Wednesday, March 7, 2012 -1396- JOURNAL of the SENATE

Wednesday, March 7, 2012 -1396- JOURNAL OF THE SENATE

WEDNESDAY, MARCH 7, 2012

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

The Reverend Dr. A. Lincoln James, Jr., Trinity Baptist Church, Richmond, Virginia, offered the following prayer:

Eternal God, our Father, with whom we live and move and have our being, we beseech Thee this morning that the power of Your presence might emit through the hallowed halls of this chamber. Grant these legislators purity of heart and strength of purpose so that no selfish passion may hinder them from doing what is right and noble. Give them in the discharge of their duty, the constant awareness that they must always remember the plight of the least, the last, and the unlovely of our Commonwealth. Grant now these men and women who have been elevated to high positions of public trust, give them a vision of a better Virginia and a stronger Commonwealth, so that all of Virginia citizens may live under the power of God and the understanding of our collective humanity. Finally Father, touch our hearts, search our conscience, and cast out of us every evil thought and base desire that we may be about Thy perfect will. We ask these things in the name of our Creator and the Sustainer of the universe. Amen.

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

Barker, Black, Blevins, 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, Petersen, Puckett, Puller, Reeves, Ruff, Saslaw, Smith, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins.

A quorum was present.

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

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

The recorded vote is as follows: YEAS--35. NAYS--4. RULE 36--0.

YEAS--Barker, Black, Blevins, 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, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins--35. NAYS--Deeds, Garrett, Petersen, Smith--4. RULE 36--0.

HOUSE COMMUNICATIONS

The following communications were received:

In the House of Delegates March 6, 2012

THE HOUSE OF DELEGATES HAS PASSED THE FOLLOWING SENATE BILL:

S.B. 240. A BILL to provide for the submission to the voters of a proposed amendment to Section 11 of Article I of the Constitution of Virginia, relating to taking or damaging of private property. JOURNAL OF THE SENATE -1397- Wednesday, March 7, 2012

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

H.B. 736. A BILL to provide for a revised primary and filing schedule for the November 2012 election and to schedule the 2012 primary for August 7, 2012; petition requirements. EMERGENCY

H.B. 745. A BILL to require the development of a weighted caseload system by the Supreme Court of Virginia and report findings to the General Assembly.

H.B. 964. A BILL to amend the Code of Virginia by adding a section numbered 18.2-374.4, relating to display of child pornography or grooming video to a minor unlawful; penalty.

H.B. 1128. A BILL to amend and reenact §§ 58.1-3969, 58.1-3971, and 58.1-3974 of the Code of Virginia, relating to delinquent real property taxes.

H.B. 1219. 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.

H.B. 1243. A BILL to amend and reenact §§ 2.1 and 11, § 13, as amended, and § 15 of Chapter 477 of the Acts of Assembly of 1954, which provided a charter for the Town of Middletown, in Frederick County, relating to elections; council. EMERGENCY

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

H.B. 190. A BILL to amend and reenact § 2.2-4002 of the Code of Virginia and to amend the Code of Virginia by adding in Article 2.3 of Chapter 32 of Title 58.1 a section numbered 58.1-3219.7, relating to real property tax exemption for disabled veterans. EMERGENCY

H.B. 199. A BILL to amend and reenact § 15.2-2118 of the Code of Virginia, relating to liens for water and sewer charges.

H.B. 919. A BILL to amend and reenact §§ 46.2-617 and 58.1-3942 of the Code of Virginia, relating to personal property tax; property distrained for delinquent taxes.

H.B. 1273. A BILL to amend and reenact §§ 38.2-4214, as it is currently effective and as it shall become effective, and 38.2-4319, as it is currently effective and as it shall become effective, of the Code of Virginia and to amend the Code of Virginia by adding in Article 1 of Chapter 34 of Title 38.2 a section numbered 38.2-3407.18, relating to requirements for orally administered cancer chemotherapy drugs.

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

S.J.R. 3. Proposing an amendment to Section 11 of Article I of the Constitution of Virginia, relating to taking or damaging of private property.

S.J.R. 192. Commending George Mason University. Wednesday, March 7, 2012 -1398- JOURNAL OF THE SENATE

S.J.R. 193. Celebrating the life of Kathleen Nunn Walker.

S.J.R. 194. Commending Officer Candidate Joshua Moore and Midshipman Jason Benning.

S.J.R. 195. Commending the Hampton-Newport News Community Services Board.

S.J.R. 196. Celebrating the life of George T. Keller, Jr.

S.J.R. 197. Celebrating the life of William Andrew Patton.

S.J.R. 198. Celebrating the life of Michael A. Bucci.

S.J.R. 200. Commending the Gar-Field High School boys’ basketball team.

S.J.R. 202. Celebrating the life of Debra Chittum Cox.

S.J.R. 203. Commending the Colonial Forge High School wrestling team.

S.J.R. 204. Celebrating the life of Donald Wray Lewis, M.D.

S.J.R. 205. Commending James C. Rees IV.

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

In the House of Delegates March 6, 2012

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

H.J.R. 384. Commending George Mason University.

H.J.R. 483. Celebrating the life of Herbert W. Guthrie.

H.J.R. 484. Celebrating the life of Bernard Henry Ferron.

H.J.R. 485. Celebrating the life of J. Clifford Hutt.

H.J.R. 486. Commending Billy Sydnor.

H.J.R. 487. Commending Virgil R. Hazelett.

H.J.R. 488. Commending the Patrick Henry College moot court national championship team.

H.J.R. 489. Commending “The Forget Me Not Project.”

H.J.R. 490. Celebrating the life of Alicia Marie Lannes.

H.J.R. 491. Celebrating the life of Young Woo Kang, Ph.D.

H.J.R. 492. Commending Friends of Cedar Mountain Battlefield, Inc. JOURNAL OF THE SENATE -1399- Wednesday, March 7, 2012

H.J.R. 493. Commending William R. Snead.

H.J.R. 494. Commending Annin Flagmakers.

H.J.R. 495. Commending the Indian American community of Northern Virginia.

H.J.R. 496. Commending the St. Christopher’s School wrestling team on winning its eleventh consecutive VISAA state championship.

H.J.R. 497. Commending the Francis Scott Key Elementary School Dual Language (Two-Way Immersion) Program.

H.J.R. 498. Commending Stephen L. Thompson, M.D.

H.J.R. 499. Commending Hugh W. Rosser.

H.J.R. 500. Commending Dr. Thomas G. Digges, Jr.

H.J.R. 501. Commending James D. Swinson.

H.J.R. 502. Commending Iris E. Holliday.

H.J.R. 503. Commending Carole Weinstein.

H.J.R. 504. Celebrating the life of the Reverend Dr. Marjorie Leeper Booker.

H.J.R. 505. Celebrating the life of J. Curtis Fruit.

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--36. NAYS--4. 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, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins--36. NAYS--Deeds, Garrett, Petersen, Smith--4. RULE 36--0.

