Child day programs; Department of Social Services to study programs exempt from licensure. (SJ63)

Introduced By

Sen. Emmett Hanger (R-Mount Solon) with support from co-patron Del. Eileen Filler-Corn (D-Fairfax Station)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Study; Department of Social Services; child day programs exempt from licensure; report. Requests the Department of Social Services to (i) review all categories of child day programs exempt from licensure under 63.2-1715, (ii) formulate recommendations regarding whether such programs should remain exempt from licensure or whether any modifications are necessary to protect the health and well-being of the children receiving care in such programs, and (iii) consult with all relevant stakeholders. Read the Bill »

Status

03/03/2016: Passed the House

History

DateAction
01/11/2016Prefiled and ordered printed; offered 01/13/16 16102039D
01/11/2016Referred to Committee on Rules
02/11/2016Reported from Rules with substitute
02/11/2016Committee substitute printed 16105238D-S1
02/15/2016Read first time
02/16/2016Read second time
02/16/2016Reading of substitute waived
02/16/2016Committee substitute agreed to 16105238D-S1
02/16/2016Engrossed by Senate - committee substitute SJ63S1
02/16/2016Reading waived (39-Y 0-N) (see vote tally)
02/16/2016Agreed to by Senate by voice vote
02/18/2016Placed on Calendar
02/18/2016Referred to Committee on Rules
02/22/2016Assigned Rules sub: Studies
02/25/2016Subcommittee recommends reporting with amendment(s) (6-Y 0-N)
02/29/2016Reported from Rules with substitute (15-Y 0-N) (see vote tally)
02/29/2016Committee substitute printed 16105876D-H1
03/02/2016Taken up
03/02/2016Committee substitute agreed to 16105876D-H1
03/02/2016Passed by for the day
03/03/2016Taken up
03/03/2016Engrossed by House - committee substitute SJ63H1
03/03/2016Agreed to by House with substitute (70-Y 28-N)
03/03/2016VOTE: ADOPTION (70-Y 28-N) (see vote tally)
03/07/2016House substitute agreed to by Senate
03/07/2016Title replaced 16105876D-S1

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 4 clips in all, totaling 12 minutes.

Transcript

This is a transcript of the video clips in which this bill is discussed.

RESOLUTION EVERY YEAR. IT WOULD ESTABLISH FEBRUARY 17 AND EVERY SUCCEEDING YEAR AS WEAR RED DAY. WITH THAT, I ASK THAT THE RESOLUTION PASS. THANK YOU SENATOR. THE QUESTION IS, SHALL THE RESOLUTION BE AGREED TO. AS MANY AS FAVOR THAT MOTION WILL SAY AYE, THOSE OPPOSED, NO. THE AYES HAVE IT, THE RESOLUTION IS AGREED TO. SENATE JOINT RESOLUTION 63, REQUESTING THE DEPARTMENT OF SOCIAL SERVICES TO STUDY CHILD DAY PROGRAMS EXEMPT FROM THE LICENSURE, REPORT. REPORTED FROM THE COMMITTEE ON RULES WITH A SUBSTITUTE. THE SENATOR FROM AUGUSTA, SENATOR HANGER THANK YOU MR. PRESIDENT, I MOVE THE COMMITTEE SUBSTITUTE BE AGREED TO.

Sen. Emmett Hanger (R-Mount Solon): THE QUESTION IS SHALL THE COMMITTEE SUBSTITUTE BE AGREED TO. AS MANY AS FAVOR THAT MOTION WILL SAY AYE, THOSE OPPOSED, NO. THE AYES HAVE IT, THE SUBSTITUTE IS AGREED TO. THE SENATOR FROM AUGUSTA.

[Unknown]: MR. PRESIDENT, I MOVE THE RESOLUTION BE ENGROSSED AND ADVANCED TO THE THIRD READING THE QUESTION IS SHALL THE RESOLUTION BE ENGROSSED AND ADVANCED TO THE THIRD AS MANY AS FAVOR THAT MOTION READING. WILL SAY AYE, THOSE OPPOSED, NO. THE RESOLUTION IS ENGROSSED AND ADVANCED TO THE THIRD READING. THE SENATOR FROM AUGUSTA.

Sen. Emmett Hanger (R-Mount Solon): MR. PRESIDENT, I MOVE THAT WE WAIVE THE THIRD CONSTITUTIONAL READING.

Del. Bill Howell (R-Fredericksburg): THANK YOU SENATOR. THE QUESTION IS, SHALL THE RULES BE SUSPENDED AND THE THIRD CONSTITUTIONAL READING BE WAIVED. ALL IN FAVOR OF THE MOTION WILL RECORD THEIR VOTES AYE, THOSE OPPOSED NO. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY OF THE SENATORS DESIRE TO CHANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.

