(GenInt) General Interest

HB 963 Pain-Capable Unborn Child Protection Act; created, penalty.

Chief patron: LaRock

Summary as introduced:

Pain-Capable Unborn Child Protection Act; penalty. Creates the Pain-Capable Unborn Child Protection Act (the Act). The Act prohibits an abortion after 20 weeks gestation unless, in reasonable medical judgment, the mother has a condition that so complicates her medical condition as to necessitate the abortion to avert her death or to avert serious risk of substantial and irreversible physical impairment of a major bodily function. When an abortion is not prohibited post-20 weeks' gestation, the physician is required to terminate the pregnancy in a manner that would provide the unborn child the best opportunity to survive. The bill punishes performance of an abortion in violation of the Act as a Class 4 felony. The bill also provides for civil remedies against a physician who performs an abortion in violation of the Act.

01/28/16 House: Impact statement from VDH (HB963)
02/04/16 House: Assigned Courts sub: Constitutional Law
02/10/16 House: Subcommittee recommends reporting with amendment(s) (4-Y 2-N)
02/12/16 House: Continued to 2017 in Courts of Justice
12/01/16 House: Left in Courts of Justice

HB 1395 Same-sex marriages; civil unions.

Chief patron: Sickles

Summary as introduced:
Same-sex marriages; civil unions. Repeals the statutory prohibitions on same-sex marriages and civil unions or other arrangements between persons of the same sex purporting to bestow the privileges and obligations of marriage. These prohibitions are no longer valid due to the United States Supreme Court decision in Obergefell v. Hodges, 576 U.S. ___ (June 26, 2015).

07/18/16 House: Prefiled and ordered printed; offered 01/11/17 17100144D
07/18/16 House: Referred to Committee for Courts of Justice
02/07/17 House: Left in Courts of Justice

HB 1473 Pain-Capable Unborn Child Protection Act; penalty.

Chief patron: LaRock

Summary as introduced:
Pain-Capable Unborn Child Protection Act; penalty. Creates the Pain-Capable Unborn Child Protection Act (the Act). The Act prohibits an abortion after 20 weeks' gestation unless, in reasonable medical judgment, the mother has a condition that so complicates her medical condition as to necessitate the abortion to avert her death or to avert serious risk of substantial and irreversible physical impairment of a major bodily function. When an abortion is not prohibited post-20 weeks' gestation, and if the woman elects to have an abortion, the physician is required to terminate the pregnancy in a manner that would provide the unborn child the best opportunity to survive. The bill punishes performance of an abortion in violation of the Act as a Class 4 felony. The bill also provides for civil remedies against a physician who performs an abortion in violation of the Act.

12/12/16 House: Prefiled and ordered printed; offered 01/11/17 17100649D
12/12/16 House: Referred to Committee for Courts of Justice
12/14/16 House: Impact statement from VCSC (HB1473)
01/13/17 House: Impact statement from VDH (HB1473)
02/07/17 House: Left in Courts of Justice

HB 1612 Physical Privacy Act; created.

Chief patron: Marshall, R.G.

Summary as introduced:
Physical Privacy Act. Creates the Physical Privacy Act, which requires that a government entity provide for members of the opposite sex separate restrooms and other facilities in a building owned, leased, or otherwise controlled by the entity. The bill provides that, subject to certain exceptions, no individual shall enter a restroom or other facility designated for use by members of the opposite sex. The bill creates a civil cause of action against a government entity for an individual who accesses a restroom or other facility designated for use by members of such individual's sex and encounters a member of the opposite sex if the government entity allowed the member of the opposite sex to use such restroom or other facility or failed to take reasonable steps to prohibit such use. The bill also requires that the principal of a public school notify within 24 hours the parent or guardian of a child attending such school if the child requests to be recognized or treated as the opposite sex, to use a name or pronoun inconsistent with the child's sex, or to use a restroom or other facility designated for the opposite sex.

01/03/17 House: Prefiled and ordered printed; offered 01/11/17 17103140D
01/03/17 House: Referred to Committee on General Laws
01/16/17 House: Assigned GL sub: Subcommittee #4
01/19/17 House: Subcommittee recommends laying on the table
02/08/17 House: Left in General Laws

HB 1657 Government Data Collection and Dissemination Practices Act; license plate readers.

Chief patron: Marshall, R.G.

Summary as introduced:
Government Data Collection and Dissemination Practices Act; license plate readers. Codifies an opinion of the Attorney General regarding the Government Data Collection and Dissemination Practices Act by limiting the ability of law-enforcement and regulatory agencies to use license plate readers to collect and maintain personal information on individuals where a warrant has not been issued and there is no reasonable suspicion of criminal activity by the individuals. The bill provides that information collected by a license plate reader without a warrant shall be used only for the investigation of a crime or a report of a missing person and shall be retained only for seven days, after which such information shall be purged unless relevant to an ongoing investigation of a crime or missing person report. The bill also prohibits an agency from acquiring personal information collected from license plate readers from any other agency or a third-party private vendor if the agency would not have been permitted to collect or retain the information on its own.

