Wednesday, March 7, 2012 -1396- JOURNAL OF THE SENATE WEDNESDAY, MARCH 7, 2012 The Senate met at 11:00 a.m. and was called to order by Lieutenant Governor William T. Bolling. The Reverend Dr. A. Lincoln James, Jr., Trinity Baptist Church, Richmond, Virginia, offered the following prayer: Eternal God, our Father, with whom we live and move and have our being, we beseech Thee this morning that the power of Your presence might emit through the hallowed halls of this chamber. Grant these legislators purity of heart and strength of purpose so that no selfish passion may hinder them from doing what is right and noble. Give them in the discharge of their duty, the constant awareness that they must always remember the plight of the least, the last, and the unlovely of our Commonwealth. Grant now these men and women who have been elevated to high positions of public trust, give them a vision of a better Virginia and a stronger Commonwealth, so that all of Virginia citizens may live under the power of God and the understanding of our collective humanity. Finally Father, touch our hearts, search our conscience, and cast out of us every evil thought and base desire that we may be about Thy perfect will. We ask these things in the name of our Creator and the Sustainer of the universe. Amen. The roll was called and the following Senators answered to their names: Barker, Black, Blevins, Colgan, Deeds, Ebbin, Edwards, Favola, Garrett, Hanger, Herring, Howell, Locke, Lucas, Marsden, Marsh, Martin, McDougle, McEachin, McWaters, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Petersen, Puckett, Puller, Reeves, Ruff, Saslaw, Smith, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins. A quorum was present. After the roll call, Senator Obenshain notified the Clerk of his presence. On motion of Senator Northam, the reading of the Journal was waived. The recorded vote is as follows: YEAS--35. NAYS--4. RULE 36--0. YEAS--Barker, Black, Blevins, Colgan, Ebbin, Edwards, Favola, Hanger, Herring, Howell, Locke, Lucas, Marsden, Marsh, Martin, McDougle, McEachin, McWaters, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Puckett, Puller, Reeves, Ruff, Saslaw, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins--35. NAYS--Deeds, Garrett, Petersen, Smith--4. RULE 36--0. HOUSE COMMUNICATIONS The following communications were received: In the House of Delegates March 6, 2012 THE HOUSE OF DELEGATES HAS PASSED THE FOLLOWING SENATE BILL: S.B. 240. A BILL to provide for the submission to the voters of a proposed amendment to Section 11 of Article I of the Constitution of Virginia, relating to taking or damaging of private property. JOURNAL OF THE SENATE -1397- Wednesday, March 7, 2012 THE HOUSE OF DELEGATES HAS AGREED TO THE AMENDMENTS PROPOSED BY THE SENATE TO THE FOLLOWING HOUSE BILLS: H.B. 736. A BILL to provide for a revised primary and filing schedule for the November 2012 election and to schedule the 2012 primary for August 7, 2012; petition requirements. EMERGENCY H.B. 745. A BILL to require the development of a weighted caseload system by the Supreme Court of Virginia and report findings to the General Assembly. H.B. 964. A BILL to amend the Code of Virginia by adding a section numbered 18.2-374.4, relating to display of child pornography or grooming video to a minor unlawful; penalty. H.B. 1128. A BILL to amend and reenact §§ 58.1-3969, 58.1-3971, and 58.1-3974 of the Code of Virginia, relating to delinquent real property taxes. H.B. 1219. A BILL to amend and reenact §§ 54.1-2349, 55-79.93, 55-79.93:1, 55-394.1, 55-504.1, 55-516.1, and 55-530 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 55-79.93:2 and 55-394.2, relating to common interest communities. H.B. 1243. A BILL to amend and reenact §§ 2.1 and 11, § 13, as amended, and § 15 of Chapter 477 of the Acts of Assembly of 1954, which provided a charter for the Town of Middletown, in Frederick County, relating to elections; council. EMERGENCY THE HOUSE OF DELEGATES HAS AGREED TO THE SUBSTITUTES PROPOSED BY THE SENATE TO THE FOLLOWING HOUSE BILLS: H.B. 190. A BILL to amend and reenact § 2.2-4002 of the Code of Virginia and to amend the Code of Virginia by adding in Article 2.3 of Chapter 32 of Title 58.1 a section numbered 58.1-3219.7, relating to real property tax exemption for disabled veterans. EMERGENCY H.B. 199. A BILL to amend and reenact § 15.2-2118 of the Code of Virginia, relating