TUESDAY, JANUARY 30, 2001 -...

Tuesday, January 30, 2001 -436- JOURNAL OF THE SENATE

TUESDAY, JANUARY 30, 2001

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

The Reverend L. Stanley Wright, Jr., Pastor, Calvary United Methodist Church, Richmond, Virginia,offered the following prayer:

Gracious God, we thank You and give praise to You this day, for Your continual blessings beingpoured out upon us as a State. We thank You too for the leadership represented here today that throughYour wisdom You have provided for us. May Virginians be in much prayer for these who have theawesome responsibility of leading us into this New Millennium. We would ask You now that You forgiveus as a State for the times when we have been less than faithful to the gifts and talents You have so richlyblessed us with. Grant Your grace and wisdom to continue to direct this body, that peace, honor, and justicemay go forth from this place. We ask for Your healing to be upon those who need Your divine touch andwe ask that Your same healing power would minister to all Virginians, bringing us together in Your willand purpose. We pray for strength for Governor Gilmore and for all representatives here. May Your loveand grace preserve us as we ask this prayer in Your Holy Name. 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, Ruff, Saslaw, Stolle, Stosch, Ticer, Trumbo,Wagner, Wampler, Watkins, Whipple, Williams.

A quorum was present.

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

The recorded vote is as follows:YEAS--40. 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, Ruff, Saslaw, Stolle, Stosch, Ticer,Trumbo, Wagner, Wampler, Watkins, Whipple, Williams--40.

NAYS--0.RULE 36--0.

HOUSE COMMUNICATION

The following communication was received:

In the House of DelegatesJanuary 29, 2001

THE HOUSE OF DELEGATES HAS PASSED THE FOLLOWING HOUSE BILLS:

H.B. 1587. A BILL to amend and reenact §§ 9-173.21 and 22.1-278.1 of the Code of Virginia, relating toschool safety audits.

JOURNAL OF THE SENATE -437- Tuesday, January 30, 2001

H.B. 1613. A BILL to require the posting of certain statement in the public schools of theCommonwealth.

H.B. 1634. A BILL to amend and reenact § 15.2-901 of the Code of Virginia, relating to cutting of grassand weeds.

H.B. 1643. A BILL to amend and reenact § 10.1-2211 of the Code of Virginia, relating to care ofConfederate cemeteries and graves.

H.B. 1646. A BILL to amend and reenact §§ 46.2-841 and 46.2-842 of the Code of Virginia, relating toovertaking and passing vehicles on highways.

H.B. 1739. A BILL to amend and reenact § 51.1-500 of the Code of Virginia and to amend the Code ofVirginia by adding a section numbered 51.1-505.01, relating to additional accidental death anddismemberment benefits purchased by the Board of Trustees of the Virginia Retirement System.

H.B. 1740. A BILL to amend and reenact § 51.1-124.23 of the Code of Virginia, relating to creatingmedical boards for the Virginia Retirement System.

H.B. 1741. A BILL to amend and reenact §§ 51.1-126, 51.1-126.5, 51.1-126.6, and 51.1-161 of the Codeof Virginia, relating to the optional retirement plans for certain employees of institutions of highereducation; for certain employees of public school divisions; and for certain appointees of theGovernor, the Attorney General, and the Lieutenant Governor.

H.B. 1748. A BILL to amend the Code of Virginia by adding in Title 51.1 a chapter numbered 13,consisting of sections numbered 51.1-1300 through 51.1-1304, relating to the establishment ofbenefit restoration plans.

H.B. 1760. A BILL to amend and reenact § 6.1-2.23 of the Code of Virginia, relating to CRESPA;depositing funds in conjunction with an escrow, settlement or closing.

H.B. 1776. A BILL to amend and reenact § 51.1-144 of the Code of Virginia, relating to the membercontribution accounts.

H.B. 1816. A BILL to amend and reenact § 51.1-124.3 of the Code of Virginia, relating to creditablecompensation in computing teachers’ retirement benefits.

H.B. 1823. A BILL to amend and reenact §§ 15.2-912 and 18.2-371.3 of the Code of Virginia, relating totattoo parlors and piercing salons.

H.B. 1830. A BILL to amend and reenact § 58.1-3257 of the Code of Virginia, relating to the time inwhich real estate tax assessments must be completed.

H.B. 1873. A BILL to amend and reenact § 10.1-1429.1 of the Code of Virginia and to amend the Codeof Virginia by adding in Chapter 14 of Title 10.1 an article numbered 4.3, consisting of a sectionnumbered 10.1-1429.5, relating to voluntary remediation of contaminated properties.

