Friday, March 13, 1998

Called to order at 10:30 a.m. by Lt. Governor John H. Hager

Prayer offered by The Reverend Gary C. Olson, Bethlehem Lutheran Church, Richmond, Virginia

ROLL CALL OF MEMBERS - quorum present

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

Rules suspended, privilege of the floor given to distinguished visitors (38-Y 0-N)

CALENDAR

BILLS IN CONFERENCE

H.B. 87 - conference report concurred in (40-Y 0-N)

H.B. 260 - conference report concurred in (37-Y 0-N 1-A)

H.B. 335 - conference report concurred in (27-Y 12-N)

H.B. 402 - conference report concurred in (39-Y 1-N)

H.B. 533 - conference report concurred in (40-Y 0-N)

H.B. 626 - conference report concurred in (37-Y 0-N), reconsideration agreed to (40-Y 0-N), concurred in (35-Y 4-N)

H.B. 706 - conference report concurred in (40-Y 0-N)

H.B. 728 - conference report concurred in (39-Y 0-N)

H.B. 735 - conference report concurred in (37-Y 0-N), reconsideration agreed to (39-Y 0-N), concurred in (39-Y 0-N)

H.B. 757 - conference report concurred in (37-Y 2-N)

H.B. 848 - second conference report concurred in (40-Y 0-N)

H.B. 935 - conference report concurred in (40-Y 0-N)

H.B. 1009 - conference report concurred in (39-Y 0-N)

H.B. 1019 - conference report concurred in (40-Y 0-N)

H.B. 1129 - conference report concurred in (40-Y 0-N)

H.B. 1174 - conference report concurred in (40-Y 0-N)

H.B. 1301 - conference report concurred in (40-Y 0-N)

H.B. 1339 - conference report concurred in (40-Y 0-N)

S.B. 126 - conference report concurred in (38-Y 0-N)

S.B. 238 - conference report concurred in (39-Y 0-N)

S.B. 490 - conference report concurred in (39-Y 0-N)

UNFINISHED BUSINESS - HOUSE

H.J.R. 195 - Senate insisted on its substitute and requested committee of conference (voice vote)

H.J.R. 212 - Senate insisted on its substitute and requested committee of conference (voice vote)

H.J.R. 276 - Senate insisted on its substitute and requested committee of conference (voice vote)

UNFINISHED BUSINESS - SENATE

S.J.R. 70 - House amendments concurred in (voice vote)

S.J.R. 91 - House amendments concurred in (voice vote)

S.J.R. 94 - House amendment concurred in (voice vote)

S.J.R. 95 - House amendment concurred in (voice vote)

S.J.R. 97 - House amendment concurred in (voice vote)

S.J.R. 105 - House amendment concurred in (voice vote)

S.J.R. 109 - House substitute concurred in (voice vote)

S.J.R. 115 - House amendments concurred in (voice vote)

S.J.R. 121 - House amendments concurred in (voice vote)

S.J.R. 124 - House substitute concurred in (voice vote)

S.J.R. 152 - House amendments concurred in (voice vote)

S.J.R. 171 - House amendment concurred in (voice vote)

S.J.R. 177 - House substitute concurred in (voice vote)

S.J.R. 182 - House amendment concurred in (voice vote)

S.J.R. 220 - House amendments concurred in (voice vote)

HOUSE BILL WITH GOVERNOR'S AMENDMENTS

H.B. 673 - Governor's amendment concurred in (39-Y 0-N)

On motion of Senator Norment, the Senate recessed at 11:15 a.m. to reconvene at 12:45 p.m.

The Senate reconvened at 12:45 p.m.

