TUESDAY, FEBRUARY 5, 2008

Transcription

1 Tuesday, February 5, JOURNAL OF THE SENATE TUESDAY, FEBRUARY 5, 2008 The Senate met at 12 m. and was called to order by Lieutenant Governor William T. Bolling. The Reverend Dr. Bryan E. Smith, First Baptist Church, Roanoke, Virginia, offered the following prayer: Lord we thank You for Your many blessings and abundant mercies we have received. We praise Your name and confess that You still govern in the affairs of men today. Once again we come asking for Your hand of favor to abide upon this assembly. Forgive us for our sins and give to our Senate the blessings of faith, wisdom, discernment and humility as they seek direction for the affairs of our Commonwealth and may their decisions be in accordance with Your will. With grateful hearts and in the name of our Lord and Savior Jesus Christ we pray. Amen. The roll was called and the following Senators answered to their names: Barker, Blevins, Colgan, Cuccinelli, Deeds, Edwards, Hanger, Herring, Houck, Howell, Hurt, Locke, Lucas, Marsh, Martin, McDougle, McEachin, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Quayle, Reynolds, Ruff, Saslaw, Smith, Stolle, Stosch, Stuart, Vogel, Wagner, Wampler, Watkins, Whipple. A quorum was present. On motion of Senator Norment, the reading of the Journal was waived. YEAS--38. NAYS--0. YEAS--Barker, Blevins, Colgan, Cuccinelli, Deeds, Edwards, Hanger, Herring, Houck, Howell, Hurt, Locke, Lucas, Marsh, Martin, McDougle, McEachin, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Petersen, Puller, Quayle, Reynolds, Ruff, Saslaw, Smith, Stolle, Stosch, Stuart, Vogel, Wagner, Wampler, Watkins, Whipple--38. NAYS--0. The following communication was received: HOUSE COMMUNICATION In the House of Delegates February 4, 2008 THE HOUSE OF DELEGATES HAS PASSED THE FOLLOWING HOUSE BILLS: H.B. 14. A BILL to amend and reenact :3 of the Code of Virginia, relating to the admission of illegal aliens at institutions of higher education. H.B A BILL to amend and reenact of the Code of Virginia and to amend the Code of Virginia by adding a section numbered :1, relating to unearned premium reserves of certain title insurance companies.

2 JOURNAL OF THE SENATE Tuesday, February 5, 2008 H.B A BILL to amend and reenact of the Code of Virginia, relating to local animal pounds. H.B A BILL to amend the Code of Virginia by adding in Title 59.1 a chapter numbered 23.1, consisting of sections numbered through , relating to the sale of cigarettes with reduced ignition propensity; civil penalties. H.B A BILL to amend the Code of Virginia by adding a section numbered , relating to speed limits on rural rustic roads. H.B A BILL to amend the Code of Virginia by adding a section numbered :1, relating to enforcement authority for MS4 localities; penalties. H.B A BILL to amend and reenact of the Code of Virginia, relating to appeals from local boards decisions regarding the Chesapeake Bay Preservation Act. H.B A BILL to amend and reenact and of the Code of Virginia, relating to emergency calls on multiline telephone systems. H.B A BILL to establish the responsibility of the Governor or other eligible authority to enter into an agreement concerning the enforcement of immigration laws. H.B A BILL to amend and reenact of the Code of Virginia, relating to animal welfare. H.B A BILL to amend and reenact and of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 7 of Title 19.2 a section numbered , relating to reports on alien status of jail and correctional facility inmates. H.B A BILL to amend and reenact of the Code of Virginia, relating to coordination of water quality information by the Secretary of Natural Resources. H.B A BILL to amend and reenact of the Code of Virginia, relating to bear hunting. H.B A BILL to designate the entire length of Newman Road in Fairfax County a Virginia byway. H.B A BILL to amend and reenact of the Code of Virginia, relating to annual payments for forest protection. H.B A BILL to amend and reenact of the Code of Virginia and to amend the Code of Virginia by adding a section numbered , relating to establishing an apprentice hunting license. H.B A BILL to amend the Code of Virginia by adding in Title 59.1 a chapter numbered 35.1, consisting of sections numbered and , relating to security freezes. H.B A BILL to amend and reenact :01 of the Code of Virginia, relating to the disposition of unclaimed property; credit union accounts. H.B A BILL to direct the Board of Education to develop a plan to withdraw from participation in the federal No Child Left Behind Act.

3 Tuesday, February 5, JOURNAL OF THE SENATE H.B A BILL to amend and reenact of the Code of Virginia, relating to subleasing properties to state employees. H.B A BILL to amend and reenact of the Code of Virginia, relating to continuing education for funeral directors and embalmers. H.B A BILL to amend and reenact of the Code of Virginia, relating to stream mitigation banks and land-disturbing activities. IN WHICH ACTION IT REQUESTS THE CONCURRENCE OF THE SENATE. /s/ Bruce F. Jamerson Clerk, House of Delegates On motion of Senator Saslaw, the Rules were suspended and the reading of the communication from the House of Delegates was waived. YEAS--39. NAYS--0. YEAS--Barker, Blevins, Colgan, Cuccinelli, Deeds, Edwards, Hanger, Herring, Houck, Howell, Hurt, Locke, Lucas, Marsh, Martin, McDougle, McEachin, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Quayle, Reynolds, Ruff, Saslaw, Smith, Stolle, Stosch, Stuart, Vogel, Wagner, Wampler, Watkins, Whipple--39. NAYS--0. The House bills communicated as passed by the House of Delegates, the first reading of their titles required by the Constitution having been dispensed with, were referred as follows: H.B. 14, H.B. 1425, and H.B were referred to the Committee on Education and Health. H.B. 116, H.B. 228, H.B. 546, H.B. 1311, and H.B were referred to the Committee on Commerce and Labor. H.B. 207, H.B. 392, H.B. 528, H.B. 673, H.B. 886, H.B. 1115, H.B. 1175, H.B. 1448, and H.B were referred to the Committee on Agriculture, Conservation and Natural Resources. H.B. 326 and H.B were referred to the Committee on Transportation. H.B. 623 and H.B. 824 were referred to the Committee on General Laws and Technology. H.B. 820 was referred to the Committee for Courts of Justice. COMMITTEE REPORTS The following bills, having been considered by the committee in session, were reported by Senator Saslaw from the Committee on Commerce and Labor: S.B. 145 (one hundred forty-five) with substitute. S.B. 161 (one hundred sixty-one) with amendments. S.B. 320 (three hundred twenty) with substitute.