02/06/17 House: Amendment by Delegate Marshall, R.G. agreed to
02/06/17 House: Engrossed by House as amended HB1657E
02/06/17 House: Printed as engrossed 17103275D-E
02/07/17 House: Read third time and defeated by House (30-Y 67-N)
02/07/17 House: VOTE: DEFEATED (30-Y 67-N)

HB 1667 Public contracts; gender identity, civil liability.

Chief patron: Marshall, R.G.

Summary as introduced:
Public contracts; civil liability; gender identity; sexual orientation. Prohibits agencies of the Commonwealth and other public bodies from requiring any contractor entering into a public contract to agree to additional nondiscrimination provisions with respect to gender identity or sexual orientation. The bill also provides civil immunity for any business or nonprofit organization that does not provide any benefit or accommodation with respect to gender identity or sexual orientation.

01/05/17 House: Referred to Committee on General Laws
01/11/17 House: Assigned GL sub: Subcommittee #2
01/20/17 House: Impact statement from DPB (HB1667)
01/31/17 House: Subcommittee recommends laying on the table
02/08/17 House: Left in General Laws

HB 1762 Abortion; informed written consent; civil penalty.

Chief patron: Marshall, R.G.

Summary as introduced:

Abortion; informed written consent; civil penalty. Provides that any woman seeking an abortion be provided with a written informed consent form at least 24 hours before the performance of the abortion. The bill also provides that such form must contain information regarding the risks of the woman developing placenta previa and placenta accreta in future pregnancies from the performance of a surgical abortion and the attendant consequences of those conditions. The bill increases from $2,500 to $5,000 the civil penalty for a physician who fails to comply with the provisions governing the woman's informed written consent.

01/09/17 House: Prefiled and ordered printed; offered 01/11/17 17103836D
01/09/17 House: Referred to Committee for Courts of Justice
01/13/17 House: Impact statement from VDH (HB1762)
02/07/17 House: Left in Courts of Justice

HB 1866 Issuance of temporary licenses, permits, or special identification cards; requirements.

Chief patron: Lopez

Summary as introduced:
Issuance of temporary licenses, permits, or special identification cards; requirements. Allows the issuance of a temporary driver's license, permit, or special identification card to an applicant presenting valid documentary evidence that a federal court or federal agency having jurisdiction over immigration has authorized the applicant to be in the United States for a period of at least 30 days from the date of application.

01/10/17 House: Referred to Committee on Transportation
01/17/17 House: Impact statement from DPB (HB1866)
01/20/17 House: Assigned Transportation sub: Subcommittee #2
01/23/17 House: Subcommittee recommends laying on the table
02/07/17 House: Left in Transportation

HB 1932 Virginia Freedom of Information (FOIA) Advisory Council; terms of nonlegislative citizen members.

Chief patron: Carr

Summary as passed House:

Virginia Freedom of Information (FOIA) Advisory Council; terms of nonlegislative citizen members. Clarifies that at the end of the appointed term of a nonlegislative citizen member of the FOIA Advisory Council, the nonlegislative citizen member shall continue to serve until a successor is appointed. This bill is a recommendation of the Virginia Freedom of Information Advisory Council.

02/16/17 House: Signed by Speaker
02/17/17 Senate: Signed by President
02/17/17 House: Enrolled Bill communicated to Governor on 2/17/17
02/17/17 Governor: Governor's Action Deadline Midnight, February 24, 2017
02/21/17 Governor: Approved by Governor-Chapter 141 (effective 7/1/17)

HB 2011 Discrimination; separation of the sexes.

Chief patron: Marshall, R.G.

Summary as introduced:
Discrimination; separation of the sexes. Provides that recognition by any entity of the inherent differences between males and females, including the biological characteristics or qualities that distinguish an individual as either male or female as determined at birth, and the mere separation of the sexes by such entity based on such differences shall not constitute discrimination, provided that such separation is consistent with Article I, Section 11 of the Constitution of Virginia. The bill also provides that any local ordinance that likewise recognizes such inherent differences does not constitute discrimination. The bill permits local school boards to enact policies prohibiting discrimination in education based on race, color, religion, sex, pregnancy, childbirth or related medical conditions, national origin, age, marital status, or disability, provided that a policy that recognizes the inherent differences between males and females and the mere separation of the sexes by such policy based on such differences shall not constitute discrimination, provided that such separation is consistent with Article I, Section 11 of the Constitution of Virginia.

01/10/17 House: Prefiled and ordered printed; offered 01/11/17 17103143D
01/10/17 House: Referred to Committee on General Laws
01/13/17 House: Impact statement from DHCD (HB2011)
01/16/17 House: Assigned GL sub: Subcommittee #4
02/08/17 House: Left in General Laws

HB 2025 Religious freedom; solemnization of marriage.

