02/20/2017 Senate Proceedings

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Index

Sen. Tommy Norment (R-Williamsburg)—05:07
Sen. Mark Obenshain (R-Harrisonburg)—00:00
Sen. Siobhan Dunnavant (R-Henrico)—01:17
Sen. Chap Petersen (D-Fairfax)—00:02
Sen. Barbara Favola (D-Arlington)—00:00
Sen. Mark Obenshain (R-Harrisonburg)—00:00
Sen. Steve Newman (R-Forest)—00:00
Sen. Ryan McDougle (R-Mechanicsville)—00:00
Sen. Mark Obenshain (R-Harrisonburg)—00:00
Sen. Ben Chafin (R-Lebanon)—00:00
Sen. Steve Newman (R-Forest)—00:02
Sen. Ben Chafin (R-Lebanon)—00:00
Sen. Scott Surovell (D-Mount Vernon)—02:39
Sen. Mark Obenshain (R-Harrisonburg)—00:00
Sen. Steve Newman (R-Forest)—00:50
Sen. Barbara Favola (D-Arlington)—00:00
Sen. Mark Obenshain (R-Harrisonburg)—01:57
Sen. Steve Newman (R-Forest)—00:00
Sen. Mark Obenshain (R-Harrisonburg)—00:00
Sen. Steve Newman (R-Forest)—00:26
Sen. Mark Obenshain (R-Harrisonburg)—00:46
Sen. Frank Wagner (R-Virginia Beach)—00:00
Sen. Steve Newman (R-Forest)—00:02
Sen. Mark Obenshain (R-Harrisonburg)—00:00
Sen. Frank Wagner (R-Virginia Beach)—00:00
Sen. Tommy Norment (R-Williamsburg)—00:00
Sen. Frank Wagner (R-Virginia Beach)—00:00
Sen. Mark Obenshain (R-Harrisonburg)—00:00
Sen. Steve Newman (R-Forest)—01:46
Sen. Adam Ebbin (D-Alexandria)—00:00
Sen. Mark Obenshain (R-Harrisonburg)—00:00
Sen. Steve Newman (R-Forest)—03:34
Sen. Tommy Norment (R-Williamsburg)—00:02
Sen. Mark Obenshain (R-Harrisonburg)—00:00
Sen. Scott Surovell (D-Mount Vernon)—00:00
Sen. Mark Obenshain (R-Harrisonburg)—01:34
Sen. Scott Surovell (D-Mount Vernon)—00:14
Sen. Jill Holtzman Vogel (R-Winchester)—01:24
Sen. Mark Obenshain (R-Harrisonburg)—00:02
Sen. Emmett Hanger (R-Mount Solon)—00:00
Sen. Bill Stanley (R-Moneta)—00:00
Sen. Ryan McDougle (R-Mechanicsville)—00:00
Sen. Steve Newman (R-Forest)—01:48
Sen. Mark Obenshain (R-Harrisonburg)—00:19
Sen. Scott Surovell (D-Mount Vernon)—00:05
Sen. Mark Obenshain (R-Harrisonburg)—00:02
Sen. Scott Surovell (D-Mount Vernon)—00:02
Sen. Mark Obenshain (R-Harrisonburg)—00:03
Sen. Chap Petersen (D-Fairfax)—00:00
Sen. Ben Chafin (R-Lebanon)—00:00
Sen. Mark Obenshain (R-Harrisonburg)—00:03
Sen. Chap Petersen (D-Fairfax)—00:00
Sen. Mark Obenshain (R-Harrisonburg)—06:00
Sen. Steve Newman (R-Forest)—00:00
Sen. Mark Obenshain (R-Harrisonburg)—00:00
Sen. Steve Newman (R-Forest)—08:14
Sen. Mark Obenshain (R-Harrisonburg)—00:02
Sen. Steve Newman (R-Forest)—08:19
Sen. Tommy Norment (R-Williamsburg)—00:56
Sen. Steve Newman (R-Forest)—00:00
Sen. Scott Surovell (D-Mount Vernon)—00:26
Sen. Chap Petersen (D-Fairfax)—00:00
Sen. Jill Holtzman Vogel (R-Winchester)—00:00
Sen. Chap Petersen (D-Fairfax)—00:00
Sen. Dave Marsden (D-Burke)—00:02
Sen. Siobhan Dunnavant (R-Henrico)—00:00
Sen. Tommy Norment (R-Williamsburg)—06:17
Sen. Steve Newman (R-Forest)—00:00
Sen. Tommy Norment (R-Williamsburg)—00:02
Sen. Steve Newman (R-Forest)—00:00
Sen. Steve Newman (R-Forest)—01:07
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Minutes

Called to order at 11:00 a.m. by Lt. Governor Ralph S. Northam

Prayer offered by The Reverend Carlotta B. Cochran, St. Thomas
Episcopal Church, Chesapeake, Virginia

ROLL CALL OF MEMBERS: quorum present

Motion of Senator Cosgrove dispensed with reading of Journal (36?Y
4?N)

COMMUNICATION FROM HOUSE (HN10217): reading waived (36?Y 3?N)

The House of Delegates has passed with amendments the following
Senate bills: SB 1245, 1287

The House of Delegates has passed with substitutes the following
Senate bills: SB 852, 898, 1005, 1129, 1195, 1196, 1398, 1462, 1493

The House of Delegates has insisted on its amendments and has
requested a committee of conference on the following Senate bill: SB 1553

The House of Delegates has rejected the amendments proposed by the
Senate to the following House bills: HB 2064, 2386, 2467

The House of Delegates has rejected the substitute proposed by the
Senate to the following House bill: HB 2051

The House of Delegates has insisted on its substitute and has
requested a committee of conference on the following Senate joint resolution:
SJ 284

The House of Delegates has agreed to the following House joint
resolutions: HJ 825, 826, 907, 908, 909, 913, 914, 915, 916, 917, 918, 919,
920, 921, 922, 923, 924, 925, 926, 927, 928, 929, 930, 931, 932, 933, 934, 935,
936, 937, 938, 939, 940, 941, 942, 943, 944, 945, 946, 947, 948, 949, 950, 951,
953, 954, 955, 956, 957, 958, 959, 960, 961, 962, 963, 964, 966, 969, 970, 971,
972, 973, 974, 975, 976

The House of Delegates has passed the following Senate bills: SB
866, 906, 968, 990, 991, 1074, 1098, 1100, 1136, 1143, 1158, 1159, 1201, 1231,
1255, 1258, 1293, 1414, 1425, 1431, 1473, 1530, 1535, 1538, 1586

The House of Delegates has agreed to the amendments proposed by the
Senate to the following House bills: HB 2240, 2338

The House of Delegates has agreed to the following Senate joint
resolutions: SJ 347, 358, 360, 361, 362, 363, 364, 365, 366, 370, 371, 372,
373, 374, 375, 376, 377, 378, 379, 381

Senate bills with House amendments and substitutes placed on
Calendar

House joint resolutions laid on Clerks Desk: see February 21
Senate Calendar

On motion of Senator Norment, the Senate recessed at 11:20 a.m. to
reconvene at 11:25 a.m.

The Senate reconvened at 11:25 a.m.

CALENDAR

UNFINISHED BUSINESS - HOUSE

HB1534 - Senate insisted on substitute and requested committee of
conference (40-Y 0-N)

HB1854 - Senate insisted on amendment and requested committee of
conference (40-Y 0-N)

HB1926 - Senate insisted on amendment and requested committee of
conference (38-Y 0-N 2-A)

HB2024 - Senate insisted on substitute and requested committee of
conference (40-Y 0-N)

