MONDAY, JANUARY 16, 2012

Transcription

1 JOURNAL OF THE SENATE Monday, January 16, 2012 MONDAY, JANUARY 16, 2012 The Senate met at 12 m. and was called to order by Lieutenant Governor William T. Bolling. The Reverend Canon J. Fletcher Lowe, Jr., Retired Executive Director, Virginia Interfaith Center for Public Policy, Richmond, Virginia, offered the following prayer: Let us pray, O God, our Governor, how exalted is Your name in all the world. As we celebrate this day the life and witness of Martin Luther King, Jr., we look to You to guide us as we join with him in helping the arc of the moral universe bend toward justice. We look to You to guide the efforts of each of these Senators and their aides as they work for the good of the Commonwealth, that the words of the prophet Amos may ever ring true: let justice flow like a river and righteousness like a never failing torrent. Support them as they, among the many filters they use party, constituent, personal to primarily use the filter of Your justice in discerning the legislative decisions they make. We ask this, O God of Justice, in Your holy name. Amen. The roll was called and the following Senators answered to their names: Barker, Black, Blevins, Carrico, Colgan, Deeds, Ebbin, Edwards, Favola, Garrett, Hanger, Herring, Howell, Locke, Lucas, Marsden, Marsh, Martin, McDougle, McEachin, McWaters, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Reeves, Ruff, Saslaw, Smith, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins. A quorum was present. On motion of Senator Garrett, the reading of the Journal was waived. The recorded vote is as follows: YEAS--38. NAYS--2. RULE YEAS--Barker, Black, Blevins, Carrico, Colgan, Ebbin, Edwards, Favola, Garrett, Hanger, Herring, Howell, Locke, Lucas, Marsden, Marsh, Martin, McDougle, McEachin, McWaters, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Puckett, Puller, Reeves, Ruff, Saslaw, Smith, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins--38. NAYS--Deeds, Petersen--2. RULE The following communication was received: HOUSE COMMUNICATION THE HOUSE OF DELEGATES HAS PASSED THE FOLLOWING HOUSE BILL: In the House of Delegates January 13, 2012 H.B A BILL to amend and reenact of the Code of Virginia, to amend the Code of Virginia by adding a section numbered , and to repeal of the Code of Virginia, relating to congressional districts. THE HOUSE OF DELEGATES HAS AGREED TO THE FOLLOWING HOUSE JOINT RESOLUTIONS:

2 Monday, January 16, JOURNAL OF THE SENATE H.J.R. 1. Celebrating the life of Patricia Roupas Sotos. H.J.R. 8. Commending the Hidden Valley High School boys 200-yard medley relay swim team. H.J.R. 10. Commending the Virginia Aquarium & Marine Science Center. H.J.R. 11. Commending Oak Grove Baptist Church on the occasion of its 250th anniversary. H.J.R. 14. Celebrating the life of the Honorable Lemuel Early DeBerry. H.J.R. 15. Celebrating the life of A.B. Harrelson, M.D. H.J.R. 16. Celebrating the life of Guy Milton Cheatham, Jr. H.J.R. 20. Celebrating the life of Gayle G. Arnold, M.D. H.J.R. 21. Celebrating the life of David K. Wiecking, M.D. H.J.R. 24. Celebrating the life of the Honorable Leslie Longstreet Mason, Jr. H.J.R. 25. Commending Dr. Nancy Hoover. H.J.R. 26. Celebrating the life of Alice Clarke Lynch. H.J.R. 28. Celebrating the life of Bruce Samuel Paone. H.J.R. 29. Celebrating the life of Suzanne Savedge Wescoat. H.J.R. 30. Celebrating the life of the Reverend Dr. Charles F. Mapp. H.J.R. 31. Celebrating the life of William Revell Lewis, Jr. H.J.R. 32. Commending the Cave Spring High School girls 200-yard freestyle relay swim team. H.J.R. 33. Commending Kristin Harter and Emily Seibert. H.J.R. 34. Commending Rochelle Evans. H.J.R. 35. Commending the Christiansburg High School wrestling team. H.J.R. 36. Commending the Hidden Valley High School girls track team. H.J.R. 37. Commending Kristin Harter. H.J.R. 38. Commending Lauren Gray. H.J.R. 39. Commending Leah Piemonte. H.J.R. 40. Commending Patrick O Keefe. H.J.R. 41. Commending Annie Houston LeHardy.