H.B. 1885. A BILL to amend and reenact § 22.1-32 of the Code of Virginia, relating to salaries for schoolboard members.

H.B. 1897. A BILL to amend and reenact § 29.1-301 of the Code of Virginia, relating to exemptions forlicense requirements; landowner’s parents.


H.B. 1924. A BILL to amend and reenact § 51.1-1130 of the Code of Virginia, relating to the VirginiaRetirement System; coordination of benefits.

H.B. 1960. A BILL to amend and reenact §§ 51.1-505, 51.1-512, and 51.1-512.1 of the Code of Virginia,relating to life and accident insurance for state employees and retirees.

H.B. 2076. A BILL to amend and reenact §§ 10,1-523, 10.1-525, 24.2-506, and 24.2-680 of the Code ofVirginia and to amend the Code of Virginia by adding a section numbered 10.1-518.1, relating to theelection of directors of soil and water conservation districts.

H.B. 2077. A BILL to amend and reenact § 10.1-530 of the Code of Virginia, relating to designation of achairman for a Soil and Water Conservation District board.

H.B. 2096. A BILL to amend and reenact § 29.1-305 of the Code of Virginia, relating to the special bear,deer and turkey license.

H.B. 2098. A BILL to amend the Code of Virginia by adding a section numbered 29.1-523.1, relating touse of firearms equipped with sights when hunting deer after dark; penalty.

H.B. 2175. A BILL to amend and reenact §§ 4.1-126, 4.1-210, 4.1-231, and 4.1-233 of the Code ofVirginia, relating to ABC licenses for certain properties; special licenses.

H.B. 2278. A BILL to amend and reenact § 10.1-2211 of the Code of Virginia, relating to care ofConfederate cemeteries and graves.

H.B. 2293. A BILL to amend and reenact § 51.1-124.3 of the Code of Virginia, to amend the Code ofVirginia by adding a section numbered 51.1-142.2, and to repeal §§ 51.1-142, 51.1-142.1, and51.1-143 of the Code of Virginia, relating to retirement credit for prior service and certainaccumulated sick leave.

H.B. 2302. A BILL to amend and reenact § 10.1-202 of the Code of Virginia and to amend the Code ofVirginia by adding a section numbered 10.1-200.2, relating to littering in state parks; penalty.

H.B. 2314. A BILL to amend and reenact § 15.2-958.1 of the Code of Virginia, relating to blightedstructures in certain cities.

H.B. 2453. A BILL to provide a new charter for the Town of Wise in Wise County and to repeal Chapter462 of the Acts of Assembly of 1975, which provided a charter for the Town of Wise.

H.B. 2468. A BILL to amend and reenact § 15.2-4903 of the Code of Virginia, relating to industrialdevelopment authorities.

H.B. 2479. A BILL to amend and reenact §§ 7 and 15 of Chapter 380 of the Acts of Assembly of 1980,relating to the organization of and issuance of bonds by the Capital Regional Airport Commission.

H.B. 2496. A BILL to amend and reenact § 15.2-2314 of the Code of Virginia, relating to review of boardof zoning appeals decisions.

H.B. 2512. A BILL to amend and reenact §§ 8.01-47, 9-6.14:4.1, 16.1-293, 22.1-254, 22.1-266,22.1-276.2, 22.1-277, 22.1-277.2, and 22.1-279.3 of the Code of Virginia, to amend the Code ofVirginia by adding sections numbered 22.1-4.3, 22.1-79.3, 22.1-203.2, 22.1-276.01, 22.1-277.04through 22.1-277.08, 22.1-277.2:1, 22.1-279.3:1, 22.1-279.6 through 22.1-279.9, and 22.1-280.4,


and to repeal §§ 22.1-276, 22.1-277.01, 22.1-277.01:1, 22.1-277.01:2, 22.1-277.02, 22.1-277.02:1,22.1-277.03, 22.1-277.1, 22.1-278, 22.1-278.1, 22.1-278.2, 22.1-278.3, 22.1-279.5, 22.1-280.1, and22.1-280.3 of the Code of Virginia, relating to student discipline.

H.B. 2531. A BILL to amend and reenact § 3.4 of Chapter 134 of the Acts of Assembly of 1988, whichprovided a charter for the City of Norton, relating to time of elections.

H.B. 2539. A BILL to amend and reenact §§ 15.2-4904 and 36-11 of the Code of Virginia, and to amendand reenact § 3, as amended, of Chapter 133 of the Acts of Assembly of 1966, § 2, as amended, ofChapter 271 of the Acts of Assembly of 1966, and § 5, as amended, of Chapter 397 of the Acts ofAssembly of 1987, relating to term limits for certain authorities in the City of Chesapeake.