Chief patron: Freitas

Summary as passed House:

Religious freedom; solemnization of marriage. Provides that no person shall be (i) required to participate in the solemnization of any marriage or (ii) subject to any penalty by the Commonwealth, or its political subdivisions or representatives or agents, solely on account of such person's belief, speech, or action in accordance with a sincerely held religious belief or moral conviction that marriage is or should be recognized as the union of one man and one woman. The bill defines "person" as any (a) religious organization; (b) organization supervised or controlled by or operated in connection with a religious organization; (c) individual employed by a religious organization while acting in the scope of his paid or volunteer employment; (d) successor, representative, agent, agency, or instrumentality of any of the foregoing; or (e) clergy member or minister. The bill also defines "penalty."

02/16/17 Senate: Reconsideration of Senate passage agreed to by Senate (40-Y 0-N)
02/16/17 Senate: Passed Senate with amendments (21-Y 19-N)
02/20/17 House: Placed on Calendar
02/20/17 House: Senate amendments agreed to by House (54-Y 38-N)
02/20/17 House: VOTE: ADOPTION (54-Y 38-N)

HB 2057 Discrimination; prohibited in private or public employment.

Chief patron: Kory

Summary as introduced:
Prohibited discrimination in employment. Prohibits discrimination in private or public employment based on sexual orientation or status as a veteran. The bill provides that under the Virginia Human Rights Act, such discrimination is actionable if the violating employer has more than five but less than 15 employees. The bill defines "sexual orientation" as a person's actual or perceived heterosexuality, bisexuality, homosexuality, or gender identity or expression. The bill expressly provides that "sexual orientation" does not include any person's attraction toward persons with whom sexual conduct would be illegal due to the age of the parties. The bill also conforms various provisions prohibiting discrimination in public employment based on race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, disability, or veteran status. The bill contains technical amendments.

01/10/17 House: Referred to Committee on General Laws
01/16/17 House: Assigned GL sub: Subcommittee #4
01/18/17 House: Impact statement from DPB (HB2057)
01/26/17 House: Subcommittee failed to recommend reporting (2-Y 5-N)
02/08/17 House: Left in General Laws

HB 2060 Birth control; definition.

Chief patron: Watts

Summary as introduced:
Birth control; definition. Adds a definition of birth control: "Birth control" means contraceptive methods that are approved by the U.S. Food and Drug Administration. Birth control shall not be considered abortion for the purposes of Title 18.2.

01/10/17 House: Prefiled and ordered printed; offered 01/11/17 17101932D
01/10/17 House: Referred to Committee for Courts of Justice
01/16/17 House: Impact statement from VDH (HB2060)
02/07/17 House: Left in Courts of Justice

HB 2129 Virginia Human Rights Act; prohibits discrimination in employment.

Chief patron: Levine

Summary as introduced:
Virginia Human Rights Act; public employment, public accommodation, and housing; prohibited discrimination; sexual orientation. Prohibits discrimination in employment and public accommodation on the basis of sexual orientation. The bill defines "sexual orientation" as a person's actual or perceived heterosexuality, bisexuality, homosexuality, or gender identity or expression. The bill expressly provides that "sexual orientation" does not include any person's attraction toward persons with whom sexual conduct would be illegal due to the age of the parties. The bill also codifies existing prohibited discrimination in public employment on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, disability, or status as a veteran. The bill also adds discrimination based on sexual orientation or gender identity as an unlawful discriminatory housing practice. The bill contains technical amendments.

01/11/17 House: Referred to Committee on General Laws
01/16/17 House: Assigned GL sub: Subcommittee #4
01/18/17 House: Impact statement from DPB (HB2129)
01/19/17 House: Subcommittee failed to recommend reporting (2-Y 5-N)
02/08/17 House: Left in General Laws

HB 2186 Whole Woman's Health Act; performance of abortions.

Chief patron: Boysko

Summary as introduced:
Whole Woman's Health Act; performance of abortions. Provides that a woman has a fundamental right to obtain a lawful abortion and that no statute or regulation shall be construed to prohibit the performance of an abortion prior to viability or if necessary to protect the life or health of the woman. The bill also provides that any statute that places a burden on a woman's access to abortion without conferring any legitimate health benefit is unenforceable. The bill expands who can perform first trimester abortions from physicians to any health care providers licensed by the Board of Medicine or the Board of Nursing. The bill eliminates the requirement that second trimester abortions be performed in a licensed hospital. The bill eliminates the requirement that two other physicians certify that a third trimester abortion is necessary to prevent the woman's death or impairment of her mental or physical health as well as the need to find that the woman's health would be substantially and irremediably impaired. The bill eliminates all the procedures and processes, including the performance of an ultrasound, required to effect a woman's informed written consent to the performance of an abortion; however, the bill does not change the requirement that a woman's informed written consent is first obtained. The bill removes language classifying facilities that perform five or more first trimester abortions per month as hospitals for the purpose of complying with regulations establishing minimum standards for hospitals. The bill also removes the prohibition on the sale of health insurance policies that provide coverage for abortions through an exchange established or operated pursuant to the federal Patient Protection and Affordable Care Act. The provisions of this bill are in response to the U.S. Supreme Court decision in Whole Woman's Health v. Hellerstedt, 136S. Ct. 2292 (2016).