4 JOURNAL OF THE SENATE Tuesday, February 5, 2008 S.B. 322 (three hundred twenty-two). S.B. 612 (six hundred twelve). S.B. 697 (six hundred ninety-seven) with substitute. S.B. 718 (seven hundred eighteen). The following bill, having been considered by the committee in session, was recommended for rereferral by the Committee on Education and Health: S.B. 140 (one hundred forty) with the recommendation that it be rereferred to the Committee on Finance. The following bills, having been considered by the committee in session, were reported by Senator Colgan from the Committee on Finance: S.B. 99 (ninety-nine) with substitute. S.B. 169 (one hundred sixty-nine). S.B. 244 (two hundred forty-four). S.B. 248 (two hundred forty-eight). S.B. 284 (two hundred eighty-four). S.B. 288 (two hundred eighty-eight). S.B. 296 (two hundred ninety-six). S.B. 317 (three hundred seventeen) with amendment. S.B. 350 (three hundred fifty) with amendment. S.B. 358 (three hundred fifty-eight). S.B. 382 (three hundred eighty-two). S.B. 405 (four hundred five) with substitute. S.B. 467 (four hundred sixty-seven) with amendment. S.B. 468 (four hundred sixty-eight). S.B. 490 (four hundred ninety) with substitute. S.B. 538 (five hundred thirty-eight) with amendment. S.B. 543 (five hundred forty-three) with amendments. S.B. 559 (five hundred fifty-nine) with substitute. S.B. 590 (five hundred ninety) with substitute. S.B. 609 (six hundred nine). S.B. 668 (six hundred sixty-eight) with substitute. S.B. 678 (six hundred seventy-eight). S.B. 728 (seven hundred twenty-eight). S.B. 729 (seven hundred twenty-nine) with amendments. S.B. 775 (seven hundred seventy-five). S.B. 140 was rereferred to the Committee on Finance. INTRODUCTION OF LEGISLATION Pursuant to the provisions of House Joint Resolution No. 31 and Senate Rule 26 (g), Senator Puller introduced a joint resolution; subsequently, the following was presented and laid on the Clerk s Desk: S.J.R Commending Joseph Viar, Jr. Patron--Puller

5 Tuesday, February 5, JOURNAL OF THE SENATE Pursuant to the provisions of House Joint Resolution No. 31 and Senate Rule 11 (b), Senator Howell introduced a joint resolution; subsequently, the following was presented, ordered to be printed, and referred: S.J.R Confirming appointments by the Governor of certain agency heads and persons. Patron--Howell Referred to Committee on Privileges and Elections Pursuant to the provisions of House Joint Resolution No. 31 and Senate Rule 26 (g), Senator Blevins introduced a joint resolution; subsequently, the following was presented and laid on the Clerk s Desk: S.J.R Celebrating the life of George W. Quarles, Jr. Patrons--Blevins, Lucas, Miller, Y.B. and Quayle; Delegates: Cosgrove, Howell, A.T., Joannou, Jones, S.C., Melvin and Spruill Pursuant to the provisions of House Joint Resolution No. 31 and Senate Rule 26 (g), Senator Herring introduced joint resolutions; subsequently, the following were presented and laid on the Clerk s Desk: S.J.R Commending Dr. David T. Clark and the Loudoun Archaeological Foundation. Patron--Herring S.J.R Celebrating the life of Norma Bornarth. Patron--Herring At 12:20 p.m., Senator Saslaw moved that the Senate recess until 12:50 p.m. The motion was agreed to. The hour of 12:50 p.m. having arrived, the Chair was resumed. CALENDAR SENATE BILLS ON THIRD READING Senator Saslaw moved that the following Senate bills, the titles of the bills having been printed in the Calendar for their third reading as required by Article IV, Section 11, of the Constitution, be placed before the Senate by number only: S.B. 107 (one hundred seven). S.B. 112 (one hundred twelve). S.B. 123 (one hundred twenty-three). S.B. 141 (one hundred forty-one). S.B. 254 (two hundred fifty-four). S.B. 303 (three hundred three). S.B. 309 (three hundred nine). S.B. 310 (three hundred ten). S.B. 313 (three hundred thirteen). S.B. 314 (three hundred fourteen). S.B. 328 (three hundred twenty-eight). S.B. 364 (three hundred sixty-four).

