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JOURNAL OF THE SENATE -15- Wednesday, April 23, 2008 WEDNESDAY, APRIL 23, 2008 The Senate met immediately upon adjournment sine die of the Reconvened Session of the 2008 Regular Session of the General Assembly at 4:31 p.m. and was called to order by Lieutenant Governor William T. Bolling. John McE. Garrett, Chief Deputy Clerk of the Senate and Elder at St. James Presbyterian Church, King William, Virginia, offered the following prayer: Bless, O God, these elected representatives of the peoples of the Commonwealth, as they convene to do the work of the people in this the peoples building. We ask that their minds and hearts be open to Your counsel. Amen. The roll was called and the following Senators answered to their names: 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, Wagner, Wampler, Watkins, Whipple. A quorum was present. After the roll call, Senator Obenshain notified the Clerk of his presence. On motion of Senator Wagner, the reading of the Journal was waived. YEAS--38. YEAS--Barker, Blevins, Colgan, 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--38. CALENDAR CONFERENCE COMMITTEE REPORT Senator Colgan, for the committee of conference on H.B. 5001 (five thousand one), presented the following report: Joint Conference Committee Report On House Bill No. 5001 We, the conferees, appointed by the respective bodies to consider and report upon the disagreeing vote on House Bill No. 5001, report as follows: A. We recommend that the Senate Amendments be rejected.

Wednesday, April 23, 2008-16- JOURNAL OF THE SENATE B. We recommend the attached Amendment in the Nature of a Substitute to resolve the matters under disagreement. /s/ Delegate Lacey E. Putney /s/ Delegate M. Kirkland Cox /s/ Delegate Clarke N. Hogan /s Delegate Johnny S. Joannou Conferees on the part of the House /s/ Senator Charles J. Colgan, Sr. /s/ Senator Henry L. Marsh, III /s/ Senator Kenneth W. Stolle /s/ Senator Emmett W. Hanger, Jr. /s/ Senator John C. Watkins Conferees on the part of the Senate AMENDMENT IN THE NATURE OF A SUBSTITUTE FOR HOUSE BILL NO. 5001 [The substitute having been printed separately, the title only is recorded as follows:] A BILL to amend and reenact 2.2-1509.1, 2.2-1514, as it is currently effective and as it may become effective, 2.2-2260, and 23-30.28 of the Code of Virginia, to amend the Code of Virginia by adding in Title 2.2 a chapter numbered 15.1, consisting of sections numbered 2.2-1515 through 2.2-1520, and to repeal 2.2-1503.2 of the Code of Virginia, relating to providing for capital outlay planning and funding. On motion of Senator Colgan, the joint conference committee report was agreed to. YEAS--38. YEAS--Barker, Blevins, Colgan, 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--38. STATEMENTS ON VOTE Senator Norment stated that he was abstaining pursuant to Senate Rule 36 on lines 446-448, but voting on H.B. 5001 as a whole. Senator Stolle stated that he was abstaining pursuant to Senate Rule 36 on lines 446-448, but voting on H.B. 5001 as a whole. CONFERENCE COMMITTEE REPORT Senator Colgan, for the committee of conference on S.B. 5001 (five thousand one), presented the following report:

JOURNAL OF THE SENATE -17- Wednesday, April 23, 2008 Joint Conference Committee Report On Senate Bill No. 5001 We, the conferees, appointed by the respective bodies to consider and report upon the disagreeing vote on Senate Bill No. 5001, report as follows: A. We recommend that the House Amendments be rejected. B. We recommend the attached Amendment in the Nature of a Substitute to resolve the matters under disagreement. /s/ Senator Charles J. Colgan, Sr. /s/ Senator Henry L. Marsh, III /s/ Senator Kenneth W. Stolle /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 M. Kirkland Cox /s/ Delegate Clarke N. Hogan /s Delegate Johnny S. Joannou Conferees on the part of the House AMENDMENT IN THE NATURE OF A SUBSTITUTE FOR SENATE BILL NO. 5001 [The substitute having been printed separately, the title only is recorded as follows:] A BILL to amend and reenact 2.2-1509.1, 2.2-1514, as it is currently effective and as it may become effective, 2.2-2260, and 23-30.28 of the Code of Virginia, to amend the Code of Virginia by adding in Title 2.2 a chapter numbered 15.1, consisting of sections numbered 2.2-1515 through 2.2-1520, and to repeal 2.2-1503.2 of the Code of Virginia, relating to providing for capital outlay planning and funding. On motion of Senator Colgan, the joint conference committee report was agreed to. YEAS--38. YEAS--Barker, Blevins, Colgan, 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--38. STATEMENTS ON VOTE Senator Norment stated that he was abstaining pursuant to Senate Rule 36 on lines 446-448, but voting on S.B. 5001 as a whole. Senator Stolle stated that he was abstaining pursuant to Senate Rule 36 on lines 446-448, but voting on S.B. 5001 as a whole.

