MONDAY, FEBRUARY 11, 2008 - hodcap.state.va.us

JOURNAL OF THE SENATE -607- Monday, February 11, 2008

MONDAY, FEBRUARY 11, 2008

The Senate met at 11:00 a.m. and was called to order by Lieutenant Governor William T. Bolling.

The Reverend Rodney E. Bitely, St. Paul Lutheran Church, Mechanicsville, Virginia, offered the following prayer:

Dear Father in Heaven,We thank and praise You for blessing us to live in the freedom of this democracy and for providing

the officials You have gathered here to govern and lead us.We ask You, O Lord, to be with each member of our State Senate this day. Grant that their

deliberations and decisions would reflect the love and care that You desire for Your people. Help them to provide for the needs of all throughout our Commonwealth. Enable them to work together to solve the problems of life which our people face. Fill them with compassion and a will to serve.

Be with all who cast their ballot at the polls tomorrow. Guide them as they strive to select the person who they believe to be the best candidate from their Party to serve as our next President. Help us to vote with a conscience that is concerned with the welfare of all.

Bless our military wherever they may be this day, whether here in our Commonwealth or around the world. Especially watch over those who are in harms way. Help them to be an instrument of peace. Keep them in Your care and safely bring them home to us again.

Grant all who serve in our Senate wisdom to make sound and honorable decisions and give them courage to lead.

We ask all of this in the Name of our Lord and Savior, Jesus Christ. Amen.

The roll was called and the following Senators answered to their names:

Barker, Blevins, Cuccinelli, Deeds, Edwards, Hanger, Herring, Houck, Howell, Hurt, Locke, Lucas, Marsh, Martin, McDougle, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Quayle, Reynolds, Ruff, Smith, Stolle, Stosch, Stuart, Ticer, Vogel, Wagner, Wampler, Watkins, Whipple.

A quorum was present.

After the roll call, Senators Colgan, McEachin, and Saslaw notified the Clerk of their presence.

On motion of Senator Lucas, the reading of the Journal was waived.

The recorded vote is as follows: YEAS--40. NAYS--0. RULE 36--0.

YEAS--Barker, Blevins, Colgan, Cuccinelli, Deeds, Edwards, Hanger, Herring, Houck, Howell, Hurt, Locke, Lucas, Marsh, Martin, McDougle, McEachin, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Quayle, Reynolds, Ruff, Saslaw, Smith, Stolle, Stosch, Stuart, Ticer, Vogel, Wagner, Wampler, Watkins, Whipple--40.

NAYS--0. RULE 36--0.

HOUSE COMMUNICATION

The following communication was received:

Monday, February 11, 2008 -608- JOURNAL OF THE SENATE

In the House of Delegates February 8, 2008

THE HOUSE OF DELEGATES HAS PASSED THE FOLLOWING HOUSE BILLS:

H.B. 44. A BILL to amend and reenact §§ 36-85.16, 36-85.18, and 36-85.20 of the Code of Virginia, relating to the Manufactured Housing Board.

H.B. 134. A BILL to amend and reenact § 18.2-340.33 of the Code of Virginia, relating to the Department of Charitable Gaming; prohibited practices.

H.B. 229. A BILL to amend and reenact §§ 2.2-2001, 2.2-2004, 2.2-2452, 2.2-2681, 2.2-2682, 2.2-2715, and 2.2-2716, of the Code of Virginia, relating to administration of veterans services.

H.B. 245. A BILL to amend and reenact § 51.1-510 of the Code of Virginia, relating to Virginia Retirement System group insurance polices; exemption from process.

H.B. 407. A BILL to amend and reenact § 2.2-3705.4 of the Code of Virginia, relating to the Freedom of Information Act; certain fundraising strategies and donor records of public institutions of higher education.

H.B. 462. A BILL to amend and reenact §§ 9.1-138, 9.1-139, 9.1-140, and 9.1-143 of the Code of Virginia and to amend the Code of Virginia by adding a section number 9.1-140.1, relating to the Department of Criminal Justice Services; licensing of locksmiths.

H.B. 477. A BILL to amend and reenact §§ 2.2-2715 and 2.2-2716 of the Code of Virginia, relating to the Veterans Services Foundation.

H.B. 503. A BILL to amend and reenact §§ 2.2-2648, 2.2-5206, and 2.2-5208 of the Code of Virginia, relating to Comprehensive Services Act; intensive care coordination and service planning.

H.B. 526. A BILL to amend Chapter 46 of the Acts of Assembly of 1952, as amended, by adding a section numbered 20, relating to the dissolution of the Peninsula Ports Authority of Virginia.

H.B. 584. A BILL to amend and reenact § 8.01-581.20 of the Code of Virginia, relating to presumption of knowledge of statewide standard of care; malpractice.

H.B. 603. A BILL to amend and reenact § 2.2-3705.6 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 32.1-276.5:1, relating to the disclosure by hospitals of contractual arrangements in certain provider contracts.

H.B. 616. A BILL to amend and reenact §§ 8.01-243 and 8.01-244 of the Code of Virginia, relating to malpractice actions; limitation.

H.B. 660. A BILL to amend and reenact § 46.2-653 of the Code of Virginia, relating to registration and titling of certain manufactured homes.

H.B. 695. A BILL to amend and reenact §§ 51.1-153, 51.1-205, 51.1-216, and 51.1-305 of the Code of Virginia, and to amend the Code of Virginia by adding a section numbered 51.1-124.13, relating to the Virginia Retirement System; loss of benefits for certain felonious convictions.


H.B. 710. A BILL to amend the Code of Virginia by adding a section numbered 18.2-91.1, relating to self defense and defense of others.

H.B. 720. A BILL to amend and reenact §§ 8.01-27.1, 8.01-27.2, 8.01-129, 8.01-296, 55-225, 55-225.3, 55-248.4, 55-248.6, 55-248.6:1, 55-248.9:1, 55-248.13, 55-248.15:2, 55-248.16, 55-248.18, 55-248.31, and 55-248.34:1 of the Code of Virginia, relating to landlord and tenant law; definitions; payment of rent; landlord remedies.

H.B. 729. A BILL to amend and reenact § 20-16 of the Code of Virginia, relating to marriage license.

H.B. 731. A BILL to amend and reenact § 2.2-2235 of the Code of Virginia, relating to the Virginia Economic Development Partnership Authority; board of directors; membership.

H.B. 748. A BILL to amend and reenact § 2.2-2220 of the Code of Virginia, relating to the Innovative Technology Authority; board of directors.

H.B. 754. A BILL to amend and reenact § 59.1-391 of the Code of Virginia, relating to horse racing; local referendum; definition of town.

H.B. 768. A BILL to amend and reenact §§ 2.2-3705.3 and 2.2-3711 of the Code of Virginia, relating to the Freedom of Information Act; active investigations; teacher licensing.

H.B. 827. A BILL to amend and reenact §§ 58.1-4006 and 58.1-4007 of the Code of Virginia, relating to the State Lottery Department; powers of the Director and the Board.

H.B. 854. A BILL to amend and reenact §§ 2.2-3701, 2.2-3708 and 2.2-3714 of the Code of Virginia, relating to the Freedom of Information Act; electronic meetings; authority of local public bodies.

H.B. 858. A BILL to amend and reenact § 2.2-3705.7 of the Code of Virginia, relating to the Freedom of Information Act; exemption for certain publicly owned museum records.

H.B. 866. A BILL to amend and reenact § 9.1-185.4 of the Code of Virginia, relating to the Department of Criminal Justice Services; bail bondsmen; limitation on licensure.

H.B. 908. A BILL to amend and reenact § 4.1-120 of the Code of Virginia, relating to alcoholic beverage control; operation of government stores; Sunday sales.

H.B. 933. A BILL to amend and reenact § 18.2-18 of the Code of Virginia, relating to elimination of the “triggerman rule.”

H.B. 979. A BILL to allow students attending the Edward Via Virginia College of Osteopathic Medicine to be eligible for the Tuition Assistance Grant Program.

