JOURNAL OF THE SENATE -47- Wednesday, April 18, 2001 WEDNESDAY, APRIL 18, 2001 The Senate met at 10:00 a.m. and was called to order by Lieutenant Governor John H. Hager. The Reverend Dennett Slemp, Virginia Institute of Pastoral Care, Richmond, Virginia, offered the following prayer: Holy, mysterious, and loving God, in the midst of our business this day, help us to be centered in Your presence. Keep us mindful of the simple things we have always known in our hearts. Leadership is measured by service. Power by the ability to empower others. Justice by how we seek justice for the most vulnerable. And that our freedom is secured by enhancing the freedom of others. Oh God, lift our eyes to see more of Your vision, and open our hearts to dream more of Your dream — for the well-being and fulfillment of all people. And grant us wisdom, skill and courage to act in the light of these this day. Amen. The roll was called and the following Senators answered to their names: Barry, Bolling, Byrne, Chichester, Colgan, Couric, Edwards, 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, Ruff, Stolle, Stosch, Ticer, Trumbo, Wagner, Wampler, Watkins, Whipple, Williams. A quorum was present. After the roll call, Senators Forbes and Saslaw notified the Clerk of their presence. On motion of Senator Colgan, 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, 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, Ruff, Saslaw, Stolle, Stosch, Ticer, Trumbo, Wagner, Wampler, Watkins, Whipple, Williams--39. NAYS--0. RULE 36--0. INTRODUCTION OF LEGISLATION Pursuant to the provisions of House Joint Resolution No. 1 and Senate Rule 26 (g), Senator Whipple requested and was granted unanimous consent to introduce a joint resolution; subsequently, the following was presented and laid on the Clerk’s Desk: S.J.R. 12. Commending Rabbi Marvin Bash on his retirement. Patrons--Whipple, Howell and Ticer At 10:15 a.m., Senator Norment moved that the Senate recess until 12:10 p.m. The motion was agreed to. Wednesday, April 18, 2001 -48- JOURNAL OF THE SENATE THE PRESIDENT PRO TEMPORE PRESIDING The hour of 12:10 p.m. having arrived, the Chair was resumed, the President pro tempore, Senator Chichester, presiding. At 12:10 p.m., Senator Norment moved that the Senate recess until 3:40 p.m. The motion was agreed to. THE PRESIDENT PRESIDING The hour of 3:40 p.m. having arrived, the Chair was resumed, the President presiding. At 3:40 p.m., Senator Trumbo moved that the Senate recess until 3:45 p.m. The motion was agreed to. The hour of 3:45 p.m. having arrived, the Chair was resumed. COMMITTEE REPORT The following joint resolution, having been considered by the committee in session, was reported by Senator Trumbo from the Committee on Rules: S.J.R. 6 (six) with substitute. SENATE JOINT RESOLUTION ON FIRST READING IMMEDIATE CONSIDERATION Senator Trumbo moved that the Rules be suspended and S.J.R. 6 (six) be taken up for immediate consideration, waiving the first reading of the title. The motion was agreed to. The recorded vote is as follows: YEAS--36. NAYS--2. RULE 36--0. YEAS--Barry, Bolling, Chichester, Colgan, Couric, Edwards, Hanger, Hawkins, Houck, Howell, Lucas, Marsh, Martin, Marye, Maxwell, Miller, K.G., Mims, Newman, Norment, Potts, Puckett, Puller, Quayle, Rerras, Reynolds, Ruff, Saslaw, Stolle, Stosch, Ticer, Trumbo, Wagner, Wampler, Watkins, Whipple, Williams--36. NAYS--Byrne, Miller, Y.B.--2. RULE 36--0. S.J.R. 6 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: Amending House Joint Resolution No. 1 of the 2001 Reapportionment Special Session of the General Assembly of Virginia, relating to limiting legislation to be considered by such session. JOURNAL OF THE SENATE -49- Wednesday, April 18, 2001 The reading of the substitute was waived. On motion of Senator Trumbo, the substitute was agreed to. On motion of Senator Trumbo, the joint resolution was ordered to be engrossed and read by title the third time. Senator Trumbo moved that the Rules be suspended and the third reading of the title of S.J.R. 6 be waived. The motion was agreed to. The recorded vote is as follows: YEAS--36. NAYS--2. RULE 36--0. YEAS--Barry, Bolling, Chichester, Colgan, Couric, Edwards, Hanger, Hawkins, Houck, Howell, Lucas, Marsh, Martin, Marye, Maxwell, Miller, K.G., Mims, Newman, Norment, Potts, Puckett, Puller, Quayle, Rerras, Reynolds, Ruff, Saslaw, Stolle, Stosch, Ticer, Trumbo, Wagner, Wampler, Watkins, Whipple, Williams--36. NAYS--Byrne, Miller, Y.B.