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Near the end of an already extraordinarily long annual “Veto Session” last night, at around 10:00, after intense debate and several failed parliamentary maneuvers by opponents, the Virginia General Assembly handed pro-lifers and Governor Bob McDonnell another big victory. After passing the House of Delegates by a comfortable margin, the Virginia Senate — whose committees long have been the burial ground for commonsense bipartisan pro-life legislation, deadlocked 20-20 on the governor’s amendments to HB 2434 — to restrict Virginia’s health insurance exchanges (when and if ObamaCare takes effect) from publicly funding abortions except in the cases of rape, incest, or life of the mother — allowing Lt. Governor Bill Bolling to break the tie and send the bill back to Governor McDonnell for his signature.

We long have stated that if certain measures could get to the floor, they would pass. This victory, another vote last night to restore the abstinence education funding eliminated by former Governor Tim Kaine, as well as the landmark vote the last week of the regular session to regulate abortion centers (all by 21-20 margins with Lt. Governor Bolling casting the tie-breaking vote each time), vindicates us. As represented by their legislators in Richmond, Virginians are decidedly pro-life.

The hard work began as lawmakers returned to the capitol Monday. Family Foundation lobbyists hit the ground running, going door to door to sure up votes and answer questions from legislators. Preceding that were efforts well before the reconvened session to educate lawmakers and their constituents. While the House looked secure, the Senate was always going to be close, with perhaps one or two senators leaning one way or another, but not fully committed.

Meanwhile, opponents in both chambers used several procedural motions to derail the votes. House members yielded their time from member to member in an attempt to control the debate and even moved to break up the governor’s amendments into separate votes. While that succeeded, all four passed. The bill then moved down the hall where Senator John Edwards (D-21) challenged the germaneness of the governor’s amendments. When Lt. Governor Bolling ruled them in order, opponents attempted to overturn the decision by a floor vote, but lost 21-19 (see vote).

After intense debate, the Senate voted 20-20, with all 18 Republicans and pro-life Democrats Chuck Colgan (D-29, Manassas) and Phillip Puckett (D-38, Tazewell) voting yes. Interestingly, Senator Roscoe Reynolds (D-20, Martinsville), who voted to sustain Lt. Governor Bolling’s ruling, voted no. When the clerk read the result, The LG decisively announced that “The chair votes aye.” Thus, the making of a law (see vote).

Despite the late vote, an early morning event may have had the most impact — the first ever meeting of the Virginia Legislative Prayer Caucus (more on the LPC in a future post). More than 500 Virginians, including many delegates and senators of both parties, gathered at the steps of the historic capitol to pray for God to shower His blessings on our Commonwealth. As Governor McDonnell reminded attendees, Matthew 19:26 says, “With man this is impossible, but with God all things are possible.”

The Family Foundation gives its overwhelming appreciation to Governor McDonnell, Lt. Governor Bolling, all 20 Senators who voted for this pro-life amendment, and to all who contacted their senator to urge their support. If you don’t think this has the grassroots excited, see our Facebook page!

It was a pro-life, pro-family sweep today at the reconvened “Veto” session of the General Assembly tonight. In addition to a dramatic abortion limiting 21-20 vote within the last hour, the Virginia Senate earlier voted by the same margin to concur with Governor McDonnell and the House of Delegates to restore abstinence education funding that former Governor Tim Kaine cut out of the state budget. As with the vote to ban taxpayer dollars from use in elective abortions in the ObamaCare state run health insurance exchanges, all 18 Republicans were joined by pro-life Democrats Phillip Puckett and Chuck Colgan to get to the magic number of 20 votes and a tie in the chamber allowing pro-life Lt. Governor Bill Bolling to break the tie in favor of the amendment.

The funding, match money corresponding to a federal grant, was initially presented in the House budget but, in the final days of session, Senate conferees stripped it out in budget negotiations. But today, the House reiterated its position by a 69-29 vote, which sent it to the Senate. Senator Colgan (D-29, Manassas), chairman of the Senate Finance Committee, introduced the amendment and urged its passage. Pro-abortion Senator Mary Margaret Whipple (D-31, Arlington) rebutted the argument, parroting Planned Parenthood and the National Abortion Rights Action League, which claim abstinence education is ineffective (despite an Obama administration study that says otherwise).

