Monday, January 18, 2010 -126- JOURNAL of the SENATE

Monday, January 18, 2010 -126- JOURNAL OF THE SENATE

MONDAY, JANUARY 18, 2010

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

The Reverend J. Kim Steinhorst, Clarksville Presbyterian Church, Clarksville, Virginia, offered the following prayer:

Mr. President, members of the Senate, distinguished visitors, and guests, we gather at this moment to invoke a higher power to assist in the work done this day. With humility and honest self-reflection, for those who wish, please join me in prayer. Wise and wonder-filled Creator of the universe, we are in awe at the majesty of this great Commonwealth, its mountains and lakes, its forests and streams, its bays and beaches. Yet, we know that geography is more than land mass, it includes people too. We are mindful that just as there is diversity in terrain, there is diversity among the peoples of this state—economic diversity, social diversity, racial diversity, even religious diversity. For we are farmers and shopkeepers, bankers and manufacturers, doctors and nurses, teachers and students, mothers and fathers, brothers and sisters who seek to live at peace, who seek life, liberty, and the pursuit of happiness. We ask for blessings on the new administration of Governor McDonnell and Lieutenant Governor Bolling. We ask for blessings upon this august body. From the antecedents of this chamber came the men and women who fought for freedom, who stood with courage against oppression, who sacrificed for the common good of Virginia citizens. So, we ask for blessings upon each Senator; for the work that each does; for the committees on which he or she serves; for the decisions made as individuals, as representative of his or her district; and as a collective legislative body. Give guidance to every woman and man serving here today. Give strength and courage to face hard choices. Give mercy and grace to seek justice, to love in kindness, and to walk together humbly. Let Your kind and gentle Spirit be present, not just at this moment, not just for this day, but all the days of our lives. Make manifest in us the vision of a better Commonwealth, a better nation, a better world. So, let Your higher purpose be visible, O God, in the discussions, the motions, the votes taken within these walls. And, let us be servants of one another, helping build the peaceable kingdom to which all people seek and yearn. We pray this by the power of the Name that is above all other names. 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, Marsden, Marsh, Martin, McDougle, McEachin, McWaters, Miller, J.C., Miller, Y.B., Newman, Northam, Obenshain, Petersen, Puckett, Puller, Quayle, Ruff, Saslaw, Smith, Stosch, Stuart, Ticer, Vogel, Wagner, Watkins, Whipple.

A quorum was present.

After the roll call, Senators Norment, Reynolds, and Wampler notified the Clerk of their presence.

On motion of Senator Stuart, the reading of the Journal for January 15, 2010, and January 16, 2010, was waived. JOURNAL OF THE SENATE -127- Monday, January 18, 2010

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

YEAS--Barker, Blevins, Colgan, Deeds, Edwards, Hanger, Herring, Houck, Howell, Hurt, Locke, Lucas, Marsden, Marsh, Martin, McDougle, McEachin, McWaters, 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--40. NAYS--0. RULE 36--0.

HOUSE COMMUNICATION

The following communication was received:

In the House of Delegates January 15, 2010

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

H.J.R. 1. Celebrating the life of Al Rosenbaum.

H.J.R. 2. Commending Steve Sherwood.

H.J.R. 3. Commending T. K. Weiler.

H.J.R. 4. Commending the Grafton High School baseball team.

H.J.R. 8. Commending Jasmine Williams-Hayes.

H.J.R. 12. Commending Norfolk State University on the occasion of its 75th anniversary.

H.J.R. 13. Celebrating the 40th birthday of Secretariat on March 30, 2010.

H.J.R. 15. Celebrating the life of Robert Carson Wininger.

H.J.R. 17. Commending Sally H. Thomas.

H.J.R. 18. Commending the Bruton High School football team.

H.J.R. 19. Commending the Tabb High School field hockey team.

H.J.R. 20. Commending Brigadier General John W. Nicholson (Ret.).

H.J.R. 21. Commending the Warhill High School football team.

H.J.R. 24. Commending the Norfolk State University Spartan Legion Marching Band.

H.J.R. 37. Celebrating the life of Dr. Carl William Armstrong.

H.J.R. 38. Celebrating the life of Harvey Lee Hudson, Jr. Monday, January 18, 2010 -128- JOURNAL OF THE SENATE

H.J.R. 39. Commending Michael A. Jones.

H.J.R. 40. Commending Delia H. Atwood.