Wednesday, April 23, 2008-18- JOURNAL OF THE SENATE INTRODUCTION OF LEGISLATION The following, by leave, were presented and laid on the Clerk s Desk under Senate Rule 26 (g): S.J.R. 5001. Celebrating the life of Charles A. Potter, Sr. Patrons--Deeds and Hanger S.J.R. 5002. Celebrating the life of David Vernon Layman. Patrons--Edwards, Deeds and Smith; Delegates: McClellan, Putney, Valentine and Ware, O. S.J.R. 5003. Celebrating the life of George Plummer Beard, Jr. Patrons--Houck, Barker, Blevins, Colgan, Deeds, Edwards, Hanger, Herring, 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, Ticer, Vogel, Wagner, Wampler, Watkins and Whipple S.J.R. 5004. Celebrating the life of the Honorable John Whittier Scott, Jr. Patrons--Houck, Blevins, Colgan, Deeds, Edwards, Hanger, Herring, 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, Ticer, Vogel, Wagner, Wampler, Watkins and Whipple S.J.R. 5005. Celebrating the life of Sattie Joyce Harris Byrd. Patron--Locke S.J.R. 5006. Celebrating the life of Jocelyn Pretlow Goss. Patrons--Miller, Y.B., Herring, Barker, Deeds, Edwards, Hanger, Houck, Howell, Locke, Lucas, Marsh, McEachin, Miller, J.C., Northam, Petersen, Puckett, Puller, Reynolds, Saslaw, Stosch, Ticer and Whipple; Delegates: Alexander, BaCote, Barlow, Dance, Hogan, Howell, A.T., Janis, Jones, D.C., McClellan, Melvin, Spruill, Tyler, Ward and Ware, O. S.J.R. 5007. Celebrating the life of Zenobia Johnson Poyner. Patrons--Miller, Y.B., Barker, Blevins, Colgan, Deeds, Edwards, Hanger, Herring, Houck, Howell, Locke, Lucas, Marsh, Martin, McDougle, McEachin, Miller, J.C., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Quayle, Reynolds, Ruff, Saslaw, Smith, Stolle, Stosch, Stuart, Ticer, Vogel, Wagner, Wampler, Watkins and Whipple; Delegates: BaCote, Barlow, Bowling, Brink, Dance, Hall, Hogan, Howell, W.J., Janis, Joannou, Johnson, Jones, D.C., Lewis, Mathieson, Melvin, Morgan, Morrissey, Phillips, Poisson, Pollard, Scott, J.M., Spruill, Tyler, Ward, Ware, O. and Ware, R.L. S.J.R. 5008. Celebrating the life of June Oblinger Shott. Patrons--Puckett; Delegates: Bowling and Crockett-Stark S.J.R. 5009. Celebrating the life of Charlton Heston. Patrons--Smith, Blevins, Edwards, Hanger, Hurt, Martin, Obenshain, Stuart and Vogel; Delegates: Griffith and Nutter S.J.R. 5010. Commending the Nelson County High School boys basketball team. Patrons--Deeds; Delegate: Abbitt S.J.R. 5011. Commending Rose Williams. Patrons--Deeds; Delegate: Toscano

JOURNAL OF THE SENATE -19- Wednesday, April 23, 2008 S.J.R. 5012. Commending J. Stewart Bryan III. Patron--Houck S.J.R. 5013. Commending Norma Dunwody. Patrons--Houck; Delegate: Scott, E.T. S.J.R. 5014. Commending Edward J. Evers. Patron--Houck S.J.R. 5015. Commending Albert G. Johnson. Patron--Houck S.J.R. 5016. Commending Xavier R. Richardson. Patrons--Houck and Stuart; Delegates: Cole, Howell, W.J. and Orrock S.J.R. 5017. Commending the Heritage High School girls basketball team. Patrons--Locke and Miller, J.C.; Delegate: BaCote S.J.R. 5018. Commending the Floyd County High School girls basketball team. Patrons--Reynolds; Delegate: Poindexter S.J.R. 5019. Commending the George Wythe High School boys basketball team. Patron--Reynolds S.J.R. 5020. Commending Elmer C. Hodge, Jr. Patrons--Smith and Edwards; Delegates: Fralin, Griffith, Howell, A.T. and Nutter S.J.R. 5021. Commending Malvin Wells. Patrons--Smith and Edwards; Delegates: Griffith and Nutter S.J.R. 5022. Commending William Earl Wilson. Patrons--Whipple, Barker, Blevins, Colgan, 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, Ticer, Vogel, Wagner, Wampler and Watkins S.J.R. 5023. Celebrating the life of Justin L. Whitaker. Patrons--Stuart; Delegates: Cole and Howell, W.J. MESSAGE FROM THE HOUSE 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. 5029 (five thousand twenty-nine), as follows; in which it requested the concurrence of the Senate: HOUSE JOINT RESOLUTION NO. 5029 Election of Court of Appeals of Virginia Judges, Circuit Court Judges, General District Court Judges, Juvenile and Domestic Relations District Court Judges, a member of the State Corporation Commission, members of the Judicial Inquiry and Review Commission, and a member of the Virginia Workers Compensation Commission.

Wednesday, April 23, 2008-20- JOURNAL OF THE SENATE RESOLVED by the House of Delegates, the Senate concurring, That the General Assembly, in accordance with the provisions of House Joint Resolution No. 31, shall proceed this day at the conclusion of each house s morning hour To the election of Court of Appeals of Virginia judges for a term of eight years commencing as follows: One judge, term commencing July 1, 2008. One judge, term commencing April 16, 2008. To the election of Circuit Court judges for a term of eight years commencing as follows: One judge for the First Judicial Circuit, term One judge for the First Judicial Circuit, term One judge for the Second Judicial Circuit, term commencing June 1, 2008. One judge for the Eighth Judicial Circuit, term One judge for the Fifteenth Judicial Circuit, term One judge for the Fifteenth Judicial Circuit, term One judge for the Sixteenth Judicial Circuit, term commencing August 1, 2008. One judge for the Eighteenth Judicial Circuit, term One judge for the Twenty-fourth Judicial Circuit, term commencing June 1, 2008. One judge for the Twenty-fifth Judicial Circuit, term commencing May 1, 2008 One judge for the Twenty-sixth Judicial Circuit, term One judge for the Twenty-ninth Judicial Circuit, term One judge for the Thirty-first Judicial Circuit, term To the election of General District Court judges for a term of six years commencing as follows: One judge for the Fifth Judicial District, term One judge for the Eighth Judicial District, term One judge for the Eighth Judicial District, term One judge for the Eighteenth Judicial District, term One judge for the Nineteenth Judicial District, term One judge for the Twenty-ninth Judicial District, term To the election of Juvenile and Domestic Relations District Court judges for a term of six years commencing as follows: One judge for the Eighth Judicial District, term One judge for the Thirteenth Judicial District, term One judge for the Twenty-fifth Judicial District, term One judge for the Thirty-first Judicial District, term To the election of a member of the State Corporation Commission for a term of six years commencing May 1, 2008. To the election of three members of the Judicial Inquiry and Review Commission for terms of four years commencing as follows: One member, term commencing July 1, 2008. One member, term commencing July 1, 2008. One member, to succeed the Honorable Leroy F. Millette, Jr., term commencing May 1, 2008, and ending June 30, 2009. To the election of a member of the Virginia Workers Compensation Commission for a term of six years