6 JOURNAL OF THE SENATE Tuesday, February 5, 2008 S.B. 418 (four hundred eighteen). S.B. 441 (four hundred forty-one). S.B. 447 (four hundred forty-seven). S.B. 463 (four hundred sixty-three). S.B. 539 (five hundred thirty-nine). S.B. 580 (five hundred eighty). S.B. 636 (six hundred thirty-six). S.B. 640 (six hundred forty). S.B. 655 (six hundred fifty-five). S.B. 681 (six hundred eighty-one). S.B. 696 (six hundred ninety-six). S.B. 741 (seven hundred forty-one). S.B. 760 (seven hundred sixty). The motion was agreed to. Senator Saslaw moved that the passage of the Senate bills that follow be considered en bloc. The motion was agreed to. On motion of Senator Saslaw, the following Senate bills were passed en bloc with their titles: S.B. 107 (one hundred seven). S.B. 112 (one hundred twelve). S.B. 123 (one hundred twenty-three). S.B. 141 (one hundred forty-one). S.B. 254 (two hundred fifty-four). S.B. 303 (three hundred three). S.B. 309 (three hundred nine). S.B. 310 (three hundred ten). S.B. 313 (three hundred thirteen). S.B. 314 (three hundred fourteen). S.B. 328 (three hundred twenty-eight). S.B. 364 (three hundred sixty-four). S.B. 418 (four hundred eighteen). S.B. 441 (four hundred forty-one). S.B. 447 (four hundred forty-seven). S.B. 463 (four hundred sixty-three). S.B. 539 (five hundred thirty-nine). S.B. 580 (five hundred eighty). S.B. 636 (six hundred thirty-six). S.B. 640 (six hundred forty). S.B. 655 (six hundred fifty-five). S.B. 681 (six hundred eighty-one). S.B. 696 (six hundred ninety-six). S.B. 741 (seven hundred forty-one). S.B. 760 (seven hundred sixty).

7 Tuesday, February 5, JOURNAL OF THE SENATE YEAS--39. NAYS--0. YEAS--Barker, Blevins, Colgan, Cuccinelli, Deeds, Edwards, Hanger, Herring, Houck, Howell, Hurt, Locke, Lucas, Marsh, Martin, McDougle, McEachin, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Quayle, Reynolds, Ruff, Saslaw, Smith, Stolle, Stosch, Stuart, Vogel, Wagner, Wampler, Watkins, Whipple--39. NAYS--0. S.B. 496 (four hundred ninety-six), on motion of Senator Northam, was passed by for the day. S.B. 19 (nineteen) was taken up. Senator Edwards moved that S.B. 19 be passed with its title. Senator Newman moved, as a substitute motion, that S.B. 19 be recommitted to the Committee for Courts of Justice and continued to the 2009 Regular Session of the General Assembly, pursuant to Senate Rule 20 (f). The question was put on recommitting S.B. 19 to the Committee for Courts of Justice and continuing the bill to the 2009 Regular Session of the General Assembly, pursuant to Senate Rule 20 (f). The yeas and nays were called for; and, being desired by one-fifth of the Senators present, the yeas and nays were ordered. YEAS--22. NAYS--17. YEAS--Blevins, Cuccinelli, Hanger, Hurt, Locke, Lucas, Marsh, Martin, McDougle, McEachin, Newman, Norment, Obenshain, Quayle, Ruff, Smith, Stolle, Stosch, Stuart, Vogel, Wagner, Wampler--22. NAYS--Barker, Colgan, Deeds, Edwards, Herring, Houck, Howell, Miller, J.C., Miller, Y.B., Northam, Petersen, Puckett, Puller, Reynolds, Saslaw, Watkins, Whipple--17. The motion was agreed to. S.B. 19 was recommitted to the Committee for Courts of Justice and continued to the 2009 Regular Session of the General Assembly, pursuant to Senate Rule 20 (f). STATEMENT ON VOTE Senator Stosch stated that he was recorded as voting yea on the question of recommitting S.B. 19 to the Committee for Courts of Justice and continuing the bill to the 2009 Regular Session pursuant to Senate Rule 20 (f), whereas he intended to vote nay. S.B. 710 (seven hundred ten), on motion of Senator Saslaw, was passed by for the day. S.B. 155 (one hundred fifty-five), on motion of Senator McEachin, was passed by for the day. S.B. 202 (two hundred two) was read by title the third time and, on motion of Senator Quayle, was passed with its title.

8 JOURNAL OF THE SENATE Tuesday, February 5, 2008 YEAS--29. NAYS--9. RULE YEAS--Barker, Blevins, Colgan, Deeds, Edwards, Herring, Houck, Howell, Locke, Lucas, Marsh, McEachin, Miller, J.C., Miller, Y.B., Norment, Northam, Petersen, Puckett, Puller, Quayle, Reynolds, Saslaw, Stolle, Stuart, Vogel, Wagner, Wampler, Watkins, Whipple--29. NAYS--Cuccinelli, Hanger, Hurt, Martin, McDougle, Newman, Obenshain, Ruff, Smith--9. RULE 36--Stosch--1. S.B. 263 (two hundred sixty-three) was read by title the third time and, on motion of Senator Deeds, was passed with its title. YEAS--38. NAYS--1. YEAS--Barker, Blevins, Colgan, Cuccinelli, Deeds, Edwards, Hanger, Herring, Houck, Howell, Hurt, Locke, Lucas, Marsh, Martin, McDougle, McEachin, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Quayle, Reynolds, Ruff, Saslaw, Stolle, Stosch, Stuart, Vogel, Wagner, Wampler, Watkins, Whipple--38. NAYS--Smith--1. S.B. 298 (two hundred ninety-eight) was read by title the third time and, on motion of Senator Whipple, was passed with its title. YEAS--21. NAYS--14. RULE YEAS--Barker, Blevins, Colgan, Edwards, Herring, Houck, Howell, Locke, Lucas, Marsh, Miller, J.C., Miller, Y.B., Norment, Petersen, Puller, Quayle, Saslaw, Stolle, Vogel, Wagner, Whipple--21. NAYS--Cuccinelli, Deeds, Hanger, Hurt, Martin, McDougle, Newman, Obenshain, Puckett, Ruff, Smith, Stuart, Wampler, Watkins--14. RULE 36--Stosch--1. RECONSIDERATION Senator Saslaw moved to reconsider the vote by which S.B. 298 (two hundred ninety-eight) was passed with its title. The motion was agreed to. YEAS--38. NAYS--0. YEAS--Barker, Blevins, Colgan, Cuccinelli, Deeds, Edwards, Hanger, Herring, Houck, Howell, Hurt, Locke, Lucas, Marsh, Martin, McDougle, McEachin, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Quayle, Reynolds, Ruff, Saslaw, Smith, Stolle, Stuart, Vogel, Wagner, Wampler, Watkins, Whipple--38. NAYS--0. S.B. 298, on motion of Senator Whipple, was passed with its title.