H.B. 982. A BILL to amend and reenact § 18.2-308 of the Code of Virginia, relating to concealed handgun permits; access to permittee information.

H.B. 996. A BILL to amend and reenact § 19.2-120 of the Code of Virginia, relating to presumption of no bail following conviction of a violent offense.

H.B. 1014. A BILL to amend and reenact § 33.1-46.2, as it is currently effective, of the Code of Virginia, relating to use of high-occupancy vehicle lanes by vehicles bearing clean special fuel license plates.


H.B. 1017. A BILL to amend the Code of Virginia by adding a section numbered 2.2-225.1, relating to establishing the Office of Telework Promotion and Broadband Assistance; sunset.

H.B. 1018. A BILL to amend and reenact § 2.2-2817.1 of the Code of Virginia, relating to the state definition of telecommuting.

H.B. 1021. A BILL to amend and reenact § 2.2-2817.1 of the Code of Virginia, relating to state agency telecommuting policies.

H.B. 1073. A BILL to amend and reenact §§ 2.2-2285, 15.2-5000 through 15.2-5004, 36-137, and 36-139, as it shall become effective, of the Code of Virginia, relating to the Department of Housing and Community Development; administration of the Private Activity Bonds program.

H.B. 1077. A BILL to amend and reenact §§ 55-362, 55-369, 55-382, 55-383, and 55-396 of the Code of Virginia, relating to the Virginia Real Estate Time Share Act; obligation for fees; limitation on actions; powers of Real Estate Board.

H.B. 1089. A BILL to amend and reenact § 32.1-245 of the Code of Virginia, relating to biennial reporting on toxic substances.

H.B. 1124. A BILL providing a management agreement between the Commonwealth and Virginia Commonwealth University, pursuant to the Restructured Higher Education Financial and Administrative Operations Act, Chapter 4.10 (§ 23-38.88 et seq.) of Title 23 of the Code of Virginia.

H.B. 1132. A BILL to amend and reenact § 4.1-209 of the Code of Virginia, relating to alcoholic beverage control; wine and beer licenses.

H.B. 1135. A BILL to amend the Code of Virginia by adding a section numbered 22.1-203.3, relating to voluntary expression of religious viewpoints in public schools.

H.B. 1136. A BILL to amend and reenact § 19.2-295.1 of the Code of Virginia, relating to sentencing proceeding by the jury after conviction; deadlock.

H.B. 1178. A BILL to amend and reenact § 18.2-172 of the Code of Virginia, relating to forging, uttering, etc. other writings; penalty.

H.B. 1211. A BILL to amend the Code of Virginia by adding a section numbered 62.1-129.2, relating to the creation of a trust or equivalent arrangement to fund the cost of providing postemployment benefits for the employees of the Virginia Port Authority.

H.B. 1212. A BILL to amend and reenact § 62.1-129.1 of the Code of Virginia, relating to the Virginia Port Authority employees’ retirement plans.

H.B. 1229. A BILL to amend and reenact § 58.1-609.1 of the Code of Virginia, relating to government and commodities sales and use tax exemptions; WaterSense qualified products.

H.B. 1242. A BILL to amend and reenact §§ 22.1-296.1, 22.1-296.4, 22.1-307, and 63.2-1505 of the Code of Virginia, relating to complaints of child abuse and neglect against certain school employees.

H.B. 1271. A BILL to amend and reenact § 2.2-3705.6 of the Code of Virginia, relating to the Freedom of Information Act; exemption for local franchises.


H.B. 1280. A BILL to amend and reenact §§ 2.2-203, 2.2-2455, 2.2-2456, 2.2-3705.3, 2.2-3705.6, 18.2-340.15, 18.2-340.16, 18.2-340.25, 19.2-389, 58.1-3, and 58.1-4019.1 of the Code of Virginia, and to repeal Chapter 9.1 (§§ 2.2-905 through 2.2-906) of Title 2.2 of the Code of Virginia, relating to the Department of Agriculture and Consumer Services; regulation of charitable gaming.

H.B. 1329. A BILL to amend and reenact §§ 2.2-1150.1 and 2.2-1151 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-1150.2, relating to the use of communications towers owned by the Commonwealth for the deployment of wireless broadband service in unserved areas.

H.B. 1334. A BILL to amend and reenact § 2.2-3104.1 of the Code of Virginia, relating to the State and Local Government Conflict of Interest Act; acceptance of awards.

H.B. 1358. A BILL to amend and reenact §§ 2.2-1111, 2.2-2622, and 2.2-5513 of the Code of Virginia, relating to the procurement of nonprofessional services by certain state agencies; commercial activities.

H.B. 1382. A BILL to amend and reenact §§ 8.01-271.1, 16.1-260, 16.1-278.15, 54.1-3900 and 63.2-1901 of the Code of Virginia, relating to nonattorney employees of the Department of Social Services.

H.B. 1386. A BILL to amend and reenact §§ 2.2-2001 and 2.2-4310 of the Code of Virginia, relating to service-disabled veteran-owned small businesses.

H.B. 1390. A BILL to amend and reenact § 23-38.90 of the Code of Virginia, relating to operational authority for public institutions of higher education in information technology, procurement, and capital projects excluding leases of real property.

H.B. 1399. A BILL to amend and reenact §§ 4.1-207 and 4.1-219 of the Code of Virginia, relating to alcoholic beverage control; privileges of farm wineries.

H.B. 1422. A BILL to amend and reenact § 57-27.1 of the Code of Virginia, relating to access to cemeteries and graves located on private property; injunctive relief.

H.B. 1458. A BILL to amend and reenact §§ 2.2-3705.6 and 2.2-3711 of the Code of Virginia, relating to Freedom of Information Act; records and meetings of Innovative Technology Authority.

H.B. 1469. A BILL to amend the Code of Virginia by adding a section numbered 18.2-186.6, relating to identity theft prevention; notice of breach of information system.

THE HOUSE OF DELEGATES HAS AGREED TO THE FOLLOWING HOUSE JOINT RESOLUTIONS:

H.J.R. 51. Directing the Commission on Unemployment Compensation to study the need for limitations on the eligibility of seasonal or temporary employees for unemployment compensation benefits. Report.

H.J.R. 72. Establishing a joint subcommittee to study public-private partnerships regarding seaports in Virginia. Report.

H.J.R. 75. Establishing a joint subcommittee to study local incentives provided to private businesses for economic development purposes. Report.


H.J.R. 89. Directing the Auditor of Public Accounts to collect, receive, and analyze data and information relating to the operation and finances of the Southeastern Public Service Authority of Virginia. Report.

H.J.R. 90. Continuing the Joint Subcommittee to Study Science, Math, and Technology Education in the Commonwealth at the Elementary, Secondary, and Undergraduate Levels. Report.

H.J.R. 91. Establishing a joint subcommittee to study ways in which the Commonwealth may work more closely with Virginia’s private, nonprofit colleges to meet state higher education needs. Report.

H.J.R. 105. Directing the Joint Legislative Audit and Review Commission to study autism services in the Commonwealth. Report.

H.J.R. 113. Directing the Joint Legislative Audit and Review Commission to study autism services in the Commonwealth. Report.

H.J.R. 119. Directing the Joint Legislative Audit and Review Commission to study the impact of eVirginia (eVA) on small businesses in the Commonwealth. Report.

H.J.R. 155. Requesting the Hampton Roads Planning District Commission to study automatic aide for emergency responses across jurisdictional lines. Report.

H.J.R. 159. Continuing the U.S. Route 460 Communications Committee until commencement of construction of the U.S. 460 project as approved by the Commonwealth Transportation Board in November 2005. Report.

H.J.R. 177. Establishing a joint subcommittee to study the benefits of adopting a single sales factor to apportion the income of multistate corporations for purposes of the corporation income tax. Report.

H.J.R. 178. Establishing a joint subcommittee to study development and land use tools in Virginia’s localities. Report.

H.J.R. 195. Establishing a joint subcommittee to study transfer of development rights. Report.