01/11/17 House: Prefiled and ordered printed; offered 01/11/17 17103772D
01/11/17 House: Referred to Committee for Courts of Justice
01/16/17 House: Impact statement from VDH (HB2186)
02/07/17 House: Left in Courts of Justice

HB 2261 Virginia Human Rights Act; unlawful discriminatory practice, definition of anti-Semitism.

Chief patron: LaRock

Summary as introduced:
Virginia Human Rights Act; unlawful discriminatory practice; anti-Semitism. Provides that the terms "because of religion" and "on the basis of religion," and terms of similar import when used in reference to discrimination in the Code of Virginia and acts of the General Assembly, include anti-Semitism. The bill requires the board of visitors of public institutions of higher education to establish policies or institutional regulations prohibiting discrimination on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, or disability in compliance with state and federal law. In addition, the bill (i) codifies the definition of "anti-Semitism" established by the U.S. Department of State and (ii) provides for the investigating authority to consider the definition when investigating alleged violations of unlawful discriminatory practice on the basis of a person's real or perceived Jewish identity.

01/11/17 House: Prefiled and ordered printed; offered 01/11/17 17103624D
01/11/17 House: Referred to Committee on General Laws
01/14/17 House: Impact statement from DPB (HB2261)
02/08/17 House: Left in General Laws

HB 2264 Department of Health; restrictions on expenditure of funds related to abortions and family planning.

Chief patron: Cline

Summary as introduced:
Department of Health; restrictions on expenditure of funds related to abortions and family planning services. Prohibits the Department of Health from spending any funds on an abortion that is not qualified for matching funds under the Medicaid program or providing any grants or other funds to any entity that performs such abortions. The bill also prioritizes the types of entities that the Department of Health contracts with or provides grants to for family planning services.

02/16/17 House: Signed by Speaker
02/17/17 Senate: Signed by President
02/17/17 House: Enrolled Bill communicated to Governor on 2/17/17
02/17/17 Governor: Governor's Action Deadline Midnight, February 24, 2017
02/21/17 Governor: Vetoed by Governor

HB 2286 Abortion; informed written consent.

Chief patron: Ward

Summary as introduced:
Abortion; informed written consent. Provides that a woman seeking an abortion may waive in writing any requirement establishing a mandatory time period or mandating that a physician provide to or review with the woman specific information or materials before an abortion may be performed. The bill requires that a copy of such waiver be maintained in the woman's medical records. The bill also provides that, regardless of any waiver, a physician is still obligated to satisfy the applicable standard of care.

01/11/17 House: Presented and ordered printed 17103735D
01/11/17 House: Referred to Committee for Courts of Justice
01/16/17 House: Impact statement from VDH (HB2286)
02/07/17 House: Left in Courts of Justice

HB 2296 African Americans, formerly enslaved; identification of history in Virginia.

Chief patron: McQuinn

Summary as passed House:

Virginia Foundation for the Humanities; identification of the history of formerly enslaved African Americans in Virginia. Directs the Virginia Foundation for the Humanities to identify the history of formerly enslaved African Americans in Virginia and determine ways to preserve the history for educational and cultural purposes. Among other things, the Foundation would promote the identification, preservation, and conservation of historic sites significant to the history, presence, and contributions of formerly enslaved African Americans in Virginia; identify the contributions of African Americans to Virginia, the nation, and the world; and identify historical sites significant to African American history in Virginia; and recommend ways to increase tourism and revenues associated with such sites. The bill creates a task force consisting of legislative and nonlegislative members to assist the Foundation in its work. The provisions of the bill are contingent on funding in a general appropriation act.

02/21/17 House: VOTE: ADOPTION (97-Y 0-N)
02/21/17 House: Senate amendment #3 rejected by House (0-Y 96-N)
02/21/17 House: VOTE: REJECTED (0-Y 96-N)
02/22/17 Senate: Senate insisted on amendment #3 (39-Y 0-N)
02/22/17 Senate: Senate requested conference committee

HJ 538 Constitutional amendment marriage; marriage (first reference.)

Chief patron: Sickles

Summary as introduced:
Constitutional amendment (first resolution); marriage. Proposes the repeal of the constitutional amendment dealing with marriage that was approved by referendum at the November 2006 election. That amendment to the Bill of Rights (i) defines marriage as "only a union between one man and one woman"; (ii) prohibits the Commonwealth and its political subdivisions from creating or recognizing "a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance, or effects of marriage"; and (iii) prohibits the Commonwealth or its political subdivisions from creating or recognizing "another union, partnership, or other legal status to which is assigned the rights, benefits, obligations, qualities, or effects of marriage." The provisions of this section of the Constitution of Virginia are no longer valid as a result of the United States Supreme Court decision in Obergefell v. Hodges, 576 U.S. ___ (June 26, 2015).

