Thursday, February 28, 2008 -1180- JOURNAL of the SENATE

Thursday, February 28, 2008 -1180- JOURNAL OF THE SENATE

THURSDAY, FEBRUARY 28, 2008

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

The Reverend Robert Cilinski, All Saints Catholic Church, Manassas, Virginia, offered the following prayer:

Almighty and eternal God we thank You for Your loving care and friendship. You have revealed Your glory to all nations and through You comes all wisdom and power. We praise You for the gift of life and the freedom that we share. Bless and strengthen America and make our nation a beacon of liberty and justice to the world. Assist with Your spirit of counsel and fortitude our President and all world leaders, that their efforts for peace may be realized. We remember in prayer the men and women serving our military, protect them and let them be true peacemakers. We pray for the Governor of the Commonwealth of Virginia, for the members of the legislature, and this Senate as they begin their deliberations today. May they discharge their duties with honesty, equality and respect for virtue. Let the light of Your divine wisdom shine forth in their efforts and abilities. Sustain them in their dedication to building a more human world, a world soothed by the balm of Your love. Make them champions of justice and compassion. May the poor, sick, disabled and those who serve them be blessed and may they not be forgotten in our work. May the sanctity of life and human dignity be safeguarded and cherished in every moment. We likewise commend to Your unbounded mercy all citizens of Virginia that we may be blessed in the knowledge and observance of Your holy law and be preserved in unity, happiness, and that peace (shalom) which the world cannot give. After enjoying the blessings of this life, may we be admitted to that life which is eternal. We pray to You, who are Lord and God, forever and ever. Amen.

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

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

A quorum was present.

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

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

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

YEAS--Barker, Blevins, Colgan, Cuccinelli, Deeds, Edwards, Hanger, Herring, Houck, Howell, Hurt, Locke, Lucas, Marsh, Martin, McDougle, McEachin, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Quayle, Reynolds, Ruff, Saslaw, Smith, Stolle, Stosch, Stuart, Ticer, Vogel, Wagner, Wampler, Watkins, Whipple--40. NAYS--0. RULE 36--0. JOURNAL OF THE SENATE -1181- Thursday, February 28, 2008

HOUSE COMMUNICATION

The following communication was received:

In the House of Delegates February 27, 2008

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

S.B. 356. A BILL to amend and reenact §§ 22.1-238, 22.1-239, 22.1-241, 22.1-242, and 22.1-243 of the Code of Virginia and to repeal §§ 22.1-240, 22.1-244 through 22.1-251, and 22.1-253 of the Code of Virginia, relating to textbook purchasing.

S.B. 603. A BILL to amend and reenact § 44.1 of Chapter 393 of the Acts of Assembly of 1932, as amended, which provided a charter for the City of Williamsburg, relating to transient lodging taxes.

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

S.B. 415. A BILL to amend and reenact § 15.2-4904 of the Code of Virginia, relating to the Industrial Development and Revenue Bond Act.

S.B. 510. A BILL to amend the Code of Virginia by adding a section numbered 23-4.3:2, relating to policies addressing student loan vendors; criminal penalty.

S.B. 770. A BILL to amend and reenact § 58.1-3823 of the Code of Virginia, relating to the additional transient occupancy tax for advertising the Historic Triangle area.

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

S.B. 95. A BILL to amend and reenact §§ 18.2-239 and 59.1-200 of the Code of Virginia, relating to definition of pyramid promotional schemes; penalty.

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

H.B. 662. A BILL to amend and reenact § 58.1-3 of the Code of Virginia, relating to the protection of information provided to the Department of Conservation and Recreation on land preservation tax credits for individuals and corporations pursuant to the land preservation tax credit program.

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

H.B. 879. A BILL to amend and reenact § 15.2-2305 of the Code of Virginia, relating to affordable dwelling unit ordinances.

H.B. 1181. A BILL to amend and reenact § 19.2-13 of the Code of Virginia, relating to appointment of special conservators of the peace. Thursday, February 28, 2008 -1182- JOURNAL OF THE SENATE

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

H.B. 949. A BILL to amend and reenact §§ 55-401 through 55-406, 55-411, and 55-414 of the Code of Virginia, relating to the slayer statute.

THE HOUSE OF DELEGATES HAS AMENDED IN ACCORDANCE WITH THE RECOMMENDATION OF THE GOVERNOR THE FOLLOWING HOUSE BILL:

H.B. 211. An Act to amend and reenact § 62.1-44.15:21 of the Code of Virginia, relating to impacts to wetlands.

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

H.J.R. 484. Commending the Virginia Port Authority.

THE HOUSE OF DELEGATES HAS PASSED THE FOLLOWING SENATE BILLS:

S.B. 215. A BILL to amend and reenact §§ 1.2, 2.2, 7.2, 7.3, 7.4, 7.6 and 7.7 of Chapter 472 of the Acts of Assembly of 1970, which provided a charter for the Town of Narrows in the County of Giles, and to amend such Chapter by repealing sections numbered 6.1 through 6.4, relating to general powers of town.

S.B. 284. A BILL to amend and reenact §§ 9.1-101, 18.2-57, 19.2-81, and 46.2-217 of the Code of Virginia, relating to Department of Motor Vehicles Special Agents; criminal enforcement authority.

S.B. 561. A BILL to amend and reenact § 58.1-344.3 of the Code of Virginia, relating to voluntary contributions of refunds.

S.B. 591. A BILL to amend and reenact § 58.1-3851 of the Code of Virginia, relating to local tourism zones.

S.B. 700. A BILL to amend and reenact § 63.2-2006 of the Code of Virginia, relating to neighborhood assistance tax credits.

S.B. 776. A BILL to amend and reenact § 18.2-308 of the Code of Virginia, relating to concealed handguns; attorneys for the Commonwealth.

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

H.B. 85. A BILL to amend and reenact § 54.1-3411.1 of the Code of Virginia, relating to donation of prescription medications.

H.B. 137. A BILL to amend and reenact §§ 22.1-238, 22.1-239, 22.1-241, 22.1-242, and 22.1-243 of the Code of Virginia and to repeal §§ 22.1-240, 22.1-244 through 22.1-251, and 22.1-253 of the Code of Virginia, relating to textbook purchasing.

H.B. 229. A BILL to amend and reenact §§ 2.2-2001, 2.2-2004, 2.2-2452, 2.2-2681, 2.2-2682, 2.2-2715, and 2.2-2716, of the Code of Virginia, relating to administration of veterans services. JOURNAL OF THE SENATE -1183- Thursday, February 28, 2008

H.B. 259. A BILL to amend the Code of Virginia by adding a section numbered 22.1-254.02, relating to classification of students transferring from a public school.

H.B. 278. A BILL to amend and reenact § 32.1-283 of the Code of Virginia, relating to identification of body by next of kin.

H.B. 350. A BILL to amend and reenact § 15.2-2286 of the Code of Virginia, relating to authority of a zoning administrator.

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

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

H.B. 1005. A BILL to amend and reenact § 23-9.2:3 of the Code of Virginia, relating to providing notice to parents of dependent student’s receipt of mental health treatment on the campus of a public institution of higher education.

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

H.B. 1100. A BILL to amend and reenact §§ 18.2-62, 32.1-37.2, 32.1-45.2, and 54.1-2403.01 of the Code of Virginia, relating to informed consent for testing for human immunodeficiency virus.

H.B. 1166. A BILL to amend the Code of Virginia by adding a section numbered 32.1-163.6, relating to professional engineering of onsite treatment works.

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

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

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

H.B. 408. A BILL to amend and reenact §§ 59.1-201, 59.1-203, 59.1-205, 59.1-206, and 59.1-207 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 59.1-200.1, relating to the Virginia Consumer Protection Act; prohibited practices involving residential real property.

H.B. 440. A BILL to amend the Code of Virginia by adding a section numbered 19.2-120.1, relating to presumption of no bail for illegal aliens charged with certain crimes.

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

H.B. 1073. A BILL to amend and reenact §§ 2.2-2285, 15.2-5000 through 15.2-5004, 36-137, and 36-139, as it shall become effective, of the Code of Virginia, relating to the Department of Housing and Community Development; administration of the Private Activity Bonds program. Thursday, February 28, 2008 -1184- JOURNAL OF THE SENATE

H.B. 1183. A BILL to amend and reenact § 22.1-254.1 of the Code of Virginia, relating to requirements for home instruction of children.

H.B. 1384. A BILL to amend and reenact §§ 19.2-194, 19.2-207, 19.2-212, and 19.2-215.4 of the Code of Virginia, relating to grand juries.

H.B. 1496. A BILL to amend the Code of Virginia by adding in Title 15.2 a chapter numbered 60.1, consisting of sections numbered 15.2-6016 through 15.2-6024, relating to the Southwest Regional Recreation Authority.

IN WHICH ACTION IT REQUESTS THE CONCURRENCE OF THE SENATE.

/s/ Bruce F. Jamerson Clerk, House of Delegates

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

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

The House joint resolution, communicated as agreed to by the House of Delegates, was laid on the Clerk’s Desk under Senate Rule 26 (g) as follows:

H.J.R. 484.

COMMITTEE REPORTS

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

S.B. 797 (seven hundred ninety-seven).

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

H.B. 191 (one hundred ninety-one). H.B. 242 (two hundred forty-two). H.B. 354 (three hundred fifty-four) with amendments. H.B. 398 (three hundred ninety-eight) with amendment. H.B. 524 (five hundred twenty-four) with substitute. H.B. 760 (seven hundred sixty) with substitute. H.B. 766 (seven hundred sixty-six) with substitute. H.B. 819 (eight hundred nineteen) with substitute. H.B. 1089 (one thousand eighty-nine). JOURNAL OF THE SENATE -1185- Thursday, February 28, 2008

H.B. 1128 (one thousand one hundred twenty-eight). H.B. 1135 (one thousand one hundred thirty-five) with substitute. H.B. 1222 (one thousand two hundred twenty-two). H.B. 1498 (one thousand four hundred ninety-eight). H.B. 1526 (one thousand five hundred twenty-six) with amendment.