H.J.R. 196. Requesting the Bureau of Insurance within the State Corporation Commission to collect certain demographic and other information from agent licensing examination candidates. Report.

H.J.R. 248. Directing the Joint Commission on Technology and Science to study and advance the development and enhancement of the biosciences and biotechnology in the Commonwealth. Report.

H.J.R. 287. Celebrating the life of Eve Marie Wilson.

H.J.R. 291. Commending the Richmond Area Chapter of the Military Officers Association of America on the occasion of its 50th anniversary.

H.J.R. 316. Celebrating the life of A. W. Horton, Jr.

H.J.R. 317. Celebrating the life of Vincent James Olson.

H.J.R. 318. Celebrating the life of Staff Sergeant Jonathan M. Forde.

H.J.R. 319. Commending the Vienna Police Department on the occasion of its 60th anniversary.


H.J.R. 320. Commending First Baptist Church of Vienna on the occasion of its 140th anniversary.

H.J.R. 321. Celebrating the life of Regina Ann Brewer.

H.J.R. 322. Celebrating the life of George C. Austin.

H.J.R. 323. Commending the Graves family.

H.J.R. 324. Commending Melanie Norris.

H.J.R. 325. Commending Margaret Lucille Waggoner Young.

H.J.R. 326. Commending the Eastern Shore of Virginia Chapter of the National Society of the Daughters of the American Revolution on the occasion of its 100th anniversary.

H.J.R. 327. Commending William H. Littlepage.

H.J.R. 328. Commending the Town of Phenix on the occasion of its 100th anniversary.

H.J.R. 329. Commending NASA on the occasion of its 50th anniversary.

H.J.R. 330. Celebrating the life of Petty Officer Second Class (SEAL) Joseph Clark Schwedler.

H.J.R. 331. Celebrating the life of Petty Officer First Class (SEAL) Jason D. Lewis.

H.J.R. 332. Celebrating the life of Petty Officer First Class Robert R. McRill.

H.J.R. 333. Celebrating the life of Petty Officer First Class Steven P. Daugherty.

H.J.R. 334. Celebrating the life of Seaman Freddie Neal Porter, Jr.

H.J.R. 335. Celebrating the life of Chief Petty Officer (SEAL) Mark T. Carter.

H.J.R. 336. Commending Barter Theatre on the occasion of its 75th anniversary.

H.J.R. 337. Commending Special Operator Senior Chief Petty Officer (SEAL) Douglas M. Day.

H.J.R. 338. Commending Jerusalem Baptist Church on the occasion of its 130th anniversary.

H.J.R. 339. Commending the Town of Chincoteague on the occasion of its 100th anniversary.

H.J.R. 340. Commending Rebecca Pepin.

H.J.R. 342. Commending the Norfolk Botanical Garden on the occasion of its 70th anniversary.

H.J.R. 343. Celebrating the life of Edna Cregger Clark.

H.J.R. 344. Celebrating the life of Staff Sergeant Jonathan Kilian Dozier.

H.J.R. 345. Celebrating the life of Kyle Robert Wilson.

H.J.R. 346. Celebrating the life of Myron Boyd Jones.


H.J.R. 348. Celebrating the life of Martha K. Glennan.

H.J.R. 349. Celebrating the life of Peter Don Rose.

H.J.R. 350. Celebrating the life of Jane Maury Denton.

H.J.R. 351. Commending Hugh Rosser.

H.J.R. 352. Commending Buddy Hayes.

H.J.R. 353. Commemorating the 40th anniversary of Charles C. Green, et al. v. County School Board of New Kent County, Virginia, et al., 391 U.S. 430 (1968).

H.J.R. 354. Commending Quinton Volunteer Fire & EMS, New Kent Company Two on the occasion of its 50th anniversary.

H.J.R. 355. Commending the Fairfax County school winners of the Governor’s Award for Educational Excellence.

H.J.R. 356. Commending Margaret Thomas.

H.J.R. 357. Commending Joey Goodrich.

H.J.R. 358. Commending the Chesapeake Bay Foundation on the occasion of the 20th anniversary of Clean the Bay Day.

H.J.R. 359. Commending Nick Manning.

H.J.R. 360. Commending the Virginia National Guard.

H.J.R. 363. Celebrating the life of Richard G. Darman.

H.J.R. 371. Commending Virginia Councils of the Boy Scouts of America.

THE HOUSE OF DELEGATES HAS PASSED THE FOLLOWING SENATE BILL:

S.B. 398. A BILL to amend and reenact § 2.2-4401 of the Code of Virginia, relating to the Virginia Security of Public Deposits Act; qualified public depository; eligible collateral.

THE HOUSE OF DELEGATES HAS AGREED TO THE FOLLOWING SENATE JOINT RESOLUTIONS:

S.J.R. 114. Confirming appointments by the Governor of certain agency heads and persons.

S.J.R. 115. Confirming appointments by the Governor of an agency head and certain persons.


S.J.R. 117. Confirming appointments by the Governor of his Chief of Staff and to certain boards.



S.J.R. 134. Commending Ebenezer Baptist Church on the occasion of its 150th anniversary.

S.J.R. 135. Celebrating the life of Magdalene Pat Hall.

S.J.R. 136. Commending Grace Anne Braxton.

S.J.R. 137. Commending Jon Fried.

S.J.R. 138. Commending Evelyn Aguirre.

S.J.R. 139. Commending Joey Goodrich.

S.J.R. 140. Commending Gordon Churchill Willis, Sr.

S.J.R. 141. Commending Marcus Williams.

S.J.R. 142. Commending Leadership Arlington.

S.J.R. 144. Commending the Virginia Tech football team.

S.J.R. 146. Commending Melanie Norris.

S.J.R. 147. Commending TWIG Junior Auxiliary of Inova Alexandria Hospital on the occasion of its 75th anniversary.

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.




The House bills communicated as passed by the House of Delegates, the first reading of their titles required by the Constitution having been dispensed with, were referred as follows:

H.B. 44, H.B. 134, H.B. 229, H.B. 407, H.B. 462, H.B. 477, H.B. 720, H.B. 731, H.B. 748, H.B. 768, H.B. 827, H.B. 854, H.B. 858, H.B. 866, H.B. 1017, H.B. 1018, H.B. 1021, H.B. 1073, H.B. 1077,H.B. 1271, H.B. 1280, H.B. 1334, H.B. 1358, H.B. 1386, H.B. 1422, and H.B. 1458 were referred to the Committee on General Laws and Technology.

H.B. 245, H.B. 695, H.B. 1212, and H.B. 1229 were referred to the Committee on Finance.


H.B. 503, H.B. 908, H.B. 1132, and H.B. 1399 were referred to the Committee on Rehabilitation and Social Services.

H.B. 526 and H.B. 1211 were referred to the Committee on Local Government.

H.B. 584, H.B. 616, H.B. 710, H.B. 729, H.B. 933, H.B. 982, H.B. 996, H.B. 1136, H.B. 1178, H.B. 1382, and H.B. 1469 were referred to the Committee for Courts of Justice.

H.B. 603, H.B. 979, H.B. 1089, H.B. 1124, H.B. 1135, H.B. 1242, and H.B. 1390 were referred to the Committee on Education and Health.

H.B. 660 and H.B. 1014 were referred to the Committee on Transportation.

H.B. 754 was referred to the Committee on Privileges and Elections.

H.B. 1329 was referred to the Committee on Commerce and Labor.

The House joint resolutions, communicated as agreed to by the House of Delegates, the first reading of their titles having been waived, were referred as follows:

H.J.R. 51, H.J.R. 72, H.J.R. 75, H.J.R. 89, H.J.R. 90, H.J.R. 91, H.J.R. 105, H.J.R. 113, H.J.R. 119, H.J.R. 155, H.J.R. 159, H.J.R. 177, H.J.R. 178, H.J.R. 195, H.J.R. 196, and H.J.R. 248 were referred to the Committee on Rules.