JOURNAL OF THE SENATE -21- Wednesday, April 23, 2008 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 four, 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. At 4:55 p.m., Senator Saslaw moved that the Senate recess until 6:23 p.m. The motion was agreed to. The hour of 6:23 p.m. having arrived, the Chair was resumed. At 6:24 p.m., Senator Saslaw moved that the Senate recess until 6:27 p.m. The motion was agreed to. The hour of 6:27 p.m. having arrived, the Chair was resumed. At 6:28 p.m., Senator Saslaw moved that the Senate recess until 6:59 p.m. The motion was agreed to. The hour of 6:59 p.m. having arrived, the Chair was resumed. The following communication was received: HOUSE COMMUNICATION In the House of Delegates April 23, 2008 THE HOUSE OF DELEGATES HAS AGREED TO THE REPORT OF THE COMMITTEE OF CONFERENCE ON THE FOLLOWING SENATE BILL: S.B. 5001. A Bill to amend and reenact 2.2-1503.2 and 2.2-1509 of the Code of Virginia relating to capital improvement planning and funding; authorizing for certain projects to be financed by the Virginia College Building Authority with the principal amount of bonds issued for all such projects not to exceed $1,374,928,000; authorizing for certain projects to be financed by the Virginia Public Building Authority with the principal amount of bonds issued for all such projects not to exceed $1,103,600,000; and authorizing the State Treasurer to advance treasury loans in an amount not to exceed the costs of planning for certain capital projects with the total amount of treasury loans advanced for the costs of planning of all such projects not to exceed $95,570,000. THE HOUSE OF DELEGATES HAS AGREED TO THE REPORT OF THE COMMITTEE OF CONFERENCE ON THE FOLLOWING HOUSE BILL: H.B. 5001. A BILL to amend and reenact 2.2-1509 of the Code of Virginia, and to repeal 2.2-1503.2, 2.2-1509.1, and 2.2-1514, as it is currently effective and as it may become effective, of the Code of Virginia, relating to providing for capital improvement planning and funding.

Wednesday, April 23, 2008-22- JOURNAL OF THE SENATE THE HOUSE OF DELEGATES HAS AGREED TO THE FOLLOWING HOUSE JOINT RESOLUTIONS: H.J.R. 5003. Celebrating the life of George Plummer Beard, Jr. H.J.R. 5004. Celebrating the life of Earl Henson Henley. H.J.R. 5005. Celebrating the life of Evelyn Jeanne Aubry McMann. H.J.R. 5006. Celebrating the life of Charles Harvey Stebbins, Sr. H.J.R. 5007. Celebrating the life of Albert G. Van Metre, Sr. H.J.R. 5008. Celebrating the life of Frances Nelson Gray. H.J.R. 5009. Celebrating the life of Robert Elester Caple. H.J.R. 5010. Commending Benjamin P. Scafidi. H.J.R. 5011. Commending Mount Holly Baptist Church on the occasion of its 175th anniversary. H.J.R. 5012. Commending E. Stokes Daniels, Jr. H.J.R. 5013. Commending the Danville Pittsylvania County Chamber of Commerce. H.J.R. 5014. Commending T. Taylor Warren. H.J.R. 5015. Commending Peter A. Castiglione, Jr. H.J.R. 5016. Commending the Hidden Valley High School girls basketball team. H.J.R. 5017. Commending the Most Reverend Paul S. Loverde. H.J.R. 5018. Commending the Chantilly High School robotics team. H.J.R. 5019. Commending the Colonial Forge High School wrestling team. H.J.R. 5020. Commending Virginia International University on the occasion of its accreditation and 10th anniversary. H.J.R. 5021. Commending the Floyd County High School girls basketball team. H.J.R. 5022. Commending Mike Williams. H.J.R. 5023. Commending Dr. Jim Shaw and Cooka Shaw. H.J.R. 5024. Commending the Honorable Thomas H. Wood, Jr. H.J.R. 5025. Commending the Heritage High School girls basketball team. H.J.R. 5026. Commending Sergeant Calvin Linnette.

JOURNAL OF THE SENATE -23- Wednesday, April 23, 2008 H.J.R. 5027. Celebrating the life of MaryEllen Cliborne Cox. H.J.R. 5028. Celebrating the life of Alson Howard Smith, Jr. 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--38. YEAS--Barker, Blevins, Colgan, 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--38. 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. 5003, H.J.R. 5004, H.J.R. 5005, H.J.R. 5006, H.J.R. 5007, H.J.R. 5008, H.J.R. 5009, H.J.R. 5010, H.J.R. 5011, H.J.R. 5012, H.J.R. 5013, H.J.R. 5014, H.J.R. 5015, H.J.R. 5016, H.J.R. 5017, H.J.R. 5018, H.J.R. 5019, H.J.R. 5020, H.J.R. 5021, H.J.R. 5022, H.J.R. 5023, H.J.R. 5024, H.J.R. 5025, H.J.R. 5026, H.J.R. 5027, and H.J.R. 5028. COMMITTEE REPORTS Senator Marsh, from the Committee for Courts of Justice, presented the following reports: SENATE OF VIRGINIA April 23, 2008 The Committee for Courts of Justice hereby certifies that the following persons are qualified for the respective circuit court judgeships as follows: Mary Jane Hall, of Norfolk, as a judge of the Fourth Judicial Circuit for a term of eight years

Wednesday, April 23, 2008-24- JOURNAL OF THE SENATE The Honorable Louis A. Sherman, of Norfolk, as a judge of the Fourth Judicial Circuit for a term of eight years /s/ Henry L. Marsh, III, Chairman Committee for Courts of Justice SENATE OF VIRGINIA April 23, 2008 The Committee for Courts of Justice hereby certifies that the following person is qualified for the general district court judgeship, as follows: V. James Ventura, of Fredericksburg, as a judge of the Fifteenth Judicial District for a term of six years /s/ Henry L. Marsh, III, Chairman Committee for Courts of Justice SENATE OF VIRGINIA April 23, 2008 The Committee for Courts of Justice hereby certifies that the following persons are qualified for the respective juvenile and domestic relations district court judgeships, as follows: Michelle J. L. Atkins, of Norfolk, as a judge of the Fourth Judicial District for a term of six years Patricia Kelly, of Fredericksburg, as a judge of the Fifteenth Judicial District for a term of six years /s/ Henry L. Marsh, III, Chairman Committee for Courts of Justice IMMEDIATE CONSIDERATION On motion of Senator Marsh, the Rules were suspended and H.J.R. 5029 (five thousand twenty-nine) was taken up for immediate consideration.

