Minute Book
2005 SESSION                           SENATE OF VIRGINIA
TIMOTHY M. KAINE, PRESIDENT OF THE SENATE
SUSAN CLARKE SCHAAR, CLERK
Thursday, February 24, 2005


Called to order at 10:00 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 Church, King William, Virginia

ROLL CALL OF MEMBERS: quorum present

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

COMMUNICATION FROM HOUSE (HN10224): reading waived (40-Y 0-N)
House insisted on its amendments and requested committees of conference: SB 934, 1346
House insisted on its amendments # 2, 3 and 4 and requested committee of conference: SB 966
House insisted on its substitutes and requested committees of conference: SB 817, 1143, 1189, 1323, 1324
House acceded to Senate request for committees of conference: HB 1586, 1682, 1948, 1977, 2078, 2459, 2645, 2686, 2732, 2771, 2851
House acceded to Senate request for committee of conference: HJR 586

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

SR 41 - offered by Senator Marsh

Joint resolution laid on Clerk’s Desk under Senate Rules 11(b), (26)g and HJR 543: see February 25 Senate Calendar

CALENDAR

BILLS IN CONFERENCE
HB 1787 - conference report agreed to (39-Y 0-N)
HB 2664 - conference report agreed to (37-Y 3-N)
HB 2837 - conference report agreed to (39-Y 0-N)

UNFINISHED BUSINESS - HOUSE
HB 1666 - Senate receded from its amendment(s) (40-Y 0-N)
HB 1769 - Senate insisted on its amendment(s) and requested committee of conference (38-Y 0-N)
HB 1798 - Senate insisted on its amendment(s) and requested committee of conference (40-Y 0-N)
HB 1921 - Senate insisted on its amendment(s) and requested committee of conference (39-Y 0-N)
HB 2455 - Senate insisted on its substitute and requested committee of conference (40-Y 0-N)
HB 2510 - Senate insisted on its amendment(s) and requested committee of conference (40-Y 0-N)
HB 2564 - Senate insisted on its amendment(s) and requested committee of conference (40-Y 0-N)
HB 2598 - Senate insisted on its amendment(s) and requested committee of conference (40-Y 0-N)
HB 2649 - Senate insisted on its substitute and requested committee of conference (40-Y 0-N)
HB 2777 - Senate insisted on its substitute with amendment(s) and requested committee of conference (40-Y 0-N)
HB 2796 - Senate insisted on its substitute and requested committee of conference (40-Y 0-N)
HB 2800 - Senate insisted on its amendment(s) and requested committee of conference (40-Y 0-N)
HB 2810 - Senate receded from its amendment(s) (40-Y 0-N)
HB 2881 - Senate insisted on its substitute with amendment(s) and requested committee of conference (40-Y 0-N)

UNFINISHED BUSINESS - SENATE
SB 695 - House substitute agreed to (38-Y 0-N)
SB 723 - House substitute agreed to (40-Y 0-N)
SB 843 - House substitute rejected (3-Y 37-N)
SB 851 - House substitute agreed to (40-Y 0-N)
SB 873 - House amendment(s) agreed to (39-Y 0-N)
SB 891 - House amendment(s) agreed to (40-Y 0-N)
SB 912 - House amendment(s) agreed to (40-Y 0-N)
SB 940 - House substitute rejected (2-Y 38-N)
SB 949 - House substitute agreed to (28-Y 12-N)
SB 1001 - House amendment(s) agreed to (40-Y 0-N)
SB 1019 - House substitute agreed to (38-Y 0-N)
SB 1040 - House substitute agreed to (40-Y 0-N)
SB 1047 - House amendment(s) agreed to (39-Y 0-N)
SB 1051 - House substitute agreed to (38-Y 0-N), reconsidered (40-Y 0-N), House substitute agreed to (40-Y 0-N)
SB 1054 - House substitute agreed to (40-Y 0-N)
SB 1057 - House amendment(s) agreed to (39-Y 0-N)
SB 1075 - House substitute rejected (1-Y 39-N)
SB 1121 - House substitute agreed to (40-Y 0-N)
SB 1123 - House amendment(s) agreed to (40-Y 0-N)
SB 1149 - House substitute agreed to (39-Y 0-N)
SB 1150 - House substitute agreed to (40-Y 0-N)
SB 1158 - House amendment(s) rejected (7-Y 33-N)
SB 1159 - House substitute rejected (1-Y 37-N 1-A)
SB 1163 - House amendment(s) agreed to (40-Y 0-N)
SB 1217 - House substitute agreed to (40-Y 0-N)
SB 1225 - House substitute agreed to (40-Y 0-N)
SB 1260 - House amendment(s) agreed to (40-Y 0-N)
SB 1298 - House substitute with amendment(s) rejected (3-Y 37-N)
SB 1342 - House amendment(s) agreed to (40-Y 0-N)
SB 810 - Senate acceded to House request for committee of conference (40-Y 0-N)
SB 875 - Senate acceded to House request for committee of conference (40-Y 0-N)
SB 1235 - Senate acceded to House request for committee of conference (40-Y 0-N)
SB 817 - Senate acceded to House request for committee of conference (39-Y 0-N)
SB 934 - Senate acceded to House request for committee of conference (40-Y 0-N)
SB 966 - Senate acceded to House request for committee of conference (39-Y 0-N 1-A)
SB 1143 - Senate acceded to House request for committee of conference (40-Y 0-N)
SB 1189 - Senate acceded to House request for committee of conference (40-Y 0-N)
SB 1323 - Senate acceded to House request for committee of conference (40-Y 0-N)
SB 1324 - Senate acceded to House request for committee of conference (39-Y 0-N)
SB 1346 - Senate acceded to House request for committee of conference (40-Y 0-N)