The Family Foundation thanks Governor McDonnell, Lt. Governor Bolling, and the members of the House and Senate who ensured the success of these two important pieces of legislation that soon will become law, as well as all committed pro-life, pro-family Virginians who answered our call to contact their state legislators this week. More to come tomorrow about today’s exciting developments.

Within the last few minutes, in a reprise of its stunning vote to regulate abortion centers in the waning days of the General Assembly’s regular session, the Virginia Senate approved by a vote of 21-20 Governor McDonnell’s amendment to HB 2434 that bans taxpayer funding of elective abortion coverage when (or if) the state run health care insurance exchanges begin in 2014 as mandated by the federal health care law. Throughout the day it looked like the amendments would die in the Senate, perhaps by a 21-19 margin. But, in a vote that came up in the latter stages of an all day and night annual “Veto Session,” all 18 Republican senators and pro-life Democrats Chuck Colgan and Phillip Puckett voted to add the amendments. The other 20 Democrats voted to reject them leaving the tie-breaking vote with Lt. Governor Bill Bolling who, as he did in February, voted in the affirmative. Early on in the intense debate, pro-abortion Senator John Edwards tried to have the amendments ruled non-germane, but Lt. Governor Bolling, who presides over the Senate, ruled that they were. His ruling was upheld on a 21-19 vote. Earlier in the day, the House of Delegates concurred with Governor McDonnell with about 60 votes.

Thanks to all who contacted their senators for this incredible win for Life. Because of your dedication and commitment, we have won significant pro-life legislative victories in Virginia during the past three months. More on this story to come.

Last week, Governor Bob McDonnell added a pro-life amendment to an ObamaCare induced bill — Delegate Terry Kilgore’s HB 2434, that directs the Commonwealth to set up health insurance exchanges in accordance with the new law. (Under ObamaCare, if states don’t act to establish their own exchanges and rules, the federal government will do ti for them.) The governor’s amendment would restrict the proposed and mandated health insurance exchanges from covering abortion services, except in cases of rape, incest, or when the life of the mother is at risk. Without such change to the bill, pro-life citizens will be coerced into funding the unethical destruction of human life. His amendment also would prohibit insurance companies from selling optional riders that cover those same abortion services. Typically, NARAL went ballistic (see the Washington Post VIrginia Politics Blog, a Post news article and the Richmond Times-Dispatch; we’re quoted in all three), although the amendment reflects decades-old federal policy under the Hyde Amendment.

Now, the General Assembly must accept the governor’s amendment at next Wednesday’s veto session. During this year’s General Assembly session, similar health insurance abortion funding opt-out language was passed by the House of Delegates twice with overwhelming majorities, but was defeated in the Senate. The Senate voted on a procedural motion, at the end of session, to strike a bill almost identical to Governor McDonnell’s language. It succeeded on a 22-18 party line vote. Since the governor’s language strictly is a policy vote, not a procedural vote, we hope to urge at least two pro-life Democrats to support the amendment.

Of course, this is nothing new. Whether it is a widely-passed bipartisan House bill or a governor’s amendment, the Senate remains the body that blocks nearly every pro-life effort, and has done so for several years. Over the last several days, The Family Foundation has mobilized citizens across Virginia to contact key senators so that they know Virginians want this amendment passed. It is clear that it will not be until the Senate reflects the values of Virginia that we will see many victories. The opportunity to make those changes is quickly approaching, as all 40 Senate seats are up for election in November.

We believe the key to sustaining the amendment lies with five key senators: Fred Quayle (R-13, Suffolk), John Watkins (R-10, Midlothian), Roscoe Reynolds (D-20, Martinsville), Chuck Colgan (D-29, Manassas), and Phil Puckett (D-38, Tazewell). Contact these senators now and urge them to vote yes on Governor McDonnell’s abortion funding opt-out amendment for health insurance exchanges on HB 2434.