JOURNAL OF THE SENATE -25- Wednesday, April 23, 2008 YEAS--38. YEAS--Barker, Blevins, Colgan, 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--38. On motion of Senator Marsh, the reading of the joint resolution was waived. Senator Marsh offered the following amendments: 1. Line 10, engrossed, after No. strike 31 insert 5002 2. Line 19, engrossed strike all of line 19 On motion of Senator Marsh, the reading of the amendments was waived. On motion of Senator Marsh, the amendments were agreed to. Senator Houck offered the following amendments: 1. Line 34, engrossed, after line 33 insert One judge for the Fifteenth Judicial District, term 2. Line 41, engrossed, after line 40 insert One judge for the Fifteenth Judicial District, term On motion of Senator Houck, the reading of the amendments was waived. On motion of Senator Houck, the amendments were agreed to. Senator Miller, Y.B., offered the following amendments: 1. Line 20, engrossed, after line 19 insert One judge for the Fourth Judicial Circuit, term One judge for the Fourth Judicial Circuit, term One judge for the Fourth Judicial Circuit, term 2. Line 31, engrossed, after line 30

Wednesday, April 23, 2008-26- JOURNAL OF THE SENATE insert One judge for the Fourth Judicial District, term 3. Line 39, engrossed, after line 38 insert One judge for the Fourth Judicial District, term On motion of Senator Miller, Y.B., the reading of the amendments was waived. On motion of Senator Miller, Y.B., the amendments were agreed to. Senator Saslaw offered the following amendment: 1. Line 43, engrossed strike all of lines 43 through 44 On motion of Senator Saslaw, the reading of the amendment was waived. On motion of Senator Saslaw, the amendment was agreed to. The amendments were ordered to be engrossed. H.J.R. 5029, on motion of Senator Marsh, was agreed to. YEAS--37. RULE 36--1. YEAS--Barker, Blevins, Colgan, 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, Stuart, Ticer, Vogel, Wagner, Wampler, Watkins, Whipple--37. RULE 36--Stosch--1. RECONSIDERATION Senator Hanger moved to reconsider the vote by which H.J.R. 5029 (five thousand twenty-nine) was agreed to. The motion was agreed to. YEAS--38. YEAS--Barker, Blevins, Colgan, 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--38.

JOURNAL OF THE SENATE -27- Wednesday, April 23, 2008 H.J.R. 5029, on motion of Senator Marsh, was agreed to. YEAS--38. YEAS--Barker, Blevins, Colgan, 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--38. Senator Marsh was ordered to inform the House of Delegates thereof. MEMORIAL AND COMMENDING RESOLUTIONS IMMEDIATE CONSIDERATION On motion of Senator Saslaw, the Rules were suspended and the following joint resolutions, having been laid on the Clerk s Desk pursuant to Senate Rule 26 (g), were taken up for immediate consideration: H.J.R 5003 (five thousand three). H.J.R. 5004 (five thousand four). H.J.R. 5005 (five thousand five). H.J.R. 5006 (five thousand six). H.J.R. 5007 (five thousand seven). H.J.R. 5008 (five thousand eight). H.J.R. 5009 (five thousand nine). H.J.R. 5027 (five thousand twenty-seven). H.J.R. 5028 (five thousand twenty-eight). S.J.R. 5001 (five thousand one). S.J.R. 5002 (five thousand two). S.J.R. 5003 (five thousand three). S.J.R. 5004 (five thousand four). S.J.R. 5005 (five thousand five). S.J.R. 5006 (five thousand six). S.J.R. 5007 (five thousand seven). S.J.R. 5008 (five thousand eight). S.J.R. 5009 (five thousand nine). S.J.R. 5023 (five thousand twenty-three). H.J.R. 5010 (five thousand ten). H.J.R. 5011 (five thousand eleven). H.J.R. 5012 (five thousand twelve). H.J.R. 5013 (five thousand thirteen). H.J.R. 5014 (five thousand fourteen). H.J.R. 5015 (five thousand fifteen). H.J.R. 5016 (five thousand sixteen). H.J.R. 5017 (five thousand seventeen). H.J.R. 5018 (five thousand eighteen). H.J.R. 5019 (five thousand nineteen). H.J.R. 5020 (five thousand twenty). H.J.R. 5021 (five thousand twenty-one). H.J.R. 5022 (five thousand twenty-two).

Wednesday, April 23, 2008-28- JOURNAL OF THE SENATE H.J.R. 5023 (five thousand twenty-three). H.J.R. 5024 (five thousand twenty-four). H.J.R. 5025 (five thousand twenty-five). H.J.R. 5026 (five thousand twenty-six). S.J.R. 5010 (five thousand ten). S.J.R. 5011 (five thousand eleven). S.J.R. 5012 (five thousand twelve). S.J.R. 5013 (five thousand thirteen). S.J.R. 5014 (five thousand fourteen). S.J.R. 5015 (five thousand fifteen). S.J.R. 5016 (five thousand sixteen). S.J.R. 5017 (five thousand seventeen). S.J.R. 5018 (five thousand eighteen). S.J.R. 5019 (five thousand nineteen). S.J.R. 5020 (five thousand twenty). S.J.R. 5021 (five thousand twenty-one). S.J.R. 5022 (five thousand twenty-two). YEAS--38. YEAS--Barker, Blevins, Colgan, 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--38. On motion of Senator Saslaw, the questions on agreeing to the House joint resolutions that follow were considered en bloc. On motion of Senator Saslaw, the following House joint resolutions were taken up and agreed to en bloc by a unanimous standing vote: H.J.R. 5004 (five thousand four). H.J.R. 5005 (five thousand five). H.J.R. 5006 (five thousand six). H.J.R. 5007 (five thousand seven). H.J.R. 5008 (five thousand eight). H.J.R. 5009 (five thousand nine). H.J.R. 5027 (five thousand twenty-seven). H.J.R. 5003 (five thousand three) was taken up, as follows: Celebrating the life of George Plummer Beard, Jr. HOUSE JOINT RESOLUTION NO. 5003 WHEREAS, George Plummer Beard, Jr., of Culpeper, a beloved citizen of the Commonwealth and member of the House of Delegates from 1978 to 1988, died on March 26, 2008; and

