Thursday, March 1, 2012 -1244- JOURNAL OF THE SENATE

THURSDAY, MARCH 1, 2012

The Senate met at 12 m. and was called to order by Lieutenant Governor William T. Bolling.

The Reverend Michael Grooms, Rainbow Forest Baptist Church, Troutville, , offered the following prayer:

Today, I feel it appropriate and timely to repeat a prayer that was supposedly prayed by Thomas Jefferson, third president of the . Some believe it was from the American Common Book of Prayer attributed by George Lyman Locke. In any case it is a great prayer to remember for these days of crisis. Almighty God, who has given us this good land for our heritage, we humbly beseech Thee that we may always prove ourselves a people mindful of Thy favor and glad to do Thy will. Bless our land with honorable ministry, sound learning, and pure manners. Save us from violence, discord, and confusion, from pride and arrogance, and from every evil way. Defend our liberties, and fashion into one united people, the multitude brought hither out of many kindreds and tongues. Endow with Thy spirit of wisdom those whom in Thy name we entrust the authority of government, that there may be justice and peace at home, and that through obedience to Thy law, we may show forth Thy praise among the nations of the earth. In time of prosperity fill our hearts with thankfulness, and in the day of trouble, suffer not our trust in Thee to fail; all of which we ask through Jesus Christ our Lord. Amen.

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

Barker, Black, Blevins, Carrico, Colgan, Deeds, Ebbin, Edwards, Favola, Garrett, Hanger, Herring, Howell, Locke, Lucas, Marsden, Marsh, Martin, McDougle, McEachin, McWaters, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Reeves, Ruff, Smith, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins.

A quorum was present.

After the roll call, Senator Saslaw notified the Clerk of his presence.

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

The recorded vote is as follows: YEAS--37. NAYS--3. RULE 36--0.

YEAS--Barker, Black, Blevins, Carrico, Colgan, Ebbin, Edwards, Favola, Hanger, Herring, Howell, Locke, Lucas, Marsden, Marsh, Martin, McDougle, McEachin, McWaters, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Puckett, Puller, Reeves, Ruff, Saslaw, Smith, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins--37. NAYS--Deeds, Garrett, Petersen--3. RULE 36--0.

HOUSE COMMUNICATIONS

The following communications were received:

In the House of Delegates February 29, 2012 JOURNAL OF THE SENATE -1245- Thursday, March 1, 2012

THE HOUSE OF DELEGATES HAS PASSED WITH AMENDMENTS THE FOLLOWING SENATE BILLS:

S.B. 103. A BILL to amend the Code of Virginia by adding a section numbered 58.1-3819.1, relating to transient occupancy tax; Roanoke County.

S.B. 658. A BILL to amend and reenact § 58.1-3713.3 of the Code of Virginia, relating to local ordinances levying taxes on the severing of oil, coal, or gas from the earth and appeals of the same. EMERGENCY

THE HOUSE OF DELEGATES HAS PASSED WITH A SUBSTITUTE THE FOLLOWING SENATE BILL:

S.B. 401. A BILL to amend and reenact §§ 58.1-3916 and 58.1-3918 of the Code of Virginia, relating to local taxes; interest on refunds and delinquent taxes.

THE HOUSE OF DELEGATES HAS PASSED WITH A SUBSTITUTE WITH AMENDMENTS THE FOLLOWING SENATE BILL:

S.B. 556. A BILL to amend and reenact § 54.1-4012 of the Code of Virginia, relating to pawnbrokers; holding period for purchases.

THE HOUSE OF DELEGATES HAS REJECTED THE AMENDMENT PROPOSED BY THE SENATE TO THE FOLLOWING HOUSE BILL:

H.B. 183. A BILL to amend and reenact §§ 32.1-325 and 32.1-351 of the Code of Virginia, relating to medical assistance; coverage for certain children and pregnant women.

THE HOUSE OF DELEGATES HAS REJECTED THE SUBSTITUTES PROPOSED BY THE SENATE TO THE FOLLOWING HOUSE BILLS:

H.B. 9. A BILL to amend and reenact §§ 24.2-643, 24.2-651, 24.2-651.1, 24.2-653, and 24.2-701 of the Code of Virginia, relating to elections; voting procedures; voter identification requirements; provisional ballots.

H.B. 85. A BILL to amend and reenact §§ 33.1-46.2 and 46.2-749.3 of the Code of Virginia, relating to high-occupancy vehicle lanes and clean special fuel vehicle license plates.

H.B. 391. A BILL to amend and reenact § 16.1-300 of the Code of Virginia, relating to sharing of confidential juvenile records with correctional facilities.

H.B. 599. A BILL to amend the Code of Virginia by adding a section numbered 33.1-13.03:1, relating to evaluation of transportation projects in the Northern Virginia Transportation District; reports.

H.B. 1173. A BILL to amend and reenact §§ 22.1-212.6, 22.1-212.7, 22.1-212.10, 22.1-212.13, and 22.1-212.14 of the Code of Virginia, relating to public charter schools.

THE HOUSE OF DELEGATES HAS PASSED THE FOLLOWING SENATE BILLS:

S.B. 472. A BILL to amend and reenact §§ 54.1-2349, 55-79.93, 55-79.93:1, 55-394.1, 55-504.1, 55-516.1, and 55-530 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 55-79.93:2 and 55-394.2, relating to common interest communities. Thursday, March 1, 2012 -1246- JOURNAL OF THE SENATE

S.B. 588. A BILL to amend and reenact § 15.2-2118 of the Code of Virginia, relating to liens for water and sewer charges.

THE HOUSE OF DELEGATES HAS AGREED TO THE AMENDMENTS PROPOSED BY THE SENATE TO THE FOLLOWING HOUSE BILLS:

H.B. 42. A BILL to amend and reenact § 9.1-400 of the Code of Virginia, relating to Line of Duty Act; certain members of fire companies or departments.

H.B. 72. A BILL to amend and reenact § 46.2-878.1 of the Code of Virginia, relating to highway work zones.

H.B. 170. A BILL to amend and reenact § 15.2-2301 of the Code of Virginia, relating to review of zoning administrator decisions; appeals.

H.B. 399. A BILL to require the Department of Health to convene a work group to develop a plan for implementation of a program for screening infants for critical congenital cyanotic heart disease.

H.B. 408. A BILL to amend and reenact § 58.1-3212 of the Code of Virginia, relating to real property tax exemption for the elderly and disabled; eligibility.

H.B. 445. A BILL to amend and reenact §§ 16.1-241, 16.1-243, 63.2-1202, 63.2-1222, 63.2-1241, 63.2-1250, and 63.2-1251 of the Code of Virginia, and to amend the Code of Virginia by adding a section numbered 63.2-1220.01, relating to adoption of a child; procedures.

H.B. 509. A BILL to amend and reenact § 58.1-803 of the Code of Virginia, relating to recordation tax.

H.B. 900. A BILL to amend and reenact § 23-9.2:3 of the Code of Virginia, relating to higher education; mental health and parental notification policies.

H.B. 1035. A BILL to amend and reenact § 25.1-100 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 25.1-230.1, relating to eminent domain; lost profits and access.

H.B. 1107. A BILL to amend and reenact §§ 8.01-225, 22.1-274.2, and 54.1-3408 of the Code of Virginia, relating to public schools; administration of epinephrine.

H.B. 1217. A BILL to designate a portion of Virginia Route 19 the “Sergeant Brandon Asbury Highway” and all of Virginia Route 609 the “Sergeant David Lambert Highway.”

H.B. 1224. A BILL to authorize an exchange of real property controlled by the Department of Transportation.

H.B. 1238. A BILL to amend and reenact § 19.2-386.14 of the Code of Virginia, relating to disposition of forfeited drug assets.

THE HOUSE OF DELEGATES HAS AGREED TO THE SUBSTITUTES PROPOSED BY THE SENATE TO THE FOLLOWING HOUSE BILLS:

H.B. 34. A BILL to amend and reenact §§ 33.1-373 and 33.1-375.1 of the Code of Virginia, relating to advertising signs within highway rights of way. JOURNAL OF THE SENATE -1247- Thursday, March 1, 2012

H.B. 507. A BILL to amend and reenact §§ 16.1-241.3 and 63.2-1509 of the Code of Virginia, relating to suspected child abuse; substance exposed infants; reporting by health care providers.

IN WHICH ACTION IT REQUESTS THE CONCURRENCE OF THE SENATE.

/s/ G. Paul Nardo Clerk, House of Delegates

In the House of Delegates February 29, 2012

THE HOUSE OF DELEGATES HAS ACCEDED TO THE REQUEST OF THE SENATE FOR A COMMITTEE OF CONFERENCE ON THE FOLLOWING HOUSE BILL:

H.B. 424. A BILL to amend and reenact § 8.01-390.1 of the Code of Virginia, relating to school records; self-authentication.

THE HOUSE OF DELEGATES HAS INSISTED ON ITS SUBSTITUTE AND HAS REQUESTED A COMMITTEE OF CONFERENCE ON THE FOLLOWING SENATE JOINT RESOLUTION:

S.J.R. 13. Recognizing the African American members elected to the Virginia Constitutional Convention of 1867-1868 and members elected to the Virginia General Assembly during Reconstruction.

IN WHICH ACTION IT REQUESTS THE CONCURRENCE OF THE SENATE.

/s/ G. Paul Nardo Clerk, House of Delegates

On motion of Senator Norment, the Rules were suspended and the reading of the communications from the House of Delegates was waived.

The recorded vote is as follows: YEAS--37. NAYS--3. RULE 36--0.

YEAS--Barker, Black, Blevins, Carrico, Colgan, Ebbin, Edwards, Favola, Hanger, Herring, Howell, Locke, Lucas, Marsden, Marsh, Martin, McDougle, McEachin, McWaters, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Puckett, Puller, Reeves, Ruff, Saslaw, Smith, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins--37. NAYS--Deeds, Garrett, Petersen--3. RULE 36--0.

COMMITTEE REPORT

The following bills, having been considered by the committee in session, were reported by Senator Martin from the Committee on Education and Health:

H.B. 93 (ninety-three). H.B. 98 (ninety-eight). H.B. 180 (one hundred eighty) with amendment. H.B. 269 (two hundred sixty-nine). H.B. 325 (three hundred twenty-five). Thursday, March 1, 2012 -1248- JOURNAL OF THE SENATE

H.B. 343 (three hundred forty-three) with substitute. H.B. 378 (three hundred seventy-eight). H.B. 496 (four hundred ninety-six) with substitute. H.B. 504 (five hundred four). H.B. 703 (seven hundred three) with amendment. H.B. 965 (nine hundred sixty-five). H.B. 1140 (one thousand one hundred forty). H.B. 1141 (one thousand one hundred forty-one).

INTRODUCTION OF LEGISLATION

Pursuant to the provisions of House Joint Resolution No. 5 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. 211. Commending the Oscar Smith High School football team. Patrons--Blevins and Miller, Y.B.; Delegates: Cosgrove, James, Jones, Spruill and Villanueva

Pursuant to the provisions of House Joint Resolution No. 5 and Senate Rule 26 (g), Senator Ruff introduced joint resolutions; subsequently, the following were presented and laid on the Clerk’s Desk:

S.J.R. 212. Commending the Charlotte County Dixie Youth Baseball Majors team. Patrons--Ruff; Delegate: Edmunds

S.J.R. 213. Celebrating the life of Robert Williams Daniel, Jr. Patrons--Ruff, Black, Blevins, Martin, Obenshain, Smith, Vogel and Watkins; Delegates: Cosgrove, Cox, M.K., Dance, Howell, W.J., Ingram, James, Joannou, Jones, Morris, Morrissey, Putney, Robinson, Spruill, Tyler, Ware, R.L. and Wright

GUESTS PRESENTED

On motion of Senator Norment, the Rules were suspended for the purpose of granting the privileges of the floor to distinguished persons.

The recorded vote is as follows: YEAS--39. NAYS--0. RULE 36--0.

YEAS--Barker, Black, Blevins, Carrico, Colgan, Deeds, Ebbin, Edwards, Favola, Garrett, Hanger, Herring, Howell, Locke, Lucas, Marsden, Marsh, Martin, McDougle, McEachin, McWaters, Miller, J.C., Miller, Y.B., Newman, Northam, Obenshain, Petersen, Puckett, Puller, Reeves, Ruff, Saslaw, Smith, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins--39. NAYS--0. RULE 36--0.