9 Tuesday, February 5, JOURNAL OF THE SENATE YEAS--23. NAYS--15. RULE YEAS--Barker, Blevins, Colgan, Edwards, Herring, Houck, Howell, Locke, Lucas, Marsh, McEachin, Miller, J.C., Miller, Y.B., Norment, Northam, Petersen, Puller, Quayle, Saslaw, Stolle, Vogel, Wagner, Whipple--23. NAYS--Cuccinelli, Deeds, Hanger, Hurt, Martin, McDougle, Newman, Obenshain, Puckett, Reynolds, Ruff, Smith, Stuart, Wampler, Watkins--15. RULE 36--Stosch--1. S.B. 301 (three hundred one) was read by title the third time and, on motion of Senator Whipple, was passed with its title. YEAS--21. NAYS--18. YEAS--Barker, Colgan, Deeds, Edwards, Herring, Houck, Howell, Locke, Lucas, Marsh, McEachin, Miller, J.C., Miller, Y.B., Norment, Northam, Puckett, Puller, Reynolds, Saslaw, Stolle, Whipple--21. NAYS--Blevins, Cuccinelli, Hanger, Hurt, Martin, McDougle, Newman, Obenshain, Petersen, Quayle, Ruff, Smith, Stosch, Stuart, Vogel, Wagner, Wampler, Watkins--18. S.B. 330 (three hundred thirty) was read by title the third time and, on motion of Senator Quayle, was passed with its title. YEAS--39. NAYS--0. YEAS--Barker, Blevins, Colgan, Cuccinelli, Deeds, Edwards, Hanger, Herring, Houck, Howell, Hurt, Locke, Lucas, Marsh, Martin, McDougle, McEachin, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Quayle, Reynolds, Ruff, Saslaw, Smith, Stolle, Stosch, Stuart, Vogel, Wagner, Wampler, Watkins, Whipple--39. NAYS--0. S.B. 347 (three hundred forty-seven) was read by title the third time and, on motion of Senator Blevins, was passed with its title. YEAS--28. NAYS--10. RULE YEAS--Barker, Blevins, Colgan, Deeds, Edwards, Herring, Houck, Howell, Locke, Lucas, Marsh, McEachin, Miller, J.C., Miller, Y.B., Norment, Northam, Petersen, Puckett, Puller, Quayle, Reynolds, Saslaw, Stolle, Stuart, Vogel, Wagner, Wampler, Whipple--28. NAYS--Cuccinelli, Hanger, Hurt, Martin, McDougle, Newman, Obenshain, Ruff, Smith, Watkins--10. RULE 36--Stosch--1. S.B. 395 (three hundred ninety-five) was read by title the third time. Senator Edwards moved that S.B. 395 be passed with its title.

10 JOURNAL OF THE SENATE Tuesday, February 5, 2008 The question was put on passing S.B. 395 with its title. S.B. 395 was defeated with its title. YEAS--10. NAYS--28. YEAS--Colgan, Edwards, Howell, Locke, Lucas, Marsh, McEachin, Miller, J.C., Northam, Whipple--10. NAYS--Barker, Blevins, Cuccinelli, Deeds, Hanger, Herring, Houck, Hurt, Martin, McDougle, Newman, Norment, Obenshain, Petersen, Puckett, Puller, Quayle, Reynolds, Ruff, Saslaw, Smith, Stolle, Stosch, Stuart, Vogel, Wagner, Wampler, Watkins--28. S.B. 501 (five hundred one) was read by title the third time. Senator Locke moved that S.B. 501 be passed with its title. PARLIAMENTARY INQUIRY Senator Watkins propounded a parliamentary inquiry as to whether S.B. 501 could be considered, the Senate having previously passed broader legislation on the same activity. The Chair stated that S.B. 501 was properly before the Senate. The Chair stated further that the Senate s passage of broader legislation did not preclude the Senate s passage of more restrictive legislation on the same subject. The question was put on passing S.B. 501 with its title. S.B. 501 was passed with its title. YEAS--28. NAYS--10. RULE YEAS--Barker, Blevins, Colgan, Deeds, Edwards, Herring, Houck, Howell, Locke, Lucas, Marsh, McEachin, Miller, J.C., Miller, Y.B., Norment, Northam, Petersen, Puckett, Puller, Quayle, Reynolds, Saslaw, Stolle, Stuart, Vogel, Wagner, Wampler, Whipple--28. NAYS--Cuccinelli, Hanger, Hurt, Martin, McDougle, Newman, Obenshain, Ruff, Smith, Watkins--10. RULE 36--Stosch--1. S.B. 556 (five hundred fifty-six) was read by title the third time and, on motion of Senator Obenshain, was passed with its title. YEAS--28. NAYS--10. YEAS--Blevins, Colgan, Cuccinelli, Edwards, Hanger, Houck, Howell, Hurt, Lucas, Martin, McDougle, Miller, J.C., Newman, Norment, Obenshain, Petersen, Puckett, Puller, Quayle, Reynolds, Ruff, Smith, Stosch, Stuart, Vogel, Wagner, Wampler, Watkins--28. NAYS--Barker, Deeds, Herring, Locke, Marsh, McEachin, Miller, Y.B., Northam, Saslaw, Stolle--10.

