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Roy's Report: 08-03-07

file GA08-03-07
General Assembly, Friday, March 7th, 2008


ONE day until scheduled adjournment!

Assembly scheduled to adjourn Saturday, tomorrow. That looks unlikely, but we'll see. 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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Interesting software note: The email program at one college wouldn't pass this report to its recipient. It has a censorship routine, and rejected the report because it had "Adult material" -- apparently it didn't like the quotes from HB1171, the ABC censorship bill!

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

Today, both House and Senate are allowed to work only upon conference reports and some joint resolutions.


SB226, McDougle, SUBSTITUTE, Firearms; answering mental health questions on consent form required when purchasing.

The House version is a bit more restrictive than the Senate version.

Conference committee has proposed yet another substitute version, printed today and to be acted upon tomorrow. This is identical to HB709, below.


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). House disagrees.

Conferees recommend Senate version, requiring that there be an appropriation to pay for this before it goes into effect. This was accepted by the Senate, 39-0. House has not yet acted.

Bill is identical to HB931, below.


SB590, Howell, SUBSTITUTE, Sex Offender & Crimes Against Minors Registry

Dueling substitutes.

Senate version has at least one very weird section. Present law requires registration as a sex offender for, among other things, carnal knowledge, without force, of a 13- or 14-year-old. The Senate version limits that to cases where the child not only is not forced, but actually consents, and the accused is also a minor. It actually removes the registration requirement for other cases!

Other differences, not detailed here.

In conference . . .

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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.

In conference; conferees appointed by both sides.


HB567, Crockett-Stark, SUBSTITUTE, Sexual offenses; those convicted prohibited entry onto school property.

Present law bans offenders from schools and day care centers during school hours, except to vote, attend class, or pursuant to a court order. The bill extends the ban to all hours.

Senate version adds definition of day care center, and adds exceptions to attend religious services.

Conferees recommend a new substitute, without the Senate exemption, and extending the ban only during school-related/sponsored activities, as well as during school hours.

Committee substitute accepted by the House, 93-0; now waiting for Senate.


HB709, Janis, SUBSTITUTE, Firearms; person legally incompetent, etc. prohibited from purchasing.

Same as SB226, same situation.

Conference committee has proposed yet another substitute version, printed today and to be acted upon tomorrow. This is identical to SB226, above.


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

Same as SB562 above. Same situation.

Conferees recommend Senate version, requiring that there be an appropriation to pay for this before it goes into effect. Accepted in the House, 89-7, and in the Senate unanimously. Now goes to the Governor.


HB1007, Jones DC, SUBSTITUTE, Fusion Intelligence Center; confidentiality and immunity from service of process.

The Secret Spy Center bill. Provides immunity for actions of these centers and their employees and their snitches.

The Senate version is far more protective of citizens' rights than is the House version. Both House and Senate are insisting on their versions. Conference Committee members appointed.

In conference . . .


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 also has a long list of naughty things.

Conferees recommend Senate version, cleaner and with fewer potential problems. Accepted in the House, 94-2. Waiting for Senate.


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Senate

SB560, Obenshain, 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 over his veto.
Same as HB933.
Senate failed to override, 24-16, or 3 votes shy of the 2/3 majority needed to override. Bill is dead.


HB933, Gilbert, Triggerman rule; redefinition thereof.
Same as SB560, above. Same situation.
Yesterday, House overrode veto, 77-23.
Senate failed to override, 24-16, or 3 votes shy of the 2/3 majority needed to override. Bill is dead.

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House

During the Morning Hour:

Delegate Carrico thanked the Capitol Police for allowing some members to use the range and fire off a few hundred rounds. He showed some targets, with pretty good groupings.


Delegate Gilbert reminded the members that the massacre yesterday at the school in Israel was interrupted by an armed student using his legally-carried private weapon in defense of himself and his classmates; the murderer was later killed by a soldier.

*****

HR20, Griffith, House of Delegates; Rules. Amends Rule 37 relating to the introduction of legislation.

This will INCREASE the number of bills each delegate is allowed to introduce during the regular session, from 10 to 15! Read for fifth time today.

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Next significant meetings are Saturday:

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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