Senator McEachin presented Brian K. Blount, president of Union Presbyterian Seminary, and his wife Sharon, on the occasion of its 200th anniversary, to the Senate.

INTRODUCTION OF LEGISLATION

Pursuant to the provisions of House Joint Resolution No. 5 and Senate Rule 26 (g), Senator Marsh introduced joint resolutions; subsequently, the following were presented and laid on the Clerk’s Desk: JOURNAL OF THE SENATE -1249- Thursday, March 1, 2012

S.J.R. 214. Celebrating the life of Edward James McPherson. Patron--Marsh

S.J.R. 215. Celebrating the life of Reverend Heslip Malbert Lee. Patron--Marsh

CALENDAR

UNFINISHED BUSINESS—HOUSE

H.B. 117 (one hundred seventeen) was taken up.

On motion of Senator Stosch, the Senate insisted on its substitute and respectfully requested a committee of conference.

The recorded vote is as follows: YEAS--37. NAYS--1. RULE 36--0.

YEAS--Barker, Black, Blevins, Carrico, Colgan, Deeds, Ebbin, Edwards, Favola, Garrett, Hanger, Herring, Howell, Locke, Marsden, Marsh, Martin, McDougle, McWaters, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Reeves, Ruff, Saslaw, Smith, Stanley, Stosch, Stuart, Vogel, Watkins--37. NAYS--Lucas--1. RULE 36--0.

H.B. 375 (three hundred seventy-five), on motion of Senator Norment, was passed by temporarily.

H.B. 1262 (one thousand two hundred sixty-two) was taken up.

On motion of Senator Ruff, the Senate insisted on its amendments and respectfully requested a committee of conference.

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

YEAS--Barker, Black, Blevins, Carrico, Colgan, Deeds, Ebbin, Edwards, Favola, Garrett, Hanger, Herring, Howell, Locke, Lucas, Marsden, Marsh, Martin, McDougle, McEachin, McWaters, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Reeves, Ruff, Saslaw, Smith, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins--40. NAYS--0. RULE 36--0.

UNFINISHED BUSINESS—SENATE

S.B. 135 (one hundred thirty-five) was taken up with the amendment in the nature of a substitute proposed by the House of Delegates, and printed separately, the title reading as follows:

A BILL to amend and reenact §§ 2.2-3705.6, 32.1-276.2, and 32.1-276.4 of the Code of Virginia, to amend the Code of Virginia by adding sections numbered 32.1-276.7:1 and 32.1-276.9:1, and to repeal § 32.1-276.5:1 of the Code of Virginia, relating to health care data reporting.

Senator Puller moved that the substitute be rejected. Thursday, March 1, 2012 -1250- JOURNAL OF THE SENATE

The question was put on agreeing to the substitute.

The substitute was rejected.

The recorded vote is as follows: YEAS--1. NAYS--39. RULE 36--0.

YEAS--Barker--1. NAYS--Black, Blevins, Carrico, Colgan, Deeds, Ebbin, Edwards, Favola, Garrett, Hanger, Herring, Howell, Locke, Lucas, Marsden, Marsh, Martin, McDougle, McEachin, McWaters, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Reeves, Ruff, Saslaw, Smith, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins--39. RULE 36--0.

S.B. 35 (thirty-five) was taken up with the amendment proposed by the House of Delegates as follows:

1. Line 34, engrossed, after transients, strike provided insert unless let continuously to one occupant for more than 30 days, including

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

The recorded vote is as follows: YEAS--38. NAYS--2. RULE 36--0.

YEAS--Barker, Black, Blevins, Colgan, Deeds, Ebbin, Edwards, Favola, Hanger, Herring, Howell, Locke, Lucas, Marsden, Marsh, Martin, McDougle, McEachin, McWaters, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Reeves, Ruff, Saslaw, Smith, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins--38. NAYS--Carrico, Garrett--2. RULE 36--0.

S.B. 94 (ninety-four) was taken up with the amendment in the nature of a substitute proposed by the House of Delegates, and printed separately, the title reading as follows:

A BILL to amend and reenact § 8.01-3 of the Code of Virginia and to repeal § 30-153 of the Code of Virginia, relating to the Rules of Evidence.

Senator Edwards moved that the substitute be rejected.

The question was put on agreeing to the substitute.

The substitute was rejected. JOURNAL OF THE SENATE -1251- Thursday, March 1, 2012

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

YEAS--0. NAYS--Barker, Black, Blevins, Carrico, Colgan, Deeds, Ebbin, Edwards, Favola, Garrett, Hanger, Herring, Howell, Locke, Lucas, Marsden, Marsh, Martin, McDougle, McEachin, McWaters, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Reeves, Ruff, Saslaw, Smith, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins--40. RULE 36--0.

S.B. 149 (one hundred forty-nine) was taken up with the amendments proposed by the House of Delegates as follows:

1. Line 16, engrossed, after thereafter, strike three insert two

2. Line 16, engrossed, after the strike three insert two

3. Line 19, engrossed, after thereafter, strike two insert three

4. Line 20, engrossed, after being the strike two insert three

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

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

YEAS--Barker, Black, Blevins, Carrico, Colgan, Deeds, Ebbin, Edwards, Favola, Garrett, Hanger, Herring, Howell, Locke, Lucas, Marsden, Marsh, Martin, McDougle, McEachin, McWaters, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Reeves, Ruff, Saslaw, Smith, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins--40. NAYS--0. RULE 36--0.

S.B. 286 (two hundred eighty-six) was taken up with the amendment in the nature of a substitute proposed by the House of Delegates, and printed separately, the title reading as follows: Thursday, March 1, 2012 -1252- JOURNAL OF THE SENATE

A BILL to allow the City of Newport News to sell certain property for a nominal amount.

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

The recorded vote is as follows: YEAS--35. NAYS--5. RULE 36--0.

YEAS--Barker, Black, Blevins, Colgan, Deeds, Ebbin, Edwards, Favola, Hanger, Herring, Howell, Locke, Lucas, Marsden, Marsh, McDougle, McEachin, McWaters, Miller, J.C., Miller, Y.B., Norment, Northam, Obenshain, Petersen, Puckett, Puller, Ruff, Saslaw, Smith, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins--35. NAYS--Carrico, Garrett, Martin, Newman, Reeves--5. RULE 36--0.

S.B. 308 (three hundred eight) was taken up with the amendment proposed by the House of Delegates as follows:

1. Line 155, engrossed, after application insert by the owner of the subject property, the owner’s agent, or any entity in which the owner holds an ownership interest greater than 50 percent,

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

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

YEAS--Barker, Black, Blevins, Carrico, Colgan, Deeds, Ebbin, Edwards, Favola, Garrett, Hanger, Herring, Howell, Locke, Lucas, Marsden, Marsh, Martin, McDougle, McEachin, McWaters, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Reeves, Ruff, Saslaw, Smith, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins--40. NAYS--0. RULE 36--0.

S.B. 430 (four hundred thirty) was taken up with the amendment in the nature of a substitute proposed by the House of Delegates, and printed separately, the title reading as follows:

A BILL to amend the Code of Virginia by adding a section numbered 15.2-2288.5, relating to cemeteries.

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

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

YEAS--Barker, Black, Blevins, Carrico, Colgan, Deeds, Ebbin, Edwards, Favola, Garrett, Hanger, Herring, Howell, Locke, Lucas, Marsden, Marsh, Martin, McDougle, McEachin, McWaters, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Reeves, Ruff, Saslaw, Smith, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins--40. NAYS--0. RULE 36--0. JOURNAL OF THE SENATE -1253- Thursday, March 1, 2012

S.B. 541 (five hundred forty-one) was taken up with the amendment proposed by the House of Delegates as follows:

1. After line 509, engrossed insert 2. That an emergency exists and this act is in force from its passage.

Senator Obenshain moved that the amendment be rejected.

The question was put on agreeing to the amendment.

The amendment was rejected.

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

YEAS--0. NAYS--Barker, Black, Blevins, Carrico, Colgan, Deeds, Ebbin, Edwards, Favola, Garrett, Hanger, Herring, Howell, Locke, Lucas, Marsden, Marsh, Martin, McDougle, McEachin, McWaters, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Reeves, Ruff, Saslaw, Smith, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins--40. RULE 36--0.

S.B. 546 (five hundred forty-six) was taken up with the amendments proposed by the House of Delegates as follows:

1. Line 45, engrossed, after council, strike and

2. Line 46, engrossed, after council insert , and the city council of the City of Norfolk may appoint 11 members, with terms staggered as agreed upon by the city council

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

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

YEAS--Barker, Black, Blevins, Carrico, Colgan, Deeds, Ebbin, Edwards, Favola, Garrett, Hanger, Herring, Howell, Locke, Lucas, Marsden, Marsh, Martin, McDougle, McEachin, McWaters, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Reeves, Ruff, Saslaw, Smith, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins--40. NAYS--0. RULE 36--0.

S.B. 565 (five hundred sixty-five) was taken up with the amendment in the nature of a substitute proposed by the House of Delegates, and printed separately, the title reading as follows: Thursday, March 1, 2012 -1254- JOURNAL OF THE SENATE

A BILL to amend and reenact §§ 24.2-419, 24.2-444, 24.2-612, 24.2-700, 24.2-701, 24.2-702.1, 24.2-703, and 24.2-709 of the Code of Virginia; to amend the Code of Virginia by adding in Title 24.2 a chapter numbered 4.1, consisting of sections numbered 24.2-451 through 24.2-470; and to repeal Articles 7 (§§ 24.2-440 through 24.2-443) and 7.1 (§§ 24.2-443.1 through 24.2-443.4) of Chapter 4 of Title 24.2 of the Code of Virginia, relating to the Uniform Military and Overseas Voters Act and related provisions of the elections laws.

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

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

YEAS--Barker, Black, Blevins, Carrico, Colgan, Deeds, Ebbin, Edwards, Favola, Garrett, Hanger, Herring, Howell, Locke, Lucas, Marsden, Marsh, Martin, McDougle, McEachin, McWaters, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Reeves, Ruff, Saslaw, Smith, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins--40. NAYS--0. RULE 36--0.

S.B. 628 (six hundred twenty-eight) was taken up with the amendment in the nature of a substitute proposed by the House of Delegates, and printed separately, the title reading as follows:

A BILL to amend and reenact § 55-509.2 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 55-509.1:1, relating to the Property Owners’ Association Act; limitation on certain contracts and leases by declarant.

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

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

YEAS--Barker, Black, Blevins, Carrico, Colgan, Deeds, Ebbin, Edwards, Favola, Garrett, Hanger, Herring, Howell, Locke, Lucas, Marsden, Marsh, Martin, McDougle, McEachin, McWaters, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Reeves, Ruff, Saslaw, Smith, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins--40. NAYS--0. RULE 36--0.

S.B. 413 (four hundred thirteen) was taken up.

On motion of Senator Norment, the Senate acceded to the request of the House of Delegates for a committee of conference on the bill.

The recorded vote is as follows: YEAS--39. NAYS--1. RULE 36--0.

YEAS--Barker, Black, Blevins, Carrico, Colgan, Deeds, Edwards, Favola, Garrett, Hanger, Herring, Howell, Locke, Lucas, Marsden, Marsh, Martin, McDougle, McEachin, McWaters, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Reeves, Ruff, Saslaw, Smith, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins--39. NAYS--Ebbin--1. RULE 36--0. JOURNAL OF THE SENATE -1255- Thursday, March 1, 2012

S.B. 662 (six hundred sixty-two) was taken up.

On motion of Senator Smith, the Senate acceded to the request of the House of Delegates for a committee of conference on the bill.

The recorded vote is as follows: YEAS--39. NAYS--1. RULE 36--0.

YEAS--Barker, Black, Blevins, Carrico, Colgan, Deeds, Edwards, Favola, Garrett, Hanger, Herring, Howell, Locke, Lucas, Marsden, Marsh, Martin, McDougle, McEachin, McWaters, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Reeves, Ruff, Saslaw, Smith, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins--39. NAYS--Ebbin--1. RULE 36--0.

