Minute Book
2003 SESSION SENATE OF VIRGINIA
TIMOTHY M. KAINE, PRESIDENT OF THE SENATE
SUSAN CLARKE SCHAAR, CLERK
Wednesday, February 19, 2003

Called to order at 11:00 a.m. by Lt. Governor Timothy M. Kaine

Prayer offered by The Reverend Dr. Theodore R. Little, Jr., Dome of Canaan Baptist Church, Chesapeake, Virginia

ROLL CALL OF MEMBERS: quorum present

Motion of Senator Trumbo dispensed with reading of Journal (40-Y 0-N)

COMMUNICATION FROM HOUSE (HN20218): reading waived (40-Y 0-N)

Senate bills with House amendments passed: SB 695, 822, 952, 973, 1014, 1040, 1066, 1092, 1093, 1122, 1129, 1168, 1293

Senate bills with House substitutes passed: SB 889, 890, 1034, 1107, 1253, 1284, 1290, 1296

Senate bills with House substitutes with amendments passed: SB 1230, 1315

House insisted on its amendments and requested committees of conference: SB 1205, 1209

House bills with Senate amendments rejected: HB 1498, 1923, 2503

House bill with Senate substitute rejected: HB 2804

Senate joint resolution with House amendment agreed to: SJR 417

House joint resolution with Senate substitute rejected: HJR 518

Senate bills passed: SB 696, 718, 723, 775, 798, 806, 813, 884, 904, 931, 962, 981, 982, 990, 1013, 1027, 1039, 1102, 1117, 1132, 1152, 1156, 1169, 1174, 1180, 1189, 1193, 1200, 1201, 1202, 1204, 1244, 1278, 1291, 1295, 1305, 1307, 1324, 1330, 1340

Senate bill with conference report concurred in: SB 742

House bills with Senate amendments concurred in: HB 1586, 1643, 1664, 1752, 1769, 1821, 1834, 1844, 1967, 2109, 2164, 2509, 2568, 2619

House bills with Senate substitutes concurred in: HB 1576, 1577, 1822, 1826, 1961, 1988, 2175, 2181, 2196, 2197, 2233, 2364

House bill with Senate substitute with amendments concurred in: HB 2031

House bill with conference report concurred in: HB 1754

House joint resolutions with Senate amendments concurred in: HJR 635, 651

Senate bills defeated: SB 781, 1056, 1213, 1228

Senate bills and joint resolutions with House amendments/substitutes and substitutes with amendments placed on Calendar

MESSAGE FROM HOUSE: Senate amendment to HB 1382 ruled not germane

Rules suspended, privilege of the floor given to distinguished guests (40-Y 0-N)

SR 34, 35, 36, 37, 38 offered by Senator Stolle

Resolutions presented, ordered printed and referred under Senate Rule 11(b)

SR 39 - offered by Senator K.G. Miller

SR 40 - offered by Senator Howell

SR 41 - offered by Senator Whipple

MESSAGE FROM HOUSE: House agreed to HJR 925 (Election of a Judge of the Court of Appeals, Circuit Court Judges, General District Court Judges, Juvenile and Domestic Relations District Court Judges, Members of the Judicial Inquiry and Review Commission)

HJR 925 - Rules suspended, taken up for immediate consideration (40-Y 0-N), reading waived, agreed to (40-Y 0-N), House informed

Rules suspended, privilege of the floor given to distinguished guests (40-Y 0-N)

Joint Order pursuant to HJR 925

SR 34 - Rules suspended, committee discharged, reading waived, taken up for immediate consideration (38-Y 0-N), engrossed, agreed to (voice vote)

SR 35 - Rules suspended, committee discharged, reading waived, taken up for immediate consideration (39-Y 0-N), Stolle floor amendment agreed to, engrossed, agreed to (voice vote)

SR 36 - Rules suspended, committee discharged, reading waived, taken up for immediate consideration (39-Y 0-N), engrossed, agreed to (voice vote), reconsideration agreed to (24-Y 16-N), Stolle floor substitute agreed to (23-Y 17-N), engrossed, agreed to (voice vote)

SR 37 - Rules suspended, committee discharged, reading waived, taken up for immediate consideration (40-Y 0-N), engrossed, agreed to (voice vote)

SR 38 - Rules suspended, committee discharged, reading waived, taken up for immediate consideration (40-Y 0-N), engrossed, agreed to (voice vote)

House informed that nominations have been made pursuant to HJR 925

ELECTION OF A JUDGE OF THE COURT OF APPEALS, CIRCUIT COURT JUDGES, GENERAL DISTRICT COURT JUDGES, JUVENILE AND DOMESTIC RELATIONS DISTRICT COURT JUDGES, MEMBERS OF THE JUDICIAL INQUIRY AND REVIEW COMMISSION

Court of Appeals Judge (33-Y 0-N)

