Thursday, February 1, 2007

JOURNAL OF THE SENATE -401- Thursday, February 1, 2007

THURSDAY, FEBRUARY 1, 2007

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

The Reverend Dr. James A. Hewitt III, Braddock Street United Methodist Church, Winchester, Virginia, offered the following prayer:

Wonderful and holy God, Lover of justice, mercy and peace for all humankind; We come to You in prayer for the Senate of the Commonwealth of Virginia. We ask for Your guidance for the deliberations of this body: That a spirit of good will might prevail across the differences and desires of our common life. We pray that those who are elected to serve here will be able to act in the best interest of the most Virginians. We pray for our citizens who are in harms way overseas; We pray for the success of their mission and their swift return to home and hearth. We pray for our governor, for the entire General Assembly, for the court system and for the constitutional officers of every county, That fullness of life might avail for all Virginians, from the Shenandoah Valley and the western mountains, across the Piedmont to the Tidewater and the Eastern Shore. Bless us all we pray in Your most holy name. Amen.

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

Bell, Chichester, Colgan, Cuccinelli, Deeds, Devolites Davis, Edwards, Hanger, Hawkins, Herring, Houck, Howell, Lambert, Lucas, Marsh, Martin, McDougle, Miller, Newman, Norment, Obenshain, O’Brien, Potts, Puckett, Puller, Quayle, Rerras, Reynolds, Ruff, Saslaw, Stolle, Stosch, Ticer, Wagner, Wampler, Watkins, Whipple, Williams.

A quorum was present.

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

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

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

YEAS--Bell, Blevins, Chichester, Colgan, Cuccinelli, Deeds, Devolites Davis, Edwards, Hanger, Hawkins, Herring, Houck, Howell, Lambert, Lucas, Marsh, Martin, McDougle, Miller, Newman, Norment, Obenshain, O’Brien, Potts, Puckett, Puller, Rerras, Reynolds, Ruff, Saslaw, Stolle, Stosch, Ticer, Wagner, Wampler, Watkins, Whipple, Williams--38. NAYS--0. RULE 36--0.

HOUSE COMMUNICATION

The following communication was received:

In the House of Delegates January 31, 2007 Thursday, February 1, 2007 -402- JOURNAL OF THE SENATE

THE HOUSE OF DELEGATES HAS PASSED THE FOLLOWING HOUSE BILLS:

H.B. 1618. A BILL to establish the responsibility of the Governor or other eligible authority to enter into an agreement concerning enforcement of immigration laws.

H.B. 1625. A BILL to amend and reenact § 24.2-231 of the Code of Virginia, relating to forfeiture of office for persons convicted of certain crimes.

H.B. 1652. A BILL to amend the Code of Virginia by adding in Article 3 of Chapter 12 of Title 18.2 a section numbered 18.2-511.1, relating to smoking in proximity to an oxygen source; penalty.

H.B. 1658. A BILL to amend and reenact §§ 2.2-1149, 15.2-1800, 15.2-4905, 36-19 and 36-55.30 of the Code of Virginia, relating to purchases of real property by public bodies; survey of property required.

H.B. 1810. A BILL to amend and reenact §§ 22.1-57.3 and 22.1-75 of the Code of Virginia, relating to tie vote procedures for local school boards.

H.B. 1835. A BILL to amend the Code of Virginia by adding a section numbered 24.2-1005.1, relating to the knowing communication of false information to a registered voter to impede his voting; penalty.

H.B. 1932. A BILL to amend and reenact § 53.1-96 of the Code of Virginia, relating to jail farms.

H.B. 2030. A BILL to amend the Code of Virginia by adding in Chapter 26 of Title 2.2 an article numbered 32, consisting of sections numbered 2.2-2698 and 2.2-2699, relating to the Modeling and Simulation Advisory Council.

H.B. 2050. A BILL to amend and reenact § 15.2-502 of the Code of Virginia, relating to the county executive form of government; boards of supervisors; powers, elections, terms, and vacancies.

H.B. 2141. A BILL to amend and reenact §§ 24.2-107, 24.2-405, 24.2-406, 24.2-407.1, 24.2-411.1, 24.2-411.2, 24.2-416.5, 24.2-427, 24.2-444, 24.2-533, 24.2-706, and 24.2-1002.1 of the Code of Virginia, relating to voter list maintenance.

H.B. 2153. A BILL to amend and reenact § 2.2-2428 of the Code of Virginia, relating to the Virginia Public Broadcasting Board; membership.

H.B. 2218. A BILL to amend and reenact § 35.1-14.2 of the Code of Virginia, relating to donations of food to charitable organizations; exception to regulations.

H.B. 2230. A BILL to amend the Code of Virginia by adding in Title 15.2 a chapter numbered 55.2, consisting of sections numbered 15.2-5516 through 15.2-5522, relating to Tourism Financing Development Authority.

H.B. 2259. A BILL to amend and reenact § 2.2-3705.7 of the Code of Virginia, relating to the Freedom of Information Act; records of regional and local park authorities.

H.B. 2265. A BILL to amend and reenact § 15.2-2266 of the Code of Virginia, relating to validation of certain plats.

H.B. 2307. A BILL to amend and reenact § 2.2-2329 of the Code of Virginia, relating to the Virginia National Defense Industrial Authority; board of directors; membership. JOURNAL OF THE SENATE -403- Thursday, February 1, 2007

H.B. 2345. A BILL to amend and reenact §§ 9.1-914, 32.1-127, and 63.2-1732 of the Code of Virginia, relating to sex offender registry; nursing homes and assisted living facilities.

H.B. 2346. A BILL to amend and reenact §§ 32.1-138 and 63.2-1808 of the Code of Virginia, relating to sex offender registry; nursing homes and assisted living facilities.

H.B. 2372. A BILL to amend the Code of Virginia by adding a section numbered 15.2-1718.1 and by adding in Title 52 a chapter numbered 7.2, consisting of sections numbered 52-34.4 through 52-34.6, relating to establishment of a statewide system for notification of missing seniors and impaired adults.

H.B. 2400. A BILL to amend and reenact § 2, § 7, as amended, § 13, and § 20, as amended, of Chapter 229 of the Acts of Assembly of 1948, and to amend Chapter 229 of the Acts of Assembly of 1948 by adding a section numbered 8.1, relating to the Town of Stephens City.

H.B. 2427. A BILL to amend and reenact § 19 of Chapter 420 of the Acts of Assembly of 1964, which provided a charter for the Town of Brookneal, relating to the town manager.

H.B. 2460. A BILL to amend and reenact § C4.4 of Chapter 718 of the Acts of Assembly of 2003, which provided a charter for the Town of Boykins, relating to town employees.

H.B. 2502. A BILL to amend and reenact § 15.2-953 of the Code of Virginia, relating to donations.

H.B. 2522. A BILL to amend and reenact § 54.1-909 of the Code of Virginia, relating to the Board of Branch Pilots; limited branch pilot license.

H.B. 2527. A BILL to amend and reenact § 2.2-3806 of the Code of Virginia, relating to the Government Data Collection and Dissemination Practices Act; rights of data subjects.

H.B. 2650. A BILL to amend and reenact §§ 24.2-945.1 and 24.2-945.2 of the Code of Virginia, relating to campaign finance disclosure; definitions; independent expenditure reporting requirements.

H.B. 2670. A BILL to amend and reenact §§ 30-19.03, 30-19.1:7 and 36-132.1 of the Code of Virginia, and to repeal §§ 30-19.03:1, 30-19.03:1.1, 30-19.1:1, 30-19.1:3, 30-19.1:6, and 30-19.1:7 of the Code of Virginia, relating to legislative bills required to be filed no later than the first day of a legislative session.

H.B. 2676. A BILL to amend and reenact § 15.2-2507 of the Code of Virginia, relating to local budgets.

H.B. 2726. A BILL to amend and reenact § 44-146.19 of the Code of Virginia, relating to review of certain emergency plans by localities.

H.B. 2729. A BILL to amend the Code of Virginia by adding in Article 5 of Chapter 9 of Title 15.2 a section numbered 15.2-976, relating to notification of changes to the Federal Emergency Management Agency Special Flood Hazard Area map.