The following bills, having been considered by the committee in session, were reported by Senator Locke from the Committee on General Laws and Technology:

H.B. 407 (four hundred seven). H.B. 516 (five hundred sixteen) with substitute. H.B. 520 (five hundred twenty). H.B. 633 (six hundred thirty-three). H.B. 634 (six hundred thirty-four). H.B. 677 (six hundred seventy-seven). H.B. 768 (seven hundred sixty-eight). H.B. 854 (eight hundred fifty-four). H.B. 955 (nine hundred fifty-five). H.B. 1271 (one thousand two hundred seventy-one). H.B. 1367 (one thousand three hundred sixty-seven). H.B. 1397 (one thousand three hundred ninety-seven) with amendments. H.B. 1458 (one thousand four hundred fifty-eight).

INTRODUCTION OF LEGISLATION

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

S.J.R. 244. Celebrating the life of Laura Anne Yacobi Bateman. Patrons--Norment, Barker, Blevins, Colgan, Cuccinelli, Deeds, Edwards, Hanger, Herring, Houck, Howell, Hurt, Locke, Lucas, Marsh, Martin, McDougle, McEachin, Miller, J.C., Miller, Y.B., Newman, Northam, Obenshain, Petersen, Puckett, Puller, Quayle, Reynolds, Ruff, Saslaw, Smith, Stolle, Stosch, Stuart, Ticer, Vogel, Wagner, Wampler, Watkins and Whipple; Delegates: BaCote, Barlow, Gear, Hamilton, Morgan, Oder, Pogge and Ward

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

S.J.R. 245. Commending the Freemasons of Virginia for their many contributions to the nation and the Commonwealth. Patron--Stolle

At 12:35 p.m., Senator Saslaw moved that the Senate recess until 1:20 p.m.

The motion was agreed to.

The hour of 1:20 p.m. having arrived, the Chair was resumed. Thursday, February 28, 2008 -1186- JOURNAL OF THE SENATE

CALENDAR

UNFINISHED BUSINESS—HOUSE

H.B. 190 (one hundred ninety) was taken up.

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

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

YEAS--Blevins, Colgan, Cuccinelli, Deeds, Edwards, Hanger, Herring, Houck, Howell, Hurt, Locke, Lucas, Marsh, Martin, McDougle, McEachin, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Quayle, Reynolds, Ruff, Saslaw, Smith, Stolle, Stosch, Stuart, Ticer, Vogel, Wagner, Watkins, Whipple--38. NAYS--0. RULE 36--0.

H.B. 443 (four hundred forty-three) was taken up.

On motion of Senator Lucas, the Senate insisted on its amendment No. 2 and respectfully requested a committee of conference.

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

H.B. 1425 (one thousand four hundred twenty-five) was taken up.

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

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

H.B. 1528 (one thousand five hundred twenty-eight) was taken up. JOURNAL OF THE SENATE -1187- Thursday, February 28, 2008

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

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

UNFINISHED BUSINESS—SENATE

S.B. 271 (two hundred seventy-one) was taken up.

On motion of Senator Deeds, 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--0. RULE 36--0.

YEAS--Barker, Blevins, Colgan, Cuccinelli, Deeds, Edwards, Hanger, Herring, Houck, Howell, Hurt, Locke, Lucas, Marsh, McDougle, McEachin, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Quayle, Reynolds, Ruff, Saslaw, Smith, Stolle, Stosch, Stuart, Ticer, Vogel, Wagner, Wampler, Watkins, Whipple--39. NAYS--0. RULE 36--0.

S.B. 276 (two hundred seventy-six) was taken up.

On motion of Senator Cuccinelli, 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--38. NAYS--0. RULE 36--0.

YEAS--Barker, Blevins, Colgan, Cuccinelli, Deeds, Edwards, Hanger, Herring, Houck, Howell, Hurt, Locke, Lucas, Marsh, Martin, McDougle, Miller, J.C., Miller, Y.B., Norment, Northam, Obenshain, Petersen, Puckett, Puller, Quayle, Reynolds, Ruff, Saslaw, Smith, Stolle, Stosch, Stuart, Ticer, Vogel, Wagner, Wampler, Watkins, Whipple--38. NAYS--0. RULE 36--0.

S.B. 283 (two hundred eighty-three) was taken up. Thursday, February 28, 2008 -1188- JOURNAL OF THE SENATE

On motion of Senator Miller, J.C., 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--0. RULE 36--0.

YEAS--Barker, Blevins, Colgan, Cuccinelli, Deeds, Edwards, Hanger, Herring, Houck, Howell, Hurt, Locke, Lucas, Marsh, Martin, McDougle, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Quayle, Reynolds, Ruff, Saslaw, Smith, Stolle, Stosch, Stuart, Ticer, Vogel, Wagner, Wampler, Watkins, Whipple--39. NAYS--0. RULE 36--0.

S.B. 490 (four hundred ninety) was taken up.

On motion of Senator Hanger, 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--40. NAYS--0. RULE 36--0.

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

On motion of Senator McDougle, 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--40. NAYS--0. RULE 36--0.

S.B. 735 (seven hundred thirty-five) 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. JOURNAL OF THE SENATE -1189- Thursday, February 28, 2008

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

S.B. 99 (ninety-nine) 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 § 33.1-23.05 of the Code of Virginia, relating to revenue-sharing funds for highway systems in certain counties, cities, and towns.

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

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

S.B. 292 (two hundred ninety-two) was taken up with the amendment proposed by the House of Delegates as follows:

1. Line 38, engrossed, after localities insert with respect to an election in which the margin between the top two candidates for each office on the ballot exceeds 10 percent

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

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

YEAS--Barker, Blevins, Colgan, Cuccinelli, Deeds, Edwards, Hanger, Herring, Houck, Howell, Hurt, Locke, Lucas, Marsh, Martin, McDougle, McEachin, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Petersen, Puckett, Puller, Quayle, Reynolds, Ruff, Saslaw, Smith, Stolle, Stosch, Ticer, Wagner, Wampler, Watkins, Whipple--37. NAYS--Obenshain, Stuart, Vogel--3. RULE 36--0.

S.B. 520 (five hundred twenty) was taken up with the amendments proposed by the House of Delegates as follows: Thursday, February 28, 2008 -1190- JOURNAL OF THE SENATE

1. Line 23, engrossed, after 20 strike 29 insert 30

2. Line 25, engrossed, after 19 strike 28 insert 29

3. Line 39, engrossed, after Fighters; insert one member representing the Virginia State Firefighter’s Association;

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

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

YEAS--Barker, Blevins, Colgan, Cuccinelli, Deeds, Edwards, Hanger, Herring, Houck, Howell, Hurt, Locke, Lucas, Marsh, Martin, McDougle, McEachin, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Quayle, Reynolds, Ruff, Saslaw, Smith, Stosch, Stuart, Ticer, Vogel, Wagner, Wampler, Watkins, Whipple--39. NAYS--Stolle--1. RULE 36--0.

S.B. 691 (six hundred ninety-one) 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 §§ 46.2-808.1, 46.2-1217, 46.2-2810, and 46.2-2814 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 46.2-2814.1, relating to tow trucks, towing and recovery business operators, and tow truck driver authorization documents.

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

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

S.B. 740 (seven hundred forty) was taken up with the amendments proposed by the House of Delegates as follows: JOURNAL OF THE SENATE -1191- Thursday, February 28, 2008

1. Line 42, engrossed, after additional insert ex-officio

2. Line 44, engrossed, after additional insert ex-officio

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

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

S.B. 764 (seven hundred sixty-four) was taken up with the amendments proposed by the House of Delegates as follows:

1. Line 39, engrossed, after by the applicant insert declaring to be true and correct under penalty of perjury

2. Line 119, engrossed strike all of lines 119 through 122

3. Line 126, engrossed, after Arlington, insert Augusta,

4. Line 126, engrossed, after Lee, insert Rockbridge,

5. Line 127, engrossed, after of insert Buena Vista,

6. Line 127, engrossed, after Charlottesville, insert Lexington,

7. Line 136, engrossed strike all of lines 136 through 139

On motion of Senator Ticer, the amendments were agreed to. Thursday, February 28, 2008 -1192- JOURNAL OF THE SENATE

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

HOUSE BILL WITH GOVERNOR’S AMENDMENT

H.B. 1259 (one thousand two hundred fifty-nine) was taken up together with the following communication from the Governor:

COMMONWEALTH OF VIRGINIA Office of the Governor

February 22, 2008

TO THE VIRGINIA HOUSE OF DELEGATES: HOUSE BILL NO. 1259

I approve the general purpose of this bill, but I am returning it without my signature with the request that the following amendment be made:

1. Line 21, enrolled, after than strike $1 million insert $500,000

/s/ Timothy M. Kaine Governor

The reading of the communication was waived.

H.B. 1259, on motion of Senator Ticer, was amended in accordance with the recommendation of the Governor.

The recorded vote is as follows: YEAS--33. NAYS--7. RULE 36--0.

YEAS--Barker, Blevins, Colgan, Deeds, Edwards, Hanger, Herring, Houck, Howell, Locke, Lucas, Marsh, McEachin, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Petersen, Puckett, Puller, Quayle, Reynolds, Ruff, Saslaw, Stolle, Stosch, Stuart, Ticer, Wagner, Wampler, Watkins, Whipple--33. NAYS--Cuccinelli, Hurt, Martin, McDougle, Obenshain, Smith, Vogel--7. RULE 36--0.

HOUSE BILLS ON THIRD READING

H.B. 499 (four hundred ninety-nine), on motion of Senator Howell, was passed by for the day. JOURNAL OF THE SENATE -1193- Thursday, February 28, 2008

H.B. 111 (one hundred eleven), on motion of Senator Watkins, was passed by for the day.

H.B. 314 (three hundred fourteen), on motion of Senator Colgan, was passed by for the day.