H.B. 2546. A BILL to amend and reenact § 29.1-301 of the Code of Virginia, relating to exemptions fromlicenses to hunt, trap, or fish.

H.B. 2564. A BILL to amend and reenact § 15.2-4904 of the Code of Virginia, relating to appointment toindustrial development authorities.

H.B. 2577. A BILL to amend and reenact § 15.2-1716 of the Code of Virginia, relating to expensesincurred in responding to DUI incident.

H.B. 2612. A BILL to amend and reenact § 10.1-2211 of the Code of Virginia, relating to the care ofConfederate cemeteries and graves.

H.B. 2615. A BILL to amend the Code of Virginia by adding a section numbered 29.1-309.1, relating tothe establishment of a special lifetime trapping license for disabled persons.

H.B. 2637. A BILL to amend and reenact § 29.1-339 of the Code of Virginia, relating to complimentaryhunting and fishing licenses.

H.B. 2674. A BILL to amend and reenact § 22.1-253.13:3 of the Code of Virginia, as it shall becomeeffective, relating to the requirements for a standard diploma.

H.B. 2835. A BILL authorizing the Department of Conservation and Recreation to accept certainproperty in Charlotte County.

IT HAS AGREED TO THE FOLLOWING HOUSE JOINT RESOLUTIONS:

H.J.R. 503. Proposing an amendment to Section 6 of Article X of the Constitution of Virginia, relating totax-exempt property.

H.J.R. 581. Encouraging the Departments of Health and Education to develop a plan, in consultationwith the Virginia Asthma Coalition and other stakeholders, that will increase the utilization ofasthma assessment tools.

IN WHICH ACTION IT REQUESTS THE CONCURRENCE OF THE SENATE.

/s/ Bruce F. JamersonClerk, House of Delegates

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




NAYS--0.RULE 36--0.

The House bills communicated as passed by the House of Delegates, the first reading of their titlesrequired by the Constitution having been dispensed with, were referred as follows:

H.B. 1587, H.B. 1613, H.B. 1885, H.B. 2512, and H.B. 2674 were referred to the Committee onEducation and Health.

H.B. 1634, H.B. 1823, H.B. 2314, H.B. 2453, H.B. 2468, H.B. 2479, H.B. 2496, H.B. 2531, H.B.2539, H.B. 2564, and H.B. 2577 were referred to the Committee on Local Government.

H.B. 1643, H.B. 2278, and H.B. 2612 were referred to the Committee on General Laws.

H.B. 1646 was referred to the Committee on Transportation.

H.B. 1739, H.B. 1740, H.B. 1741, H.B. 1748, H.B. 1776, H.B. 1816, H.B. 1830, H.B. 1924, H.B.1960, and H.B. 2293 were referred to the Committee on Finance.

H.B. 1760 was referred to the Committee on Commerce and Labor.

H.B. 1873, H.B. 1897, H.B. 2076, H.B. 2077, H.B. 2096, H.B. 2098, H.B. 2302, H.B. 2546, H.B.2615, and H.B. 2637 were referred to the Committee on Agriculture, Conservation and Natural Resources.

H.B. 2175 was referred to the Committee on Rehabilitation and Social Services.

H.B. 2835 was referred to the Committee for Courts of Justice.

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

H.J.R. 503 was referred to the Committee on Privileges and Elections.

H.J.R. 581 was referred to the Committee on Rules.

COMMITTEE REPORT

The following bills, having been considered by the committee in session, were reported by SenatorChichester from the Committee on Finance:

S.B. 812 (eight hundred twelve) with substitute.S.B. 834 (eight hundred thirty-four).S.B. 847 (eight hundred forty-seven).S.B. 897 (eight hundred ninety-seven).S.B. 949 (nine hundred forty-nine).


S.B. 989 (nine hundred eighty-nine).S.B. 994 (nine hundred ninety-four) with substitute.S.B. 998 (nine hundred ninety-eight).S.B. 1117 (one thousand one hundred seventeen) with amendment.S.B. 1178 (one thousand one hundred seventy-eight).S.B. 1187 (one thousand one hundred eighty-seven).S.B. 1202 (one thousand two hundred two).S.B. 1409 (one thousand four hundred nine) with substitute.S.B. 1421 (one thousand four hundred twenty-one).

JUDICIAL NOMINATION FORM RECEIVED

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

COMMONWEALTH OF VIRGINIASENATE

JUDICIAL NOMINATION FORMGENERAL DISTRICT COURT

TO THE SENATE OF VIRGINIA:

The undersigned Senator representing the Thirtieth Judicial District hereby nominates, pursuant toSenate Rule 18 (c), the following person to be elected to the general district court judgeship listed below:

Suzanne K. Fulton, of Scott, as a judge of the Thirtieth Judicial District for a term of six yearscommencing February 1, 2001.