H.B. 2738. A BILL to amend and reenact § 40.1-28.9 of the Code of Virginia, relating to the Virginia Minimum Wage Act.

H.B. 2752. A BILL to amend and reenact § 52-34.3 of the Code of Virginia, relating to the Virginia Amber Alert Program; use of technology. Thursday, February 1, 2007 -404- JOURNAL OF THE SENATE

H.B. 2758. A BILL to amend and reenact §§ 2.2-3707, 2.2-3707.1, and 2.2-4031 of the Code of Virginia, relating to the Freedom of Information Act; posting of meeting notices and minutes.

H.B. 2764. A BILL to amend the Code of Virginia by adding a section numbered 15.2-1511.1, relating to localities’ duty to provide certain benefit information to employees.

H.B. 2791. A BILL to amend and reenact § 15.2-2157.1 of the Code of Virginia, relating to permit for onsite sewage disposal system installation in certain counties.

H.B. 2818. A BILL to amend and reenact § 24.2-604 of the Code of Virginia, relating to elections; polling place activities and restrictions.

H.B. 2882. A BILL to amend the Code of Virginia by adding in Title 15.2 a chapter numbered 53.1, consisting of sections numbered 15.2-5368 through 15.2-5386, relating to the Southwest Virginia Health Facilities Authority.

H.B. 2894. A BILL to amend and reenact § 15.2-4904 of the Code of Virginia, relating to industrial development authorities.

H.B. 2989. A BILL to amend Chapter 157 of the Acts of Assembly of 1954, as amended, by adding a section numbered 25, relating to the Portsmouth Port and Industrial Commission.

H.B. 3016. A BILL to amend and reenact § 38.2-1825 of the Code of Virginia, relating to the termination of insurance agent licenses.

H.B. 3019. A BILL to amend and reenact § 2.01, §§ 7.02 and 7.05, as amended, and §§ 7.07, 7.08, 8.06, and 10.10 of Chapter 542 of the Acts of Assembly of 1990, and to repeal § 5.11 of Chapter 542 of the Acts of Assembly of 1990, which provided a charter for the City of Bristol, relating to organizational changes.

H.B. 3025. A BILL to amend and reenact § 24.2-105.1 of the Code of Virginia, relating to election information on the Internet.

H.B. 3039. A BILL to amend and reenact § 15.2-2118 of the Code of Virginia, relating to liens for water and sewer charges.

H.B. 3048. A BILL to amend and reenact § 44-146.19 of the Code of Virginia, relating to local emergency management plans.

H.B. 3077. A BILL to amend and reenact § 46.2-910 of the Code of Virginia, relating to wearing of helmets, etc., by motorcyclists; penalty.

H.B. 3087. A BILL to amend and reenact § 59.1-296 of the Code of Virginia, relating to the Virginia Health Spa Act; comparable alternative facilities.

IN WHICH ACTION IT REQUESTS THE CONCURRENCE OF THE SENATE.

/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. JOURNAL OF THE SENATE -405- Thursday, February 1, 2007

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

YEAS--Bell, Blevins, Chichester, Colgan, Cuccinelli, Deeds, Devolites Davis, Edwards, Hanger, Hawkins, Herring, Houck, Howell, Lambert, Lucas, Marsh, Martin, McDougle, Miller, Newman, Norment, Obenshain, O’Brien, Potts, Puckett, Puller, Quayle, Rerras, Reynolds, Ruff, Saslaw, Stolle, Stosch, Ticer, 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. 1618, H.B. 2030, H.B. 2153, H.B. 2218, H.B. 2259, H.B. 2307, H.B. 2522, H.B. 2527, H.B. 2726, H.B. 2758, and H.B. 3048 were referred to the Committee on General Laws and Technology.

H.B. 1625, H.B. 1835, H.B. 2141, H.B. 2650, H.B. 2818, and H.B. 3025 were referred to the Committee on Privileges and Elections.

H.B. 1652, H.B. 2372, and H.B. 2752 were referred to the Committee for Courts of Justice.

H.B. 1658, H.B. 2050, H.B. 2230, H.B. 2265, H.B. 2400, H.B. 2427, H.B. 2460, H.B. 2502, H.B. 2676, H.B. 2729, H.B. 2764, H.B. 2791, H.B. 2882, H.B. 2894, H.B. 2989, H.B. 3019, and H.B. 3039 were referred to the Committee on Local Government.

H.B. 1810 was referred to the Committee on Education and Health.

H.B. 1932, H.B. 2345, and H.B. 2346 were referred to the Committee on Rehabilitation and Social Services.

H.B. 2670 was referred to the Committee on Rules.

H.B. 2738, H.B. 3016, and H.B. 3087 were referred to the Committee on Commerce and Labor.

H.B. 3077 was referred to the Committee on Transportation.

COMMITTEE REPORTS

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

S.B. 738 (seven hundred thirty-eight) with substitute. S.B. 880 (eight hundred eighty) with substitute. S.B. 911 (nine hundred eleven) with substitute. S.B. 912 (nine hundred twelve). S.B. 913 (nine hundred thirteen) with substitute. S.B. 1009 (one thousand nine) with substitute. S.B. 1041 (one thousand forty-one) with substitute. S.B. 1042 (one thousand forty-two) with substitute. S.B. 1165 (one thousand one hundred sixty-five) with substitute. S.B. 1223 (one thousand two hundred twenty-three) with substitute. S.B. 1235 (one thousand two hundred thirty-five) with amendments. Thursday, February 1, 2007 -406- JOURNAL OF THE SENATE

S.B. 1298 (one thousand two hundred ninety-eight) with amendments. S.B. 1308 (one thousand three hundred eight).

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

H.B. 1690 (one thousand six hundred ninety). H.B. 1691 (one thousand six hundred ninety-one). H.B. 1913 (one thousand nine hundred thirteen). H.B. 1916 (one thousand nine hundred sixteen). H.B. 1962 (one thousand nine hundred sixty-two) with amendments. H.B. 1963 (one thousand nine hundred sixty-three). H.B. 1978 (one thousand nine hundred seventy-eight). H.B. 2037 (two thousand thirty-seven). H.B. 2041 (two thousand forty-one). H.B. 2087 (two thousand eighty-seven) with amendments. H.B. 2092 (two thousand ninety-two). H.B. 2161 (two thousand one hundred sixty-one). H.B. 2178 (two thousand one hundred seventy-eight). H.B. 2210 (two thousand two hundred ten). H.B. 2211 (two thousand two hundred eleven). H.B. 2212 (two thousand two hundred twelve). H.B. 2214 (two thousand two hundred fourteen). H.B. 2236 (two thousand two hundred thirty-six) with amendment. H.B. 2271 (two thousand two hundred seventy-one). H.B. 2367 (two thousand three hundred sixty-seven). H.B. 2371 (two thousand three hundred seventy-one). H.B. 2377 (two thousand three hundred seventy-seven). H.B. 2408 (two thousand four hundred eight). H.B. 2513 (two thousand five hundred thirteen). H.B. 2627 (two thousand six hundred twenty-seven). H.B. 2628 (two thousand six hundred twenty-eight). H.B. 2631 (two thousand six hundred thirty-one) with substitute. H.B. 2684 (two thousand six hundred eighty-four). H.B. 2893 (two thousand eight hundred ninety-three). S.B. 863 (eight hundred sixty-three) with amendment with the recommendation that it be rereferred to the Committee on Finance. S.B. 1088 (one thousand eighty-eight) with substitute. S.B. 1147 (one thousand one hundred forty-seven) with substitute. S.B. 1197 (one thousand one hundred ninety-seven) with substitute. S.B. 1203 (one thousand two hundred three) with substitute with the recommendation that it be rereferred to the Committee for Courts of Justice. S.B. 1231 (one thousand two hundred thirty-one) with substitute. S.B. 1270 (one thousand two hundred seventy) with substitute. S.B. 1341 (one thousand three hundred forty-one) with substitute. S.B. 1342 (one thousand three hundred forty-two) with substitute with the recommendation that it be rereferred to the Committee on Finance. S.B. 1346 (one thousand three hundred forty-six) with substitute. S.B. 1391 (one thousand three hundred ninety-one) with substitute. S.B. 1423 (one thousand four hundred twenty-three). JOURNAL OF THE SENATE -407- Thursday, February 1, 2007

