President, we are hopeful that this compromise, which is now supported by all those individuals in the insurance industry also those people that are pt and c's, and some of you May think of maybe an uber eats or something like that, but there are pages of those individuals in Virginia that are currently have asked for dmv to operate, that this will affect all of those individuals. It also does a number of things the original bill had in it, which means combines the property carriers and the bulk carriers for the first time, so we actually get those individuals to have commercial insurance. It eliminates the license requirement for what pewsed to be called -- used to be called property brokers as well, and it refines the household goods to a more appropriate capturing the carriers engaged in a personal transport. Mr. President, it also, some of you May remember the for hire plate that had been out for a while, completely ineffect testify -- ineffective and arbitrary. It brings those under this agreement as well. Mr. President, I know there are some, maybe still who wonder about this bill. I think the compromise that is before you has broad support. I would say that we have had continuing conversation with our friends with the trial lawyers, and I think I can represent them to say they like part of what we're doing in part, moving -- part 1, moving to some form of a commercial you insurance. They would like to have had not 100/350, they would have liked a 300/300 policy in that section. Beyond that, Mr. President, I do hope that the body will adopt the substitute. I think it represents what could be good policy. We will continue to have conversations about individual parts. With that, I would like to yield to the Senator from Rockingham, but also thank the Senator from Hanover and Rockingham, and Grayson, also junior Senator from Richmond, and Senator from Arlington and junior Senator from Loudoun, who have really helped a good bit putting together this compromise.
[Unknown]
Thank you. Senator from Rockingham .
[Unknown]
Mr. President, speaking to the bill.
[Unknown]
Senator has the floor.
[Unknown]
Mr. President, members of the Senate, I carried a companion to this, actually competing version of this that has been rolled into the final product, and I just want to say a couple things. Noum -- number one, the commissioner for the department deserves a lot of effort -- credit for efforts the past year. This is not something that has come together overnight. It has been the product of a year's worth of discussion by the stakeholders, and the commissioner, in trying to develop a compromise approach that would not Price the small guys out of the marketplace, would make sure there was access to the marketplace while making sure that we provide adequate protection to consumers and the general public operating on the same roadway with the operators of these transportation networking companies. You know, I 've opinion practicing law for a lock -- I 've been practicing law for a long time. I was taught a long time ago one of the hallmarks of a good compromise, when everyone walks away mutually dissatisfied. I have to say, as this has all the hallmarks of a good I don't think anybody is compromise. Entirely happy with this. The stakeholders who supported my version of the bill are the ones who are known as the transportation networking companies, and I have to tell you that I think that they are probably the ones who have given up the most in connection with these negotiations and the evolution of this bill. If this has devolved in the direction of nick -- anything, it has changed since the report from the commissioner to accommodate some of the concerns of the trial lawyers, and also the insurance companies. Quite an unholy combination, if you ask me. But an effective one, and concessions were made to each. I would point out that the product that emerged from the one-year study had limits that were 50%. 50% of the limits that are in this proposed floor substitute that's before you. And that was something that was negotiated hard by the trial lawyers to make sure that their constituency and the general public was adequately protected. Moreover, you know, one of the big problems about our insurance laws in Virginia is we've got a lot of people out there without insurance coverage driving. And one of the concerns was that part 1, the part where people had the app on, but hadn't accepted a job, weren't delivering something, a lot of them weren't going to be covered. And were going to be driving bare, and if they were in a collision with somebody, that the victim of that would be left high and dry. This compromise makes sure that at least there is that minimal level of coverage in every one of these instances for the transportation networking companies have that primary coverage for the first $25,000. So Mr. President, members of the Senate, I don't think anybody is entirely happy with this. But I think that we are protecting innovation, we are -- the commissioner did a great job of making sure that we expand the population of covered individuals, and covered drivers, make sure that we have a responsible framework, that protects virginians, that the Senator from Franklin, the Senator from Bedford, Senator from Hanover, and many others were instrumental in this. The chairman of the transportation committee helped drive this. But Mr. President, I would respectfully submit that this is a good xroe -- compromise that deserves our support.
[Unknown]
Thank you, Senator. The question is, the Senator from eastern Fairfax County, Senator Surovell .
Scott Surovell
Thank you, Mr. President. Speaking to the bill. The substitute.
[Unknown]
Senator has the floor.
Scott Surovell
Thank you, Mr. President. I don't want to rain on the compromise parade here and all the happiness. I just want to point out that -- I don't like the compromise. I don't like -- I like most of it, I just don't like the insurance limit. I want to explain why. So typically when you are dealing with any kind of a commercial situation, most businesses carry at least a million dollar policy. It's rare that I see less than a million. Cabs, cabs tend to have about 300. I think that's by statute, they tend to carry 300. What we are doing here is we are creating a brand new category, different from everything else, that says 100,000 dollars is enough. And what concerns me is that a hundred thoi dollars isn't enough -- a hundred thousand it is rarely enough. Dollars isn't enough. Personal injury is not all my practice, a little bit of it. But I can tell you, the number one -- the number one problem that occurs in recommending -- representing people when they get zrd, through no fault of their own -- get injured, I want to remind you, through no fault of their own. They are minding their business, taking their kid to school, driving to work, running an errand, they get hurt through no fault of their own. Number one problem, there is not enough coverage. A hundred thousand dollars in today's world is enough to cover an injury moderately severe soft tissue injury, maybe something involving one surgery. It doesn't come close to covering expenses with a hospitalization, or God forbid a permanent injury. This is recognized in federal policy. Federal policy for carriers requires any vehicle under 10,001 pounds to carry at least $300,000 of insurance. We are creating a special sort of subvirginia category of a there is a reason for 300. Hundred. Because commercial vehicles tend to do more damage, for a lot of different reasons. I want you to think for a second about the policy distinction we are drawing here. The policy distinction we are drawing is that we are going to tell -- we are making the policy judgment, we're making the policy judgment that these people that are going to be driving around, making deliveries, trying to earn stars on these apps, right, because the more positive feedback you get, the better your ranking, the more likely they are to use you again. You have people that are incentivized to make these deliveries on time, as fast as possible, get as much positive feedback as possible, whatever it is, driving around with a pizza in the back of their car, a package in the back of their car, some thing in the back of their car. They will be in a big hurry to get that there on time. What happens when people get in a hurry? They hit people. They hit cars, they hit people, they hit bikes, they hurt people through no fault of their own. From my perspective, this group of people who we're giving a lesser limit of insurance to are more likely to get into collisions. Yet we are putting in code a policy that says they should carry less coverage. And that concerns me, Mr. President. Because, you know, if this is something we've seen something again and again. We keep voting for immunity. We keep voting for lower insurance. I will tell you, every single time you push a green button for immunity, or a green button for insurance, all you are doing is shifting responsibility. You are shifting responsibility from the person who caused it, or the corporation who enabled it, the business who caused it, you are shifting it over to the person who is hurt, through no fault of their own, you are shifting it over to our medicaid system, our taxpayers. And that's just not a policy -- for that matter, you are shifting it to bankruptcy lawyers, because when these people get hurt and their lives get altered, that's often where they end up, because they cannot get fully compensated for not only their medical bills, but for their lost income and their changed lives. That's what this hundred thousand dollar limit effectively represents. Mr. President, what concerns me, I don't think this policy, I don't think it's fiscally conservative, I don't think it promotes individual responsibility, I don't think it promotes accountability. And somebody who has to sit in my office and talk to people and look them in the eye and explain to them, I can't do anything more for you. I know this is going to change your life. But that's just how it is. I can't sleep well at night putting a green light on this. So while I think a lot of work has been done, I really think that we ought to acknowledge federal policy and leave it at 300 just like everybody else
[Unknown]
Mr. Chairman? Does.
[Unknown]
Senator from Grayson .
[Unknown]
Would the gentleman yield for a question?
[Unknown]
Which gentleman?
Bill Howell
The gentleman from Fairfax .
Bill Howell
Yes, sir. Would the gentleman from eastern Fairfax County yield for a question? He yields, Senator .
[Unknown]
The gentleman keeps talking about these incidents where they are putting the public in danger, and all the things that could occur. Does the gentleman have statistics on how many tnc drivers were involved in accidents and how many of them actually pose a threat to society as we know, that they've been in existence for two years?
[Unknown]
Senator from eastern Fairfax County .
[Unknown]
Mr. President, I would tell the gentleman, I don't have any statistics, but I have had people contact me who have been injured while riding in tnc vehicles, but not anyone who is injured by someone making a delivery.
[Unknown]
Thank you.
[Unknown]
Of a product.
[Unknown]
Mr. President, gentleman yield for another question?
[Unknown]
Senator yield for an additional question.
[Unknown]
Sure.
[Unknown]
He yields.
[Unknown]
Would the gentleman be aware that in 2016, calendar year, vehicles involved in crashes by special functions, such as taxis, school buses, accounted for 237,000 accidents, and only 16 of those were -- 1 is 16 were tnc drivers.
[Unknown]
Senator from eastern Fairfax .
[Unknown]
I would say to the gentleman, I am not familiar with those stats. Wouldn't surprise me, given tnc is a brand new thing and I think it is rapidly growing. I would expect the number would continue to grow exponentially as we go forward.
[Unknown]
Speaking to the bill.
[Unknown]
Senator has the floor.
[Unknown]
I would just inform the body that I have the statistics for 2016. This is the crashes for 2016 on special functions of motor vehicle type. Taxis were involved in 611 of those accidents. Mind you, I just gave you the statistics of 116 for tnc drivers. School buses accounted for 647. Transit buses, 236. Charter buses, 111. Military, 12 -- police, 1238. That doesn't bide good for some of us. Ambulances 143, fire trucks, 311, maintenance, 789. So I would just tell the body, as the gentleman from eastern Fairfax gave some of the reasons why we do this, we have no doubt it proves that these tnc drivers -- no proof that they are a threat to anybody else with 111 accidents from -- 116 accidents last year.
[Unknown]
Senator from Spotsylvania ?
[Unknown]
Thank you. Would the Senator from eastern Fairfax rise for a question?
[Unknown]
Would the Senator from eastern Fairfax yield for a question?
[Unknown]
He yields.
[Unknown]
Happily.
[Unknown]
Thank you, Mr. President. Would I ask the gentleman, does the policy limits limit how much you can sue a company for, or, let me rephrase that. Can they sue above the policy limits on litigation case for injury?
[Unknown]
Senator from eastern Fairfax .
[Unknown]
Mr. President, I would say the gentleman two things: number one, you can sue for anything you like, but as most of us in practice law have learned, usually pretty hard to get blood from a rock. Not a whole lot of people have money laying around to pay a judgment. It's my perspective, at least, these tnc companies will be hiring folks as independent contractors, and that often the company itself is not going to be liable, but the individual will. Most of these individuals probably don't have a lot of money, which is why they are driving, delivering pizzas or products.
[Unknown]
Senator from Spotsylvania .
[Unknown]
Mr. President, I have one more question for the Senator from eastern Fairfax .
[Unknown]
Senator yield?
[Unknown]
Absolutely.
[Unknown]
He yields, Senator .
[Unknown]
In your practice, have you ever come across people that have a personal liability umbrella policy, Mr. President?
[Unknown]
The Senator from eastern Fairfax County .
[Unknown]
Mr. President, I tell the gentleman that every once in a blue moon I do. Pretty rare. Happy to say I have one myself. I think everybody here should have one as well.
[Unknown]
Mr. President, that's all the questions I have. I thank him for selling my product.
[Unknown]
Thank you, Senator. [ laughter ] the Senator from Bedford, Senator hume -- Newman .
[Unknown]
Mr. President, just briefly. The discussion here really involves one section, I understand that passion. We tried to work with the trial lawyers, and I think they are pleased with certain portions, and in other areas, they would have liked to have more money. I understand that. Mr. President, if you think about it, let's think if we strike the bill what the impact, if we strike the bill is, we go back to what I think in Virginia is somewhat pathetic, 25/50 policy. That's the minimums. So if we get rid of this bill, you are going to go back to a simple $25,000 policy as a possibility on the bottom end. If you pass this bill, you will get whatever the bill requires, which is $25,000, and then you will get to the 50. Number two, the Senator from Grayson, chairman got it exactly right, right now in Virginia, we don't like it, but about 20% of virginians driving around with no insurance whatsoever. None. Zero. We have got to do something about that, rate -- right? We've got to do that, because we are all paying for it. 100% of the people who are going to be required to have driving these vehicles are two things: one, commercial insurance, and private insurance. So they will have both. And I know lying under this is probably a question about a company called uber eats, or lyft delivery or something like that. If it's about that, then know that that company has a million dollars. They don't plan to change it. It is a million dollars for everything. So it is not about that. The question is, is for hill city pharmacy, or whatever companies May be out there, what can we set that rate at to where we can encourage them to buy commercial insurance. And that's what the dmv wanted to come up with. So Mr. President, I think that this is a good compromise, I 'm grateful that the insurance industry has been very helpful, and others in the tnc environment. Hopefully we can adopt the substitute.