H.J.R. 41. Commending the Virginia Association of Volunteer Rescue Squads on the occasion of the 75th anniversary of its founding.

H.J.R. 44. Commending Denise Moser.

H.J.R. 45. Commending Brain Injury Services, Inc., on the occasion of its 20th anniversary.

H.J.R. 46. Celebrating the life of Oliver James Tate.

H.J.R. 47. Commending the Ginter Park Residents’ Association on the occasion of its 100th anniversary.

H.J.R. 51. Commending the Daily Planet on the occasion of its 40th anniversary.

H.J.R. 58. Commending the Honorable Richard S. Bray.

H.J.R. 59. Celebrating the life of Leo T. Griffin, Sr.

H.J.R. 65. Commending Lillie Cox Branch.

H.J.R. 66. Commending INC.spire, the Greater Reston Chamber of Commerce business incubator program, on the occasion of its 10th anniversary.

H.J.R. 71. Celebrating the life of William E. Obenchain, Jr.

H.J.R. 72. Celebrating the life of Wilbur Ira Reid, Sr.

H.J.R. 73. Celebrating the life of Jessie Lee Lewis.

H.J.R. 75. Celebrating the life of Jeter Guy Lawson.

H.J.R. 76. Celebrating the life of Kenneth Fox Arnold.

H.J.R. 77. Commending the Wallops Flight Facility on the occasion of its 65th anniversary.

H.J.R. 78. Commending John H. Campbell.

H.J.R. 102. Celebrating the life of First Lieutenant Leevi K. Barnard.

H.J.R. 103. Celebrating the life of John Harding Ball, Jr.

H.J.R. 104. Commending the Collegiate School boys’ tennis team.

H.J.R. 105. Commending the Collegiate School girls’ tennis team.

H.J.R. 106. Commending Tara Zimak.

H.J.R. 107. Commending the Center for the Constitution at James Madison’s Montpelier. JOURNAL OF THE SENATE -129- Monday, January 18, 2010

H.J.R. 108. Commending the City of Fairfax Band on the occasion of its 40th anniversary.

H.J.R. 109. Commending Fairfax Spotlight on the Arts, Inc., on the occasion of its 25th anniversary.

H.J.R. 110. Commending the County of Henrico on the occasion of its 400th anniversary.

H.J.R. 111. Commending Fan Free Clinic on the occasion of its 40th anniversary.

H.J.R. 139. Celebrating the life of M. Catherine Wiant.

H.J.R. 140. Celebrating the life of Hugh Robert Morrison.

H.J.R. 141. Celebrating the life of James L. McLemore III.

H.J.R. 142. Celebrating the life of Nathan T. Hardee.

H.J.R. 143. Commending Mountain View High School.

H.J.R. 144. Commending the King’s Fork High School boys’ basketball team.

H.J.R. 145. Commending the Nansemond-Suffolk Academy football team.

H.J.R. 146. Commending Virginia’s Rx Partnership and its partners.

H.J.R. 147. Commending Norman Mullins.

H.J.R. 148. Commending the Honorable Richard S. Bray.

H.J.R. 149. Commending the Altavista High School football team.

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

S.J.R. 110. Celebrating the life of the Honorable George M. Warren, Jr.

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 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. 1, H.J.R. 2, H.J.R. 3, H.J.R. 4, H.J.R. 8, H.J.R. 12, H.J.R. 13, H.J.R. 15, H.J.R. 17, H.J.R. 18, H.J.R. 19, H.J.R. 20, H.J.R. 21, H.J.R. 24, H.J.R. 37, H.J.R. 38, H.J.R. 39, H.J.R. 40, H.J.R. 41, H.J.R. 44, H.J.R. 45, H.J.R. 46, H.J.R. 47, H.J.R. 51, H.J.R. 58, H.J.R. 59, H.J.R. 65, H.J.R. 66, H.J.R. 71, H.J.R. 72, H.J.R. 73, H.J.R. 75, H.J.R. 76, H.J.R. 77, H.J.R. 78, H.J.R. 102, H.J.R. 103, H.J.R. 104, H.J.R. 105, H.J.R. 106, H.J.R. 107, H.J.R. 108, H.J.R. 109, H.J.R. 110, H.J.R. 111, H.J.R. 139, H.J.R. 140, H.J.R. 141, H.J.R. 142, H.J.R. 143, H.J.R. 144, H.J.R. 145, H.J.R. 146, H.J.R. 147, H.J.R. 148, and H.J.R. 149.