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

S.B. 756 (seven hundred fifty-six) with substitute. S.B. 796 (seven hundred ninety-six). S.B. 818 (eight hundred eighteen) with substitute. S.B. 824 (eight hundred twenty-four) with substitute. S.B. 845 (eight hundred forty-five). S.B. 1001 (one thousand one). S.B. 1002 (one thousand two). S.B. 1003 (one thousand three). S.B. 1004 (one thousand four) with substitute. S.B. 1077 (one thousand seventy-seven) with substitute. S.B. 1111 (one thousand one hundred eleven). S.B. 1114 (one thousand one hundred fourteen) with amendments. S.B. 1132 (one thousand one hundred thirty-two) with substitute. S.B. 1136 (one thousand one hundred thirty-six) with substitute. S.B. 1139 (one thousand one hundred thirty-nine) with amendments. S.B. 1145 (one thousand one hundred forty-five) with substitute. S.B. 1154 (one thousand one hundred fifty-four). S.B. 1332 (one thousand three hundred thirty-two) with substitute with the recommendation that it be rereferred to the Committee on Finance. S.B. 1369 (one thousand three hundred sixty-nine) with amendments. S.B. 1400 (one thousand four hundred) with substitute. S.B. 1410 (one thousand four hundred ten) with substitute.

The following bill, having been considered by the committee in session, was reported by Senator Williams from the Committee on Transportation:

S.B. 1417 (one thousand four hundred seventeen) with substitute with the recommendation that it be rereferred to the Committee on Finance.

S.B. 863, S.B. 1332, S.B. 1342, and S.B. 1417 were rereferred to the Committee on Finance.

S.B. 1203 was rereferred to the Committee for Courts of Justice.

COMMUNICATIONS

The following communications were received:

SUPREME COURT OF VIRGINIA 100 North 9th Street, 5th Floor Richmond, Virginia 23219

January 31, 2007

Hon. Susan Clarke Schaar Clerk of the Senate of Virginia Richmond, Virginia 23219

Re: Thirtieth Judicial Circuit Thursday, February 1, 2007 -408- JOURNAL OF THE SENATE

Dear Ms. Schaar:

You will find enclosed herewith, in duplicate, a copy of the report of this Court and the order entered on January 31, 2007 in the matter of the vacancy in the office of judge of the Thirtieth Judicial Circuit.

Copies of this report and order are being sent to Governor Kaine, Mr. Bruce F. Jamerson and the Chairs of the Courts of Justice Committees of the House and Senate.

Sincerely yours,

/s/ Patricia L. Harrington Clerk

VIRGINIA:

In the Supreme Court of Virginia held at the Supreme Court Building in the City of Richmond on Wednesday the 31st day of January, 2007.

It being brought to the attention of the Court that a vacancy is expected to occur on January 31, 2007 in the office of judge of the Thirtieth Judicial Circuit by the retirement of Judge Birg E. Sergent, and the Court, pursuant to section 17.1-511 of the Code of Virginia of 1950, as amended, having secured information concerning the volume of business in the said circuit, is of opinion, for reasons stated in writing in the form of a report to the Governor and to the General Assembly of Virginia and filed herewith, that the amount of business of the Thirtieth Judicial Circuit makes the filling of the vacancy necessary. Accordingly, the Court doth certify that there is a necessity for filling the vacancy in the manner provided by law, provided the vacancy occurs as anticipated by the notice sent to the Governor of Virginia.

And it is ordered that a copy of this order, together with a copy of the report referred to above, be certified to the Governor of Virginia and to the General Assembly of Virginia.

A Copy, Teste:

/s/ Patricia L. Harrington Clerk

SUPREME COURT OF VIRGINIA Supreme Court Building Richmond, Virginia 23219

January 31, 2007

Honorable Susan Clarke Schaar Clerk of the Senate of Virginia Patrick Henry Building, Room 2010 Richmond, VA 23219

Dear Ms. Schaar: JOURNAL OF THE SENATE -409- Thursday, February 1, 2007

Section 17.1-511 of the Code of Virginia, as amended, provides that whenever a vacancy occurs in the office of a judge of any court of record, the vacancy shall not be filled until, after investigation, the Supreme Court of Virginia certifies that the filling of the vacancy is or is not necessary. Judge Birg E. Sergent, Judge of the Thirtieth Circuit Court, will retire on January 31, 2007, thereby creating a vacancy in the office of judge of that circuit.

The Thirtieth Judicial Circuit serves the localities of Lee, Norton, Scott and Wise. The General Assembly has authorized three circuit court judgeships for that circuit. The estimated 2005 population of the circuit was 92,322. Based on the information contained in the enclosed report, the Supreme Court of Virginia certifies that the vacancy should be filled in the manner prescribed by law.

Respectfully submitted,

/s/ Leroy Rountree Hassell, Sr.

The reading of the communications was waived.

The communications were referred to the Committee for Courts of Justice.

CALENDAR

HOUSE BILL ON THIRD READING

H.B. 3005 (three thousand five) was read by title the third time.

Senator Quayle offered the following amendment:

1. Line 83, engrossed, after 3.” insert Virginia Natural Gas Baylor Easement “C”: Beginning at a point in the Elizabeth River generally located near the eastern side of Craney Island Fuel Supply Depot, City of Portsmouth on the western line of the Baylor Ground designated “Public Ground No. 3” as shown on map compiled by Virginia Marine Resource Commission having a coordinate value of North 3,491,259.652, East 12,115,753.359 (coordinate values are based on Virginia State Plane Coordinate System, South Zone, NAD 1983/1994 HARN, and expressed in U.S. Survey feet); thence from said point of beginning running S69°05’52”E a distance of 3,943.73 feet to a point in the eastern boundary of “Public Ground No. 3”, generally located near the southern portion of Old Dominion University, City of Norfolk; thence turning and running along the eastern boundary line of “Public Ground No. 3” S20°08’21”W a distance of 100.01 feet to a point; thence turning and running, leaving the aforementioned eastern boundary line of “Public Ground No. 3”, N69°05’52”W, 3,893.34 feet to a point in the western boundary line of the Baylor Ground designated “Public Ground No. 3”; thence turning and running along the western boundary line N06°26’52”W a distance of 112.59 feet to a point, the point of beginning of Easement “C”. The above described easement being 100 feet wide through a portion of Baylor Ground designated “Public Ground No. 3”.

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

On motion of Senator Quayle, the amendment was agreed to. Thursday, February 1, 2007 -410- JOURNAL OF THE SENATE

The amendment was ordered to be engrossed.

H.B. 3005, on motion of Senator Quayle, was passed with its title.

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

YEAS--Bell, Blevins, Chichester, Colgan, Cuccinelli, Deeds, Devolites Davis, Edwards, Hanger, Hawkins, Herring, Houck, Howell, Lambert, Lucas, Marsh, Martin, McDougle, Miller, Newman, Obenshain, O’Brien, Potts, Puckett, Puller, Quayle, Rerras, Reynolds, Ruff, Saslaw, Stosch, Ticer, Wagner, Watkins, Whipple--35. NAYS--0. RULE 36--Norment, Stolle, Williams--3.

SENATE BILLS ON THIRD READING

S.B. 1101 (one thousand one hundred one), on motion of Senator Williams, was passed by for the day.

