Monday, January 15, 2007

JOURNAL OF THE SENATE -117- Monday, January 15, 2007

MONDAY, JANUARY 15, 2007

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

The Reverend Dr. Raymond A. Bell, Jr., Mount Hope Baptist Church, Fredericksburg, Virginia, offered the following prayer:

Eternal God, I have no problem, thank You for Your freshness. We thank You for another day as we come and we assemble to be of one accord, to share and to make laws that are meaningful for Your Commonwealth. We thank You for a great warrior such as Dr. Martin Luther King who worked hard that we could have the right to vote and the right to disagree and still be on one accord. Bless You God, have mercy on this auspicious body and to allow each senator to have a clear mind to work together and to be the persons they are called to be. We thank You for the victory and we thank You for Your love, in Christ we pray. Amen.

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

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

A quorum was present.

On motion of Senator McDougle, 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, Locke, Marsh, Martin, McDougle, Miller, Newman, Norment, Obenshain, O’Brien, Potts, Puckett, Puller, Quayle, 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 12, 2007

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

H.J.R. 561. Celebrating the life of John Jamison.

H.J.R. 562. Celebrating the life of Lance Corporal Jourdan L. Grez.

H.J.R. 563. Commending the Turner Ashby High School baseball team. Monday, January 15, 2007 -118- JOURNAL OF THE SENATE

H.J.R. 564. Commending Jo Ellen Emswiler.

H.J.R. 573. Celebrating the life of Captain Shane T. Adcock.

H.J.R. 574. Commending Robert Jones.

H.J.R. 592. Commending Project Lifesaver.

H.J.R. 596. Celebrating the life of Dr. Charles H. Townes.

H.J.R. 598. Commending John R. Byers.

H.J.R. 599. Commending the Woodlawn Little League Junior All-Stars baseball team.

H.J.R. 604. Commending the Virginia Society of Association Executives and its member associations for their contributions to the Commonwealth.

H.J.R. 617. Commending West Point Public Schools on the occasion of its 100th anniversary.

H.J.R. 618. Commending the Hanover County Sheriff’s Office.

H.J.R. 619. Commending Timothy Michael Moore.

H.J.R. 629. Commending Justin Brook Verlander.

H.J.R. 633. Commending Evelyn Thompson Lawrence.

H.J.R. 660. Celebrating the life of John E. Worsley, Sr.

H.J.R. 661. Celebrating the life of Yale Mansfield Brandt.

H.J.R. 664. Celebrating the life of Herman Anderson Hicks.

H.J.R. 665. Commending the Thomas Dale High School boys’ soccer team.

H.J.R. 666. Commending Leadership Fairfax, Inc., on the occasion of its 20th anniversary.

H.J.R. 667. Commending Mildred B. Hampton.

H.J.R. 668. Commending the Sully Elementary School Parent-Teacher Organization.

H.J.R. 669. Commending the Hopewell Women of the Moose on the occasion of their 50th anniversary.

H.J.R. 670. Commending the Reverend Henry Victor Langford.

H.J.R. 671. Commending the Fort Defiance High School Envirothon team.

H.J.R. 672. Commending Susan W. Evans.

H.J.R. 673. Celebrating the life of Richard Lee Meador.

H.J.R. 674. Celebrating the life of Bettye Katheryn Heldreth Steger. JOURNAL OF THE SENATE -119- Monday, January 15, 2007

H.J.R. 731. Celebrating the life of James S. Carter.

H.J.R. 732. Celebrating the life of Fire Chief Max Willard.

H.J.R. 733. Celebrating the life of Sergeant Brandon Scott Asbury.

H.J.R. 734. Celebrating the life of Stephen Harry Peery.

H.J.R. 736. Commending St. Peter Baptist Church on the occasion of its 125th anniversary.

H.J.R. 737. Commending The Virginia Bar Association Young Lawyers Division on its 50th anniversary.

H.J.R. 738. Commending Arthur A. Kirk.

H.J.R. 739. Commending Clyde W. Bowling.

H.J.R. 740. Commending Pansy Leona Bandy Steele.

H.J.R. 741. Commending Sidney Chappell.

H.J.R. 742. Commending Bessie Moorer.

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.

The recorded vote is as follows: YEAS--38. 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. 561, H.J.R. 562, H.J.R. 563, H.J.R. 564, H.J.R. 573, H.J.R. 574, H.J.R. 592, H.J.R. 596, H.J.R. 598, H.J.R. 599, H.J.R. 604, H.J.R. 617, H.J.R. 618, H.J.R. 619, H.J.R. 629, H.J.R. 633, H.J.R. 660, H.J.R. 661, H.J.R. 664, H.J.R. 665, H.J.R. 666, H.J.R. 667, H.J.R. 668, H.J.R. 669, H.J.R. 670, H.J.R. 671, H.J.R. 672, H.J.R. 673, H.J.R. 674, H.J.R. 731, H.J.R. 732, H.J.R. 733, H.J.R. 734, H.J.R. 736, H.J.R. 737, H.J.R. 738, H.J.R. 739, H.J.R. 740, H.J.R. 741, and H.J.R. 742.