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. 287, H.J.R. 291, H.J.R. 316, H.J.R. 317, H.J.R. 318, H.J.R. 319, H.J.R. 320, H.J.R. 321,H.J.R. 322, H.J.R. 323, H.J.R. 324, H.J.R. 325, H.J.R. 326, H.J.R. 327, H.J.R. 328, H.J.R. 329, H.J.R. 330, H.J.R. 331, H.J.R. 332, H.J.R. 333, H.J.R. 334, H.J.R. 335, H.J.R. 336, H.J.R. 337, H.J.R. 338,H.J.R. 339, H.J.R. 340, H.J.R. 342, H.J.R. 343, H.J.R. 344, H.J.R. 345, H.J.R. 346, H.J.R. 348, H.J.R. 349, H.J.R. 350, H.J.R. 351, H.J.R. 352, H.J.R. 353, H.J.R. 354, H.J.R. 355, H.J.R. 356, H.J.R. 357,H.J.R. 358, H.J.R. 359, H.J.R. 360, H.J.R. 363, and H.J.R. 371.

COMMITTEE REPORTS

The following bills, having been considered by the committee in session, were reported by Senator Ticer from the Committee on Agriculture, Conservation and Natural Resources:

H.B. 5 (five). H.B. 171 (one hundred seventy-one) with amendment. H.B. 207 (two hundred seven). H.B. 211 (two hundred eleven). H.B. 233 (two hundred thirty-three). H.B. 319 (three hundred nineteen). H.B. 343 (three hundred forty-three). H.B. 392 (three hundred ninety-two). H.B. 455 (four hundred fifty-five). H.B. 528 (five hundred twenty-eight). H.B. 537 (five hundred thirty-seven). H.B. 886 (eight hundred eighty-six). H.B. 1016 (one thousand sixteen).


H.B. 1175 (one thousand one hundred seventy-five). H.B. 1214 (one thousand two hundred fourteen). H.B. 1259 (one thousand two hundred fifty-nine). H.B. 1308 (one thousand three hundred eight). H.B. 1424 (one thousand four hundred twenty-four). H.B. 1448 (one thousand four hundred forty-eight). H.B. 1552 (one thousand five hundred fifty-two). S.B. 135 (one hundred thirty-five) with substitute. S.B. 423 (four hundred twenty-three) with substitute. S.B. 477 (four hundred seventy-seven) with substitute.

The following bill, having been considered by the committee in session, was recommended for rereferral by the Committee on Agriculture, Conservation and Natural Resources:

S.B. 470 (four hundred seventy) with the recommendation that it be rereferred to the Committee on Finance.

The following bills, having been considered by the committee in session, were reported by Senator Marsh from the Committee for Courts of Justice:

S.B. 188 (one hundred eighty-eight) with substitute. S.B. 451 (four hundred fifty-one) with substitute. S.B. 563 (five hundred sixty-three) with amendments. S.B. 611 (six hundred eleven) with substitute. S.B. 623 (six hundred twenty-three) with substitute. S.B. 634 (six hundred thirty-four) with substitute. S.B. 772 (seven hundred seventy-two) with substitute.

S.B. 470 was rereferred to the Committee on Finance.

INTRODUCTION OF LEGISLATION

Pursuant to the provisions of House Joint Resolution No. 31 and Senate Rule 26 (g), Senator Blevins introduced a joint resolution; subsequently, the following was presented and laid on the Clerk’s Desk:

S.J.R. 180. Celebrating the life of Jarrod Brent Shivers.Patrons--Blevins, Lucas, Miller, Y.B. and Quayle; Delegates: Cosgrove, Howell, A.T., Joannou,

Jones, S.C., Melvin and Spruill

At 11:15 a.m., Senator Saslaw moved that the Senate recess until 11:45 a.m.

The motion was agreed to.

The hour of 11:45 a.m. having arrived, the Chair was resumed.

CALENDAR

SENATE BILLS ON THIRD READING

S.B. 31 (thirty-one) was taken up and, on motion of Senator Colgan, was passed with its title.


The recorded vote is as follows:

YEAS--40. NAYS--0. RULE 36--0.


NAYS--0.

RULE 36--0.

S.B. 742 (seven hundred forty-two) was taken up and, on motion of Senator Hanger, was passed with its title.


YEAS--40. NAYS--0. RULE 36--0.


NAYS--0.

RULE 36--0.

S.B. 496 (four hundred ninety-six), on motion of Senator Northam, was passed by for the day.

S.B. 161 (one hundred sixty-one) was taken up and, on motion of Senator McEachin, was passed with its title.


YEAS--22. NAYS--17. RULE 36--0.

YEAS--Barker, Colgan, Deeds, Edwards, Herring, Houck, Howell, Locke, Lucas, Marsh, McEachin, Miller, J.C., Miller, Y.B., Northam, Petersen, Puckett, Puller, Reynolds, Saslaw, Ticer, Watkins, Whipple--22.

NAYS--Blevins, Cuccinelli, Hanger, Hurt, Martin, McDougle, Newman, Norment, Obenshain, Quayle, Ruff, Smith, Stosch, Stuart, Vogel, Wagner, Wampler--17.

RULE 36--0.

RECONSIDERATION

Senator Watkins moved to reconsider the vote by which S.B. 161 (one hundred sixty-one) was passed with its title.






S.B. 161, on motion of Senator McEachin, was passed with its title.


YEAS--Barker, Colgan, Deeds, Edwards, Herring, Houck, Howell, Locke, Lucas, Marsh, McEachin, Miller, J.C., Miller, Y.B., Northam, Petersen, Puller, Reynolds, Saslaw, Ticer, Whipple--20.

NAYS--Blevins, Cuccinelli, Hanger, Hurt, Martin, McDougle, Newman, Norment, Obenshain, Quayle, Ruff, Smith, Stolle, Stosch, Stuart, Vogel, Wagner, Wampler, Watkins--19.

RULE 36--0.

STATEMENT ON VOTE

Senator Puckett stated that he was recorded as not voting on the question of the passage of S.B. 161,whereas he intended to vote yea.

PARLIAMENTARY INQUIRY

Senator Cuccinelli propounded a parliamentary inquiry as to whether the Rules of the Senate required that Senator Puckett, who was in his seat but failed to vote on the passage of S.B. 161, be recorded as voting nay on the question of the passage of S.B. 161 upon the request of any Senator.

The Chair stated that the Rules of the Senate did not have such a requirement, Senate Rule 36 providing that “Every Senator present in the Chamber, when any question is put or vote taken, shall vote or be counted as voting on one side or the other . . .” The Chair stated further that Senator Puckett attempted to vote on S.B. 161 in accordance with Senate Rule 36, but was recorded as not voting and then properly requested that his intended vote be recorded in the Journal pursuant to Senate Rule 38 (a).

PARLIAMENTARY INQUIRY

Senator Cuccinelli propounded a further parliamentary inquiry as to whether the Chair’s ruling incorporated any rule beyond the Rules of the Senate contained in either Jefferson’s Manual of Parliamentary Practice or Mason’s Manual of Legislative Procedures.

The Chair stated that his ruling relied on the Rules of Senate, which were explicit.

S.B. 645 (six hundred forty-five) was taken up.

Senator Ticer moved that S.B. 645 be passed with its title.

Senator Wagner moved, as a substitute motion, that S.B. 645 be recommitted to the Committee on Commerce and Labor and continued to the 2009 Regular Session of the General Assembly, pursuant to Senate Rule 20 (f).

The question was put on recommitting S.B. 645 to the Committee on Commerce and Labor and continuing the bill to the 2009 Regular Session of the General Assembly, pursuant to Senate Rule 20 (f).

The yeas and nays were called for; and, being desired by one-fifth of the Senators present, the yeas and nays were ordered.



YEAS--Blevins, Cuccinelli, Hanger, Herring, Hurt, Marsh, Martin, McDougle, Miller, J.C., Newman, Norment, Northam, Obenshain, Quayle, Ruff, Smith, Stolle, Stosch, Stuart, Vogel, Wagner, Wampler, Watkins--23.