You can contact them by calling their district offices (numbers below) or by clicking on their names for their e-mail addresses:

Senator Quayle: 757-483-9173

Senator Watkins: 804-379-2063

Senator Reynolds: 276-638-2315

Senator Colgan: 703-368-0300

Senator Puckett: 276-979-8181

After a long and passionate Senate floor debate that spanned a few hours over two days, the Virginia Senate voted 20-20 this afternoon to direct the Department of Health to promulgate regulations for abortion centers. After a brief pause for the Senate clerk to announce the vote, Lt. Governor Bill Bolling cast his constitutionally authorized tie-breaking vote in favor of the bill. It now will go to Governor Bob McDonnell for his signature. After more than two decades of hiding behind a veil of political secrecy, abortion centers in Virginia will face greater scrutiny and better health standards.

It was the first time ever that such legislation has even reached the Senate floor, despite numerous bills passed by the House. Each year, including earlier this session, the Senate kills the legislation in committee. But all 18 Republicans held together and two brave pro-life Democrats, Senators Phil Puckett (D-38, Tazewell) and Chuck Colgan (D-29, Manassas), resisted pressure from their caucus’ leadership.

While the session has gone according to script this year, with the House passing and the Senate Education and Health Committee killing pro-life legislation, a dramatic turn occurred only a few days ago, in last days of session. SB 924, patroned by Senator Ryan McDougle (R-4, Hanover), which directs the Board of Health to promulgate regulations for certain health care facilities, passed the Senate and went to the House of Delegates. Delegate Kathy Byron (R-22, Lynchburg) offered an amendment to add abortion centers. Liberals challenged its germaneness, but after consulting with his parliamentarian, House Speaker Bill Howell (R-28, Stafford) ruled it in order and the House passed it overwhelmingly. That change required it to return to the Senate where the GOP caucus began to coalesce around the amendment. The vote was scheduled yesterday, but after a half-hour of debate it was passed by until today. Senate Democrat leaders pressured its two wayward colleagues, but at the outset of the tenor of today’s 90-minute debate it was apparent there were no cracks in the coalition.

Unfortunately, opponents devoid of logic but full of less-than-genuine arguments, demagogued the issue. At one point Senator Janet Howell (D-32, Fairfax) mocked Senator Mark Obenshain’s (R-26, Harrisonburg) recitation of federal court decisions upholding abortion center regulations, even though he was replying to her colleagues’ calls for proof of legal precedent. It prompted this exchange. Majority Leader Dick Saslaw (D-35, Springfield) told his colleagues to “get a life!” if they thought the bill was about women’s safety, ignoring his own colleagues’ faux concerns for the constitution.

Senator John Edwards (D-21, Roanoke) repeatedly claimed the bill was unconstitutional with wild assertions and vague stretches of case law, all of which were refuted by Senator Obenshain, who cited federal appeals and U.S. Supreme Court decisions. One was Planned Parenthood v. Casey, which Senator Edwards said ruled such regulations illegal. Senator Obenshain replied that “standing up and saying so doesn’t make it so,” and read from the court’s opinion which plainly disproved Senator Edwards’ assertions.

Several liberal senators predicted horrors such as back alley abortions even though states such as South Carolina regulate abortion centers with no such reports and Virginia regulated abortion centers until 1983. They also claimed first-trimester abortions were among the “safest procedures” despite absolutely no corroborating evidence because there are no reporting requirements mandated in Virginia. Senator Dave Marsden (D-37, Fairfax) even compared the bill to the poll tax and efforts to keep minorities from voting in the Jim Crow era.

Another desperate aspect of the debate was the demand by several liberal Democrats that Attorney General Ken Cuccinelli issue an opinion, perhaps the first time they’ve wanted his advice. Of course, it was a tactic to delay and kill the bill. Senator Edwards sarcastically said the attorney general would love to defend the bill if it became law because of the other legal actions he’s pursued. But the fact was, and they knew it, he issued an opinion in August in support of the constitutionality of such regulations. He even accommodated senators with a letter composed during a Senate recess — which added to the longevity of the debate.

Opponents’ arguments, so twisted, inevitably contradicted each other, with Senator Howell’s unwitting admission that abortion is, in fact, used for contraception when she said the bill would take away one method of “determining the size of families.”

This was a monumental vote and a historic day. The forces of life, after years of pursuit, finally won an incremental and commonsense victory. Thank you to all who contacted their senators on this important issue! We now look forward to working within the regulatory process to ensure the regulations by the Board of Health ensure abortion centers are safe for women who make the unfortunate choice of abortion.

