THURSDAY, FEBRUARY 26, 2009

Transcription

1 JOURNAL OF THE SENATE Thursday, February 26, 2009 THURSDAY, FEBRUARY 26, 2009 The Senate met at 11:00 a.m. and was called to order by Lieutenant Governor William T. Bolling. The Reverend Chester L. Mitchell, Capital Community Church, Ashburn, Virginia, offered the following prayer: Almighty God, we acknowledge Your sovereignty in the affairs of men. Today, we humbly beseech You, again, for divine direction for our great Commonwealth. We confess our weaknesses, but we acknowledge Your strength. We confess our limited ability, but we seek for Your unlimited power. Father, I pray for the men and women gathered in this room. More now than ever before, cause them to know that You are concerned about each of them personally. More now than ever before, give to them the grace and the wisdom to be men and women of courage. Father, I also pray for the citizens of our beloved Virginia. Help us to know that as a people we have an untapped reservoir of strength that will sustain us. In our times of fear, cause faith to arise. In moments of perplexity cause peace to flow like a mighty river. Today again we say: For Thine is the kingdom and the power and the Glory, Forever, Amen. The roll was called and the following Senators answered to their names: Barker, Colgan, Deeds, Edwards, Hanger, Herring, Houck, Howell, Hurt, Locke, Lucas, Marsh, Martin, McDougle, McEachin, Miller, J.C., Norment, Northam, Obenshain, Petersen, Puckett, Puller, Quayle, Reynolds, Ruff, Smith, Stosch, Stuart, Ticer, Vogel, Wagner, Wampler, Watkins, Whipple. A quorum was present. After the roll call, Senators Blevins, Cuccinelli, Miller, Y.B., Saslaw, and Stolle notified the Clerk of their presence. On motion of Senator Vogel, the reading of the Journal was waived. YEAS--38. YEAS--Barker, Blevins, Colgan, Cuccinelli, Deeds, Edwards, Hanger, Herring, Houck, Howell, Hurt, Locke, Lucas, Marsh, Martin, McDougle, McEachin, Miller, J.C., Norment, Northam, Obenshain, The following communications were received: HOUSE COMMUNICATIONS In the House of Delegates February 25, 2009 THE HOUSE OF DELEGATES HAS PASSED WITH AMENDMENTS THE FOLLOWING SENATE BILLS:

2 Thursday, February 26, JOURNAL OF THE SENATE S.B A Bill to authorize the Treasury Board to issue bonds pursuant to Article X, Section 9 (c) of the Constitution of Virginia in an amount up to $10,000,000 plus financing costs to finance a capital project at Virginia Polytechnic Institute and State University. S.B A BILL to amend and reenact :1, , , , , , , and of the Code of Virginia; to amend the Code of Virginia by adding in Title 26 a chapter numbered 7, consisting of sections numbered through ; and to repeal through and of the Code of Virginia, relating to the Uniform Power of Attorney Act. S.B A BILL to amend and reenact of the Code of Virginia, relating to assignments of the penalty for failure to release deed of trust. S.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 approval of the development of certain major information technology projects. S.B A BILL to amend and reenact of the Code of Virginia, relating to regulation of distribution of handbills, etc, on public highways, roadways, and medians. S.B A BILL to amend and reenact of the Code of Virginia, relating to occasional remote access to land records; fee; pilot program. S.B A BILL to amend and reenact of the Code of Virginia, relating to the best interests of the child; history of sexual abuse. S.B A BILL to amend and reenact , , and of the Code of Virginia and to amend the Code of Virginia by adding sections numbered , , and , relating to post-adoption contact and communication. S.B A BILL to amend and reenact of the Code of Virginia, relating to special justices; expenses. S.B A BILL to amend and reenact of the Code of Virginia, relating to copying costs of medical bills or charges. S.B A BILL to amend and reenact , , :3.03, , , , , , and of the Code of Virginia, and to amend the Code of Virginia by adding a section numbered :1, and by adding in Chapter 4.9 of Title 23 a section numbered :1, relating to the Virginia College Savings Plan. S.B A BILL to amend and reenact of the Code of Virginia, relating to the payment of wages or salaries by prepaid cards. S.B A BILL to amend and reenact of the Code of Virginia, relating to secure remote access to land records. S.B A BILL to amend and reenact of the Code of Virginia, relating to drug treatment courts. S.B A BILL to amend and reenact of the Code of Virginia, relating to offshore renewable energy resources.

3 JOURNAL OF THE SENATE Thursday, February 26, 2009 S.B A BILL to create the Breaks Regional Airport Authority. S.B A BILL to amend and reenact of the Code of Virginia, relating to political activities of local employees. S.B A BILL to amend and reenact :02 of the Code of Virginia, relating to eligibility for state financial aid programs. THE HOUSE OF DELEGATES HAS PASSED WITH SUBSTITUTES THE FOLLOWING SENATE BILLS: S.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 duties of the Auditor of Public Accounts; budget transparency provisions. S.B A BILL to amend and reenact and of the Code of Virginia, relating to search warrants executed upon electronic communication service providers or remote computing service providers. S.B A BILL to amend and reenact and of the Code of Virginia, relating to the Virginia Natural Resources Commitment Fund. S.B A BILL to amend and reenact of the Code of Virginia, relating to the illegal boarding or riding of transportation district train; fine. S.B A BILL to amend and reenact , , , , , and of the Code of Virginia and to amend the Code of Virginia by adding in Title 30 a chapter numbered 47 consisting of sections numbered through , relating to economic development; incentive and site development for major employment and investment projects. S.B A BILL to amend and reenact , , , , , , , and of the Code of Virginia, relating to juvenile law. S.B A BILL to amend and reenact 4.3 and Exhibit A, Attachment 1 and Attachment 2 of Exhibit D, and Exhibit F of the first enactment of Chapters 933 and 943 of the Acts of Assembly of 2006; 4.3 and Exhibit G, Attachment 1 of Exhibit J, and Exhibit L of the second enactment of Chapters 933 and 943 of the Acts of Assembly of 2006; 4.3 and Exhibit M, Attachment 1 and Attachment 2 of Exhibit P, and Exhibit R of the third enactment of Chapters 933 and 943 of the Acts of Assembly of 2006; and the fifth enactment of Chapters 933 and 943 of the Acts of Assembly of 2006, relating to the management agreements between the Commonwealth and Virginia Polytechnic Institute and State University, the College of William and Mary in Virginia, and the University of Virginia, respectively. S.B A BILL to amend and reenact of the Code of Virginia, relating to the Mortgage Lender and Broker Act; authority of Attorney General. S.B A BILL to amend and reenact of the Code of Virginia, relating to the State Executive Council; increases membership and establishes term limits. S.B A BILL to amend and reenact of the Code of Virginia, relating to the Office of Comprehensive Services; reporting on certain expenditures.