COMMITTEE REPORTS

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

S.B. 17 (seventeen) with substitute. S.B. 19 (nineteen) with the recommendation that it be rereferred to the Committee on Local Government. S.B. 32 (thirty-two) with substitute. S.B. 93 (ninety-three) with substitute. S.B. 192 (one hundred ninety-two) with amendment. S.B. 243 (two hundred forty-three). S.B. 249 (two hundred forty-nine). S.B. 261 (two hundred sixty-one) with the recommendation that it be rereferred to the Committee on Finance. S.B. 289 (two hundred eighty-nine). S.B. 345 (three hundred forty-five). S.B. 398 (three hundred ninety-eight).

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

S.B. 129 (one hundred twenty-nine) with the recommendation that it be rereferred to the Committee on Finance.

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

S.B. 22 (twenty-two) with amendments with the recommendation that it be rereferred to the Committee on Finance. S.B. 42 (forty-two). S.B. 43 (forty-three). S.B. 68 (sixty-eight). S.B. 69 (sixty-nine) with amendments. S.B. 72 (seventy-two) with amendment. S.B. 105 (one hundred five). S.B. 124 (one hundred twenty-four) with the recommendation that it be rereferred to the Committee on Finance. S.B. 126 (one hundred twenty-six) with amendment. S.B. 127 (one hundred twenty-seven). S.B. 146 (one hundred forty-six). JOURNAL OF THE SENATE -131- Monday, January 18, 2010

S.B. 154 (one hundred fifty-four) with the recommendation that it be rereferred to the Committee on Finance. S.B. 161 (one hundred sixty-one). S.B. 177 (one hundred seventy-seven). S.B. 183 (one hundred eighty-three).

S.B. 19 was rereferred to the Committee on Local Government.

S.B. 22, S.B. 124, S.B. 129, S.B. 154, and S.B. 261 were rereferred to the Committee on Finance.

INTRODUCTION OF LEGISLATION

The following, by leave, were presented, ordered to be printed, and referred under Senate Rule 11 (b):

S.B. 620. A BILL to amend the Code of Virginia by adding a section numbered 17.1-275.12, relating to additional fee for Internet Crimes Against Children task forces. Patron--Deeds Referred to Committee for Courts of Justice

S.B. 621. A BILL to amend and reenact § 2.2-4002 of the Code of Virginia, relating to the Administrative Process Act; Virginia Defense Force; exemptions. Patron--Miller, J.C. Referred to Committee on General Laws and Technology

S.B. 622. A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 34 of Title 38.2 a section numbered 38.2-3407.17, relating to limitations by a dental plan on reimbursements for certain services provided by dentists and oral surgeons. Patrons--Wampler, Blevins, Locke, Lucas, Marsh, Martin, Newman, Northam, Puckett, Quayle and Wagner; Delegates: Abbitt, Alexander, Armstrong, Athey, Crockett-Stark, Dance, Gear, Gilbert, Howell, A.T., Hugo, Johnson, Jones, Kilgore, Loupassi, Merricks, Morrissey, Nutter, O’Bannon, Peace, Poindexter, Purkey, Shuler, Spruill, Tyler, Ware, O. and Ware, R.L. Referred to Committee on Commerce and Labor

S.B. 623. A BILL to amend the Code of Virginia by adding in Article 13 of Chapter 3 of Title 58.1 a section numbered 58.1-439.12:03, relating to green job creation income tax credit. Patron--Hanger Referred to Committee on Finance

S.B. 624. A BILL to amend and reenact §§ 24.2-405 and 24.2-406 of the Code of Virginia, relating to lists of registered voters and their voting history. Patron--Howell Referred to Committee on Privileges and Elections

S.B. 625. A BILL to amend and reenact § 15.2-901 of the Code of Virginia, relating to cutting of grass and weeds. Patron--Martin (By Request) Referred to Committee on Local Government Monday, January 18, 2010 -132- JOURNAL OF THE SENATE

S.B. 626. A BILL to amend the Code of Virginia by adding in Chapter 3 of Title 24.2 an article numbered 1.1, consisting of sections numbered 24.2-301.2, 24.2-301.3, and 24.2-301.4, relating to preparation of and standards for state legislative and congressional redistricting plans; establishment of the Bipartisan Redistricting Commission. Patron--Vogel Referred to Committee on Privileges and Elections