COMMUNICATION FROM HOUSE (HN70312) - reading waived (37-Y 0-N)

House joint resolutions agreed to: HJR 431, 433, 434, 435, 436, 438, 439, 440, 442, 443, 444, 445, 446

Senate bills passed: SB 173, 391, 476

House bills with Senate amendments concurred in: HB 18, 36, 127, 161, 219, 232, 233, 262, 313, 318, 373, 374, 409, 427, 431, 490, 511, 517, 530, 542, 571, 575, 594, 620, 647, 665, 667, 705, 764, 783, 792, 794, 809, 820, 872, 904, 925, 939, 940, 946, 951, 952, 957, 991, 1027, 1041, 1073, 1075, 1079, 1106, 1117, 1132, 1133, 1144, 1228, 1278, 1288, 1292, 1294, 1298, 1311, 1335, 1336, 1376, 1413, 1419, 1420

House bills with Senate substitutes concurred in: HB 240, 299, 327, 391, 411, 413, 428, 432, 561, 576, 580, 583, 631, 634, 642, 650, 669, 670, 696, 702, 727, 768, 803, 816, 836, 857, 861, 868, 924, 928, 945, 984,1021,1077, 1147, 1203, 1295, 1372, 1375, 1381, 1405, 1426

House bills with Senate substitutes with amendments concurred in: HB 664, 914, 915, 1154, 1172, 1354, 1378, 1408

Senate joint resolutions agreed to: SJR 1, 2, 3, 4, 19, 35, 45, 52, 58, 59, 61, 63, 68, 69, 71, 77, 84, 85, 86, 88, 99, 100, 101, 102, 103, 104, 106, 108, 110, 111, 112, 113, 116, 119, 120, 122, 123, 125, 126, 127, 128, 140, 151, 153, 154, 156, 157, 158, 159, 160, 164, 165, 170, 173, 180, 187, 189, 190, 193, 200, 227, 228, 236, 238, 239, 240, 241, 242, 243, 244, 245

House joint resolutions with Senate amendments concurred in: HJR 51, 60, 62, 89, 108, 114, 134, 137, 139, 150, 152, 158, 159, 163, 172, 174, 176, 184, 189, 196, 202, 204, 217, 225, 226, 251, 269, 273, 278, 283, 341, 429

House joint resolutions with Senate substitutes concurred in: HJR 107, 145, 153, 165, 215, 272

House joint resolutions laid on Clerk's Desk

MESSAGE FROM HOUSE: House agreed to HJR 449

H.J.R. 449 - Rules suspended, taken up for immediate consideration (38-Y 0-N), agreed to (voice vote)

H.J.R. 430 - Rules suspended, committee discharged, readings waived, taken up for immediate consideration (36-Y 0-N), agreed to (voice vote)

H.J.R. 432 - Rules suspended, committee discharged, readings waived, taken up for immediate consideration (40-Y 0-N), agreed to (voice vote)

S.R. 26 and 27 offered by Senator Holland (consent to introduce 38-Y 0-N)

Resolutions laid on Clerk's Desk under Senate Rules 11(b), (26)g and HJR 12: see March 14 Calendar

MESSAGES FROM HOUSE: House acceded to Senate requests for committees of conference on HJR 195, 212 and 276

CONFEREES APPOINTED

H.J.R. 195 - Senators Houck, Quayle and Reasor

H.J.R. 212 - Senators Houck, Gartlan and Marye

H.J.R. 276 - Senators Houck, Barry and Wampler

S.B. 717 offered by Senator Hawkins (request of Governor)

Bill presented, ordered printed and referred under Senate Rules 11(b), (26)g and HJR 12: see March 14 Calendar

On motion of Senator Norment, the Senate recessed at 2:00 p.m. to reconvene at 3:25 p.m.

The Senate reconvened at 3:25 p.m.

