Sanctuary cities; liability for certain injuries and damages caused by an illegal alien. (SB1262)

Introduced By

Sen. Dick Black (R-Leesburg)

Progress

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

Description

Liability of sanctuary cities for certain injuries and damages. Provides that a sanctuary city, defined in the bill as any locality that adopts any ordinance, procedure, or policy that restricts the enforcement of federal immigration laws to less than the full extent permitted by federal law, shall be jointly and severally liable for the tortious injury to persons or property caused by an illegal alien within such locality. Read the Bill »

Outcome

Bill Has Failed

History

  • 01/10/2017 Prefiled and ordered printed; offered 01/11/17 17101859D
  • 01/10/2017 Referred to Committee on Local Government
  • 01/16/2017 Impact statement from DHCD (SB1262)
  • 01/31/2017 Reported from Local Government with amendments (7-Y 6-N) (see vote tally)
  • 02/02/2017 Constitutional reading dispensed (40-Y 0-N) (see vote tally)
  • 02/03/2017 Read second time
  • 02/03/2017 Reading of amendments waived
  • 02/03/2017 Committee amendments agreed to
  • 02/03/2017 Engrossed by Senate as amended SB1262E
  • 02/03/2017 Printed as engrossed 17101859D-E
  • 02/06/2017 Read third time and passed Senate (21-Y 19-N) (see vote tally)
  • 02/08/2017 Placed on Calendar
  • 02/08/2017 Read first time
  • 02/08/2017 Referred to Committee for Courts of Justice
  • 02/08/2017 Assigned Courts sub: Civil Law
  • 02/21/2017 Left in Courts of Justice

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 2 clips in all, totaling 18 minutes.

Transcript

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



Sen. Adam Ebbin (D-Alexandria): LOOK LIKE THERE IS FUNDING PROVIDED FOR IT OR AT LEAST ANTICIPATED IN THE BUDGET AMENDMENT. THIS COULD BE A REAL PROBLEM FOR THE REGISTRARS. SO, WITH THAT, I WANT TO POINT THAT OUT. I WILL BE VOTING NO

[Unknown]: THANK YOU, SENATOR. THE SENATOR FROM FAIRFAX CITY, PETERSON THANK YOU, MR. PRESIDENT. SPEAK TO THE BILL >> THE GENTLEMAN HAS THE FLOOR >> THE COMMONWEALTH HAS CHANGEDD WHEN CAME DOWN HERE IN DRAMATICALLY. PRESIDENTIAL ELECTIONS IT WAS MAJORITY REPUBLICAN AND NOW APPEARS TO BE MORE MAJORITY DEMOCRAT. THE BOTTOM LINE IS WE DON'T HAVE A PROBLEM, THIS IS A SOLUTION IN SEARCH OF A PROBLEM. THE PEOPLE THAT WE REPRESENT ARE PRETTY HAPPY WITH OUR CURRENT SYSTEM WHICH IS NOT REGISTERING PEOPLE BY PARTY AND I LIKE THIS. FRANKLY THIS IS AN INDEPENDENT ELECTORATE AND I LIKE IT THAT WAY. IT WAS THOUGHT WHAT HAPPENS IF PEOPLE CROSS PARTY LINES AND IT WILL BE A DISASTER. YOU NEVER KNOW HOW THINGS WORK OUT, OKAY? I THINK AT THE END OF THE DAY THIS IS NOT A PROBLEM RIGHT NOW. HOWEVER, IF WE CREATE A PARTY REGISTRATION SYSTEM TO MAY CREATE PROBLEMS PARTICULARLY IN THOSE PARTS OF THE STATE WHERE WE HAVE APPOINTEES THAT LIKE TO HOLD LOCAL OFFICE IN FAIRFAX CITY AND FAIRFAX COUNTY AND NUMEROUS OTHER PLACES PEOPLE RUN FOR LOCAL OFFICE AND DO SO WITHOUT AN OFFICIAL PARTY IDENTIFICATION SO THEY CAN HOLD THE POSITION AND NOT BE DISQUALIFIED WHILE BEING A FEDERAL EMPLOYEE. AGAIN, MY COLLEAGUE FROM CHESAPEAKE IS A GREAT GENTLEMAN AND I LIKE HIM A LOT BUT I KNOW HE WENT TO ANANDALE HIGH SCHOOL. THIS IS A SOLUTION IN SEARCH OF A PROBLEM. NOR COSGROVE