Transcript

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

[Unknown]
The Senate will come to order. The senators will please take their seats. Those persons not entitled to the privileges of the floor will retire to the gallery. The senators and all in attendance will stand and be led in prayer by the Reverend carlotta b. Cochran, st. Thomas episcopal church, Chesapeake .
[Unknown]
Reverend cochran, welcome.
[Unknown]
Almighty God who has given us this good land for our heritage. We humbly prove ourselves mindful of your favor and glad to do your will. Bless our land it honorable industry, sound learning and pure manners. Save us from violence, discord and confusion. From pride and arrogance and from every evil way. Defend our liberties and fashion into one united people the peoples of this great commonwealth brought here out of many kindred in tongues. Endure with the spirit of wisdom those to whom in your name we entrust the authority of government especially donald our president, terry our governor, and this assembled body that there May be justice and Peace at home and that through obedience to your righteous lou we May show forth your praise to all peoples. In the time of prosperity, fill our hearts with thankfulness and in the day of trouble do not let our trust in your great goodness fail. All these things we ask through our gracious and loving God who wind binds us together as one. Amen.
Bill Howell
The clerk will call the roll, all those present will please vote aye. The clerk will close the roll.
[Unknown]
You have a quorum, Mr. President. Senate journal for Friday, February 17, 2017.
Bill Howell
The senior Senator from Chesapeake moves the reading of the journal be waived. All in favor of waiving the reading of the journal please vote aye, 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 4.
[Unknown]
Ayes 36, nos 4. The reading of the journal is waived. The clerk will report any communications from the House of delegates. The Senator from James city cou.
[Unknown]
Good morning, Mr. President. I would respectfully move that we waive the reading of any communications from the House of delegates.
Bill Howell
Thank you, Senator. The question is shall the reading of the communications from the House of delegates be waived. All in favor of the motion will record their votes aye, those opposed no. Are the senators ready to vote? Have all the senators voted? Do any senators desire to change their vote? The clerk will close the roll.
[Unknown]
Ayes 36, nos 3.
[Unknown]
Ayes 36, nos 3. 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. The Senator from James city county, Senator Norment .
Tommy Norment
Thank you for your thoughtfulness, Mr. President if we could start the announcements but we May need to stop pending the arrival of a very important person in the process, Mr. President. She is not here yet.
[Unknown]
Thank you. [no audio]
Tommy Norment
The time has come to recognize visitors to the gallery and take up other matters for the morning hour. The senior Senator from Richmond, Senator Sturtevant .
Glen Sturtevant
Mr. President, I rise for an introduction.
Bill Howell
The gentleman has the floor.
Glen Sturtevant
Joining us in the gallery today are very good friends of mine, they are constituents of Senator Dunnavant but one is a coworker of mine and the other is her daughter joining us, Mr. President are corrine and hannah silverman. Corrine is a phenomenal attorney here in the Richmond area and her daughter hannah is a student at the steward school in Henrico and they are spending president's day here with us at the capitol and I hope we would offer them the warm welcome of the Senate .
[Unknown]
Thank you. With corrine and hannah silverman please rise. Thank you so much for visiting us this morning. As you might imagine there is is a tremendous amount of history here in Mr. Jefferson's capitol. I would ask the members of the Senate to join me in welcoming the warm welcome of the Senate. [applause]
[Unknown]
The Senator from northern Fairfax County, Senator howe.
Janet Howell
I rise for an introduction.
Bill Howell
The gentleman has the floor.
Janet Howell
L. Mr. President, there are over 80,000 girl scouts in the commonwealth of Virginia and a number are visiting us today to celebrate a very important milestone. It is the 100th year the girl scouts have been selling cookies. It all started in 1917 when one troop in muskogee, oklahoma decided to fund their own troop activities and started a bake sale selling cookies. Since then, millions of girl scouts participate and learn important skills from the cookie program. They learn entrepreneurial skills such as goal setting, decision-making, money management, people skills and business ethics. Girl scout cookie program has evolved into the largest entrepreneurial training program for girls in the world. And, of course, the proceeds just like way back 100 years ago, help to support the activities of the girl scouts. Hope you will give them a big congratulations on 100 years of cookies.
[Unknown]
Would the girl scouts of america please rise. Thank you all so much for joining us in morning and thanks for all of the great things that you do for the community as girl scouts and as leaders and future leaders of our commonwealth and our great country. And congratulations on a hundred years and I have been around for over half of thosea hundred years and if you have an extra box of cookies. The thin mints is what I would [laughter] like.
[Unknown]
We appreciate you being here and we hope you have a -- there they go. [laughter]
[Unknown]
We hope you have a wonderful visit today in in jefferson's capitol. I would ask the members to join me in offering members of the girl scouts of america the warm welcome of the Senate. [applause]
[Unknown]
The Senator from James city county, Senator Norment .
Tommy Norment
Mr. President, are you going to share your cookies?
[Unknown]
Absolutely.
Tommy Norment
Okay. With that, Mr. President I would ask that the Senate now stand in recess for five minutes.
[Unknown]
The Senate will stand in recess for five minutes. The Senator from Rockingham ?
[Unknown]
Mr. President, I would ask that the courts of justice committee convene here at my desk for a brief meeting immediately.
[Unknown]
Thank you, Senator. The Senate will stand in recess. [Senate in recess]
[Unknown]
The Senate will come to order. The Senator from -- the senior Senator from Chesapeake, Senator Cosgrove .
[Unknown]
I rise for an introduction.
[Unknown]
The Senator has the floor.
[Unknown]
We have the presence today of Reverend cochran. She is a valuable staple to the faith community in the city of Chesapeake. She is also a graduate of Virginia wesleyan college and with her is her husband thomas and daughter lane that. If you could offer the warm welcome of the Senate, I would appreciate it.
[Unknown]
Senator, I think she has left but I agree she gave us a wonderful message and got us off to a good start and I suspect she might have had to get back to Chesapeake. I would ask the Senate to join me in offering the welcome to the Reverend cochran. [applause]
[Unknown]
The Senator from Petersburg, Senator Dance .
Roz Dance
Thank you, Mr. President. I rice for two introductions.
[Unknown]
The Senator has the floor.
Roz Dance
In the gallery today, are three individuals that have worked in my office as interns throughout the 2017 general assembly session. I interest truly been blessed, Mr. President to have them on the Dance team. Returning from last year was Ms. A senior at Virginia commonwealth university where she is majoring in political science and minoring in general business. She is very interested in researching reelection reform and plans to attend graduate school in the near future. Ms. Maliak zahn a senior at Virginia commonwealth university and majoring in political science with a concentration in international relations and a minor in public management. And holding up the fort with those two lovely ladies is Mr. Nick powell and he is a senior at Virginia commonwealth university where he is a double major in public policy and english. He is looking forward to a career in marketing and copyrighting. And Mr. President they have done an awesome job and I wanted this emto have a day to come over to the gallery and see where all of their hard work ends. Hopefully begins. [laughter]
[Unknown]
So, Mr. President, would you please give them the warm welcome of the Senate .
[Unknown]
Thank you, Senator. Would paige horn, nick powell and malika zahn please rice. Rise. Thank you for visiting us in the gallery and for the work you have done for Senator Dance. I know she appreciates all your efforts in helping to move things forward and keep the train running on time here in the general assembly. We wish you all the best. I ask the members to join me in offering members from the Dance team the warm welcome of the Senate. [applause]
[Unknown]
The Senator from Petersburg .
[Unknown]
Thank you, Mr. President. Today in the gallery we also are joined by players from the Dinwiddie darlings softball team. The Dinwiddie angels softball team and nationals coach pitch all-stars baseball team. We are, indeed, in the presence of champions. In July of 2016, all three teams won state championships after going undefeated at the district level. Their success stretches from the baseball and softball fields into the classroom as well. I am looking forward to great things coming our way from this group of athletes from Dinwiddie County. Mr. President, on behalf of the Senator from Mecklenburg, Senator Ruff and I, we ask that you give these wonderful young men and women the warm welcome of the Senate .
Frank Ruff
Thank you, Senator. Would members from the Dinwiddie softball team please rise.
[Unknown]
Wow, what a great group we have with us this morning. And look like future athletes amongst us. We appreciate you all visiting with us here today. And sounds like you all have done a great job in your baseball and softball perhaps. And we wish you the best in the future. Hope you have a great day here visiting in our capitol. I would ask the members of the Senate to join me in offering members from the Dinwiddie softball teams the warm welcome of the Senate. [applause]
Frank Ruff
The Senator from Henrico, Senator Dunnavant. Thank you, Mr. President. I rise for the purpose of two introductions.
Siobhan Dunnavant
The gentleman has the floor.
[Unknown]
It is a blessing to be a Senator local to the capitol because it makes it possible for you constituents to come visit you, especially on president's day when I particularly celebrate that Virginia loned eight of its sons to the federal government for a short period of time so they are here to look at Mr. Jefferson's capitol and see us in action and I would first like to welcome jack will and anna bergoin here visiting and they are here with ed rhodes.
Siobhan Dunnavant
Thank you, with Mr. Ed rhodes and then jack will and anna please rise. Thank you all for being here with used to and visiting Mr. Jefferson's capitol. And just as the good Senator from Henrico said, there is a tremendous amount of history here in Richmond so hopefully you have a chance to walk around and take a lot of that in. Please join me in offering ed rhodes and jack will and anna bergoin the warm welcome of the Senate. [applause]
[Unknown]
The Senator from Henrico .
[Unknown]
Thank you, I would also like to introduce a long time friend who is here with her daughter who I actually met on the day she was born. And so I hope you will welcome them to the Senate .
[Unknown]
Thank you, would peyton and ellen borgs please rise. What a treat to have you all here and you have grown up so nicely into a beautiful young lady. Great to have had a great doctor that helped bring you into the world. Join me in welcoming peyton and ellen bourjos the warm welcome of the Senate. The Senator from Spotsylvania, Senator Reeves .
Bryce Reeves
I rise for an introduction.
Bill Howell
The gentleman has the floor.
Bryce Reeves
I have two. The first one you met these folks earlier in the rotunda, gary and danielle mckenzie. Gary is an executive with geico and they had the neat opportunity to meet his excellency the governor today as well, in they met the top two folks, if. If you will give the warm welcome to gary and danielle mckenzie.
[Unknown]
Thank you, Senator. Would you please rise. Thank you for joining us today and it was a pleasure to meet you a bit earlier. We hope you are having a wonderful visit today and hope all is well in Fredericksburg for you. Safe travels back home. I ask the members to join me in offering ghauri and danielle mckenzie the warm welcome of the Senate. [applause]
[Unknown]
The Senator from Spotsylvania .
[Unknown]
Yes, Mr. President. In the gallery today, I saw my seat mate run up there to help because I think his wife has her hands full. In the gallery the rest of the Sturtevant clan, laurie, ethan age 7, reed 4 and emily 3 and it is a day off. I have a feeling my seat mate will be busy later on this afternoon when he gets home. If you would give the Sturtevant family the warm welcome of the Senate .
[Unknown]
Would Ms. Emily Sturtevant and your beautiful family please rise. Thank you for being with us today. As I said before and you heard me say this the senators always behave a lot better when their spouses are here so we appreciate you being here today and any other time you can come visit. What a beautiful family you have and I know you must be proud and thanks for letting your husband help us move the commonwealth forward. We dearly appreciate that. I would ask the members of the Senate to join me in offering Ms. Sturtevant and her beautiful family the warm welcome of the Senate. [applause]
[Unknown]
The Senator from Fauquier, Senator Vogel. Thank you, Mr. President. I rise for purposes of two introductions.
Jill Holtzman Vogel
The gentleman has the floor.
[Unknown]
Thank you, Mr. President. I have a huge responsibility in getting this right. My seat mate the senior Senator from Loudoun does this for me every time that I have a little kid who chooses to play hooky from school and I never ever get to return the favor. This is a big deal for me. Join me in welcoming his family and some close friends in the gallery today. Michelle staten is the daughter of Senator Black, michelle managed and won 12 contested elections for her dad and continues to play a key role in many other successful campaigns across Virginia. Michelle and her dad are very close as I know from lots of stories that we have shared. And without giving away her age I will tell you that he says he has been going on walks with her for 40 plus years and that is really special. Michelle is accompanied by three of her four sons. Michael, adam and brian. And weunder stand there is one not pampered not boy, princess at home who is not in the gallery today. Also is his valued aide cali. She continues to help out with his campaigns and running his home office and she is accompanied by three of her four sons. Douglas, robert and alex. Michelle and callie home school their children together and took the eight of them on a two week road trip across the country this year. It is no bonder that my seat mate is exceedingly proud of both of these women and he has shared many wonderful stories about them and their families. I ask that you extend to them the very, very warm welcome of the Senate and make up for the many times he has done that for me. Thank you.
Jill Holtzman Vogel
Thank you, Senator. With michelle and your family and guests please rise. Thank you all so much for visiting us and wow what another beautiful family. We had so many nice families come through today, I guess on president's day when folks perhaps aren't in school. And I understand you are home schooling and what a great option that is for students across the commonwealth. We appreciate you helping with your dad. I know you must have had a wonderful relationship and that is wonderful and appreciate your assistant helping the good Senator. So, we wish you all the best and keep working hard in school. I would ask the members of the Senate to join me in offering michelle staten and your visitors the warm welcome of the Senate. [applause]
[Unknown]
I'm sorry. The Senator from Fauquier .
[Unknown]
I have a second interdukes. Introduction. I am honored to have interns who did so much work with me and I also have interns in the gallery today. They are special and did so much hard work. The first is juliann and and the second is john. They volunteered their time and considerable talent. Julianna is a junior at the university of Richmond with a double major in politic science and leadership and also on the prelaw tract. She is a junior Senator in ur student government. Juliaen that aspires to be an elect the official at the state level in the future. John, whose family is from chan chantilly is majoring in biology with minors in chemistry and political science. He, too, hopes to be involved in politics in his career. John is currently the vp of the college republicans at vcu. With that, Mr. President, I would ask that you extend to them the very warm welcome of the Senate .
[Unknown]
Would julianna and john please rise? Thank you all for joining us this morning. And thanks for all of your great work for the Senator from Fauquier. And so we have a spider and a ram amongst us, right? I know you all had a big basketball game this weekend and I won't comment on the results but thanks for being here and of that. Thanks for the great work you have done and we wish you the best in your educational endeavors. I would ask the members of the Senate to join me in offering john and giuliana the warm welcome of the Senate. [applause]
[Unknown]
The junior Senator from Richmond city, Senator McClellan .
Jennifer McClellan
I rise for two introductions.
Bill Howell
The gentleman has the floor.
Jennifer McClellan
We have two constituents taking advantage of president's day and day off. First we have josie arthur who is a freshman studying musical theater at Appomattox regional governor's school for arts and technology. She performed in numerous productions and is part of the acapella group at her school and I expect one day we will see her on broadway. She is here with heidi Abbott and I ask that we give her a warm welcome of the national.
[Unknown]
Would you please rise? Thank you for visiting us today. Hope you are having a wonderful I know you are with a great day. Friend of mine showing you around so I know you are in great hands. Enjoy your visit today in Mr. Jefferson's capitol. I ask the members to offer the warm welcome of the Senate. [applause]
[Unknown]
The junior Senator from Richmond city.
[Unknown]
Thank you, Mr. President. We also have joining us in the gallery today ethan lin who is 12 years old and attends liberty middle school and decided to spend his free day observing the legislative process. He has been involved as a volunteer in political campaigns and looking forward to applying for the Page program next year sew figured he should come down and see what all was involved in. I ask that we give him the warm welcome of the national.
[Unknown]
Would Mr. Ethan lin please rise. It is great to see you up in the gallery and I appreciate you coming and helping out in the lieutenant governor's office this morning and we couldn't have gotten anything done if you hadn't been here helping us this morning. I also would invite you to look around and we have some great pages here and it is a great program and hope you will put your application in for next year. We look forward to seeing you back here in Virginia 's capitol. I would ask the members of the Senate to join me in offering Mr. Nathan -- excuse me, ethan a warm welcome of the Senate. [applause]