NAYS--Barker, Colgan, Deeds, Edwards, Houck, Howell, Locke, Lucas, McEachin, Miller, Y.B., Petersen, Puckett, Puller, Reynolds, Saslaw, Ticer, Whipple--17.

RULE 36--0.


S.B. 645 was recommitted to the Committee on Commerce and Labor and continued to the 2009 Regular Session of the General Assembly, pursuant to Senate Rule 20 (f).

STATEMENT ON VOTE

Senator Marsh stated that he was recorded as voting yea on the question of recommitting S.B. 645 to the Committee on Commerce and Labor and continuing the bill to the 2009 Regular Session pursuant to Senate Rule 20 (f), whereas he intended to vote nay.

SENATE BILLS ON SECOND READING

Senator Saslaw moved that the engrossment of the Senate bills that follow be considered en bloc.


Senator Saslaw moved that the following Senate bills, the titles of the bills having been printed in the Calendar for their second reading as required by Article IV, Section 11, of the Constitution, be placed before the Senate by number only:

S.B. 95 (ninety-five). S.B. 130 (one hundred thirty). S.B. 131 (one hundred thirty-one). S.B. 132 (one hundred thirty-two). S.B. 133 (one hundred thirty-three). S.B. 210 (two hundred ten). S.B. 241 (two hundred forty-one). S.B. 307 (three hundred seven). S.B. 390 (three hundred ninety). S.B. 396 (three hundred ninety-six). S.B. 439 (four hundred thirty-nine). S.B. 506 (five hundred six). S.B. 517 (five hundred seventeen). S.B. 540 (five hundred forty). S.B. 549 (five hundred forty-nine). S.B. 553 (five hundred fifty-three). S.B. 593 (five hundred ninety-three). S.B. 602 (six hundred two). S.B. 618 (six hundred eighteen). S.B. 693 (six hundred ninety-three). S.B. 721 (seven hundred twenty-one).


S.B. 726 (seven hundred twenty-six). S.B. 773 (seven hundred seventy-three). S.B. 776 (seven hundred seventy-six). S.B. 782 (seven hundred eighty-two). S.B. 786 (seven hundred eighty-six). S.B. 793 (seven hundred ninety-three).


S.B. 95 (ninety-five) was taken up.

The amendment in the nature of a substitute proposed by the Committee for Courts of Justice was offered, having been printed separately, with its title reading as follows:

A BILL to amend and reenact §§ 18.2-239 and 59.1-200 of the Code of Virginia, relating to definition of pyramid promotional schemes; penalty.

The reading of the substitute was waived.

On motion of Senator Reynolds, the substitute was agreed to.

S.B. 130 (one hundred thirty) was taken up.

The following amendment proposed by the Committee on General Laws and Technology was offered:

1. Line 67, introduced, after donation. strike

remainder of line 67 and all of line 68 insert

The exclusion provided by this subdivision shall not apply to protect from disclosure (i) the identities of sponsors providing grants to or contracting with the institution for the performance of research services or other work or (ii) the terms and conditions of such grants or contracts.

The reading of the amendment was waived.

On motion of Senator Houck, the amendment was agreed to.

S.B. 210 (two hundred ten) was taken up.

The following amendments proposed by the Committee on General Laws and Technology were offered:

1. Line 158, introduced, after (§ 59.1-336 et seq.) strike

; insert

including but not limited to

2. Line 160, introduced, after disclosure or otherwise


strike ;

insert ,

The reading of the amendments was waived.

On motion of Senator Stosch, the amendments were agreed to.

S.B. 241 (two hundred forty-one) was taken up.


A BILL to amend and reenact §§ 22.1-253.13:7, 22.1-298.1, 22.1-313, and 63.2-1503 of the Code of Virginia, relating to certain crimes committed by persons holding licenses issued by the Board of Education.


On motion of Senator Lucas, the substitute was agreed to.

S.B. 307 (three hundred seven) was taken up.


A BILL to amend the Code of Virginia by adding a section numbered 18.2-186.6, relating to identity theft prevention; notice of breach of information system.


On motion of Senator Reynolds, the substitute was agreed to.

S.B. 396 (three hundred ninety-six) was taken up.

The amendment in the nature of a substitute proposed by the Committee on Education and Health was offered, having been printed separately, with its title reading as follows:

A BILL to amend and reenact § 2.2-3705.6 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 32.1-276.5:1, relating to the disclosure by hospitals of contractual arrangements in certain provider contracts.


On motion of Senator Edwards, the substitute was agreed to.

S.B. 439 (four hundred thirty-nine) was taken up.



A BILL to amend and reenact § 18.2-62 of the Code of Virginia, relating to violence against women; testing of certain persons for human immunodeficiency virus or hepatitis B or C.


On motion of Senator Vogel, the substitute was agreed to.

S.B. 506 (five hundred six) was taken up.


A BILL to amend and reenact § 19.2-130 of the Code of Virginia, relating to resetting of bail, amending bail set upon arrest.


On motion of Senator McDougle, the substitute was agreed to.

S.B. 517 (five hundred seventeen) was taken up.


A BILL to amend the Code of Virginia by adding a section numbered 2.2-4311.1, relating to required contract provisions.


On motion of Senator Cuccinelli, the substitute was agreed to.

S.B. 540 (five hundred forty) was taken up.


A BILL to amend and reenact §§ 16.1-253, 16.1-253.1, 16.1-253.4, 16.1-279.1, 19.2-152.8, 19.2-152.9, 19.2-152.10, and 19.2-390 of the Code of Virginia, relating to protective orders; expiration; Virginia Criminal Information Network.


On motion of Senator Obenshain, the substitute was agreed to.

S.B. 593 (five hundred ninety-three) was taken up.

The following amendments proposed by the Committee on General Laws and Technology were offered:

1. Line 35, introduced, after in the community


strike , or discussion or consideration of records excluded from this chapter pursuant to subdivision 3 of § 2.2-3705.6 by the entities identified therein

2. Line 190, introduced, after line 189 insert

40. Discussion or consideration by the Department of Business Assistance, the Virginia Economic Development Partnership, the Virginia Tourism Authority, the Tobacco Indemnification and Community Revitalization Commission, a nonprofit, nonstock corporation created pursuant to § 2.2-2240.1, or local or regional industrial or economic development authorities or organizations of records excluded from this chapter pursuant to subdivision 3 of § 2.2-3705.6.


On motion of Senator Stolle, the amendments were agreed to.

S.B. 602 (six hundred two) was taken up.


A BILL to amend and reenact §§ 8.01-581.1 and 8.01-581.20 of the Code of Virginia, relating to medical malpractice; professional services.


On motion of Senator Stolle, the substitute was agreed to.

S.B. 721 (seven hundred twenty-one) was taken up.

The following amendments proposed by the Committee on Education and Health were offered:

1. Line 13, introduced, after sold during strike

the school day. insert

regular school hours.

2. Line 16, introduced, after any food insert

, excluding beverages,


On motion of Senator Barker, the amendments were agreed to.

S.B. 773 (seven hundred seventy-three) was taken up.

The following amendment proposed by the Committee for Courts of Justice was offered:

1. Line 58, introduced, after 18.2-186.3


strike or 18.2-186.4


On motion of Senator Hurt, the amendment was agreed to.

S.B. 782 (seven hundred eighty-two) was taken up.


A BILL to amend and reenact §§ 13.1-753, 13.1-769, 13.1-915, 13.1-931, 13.1-1046, 13.1-1056, 13.1-1234, and 13.1-1246 of the Code of Virginia, relating to business entities; employment of illegal aliens.


On motion of Senator Obenshain, the substitute was agreed to.

S.B. 786 (seven hundred eighty-six) was taken up.


A BILL to amend and reenact § 9.1-102 of the Code of Virginia; to amend the Code of Virginia by adding in Title 9.1 a chapter numbered 13, consisting of sections numbered 9.1-1300 and 9.1-1301; and to repeal § 19.2-81.4 of the Code of Virginia, relating to policies for responding to crimes involving domestic and sexual assault.