4 Thursday, February 26, JOURNAL OF THE SENATE S.B A BILL to amend and reenact 2 of Chapter 471 of the Acts of Assembly of 1964, as amended by Chapter 87 of the Acts of Assembly of 2002 and Chapter 658 of the Acts of Assembly of 2008, relating to Eastern Virginia Medical School. S.B A BILL to amend and reenact of the Code of Virginia, as it shall become effective, relating to regulation of septic systems. S.B A BILL to amend and reenact of the Code of Virginia, relating to appeals from juvenile and domestic relations district court. S.B A BILL to amend and reenact , , , , , , and of the Code of Virginia and to amend the Code of Virginia by adding in Article 3 of Chapter 42 of Title 3.2 a section numbered and by adding sections numbered and , relating to the Master Settlement Agreement; criminal enforcement activities; penalty. S.B A BILL to amend the Code of Virginia by adding in Title 59.1 a chapter numbered 22.6, consisting of a section numbered , relating to an advanced shipbuilding training grant program. S.B A BILL to amend and reenact of the Code of Virginia, relating to the clean fuel vehicle job creation tax credit; cellulosic biofuels. S.B A BILL to amend and reenact of the Code of Virginia, relating to revocation or suspension of license to practice law; professional malpractice insurance. S.B A BILL to amend and reenact of the Code of Virginia, relating to fees for courthouse construction, renovation, or maintenance. S.B A BILL to amend and reenact , , and of the Code of Virginia, relating to magistrates; issuance of arrest warrants. S.B A BILL to amend and reenact of the Code of Virginia, relating to drug treatment courts; Tazewell County. S.B A BILL relating to the waiting lists for the Mental Retardation and Individual and Family Developmental Disabilities and Support Medicaid Waivers. THE HOUSE OF DELEGATES HAS REJECTED THE AMENDMENTS PROPOSED BY THE SENATE TO THE FOLLOWING HOUSE BILL: H.B A BILL to amend and reenact , , , , , , and of the Code of Virginia, relating to the Department of Professional and Occupational Regulation; Board for Asbestos, Lead, and Home Inspectors; regulation of lead renovation, repair, and painting. THE HOUSE OF DELEGATES HAS REJECTED THE SUBSTITUTES PROPOSED BY THE SENATE TO THE FOLLOWING HOUSE BILLS: H.B A BILL to amend and reenact , , , , , , , and of the Code of Virginia, relating to elections; clarifications and revisions to registration and election processes; penalties.

5 JOURNAL OF THE SENATE Thursday, February 26, 2009 H.B A BILL to amend and reenact , , , , , , , , , and of the Code of Virginia, and to repeal through of the Code of Virginia, relating to oversight of research and development in the Commonwealth. H.B A BILL to amend and reenact , as is currently effective and as may become effective, , and of the Code of Virginia, relating to the Virginia Natural Resources Commitment Fund. H.B A BILL to amend and reenact , , , , as it is currently effective and as it shall become effective, , , as it is currently effective and as it shall become effective, , , , , , , , and of the Code of Virginia, and to amend the Code of Virginia by adding in Article 2 of Chapter 8 of Title 37.2 a section numbered , and by adding sections numbered , , , , , and , relating to advance medical directives. THE HOUSE OF DELEGATES HAS PASSED THE FOLLOWING SENATE BILLS: S.B A BILL relating to the Board for Contractors; certified elevator mechanics. S.B A Bill to authorize the Treasury Board to issue bonds pursuant to Article X, Section 9 (c) of the Constitution of Virginia in an amount up to $16,000,000 plus financing costs to finance a new parking deck in the City of Richmond. S.B A BILL to amend and reenact of the Code of Virginia, relating to penalty for driving without an ignition interlock. S.B A BILL to amend and reenact , , :1, , , , and of the Code of Virginia, relating to collection of court costs. S.B A BILL to amend and reenact the fifth enactment of Chapter 689 and Chapter 700 of the Acts of Assembly of 2001, as amended by the second enactment of Chapter 211 of the Acts of Assembly of 2003, as amended by Chapter 609 of the Acts of Assembly of 2005, and to amend and reenact the third enactment of Chapter 563 of the Acts of Assembly of 2004, as amended by Chapter 607 and Chapter 608 of the Acts of Assembly of 2005, relating to rehiring of retired teachers. S.B A BILL to repeal of the Code of Virginia, relating to mileage reimbursement for circuit court judges. S.B A BILL to amend and reenact of the Code of Virginia, relating to confidentiality of court records. S.B A BILL to amend and reenact and of the Code of Virginia, relating to the Consumer Real Estate Settlement Protection Act. S.B A BILL to amend and reenact of the Code of Virginia, relating to assault and battery; definition of law-enforcement officer; penalty.