11 Tuesday, February 5, JOURNAL OF THE SENATE S.B. 560 (five hundred sixty) was read by title the third time and, on motion of Senator Obenshain, was passed with its title. YEAS--24. NAYS--14. YEAS--Blevins, Deeds, Hanger, Herring, Houck, Hurt, Martin, McDougle, Miller, J.C., Newman, Norment, Obenshain, Puckett, Quayle, Reynolds, Ruff, Smith, Stolle, Stosch, Stuart, Vogel, Wagner, Wampler, Watkins--24. NAYS--Barker, Colgan, Cuccinelli, Edwards, Howell, Locke, Lucas, Marsh, McEachin, Northam, Petersen, Puller, Saslaw, Whipple--14. S.B. 592 (five hundred ninety-two) was read by title the third time and, on motion of Senator Norment, was passed with its title. YEAS--39. NAYS--0. YEAS--Barker, Blevins, Colgan, Cuccinelli, Deeds, Edwards, Hanger, Herring, Houck, Howell, Hurt, Locke, Lucas, Marsh, Martin, McDougle, McEachin, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Quayle, Reynolds, Ruff, Saslaw, Smith, Stolle, Stosch, Stuart, Vogel, Wagner, Wampler, Watkins, Whipple--39. NAYS--0. S.B. 628 (six hundred twenty-eight), on motion of Senator Saslaw, was passed by for the day. SENATE BILLS ON SECOND READING Senator Saslaw moved that the engrossment of the Senate bills that follow be considered en bloc. The motion was agreed to. Senator Saslaw moved that the following Senate bills, the titles of the bills having been printed in the Calendar for their second reading as required by Article IV, Section 11, of the Constitution, be placed before the Senate by number only: S.B. 28 (twenty-eight). S.B. 150 (one hundred fifty). S.B. 171 (one hundred seventy-one). S.B. 228 (two hundred twenty-eight). S.B. 370 (three hundred seventy). S.B. 607 (six hundred seven). S.B. 653 (six hundred fifty-three). S.B. 691 (six hundred ninety-one). S.B. 747 (seven hundred forty-seven). S.B. 787 (seven hundred eighty-seven). The motion was agreed to. S.B. 28 (twenty-eight) was taken up.

12 JOURNAL OF THE SENATE Tuesday, February 5, 2008 The amendment in the nature of a substitute proposed by the Committee on Rehabilitation and Social Services was offered, having been printed separately, with its title reading as follows: A BILL to amend the Code of Virginia by adding a section numbered , relating to child-friendly visiting rooms in state correctional facilities. The reading of the substitute was waived. On motion of Senator Miller, Y.B., the substitute was agreed to. S.B. 150 (one hundred fifty) was taken up. The following amendments proposed by the Committee on Finance were offered: 1. Line 22, introduced all of lines 22 and Line 24, introduced, after line That the provisions of this act shall not become effective unless an appropriation of general funds effectuating the purposes of this act is included in a general appropriations act passed by the 2008 General Assembly, which becomes law. The reading of the amendments was waived. On motion of Senator Edwards, the amendments were agreed to. S.B. 171 (one hundred seventy-one) was taken up. The amendment in the nature of a substitute proposed by the Committee on Rehabilitation and Social Services was offered, having been printed separately, with its title reading as follows: A BILL to amend and reenact , , , , , , , and of the Code of Virginia, relating to adoption by former stepparents. The reading of the substitute was waived. On motion of Senator Blevins, the substitute was agreed to. S.B. 228 (two hundred twenty-eight) was taken up. The amendment in the nature of a substitute proposed by the Committee on Rehabilitation and Social Services was offered, having been printed separately, with its title reading as follows: A BILL to amend and reenact of the Code of Virginia, relating to mandatory reporters of child abuse. The reading of the substitute was waived. On motion of Senator McDougle, the substitute was agreed to.

13 Tuesday, February 5, JOURNAL OF THE SENATE S.B. 370 (three hundred seventy) was taken up. The amendment in the nature of a substitute proposed by the Committee on Transportation was offered, having been printed separately, with its title reading as follows: A BILL to authorize promulgation of the comprehensive highway access management standards in phases and to amend and reenact the fourth enactments of Chapter 863 and Chapter 928 of the Acts of Assembly of 2007, relating to powers of the Commonwealth Transportation Commissioner, entrance connections to highways, and comprehensive highway access management standards. The reading of the substitute was waived. On motion of Senator Watkins, the substitute was agreed to. S.B. 607 (six hundred seven) was taken up. The following amendments proposed by the Committee on Transportation were offered: 1. Line 23, introduced, after using a tow truck owned by a dealer 2. Line 24, introduced, after dealer when the dealer does not receive compensation from the vehicle owner for towing of the vehicle The reading of the amendments was waived. On motion of Senator Stolle, the amendments were agreed to. S.B. 653 (six hundred fifty-three) was taken up. The amendment in the nature of a substitute proposed by the Committee on Rules was offered, having been printed separately, with its title reading as follows: A BILL to amend and reenact of the Code of Virginia, as it is currently effective and as it may become effective, and to amend the Code of Virginia by adding in Chapter 25 of Title 2.2 an article numbered 9, consisting of sections numbered through , relating to the creation of the Southwest Virginia Cultural Heritage Commission. The reading of the substitute was waived. On motion of Senator Wampler, the substitute was agreed to. S.B. 691 (six hundred ninety-one) was taken up. The following amendments proposed by the Committee on Transportation were offered: 1. Line 22, introduced, after amounts specified in , and insurance providing coverage for towing, recovery, and storage fees,

14 JOURNAL OF THE SENATE Tuesday, February 5, Line 28, introduced, after damage liability insurance, and insurance providing coverage for towing, recovery, and storage fees, 3. Line 36, introduced, after the direction of law-enforcement officers or in providing a public safety towing and recovery service as defined in , a law-enforcement agency, 4. Line 81, introduced, after vehicle; or 5. Line 81, introduced, after in clause (i) remainder of line 81, all of lines 82 through 84 and through security on line 85 or; (iii) is an employee, agent, or representative of an insurance company representing any party involved in a collision that resulted in a police-requested tow who represents in writing that the insurance company has obtained the oral or written consent of the title owner or his agent or the lessee of the vehicle to obtain possession of the vehicle. Thereafter, if a towing and recovery business refuses to release the vehicle, future charges related to storage or handling of the vehicle by such towing and recovery business shall be suspended and no longer payable 6. Line 87, introduced, after charges by cash, insurance company check, insurance company check, The reading of the amendments was waived. On motion of Senator Watkins, the amendments were agreed to. S.B. 747 (seven hundred forty-seven) was taken up. The following amendments proposed by the Committee on Rules were offered: 1. Line 95, introduced, after Delegates. The Commission shall elect a chairman and vice-chairman from among its membership. 2. Line 110, introduced, after Funding for the costs of compensation and expenses of the members shall be provided by the Secretary of Public Safety.