S.J.R. 256 offered by Senator Trumbo (consent to introduce 37-Y 0-N)

Joint resolution presented, ordered printed and referred under Senate Rules 11(b), (26)g and HJR 12

S.J.R. 256 - Rules suspended, committee discharged, readings waived, taken up for immediate consideration (38-Y 0-N), engrossed, agreed to (38-Y 0-N), House informed

S.R. 28, 29 and 30 offered by Senator Gartlan

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

Motion to suspend the Special and Continuing Order until Saturday, March 14 at 12 m. agreed to (39-Y 0-N)

S.B. 718 offered by Senator Williams (request of Governor)

Bill presented, ordered printed and referred under Senate Rules 11(b), (26)g and HJR 12

S.B. 718 - Rules suspended, committee discharged, first constitutional reading dispensed, taken up for immediate consideration (39-Y 0-N), read second time, engrossed, Rules suspended, third constitutional reading dispensed (40-Y 0-N), passed (38-Y 0-N)

On motion of Senator Norment, the Senate recessed at 4:30 p.m. to reconvene Saturday, March 14 at 12 m.

The Senate reconvened at 12 m.

COMMUNICATION FROM HOUSE (HN10313) - reading waived (40-Y 0-N)

Senate bills with conference reports concurred in: SB 126, 490, 705

House bills with conference reports concurred in: HB 735, 935

House bill amended in accordance with recommendation of Governor: HB 352

Senate joint resolution with House substitute with amendments agreed to: SJR 79

House joint resolutions agreed to: HJR 447, 448, 450, 451, 452, 453, 454, 455, 456, 457, 458, 459, 460

House bill with conference report concurred in: HB 277

Senate joint resolutions agreed to: SJR 246, 247, 248, 250, 252, 253, 254, 255

COMMUNICATION FROM HOUSE (HN20313) - reading waived (40-Y 0-N)

Senate bills with conference reports concurred in: SB 354, 687

House bills with conference reports concurred in: HB 260, 272, 626, 627, 706, 1009, 1174

House bill with second conference report concurred in: HB 848

Senate joint resolution agreed to: SJR 234

Senate joint resolutions with House substitute with amendments placed on Calendar

House joint resolutions laid on Clerk's Desk: see March 14 Senate Calendar

COMMUNICATION FROM GOVERNOR - reading waived (39-Y 0-N)

BILL REPORTED

From Finance: SB 717

Motion to suspend the Special and Continuing Order agreed to (39-Y 0-N)

On motion of Senator Norment, the Senate recessed at 12:35 p.m. to reconvene at 2:00 p.m.

The Senate reconvened at 2:00 p.m.

Motion to suspend the Special and Continuing Order agreed to (38-Y 0-N)

S.R. 31 offered by Senator Holland (consent to introduce 39-Y 0-N)

S.R. 32 offered by Senator Lucas (consent to introduce 39-Y 0-N)

Resolutions laid on Clerk's Desk under Senate Rules 11(b), (26)g and HJR 12

Motion by Senator Lambert to offer joint resolution for the election of judges offered

CALENDAR

BILLS IN CONFERENCE

H.B. 108 - conference report concurred in (39-Y 0-N)

H.B. 272 - conference report concurred in (29-Y 0-N 8-A), reconsideration agreed to (39-Y 0-N 1-A), concurred in (25-Y 0-N 11-A), House informed

H.B. 275 - conference report concurred in (40-Y 0-N)

H.B. 277 - conference report concurred in (40-Y 0-N)

H.B. 386 - conference report concurred in (37-Y 3-N)

H.B. 478 - conference report concurred in (32-Y 7-N)

H.B. 799 - conference report concurred in (40-Y 0-N)

H.B. 905 - conference report concurred in (40-Y 0-N)

H.B. 1256 - conference report concurred in (40-Y 0-N)

H.B. 1301 - reconsideration of concurrence agreed to (40-Y 0-N); first conference report rejected (6-Y 32-N); second conferees appointed: Senators Stosch, Lambert and Hawkins; second conference report concurred in (40-Y 0-N)

H.B. 1388 - conference report concurred in (40-Y 0-N)

H.J.R. 195 - conference report concurred in (voice vote)

