Thursday, February 10, 2000

JOURNAL OF THE SENATE -635- Thursday, February 10, 2000

THURSDAY, FEBRUARY 10, 2000

The Senate met at 12 m. and was called to order by Lieutenant Governor John H. Hager.

The Reverend Dr. William E. Russell, Pastor, New Hope Baptist Church, Chesapeake, Virginia, offered the following prayer:

Eternal God, Father of Abraham, Isaac, and Jacob, Who has blessed this land and Who has showered blessings on this Commonwealth, we thank Thee that Thou hast blessed and prospered the democratic ideals given to our founding fathers. We pray Your continued blessings on our leaders of this great Commonwealth. We invoke Thy holy presence in this historic chamber and ask a special blessing on its members and leadership as they continue their deliberations for the common good. We ask that Thou would give wisdom and strength to this Senate that they may be responsible and wise, courageous and strong. And guide the people to expect of them and support them in wise legislation that this Commonwealth and its people may continue to prosper. We ask a special prayer for those whose responsibilities take them from families as they travel to this historic place. Guard and protect the homes and families they leave behind. Be Thou pleased to keep them joined in heart and safe while they are apart and bring them safely together again. In Your holy name, we make our prayer. Amen.

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

Barry, Bolling, Byrne, Chichester, Colgan, Couric, Edwards, Forbes, Hanger, Hawkins, Houck, Howell, Lambert, Lucas, Marsh, Martin, Marye, Maxwell, Miller, K.G., Miller, Y.B., Mims, Newman, Norment, Potts, Puckett, Puller, Quayle, Rerras, Reynolds, Saslaw, Schrock, Stolle, Stosch, Ticer, Trumbo, Wampler, Watkins, Whipple, Williams.

A quorum was present.

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

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

YEAS--Barry, Bolling, Byrne, Chichester, Colgan, Couric, Edwards, Forbes, Hanger, Hawkins, Houck, Howell, Lambert, Lucas, Marsh, Martin, Marye, Maxwell, Miller, K.G., Miller, Y.B., Mims, Newman, Norment, Potts, Puckett, Puller, Quayle, Rerras, Reynolds, Saslaw, Schrock, Stolle, Stosch, Ticer, Trumbo, Wampler, Watkins, Whipple, Williams--39. NAYS--0. RULE 36--0.

HOUSE COMMUNICATION

The following communication was received:

In the House of Delegates February 9, 2000

THE HOUSE OF DELEGATES HAS PASSED THE FOLLOWING HOUSE BILLS:

H.B. 5. A BILL to amend and reenact § 20-108.2 of the Code of Virginia, relating to determination of child support. Thursday, February 10, 2000 -636- JOURNAL OF THE SENATE

H.B. 78. A BILL to amend and reenact § 18.2-473.1 of the Code of Virginia, relating to communication with prisoners.

H.B. 96. A BILL to amend and reenact §§ 8.06 and 14.01 of Chapter 542 of the Acts of Assembly of 1990, which provided a charter for the City of Bristol, relating to the Utilities Board and the sale of public property.

H.B. 142. A BILL to amend and reenact §§ 2 and 2(e) as amended, §§ 65 and 66, §§ 70, 71, 72 and 77 as amended, § 78, and §§ 82, 129, 143(a) and 144(c) as amended of Chapter 34 of the Acts of Assembly of 1918, which provided a charter for the City of Norfolk, to amend Chapter 34 by adding a section numbered 42.1, and to repeal § 144(q) as amended of such chapter, relating to city powers, penalties, election of the mayor, city officers, finances, purchasing, the high constable, pension funds and the airport authority.

H.B. 295. A BILL to amend and reenact §§ 16.1-278.7, 16.1-278.8 and 16.1-285 of the Code of Virginia, relating to commitment to the Department of Juvenile Justice; transfer of juveniles convicted as adults to Department of Corrections.

H.B. 297. A BILL to amend and reenact § 18.2-57 of the Code of Virginia, relating to assault and battery: penalty.

H.B. 349. A BILL to amend and reenact § 18.2-35 of the Code of Virginia, relating to injury to or death of an infant under the age of five; penalty.

H.B. 361. A BILL to amend and reenact § 15.2-901 of the Code of Virginia, relating to removal of grass, weeds, and other foreign growth.

H.B. 373. A BILL to amend the Code of Virginia by adding a section numbered § 18.2-186.3, relating to identity fraud; penalty.

H.B. 394. A BILL to amend and reenact § 64.1-47 of the Code of Virginia, relating to who may make a will.

H.B. 427. A BILL to amend the Code of Virginia by adding in Article 6 of Chapter 39 of Title 54.1 a section numbered 54.1-3938.1, relating to subpoena issued pursuant to law of another jurisdiction in lawyer disciplinary proceedings.

H.B. 428. A BILL to amend and reenact §§ 15.2-1628, 15.2-1630, 15.2-1632, 15.2-1633 and 15.2-1636.8 of the Code of Virginia, relating to attorneys for the Commonwealth.

H.B. 430. A BILL to amend and reenact § 22.1-205 of the Code of Virginia, relating to driver education programs.

H.B. 447. A BILL to amend and reenact § 8.01-35.1 of the Code of Virginia, relating to effect of release or covenant not to sue.

H.B. 467. A BILL to amend and reenact § 20-21 of the Code of Virginia, relating to list of marriage licenses not returned.

H.B. 479. A BILL to amend and reenact §§ 9-183.2 and 9-183.3 of the Code of Virginia, relating to the Department of Criminal Justice Services; private security services. JOURNAL OF THE SENATE -637- Thursday, February 10, 2000

H.B. 482. A BILL to amend and reenact § 16.1-245.1 of the Code of Virginia, relating to medical evidence admissible in juvenile and domestic relations district court.

H.B. 490. A BILL to amend and reenact § 16.1-278.9 of the Code of Virginia, relating to suspension of driver’s license for truancy from school.

H.B. 498. A BILL to amend and reenact § 58.1-1820 of the Code of Virginia, relating to assessments.

H.B. 507. A BILL to amend and reenact § 16.1-69.24 of the Code of Virginia, relating to fine for contempt of court; penalty.

H.B. 509. A BILL to amend and reenact § 53.1-223 of the Code of Virginia, relating to restriction on suits against prisoners.

H.B. 511. A BILL to amend and reenact §§ 16.1-253.1 and 16.1-279.1 of the Code of Virginia, relating to preliminary protective orders.

H.B. 539. A BILL to amend and reenact § 15.2-2110 of the Code of Virginia, relating to water and sewer connections.

H.B. 613. A BILL to amend and reenact § 32.1-102.1 of the Code of Virginia, relating to medical care facilities certificate of public need.

H.B. 633. A BILL to amend and reenact § 22.1-253.13:1 of the Code of Virginia, as it shall become effective, relating to the Standards of Learning.

H.B. 709. A BILL to amend and reenact §§ 54.1-3901 and 54.1-3902 of the Code of Virginia, relating to the practice of patent and trademark law.

H.B. 717. A BILL to amend and reenact § 18.2-465.1 of the Code of Virginia, relating to penalizing employee for court appearance or jury service; penalty.

H.B. 750. A BILL to amend and reenact § 26-7.1 of the Code of Virginia, relating to designation of circuit court clerk as attorney for service of process.

H.B. 805. A BILL to amend and reenact §§ 22.1-129 and 22.1-199.1 of the Code of Virginia, relating to donations of obsolete educational hardware and software to students.

H.B. 810. A BILL to amend and reenact §§ 2.1-342.01, 8.01-413 and 32.1-127.1:03 of the Code of Virginia, relating to copies of medical records; release.

H.B. 813. A BILL to amend and reenact § 8.01-4, as it shall become effective, of the Code of Virginia, relating to district court and circuit court rules.

H.B. 867. A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 15 of Title 22.1 a section numbered 22.1-292.1, relating to public school test security violations.

H.B. 870. A BILL to amend and reenact § 8.01-229 of the Code of Virginia, relating to suspension or tolling statute of limitations.

H.B. 905. A BILL to amend the Code of Virginia by adding a section numbered 15.2-915.1, relating to limitations on lawsuits against firearms makers by localities. Thursday, February 10, 2000 -638- JOURNAL OF THE SENATE

H.B. 1018. A BILL to amend and reenact Chapter 587 of the Acts of Assembly of 1997, as amended, and carried by reference in the Code of Virginia as § 15.2-1130, relating to failure to provide adequate security.

H.B. 1097. A BILL to amend and reenact § 22.1-296.2 of the Code of Virginia, relating to criminal history record check for employment by school board.

H.B. 1147. A BILL to amend and reenact § 22.1-279.3 of the Code of Virginia, relating to parental responsibility and involvement in student behavior.

H.B. 1200. A BILL to amend and reenact § 2.1-373.02 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 24 of Title 2.1 an article numbered 3, consisting of sections numbered 2.1-373.15 through 2.1-373.18, relating to a grant program for aged, infirm and disabled adults.

H.B. 1216. A BILL to amend and reenact § 58.1-3967 of the Code of Virginia, and to amend the Code of Virginia by adding in Article 3 of Chapter 32 of Title 58.1 a section numbered 58.1-3228 and by adding a section numbered 58.1-3965.1, relating to delinquent real property taxes, process; release of delinquent tax lien.

H.B. 1232. A BILL to amend the Code of Virginia by adding in Title 15.2 a chapter numbered 24.1, consisting of sections numbered 15.2-2414 through 15.2-2418, relating to the Urban Public-Private Partnership Redevelopment Fund.