15 Tuesday, February 5, JOURNAL OF THE SENATE 3. Line 120, introduced, after Department. The findings shall be submitted for publication as a report document as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly s website. The reading of the amendments was waived. On motion of Senator Stolle, the amendments were agreed to. S.B. 787 (seven hundred eighty-seven) was taken up. The following amendment proposed by the Committee on Rules was offered: 1. Line 110, introduced, after 2. remainder of line 110 and all of lines 111 and 112 For its first year of existence, if the Commission is not funded by a separate appropriation in the Appropriation Act, the Commission may be funded from the operating budgets of the Clerk of the Senate and the Clerk of the House of Delegates upon the approval of the Joint Rules Committee. If the Commission is not funded by a separate appropriation in the Appropriation Act for any year thereafter, this chapter shall expire on July 1 of the fiscal year that the Commission fails to receive such funding. The reading of the amendment was waived. On motion of Senator Herring, the amendment was agreed to. On motion of Senator Saslaw, the following Senate bills were ordered en bloc to be engrossed and read by title the third time: S.B. 28 (twenty-eight) as amended. S.B. 150 (one hundred fifty) as amended. S.B. 171 (one hundred seventy-one) as amended. S.B. 228 (two hundred twenty-eight) as amended. S.B. 370 (three hundred seventy) as amended. S.B. 607 (six hundred seven) as amended. S.B. 653 (six hundred fifty-three) as amended. S.B. 691 (six hundred ninety-one) as amended. S.B. 747 (seven hundred forty-seven) as amended. S.B. 787 (seven hundred eighty-seven) as amended. S.B. 76 (seventy-six) was read by title the second time. The amendment in the nature of a substitute proposed by the Committee for Courts of Justice was offered, having been printed separately, with its title reading as follows: A BILL to amend and reenact of the Code of Virginia, relating to the Law-Enforcement Officers Procedural Guarantee Act.

16 JOURNAL OF THE SENATE Tuesday, February 5, 2008 The reading of the substitute was waived. Senator Cuccinelli moved that the substitute be rejected. Senator Stolle moved, as a substitute motion, that S.B. 76 be recommitted to the Committee for Courts of Justice and continued to the 2009 Regular Session of the General Assembly, pursuant to Senate Rule 20 (f). The question was put on recommitting S.B. 76 to the Committee for Courts of Justice and continuing the bill to the 2009 Regular Session of the General Assembly, pursuant to Senate Rule 20 (f). The motion was rejected. The question was put on agreeing to the substitute. The substitute was rejected. Senator Marsh offered an amendment in the nature of a substitute, having been printed separately, with its title reading as follows: A BILL to amend and reenact of the Code of Virginia, relating to the Law-Enforcement Officers Procedural Guarantee Act. Senator Marsh withdrew the substitute. Senator Cuccinelli offered the following amendments to the substitute offered by the Committee for Courts of Justice: 1. Line 23, substitute, after representation. Such attorney or other representative, and the obtaining thereof, shall not delay the questioning or other request for information of the officer under this section. Neither counsel nor other representative, if used, shall serve on behalf of an officer in an investigation in which such counsel or other representative is a witness of fact in the investigation. 2. Line 31, substitute, after investigation. remainder of line 31 and all of line 32 In the event that the chief law-enforcement officer, or his designee, determines that the preservation of public safety requires immediate disclosure of information from a law-enforcement officer following a particular incident, then such officer shall be provided his rights against self incrimination, including that anything he says may be used against him in a criminal proceeding, that he has the right to refuse to answer if the disclosure would tend to incriminate him, and that failure to answer will not be used as a reason to remove him from his law-enforcement position and the 24-hour notice period in this subsection shall be waived. Senator Cuccinelli withdrew the amendments.

17 Tuesday, February 5, JOURNAL OF THE SENATE Senator Stosch offered an amendment in the nature of a substitute, having been printed separately, with its title reading as follows: A BILL to amend and reenact and of the Code of Virginia, relating to the Law-Enforcement Officers Procedural Guarantee Act. Senator Stosch withdrew the substitute. Senator Cuccinelli offered an amendment in the nature of a substitute, having been printed separately, with its title reading as follows: A BILL to amend and reenact of the Code of Virginia, relating to the Law-Enforcement Officers Procedural Guarantee Act. On motion of Senator Cuccinelli, the reading of the substitute was waived. Senator Cuccinelli moved that the substitute be agreed to. Senator Saslaw moved, as a substitute motion, that S.B. 76 be recommitted to the Committee for Courts of Justice. PARLIAMENTARY INQUIRY Senator Cuccinelli propounded a parliamentary question as to whether the motion offered by Senator Saslaw to recommit S.B. 76 to the Committee for Courts of Justice was in order, if the motion offered by Senator Saslaw was the same motion previously offered by Senator Stolle and rejected by the Senate. The Chair stated that the two motions were different. The Chair stated further that the motion offered by Senator Stolle was to recommit S.B. 76 to the Committee for Courts of Justice to be continued to the 2009 Regular Session pursuant to Senate Rule 20 (f), and the motion offered by Senator Saslaw was to recommit S.B. 76 to the Committee for Courts of Justice without continuing the bill to the 2009 Regular Session. The Chair stated that the motion offered by Senator Saslaw to recommit S.B. 76 to the Committee for Courts of Justice was therefore in order. The question was put on recommitting S.B. 76 to the Committee for Courts of Justice. The motion was agreed to. S.B. 76 was recommitted to the Committee for Courts of Justice. S.B. 20 (twenty) was read by title the second time. The following amendments proposed by the Committee on General Laws and Technology were offered: 1. Line 14, introduced, after monoxide detectors alarms 2. Line 20, introduced, after monoxide detector alarm