6 Thursday, February 26, JOURNAL OF THE SENATE S.B A BILL to amend the Code of Virginia by adding in Chapter 14 of Title 8.01 an article numbered 6.2, consisting of sections numbered through , and to repeal Article 6 ( through ) of Chapter 14 of Title 8.01 of the Code of Virginia, relating to the Uniform Interstate Depositions and Discovery Act. S.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 fraudulent conveyances; attorney fees. S.B A BILL to amend and reenact of the Code of Virginia, relating to redefinition of the triggerman rule ; penalty. S.B A BILL authorizing the Department of Conservation and Recreation to quitclaim its interest in certain subdivision roadways. S.B A BILL to amend and reenact of the Code of Virginia, relating to regulation of stormwater. S.B A BILL to amend and reenact of the Code of Virginia, relating to elections; acquisition of voting equipment by localities. S.B A BILL to amend and reenact and of the Code of Virginia, relating to institutions of higher education; authority to employ campus police officers. S.B A BILL to amend and reenact and of the Code of Virginia, relating to the Mortgage Lender and Broker Act; duties and liabilities. S.B A BILL to amend and reenact , , , , , , , , and of the Code of Virginia and to amend the Code of Virginia by adding a section numbered , relating to implementation of the federal REAL ID Act. S.B A BILL to amend and reenact :5 of the Code of Virginia, relating to grants for tuition and fees for certain individuals. S.B A BILL to amend and reenact and of the Code of Virginia, relating to child support orders. S.B A BILL to amend and reenact of the Code of Virginia, relating to capital murder; fire marshals and assistant fire marshals; penalty. S.B A BILL to amend and reenact , , and of the Code of Virginia, relating to the absentee voting process; first responders. S.B A BILL to amend and reenact of the Code of Virginia, relating to special justices; appointment. S.B A BILL to amend and reenact of the Code of Virginia, relating to voluntary and involuntary commitment; forms. S.B A BILL to amend and reenact of the Code of Virginia, relating to the Virginia Investment Partnership Act; Virginia Investment Performance Grants.

7 JOURNAL OF THE SENATE Thursday, February 26, 2009 S.B A BILL to amend and reenact , , and of the Code of Virginia, and to repeal and of the Code of Virginia, relating to enterprise zone economic incentives. S.B A BILL to amend and reenact of the Code of Virginia, relating to prohibited practices under the Virginia Consumer Protection Act; foreclosure rescue. S.B A BILL to amend and reenact of the Code of Virginia, relating to the State Executive Council; powers and duties; report on certain expenditures and funding. S.B A BILL to amend and reenact of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 2 of Title 66 a section numbered :1, relating to disclosure of juvenile probation and parole reports. S.B A BILL to amend the Code of Virginia by adding in Article 5 of Chapter 9 of Title 18.2 a section numbered , relating to displaying a noose; penalty. S.B A BILL to amend and reenact , , , , , , , , , , and of the Code of Virginia and to amend the Code of Virginia by adding a section numbered , relating to child support. S.B A BILL to amend and reenact and of the Code of Virginia, relating to procurement of certain architectural and engineering services by the Director of the Department of Rail and Public Transportation. S.B A BILL to amend the Code of Virginia by adding a section numbered , relating to prosecution for homicide. S.B A BILL to amend and reenact of the Code of Virginia, relating to interrogatories. S.B A BILL to amend and reenact of the Code of Virginia, relating to Department of Treasury; Risk Management Division; liability coverage for certain volunteers. S.B A BILL to amend and reenact of the Code of Virginia, relating to approval of compromises on behalf of persons under a disability in suits or actions to which they are parties. S.B A BILL to amend and reenact of the Code of Virginia, relating to identity theft; penalty. S.B A BILL to amend and reenact of the Code of Virginia, relating to the Virginia Retirement System; benefits for City of Danville s deputy sheriffs. S.B A BILL to amend and reenact of the Code of Virginia, relating to restricted driver s licenses for persons who have suspended licenses. S.B A BILL to amend and reenact of the Code of Virginia, relating to compensation of court-appointed counsel. S.B A BILL to amend and reenact , , and of the Code of Virginia, relating to writs of actual innocence.

8 Thursday, February 26, JOURNAL OF THE SENATE S.B A BILL to amend and reenact , , , and of the Code of Virginia, relating to admission ticket sales, illegal software, unfair trade practice; penalty. S.B A BILL to amend and reenact of the Code of Virginia, and to amend the Code of Virginia by adding sections numbered , :01, and , relating to the boards of visitors of the College of William and Mary in Virginia, Virginia Commonwealth University, and Virginia Polytechnic Institute and State University. S.B A BILL to amend and reenact of the Code of Virginia, relating to capital murder; auxiliary law-enforcement officers; penalty. S.B A BILL to amend and reenact of the Code of Virginia, relating to the preservation of historical sites and architectural areas. S.B A BILL to amend and reenact of the Code of Virginia, relating to Forensic Science Board; membership. S.B A BILL to amend and reenact of the Code of Virginia, relating to allocation of funds for urban highway system construction. S.B A BILL to amend and reenact , , , , , , and of the Code of Virginia, relating to protective orders; identifying information; expiration. S.B A BILL to amend and reenact , , and of the Code of Virginia, relating to statewide case and financial management systems; interface with circuit courts. S.B A BILL to amend and reenact of the Code of Virginia, relating to the Virginia Resources Authority. S.B A BILL to authorize the Virginia Marine Resources Commission to grant easements and rights-of-way across and in the beds of the Elizabeth River, including a portion of the Baylor Survey, to the Department of Transportation, for the improvement of the Midtown Tunnel. S.B A BILL to amend and reenact of the Code of Virginia, relating to the Comprehensive Services Act Program; judicial assignment of services for children. S.B A BILL to amend and reenact of the Code of Virginia, relating to issuance of a kill permit to shoot wildlife creating hazards at airports. S.B A BILL to establish a six- year capital outlay plan for projects to be funded entirely or partially from general fund-supported resources. S.B A BILL to amend and reenact of the Code of Virginia, relating to notices required before sale by trustee to owners, lienors, etc. S.B A BILL to amend and reenact of the Code of Virginia, relating to the Virginia Investment Partnership Act; definitions. THE HOUSE OF DELEGATES HAS AGREED TO THE AMENDMENTS PROPOSED BY THE SENATE TO THE FOLLOWING HOUSE BILLS:

9 JOURNAL OF THE SENATE Thursday, February 26, 2009 H.B A BILL to amend and reenact and of the Code of Virginia, relating to the conduct of elections; service and oaths of officers of election; and prohibited activities and permitted observers at the polls. H.B A BILL to amend and reenact of the Code of Virginia, relating to vested rights. H.B A BILL to amend and reenact of the Code of Virginia, relating to elections; vacancies in constitutional offices; special elections. H.B A BILL to amend the Code of Virginia by adding a section numbered , relating to a refuse collection and disposal system authority in the Hampton Roads area. H.B A BILL to amend and reenact , , and of the Code of Virginia, relating to the absentee voting process; first responders. H.B A BILL to amend the Code of Virginia by adding in Title 59.1 a chapter numbered 22.6, consisting of a section numbered , relating to an advanced shipbuilding training grant program. H.B A BILL to amend and reenact of the Code of Virginia, relating to housing for local employees. H.B A BILL to amend the Code of Virginia by adding in Article 5 of Chapter 9 of Title 15.2 a section numbered , relating to notice of sale under deed of trust. H.B A BILL to amend and reenact of the Code of Virginia, relating to the timeline for appealing due process decisions to the circuit court. H.B A BILL to amend and reenact , , and of the Code of Virginia, and to repeal and of the Code of Virginia, relating to enterprise zone economic incentives. H.B A BILL to require the Superintendent of Public Instruction to distribute a teacher s manual on Holocaust education. H.B A BILL to amend the Code of Virginia by adding in Title 2.2 a chapter numbered 38.1, consisting of sections numbered and , relating to the Protection of Social Security Numbers Act; penalties. H.B A BILL to amend and reenact :03 and of the Code of Virginia, relating to notification of family member of person involved in the commitment process. H.B A BILL to amend and reenact of the Code of Virginia, relating to patient level data system; reporting requirements. H.B A BILL to amend and reenact of the Code of Virginia, relating to planning time for elementary school teachers. H.B A BILL to amend and reenact of the Code of Virginia, relating to onsite treatment works designed by engineers.

10 Thursday, February 26, JOURNAL OF THE SENATE 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 the inclusion of mandated health insurance coverages and benefits under the state employee health insurance plan. H.B A BILL to amend the Code of Virginia by adding a section numbered , relating to duties of the State Board of Education; registered voter lists. H.B A BILL to authorize state and local economic development entities to extend performance agreements for two years. THE HOUSE OF DELEGATES HAS AGREED TO THE SUBSTITUTES PROPOSED BY THE SENATE TO THE FOLLOWING HOUSE BILLS: H.B A BILL to amend and reenact of the Code of Virginia, relating to boards of zoning appeals. H.B A BILL to amend and reenact of the Code of Virginia and amend the Code of Virginia by adding a section numbered :6, relating to the delivery of propane service by an underground distribution system. H.B A BILL to amend and reenact and of the Code of Virginia, relating to regulation of practice of midwifery. H.B A BILL to amend the Code of Virginia by adding in Article 3 of Chapter 28 of Title 54.1 a section numbered , relating to exemption from liability for routine organ and tissue donation; funeral homes. H.B A BILL to amend and reenact , , as it is currently effective and as it shall become effective, and , as it is currently effective and as it shall become effective, of the Code of Virginia and to amend and reenact the second and fourth enactments of Chapters 840 and 843 of the Acts of Assembly of 2008, relating to the Government Data Collection and Dissemination Practices Act; collection of social security numbers. H.B A BILL to amend and reenact of the Code of Virginia, relating to reimbursement of expenses in DUI and related incidents. H.B A BILL to amend and reenact 3 of Chapter 2 of the Acts of Assembly of 1966, as amended by Chapter 21 of the Acts of Assembly, Extra Session, of 1969, Chapter 590 of the Acts of Assembly of 1970, Chapter 571 of the Acts of Assembly of 1972, Chapter 508 of the Acts of Assembly of 1973, Chapter 576 of the Acts of Assembly of 1974, Chapter 592 of the Acts of Assembly of 1977, Chapter 378 of the Acts of Assembly of 1981, Chapter 610 of the Acts of Assembly of 1984, Chapter 112 of the Acts of Assembly of 1987, Chapter 150 of the Acts of Assembly of 1995, and Chapter 736 of the Acts of Assembly of 1997, relating to the Washington Metropolitan Area Transit Authority; finance and governance. THE HOUSE OF DELEGATES HAS DEFEATED THE FOLLOWING SENATE BILLS: S.B A BILL to amend and reenact of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 7 of Title 67 a section numbered , relating to covenants regarding wind energy drying devices.