[Unknown]
The Senator from Fairfax city, Senator peterson.
[Unknown]
Thank you, Mr. President,. I rise for an introduction.
[Unknown]
The Senator has the floor.
[Unknown]
I have a constituent in the gallery. Justin Fairfax from anon dale, from Fairfax that is. He has come to be induct inside a secret fraternity and sorority of people who have run for lieutenant governor. Myself, the gentle lady from Fauquier and the gentle lady from Spotsylvania and our president little known fact is a senior Senator from Fairfax County. We will be inducting him later with a ceremony after the session and I hope we greet him warmly.
[Unknown]
Justin Fairfax, welcome to the gallery and a couple of things. Thank you for stepping up to the plate along with other folks that choose to serve the public. It is a tremendous privilege and also a tremendous responsibility. And I can just tell you and everybody else that has been a tremendous privilege to serve. Hard to believe this is my fourth and last year. We appreciate other good folks stepping up to take my place and so we wish you the best and safe travels. I know it is a lot of time for all of us as we travel around the commonwealth but we wish you the best and again we appreciate you doing what you are doing and we thank you for being with us today. I would ask the members of the Senate to join me in offering Mr. Justin Fairfax the warm welcome of the Senate. [applause]
[Unknown]
The Senator from Arlington, Senator Favola. Thank you. I rise for purposes of two introductions. Introductions the Senator has the floor.
Barbara Favola
Nationally daniel accompanied by her mother martha daniel. Natalie is a hopeful Page. She is learning more about the legislative process and I 'm sure one day she will put in her application to be a Page. Martha daniel and her family actually have been residing in the commonwealth since 1662. And the family donated the land to build the fort union military academy. Just as a point of reference. Mr. President, I ask that the Senate give natalie and martha daniel a warm welcome.
[Unknown]
Would natalie and martha daniel please rise? Welcome. And we do have a great program. We are very proud of our Page program so we encourage you to put an application in whenever the time is appropriate for you. And thanks for coming and visiting the good Senator from Arlington. You are hear watching a great person. She does so well for her con at this time wents. I would ask the members to join me in welcoming natalie and martha daniel the warm welcome of the Senate .
Barbara Favola
The Senator from Arlington, Senator Favola .
Barbara Favola
Thank you, Mr. President. Also joining us today is a con constituent of mine, nancy bleaker. A former social worker and long time advocate for progressive values. Today she is here with the league of conservation voters and moms for clean air. She and her colleagues will be educating law makers on the importance of environmental issues and how we should best address these challenging environmental issues. So again, I ask that the Senate give nancy bleaker a warm welcome.
[Unknown]
Thank you, would Ms. Nancy bleaker please rise? Thank you so much for joining us today and thanks for making the trip here to Mr. Jefferson's capitol. We hope you have a wonderful visit. If you can stay around you will see a little bit about how policy is made here in the commonwealth. I ask the members of the Senate to join me in offering Ms. Nancy bleaker the warm welcome of the Senate. [applause] the Senator from Stafford, Senator stewart.
[Unknown]
I rise for an introduction.
Bill Howell
The gentleman has the floor.
[Unknown]
Joining us in the gallery him honored to tell you is a group called the penny pals. They are young folks from rodney thompson middle school in Stafford County. They are taking part in their school's project called destination imagination and they are here to spread a message that doing good makes sense. Mr. President, the reap they are called penny pals is because they give away a penny with a little message you are a good role model, Mr. President. That is what this means. You can tell I 'm looking to find someone to pass this on to. They give you a penny and it means that you are good role model but also encourages you to do good things. Once you get it, you have to find another person who is a good role model to pass it on to. I put everybody on notice I 'm looking. Mr. President, these are really impressive young people.
Ben Chafin
They.
Ben Chafin
I got the opportunity to sit down with them and chat with them for awhile this morning and I was so proud of what they are doing and impressed by what they are doing. Just really fine young people and they are spreading an excellent message. I would ask that you give them the warm welcome of the Senate .
[Unknown]
I agree with you. Would members from penny pals please rise. And one of you look like abe lincoln a little while ago and you have come out of your costume. Thank you for being hear to share some time with the good senators from across the commonwealth and thanks for stopping by my office and sharing a penny with me for hopefully being a good role model and I will try to spread the word. You are our future. And so all of you we are very proud of you for being such good role models and doing so many good things for our communities and especially for Virginia. We hope you have a wonderful visit here today and thank you all so much for all yaw do. I would ask the members of the Senate to join me in offering members of penny pals the warm welcome of the Senate. [applause]
Steve Newman
The Senator from northern Chesapeake, Senator Spruill. I rise for an introduction.
Lionell Spruill
The Senator has the floor.
[Unknown]
I have today from my district Mrs. Brown and family. The family is here for the first time. I gave them a mini tour of the capitol and Mr. President they are with a group called moms today. And Mr. President, also before I became a member of the House of lords Ms. Brown gave me the Virginia league conservation voters 100%, 2016. So, I wish you would welcome Mrs. Brown and her family to the capitol today.
Lionell Spruill
Thank you, would Ms. Brown thank you. And your family and guests please rise? Welcome to the gallery and I 'm glad you are all here keeping an eye on the good Senator from Chesapeake, Senator Spruill. He is finally in the upper chamber as we call this and we are glad to have him here and he is doing a great job. Tell all your friends and neighbors at home that Senator Spruill is doing a good job for his constituents and Virginia. I ask the members to join me in offering the homes of the brown family the warm welcome of the Senate. [applause]
Lionell Spruill
Senator from Rockingham, Senator Obenshain. Mr. President, you threw me off. I don't a green sheet but you do. I assume my guests from -- there it is. Magically appeared. Mr. President, members of the Senate, I have in the gallery a group of 7th grade civic or civics students. Civic. Civic students from cornerstone christian school in Rockingham and Mr. President, if our county. Neighborhood grammarian is still in doubt as to which is the appropriate name for the class, I 'm sure that the teacher simone bergy who is accompanying the students from the corner stone christian school would be more than happy to spend time and teach them the difference between civic and civics education. I would ask you to extend this to this group the warm welcome of the Senate .
[Unknown]
Thank you, Senator. Would the members from the quarterstone christian school and Ms. Bergy please rise. What a great group. We are pleased you took time on president's day to come visit us in Mr. Jefferson's capitol. A tremendous amount of history here so hopefully you will be able to take some of that in today and thanks for being able to watch how policy is made in the commonwealth of Virginia. I would ask the members to join me in offering the members from cornerstone christian school the warm welcome of the Senate. [applause]
Lionell Spruill
Is there any other business nor the morning hour? I know there are some guests that I have not recognized and we appreciate you all being here today. And hope you have a great visit this afternoon. If you can stick around for a little bit you will see again how some policy and law are made in Virginia. We welcome all of you to the gallery today. I would ask the clerk to please call the calendar.
[Unknown]
Senate calendar for Monday, February 20, 202017. Page 4. Unfinished business, House. House bill 1534. The House has rejected the Senate substitute.
[Unknown]
Mr. President.
[Unknown]
The Senator from Bedford .
[Unknown]
I insist on our substitute and request a committee of conference.
Bill Howell
The question is shall the Senate insist on its substitute and request a committee of conference. All in favor of the motion will. Are all the senators ready to v? Have all the senators voted? Do any senators desire to c hange their vote? The clerk will close the roll.
[Unknown]
Ayes 40, nos 0.
Ben Chafin
Ayes 40, nos 0. The motion is agreed to.
[Unknown]
House bill 1854. The House has rejected the Senate substitute.
[Unknown]
The Senator from Hanover, Senator McDougle .
Ryan McDougle
I move that the Senate insist on our substitute and request a committee of conference.
Bill Howell
Thank you, Senator. The question is shall the Senate insist on the substitute substitute and request a committee of conference. Recognized are all the senators ready to vote? Have all the senators voted? Do any senators desire to c hange their vote? The clerk will close the roll.
Ryan McDougle
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The Senate insists on its substitute and requests a committee of conference.
[Unknown]
House bill 1926. The House has rejected the Senate amendment.
[Unknown]
The Senator from Spotsylvania .
[Unknown]
I request that we insist on the Senate substitute and have a committee of conference.
Bill Howell
Thank you, Senator. The question is shall the Senate insist on its substitute and request a committee of conference. All in favor of the motion will. Are all the senators ready to v? Have all the senators voted? Do any senators desire to c hange their vote? The clerk will close the roll.
[Unknown]
Ayes 38, nos 0. Rule 362.
[Unknown]
Ayes 38, nos 0. Rule 36, two. The motion agreed to.
[Unknown]
House bill 2024. The House has rejected the Senate substitute.
[Unknown]
The Senator from Rockingham, Senator Obenshain .
Mark Obenshain
Mr. President, I move that we insist on our substitute and request a committee of conference.
Bill Howell
Thank you, Senator. The question is shall the Senate insist on its substitute and request a committee of conference. All in favor of the motion will. Are all the senators ready to v? Have all the senators voted? Do any senators desire to c hange their vote? The clerk will close the roll.
Mark Obenshain
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The motion is agreed to.
[Unknown]
We are awaiting House action on the remaining bills. Page 8. Unfin fished business, Senate. Senate bill 1178 has passed the House with a substitute.
[Unknown]
The Senator from Russell County, Senator Chafin .
Ben Chafin
Mr. President, I move that the Senate concur with the House substitute.
[Unknown]
If you could speak to that briefly, Senator .
Ben Chafin
I will. This bill deals with regulating and says that without naloxone will only be issued to ladies who are pregnant and in addition patients being converted from cm methodone and allows the regulations of the board to concur.
Bill Howell
The question is shall the Senate concur with the House substitute. All in favor of the motion will. Are all the senators ready to v? Have all the senators voted? Do any senators desire to c hange their vote? The clerk will close the roll.
[Unknown]
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The motion agreed to.
[Unknown]
Senate bill 1416 has passed the House with a substitute.
[Unknown]
The Senator from Bedford, Senator Newman .
Steve Newman
I move that we grey he to the substitute and speaking that to motion.
[Unknown]
The Senator has the floor.
Steve Newman
This is the bill that relates to the investment trust, the Senate finance committee had a substitute that tried to get further there and then the substitute that you see before us is the last one that the Senate finance committee worked out and so if it goes through here it will be adent cal to the one we had on the who us.
Bill Howell
Thank you, Senator. The question is shall the Senate concur with the House substitute. All in favor of the motion will. Are all the senators ready to v? Have all the senators voted? Do any senators desire to c hange their vote? The clerk will close the roll.
[Unknown]
Ayes 39, nos 1.
[Unknown]
Ayes 39, nos 1. The Senate concurs with the House substitute.
[Unknown]
Senate bill 1516 passed the House with a substitute.
[Unknown]
The senior Senator from Loudoun, Senator Black .
Dick Black
Thank you, Mr. President. The House and Senate have some variations in approach. It is not entirely certain where we will end up but I think we need to talk a little bit more and and so I recommend that we insist on the Senate substitute and request a committee of conference.
[Unknown]
You need to reject.
Dick Black
Senator, you need to reject the House substitute first if you want to do that.
[Unknown]
I move that we reject the House substitute.
Bill Howell
With the recommendation that it be rejected, the question is shall the Senate concur with the House substitute. All in favor of the motion will. Are all the senators ready to v? Have all the senators voted? Do any senators desire to c their vote? Hange the clerk will close the roll.
[Unknown]
Ayes 0, nos 40.
[Unknown]
Ayes 0, nos 40. The House substitute is rejected.
[Unknown]
Senate bill 1527 has passed the House with a substitute.
[Unknown]
The senior Senator from Fairfax, Senator Saslaw .
Dick Saslaw
Mr. President, I would move that we accept the House substitute. The major difference between the bill that Delegate Cox has and the one that I had was that his bill requires that slightly larger grants be given as the student progresses from freshman through to senior year. The whole purpose of the program, by the way, is to make sure people graduate in four years rather than keep accumulating debt. And mine was permissive with respect to the department of education. So, it is, you know, it is not a major change. He agreed to the full-time provision I had last year when both bills died in conference. But, I would recommend that we accept the House substitute. We pretty much agreed on this but with the Senate finance committee.
Bill Howell
Thank you, Senator. The question is shall the Senate concur with the House substitute. All in favor of the motion will. Are all the senators ready to v? Have all the senators voted? Do any senators desire to c hange their vote? The clerk will close the roll.
Dick Saslaw
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The Senate concurs with the House substitute.
[Unknown]
Senate bill 1577 has passed the House with a substitute.
[Unknown]
The Senator from Lynchburg, Senator peake.
Mark Peake
I move that we concur with the House substitute and speak together bill. >> The Senator has the floor. >> We agree with the substitute that has come out of the House. This will allow for a study to be done on the small flow septic systems and it will be reported back to the general assembly at the end of the year. And I move that it be accepted and passed.
Bill Howell
Thank you, Senator. The question is shall the Senate concur with the House all in favor of the motion will. Substitute. Are all the senators ready to v? Have all the senators voted? Do any senators desire to c hange their vote? The clerk will close the roll.
Mark Peake
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The Senate concurs county h House substitute.
[Unknown]
Senate bill 1180 the House insists on its amendment and requests a committee of conference.
[Unknown]
The Senator from Russell County, Senator satisfy.
[Unknown]
Chafin.
Bill Howell
I move that the senateacede to the House request for a chittee of conference. All in favor of the motion will. Are all the senators ready to v? Have all the senators voted? Do any senators desire to c hange their vote? The clerk will close the roll.
[Unknown]
Ayes 9, nos 1 -- ayes 39, nos 1.
[Unknown]
The motion is agreed to. The Senator from Rockingham, Senator Obenshain. If you wanted to take this up now, we could go ahead that is okay.
Mark Obenshain
This would be a good time?
[Unknown]
Yes, sir.
Mark Obenshain
All right, Mr. President. If I can shuffle all my papers. Mr. President, pursuant to rule 17 of House joint resolution 555 which is the scheduling resolution I move that the Senate do now suspend the special and continuing joint order relating to judicial elections until tomorrow, Tuesday, February 21, 2017.
Bill Howell
Thank you, Senator. The question is pursuant to rule 17 of h.J.R. 555, the scheduling resolution, shall the Senate suspend the special and continuing joint order relating to judicial elections until Tuesday, February 21, 2017? All in favor of the motion will. Are all the senators ready to v? Have all the senators voted? Do any senators desire to c hange their vote? The clerk will close the roll.
[Unknown]
Ayes 38, nos 2.
[Unknown]
Ayes 38, nos 2. The special and continuing joint order is suspended until Tuesday, February 21, 2017.
[Unknown]
We are awaiting House action on the remaining bills in that section. Uncontested calendar. House bills on third reading.
[Unknown]
The Senator from James city o unty, Senator Norment .
Tommy Norment
Over here, Mr. President. I would now respectfully move that all of the House bills on third reading on the uncontested calendar including all bills on pages 12 through 40 including House bill 1525 through House bill 2474 be placed on final passage in the block after the adoption of any amendments. Any Senator who desires to remove one of the House bills from the block please do so after the clerk has read the number of that bill.
[Unknown]
Thank you Senator. The question is Hall House bills on the uncontested calendar third reading pages 12 through 40, House bill 1525 through House bill 2474 be placed upon their final passage in the block after the adoption of any amendments thereto with the understanding any Senator desiring a bill removed from the block would do so after the clerk has read the number of bill. All in favor say aye. Those opposed, no. The ayes have it. The motion is agreed to. The bills are before us in the block. The clerk will please read the number of the bills. House bill 15 that 25*. Reported from the committee of courts of justice and there are to floor substitutes.
Tommy Norment
The Senator from eastern Fairfax County, Senator Surovell .
Scott Surovell
Mr. President, I would move that we reject the first floor substitute or waive reading.
[Unknown]
In you could pull it out of the block and then we will come back to it.
Scott Surovell
We can do it you want to do it now. You have the.
[Unknown]
I move we waive reading of the first floor substitute.
[Unknown]
Which one are you going to withdraw? [no audio]
[Unknown]
Thank you. The question is shall the reading of the floor substitute number one be waived. All in favor say aye. Those opposed, no. The ayes have it. The reading of the floor substitute is waived. The Senator from eastern Fairfax .