COMMITTEE REPORTS

The following bills, having been considered by the committee in session, were reported by Senator Hawkins from the Committee on Agriculture, Conservation and Natural Resources: Monday, January 15, 2007 -120- JOURNAL OF THE SENATE

S.B. 806 (eight hundred six) with substitute with the recommendation that it be rereferred to the Committee on Rehabilitation and Social Services. S.B. 942 (nine hundred forty-two) with amendments.

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. 826 (eight hundred twenty-six) with substitute with the recommendation that it be rereferred to the Committee on Finance. S.B. 855 (eight hundred fifty-five) with substitute. S.B. 873 (eight hundred seventy-three). S.B. 874 (eight hundred seventy-four) with substitute. S.B. 877 (eight hundred seventy-seven). S.B. 881 (eight hundred eighty-one). S.B. 884 (eight hundred eighty-four) with substitute. S.B. 886 (eight hundred eighty-six) with amendment. S.B. 896 (eight hundred ninety-six) with amendment. S.B. 956 (nine hundred fifty-six). S.B. 965 (nine hundred sixty-five) with the recommendation that it be rereferred to the Committee on Finance. S.B. 970 (nine hundred seventy). S.B. 972 (nine hundred seventy-two). S.B. 1083 (one thousand eighty-three) with substitute.

The following bills, having been considered by the committee in session, were recommended for rereferral by the Committee for Courts of Justice:

S.B. 859 (eight hundred fifty-nine) with the recommendation that it be rereferred to the Committee on Finance. S.B. 1174 (one thousand one hundred seventy-four) with the recommendation that it be rereferred to the Committee on Finance. S.B. 1175 (one thousand one hundred seventy-five) with the recommendation that it be rereferred to the Committee on Finance.

S.B. 806 was rereferred to the Committee on Rehabilitation and Social Services.

S.B. 826, S.B. 859, S.B. 965, S.B. 1174, and S.B. 1175 were rereferred to the Committee on Finance.

INTRODUCTION OF LEGISLATION

Pursuant to the provisions of House Joint Resolution No. 577 and Senate Rule 11 (b), Senator McDougle requested and was granted unanimous consent to introduce a joint resolution; subsequently, the following was presented, ordered to be printed, and referred:

S.J.R. 418. Establishing a joint committee of the Senate Committee for Courts of Justice and the House Committee for Courts of Justice to study redistricting the judicial circuits. Report. Patron--McDougle Referred to Committee on Rules

Pursuant to the provisions of House Joint Resolution No. 577 and Senate Rule 11 (b), Senator Miller requested and was granted unanimous consent to introduce a joint resolution; subsequently, the following was presented, ordered to be printed, and referred: JOURNAL OF THE SENATE -121- Monday, January 15, 2007

S.J.R. 419. Establishing a joint subcommittee to study the availability and efficacy of gang prevention activities and potential funding opportunities for these activities. Report. Patron--Miller Referred to Committee on Rules

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

S.B. 1334. A BILL to amend the Code of Virginia by adding a section numbered 24.2-709.1, relating to alternative procedures to expedite counting absentee votes. Patron--Reynolds Referred to Committee on Privileges and Elections

S.B. 1335. A BILL to amend and reenact §§ 15.2-4839, 58.1-604.1, 58.1-608.3, and 58.1-614 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 15.2-4838.1, 15.2-4838.2, 58.1-605.1, 58.1-605.2, 58.1-606.1 and 58.1-606.2 and by adding in Chapter 6 of Title 58.1 a section numbered 58.1-639.1, relating to additional state retail sales and use taxes and authorizing certain counties and cities to impose local retail sales and use taxes with the revenues from all such taxes distributed to the Northern Virginia Transportation Authority for transportation funding. Patron--Colgan Referred to Committee on Finance

S.B. 1336. A BILL to amend and reenact § 38.2-3434 of the Code of Virginia, relating to health insurance; information provided to employers; liability. Patron--Ruff Referred to Committee on Commerce and Labor

S.B. 1337. A BILL to amend the Code of Virginia by adding sections numbered 46.2-214.2 and 46.2-328.2, relating to fees imposed and collected by the Department of Motor Vehicles; issuance of driver’s licenses and learner’s permits. Patron--McDougle Referred to Committee on Transportation