Del. Bill Howell (R-Fredericksburg): BRIEFLY. ADDRESSING THE GENTLEMAN FROM ALEXANDRIA'S QUESTION OR ACTUALLY STATEMENT. IF ONE DOES NOT AFFILIATE WITH A PARTY, THEY WILL BE DETERMINED AS AN INDEPENDENT UNDER THIS BILL. SO, THERE IS NOT THAT PROBLEM. ALL RIGHT. THANK YOU. THANK YOU, SENATOR. THE QUESTION IS SHALL SENATE BILL 821 PASS. ALL IN FAVOR OF THE MOTION WILLS AYE, THOSE OPPOSED ARE THE DELEGATES READY TO VOTE? HAVE ALL THE DELEGATES VOTED? DO ANY DELEGATES DESIRE TO CH ANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.

[Unknown]: AYES 11, NOS 29 THE BILL DOES NOT PASS SENATE BILL 84 -6Z. ABILL RELATING TO THE VIRGINIA INTERIM REDISTRICTING COMMISSION TEARIA FOR ME READIAL RE[ INDISCERNIBLE ] TRICKING PLANS PROVIDES FOR THE ESTABLISHMENT OF THE VIRGINIA INTERIM REDISTRICTING COMMISSION WHEN A CONGRESSIONAL OR STATE LEGISLATIVE DISTRICT DRAWN AS REQUIRED BY ARTICLE SECTION 6 OF THE CONSTITUTION IS DECLARED UNLAWFUL OR UNCONSTITUTIONAL IN WHOLE OR IN PART BY ORDER OF ANY STATE OR FEDERAL COURT. THE COMMISSION IS TASKED DETERMINING AND SUBMITTING TO THE GENERAL ASSEMBLY AND THE GOVERNOR A REDISTRICTING PLAN REMEDYING SUCH UNLAWFUL OR UNCONSTITUTIONAL DISTRICT. THE BILL ALSO PROVIDES CRITERIA BY WHICH THE COMMISSION IS TO DRAW REMEDIAL DISTRICTS. WITH THAT, I MOVE THAT THE BILL PASS THANK YOU, SENATOR. THE SENATOR FROM HANOVER, SENATOR McDOUGLE.

Sen. Ryan McDougle (R-Mechanicsville): THANK YOU, MR. PRESIDENT. RISE TO SPEAK AGAINST THE BILL >>

[Unknown]: THANK YOU, MR. PRESIDENT

Sen. Ryan McDougle (R-Mechanicsville): WE HAVE SPENT SOME TIME TALKING ABOUT IN THIS SESSION AND ONE THAT CLEARLY SOME OTHER PEOPLE ON CAPITAL SQUARE SPEND A THE LOT OF TIME TALKING ABOUT AS WELL. MR. PRESIDENT, WHEN YOU LOOK AT REDISTRICTING IT IS ONE THAT HAS BEEN DISCUSSED FOR MANY YEARS BACK TO THE YEARS WHEN PATRICK HENRY AND JAMES MADISON WERE NOT TERRIBLY GOOD FRIENDS AND REDISTRICTING WAS SOMETHING THAT THEY FOCUSED ON. MR. PRESIDENT, I DO THINK REDISTRICTING IS SOMETHING THAT SHOULD BE DONE BY THOSE WHO ARE ELECTED. EACH ONE OF US. THAT MIGHT NOT BE THE THOUGHTS OF EVERYBODY, MR. PRESIDENT. CERTAINLY THOSE IN EXECUTIVE BRANCH HERE IN VIRGINIA THAT CHOSEN HAVE WORK HAVE NATIONAL GROUPS IN D.C. TO TRY TO FOCUS REDISTRICTING AND WORK IN A WAY TO MAKE SURE IT IS NOT DONE WHICH ELECTED OFFICIALS. MR. PRESIDENT, WHEN WE HAD REDISTRICTING DONE IN THIS BODY, I MIGHT NOT HAVE LIKED IT BUT MANY OF MY FRIENDS ACROSS THE AISLED A THE OPPORTUNITY TO VOTE FOR NONPARTISAN REDISTRICTING. I'M REMINDED OF THAT WHERE I TRAVEL TO PARTS OF MY DISTRICT WHERE I DRIVE 45 MINUTES, PLACES THAT USED TO BE IN MY DISTRICT ISSUES I GOT TO KNOW WELL AND PEOPLE I KNEW WELL AND GO PAST THEM TO GET TO THE PEOPLE THAT I NOW REPRESENT. MR. PRESIDENT, ELECTIONS HAVE CONSEQUENCES. WE ALL WORK VERY HARD BUT THE PEOPLE EXPECT US TO MAKE DECISIONS AND THOSE DECISIONS INCLUDING DRAWING DISTRICTS. SO WITH THAT, MR. PRESIDENT, I WOULD ASK THAT THE BODY VOTE AGAINST THIS MEASURE