H.B. 915 (nine hundred fifteen), on motion of Senator Stolle, was passed by for the day.

Senator Saslaw 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. 112 (one hundred twelve). H.B. 396 (three hundred ninety-six). H.B. 525 (five hundred twenty-five). H.B. 546 (five hundred forty-six). H.B. 680 (six hundred eighty). H.B. 688 (six hundred eighty-eight). H.B. 728 (seven hundred twenty-eight). H.B. 780 (seven hundred eighty). H.B. 869 (eight hundred sixty-nine). H.B. 918 (nine hundred eighteen). H.B. 931 (nine hundred thirty-one). H.B. 1024 (one thousand twenty-four). H.B. 1098 (one thousand ninety-eight). H.B. 1123 (one thousand one hundred twenty-three). H.B. 1160 (one thousand one hundred sixty). H.B. 1176 (one thousand one hundred seventy-six). H.B. 1211 (one thousand two hundred eleven). H.B. 1228 (one thousand two hundred twenty-eight). H.B. 1305 (one thousand three hundred five). H.B. 1311 (one thousand three hundred eleven). H.B. 1313 (one thousand three hundred thirteen). H.B. 1413 (one thousand four hundred thirteen). H.B. 1487 (one thousand four hundred eighty-seven). H.B. 1490 (one thousand four hundred ninety). H.B. 1508 (one thousand five hundred eight). H.B. 1523 (one thousand five hundred twenty-three). H.B. 1547 (one thousand five hundred forty-seven).

The motion was agreed to.

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

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

1. Line 13, engrossed, after two years strike for the purpose of creating and updating [ a The ] State Medical Facilities Plan

2. Line 15, engrossed, after representatives of insert regional health planning agencies, representatives of Thursday, February 28, 2008 -1194- JOURNAL OF THE SENATE

3. Line 16, engrossed, after health insurers. strike remainder of line 16, all of line 17, and through basis on line 18 insert The task force shall complete a review of the State Medical Facilities Plan updating or validating existing criteria in the State Medical Facilities Plan at least every four years

The reading of the amendments was waived.

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

The amendments were ordered to be engrossed.

H.B. 546 (five hundred forty-six) was taken up.

The following amendment proposed by the Committee on Commerce and Labor was offered:

1. Line 108, engrossed, after shall strike , if reasonably achievable,

The reading of the amendment was waived.

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

The amendment was ordered to be engrossed.

H.B. 728 (seven hundred twenty-eight) was taken up.

The following amendment proposed by the Committee on Commerce and Labor was offered:

1. Line 11, engrossed, after insurers, insert insurance agent organizations,

The reading of the amendment was waived.

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

The amendment was ordered to be engrossed.

H.B. 931 (nine hundred thirty-one) was taken up.

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

1. Line 30, engrossed, after line 29 insert 3. That the provisions of this act shall not become effective unless an appropriation of general funds effectuating the purposes of this act is included in a general appropriations act passed by the 2008 Session of the General Assembly, which becomes law. JOURNAL OF THE SENATE -1195- Thursday, February 28, 2008

The reading of the amendment was waived.

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

The amendment was ordered to be engrossed.

H.B. 1024 (one thousand twenty-four) was taken up.

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

1. Line 319, engrossed strike all of line 319 and through taxes on line 320 insert Notwithstanding any contrary provision of law, the local governing body shall allow an automatic extension on real property taxes imposed upon a primary residence and personal property taxes imposed upon a qualifying vehicle, as defined in § 58.1-3523,

2. Line 321, engrossed, after deployed outside of the United States strike shall be allowed by the local governing body

The reading of the amendments was waived.

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

The amendments were ordered to be engrossed.

H.B. 1123 (one thousand one hundred twenty-three) was taken up.

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

1. Line 26, engrossed, after imposed strike on insert by a locality that is a member of the Hampton Roads Transportation Authority upon any

The reading of the amendment was waived.

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

The amendment was ordered to be engrossed.

H.B. 1211 (one thousand two hundred eleven) was taken up.

The following amendment proposed by the Committee on Local Government was offered:

1. Line 40, engrossed, after Authority Thursday, February 28, 2008 -1196- JOURNAL OF THE SENATE

insert pursuant to applicable accounting standards and law

The reading of the amendment was waived.

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

The amendment was ordered to be engrossed.

H.B. 1487 (one thousand four hundred eighty-seven) was taken up.

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

A BILL to amend and reenact §§ 6.1-409, 6.1-414, 6.1-425, 6.1-428, 6.1-430, 19.2-389, and 30-261 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 6.1-423.1 and 6.1-423.2, relating to the Mortgage Lender and Broker Act; the owner-occupancy requirement in the definition of a mortgage loan; failure to pay appraisal fee as grounds for license suspension or revocation; background investigations; employee training; the power of the State Corporation Commission to enforce certain laws; and the duties of the Virginia Housing Commission; penalties; all pertaining to home ownership protection.

The reading of the substitute was waived.

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

The substitute was ordered to be engrossed.

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

The motion was agreed to.

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

H.B. 396 (three hundred ninety-six) with amendments. H.B. 525 (five hundred twenty-five). H.B. 546 (five hundred forty-six) with amendment. H.B. 680 (six hundred eighty). H.B. 688 (six hundred eighty-eight). H.B. 728 (seven hundred twenty-eight) with amendment. H.B. 780 (seven hundred eighty). H.B. 869 (eight hundred sixty-nine). H.B. 918 (nine hundred eighteen). H.B. 931 (nine hundred thirty-one) with amendment. H.B. 1024 (one thousand twenty-four) with amendments. H.B. 1098 (one thousand ninety-eight). H.B. 1123 (one thousand one hundred twenty-three) with amendment. H.B. 1160 (one thousand one hundred sixty). H.B. 1176 (one thousand one hundred seventy-six). H.B. 1211 (one thousand two hundred eleven) with amendment. H.B. 1228 (one thousand two hundred twenty-eight). H.B. 1305 (one thousand three hundred five). JOURNAL OF THE SENATE -1197- Thursday, February 28, 2008

H.B. 1311 (one thousand three hundred eleven). H.B. 1313 (one thousand three hundred thirteen). H.B. 1413 (one thousand four hundred thirteen). H.B. 1487 (one thousand four hundred eighty-seven) with substitute. H.B. 1490 (one thousand four hundred ninety). H.B. 1508 (one thousand five hundred eight). H.B. 1523 (one thousand five hundred twenty-three).

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

H.B. 112 (one hundred twelve), on motion of Senator Colgan, was passed with its title.

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

YEAS--Barker, Blevins, Colgan, Deeds, Edwards, Hanger, Herring, Houck, Howell, Hurt, Locke, Lucas, Marsh, Martin, McDougle, McEachin, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Quayle, Reynolds, Ruff, Saslaw, Stolle, Stosch, Stuart, Ticer, Vogel, Wagner, Wampler, Watkins, Whipple--38. NAYS--Cuccinelli, Smith--2. RULE 36--0.

H.B. 1547 (one thousand five hundred forty-seven) 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 §§ 2.2-1503.2 and 2.2-1509 of the Code of Virginia relating to capital improvement planning and funding; authorizing for certain projects to be financed by the Virginia College Building Authority with the principal amount of bonds issued for all such projects not to exceed $1,353,729,000; authorizing for certain projects to be financed by the Virginia Public Building Authority with the principal amount of bonds issued for all such projects not to exceed $1,103,600,000; and authorizing the State Treasurer to advance treasury loans in an amount not to exceed the costs of planning for certain capital projects with the total amount of treasury loans advanced for the costs of planning of all such projects not to exceed $95,570,000.

The reading of the substitute was waived.

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

Senator Deeds offered the following amendments to the substitute: Thursday, February 28, 2008 -1198- JOURNAL OF THE SENATE

1. Line 264, substitute strike all of lines 264 and 265

2. Line 315, substitute, after Grand Total strike $703,600,000 insert $509,500,000

3. Line 343, substitute strike all of lines 343 and 344

4. Line 407, substitute, after Grand Total strike $ 95,570,000 insert $ 79,670,000

On motion of Senator Deeds, the reading of the amendments was waived.

Senator Deeds moved that the amendments be agreed to.

The question was put on agreeing to the amendments.

The amendments were rejected.

The substitute was ordered to be engrossed.

H.B. 1547, on motion of Senator Colgan, was passed with its title.

The recorded vote is as follows: YEAS--29. NAYS--11. RULE 36--0.

YEAS--Barker, Blevins, Colgan, Deeds, Edwards, Hanger, Herring, Houck, Howell, Locke, Lucas, Marsh, McEachin, Miller, J.C., Miller, Y.B., Northam, Petersen, Puckett, Puller, Quayle, Reynolds, Saslaw, Smith, Stolle, Stosch, Ticer, Vogel, Watkins, Whipple--29. NAYS--Cuccinelli, Hurt, Martin, McDougle, Newman, Norment, Obenshain, Ruff, Stuart, Wagner, Wampler--11. RULE 36--0.

HOUSE BILL WITH GOVERNOR’S AMENDMENT RECONSIDERATION

Senator Wagner moved to reconsider the vote by which the Senate agreed to amend H.B. 1259 (one thousand two hundred fifty-nine) in accordance with the recommendation of the Governor.

The motion was agreed to. JOURNAL OF THE SENATE -1199- Thursday, February 28, 2008

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

YEAS--Barker, Blevins, Colgan, Cuccinelli, Deeds, Edwards, Hanger, Herring, Houck, Howell, Locke, Lucas, Marsh, Martin, McDougle, McEachin, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Quayle, Reynolds, Ruff, Smith, Stolle, Stosch, Stuart, Ticer, Vogel, Wagner, Wampler, Watkins, Whipple--38. NAYS--Hurt--1. RULE 36--0.

H.B. 1259, on motion of Senator Ticer, was amended in accordance with the recommendation of the Governor.

The recorded vote is as follows: YEAS--33. NAYS--7. RULE 36--0.

