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2005 SESSION

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Virginia House of Delegates
2005 Regular Session
House Minutes
William J. Howell, Speaker
Bruce F. Jamerson, Clerk
Wednesday, February 23, 2005

Called to order at 10:00 a.m. by William J. Howell, Speaker

Mace placed on Speaker's table by Sergeant at Arms

Prayer offered by The Reverend Paul S. Pleasants, Pastor, Calvary Baptist Church, Saluda

Delegate Griffith led the House in the Pledge of Allegiance to the Flag of the United States of America
Attendance roll call - Quorum present

Leave of Absence granted: Delegate Van Landingham

Journal for Tuesday, February 22, 2005, approved by the Speaker


HBs 2245, 2837 - House accedes to Senate request for Committees of Conference

SBs 810, 875, 1235 - House insists on its substitutes and requests Committees of Conference

HB 2245 - Conferees appointed: Bell, Hurt, Ware of Roanoke City

HB 2837 - Conferees appointed: Sherwood, Landes, Stump

SB 1260 - Rereferral to Committee for Courts of Justice reconsidered

Resolutions presented and laid on Speaker's table pursuant to House Rule 39(a)

Motion by Delegate Griffith to recess agreed to

House recessed at 10:26 a.m. until 11:00 a.m.

House reconvened at 11:00 a.m.

CALENDAR

SENATE BILLS READ THIRD TIME
UNCONTESTED CALENDAR
SB 916 - Passed Block Vote (Y-98 N-0)
SB 695S - Committee substitute agreed to, Passed Block Vote (Y-98 N-0)
SB 723S - Committee substitute agreed to, Passed Block Vote (Y-98 N-0)
SB 790 - Passed Block Vote (Y-98 N-0)
SB 801 - Passed Block Vote (Y-98 N-0)
SB 832 - Passed Block Vote (Y-98 N-0)
SB 843S - Committee substitute agreed to, Passed Block Vote (Y-98 N-0)
SB 844 - Passed Block Vote (Y-98 N-0)
SB 851S - Committee substitute agreed to, Passed Block Vote (Y-98 N-0)
SB 854 - Passed Block Vote (Y-98 N-0)
SB 888 - Passed Block Vote (Y-98 N-0)
SB 896 - Passed Block Vote (Y-98 N-0)
SB 902 - Moved to Regular Calendar
SB 940S - Committee substitute agreed to, Passed Block Vote (Y-98 N-0)
SB 1001A - Committee amendment agreed to, Passed Block Vote (Y-98 N-0)
SB 1002 - Passed Block Vote (Y-98 N-0)
SB 1015 - Passed Block Vote (Y-98 N-0)
SB 1018 - Passed Block Vote (Y-98 N-0)
SB 1019S - Committee substitute agreed to, Passed Block Vote (Y-98 N-0)
SB 1040S - Committee substitute agreed to, Passed Block Vote (Y-98 N-0)
SB 1051S - Committee substitute agreed to, Passed Block Vote (Y-98 N-0)
SB 1052 - Passed Block Vote (Y-98 N-0)
SB 1087 - Passed Block Vote (Y-98 N-0)
SB 1093 - Passed Block Vote (Y-98 N-0)
SB 1121S - Committee substitute agreed to, Moved to Regular Calendar
SB 1147 - Passed Block Vote (Y-98 N-0)
SB 1149S - Committee substitute agreed to, Passed Block Vote (Y-98 N-0)
SB 1154 - Moved to Regular Calendar
SB 1158A - Committee amendment agreed to, Passed Block Vote (Y-98 N-0)
SB 1163A - Committee amendments agreed to, Passed Block Vote (Y-98 N-0)
SB 1165 - Moved to Regular Calendar
SB 1167 - Moved to Regular Calendar
SB 1168 - Moved to Regular Calendar
SB 1217S - Committee substitute agreed to, Passed Block Vote (Y-98 N-0)
SB 1225S - Committee substitute agreed to, Passed Block Vote (Y-98 N-0)
SB 1273 - Committee substitute rejected, Passed Block Vote (Y-98 N-0)
SB 1279 - Passed by for the day
SB 1300 - Moved to Regular Calendar
SB 1312 - Passed Block Vote (Y-98 N-0)
SB 1341 - Moved to Regular Calendar

HJR 1019 (Election of Circuit Court Judges, General District Court Judges, Juvenile and Domestic Relations District Court Judges, and members of the Judicial Inquiry and Review Commission) offered by Delegate Kilgore and agreed to (Y-98 N-0)

Message from Senate: HJR 1019 agreed to

HR 43 (Nominating persons to be elected to circuit court judgeships) offered by Delegate Kilgore and agreed to