STATEMENT ON VOTE

Senator Carrico was granted a leave of absence for the day; however, he was inadvertently recorded as voting yea on the question of suspending the Rules and waiving the reading of the communications from the House of Delegates. Wednesday, March 7, 2012 -1400- JOURNAL OF THE SENATE

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

H.J.R. 384, H.J.R. 483, H.J.R. 484, H.J.R. 485, H.J.R. 486, H.J.R. 487, H.J.R. 488, H.J.R. 489, H.J.R. 490, H.J.R. 491, H.J.R. 492, H.J.R. 493, H.J.R. 494, H.J.R. 495, H.J.R. 496, H.J.R. 497, H.J.R. 498, H.J.R. 499, H.J.R. 500, H.J.R. 501, H.J.R. 502, H.J.R. 503, H.J.R. 504, and H.J.R. 505.

RECESS

At 11:20 a.m., Senator Norment moved that the Senate recess until 11:35 a.m.

The motion was agreed to.

The hour of 11:35 a.m. having arrived, the Chair was resumed.

COMMITTEE REPORT

Senator Norment, from the Committee for Courts of Justice, presented the following reports:

SENATE OF VIRGINIA

March 7, 2012

TO THE SENATE OF VIRGINIA:

The Committee for Courts of Justice hereby certifies that the following persons are qualified for the Court of Appeals of Virginia as follows:

The Honorable Teresa M. Chafin, of Russell, as a judge of the Court of Appeals of Virginia for a term of eight years commencing April 1, 2012.

Collin J. Hite, of Henrico, as a judge of the Court of Appeals of Virginia for a term of eight years commencing April 1, 2012.

The Honorable Victor V. Ludwig, of Staunton, as a judge of the Court of Appeals of Virginia for a term of eight years commencing April 1, 2012.

Maureen R. Matsen, of Richmond, as a judge of the Court of Appeals of Virginia for a term of eight years commencing April 1, 2012.

Monica T. Monday, of Martinsville, as a judge of the Court of Appeals of Virginia for a term of eight years commencing April 1, 2012.

The Honorable Lorraine Nordlund, of Fairfax, as a judge of the Court of Appeals of Virginia for a term of eight years commencing April 1, 2012.

Larry W. Shelton, of Botetourt, as a judge of the Court of Appeals of Virginia for a term of eight years commencing April 1, 2012.

The Honorable Josiah T. Showalter, of Montgomery, as a judge of the Court of Appeals of Virginia for a term of eight years commencing April 1, 2012. JOURNAL OF THE SENATE -1401- Wednesday, March 7, 2012

Respectfully submitted,

/s/ Thomas K. Norment, Jr., Chairman Committee for Courts of Justice

SENATE OF VIRGINIA

March 7, 2012

TO THE SENATE OF VIRGINIA:

The Committee for Courts of Justice hereby certifies that the following persons are qualified for the respective circuit court judgeships, as follows:

Nathan C. Lee, of Hopewell, as a judge of the Sixth Judicial Circuit for a term of eight years commencing July 1, 2012.

The Honorable Michael E. McGinty, of James City County, as a judge of the Ninth Judicial Circuit for a term of eight years commencing July 1, 2012.

Darrel W. Puckett, of Appomattox, as a judge of the Tenth Judicial Circuit for a term of eight years commencing July 1, 2012.

F. Acie Allen, Jr., of Buckingham, as a judge of the Tenth Judicial Circuit for a term of eight years commencing July 1, 2012.

Steven C. McCallum, of Richmond, as a judge of the Twelfth Judicial Circuit for a term of eight years commencing July 1, 2012.

The Honorable Gregory L. Rupe, of Richmond, as a judge of the Thirteenth Judicial Circuit for a term of eight years commencing July 1, 2012.

The Honorable Richard S. Wallerstein, Jr., of Henrico, as a judge of the Fourteenth Judicial Circuit for a term of eight years commencing July 1, 2012.

David M. Barredo, of Culpeper, as a judge of the Sixteenth Judicial Circuit for a term of eight years commencing July 1, 2012.

Dale B. Durrer, of Culpeper, as a judge of the Sixteenth Judicial Circuit for a term of eight years commencing July 1, 2012.

Richard E. Moore, of Albemarle, as a judge of the Sixteenth Judicial Circuit for a term of eight years commencing July 1, 2012.

Claiborne H. Stokes, Jr., of Goochland, as a judge of the Sixteenth Judicial Circuit for a term of eight years commencing July 1, 2012.

The Honorable Susan L. Whitlock, of Louisa, as a judge of the Sixteenth Judicial Circuit for a term of eight years commencing July 1, 2012.

Daniel S. Fiore, II, of Arlington, as a judge of the Seventeenth Judicial Circuit for a term of eight years commencing July 1, 2012. Wednesday, March 7, 2012 -1402- JOURNAL OF THE SENATE

James C. Martin, of Danville, as a judge of the Twenty-second Judicial Circuit for a term of eight years commencing July 1, 2012.

The Honorable Stacey Moreau, of Pittsylvania, as a judge of the Twenty-second Judicial Circuit for a term of eight years commencing August 1, 2012.

Glenn W. Pulley, of Danville, as a judge of the Twenty-second Judicial Circuit for a term of eight years commencing July 1, 2012.

The Honorable Marcus H. Long, Jr., of Montgomery, as a judge of the Twenty-seventh Judicial Circuit for a term of eight years commencing July 1, 2012.

The Honorable Sage B. Johnson, of Washington, as a judge of the Twenty-eighth Judicial Circuit for a term of eight years commencing July 1, 2012.

Respectfully submitted,

/s/ Thomas K. Norment, Jr., Chairman Committee for Courts of Justice

SENATE OF VIRGINIA

March 7, 2012

TO THE SENATE OF VIRGINIA:

The Committee for Courts of Justice hereby certifies that the following persons are qualified for the respective general district court judgeships, as follows:

Michael R. Katchmark, of Chesapeake, as a judge of the First Judicial District for a term of six years commencing July 1, 2012.

Daniel R. Lahne, of Virginia Beach, as a judge of the Second Judicial District for a term of six years commencing July 1, 2012.

Bruce A. Clark, Jr., of Hopewell, as a judge of the Sixth Judicial District for a term of six years commencing July 1, 2012.

Elbert D. Mumphery, IV, of Henrico, as a judge of the Sixth Judicial District for a term of six years commencing July 1, 2012.

Nelson H. C. Fisher, of Dinwiddie, as a judge of the Eleventh Judicial District for a term of six years commencing July 1, 2012.

Mayo K. Gravatt, of Nottoway, as a judge of the Eleventh Judicial District for a term of six years commencing July 1, 2012.

Tracy Thorne-Begland, of Richmond, as a judge of the Thirteenth Judicial District for a term of six years commencing July 1, 2012.

Deborah C. Welsh, of Loudoun, as a judge of the Twentieth Judicial District for a term of six years commencing July 1, 2012. JOURNAL OF THE SENATE -1403- Wednesday, March 7, 2012

William Chapman Goodwin, of Staunton, as a judge of the Twenty-fifth Judicial District for a term of six years commencing July 1, 2012.

V. Blake McKinney, of Washington, as a judge of the Twenty-eighth Judicial District for a term of six years commencing July 1, 2012.