S.B. 1338. A BILL to amend and reenact § 22.1-253.13:1 of the Code of Virginia, relating to Standards of Quality; Standard 1, gifted education programs. Patron--McDougle Referred to Committee on Education and Health

S.B. 1339. A BILL to amend and reenact § 62.1-44.19:3 of the Code of Virginia, to amend the Code of Virginia by adding in Article 4 of Chapter 3.1 of Title 62.1 sections numbered 62.1-44.19:3.1 through 62.1-44.19:3.4, and to repeal §§ 32.1-164.2 through 32.1-164.7 of the Code of Virginia, relating to regulation and management of the land application of sewage sludge. Patrons--Newman and Hawkins; Delegate: Byron Referred to Committee on Agriculture, Conservation and Natural Resources

S.J.R. 420. Recognizing “Hampton Roads: America’s First Region” as the brand for Southeast Virginia. Patron--Quayle Referred to Committee on Rules

The following, by leave, were presented and laid on the Clerk’s Desk under Senate Rule 26 (g): Monday, January 15, 2007 -122- JOURNAL OF THE SENATE

S.J.R. 421. Commending Brenda F. Cowlbeck. Patron--McDougle

S.J.R. 422. Celebrating the life of Lewis Latane Trice. Patron--McDougle

CALENDAR

SENATE BILL ON SECOND READING

S.B. 847 (eight hundred forty-seven), on motion of Senator Lambert, was passed by for the day.

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. 742 (seven hundred forty-two). S.B. 746 (seven hundred forty-six). S.B. 764 (seven hundred sixty-four). S.B. 783 (seven hundred eighty-three). S.B. 807 (eight hundred seven). S.B. 816 (eight hundred sixteen). S.B. 888 (eight hundred eighty-eight). S.B. 944 (nine hundred forty-four). S.B. 829 (eight hundred twenty-nine).

The motion was agreed to.

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

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

S.B. 742 (seven hundred forty-two). S.B. 746 (seven hundred forty-six). S.B. 764 (seven hundred sixty-four). S.B. 783 (seven hundred eighty-three). S.B. 807 (eight hundred seven). S.B. 816 (eight hundred sixteen). JOURNAL OF THE SENATE -123- Monday, January 15, 2007

S.B. 888 (eight hundred eighty-eight). S.B. 944 (nine hundred forty-four). S.B. 829 (eight hundred twenty-nine).

HONORARY ADJOURNMENT

Senator Marsh addressed the Senate in memory of the Reverend Dr. Martin Luther King, Jr.

Senator Marsh requested that when the Senate adjourns today, it adjourn in memory of the Reverend Dr. Martin Luther King, Jr.

OTHER BUSINESS

Pursuant to Senate Rule 26 (f), the Clerk reported that Senator Quayle had been added as a co-patron of S.B. 771 (seven hundred seventy-one).

Pursuant to Senate Rule 26 (f), the Clerk reported that Delegate O’Bannon had been added as a co-patron of S.B. 931 (nine hundred thirty-one).

Pursuant to Senate Rule 26 (f), the Clerk reported that Senator Devolites Davis had been added as a co-patron of S.B. 947 (nine hundred forty-seven).

Pursuant to Senate Rule 26 (f), the Clerk reported that Senator Deeds had been added as a co-patron of S.B. 962 (nine hundred sixty-two).

Pursuant to Senate Rule 26 (f), the Clerk reported that Delegate Tata had been added as a co-patron of S.B. 1062 (one thousand sixty-two).

Pursuant to Senate Rule 26 (f), the Clerk reported that Senator Devolites Davis had been added as a co-patron of S.B. 1132 (one thousand one hundred thirty-two).

Pursuant to Senate Rule 26 (f), the Clerk reported that Delegate Armstrong had been added as a co-patron of S.B. 1197 (one thousand one hundred ninety-seven).

Pursuant to Senate Rule 26 (f), the Clerk reported that Senators Reynolds and Stosch had been added as co-patrons of S.B. 1218 (one thousand two hundred eighteen).

Pursuant to Senate Rule 26 (f), the Clerk reported that Senator Stosch had been added as a co-patron of S.J.R. 326 (three hundred twenty-six).

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

On motion of Senator Martin, a leave of absence for the day was granted Senator Rerras on account of pressing personal business. Monday, January 15, 2007 -124- JOURNAL OF THE SENATE

On motion of Senator Chichester, the Senate, in memory of the Reverend Dr. Martin Luther King, Jr., adjourned until tomorrow at 12 m.

William T. Bolling President of the Senate

Susan Clarke Schaar Clerk of the Senate