Respectfully submitted,

/s/ William C. Wampler, Jr.

GUEST PRESENTED

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



NAYS--0.RULE 36--0.

Senators Houck and Couric presented to the Senate John Douglas Hall portraying James Madison incommemoration of James Madison’s 250th birthday.


INTRODUCTION OF LEGISLATION

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

S.R. 32. Nominating a person to be elected to general district court judgeship.Patron--StolleReferred to Committee for Courts of Justice

Senator Miller, K.G., by leave, under Senate Rule 11 (b) presented the following resolution whichwas ordered to be printed and referred:

S.R. 33. Nominating a person to be elected as the Auditor of Public Accounts.Patron--Miller, K.G.Referred to Committee on Privileges and Elections

CALENDAR

SENATE BILLS ON THIRD READING

Senator Norment moved that the following Senate bills, the titles of the bills having been printed inthe Calendar for their third reading as required by Article IV, Section 11, of the Constitution, be placedbefore the Senate by number only:

S.B. 849 (eight hundred forty-nine).S.B. 955 (nine hundred fifty-five).S.B. 1045 (one thousand forty-five).S.B. 1190 (one thousand one hundred ninety).S.B. 1236 (one thousand two hundred thirty-six).S.B. 1324 (one thousand three hundred twenty-four).S.B. 1337 (one thousand three hundred thirty-seven).S.B. 1408 (one thousand four hundred eight).

The motion was agreed to.

Senator Norment moved that the passage of the Senate bills that follow be considered en bloc.


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

S.B. 849 (eight hundred forty-nine).S.B. 955 (nine hundred fifty-five).S.B. 1045 (one thousand forty-five).S.B. 1190 (one thousand one hundred ninety).S.B. 1236 (one thousand two hundred thirty-six).S.B. 1324 (one thousand three hundred twenty-four).S.B. 1337 (one thousand three hundred thirty-seven).S.B. 1408 (one thousand four hundred eight).



YEAS--Barry, Bolling, Byrne, Chichester, Colgan, Couric, Edwards, Forbes, Hanger, Hawkins,Houck, Howell, 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.

STATEMENT ON VOTE

Senator Lambert stated that he was recorded as not voting on the question of the passage of S.B. 849,S.B. 955, S.B. 1045, S.B. 1190, S.B. 1236, S.B. 1324, S.B. 1337, and S.B. 1408 en bloc, whereas heintended to vote yea.

S.B. 1191 (one thousand one hundred ninety-one) was read by title the third time and, on motion ofSenator Houck, was passed with its title.


YEAS--Barry, Byrne, Chichester, Colgan, Couric, Edwards, Forbes, Hawkins, Houck, Howell,Lambert, Lucas, Marsh, Marye, Maxwell, Miller, Y.B., Mims, Norment, Potts, Puckett, Puller, Quayle,Reynolds, Saslaw, Stolle, Stosch, Ticer, Trumbo, Wampler, Whipple--30.

NAYS--Bolling, Hanger, Martin, Miller, K.G., Newman, Rerras, Ruff, Wagner, Watkins,Williams--10.

RULE 36--0.

S.B. 961 (nine hundred sixty-one), on motion of Senator Martin, was passed by for the day.

S.B. 1046 (one thousand forty-six) was read by title the third time and, on motion of SenatorWilliams, was passed with its title.



NAYS--0.RULE 36--0.

S.B. 1048 (one thousand forty-eight) was taken up.

RECONSIDERATION

Senator Williams moved to reconsider the vote by which S.B. 1048 (one thousand forty-eight) wasordered to be engrossed and read by title the third time.





NAYS--0.RULE 36--0.

Senator Williams offered the following amendments:

SEN. WILLIAMS

Line 4, engrossed, after throughstrike

2.1-548.010insert

2.1-548.09

SEN. WILLIAMS

Line 13, engrossed, after throughstrike

2.1-548.010insert

2.1-548.09

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

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

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

Senator Williams moved that the Rules be suspended and the third reading of the title of S.B. 1048as required by Article IV, Section 11, of the Constitution, be dispensed with.




NAYS--0.RULE 36--0.

S.B. 1048, on motion of Senator Williams, was passed with its title.




NAYS--0.RULE 36--0.

S.B. 1329 (one thousand three hundred twenty-nine), on motion of Senator Norment, was passed bytemporarily.