S.B. 627. A BILL to amend and reenact § 10.1-603.8:1 of the Code of Virginia, relating to the impact of stormwater nonpoint nutrient offsets on nutrient allocations. Patrons--Wagner, Martin and McDougle Referred to Committee on Agriculture, Conservation and Natural Resources

S.B. 628. A BILL to amend and reenact § 4.1-111 of the Code of Virginia, relating to alcoholic beverage control; mixed beverage licensees; flavored distilled spirits. Patron--Wagner Referred to Committee on Rehabilitation and Social Services

S.B. 629. A BILL to amend and reenact § 22.1-253.13:4 of the Code of Virginia, relating to the sequential elective requirement for the standard diploma. Patron--Wagner Referred to Committee on Education and Health

S.B. 630. A BILL to amend and reenact § 22.1-253.13:4 of the Code of Virginia, relating to local school board reporting requirements for the School Performance Report Card. Patron--Wagner Referred to Committee on Education and Health

S.B. 632. A BILL to delay collection or acceptance of a cash proffer by a locality until issuance of a certificate of occupancy. Patron--Obenshain Referred to Committee on Local Government

S.J.R. 114. Confirming interim appointments by the Governor of certain persons communicated January 12, 2010. Patron--Howell Referred to Committee on Privileges and Elections

S.R. 2. Amending and readopting Senate Rule 18 (e), relating to changing the number of members on the Senate Committee on Finance. Patron--Whipple Referred to Committee on Rules

The following, by leave, was presented and laid on the Clerk’s Desk under Senate Rule 26 (g):

S.J.R. 113. Commending William F. Mezger. Patron--Watkins JOURNAL OF THE SENATE -133- Monday, January 18, 2010

CALENDAR

SENATE BILLS ON FIRST READING

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

S.B. 35 (thirty-five). S.B. 45 (forty-five). S.B. 172 (one hundred seventy-two).

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 Senate bills were passed by for the day:

S.B. 35 (thirty-five). S.B. 45 (forty-five). S.B. 172 (one hundred seventy-two).

MEMORIAL RESOLUTION IMMEDIATE CONSIDERATION

On motion of Senator Watkins, the Rules were suspended and H.J.R. 1 (one), having been laid on the Clerk’s Desk pursuant to Senate Rule 26 (g), was taken up for immediate consideration.

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

H.J.R. 1, on motion of Senator Watkins, was agreed to by a unanimous standing vote. Monday, January 18, 2010 -134- JOURNAL OF THE SENATE

IMMEDIATE CONSIDERATION

Senator Whipple moved that the Rules be suspended, the Committee on Rules be discharged from further consideration of S.R. 2 (two), the first reading of the title be waived, and the resolution be taken up for immediate consideration.

The motion was agreed to.

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

S.R. 2 was read by title the second time and, on motion of Senator Whipple, was ordered to be engrossed and read by title the third time.

Senator Whipple moved that the Rules be suspended and the third reading of the title of S.R. 2 be waived.

The motion was agreed to.

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

SENATE RESOLUTION NO. 2

Amending and readopting Senate Rule 18 (e), relating to changing the number of members on the Senate Committee on Finance.

RESOLVED by the Senate, That Senate Rule 18 (e) be amended and readopted as follows:

18 (e). A Committee on Finance, 16 15 Senators, to consider matters concerning auditing; bills and resolutions for appropriations; the budget of the Commonwealth; claims; general and special revenues of the Commonwealth; all taxation and all matters concerning the expenditure of funds of the Commonwealth.

S.R. 2, on motion of Senator Whipple, was agreed to. JOURNAL OF THE SENATE -135- Monday, January 18, 2010

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

COMMUNICATIONS

The following communications were received and read:

SENATE OF VIRGINIA

January 14, 2010

The Honorable Susan Clarke Schaar Clerk of the Senate P.O. Box 396 Richmond, VA 23218

Dear Susan:

I hereby resign from the Committee on Agriculture, Conservation, and Natural Resources.

Sincerely,

/s/ R. Creigh Deeds

SENATE OF VIRGINIA

January 15, 2010

The Honorable Susan Clarke Schaar Clerk, Senate of Virginia Virginia Capitol Capitol Square Richmond, Virginia 23219

Dear Ms. Schaar:

This is to notify you of my resignation from the General Laws and Technology Committee of the Senate of Virginia conditional on my election to the Courts of Justice committee. Monday, January 18, 2010 -136- JOURNAL OF THE SENATE

Thank you very much for your assistance with this matter.

