01/16/2018 Senate Proceedings

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Minutes

Called to order at 12 m. by Lt. Governor Justin E. Fairfax

Prayer offered by The Reverend ReNee R. Teague, Enon United
Methodist Church, Mechanicsville, Virginia

ROLL CALL OF MEMBERS: quorum present

Motion of Senator Saslaw dispensed with reading of Journal (34?Y
4?N)

BILLS REPORTED

From General Laws and Technology: SB 173A rereferred to
Finance, 192 rereferred to Finance, 252, 279, 318A, 319, 386, 428, 443, 445
rereferred to Finance, 471 rereferred to Finance

BILLS REREFERRED

From General Laws and Technology: SB 143 rereferred to
Education and Health, 225 rereferred to Education and Health, 226 rereferred to
Education and Health, 265 rereferred to Agriculture, Conservation and Natural
Resources, 347 rereferred to Education and Health, 419 rereferred to Commerce
and Labor, 429 rereferred to Local Government

MESSAGE FROM HOUSE: House agreed to HJ 132 (Election of
Circuit Court Judges, General District Court Judges, Juvenile and Domestic
Relations District Court Judges, A Member of the State Corporation Commission,
and a Member of the Virginia Workers Compensation Commission)

Bills and resolutions presented, ordered printed and referred under
Senate Rules 11(b) and (26)g: see January 17 Senate Calendar

SR 11, 12 and 13 offered by Senator Obenshain

SR 14 and 15 offered by Senator Wagner

HJ 132 - Rules suspended, taken up for immediate consideration (40?Y
0?N), readings waived, agreed to by Senate (40?Y 0?N), House
informed

On motion of Senator Saslaw, the Senate recessed at 12:27 p.m. to
reconvene at 1:00 p.m.

The Senate reconvened at 1:00 p.m.

Joint order pursuant to HJ 132

SR 11 - Rules suspended, committee discharged, readings waived,
taken up for immediate consideration (40?Y 0?N), engrossed, agreed
to (voice vote)

SR 12 - Rules suspended, committee discharged, readings waived,
taken up for immediate consideration (40?Y 0?N), engrossed, agreed
to (voice vote)

SR 13 - Rules suspended, committee discharged, readings waived,
taken up for immediate consideration (40?Y 0?N), Ruff floor
amendment agreed to by Senate, engrossed, agreed to (voice vote)

SR 14 - Rules suspended, committee discharged, readings waived,
taken up for immediate consideration (40?Y 0?N), engrossed, agreed
to (voice vote)

SR 15 - Rules suspended, committee discharged, readings waived,
taken up for immediate consideration (40?Y 0?N), engrossed, agreed
to (voice vote)

House informed that nominations have been made pursuant to HJ 132

MESSAGE FROM HOUSE: Nominations have been made pursuant to HJ 132
(Election of Circuit Court Judges, General District Court Judges, Juvenile and Domestic
Relations District Court Judges, A Member of the State Corporation Commission,
and a Member of the Virginia Workers Compensation Commission)

ELECTION OF CIRCUIT COURT JUDGES, GENERAL DISTRICT COURT JUDGES,
JUVENILE AND DOMESTIC RELATIONS DISTRICT COURT JUDGES, A MEMBER OF THE STATE
CORPORATION COMMISSION, AND A MEMBER OF THE VIRGINIA WORKERS COMPENSATION
COMMISSION

Circuit Court Judges (38?Y 0?N), reconsidered (39-Y
0-N), Agreed to (39-Y 0-N)

Second Judicial Circuit: Stephen C. Mahan

Third Judicial Circuit: Kenneth R. Melvin

Twelfth Judicial Circuit: Frederick G. Rockwell, III

Thirteenth Judicial Circuit: Beverly W. Snukals

Nineteenth Judicial Circuit: Michael F. Devine

Nineteenth Judicial Circuit: Brett A. Kassabian

Twenty-third Judicial Circuit: William D. Broadhurst

Twenty-third Judicial Circuit: Charles N. Dorsey

Twenty-fifth Judicial Circuit: Joel R. Branscom

Twenty-ninth Judicial Circuit: Michael Lee Moore

General District Court Judges (40?Y 0?N)

First Judicial District: Michael R. Katchmark

Second Judicial District: Daniel R. Lahne

Judicial District 2-A: Gordon S. Vincent

Third Judicial District: Roxie O. Holder

Fourth Judicial District: S. Clark Daugherty

Sixth Judicial District: Bruce A. Clark, Jr.

Twelfth Judicial District: Thomas L. Vaughn

Fourteenth Judicial District: L. Neil Steverson

Nineteenth Judicial District: Lisa A. Mayne

Nineteenth Judicial District: Mark C. Simmons

Twentieth Judicial District: J. Frank Buttery, Jr.

