Friday, January 19, 2001
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JOURNAL OF THE SENATE -191- Friday, January 19, 2001 FRIDAY, JANUARY 19, 2001 The Senate met at 10:30 a.m. and was called to order by Lieutenant Governor John H. Hager. The Reverend Alex Bailey, Pastor, New Birth Church, Jarratt, Virginia, offered the following prayer: Our Heavenly Father, we praise Thee for what Thou are, and Thy blessing, for everyone. We seek Thy presence in this pluralistic society. In the days that are ahead of us. Heavenly Father we ask that Thou would really guide us, point out the way, direct the course with Thou holy instruction. O Thou whose heart is love, perform within us with Thou silent voice of the mind and spirit, which only Thou can perform. Strengthen us with Thy might, by Thy spirit in the inner man. Heavenly Father we pray. Amen. The roll was called and the following Senators answered to their names: Barry, Bolling, Byrne, Chichester, Couric, Edwards, Forbes, Hanger, Hawkins, Houck, Howell, Lambert, Lucas, Marsh, Martin, Marye, Maxwell, Miller, K.G., Miller, Y.B., Mims, Newman, Norment, Potts, Puckett, Puller, Quayle, Rerras, Reynolds, Ruff, Saslaw, Stolle, Stosch, Ticer, Trumbo, Wagner, Wampler, Watkins, Whipple, Williams. A quorum was present. On motion of Senator Watkins, the reading of the Journal was waived. The recorded vote is as follows: YEAS--39. NAYS--0. RULE 36--0. YEAS--Barry, Bolling, Byrne, Chichester, Couric, Edwards, Forbes, Hanger, Hawkins, Houck, Howell, Lambert, Lucas, Marsh, Martin, Marye, Maxwell, Miller, K.G., Miller, Y.B., Mims, Newman, Norment, Potts, Puckett, Puller, Quayle, Rerras, Reynolds, Ruff, Saslaw, Stolle, Stosch, Ticer, Trumbo, Wagner, Wampler, Watkins, Whipple, Williams--39. NAYS--0. RULE 36--0. HOUSE COMMUNICATION The following communication was received: In the House of Delegates January 17, 2001 THE HOUSE OF DELEGATES HAS PASSED THE FOLLOWING HOUSE BILLS: H.B. 1554. A BILL to amend and reenact § 15.2-4903 of the Code of Virginia, relating to industrial development authorities. H.B. 1556. A BILL to amend and reenact § 46.2-1241 of the Code of Virginia, relating to issuance of disabled parking placards. H.B. 1566. A BILL to amend and reenact § 17.1-252 of the Code of Virginia, relating to indexing legal instruments by tax map reference number. Friday, January 19, 2001 -192- JOURNAL OF THE SENATE H.B. 1575. A BILL to amend and reenact § 16.1-278.9 of the Code of Virginia, relating to loss of driving privileges for making a bomb threat. H.B. 1578. A BILL to amend and reenact § 37.1-134.10 of the Code of Virginia, relating to personal service in guardianship cases. H.B. 1681. A BILL to amend and reenact § 15.2-6400 of the Code of Virginia, relating to the Virginia Regional Industrial Facilities Act. H.B. 1683. A BILL to amend and reenact § 16.1-69.6:1 of the Code of Virginia, relating to number of district court judges. H.B. 1685. A BILL to amend and reenact §§ 17.1-302 and 17.1-401 of the Code of Virginia, relating to senior justices and judges. H.B. 1686. A BILL to amend and reenact §§ 17.1-415 and 17.1-417 of the Code of Virginia, relating to the Court of Appeals. H.B. 1730. A BILL to amend and reenact § 6.1-32.12 of the Code of Virginia, relating to charitable corporations serving as trustees of certain charitable trusts. H.B. 1733. A BILL to amend and reenact §§ 26-12 and 26-17.7 of the Code of Virginia, relating to filing accountings and inventories of testamentary trusts. H.B. 1734. A BILL to amend and reenact § 26-51 of the Code of Virginia, relating to who to execute a trust. H.B. 1762. A BILL to amend and reenact § 53.1-40.01 of the Code of Virginia, relating to conditional release of geriatric prisoners. H.B. 1790. A BILL to amend and reenact § 15.2-4903 of the Code of Virginia, relating to the naming of industrial development authorities. H.B. 1804. A BILL to amend and reenact § 15.2-1535 of the Code of Virginia, relating to appointment to local parks and recreation commissions. H.B. 1805. A BILL to amend and reenact § 15.2-1414.7 of the Code of Virginia, relating to salaries and benefits of town council members and mayors. H.B. 1849. A BILL to amend and reenact § 16.1-122.4 of the Code of Virginia, relating to representation and removal in small claims court; rights of parties. IT HAS AGREED TO THE FOLLOWING HOUSE JOINT RESOLUTIONS: H.J.R. 521. Confirming an appointment to the Commonwealth Health Research Board. H.J.R. 578. Memorializing the Congress of the United States to amend the Fair Labor Standards Act to address the flexible work needs of state and local government employees and to reduce traffic and commuting on public highways. IN WHICH ACTION IT REQUESTS THE CONCURRENCE OF THE SENATE. JOURNAL OF THE SENATE -193- Friday, January 19, 2001 /s/ Bruce F. Jamerson