--2. RULE 36--0. SENATE JOINT RESOLUTION NO. 6 AMENDMENT IN THE NATURE OF A SUBSTITUTE Amending House Joint Resolution No. 1 of the 2001 Reapportionment Special Session of the General Assembly of Virginia, relating to limiting legislation to be considered by such session. RESOLVED by the Senate, the House of Delegates concurring, That House Joint Resolution No. 1 of the 2001 Reapportionment Special Session of the General Assembly of Virginia be amended and reenacted as follows: RESOLVED by the House of Delegates, the Senate concurring, That during the 2001 Reapportionment Special Session, summoned by proclamation of the Governor on February 24, 2001, to begin after the adjournment sine die of the 2001 Regular Session, no bill, joint resolution, or resolution other than one introduced with unanimous consent in the house of origin shall be considered except legislation relating to (i) the reapportionment of the districts of members of the House of Delegates or, the Virginia Senate, or the United States House of Representatives; (ii) election law changes needed to facilitate elections following the reapportionment of districts or needed as a result of the reapportionment of districts, judicial decisions, or requirements of or communications from the United States Department of Justice; (iii) the rules of procedure or schedule of business of the General Assembly, either of its houses, or any of its committees; (iv) a response to objections raised by the Department of Justice; (v) a response to any reapportionment development that may occur; (vi) the election of judges; or (vii) confirming appointments subject to the confirmation of the General Assembly; or (viii) appropriating funds and providing revenues for the 2000-2002 biennium shall be offered in either house during this special session. Any legislation introduced in accordance with the provisions of (viii) shall not be considered by the house of origin after May 1, 2001, and all action on such legislation shall be completed by both houses no later than May 15, 2001. S.J.R. 6, on motion of Senator Trumbo, was agreed to. Wednesday, April 18, 2001 -50- JOURNAL OF THE SENATE The recorded vote is as follows: YEAS--36. NAYS--2. RULE 36--0. YEAS--Barry, Bolling, Chichester, Colgan, Couric, Edwards, Hanger, Hawkins, Houck, Howell, Lucas, Marsh, Martin, Marye, Maxwell, Miller, K.G., Mims, Newman, Norment, Potts, Puckett, Puller, Quayle, Rerras, Reynolds, Ruff, Saslaw, Stolle, Stosch, Ticer, Trumbo, Wagner, Wampler, Watkins, Whipple, Williams--36. NAYS--Byrne, Miller, Y.B.--2. RULE 36--0. Senator Trumbo was ordered to inform the House of Delegates thereof. CALENDAR HOUSE BILL ON THIRD READING H.B. 1 (one) was read by title the third time. The amendment in the nature of a substitute proposed by the Committee on Privileges and Elections was offered, having been printed separately, with its title reading as follows: A BILL to amend the Code of Virginia by adding in Article 2 of Chapter 3 of Title 24.2 a section numbered 24.2-304.01, and to repeal § 24.2-304 of the Code of Virginia, relating to House of Delegates districts. The reading of the substitute was waived. Senator Hawkins moved that the substitute be agreed to. The question was put on agreeing to the substitute. The yeas and nays were called for; and, being desired by one-fifth of the Senators present, the yeas and nays were ordered. The recorded vote is as follows: YEAS--20. NAYS--17. RULE 36--0. YEAS--Bolling, Chichester, Hanger, Hawkins, Martin, Miller, K.G., Mims, Newman, Norment, Potts, Quayle, Rerras, Ruff, Stolle, Stosch, Trumbo, Wagner, Wampler, Watkins, Williams--20. NAYS--Byrne, Colgan, Couric, Edwards, Houck, Howell, Lucas, Marsh, Marye, Maxwell, Miller, Y.B., Puckett, Puller, Reynolds, Saslaw, Ticer, Whipple--17. RULE 36--0. The substitute was agreed to. Senator Miller, Y.B., offered an amendment in the nature of a substitute, having been printed separately, with its title reading as follows: A BILL to amend the Code of Virginia by adding in Article 2 of Chapter 3 of Title 24.2 a section numbered 24.2-304.01, and to repeal § 24.2-304 of the Code of Virginia, relating to House of Delegates districts. The substitute offered by the Committee on Privileges and Elections having been agreed to, the substitute offered by Senator Miller, Y.B., was not taken up. Senator Edwards offered the following amendments to the substitute: JOURNAL OF THE SENATE -51- Wednesday, April 18, 2001 SEN. EDWARDS Line 71, substitute, after Eleventh. strike the remainder of the line and all of lines 72 through 76 insert Part of the City of Roanoke, comprised of the Highland 1, Highland 2, Jefferson 1, Jefferson-Riverdale, Jefferson 2, Peters Creek, Melrose, Eureka Park, Villa Heights, Washington Heights, Westside, Raleigh Court 1, Raleigh Court 2, Raleigh Court 3, Raleigh Court 4, Raleigh Court 5, Wasena, Fishburn Park, Grandlin Court, South Roanoke 1, South Roanoke 2, Lee-Hi, and Williamson Road 3 (12)/Lincoln Terrace (16) Precincts.