to liens for water and sewer charges. H.B. 919. A BILL to amend and reenact §§ 46.2-617 and 58.1-3942 of the Code of Virginia, relating to personal property tax; property distrained for delinquent taxes. H.B. 1273. A BILL to amend and reenact §§ 38.2-4214, as it is currently effective and as it shall become effective, and 38.2-4319, as it is currently effective and as it shall become effective, of the Code of Virginia and to amend the Code of Virginia by adding in Article 1 of Chapter 34 of Title 38.2 a section numbered 38.2-3407.18, relating to requirements for orally administered cancer chemotherapy drugs. THE HOUSE OF DELEGATES HAS AGREED TO THE FOLLOWING SENATE JOINT RESOLUTIONS: S.J.R. 3. Proposing an amendment to Section 11 of Article I of the Constitution of Virginia, relating to taking or damaging of private property. S.J.R. 192. Commending George Mason University. Wednesday, March 7, 2012 -1398- JOURNAL OF THE SENATE S.J.R. 193. Celebrating the life of Kathleen Nunn Walker. S.J.R. 194. Commending Officer Candidate Joshua Moore and Midshipman Jason Benning. S.J.R. 195. Commending the Hampton-Newport News Community Services Board. S.J.R. 196. Celebrating the life of George T. Keller, Jr. S.J.R. 197. Celebrating the life of William Andrew Patton. S.J.R. 198. Celebrating the life of Michael A. Bucci. S.J.R. 200. Commending the Gar-Field High School boys’ basketball team. S.J.R. 202. Celebrating the life of Debra Chittum Cox. S.J.R. 203. Commending the Colonial Forge High School wrestling team. S.J.R. 204. Celebrating the life of Donald Wray Lewis, M.D. S.J.R. 205. Commending James C. Rees IV. /s/ G. Paul Nardo Clerk, House of Delegates In the House of Delegates March 6, 2012 THE HOUSE OF DELEGATES HAS AGREED TO THE FOLLOWING HOUSE JOINT RESOLUTIONS: H.J.R. 384. Commending George Mason University. H.J.R. 483. Celebrating the life of Herbert W. Guthrie. H.J.R. 484. Celebrating the life of Bernard Henry Ferron. H.J.R. 485. Celebrating the life of J. Clifford Hutt. H.J.R. 486. Commending Billy Sydnor. H.J.R. 487. Commending Virgil R. Hazelett. H.J.R. 488. Commending the Patrick Henry College moot court national championship team. H.J.R. 489. Commending “The Forget Me Not Project.” H.J.R. 490. Celebrating the life of Alicia Marie Lannes. H.J.R. 491. Celebrating the life of Young Woo Kang, Ph.D. H.J.R. 492. Commending Friends of Cedar Mountain Battlefield, Inc. JOURNAL OF THE SENATE -1399- Wednesday, March 7, 2012 H.J.R. 493. Commending William R. Snead. H.J.R. 494. Commending Annin Flagmakers. H.J.R. 495. Commending the Indian American community of Northern Virginia. H.J.R. 496. Commending the St. Christopher’s School wrestling team on winning its eleventh consecutive VISAA state championship. H.J.R. 497. Commending the Francis Scott Key Elementary School Dual Language (Two-Way Immersion) Program. H.J.R. 498. Commending Stephen L. Thompson, M.D. H.J.R. 499. Commending Hugh W. Rosser. H.J.R. 500. Commending Dr. Thomas G. Digges, Jr. H.J.R. 501. Commending James D. Swinson. H.J.R. 502. Commending Iris E. Holliday. H.J.R. 503. Commending Carole Weinstein. H.J.R. 504. Celebrating the life of the Reverend Dr. Marjorie Leeper Booker. H.J.R. 505. Celebrating the life of J. Curtis Fruit. IN WHICH ACTION IT REQUESTS THE CONCURRENCE OF THE SENATE. /s/ G. Paul Nardo Clerk, House of Delegates On motion of Senator Norment, the Rules were suspended and the reading of the communications from the House of Delegates was waived. The recorded vote is as follows: YEAS--36. NAYS--4. RULE 36--0. YEAS--Barker, Black, Blevins, Carrico, Colgan, Ebbin, Edwards, Favola, Hanger, Herring, Howell, Locke, Lucas, Marsden, Marsh, Martin, McDougle, McEachin, McWaters, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Puckett, Puller, Reeves, Ruff, Saslaw, Stanley, Stosch, Stuart, Vogel, Wagner, Watkins--36. NAYS--Deeds, Garrett, Petersen, Smith--4. RULE 36--0. STATEMENT ON VOTE Senator Carrico was granted a leave of absence for the day; however, he was inadvertently recorded as voting yea on the question of suspending the Rules and waiving the reading of the communications from the House of Delegates. Wednesday, March 7, 2012 -1400- JOURNAL OF THE SENATE 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. 384, H.J.R. 483, H.J.R. 484, H.J.R. 485, H.J.R. 486, H.J.R. 487, H.J.R. 488, H.J.R. 489, H.J.R. 490, H.J.R. 491, H.J.R. 492, H.J.R. 493, H.J.R.