H.B. 1245. A BILL to amend and reenact § 15.2-4313 of the Code of Virginia, relating to agricultural and forestal districts.

H.B. 1277. A BILL to amend and reenact §§ 28.2-302.5 and 29.1-301 of the Code of Virginia, relating to free fishing days.

H.B. 1419. A BILL to amend and reenact §§ 18.2-259.1, 18.2-271.1, 46.2-320, 46.2-393 and 46.2-499 of the Code of Virginia, relating to restricted license.

H.B. 1482. A BILL to amend and reenact § 18.2-76 of the Code of Virginia, relating to informed written consent for abortion; civil penalty.

H.B. 1535. A BILL to provide for four year council terms and staggered elections for the Town of Irvington.

IT HAS AGREED TO THE FOLLOWING HOUSE JOINT RESOLUTIONS:

H.J.R. 124. Proposing an amendment to the Constitution of Virginia by adding in Article XI a section numbered 4, relating to the right of the people to hunt, fish, and harvest game.

H.J.R. 127. Designating March 25, 2000, as Greek Independence Day in Virginia.

H.J.R. 298. Designating April 24, 2000, as Virginia Day of Remembrance of the Armenian Genocide of 1915-1923.

H.J.R. 386. Designating the month of September as Scottish-American Heritage Month in Virginia.

IN WHICH ACTION IT REQUESTS THE CONCURRENCE OF THE SENATE. JOURNAL OF THE SENATE -639- Thursday, February 10, 2000

/s/ Bruce F. Jamerson Clerk, House of Delegates

On motion of Senator Norment, the Rules were suspended and the reading of the communication from the House of Delegates was waived.

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

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. 5, H.B. 78, H.B. 295, H.B. 297, H.B. 349, H.B. 373, H.B. 394, H.B. 427, H.B. 428, H.B. 447, H.B. 467, H.B. 482, H.B. 490, H.B. 507, H.B. 509, H.B. 511, H.B. 709, H.B. 717, H.B. 750, H.B. 813, H.B. 870, H.B. 905, and H.B. 1419 were referred to the Committee for Courts of Justice.

H.B. 96, H.B. 142, H.B. 361, H.B. 539, H.B. 1018, H.B. 1232, H.B. 1245, and H.B. 1535 were referred to the Committee on Local Government.

H.B. 430, H.B. 613, H.B. 633, H.B. 805, H.B. 810, H.B. 867, H.B. 1097, H.B. 1147, and H.B. 1482 were referred to the Committee on Education and Health.

H.B. 479 and H.B. 1200 were referred to the Committee on General Laws.

H.B. 498 and H.B. 1216 were referred to the Committee on Finance.

H.B. 1277 was referred to the Committee on Agriculture, Conservation and Natural Resources.

The House joint resolutions, communicated as agreed to by the House of Delegates, the first reading of their titles having been waived, were referred as follows:

H.J.R. 124 was referred to the Committee on Privileges and Elections.

H.J.R. 127, H.J.R. 298, and H.J.R. 386 were referred to the Committee on Rules.

COMMITTEE REPORT

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

S.B. 25 (twenty-five). S.B. 113 (one hundred thirteen) with amendments. S.B. 302 (three hundred two) with the recommendation that it be rereferred to the Committee on Finance. S.B. 487 (four hundred eighty-seven) with substitute. Thursday, February 10, 2000 -640- JOURNAL OF THE SENATE

S.B. 503 (five hundred three) with the recommendation that it be rereferred to the Committee on Finance. S.B. 507 (five hundred seven) with the recommendation that it be rereferred to the Committee on Finance. S.B. 576 (five hundred seventy-six). S.B. 631 (six hundred thirty-one). S.B. 652 (six hundred fifty-two) with the recommendation that it be rereferred to the Committee on Finance. S.B. 665 (six hundred sixty-five). S.B. 677 (six hundred seventy-seven) with substitute. S.B. 679 (six hundred seventy-nine) with substitute. S.B. 682 (six hundred eighty-two). S.B. 683 (six hundred eighty-three). S.B. 691 (six hundred ninety-one). S.B. 699 (six hundred ninety-nine). S.B. 700 (seven hundred) with the recommendation that it be rereferred to the Committee on Finance. S.B. 706 (seven hundred six) with amendments. S.B. 725 (seven hundred twenty-five) with substitute. S.B. 737 (seven hundred thirty-seven) with the recommendation that it be rereferred to the Committee on Finance. S.B. 746 (seven hundred forty-six) with substitute.

S.B. 302, S.B. 503, S.B. 507, S.B. 652, S.B. 700, and S.B. 737 were rereferred to the Committee on Finance.

JUDICIAL NOMINATION FORM RECEIVED

Pursuant to Senate Rule 18 (c), the following judicial nomination form was filed with the Clerk:

COMMONWEALTH OF VIRGINIA SENATE

JUDICIAL NOMINATION FORM JUVENILE AND DOMESTIC RELATIONS DISTRICT COURT

TO THE SENATE OF VIRGINIA:

The undersigned Senators representing the Twenty-eighth Judicial District hereby nominate, pursuant to Senate Rule 18 (c), the following person to be elected to the juvenile and domestic relations district court judgeship listed below:

Charles F. Lincoln, of Smyth, as a judge of the Twenty-eighth Judicial District for a term of six years commencing February 12, 2000.

Respectfully submitted,

/s/ Madison E. Marye /s/ William C. Wampler, Jr. /s/ Phillip P. Puckett JOURNAL OF THE SENATE -641- Thursday, February 10, 2000

GUESTS PRESENTED

On motion of Senator Norment, the Rules were suspended for the purpose of granting the privileges of the floor to a distinguished person.

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

YEAS--Barry, Bolling, Byrne, Chichester, Colgan, Couric, Edwards, Forbes, Hanger, Hawkins, Houck, Howell, Lambert, Lucas, Marsh, Martin, Marye, Maxwell, Miller, K.G., Miller, Y.B., Mims, Newman, Norment, Potts, Puckett, Puller, Quayle, Rerras, Reynolds, Saslaw, Schrock, Stolle, Stosch, Trumbo, Wampler, Watkins, Whipple, Williams--38. NAYS--0. RULE 36--0.

Senator Norment presented former Senator Brandon Bell to the Senate.

On motion of Senator Norment, the Rules were suspended for the purpose of granting the privileges of the floor to a distinguished person.

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

Senator Couric presented Joseph C. Palumbo, member of the Intercollegiate Football Hall of Fame, to the Senate.

On motion of Senator Norment, the Rules were suspended for the purpose of granting the privileges of the floor to a distinguished person.

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

Senator Ticer presented Vola Lawson, City Manager of Alexandria, to the Senate.

COMMUNICATION

The following communication was received: Thursday, February 10, 2000 -642- JOURNAL OF THE SENATE

COMMONWEALTH OF VIRGINIA Office of the Governor

February 7, 2000

TO THE SENATE OF VIRGINIA:

Pursuant to the provisions of House Joint Resolution No. 6, I hereby request introduction and consideration of

A bill to amend and reenact Section 23-76.1 of the Code of Virginia, relating to endowment funds of the University of Virginia.

/s/ James S. Gilmore, III Governor of Virginia

[Subsequently, the bill numbered S.B. 777, was presented, ordered to be printed, and referred under House Joint Resolution No. 6 and Senate Rule 11 (b).]

INTRODUCTION OF LEGISLATION

Pursuant to the provisions of House Joint Resolution No. 6 and Senate Rule 11 (b), at the request of the Governor, the following bill was presented, ordered to be printed, and referred:

S.B. 777. A BILL to amend and reenact § 23-76.1 of the Code of Virginia, relating to endowment funds of the University of Virginia. Patron--Stosch Referred to Committee on Education and Health

Pursuant to the provisions of House Joint Resolution No. 6 and Senate Rule 11 (b), Senator Newman requested and was granted consent to introduce a bill.

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

Subsequently, the following was presented, ordered to be printed, and referred:

S.B. 778. A BILL authorizing the Department of Mental Health, Mental Retardation and Substance Abuse Services to convey certain rights-of-way to Amherst County. Patron--Newman Referred to Committee for Courts of Justice JOURNAL OF THE SENATE -643- Thursday, February 10, 2000

CALENDAR

SENATE BILLS ON THIRD READING

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. 212 (two hundred twelve). S.B. 228 (two hundred twenty-eight). S.B. 250 (two hundred fifty). S.B. 251 (two hundred fifty-one). S.B. 403 (four hundred three). S.B. 445 (four hundred forty-five). S.B. 456 (four hundred fifty-six). S.B. 514 (five hundred fourteen). S.B. 582 (five hundred eighty-two). S.B. 594 (five hundred ninety-four). S.B. 620 (six hundred twenty). S.B. 668 (six hundred sixty-eight). S.B. 674 (six hundred seventy-four).

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.

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

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

Newman, Norment, Potts, Puckett, Puller, Quayle, Rerras, Reynolds, Saslaw, Schrock, Stolle, Stosch, Ticer, Trumbo, Wampler, Watkins, Whipple, Williams--39. NAYS--0. RULE 36--0.

S.B. 225 (two hundred twenty-five) was taken up.

RECONSIDERATION

Senator Stolle moved to reconsider the vote by which S.B. 225 (two hundred twenty-five) was ordered to be engrossed and read by title the third time.

The motion was agreed to.

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

S.B. 225, on motion of Senator Stolle, was passed by for the day.