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

S.B. 855 (eight hundred fifty-five). S.B. 835 (eight hundred thirty-five). S.B. 800 (eight hundred). S.B. 821 (eight hundred twenty-one). S.B. 900 (nine hundred). S.B. 915 (nine hundred fifteen). S.B. 922 (nine hundred twenty-two). S.B. 925 (nine hundred twenty-five). S.B. 963 (nine hundred sixty-three). S.B. 1007 (one thousand seven). S.B. 1022 (one thousand twenty-two). S.B. 1047 (one thousand forty-seven). S.B. 1061 (one thousand sixty-one). S.B. 1091 (one thousand ninety-one). S.B. 1104 (one thousand one hundred four). S.B. 1134 (one thousand one hundred thirty-four). S.B. 1183 (one thousand one hundred eighty-three). S.B. 1189 (one thousand one hundred eighty-nine). S.B. 1219 (one thousand two hundred nineteen). S.B. 1250 (one thousand two hundred fifty). S.B. 1255 (one thousand two hundred fifty-five). S.B. 1263 (one thousand two hundred sixty-three). S.B. 1384 (one thousand three hundred eighty-four). S.B. 1418 (one thousand four hundred eighteen).

The motion was agreed to.

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

The motion was agreed to. JOURNAL OF THE SENATE -411- Thursday, February 1, 2007

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

S.B. 835 (eight hundred thirty-five). S.B. 800 (eight hundred). S.B. 821 (eight hundred twenty-one). S.B. 900 (nine hundred). S.B. 915 (nine hundred fifteen). S.B. 922 (nine hundred twenty-two). S.B. 925 (nine hundred twenty-five). S.B. 963 (nine hundred sixty-three). S.B. 1007 (one thousand seven). S.B. 1022 (one thousand twenty-two). S.B. 1047 (one thousand forty-seven). S.B. 1061 (one thousand sixty-one). S.B. 1091 (one thousand ninety-one). S.B. 1104 (one thousand one hundred four). S.B. 1134 (one thousand one hundred thirty-four). S.B. 1183 (one thousand one hundred eighty-three). S.B. 1189 (one thousand one hundred eighty-nine). S.B. 1219 (one thousand two hundred nineteen). S.B. 1250 (one thousand two hundred fifty). S.B. 1255 (one thousand two hundred fifty-five). S.B. 1263 (one thousand two hundred sixty-three). S.B. 1384 (one thousand three hundred eighty-four). S.B. 1418 (one thousand four hundred eighteen).

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

YEAS--Bell, Blevins, Chichester, Colgan, Cuccinelli, Deeds, Devolites Davis, Edwards, Hanger, Hawkins, Herring, Houck, Howell, Lambert, Lucas, Marsh, Martin, McDougle, Miller, Newman, Norment, Obenshain, O’Brien, Potts, Puckett, Puller, Quayle, Rerras, Reynolds, Ruff, Saslaw, Stolle, Stosch, Ticer, Wagner, Wampler, Watkins, Whipple, Williams--39. NAYS--0. RULE 36--0.

S.B. 855 (eight hundred fifty-five), on motion of Senator Reynolds, was passed with its title.

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

YEAS--Bell, Blevins, Chichester, Colgan, Cuccinelli, Deeds, Devolites Davis, Edwards, Hanger, Hawkins, Herring, Houck, Howell, Lambert, Lucas, Marsh, Martin, McDougle, Miller, Newman, Norment, Obenshain, O’Brien, Potts, Puckett, Quayle, Rerras, Reynolds, Ruff, Saslaw, Stolle, Stosch, Ticer, Wagner, Wampler, Watkins, Whipple, Williams--38. NAYS--Puller--1. RULE 36--0.

S.B. 905 (nine hundred five), on motion of Senator Stolle, was passed by for the day.

S.B. 1161 (one thousand one hundred sixty-one), on motion of Senator Bell, was passed by for the day. Thursday, February 1, 2007 -412- JOURNAL OF THE SENATE

S.B. 1393 (one thousand three hundred ninety-three) was read by title the third time and, on motion of Senator Stosch, was passed with its title.

The recorded vote is as follows: YEAS--33. NAYS--6. RULE 36--0.

YEAS--Bell, Blevins, Chichester, Colgan, Cuccinelli, Devolites Davis, Hanger, Hawkins, Herring, Houck, Howell, Lambert, Lucas, Marsh, Martin, McDougle, Newman, Norment, Obenshain, O’Brien, Potts, Puckett, Quayle, Rerras, Reynolds, Ruff, Saslaw, Stolle, Stosch, Wagner, Wampler, Watkins, Williams--33. NAYS--Deeds, Edwards, Miller, Puller, Ticer, Whipple--6. RULE 36--0.

S.B. 1367 (one thousand three hundred sixty-seven) was read by title the third time and, on motion of Senator Williams, was passed with its title.

The recorded vote is as follows: YEAS--37. NAYS--0. RULE 36--2.

YEAS--Bell, Blevins, Chichester, Colgan, Cuccinelli, Deeds, Devolites Davis, Edwards, Hanger, Hawkins, Herring, Houck, Howell, Lambert, Lucas, Marsh, Martin, McDougle, Miller, Newman, Obenshain, O’Brien, Potts, Puckett, Puller, Quayle, Rerras, Reynolds, Ruff, Saslaw, Stosch, Ticer, Wagner, Wampler, Watkins, Whipple, Williams--37. NAYS--0. RULE 36--Norment, Stolle--2.

S.B. 1392 (one thousand three hundred ninety-two) was read by title the third time and, on motion of Senator Williams, was passed with its title.

The recorded vote is as follows: YEAS--37. NAYS--0. RULE 36--2.

YEAS--Bell, Blevins, Chichester, Colgan, Cuccinelli, Deeds, Devolites Davis, Edwards, Hanger, Hawkins, Herring, Houck, Howell, Lambert, Lucas, Marsh, Martin, McDougle, Miller, Newman, Obenshain, O’Brien, Potts, Puckett, Puller, Quayle, Rerras, Reynolds, Ruff, Saslaw, Stosch, Ticer, Wagner, Wampler, Watkins, Whipple, Williams--37. NAYS--0. RULE 36--Norment, Stolle--2.

At 12:30 p.m., Senator Stosch moved that the Senate recess until 12:45 p.m.

The motion was agreed to.

The hour of 12:45 p.m. having arrived, the Chair was resumed.

SENATE BILLS ON SECOND READING

Senator Norment moved that the engrossment of the Senate bills that follow be considered en bloc.

The motion was agreed to. JOURNAL OF THE SENATE -413- Thursday, February 1, 2007

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

S.B. 758 (seven hundred fifty-eight). S.B. 841 (eight hundred forty-one). S.B. 876 (eight hundred seventy-six). S.B. 923 (nine hundred twenty-three). S.B. 927 (nine hundred twenty-seven). S.B. 995 (nine hundred ninety-five). S.B. 1025 (one thousand twenty-five). S.B. 1071 (one thousand seventy-one). S.B. 1169 (one thousand one hundred sixty-nine). S.B. 1230 (one thousand two hundred thirty). S.B. 1234 (one thousand two hundred thirty-four). S.B. 1237 (one thousand two hundred thirty-seven). S.B. 1325 (one thousand three hundred twenty-five). S.B. 1327 (one thousand three hundred twenty-seven).

The motion was agreed to.

S.B. 841 (eight hundred forty-one) was taken up.

The following amendments proposed by the Committee on Commerce and Labor were offered:

1. Line 20, introduced, after of nine strike 11 insert 13

2. Line 28, introduced, after ; strike and

3. Line 29, introduced, after designee insert ; (XII) a member of the technology community to be appointed by the Hampton Roads Technology Council; and (XIII) a member of the renewable energy industry to be appointed by the Hampton Roads Clean Cities Coalition

The reading of the amendments was waived.

On motion of Senator Devolites Davis, the amendments were agreed to.

S.B. 923 (nine hundred twenty-three) was taken up.

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

1. Line 18, introduced, after authority to insert apply for and Thursday, February 1, 2007 -414- JOURNAL OF THE SENATE

The reading of the amendment was waived.

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

S.B. 927 (nine hundred twenty-seven) was taken up.

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

1. Line 244, introduced, after may insert after notice to the attorney for the Commonwealth and either (i) the proprietor of the child day center, (ii) the superintendent of public instruction of the school division in which the school is located, or (iii) the chief administrator of the school if such school is not a public school,

The reading of the amendment was waived.

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

S.B. 995 (nine hundred ninety-five) was taken up.