UNFINISHED BUSINESS—HOUSE

H.B. 375 (three hundred seventy-five) was taken up.

On motion of Senator Norment, the Senate insisted on its substitute and respectfully requested a committee of conference.

The recorded vote is as follows: YEAS--38. NAYS--2. RULE 36--0.

YEAS--Barker, Black, Blevins, Carrico, Colgan, Deeds, Edwards, Favola, Hanger, Herring, Howell, Locke, Lucas, Marsden, Marsh, Martin, McDougle, McEachin, McWaters, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Reeves, Ruff, Saslaw, Smith, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins--38. NAYS--Ebbin, Garrett--2. RULE 36--0.

HOUSE BILLS ON THIRD READING

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

H.B. 853 (eight hundred fifty-three). H.B. 52 (fifty-two). H.B. 137 (one hundred thirty-seven). H.B. 206 (two hundred six). H.B. 211 (two hundred eleven). H.B. 233 (two hundred thirty-three). H.B. 234 (two hundred thirty-four). H.B. 271 (two hundred seventy-one). H.B. 313 (three hundred thirteen). H.B. 316 (three hundred sixteen). H.B. 324 (three hundred twenty-four). H.B. 350 (three hundred fifty). H.B. 377 (three hundred seventy-seven). H.B. 438 (four hundred thirty-eight). Thursday, March 1, 2012 -1256- JOURNAL OF THE SENATE

H.B. 460 (four hundred sixty). H.B. 480 (four hundred eighty). H.B. 481 (four hundred eighty-one). H.B. 508 (five hundred eight). H.B. 536 (five hundred thirty-six). H.B. 546 (five hundred forty-six). H.B. 737 (seven hundred thirty-seven). H.B. 738 (seven hundred thirty-eight). H.B. 752 (seven hundred fifty-two). H.B. 764 (seven hundred sixty-four). H.B. 767 (seven hundred sixty-seven). H.B. 768 (seven hundred sixty-eight). H.B. 839 (eight hundred thirty-nine). H.B. 937 (nine hundred thirty-seven). H.B. 945 (nine hundred forty-five). H.B. 963 (nine hundred sixty-three). H.B. 964 (nine hundred sixty-four). H.B. 1020 (one thousand twenty). H.B. 1104 (one thousand one hundred four). H.B. 1110 (one thousand one hundred ten). H.B. 1121 (one thousand one hundred twenty-one). H.B. 1130 (one thousand one hundred thirty). H.B. 1134 (one thousand one hundred thirty-four). H.B. 1167 (one thousand one hundred sixty-seven). H.B. 1177 (one thousand one hundred seventy-seven). H.B. 1200 (one thousand two hundred). H.B. 1202 (one thousand two hundred two). H.B. 1219 (one thousand two hundred nineteen). H.B. 1261 (one thousand two hundred sixty-one). H.B. 1277 (one thousand two hundred seventy-seven). H.B. 1293 (one thousand two hundred ninety-three). H.B. 1295 (one thousand two hundred ninety-five).

The motion was agreed to.

H.B. 853 (eight hundred fifty-three) was taken up.

The following amendment proposed by the Committee on Education and Health was offered:

1. Line 12, engrossed, after policies insert , including appropriate training,

The reading of the amendment was waived.

Senator Barker moved that the amendment be rejected.

The question was put on agreeing to the amendment.

The amendment was rejected.

Senator Barker offered the following amendment: JOURNAL OF THE SENATE -1257- Thursday, March 1, 2012

1. Line 13, engrossed, after behavior insert and provide for training, where appropriate

On motion of Senator Barker, the reading of the amendment was waived.

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

The amendment was ordered to be engrossed.

H.B. 206 (two hundred six) was taken up.

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 and reenact §§ 54.1-2105, 54.1-2105.03, 54.1-2106.1, 54.1-2130 through 54.1-2134, 54.1-2137, as it shall become effective, 54.1-2138, 54.1-2138.1, 54.1-2139, as it shall become effective, 54.1-2139.1, as it shall become effective, and 54.1-2141 of the Code of Virginia; to amend the Code of Virginia by adding sections numbered 54.1-2106.2, 54.1-2110.1, and 54.1-2139.01; and to repeal §§ 54.1-2139.2 and 54.1-2139.3 of the Code of Virginia, relating to the Real Estate Board; duties of real estate brokers and salespersons.

The reading of the substitute was waived.

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

The substitute was ordered to be engrossed.

H.B. 233 (two hundred thirty-three) was taken up.

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 and reenact §§ 55-362, 55-380, 55-396, 55-397, and 55-400 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 55-376.5, 55-380.1, 55-394.2, and 55-394.3, relating to the Virginia Real Estate Time-Share Act; resale of time-shares.

The reading of the substitute was waived.

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

The substitute was ordered to be engrossed.

H.B. 234 (two hundred thirty-four) was taken up.

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 and reenact § 55-370 of the Code of Virginia, relating to the advertisement of time-share estate foreclosure sales.

The reading of the substitute was waived. Thursday, March 1, 2012 -1258- JOURNAL OF THE SENATE

Senator Ruff moved that the substitute be rejected.

The question was put on agreeing to the substitute.

The substitute was rejected.

Senator Ruff 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 § 55-370 of the Code of Virginia, relating to the advertisement of time-share estate foreclosure sales.

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

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

The substitute was ordered to be engrossed.

H.B. 316 (three hundred sixteen) was taken up.

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 a section numbered 15.2-2288.5, relating to cemeteries.

The reading of the substitute was waived.

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

The substitute was ordered to be engrossed.

H.B. 350 (three hundred fifty) was taken up.

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

1. Line 218, engrossed, at the beginning of the line insert 2. That an emergency exists and this act is in force from its passage.

The reading of the amendment was waived.

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

The amendment was ordered to be engrossed.

H.B. 460 (four hundred sixty) was taken up.

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

A BILL to amend and reenact § 58.1-422 of the Code of Virginia, relating to corporate income tax; apportionment of income for manufacturers. JOURNAL OF THE SENATE -1259- Thursday, March 1, 2012

The reading of the substitute was waived.

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

The substitute was ordered to be engrossed.

H.B. 481 (four hundred eighty-one) was taken up.

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 and reenact §§ 2.2-3112, 2.2-3115, 2.2-3117, and 2.2-3120 of the Code of Virginia, relating to the State and Local Government Conflict of Interests Act; disclosure forms.

The reading of the substitute was waived.

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

The substitute was ordered to be engrossed.

H.B. 737 (seven hundred thirty-seven) was taken up.

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

1. Line 20, engrossed, after representing Virginia strike universities insert public institutions of higher education

The reading of the amendment was waived.

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

The amendment was ordered to be engrossed.

H.B. 752 (seven hundred fifty-two) 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 the Code of Virginia by adding a section numbered 18.2-51.6, relating to strangulation of another; penalty.

The reading of the substitute was waived.

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

The substitute was ordered to be engrossed.

H.B. 767 (seven hundred sixty-seven) was taken up. Thursday, March 1, 2012 -1260- JOURNAL OF THE SENATE

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 to amend the Code of Virginia by adding a section numbered 2.2-904.01, and to repeal § 2.2-904.2 of the Code of Virginia, relating to the Virginia Department of Business Assistance’ Small Business Jobs Grant Fund Program.

The reading of the substitute was waived.

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

The substitute was ordered to be engrossed.

H.B. 768 (seven hundred sixty-eight) was taken up.

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 and reenact §§ 2.2-900, 2.2-902, 2.2-904, and 2.2-904.1 of the Code of Virginia; to amend the Code of Virginia by adding in Chapter 9 of Title 2.2 an article numbered 2, consisting of sections numbered 2.2-903.1, 2.2-903.2, 2.2-904.01, and 2.2-904.02; and to repeal § 2.2-904.2 of the Code of Virginia, relating to the Department of Business Assistance; Virginia Jobs Investment Program.

The reading of the substitute was waived.

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

The substitute was ordered to be engrossed.

H.B. 937 (nine hundred thirty-seven) was taken up.

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 Chapter 1 of Title 54.1 a section numbered 54.1-118, relating to professions and occupations; expediting the issuance of licenses and the issuance of temporary licenses for spouses of military service members.

The reading of the substitute was waived.

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

The substitute was ordered to be engrossed.

H.B. 964 (nine hundred sixty-four) was taken up.

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

1. Line 12, engrossed, after person insert 18 years of age or older JOURNAL OF THE SENATE -1261- Thursday, March 1, 2012

The reading of the amendment was waived.

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

Senator Norment offered the following amendment:

1. Line 26, engrossed, after appropriation strike cannot be determined insert is $0

On motion of Senator Norment, the reading of the amendment was waived.

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

The amendments were ordered to be engrossed.

H.B. 1110 (one thousand one hundred ten) was taken up.

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

1. Line 31, engrossed, after of a insert properly executed

2. Line 120, engrossed, after pursuant to strike the United States Housing Act of 1937 (42 U.S.C. § 1437 et seq.) insert 12 U.S.C. § 5220

The reading of the amendments was waived.

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

The amendments were ordered to be engrossed.

H.B. 1219 (one thousand two hundred nineteen) was taken up.

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

1. Line 154, engrossed, after unit owners’ ] strike associations’ insert association’s

2. Line 170, engrossed, after unit owners’ Thursday, March 1, 2012 -1262- JOURNAL OF THE SENATE

strike associations’ insert association’s

3. Line 198, engrossed, after final adverse strike action insert decisions

4. Line 200, engrossed, after members in strike using the procedures and processes available to them in the association insert understanding the rights and processes available under the laws and regulations governing common interest communities

The reading of the amendments was waived.

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

The amendments were ordered to be engrossed.

H.B. 1293 (one thousand two hundred ninety-three) was taken up.

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 and reenact § 27-98 of the Code of Virginia, relating to Fire Prevention Code; local inspection fee.

The reading of the substitute was waived.

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

The substitute was ordered to be engrossed.

H.B. 1295 (one thousand two hundred ninety-five) was taken up.

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 and reenact §§ 2.2-1124, 2.2-4303, 2.2-4343, 5.1-40, 15.2-968.1, 15.2-1643, 15.2-2223.1, 22.1-18.1, 22.1-92, 22.1-129, 22.1-275.1, 37.2-504, 37.2-508, and 42.1-36.1, of the Code of Virginia, relating to the elimination of various mandates on local and regional entities relating to procurement procedures, education, and land use.

The reading of the substitute was waived.

On motion of Senator Ruff, the substitute was agreed to. JOURNAL OF THE SENATE -1263- Thursday, March 1, 2012

The substitute was ordered to be engrossed.

Senator Norment moved that the passage of the House bills that follow be considered en bloc.

The motion was agreed to.

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

H.B. 853 (eight hundred fifty-three) with amendment. H.B. 52 (fifty-two). H.B. 137 (one hundred thirty-seven). H.B. 206 (two hundred six) with substitute. H.B. 211 (two hundred eleven). H.B. 233 (two hundred thirty-three) with substitute. H.B. 234 (two hundred thirty-four) with substitute. H.B. 271 (two hundred seventy-one). H.B. 313 (three hundred thirteen). H.B. 316 (three hundred sixteen) with substitute. H.B. 324 (three hundred twenty-four). H.B. 350 (three hundred fifty) with amendment. H.B. 377 (three hundred seventy-seven). H.B. 438 (four hundred thirty-eight). H.B. 460 (four hundred sixty) with substitute. H.B. 480 (four hundred eighty). H.B. 481 (four hundred eighty-one) with substitute. H.B. 508 (five hundred eight). H.B. 536 (five hundred thirty-six). H.B. 546 (five hundred forty-six). H.B. 737 (seven hundred thirty-seven) with amendment. H.B. 738 (seven hundred thirty-eight). H.B. 752 (seven hundred fifty-two) with substitute. H.B. 764 (seven hundred sixty-four). H.B. 767 (seven hundred sixty-seven) with substitute. H.B. 768 (seven hundred sixty-eight) with substitute. H.B. 839 (eight hundred thirty-nine). H.B. 937 (nine hundred thirty-seven) with substitute. H.B. 945 (nine hundred forty-five). H.B. 963 (nine hundred sixty-three). H.B. 964 (nine hundred sixty-four) with amendments. H.B. 1020 (one thousand twenty). H.B. 1104 (one thousand one hundred four). H.B. 1110 (one thousand one hundred ten) with amendments. H.B. 1121 (one thousand one hundred twenty-one). H.B. 1134 (one thousand one hundred thirty-four). H.B. 1167 (one thousand one hundred sixty-seven). H.B. 1177 (one thousand one hundred seventy-seven). H.B. 1200 (one thousand two hundred). H.B. 1202 (one thousand two hundred two). H.B. 1219 (one thousand two hundred nineteen) with amendments. H.B. 1261 (one thousand two hundred sixty-one). Thursday, March 1, 2012 -1264- JOURNAL OF THE SENATE

H.B. 1277 (one thousand two hundred seventy-seven). H.B. 1293 (one thousand two hundred ninety-three) with substitute. H.B. 1295 (one thousand two hundred ninety-five) with substitute.