3 JOURNAL OF THE SENATE Monday, January 16, 2012 H.J.R. 42. Commending Alexander Nicholas Vance. H.J.R. 43. Commending Alexandria Kinsley Colby Horn. H.J.R. 44. Commending Haley Cutright. H.J.R. 45. Commending Travis Hudson. H.J.R. 46. Commending Jerry Campbell. H.J.R. 47. Commending Milan Tobacconists on the occasion of its 100th anniversary. H.J.R. 48. Commending Company C, 1st Battalion, 116th Infantry Regiment of the Virginia National Guard. H.J.R. 53. Commending Catherine Muldoon. H.J.R. 54. Commending Physicians for Peace. H.J.R. 55. Celebrating the life of Edith M. Harrington. H.J.R. 56. Commending the Lee-Davis High School softball team. H.J.R. 57. Commending the Virginia Agricultural Experiment Station. H.J.R. 58. Commending the Reverend Dr. Robert D. Friend. H.J.R. 59. Commending Marshall W. Trammell, Jr. H.J.R. 60. Celebrating the life of Charles Glenn Rosemond III. H.J.R. 61. Commending the Randolph-Macon College volleyball team. H.J.R. 67. Commending the Patient Advocate Foundation on the occasion of its 15th anniversary. H.J.R. 68. Commending Care Net Resource Pregnancy Center. H.J.R. 69. Celebrating the life of Adam Maynard Bowen. H.J.R. 70. Celebrating the life of Ronald Dare Hundley. H.J.R. 72. Celebrating the life of the Reverend Dr. William James Marshall. H.J.R. 73. Celebrating the life of Dorothy Rouse-Bottom. H.J.R. 74. Celebrating the life of Elmon Taylor Gray, former member of the Senate of Virginia. H.J.R. 75. Celebrating the life of Sabra Ann Bonds Bratton. H.J.R. 76. Celebrating the life of Arthur Jan Jernigan. H.J.R. 77. Celebrating the life of Mary Frances Coles.

4 Monday, January 16, JOURNAL OF THE SENATE H.J.R. 78. Celebrating the life of Ulysses Randolph. H.J.R. 79. Commending Sweet Union Baptist Church on the occasion of its 100th anniversary. H.J.R. 80. Commending Marion Ware. H.J.R. 81. Commending the Jefferson Forest High School boys soccer team. H.J.R. 82. Commending Frances Atkins Foster. H.J.R. 83. Commending Peter Holland Luke. H.J.R. 99. Commending John Strother Pearson. H.J.R Celebrating the life of James Warren Geurin. H.J.R Celebrating the life of Julia Anderson Williams. H.J.R Commending the Plaza Volunteer Rescue Squad. H.J.R Commending the Cave Spring High School volleyball team. H.J.R Commending Shane Wolfe. H.J.R Commending Menchville House Ministries, Inc. H.J.R Commending Patsy Joyner. H.J.R Commending George and Laura Price. H.J.R Commending Holly Frost. H.J.R Commending RideFinders. H.J.R Commending Brad Kennedy. H.J.R Commending the Oscar Smith High School football team. H.J.R Commending Kate Trussell. H.J.R Commending the Centreville High School football team. H.J.R Commending Margaret A. Focarino. H.J.R Commending WETA on the occasion of its 50th anniversary. H.J.R Commending the Fairfax Choral Society. H.J.R Commending the Poquoson Little League 9-10 Baseball All-Star team. H.J.R Commending the Poquoson Little League Baseball All-Star team.