07/18/16 House: Prefiled and ordered printed; offered 01/11/17 17100143D
07/18/16 House: Referred to Committee on Privileges and Elections
01/10/17 House: Assigned P & E sub: Constitutional
01/30/17 House: Subcommittee recommends laying on the table
02/08/17 House: Left in Privileges and Elections

HJ 586 Abortion; prosecution of mother not allowed.

Chief patron: Marshall, R.G.

Summary as introduced:
Abortion; prosecution of mother not allowed. Recognizes that Virginia law has never permitted the prosecution of the mother of an aborted child for seeking or consenting to an abortion.

01/04/17 House: Prefiled and ordered printed; offered 01/11/17 17103520D
01/04/17 House: Referred to Committee on Rules
02/07/17 House: Left in Rules

HJ 587 Abortion; prosecution of mother not allowed for self-abortion.

Chief patron: Marshall, R.G.

Summary as introduced:
Abortion; prosecution of mother not allowed for self-abortion. Recognizes that Virginia law has never permitted the prosecution of the mother of an aborted child for performing an abortion on herself.

01/04/17 House: Prefiled and ordered printed; offered 01/11/17 17103522D
01/04/17 House: Referred to Committee on Rules
02/07/17 House: Left in Rules

HJ 588 Abortion; use of contraception not prosecuted.

Chief patron: Marshall, R.G.

Summary as introduced:
Abortion; use of contraception not prosecuted. Recognizes that Virginia law has never permitted the prosecution of an individual for abortion for using legal contraception.

01/04/17 House: Prefiled and ordered printed; offered 01/11/17 17103524D
01/04/17 House: Referred to Committee on Rules
02/07/17 House: Left in Rules

HJ 589 Unborn children; abortion law and personhood.

Chief patron: Marshall, R.G.

Summary as introduced:
Unborn children; abortion law and personhood. Recognizes that Virginia law consistently acknowledged that an unborn child was a person prior to the U.S. Supreme Court's decision in Roe v. Wade regardless of how abortion was punished under the law.

01/04/17 House: Prefiled and ordered printed; offered 01/11/17 17103527D
01/04/17 House: Referred to Committee on Rules
02/07/17 House: Left in Rules

HJ 712 Supporting legislation regarding the Equal Rights Amendment.

Chief patron: Filler-Corn

Summary as introduced:
Supporting legislation regarding the Equal Rights Amendment. Expresses the General Assembly's support of legislation to remove the deadline for the ratification of the Equal Rights Amendment. The resolution would be transmitted to the Virginia Congressional Delegation so that they may be apprised of the sense of the Virginia General Assembly on this matter.

01/11/17 House: Prefiled and ordered printed; offered 01/11/17 17103749D
01/11/17 House: Referred to Committee on Rules
01/31/17 House: Tabled in Rules (15-Y 0-N)

SB 10 Same-sex marriages; civil unions.

Chief patron: Ebbin

Summary as introduced:
Same-sex marriages; civil unions. Repeals the statutory prohibitions on same-sex marriages and civil unions or other arrangements between persons of the same sex purporting to bestow the privileges and obligations of marriage. The prohibition on these relationships contained in Article I, Section 15-A of the Constitution of Virginia is unaffected by this bill.

12/01/15 Senate: Prefiled and ordered printed; offered 01/13/16 16100352D
12/01/15 Senate: Referred to Committee for Courts of Justice
01/27/16 Senate: Continued to 2017 in Courts of Justice (13-Y 1-N)
12/02/16 Senate: Left in Courts of Justice

SB 53 Abortion; removes requirement that a woman undergo ultrasound prior to procedure.

Chief patron: Locke

Summary as introduced:
Ultrasound prior to abortion. Removes the requirement that a woman undergo a fetal transabdominal ultrasound prior to an abortion.

12/16/15 Senate: Prefiled and ordered printed; offered 01/13/16 16101021D
12/16/15 Senate: Referred to Committee on Education and Health
01/15/16 Senate: Impact statement from VDH (SB53)
01/28/16 Senate: Continued to 2017 in Education and Health (8-Y 7-N)
12/02/16 Senate: Left in Education and Health

SB 236 Government Data Collection & Dissemination Practices Act; collection & use of personal information.

Chief patron: Petersen

Summary as introduced:
Government Data Collection and Dissemination Practices Act; collection and use of personal information by law-enforcement agencies. Provides that, unless a criminal or administrative warrant has been issued, law-enforcement and regulatory agencies shall not use surveillance technology to collect or maintain personal information where such data is of unknown relevance and is not intended for prompt evaluation and potential use regarding suspected criminal activity or terrorism by any individual or organization. The bill authorizes law-enforcement agencies to collect information from license plate readers, provided that such information is held for no more than seven days and is not subject to any outside inquiries or internal usage, except in the investigation of a crime or a missing persons report. After seven days, such collected information must be purged from the system unless it is being utilized in an ongoing investigation. The bill also adds to the definition of "personal information," for the purposes of government data collection and dissemination practices, vehicle license plate numbers and information that affords a basis for inferring an individual's presence at any place.