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

YEAS--Barker, Black, Blevins, Carrico, Colgan, Deeds, Ebbin, Edwards, Favola, Garrett, Hanger, Herring, Howell, Locke, Lucas, Marsden, Marsh, Martin, McDougle, McEachin, McWaters, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Reeves, Ruff, Saslaw, Smith, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins--40. NAYS--0. RULE 36--0.

H.B. 1130 (one thousand one hundred thirty) was taken up.

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

A BILL to amend and reenact §§ 51.1-126, 51.1-126.5, 51.1-126.6, 51.1-135, 51.1-145, 51.1-601.1, 51.1-603.1, 51.1-611, 51.1-1100, 51.1-1400 through 51.1-1403, and 51.1-1405 of the Code of Virginia and to amend the Code of Virginia by adding in Article 9 of Chapter 1 of Title 51.1 a section numbered 51.1-169, by adding a section numbered 51.1-1131.1, and by adding in Title 51.1 a chapter numbered 11.1, containing articles numbered 1 through 4, consisting of sections numbered 51.1-1150 through 51.1-1183, relating to the Virginia Retirement System; hybrid defined benefit and defined contribution retirement program.

The reading of the substitute was waived.

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

The substitute was ordered to be engrossed.

H.B. 1130, on motion of Senator Stosch, was passed with its title.

The recorded vote is as follows: YEAS--32. NAYS--7. RULE 36--0.

YEAS--Barker, Black, Blevins, Colgan, Ebbin, Favola, Hanger, Herring, Howell, Locke, Lucas, Marsden, Marsh, Martin, McDougle, McEachin, McWaters, Miller, J.C., Miller, Y.B., Newman, Northam, Obenshain, Petersen, Puller, Reeves, Ruff, Saslaw, Smith, Stosch, Vogel, Wagner, Watkins--32. NAYS--Carrico, Deeds, Edwards, Garrett, Puckett, Stanley, Stuart--7. RULE 36--0.

H.B. 418 (four hundred eighteen) was read by title the third time.

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

1. Line 67, engrossed, after a late fee of strike not more than JOURNAL OF THE SENATE -1265- Thursday, March 1, 2012

2. Line 73, engrossed, at the beginning of the line strike not more than

3. Line 76, engrossed, at the beginning of the line insert 2. That the provisions of this act shall not apply to any declaration recorded prior to July 1, 2012.

The reading of the amendments was waived.

Senator Ruff requested that, pursuant to Senate Rule 31, there be a division of the amendments for consideration.

On motion of Senator Ruff, amendments Nos. 1 and 2 were agreed to.

Senator Ruff moved that amendment No. 3 be rejected.

The question was put on agreeing to amendment No. 3.

Amendment No. 3 was rejected.

H.B. 418, on motion of Senator Ruff, was passed by temporarily.

H.B. 576 (five hundred seventy-six), on motion of Senator Martin, was passed by for the day.

H.B. 477 (four hundred seventy-seven) was taken up, the committee amendment having been agreed to on February 27, 2012.

The amendment was ordered to be engrossed.

Senator Wagner moved that H.B. 477 be passed with its title.

The question was put on passing H.B. 477 with its title.

H.B. 477 was defeated with its title.

The recorded vote is as follows: YEAS--17. NAYS--23. RULE 36--0.

YEAS--Barker, Black, Blevins, Colgan, Ebbin, Favola, Herring, Howell, Marsden, McWaters, Miller, J.C., Miller, Y.B., Petersen, Puller, Saslaw, Wagner, Watkins--17. NAYS--Carrico, Deeds, Edwards, Garrett, Hanger, Locke, Lucas, Marsh, Martin, McDougle, McEachin, Newman, Norment, Northam, Obenshain, Puckett, Reeves, Ruff, Smith, Stanley, Stosch, Stuart, Vogel--23. RULE 36--0.

H.B. 1034 (one thousand thirty-four), on motion of Senator McDougle, was passed by for the day. Thursday, March 1, 2012 -1266- JOURNAL OF THE SENATE

H.B. 1001 (one thousand one) was read by title the third time.

Senator Favola offered the following amendment:

1. Line 11, engrossed, after designee strike shall insert may

On motion of Senator Favola, the reading of the amendment was waived.

Senator Favola moved that the amendment be agreed to.

The question was put on agreeing to the amendment.

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

The recorded vote is as follows: YEAS--19. NAYS--21. RULE 36--0.

YEAS--Barker, Colgan, Deeds, Ebbin, Edwards, Favola, Herring, Howell, Locke, Marsden, Marsh, McEachin, Miller, J.C., Miller, Y.B., Northam, Petersen, Puckett, Puller, Saslaw--19. NAYS--Black, Blevins, Carrico, Garrett, Hanger, Lucas, Martin, McDougle, McWaters, Newman, Norment, Obenshain, Reeves, Ruff, Smith, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins--21. RULE 36--0.

The amendment was rejected.

Senator Norment moved that H.B. 1001 be passed with its title.

The question was put on passing H.B. 1001 with its title.

H.B. 1001 was defeated with its title.

The recorded vote is as follows: YEAS--18. NAYS--22. RULE 36--0.

YEAS--Black, Blevins, Carrico, Garrett, Hanger, Martin, McDougle, McWaters, Newman, Norment, Obenshain, Reeves, Ruff, Smith, Stanley, Stuart, Vogel, Wagner--18. NAYS--Barker, Colgan, Deeds, Ebbin, Edwards, Favola, Herring, Howell, Locke, Lucas, Marsden, Marsh, McEachin, Miller, J.C., Miller, Y.B., Northam, Petersen, Puckett, Puller, Saslaw, Stosch, Watkins--22. RULE 36--0.

H.B. 263 (two hundred sixty-three) was read by title the third time and, on motion of Senator Ruff, was passed with its title. JOURNAL OF THE SENATE -1267- Thursday, March 1, 2012

The recorded vote is as follows: YEAS--36. NAYS--3. RULE 36--0.

YEAS--Barker, Blevins, Carrico, Colgan, Deeds, Edwards, Favola, Garrett, Hanger, Herring, Howell, Locke, Lucas, Marsden, Marsh, Martin, McDougle, McEachin, McWaters, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Reeves, Ruff, Saslaw, Smith, Stanley, Stuart, Vogel, Wagner, Watkins--36. NAYS--Black, Ebbin, Puller--3. RULE 36--0.

H.B. 624 (six hundred twenty-four) was read by title the third time.

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

A BILL to amend and reenact §§ 9.1-902 and 9.1-913 of the Code of Virginia, relating to sex offender registry; juvenile registration; penalty.

The reading of the substitute was waived.

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

The substitute was ordered to be engrossed.

H.B. 624, on motion of Senator Norment, was passed with its title.

The recorded vote is as follows: YEAS--34. NAYS--6. RULE 36--0.

YEAS--Barker, Black, Blevins, Carrico, Colgan, Deeds, Favola, Garrett, Hanger, Herring, Howell, Marsh, Martin, McDougle, McEachin, McWaters, Miller, J.C., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Reeves, Ruff, Saslaw, Smith, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins--34. NAYS--Ebbin, Edwards, Locke, Lucas, Marsden, Miller, Y.B.--6. RULE 36--0.

H.B. 718 (seven hundred eighteen) was read by title the third time.

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

A BILL to amend and reenact § 16.1-269.1 of the Code of Virginia, relating to transfer and trial as adults of juveniles charged with certain offenses.

The reading of the substitute was waived.

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

The following amendments proposed by the Committee on Finance to the substitute were offered:

1. Line 68, substitute, after § 18.2-248 Thursday, March 1, 2012 -1268- JOURNAL OF THE SENATE

insert provided the adjudication occurred after the juvenile was at least 14 years of age

2. Line 71, substitute, after § 18.2-248.03 insert provided the adjudication occurred after the juvenile was at least 14 years of age

3. Line 74, substitute, after § 18.2-248.5 insert provided the adjudication occurred after the juvenile was at least 14 years of age

The reading of the amendments was waived.

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

The substitute with amendments was ordered to be engrossed.

H.B. 718, on motion of Senator Norment, was passed with its title.

The recorded vote is as follows: YEAS--26. NAYS--14. RULE 36--0.

YEAS--Barker, Black, Blevins, Carrico, Colgan, Garrett, Hanger, Martin, McDougle, McWaters, Miller, J.C., Newman, Norment, Northam, Obenshain, Puckett, Reeves, Ruff, Saslaw, Smith, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins--26. NAYS--Deeds, Ebbin, Edwards, Favola, Herring, Howell, Locke, Lucas, Marsden, Marsh, McEachin, Miller, Y.B., Petersen, Puller--14. RULE 36--0.

H.B. 968 (nine hundred sixty-eight) was read by title the third time.

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

A BILL to amend and reenact § 18.2-248 of the Code of Virginia, relating to penalty for repeat drug trafficking offenses.

The reading of the substitute was waived.

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

The substitute was ordered to be engrossed.

H.B. 968, on motion of Senator Norment, was passed with its title. JOURNAL OF THE SENATE -1269- Thursday, March 1, 2012

The recorded vote is as follows: YEAS--36. NAYS--3. RULE 36--0.

YEAS--Barker, Black, Blevins, Carrico, Colgan, Deeds, Ebbin, Favola, Garrett, Hanger, Herring, Howell, Locke, Lucas, McDougle, McEachin, McWaters, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Reeves, Ruff, Saslaw, Smith, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins--36. NAYS--Edwards, Marsden, Marsh--3. RULE 36--0.

H.B. 973 (nine hundred seventy-three) was read by title the third time.

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

A BILL to amend and reenact §§ 18.2-61, 18.2-67.1, 18.2-67.2 and 18.2-67.5:3 of the Code of Virginia, relating to penalties for certain sex crimes.

The reading of the substitute was waived.

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

The substitute was ordered to be engrossed.

H.B. 973, on motion of Senator Norment, was passed with its title.

The recorded vote is as follows: YEAS--31. NAYS--9. RULE 36--0.

YEAS--Barker, Black, Blevins, Carrico, Colgan, Ebbin, Garrett, Hanger, Herring, Howell, Martin, McDougle, McEachin, McWaters, Miller, J.C., Newman, Norment, Northam, Obenshain, Puckett, Puller, Reeves, Ruff, Saslaw, Smith, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins--31. NAYS--Deeds, Edwards, Favola, Locke, Lucas, Marsden, Marsh, Miller, Y.B., Petersen--9. RULE 36--0.

H.B. 1016 (one thousand sixteen) was read by title the third time.

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

1. Line 31, engrossed, at the beginning of the line strike all of line 31

The reading of the amendment was waived.

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

The amendment was ordered to be engrossed.

H.B. 1016, on motion of Senator Ruff, was passed with its title. Thursday, March 1, 2012 -1270- JOURNAL OF THE SENATE

The recorded vote is as follows: YEAS--35. NAYS--5. RULE 36--0.

YEAS--Barker, Blevins, Carrico, Colgan, Deeds, Ebbin, Edwards, Favola, Hanger, Herring, Howell, Locke, Lucas, Marsden, Marsh, McDougle, McEachin, McWaters, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Petersen, Puckett, Puller, Reeves, Ruff, Saslaw, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins--35. NAYS--Black, Garrett, Martin, Obenshain, Smith--5. RULE 36--0.

