RichmondLiberty.org

file GA08-03-06
General Assembly, Thursday, March 6th, 2008

TWO days until adjournment!

The General Assembly is supposed to adjourn for the regular session tomorrow, Saturday. They're working some late hours now, trying frantically to reach agreement on those relatively few items of disagreement. Of course, they're miles apart on the budget for the next two years (and trash-talking each other about it), so they'll probably end up extending this session anyway.

I won't be polishing off this report and sending it out until House and Senate both adjourn for the day.

For this report, instead of merely "House" and "Senate", I'm adding a "Both" section, since many bills are being acted upon by both sides.

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12:00 p.m. Both House and Senate convene.

SB35, Deeds, SUBSTITUTE, Recount procedures; ensures that logic and accuracy tests are performed after programming tabulator.

Finally passed House, 99-0. Senate accepts House version, 36-0. Bill now goes to Governor.

SB506, McDougle, Arrest; resetting of bail or amending bail set.

This one slipped under my radar until now, but it's important.

Right now, when someone is arrested, and posts bond, and goes to court for the first time, the court can raise the bail if there seems to be good reason to do so. This bill allows the court to also impose special conditions, "including, but not limited to, drug and alcohol monitoring."

There's one phrase in the bill which purports to allow the court to also reduce the bail if it seems excessive, but that power is negated by the first section of the present law. [NOTE THAT I'M ONLY AN EDUCATED LAYMAN, NOT AN ATTORNEY. THIS IS NOT PROFESSIONAL ADVICE! (It's just what the words mean; how hard is that?)] The House had inserted an amendment that would have enabled that, but the Senate rejected the provision. The bill went to a conference committee, which decided to scrap the House provision.

Both House and Senate accepted this, so the bill now goes to the Governor without the empowerment of the court to lower bail.

SB562, Obenshain, Methamphetamine; manufacturing, selling, giving, and distributing thereof, penalty.

Heavy mandatory minimum sentences for distribution of 1 ounce of meth, heavier ones for distribution of 10 ounces. Senate says it shouldn't go into effect unless it's paid for (estimated over quarter-million dollars).

Neither House nor Senate will accept the other's version. Conference committee agreed to, conferees appointed on both sides.

**********

HB931, Gilbert, Methamphetamine; manufacturing, selling, giving, and distributing thereof, penalty.

Same as SB562 above. Same situation.

HB1171, Cosgrove, SUBSTITUTE, Alcoholic mixed beverages; grounds for suspension or revocation of license if lewd conduct allowed.

This is the ABC censorship bill. Both House and Senate have a substitute for the version that came to them. Both versions exempt most artistic performances.

House version would specifically protect us from the moral degeneration that would surely result from glimpsing the "real or simulated display of any portion of the genitals, pubic hair or anus, or any portion of the areola of the breast of a female", not to mention any "real or simulated act of sexual intercourse, sodomy, masturbation, flagellation or any other sexual act prohibited by law", or all sorts of other really evilwickednastyterrible stuff. [I don't know your views, but I for one am humbly and sincerely grateful to our benevolent and protective leaders for preserving me from these evils, since I'm so weak that I could never resist temptation.]

Senate version isn't so bad.

Each side insisted on its version, conference committee has been appointed.

FINALLY, both sides adjourned,at 9:11 p.m.

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Senate

HB34, Ingram, SUBSTITUTE, Aggravated sexual battery; person over 18 guilty of felony with child under 13.

This is the "French-kissing" bill. House version makes it a Class 6 felony (up to 5 years), Senate version makes it a Class 1 misdemeanor (up to 12 months). Both require registration as a sex offender.

Neither House nor Senate will accept the other's version. Conference committee agreed to, conferees appointed in Senate. Waiting for House appointees.

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House

SB604, Stolle, Secondhand dealers; regulation thereof to current statutes regulating pawnbrokers.

This is the bill which could close used-record stores, and possibly affect gun shows and flea markets as well. Analysis online in
'GA Report: "Pawnbrokers"' at http://www.richmondliberty.org/mt/.

Delegate Cole offered a floor amendment exempting licensed gun dealers and persons at gun shows, which was accepted. Delegate Lee Ware pointed out the undue burdens this would put on small businesses, typically 1 or 2 man operations.

Bill was rejected, 24-73.

*****

HB933, Gilbert, Triggerman rule; redefinition thereof.
This is the bill to expand the death penalty to some accessories, not merely the person who pulls the trigger.
The Governor vetoed the bill, but the Assembly can enact it anyway, with a 2/3 vote.
Vote is 76-24, 9 more than needed . . . then reconsidered. New vote is 77-23, 10 votes to spare. Bill now goes to Senate. If the Senate also votes to override, it will become law without the Governor's signature.

HB1442, Iaquinto, SUBSTITUTE, Ignition interlock; fee increased for administrative costs.

Senate substitute (less onerous and less costly) accepted. Bill goes to Governor.

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Next significant meetings are Friday:

Noon: Senate and House convene

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DETAILS:
To see the summary, text, status, estimated cost, votes, or other details on any bill, go to:
http://leg1.state.va.us/. Click on:
“Bills & Resolutions – status of individual bills and related information”.
At the text-entry block, enter the bill and type just as I have it listed above. (Use “SB921”, not “S.B. 921”, for example.)

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REMINDER:
http://leg1.state.va.us/ and http://legis.state.va.us/
These are the two websites where you can access nearly anything you want to know about practically anything related to the General Assembly. Use them!
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