5 JOURNAL OF THE SENATE Monday, January 16, 2012 H.J.R Commending the Poquoson Little League Baseball All-Star team. H.J.R Commending the Poquoson High School football team. H.J.R Commending the Montford Point Marine Association Tidewater, Virginia Chapter #14. H.J.R Commending the Virginia Academy of Family Physicians. IN WHICH ACTION IT REQUESTS THE CONCURRENCE OF THE SENATE. /s/ G. Paul Nardo Clerk, House of Delegates On motion of Senator Norment, the Rules were suspended and the reading of the communication from the House of Delegates was waived. The recorded vote is as follows: YEAS--39. NAYS--1. RULE YEAS--Barker, Black, Blevins, Carrico, Colgan, Ebbin, Edwards, Favola, Garrett, Hanger, Herring, Howell, Locke, Lucas, Marsden, Marsh, Martin, McDougle, McEachin, McWaters, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Reeves, Ruff, Saslaw, Smith, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins--39. NAYS--Deeds--1. RULE The House bill communicated as passed by the House of Delegates, the first reading of its title required by the Constitution having been dispensed with, was referred as follows: H.B. 251 was referred to the Committee on Privileges and Elections. The House joint resolutions, communicated as agreed to by the House of Delegates, were laid on the Clerk s Desk under Senate Rule 26 (g) as follows: H.J.R. 1, H.J.R. 8, H.J.R. 10, H.J.R. 11, H.J.R. 14, H.J.R. 15, H.J.R. 16, H.J.R. 20, H.J.R. 21, H.J.R. 24, H.J.R. 25, H.J.R. 26, H.J.R. 28, H.J.R. 29, H.J.R. 30, H.J.R. 31, H.J.R. 32, H.J.R. 33, H.J.R. 34, H.J.R. 35, H.J.R. 36, H.J.R. 37, H.J.R. 38, H.J.R. 39, H.J.R. 40, H.J.R. 41, H.J.R. 42, H.J.R. 43, H.J.R. 44, H.J.R. 45, H.J.R. 46, H.J.R. 47, H.J.R. 48, H.J.R. 53, H.J.R. 54, H.J.R. 55, H.J.R. 56, H.J.R. 57, H.J.R. 58, H.J.R. 59, H.J.R. 60, H.J.R. 61, H.J.R. 67, H.J.R. 68, H.J.R. 69, H.J.R. 70, H.J.R. 72, H.J.R. 73, H.J.R. 74, H.J.R. 75, H.J.R. 76, H.J.R. 77, H.J.R. 78, H.J.R. 79, H.J.R. 80, H.J.R. 81, H.J.R. 82, H.J.R. 83, H.J.R. 99, H.J.R. 149, H.J.R. 150, H.J.R. 151, H.J.R. 152, H.J.R. 153, H.J.R. 154, H.J.R. 156, H.J.R. 157, H.J.R. 158, H.J.R. 159, H.J.R. 160, H.J.R. 161, H.J.R. 162, H.J.R. 163, H.J.R. 164, H.J.R. 165, H.J.R. 166, H.J.R. 167, H.J.R. 168, H.J.R. 169, H.J.R. 170, H.J.R. 174, and H.J.R COMMITTEE REPORT The following bills, having been considered by the committee in session, were reported by Senator Norment from the Committee for Courts of Justice: S.B. 8 (eight). S.B. 59 (fifty-nine).

6 Monday, January 16, JOURNAL OF THE SENATE S.B. 60 (sixty) with amendment. S.B. 89 (eighty-nine). S.B. 90 (ninety) with substitute. S.B. 95 (ninety-five) with the recommendation that it be rereferred to the Committee on Finance. S.B. 109 (one hundred nine). S.B. 110 (one hundred ten). S.B. 115 (one hundred fifteen) with amendments. S.B. 116 (one hundred sixteen) with the recommendation that it be rereferred to the Committee on Finance. S.B. 164 (one hundred sixty-four) with amendment. S.B. 197 (one hundred ninety-seven) with substitute. S.B. 249 (two hundred forty-nine) with amendment. S.B. 95 and S.B. 116 were rereferred to the Committee on Finance. MESSAGE FROM THE HOUSE A message was received from the House of Delegates by Delegate Cox, M.K., who informed the Senate that the House had agreed to H.J.R. 184 (one hundred eighty-four); in which it requested the concurrence of the Senate: H.J.R Williamsburg Session. H.J.R. 184 was taken up, read by title the first time, and referred to the Committee on Rules. INTRODUCTION OF LEGISLATION The following, by leave, were presented, ordered to be printed, and referred under Senate Rule 11 (b): S.B A BILL to amend and reenact of the Code of Virginia, relating to assault and battery of a prison contractor; penalty. Patron--Northam Referred to Committee for Courts of Justice S.B A BILL to authorize the Department of General Services to convey certain real property to the County of Accomack. Patron--Northam Referred to Committee for Courts of Justice S.B A BILL to amend and reenact of the Code of Virginia, relating to intangible personal property tax; machinery and tools. Patrons--Wagner, Colgan, Hanger, Marsden, McWaters, Newman, Puckett, Ruff and Watkins Referred to Committee on Finance S.B A BILL to amend the Code of Virginia by adding a section numbered , relating to the adjustment of the boundaries of the public oyster beds on the seaside of the Eastern Shore. Patron--Northam Referred to Committee on Agriculture, Conservation and Natural Resources

