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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
Thursday, February 24, 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 Scott A. West, Pastor, St. Mary's Whitechapel Episcopal Church and Trinity Episcopal Church, Lancaster

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 Wednesday, February 23, 2005, approved by the Speaker


HBs 1586, 1682, 1948, 1977, 2078, 2459, 2645, 2686, 2732, 2771, 2851; HJR 586 - House accedes to Senate request for Committees of Conference

SBs 817, 934, 966, 1143, 1189, 1323, 1324, 1346 - House insists on its amendments and requests Committees of Conference

HB 1586 - Conferees appointed: Reese, Kilgore, Abbitt

HB 1682 - Conferees appointed: Janis, Cox, Miles

HB 1948 - Conferees appointed: Saxman, Cosgrove, Howell of Norfolk

HB 1977 - Conferees appointed: Janis, Bell, Moran

HB 2078 - Conferees appointed: Plum, Janis, McDougle

HB 2459 - Conferees appointed: Ware of Powhatan, Scott of Madison, Hull

HB 2645 - Conferees appointed: Hurt, Hogan, Stump

HB 2686 - Conferees appointed: Pollard, Lingamfelter, Welch

HB 2732 - Conferees appointed: O'Bannon, Ingram, Scott of Fairfax County

HB 2771 - Conferees appointed: Callahan, Wardrup, Joannou

HB 2851 - Conferees appointed: Cox, Wardrup, Joannou

SB 1333 - Conferees appointed: Nixon, Marrs, BaCote

Motion by Delegate Janis to adjourn in honor of the service members serving throughout the world in defiance of tyranny and in defense of liberty agreed to

Delegate Watts granted unanimous consent to introduce a resolution [HJR 1020]

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

CALENDAR

SENATE BILLS READ THIRD TIME
UNCONTESTED CALENDAR
SB 1279 - Passed Block Vote (Y-98 N-0)
SB 756 - Passed Block Vote (Y-98 N-0)
SB 1013A - Committee amendments agreed to, Passed Block Vote (Y-98 N-0)
SB 1070A - Committee amendments agreed to, Passed Block Vote (Y-98 N-0)
SB 1090S - Committee substitute agreed to, Passed Block Vote (Y-98 N-0)
SB 1141A - Committee amendments agreed to, Passed Block Vote (Y-98 N-0)
SB 1156S - Committee substitute agreed to, Moved to Regular Calendar
SB 1170 - Passed Block Vote (Y-98 N-0)
SB 1294 - Passed Block Vote (Y-98 N-0)
SB 1320A - Committee amendments agreed to, Passed Block Vote (Y-98 N-0)

SENATE BILLS READ THIRD TIME
REGULAR CALENDAR
SB 868S - Stricken from Calendar
SB 1338 - Delegate Marshall of Prince William floor amendments rejected, Passed (Y-49 N-48)
SB 1115S - Committee Amendment rejected, Delegate Hogan floor substitute agreed to, Passed (Y-95 N-0)
SB 1300 - Defeated (Y-33 N-64)
SB 819A - Committee amendment agreed to, Passed (Y-95 N-2)
SB 992S - Committee substitute agreed to, Passed (Y-56 N-40)
SB 1089S - Committee substitute agreed to, Passed (Y-75 N-21)
SB 1177S - Committee substitute agreed to, Passed (Y-82 N-15)
SB 1288S - Committee substitute agreed to, Passed (Y-97 N-0)
SB 1156S - Passed (Y-93 N-3)