Elizabeth A. McClanahan

Circuit Court Judges (39-Y 0-N), agreed to in block except lines 10 and 11, reconsideration agreed to (40-Y 0-N), agreed to in block except lines 10 and 11 (40-Y 0-N), agreed to lines 10 and 11 (29-Y 3-N), reconsideration of adoption of lines 10 and 11 (37-Y 0-N), lines 10 and 11 agreed to (27-Y 3-N)

Third Judicial Circuit: Mark S. Davis

Sixth Judicial Circuit: Samuel E. Campbell

Seventh Judicial Circuit: David F. Pugh

Seventh Judicial Circuit: C. Peter Tench

Sixteenth Judicial Circuit: Timothy K. Sanner

Twenty-seventh Judicial Circuit: Brett L. Geisler

Thirtieth Judicial Circuit: John C. Kilgore

General District Court Judges (40-Y 0-N) agreed to in block except lines 3 and 4 of page 2, lines 3 and 4 of page 2 agreed to (29-Y 0-N), reconsideration of block vote (40-Y 0-N), agreed to (40-Y 0-N)

Fourth Judicial District: Alfred M. Tripp

Fourth Judicial District: Bruce A. Wilcox

Seventh Judicial District: Alfred O. Masters, Jr.

Seventh Judicial District: Gary A. Mills

Seventh Judicial District: Bryant L. Sugg

Ninth Judicial District: Colleen K. Killilea

Fifteenth Judicial District: George Mason, lll

Fifteenth Judicial District: Gordon F. Willis

Nineteenth Judicial District: William J. Minor, Jr.

Twenty-first Judicial District: G. Carter Greer

Twenty-seventh Judicial District: Gino W. Williams

Juvenile and Domestic Relations District Court Judges (36-Y 0-N)

Sixth Judicial District: Jacqueline R. Waymack

Seventh Judicial District: Judith A. Kline

Tenth Judicial District: S. Anderson Nelson

Fifteenth Judicial District: David H. Beck

Twenty-fourth Judicial District: William R. Light

Thirtieth Judicial District: James Michael Shull

Members of the Judicial Inquiry and Review Commission (39-Y 0-N)

Virginia L. Cochran

Martin A. Thomas

Larry D. Willis, Sr.

Reading of report waived (37-Y 0-N)

CALENDAR

UNFINISHED BUSINESS - HOUSE

HB 1464 - Senate insisted on its amendment and requested committee of conference (40-Y 0-N)

HB 1928 - Senate insisted on its amendment and requested committee of conference (39-Y 0-N)

HB 1959 - Senate insisted on its substitute and requested committee of conference (39-Y 0-N)

HB 2122 - Senate insisted on its substitute and requested committee of conference (39-Y 0-N)

HB 2225 - Senate insisted on its substitute and requested committee of conference (39-Y 0-N 1-A)

UNFINISHED BUSINESS - SENATE

S.B. 881 - House amendment agreed to (40-Y 0-N)

S.B. 913 - House amendments agreed to (40-Y 0-N)

S.B. 1052 - House amendments agreed to (40-Y 0-N)

S.B. 1088 - House amendments agreed to (40-Y 0-N)

S.B. 1137 - House amendments agreed to (36-Y 3-N), reconsideration agreed to (40-Y 0-N), amendments agreed to (40-Y 0-N)

S.B. 1186 - House amendments agreed to (39-Y 0-N)

S.B. 1316 - House amendments agreed to (38-Y 0-N 1-A)

S.B. 786 - House amendment #1 rejected (3-Y 37-N), amendments 2 - 4 agreed to (40-Y 0-N)

S.B. 859 - House substitute agreed to (39-Y 0-N), reconsideration agreed to (39-Y 0-N), substitute agreed to (40-Y 0-N)

S.B. 897 - House substitute agreed to (39-Y 1-N)

S.B. 903 - House substitute agreed to (40-Y 0-N)

S.B. 965 - House amendment agreed to (40-Y 0-N)

S.B. 1058 - House substitute rejected (7-Y 32-N), reconsideration agreed to (39-Y 1-N), substitute rejected (1-Y 39-N)

S.B. 1145 - House amendment rejected (1-Y 39-N)

S.B. 1190 - House amendment agreed to (40-Y 0-N)

S.B. 1199 - House amendment agreed to (40-Y 0-N)

S.B. 1229 - House substitute agreed to (40-Y 0-N)

S.B. 1275 - House amendment agreed to (37-Y 3-N)

S.B. 1279 - House amendment rejected (5-Y 34-N 1-A)

S.B. 1285 - House amendment agreed to (40-Y 0-N)

S.B. 1337 - House amendments agreed to (40-Y 0-N)

S.B. 1341 - House substitute rejected (3-Y 36-N)

UNCONTESTED CALENDAR

HOUSE BILLS ON THIRD READING

Read third time

HB 1972A - Committee amendment agreed to, Norment floor Amendment agreed to, Engrossed, Passed Block Vote (40-Y 0-N)

HB 2188A - Engrossed, Passed Block Vote (40-Y 0-N)

HB 2610S - Engrossed, Passed Block Vote (40-Y 0-N)

HB 2681 - Passed Block Vote (40-Y 0-N)

HB 1777 - Passed Block Vote (40-Y 0-N)