Del. Bill Howell (R-Fredericksburg): THANK YOU, SENATOR. THE QUESTION IS SHALL SENATE BILL 846 PASS. ALL IN FAVOR OF THE MOTION RECORD AYE, THOSE OPPOSED NO. ARE ALL OF THE SENATORS READY TO VOTE? HAVE ALL THE DELEGATES VOTED? DO ANY DELEGATES DESIRE TO CH ANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.

[Unknown]: THE BILL PASSES. AYES 46, NO, 14. THE BILL PASSES SENATE BILL 1053. A BILL RELATING TO STUDENT LOANS, LICENSING OF QUALIFIED EDUCATIONAL LOAN SERVICERS, CIVIL PENALTIES. THE SENATOR FROM NORTHERN FAIRFAX COUNTY. SENATOR HOWE I MOVE THE BILL PASS AND SPEAKING TO THE BILL THE SENATOR HAS THE FLOOR VIRGINIA HAS A BIG PROBLEM WITH STUDENT LOAN DEBT. WE HAVE OVER $30 BILLION IN OUTSTANDING STUDENT LOAN DEBT IN THE COMMONWEALTH AND SOME OF THE SERVICERS HAVE BEEN ENGAGING IN ILLEGAL PRACTICES AND HAS MADE IT HARDER FOR THE BORROWERS TO MINIMIZE THE BURDEN OF THEIR DENT AND AVOID DEFAULTING AND, OF COURSE, WITH THE DEBT AND WITH DEFAULT IT MAKES IT HARDER FOR THE STUDENT LOAN BORROWER TO FULLY PARTICIPATE IN OUR ECONOMY. LAST YEAR, I PUT IN A BILL THAT WAS, FRANKLY, NOT READY FOR PRIME TIME. FORTUNATELY THE SENATOR FROM BEDFORD ASKED SHEV AND THE TREASURY DEPARTMENT TO COME BACK AND LOOK AT THE BILL WITH RECOMMENDATIONS. THIS IS BILL IS BASED ON THE RECOMMENDATIONS. IT WOULD LICENSE STUDENT LOAN SERVICERS AND THOSE THAT DO NOT MEET CERTAIN STANDARDS COULD LOSE THEIR LICENSURE OR IF THEY DID ENGAGE IN CERTAIN PROHIBITED ACTIVITIES THIS HE COULD LOSE LICENSURE. AND IT COULD GIVE STATE OVERSIGHT TO THE WHOLE ISSUE. THE LICENSING AGENCY WOULD BE THE BUREAU OF FINANCIAL INSTITUTIONS AND THE FCC. IT IS A SELF-FUNDED BILL. THOSE WHO ARE LICENSED WOULD PAY THE FEES. IT IS NOT ESTIMATED TO BE PARTICULARLY HIGH, BUT THIS DOES GIVE A LOT OF PROTECTIONS TO OUR STUDENT LOAN BORROWERS. THANK YOU, SENATOR. THE QUESTION IS SHALL SENATE BILL 1053 PASS. ALL IN FAVOR OF THE MOTION RECORD AYE, THOSE OPPOSED NO. ARE THE SENATORS READY TO VOTE? HAVE ALL OF THE SENATORS VOTED? DO ANY SNOW SHOWERS DESIRE TO NORS DESIRE TO CHANGE THEIRVOTE? AYES 36, NOS 4 THE BILL PASSES SENATE BILL 11149 RELATING