H.B. 1291 (one thousand two hundred ninety-one) was read by title the third 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 and reenact §§ 2.2-203, 2.2-203.2:1, 2.2-212, 2.2-214, 2.2-215, 2.2-221, 2.2-230, 2.2-435.8, 2.2-517, 2.2-712, 2.2-1111, 2.2-1117, 2.2-1118, 2.2-1122, 2.2-1137, 2.2-1201, 2.2-1204, 2.2-1507, 2.2-2001, 2.2-2001.1, 2.2-2004, 2.2-2006, 2.2-2012, 2.2-2101, as it is currently effective and as it shall become effective, 2.2-2411, 2.2-2528, 2.2-2626, 2.2-2627, 2.2-2664, 2.2-2666.3, 2.2-2674.01, 2.2-2676, 2.2-2677, 2.2-2696, 2.2-3000, 2.2-3003 through 2.2-3005.1, 2.2-3401, 2.2-3402, 2.2-3501, 2.2-3705.2, 2.2-3705.3, 2.2-3705.5, 2.2-3711, 2.2-3902, 2.2-4002, 2.2-4006, 2.2-4024, 2.2-4117, 2.2-4118, 2.2-4343, 2.2-4344, as it is currently effective and as it shall become effective, 2.2-4345, 2.2-5300, 2.2-5510, 3.2-102, 3.2-109, 3.2-111, 3.2-114, 3.2-1100, 3.2-1102, 3.2-1800, 3.2-1802 through 3.2-1808, 3.2-1810, 3.2-1812, 3.2-1813, 3.2-1815, 3.2-2400 through 3.2-2410, 3.2-6588, 4.1-207.1, 4.1-223, 8.01-44.3, 8.01-66.9, 8.01-384.1, 8.01-418.2, 8.01-581.23, 9.1-102, 9.1-108, 10.1-104, 10.1-107, 10.1-400, 10.1-603.2, 10.1-603.2:1, 10.1-603.2:2, 10.1-603.4, 10.1-603.8:1, 10.1-603.12, 10.1-603.12:1, 10.1-603.14, 10.1-1102, 10.1-1103, 10.1-1183, 10.1-1186, 15.2-738, 15.2-1507, 15.2-1535, 15.2-1604, 15.2-1805, 15.2-2159, 15.2-2232, 16.1-287, 16.1-293, 19.2-164.1, 19.2-389, 22.1-17.1, 22.1-19, 22.1-209.1:2, 22.1-214, 22.1-217, 22.1-217.01, 22.1-253.13:5, 22.1-289, 22.1-346.2, 23-9.9:01, 23-50.16:24, 30-34.2:1, 30-182, 30-193, 30-198, 30-326, 32.1-23.1, 32.1-45.1, 32.1-64.1, 32.1-89, 32.1-102.1, 32.1-116.1, 32.1-127.1:04, 32.1-283.5, 32.1-330.3, 37.2-304, 37.2-312.1, 37.2-504, 37.2-505, 37.2-605, 37.2-802, 37.2-1000, 37.2-1010, 37.2-1015, 40.1-51.4:4, 44-123.3, 45.1-161.292:2, 45.1-161.292:11, 45.1-161.292:19 through 45.1-161.292:22, 45.1-161.292:24 through 45.1-161.292:29, 45.1-161.292:71, 45.1-186.1, 45.1-194, 46.2-221, 46.2-411, 46.2-649.1, 46.2-1217, 51.1-124.3, 51.1-124.22, 51.1-124.27, 51.1-1101, 51.5-1, 51.5-2, 51.5-5.01, 51.5-9, 51.5-31, 51.5-33, 51.5-39.2, 51.5-39.7, 51.5-39.10, 51.5-41, 51.5-44, 53.1-5, 53.1-10, 53.1-32, 53.1-32.1, 53.1-41, 53.1-63.1, 54.1-300, 54.1-500, 54.1-500.1, 54.1-501, 54.1-516, 54.1-700, 54.1-701, 54.1-703, 54.1-704.1, 54.1-704.2, 54.1-705, 54.1-706, 54.1-1500, 54.1-2200, as it is currently effective and as it shall become effective, 54.1-3005, 54.1-3408, 57-60, 58.1-344.3, 58.1-439.11, 58.1-609.1, 58.1-662, 58.1-2259, 58.1-3703, 58.1-3840, 59.1-198, 59.1-203, 59.1-207.3, 59.1-207.34, 59.1-207.39, 59.1-207.44, 59.1-429, 59.1-432, 59.1-473, 62.1-44.5, 62.1-229.4, 63.2-100, 63.2-215, 63.2-313, 63.2-315, 63.2-401, 63.2-405, 63.2-1600, 63.2-1601, 63.2-1602, 63.2-1605, 63.2-1606, 63.2-1700, 63.2-1706, 63.2-1734, 63.2-1810, 63.2-2100, 63.2-2102, 66-3, 66-10, 66-13, 66-25.1, as it is currently effective and as it shall become effective, 66-25.1:2, and 66-25.4 of the Code of Virginia; to amend the Code of Virginia by adding in Article 2 of Chapter 2 of Title 2.2 a section numbered 2.2-203.2:2, by adding in Chapter 5 of Title 2.2 an article numbered 4, consisting of sections numbered 2.2-520 through 2.2-524, by adding sections numbered 2.2-1202.1 and 2.2-1501.1, by adding in Chapter 24 of Title 2.2 an article numbered 23, consisting of sections numbered 2.2-2465 through 2.2-2469, by adding in Article 9 of Chapter 26 of Title 2.2 a section numbered 2.2-2627.1, by adding in Chapter 39 of Title 2.2 a section numbered 2.2-3903, by adding in Chapter 18 of Title 3.2 an article numbered 3, consisting of sections numbered 3.2-1816 through 3.2-1822, by adding sections JOURNAL OF THE SENATE -1271- Thursday, March 1, 2012

numbered 3.2-2407.1 and 4.1-103.02, by adding in Chapter 2 of Title 22.1 a section numbered 22.1-20.1, by adding in Chapter 1 of Title 46.2 a section numbered 46.2-116, by adding in Chapter 9 of Title 51.5 a section numbered 51.5-39.13, by adding in Title 51.5 a chapter numbered 14, containing articles numbered 1 through 12, consisting of sections numbered 51.5-116 through 51.5-181, by adding sections numbered 54.1-1500.1 and 54.1-1500.2, by adding in Chapter 15 of Title 54.1 an article numbered 3, consisting of sections numbered 54.1-1506 through 54.1-1509, by adding sections numbered 54.1-2200.1 and 54.1-2200.2, by adding in Chapter 22 of Title 54.1 an article numbered 3, consisting of sections numbered 54.1-2208.1 through 54.1-2208.4, and by adding a section numbered 66-13.1; and to repeal § 2.2-118, Chapter 7 (§§ 2.2-700 through 2.2-720), Chapter 10 (§§ 2.2-1000 and 2.2-1001), Article 9 (§§ 2.2-2328 through 2.2-2335) of Chapter 22, Articles 6 (§§ 2.2-2411 and 2.2-2412), 7 (§§ 2.2-2413 and 2.2-2414), 12 (§§ 2.2-2426 through 2.2-2433), and 13 (§ 2.2-2434) of Chapter 24, Articles 8 (§§ 2.2-2620 through 2.2-2625), 9 (§§ 2.2-2626 and 2.2-2627), 10 (§§ 2.2-2628 through 2.2-2629.2), 12 (§§ 2.2-2632 through 2.2-2639), and 26 (§§ 2.2-2675 through 2.2-2678) of Chapter 26, Articles 2 (§§ 2.2-2705 through 2.2-2708.1) and 4 (§ 2.2-2711) of Chapter 27, and § 2.2-4118 of Title 2.2, Chapter 25 (§§ 3.2-2500 through 3.2-2510), §§ 3.2-3901, 3.2-3902, 3.2-3903, and 3.2-3905, and Chapter 41 (§§ 3.2-4100 through 3.2-4111) of Title 3.2, Article 4 (§§ 10.1-217.1 through 10.1-217.6) of Chapter 2, §§ 10.1-406, 10.1-603.14:1, 10.1-1172, Chapter 18 (§§ 22.1-339 through 22.1-345.1) of Title 22.1, §§ 45.1-161.292:15, 45.1-161.292:16, 45.1-161.292:18, 45.1-161.292:23, 45.1-195, and 45.1-196, § 46.2-224 and Chapter 28 (§§ 46.2-2800 through 46.2-2828) of Title 46.2, § 51.5-2 and Chapters 2 (§§ 51.5-3 through 51.5-5.01), 3 (§§ 51.5-8 through 51.5-10.1), 3.1 (§§ 51.5-12.1 through 51.5-12.4), 4 (§§ 51.5-13 through 51.5-14.1), 5 (§§ 51.5-15 through 51.5-22), and 6 (§§ 51.5-23 through 51.5-30) of Title 51.5, Article 3 (§§ 54.1-517.3, 54.1-517.4, and 54.1-517.5) of Chapter 5, § 54.1-703.2, Chapter 14 (§§ 54.1-1400 through 54.1-1405), §§ 54.1-1502 and 54.1-1503, Chapter 17 (§§ 54.1-1700 through 54.1-1706), and § 54.1-2202, as it is currently effective and as it shall become effective, of Title 54.1, §§ 63.2-800, 63.2-1528, 63.2-1602.1, 63.2-1604, and 63.2-1735 of the Code of Virginia and the second enactment of Chapter 551 of the Acts of Assembly of 2011, relating to the Governor’s reorganization of the executive branch of state government; elimination of the Commonwealth Competition Council, the Interagency Dispute Resolution Council, the Virginia Public Buildings Board, the Virginia Council on Human Resources, the Small Business Advisory Board, the Board of Surface Mining Review, the Board of Mineral Mining Examiners, the Virginia National Defense Industrial Authority, the Virginia Public Broadcasting Board, the Hemophilia Advisory Board, the Boating Advisory Committee, the Council on Indians, the Foundation for Virginia’s Natural Resources, the Board of Correctional Education, the Virginia Juvenile Enterprise Committee, the Board of Transportation Safety, and the Board of Towing and Recovery Operators; consolidation of the Department of Employment Dispute Resolution into the Department of Human Resource Management, the Human Rights Council and the Office of Consumer Affairs of the Department of Agriculture and Consumer Services into the Office of the Attorney General, the Reforestation of Timberlands Board into the Board of Forestry, the Seed Potato Board and the Potato Board, the Bright Flue-Cured Tobacco Board and the Dark-Fired Tobacco Board, the Pesticide Control Board into the Board of Agriculture and Consumer Services, the Board for Opticians and the Board for Hearing Aid Specialists, the Board for Geology and the Board for Professional Soil Scientists and Wetland Professionals, the Department for Aging, the Department of Rehabilitative Services, and adult services and adult protective services of the Department of Social Services into the Department for Aging and Rehabilitative Services, the Advisory Board on Child Abuse and Neglect into the Family and Children’s Trust Fund, the Child Day-Care Council into the Board of Social Services, the Chippokes Plantation Farm Foundation and Board of Trustees and the Scenic River Board into the Board of Conservation and Recreation, the Department of Correctional Education into the Departments of Corrections and Juvenile Justice, and the Virginia War Memorial Foundation becomes the Virginia War Memorial Board under the Department of Veterans Services; deregulation of the professions of hair braiding and mold inspectors and mold remediators; transfer of certain powers and duties from the Department of Environmental Quality to the Department of Thursday, March 1, 2012 -1272- JOURNAL OF THE SENATE

Conservation and Recreation concerning environmental education, from the Virginia Soil and Water Conservation Board to the State Water Control Board concerning municipal separate storm sewer system (MS4) permitting, and from the Governor’s Office of Substance Abuse Prevention to the Department of Alcoholic Beverage Control concerning substance abuse prevention.

The reading of the substitute was waived.

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

The substitute was ordered to be engrossed.

H.B. 1291, on motion of Senator Ruff, was passed with its title.

The recorded vote is as follows: YEAS--23. NAYS--16. RULE 36--0.