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

1. Line 248, introduced, after line 247 insert 2. That the provisions of this act shall not become effective unless an appropriation of general funds effectuating the purposes of this act is included in the general appropriations act passed by the 2007 Session of the General Assembly, which becomes law.

The reading of the amendment was waived.

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

S.B. 1025 (one thousand twenty-five) was taken up.

The following amendments proposed by the Committee for Courts of Justice were offered:

1. Line 22, introduced, after § 18.2-369, strike remainder of line 22 and all of line 23 insert is guilty of a Class 3 felony.

2. Line 34, introduced, after § 18.2-369, strike remainder of line 34 and all of line 35 insert is guilty of a Class 3 felony.

The reading of the amendments was waived. JOURNAL OF THE SENATE -415- Thursday, February 1, 2007

Senator O’Brien moved that the amendments be rejected.

The question was put on agreeing to the amendments.

The amendments were rejected.

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

A BILL to amend and reenact § 18.2-369 of the Code of Virginia, relating to penalties for abuse and neglect of incapacitated adults; penalties.

The reading of the substitute was waived.

On motion of Senator O’Brien, the substitute was agreed to.

S.B. 1071 (one thousand seventy-one) was taken up.

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

A BILL to amend and reenact §§ 9.1-902, 9.1-903, 9.1-904, 9.1-912, 18.2-374.1, 18.2-374.1:1, and 18.2-374.3 of the Code of Virginia and to repeal § 18.2-374.1:2 of the Code of Virginia, relating to child pornography and sex offender registration requirements; penalties.

The reading of the substitute was waived.

Senator McDougle moved that the substitute be rejected.

The question was put on agreeing to the substitute.

The substitute was rejected.

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

The reading of the substitute was waived.

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

S.B. 1230 (one thousand two hundred thirty) was taken up.

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

1. Line 76, introduced, after effective on strike September Thursday, February 1, 2007 -416- JOURNAL OF THE SENATE

insert October

The reading of the amendment was waived.

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

S.B. 1234 (one thousand two hundred thirty-four) was taken up.

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

A BILL to amend the Code of Virginia by adding a section numbered 18.2-248.03, relating to manufacturing, selling, giving, distributing of methamphetamine; penalty.

The reading of the substitute was waived.

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

S.B. 1237 (one thousand two hundred thirty-seven) was taken up.

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

A BILL to amend and reenact §§ 16.1-253.2 and 19.2-120 of the Code of Virginia, relating to violation of provisions of protective orders; penalty.

The reading of the substitute was waived.

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

S.B. 1327 (one thousand three hundred twenty-seven) was taken up.

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

A BILL to amend and reenact §§ 40.1-28.9 and 40.1-28.10 of the Code of Virginia, relating to the minimum wage.

The reading of the substitute was waived.

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

On motion of Senator Norment, the following Senate bills were ordered en bloc to be engrossed and read by title the third time:

S.B. 758 (seven hundred fifty-eight). S.B. 841 (eight hundred forty-one) as amended. S.B. 876 (eight hundred seventy-six). S.B. 923 (nine hundred twenty-three) as amended. S.B. 927 (nine hundred twenty-seven) as amended. S.B. 995 (nine hundred ninety-five) as amended. JOURNAL OF THE SENATE -417- Thursday, February 1, 2007

S.B. 1025 (one thousand twenty-five) as amended. S.B. 1071 (one thousand seventy-one) as amended. S.B. 1169 (one thousand one hundred sixty-nine). S.B. 1230 (one thousand two hundred thirty) as amended. S.B. 1234 (one thousand two hundred thirty-four) as amended. S.B. 1237 (one thousand two hundred thirty-seven) as amended. S.B. 1325 (one thousand three hundred twenty-five). S.B. 1327 (one thousand three hundred twenty-seven) as amended.

S.B. 960 (nine hundred sixty) was read by title the second time.

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

A BILL to amend Chapter 367 of the Acts of Assembly of 1973, which provided a charter for the City of Suffolk, by adding a section numbered 2.10, relating to advisory referenda elections.

The reading of the substitute was waived.

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

On motion of Senator Quayle, the bill was ordered to be engrossed and read by title the third time.

S.B. 1190 (one thousand one hundred ninety) was read by title the second time.

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

A BILL to amend and reenact § 3.1-796.125 of the Code of Virginia, relating to the fighting of cocks and other animals; penalty.

The reading of the substitute was waived.

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

Senator Reynolds offered the following amendment to the substitute:

1. Line 18, substitute strike all of line 18 insert D. Attendance at an exhibition of the fighting of dogs shall constitute a Class 1 misdemeanor.

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

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

Senator Hanger offered the following amendments to the substitute:

1. Line 13, substitute, after Class 3 misdemeanor Thursday, February 1, 2007 -418- JOURNAL OF THE SENATE

strike 6 felony. insert 1 misdemeanor.

2. Line 14, substitute, after who strike possesses,

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

Senator Hanger moved that the amendments be agreed to.

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

The question was put on agreeing to the amendment No. 1.

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

The recorded vote is as follows: YEAS--20. NAYS--19. RULE 36--0.

YEAS--Bell, Blevins, Chichester, Cuccinelli, Devolites Davis, Hanger, Martin, McDougle, Newman, Norment, Obenshain, O’Brien, Puckett, Quayle, Ruff, Stolle, Stosch, Wagner, Wampler, Watkins--20. NAYS--Colgan, Deeds, Edwards, Hawkins, Herring, Houck, Howell, Lambert, Lucas, Marsh, Miller, Potts, Puller, Rerras, Reynolds, Saslaw, Ticer, Whipple, Williams--19. RULE 36--0.

Amendment No. 1 was agreed to.

On motion of Senator Hanger, amendment No. 2 was agreed to.

Senator Cuccinelli moved that S.B. 1190 be rereferred to the Committee for Courts of Justice.

The question was put on rereferring S.B. 1190 to the Committee for Courts of Justice.

The motion was rejected.

On motion of Senator Reynolds, the bill was ordered to be engrossed and read by title the third time.

S.B. 865 (eight hundred sixty-five) was read by title the second time.

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

1. Line 27, introduced, after line 26 insert 2. That the provisions of this act shall not become effective unless an appropriation of general funds effectuating the purposes of this act is included in the general appropriations act passed by the 2007 Session of the General Assembly, which becomes law.

The reading of the amendment was waived. JOURNAL OF THE SENATE -419- Thursday, February 1, 2007

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

On motion of Senator Miller, the bill was ordered to be engrossed and read by title the third time.

S.B. 1143 (one thousand one hundred forty-three) was read by title the second time.

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

1. Line 5, introduced Title, after Utility strike Facilities insert Transfers

The reading of the amendment was waived.

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

Senator Puckett offered the following amendments:

1. Line 14, introduced, after chapter strike or (ii) a telephone company insert or a telephone company

2. Line 18, introduced, after within strike sixty insert 30

3. Line 20, introduced, after within strike sixty insert 30

4. Line 28, introduced, after utility strike or telephone company insert or telephone company

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

Senator Puckett moved that the amendments be agreed to. Thursday, February 1, 2007 -420- JOURNAL OF THE SENATE

The question was put on agreeing to the amendments.

The amendments were rejected.

On motion of Senator Wagner, the bill was ordered to be engrossed and read by title the third time.