TO VIRGINIA INITIATIVE FOR EMPLOYMENT NOT WELFARE TRANSITIONAL SUPPORT SERVICES THE SENATOR FROM ARLINGTON, TIME LIMIT SENATOR FAVOLA THANK YOU, MR. PRESIDENT. I ASK THAT SENATE BILL 11149 PASS. AND SPEAKING TO THE MOTION THE SENATOR HAS THE FLOOR THANK YOU, MR. PRESIDENT. WHAT THIS BILL DOES IS ALLOWS INDIVIDUALS WHO WERE ONCE TANIT RECIPIENTS AND PARTICIPATING IN THE VIEW PROGARAGE THE VIRGINIA INITIATIVE FOR EMPLOYMENT AND NOT WELFARE ALLOWS THE INDIVIDUALS TO CONTINUE TO RECEIVE SUPPORT SERVICES SUCH AS CHILD CARE SUBSIDIES FOR 24 MONTHS RATHER THAN 12 MONTHS. THIS WAS A UNANIMOUS RECOMMENDATION FROM THE COMMISSION ON YOUTH AND IN FACT THERE WAS A COMMITTEE AND I CHAIRED THIS COMMITTEE TO LOOK AT ALL OF OUR TANIT FOUNDED PROGRAMS AND HOW TO DETERMINE HOW WE CAN BEST SHAPE THE PROGRAM SO INDIVIDUALS CAN REMAIN SELF SUFFICIENT. AND TO THE PERSON ON THE COMMITTEE WE FELT THAT EXTENDING THIS 12 MONTHS TO 24 MONTHS WOULD REALLY BE INVALUABLE BECAUSE MANY CERTIFICATE PROGRAMS TAKE 24 MONTHS TO COMPLETE. THE FISCAL IMPACT IS VERY THE BULK OF THE MONEY WOULD COME MINIMAL. OUT OF THE FUNDS, A VERY SMALL PERCENTAGE COMES OUT OF GENERAL FUNDS. AND I WILL JUST SAY A REPORT WAS ISSUED IN 2016 AND OF THE 61% OF THE INDIVIDUALS WHO WERE EMPLOYED THROUGH THE V.I.E.W. PROGRAM, THE AVERAGE SALARY WAS ONLY $8.86. THAT IS NOT ENOUGH TO SUPPORT A FAMILY SO I ASK THE LADIES AND GENTLEMAN OF THE SENATE TO TAKE A STEP FORWARD AND TRY TO HELP US BREAK THE CYCLE OF POVERTY AND TO SUPPORT THIS BILL. THANK YOU, MR. PRESIDENT THANK YOU, SENATOR. THE QUESTION IS SHALL SENATE BILL 1149 PASS. ALL IN FAVOR OF THE MOTION WILLS AYE, THOSE ARE THE SENATORS READY TO VOTE? OPPOSED NO. STER ALL OF THE SENATORS VOTED? DO ANY DESIRE TO CHANGE THEIR VOTES

Del. Bill Howell (R-Fredericksburg): THE CLERK WILL CLOSE THE ROLL

[Unknown]: AYES 39, NOS 1 AYES 39, NOS 1. THE BILL PASSS SENATE BILL 1239 RELATING TO CHILD DAY PROGRAMS EX-EXEMPTIONS FROM LICENSURE. THE SENATOR FROM AUGUST, SENATOR HANGER

Sen. Emmett Hanger (R-Mount Solon): THANK YOU, MR. PRESIDENT. I MOVE THE BILL PASS AND WOULD LIKE TO SPEAK TO THAT MOTION