[Unknown]: AYES 39, NOS, ZERO. AYES 39, NOS, ZERO, THE MOTION IS AGREED TO. THE SENATOR FROM AUGUSTA. THANK YOU MR. PRESIDENT. I MOVE THAT THE RESOLUTION PASS, AND I'D LIKE TO SPEAK TO THAT. THE SENATOR HAS THE FLOOR. THANK YOU MR. PRESIDENT. THIS RESOLUTION DIRECTS THE DEPARTMENT OF SOCIAL SERVICES TO STUDY PROGRAMS THAT ARE EXEMPT FROM -- DAY PROGRAMS EXEMPT FROM LICENSURE. IT'S BEEN QUITE SOME TIME, I THINK ABOUT 20 YEARS, SINCE THIS HAS BEEN EXAMINED. THE SUBSTITUTE AS ADOPTED LISTS A NUMBER OF STAKEHOLDERS THAT WOULD BE A PART OF A STUDY THAT WILL WORK UP SOME RECOMMENDATIONS WITH THE DEPARTMENT OF SOCIAL SERVICES TO MAKE -- TO MAKE TO US HOPEFULLY NEXT YEAR. I HOPE IT WILL BE THE PLEASURE OF THE SENATE TO PASS THE RESOLUTION. THANK YOU SENATOR, THE SENIOR SENATOR FROM LOUDOUN, SENATOR BLACK.

Sen. Dick Black (R-Leesburg): THANK YOU MR. PRESIDENT. I INTEND TO VOTE AGAINST THE MEASURE, AND THE REASON IS, WE HAVE ENACTED ONE AFTER ANOTHER MEASURE DEALING WITH THE CARE OF CHILDREN. I GOT AN E-MAIL FROM AN INDIVIDUAL WHO HAS -- SHE HAS MADE HER LIVING ON CARING FOR CHILDREN, AND DUE TO SOME LEGISLATION THAT WE PASSED RECENTLY, SHE WAS FORCED TO DIMINISH THE NUMBER OF CHILDREN SHE COULD WATCH AND HER FAMILY INCOME DROPPED 20 PERCENT. WE ARE JUST DELVING INTO EVERY SINGLE THING THAT GOES ON, AND I WORRY ABOUT THIS, BECAUSE FOR A LOT OF PEOPLE, PARTICULARLY LOWER INCOME PEOPLE, WATCHING KIDS IS ONE OF THEIR BEST MEANS OF MAKING A GOOD, HONEST, DECENT LIVING, AND YET WE RESTRICT IT, AND MEANWHILE, EVERY TIME THAT WE RESTRICT IT, THE BIG ORGANIZATIONS GET BIGGER AND FANCIER, AND THE PEOPLE WHO CAN AFFORD TO PUT THEIR KIDS INCOME, YOU KNOW, DO BETTER. BUT I WORRY ABOUT ALL OF THESE MANY, MANY THOUSANDS AND THOUSANDS OF PEOPLE WHOSE FAMILY INCOME IS DEPENDENT ON BEING ABLE TO CARE FOR CHILDREN, AND EVERY TIME -- YOU KNOW, THEY DON'T HAVE A WHOLE BATTERY OF ATTORNEYS AND ACCOUNTANTS AND EVERYBODY ELSE WHO CAN SORT OUT THE LATEST RULES AND THE CHANGES OF RULES, AND SO I JUST -- I THINK WE HAVE DONE ENOUGH. I THINK WE HAVE HOUNDED THESE PEOPLE INTO THE EARTH, AND SO I OPPOSE THIS. I THINK WE REALLY -- IF YOU CANNOT IN A FREE MARKET ECONOMY DO BABYSITTING WITHOUT THE OVERSIGHT, THE HEAVY HAND OF THE GOVERNMENT, I DON'T KNOW WHAT YOU CAN DO. THANK YOU.

[Unknown]: I THANK THE SENATOR. THE SENATOR FROM AUGUSTA, SENATOR HANGER.