Respectfully submitted,

/s/ Thomas K. Norment, Jr., Chairman Committee for Courts of Justice

SENATE OF VIRGINIA

March 7, 2012

TO THE SENATE OF VIRGINIA:

The Committee for Courts of Justice hereby certifies that the following persons are qualified for the respective juvenile and domestic relations district court judgeships, as follows:

Tanya Bullock, of Virginia Beach, as a judge of the Second Judicial District for a term of six years commencing July 1, 2012.

Wade A. Bowie, of York, as a judge of the Ninth Judicial District for a term of six years commencing July 1, 2012.

Julianne B. Dias, of Gloucester, as a judge of the Ninth Judicial District for a term of six years commencing July 1, 2012.

Melanie B. Economou, of Virginia Beach, as a judge of the Ninth Judicial District for a term of six years commencing July 1, 2012.

Robert D. Hicks, of Gloucester, as a judge of the Ninth Judicial District for a term of six years commencing July 1, 2012.

Cressondra B. Conyers, of Williamsburg, as a judge of the Ninth Judicial District for a term of six years commencing July 1, 2012.

Tracey Q. Martin, of Halifax, as a judge of the Tenth Judicial District for a term of six years commencing July 1, 2012.

Robert H. Morrison, of Halifax, as a judge of the Tenth Judicial District for a term of six years commencing July 1, 2012.

J. David Rigler, of Chesterfield, as a judge of the Twelfth Judicial District for a term of six years commencing July 1, 2012.

Rondelle D. Herman, of Richmond, as a judge of the Fourteenth Judicial District for a term of six years commencing July 1, 2012.

Randall G. Johnson, Jr., of Henrico, as a judge of the Fourteenth Judicial District for a term of six years commencing July 1, 2012. Wednesday, March 7, 2012 -1404- JOURNAL OF THE SENATE

Allen W. Dudley, Jr., of Franklin, as a judge of the Twenty-second Judicial District for a term of six years commencing July 1, 2012.

Brian H. Turpin, of Pittsylvania, as a judge of the Twenty-second Judicial District for a term of six years commencing August 1, 2012.

Bradley W. Finch, of Montgomery, as a judge of the Twenty-seventh Judicial District for a term of six years commencing July 1, 2012.

K. Mike Fleenor, Jr., of Pulaski, as a judge of the Twenty-seventh Judicial District for a term of six years commencing July 1, 2012.

Monica Dawn Cox, of Galax, as a judge of the Twenty-seventh Judicial District for a term of six years commencing July 1, 2012.

Deanis L. Simmons, of Bristol, as a judge of the Twenty-eighth Judicial District for a term of six years commencing July 1, 2012.

Respectfully submitted,

/s/ Thomas K. Norment, Jr., Chairman Committee for Courts of Justice

JOINT ORDER FOR ELECTIONS

The morning hour of each house having been concluded, the President stated that the Senate on its part was ready to proceed, pursuant to House Joint Resolution No. 5, with the execution of the Joint Order to the election of a judge of the Court of Appeals of Virginia, certain judges, and other officers of the Commonwealth.

Senator McDougle moved that, pursuant to H.J.R. 5 (five), the special and continuing joint order relating to judicial elections be suspended until the completion of the Senate’s morning hour on Thursday, March 8, 2012.

The motion was agreed to.

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

YEAS--Barker, Black, Blevins, 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.

Senator McDougle was ordered to inform the House of Delegates thereof. JOURNAL OF THE SENATE -1405- Wednesday, March 7, 2012

MESSAGE FROM THE HOUSE

A message was received from the House of Delegates by Delegate Cox, M.K., who informed the Senate that the House had agreed to suspend the special and continuing joint order until the completion of the House of Delegates’ morning hour on Thursday, March 8, 2012.

CALENDAR

CONFERENCE COMMITTEE REPORT

H.B. 48 (forty-eight), on motion of Senator Stuart, was recommitted to the Committee for Courts of Justice and continued to the 2013 Regular Session of the General Assembly, pursuant to Senate Rule 20 (g).

CONFERENCE COMMITTEE REPORT

Senator Wagner, for the committee of conference on S.B. 680 (six hundred eighty), presented the following report:

Joint Conference Committee Report On Senate Bill No. 680

We, the conferees, appointed by the respective bodies to consider and report upon the disagreeing vote on Senate Bill No. 680, report as follows:

We recommend that the House Amendment be accepted.

Respectfully submitted,

/s/ Senator Frank W. Wagner /s/ Senator Jill Holtzman Vogel /s/ Senator Ralph S. Northam Conferees on the part of the Senate

/s/ Delegate R. Lee Ware, Jr. /s/ Delegate Ronald A. Villanueva /s/ Delegate Betsy B. Carr Conferees on the part of the House

On motion of Senator Wagner, the joint conference committee report was agreed to.

The recorded vote is as follows: YEAS--31. NAYS--8. RULE 36--0.

YEAS--Barker, Black, Blevins, Colgan, Deeds, Favola, Garrett, Hanger, Marsh, Martin, McDougle, McEachin, McWaters, Miller, Y.B., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Reeves, Ruff, Saslaw, Smith, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins--31. NAYS--Ebbin, Edwards, Herring, Howell, Locke, Lucas, Marsden, Miller, J.C.--8. RULE 36--0. Wednesday, March 7, 2012 -1406- JOURNAL OF THE SENATE

UNFINISHED BUSINESS—HOUSE

H.B. 848 (eight hundred forty-eight), on motion of Senator Smith, was passed by temporarily.

H.B. 1034 (one thousand thirty-four) was taken up.

On motion of Senator McDougle, 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. 1124 (one thousand one hundred twenty-four) 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--39. NAYS--0. RULE 36--0.

H.B. 1160 (one thousand one hundred sixty), on motion of Senator Newman, was passed by temporarily.

CONFERENCE PROCEDURES

Senator McDougle, Chair of the Committee on Rules, appointed Senators Norment, Stosch, and Saslaw, the conferees on the part of the Senate for H.B. 349 (three hundred forty-nine).

Senator McDougle, Chair of the Committee on Rules, appointed Senators Norment, Stosch, and Saslaw, the conferees on the part of the Senate for H.B. 777 (seven hundred seventy-seven).

Senator McDougle, Chair of the Committee on Rules, appointed Senators Wagner, Watkins, and Howell, the conferees on the part of the Senate for H.J.R. 50 (fifty).

Senator McDougle, Chair of the Committee on Rules, appointed Senators Marsh, Lucas, and Watkins, the conferees on the part of the Senate for H.J.R. 65 (sixty-five). JOURNAL OF THE SENATE -1407- Wednesday, March 7, 2012

Senator McDougle, Chair of the Committee on Rules, appointed Senators Norment, Stosch, and Saslaw, the conferees on the part of the Senate for H.J.R. 85 (eighty-five).

UNFINISHED BUSINESS—HOUSE

H.B. 848 (eight hundred forty-eight) was taken up.

On motion of Senator Smith, 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. 1160 (one thousand one hundred sixty) was taken up.

Senator Norment moved that the Senate insist on its amendment and respectfully request a committee of conference.

Senator Petersen moved, as a substitute motion, that the Senate recede from its amendment to H.B. 1160.

Senator McDougle moved that H.B. 1160 be passed by for the day.

STATEMENT BY THE CHAIR

The Chair stated that the motion to pass H.B. 1160 by for the day was out of order.

The question was put on the Senate receding from its amendment to H.B. 1160.