Bill Howell
Thank you, Senator. The question is on the floor substitute be agreed to. All in favor of the motion say aye. Ayes have it. Opposed no. The floor substitute is agreed Senator from Bedford. To.
[Unknown]
Mr. President, I move that the bill be engrossed and advanced to third reading.
Bill Howell
Thank you, Senator. The question is shall the bill be engrossed and advanced to third reading.
[Unknown]
All in favor of the motion say aye. Opposed no. Ayes have it. Bill is engrossed and advanced to third reading.
[Unknown]
Bill 1061. A bill relating to government, data collection and dissemination practices act, exemption for sheriff's department. Reported from the committee on general laws and technology, with amendments.
[Unknown]
The senior Senator from Loudoun, Senator Black .
Dick Black
Mr. President, I move that the committee amendments be agreed to.
[Unknown]
Thank you, Senator. Question is, shall the committee amendments be agreed to. All in favor of the motion say aye. Opposed no. The ayes have it. The amendments are agreed to. Senior Senator .
Dick Black
I ask now that the measure be engrossed and advanced to third reading.
Bill Howell
Thank you, Senator. The question is, shall the bill be engrossed and advanced to third reading. All in favor of the motion say aye. Opposed no. The ayes have it. L bill is engrossed and advanced to third reading.
[Unknown]
Senate bill 1309. A bill relating to transacting business under assumed name, central filing of assumed or fictitious names, reported from the committee on certificates. Commerce and labor, with a substitute.
[Unknown]
The Senator from James city county, Senator Norment .
Tommy Norment
Mr. President, thank you very much. I would respectfully move that the bill be engrossed and advanced to its third reading, after we adopt the committee substitute.
[Unknown]
I knew that's what you were thinking, Senator. Yet is, shall the substitute be agreed to. All in favor of the motion say aye. Opposed no. Ayes have it. Substitute agreed to. The Senator from James city county, Senator Norment .
Tommy Norment
I move the bill be engrossed and advanced to third reading.
Bill Howell
Question is, shall the bill be engrossed and advanced to third reading. All in favor say aye. Opposed no. Bill is engrossed and passed to third reading.
Tommy Norment
Senate bill 1324, a bill relating to religious freedom, marriage solemn anization -- solemnization, participation and beliefs, from committee on general laws and technology with amendment.
[Unknown]
Senator from Grayson County, Senator Carrico .
Bill Carrico
Thank you, Mr. President. Move the committee amendment.
[Unknown]
Question is shall the committee amendment be agreed to. All in favor of the motion say aye. Opposed no. Ayes have it. The amendment is agreed to. Senator from graysonment
Bill Carrico
Now Mr. President, I move that we engross the bill and advanced it to third reading.
Bill Howell
Question is shall the bill be engrossed and advanced to third reading. All in favor of the motion say aye. Opposed no. Ayes have it. The bill is engrossed and advanced to third reading.
[Unknown]
Senate bill 1425. A bill relating to the right to resell tickets to events, civil penalty. Reported from the committee on commerce and labor, with a substitute.
[Unknown]
Senator from Franklin .
[Unknown]
Senator Stanley .
[Unknown]
Thank you, Mr. President. I move the committee substitute be agreed to.
[Unknown]
Question is shall the committee substitute be agreed to. All in favor of the motion say aye. Opposed no. Ayes have it. The substitute is agreed to. The Senator from Franklin .
[Unknown]
Thank you, Mr. President. I now move that we engross and advance Senate bill 1425 to third constitutional reading.
Bill Howell
Question is, shall the bill be engrossed and advanced to its third reading. All in favor of the motion say aye. Opposed no. The ayes have it. The bill is engrossed and advanced to third reading.
[Unknown]
Senate bill 1512. A bill relating to charitable gaming, conduct of games, special permits. Reported from the committee on general laws and technology, with a substitute.
[Unknown]
Senator from eastern Fairfax, Senator Surovell .
Scott Surovell
I move the committee substitute.
[Unknown]
Question is shall the committee substitute be agreed to. All in favor of the motion say aye. Opposed no. Ayes have it. The substitute agreed to. The Senator from eastern Fairfax .
Scott Surovell
Mr. President, I move the bill be engrossed and advanced to third reading.
Bill Howell
The question is, shall the bill be engrossed and advanced to third reading.
[Unknown]
All in favor of the motion say aye. Opposed no. The ayes have it. The bill is engrossed and advanced to its third readingment
[Unknown]
Senate bill 1574. A bill relating to the Virginia economic development partnership authority, membership powers and duties. Reported from the committee on general laws and technology, with a substitute.
[Unknown]
Senator from Mecklenburg, Senator Ruff .
Frank Ruff
Thank you, Mr. President. I move the committee substitute.
[Unknown]
The question is shall the committee substitute be agreed to. All in favor of the motion say aye. Opposed no. The ayes have it. The substitute is agreed to. The Senator from Mecklenburg .
Frank Ruff
Mr. President, I move the bill be engrossed and advanced to third reading.
Bill Howell
Thank you, Senator. The question is shall the bill be engrossed and advanced to third reading. All in favor of the motion say aye. Opposed no. Ayes have it. The bill is engrossed and advanced to third reading.
[Unknown]
Senate bill 15910. A bill -- 1590, health insurance coverage for autism spectrum disorder. Reported from the committee on commerce and labor, with amendments.
[Unknown]
The senior Senator from Virginia beach, Senator Wagner .
Frank Wagner
I move the committee amendments be agreed to.
[Unknown]
Question is shall be committee amendments be agreed to. All in favor of the motion say aye, opposed no. Ayes have it. Amendments are agreed to. Senior Senator .
Frank Wagner
Mr. President, I move the bill be engrossed and advanced to third reading.
Bill Howell
The question is, shall the bill be engrossed and advanced all in favor of the motion say to third reading. Aye. Opposed no. Ayes have it. Bill is engrossed and advanced to the third reading. The Senator from James city county.
[Unknown]
Senator Norment .
[Unknown]
I thank you, Mr. President. I now respectfully move that the rules of the Senate be suspended, and that the third constitutional reading of all of the Senate bills on the second reading be dispensed with, and the bills be advanced to their final passage on the third reading.
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. Fave record their votes aye, opposed no. 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, no's zero.
[Unknown]
Ayes 40, no's zero. The reading of the titles is dispensed with. The bills are now before the Senate on final passage.
[Unknown]
Senate bill 1364, Senate bill 1061, Senate bill 1364. I tried. [ laughter ] you
[Unknown]
Senator from Bedford, Senator Newman .
Steve Newman
Mr. President, I would be pleased for mine to go in the block, that's okay. [ laughter ] Mr. President, I would like to move that Senate bill 1364 pass. Speaking to that motion.
[Unknown]
Senator has the floor.
Steve Newman
Mr. President, I think the discussion on the floor earlier really described the bill fairly well, and I would hope that we would pass the bill. Die think that the -- I do think that the net effect of this bill, we are going to have commercial insurance in places that there is no commercial insurance today. Inside the bill we have established a part 1 insurance, which was not in the original bill, it was in the bill from the Senator from Franklin, and we have dramatically, from my original bill, and the bill that the dmv put together, raised the insurance on the inside. But more importantly, I think we've raised the number of people that are going to have insurance. Before there was just massive non-compliance of the commercial carrier section of the code of Virginia. This brings everyone into a similar compliance, and I would hope that we would adopt the bill. Thank you, Mr. President.
[Unknown]
Thank you, Senator. Senator from James city county, Senator Norment .
Tommy Norment
Thank you, Senator. The question is, shall Senate bill
Bill Howell
All in favor of the motion record their votes aye, opposed no. Red 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, no's 1.
[Unknown]
Ayes 39, no's 1. The bill passes.
[Unknown]
Senate bill 1061.
[Unknown]
The Senator from -- senior Senator from Loudoun County, Senator Black .
[Unknown]
Thank you, Mr. President. I move passage of the bill. This is a very simple bill. It really corrects a drafting omission in the foia law. The foia law laid out the very self evidentiary kwierment that -- self-evidentiary kwierment that foye ya not provide information about ongoing criminal investigations, and it identified the various law enforcement agencies, but it omitted sheriff's departments of counties and cities, all this bill does is it inserts a sheriff's among all the other law enforcement officials who have this foia exemption. With that, I urge passage of the bill.
Bill Howell
Thank you, Senator. The question is shall Senate bill record their votes aye, opposed no. 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, no's zero.
[Unknown]
Ayes 40, no's zero. The bill passes.
[Unknown]
Senate bill 1309.
[Unknown]
The Senator from James city county, Senator Norment .
Tommy Norment
I thank you, Mr. President. I respectfully move that the bill pass. And speaking to the bill, sir
[Unknown]
Senator has the floor.
Tommy Norment
Mr. President, I would say oorjly as I -- originally as I introduced this bill, the state corporation commission was very kind and provided some well-needed expertise and guidance and helped me to rewrite it. What it deals with is where a business trades by fictitious name, that they have traditionally been required to file a certificate in the circuit court, and also in the state corporation commission, what this does is eliminates the filing locally and allows it filed with the state commission corporation on a form that will be developed by the state corporation commission, and they were very helpful in helping me to evolve it. So I ask that the past.
Bill Howell
Thank you, Senator. The question is shall Senate bill record their votes aye, opposed no. Vote? Have all the senators voted? Do any of the senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 38, no's 2.
[Unknown]
Ayes 38, no's 2, the bill passes.
[Unknown]
Senate bill 13 24.
[Unknown]
The Senator from Grayson County, Senator Carrico .
Bill Carrico
Thank you, Mr. President. Ask the bill pass.
[Unknown]
Speaking to the bill. Mr. President, this bill is the bill that we saw last year that this body passed out, that basically provides that a person of a religious organization is not required to participate in solemnization of any marriage, and be subject to any type of penalty. Last year we had a long discussion on this bill, and I don't know that anything that we could discuss in this body right now would change the minds of those that were against it, but also over the off year after the veto by the governor of this bill, it was explained that they didn't want to hurt any of the economy of Virginia. So some statistics were acquired over the year, talking about what they contribute, what religious organizations contribute to the economy of the united states, and of Virginia. And you will be shocked to know that what the facts say about the influence of religion on society from the researchers brian and melissa grimm of georgetown, university and newsom institute showed the social economic contributions of the religious american society, they showed that $3 78 billion to the u.S. Economy annually, and more than a trillion annually, equated to 15% of the largest economy in the world. 161 billion is from religious healthcare networks. It is estimated that it includes only the top 100 hospitals of that 161 billion. Nearly 47 billion from religious affiliated spoougs -- institutions of higher learning. About half of the united states population are members of religious congregations, glags congregations spending on social programs has increased, even though numbers of affiliated to a serb religion decreased -- certain religion decreased. 40% of the largest charities in united states faith-based. Approximately 129,680 congregations have groups specifically to help those struggling with drug and alcohol abuse. So what are -- do we say about Virginia, just from the catholic organization, they make up about 8%, 8.3% of Virginia 's population. 26,a -- 26,560 are catholic school students. 25% of those are minority student population. And they attribute $315.7 million to the catholic schools that they save the state. 159 million or the total that the catholics contribute to the community benefits, and $60.4 million in valued healthcare that they provide. So as we move along through this process, you can see that protecting what our founders found to be the most important thing is that the state not get involved in the religious activities of those organizations by protecting them from being sued and any penalties because of their religious beliefs, and not discriminating against them because of that belief, I believe, is important to our constitution, and important to the economy of Virginia, when you talk about the numbers, and the numbers are real, and they've been proven. And I hope that you would support the bill.
Bill Carrico
Thank you, Senator. The Senator from Alexandria, Senator Ebbin .