Sen. Emmett Hanger (R-Mount Solon): THANK YOU MR. PRESIDENT. SPEAKING TO THE BILL THEN? MR. PRESIDENT, I TEND TO AGREE IN PART WITH THE SENIOR SENATOR FROM LOUDOUN IN THAT WE NEED TO BE CAREFUL NOT TO OVERREGULATE IN THIS AREA, BECAUSE THERE'S A SIGNIFICANT DEMAND, AND SOMETIMES UNMET NEED FOR CHILD CARE SUPERVISION, BUT WHAT WE ARE CONFRONTED WITH, THERE HAVE BEEN A NUMBER OF EXEMPTIONS THAT HAVE BEEN MAINTAINED IN STATUTE FOR SOME TIME. AS I INDICATED EARLIER, IT'S BEEN OVER 20 YEARS SINCE THIS PARTICULAR TOPIC HAS BEEN STUDIED, AND IN THE MEANTIME, THERE ARE GROUPS -- IN FACT, THIS YEAR, THERE WERE SEVERAL GROUPS PUSHING FOR LEGISLATION TO BE INTRODUCED THAT WOULD HAVE REMOVED THAT EXEMPT STATUS IN DIFFERENT AREAS. THE TRUTH OF THE MATTER IS, MR. PRESIDENT, MEMBERS OF THE SENATE, IS THAT AS WE WORKED TO ENSURE THAT OUR CHILDREN ARE SAFE, AND IN THE COUSTEAUO WHEN IN THE CUSTODY OF CHILD DAY CARE PROGRAMS, WE'VE DONE THAT I THINK PRETTY EFFECTIVELY IN NUMEROUS WAYS, BUT WE CONTINUE TO EXEMPT PROGRAMS AND THE INTENT OF THIS IS JUST TO TAKE A LOOK, TO SEE WHETHER IT STILL MAKES SENSE FOR ALL OF THESE TO BE EXEMPTED, AND I'M SURE IN MANY INSTANCES WE WILL CONTINUE TO PROVIDE THOSE EXEMPTIONS. BUT CERTAINLY FOR THE PROTECTION OF THOSE CHILDREN WHO UNFORTUNATELY, WE ARE LOSING CHILDREN ANNUALLY IN THE CARE OF CHILD CARE PROVIDERS, AND WHETHER OR NOT IT'S A RELIGIOUS EXEMPTION, WHETHER OR NOT IT SPRINGS FROM SOME RECREATIONAL PROGRAM OF A COUNTY SERVICE, THOSE, WE SHOULD TAKE A LOOK TO SEE WHETHER IT MAKES SENSE. AND ALL THE STAKEHOLDERS THAT WOULD BE INTERESTED IN THIS, AS ARE DETAILED IN THE SUBSTITUTE, WILL BE AT THE TABLE AS WE REVIEW THIS. SO, AGAIN, I RENEW MY MOTION TO PASS THE RESOLUTION.

[Unknown]: I THANK THE SENATOR. THE QUESTION IS, SHALL SJR63 PASS.
PROGRAMS WITH A SUBSTITUTE.

Del. Bill Howell (R-Fredericksburg): GENTLEMAN FROM AUGUSTA, MR. LANDES.

Del. Steve Landes (R-Weyers Cave): THANK YOU. FIRST I WOULD LIKE TO MOVE THE COMMITTEE SUBSTITUTE.

[Unknown]: THOSE IN FAVOR SAY AYE. OPPOSED, NO. SUBSTITUTE AGREED TO.

Del. Steve Landes (R-Weyers Cave): MR. SPEAKER, HOUSE JOINT RESOLUTION REQUESTS TO REVIEW OUR CATEGORIES RELATED TO CHILD DAY CARE PROGRAMS EXEMPT FROM LICENSURE AND FORMULATE WHETHER THESE SHOULD REMAIN EXEMPT FROM LICENSURE AND ASK THE DEPARTMENT CONSULT WITH ALL RELEVANT STAKE HOLDERS. I MOVE THE PASSAGE OF THE RESOLUTION.

[Unknown]: CONTINUING WITH THE -- MR. SPEAKER?

Del. Bill Howell (R-Fredericksburg): GENTLEMAN FROM SPOTSYLVANIA, MR. COLE?

Del. Mark Cole (R-Fredericksburg): WILL THE GENTLEMAN YIELD?

[Unknown]: I WILL BE GLAD TO YIELD.

Del. Mark Cole (R-Fredericksburg): GENTLEMAN YIELDS.

[Unknown]: THANK YOU, MR. SPEAKER, I'M JUST WONDERING WHAT PROMPTED THIS STUDY? AND WHY WE THINK THERE IS A PROBLEM OF THE DAY CARES EXEMPT FROM LICENSURE? MR. SPEAKER, I WOULD SAY A DISCUSSION IN THE RULES COMMITTEE, SENATOR HANGER BELIEVED IT WAS BROUGHT TO HIS ATTENTION IN HIS DISTRICT THAT RAISED A CONCERN AND HE BROUGHT THE RESOLUTION FORWARD. MR. SPEAKER, CAN THIS GO TO REGULAR CALENDAR?

