JOURNAL OF THE SENATE -1335- Saturday, February 28, 2009 SATURDAY, FEBRUARY 28, 2009 The Senate met at 10:00 a.m. and was called to order by Lieutenant Governor William T. Bolling. The Reverend Dr. Craig A. Sherouse, Second Baptist Church, Richmond, Virginia, offered the following prayer: Almighty God, we praise You according to Your excellent greatness. All that is within us blesses Your holy name. You offer us wisdom to make good decisions, and forgiveness when we go the wrong way. Help us, O God! Pity us in these frightening times, like a father does his children. Our needs are increasing and our resources are dwindling. Help us to offer the cup of cold water to our neighbor, even when the cup is leaking. We need Your wisdom! Bless our Governor, the Cabinet, and all of our Commonwealth’s civil servants. Bless our Delegates and these Senators as they draw their important work to a close. Give them rest and peace as they return to families and jobs. Guide these final, critical moments of budgets and bills. Bless them this day! God of grace and God of glory, on Your people pour Your power. Crown this old Commonwealth’s story, bring her bud to glorious flower. Grant us wisdom; grant us courage, grant us hope, for the facing of this hour. In Your Holy Name we pray, Amen. The roll was called and the following Senators answered to their names: Barker, Colgan, Cuccinelli, Deeds, Edwards, Hanger, Herring, Houck, Howell, Hurt, Locke, Lucas, Martin, McDougle, McEachin, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Obenshain, Petersen, Puckett, Puller, Quayle, Reynolds, Ruff, Saslaw, Smith, Stolle, Stosch, Stuart, Ticer, Vogel, Wagner, Wampler, Watkins, Whipple. A quorum was present. After the roll call, Senators Blevins and Marsh notified the Clerk of their presence. On motion of Senator Hurt, the reading of the Journal was waived. The recorded vote is as follows: YEAS--36. NAYS--2. RULE 36--0. YEAS--Barker, Colgan, Cuccinelli, Edwards, Hanger, Herring, Houck, Howell, Hurt, Locke, Lucas, Marsh, Martin, McDougle, Miller, J.C., Miller, Y.B., Newman, Norment, Northam, Petersen, Puckett, Puller, Quayle, Reynolds, Ruff, Saslaw, Smith, Stolle, Stosch, Stuart, Ticer, Vogel, Wagner, Wampler, Watkins, Whipple--36. NAYS--Deeds, McEachin--2. RULE 36--0. HOUSE COMMUNICATIONS The following communications were received: In the House of Delegates February 27, 2009 THE HOUSE OF DELEGATES HAS AGREED TO THE REPORTS OF THE COMMITTEES OF CONFERENCE ON THE FOLLOWING SENATE BILLS: Saturday, February 28, 2009 -1336- JOURNAL OF THE SENATE S.B. 891. A BILL to amend and reenact § 58.1-662 of the Code of Virginia, relating to the communications sales and use tax; distribution to localities. S.B. 993. A BILL to amend and reenact § 24.2-702.1 of the Code of Virginia, relating to federal write-in absentee ballots; witness requirement. S.B. 1000. A BILL to amend and reenact § 20-124.3 of the Code of Virginia, relating to the best interests of the child; history of sexual abuse. S.B. 1157. A BILL to amend and reenact § 58.1-812 of the Code of Virginia, relating to recordation and grantor taxes. S.B. 1304. A BILL to amend and reenact § 18.2-254.1 of the Code of Virginia, relating to drug treatment courts. S.B. 1394. A BILL to amend and reenact §24.2-238 of the Code of Virginia, relating to removal of public officials; costs. S.B. 1509. A BILL to amend and reenact §§ 10.1-2132 and 32.1-164 of the Code of Virginia, relating to septic systems; nitrogen-reducing technology. THE HOUSE OF DELEGATES HAS AGREED TO THE REPORTS OF THE COMMITTEES OF CONFERENCE ON THE FOLLOWING HOUSE BILLS: H.B. 1830. A BILL to amend and reenact §§ 58.1-520 and 58.1-530 of the Code of Virginia, relating to Setoff Debt Collection Act. H.B. 1878. A BILL to amend and reenact §§ 24.2-101, 24.2-115, 24.2-115.1, 24.2-307, 24.2-404, 24.2-418, 24.2-604, and 24.2-1004 of the Code of Virginia, relating to elections; clarifications and revisions to registration and election processes; penalties. H.B. 2070. A BILL to amend and reenact § 22.1-79.3 of the Code of Virginia, relating to parental input into the classroom placement of twins or higher order multiples. H.B. 2201. A BILL to amend and reenact §§ 2.2-225, 2.2-225.1, 2.2-2218, 2.2-2219, 2.2-2220, 2.2-2221, 2.2-2233.1, 2.2-3705.6, 2.2-3711, and 23-4.4 of the Code of Virginia, and to repeal §§ 2.2-2513 through 2.2-2517 of the Code of Virginia, relating to oversight of research and development in the Commonwealth. H.B. 2224. A BILL to amend and reenact § 22.1-217 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 51.5-65.1, relating to Braille; certification of instructors. H.B. 2266. A BILL to amend and reenact § 2.2-3705.3 of the Code of Virginia, relating to the Freedom of Information Act; building and fire code complaints. H.B. 2275. A BILL to amend and reenact § 18.2-254.1 of the Code of Virginia, relating to drug treatment courts. H.B. 2353. A BILL to amend and reenact §§ 2.2-208, 2.2-2101, as it is currently effective and as it shall become effective, 22.1-346, 22.1-348, and 22.1-349 of the Code of Virginia, to amend the Code of Virginia by adding a section numbered 22.1-346.2, and to repeal §§ 22.1-346.1 and 22.1-347 of the Code of Virginia, relating to the Virginia School for the Deaf and the Blind. JOURNAL OF THE SENATE -1337- Saturday, February 28, 2009 H.B. 2607. A BILL to amend and reenact § 58.1-662 of the Code of Virginia, relating to the disposition of communications sales and use tax revenue. THE HOUSE OF DELEGATES HAS REFUSED TO AMEND IN ACCORDANCE WITH THE RECOMMENDATION OF THE GOVERNOR THE FOLLOWING HOUSE BILL: H.B. 1613. An Act to amend and reenact §§ 54.1-1801 and 54.1-1805 of the Code of Virginia, relating to professions and occupations; regulation of polygraph examiners. THE HOUSE OF DELEGATES HAS AGREED TO THE REPORT OF THE COMMITTEE OF CONFERENCE ON THE FOLLOWING HOUSE JOINT RESOLUTION: H.J.R. 722. Recognizing Lyndhurst Station for its distinctive and historic place in Virginia history. THE HOUSE OF DELEGATES HAS AGREED TO THE FOLLOWING SENATE JOINT RESOLUTIONS: S.J.R. 432. Confirming appointments by the Governor of certain persons. S.J.R. 438. Celebrating the life of Bessie Friend Bocock Carter. S.J.R. 458. Celebrating the life of Bates McCluer Gilliam. S.J.R. 459. Celebrating the life of Albert G. Johnson. S.J.R. 460. Commending Laird and Company. S.J.R. 461. Commending Building Goodness Foundation. S.J.R. 462. Celebrating the life of First Lieutenant Thomas J. Brown. S.J.R. 463. Commending First Baptist Church, Martinsville on the occasion of its 125th anniversary. S.J.R. 464. Celebrating the life of Melvin Ross Simpson. S.J.R. 465. Commending Bruce M. Farrell. S.J.R. 466. Celebrating the life of Captain, USN Ret., Frederick W. Silverthorne. S.J.R. 467. Commending Terri Hobson. S.J.R. 468. Celebrating the life of Dorothy Buck Boucher. S.J.R. 469. Celebrating the life of Frances Ellen Daly. S.J.R. 470. Celebrating the life of Calvin Perrow Carter. S.J.R. 471. Commending William H. Fuller III. S.J.R. 472. Commending T. L. Neal. S.J.R. 473. Commending the Gretna High School football team. Saturday, February 28, 2009 -1338- JOURNAL OF THE SENATE S.J.R. 474. Commemorating the life of Zachary Taylor on the 225th anniversary of his birth. S.J.R. 475. Celebrating the life of Flora M. Crater. S.J.R. 476. Commending Diane M. Reese. S.J.R. 477. Celebrating the life of Terrell J. Reid. S.J.R. 478. Celebrating the life of William Edward Lavery. S.J.R. 479. Celebrating the life of Willie Saunders Watkins III. S.J.R. 480. Celebrating the life of James Berry Mohler. S.J.R. 481. Celebrating the life of Laura Camm Slaughter. S.J.R. 482. Commending Marjorie Kain Cole. S.J.R. 483. Commending the 40th Anniversary of Virginia is for Lovers. S.J.R. 484. Commending the Rt. Rev. Peter James Lee. S.J.R. 485. Commending Matt Hayden. S.J.R. 486. Commending the City of Bristol. S.J.R. 487. Commending Frank McCarty. S.J.R. 488. Celebrating the life of Jane Rowe Reynolds Murray. S.J.R. 489. Commending Kohann Williams. S.J.R. 490. Commending Verdia Haywood. S.J.R. 491. Commending Eve and Rick Thompson. S.J.R. 492. Commending Helios HR. S.J.R. 493. Celebrating the life of Levi E. Willis, Sr. S.J.R. 494. Celebrating the life of Robert Saunier Hornsby, Jr. S.J.R. 495. Commending Mike Tomlin. S.J.R. 496. Commending the United Way of Greater Williamsburg. S.J.R. 497. Commending Bishop-elect William M. Dawson. S.J.R. 498. Commending the September 11th National Memorial Trail Alliance. S.J.R. 499. Celebrating the life of Henry D. Gregory III. JOURNAL OF THE SENATE -1339- Saturday, February 28, 2009 S.J.R. 500. Celebrating the life of James Arnold Jones. S.J.R.