It’s never easy to negotiate a straight road through the General Assembly. This year, even as many issues long ago were decided, a stunning development has presented us a monumental last minute vote — but even that’s been pushed back a day. 

The Virginia Senate, after some debate today, put off until tomorrow a vote on the pro-life House amendment to SB 924. The bill, patroned by Senator Ryan McDougle (R-4, Mechanicsville), directs the Board of Health to create regulations regarding hospitals, nursing homes, and certified nursing facilities. However, Delegate Kathy Byron’s (R-22, Lynchburg) floor amendment (read here) Monday tacked on abortion centers to the types of facilities to come under these regulations. Once the House of Delegates approved the amendment and then the bill, it moved back to the Senate which will have to approve or reject the amendment and the bill.

In effect, the new version of bill requires the Board of Health to create abortion center safety regulations — an initiative The Family Foundation has pushed for more than a decade. But pro-abortion lawmakers successfully negotiated a one-day delay in the vote, presumably to pressure two pro-life Democrats. The Washington Post’s Virginia Politics blog reported today that Democrat Senators Chuck Colgan (D-29, Manassas) and Phil Puckett (D-38, Tazewell) have committed to support the amendment. We’re hopeful one more may come around as well. If the 18 Republican senators vote as a block, the addition of Senators Colgan and Puckett would result in a 20-20 tie, in which case Lieutenant Governor Bill Bolling would cast the deciding vote. A pro-life advocate during his time in the legislature, Lieutenant Governor Bolling is likely to support the amendment.

During today’s debate, opponents inaccurately portrayed the bill as forcing abortion centers to become hospitals with identical regulations. In fact, the bill as amended simply states that abortion centers are a type of hospital and that the Board of Health would have to promulgate regulations for this new classification of hospital, just as there are regulations for ambulatory surgery centers.
 
It is likely that tomorrow pro-abortion legislators will pull out every procedural move in the book in an attempt to derail this monumental win for the pro-life movement. Simply put, any attempt to monkey with the process (for example, attempting re-refer to committee or declaring the amendment not germane) will be seen as a deliberate attempt to prevent passage of the amendment and in effect the same as a vote against the amendment. After years of waiting for this day, pro-life advocates deserve an up or down vote on abortion center safety on the Senate floor.

Pressure and parliamentary tricks. That’s what the pro-abortion movement has come down to. Will it be enough to overcome what is right and the will of the people?
 
Thank you to those who have already contacted their Senators to support  this critical amendment. For those of you who have not yet done so, we urge you to do so immediately and affect this historic and monumental opportunity. 

Contact your senator by e-mail.

Contact your senator by phone.

Learn who your senator is.

A couple of hours ago, the Virginia Senate passed by a 35-5 vote, a proposed amendment to the Virginia Constitution that would protect private property rights and curb the government’s power of eminent domain. Don’t be deceived by the vote. Often, at the General Assembly, legislation with the largest vote margins were the most difficult to pass, with twists and turns, near-deaths, deaths and resurrections. All could be said of this resolution. Interestingly, the first vote was 30-10 and, seemingly, some senators not wishing to miss the election year train, asked for reconsideration, and jumped on board for the final tally. There were at least a few who almost sank this issue with their committee votes on several versions of this legislation who all of a sudden found their soul. We will identify them in due time. So, the vote appeared anti-climatic.

While it does not have the iron clad language on just compensation as it did coming out of the Senate Privileges and Elections Committee, ironically, it still goes beyond the House version and does guarantee just compensation for “lost profits” and “lost access” — but it leaves it to the General Assembly to legislate those definitions (which means more work to be done next session!). The negotiations that delayed this vote this week after it stunningly made it out of committee, apparently, at the last minute, made it palpable enough for several on both sides of the aisle, who could not summon the political strength to vote for the committee version.

Now the resolution goes back to the House of Delegates since it was changed from its version. Acceptance of the Senate’s amendments is almost a certainty, with House members openly eager and excited about the opportunity to vote on something given little chance in the hostile Senate when session started, and stronger than when it left the House! (No need to risk going to a conference committee, especially after the Senate has killed attempts for years, including earlier this year.) Just goes to show . . . anything can happen at the General Assembly and nothing should surprise anyone.