S.B. 591 (five hundred ninety-one) was read by title the third time and, on motion of Senator Norment, was passed with its title.

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

S.B. 701 (seven hundred one) was read by title the third time.

Senator Ticer moved that the bill be passed with its title.

The question was put on passing the bill with its title.

S.B. 701 was defeated with its title. JOURNAL OF THE SENATE -645- Thursday, February 10, 2000

The recorded vote is as follows: YEAS--16. NAYS--19. RULE 36--1.

YEAS--Byrne, Couric, Edwards, Houck, Howell, Lambert, Lucas, Marsh, Marye, Miller, Y.B., Puckett, Puller, Reynolds, Saslaw, Ticer, Whipple--16. NAYS--Bolling, Chichester, Forbes, Hanger, Hawkins, Martin, Miller, K.G., Mims, Norment, Potts, Quayle, Rerras, Schrock, Stolle, Stosch, Trumbo, Wampler, Watkins, Williams--19. RULE 36--Maxwell--1.

S.B. 221 (two hundred twenty-one) was read by title the third time and, on motion of Senator Edwards, was passed with its title.

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

YEAS--Barry, Bolling, Byrne, Chichester, Couric, Edwards, Forbes, Hanger, Hawkins, Houck, Howell, Lambert, Lucas, Marsh, Martin, Marye, Maxwell, Miller, K.G., Miller, Y.B., Mims, Newman, Norment, Potts, Puckett, Puller, Quayle, Rerras, Reynolds, Saslaw, Schrock, Stolle, Stosch, Ticer, Trumbo, Wampler, Watkins, Whipple, Williams--38. NAYS--0. RULE 36--0.

RECONSIDERATION

Senator Norment moved to reconsider the vote by which S.B. 591 (five hundred ninety-one) was passed with its title.

The motion was agreed to.

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

YEAS--Bolling, Byrne, Chichester, Colgan, Couric, Edwards, Forbes, Hanger, Hawkins, Houck, Howell, Lambert, Lucas, Marsh, Martin, Marye, Maxwell, Miller, K.G., Miller, Y.B., Mims, Newman, Norment, Potts, Puckett, Puller, Quayle, Rerras, Reynolds, Saslaw, Schrock, Stolle, Stosch, Ticer, Trumbo, Wampler, Watkins, Whipple, Williams--38. NAYS--0. RULE 36--0.

S.B. 591, on motion of Senator Norment, was passed with its title.

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

YEAS--Barry, Bolling, Byrne, Chichester, Colgan, Couric, Edwards, Forbes, Hanger, Hawkins, Houck, Howell, Lambert, Lucas, Marsh, Martin, Marye, Maxwell, Miller, K.G., Miller, Y.B., Mims, Norment, Potts, Puckett, Puller, Quayle, Rerras, Reynolds, Saslaw, Schrock, Stolle, Stosch, Ticer, Trumbo, Wampler, Watkins, Whipple, Williams--38. NAYS--0. RULE 36--0. Thursday, February 10, 2000 -646- JOURNAL OF THE SENATE

RECONSIDERATION

Senator Norment moved to reconsider the vote by which S.B. 701 (seven hundred one) was defeated with its title.

The motion was agreed to.

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

YEAS--Bolling, Byrne, Chichester, Colgan, Couric, Edwards, Forbes, Hanger, Hawkins, Houck, Howell, Lambert, Lucas, Marsh, Martin, Marye, Maxwell, Miller, K.G., Miller, Y.B., Mims, Norment, Potts, Puckett, Puller, Quayle, Rerras, Reynolds, Saslaw, Schrock, Stolle, Stosch, Ticer, Trumbo, Wampler, Watkins, Whipple, Williams--37. NAYS--0. RULE 36--0.

Senator Norment moved that the bill be passed with its title.

The question was put on passing the bill with its title.

S.B. 701 was defeated with its title.

The recorded vote is as follows: YEAS--17. NAYS--19. RULE 36--1.

YEAS--Byrne, Colgan, Couric, Edwards, Houck, Howell, Lambert, Lucas, Marsh, Marye, Miller, Y.B., Puckett, Puller, Reynolds, Saslaw, Ticer, Whipple--17. NAYS--Bolling, Chichester, Forbes, Hanger, Hawkins, Martin, Miller, K.G., Mims, Norment, Potts, Quayle, Rerras, Schrock, Stolle, Stosch, Trumbo, Wampler, Watkins, Williams--19. RULE 36--Maxwell--1.

At 12:55 p.m., Senator Norment moved that the Senate recess until 1:35 p.m.

The motion was agreed to.

The hour of 1:35 p.m. having arrived, the Chair was resumed.

SENATE BILLS ON THIRD READING RECONSIDERATION

Senator Norment moved to reconsider the vote by which the following Senate bills were passed en bloc:

S.B. 212 (two hundred twelve). S.B. 228 (two hundred twenty-eight). S.B. 250 (two hundred fifty). S.B. 251 (two hundred fifty-one). S.B. 403 (four hundred three). S.B. 445 (four hundred forty-five). S.B. 456 (four hundred fifty-six). S.B. 514 (five hundred fourteen). JOURNAL OF THE SENATE -647- Thursday, February 10, 2000

S.B. 582 (five hundred eighty-two). S.B. 594 (five hundred ninety-four). S.B. 620 (six hundred twenty). S.B. 668 (six hundred sixty-eight). S.B. 674 (six hundred seventy-four).

The motion was agreed to.

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

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

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

S.B. 674 (six hundred seventy-four), on motion of Senator Norment, was passed by for the day.

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. Thursday, February 10, 2000 -648- JOURNAL OF THE SENATE

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. 771 (seven hundred seventy-one). S.B. 24 (twenty-four). S.B. 26 (twenty-six). S.B. 39 (thirty-nine). S.B. 76 (seventy-six). S.B. 84 (eighty-four). S.B. 95 (ninety-five). S.B. 98 (ninety-eight). S.B. 100 (one hundred). S.B. 137 (one hundred thirty-seven). S.B. 182 (one hundred eighty-two). S.B. 243 (two hundred forty-three). S.B. 252 (two hundred fifty-two). S.B. 293 (two hundred ninety-three). S.B. 315 (three hundred fifteen). S.B. 349 (three hundred forty-nine). S.B. 357 (three hundred fifty-seven). S.B. 392 (three hundred ninety-two). S.B. 410 (four hundred ten). S.B. 417 (four hundred seventeen). S.B. 418 (four hundred eighteen). S.B. 419 (four hundred nineteen). S.B. 420 (four hundred twenty). S.B. 429 (four hundred twenty-nine). S.B. 430 (four hundred thirty). S.B. 483 (four hundred eighty-three). S.B. 485 (four hundred eighty-five). S.B. 517 (five hundred seventeen). S.B. 537 (five hundred thirty-seven). S.B. 580 (five hundred eighty). S.B. 595 (five hundred ninety-five). S.B. 645 (six hundred forty-five). S.B. 655 (six hundred fifty-five). S.B. 656 (six hundred fifty-six). S.B. 664 (six hundred sixty-four). S.B. 681 (six hundred eighty-one). S.B. 688 (six hundred eighty-eight). S.B. 715 (seven hundred fifteen). S.B. 730 (seven hundred thirty). S.B. 765 (seven hundred sixty-five). S.B. 766 (seven hundred sixty-six). S.B. 768 (seven hundred sixty-eight). S.B. 773 (seven hundred seventy-three).

The motion was agreed to.

S.B. 771 (seven hundred seventy-one) was taken up. JOURNAL OF THE SENATE -649- Thursday, February 10, 2000

Senator Reynolds offered the following amendments:

1. Page 1, introduced, Title, line 3, after 4.1-100, strike 4.1-208 insert 4.1-207

2. Page 1, introduced, line 13, after 4.1-100, strike 4.1-208 insert 4.1-207

3. Page 5, introduced, line 15, after Class strike B insert A

4. Page 5, introduced, line 19, after Class strike A insert B

5. Page 5, introduced, line 22, after Commonwealth. insert No Class B farm winery license shall be issued to any person who has not operated under an existing Virginia farm winery license for at least seven years.

6. Page 5, introduced, line 50, after $145 for any Class strike B insert A

7. Page 5, introduced, line 50, after $2,860 for any Class strike A insert B

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

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

S.B. 24 (twenty-four) was taken up.

The following amendments proposed by the Committee on Finance were offered:

1. Page 1, introduced, line 13, after Rivanna Thursday, February 10, 2000 -650- JOURNAL OF THE SENATE

strike Observation insert Conservation

2. Page 1, introduced, line 14, after Rivanna strike Observation insert Conservation

3. Page 1, introduced, line 17 strike Observation insert Conservation

The reading of the amendments was waived.

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

S.B. 26 (twenty-six) was taken up.

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

1. Page 5, introduced, line 36, after be strike different from insert more restrictive than

2. Page 14, introduced, line 19, after be strike different from insert more restrictive than

The reading of the amendments was waived.

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

Senator Couric offered the following amendment:

1. Page 5, introduced, line 33, after or colonoscopy, insert or in appropriate circumstances radiologic imaging,

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

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

S.B. 39 (thirty-nine) was taken up. JOURNAL OF THE SENATE -651- Thursday, February 10, 2000

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

1. Page 2, introduced, line 1, after consumption by strike , or sold by,

The reading of the amendment was waived.

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

S.B. 76 (seventy-six) 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 §§ 51.1-126, 51.1-126.3 and 51.1-502.2 of the Code of Virginia, relating to retirement plans.

The reading of the substitute was waived.