The motion was agreed to.

The recorded vote is as follows: YEAS--28. NAYS--10. RULE 36--0.

YEAS--Barker, Black, Colgan, Deeds, Ebbin, Edwards, Garrett, Herring, Howell, Locke, Lucas, Marsden, Marsh, Martin, McEachin, McWaters, Miller, Y.B., Newman, Northam, Obenshain, Petersen, Puckett, Puller, Reeves, Smith, Stuart, Vogel, Wagner--28. NAYS--Favola, Hanger, McDougle, Miller, J.C., Norment, Ruff, Saslaw, Stanley, Stosch, Watkins--10. RULE 36--0.

The Senate receded from its amendment to H.B. 1160. Wednesday, March 7, 2012 -1408- JOURNAL OF THE SENATE

CONFERENCE COMMITTEE REPORT RECONSIDERATION

Senator Puckett moved to reconsider the vote by which the joint conference committee report on S.B. 680 (six hundred eighty) was agreed to.

The motion was agreed to.

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

YEAS--Barker, Black, 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--37. NAYS--0. RULE 36--0.

On motion of Senator Wagner, the joint conference committee report was agreed to.

The recorded vote is as follows: YEAS--26. NAYS--12. RULE 36--0.

YEAS--Barker, Black, Blevins, Deeds, Garrett, Hanger, Lucas, Martin, McDougle, McEachin, McWaters, Newman, Norment, Northam, Obenshain, Petersen, Puckett, Reeves, Ruff, Smith, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins--26. NAYS--Colgan, Ebbin, Edwards, Favola, Herring, Howell, Locke, Marsden, Marsh, Miller, J.C., Miller, Y.B., Puller--12. RULE 36--0.

UNFINISHED BUSINESS—HOUSE RECONSIDERATION

Senator Martin moved to reconsider the vote by which the Senate receded from its amendment to H.B. 1160 (one thousand one hundred sixty).

The motion was agreed to.

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

H.B. 1160, on motion of Senator Norment, was passed by for the day. JOURNAL OF THE SENATE -1409- Wednesday, March 7, 2012

UNFINISHED BUSINESS—SENATE

S.B. 41 (forty-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 for the relief of Thomas Edward Haynesworth.

Senator Marsh moved that the substitute be rejected.

The question was put on agreeing to the substitute.

The substitute was rejected.

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

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

S.B. 217 (two hundred seventeen), on motion of Senator Barker, was passed by for the day.

S.B. 536 (five hundred thirty-six) was taken up with the amendments proposed by the House of Delegates as follows:

1. Line 22, engrossed, after vote. insert However, a voter who returns his unused ballot to his proper polling place or central absentee voter precinct on election day shall be entitled to vote a regular ballot, and his unused ballot shall be preserved with other unused ballots.

2. Line 37, engrossed, after vote. insert However, a voter who returns his defaced or unfit ballot to his proper polling place or central absentee voter precinct on election day shall be entitled to vote a regular ballot, and his defaced or unfit ballot shall be preserved with other spoiled ballots.

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

The recorded vote is as follows: YEAS--31. NAYS--8. RULE 36--0.

YEAS--Barker, Black, Blevins, Colgan, Ebbin, Edwards, Favola, Garrett, Hanger, Marsden, Marsh, Martin, McDougle, McEachin, McWaters, Newman, Norment, Northam, Obenshain, Puckett, Puller, Reeves, Ruff, Saslaw, Smith, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins--31. NAYS--Deeds, Herring, Howell, Locke, Lucas, Miller, J.C., Miller, Y.B., Petersen--8. RULE 36--0. Wednesday, March 7, 2012 -1410- JOURNAL OF THE SENATE

S.B. 598 (five hundred ninety-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 the Code of Virginia by adding a section numbered 22.1-212.25:1, relating to public schools; virtual education.

Senator Newman moved that the substitute be rejected.

The question was put on agreeing to the substitute.

The substitute was rejected.

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

YEAS--0. NAYS--Barker, Black, Blevins, 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. 568 (five hundred sixty-eight) was taken up.

On motion of Senator Ebbin, 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.

HOUSE BILLS ON THIRD READING

H.B. 1294 (one thousand two hundred ninety-four), on motion of Senator Smith, was passed by for the day.

H.B. 1111 (one thousand one hundred eleven) 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 §§ 27-98 and 36-105 of the Code of Virginia, relating to fees for enforcement and appeals under Statewide Fire Prevention Code and Uniform Statewide Building Code.

The reading of the substitute was waived. JOURNAL OF THE SENATE -1411- Wednesday, March 7, 2012

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

H.B. 1111, on motion of Senator Ruff, was passed by temporarily.

H.B. 418 (four hundred eighteen) was taken up, committee amendments Nos. 1 and 2 having been agreed to and committee amendment No. 3 having been rejected on March 1, 2012.

Senator Barker offered the following amendments:

1. Line 69, engrossed, after assessment insert , (comma)

2. Line 69, engrossed, after or insert monthly or quarterly

3. Line 75, engrossed, after assessment insert , (comma)

4. Line 75, engrossed, after or insert monthly or quarterly

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

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

The amendments were ordered to be engrossed.

Senator Ruff moved that H.B. 418 be passed with its title.

The question was put on passing H.B. 418 with its title.

H.B. 418 was defeated with its title.

The recorded vote is as follows: YEAS--11. NAYS--26. RULE 36--1.

YEAS--Barker, Black, Deeds, Ebbin, Herring, Howell, Marsden, Marsh, Miller, Y.B., Puller, Ruff--11. NAYS--Blevins, Edwards, Garrett, Hanger, Locke, Lucas, Martin, McDougle, McEachin, McWaters, Miller, J.C., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Reeves, Saslaw, Smith, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins--26. RULE 36--Colgan--1.

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

H.B. 259 (two hundred fifty-nine), on motion of Senator Obenshain, was passed by for the day. Wednesday, March 7, 2012 -1412- JOURNAL OF THE SENATE

H.B. 1119 (one thousand one hundred nineteen) was taken up, the committee substitute having been agreed to and ordered to be engrossed on March 6, 2012.

RECONSIDERATION

Senator Martin moved to reconsider the vote by which the committee substitute to H.B. 1119 (one thousand one hundred nineteen) was agreed to and ordered to be engrossed.

The motion was agreed to.

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

Senator Martin moved that the substitute be rejected.

The question was put on agreeing to the substitute.

The substitute was rejected.

Senator Martin 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 § 29.1-744.3 of the Code of Virginia, relating to wake surfing.

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

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

The substitute was ordered to be engrossed.

H.B. 1119, on motion of Senator Hanger, was passed with its title.

The recorded vote is as follows: YEAS--35. NAYS--3. RULE 36--0.

YEAS--Barker, Blevins, Colgan, Deeds, Edwards, Favola, Garrett, Hanger, Herring, Howell, Locke, Lucas, 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--35. NAYS--Black, Ebbin, Marsden--3. RULE 36--0.

HOUSE JOINT RESOLUTION ON THIRD READING

H.J.R. 390 (three hundred ninety) was read by title the third time. JOURNAL OF THE SENATE -1413- Wednesday, March 7, 2012

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

Designating the third Monday in January, in 2013 and in each succeeding year, as Virginia National Guard Day in Virginia.