18 JOURNAL OF THE SENATE Tuesday, February 5, Line 23, introduced, after monoxide detectors alarms 4. Line 24, introduced, after monoxide detectors alarms 5. Line 26, introduced, after monoxide detectors alarms 6. Line 28, introduced, after monoxide detectors alarms The reading of the amendments was waived. Senator Edwards moved that the amendments be rejected. The question was put on agreeing to the amendments. The amendments were rejected. Senator Edwards offered an amendment in the nature of a substitute, having been printed separately, with its title reading as follows: A BILL to amend and reenact of the Code of Virginia, relating to carbon monoxide alarms in certain buildings. On motion of Senator Edwards, the reading of the substitute was waived. On motion of Senator Edwards, the substitute was agreed to. On motion of Senator Edwards, the bill was ordered to be engrossed and read by title the third time. S.B. 652 (six hundred fifty-two), on motion of Senator Hanger, was passed by for the day.

19 Tuesday, February 5, JOURNAL OF THE SENATE S.B. 371 (three hundred seventy-one) was read by title the second time. The amendment in the nature of a substitute proposed by the Committee on Transportation was offered, having been printed separately, with its title reading as follows: A BILL to amend and reenact and :1.1 of the Code of Virginia, relating to the Statewide Rail Plan. The reading of the substitute was waived. On motion of Senator Watkins, the substitute was agreed to. On motion of Senator Watkins, the bill was ordered to be engrossed and read by title the third time. S.B. 387 (three hundred eighty-seven) was read by title the second time and, on motion of Senator Martin, was ordered to be engrossed and read by title the third time. S.B. 644 (six hundred forty-four) was read by title the second time and, on motion of Senator Saslaw, was ordered to be engrossed and read by title the third time. S.B. 754 (seven hundred fifty-four), on motion of Senator Herring, was passed by for the day. SENATE BILLS ON FIRST READING Senator Saslaw moved that the Rules be suspended and the first reading of the titles of the following Senate bills as required by Article IV, Section 11, of the Constitution, be dispensed with: S.B. 232 (two hundred thirty-two). S.B. 272 (two hundred seventy-two). S.B. 329 (three hundred twenty-nine). S.B. 413 (four hundred thirteen). S.B. 552 (five hundred fifty-two). S.B. 566 (five hundred sixty-six). S.B. 620 (six hundred twenty). S.B. 621 (six hundred twenty-one). S.B. 679 (six hundred seventy-nine). S.B. 699 (six hundred ninety-nine). S.B. 748 (seven hundred forty-eight). S.B. 764 (seven hundred sixty-four). S.B. 234 (two hundred thirty-four). S.B. 450 (four hundred fifty). S.B. 529 (five hundred twenty-nine). S.B. 657 (six hundred fifty-seven). S.B. 717 (seven hundred seventeen). S.B. 735 (seven hundred thirty-five). S.B. 788 (seven hundred eighty-eight). The motion was agreed to.

20 JOURNAL OF THE SENATE Tuesday, February 5, 2008 YEAS--39. NAYS--0. YEAS--Barker, Blevins, Colgan, Cuccinelli, Deeds, Edwards, Hanger, Herring, Houck, Howell, Hurt, Locke, Lucas, Marsh, Martin, McDougle, McEachin, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Quayle, Reynolds, Ruff, Saslaw, Smith, Stolle, Stosch, Stuart, Vogel, Wagner, Wampler, Watkins, Whipple--39. NAYS--0. On motion of Senator Saslaw, the following Senate bills were passed by for the day: S.B. 232 (two hundred thirty-two). S.B. 272 (two hundred seventy-two). S.B. 329 (three hundred twenty-nine). S.B. 413 (four hundred thirteen). S.B. 552 (five hundred fifty-two). S.B. 566 (five hundred sixty-six). S.B. 620 (six hundred twenty). S.B. 621 (six hundred twenty-one). S.B. 679 (six hundred seventy-nine). S.B. 699 (six hundred ninety-nine). S.B. 748 (seven hundred forty-eight). S.B. 764 (seven hundred sixty-four). S.B. 234 (two hundred thirty-four). S.B. 450 (four hundred fifty). S.B. 529 (five hundred twenty-nine). S.B. 657 (six hundred fifty-seven). S.B. 717 (seven hundred seventeen). S.B. 735 (seven hundred thirty-five). S.B. 788 (seven hundred eighty-eight). SENATE JOINT RESOLUTIONS ON SECOND READING Senator Saslaw moved that the engrossment of the Senate joint resolutions that follow be considered en bloc. The motion was agreed to. Senator Saslaw moved that the following Senate joint resolutions, the titles of the joint resolutions having been printed in the Calendar for their second reading, be placed before the Senate by number only: S.J.R. 17 (seventeen). S.J.R. 28 (twenty-eight). S.J.R. 31 (thirty-one). S.J.R. 42 (forty-two). S.J.R. 66 (sixty-six). S.J.R. 74 (seventy-four). S.J.R. 77 (seventy-seven). S.J.R. 89 (eighty-nine).