[Unknown]
I move that we reject the first floor substitute. With the recommendation that we reject it I recommend that reject the first floor substitute. I move to withdraw it if we can.
[Unknown]
The Senate will stand at ease. [Senate at ease] >> The Senator from eastern Fairfax County .
[Unknown]
I move to withdraw the first floor substitute.
Bill Howell
Without objection, the first floor substitute will be withdrawn.
[Unknown]
I move to waive reading of the second floor substitute.
[Unknown]
We did that and now you just speak to the second one.
[Unknown]
Okay. The question is shall the reading of the second floor substitute be waived. All in favor say aye. Those opposed, no. The ayes have it. The reading is waived. The Senator from eastern Fairfax County .
[Unknown]
Mr. President, I would move that we adopt the second floor substitute and speaking to that.
[Unknown]
All right. The Senator has the floor.
[Unknown]
Ladies and gentlemen, this bill I 'm not sure if it has been explained by the chairman of courts but the bill is trying to deal with out-of-state dwi convictions. And administrative suspensions by the dmv. What happens is if somebody is convicted of a driving while intoxicated offense outside of the state of Virginia the dmv is currently empowered to take administrative action based on that under certain circumstances. When I started practicing 20 years agorgeous the department of motor vehicles position was that an out-of-state conviction had to be substantially similar to a Virginia conviction before they would count it and many out-of-state offenses are different from Virginia 's law. They criminalize conduct which is different and because you can't tell when you look at the out out-of-state conviction abstract the dmv frequently would not count those. The dmv has changed its practice and started look at hots of things which I will say and get into its specifically if anybody wants to, are very difficult for anybody to deal with in court. And basically Delegate Albo put in the legislation to try and restore the practice in Virginia to what it had been for the last 20 years. The bill got amended in the House courts committee and came over here. The substitute you have in front of you, I checked with the patron and he is comfortable with it and says that the department of motor vehicles can only administratively suspend for out-of-state if it is substantially similar and they can only base the review on whatever the conviction document of the other state shows. They can't do independent factual investigation or anything else. It also provides a retroactivity which says anybody unfairly administratively suspended wants to get their suspension reviewed they can do that. And as I said, I think the patron is comfortable with it the way it is. I would move that we pass the substitute and I will be happy to answer any questions.
[Unknown]
The question is shall the floor substitute be agreed to. All in favor say aye. Those opposed, no. The ayes have it. The floor substitute is agreed to.
[Unknown]
House bill 1851. Reported from the committee for courts of justice with a substitute.
[Unknown]
The Senator from Rockingham, Senator Obenshain .
Mark Obenshain
I move that the committee substitute be agreed to.
[Unknown]
The question is Hall the committee substitute be agreed all in favor say aye. To. Those opposed no.
Mark Obenshain
House bill 1855 reported from the committee for courts of.
[Unknown]
Justis with a substitute.
[Unknown]
The Senator from Rockingham .
[Unknown]
I move that the committee substitute be agreed to.
[Unknown]
The question is shall the committee substitute be agreed to. All in favor say aye. Those opposed, no. The ayes have it. The substitute is agreed to.
[Unknown]
House bill 1693. Reported from the committee for courts of justice. House bill 2034. The committee amendments have been adopted by the Senate. House bill 2230. Reported from the committee on for courts of justice. House bill 2281, the committee amendment adopted by the Senate. House bill 2037 reported from the commit yo on commerce and labor and there is a floor substitute.
[Unknown]
The senior Senator from Virginia peach, Senator Wagner .
Frank Wagner
Mr. President, can we pull that out of the block.
[Unknown]
Without object, House bill 3027 will come out of the blowing.
Frank Wagner
House bill 1616 the committee substitute and amendment have been adopted by the Senate. House bill 1856. The committee substitute from finance has been adopted by the Senate. House bill --
[Unknown]
Mr. President.
[Unknown]
The Senator from Roanoke County, Senator Suetterlein .
David Suetterlein
Can House bill 1616 on Page 16 please come out of the block.
Bill Howell
Without objection, House bill 1616 will come out of the block.
David Suetterlein
House bill 251 reported from the committee on finance with amendments.
Steve Newman
The nor from Augusta County, nor Hanger .
[Unknown]
Mr. President, I would ask that that bill go bye for the day. We removed from the block and bo bye for the day.
Bill Howell
Without objection, House bil.
[Unknown]
House bill 1401. Report the with amendment.
[Unknown]
The no are from Bedford .
[Unknown]
I move that the committee amendment be agreed to.
[Unknown]
The question is shall the committee amendment be agreed to. All in favor say aye. The ayes have. Those opposed, no. The amendment is agreed to.
[Unknown]
Mr. President, could that bill come out of the block?
Bill Howell
Without objection, House bill 1401 will come out of the block.
[Unknown]
House bill 1408 reported with a substitute.
[Unknown]
The Senator from Bedford Senator Newman. All in navar of the motion say aye. Those opposed no. The substitute is agreed to.
Steve Newman
Mr. President could that bill come out of the block?
Bill Howell
Without objection, House bill 1408 will come out of the block.
Steve Newman
House bill 1414 reported from the committee on education and health with amendment.
[Unknown]
The Senator from Bedford, Senator Newman .
Steve Newman
I move that the committee amendment be agreed to.
[Unknown]
Thank you, Senator. The question is shall the amendment be agreed to. All in favor say aye. Those opposed, no. The ayes have it. The amendment agreed to House bill 1437 reported from the committee on education and health. House bill 149 reported from the committee on education and health. House bill 1508 reported from the committee on education and health and there is a floor amendment.
Steve Newman
The Senator from Arlington, Senator Favola .
[Unknown]
I move that the reading of the amendment be waived.
[Unknown]
Thanks you, Senator. The question is shall the reading of the floor amendment be waived. All in favor say aye. Those opposed, no. The ayes have it. The reading is waived.
[Unknown]
I move that the amendment be agreed to and speaking to the motion.
[Unknown]
The Senator has the floor.
[Unknown]
This conforms to the House bill Senate version. And it passed this body 39-0. It is a technical change and identifies the code in the section where we refer to regulations.
[Unknown]
The question is shall the floor amendment be agreed to. Ayes eyewitness news. The ayes have it. The familiar is agreed to.
[Unknown]
House bill 1519. House bill 1524 reported from the committee for courts of justice with amendment.
[Unknown]
The Senator from rocking Hall, Senator Obenshain .
Mark Obenshain
I move that the committee amendment be agreed to.
[Unknown]
The question is Hall the committee amendment be agreed to. All in favor say aye. Those opposed, no. The ayes have it. The committee amendment is agreed to.
Mark Obenshain
House bill 1538 reported from the committee on education and health. House bill 1544 reported from the committee on education and health.
[Unknown]
Mr. President.
[Unknown]
Senator Barker .
[Unknown]
Could that bill come out of the block, please.
Bill Howell
Without objection, House bill 154 h come out of the block.
[Unknown]
Mr. President.
[Unknown]
The Senator from Franklin County .
[Unknown]
Thank you. Going back to Page 17, can h.B. 152 come out of the block and go bye for day, mees.
[Unknown]
That has already been made.
[Unknown]
The Senator from Rockingham, Senator Obenshain .
Mark Obenshain
I move the committee substitute be agreed to.
[Unknown]
The question is shall the committee substitute be agreed to? All in favor say aye. Those opposed, no. The ayes have it. The substitute is agreed to.
Mark Obenshain
House bill 1590 reported from the committee for courts of justice with a substitute.
[Unknown]
The Senator from rocking ham.
[Unknown]
Mr. President, I move the committee substitute be agreed to.
[Unknown]
The request he is shall the committee substitute be agreed to. All in navar of the motion say eye. Thoses opposed nod. The substitute is a agreed to.
[Unknown]
Lillibridge 164. House bill 166 ask reported from the committee on education and health. House bill 1662 reported from the committee on education and health. House bill 1687 reported from the committee on transportation with amendment.
[Unknown]
The Senator from Grayson County, Senator Carrico .
Bill Carrico
Move the committee amendment.
[Unknown]
The question is shall the committee amendment be agreed to. All in favor say aye. Those opposed, no. The ayes have it. The amendment agreed to.
Bill Carrico
House bill 1689 reported from the committee for courts of justice with amendment.
[Unknown]
The Senator from rock ham.
[Unknown]
Mr. President I move the city councillee amendment be agreed to. All in favor say aye. Those opposed, no. The ayes have it. The amendment is agreed to.
[Unknown]
House bill 1691 reported from the committee for courts of justice. House bill 1708 reported from the committee on education and health with amendment.
[Unknown]
The Senator from Bedford, Senator Newman .
Steve Newman
I move that the committee amendment be agreed to.
[Unknown]
The question is shall the committee amendment be agreed to. All in favor say aye. Those opposed, no. The ayes have it. The committee amendment is agreed to.
Steve Newman
1709 reported from the commit oh on education and health with
[Unknown]
The Senator from Bedford. Amendment.
[Unknown]
I move that the committee amendment be agreed to.
[Unknown]
The question is Hall the committee amendment be agreed to. All in favor say aye. Those opposed, no. Thing ahave it. The amendment is agreed to.
[Unknown]
Hills 1737 reported from the committee for courts of justice. Reported from the kadeee on education and health with amendment.
[Unknown]
I move that the committee amendments be agreed to.
[Unknown]
The question is shall the committee amendments be agreed to. All in favor say aye. Those opposed, no. The committee amendments are the ayes have it. Agreed to.
[Unknown]
House bill 181111 reported from committee for courts of justice. 1816 reported from the committee for courts of justice. Lillibridge 836. Howell little 1838. House bill 1910. House bill 1929 reported from the committee on transportation with amendment.
[Unknown]
The Senator from Grayson County, Senator Carrico .
Bill Carrico
I move the committee
[Unknown]
Thank you, Senator. Amendment. The question is shall the committee amendment be agreed to. All in favor say aye. Those opposed, no. The ayes have it. The amendment is agreed to.
Bill Carrico
House bill 1941 reported from courts of.
[Unknown]
Justis with a sought.
[Unknown]
The Senator from Rockingham. Senator Obenshain .
Mark Obenshain
I move the committee Suit be agreed to. All in favor say aye. Those opposed, no. The ayesester it. The substitute is agreed to.
[Unknown]
Mr. President.
Mark Obenshain
The Senator in east fairfield county.
[Unknown]
Can House bill 1941 come out of the block?
Bill Howell
Without objection, hillary clinton 194 will come out of thl 94 will come out of the block. House bill reported with amendment.
[Unknown]
The Senator from Bedford, Senator menu anna bergoin.
[Unknown]
I love ma the committee athletic be agreed to. All in favorer of the motion say aye. The ayes have it.
[Unknown]
Committed from the commit yes on education and health with a substitute.
[Unknown]
I move that the committee substitute be agreed to.
[Unknown]
The question is shall the committee substitute be agreed to. All in favor say aye. Those opposed, no. The ayes have it. The substitute is agreed to.
[Unknown]
House bill 1993 reported from the committee on transportation. House bill 1996 reported from the commit committee of courts of justice with amendment.
[Unknown]
The Senator from Rockingham .
[Unknown]
I move the committee amendment be agreed to. All in favor say aye. Those opposed, no. The amendment is agreed to. House bill 2015 reported from the committee on transportation. House bill 2016 reported from the committee on transportation with amendment.
[Unknown]
Senator Carrico .
[Unknown]
I move the committee amendment.
Steve Newman
The question is shall the committee amendment be agreed to? All in favor say aye. Those opposed, no. The ayes have it. The amendment is agreed to.
Steve Newman
Howell bill 2024. House bill 2023 reported from the committee on transportation.
Steve Newman
Mr. President.
Steve Newman
The junior Senator from Virginia beach, Senator deof it.
Steve Newman
That that be pulled from the block and go bye for the day.
Bill Howell
Without objection, House bill 2023 will come out of the block and go bye for the day.
[Unknown]
House bill 2026 reported from the commit reon transportation with a substitute.
[Unknown]
The Senator from Grayson County ?
[Unknown]
Thank you, Mr. President. I move that the stud be agreed to -- that the substitute be agreed to. The question is shall the stub seat be agreed to.
[Unknown]
House bill 2066 reported from the committee from courts of justice. 2019 reported from the committee on education and health. House bill 2136 reported from the committee on transportation and there a floor amount.
[Unknown]
The Senator from Grayson County, Senator Carrico .
Bill Carrico
I waive the reading of the floor amendment.
Mark Obenshain
Thank you, Senator. The request he is Hall the reading of the floor amendment be waived. All in favor say aye. Those opposed, no. The ayes have it. The reading of the floor amendment is waived. The Senator from --
Bill Carrico
I move that the floor amendment be agreed to.
[Unknown]
The Senator has the floor.
[Unknown]
It is, Mr. President, h.B. 2136 is a technical amendment. It strikes "and" and intercerts "to." t-0. Not as in terrell owens but ten ho.
[Unknown]
The question is shall the floor amendment be agreed to. All in favor say aye. Those opposed, no. The floor amendment is agreed to.
[Unknown]
House bill 2137 reported from the committee on transportation. House bill 20 --
[Unknown]
Mr. President.
[Unknown]
The Senator from Roanoke County, Senator Suetterlein .
David Suetterlein
Can House bill 2066 on Page 33 come out of the block.
Bill Howell
Without objection, House bill 2066 will come out of the block.
David Suetterlein
House bill 2137 reported from the committee on transportation. House bill 2138 reported from the committee on transportation. House bill 219 reported from the committee on transportation a amendment.
[Unknown]
Senator Carrico .
[Unknown]
Thank you, Mr. President. I move the committee amendment.
[Unknown]
The question is shall the to. Committee amendment be agreed all in favor say aye. Those opposed, no. The ayes have it. The amendment is agreed to.
[Unknown]
House bill 219, reported 214. Reported from the commit eon transportation. 2171 reported from the committee on education and segment. House bill 2239 reported from the committee on transportation. House bill 258 reported from the committee on education and health. A bill to amend and reenact it 269 reported from the committee on transportation with amendment.
[Unknown]
The Senator from Grayson County .
[Unknown]
Thank you, Mr. President. Move the committee amendment.
[Unknown]
The question is shall the committee amendment be agreed to? All in favor say aye. Those opposed, no. The ayes have it. The committee amendment is agreed to.
[Unknown]
House bill 2300 reported from the committee on education and health. House bill 2327 reported from the committee for courts of justice with a substitute.
[Unknown]
The Senator from Rockingham, Senator Obenshain .
Mark Obenshain
Mr. President, I move the committee amendment be agreed
Frank Wagner
The question is shall the to. Committee substitute be agreed to. All in favor say aye. Those opposed, no. The ayes have it. The substitute is agreed to. The Senator from eastern Fairfax County ?
Mark Obenshain
Mr. President, can House bill 2327 come out of the block?
Bill Howell
Without objection, House bill 2327 will come out of the block.
[Unknown]
House bill 2331 reported from the committee on education and health. House bill 2336 reported from the committee on transportation. House bill 2341 reported from the committee on education and health. A bill to amend and reenact 2340 reported for courts of justifies with amendment.
[Unknown]
The Senator from Rockingham, Senator Obenshain .
Mark Obenshain
I move the committee amendments.
[Unknown]
The question is Hall the committee amendments be agreed to. All in favor say aye. Those opposed, no. The ayes have it. The committee amendments are agreed to.
Mark Obenshain
House bill 2367 reported from the committee transportation. House bill 2379 reported from the committee on education and health. House bill 2404 reported from the committee on education and health with amendment.
[Unknown]
The Senator from Bedford, Senator menu anna bergoin.
[Unknown]
I move that the committee amendments be agreed to.
[Unknown]
The question is Hall the committee amendments be agreed to. All in favor say aye. Those opposed, no. The ayes have it,.
[Unknown]
The committee amendments are agreed to.
[Unknown]
House bill 2429 reported from the committee for courts of justice. 2463. Reported from the committee on transportation. House bill 2447 report the committee on transportation.
Tommy Norment
Thank you, madam clerk. The question is Hall the House bills pass in block. That is, all bills except for 2037, 1616, 2251, 1401, 1408, 1544, 1941, 2023, 2066, and 2327. All in favor of the motion will. Are all the senators ready to v? Have all the senators voted? Do any senators desire to c hange their vote? The clerk will close the roll.
[Unknown]
Ayes 39, nos 0.
[Unknown]
Ayes 39, nos 0. The bills in the block pass.
[Unknown]
The Senator from Stafford .
[Unknown]
Mr. President, having voted on the prevailing side by which the block passed I would ask that we reconsider the vote.
Bill Howell
The question is shall the question by which the bills in the block pass reconsidered. All in favor of the motion will. Are all the senators ready to v? Have all the senators voted? Do any senators desire to c hange their vote? The clerk will close the roll.
[Unknown]
Ayes 40, nos 0.
Bill Howell
Ayes 40, nos 0. The motion is agreed to. The question is shall the bills in the block pass? Would you like me to read these again? Or are we good? All in favor of the motion record their votes aye. Those opposed no. Are all the senators r eady to vote? Have all the senators voted? Do any senators desire to c hange their vote? The clerk will close the roll.
[Unknown]
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The bills in the block pass. Returning to Page 16. The senior Senator from Virginia beach, Senator Wagner .
Frank Wagner
Thank you, Mr. President. Having been distributed, we have a floor amendment, I believe.
[Unknown]
Yes, Senator .
Frank Wagner
I would move waiving the reading of the floor amendment.
[Unknown]