I remain

Very Truly Yours,

/s/ A. Donald McEachin

Jan 18, 2010

Dear Madam Clerk -

I hereby resign from the Transportation Committee effective immediately.

Sincerely,

/s/ J.C. Petersen Senator, 34th District

COMMITTEE NOMINATIONS REPORT

Senator Saslaw presented the following report:

2010 SENATE COMMITEE NOMINATIONS REPORT

Agriculture, Conservation and Natural Resources Ticer, Chair; Whipple; Hanger; Watkins; Reynolds; Puckett; Ruff; Blevins; Obenshain; McDougle; McEachin; Petersen; Northam; Stuart; and Marsden

Commerce and Labor Saslaw, Chair; Colgan; Miller, Y.B.; Wampler; Norment; Stosch; Edwards; Watkins; Wagner; Newman; Puckett; Puller; Herring; McEachin; and Deeds

Courts of Justice Marsh, Chair; Saslaw; Quayle; Norment; Howell; Lucas; Edwards; Reynolds; Puller; Obenshain; McDougle; Deeds; Hurt; McEachin; and Petersen

Education and Health Houck, Chair; Saslaw; Lucas; Howell; Quayle; Martin; Newman; Edwards; Ruff; Whipple; Blevins; Locke; Barker; Northam; and Miller, J.C.

Finance Colgan, Chair; Wampler; Stosch; Houck; Howell; Saslaw; Quayle; Norment; Hanger; Watkins; Miller, Y.B.; Marsh; Lucas; Whipple; and Reynolds

General Laws and Technology Locke, Chair; Colgan; Houck; Wampler; Stosch; Martin; Ruff; Wagner; Herring; Hurt; Petersen; Barker; Vogel; Miller, J.C.; and Marsden

Local Government Lucas, Chair; Marsh; Quayle; Martin; Hanger; Ticer; Reynolds; Puller; Ruff; Obenshain; Herring; Locke; Smith; Stuart; and Marsden JOURNAL OF THE SENATE -137- Monday, January 18, 2010

Privileges and Elections Howell, Chair; Martin; Deeds; Whipple; Obenshain; Puckett; Edwards; Blevins; McEachin; Petersen; Smith; Barker; Northam; Vogel; and McWaters

Rehabilitation and Social Services Puller, Chair; Miller, Y.B.; Hanger; Ticer; Wagner; Locke; McDougle; Herring; Hurt; Barker; Northam; Vogel; Stuart; Miller, J.C.; and McWaters

Transportation Miller, Y.B., Chair; Houck; Marsh; Newman; Watkins; Puckett; Wagner; Blevins; Deeds; McDougle; Ticer; Smith; Miller, J.C.; Marsden; and McWaters

Rules Whipple, Chair; Colgan; Saslaw; Houck; Miller, Y.B.; Howell; Marsh; Lucas; Ticer; Puller; Locke; Wampler; Quayle; Norment; Edwards; Puckett; and Newman

Members of the Steering Committee

/s/ Richard L. Saslaw, /s/ R. Edward Houck Chairman /s/ Ralph S. Northam /s/ Yvonne B. Miller /s/ L. Louise Lucas /s/ Wm. Roscoe Reynolds /s/ John S. Edwards /s/ A. Donald McEachin /s/ Janet D. Howell /s/ Phillip P. Puckett /s/ Mark R. Herring /s/ Charles J. Colgan

On motion of Senator Saslaw, the Committee Nominations Report was adopted.

The recorded vote is as follows: YEAS--22. NAYS--16. RULE 36--1.

YEAS--Barker, Colgan, Deeds, Edwards, Herring, Houck, Howell, Locke, Lucas, Marsden, Marsh, McEachin, Miller, J.C., Miller, Y.B., Northam, Petersen, Puckett, Puller, Reynolds, Saslaw, Ticer, Whipple--22. NAYS--Blevins, Hanger, Hurt, Martin, McDougle, McWaters, Newman, Obenshain, Quayle, Ruff, Smith, Stosch, Stuart, Vogel, Wagner, Wampler--16. RULE 36--Norment--1.