JOURNAL OF THE SENATE -29- Wednesday, April 23, 2008 WHEREAS, a native of Culpeper, George Beard was born at Eastern View Farm to George P. Beard, Sr., and Lillian White Beard on April 18, 1921, graduated from Culpeper County High School, and attended the American Institute of Banking; and WHEREAS, George Beard served his country in the United States Army in Europe during World War II, received the Bronze Star and Combat Infantry Badge, and was awarded a battlefield commission for his outstanding leadership; and WHEREAS, George Beard was the devoted husband of the late Lorraine Weaver Beard, and the couple shared a wonderful life together and had a daughter, Susan, and four sons, Dick, Tim, Robert, and Jack; and WHEREAS, a respected banker and community leader, George Beard served as the president and chief executive officer of Second National Bank for many years and retired as the bank s chairman of the board; and WHEREAS, desiring to make a difference in the Commonwealth, George Beard became involved in state politics and was elected to the House of Delegates in 1978 representing the 30th District, which included part of Culpeper County and Greene, Madison, and Orange Counties; and WHEREAS, Delegate Beard served on the House s Education, Finance, and Agriculture committees, and he worked diligently to enact important legislation for the citizens of Virginia; and WHEREAS, committed to improving the quality of life of his fellow citizens, George Beard served as president of the Virginia Bankers Association and the Culpeper County Chamber of Commerce; as director of Culpeper Broadcasting Corporation; as a member of the Culpeper County School Board; as treasurer, chairman, and board trustee of Culpeper Memorial Hospital; and he was a valuable asset in the formation of Culpeper Regional Hospital; and WHEREAS, George Beard was a longtime member of the Rotary Club, Veterans of Foreign Wars Post 2523, American Legion Post 330, Fairfax Masonic Lodge No. 43 AF&AM, Culpeper Rescue Squad, and Culpeper Jaycees; and WHEREAS, attentive to the needs of his neighbors, George Beard was a faithful member of Culpeper Presbyterian Church, where he was an elder and trustee and was active in the church s many missions in the community; and WHEREAS, George Beard was honored many times over the years for his exemplary community service, including as the third recipient of the L. B. Henretty Award presented by the Culpeper County Chamber of Commerce; and WHEREAS, George Beard will be remembered for his devotion to his beloved community of Culpeper and will be greatly missed by his children and their wonderful families, including his grandchildren and great-granddaughter; many loving family members and friends; his colleagues on both sides of the aisle; and the citizens of the Commonwealth; now, therefore, be it RESOLVED by the House of Delegates, the Senate concurring, That the General Assembly mourn the loss of one of its admired former members, George Plummer Beard, Jr.; and, be it RESOLVED FURTHER, That the Clerk of the House of Delegates prepare a copy of this resolution for presentation to the family of George Plummer Beard, Jr., as an expression of the General Assembly s respect for his memory.

Wednesday, April 23, 2008-30- JOURNAL OF THE SENATE H.J.R. 5003, on motion of Senator Houck, was agreed to by a unanimous standing vote. H.J.R. 5028 (five thousand twenty-eight) was taken up, as follows: Celebrating the life of Alson Howard Smith, Jr. HOUSE JOINT RESOLUTION NO. 5028 WHEREAS, Alson Howard Smith, Jr., of Winchester, age 80, a beloved citizen of the Commonwealth and member of the House of Delegates from 1974 to 1993, died on March 23, 2008; and WHEREAS, Alson Al Howard Smith, Jr., was born in Frederick County to Beulah Belle and Alson H. Smith, Sr., on January 6, 1928, attended Handley High School, and proudly served his country in the United States Army during the Korean War; and WHEREAS, Al Smith married his sweetheart, Margarette Cage Matthews, and the couple raised two sons; and WHEREAS, a hard-working entrepreneur, Al Smith began buying Tastee Freez franchises in 1954 and also served as chairman of the board of the former Shenandoah Foods, Inc.; and WHEREAS, desiring to make a difference in the Commonwealth, Al Smith became involved in state politics and was elected to the House of Delegates in 1973; and WHEREAS, a dedicated and resourceful public servant, Delegate Al Smith served as chairman of the House Mining and Mineral Resources Committee and as a member of the Appropriations, Conservation and Natural Resources, Rules, and Corporations, Insurance and Banking Committees; and WHEREAS, Delegate Al Smith, an able lawmaker and chairman of the House Democratic Caucus, worked diligently to enact important legislation for the citizens of the Commonwealth; and WHEREAS, Delegate Al Smith s support was crucial for the expansion of the Virginia Tech Agricultural Research and Extension Center at Winchester, now the Alson H. Smith, Jr. Agricultural Research and Extension Center, which conducts important crop production research; and WHEREAS, Delegate Al Smith was well-known for his affable, down-to-earth personality; he brought a sense of comradery to the General Assembly, and his service to his constituents was marked by the same friendly and genuine manner; and WHEREAS, his ease with a variety of people made Delegate Al Smith a formidable fundraiser throughout the years, and he could always be counted on to raise the funds necessary to help various civic and political causes; and WHEREAS, committed to improving the quality of life of his fellow citizens, Al Smith enthusiastically served as president of the Apple Blossom Festival for two years; was a member of several community service organizations; and served on the board of trustees of Shenandoah University and the Durrell Foundation and on the board of directors for Jefferson National Bank, Northern Region; and WHEREAS, concerned with the welfare of his neighbors, Delegate Al Smith was an active and faithful member of Pleasant Valley United Methodist Church and a participant in the church s many missions in the community; and