Adam Ebbin
Thank you, Mr. President. Would the gentleman yield for a question?
[Unknown]
Would the Senator from Grayson yield for a question?
Adam Ebbin
I yield.
[Unknown]
He yields, Senator .
[Unknown]
Thank you. I would ask the gentleman if he could give us some examples between the veto of last year's bill and the introduction of this year's bill of the organizations or people that were discriminated against because of their sincerely held beliefs or lost their tax status in Virginia .
[Unknown]
Senator from gla son. -- Grayson .
Bill Howell
I would answer the gentleman that I can't give you any statistics that they have been discriminated. I guess I would pose that question back to the gentleman from Arlington, if he could give me some statistics of these religious organizations discriminating against anyone else for healthcare or anything else.
[Unknown]
The Senator from Alexandria .
[Unknown]
I don't see any from Arlington here. But I don't understand when he said examples of people discriminating against what? If I could ask him?
[Unknown]
Denied healthcare through these organizations.
[Unknown]
I can't give examples of anyone denied healthcare. It is not my bill. But, sir, if I could just speak briefly to the bill.
[Unknown]
Senator has the floor.
[Unknown]
Thank you. First, you know, I wonder why -- I know it's not necessary for us to pass this legislation. We don't have any examples of this happening from last year. It is broader than last year's bill. And now talks about tax penalties, which I am not aware of anyone ever proposing a tax penalty for someone's religious belief. Further, you mentioned healthcare, which just brings to my mind, I 'm wondering, we have a law in Virginia that people have to be allowed to visit each other in the hospital, and I see here that it says that, on line 32, that no one would be subject to any penalty in accordance to their sincerely held religious be recognized as the union of beliefs that marriage should a man and woman. So I guess that could mean if someone, a nurse, a hospital, whoever, a doctor, doesn't want people to be able to visit on the same basis, they couldn't be penalized. But really, one of the things I thought of, I didn't want to waste the body's time, was that we could have amended this bill to say or that marriage is between the same persons, between person of the same gender, are valid and should be recognized. Because this really the one-sided bill. What it does, it elevates the beliefs of those who don't over those who do, and that's believe in marriage equality really, I think, the main purpose of the bill, and I question why it's needed, and suggest that we defeat the bill.
[Unknown]
Thank you, Senator. The Senator from Fairfax city, Senator Petersen .
Chap Petersen
Thank you, Mr. President. Speak to the bill.
[Unknown]
Senator has the floor.
Chap Petersen
Mr. President, ladies and gentlemen of the Senate, I am in that sort of unusual position of I am a political liberal and a theological conservative. Puts me in a pretty narrow group of folks, but I understand this bill. I understand the gentleman's motivation. I respect it. I don't agree with it in this let me explain why. Contest. -- context. These issues we think are modern to our time, but in reality, these issues have been going on in Virginia since 1607. I mean, we've always struggled with how do we allow people free doll of con shebs, while -- freedom of conscience, while having law and orderer in our society. Virginia statute of religious freedom really spoke to this principle, as it -- did the first amendment of the united states. They stand on their own terms. You don't need to get into the granular detail of how they need to be interpreted, because everybody understands that if you live in this it. Commonwealth of Virginia, you are free to worship as you please. And once you step into that church, and once you solemnize a relationship between a man and woman or same-sex, if you make that choice according to the pre-sements of your religion, do you so freer -- freely as an american. The first amendment enshrines that right. Oddly enough, we put forth a statute, 57.202, which talks about relij us freedom and gives awe cause of action as a citizen if the state burdens your exercise. Here's what it says. A person whose religious exercise has been burdened by government in violation of this section May assert that violation as a claim or defense in any judicial or administrative proceeding, and May obtain declatory and injunctive relief from a and then it goes on to say, if circuit court. You prevail to enforce that action against the governmental entity, you recover reasonable costs in attorneys' fees. Now, amongst this group of folks, which are some of the stingiest people I know, there are very few statutes which allow you recover attorneys' fees, particularly for a violation by government. As opposed to a business. Yet we've made that choice it do that. This is our existing law. Our existing law. I've sat here through 14 years in the legislature, and I 've heard people give prayers all the time. And I aus show respect -- always show respect to that religion, whether it's mine or not. Okay? And by the way, I asked my pastor, he said can I use the words jesus christ. I said absolutely you can, please do so. Madam clerk, you can come lecture me afterwards, okay? And the bottom line, none of those folks, no matter what words they use, are going to lose their tax status. And the day they do, is the day I walk out of this building and I never come back. Okay? Because they are free to worship as they please. And so are we, and so is adam and so am I. We don't need this bill to have that right. We have that right now. We have it now. So y'all want to go up on the board and say this person's anti-christian or -- fine, send them to me, because I am proud to be a christian, and I am here. I am not voting for the bill.
[Unknown]
Yield for a question?
[Unknown]
Gentleman yield for a question?
[Unknown]
I will not yield yet. I would say to the Senator, the gentleman, my colleague from Grayson, who I go down and visit him, I try to every summer, I respect the intentions behind this bill. But we are covered as virginians in freedom of religion. We got it. Okay? We got it. We're covered. And I 'm happy to answer his question.
[Unknown]
Senator from Grayson .
[Unknown]
Thank you. Would the gentleman -- the governor's executive order that was just released that said that Virginia wouldn't do business with anyone who didn't recognize the marriage of gay or lesbians, would that not qualify under what you are talking about as far as burdened on organizations such as this, and why we would need this bill?
[Unknown]
Senator from Fairfax city.
[Unknown]
I would simply say if it did, that person has a cause of action currently under 57-2.02. Now, I am not -- I don't have the executive order in front of me. If it burdened their rights of religion, they have a cause of action currently under the existing law.
[Unknown]
Senator from Grayson .
[Unknown]
Another question.
[Unknown]
Hold on a second. Would the Senator yield?
[Unknown]
I do yield.
[Unknown]
He yields.
[Unknown]
Would the gentleman agree that if an organization that firmly believes that marriage is twreen one man and one woman -- between one man and one woman would be discriminated against under the fact that Virginia was not going to do business with someone that didn't honor the other marriages.
[Unknown]
Senator from Fairfax city.
[Unknown]
Well, first of all, I would ask the gentleman by saying, basically depends on what business it is. If someone who is a ceo of a company has that privately expressed belief, I don't see why that's not his first amendment right. If it's a matter of policy, they don't do business with certain classes of people because of those folks are homosexual, then that May be an issue. I don't know the circumstances.
[Unknown]
The Senator from -- thank you, Senator .
Bill Howell
The question is, shall Senate bill 1324 pass. All in favor of the motion reported their votes aye. Opposed no. Vote? Have all the senators voted? Do any of the senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 21; no's 19.
[Unknown]
Ayes 21, no's 19, the bill passes.
[Unknown]
Senate bill 1425.
[Unknown]
The Senator from Franklin County, Senator Stanley .
Bill Stanley
Thank you, Mr. President. I move that Senate bill 1425 pass. Speaking to that measure.
[Unknown]
Senator has the floor.
Bill Stanley
Thank you. Mr. President, members of the Senate, Senate bill 1425 preserves property rights, free market principles when it comes to reselling tickets. Right now we've got a monopoly business practice with those who serve tickets to sporting events rs those who sell tickets to concerts, which are now, and those practices are prohibiting the transfer of that ticket. So when I buy a ticket and I can't go, and I want to give it to my friend, the Senator from Hanover, so that he can go and see this miley cyrus, sure. So I have that ability, because it is my right. I paid for it. But right now those business practices prevent that from happening. Quite frankly, that's just not the american way of doing things. So if we have a ticket and I want to give it to the senior Senator from Virginia beach, by golly, I am going to give it to him, and he's going to go to that concert and he's going to have a great time and bring me back a shirt. [ laughter ] this codifies that right and ability to do so, and I ask that you support the bill and I renew my motion that the past.
[Unknown]
Thank you, Senator. Senator from fair fans city, Senator Petersen. -- Fairfax city, Senator Petersen .
Chap Petersen
Would the Senator yield for a question?
[Unknown]
Mr. President, only if he realizes I am not the Senator from Grayson, this is not a religious freedom bill, it is a ticket bill.
Chap Petersen
I will yield.
[Unknown]
He yieldsment
[Unknown]
I would say this is more important, because it has to do with the redskins. [ laughter ] I would ask that the gentleman, is he aware there are four sports teams in the dc area, none of which are located in Virginia .
[Unknown]
The Senator from Franklin .
[Unknown]
Mr. President, I would respond to the gentleman by saying, having spent time growing up in northern Virginia, and having loved every sports team in the northern Virginia area, I must confess that I, much like the Senator from fair tax city, am -- Fairfax city am depressed none of those teams are in the Virginia area.
[Unknown]
Senator from Fairfax .
[Unknown]
Another question.
[Unknown]
You yield?
[Unknown]
Certainly.
[Unknown]
I ask the gentleman do not all these sports teams actually market their teams in northern Virginia, and do they not market particularly season tickets to persons living in Virginia .
[Unknown]
Senator from Franklin .
[Unknown]
I would answer the gentleman by saying I assume, having not been there in a while they do that. I think they market it all over the place, maryland, dc, Virginia, delaware. They eastbound market those season -- even market those in my area in lovely, beautiful south side Virginia .
[Unknown]
Senator?
[Unknown]
Further question.
[Unknown]
Would the gentleman yield for an additional question.
[Unknown]
I will yield.
[Unknown]
He yields.
[Unknown]
I ask the gentleman, don't those teams just like any private business have a right to enter a contractual arrangement with a ticket platform such as a stubhub, or some other platform, in order no market their product, jug like any of us has a right to market our product.
[Unknown]
Senator from Franklin .
[Unknown]
Mr. President, I would agree with the gentleman.
[Unknown]
Further question.
[Unknown]
Would the gentleman yield?
[Unknown]
He's thinking about it.
[Unknown]
He yields, Senator .
[Unknown]
Would not this bill, if we pass it, as it is right now, basically invalidate that agreement, it would no longer be an exclusive agreement, now they would basically have to make tickets available to any ticket broker for resale, securizing, commodityizing, dallas cowboys want to buy up all the ticket. They have to make it available, do they not?
[Unknown]
I would answer the gentleman I respectfully disagree. This really is not about scalping large companies in the resale markets, or box buying up tickets. -- bots buying up tickets. This is about preserving the fundamental right that if we to our friends, give them away buy tickets, we can give them to charity to raise money for our favorite charitable cause. The thing, Mr. President, that gets me, we are not -- we are taking the handcuffs off the consumer, the fan, we are not putting handcuffs on the company. So quite frankly, Mr. President, I will even say that those companies that you buy the tickets from, like a ticketmaster, you can sell it back to them, because they won't let you transfer it. You go up there, they won't let you transfer it. Two things happen. One, they are taking 20% off the top of what you paid for it. So if you, Mr. President, paid $100 for a ticket, if you get at that ticket, and they will try to resell it after they have sold the other tickets. You get $80 back. That ain't right. Thank you, Mr. President. [ laughter ]
[Unknown]
Speak to the bill.
[Unknown]
You have the floor, Senator .
[Unknown]
Mr. President, ladies and gentlemen of the Senate, I don't -- I May not know a lot about religion, but I have been a redskins season ticket holder since 1999. I remember the days you had to go down to the stadium to pick them up back in the old days. The team, like a lot of sports teams, and like a lot of groups, whether it's music concert, whether it's a play, on broadway, they have their means of delivering tickets to the general public. And there is a reason for it. Because sometimes they want those tickets to go to the public. They don't want it to be bought up by brokers. And they have a specialized vendors that they use. And for example, the redskins you don't like it, you don't use stubhub. Have to buy their tickets, but the bottom line is, we're telling people how to run their business here. And I know folks who say we shouldn't spend money to bring sports teams into Virginia. You May be right. Let's not pass laws that say let's not pass laws that say you are not welcome here, because this is basically a bill that is interfering with their right of contract as to how they distribute tickets, basketball, ice hockey, you and, again, you know, I can name it. Tell you that right now, if you want to buy a ticket to a game, it's pr yet I darn easy -- pretty darn easy to do. If you want to have complete chaos, pass a bill like this and have 200,000 people show up at a stadium all claiming to be season ticket holders. It is going to be chaos. I think the system as it is right now works well. Sure, it's easy to lampoon, you can say some Delegate didn't get to go to an iron maiden concert or what have you. No -- who knows. But the bottom line, the folks who are selling thighs -- these ticket, bruce springsteen or pro football, they have a right to deliver the tickets to their fans and their customers, and we shouldn't be interfering in that relationship, which is what I think we're trying to do here.