YEAS--Barker, Black, Blevins, Carrico, Colgan, Garrett, Hanger, Marsden, Martin, McDougle, McWaters, Newman, Northam, Obenshain, Petersen, Reeves, Ruff, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins--23. NAYS--Deeds, Ebbin, Edwards, Favola, Herring, Howell, Locke, Lucas, Marsh, McEachin, Miller, J.C., Miller, Y.B., Puckett, Puller, Saslaw, Smith--16. RULE 36--0.

H.B. 418 (four hundred eighteen) was taken up and, on motion of Senator Ruff, was passed by for the day.

RECONSIDERATION

Senator Watkins moved to reconsider the vote by which H.B. 1001 (one thousand one) was defeated with its title.

The motion was agreed to.

The recorded vote is as follows: YEAS--39. NAYS--1. RULE 36--0.

YEAS--Barker, Black, Blevins, Carrico, Colgan, Deeds, Ebbin, Edwards, Favola, Garrett, Hanger, Herring, Howell, Locke, Lucas, Marsden, Marsh, Martin, McDougle, McEachin, McWaters, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Reeves, Ruff, Smith, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins--39. NAYS--Saslaw--1. RULE 36--0.

H.B. 1001, on motion of Senator Watkins, was passed by for the day.

RECONSIDERATION

Senator Watkins moved to reconsider the vote by which H.B. 1130 (one thousand one hundred thirty) was passed with its title.

The motion was agreed to. JOURNAL OF THE SENATE -1273- Thursday, March 1, 2012

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

YEAS--Barker, Black, Blevins, Carrico, Colgan, Deeds, Ebbin, Edwards, Favola, Garrett, Hanger, Herring, Howell, Locke, Lucas, Marsden, Marsh, Martin, McDougle, McEachin, McWaters, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Reeves, Ruff, Saslaw, Smith, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins--40. NAYS--0. RULE 36--0.

H.B. 1130, on motion of Senator Watkins, was passed with its title.

The recorded vote is as follows: YEAS--36. NAYS--4. RULE 36--0.

YEAS--Barker, Black, Blevins, Colgan, Ebbin, Favola, Garrett, Hanger, Herring, Howell, Locke, Lucas, Marsden, Martin, McDougle, McEachin, McWaters, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Reeves, Ruff, Saslaw, Smith, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins--36. NAYS--Carrico, Deeds, Edwards, Marsh--4. RULE 36--0.

RECONSIDERATION

Senator Norment moved to reconsider the vote by which H.B. 624 (six hundred twenty-four) was passed with its title.

The motion was agreed to.

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

YEAS--Barker, Black, Blevins, Carrico, Colgan, Deeds, Ebbin, Edwards, Favola, Garrett, Hanger, Herring, Howell, Locke, Lucas, Marsden, Marsh, Martin, McDougle, McEachin, McWaters, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Reeves, Ruff, Saslaw, Smith, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins--40. NAYS--0. RULE 36--0.

H.B. 624, on motion of Senator Norment, was passed with its title.

The recorded vote is as follows: YEAS--25. NAYS--15. RULE 36--0.

YEAS--Black, Blevins, Carrico, Deeds, Garrett, Hanger, Martin, McDougle, McWaters, Miller, J.C., Newman, Norment, Northam, Obenshain, Puckett, Reeves, Ruff, Saslaw, Smith, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins--25. NAYS--Barker, Colgan, Ebbin, Edwards, Favola, Herring, Howell, Locke, Lucas, Marsden, Marsh, McEachin, Miller, Y.B., Petersen, Puller--15. RULE 36--0. Thursday, March 1, 2012 -1274- JOURNAL OF THE SENATE

RECONSIDERATION

Senator Colgan moved to reconsider the vote by which H.B. 718 (seven hundred eighteen) was passed with its title.

The motion was agreed to.

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

YEAS--Barker, Black, Blevins, Carrico, Colgan, Deeds, Ebbin, Edwards, Favola, Garrett, Hanger, Herring, Howell, Locke, Lucas, Marsden, Marsh, Martin, McDougle, McEachin, McWaters, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Reeves, Ruff, Saslaw, Smith, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins--40. NAYS--0. RULE 36--0.

H.B. 718, on motion of Senator Norment, was passed with its title.

The recorded vote is as follows: YEAS--26. NAYS--14. RULE 36--0.

YEAS--Barker, Black, Blevins, Carrico, Garrett, Hanger, Martin, McDougle, McWaters, Miller, J.C., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Reeves, Ruff, Saslaw, Smith, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins--26. NAYS--Colgan, Deeds, Ebbin, Edwards, Favola, Herring, Howell, Locke, Lucas, Marsden, Marsh, McEachin, Miller, Y.B., Puller--14. RULE 36--0.

HOUSE BILLS ON SECOND READING

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

H.B. 120 (one hundred twenty). H.B. 190 (one hundred ninety). H.B. 199 (one hundred ninety-nine). H.B. 561 (five hundred sixty-one). H.B. 571 (five hundred seventy-one). H.B. 625 (six hundred twenty-five). H.B. 632 (six hundred thirty-two). H.B. 736 (seven hundred thirty-six). H.B. 745 (seven hundred forty-five). H.B. 757 (seven hundred fifty-seven). H.B. 771 (seven hundred seventy-one). H.B. 830 (eight hundred thirty). H.B. 840 (eight hundred forty). H.B. 847 (eight hundred forty-seven). JOURNAL OF THE SENATE -1275- Thursday, March 1, 2012

H.B. 848 (eight hundred forty-eight). H.B. 881 (eight hundred eighty-one). H.B. 910 (nine hundred ten). H.B. 919 (nine hundred nineteen). H.B. 969 (nine hundred sixty-nine). H.B. 978 (nine hundred seventy-eight). H.B. 1007 (one thousand seven). H.B. 1019 (one thousand nineteen). H.B. 1021 (one thousand twenty-one). H.B. 1059 (one thousand fifty-nine). H.B. 1068 (one thousand sixty-eight). H.B. 1073 (one thousand seventy-three). H.B. 1076 (one thousand seventy-six). H.B. 1117 (one thousand one hundred seventeen). H.B. 1124 (one thousand one hundred twenty-four). H.B. 1127 (one thousand one hundred twenty-seven). H.B. 1128 (one thousand one hundred twenty-eight). H.B. 1146 (one thousand one hundred forty-six). H.B. 1151 (one thousand one hundred fifty-one). H.B. 1205 (one thousand two hundred five). H.B. 1216 (one thousand two hundred sixteen). H.B. 1243 (one thousand two hundred forty-three). H.B. 1245 (one thousand two hundred forty-five). H.B. 1251 (one thousand two hundred fifty-one). H.B. 1253 (one thousand two hundred fifty-three). H.B. 1286 (one thousand two hundred eighty-six). H.B. 1287 (one thousand two hundred eighty-seven). H.B. 1288 (one thousand two hundred eighty-eight). H.B. 1294 (one thousand two hundred ninety-four). H.B. 57 (fifty-seven). H.B. 197 (one hundred ninety-seven). H.B. 259 (two hundred fifty-nine). H.B. 417 (four hundred seventeen). H.B. 430 (four hundred thirty). H.B. 492 (four hundred ninety-two). H.B. 493 (four hundred ninety-three). H.B. 567 (five hundred sixty-seven). H.B. 869 (eight hundred sixty-nine). H.B. 878 (eight hundred seventy-eight). H.B. 1118 (one thousand one hundred eighteen). H.B. 1137 (one thousand one hundred thirty-seven). H.B. 1169 (one thousand one hundred sixty-nine). H.B. 1228 (one thousand two hundred twenty-eight). H.B. 1269 (one thousand two hundred sixty-nine). H.B. 1273 (one thousand two hundred seventy-three).

The motion was agreed to. Thursday, March 1, 2012 -1276- JOURNAL OF THE SENATE

The recorded vote is as follows: YEAS--39. NAYS--0. RULE 36--0.

YEAS--Black, Blevins, Carrico, Colgan, Deeds, Ebbin, Edwards, Favola, Garrett, Hanger, Herring, Howell, Locke, Lucas, Marsden, Marsh, Martin, McDougle, McEachin, McWaters, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Reeves, Ruff, Saslaw, Smith, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins--39. NAYS--0. RULE 36--0.

On motion of Senator Norment, the following House bills were passed by for the day:

H.B. 120 (one hundred twenty). H.B. 190 (one hundred ninety). H.B. 199 (one hundred ninety-nine). H.B. 561 (five hundred sixty-one). H.B. 571 (five hundred seventy-one). H.B. 625 (six hundred twenty-five). H.B. 632 (six hundred thirty-two). H.B. 736 (seven hundred thirty-six). H.B. 745 (seven hundred forty-five). H.B. 757 (seven hundred fifty-seven). H.B. 771 (seven hundred seventy-one). H.B. 830 (eight hundred thirty). H.B. 840 (eight hundred forty). H.B. 847 (eight hundred forty-seven). H.B. 848 (eight hundred forty-eight). H.B. 881 (eight hundred eighty-one). H.B. 910 (nine hundred ten). H.B. 919 (nine hundred nineteen). H.B. 969 (nine hundred sixty-nine). H.B. 978 (nine hundred seventy-eight). H.B. 1007 (one thousand seven). H.B. 1019 (one thousand nineteen). H.B. 1021 (one thousand twenty-one). H.B. 1059 (one thousand fifty-nine). H.B. 1068 (one thousand sixty-eight). H.B. 1073 (one thousand seventy-three). H.B. 1076 (one thousand seventy-six). H.B. 1117 (one thousand one hundred seventeen). H.B. 1124 (one thousand one hundred twenty-four). H.B. 1127 (one thousand one hundred twenty-seven). H.B. 1128 (one thousand one hundred twenty-eight). H.B. 1146 (one thousand one hundred forty-six). H.B. 1151 (one thousand one hundred fifty-one). H.B. 1205 (one thousand two hundred five). H.B. 1216 (one thousand two hundred sixteen). H.B. 1243 (one thousand two hundred forty-three). H.B. 1245 (one thousand two hundred forty-five). H.B. 1251 (one thousand two hundred fifty-one). H.B. 1253 (one thousand two hundred fifty-three). H.B. 1286 (one thousand two hundred eighty-six). JOURNAL OF THE SENATE -1277- Thursday, March 1, 2012

H.B. 1287 (one thousand two hundred eighty-seven). H.B. 1288 (one thousand two hundred eighty-eight). H.B. 1294 (one thousand two hundred ninety-four). H.B. 57 (fifty-seven). H.B. 197 (one hundred ninety-seven). H.B. 259 (two hundred fifty-nine). H.B. 417 (four hundred seventeen). H.B. 430 (four hundred thirty). H.B. 492 (four hundred ninety-two). H.B. 493 (four hundred ninety-three). H.B. 567 (five hundred sixty-seven). H.B. 869 (eight hundred sixty-nine). H.B. 878 (eight hundred seventy-eight). H.B. 1118 (one thousand one hundred eighteen). H.B. 1137 (one thousand one hundred thirty-seven). H.B. 1169 (one thousand one hundred sixty-nine). H.B. 1228 (one thousand two hundred twenty-eight). H.B. 1269 (one thousand two hundred sixty-nine). H.B. 1273 (one thousand two hundred seventy-three).

SENATE BILL ON SECOND READING

S.B. 685 (six hundred eighty-five) was read by title the second time.

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

A BILL to amend the Code of Virginia by adding a section numbered 19.2-56.2, relating to application for and issuance of search warrant for a tracking device; installation and use; penalty; emergency.

The reading of the substitute was waived.

Senator Reeves moved that the substitute be rejected.

The question was put on agreeing to the substitute.

The substitute was rejected.

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

A BILL to amend the Code of Virginia by adding a section numbered 19.2-56.2, relating to application for and issuance of search warrant for a tracking device; installation and use; penalty; emergency.

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

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

On motion of Senator Reeves, the bill was ordered to be engrossed and read by title the third time. Thursday, March 1, 2012 -1278- JOURNAL OF THE SENATE

HOUSE JOINT RESOLUTION ON SECOND READING

H.J.R. 138 (one hundred thirty-eight) was read by title the second time.