UNCONTESTED CALENDAR
HOUSE BILLS ON THIRD READING
Read third time
HB 1656 - passed (25-Y 15-N)
HB 2586A - committee amendment #1 agreed to, amendment #2 rejected, engrossed, passed (40-Y 0-N)

REGULAR CALENDAR
HOUSE BILLS ON THIRD READING
Read third time
HB 1546 - passed (40-Y 0-N)
HB 2776A - engrossed, passed (38-Y 2-N)
HB 2255S - committee substitute agreed to, Mims floor amendment #1 withdrawn, pending question ordered (39-Y 0-N), Mims floor amendment #2 rejected, engrossed, passed (37-Y 3-N), passage reconsidered (39-Y 0-N), passed (35-Y 5-N)
HB 2638S - Stolle floor amendment(s) withdrawn, Stolle floor substitute agreed to, engrossed, passed (36-Y 2-N)
HB 2056A - committee amendment(s) agreed to, rereferred to Courts of Justice

SR 42 - offered by Senator Lucas

Joint resolution laid on Clerk’s Desk under Senate Rules 11(b), (26)g and HJR 543: see February 25 Senate Calendar

On motion of Senator Norment, the Senate recessed at 11:30 a.m. to reconvene at 11:55 a.m.
The Senate reconvened at 11:55 a.m.

CALENDAR (continued)

UNCONTESTED CALENDAR
HOUSE JOINT RESOLUTIONS ON THIRD READING
Read third time
HJR 526 - agreed to block vote (voice vote)
HJR 573 - agreed to block vote (voice vote)
HJR 574 - agreed to block vote (voice vote)
HJR 588S - committee substitute agreed to, engrossed, agreed to block vote (voice vote)
HJR 598 - agreed to block vote (voice vote)
HJR 605A - committee amendment(s) agreed to, engrossed, agreed to block vote (voice vote)
HJR 625A - committee amendment(s) agreed to, engrossed, agreed to block vote (voice vote)
HJR 643A - Norment floor amendment(s) agreed to, engrossed, agreed to block vote (voice vote)
HJR 646 - agreed to block vote (voice vote)
HJR 656 - agreed to block vote (voice vote)
HJR 657 - agreed to block vote (voice vote)
HJR 664 - agreed to block vote (voice vote)
HJR 667 - agreed to block vote (voice vote)
HJR 668A - committee amendment(s) agreed to, engrossed, agreed to block vote (voice vote)
HJR 669 - agreed to block vote (voice vote)
HJR 685S - committee substitute agreed to, engrossed, agreed to block vote (voice vote)
HJR 686 - agreed to block vote (voice vote)
HJR 688 - agreed to block vote (voice vote)
HJR 689A - committee amendment(s) agreed to, engrossed, agreed to block vote (voice vote)
HJR 701 - agreed to block vote (voice vote)
HJR 702 - agreed to block vote (voice vote)
HJR 704S - committee substitute agreed to, engrossed, agreed to block vote (voice vote)
HJR 706A - committee amendment(s) agreed to, engrossed, agreed to block vote (voice vote)
HJR 707 - agreed to block vote (voice vote)
HJR 709A - committee amendment(s) agreed to, engrossed, agreed to block vote (voice vote)
HJR 710 - agreed to block vote (voice vote)
HJR 711 - agreed to block vote (voice vote)
HJR 713 - agreed to block vote (voice vote)
HJR 742S - committee substitute agreed to, engrossed, agreed to block vote (voice vote)
HJR 747 - agreed to block vote (voice vote)
HJR 750 - agreed to block vote (voice vote)
HJR 768A - committee amendment(s) agreed to, engrossed, agreed to block vote (voice vote)
HJR 789 - agreed to block vote (voice vote)
HJR 790S - committee substitute agreed to, engrossed, agreed to block vote (voice vote)
HJR 817S - committee substitute agreed to, engrossed, agreed to block vote (voice vote)
HJR 818 - agreed to block vote (voice vote)
HJR 819 - agreed to block vote (voice vote)
HJR 821 - agreed to block vote (voice vote)
HJR 850 - agreed to block vote (voice vote)
HJR 640S - committee amendment(s) agreed to, out of block, reconsideration of adoption of committee amendment(s) agreed to (40-Y 0-N), committee amendment(s) rejected, Stosch floor substitute agreed to, engrossed, agreed to (voice vote)
HJR 757 - out of block, agreed to (39-Y 0-N)