Bill Howell
Thank you, Senator. The question is, shall Senate bill 1425 pass. All in favor of the motion record their votes aye. Opposed no. Vote? Have all the senators voted? Do any of the senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 35, no's 5.
[Unknown]
Ayes 35, no's 5. The bill passes.
[Unknown]
Senate bill 1512.
[Unknown]
The Senator from eastern Fairfax County, Senator Surovell .
Scott Surovell
Thank you. Speaking to the bill.
[Unknown]
Senator has the floor.
Scott Surovell
Thank you, Mr. President, ladies and gentlemen of the Senate, one of the most important bills you are going to hear this year. My bingo bill. Basically just says if a bingo match is knocked out because of severe weather event or religious holiday, that another bingo game can be rescheduled. There is one bingo hater on the committee that hated it. I guess the senior Senator from Loudoun must ab bingo caller because he abstained. I hope the body will support the measure.
Bill Howell
Thank you. Question is, shall Senate bill record their votes aye, opposed no. Vote? Have all the senators voted? Do any of the senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ooh -- ayes 38, no's 2.
[Unknown]
Ayes 38, no's 2. The bill passes.
[Unknown]
Senate bill 1574.
[Unknown]
Senator from Mecklenburg, Senator Ruff .
Frank Ruff
Thank you, Mr. President. Move the bill pass. Speaking to the bill.
[Unknown]
The Senator has the floor.
Frank Ruff
This bill revisits the structure and responsibilities of the Virginia economic development partnership. It codifies many of the changes that have been made recently, and it reduces the size of the partnership board while bringing various expertise to that board. I renew my motion to pass.
[Unknown]
Thank you, Senator. Question is, shall Senate bill the bill from Mecklenburg, record their votes aye, opposed no. Vote? Senator Ruff .
[Unknown]
Thank you, Mr. President. Have all the senators voted? Move the bill pass. Speaking to the bill. Do any of the senators desire to change their vote?
Bill Howell
The Senator has the floor. The clerk will close the roll.
[Unknown]
Ayes 40, no's zero.
[Unknown]
This bill revisits the
[Unknown]
Ayes 40, no's zero, the structure and responsibilities bill passes. Of the Virginia economic
[Unknown]
Senate bill 1590. Development partnership.
[Unknown]
The senior Senator from it codifies many of the Virginia beach, Senator changes that have been made Wagner .
[Unknown]
Mr. President, I move the recently, and it reduces the bill pass. Size of the partnership board speaking to the measure.
[Unknown]
Senator has the floor. While bringing various
[Unknown]
Mr. President, this bill expertise to that board. Merely extends from ten years old to twelve years old the I renew my motion to pass.
[Unknown]
Thank you, Senator. Age that the health insurance question is, shall Senate bill coverage will cover for those with spectrum autism disorder. Record their votes aye, renew my motion the bill pass. Opposed no.
Bill Howell
Thank you, Senator. Vote? The question is, shall Senate bill have all the senators voted? 03:55:20.770 --> 03:55:26.341 >> Senate bill 1574. >> Senator, no's 2. >> Ayes 38, no's 2. Do any of the senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 40, no's zero.
[Unknown]
Ayes 40, no's zero, the bill passes.
[Unknown]
Senate bill 1590.
[Unknown]
The senior Senator from Virginia beach, Senator Wagner .
Frank Wagner
Mr. President, I move the bill pass. Speaking to the measure.
[Unknown]
Senator has the floor.
Frank Wagner
Mr. President, this bill merely extends from ten years old to twelve years old the age that the health insurance coverage will cover for those with spectrum autism disorder. Renew my motion the bill pass.
Bill Howell
Thank you, Senator. The question is, shall Senate bill record their votes aye, opposed no. Are all 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 34, no's 5. Rule 36-1.
[Unknown]
Ayes 34, no's 5, rule 36-1, the bill passes.
[Unknown]
Uncontested calendar, Senate bill on first reading. Senate bill 900. A bill for all amendments to chapter 780 of the 2016 acts of assembly, which appropriated funds for the 2016-18 biennium, and to provide a portion of revenues for the two years ending respectively on the 30th day of June, 2017, and the 30th day of June, 2018, submitted by the governor of Virginia to the presiding officer of each House of the general assembly of Virginia, in accordance with the provisions of section 2.2-1509 code of Virginia. Uncontested calendar, Senate joint resolutions on third reading.
[Unknown]
Senator from James city county, Senator Norment .
Tommy Norment
Thank you, Mr. President. I move that all of the Senate joint resolutions on third reading on pages 38 through 41 of the calendar, including sjr 251, through sjr 340 be placed on the final passage in the block. Any Senator who desires to remove a resolution from the block should please do so after the clerk has read the number of that resolution.
[Unknown]
Thank you, Senator. The question is, shall the Senate joint resolutions on the uncontested kael en -- calendar, pages 38 through 41, s.J.R. 251, through s.J.R. 3 40e, be placed upon their final passage in the block 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. Opposed no. Ayes have it. Motion is agreed to. Resolutions are before us in the block. Clerk will please read the number of the resolutions.
Tommy Norment
Senate joint resolution 251. Senate joint resolution 268. Senate joint resolution 278. Senate joint resolution 279. Senate joint resolution 282. Senate joint resolution 284.
[Unknown]
Senator from Stafford .
[Unknown]
Could that please come out of the block.
Bill Howell
Without objection, sj.R. 284 will come out of the block.
[Unknown]
Senate joint resolution 285. Senate joint resolution 298. Senate joint resolution 340.
[Unknown]
Thank you, madam clerk. The question is, shall the resolutions be agreed to. That is all except for s.J.R. 284 on Page 40. All in favor of agreeing to the resolutions say aye. Opposed no. Ayes have it. Resolutions in the block are agreed to. Returning to paige 40 -- Page 40, s.J.R. Number 284, the Senator from Stafford, Senator stewart.
[Unknown]
Thank u Mr. President. I move the resolution be adopted. Speaking to that.
[Unknown]
Senator has the floor.
[Unknown]
Mr. President, this is a constitutional amendment, it deals with the property tax exemption for surviving spouses of veterans that were killed serving our country. It slightly changes the def -- to those that died in a combat zone. We are trying to help give relief to those folks that are fighting for us overseas, but May get killed in a car accident instead of hand-to-hand combat. So with that, mrt -- Mr. President, that's the resolution, I hope y'all will support it.
[Unknown]
Thank you, Senator. The question is, shall s.J.R.
Bill Howell
All in favor of the motion record their votes aye, opposed no. Are all the senators ready to vote? Change do any of the senators have all the senators voted? Desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 39, no's 1.
[Unknown]
Ayes 39, no's 1. The resolution is agreed to.
[Unknown]
Regular calendar, Senate joint resolutions on third reading. Senate joint resolution 295, proposing to amendment of institution -- legislative review of administrative rules.
[Unknown]
Senator from Fauquier County, Senator rogue -- Vogel
[Unknown]
I move the resolution pass. Speaking to that motion.
[Unknown]
Senator has the floor.
[Unknown]
Thank you, Mr. President. I think it is the case that almost every person in the chamber has lots of folks in their communities talk to them about regulations. Business people talked to them about the competitiveness of the business environment in which we all live, so lots of people had brought different measures to this body this year, to address the regulatory environment, and more specifically, regular tori reform, or regulatory roll back opportunities. And this is one shot at doing just that. The reason it must come in the form of a constitutional amendment is that in order for us to do it in the way in which I propose, which is to allow the general assembly to have some option to ebb -- engage in and roll back regulations is that the only way for it to be constitutional is to do it in a institution. Remove some component from those who are unelected and have an extraordinary amount of decision-making power, to have some of that power transferred to those of us who are elected, and who are 100% accountable to the public. To have the opportunity to review regulations, and what ultimately ends up happening is we will hear from a constituent, who says this is a regulation that is entirely antiquated, obviously, maybe undermining its own intended purpose originally, and what we end up doing is firing a letter out to an administrative agency asking for help or support. What ends up happening, it is a rather long -- this would allow us to be much more responsive and give an opportunity to review through this body, to roll back a that's exactly what it does. Regulation. Just that simple. So with that, would I ask the body please pass the resolution. Thank you.
[Unknown]
Mr. President, I rise to oppose this constitutional amendment. What this does, Mr. President, is make a radical change. Legislature to the executive branch. And we are seeing this and we have seen it decade after decade, both at the state -- people are dissatisfied and they're disheartened at the fact that they no longer can elect representatives who represent them and who pass laws. Now there are unelected bureaucrats who -- who enact their own law without any input from the legislature. I really think -- the essence of this, the essence of this shift towards regulatory authority, which is unconstrained, diminishes the power of the people. It diminishes the power of voters to through their -- influence their government. We live under this theory, and I know it's somewhat theoretical, that power derives from the people. But when we get to the point where power derives more from regulatory agencies than from the people acting through their elected representatives, then we have lost the essence of what this country is about. And so I strongly support this measure.
[Unknown]
Thank you, Senator. The Senator from western Fairfax
[Unknown]
I rise to speak against the bill -- against the resolution.
[Unknown]
The Senator has the floor.
[Unknown]
This is very distressing. We've been voted the best managed state in the country, and part of that is because we have balanced fairly well the three branches of government, the judicial, the executive, the legislative, and what we're society go up here is a situation where when one party is in control, the regulations are out; the next party comes in, regulations are in. Back and 40 we -- forth we go. I don't know what problem we're trying to solve. I know regulations can be frustrating. It must have been nice a couple hundred years ago, when you got fed up with regulations in your community, you packed up the wagon and moved west where there was no regulation at all. Those days are gone. We're stuck with each other. We have to live in a situation where we are regulated. And to have professionals doing this, we certainly have remedies in terms of our elections and elections of our governors, people can run on a campaign to change the regulatory environment as a governor, but we're messing with the balance of power here. It's very distressing. It's very dangerous. I urge you not to support this resolution.
[Unknown]
Thank you, Senator. The Senator in southern Fairfax County, Senator Barker .
[Unknown]
Mr. President, I would say that the statement that regulatory authorities aren't constrained is not true. We have three branches of government, executive, legislative and judicial, and if someone thinks a regulatory agency or body has exceeded its authority under the laws that have been passed, simply somebody has to go to court and the courts have not been shy about identifying regulations and agreeing when there has been regulations that went beyond the authority that they thought was provided in the legislation. But it doesn't stop there. If someone goes to court and is unsuccessful, their next step is to come to us. Come to us, the legislative body we have the opportunity, if we think that a regulation is something that is improper, to change the fundamental law that the regulation applies to so that we address it that way. But we've done it through the legislative process then, rather than trying to insert ourselves into the executive. I think it is highly dangerous for the balance of power for the legislature to step into the executive role and making those regulations when we already have two other options, one is to go to court, as the regulatory body has exceeded its authority, and the second, the regulatory body not exceeding their authority but someone doesn't like the regulation, they can come to us to change the fundamental law. And that way we don't in effect tip the balance in one direction than another. We maintain the balance among the three branches of government
[Unknown]
Thank you, Senator. The senior Senator from Virginia beach, Senator Wagner .
Frank Wagner
Thank you, Mr. President. Speaking to the bill.
[Unknown]
The Senator has the floor.