On motion of Senator Deeds, the substitute was agreed to.

S.B. 793 (seven hundred ninety-three) was taken up.

The following amendment proposed by the Committee on General Laws and Technology was offered:

1. Line 27, introduced, after notary public strike

of any state or country, and an affidavit with the notary’s official seal attached shall serve as certification of the oath of office


On motion of Senator Colgan, the amendment was agreed to.

On motion of Senator Saslaw, the following Senate bills were ordered en bloc to be engrossed and read by title the third time:


S.B. 95 (ninety-five) as amended. S.B. 130 (one hundred thirty) as amended. S.B. 131 (one hundred thirty-one). S.B. 132 (one hundred thirty-two). S.B. 133 (one hundred thirty-three). S.B. 210 (two hundred ten) as amended. S.B. 241 (two hundred forty-one) as amended. S.B. 307 (three hundred seven) as amended. S.B. 390 (three hundred ninety). S.B. 396 (three hundred ninety-six) as amended. S.B. 439 (four hundred thirty-nine) as amended. S.B. 506 (five hundred six) as amended. S.B. 517 (five hundred seventeen) as amended. S.B. 540 (five hundred forty) as amended. S.B. 549 (five hundred forty-nine). S.B. 553 (five hundred fifty-three). S.B. 593 (five hundred ninety-three) as amended. S.B. 602 (six hundred two) as amended. S.B. 618 (six hundred eighteen). S.B. 693 (six hundred ninety-three). S.B. 721 (seven hundred twenty-one) as amended. S.B. 726 (seven hundred twenty-six). S.B. 773 (seven hundred seventy-three) as amended. S.B. 776 (seven hundred seventy-six). S.B. 782 (seven hundred eighty-two) as amended. S.B. 786 (seven hundred eighty-six) as amended. S.B. 793 (seven hundred ninety-three) as amended.

Senator Saslaw moved that the Rules be suspended and the third reading of the titles of the following Senate bills as required by Article IV, Section 11, of the Constitution, be dispensed with:

S.B. 95 (ninety-five). S.B. 130 (one hundred thirty). S.B. 131 (one hundred thirty-one). S.B. 132 (one hundred thirty-two). S.B. 133 (one hundred thirty-three). S.B. 210 (two hundred ten). S.B. 241 (two hundred forty-one). S.B. 307 (three hundred seven). S.B. 390 (three hundred ninety). S.B. 396 (three hundred ninety-six). S.B. 439 (four hundred thirty-nine). S.B. 506 (five hundred six). S.B. 517 (five hundred seventeen). S.B. 540 (five hundred forty). S.B. 549 (five hundred forty-nine). S.B. 553 (five hundred fifty-three). S.B. 593 (five hundred ninety-three). S.B. 602 (six hundred two). S.B. 618 (six hundred eighteen). S.B. 693 (six hundred ninety-three). S.B. 721 (seven hundred twenty-one).


S.B. 726 (seven hundred twenty-six). S.B. 773 (seven hundred seventy-three). S.B. 776 (seven hundred seventy-six). S.B. 782 (seven hundred eighty-two). S.B. 786 (seven hundred eighty-six). S.B. 793 (seven hundred ninety-three).





Senator Saslaw moved that the passage of the Senate bills that follow be considered en bloc.


On motion of Senator Saslaw, the following Senate bills were passed en bloc with their titles:

S.B. 95 (ninety-five). S.B. 130 (one hundred thirty). S.B. 131 (one hundred thirty-one). S.B. 132 (one hundred thirty-two). S.B. 133 (one hundred thirty-three). S.B. 210 (two hundred ten). S.B. 241 (two hundred forty-one). S.B. 307 (three hundred seven). S.B. 390 (three hundred ninety). S.B. 396 (three hundred ninety-six). S.B. 439 (four hundred thirty-nine). S.B. 540 (five hundred forty). S.B. 549 (five hundred forty-nine). S.B. 553 (five hundred fifty-three). S.B. 593 (five hundred ninety-three). S.B. 602 (six hundred two). S.B. 618 (six hundred eighteen). S.B. 693 (six hundred ninety-three). S.B. 721 (seven hundred twenty-one). S.B. 726 (seven hundred twenty-six). S.B. 773 (seven hundred seventy-three). S.B. 776 (seven hundred seventy-six). S.B. 786 (seven hundred eighty-six). S.B. 793 (seven hundred ninety-three).





S.B. 506 (five hundred six), on motion of Senator McDougle, was passed with its title.


YEAS--Barker, Blevins, Colgan, Cuccinelli, Deeds, Edwards, Hanger, Herring, Houck, Howell, Hurt, 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, Whipple--38.

NAYS--Locke, Miller, Y.B.--2. RULE 36--0.

S.B. 517 (five hundred seventeen), on motion of Senator Cuccinelli, was passed with its title.


YEAS--Barker, Blevins, Colgan, Cuccinelli, Deeds, Edwards, Hanger, Herring, Houck, Howell, Hurt, Marsh, Martin, McDougle, McEachin, Miller, J.C., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Quayle, Reynolds, Ruff, Saslaw, Smith, Stolle, Stosch, Stuart, Vogel, Wagner, Wampler, Watkins--35.

NAYS--Locke, Lucas, Miller, Y.B., Ticer, Whipple--5. RULE 36--0.

S.B. 782 (seven hundred eighty-two), on motion of Senator Obenshain, was passed with its title.


YEAS--Barker, Blevins, Colgan, Cuccinelli, Deeds, Edwards, Hanger, Herring, Houck, Howell, Hurt, Marsh, Martin, McDougle, McEachin, Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Quayle, Reynolds, Ruff, Saslaw, Smith, Stolle, Stosch, Stuart, Vogel, Wagner, Wampler, Watkins--34.

NAYS--Locke, Lucas, Miller, J.C., Miller, Y.B., Ticer, Whipple--6. RULE 36--0.

S.B. 529 (five hundred twenty-nine) was taken up, the committee substitute having been agreed to and the amendment offered by Senator Cuccinelli having been rejected on February 6, 2008.

S.B. 529, on motion of Senator Houck, was recommitted to the Committee for Courts of Justice and continued to the 2009 Regular Session of the General Assembly, pursuant to Senate Rule 20 (f).


S.B. 559 (five hundred fifty-nine) was taken up, the committee substitute having been agreed to on February 8, 2008.

On motion of Senator Obenshain, the bill was ordered to be engrossed and read by title the third time.

S.B. 315 (three hundred fifteen) was read by title the second time.

The amendment in the nature of a substitute proposed by the Committee on General Laws and Technology was offered, having been printed separately, with its title reading as follows:

A BILL to amend the Code of Virginia by adding in Article 6 of Chapter 2 of Title 2.2 sections numbered 2.2-214.2, 2.2-214.3, and 2.2-214.4, relating to the Office of the Children’s Ombudsman.


Senator Edwards moved that the substitute be rejected.

The question was put on agreeing to the substitute.

The substitute was rejected.

The following amendment proposed by the Committee on Finance was offered:

1. Line 109, substitute, after line 108

insert 4. That the provisions of this act shall not become effective unless an appropriation of general funds effectuating the purposes of this act is included in a general appropriations act passed by the 2008 Session of the General Assembly, which becomes law.


Senator Edwards moved that the amendment be rejected.

The question was put on agreeing to the amendment.

The amendment was rejected.

Senator Edwards offered an amendment in the nature of a substitute, having been printed separately, with its title reading as follows:

A BILL to amend and reenact § 37.2-424 and 37.2-425 of the Code of Virginia and to amend the Code of Virginia by adding in Article 3 of Chapter 4 of Title 37.2 sections numbered 37.2-425.1, 37.2-425.2, and 37.2-425.3, relating to the establishment of the Division of Children’s Ombudsman.

On motion of Senator Edwards, the reading of the substitute was waived.


S.B. 315, on motion of Senator Colgan, was passed by for the day.