01/06/16 Senate: Prefiled and ordered printed; offered 01/13/16 16102870D
01/06/16 Senate: Referred to Committee on General Laws and Technology
01/28/16 Senate: Assigned GL&T sub: #2
02/08/16 Senate: Continued to 2017 in General Laws and Technology (15-Y 0-N)
12/02/16 Senate: Left in General Laws and Technology

SB 782 Same-sex marriages; civil unions.

Chief patron: Ebbin

Summary as introduced:
Same-sex marriages; civil unions. Repeals the statutory prohibitions on same-sex marriages and civil unions or other arrangements between persons of the same sex purporting to bestow the privileges and obligations of marriage. These prohibitions are no longer valid due to the United States Supreme Court decision in Obergefell v. Hodges, 576 U.S. ___ (June 26, 2015).

07/18/16 Senate: Prefiled and ordered printed; offered 01/11/17 17100125D
07/18/16 Senate: Referred to Committee for Courts of Justice
01/16/17 Senate: Passed by indefinitely in Courts of Justice with letter (10-Y 2-N)

SB 783 Public employment; prohibits discrimination on basis of sexual orientation or gender identity.

Chief patron: Ebbin

Summary as introduced:
Nondiscrimination in public employment. Prohibits discrimination in public employment on the basis of sexual orientation or gender identity, as defined in the bill. The bill also codifies for state and local government employment the current prohibitions on discrimination in employment on the basis of race, color, religion, national origin, sex, pregnancy, childbirth or related medical conditions, age, marital status, disability, or status as a veteran.

01/31/17 House: Read first time
01/31/17 House: Referred to Committee on General Laws
02/06/17 House: Assigned GL sub: Subcommittee #4
02/14/17 House: Subcommittee failed to recommend reporting (2-Y 4-N)
02/21/17 House: Left in General Laws

SB 822 Virginia Fair Housing Law; unlawful discriminatory housing practices, sexual orientation and gender.

Chief patron: Wexton

Summary as introduced:
Virginia Fair Housing Law; unlawful discriminatory housing practices; sexual orientation and gender identity. Adds discrimination on the basis of an individual's sexual orientation or gender identity as an unlawful housing practice. The bill defines sexual orientation and gender identity.

01/31/17 House: Read first time
01/31/17 House: Referred to Committee on General Laws
02/06/17 House: Assigned GL sub: Subcommittee #4
02/14/17 House: Subcommittee failed to recommend reporting (2-Y 4-N)
02/21/17 House: Left in General Laws

SB 990 Electric energy consumption reduction goal; progress reports.

Chief patron: Dance

Summary as passed Senate:

Electric energy consumption reduction goal; progress reports. Directs the Department of Mines, Minerals and Energy, in consultation with the staff of the State Corporation Commission, to report annually, commencing no later than December 15, 2018, on the progress the Commonwealth is making toward meeting the goal adopted in 2007 of reducing the consumption of electric energy by retail customers by the year 2022 by an amount equal to 10 percent of the amount of electric energy consumed by retail customers in 2006. The bill requires the reports to be made to the General Assembly, the Governor, and the Governor's Executive Committee on Energy Efficiency.

02/17/17 House: Reconsideration of House passage agreed to by House
02/17/17 House: Passed House (74-Y 23-N 1-A)
02/17/17 House: VOTE: PASSAGE #2 (74-Y 23-N 1-A)
02/22/17 Senate: Enrolled
02/22/17 Senate: Bill text as passed Senate and House (SB990ER)

SB 1324 Religious freedom; marriage solemnization, participation, and beliefs.

Chief patron: Carrico

Summary as passed Senate:

Religious freedom; solemnization of marriage. Provides that no person shall be (i) required to participate in the solemnization of any marriage or (ii) subject to any penalty by the Commonwealth, or its political subdivisions or representatives or agents, solely on account of such person's belief, speech, or action in accordance with a sincerely held religious belief or moral conviction that marriage is or should be recognized as the union of one man and one woman. The bill defines "person" as any (a) religious organization; (b) organization supervised or controlled by or operated in connection with a religious organization; (c) individual employed by a religious organization while acting in the scope of his paid or volunteer employment; (d) successor, representative, agent, agency, or instrumentality of any of the foregoing; or (e) clergy member or minister.

02/21/17 House: Committee amendment agreed to
02/21/17 House: Engrossed by House as amended
02/21/17 House: Passed House with amendment (55-Y 41-N)
02/21/17 House: VOTE: PASSAGE (55-Y 41-N)
02/22/17 Senate: House amendment rejected by Senate (0-Y 40-N)

SB 1424 Abortion; informed written consent.

Chief patron: Locke

Summary as introduced:
Abortion; informed written consent. Provides that a woman seeking an abortion may waive in writing any requirement establishing a mandatory time period or mandating that a physician provide to or review with the woman specific information or materials before an abortion may be performed. The bill requires that a copy of such waiver be maintained in the woman's medical records. The bill also provides that, regardless of any waiver, a physician is still obligated to satisfy the applicable standard of care.

