02/12/2008 Senate Proceedings

Minutes

Called to order at 11:00 a.m. by Lt. Governor William T. Bolling

Prayer offered by The Reverend Jason T. Roberts, Grace and Holy Trinity Episcopal Church, Richmond, Virginia

ROLL CALL OF MEMBERS: quorum present

Motion of Senator Quayle dispensed with reading of Journal (37-Y 0-N)

COMMUNICATION FROM HOUSE (HN10211): reading waived (37-Y 0-N)
House bills passed: HB 12, 111, 144, 147, 242, 277, 440, 523, 525, 555, 580, 1032, 1125, 1142, 1208, 1218, 1254, 1317, 1319, 1320, 1361, 1413, 1441, 1443, 1478, 1505, 1516, 1529, 1572, 1576
House joint resolutions agreed to: HJR 194, 362

House bills referred and joint resolutions Laid on Clerk's Desk: see February 13 Senate Calendar

BILLS REPORTED
From Finance: SB 116S, 597, 622A, 713, 795S

SJR 181 - offered by Senator Petersen
SJR 182 - offered by Senator Howell
SJR 183 - offered by Senator Hanger
SJR 184 - offered by Senator Hanger
SJR 185 - offered by Senator Martin
SJR 186 - offered by Senator Martin
SJR 187 - offered by Senator Watkins
SJR 188 - offered by Senator Watkins
SJR 189 - offered by Senator Quayle
SJR 190 - offered by Senator Quayle

Joint resolutions presented, ordered printed and referred/laid on Clerk’s Desk under Senate Rules 11(b), (26)g and HJR 152: see February 13 Senate Calendar

On motion of Senator Saslaw, the Senate recessed at 11:15 a.m. to reconvene at 11:55 a.m.

The Senate reconvened at 11:55 a.m.

CALENDAR

REGULAR CALENDAR
SENATE BILLS ON THIRD READING
Read third time
SB 496A - engrossment reconsidered (40-Y 0-N), Newman floor amendment # 1 agreed to (21-Y 19-N), Newman floor amendment # 3 agreed to (20-Y 19-N), Newman floor amendment # 2 rejected, Stolle floor amendment rejected (19-Y 20-N), engrossed, Rules suspended, third constitutional reading dispensed (40-Y 0-N), passed (36-Y 3-N), passage reconsidered (39-Y 0-N), passed (36-Y 3-N)
SB 559S - engrossment reconsidered (40-Y 0-N), reconsideration of adoption of committee substitute agreed to (38-Y 1-N), committee substitute rejected, Obenshain floor substitute agreed to, engrossed, Rules suspended, third constitutional reading dispensed (40-Y 0-N), passed (23-Y 15-N)

UNCONTESTED CALENDAR
HOUSE BILLS ON SECOND READING
HB 5 - Rules suspended, constitutional reading dispensed (40-Y 0-N), passed by for day
HB 171A - Rules suspended, constitutional reading dispensed (40-Y 0-N), passed by for day
HB 207 - Rules suspended, constitutional reading dispensed (40-Y 0-N), passed by for day
HB 211 - Rules suspended, constitutional reading dispensed (40-Y 0-N), passed by for day
HB 233 - Rules suspended, constitutional reading dispensed (40-Y 0-N), passed by for day
HB 319 - Rules suspended, constitutional reading dispensed (40-Y 0-N), passed by for day
HB 343 - Rules suspended, constitutional reading dispensed (40-Y 0-N), passed by for day
HB 392 - Rules suspended, constitutional reading dispensed (40-Y 0-N), passed by for day
HB 455 - Rules suspended, constitutional reading dispensed (40-Y 0-N), passed by for day
HB 528 - Rules suspended, constitutional reading dispensed (40-Y 0-N), passed by for day
HB 537 - Rules suspended, constitutional reading dispensed (40-Y 0-N), passed by for day
HB 1016 - Rules suspended, constitutional reading dispensed (40-Y 0-N), passed by for day
HB 1175 - Rules suspended, constitutional reading dispensed (40-Y 0-N), passed by for day
HB 1214 - Rules suspended, constitutional reading dispensed (40-Y 0-N), passed by for day
HB 1259 - Rules suspended, constitutional reading dispensed (40-Y 0-N), passed by for day
HB 1308 - Rules suspended, constitutional reading dispensed (40-Y 0-N), passed by for day
HB 1424 - Rules suspended, constitutional reading dispensed (40-Y 0-N), passed by for day
HB 1448 - Rules suspended, constitutional reading dispensed (40-Y 0-N), passed by for day
HB 1552 - Rules suspended, constitutional reading dispensed (40-Y 0-N), passed by for day

