The Virginia Model of Regulatory Reform

The Virginia Model of Regulatory Reform

A Springboard for Success

Is the Office of Regulatory Management Virginia’s DOGEThat’s a debate that has been raging in the public eye recently.

Enter the highly-respected economist Dr. James Broughel, one of our senior fellows at the Virginia Institute for Public Policy.

On March 6th, we released a major new study by Dr. Broughel, who is also a senior fellow at the Competitive Enterprise Institute and a former adjunct professor at the Scalia Law School at George Mason University.

$1.2 billion of annual savings for Virginians. Permit processing times slashed from an average of 33 days to 5 days. Even the average cost of building a house will drop by $24,000.

The Office of Regulatory Reform (ORM) in Virginia has been highly successful in taking an axe to Virginia’s bloated regulatory code, already cutting it by 21%.

The paper has generated publicity in the media – see HERE and HERE:

We’re making sure to provide the facts and figures to those in power in Richmond so that legislators can learn not just about the Virginia Model of Regulatory Reform, but also about how it can be improved upon.

Here is the full paper, and the one-page executive summary.


Press Release – VA Model Regulatory Reform

Please feel free to view the summary for a short concise recap, or view the full document below in the .pdf viewer below! Download links are included for your convenience if you wish to view it in your own preferred document viewer.

Summary

The Virginia Institute of Public Policy released a report highlighting the success of the Virginia Model in reducing regulatory burdens. The model has saved Virginians $1.2 billion annually by streamlining regulations rather than focusing solely on staffing cuts. This initiative, which started under Governor Northam and continued under Governor Youngkin, has reduced the state’s regulatory burden by over 21% since 2022, aiming for a 25% reduction by the end of Youngkin’s term.

Key Points:

  • Significant Cost Savings: Virginia’s regulatory reforms have led to $1.2 billion in annual savings.
  • Reduction in Red Tape: The state has already cut 21% of its regulations, with a goal of reaching 25%.
  • Faster Processing Times:
    • Department of Professional and Occupational Regulation (DPOR): License processing times reduced from 33 days to 5 days.
    • Department of Environmental Quality (DEQ): Permit processing times cut by 70%.
  • Streamlining Large Regulations: The Stormwater Management Handbook was reduced from 11,600 pages to 1,800, saving $124 million annually.
  • Bipartisan Progress: Despite divided government control, the Virginia Model shows that bipartisan cooperation on regulatory reform is possible.
  • DOGE and the Debate on Efficiency: The Trump administration’s Department of Government Efficiency (DOGE) has highlighted different approaches to efficiency, questioning whether to focus on cutting funding, staffing, or regulations.

The report suggests that Virginia’s approach is a model for other states, demonstrating how targeted deregulation can improve efficiency and reduce costs without sacrificing public safety.

A mother helps her son with online learning on a home computer.
Press Release – Education Polling

Please feel free to view the summary for a short concise recap, or view the full document below in the .pdf viewer below! Download links are included for your convenience if you wish to view it in your own preferred document viewer.

Summary

A new Virginia poll conducted by Cygnal on behalf of 50CAN reveals strong public support for parental choice in education, despite concerns that the state’s education system is “on the wrong track.”

Key findings:

  • Virginia’s Direction: While most believe the state is headed in the right direction, education remains a concern.
  • Virginia Opportunity Scholarship: Governor Youngkin’s proposed program has 57% support (net +29), with particularly strong approval from Black (+36) and Hispanic (+55) voters.
  • School Choice Support: 75% of respondents favor allowing families to choose schools outside of their assigned zones.
  • Reform vs. Funding: 61% prefer system reform over increased funding (28%).
  • Election Implications: 42% of voters statewide believe education is on the wrong track, rising to 55% in swing districts, suggesting education could be a key issue in the 2025 elections.

Virginia Institute for Public Policy’s Lindsey Zea emphasizes that parents want a greater say in their children’s education, regardless of income, location, or ethnicity. With upcoming legislative decisions and elections, policymakers may need to address these concerns.


Lynn Taylor

Lynn Taylor

President & Co-Founder

Lynn Taylor is the president and co-founder of the Virginia Institute for Public Policy, an independent, nonpartisan, education and research organization that develops and promotes public policy consistent with the Virginia tradition of individual liberty, dynamic entrepreneurial capitalism, private property, the rule of law, and constitutionally-limited government. She also serves as president of Tertium Quids, an issue advocacy organization that, along with the Virginia Institute, co-hosts Virginia’s Tuesday Morning Group, a statewide coalition comprising more than 1,000 activists who represent more than 260 organizations. Lynn is also the executive producer of Freedom & Prosperity Radio, a syndicated talk radio program with a focus on politics and public policy.

Additionally, she is a co-founder and chair of the Virginia Fair Elections (VFE) Coalition and, as of February 2023, she also serves as chairman of the Election Integrity Network (EIN), now a project of the Virginia Institute.

Prior to her current positions, Lynn was managing director of the Charles G. Koch Charitable Foundation and the Claude R. Lambe Charitable Foundation in Washington, D.C. Well experienced in the management and the funding of nonprofit organizations, she served on the boards of The Heartland Institute for Public Policy, Chicago; the National Foundation for Teaching Entrepreneurship, New York; the Young Entrepreneurs of Washington, D.C.; and presently serves on the board of One Generation Away, Washington, D.C.

Lynn received a B.A. in mathematics from Agnes Scott College in Decatur, GA, and subsequently earned an M.B.A. in finance from Georgia State University and a J.D. (cum laude) from the Woodrow Wilson College of Law.

Lynn is a member of The Federalist Society, an organization “founded on the principles that the state exists to preserve freedom, that the separation of governmental powers is central to our Constitution, and that it is emphatically the province and duty of the judiciary to say what the law is, not what it should be.” Since 1996, Lynn has been a member of The Philadelphia Society, an organization “dedicated to the goal of deepening the intellectual foundations of a free and ordered society and to broadening the general understanding of its basic principles among the public at large.”

Fun Facts:

Lynn received a B.A. in mathematics from Agnes Scott College in Decatur, GA and used to tutor her future husband through his math classes in graduate school because it “just wasn’t his thing.”

Rush Limbaugh once gave her a box of very expensive cigars, which her husband promptly smoked with great enjoyment.

When she was dating her future husband, she was a DJ at a club called the Library. Whenever anyone asked where she was, her friends would simply say, “Oh, Lynn’s at the Library.”

Lynn had to wait outside for security at a conservative conference once because she was the only think tank executive who was carrying a firearm.

A woman with digital code projections on her face, representing technology and future concepts.
VIPP Press Release HB2094 Artificial Intelligence

FOR IMMEDIATE RELEASE
01-29-2025

Virginia Bill Could Cripple AI Innovation, Putting U.S. Behind China, Warns VIPP

LEXINGTON, VA ­­­— Today, the Virginia Institute for Public Policy is warning that Virginia’s once-thriving tech industry could be reduced to a shadow of its former self if House Bill HB2094, a well-intentioned but deeply flawed piece of legislation, becomes law. The bill aims to prevent “algorithmic discrimination[1]” but if adopted, Virginia’s ability to compete in the rapidly evolving AI sector would be crippled by excessive compliance burdens, legal ambiguities, and astronomical costs.

Caleb Taylor, Director of Policy at the Virginia Institute for Public Policy, said “If HB2094 is passed, small businesses could see compliance costs between $10,000 and $500,000 annually. Large corporations may face costs exceeding $10 million. Whilst states like Indiana, Tennessee, and Minnesota are actively courting AI investments with business-friendly policies, Virginia must not throttle our own businesses in a vital, growing sector.”

The bill covers so-called “high-risk artificial intelligence systems” impacting critical areas like employment, housing, healthcare, and education. The United States faces fierce competition, particularly from China, which has already unveiled AI models like DeepSeek R1. We cannot afford to become less productive.

Caleb Taylor added “Discrimination in these areas is already illegal under state and federal laws. As written, HB2094 will add completely unnecessary compliance expenses.”

The impact goes beyond AI development. The data center industry — a cornerstone of Virginia’s economy — could also face devastating consequences. Data centers contribute 74,000 jobs, $5.5 billion in labor income, and $9.1 billion in GDP annually to Virginia, according to a 2024 JLARC study[2]. If Virginia continues down this regulatory path, we risk losing AI innovators and the critical infrastructure that supports them.

Let’s not stifle innovation or push businesses out of the Commonwealth. Instead, we should position Virginia as a leader in ethical, competitive AI development—one that balances progress with responsibility.

If we impose these burdens now, we may lose our standing in the AI revolution before it even begins. Virginia must reject HB2094 and pursue a path that fosters growth, protects fairness, and secures a bright future in the global AI race.

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1 – For further information, contact Caleb Taylor at [email protected]. 2 – HB2094 can be found at https://lis.virginia.gov/bill-details/20251/HB2094/text/HB2094H1


[1] Algorithmic discrimination occurs when AI systems produce discriminatory outcomes based on protected characteristics including race, gender, age, or disability.

[2] https://virginia.app.box.com/s/3urcj9bn8k26vz47if9wkcu7luipfykt

A macro shot of freshly baked stacked chocolate chip cookies creates a cozy dessert vibe.
Press Release – Privacy Bill SB769

Please feel free to view the summary for a short concise recap, or view the full document below in the .pdf viewer below! Download links are included for your convenience if you wish to view it in your own preferred document viewer.

Summary

SB769 would make Virginia’s cookies law arguably the most restrictive in the world, even more so than California and the European Union. Nobody has calculated the true economic cost to small businesses, or the workload it would place on the Attorney General’s office. It’s a pro-privacy bill that would make your data less private, and could lead to Virginians being unable to access websites hosted in other states.

Weekly General Assembly Update | 01.13 – 01.18


Week Recap & Highlights

The 2025 General Assembly Session officially began on January 8th, 2025. But, with the weather and resulting water issues in Richmond, it didn’t begin in earnest until last week. On the 13th, committees began meeting, votes were cast, and public policy debates once again filled the General Assembly Building.

Because 2025 is an odd-numbered year and the longer process of building out a two-year budget happens only in even-numbered years for the following two-year period, this year will be a short 45 day session. The delayed session start has begged the question of how likely it is for the session to end on time. After a call to the Senate Clerk, we learned that the original schedule will still be adhered to as much as possible, with some potential Saturday work for General Assembly members later in the session. February 22nd is the tentative last day of the 2025 General Assembly Session. 

One of the budget amendments proposed by the Governor this year is a program to assist children from low-income families to afford educational opportunities that would otherwise be out of reach without financial assistance. $50 million dollars would be ear marked for Virginia Opportunity Scholarships to cover private school tuition costs for eligible Virginia students if this budget amendment receives enough support and becomes adopted. Click HERE to watch a press conference held last week about the program. We applaud this proposed program by the Governor’s administration and further encourage funds to be dedicated towards sustaining this program for multiple years versus one year. Although there is already significant politically-based pushback to the Virginia Opportunity Scholarship proposal, it’s hard to see why any legislator would fight against this program for Virginia’s kids. 


2025 Session Overview Numbers – As of 01.19
(Total # of bills and resolutions)

  • Introduced: 2,167
  • Passed the House: 19
  • Passed the Senate: 59
  • Pending: 2,111
  • Approved: 0

The report below includes bills that fall into alignment with Virginia Institute’s policy recommendations, either for good policy or bad policy, and received a vote in a committee or on the House or Senate Floor last week.


Two harmful bills were slated for a vote in the Senate Public Education Subcommittee on Friday, with many present at the committee to testify, but the vote was delayed. These two bills are currently expected to be heard on Monday, January 20th, at 1:30pm. 

SB1031 – Religious Exemption for Education Requirements
Attacks the homeschooling religious exemption process by requiring parents to meet educational qualifications, submit annual notices and progress reports, and demonstrate certain instruction methods.

SB979 – Delayed Implementation of New Public School Accountability System
This bill directs the Department of Education to delay for one year the implementation of the revised public school accountability system adopted recently by the State Board of Education after robust research and discussion.


HB1735 – Voter Registration Deadline Change – Passed the House Privileges and Elections Committee on January 17th and is expected to be voted on by the House floor in the next few days

Currently, an individual who registers to vote within the three weeks prior to an election is provided with a provisional ballot. This bill proposes to limit that to only ten days prior to an election instead of three weeks. This bill also streamlines registration deadlines across all election types. 


SB843 – Remote Patient Monitoring – Passed Senate Health and Education Committee with a vote of 14-Y and 0-N on January 16th. This bill is expected to be voted on by the House floor within a few days.

This bill directs the Department of Medical Assistance Services to develop a plan and estimate costs for expanding eligibility criteria under Medicaid for remote patient monitoring for individuals with chronic conditions. These proposed changes would allow for a vulnerable demographic of Virginians, those with chronic conditions, to receive critical attention from medical professionals without further jeopardizing their health through unnecessary movement and travel.

SB910 – Phased Elimination of Certificate of Public Need – Failed through the motion to pass by indefinitely in the Senate Health and Education Committee with a vote of 13-Y and 1-N on January 16th.

This bill would establish a phased elimination of Certificate of Public Need with full elimination in 2027. 


The Virginia Institute has fought for the Liberty and Property of the people of Virginia for over 25 years. Your generous support has armed us with the resources to successfully promote your principles of free enterprise, individual liberty, personal responsibility, and constitutionally-limited government in the seat of American history and freedom. Together, we can continue to inspire the Freedom & Prosperity that has made the Commonwealth of Virginia the cornerstone of the American Dream.

The Virginia Institute for Public Policy is a 501(c)(3) charitable organization.
Contributions are tax deductible to the fullest extent permitted by law.

Celebrating Fatherhood: The Virginian Roots of Father’s Day and Its Enduring Legacy

Our beloved state of Virginia is known for its rich history of individuals and events that have helped shape our great Nation. But did you know that the origin of Father’s Day is also attributed to a Virginian?

According to the Virginia Museum of History and Culture, “Kate Richardson Swineford of Drewry’s Bluff wanted to honor her father, Edward, in a special way. Even before the close of World War I, she began an effort to bring particular recognition to fathers, which led to her formation of the National Fathers’ Day Association in 1921.” Kate also wanted to establish a special day of recognition for Fathers. Gaining local support for her vision, and backed by Virginia governors Westmoreland Davis and E. Lee Trinkle, in 1933 she successfully obtained the trademark status for Fathers’ Day from the United States Patent Office.

In a world that is diminishing the importance of fatherhood, we, like Kate, must continue to honor and celebrate fathers, paternal bonds, and the impact fathers have on society. From our nation’s great heroes to a family’s guide and protector, a father’s influence is immeasurable.

One of our great Virginian Founding Fathers, also known as the “Father of the Declaration of Independence,” Thomas Jefferson wrote: “The happiest moments of my life have been the few which I have passed at home in the bosom of my family.”

Will Rogers, Jr., American politician, writer, and newspaper publisher, commented on fatherhood, “His heritage to his children wasn’t words or possessions, but an unspoken treasure, the treasure of his example as a man and father.”

As we at the Virginia Institute strive to uphold the principles of virtue, integrity and liberty this Nation was founded upon, we reflect with gratitude the “treasured examples” that have come before.

Governor’s Office Announces Key Policy Shifts and Upcoming Legislative Session on Veterans’ Education Benefits

The Governor’s office has been very busy over the last month. Two important announcements from his office include the exciting departure from Virginia’s ties to California’s electric vehicle mandate as well as the announcement of bolstered efforts to maintain an accurate and current registered voter list through information being funneled to the Department of Elections from other state agencies. Click HERE to see a list of recent press releases from the Governor’s office and to subscribe to related email updates.

Additionally, within the last couple weeks, it has been announced that the General Assembly is returning to Richmond to reconsider changes to a program that waives tuition costs for some children of veterans to receive higher education at Virginia public universities. The General Assembly will meet on June 28th to vote on this issue.

Legislative Update: 14 June 2024

In May, a new budget was passed to fund state operations for the next two years. After going through rounds of suggested language, the General Assembly’s proposed budget was still called a “backwards budget,” meaning multiple aspects would be harmful steps backward for the Commonwealth. Unfortunately, in at least one case so far, that has proved true. The General Assembly leadership insisted a ban on presidential election audits be included in the budget, creating budget item 77 F.1:

“Notwithstanding the provisions of subsections C and D of § 24.2-671.2., Code of Virginia, a risk-limiting audit of a presidential election or an election for the nomination of candidates for the office of President shall not be conducted.”

We cannot overemphasize how poor and deeply concerning a decision it was to add this prohibition to the budget. Audits exist to ensure fair elections, regardless of the background—personal, political, or otherwise— of the candidates in question. Prohibiting an audit is a serious affront to the American government system founded on checks and balances to serve the people.

With presidential audits off the table, the next best thing is conducting a statewide audit of the Virginia Senate race. Thankfully, state officials intend to do just that. However, in order for it to be an effective audit, including hand counting some ballots to verify machine counts, both the Department of Elections and the State Board of Elections must choose a specific auditing method called the Batch Comparison Risk Limiting Audit.

The other, more common, method is called a Ballot Polling Risk Limiting Audit. This method includes pulling a “statistically significant” number of ballots (insert eye roll), assuming any needles in the haystack are included, and making a determination about the integrity of the election based on a review of just those ballots.

Please make your voice heard by both the State Board of Elections and the Department of Elections by telling them you support the more robust Batch Comparison Risk Limiting Audit for the statewide audit of the Senate race.

Staff Spotlight: Melody Clarke, Deputy Director, EIN

Melody Himel Clarke joined the Institute in 2023 and is the Election Integrity Network’s deputy director for the eastern states.

She also serves as the director of government affairs at Virginia Institute Action where she is essential in coordinating advocacy efforts such as in-person testimony, media campaigns, and maintaining robust relations with grassroots supporters and the media.

Even before joining the Institute, Melody was known as a leader throughout Virginia for her work on public policy, advocacy, coalition building, and activist training. Melody is a lifelong entrepreneur and small business owner with over four decades of management and team-building experience. She is Christian, married, and for fun enjoys equestrian activities, recreational shooting, and is learning to bird hunt with her Wirehaired Vizslas.

Tuesday Morning Group: June 2024

We had another outstanding Tuesday Morning Group meeting!

Del. Hyland “Buddy” Fowler Jr. from the 59th District gave us an update from an insider’s point of view on the (lack of) negotiation and take it or leave it attitude of his counterparts from across the aisle in the General Assembly. This has been a challenging time in the state legislature.

He was followed by Skip Estes, the Senior Policy Advisor from the Office of Governor Glenn Youngkin who joined us  to address Governor Youngkin’s policy priorities as we reach the halfway mark of the year.

We were excited to hear from David Grembi and Mike Lawson from City Elders. This group is a movement of church, business, and civic leaders who declare the kingdom of God and exercise their authority to establish righteousness in every city across America. They are making great strides in Virginia!

Ned Jones, Director, CERC gave an Election Integrity Network update and finally Lindsey Zea, Deputy Director of Policy, Virginia Institute for Public Policy closed us out! Be sure to mark your calendar for our next TMG on July 9, 2024!

The Federalist: Voters Prohibit ‘Zuckbucks’-Style Private Funding And Staff From Wisconsin Elections

This insightful article delves into the recent decision by Wisconsin voters to pass two pivotal constitutional amendments, thereby fortifying the integrity and impartiality of their electoral process. These amendments aim to staunch the flow of private funding in elections and ensure that only legally appointed officials are at the helm of election administration— a direct countermeasure against the controversial “Zuckbucks”-style electioneering, where substantial private funds, notably from Meta CEO Mark Zuckerberg, were injected into the electoral system to predominately benefit Democrat-majority counties. The article also highlights the relentless efforts of conservative groups and activists across Wisconsin, who worked tirelessly to mobilize voters and secure the passage of these amendments. These measures are seen as a significant step towards preventing potential biases and irregularities in future elections, although questions remain about the impact of previously accepted private grants on upcoming elections. In sum, the article underscores the importance of grassroots activism and coordinated efforts among organizations in achieving these electoral reforms, reflecting a commitment to maintaining the fairness and integrity of the electoral process.

Click here to read the full article at The Federalist.

 

F&P Radio | Steve Haner | 03.24.24



F&P Podcast on Spotify

Freedom & Prosperity Radio! The weekly radio news magazine from the Virginia Institute for Public Policy.

This week’s first topic covers the oncoming vetoes expected to come down the pipeline from Virginia Governor Glenn Youngkin, as discussed with guest speaker Steve Haner of the Thomas Jefferson Institute.

Episode 23 of the 2024 season. Held the 24th of March 2024.

F&P Radio | Phil Kerpen | 03.17.24



F&P Podcast on Spotify

Freedom & Prosperity Radio! The weekly radio news magazine from the Virginia Institute for Public Policy.

This week’s topic covers healthcare with guest speaker Phil Kerpen of American Commitment, to talk about “AARP Conflict of Interest.”

Episode 23 of the 2024 season. Held the 17th of March 2024.

F&P Radio | Dr. Umbher | 03.17.24



F&P Podcast on Spotify

Freedom & Prosperity Radio! The weekly radio news magazine from the Virginia Institute for Public Policy.

This week’s topic covers healthcare with guest speaker Dr. Umbher, founder of Atlas MD.

Episode 22 of the 2024 season. Held the 17th of March 2024.

Legislative Update: 10 March 2024

Saturday, March 9th, marked the last day (also known as Sine Die) of the 2024 General Assembly session. This means that all bills have either died, been continued to 2025, or have passed the House and Senate and have been sent to the Governor’s desk for his approval or veto. For early bills that passed both chambers more than a week ago, the Governor had 7 days to sign or veto each bill; as of Friday evening, March 8th, the Governor had signed 64 bills, suggested amendments for 12 bills and vetoed 8 bills. Click here to see the press release from the Governor regarding his action on these bills. For all other bills that have passed both chambers, the Governor will have a 30 day timeframe in which to take action with his pen. When that 30 day period has elapsed, the General Assembly will return to Richmond to consider any bill amendments the Governor has recommended. The General Assembly can choose to accept or reject the Governor’s amendments during the Reconvened Session, which will take place on Wednesday, April 17. 

2024 Session Overview Numbers
(Total # of bills and resolutions)

  • Introduced: 3594
  • Passed the House: 2187
  • Passed the Senate: 1858
  • Continued to next session: 405
  • Failed: 877
  • Signed: 64
  • Vetoed: 8

The report below includes bills that fall into alignment with Virginia Institute’s policy recommendations, either for good policy or bad policy, and received a vote in a committee or on the House or Senate Floor last week. See the bottom of the page for a full list of bills we are following.

ELECTIONS

Status: The following bill has been VETOED by the Governor:

SB 606- ERIC

This bill would require Virginia to re-join the Electronic Registration Information Center (ERIC). Although ERIC claims to be a service to help states keep accurate voter rolls, Virginia left ERIC last year after serious concerns over data privacy breaches and partisanship influence within the organization.

Status: The Governor has recommended amendments for the following bill to the General Assembly: 

SB 196- Voter Registration

The version of this bill that was sent to the Governor would have altered the procedure for challenging a voter registration. It would have abolished the mechanism for a voter to challenge another voter’s registration eligibility while at a polling place, shifting the responsibility of challenge oversight solely to the court system. In advocating for this, SB 196 erects barriers that could impede the timely resolution of eligibility disputes. Registrars, who maintain up-to-date, accurate voter registration lists for their areas, should retain control over this process.

Status: The following bills have passed both the House and the Senate and are set to be sent to the Governor for his approval or veto.

HB 1177- ERIC

This bills would require Virginia to re-join the Electronic Registration Information Center (ERIC). Although ERIC claims to be a service to help states keep accurate voter rolls, Virginia left ERIC last year after serious concerns over data privacy breaches and partisanship influence within the organization.

SB 196 & HB 1534- Voter Registration

These bills would alter the procedure for challenging a voter registration. It would abolish the mechanism for a voter to challenge another voter’s registration eligibility while at a polling place, shifting the responsibility of challenge oversight solely to the court system. In advocating for this, SB 196 and HB 1534 erect barriers that could impede the timely resolution of eligibility disputes. Registrars, who maintain up-to-date, accurate voter registration lists for their areas, should retain control over this process.

SB 246 & HB 1454- Driver Privilege Card Extension

This bill eliminates features used to distinguish between citizen and non-citizen state-issued driver’s permits and ID cards, which could facilitate non-citizens voting. 

HB 1408- Electoral Administration

This bill takes a top-down approach to determining the appropriate number of early voting locations in each Virginia city and county, by directing the Department of Elections to create guidelines for localities to utilize regarding how many early voting locations should be open for early voting. These decisions are best made at the local level, where they are currently made, by the local election administrators who know their locality best.

HB 26- Acceptable ID Expansion

This bill expands the list of accepted forms of identification to be presented when voting. Currently, although there is a list of accepted IDs, no ID is required to vote. Any registered voter who arrives at a polling location without an accepted form of identification, or with no ID at all, can sign a statement confirming that they are the registered voter that they say that they are, and then they are permitted to vote. This statement makes the list of acceptable IDs seem like a formality; additionally, some people are concerned that the types of IDs that this bill approves are available to noncitizens. 

HB 939- Firearms at Precincts

If passed, this bill would prohibit a person from carrying a firearm within 100 feet of a voting location, including a ballot drop box. The original text of this bill would have also prohibited a firearm in a vehicle that was within 100 feet of a voting location, but the bill was amended to eliminate that problem.

SB 364- Protection of Election Officials & Increased Penalties

This bill proposes to create higher criminal penalties for intimidation, harassment, and other offenses against election officials and election office staff, continuing a debunked narrative that election officials frequently experience harassment and threats. Although there was an amendment to clarify that communication like politely asked questions couldn’t be considered intimidation, there have been differing opinions about whether the language of the bill is clear that it would only apply to imminent harm and threats of bodily injury to election officials and couldn’t be applied to benign communications. To protect citizens from inaccurate or subjective allegations, this bill.

SB 428- Ranked Choice Voting Expansion

This bill, initially, would have expanded Ranked Choice Voting (RCV) to more local offices. Currently, if a Board of Supervisors or City Council votes to approve RCV it can be used to conduct a Board of Supervisors race or a City Council race. This bill was written to expand that to permit other local office races to be conducted using Ranked Choice Voting. It also would require some minor changes to be made to processes for RCV local races that are currently permitted. This bill was amended so it no longer expands RCV to new local offices. Now, if passed, it only would establish the minor process changes for already permitted RCV races. to benign communications. To protect citizens from inaccurate or subjective allegations, this bill.

HEALTHCARE

Status: The following bills have passed both the House and the Senate and are set to be sent to the Governor for his approval or veto. 

SB 277- Certificate of Public Need

This bill would expand an expedited application and review process for Certificate of Public Need. 

HB 570- Drug Price Setting

This bill would create a Prescription Drug Affordability Board. Under this proposed legislation, the Board will be given authority to limit drug payment amounts and reimbursements to an upper payment limit amount for state sponsored and state regulated health plans. 

LICENSING

Status: The following bills have passed both the House and the Senate and are set to be sent to the Governor for his approval or veto. 

SB 22- Dental Compact

This bill would enter Virginia into an interstate licensing compact for dentists and dental hygienists. Any dentist or dental hygienist licensed in any state participating in the compact would be able to practice in any compact state, increasing access to dental services.

SB 239- Social Worker Compact

This bill would enter Virginia into an interstate licensing compact for fully licensed social workers. Social workers licensed in any state participating in the compact would be able to practice in any compact state, filling a need for more social workers.


All Bills Virginia Institute is Following

ISSUE DESCRIPTION BILL Good Policy or Bad Policy
Education Open enrollment for Public Schools HB 659 Good policy
Election Deadline for reviewing absentee ballots HB 1171 Good policy
Election Re-enter ERIC HB 1177 Bad policy
Election Re-enter ERIC SB 606 Bad policy
Election Ranked Choice Voting expansion SB 270 Bad policy
Election Ranked Choice Voting expansion SB 428 Bad policy
Election Cancellation procedures etc HB 904 Bad policy
Election Extend license/driver privilege cards SB 246 Bad policy
Election Election Officer intimidation & harassment SB 364 Bad policy
Election Automatic DMV Update SB 315 Bad policy
Election Electoral Boards HB 998 Bad policy
Election Voter list maintenance changes SB 300 Bad policy
Election Voter registration challenges HB 1534 Bad policy
Healthcare Drug Price Setting HB 570 Bad policy
Healthcare Certificate of Public Need SB 277 Good policy
Licensing Social Work Compact SB 239 Good policy
Licensing Dental Compact SB 22 Good policy
Transparency FOIA SB 324 Bad policy
Press Release: Safeguarding Virginia’s Future

Virginia Conservative Leaders Coalition Announces Its Veto Recommendations
A package of veto recommendations to safeguard Virginia’s future was delivered to Governor Glenn Youngkin from the Virginia Conservative Leaders Coalition.

RICHMOND, VIRGINIA – The package of bills, passed by the Democrat controlled House and Senate, is made up of legislation that is detrimental to election integrity, the education of our children, traditional family values and the economic freedom of Virginians.

In an effort to rush some bills to the Governor’s desk ahead of the 30 day veto period, thereby providing only a 7 window for the Governor to take action, Democrats appeared to make a pronouncement about the importance of those bills in their press conference on Monday. Regardless of the tactics and efforts at political gamesmanship, there are numerous bills that are bad for Virginians and are worthy of a strong veto by the Governor.

“Collaboration with our partner organizations provides supporters across Virginia with the information they need to understand what the General Assembly is doing that will impact their lives,” said Lynn Taylor, President of the Virginia Institute for Public Policy, Middle Resolution President Craig DiSesa and Derrick Max, President of the Thomas Jefferson Institute agreed. “It is important that the citizens of our Commonwealth are able to form opinions on a myriad of important issues and support our joint efforts to impact legislation that is headed to the Governor.”

Deb Giffin, speaking on behalf of the Virginia Tea Party Federation, added “it is vital that the Governor hear our collective voices on the core issues that matter most to Virginians and affect our daily lives.” Finally, Victoria Cobb, President of The Family Foundation, stated “We are stronger when we work together on behalf of the tens of thousands of Virginians who understand the power of the pen during this critical veto period. We believe that Governor Youngkin will demonstrate strong leadership in this important moment.”

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The Virginia Conservative Leadership Coalition is made up of Virginia-based organizations dedicated to public policy that support and advocate for the fundamental precepts of a free, civil society: individual freedom, economic opportunity, traditional family values and strong stances on the inherent safeguards needed for a constitutional democracy. The coalition is composed of the Virginia Institute for Public Policy, the Thomas Jefferson Institute, Middle Resolution PAC, Virginia Tea Party Federation, and The Family Foundation.

Media inquiries may be sent to: [email protected]

Click here to download the .pdf

Legislative Update: 3 March 2024

Today begins the last week of the 2024 General Assembly session. This means that conference committees are meeting for some bills; they will negotiate compromises on bill details if the House and Senate have slightly different versions that passed the respective chambers. Subcommittees and committees, for the most part, concluded their business last week. But most importantly, this week Governor Youngkin has begun to receive bills to approve or veto. For bills that have already passed both chambers, the Governor has 7 days to sign or veto each bill. For bills that did not receive a vote from both chambers early on, the Governor will have a 30 day timeframe in which to take action with his pen, after session ends. When that 30 day period has elapsed, the General Assembly will return to Richmond to consider any bill amendments the Governor has recommended. The General Assembly can choose to accept or reject the Governor’s amendments during the Reconvened Session, which will take place on Wednesday, April 17. Please review the information below, noting especially the bills that the Governor has before him.

2024 Session Overview Numbers
(Total # of bills and resolutions)

  • Introduced: 3196
  • Passed the House: 1528
  • Passed the Senate: 1326
  • Continued to next session: 395
  • Failed: 855
  • Vetoed: 0

The report below includes bills that fall into alignment with Virginia Institute’s policy recommendations, either for good policy or bad policy, and received a vote in a committee or on the House or Senate Floor last week. See the bottom of the page for a full list of bills we are following.

ELECTIONS

HB 939 Firearms at Precincts

If passed, this bill would prohibit a person from carrying a firearm within 100 feet of a voting location, including a ballot drop box. The original text of this bill would have also prohibited a firearm in a vehicle that was within 100 feet of a voting location, but the bill was amended to eliminate that problem.

  • Status: Friday, 3/1, this bill was read for the third time in the Senate and passed by the House for the day.

HB 1171 – Absentee Ballot Counting

This bill requires more timely processing of returned mail absentee ballots than the law currently requires. This protects voters, ensuring they have enough time to correct any written errors on their ballot before it is time for ballots to be counted.

  • Status: Friday, 3/1, this bill was read for the third time in the Senate and passed by the House for the day.

SB 364 – Protection of Election Officials & Increased Penalties

This bill proposes to create higher criminal penalties for intimidation, harassment, and other offenses against election officials and election office staff, continuing a debunked narrative that election officials frequently experience harassment and threats. Although there was an amendment to clarify that communication like politely asked questions couldn’t be considered intimidation, there have been differing opinions about whether the language of the bill is clear that it would only apply to imminent harm and threats of bodily injury to election officials and couldn’t be applied to benign communications. To protect citizens from inaccurate or subjective allegations, we oppose this bill.

  • Status: Friday, 3/1, this bill was reported from the House Privileges and Elections committee with a substitute 

SB 428 – Ranked Choice Voting Expansion

This bill, initially, would have expanded Ranked Choice Voting (RCV) for more local offices. Currently, if a Board of Supervisors or City Council votes to approve RCV it can be used to conduct a Board of Supervisors race or a City Council race. This bill was written to expand that to permit other local office races to be conducted using Ranked Choice Voting. It also would require some minor changes to be made to processes for RCV local races that are currently permitted. This bill was amended so it no longer expands RCV to new local offices. Now, if passed, it only would establish the minor process changes for already permitted RCV races. 

  • Status: Friday, 3/1, this bill was reported from the House Privileges and Elections committee with a substitute 

HB 1490Local Electoral Boards

This bill would give power to local governing bodies (like the Board of Supervisors or City Council) to circumvent the local Electoral Boards and dictate the number, location, and hours of operation of early voting locations. 