JOURNAL OF THE SENATE -31- Wednesday, April 23, 2008 WHEREAS, Al Smith will be fondly remembered and greatly missed by his loving wife of 55 years, Margarette; his son, Alson Smith III, and his family; his colleagues on both sides of the aisle; and the citizens of the Commonwealth; now, therefore, be it RESOLVED by the House of Delegates, the Senate concurring, That the General Assembly mourn the loss of one of its admired former members, Alson Howard Smith, Jr.; and, be it RESOLVED FURTHER, That the Clerk of the House of Delegates prepare a copy of this resolution for presentation to the family of Alson Howard Smith, Jr., as an expression of the General Assembly s respect for his memory. H.J.R. 5028, on motion of Senator Houck, was agreed to by a unanimous standing vote. On motion of Senator Saslaw, the questions on agreeing to the Senate joint resolutions that follow were considered en bloc. On motion of Senator Saslaw, the following Senate joint resolutions were taken up, ordered to be engrossed, and agreed to en bloc by a unanimous standing vote: S.J.R. 5001 (five thousand one). S.J.R. 5002 (five thousand two). S.J.R. 5004 (five thousand four). S.J.R. 5005 (five thousand five). S.J.R. 5006 (five thousand six). S.J.R. 5007 (five thousand seven). S.J.R. 5008 (five thousand eight). S.J.R. 5009 (five thousand nine). S.J.R. 5023 (five thousand twenty-three). S.J.R. 5003 (five thousand three) was taken up, as follows: Celebrating the life of George Plummer Beard, Jr. SENATE JOINT RESOLUTION NO. 5003 WHEREAS, George Plummer Beard, Jr., of Culpeper, a beloved citizen of the Commonwealth and member of the House of Delegates from 1978 to 1988, died on March 26, 2008; and WHEREAS, a native of Culpeper, George Beard was born at Eastern View Farm to George P. Beard, Sr., and Lillian White Beard on April 18, 1921, graduated from Culpeper County High School, and attended the American Institute of Banking; and WHEREAS, George Beard served his country in the United States Army in Europe during World War II, received the Bronze Star Medal and Combat Infantryman Badge, and was awarded a battlefield commission for his outstanding leadership; and WHEREAS, George Beard was the devoted husband of the late Lorraine Weaver Beard, and the couple shared a wonderful life together and had a daughter, Susan, and four sons, Dick, Tim, Robert, and Jack; and

Wednesday, April 23, 2008-32- JOURNAL OF THE SENATE WHEREAS, a respected banker and community leader, George Beard served as the president and chief executive officer of Second National Bank for many years and retired as the bank s chairman of the board; and WHEREAS, desiring to make a difference in the Commonwealth, George Beard became involved in state politics and was elected to the House of Delegates in 1978, representing the 30th District, which included part of Culpeper County and Greene, Madison, and Orange Counties; and WHEREAS, Delegate Beard served on the House s Education, Finance, and Agriculture committees, and he worked diligently to enact important legislation for the citizens of Virginia; and WHEREAS, committed to improving the quality of life of his fellow citizens, George Beard served as president of the Virginia Bankers Association and the Culpeper County Chamber of Commerce; as director of Culpeper Broadcasting Corporation; as a member of the Culpeper County School Board; as treasurer, chairman, and board trustee of Culpeper Memorial Hospital; and he was invaluable in the formation of Culpeper Regional Hospital; and WHEREAS, George Beard was a longtime member of the Rotary Club, Veterans of Foreign Wars Post 2523, American Legion Post 330, Fairfax Masonic Lodge No. 43 A.F. & A.M., Culpeper Rescue Squad, and Culpeper Jaycees; and WHEREAS, attentive to the needs of his neighbors, George Beard was a faithful member of Culpeper Presbyterian Church, where he was an elder and trustee and active in the church s many missions in the community; and WHEREAS, George Beard was honored many times over the years for his exemplary community service, including as the third recipient of the L. B. Henretty Award presented by the Culpeper County Chamber of Commerce; and WHEREAS, George Beard will be remembered for his devotion to his beloved community of Culpeper and greatly missed by his children and their wonderful families, including his grandchildren and great-granddaughter; his many loving family members and friends; his colleagues on both sides of the aisle; and the citizens of the Commonwealth; now, therefore, be it RESOLVED by the Senate, the House of Delegates concurring, That the General Assembly mourn the loss of one of its admired former members, George Plummer Beard, Jr.; and, be it RESOLVED FURTHER, That the Clerk of the Senate prepare a copy of this resolution for presentation to the family of George Plummer Beard, Jr., as an expression of the General Assembly s respect for his memory. S.J.R. 5003, on motion of Senator Houck, was ordered to be engrossed and was agreed to by a unanimous standing vote. On motion of Senator Saslaw, the questions on agreeing to the House joint resolutions that follow were considered en bloc. On motion of Senator Saslaw, the following House joint resolutions were taken up and agreed to en bloc: H.J.R. 5010 (five thousand ten). H.J.R. 5011 (five thousand eleven).