Frank Wagner
I don't normally speak on these and join the back and forth going back and forth. I will note that I did go online when I heard we were the best managed state, and the last thing I had said the 17th best managed state. Regardless of whether we're best managed or not best managed, when we pass a law, and I think that's a great problem that we have, we never look back to see if the regulations followed the intent of the law. There is no look-back. And so we basically turn over to the bureaucracy writing those regulations, and we've dealt with them in joint commission on administrative rules many times where the regulatory agencies have exceeded their authority and we tried to real them back, sometimes we're successful, sometimes not so much, but when a regulation is passed, because the full force of impact of the law, it has. And I watch at the federal level what was originally the intent of the corps of engineers to regulate those and a half gable waterways in the united states, I watched that bureaucracy and the rules and regulations. Now to come to even dry screen beds that might have water flowing in them at some point in time, now has fallen under the corps of engineers jurisdiction, which in effect means pretty much the entire commonwealth of Virginia if you're looking at any type of project, will have to come under the corps of engineers review. Was that Washington 's intent when they wanted the corps of engineers to look at and a half gable waterways and decide what projects moved forward on those and a half I gable waterways? I think it's instrumental that the legislature stand up for itself and say, hey, that was not our intent. That was not what we meant by the law. You don't have the right to write the law in the form of regulations when you put them out, you're not an elected official. And we have that authority and you have the express authority to carry out the laws that the legislature passes. And so I think it's absolutely instrumental, particularly in light of many what I call bureaucracy run amok, thinking they can write law in the form of regulation that we have a duty, a fundamental duty to pass this constitutional amendment so that we make sure that what regulations come out do in fact comply with the laws that we pass here in this room. And so I would hope you'd pass this constitutional amendment. I think it's something that's long overdue and something we
[Unknown]
Thank you, Senator. Very much need. The Senator from Russell County, Senator Chafin .
Ben Chafin
I rise in favor of this resolution, and I will give you an example of why I think that this resolution is long overdue. The other day in committee, I was listening carefully and I heard that the city of Alexandria was allowing 130 million gallons naturally -- and wally of raw sewage to go into the water. I asked the deq the simple question, Mr. Paylor, if one family in southwest Virginia has a straight pipe that runs out of their House and into a river or into a creek, is that legal or not legal under your regulation? And he said, oh -- in a sheepish sort of way, he said, that would be illegal. That would be in vials of the -- violation of the law. But it's completely fine under the regulations for 130 million gallons from a city to go in a river. And so, to me, you know, I think that when we talk in this room and when we consider things in this room, usually common sense rises. Usually. Usually there's a discussion and there's somebody that gets up and they talk about common sense I 'm not so sure, maybe not so much with some of these regulatory authorities that pass some of these rules because it makes no common sense whatsoever to me that you penalize some poor guy who can't afford it, but you allow one of the wealth iest cities in the country to pump raw sewage or let raw sewage go in the pro potomac -- potomac. I hope it will be the pleasure of the body to pass the rest resolution.
[Unknown]
If no one else wishes to speak, I was just having a conversation with the senior Senator from Fairfax and I cannot believe his good fortune. He does not have quite as many people as I do who come to him and have issues of regulations. Many of mine are of a local nature but many of them are also issues with state regulations. And it is often the case that the administration is exceedingly helpful. Previous administrations as well as the current administration, in helping with constituent service matters. But to address some of the issues raised on the floor first, I want to say, this is not, I repeat, not a radical departure from anything that, frankly, we are currently attempting to do now but that I would argue we do poorly. And that is, we can already come in and pass legislation to but what ultimately ends up change a regulation. Happening is that we have constituents who are muddling through a process that is difficult, expensive, they don't all have easy access to their representatives to get assistance to pass legislation that would help them with an arcane, ineffective burdensome regulation, and if they have to go to court, it's incredibly expensive. And the Senator from Virginia beach mentioned that we have dropped to no. 17, and that's an issue for Virginia. Our economic competitiveness, I believe just very recently we've gone from five to 13, and I think our growth is now at 38 in the nation. People talk about our economic competitiveness being incredibly impacted by the regulatory environment that we find ourselves in. And it is absolutely the case that what we all saw happen in November, in my view, was absolutely a reaction to what people believe is administrative regulations gone wild and gone unchecked. And I will tell you that, among all of the experiences that I have had in helping shape how I view our responsibility as legislators, and how I feel about the responsibility of the executive branch, was an opportunity I had to go into the administration back in 2000 and I went in as the deputy general counsel at the department of energy, and I had the opportunity coming in both as ethics counsel but also as counsel responsible for one year doing a regulatory evaluation of a whole series of regulations that had been rushed through at the 11th hour before the previous administration was departing. And I thought, well, this will be an extraordinary education. An incredible opportunity to go through and do what was going to be a regulatory evaluation but in many ways ended up being a massive regulatory roll back because I brought in all the representatives from the industry, whether it was dish washers or ceiling fans or air conditioners as well as consumer groups, and it was absolutely astounding because what ended up happening, all these regulations were rushed through, there was no sun light, there was no opportunity for real collaboration, and that in my mind is exactly what the issue is. And it not only was devastating for those who were in the manufacturing industry, not only devastating for business, but it was devastating for consumers. We had the opportunity to say some of them were great great, yes, absolutely, and this is not about trying to dump, you know, kerosene into the water. That's not what this is about. This is not trying to do damage to regulations that are actually this legislature, this body is good. Here to do good. And I believe in the good intent of all of us who are here, who are here to reflect that. But indeed it is actually here to try to rebalance what, in my view, is incredibly out of balance. And that is, there isn't a lot of sunlight. There's not a lot of opportunity for collaboration. And there isn't much opportunity to reign reign in what -- reign -- rain in by what is administrative rule making. That was an extraordinary education that I had over the course of that year, and I would encourage members of this body to understand that this is not a radical departure. We can already pass legislation to impact a regulation, and with that, I would urge the body to pass the resolution. Thank you, Mr. President.
Ben Chafin
Thank you, Senator. The the question is, shall s.J.R. 295 be agreed to? All in favor of the motion will record their vote aye; those opposed, no.
Bill Howell
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 21, no's 19.
[Unknown]
The resolution is agreed to.
[Unknown]
Senate joint resolution, proposing amendments to section 1 -- of the constitution of Virginia relating to the qualification of voters and executive clemency.
[Unknown]
The Senator from James city county, Senator Norment .
Tommy Norment
I respectfully ask that s.J.R. Be agreed to.
[Unknown]
The Senator has the floor.
Tommy Norment
Mr. President, I think that all of us in this body believe in redemption and grace, whether it's based on religious tenets or whether it's based on spirituality. One of the curious things about this bill -- excuse me, this resolution, at least from my perspective, has been what I refer to as a polarization. You have a conservative view as contrasted with a more liberal view. There are those that actually believe that convicted felons under no circumstances should have their rights restored. There are those that believe that convicted felons should have their rights restored with certain criteria. And then there are those that believe that convicted felons, whether they're violent or non violent, should have their rights restored without any stipulations or conditions whatsoever. Another curious discussion that has gone on, whether or not there should be accountability -- or the absence of accountability. And I suggest to you, Mr. President, that my personal view, as reflected in this resolution, that there needs to be some accountability, and that accountability involves the payment of fines, costs, restitution, and that any probation or parole has been satisfied, that is to be contrasted with less accountability. I remember when the subcommittee of privileges and elections heard the resolution, I was distressed at the number of individuals that came and testified before that sub committee that had no idea, no idea in the world, what the resolution said and candidly, I lay that at the feet of a particular organization that had brought those individuals in at a breakfast and had not explained what the resolution did. But there were those who said, from an accountability standpoint, hey, I did the time and I shouldn't have to do anything else regardless of what a judge or jury May have said, and I just respectfully disagree and then it seems also to be rather curious to me that this is broken down on a partisan line. And I do know that his ex less than sunny the governor has been chatting with some individuals, encouraging them to vote against this resolution. Actually, it May surprise you that I am a appreciative of the action that the governor took earlier in the year when he ill advisedly attempted to restore the rights of 200,000 convicted felons in one effort. And the reason I compliment him, and it's not criticizing him, although I did respectfully disagree with him, it really caused me to pause and think more thoroughly on this issue than I had ever done before. And ultimately as we all know, the case went to the Virginia supreme court, and they made their determination and there was a reaction from the governor to their decision. I suggest to you, Mr. President, as I did the other day, that this really is not as much of a partisan issue as some have suggested. In response to comments that were made, I did offer an amendment that took out the voter fraud situation and I did that after chatting with some of my colleagues where there has been minimal situations, where there's been voter fraud convictions in Virginia. But on the partisanship effort, as I shared with you, back in 2013, the Senator from Portsmouth introduced Senate joint resolution 266, and in Senate joint resolution 266, as the Senator from Roanoke had some comments about, well, there was no definition of violent felony as contrasted with non violent felony, the language in the resolution before you today absolutely reflected the language that was back in 2013, using the term violent felony. It also picked up the language that is included in this bill which calls for the payment of full restitution, fines and costs and fees. And that language was picked up as well from the bill that the Senator from Portsmouth introduced in 2013. And what is particularly curious to me, as it has devolved down to something of a partisan issue, and I will remind you that the current mayor of Norfolk voted in favor of that bill, Senator Barker, Senator Deeds, Senator Ebbin, Senator Edwards, Senator Favola, attorney general, Senator Howell , Senator Locke, Senator Lucas, Senator Marsden, Senator Marsh, congressman McEachin, then Senator Miller. Mr. President, you voted for it and perhaps that's how you got to be lieutenant governor. Senator Petersen, Senator Puckett. All incorporating this language on there. And I would say --
[Unknown]
Mr. President --
[Unknown]
I will not yield. And I say, Mr. President, I have been around here and been around the horn once or twice, and I understand how the worm can twist sometimes, but I just suggest to you that I 've tried to pick up many of those provisions that were in Senate joint resolution 266 and I would say to you, be mindful where we are in the process. This is the first year in a two-year process dealing with a constitutional amendment, and I think that there is a genuine opportunity for every member of this body, if we pass this resolution, you have the opportunity over the next year to really measure the sentiment of the citizens in your district to determine whether or not they want some increased accountability for the restoration of civil rights or whether they think that there should be no accountability. And if you look at it from the perspective of those convicted felons who are seeking to have their rights restored, think about it from their perspective. Right now it varies from governor to governor; there is no criteria by which it goes from administration to administration. And consequently, there is no consistent expectation on what I must do as a convicted felon to have my rights restored because there is nothing that is articulated as to what is required or expected of me. And I would suggest to you that that is almost a capricious situation, and for those of you that have been around for a few years, I would suggest that the approach of our current governor on the restoration of rights is probably fairly different and remarkably different than perhaps when governor george allen was here. And so I would say that there is an opportunity to establish some consistency so that if you are applying for your restoration of your rights, that you know what criteria will be considered and it will give each of you an opportunity to measure the sentiment of your citizenry before we come back and vote on this for a second year. So with that, I 'd be happy to yield.
[Unknown]
Thank you, Senator .
[Unknown]
Thank you, Mr. President. I would like to ask the gentleman, in 2013, on s.J.R. 266, is it not true that the republicans that you're now counting on to vote for your bill, voted against that bill?
[Unknown]
The Senator from James city
[Unknown]
Mr. President, I would county. Respond that it is true, and I 'm hopeful that I can be perhaps more persuasive than I was in 2013.
[Unknown]
And --
[Unknown]
The Senator from northern Fairfax County .
[Unknown]
I honestly don't know the answer to this question, but I would ask the gentleman, did he vote for that bill.
[Unknown]
The Senator from --
[Unknown]
I would say if I looked down here that I would see that my name is not in either place.
[Unknown]
The Senator from northern Fairfax. Thank you.
[Unknown]
I say, Mr. President, somewhat when I am -- that I have the vote in front of me -- oh, actually, actually, I did vote for it in 2013. I'm sorry I couldn't read it quick enough. So perhaps -- I would invite all of my friends who joined me in 2013 to continue to demonstrate their enlightenment and to support it once again.
[Unknown]
Thank you, Senator. The Senator from Augusta, Senator Hanger .
Emmett Hanger
Thank you, Mr. President. I'd like to speak to the bill.
[Unknown]
The Senator has the floor.
