District courts; jurisdictional limit does not include any attorney fees. (SB1342)

Introduced By

Sen. Scott Surovell (D-Mount Vernon)

Progress

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

Description

District courts; attorney fees. Provides that the jurisdictional limit for general district courts does not include any attorney fees. The bill requires that the amount of an appeal bond required for appeals from a district court include any amount awarded for attorney fees in the case. Amends § 16.1-107, § 16.1-77, of the Code of Virginia. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
01/10/2017Prefiled and ordered printed; offered 01/11/17 17103446D
01/10/2017Referred to Committee for Courts of Justice
01/30/2017Reported from Courts of Justice with amendment (11-Y 4-N) (see vote tally)
01/31/2017Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/01/2017Read second time
02/01/2017Reading of amendment waived
02/01/2017Committee amendment agreed to
02/01/2017Engrossed by Senate as amended SB1342E
02/01/2017Printed as engrossed 17103446D-E
02/02/2017Read third time and passed Senate (26-Y 14-N) (see vote tally)
02/06/2017Placed on Calendar
02/06/2017Read first time
02/06/2017Referred to Committee for Courts of Justice
02/08/2017Assigned Courts sub: Civil Law
02/13/2017Subcommittee recommends reporting with amendment (9-Y 0-N)
02/20/2017Reported from Courts of Justice with amendment (21-Y 0-N) (see vote tally)
02/21/2017Read second time
02/22/2017Read third time
02/22/2017Committee amendment agreed to
02/22/2017Engrossed by House as amended
02/22/2017Passed House with amendment BLOCK VOTE (100-Y 0-N)
02/22/2017VOTE: BLOCK VOTE PASSAGE (100-Y 0-N) (see vote tally)
02/23/2017House amendment agreed to by Senate (36-Y 4-N) (see vote tally)
02/23/2017Reconsideration of House amendment agreed to by Senate (40-Y 0-N) (see vote tally)
02/23/2017House amendment agreed to by Senate (33-Y 7-N) (see vote tally)
03/07/2017Enrolled
03/07/2017Bill text as passed Senate and House (SB1342ER)
03/07/2017Signed by Speaker
03/10/2017Signed by President
03/13/2017Enrolled Bill Communicated to Governor on 3/13/17
03/13/2017G Governor's Action Deadline Midnight, March 27, 2017
03/20/2017G Approved by Governor-Chapter 657 (effective 7/1/17)
03/20/2017G Acts of Assembly Chapter text (CHAP0657)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 1 clip in all, totaling 8 minutes.

Transcript

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



Sen. Creigh Deeds (D-Bath): PARTNER IN THE OVERALL HEALTH OF THE PATIENT IS NOT THE PRACTITIONER TREATING THE PATIENT FOR THE QUALIFYING CONDITION. AND AS I EXPLAINED TO YOU YESTERDAY, THIS BILL WAS BROUGHT TO ME BY A LADY WHO WAS KIDNAPPED BY A SERIAL KILLER. SHE WAS KIDNAPPED FROM A PARKING BUILDING, AND SHE HAS A PARTICULAR ISSUE WITH PARKING. SHE SEES A LICENSED CLINICAL SOCIAL WORKER, AND I GUESS IN AN IDEAL WORLD, SHE WOULD SEE HER DOCTOR AS WELL ON A REGULAR BASIS, BUT WE DON'T LIVE IN AN IDEAL WORLD AND THIS IS WHERE SHE GETS HER CARE.

[Unknown]: THANK YOU, SENATOR. SENATOR FROM FAVOLA.

Sen. Creigh Deeds (D-Bath): THANK YOU, MR. PRESIDENT, SPEAKING TO THE MOTION THAT THE BILL PASS.