Del. Bill Howell (R-Fredericksburg): WITHOUT OBJECTION, REGULAR

[Unknown]: CONTINUING WITH THE UNCONTESTED BLOCK, SENATE JOINT RESOLUTION, 85 ESTABLISHING A JOINT COMMITTEE OF THE SMAT COMMITTEE ON EDUCATION HEALTH
MAJORITY, AND I WOULD JUST LIKE TO SPEAK A LITTLE BIT TO THE BILL, BECAUSE I SUSPECT THERE WILL BE A LITTLE BIT OF ADDITIONAL SORT OF DEBATE ON IT TODAY. JUST TO REMIND THE BODY, I BROUGHT THIS BILL AFTER DOING A LITTLE BIT OF RESEARCH THAT REALLY SHOCKED ME, AND FRANKLY, IT SHOCKED THE CONTENTS, IF YOU READ SOME OF THE STORIES ABOUT THE THINGS THAT HAPPENED IN THE COMMONWEALTH OF VIRGINIA. IN 2010, 2012, 2015 AND 2016. AND FRANKLY, VIRGINIA'S CURRENT MARRIAGE LAWS ARE NOT PROTECTING CHILDREN. AND WHEN I SAY CHILDREN, I DON'T MEAN 16-YEAR-OLDS AND 17-YEAR-OLDS, WHICH SOME OF US THINK OF AS CHILDREN, BUT I MEAN 13-YEAR-OLDS AND 12-YEAR-OLDS. AND SO IF YOU FUNDAMENTALLY BELIEVE THAT A CHILD WHO IS 12 YEARS OLD OR 13 YEARS OLD WHO SHOWS UP AT THE CIRCUIT COURT WHO IS PREGNANT, THAT SOMEONE SHOULDN'T BE ASKING, ARE YOU A VICTIM OF RAPE, ARE THERE MAJOR ISSUES GOING ON HERE, IF YOU FUNDAMENTALLY BELIEVE THAT IT'S JUST A CIRCUIT -- THAT A CIRCUIT COURT CLERK SHOULD GIVE YOU A PIECE OF PAPER AND GRANT YOU A MARRIAGE LICENSE AND YOU THINK THAT'S OKAY, FINE, YOU CAN VOTE AGAINST THIS BILL. I WOULD URGE YOU TO GIVE THIS A LITTLE MORE CONSIDERATION AND CONSIDER THAT THIS IS A GOOD BILL, THAT IT'S BEEN WORKED THROUGH VERY CAREFULLY AND WE'VE REALLY BALANCED THE INTERESTS OF CHILDREN, FAMILIES AND FRANKLY THE OPPORTUNITY TO ENTER INTO A LOVING MARRIAGE AT AN APPROPRIATE AGE. AND IF YOU ARE YOUNG, IF YOU ARE 16 OR 17 YEARS OLD AND YOU GO BEFORE A JUDGE AND YOU GO THROUGH AN EMANCIPATION PROCEEDING WHERE A JUDGE GETS TO DETERMINE WHETHER OR NOT IT'S IN YOUR BEST INTEREST AND THE JUDGE DETERMINES THAT IT IS AND THEN EMANCIPATES YOU AND PUTS YOU IN A POSITION WHERE YOU THEN CAN MAKE DECISIONS FOR YOURSELF, YOU CAN OBTAIN A PROTECTIVE ORDER, YOU CAN LOOK OUT FOR YOUR HEALTH AND SAFETY, YOU CAN GO TO A SHELTER AND ACTUALLY PUT YOURSELF IN A POSITION TO LOOK OUT FOR YOUR SAFETY AND YOU CAN ENTER INTO A MARRIAGE. WHAT WE'RE DOING IS WE'RE RAISING THE THRESHOLD. I UNDERSTAND THERE ARE LEGITIMATE REASONS TO SAY WE
HAVE ALL OF THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CHANGI R VOTE? THE CLERK WILL CLOSE THE ROLL. S1 1, NOS 39. S1 1, NOS 39. THE SUBSTITUTE IS REJECTED. SENATE JOINT RESOLUTION 6 AGREED TO BY THE HOUSE WITH A SUBSTITUTE. THE SENATOR FROM AUGUSTA, SENATOR HANGER.

Sen. Emmett Hanger (R-Mount Solon): THANK YOU, MR. PRESIDENT. >> THIS HOUSE JOINT RESOLUTION E DEPARTMENT OF SOCIAL SERVICES ARE PROGRAMS, DAYCARE PROGRAMS EXEMPT FROM LICENSURE. THE HOUSE SUBSTITUTE CHANGES THE REPORTING REQUIREMENTS SO THAT BOTH OF THE RELEVANT COMMITTEES IN THE HOUSE AND SENATE WILL RECEIVE A REPORT BEFORE IT IS PASSED ON TO THE GOVERNOR. SO I AGAIN MOVE THAT WE CONCUR WITH THE HOUSE SUBSTITUTE.

[Unknown]: THANK YOU, SENATOR. THE QUESTION IS SHALL THE SENATE CONCUR WITH THE HOUSE SUBSTITUTE. ALL IN FAVOR SAY AYE. THOSE OPPOSED, NO. THE AYES HAVE IT. THE SENATE CONCURS WITH THE HOUSE SUBSTITUTE.