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

S.B. 84 (eighty-four) was taken up.

The following amendment proposed by the Committee on Education and Health was offered:

1. Page 1, introduced, line 28, after at home. strike The funding for the project shall be appropriated by the General Assembly. insert The Project shall be funded from such funds as may be appropriated for its implementation and from such grant moneys or other funds as may be otherwise available for this purpose.

The reading of the amendment was waived.

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

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

1. Page 1, introduced, after line 45 insert 3. That the provisions of this act shall not become effective unless an appropriation effectuating the purposes of this act is included in the 2000 appropriation act, passed during the 2000 session of the General Assembly and signed into law by the Governor.

The reading of the amendment was waived.

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

S.B. 98 (ninety-eight) was taken up. Thursday, February 10, 2000 -652- JOURNAL OF THE SENATE

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

1. Page 1, introduced, line 16, after Street strike and identified by Fairfax County Map Number 80-4, ((01)), Parcel 28B

The reading of the amendment was waived.

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

S.B. 100 (one hundred) was taken up.

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

1. Page 15, introduced, line 13, after consumption by strike or sold by

The reading of the amendment was waived.

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

S.B. 243 (two hundred forty-three) was taken up.

The following amendments proposed by the Committee on Privileges and Elections were offered:

1. Page 1, introduced, line 13 strike Each insert A. Except as provided in subsection B, each

2. Page 1, introduced, after line 47 insert B. Notwithstanding the provisions of subsection A, a political committee that is established or controlled by a corporation doing business in Virginia shall provide the following information in its statement of organization in lieu of the information required in subdivisions 1, 4, 5, and 11: 1. The name and address of the committee; 4. The name, residence and business addresses, and position of the custodian, if any, of books and accounts; 5. The name, residence address, and position of other principal officers, including officers and members of the finance committee, if any; and 11. A listing of all banks, safe-deposit boxes, or other repositories used.

The reading of the amendments was waived.

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

S.B. 293 (two hundred ninety-three) was taken up. JOURNAL OF THE SENATE -653- Thursday, February 10, 2000

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

A BILL to amend and reenact § 15.2-1747 of the Code of Virginia, relating to regional criminal justice training academies.

The reading of the substitute was waived.

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

S.B. 315 (three hundred fifteen) was taken up.

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 and reenact §§ 24.2-700 and 24.2-701 of the Code of Virginia, relating to absentee voting and absentee ballot applications.

The reading of the substitute was waived.

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

S.B. 417 (four hundred seventeen) was taken up.

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 and reenact §§ 24.2-914.1, 24.2-915, and 24.2-929 of the Code of Virginia, relating to campaign finance disclosure reports; penalties.

The reading of the substitute was waived.

On motion of Senator Miller, K.G., the substitute was agreed to.

S.B. 419 (four hundred nineteen) was taken up.

The following amendments proposed by the Committee on Privileges and Elections were offered:

1. Page 1, introduced, Title, line 3, after 24.2-114 strike , 24.2-405, and 24.2-707 insert and 24.2-405

2. Page 1, introduced, line 13, after 24.2-114 strike , 24.2-405, and 24.2-707 insert and 24.2-405

3. Page 3, introduced, line 10 Thursday, February 10, 2000 -654- JOURNAL OF THE SENATE

strike all of lines 10 through 48

The reading of the amendments was waived.

On motion of Senator Miller, K.G., the amendments were agreed to.

S.B. 430 (four hundred thirty) was taken up.

The following amendments proposed by the Committee on Privileges and Elections were offered:

1. Page 2, introduced, line 3, after students insert , selected by the electoral board in cooperation with high school authorities,

2. Page 2, introduced, line 3, after board insert , other than a central absentee voter precinct

3. Page 2, introduced, line 10, after materials insert , or enter any voting booth

The reading of the amendments was waived.

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

S.B. 483 (four hundred eighty-three) 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 22.1-113.1, relating to special tax districts in counties containing a town school division.

The reading of the substitute was waived.

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

S.B. 485 (four hundred eighty-five) was taken up.

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 and reenact §§ 24.2-613 and 24.2-642 of the Code of Virginia, relating to ballots and voting equipment.

The reading of the substitute was waived.

On motion of Senator Miller, K.G., the substitute was agreed to.

S.B. 645 (six hundred forty-five) was taken up. JOURNAL OF THE SENATE -655- Thursday, February 10, 2000

The following amendment proposed by the Committee on Agriculture, Conservation and Natural Resources was offered:

1. Page 1, introduced, line 32, after by insert at least

The reading of the amendment was waived.

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

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

1. Page 2, introduced, after line 25 insert 2. That the provisions of this act shall not become effective unless an appropriation effectuating the purposes of this act is included in the 2000 appropriation act, passed during the 2000 session of the General Assembly and signed into law by the Governor.

The reading of the amendment was waived.

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

S.B. 655 (six hundred fifty-five) was taken up.

The following amendments proposed by the Committee on Local Government were offered:

1. Page 1, introduced, line 23, after attorney insert representing any of the foregoing in such proceeding,

2. Page 1, introduced, line 26, after partnership insert , other than a limited partnership

3. Page 1, introduced, line 33, after firm, insert limited partnership,

4. Page 1, introduced, line 37, after financial strike interest insert relationship

5. Page 1, introduced, line 42, after thereon insert ; unless, he states in writing, under oath, that such business or financial relationship shall not affect or influence his vote in such case

The reading of the amendments was waived. Thursday, February 10, 2000 -656- JOURNAL OF THE SENATE

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

S.B. 656 (six hundred fifty-six) was take up.

The following amendments proposed by the Committee on Rules were offered:

1. Page 1, introduced, line 21, after to, insert a present or former Governor and presented to, or acquired, by the Governor and displayed in that part of the building under the direct supervision of the Governor or a present or former presiding officer of the Senate or

2. Page 1, introduced, line 23, after member’s insert or presiding officer’s

The reading of the amendments was waived.

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

S.B. 664 (six hundred sixty-four) was taken up.

The following amendments proposed by the Committee on Finance were offered:

1. Page 1, introduced, line 15, after § 58.1-339.8. strike Forested insert Riparian

2. Page 1, introduced, line 24, after individualized strike Forest insert Riparian

3. Page 1, introduced, line 26, after less than strike fifty insert thirty-five

4. Page 1, introduced, line 43, after § 58.1-439.12. strike Forested insert Riparian

5. Page 1, introduced, line 52, after individualized strike Forest JOURNAL OF THE SENATE -657- Thursday, February 10, 2000

insert Riparian

6. Page 1, introduced, line 54, after less than strike fifty insert thirty-five

The reading of the amendments was waived.

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

S.B. 688 (six hundred eighty-eight) was taken up.

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 and reenact §§ 24.2-226, 24.2-227, and 24.2-682 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 24.2-228.1, relating to the filing of vacancies in constitutional offices by special elections.

The reading of the substitute was waived.

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

Senator Schrock offered the following amendment to the substitute:

1. Page 1, substitute, line 51 strike lines 51 through 54 insert B. The highest ranking deputy officer, or, in the case of the office of attorney for the Commonwealth, the highest ranking full-time assistant attorney for the Commonwealth, if there is such a deputy or assistant in the office, shall be vested with the powers and shall perform all of the duties of the office until the qualified voters fill the vacancy by election and the person so elected has qualified and taken the oath of office. In the event that (i) there is no deputy officer or full-time assistant attorney for the Commonwealth in the office, or (ii) the highest-ranking deputy officer or assistant attorney for the Commonwealth declines to serve, the court shall make an interim appointment to fill the vacancy pursuant to § 24.2-227 until the qualified voters fill the vacancy by election and the person so elected has qualified and taken the oath of office.

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

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

S.B. 715 (seven hundred fifteen) was taken up. Thursday, February 10, 2000 -658- JOURNAL OF THE SENATE

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

A BILL to amend and reenact §§ 62.1-199 and 62.1-215, relating to the Virginia Resources Authority.

The reading of the substitute was waived.

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

S.B. 730 (seven hundred thirty) was taken up.

The following amendment proposed by the Committee on Privileges and Elections was offered:

1. Page 1, introduced, line 21, after an application strike from a person who is eligible for an absentee ballot under subdivision 2 of § 24.2-700 insert on a Federal Post Card Application prescribed pursuant to 42 U.S.C. § 1973ff (b) (2)

The reading of the amendment was waived.

On motion of Senator Martin, the amendment 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. 771 (seven hundred seventy-one) as amended. S.B. 24 (twenty-four) as amended. S.B. 26 (twenty-six) as amended. S.B. 39 (thirty-nine) as amended. S.B. 76 (seventy-six) as amended. S.B. 84 (eighty-four) as amended. S.B. 95 (ninety-five). S.B. 98 (ninety-eight) as amended. S.B. 100 (one hundred) as amended. S.B. 137 (one hundred thirty-seven). S.B. 182 (one hundred eighty-two). S.B. 243 (two hundred forty-three) as amended. S.B. 252 (two hundred fifty-two). S.B. 293 (two hundred ninety-three) as amended. S.B. 315 (three hundred fifteen) as amended. S.B. 349 (three hundred forty-nine). S.B. 357 (three hundred fifty-seven). S.B. 392 (three hundred ninety-two). S.B. 410 (four hundred ten). S.B. 417 (four hundred seventeen) as amended. S.B. 418 (four hundred eighteen). S.B. 419 (four hundred nineteen) as amended. S.B. 420 (four hundred twenty). S.B. 429 (four hundred twenty-nine). JOURNAL OF THE SENATE -659- Thursday, February 10, 2000

S.B. 430 (four hundred thirty) as amended. S.B. 483 (four hundred eighty-three) as amended. S.B. 485 (four hundred eighty-five) as amended. S.B. 517 (five hundred seventeen). S.B. 537 (five hundred thirty-seven). S.B. 580 (five hundred eighty). S.B. 595 (five hundred ninety-five). S.B. 645 (six hundred forty-five) as amended. S.B. 655 (six hundred fifty-five) as amended. S.B. 656 (six hundred fifty-six) as amended. S.B. 664 (six hundred sixty-four) as amended. S.B. 681 (six hundred eighty-one). S.B. 688 (six hundred eighty-eight) as amended. S.B. 715 (seven hundred fifteen) as amended. S.B. 730 (seven hundred thirty) as amended. S.B. 765 (seven hundred sixty-five). S.B. 766 (seven hundred sixty-six). S.B. 768 (seven hundred sixty-eight). S.B. 773 (seven hundred seventy-three).