11 JOURNAL OF THE SENATE Thursday, February 26, 2009 S.B A BILL to amend the Code of Virginia by adding a section numbered , relating to a surcharge for issuance or renewal of certain license plates by the Department of Motor Vehicles. IN WHICH ACTION IT REQUESTS THE CONCURRENCE OF THE SENATE. /s/ Bruce F. Jamerson Clerk, House of Delegates In the House of Delegates February 25, 2009 THE HOUSE OF DELEGATES HAS ACCEDED TO THE REQUEST OF THE SENATE FOR COMMITTEES OF CONFERENCE ON THE FOLLOWING HOUSE BILLS: H.B A BILL to amend and reenact of the Code of Virginia, relating to licensure of estheticians. H.B A BILL to amend and reenact of the Code of Virginia, relating to drug treatment courts. 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 communications from the House of Delegates was waived. YEAS--38. YEAS--Barker, Blevins, Colgan, Cuccinelli, Deeds, Edwards, Hanger, Herring, Houck, Howell, Hurt, Locke, Lucas, Marsh, Martin, McDougle, McEachin, Miller, J.C., Norment, Northam, Obenshain, COMMITTEE REPORT Senator Marsh, from the Committee for Courts of Justice, presented the following report: TO THE SENATE OF VIRGINIA: SENATE OF VIRGINIA February 25, 2009 The Committee for Courts of Justice hereby certifies that the following person is qualified as the Attorney General of Virginia as follows:

12 Thursday, February 26, JOURNAL OF THE SENATE William C. Mims, of Henrico, to succeed the Honorable Robert F. McDonnell, as the Attorney General of Virginia for the unexpired term commencing immediately and ending January 16, Respectfully submitted, /s/ Henry L. Marsh, III, Chairman Committee for Courts of Justice INTRODUCTION OF LEGISLATION Senator Marsh, by leave, under Senate Rule 11 (b), presented the following resolution which was ordered to be printed and referred: S.R. 32. Nominating a person to be elected the Attorney General of Virginia. Patron--Marsh Referred to Committee for Courts of Justice Senator Barker, by leave, under Senate Rule 26 (g), presented the following resolution which was laid on the Clerk s Desk: S.R. 33. Commending the West Springfield High School debate team. Patron--Barker CALENDAR CONFERENCE COMMITTEE REPORT Senator Colgan, for the committee of conference on H.B (one thousand six hundred sixty-two), presented the following report: Joint Conference Committee Report On House Bill No We, the conferees, appointed by the respective bodies to consider and report upon the disagreeing vote on House Bill No. 1662, report as follows: A. We recommend that the Senate Amendments be rejected. B. We recommend that the engrossed bill be amended as follows to resolve the matters under disagreement. 1. Line 5, engrossed, after up to $10,000,000 $40,000, Line 29, engrossed, after not exceeding $10,000,000 $40,000,000

13 JOURNAL OF THE SENATE Thursday, February 26, After line 42, engrossed Virginia Polytechnic Institute and State University Parking Structure $30,000, Line 44, engrossed, after Total $10,000,000 $40,000,000 Respectfully submitted, /s/ Senator Charles J. Colgan, Jr. /s/ Senator Emmett W. Hanger, Jr. /s/ Senator John C. Watkins Conferees on the part of the Senate /s/ Delegate Lacey E. Putney /s/ Delegate Riley E. Ingram /s/ Delegate Johnny S. Joannou Conferees on the part of the House On motion of Senator Colgan, the joint conference committee report was agreed to. YEAS--39. YEAS--Barker, Blevins, Colgan, Cuccinelli, Deeds, Edwards, Hanger, Herring, Houck, Howell, Hurt, Locke, Lucas, Marsh, Martin, McDougle, McEachin, Miller, J.C., Miller, Y.B., Norment, Northam, Obenshain, Petersen, Puckett, Puller, Quayle, Reynolds, Ruff, Saslaw, Smith, Stolle, Stosch, Stuart, Ticer, Vogel, Wagner, Wampler, Watkins, Whipple--39. MESSAGE FROM THE HOUSE IMMEDIATE CONSIDERATION A message was received from the House of Delegates by Delegate Janis, who informed the Senate that the House had agreed to H.J.R (one thousand forty-five), as follows; in which it requested the concurrence of the Senate: Election of the Attorney General of Virginia. HOUSE JOINT RESOLUTION NO RESOLVED by the House of Delegates, the Senate concurring, That the General Assembly shall proceed this day at the conclusion of each house s morning hour To the election of the Attorney General of Virginia, for the unexpired term commencing immediately and ending January 16, 2010, to fill the vacancy due to the resignation of the Honorable Robert F. McDonnell.

14 Thursday, February 26, JOURNAL OF THE SENATE And that in the execution of the joint order nominations shall be made in the order herein named, and that each house shall be notified of said nominations, and when the rolls shall be called for the whole number, the presiding officers of each house shall appoint a committee of three, which together shall constitute the joint committee to count the vote of each house in each case and report the results to their respective houses. The joint order may be suspended by the presiding officer of either house at any time but for no longer than twenty-four hours to receive the report of the joint committee. On motion of Senator Marsh, the Rules were suspended and H.J.R was taken up for immediate consideration. YEAS--37. YEAS--Barker, Blevins, Colgan, Cuccinelli, Deeds, Edwards, Hanger, Herring, Houck, Howell, Locke, Lucas, Marsh, Martin, McDougle, Miller, J.C., Miller, Y.B., Norment, Northam, Obenshain, Wagner, Wampler, Watkins, Whipple--37. On motion of Senator Marsh, the reading of the joint resolution was waived. H.J.R. 1045, on motion of Senator Marsh, was agreed to. YEAS--38. YEAS--Barker, Blevins, Colgan, Cuccinelli, Deeds, Edwards, Hanger, Herring, Houck, Howell, Hurt, Locke, Lucas, Marsh, Martin, McDougle, Miller, J.C., Miller, Y.B., Norment, Northam, Obenshain, Senator Marsh was ordered to inform the House of Delegates thereof. JOINT ORDER FOR AN ELECTION The morning hour of each house having been concluded, the President stated that the Senate on its part was ready to proceed, pursuant to House Joint Resolution No. 1045, with the execution of the Joint Order to the election of the Attorney General of Virginia. The President stated that nominations were in order for the Attorney General of Virginia. On motion of Senator Marsh, the Rules were suspended and S.R. 32 (thirty-two) was taken up for immediate consideration, discharging the Committee for Courts of Justice from further consideration of the resolution, and waiving the readings of the title.