S.B. 768 (seven hundred sixty-eight) was read by title the second time.

The amendment in the nature of a substitute proposed by the Committee on Local Government was offered, having been printed separately, with its title reading as follows:

A BILL to amend and reenact §§ 15.2-2297, 15.2-2298, 15.2-2303, 15.2-2303.1, and 15.2-2317 through 15.2-2327 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 15.2-2322.1 and by adding in Article 8 of Chapter 22 of Title 15.2 a section numbered 15.2-2327.1, relating to conditional zoning; impact fees.


Senator Watkins moved that the substitute be rejected.

The question was put on agreeing to the substitute.

The substitute was rejected.

Senator Watkins offered an amendment in the nature of a substitute, having been printed separately, with its title reading as follows:

A BILL to amend and reenact §§ 15.2-2297, 15.2-2298, 15.2-2303, 15.2-2303.1, and 15.2-2317 through 15.2-2327 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 15.2-2323.1, relating to conditional zoning; impact fees.

On motion of Senator Watkins, the reading of the substitute was waived.

On motion of Senator Watkins, the substitute was agreed to.

S.B. 768, on motion of Senator Watkins, was passed by for the day.

S.B. 790 (seven hundred ninety) was taken up, the committee substitute having been agreed to on February 8, 2008.

On motion of Senator Cuccinelli, the bill was ordered to be engrossed and read by title the third time.

Senator Cuccinelli moved that the Rules be suspended and the third reading of the title of S.B. 790 as required by Article IV, Section 11, of the Constitution, be dispensed with.



YEAS--Barker, Blevins, Colgan, Cuccinelli, Deeds, Edwards, Hanger, Herring, Houck, Howell, Hurt, Locke, Lucas, Marsh, Martin, McDougle, McEachin, Miller, J.C., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Quayle, Ruff, Saslaw, Smith, Stolle, Stosch, Stuart, Ticer, Vogel, Wagner, Wampler, Watkins, Whipple--38.

NAYS--Miller, Y.B., Reynolds--2. RULE 36--0.


S.B. 790, on motion of Senator Saslaw, was recommitted to the Committee on Privileges and Elections.

S.B. 113 (one hundred thirteen) was read by title the second time.


1. Line 19, introduced, after court strike

shall insert

may


On motion of Senator McDougle, the amendment was agreed to.

On motion of Senator McDougle, the bill was ordered to be engrossed and read by title the third time.

Senator McDougle moved that the Rules be suspended and the third reading of the title of S.B. 113as required by Article IV, Section 11, of the Constitution, be dispensed with.



YEAS--Barker, Blevins, Colgan, Cuccinelli, Deeds, Edwards, Hanger, Herring, Houck, Howell, Hurt, Locke, Lucas, Marsh, Martin, McDougle, McEachin, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Quayle, Reynolds, Ruff, Smith, Stolle, Stosch, Stuart, Ticer, Vogel, Wagner, Wampler, Watkins, Whipple--39.


S.B. 113, on motion of Senator McDougle, was passed with its title.


YEAS--Barker, Blevins, Colgan, Cuccinelli, 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, Ruff, Saslaw, Smith, Stolle, Stosch, Stuart, Ticer, Vogel, Wagner, Wampler, Watkins, Whipple--38.

NAYS--Deeds, Reynolds--2. RULE 36--0.

S.B. 436 (four hundred thirty-six) was read by title the second time and, on motion of Senator Vogel, was ordered to be engrossed and read by title the third time.


Senator Vogel moved that the Rules be suspended and the third reading of the title of S.B. 436 as required by Article IV, Section 11, of the Constitution, be dispensed with.



YEAS--Barker, Blevins, Colgan, Cuccinelli, Deeds, Edwards, Hanger, Herring, Houck, Howell, Hurt, 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, Whipple--39.

NAYS--Miller, Y.B.--1. RULE 36--0.

S.B. 436, on motion of Senator Vogel, was passed with its title.


YEAS--Barker, Blevins, Colgan, Cuccinelli, Deeds, Edwards, Hanger, Houck, Hurt, Martin, McDougle, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Quayle, Reynolds, Ruff, Smith, Stolle, Stosch, Stuart, Vogel, Wagner, Wampler, Watkins, Whipple--31.

NAYS--Herring, Howell, Locke, Lucas, Marsh, McEachin, Puller, Saslaw, Ticer--9. RULE 36--0.

S.B. 476 (four hundred seventy-six), on motion of Senator Hanger, was passed by for the day.

S.B. 544 (five hundred forty-four) was read by title the second time.


1. Line 114, introduced, after section. insert

D. For purposes of any penalty that may be imposed for a violation of this section, a failure to file a particular statement or report with both the Board and the Attorney General shall constitute a single violation.


On motion of Senator Hurt, the amendment was agreed to.

On motion of Senator Hurt, the bill was ordered to be engrossed and read by title the third time.

Senator Hurt moved that the Rules be suspended and the third reading of the title of S.B. 544 as required by Article IV, Section 11, of the Constitution, be dispensed with.




YEAS--Barker, Blevins, Colgan, Cuccinelli, 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, Watkins, Whipple--39.


S.B. 544, on motion of Senator Hurt, was passed with its title.


YEAS--Barker, Blevins, Colgan, Cuccinelli, Deeds, Edwards, Hanger, Herring, Houck, Howell, Hurt, Locke, Lucas, Marsh, Martin, 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, Whipple--39.

NAYS--0. RULE 36--McDougle--1.

S.B. 545 (five hundred forty-five) was read by title the second time.


A BILL to amend and reenact §§ 2.2-3705.3, 3.1-336.4, 3.1-336.5, 3.1-336.7, 3.1-336.8, and 3.1-336.10 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 3.1-336.5:1, 3.1-336.7:1, 3.1-336.13:1, and 3.1-336.15:1, relating to the Master Settlement Agreement; regulation of cigarette manufacturers and stamping agents.


On motion of Senator Hurt, the substitute was agreed to.

On motion of Senator Hurt, the bill was ordered to be engrossed and read by title the third time.

Senator Hurt moved that the Rules be suspended and the third reading of the title of S.B. 545 as required by Article IV, Section 11, of the Constitution, be dispensed with.






S.B. 545, on motion of Senator Hurt, was passed with its title.


YEAS--Barker, Blevins, Colgan, Cuccinelli, Deeds, Edwards, Hanger, Herring, Houck, Howell, Hurt, Locke, Lucas, Marsh, Martin, 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, Whipple--39.

NAYS--0. RULE 36--McDougle--1.

S.B. 577 (five hundred seventy-seven) was read by title the second time.


A BILL to amend and reenact §§ 59.1-92.2, 59.1-92.12, and 59.1-92.13 of the Code of Virginia, relating to the registration and protection of trademarks and service marks; penalties.


On motion of Senator Saslaw, the substitute was agreed to.

On motion of Senator Saslaw, the bill was ordered to be engrossed and read by title the third time.

Senator Saslaw moved that the Rules be suspended and the third reading of the title of S.B. 577 as required by Article IV, Section 11, of the Constitution, be dispensed with.



YEAS--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, Watkins, Whipple--39.


S.B. 577, on motion of Senator Saslaw, was passed with its title.


YEAS--Barker, Blevins, Colgan, Cuccinelli, Deeds, Edwards, Hanger, Herring, Houck, Howell, Hurt, Locke, Lucas, Marsh, Martin, McDougle, McEachin, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Puckett, Puller, Quayle, Reynolds, Ruff, Saslaw, Smith, Stolle, Stosch, Stuart, Ticer, Vogel, Wagner, Wampler, Watkins, Whipple--39.

NAYS--Petersen--1. RULE 36--0.