Emmett Hanger
Thank you, Mr. President. I'll be fairly brief but I feel compelled to speak to this resolution because I have -- I 'm actually listed as the chief co patron on this, having introduced the bill this year for something that would be comparable to this, but I would have to share that the bill that I introduced basically was patterned after a bill that I had supported several times when that former -- the former Senator from Norfolk, Senator Miller, had introduced a number of times and that I have voted for several times. When it came out of committee initially in the incorrect form, basically I said, whoops, I didn't mean to have my name on that one, but it -- Mr. President, Mr. President, it has been fixed. And I need to make sure my colleagues on both sides of the aisle understand that this resolution has been fixed, in my opinion. And let me share a little bit of my history with this. I came to the Senate somewhat naive, perhaps many of you would think that I didn't get over that, but I am here and have learned from the experience of working on this issue. I had a friend who wanted to have his rights restored, shortly after I was elected, so, I thought, well, no problem there, I 'll contact the governor, I know him. I'm a Senator now and I 'll see what we can do. Well, I found it interesting, having that taken care of. So I introduced a bill in 1997, a bill basically to -- a statute that would have allowed the legislature to make these decisions. Well, that didn't go anywhere. In fact, a couple of my colleagues said, why did you introduce such a bill be, republicans don't do that type of thing here. That was an actual comment that I heard after my bill was sound ly defeated. All right? So I came back after that, and -- with a study in 1999 I patroned a study which studied restoration of rights to felons. That study basically determined and recommended that we needed a constitutional amendment in order for the legislature to have a say in the restoration of these rights. So, okay, in 2000 then, I introduced a resolution comparable to what we have in front of us now that basically would have restored -- if it would have passed, that would have allowed the legislature to establish statutes to give the legislature itself some authority rather than having the constitution speak only to the authority that the governor had. That was defeated. Then the Senator from Norfolk, Senator Miller showed up, in 2001 I didn't have to do it anymore, she introduced that in 2001, 2002, and probably every year thereafter, until her un timely departure from the Senate. Initially, there was resistance, but after a time time, we've had changes, after a time, it began to take little bit little bit more hold on my side of the aisle, that side of the aisle, which is my side of the aisle most of the time. At any rate -- and so it began to pass. And it would go over to the other bodies, privileges and elections committee, and basically died without a hearing without a lot of input on that so Senator Miller of course left resolution. Senator Lucas, the one that has been referred to a lot, had a resolution in 2013 which, by that time, had gained a fairly significant amount of support. There were a few more on the other side of the aisle and my side of the aisle that did support it, so it went over to reach the same fate on the other side of the body. My concern this year, Mr. President, from a partisan perspective, not that my colleagues on either side of this aisle would be a party to killing this resolution, but that it might receive the same fate on the other side of the let me tell you why it's aisle. Important we pass this resolution and that we work with our colleagues on the other side of the aisle and get it on the ballot. When I referred to the governor in 1997, he was a republican. I will tell you that even though we have an exception to that rule right now, with the governor who has made this a high priority, in fact, even pushed the limit further than probably it should have gone, the courts have attested to that, most governors, be it republican or democrat, are not interested in this. Why? Most of them want to run for u.S. Senate. So they don't -- this is not a popular issue, whether you're republican or democrat. We have a governor now who is seemingly not interested in running for the u.S. Senate so he says, let's have at it and he's been very aggressive in this area. I say to the members of this body, Mr. President, that it is our responsibility and it is our fault that we have a governor now that has felt it responsible to do what he has done. We should authorize a constitutional amendment to give us authority. If we believe in restorative justice, which I do, we should provide a provision in our constitution which will allow us to put stat it's -- statutes in place to allow us to correct this problem we've created where we're not able to practice restorative jut or give -- forgive our fellow man for his errors and allow him to become a productive citizen. With that, I certainly hope the body on both sides of the aisle will support this resolution.
Yvonne Miller
Thank you, Senator. The Senator from Hampton. Senator Locke .
Mamie Locke
Thank you, Mr. President. I rise in opposition to Senate joint resolution 223. And with all due respect to the gentleman from James city county, this resolution does not create an automatic system for restoration of rights. There's nothing about it that makes a person's restoration of rights automatic because it requires a petition process to the governor, which is general assembly would dictate, and leaves criteria open to further legislation by the general assembly. The main purpose of Senate joint resolution 223 is to overturn the republican leadership's loss in the Virginia supreme court which has endorsed the governor 's current individualized process for restoring rights. It allows the general assembly to set the rules and regulations for when and how someone can apply to have their rights restored. It requires the governor to restore rights in certain cases, nonviolent felons who meet certain criteria to general assembly will set, it prevents the governors from restoring rights to any felons with violent offenses until long after they are out of prison and off parole or probation. This is a cynical, dishonest, and disingenuous proposal that the people of Virginia will sural reject. Over 60% of virginians have supported the governor's restoration of rights initiative we will not be going backwards on this issue that Mr. Glass let us know his purpose in putting forward, which is all that this resolution does. Finally, Mr. President, I am somewhat baffled as to why, in a democracy, which means government by the people, that we continue to create barriers to citizens participation in a basic process of that democracy, which is voting. It has taken centuries for this country to live up to the concept of "we the people" and become inclusive, yet this measure seeks to engage in voter suppression of the highest order we should reject this measure. And I 'm also somewhat baffled that, in 2013, with a Senate joint resolution 266 on this floor today since we were calling names, senators Black, Carrico, macdon't you go all, Obenshain, Newman, crazy and Stuart voted against Senate joint resolution 266, so what is it in this resolution that calls for their vote today? I submit to you it's partisan ra ncor. Thank you, Mr. President.
Yvonne Miller
Thank you, Senator. The junior Senator from Richmond city, Senator McClellan .
Jennifer McClellan
Thank you, recommend Mr. President. Speaking to the resolution?
[Unknown]
The Senator has the floor.
Jennifer McClellan
I rise in opposition to the resolution for a couple of reasons. If this resolution was like Senator Miller 's resolution, it established a legislative path for restoration of rights in addition to the governor's path, I 'd vote for it. And the difference between this resolution and the one introduced by Senator Lucas was, this resolution limits the criteria that the governor can adopt and enshrines that in the constitution by adding the words "where their conditions prescribed by law". With this resolution today, the general assembly can undo the progress we have made on making it easier to restore rights for nonviolent felons. Now, why is it so important and why the change between 2013 and 2016 on whether or not you have to pay fines, fees and court costs? Because the governor listened to the advocates and the practitioners who for years have been trying to help people restore their rights. And there are a lot of them in and if you look at whose rights my district. Were restored in the governor's order in April, the vast majority of them were in Richmond. A lot of them reached out to me over the years, and the biggest impediment to them getting their rights restored, violent or non violent, up until recently, was they can't pay all of the fines, court costs, restitution. And you have to look at what happens once you have the word felony slapped on you. We've had bills trying to deal with this, too. You can't get a job because many of the job applications on the cover ask you, have you been convicted of a felony. And for far too many virginians, when you check yes, your application goes in the trash. If you can't get a job, you're never going to pay your fines. And so we've had too many people convicted of something that happened 30, 40, 50 years ago, because of -- they did something stupid, admittedly wrong, and many of them will admit it, but they served their time and despite their best efforts, they haven't been able to pay those fines and court fees, and until this governor removes the requirement for them to pay those fines before they could get their rights restored, they couldn't get them restored. If this resolution passes, a general assembly next year, three years from now, five years from now, could prohibit any governor from ever doing that again. And that is why this resolution goes a little bit too far. Again, if it was just a path to say the governor can do it or the legislature can do it, I 'd vote for it in a minute. But that's not what this does. And I owe it to all of the people that live in my district, whether they can vote or not, to help them when they have a problem. And I cannot tell you how many of the calls have come in my office over the past 11 years have been people who have said, I served my time, I made a mistake, I served my time, but I want to become a productive member of society. And one thing stands in their way. Paying the court fine. And this enshrines that back in the constitution and makes -- opens the door, enshrines it in the constitution for a violent felony that the general assembly will define at some time in the future, and it opens the door to enshrine it in legislation down the road. For that reason, I can't vote for this and I ask you to vote no. Thank you.
[Unknown]
Thank you, Senator. The Senator from western Fairfax County, Senator morrison.
[Unknown]
It's hard to follow the junior Senator from Richmond, but I 'll try very briefly. What I can't get past, 1902, when Senator glass explained that, don't worry, we have taken care of -- and he didn't use these words, he used vile words -- that we have taken care of the african-american voting problem here in the commonwealth of Virginia. I don't know all the history, you know, what went on before or since, but it seems to me now what we're attempting to do is give back in stages what we took away all at once for the very worst reasons imaginable. I hope you vote against this resolution.
[Unknown]
Thank you, Senator. The Senator from Roanoke city, Senator Edwards .
John Edwards
Speaking against this ill thought out and ill drafted constitutional amendment.
[Unknown]
The Senator has the floor.
John Edwards
I hope I 'm being plain. Mr. President, it looks like the majority doesn't seem to like our constitution, given the fact there are so many proposed constitutional amendments to the constitution of Virginia, but the fact is, this particular concept of restoration of rights of clemency on the part of the chief executive has been in the constitution of Virginia going way back to the 19th century. Of course, in the federal system it's become particularly important in so many eras. George Washington, thomas jefferson, James -- john Adams, James Madison, andrew jackson, these are some, in the early part of our country, who used the power of the executive to grant par dozen and clemency at appropriate times that made it important to -- these chief executives found it important to use to preserve Peace and maintain progress. After the civil war, abraham lincoln and andrew Johnson used the executive powers to grant clemency to -- in fact, robert e. Lee and people who had rebelled against the union. So this concept of executive having broad authority over clemency of different forms, including restoration of powers, goes way back in our history. One of the many problems of this particular s.J.R. 223 is, it confuses the matter. Nothing is automatic about it. It takes away the authority of the governor without granting any clarity as to how you would seek a restoration. Presumably through a petition process, but it empowers the general assembly to set resolution and regulatio, no'sp
[Unknown]
Senate bill 1574.
[Unknown]
Senator, no's 2. Ayes 38, no's 2. The bill ns requesting restoration of rights what are those rules and we don't have them yet. Regulations? We'll have to come back and have legislative to deal with this. So it creates confusion, makes it more difficult for people to understand, nobody knows where it's going to go. I could go on with problems about this particular measure but I want to focus on one thing that the junior Senator from Richmond brought up and others had mentioned as well. And it is, I would call it the inequity to the indigent. We used to have a poll tax. That was wiped out by the supreme court. Before you could vote. Well, under this provision, you would have to pay your fines and costs and restitution and so forth before you could even apply to get a restoration of rights to vote. That's not unlike a poll tax. Now, the people we're talking about are probably by definition the reason they're in the indigent. Situation they're in, in part, and needing to have restoration of rights, is because they probably May not have a job or can't pay off their fines and their costs. Mr. President, what the governor did in his executive order was to grant restoration of rights without having to pay the fines and the costs and the restitution. Not that they would not be event ually paid, but the right to vote should not be contingent upon having to pay the fines. And yet that's what this measure would require, the payment of fines and so forth for people who are not in a position to pay them. Not that they wouldn't have to pay them eventually but that should not be a criteria for having a restoration of rights. To vote and be a citizen of this commonwealth and participate in the civic life and the political life of our country -- our commonwealth. So that's just one reason, Mr. President. I would hope that we say no to this ill conceived measure. We know why it was brought in. If you don't like the one govern, we've got -- every four years. Let's leave it the way it is right now in the constitution of Virginia. Let's reject the proposal.
[Unknown]
The Senator from Portsmouth, Senator Lucas .
Louise Lucas
Thank you, Mr. President. My name has been called so many times today, I feel compelled to say something. And I remember congressman Scott used to say everything that needs to be said has already been said, it's just that everybody hasn't said it, and what I 'd like to submit to you is that carter glass would have cosigned on to this measure in a heartbeat. I think most of us in here know that. I want to make this a little personal because even though we would all like to think that we have perfect families, we don't. All of us have somebody in our family or a relative or a friend who has been adversely affected because of something that they did early on in their lives. I wouldn't be telling the truth if I didn't say my two brothers might be two of those same people. My brother got his rights restored by this governor. And but for his sister, he wouldn't have been able to pay his fines. And I can say that I want to vote against this measure for that reason, for that reason alone. Even though there are places -- you'd always have to say, did you have a felony or whatever your crime has been. Fingerprints, if a person has a job, they're not able to keep the job. I can say from a personal point of view, I have two brothers who would have been adversely affected but for this governor and the restoration of rights. It's for that reason that I will be voting against this amendment
[Unknown]
Thank you, Senator. The Senator from James city county, Senator Norment .
Tommy Norment
Mr. President, if no one else desires to speak --
[Unknown]
You have the floor.