H.J.R. 212 - conference report concurred in (voice vote)

H.J.R. 276 - conference report concurred in (voice vote)

S.B. 9 - conference report concurred in (39-Y 0-N)

S.B. 22 - conference report concurred in (40-Y 0-N)

S.B. 107 - conference report concurred in (39-Y 0-N)

S.B. 239 - conference report concurred in (39-Y 0-N)

S.B. 273 - conference report concurred in (40-Y 0-N)

S.B. 340 - conference report concurred in (40-Y 0-N)

S.B. 354 - conference report concurred in (35-Y 5-N)

S.B. 419 - conference report concurred in (40-Y 0-N)

S.B. 681 - conference report concurred in (40-Y 0-N)

S.B. 687 - conference report concurred in (40-Y 0-N)

S.B. 705 - conference report concurred in (40-Y 0-N)

UNFINISHED BUSINESS - SENATE

S.J.R. 79 - House substitute with amendments concurred in (voice vote)

SENATE BILLS WITH GOVERNOR'S AMENDMENTS

S.B. 153 - Governor's amendment concurred in (40-Y 0-N)

HOUSE BILLS WITH GOVERNOR'S AMENDMENTS

H.B. 103 - Governor's amendments concurred in (38-Y 0-N)

H.B. 352 - Governor's amendments concurred in (40-Y 0-N)

UNCONTESTED CALENDAR

SENATE BILL ON FIRST READING

S.B. 717 - passed by for day

MEMORIAL RESOLUTIONS

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

H.J.R. 431

H.J.R. 433

H.J.R. 436

H.J.R. 452

H.J.R. 453

H.J.R. 457

H.J.R. 458

H.J.R. 459

H.J.R. 460

S.R. 26

COMMENDING RESOLUTIONS

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

H.J.R. 434

H.J.R. 435

H.J.R. 437

H.J.R. 438

H.J.R. 439

H.J.R. 440

H.J.R. 442

H.J.R. 443

H.J.R. 444

H.J.R. 445

H.J.R. 446

H.J.R. 447

H.J.R. 448

H.J.R. 450

H.J.R. 451

H.J.R. 454

H.J.R. 455

H.J.R. 456

S.R. 27

SUPPLEMENTAL CALENDAR NO. 1

SENATE BILLS WITH GOVERNOR'S AMENDMENTS

S.B. 174 - Governor's recommendation concurred in (40-Y 0-N)

S.B. 224 - Governor's recommendation concurred in (40-Y 0-N)

S.B. 306 - Governor's recommendation concurred in (39-Y 0-N)

S.B. 558 - Governor's recommendation concurred in (40-Y 0-N)

S.B. 577 - Governor's recommendation rejected (5-Y 35-N)

S.B. 606 - Governor's recommendation concurred in (40-Y 0-N)

SENATE BILLS VETOED BY GOVERNOR

S.B. 285 - passed by for day

S.B. 363 - passed by for day

On motion of Senator Norment, the Senate recessed at 5:20 p.m. to reconvene at 6:20 p.m.

The Senate reconvened at 6:20 p.m.

COMMUNICATION FROM HOUSE (HN30313) - reading waived (40-Y 0-N)

Senate bills with conference reports concurred in: SB 9, 22, 107, 238, 239, 273, 340, 419, 681

House bills with conference reports concurred in: HB 87, 108, 275, 1388

COMMUNICATION FROM HOUSE (HN40313) - reading waived (40-Y 0-N)

House bills with conference reports concurred in: HB 335, 386, 402, 478, 533, 543, 728, 757, 799, 837, 845, 905

BILLS IN CONFERENCE

H.B. 543 - conference report concurred in (28-Y 6-N)

H.B. 627 - conference report concurred in (31-Y 1-N)

H.B. 837 - conference report concurred in (31-Y 1-N)

H.B. 845 - conference report concurred in (38-Y 0-N)