  • Status: Tuesday, 2/27, this bill died through the motion to continue the bill to 2025 in the Senate Privileges and Elections Committee. 
  • To see bill text and info: Click HERE

THE GOVERNOR’S DESK: The following bills have passed both the House and the Senate and are set to be sent to the Governor for his approval or veto. Please call or email his office as soon as possible and ask that Governor Youngkin veto these bills.

SB 606 & HB 1177 – ERIC

 These bills would require Virginia to re-join the Electronic Registration Information Center (ERIC). Although ERIC claims to be a service to help states keep accurate voter rolls, Virginia left ERIC last year after serious concerns over data privacy breaches and partisanship influence within the organization.

SB 196 & HB 1534 – Voter Registration

These bills would alter the procedure for challenging a voter registration. It would abolish the mechanism for a voter to challenge another voter’s registration eligibility while at a polling place, shifting the responsibility of challenge oversight solely to the court system. In advocating for this, SB 196 and HB 1534 erect barriers that could impede the timely resolution of eligibility disputes. Registrars, who maintain up-to-date, accurate voter registration lists for their areas, should retain control over this process.

SB 246 (similar to HB 1454) – Driver Privilege Card Extension 

This bill eliminates features used to distinguish between citizen and non-citizen state-issued driver’s permits and ID cards, which could facilitate non-citizens voting. 

HB 1408 – Electoral Administration

This bill takes a top-down approach to determining the appropriate number of early voting locations in each Virginia city and county, by directing the Department of Elections to create guidelines for localities to utilize regarding how many early voting locations should be open for early voting. These decisions are best made at the local level, where they are currently made, by the local election administrators who know their locality best.

HB 26 – Acceptable ID Expansion

 This bill expands the list of accepted forms of identification to be presented when voting. Currently, although there is a list of accepted IDs, no ID is required to vote. Any registered voter who arrives at a polling location without an accepted form of identification, or with no ID at all, can sign a statement confirming that they are the registered voter that they say that they are, and then they are permitted to vote. This statement makes the list of acceptable IDs seem like a formality; additionally, some people are concerned that the types of IDs that this bill approves are available to noncitizens. 

HEALTHCARE

SB 277Certificate of Public Need 

This bill would expand an expedited application and review process for Certificate of Public Need. 

  • Status:  Friday, 3/1, this bill was on the House second reading calendar. It is expected to be on the third reading calendar on Monday, 3/4, and to receive a floor vote. 
  • To see bill text and info: Click HERE

HB 570Medicinal Price Setting

This bill would create a Prescription Drug Affordability Board. Under this proposed legislation, the Board will be given authority to limit drug payment amounts and reimbursements to an upper payment limit amount for state sponsored and state regulated health plans. 

  • Status: Thursday, 2/29, this bill passed in the Senate Finance and Appropriations Committee. Next, this bill will be sent to the Senate floor for a vote. 
  • To see bill text and info: Click HERE

LICENSING

THE GOVERNOR’S DESK: The following bill has passed both the House and the Senate and has been sent to the Governor for his approval or veto. Please call or email his office as soon as possible and ask that Governor Youngkin veto this bill.

SB 239 – Social Worker Compact
This bill would enter Virginia into an interstate licensing compact for fully licensed social workers. Social workers licensed in any state participating in the compact would be able to practice in any compact state, filling a need for more social workers. 


All Bills Virginia Institute is Following

ISSUE DESCRIPTION BILL Good Policy or Bad Policy
Education Open enrollment for Public Schools HB 659 Good policy
Election Deadline for reviewing absentee ballots HB 1171 Good policy
Election Re-enter ERIC HB 1177 Bad policy
Election Re-enter ERIC SB 606 Bad policy
Election Ranked Choice Voting expansion SB 270 Bad policy
Election Ranked Choice Voting expansion SB 428 Bad policy
Election Cancellation procedures etc HB 904 Bad policy
Election Extend license/driver privilege cards SB 246 Bad policy
Election Election Officer intimidation & harassment SB 364 Bad policy
Election Automatic DMV Update SB 315 Bad policy
Election Electoral Boards HB 998 Bad policy
Election Voter list maintenance changes SB 300 Bad policy
Election Voter registration challenges HB 1534 Bad policy
Healthcare Drug Price Setting HB 570 Bad policy
Healthcare Certificate of Public Need SB 277 Good policy
Licensing Social Work Compact SB 239 Good policy
Licensing Dental Compact SB 22 Good policy
Transparency FOIA SB 324 Bad policy
F&P Radio | Hans von Spakovsky | 02.25.24



F&P Podcast on Spotify

Freedom & Prosperity Radio! The weekly radio news magazine from the Virginia Institute for Public Policy.

This week’s second topic covers conversation with Mr. Spakovsky from the Heritage Foundation concerning Virginia Voter Integrity. The interview was held at CPAC 2024 in Washington, DC.

Episode 21 of the 2024 season. Held the 25th of February 2024.

F&P Radio | Paul Tice | 02.25.24



F&P Podcast on Spotify

Freedom & Prosperity Radio! The weekly radio news magazine from the Virginia Institute for Public Policy.

This week’s first topic covers the book: “The race to zero: How ESG will crater the global financial system” with guest speaker and author of the book, Paul Tice.

Episode 20 of the 2024 season. Held the 25th of February 2024.

Legislative Update: 25 February 2024

With two weeks left in the General Assembly session before Sine Die, the official conclusion of the session, the House and Senate Committees are beginning to slow their pace. One notable bill (HB 742), that is still active in this session, proposes to change the authority to appoint the Commissioner of Elections to the State Board of Elections instead of leaving it in the hands of the Governor. In a suspenseful vote, the motion to kill this bill was unsuccessful in the Senate Privileges and Elections Committee this week on Tuesday; one or more committee members of both parties voted to keep the bill alive. After that, one committee member requested delaying the decision of the committee on the bill and that request was agreed to by the committee. 

Also of note, last week the Senate and House both made public their proposals for Virginia’s budget and analyses have been produced by various organizations of these budget proposals. 

Here’s a reminder of the key dates during the 2024 General Assembly session: 

  • First day: Wednesday, January 10th
  • Last day for a legislator to submit a bill: 3pm Friday, January 19th
  • Crossover deadline: Tuesday, February 13th
  • Last day of session (also known as Sine Die): Saturday, March 9th
  • Reconvene Session: Wednesday, April 17

2024 Session Overview Numbers
(Total # of bills and resolutions)

  • Introduced: 2910
  • Passed the House: 1279
  • Passed the Senate: 962
  • Continued to next session: 348
  • Failed: 826
  • Vetoed: 0

The report below includes bills that fall into alignment with Virginia Institute’s policy recommendations, either for good policy or bad policy, and received a vote in a committee or on the House or Senate Floor last week. See the bottom of the page for a full list of bills we are following.

EDUCATION

HB 659 – Open Enrollment
The original version of this bill would have established open enrollment for public schools in Virginia. After being amended, the bill directs the Department of Education to publish guidelines and best practices about open enrollment for the localities that choose to offer open enrollment within their district. It also reiterates that Virginia law already prohibits charging tuition for students participating in open enrollment.

  • Status: On Thursday, 2/22, this bill died in the Senate Education and Health Committee. 
  • To see bill text and info: Click HERE

ELECTIONS

HB 1454 (similar to SB 246)Driver Privilege Card Extention
This bill eliminates identifying features used to distinguish between citizen and non-citizen state-issued driver’s permits and ID cards, which could facilitate non-citizens voting. – PASSED

  • Status: On Thursday, 2/22, this bill was passed in the Senate Transportation Committee. Next, this bill will be sent to the Senate Finance and Appropriations Committee for a vote. 
  • To see bill text and info: Click HERE

SB 246 (similar to HB 1454) – Driver Privilege Card Extention
This bill eliminates identifying features used to distinguish between citizen and non-citizen state-issued driver’s permits and ID cards, which could facilitate non-citizens voting. 

  • Status: Thursday, 2/22, this bill was passed in the House Transportation Committee. This bill previously passed in the Senate and will now be sent to the House floor for a vote. 
  • To see bill text and info: Click HERE

HB 441More Curbside Voting
This bill expands the practice of curbside voting to not only individuals with a physical impairment but also those who have a mental impairment; this could significantly increase the use of curbside voting. When used at all, we believe the best practice is for curbside voting to be available only for individuals who need physical accommodations.

  • Status: Tuesday, 2/20, this bill passed in the Senate Privileges and Elections Committee. Next, it will be sent to the Senate floor for a vote. 
  • To see bill text and info: Click HERE

SB 364 – Protection of Election Officials & Increased Penalities
This bill proposes to create higher criminal penalties for intimidation, harassment, and other offenses against election officials and election office staff, continuing a debunked narrative that election officials frequently experience harassment and threats. Although there was an amendment to clarify that communication like politely asked questions couldn’t be considered intimidation, there have been differing opinions about whether the language of the bill is clear that it would only apply to imminent harm and threats of bodily injury to election officials and couldn’t be applied to benign communications. To protect citizens from inaccurate or subjective allegations, this bill.

  • Status: Monday, 2/19, this bill passed in the House Election Administration Subcommittee. This bill will now be sent to the full House Privileges and Elections Committee and previously passed on the Senate floor.
  • To see bill text and info: Click HERE
  • Radio interview discussing this bill

HB 939 – Firearms at Precincts
If passed, this bill would prohibit a person from carrying a firearm within 100 feet of a voting location, including a ballot drop box. In addition to the problem of restricting the right to bear arms, this bill could create a situation where someone accidentally violates the law simply by walking on the sidewalk near a drop box. The original text of this bill would have also prohibited a firearm in a vehicle that was within 100 feet of a voting location, but the bill was amended to eliminate that problem. – VOTE DELAYED

  • Status: On Tuesday, 2/20, this bill was on the agenda of the Senate Privileges and Elections Committee, but a vote on the bill was delayed through a motion to pass the bill by for the week. 
  • To see bill text and info: Click HERE

HB 1177 (companion SB 606) – ERIC
This bill would require Virginia to re-join the Electronic Registration Information Center (ERIC). Although ERIC claims to be a service to help states keep accurate voter rolls, Virginia left ERIC last year after serious concerns over data privacy breaches and partisanship influence within the organization.  – PASSED

  • Status: On Tuesday, 2/20, this bill passed in the Senate Privileges and Elections Committee. Next, it will be sent to the Senate floor for a vote. 
  • To see bill text and info: Click HERE

HB 1534 (similar to SB 196) – Voter Challenge Oversight Changes
This bill would alter the procedure for challenging a voter registration. Currently, local registrars handle these cases, but this bill proposes court system oversight which would prevent any Election Day challenges. Registrars, who maintain up-to-date, accurate voter registration lists for their areas, should retain control over this process. – PASSED

  • Status: On Tuesday, 2/20, this bill passed in the Senate Privileges and Elections Committee. Next, it will be sent to the Senate floor for a vote. 
  • To see bill text and info: Click HERE

SB 270 – Ranked Choice Voting
This bill would have allowed ranked choice voting for presidential primary elections. Ranked choice voting creates unnecessary barriers for voters by making voting confusing and prone to errors, making vote counting extremely complicated and ensuring audits for these elections are difficult (if not impossible) to conduct. – KILLED

  • Status: On Monday, 2/19, this bill died in the House Election Administration Subcommittee through the motion to continue the bill to 2025
  • To see bill text and info: Click HERE

SB 315 – Automatic DMV Updates
Although the intent of this bill was to provide the Department of Elections with current information for registered voters who visit the DMV by updating their information automatically, passing this bill would have created errors in registered voter information. Visitors to the DMV often register vehicles that are not housed at their primary residence, but at a secondary residence. There is already a known problem where voters accidentally become registered at the wrong location, where they house a vehicle, after getting that vehicle registered at the DMV. This bill would have exacerbated that problem. – KILLED

    • Status: On Monday, 2/19, this bill died in the House Election Administration Subcommittee through the motion to continue the bill to 2025
    • To see bill text and info: Click HERE

HEALTHCARE

HB 570 – Price Setting for Medicine
This bill creates a Prescription Drug Affordability Board. Under this proposed legislation, the Board will be given authority to limit drug payment amounts and reimbursements to an upper payment limit amount for state sponsored and state regulated health plans. – VOTE DELAYED

  • On Thursday, 2/22, this bill was on the agenda of the Senate Education and Health Committee, but did not receive a vote. Instead, the committee sent the bill to the Commerce and Labor Committee for a vote. 
  • To see bill text and info: Click HERE

LICENSING

SB 22 Dental Interstate Compact
This bill would enter Virginia into an interstate licensing compact for dentists and dental hygienists. Any dentist or dental hygienist licensed in any state participating in the compact would be able to practice in any compact state, increasing access to dental services. – PASSED

  • Status: On Tuesday, 2/20, this bill was on the House third reading calendar and passed in a floor vote. It previously passed the Senate and next will be sent to the Governor’s desk for his approval or veto.  
  • To see bill text and info: Click HERE

SB 239 – Social Worker Compact
This bill would enter Virginia into an interstate licensing compact for fully licensed social workers. Social workers licensed in any state participating in the compact would be able to practice in any compact state, filling a need for more social workers. – PASSED

  • Status: On Tuesday, 2/20, this bill was on the House third reading calendar and passed in a floor vote. It previously passed the Senate and next will be sent to the Governor’s desk for his approval or veto.  

To see bill text and info: Click HERE


All Bills Virginia Institute is Following

ISSUE DESCRIPTION BILL Good Policy or Bad Policy
Education Open enrollment for Public Schools HB 659 Good policy
Election Deadline for reviewing absentee ballots HB 1171 Good policy
Election Re-enter ERIC HB 1177 Bad policy
Election Re-enter ERIC SB 606 Bad policy
Election Ranked Choice Voting expansion SB 270 Bad policy
Election Ranked Choice Voting expansion SB 428 Bad policy
Election Cancellation procedures etc HB 904 Bad policy
Election Extend license/driver privilege cards SB 246 Bad policy
Election Election Officer intimidation & harassment SB 364 Bad policy
Election Automatic DMV Update SB 315 Bad policy
Election Electoral Boards HB 998 Bad policy
Election Voter list maintenance changes SB 300 Bad policy
Election Voter registration challenges HB 1534 Bad policy
Healthcare Drug Price Setting HB 570 Bad policy
Healthcare Certificate of Public Need SB 277 Good policy
Licensing Social Work Compact SB 239 Good policy
Licensing Dental Compact SB 22 Good policy
Transparency FOIA SB 324 Bad policy
Legislative Update: 18 February 2024

This week included some startling developments at the General Assembly. It started Monday with a distasteful series of events where House leadership prevented amendments on HB 404 and forced a vote of the bill on the House floor, and continued into the middle of the week when a long-standing member of the House Appropriations Committee, Delegate Barry Knight, was unexpectedly removed by the Speaker of the House from serving on the committee and replaced with another legislator. Delegate Amanda Batten was also replaced on the House Rules Committee.

Of note, further details will be released today, Sunday, February 18th, from the General Assembly about the most recent developments with the state budget proposal. The Chairman of the Senate Finance and Appropriations Committee has made a statement of bold opposition to the Governor’s priority to build a professional sports arena, saying financial backing for the project would not be part of the Senate version of the budget.

Crossover, which is the deadline for House bills to pass the House and Senate bills to pass the Senate, was on Tuesday, February 13th. Here are a number of bad policy proposals that will not be continuing forward this year:

Donor disclosures HB 276
Public higher ed campus precincts HB 941
National Popular Vote HB 375
Electronic ballot return HB 796
Counting absentee ballots early HB 694
Automatic DMV update for voter info HB 565
Change General Registrar term HB 1529
Chief deputy registrar required HB 1530
Prevention for running for office
– insurrections
HB 280


Here’s a reminder of the key dates during the 2024 General Assembly session: 

  • First day: Wednesday, January 10th
  • Last day for a legislator to submit a bill: 3pm Friday, January 19th
  • Crossover deadline: Tuesday, February 13th
  • Last day of session (also known as Sine Die): Saturday, March 9th
  • Reconvene Session: Wednesday, April 17

With just shy of three weeks left in the 2024 General Assembly session, we’ll continue to follow legislation and provide you valuable weekly updates.

2024 Session Overview Numbers
(Total # of bills and resolutions)

  • Introduced: 2815
  • Passed the House: 1011
  • Passed the Senate: 725
  • Continued to next session: 333
  • Failed: 814
  • Vetoed: 0

The report below includes bills that fall into alignment with Virginia Institute’s policy recommendations, either for good policy or bad policy, and received a vote in a committee or on the House or Senate Floor last week. See the bottom of the page for a full list of bills we are following.

DONOR PRIVACY

SB 78: Donor Disclosure Privacy
Originally, this bill required nonprofit donors’ names to be displayed on public ads when they supported a referendum or made other contributions as specified. Online public documents already disclose these donors, but displaying their names on ads would make them exceptionally more vulnerable to targeting and doxing. An amendment to the bill removed the language that required donors’ names to be released when donating to support a referendum. The current amended version of the bill requires donor disclosures only when donating to a 501(C)(4) organization that runs ads about a specific candidate. – KILLED

  • Status: Monday, 2/12, this bill was on the Senate third reading calendar and was killed in a floor vote.
  • To see bill text and info: Click HERE

EDUCATION

HB 659: Open Enrollment
The original version of this bill would have established open enrollment for public schools in Virginia. After being amended, the bill directs the Department of Education to publish guidelines and best practices about open enrollment for the localities that choose to offer open enrollment within their district. It also makes a change regarding tuition in these circumstances. PASSED

  • Status: Status: Tuesday, 2/13, this bill was on the House third reading calendar and passed in a floor vote.
  • To see bill text and info: Click HERE

ELECTIONS

SB 606 (companion HB 1177): Voter Registration and Data Sharing

This bill would require Virginia to re-join the Electronic Registration Information Center (ERIC). Although ERIC claims to be a service to help states keep accurate voter rolls, Virginia left ERIC last year after serious concerns over data privacy breaches and partisanship influence within the organization. –PASSED

  • Status: Monday, 2/12, this bill was on the Senate third reading calendar and passed in a floor vote. On Thursday, 2/15, it was referred to the House Privileges and Elections committee. 

HB 1177 (companion SB 606): Voter Registration and Data Sharing

This bill would require Virginia to re-join the Electronic Registration Information Center (ERIC). Although ERIC claims to be a service to help states keep accurate voter rolls, Virginia left ERIC last year after serious concerns over data privacy breaches and partisanship influence within the organization. –PASSED

  • Status: Tuesday, 2/13, this bill was on the House third reading calendar and passed in a floor vote. 
  • To see bill text and info: Click HERE

SB 196: Process Change for Voter Registration Challenges

This bill would change the process of a challenge to a voter registration to being overseen by the court system instead of the current practice of those cases being handled by local registrars. Since registrars are responsible to keep current and accurate voter registration lists for their locality, we support them retaining oversight of this process. The bill also includes measures that would make it more difficult to raise challenges to a voter’s registration. –PASSED

  • Status: Monday, 2/12, this bill was on the House third reading calendar and passed in a floor vote. On Friday, 2/16, it was passed in the House Privileges and Elections committee.
  • To see bill text and info: Click HERE

SB 364: Protection of Election Officials

This bill proposes to create higher criminal penalties for intimidation, harassment, and other offenses against election officials and election office staff, continuing a debunked narrative that election officials frequently experience harassment and threats. Recently, some election officials have stated that they feel harassed or intimidated by polite citizens who simply asked questions or who exercised their right to participate in an election as a poll observer. To protect citizens from inaccurate or subjective allegations, we oppose this bill. – PASSED

  • Status: Tuesday, 2/13, this bill was on the Senate third reading calendar and passed in a floor vote. 
  • To see bill text and info: Click HERE
  • Radio interview discussing this bill

SB 428 & SB 270: Ranked Choice Voting
The first bill, SB 428, expands the option for elections to be conducted by ranked choice voting to any race for local or constitutional office. Currently, ranked choice voting is only an option for City Council and Board of Supervisors races. The second bill, SB 270, would allow ranked choice voting for presidential primary elections. Ranked choice voting creates unnecessary barriers for voters by making voting confusing and prone to errors, making vote counting extremely complicated and ensuring audits for these elections are difficult (if not impossible) to conduct. –  PASSED

  • Status: Monday, 2/12, SB 428 and SB 270 were on the Senate third reading calendar and passed in a floor vote. 
  • To see SB 428 text and info: Click HERE
  • To see SB 270 text and info: Click HERE

SB 315 (companion HB 565): Automatic DMV Updates
Although the intent of this bill is to provide the Department of Elections with current information for registered voters who visit the DMV by updating their information automatically, passing this bill would create errors in the registered voter information. Visitors to the DMV often register vehicles that are not housed at their primary residence, but at a secondary residence. There is already a known problem where voters accidentally become registered at the wrong location, where they house a vehicle, after getting the vehicle registered at the DMV. This bill would exacerbate that problem. – PASSED

  • Status: Monday, 2/12, this bill was on the Senate third reading calendar and passed in a floor vote. 
  • To see bill text and info: Click HERE

HB 565 (companion SB 315): Automatic DMV Updates
Like SB 315, the intent of this bill was to provide the Department of Elections with current information for registered voters who visit the DMV by updating their information automatically. Passing this bill, however, would have created errors in the registered voter information for the same reasons as listed above. – KILLED

  • Status: On Friday, 2/9, this bill died for this year in the House Privileges and Elections Committee through the motion to continue the bill to 2025. 
  • To see bill text and info: Click HERE

HB 280: Prevention of Public Office
This bill would prohibit persons who have been convicted of offenses related to rioting or unlawful assembly from obtaining elected office (or non elected “positions of public trust”). It establishes in Virginia law that there was an insurrection at the U.S. Capitol on January 6 and establishes that this new law (prohibiting public service) will apply to anyone who was convicted of an offense tied to the events at the Capitol on January 6th, 2021. – VOTE DELAYED

  • Status: On Friday, 2/9, this bill was on the agenda of the House Privileges and Elections Committee, but the vote was delayed through the motion to pass by the bill for the day because the sponsor of the bill was in another meeting.
  • To see bill text and info: Click HERE

HB 363: Affidavit of Innocence
This bill sets forth that any person who has engaged in insurrection or rebellion against the U.S. or given aid to enemies of the U.S. is disqualified from serving in a government position. It also establishes a process whereby an individual serving in a public office can be removed if found disqualified in this manner. – KILLED

  • Status: On Friday, 2/9, this bill died for this year in the House Privileges and Elections Committee through the motion to continue the bill to 2025.
  • To see bill text and info: Click HERE

HB 1529: General Registrar Term
This bill extends the term of General Registrars service from 4 years to 8 years; this would have an effective date in June 2029. It also specifies that the electoral board should presume that the incumbent general registrar wishes to stay in office unless they notify the electoral board otherwise. – KILLED

  • Status: On Friday, 2/9, this bill died in the House Privileges and Elections Committee through the motion to pass by indefinitely.
  • To see bill text and info: Click HERE

HB 1530: Deputy Registrar Requirements
This bill requires each locality to have one designated chief deputy registrar. The bill requires chief deputy registrars serving on a full-time basis to be paid at least 60 percent of the salary of the general registrar. It also requires that chief deputy registrars serve on a full-time basis for localities whose population is greater than 10,000. – KILLED

  • Status: On Friday, 2/9, this bill died in the House Privileges and Elections Committee through the motion to pass by indefinitely.
  • To see bill text and info: Click HERE

HB 742: Election Commissioner Appointment
This bill changes the process by which the state Commissioner of Elections is appointed. Currently, the Governor appoints the Commissioner; if this bill passes, the State Board of Elections (SBE) would be authorized to appoint the Commissioner instead of the Governor. The SBE would also be authorized to remove the Commissioner from their position. The General Assembly would still need to confirm the appointment for Commissioner. Originally, the bill also included expanding more positions on the State Board of Elections, but that part of the bill has been removed. – BILL REVIVED/RECONSIDERED

  • Status: On Friday, 2/2, this bill died in the House Privileges and Elections Committee through the motion to continue the bill to 2025. On Friday, 2/9, the bill was reconsidered and brought before the committee again for a vote. The bill was amended and was passed in the House Privileges and Elections Committee. Next, the bill will be sent to the House floor for a vote. 
  • To see bill text and info: Click HERE

HEALTHCARE

HB 570: Drug Price Setting
This bill creates a Prescription Drug Affordability Board. Under this proposed legislation, the Board will be given authority to limit drug payment amounts and reimbursements to an upper payment limit amount for state sponsored and state regulated health plans. – PASSED

  • Status: Tuesday, 2/13, this bill was on the House third reading calendar and passed in a floor vote. 

To see bill text and info: Click HERE

LICENSING

SB 22: Dentists and Dental Hygienist Compact
This bill would enter Virginia into an interstate licensing compact for dentists and dental hygienists. Any dentist or dental hygienist licensed in any state participating in the compact would be able to practice in any compact state, increasing access to dental services. – PASSED

  • Status: Thursday, 2/15, this bill passed in the House Health and Human Services Committee. This bill previously passed on the Senate floor and will now be sent to the House floor for a vote.
  • To see bill text and info: Click HERE

SB 239: Social Work Compact
This bill would enter Virginia into an interstate licensing compact for fully licensed social workers. Social workers licensed in any state participating in the compact would be able to practice in any compact state, filling a need for more social workers.  – PASSED

  • Status: Thursday, 2/15, this bill passed in the House General Laws Committee. This bill previously passed on the Senate floor and will now be sent to the House floor for a vote.

To see bill text and info: Click HERE


All Bills Virginia Institute is Following

ISSUE DESCRIPTION BILL Good Policy or Bad Policy
Education Open enrollment for Public Schools HB 659 Good policy
Election Deadline for reviewing absentee ballots HB 1171 Good policy
Election Re-enter ERIC HB 1177 Bad policy
Election Re-enter ERIC SB 606 Bad policy
Election Ranked Choice Voting expansion SB 270 Bad policy
Election Ranked Choice Voting expansion SB 428 Bad policy
Election Cancellation procedures etc HB 904 Bad policy
Election Extend license/driver privilege cards SB 246 Bad policy
Election Election Officer intimidation & harassment SB 364 Bad policy
Election Automatic DMV update for voter info SB 315 Bad policy
Election Electoral Boards HB 998 Bad policy
Election Voter list maintenance changes SB 300 Bad policy
Election Voter registration challenges HB 1534 Bad policy
Healthcare Drug Price Setting HB 570 Bad policy
Healthcare Certificate of Public Need SB 277 Good policy
Licensing Social Work Compact SB 239 Good policy
Licensing Dental Compact SB 22 Good policy
Transparency FOIA SB 324 Bad policy
Legislative Update: 11 February 2024

We are about half way through the 2024 General Assembly session, with crossover on Tuesday, February 13th. This means that bills are getting rapidly shepherded through committees lasting late into the afternoon and even into the night sometimes, trying to get each bill passed in the chamber it was introduced in before the crossover deadline. With the long hours spent considering new legislative proposals in mind, take a moment to thank a legislator today; as much as they are in the spotlight, it is typically to take hits of criticism and not to receive appreciation for their efforts to serve the Commonwealth. Regardless of similarities or differences, most people are serving in their role as best as they know how. 

Find Your Legislators

A notable announcement from the executive branch, there is a new cutting edge website tool to facilitate easier permit processing at the state level. It is called Virginia Permit Transparency and the establishment of this tool has been spearheaded by the Office of Regulatory Management. Although currently only permits from a few departments are available through the new website, more agencies will be beginning to utilize it soon.


2024 Session Overview Numbers

(Total # of bills and resolutions)

  • Introduced: 2735
  • Passed the House: 604
  • Passed the Senate: 511
  • Continued to next session: 322
  • Failed: 282
  • Vetoed: 0


Here’s a reminder of the key dates during the 2024 General Assembly session: 

  • First day: Wednesday, January 10th
  • Last day for a legislator to submit a bill: 3pm Friday, January 19th
  • Crossover deadline: Tuesday, February 13th
  • Last day of session (also known as Sine Die): Saturday, March 9th
  • Reconvene Session: Wednesday, April 17

The report below includes bills that fall into alignment with Virginia Institute’s policy recommendations, either for good policy or bad policy, and received a vote in a committee or on the House or Senate Floor last week. See the bottom of the page for a full list of bills we are following.

DONOR PRIVACY

SB 78: Donor Disclosure Privacy
Originally, this bill required nonprofit donors’ names to be displayed on public ads when they supported a referendum or made other contributions as specified. Online public documents already disclose these donors, but displaying their names on ads would make them exceptionally more vulnerable to targeting and doxing. An amendment to the bill removed the language that required donors’ names to be released when donating to support a referendum. The current amended version of the bill requires donor disclosures only when donating to a 501(C)(4) organization that runs ads about a specific candidate.

  • Status: On Tuesday, 2/7, this bill was passed with amendments in the Senate Privileges and Elections Committee. The amendment to the bill removed the language that required donors’ names to be released when donating to support a referendum. The current amended version of the bill requires donor disclosures only when donating to a 501(C)(4) organization that runs ads about a specific candidate.
  • To see bill text and info: Click HERE

EDUCATION

HB 659: Open Enrollment
The original version of this bill would have established open enrollment for public schools in Virginia. After being amended, the bill directs the Department of Education to publish guidelines and best practices about open enrollment for the localities that choose to offer open enrollment within their district. It also makes a change regarding tuition in these circumstances. PASSED

  • Status: On Tuesday, 2/7, this bill was passed in the House K-12 Education Subcommittee with amendments. It will next be sent to the full House Education Committee for a vote, today, Wednesday, 2/7.
  • To see bill text and info: Click HERE

ELECTIONS

HB 565: Automatic DMV Updates
Although the intent of this bill is to provide the Department of Elections with current information for registered voters who visit the DMV by updating their information automatically, passing this bill would create errors in the registered voter information. Visitors to the DMV often register vehicles that are not housed at their primary residence, but at a secondary residence. There is already a known problem where voters accidentally become registered at the location where they house a vehicle (instead of their primary residence) after getting the vehicle registered at the DMV. This bill would exacerbate that problem. – KILLED

  • Status: On Friday, 2/9, this bill died for this year in the House Privileges and Elections Committee through the motion to continue the bill to 2025. 
  • To see bill text and info: Click HERE

HB 280: Prevention of Public Office

This bill would prohibit persons who have been convicted of offenses related to rioting or unlawful assembly from obtaining elected office (or non elected “positions of public trust”). It establishes in Virginia law that there was an insurrection at the U.S. Capitol on January 6 and establishes that this new law (prohibiting public service) will apply to anyone who was convicted of an offense tied to the events at the Capitol on January 6th, 2021. – VOTE DELAYED

  • Status: On Friday, 2/9, this bill was on the agenda of the House Privileges and Elections Committee, but the vote was delayed through the motion to pass by the bill for the day because the sponsor of the bill was in another meeting.
  • To see bill text and info: Click HERE

HB 363: Affidavit of Innocence

This bill sets forth that any person who has engaged in insurrection or rebellion against the U.S. or given aid to enemies of the U.S. is disqualified from serving in a government position. It also establishes a process whereby an individual serving in a public office can be removed if found disqualified in this manner. – KILLED

  • Status: On Friday, 2/9, this bill died for this year in the House Privileges and Elections Committee through the motion to continue the bill to 2025.
  • To see bill text and info: Click HERE

HB 1529: General Registrar Term

This bill extends the term of General Registrars service from 4 years to 8 years; this would have an effective date in June 2029. It also specifies that the electoral board should presume that the incumbent general registrar wishes to stay in office unless they notify the electoral board otherwise. – KILLED

  • Status: On Friday, 2/9, this bill died in the House Privileges and Elections Committee through the motion to pass by indefinitely.
  • To see bill text and info: Click HERE

HB 1530: Deputy Registrar Requirements

This bill requires each locality to have one designated chief deputy registrar. The bill requires chief deputy registrars serving on a full-time basis to be paid at least 60 percent of the salary of the general registrar. It also requires that chief deputy registrars serve on a full-time basis for localities whose population is greater than 10,000. – KILLED

  • Status: On Friday, 2/9, this bill died in the House Privileges and Elections Committee through the motion to pass by indefinitely.
  • To see bill text and info: Click HERE

HB 742: Election Commissioner Appointment

This bill changes the process by which the state Commissioner of Elections is appointed. Currently, the Governor appoints the Commissioner; if this bill passes, the State Board of Elections (SBE) would be authorized to appoint the Commissioner instead of the Governor. The SBE would also be authorized to remove the Commissioner from their position. The General Assembly would still need to confirm the appointment for Commissioner. Originally, the bill also included expanding more positions on the State Board of Elections, but that part of the bill has been removed. – BILL REVIVED/RECONSIDERED

  • Status: On Friday, 2/2, this bill died in the House Privileges and Elections Committee through the motion to continue the bill to 2025. On Friday, 2/9, the bill was reconsidered and brought before the committee again for a vote. The bill was amended and was passed in the House Privileges and Elections Committee. Next, the bill will be sent to the House floor for a vote. 
  • To see bill text and info: Click HERE

HB 375: Enter Virginia into the National Popular Vote Compact

This bill would require Virginia to give their electoral votes for U.S. President to the candidate who wins the majority of the popular vote in all 50 states and D.C. If passed, this change would not go into effect immediately; it would go into effect once enough states join the compact to equal a majority of the electoral votes nationwide. – KILLED

  • Status: On Monday, 2/5, this bill was killed in the House Election Administration Subcommittee through the motion to continue the bill to 2025. 
  • To see bill text and info: Click HERE

HB 694: Counting Absentee Ballots Before Close of Polls

This bill would make changes regarding the timing of counting of absentee ballots, including some counting to begin at noon on election day before close of polls. We are concerned these changes could make vulnerable the integrity of elections and potentially influence the outcome of elections as well. – KILLED

  • Status: On Monday, 2/5, this bill was killed in the House Election Administration Subcommittee through the motion to continue the bill to 2025. 
  • To see bill text and info: Click HERE

HB 1189: Hand Count Audits

This bill would establish random hand count audits of elections at the local level. KILLED

  • On Monday, 2/5, this bill was killed in the House Election Administration Subcommittee through the motion to lay the bill on the table. 
  • To see bill text and info: Click HERE

SB 364: Protection of Election Officials

This bill proposes to create higher criminal penalties for intimidation, harassment, and other offenses against election officials and election office staff, continuing a debunked narrative that election officials frequently experience harassment and threats. Recently, some election officials have stated that they feel harassed or intimidated by polite citizens who simply asked questions or who exercised their right to participate in an election as a poll observer. To protect citizens from inaccurate or subjective allegations, we oppose this bill.  – PASSED

  • Status: Monday, 2/5, this bill was passed with amendments, in the Senate Courts of Justice Committee. The amendments clarify what actions would be considered a crime against an election official, and the amendments improve the bill. Even with some improvements to the bill as a result of the amendments, we oppose the bill. This bill has been sent to the Senate Finance Committee, where it will be voted on next. 
  • To see bill text and info: Click HERE
  • Radio interview discussing this bill 

HB 796: Electronic Ballot Return
This bill allows ballots to be returned electronically, in cases where the voter is overseas, military, or has a physical impairment. Electronic ballot return raises security concerns. Additionally, once started it could open the floodgate for expanding electronic ballot voting for all voters. – KILLED

  • Status: On Friday, 2/2, this bill died in the House Privileges and Elections Committee through the motion to table the bill.
  • To see bill text and info: Click HERE

HB 1177: Voter Registration and Data Sharing

This bill would require Virginia to re-join the Electronic Registration Information Center (ERIC). Although ERIC claims to be a service to help states keep accurate voter rolls, Virginia left ERIC last year after serious concerns over data privacy breaches and partisan related influence within the organization. – PASSED

  • Status: On Friday, 2/2, this bill was passed in the House Privileges and Elections Committee. It has been sent to the House Appropriations Subcommittee on General Government and Capital Outlay. 
  • To see bill text and info: Click HERE

HB 502: Nonbinary Registration

This bill allows individuals to register to vote with their gender listed as nonbinary, along with various other law changes that allow a person to change their legally recognized gender to nonbinary. – PASSED

  • Status: On Tuesday, 2/7, this bill was passed in the House General Laws Committee. HB 502 was then sent to the House Appropriations Committee for its next vote. 
  • To see bill text and info: Click HERE

SB 364: Protection of Election Officials

This bill proposes to create higher criminal penalties for intimidation, harassment, and other offenses against election officials and election office staff, continuing a debunked narrative that election officials frequently experience harassment and threats. Recently, some election officials have stated that they feel harassed or intimidated by polite citizens who simply asked questions or were exercising their right to participate in an election as a poll observer. To protect citizens from inaccurate or subjective allegations, we oppose this bill. – VOTE DELAYED

  • Status: Monday, 1/29, this bill was scheduled for a vote in the Senate Courts of Justice Committee. The committee voted to pass by the bill for the day, delaying the vote until the next time this committee meets. 
  • To see bill text and info: Click HERE
  • Radio interview discussing this bill

HB 1171: Absentee Voting

This bill would require more timely processing of returned mail absentee ballots than the law currently requires. This protects voters, ensuring they have enough time to correct any written errors on their ballot before it is time for ballots to be counted. 