JOINT ORDER FOR ELECTIONS

The hour of 12:30 p.m. having arrived, the President stated that the Senate on its part was ready toproceed, pursuant to Senate Joint Resolution No. 474, with the execution of the Joint Order to the electionof a judge of a general district court and the Auditor of Public Accounts.

The President stated that nominations were in order for a judge of the respective general district court.

On motion of Senator Stolle, the Rules were suspended and S.R. 32 (thirty-two) was taken up forimmediate consideration, discharging the Committee for Courts of Justice from further consideration ofthe resolution, and waiving the readings of the title.


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, Reynolds, Ruff, Saslaw, Stolle, Stosch, Ticer, Trumbo,Wagner, Wampler, Watkins, Whipple, Williams--39.

NAYS--0.RULE 36--0.

SENATE RESOLUTION NO. 32

Nominating a person to be elected to general district court judgeship.

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

The Honorable Suzanne K. Fulton, of Scott, as a judge of the Thirtieth Judicial District for a term ofsix years commencing February 1, 2001.

S.R. 32, on motion of Senator Stolle, was ordered to be engrossed and was agreed to.

The President stated that nominations were in order for the office of Auditor of Public Accounts.

On motion of Senator Miller, K.G., the Rules were suspended and S.R. 33 (thirty-three) was taken upfor immediate consideration, discharging the Committee on Privileges and Elections from furtherconsideration of the resolution, and waiving the readings of the title.




NAYS--0.RULE 36--0.

SENATE RESOLUTION NO. 33

Nominating a person to be elected as the Auditor of Public Accounts.

RESOLVED by the Senate, That the following person is hereby nominated to be elected as theAuditor of Public Accounts, as follows:

Walter J. Kucharski, of Richmond, as the Auditor of Public Accounts for a term of four yearscommencing February 1, 2001.

S.R. 33, on motion of Senator Miller, K.G., was ordered to be engrossed and was agreed to.

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

A message was received from the House of Delegates by Delegate Putney, who informed the Senatethat the following nominations had been made by the House:

For judge of the respective general district court:

Suzanne K. Fulton, Thirtieth Judicial District.

For Auditor of Public Accounts:

Walter J. Kucharski.

The roll was called with the following results:

For judge of the respective general district court for the term set forth:

The nominee by Senate Resolution No. 32 received an affirmative vote of 40.



NAYS--0.RULE 36--0.

For Auditor of Public Accounts for the term set forth:


The nominee by Senate Resolution No. 33 received an affirmative vote of 40.

The recorded vote is as follows:

YEAS--40. NAYS--0. RULE 36--0.


NAYS--0.

RULE 36--0.

The President appointed Senators Mims, Rerras, Edwards, and Reynolds, the committee on the partof 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 a judge of the General District Court of the Thirtieth Judicial District for a term of six yearscommencing February 1, 2001:

Suzanne K. Fulton received:

In the House...........98

In the Senate..........40

For the Auditor of Public Accounts for a term of four years commencing February 1, 2001:

Walter J. Kucharski received:

In the House...........98

In the Senate..........40

The Clerk read the report.

The nominees, having received the vote of a majority of the members elected to each house of theGeneral Assembly, were declared by the President duly elected a judge of the respective general districtcourt and Auditor of Public Accounts, as follows:

Suzanne K. Fulton, judge of the General District Court of the Thirtieth Judicial District for a term ofsix years commencing February 1, 2001.

Walter J. Kucharski, Auditor of Public Accounts for a term of four years commencing February 1,2001.


CALENDAR RESUMED

SENATE BILLS ON THIRD READING

S.B. 1329 (one thousand three hundred twenty-nine) was taken up, read by title the third time and, onmotion of Senator Mims, was passed with its title.


YEAS--Barry, Bolling, Byrne, Chichester, Colgan, Couric, Edwards, Forbes, Hanger, Houck,Howell, Lambert, Lucas, Marsh, Marye, Maxwell, Miller, Y.B., Mims, Newman, Norment, Potts, Puckett,Puller, Quayle, Rerras, Reynolds, Saslaw, Stosch, Ticer, Wagner, Wampler, Watkins, Whipple,Williams--34.

NAYS--Hawkins, Martin, Miller, K.G., Ruff, Stolle, Trumbo--6.RULE 36--0.

S.B. 1331 (one thousand three hundred thirty-one) was read by title the third time and, on motion ofSenator Barry, was passed with its title.


YEAS--Barry, Bolling, Chichester, Colgan, Couric, Edwards, Forbes, Hanger, Hawkins, Maxwell,Mims, Newman, Norment, Potts, Puckett, Quayle, Rerras, Reynolds, Ruff, Saslaw, Stolle, Stosch,Trumbo, Wagner, Wampler, Watkins, Williams--27.