S.B. 299 - conference report concurred in (33-Y 5-N)

S.B. 318 - conference report concurred in (30-Y 7-N)

S.B. 480 - conference report concurred in (21-Y 11-N), reconsideration agreed to (32-Y 2-N), concurred in (20-Y 13-N)

MESSAGE FROM HOUSE: House agreed to HJR 465

H.J.R. 465A - Rules suspended, committee discharged, readings waived, taken up for immediate consideration (34-Y 0-N), read third time, Norment floor amendment 1 withdrawn, Norment floor amendment 2 agreed to, engrossed, agreed to (34-Y 0-N), House informed

Prayer offered by The Reverend Graham Lewis, Atlantic Baptist Bible College, Chester, Virginia

On motion of Senator Norment, the Senate recessed at 7:00 p.m. to reconvene 10:00 at p.m.

The Senate reconvened at 10:00 p.m.

COMMUNICATION FROM HOUSE (HN50313) - readings waived (25-Y 2-N)

Senate bills with conference reports concurred in: SB 299, 318

House bills with conference reports concurred in: HB 958, 1256, 1339

House joint resolutions with conference reports concurred in: HJR 195, 212, 276

House bills with conference reports rejected: HB 1129, 1301

MESSAGE FROM HOUSE: House requested second committee of conference on HB1301

BILLS IN CONFERENCE

H.B. 958 - conference report concurred in (34-Y 0-N), reconsideration agreed to (33-Y 0-N), concurred in (30-Y 4-N), House informed

H.B. 1301 - Senate acceded to House request for second committee of conference (34-Y 0-N), reconsideration of concurrence with conference report agreed to (34-Y 0-N), conference report rejected (3-Y 31-N 1-A), House informed

S.B. 557 - conference report concurred in (32-Y 2-N), House informed

S.B. 562 - conference report concurred in (35-Y 0-N), reconsideration agreed to (35-Y 0-N), concurred in (30-Y 5-N), House informed

S.R. 31 - Rules suspended, taken up for immediate consideration (36-Y 0-N), reading waived, agreed to

S.R. 32 - Rules suspended, taken up for immediate consideration (34-Y 0-N), reading waived, agreed to (voice vote)

MESSAGES FROM HOUSE

House agreed to Senate amendment to HJR 465

House agreed to HJR 461 (Election of a Circuit Court Judge, General District Court Judges, Juvenile and Domestic Relations District Court Judges, and Members of the Judicial Inquiry and Review Commission)

On motion of Senator Norment, the Senate recessed at 10:55 p.m. to reconvene at 11:25 p.m.

The Senate reconvened at 11:25 p.m.

S.J.R. 257 offered by Senator Stolle (consent to introduce 36-Y 0-N)

S.J.R. 258 offered by Senator Stolle (consent to introduce 35-Y 1-N)

Joint resolutions presented, ordered printed and referred under Senate Rules 11(b), (26)g and HJR 12

S.J.R. 257 - Rules suspended, committee discharged, readings and engrossment waived, taken up for immediate consideration (35-Y 1-N), agreed to (36-Y 1-N), House informed

S.J.R. 258 - Rules suspended, committee discharged, readings and engrossment waived, taken up for immediate consideration (36-Y 1-N), agreed to (35-Y 1-N), House informed

S.R. 33 offered by Senator Stolle

Resolution presented, ordered printed and referred under Senate Rules 11(b), (26)g and HJR 12

S.R. 33 - motion to suspend the Rules, discharge the committee, waive the readings and engrossment, and take up for immediate consideration rejected (25-Y 10-N, 2/3 of elected members needed)

MESSAGES FROM HOUSE

House amended in accordance with recommendation of Governor HB 344, 384, 678, 865, 889, 1014, 1031 and 1387

House agreed to HJR 462, 463 and 464

House passed HB 1431

Senate passed SB 718

House amended in accordance with recommendation of Governor SB 153, 174, 224, 306, 558 and 606