SENATE BILLS ON FIRST READING

Senator Saslaw moved that the Rules be suspended and the first reading of the titles of the following Senate bills as required by Article IV, Section 11, of the Constitution, be dispensed with:

S.B. 48 (forty-eight). S.B. 73 (seventy-three). S.B. 84 (eighty-four). S.B. 154 (one hundred fifty-four). S.B. 306 (three hundred six). S.B. 404 (four hundred four). S.B. 442 (four hundred forty-two). S.B. 464 (four hundred sixty-four). S.B. 472 (four hundred seventy-two). S.B. 600 (six hundred). S.B. 651 (six hundred fifty-one). S.B. 750 (seven hundred fifty). S.B. 761 (seven hundred sixty-one). S.B. 266 (two hundred sixty-six). S.B. 422 (four hundred twenty-two). S.B. 511 (five hundred eleven). S.B. 525 (five hundred twenty-five). S.B. 629 (six hundred twenty-nine). S.B. 633 (six hundred thirty-three). S.B. 648 (six hundred forty-eight). S.B. 707 (seven hundred seven).



YEAS--Barker, Blevins, Colgan, Deeds, Edwards, Hanger, Herring, Houck, Howell, Hurt, Locke, Lucas, Marsh, Martin, McDougle, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Reynolds, Ruff, Saslaw, Smith, Stolle, Stosch, Stuart, Ticer, Vogel, Wagner, Wampler, Watkins, Whipple--37.


On motion of Senator Saslaw, the following Senate bills were passed by for the day:

S.B. 48 (forty-eight). S.B. 73 (seventy-three). S.B. 84 (eighty-four). S.B. 154 (one hundred fifty-four). S.B. 306 (three hundred six). S.B. 404 (four hundred four). S.B. 442 (four hundred forty-two). S.B. 464 (four hundred sixty-four). S.B. 472 (four hundred seventy-two). S.B. 600 (six hundred). S.B. 651 (six hundred fifty-one).


S.B. 750 (seven hundred fifty). S.B. 761 (seven hundred sixty-one). S.B. 266 (two hundred sixty-six). S.B. 422 (four hundred twenty-two). S.B. 511 (five hundred eleven). S.B. 525 (five hundred twenty-five). S.B. 629 (six hundred twenty-nine). S.B. 633 (six hundred thirty-three). S.B. 648 (six hundred forty-eight). S.B. 707 (seven hundred seven).

SENATE JOINT RESOLUTIONS ON FIRST READING

Senator Saslaw moved that the Rules be suspended and the first reading of the titles of the following Senate joint resolutions be waived:

S.J.R. 24 (twenty-four). S.J.R. 25 (twenty-five). S.J.R. 32 (thirty-two). S.J.R. 41 (forty-one). S.J.R. 49 (forty-nine). S.J.R. 64 (sixty-four). S.J.R. 65 (sixty-five). S.J.R. 76 (seventy-six). S.J.R. 108 (one hundred eight). S.J.R. 120 (one hundred twenty). S.J.R. 122 (one hundred twenty-two). S.J.R. 130 (one hundred thirty). S.J.R. 171 (one hundred seventy-one). S.J.R. 57 (fifty-seven).





On motion of Senator Saslaw, the following Senate joint resolutions were passed by for the day:

S.J.R. 24 (twenty-four). S.J.R. 25 (twenty-five). S.J.R. 32 (thirty-two). S.J.R. 41 (forty-one). S.J.R. 49 (forty-nine). S.J.R. 64 (sixty-four). S.J.R. 65 (sixty-five).


S.J.R. 76 (seventy-six). S.J.R. 108 (one hundred eight). S.J.R. 120 (one hundred twenty). S.J.R. 122 (one hundred twenty-two). S.J.R. 130 (one hundred thirty). S.J.R. 171 (one hundred seventy-one). S.J.R. 57 (fifty-seven).

MEMORIAL RESOLUTIONIMMEDIATE CONSIDERATION

On motion of Senator Barker, the Rules were suspended and H.J.R. 345 (three hundred forty-five), having been laid on the Clerk’s Desk pursuant to Senate Rule 26 (g), was taken up for immediate consideration.




H.J.R. 345, on motion of Senator Barker, was agreed to by a unanimous standing vote.

COMMENDING RESOLUTIONIMMEDIATE CONSIDERATION

On motion of Senator McEachin, the Rules were suspended and H.J.R. 371 (three hundred seventy-one), having been laid on the Clerk’s Desk pursuant to Senate Rule 26 (g), was taken up for immediate consideration.




H.J.R. 371, on motion of Senator McEachin, was agreed to.

COMMUNICATION

The following communication was received:


COMMONWEALTH OF VIRGINIAOffice of the Governor

February 11, 2008

TO THE SENATE OF VIRGINIA:

Pursuant to the provisions of Article V, Section 5 of the Constitution of Virginia and of House Joint Resolution No. 31, I hereby request the introduction and consideration of:

A Bill to amend and reenact § 2.2-1503.2 of the Code of Virginia relating to capital improvement planning and funding; authorizing the issuance of Commonwealth of Virginia General Obligation Bonds in an amount not exceeding $1,525,492,000 for the purpose of financing the costs of capital projects for educational facilities and providing that the Commonwealth of Virginia Educational Facilities Bond Act of 2008 shall not become effective and that no bonds shall be issued under the Act unless the Commonwealth of Virginia Educational Facilities Bond Act of 2008 shall be approved by a majority of the qualified voters of the Commonwealth voting thereon at an election, as required by Article X, Section 9(b) of the Constitution of Virginia; 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 $493,420,000; and 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 $187,928,000.

/s/ Timothy M. KaineGovernor

[Subsequently, the bill, numbered S.B. 795, was presented, ordered to be printed, and referred under House Joint Resolution No. 31 and Senate Rule 11 (b).]

INTRODUCTION OF LEGISLATION

Pursuant to the provisions of House Joint Resolution No. 31 and Senate Rule 11 (b), at the request of the Governor, the following bill was presented, ordered to be printed, and referred:

S.B. 795. A Bill to amend and reenact § 2.2-1503.2 of the Code of Virginia relating to capital improvement planning and funding; authorizing the issuance of Commonwealth of Virginia General Obligation Bonds in an amount not exceeding $1,525,492,000 for the purpose of financing the costs of capital projects for educational facilities and providing that the Commonwealth of Virginia Educational Facilities Bond Act of 2008 shall not become effective and that no bonds shall be issued under the Act unless the Commonwealth of Virginia Educational Facilities Bond Act of 2008 shall be approved by a majority of the qualified voters of the Commonwealth voting thereon at an election, as required by Article X, Section 9(b) of the Constitution of Virginia; 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 $493,420,000; and 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 $187,928,000.Patron--ColganReferred to Committee on Finance


HONORARY ADJOURNMENT

Senator Deeds addressed the Senate in memory of former Delegate Mitchell Van Yahres.

Senator Deeds requested that when the Senate adjourns today, it adjourn in memory of former Delegate Mitchell Van Yahres.

OTHER BUSINESS

Pursuant to Senate Rule 26 (f), the Clerk reported that Senator Smith had been added as a co-patron of S.B. 422 (four hundred twenty-two).

Pursuant to Senate Rule 26 (f), the Clerk reported that Delegate Valentine had been added as a co-patron of S.B. 446 (four hundred forty-six).

On motion of Senator Colgan, the Senate, in memory of former Delegate Mitchell Van Yahres, adjourned until tomorrow at 11:00 a.m. Pursuant to Senate Rule 21 (d)ii, the Clerk was ordered to receive the committee report.

COMMITTEE REPORT

The following bills, having been considered by the committee in session, were reported by Senator Saslaw from the Committee on Commerce and Labor:

S.B. 211 (two hundred eleven) with substitute. S.B. 212 (two hundred twelve) with substitute. S.B. 311 (three hundred eleven) with substitute. S.B. 576 (five hundred seventy-six) with substitute. S.B. 596 (five hundred ninety-six) with substitute. S.B. 692 (six hundred ninety-two) with substitute. S.B. 714 (seven hundred fourteen).

William T. BollingPresident of the Senate

Susan Clarke SchaarClerk of the Senate

Documents

MONDAY, FEBRUARY 11, 2008 - hodcap.state.va.us