7 JOURNAL OF THE SENATE Monday, January 16, 2012 S.B A BILL to amend and reenact and of the Code of Virginia, relating to real property tax; discount for payment in full. Patron--Puller Referred to Committee on Local Government S.B A BILL to amend the Code of Virginia by adding a section numbered , relating to TANF eligibility; drug-related felonies. Patron--Favola Referred to Committee on Rehabilitation and Social Services S.B A BILL to amend and reenact of the Code of Virginia, relating to unexpended state funds. Patron--Favola Referred to Committee on Education and Health S.B A BILL to amend and reenact :4 of the Code of Virginia, relating to transportation and possession of firearms; persons subject to certain emergency protective orders. Patron--Favola Referred to Committee for Courts of Justice S.B A BILL to amend the Code of Virginia by adding a section numbered , relating to restoration of parental rights. Patron--Favola Referred to Committee for Courts of Justice S.B A BILL to amend and reenact of the Code of Virginia, relating to pawnbrokers; holding period for purchases. Patron--Miller, Y.B. Referred to Committee on General Laws and Technology S.B A BILL to amend and reenact of the Code of Virginia, relating to Assistive Technology Loan Fund Authority; approval of loan applications. Patron--Howell Referred to Committee on General Laws and Technology S.B A BILL to amend and reenact of the Code of Virginia, relating to disposition of forfeited drug assets. Patron--Colgan Referred to Committee for Courts of Justice S.B A BILL to amend and reenact of the Code of Virginia, relating to state forest special use permits. Patron--Hanger Referred to Committee on Agriculture, Conservation and Natural Resources The following, by leave, were presented and laid on the Clerk s Desk under Senate Rule 26 (g):

8 Monday, January 16, JOURNAL OF THE SENATE S.J.R Commending the Reverend Dr. Kenny Smith, Sr. Patrons--Petersen, Barker, Black, Colgan, Deeds, Ebbin, Edwards, Favola, Garrett, Hanger, Herring, Howell, Locke, Marsden, Marsh, Martin, McDougle, McEachin, McWaters, Miller, J.C., Miller, Y.B., Northam, Puckett, Puller, Reeves and Stanley; Delegate: Keam S.J.R Celebrating the life of Carol Ann Orndorff. Patrons--Petersen and Howell; Delegate: Keam S.J.R Celebrating the life of Simone Savia. Patrons--Petersen and Howell; Delegate: Keam S.J.R Celebrating the life of Sybil Moore Walker. Patron--Miller, Y.B. S.J.R Commending MillerCoors. Patrons--Hanger and Obenshain S.J.R Commending the Virginia Agricultural Experiment Station. Patron--Watkins S.J.R Commending Tucker Pavilion. Patron--Watkins IMMEDIATE CONSIDERATION Senator McDougle moved that the Rules be suspended, the Committee on Rules be discharged from further consideration of H.J.R. 184 (one hundred eighty-four), the readings of the title be waived, and the joint resolution be taken up for immediate consideration. The motion was agreed to. The recorded vote is as follows: YEAS--40. NAYS--0. RULE YEAS--Barker, Black, Blevins, Carrico, Colgan, Deeds, Ebbin, Edwards, Favola, Garrett, Hanger, Herring, Howell, Locke, Lucas, Marsden, Marsh, Martin, McDougle, McEachin, McWaters, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Reeves, Ruff, Saslaw, Smith, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins--40. NAYS--0. RULE Williamsburg Session. HOUSE JOINT RESOLUTION NO. 184 RESOLVED by the House of Delegates, the Senate concurring, That the invitation of Colonial Williamsburg to use the Colonial Capitol in the City of Williamsburg be accepted, and that the sessions of the Senate and the House of Delegates on January 28, 2012, be held in the Colonial Capitol at Williamsburg. H.J.R. 184, on motion of Senator McDougle, was agreed to.