Opponents will say they got what they wanted out of it but the truth is they wanted none of this. They lost. Liberty and limited government won today! Never underestimate the influence of an election year. This played out similarly to the eminent domain reform statute the last time the Senate was up for election, in 2007.

Next steps: The resolution must be passed again by the new General Assembly next session — with no changes. That done, it will go to Virginians to ratify at the polls in November 2012.

More to come later. However, we cannot go any further without a bit of thanks — a bit, only, because it is impossible to adequately thank him — to the resolution’s patron, Delegate Johnny Joannou (D-79, Portsmouth). Without his determination, legislative skills and persuasive public oratory (we will have video later), we would very likely have to wait another three years (for a total of nine) without the possibility of property rights protection since the infamous and deplorable Supreme Court Kelo decision.

It’s hard to believe that just four people hold the fate of protecting the property rights of all Virginians, but that is the number of votes needed to pass or kill a proposed property rights amendment to the Virginia Constitution in the seven member Senate Privileges and Elections Sub-committee on Constitutional Amendments (see members here). A previous Senate resolution this session died on a 4-3 vote in this sub-committee and now the House version, passed 81-19 by that body, will be heard tomorrow morning in a liberty or death vote — it must pass in order for the full committee to hear the bill and to have a chance to get to the Senate floor (where it would have a good chance of passing).

Please contact members of the committee and ask them to vote to report HJ 693 to the full committee! Ask them to listen to the will of the people and protect your property rights.

While the Virginia Senate has proved to be a roadblock for property rights and reform of government’s oppressive power of eminent domain, Tuesday, the House of Delegates passed HJ 693, a state constitutional amendment patroned by Delegates Johnny Joannou (D-79, Portsmouth) and Rob Bell (R-58, Charlottesville), by an overwhelming 81-18 margin. This mammoth bipartisan vote surpasses even the 60-something vote the eminent domain reform statute received in 2007. Now, tomorrow morning, the Senate sub-committee will have a choice: listen to local governments and unelected housing and redevelopment authorities or the people they represent.

Defending our property rights is a longstanding principle of The Family Foundation, and we’ve supported efforts for several years to pass a constitutional amendment that answers the U.S. Supreme Court’s infamous and deplorable Kelo decision. Property rights affect all people, across all socio-economic and geographic lines. Whether urban, suburban or rural, Virginians are subject to losing their homes, farms, and family-run or small businesses to dubious “economic development” schemes, “revitalization” plans and government pork and boondoggle projects without this vital constitutional protection.

Without secure property rights, we only borrow our property from the government until it needs it; we have no security for our families, economic advancement or even to practice our faith. While government will always be here, our homes, businesses and places of worship have not such guarantee.

While many states rushed to grant their citizens state constitutional protections after the Kelo ruling, Virginians have waited six years for the Virginia Senate to act! This amendment must pass the Senate this year and both chambers again next year so Virginians can then vote on it at the ballot box in 2012. If it fails Tuesday, we must wait at least three more years – and we’ve already waited six!

Virginia passed a law in 2007 in response to Kelo, but developers, utilities, and local governments and housing and redevelopment authorities (who use your tax dollars to lobby against your rights) have tried each subsequent year to chip away at that statute. In short, as good as the statute is, it needs the protection only a constitutional amendment (HJ 693) can provide.

Bringing at least a modicum of school choice and education freedom long has been a goal of reform minded people who realize that the government-run education monopoly is holding back academic achievement. This Tuesday, the Senate Finance Committee has a chance to show its open mindedness and independence from the education establishment when it votes on HB 2314, patroned by Delegate Jimmie Massie’s (R-72, Henrico).

The bill establishes a tax credit for businesses donating to non-profit organizations providing scholarships to free and reduced lunch students (family of four earning less than $40,793 per year). Despite fierce opposition from the Virginia School Board Association and the Virginia Education Association, the bill passed the House of Delegates 54-45 this week.

The modesty of this bill is testimony to how tenacious and powerful the Educrat establishment is in Richmond. It will fight to the death anything that hints at cracking its monopoly or reforms it from within. This is no exaggeration. The Educrats even are resisting a bill to provide for more physical education (HB 1644), patroned by Delegate John O’Bannon (R-73, Henrico). (See Washington Post Virginia Politics Blog.)