SENATE JOINT RESOLUTION ON FIRST READING

S.J.R. 201 (two hundred one) was read by title the first time.

MEMORIAL RESOLUTIONS

On motion of Senator Norment, the questions on agreeing to the House joint resolutions that follow were considered en bloc.

On motion of Senator Norment, the following House joint resolutions were taken up and agreed to en bloc by a unanimous standing vote:

H.J.R. 391 (three hundred ninety-one). H.J.R. 392 (three hundred ninety-two). H.J.R. 393 (three hundred ninety-three). H.J.R. 394 (three hundred ninety-four). H.J.R. 395 (three hundred ninety-five). H.J.R. 406 (four hundred six). H.J.R. 407 (four hundred seven). H.J.R. 408 (four hundred eight). H.J.R. 414 (four hundred fourteen). H.J.R. 423 (four hundred twenty-three). H.J.R. 451 (four hundred fifty-one).

H.J.R. 424 (four hundred twenty-four) was taken up, as follows:

HOUSE JOINT RESOLUTION NO. 424

Celebrating the life of the Honorable Richard Harding Poff.

WHEREAS, the Honorable Richard Harding Poff, who represented Virginia’s Sixth Congressional District for 10 terms before his appointment to the Supreme Court of Virginia, died on June 27, 2011; and

WHEREAS, a native of Radford, Richard Poff attended Christiansburg public schools and before joining millions of others of his generation in the war effort as the United States entered World War II; and

WHEREAS, a bomber pilot in the Air Force, Richard Poff successfully flew 35 missions over Europe and received numerous military decorations for his bravery and skill, including the Distinguished Flying Cross; and

WHEREAS, following the conclusion of the war, Richard Poff returned to the Commonwealth, received a law degree from the , and began his distinguished career in private practice in Radford; and

WHEREAS, while in his late twenties, Richard Poff joined the Eighty-third United States Congress as the Commonwealth’s Sixth Congressional District representative, winning reelection nine times and serving until 1972; and JOURNAL OF THE SENATE -1279- Thursday, March 1, 2012

WHEREAS, during his years of dedicated and conscientious service to his constituents, Richard Poff became an influential member of the House Judiciary Committee and proved to be a champion of tough anticrime legislation, in addition to playing a key role in the drafting and passage of numerous other legislative initiatives; and

WHEREAS, in 1972 Governor A. , Jr., appointed Richard Poff to the Supreme Court of Virginia, a position he held until his retirement in 1988; he continued as a senior justice until 2002; and

WHEREAS, respected for his knowledge of the law, Justice Poff rendered decisions on a variety of matters during his tenure on the Supreme Court of Virginia and made numerous contributions to the Commonwealth’s judicial system; and

WHEREAS, a tireless public servant and man of great integrity, Justice Poff devoted countless hours to his fellow Virginians and countrymen over the course of his life, resulting in a wide body of legislative work and judicial decisions; and

WHEREAS, predeceased by his first and second wives, Richard Poff will be fondly remembered and greatly missed by his children and their families; his colleagues on both sides of the aisle; and his many supporters and admirers; now, therefore, be it

RESOLVED by the House of Delegates, the Senate concurring, That the General Assembly hereby note with great sadness the loss of an esteemed jurist and lawmaker, the Honorable Richard Harding Poff; 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 the Honorable Richard Harding Poff as an expression of the General Assembly’s respect for his memory and service to the Commonwealth and the nation.

H.J.R. 424, on motion of Senator Smith, was agreed to by a unanimous standing vote.

On motion of Senator Norment, the questions on agreeing to the Senate joint resolutions that follow were considered en bloc.

On motion of Senator Norment, 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. 193 (one hundred ninety-three). S.J.R. 196 (one hundred ninety-six). S.J.R. 197 (one hundred ninety-seven). S.J.R. 198 (one hundred ninety-eight). S.J.R. 202 (two hundred two). S.J.R. 204 (two hundred four).

COMMENDING RESOLUTIONS

On motion of Senator Norment, the questions on agreeing to the House joint resolutions that follow were considered en bloc.

On motion of Senator Norment, the following House joint resolutions were taken up and agreed to en bloc: Thursday, March 1, 2012 -1280- JOURNAL OF THE SENATE

H.J.R. 396 (three hundred ninety-six). H.J.R. 397 (three hundred ninety-seven). H.J.R. 398 (three hundred ninety-eight). H.J.R. 399 (three hundred ninety-nine). H.J.R. 400 (four hundred). H.J.R. 401 (four hundred one). H.J.R. 402 (four hundred two). H.J.R. 403 (four hundred three). H.J.R. 404 (four hundred four). H.J.R. 405 (four hundred five). H.J.R. 409 (four hundred nine). H.J.R. 410 (four hundred ten). H.J.R. 411 (four hundred eleven). H.J.R. 412 (four hundred twelve). H.J.R. 413 (four hundred thirteen). H.J.R. 415 (four hundred fifteen). H.J.R. 416 (four hundred sixteen). H.J.R. 417 (four hundred seventeen). H.J.R. 418 (four hundred eighteen). H.J.R. 419 (four hundred nineteen). H.J.R. 420 (four hundred twenty). H.J.R. 422 (four hundred twenty-two). H.J.R. 425 (four hundred twenty-five). H.J.R. 426 (four hundred twenty-six). H.J.R. 427 (four hundred twenty-seven). H.J.R. 428 (four hundred twenty-eight). H.J.R. 429 (four hundred twenty-nine). H.J.R. 450 (four hundred fifty).

H.J.R. 421 (four hundred twenty-one), on motion of Senator Petersen, was agreed to.

On motion of Senator Norment, the questions on agreeing to the Senate joint resolutions that follow were considered en bloc.

On motion of Senator Norment, the following Senate joint resolutions were taken up, ordered to be engrossed, and agreed to en bloc:

S.J.R. 194 (one hundred ninety-four). S.J.R. 195 (one hundred ninety-five). S.J.R. 199 (one hundred ninety-nine). S.J.R. 200 (two hundred). S.J.R. 203 (two hundred three). S.J.R. 205 (two hundred five).

HOUSE BILLS ON THIRD READING RECONSIDERATION

Senator Black moved to reconsider the vote by which H.B. 1291 (one thousand two hundred ninety-one) was passed with its title.

The motion was agreed to. JOURNAL OF THE SENATE -1281- Thursday, March 1, 2012

The recorded vote is as follows: YEAS--39. NAYS--0. RULE 36--0.

YEAS--Barker, Black, Blevins, Carrico, Colgan, Deeds, Ebbin, Edwards, Favola, Garrett, Hanger, Herring, Howell, Locke, Lucas, Marsden, Marsh, Martin, McDougle, McEachin, McWaters, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Reeves, Ruff, Saslaw, Smith, Stanley, Stosch, Stuart, Vogel, Watkins--39. NAYS--0. RULE 36--0.

H.B. 1291, on motion of Senator Ruff, was passed with its title.

The recorded vote is as follows: YEAS--25. NAYS--14. RULE 36--0.

YEAS--Barker, Black, Blevins, Carrico, Colgan, Garrett, Hanger, Marsden, Marsh, Martin, McDougle, McWaters, Newman, Norment, Northam, Obenshain, Petersen, Reeves, Ruff, Smith, Stanley, Stosch, Stuart, Vogel, Watkins--25. NAYS--Deeds, Ebbin, Edwards, Favola, Herring, Howell, Locke, Lucas, McEachin, Miller, J.C., Miller, Y.B., Puckett, Puller, Saslaw--14. RULE 36--0.

RECONSIDERATION

Senator Norment moved to reconsider the vote by which the following House bills were passed en bloc with their titles:

H.B. 853 (eight hundred fifty-three) with amendment. H.B. 52 (fifty-two). H.B. 137 (one hundred thirty-seven). H.B. 206 (two hundred six) with substitute. H.B. 211 (two hundred eleven). H.B. 233 (two hundred thirty-three) with substitute. H.B. 234 (two hundred thirty-four) with substitute. H.B. 271 (two hundred seventy-one). H.B. 313 (three hundred thirteen). H.B. 316 (three hundred sixteen) with substitute. H.B. 324 (three hundred twenty-four). H.B. 350 (three hundred fifty) with amendment. H.B. 377 (three hundred seventy-seven). H.B. 438 (four hundred thirty-eight). H.B. 460 (four hundred sixty) with substitute. H.B. 480 (four hundred eighty). H.B. 481 (four hundred eighty-one) with substitute. H.B. 508 (five hundred eight). H.B. 536 (five hundred thirty-six). H.B. 546 (five hundred forty-six). H.B. 737 (seven hundred thirty-seven) with amendment. H.B. 738 (seven hundred thirty-eight). H.B. 752 (seven hundred fifty-two) with substitute. H.B. 764 (seven hundred sixty-four). H.B. 767 (seven hundred sixty-seven) with substitute. Thursday, March 1, 2012 -1282- JOURNAL OF THE SENATE

H.B. 768 (seven hundred sixty-eight) with substitute. H.B. 839 (eight hundred thirty-nine). H.B. 937 (nine hundred thirty-seven) with substitute. H.B. 945 (nine hundred forty-five). H.B. 963 (nine hundred sixty-three). H.B. 964 (nine hundred sixty-four) with amendments. H.B. 1020 (one thousand twenty). H.B. 1104 (one thousand one hundred four). H.B. 1110 (one thousand one hundred ten) with amendments. H.B. 1121 (one thousand one hundred twenty-one). H.B. 1134 (one thousand one hundred thirty-four). H.B. 1167 (one thousand one hundred sixty-seven). H.B. 1177 (one thousand one hundred seventy-seven). H.B. 1200 (one thousand two hundred). H.B. 1202 (one thousand two hundred two). H.B. 1219 (one thousand two hundred nineteen) with amendments. H.B. 1261 (one thousand two hundred sixty-one). H.B. 1277 (one thousand two hundred seventy-seven). H.B. 1293 (one thousand two hundred ninety-three) with substitute. H.B. 1295 (one thousand two hundred ninety-five) with substitute.

The motion was agreed to.

The recorded vote is as follows: YEAS--39. NAYS--0. RULE 36--0.

YEAS--Barker, Black, Blevins, Carrico, Colgan, Deeds, Ebbin, Edwards, Favola, Garrett, Hanger, Herring, Howell, Locke, Lucas, Marsden, Marsh, Martin, McDougle, McEachin, McWaters, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Reeves, Ruff, Saslaw, Smith, Stanley, Stosch, Stuart, Vogel, Watkins--39. NAYS--0. RULE 36--0.

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

H.B. 853 (eight hundred fifty-three) with amendment. H.B. 52 (fifty-two). H.B. 137 (one hundred thirty-seven). H.B. 206 (two hundred six) with substitute. H.B. 211 (two hundred eleven). H.B. 233 (two hundred thirty-three) with substitute. H.B. 271 (two hundred seventy-one). H.B. 313 (three hundred thirteen). H.B. 324 (three hundred twenty-four). H.B. 350 (three hundred fifty) with amendment. H.B. 377 (three hundred seventy-seven). H.B. 438 (four hundred thirty-eight). H.B. 460 (four hundred sixty) with substitute. H.B. 480 (four hundred eighty). H.B. 481 (four hundred eighty-one) with substitute. H.B. 508 (five hundred eight). H.B. 536 (five hundred thirty-six). JOURNAL OF THE SENATE -1283- Thursday, March 1, 2012

H.B. 546 (five hundred forty-six). H.B. 737 (seven hundred thirty-seven) with amendment. H.B. 738 (seven hundred thirty-eight). H.B. 752 (seven hundred fifty-two) with substitute. H.B. 764 (seven hundred sixty-four). H.B. 767 (seven hundred sixty-seven) with substitute. H.B. 768 (seven hundred sixty-eight) with substitute. H.B. 839 (eight hundred thirty-nine). H.B. 937 (nine hundred thirty-seven) with substitute. H.B. 945 (nine hundred forty-five). H.B. 963 (nine hundred sixty-three). H.B. 964 (nine hundred sixty-four) with amendments. H.B. 1020 (one thousand twenty). H.B. 1104 (one thousand one hundred four). H.B. 1110 (one thousand one hundred ten) with amendments. H.B. 1121 (one thousand one hundred twenty-one). H.B. 1134 (one thousand one hundred thirty-four). H.B. 1167 (one thousand one hundred sixty-seven). H.B. 1177 (one thousand one hundred seventy-seven). H.B. 1200 (one thousand two hundred). H.B. 1202 (one thousand two hundred two). H.B. 1219 (one thousand two hundred nineteen) with amendments. H.B. 1261 (one thousand two hundred sixty-one). H.B. 1277 (one thousand two hundred seventy-seven). H.B. 1293 (one thousand two hundred ninety-three) with substitute. H.B. 1295 (one thousand two hundred ninety-five) with substitute.