REGULAR CALENDAR
HOUSE JOINT RESOLUTIONS ON THIRD READING
Read third time
HJR 551 - agreed to (voice vote)
HJR 679 - rejected (voice vote)
HJR 770 - agreed to (25-Y 14-N)

MEMORIAL RESOLUTIONS
HJR 924 - agreed to block vote
HJR 925 - agreed to block vote
HJR 932 - agreed to block vote
HJR 933 - agreed to block vote
HJR 934 - agreed to block vote
HJR 938 - agreed to block vote
HJR 939 - agreed to block vote
HJR 945 - agreed to block vote
HJR 946 - agreed to block vote
HJR 947 - agreed to block vote
HJR 948 - agreed to block vote
HJR 952 - agreed to block vote
HJR 953 - agreed to block vote
HJR 954 - agreed to block vote
HJR 955 - agreed to block vote
HJR 956 - agreed to block vote
HJR 957 - agreed to block vote
SJR 520 - agreed to block vote
SJR 521 - agreed to block vote
SJR 522 - agreed to block vote
SJR 524 - agreed to block vote
SJR 530 - agreed to block vote
SJR 531 - agreed to block vote
SJR 532 - agreed to block vote
SJR 533 - agreed to block vote
SJR 536 - agreed to block vote
SJR 537 - agreed to block vote
SR 27 - agreed to block vote
SR 33 - agreed to block vote
SR 34 - agreed to block vote
SR 35 - agreed to block vote
SR 36 - agreed to block vote
SR 37 - agreed to block vote
SR 38 - agreed to block vote
SJR 523 - out of block, agreed to

COMMENDING RESOLUTIONS
HJR 927 - agreed to block vote (voice vote)
HJR 930 - agreed to block vote (voice vote)
HJR 931 - agreed to block vote (voice vote)
HJR 935 - agreed to block vote (voice vote)
HJR 936 - agreed to block vote (voice vote)
HJR 940 - agreed to block vote (voice vote)
HJR 941 - agreed to block vote (voice vote)
HJR 942 - agreed to block vote (voice vote)
HJR 943 - agreed to block vote (voice vote)
HJR 951 - agreed to block vote (voice vote)
HJR 958 - agreed to block vote (voice vote)
SJR 525 - agreed to block vote (voice vote)
SJR 526 - agreed to block vote (voice vote)
SJR 527 - agreed to block vote (voice vote)
SJR 528 - agreed to block vote (voice vote)
SJR 529 - agreed to block vote (voice vote)
SJR 534 - agreed to block vote (voice vote)
SJR 535 - agreed to block vote (voice vote)
SJR 538 - agreed to block vote (voice vote)
SJR 539 - agreed to block vote (voice vote)
SJR 540 - agreed to block vote (voice vote)

SR 41 - Rules suspended, taken up for immediate consideration (40-Y 0-N), agreed to (voice vote)