HOUSE BILLS WITH SENATE AMENDMENTS
HB 1851 - Senate substitute rejected (Y-1 N-96)
HB 2836 - Senate substitute rejected (Y-2 N-95)
HB 1983 - Senate substitute rejected (Y-0 N-98)
HB 1505 - Senate substitute rejected (Y-1 N-96)
HB 1576 - Senate substitute ruled not germane
HB 1615 - Senate substitute agreed to (Y-95 N-1)
HB 1703 - Senate amendment agreed to (Y-95 N-0)
HB 1741 - Senate amendments rejected (Y-3 N-92)
HB 1756 - Senate substitute agreed to (Y-96 N-2)
HB 1820 - Senate substitute agreed to (Y-98 N-0)
HB 1821 - Senate substitute agreed to (Y-97 N-0)
HB 1997 - Senate substitute rejected (Y-2 N-95)
HB 2010 - Senate amendment agreed to (Y-95 N-1)
HB 2022 - Senate substitute with amendments agreed to (Y-95 N-1)
HB 2174 - Senate substitute agreed to (Y-94 N-0)
HB 2192 - Senate substitute agreed to (Y-73 N-20)
HB 2218 - Senate substitute agreed to (Y-96 N-0)
HB 2221 - Senate substitute agreed to (Y-91 N-2)
HB 2282 - Senate substitute agreed to (Y-93 N-4)
HB 2288 - Senate substitute rejected (Y-4 N-91)
HB 2395 - Senate amendment rejected (Y-4 N-91)
HB 2456 - Senate substitute agreed to (Y-85 N-12)
HB 2460 - Senate amendment agreed to (Y-97 N-1)
HB 2482 - Senate substitute agreed to (Y-98 N-0)
HB 2521 - Senate amendments agreed to (Y-97 N-0)
HB 2622 - Senate substitute agreed to (Y-96 N-0)
HB 2650 - Senate amendment agreed to (Y-97 N-1)
HB 2652 - Senate amendment agreed to (Y-97 N-0)
HB 2669 - Senate amendment rejected (Y-2 N-95), Reconsidered, Senate amendment agreed to (Y-96 N-0)
HB 2670 - Senate substitute agreed to (Y-97 N-1)
HB 2690 - Senate amendments agreed to (Y-98 N-0)
HB 2692 - Senate amendment agreed to (Y-95 N-1)
HB 2700 - Senate amendments agreed to (Y-96 N-2)
HB 2741 - Senate substitute agreed to (Y-94 N-3)
HB 2791 - Senate substitute agreed to (Y-90 N-6)
HB 2854 - Senate substitute agreed to (Y-92 N-5)
HB 2878 - Senate substitute agreed to (Y-88 N-10)
HB 2888 - Senate substitute with amendment agreed to (Y-89 N-9)
HB 2931 - Senate amendment agreed to (Y-95 N-1), Reconsidered, Senate amendment agreed to (Y-98 N-0)

RESOLUTIONS
UNCONTESTED CALENDAR
SJR 282S - Committee substitute agreed to, Agreed To Block Vote (Y-97 N-0)
SJR 319 - Agreed To Block Vote (Y-97 N-0)
SJR 320 - Agreed To Block Vote (Y-97 N-0)
SJR 324S - Committee substitute agreed to, Agreed To Block Vote (Y-97 N-0)
SJR 330A - Moved to Regular Calendar
SJR 335 - Agreed To Block Vote (Y-97 N-0)
SJR 352A - Committee amendments agreed to, Agreed To Block Vote (Y-97 N-0)
SJR 360 - Agreed To Block Vote (Y-97 N-0)
SJR 361 - Agreed To Block Vote (Y-97 N-0)
SJR 363A - Committee amendments agreed to, Agreed To Block Vote (Y-97 N-0)
SJR 367 - Agreed To Block Vote (Y-97 N-0)
SJR 371 - Agreed To Block Vote (Y-97 N-0)
SJR 380 - Agreed To Block Vote (Y-97 N-0)
SJR 382S - Committee substitute agreed to, Moved to Regular Calendar
SJR 388 - Agreed To Block Vote (Y-97 N-0)
SJR 393 - Agreed To Block Vote (Y-97 N-0)
SJR 394S - Committee substitute agreed to, Agreed To Block Vote (Y-97 N-0)
SJR 403 - Agreed To Block Vote (Y-97 N-0)
SJR 406 - Agreed To Block Vote (Y-97 N-0)
SJR 428 - Agreed To Block Vote (Y-97 N-0)
SJR 451 - Agreed To Block Vote (Y-97 N-0)
SJR 308A - Committee amendment agreed to, Agreed To Block Vote (Y-97 N-0)