[Unknown]: SENATOR HAS THE FLOOR. I ENCOURAGE THE LADIES AND GENTLEMEN OF THE SENATE TO SUPPORT THIS MEASURE. I JUST REMIND THE SENATE THAT THERE ARE SEVERAL MEDICAL PROFESSIONALS WHO CAN ACTUALLY MAKE THIS DETERMINATION ABOUT WHETHER A HANDICAPPED PLACARD IS AVAILABLE AND A MENTAL HEALTH PROFESSIONAL WOULD FALL IN LINE WITH THOSE WHO ARE ALREADY QUALIFIED TO MAKE THIS WE HAVE A PHYSICIAN ASSISTANT, A DETERMINATION. NURSE PRACTITIONER, A CHIROPRACTOR AND A PODIATRIST. A MENTAL HEALTH WORKER, I THINK, WOULD CERTAINLY QUALIFY AND BE ABLE TO APPLY THE CRITERIA THAT ALREADY EXISTS IN THE LAW. I DO WANT TO SAY THAT SOME CONSTITUENTS DID VISIT ME AFTER HEARING THE DEBATE ON THE AMENDMENT YESTERDAY AND INDICATED THAT CONDITIONS SUCH AS POSTTRAUMATIC STRESS SYNDROME, AS INDIVIDUALS ARE -- IF THERE'S A TRIGGER THAT GOES OFFER IN THEIR PSYCHE, WHICH COULD CAUSE PRETTY NEGATIVE BEHAVIOR, PERHAPS IN AN UNLIT GARAGE OR IN A PARKING LOT THAT MAY BE UNLIT, THERE COULD ALSO BE POTENTIAL VICTIMS OF SEXUAL ASSAULT, WHO, BECAUSE OF THE NATURE OF THE ASSAULT OR WHERE IT HAPPENED, CERTAINLY COULD BE PARK IN A PARKING LOT AT THE BACK OF THE LOT. SO THESE ARE JUST SOME REAL LIFE EXAMPLES OF HOW INDIVIDUALS HAVE SITUATIONS THAT CERTAINLY WOULD QUALIFY. THEY SHOULD BE ABLE TO ACHIEVE THE PLACARD BY GOING TO A REASONABLE AND ACCESSIBLE PROCESS, AND MENTAL HEALTH PROVIDERS ARE MUCH MORE ACCESSIBLE THAN OTHER MEDICAL PROFESSIONALS. SO I REALLY URGE THE SENATE TO PASS THIS. THANK YOU. THANK YOU, SENATOR. THE SENATOR FROM HENRICO, SENATOR DUNNAVANT. YES, THANK YOU, MR. PRESIDENT. SPEAK TO THE BILL. THE SENATOR HAS THE FLOOR. SO I THINK WE SHOULD BE VERY, VERY CAREFUL HERE TO NOT DISPLACE OUR EMPATHY FOR PEOPLE WHO MIGHT NEED THE PLACARD WITH WHAT IS GOING ON IN THIS PIECE OF LEGISLATION. I THINK EVERYBODY IN THIS BODY IS VERY EMPATHETIC TO THE NEEDS OF SOMEBODY THAT MIGHT HAVE MORE THAN PHYSICAL ISSUES THAT MAKE IT DIFFICULT FOR THEM TO PARK IN DISTANT PLACES. WHAT THIS BILL IS DOING IS MAKING A DRAMATIC CHANGE IN WHO HAS THE ABILITY TO MAKE THAT DESIGNATION, AND TO MY KNOWLEDGE, MENTAL HEALTH PROFESSIONAL IS NOT VERY CLEARLY DEFINED IN THE CODE IN ANY WAY. IS IT POSSIBLE THAT CSB PROVIDERS COULD WRITE THESE -- YOU KNOW, COULD FILL OUT THESE REQUESTS FOR THE BLACK -- PLACARD? I THINK WE HAVE A PROCESS THAT IS IN PLACE WITH HEALTH PROFESSIONALS THAT ARE PERFECTLY CAPABLE OF FILLING OUT THIS FORM AND SUBMITTING THE INFORMATION AND IN THIS CASE, YOU KNOW, WE MAY JUST CONSIDER LETTING EVERYBODY FILL OUT THEIR OWN IF WE'RE GOING TO MAKE IT SO GENERAL AS TO SAY MENTAL HEALTH PROVIDERS. THANK YOU, MR. PRESIDENT. THANK YOU, SENATOR. THE SENIOR SENATOR FROM BATH COUNTY, SENATOR DEEDS.

Sen. Creigh Deeds (D-Bath): MR. CHAIR, THE REASON THE AMENDMENT WAS DRAWN THE WAY IT WAS WAS MENTAL HEALTH PROFESSIONAL, WHICH IS WHAT THE AMENDMENT REFERS TO, THE SUBSTITUTE REFERS TO, IS DEFINED IN 54.1-2400.1. IT INCLUDES LICENSED PROFESSIONAL COUNSELORS, LICENSED CLINICAL SOCIAL WORKERS, LICENSED CLINICAL PSYCHOLOGISTS AND OTHER PEOPLE WHO ARE LICENSED, AND SO IT'S VERY WELL DEFINED IN THE CODE OF VIRGINIA, AND I WOULD SUGGEST THAT THE DIFFERENCE AND THAT AND MENTAL HEALTH PROVIDERS, WHICH IS ALSO DEFINED IN THE CODE IS THAT A PROFESSIONAL IS SOMEONE WHO IS LICENSED, LIKE THE OTHER PEOPLE WHO ARE AUTHORIZED TO SIGN THESE CONSENT FORMS IN THE CODE. AND I WOULD ASK YOU TO PASS THE BILL.

[Unknown]: THANK YOU, SENATOR. THE SENATOR FROM ROCKINGHAM, SENATOR OBENSHAIN.