  • Status: Thursday, 2/1, HB 1171 was on the House uncontested third reading calendar and was passed on the House Floor in a bloc. Next, it will be sent to the Senate to await an assignment to a Senate committee.
  • To see bill text and info: Click HERE

SB 315: Voter Registration

Although the intent of this bill is to provide the Department of Elections with current information for registered voters who visit the DMV by updating their information automatically, passing this bill would create errors in the registered voter information. Visitors to the DMV often register vehicles that are not housed at their primary residence, but at a secondary residence. There is already a known problem where voters accidentally become registered at the location where they house a vehicle (instead of their primary residence) after getting the vehicle registered at the DMV. This bill would exacerbate that problem. 

  • Status: Tuesday, 1/30. SB 315 was referred to the Senate Finance and Appropriations committee.
  • To see bill text and info: Click HERE

SB 428 & SB 270: Ranked Choice Voting 

The first bill, SB 428, expands the option for elections to be conducted by ranked choice voting to any race for local or constitutional office. Currently, ranked choice voting is only an option for City Council and Board of Supervisors races. The second bill, SB 270, would allow ranked choice voting for presidential primary elections. Ranked choice voting creates unnecessary barriers for voters by making voting confusing and prone to errors, making vote counting extremely complicated and ensuring audits for these elections are difficult (if not impossible) to conduct. 

  • Status: Tuesday, 1/30, both bills were passed in the Senate Privileges and Elections Committee and were sent to the Senate Finance and Appropriations Committee. 
  • To see SB 428 text and info: Click HERE
  • To see SB 270 text and info: Click HERE

HB 1532: Voter Registration

 Virginia is one of the most expensive states in the nation to acquire the voter roll. This bill would reduce the cost to purchase the voter roll file from the Virginia Department of Elections. – KILLED

  • Status: Wednesday, 1/31, this bill was recommended to lay on the table in the Privileges and Elections subcommittee (5-Y 3-N). 
  • To see bill text and info: Click HERE

SB 606: Voter Registration and Data Sharing

 This bill would require Virginia to re-join the Electronic Registration Information Center (ERIC). Although ERIC claims to be a service to help states keep accurate voter rolls, Virginia left ERIC last year after serious concerns over data privacy breaches and partisanship influence within the organization. 

  • Status: Tuesday, 1/30, this bill was referred to the Finance and Appropriations committee
  • To see bill text and info: Click HERE

HB 502: Nonbinary Registration

This bill would allow individuals to register to vote with their gender listed as nonbinary instead of male or female, along with various other law changes that allow a person to change their legally recognized gender to nonbinary. 

  • Status: Thursday, 2/1, this bill was passed in the House Professions, Occupations and Administrative Process Subcommittee. Next, it will be sent to the full House General Laws Committee for a vote.
  • To see bill text and info: Click HERE

HB 796: Electronic Ballot Return

This bill allows ballots to be returned electronically, in cases where the voter is overseas, military, or has a physical impairment. Electronic ballot return raises security concerns. Additionally, once started it could open the floodgate for expanding electronic ballot voting for all voters. – KILLED

  • Status: Friday, 2/2, this bill died in the House Privileges and Elections Committee.
  • To see bill text and info: Click HERE

HEALTHCARE

SB 277: Certificate of Public Need Process Change
This bill would expand an expedited application and review process for Certificate of Public Need. – PASSED

  • Status: On Tuesday, 2/7, this bill was on the Senate third reading calendar and passed on the Senate Floor. Next, it will be sent to the House and await a committee assignment. 
  • To see bill text and info: Click HERE

LICENSING

SB 22: Dentists and Dental Hygienist Compact
This bill would enter Virginia into an interstate licensing compact for dentists and dental hygienists. Any dentist or dental hygienist licensed in any state participating in the compact would be able to practice in any compact state, increasing access to dental services. – PASSED

  • Status: On Monday, 2/5, this bill was on the House uncontested third reading calendar and passed in a block vote on the House Floor. Next, it will be assigned a committee in the Senate. 
  • To see bill text and info: Click HERE 

SB 239: Social Work
This bill would enter Virginia into an interstate licensing compact for fully licensed social workers. Social workers licensed in any state participating in the compact would be able to practice in any compact state, filling a need for more social workers.  

  • Status: Yesterday, Monday, 2/5, this bill was on the House third reading calendar and passed in a vote on the House Floor. Next, it will be assigned a committee in the Senate.
  • To see bill text and info: Click HERE

SB 407: Teacher Mobility Compact
This bill would enter Virginia into the Interstate Teacher Mobility Compact. Teachers licensed in any state participating in the compact would be able to practice in any compact state, filling a need for more educators. – KILLED

  • Status: On Thursday, 2/8, this bill was stricken from the Senate Education and Health Committee agenda at the request of the legislator who was carrying the bill.
  • To see bill text and info: Click HERE

TAXES

HB 1414: Reinstating the Death Tax
This bill proposes to reinstate the estate tax for deceased persons. – KILLED

  • Status: On Monday, 2/5, this bill was killed in the House Finance Subcommittee #3 through the motion to continue the bill to 2025. 
  • To see bill text and info: Click HERE


All Bills Virginia Institute is Following

ISSUE DESCRIPTION BILL LINK Good Policy or Bad Policy
EDUCATION Education Savings Account (ESA) SB 533 Good Policy
EDUCATION Education Savings Account HB1164 Good Policy
EDUCATION Education Tax Credit HB1180 Good Policy
EDUCATION Open Enrollment for Public Schools HB 659 Good Policy
EDUCATION Local Authority for ESA SB 380 Good Policy
ELECTIONS Donor Disclosure HB 276 Bad Policy
ELECTIONS 14 days of Early Voting HB 932 Good Policy
ELECTIONS 14 days of Early Voting HB 1200 Good Policy
ELECTIONS Ranked Choice Voting expansion HB 658 Bad Policy
ELECTIONS Election Reform HB 393 Good Policy
ELECTIONS Pulic Higher Ed Campus Precincts HB 941 Bad Policy
ELECTIONS Deadline for Reviewing AB returns HB 1171 Good Policy
ELECTIONS FOIA Bill SB 324 Bad Policy
ELECTIONS Non Binary Voter Registration HB 502 Bad Policy
ELECTIONS Re-enter ERIC HB 1177 Bad Policy
ELECTIONS Re-enter ERIC SB 606 Bad Policy
ELECTIONS National Popular Vote HB 375 Bad Policy
ELECTIONS Ranked Choice Voting Expansion SB 270 Bad Policy
ELECTIONS Ranked Choice Voting Expansion SB 428 Bad Policy
ELECTIONS Electronic Ballot Return HB 796 Bad Policy
ELECTIONS Ranked Choice Voting Expansion HB 841 Bad Policy
ELECTIONS Extend License/Driver Privilege Cards SB 246 Bad Policy
ELECTIONS Insurrection, Rebellion, Riot SB280 Bad Policy
ELECTIONS Insurrection, Rebellion, Riot HB363 Bad Policy
ELECTIONS Counting AB Before Close of Polls HB694 Bad Policy
ELECTIONS EO Intimidation & Harassment Penalties SB 364 Bad Policy
ELECTIONS Removal of Same Day Registration SB 92 Good Policy
ELECTIONS SSN Administration Verification for Voters SB32 Good Policy
ELECTIONS 21 Days of Early Voting SB42 Good Policy
ELECTIONS Photo ID Required for Voting SB45 Good Policy
ELECTIONS Photo ID Required for Voting SB81 Good Policy
ELECTIONS Voter Roll Cost Reduction HB 1532 Good Policy
ELECTIONS 30 days of early voting HB44 Good Policy
ELECTIONS Omnibus HB 1176 Good Policy
ELECTIONS ID Type Noted for Provisional Ballot HB 1170 Good Policy
ELECTIONS Automatic DMV update for Voter Info HB 565 Bad Policy
ELECTIONS Automatic DMV update for Voter Info SB 315 Bad Policy
ELECTIONS Printed Receipt for Voter SB 303 Good Policy
ENERGY California Car Repeal HB3 Good Policy
HEALTHCARE COPN – Psychiatric Beds HB 628 Good Policy
HEALTHCARE COPN Repeal HB 1188 Good Policy
LICENSING Social Work Compact SB 239 Good Policy
LICENSING Dentist & Dental Hygienist Compact SB 22 Good Policy
LICENSING Teacher Compact SB 407 Good Policy
REG REFORM Reg Budget Bill HB 722 Good Policy
LABOR Portable Benefits Related HB 734 Good Policy
TAXES Reinstate the Death Tax HB 1414 Bad Policy
TAXES Flatten the Tax Rate HB 89 Good Policy

 

Legislative Update: 4 February 2024

This week many good policy ideas were rejected by House and Senate committees, including a bill to allow K-12 students to attend a school outside of their zone, a bill to repeal certificate of public need, a bill that would require parental notification for children who desire to be treated as transgender at school, a bill to allow education dollars to follow the student, and a bill to lower the cost for purchase of voter registration roll data. Despite the highly positive impact these reforms would have had on the Commonwealth, the majority of the legislators who voted on these ideas chose to keep more kids in failing schools, more patients with unmet medical needs, and more voters without confidence in elections.

However, one highlight of the week was a rejected legislative proposal to allow electronic ballot return under certain circumstances. Robust testimony from technology experts convinced legislators on both sides of the aisle that this was not a good path for Virginia, preserving the integrity of our elections.

A new cutting edge website tool was announced this week by the Governor to facilitate easier permit processing at the state level. It is called Virginia Permit Transparency and the establishment of this tool has been spearheaded by the Office of Regulatory Management. Although currently only permits from a few departments are available through the new website, more agencies will be beginning to utilize it soon.


2024 Session Overview Numbers

(Total # of bills and resolutions)

  • Introduced: 2520
  • Passed the House: 76
  • Passed the Senate: 134
  • Continued to next session: 20
  • Failed: 99
  • Vetoed: 0


Here’s a reminder of the key dates during the 2024 General Assembly session: 

  • First day: Wednesday, January 10th
  • Last day for a legislator to submit a bill: 3pm Friday, January 19th
  • Crossover deadline: Tuesday, February 13th
  • Last day of session (also known as Sine Die): Saturday, March 9th
  • Reconvene Session: Wednesday, April 17 

The report below includes bills that fall into alignment with Virginia Institute’s policy recommendations, either for good policy or bad policy, and received a vote in a committee or on the House or Senate Floor last week. See the bottom of the page for a full list of bills we are following.

 

EDUCATION

HB 1180: Parental Tax Credit

This bill establishes the Virginia Parental Tax Credit (PTC). The tax credit would provide families more educational flexibility and choice. If parents decide to provide their student’s education through in-home instruction or private school, it allows them to receive a tax credit for qualifying educational expenses. This would include curriculum, tuition, and tutoring. – KILLED

  • Status: Monday, 1/29, this bill died through the motion to lay the bill on the table in House Finance Subcommittee #1.
  • To see bill text and info: Click HERE

HB 1164: Education Excellence for All Program

 This bill would establish the Education Excellence for All program, to allow education dollars to follow a student if a student leaves the public education system to utilize alternatives like private school or homeschool. Parents would then receive education dollars to cover costs like tuition or curriculum. Students would be eligible for this program if their parents’ income was at or below 300% of the poverty level. – KILLED

  • Status: Tuesday, 1/30, the K-12 subcommittee voted to lay the bill on the table (6-Y 2-N)
  • To see bill text and info: Click HERE

SB 552: Open Enrollment

This bill would allow open enrollment for public schools in Virginia. The proposed legislation would allow a student the option to attend a different public school in the county they live in, other than the one assigned to them based on their address. – KILLED

  • Status: Thursday, 2/1, this bill died in the Senate Public Education Subcommittee
  • To see bill text and info: Click HERE

ELECTIONS

SB 364: Protection of Election Officials

This bill proposes to create higher criminal penalties for intimidation, harassment, and other offenses against election officials and election office staff, continuing a debunked narrative that election officials frequently experience harassment and threats. Recently, some election officials have stated that they feel harassed or intimidated by polite citizens who simply asked questions or were exercising their right to participate in an election as a poll observer. To protect citizens from inaccurate or subjective allegations, we oppose this bill. – VOTE DELAYED

  • Status: Monday, 1/29, this bill was scheduled for a vote in the Senate Courts of Justice Committee. The committee voted to pass by the bill for the day, delaying the vote until the next time this committee meets. 
  • To see bill text and info: Click HERE
  • Radio interview discussing this bill

HB 1171: Absentee Voting

This bill would require more timely processing of returned mail absentee ballots than the law currently requires. This protects voters, ensuring they have enough time to correct any written errors on their ballot before it is time for ballots to be counted. 

  • Status: Thursday, 2/1, HB 1171 was on the House uncontested third reading calendar and was passed on the House Floor in a bloc. Next, it will be sent to the Senate to await an assignment to a Senate committee.
  • To see bill text and info: Click HERE

SB 315: Voter Registration

Although the intent of this bill is to provide the Department of Elections with current information for registered voters who visit the DMV by updating their information automatically, passing this bill would create errors in the registered voter information. Visitors to the DMV often register vehicles that are not housed at their primary residence, but at a secondary residence. There is already a known problem where voters accidentally become registered at the location where they house a vehicle (instead of their primary residence) after getting the vehicle registered at the DMV. This bill would exacerbate that problem. 

  • Status: Tuesday, 1/30. SB 315 was referred to the Senate Finance and Appropriations committee.
  • To see bill text and info: Click HERE

SB 428 & SB 270: Ranked Choice Voting 

The first bill, SB 428, expands the option for elections to be conducted by ranked choice voting to any race for local or constitutional office. Currently, ranked choice voting is only an option for City Council and Board of Supervisors races. The second bill, SB 270, would allow ranked choice voting for presidential primary elections. Ranked choice voting creates unnecessary barriers for voters by making voting confusing and prone to errors, making vote counting extremely complicated and ensuring audits for these elections are difficult (if not impossible) to conduct. 

  • Status: Tuesday, 1/30, both bills were passed in the Senate Privileges and Elections Committee and were sent to the Senate Finance and Appropriations Committee. 
  • To see SB 428 text and info: Click HERE
  • To see SB 270 text and info: Click HERE

HB 1532: Voter Registration

 Virginia is one of the most expensive states in the nation to acquire the voter roll. This bill would reduce the cost to purchase the voter roll file from the Virginia Department of Elections. – KILLED

  • Status: Wednesday, 1/31, this bill was recommended to lay on the table in the Privileges and Elections subcommittee (5-Y 3-N). 
  • To see bill text and info: Click HERE

SB 606: Voter Registration and Data Sharing

 This bill would require Virginia to re-join the Electronic Registration Information Center (ERIC). Although ERIC claims to be a service to help states keep accurate voter rolls, Virginia left ERIC last year after serious concerns over data privacy breaches and partisanship influence within the organization. 

  • Status: Tuesday, 1/30, this bill was referred to the Finance and Appropriations committee
  • To see bill text and info: Click HERE

HB 502: Nonbinary Registration

This bill would allow individuals to register to vote with their gender listed as nonbinary instead of male or female, along with various other law changes that allow a person to change their legally recognized gender to nonbinary. 

  • Status: Thursday, 2/1, this bill was passed in the House Professions, Occupations and Administrative Process Subcommittee. Next, it will be sent to the full House General Laws Committee for a vote.
  • To see bill text and info: Click HERE

HB 796: Electronic Ballot Return

This bill allows ballots to be returned electronically, in cases where the voter is overseas, military, or has a physical impairment. Electronic ballot return raises security concerns. Additionally, once started it could open the floodgate for expanding electronic ballot voting for all voters. – KILLED

  • Status: Friday, 2/2, this bill died in the House Privileges and Elections Committee.
  • To see bill text and info: Click HERE

HEALTHCARE

HB 628: Certificate of Public Need

This bill removes certain hospitals from the Certificate of Public Need requirement. – KILLED

  • Status: Thursday, 2/1, this bill died in the House Health Subcommittee through the motion to continue the bill to 2025.
  • To see bill text and info: Click HERE

HB 1188: Certificate of Public Need

This bill would create a three-phase process to eliminate the Certificate of Public Need requirements for many categories of medical care facilities and projects. – KILLED

  • Status: Thursday, 2/1, this bill died in the House Health Subcommittee through the motion to lay the bill on the table. 
  • To see bill text and info: Click HERE

LICENSING

SB 22: Dentists and Dental Hygienists

 This bill would enter Virginia into an interstate licensing compact for dentists and dental hygienists. Any dentist or dental hygienist licensed in any state participating in the compact would be able to practice in any compact state, increasing access to dental services.

  • Status: Friday, 2/2, this bill was read for the second time on the Senate floor. It is expected to be on the third reading calendar on Monday, 2/5, and receive a floor vote.
  • To see bill text and info: Click HERE

SB 239: Social Work

This bill would enter Virginia into an interstate licensing compact for fully licensed social workers. Social workers licensed in any state participating in the compact would be able to practice in any compact state, filling a need for more social workers.  

  • Status: Friday, 2/2, this bill was read for the second time on the Senate floor. It is expected to be on the third reading calendar on Monday, 2/5, and receive a floor vote.
  • To see bill text and info: Click HERE


All Bills Virginia Institute is Following

ISSUE DESCRIPTION BILL LINK Good Policy or Bad Policy
EDUCATION Education Savings Account (ESA) SB 533 Good Policy
EDUCATION Education Savings Account HB1164 Good Policy
EDUCATION Education Tax Credit HB1180 Good Policy
EDUCATION Open Enrollment for Public Schools HB 659 Good Policy
EDUCATION Local Authority for ESA SB 380 Good Policy
ELECTIONS Donor Disclosure HB 276 Bad Policy
ELECTIONS 14 days of Early Voting HB 932 Good Policy
ELECTIONS 14 days of Early Voting HB 1200 Good Policy
ELECTIONS Ranked Choice Voting expansion HB 658 Bad Policy
ELECTIONS Election Reform HB 393 Good Policy
ELECTIONS Pulic Higher Ed Campus Precincts HB 941 Bad Policy
ELECTIONS Deadline for Reviewing AB returns HB 1171 Good Policy
ELECTIONS FOIA Bill SB 324 Bad Policy
ELECTIONS Non Binary Voter Registration HB 502 Bad Policy
ELECTIONS Re-enter ERIC HB 1177 Bad Policy
ELECTIONS Re-enter ERIC SB 606 Bad Policy
ELECTIONS National Popular Vote HB 375 Bad Policy
ELECTIONS Ranked Choice Voting Expansion SB 270 Bad Policy
ELECTIONS Ranked Choice Voting Expansion SB 428 Bad Policy
ELECTIONS Electronic Ballot Return HB 796 Bad Policy
ELECTIONS Ranked Choice Voting Expansion HB 841 Bad Policy
ELECTIONS Extend License/Driver Privilege Cards SB 246 Bad Policy
ELECTIONS Insurrection, Rebellion, Riot SB280 Bad Policy
ELECTIONS Insurrection, Rebellion, Riot HB363 Bad Policy
ELECTIONS Counting AB Before Close of Polls HB694 Bad Policy
ELECTIONS EO Intimidation & Harassment Penalties SB 364 Bad Policy
ELECTIONS Removal of Same Day Registration SB 92 Good Policy
ELECTIONS SSN Administration Verification for Voters SB32 Good Policy
ELECTIONS 21 Days of Early Voting SB42 Good Policy
ELECTIONS Photo ID Required for Voting SB45 Good Policy
ELECTIONS Photo ID Required for Voting SB81 Good Policy
ELECTIONS Voter Roll Cost Reduction HB 1532 Good Policy
ELECTIONS 30 days of early voting HB44 Good Policy
ELECTIONS Omnibus HB 1176 Good Policy
ELECTIONS ID Type Noted for Provisional Ballot HB 1170 Good Policy
ELECTIONS Automatic DMV update for Voter Info HB 565 Bad Policy
ELECTIONS Automatic DMV update for Voter Info SB 315 Bad Policy
ELECTIONS Printed Receipt for Voter SB 303 Good Policy
ENERGY California Car Repeal HB3 Good Policy
HEALTHCARE COPN – Psychiatric Beds HB 628 Good Policy
HEALTHCARE COPN Repeal HB 1188 Good Policy
LICENSING Social Work Compact SB 239 Good Policy
LICENSING Dentist & Dental Hygienist Compact SB 22 Good Policy
LICENSING Teacher Compact SB 407 Good Policy
REG REFORM Reg Budget Bill HB 722 Good Policy
LABOR Portable Benefits Related HB 734 Good Policy
TAXES Reinstate the Death Tax HB 1414 Bad Policy
TAXES Flatten the Tax Rate HB 89 Good Policy

 

Legislative Update: 27 January 2024

The General Assembly hit the ground running on January 10th and will soon have been in session for three weeks. The same day that the legislature came back, Governor Youngkin delivered his State of the Commonwealth address. One remark from his address, “Please don’t bring me a bill that impacts Virginians’ Right to Work, as it will be met with the business end of my veto pen” is a statement that we hope is a foreshadowing of his plan for all anti free market legislation. 

2024 Session Overview Numbers
(Total # of bills and resolutions)

  • Introduced: 2520
  • Passed the House: 76
  • Passed the Senate: 134
  • Continued to next session: 20
  • Failed: 99
  • Vetoed: 0


Here’s a reminder of the key dates during the 2024 General Assembly session: 

  • First day: Wednesday, January 10th
  • Last day for a legislator to submit a bill: 3pm Friday, January 19th
  • Crossover deadline: Tuesday, February 13th
  • Last day of session (also known as Sine Die): Saturday, March 9th
  • Reconvene Session: Wednesday, April 17 

The report below includes bills that fall into alignment with Virginia Institute’s policy recommendations, either for good policy or bad policy, and received a vote in a committee or on the House or Senate Floor last week. See the bottom of the page for a full list of bills we are following. 

DONOR PRIVACY 

HB 276: Donor Disclosure
This bill would require, in some cases, nonprofit donors’ names to be displayed on public ads when they support a referendum or make other contributions as outlined in the bill. Online public documents already disclose these donors, but displaying their names on ads would make them exceptionally more vulnerable to targeting and doxing. – PASSED

  • Status: 1/24, the House Privileges and Elections Subcommittee on Campaign Finance voted to pass this bill. Next, this bill will be heard in the full House Privileges and Elections Committee.
  • To see bill text and info: Click HERE

EDUCATION

SB 380: Local Authority for ESA
This bill would have required each school board to create a process allowing a qualified student to access funding set aside for alternative educational opportunities to earn class credit or satisfy a graduation requirement. This bill proposed to facilitate the option for education dollars to follow the student at the local level. – KILLED 

  • Status: Thursday, 1/18, this bill was killed in the Senate Public Education Subcommittee.
  • To see bill text and info: Click HERE

SB 421: Foster Child Scholarship Program
This bill would have established the Foster Child Scholarship Program to allow school-age children in foster care who reside in Virginia to attend the participating public or private school of their caregiver’s choice. – KILLED 

  • Status: Thursday, 1/18, this bill was killed in the Senate Public Education Subcommittee. 
  • To see bill text and info: Click HERE 

SB 533: Education Savings Account (ESA)
Would have established the Education Excellence for All program, to allow education dollars to follow a student if a student leaves the public education system to utilize alternatives like private school or homeschool. Parents would have then received education dollars to cover costs like tuition or curriculum. Students would be eligible for this program if their parents’ income was at or below 300% of the poverty level. – KILLED 

  • Status: Thursday, 1/18, this bill was killed in the Senate Public Education Subcommittee. 
  • To see bill text and info: Click HERE 

SB 552: Open Enrollment for Public Schools
This bill would have allowed open enrollment for public schools in Virginia, which would give a student the option to attend a different public school than the one assigned to them based on the address of their residence. – KILLED 

  • Status: Thursday, 1/18, this bill was killed in the Senate Public Education Subcommittee.
  • To see bill text and info: Click HERE 

SB 421: Foster Child Scholarship Program
This bill would have established the Foster Child Scholarship Program to allow school-age children in foster care who reside in Virginia to attend the participating public or private school of their caregiver’s choice. – KILLED 

  • Status: Thursday, 1/18, this bill was killed in the Senate Public Education Subcommittee. 
  • To see bill text and info: Click HERE 

LICENSING

SB 22: Dentist & Dental Hygienist Compact
This bill would enter Virginia into an interstate licensing compact for dentists and dental hygienists. Any dentist or dental hygienist licensed in any state participating in the compact would be able to practice in any compact state, increasing access to dental services. – PASSED

  • Status: Thursday, 1/25, this bill passed in the Senate Education and Health Committee with amendments and was sent to the Senate Finance and Appropriations Committee. Previously, this bill passed in the Senate Health Professions subcommittee.
  • To see bill text and info: Click HERE

SB 239: Social Work Compact
This bill would enter Virginia into an interstate licensing compact for fully licensed social workers. Social workers licensed in any state participating in the compact would be able to practice in any compact state, filling a need for more social workers. – PASSED

  • Status: Thursday, 1/25, this bill passed in the Senate Education and Health Committee and was sent to the Senate Finance and Appropriations Committee. Previously, this bill passed in the Senate Health Professions subcommittee.
  • To see bill text and info: Click HERE

ELECTIONS

SB 315: Automatic DMV update for Voter Info
Although the intent of this bill is to provide the Department of Elections with current information for registered voters who visit the DMV by updating their information automatically, passing this bill would create errors in the registered voter information. Visitors to the DMV often register vehicles that are not housed at their primary residence, but at a secondary residence. There is already a known problem where voters accidentally become registered at the location where they house a vehicle (instead of their primary residence) after getting the vehicle registered at the DMV. This bill would exacerbate that problem. – VOTE DELAYED 

  • Status: Tuesday, 1/23, the Senate Privileges and Elections Committee voted to pass by this bill for the week. The Senate Privileges and Elections Committee is scheduled to meet again next Tuesday and this bill is expected to be voted on at that time. 
  • To see bill text and info: Click HERE 

SB 428: Ranked Choice Voting Expansion
This bill expands the option for elections to be conducted by ranked choice voting to any race for local or constitutional office. Currently, ranked choice voting is only an option for City Council and Board of Supervisors races. Ranked choice voting creates unnecessary barriers for voters by making voting confusing and prone to errors, making vote counting extremely complicated and ensuring audits for these elections are difficult (if not impossible) to conduct. – VOTE DELAYED 

  • Status: Tuesday, 1/23, the Senate Privileges and Elections Committee voted to pass by this bill for the week. The Senate Privileges and Elections Committee is scheduled to meet again next Tuesday and this bill is expected to be voted on at that time. 
  • To see bill text and info: Click HERE 

SB 606: Re-enter ERIC
This bill would require Virginia to re-join the Electronic Registration Information Center (ERIC). Although ERIC claims to be a service to help states keep accurate voter rolls, Virginia left ERIC last year after serious concerns over data privacy breaches and partisanship influence within the organization. – VOTE DELAYED 

  • Status: Tuesday, 1/23, the Senate Privileges and Elections Committee voted to pass by this bill for the week. The Senate Privileges and Elections Committee is scheduled to meet again next Tuesday and this bill is expected to be voted on at that time. 
  • To see bill text and info: Click HERE 

SB 364: Election Officer Intimidation & Harassment Penalties
This bill proposes to create higher criminal penalties for intimidation, harassment, and other offenses against election officials and election office staff, continuing a debunked narrative that election officials frequently experience harassment and threats. Recently, some election officials have stated that they feel harassed or intimidated by polite citizens who simply asked questions or were exercising their right to participate in an election as a poll observer. To protect citizens from inaccurate or subjective allegations, we oppose this bill. – VOTE DELAYED 

  • Status: Tuesday, 1/16, this bill was on the agenda for the Senate Privileges and Elections Committee meeting; however, at the beginning of the meeting the chair of the committee asked for it to be rereferred to the Senate Courts of Justice Committee. The vote was made to rerefer the bill to that committee instead.
  • To see bill text and info: Click HERE

SB 32: SSN Administration Verification for Voters
This bill would have ensured that the Social Security Number an individual provides when registering to vote actually belongs to them. – KILLED 

  • Status: Tuesday, 1/16, this bill was killed in the Senate Privileges and Elections Committee. 
  • To see bill text and info: Click HERE 

SB 42: 21 Days of Early Voting
This bill would have reduced the in-person absentee voting time frame from 45 days to three weeks (21 days). – KILLED 

  • Status: Tuesday, 1/16, this bill was killed in the Senate Privileges and Elections Committee. 
  • To see bill text and info: Click HERE 

SB 45 & SB 81: Photo ID Required for Voting
To require a photo ID when voting. – KILLED 

  • Status: Tuesday, 1/16, SB 45 was incorporated into SB 81 and then the bill was killed in the Senate Privileges and Elections Committee. 
  • To see bill text and info for SB 45: Click HERE 
  • To see bill text and info for SB 81: Click HERE 

SB 303: Printed Receipt for Voter
Requires a voting machine to print a receipt for each voter that casts a ballot. – VOTE POSTPONED 

  • Status: Tuesday, 1/16, SB 303 was on the agenda of the Senate Privileges and Elections Committee but was passed by for the day because the sponsor of the bill was not available to present. 
  • To see bill text and info: Click HERE

 

All Bills Virginia Institute is Following

ISSUE DESCRIPTION BILL LINK Good Policy or Bad Policy
EDUCATION Education Savings Account (ESA) SB 533 Good Policy
EDUCATION Education Savings Account HB1164 Good Policy
EDUCATION Education Tax Credit HB1180 Good Policy
EDUCATION Open Enrollment for Public Schools HB 659 Good Policy
EDUCATION Local Authority for ESA SB 380 Good Policy
ELECTIONS Donor Disclosure HB 276 Bad Policy
ELECTIONS 14 days of Early Voting HB 932 Good Policy
ELECTIONS 14 days of Early Voting HB 1200 Good Policy
ELECTIONS Ranked Choice Voting expansion HB 658 Bad Policy
ELECTIONS Election Reform HB 393 Good Policy
ELECTIONS Pulic Higher Ed Campus Precincts HB 941 Bad Policy
ELECTIONS Deadline for Reviewing AB returns HB 1171 Good Policy
ELECTIONS FOIA Bill SB 324 Bad Policy
ELECTIONS Non Binary Voter Registration HB 502 Bad Policy
ELECTIONS Re-enter ERIC HB 1177 Bad Policy
ELECTIONS Re-enter ERIC SB 606 Bad Policy
ELECTIONS National Popular Vote HB 375 Bad Policy
ELECTIONS Ranked Choice Voting Expansion SB 270 Bad Policy
ELECTIONS Ranked Choice Voting Expansion SB 428 Bad Policy
ELECTIONS Electronic Ballot Return HB 796 Bad Policy
ELECTIONS Ranked Choice Voting Expansion HB 841 Bad Policy
ELECTIONS Extend License/Driver Privilege Cards SB 246 Bad Policy
ELECTIONS Insurrection, Rebellion, Riot SB280 Bad Policy
ELECTIONS Insurrection, Rebellion, Riot HB363 Bad Policy
ELECTIONS Counting AB Before Close of Polls HB694 Bad Policy
ELECTIONS EO Intimidation & Harassment Penalties SB 364 Bad Policy
ELECTIONS Removal of Same Day Registration SB 92 Good Policy
ELECTIONS SSN Administration Verification for Voters SB32 Good Policy
ELECTIONS 21 Days of Early Voting SB42 Good Policy
ELECTIONS Photo ID Required for Voting SB45 Good Policy
ELECTIONS Photo ID Required for Voting SB81 Good Policy
ELECTIONS Voter Roll Cost Reduction HB 1532 Good Policy
ELECTIONS 30 days of early voting HB44 Good Policy
ELECTIONS Omnibus HB 1176 Good Policy
ELECTIONS ID Type Noted for Provisional Ballot HB 1170 Good Policy
ELECTIONS Automatic DMV update for Voter Info HB 565 Bad Policy
ELECTIONS Automatic DMV update for Voter Info SB 315 Bad Policy
ELECTIONS Printed Receipt for Voter SB 303 Good Policy
ENERGY California Car Repeal HB3 Good Policy
HEALTHCARE COPN – Psychiatric Beds HB 628 Good Policy
HEALTHCARE COPN Repeal HB 1188 Good Policy
LICENSING Social Work Compact SB 239 Good Policy
LICENSING Dentist & Dental Hygienist Compact SB 22 Good Policy
LICENSING Teacher Compact SB 407 Good Policy
REG REFORM Reg Budget Bill HB 722 Good Policy
LABOR Portable Benefits Related HB 734 Good Policy
TAXES Reinstate the Death Tax HB 1414 Bad Policy
TAXES Flatten the Tax Rate HB 89 Good Policy

 

Education Cost and Effectiveness

The Intricate Dance of Funding and Educational Outcomes in the Wake of a Pandemic

In the realm of education, the allocation of resources has always been a topic of fervent discussion. Per Pupil Expenditures (PPE) and, by proxy, teacher salaries often serve as a
barometer for gauging educational investment within the political discourse. However, the question that looms ever larger is whether an increase in PPE invariably leads to enhanced
educational outcomes. This debate has gained even more traction in the wake of the COVID-19 pandemic, which introduced the pressing issue of “learning loss.”