NAYS--Byrne, Houck, Howell, Lambert, Lucas, Marye, Puller, Ticer, Whipple--9.RULE 36--0.

S.B. 1391 (one thousand three hundred ninety-one) was read by title the third time and, on motion ofSenator Potts, was passed with its title.


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, Stolle, Stosch, Ticer,Trumbo, Wagner, Wampler, Watkins, Whipple, Williams--39.

NAYS--Ruff--1.RULE 36--0.

At 1:55 p.m., Senator Stosch moved that the Senate recess until 2:20 p.m.


The hour of 2:20 p.m. having arrived, the Chair was resumed.

HOUSE BILL ON SECOND READING

H.B. 580 (five hundred eighty) was read by title the second time.


SENATE BILLS ON SECOND READING

S.B. 1164 (one thousand one hundred sixty-four), on motion of Senator Hanger, was passed by forthe day.

S.B. 1290 (one thousand two hundred ninety), on motion of Senator Norment, was passed by for theday.

Senator Norment moved that the following Senate bills, the titles of the bills having been printed inthe Calendar for their second reading as required by Article IV, Section 11, of the Constitution, be placedbefore the Senate by number only:

S.B. 1277 (one thousand two hundred seventy-seven).S.B. 1199 (one thousand one hundred ninety-nine).S.B. 1209 (one thousand two hundred nine).S.B. 1350 (one thousand three hundred fifty).


S.B. 1277 (one thousand two hundred seventy-seven) was taken up.

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

PRIVILEGES AND ELECTIONS

Line 4, introduced, Title, after 24.2-914strike

, 24.2-914.1,


Line 12, introduced, after 24.2-914strike

, 24.2-914.1,


Line 60, introducedstrike

all of lines 60 through 93


Line 102, introduced, after . (period)strike

remainder of line 102 and all of lines 103 through 106insert

Any report to be filed with the State Board may be mailed subject to therequirements of § 24.2-919 for certain large pre-election contributions. Ifmailed, the report shall be (i) received by the State Board by the deadline forfiling the report or (ii) be transmitted to the State Board by telephonictransmission to a facsimile device by the deadline for filing the report with an


original copy of the report mailed to the State Board and postmarked by thedeadline for filing the report.

The reading of the amendments was waived.

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

S.B. 1199 (one thousand one hundred ninety-nine) was taken up.

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

A BILL to amend and reenact § 63.1-55.02 of the Code of Virginia, relating to adult protective servicestraining.

The reading of the substitute was waived.

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

S.B. 1209 (one thousand two hundred nine) was taken up.

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

A BILL to amend and reenact §§ 63.1-249 and 63.1-274.6 of the Code of Virginia, relating to the divisionof child support enforcement.

The reading of the substitute was waived.

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

S.B. 1350 (one thousand three hundred fifty) was taken up.

The following amendments proposed by the Committee on Rehabilitation and Social Services wereoffered:

REHABILITATION AND SOCIAL SERVICES

Line 21, introduced, after servicesinsert

when a child has a program goal of permanent foster care or is in a long-termfoster care placement

REHABILITATION AND SOCIAL SERVICES

Line 21, introduced, after Thestrike

family assessment and planning teaminsert

case manager

The reading of the amendments was waived.


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

On motion of Senator Norment, the following Senate bills were ordered en bloc to be engrossed andread by title the third time:

S.B. 1277 (one thousand two hundred seventy-seven) as amended.S.B. 1199 (one thousand one hundred ninety-nine) as amended.S.B. 1209 (one thousand two hundred nine) as amended.S.B. 1350 (one thousand three hundred fifty) as amended.

S.B. 873 (eight hundred seventy-three), on motion of Senator Mims, was passed by for the day.

SENATE BILLS ON FIRST READING

Senator Norment moved that the Rules be suspended and the first reading of the titles of the followingSenate bills as required by Article IV, Section 11, of the Constitution, be dispensed with:

S.B. 837 (eight hundred thirty-seven).S.B. 1001 (one thousand one).S.B. 1072 (one thousand seventy-two).S.B. 1153 (one thousand one hundred fifty-three).S.B. 1224 (one thousand two hundred twenty-four).S.B. 1243 (one thousand two hundred forty-three).S.B. 1251 (one thousand two hundred fifty-one).S.B. 1285 (one thousand two hundred eighty-five).S.B. 1315 (one thousand three hundred fifteen).S.B. 1328 (one thousand three hundred twenty-eight).S.B. 1348 (one thousand three hundred forty-eight).S.B. 1365 (one thousand three hundred sixty-five).S.B. 1415 (one thousand four hundred fifteen).S.B. 863 (eight hundred sixty-three).S.B. 972 (nine hundred seventy-two).S.B. 1079 (one thousand seventy-nine).S.B. 1280 (one thousand two hundred eighty).S.B. 1404 (one thousand four hundred four).