Thank you, Senator. The question is shall the reading of the floor amendment be waived. All in favor say aye. Those opposed, no. The ayes have it. The reading of the floor amendment is waived. The senior Senator from Virginia beach.
Frank Wagner
I thank all my good friends over here who I thought were my friends, Mr. President. Let me explain the bill and underlying amendment if I could, Mr. President.
Frank Wagner
Excuse me, the Senator from Bedford I think has a question.
[Unknown]
Mr. President, before the gentleman gets too far, I would like to the chair whether or not the floor substitute is germane.
[Unknown]
The Senator has the floor.
Mark Obenshain
Mr. President, the gentleman from Virginia beach has prepared a floor substitute that certainly reflects some of his previous legislation. I understand his support thereof. But, Mr. President, in this case I think it is clear that it does violate the single objection rule to the Virginia constitution. This bill basically would piggyback upon the health insurance calculation section of the code, the assignment of benefit section. Mr. President, with that I would like to yield to the Senator from Rockingham as well.
[Unknown]
The Senator from Rockingham .
[Unknown]
I hate piling on, but I would also inquire, Mr. President, as to germaneness. The title of the bill as introduced refers to health insurance calculation of cost sharing provisions. Mr. President, there is no mention in the bill's title of any assignment of an insurance benefit to a healthcare provider which is the subject of the I amendment expands the purpose amendment. Of bill to encompass a subject submatter that is not containedn the bill as introduced. Mr. President, it is made evident by the fact that the assignment of benefit amendment, the amendment that is on the desk really relates to assignment of insurance benefits. It is drawn to a different code section than the original cost sharing provision. The amendment would change the purpose. It would change the scope of the bill. It is not a logical sequence to go from the original scope and purpose of the bill that is calculating the amount that an insured has to pay his healthcare provider when an insurer owes nothing to the provider to what the subject of this floor amendment is. And that is, a process under which the insurer can make a binding assignment of an insurance payment to a provider. In the context of the original bill, this would be an assignment of a benefit that is zero since the original bill is calculating the payment due to the insured by a provider no payment. This just spins logic on its Head and I would ask, Mr. President, there weather in addition to whether the floor amendment violates the single object rule as to whether the floor amendment also is germane.
[Unknown]
Thank you, Senator. The junior Senator .
[Unknown]
Mr. President, on first blush I might agree with the last two speakers. After reading the complete title which states code of Virginia relating to health insurance calculation of cost sharing provisions payments to nonparticipating physicians, and then when you read line 42, this is in direct, in direct association with the title of this. So, when we talk about germaneness, normally it has to be nongermaneness minute or germane and I believe this to be germane.
[Unknown]
The senior Senator from Virginia beach.
[Unknown]
Thank you, Mr. President at and speak together bill. Unfortunately, I didn't get a chance to explain the bill. It is not an assignment of benefits I would take a different tact. All it does is require a dual endoersment of a tech. If you have a network or out of network provider in the case of perhaps Chesapeake hospital the emergency room. You get in the accident somewhere in ee searched Chesapeake and you are hauled national emergency room. The emergency room doctors are not in the network. They are not in the network. The way the code reads today, is that if you are not in the network that the check or the normal and usual customary check would be sent not to the provider but actually to the patient itself and it is up to the patient to provide it to the provider for those services. All we are asking here is because sometimes that check as you might imagine comes to the patient and they say wow, a check from the insurance company and goes right into their bank account as opposed to coming back to the provider. All we are saying here is the patient needs to take the check back to the doctor that provided the service and get the doctor's endorsement. Has nothing to to with any ballotabling or anything else. Just says it gives the opportunity to for the doctor to get paid if he happens to be out of network for just amount that the insurance company would otherwise pay to a doctor in the network. When I read the full title of it, payments to nonparticipating physicians that definitely this should be considered germane the Senator from James city county, Senator Norment., did you have a comment?
Tommy Norment
Thank you, Mr. President. Having more than a casual understanding of the germaneness rule, I would rise and suggest, Mr. President, that with all due respect to the extremely senior Senator from Virginia beach, which the advanced stage May have clouded his judgment on this just a little bit. But, Mr. President, I would suggest that you have heard a couple of points but on germaneness there are some other consideration. Does the amendment deal with a different topic for subject and seems to be expanding it and it clearly is an assanement of benefits issue which you belling a pediatric neurologist would certainly know about that, sir. A second consideration, does it unreasonably expand the subject matter of the original bill and I think clearly the amended language does that. Thirdly, does the language in the substitute basically raise an independent question and I think clearly that the assignment of benefit does. Another relevant issue is whether or not it changes the purpose, the scope or the objective of the original bill and I think clearly by just the characterizations that you have already heard that it does that. And finally it is not just what a contained in the title but with the amendment required actual change in the title itself to more appropriately reflect that which is the intent of the amendment and nature of the substitute and I would request that you find this is not germane.
Adam Ebbin
I had a chance to look at this not only on Friday but over the weekend and my ruling is that the substitute is not germane.
Tommy Norment
The senior Senator from Virginia beach. Then I would move that the bill having been adequately explained in its original form pass.
Bill Howell
Thank you, Senator. The question is shall House bill 2037 pass. All in favor of the motion wills aye, those opposed no. Are all the senators ready to v? Have all the senators voted? Do any senators desire to changt heir vote? The clerk will close the roll.
Mark Obenshain
Ayes 140, nos 0.
Mark Obenshain
Ayes 40, nos 0. The bill passes.
Mark Obenshain
Moving forward to 1616. The Senator from Rockingham, Senator Obenshain .
Mark Obenshain
Mr. President, I move that the bill pass. Speaking to the bill. Mr. President, this bill is one that we have seen for a couple of years running. It deals with felony homicide in cases in which a drug dealer provides an opiate or drug that causes an overdose death. This is substantially the same format in which this bill left this chamber last year and probably the year before. It is one that provides an accommodation defense and Mr. President I would respectfully submit this is an important tool for law enforcement and fighting the proliferation of opiates particularly in the northern Shenandoah valley and across northern Virginia. With that, I would ask that the bill pass.
Bill Howell
The question is shall House bill 1616 pass? All in favor of the motion wills aye, those opposed no. Are all the senators ready to v? Have all the senators voted? Do any senators desire to c their vote? Hange the clerk will close the roll.
Mark Obenshain
Ayes 37, nos 3.
[Unknown]
Ayes 37, nos 3. The bill passes.
[Unknown]
Moving to Page 20 of the calendar. House bill 1401. The Senator from Bedford, Senator Newman .
Steve Newman
I move that the bill pass and speak together motion.
[Unknown]
The Senator has the floor.
Steve Newman
This relates to free speech on college campuses. If you read over the bill and amendment attached I would hope that we would all agree with the desire to pass a bill like this or have this be the policy of the commonwealth. Because it some what just reflects the constitution of the united states and constitution of Virginia. The bill could be argued whether or not we need it if those items are embedded in those locations but this bill ensures our institutions of higher learning know they need tone courage healthy debate and prevent any type of censorship based on that information. I would hope that we would pass the bill.
[Unknown]
Thank you, Senator. The senior Senator from Bath County, Senator Deeds .
Creigh Deeds
I wonder if my friend from Bedford would answer a couple of yeses.
[Unknown]
Would the Senator yield for a yes?
Creigh Deeds
I yield.
[Unknown]
He yields, Senator .
[Unknown]
What examples were given for the need of this language?
[Unknown]
The Senator from Bedford ? Our committee there was not examples that were given. It was a discussion based on the desire to ensure that the college campuses don't get into either a politically correct or politically in correct mode but instead that they are allowing for free speech. There was not an example given, Mr. President.
[Unknown]
The Senator from Bath .
[Unknown]
Mr. President, would the gentleman yield for an additional question.
[Unknown]
He yields, Senator .
[Unknown]
Mr. President, I yield.
[Unknown]
Mr. President, I would ask the gentleman if he thinks this language to abridge the right of a school to cancel an event that for example that promised or threatened to bring acts of violence on one side or another of some sort of political debate.
[Unknown]
The Senator from Bedford .
[Unknown]
Mr. President, I would say that it did not. There was not in committee but online, off line discussions about that, and it is anticipated that if you currently were allowed to avoid that speech based on threats or other items, that you could continue to do that. But this would be some what declare torre of current constitutional practice.
[Unknown]
The Senator from path.
[Unknown]
I would like to speak to the bill.
Bill Howell
The gentleman has the floor.
[Unknown]
Public shall abridge -- the tubessal freedom of any individual including enrolled students, faculty and other employees and invited guests to speak on campus. Well, I think that is already the policy of the commonwealth and the country as expressed so eloquently in the constitution of the united states. And it seems to me that it is akin to saying the sky is blue except on cloudy days even on college campuses. But I 'm not sure we we need to put that language in the code of what we actually change when we Virginia. Put things like this in the code of Virginia .
[Unknown]
Thank you, Senator. The Senator from Rockingham, Senator Obenshain .
Mark Obenshain
Mr. President, I wish this wasn't necessary. I really do hope that this is something around which liberals and conservatives, republicans and democrats can link arms. I mean I don't think there is anything more important to the academy to accompanied demic freedom than the -- academic freedom than the freedom of speech. And I think that there have been days in which conservatives have had their right to free peach sh suppressed and liberals as well and that pendulum swings back and forth and if we don't affirm the right to free speech then the heck with the principle of academic freedom and we have got examples that abound across the country of colleges and universities that have been unilaterally making decisions as to what is appropriate political speech on campus. And you know, one of the note -- one of the aspects of academic freedom is free speech is uncomfortable at times and has to be a two way street to be able to work and Mr. President I would respectfully submit that all of these free speech zones on campus you noah that means? It means there is not free speech on campus other than at certain times and certain places. I wish we didn't have to tell the colleges and universities they are free speech zones the entire campus and that university administrators can't suppress speech just because it is uncomfortable. Whether it is a socialist talking on campus or somebody who articulates abhorrent ideas are the right. Those freedoms of speech that are the foundation of this republic and one of the reasons we have the first amendment. Mr. President I, I would hope that we would all vote for this.
Mark Obenshain
Thank you, Senator. The no are from Alexandria, Senator Ebbin .
Mark Obenshain
Would the Senator from Rockingham yield for a question?
[Unknown]
Would the Senator yield for a question?
[Unknown]
I yield.
[Unknown]
He yields, Senator .
[Unknown]
I like the spirit of the bill and plan to vote for it but I did just want to ask a clarification. From reading it, it says invited guests. You can't abridge their freedoms of speech, which is great. What you want to uninvite them not for any political reason or controversy among the student body but maybe uninvite them. Maybe they say something con fare to the group's goals and not because of the pressure from the administration. Does that allow you to withdraw the invitation?
Scott Surovell
The Senator from Rockingham .
[Unknown]
The answer is yes, it does. What it does is if let's just say that the college young democrats or the college republicans invite a speaker, and a conflict arises or they decide they don't want to have that speaker anymore, they are free to uninvite that speaker. However, the administration, dean of students or whatever, the dean of speech on campus, or whatever it is, can't come in and say college young democrats, we are concerned about the ideas and the things that your speaker is going to talk about and we are concernd that it May upset people that it May be too uncomfortable, that it May trigger too many trigger warnings on campus. The university should not be able to step over that bound and tell the college young democrats that they can't have that speaker. That is what this is about.
[Unknown]
Thank you, Senator .
[Unknown]
I thank the gentleman for the clarification.
Bill Howell
Thank you, Senator. The question is shall House bill 1401 pass? All in favor of the motion wills aye, those opposed no. Are all the senators ready to v? Have all the senators voted? Do any senators desire to c hange their vote? The clerk will close the roll.
[Unknown]
Ayes 36, nos 4.
[Unknown]
Ayes 36, nos 4. The bill passes.
[Unknown]
House bill 1408. The Senator from Bedford, Senator Newman .
Steve Newman
Mr. President, I move that the bill pass and speaking to that motion the Senator has the floor.
[Unknown]
Mr. President, this bill was changed a bit as it came through in the substitute. But as the bill currently exists it is a come prohencive vision program for children in school either in k or second grade, third grade, 7th grade and 10th grade. Mr. President, this bill no longer speaks of any type of diagnosis process. It does speak about best practices and it does in section advisory panel that will assist us with the process. Mr. President, in sections 3, 4 and 5, it ensures that the parents will get the results of all of the screening information and in line 37 through 41 there is a definition of who is a qualified nonprofit vision health organization. I would hope that the bill pass.
Steve Newman
Thank you, Senator. The Senator from Prince William County, Senator McPike .
Jeremy McPike
Mr. President, will the Senator from Bedford yield for a question?
[Unknown]
Will the Senator yield for a
Jeremy McPike
Mr. President, I yield. Yes?
[Unknown]
He yields, Senator .
[Unknown]
With the changes that the gentleman just identified, would this relieve some concerns I heard from folks like the lion's club participating in some of the screenings that they do as well?
[Unknown]
The Senator from --
[Unknown]
The lions turned the tale on this and they are now perfectly fine.
[Unknown]
I thank the gentleman.
Bill Howell
Thank you, senators. The question is shall House bill 1408 pass? All in favor of the motion wills aye, those opposed no. Are all the senators ready to v? Have all the senators voted? Do any senators desire to c hange their vote? The clerk will close the roll.
[Unknown]
Ayes 38, nos 1.
[Unknown]
Ayes 38, nos 1. The bill passes. Moving to Page 23 of the calendar. House bill 1544. The Senator from southern Fairfax County, Senator Barker .
George Barker
I.
[Unknown]
I move that we waive the reading of the floor amendment.
George Barker
The question is shall the reading of the floor amendment be waived. All in favor say aye. Those opposed, no. The ayes have it. The reading of the floor amendment is waived. The Senator from southern Fairfax .
[Unknown]
Mr. President, what the floor amendment does it makes sure that the underlying bill here does not affect the charity care commitments made by medical care providers when the charity care commitments are for an entire system and accept the bit commission. What the underlying bill does is say that if a facility has multiple carity care commitments for different service and applications if it is below the charity care commitment it can count the surplus in inner as eras long as it is in the same facility. Makes sure that that doesn't override the existing provisions as it relates to the entire systems.
[Unknown]
Thank you, Senator .
[Unknown]
And this has been agreed to by the patron of the House .
[Unknown]
The Senator from Bedford ?
[Unknown]
I appreciate the Senator come up with the floor amendment. It does help fill in a hole that was in the bill a is it came through committee and I would hope we would adopt the floor amendment.
[Unknown]
If you do make the motion.
[Unknown]
I move that the floor amendment be adopted.
[Unknown]
The question is shall the floor amendment be agreed to. All in favor say aye. Those opposed, no. The ayes have it. Floor amendment is agreed to. The Senator from Bedford, Senator Newman .
Steve Newman
Mr. President, I hope that the bill pass. This is some needed alterations to the copn laws but nothing that goes to the point that it is of any controversy, Mr. President thank you, Senator. The question is shall House bill 1544 pass? All in favor of the motion wills aye, those opposed no. Are all the senators ready to v? Have all the senators voted? Do any senators desire to c hange their vote? The clerk will close the roll.
[Unknown]
Ayes 39, nos 1.
Steve Newman
Ayes 39, nos 1. The will passes.
[Unknown]
The Senator from jam es city
[Unknown]
Thank you, Mr. President. County, Senator Norment. If we could return to Page 20 on House bill 148. 1408, I would ask we reconsider the vote by which the bill was pass the, sir.
Bill Howell
Thank you, the question is shall the vote by which bill 1408 passed be reconsidered. All in favor of the motion will. Are all the senators ready to v? Have all the senators voted? Do any senators desire to c hange their vote? The clerk will close the roll.
[Unknown]
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The motion agreed to. The Senator from Bedford .
[Unknown]
Mr. President having previously been explained I hope that we would pass the bill.
Bill Howell