SENATE BILLS ON FIRST READING

Senator Norment 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. 770 (seven hundred seventy). S.B. 771 (seven hundred seventy-one). S.B. 785 (seven hundred eighty-five). S.B. 795 (seven hundred ninety-five). S.B. 822 (eight hundred twenty-two). S.B. 838 (eight hundred thirty-eight). S.B. 955 (nine hundred fifty-five). S.B. 983 (nine hundred eighty-three). S.B. 1015 (one thousand fifteen). S.B. 1044 (one thousand forty-four). S.B. 1063 (one thousand sixty-three). S.B. 1166 (one thousand one hundred sixty-six). S.B. 1182 (one thousand one hundred eighty-two). S.B. 1205 (one thousand two hundred five). S.B. 1209 (one thousand two hundred nine). S.B. 1218 (one thousand two hundred eighteen). S.B. 1256 (one thousand two hundred fifty-six). S.B. 1267 (one thousand two hundred sixty-seven). S.B. 1272 (one thousand two hundred seventy-two). S.B. 1274 (one thousand two hundred seventy-four). S.B. 1292 (one thousand two hundred ninety-two). S.B. 1340 (one thousand three hundred forty). S.B. 1344 (one thousand three hundred forty-four). S.B. 1376 (one thousand three hundred seventy-six). S.B. 1378 (one thousand three hundred seventy-eight). S.B. 1412 (one thousand four hundred twelve). S.B. 1424 (one thousand four hundred twenty-four). S.B. 973 (nine hundred seventy-three). S.B. 1082 (one thousand eighty-two). S.B. 1160 (one thousand one hundred sixty). S.B. 1171 (one thousand one hundred seventy-one). S.B. 1172 (one thousand one hundred seventy-two). S.B. 1232 (one thousand two hundred thirty-two). S.B. 1283 (one thousand two hundred eighty-three). S.B. 1323 (one thousand three hundred twenty-three). S.B. 1387 (one thousand three hundred eighty-seven). S.B. 1413 (one thousand four hundred thirteen).

The motion was agreed to. JOURNAL OF THE SENATE -421- Thursday, February 1, 2007

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

YEAS--Bell, Blevins, Chichester, Colgan, Cuccinelli, Deeds, Devolites Davis, Edwards, Hanger, Hawkins, Herring, Houck, Howell, Lambert, Lucas, Marsh, Martin, McDougle, Miller, Newman, Norment, Obenshain, O’Brien, Potts, Puckett, Puller, Quayle, Rerras, Reynolds, Ruff, Saslaw, Stolle, Stosch, Ticer, Wagner, Wampler, Watkins, Whipple, Williams--39. NAYS--0. RULE 36--0.

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

SENATE JOINT RESOLUTIONS ON FIRST READING

Senator Norment moved that the Rules be suspended and the first reading of the titles of the following Senate joint resolutions be waived:

S.J.R. 340 (three hundred forty). S.J.R. 444 (four hundred forty-four). S.J.R. 454 (four hundred fifty-four). S.J.R. 455 (four hundred fifty-five).

The motion was agreed to.

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

YEAS--Bell, Blevins, Chichester, Colgan, Cuccinelli, Deeds, Devolites Davis, Edwards, Hanger, Hawkins, Herring, Houck, Howell, Lambert, Lucas, Marsh, Martin, McDougle, Miller, Newman, Norment, Obenshain, O’Brien, Potts, Puckett, Puller, Quayle, Rerras, Reynolds, Ruff, Saslaw, Stolle, Stosch, Ticer, Wagner, Wampler, Watkins, Whipple, Williams--39. NAYS--0. RULE 36--0.

S.J.R. 340 (three hundred forty), on motion of Senator Norment, was passed by for the day.

Senator Norment moved that the engrossment of the Senate joint resolutions that follow be considered en bloc.

The motion was agreed to.

The following Senate joint resolutions were read by title the second time:

S.J.R. 444 (four hundred forty-four). S.J.R. 454 (four hundred fifty-four). S.J.R. 455 (four hundred fifty-five).

On motion of Senator Norment, the following Senate joint resolutions were ordered en bloc to be engrossed and read by title the third time:

S.J.R. 444 (four hundred forty-four). S.J.R. 454 (four hundred fifty-four). S.J.R. 455 (four hundred fifty-five).

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. 763 (seven hundred sixty-three). H.J.R. 764 (seven hundred sixty-four). JOURNAL OF THE SENATE -423- Thursday, February 1, 2007

H.J.R. 778 (seven hundred seventy-eight). H.J.R. 779 (seven hundred seventy-nine). H.J.R. 780 (seven hundred eighty). H.J.R. 781 (seven hundred eighty-one). H.J.R. 796 (seven hundred ninety-six). H.J.R. 799 (seven hundred ninety-nine). H.J.R. 800 (eight hundred). H.J.R. 801 (eight hundred one). H.J.R. 802 (eight hundred two).

H.J.R. 762 (seven hundred sixty-two) was taken up, as follows:

HOUSE JOINT RESOLUTION NO. 762

Celebrating the life of Robert Taylor Andrews.

WHEREAS, Robert Taylor Andrews of Charlottesville, retired government attorney and respected former member of the House of Delegates of Virginia, died on August 19, 2006; and WHEREAS, Robert “Bob” Andrews was born in Williamsport, Pennsylvania, graduated from Washington and Jefferson College, Class of 1941, and was a proud member of the United States Navy attached to the Carrier Task Force in the Pacific Theater during World War II; and WHEREAS, Robert Andrews attained the rank of lieutenant and earned nine battle stars and the Presidential Unit Citation for his brave service to his country; and WHEREAS, after completing his military duty, Robert Andrews continued his education at Cornell Law School and moved to Washington, D.C., soon after receiving his law degree in 1948; and WHEREAS, a keen and able attorney, Robert Andrews began his distinguished career in the United States Department of Justice, United States Department of the Army, and United States Department of Defense; and WHEREAS, from 1973 to 1974, Robert Andrews was assigned to the White House as a member of President Richard Nixon's Watergate defense team; and WHEREAS, after retirement from government service, Robert Andrews was elected to represent the 33rd District, which included part of Fairfax and Loudoun counties, in the House of Delegates of Virginia; and WHEREAS, Robert Andrews diligently supported important legislation for his constituents and the citizens of the Commonwealth from 1982 to 1991; and WHEREAS, during his tenure, Robert Andrews served on the committees of Roads and Internal Navigation, Conservation and Natural Resources, Mining and Mineral Resources, as well as the Courts of Justice Committee; and WHEREAS, Robert Andrews was also an influential member of the Executive Committee of the Dulles Area Transportation Association and the Washington Dulles Task Force Advisory Council; and WHEREAS, committed to improving the quality of life of all of the residents of McLean, Robert Andrews served as president of the McLean Citizens Association, the McLean Citizens Foundation, and the McLean Planning Committee, which developed the plan for the central area of McLean, and as the head of the McLean Revitalization Corporation, which promoted the development of the central business district; and WHEREAS, always concerned about the welfare of others, Robert Andrews was a faithful member and elder of Lewinsville Presbyterian Church and active in the church's many missions in the community; and WHEREAS, after living in McLean for 47 years, Robert Andrews and his devoted wife, Minerva Wilson Andrews, moved to Charlottesville to live in the life care community of Westminster-Canterbury; and Thursday, February 1, 2007 -424- JOURNAL OF THE SENATE

WHEREAS, Robert Andrews will be fondly remembered for his outstanding public service and exemplary leadership and will be greatly missed by his beloved wife; his loving children, Susan and Stuart, and their wonderful families, especially his grandson John Robert; his numerous other family members and friends; and the citizens of the Commonwealth; now, therefore, be it RESOLVED by the House of Delegates, the Senate concurring, That the General Assembly mourn the passing of an exemplary public servant and outstanding Virginian, Robert Taylor Andrews; 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 Robert Taylor Andrews as an expression of the General Assembly’s great respect for his memory.

H.J.R. 762, on motion of Senator Norment, was agreed to by a unanimous standing vote.

H.J.R. 777 (seven hundred seventy-seven) was taken up, as follows:

HOUSE JOINT RESOLUTION NO. 777

Celebrating the life of Joel Thomas Broyhill.