COMMUNICATION FROM HOUSE (HN20224): reading waived (40-Y 0-N)
Senate bills with House amendments passed: SB 819, 1013, 1070, 1141, 1320
Senate bills with House substitutes passed: SB 992, 1089, 1090, 1115, 1156, 1177, 1288
COMMUNICATION FROM HOUSE (HN30224): reading waived (40-Y 0-N)
House bills with Senate amendments rejected: HB 1741, 2395
House bill with Senate substitute ruled not germane: HB 1576
House bills with Senate substitutes rejected: HB 1505, 1851, 1983, 1997, 2288, 2836
COMMUNICATION FROM HOUSE (HN40224): reading waived (40-Y 0-N)
Senate joint resolutions with House amendments agreed to: SJR 308, 330, 352, 363
Senate joint resolutions with House substitutes agreed to: SJR 282, 324, 337, 382, 394
House joint resolution agreed to: HJR 937

CONFEREES APPOINTED
SB 817 - Senators Hawkins, Potts and Howell
SB 934 - Senators Stosch, Obenshain and Locke
SB 966 - Senators O'Brien, Mims and Puckett
SB 1143 - Senators Hanger, O'Brien and Lambert
SB 1189 - Senators Locke, Obenshain and Watkins
SB 1323 - Senators Bolling, Saslaw and Devolites Davis
SB 1324 - Senators Saslaw, Stolle and Potts
SB 1346 - Senators Martin, Bell and Locke
HB 1586 - Senators Williams, Wagner and Newman
HB 1682 - Senators Potts, Quayle and Howell
HB 1948 - Senators Watkins, Obenshain and O'Brien
HB 1977 - Senators Mims, Obenshain and Edwards
HB 2078 - Senators Whipple, Hanger and Reynolds
HB 2459 - Senators Hanger, Watkins and Howell
HB 2645 - Senators Ruff, Watkins and Deeds
HB 2686 - Senators Watkins, Hawkins and Lambert
HB 2732 - Senators Watkins, Norment and Howell
HB 2771 - Senators Saslaw, Stolle and Potts
HB 2851 - Senators Hanger, Watkins and Devolites Davis
HJR 586 - Senators Martin, Newman and O'Brien

COMMUNICATION FROM HOUSE (HN50224): reading waived (37-Y 0-N)
Senate bills passed: SB 756, 1170, 1279, 1294, 1338
Senate joint resolutions agreed to: SJR 273, 275, 319, 320, 331, 335, 336, 339, 360, 361, 367, 371, 376, 380, 388, 393, 403, 406, 428, 451

On motion of Senator Norment, the Senate recessed at 2:40 p.m. to reconvene at 5:10 p.m.
The Senate reconvened at 5:10 p.m.

SR 43 - offered by Senator Stolle

Joint resolution laid on Clerk’s Desk under Senate Rules 11(b), (26)g and HJR 543: see February 25 Senate Calendar

SUPPLEMENTAL CALENDAR NO. 1

UNFINISHED BUSINESS - HOUSE
HB 1505 - Senate insisted on its substitute and requested committee of conference (39-Y 0-N)
HB 1741 - Senate insisted on its amendment(s) and requested committee of conference (39-Y 0-N)
HB 1851 - Senate insisted on its substitute and requested committee of conference (39-Y 0-N)
HB 1983 - Senate insisted on its substitute and requested committee of conference (39-Y 0-N)
HB 1997 - Senate insisted on its substitute and requested committee of conference (39-Y 0-N)
HB 2288 - Senate insisted on its substitute and requested committee of conference (40-Y 0-N)
HB 2395 - Senate insisted on its amendment(s) and requested committee of conference (39-Y 0-N)
HB 2836 - Senate insisted on its substitute and requested committee of conference (40-Y 0-N)

UNFINISHED BUSINESS - SENATE
SB 819 - House amendment(s) agreed to (39-Y 0-N 1-A)
SB 992 - House substitute agreed to (40-Y 0-N)
SB 1013 - House amendment(s) agreed to (39-Y 0-N)
SB 1070 - House amendment(s) agreed to (40-Y 0-N)
SB 1089 - House substitute agreed to (33-Y 6-N)
SB 1090 - House substitute agreed to (40-Y 0-N)
SB 1115 - House substitute rejected (1-Y 39-N)
SB 1141 - House amendment(s) agreed to (38-Y 0-N)
SB 1156 - House substitute agreed to (21-Y 17-N), reconsidered (40-Y 0-N), agreed to (25-Y 14-N)
SB 1177 - House substitute rejected (6-Y 33-N), reconsidered (40-Y 0-N), rejected (0-Y 40-N)
SB 1288 - House substitute agreed to (37-Y 0-N)
SB 1320 - House amendment(s) agreed to (39-Y 0-N), reconsidered (40-Y 0-N), agreed to (40-Y 0-N)

