TIMOTHY M. KAINE, PRESIDENT OF THE SENATE
SUSAN CLARKE SCHAAR, CLERK
Wednesday, March 10, 2004

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

      Prayer offered by John McE. Garrett, Deputy Clerk of the Senate and Elder at St. James Presbyterian Chruch, King William, Virginia

      ROLL CALL OF MEMBERS: quorum present

      Motion of Senator Wampler dispensed with reading of Journal (38-Y 0-N)

      MESSAGE FROM HOUSE: House agreed to HJR 517 (Election of Circuit Court Judges, General District Court Judges and Juvenile and Domestic Relations District Court Judges)

      SR 10, 11, 12 offered by Senator Stolle

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

      HJR 517 - Rules suspended, taken up for immediate consideration (39-Y 0-N), reading waived, Stolle floor amendment # 2 agreed to, Stolle floor amendment # 1 agreed to, engrossed, agreed to (38-Y 0-N), House informed

      On motion of Senator Norment, the Senate recessed at 11:35 a.m. to reconvene at 12:10 p.m.

      The Senate reconvened at 12:10 p.m.

      CALENDAR

      BILL IN CONFERENCE

      HB 569 - conference report agreed to (40-Y 0-N), reconsidered (40-Y 0-N), conference report agreed to (40-Y 0-N)

      UNFINISHED BUSINESS - HOUSE

      HB 35 - Senate insisted on its substitute and requested committee of conference (36-Y 3-N)

      HB 176 - Senate insisted on its substitute and requested committee of conference (38-Y 0-N)

      HB 638 - Senate insisted on its substitute and requested committee of conference (38-Y 0-N)

      HB 766 - Senate insisted on its substitute and requested committee of conference (39-Y 0-N)

      HB 798 - Senate insisted on its amendment(s) and requested committee of conference (38-Y 0-N)

      HB 1041 - Senate insisted on its substitute with amendments and requested committee of conference (40-Y 0-N)

      HB 1056 - Senate insisted on its substitute and requested committee of conference (40-Y 0-N)

      HB 1063 - Senate receded from its amendment(s) (40-Y 0-N)

      HB 1107 - Senate insisted on its amendment(s) and requested committee of conference (40-Y 0-N)

      HB 1172 - Senate insisted on its amendment(s) and requested committee of conference (39-Y 0-N)

      UNFINISHED BUSINESS - SENATE

      SB 172 - House amendment(s) agreed to (30-Y 10-N)

      SB 118 - House amendment(s) agreed to (39-Y 0-N)

      SB 202 - House amendment(s) agreed to (40-Y 0-N)

      SB 208 - House substitute rejected (3-Y 37-N)

      SB 224 - House amendment(s) agreed to (40-Y 0-N)

      SB 230 - House substitute agreed to (40-Y 0-N)

      SB 233 - House substitute agreed to (40-Y 0-N)

      SB 276 - House substitute agreed to (40-Y 0-N)

      SB 325 - House substitute agreed to (40-Y 0-N)

      SB 326 - House substitute agreed to (37-Y 3-N), reconsidered (40-Y 0-N), House substitute agreed to (28-Y 12-N)

      SB 329 - House substitute rejected (2-Y 38-N)

      MESSAGE FROM HOUSE: House agreed to HJR 520 (Election of Circuit Court Judges, General District Court Judges and Juvenile and Domestic Relations District Court Judges)

      MESSAGE FROM HOUSE: House agreed to HJR 519

      CALENDAR (continued)

      SB 330 - House amendment(s) rejected (2-Y 38-N)

      SB 333 - House amendment(s) # 1, 3 - 8 agreed to (40-Y 0-N), House amendment # 2 agreed to (38-Y 2-N)

      HJR 520 - Rules suspended, taken up for immediate consideration (40-Y 0-N), reading waived, engrossed, agreed to (40-Y 0-N), House informed

      CALENDAR (continued)

      SB 384 - House substitute rejected (0-Y 40-N)

      SB 386 - House amendment(s) agreed to (40-Y 0-N)