01/12/17 Senate: Referred to Committee for Courts of Justice
01/17/17 Senate: Impact statement from VDH (SB1424)
01/18/17 Senate: Rereferred from Courts of Justice (14-Y 0-N)
01/18/17 Senate: Rereferred to Education and Health
01/26/17 Senate: Passed by indefinitely in Education and Health (8-Y 7-N)

SB 1545 Income tax, state; credit for budget surplus.

Chief patron: Vogel

Summary as introduced:
Individual income tax credit; return of budget surplus. Requires several actions relating to Virginia taxable income if a general fund surplus is recorded in a fiscal year.

First, the bill establishes a refundable individual income tax credit that is a portion of the general fund surplus for the corresponding fiscal year. If $50 million or more in general fund surplus remains after assignments of the surplus for the Revenue Stabilization Fund, the Virginia Water Quality Improvement Fund, the Transportation Trust Fund, and other mandatory assignments, then a refundable income tax credit would be allowed for the corresponding taxable year equal to the remaining surplus divided by the number of individual income tax returns filed for the most recent taxable year. If less than $50 million in general fund surplus remains after such mandatory assignments, no tax credit would be available and the remaining surplus would be assigned by the Comptroller for nonrecurring expenditures. The credit could be claimed only by those individuals who were required under Virginia law to file an individual income tax return and filed such return.

Second, if actual general fund revenues exceed the official general fund forecast by at least $500 million in a fiscal year, the income tax rate for Virginia taxable income in excess of $17,000 shall be lowered by one-quarter of one percent for the subsequent taxable year, until all income in excess of $5,000 is taxed at a rate of five percent.

Finally, if actual general fund revenues exceed the official general fund forecast by at least $50 million in a fiscal year, the corporate income tax rate shall be lowered by one percent for the subsequent taxable year.

01/20/17 Senate: Presented and ordered printed 17103831D
01/20/17 Senate: Referred to Committee on Finance
01/31/17 Senate: Impact statement from DPB (SB1545)
02/01/17 Senate: Passed by indefinitely in Finance with letter (14-Y 2-N)

SB 1549 Abortions; informed written consent.

Chief patron: Wexton

Summary as introduced:
Performance of abortions; informed written consent. Eliminates all the procedures and processes, including the performance of an ultrasound, required to effect a woman's informed written consent to the performance of an abortion; however, the bill does not change the requirement that a woman's informed written consent be first obtained. The bill reduces from two to one the number of consulting physicians who must certify that a third trimester abortion is necessary to prevent the woman's death or impairment of her mental or physical health and eliminates the need for such physicians to find that the woman's health would be substantially and irremediably impaired. The bill removes language classifying facilities that perform five or more first trimester abortions per month as hospitals for the purpose of complying with regulations establishing minimum standards for hospitals.

01/20/17 Senate: Presented and ordered printed 17103746D
01/20/17 Senate: Referred to Committee on Education and Health
01/23/17 Senate: Impact statement from VDH (SB1549)
01/26/17 Senate: Passed by indefinitely in Education and Health (8-Y 7-N)

SJ 2 Constitutional amendment marriage; marriage (first reference).

Chief patron: Ebbin

Summary as introduced:
Constitutional amendment (first resolution); marriage. Proposes the repeal of the constitutional amendment dealing with marriage that was approved by referendum at the November 2006 election. That amendment to the Bill of Rights (i) defines marriage as "only a union between one man and one woman"; (ii) prohibits the Commonwealth and its political subdivisions from creating or recognizing "a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance, or effects of marriage"; and (iii) prohibits the Commonwealth or its political subdivisions from creating or recognizing "another union, partnership, or other legal status to which is assigned the rights, benefits, obligations, qualities, or effects of marriage." The provisions of this section of the Constitution of Virginia are no longer valid as a result of the United States Supreme Court decision in Obergefell v. Hodges, 576 U.S. ___ (June 26, 2015).

11/24/15 Senate: Prefiled and ordered printed; offered 01/13/16 16100353D
11/24/15 Senate: Referred to Committee on Privileges and Elections
01/19/16 Senate: Continued to 2017 in Privileges and Elections (12-Y 0-N)
12/02/16 Senate: Left in Privileges and Elections

SJ 9 Constitutional amendment; marriage (first reference).

Chief patron: Locke

Summary as introduced:
Constitutional amendment (first resolution); marriage. Proposes the repeal of the constitutional amendment dealing with marriage that was approved by referendum at the November 2006 election. That amendment to the Bill of Rights (i) defines marriage as "only a union between one man and one woman"; (ii) prohibits the Commonwealth and its political subdivisions from creating or recognizing "a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance, or effects of marriage"; and (iii) prohibits the Commonwealth or its political subdivisions from creating or recognizing "another union, partnership, or other legal status to which is assigned the rights, benefits, obligations, qualities, or effects of marriage." The provisions of this section of the Constitution of Virginia are no longer valid as a result of the United States Supreme Court decision in Obergefell v. Hodges, 576 U.S. ___ (June 26, 2015).