Tommy Norment
I was sitting here rather passive in the presentation of this and I 've got to say, I don't know whether I am more appalled at the comments from the Senator from Roanoke city than I am with the comments from the Senator for western Fairfax County. To invoke a comparison with a poll tax on this bill is inexcusable. Absolutely inexcusable. To hearken back to e. Carter glass in 1902 and to invoke that on this bill is equally inexcusable. It is amazing to me, as I said, I 've been here for a few years, and I have been beaten up on more than one occasion by a governor in Virginia when he was of my party and I disagreed with him, and I don't recall ever invoking some of the words that I take exception to today. Let me point out just a couple of things to you, and, you know, I listen as you tried to distinguish what you did in 2013 and I hate this word because we use it too frequently here in the general assembly, your explanations are transparent. They are transparent. Let me tell you this. Number one, the restoration of your rights does not mean you are not a convicted fell on. You are a convicted felon and you gotta check that box as long as it's on any employment application. If it's on there, you only have yourself rights restored; your felony is not expunged. Secondly, that barrier already exists. That barrier exists because you broke the law. You broke the law. And that's what creates the barrier, not any Senate joint resolution. You go in and you start talking about the payment of fines and costs. Talk about disrespect to the judiciary, that the decision of the court is, you are found guilty of a felony. You are ordered to pay fines and costs. You are ordered to pay restitution to that victim that you raped or you maimed or maliciously hurt. And to say that there is no accountability for that? Unbelievable. Unbelievable that there would be such a total disregard for the decisions that are made by an independent judiciary, and you know what? That judiciary does not impose that sentence, whether you are Black, white, red, purple, or green. Let me tell you about line 22 on what you voted for in 2013, except as specified by the general assembly. That is not a new element that has been introduced into this bill. I understand the comments that have been made from the other side of the I 'll. [ closed captioning will continue momentarily ] and I take great exception to some of the characterizations of it.
[Unknown]
Thank you, Senator. The senior Senator from Fairfax, Senator Saslaw .
Dick Saslaw
Mr. President, there's often a reason why people say what they say on the floor, and it's what they feel in their heart and how they interpret something. It's kind of hard to look at this ordeal with this topic, but the way, without thinking about carter glass, because he put this thing straight in -- he did this to keep the blacks from voting, no other reason. That was it. And he stated that when it put it into effect. That's what he did. Make no mistake about it. There's no getting around it. When you talk about this topic, it's kind of hard to talk about what its genesis was without bringing up that man's name. All that aside, 40 states, I believe, when you clear parole or probation, no whear what -- no matter what the felony is, there May be is distinction in some states between violent and nonviolent, I don't know, but it's 40 states. Your rights are restored. In fact, in two of the states, and I don't agree with this at all, I think it's vermont and maine, you can vote even while you're in prison., brings up the issue that I pointed out somebody, what's if you're going to be executed the week before an election. Can you send in an absentee ballot? I kind of doubt that. But anyway, you know, the point is 40 states don't require what we require. When you get out, you're out, and your right to vote is restored. Now, the Senator from James city county remarked about, you know, restitution to the victim. Well, suppose the victim is dead, you know, died. He was in prison 15, 20 years, whatever. The victim is deceased and maybe they don't have heirs or whatever. That wasn't specified in the Senate. Who are they going to make the restitution to? So you know, you've got that problem. You know, simply because, you know, we do it doesn't necessarily make it right, and you know, with respect to paying the fines and restitution, let's suppose one night I get in a car, go out, get a dui because in the process of having that dui I ran into a car, injured somebody, and as a result of various judgements, I owe them money. Well, that's between me and them simply because it wasn't a felony, though, I can vote. I don't care how much money I owe. I don't care what the fine was and whether I could pay it or not, I can vote. I could bes2ds fined 5,000, 10,0 and some action by the court, but as long as it's not called a felony or whatever, I can vote. I don't have to pay restitution in order to get my ability to vote again, and quite frankly, neither should these people, you know, when they get out. You know, to be honest with you, I think what governor mcauliffe did was right. I mean, I would have never thought about doing that, and I was somewhat surprised when he did it. But in receipt -- retrospect, I think he did the right thing. 40 other states are doing it. Somehow or the other, we always take pride in being the last to we're the only state where the do anything. Governor can't succeed himself. We were 46th in allowing for elected school boards. I got a phone call from the Washington post, saying that there were 41 states that had casino gambling. When would Virginia get it? I told that postreporter, the only question is, who is going to be 50th, us or utah. You know, and how many times being last is not -- it's not anything to be proud of. Mark warner, as you May have remembered, those of you who were here in 2004, raised the sales tax from 4 and a half to 5%. We were 47th in what we gave -- we were 48th in what we as a state gave local governments for public education, and there were people who were proud of that. I used to go to bed at night and say thank God for alabama and mississippi. Otherwise we would have been you know, we've got to get away dead last. From this, and we might want to consider joining 80% of the rest of the states in simply saying -- you know, I can understand if you want to make violent felons go through an extra hoop. I couldn't care. That's fine. I can live with that. But it seems to me if it's nonviolent, and look how many, by the way, are in for drug possession or selling marijuana or whatever, and they got a 2 or 3,000-dollar fine or a 5,000-dollar fine. You can bet it's going to be years after they get out before they ever are going to be able to vote. This is silly. So I would hope that you all would take a real good look, and I don't know whether it May be a poll tax or not. The net effect is the same, you know, and we know why -- by the way, we know why that poll tax was put into effect and so did the u.S. Supreme court. So anyway, I would hope that it would -- that this would not go any further than it's already gun.
[Unknown]
Thank you, Senator. The Senator from Roanoke County, Senator Suetterlein .
David Suetterlein
Thank you, Mr. President. I was also hoping this debate would not go on any further and was hoping the Senator from James city county was going to be able to close there, but because the senior Senator from Fairfax did rise to speak, I just wanted to address the shameful comments from the Senator from western Fairfax an, expect some students that don't actually understand our constitution to maybe claim, but this is something that was litigated in the press for the last year. Politifact, which is not a document that I go to all the time, but it came out, the then secretary of commonwealth, now mayor of this city of Richmond, kept invoking that this was a jim crow era law, this was a jim crow era provision in the our constitution that we're constitution. Currently under that came after the jim crow era, but still he might claim this was something that continued on just from 1902, but as politifact found, this was also in the 1864 constitution, the 1850 constitution and the 1830 constitution. And now I don't endorse everything that was in those constitutions, but we know what was happening in 1830, and they were not allowing african americans to vote, period, regardless of their felony status. This was something that the commonwealth adopted in 1830 to prevent folks that had committed a felony of any sort from voting. It was a law and order provision. That is what it was. There have been other shameful things done by the commonwealth, but it's shameful to inject that into the comments today. And with that, I hope that we'll pass this. When this bill came up in 2013, I recommended a yes vote. Thank you.
[Unknown]
Thank you, Senator. The question is, shall sjr 223 be agreed to. I'm sorry. The senior Senator from --.
David Suetterlein
Mr. President, I just wanted to thank the Senator from Roanoke County for making even a stronger case on why this should be defeated.
Bill Howell
Thank you, Senator. The question is shall sjr 223 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 senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 21, nos 19.
[Unknown]
Ayes 21, nos 19. The resolution is agreed to.
[Unknown]
Senate joint resolution 231, proposing an amendment to section 6 of article 2 of the constitution of Virginia, relating to apportionment, Virginia redistricting commission, criteria for legislative and congressional districts.
[Unknown]
The Senator from Augusta, Senator Hanger. The Senator from Augusta, Senator Hanger .
[Unknown]
Thank you, Mr. President. I move the resolution pass and would like to speak to that.
[Unknown]
Senator has the floor.
[Unknown]
Thank you, Mr. President, members of the Senate. Sjr 231 is a consolidation of several resolutions that were worked on in the privileges and elections committee, and I would like to thank the Senator from southern Chesapeake for his work in putting this together, also the Senator from Bath, the senior Senator from Richmond, the Senator from southern Fairfax, and I believe there might have been another Senator from Accomack who also had their bills rolled into this. Mr. President, and members of the Senate, what this resolution does is create a commission to basically present a plan or prepare a plan for redistricting. It also includes some of the other provisions that would have -- I think some of the groundwork was being laid in a resolution that we previously passed by the Senator from Fauquier and the Senator from Fairfax, Senator Howell, that have addressed some of the reforms that we want to see and how reprepare these redistricting plans. Mr. President, I won't labor this this long, because this is one of those issues that is politically charged and has over the years been something that neither body wanted to face Head but I would suggest, on. Mr. President, it is an issue that our constituents want us to address Head on rather than the current system which basically allows us, sometimes encourages us to protect our districts as if they were our own. Mr. President, this establishment of this commission will basically say to the people of the commonwealth that we recognize that it is not our district, it is our honor for a time to represent our communities, and when we tear our communities apart so that we can have more favorable treatment on election day, that is not representing appropriately the interests of our community. Mr. President, in short what this does, it doesn't stack the commission with uninterested people. Basically it allows that there would be a seven member commission, that two members of the Senate and two members of the -- that being the Senate pro-tem and the majority leader and also the -- they would select or designate two people or themselves. The House of delegates would also have that same opportunity with the speaker and the minority leader over there to either themselves or their designees, and then three members that are listed that would be independent members that are listed in the resolution itself. Mr. President, I hope it would be the pleasure of the Senate to adopt this resolution.
Bill Howell
Thank you, Senator. The question is, shall sjr 231 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 senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 33, nos 7.
[Unknown]
Ayes 33, nos 7. The resolution is agreed to.
[Unknown]
Senate joint resolution 300, confirming various appointments by the Senate committee on rules.
[Unknown]
The Senator from Bedford, Senator Newman .
Steve Newman
Mr. President, I move the resolution be agreed to, and speaking to that motion.
[Unknown]
Senator has the floor.
Steve Newman
Mr. President, this is a fairly straight forward resolution to put into place, members of the tobacco commission. The reason why it's on the contested calendar is the Senator from Grayson, Russell, Mecklenburg, Franklin and Hanover wanted to abstain. The question is, shall sjr 300
Bill Howell
Thank you, sir. 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 senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 35, nos 0, rule 36-5.
[Unknown]
The resolution is agreed to.
[Unknown]
Uncontested calendar, Senate resolution on third reading. Senate resolution 105, confirming a nomination to the Senate ethics advisory panel.
[Unknown]
The Senator from Hanover, Senator McDougle .
Ryan McDougle
Thank you, Mr. President. I move the resolution pass, and now I 'd like to present my half hour sew soliloquy. Mr. President, this is appointing former Senator quail to the Senate ethics advisory commission.
Bill Howell
Thank you, Senator. The question is, shall s.R. 105 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.
Ryan McDougle
Ayes 40, nos 0.
[Unknown]
The resolution is agreed to. We have two bills. Senator, are you prepared? All right. We'll return to Page 12 of the calendar. Senate bill 1283, the Senator from Rockingham, Senator Obenshain .
Mark Obenshain
Mr. President, I move that the bill pass. Speaking to the bill.
[Unknown]
The Senator has the floor.