YEAS--Barker, Blevins, Colgan, Deeds, Edwards, Hanger, Herring, Houck, Howell, Locke, Lucas, Marsh, McEachin, Miller, J.C., Miller, Y.B., Norment, Northam, Petersen, Puckett, Puller, Quayle, Reynolds, Ruff, Saslaw, Stolle, Stosch, Stuart, Ticer, Vogel, Wagner, Wampler, Watkins, Whipple--33. NAYS--Cuccinelli, Hurt, Martin, McDougle, Newman, Obenshain, Smith--7. RULE 36--0.

HOUSE BILLS ON THIRD READING

RECONSIDERATION

Senator Watkins moved to reconsider the vote by which H.B. 1547 (one thousand five hundred forty-seven) was passed with its title.

The motion was agreed to.

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

H.B. 1547, on motion of Senator Colgan, was passed with its title.

The recorded vote is as follows: YEAS--28. NAYS--12. RULE 36--0.

YEAS--Barker, Blevins, Colgan, Deeds, Edwards, Hanger, Herring, Houck, Howell, Locke, Lucas, Marsh, McEachin, Miller, J.C., Miller, Y.B., Northam, Petersen, Puckett, Puller, Quayle, Reynolds, Saslaw, Smith, Stolle, Stosch, Ticer, Watkins, Whipple--28. NAYS--Cuccinelli, Hurt, Martin, McDougle, Newman, Norment, Obenshain, Ruff, Stuart, Vogel, Wagner, Wampler--12. RULE 36--0. Thursday, February 28, 2008 -1200- JOURNAL OF THE SENATE

H.B. 223 (two hundred twenty-three) was read by title the third time.

Senator Stolle 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 §§ 18.2-10 and 18.2-370.2 of the Code of Virginia, relating to sex offenses prohibiting proximity to children; penalties.

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

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

The substitute was ordered to be engrossed.

H.B. 223, on motion of Senator Stolle, was passed with its title.

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

H.B. 250 (two hundred fifty) was read by title the third time.

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

A BILL to amend and reenact §§ 2.2-2101, as it is currently effective and as it may become effective, 38.2-3407.12, 38.2-5801, and 38.2-5802 of the Code of Virginia and to amend the Code of Virginia by adding in Article 6 of Chapter 2 of Title 2.2 sections numbered 2.2-214.2 through 2.2-214.11 and by adding in Chapter 58 of Title 38.2 an article numbered 2, consisting of sections numbered 38.2-5812 through 38.2-5820, relating to the managed care health insurance plans.

The reading of the substitute was waived.

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

The substitute was ordered to be engrossed.

H.B. 250, on motion of Senator Saslaw, was passed with its title. JOURNAL OF THE SENATE -1201- Thursday, February 28, 2008

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

H.B. 543 (five hundred forty-three) was read by title the third time.

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

A BILL to amend the Code of Virginia by adding in Title 56 a chapter numbered 24, consisting of sections numbered 56-597 through 56-599, relating to alternative ratemaking plans for natural gas utilities.

The reading of the substitute was waived.

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

The substitute was ordered to be engrossed.

H.B. 543, on motion of Senator Saslaw, was passed with its title.

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

H.B. 934 (nine hundred thirty-four) was read by title the third time.

The following amendment proposed by the Committee on Rehabilitation and Social Services was offered:

1. Line 16, engrossed, after for parole insert nor subject to the provisions of § 53.1-159

The reading of the amendment was waived.

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

H.B. 934, on motion of Senator Petersen, was passed by for the day. Thursday, February 28, 2008 -1202- JOURNAL OF THE SENATE

H.B. 936 (nine hundred thirty-six) was read by title the third time.

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

1. Line 44, engrossed, after is insert currently

2. Line 45, engrossed, after Virginia strike on the effective date of this act insert as of June 30, 2008

3. Line 46, engrossed, after funds insert on the same basis as prior to the effective date of this act

The reading of the amendments was waived.

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

H.B. 936, on motion of Senator Colgan, was passed by temporarily.

RECONSIDERATION

Senator Newman moved to reconsider the vote by which H.B. 250 (two hundred fifty) was passed with its title.

The motion was agreed to.

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

YEAS--Barker, Blevins, Colgan, Cuccinelli, Deeds, Edwards, Hanger, Herring, Houck, Howell, Hurt, Locke, Lucas, Marsh, Martin, McDougle, McEachin, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Puckett, Puller, Quayle, Reynolds, Ruff, Saslaw, Smith, Stosch, Stuart, Ticer, Vogel, Wagner, Wampler, Watkins, Whipple--38. NAYS--0. RULE 36--0.

H.B. 250, on motion of Senator Newman, was passed by for the day.

H.B. 936 (nine hundred thirty-six) was taken up.

The amendments were ordered to be engrossed.

H.B. 936, on motion of Senator Obenshain, was passed with its title. JOURNAL OF THE SENATE -1203- Thursday, February 28, 2008

The recorded vote is as follows: YEAS--26. NAYS--13. RULE 36--0.

YEAS--Barker, Blevins, Colgan, Cuccinelli, Deeds, Hanger, Hurt, Martin, McDougle, McEachin, Miller, J.C., Newman, Norment, Northam, Obenshain, Puckett, Quayle, Ruff, Smith, Stolle, Stosch, Stuart, Vogel, Wagner, Wampler, Watkins--26. NAYS--Edwards, Herring, Howell, Locke, Lucas, Marsh, Miller, Y.B., Petersen, Puller, Reynolds, Saslaw, Ticer, Whipple--13. RULE 36--0.

RECONSIDERATION

Senator Petersen moved to reconsider the vote by which H.B. 934 (nine hundred thirty-four) was passed by for the day.

The motion was agreed to.

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

YEAS--Barker, Blevins, Colgan, Deeds, Edwards, Hanger, Herring, Houck, Howell, Hurt, Locke, Lucas, Marsh, Martin, McDougle, McEachin, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Quayle, Reynolds, Ruff, Saslaw, Smith, Stolle, Stosch, Stuart, Ticer, Vogel, Wagner, Wampler, Watkins, Whipple--39. NAYS--Cuccinelli--1. RULE 36--0.

H.B. 934, on motion of Senator Petersen, was rereferred to the Committee for Courts of Justice.

RECONSIDERATION

Senator Colgan moved to reconsider the vote by which H.B. 314 (three hundred fourteen) was passed by for the day.

The motion was agreed to.

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

H.B. 314 was read by title the third time and, on motion of Senator Colgan, was passed with its title. Thursday, February 28, 2008 -1204- JOURNAL OF THE SENATE

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

YEAS--Barker, Blevins, Colgan, Deeds, Edwards, Hanger, Herring, Houck, Howell, Hurt, Locke, Lucas, Marsh, McDougle, McEachin, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Petersen, Puckett, Puller, Quayle, Reynolds, Ruff, Saslaw, Stolle, Stosch, Stuart, Ticer, Vogel, Wagner, Wampler, Watkins, Whipple--36. NAYS--Cuccinelli, Martin, Obenshain, Smith--4. RULE 36--0.

STATEMENT ON VOTE

Senator Martin stated that he voted nay on the question of the passage of H.B. 314, whereas he intended to vote yea.

HOUSE BILLS ON SECOND READING

Senator Saslaw 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. 195 (one hundred ninety-five). H.B. 394 (three hundred ninety-four). H.B. 430 (four hundred thirty). H.B. 434 (four hundred thirty-four). H.B. 466 (four hundred sixty-six). H.B. 522 (five hundred twenty-two). H.B. 526 (five hundred twenty-six). H.B. 679 (six hundred seventy-nine). H.B. 684 (six hundred eighty-four). H.B. 789 (seven hundred eighty-nine). H.B. 877 (eight hundred seventy-seven). H.B. 1410 (one thousand four hundred ten). H.B. 1446 (one thousand four hundred forty-six). H.B. 1455 (one thousand four hundred fifty-five). H.B. 1463 (one thousand four hundred sixty-three). H.B. 262 (two hundred sixty-two). H.B. 721 (seven hundred twenty-one). H.B. 754 (seven hundred fifty-four). H.B. 1084 (one thousand eighty-four). H.B. 1107 (one thousand one hundred seven).

The motion was agreed to.

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

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

SENATE BILL ON FIRST READING

S.B. 796 (seven hundred ninety-six) was read by title the first time.

MEMORIAL RESOLUTIONS

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

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

H.J.R. 396 (three hundred ninety-six). H.J.R. 397 (three hundred ninety-seven). H.J.R. 398 (three hundred ninety-eight). H.J.R. 401 (four hundred one). H.J.R. 408 (four hundred eight). H.J.R. 409 (four hundred nine). H.J.R. 419 (four hundred nineteen). H.J.R. 420 (four hundred twenty). H.J.R. 421 (four hundred twenty-one). H.J.R. 422 (four hundred twenty-two). H.J.R. 423 (four hundred twenty-three). H.J.R. 441 (four hundred forty-one). H.J.R. 442 (four hundred forty-two).

H.J.R. 395 (three hundred ninety-five) was taken up, as follows: Thursday, February 28, 2008 -1206- JOURNAL OF THE SENATE

HOUSE JOINT RESOLUTION NO. 395

Celebrating the life of Mitchell Van Yahres.