The reading of the substitute was waived.

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

The substitute was ordered to be engrossed.

H.J.R. 390, on motion of Senator McDougle, was agreed to.

HOUSE BILL ON THIRD READING

H.B. 1111 (one thousand one hundred eleven) was taken up.

The substitute was ordered to be engrossed.

H.B. 1111, on motion of Senator Ruff, was passed with its title.

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

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. 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. 443 (four hundred forty-three). H.J.R. 444 (four hundred forty-four). H.J.R. 453 (four hundred fifty-three). H.J.R. 464 (four hundred sixty-four). H.J.R. 465 (four hundred sixty-five). H.J.R. 468 (four hundred sixty-eight). H.J.R. 469 (four hundred sixty-nine). H.J.R. 470 (four hundred seventy). Wednesday, March 7, 2012 -1414- JOURNAL OF THE SENATE

H.J.R. 452 (four hundred fifty-two) was taken up, as follows:

HOUSE JOINT RESOLUTION NO. 452

Celebrating the life of Edgar Clarence Eck, Jr.

WHEREAS, Edgar Clarence Eck, Jr., a respected businessman and community builder who faithfully served the residents of the City of Richmond as a member of the Virginia House of Delegates from 1990 through 1991, died on February 2, 2012; and

WHEREAS, a native of Richmond, Edgar “Ed” Eck graduated from Benedictine High School and earned a bachelor’s degree at the University of Notre Dame, where he served as president of the senior class, played football, and helped create the school’s honor system; and

WHEREAS, Ed Eck returned to his hometown to join the family business, Southeastern Electric Supply Company, later known as Eck Supply Company, and formed his own company, Eck Enterprises, Inc., in the early 1980s; and

WHEREAS, Ed Eck envisioned a revitalization of the neighborhood where he worked and began to purchase and renovate local properties while working with a variety of community groups and city officials to create an Uptown Richmond that would welcome residents, businesses, and visitors; and

WHEREAS, a consensus builder, Ed Eck’s efforts eventually resulted in the rehabilitation of a neighborhood that today boasts attractive pastel-colored buildings where businesses and residents thrive; and

WHEREAS, Ed Eck was also an advocate for the formation of the Cary Street Planning Commission and served as its chair; he worked diligently to bring together a variety of stakeholders to create a common vision for the area; and

WHEREAS, desirous to be of further service to his hometown, Ed Eck ran for and was elected to the Virginia House of Delegates in 1989, representing the 68th District; and

WHEREAS, during his term of office, Ed Eck served on the Education, General Laws, Labor and Commerce, and Chesapeake and Its Tributaries Committees and worked alongside fellow legislators to advance legislation to benefit his constituents and the residents of the Commonwealth; and

WHEREAS, in his free time, Ed Eck greatly enjoyed spending time with dear friends and beloved family members at his family farm, Belle Oaks, in Nottoway County and golfing and renewing friendships during winters spent in Naples, Florida; and

WHEREAS, a devoted family man who possessed a deep faith, Ed Eck will be fondly remembered and greatly missed by his wife, Sarah; children, E.C., Bill, Kelly, and Brandi, and their families; numerous other family members, friends, and admirers; and colleagues on both sides of the aisle; 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 one of its former members and an admired citizen of Richmond, Edgar Clarence Eck, Jr.; and, be it JOURNAL OF THE SENATE -1415- Wednesday, March 7, 2012

RESOLVED FURTHER, That the Clerk of the House of Delegates prepare a copy of this resolution for presentation to the family of Edgar Clarence Eck, Jr., as an expression of the General Assembly’s respect for his memory.

H.J.R. 452, on motion of Senator Watkins, was agreed to by a unanimous standing vote.

H.J.R. 454 (four hundred fifty-four) was taken up, as follows:

HOUSE JOINT RESOLUTION NO. 454

Celebrating the life of the Honorable Glenn Brooks McClanan, Sr.

WHEREAS, the Honorable Glenn Brooks McClanan, Sr., a distinguished attorney and former member of the Virginia House of Delegates, died on January 26, 2012; and

WHEREAS, a native of Virginia Beach, Glenn McClanan graduated from Kempsville High School, earned a bachelor’s degree from Lynchburg College, and received a law degree from the University of Virginia; and

WHEREAS, a dedicated attorney respected for his knowledge of the law and commitment to his clients, Glenn McClanan practiced law for several decades and made numerous contributions to his profession through membership in various bar associations; and

WHEREAS, Glenn McClanan began his long career of public service to the Commonwealth in 1972 and represented all or parts of the City of Virginia Beach for nearly two decades as a member of the Virginia House of Delegates; and

WHEREAS, a conscientious legislator, Glenn McClanan served as chair of the Agriculture Committee and as a member of the General Laws Committee; Corporations, Insurance and Banking Committee; and Interstate Cooperation Committee; and

WHEREAS, during his tenure, Glenn McClanan provided visionary leadership as he championed legislation to protect consumers and the environment and encouraged wise planning to ensure an adequate water supply for the Virginia Beach area; and

WHEREAS, committed to the prosperity and well-being of his hometown, Glenn McClanan took an active role in civic and community affairs, serving as the former president of the Virginia Beach Council of Civic Organizations and Princess Anne Plaza Civic League and as an active member of the Tidewater Friends of Folk Music, Virginia Beach Sports Club, Kempsville Ruritan Club, and Masonic Lodge #25; and

WHEREAS, as a youth, Glenn McClanan participated in 4-H and its International Farm Youth Exchange program; through the program, he met his wife, Reba, and together they traveled to over 50 countries gaining valuable insight into other cultures and peoples; and

WHEREAS, early in his career, Glenn McClanan worked for the United States Atomic Energy Commission, traveling to schools across the country presenting programs on the benefits and peacetime uses of atomic energy; and

WHEREAS, an influential citizen of Virginia Beach, Glenn McClanan served the City and the Commonwealth with great integrity; and Wednesday, March 7, 2012 -1416- JOURNAL OF THE SENATE

WHEREAS, Glenn McClanan leaves to cherish his memory his beloved wife, Reba; children, Anne, Glenn, Jr., and Martin, and their families; numerous other family members and friends; and colleagues on both sides of the aisle; 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 admired public servant, the Honorable Glenn Brooks McClanan, Sr.; 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 Glenn Brooks McClanan, Sr., as an expression of the General Assembly’s abiding respect for his memory.

H.J.R. 454, on motion of Senator Wagner, 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. 207 (two hundred seven). S.J.R. 208 (two hundred eight). S.J.R. 214 (two hundred fourteen). S.J.R. 215 (two hundred fifteen). S.J.R. 217 (two hundred seventeen). S.J.R. 218 (two hundred eighteen). S.J.R. 220 (two hundred twenty). S.J.R. 223 (two hundred twenty-three). S.J.R. 224 (two hundred twenty-four). S.J.R. 225 (two hundred twenty-five). S.J.R. 229 (two hundred twenty-nine). S.J.R. 230 (two hundred thirty). S.J.R. 234 (two hundred thirty-four). S.J.R. 236 (two hundred thirty-six). S.J.R. 242 (two hundred forty-two). S.J.R. 243 (two hundred forty-three). S.J.R. 244 (two hundred forty-four). S.J.R. 247 (two hundred forty-seven). S.J.R. 248 (two hundred forty-eight).