The Cost of Focusing on Cost

It’s a seemingly straightforward equation: more funds should equate to better resources, leading to improved education. With a boost in PPE, schools, in theory, can employ more adept
educators, reduce class sizes, and invest in state-of-the-art technology. Yet, by and large, statistical evidence suggests little to no relationship between increasing educational funding and
measurable benefits to educational outcomes for children.

An interesting example is the district-level spending afforded by the monies in the American Rescue Plan’s Elementary and Secondary School Emergency Relief Fund (ARP ESSER). A
recent working paper published by NBER observed no statistical significance to the effect of ARP ESSER funding categories on the year-over-year changes, positive or negative, in testing
proficiency for both the English Language Arts (ELA) and mathematics. This could be for one of two reasons: the programs are near-universally ineffective, or the programs are near-universally “theoretical,” i.e., unimplemented beyond what was initially required to receive funding.

The observations in this study echo long-standing and oft-replicated research bringing into question the argument that good educational outcomes are a function of high education
spending. Although some spending, whether done publicly or privately, is certainly required to fund any service, the question remains: does increasing funding lead to better outcomes?
Considering the penultimate growth in education funding in contrast with the mild and, at times, inverse progress made in educational outcomes, the answer is, most assuredly, no.

As indicated by NBER’s working paper, the pandemic has added a layer of complexity to this subject. Schools, particularly Virginia schools, face considerable gaps in those foundational
skills children must have to succeed in the modern world. A scorecard tracking education recovery produced collaboratively by Stanford and Harvard Universities provides a record of the
gains or losses in education suffered since the epidemic began. Virginia’s students have suffered more than most other states, with nearly every district behind by approximately 1.5 years in ELA and mathematics by the end of the 2022 school year.

While additional expenditures can potentially address some of these gaps for some kids, the relationship between funding and outcomes is neither linear nor particularly significant. While
we continue to wait to see exactly where the ARP ESSER funding has landed in each district, it is important to recognize that past performance, parental involvement, and teacher autonomy are going to play a comparatively outsized role in whether or not the current generation of students ever recover from the learning loss foisted upon them by poorly considered pandemic
lockdowns.

Money makes the world go-‘round, but not particularly well.

But why isn’t there any consistent correlation between additional funding and increased outcomes? The answer here is simple; funding does not necessarily equate to more resources,
better teachers, or greater opportunities for learning. Funding only guarantees some resources, some teachers, and some opportunities without any consistent assurance of quality.

The key to quality is fundamentally about group incentives. Several key identities are involved in the education system, each operating under dissimilar needs. Teachers may be socially or
morally incentivized to endeavor to become excellent at their job, but collectively, their number one incentive is compensation. Teaching is the way in which they care for their own families,
after all. Administrators are much the same, but as the perceived arbiters of quality control in public and private education, they have an added incentive to avoid regular (or any) interaction
with “abusive” or hyper-involved parents. Teachers’ unions are incentivized to collect more and higher dues. To accomplish this goal, they must be perceived as effective representatives of the
teachers’ interests with their employer. In the case of public instruction, this means an effective apparatus for lobbying the state and tweaking public opinion.

Students are broadly incentivized to graduate, but there is probably a much more disparate series of incentives for students than any other group, given the conventional challenges of maturing in a modern first-world society. Finally, parents, as a group, have the strongest incentive to see real and positive outcomes from their children’s education. Cynically, this might be attributed to a desire for their children to move out as soon as possible or a hope that their children will supplement their care in their old age. More reasonably and charitably, however, parents do genuinely love their children and care very much about their future.

Oddly, the American public school system has successfully divorced the incentives of educators from that of parents as the only interested party with an inherent and near-universal collective
desire for positive educational outcomes. This is, of course, not what we see from other goods and services we utilize for the benefit of our children. Summer camps, tutoring services, toys,
and even snack foods all tend to be provided exactly within the spectrum of quantity and quality that different families are hoping to consume. This is because the incentives of the providers of these goods and services (e.g., to receive compensation and avoid complaints) align directly with the desires of their target consumers (e.g., family-friendly fun, education, enjoyment, or
playtime).

To simplify, third-party payers disconnect the service provider’s incentives from the consumer’s needs. If teachers and administrators rely on the government for the food on their tables, they
have little intrinsic need to perform services to the standards of the average Joe sending their child to school.

What’s going on today?

Of course, effectively zero percent of the American public wants to revisit the decision to have a public education system. Even parents who educate their children at home hope their local public school continues operating as it has. People do, by and large, trust in the good faith efforts of their local teachers and school administrators, and that’s certainly a good thing. But all the outstanding data suggests we could, and should, be doing much better. This said, several interesting experiments being performed around the country have provided additional education
opportunities outside the traditional model with promising levels of success – Education Savings Accounts, tax credits, and Virginia’s own EISTC program, for example. Governor Youngkin’s
recent efforts to provide access to ARP ESSER funding in the form of “learning recovery” grants, directly providing one-time funding to get extra educational help for children who need it,
is a positive step or at least a well-intentioned and considered step, bearing in mind the operational difficulty the program has faced at its outset.

These experiments, although politically challenging to enact regardless of the partisan makeup of a state, stand to provide massive amounts of data and numerous opportunities to refine and
reinvent American education for the better. As anyone who has truly considered the miracles of the internet, Amazon, or even a simple grocery store in the context of world history will know,
choice and accessibility are nearly always the cure for widely divergent beliefs and needs in a civil society. The challenge is that it is much easier for political leaders to see a one-size-fits-all
solution as a viable and necessary option, even when we all recognize that one size doesn’t ever really fit anybody.

Another more concrete difficulty is how the balance of the $2.2 billion ARP ESSER funds has been used or may be used. Although annual reporting was a requirement for receiving federal
funding, the Commonwealth and its districts have reported only how much of the grant has been spent, about $1.7 billion as of the end of the 2022-2023 school year. Virginia does not, however, provide any detail as to what the funding has been used for other than the state and local plans initially submitted to receive the funding. Nor does the state or its various localities seem to indicate whether the activities, personnel, goods, or services purchased have been delivered. As far as fiscal accountability is concerned, the federal government, the average Virginian, and possibly even the state government have been left in the dark.

With the noted exception of Governor Youngkin’s highly visible grant program, the Commonwealth’s rather nonchalant disinterest in public transparency compounds the challenges
that Virginia is facing regarding education, broadly, and learning loss, more particularly. Without the ability to track the use of this money, there is no way to determine what local efforts worked and which did not. If we cannot replicate or reject educational programs based on measures of outcomes in the context of cost, then all the programs are simply moot.

Policy Primer: Regulatory Reform (2023)

The cost of regulation between 1980 and today is estimated to be more than $5 trillion representing a 25% shortfall in would-be economic growth. This number is exceedingly difficult for most people to visualize, so this simple mental exercise can be beneficial in communicating just how much has been lost:

Five million seconds is about 58 days;

Five trillion seconds is 158,440 years.

As anyone can see, this loss of real value to our economy is not insignificant. In response, the Virginia Institute for Public Policy’s regulatory reform initiative proposes the implementation of a Regulatory Budget Program coupled with establishing a Universal Regulatory Sandbox. These measures aim to promote economic growth, innovation, and regulatory efficiency by limiting or eliminating the continued inflation of regulatory requirements while providing an environment where compliance burdens are temporarily removed to enhance and promote experimentation and development of new products, services, and business methodologies in the Commonwealth.

VIPP Policy Primer: Regulatory Reform (2023)

Click HERE to view or download.

Legislative Update: 26 February 2023

Yesterday, Saturday (02.25.2023), the General Assembly adjourned Sine Die, ending the regular legislative session for 2023. Negotiations on the budget failed to reach full fruition, but before they adjourned the assembly members passed what they are calling a “gapstop” budget bill. It is four pages long, and covers a small number of items on which consensus was reached, allowing negotiations to continue in the coming weeks for the remaining controversial items. Governor Youngkin has indicated that as soon as the rest of the budget decisions are determined he will call a special session for the budget vote.

2023 Session Overview Numbers
(Total # of bills and resolutions)

The report below includes bills that fall into alignment with Virginia Institute’s policy recommendations, either for good policy or bad policy, and received a vote in a committee or on the House or Senate Floor last week. 

PRIVACY RIGHTS

HB 1437 & SB 1165: Database Storage of License Plate Info – DEAD
These bills were designed to allow for expanded use of devices that scan vehicle license plates. It would allow devices to be placed on the side of the road that would collect license plate data from every vehicle that passes by, invading the privacy of citizens without their knowledge and without cause. These devices are currently used by law enforcement in some areas of Virginia to find criminals, but this bill expands where and how they are permitted to be used.

The legislators carrying these bills both decided to have their bills sent back to committee, realizing that they would not pass on the Floor. See details below:

  • HB 1437 Status: Previously, this bill passed the House. Last week, HB 1437 was anticipated to receive a Senate Floor vote, but the bill was sent back to the Senate Transportation Committee to die instead.
  • To see bill text and info: Click HERE
  • SB 1165 Status: Previously, this bill passed on the Senate Floor. Last week, SB 1165 received a failing vote on the House Floor; however, after the bill failed there was a successful motion made to reconsider the vote. The next day, SB 1165 was anticipated to receive another Floor vote, but the bill was rereferred back to the House Transportation Committee to die instead. 
  • To see bill text and info: Click HERE

TECH & INNOVATION

HB 1784: Digital Tokens & Decentralized Autonomous Organizations DEAD
This bill would have formalized the use of Decentralized Autonomous Organizations to create an exception from security regulations regarding digital tokens. It would have also removed barriers for small tech companies to start businesses in Virginia, utilizing block-chain and algorithmic technology to increase business efficiency.

  • Bill Status: Previously, this bill passed on the House Floor. Last week, HB 1784 was killed in the Senate Commerce and Labor Committee through the motion to pass by indefinitely.
  • To see bill text and info: Click HERE
Legislative Update: 19 February 2023

Disdain was shown last week by various public servants in the General Assembly for increased parental involvement in K-12 education and alterative education opportunity options. “While we are in favor of parental involvement, some of these bills were just a bridge too far,” Senator Lucas, the Senate Education and Health Committee Chair said. “Our trash can is full because we have dispensed with a lot of those bills today.” See below for details of some of the bills that filled the senate trash cans last week. Of note, in addition to bills killed, a Senate budget amendment was put forward to cut the only school choice program in Virginia, the Education Improvement Scholarship Tax Credit. This cut would exclude from the current program 700 student participants from low and middle income families.

In other news, Monday is the last day for Committees to meet in the 2023 legislative session. The session is scheduled to adjourn Sine Die this Saturday, February 25th.

2023 Session Overview Numbers
(Total # of bills and resolutions)

The report below includes bills that fall into alignment with Virginia Institute’s policy recommendations, either for good policy or bad policy, and received a vote in a committee or on the House or Senate Floor last week.

K-12 EDUCATION

HB 1821: Expansion of Education Improvement Scholarship Tax Credit – DEAD
This bill expands the Education Improvement Scholarship Tax Credit (EISTC) program, which provides education grants to children from low income families.

  • Bill status: Previously, this bill passed on the House Floor. Last week, it was killed in the Senate Finance and Appropriations Committee.
  • Bill text, history, and information: Click HERE
  • Video about the EISTC program

HB 1507: Parental Rights and School Transparency – DEAD
This bill reiterates and protects parental rights and provides parents with more education transparency in schools.

  • Bill status: Previously, this bill passed on the House Floor. Last week, this bill was killed in the Senate Education and Health Committee.
  • Bill text, history, and information: Click HERE

HB 1909: Opportunity Classrooms  – DEAD
If passed, this bill would establish the Opportunity Classroom program for schools. It would allow a teacher or a parent (with the support of a teacher) to establish an agreement with the school board to teach an alternative curriculum in a classroom designated for that purpose in a school.

  • Bill status: Previously, this bill passed on the House Floor. Last week, this bill was killed in the Senate Education and Health Committee.
  • Bill text, history, and information: Click HERE

ELECTIONS

HB 1444: Requirement for Photo ID – DEAD
This bill seeks to establish a variety of measures to increase the security of elections, including requiring an excuse for absentee voting, better voter ID requirements, requiring mailed ballots to be returned on or before the close of polls on election day, and reducing the number of in-person early voting days to 7 days prior to an election.

  • Bill status: Previously, this bill passed on the House Floor. Last week, this bill was killed in the Senate Privileges and Elections Committee.
  • Bill text, history, and information: Click HERE

HB 1680: Same Day Voter Registration – DEAD
This legislation would require individuals who register to vote on Election Day or soon before Election Day to sign a statement affirming they will only cast one ballot.

  • Bill status: Previously, this bill passed on the House Floor. Last week, the bill was killed in the Senate Privileges and Elections Committee.
  • Bill text, history, and informationClick HERE

HB 1693: Ballot Drop Box Ban – DEAD
This bill would prohibit the use of Drop Box locations to return a mailed ballot.

  • Bill status: Previously, this bill passed on the House Floor. Last week, the bill was killed in the Senate Privileges and Elections Committee.
  • Bill text, history, and information: Click HERE

HB 1793: DMV Voter Information Transfer – DEAD
This bill would help maintain accurate voter information that is collected from voter visits to the DMV. It proposes to require permission from the DMV customer before any relevant voter information is transferred from the DMV to the Department of Elections.

  • Bill status: Previously, this bill passed on the House Floor. Last week, the bill was killed in the Senate Privileges and Elections Committee.
  • Bill text, history, and informationClick HERE

HB 1877: Reduced Early In-Person Voting – DEAD
This bill would reduce the in-person absentee voting timeframe from 45 days to 14 days.

  • Bill status: Previously, this bill passed on the House Floor. Last week, the bill was killed in the Senate Privileges and Elections Committee.
  • Bill text, history, and information: Click HERE

HB 1947: Repeal Permanent Absentee Ballot List  – DEAD
This bill would replace the permanent absentee ballot list with an annual absentee ballot list. An application would need to be completed annually to receive mailed ballots.

  • Bill status: Previously, this bill passed on the House Floor. Last week, the bill was killed in the Senate Privileges and Elections Committee.
  • Bill text, history, and information: Click HERE

HB 1948: Absentee Ballot Verification Method
This bill would replace the current witness signature requirement on a completed absentee ballot with the last four digits of the voter’s Social Security Number (SSN). Although more work needs to be done to ensure that SSNs are verified to belong to the voter, this method would be an improvement to the currently unverified witness signatures on absentee ballots. It also makes it easier for proper completion of an absentee ballot for individuals who live alone.

  • Bill status: Previously, this bill passed on the House Floor. Last week, it passed in the Senate Privileges and Elections Committee and the Senate Floor.
  • Bill text, history, and information: Click HERE

HB 2234: Repeal of Same Day Voter Registration – DEAD
If passed, this bill would eliminate the practice of registering to vote on Election Day and casting a ballot the same day, with a few exceptions (including uniformed service members).

  • Bill status: Previously, this bill passed on the House Floor. Last week, the bill was killed in the Senate Privileges and Elections Committee.
  • Bill text, history, and information: Click HERE

HB 2454: Voter Roll Maintenance | Voter Address Information
Updates –
DEAD
If passed, this legislation would require that local registrars receive information monthly about voters who have moved to a new address or who need their voter registration changed or removed. This would be a positive change to enable a more accurate voter roll on a consistent basis.

  • Bill status: Previously, this bill passed on the House Floor. Last week, the bill was killed in the Senate Privileges and Elections Committee.
  • Bill text, history, and informationClick HERE

SB 1180: Private Interests Funding Elections – DEAD
This legislation seeks to repeal critical aspects of the prohibition on private funding in elections that the General Assembly passed on a bipartisan basis last year. It would allow local registrars to solicit grants from non-governmental entities to fund election administration and train election officials.

  • Bill status: Previously, this bill passed on the Senate Floor. Last week, it was killed in the House Privileges and Elections Committee.
  • Bill text, history, and information: Click HERE

DONOR PRIVACY

SB 854: Nonprofit Donor Names Disclosure – DEAD
This bill would require nonprofit donors’ names to be displayed on public ads when they support a referendum and in certain cases if the nonprofit has a score card for legislators. Online public documents already disclose these donors, but displaying their names on ads would make them exceptionally more vulnerable to be targeted and doxed.

  • Bill status: Previously, this bill passed on the Senate Floor. Last week, this bill was killed in the House Privileges and Elections Subcommittee #2.
  • Bill text, history, and information: Click HERE
Legislative Update: 12 February 2023

Tuesday was a newsworthy day in the Virginia General Assembly. Not only was it Crossover, but Tuesday evening the Senate voted on Governor Youngkin’s nominees to various positions in state government. Three nominations were blocked, including Virginia’s Health Commissioner Collin Greene, parole board member Steven Buck, and education board member Suparna Dutta. There was also some controversy on the Floor over the nomination of Susan Beals, Virginia’s Commissioner of Elections, but the vote to confirm her nomination was successful. Click HERE to access the video of the Floor votes and debates regarding these nominees of the Governor (the nominee section of the video is from about 07:42:00 through 9:35:00).

2023 Session Overview Numbers
(Total # of bills and resolutions)

The report below includes bills that fall into alignment with Virginia Institute’s policy recommendations, either for good policy or bad policy, and received a vote in a committee or on the House or Senate Floor last week.  

K-12 EDUCATION

HB 1821: Education Improvement Scholarship Tax Credit Expansion
This bill expands the Education Improvement Scholarship Tax Credit (EISTC) program, which provides education grants to children from low income families.

  • Bill status: Previously, this bill passed in several germane House committees. Last week, this bill passed on the House Floor and was referred to the Senate Committee on Finance and Appropriations. It is anticipated to be on a committee agenda in the near future.
  • Bill text, history, and information: Click HERE
  • Video about the EISTC program

REGULATORY REFORM

HB 2347: Regulatory Budget
This bill establishes the Regulatory Budget Program to help Virginia’s state agencies reduce the amount of regulations that come from their department in a two-year period. If passed, the bill would have an expiration date of  January 2027.

  • Bill status: Previously, this bill passed on the House Floor and was referred to the Senate Committee on General Laws and Technology. It was killed last week in committee through the motion to pass by the bill indefinitely with a letter requesting a study of the problem.
  • Bill text, history, and information: Click HERE

HB 1784: Digital Tokens & Decentralized Autonomous Organizations
This bill formalizes the use of Decentralized Autonomous Organizations to create an exception from security regulations regarding digital tokens. It will remove barriers for small tech companies to start businesses in Virginia, utilizing block-chain and algorithmic technology to increase business efficiency.

  • Bill status: Previously, this bill passed the House Commerce and Energy Committee. Last week, this bill passed on the House Floor and was referred to the Senate Committee on Commerce and Labor. It is anticipated to be on a committee agenda in the near future.
  • To see bill text and info: Click HERE

ELECTIONS

HB 1680: Same Day Voter Registration
This legislation would require individuals who register to vote on Election Day or soon before Election Day to sign a statement affirming they will only cast one ballot.

  • Bill status: Previously, this bill passed the House Privileges and Elections Committee. Last week, this bill passed the House Floor and was referred to the Senate Privileges and Elections Committee. It is on the agenda to receive a committee vote on Tuesday afternoon, 2/14.
  • Bill text, history, and informationClick HERE

HB 2454: Voter Roll Maintenance – Voter Address Information Updates
If passed, this legislation would require that local registrars receive information monthly about voters who have moved to a new address or who need their voter registration changed or removed. This would be a positive change to enable a more accurate voter roll on a consistent basis.

  • Bill status: Previously, this bill passed the House Privileges and Elections Committee. Last week, this bill passed the House Floor and was referred to the Senate Privileges and Elections Committee. It is on the agenda to receive a committee vote on Tuesday afternoon, 2/14.
  • Bill text, history, and informationClick HERE

HB 1793: DMV Voter Information Transfer
This bill would help maintain accurate voter information that is collected from voter visits to the DMV. It proposes to require permission from the DMV customer before any relevant voter information is transferred from the DMV to the Department of Elections.

  • Bill status: Previously, this bill passed the House Privileges and Elections Committee. Last week, this bill passed the House Floor and was referred to the Senate Privileges and Elections Committee. It is on the agenda to receive a committee vote on Tuesday afternoon, 2/14.
  • Bill text, history, and informationClick HERE

DONOR PRIVACY

SB 854: Nonprofit Donor Names Disclosure
This bill would require nonprofit donors’ names to be displayed on public ads when they support a referendum and in certain cases if the nonprofit has a score card for legislators. Online public documents already disclose these donors, but displaying their names on ads would make them exceptionally more vulnerable to be targeted and doxed.

  • Bill status: Previously, this bill passed on the Senate Floor and was referred to the House Privileges and Elections Committee. It is anticipated to be on a committee agenda in the near future.
  • Bill text, history, and information: Click HERE
Legislative Update: 5 February 2023

Friday was the last day for a bill to be brought forward for a committee vote with sufficient time remaining for the bill to receive a vote on the House Floor before the Crossover deadline of Tuesday, February 7th. Signifying this last dash, the House Floor is convening today, on Sunday, to have bills read for the first time that were passed in committees on Friday so that those bills can be read for the third time on Tuesday and meet the deadline.

2023 Session Overview Numbers
(Total # of bills and resolutions)

K-12 EDUCATION

HB 1909: Opportunity Classrooms 
If passed, this bill would establish the Opportunity Classroom program for schools. It would allow a teacher or a parent (with the support of a teacher) to establish an agreement with the school board to teach an alternative curriculum in a classroom designated for that purpose in a school.

  • Bill status: Previously, this bill passed in a House Education subcommittee and the House Education Committee. Last week, it passed on the House Floor. It is anticipated to be assigned a committee in the Senate this week.
  • Bill text, history, and information: Click HERE

HB 1508: Education Success Accounts
If passed, this bill would establish Education Success Accounts (ESA) for Virginia students leaving the public school system. It would put parents in the driver’s seat by giving them access to a portion of public education dollars allotted to their student to be utilized for costs like private school tuition or homeschool curriculum. ESAs allow dollars to follow each student, instead of funding systems.

  • Bill status: Previously, this bill passed in a House Education subcommittee and the House Education Committee. Last week, it was passed in a House Appropriations subcommittee and was sent to the House Appropriations Committee, where they referred it back to the House Education Committee.
  • Bill text, history, and information: Click HERE

HB 1821: Education Improvement Scholarship Tax Credit Expansion
This bill expands the Education Improvement Scholarship Tax Credit (EISTC) program, which provides education grants to children from low income families.

  • Bill status: Previously, this bill passed in a House Education subcommittee and the House Education Committee. Last week, it passed in a House Finance subcommittee, the House Finance Committee and the House Appropriations Committee. It is on the House First Reading Calendar today and is anticipated to receive a House Floor vote this week.
  • Bill text, history, and information: Click HERE
  • Video about the EISTC program

HB 1507: Parental Rights and School Transparency
This bill reiterates and protects parental rights and provides parents with more education transparency in schools.

  • Bill status: Previously, this bill passed in a House Education subcommittee and the House Education Committee. Last week, it passed on the House Floor and was referred to the Senate Committee on Education and Health.
  • Bill text, history, and information: Click HERE

REGULATORY REFORM

HB 1758: Universal Regulatory Sandbox 
If passed, this legislation would create the Virginia Regulatory Sandbox Program. This program would facilitate a stronger free market and accelerated innovation by establishing an application process by which individuals may be granted a waiver from one or more state laws or regulations to make a desired product, use a desired production method, or provide a service.

  • Bill status: Previously, this bill passed in a House General Laws subcommittee and the House General Laws Committee. Last week, this bill was passed by indefinitely (killed) in a House Appropriations subcommittee.
  • Bill text, history, and information: Click HERE

HB 2347: Regulatory Budget
This bill establishes the Regulatory Budget Program to help Virginia’s state agencies reduce the amount of regulations that come from their department in a two-year period. If passed, the bill would have an expiration date of  January 2027.

  • Bill status: Previously, this bill passed in the House General Laws Committee. Last week, this bill passed on the House Floor and was referred to the Senate Committee on General Laws and Technology. It is anticipated to be on a committee agenda in the near future.
  • Bill text, history, and information: Click HERE

HB 1784: Digital Tokens & Decentralized Autonomous Organizations
This bill formalizes the use of Decentralized Autonomous Organizations to create an exception from security regulations regarding digital tokens. It will remove barriers for small tech companies to start businesses in Virginia, utilizing block-chain and algorithmic technology to increase business efficiency.

  • Bill status: Previously, this bill passed a House Commerce and Energy subcommittee. Last week, this bill passed the House Commerce and Energy Committee. It is anticipated that this week the bill will receive a vote on the House Floor.
  • To see bill text and info: Click HERE

ELECTIONS

SB 1180: Private Interests Funding Elections
This legislation seeks to repeal critical aspects of the prohibition on private funding in elections that the General Assembly passed on a bipartisan basis last year. It would allow local registrars to solicit grants from non-governmental entities to fund election administration and train election officials.

  • Bill status: Previously, this bill passed the Senate Privileges and Elections Committee. Last week, it passed on the Senate Floor. It is anticipated to be referred to a House Committee this week.
  • Bill text, history, and information: Click HERE

SB 1380: Ranked Choice Voting Expansion
If passed, this bill would expand Ranked Choice Voting (RCV) in Virginia. Currently, this method of elections is only allowed for City Council and Board of Supervisors elections.

Ranked choice voting disconnects elections from issues and allows candidates with marginal support to win. It comes in multiple formats, some of which are a nightmare to count accurately, severely inhibiting transparency. It also disenfranchises voters, because ballots that do not include the two ultimate finalists are cast aside.

  • Bill status: Last week, this bill was passed by indefinitely (killed) in the Senate Privileges and Elections Committee.
  • SB 1380 text, history, and informationClick HERE

SB 884: Election Reforms
This bill establishes many measures to increase the security of elections, including repealing same day voter registration, requiring an excuse for absentee voting, better voter ID requirements, making ballot harvesting illegal, and more.

  • Bill status: Last week, this bill was passed by indefinitely (killed) in the Senate Privileges and Elections Committee.
  • Bill text, history, and informationClick HERE

HB 2242: Restricted FOIAs
This bill will prohibit Freedom of Information Act requests to local electoral boards and registrars in a specific timeframe before and after an election. This bill forces Virginia registrars to ban and suppress voters’ rights to public election information for over a third of the year, and in some cases over half of the year, making Virginia the least transparent state in the U.S. for voters seeking information about elections.

  • Bill status: Last week, this bill was stricken from the docket (killed) in a House General Laws subcommittee.
  • Bill text, history, and informationClick HERE

HB 1847: Locality Election Audits
This bill would improve current election auditing options and processes, by allowing an additional method of risk limiting audit called the Batch Comparison Method. This allows a few precincts in a locality to be hand counted to compare to the numbers that were produced on the voting machines.

  • Bill status: Last week, this bill was passed by for the day in a House Privileges and Elections Committee and did not receive a vote in the House Privileges and Elections Committee.
  • Bill text, history, and informationClick HERE

HB 1680: Same Day Voter Registration
This legislation would require individuals who register to vote on Election Day or soon before Election Day to sign a statement affirming they will only cast one ballot.

  • Bill status: Last week, this bill passed a House Privileges and Elections subcommittee and the House Privileges and Elections Committee. It is anticipated to receive a House Floor vote this week.
  • Bill text, history, and informationClick HERE

HB 2454: Voter Roll Maintenance – Voter Address Information Updates
If passed, this legislation would require that local registrars receive information monthly about voters who have moved to a new address or who need their voter registration changed or removed. This would be a positive change to enable a more accurate voter roll on a consistent basis.

  • Bill status: Last week, this bill passed a House Privileges and Elections subcommittee and the House Privileges and Elections Committee. It is anticipated to receive a House Floor vote this week.
  • Bill text, history, and informationClick HERE

HB 2234: Repeal of Same Day Voter Registration
If passed, this bill would eliminate the practice of registering to vote on Election Day and casting a ballot the same day, with a few exceptions (including uniformed service members).

  • Bill status: Previously, this bill passed a House Privileges and Elections subcommittee and the House Privileges and Elections Committee. Last week, it passed on the House Floor. It is anticipated that this bill will be referred to a Senate Committee this week.
  • Bill text, history, and informationClick HERE

HB 1947: Repeal Permanent Absentee Ballot List 
This bill would replace the permanent absentee ballot list with an annual absentee ballot list. An application would need to be completed annually to receive mailed ballots.

  • Bill status: Previously, this bill passed a House Privileges and Elections subcommittee and the House Privileges and Elections Committee. Last week, it passed on the House Floor. It is anticipated that this bill will be referred to a Senate Committee this week.
  • Bill text, history, and informationClick HERE

HB 1948: Absentee Ballot Verification Method
This bill would replace the current witness signature requirement on a completed absentee ballot with the last four digits of the voter’s Social Security Number (SSN). Although more work needs to be done to ensure that SSNs are verified to belong to the voter, this method would be an improvement to the currently unverified witness signatures on absentee ballots. It also makes it easier for proper completion of an absentee ballot for individuals who live alone.

  • Bill status: Previously, this bill passed a House Privileges and Elections subcommittee and the House Privileges and Elections Committee. Last week, it passed on the House Floor. It is anticipated that this bill will be referred to a Senate Committee this week.
  • Bill text, history, and informationClick HERE

HB 1793: DMV Voter Information Transfer
This bill would help maintain accurate voter information that is collected from voter visits to the DMV. It proposes to require permission from the DMV customer before any relevant voter information is transferred from the DMV to the Department of Elections.

  • Bill status: Last week, this bill passed a House Privileges and Elections subcommittee and the House Privileges and Elections Committee. It is anticipated to receive a House Floor vote this week.
  • Bill text, history, and informationClick HERE

DONOR PRIVACY

SB 854 & HB 1551: Nonprofit Donor Names Disclosure
This bill would require nonprofit donors’ names to be displayed on public ads when they support a referendum and in certain cases if the nonprofit has a score card for legislators. Online public documents already disclose these donors, but displaying their names on ads would make them exceptionally more vulnerable to be targeted and doxed.

  • SB 854 status: Previously passed on the Senate floor.
  • Bill text, history, and information: Click HERE
  • HB 1551 status: Last week this bill was tabled (killed) in a House Elections subcommittee.
  • Bill text, history, and information: Click HERE
Legislative Update: 29 January 2023

WEEK IN REVIEW 

The conclusion of this week marks the end of the second full week of the 2023 Virginia General Assembly legislative session. With just over a week left until the Crossover date of February 7th, when bills that have passed in one chamber will be sent to the opposite chamber for consideration, committees are a-buzz with debate and lengthy agendas. Please see below for this week’s highlights, bill summaries and updates.

2023 Session Overview Numbers
(Total # of bills and resolutions)

EDUCATION

HB 1909: Opportunity Classrooms 
If passed, this bill would establish the Opportunity Classroom program for schools. It would allow a teacher or a parent (with the support of a teacher) to establish an agreement with the school board to teach an alternative curriculum in a classroom designated for that purpose in a school.

  • Bill status: Passed in a House Education subcommittee and the House Education Committee last week. Is anticipated to receive a House floor vote this week.
  • Bill text, history, and information: Click HERE

HB 1508: Education Success Accounts
If passed, this bill would establish Education Success Accounts (ESA) for Virginia students leaving the public school system. It would put parents in the driver’s seat by giving them access to a portion of public education dollars allotted to their student to utilize for costs like private school tuition or homeschool curriculum. ESAs allow dollars to follow each student, instead of funding systems.

  • Bill status: Passed in the House Education Committee last week, anticipated to receive a vote in a House Appropriations subcommittee and possibly full Appropriations Committee this week.
  • Bill text, history, and information: Click HERE

HB 1821: Education Improvement Scholarship Tax Credit Expansion
This bill expands the Education Improvement Scholarship Tax Credit (EISTC) program, which provides education grants to children from low income families.

  • Bill status: Passed in the House Education Committee last week, anticipated to receive a vote in a House Finance subcommittee this week and possibly full House Finance Committee.
  • Bill text, history, and information: Click HERE
  • Video about the EISTC program

HB 1507: Parental Rights and School Transparency
This bill reiterates and protects parental rights and provides parents with more education transparency in schools.