[Unknown]: THE SENATOR HAS THE FLOOR

Sen. Emmett Hanger (R-Mount Solon): THANK YOU, MR. PRESIDENT. SENATE BILL 1239 ADDRESSES CHILD CARE EXEMPTION FROM LICENSURE. IT IS A RESULT OF A STUDY THAT WE COMMISSIONED LAST YEAR TO LOOK AT THIS AREA WHICH HAD BEEN TROUBLESOME BECAUSE OF A LACK OF CLARITY IN TERMS OF PARENTS BEING ABLE TO DECIDE HOW TO PLACE THEIR CHILDREN IN APPROPRIATE CHILD CARE. I WOULD SAY IMPORTANTLY THAT THIS WILL BECOME A USEFUL TOOL TO PROVIDE INFORMATION FOR PARENTS SO THAT THEY KNOW WHAT PROGRAMS ARE OVERSEEN BY THE STATE AND WHAT PROGRAMS ARE EXEMPT. I WOULD SAY ALSO, MR. PRESIDENT TO BE CLEAR THIS DOES NOT EXTEND EXEMPTIONS OR TAKE AWAY EXEMPTIONS FROM PROGRAMS THAT ARE CURRENTLY EXEMPT SO THAT IN YOU HAVE A RELIGIOUS EXEMPT DAYCARE PROGRAM COME AND GOES DAY AND A HALF CAMPS YMYA THOSE REMAIN EXEMPT FROM DO TOWARDS TH SAFETY PROTOCOL IN THE DEPARTMENT OF SOCIAL SERVICES TO CERTIFY THAT. I WOULD HOPE THAT THE SENATE WILL SUPPORT THIS MEASURE.

Del. Bill Howell (R-Fredericksburg): ALL IN FAVOR RECORD THEIR STREET AYE. THOSE OPPOSED NO. ARE THE SENATORS READY TO VOTE? HAVE ALL OF THE SENATORS VOTED? DO ANY DESIRE TO CHANGE THEIR VOTES? THE CLERK WILL CLOSE THE ROLL

[Unknown]: AYES 38, NOS 2 AYES 38, NOS 2. THE BILL PASSES SENATE BILL 1243 A BILL RELATING TO PARENTAL CHOICE EDUCATION SAVINGS ACCOUNTS THE SENATOR FROM HENRICO, SENATOR DUNNAVANT THANK YOU, SPEAK TO THE BILL THE SENATOR HAS THE FLOOR I MOVE THE BILL PASS. EDUCATION SAVINGS ACCOUNTS ARE SOMETHING WITH WHICH WE ARE ALL FAMILIAR AND HOPEFULLY FAMILIAR WITH THE DAY-TO-DAY WE HAVE SEEN FROM THE DEPARTMENT OF HEALTH THAT SPEAKS TO THE UNFORTUNATEOUT COME THAT OCCUR WHEN CERTAIN CHILDREN ARE BORN INTO A PARTICULAR ZIP CODE AND THEY ARE LESS LIKELY TO SUCCEED FINANCIALLY AND LESS LIKELY TO BE HEALTHY. EDUCATION SAVINGS ACCOUNTS IN THIS BILL WOULD ALLOW ANYBODY AT 300% OR BELOW THE POVERTY LEVEL TO BE ABLE TO GET 90% OF THE STATE SHARE OF THEIR EDUCATION OF THE SOQ. ADDITIONALLY, CHILDREN WITH AN INDIVIDUAL EDUCATIONAL PLAN WOULD ALSO BE ELIGIBLE AND THIS WOULD ALLOW FAMILIES AN OPPORTUNITY TO FIND A BETTER EDUCATIONAL FIT FOR THE CHILDREN SO THAT THEY COULD THRIVE AND NOT BE CONDEMNED TO THAT WHICH THEIR ZIP CODE MIGHT CONDEMN THEM

Del. Bill Howell (R-Fredericksburg): THANK YOU, SENATOR. THE QUESTION IS SHALL SENATE BILL 1243 PASS? ALL IN FAVOR OF THE MOTION WILLS AYE, THOSE OPPOSED NO. ARE THE SENATORS READY TO VOTE? HAVE ALL OF THE SENATORS VOTED? DO ANY DESIRE TO CHANGE THEIR VOTES? THE CLERK WILL CLOSE THE ROLL

[Unknown]: AYES 21, NOS 19 AYES 21, NOS 19. THE BILL PASSES SENATE BILL 1253, A BILL RELATING TO VOTER IDENTIFICATION PHOTOGRAPHS CONTAINED IN ELECTRONIC POLL BOOK THE SENATOR FROM ROCKINGHAM, SENATOR OBENSHAIN