S.J.R. 213 (two hundred thirteen) was taken up, as follows:

SENATE JOINT RESOLUTION NO. 213

Celebrating the life of Robert Williams Daniel, Jr.

WHEREAS, Robert Williams Daniel, Jr., who served the Commonwealth and nation with great distinction as a member of the United States House of Representatives from 1973 until 1983, died on February 4, 2012; and JOURNAL OF THE SENATE -1417- Wednesday, March 7, 2012

WHEREAS, born in Richmond, Robert Daniel was the son of Charlotte Bemiss and Robert Williams Daniel of Prince George County; his father was a former member of the Senate of Virginia and a bank executive who survived the sinking of the RMS Titanic; and

WHEREAS, a hardworking student and admired scholar, Robert Daniel graduated from Woodberry Forest School and earned a bachelor’s degree from the University of Virginia and a master’s degree from Columbia University; and

WHEREAS, Robert Daniel spent several years as a financial analyst, shared his expertise with students at the University of Richmond’s Robins School of Business as an instructor, and proudly served his country in the United States Army and, from 1964 to 1968, at the Central Intelligence Agency; and

WHEREAS, desirous to serve the Commonwealth and nation, Robert Daniel won election to the United States House of Representatives in 1972 and faithfully served the Fourth Congressional District for the next decade; and

WHEREAS, an influential member of the House Armed Services Committee, Representative Daniel was a stalwart supporter of those in uniform and their families and championed a strong military; and

WHEREAS, after his distinguished service in the United States House of Representatives, Robert Daniel continued to serve his country as deputy assistant to the Secretary of Defense from 1984 to 1986 and as the director of intelligence for the Department of Energy from 1990 to 1993; and

WHEREAS, Robert Daniel earned numerous awards and accolades over the course of his illustrious career, including the National Intelligence Distinguished Service Medal for his many contributions to the country’s intelligence community and national security; and

WHEREAS, Robert Daniel was the owner and operator of Brandon Plantation in Prince George County, a United States National Historic Landmark and one of the oldest continuous agricultural operations in the United States; and

WHEREAS, predeceased by his son, Robert III, Robert Daniel will be fondly remembered and greatly missed by his wife, Linda; surviving children, Charlotte and Nell, and their families; stepdaughters, Lesley and Leanne, and their families; numerous other family members and friends; and colleagues on both sides of the aisle; now, therefore, be it

RESOLVED by the Senate, the House of Delegates concurring, That the General Assembly hereby note with great sadness the loss of an esteemed statesman and public servant, Robert Williams Daniel, Jr.; and, be it

RESOLVED FURTHER, That the Clerk of the Senate prepare a copy of this resolution for presentation to the family of Robert Williams Daniel, Jr., as an expression of the General Assembly’s respect for his memory.

S.J.R. 213, on motion of Senator Ruff, was ordered to be engrossed and was agreed to by a unanimous standing vote.

S.J.R. 226 (two hundred twenty-six), on motion of Senator Black, was ordered to be engrossed and was agreed to by a unanimous standing vote.

S.J.R. 228 (two hundred twenty-eight), on motion of Senator Garrett, was passed by for the day. Wednesday, March 7, 2012 -1418- JOURNAL OF THE SENATE

S.J.R. 251 (two hundred fifty-one), on motion of Senator Martin, was ordered to be engrossed and was agreed to by a unanimous standing vote.

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:

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. 441 (four hundred forty-one). H.J.R. 442 (four hundred forty-two). H.J.R. 445 (four hundred forty-five). H.J.R. 446 (four hundred forty-six). H.J.R. 447 (four hundred forty-seven). H.J.R. 448 (four hundred forty-eight). H.J.R. 449 (four hundred forty-nine). H.J.R. 455 (four hundred fifty-five). H.J.R. 456 (four hundred fifty-six). H.J.R. 457 (four hundred fifty-seven). H.J.R. 458 (four hundred fifty-eight). H.J.R. 459 (four hundred fifty-nine). H.J.R. 460 (four hundred sixty). H.J.R. 461 (four hundred sixty-one). H.J.R. 462 (four hundred sixty-two). H.J.R. 463 (four hundred sixty-three). H.J.R. 466 (four hundred sixty-six). H.J.R. 467 (four hundred sixty-seven). H.J.R. 471 (four hundred seventy-one). H.J.R. 472 (four hundred seventy-two). H.J.R. 473 (four hundred seventy-three). H.J.R. 474 (four hundred seventy-four). H.J.R. 475 (four hundred seventy-five). H.J.R. 476 (four hundred seventy-six). H.J.R. 477 (four hundred seventy-seven). H.J.R. 478 (four hundred seventy-eight). H.J.R. 479 (four hundred seventy-nine). H.J.R. 480 (four hundred eighty). H.J.R. 481 (four hundred eighty-one). H.J.R. 482 (four hundred eighty-two).

On motion of Senator Norment, the questions on agreeing to the Senate joint resolutions and resolution that follow were considered en bloc. JOURNAL OF THE SENATE -1419- Wednesday, March 7, 2012

On motion of Senator Norment, the following Senate joint resolutions and resolution 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. 216 (two hundred sixteen). S.J.R. 219 (two hundred nineteen). S.J.R. 221 (two hundred twenty-one). S.J.R. 222 (two hundred twenty-two). S.J.R. 231 (two hundred thirty-one). S.J.R. 232 (two hundred thirty-two). S.J.R. 235 (two hundred thirty-five). S.J.R. 237 (two hundred thirty-seven). S.J.R. 238 (two hundred thirty-eight). S.J.R. 240 (two hundred forty). S.J.R. 241 (two hundred forty-one). S.J.R. 245 (two hundred forty-five). S.J.R. 246 (two hundred forty-six). S.J.R. 249 (two hundred forty-nine). S.J.R. 250 (two hundred fifty). S.J.R. 252 (two hundred fifty-two). S.R. 18 (eighteen).

S.J.R. 227 (two hundred twenty-seven), on motion of Senator Garrett, was passed by for the day.

CONFERENCE PROCEDURES

Senator Martin, Chair of the Committee on Education and Health, appointed Senators Carrico, Ebbin, and McWaters, the conferees on the part of the Senate for S.B. 568 (five hundred sixty-eight).

HOUSE COMMUNICATIONS

The following communications were received and read:

In the House of Delegates March 7, 2012

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

S.B. 437. 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.

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

S.B. 300. A BILL to amend and reenact §§ 16.1-241, 16.1-253.2, 16.1-253.4, and 16.1-260 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 9.1 of Title 19.2 a section numbered 19.2-152.11, relating to protective orders; juveniles; venue. Wednesday, March 7, 2012 -1420- JOURNAL OF THE SENATE

S.B. 603. A BILL to amend and reenact §§ 46.2-320 and 63.2-1941 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 46.2-320.1 and 46.2-320.2 and by adding in Article 6 of Chapter 3 of Title 53.1 sections numbered 53.1-127.3, 53.1-127.4, and 53.1-127.5, relating to fees owed by prisoners; suspension of driver’s license.