JOURNAL OF THE SENATE -33- Wednesday, April 23, 2008 H.J.R. 5012 (five thousand twelve). H.J.R. 5013 (five thousand thirteen). H.J.R. 5014 (five thousand fourteen). H.J.R. 5015 (five thousand fifteen). H.J.R. 5016 (five thousand sixteen). H.J.R. 5017 (five thousand seventeen). H.J.R. 5018 (five thousand eighteen). H.J.R. 5019 (five thousand nineteen). H.J.R. 5020 (five thousand twenty). H.J.R. 5021 (five thousand twenty-one). H.J.R. 5022 (five thousand twenty-two). H.J.R. 5023 (five thousand twenty-three). H.J.R. 5024 (five thousand twenty-four). H.J.R. 5025 (five thousand twenty-five). H.J.R. 5026 (five thousand twenty-six). On motion of Senator Saslaw, the questions on agreeing to the Senate joint resolutions that follow were considered en bloc. On motion of Senator Saslaw, the following Senate joint resolutions were taken up, ordered to be engrossed, and agreed to en bloc: S.J.R. 5010 (five thousand ten). S.J.R. 5011 (five thousand eleven). S.J.R. 5012 (five thousand twelve). S.J.R. 5013 (five thousand thirteen). S.J.R. 5014 (five thousand fourteen). S.J.R. 5015 (five thousand fifteen). S.J.R. 5016 (five thousand sixteen). S.J.R. 5017 (five thousand seventeen). S.J.R. 5018 (five thousand eighteen). S.J.R. 5019 (five thousand nineteen). S.J.R. 5020 (five thousand twenty). S.J.R. 5021 (five thousand twenty-one). S.J.R. 5022 (five thousand twenty-two). MESSAGE FROM THE HOUSE A message was received from the House of Delegates by Delegate Janis, who informed the Senate that the House had agreed to amendments No. 1, 2, 7, and 8 and rejected amendments Nos. 3, 4, 5, and 6 proposed by the Senate to H.J.R. 5029 (five thousand twenty-nine). UNFINISHED BUSINESS HOUSE H.J.R. 5029 (five thousand twenty-nine) was taken up. On motion of Senator Marsh, the Senate receded from its amendments Nos. 3, 4, 5, and 6.

Wednesday, April 23, 2008-34- JOURNAL OF THE SENATE YEAS--36. YEAS--Barker, Blevins, Colgan, Deeds, Edwards, Hanger, Herring, Houck, Howell, Hurt, Locke, Lucas, Marsh, McDougle, McEachin, Miller, J.C., Miller, Y.B., Norment, Northam, Obenshain, Petersen, Puckett, Puller, Quayle, Reynolds, Ruff, Smith, Stolle, Stosch, Stuart, Ticer, Vogel, Wagner, Wampler, Watkins, Whipple--36. Senator Marsh was ordered to inform the House of Delegates thereof. JUDICIAL NOMINATION FORMS RECEIVED Pursuant to Senate Rule 18 (c), the following judicial nomination forms were filed with the Clerk: COMMONWEALTH OF VIRGINIA SENATE JUDICIAL NOMINATION FORM CIRCUIT COURT The undersigned Senators representing the First Judicial Circuit hereby nominate, pursuant to Senate Rule 18 (c), the following person to be elected to the circuit court judgeship listed below: Marjorie T. Arrington, of Chesapeake, as a judge of the First Judicial Circuit for a term of eight years /s/ Yvonne B. Miller /s/ L. Louise Lucas /s/ Frederick M. Quayle /s/ Harry B. Blevins COMMONWEALTH OF VIRGINIA SENATE JUDICIAL NOMINATION FORM CIRCUIT COURT The undersigned Senators representing the First Judicial Circuit hereby nominate, pursuant to Senate Rule 18 (c), the following person to be elected to the circuit court judgeship listed below: John W. Brown, of Chesapeake, as a judge of the First Judicial Circuit for a term of eight years

JOURNAL OF THE SENATE -35- Wednesday, April 23, 2008 /s/ Yvonne B. Miller /s/ L. Louise Lucas /s/ Frederick M. Quayle /s/ Harry B. Blevins COMMONWEALTH OF VIRGINIA SENATE JUDICIAL NOMINATION FORM CIRCUIT COURT The undersigned Senators representing the Eighth Judicial Circuit hereby nominate, pursuant to Senate Rule 18 (c), the following person to be elected to the circuit court judgeship listed below: Bonnie L. Jones, of Hampton, as a judge of the Eighth Judicial Circuit for a term of eight years /s/ Mamie E. Locke /s/ John C. Miller COMMONWEALTH OF VIRGINIA SENATE JUDICIAL NOMINATION FORM CIRCUIT COURT The undersigned Senators representing the Fifteenth Judicial Circuit hereby nominate, pursuant to Senate Rule 18 (c), the following person to be elected to the circuit court judgeship listed below: Joseph J. Ellis, of Spotsylvania, as a judge of the Fifteenth Judicial Circuit for a term of eight years /s/ R. Edward Houck /s/ Ryan T. McDougle /s/ Richard H. Stuart

Wednesday, April 23, 2008-36- JOURNAL OF THE SENATE COMMONWEALTH OF VIRGINIA SENATE JUDICIAL NOMINATION FORM CIRCUIT COURT The undersigned Senators representing the Fifteenth Judicial Circuit hereby nominate, pursuant to Senate Rule 18 (c), the following person to be elected to the circuit court judgeship listed below: J. Overton Harris, of Hanover, as a judge of the Fifteenth Judicial Circuit for a term of eight years /s/ R. Edward Houck /s/ Ryan T. McDougle /s/ Richard H. Stuart COMMONWEALTH OF VIRGINIA SENATE JUDICIAL NOMINATION FORM CIRCUIT COURT The undersigned Senators representing the Sixteenth Judicial Circuit hereby nominate, pursuant to Senate Rule 18 (c), the following person to be elected to the circuit court judgeship listed below: John G. Berry, of Madison, as a judge of the Sixteenth Judicial Circuit for a term of eight years commencing August 1, 2008. /s/ R. Edward Houck /s/ Walter A. Stosch /s/ Emmett W. Hanger, Jr. /s/ John C. Watkins /s/ Frank M. Ruff /s/ R. Creigh Deeds COMMONWEALTH OF VIRGINIA SENATE JUDICIAL NOMINATION FORM CIRCUIT COURT

JOURNAL OF THE SENATE -37- Wednesday, April 23, 2008 The undersigned Senators representing the Eighteenth Judicial Circuit hereby nominate, pursuant to Senate Rule 18 (c), the following person to be elected to the circuit court judgeship listed below: Nolan B. Dawkins, of Alexandria, as a judge of the Eighteenth Judicial Circuit for a term of eight years /s/ Richard L. Saslaw /s/ Patricia S. Ticer COMMONWEALTH OF VIRGINIA SENATE JUDICIAL NOMINATION FORM CIRCUIT COURT The undersigned Senators representing the Twenty-fourth Judicial Circuit hereby nominate, pursuant to Senate Rule 18 (c), the following person to be elected to the circuit court judgeship listed below: John T. Cook, of Lynchburg, as a judge of the Twenty-fourth Judicial Circuit for a term of eight years commencing June 1, 2008. /s/ Stephen D. Newman /s/ Frank M. Ruff /s/ R. Creigh Deeds /s/ Robert Hurt COMMONWEALTH OF VIRGINIA SENATE JUDICIAL NOMINATION FORM CIRCUIT COURT The undersigned Senators representing the Twenty-fifth Judicial Circuit hereby nominate, pursuant to Senate Rule 18 (c), the following person to be elected to the circuit court judgeship listed below: Victor V. Ludwig, of Staunton, as a judge of the Twenty-fifth Judicial Circuit for a term of eight years commencing April 1, 2008.