      SB 442 - House substitute rejected (5-Y 35-N)

      Joint Order pursuant to HJR 520

      SR 10 - 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 11 - Rules suspended, committee discharged, reading waived, taken up for immediate consideration (40-Y 0-N), engrossed, agreed to (voice vote)

      SR 12 - Rules suspended, committee discharged, reading waived, taken up for immediate consideration (40-Y 0-N), Stolle floor amendment agreed to, engrossed, agreed to (voice vote)

      House informed that nominations have been made pursuant to HJR 520

      CALENDAR (continued)

      SB 447 - House amendment(s) agreed to (40-Y 0-N)

      SB 454 - House substitute agreed to (40-Y 0-N)

      SB 493 - House substitute rejected (3-Y 37-N)

      SB 505 - House amendment(s) agreed to (40-Y 0-N)

      SB 518 - House amendment(s) agreed to (40-Y 0-N)

      SB 573 - House amendment(s) agreed to (40-Y 0-N)

      SB 601 - House substitute agreed to (40-Y 0-N)

      SB 612 - House amendment(s) agreed to (40-Y 0-N)

      SB 660 - House substitute with amendment(s) rejected (14-Y 26-N), reconsidered (40-Y 0-N), House substitute with amendment(s) rejected (17-Y 23-N)

      SJR 39 - House amendment(s) agreed to (voice vote)

      SJR 43 - House substitute agreed to (voice vote)

      SJR 64 - House amendment(s) agreed to (voice vote)

      SJR 74 - House amendment(s) agreed to (voice vote)

      SJR 75 - House amendment(s) agreed to (voice vote)

      SJR 95 - House amendment(s) agreed to (voice vote)

      SJR 122 - House amendment(s) agreed to (voice vote)

      SJR 131 - House amendment(s) agreed to (voice vote)

      SB 234 - Senate acceded to House request for committee of conference (40-Y 0-N)

      SB 271 - Senate acceded to House request for committee of conference (40-Y 0-N)

      SB 543 - Senate acceded to House request for committee of conference (40-Y 0-N)

      SB 561 - Senate acceded to House request for committee of conference (40-Y 0-N)

      SB 646 - Senate acceded to House request for committee of conference (40-Y 0-N)

      HOUSE BILLS WITH GOVERNOR'S AMENDMENTS

      HB 577 - Governor's amendment agreed to (40-Y 0-N)

      HB 635 - Governor's amendments # 1-10 agreed to (40-Y 0-N)

      UNCONTESTED CALENDAR

      HOUSE BILLS ON THIRD READING

      Read third time

      HB 106 - committee substitute rejected, passed block vote (40-Y 0-N)

      HB 862 - committee substitute rejected, passed block vote (40-Y 0-N)

      HB 1231A - Whipple floor amendment(s) agreed to, engrossed, passed block vote (40-Y 0-N)

      HB 1425A - passed block vote (40-Y 0-N)

      HB 59 - out of block, passed (38-Y 0-N 1-A)

      REGULAR CALENDAR

      HOUSE BILLS ON THIRD READING

      Read third time

      HB 390A - Wagner floor amendment(s) agreed to, engrossed, passed (20-Y 19-N)

      HB 1430SA - Stolle floor amendment(s) agreed to, engrossed, passed (40-Y 0-N)

      HB 137 - failed to pass (17-Y 21-N)

      HB 430 - Mims floor amendment(s) withdrawn, passed (39-Y 1-N)

      MESSAGE FROM HOUSE: Nominations have been made pursuant to HJR 520

      ELECTION OF CIRCUIT COURT JUDGES, GENERAL DISTRICT COURT JUDGES AND JUVENILE AND DOMESTIC RELATIONS DISTRICT COURT JUDGES

      Circuit Court Judges (40-Y 0-N)