WHEREAS, Joel Thomas Broyhill, respected businessman and United States Congressman from 1953 to 1974, representing Virginia’s 10th District in Northern Virginia, died on September 24, 2006; and WHEREAS, a native of Hopewell, Joel Broyhill moved to Arlington in 1937 when his family relocated their building and real estate firm, M.T. Broyhill & Sons, to Northern Virginia; and WHEREAS, Joel Broyhill graduated from George Washington University in 1941, enlisted in the United States Army in 1942, and served in the European Theater as a captain in the 106 Infantry Division during World War II; and WHEREAS, at the Battle of the Bulge, Joel Broyhill was captured by the Germans, but after months of captivity, he managed to escape a prisoner-of-war camp to join advancing United States forces; and WHEREAS, Joel Broyhill was released from active duty on November 1, 1945, and was awarded the Bronze Star; he returned home to work as general manager in his family’s real estate firm; and WHEREAS, after the war, Joel Broyhill soon became actively involved in Northern Virginia civic affairs and politics, serving as president of the Arlington County Chamber of Commerce, chairman of the Arlington County Planning Commission, and president of the Arlington Republican Club; and WHEREAS, in 1952 Joel Broyhill ran for the United States Congress and won on his 33rd birthday; and WHEREAS, an outstanding congressman, Joel Broyhill represented well the voters and their interests and was reelected by the people of the 10th District for 10 consecutive terms; and WHEREAS, Joel Broyhill served on the powerful House Ways and Means Committee and the House Post Office and Civil Service Committee and was known for his legendary constituent services; and WHEREAS, also known for his support of local matters concerning the Washington, D.C., area, Joel Broyhill patroned legislation to construct the Roosevelt and Woodrow Wilson bridges, the second span of the 14th Street Bridge, and the widening of Shirley Highway, and supported better pay and working conditions for federal employees, federal aid to local school systems, and financial support for the Washington Metro system; and WHEREAS, in 2000 Congress named the postal building located at 8409 Lee Highway in Merrifield, Virginia, in his honor; and WHEREAS, an influential and dedicated politician, Joel Broyhill served as a ranking Republican for most of his career in Congress and represented the 10th District with great enthusiasm and skill; and WHEREAS, Joel Broyhill will be fondly remembered and greatly missed by his loving family, his numerous friends and colleagues, and the citizens of the Commonwealth; now, therefore, be it RESOLVED by the House of Delegates, the Senate concurring, That the General Assembly mourn the loss of a longtime public servant and fine Virginian, Joel Thomas Broyhill; and, be it JOURNAL OF THE SENATE -425- Thursday, February 1, 2007

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

H.J.R. 777, on motion of Senator Norment, 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. 330 (three hundred thirty). S.J.R. 392 (three hundred ninety-two). S.J.R. 403 (four hundred three). S.J.R. 405 (four hundred five). S.J.R. 406 (four hundred six). S.J.R. 407 (four hundred seven). S.J.R. 409 (four hundred nine). S.J.R. 422 (four hundred twenty-two). S.J.R. 429 (four hundred twenty-nine). S.J.R. 430 (four hundred thirty). S.J.R. 432 (four hundred thirty-two). S.J.R. 434 (four hundred thirty-four). S.J.R. 436 (four hundred thirty-six). S.J.R. 437 (four hundred thirty-seven). S.J.R. 448 (four hundred forty-eight). S.J.R. 451 (four hundred fifty-one). S.J.R. 456 (four hundred fifty-six). S.J.R. 457 (four hundred fifty-seven). S.J.R. 459 (four hundred fifty-nine). S.J.R. 461 (four hundred sixty-one).

S.J.R. 423 (four hundred twenty-three) was taken up, as follows:

SENATE JOINT RESOLUTION NO. 423

Celebrating the life of James R. Olin.

WHEREAS, dedicated public servant and former United States Congressman James R. Olin died on July 29, 2006, at the age of 86; and WHEREAS, James R. “Jim” Olin represented Virginia’s 6th District, which includes Harrisonburg and Rockingham County, in the House of Representatives from 1983 to 1993; and WHEREAS, Jim Olin attended Deep Springs College in California for three years before transferring to Cornell University, graduating in 1943, and served his country in the United States Army Signal Corps during World War II; and WHEREAS, Jim Olin moved to Roanoke in 1968, and he and his wife Phyllis moved to Charlottesville in 2003 to live closer to their family; and WHEREAS, a hardworking and able corporate leader, Jim Olin completed a distinguished 35-year career with General Electric as vice president and general manager of the company’s industrial electronics division, working in New York, Pennsylvania, and finally in Virginia’s Salem plant; and Thursday, February 1, 2007 -426- JOURNAL OF THE SENATE

WHEREAS, after his retirement, Jim Olin sought public office and was successful in winning five terms in the 6th District, which at the time stretched from Roanoke to Lynchburg and north to Harrisonburg, because of his business background and his strong commitment to constituent service; and WHEREAS, Jim Olin worked tirelessly on behalf of the citizens of the Commonwealth and was especially proud of his co-sponsorship of legislation that created 10 new wilderness areas, which included land in the 6th District of Virginia; he also supported a flood control project for Buena Vista and a new bridge for Lynchburg; and WHEREAS, a diligent and often outspoken lawmaker, Jim Olin served on the Agriculture Committee, helped form national dairy policy, and pushed for reducing milk price subsidies; and WHEREAS, Jim Olin will be greatly missed by his loving wife, five children, and their families, including 11 grandchildren, and one great-grandson; his friends and colleagues on both sides of the aisle in Congress; and the citizens of the Commonwealth; now, therefore, be it RESOLVED by the Senate, the House of Delegates concurring, That the General Assembly mourn the loss of an esteemed lawmaker, James R. Olin; and, be it RESOLVED FURTHER, That the Clerk of the Senate prepare a copy of this resolution for presentation to the family of James R. Olin as an expression of the General Assembly’s great respect for his memory.

S.J.R. 423, on motion of Senator Norment, was ordered to be engrossed and was agreed to by a unanimous standing vote.

S.J.R. 458 (four hundred fifty-eight) was taken up, as follows:

SENATE JOINT RESOLUTION NO. 458

Celebrating the life of Allie Ray Hull. WHEREAS, Allie Ray Hull of Staunton, a beloved citizen of the Commonwealth and former member of the Augusta County Board of Supervisors and the Virginia House of Delegates, died on December 11, 2006; and WHEREAS, Allie Ray Hull was born on June 24, 1915, in Hightown, the son of Allie Porter and Annie Eye Hull, educated in the Highland County Public Schools, attended college at Virginia Polytechnic Institute and State University, and graduated from Dunsmore Business College of Staunton with a degree in business and accounting; and WHEREAS, A.R. Hull served his country in the United States Army Air Force during World War II and was an immensely patriotic and dutiful Virginian throughout his life; and WHEREAS, A.R. Hull and his devoted wife and business partner, Virginia, operated A.R. Hull Motors, Inc., a premier Plymouth and Chrysler dealership in Staunton; and WHEREAS, along with his wife, A.R. Hull was a private mail contractor for the United States Post Office, with routes throughout the East Coast, and in October 1993 the Hulls received the Eagle Spirit Award, the highest recognition awarded to a private postal contractor; and WHEREAS, well known for his thorough knowledge of public issues and always voting his conscience, A.R. Hull served as a member of the Augusta County Board of Supervisors from 1968 until 1995, except for one term in the House of Delegates representing the 10th District from 1982 to 1983; and WHEREAS, a thoughtful leader on the state and local levels, A.R. Hull served Augusta County and Virginia with integrity and wisdom and will long be remembered as a dedicated public servant who listened to his constituents and served them well; and WHEREAS, A.R. Hull was active in numerous civic and professional organizations, serving as a member of the Beverley Manor Ruritan Club, Izaak Walton League of America, Staunton Kiwanis, Western Sportsman Club, Staunton Moose Lodge, and Sons of the American Revolution and as president of the Virginia Branch of Star Route Mail Contractors Association; and JOURNAL OF THE SENATE -427- Thursday, February 1, 2007

WHEREAS, A.R. Hull was proud of his participation and commitment to the local Gideon Association and especially enjoyed delivering Bibles to schools in his area; and WHEREAS, A.R. and Virginia Hull were active and faithful members of St. John’s United Methodist Church, and the Hulls held some of the church’s first services in their home on North Coalter Street in Staunton; and WHEREAS, A.R. Hull will be sorely missed by his loving family, his numerous friends and colleagues, and the citizens of the Commonwealth; now, therefore, be it RESOLVED by the Senate, the House of Delegates concurring, That the General Assembly mourn the loss of an outstanding public servant and fine Virginian, Allie Ray Hull; and, be it RESOLVED FURTHER, That the Clerk of the Senate prepare a copy of this resolution for presentation to the family of Allie Ray Hull as an expression of the General Assembly’s respect for his memory.