Wednesday, April 23, 2008-38- JOURNAL OF THE SENATE /s/ Emmett W. Hanger, Jr. /s/ John S. Edwards /s/ R. Creigh Deeds /s/ Ralph K. Smith COMMONWEALTH OF VIRGINIA SENATE JUDICIAL NOMINATION FORM CIRCUIT COURT The undersigned Senators representing the Twenty-sixth Judicial Circuit hereby nominate, pursuant to Senate Rule 18 (c), the following person to be elected to the circuit court judgeship listed below: Thomas J. Wilson, IV, of Harrisonburg, as a judge of the Twenty-sixth Judicial Circuit for a term of eight years /s/ Emmett W. Hanger, Jr. /s/ Mark D. Obenshain /s/ Jill Holtzman Vogel COMMONWEALTH OF VIRGINIA SENATE JUDICIAL NOMINATION FORM CIRCUIT COURT The undersigned Senator representing the Twenty-ninth Judicial Circuit hereby nominates, pursuant to Senate Rule 18 (c), the following person to be elected to the circuit court judgeship listed below: Patrick R. Johnson, of Buchanan, as a judge of the Twenty-ninth Judicial Circuit for a term of eight years /s/ Phillip P. Puckett COMMONWEALTH OF VIRGINIA SENATE JUDICIAL NOMINATION FORM CIRCUIT COURT

JOURNAL OF THE SENATE -39- Wednesday, April 23, 2008 The undersigned Senators representing the Thirty-first Judicial Circuit hereby nominate, pursuant to Senate Rule 18 (c), the following person to be elected to the circuit court judgeship listed below: Mary Grace O Brien, of Prince William, as a judge of the Thirty-first Judicial Circuit for a term of eight years /s/ Charles J. Colgan /s/ Linda T. Puller /s/ George L. Barker /s/ Richard H. Stuart COMMONWEALTH OF VIRGINIA SENATE JUDICIAL NOMINATION FORM GENERAL DISTRICT COURT The undersigned Senators representing the Fifth Judicial District hereby nominate, pursuant to Senate Rule 18 (c), the following person to be elected to the general district court judgeship listed below: W. Parker Councill, of Isle of Wight, as a judge of the Fifth Judicial District for a term of six years /s/ L. Louise Lucas /s/ Frederick M. Quayle /s/ Mamie E. Locke COMMONWEALTH OF VIRGINIA SENATE JUDICIAL NOMINATION FORM GENERAL DISTRICT COURT The undersigned Senators representing the Eighth Judicial District hereby nominate, pursuant to Senate Rule 18 (c), the following person to be elected to the general district court judgeship listed below: Linda D. Curtis, of Hampton, as a judge of the Eighth Judicial District for a term of six years

Wednesday, April 23, 2008-40- JOURNAL OF THE SENATE /s/ Mamie E. Locke /s/ John C. Miller COMMONWEALTH OF VIRGINIA SENATE JUDICIAL NOMINATION FORM GENERAL DISTRICT COURT The undersigned Senators representing the Eighth Judicial District hereby nominate, pursuant to Senate Rule 18 (c), the following person to be elected to the general district court judgeship listed below: Tonya Henderson-Stith, of Hampton, as a judge of the Eighth Judicial District for a term of six years /s/ Mamie E. Locke /s/ John C. Miller COMMONWEALTH OF VIRGINIA SENATE JUDICIAL NOMINATION FORM GENERAL DISTRICT COURT The undersigned Senators representing the Eighteenth Judicial District hereby nominate, pursuant to Senate Rule 18 (c), the following person to be elected to the general district court judgeship listed below: Donald M. Haddock, Jr., of Alexandria, as a judge of the Eighteenth Judicial District for a term of six years /s/ Richard L. Saslaw /s/ Patricia S. Ticer COMMONWEALTH OF VIRGINIA SENATE JUDICIAL NOMINATION FORM GENERAL DISTRICT COURT

JOURNAL OF THE SENATE -41- Wednesday, April 23, 2008 The undersigned Senators representing the Nineteenth Judicial District hereby nominate, pursuant to Senate Rule 18 (c), the following person to be elected to the general district court judgeship listed below: Penney S. Azcarate, of Fairfax, as a judge of the Nineteenth Judicial District for a term of six years /s/ Richard L. Saslaw /s/ Janet D. Howell /s/ Patricia S. Ticer /s/ Mary Margaret Whipple /s/ Linda T. Puller /s/ Kenneth T. Cuccinelli II /s/ Mark R. Herring /s/ J. Chapman Petersen /s/ George L. Barker COMMONWEALTH OF VIRGINIA SENATE JUDICIAL NOMINATION FORM GENERAL DISTRICT COURT The undersigned Senator representing the Twenty-ninth Judicial District hereby nominates, pursuant to Senate Rule 18 (c), the following person to be elected to the general district court judgeship listed below: Gregory S. Matney, of Tazewell, as a judge of the Twenty-ninth Judicial District for a term of six years /s/ Phillip P. Puckett COMMONWEALTH OF VIRGINIA SENATE JUDICIAL NOMINATION FORM JUVENILE AND DOMESTIC RELATIONS DISTRICT COURT The undersigned Senators representing the Eighth Judicial District hereby nominate, pursuant to Senate Rule 18 (c), the following person to be elected to the juvenile and domestic relations district court judgeship listed below: Kathy G. Owens, of Hampton, as a judge of the Eighth Judicial District for a term of six years