Twentieth Judicial District: Deborah C. Welsh

Twenty-second Judicial District: George A. Jones, Jr.

Twenty-fourth Judicial District: Sam D. Eggleston, III

Twenty-sixth Judicial District: W. Dale Houff

Twenty-seventh Judicial District: J. D. Bolt

Twenty-eighth Judicial District: V. Blake McKinney

Thirty-first Judicial District: William E. Jarvis

Juvenile and Domestic Relations District Court Judges (40?Y 0?N)

Second Judicial District: Tanya Bullock

Seventh Judicial District: Barry G. Logsdon

Ninth Judicial District: Wade A. Bowie

Ninth Judicial District: Cressondra B. Conyers

Eleventh Judicial District: Valentine W. Southall, Jr.

Twelfth Judicial District: J. David Rigler

Thirteenth Judicial District: Ashley K. Tunner

Fourteenth Judicial District: Margaret W. Deglau

Fourteenth Judicial District: Rondelle D. Herman

Fourteenth Judicial District: Randall G. Johnson, Jr.

Sixteenth Judicial District: Ronald L. Morris

Sixteenth Judicial District: Frank W. Somerville

Nineteenth Judicial District: Gayl Branum Carr

Nineteenth Judicial District: Glenn L. Clayton, II

Twenty-second Judicial District: Sarah A. Rice

Twenty-second Judicial District: Brian H. Turpin

Twenty-fourth Judicial District: H. Cary Payne

Twenty-seventh Judicial District: H. Lee Chitwood

Twenty-seventh Judicial District: Monica D. Cox

A Member of the State Corporation Commission (40?Y 0?N)

Judith Williams Jagdmann

A Member of the Virginia Workers Compensation Commission (40?Y
0?N)

Wesley G. Marshall

Reading of report waived (39-Y 0?N)

CALENDAR

UNCONTESTED CALENDAR

SENATE BILLS ON THIRD READING

SB 76 - Read third time and passed Senate block vote (40-Y 0-N),
Reconsideration of block vote agreed to by Senate (40-Y 0-N), Passed by for day

SB 103 - Read third time and passed Senate block vote (40-Y 0-N),
Reconsideration of block vote agreed to by Senate (40-Y 0-N), Passed Senate
block vote (39-Y 1-N)

SB 227 - Read third time and passed Senate block vote (40-Y 0-N),
Reconsideration of block vote agreed to by Senate (40-Y 0-N), Passed Senate
block vote (39-Y 1-N)

SB 269 - Read third time and passed Senate block vote (40-Y 0-N),
Reconsideration of block vote agreed to by Senate (40-Y 0-N), Passed Senate
block vote (39-Y 1-N)

SB 287 - Read third time and passed Senate block vote (40-Y 0-N),
Reconsideration of block vote agreed to by Senate (40-Y 0-N), Passed by for day

SB 295 - Read third time and passed Senate block vote (40-Y 0-N),
Reconsideration of block vote agreed to by Senate (40-Y 0-N), Passed by for day

SB 304 - Read third time and passed Senate block vote (40-Y 0-N),
Reconsideration of block vote agreed to by Senate (40-Y 0-N), Passed by for day

REGULAR CALENDAR

SENATE BILL ON THIRD READING

SB 134 - Read third time and defeated by Senate (30-Y 10-N,
Requires 32 affirmative votes for passage)

UNCONTESTED CALENDAR

SENATE BILLS ON SECOND READING

SB 330 - Read second time, Committee amendment rejected (voice
vote), Dunnavant floor substitute agreed to (voice vote), Engrossed by Senate
block vote (voice vote)

SB 89 - Read second time, Engrossed by Senate block vote (voice
vote)

SB 121 - Read second time, Committee amendments agreed to (voice
vote), Engrossed by Senate block vote (voice vote)

SB 174 - Read second time, Committee amendment agreed to (voice
vote), Engrossed by Senate block vote (voice vote)

SB 218 - Read second time, Committee substitute agreed to (voice
vote), Engrossed by Senate block vote (voice vote)

SB 306 - Read second time, Committee amendments agreed to (voice
vote), Engrossed by Senate block vote (voice vote)

SB 340 - Read second time, Committee amendments agreed to (voice
vote), Engrossed by Senate block vote (voice vote)

SB 382 - Read second time, Engrossed by Senate block vote (voice
vote)

SB 450 - Read second time, Engrossed by Senate block vote (voice
vote)

SB 470 - Read second time, Engrossed by Senate block vote (voice
vote)

REGULAR CALENDAR

SENATE BILLS ON SECOND READING

SB 36 - Read second time, Engrossed by Senate (voice vote)

SB 61 - Read second time, Committee amendments agreed to (voice
vote), Engrossed by Senate (voice vote)