NAYS--0.RULE 36--0.

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

S.B. 837 (eight hundred thirty-seven).S.B. 1001 (one thousand one).


S.B. 1072 (one thousand seventy-two).S.B. 1153 (one thousand one hundred fifty-three).S.B. 1224 (one thousand two hundred twenty-four).S.B. 1243 (one thousand two hundred forty-three).S.B. 1251 (one thousand two hundred fifty-one).S.B. 1285 (one thousand two hundred eighty-five).S.B. 1315 (one thousand three hundred fifteen).S.B. 1328 (one thousand three hundred twenty-eight).S.B. 1348 (one thousand three hundred forty-eight).S.B. 1365 (one thousand three hundred sixty-five).S.B. 1415 (one thousand four hundred fifteen).S.B. 863 (eight hundred sixty-three).S.B. 972 (nine hundred seventy-two).S.B. 1079 (one thousand seventy-nine).S.B. 1280 (one thousand two hundred eighty).S.B. 1404 (one thousand four hundred four).

HOUSE JOINT RESOLUTION ON SECOND READING

H.J.R. 524 (five hundred twenty-four) was read by title the second time.

SENATE JOINT RESOLUTIONS ON FIRST READING

Senator Norment moved that the Rules be suspended and the first reading of the titles of the followingSenate joint resolutions be waived:

S.J.R. 322 (three hundred twenty-two).S.J.R. 334 (three hundred thirty-four).S.J.R. 340 (three hundred forty).S.J.R. 341 (three hundred forty-one).S.J.R. 357 (three hundred fifty-seven).S.J.R. 358 (three hundred fifty-eight).S.J.R. 361 (three hundred sixty-one).S.J.R. 379 (three hundred seventy-nine).S.J.R. 380 (three hundred eighty).S.J.R. 382 (three hundred eighty-two).S.J.R. 411 (four hundred eleven).S.J.R. 426 (four hundred twenty-six).S.J.R. 427 (four hundred twenty-seven).S.J.R. 428 (four hundred twenty-eight).S.J.R. 429 (four hundred twenty-nine).S.J.R. 434 (four hundred thirty-four).S.J.R. 437 (four hundred thirty-seven).S.J.R. 439 (four hundred thirty-nine).S.J.R. 441 (four hundred forty-one).S.J.R. 445 (four hundred forty-five).S.J.R. 448 (four hundred forty-eight).



The recorded vote is as follows:

YEAS--40. NAYS--0. RULE 36--0.


NAYS--0.

RULE 36--0.

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

S.J.R. 322 (three hundred twenty-two).

S.J.R. 334 (three hundred thirty-four).

S.J.R. 340 (three hundred forty).

S.J.R. 341 (three hundred forty-one).

S.J.R. 357 (three hundred fifty-seven).

S.J.R. 358 (three hundred fifty-eight).

S.J.R. 361 (three hundred sixty-one).

S.J.R. 379 (three hundred seventy-nine).

S.J.R. 380 (three hundred eighty).

S.J.R. 382 (three hundred eighty-two).

S.J.R. 411 (four hundred eleven).

S.J.R. 426 (four hundred twenty-six).

S.J.R. 427 (four hundred twenty-seven).

S.J.R. 428 (four hundred twenty-eight).

S.J.R. 429 (four hundred twenty-nine).

S.J.R. 434 (four hundred thirty-four).

S.J.R. 437 (four hundred thirty-seven).

S.J.R. 439 (four hundred thirty-nine).

S.J.R. 441 (four hundred forty-one).

S.J.R. 445 (four hundred forty-five).

S.J.R. 448 (four hundred forty-eight).

MESSAGE FROM THE HOUSEIMMEDIATE CONSIDERATION

A message was received from the House of Delegates by Delegate Hull, who informed the Senate thatthe House had agreed to H.J.R. 836 (eight hundred thirty-six); in which it requested the concurrence ofthe Senate:

H.J.R. 836. Commending Jean Schafer.

H.J.R. 836 was laid on the Clerk’s Desk under Senate Rule 26 (g).

On motion of Senator Whipple, the Rules were suspended and H.J.R. 836, having been laid on theClerk’s Desk pursuant to Senate Rule 26 (g), was taken up for immediate consideration.




NAYS--0.RULE 36--0.

The reading of the joint resolution was waived.