INTRODUCTION OF LEGISLATION

Pursuant to the provisions of House Joint Resolution No. 9 and Senate Rule 11 (b), Senator Marsh requested and was granted unanimous consent to introduce a bill; subsequently, the following was presented, ordered to be printed, and referred:

S.B. 631. A BILL to amend and reenact § 18.2-46.3:3 of the Code of Virginia, relating to expansion of gang-free zones; penalties. Patron--Marsh Referred to Committee for Courts of Justice Monday, January 18, 2010 -138- JOURNAL OF THE SENATE

RECESS

At 1:15 p.m., Senator Saslaw moved that the Senate recess until 6:40 p.m.

The motion was agreed to.

The hour of 6:40 p.m. having arrived, the Chair was resumed.

JOINT ASSEMBLY

The President requested that the Senators, accompanied by the President of the Senate and the Clerk of the Senate, proceed to the Hall of the House of Delegates for a Joint Assembly to receive the Governor.

THE JOINT ASSEMBLY

The hour of 6:45 p.m. having arrived, being the time designated by the Speaker of the House of Delegates to receive the Governor of Virginia, Robert F. McDonnell, the Senators, preceded by the President of the Senate, William T. Bolling, the President pro tempore of the Senate, Charles J. Colgan, and the Clerk of the Senate, Susan Clarke Schaar, entered the Hall of the House of Delegates and were received by the Delegates standing.

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

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

There were 36 Senators present.

The roll of the House of Delegates was called and the following Delegates answered to their names:

Abbitt, Abbott, Albo, Alexander, Anderson, Armstrong, Athey, BaCote, Barlow, Bell, R.P., Bell, R.B., Brink, Bulova, Byron, Carr, Carrico, Cleaveland, Cline, Cole, Comstock, Cosgrove, Cox, J.A., Cox, M.K., Crockett-Stark, Dance, Ebbin, Edmunds, Englin, Garrett, Gear, Gilbert, Greason, Griffith, Herring, Hope, Howell, A.T., Hugo, Iaquinto, Ingram, James, Janis, Joannou, Johnson, Jones, Keam, Kilgore, Knight, Kory, Landes, LeMunyon, Lewis, Lingamfelter, Lohr, Loupassi, Marshall, D.W., Marshall, R.G., Massie, May, McClellan, McQuinn, Merricks, Miller, J.H., Miller, P.J., Morefield, Nixon, Nutter, O’Bannon, Oder, Orrock, Peace, Plum, Pogge, Poindexter, Pollard, Purkey, Putney, Rust, Scott, E.T., Scott, J.M., Sherwood, Shuler, Sickles, Spruill, Stolle, Surovell, Tata, Torian, Toscano, Tyler, Villanueva, Ward, Ware, O., Ware, R.L., Watts, Wright, Mr. Speaker.

There were 96 Delegates present.

Delegates Morrissey and Phillips took their seats after the roll was called.

The Speaker granted leave of absence to Delegate Morgan, who was absent from the Joint Assembly on account of pressing personal business.

A majority of each house being present, the President of the Joint Assembly, William J. Howell, declared the Joint Assembly duly organized and ready to proceed to business. JOURNAL OF THE SENATE -139- Monday, January 18, 2010

The Gentleman from Salem, Delegate Griffith, offered the following resolution:

RESOLUTION OF THE JOINT ASSEMBLY

Notifying the Governor of Organization.

RESOLVED, That the president of the Joint Assembly appoint a committee of eleven, composed of six Delegates and five Senators, to notify the Governor that the Joint Assembly is duly organized and would be pleased to receive him and any communication he may desire to make.

The resolution was agreed to.

The President of the Joint Assembly appointed Delegates Marshall of Prince William, Albo, Griffith, Iaquinto, Armstrong, and Barlow and Senators Colgan, Saslaw, Whipple, Norment, and Newman the Committee.

The President of the Joint Assembly presented the following distinguished guests, who were received by the members of the Joint Assembly:

Members of the First Family of the Commonwealth and Guests: Maureen McDonnell Jeanine McDonnell Cailin McDonnell Bobby McDonnell Sean McDonnell Chris Young Carlin Crowder

The Governor’s Cabinet and Executive Branch Officials: Martin Kent, Chief of Staff Lisa Hicks-Thomas, Secretary of Administration Todd Haymore, Secretary of Agriculture and Forestry Jim Cheng, Secretary of Commerce and Trade Janet Polarek, Secretary of the Commonwealth Gerard Robinson, Secretary of Education Ric Brown, Secretary of Finance Bill Hazel, Secretary of Health and Human Resources Doug Domenech, Secretary of Natural Resources Marla Graff Decker, Secretary of Public Safety Jim Duffey, Secretary of Technology Sean Connaughton, Secretary of Transportation