WHEREAS, Mitchell Van Yahres of Charlottesville, age 81, a beloved citizen of the Commonwealth and a greatly admired former member of the House of Delegates, died on February 8, 2008; and

WHEREAS, Mitchell “Mitch” Van Yahres was born in Minneola, New York, on October 21, 1926, the son of George and Marcelle Van Yahres, received a bachelor’s degree from Cornell University, and served his country in the United States Army Air Force from 1944 to 1945 during World War II; and

WHEREAS, Mitch Van Yahres married his college sweetheart, Elizabeth Franklin of McKeesport, Pennsylvania, in 1948 and the couple raised five beloved children; and

WHEREAS, Mitch Van Yahres was a certified arborist and tree surgeon, and he moved with his family to Charlottesville in 1949 to build his family’s tree preservation business; and

WHEREAS, concern for the well-being of his community led Mitch Van Yahres to successfully run for a seat on the Charlottesville City Council in 1968, and he served his fellow citizens with distinction until 1976; and

WHEREAS, as mayor of Charlottesville from 1970 to 1972, Mitch Van Yahres’ idealism and compassion for others once compelled him to order a shanty moved from a slum area into a trendy shopping center to impress upon affluent area citizens the conditions under which the area’s poor people lived; and

WHEREAS, a dedicated and hardworking public servant, Mitch Van Yahres received the Democratic Party nomination for election to the House of Delegates and prevailed in a special election in January 1981; and

WHEREAS, Delegate Van Yahres was well-known during his 24 years as a member of the House of Delegates as a tireless advocate for the poor and the powerless and was often referred to by his close colleagues as the “conscience of the House”; and

WHEREAS, Delegate Van Yahres was an able and conscientious lawmaker, and he worked diligently to enact important legislation for the citizens of the Commonwealth; and

WHEREAS, Delegate Van Yahres offered many thought provoking measures such as legislation to add a 60 cent-per-pack tax to cigarettes; additional funding for Medicaid to help low-income families; a bill to repeal a state ban on civil unions between same sex partners; and most notably, his symbolic House Joint Resolution No. 112, which urged General Assembly members to go on a “welfare diet,” limiting their food budget for two weeks to “the same amount of money that is allotted in food stamps to a single individual”; and

WHEREAS, in 2001 the General Assembly overwhelmingly adopted Delegate Van Yahres’ resolution that expressed profound regret for the state’s involvement in eugenics during the 1920s, which led to the involuntary sterilization of thousands of people in Virginia; and JOURNAL OF THE SENATE -1207- Thursday, February 28, 2008

WHEREAS, committed to improving the quality of life of his fellow citizens, Mitch Van Yahres served on many local nonprofit boards, including the United Way and Children, Youth, and Family Services; helped establish through his church one of the first private nonprofit housing developments for low-income families in the city; and was one of the founding members of the Charlottesville Housing Foundation; and

WHEREAS, Delegate Van Yahres was a faithful and active member of Holy Comforter Catholic Church in Charlottesville; and

WHEREAS, Mitch Van Yahres will be fondly remembered and greatly missed by his devoted wife Betty; his three sons Mike, Mark, and Keith, and his two daughters Beth and Laura, and their wonderful families, especially his 11 grandchildren and three great-grandchildren; his colleagues on both sides of the aisle; and the citizens of the Commonwealth; now, therefore, be it

RESOLVED by the House of Delegates, the Senate concurring, That the General Assembly mourn the loss of one of its greatly admired former members, Mitchell Van Yahres; 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 Mitchell Van Yahres as an expression of the General Assembly’s respect for his memory.

H.J.R. 395, on motion of Senator Houck, was agreed to by a unanimous standing vote.

H.J.R. 400 (four hundred) was taken up, as follows:

HOUSE JOINT RESOLUTION NO. 400

Celebrating the life of Joseph A. Johnson.

WHEREAS, Joseph A. Johnson of Abingdon, a respected citizen and devoted community supporter, died December 1, 2007; and

WHEREAS, born in North Carolina to Charles R. and Mollie Honeycutt Johnson, Joseph “Joe” Johnson owned and operated Abingdon Motor Company for many years, retiring in 1973; and

WHEREAS, a capable leader who was committed to public service, Joe Johnson served on the Abingdon town council and as the town’s mayor, and he represented the 2nd District in the House of Delegates of Virginia from 1974 to 1982; and

WHEREAS, Joe Johnson served on a number of local and regional boards, including as a member of the board of directors of Central Fidelity Bank, as chairman of the board of directors of Johnston Memorial Hospital, and as a member of the Virginia Highlands Airport Commission; and

WHEREAS, a charter member of the Abingdon chapter of Kiwanis, Joe Johnson was very active in the organization’s many programs and activities, and he was a longtime member of Sinking Spring Presbyterian Church, where he served numerous terms as an elder; and

WHEREAS, Joe Johnson will be fondly remembered and greatly missed by his son, Jay Johnson, and his daughter-in-law, Karen; his sister, Gwen, and brothers, Charles and J.P.; his grandchildren and great-grandchildren; and numerous other family members and dear friends; now, therefore, be it Thursday, February 28, 2008 -1208- JOURNAL OF THE SENATE

RESOLVED by the House of Delegates, the Senate concurring, That the General Assembly hereby note with great sadness the loss of Joseph A. Johnson, a fine Virginian; 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 Joseph A. Johnson as an expression of the General Assembly’s respect for his memory.

H.J.R. 400, on motion of Senator Houck, was agreed to by a unanimous standing vote.

H.J.R. 407 (four hundred seven) was taken up, as follows:

HOUSE JOINT RESOLUTION NO. 407

Celebrating the life of D. Henry Almond.

WHEREAS, D. Henry Almond of Cobbs Creek, a respected citizen who was very active in state and local politics, died on January 22, 2008; and

WHEREAS, born in the community of Red House in Charlotte County to Alma Carwile and William Henry Almond, Henry Almond grew up in Lynchburg and Campbell County and graduated from Rustburg High School; and

WHEREAS, after graduation, Henry Almond went to work for Chesapeake and Potomac Telephone Co. (C & P), where he would spend his entire career, but he left the company during World War II and served courageously as a central fire control gunner on B-29 bombers in India, China, and the Marianas Islands, circumnavigating the globe by plane and ship; and

WHEREAS, following the war, Henry Almond earned a degree in economics from Lynchburg College and then returned to work for C & P; his work in accounting and engineering took him to all parts of Virginia, and he and his family resided at various times in Appomattox, Lynchburg, Culpeper, Winchester, Richmond, and Roanoke; and

WHEREAS, while living in Roanoke, Henry Almond became very active in politics; in 1963 he was elected as one of 11 Republicans to the House of Delegates of Virginia, and in 1965 he ran for a seat in the Senate of Virginia but was defeated by fewer than 200 votes; and

WHEREAS, Henry Almond then devoted himself to working with the Roanoke County Republican Party, and as the party’s county chairman in 1967, he recruited a full slate of candidates for county and legislative offices, and his skillful management of the overall campaign helped elect all but two of them in what The Roanoke Times called “a revolution in courthouse politics”; and

WHEREAS, in 1968 Henry Almond and his family moved to Richmond where he continued his work for C & P (now Verizon) until 1985 when he retired to Cobbs Creek, overlooking the Piankatank River; and

WHEREAS, in addition to politics, Henry Almond had varied interests, including boating, travel, fishing, vegetable gardening, and bridge, and for many years he regularly taught the United States Power Squadron’s boating course for the public in Richmond and the Middle Peninsula; more recently, he had led Great Decisions, a discussion group on foreign affairs; and JOURNAL OF THE SENATE -1209- Thursday, February 28, 2008

WHEREAS, an engaging storyteller who loved nothing better than spending time with friends and family, Henry Almond will be fondly remembered and greatly missed by his wife of 60 years, Patricia Almond; his children, Tacey Dale, Howard Almond, and William Almond, and their spouses; his grandchildren and great-grandchildren who were the light of his life; and numerous other family members and dear friends; 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 a fine Virginian, D. Henry Almond; 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 D. Henry Almond as an expression of the General Assembly’s respect for his memory.

H.J.R. 407, on motion of Senator Houck, was agreed to by a unanimous standing vote.

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

On motion of Senator Saslaw, the following Senate joint resolutions were taken up, ordered to be engrossed, and agreed to en bloc by a unanimous standing vote:

S.J.R. 213 (two hundred thirteen). S.J.R. 217 (two hundred seventeen). S.J.R. 218 (two hundred eighteen). S.J.R. 220 (two hundred twenty). S.J.R. 221 (two hundred twenty-one). S.J.R. 223 (two hundred twenty-three). S.J.R. 224 (two hundred twenty-four). S.J.R. 227 (two hundred twenty-seven).

COMMENDING RESOLUTIONS

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

On motion of Senator Saslaw, the following House joint resolutions were taken up and agreed to en bloc:

H.J.R. 399 (three hundred ninety-nine). H.J.R. 402 (four hundred two). H.J.R. 403 (four hundred three). H.J.R. 404 (four hundred four). 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. 414 (four hundred fourteen). 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. 424 (four hundred twenty-four). Thursday, February 28, 2008 -1210- JOURNAL OF THE SENATE

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. 430 (four hundred thirty). H.J.R. 431 (four hundred thirty-one). H.J.R. 432 (four hundred thirty-two). H.J.R. 433 (four hundred thirty-three). H.J.R. 434 (four hundred thirty-four). H.J.R. 435 (four hundred thirty-five). H.J.R. 436 (four hundred thirty-six). H.J.R. 437 (four hundred thirty-seven). H.J.R. 438 (four hundred thirty-eight). H.J.R. 439 (four hundred thirty-nine). H.J.R. 440 (four hundred forty). H.J.R. 444 (four hundred forty-four). H.J.R. 445 (four hundred forty-five). H.J.R. 446 (four hundred forty-six).

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

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

S.J.R. 210 (two hundred ten). S.J.R. 211 (two hundred eleven). S.J.R. 212 (two hundred twelve). S.J.R. 214 (two hundred fourteen). S.J.R. 215 (two hundred fifteen). S.J.R. 216 (two hundred sixteen). S.J.R. 219 (two hundred nineteen). S.J.R. 222 (two hundred twenty-two). S.J.R. 226 (two hundred twenty-six). S.J.R. 230 (two hundred thirty). S.J.R. 231 (two hundred thirty-one). S.J.R. 232 (two hundred thirty-two).

SUPPLEMENTAL CALENDAR NO. 1

HOUSE BILLS ON THIRD READING

H.B. 251 (two hundred fifty-one) was read by title the third time.