REGULAR CALENDAR
HOUSE BILL ON SECOND READING
HB 886 - Rules suspended, constitutional reading dispensed (40-Y 0-N), passed by for day

UNCONTESTED CALENDAR
SENATE BILLS ON SECOND READING
Read second time
SB 73 - engrossed, Rules suspended, third constitutional reading dispensed (40-Y 0-N), passed block vote (40-Y 0-N)
SB 84 - engrossed, Rules suspended, third constitutional reading dispensed (40-Y 0-N), passed block vote (40-Y 0-N)
SB 154 - engrossed, Rules suspended, third constitutional reading dispensed (40-Y 0-N), passed block vote (40-Y 0-N)
SB 306 - engrossed, Rules suspended, third constitutional reading dispensed (40-Y 0-N), passed block vote (40-Y 0-N)
SB 404S - committee substitute agreed to, engrossed, Rules suspended, third constitutional reading dispensed (40-Y 0-N), passed block vote (40-Y 0-N)
SB 442S - committee substitute agreed to, engrossed, Rules suspended, third constitutional reading dispensed (40-Y 0-N), passed block vote (40-Y 0-N)
SB 464S - committee substitute agreed to, engrossed, Rules suspended, third constitutional reading dispensed (40-Y 0-N), passed block vote (40-Y 0-N)
SB 651S - committee substitute agreed to, engrossed, Rules suspended, third constitutional reading dispensed (40-Y 0-N), passed block vote (40-Y 0-N)
SB 750 - engrossed, Rules suspended, third constitutional reading dispensed (40-Y 0-N), passed block vote (40-Y 0-N)
SB 48A - out of block, Education and Health amendment(s) agreed to, Finance amendment(s) agreed to, engrossed, Rules suspended, third constitutional reading dispensed (39-Y 1-N), passed (38-Y 1-N)
SB 472S - committee substitute agreed to, out of block, engrossed, Rules suspended, third constitutional reading dispensed (39-Y 0-N), passed (40-Y 0-N)
SB 600A - committee amendment(s) agreed to, out of block, engrossed, Rules suspended, third constitutional reading dispensed (40-Y 0-N), passed (36-Y 3-N)
SB 761 - out of block, engrossed, Rules suspended, third constitutional reading dispensed (40-Y 0-N), passed (40-Y 0-N)

REGULAR CALENDAR
SENATE BILLS ON SECOND READING
Read second time
SB 315SA - Edwards floor substitutes # 1 and 2 withdrawn, Edwards floor substitute # 3 rejected, reconsideration of rejection of committee amendment(s) agreed to (38-Y 0-N), reconsideration of rejection of committee substitute agreed to (40-Y 0-N), committee substitute agreed to, committee amendment(s) agreed to, engrossed, Rules suspended, third constitutional reading dispensed (40-Y 0-N), passed (39-Y 1-N)
SB 768SA - Herring floor amendment # 1 withdrawn, Herring floor amendment # 2 rejected, Whipple floor amendment(s) agreed to, engrossed, Rules suspended, third constitutional reading dispensed (40-Y 0-N), substitute motion to recommit to Local Government and continue to 2009 Session pursuant to Senate Rule 20(f) rejected, passed (21-Y 19-N)
SB 476A - McEachin floor amendment(s) withdrawn, Hanger floor amendment(s) agreed to, engrossed, Rules suspended, third constitutional reading dispensed (39-Y 1-N), substitute motion to rerefer to Rehabilitation and Social Services rejected (16-Y 23-N), passed (24-Y 15-N)
SB 266A - committee amendment(s) agreed to, engrossed, Rules suspended, third constitutional reading dispensed (39-Y 0-N), passed (38-Y 0-N)
SB 422A - committee amendment(s) agreed to, engrossed, Rules suspended, third constitutional reading dispensed (40-Y 0-N), passed (38-Y 0-N)
SB 511S - Agriculture, Conservation and Natural Resources amendment(s) rejected, Finance substitute agreed to, engrossed, Rules suspended, third constitutional reading dispensed (40-Y 0-N), passed (38-Y 2-N)
SB 525SA - Agriculture, Conservation and Natural Resources substitute rejected, Rules substitute agreed to, Hurt floor amendment(s) agreed to, engrossed, Rules suspended, third constitutional reading dispensed (40-Y 0-N), passed (36-Y 4-N)
SB 629SA - committee substitute agreed to, Cuccinelli floor amendment(s) agreed to (20-Y 19-N), Houck floor amendment(s) agreed to, engrossed, Rules suspended, third constitutional reading dispensed (40-Y 0-N), passed (31-Y 9-N)
SB 633A - committee amendment(s) agreed to, engrossed, Rules suspended, third constitutional reading dispensed (39-Y 0-N), passed (33-Y 6-N)
SB 648A - committee amendment(s) agreed to, engrossed, Rules suspended, third constitutional reading dispensed (40-Y 0-N), passed (38-Y 2-N)
SB 707SA - committee substitute agreed to, Norment floor amendment(s) agreed to, engrossed, Rules suspended, third constitutional reading dispensed (40-Y 0-N), passed (39-Y 0-N)

On motion of Senator Saslaw, the Senate recessed at 2:45 p.m. to reconvene at 3:55 p.m.