Jasen Eige, Counselor to the Governor Terrie Suit, Assistant to the Governor for Commonwealth Preparedness Eric Finkbeiner, Senior Advisor for Policy Bob Sledd, Senior Economic Advisor Tucker Martin, Communications Director

The State Corporation Commission: Mark C. Christie, Chairman James C. Dimitri Judith Williams Jagdmann Monday, January 18, 2010 -140- JOURNAL OF THE SENATE

The Supreme Court of Virginia: Chief Justice Leroy Rountree Hassell, Sr. Justice S. Bernard Goodwyn Justice Barbara Milano Keenan Justice Cynthia D. Kinser Justice Lawrence L. Koontz, Jr. Justice Donald W. Lemons Justice LeRoy F. Millette, Jr.

Kenneth T. Cuccinelli, II, Attorney General

The Committee subsequently presented the Governor, Robert F. McDonnell, who was formally received by the Joint Assembly.

The Governor addressed the Joint Assembly.

On motion of the Senator from Fauquier, Senator Vogel, one thousand copies of the Governor’s address were ordered to be printed as Senate Document No. 1C.

On motion of the Junior Senator from Norfolk, Senator Northam, the Joint Assembly adjourned sine die, whereupon the Senate returned to its chamber.

I hereby certify that the foregoing is a true copy of the Journal of the House of Delegates in relation to the address of the Governor to the Joint Assembly on January 18, 2010.

/s/ Bruce F. Jamerson Clerk of the House of Delegates and Clerk of the Joint Assembly

Upon the Senators’ return to the Senate Chamber, the Chair was resumed, the President pro tempore, Senator Colgan, presiding.

OTHER BUSINESS

Pursuant to Senate Rule 26 (f), the Clerk reported that Senator Edwards had been added as a co-patron of S.B. 31 (thirty-one).

Pursuant to Senate Rule 26 (f), the Clerk reported that Senators Blevins, Hanger, Martin, Newman, Obenshain, Quayle, Smith, Stuart, Vogel, Wagner, Wampler, and Watkins had been added as co-patrons of S.B. 129 (one hundred twenty-nine).

Pursuant to Senate Rule 26 (f), the Clerk reported that Senators Blevins, Hanger, Martin, McDougle, McWaters, Newman, Quayle, Stuart, Vogel, Wagner, and Watkins had been added as co-patrons of S.B. 130 (one hundred thirty).

Pursuant to Senate Rule 26 (f), the Clerk reported that Senator Miller, J.C., had been added as a co-patron of S.B. 173 (one hundred seventy-three).

Pursuant to Senate Rule 26 (f), the Clerk reported that Senators Blevins, Hanger, Martin, Newman, Obenshain, Quayle, Stuart, Vogel, Wagner, Wampler, and Watkins had been added as co-patrons of S.B. 181 (one hundred eighty-one). JOURNAL OF THE SENATE -141- Monday, January 18, 2010

Pursuant to Senate Rule 26 (f), the Clerk reported that Senator Martin had been added as a co-patron of S.B. 392 (three hundred ninety-two).

Pursuant to Senate Rule 26 (f), the Clerk reported that Senator Martin had been added as a co-patron of S.B. 393 (three hundred ninety-three).

Pursuant to Senate Rule 26 (f), the Clerk reported that Senator Martin had been added as a co-patron of S.B. 394 (three hundred ninety-four).

Pursuant to Senate Rule 26 (f), the Clerk reported that Senator Edwards had been added as a co-patron of S.B. 592 (five hundred ninety-two).

Pursuant to Senate Rule 26 (f), the Clerk reported that Delegates Cline and Putney had been added as co-patrons of S.B. 602 (six hundred two).

Pursuant to Senate Rule 26 (f), the Clerk reported that Senator Edwards had been added as a co-patron of S.B. 619 (six hundred nineteen).

Pursuant to Senate Rule 26 (f), the Clerk reported that Senator Edwards and Delegate Kory had been added as co-patrons of S.J.R. 13 (thirteen).

On motion of Senator Saslaw, the Senate adjourned until tomorrow at 12 m.

William T. Bolling President of the Senate

Susan Clarke Schaar Clerk of the Senate