  • Bill status: Passed in a House Education subcommittee and the House Education Committee, has been read on the House floor once, and is anticipated to receive a House floor vote this week.
  • Bill text, history, and information: Click HERE

REGULATORY REFORM

HB 1758: Universal Regulatory Sandbox 
If passed, this legislation would create the Virginia Regulatory Sandbox Program. This program would facilitate a stronger free market and accelerated innovation by establishing an application process by which individuals may be granted a waiver from one or more state laws or regulations to make a desired product, use a desired production method, or provide a service.

  • Bill status: Passed in the House General Laws Committee last week, anticipated to receive a vote in a House Appropriations subcommittee and possibly full House Appropriations Committee this week.
  • Bill text, history, and information: Click HERE

HB 2347: Regulatory Budget
This bill establishes the Regulatory Budget Program to help Virginia’s state agencies reduce the amount of regulations that come from their department in a two-year period. If passed, the bill would have an expiration date of  January 2027.

  • Bill status: Passed in the House General Laws Committee and was read twice on the House floor last week. It is anticipated to be read the third time and receive a vote on the House floor this week.
  • Bill text, history, and information: Click HERE

FIREARMS

SB 1236: Second Amendment Protection
This bill would have repealed the authority for localities to have an ordinance banning firearms in parks, recreation and community centers, and at events that are permitted, or should have been permitted.

  • Bill status: This bill died last week in the Senate Judiciary Committee.
  • Bill text, history, and information: Click HERE

ELECTIONS

SB 1180: Private Interests Funding Elections
This legislation seeks to repeal critical aspects of the prohibition on private funding in elections that the General Assembly passed on a bipartisan basis last year. It would allow local registrars to solicit grants from non-governmental entities to fund election administration and train election officials.

  • Bill status: Last week this bill passed the Senate Privileges and Elections Committee, it is anticipated to receive a Senate floor vote this week.
  • Bill text, history, and information: Click HERE

HB 1877: Reduced Early In-Person Voting
This bill would reduce the in-person absentee voting timeframe from 45 days to 14 days.

  • Bill status: Last week this bill passed on the House floor. Next, this bill will receive a vote in the Senate Privileges and Elections Committee, but possibly not until Crossover or after, in 1-2 weeks.
  • Bill text, history, and information: Click HERE

HB 1693: Ballot Drop Box Ban
This bill would prohibit the use of Drop Box locations to return a mailed ballot.

  • Bill status: Last week this bill passed on the House floor. Next, this bill will receive a vote in the Senate Privileges and Elections Committee, but possibly not until Crossover or after, in 1-2 weeks
  • Bill text, history, and information: Click HERE

HB 1751, HB 2436, HB 2118 & SB 1380: Ranked Choice Voting Expansion
If passed, each of these bills would expand Ranked Choice Voting (RCV) in Virginia. Currently, this method of elections is only allowed for City Council and Board of Supervisors elections.

Ranked choice voting disconnects elections from issues and allows candidates with marginal support to win. It comes in multiple formats, some of which are a nightmare to count accurately, severely inhibiting transparency. It also disenfranchises voters, because ballots that do not include the two ultimate finalists are cast aside.

Status: Last week, all three RCV House bills died in the House Privileges and Elections Subcommittee #2. SB 1380 is anticipated to be voted on in the Senate Privileges and Elections Committee this week.

DONOR PRIVACY

SB 854: Nonprofit Donor Names Disclosure
This bill would require nonprofit donors’ names to be displayed on public ads when they support a referendum and in certain cases if the nonprofit has a score card for legislators. Online public documents already disclose these donors, but displaying their names on ads would make them exceptionally more vulnerable to be targeted and doxed.

  • Bill status: Passed the Senate floor last week, and is anticipated to be heard in a House Privileges and Elections subcommittee next, but possibly not until Crossover or after, in 1-2 weeks.
  • Bill text, history, and information: Click HERE
Introducing Regulatory Sandboxes

This year, the Virginia Institute has successfully introduced an innovative policy called Regulatory Sandboxes to the public policy and legislative community in Virginia. A Regulatory Sandbox creates a space and time for innovators to offer new goods and services to consumers without the initial burden of some regulations. Sandboxes provide opportunities for new and old businesses to test fresh ideas in the market while simultaneously providing a constant stream of pilot programs and data for regulators to determine what regulations work with the least possible burden on the community.

We are ever thankful!

In 1867 when George Henry Broughton painted his iconic “Pilgrims Going to Church,” he captured the essence that is the blessings of our unique Thanksgiving traditions and freedoms.

His work pictures the Pilgrims in family groups, heading to church, to thank God for religious liberty, their freedom to pursue economic security, and the care of their property and persons as mothers guide their children while men vigilantly watch over their safety.

Himself an immigrant to our country, Mr. Broughton used his masterpiece to express the importance of family and American values that make our nation great.

These are the same values and freedoms our team at the Virginia Institute for Public Policy fight for every day – for your individual and economic liberty, freedom to prosper and retain your bounty as a hard working business owner or employee, and the rights of parents to guide and protect their children.

We are ever thankful to you, our Virginia Institute partners, on this 401st anniversary of the first Thanksgiving — and every day of the year for the many ways you demonstrate your support.

Please accept our heartfelt Thanksgiving blessings for you and your family from our team at the Virginia Institute for Public Policy.

Epoch Times: Grassroots Election Integrity Movement Sweeps Battleground States

This article was originally published in The Epoch Times.

At ten past five in the morning on Election Day in 2021, retired construction company owner Warren Jenkins slid into his business-casual attire in a panic, knowing he had to get to the polling station in 20 minutes. He was the only Republican poll watcher at an important precinct.

Jenkin’s wife, prescient, pre-made lunch for her husband, who then arrived at the polls to begin his 15-hour shift—from 5:30 a.m. to about 9 p.m.—just in time.

As a volunteer poll watcher in Virginia, Jenkins would… [Click HERE to read more.]

Save Virginia’s Education Improvement Scholarship Tax Credit

A new state budget was recently approved by the Virginia Legislature, including an education related amendment that has been made by the conference committee legislators. If enacted, this budget will cut funding for the Virginia Education Improvement Scholarship Tax Credit (EISTC). This funding is critical for providing thousands of children in Virginia better educational opportunities.

The Virginia EISTC program allows individuals and businesses the opportunity to donate to private state-qualified scholarship foundations and in turn receive up to a 65% tax credit. However, only $25 million of tax credits are available. This upcoming budget will cut the funding in half — down to $12 million. In the 2020-21 school year, 4,592 students utilized funds from participating scholarship foundations. The new budget amendment would strip away the ability to give more students life changing education opportunities at a time when kids need it the most. With less funding for the tax incentive, students in Virginia will have less access to these scholarships and subsequently less access to the schools of their choice.

Governor Youngkin can save this program by requesting an amendment to the budget before he signs it. Contact the Governor’s office right now and tell him you want him to restore funding for the EISTC. Virginia’s children deserve a high quality education. We believe opportunity and freedom of choice are essential components for improving education.

Contact the Governor’s office today!
Call 804-786-2211 or click here.

Virginia Absentee Ballots: Absent From the State?

For election accountability purposes, chain of custody for ballots should be observable and publicly verifiable. So, why are two of the largest counties in Virginia, as well as other localities, planning to expand the chain of custody to include a third-party absentee ballot processing company from Washington state, who was caught red-handed ignoring the security measures built into the law?

Before 2021, absentee ballots were mailed from local registrars’ offices and processed and supervised by the registrar’s staff. In 2021, a bill (SB 1239) was passed that permits localities to hire a third-party company to print, assemble, and mail absentee ballots. Once hired, this vendor receives the name, address, precinct, district and voter ID information for individual voters. In Loudoun County, for example, the list of permanent absentee ballots that would be handed over to the private vendor would number around 15,000. 

Last year, Fairfax County, the most populous county in Virginia, outsourced the printing and mailing of their absentee ballots to a company called K&H located in Washington State. K&H failed to follow Virginia law. They did not sign a legally required (VA Code 24.2-616) oath before they began their work. The law says, “The printer contracting with or employed by the electoral board or general registrar to print the ballots shall sign a statement before the work is commenced…” A public information request found that the vendor failed to comply with Virginia law and did not sign the oaths until months after the election was over. 

Entrusting bulk absentee ballots, the most fraud-prone part of  our elections, to strangers on the other side of the country is a bad idea. Some ballots are going to people who may not have recently asked for them, the chain of custody barely exists, and private voter information is being handled by a third-party company. If all that starts to look like a nightmare in the making, in real life it gets much worse.

Loudoun County recently announced they may also follow Fairfax County and make a similar contract with the same vendor for the upcoming 2022 General Election. Judy Brown, the Loudoun County registrar, was advised against outsourcing by local citizens and election security advocates including a Loudoun County election integrity working group, former State Board of Elections member Dr. Clara Belle Wheeler, Delegate Dave LaRock, and the nonpartisan, statewide, Virginia Fair Elections coalition, as well as many others. 

She had reportedly decided against the initial plan to outsource their county’s absentee ballot printing and mailing process only to flip flop without explanation. 

The number of absentee votes cast have skyrocketed over the last couple of years. In Virginia, several laws were hastily enacted to expand the duration of elections and the processes used to distribute and process ballots. The often exaggerated precautions associated with COVID-19 were used to justify large-scale expansion of absentee voting. A new state law passed in 2020 (HB 207) opened absentee voting to any qualified voter, regardless of circumstance. The same law allowed for voters to be added to a “permanent absentee” list so a person could opt-in to receive a mailed absentee ballot for all future elections. 

Virginia localities have demonstrated that they are capable of handling large batches of absentee ballots. Loudoun handled about 80,000 absentee ballots in 2020. That number dropped significantly in 2021 to about 23,000 ballots. The process requires diligent care and attention to detail. Some registrars may consider steps such as hiring more staff, or implementing a stricter employment application process. 

For some, the motivation to outsource the process is a new requirement (SB 3) that absentee ballots now be sorted and reported by precinct. That means localities might be handling many different ballots in the same election; yes a challenge, but if a private company can handle it, so a registrar should be able to as well. One option for sorting ballots has been successfully used for more than 10 years in Chesapeake; their locality orders ballots that already have special barcodes that allow sorting by precinct. 

There is clear consensus among many who are scrutinizing this process that this is a bad practice and are opposed to outsourcing to third-parties. They see outsourcing as problematic and flawed and hope that all 133 jurisdictions in Virginia will maintain the integrity of elections in printing and mailing all ballots, especially absentee ballots; one of the best practices would be to keep absentee ballot printing and mailing processes in-state and in-house.

Outsourcing the absentee ballot process will give good reason for Virginia’s voters to question election integrity at a time when voter faith in elections is already greatly diminished.

2022 Legislative Report: Election Integrity

ELECTION INTEGRITY – Restoring Trust in Virginia’s Elections

Do you trust your vote counts? If a medical pulse was taken on America’s trust in our election processes, the results would be alarming— some would say fatal. One authorquantified the problem this way: “After the last election cycle, confidence is waning: Less than 60%2 of all voters were confident that ballots would be accurately cast and counted.” The result of this mistrust is that fewer people show up at the polls to take part in the democratic process of governing and we lose representation of the rich diversity that makes us who we are.

However, as the populace has increasingly lost trust in elections, a large infusion of new energy and support for finding solutions has surfaced. Those who advocate for increased election integrity, also often called election security, believe it should be easy to vote and hard to cheat in the process for our citizenry to select public servants. Yet, current Virginia laws and regulations make it easy to vote and easy to cheat — similar problems are pervasive across the nation. Knowing that the laws are not robust enough to inhibit voter fraud only exacerbates the populace’s mistrust in elections. When election processes are vulnerable to being manipulated with only minimal energy and time required to do so, Virginians’ sacred right to vote is jeopardized.

How can we restore “liberty and justice for all” voters? Good election policy at the state level is the best place to start. To prevent even the temptation for a person to commit voter fraud, it is desirable to safeguard our elections by passing laws to make it difficult to vote more than once or otherwise unduly influence voting results and interfere with the will of “we the people.” Although dozens and dozens of bills that touched on aspects of election security were introduced during this past 2022 Virginia Legislative Session, only a few were passed by the legislature and sent to the Governor’s desk. Below you will find a roadmap of bills introduced this session and some of the strong ideas that lawmakers advanced to secure our elections.

Click here to review the Virginia Institute’s full Legislative Report: Election Integrity (2022).

2022 Legislative Report & Forecast of Upcoming Legislative Activity

Where’s the legislature?
The Governor has called the lawmakers back for Special Session I, beginning Monday April 4th, following the completion of the regular legislative session on March 12th. In addition to the Special Session, the lawmakers must come back April 27th to be ready to override vetoes of bills that passed during the regular session, if the opportunity presents itself. April 11th is the last day for Governor Youngkin to act on bills that passed both chambers before Sine Die.

What can be expected from Special Session I?
During this session, Virginia’s budget for the next two years will be determined and bills that are still in conference may also come forward for a vote. It is anticipated that compromises on tax cuts and the standard tax deduction will be central to the budget decisions. Additionally, the Governor has added another item to the legislative agenda, calling upon the legislature to suspend the gas tax for the next three months when they reconvene, as a way to provide Virginians financial relief as the state experiences skyrocketing gas prices. Following the Special Session, the General Assembly will need to reconvene once again after bills passed by both chambers have gone to the Governor and he has a chance to veto. 

Notable legislation that may resurface during the Special Session includes these will be discussed at greater length below in the “Bills in Conference” section:
– Stadium bills
– Election related absentee ballot bills
– Electoral Board bill
– Natural Gas bill
– Lab school bills
– Firearm related bills

Index of this Report
– Important Dates
– Bills Awaiting the Governor’s Action
– Bills in Conference
– Positive Policy Outcomes | Regular Legislative Session 2022
– Policy Disappointments | Regular Legislative Session 2022

IMPORTANT DATES

March 12, 2022 (Sine Die)
– Last Day of the 2022 regular legislative session
April 11, 2022
– Last Day for Governor to act on bills passed by Sine Die
April 27, 2022
– Legislature reconvenes in preparation to override any vetoes from Governor Youngkin (A bill must receive support from 2/3rds of the House and 2/3rds of the Senate in a veto override vote to be successful.)
April 4th, 2022
– Special Session, at the call of the Governor (Purpose is to finish the budget, and vote on dozens of bills that did not reach conclusion before the regular session ended.)
Date to be determined
– Reconvene after Special Session

BILLS AWAITING THE GOVERNOR’S ACTION

EDUCATION

SB 656: Sexually Explicit School Material Notification
This legislation requires that parents are notified when sexually explicit material will be included in instructional material in public K-12 schools. The bill also states that parents must be able to review such materials and provide an alternative for the instruction of their student. 

  • Bill status: Passed the House, passed the Senate, this bill will now go to the Governor’s desk for his approval or veto.
  • Bill text, history, and information: Click HERE

ELECTIONS

HB 205 & SB 80: Election Financing
Both pieces of legislation would make it illegal for any elected state or local election official to accept money from any individual or entity except the government to fund an election in Virginia. This policy would be beneficial in preserving unbiased elections.

  • HB 205 status: Passed the House, passed the Senate, will now go to the Governor for his approval or veto. 
  • HB 205 bill text, history, and information: Click HERE
  • SB 80 status: Passed the Senate, passed the House, will now go to the Governor for his approval or veto. 
  • SB 80 bill text, history, and information: Click HERE

HB 927 & SB 3: Absentee Ballot Counting
If this legislation was adopted, any ballot counted at a central absentee precinct would be required to be counted and sorted into categories based on the precinct where the ballot was cast. This bill also requires total vote result numbers to be reported by precinct.

  • HB 927 status: Passed the House, passed the Senate.
  • HB 927 bill text, history, and information: Click HERE
  • SB 3 status: Passed the Senate, passed the House, conference committee report accepted by both chambers. SB 3 will now go to the Governor for his approval or veto. 
  • SB 3 bill text, history, and information: Click HERE

EMINENT DOMAIN

SB 666: Citizen Protections Related to Eminent Domain
This bill revises the definitions of “lost access” and “lost profits,” related to eminent domain. This is a good policy that would increase protections to citizens who are affected by a public use project. 

  • Bill status: Passed the Senate, passed the House, will now go to the Governor for his approval or veto.
  • Bill text, history, and information: Click HERE

SB 694: Update to Eminent Domain Code
This bill would create changes to substantially protect property owners who have land affected by eminent domain. It would require the government to inform the property owner if a project is over and the owner can get portions of their property back, requires interest to be paid on payments to landowners and prevents a development approval from being granted to allow eminent domain, among several other good reforms. 

  • Bill status: Passed the Senate, passed the House, conference committee report accepted by both chambers. SB 694 will now go to the Governor for his approval or veto.
  • Bill text, history, and information: Click HERE

FIRST FREEDOMS

HB 1063: Protection for Religious Practices
This bill defines religious protections to apply to “any outward expression of religious faith, including adherence to religious dressing and grooming practices and the carrying or display of religious items or symbols.” The broad strengthening of rights to religious adherence and worship is good policy in a cultural climate where free exercise of personal religious beliefs is often under attack.

  • Bill status: Passed the House, passed the Senate, this bill will now go to the Governor’s desk for his approval or veto.
  • Bill text, history, and information: Click HERE

HB 384: Public Employee Right to Free Speech
This bill protects public employees from punishment from their employer if they choose to share an opinion personally in a public hearing about a rule or regulation of the state or local government. 

  • Bill status: Passed the House, passed the Senate, this bill will now go to the Governor’s desk for his approval or veto.
  • Bill text, history, and information: Click HERE

HEALTHCARE

HB 81 & SB 436: State Telehealth Plan
These bills require the Board of Health to contract with a private Virginia telehealth organization for general consultation and assistance with tracking implementation of the State Plan. This contract would contribute to the success of the State Telehealth Plan going forward. 

  • HB 81 status: Passed the House, was conformed to SB 436 in Senate committee, passed the Senate, final version was accepted by the House. This bill will now go to the Governor’s desk for his approval or veto. 
  • HB 81 bill text, history, and information: Click HERE
  • SB 436 status: Passed the Senate, passed the House, this bill will now go to the Governor’s desk for his approval or veto. 
  • SB 436 bill text, history, and information: Click HERE

HB 537: Exception for Telemedicine
This bill allows a licensed professional outside of the Commonwealth of Virginia to temporarily provide care to a patient located within the state through telemedicine under certain conditions. This is a good bill that increases access to medical care.

  • Bill status:  Passed the House, passed the Senate, this bill will now go to the Governor’s desk for his approval or veto.
  • Bill text, history, and information: Click HERE

REGULATORY REFORM

HB 207: Committee Chairmen
This bill requires that when any legislation would increase or start occupational regulation through the Department of Professional and Occupational Regulation (DPOR)  that the chairman of the committee having jurisdiction over the bill send it to DPOR for evaluation.  

  • Bill status: Passed the House, passed the Senate, this bill will now go to the Governor’s desk for his approval or veto.
  • Bill text, history, and information: Click HERE

BILLS IN CONFERENCE
These bills may progress and come to a vote during the upcoming Special Session

EDUCATION

HB 346 & SB 598: Creation of College Partnership Laboratory Schools
This legislation would allow public or private institutions of higher education to establish a K-12 school called a laboratory school. The institution of higher education would submit an application to the state Board of Education to start a laboratory school. There is also a provision that allows an already existing school to be converted into a lab school.

  • HB 346 & SB 598 status: Passed both chambers, conferees assigned by both chambers.
  • HB 346 text, history and information: Click HERE
  • SB 598 text, history and information: Click HERE

ELECTIONS

SB 273: Witness Signature on Absentee Ballot
This bill would allow for the required witness signature on an absentee ballot to be replaced with the last 4 digits of a voter’s social security number instead. Since there are cases where voters may not have another person in the vicinity to fulfill the role as a witness, this is a good policy change that accommodates more voters and also maintains the security of elections.  

  • Bill status: Passed the Senate, passed the House, conferees assigned by both chambers.
  • Bill text, history, and information: Click HERE

SB 652: Clarification of Absentee Ballot Application Requirements
This legislation clarifies that the absence of the last four digits of a person’s social security number on an application for an absentee ballot is a material omission, and is grounds for rejecting the application. This requirement would not apply if a person is applying in person for an absentee ballot, because under those circumstances the last four digits of a social security number are not part of the application process. Until now, the law has been clear that this requirement already exists; but, due to the interpretation of one general registrar to the contrary, this legislation has been brought forward to reinforce the existing law. 

  • Bill status: Passed the Senate, passed the House, conferees assigned by both chambers.
  • Bill text, history, and information: Click HERE

HB 305 & SB 371: Board of Elections and Commissioner of Elections
This legislation would increase the number of members on the State Board of Elections (HB 305: 7 members with 4 from the party of the Governor, SB 371: 8 members with party parity). Also, the Commissioner of Elections is appointed by the Governor currently, but if this policy is adopted the Commissioner would now be appointed by a supermajority of the State Board of Elections instead.

  • HB 305 & SB 371 status: Passed both chambers, conferees assigned by both chambers.
  • HB 305 text, history and information: Click HERE
  • SB 371 text, history and information: Click HERE

ENERGY

HB 1257: Natural Gas Protection
This bill is intended to stop local governments like cities from shutting down their own natural gas utility operations and prohibit them from restricting new connections.  

  • Bill status: Passed the Senate, passed the House, conferees assigned by both chambers.
  • Bill text, history, and information: Click HERE

FIREARMS

SB 487: Virginia Center for Firearm Violence Intervention and Prevention
This bill would establish a new Virginia Center for Firearm Violence Intervention and Prevention within the Department of Criminal Justice Services, and transfers an existing fund of the same purpose to the new center. 

  • Bill status: Passed the Senate, passed the House, conferees assigned by both chambers.
  • Bill text, history, and information: Click HERE

HB 1306: Tampering with Firearm Serial Numbers
This bill would make possession or sale of any firearm with a serial number that has been altered or removed, a class one misdemeanor.

  • Bill status: Passed the Senate, passed the House, conferees assigned by both chambers.
  • Bill text, history, and information: Click HERE

STADIUM PROJECT

HB 1353 & SB 727: Virginia Football Stadium
This legislation would provide for a Virginia Football Stadium Authority to be established as a political entity that would be responsible for financing the construction of the stadium. Further, SB 727 proposes to permit eminent domain for this development. The newly established authority would be permitted to issue bonds to finance the project.  

  • HB 1353 & SB 727 status: Passed both chambers, conferees assigned by both chambers.
  • HB 1353 text, history and information: Click HERE
  • SB 727 text, history and information: Click HERE

2022 POSITIVE POLICY OUTCOMES
(as of April 3, 2022)

EDUCATION

SB 739: Optional K-12 School Masking – Signed into LAW
This new law requires in person learning at public schools and ended the mask mandates in Virginia public schools as well. 

  • SB 739 bill text, history, and information: Click HERE

ELECTIONS

HB 55 & SB 211: Accurate Voter Rolls – Signed into LAW
This new law requires the Virginia Department of Vital Statistics to report state residents’ death to the Department of Elections on a weekly basis. This is a good policy decision for the Commonwealth that will increase the ongoing accuracy of the official voter roll lists. 

  • HB 55 bill text, history, and information: Click HERE
  • SB 211 bill text, history, and information: Click HERE

SB 318: Donor Disclosure Requirements – DEFEATED
This bill proposed a requirement that an organization that engages in an independent expenditure that included an advertisement for or against a candidate or for or against a referendum must disclose the organization’s top 3 donors on the ad. This requirement would have applied if the ad was run 1-2 months before an election. This policy would be a step in the wrong direction, as it would violate the privacy of individuals who contribute to causes that are personal and expose them to risk of being targeted. The ambiguity of the bill could also be interpreted to apply to issue related communications that don’t expressly support or oppose a candidate. 

  • Bill status: Passed the Senate, died in House Privileges and Elections Subcommittee #2. 
  • Bill text, history, and information: Click HERE

WEAPONS AND DEFENSE

SB 758: Switchblades – Signed into LAW
This new law legalizes the selling and possessing of switchblades in Virginia. 

  • SB 758 bill text, history, and information: Click HERE

2022 POLICY DISAPPOINTMENTS
(as of April 2, 2022)

HB 46: Voter Identification
This bill required a voter to present an ID with a photograph at the polls in order to cast a ballot. If the voter did not present a photo ID, they could receive and vote a provisional ballot. The legislation also removed the option for a voter to sign a statement confirming their own identity as an alternative to providing an ID. Further, it removes the option to provide a utility bill or other document without a photograph to provide proof of identity. Lastly, it repeals the permanent absentee voter list. These are good policy measures and would create robust safeguards for election integrity in Virginia. 

  • Bill status: Passed the House, then died in Senate Privileges and Elections Committee.
  • Bill text, history, and information: Click HERE

HB 71 & SB 45: Campaign Contributions by Public Utilities
Both pieces of legislation, if adopted, would have added protection from bias to elections and protection from corruption in the marketplace by prohibiting public utility entities from making financial contributions to candidates campaigning for political office.

  • HB 71 bill status: Failed in the House Privileges and Elections Subcommittee #2
  • HB 71 bill text, history, and info: Click HERE
  • SB 45 bill status: Failed in Senate Privileges and Elections Committee
  • SB 45 bill text, history, and info: Click HERE

HB 80: Healthcare Regulatory Sandbox
This legislation would have advanced innovation in Virginia by creating the Healthcare Regulatory Sandbox Program for five years. Participants that have been accepted into the program may temporarily test a healthcare product or service for 2-3 years without the normal licensure or authorization the state requires. An annual report including information about the participants and effectiveness of the program will be prepared and given to the health related committee chairmen in the House and Senate each year. 

  • Bill status: Passed the House, was voted down on the Senate floor (vote was 18-20), a reconsideration of the vote was called for and the bill was voted down a second time (vote 19-20). 
  • Bill text, history, and information: Click HERE

HB 185: Limited Same Day Registration
Adoption of this legislation would have established a good policy to prohibit same day voter registration, with only three exceptions. The three specified exceptions were: service members of the United States on active duty, individuals temporarily living outside of the country, and a spouse or dependent of one of the first two categories.

  • Bill status: Passed the House, then died in Senate Privileges and Elections Committee.
  • Bill text, history, and information: Click HERE 

HB 208 & SB 712: Universal Sandbox Program
These bill would facilitate a stronger free market and accelerated innovation by establishing the Virginia Regulatory Sandbox Program. Individuals who would like to participate in the program would apply, and once accepted would be granted a waiver from one or more state laws to make a desired product, use a desired production method, or provide a service. 

  • HB 208 bill status: Tabled in the House Appropriations Committee
  • HB 208 bill text, history, and info: Click HERE
  • SB 712 bill status: Continued to 2023 in Senate Finance and Appropriations Committee
  • SB 712 bill text, history, and info: Click HERE

HB 244: Red Tape Reduction Act
This bill would have instituted a beneficial Regulatory Reduction Program, designed to inhibit the growth of executive agencies and create a system of target goals for them to reduce regulations and provide regular reports on their progress. 

  • Bill status: Passed the House, passed the General Laws and Technology Committee, was killed through the motion to pass by indefinitely in the Senate Finance and Appropriations Committee. 
  • Bill text, history, and information: Click HERE
  • Additional link: Video on the issue

HB 529: Misclassification of Workers
This bill proposed to provide an independent contractor with legal protection to explicitly self-identify as a contractor and prevent forced classification as an employee.

  • Bill status: Continued to 2023 in the House Commerce and Energy Subcommittee #1
  • Bill text, history, and info: Click HERE

HB 544: Optional Restrictive ID
This bill would have allowed a voter to inform the state that they were personally opting into a photo ID requirement which would be enforced at the polls for that voter. This would prevent a person from showing up to the polls and falsely claiming they were that voter and casting a ballot. Measures like this would be progress towards increased election security. 

  • Bill status: Passed the House, then died in Senate Privileges and Elections Committee.
  • Bill text, history, and information: Click HERE

HB 553: Opportunity Classroom
This bill would have opened the door for Virginia students to get a head start in a career by granting teachers the authority to enter into an agreement with a school board to teach a curriculum on required subjects through an industry specific lens in a designated school classroom. 

  • Bill status: Laid on the table in House Education Subcommittee on Early Childhood/Innovation
  • Bill text, history, and info: Click HERE

HB 827: Localities’ Authority to Restrict Carrying
This bill would have removed localities’ authority to prohibit guns in government buildings and public parks and buildings. Sixteen localities currently have such laws, which leaves individuals carrying a gun vulnerable to unintentionally violating the law as they travel across the Commonwealth. 

  • Bill status: Passed the House, was killed in the Senate Judiciary Committee through the motion to pass by indefinitely. 
  • Bill text, history, and information: Click HERE

HB 906: Inmate Sentences
This bill proposed to make changes related to the sentences served by those convicted of crimes in the Commonwealth. The bill provides an opportunity for inmates who have served a certain amount of their sentence without incident to petition for a modification to the rest of their term in prison.

  • Bill status: Died because the bill did not receive a vote in the House Committee for Courts of Justice before the 2/16 crossover deadline
  • Bill text, history, and information: Click HERE

HB 922: Financial Technology (FinTech) Sandbox Program
This legislation would have advanced innovation in Virginia by creating the FinTech Regulatory Sandbox Program. Participants that have been accepted into the program may conduct testing of a financial product or service for 2-3 years without the normal licensure or authorization the state requires. 

  • Bill status: Failed by being stricken from the committee docket
  • Bill text, history, and info: Click HERE

HB 1025: Educational Savings Account
This bill would have championed parental choice in education by giving parents 90% of the state funds allotted for a public school student if the parents would like to pursue different education options. The money would be offered to parents through an Educational Savings Account system and is required to be spent on education related expenses. 

  • Bill status: Died because the bill did not receive a vote in the House Committee on Education before the 2/16 crossover deadline
  • Bill text, history, and information: Click HERE

SB 75: Right to Firearm at Government Locations
This bill would be a repeal of the current prohibition to carry a firearm at or near the Virginia Capitol building and various other locations where government work takes place.  

  • Bill status: Failed in Senate Committee on Rules
  • Bill text, history, and info: Click HERE

SB 378: Victim Input in Criminal Resentencing
This bill proposed to make changes related to the sentences served by those convicted of crimes in the Commonwealth. The bill provides an opportunity for inmates who have served a certain amount of their sentence without incident to petition for a modification to the rest of their term in prison.

  • Bill status: Passed the Senate, House Committee for Courts of Justice Subcommittee #1 recommends laying the bill on the table. 
  • Bill text, history, and information: Click HERE

SB 390: Election Audit Process
This bill was intended to address the need to ensure that all voting machines in the state function correctly, by establishing an audit process that would check every machine once every 5 years.

  • Bill status: Failed in Senate Privileges and Elections Committee
  • Bill text, history, and info: Click HERE
Legislative Update: 13 March 2022

Week in Review

With a nod to the inherited roots of great ancient civilizations, legislatures use the phrase “sine die,” latin for “without a day” [of fixed return] to conclude a session of lawmaking and return home for a well-deserved rest. Although, for the 2022 Virginia General Assembly, the sentiment of sine die may not be quite as true. The legislature ended the session on snowy, blustery March 12th, 2022 without finalizing the next two year budget for the Commonwealth. The House and Senate have been in a tug of war over tax cuts and other budget items, and although the House expressed intention to lengthen the session to finish the budget, the Senate made the decision to postpone and sine die on schedule. They plan to return for a special session at a time yet to be determined to iron out the remaining details and finish the necessary budget discussions. Below, you will find the last of our regular weekly legislative updates for Virginia’s 2022 legislative session. 

2022 Session Overview Numbers
(Total # of bills and resolutions)

ELECTIONS

HB 205 & SB 80: Election Financing – AWAITING ACTION FROM THE GOVERNOR
Both pieces of legislation would make it illegal for any elected state or local election official to accept money from any individual or entity except the government to fund an election in Virginia. This policy would be beneficial in preserving unbiased elections.

  • HB 205 status: Passed the House, passed the Senate, will now go to the Governor for his approval or veto. 
  • HB 205 bill text, history, and information: Click HERE
  • SB 80 status: Passed the Senate, passed the House, will now go to the Governor for his approval or veto. 
  • SB 80 bill text, history, and information: Click HERE

HB 55 & SB 211: Accurate Voter Rolls – SIGNED INTO LAW
This new law requires the Virginia Department of Vital Statistics to report state residents’ death to the Department of Elections on a weekly basis. This is a good policy decision for the Commonwealth that will increase the ongoing accuracy of the official voter roll lists. 

  • HB 55 bill text, history, and information: Click HERE
  • SB 211 bill text, history, and information: Click HERE

HB 927 & SB 3: Absentee Ballot Counting – AWAITING ACTION FROM THE GOVERNOR
If this legislation was adopted, any ballot counted at a central absentee precinct would be required to be counted and sorted into categories based on the precinct where the ballot was cast. This bill also requires total vote result numbers to be reported by precinct.

  • HB 927 status: Passed the House, passed the Senate.
  • HB 927 bill text, history, and information: Click HERE
  • SB 3 status: Passed the Senate, passed the House, conference committee report accepted by both chambers. SB 3 will now go to the Governor for his approval or veto. 
  • SB 3 bill text, history, and information: Click HERE

SB 273: Witness Signature on Absentee Ballot – NO CONFERENCE REPORT
This bill would allow for the required witness signature on an absentee ballot to be replaced with the last 4 digits of a voter’s social security number instead. Since there are cases where voters may not have another person in the vicinity to fulfill the role as a witness, this is a good policy change that accommodates more voters and also maintains the security of elections.  

  • Bill status: Passed the Senate, passed the House, conferees assigned by both chambers, but a conference report has not been posted on the Legislative Information System website.
  • Bill text, history, and information: Click HERE

SB 652: Clarification of Absentee Ballot Application Requirements – NO CONFERENCE REPORT
This legislation clarifies that the absence of the last four digits of a person’s social security number on an application for an absentee ballot is a material omission, and is grounds for rejecting the application. This would not apply if a person is applying in person for an absentee ballot, because under those circumstances the last four digits of a social security number are not part of the application process. Until now, the law has been clear that this requirement already exists; but, due to the interpretation of one general registrar to the contrary, this legislation has been brought forward to reinforce the existing law. 