15 JOURNAL OF THE SENATE Thursday, February 26, 2009 YEAS--39. YEAS--Barker, Blevins, Colgan, Cuccinelli, Deeds, Edwards, Hanger, Herring, Houck, Howell, Hurt, Locke, Lucas, Marsh, Martin, McDougle, McEachin, Miller, J.C., Miller, Y.B., Norment, Northam, Obenshain, Petersen, Puckett, Puller, Quayle, Reynolds, Ruff, Saslaw, Smith, Stolle, Stosch, Stuart, Ticer, Vogel, Wagner, Wampler, Watkins, Whipple--39. SENATE RESOLUTION NO. 32 Nominating a person to be elected the Attorney General of Virginia. RESOLVED by the Senate, That the following person is hereby nominated to be elected Attorney General of Virginia as follows: The Honorable William C. Mims, of Henrico, to succeed the Honorable Robert F. McDonnell, as the Attorney General of Virginia for the unexpired term commencing immediately and ending January 16, S.R. 32, on motion of Senator Marsh, was ordered to be engrossed and was agreed to. Senator Marsh was ordered to inform the House of Delegates of the nomination made by the Senate. UNFINISHED BUSINESS SENATE S.B. 817 (eight hundred seventeen) was taken up with the amendment in the nature of a substitute proposed by the House of Delegates, and printed separately, the title reading as follows: A BILL to authorize the issuance of special license plates promoting tourism and conservation on the Northern Neck, for supporters of the Shenandoah National Park Trust, and for supporters of the Choose Life Virginia Fund, and to repeal :1 of the Code of Virginia, relating to special license plates for supporters of the Shenandoah National Park Association. On motion of Senator Stuart, the substitute was agreed to. YEAS--35. NAYS--3. YEAS--Barker, Blevins, Colgan, Cuccinelli, Deeds, Edwards, Hanger, Herring, Houck, Howell, Hurt, Locke, Marsh, Martin, McDougle, McEachin, Miller, J.C., Miller, Y.B., Norment, Northam, Obenshain, Petersen, Puckett, Puller, Quayle, Reynolds, Saslaw, Smith, Stolle, Stosch, Stuart, Ticer, Vogel, Wagner, Wampler--35. NAYS--Lucas, Ruff, Whipple--3. Senator Ticer stated that she was recorded as voting yea on the question of agreeing to the House substitute to S.B. 817, whereas she intended to vote nay.

16 Thursday, February 26, JOURNAL OF THE SENATE S.B (one thousand one hundred eighty-eight) was taken up with the amendment in the nature of a substitute proposed by the House of Delegates, and printed separately, the title reading as follows: A BILL to amend and reenact , , , , , , , and of the Code of Virginia, relating to elections; clarifications and revisions to registration and election processes; penalties. Senator Blevins moved that the substitute be rejected. The question was put on agreeing to the substitute. The substitute was rejected. YEAS--3. NAYS--36. YEAS--Cuccinelli, Obenshain, Wagner--3. NAYS--Barker, Blevins, Colgan, Deeds, Edwards, Hanger, Herring, Houck, Howell, Hurt, Locke, Lucas, Marsh, Martin, McDougle, McEachin, Miller, J.C., Miller, Y.B., Norment, Northam, Petersen, Puckett, Puller, Quayle, Reynolds, Ruff, Saslaw, Smith, Stolle, Stosch, Stuart, Ticer, Vogel, Wampler, Watkins, Whipple--36. S.B (one thousand three hundred thirty-eight), on motion of Senator Cuccinelli, was passed by temporarily. S.B (one thousand three hundred thirty-nine) was taken up with the amendment in the nature of a substitute with amendments proposed by the House of Delegates, the title of the substitute, printed separately, and amendments being as follows: A BILL to amend and reenact and of the Code of Virginia and to amend the Code of Virginia by adding a section numbered :1, relating to the regulation of electric utilities in the Commonwealth. 1. Line 14, substitute, after each investor-owned 2. Line 26, substitute, after each investor-owned On motion of Senator Herring, the substitute with amendments was agreed to.

17 JOURNAL OF THE SENATE Thursday, February 26, 2009 YEAS--26. NAYS--13. YEAS--Barker, Colgan, Deeds, Edwards, Herring, Houck, Howell, Hurt, Locke, Lucas, Marsh, McEachin, Miller, J.C., Miller, Y.B., Northam, Petersen, Puckett, Puller, Quayle, Reynolds, Saslaw, Stolle, Stuart, Ticer, Vogel, Whipple--26. NAYS--Blevins, Cuccinelli, Hanger, Martin, McDougle, Norment, Obenshain, Ruff, Smith, Stosch, Wagner, Wampler, Watkins--13. S.B (one thousand three hundred ninety-four) was taken up with the amendment in the nature of a substitute with amendment proposed by the House of Delegates, the title of the substitute, printed separately, and amendment being as follows: A BILL to amend and reenact , , and of the Code of Virginia, relating to removal of public officials; procedures; costs. 1. Line 31, substitute, after holds. the remainder of line 31 and all of lines 32 and 33 Senator Norment moved that the substitute with amendment be rejected. The question was put on agreeing to the substitute with amendment. The substitute with amendment was rejected. YEAS--2. NAYS--37. YEAS--Locke, Whipple--2. NAYS--Barker, Blevins, Colgan, Cuccinelli, Deeds, Edwards, Hanger, Herring, Houck, Howell, Hurt, Lucas, Marsh, Martin, McDougle, McEachin, Miller, J.C., Miller, Y.B., Norment, Northam, Obenshain, Petersen, Puckett, Puller, Quayle, Reynolds, Ruff, Saslaw, Smith, Stolle, Stosch, Stuart, Ticer, Vogel, Wagner, Wampler, Watkins--37. S.B (one thousand three hundred thirty-eight) was taken up with the amendments proposed by the House of Delegates as follows: 1. At the beginning of line 136, engrossed F. No award from the Fund may be provided if the otherwise qualified business performs research on human cells or tissue derived from induced abortions, or from stem cells obtained from human embryos; excluding research conducted using stem cells other than embryonic stem cells. 2. Line 228, engrossed, after compensation.