On the heels of yesterday’s well-attended Family Foundation Day at the Capitol and rally focused on school choice, we think there is real momentum to pass HB 2314. It’s certainly well passed time, considering the state of public education in certain areas of the state and for certain families that are trapped with no option but to attend an inadequate public school.
 
Similar scholarship programs in Pennsylvania and Florida have been huge successes. Florida’s program is a prime example, where demand for a program started in 2001 has grown from $50 million to $88 million, providing scholarships for more than 33,000 low-income children.
 
The bill is designed to avoid the nefarious ”negative fiscal impact” to the state. In fact, the fiscal impact will be all positive. Florida’s program, for example, saved that state $36 million in the 2008-09 fiscal year alone, according to the Florida Office of Program Analysis and Government Accountability.
 
In Florida and elsewhere, thousands of children have been given opportunities for a better education through scholarships created because funding is available. Despite cries of “taking money from children” in public schools, the scholarship programs in other states have in no way negatively affected public schools. 
 
Unfortunately, the Senate Finance Committee has been very hostile to any legislation that provides education freedom to families. Last year, it killed a similar bill by a 9-6 vote — see committee members make outlandish and outrageous comments.
 
In two different polls conducted by, or on behalf of, The Family Foundation or other education freedom supporters over the past three years, large majorities of Virginians have indicated their support for tax credits like the one created in HB 2314.

Certain liberals like to say, “Conservatives want to take us back,” although they never specify where. Perhaps it’s more a case of liberals holding us back — or stuck in the past — with ideas no longer as effective as once were, and never moving forward with proven reforms.

Please contact members of the Senate Finance Committee and urge them to vote for HB 2314. We are close and only need to flip two votes.

Today is crossover at the General Assembly, the day when the House and Senate have to complete work on bills introduced in their respective chambers. Consequently, yesterday the House spent nearly 11 hours on the floor debating bills, with final votes taking place today. The Senate did their marathon debate and vote session today.

Several Family Foundation priorities passed the House of Delegates, some after lengthy debates took place on the proposals yesterday.

HB 1440, patroned by Delegate Bob Marshall (R-13, Manassas), which would provide protection (civil recourse) for the unborn in cases where they lose their life due to the negligence of another, passed 62-36 — despite the wild accusations by Delegate Vivian Watts (D-39, Fairfax), who claimed the legislation would outlaw contraception. Delegate Dave Albo (R-42, Fairfax), the chairman of the Courts of Justice Committee, which reviewed the bill, defended it on the floor. He said that he had several attorneys and committee legal counsel review the legislation and all agreed that the bill, nearly identical to a 20-year-plus Missouri law, and which was upheld by the U.S. Supreme Court in 1989, would not affect legal contraception in any way.

HB 2147, patroned by Delegate Ben Cline (R-24, Rockbridge), would prevent health insurance plans in the Virginia health insurance exchange, required by ObamaCare, from providing abortion coverage. This preemptive strike against ObamaCare, should it be implemented, passed 60-36.

The House today also passed by a vote of 54-45 HB 2314, legislation patroned by Delegate Jimmie Massie (R-72, Henrico), that would provide a tax credit for corporate donations to private scholarship programs. This education opportunity legislation is tailored to help low-income families. It is modeled after a successful Florida scholarship program that has helped more than 20,000 students and saved the state more than $36 million in FY2008-09. (We hope you join us this Thursday for our Family Foundation Day at the Capitol and Rally, which will focus on this legislation.)

Also passing today was legislation that will create an “In God We Trust” license plate. The bill, HB 1418, is an omnibus license plate bill patroned by Delegate John O’Bannon (R-73, Richmond) that incorporates the “IGWT” plate bill introduced by Delegate Dickie Bell (R-20, Staunton). A Senate bill (SB 811), patroned by Senator Mark Obenshain (R-26, Harrisonburg) creating the same license plate also passed the Senate today.

Thank you to everyone who has contacted their delegates and senators on these and other issues. After today the bills that have passed the House or Senate will “crossover” to the other chamber to go through the committee process. Please continue to respond to our action alerts (sign up here) and keep up with all the General Assembly news and video by returning to this site, and by following us on Facebook, Twitter and YouTube as the General Assembly session continues in the coming weeks.