Thank you, Senator. The question is Hall House bill 1408 pass. All in favor of the motion record aye. All in favor of the motion willo tes aye, those opposed no. Are all the senators ready to v? Have all the senators voted? Do any senators desire to c hange their vote? The clerk will close the roll.
[Unknown]
Ayes 38, nos 2.
[Unknown]
Ayes 38, nos 2. The bill passes. Moving to Page 29 of the calendar. House bill 1941. The Senator from Rockingham, Senator Obenshain .
Mark Obenshain
Mr. President, move that the bill pass and speaking to this. This is a counter part to a bill that the Senator from the -- the senior Senator for the city of Richmond carried. It start the out as a wide ranging bill that provided slap Suit protections for public speech outside of the public forum like letters or other comments as to matters of public concern and also had in it protections for people who May engage from commercial speech that was removed from the bill and to conform to the Senator of rich Monday 's bill that passed I would move that the bill pass. Out of here.
[Unknown]
The Senator from eastern fairfaxing, Senator Surovell .
Scott Surovell
Would the gentleman from Rockingham yield for a yes?
[Unknown]
Would the gentleman yield for a yes?
Scott Surovell
I yield.
[Unknown]
He yields, Senator .
[Unknown]
The original bill if I 'm remembering right, made it included things like statements on yelp or product review sites or things like that. My read on this is that those kinds of statements are now out. Is that right?
[Unknown]
The Senator from Rockingham .
[Unknown]
Mr. President. The gentleman is correct. It previously contained broad immunity for certain commercial speech actions. That was removed.
[Unknown]
The gentleman yield for an additional yes.
[Unknown]
Would the Senator yield foran additional question?
[Unknown]
I yield.
[Unknown]
He yields, Senator .
[Unknown]
The way I read it, it reads broadly and whenever we grant immunity to anybody for anything it gives me a headache as you know. It says a matter of public concern or reason [ indiscernible ] which to me you can argue that any governing body should consider almost anything. Would the gentleman agree with that?
[Unknown]
The no are from rocking -- the Senator from Rockingham .
[Unknown]
Mr. President, I would suggest that you could August that but it wouldn't always be reasonable.
[Unknown]
Thank you, Senator .
[Unknown]
Would the Senator yield for an additionial yes.
[Unknown]
I do.
[Unknown]
He yields, Senator .
[Unknown]
Just to be clear if you want to encourage an issue for consideration to a governing body under this bill, you can basically lie about anything you want or anybody you want or defame anybody you want and you cannot be sued if we pass this. Is that right?
[Unknown]
The Senator from Rockingham .
[Unknown]
Mr. President, I think that that is a gross overstatement of what this does. But, it does provide a measure of immunity that is going to be subject to interpretation.
[Unknown]
The Senator from eastern Fairfax County .
[Unknown]
Thank the gentleman.
[Unknown]
The Senator from Fairfax city, Senator peterson.
[Unknown]
Speak to the bill.
[Unknown]
The Senator has the floor.
[Unknown]
To answer the colleague's question is does not cover statements made with regard to that are false oar reckless dishard offalsity. A is the existing bill.
Bill Howell
The question is shall House bill 1951 pass. All in favor of the motion wills aye, those are all the senators ready to v? Opposed no. Have all the senators voted? Do any senators desire to c hange their vote? The clerk will close the roll.
[Unknown]
Ayes 38, nos 1.
[Unknown]
Ayes 38, nos 1. The bill passes. Page 33 of the calendar. House bill 2066. The Senator from Rockingham, Senator Obenshain .
Mark Obenshain
Mr. President, I move that the bill pass and speaking to to this bill. This bill essentially provides for Virginia to enter the national crime prevention and privacy compact and what this dose is allows the state police to exchange certain limit the information for purposes of doing background checks and providing limited information about background to private parties who have a legitimate interest. Take, for example, our, you know, many barrier crimes bills that would prevent people from working in certain educational and other settings. It would allow the state police to engage in the background check for those individuals and ask say a private school, ask another state for information about the background of that applicant and make sure that we are able to access that information. So with, that I move the bill pass.
Bill Howell
Thank you, Senator. The question is shall House bill 2066 pass? All in favor of the motion wills opposed no. Aye, those are all the senators ready to v? Have all the senators voted? Do any senators desire to c hange their vote? The clerk will close the roll.
Mark Obenshain
Ayes 39, nos 1.
[Unknown]
Ayes 39, nos 1. The bill passes. On Page 37. House bill 2327. The Senator from Rockingham .
[Unknown]
Mr. President, I move that the bill pass. Mr. President, this piece of legislation was the -- was the result of a u.S. Supreme court decision that held that one cannot be criminally sanctioned, can't be punished criminally for refusal to give a blood sample as a result of a driving offense unless that sample is obtained pursuant to a warrant. Virginia, like other states has held that you have impliedly given consent to have your blood drawn if you are pulled over in a dui. And if you refused to allow your blood to be drawn, you would be susceptible to criminal sanctions and sunnishments including -- punishments including incarceration. The supreme court says that is not per missable. This really rather long bill is a very simple concept basically going through all of our implied consent statutes dealing with blood draws and removing the criminal sanction criminal penalties and replacing it with a civil sanctions and civil penalties instead.
Bill Howell
Thank you, Senator. The question is shall House bill 2327 pass? All in favor of the motion wills aye, those opposed no. Are all the senators ready to v? Have all the senators voted? Do any senators desire to c hange their vote? The clerk will close the roll.
[Unknown]
Ayes 40, nos 0.
[Unknown]
Ayes 40, nos 0. The bill passes.
[Unknown]
Regular calendar. House bills on third read. 15154. A bill relating to the property owners association act amendment of declaration reported from the committee on general laws and and there is a floor amendment. Technology.
[Unknown]
The Senator from eastern Fairfax County, Senator Surovell .
Scott Surovell
, Mr. President, even though I think making a motion to waive reading of the floor amendment will take longer than it will to read it, I waive reading of the floor amendment.
[Unknown]
The question is shall the reading of the floor amendment be waived. All in favor say aye. Those opposed, no. The ayes have it. The reading of the floor amendment is waived. The Senator from eastern Fairfax County .
Scott Surovell
Thank you, Mr. President. I move the floor amendment and speaking to the motion.
[Unknown]
The Senator has the floor.
[Unknown]
Thank you, Mr. President. Ladies and gentlemen, this bill has to do with home owners association and legislation response to a supreme court case that reverses the supreme courtt case out of Williamsburg and James city county circuit court. I thought it was a rather well written opinion by justice arthur kelsey and I usually don't agree with much what justice kelsey says. The bill before you does two things and even if the floor amendment is adopted I 'm still going to violate Mr. Jefferson's principle and vote against the entire bill, I want to make that known ahead of time. The sure issue to break it into two pieces. Whoa you buy a home it is subject to covenants or declaration. A contract between the home owners in the neighborhood. Typically those covenants say they only can be amend by a super majority vote. Most say 66% and some go as high as 80%. And that document is sort of like the constitution for your homeowners association. And it is a very important document because homeowners associations you give away your property rights when you buy a home in one of these. Your give away your property rights. And they have been frequently trying to get these' mended because they would like to get more power and make them -- they would like to change them, especially in the older associations. What the bill -- what tavardek said if you read the code what the code says is that if the homeowners' association tries to change the constitution and covenants you have one year to challenge after it becomes effective. And justice kelsey read through that and said effective means that is when the homeowners association jumps through the hoops to change the rules. One of the rules we placed on one of the rules we placed on them back if 1999 was that you can only change the documents by having every home owner sign a piece of paper saying I agree to change the constitution of my homeother thans association. A raising of the hands isn't sufficient. You is v. To get signatures and in that case the homeowners association did not get signatures and kelsey said it was never effective and you could challenge it. By changing it to recorded which is what the bill would do what you do is you basically immenuized the home owners association for break the law. So basic alabamaly the homeowners association could break the rules in terms of how they change it between home owners and file the piece of paper with land records and the home owner could only fight that for one year even if the laws or the rules or the process was broken. From my perspective that is wrong. Some can be as small or five ten houses. They are not professionally run. They are run by volunteers and I have seen them intentionally break rules and do things behind closed doors. I have seen them violate all kinds of rules. And what this does, it allows hoa boards to immunize them is the. They could sign off on adalat and itic is in land records and you would be barred from forever challenging it. Because I 'm sure all of you have looked in the land records to be sure what everybody has recorded against your home. I'm sure you all have, right? This just keeps the law the way it is. It has worked fine. The homeowners association industry doesn't like the decision. They thought justice kelsey was I will think taking that it out wrong. Of the bill will make it a I would hope we adopt the floor little better. Amendment.
[Unknown]
Thank you, Senator. The Senator from Stafford, Senator stewart.
[Unknown]
Thank you, Mr. President. Speaking to the motion.
[Unknown]
The Senator has the floor.
[Unknown]
Mr. President, I too must admit I will vote against the bill either way but this does make it a little better. The gentleman from farm bureau s exactly right. You literally could change the covenants and private people's private property rights and rockbridgerd that and you odd haven't a cause of action to fix it. There would be no way fix it. I hope it makes it a little more palatable even though it is a horrible bill to start with. I hope you all would support the amendment.
[Unknown]
The Senator from Mecklenburg, Senator Ruff .
Frank Ruff
Speak to the amendment. I would recommend that the amendment be rejected. This could make it less clear as to when it court challenge could be made.
[Unknown]
Thank you. The question is shall the floor amendment be agreed to. All in favor say aye. Those opposed, no. The ayes have it. The floor amendment is agreed to. The Senator from Fauquier County. [laughter]
Frank Ruff
The Senator from Mecklenburg, Senator Ruff. They are going up and down faster than I can count them.
Frank Ruff
I think that the gentleman from eastern Fairfax probably described the bill pretty well. I would also say that the bill -- I would move that the bill does pass. It immaniy makes the Virginia property owners' association act consistent with the condominium act on certifying amendments. Without the legislation it could void all prior changes previously made and voting no puts this into question of validity of hundreds of declarations amended in accordance with their requirements. I renew my motion.
[Unknown]
Thank you, Senator. The Senator from Franklin County, Senator Stanley .
Bill Stanley
Thank you, Mr. President. I rise to speak against this bill.
[Unknown]
The Senator has the floor.
Bill Stanley
Mr. President, you know, the Senator from eastern Fairfax is exactly correct. We have one of the most sacred things called property and the history of the ownership. Homeowners' association poa, hoa, whatever you want to call them is they are government created. Really the history of this government creation of quasilocal government is that otherwise a lot of the learn neighborhoods might create towns and cities and so in order to avoid that you allowed the homeowners associations to come together but in doing so it changes the whole context of your property and your rights within that to use your property. And you subject yourself when you buy a House to a homeowner's association. Part of the transaction is they give you the packet and say do you agree to the rules and if you do. You can move forward with the closing. If you don't, you can leave. You can reject the contract. Not lose your deposit or anything because these are rules that run with the land as we say in the law. They run with your title and your deed. And so when you set up these little governments this he have this incredible power this into change even after you signed on or agreed to what was existing in your property and in the cause of -- in the running with your deed, they can change it again. So I 'm reminded some of the best majority opinion writing I have read on these property other thans and homeowners association is found in the tararek case. 2016. Just happened. Just released. One year ago. In that the majority wrote code section 5'51"55 f is con peck with usually presize written by the general assembly Mr. President. It requires the certification to verify that the requisite majority signed the amendment or ratifications there of. Will is a difference between adopting an amendment and signing it or some written ratification. In theory, a requisite majority could simply make a show of hands at an association meeting and there by adopt an member. This code section demands the extra precaution of requiring that the members voting in favor verify that vote with their signatures. So no doubt as to discourage quarterliesome disputes between neighbors will who vote the for what and when. Powerful words, Mr. P. President.He goes on in the co. Remember, the general assembly created the homeowners association and did so with precision as is stated in the opinion. Justice kelsey says the Virginia property owners association act authorizes the creation and enforcement of restrictive covenants against nonconsenting landowners in a man erunknown, 81 known to the common law. The general assembly, us, however, police the imposition of these covenants with a host of strict procedural requirements. Not the least of which is the planely worded command that -- plainly recorded command that no recorded amendment shall be effective unless accompanied by a certification verifying that the requisite authority signed the amendment or a ratification of it in accordance with the code section that they are now trying to change to make it easier for them to change the rules under which they subjected themselves and are created by, Mr. President. Judge kelsey finishes in effect the general assembly created something entirely new to the law. That is the right to form private associations having power over land use and ownership while add precautions to honor the common law's ancient antipathy towards restrictions on the free use of private property. There is a reason why this is here. There is a reason why it should be here. And there serene why it should you are opening the door to stay here. Allow a certain few in your neighborhood change your ability to use and enjoy your real estate. Your property. That, ladies and gentlemen, because every speech that I have has this in it, is unamerican. And I urge this body to vote this down. Let us take careful consideration, let the housing commission or something else. Let's work on this. Let's not give the few the power to do that which they want to your property. And think you, Mr. President.
[Unknown]
Thank you, Senator. The Senator from James city county, Senator Norment .
Tommy Norment
Mr. President, I rise in support of the bill as amended and in spite of the inference that it is unamerican. But, I guess with all of the home owners association that have saturated Franklin County this has become quite an issue down there. Mr. President, a couple of thoughts. First of all, I concur that the general assembly absolutely did create this law. And consequently, because we did create it, we retain the inherent authority to amend it when we find that there is some frailties or as I have heard on the floor of the Senate on more than one occasion, perhaps when the courts don't get it exactly right and we need to provide that legislative guidance to them. And so I would say there is nothing inherently wrong with trying to amend this. First of all, the bill does bring in to conformity what most of the homeowners' associations have felt have been the law for many years. This is not something insidious to the homeowners when they purchase. The Senator was right, this is mandatory provisions under the law. Receive a disclosure package and have an absolute period of time where they can rescind or back out of the agreement if they don't like it. And one of the things that homeowners association do and I know that many of us in this body live in communities that have homeowners association, I bet some even in east beach if I was to look into it and it is a mini form of government and the purpose of those homeowners association not to strip orabbro gait but in fact to protect the property sigh sites of the entire community and those homeowners association governed by a board of directors elected in a similar fashion that those of us on the body are and I suggest that I don't believe there is anything unamerican about this. I don't believe this is anything insidious about it and I don't believe in fact it is depriving any one of the property rights that they have. But it is trying to bring in conformity and make sure that the homeowners' associations do have the right to continue to protect those property rights and that which is attendant to it. So, I suggest that it is the american way to vote for this
[Unknown]
Thank you, Senator. Bill. The Senator from Stafford, Senator stewart.
[Unknown]
Thank you, Mr. President. I rise to join with the gentleman from Franklin on this issue. And I tell you, when you buy in these associations you have restrictive covenants. You know what you are going to be subjected to. You know what you can do with your property. With your House. With your lot. And the general assembly years ago made it hard to change those and that is the way we want it to be. We want it to be hard to change those restrictions. And so regardless of what we heard about what the bill does. That the point here is what the bill does. If you actually read line 42. I would tell you that it doesn't call into question the validity of changes that May have been made by hoas prior to 2017. What this bill would do now is validate every change made by an hos prior to 2017 even if they broke the law and abrogates your rights as a property owner you a property owner have no right to go back and challenge that and get it fixed. That is what the bill really does now and we don't do that as a general' sembley as far as I know. We don't go back and say 100 people broke the law over the past 20 year prior to 2017 but we will validate what you did and say it is okay without even knowing what you did, what you did to do that. And I 'm sorry, victim, if you are victimized, you are just out of luck. That is what this bill does and I think it is the first time I have really ever seen us take an action like that. I would hope we would vote no on the bill.