9 JOURNAL OF THE SENATE Monday, January 16, 2012 The recorded vote is as follows: YEAS--40. NAYS--0. RULE YEAS--Barker, Black, Blevins, Carrico, Colgan, Deeds, Ebbin, Edwards, Favola, Garrett, Hanger, Herring, Howell, Locke, Lucas, Marsden, Marsh, Martin, McDougle, McEachin, McWaters, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Reeves, Ruff, Saslaw, Smith, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins--40. NAYS--0. RULE Senator McDougle was ordered to inform the House of Delegates thereof. HONORARY ADJOURNMENT Senator Marsh addressed the Senate in memory of the Reverend Dr. Martin Luther King, Jr. Senator Marsh requested that when the Senate adjourns today, it adjourn in memory of the Reverend Dr. Martin Luther King, Jr. OTHER BUSINESS Pursuant to Senate Rule 26 (f), the Clerk reported that Senator Reeves had been added as a co-patron of S.B. 3 (three). Pursuant to Senate Rule 26 (f), the Clerk reported that Senator Reeves had been added as a co-patron of S.B. 4 (four). Pursuant to Senate Rule 26 (f), the Clerk reported that Delegate Peace had been added as a co-patron of S.B. 6 (six). Pursuant to Senate Rule 26 (f), the Clerk reported that Senator Reeves had been added as a co-patron of S.B. 56 (fifty-six). Pursuant to Senate Rule 26 (f), the Clerk reported that Delegate Filler-Corn had been added as a co-patron of S.B. 92 (ninety-two). Pursuant to Senate Rule 26 (f), the Clerk reported that Delegate Surovell had been added as a co-patron of S.B. 161 (one hundred sixty-one). Pursuant to Senate Rule 26 (f), the Clerk reported that Delegate Filler-Corn had been added as a co-patron of S.B. 163 (one hundred sixty-three). Pursuant to Senate Rule 26 (f), the Clerk reported that Senator Reeves had been added as a co-patron of S.B. 178 (one hundred seventy-eight). Pursuant to Senate Rule 26 (f), the Clerk reported that Senator Reeves had been added as a co-patron of S.B. 182 (one hundred eighty-two). Pursuant to Senate Rule 26 (f), the Clerk reported that Delegate Filler-Corn had been added as a co-patron of S.B. 196 (one hundred ninety-six).

10 Monday, January 16, JOURNAL OF THE SENATE Pursuant to Senate Rule 26 (f), the Clerk reported that Delegate Peace had been added as a co-patron of S.B. 254 (two hundred fifty-four). Pursuant to Senate Rule 26 (f), the Clerk reported that Delegate Surovell had been added as a co-patron of S.B. 309 (three hundred nine). Pursuant to Senate Rule 26 (f), the Clerk reported that Delegate Surovell had been added as a co-patron of S.B. 376 (three hundred seventy-six). Pursuant to Senate Rule 26 (f), the Clerk reported that Delegate Surovell had been added as a co-patron of S.B. 392 (three hundred ninety-two). Pursuant to Senate Rule 26 (f), the Clerk reported that Delegate Wright had been added as a co-patron of S.B. 424 (four hundred twenty-four). Pursuant to Senate Rule 26 (f), the Clerk reported that Delegate Wright had been added as a co-patron of S.B. 425 (four hundred twenty-five). Pursuant to Senate Rule 26 (f), the Clerk reported that Delegate Peace had been added as a co-patron of S.B. 450 (four hundred fifty). Pursuant to Senate Rule 26 (f), the Clerk reported that Delegates Dudenhefer and Howell, W.J., had been added as co-patrons of S.J.R. 4 (four). On motion of Senator Stosch, the Senate, in memory of the Reverend Dr. Martin Luther King, Jr., adjourned until tomorrow at 12 m. William T. Bolling President of the Senate Susan Clarke Schaar Clerk of the Senate