HR 44 (Nominating persons to be elected to general district court judgeships) offered by Delegate Kilgore and agreed to

HR 45 (Nominating persons to be elected to juvenile and domestic relations district court judgeships) offered by Delegate Kilgore and agreed to

HR 46 (Nominating persons to be elected as members of the Judicial Inquiry and Review Commission) offered by Delegate Kilgore and agreed to

Message from Senate: Nominations made for certain judicial offices of the Commonwealth

Message from Senate: Further nominations made for certain judicial offices of the Commonwealth

Election of Circuit Court Judges
Randall D. Smith, First Judicial Circuit
J. Martin Bass, Fifteenth Judicial Circuit
H. Harrison Braxton, Jr., Fifteenth Judicial Circuit
George Mason, III, Fifteenth Judicial Circuit
Lisa Kemler, Eighteenth Judicial Circuit
G. Carter Greer, Twenty-first Judicial Circuit
David A. Melesco, Twenty-second Judicial Circuit
Isaac St. C. Freeman, Twenty-eighth Judicial Circuit
Teresa M. Chafin, Twenty-ninth Judicial Circuit
Tammy S. McElyea, Thirtieth Judicial Circuit

Election of General District Court Judges
Calvin R. DePew, Jr., Second Judicial District
John Marshall, Fourteenth Judicial District
James S. Yoffy, Fourteenth Judicial District
Frank L. Benser, Fifteenth Judicial District
J. Overton Harris, Fifteenth Judicial District
Gordon A. Wilkins, Fifteenth Judicial District
Edwin A. Gendron, Jr., Twenty-first Judicial District
M. Frederick King, Twenty-third Judicial District
Jack S. Hurley, Jr., Twenty-ninth Judicial District

Election of Juvenile and Domestic Relations District Court Judges
Gerrit W. Benson, Second Judicial District
Julian W. Johnson, Fifteenth Judicial District
Gerald F. Daltan, Fifteenth Judicial District
Constance Frogale, Eighteenth Judicial District
Pamela L. Grizzle, Twentieth Judicial District
Marcus H. Long, Jr., Twenty-seventh Judicial District
M. Keith Blankenship, Twenty-seventh Judicial District
Henry A. Barringer, Twenty-ninth Judicial District

Election of Judicial Inquiry and Review Commission Members
Leroy F. Millette, Jr.
Olivia A. Welsh

CALENDAR CONTINUED

SENATE BILLS READ THIRD TIME
REGULAR CALENDAR
SB 1216S - Defeated (Y-59 N-33) [requires 66 affirmative votes]
SB 1054S - Committee substitute agreed to, Delegate Morgan floor amendments rejected, Passed (Y-54 N-43)
SB 949S - Motion to rerefer to Committee on Education rejected (Y-38 N-59), Committee substitute agreed to, Passed (Y-63 N-35)
SB 1057A - Delegate Morgan floor amendments rejected, Delegate Wardrup floor amendment agreed to, Passed (Y-90 N-8)
SB 868S - Committee substitute agreed to, Defeated (Y-59 N-35) [requires 66 affirmative votes], Reconsidered, Passed by for the day
SB 873A - Committee amendment agreed to, Passed (Y-90 N-6)
SB 947 - Defeated (Y-42 N-51)
SB 1047A - Delegate Nixon floor amendment reconsidered, Delegate Nixon floor amendment rejected, Passed (Y-79 N-17), Reconsidered, Passed (Y-87 N-11)
SB 1075S - Delegate Reese floor substitute agreed to, Passed (Y-76 N-17)
SB 1298SA - Delegate Griffith floor substitute agreed to, Delegate Athey floor amendment agreed to (Y-53 N-40), Passed (Y-80 N-17)
SB 1338 - Passed by for the day
SB 923 - Passed (Y-95 N-0)
SB 1115A - Passed by for the day
SB 1159S - Committee amendments agreed to, Delegate Marshall of Prince William floor substitute agreed to, Passed (Y-94 N-0)
SB 891A - Committee amendment agreed to, Passed (Y-93 N-4)
SB 912A - Committee amendments agreed to, Passed (Y-94 N-2)
SB 1102 - Defeated (Y-58 N-38) [requires 66 affirmative votes]
SB 1118 - Passed (Y-67 N-29)
SB 1123A - Committee amendments agreed to, Passed (Y-95 N-1)
SB 1150S - Committee substitute agreed to, Passed (Y-97 N-0)
SB 1274 - Passed (Y-92 N-4)
SB 1342A - Delegate Bell floor amendment agreed to, Passed (Y-90 N-5)
SB 1260A - Delegate Kilgore floor amendments agreed to, Passed (Y-95 N-0)
SB 902 - Passed (Y-94 N-1)
SB 1121S - Passed (Y-93 N-1)
SB 1154 - Passed (Y-91 N-3)
SB 1165 - Passed (Y-93 N-1)
SB 1167 - Passed (Y-92 N-4)
SB 1168 - Passed (Y-95 N-1)
SB 1300 - Passed by for the day
SB 1341 - Passed (Y-79 N-17)