[Unknown]
Thank you, Senator. The Senator from northern Chesapeake, Senator Spruill .
Lionell Spruill
Thank you, Mr. President. Mr. President, I 'm trying to -- I want to speak on the bill. A question to Senator Norment, please.
[Unknown]
Would the Senator from James city county yield for a question.
Lionell Spruill
With some reluctance.
[Unknown]
He is yielding, Senator .
[Unknown]
I'm trying to find out just saying and I 'm really against home owners, is this bill to certain part of the state. I know we have two states. Northern Virginia which is another state and we in Virginia. I'm trying to find out is this bill just for one part of the state or for everybody?
[Unknown]
The Senator from James city .
[Unknown]
Mr. President, I must confess I don't know how to answer that question.
[Unknown]
Well, Mr. President, know hog who put the bill in and certain parts of the state have a problem and they are trying to rectify the problem in that part of the state. I'm trying to find out I know Delegate Bulova put the bill in in northern Virginia. Do they have a problem to fix something in that part of the state and make it mandatory for the whole state.
[Unknown]
Thank you, Mr. President. I would say that even though this bill came out of an extraordinarily important jurisdiction it is not a parochial bill trying to fix a particular situation in any one locality. It, in fact, is addressing a statewide situation. It just happened to be that the case that went to the supreme court happened to come out of my backyard and unfortunately, I 'm not sure the court got it right.
[Unknown]
Thank you, Senator .
[Unknown]
Thank you, Senator. The junior Senator from Loudoun, Senator Wexton .
[Unknown]
Thank you, Mr. President. Speaking briefly to the bill. Mr. President, ladies and gentlemen of the Senate and I hesitate to speak to this because I am far from a big fan of the fourth level of government here. But I do think it is important that we understand exactly what this bill does and kind of how it came to be. This originally the sub sections d and f were introduced I guess by my predecessor who is now serving on the supreme court of Virginia. To address those situations where the declaration did not include a way to amend the declaration subsequent and so that is how we came up with this two thirds requirement. It is true that sub section d talks about a two thirds vote of the owners and that could be a show of hands but you can't stop readinged bill there. That is only one part of the process. The rest of the process involves the recognized which sit majority of lot other than executing the amendments. They all have to sign off on it before it is recorded. The decision that we keep talking about didn't say that that process wasn't followed. In fact, that was really a case where it was -- where it was reversed on a technicality which is truly was. Because in the certification that was filed with the land records, it indicated only that it had been approved by the two thirds majority of land -- of lot owners. Instead of signed by or executed by. So, it was truly just a technicality. I believe that with the floor amendment that the Senator from eastern Fairfax has put on the bill, we are not going to be grantfatherring in all of those declarations that were amended in a fault with manner so there is still a cause of action for them because those declarations are not effective. But I think that as we move forward it is important to be recognized what this bill actually does.
[Unknown]
Thank you, Senator. The senior Senator from Chesapeake. Senator Cosgrove .
John Cosgrove
Thank you, Mr. Chairman. I will be brief. Ladies and gentlemen of the Senate, be very careful with this bill. Homeowners associations can create great mischief. Most people think that the home owners socialation is just a quote civic league. They have great authority over your property. I live in an area with a homeowners' association and I have some experience with dealing with the homeowner's association that has not been responsive and effective and has not been transparent. You want to talk about unamerican. There is a homeowners association in northern Virginia that won't let you fly the american flag. That I would tell the gentleman from James city county is unamerican. Thank you, Mr. President.
[Unknown]
Thank you, Senator. The junior Senator from Virginia beach, Senator DeSteph .
Bill DeSteph
I am not an attorney around I didn't sleep at holiday inn last night. The basic premise is imagine you move into a community with a homeowners association and tells you what you need to do in the documents on how to appeal or change something. It is pretty simple. The supreme court decision did away with that and said that is not now you will do it. Now you is v. To throw out the way and here is what you is too do. Only approve it this way. Basically it creates confusion and the whole process. When you have confusion like that, what happens? Well, that is where you home owners association attorneys get involved and make a lot of money with this confusion that we are creating. So, if you support this bill, then you should vote for it. If you want to create confusion and make the homeowner's association attorneys very wealthy then you should vote against the bill. Thank you very much.
[Unknown]
The Senator from Alexandria, Senator Ebbin .
Adam Ebbin
Speaking briefly in favor of the bill the gentleman has the floor.
[Unknown]
I think the bill is clarifying and creates less lawyering if the homeowners association documents are silent, then 66% much of the people in writing can get them -- 67% I 'm told by counsel, can get it amended. When it is silent other base. If you want to is change there is no other way to inning chat documents. Let's make it easier and clarify this.
Adam Ebbin
Thank you, Senator. The Senator from Rockingham, Senator Obenshain .
Mark Obenshain
Very briefly. I want to clarify and maybe correct one statement made. This does not, this does not override the documents. It doesn't. This only operates when the documents are silent. So, if the -- if the documents are silent on the issue, the statute is going to be here for the hole purpose of providing an avenue for making an amendment. It does not change the organizational documents.
[Unknown]
Thank you, Senator. The Senator from eastern Fairfax County, Senator Surovell .
Scott Surovell
Speak the to the floor.
[Unknown]
The Senator has the floor.
Scott Surovell
Sitting on the desk is not an american flag but a Virginia flag and I thinking this bill is unvirginian. Virginia folks is one of the r. Places w. Where we prosect property rights and these hoss to understand the -- hoas, so understand the. Amount of power. A veteran amputee in georgia had a lien placed on his home because of a trash can. A north carolina man fined because he planted pansies in the common area trying to spruce it up. In california, somebody fined $25 a day for putting a christmas tree on the front door. In texas, somebody built a fence to protect the autistic son and when the hos did not respond to their request they put it up for 60 days and then they were typed. Arizona a man was fined for putting his pickup truck in his describeway. The court awarded him $187,000 of attorneys fees to vindicate the rights because the hoa had no business to tell imhe couldn't put the truck in his drives with. Texas, an iraqi serviceman lost his home to foreclosure for not paying $800 in fees while flying to action. Louisiana. A family sued for putting a small sign in the yard honoring the marine sons and other yards they had other signs. Cheterfield, Virginia. 3800 homes ordered to put $155 identical mailbox on the property. When they stood up and decided to paint it yellow they all got fined by the hos. Man that went to jail for not sodding his lawn. I can give you more and more. I have a 20 Page printout here of hoa horror stories. Is what these things can do if you empower them to do it. This is an $85 billion industry, folks. One in five americans live in these things. If you want to by a new House, probably 85% you will be in an hoa. You don't have a choice if you move into a new House. If you leave the law the way it is we make sure that if you want to take somebody's property rights you have to get somebody's signature on the document before you do this. That overrides that I documents if we leave the law the way it is. If we vote red we will override the documents and you have would have put the signature before it is effective and I think we ought to do it. People are unhappy with hoas,.
[Unknown]
I have a survey, I have a survey that was done by the coalition for community housing policy in the public interest. People who live in hoas, 84% think the biggest problem is lack of transparency. 76% lack of involvement. 6%68% inconsistent amlication of rules. They are out of control. They are not professionally run. They mess with people, folks. And from my perspective we shouldn't continue to feed the beast here. We need to vote this bill down. This bill needs to go to the housing commission where it can be properly studied because it affects probably millions of homes in Virginia. Literally millions. It ought to be properly studied before it comes here to be vote on and it is not ready for prime time.
[Unknown]
Thank you, Senator. The Senator from Alexandria .
[Unknown]
Would the Senator from James city county yield for a question or two?
[Unknown]
He is thinking about it, Senator .
[Unknown]
Yes, sir.
[Unknown]
He yields, Senator .
[Unknown]
I would ask the esteemed Senator and attorney to help me. Does this mean that in a homeowners association has a rule against flagpoles but I wanted to change them and it is silent with a two thirds vote could allow for the american flag to be flown in the homeowners association?
[Unknown]
The Senator from James city county.
Emmett Hanger
I don't know how to answer because there is underlying constitutional issues and I know that the flag has been waived from everywhere from Franklin County to Fairfax today on that. But the homeowners associations spell out the declarations on what is permitted and not permitted. And it would depend I think upon the individual homeowners association and what is allowed or not is allowed. I would say in the community that I live in, that a homeowner would not have the authority under the existing declarations at the time that I bought to put a flagpole up with any flag on it.
[Unknown]
Thank you, Senator .
[Unknown]
Briefly. Final comment on the bill, sir.
[Unknown]
Thank you, Senator .
[Unknown]
From reading the bill, I don't think it is full of homeowner horror stories. It there are no way to change the documents with two thirds vote you can. I don't think this is about taking power away from people. It is about giving two thirds if there is -- when he bought in a condo and I have before, if I don't look closely enough between the lines I assume it can be changed but I assume it isn't easily changed. This allows it to be changed with the two thirds majority. A simple bill, it is not a crazy outrageous encroachment on the people who live in the associations. With that, I hop hope we will vote yes.
Bill Stanley
The Senator from Stafford .
[Unknown]
Thank you, Mr. President. Nobody wishes to speak again? [laughter]
[Unknown]
Mr. President, I think it is important that everybody be clear. The law currently states today that you can change this would the two thirds majority. That is what the law is in Virginia. That is what the supreme court case actually said. This is trying to change that. It has beenameliorate some what about I the amendment. Put it to the gos gentleman from Alexandria, if you bought in an hoa and you were aplowed to fly the american flag in your yard and they changed that provision and they did it unlawfully, if you vote for this bill, you would never be able to challenge that because this would validate that unlawful amment. I would hope you vote red.
Bill Howell
Thank you, Senator. The question is shall House bill 1554 pass? All in favor of the motion wills aye, those opposed no. Are all the senators ready to v? Have all the senators voted? Do any senators desire to c hange their vote? The clerk will close the roll.
[Unknown]
Ayes 23, nos 17.
[Unknown]
Ayes 23, nos 17. The bill passes.
[Unknown]
House bill 1399. A bill relating to appointments to the state board of elections and local electoral boards proportion of political party representation. Reported from the the committee on privileges and elections.
[Unknown]
The Senator from Fauquier, Senator Vogel .
[Unknown]
Thank you, Mr. President. I move pass and of House bill 1399 and speaking to the motion.
[Unknown]
The Senator has the floor.
Ryan McDougle
The House bill changes the political party representation on the state board of elections and actually gives each party in control in the House and the Senate one person and does not change who appoints any members and that is it. I would ask that the bill pass.
[Unknown]
Thank you, Senator. The junior Senator from Loudoun, Senator Wexton .
[Unknown]
Thank you. Would the Senator from Fauquier yield for a yes?
[Unknown]
Would the Senator yield?
[Unknown]
I yield.
[Unknown]
She yields, Senator .
[Unknown]
I would inquire of the Senator is this the bill for local electoral boards?
[Unknown]
Mr. President, I would respond to the Senator by saying this is the bill that actually has to deal -- has to do with the state board of elections, not a local electoral board.
[Unknown]
No further questions.
[Unknown]
The Senator from Lynchburg, Senator p peake.
Mark Peake
Mr. President, would the lay day from Fauquier rise for a question? Yield for a yes?
[Unknown]
Without Senator yield?
Mark Peake
I yield.
[Unknown]
She yields.
[Unknown]
The question is if all three parties if one party has all three positions, I believe the bill provides that the other party gets at least one position. Do we add a fourth? Or is one of the three knocked out? That is what I have not understood.
[Unknown]
The bill says if all three are the same political party one member will represent the political party having the cast the next highest number of votes for governor at the last election. Would it would not add an additional person.
[Unknown]
Mr. President, without lady yield for another question?
[Unknown]
Would the Senator yield?
[Unknown]
I yield.
[Unknown]
She yields, Senator .
[Unknown]
Then who loses their ability to put somebody on the committee?
[Unknown]
The Senator from Fauquier .
[Unknown]
I would say that actually it would be the political party nobody loses. That gets to make the determination. But, in effect, if you are considering that each party one from the House and one from the Senate by sense is that the party would likely agree on a
Bill Howell
Thank you, senators. Candidate. The question is shall House bill 1399 pass. All in favor of the motion wille, those opposed no. Are all the senators ready to v? Have all the senators voted? Do any senators desire to c hange their vote? The clerk will close the roll.
[Unknown]
Ayes 19, nos 20.
[Unknown]
Ayes 19, nos 20. The bill does not pass.
[Unknown]
House bill 1409. A bill relating to technical adjustments of House of delegates in Senate districts reported from the committee on privileges and elections and one floor amendment.
[Unknown]
The Senator from Fauquier County, Senator Vogel .
[Unknown]
Mr. President.
[Unknown]
We have the floor amendment.
[Unknown]
The Senator has the floor.
[Unknown]
Mr. President, there have been a number of discussions related to House bill 1409. Specifically some questions related to constitutionality ander who issues and I would like to request that this bill be re-referred to the committee on privileges and elections.
[Unknown]
The question is shall the bill be recommitted to the committee on privileges and elections. All in favor say aye. Those opposed, no. The ayes have it. The bill is recommitted to privileges and elections.
[Unknown]
House bill 1598. A bill relating to voter registration proof of citizenship required to register to vote in certain elections.
[Unknown]
Mr. President.
[Unknown]
Reported from the committee on privileges and elections.
[Unknown]
The Senator from rock ham.
[Unknown]
Mr. President, there has been discussion concerning this bill and constitutional implications that have been raised. And accordly, I have about asked to ask that bill be recommitted to the committee on courts of justice to look at those constitutional issues.
[Unknown]
Thank you, Senator. The question is shall House bill 1598 be rereferred to the committee on privileges and did you say to privileges and elections?
[Unknown]
Court.
[Unknown]
To courting thank you. -- tocourts, that you. All in favor say aye. Those opposed, no. The ayes have it. The bill is repreferred.
[Unknown]
House bill 2092. A bill relating to application for public assistants review of records. -- public assistance review of records. The committee amendment has been adopted by the Senate .
[Unknown]
The nor have Augusta, Senator hang. >I move that the bill pass and would like to speak to that.
[Unknown]
The Senator has the floor.
[Unknown]
The only action the Senate finance committee took was to put the financing contingency clause which was previously adopted. The underlying intent is to provide additional review for additional income that one applying for assistance May have such as winning the lottery. So I would ask that the bill pass.
Mark Obenshain
Thank you, Senator. The question is shall House bill 2092 pass. All in favor of the motion wills aye, those opposed no. Are all the senators ready to v? Have all the senators voted? Do any senators desire to c hange their vote? The clerk will close the roll.
[Unknown]
Ayes.
[Unknown]
Ayes 22, nos 18.
[Unknown]
Ayes 22, nos 18. The bill passes.
[Unknown]
House bill 2351 a bill relating to unoccupied property grass cutting reported from the committee on local government.
[Unknown]
The Senator from Franklin County, Senator Stanley .
Bill Stanley
Thank you, Mr. President. I move reluctantly that h.B. 23e reluctant motion.
[Unknown]
The Senator has the floor.
Bill Stanley
Mr. President, member of the Senate you May remember this on a Friday we a had a special guest be a hind me which we do not have today. This bill allows in Buchanan County the government, the government, not the home owner's association the government to force you to cut your grass if it gets too call or if you don't, for it to cut the grass if you don't cut it and charge you for it. Mr. President, if I May in my motion make a parliamentier inquiry.
[Unknown]
Yes,. Due to the nature of thebill. In order for the bill to pass what is the vote requirement phone that?
[Unknown]
You need 27 yays, Senator .
[Unknown]
27.
[Unknown]
Yes, sir.
[Unknown]