12/16/15 Senate: Prefiled and ordered printed; offered 01/13/16 16101019D
12/16/15 Senate: Referred to Committee on Privileges and Elections
01/19/16 Senate: Continued to 2017 in Privileges and Elections (12-Y 0-N)
12/02/16 Senate: Left in Privileges and Elections

SJ 12 Constitutional amendment; qualifications to vote, restoration of civil rights (first reference).

Chief patron: Dance

Summary as introduced:
Constitutional amendment (first resolution); qualifications to vote; restoration of civil rights. Authorizes the General Assembly to provide by law for the restoration of civil rights for persons convicted of nonviolent felonies who have completed service of their sentences subject to the conditions, requirements, and definitions set forth in that law. The present Constitution provides for restoration of rights by the Governor. The amendment retains the right of the Governor to restore civil rights and adds an alternative for restoration of rights pursuant to law for nonviolent felons.

12/23/15 Senate: Prefiled and ordered printed; offered 01/13/16 16101478D
12/23/15 Senate: Referred to Committee on Privileges and Elections
01/19/16 Senate: Continued to 2017 in Privileges and Elections (12-Y 0-N)
12/02/16 Senate: Left in Privileges and Elections

SJ 32 Constitutional amendment; marriage (first reference).

Chief patron: McEachin

Summary as introduced:
Constitutional amendment (first resolution); marriage. Proposes the repeal of the constitutional amendment dealing with marriage that was approved by referendum at the November 2006 election. That amendment to the Bill of Rights (i) defines marriage as "only a union between one man and one woman"; (ii) prohibits the Commonwealth and its political subdivisions from creating or recognizing "a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance, or effects of marriage"; and (iii) prohibits the Commonwealth or its political subdivisions from creating or recognizing "another union, partnership, or other legal status to which is assigned the rights, benefits, obligations, qualities, or effects of marriage." The provisions of this section of the Constitution of Virginia are no longer valid as a result of the United States Supreme Court decision in Obergefell v. Hodges, 576 U.S. ___ (June 26, 2015).

01/04/16 Senate: Prefiled and ordered printed; offered 01/13/16 16101959D
01/04/16 Senate: Referred to Committee on Privileges and Elections
01/19/16 Senate: Continued to 2017 in Privileges and Elections (12-Y 0-N)
12/02/16 Senate: Left in Privileges and Elections

SJ 216 Constitutional amendment marriage; marriage (first reference).

Chief patron: Ebbin

Summary as introduced:
Constitutional amendment (first resolution); marriage. Proposes the repeal of the constitutional amendment dealing with marriage that was approved by referendum at the November 2006 election. That amendment to the Bill of Rights (i) defines marriage as "only a union between one man and one woman"; (ii) prohibits the Commonwealth and its political subdivisions from creating or recognizing "a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance, or effects of marriage"; and (iii) prohibits the Commonwealth or its political subdivisions from creating or recognizing "another union, partnership, or other legal status to which is assigned the rights, benefits, obligations, qualities, or effects of marriage." The provisions of this section of the Constitution of Virginia are no longer valid as a result of the United States Supreme Court decision in Obergefell v. Hodges, 576 U.S. ___ (June 26, 2015).

07/18/16 Senate: Referred to Committee on Privileges and Elections
01/20/17 Senate: Assigned to P&E sub: Constitutional Amendments
01/31/17 Senate: Committee substitute printed 17104944D-S1
01/31/17 Senate: Incorporates SJ216 (Locke)
01/31/17 Senate: Passed by indefinitely in Privileges and Elections with letter (8-Y 6-N)

SJ 220 Constitutional amendment (first resolution); marriage.

Chief patron: Locke

Summary as introduced:

Constitutional amendment (first resolution); marriage. Proposes the repeal of the constitutional amendment dealing with marriage that was approved by referendum at the November 2006 election. That amendment to the Bill of Rights (i) defines marriage as "only a union between one man and one woman"; (ii) prohibits the Commonwealth and its political subdivisions from creating or recognizing "a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance, or effects of marriage"; and (iii) prohibits the Commonwealth or its political subdivisions from creating or recognizing "another union, partnership, or other legal status to which is assigned the rights, benefits, obligations, qualities, or effects of marriage." The provisions of this section of the Constitution of Virginia are no longer valid as a result of the United States Supreme Court decision in Obergefell v. Hodges, 576 U.S. ___ (June 26, 2015).

08/02/16 Senate: Prefiled and ordered printed; offered 01/11/17 17100230D
08/02/16 Senate: Referred to Committee on Privileges and Elections
01/20/17 Senate: Assigned to P&E sub: Constitutional Amendments
01/31/17 Senate: Incorporated by Privileges and Elections (SJ216-Ebbin) (14-Y 0-N)

Counts: HB: 19 HJ: 6 SB: 11 SJ: 6