18 Thursday, February 26, JOURNAL OF THE SENATE Additionally, an investment shall not be qualified if the otherwise qualified business performs research on human cells or tissue derived from induced abortions, or from stem cells obtained from human embryos; excluding research conducted using stem cells other than embryonic stem cells. Senator Herring moved that the amendments be rejected. The question was put on agreeing to the amendments. The amendments were rejected. YEAS--10. NAYS--28. YEAS--Cuccinelli, Hurt, Martin, McDougle, Obenshain, Puckett, Smith, Stosch, Vogel, Wampler--10. NAYS--Barker, Blevins, Deeds, Edwards, Hanger, Herring, Houck, Howell, Locke, Lucas, Marsh, McEachin, Miller, J.C., Miller, Y.B., Norment, Northam, Petersen, Puller, Quayle, Reynolds, Ruff, Saslaw, Stolle, Stuart, Ticer, Wagner, Watkins, Whipple--28. Senator Ruff stated that he was recorded as voting nay on the question of agreeing to the House amendments to S.B. 1338, whereas he intended to vote yea. HOUSE BILL WITH GOVERNOR S RECOMMENDATION H.B (two thousand six hundred sixty-five), on motion of Senator Houck, was passed by temporarily. HOUSE BILL ON THIRD READING H.B (two thousand four hundred seventy-six) was taken up, the amendment offered by Senator Barker having been offered on February 25, Senator Barker withdrew the amendment. Senator Stolle offered the following amendments: 1. Line 7, engrossed, Title, after license plates ; use by certain military members 2. Line 35, engrossed, after , or 3. Line 36, engrossed, after driver

19 JOURNAL OF THE SENATE Thursday, February 26, 2009, or 8. Any active duty military member who is utilizing Interstate Route 264 and Interstate Route 64 in the cities of Virginia Beach, Norfolk, and Chesapeake for the purposes of traveling to and from the Naval Operations Base and the Naval Air Station at the Norfolk Naval Base 4. Line 107, engrossed, at the beginning of the line 2. The Secretary of Transportation will work with the Department of the Navy to develop a mechanism for enforcement of HOV lanes. On motion of Senator Stolle, the reading of the amendments was waived. Senator Stolle moved that the amendments be agreed to. PARLIAMENTARY INQUIRY Senator Deeds propounded a parliamentary inquiry as to whether the amendments offered by Senator Stolle to H.B were germane. The Chair stated that the amendments offered by Senator Stolle to H.B were germane. The question was put on agreeing to the amendments. The yeas and nays were called for; and, being desired by one-fifth of the Senators present, the yeas and nays were ordered. YEAS--17. NAYS--21. YEAS--Blevins, Colgan, Hanger, Hurt, Martin, McDougle, Miller, J.C., Miller, Y.B., Norment, Northam, Quayle, Ruff, Stolle, Stosch, Wagner, Wampler, Watkins--17. NAYS--Barker, Deeds, Edwards, Herring, Houck, Howell, Locke, Lucas, Marsh, McEachin, Obenshain, Petersen, Puckett, Puller, Reynolds, Saslaw, Smith, Stuart, Ticer, Vogel, Whipple--21. The amendments were rejected. Senator Deeds stated that he was recorded as voting nay on the question of agreeing to the amendments offered by Senator Stolle to H.B. 2476, whereas he intended to vote yea. H.B. 2476, on motion of Senator Miller, Y.B., was passed with its title.

20 Thursday, February 26, JOURNAL OF THE SENATE YEAS--36. NAYS--2. YEAS--Blevins, Colgan, Cuccinelli, Deeds, Edwards, Hanger, Herring, Houck, Howell, Hurt, Locke, Marsh, Martin, McDougle, McEachin, Miller, J.C., Miller, Y.B., Norment, Northam, Obenshain, Petersen, Puckett, Puller, Quayle, Reynolds, Ruff, Saslaw, Smith, Stolle, Stosch, Ticer, Vogel, Wagner, Wampler, Watkins, Whipple--36. NAYS--Barker, Stuart--2. JOINT ORDER FOR AN ELECTION RESUMED The Joint Order under House Joint Resolution No was resumed. MESSAGE FROM THE HOUSE A message was received from the House of Delegates by Delegate Janis, who informed the Senate that the following nomination had been made by the House: For the Attorney General of Virginia: William C. Mims. The roll was called with the following results: For the Attorney General of Virginia for the term set forth: The nominee by Senate Resolution No. 32 received an affirmative vote of 38. YEAS--38. YEAS--Barker, Blevins, Colgan, Cuccinelli, Edwards, Hanger, Herring, Houck, Howell, Hurt, Locke, Lucas, Marsh, Martin, McDougle, McEachin, Miller, J.C., Miller, Y.B., Norment, Northam, Obenshain, Petersen, Puckett, Puller, Quayle, Reynolds, Ruff, Saslaw, Smith, Stolle, Stosch, Stuart, Ticer, Vogel, The President appointed Senators Reynolds, Deeds, and Hurt, the committee on the part of the Senate to count and report the vote of each house in each case. Subsequently, the committee reported as follows: Whole number of votes necessary to elect: A majority of the total membership...71 For the Attorney General of Virginia for the unexpired term commencing immediately and ending January 16, 2010: William C. Mims received:

21 JOURNAL OF THE SENATE Thursday, February 26, 2009 In the House...93 In the Senate...38 On motion of Senator Marsh, the reading of the report was waived. YEAS--38. NAYS--1. YEAS--Barker, Blevins, Colgan, Cuccinelli, Edwards, Hanger, Herring, Houck, Howell, Hurt, Locke, Lucas, Marsh, Martin, McDougle, McEachin, Miller, J.C., Miller, Y.B., Norment, Northam, Obenshain, Petersen, Puckett, Puller, Quayle, Reynolds, Ruff, Saslaw, Smith, Stolle, Stosch, Stuart, Ticer, Vogel, NAYS--Deeds--1. William C. Mims, having received the vote of a majority of the total membership of the General Assembly, was declared by the President duly elected the Attorney General of Virginia for the unexpired term commencing immediately and ending January 16, HOUSE BILLS ON THIRD READING H.B (one thousand eight hundred forty-three), on motion of Senator Marsh, was passed by temporarily. H.B (two thousand four hundred fifty-five), on motion of Senator Herring, was passed by temporarily. H.B (two thousand two hundred twenty-four) was taken up, the committee amendments having been agreed to on February 24, Senator Ruff offered the following amendments: 1. Line 42, engrossed, after regulations shall may 2. Line 44, engrossed, after Test or a comparable proof of competency of Braille On motion of Senator Ruff, the reading of the amendments was waived. On motion of Senator Ruff, the amendments were agreed to. The amendments were ordered to be engrossed. H.B. 2224, on motion of Senator Houck, was passed with its title.

22 Thursday, February 26, JOURNAL OF THE SENATE YEAS--33. NAYS--5. YEAS--Barker, Blevins, Colgan, Cuccinelli, Deeds, Edwards, Hanger, Herring, Houck, Howell, Hurt, Locke, Lucas, Marsh, McDougle, McEachin, Miller, J.C., Miller, Y.B., Northam, Obenshain, Petersen, Puckett, Puller, Quayle, Ruff, Saslaw, Stosch, Stuart, Ticer, Vogel, Wagner, Watkins, Whipple--33. NAYS--Norment, Reynolds, Smith, Stolle, Wampler--5. H.B (two thousand seventy-nine), on motion of Senator Norment, was passed by temporarily. H.B (one thousand nine hundred ninety-four) was taken up and, on motion of Senator Saslaw, was passed with its title. YEAS--26. NAYS--13. YEAS--Barker, Colgan, Deeds, Edwards, Hanger, Herring, Houck, Howell, Hurt, Locke, Lucas, Marsh, McEachin, Miller, J.C., Miller, Y.B., Northam, Petersen, Puckett, Puller, Reynolds, Saslaw, Stosch, Stuart, Ticer, Vogel, Whipple--26. NAYS--Blevins, Cuccinelli, Martin, McDougle, Norment, Obenshain, Quayle, Ruff, Smith, Stolle, Wagner, Wampler, Watkins--13. H.B (two thousand forty-one) was taken up, the committee substitute having been agreed to on February 25, The substitute was ordered to be engrossed. Senator Marsh moved that H.B be passed with its title. Senator Reynolds moved, as a substitute motion, that H.B be recommitted to the Committee for Courts of Justice. The question was put on recommitting H.B to the Committee for Courts of Justice. The motion was agreed to. H.B was recommitted to the Committee for Courts of Justice. H.B (two thousand two hundred forty-five) was taken up. Senator Marsh moved that H.B be passed with its title. Senator Wagner moved, as a substitute motion, that H.B be recommitted to the Committee for Courts of Justice. The question was put on recommitting H.B to the Committee for Courts of Justice. The motion was agreed to.

23 JOURNAL OF THE SENATE Thursday, February 26, 2009 H.B was recommitted to the Committee for Courts of Justice. H.B (two thousand five hundred six) was read by title the third time. The amendment in the nature of a substitute proposed by the Committee on Commerce and Labor 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 base rates of return for certain types of electrical generation. The reading of the substitute was waived. On motion of Senator Saslaw, the substitute was agreed to. Senator Watkins offered the following amendment to the substitute: 1. Line 571, substitute, after report. 3. That every electric utility shall include, on each periodic billing statement sent to a retail customer in the Commonwealth on or after January 1, 2010, a statement of the amount of the customer s charges for service, if any, that proximately results from the electric utility s implementation of the provisions of this act. Such amount shall be calculated by the electric utility in accordance with a methodology approved by the State Corporation Commission. On motion of Senator Watkins, the reading of the amendment was waived. Senator Watkins moved that the amendment be agreed to. The question was put on agreeing to the amendment. The amendment was rejected. The substitute was ordered to be engrossed. H.B. 2506, on motion of Senator Saslaw, was passed with its title. YEAS--20. NAYS--18. YEAS--Barker, Deeds, Edwards, Herring, Houck, Howell, Hurt, Locke, Lucas, Marsh, Miller, J.C., Northam, Petersen, Puckett, Puller, Reynolds, Saslaw, Ticer, Vogel, Whipple--20. NAYS--Blevins, Colgan, Cuccinelli, Hanger, Martin, McDougle, Miller, Y.B., Norment, Obenshain, Quayle, Ruff, Smith, Stolle, Stosch, Stuart, Wagner, Wampler, Watkins--18. Senator McEachin stated that he was recorded as not voting on the question of the passage of H.B. 2506, whereas he intended to vote yea.