So if you want short grass in Buchanan County I need 27 of you to get me across the finish line. But I will tell you this, Mr. President, that as we close the 2017 general assembly session I had a lot of bills killed over there in the House ever delegates. So is hard to argue for one of their bills. Near to impossible. Those kids that could have a chance at education don't get their bill passed that I sponsored but now the government wants to cut your grass and get those bills passed and now we hear from the thousand. It is not fair. Quite frankly, say it with me. It's unamerican. So for those reasons, Mr. President I now move that House bill 2351 pass. Thank you.
Scott Surovell
The Senator from Hanover, Senator McDougle .
Ryan McDougle
Thank you.
Scott Surovell
Would the gentleman yield for a question.
Ryan McDougle
I yield.
[Unknown]
He yields, shore.
[Unknown]
Senator.
[Unknown]
I noted the reason the bill is before us is because you cast an affirmative vote for it in the committee from which is sprung. I want to ask the gentleman how is it more american that a local government imposes upon your personal property rights what you have to do? What if I have sheep or goats or cows and I really want my grass to be high so they can have the food to forge throughout the winter?
[Unknown]
Let me answer my friend the gentleman next door. Number one hoe I saw it had Stanley as a yay vote to quote charles barkley when he wrote an auto biography, I 've been miss quoted. [laughter] I come from a long line of republican chairmen of local government who do not like grass cutting bills. And so therefore I join in your position that we -- if you want to keep your grass long, keep your glass long. I would remind the gentleman if he keeps saying grass and high too much he May sound like the Senator from James city on the bill for decriminalization.
Scott Surovell
Thank you, Senator. The Senator from Hanover .
[Unknown]
Mr. President. Speaking to the Senator 's statement. I would say that I 'm against grass that would make you high and against this bill. And I would ask that you vote red for both.
Bill Howell
The question is shall House bill 2351 pass. All in favor of the motion wills aye, those opposed no. Are all the senators ready to v? Have all the senators voted? Do any senators desire to c hange the clerk will close the roll. Their vote?
[Unknown]
Ayes ayes 21, nos 18.
[Unknown]
Ayes 21, nos 18. The grass can grow.
Mark Obenshain
House bill 1402. A bill relating to governing boards of public institution was of higher education leadership residency. Reported from the committee on education and health with a substitute.
Mark Obenshain
The nor from Bedford, Senator Newman .
Mark Obenshain
I move that the committee substitute be agreed to.
[Unknown]
The question is should the committee substitute be agreed to. All in favor say aye. Those opposed, no. The ayes have it. The substitute is agreed to. The Senator from Bedford .
[Unknown]
Mr. President, with the substitute on this bill, it is a bill that speaks to the rector and vice rector of a public institution of higher education and the residents requirement on the floor of the Senate. We amended the bill that came through the Senate that stated that either or would have to be Virginia residents and that we end up looking at and maybe would not allow someone who was formerly a vice rector to become the rector and this fibs that problem and I hope he would would pass the bill.
Bill Howell
The question is should House bill 1402 pass. All in favor of the motion wills opposed no. Are all the senators ready to v? Aye, those have all the senators voted? Do any senators desire to c hange their vote? The clerk will close the roll.
[Unknown]
Ayes 30, nos 9.
[Unknown]
Ayes 30, nos 9. The bill passes.
[Unknown]
House bill 1490 a bill relating to school board members who engage in war service or called to active duty in the armed forces of the united states appointment of acting school board members. Reported to the -- committee on education.
[Unknown]
I would like for House bill 1490 to go bifor the day.
[Unknown]
Thank you. It will go bye for the day.
[Unknown]
14514 a bill relating to the report of disabilities of drivers reported from the committee on education and health.
[Unknown]
The Senator from Bedford, Senator Newman .
Steve Newman
I move that the bill pass and speaking to the motion.
[Unknown]
The Senator has the floor.
Steve Newman
Mr. President, this bill you have seen before in the form of Senate bill 10, 24, Senator Dunnavant 's bill. Mr. President, this is a bill that provides that certain doctors and physician assistants and physical therapies will have the ability to report information to the dmv in the case of these particular disabilities. Mr. President, we have had the bill earlier this bill now is identical and I hope that we would agree to the bill.
Bill Howell
Thank you, Senator. The request he is shall House bill 1514 pass? All in favor of the motion willy e, those opposed no. Are all the senators ready to v? Have all the senators voted? Do any senators desire to c hange their vote? The clerk will close the roll.
[Unknown]
Ayes 37, nos 3.
[Unknown]
Ayes 37, nos 3. The bill passes.
[Unknown]
House bill 1456. A little relating to juror information confidentiality. Reported from the committee for courts of justice with
[Unknown]
The Senator from rocking ham. Amendment.
[Unknown]
I move the committee amendments be agreed to.
[Unknown]
The question is shall the committee amendments be agreed all in favor say aye. To? Those opposed, no. The ayes have it,.
[Unknown]
The committee amendments are agreed to. The Senator from Rockingham .
[Unknown]
I move the bill pass and speaking to the bill. The bill really doesn't do as much as most supreme had initially thought this bill did. It is intended to address situation which jurors' personal information is made ail veil avo criminal defendants and there have been a number of incidents in which there have been threats made by criminal defendants following their convictions. I again -- against persons who have served on juries. What this dose is it prevents the disclosure of this personal information or limits the disclosure of this personal information except upon showing good cause. Followingtheir being impaneled as a juror. It doesn't prevent the court from making available to council who have go through -- to counsel who can go through the list of potential jurors prior to a jury being impaneled. It is an important part of preparation and I -- handling the trial. It doesn't impair that. And Mr. President, it simply limits the disclosure after the fact and really rose from a case in the northern Shenandoah valley outside of my district in the district of the Senator from Fauquier in which a criminal defendant was prosecuted and tried for a capital murder case and afterwards asked for a copy of his file. And got the file and the lawyer had left in the personal information identifying information of the persons who actually were impaneled and served on the jury and so the criminal defendant proceeded to send letters out to each of the individual members of the jury threatening to burn down their houses and heck what is an extra few years tacked on to a life sentence. So this would address that. And would prevent those disclosures under those circumstances.
[Unknown]
Thank you, Senator. The Senator from eastern Fairfax County, Senator Surovell .
Scott Surovell
The gentleman from Rockingham yield for a question?
Mark Obenshain
Would the Senator from Rockingham yield? Yes.
Scott Surovell
Yields, Senator .
[Unknown]
I'm sorry I wasn't on the committee and I haven't had a chance to raise this. I had a up can of questions about this -- a couple of questions about in. Normally when I get a jury list from clerk it has the information where they live and employer what they do for a living and the spouse's employer. Does this bill in any way limit council's ability to get that kind of information assess whether a jury error has a conflict or ought to be questioned about that?
[Unknown]
The Senator from Rockingham .
[Unknown]
I would direct Senator 's attention to the language in sections a and b. [please stand by] secondary issue I have, often what happened in a jury room, specifically whether a decision was unanimous, or something inappropriate happened becomes important in subsequent appeals in a case. Particularly in a lot of these death penalty cases, what May or May not have happened with the jury is important. So these innocent project people often want to interview jurors to ask them, to find out if there was anything inappropriate that occurred. With this provision sort of limit the access by third-parties to that information so they could talk to jurors to assess not everything was above board in the deliberation?
[Unknown]
Senator from Rockingham .
[Unknown]
I would submit that it does not limit the ability of a court to make those disclosures. If you look in paragraph a towards the end, it says, an order regulating the disclosure of information May be modified and the name and home addresses of the jurors in a criminal case May be disseminated, May be disseminated, to a person having a legitimate interest or need for the information with restrictions on its use and further dissemination as May be deemed appropriate for the court. I would submit that the innocence project or post-trial counsel would clearly qualify as individuals having a legitimate interest in that information.
[Unknown]
Would the gentleman yield for additional question?
[Unknown]
He yields, Senator .
[Unknown]
While I recognize it gives the court discretion, it doesn't mandate that, which worries me a little bit. The other question, as often the press would like to contact jurors to find out why they decided what they did, or, you know, what the discussion was, that kind of thing. Is it accurate to say that this would also limit the press's ability to find out information about jurors so they can talk to them about their decision?
[Unknown]
Senator from Rockingham .
[Unknown]
I would respectfully submit that those same -- that same discretion is best with the court, with respect to that as well. And I would think that the press would certainly prior to impanelment have access to the jury panel list, and my guess is that even after trial they can get the list of all of the members of the panel that -- from which the jurors were selected. It May require a little bit more shoe leather, but that's what these outstanding members of the media are paid for.
[Unknown]
Thank you, Senator .
[Unknown]
I thank the gentleman.
[Unknown]
Thank you. The Senator from Fairfax city, Senator Petersen .
Chap Petersen
Thank you, Mr. President. Mr. President, ladies and gentlemen of the Senate, I am not crazy about this bill, and I 'm trying to put my finger on why that is. One of the things that I notice, and I understand that it is just jurors that have been impanelled, so theoretically it doesn't restrict your right to obtain information in voir dire. But what it does, it treats differently pro se defendants versus those defendants that have counsel. Because if you are a pro se defendant, you are entitled to all information. You have to be treated just the same as if you are a member of the bar, and so they would have access to the information. But if you are represented by a -- an attorney, then the attorney has to take this information, view it in camera where he can't share it with his client shall and there's already rules right now if you are an attorney that you can't give information to your client, or you shouldn't do anything to encourage them to commit a crime, but typically, in a case where you have a jury, you are going to share information with your client. So if you happen to know that, you know, one of the jurors works at a certain place, or their spouse works at a certain place, that's something you are going to discuss with your clooint when you come and formulate a strati for the case. -- client. I think bypassing this bill -- by passing this bill, I don't quite know why we are doing this, because we already have a system that to the best of my knowledge hasn't resulted in anybody's harm. I think frankly we are diminishing someone's right to confrontation, their right to a jury trial. If we are going to treat a pro-say defendant differently than someone represented by counsel. So I understand that criminal defendants might do something stupid, and they might make threats against jurors, but you you know what, they are already in a penitentiary at that point, okay? There's probably -- and by the way, they can find the judge and the prosecutor just by looking in the phone book. If one still existed, of course. So I think this bill, it May be seeking to solve a problem, but I think it limits your ability to counsel, and frankly, it is not that great an idea.
[Unknown]
Thank you, Senator. The Senator from Russell County, Senator Chafin .
Ben Chafin
Thank you, Mr. President, ladies and gentlemen of the Senate. This bill does a whole lot of things that just are utter and I will tell you why: nonsense.
[Unknown]
Why?
Ben Chafin
Thank you. [ laughter ] this bill creates a myth. It creates some type of a myth that somehow these people don't have that information. Because if the trial lawyer was doing their job in the first place, they would have discussed every bit of it with them, as the jury was being impanelled. Every bit of that information would have been given to your client, and I suggest to you that if it isn't given to them, you are committing malpractice. You are not letting them know who is on that jury. You are not letting them know how that person might have a bias, or prejudice. You are not going over all those things with them that are absolutely critically necessary for you to represent individuals in a jury trial. So this bill says, well, never mind that the horse has already gotten out of the barn, that you did your job, and you did what you were supposed to do, but now if you turn around or somebody says that you gave it to them after the jury was impanelled, somebody is in a lot of trouble. That's what it says. That's what this bill stands for. And I urge all of you to vote this bill down. It's a bad bill.
[Unknown]
Thank you, Senator. The Senator from Rockingham, Senator Obenshain .
Mark Obenshain
Mr. President, members of the Senate. This is not a solution in search of a problem, this is a bill that is in response to a specific problem. If you think that it is not traumatic to members of the jury to get a letter from somebody you have just sentenced for capital murder, saying that they have contacts, and they are going to have your House burned to the ground, you are wrong. It is a minimum that we can do to pass this bill. This bill does not, contrary to what my friend from Russell County 's assertions, it does not impair your ability to counsel with your client. It deals solely with situation in which that criminal defendant who has been sentenced writes to the court and says send me the list of all the people who served on my jury, together with their addresses and personal information. I want to know whether they are married, I want to know where they work, I want to know where they are -- they live. Under this bill, that clerk is not going to be able to do that. Under the current law, the clerk probably has an absolute duty to do that. This is a modicum of protection that we are providing to people who step up and provide that important community service, and public service by agreeing to serve on our criminal juries. We need to provide them with that poe -- protection.
[Unknown]
Gentleman yield for a question?
Mark Obenshain
Would the Senator yield?
[Unknown]
I would ask the gentleman what if the defendant or in this case the convict, is on death row, or wherever he is, he writes a letter to his counsel and says "send me from your file the notes on the jury panel," which is my property under our attorney-client relationship. Send me the notes to your file so I can study that. Would that not be a violation. Statute?
[Unknown]
The Senator from Rockingham .
[Unknown]
Mr. President, I would say absolutely, it is a violation of the statute, and in order to send it, you would have to go to the court and say there is good cause for providing this, if it's simply because my client wants to harass, threaten, or intimidate those jurors, then the court would be well advised and well grounded in denying a finding of good cause. However, if there is a legitimate reason, and good cause, they are absolutely permitted to exercise that discretion and allow you the ability to share that list with your client.
[Unknown]
Further question, Mr. Chair.
[Unknown]
Would the Senator yield for an additional question?
[Unknown]
Yes.
[Unknown]
He yields, Senator .
[Unknown]
What if the innocence project or john grisham or the "new York times" or whom ever decides to take an interest in my case because of possible juror bias, or because of some other possible issue and they would like to see the file. And I would like them to help me, because I am on death row. I got no other options. Are they not allowed to look -- am I not allowed to give them that information?
[Unknown]
Senator from Rockingham .
[Unknown]
Mr. President, as I explained to the Senator from southern Fairfax, the answer to that is absolutely. They can get that. This statute provides a means for a person having a legitimate interest or need for the information to access that information, and absolutely submit that somebody like the innocence project, or capital defense clinical program at any of our law schools would be an entity with a legitimate interest in that information.
[Unknown]
Thank you, senators. Senator from Roanoke city, Senator Edwards .
John Edwards
Mr. President, speaking against this bill. What this bill does is unduly and unnecessarily restrict the rights of litigants in a criminal case to information that's important to defending the case and maybe even on appeal with regard to the jury. Already in the law it states: the court May upon motion of either party or the court's own motion, and for good cause shown, issue an order regulating the disclosure of personal information of jurors except to the attorney. The court can already do this. It is unnecessarily -- it is unnecessary to have this, but in addition, it unduly restricts the rights -- this has already been pointed out -- of litigants who have information which is necessary. Thank you. I hope you vote no, Mr. President.
[Unknown]
Thank you, Senator. The question is shall House bill
John Edwards
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 21, no's 19.
[Unknown]
Ayes 21, no's 19. The bill passes.
[Unknown]
Mr. President?
[Unknown]
The Senator from James city county, Senator Norment .
Tommy Norment
Thank you, Mr. President. Returning to Page 43 of the calendar, sir, having voted on the prevailing side by which Senate bill 1402 passed, I would ask that we reconsider that vote, sir.
Bill Howell
Thank you, Senator. The question is shall the vote by which House bill 1402 passed 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. The clerk will close the roll ayes 39, no's 1.
Tommy Norment
Ayes 39, no's 1, the motion is agreed to. The Senator from Bedford .
[Unknown]
Mr. President, having previously been explained, this is the bill related to rectors and vice rectors.
Bill Howell
The question is shall House bill 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 26, no's 14.
[Unknown]
Ayes 2 of, no's 14, the court-ordered custody and visitation arrangements, transmission of order to child's school, reported from committee for courts of justice with amendments.
[Unknown]
Mr. President?
[Unknown]
Mr. President?