21 Tuesday, February 5, JOURNAL OF THE SENATE S.J.R. 126 (one hundred twenty-six). S.J.R. 128 (one hundred twenty-eight). S.J.R. 133 (one hundred thirty-three). The motion was agreed to. S.J.R. 17 (seventeen) was taken up. The following amendments proposed by the Committee on Rules were offered: 1. Line 43, introduced, after Assembly, and shall submit its final report no later than the first day of the 2010 Regular Session of the General Assembly 2. Line 43, introduced, after executive summary summaries 3. Line 44, introduced, after and report reports The reading of the amendments was waived. On motion of Senator Deeds, the amendments were agreed to. S.J.R. 31 (thirty-one) was taken up. The amendment in the nature of a substitute proposed by the Committee on Rules was offered, having been printed separately, with its title reading as follows: Requesting the Department of Corrections to report on the pilot study of the use of a risk assessment instrument for parole determinations, work release programs and other community activities. Report. The reading of the substitute was waived. On motion of Senator Puller, the substitute was agreed to. S.J.R. 42 (forty-two) was taken up. The amendment in the nature of a substitute proposed by the Committee on Rules was offered, having been printed separately, with its title reading as follows: Requesting the Joint Commission on Health Care to study mental health reform. Report. The reading of the substitute was waived.

22 JOURNAL OF THE SENATE Tuesday, February 5, 2008 On motion of Senator Lucas, the substitute was agreed to. S.J.R. 66 (sixty-six) was taken up. The amendment in the nature of a substitute proposed by the Committee on Rules was offered, having been printed separately, with its title reading as follows: Directing the Joint Legislative Audit and Review Commission to study implications of granting fiscal autonomy to elected school boards in the Commonwealth. Report. The reading of the substitute was waived. On motion of Senator Blevins, the substitute was agreed to. S.J.R. 77 (seventy-seven) was taken up. The following amendments proposed by the Committee on Rules were offered: 1. Line 20, introduced, after costs; and WHEREAS, the Joint Legislative Audit and Review Commission is currently conducting a study pursuant to House Joint Resolution 683 and Senate Joint Resolution 395 from the 2007 Session of the General Assembly that is examining the impact of substance abuse on State and local expenditures and potential investments in substance abuse services that could maximize savings to the Commonwealth; 2. Line 24, introduced, after membership of Line 24, introduced, after consist of eight five 4. Line 25, introduced, after follows: three two 5. Line 26, introduced, after Rules; five three

23 Tuesday, February 5, JOURNAL OF THE SENATE 6. Line 35, introduced, after with voting nonvoting 7. Line 53, introduced, after $ 9,200 6,200 The reading of the amendments was waived. On motion of Senator Hanger, the amendments were agreed to. S.J.R. 126 (one hundred twenty-six) was taken up. The following amendment proposed by the Committee on Rules was offered: 1. Line 28, introduced, after to the Governor, General Assembly and the chairman of the The reading of the amendment was waived. On motion of Senator Stolle, the amendment was agreed to. S.J.R. 128 (one hundred twenty-eight) was taken up. The amendment in the nature of a substitute proposed by the Committee on Rules was offered, having been printed separately, with its title reading as follows: Directing the Joint Commission on Health Care to study the feasibility, advisability, and necessity of considering the competence of licensed health care professionals who are not granted deemed status as a condition of license renewal. Report. The reading of the substitute was waived. On motion of Senator Houck, the substitute was agreed to. S.J.R. 133 (one hundred thirty-three) was taken up. The amendment in the nature of a substitute proposed by the Committee on Rules was offered, having been printed separately, with its title reading as follows: Requesting the Department of Health to study long-term options for the disposal of low-level radioactive waste. Report. The reading of the substitute was waived. On motion of Senator McEachin, the substitute was agreed to.

24 JOURNAL OF THE SENATE Tuesday, February 5, 2008 On motion of Senator Saslaw, the following Senate joint resolutions were ordered en bloc to be engrossed and read by title the third time: S.J.R. 17 (seventeen) as amended. S.J.R. 28 (twenty-eight). S.J.R. 31 (thirty-one) as amended. S.J.R. 42 (forty-two) as amended. S.J.R. 66 (sixty-six) as amended. S.J.R. 74 (seventy-four). S.J.R. 77 (seventy-seven) as amended. S.J.R. 89 (eighty-nine). S.J.R. 126 (one hundred twenty-six) as amended. S.J.R. 128 (one hundred twenty-eight) as amended. S.J.R. 133 (one hundred thirty-three) as amended. SENATE RESOLUTION ON SECOND READING S.R. 3 (three) was read by title the second time and, on motion of Senator Whipple, was ordered to be engrossed and read by title the third time. INTRODUCTION OF LEGISLATION Pursuant to the provisions of House Joint Resolution No. 31 and Senate Rule 26 (g), Senator Herring introduced a joint resolution; subsequently, the following was presented and laid on the Clerk s Desk: S.J.R Commending the Town of Leesburg on the occasion of its 250th anniversary. Patrons--Herring and Vogel; Delegates: Caputo, Marshall, R.G., May, Poisson and Rust OTHER BUSINESS Pursuant to Senate Rule 26 (f), the Clerk reported that Senator Northam had been added as a co-patron of S.B. 293 (two hundred ninety-three). Pursuant to Senate Rule 26 (f), the Clerk reported that Delegate Armstrong had been added as a co-patron of S.B. 580 (five hundred eighty). Pursuant to Senate Rule 26 (f), the Clerk reported that Delegate Eisenberg had been added as a co-patron of S.B. 761 (seven hundred sixty-one). On motion of Senator Houck, a leave of absence for the day was granted Senator Ticer on account of personal illness.

25 Tuesday, February 5, JOURNAL OF THE SENATE On motion of Senator Colgan, the Senate adjourned until tomorrow at 12 m. William T. Bolling President of the Senate Susan Clarke Schaar Clerk of the Senate