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

S.B. 515. A BILL to amend the Code of Virginia by adding a section numbered 4.1-203.1, relating to alcoholic beverage control; managers for licensed retail establishments.

THE HOUSE OF DELEGATES HAS INSISTED ON ITS SUBSTITUTES AND HAS REQUESTED COMMITTEES OF CONFERENCE ON THE FOLLOWING SENATE BILLS:

S.B. 127. 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.

S.B. 159. A BILL to amend and reenact § 18.2-248 of the Code of Virginia, relating to penalty for repeat drug trafficking offenses.

S.B. 436. A BILL to amend and reenact §§ 18.2-61, 18.2-67.1, 18.2-67.2, 18.2-67.5:3, and 19.2-303 of the Code of Virginia, relating to penalties for certain sex crimes.

S.B. 497. A BILL to amend and reenact § 51.1-144 of the Code of Virginia, relating to Virginia Retirement System employee contributions; local employees; school board employees.

S.B. 498. 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.

S.B. 535. A BILL to amend and reenact Chapter 46 of the Acts of Assembly of 2009, establishing a six-year capital outlay plan for projects to be funded entirely or partially from general fund-supported resources.

THE HOUSE OF DELEGATES HAS AGREED TO THE REPORT OF THE SECOND COMMITTEE OF CONFERENCE ON THE FOLLOWING SENATE BILL:

S.B. 680. A BILL to amend and reenact § 58.1-439.20 of the Code of Virginia, relating to the Neighborhood Assistance Act tax credits.

THE HOUSE OF DELEGATES HAS ACCEDED TO THE REQUEST OF THE SENATE FOR COMMITTEES OF CONFERENCE ON THE FOLLOWING HOUSE BILLS:

H.B. 101. 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.

H.B. 624. A BILL to amend and reenact § 9.1-902 of the Code of Virginia, relating to sex offender registry; juvenile registration; penalty. JOURNAL OF THE SENATE -1421- Wednesday, March 7, 2012

H.B. 968. A BILL to amend and reenact § 18.2-248 of the Code of Virginia, relating to penalty for repeat drug trafficking offenses.

H.B. 973. 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.

H.B. 1130. A BILL to amend and reenact §§ 51.1-145, 51.1-201, 51.1-202, 51.1-212, 51.1-213, 51.1-301, 51.1-601.1, 51.1-1100, 51.1-1400, and 51.1-1405 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 51.1-126.5:1 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; optional defined contribution retirement program for state employees.

H.B. 1280. A BILL to amend and reenact § 19.2-169.6 of the Code of Virginia, relating to inpatient psychiatric hospital admission from local correctional facility; criteria.

H.B. 1291. 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, 2.2-1122, 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, 2.2-4345, 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, 3.2-3900, 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, 9.1-108, 10.1-104, 10.1-107, 10.1-400, 10.1-560, 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, 10.1-1422.01, 13.1-543, 13.1-544, 13.1-549, 13.1-553, 13.1-1102, 13.1-1103, 13.1-1111, 15.2-738, 15.2-1507, 15.2-1535, 15.2-1604, 15.2-2159,(see printed bill for full title)

H.B. 1295. A BILL to amend and reenact §§ 2.2-1124, 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, 42.1-36.1, and 51.5-89 of the Code of Virginia and to repeal § 2 of the first enactment of Chapter 814 of the Acts of Assembly of 2010, relating to the elimination of various mandates on local and regional entities relating to procurement procedures, education, and land use.

IN WHICH ACTION IT REQUESTS THE CONCURRENCE OF THE SENATE.

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

In the House of Delegates March 7, 2012

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

S.J.R. 209. Commending the Town of Luray on the occasion of its 200th anniversary.

S.J.R. 239. Celebrating the life of the Honorable Elmon Taylor Gray. Wednesday, March 7, 2012 -1422- JOURNAL OF THE SENATE

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

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 7, 2012

H.B. 45. An Act to amend and reenact § 30-5 of the Code of Virginia, relating to continuance of time for filing pleading where party connected with General Assembly.

H.B. 63. An Act to amend and reenact § 24.2-653 of the Code of Virginia, relating to elections; provisional ballots.

H.B. 153. An Act to amend and reenact § 65.2-101 of the Code of Virginia, relating to workers’ compensation; exclusion of certain employees.

H.B. 270. An Act to amend and reenact § 2.2-712 of the Code of Virginia, relating to the Department for the Aging; public guardianship and conservator program.

H.B. 326. An Act to amend and reenact § 15.2-2302 of the Code of Virginia, relating to amendments to proffered conditions.

H.B. 410. An Act to amend and reenact §§ 55-79.53, 55-79.73, and 55-515 of the Code of Virginia, relating to the Condominium and Property Owners’ Association Acts; recovery of costs and interest.

H.B. 466. An Act to amend the Code of Virginia by adding a section numbered 4.1-113.1, relating to alcoholic beverage control; outdoor advertising.

H.B. 475. An Act to amend and reenact § 37.2-817 of the Code of Virginia, relating to involuntary commitment; mandatory outpatient treatment.

H.B. 500. An Act to amend the Code of Virginia by adding a section numbered 63.2-905.2, relating to foster children; credit checks.

H.B. 526. An Act to amend the Code of Virginia by adding a section numbered 15.2-2293.2, relating to local regulation of helicopter use.

H.B. 543. An Act to amend and reenact §§ 4.1-100, 54.1-3000, 54.1-3005, 54.1-3008, 54.1-3029, and 54.1-3029.1 of the Code of Virginia, relating to licensure of massage therapists.

H.B. 550. An Act to amend and reenact §§ 2.2-110, 2.2-608, and 30-34.15 of the Code of Virginia, relating to submission of agency reports in electronic format.

H.B. 580. An Act to amend and reenact §§ 2.2-2337, 2.2-2339, and 2.2-2340 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 2.2-2339.1, 2.2-2341.1, and 2.2-2349.1, relating to the Fort Monroe Authority Act; declaration of policy. JOURNAL OF THE SENATE -1423- Wednesday, March 7, 2012

H.B. 623. An Act to amend and reenact §§ 24.2-120, 24.2-306, 24.2-415, 24.2-517, and 24.2-709.1 of the Code of Virginia, relating to administration of elections and duties of the electoral board and general registrar.

H.B. 739. An Act to amend the Code of Virginia by adding in Title 30 a chapter numbered 51, consisting of sections numbered 30-330 through 30-335, relating to the Virginia College Savings Plan Oversight Act.

H.B. 810. An Act to amend and reenact § 30-283 of the Code of Virginia, relating to staff of the Joint Commission on Transportation Accountability.

H.B. 842. An Act to amend and reenact §§ 15.2-2286 and 58.1-3700 of the Code of Virginia, relating to payment of delinquent taxes, fees, and other charges as a condition of issuance of a local business license or any type of land use authorization.

H.B. 879. An Act to amend and reenact § 58.1-322 of the Code of Virginia, relating to the individual income tax subtraction for death benefit payments from annuity contracts received by beneficiaries.