Mark Obenshain
Mr. President, members of the Senate, I told the committee on education and health that contrary to conventional belief around here, I actually do listen to my colleagues, and I have for years engaged in what some have characterized as a testament to my insanity. I have been campaigning for and engaging in an effort to secure an amendment to the constitution to give a leg up and jump-start to charter schools in the commonwealth. I've heard a number of expressions of opposition to that, and I 've listened. I think that what you find before you is a measured and very limited response. Many of those who have told me in recent years that they were opposing the constitutional amendment expressed great support for the concept of charter schools. I believed that they have great opportunity to drop a lifeline to kids in failing school descritions around the commonwealth. Tapping local resources that our government is spending to educate kids in our existing schools. And no. 2, they want to make sure that also we avoid pulling kids out of small public schools systems. And no. 3, they want to make sure that there is local input and a local voice in the determination as to whether they're going to be charter schooled developed in the commonwealth of Virginia. And Mr. President, members of the Senate, what this bill does is it establishes that the authority is vested in the state board of education pursuant to the constitution of Virginia to create charter school districts in Virginia. The state board of education has the expressed authority and responsibility from time to time to establish school districts across the commonwealth of Virginia, and this provides that they have the authority and the responsibility also of considering requests to establish charter school districts in the commonwealth of Virginia, and these charter school districts are going to be -- they are geographically confined, and they are limited to certain school divisions. No. 1, that have -- the only counties, the only jurisdictions, the only localities that would be eligible to be placed in a charter school district are school divisions with more than 3,000 students, no. 1. So it's not the entire district. It's the locality that has to have more than 3,000 students in it in order to be placed in, and no. 2, the locality to be eligible to be placed in it has to have schools that have failed to achieve accreditation. And under these criteria, there are only school divisions in Virginia that would even be eligible for inclusion in a charter school district. What I 'm here to tell you is that these are the school divisions where our kids in Virginia need that lifeline the most. They are the school divisions where we are just failing to act like a commonwealth. You know, I am fortunate to live in a school division in a jurisdiction that has a school division that does a pretty good job of educating the kids of our area. I've heard over the years repeatedly about the great job that school divisions like Fairfax do, fourth best in the nation, as I understand. They've got the no. 1 public school in america in it, and we don't want to mess with that. We don't want to mess with that. But I 'm here to tell you, I believe that it is a moral failing of us in Virginia if we simply say, because I 'm doing a good job in my school division, we're not going to drop that lifeline to these kids in school divisions in other areas of the state, and what this does is it gives us that opportunity. It does not require that to happen. It does not require that to happen. It establishes local charter school divisions that have local people on them. It even allows for and provides for the local governing bodies of school divisions in the charter school district to appoint members of that charter school board. So Mr. President, this is not a broad statewide bill that is going to throw open the doors to charter schools all over the commonwealth of Virginia. What it is is it is that lifeline to kids in a handful of school divisions where we have a moral obligation to do something to help them. It's not going to do a whole lot. I regret to say for the kids of the school division that I represent, but I 'm not here just representing them. I think we have an obligation to represent a broader constituency in Virginia. So Mr. President, I would hope thrat members -- that the members of this body would accept that responsibility and drop this lifeline to families and children across the commonwealth of Virginia .
[Unknown]
Thank you, Senator. The Senator from Arlington, Senator Favola .
Barbara Favola
Thank you, Mr. President. I would ask if the Senator from Rockingham would yield for a question.
[Unknown]
Would the Senator yield?
Barbara Favola
I do.
[Unknown]
He yields, Senator .
[Unknown]
Thank you, Mr. President. I am reading, I guess, lines 294 to lines 305, and you make it clear when there will be a state transfer of dollars and when there will be a federal transfer of dollars, but taken together, if you do this on a per pupil basis, you still won't have enough funds to actually start the school and hire a principal and all the teachers, so again, where would the funding -- how would the funding gap be filled under your bill?
[Unknown]
The near from -- the Senator from Rockingham .
[Unknown]
Mr. President, I thank the gentle lady for the question. What I would say, if it doesn't make economic sense, they're not going to be able to get it off the ground. But what we have a is funding formula that is not going to take the funds from Arlington County. It takes the federal funds and the state funds that are allocatable to any child that has moved into the charter school division without touching the local funds. The local school division, if it chose to, could allocate money, but this absolutely prevents any requirement that the local school divisional owe indicate the -- division other other allocate the funds. The local school retains more money per child in the traditional public schools under this system than they have now, and it provides an opportunity, and what I told the gentle lady, Mr. President, when you look at charter schools around the country, some of them do a very good job. Some of them don't. It's important in the body of this bill that we have a decertification provision that's very aggressive. But we also have seen that they are very innovative in their funding and financing they've been able in places like arrangements. Florida to tap private sector funds that are raised through traditional investment means. Andre agassi has put together a huge -- and I put that term inadviseably, but a rather substantial fund for the construction and modification of charter school capital facilities, and they have been able to do that at a much reduced level and much less expensively than a lot of the traditional public schools. So Mr. President, I think that we're going to be able to tap the innovative abilities of the organizers of these charter schools to do this.
[Unknown]
The Senator from Arlington .
[Unknown]
Thank you, Mr. President. Well, I do thank the Senator for coming up with yet another creative approach to the charter school issue, and I know that you're putting a lot of thought into this, but I still have to go back to the fact that the charter schools that have succeeded in the commonwealth, actually half of them are located in Loudoun, and one of the reasons they've succeeded is there has been local control and local accountability, as well as local money. So either the students in the charter schools are expected to meet certain academic outcomes and the school board has held these charter schools accountable. So I think if you have any prayer of getting charter schools kicked off the ground, I suppose in a more robust way than we currently have, we've got to go back to the local government, the local control, and have a lot more buy-in, I think, from the local school board level. I am very cautious about this. In fact, I would ask the body to vote against it because of this regional overlay, which I think is not helpful, and at the end of the day, we really do have to make sure that our education dollars are making a difference in the lives of these kids and that our children are succeeding, and that only happens when you can have a strong line of accountability. So I ask the ladies and gentlemen of the Senate, with due respect to the patron, to vote against this bill.
[Unknown]
Thank you, Senator. The Senator from Augusta, Senator Hanger .
Emmett Hanger
Thank you, Mr. President. As many of the members are aware in the past, I 've historically resisted a constitutional amendment on this in the Senate, and I 'm struggling this year as well. Mr. President, the concern, of course, that I share, one of the primary concerns -- although I think the concept of charter schools is a good one. And I 'm particularly torn on this issue, because I have my good friend in the good valley, Rockingham, who has worked on this diligently for some good reasons, because there are some positive things that can be accomplished through the charter schools. At this point, though, Mr. Chairman, I 'd say I 'm still basically in the corner of opposing it for one primary reason, and that being the fact that it would remove the ability for local governments to have their say, for local school boards, local governments. That was the essence of the constitutional amendment from last year, and it's the problem that I see here. Mr. President, basically where I 'm at with this, I feel that we all support our public schools, and we should continue to focus on making those public schools the best in the nation if we can do that. To do that, we need to have the resources available to do that, and one of the concerns I have is dilution of that resource. The other issue for me is, one of the reasons charter schools can be successful is we basically by that charter allow them to change the rules. I would suggest that we look at changing some of the rules for our public schools so that they can have more flexibility, put the creativity back in the classrooms so the teacher has more authority and autonomy. Don't set up roadblocks for students in math so they have to arbitrarily be 100% in algebra when they really don't have that in their makeup. We basically cause schools to fail by setting up roadblocks and hurdles that are inappropriate for them. Mr. President, I would suggest that we can reexamine where we want to go with our public schools and recognizing that charter schools have some positives, but at this point in time, unless the members on this side of the aisle decide to talk to -- too long about this issue, it would be my decision to vote against it.
[Unknown]
Thank you, Senator. The senior Senator from Fairfax, Senator Saslaw .
Dick Saslaw
Let me just say Senator Hanger nailed. It one of the problems in the public schools is we do need to give them a lot more flexibility, you know, in the way and manner these courses and this subject is taught. I hear that time and time from teachers. From a financial standpoint, you've got a jurisdiction in your district that is a .2 on the index. You're going to get clobbered by this provision. My recommendation is that you vote no if that's the case.
[Unknown]
Thank you, Senator. The Senator from Rockingham .
Dick Saslaw
Mr. President, just speaking very briefly to this. The problem with the comments and the notions offered by the Senator from -- senior Senator from Fairfax and my friend from Augusta County is we're talking about a battleship, and it don't turn on a dime. We've been looking at educational innovation for an awfully long time, and this is an opportunity to turn the educational battleship in these failing school divisions on a dime, because if we don't, we're going to go another generation without helping these kids, and Mr. President, members of the Senate, you know, this is a pale shadow of what we initially sought to do by introducing charter schools across the commonwealth of Virginia, but with respect to the comments, the lady from Arlington, gentle lady from Arlington, Loudoun County is truly one of the few counties in Virginia that has really embraced the notion of charter schools, and I salute them and applaud them for that. If we had jurisdictions across Virginia that were inviting charter schools in and bringing educational innovation into their counties, particularly counties, not the richest county in america, but in counties that are among the poorest in the commonwealth of Virginia, then maybe this wouldn't be necessary to create this opportunity for these children. You know, for a number of years we had robust debate in here in which the Senator from Henrico County would stand up and recite his opposition to this bill and this amendment by saying, you know, I think it's immoral to have charter schools, because in Washington d.C. And other jurisdictions where we have charter schools, we've got to actually pick kids and families by lottery, and it's just not fair for them to be subjected to the laws of probability and chance in trying to decide who gets to get in to these schools. Well, I studied economics and never once had I ever heard that the way to solve too much demand is cut off all supply. Sma is the answer in countries unlike ours. That is not the solution here. We've got families in places where charter schools are being offered that are beating the doors down. Virginia beach, Virginia beach had a charter school that was opened. Actually they divided a school in half and opponents of that charter school said, nobody wants to go to school there, and no teachers want to teach there. It's as simple as that, so don't even bother trying to get it off the ground. You know what happened? Families lined up, and there was a waiting list to get in there, and there was somewhere over 20e teachers who applied for an opportunity to teach at that charter school, because they wanted what the Senator from Augusta and senior Senator from Fairfax County suggested that teachers all over Virginia want. They want to be unshackled. They want to be freed to teach. They want to be freed to be creative. That is what charter schools offer. That is the opportunity that we have to offer to these kids in these jurisdictions. So it would be my hope, Mr. President, that the members of the Senate would offer this small ray of hope to these handful of communities in Virginia that really need our help.
Bill Howell
Thank you, Senator. The question is, shall Senate bill 1283 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 21, nos 19.
[Unknown]
Ayes 21, nos 19. The bill passes. Moving ford to -- moving forward to Page 31, Senate bill 1130, the Senator from Mecklenburg, some Ruff .
[Unknown]
Thank you, Mr. President, I once again move that the bill pass. This bill relates only to the definition of small business. It does not relate to women-owned businesses. It does not relate to minority-owned businesses. It does not relate to veteran-owned businesses. It sets into motion after due consideration realignment of how Virginia 's definition after small business based on the type of business rather than the size -- rather than one size fits all. The current definition has not changed in decades. Considering inflation, $10 million is not what it was worth a few years ago.
Bill Howell
Thank you, Senator. The question is, shall Senate bill 1130 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 32, nos 8.
[Unknown]
Ayes 32, nos 8. The bill passes. The Senator from James city county, Senator Norment .
Tommy Norment
Mr. President, inquiry of the clerk. Does that mercifully complete today's calendar?
[Unknown]
Yes, sir.
Tommy Norment
Mr. President.
[Unknown]
Senator from James city county.
[Unknown]
Mr. President, even though we have had a rather spirited and passionate discussion on some of the legislation today, I just wanted to extend my appreciation to the body. It is 3:35. It is crossover day, and by quarter till 4, we will be on our way, so thanks everyone very much for your assistance in expediting and moving the calendar long.
[Unknown]
Thank you, Senator. Is there any other business? The Senator from Alexandria .
[Unknown]
Could we move briefly to the morning hour for announcement.
[Unknown]
The Senator has the floor.
[Unknown]
Thank you. Today we had more than 250 lgbt advocates attending the quality of Virginia day of action, whom I assume we all missed here because we're here. But they're having a reception tonight at the library of Virginia between 5:30 and 7:30, and I offered to remind the body that we're all invited. That's 5:30 to 7:30 at the library.
[Unknown]
Thank you.
[Unknown]
Thank you, Senator. The senior Senator from Virginia beach, Senator Wagner .
Frank Wagner
Mr. President, inquiry of the clerk. How many shopping days until Valentine 's day?
[Unknown]
I haven't had time to count, but I 'll let you know tomorrow.
Frank Wagner
The clerk will please report any announcements on the desk.
[Unknown]
Today, Tuesday, February 7th, the committee on local government will not meet. The committee on privileges and elections will not meet. The education and health subcommittee on health will meet at 4 p.M., third floor east conference room, senators Cosgrove, Black, Barker, Lewis and Suetterlein. Tomorrow Wednesday, February 8th, the women's legislative roundtable 11:30 a.M. East conference room. Committee on finance 9 a.M. Senate room b. Democratic caucus 11 a.M. Democratic caucus at 11 a.M. In Senate room one. This is a time change. The republican caucus will meet at 11:30 a.M. In Senate room 2.
[Unknown]
Thank you, madam clerk. The Senator from Bedford, Senator Newman .
Steve Newman
Mr. President, I move that the Senate do now adjourn until 12 noon tomorrow.
[Unknown]
Thank you, Senator. The question is shall the Senate stand adjourned until 12 noon tomorrow? Say aye. As many as favor that motion, those opposed, no. The ayes have it. Senate stands adjourned until captioning provided by caption associates, llc www.Captionassociates.Com captioning provided by caption associates, llc www.Captionassociates.Com