RESOLUTIONS
REGULAR CALENDAR
SJR 336 - Agreed to (Y-95 N-2)
SJR 331 - Agreed to (Y-95 N-0)
SJR 376 - Agreed to (Y-76 N-20)
SJR 273 - Agreed to (Y-93 N-4)
SJR 275 - Agreed to (Y-93 N-5)
SJR 337S - Committee substitute agreed to, Agreed to (Y-76 N-21)
SJR 339 - Agreed to (Y-86 N-7)
HJR 937 - Agreed to (Y-95 N-1)
HR 40 - Agreed to (Y-96 N-0)
SJR 330A - Committee amendments agreed to, Delegate Orrock floor amendment agreed to, Agreed to (Y-97 N-0)
SJR 382S - Agreed to (Y-91 N-3)

SENATE JOINT RESOLUTIONS REFERRED
SJR 492
SJR 510

HB 1787 - Conference report agreed to (Y-98 N-0)

Senate communication received
House joint resolutions agreed to with Senate amendments: HJRs 605, 625, 643, 668, 689, 706, 709, 768
House joint resolutions agreed to with Senate substitutes: HJRs 588, 685, 704, 742, 790, 817
House joint resolutions agreed to: HJRs 526, 551, 573, 574, 598, 646, 656, 657, 664, 667, 669, 686, 688, 701, 702, 707, 710, 711, 713, 747, 750, 757, 770, 789, 818, 819, 821, 850

Senate communication received
House joint resolution rejected: HJR 679

HJR 586 - Conferees appointed: Cosgrove, Byron, Johnson

Motion by Delegate Griffith to recess agreed to

House recessed at 1:54 p.m. until 4:00 p.m.

House reconvened at 4:00 p.m.

Committee report
From Privileges and Elections: SJRs 492, 510

Senate communication received
House bills passed with Senate amendments: HBs 2586, 2776
House bills passed with Senate substitutes: HBs 2255, 2638
House bills, Senate insisted on its amendments and requested Committees of Conference: HBs 1769, 1798, 1921, 2510, 2564, 2598, 2800
House bills, Senate insisted on its substitutes and requested Committees of Conference: HBs 2455, 2649, 2796
House bills, Senate insisted on its substitutes with amendments and requested Committees of Conference: HBs 2777, 2881
House bills, Conference reports agreed to: HBs 1787, 2664, 2837
Senate bill, House amendment rejected: SB 1158
Senate bills, House substitutes rejected: SBs 843, 940, 1075, 1159
Senate bill, House substitute with amendment rejected: SB 1298
Senate bills, Senate acceded to House request for Committees of Conference: SBs 810, 817, 875, 934, 966, 1143, 1189, 1235, 1323, 1324, 1346
House joint resolution agreed to with Senate substitute: HJR 640
House bill passed: HB 1656
House bills, Senate receded from its amendments: HBs 1666, 2810
Senate bills, House amendments agreed to: SBs 873, 891, 912, 1001, 1047, 1057, 1123, 1163, 1260, 1342
Senate bills, House substitutes agreed to: SBs 695, 723, 851, 949, 1019, 1040, 1051, 1054, 1121, 1149, 1150, 1217, 1225

HB 2664 - Conference report agreed to (Y-62 N-32)

HB 2837 - Conference report agreed to (Y-95 N-0)

SB 810 - Conferees appointed: Louderback, Cox, Pollard

SB 875 - Conferees appointed: Reese, Kilgore, Abbitt

SB 1235 - Conferees appointed: Louderback, Cox, Pollard

Motion by Delegate Griffith to recess agreed to

House recessed at 4:13 p.m. until 5:30 p.m.

House reconvened at 5:30 p.m.

HBs 1769, 1798, 1921, 2455, 2510, 2564, 2598, 2649, 2796, 2777, 2800, 2881 - House accedes to Senate request for Committees of Conference

SBs 843, 940, 1075, 1158, 1298 - House insists on its amendments and requests Committees of Conference