  • Bill status: Passed the Senate, passed the House, conferees assigned by both chambers, but a conference report has not been posted on the Legislative Information System website.
  • Bill text, history, and information: Click HERE

EMINENT DOMAIN

SB 666: Citizen Protections Related to Eminent Domain – AWAITING ACTION FROM THE GOVERNOR
This bill revises the definitions of “lost access” and “lost profits,” related to eminent domain. This is a good policy that would increase protections to citizens who are affected by a public use project. 

  • Bill status: Passed the Senate, passed the House, will now go to the Governor for his approval or veto.
  • Bill text, history, and information: Click HERE

SB 694: Update to Eminent Domain Code – AWAITING ACTION FROM THE GOVERNOR
This bill would create changes to substantially protect property owners who have land affected by eminent domain. It would require the government to inform the property owner if a project is over and the owner can get portions of their property back, requires interest to be paid on payments to landowners and prevents a development approval from being granted to allow eminent domain, among several other good reforms. 

  • Bill status: Passed the Senate, passed the House, conference committee report accepted by both chambers. SB 694 will now go to the Governor for his approval or veto.
  • Bill text, history, and information: Click HERE

HEALTHCARE

HB 81 & SB 436: State Telehealth Plan – AWAITING ACTION FROM THE GOVERNOR
These bills require the Board of Health to contract with a private Virginia telehealth organization for general consultation and assistance with tracking implementation of the State Plan. This would contribute to the success of the State Telehealth Plan going forward. 

  • HB 81 status: Passed the House, was conformed to SB 436 in Senate committee, passed the Senate, final version was accepted by the House. This bill will now go to the Governor’s desk for his approval or veto. 
  • HB 81 bill text, history, and information: Click HERE
  • SB 436 status: Passed the Senate, passed the House, this bill will now go to the Governor’s desk for his approval or veto. 
  • SB 436 bill text, history, and information: Click HERE

HB 537: Exception for Telemedicine – AWAITING ACTION FROM THE GOVERNOR

This bill allows a licensed professional outside of the Commonwealth of Virginia to temporarily provide care to a patient located within the state through telemedicine under certain conditions. This is a good bill that increases access to medical care.

  • Bill status:  Passed the House, passed the Senate, this bill will now go to the Governor’s desk for his approval or veto.
  • Bill text, history, and information: Click HERE

REGULATORY REFORM

HB 207: Committee Chairmen – AWAITING ACTION FROM THE GOVERNOR
This bill requires that when any legislation would increase or start occupational regulation through the Department of Professional and Occupational Regulation (DPOR)  that the chairman of the committee having jurisdiction over the bill send it to DPOR for evaluation.  

  • Bill status: Passed the House, passed the Senate, this bill will now go to the Governor’s desk for his approval or veto.
  • Bill text, history, and information: Click HERE

LEGISLATIVE GRAVEYARD 2022

Newly added last week:

HB 80: Healthcare Regulatory Sandbox
This legislation advances innovation in Virginia by creating the Healthcare Regulatory Sandbox Program for five years. Participants that have been accepted into the program may temporarily test a healthcare product or service for 2-3 years without the normal licensure or authorization the state requires. An annual report including information about the participants and effectiveness of the program will be prepared and given to the health related committee chairmen in the House and Senate each year. 

  • Bill status: Passed the House, was voted down on the Senate floor (vote was 18-20), a reconsideration of the vote was called for and the bill was voted down a second time (vote 19-20). 
  • Bill text, history, and information: Click HERE

Previously Killed: 

SB 318: Donor Disclosure Requirements
This bill proposes a requirement that an organization that engages in an independent expenditure that includes an advertisement for or against a candidate or for or against a referendum must disclose the organization’s top 3 donors on the ad. This requirement would apply if the ad was run 1-2 months before an election. This policy would be a step in the wrong direction, as it would violate the privacy of individuals who contribute to causes that are personal and expose them to risk of being targeted. The ambiguity of the bill could also be interpreted to apply to issue related communications that don’t expressly support or oppose a candidate. 

  • Bill status: Passed the Senate, died in House Privileges and Elections Subcommittee #2. 
  • Bill text, history, and information: Click HERE

SB 378: Victim Input in Criminal Resentencing
This bill proposes to make changes related to the sentences served by those convicted of crimes in the Commonwealth. The bill provides an opportunity for inmates who have served a certain amount of their sentence without incident to petition for a modification to the rest of their term in prison.

  • Bill status: Passed the Senate, House Committee for Courts of Justice Subcommittee #1 recommends laying the bill on the table. 
  • Bill text, history, and information: Click HERE

HB 244: Red Tape Reduction Act
This bill institutes a beneficial Regulatory Reduction Program, designed to inhibit the growth of executive agencies and create a system of target goals for them to reduce regulations and provide regular reports on their progress. 

  • Bill status: Passed the House, passed the General Laws and Technology Committee, was killed through the motion to pass by indefinitely in the Senate Finance and Appropriations Committee. 
  • Bill text, history, and information: Click HERE
  • Additional link: Video on the issue

HB 827: Localities’ Authority to Restrict Carrying
This bill would remove localities’ authority to prohibit guns in government buildings and public parks and buildings. Sixteen localities currently have such laws, which leaves individuals carrying a gun vulnerable to unintentionally violating the law as they travel across the Commonwealth. 

  • Bill status: Passed the House, was killed in the Senate Judiciary Committee through the motion to pass by indefinitely. 
  • Bill text, history, and information: Click HERE

HB 71 & SB 45: Campaign Contributions by Public Utilities
Both pieces of legislation, if adopted, would add protection from bias to elections and protect from corruption in the marketplace by prohibiting public utility entities from making financial contributions to candidates campaigning for political office.

  • HB 71 bill status: Failed in the House Privileges and Elections Subcommittee #2
  • HB 71 bill text, history, and info: Click HERE
  • SB 45 bill status: Failed in Senate Privileges and Elections Committee
  • SB 45 bill text, history, and info: Click HERE

HB 529: Misclassification of Workers
This bill proposed to provide an independent contractor with legal protection to explicitly self-identify as a contractor and prevent forced classification as an employee.

  • Bill status: Continued to 2023 in the House Commerce and Energy Subcommittee #1
  • Bill text, history, and info: Click HERE

HB 553: Opportunity Classroom
This bill opens the door for Virginia students to get a head start in a career by granting teachers the authority to enter into an agreement with a school board to teach a curriculum on required subjects through an industry specific lens in a designated school classroom. 

  • Bill status: Laid on the table in House Education Subcommittee on Early Childhood/Innovation
  • Bill text, history, and info: Click HERE

SB 390: Election Audit Process
This bill addresses the need to ensure that all voting machines in the state are functioning correctly, by establishing an audit process that would check every machine once every 5 years.

  • Bill status: Failed in Senate Privileges and Elections Committee
  • Bill text, history, and info: Click HERE

HB 208 & SB 712: Universal Sandbox Program
This bill facilitates a stronger free market and accelerated innovation by establishing the Virginia Regulatory Sandbox Program. Individuals who would like to participate in the program would apply, and once accepted would be granted a waiver from one or more state laws to make a desired product, use a desired production method, or provide a service. 

  • HB 208 bill status: Tabled in the House Appropriations Committee
  • HB 208 bill text, history, and info: Click HERE
  • SB 712 bill status: Continued to 2023 in Senate Finance and Appropriations Committee
  • SB 712 bill text, history, and info: Click HERE

SB 75: Right to Firearm at Government Locations
This bill is a repeal of the current prohibition to carry a firearm at or near the Virginia Capitol building and various other locations where government work takes place.  

  • Bill status: Failed in Senate Committee on Rules
  • Bill text, history, and info: Click HERE

HB 922: Financial Technology (FinTech) Sandbox Program
This legislation advances innovation in Virginia by creating the FinTech Regulatory Sandbox Program. Participants that have been accepted into the program may conduct testing of a financial product or service for 2-3 years without the normal licensure or authorization the state requires. 

  • Bill status: Failed by being stricken from the committee docket
  • Bill text, history, and info: Click HERE

HB 1025: Educational Savings Account
This bill champions parental choice in education by giving parents 90% of the state funds allotted for a public school student if the parents would like to pursue different education options. The money would be offered to parents through an Educational Savings Account system and is required to be spent on education related expenses. 

  • Bill status: Died because the bill did not receive a vote in the House Committee on Education before the 2/16 crossover deadline
  • Bill text, history, and information: Click HERE

HB 906: Inmate Sentences
This bill propose to make changes related to the sentences served by those convicted of crimes in the Commonwealth. The bill provides an opportunity for inmates who have served a certain amount of their sentence without incident to petition for a modification to the rest of their term in prison.

  • Bill status: Died because the bill did not receive a vote in the House Committee for Courts of Justice before the 2/16 crossover deadline
  • Bill text, history, and information: Click HERE

HB 46: Voter Identification
This bill requires a voter to present an ID with a photograph at the polls in order to cast a ballot. If the voter does not present a photo ID, they can receive and vote a provisional ballot. The legislation also removes the option for a voter to sign a statement confirming their own identity as an alternative to providing an ID. Further, it removes the option to provide a utility bill or other document without a photograph to provide proof of identity. Lastly, it repeals the permanent absentee voter list. These are good policy measures and would create robust safeguards for election integrity in Virginia. 

  • Bill status: Passed the House, then died in Senate Privileges and Elections Committee.
  • Bill text, history, and information: Click HERE

HB 185: Limited Same Day Registration
Adoption of this legislation would establish a good policy to prohibit same day voter registration, with only three exceptions. The three specified exceptions are: service members of the United States on active duty, individuals temporarily living outside of the country, and a spouse or dependent of one of the first two categories.

  • Bill status: Passed the House, then died in Senate Privileges and Elections Committee.
  • Bill text, history, and information: Click HERE 

HB 544: Optional Restrictive ID
This bill would allow a voter to inform the state that they are personally opting into a photo ID requirement which would be enforced at the polls for that voter. This would prevent a person from showing up to the polls and falsely claiming they were that voter and casting a ballot. Measures like this would be progress towards increased election security. 

  • Bill status: Passed the House, then died in Senate Privileges and Elections Committee.
  • Bill text, history, and information: Click HERE
Legislative Update: 6 March 2022

Week in Review
Last week, Governor Younkin exercised his veto power for the first time since taking office. The bill that almost became law, HB 670, would have established the position of an independent policing auditor, to be filled by appointment. In election policy last week, companion bills HB 205 and SB 80 both passed their respective second chambers in a strong show of bipartisan support. These election bills propose a reform that prohibits private individuals and organizations from contributing to election administration. As the session comes to a close in the coming week, we will begin to discern with more certainty where good policies prevailed in 2022 and which legislative ideas will need to wait another year, or longer, before having another chance to become Virginia law. 

2022 Session Overview Numbers
(Total # of bills and resolutions)

ELECTIONS

HB 205 & SB 80: Election Financing
Both pieces of legislation would make it illegal for any elected state or local election official to accept money from any individual or entity except the government to fund an election in Virginia. This policy would be beneficial in preserving unbiased elections.

  • HB 205 status: Passed the House, passed the Senate, will now go to the Governor for his approval or veto. 
  • HB 205 bill text, history, and information: Click HERE
  • SB 80 status: Passed the Senate, passed the House, will now go to the Governor for his approval or veto. 
  • SB 80 bill text, history, and information: Click HERE

HB 55 & SB 211: Accurate Voter Rolls
These bills would require the Virginia Department of Vital Statistics to report state residents’ death to the Department of Elections on a weekly basis. This would be a good policy decision for the Commonwealth that would increase the ongoing accuracy of the official voter roll lists. 

  • HB 55 status: Passed the House, passed the Senate and has been approved by the Governor. 
  • HB 55 bill text, history, and information: Click HERE
  • SB 211 status: Passed the Senate, passed the House, will now go to the Governor for his approval or veto. 
  • SB 211 bill text, history, and information: Click HERE

HB 927 & SB 3: Absentee Ballot Counting
If this legislation was adopted, any ballot counted at a central absentee precinct would be required to be counted and sorted into categories based on the precinct where the ballot was cast. This bill also requires total vote result numbers to be reported by precinct.

  • HB 927 status: Passed the House, passed the Senate, will now go to the Governor for his approval or veto. 
  • HB 927 bill text, history, and information: Click HERE
  • SB 3 status: Passed the Senate, passed the House with a substitute which was rejected by the Senate. 
  • SB 3 bill text, history, and information: Click HERE

SB 273: Witness Signature on Absentee Ballot
This bill would allow for the required witness signature on an absentee ballot to be replaced with the last 4 digits of a voter’s social security number instead. Since there are cases where voters may not have another person in the vicinity to fulfill the role as a witness, this is a good policy change that accommodates more voters and also maintains the security of elections.  

  • Bill status: Passed the Senate, passed the House Privileges and Elections Committee with a substitute.
  • Bill text, history, and information: Click HERE

SB 652: Clarification of Absentee Ballot Application Requirements
This legislation clarifies that the absence of the last four digits of a person’s social security number on an application for an absentee ballot is a material omission, and is grounds for rejecting the application. This would not apply if a person is applying in person for an absentee ballot, because under those circumstances the last four digits of a social security number are not part of the application process. Until now, the law has been clear that this requirement already exists; but, due to the interpretation of one general registrar to the contrary, this legislation has been brought forward to reinforce the existing law. 

  • Bill status: Passed the Senate, passed the House Privileges and Elections Committee with a substitute.
  • Bill text, history, and information: Click HERE

EMINENT DOMAIN

SB 666: Citizen Protections Related to Eminent Domain
This bill revises the definitions of “lost access” and “lost profits,” related to eminent domain. This is a good policy that would increase protections to citizens who are affected by a public use project. 

  • Bill status: Passed the Senate, passed the House with a substitute which was accepted by the Senate. 
  • Bill text, history, and information: Click HERE

SB 694: Update to Eminent Domain Code
This bill would continue to align the sections of the state code that cover eminent domain with language and intent of the 2012 Constitutional Amendment on the issue. 

  • Bill status: Passed the Senate, has been read for the second time in the House. 
  • Bill text, history, and information: Click HERE

HEALTHCARE

HB 80: Healthcare Regulatory Sandbox
This legislation advances innovation in Virginia by creating the Healthcare Regulatory Sandbox Program for five years. Participants that have been accepted into the program may temporarily test a healthcare product or service for 2-3 years without the normal licensure or authorization the state requires. An annual report including information about the participants and effectiveness of the program will be prepared and given to the health related committee chairmen in the House and Senate each year. 

  • Bill status: Passed the House, passed the Senate Health Professions Subcommittee of the Senate Education and Health Committee, passed the Senate Finance and Appropriations Committee with amendment. 
  • Bill text, history, and information: Click HERE

HB 81 & SB 436: State Telehealth Plan
These bills require the Board of Health to contract with a private Virginia telehealth organization for general consultation and assistance with tracking implementation of the State Plan. This would contribute to the success of the State Telehealth Plan going forward. 

  • HB 81 status: Passed the House, was conformed to SB 436 in Senate committee, passed the Senate, final version was accepted by the House. This bill will now go to the Governor’s desk for his approval or veto. 
  • HB 81 bill text, history, and information: Click HERE
  • SB 436 status: Passed the Senate, passed the House, this bill will now go to the Governor’s desk for his approval or veto. 
  • SB 436 bill text, history, and information: Click HERE

HB 537: Exception for Telemedicine
This bill allows a licensed professional outside of the Commonwealth of Virginia to temporarily provide care to a patient located within the state through telemedicine under certain conditions. This is a good bill that increases access to medical care.

  • Bill status: Passed the House Floor, passed the Senate Health Professions Subcommittee of the Senate Education and Health Committee, passed Senate Education and Health Committee. 
  • Bill text, history, and information: Click HERE

REGULATORY REFORM

HB 207: Committee Chairmen
This bill requires that when any legislation would increase or start occupational regulation through the Department of Professional and Occupational Regulation (DPOR)  that the chairman of the committee having jurisdiction over the bill send it to DPOR for evaluation.  

  • Bill status: Passed the House, passed the Senate Rules Committee.
  • Bill text, history, and information: Click HERE

LEGISLATION GRAVEYARD 2022

NEW THIS WEEK:

SB 318: Donor Disclosure Requirements
This bill proposes a requirement that an organization that engages in an independent expenditure that includes an advertisement for or against a candidate or for or against a referendum must disclose the organization’s top 3 donors on the ad. This requirement would apply if the ad was run 1-2 months before an election. This policy would be a step in the wrong direction, as it would violate the privacy of individuals who contribute to causes that are personal and expose them to risk of being targeted. The ambiguity of the bill could also be interpreted to apply to issue related communications that don’t expressly support or oppose a candidate. 

  • Bill status: Passed the Senate, died in House Privileges and Elections Subcommittee #2. 
  • Bill text, history, and information: Click HERE

SB 378: Victim Input in Criminal Resentencing
This bill proposes to make changes related to the sentences served by those convicted of crimes in the Commonwealth. The bill provides an opportunity for inmates who have served a certain amount of their sentence without incident to petition for a modification to the rest of their term in prison.

  • Bill status: Passed the Senate, House Committee for Courts of Justice Subcommittee #1 recommends laying the bill on the table. 
  • Bill text, history, and information: Click HERE

HB 244: Red Tape Reduction Act
This bill institutes a beneficial Regulatory Reduction Program, designed to inhibit the growth of executive agencies and create a system of target goals for them to reduce regulations and provide regular reports on their progress. 

  • Bill status: Passed the House, passed the General Laws and Technology Committee, was killed through the motion to pass by indefinitely in the Senate Finance and Appropriations Committee. 
  • Bill text, history, and information: Click HERE
  • Additional link: Video on the issue

HB 827: Localities’ Authority to Restrict Carrying
This bill would remove localities’ authority to prohibit guns in government buildings and public parks and buildings. Sixteen localities currently have such laws, which leaves individuals carrying a gun vulnerable to unintentionally violating the law as they travel across the Commonwealth. 

  • Bill status: Passed the House, was killed in the Senate Judiciary Committee through the motion to pass by indefinitely. 
  • Bill text, history, and information: Click HERE

PREVIOUSLY KILLED:

HB 71 & SB 45: Campaign Contributions by Public Utilities
Both pieces of legislation, if adopted, would add protection from bias to elections and protect from corruption in the marketplace by prohibiting public utility entities from making financial contributions to candidates campaigning for political office.

  • HB 71 bill status: Failed in the House Privileges and Elections Subcommittee #2
  • HB 71 bill text, history, and info: Click HERE
  • SB 45 bill status: Failed in Senate Privileges and Elections Committee
  • SB 45 bill text, history, and info: Click HERE

HB 529: Misclassification of Workers
This bill proposed to provide an independent contractor with legal protection to explicitly self-identify as a contractor and prevent forced classification as an employee.

  • Bill status: Continued to 2023 in the House Commerce and Energy Subcommittee #1
  • Bill text, history, and info: Click HERE

HB 553: Opportunity Classroom
This bill opens the door for Virginia students to get a head start in a career by granting teachers the authority to enter into an agreement with a school board to teach a curriculum on required subjects through an industry specific lens in a designated school classroom. 

  • Bill status: Laid on the table in House Education Subcommittee on Early Childhood/Innovation
  • Bill text, history, and info: Click HERE

SB 390: Election Audit Process
This bill addresses the need to ensure that all voting machines in the state are functioning correctly, by establishing an audit process that would check every machine once every 5 years.

  • Bill status: Failed in Senate Privileges and Elections Committee
  • Bill text, history, and info: Click HERE

HB 208 & SB 712: Universal Sandbox Program
This bill facilitates a stronger free market and accelerated innovation by establishing the Virginia Regulatory Sandbox Program. Individuals who would like to participate in the program would apply, and once accepted would be granted a waiver from one or more state laws to make a desired product, use a desired production method, or provide a service. 

  • HB 208 bill status: Tabled in the House Appropriations Committee
  • HB 208 bill text, history, and info: Click HERE
  • SB 712 bill status: Continued to 2023 in Senate Finance and Appropriations Committee
  • SB 712 bill text, history, and info: Click HERE

SB 75: Right to Firearm at Government Locations
This bill is a repeal of the current prohibition to carry a firearm at or near the Virginia Capitol building and various other locations where government work takes place.  

  • Bill status: Failed in Senate Committee on Rules
  • Bill text, history, and info: Click HERE

HB 922: Financial Technology (FinTech) Sandbox Program
This legislation advances innovation in Virginia by creating the FinTech Regulatory Sandbox Program. Participants that have been accepted into the program may conduct testing of a financial product or service for 2-3 years without the normal licensure or authorization the state requires. 

  • Bill status: Failed by being stricken from the committee docket
  • Bill text, history, and info: Click HERE

HB 1025: Educational Savings Account
This bill champions parental choice in education by giving parents 90% of the state funds allotted for a public school student if the parents would like to pursue different education options. The money would be offered to parents through an Educational Savings Account system and is required to be spent on education related expenses. 

  • Bill status: Died because the bill did not receive a vote in the House Committee on Education before the 2/16 crossover deadline
  • Bill text, history, and information: Click HERE

HB 906: Inmate Sentences
This bill propose to make changes related to the sentences served by those convicted of crimes in the Commonwealth. The bill provides an opportunity for inmates who have served a certain amount of their sentence without incident to petition for a modification to the rest of their term in prison.

  • Bill status: Died because the bill did not receive a vote in the House Committee for Courts of Justice before the 2/16 crossover deadline
  • Bill text, history, and information: Click HERE

HB 46: Voter Identification
This bill requires a voter to present an ID with a photograph at the polls in order to cast a ballot. If the voter does not present a photo ID, they can receive and vote a provisional ballot. The legislation also removes the option for a voter to sign a statement confirming their own identity as an alternative to providing an ID. Further, it removes the option to provide a utility bill or other document without a photograph to provide proof of identity. Lastly, it repeals the permanent absentee voter list. These are good policy measures and would create robust safeguards for election integrity in Virginia. 

  • Bill status: Passed the House, then died in Senate Privileges and Elections Committee.
  • Bill text, history, and information: Click HERE

HB 185: Limited Same Day Registration
Adoption of this legislation would establish a good policy to prohibit same day voter registration, with only three exceptions. The three specified exceptions are: service members of the United States on active duty, individuals temporarily living outside of the country, and a spouse or dependent of one of the first two categories.

  • Bill status: Passed the House, then died in Senate Privileges and Elections Committee.
  • Bill text, history, and information: Click HERE 

HB 544: Optional Restrictive ID
This bill would allow a voter to inform the state that they are personally opting into a photo ID requirement which would be enforced at the polls for that voter. This would prevent a person from showing up to the polls and falsely claiming they were that voter and casting a ballot. Measures like this would be progress towards increased election security. 

  • Bill status: Passed the House, then died in Senate Privileges and Elections Committee.
  • Bill text, history, and information: Click HERE
Legislative Update: 27 February 2022

Week in Review
A notable item from last week’s activities of the Virginia General Assembly was the vote on the budget for the next two years by the Senate and the House of Delegates. True to the now-familiar cadence of a politically divided legislature, each chamber prioritized different budget line items in their allotment of available funds, resulting in different versions of the budget being passed by the Senate and House. As a result, before the final budget is set, compromises will need to be made by the two chambers.

Another item of note, last week, was the strong legislative proposals for improving elections that failed as multiple bills were passed by “indefinitely” on Tuesday by the Senate Privileges and Elections Committee. Although a few straggling election reforms remain in play, most of the larger policy reforms are now off of the table. One that remains is SB 80, intended to eliminate the private funding of elections, which has already passed the Senate and is expected to be voted on by the House this coming week.

2022 Session Overview Numbers
(Total # of bills and resolutions)

EDUCATION

HB 346 & SB 598: Creation of College Partnership Laboratory Schools
These bills would allow public or private institutions of higher education to establish a K-12 school called a laboratory school. The institution of higher education would submit an application to the state Board of Education to start a laboratory school. There is also a provision that allows an already existing school to be converted into a lab school.

  • SB 598 status: Passed the Senate and has been sent to the House Committee on Education. This bill conforms to HB 346 but also has additional changes that may make HB 346 the preferable policy. 
  • SB 598 bill text, history and information: Click HERE
  • HB 346 status: Passed the House and sent to the Senate Committee on Education and Health.
  • HB 346 bill text, history and information: Click HERE

ELECTIONS

HB 205 & SB 80: Election Financing
Both pieces of legislation would make it illegal for any elected state or local election official to accept money from any individual or entity except the government to fund an election in Virginia. This policy would be beneficial in preserving unbiased elections.

  • HB 205 status: Passed the House, sent to the Senate Privileges and Elections Committee.
  • HB 205 bill text, history, and information: Click HERE
  • SB 80 status: Passed the Senate, Passed House Privileges and Elections Committee.
  • SB 80 bill text, history, and information: Click HERE

HB 55 & SB 211: Accurate Voter Rolls
These bills would require the Virginia Department of Vital Statistics to report state residents’ death to the Department of Elections on a weekly basis. This would be a good policy decision for the Commonwealth that would increase the ongoing accuracy of the official voter roll lists. 

  • HB 55 status: Passed the House, passed the Senate and has been approved by the Governor. 
  • HB 55 bill text, history, and information: Click HERE
  • SB 211 status: Passed the Senate, Passed House Privileges and Elections Committee
  • SB 211 bill text, history, and information: Click HERE

HB 927 & SB 3: Absentee Ballot Counting
If this legislation was adopted, any ballot counted at a central absentee precinct would be required to be counted and sorted into categories based on the precinct where the ballot was cast. This bill also requires total vote result numbers to be reported by precinct.

  • HB 927 status: Passed the House, sent to the Senate Privileges and Elections Committee
  • HB 927 bill text, history, and information: Click HERE
  • SB 3 status: Passed the Senate, Passed House Privileges and Elections Committee
  • SB 3 bill text, history, and information: Click HERE

SB 318: Donor Disclosure Requirements
This bill proposes a requirement that an organization that engages in an independent expenditure that includes an advertisement for or against a candidate or for or against a referendum must disclose the organization’s top 3 donors on the ad. This requirement would apply if the ad was run 1-2 months before an election. This policy would be a step in the wrong direction, as it would violate the privacy of individuals who contribute to causes that are personal and expose them to risk of being targeted. The ambiguity of the bill could also be interpreted to apply to issue related communications that don’t expressly support or oppose a candidate. 

  • Bill status: Passed the Senate, has been sent to the House Privileges and Elections Committee
  • Bill text, history, and information: Click HERE

EMINENT DOMAIN

SB 666: Citizen Protections Related to Eminent Domain
This bill revises the definitions of “lost access” and “lost profits,” related to eminent domain. This is a good policy that would increase protections to citizens who are affected by a public use project. 

  • Bill status: Passed the Senate, passed the House Courts of Justice Committee and sent to the House Committee on Appropriations. 
  • Bill text, history, and information: Click HERE

SB 694: Update to Eminent Domain Code
This bill would continue to align the sections of the state code that cover eminent domain with language and intent of the 2012 Constitutional Amendment on the issue. 

  • Bill status: Passed the Senate Floor, sent to the House Committee for Courts of Justice, sent to Subcommittee #2. 
  • Bill text, history, and information: Click HERE

HEALTHCARE

HB 80: Healthcare Regulatory Sandbox
This legislation advances innovation in Virginia by creating the Healthcare Regulatory Sandbox Program for five years. Participants that have been accepted into the program may temporarily test a healthcare product or service for 2-3 years without the normal licensure or authorization the state requires. An annual report including information about the participants and effectiveness of the program will be prepared and given to the health related committee chairmen in the House and Senate each year. 

  • Bill status: Passed the House, passed the Senate Health Professions Subcommittee of the Senate Education and Health Committee. 
  • Bill text, history, and information: Click HERE

HB 81 & SB 436: State Telehealth Plan
These bills require the Board of Health to contract with a private Virginia telehealth organization for general consultation and assistance with tracking implementation of the State Plan. This would contribute to the success of the State Telehealth Plan going forward. 

  • HB 81 status: Passed the House, was conformed to SB 436 in Senate committee, passed the Senate, final version was accepted by the House. This bill will now go to the Governor’s desk for his approval or veto. 
  • HB 81 bill text, history, and information: Click HERE
  • SB 436 status: Passed the Senate, passed the House Health, Welfare and Institutions Committee. 
  • SB 436 bill text, history, and information: Click HERE

HB 537: Exception for Telemedicine
This bill allows a licensed professional outside of the Commonwealth of Virginia to temporarily provide care to a patient located within the state through telemedicine under certain conditions. This is a good bill that increases access to medical care.

  • Bill status: Passed the House Floor, passed the Senate Health Professions Subcommittee of the Senate Education and Health Committee. 
  • Bill text, history, and information: Click HERE

JUSTICE SYSTEM

SB 378: Victim Input in Criminal Resentencing
This bill proposes to make changes related to the sentences served by those convicted of crimes in the Commonwealth. The bill provides an opportunity for inmates who have served a certain amount of their sentence without incident to petition for a modification to the rest of their term in prison.

  • Bill status: Passed the Senate, sent to the House Committee for Courts of Justice 
  • Bill text, history, and information: Click HERE

REGULATORY REFORM

HB 207: Committee Chairmen
This bill requires that when any legislation would increase or start occupational regulation through the Department of Professional and Occupational Regulation (DPOR)  that the chairman of the committee having jurisdiction over the bill send it to DPOR for evaluation.  

  • Bill status: Passed the House, sent to Senate Rules Committee
  • Bill text, history, and information: Click HERE

HB 244: Red Tape Reduction Act
This bill institutes a beneficial Regulatory Reduction Program, designed to inhibit the growth of executive agencies and create a system of target goals for them to reduce regulations and provide regular reports on their progress. 

  • Bill status: Passed the House, sent to the Senate General Laws and Technology Committee
  • Bill text, history, and information: Click HERE
  • Additional link: Video on the issue

SECOND AMENDMENT 

HB 827: Localities’ Authority to Restrict Carrying
This bill would remove localities’ authority to prohibit guns in government buildings and public parks and buildings. Sixteen localities currently have such laws, which leaves individuals carrying a gun vulnerable to unintentionally violating the law as they travel across the Commonwealth. 

  • Bill status: Passed the House, sent to the Senate Committee on the Judiciary 
  • Bill text, history, and information: Click HERE

LEGISLATION GRAVEYARD 2022

HB 71 & SB 45: Campaign Contributions by Public Utilities
Both pieces of legislation, if adopted, would add protection from bias to elections and protect from corruption in the marketplace by prohibiting public utility entities from making financial contributions to candidates campaigning for political office.

  • HB 71 bill status: Failed in the House Privileges and Elections Subcommittee #2
  • HB 71 bill text, history, and info: Click HERE
  • SB 45 bill status: Failed in Senate Privileges and Elections Committee
  • SB 45 bill text, history, and info: Click HERE

HB 529: Misclassification of Workers
This bill proposed to provide an independent contractor with legal protection to explicitly self-identify as a contractor and prevent forced classification as an employee.

  • Bill status: Continued to 2023 in the House Commerce and Energy Subcommittee #1
  • Bill text, history, and info: Click HERE

HB 553: Opportunity Classroom
This bill opens the door for Virginia students to get a head start in a career by granting teachers the authority to enter into an agreement with a school board to teach a curriculum on required subjects through an industry specific lens in a designated school classroom. 

  • Bill status: Laid on the table in House Education Subcommittee on Early Childhood/Innovation
  • Bill text, history, and info: Click HERE

SB 390: Election Audit Process
This bill addresses the need to ensure that all voting machines in the state are functioning correctly, by establishing an audit process that would check every machine once every 5 years.

  • Bill status: Failed in Senate Privileges and Elections Committee
  • Bill text, history, and info: Click HERE

HB 208 & SB 712: Universal Sandbox Program
This bill facilitates a stronger free market and accelerated innovation by establishing the Virginia Regulatory Sandbox Program. Individuals who would like to participate in the program would apply, and once accepted would be granted a waiver from one or more state laws to make a desired product, use a desired production method, or provide a service. 

  • HB 208 bill status: Tabled in the House Appropriations Committee
  • HB 208 bill text, history, and info: Click HERE
  • SB 712 bill status: Continued to 2023 in Senate Finance and Appropriations Committee
  • SB 712 bill text, history, and info: Click HERE

SB 75: Right to Firearm at Government Locations
This bill is a repeal of the current prohibition to carry a firearm at or near the Virginia Capitol building and various other locations where government work takes place.  

  • Bill status: Failed in Senate Committee on Rules
  • Bill text, history, and info: Click HERE

HB 922: Financial Technology (FinTech) Sandbox Program
This legislation advances innovation in Virginia by creating the FinTech Regulatory Sandbox Program. Participants that have been accepted into the program may conduct testing of a financial product or service for 2-3 years without the normal licensure or authorization the state requires. 

  • Bill status: Failed by being stricken from the committee docket
  • Bill text, history, and info: Click HERE

HB 1025: Educational Savings Account
This bill champions parental choice in education by giving parents 90% of the state funds allotted for a public school student if the parents would like to pursue different education options. The money would be offered to parents through an Educational Savings Account system and is required to be spent on education related expenses. 

  • Bill status: Died because the bill did not receive a vote in the House Committee on Education before the 2/16 crossover deadline
  • Bill text, history, and information: Click HERE

HB 906: Inmate Sentences
This bill propose to make changes related to the sentences served by those convicted of crimes in the Commonwealth. The bill provides an opportunity for inmates who have served a certain amount of their sentence without incident to petition for a modification to the rest of their term in prison.

  • Bill status: Died because the bill did not receive a vote in the House Committee for Courts of Justice before the 2/16 crossover deadline
  • Bill text, history, and information: Click HERE

HB 46: Voter Identification
This bill requires a voter to present an ID with a photograph at the polls in order to cast a ballot. If the voter does not present a photo ID, they can receive and vote a provisional ballot. The legislation also removes the option for a voter to sign a statement confirming their own identity as an alternative to providing an ID. Further, it removes the option to provide a utility bill or other document without a photograph to provide proof of identity. Lastly, it repeals the permanent absentee voter list. These are good policy measures and would create robust safeguards for election integrity in Virginia. 