Sen. Mark Obenshain (R-Harrisonburg): I MOVE THAT THE BILL PASS AND SPEAKING TO THE BILL

[Unknown]: THE SENATOR HAS THE FLOOR

Sen. Mark Obenshain (R-Harrisonburg): MEMBERS OF THE SENATE, THIS BILL IS REALLY VERY SMALL SHADOW OF ITS FORMER SELF WORK WHAT THAT BASICALLY DOES IS LEVERAGES THE INFORMATION AND DATA THAT WE HAVE AVAILABLE IN MULTIPLE AGENCIES OR DEPARTMENT OF MOTOR VEHICLES COLLECTS PHOTOGRAPH WHICH UNDER THIS BILL WOULD BE PORTED IN TO THE ELECTRONIC POLL BOOKS USED ACROSS THE STATE. IT HAS STRIPPED OUT ANY LANGUAGE PERMITTING ANY ELECTION OFFICIAL TO CHALLENGE OR DISQUALIFY A VOTER ON THE BASIS OF THE PHOTOGRAPHS IN THE ELECTRONIC POLL BOOK. IT IS TO MOVE US UTILIZING DATA ACROSS PLATFORMS AND PERHAPS TO SUPPLEMENT OR EVEN REPLACE THE PHOTO I.D. REQUIREMENT THAT WE HAVE. SO, MR. PRESIDENT, I WOULD ONCE AGAIN ASK THAT THE BODY PASS THIS MEASURE

Del. Bill Howell (R-Fredericksburg): THANK YOU, SENATOR. THE QUESTION IS SHALL SENATE BILL 1253 PASS? ALL IN FAVOR OF THE MOTION WILLS AYE, THOSE OPPOSED NO. HAVE ALL OF THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CHANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL

[Unknown]: AYES 21, NOS 19 AYES 21, NOS 19. THE BILL PASSES. SENATE BILL 1262. A BILL RELATING TO SANCTIONARY POLICIES. THE SENIOR SENATOR FROM LOUDOUN COUNTY, SENATOR BLACK

Sen. Dick Black (R-Leesburg): SENATE BILL 1262 IS THE SANCTIONARY CITIES BILL. WHAT IT DOES IS IT -- SAYS THAT SANCTUARY CITY IS ANY LOCALITY THAT ADOPTS AN ORDINANCE, PROCEDURE, OR POLICY THAT INTENTIONALLY RESTRICTS THE ENFORCEMENT OF FEDERAL IMMIGRATION LAWS TO LESS THAN THE FULL EXTENT PERMITTED BY LAW WITH THE INTENT OF THWARTING THE EXECUTION OF FEDERAL IMMIGRATION LAW. IT DOES NOT DEAL WITH SITUATIONS WHERE SOMETHING INADVERTENTLY OR, YOU KNOW, UNINTENTIONALLY BRINGS THIS ABOUT. IT MAKES QUITE CLEAR THAT THE >> I HOPE IT WILL BE YOUR PLEASURE TO PASS THE MILL

[Unknown]: SENATOR MARSDEN DEN

Sen. Dick Black (R-Leesburg): WOULD THE GENTLEMAN YIELD FOR A QUESTION?

[Unknown]: WOULD THE SENIOR SENATOR YIELD? I YIELD HE YIELDS, SENATOR WHEN THE TERM ADOPT IS POLICY IS USED WOULD ADOPTION OF A POLICY BE A POLICE LIEUTENANT ON A PARTICULAR SHIFT ASKING OR TELLING OFFICERS NOT TO ENFORCE A CERTAIN RULE? IS THAT AN ADOPTION OF A POLICY OR IS THAT JUST ONE PERSON

Comments

ACLU-VA Immigrants Rights, tracking this bill in Photosynthesis, notes:

ACLU-VA opposes this bill. Virginia already has some of the strictest laws in the nation regarding local compliance of federal immigration laws. This bill does nothing except to expose localities to liability for the actions of a private individual, setting a dangerous precedence under tort law.

Phil Storey writes:

SB1262 cedes vital state and local sovereignty to federal agencies. It invites the federal government to commandeer local resources in pursuit of federal priorities, regardless of the effects on local communities. How in the world is that a good thing? I can only think that it is motivated by xenophobia. Please defeat this bill!