HOUSE BILLS WITH GOVERNOR'S AMENDMENTS

H.B. 344 - Governor's recommendation concurred in (34-Y 0-N)

H.B. 384 - Governor's recommendation concurred in (32-Y 0-N)

H.B. 678 - Governor's recommendation concurred in (35-Y 0-N)

H.B. 865 - Governor's recommendation concurred in (33-Y 0-N)

H.B. 889 - Governor's recommendation concurred in (34-Y 0-N)

H.B. 1014 - Governor's recommendation concurred in (35-Y 0-N)

H.B. 1031 - Governor's recommendation concurred in (35-Y 0-N)

H.B. 1387 - Governor's recommendation concurred in (35-Y 0-N)

H.J.R. 461 - Rules suspended, taken up for immediate consideration (35-Y 0-N), readings waived, Lambert floor amendment 1 agreed to (18-Y 17-N), Lambert floor amendment 2 offered, reconsideration of adoption of Lambert floor amendment 1 agreed to (38-Y 0-N), Lambert floor amendments 1 , 2 and 3 withdrawn, Trumbo floor amendment 4 rejected (16-Y 21-N), agreed to (38-Y 0-N), House informed

Motion to suspend the Special and Continuing Order agreed to (30-Y 1-N)

S.R. 34, 35, 36 and 37 offered by Senator Gartlan

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

On motion of Senator Norment, the Senate recessed March 15 at 1:15 a.m. to reconvene at 2:10 a.m.

The Senate reconvened at 2:10 a.m.

S.R. 34 - Rules suspended, committee discharged, readings waived, taken up for immediate consideration (33-Y 0-N), Mims floor amendment 1 withdrawn, engrossed, agreed to (voice vote)

S.R. 35 - Rules suspended, committee discharged, readings waived, taken up for immediate consideration (33-Y 0-N), engrossed, agreed to (voice vote)

S.R. 36 - Rules suspended, committee discharged, readings waived, taken up for immediate consideration (32-Y 0-N), engrossed, agreed to (voice vote)

S.R. 37 - Rules suspended, committee discharged, readings waived, taken up for immediate consideration (33-Y 0-N), engrossed, agreed to (voice vote)

House informed that nominations have been made pursuant to HJR 461

MESSAGE FROM HOUSE: Nominations have been made pursuant to HJR 461

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

Circuit Court Judge (33-Y 0-N)

Seventh Judicial Circuit: Edward L. Hubbard

General District Court Judges (33-Y 0-N)

Second Judicial District: Albert Alberi

Tenth Judicial District: Joel C. Cunningham

Tenth Judicial District: Charles H. Warren

Thirteenth Judicial District: Joi Jeter Taylor

Juvenile and Domestic Relations District Court Judges (33-Y 0-N)

Thirteenth Judicial District: Anne B. Holton

Fourteenth Judicial District: Sharon B. Will

Members of the Judicial Inquiry and Review Commission (33-Y 0-N)

James H. Flippen, Jr.

Thomas E. Glascock

Reading of report waived (27-Y 0-N)

MESSAGE FROM HOUSE: House rejected conference report and requested second committee of conference on HB 1019

H.B. 1019 - Senate acceded to House request for second committee of conference (32-Y 0-N), second conferees appointed: Senators Norment, Williams and Martin

UNFINISHED BUSINESS - HOUSE

H.B. 1301 - second conference report concurred in (32-Y 1-N)

MESSAGES FROM HOUSE

House agreed to SJR 257

House agreed to SJR 258 with amendment

House concurred in conference reports on SB 480, 557 and 562

S.J.R. 258 - House amendment rejected (0-Y 33-N)

On motion of Senator Norment, the Senate adjourned at 2:40 a.m. to convene Monday, March 16 at 2:00 p.m.

Key: A = amendment(s); S = substitute; SA = substitute with amendment(s)


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