Clerk, House of Delegates On motion of Senator Norment, the Rules were suspended and the reading of the communication from the House of Delegates was waived. The recorded vote is as follows: YEAS--39. NAYS--0. RULE 36--0. YEAS--Barry, Bolling, Byrne, Chichester, Couric, Edwards, Forbes, Hanger, Hawkins, Houck, Howell, Lambert, Lucas, Marsh, Martin, Marye, Maxwell, Miller, K.G., Miller, Y.B., Mims, Newman, Norment, Potts, Puckett, Puller, Quayle, Rerras, Reynolds, Ruff, Saslaw, Stolle, Stosch, Ticer, Trumbo, Wagner, Wampler, Watkins, Whipple, Williams--39. NAYS--0. RULE 36--0. The House bills communicated as passed by the House of Delegates, the first reading of their titles required by the Constitution having been dispensed with, were referred as follows: H.B. 1554, H.B. 1681, H.B. 1790, H.B. 1804, and H.B. 1805 were referred to the Committee on Local Government. H.B. 1556 was referred to the Committee on Transportation. H.B. 1566, H.B. 1575, H.B. 1578, H.B. 1683, H.B. 1685, H.B. 1686, H.B. 1733, H.B. 1734, and H.B. 1849 were referred to the Committee for Courts of Justice. H.B. 1730 was referred to the Committee on Commerce and Labor. H.B. 1762 was referred to the Committee on Rehabilitation and Social Services. The House joint resolutions, communicated as agreed to by the House of Delegates, the first reading of their titles having been waived, were referred as follows: H.J.R. 521 wasreferredtotheCommitteeonPrivilegesandElections. H.J.R. 578 wasreferredtotheCommitteeonRules. COMMUNICATION The following communication was received: COMMONWEALTH OF VIRGINIA Office of the Governor January 11, 2001 TO THE GENERAL ASSEMBLY OF VIRGINIA: The attached list represents appointments made after the last General Assembly in 2000. I respectfully transmit these names to you for confirmation. Friday, January 19, 2001 -194- JOURNAL OF THE SENATE Very truly yours, /s/ James S. Gilmore, III Governor of Virginia AGENCY HEADS Jeffrey D. Brown, Powers-Taylor Building, 13 South 13th Street, Richmond, Virginia 23219, Commissioner of Department of Labor and Industry, effective May 8, 2000, to serve at the pleasure of the Governor, to succeed John Mills Barr. Jo Lynne DeMary, Monroe Building, 25th Floor, 101 North 14th Street, Richmond, Virginia 23219, Superintendent of Public Instruction, effective June 1, 2000, to serve at the pleasure of the Governor, to succeed Paul D. Stapleton. Allegra McCullough, 200-202 North Ninth Street, Eleventh Floor, Richmond, Virginia 23219, Executive Director of Department of Minority Enterprise, effective August 21, 2000, to serve at the pleasure of the Governor. Theodore J. Mortensen, 270 Franklin Road, Roanoke, Virginia 24011-2215, Director of Virginia Department of Veterans' Affairs, effective September 6, 2000, to serve at the pleasure of the Governor, to succeed Donald W. Duncan. Sonia I. Rivero, 730 East Main Street, Richmond, Virginia 23219, Commissioner of Department of Social Services, effective April 26, 2000, to serve at the pleasure of the Governor, to succeed Clarence H. Carter. ADMINISTRATION Virginia Public Broadcasting Board Adrian Cronauer, 1660 L Street, Northwest, Suite 204, Washington, D.C. 20036, Member, effective July 1, 2000, for a term of three years, ending June 30, 2003, to succeed William A. Russell. Edward W. Early, Post Office Box 391, Charlotte Court House, Virginia 23923, Member, effective July 1, 2000, for a term of three years, ending June 30, 2003, to succeed himself. Dee E. Floyd, Post Office Box 68, Penn Laird, Virginia 22846, Member, effective July 1, 2000, for a term of three years, ending June 30, 2003, to succeed himself. Board of Veterans' Affairs Warren E. Barry, Post Office Box 1146, Fairfax, Virginia 22030, Member, effective July 1, 2000, for a term of four years, ending June 30, 2004, to succeed Kevin G. Miller. M. Kirkland Cox, 1309 Appomattox Drive, Colonial Heights, Virginia 23834, Member, effective June 15, 2000, for an unexpired term, ending June 30, 2004, to succeed S. Vance Wilkins. Robert Cranston, 726 Cedar Key Lane, Huddleston, Virginia 24101, Member, effective July 1, 2000, for a term of four years, ending June 30, 2004, to succeed Macon P. Booker. Robert R. Fountain, 4750 Zacata Road, Montross, Virginia 22520, Member, effective July 1, 2000, for a term of four years, ending June 30, 2004, to succeed Cornelius O'Neil. JOURNAL OF THE SENATE -195- Friday, January 19, 2001 Board of Trustees, Virginia Veterans Care Center Mary F. “Beth” Brooks, 2541 Beverley Boulevard, Southwest, Roanoke, Virginia 24015, Member, effective July 1, 2000, for a term of four years, ending June 30, 2004, to succeed Steven D. Goodwin. Robert Cranston, 726 Cedar Key Lane, Huddleston, Virginia 24101, Member, effective May 17, 2000, to serve an unexpired term, ending June 30, 2002, to succeed Paul M.