The Senate reconvened at 3:55 p.m.

BILLS REPORTED
From Commerce and Labor: SB 588S, 778S

Calendar (continued)

UNCONTESTED CALENDAR
SENATE BILLS ON FIRST READING
SB 135S - Rules suspended, constitutional reading dispensed (40-Y 0-N), read second time, committee substitute agreed to, engrossed, Rules suspended, third constitutional reading dispensed (40-Y 0-N), passed block vote (39-Y 0-N), reconsideration of block vote agreed to (40-Y 0-N), passed block vote (40-Y 0-N)
SB 311S - Rules suspended, constitutional reading dispensed (40-Y 0-N), read second time, committee substitute agreed to, engrossed, Rules suspended, third constitutional reading dispensed (40-Y 0-N), passed block vote (39-Y 0-N), reconsideration of block vote agreed to (40-Y 0-N), passed block vote (40-Y 0-N)
SB 423S - Rules suspended, constitutional reading dispensed (40-Y 0-N), read second time, committee substitute agreed to, engrossed, Rules suspended, third constitutional reading dispensed (40-Y 0-N), passed block vote (39-Y 0-N), reconsideration of block vote agreed to (40-Y 0-N), passed block vote (40-Y 0-N)
SB 451S - Rules suspended, constitutional reading dispensed (40-Y 0-N), read second time, committee substitute agreed to, engrossed, Rules suspended, third constitutional reading dispensed (40-Y 0-N), passed block vote (39-Y 0-N), reconsideration of block vote agreed to (40-Y 0-N), passed block vote (40-Y 0-N)
SB 477S - Rules suspended, constitutional reading dispensed (40-Y 0-N), read second time, committee substitute agreed to, engrossed, Rules suspended, third constitutional reading dispensed (40-Y 0-N), passed block vote (39-Y 0-N), reconsideration of block vote agreed to (40-Y 0-N), passed block vote (40-Y 0-N)
SB 576S - Rules suspended, constitutional reading dispensed (40-Y 0-N), read second time, committee substitute agreed to, engrossed, Rules suspended, third constitutional reading dispensed (40-Y 0-N), passed block vote (39-Y 0-N), reconsideration of block vote agreed to (40-Y 0-N), passed block vote (40-Y 0-N)
SB 596S - Rules suspended, constitutional reading dispensed (40-Y 0-N), read second time, committee substitute agreed to, engrossed, Rules suspended, third constitutional reading dispensed (40-Y 0-N), passed block vote (39-Y 0-N), reconsideration of block vote agreed to (40-Y 0-N), passed block vote (40-Y 0-N)
SB 611S - Rules suspended, constitutional reading dispensed (40-Y 0-N), read second time, committee substitute agreed to, engrossed, Rules suspended, third constitutional reading dispensed (40-Y 0-N), passed block vote (39-Y 0-N), reconsideration of block vote agreed to (40-Y 0-N), passed block vote (40-Y 0-N)
SB 634S - Rules suspended, constitutional reading dispensed (40-Y 0-N), read second time, committee substitute agreed to, engrossed, Rules suspended, third constitutional reading dispensed (40-Y 0-N), passed block vote (39-Y 0-N), reconsideration of block vote agreed to (40-Y 0-N), passed block vote (40-Y 0-N)