HB 1769 - Conferees appointed: Dillard, Griffith, Councill

HB 1798 - Conferees appointed: Albo, McDougle, Barlow

HB 1921 - Conferees appointed: Cox, Wardrup, Joannou

HB 2455 - Conferees appointed: Suit, Cline, Shannon

HB 2510 - Conferees appointed: Welch, Hamilton, Moran

HB 2564 - Conferees appointed: Watts, Albo, Athey

HB 2598 - Conferees appointed: Ware of Roanoke City, Athey, Nutter

HB 2649 - Conferees appointed: Hurt, Albo, Johnson

HB 2777 - Conferees appointed: Louderback, Cox, Pollard

HB 2796 - Conferees appointed: Baskerville, Hamilton, O'Bannon

HB 2800 - Conferees appointed: Ward, Marrs, Orrock

HB 2881 - Conferees appointed: Nixon, Marrs, BaCote

SUPPLEMENTAL CALENDAR NO. 1

HOUSE BILLS WITH SENATE AMENDMENTS
HB 2255 - Senate substitute agreed to (Y-94 N-0)
HB 2586 - Senate amendment agreed to (Y-92 N-1)
HB 2638 - Senate substitute rejected (Y-10 N-83)
HB 2776 - Senate amendment agreed to (Y-89 N-5)

Senate communication received
House bill, President of Senate ruled not properly before the Senate: HB 1576
House bills, Senate insisted on its amendments and requested Committees of Conference: HBs 1741, 2395
House bills, Senate insisted on its substitutes and requested Committees of Conference: HBs 1505, 1851, 1983, 1997, 2288, 2836
Senate bills, House substitutes rejected: SBs 1115, 1177
House bill passed: HB 1546

Senate communication received
House bill, Senate insisted on its substitute and requested Committee of Conference: HB 2638

SB 1159 - House recedes from its substitute (Y-83 N-8)

HBs 1505, 1741, 1851, 1983, 1997, 2288, 2395, 2638, 2836 - House accedes to Senate request for Committees of Conference

SBs 1115, 1177 - House insists on its substitutes and requests Committees of Conference

SB 817 - Conferees appointed: BaCote, Tata, Wardrup

SB 934 - Conferees appointed: McDougle, Wardrup, Abbitt

SB 966 - Conferees appointed: Kilgore, Weatherholtz, Shuler

SB 1143 - Conferees appointed: Albo, McDougle, Barlow

SB 1189 - Conferees appointed: Ward, Marrs, Orrock

SB 1323 - Conferees appointed: Tata, O'Bannon, Stump

SB 1324 - Conferees appointed: Callahan, Wardrup, Joannou

SB 1346 - Conferees appointed: Jones of Suffolk, McQuigg, Abbitt

HB 1505 - Conferees appointed: Tata, O'Bannon, Stump

HB 1741 - Conferees appointed: Cosgrove, Kilgore, Brink

HB 1851 - Conferees appointed: Eisenberg, Orrock, Suit

HB 1983 - Conferees appointed: Howell of Norfolk, McDonnell, Suit

HB 1997 - Conferees appointed: Griffith, Hurt, Watts

HB 2288 - Conferees appointed: Lingamfelter, Albo, Armstrong

HB 2395 - Conferees appointed: Phillips, Kilgore, Nixon

HB 2836 - Conferees appointed: Sherwood, McDonnell, Melvin

Senate communication received
Senate bills, Senate acceded to House request for Committees of Conference: SBs 843, 940, 1075, 1115, 1158, 1177, 1298

HB 2638 - Conferees appointed: Ebbin, Griffith, Athey

SB 843 - Conferees appointed: Bell, Hurt, Ware of Roanoke City

SB 940 - Conferees appointed: Weatherholtz, Hurt, Phillips

SB 1075 - Conferees appointed: Eisenberg, Orrock, Suit

SB 1115 - Conferees appointed: Griffith, Hogan, Abbitt

SB 1158 - Conferees appointed: Weatherholtz, Marrs, Barlow

SB 1177 - Conferees appointed: Albo, Kilgore, Armstrong

SB 1298 - Conferees appointed: Reid, McQuigg, Hull

Senate communication received
Senate joint resolutions agreed to: SJRs 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540
House joint resolutions agreed to: HJRs 924, 925, 927, 930, 931, 932, 933, 934, 935, 936, 938, 939, 940, 941, 942, 943, 945, 946, 947, 948, 951, 952, 953, 954, 955, 956, 957, 958

Senate communication received
Senate bills, House amendments agreed to: SBs 819, 1013, 1070, 1141, 1320
Senate bills, House substitutes agreed to: SBs 992, 1089, 1090, 1156, 1288


Motion by Delegate Griffith to adjourn agreed to

House adjourned at 6:34 p.m. to meet Friday, February 25, 2005, at 12 m.