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

1. Line 117, engrossed, after entities: strike the Virginia Funeral Directors Association insert a licensed funeral services provider JOURNAL OF THE SENATE -1211- Thursday, February 28, 2008

The reading of the amendment was waived.

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

The amendment was ordered to be engrossed.

H.B. 251, on motion of Senator Colgan, was passed with its title.

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

YEAS--Barker, Blevins, Colgan, Cuccinelli, Deeds, Edwards, Hanger, Herring, Houck, Howell, Hurt, Locke, Lucas, Marsh, Martin, McDougle, McEachin, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Quayle, Ruff, Saslaw, Smith, Stolle, Stosch, Stuart, Ticer, Vogel, Wagner, Wampler, Watkins, Whipple--39. NAYS--0. RULE 36--0.

H.B. 324 (three hundred twenty-four) was taken up, the substitute offered by the Committee on General Laws and Technology having been agreed to on February 25, 2008.

RECONSIDERATION

Senator Colgan moved to reconsider the vote by which the Senate agreed to the substitute offered by the Committee on General Laws and Technology to H.B. 324 (three hundred twenty-four).

The motion was agreed to.

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

YEAS--Barker, Colgan, Cuccinelli, Deeds, Edwards, Hanger, Herring, Houck, Howell, Hurt, Locke, Lucas, Marsh, Martin, McDougle, McEachin, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Quayle, Reynolds, Ruff, Saslaw, Smith, Stolle, Stosch, Stuart, Ticer, Vogel, Wagner, Wampler, Watkins, Whipple--39. NAYS--0. RULE 36--0.

Senator Colgan moved that the substitute be rejected.

The question was put on agreeing to the substitute.

The substitute was rejected.

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 §§ 2.2-4806 and 30-133 of the Code of Virginia and to amend the Code of Virginia by adding in Article 2 of Chapter 5 of Title 2.2 a section numbered 2.2-519, relating to the prompt collection of accounts receivable.

The reading of the substitute was waived. Thursday, February 28, 2008 -1212- JOURNAL OF THE SENATE

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

The substitute was ordered to be engrossed.

H.B. 324, on motion of Senator Colgan, was passed with its title.

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

H.B. 475 (four hundred seventy-five) was taken up, the committee substitute having been agreed to on February 25, 2008.

The substitute was ordered to be engrossed.

H.B. 475, on motion of Senator Colgan, was passed with its title.

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

HOUSE BILLS ON SECOND READING

Senator Saslaw 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. 119 (one hundred nineteen). H.B. 641 (six hundred forty-one). H.B. 656 (six hundred fifty-six). H.B. 849 (eight hundred forty-nine). H.B. 979 (nine hundred seventy-nine). H.B. 1390 (one thousand three hundred ninety). H.B. 538 (five hundred thirty-eight).

The motion was agreed to. JOURNAL OF THE SENATE -1213- Thursday, February 28, 2008

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

STATEMENT ON VOTE

Senator Martin stated that he was recorded as not voting on the question of dispensing with the second reading of H.B. 119, H.B. 641, H.B. 656, H.B. 849, H.B. 979, H.B. 1390, and H.B. 538 en bloc, whereas he intended to vote yea.

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

CONFERENCE PROCEDURES

Senator Houck, Chair of the Committee on Education and Health, appointed Senators Deeds, Blevins, and Northam, the conferees on the part of the Senate for S.B. 271 (two hundred seventy-one).

Senator Marsh, Chair of the Committee for Courts of Justice, appointed Senators Cuccinelli, Howell, and Edwards, the conferees on the part of the Senate for S.B. 276 (two hundred seventy-six).

Senator Colgan, Chair of the Committee on Finance, appointed Senators Miller, J.C., Lucas, and Whipple, the conferees on the part of the Senate for S.B. 283 (two hundred eighty-three).

Senator Houck, Chair of the Committee on Education and Health, appointed Senators Hanger, Whipple, and Miller, J.C., the conferees on the part of the Senate for S.B. 490 (four hundred ninety).

Senator Marsh, Chair of the Committee for Courts of Justice, appointed Senators McDougle, Deeds, and Reynolds, the conferees on the part of the Senate for S.B. 506 (five hundred six).

Senator Marsh, Chair of the Committee for Courts of Justice, appointed Senators Smith, Petersen, and McEachin, the conferees on the part of the Senate for S.B. 735 (seven hundred thirty-five).

OTHER BUSINESS

Pursuant to Senate Rule 26 (f), the Clerk reported that Delegate Ebbin had been added as a co-patron of S.J.R. 225 (two hundred twenty-five). Thursday, February 28, 2008 -1214- JOURNAL OF THE SENATE

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:

February 28, 2008

H.B. 7. An Act to amend and reenact § 3.1 of Chapter 131 of the Acts of Assembly of 1977, which provided a charter for the Town of Brodnax, relating to elections.

H.B. 33. An Act to amend and reenact § 15.2-1610 of the Code of Virginia, relating to the color of marked sheriffs’ office vehicles.

H.B. 84. An Act to repeal § 33.1-465 of the Code of Virginia, relating to the Virginia-North Carolina Interstate Toll Road Compact.

H.B. 139. An Act to amend the Code of Virginia by adding in Article 13 of Chapter 3 of Title 58.1 a section numbered 58.1-439.12:02, relating to biodiesel fuels producers income tax credit.

H.B. 140. An Act to amend and reenact §§ 15.2-2503 and 22.1-93 of the Code of Virginia, relating to publication of local government and school board budgets online.

H.B. 177. An Act to amend and reenact §§ 5, 7, and 11 of the charter of the Town of Appomattox, which was granted by order of the Circuit Court of the County of Appomattox on June 2, 1925, and to repeal § 8 of such charter, relating to the oath of office and the duties of the mayor and the town manager.

H.B. 239. An Act to amend and reenact § 58.1-3221.2 of the Code of Virginia, relating to classification of certain energy-efficient buildings for local real estate taxation.

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

H.B. 357. An Act to amend and reenact § 15.2-2404 of the Code of Virginia, relating to special rate districts.

H.B. 359. An Act to amend and reenact §§ 24.2-945.1, 24.2-947.4, 24.2-949.5, 24.2-949.9:2, 24.2-950.1, and 24.2-950.4 of the Code of Virginia and to repeal § 24.2-950.5 of the Code of Virginia, relating to campaign finance information and reporting of designated contributions.

H.B. 432. An Act to amend and reenact § 15.2-1129.1 of the Code of Virginia, relating to arts and cultural districts.

H.B. 637. An Act to amend and reenact § 24.2-945 of the Code of Virginia, relating to the Campaign Finance Disclosure Act of 2006; applicability to town elections.

H.B. 663. An Act to amend and reenact § 15.2-2286 of the Code of Virginia, relating to powers of zoning administrator.

H.B. 798. An Act to amend and reenact § 24.2-706 of the Code of Virginia, relating to absentee ballot applications and procedures. JOURNAL OF THE SENATE -1215- Thursday, February 28, 2008

H.B. 800. An Act to amend the Code of Virginia by adding in Article 1 of Chapter 1 of Title 24.2 a section numbered 24.2-101.1, relating to implementation of certain Acts of Assembly; special elections.

H.B. 883. An Act to grant certain authority related to affordable housing to the City of Charlottesville.

H.B. 1056. An Act to amend and reenact §§ 10.02 and 17.10, as amended, of Chapter 323 of the Acts of Assembly of 1950, which provided a charter for the City of Falls Church, relating to the city attorney and affordable housing.

H.B. 1062. An Act to amend and reenact §§ 24.2-700 and 24.2-701 of the Code of Virginia, relating to elections; persons entitled to vote absentee; pregnancy; applications.

H.B. 1078. An Act to amend and reenact § 15.2-2307 of the Code of Virginia, relating to vested rights and nonconforming uses.

H.B. 1079. An Act to amend and reenact § 15.2-2309 of the Code of Virginia, relating to variances.

H.B. 1086. An Act to amend and reenact § 15.2-2311 of the Code of Virginia, relating to appeals to boards of zoning appeals.

H.B. 1099. An Act to amend and reenact §§ 24.2-404, 24.2-444, and 24.2-706 of the Code of Virginia, relating to voter registration records; public inspection of records; duties of State Board of Elections, registrars, and electoral boards.

H.B. 1127. An Act to amend and reenact §§ 24.2-947.9 and 24.2-948 of the Code of Virginia, relating to campaign finance disclosure; required special reports of certain large contributions.

H.B. 1149. An Act to amend and reenact § 15.2-1806 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 15.2-1809.1, relating to recreation facilities, playgrounds, etc.; liability.

H.B. 1172. An Act to amend and reenact § 4.3 of Chapter 109 of the Acts of Assembly of 1984, which provided a charter for the Town of Pound, relating to residency requirement.

H.B. 1177. An Act to amend and reenact §§ 15.2-2260 and 15.2-2261 of the Code of Virginia, relating to plats.

H.B. 1185. An Act to amend and reenact § 24.2-427 of the Code of Virginia, relating to elections; cancellations of voter registrations.

H.B. 1196. An Act to amend and reenact § 8.06, as amended, of Chapter 542 of the Acts of Assembly of 1990, which provided a charter for the City of Bristol, relating to the utilities board.

H.B. 1206. An Act to amend and reenact § 62.1-132.12 of the Code of Virginia, relating to Virginia Port Authority special police officers.

H.B. 1212. An Act to amend and reenact § 62.1-129.1 of the Code of Virginia, relating to the Virginia Port Authority employees’ retirement plans. Thursday, February 28, 2008 -1216- JOURNAL OF THE SENATE

H.B. 1217. An Act to amend and reenact §§ 4 and 5A, and § 6, as amended, of Chapter 194 of the Acts of Assembly of 1934, which provided a charter for the Town of Lawrenceville, relating to town officers.

H.B. 1235. An Act to amend and reenact §§ 24.2-659 and 24.2-682 of the Code of Virginia, relating to elections; locking of equipment after election; and timing of special elections.