S.B. 586 (five hundred eighty-six), on motion of Senator Norment, was passed by for the day.

S.B. 313 (three hundred thirteen) was taken up, the committee amendments having been agreed to on February 7, 2000.

RECONSIDERATION

Senator Williams moved to reconsider the vote by which the committee amendments to S.B. 313 (three hundred thirteen) were agreed to.

The motion was agreed to.

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

On motion of Senator Williams, amendments Nos. 1 and 2 were agreed to.

Senator Williams moved that amendment No. 3 be rejected.

The question was put on agreeing to amendment No. 3.

Amendment No. 3 was rejected.

Senator Williams offered the following amendment: Thursday, February 10, 2000 -660- JOURNAL OF THE SENATE

1. Page 1, introduced, line 17, after perform any and all strike maintenance required insert repairs required to protect the roadway and to ensure the proper function of the easement within the right of way and

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

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

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

S.B. 157 (one hundred fifty-seven) was read by title the second time and, on motion of Senator Newman, was ordered to be engrossed and read by title the third time.

S.B. 481 (four hundred eighty-one) was read by title the second time.

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

1. Page 2, introduced, after line 18 insert 2. That this act shall be effective if funds are appropriated by the 2000 session of the General Assembly, subject to the restrictions of paragraphs a., b., c., and d. a. If the funds appropriated by the 2000 session of the General Assembly are less than $8,173,204 for FY 2001 and $8,591,029 for FY 2002, the increases in fees authorized in this act for counsel appointed pursuant to § 19.2-163 shall be prorated by the Executive Secretary of the Supreme Court as provided for in paragraphs b., c. and d. b. A proration factor for each year shall be derived by dividing the actual amounts included in the appropriations act for an increase in fees pursuant to this act for each year by the amounts in paragraph a. above for each fiscal year. c. The increase in fees for each year, derived by subtracting the fees authorized in § 19.2-163 as of January 1, 2000 from the fees included in this act, shall be multiplied by the proration factor derived in paragraph b. above. d. The actual fees to be paid to counsel appointed pursuant to this act shall be equal to the sum of the existing fees authorized in § 19.2-163 as of January 1, 2000 plus the prorated increase derived in paragraph c. above.

The reading of the amendment was waived.

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

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

S.B. 643 (six hundred forty-three) was read by title the second time.

The following amendment proposed by the Committee on Local Government was offered:

1. Page 1, introduced, line 44 strike all of lines 44 through 46 JOURNAL OF THE SENATE -661- Thursday, February 10, 2000

The reading of the amendment was waived.

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

On motion of Senator Hanger, 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. 110 (one hundred ten). S.B. 186 (one hundred eighty-six). S.B. 202 (two hundred two). S.B. 235 (two hundred thirty-five). S.B. 262 (two hundred sixty-two). S.B. 311 (three hundred eleven). S.B. 338 (three hundred thirty-eight). S.B. 390 (three hundred ninety). S.B. 495 (four hundred ninety-five). S.B. 518 (five hundred eighteen). S.B. 525 (five hundred twenty-five). S.B. 535 (five hundred thirty-five). S.B. 538 (five hundred thirty-eight). S.B. 592 (five hundred ninety-two). S.B. 603 (six hundred three). S.B. 626 (six hundred twenty-six). S.B. 627 (six hundred twenty-seven). S.B. 628 (six hundred twenty-eight). S.B. 630 (six hundred thirty). S.B. 638 (six hundred thirty-eight). S.B. 639 (six hundred thirty-nine). S.B. 660 (six hundred sixty). S.B. 671 (six hundred seventy-one). S.B. 672 (six hundred seventy-two). S.B. 731 (seven hundred thirty-one). S.B. 739 (seven hundred thirty-nine). S.B. 742 (seven hundred forty-two). S.B. 80 (eighty). S.B. 81 (eighty-one). S.B. 143 (one hundred forty-three). S.B. 145 (one hundred forty-five). S.B. 150 (one hundred fifty). S.B. 153 (one hundred fifty-three). S.B. 168 (one hundred sixty-eight). S.B. 176 (one hundred seventy-six). S.B. 196 (one hundred ninety-six). S.B. 197 (one hundred ninety-seven). S.B. 199 (one hundred ninety-nine). S.B. 387 (three hundred eighty-seven). S.B. 524 (five hundred twenty-four). S.B. 741 (seven hundred forty-one). Thursday, February 10, 2000 -662- JOURNAL OF THE SENATE

S.B. 757 (seven hundred fifty-seven). S.B. 775 (seven hundred seventy-five).

The motion was agreed to.

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

YEAS--Barry, Bolling, Byrne, Chichester, Colgan, Couric, Edwards, Forbes, Hanger, Hawkins, Houck, Howell, Lambert, Marsh, Martin, Marye, Maxwell, Miller, K.G., Miller, Y.B., Mims, Newman, Norment, Potts, Puckett, Puller, Quayle, Rerras, Reynolds, Saslaw, Schrock, Stolle, Stosch, Ticer, Trumbo, Wampler, Watkins, Whipple, Williams--38. NAYS--0. RULE 36--0.

STATEMENT ON VOTE

Senator Lucas stated that she was recorded as not voting on the question of suspending the Rules and dispensing with the first constitutional reading of the Senate bills on First Reading, whereas she intended to vote yea.

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

S.B. 110 (one hundred ten). S.B. 186 (one hundred eighty-six). S.B. 202 (two hundred two). S.B. 235 (two hundred thirty-five). S.B. 262 (two hundred sixty-two). S.B. 311 (three hundred eleven). S.B. 338 (three hundred thirty-eight). S.B. 390 (three hundred ninety). S.B. 495 (four hundred ninety-five). S.B. 518 (five hundred eighteen). S.B. 525 (five hundred twenty-five). S.B. 535 (five hundred thirty-five). S.B. 538 (five hundred thirty-eight). S.B. 592 (five hundred ninety-two). S.B. 603 (six hundred three). S.B. 626 (six hundred twenty-six). S.B. 627 (six hundred twenty-seven). S.B. 628 (six hundred twenty-eight). S.B. 630 (six hundred thirty). S.B. 638 (six hundred thirty-eight). S.B. 639 (six hundred thirty-nine). S.B. 660 (six hundred sixty). S.B. 671 (six hundred seventy-one). S.B. 672 (six hundred seventy-two). S.B. 731 (seven hundred thirty-one). S.B. 739 (seven hundred thirty-nine). S.B. 742 (seven hundred forty-two). S.B. 80 (eighty). S.B. 81 (eighty-one). JOURNAL OF THE SENATE -663- Thursday, February 10, 2000

S.B. 143 (one hundred forty-three). S.B. 145 (one hundred forty-five). S.B. 150 (one hundred fifty). S.B. 153 (one hundred fifty-three). S.B. 168 (one hundred sixty-eight). S.B. 176 (one hundred seventy-six). S.B. 196 (one hundred ninety-six). S.B. 197 (one hundred ninety-seven). S.B. 199 (one hundred ninety-nine). S.B. 387 (three hundred eighty-seven). S.B. 524 (five hundred twenty-four). S.B. 741 (seven hundred forty-one). S.B. 757 (seven hundred fifty-seven). S.B. 775 (seven hundred seventy-five).

SENATE JOINT RESOLUTIONS ON SECOND READING

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

The motion was agreed to.

Senator Norment moved that the following Senate joint resolutions, the titles of the joint resolutions having been printed in the Calendar for their second reading, be placed before the Senate by number only:

S.J.R. 41 (forty-one). S.J.R. 72 (seventy-two). S.J.R. 93 (ninety-three). S.J.R. 109 (one hundred nine). S.J.R. 123 (one hundred twenty-three). S.J.R. 124 (one hundred twenty-four). S.J.R. 126 (one hundred twenty-six). S.J.R. 146 (one hundred forty-six). S.J.R. 147 (one hundred forty-seven). S.J.R. 148 (one hundred forty-eight). S.J.R. 150 (one hundred fifty). S.J.R. 155 (one hundred fifty-five). S.J.R. 156 (one hundred fifty-six). S.J.R. 165 (one hundred sixty-five). S.J.R. 169 (one hundred sixty-nine). S.J.R. 175 (one hundred seventy-five). S.J.R. 178 (one hundred seventy-eight). S.J.R. 190 (one hundred ninety). S.J.R. 192 (one hundred ninety-two). S.J.R. 193 (one hundred ninety-three). S.J.R. 195 (one hundred ninety-five). S.J.R. 196 (one hundred ninety-six). S.J.R. 197 (one hundred ninety-seven). S.J.R. 218 (two hundred eighteen). S.J.R. 223 (two hundred twenty-three). S.J.R. 228 (two hundred twenty-eight). S.J.R. 233 (two hundred thirty-three). Thursday, February 10, 2000 -664- JOURNAL OF THE SENATE

S.J.R. 235 (two hundred thirty-five). S.J.R. 240 (two hundred forty). S.J.R. 244 (two hundred forty-four). S.J.R. 246 (two hundred forty-six). S.J.R. 249 (two hundred forty-nine).