      Fourth Judicial Circuit: Norman Allan Thomas

      Sixth Judicial Circuit: William Allan Sharrett

      Seventh Judicial Circuit: Aundria D. Foster

      Fourteenth Judicial Circuit: Daniel T. Balfour

      Twenty-fifth Judicial Circuit: Michael S. Irvine

      Twenty-eighth Judicial Circuit: Larry B. Kirksey

      Thirty-first Judicial Circuit: Lonnie E. Farris

      General District Court Judges (40-Y 0-N)

      Second Judicial District: Teresa N. McCrimmon

      Fourth Judicial District: James S. Mathews

      Nineteenth Judicial District: Mitchell I. Mutnick

      Twenty-fifth Judicial District: Gordon F. Saunders

      Twenty-seventh Judicial District: Randal J. Duncan

      Thirty-first Judicial District: Craig D. Johnston

      Juvenile and Domestic Relations District Court Judges (40-Y 0-N)

      Second Judicial District: Deborah V. Bryan

      Tenth Judicial District: Marvin H. Dunkum, Jr.

      Fourteenth Judicial District: Stuart L. Williams, Jr.

      Twenty-sixth Judicial District: Elizabeth Kellas

      Reading of report waived (38-Y 0-N)

      CALENDAR (continued)

      HB 751S - passed (27-Y 10-N), passage reconsidered (38-Y 0-N), passed (28-Y 10-N)

      UNCONTESTED CALENDAR

      HOUSE BILL ON SECOND READING

      HB 1489 - read second time, Rules suspended, third constitutional reading dispensed (38-Y 0-N), passed (38-Y 0-N)

      HOUSE JOINT RESOLUTION RECEIVED AND LAID ON THE CLERK'S DESK

      HJR 467 - Rules suspended, taken up for immediate consideration (39-Y 0-N), agreed to

      HJR 519 - Rules suspended, committee discharged, reading waived, taken up for immediate consideration (39-Y 0-N), engrossed, read third time, agreed to (38-Y 0-N)

      CONFEREES APPOINTED

      SB 234 - Senators Quayle, Hanger and Lambert

      SB 271 - Senators Quayle, Howell and Blevins

      SB 543 - Senators Ruff, Reynolds and Hawkins

      SB 561 - Senators Lambert, Watkins and Cuccinelli

      SB 646 - Senators Potts, Howell and Watkins

      On motion of Senator Chichester, the Senate adjourned at 3:55 p.m. to convene Thursday, March 11, 2004, at 11:00 a.m.

      COMMUNICATION FROM HOUSE (HN10310)

      Senate bills with House amendments passed: SB 286, 338, 605

      Senate bills with House substitutes passed: SB 39, 236, 651, 668

      House insisted on its amendment and requested committee of conference: SB 586

      House insisted on its substitute and requested committee of conference: SB 204

      House bills with Senate amendments rejected: HB 1015, 1055, 1419

      House bills with Senate substitutes rejected: HB 511, 557, 624, 745, 817, 846, 1136, 1147

      House bills amended in accordance with recommendations of Governor: HB 877, 878, 879

      Senate joint resolution with House amendment agreed to: SJR 209

      House joint resolution with Senate amendment rejected: HJR 154

      House joint resolution with Senate substitute rejected: HJR 247

      Senate bills passed: SB 31, 32, 61, 174, 677

      House bills with Senate amendments concurred in: HB 250, 253, 360, 380, 402, 453, 471, 504, 538, 667, 734, 993, 1129, 1137, 1146, 1155, 1182, 1205, 1237, 1293, 1346, 1379

      House bills with Senate substitutes concurred in: HB 429, 545, 593, 664, 754, 889, 1130, 1303, 1443

      House bills with Senate substitutes with amendments concurred in: HB 38, 1043, 1357

      Senate joint resolution agreed to: SJR 218

      House joint resolutions with Senate amendments concurred in: HJR 82, 103, 142, 153, 187, 194, 228, 260, 278

      House joint resolutions with Senate substitutes concurred in: HJR 34, 71, 105, 114, 122, 132, 162, 170, 176, 291

      House joint resolution with Senate substitute with amendment concurred in: HJR 185

      Senate bills and joint resolution with House amendments and substitutes placed on Calendar

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


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