SUPPLEMENTAL CALENDAR NO. 2

UNFINISHED BUSINESS - HOUSE
HB 1576 - returned to House (Chair ruled bill not properly before Senate)

COMMUNICATION FROM HOUSE (HN60224): reading waived (39-Y 0-N)
House insisted on its amendment and requested committee of conference: SB 1158
House insisted on its substitutes and requested committees of conference: SB 843, 940, 1075
House insisted on its substitute with amendment and requested committee of conference: SB 1298
House bill with Senate substitute rejected: HB 2638
House acceded to Senate request for committees of conference: HB 1769, 1798, 1921, 2455, 2510, 2564, 2598, 2649, 2777, 2796, 2800, 2881
House bills with conference reports concurred in: HB 1787, 2664, 2837

UNFINISHED BUSINESS - HOUSE
HB 2638 - Senate insisted on its substitute and requested committee of conference (39-Y 0-N)

UNFINISHED BUSINESS - SENATE
SB 843 - Senate acceded to House request for committee of conference (40-Y 0-N)
SB 940 - Senate acceded to House request for committee of conference (39-Y 0-N 1-A)
SB 1075 - Senate acceded to House request for committee of conference (40-Y 0-N)
SB 1158 - Senate acceded to House request for committee of conference (40-Y 0-N)
SB 1298 - Senate acceded to House request for committee of conference (40-Y 0-N)

CONFEREES APPOINTED
SB 810 - Senators Williams, Quayle and Hanger
SB 875 - Senators Williams, Deeds and Wagner
SB 1235 - Senators Quayle, Hanger and Howell
HB 1769 - Senators Potts, Houck and Quayle
HB 1798 - Senators Hanger, Lambert and O'Brien
HB 1921 - Senators Devolites Davis, Bolling and Ruff
HB 2455 - Senators Watkins, Hawkins and Stolle
HB 2510 - Senators Watkins, Devolites Davis and Locke
HB 2564 - Senators Rerras, Howell and Puller
HB 2598 - Senators Martin, Edwards and Bell
HB 2649 - Senators Stolle, Quayle and Norment
HB 2777 - Senators Quayle, Williams and Whipple
HB 2796 - Senators Mims, Ruff and Whipple
HB 2800 - Senators Watkins, Locke and Obenshain
HB 2881 - Senators Quayle, Whipple and Martin

COMMUNICATION FROM HOUSE (HN70224): reading waived (39-Y 0-N)
House insisted on its substitutes and requested committees of conference: SB 1115, 1177
House acceded to Senate request for committees of conference: HB 1505, 1741, 1851, 1983, 1997, 2288, 2395, 2638, 2836
House receded from its substitute: SB 1159

UNFINISHED BUSINESS - SENATE
SB 1115 - Senate acceded to House request for committee of conference (40-Y 0-N)
SB 1177 - Senate acceded to House request for committee of conference (40-Y 0-N)

CONFEREES APPOINTED
SB 843 - Senators Deeds, Mims and Howell
SB 940 - Senators Puckett, Reynolds and Obenshain
SB 1075 - Senators Ticer, Whipple and Obenshain
SB 1115 - Senators Norment, Stolle and Williams
SB 1158 - Senators Stolle, Norment and Puller
SB 1177 - Senators Obenshain, Cuccinelli and Edwards
SB 1298 - Senators Wampler, Puckett and Ruff
HB 1505 - Senators Bolling, Saslaw and Devolites Davis
HB 1741 - Senators Stolle, Quayle and Saslaw
HB 1851 - Senators Whipple, Newman and Obenshain
HB 1983 - Senators Wagner, Newman and Deeds
HB 1997 - Senators Stolle, Blevins and Marsh
HB 2288 - Senators Rerras, Stolle and Saslaw
HB 2395 - Senators Obenshain, Puckett and Wampler
HB 2638 - Senators Stolle, Williams and Saslaw
HB 2836 - Senators Mims, Obenshain and Lucas

On motion of Senator Norment, the Senate adjourned at 6:39 p.m. to convene Friday, February 25, 2005, at 12m.


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