The motion was agreed to.

S.J.R. 41 (forty-one) was taken up.

The following amendments proposed by the Committee on Rules were offered:

1. Page 1, introduced, Title, line 3, after Providers insert Network

2. Page 1, introduced, line 26, after Providers insert Network

The reading of the amendments was waived.

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

S.J.R. 72 (seventy-two) was taken up.

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

Directing the Auditor of Public Accounts, in consultation with the Virginia Department of General Services, to conduct a study that determines whether audits of public accounts can be satisfactorily conducted with electronic contracting and procurement processes.

The reading of the substitute was waived.

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

S.J.R. 93 (ninety-three) was taken up.

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

Directing the Commission on Educational Accountability to study the feasibility and appropriateness of creating mentorships to encourage teachers to obtain national certification.

The reading of the substitute was waived.

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

S.J.R. 109 (one hundred nine) was taken up. JOURNAL OF THE SENATE -665- Thursday, February 10, 2000

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

Requesting the Virginia Department of Transportation, in conjunction with the Commonwealth Transportation Board, to encourage local governments to nominate additional eligible roads for Virginia byway designation.

The reading of the substitute was waived.

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

S.J.R. 126 (one hundred twenty-six) was taken up.

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

1. Page 1, introduced, line 23 strike Department’s Highway insert Virginia Transportation

The reading of the amendment was waived.

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

S.J.R. 147 (one hundred forty-seven) was taken up.

The following amendments proposed by the Committee on Rules were offered:

1. Page 1, introduced, Title, line 3, after 2000 insert and the third week in February in each succeeding year

2. Page 1, introduced, line 25, after 2000 insert and the third week in February in each succeeding year

3. Page 1, introduced, line 29, after Virginia insert ; and, be it RESOLVED FINALLY, That the Clerk of the Senate transmit copies of this resolution to the Secretary of the Commonwealth and the President of the Virginia Federation of the Council for Exceptional Children in order that they may be apprised of the sense of the Virginia General Assembly in this matter

The reading of the amendments was waived.

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

S.J.R. 148 (one hundred forty-eight) was taken up. Thursday, February 10, 2000 -666- JOURNAL OF THE SENATE

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

Directing the Commission on Youth, with the assistance of the State Department of Health; the Department of Mental Health, Mental Retardation and Substance Abuse Services; the Department of Education; the Virginia Council on Coordinating Prevention; survivor groups; and other interested individuals, to develop a comprehensive youth suicide prevention plan.

The reading of the substitute was waived.

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

S.J.R. 155 (one hundred fifty-five) was taken up.

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

Directing the Virginia State Crime Commission to study victim and witness safety.

The reading of the substitute was waived.

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

S.J.R. 156 (one hundred fifty-six) was taken up.

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

Requesting the Secretary of Education, Secretary of Technology, and Secretary of Commerce and Trade, in consultation with the Commonwealth's state-supported colleges and universities, the State Council of Higher Education for Virginia, and the Virginia Community College System, to study the development of a common, transferable set of competencies and the development of the Higher Education Technology Curriculum for the Twenty-first Century to be offered as the core curriculum at each of the Commonwealth's state-supported colleges and universities.

The reading of the substitute was waived.

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

S.J.R. 175 (one hundred seventy-five) was taken up.

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

1. Page 1, introduced, line 31, after of the strike House of Delegates insert Senate

The reading of the amendment was waived.

On motion of Senator Hawkins, the amendment was agreed to. JOURNAL OF THE SENATE -667- Thursday, February 10, 2000

S.J.R. 178 (one hundred seventy-eight) was taken up.

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

1. Page 1, introduced, line 38, after That the strike Joint Commission on Health Care insert Clerk of the Senate transmit a copy of this resolution to the Joint Commission on Health Care, requesting that the Commission further

The reading of the amendment was waived.

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

S.J.R. 192 (one hundred ninety-two) was taken up.

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

Directing the Joint Legislative Audit and Review Commission to include in its study of child support enforcement an examination of the cost of raising children whose parents live in separate households.

The reading of the substitute was waived.

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

S.J.R. 193 (one hundred ninety-three) was taken up.

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

1. Page 1, introduced, line 31, after community insert ; and, be it RESOLVED FURTHER, That the Clerk of the Senate transmit copies of this resolution to the Secretary of Transportation, the Commissioner of the Department of Transportation, the Director of the Department of Rail and Public Transportation, the County Executive of the County of Fairfax, the Chair of the Board of Directors of the Washington Metropolitan Area Transit Authority, the Director of LINK, the Chairman of the Dulles Corridor Task Force, and the President of the Dulles Corridor Rail Association

The reading of the amendment was waived.

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

S.J.R. 195 (one hundred ninety-five) was taken up.

The following amendments proposed by the Committee on Rules were offered:

1. Page 1, introduced, line 38, after to Thursday, February 10, 2000 -668- JOURNAL OF THE SENATE

strike Joan Knight, insert the

2. Page 1, introduced, line 38, after Museum strike , (comma)

The reading of the amendments was waived.

On motion of Senator Miller, K.G., the amendments were agreed to.

S.J.R. 196 (one hundred ninety-six) was taken up.

The following amendments proposed by the Committee on Rules were offered:

1. Page 1, introduced, Title, line 3 strike Memorializing insert Urging

2. Page 1, introduced, Title, line 3, after Minnesota to insert expedite the timely

3. Page 1, introduced, Title, line 3, after return strike to Virginia insert of

4. Page 1, introduced, Title, line 4, after Regiment insert to its rightful home in the Commonwealth of Virginia

5. Page 1, introduced, line 24, after color-bearers insert and the color guard

6. Page 1, introduced, line 42, after WHEREAS, the strike descendants of the 1st Minnesota Infantry have insert Minnesota Historical Society has

7. Page 2, introduced, line 2, after That the insert Governor and the Legislature of the

8. Page 2, introduced, line 3 JOURNAL OF THE SENATE -669- Thursday, February 10, 2000

strike hereby respectfully requested and strongly

The reading of the amendments was waived.

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

S.J.R. 197 (one hundred ninety-seven) was taken up.

The following amendments proposed by the Committee on Rules were offered:

1. Page 1, introduced, Title, line 3, after the strike Virginia

2. Page 1, introduced, Title, line 4, after Insurance strike within insert of

3. Page 1, introduced, line 49, after That the strike Virginia

4. Page 1, introduced, line 50, after Insurance strike within insert of

5. Page 1, introduced, line 51, after to insert monitor consumer complaints regarding therapeutic exchange of chemically dissimilar drugs. In conducting the study, the Department and Bureau shall

The reading of the amendments was waived.

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

S.J.R. 223 (two hundred twenty-three) was taken up.

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

1. Page 1, introduced, line 28, after determine insert , to the extent possible,

The reading of the amendment was waived.

On motion of Senator Marye, the amendment was agreed to. Thursday, February 10, 2000 -670- JOURNAL OF THE SENATE

S.J.R. 228 (two hundred twenty-eight) was taken up.

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

1. Page 1, introduced, line 35, after Virginia. insert The request to conduct this study shall be contingent upon the availability of sufficient resources to the Joint Commission on Health Care to undertake this study.

The reading of the amendment was waived.

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

S.J.R. 233 (two hundred thirty-three) was taken up.

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

Directing the Joint Legislative and Audit Review Commission to study small business development centers in Virginia and other locally based centers organized to assist and develop small businesses.

The reading of the substitute was waived.

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

S.J.R. 235 (two hundred thirty-five) was taken up.

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

1. Page 1, introduced, line 36, after attorneys insert , as well as local school boards,

The reading of the amendment was waived.

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

S.J.R. 240 (two hundred forty) was taken up.

The following amendments proposed by the Committee on Rules were offered:

1. Page 1, introduced, Title, line 3, after Directing the insert Virginia State Crime

2. Page 1, introduced, Title, line 3, after Commission strike on Educational Accountability

3. Page 1, introduced, line 28, after That the JOURNAL OF THE SENATE -671- Thursday, February 10, 2000

insert Virginia State Crime

4. Page 1, introduced, line 28, after Commission strike on Educational Accountability

The reading of the amendments was waived.