H.B. 1262. An Act to amend and reenact § 24.2-701 of the Code of Virginia, relating to elections; absentee ballot applications and mailings thereof.

H.B. 1342. An Act to amend and reenact § 15.2-2118 of the Code of Virginia, relating to liens for water and sewer charges.

H.B. 1437. An Act to amend the Code of Virginia by adding a section numbered 15.2-961.1, relating to the conservation of trees during land development process in localities.

H.B. 1476. An Act to amend and reenact § 24.2-625.2 of the Code of Virginia, relating to elections equipment; wireless communications at polling places; exceptions.

H.B. 1477. An Act to amend and reenact §§ 24.2-310 and 24.2-601 of the Code of Virginia, relating to elections; town election polling places and processes.

H.B. 1480. An Act to amend the Code of Virginia by adding a section numbered 15.2-1511.01, relating to allowances to injured deputy sheriffs.

H.B. 1494. An Act to make technical adjustments to certain Congressional, Senatorial, and House of Delegates District boundaries.

February 28, 2008

S.B. 61. An Act to amend the Code of Virginia by adding a section numbered 22.1-16.4, relating to the creation of a nutrition and physical activity best practices database.

S.B. 174. An Act to amend and reenact § 58.1-3221.2 of the Code of Virginia, relating to classification of certain energy-efficient buildings for local real estate taxation.

S.B. 230. An Act to amend and reenact § 15.2-2244 of the Code of Virginia, relating to family subdivisions.

S.B. 232. An Act to amend the Code of Virginia by adding a section numbered 8.01-226.12, relating to landlord immunity for mold claims if in compliance with the Virginia Residential Landlord and Tenant Act.

S.B. 241. An Act to amend and reenact §§ 22.1-253.13:7, 22.1-298.1, 22.1-313, and 63.2-1503 of the Code of Virginia, and to amend the Code of Virginia by adding a section numbered 19.2-291.1, relating to certain crimes committed by persons holding licenses issued by the Board of Education.

S.B. 288. An Act to amend and reenact § 2.2-1204 of the Code of Virginia, relating to the local choice health insurance program; centers for independent living.

S.B. 376. An Act to amend and reenact § 22.1-93 of the Code of Virginia, relating to publication of the approved annual budget for school purposes. JOURNAL OF THE SENATE -1217- Thursday, February 28, 2008

S.B. 389. An Act to amend and reenact § 23-165.4 of the Code of Virginia, relating to Virginia State University Board of Visitors.

S.B. 463. An Act to amend and reenact § 32.1-37 of the Code of Virginia, relating to reporting of infectious diseases.

S.B. 607. An Act to amend and reenact § 46.2-2800 of the Code of Virginia, relating to definitions; towing and recovery operator.

February 28, 2008

H.B. 149. An Act to amend and reenact §§ 16.1-228, 16.1-281 through 16.1-282.2, 63.2-100, 63.2-904 through 63.2-906, and 63.2-1819 of the Code of Virginia, relating to independent living services and independent living arrangements.

H.B. 453. An Act to amend the Code of Virginia by adding in Article 15 of Chapter 1 of Title 33.1 a section numbered 33.1-223.2:18, relating to installation of signs or other devices to indicate school bus stops.

H.B. 542. An Act to amend and reenact § 38.2-1833 of the Code of Virginia, relating to appointments of insurance agents.

H.B. 627. An Act to amend and reenact § 56-560 of the Code of Virginia, relating to the Public-Private Transportation Act of 1995.

H.B. 655. An Act to amend and reenact § 3.1-796.93:1 of the Code of Virginia, relating to dangerous dogs.

H.B. 682. An Act to amend and reenact § 19.2-316.2 of the Code of Virginia, relating to detention center incarceration programs.

H.B. 698. An Act to amend and reenact §§ 58.1-3211 and 58.1-3211.1 of the Code of Virginia, relating to real estate tax exemption for the elderly and disabled.

H.B. 715. An Act to amend and reenact § 19.2-130 of the Code of Virginia, relating to resetting of bail, amending bail set upon arrest.

H.B. 831. An Act to amend and reenact §§ 6.1-2.27:1 and 38.2-1834.1 of the Code of Virginia, relating to the confidentiality of information obtained by the State Corporation Commission.

H.B. 833. An Act to amend and reenact §§ 46.2-1548, 46.2-1549, 46.2-1550, and 58.1-2403 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 46.2-602.2, relating to titling and registration of company vehicles of automotive manufacturers; exemption of such vehicles from the motor vehicle sales and use tax.

H.B. 837. An Act to amend and reenact §§ 10.1-603.17, 15.2-2224, 15.2-2235, 15.2-2241, 15.2-2258, 15.2-2283, 15.2-2284, and 55-519 of the Code of Virginia, to amend the Code of Virginia by adding sections numbered 10.1-603.19:1, 10.1-606.2, 10.1-606.3, 10.1-606.4, 15.2-2243.1, and 15.2-2295.2, and to repeal § 10.1-606.1 of the Code of Virginia, relating to the establishment of dam break inundation zone requirements. Thursday, February 28, 2008 -1218- JOURNAL OF THE SENATE

H.B. 850. An Act to amend and reenact §§ 63.2-900 and 63.2-902 of the Code of Virginia, relating to a foster care agreement.

H.B. 870. An Act to amend and reenact §§ 28.2-1208, 45.1-161.5, and 45.1-383 of the Code of Virginia, relating to changing the name of the Division of Mineral Resources.

H.B. 873. An Act to amend and reenact § 18.2-308 of the Code of Virginia, relating to concealed handgun permits; proof of competency with a handgun.

H.B. 875. An Act to amend and reenact § 46.2-931 of the Code of Virginia, relating to distribution of handbills, etc., in highway rights-of-way.

H.B. 946. An Act to amend and reenact § 63.2-1231 of the Code of Virginia, relating to adoption; period of validity of home study.

H.B. 1000. An Act to amend and reenact § 58.1-344.3 of the Code of Virginia, relating to voluntary contributions of refunds.

H.B. 1205. An Act to amend and reenact § 19.2-316.3 of the Code of Virginia, relating to diversion center incarceration programs.

H.B. 1479. An Act to amend and reenact § 58.1-3211 of the Code of Virginia, relating to real property tax relief for the elderly and handicapped.

H.B. 1530. An Act to amend and reenact §§ 16.1-252 and 16.1-281 of the Code of Virginia, and to amend the Code of Virginia by adding a section numbered 63.2-900.2, relating to foster children; group placement of siblings and visitation.

February 28, 2008

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

H.B. 66. An Act to amend and reenact § 32.1-69.3 of the Code of Virginia, relating to the Cord Blood Bank Initiative.

H.B. 97. An Act to amend and reenact § 22.1-253.13:4 of the Code of Virginia, relating to the requirements for an advanced technical diploma.

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

H.B. 216. An Act to amend and reenact § 32.1-283 of the Code of Virginia, relating to consent to remove transplantable organs and tissue.

H.B. 361. An Act to amend and reenact §§ 58.1-605 and 58.1-606 of the Code of Virginia, relating to sales and use tax on motor vehicle repairs in certain localities; exemption of motor vehicle towing charges.

H.B. 388. An Act to amend and reenact § 2.2-1151 of the Code of Virginia, relating to conveyance of easements by state agencies. JOURNAL OF THE SENATE -1219- Thursday, February 28, 2008

H.B. 502. An Act to amend and reenact § 32.1-102.3 of the Code of Virginia, relating to certificate of public need; fostering competition.

H.B. 505. An Act to repeal § 2.2-2695 of the Code of Virginia, relating to the Interagency Civil Admissions Advisory Council.

H.B. 575. An Act to amend and reenact §§ 54.1-1115 and 59.1-200 of the Code of Virginia, relating to the Virginia Consumer Protection Act; unlicensed activity by a contractor.

H.B. 579. An Act to amend and reenact §§ 58.1-605, 58.1-606, and 58.1-622 of the Code of Virginia, relating to sales and use tax; compensating dealers for collecting and remitting the tax.

H.B. 605. An Act to amend and reenact § 54.1-111 of the Code of Virginia, relating to corporations rendering professional services.

H.B. 626. An Act to amend and reenact § 2.2-4501 of the Code of Virginia, relating to the Investment of Public Funds Act; legal investment of certain funds; volunteer fire and rescue squad pension programs.

H.B. 674. An Act to amend and reenact § 2.2-703 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-703.1, relating to a four-year plan for aging services in the Commonwealth.

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

H.B. 725. An Act to amend and reenact § 54.1-3813 of the Code of Virginia, relating to equine dental technicians.

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

H.B. 767. An Act to amend and reenact § 22.1-254.1 of the Code of Virginia, relating to requirements for home instruction.

H.B. 769. An Act to amend and reenact §§ 22.1-151 and 22.1-161 of the Code of Virginia, relating to the Literary Fund.

H.B. 805. An Act to amend and reenact §§ 54.1-2983 and 54.1-2985 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 29 of Title 54.1 an article numbered 9, consisting of sections numbered 54.1-2994, 54.1-2995, and 54.1-2996, relating to an Advance Health Care Directive Registry.

H.B. 824. An Act to amend and reenact § 2.2-216 of the Code of Virginia, relating to coordination of water quality information by the Secretary of Natural Resources.

H.B. 827. An Act to amend and reenact §§ 58.1-4006 and 58.1-4007 of the Code of Virginia, relating to the State Lottery Department; powers of the Director and the Board. Thursday, February 28, 2008 -1220- JOURNAL OF THE SENATE

H.B. 838. An Act to amend the Code of Virginia by adding a section numbered 9.1-108.1, relating to the Board for Criminal Justice Services; establishment of Executive Committee.

H.B. 839. An Act to amend the Code of Virginia by adding in Chapter 27 of Title 2.2 an article numbered 9, consisting of sections numbered 2.2-2732 and 2.2-2733, relating to the State Interoperability Executive Committee.