  • Bill status: Passed the House, then died in Senate Privileges and Elections Committee.
  • Bill text, history, and information: Click HERE

HB 185: Limited Same Day Registration
Adoption of this legislation would establish a good policy to prohibit same day voter registration, with only three exceptions. The three specified exceptions are: service members of the United States on active duty, individuals temporarily living outside of the country, and a spouse or dependent of one of the first two categories.

  • Bill status: Passed the House, then died in Senate Privileges and Elections Committee.
  • Bill text, history, and information: Click HERE 

HB 544: Optional Restrictive ID
This bill would allow a voter to inform the state that they are personally opting into a photo ID requirement which would be enforced at the polls for that voter. This would prevent a person from showing up to the polls and falsely claiming they were that voter and casting a ballot. Measures like this would be progress towards increased election security. 

  • Bill status: Passed the House, then died in Senate Privileges and Elections Committee.
  • Bill text, history, and information: Click HERE
Legislative Analysis: HB.244 Regulatory Streamlining Bill (2022)

Click the image or link to view the PDF version:
VIPP HB244 Regulatory Streamlining Bill (2022)

BACKGROUND

In 2018, Governor Ralph Northam signed into law HB 883, the Regulatory Reduction Pilot Program. The program was a blend of both occupational licensing and criminal justice reform, combined with regulatory streamlining measures. The program was a pilot in the sense that it focused on two state agencies to start—the Department of Criminal Justice Services (DCJS) and the Department of Professional and Occupational Regulation (DOPR). These agencies were required to produce an inventory of the requirements they impose on members of the public and then reduce burdens by 25 percent. The purpose of creating the inventory was so that the agency would 1) review its regulations and 2) have an organized way to evaluate whether the requirements it controlled merit amendment of some kind.

The focus on licensing and criminal justice issues was not a coincidence. There is widespread agreement among economists that licensing regulations in particular often act as a barrier to employment for those who have a criminal record. Thus, there is a strong social justice case for reforms of this kind. Moreover, this issue has gained increasing attention since a seminal occupational licensing report was issued by the Obama administration in 2015,1 which helped inspire reforms in a number of states.

RESULTS

The results of the pilot program were impressive. DPOR amended roughly 27 percent of its regulatory requirements while the corresponding number for DCJS was 14 percent. For example, a $100 fee required to be paid with a license application might be reduced to $50. This would be counted as one streamlined requirement, as would be the case if the fee were eliminated entirely. This way of measurement gave the regulatory agency flexibility to reduce certain burdens without being tied to a blunt, across the board reduction.

During the three years while the pilot program was ongoing, other agencies subject to the state Administrative Process Act were tasked with reviewing their requirements with an end-goal of producing inventories of the requirements. These inventories would lay the groundwork for the potential expansion of the regulatory reduction program. Unfortunately, the pilot program’s progress was slowed considerably due to the COVID-19 pandemic. Inventories were supposed to be completed by October of 2020. Instead, they weren’t reported until one full year later, in October of 2021. It is very likely the pilot program would have been expanded in 2020 had it not been for the pandemic forcing regulatory agencies to rightfully focus on other pressing priorities.

EXPANSION BILL

Virginia HB 244 (2022) and its companion bill in the Virginia state senate, SB 372, establish a regulatory streamlining program that expands the pilot program of 2018 to other executive agencies. The law creates a system whereby the Virginia Secretary of Finance, on a 2-year cycle, establishes regulatory goals for each agency under the authority of the governor. The benefit of an alternating two-year cycle is that the fiscal budget will be passed in odd years while the regulatory budget will be considered in even years. The main difference between the Regulatory Budget Act and the Regulatory Reduction Pilot Program is that the pilot program required a 25 percent reduction in burdens from the two pilot agencies, while the Regulatory Budget Act gives the finance secretary discretion to set the requirement goal for each agency as he or she sees fit. This means, for example, the number of requirements could be allowed to rise at one agency while falling at another.

Additionally, the pilot program law was temporary, lasting just three years, while the Regulatory Budget Act is intended to be a permanent feature of the Virginia landscape going forward. Furthermore, at the end of the pilot program, the Department of Planning and Budget (DPB) issued a report with recommendations for how to improve the pilot program. The report included establishing better definitions as to what counts as a regulatory requirement and what does not, and creating more consistency of measuring and reporting regulatory requirements across agencies. These recommendations have been incorporated into the Regulatory Budget Act, as DPB will have to produce guidance on these issues for agencies to follow.

CONCLUSION

Virginia has become a leader in the nation in regulatory improvement since passage of the pilot program in 2018.  Virginia was named one of the best states to do business in a 2018 CNBC report, with the 2018 pilot program law singled out as a reason for Virginia’s improvement in the rankings from previous years. Virginia also went on to take the top spot in the CNBC rankings in 2021. Moreover, other states have been influenced by Virginia’s regulatory pilot program. The governor of New Mexico issued an executive order in late 2021 that paired occupational licensing with social justice issues. The New Mexico executive order was a response to a report published in November of 2021 about how to facilitate economic development in New Mexico.2 The report specifically highlights Virginia’s 2018 law, pointing to Virginia as a state that has been “more proactive in addressing obstacles to quick and easy business establishment and expansion.” A bill based on Virginia’s pilot program called the Fighting Chance Act has also been introduced in Pennsylvania with bipartisan support.3

###

Prepared by the Virginia Institute for Public Policy
Caleb Taylor, Director of Policy
Lindsey Zea, Policy & Research Analyst
James Broughel, Senior Research Fellow

1 U.S. Department of the Treasury, Council of Economic Advisers, and US Department of Labor, Occupational Licensing: A Framework for Policymakers, July 2015.
2 New Mexico Economic Development Department, Empower & Collaborate, 232.
3 H.B. 995, Gen. Assemb., 2019 Sess. (Penn. 2020)

 

Legislative Update: 20 February 2022

Week in Review
This past week the General Assembly saw a flurry of floor activity at the beginning of the week (as well as pink and red decorations for Valentine’s Day) as the crossover deadline approached at the end of Tuesday, 2/15. Many of the regularly scheduled committee meetings were canceled due to crossover, and the second half of the week the overall pace of General Assembly activity slowed slightly from it’s usual hectic pace. One piece of legislation that didn’t get a vote before the crossover deadline was HB 1025, which proposed a universal education savings account program to give parents of K-12 students control over some of the state tax dollars allocated to the student for education. In the coming weeks, we will track the legislation that survived the crossover deadline as they make their way through the second chamber.

2022 Session Overview Numbers 

EDUCATION

HB 346 & SB 598: Creation of College Partnership Laboratory Schools
These bills would allow public or private institutions of higher education to establish a K-12 school called a laboratory school. The institution of higher education would submit an application to the state Board of Education to start a laboratory school. There is also a provision that allows an already existing school to be converted into a lab school.

  • SB 598 status: Passed the Senate and has been sent to the House Committee on Education. This bill conforms to HB 346 but also has additional changes that may make HB 346 the preferable policy. 
  • SB 598 bill text, history and information: Click HERE
  • HB 346 status: Passed the House and sent to the Senate Committee on Education and Health
  • HB 346 bill text, history and information: Click HERE

ELECTION INTEGRITY

HB 46: Voter Identification
This bill requires a voter to present an ID with a photograph at the polls in order to cast a ballot. If the voter does not present a photo ID, they can receive and vote a provisional ballot. The legislation also removes the option for a voter to sign a statement confirming their own identity as an alternative to providing an ID. Further, it removes the option to provide a utility bill or other document without a photograph to provide proof of identity. Lastly, it repeals the permanent absentee voter list. These are good policy measures and would create robust safeguards for election integrity in Virginia. 

  • Bill status: Passed the House, sent to Senate Privileges and Elections Committee
  • Bill text, history, and information: Click HERE

HB 185: Limited Same Day Registration
Adoption of this legislation would establish a good policy to prohibit same day voter registration, with only three exceptions. The three specified exceptions are: service members of the United States on active duty, individuals temporarily living outside of the country, and a spouse or dependent of one of the first two categories.

  • Bill status: Passed the House, sent to the Senate Privileges and Elections Committee
  • Bill text, history, and information: Click HERE 

HB 205 & SB 80: Election Financing
Both pieces of legislation would make it illegal for any elected state or local election official to accept money from any individual or entity except the government to fund an election in Virginia. This policy would be beneficial in preserving unbiased elections.

  • HB 205 status: Passed the House, sent to the Senate Privileges and Elections Committee
  • HB 205 bill text, history, and information: Click HERE
  • SB 80 status: Passed the Senate, sent to the House Privileges and Elections Committee
  • SB 80 bill text, history, and information: Click HERE

HB 544: Optional Restrictive ID
This bill would allow a voter to inform the state that they are personally opting into a photo ID requirement which would be enforced at the polls for that voter. This would prevent a person from showing up to the polls and falsely claiming they were that voter and casting a ballot. Although it doesn’t provide as much security as a full photo ID requirement for all voters, this measure would be a step towards increased election security. 

  • Bill status: Passed the House, sent to the Senate Privileges and Elections Committee
  • Bill text, history, and information: Click HERE

EMINENT DOMAIN

SB 666: Citizen Protections Related to Eminent Domain
This bill revises the definitions of “lost access” and “lost profits,” related to eminent domain. This is a good policy that would increase protections to citizens who are affected by a public use project. 

  • Bill status: Passed the Senate floor unanimously 
  • Bill text, history, and information: Click HERE

SB 694: Update to Eminent Domain Code
This bill would continue to align the sections of the state code that cover eminent domain with language and intent of the 2012 Constitutional Amendment on the issue. 

  • Bill status: Passed the Senate Floor unanimously
  • Bill text, history, and information: Click HERE

HEALTHCARE

HB 80: Healthcare Regulatory Sandbox
This legislation advances innovation in Virginia by creating the Healthcare Regulatory Sandbox Program for five years. Participants that have been accepted into the program may temporarily test a healthcare product or service for 2-3 years without the normal licensure or authorization the state requires. An annual report including information about the participants and effectiveness of the program will be prepared and given to the health related committee chairmen in the House and Senate each year. 

  • Bill status: Passed the House, sent to the Senate Education and Health Committee
  • Bill text, history, and information: Click HERE

HB 81 & SB 436: State Telehealth Plan
These bills require the Board of Health to contract with a private Virginia telehealth organization for general consultation and assistance with tracking implementation of the State Plan. This would contribute to the success of the State Telehealth Plan going forward. 

  • HB 81 status: Passed the House in a block vote  97-0, then in the Senate Education and Health Committee it was conformed to SB 436 and also passed in the committee. 
  • HB 81 bill text, history, and information: Click HERE
  • SB 436 status: Passed the Senate Unanimously 
  • SB 436 bill text, history, and information: Click HERE

HB 537: Exception for Telemedicine
This bill allows a licensed professional outside of the Commonwealth of Virginia to temporarily provide care to a patient located within the state through telemedicine under certain conditions. This is a good bill that increases access to medical care.

  • Bill status: Passed the House Floor, Referred to the Senate Education and Health Committee
  • Bill text, history, and information: Click HERE

JUSTICE SYSTEM

SB 378 : Victim Input in Criminal Resentencing
This bill proposes to make changes related to the sentences served by those convicted of crimes in the Commonwealth. The bill provides an opportunity for inmates who have served a certain amount of their sentence without incident to petition for a modification to the rest of their term in prison.

  • Bill status: Passed the Senate, sent to the House Committee for Courts of Justice 
  • Bill text, history, and information: Click HERE

REGULATORY REFORM

HB 207: Committee Chairmen
This bill requires that when any legislation would increase or start occupational regulation through the Department of Professional and Occupational Regulation (DPOR)  that the chairman of the committee having jurisdiction over the bill send it to DPOR for evaluation.  

  • Bill status: Passed the House, sent to Senate Rules Committee
  • Bill text, history, and information: Click HERE

HB 244: Red Tape Reduction Act
This bill institutes a beneficial Regulatory Reduction Program, designed to inhibit the growth of executive agencies and create a system of target goals for them to reduce regulations and provide regular reports on their progress. 

  • Bill status: Passed the House: 63 yes votes and 36 no votes, sent to the Senate General Laws and Technology Committee
  • Bill text, history, and information: Click HERE
  • Additional link: Video on the issue

SECOND AMENDMENT 

HB 827: Localities’ Authority to Restrict Carrying
This bill would remove localities’ authority to prohibit guns in government buildings and public parks and buildings. Sixteen localities currently have such laws, which leaves individuals carrying a gun vulnerable to unintentionally violating the law as they travel across the Commonwealth. 

  • Bill status: Passed the House, sent to the Senate Committee on the Judiciary 
  • Bill text, history, and information: Click HERE

LEGISLATIVE GRAVEYARD 2022

HB 71 & SB 45: Campaign Contributions by Public Utilities
Both pieces of legislation, if adopted, would add protection from bias to elections and protect from corruption in the marketplace by prohibiting public utility entities from making financial contributions to candidates campaigning for political office.

  • HB 71 bill status: Failed in the House Privileges and Elections Subcommittee #2
  • HB 71 bill text, history, and info: Click HERE
  • SB 45 bill status: Failed in Senate Privileges and Elections Committee
  • SB 45 bill text, history, and info: Click HERE

HB 529: Misclassification of Workers
This bill proposed to provide an independent contractor with legal protection to explicitly self-identify as a contractor and prevent forced classification as an employee.

  • Bill status: Continued to 2023 in the House Commerce and Energy Subcommittee #1
  • Bill text, history, and info: Click HERE

HB 553: Opportunity Classroom
This bill opens the door for Virginia students to get a head start in a career by granting teachers the authority to enter into an agreement with a school board to teach a curriculum on required subjects through an industry specific lens in a designated school classroom. 

  • Bill status: Laid on the table in House Education Subcommittee on Early Childhood/Innovation
  • Bill text, history, and info: Click HERE

SB 390: Election Audit Process
This bill addresses the need to ensure that all voting machines in the state are functioning correctly, by establishing an audit process that would check every machine once every 5 years.

  • Bill status: Failed in Senate Privileges and Elections Committee
  • Bill text, history, and info: Click HERE

HB 208 & SB 712: Universal Sandbox Program
This bill facilitates a stronger free market and accelerated innovation by establishing the Virginia Regulatory Sandbox Program. Individuals who would like to participate in the program would apply, and once accepted would be granted a waiver from one or more state laws to make a desired product, use a desired production method, or provide a service. 

  • HB 208 bill status: Tabled in the House Appropriations Committee
  • HB 208 bill text, history, and info: Click HERE
  • SB 712 bill status: Continued to 2023 in Senate Finance and Appropriations Committee
  • SB 712 bill text, history, and info: Click HERE

SB 75: Right to Firearm at Government Locations
This bill is a repeal of the current prohibition to carry a firearm at or near the Virginia Capitol building and various other locations where government work takes place.  

  • Bill status: Failed in Senate Committee on Rules
  • Bill text, history, and info: Click HERE

HB 922: Financial Technology (FinTech) Sandbox Program
This legislation advances innovation in Virginia by creating the FinTech Regulatory Sandbox Program. Participants that have been accepted into the program may conduct testing of a financial product or service for 2-3 years without the normal licensure or authorization the state requires. 

  • Bill status: Failed by being stricken from the committee docket
  • Bill text, history, and info: Click HERE

HB 1025: Educational Savings Account
This bill champions parental choice in education by giving parents 90% of the state funds allotted for a public school student if the parents would like to pursue different education options. The money would be offered to parents through an Educational Savings Account system and is required to be spent on education related expenses. 

  • Bill status: Died because the bill did not receive a vote in the House Committee on Education before the 2/16 crossover deadline
  • Bill text, history, and information: Click HERE

HB 906: Inmate Sentences
This bill propose to make changes related to the sentences served by those convicted of crimes in the Commonwealth. The bill provides an opportunity for inmates who have served a certain amount of their sentence without incident to petition for a modification to the rest of their term in prison.

  • Bill status: Died because the bill did not receive a vote in the House Committee for Courts of Justice before the 2/16 crossover deadline
  • Bill text, history, and information: Click HERE
Legislative Update: 13 February 2022

This past week a few election integrity measures saw success — particularly HB205 to prohibit the private funding of elections that passed in the House, the Red Tape Reduction Act was advanced to the House floor, and the bill to allow Universities and Colleges to create K-12 schools was passed in committee. Additionally, Lt. Governor Sears broke a tie vote in the Senate for her first time, and in a remarkable showing of bi-partisan support, SB 739 passed the Senate with an amendment that would end mask mandates at school, if the bill is adopted.

EDUCATION

SB 598: Creation of College Partnership Laboratory Schools
This legislation would allow public or private institutions of higher education to establish a K-12 school called a laboratory school. The institution of higher education would submit an application to the state Board of Education to start a laboratory school. There is also a provision that allows an already existing school to be converted into a lab school.

  • Bill status: Passed Senate Education and Health and Finance and Appropriations Committees
  • Bill text, history and information: Click HERE

HB 1025: Educational Savings Account
This bill champions parental choice in education by giving parents 90% of the state funds allotted for a public school student if the parents would like to pursue different education options. The money would be offered to parents through an Educational Savings Account system and is required to be spent on education related expenses. 

  • Bill status: Referred to House Committee on Education
  • Bill text, history, and information: Click HERE

ELECTION INTEGRITY

HB 46: Voter Identification
This bill requires a voter to present an ID with a photograph at the polls in order to cast a ballot. If the voter does not present a photo ID, they can receive and vote a provisional ballot. The legislation also removes the option for a voter to sign a statement confirming their own identity as an alternative to providing an ID. Further, it removes the option to provide a utility bill or other document without a photograph to provide proof of identity. Lastly, it repeals the permanent absentee voter list. These are good policy measures and would create robust safeguards for election integrity in Virginia. 

  • Bill status: Passed House Committee
  • Bill text, history, and information: Click HERE

HB 185: Limited Same Day Registration

Adoption of this legislation would establish a good policy to prohibit same day voter registration, with only three exceptions. The three specified exceptions are: service members of the United States on active duty, individuals temporarily living outside of the country, and a spouse or dependent of one of the first two categories.

  • Bill status: Passed House Floor: 52 yes, 47 no
  • Bill text, history, and information: Click HERE 

HB 205 & SB 80: Election Financing
Both pieces of legislation would make it illegal for any elected state or local election official to accept money from any individual or entity except the government to fund an election in Virginia. This policy would be beneficial in preserving unbiased elections.

  • HB 205 status: Passed House Floor: 51 yes, 48 no
  • HB 205 bill text, history, and information: Click HERE
  • SB 80 status: Passed Senate Floor unanimously: 40 yes, 0 no
  • SB 80 bill text, history, and information: Click HERE

HB 544: Optional Restrictive ID
This bill would allow a voter to inform the state that they are personally opting into a photo ID requirement which would be enforced at the polls for that voter. This would prevent a person from showing up to the polls and falsely claiming they were that voter and casting a ballot. Although it doesn’t provide as much security as a full photo ID requirement for all voters, this measure would be a step towards increased election security. 

  • Bill status: Passed House floor: 51 yes, 49 no votes
  • Bill text, history, and information: Click HERE

EMINENT DOMAIN

SB 666: Citizen Protections Related to Eminent Domain
This bill revises the definitions of “lost access” and “lost profits,” related to eminent domain. This is a good policy that would increase protections to citizens who are affected by a public use project. 

  • Bill status: Read for the second time on the Senate Floor
  • Bill text, history, and information: Click HERE

SB 694: Update to Eminent Domain Code
This bill would continue to align the sections of the state code that cover eminent domain with language and intent of the 2012 Constitutional Amendment on the issue. 

  • Bill status: Passed the Senate Floor unanimously: 38 yes, 0 no
  • Bill text, history, and information: Click HERE

HEALTHCARE

HB 80: Healthcare Regulatory Sandbox
This legislation advances innovation in Virginia by creating the Healthcare Regulatory Sandbox Program for five years. Participants that have been accepted into the program may temporarily test a healthcare product or service for 2-3 years without the normal licensure or authorization the state requires. An annual report including information about the participants and effectiveness of the program will be prepared and given to the health related committee chairmen in the House and Senate each year. 

  • Bill status: Read for the second time on the House Floor
  • Bill text, history, and information: Click HERE

HB 81: State Telehealth Plan
This bill requires the Board of Health to use a private Virginia telehealth organization for general consultation and assistance with tracking implementation of the State Plan. This would contribute to the success of the State Telehealth Plan going forward. 

  • Bill status: Passed the House in a block vote  97-0, then assigned to Senate Education and Health Committee
  • Bill text, history, and information: Click HERE

HB 537: Exception for Telemedicine
This bill allows a licensed professional outside of the Commonwealth of Virginia to temporarily provide care to a patient located within the state through telemedicine under certain conditions. This is a good bill that increases access to medical care.

  • Bill status: Passed the House Floor, Referred to the Senate Education and Health Committee
  • Bill text, history, and information: Click HERE

JUSTICE SYSTEM

SB 378 & HB 906: Inmate Sentences
These bills propose to make changes related to the sentences served by those convicted of crimes in the Commonwealth. The bill provides an opportunity for inmates who have served a certain amount of their sentence without incident to petition for a modification to the rest of their term in prison.

  • SB 378 status: Passed Senate Judiciary and Finance and Appropriations Committee
  • SB 378 bill text, history, and information: Click HERE
  • HB 906 status: Referred to House Committee for Courts of Justice
  • HB 906 bill text, history, and information: Click HERE

REGULATORY REFORM

HB 207: Committee Chairmen
This bill requires that when any legislation would increase or start occupational regulation through the Department of Professional and Occupational Regulation (DPOR)  that the chairman of the committee having jurisdiction over the bill send it to (DPOR) for evaluation.  

  • Bill status: Passed the House floor: unanimous block vote – 99 yes and 0 no, referred to Senate Rules Committee
  • Bill text, history, and information: Click HERE

HB 244: Red Tape Reduction Act
This bill institutes a beneficial Regulatory Reduction Program, designed to inhibit the growth of executive agencies and create a system of target goals for them to reduce regulations and provide regular reports on their progress. 

SECOND AMENDMENT 

HB 827: Localities’ Authority to Restrict Carrying
This bill would remove localities’ authority to prohibit guns in government buildings and public parks and buildings. Sixteen localities currently have such laws, which leaves individuals carrying a gun vulnerable to unintentionally violating the law as they travel across the Commonwealth. 

  • Bill status: Passed House floor: 52 yes, 48 no
  • Bill text, history, and information: Click HERE

LEGISLATION GRAVEYARD 2022

HB 71 & SB 45: Campaign Contributions by Public Utilities
Both pieces of legislation, if adopted, would add protection from bias to elections and protect from corruption in the marketplace by prohibiting public utility entities from making financial contributions to candidates campaigning for political office.

  • HB 71 bill status: Failed in the House Privileges and Elections Subcommittee #2
  • HB 71 bill text, history, and info: Click HERE
  • SB 45 bill status: Failed in Senate Privileges and Elections Committee
  • SB 45 bill text, history, and info: Click HERE

HB 529: Misclassification of Workers
This bill proposed to provide an independent contractor with legal protection to explicitly self-identify as a contractor and prevent forced classification as an employee.

  • Bill status: Continued to 2023 in the House Commerce and Energy Subcommittee #1
  • Bill text, history, and info: Click HERE

HB 553: Opportunity Classroom
This bill opens the door for Virginia students to get a head start in a career by granting teachers the authority to enter into an agreement with a school board to teach a curriculum on required subjects through an industry specific lens in a designated school classroom. 

  • Bill status: Laid on the table in House Education Subcommittee on Early Childhood/Innovation
  • Bill text, history, and info: Click HERE

SB 390: Election Audit Process
This bill addresses the need to ensure that all voting machines in the state are functioning correctly, by establishing an audit process that would check every machine once every 5 years.

  • Bill status: Failed in Senate Privileges and Elections Committee
  • Bill text, history, and info: Click HERE

HB 208 & SB 712: Universal Sandbox Program
This bill facilitates a stronger free market and accelerated innovation by establishing the Virginia Regulatory Sandbox Program. Individuals who would like to participate in the program would apply, and once accepted would be granted a waiver from one or more state laws to make a desired product, use a desired production method, or provide a service. 

  • HB 208 bill status: Tabled in the House Appropriations Committee
  • HB 208 bill text, history, and info: Click HERE
  • SB 712 bill status: Continued to 2023 in Senate Finance and Appropriations Committee
  • SB 712 bill text, history, and info: Click HERE

SB 75: Right to Firearm at Government Locations
This bill is a repeal of the current prohibition to carry a firearm at or near the Virginia Capitol building and various other locations where government work takes place.  

  • Bill status: Failed in Senate Committee on Rules
  • Bill text, history, and info: Click HERE

HB 922: Financial Technology (FinTech) Sandbox Program
This legislation advances innovation in Virginia by creating the FinTech Regulatory Sandbox Program. Participants that have been accepted into the program may conduct testing of a financial product or service for 2-3 years without the normal licensure or authorization the state requires. 

  • Bill status: Failed by being stricken from the committee docket
  • Bill text, history, and info: Click HERE

About the author: Lindsey Zea is a Policy Analyst for Virginia Institute for Public Policy. She’s passionate about liberty and skilled in state and local public policy research, writing, coalition building, and drafting legislation. Lindsey has a Bachelor’s degree in History from Brigham Young University – Idaho and enjoys seeing current events and politics through the lens of the past and anticipating the future with a lens of hope.

Legislative Update: 6 February 2022

As a new tool our organization is providing, we hope that these weekly legislative updates will assist you in identifying the good policy ideas that are continuing to be brought forward by the Virginia General Assembly in this year’s legislative session. Unfortunately, the Legislative Information System (LIS) is having some technical difficulties; due to this issue, some of the links provided in the update may not function properly until those system issues are resolved.

This week in our Commonwealth’s capitol, we saw eminent domain bills come to a vote in Senate Judiciary Committee, gun rights legislation HB 827 pass on the House floor, the Red Tape Reduction Act will be headed to the Appropriations Committee after passing the Senate General Laws Subcommittee and the pro-innovation Universal Sandbox bill passed out of Senate General Laws and Technology Committee. 

EDUCATION

HB 1025: Educational Savings Account
This bill champions parental choice in education by giving parents 90% of the state funds allotted for a public school student if the parents would like to pursue different education options. The money would be offered to parents through an Educational Savings Account system and is required to be spent on education related expenses.

  • Bill status: Referred to House Committee on Education
  • Bill text, history, and info: Click HERE

ELECTION INTEGRITY

HB 46: Voter Identification
This bill requires a voter to present an ID with a photograph at the polls in order to cast a ballot. If the voter does not present a photo ID, they can receive and vote a provisional ballot. The legislation also removes the option for a voter to sign a statement confirming their own identity as an alternative to providing an ID. Further, it removes the option to provide a utility bill or other document without a photograph to provide proof of identity. Lastly, it repeals the permanent absentee voter list. These are good policy measures and would create robust safeguards for election integrity in Virginia. 

  • Bill status: Passed House Subcommittee on Privileges and Elections, re-referred to this Subcommittee for amendment
  • Bill text, history, and info: Click HERE

HB 187: Limited Same Day Registration
Adoption of this legislation would establish a good policy to prohibit same day voter registration, with only three exceptions. The three specified exceptions are: service members of the United States on active duty, individuals temporarily living outside of the country, and a spouse or dependent of one of the first two categories.

  • Bill status: Assigned to House Privileges and Elections Subcommittee #1
  • Bill text, history, and info: Click HERE 

HB 205 & SB 80: Election Financing
Both pieces of legislation would make it illegal for any elected state or local election official to accept money from any individual or entity except the government to fund an election in Virginia. This policy would be beneficial in preserving unbiased elections.

  • HB 205 bill status: Passed House Privileges and Elections Committee
  • HB 205 bill text, history, and info: Click HERE
  • SB 80 bill status: Passed the Senate unanimously
  • SB 80 bill text, history, and info: Click HERE

HB 305: Board of Elections and Department of Elections
This bill proposes to increase the number of members of the State Board of Elections from five to six, three members from each party. Currently, the Commissioner of Elections is appointed by the Governor, but if this bill is adopted the Commissioner would now be appointed by a supermajority of the State Board of Elections instead. The bill also includes provisions to improve accuracy of the voting roll, require voter ID, require election audits, better manage drop off locations, and more.

  • Bill status: Referred to House Committee on Privileges and Elections
  • Bill text, history, and info: Click HERE

HB 544: Optional Restrictive ID
This bill would allow a voter to inform the state that they are personally opting into a photo ID requirement which would be enforced at the polls for that voter. This would prevent a person from showing up to the polls and falsely claiming they were that voter and casting a ballot. Although it doesn’t provide as much security as a full photo ID requirement for all voters, this measure would be a step towards increased election security. 

  • Bill status: Passed House floor: 51 yes, 49 no votes
  • Bill text, history, and info: Click HERE

HB 1141: Eliminate Drop Boxes
This bill is a good policy that would still allow a voter to return their own ballot to their general registrar’s office while eliminating all drop off box locations, which arguably come with increased chances of ballot tampering. 

  • Bill status: Referred to House Privileges and Elections Subcommittee #1
  • Bill text, history, and info: Click HERE

SB 371: Board of Elections and Department of Elections
Like HB 305, this bill would increase the number of members of the State Board of Elections and move the responsibility to appoint the Commissioner of Elections to the State Board of Elections. This bill originally increased the number of board members from five to eight, four from each party (HB305 proposes 6 total, 3 from each party). However, this bill was amended to establish an uneven number of board members; with the amendment, the bill now proposes a board composed of 7 total board members, 4 from the party of the Governor. Although similar to HB 305, this policy is less favorable when compared to HB305 because a board composed of equal representation from each party would prevent the dramatic changes that occur each time the Virginia Governor’s office changes political party. 

  • Bill status: Passed Senate Committee on Privileges and Elections with substitute, expected to be up for a Senate floor vote next week
  • Bill text, history, and info: Click HERE

SB 652: Absentee Ballot App, Social Security Number
This bill clarifies that an absentee ballot application that is missing the 4 last digits of a social security number can be rejected. It also adds the requirement to provide the last 4 SSN if you apply in person for an absentee ballot. 

  • Bill status: Passed Senate Committee on Privileges and Elections with substitute, expected to be up for a Senate floor vote next week
  • Bill text, history, and info: Click HERE

EMINENT DOMAIN

SB 666: Citizen Protections Related to Eminent Domain
This bill revises the definitions of “lost access” and “lost profits,” related to eminent domain. This is a good policy that would increase protections to citizens who are affected by a public use project. 

  • Bill status: Passed Senate Committee on the Judiciary with substitute, referred to Senate Finance and Appropriations Committee
  • Bill text, history, and info: Click HERE

SB 694: Update to Eminent Domain Code
This bill would continue to align the sections of the state code that cover eminent domain with language and intent of the 2012 Constitutional Amendment on the issue. 

  • Bill status: Passed Senate Committee on the Judiciary with substitute 
  • Bill text, history, and info: Click HERE

FREE MARKET ECONOMICS

HB 208 & SB 712: Universal Sandbox Program
This bill facilitates a stronger free market and accelerated innovation by establishing the Virginia Regulatory Sandbox Program. Individuals who would like to participate in the program would apply, and once accepted would be granted a waiver from one or more state laws to make a desired product, use a desired production method, or provide a service. 

  • HB 208 bill status: Passed House Committee on General Laws and assigned to Subcommittee #1, referred to House Appropriations Committee
  • HB 208 bill text, history, and info: Click HERE
  • SB 712 bill status: Passed Senate General Laws and Technology Committee
  • SB 712 bill text, history, and info: Click HERE

HEALTHCARE

HB 80: Healthcare Regulatory Sandbox
This legislation advances innovation in Virginia by creating the Healthcare Regulatory Sandbox Program for five years. Participants that have been accepted into the program may temporarily test a healthcare product or service for 2-3 years without the normal licensure or authorization the state requires. An annual report including information about the participants and effectiveness of the program will be prepared and given to the health related committee chairmen in the House and Senate each year. 

  • Bill status: Passed the House Health, Welfare, and Institutions Subcommittee #1, referred to Appropriations committee
  • Bill text, history, and info: Click HERE

HB 81: State Telehealth Plan
This bill requires the Board of Health to use a private Virginia telehealth organization for general consultation and assistance with tracking implementation of the State Plan. This would contribute to the success of the State Telehealth Plan going forward. 

  • Bill status: Passed House in block vote  97-0, then assigned to Senate Education and Health Committee
  • Bill text, history, and info: Click HERE

HB 537: Exception for Telemedicine
This bill allows a licensed professional outside of the Commonwealth of Virginia to temporarily provide care to a patient located within the state through telemedicine under certain conditions. This is a good bill that increases access to medical care.

  • Bill status: Passed the House Health, Welfare, and Institutions Subcommittee #1 with amendments
  • Bill text, history, and info: Click HERE

REGULATORY REFORM

HB 207: Committee Chairmen
This bill requires that when any legislation would increase or start occupational regulation through the Department of Professional and Occupational Regulation (DPOR)  that the chairman of the committee having jurisdiction over the bill send it to (DPOR) for evaluation.  

  • Bill status: Passed House Committee on Rules
  • Bill text, history, and info: Click HERE

HB 244: Red Tape Reduction Act
This bill institutes a beneficial Regulatory Reduction Program, designed to inhibit the growth of executive agencies and create a system of target goals for them to reduce regulations and provide regular reports on their progress. 

  • Bill status: Passed General Laws Subcommittee #1, referred to Committee on Appropriations
  • Bill text, history, and info: Click HERE
  • Additional link: Video on the issue

HB 922: Financial Technology (FinTech) Sandbox Program
This legislation advances innovation in Virginia by creating the FinTech Regulatory Sandbox Program. Participants that have been accepted into the program may conduct testing of a financial product or service for 2-3 years without the normal licensure or authorization the state requires. 

  • Bill status: Referred to House Committee on Commerce and Energy and assigned to Subcommittee #2
  • Bill text, history, and info: Click HERE

SECOND AMENDMENT 

HB 133: Guns at Preschools and Childcare Centers
This policy would increase public safety, allowing guns at preschools and childcare centers (currently, they’re not allowed there), specifically if the location is not a home of one of the children or the childcare provider. 