HOUSE BILLS WITH SENATE AMENDMENTS
HB 2810 - Senate amendment rejected (Y-0 N-96)
HB 1851 - Passed by for the day
HB 2455 - Senate substitute rejected (Y-5 N-92)
HB 2564 - Senate amendments rejected (Y-0 N-95)
HB 2625 - Senate amendments agreed to (Y-97 N-1)
HB 1518 - Senate substitute agreed to (Y-95 N-2)
HB 1666 - Senate amendment rejected (Y-28 N-69)
HB 1896 - Senate substitute agreed to (Y-90 N-7)
HB 1921 - Senate amendment rejected (Y-1 N-95)
HB 2036 - Senate amendment agreed to (Y-95 N-0)
HB 2051 - Senate amendment agreed to (Y-96 N-0)
HB 2052 - Senate amendment agreed to (Y-98 N-0)
HB 2118 - Senate substitute agreed to (Y-97 N-0)
HB 2168 - Senate amendment agreed to (Y-97 N-0)
HB 2216 - Senate substitute agreed to (Y-98 N-0)
HB 2247 - Senate amendment agreed to (Y-98 N-0)
HB 2248 - Senate substitute agreed to (Y-97 N-0)
HB 2267 - Senate amendments agreed to (Y-98 N-0)
HB 2316 - Senate substitute agreed to (Y-93 N-4)
HB 2318 - Senate amendments agreed to (Y-95 N-1)
HB 2384 - Senate amendments agreed to (Y-95 N-0)
HB 2451 - Senate substitute agreed to (Y-97 N-0)
HB 2454 - Senate amendment agreed to (Y-90 N-6)
HB 2461 - Senate substitute agreed to (Y-96 N-0)
HB 2471 - Senate amendments agreed to (Y-98 N-0)
HB 2623 - Senate substitute agreed to (Y-96 N-0)
HB 2655 - Senate substitute agreed to (Y-98 N-0)
HB 2656 - Senate amendment agreed to (Y-97 N-0)
HB 2663 - Senate amendment agreed to (Y-97 N-0)
HB 2777 - Senate substitute with amendments rejected (Y-3 N-94)
HB 2796 - Senate substitute rejected (Y-11 N-85)
HB 2800 - Senate amendment rejected (Y-2 N-96)
HB 2804 - Senate amendment agreed to (Y-96 N-2)
HB 2808 - Senate amendment agreed to (Y-96 N-2)
HB 2836 - Senate substitute agreed to (Y-92 N-2), Reconsidered, Passed by for the day
HB 2881 - Senate substitute with amendment rejected (Y-3 N-93)
HB 2930 - Senate amendment agreed to (Y-98 N-0)

RESOLUTIONS
UNCONTESTED CALENDAR
SJR 282S - Passed by for the day
SJR 319 - Passed by for the day
SJR 320 - Passed by for the day
SJR 324S - Passed by for the day
SJR 330A - Passed by for the day
SJR 335 - Passed by for the day
SJR 352A - Passed by for the day
SJR 360 - Passed by for the day
SJR 361 - Passed by for the day
SJR 363A - Passed by for the day
SJR 367 - Passed by for the day
SJR 371 - Passed by for the day
SJR 380 - Passed by for the day
SJR 382S - Passed by for the day
SJR 388 - Passed by for the day
SJR 393 - Passed by for the day
SJR 394S - Passed by for the day
SJR 403 - Passed by for the day
SJR 406 - Passed by for the day
SJR 428 - Passed by for the day
SJR 451 - Passed by for the day
SJR 308A - Passed by for the day

RESOLUTIONS
REGULAR CALENDAR
SJR 336 - Passed by for the day
SJR 331 - Passed by for the day
SJR 376 - Passed by for the day
SJR 273 - Passed by for the day
SJR 275 - Passed by for the day
SJR 337S - Passed by for the day
SJR 339 - Passed by for the day
HJR 937 - Passed by for the day
HR 40 - Passed by for the day

SENATE BILLS READ SECOND TIME
UNCONTESTED CALENDAR
SB 756
SB 1013A
SB 1070A
SB 1090S
SB 1141A
SB 1156S
SB 1170
SB 1294
SB 1320A