The recorded vote is as follows: YEAS--39. NAYS--0. RULE 36--0.

YEAS--Barker, Black, Blevins, Carrico, Colgan, Deeds, Ebbin, Edwards, Favola, Garrett, Hanger, Herring, Howell, Locke, Lucas, Marsden, Marsh, Martin, McDougle, McEachin, McWaters, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Reeves, Ruff, Saslaw, Smith, Stanley, Stosch, Stuart, Vogel, Watkins--39. NAYS--0. RULE 36--0.

H.B. 234 (two hundred thirty-four), on motion of Senator Norment, was passed with its title.

The recorded vote is as follows: YEAS--38. NAYS--0. RULE 36--1.

YEAS--Barker, Black, Blevins, Carrico, Colgan, Deeds, Ebbin, Edwards, Favola, Garrett, Hanger, Herring, Howell, Locke, Lucas, Marsden, Marsh, Martin, McDougle, McEachin, McWaters, Miller, J.C., Miller, Y.B., Newman, Northam, Obenshain, Petersen, Puckett, Puller, Reeves, Ruff, Saslaw, Smith, Stanley, Stosch, Stuart, Vogel, Watkins--38. NAYS--0. RULE 36--Norment--1.

H.B. 316 (three hundred sixteen), on motion of Senator Norment, was passed with its title. Thursday, March 1, 2012 -1284- JOURNAL OF THE SENATE

The recorded vote is as follows: YEAS--38. NAYS--0. RULE 36--1.

YEAS--Barker, Black, Blevins, Carrico, Colgan, Deeds, Ebbin, Edwards, Favola, Garrett, Hanger, Herring, Howell, Locke, Lucas, Marsden, Marsh, Martin, McDougle, McEachin, McWaters, Miller, J.C., Miller, Y.B., Newman, Northam, Obenshain, Petersen, Puckett, Puller, Reeves, Ruff, Saslaw, Smith, Stanley, Stosch, Stuart, Vogel, Watkins--38. NAYS--0. RULE 36--Norment--1.

INTRODUCTION OF LEGISLATION

Pursuant to the provisions of House Joint Resolution No. 5 and Senate Rule 26 (g), Senator Herring introduced a joint resolution; subsequently, the following was presented and laid on the Clerk’s Desk:

S.J.R. 216. Commending Washington Dulles International Airport. Patrons--Herring, Barker, Black, Colgan, Ebbin, Favola, Howell, Marsden, Petersen, Puller, Saslaw, Stuart and Vogel; Delegates: Albo, Anderson, Brink, Bulova, Comstock, Dudenhefer, Englin, Filler-Corn, Greason, Herring, Hope, Hugo, Keam, Kory, LeMunyon, Lingamfelter, Lopez, Marshall, R.G., May, Miller, Minchew, Plum, Ramadan, Rust, Scott, J.M., Sickles, Surovell, Torian and Watts

Pursuant to the provisions of House Joint Resolution No. 5 and Senate Rule 26 (g), Senator Favola introduced a joint resolution; subsequently, the following was presented and laid on the Clerk’s Desk:

S.J.R. 217. Celebrating the life of Patricia Anne Zimmerman. Patrons--Favola, Ebbin, Herring, Howell, Locke, Lucas, Marsden, Marsh, Newman, Norment, Northam, Obenshain and Saslaw; Delegates: Brink, Englin, Hope and Lopez

CONFERENCE PROCEDURES

Senator Watkins, Chair of the Committee on Commerce and Labor, appointed Senators Norment, Stuart, and Herring, the conferees on the part of the Senate for S.B. 413 (four hundred thirteen).

Senator Ruff, Chair of the Committee on General Laws and Technology, appointed Senators Smith, Deeds, and Reeves, the conferees on the part of the Senate for S.B. 662 (six hundred sixty-two).

LEGISLATION SIGNED BY PRESIDING OFFICER

The President of the Senate as required by Article IV, Section 11, of the Constitution, on the date recorded below, signed the following bills that had been passed by both houses and duly enrolled:

March 1, 2012

H.B. 423. An Act to amend and reenact § 54.1-2349 of the Code of Virginia, relating to the Common Interest Community Board; duties.

H.B. 453. An Act to amend and reenact § 65.2-524 of the Code of Virginia, relating to workers’ compensation; Commonwealth’s failure to pay compensation.

H.B. 465. An Act to amend and reenact § 2.2-402 of the Code of Virginia, relating to annual report of the Secretary of the Commonwealth; organizational chart of state government. JOURNAL OF THE SENATE -1285- Thursday, March 1, 2012

H.B. 490. An Act to amend and reenact §§ 2.2-2449, 2.2-2630, 2.2-2631, 2.2-2698, 10.1-2002, 32.1-111.10, and 67-1202 of the Code of Virginia, relating to certain executive branch boards and councils; staggering of terms; membership; name change.

H.B. 502. An Act to amend and reenact § 55-248.7 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 55-225.15, relating to written receipt for cash or money order payments of rent.

H.B. 523. An Act to amend the Code of Virginia by adding in Chapter 21 of Title 38.2 a section numbered 38.2-2129, relating to insurance policies; notices; earthquake exclusion.

H.B. 557. An Act to amend and reenact § 36-55.30 of the Code of Virginia, relating to the Virginia Housing Development Authority; authority.

H.B. 558. An Act to amend and reenact § 15.2-5003 of the Code of Virginia, relating to the issuance of mortgage credit certificates by the Virginia Housing Development Authority. EMERGENCY

H.B. 595. An Act to amend and reenact § 2.2-703.1 of the Code of Virginia, relating to four-year plan for aging services; deadline for submission.

H.B. 609. An Act to amend and reenact §§ 54.1-201, 54.1-831, and 54.1-1802.1 of the Code of Virginia, relating to the Department of Professional and Occupational Regulation; duties of regulatory boards.

H.B. 621. An Act to repeal Chapters 2 (§§ 36-56 through 36-64) and 3 (§§ 36-65 through 36-69) of Title 36 of the Code of Virginia, relating to obsolete laws, World War II era defense housing projects and housing projects for veterans.

H.B. 658. An Act to amend and reenact § 2.2-3101 of the Code of Virginia, relating to the State and Local Conflict of Interests Act; definition of personal interest in a transaction.

H.B. 735. An Act to amend and reenact §§ 38.2-4900, 38.2-4902, 38.2-4904, and 38.2-4905 of the Code of Virginia; to amend the Code of Virginia by adding in Chapter 49 of Title 38.2 an article numbered 2, consisting of sections numbered 38.2-4918 through 38.2-4923, and an article numbered 3, consisting of sections numbered 38.2-4924 through 38.2-4932; and to repeal §§ 38.2-4906 through 38.2-4909, 38.2-4911, and 38.2-4913 through 38.2-4916 of the Code of Virginia, relating to continuing care providers and community-based continuing care providers.

H.B. 743. An Act to amend and reenact § 58.1-3505 of the Code of Virginia, relating to tax exemption for farm utility vehicles.

H.B. 791. An Act to amend and reenact §§ 51.1-142.2, 51.1-161, 51.1-207, 51.1-218, 51.1-505, and 51.1-512 of the Code of Virginia and to repeal § 51.1-140 of the Code of Virginia, relating to programs and benefits administered by the Virginia Retirement System; technical changes.

H.B. 867. An Act to amend and reenact § 38.2-515 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 5 of Title 38.2 a section numbered 38.2-518, relating to unfair insurance trade practices regarding certificates of insurance.

H.B. 871. An Act to amend and reenact § 38.2-1800 of the Code of Virginia, relating to insurance agents; limited burial insurance authority. Thursday, March 1, 2012 -1286- JOURNAL OF THE SENATE

H.B. 872. An Act to amend and reenact § 38.2-1824 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 8 of Title 38.2 an article numbered 3, consisting of sections numbered 38.2-812 through 38.2-815, and by adding in Chapter 18 of Title 38.2 an article numbered 4.1, consisting of sections numbered 38.2-1845.1 through 38.2-1845.23, relating to property and casualty insurance; regulation and licensing of public adjusters.

H.B. 896. An Act to amend and reenact § 4.1-120 of the Code of Virginia, relating to alcoholic beverage control; operation of government stores.

H.B. 902. An Act to amend and reenact §§ 55-79.54 and 55-79.61 of the Code of Virginia, relating to the Condominium Act; time limits for expansion, contraction, or conversion of condominium.

H.B. 917. An Act to amend and reenact §§ 54.1-309, 54.1-500.1, 54.1-602, 54.1-831.01, 54.1-1102, 54.1-2012, 54.1-2313, and 54.1-2348 of the Code of Virginia, relating to required meetings of regulatory boards at the Department of Professional and Occupational Regulation.

H.B. 927. An Act to amend and reenact § 59.1-136.1 of the Code of Virginia, relating to requirements applicable to the purchase of certain secondhand articles.

H.B. 938. An Act to amend the Code of Virginia by adding in Chapter 1 of Title 54.1 a section numbered 54.1-118, relating to professions and occupations; qualifications for licensure; substantially equivalent military training and education.

H.B. 994. An Act to amend and reenact § 2.2-2699.3 of the Code of Virginia, relating to the Broadband Advisory Council; Secretaries of Commerce and Trade and of Technology may appoint designees to serve on the Council.

H.B. 996. An Act to amend and reenact § 2.2-1403 of the Code of Virginia, relating to the Department of Minority Business Enterprise; electronic certification process.

H.B. 1022. An Act to amend and reenact § 10.1-2211 of the Code of Virginia, relating to Confederate cemeteries and graves.

H.B. 1136. An Act to amend and reenact § 40.1-51.8 of the Code of Virginia, relating to exemptions to the Boiler and Pressure Vessel Safety Act for certain propane gas containers.

H.B. 1139. An Act to amend and reenact §§ 38.2-1316.1, 38.2-1316.2, 38.2-1316.4, and 38.2-1316.8 of the Code of Virginia and to repeal §§ 38.2-1316.3, 38.2-1316.5, and 38.2-1316.6 of the Code of Virginia, relating to credits for reinsurance.

H.B. 1144. An Act to amend and reenact § 54.1-1103 of the Code of Virginia, relating to the Board for Contractors; waiver of license requirement for Habitat for Humanity.

H.B. 1168. An Act to amend and reenact §§ 6.2-1001, 6.2-1014, and 6.2-1067 of the Code of Virginia, relating to multistate trust institutions; out-of-state trust institutions.

H.B. 1186. An Act to amend and reenact § 56-466.1 of the Code of Virginia, relating to attachments by cable television systems on cooperatives’ poles.

H.B. 1199. An Act to amend and reenact §§ 2.2-4007.02 and 2.2-4009 of the Code of Virginia, relating to the Administrative Process Act; right to counsel in rule-making proceedings. JOURNAL OF THE SENATE -1287- Thursday, March 1, 2012

H.B. 1203. An Act to amend and reenact § 2.2-2220.1 of the Code of Virginia, relating to the Research and Technology Investment Advisory Committee.

H.B. 1222. An Act to amend and reenact §§ 2.2-1111, 2.2-1118, 2.2-4301, and 2.2-4344, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to the Virginia Public Procurement Act; definition of employment services organization.

H.B. 1233. An Act to amend and reenact § 58.1-3713.3 of the Code of Virginia, relating to local ordinances levying taxes on the severing of oil, coal, or gas from the earth and appeals of the same. EMERGENCY

On motion of Senator Stosch, the Senate, in memory of former Congressman Richard Harding Poff, adjourned until tomorrow at 11:00 a.m.

William T. Bolling President of the Senate

Susan Clarke Schaar Clerk of the Senate