REGULAR CALENDAR
SENATE BILLS ON FIRST READING
SB 188S - Rules suspended, constitutional reading dispensed (40-Y 0-N), read second time, committee substitute rejected, Cuccinelli floor amendment(s) withdrawn, Stolle floor substitute agreed to, engrossed, Rules suspended, third constitutional reading dispensed (38-Y 1-N), passed (40-Y 0-N)
SB 211S - Rules suspended, constitutional reading dispensed (40-Y 0-N), read second time, committee substitute agreed to, engrossed, Rules suspended, third constitutional reading dispensed (40-Y 0-N), passed (32-Y 8-N)
SB 212S - Rules suspended, constitutional reading dispensed (40-Y 0-N), read second time, committee substitute agreed to, engrossed, Rules suspended, third constitutional reading dispensed (40-Y 0-N), passed (37-Y 3-N)
SB 563A - Rules suspended, constitutional reading dispensed (40-Y 0-N), read second time, committee amendment(s) agreed to, engrossed, Rules suspended, third constitutional reading dispensed (40-Y 0-N), passed (39-Y 1-N)
SB 623SA - Rules suspended, constitutional reading dispensed (40-Y 0-N), read second time, committee substitute agreed to, Stolle floor amendments # 1 and 2 agreed to, Stolle floor amendment # 3 agreed to, engrossed, Rules suspended, third constitutional reading dispensed (40-Y 0-N), passed (34-Y 6-N)
SB 692S - Rules suspended, constitutional reading dispensed (40-Y 0-N), read second time, committee substitute agreed to, engrossed, Rules suspended, third constitutional reading dispensed (37-Y 3-N), passed (26-Y 13-N)
SB 714A - Rules suspended, constitutional reading dispensed (40-Y 0-N), read second time, Howell floor amendments(s) agreed to, engrossed, Rules suspended, third constitutional reading dispensed (40-Y 0-N), passed (27-Y 13-N), passage reconsidered (40-Y 0-N), passed (26-Y 14-N)
SB 772S - Rules suspended, constitutional reading dispensed (40-Y 0-N), read second time, committee substitute agreed to, engrossed, Rules suspended, third constitutional reading dispensed (39-Y 0-N), passed (35-Y 5-N)

UNCONTESTED CALENDAR
SENATE JOINT RESOLUTIONS ON SECOND READING
Read second time
SJR 24 - engrossed, Rules suspended, third reading waived (40-Y 0-N), agreed to block vote (voice vote)
SJR 32S - committee substitute agreed to, engrossed, Rules suspended, third reading waived (40-Y 0-N), agreed to block vote (voice vote)
SJR 41S - committee substitute agreed to, engrossed, Rules suspended, third reading waived (40-Y 0-N), agreed to block vote (voice vote)
SJR 49 - engrossed, Rules suspended, third reading waived (40-Y 0-N), agreed to block vote (voice vote)
SJR 64 - engrossed, Rules suspended, third reading waived (40-Y 0-N), agreed to block vote (voice vote)
SJR 65S - committee substitute agreed to, engrossed, Rules suspended, third reading waived (40-Y 0-N), agreed to block vote (voice vote)
SJR 76A - committee amendment(s) agreed to, engrossed, Rules suspended, third reading waived (40-Y 0-N), agreed to block vote (voice vote)
SJR 108 - engrossed, Rules suspended, third reading waived (40-Y 0-N), agreed to block vote (voice vote)
SJR 120S - committee substitute rejected, Colgan floor substitute agreed to, engrossed, Rules suspended, third reading waived (40-Y 0-N), agreed to block vote (voice vote)
SJR 122S - committee substitute agreed to, engrossed, Rules suspended, third reading waived (40-Y 0-N), agreed to block vote (voice vote)
SJR 130 - engrossed, Rules suspended, third reading waived (40-Y 0-N), agreed to block vote (voice vote)
SJR 171 - engrossed, Rules suspended, third reading waived (40-Y 0-N), agreed to block vote (voice vote)
SJR 25 - out of block, passed by for the day

REGULAR CALENDAR
SENATE JOINT RESOLUTION ON SECOND READING
SJR 57 - read second time, engrossed, Rules suspended, third reading waived ( 37-Y 0-N ), agreed to (voice vote)

On motion of Senator Saslaw, the Senate recessed at 5:20 p.m. to reconvene at 5:50 p.m.

The Senate reconvened at 5:50 p.m.

SUPPLEMENTAL CALENDAR NO. 1

REGULAR CALENDAR
SENATE BILLS ON FIRST READING
SB 588SA - read first time, Rules suspended, second constitutional reading dispensed (38-Y 2-N), committee substitute agreed to (23-Y 15-N 1-A), Locke floor substitute out of order, Stolle floor substitute out of order, Cuccinelli floor amendment(s) to Stolle floor substitute out of order, Cuccinelli floor amendment(s) to committee substitute rejected (15-Y 24-N 1-A), Stolle floor amendment(s) agreed to, engrossed, Rules suspended, third constitutional reading dispensed (39-Y 1-N), passed (37-Y 2-N 1-A)
SB 778S - read first time, Rules suspended, second constitutional reading dispensed (40-Y 0-N), committee substitute agreed to, engrossed, Rules suspended, third constitutional reading dispensed (40-Y 0-N), passed (23-Y 17-N)

SJR 191 - offered by Senator Ticer

Joint resolution laid on Clerk’s Desk under Senate Rules 11(b), (26)g and HJR 152: see February 13 Senate Calendar

On motion of Senator Colgan, the Senate