SB 81 - Read second time, Committee amendment agreed to (voice
vote), Engrossed by Senate (voice vote)

SB 267 - Read second time, Committee amendment agreed to (voice
vote), Engrossed by Senate (voice vote)

SB 344 - Read second time, Peake floor substitute agreed to (voice
vote), Engrossed by Senate (voice vote)

UNCONTESTED CALENDAR

SENATE BILL ON FIRST READING

SB 669 - Read first time

REGULAR CALENDAR

SENATE BILL ON FIRST READING

SB 105 - Read first time

On motion of Senator Newman, the Senate adjourned at 2:15 p.m. to
convene Wednesday, January 17, 2018 at 12 m. 

 

 


Legislative Information System

Transcript

What follows is a transcript of this day’s session that was created as closed-captioning text, written in real time during the session. We have made an effort to automatically clean up the text, but it is far from perfect.

[Unknown]
Motion say eye? >> Though opposed no. Bill is engrossed and passed. >> House bill 1876, a bill to amend and reenact sections of the code of Virginia relating to sterilization operations for persons capable of informed consent, waiting period. Report from the committee on health Bell fair and institutions on January 17th and report from the same committee on January 29th.
[Unknown]
The gentleman from Richmond city, Ms. Mcclelland. >> Under current law, if you have had a child or adopted a child and want to be sterilized, that can happen immediately. If you have never had a child or adopted a child and want stare stare -- sterilized, there is waiting period. This bill removes that waiting period. I ask the bill be engrossed and passed to third reading. >> Mr. Marshall. >> Gentle lady yield for a question?
[Unknown]
Gentlewoman yield?
[Unknown]
I do. >> Gentlewoman yields.
[Unknown]
What is the burden waiting 30 days if you're 18 years old to permanently oo polish -- abolish your ability to have children? In other words, what's wrong with a 30-day wait? >> Mr. Speaker, I would answer the gentleman by saying that the general assembly has made a policy decision long ago that if you are 18 years of age, you are an adult capable of making decisions and living with the consequences of those decisions. If you are 18 years old, the fact of whether or not you have had a child should not be the sole determining factor of whether you have to wait 30 days.
[Unknown]
Further question? >> Will the gentlewoman yield? >> I yield.
[Unknown]
Gentlewoman yields.
[Unknown]
Well, apparently left out in the recitation was the current condition in there. This was put in there, presumably, to give pause to an individual who May be thinking short-term but experiencing long-term consequences. For example, if this is done under public assistance, would a reversal of the sterilization also be allowed under some form of public assistance?
[Unknown]
Mr. Speaker, I would answer the gentleman, I assume he is talking about what happens if you were on medicaid. Medicaid law, which will not be affected by this bill, first, medicaid will not pay for sterilization if its sole purpose is for preventing pregnancy. Second of all, medicaid rules will not pay for sterilization for anyone under the age of 21, and medicaid does require a waiting period for anyone seeking to be sterilized, whether they have had children or not. >> Further question.
[Unknown]
Will the gentlewoman yield? >> Yes. >> Gentlewoman yields.
[Unknown]
The affordable care act has a provision in it which mandates that employers must provide insurance for abortion pills, birth control, which you can get for $9 at wal-mart per month, and sterilization. So this is independent of that. More over, you May be a dependent person, you May be 18 years old on your parents' policy and be, quote, eligible under the new law. So does not that give pause to the gentle lady to reflect about this, because it's not medicaid. It's a mandate which is placed on churches, not profits and for-profit organization.
[Unknown]
Mr. Speaker, I would say the gentleman's problem is really with current law that would allow someone 18 years or older to make the decision about whether or not to be sterilized. Again, all this -- this is a simple policy question. If you believe that people should have to wait 30 days, the fact whether or not they have had a child should not impact whether or not they wait that 30 days. If a doctor wants to require someone to wait 30 days, that doctor can require them to do so. But the state should not mandate based solely on whether someone has had or adopted a child whether or not they should wait 30 days.
[Unknown]
One more question. >> Will the gentlewoman yield?
[Unknown]
I yield. >> Mr. Speaker, we have legislation pending right now dealing with human trafficking, and often such persons are from foreign countries and are in a coercive situation. Wouldn't this rule here allow such persons to be further exploited, so-called safely, to make them pregnancy-free if we're doing this? Whereas if the current law existed, sump -- such persons could not be exploited in that fashion.
[Unknown]
Mr. Speaker, I would answer the gentleman that most victims of human trafficking are under the ages of 18, and this law would not apply to them at all. >> Thank you.
[Unknown]
Thank you. >> Shall the bill be engrossed and passed to third read something as many favor that motion say aye. Those opposed no. Bill is engrossed and passed to