S.J.R. 458, on motion of Senator Norment, was ordered to be engrossed and was agreed to by a unanimous standing vote.

S.J.R. 472 (four hundred seventy-two) was taken up, as follows:

SENATE JOINT RESOLUTION NO. 472

Celebrating the life of the Honorable Joseph T. Fitzpatrick.

WHEREAS, Joseph T. Fitzpatrick, former member of the Senate of Virginia and a previous state Democratic chairman, died on July 12, 2006; and WHEREAS, a native of Ocean View, Joseph Fitzpatrick was born on June 1, 1929, the son of Clarence Thomas and Alice Willis Fitzpatrick; and WHEREAS, Joseph Fitzpatrick became interested in national politics in the 1960s, when he diligently worked as the local Norfolk precinct chairman during John F. Kennedy’s presidential campaign, and he was later tapped to manage Robert F. Kennedy’s presidential run in the southern states; and WHEREAS, an enthusiastic supporter and believer in young people, Joseph Fitzpatrick volunteered for many years as the basketball coach at the Barry Robinson Home for Boys, served as the president of the Virginia Catholic High School League Coaches Association from 1959 to 1963, and was named 1962 Coach of the Year by the Virginia High School League for his many years of service to youth; and WHEREAS, a fiery and compassionate advocate for all citizens in need, Joseph T. Fitzpatrick became actively involved in state politics when he became the leader of a renowned group of ambitious young men who vigorously campaigned for anti-Byrd candidates in local political races in the 1960s; and WHEREAS, Joseph Fitzpatrick was a visionary leader and the admired state Democratic chairman during a period of great change in the 1970s, when the party supported more open and accessible government and embraced inclusiveness and a more multi-ethnic leadership; and WHEREAS, well over six feet tall with black-rimmed glasses and thick silvery hair, Joseph Fitzpatrick possessed an awesome political presence, so much so that he was immortalized in Garrett Epps’ 1977 novel, The Shad Treatment, as the memorable character, Knocko Cheatham, a relentless campaign manager of a liberal Virginia gubernatorial candidate; and WHEREAS, a keen political strategist and knowledgeable lawmaker, Joseph Fitzpatrick served as a member of the Senate of Virginia from 1976 to 1981 and supported important legislation on behalf of the citizens of Hampton Roads and Virginia; and WHEREAS, a longtime public servant and an able administrator on the local level, Joseph Fitzpatrick faithfully served for 20 years as the City of Norfolk’s treasurer before retiring in 2001; and Thursday, February 1, 2007 -428- JOURNAL OF THE SENATE

WHEREAS, over a long and distinguished career, Joseph Fitzpatrick gave his time and considerable talents as the vice president of the Saint Mary’s Cemetery Board and the president of the DePaul Advisory Board and was founding director of the Bank of Hampton Roads and the Bank of the Commonwealth; and WHEREAS, Joseph Fitzpatrick was honored with many awards, including the Virginia Young Democrats’ Outstanding Virginian Award, the Legislative Conservationist of the Year Award, the Virginia Treasurer’s Association’s 1990 Treasurer of the Year award, the 1995 Commonwealth Award, and the Virginia Association of Local Executive Officers’ Distinguished Service Award and its Virginian Statesman Award, which was created in his honor; and WHEREAS, Joseph T. Fitzpatrick will be fondly remembered for his tremendous loyalty to those he held dear and his invaluable role as mentor to countless associates and aspiring political figures; and WHEREAS, Joseph T. Fitzpatrick will be sorely missed by his three devoted daughters, their spouses, six wonderful grandchildren, and two great-grandchildren; a multitude of other family members and friends; and the citizens of the City of Norfolk and the Commonwealth; now, therefore, be it RESOLVED by the Senate, the House of Delegates concurring, That the General Assembly mourn the passing of an extraordinary public servant and outstanding Virginian, the Honorable Joseph T. Fitzpatrick; and, be it RESOLVED FURTHER, That the Clerk of the Senate prepare a copy of this resolution for presentation to the family of the Honorable Joseph T. Fitzpatrick as an expression of the General Assembly’s respect for his memory.

S.J.R. 472, on motion of Senator Miller, 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. 765 (seven hundred sixty-five). H.J.R. 766 (seven hundred sixty-six). H.J.R. 767 (seven hundred sixty-seven). H.J.R. 768 (seven hundred sixty-eight). H.J.R. 769 (seven hundred sixty-nine). H.J.R. 770 (seven hundred seventy). H.J.R. 782 (seven hundred eighty-two). H.J.R. 783 (seven hundred eighty-three). H.J.R. 785 (seven hundred eighty-five). H.J.R. 786 (seven hundred eighty-six). H.J.R. 788 (seven hundred eighty-eight). H.J.R. 789 (seven hundred eighty-nine). H.J.R. 790 (seven hundred ninety). H.J.R. 791 (seven hundred ninety-one). H.J.R. 792 (seven hundred ninety-two). H.J.R. 793 (seven hundred ninety-three). H.J.R. 794 (seven hundred ninety-four). H.J.R. 803 (eight hundred three). H.J.R. 804 (eight hundred four). H.J.R. 805 (eight hundred five). H.J.R. 806 (eight hundred six). JOURNAL OF THE SENATE -429- Thursday, February 1, 2007

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

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. 369 (three hundred sixty-nine). S.J.R. 391 (three hundred ninety-one). S.J.R. 408 (four hundred eight). S.J.R. 410 (four hundred ten). S.J.R. 411 (four hundred eleven). S.J.R. 413 (four hundred thirteen). S.J.R. 414 (four hundred fourteen). S.J.R. 417 (four hundred seventeen). S.J.R. 421 (four hundred twenty-one). S.J.R. 424 (four hundred twenty-four). S.J.R. 426 (four hundred twenty-six). S.J.R. 427 (four hundred twenty-seven). S.J.R. 428 (four hundred twenty-eight). S.J.R. 433 (four hundred thirty-three). S.J.R. 438 (four hundred thirty-eight). S.J.R. 439 (four hundred thirty-nine). S.J.R. 440 (four hundred forty). S.J.R. 441 (four hundred forty-one). S.J.R. 452 (four hundred fifty-two). S.J.R. 453 (four hundred fifty-three). S.J.R. 463 (four hundred sixty-three). S.J.R. 464 (four hundred sixty-four). S.J.R. 465 (four hundred sixty-five). S.J.R. 466 (four hundred sixty-six). S.J.R. 467 (four hundred sixty-seven). S.J.R. 468 (four hundred sixty-eight). S.J.R. 469 (four hundred sixty-nine). S.J.R. 470 (four hundred seventy). S.J.R. 471 (four hundred seventy-one). S.R. 40 (forty).

INTRODUCTION OF LEGISLATION

Pursuant to the provisions of House Joint Resolution No. 577 and Senate Rule 26 (g), Senator Ticer introduced a joint resolution; subsequently, the following was presented and laid on the Clerk’s Desk:

S.J.R. 473. Celebrating the life of John F. Hughes. Patrons--Ticer and Puller

Pursuant to the provisions of House Joint Resolution No. 577 and Senate Rule 26 (g), Senator Blevins introduced a joint resolution; subsequently, the following was presented and laid on the Clerk’s Desk:

S.J.R. 474. Commending Cynthia L. Oman. Patrons--Blevins and Miller; Delegates: Cosgrove, Howell, A.T., Jones, S.C., Spruill and Suit Thursday, February 1, 2007 -430- JOURNAL OF THE SENATE

OTHER BUSINESS

Pursuant to Senate Rule 26 (f), the Clerk reported that Senator Hanger had been added as a co-patron of S.B. 1096 (one thousand ninety-six).

Pursuant to Senate Rule 26 (f), the Clerk reported that Senators Hanger and Reynolds had been added as co-patrons of S.B. 1283 (one thousand two hundred eighty-three).

Pursuant to Senate Rule 26 (f), the Clerk reported that Senator Deeds had been added as a co-patron of S.B. 1259 (one thousand two hundred fifty-nine).

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

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

William T. Bolling President of the Senate

Susan Clarke Schaar Clerk of the Senate