H.B. 845. An Act to amend Chapter 39 of the Acts of Assembly of 1932, which provided a charter for the City of Winchester, by adding a section numbered 5.02 and to amend such chapter by repealing a section numbered 5.01, relating to the annual budget.

H.B. 900. An Act to amend and reenact § 2.2-1133 of the Code of Virginia, relating to Department of General Services; Division of Engineering and Buildings; use of value engineering.

H.B. 944. An Act to amend and reenact § 2.2-4301 of the Code of Virginia, relating to the Virginia Public Procurement Act; procurement of professional services for certain transportation projects.

H.B. 952. An Act to amend and reenact § 19.2-168 of the Code of Virginia, relating to time period for notice to Commonwealth of defense insanity plea.

H.B. 983. An Act to amend and reenact §§ 2.28 and 2.29, as amended, of Chapter 209 of the Acts of Assembly of 1968, which provided a charter for the City of Radford, relating to director of finance and city attorney.

H.B. 1003. An Act to amend and reenact § 54.1-3012.1 of the Code of Virginia, relating to nursing workforce information; publication on website.

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

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

H.B. 1023. An Act to amend and reenact § 2.2-4806 of the Code of Virginia, and to amend the Code of Virginia by adding in Chapter 48 of Title 2.2 a section numbered 2.2-4809, relating to collection of debts owed the Commonwealth; reciprocal agreement with the federal government.

H.B. 1040. An Act to amend and reenact § 32.1-127.1:03 of the Code of Virginia, relating to health records privacy; providing information after execution of search warrant.

H.B. 1058. An Act to amend and reenact § 23-9.2:3 of the Code of Virginia, relating to release of educational records.

H.B. 1061. An Act to amend and reenact § 15.2-2286 of the Code of Virginia, relating to permitted provisions in zoning ordinances.

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

H.B. 1114. An Act to amend and reenact § 54.1-2106.1 of the Code of Virginia, relating to the Real Estate Board; real estate firm licenses. JOURNAL OF THE SENATE -1221- Thursday, February 28, 2008

H.B. 1129. An Act to amend and reenact §§ 54.1-3434, 54.1-3434.2, 54.1-3435, 54.1-3435.01, 54.1-3435.2, 54.1-3435.4, and 54.1-3439 of the Code of Virginia, relating to the expiration of various pharmacy licenses.

H.B. 1167. An Act to standardize public participation guidelines for executive branch agencies.

H.B. 1203. An Act to amend and reenact §§ 37.2-416 and 37.2-506 of the Code of Virginia, relating to background checks for direct care employees.

H.B. 1215. An Act to amend and reenact § 9, as amended, of Chapter 78 of the Acts of Assembly of 1968, which provided a charter for the City of Emporia, relating to appointments to housing and redevelopment authority.

H.B. 1236. An Act to amend and reenact § 9.1-102 of the Code of Virginia, relating to the Department of Criminal Justice Services; powers and duties.

H.B. 1240. An Act to amend and reenact § 55-248.45 of the Code of Virginia, relating to the Manufactured Home Lot Rental Act; access of tenant to cable, satellite and other television facilities.

H.B. 1260. An Act to amend and reenact § 54.1-2969 of the Code of Virginia, relating to blood donation by minors.

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

H.B. 1312. An Act to amend and reenact §§ 2.2-435.7 and 2.2-2669 of the Code of Virginia, relating to the Virginia Workforce Council; workforce development.

H.B. 1323. An Act to amend and reenact § 37.2-809 of the Code of Virginia, relating to temporary detention orders being issued pursuant to the evaluation of a treating physician.

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

H.B. 1355. An Act to amend and reenact § 15.2-2123 of the Code of Virginia, relating to sewage treatment plants.

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

H.B. 1447. An Act to amend and reenact § 2.2-708 of the Code of Virginia, relating to the Department for the Aging; coordination of local long-term care services.

H.B. 1470. An Act to amend and reenact § 55-70.1 of the Code of Virginia, relating to home owner notice of breach of warranty; notice to vendors.

H.B. 1521. An Act to amend and reenact § 54.1-2816.1 of the Code of Virginia, relating to continuing education for funeral directors and embalmers. Thursday, February 28, 2008 -1222- JOURNAL OF THE SENATE

February 28, 2008

S.B. 40. An Act to amend the Code of Virginia by adding in Chapter 4 of Title 10.1 sections numbered 10.1-418.4 and 10.1-418.5, relating to scenic rivers.

S.B. 45. An Act to amend and reenact § 114, as amended, of Chapter 34 of the Acts of Assembly of 1918, which provided a charter for the City of Norfolk, relating to officers exempted from classified service.

S.B. 74. An Act to amend the Code of Virginia by adding in Chapter 9 of Title 9.1 a section numbered 9.1-922, relating to the Crimes Against Minors and Sex Offender Registry.

S.B. 98. An Act to amend and reenact § 23-185 of the Code of Virginia, relating to Longwood University’s board of visitors.

S.B. 158. An Act to amend the Code of Virginia by adding a section numbered 6.1-2.13:3, relating to the Wet Settlement Act; disclosure of appraisal charges.

S.B. 200. An Act to amend the Code of Virginia by adding a section numbered 53.1-32.2, relating to reentry planning.

S.B. 227. An Act to amend and reenact § 32.1-45.1 of the Code of Virginia, relating to consent for the testing of minors for HIV and hepatitis.

S.B. 375. An Act to amend and reenact § 4, as amended, of Chapter 261 of the Acts of Assembly of 1960, which provided a charter for the Town of Colonial Beach, relating to the police department.

S.B. 378. An Act to amend and reenact § 10.1-603.4 of the Code of Virginia, relating to the reclamation of stormwater.

S.B. 380. An Act to amend and reenact § 19.2-169.3 of the Code of Virginia, relating to incompetent defendants who committed only misdemeanors.

S.B. 381. An Act to amend and reenact §§ 37.2-416 and 37.2-506 of the Code of Virginia, relating to background checks for direct care employees.

S.B. 382. An Act to amend and reenact §§ 18.2-308.2:01 and 18.2-308.2:1 of the Code of Virginia, relating to the sale of firearms to persons not lawfully present in the United States; penalty.

S.B. 383. An Act to amend the Code of Virginia by adding in Title 30 a chapter numbered 45, consisting of sections numbered 30-293 through 30-300, relating to the Virginia Bicentennial of the American War of 1812 Commission and Fund; report.

S.B. 390. An Act to amend and reenact §§ 27-6.1, 27-13, 27-14, 27-15.1, 27-20, 27-34, and 27-85.4 of the Code of Virginia, relating to the fire and emergency medical departments and companies; director of fire and emergency medical services.

S.B. 393. An Act to amend and reenact § 15.2-2307 of the Code of Virginia, relating to variances; nonconforming uses.

S.B. 428. An Act to amend and reenact § 15.2-2286 of the Code of Virginia, relating to administrative inspection warrants. JOURNAL OF THE SENATE -1223- Thursday, February 28, 2008

S.B. 505. An Act to amend and reenact § 1 of Article I, § 1 of Article II, § 1, as amended, of Article III, § 1, as amended, of Article IV, § 1 of Article V, § 1 of Article VI, § 1 of Article VII, § 1 of Article VIII, § 1, as amended, of Article IX, § 1 of Article X, and § 1 of Article XI of Chapter 177 of the Acts of Assembly of 1948, which provided a charter for the Town of Bowling Green; and to amend Chapter 177 of the Acts of Assembly of 1948 by adding in Article III sections numbered 2 and 3, relating to Town of Bowling Green officers and elections.

S.B. 538. An Act to amend the Code of Virginia by adding in Chapter 1 of Title 23 a section numbered 23-9.2:9, relating to the establishment of a first warning notification and emergency broadcast system at every public institution of higher education.

S.B. 609. An Act to amend and reenact §§ 19.2-294.2 and 53.1-218 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 7 of Title 19.2 a section numbered 19.2-83.2, relating to reports on alien status of jail and correctional facility inmates.

S.B. 617. An Act to amend and reenact § 29.1-300.1 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 29.1-300.4, relating to establishing an apprentice hunting license.

S.B. 640. An Act to amend and reenact § 22.1-207.1 of the Code of Virginia, relating to family life education; mental health.

S.B. 663. An Act to amend and reenact §§ 3.1-796.96 and 18.2-510 of the Code of Virginia, relating to companion animal fees.

S.B. 689. An Act to amend and reenact § 45.1-394 of the Code of Virginia, relating to biodiesel fuels.

S.B. 701. An Act to amend and reenact § 2.2-708 of the Code of Virginia, relating to the Department for the Aging; coordination of local long-term care services.

S.B. 727. An Act to amend and reenact § 1 of Chapter 654 of the Acts of Assembly of 1990, which provided a charter for the City of Fredericksburg, relating to leasing as lessee certain property.

S.B. 742. An Act to amend and reenact § 15.2-3201 of the Code of Virginia, relating to annexation.

S.B. 785. An Act to amend and reenact § 2.2-2818 of the Code of Virginia and to repeal § 38.2-3418.1:1 of the Code of Virginia, relating to mandated coverage for bone marrow transplants.

S.B. 794. An Act to amend and reenact § 3 of Chapter 680 of the Acts of Assembly of 2005 and to amend Chapter 680 of the Acts of Assembly of 2005 by adding sections numbered 15 through 22, relating to the Clarksville-Boydton Airport Commission.

The President of the Senate, pursuant to § 30-14.2 of the Code of Virginia, on the date recorded below, signed the following bill that had been amended in accordance with the recommendation of the Governor and reenrolled:

February 28, 2008

H.B. 1259. (Reenrolled.) An Act to amend and reenact § 10.1-1188 of the Code of Virginia, relating to the definition of major projects. Thursday, February 28, 2008 -1224- JOURNAL OF THE SENATE

On motion of Senator Colgan, the Senate adjourned until tomorrow at 11:00 a.m.

William T. Bolling President of the Senate

Susan Clarke Schaar Clerk of the Senate