SENATE BILLS READ SECOND TIME
REGULAR CALENDAR
SB 819A
SB 992S
SB 1089S
SB 1177S
SB 1288S

SUPPLEMENTAL CALENDAR NO. 1

HOUSE BILLS WITH SENATE AMENDMENTS
HB 1539 - Senate substitute agreed to (Y-96 N-0)
HB 1573 - Senate substitute agreed to (Y-98 N-0)
HB 1602 - Senate substitute agreed to (Y-88 N-9)
HB 1691 - Senate amendments agreed to (Y-97 N-0)
HB 1738 - Senate substitute agreed to (Y-96 N-0)
HB 1769 - Senate amendment rejected (Y-4 N-93)
HB 1793 - Senate substitute agreed to (Y-97 N-0)
HB 1798 - Senate amendments rejected (Y-1 N-95)
HB 1816 - Senate substitute agreed to (Y-96 N-1)
HB 1983 - Senate substitute agreed to (Y-97 N-0), Reconsidered, Passed by for the day
HB 2067 - Senate amendment agreed to (Y-93 N-4)
HB 2151 - Senate amendments agreed to (Y-96 N-1)
HB 2199 - Senate substitute agreed to (Y-96 N-1)
HB 2249 - Senate substitute agreed to (Y-92 N-1)
HB 2305 - Senate amendments agreed to (Y-95 N-0)
HB 2321 - Senate amendments agreed to (Y-97 N-1)
HB 2510 - Senate amendment rejected (Y-3 N-95)
HB 2598 - Senate amendments rejected (Y-1 N-95)
HB 2602 - Senate substitute agreed to (Y-97 N-0)
HB 2605 - Senate substitute agreed to (Y-95 N-1)
HB 2627 - Senate amendment agreed to (Y-95 N-1)
HB 2640 - Senate amendments agreed to (Y-96 N-1)
HB 2649 - Senate substitute rejected (Y-5 N-90)
HB 2666 - Senate substitute agreed to (Y-95 N-1)
HB 2697 - Senate substitute agreed to (Y-95 N-2)
HB 2763 - Senate amendment agreed to (Y-97 N-1)
HB 2832 - Senate substitute agreed to (Y-96 N-2)
HB 2866 - Senate substitute agreed to (Y-86 N-12)

Senate communication received
House bills passed with Senate amendments: HBs 1703, 1741, 2010, 2395, 2460, 2521, 2650, 2652, 2669, 2690, 2692, 2700, 2931
House bills passed with Senate substitutes: HBs 1505, 1576, 1615, 1756, 1820, 1821, 1997, 2174, 2192, 2218, 2221, 2282, 2288, 2456, 2482, 2622, 2670, 2741, 2791, 2854, 2878
House bills passed with Senate substitutes with amendments: HBs 2022, 2888
House bills, Senate insisted on its amendments and requested Committees of Conference: HBs 1948, 2078, 2645, 2851
House bills, Senate insisted on its substitutes and requested Committees of Conference: HBs 1586, 1682, 1977, 2459, 2686, 2732, 2771
Senate bills, House amendments rejected: SBs 934, 1346
Senate bills, House substitutes rejected: SBs 817, 1143, 1189, 1323, 1324
Senate bill, Senate acceded to House request for Committee of Conference: SB 1333
Senate bill, Conference report agreed to: SB 1332
House joint resolution, Senate insisted on its substitute and requested Committee of Conference: HJR 586
Senate joint resolution agreed to: SJR 492
House bills passed: HBs 1559, 1663, 1757, 1945, 2027, 2050, 2053, 2061, 2209, 2371, 2377, 2381, 2386, 2391, 2393, 2408, 2427, 2450, 2462, 2470, 2520, 2615, 2628, 2654, 2667, 2668, 2678, 2695, 2738, 2770, 2775, 2821, 2833, 2842, 2865, 2906
House bill, Senate receded from it amendments: HB 2144
Senate bills, House amendments agreed to: SBs 777, 815, 874, 904, 906, 921, 950, 957, 969, 984, 985, 999, 1145, 1166, 1188, 1194, 1230, 1232, 1270
Senate bills, House substitutes agreed to: SBs 890, 898, 1012, 1086, 1107, 1108, 1136, 1200, 1241, 1267, 1327
Senate bills, House substitutes with amendments agreed to: SBs 803, 968
House joint resolution agreed to: HJR 1006

Senate communication received
Senate bill, House amendment No. 1 agreed to and House amendments Nos. 2, 3, and 4 rejected: SB 966


Motion by Delegate Griffith to adjourn agreed to

House adjourned at 4:34 p.m. to meet Thursday, February 24, 2005, at 10:00 a.m.