H.B. 906. An Act to amend and reenact §§ 2-2 and 2-3, as amended, of Chapter 433 of the Acts of Assembly of 1962, which provided a charter for the Town of Leesburg in Loudoun County, and to amend Chapter 433 of the Acts of Assembly of 1962 by adding a section numbered 2-3.1, relating to elections. EMERGENCY

H.B. 926. An Act to amend and reenact §§ 17.1-275 and 17.1-276 of the Code of Virginia and to repeal the second enactment of Chapters 76 and 723 of the Acts of Assembly of 2009, relating to remote access to land records; fees collected by clerks; debit cards.

H.B. 1116. An Act to amend and reenact § 58.1-608.3 of the Code of Virginia, relating to entitlement to sales and use tax revenue; certain public facilities.

H.B. 1220. An Act to amend and reenact § 15.2-4904 of the Code of Virginia, relating to industrial development authorities.

March 7, 2012

S.B. 131. An Act to amend and reenact §§ 58.1-439.18 through 58.1-439.21 and 58.1-439.24 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 3 of Title 58.1 an article numbered 13.3, consisting of sections numbered 58.1-439.25 through 58.1-439.28, relating to tax credits for donations to organizations providing assistance to low-income families, including but not limited to scholarships for K through 12 students attending nonpublic schools.

S.B. 195. An Act to amend and reenact § 46.2-1232 of the Code of Virginia, relating to local regulation of towing of trespassing vehicles.

S.B. 209. An Act 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.

S.B. 238. An Act to amend and reenact § 58.1-439.12:07 of the Code of Virginia, relating to telework expenses tax credit. Wednesday, March 7, 2012 -1424- JOURNAL OF THE SENATE

S.B. 239. An Act to amend and reenact § 63.2-1509 of the Code of Virginia, relating to suspected child abuse and neglect; mandatory reporting; penalties.

S.B. 251. An Act to amend and reenact §§ 17.1-275, 17.1-275.5, 19.2-336, and 19.2-353.3 of the Code of Virginia, relating to fees collected by clerks of circuit courts.

S.B. 280. An Act to amend and reenact §§ 46.2-706 and 46.2-708 of the Code of Virginia, relating to uninsured vehicle registration fees, suspension of driver’s licenses, etc.

S.B. 335. An Act to amend and reenact § 46.2-1143 of the Code of Virginia, relating to weight limits for trucks hauling gravel, sand, or crushed stone.

S.B. 347. An Act to amend and reenact §§ 58.1-1000 and 58.1-1037 of the Code of Virginia and to amend the Code of Virginia by adding in Article 1 of Chapter 10 of Title 58.1 a section numbered 58.1-1017.1, relating to tax-paid contraband cigarettes; penalties.

S.B. 364. An Act to amend and reenact §§ 46.2-1209, 46.2-1211, 46.2-1212, 46.2-1213, and 46.2-1215 of the Code of Virginia, relating to towing of unattended or immobile vehicles.

S.B. 368. An Act to amend and reenact § 58.1-439 of the Code of Virginia, relating to the major business facility job tax credit.

S.B. 393. An Act to amend and reenact § 58.1-609.6 of the Code of Virginia, relating to media-related tax exemptions.

S.B. 409. An Act to amend and reenact § 58.1-803 of the Code of Virginia, relating to recordation taxes.

S.B. 462. An Act to amend and reenact § 58.1-301 of the Code of Virginia, relating to conformity of the Commonwealth’s taxation system with Internal Revenue Code § 199.

S.B. 472. An Act 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.

S.B. 528. An Act to amend and reenact § 29.1-302 of the Code of Virginia, relating to special license for disabled veterans to hunt and fish.

S.B. 557. An Act to amend and reenact § 51.5-55 of the Code of Virginia, relating to Assistive Technology Loan Fund Authority; approval of loan applications.

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

S.B. 597. An Act to amend and reenact § 58.1-612 of the Code of Virginia, relating to establishing a presumption of sufficient activity within the Commonwealth to require a dealer to register for retail sales and use tax purposes; commonly controlled person facilitating the delivery of tangible personal property sold by the dealer to its customers.

S.B. 607. An Act to amend and reenact § 58.1-608.3 of the Code of Virginia, relating to entitlement to sales and use tax revenue; certain public facilities. JOURNAL OF THE SENATE -1425- Wednesday, March 7, 2012

S.B. 660. An Act to amend and reenact § 32.1-271 of the Code of Virginia, relating to disclosure of vital records.

S.B. 684. An Act to amend and reenact § 58.1-608.3 of the Code of Virginia, relating to entitlement to sales and use tax revenue; City of Winchester and City of Lynchburg.

March 7, 2012

H.B. 34. An Act 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.

H.B. 42. An Act 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. An Act to amend and reenact § 46.2-878.1 of the Code of Virginia, relating to highway work zones.

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

H.B. 185. An Act to amend the Code of Virginia by adding a section numbered 19.2-340.1, relating to disposition of fines and forfeitures.

H.B. 210. An Act to amend and reenact §§ 54.1-2011, 54.1-2012, 54.1-2020, 54.1-2021, 54.1-2022, and 54.1-2023 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 54.1-2021.1, relating to the regulation of real estate appraisal management companies.

H.B. 321. An Act to amend and reenact §§ 58.1-439.18 through 58.1-439.21 and 58.1-439.24 of the Code of Virginia; to amend the Code of Virginia by adding in Chapter 3 of Title 58.1 an article numbered 13.3, consisting of sections numbered 58.1-439.25 through 58.1-439.28; and to repeal the third enactment of Chapter 851 of the Acts of Assembly of 2009, relating to tax credits for donations to organizations providing assistance to low-income families, including but not limited to scholarships for K through 12 students attending nonpublic schools.

H.B. 352. An Act to amend and reenact §§ 22.1-279.8, 23-9.2:9, 32.1-111.3, 32.1-111.11, 44-146.18, and 44-146.19 of the Code of Virginia, relating to victims’ rights in emergency management plans; Department of Criminal Justice Services and the Virginia Criminal Injuries Compensation Fund to be lead agencies for those individuals determined to be victims.

H.B. 399. An Act 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. An Act 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. An Act 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. 479. An Act to amend and reenact §§ 58.1-1000 and 58.1-1037 of the Code of Virginia and to amend the Code of Virginia by adding in Article 1 of Chapter 10 of Title 58.1 a section numbered 58.1-1017.1, relating to tax-paid contraband cigarettes; penalties. Wednesday, March 7, 2012 -1426- JOURNAL OF THE SENATE

H.B. 507. An Act 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.

HONORARY ADJOURNMENT

Senator Martin addressed the Senate in memory of Colonel Van T. Barfoot.

Senator Martin requested that when the Senate adjourns today, it adjourn in memory of Colonel Van T. Barfoot.

On motion of Senator Stuart, a leave of absence for the day was granted Senator Carrico on account of pressing personal business.

On motion of Senator Stosch, the Senate, in memory of Colonel Van T. Barfoot, adjourned until tomorrow at 11:00 a.m. Pursuant to Senate Rule 21 (d)ii, the Clerk was ordered to receive the committee report.

COMMITTEE REPORT

The following bill, having been considered by the committee in session, was reported by Senator Norment from the Committee for Courts of Justice:

H.B. 1298 (one thousand two hundred ninety-eight) with substitute.

William T. Bolling President of the Senate

Susan Clarke Schaar Clerk of the Senate