Sen. Mark Obenshain (R-Harrisonburg): MR. PRESIDENT, I WOULD ASK IF THE GENTLEMAN WOULD YIELD FOR A QUESTION.

[Unknown]: WOULD THE SENATOR FROM BATH USED FOR A QUESTION?

Sen. Mark Obenshain (R-Harrisonburg): MR. PRESIDENT, I WOULD ASK WHETHER MENTAL HEALTH CARE PROFESSIONALS INCLUDES ALL LICENSED HEALTH CARE PROFESSIONALS.

[Unknown]: THE SENATOR FROM BATH. MORE THAN 70% OF PSYCHOTROPIC MEDICATION IN THIS COUNTRY IS PRESCRIBED BY GENERAL PRACTITIONERS, SO I WOULD THINK IT COULD APPLY TO ANYONE WHO IS LICENSED, YES. MR. PRESIDENT. SENATOR FROM ROCKINGHAM. I WOULD FURTHER ASK WHETHER OR NOT HE'D YIELD FOR A FURTHER QUESTION. YES, SIR. WOULD IT APPLY TO NURSES? SENATOR FROM BATH. I'M NOT CERTAIN WHETHER IT WOULD APPLY TO NURSES, BUT I KNOW THE LICENSED NURSE PRACTITIONERS ARE ALREADY ALLOWED TO SIGN THESE CONSENT FORMS. SENATOR FROM ROCKINGHAM. FURTHER QUESTION. IF THE GENTLEMAN IS NOT SURE WHETHER IT WOULD APPLY TO NURSES, WHO ARE LICENSED NURSES IN A -- PRACTICING IN A MENTAL HEALTH CARE CLINICAL SETTING, I WONDER WHETHER THE GENTLEMAN COULD TELL US WHETHER IT WOULD APPLY TO LICENSED PRACTICAL NURSES OR EVEN CNA'S. THE SENATOR FROM BATH. I WOULD SAY TO THE GENTLEMAN THAT CODE SECTION REFERRED TO 54.1, 2001, BREAKS DOWN PROFESSIONALS AND SEPARATES PROFESSIONALS FROM PROVIDERS, AND PROFESSIONALS ARE LICENSED CLINICAL COUNSELORS, LICENSED CLINICAL SOCIAL WORKERS, LICENSED CLINICAL PSYCHOLOGISTS, LICENSED DOCTORS OF MEDICINE OR AS A MENTAL HEALTH PROFESSIONAL. OSTEOPATHIC MEDICINE QUALIFIED SO THAT PART IS PRETTY SIGNIFICANT. THE OTHER PEOPLE MAY BE PROVIDERS, BUT THEY'RE NOT COVERED IN THIS BILL. SENATOR FROM ROCKINGHAM. THE LIST THAT THE GENTLEMAN JUST READ, IT'S DEFINING THE TERM WITH THE TERM THAT'S IN THE DEFINITION, LICENSED MENTAL HEALTH PROFESSIONALS. MR. PRESIDENT, I JUST WOULD SUBMIT THAT WE HAVE NO IDEA WHAT THIS OPENS IT UP TOO, AND I JUST WOULD SUBMIT THAT THIS IS NOT A PRUDENT MOVE.

Del. Bill Howell (R-Fredericksburg): THANK YOU, SENATOR. THE QUESTION IS, SHALL SENATE BILL 1077 PASS. 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 SENATORS DESIRE TO CHANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.

[Unknown]: AYES 20, NOS 20. AYES 20, NOS 20. THE CHAIR VOTES YES. THE BILL PASSES. SENATE BILL 1395, A BILL RELATING TO SMALL RENEWABLE ENERGY PRODUCTS, ENVIRONMENTAL PERMITS BY RULE PROCESS. THE SENIOR SENATOR FROM VIRGINIA BEACH, SENATOR WAGNER.

Sen. Frank Wagner (R-Virginia Beach): THANK YOU, MR. PRESIDENT. SENATE BILL 1395 MODIFIES THE EXISTING PERMIT BY RULE FOR RENEWABLE ENERGY PROJECTS AROUND THE STATE. IT INCREASES THE PERMIT BY RULE LIMITATION TO 150 MEGAWATTS, AND IT'S BEEN AS A RESULT OF A COMMISSION OR GROUP OF STAKEHOLDERS FROM ALL SIDES IT'S ONE OF THEIR AGREEMENT GETTING TOGETHER. PROJECTS. WITH THAT EXPLANATION, I ASK THE BILL PASS.

Del. Bill Howell (R-Fredericksburg): THANK YOU, SENATOR. THE QUESTION IS, SHALL SENATE BILL 1395 PASS. 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 SENATORS DESIRE TO CHANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.