HB 1778 - Passed Block Vote (40-Y 0-N)

HB 1948A - Engrossed, Passed Block Vote (40-Y 0-N)

HB 2193S - Engrossed, Passed Block Vote (40-Y 0-N)

HB 2512S - Committee substitute agreed to, Engrossed, Passed Block Vote (40-Y 0-N)

HB 2579A - Engrossed, Passed Block Vote (40-Y 0-N)

HB 2789S - Engrossed, Passed Block Vote (40-Y 0-N)

HB 1926 - Out of Block, Passed by for the day

HB 2079SA - Out of Block, Cuccinelli floor amendment agreed to, Engrossed, Passed (39-Y 1-N)

HB 2377 - Out of Block, Passed by for the day

REGULAR CALENDAR

HOUSE BILLS ON THIRD READING

Read third time

HB 1782A - Reconsideration of Trumbo floor amendments (38-Y 0-N), Trumbo floor amendments withdrawn, Engrossed, Passed (35-Y 5-N)

HB 2406 - Watkins floor Amendment #1 rejected, Watkins floor Amendment #2 rejected, Cuccinelli floor amendment withdrawn, Passed (39-Y 1-N)

HB 2647S - Quayle floor substitute agreed to, Engrossed, Failed to pass (26-Y 14-N, 2/3 of those elected needed), Reconsideration of failed to pass agreed to (39-Y 0-N 1-A), Passed (29-Y 10-N)

HB 1512S - Stolle floor substitute agreed to, Engrossed, Passed (38-Y 1-N), Passage Reconsidered (40-Y 0-N), Passed (40-Y 0-N)

HB 1678SA - Committee substitute agreed to, Newman floor Amendment agreed to, Engrossed, Passed (21-Y 15-N 2-A)

HB 2426S - Hanger floor amendment withdrawn, Engrossed, Passed (36-Y 3-N)

HB 2518A - Trumbo floor Amendments rejected (12-Y 26-N), Engrossed, Passed (38-Y 2-N)

HB 2339 - Saslaw floor substitute rejected (17-Y 23-N), Edwards floor amendment rejected (15-Y 25-N), Passed (27-Y 13-N)

HB 1402S - Committee substitute agreed to, Engrossed, Passed (30-Y 9-N), Passage Reconsidered (40-Y 0-N), Passed (29-Y 11-N)

HB 1657SA - Committee substitute agreed to, O'Brien floor Amendments agreed to, Engrossed, Passed (36-Y 4-N)

HB 1730SA - Committee substitute agreed to, Houck floor Amendments agreed to, Engrossed, Passed (39-Y 0-N), Passage Reconsidered (40-Y 0-N), Passed (40-Y 0-N)

HB 1481A - Committee amendment agreed to, Engrossed, Passed (40-Y 0-N)

HB 1683A - Committee amendments agreed to, Engrossed, Passed (37-Y 3-N)

HB 2234S - Committee substitute agreed to, Engrossed, Passed (40-Y 0-N)

HB 2266S - Committee substitute agreed to, Cuccinelli floor Amendment rejected, Engrossed, Passed (24-Y 15-N), Passage Reconsidered (39-Y 0-N), Passed by for the day

HB 2397 - Passed (39-Y 0-N 1-A)

HB 2544 - Passed (38-Y 1-N), Passage Reconsidered (38-Y 0-N), Passed (39-Y 1-N)

HB 2721 - Passed (39-Y 0-N 1-A)

REGULAR CALENDAR

HOUSE BILL ON SECOND READING

HB 2404A - Read second time

HJR 899 - Rules suspended, taken up for immediate consideration (40-Y 0-N), agreed to

COMMUNICATION FROM HOUSE (HN10219)

House joint resolution agreed to: HJR 927

HJR 927 - Rules suspended, taken up for immediate consideration (40-Y 0-N), reading waived, agreed to (40-Y 0-N)

HB 1382 - Senate receded from its amendment (37-Y 3-N)

On motion of Senator Trumbo, the Senate recessed at 4:50 p.m. to reconvene at 4:52 p.m.

The Senate reconvened at 4:52 p.m.

BILL REPORTED

From Education and Health: HB 2837

HB 2837 - Rules suspended, taken up for immediate consideration (38-Y 0-N), read second time, third constitutional reading dispensed (40-Y 0-N), passed (40-Y 0-N)

UNFINISHED BUSINESS - SENATE

SB 1205 - Senate acceded to House request for committee of conference (39-Y 0-N)

SB 1209 - Senate acceded to House request for committee of conference (35-Y 1-N)

CONFEREES APPOINTED

SB 1205 - Senators Newman, Mims and Lucas

SB 1209 - Senators Newman, Blevins and Edwards

SR 42 - offered by Senator Mims

On motion of Senator Chichester, the Senate adjourned at 5:00 p.m. to convene Thursday, February 20, 2003, at 10:00 a.m.

KEY: A = AMENDMENT(S); S = SUBSTITUTE; SA = SUBSTITUTE WITH AMENDMENT(S)


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