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

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. 41 (forty-one) as amended. S.J.R. 72 (seventy-two) as amended. S.J.R. 93 (ninety-three) as amended. S.J.R. 109 (one hundred nine) as amended. S.J.R. 123 (one hundred twenty-three). S.J.R. 124 (one hundred twenty-four). S.J.R. 126 (one hundred twenty-six) as amended. S.J.R. 146 (one hundred forty-six). S.J.R. 147 (one hundred forty-seven) as amended. S.J.R. 148 (one hundred forty-eight) as amended. S.J.R. 150 (one hundred fifty). S.J.R. 155 (one hundred fifty-five) as amended. S.J.R. 156 (one hundred fifty-six) as amended. S.J.R. 165 (one hundred sixty-five). S.J.R. 169 (one hundred sixty-nine). S.J.R. 175 (one hundred seventy-five) as amended. S.J.R. 178 (one hundred seventy-eight) as amended. S.J.R. 190 (one hundred ninety). S.J.R. 192 (one hundred ninety-two) as amended. S.J.R. 193 (one hundred ninety-three) as amended. S.J.R. 195 (one hundred ninety-five) as amended. S.J.R. 196 (one hundred ninety-six) as amended. S.J.R. 197 (one hundred ninety-seven) as amended. S.J.R. 218 (two hundred eighteen). S.J.R. 223 (two hundred twenty-three) as amended. S.J.R. 228 (two hundred twenty-eight) as amended. S.J.R. 233 (two hundred thirty-three) as amended. S.J.R. 235 (two hundred thirty-five) as amended. S.J.R. 240 (two hundred forty) as amended. S.J.R. 244 (two hundred forty-four). S.J.R. 246 (two hundred forty-six). S.J.R. 249 (two hundred forty-nine).

S.J.R. 35 (thirty-five) was read by title the second time and, on motion of Senator Schrock, was ordered to be engrossed and read by title the third time.

S.J.R. 92 (ninety-two) was read by title the second time and, on motion of Senator Puller, was ordered to be engrossed and read by title the third time. Thursday, February 10, 2000 -672- JOURNAL OF THE SENATE

S.J.R. 97 (ninety-seven) was read by title the second time.

The following amendments proposed by the Committee on Rules were offered:

1. Page 1, introduced, line 31, after by the strike House of Delegates, the Senate insert Senate, the House of Delegates

2. Page 1, introduced, line 35, after of the strike House of Delegates insert Senate

The reading of the amendments was waived.

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

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

S.J.R. 98 (ninety-eight) was read by title the second time.

The following amendments proposed by the Committee on Rules were offered:

1. Page 1, introduced, line 25, after by the strike House of Delegates, the Senate insert Senate, the House of Delegates

2. Page 1, introduced, line 34, after of the strike House of Delegates insert Senate

The reading of the amendments was waived.

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

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

S.J.R. 125 (one hundred twenty-five) was read by title the second time and, on motion of Senator Schrock, was ordered to be engrossed and read by title the third time.

S.J.R. 129 (one hundred twenty-nine) was read by title the second time.

The following amendment proposed by the Committee on Rules was offered: JOURNAL OF THE SENATE -673- Thursday, February 10, 2000

1. Page 1, introduced, after line 33 insert WHEREAS, in 1997, Donald Engen was inducted into the Virginia Aviation Hall of Fame; and

The reading of the amendment was waived.

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

On motion of Senator Colgan, the joint resolution was ordered to be engrossed and read by title the third time.

S.J.R. 163 (one hundred sixty-three) was read by title the second time and, on motion of Senator Forbes, was ordered to be engrossed and read by title the third time.

S.J.R. 219 (two hundred nineteen) was read by title the second time.

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

Requesting the Commonwealth Competition Council to study the ongoing or permanent commercial activities of not-for-profit organizations and the effects of such activities on state revenues.

The reading of the substitute was waived.

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

On motion of Senator Hanger, the joint resolution was ordered to be engrossed and read by title the third time.

S.J.R. 222 (two hundred twenty-two) was read by title the second time and, on motion of Senator Marsh, was ordered to be engrossed and read by title the third time.

S.J.R. 255 (two hundred fifty-five) was read by title the second time and, on motion of Senator Reynolds, was ordered to be engrossed and read by title the third time.

MEMORIAL RESOLUTIONS

Senator Norment moved that the questions on agreeing to the House joint resolutions that follow be considered en bloc.

The motion was agreed to.

The following House joint resolutions were taken up:

H.J.R. 382 (three hundred eighty-two). H.J.R. 387 (three hundred eighty-seven). H.J.R. 388 (three hundred eighty-eight). H.J.R. 389 (three hundred eighty-nine). H.J.R. 390 (three hundred ninety). H.J.R. 396 (three hundred ninety-six). Thursday, February 10, 2000 -674- JOURNAL OF THE SENATE

The reading of the joint resolutions was waived.

On motion of Senator Norment, the following House joint resolutions were agreed to en bloc by a unanimous standing vote:

Senator Norment moved that the questions on agreeing to the Senate joint resolutions that follow be considered en bloc.

The motion was agreed to.

The following Senate joint resolutions were taken up:

S.J.R. 270 (two hundred seventy). S.J.R. 272 (two hundred seventy-two). S.J.R. 273 (two hundred seventy-three).

The reading of the joint resolutions was waived.

On motion of Senator Norment, the following Senate joint resolutions were ordered to be engrossed and were agreed to en bloc by a unanimous standing vote:

S.J.R. 270 (two hundred seventy). S.J.R. 272 (two hundred seventy-two). S.J.R. 273 (two hundred seventy-three).

S.J.R. 185 (one hundred eighty-five) was taken up, as follows:

SENATE JOINT RESOLUTION NO. 185

On the death of William Fields Carter.

WHEREAS, William Fields Carter, a prominent Martinsville attorney and a former member of the House of Delegates, died on April 3, 1999; and

WHEREAS, a native of Martinsville, William Carter graduated from Martinsville High School and was a Phi Beta Kappa graduate of the University of Richmond; and

WHEREAS, after teaching at Fork Union Military Academy and Lane High School in Charlottesville, William Carter earned his law degree from the University of Virginia and his juris doctor from Princeton University; and

WHEREAS, during World War II, William Carter was an agent under legendary FBI director J. Edgar Hoover, then joined the United States Navy as the commanding officer of several armed guard units, reaching the rank of lieutenant; and

WHEREAS, William Carter practiced criminal law in Martinsville for nearly 50 years, retiring in 1995 when he was well into his eighties; and JOURNAL OF THE SENATE -675- Thursday, February 10, 2000

WHEREAS, in 1953, William Carter was elected to represent the citizens of Martinsville and Patrick and Henry Counties in the House of Delegates, the same seat his grandmother, Sallie C. Booker, held in the 1920s; and

WHEREAS, William Carter was a member of the “Young Turks,” a group of moderate members of the House of Delegates who battled the more conservative Byrd political organization; and

WHEREAS, in Martinsville, William Carter was active in many community and charitable organizations, serving as chairman of the American Red Cross and March of Dimes fund drives and as a member of the executive committee of the American Red Cross; and

WHEREAS, a member and deacon of the First Baptist Church, William Carter taught Sunday school for 70 years, including classes on board ships on which he served during World War II; and

WHEREAS, a popular and respected citizen of Martinsville, William Carter leaves a legacy of dedicated and effective service to his community, the Commonwealth, and the nation; now, therefore, be it

RESOLVED by the Senate, the House of Delegates concurring, That the General Assembly mourn the passing of a distinguished Virginian, William Fields Carter; and, be it

RESOLVED FURTHER, That the Clerk of the Senate prepare a copy of this resolution for presentation to the family of William Fields Carter as an expression of the high regard in which his memory is held by the members of the General Assembly and the citizens of Martinsville.

The reading of the joint resolution was waived.

S.J.R. 185, on motion of Senator Norment, was ordered to be engrossed and was agreed to by a unanimous standing vote.

S.J.R. 274 (two hundred seventy-four) was taken up, as follows:

SENATE JOINT RESOLUTION NO. 274

On the death of Richard J. “Dick” Davis, Jr.

WHEREAS, Richard J. “Dick” Davis, Jr., former Lieutenant Governor of Virginia, died on March 4, 1999, at the age of 77; and

WHEREAS, born in Portsmouth in 1921 to a prominent local attorney, Dick Davis attended The College of William and Mary, and then entered the Marine Corps and fought in the Pacific during World War II; and

WHEREAS, after World War II, Dick Davis attended law school at the University of Virginia and then entered practice with his childhood friend, William Spong, who later became a United States Senator; and

WHEREAS, Dick Davis entered politics in 1974 at the age of 53 by running for and being elected to a Portsmouth City Council seat, from which he was elected Mayor; and

WHEREAS, in 1979, Dick Davis became Chairman of the Virginia Democratic Party and devoted himself to its reorganization, resulting two years later in a Democratic sweep of the state’s top three offices for the first time in 16 years; and

WHEREAS, after serving as Lieutenant Governor with Governor Charles S. Robb’s administration, Dick Davis continued his party-building activities, which contributed to the election of Gerald Baliles and Douglas Wilder to the Governor’s seat; and Thursday, February 10, 2000 -676- JOURNAL OF THE SENATE

WHEREAS, Dick Davis was later appointed by Governor Baliles as the Director of the Virginia Department of World Trade; and

WHEREAS, Dick Davis contributed his considerable skill and devotion in service to his country, the Commonwealth of Virginia, and the City of Portsmouth, leaving the state richer for his contributions but poorer for his death; now, therefore, be it

RESOLVED by the Senate, the House of Delegates concurring, That the General Assembly mourn the loss of a singularly dedicated, distinguished and accomplished Virginian, Richard J. “Dick” Davis, Jr.; and, be it

RESOLVED FURTHER, That the Clerk of the Senate prepare a copy of this resolution for presentation to the family of Richard J. “Dick” Davis as an expression of the General Assembly’s deepest condolences and great respect for his memory.

The reading of the joint resolution was waived.

S.J.R. 274, on motion of Senator Norment, was ordered to be engrossed and was agreed to by a unanimous standing vote.

COMMENDING RESOLUTIONS

Senator Norment moved that the questions on agreeing to the House joint resolutions that follow be considered en bloc.

The motion was agreed to.