H.J.R. 836, on motion of Senator Whipple, was agreed to.

Senator Whipple was ordered to inform the House of Delegates thereof.

INTRODUCTION OF LEGISLATION

Pursuant to the provisions of House Joint Resolution No. 506 and Senate Rule 26 (g), Senator Pullerintroduced a joint resolution; subsequently, the following was presented and laid on the Clerk’s Desk:

S.J.R. 476. On the death of Elizabeth Speer Hartwell.Patron--Puller

Pursuant to the provisions of House Joint Resolution No. 506 and Senate Rule 26 (g), SenatorWhipple introduced a joint resolution; subsequently, the following was presented and laid on the Clerk’sDesk:

S.J.R. 477. On the death of Evelyn Reid Syphax.Patrons--Whipple, Couric, Howell, Lambert, Lucas, Marsh, Maxwell, Miller, Y.B. and Ticer;

Delegates: Almand, Baskerville, Brink, Crittenden, Darner, Jones, D.C. and Jones, J.C.

On motion of Senator Chichester, the Senate adjourned until tomorrow at 12 m. Pursuant to Rule 21(d)ii, the Clerk was ordered to receive the committee reports.

COMMITTEE REPORTS

The following bills, having been considered by the committee in session, were reported by SenatorQuayle from the Committee on Local Government:

S.B. 1228 (one thousand two hundred twenty-eight) with amendment.S.B. 1300 (one thousand three hundred).S.B. 1302 (one thousand three hundred two).S.B. 1402 (one thousand four hundred two) with substitute.H.B. 1554 (one thousand five hundred fifty-four).H.B. 1790 (one thousand seven hundred ninety).H.B. 1802 (one thousand eight hundred two).H.B. 1804 (one thousand eight hundred four).H.B. 1805 (one thousand eight hundred five).H.B. 1824 (one thousand eight hundred twenty-four).H.B. 1951 (one thousand nine hundred fifty-one).H.B. 2030 (two thousand thirty).


H.B. 2114 (two thousand one hundred fourteen).

H.B. 2176 (two thousand one hundred seventy-six).

H.B. 2241 (two thousand two hundred forty-one).

H.B. 2442 (two thousand four hundred forty-two) with amendment.

The following bills and resolutions, having been considered by the committee in session, werereported by Senator Miller, K.G., from the Committee on Privileges and Elections:

S.B. 929 (nine hundred twenty-nine) with substitute.

S.B. 946 (nine hundred forty-six).

S.B. 951 (nine hundred fifty-one) with the recommendation that it be rereferred to the Committee onFinance.

S.B. 964 (nine hundred sixty-four).

S.B. 986 (nine hundred eighty-six) with substitute.

S.B. 1025 (one thousand twenty-five) with amendments.

S.B. 1107 (one thousand one hundred seven).

S.B. 1168 (one thousand one hundred sixty-eight) with substitute.

S.B. 1198 (one thousand one hundred ninety-eight).

S.B. 1217 (one thousand two hundred seventeen) with substitute.

S.B. 1244 (one thousand two hundred forty-four) with amendments.

S.J.R. 366 (three hundred sixty-six).

S.J.R. 418 (four hundred eighteen) with the recommendation that it be rereferred to the Committeeon Finance.

S.J.R. 419 (four hundred nineteen).

S.J.R. 424 (four hundred twenty-four).

S.J.R. 425 (four hundred twenty-five).

S.J.R. 449 (four hundred forty-nine).

S.J.R. 450 (four hundred fifty) with amendments.

S.J.R. 451 (four hundred fifty-one).

S.J.R. 452 (four hundred fifty-two) with amendment.

S.J.R. 453 (four hundred fifty-three).

S.J.R. 454 (four hundred fifty-four).

S.J.R. 455 (four hundred fifty-five).

S.J.R. 456 (four hundred fifty-six).

S.J.R. 457 (four hundred fifty-seven).

S.J.R. 458 (four hundred fifty-eight) with amendment.

S.J.R. 459 (four hundred fifty-nine).

S.J.R. 472 (four hundred seventy-two).

S.R. 31 (thirty-one).

The following bill, having been considered by the committee in session, was recommended forrereferral by the Committee on Privileges and Elections pursuant to Senate Rule 20 (j):

S.B. 1380 (one thousand three hundred eighty) with substitute with the recommendation that it berereferred to the Committee for Courts of Justice.

S.B. 951 and S.J.R 418 were rereferred to the Committee on Finance.


S.B. 1380 was rereferred to the Committee for Courts of Justice pursuant to Senate Rule 20 (j).

John H. HagerPresident of the Senate

Susan Clarke SchaarClerk of the Senate

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