The following House joint resolutions were taken up:

H.J.R. 142 (one hundred forty-two). H.J.R. 146 (one hundred forty-six). H.J.R. 341 (three hundred forty-one). H.J.R. 368 (three hundred sixty-eight). H.J.R. 380 (three hundred eighty). H.J.R. 391 (three hundred ninety-one). H.J.R. 392 (three hundred ninety-two). H.J.R. 393 (three hundred ninety-three). H.J.R. 394 (three hundred ninety-four). H.J.R. 397 (three hundred ninety-seven). H.J.R. 404 (four hundred four). H.J.R. 407 (four hundred seven).

The reading of the joint resolutions was waived.

On motion of Senator Norment, the following House joint resolutions were agreed to en bloc:

H.J.R. 142 (one hundred forty-two). H.J.R. 146 (one hundred forty-six). H.J.R. 341 (three hundred forty-one). H.J.R. 368 (three hundred sixty-eight). H.J.R. 380 (three hundred eighty). H.J.R. 391 (three hundred ninety-one). H.J.R. 392 (three hundred ninety-two). JOURNAL OF THE SENATE -677- Thursday, February 10, 2000

H.J.R. 393 (three hundred ninety-three). H.J.R. 394 (three hundred ninety-four). H.J.R. 397 (three hundred ninety-seven). H.J.R. 404 (four hundred four). H.J.R. 407 (four hundred seven).

S.J.R. 224 (two hundred twenty-four), on motion of Senator Houck, was passed by for the day.

Senator Norment moved that the questions on agreeing to the Senate joint resolutions that follow be considered en bloc.

The motion was agreed to.

The following Senate joint resolutions were taken up:

S.J.R. 267 (two hundred sixty-seven). S.J.R. 268 (two hundred sixty-eight). S.J.R. 269 (two hundred sixty-nine). S.J.R. 271 (two hundred seventy-one).

The reading of the joint resolutions was waived.

On motion of Senator Norment, the following Senate joint resolutions were ordered to be engrossed and were agreed to en bloc:

S.J.R. 267 (two hundred sixty-seven). S.J.R. 268 (two hundred sixty-eight). S.J.R. 269 (two hundred sixty-nine). S.J.R. 271 (two hundred seventy-one).

INTRODUCTION OF LEGISLATION

Senator Stolle, by leave, under Senate Rule 11 (b) presented the following resolution which was ordered to be printed and referred:

S.R. 11. Nominating a person to be elected to a juvenile and domestic relations district court judgeship. Patron--Stolle Referred to Committee for Courts of Justice

MESSAGE FROM THE HOUSE IMMEDIATE CONSIDERATION

A message was received from the House of Delegates by Delegate Howell, who informed the Senate that the House had agreed to H.J.R. 413 (four hundred thirteen), as follows; in which it requested the concurrence of the Senate:

HOUSE JOINT RESOLUTION NO. 413

Election of a Juvenile and Domestic Relations District Court Judge.

RESOLVED by the House of Delegates, the Senate concurring, That the General Assembly, in accordance with the provisions of House Joint Resolution No. 6, shall proceed this day at 2:25 p.m. Thursday, February 10, 2000 -678- JOURNAL OF THE SENATE

To the election of a Juvenile and Domestic Relations District Court judge for a term of six years commencing as follows:

One judge for the Twenty-eighth Judicial District, term commencing February 12, 2000.

And that in the execution of the joint order nominations shall be made in the order herein named, and that each house shall be notified of said nominations, and when the rolls shall be called for the whole number, the presiding officers of each house shall appoint a committee of four, which together shall constitute the joint committee to count the vote of each house in each case and report the results to their respective houses. The joint order may be suspended by the presiding officer of either house at any time but for no longer than twenty-four hours to receive the report of the joint committee.

On motion of Senator Stolle, the Rules were suspended and H.J.R. 413 was taken up for immediate consideration.

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

On motion of Senator Stolle, the reading of the joint resolution was waived.

H.J.R. 413, on motion of Senator Stolle, was agreed to.

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

Senator Stolle was ordered to inform the House of Delegate thereof.

JOINT ORDER FOR ELECTIONS

The hour of 2:25 p.m. having arrived, the President stated that the Senate on its part was ready to proceed, pursuant to House Joint Resolution No. 413, with the execution of the Joint Order to the election of a certain judge.

The President stated that nominations were in order for a judge of the respective juvenile and domestic relations district court. JOURNAL OF THE SENATE -679- Thursday, February 10, 2000

On motion of Senator Stolle, the Rules were suspended and S.R. 11 (eleven) was taken up for immediate consideration, discharging the Committee for Courts of Justice from further consideration of the resolution, and waiving the readings of the title.

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

YEAS--Barry, Bolling, Byrne, Chichester, Colgan, Couric, Edwards, Forbes, Hanger, Hawkins, Houck, Howell, Lambert, Lucas, Marsh, Marye, Maxwell, Miller, K.G., Miller, Y.B., Mims, Newman, Norment, Potts, Puckett, Puller, Quayle, Rerras, Reynolds, Saslaw, Schrock, Stolle, Stosch, Ticer, Trumbo, Wampler, Watkins, Whipple, Williams--38. NAYS--0. RULE 36--0.

SENATE RESOLUTION NO. 11

Nominating a person to be elected to a juvenile and domestic relations district court judgeship.

RESOLVED by the Senate, That the following person is hereby nominated to be elected to the juvenile and domestic relations district court judgeship as follows:

The Honorable Charles F. Lincoln, of Smyth, as a judge of the Twenty-eighth Judicial District for a term of six years commencing February 12, 2000.

S.R. 11, on motion of Senator Stolle, was ordered to be engrossed and was agreed to.

Senator Stolle was ordered to inform the House of Delegates of the nomination made by the Senate.

A message was received from the House of Delegates by Delegate Howell, who informed the Senate that the following nomination had been made by the House:

For a judge of the respective juvenile and domestic relations district court:

Charles F. Lincoln, Twenty-eighth Judicial District.

The roll was called with the following results:

For a judge of the respective juvenile and domestic relations district court for the term set forth:

The nominee by Senate Resolution No. 11 received an affirmative vote of 39.

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

The President appointed Senators Mims, Rerras, Edwards, and Reynolds, the committee on the part of the Senate to count and report the vote of each house in each case.

Subsequently, the committee reported as follows:

NUMBER OF VOTES NECESSARY TO ELECT:

IN THE HOUSE OF DELEGATES...... 51 IN THE SENATE...... 21

For judge of the Juvenile and Domestic Relations District Court of the Twenty-eighth Judicial District for a term of six years commencing February 12, 2000:

Charles F. Lincoln received:

In the House...... 98 In the Senate...... 39

On motion of Senator Stolle, the reading of the report was waived.

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

YEAS--Bolling, Byrne, Chichester, Couric, Edwards, Forbes, Hanger, Hawkins, Houck, Howell, Lambert, Lucas, Marsh, Martin, Marye, Maxwell, Miller, K.G., Miller, Y.B., Mims, Newman, Norment, Potts, Puckett, Puller, Quayle, Rerras, Reynolds, Saslaw, Schrock, Stolle, Stosch, Ticer, Trumbo, Wampler, Watkins, Whipple, Williams--37. NAYS--0. RULE 36--0.

The nominee, having received the vote of a majority of the members elected to each house of the General Assembly, was declared by the President duly elected a judge of the juvenile and domestic relations district court, as follows:

Charles F. Lincoln, judge of the Juvenile and Domestic Relations District Court of the Twenty-eighth Judicial District for a term of six years commencing February 12, 2000.

LEGISLATION SIGNED BY PRESIDING OFFICER

The President of the Senate as required by Article IV, Section 11, of the Constitution, on the date recorded below, signed the following bill that had been passed by both houses and duly enrolled:

February 10, 2000

S.B. 208. An Act to amend and reenact §§ 50-73.83 and 50-73.134 of the Code of Virginia, relating to the Virginia Uniform Partnership Act; registered limited liability partnerships.

On motion of Senator Barry, a leave of absence for the day was granted Senator Holland.

On motion of Senator Chichester, the Senate adjourned until tomorrow at 10:00 a.m. Pursuant to Rule 21 (d)ii, the Clerk was ordered to receive the committee reports. JOURNAL OF THE SENATE -681- Thursday, February 10, 2000

COMMITTEE REPORT

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

S.B. 34 (thirty-four) with substitute. S.B. 288 (two hundred eighty-eight) with amendments. S.B. 458 (four hundred fifty-eight) with amendment. S.B. 522 (five hundred twenty-two). S.B. 578 (five hundred seventy-eight). S.B. 689 (six hundred eighty-nine). S.B. 710 (seven hundred ten) with substitute with the recommendation that it be rereferred to the Committee on Finance. S.B. 745 (seven hundred forty-five). S.B. 748 (seven hundred forty-eight). S.B. 751 (seven hundred fifty-one) with amendments. S.B. 756 (seven hundred fifty-six) with substitute. S.B. 758 (seven hundred fifty-eight) with substitute.

The following bill, having been considered by the committee in session, was recommended for rereferral by the Committee on Transportation pursuant to Senate Rule 20 (j):

S.B. 743 (seven hundred forty-three) with the recommendation that it be rereferred to the Committee on Finance.

S.B. 710 was rereferred to the Committee on Finance.

S.B. 743 was rereferred to the Committee on Finance pursuant to Senate Rule 20 (j).

John H. Hager President of the Senate

Susan Clarke Schaar Clerk of the Senate