  • Bill status: Referred to House Committee on Rules
  • Bill text, history, and info: Click HERE

HB 827: Localities’ Authority to Restrict Carrying
This bill would remove localities’ authority to prohibit guns in government buildings and public parks and buildings. Sixteen localities currently have such laws, which leaves individuals carrying a gun vulnerable to unintentionally violating the law as they travel across the Commonwealth. 

  • Bill status: Passed House floor: 52 yes, 48 no votes. 
  • Bill text, history, and info: Click HERE

HB 1166: Right to Firearm at Government Locations
This bill is a repeal of the current prohibition to carry a firearm at or near the Virginia Capitol building and various other locations where government work takes place.  

  • Bill status: Referred to House Committee on Rules
  • Bill text, history, and info: Click HERE

Legislation Graveyard 2022

HB 71 & SB 45: Campaign Contributions by Public Utilities
Both pieces of legislation, if adopted, would add protection from bias to elections and protect from corruption in the marketplace by prohibiting public utility entities from making financial contributions to candidates campaigning for political office.

  • HB 71 bill status: Failed in the House Privileges and Elections Subcommittee #2
  • HB 71 bill text, history, and info: Click HERE
  • SB 45 bill status: Failed in Senate Privileges and Elections Committee
  • SB 45 bill text, history, and info: Click HERE

HB 529: Misclassification of Workers
This bill proposed to provide an independent contractor with legal protection to explicitly self-identify as a contractor and prevent forced classification as an employee.

  • Bill status: Continued to 2023 in the House Commerce and Energy Subcommittee #1
  • Bill text, history, and info: Click HERE

HB 553: Opportunity Classroom
This bill opens the door for Virginia students to get a head start in a career by granting teachers the authority to enter into an agreement with a school board to teach a curriculum on required subjects through an industry specific lens in a designated school classroom. 

  • Bill status: Laid on the table in House Education Subcommittee on Early Childhood/Innovation
  • Bill text, history, and info: Click HERE

SB 390: Election Audit Process
This bill addresses the need to ensure that all voting machines in the state are functioning correctly, by establishing an audit process that would check every machine once every 5 years.

  • Bill status: Failed in Senate Privileges and Elections Committee
  • Bill text, history, and info: Click HERE

About the author: Lindsey Zea is a Policy Analyst for Virginia Institute for Public Policy. She’s passionate about liberty and skilled in state and local public policy research, writing, coalition building, and drafting legislation. Lindsey has a Bachelor’s degree in History from Brigham Young University – Idaho and enjoys seeing current events and politics through the lens of the past and anticipating the future with a lens of hope.

Legislative Update: 30 January 2022

Last week in Richmond, the General Assembly continued to sift through legislation, with Delegates and Senators attempting to find (and convince their colleagues of) the best solutions to challenges facing the Commonwealth today. Election integrity legislation received a multitude of votes in House and Senate Committees and Subcommittees, a bill regarding the State Telehealth Plan passed the House unanimously, and a bill that removes local authority to prohibit guns in certain locations passed out of Committee and Subcommittee and is headed to the House floor for a vote next week.

EDUCATION

House Bill 553: Opportunity Classroom
This bill opens the door for Virginia students to get a head start in a career by granting teachers the authority to enter into an agreement with a school board to teach a curriculum on required subjects through an industry specific lens in a designated school classroom. 

  • Bill status: Referred to House Committee on Education
  • Bill text and info: Click HERE

House Bill 1025: Educational Savings Account
This bill champions parental choice in education by giving parents 90% of the state funds allotted for a public school student if the parents would like to pursue different education options. The money would be offered to parents through an Educational Savings Account system and is required to be spent on education related expenses.

  • Bill status: Referred to House Committee on Education
  • Bill text and info: Click HERE

ELECTIONS

House Bill 46: Voter Identification
This bill requires a voter to present an ID with a photograph at the polls in order to cast a ballot. If the voter does not present a photo ID, they can receive and vote a provisional ballot. The legislation also removes the option for a voter to sign a statement confirming their own identity as an alternative to providing an ID. Further, it removes the option to provide a utility bill or other document without a photograph to provide proof of identity. Lastly, it repeals the permanent absentee voter list. These are good policy measures and would create robust safeguards for election integrity in Virginia.

  • Bill status: Passed House Subcommittee on Privileges and Elections, re-referred to this Subcommittee for amendment
  • Bill text and info: Click HERE

House Bill 54: Sort and Report Absentee Ballots by Precinct
This legislation would require that officers of election sort Central Absentee Precinct (CAP) ballots by precinct after the ballots have been removed from the envelope. Further, the CAPP ballots would be reported by precinct. 

  • Bill status: Referred to House Committee on Privileges and Elections
  • Bill text and info: Click HERE

House Bill 71 & Senate Bill 45: Campaign Contributions by Public Utilities
Both pieces of legislation, if adopted, would add protection from bias to elections and protect from corruption in the marketplace by prohibiting public utility entities from making financial contributions to candidates campaigning for political office.

  • HB 71 bill status: Referred to House Committee on Privileges and Elections, assigned to Subcommittee #2
  • HB 71 bill text and info: Click HERE
  • SB 45 bill status: Referred to Senate Committee on Privileges and Elections
  • SB 45 bill text and info: Click HERE

House Bill 187: Limited Same Day Registration
Adoption of this legislation would establish a good policy to prohibit same day voter registration, with only three exceptions. The three specified exceptions are: service members of the United States on active duty, individuals temporarily living outside of the country, and a spouse or dependent of one of the first two categories.

  • Bill status: Assigned to House Privileges and Elections Subcommittee #1
  • Bill text and info: Click HERE 

House Bill 205 & Senate Bill 80: Election Financing
Both pieces of legislation would make it illegal for any elected state or local election official to accept money from any individual or entity except the government to fund an election in Virginia. This policy would be beneficial in preserving unbiased elections.

  • HB 205 bill status: Passed House Privileges and Elections Subcommittee #2 – recommended with amendments, referred back to Subcommittee for further changes
  • HB 205 bill text and info: Click HERE
  • SB 80 bill status: Passed Senate Privileges and Elections Committee with substitute, will be voted on by the senate next.
  • SB 80 bill text and info: Click HERE

House Bill 305: Board of Elections and Department of Elections
This bill proposes to increase the number of members of the State Board of Elections from five to six, three members from each party. Currently, the Commissioner of Elections is appointed by the Governor, but if this bill is adopted the Commissioner would now be appointed by a supermajority of the State Board of Elections instead. The bill also includes provisions to improve accuracy of the voting roll, require voter ID, require election audits, better manage drop off locations, and more.

  • Bill status: Referred to House Committee on Privileges and Elections
  • Bill text and info: Click HERE

HB 544: Optional Restrictive ID
This bill would allow a voter to inform the state that they are personally opting into a photo ID requirement which would be enforced at the polls for that voter. This would prevent a person from showing up to the polls and falsely claiming they were that voter and casting a ballot. Although it doesn’t provide as much security as a full photo ID requirement for all voters, this measure would be a step towards increased election security.

  • Bill status: Passed House Privileges and Elections Subcommittee #1 and full Privileges and Elections Committee
  • Bill text and info: Click HERE

House Bill 1141: Eliminate Drop off Boxes
This bill is a good policy that would still allow a voter to return their own ballot to their general registrar’s office while eliminating all drop off box locations, which arguably come with increased chances of ballot tampering.

  • Bill status: Referred to House Committee on Privileges and Elections
  • Bill text and info: Click HERE

Senate Bill 318: Donor Disclosure Requirements
This bill proposes a requirement that an organization that engages in an independent expenditure that includes an advertisement for or against a candidate or for or against a referendum must disclose the organization’s top 3 donors on the ad. This requirement would apply if the ad was run 1-2 months before an election. This policy would be a step in the wrong direction, as it would violate the privacy of individuals who contribute to causes that are personal and expose them to risk of being targeted. The ambiguity of the bill could also be interpreted to apply to issue related communications that don’t expressly support or oppose a candidate. 

  • Bill status: Passed Senate Committee on Privileges and Elections, Passed the Senate 23-15
  • Bill text and info: Click HERE

Senate Bill 371: Board of Elections and Department of Elections
Like HB 305, this bill would increase the number of members of the State Board of Elections and move the responsibility to appoint the Commissioner of Elections to the State Board of Elections. This bill originally increased the number of board members from five to eight, four from each party (HB305 proposes 6 total, 3 from each party). However, this bill was amended to establish an uneven number of board members; with the amendment, the bill now proposes a board composed of 7 total board members, 4 from the party of the Governor. Although similar to HB 305, this policy is less favorable when compared to HB305 because a board composed of equal representation from each party would prevent the dramatic changes that occur each time the Virginia Governor’s office changes political party.

  • Bill status: Passed Senate Committee on Privileges and Elections with substitute, will be voted on by the Senate next
  • Bill text and info: Click HERE

Senate Bill 390: Election Audit Process
This bill addresses the need to ensure that all voting machines in the state are functioning correctly, by establishing an audit process that would check every machine once every 5 years.

  • Bill status: Referred to Senate Committee on Privileges and Elections
  • Bill text and info: Click HERE

Senate Bill 652: Absentee Ballot App, Social Security Number
This bill clarifies that an absentee ballot application that is missing the 4 last digits of a social security number can be rejected. It also adds the requirement to provide the last 4 SSN if you apply in person for an absentee ballot.

  • Bill status: Referred to Senate Committee on Privileges and Elections
  • Bill text: Click HERE

EMINENT DOMAIN

Senate Bill 666: Citizen Protections Related to Eminent Domain
This bill revises the definitions of “lost access” and “lost profits,” related to eminent domain. This is a good policy that would increase protections to citizens who are affected by a public use project.

  • Bill status: Assigned to Senate Judiciary Subcommittee on Civil Law 
  • Bill text and info: Click HERE

Senate Bill 694: Update to Eminent Domain Code
This bill would continue to align the sections of the state code that cover eminent domain with language and intent of the 2012 Constitutional Amendment on the issue.

  • Bill status: Assigned to Senate Judiciary Subcommittee on Civil Law 
  • Bill text and info: Click HERE

FREE MARKET ECONOMICS

House Bill 208: Universal Sandbox Program
This bill facilitates a stronger free market and accelerated innovation by establishing the Virginia Regulatory Sandbox Program. Individuals who would like to participate in the program would apply, and once accepted would be granted a waiver from one or more state laws to make a desired product, use a desired production method, or provide a service. 

  • Bill status: Referred to House Committee on General Laws and assigned to Subcommittee #1
  • Bill text and info: Click HERE

House Bill 529: Misclassification of Workers
This bill proposed to provide an independent contractor with legal protection to explicitly self-identify as a contractor and prevent forced classification as an employee.

  • Bill status: Referred to House Committee on Commerce and Energy and assigned to Subcommittee #1
  • Bill text and info: Click HERE

HEALTHCARE

House Bill 80: Healthcare Regulatory Sandbox
This legislation advances innovation in Virginia by creating the Healthcare Regulatory Sandbox Program for five years. Participants that have been accepted into the program may temporarily test a healthcare product or service for 2-3 years without the normal licensure or authorization the state requires. An annual report including information about the participants and effectiveness of the program will be prepared and given to the health related committee chairmen in the House and Senate each year.

  • Bill status: Referred to House Committee on Health, Welfare, and Institutions and assigned to Subcommittee #1
  • Bill text and info: Click HERE

House Bill 81: State Telehealth Plan
This bill requires the Board of Health to use a private Virginia telehealth organization for general consultation and assistance with tracking implementation of the State Plan. This would contribute to the success of the State Telehealth Plan going forward.

  • Bill status: Passed out of House Committee on Health, Welfare, and Institutions, Passed House in block vote  97-0.  
  • Bill text and info: Click HERE

House Bill 537: Exception for Telemedicine
This bill allows a licensed professional outside of the Commonwealth of Virginia to temporarily provide care to a patient located within the state through telemedicine under certain conditions. This is a good bill that increases access to medical care.

  • Bill status: Referred to House Committee on Health, Welfare, and Institutions and assigned to Subcommittee #1
  • Bill text and info: Click HERE

REGULATORY REFORM

House Bill 207: Committee Chairmen
This bill requires that when any legislation would increase or start occupational regulation through the Department of Professional and Occupational Regulation (DPOR)  that the chairman of the committee having jurisdiction over the bill send it to (DPOR) for evaluation.    

  • Bill status: Referred to House Committee on Rules
  • Bill text and info: Click HERE

House Bill 244: Red Tape Reduction Act
This bill institutes a beneficial Regulatory Reduction Program, designed to inhibit the growth of executive agencies and create a system of target goals for them to reduce regulations and provide regular reports on their progress.

  • Bill status: Referred to House Committee on General Laws and assigned to Subcommittee #1
  • Bill text and info: Click HERE
  • Additional link: Video on the issue

House Bill 922: Financial Technology (FinTech) Sandbox Program
This legislation advances innovation in Virginia by creating the FinTech Regulatory Sandbox Program. Participants that have been accepted into the program may conduct testing of a financial product or service for 2-3 years without the normal licensure or authorization the state requires.

  • Bill status: Referred to House Committee on Commerce and Energy and assigned to Subcommittee #2
  • Bill text and info: Click HERE

SECOND AMENDMENT 

House Bill 133: Guns at Preschools and Childcare Centers
This policy would increase public safety, allowing guns at preschools and childcare centers (currently, they’re not allowed there), specifically if the location is not a home of one of the children or the childcare provider.

  • Bill status: Referred to House Committee on Rules
  • Bill text and info: Click HERE

House Bill 827: Localities’ Authority to Restrict Carrying
This bill would remove localities’ authority to prohibit guns in government buildings and public parks and buildings. Sixteen localities currently have such laws, which leaves individuals carrying a gun vulnerable to unintentionally violating the law as they travel across the Commonwealth.

  • Bill status: Passed House Public Safety Subcommittee #1 and full Public Safety Committee 
  • Bill text and info: Click HERE

House Bill 1166: Right to Firearm at Government Locations
This bill is a repeal of the current prohibition to carry a firearm at or near the Virginia Capitol building and various other locations where government work takes place.

  • Bill status: Referred to House Committee on Rules
  • Bill text and info: Click HERE
Policy Analysis: McAuliffe’s Healthcare Plans (2021)

AN ANALYSIS OF McAULIFFE’S AFFORDABILITY PLAN

Most of the affordability concerns that McAuliffe’s Affordability Plan is attempting to address have been caused by the expansion of Medicaid. The expansion flooded Virginia’s healthcare market, already rife with rent seeking behaviors due to the Certificate of Public Need (COPN) program, with “cheap money” providing an opportunity for the medical apparatus to drive prices up (or to increase service utilization) and claim higher profits. The effect of COVID-19 on the medical infrastructure in the state was exacerbated by this reality, thus requiring Governor Northam to use executive actions to bypass much of the regulatory structure, allowing the market to catch-up with the spike in service demand caused by the pandemic.

Ultimately, McAuliffe’s Plan is an attempt to legislate and regulate Virginia’s way through the negative effects of past legislative and regulatory burden (i.e., pass Bill #1 and then pass more bills to fix the completely predictable effects of Bill #1).

STABILIZE THE MARKETPLACE AND LOWER PREMIUMS

Stand up Virginia’s state healthcare exchange.

McAuliffe’s Plan: “In 2020, Senator Jennifer McClellan successfully passed legislation to stand up a Virginia exchange, which is expected to be functional by 2023. The new platform will make health care more affordable in the Commonwealth, with health officials projecting that Virginia can operate the exchange at about half the cost of the federal government with the savings. These savings will support better outreach, increased enrollment, and lower costs to consumers. Standing up the exchange will also allow Virginia to collect the 3% fee that insurance companies pay to list plans, rather than passing those funds along to the federal government, and it will open up the opportunity to offer direct financial support to Virginians to purchase insurance through premium tax credits or subsidies. As governor, Terry will work with Senator McClellan and the Democratic majorities in the legislature to stand up the new exchange and lower health care costs for Virginians purchasing insurance on the new marketplace. Terry will also work to create standardization among plans on the exchange to protect consumers, target outreach and enrollment services, as well as work directly with insurers to make sure that plans meet the health care needs of all Virginians.”

This plank is interesting as it has already passed and been signed into law by Governor Northam (2020 Session – SB 732). McAuliffe is not saying anything of substance here. He plans to support the work of the Bureau of Insurance required by the new statute, which is the Governor’s most basic job.

Implement a state reinsurance program.

McAuliffe’s Plan: “During the 2021 General Assembly, the legislature took an important step toward creating a reinsurance program by passing enabling legislation. Now we must secure approval of a Section 1332 state innovation waiver under the ACA, which will allow us to access federal funds to support a reinsurance program. Reinsurance helps insurers offset some of the costs of covering enrollees with high medical expenses, which allows insurers to keep premiums lower for the rest of their enrollees. These programs have a proven track record of reducing premiums, increasing insurer participation in the marketplace or new exchange, and stabilizing the individual market. Every state that has implemented a waiver-funded individual market reinsurance program has seen lower premiums for those otherwise ineligible for subsidies as a result. Some states have experienced premium reductions of 30% or more that have continued year after year. If we are truly going to make healthcare more affordable for Virginians in need, we have to secure a 1332 waiver in Virginia. As our next governor, Terry will work with the Biden administration to get this done.”

Reinsurance is already perfectly legal and actively practiced in the state of Virginia (cf. VA Code, § 38.2-136). What it seems that McAuliffe would like to do differently is to have the State assume the risk associated with reinsurance. This, of course, could certainly help to drive insurers back into Virginia’s market and potentially decrease premiums in the short run. However, this also means that if a disease like COVID were to continue to produce variants, Virginia’s budget would be on the line in securing the liquidity of the exchange insurers. If, for some reason, the state suffered a considerable shortfall in revenues, an eventuality which becomes more probable as productivity continues to flag in the face of increasing inflation, this could also serve to destabilize Virginia’s health insurance industry.

The purpose of reinsurance is to make sure that every egg is in a different basket. McAuliffe’s reinsurance idea literally defies this purpose by creating a big (poorly woven) basket into which insurance companies will dump all their eggs. Given some of the other ideas within McAuliffe’s Healthcare Affordability and Accessibility Plans, introducing this level of risk into the state budget is highly ill-advised.

Create a Medicaid “buy-in” option on the exchange.

McAuliffe’s Plan: “Virginians who earn less than $17,775 or $30,305 for a family of three may qualify for Medicaid, but those who make just over that threshold often have trouble paying for out-of-pocket costs such as deductibles and coinsurance, even with federal subsidies to help offset the cost of their premiums. As governor, Terry will leverage Virginia’s Medicaid program infrastructure and purchasing power to create a Medicaid-like plan that would be available on the new state-based exchange for those who do not qualify for Medicaid but are having trouble paying for coverage, and he will also consider opportunities to cap provider payments to further protect consumers. The buy-in option will help further stabilize the insurance market and expand coverage by offering an affordable insurance plan to many more Virginians.”

While this is actually a pretty innovative idea, there’s one significant problem. The people most likely to choose the Medicaid buy-in are, statistically speaking, the healthiest people in society – i.e., singles and married couples with children, ages 25 to 35. Private insurers will lose many of those consumers who provide financial cross-coverage for the older and sicker portion of the population. If we include the above State Reinsurance Program to the mix, the risk to Virginia’s budget, or, what would more likely be the case, the risk of considerable financial damage to the private insurance market becomes more of a concern.

Even without the State Reinsurance Program, health insurance premiums will increase for those who can least afford them. Insurance companies rely on the premiums paid by younger and healthier individuals and families to subsidize the care costs of those who are older or dealing with one or more chronic conditions.

Make current telehealth flexibilities permanent.

McAuliffe’s Plan: “The COVID-19 pandemic has illuminated the many benefits of telemedicine in providing care when individuals might not have the opportunity to visit their provider in person. Telehealth visits cost on average only $79 compared to an in-person average of $146 per visit, making them a more affordable option for seeking treatment. Virginia has already made some temporary telehealth measures permanent this year, including expanding Medicaid coverage of telemedicine to include remote monitoring of high-risk patients. As governor, Terry will leverage the flexibility provided by the federal government to maximize opportunities for virtual care, and work with Senators Mark Warner and Tim Kaine on their efforts to pass the CONNECT for Health Act and permanently open up telemedicine options currently allowed under a temporary public health emergency — securing access to this life-saving innovation for all Virginia residents and health care providers. He will also work to drastically expand broadband and technology literacy, making sure that new options are accessible to all Virginians, including in rural areas where telehealth has been shown to vastly improve health outcomes.”

We are completely on board with the idea of codifying current telehealth flexibilities and expanding them to allow more out-of-state healthcare professionals to practice within the state. There are some concerns with the CONNECT for Health Act at the federal level, but a lot can be done to formalize these flexibilities at the state level.

Create an Office of Health Insurance Oversight at the SCC and add affordability criteria to rate review.

McAuliffe’s Plan: “From 2017-2020, Virginians purchasing insurance through the individual market saw a 17.8% increase in premiums, which was among the highest in the nation. The rising cost of health insurance is crippling for many Virginians who were already struggling to afford healthcare costs. Virginia’s families deserve protection from premium gouging and assurance that any rate increase is justified. This is especially critical as Virginia begins implementing a state-based health care exchange. The State Corporation Commission has been under-resourced for too long, preventing the agency from effectively serving as a watchdog for Virginia consumers. As governor, Terry will work to create an Office of Health Insurance Oversight, solely focused on improving the quality and affordability of health coverage in Virginia. It will act as a permanently convened health spending oversight entity, with the first task of incorporating new affordability criteria into insurance rate reviews. Terry will ensure that insurance plans sold in Virginia reflect industry best practices to improve the health of Virginians while constraining rising health care costs.”

This plank is incredibly vague. What McAuliffe’s Plan seems to suggest is the creation of a regulatory body which will wield price fixing authority over insurance premium rates. If our assessment is correct, the number of problems that a new Office of Health Insurance Oversight would cause the already flagging capacity for economic calculation within the healthcare market is potentially astronomical. Price fixing never works, and always leads to massive issues within a market’s underlying supply and demand structure.

This idea is yet another misunderstanding of what prices are and what they reflect to both consumers and producers. It is policies like this that will drive away the competitors necessary to begin controlling costs. Affordability begins and ends with competition, not regulatory oversight.

Strengthen consumer protection.

McAuliffe’s Plan: “We must protect Virginians who seek out access to vital health care and become the target of illegal and unethical health care billing practices. The Commonwealth’s balance billing law, which went into effect this year, is an important step in that direction, protecting consumers against surprise out-of-network health care costs. Terry will ensure that all Virginians know their rights in case of wrongful billing and will work to strengthen protections against other predatory billing practices. In addition to predatory billing, consumers are also at risk of scammers who take advantage of increased health care enrollment to target Virginians, collecting personal information and charging unnecessary fees. Terry will work with the Attorney General and the Office of Consumer Protection Section to weed out these scams and improve public outreach about insurance enrollment. Terry will also coordinate with state and local law enforcement to identify these bad actors and take every step possible to protect Virginians so they can focus on what is most important — getting the care they need without worrying about the unexpected price tag.”

Protecting Virginians from scammers and the like is always an important endeavor, although there is likely very little the Governor and Attorney General can do from a legal standpoint. Unfortunately, the scammers who target Virginia’s vulnerable populations are often located in international call-centers, outside of the reach of state law enforcement capabilities. In terms of “predatory billing,” the solution McAuliffe’s plan offers is, again, already state law which any elected Governor or Attorney General, regardless of party affiliation, is obliged to enforce; doing so is the most basic requirement of the office.

What McAuliffe’s plan leaves out are any efforts to require medical facilities to publish their prices in much the same way that every other good or service is marketed across the world – before the consumer makes their purchase. Price transparency would go a long way to protecting the interests of consumers in Virginia’s healthcare market.

SUPPORT AND LOWER COST FOR OLDER ADULTS

Improve long-term health care and support aging Virginians.

McAuliffe’s Plan: “Older adults are at the greatest risk of developing chronic health conditions that require around-the-clock care, either in long-term healthcare facilities or by home care aides. This is becoming an increasingly serious issue in Virginia, as our elderly population is anticipated to nearly double in size between 2010 and 2030. Moreover, the pandemic has highlighted the need to better support older adults, caregivers and Virginia’s institutional long-term care infrastructure. The shocking reality is that 3.2 percent of total COVID-19 cases are found in nursing homes, yet they account for 32 percent of all COVID-related deaths in the entire Commonwealth. These facilities also continue to experience staffing shortages at alarming rates, making it difficult to ensure a consistent high quality of care. We have to do better for our most vulnerable community members. As governor, Terry will support efforts that allow older adults to age in place by expanding access to in-home care options and exploring opportunities to leverage Medicaid to further support caregivers. Additionally, he will partner with our community colleges to provide training for caregivers at no cost. Terry will also work to address employee retention by raising wages for home health care workers and ensuring access to paid sick and family medical leave.”

Nothing is offered by way of solving the supply issue related to long-term care facilities, which has been caused, almost entirely, by the COPN program.

The initial policy suggestion is to support in-home care options, which is a vague policy position to take. Since in-home care is already covered under Medicare, it is completely unclear what use Medicaid dollars could be to elderly Virginians. McAuliffe’s plan seems to suggest state Medicaid dollars would be used to subsidize wages and education for care-professionals, which is a completely inappropriate use of state money budgeted specifically for healthcare purposes.

The removal of restrictions on telehealth usage as well as the sunsetting of the COPN program in its entirety, including long-term care facilities, would go much farther to address this and other concerns within Virginia’s healthcare infrastructure.

Expand PACE centers to give more care options for older adults.

McAuliffe’s Plan: “Virginia’s Programs of All-Inclusive Care for the Elderly (PACE) give older adults the option to stay at home and receive comprehensive medical care, all covered under Medicaid and Medicare. These programs are a vital way to give seniors an affordable alternative to nursing home care, and are more flexible than other all-inclusive programs, with the ability to have in-home and out-of-home care. However, PACE services are only available to individuals in existing PACE service areas near centers, and programs are challenging to set up due a lack of qualified staff and the complexity of the programs for both health care providers and health plans. Terry is committed to overcoming the barriers to PACE access by creating incentives for practitioners to live and work in rural areas, which are underserved by PACE centers. He will also direct the Department of Medical Assistant Services to put out a Request for Applications, opening the door to new PACE centers serving more Virginians.”

Building support for rural healthcare, particularly for elderly patients, has been something that elected officials have tried and failed to accomplish for decades in Virginia. The reason these centers do not already exist is largely the COPN program as well as expensive regulatory regimes which continue to disincentivize the operation of PACE centers and rural long-term care centers. Without phasing out these burdens, McAuliffe’s “white toast, no butter” policy plan is bound to be just another failure. You cannot throw good money after bad and believe that it could possibly turn out any different than before.

HOLDING BIG PHARMA ACCOUNTABLE AND LOWER PRESCRIPTION DRUG COSTS

Create a Prescription Drug Accountability Division at the SCC.

McAuliffe’s Plan: “As the cost of prescription drugs continues to skyrocket, we must intervene and protect Virginians so they don’t have to choose between taking medically-necessary prescriptions or paying their basic living expenses. As governor, Terry will work with the legislature to create a Prescription Drug Affordability Division at the SCC that will be charged with monitoring prescription drug prices and serving as a watchdog for Virginia consumers. The SCC is well-equipped to take on this responsibility, as it already regulates the insurance industry and Pharmacy Benefit Managers (PBMs), the industry middlemen operating between insurance companies and pharmacies. When rising drug prices surpass certain thresholds, the SCC will step in to conduct an affordability review and require drug manufacturers to justify price increases. If an increase is determined to be excessive, the SCC could set an upper limit on how much state payers in Virginia would spend on that drug, which will reduce costs and ensure consumers can afford the drug. Under this framework, Terry will create long-needed regulatory infrastructure in the Commonwealth and protect consumers from predatory pricing.”

This plank creates a new regulatory body within the State Corporation Commission (SCC) charged solely with the fixing of pharmaceutical prices. Yet again, a willful failure to pay heed to economic realities. If prices are fixed, crucial supplies of life-saving medications will be reallocated to those places where prices are higher than the fixed rate. Virginia is surrounded by states who would benefit from any attempt by regulators to fix prices on pharmaceutical supplies, particularly in the case of healthcare emergencies like COVID-19.

There is certainly a massive problem with the prices of certain medications in the U.S., but the problem lies in the unhealthy relationship between what McAuliffe refers to as “Big Pharma” and the U.S. Food and Drug Administration (FDA), not with the prices themselves. Because McAuliffe’s plan does not address the root cause of the inflation, it will only serve to exacerbate problems of accessibility and affordability. Regardless of what regulators or the Office of the Governor demand, the price of unavailable medications is always infinity.

Pass a Prescription Drug Price Sunlight Law and finally open up the black box of prescription drug pricing.

McAuliffe’s Plan: “The prescription drug supply chain is incredibly complex and involves numerous middlemen. There are also countless confidential negotiations for rebates and discounts, making it hard to know what is actually driving drug prices higher. The lack of transparency makes it easy for these industries to operate in the shadows and profit off the backs of Virginia taxpayers and consumers. Terry will shine a light on this obscure system and require drug manufacturers, wholesalers, insurers, and PBMs to submit detailed cost and price information on high-cost drugs for Virginians, including the impact of drug costs on rising premiums. Terry will also ensure that these industries report information about certain increases in drug prices to the SCC and consumers in advance of the increase and provide justification for the increase. Virginians can rely on Terry to deliver transparency and fairness.”

The principle behind price transparency is something on which everyone can agree. How we get there and what we do with the information is another thing entirely. The prices of all medical goods and services must be easily accessible to patients, including pharmaceuticals; this is simply the right thing to do. Does price transparency require another regulatory body to accomplish? Probably not. Does price transparency require direct government oversight of every detail of a pharmacy’s fixed and variable costs and profit margins as well as that of each step along the supply chain, all to be formulated and recorded at the cost of each supplier?

Most certainly not. Neither does price transparency necessitate McAuliffe’s eventual goal of all this information gathering – price fixing.

Why not have Virginia take the lead and adopt and embrace medical price transparency?

Maximize Virginia’s ability to negotiate for the lowest drug prices possible.

McAuliffe’s Plan: “Currently, state agencies responsible for prescription drug coverage in the Commonwealth all negotiate the price of drugs independently. That means that the cost of state-purchased or reimbursed prescription drugs could vary significantly among employee health plans, state hospitals, correctional facilities, and others. Terry will pool Virginia’s purchasing power for these state payers so we can negotiate directly with drug companies, seek discounts and better bulk drug pricing for the Commonwealth. He will also direct the Medicaid program to seek additional discounts from drug companies by joining with other states in multi-state purchasing pools, negotiating higher rebates for drugs that surpass certain price limits, and creating value-based payment arrangements with individual manufacturers for specific drugs. Terry will explore every opportunity available to the Commonwealth to save money and protect consumers.”

Although this plank seems like a workable idea, what happens if centralized efforts to negotiate prices fail? Will price negotiations lead to repeated state-wide furloughs of pharmaceutical access for state employees and prisoners? The evaluation of the specific language of any legislation along these lines, along with its financial impact, will be necessary before making a final recommendation on this policy.

Implement a pharmacy benefit carve-out model for Virginia’s Medicaid program.

McAuliffe’s Plan: “The Virginia Department of Medical Assistance Services (DMAS) currently contracts with Managed Care Organizations (MCOs) to administer its Medicaid program, including the pharmacy benefit. Four states have implemented models that carve out the pharmacy benefit from the MCOs and enable the state Medicaid program to administer this benefit, and several other states are considering this option as well. In 2019, DMAS was directed to study the most cost-effective manner to deliver this benefit without jeopardizing clinical benefits. The DMAS study ultimately found that carving out the pharmacy benefit would not only result in a $32 million savings to the Commonwealth, but it would also provide the most transparency into this complex system. As governor, Terry will ensure that DMAS adopts and implements a carve-out model for its pharmacy benefit and redirects those savings into other critical services.”

The jury is still out on the value of carve-in versus carve-out pharmacy benefits within state run healthcare plans. One thing that is of concern is the insistence of McAuliffe’s plan that carve-out benefit plans save money, but this does not seem to be the consensus among researchers. Carve-outs are generally discussed in terms of risk management, while carve-ins are discussed in terms of cost savings. Again, it seems too early, relative to available data and research, to determine which of these options is a better choice.

Hold industry middlemen to a higher standard and make PBMs compete to bid down costs.

McAuliffe’s Plan: “In recent years the Virginia legislature has adopted several important initiatives, including: eliminating “gag orders” that prevent pharmacies from advising patients of true drug prices or cheaper alternative options; requiring licensure of PBMs; and prohibiting spread pricing that allows industries to profit without passing on savings to consumers. However, there is more work to be done to protect Virginia consumers from predatory practices. As governor, Terry will require PBMs to act as fiduciaries, ensuring that they are acting in the best interests of their clients and not their bottom lines. Too often, PBMs are incentivized to favor high-cost drugs due to rebates and other discounts, resulting in savings for insurers and high costs for consumers. This practice must end. Terry will also require PBMs to engage in a transparent, multi-round reverse auction bidding process where PBMs can review other bids and improve their offers throughout the process. This practice has led to decreased spending in other states; for example, one state is anticipating several billion in savings over a several-year period because of this reform. Additionally, Terry will ensure that all of these requirements become conditions of PBM licensure in Virginia, meaning that any PBM that fails to comply with these provisions could lose their licensure. It is past time for bold, aggressive action and Terry will deliver for Virginia consumers as governor.”

This is another plank specific to state employee and prison healthcare plans. There is only one state that has attempted this reform, New Jersey, which is projected to save the state health system a considerable amount of money. We are always happy to see elected officials and candidates recognize the need to save as much money as possible within the state-run health plans. As far as this particular idea is concerned, it is a very new policy innovation that will have to play out for several more years before we have the information necessary to determine whether or not it will work.

Other than cost savings, the question which remains to be answered is: what is the trade-off?

Penalize pharmaceutical companies for imposing excessive and unsupported price increases on Virginia consumers.

McAuliffe’s Plan: “While Virginians and Americans struggle to pay for their prescription medications, the pharmaceutical industry continues to increase drug prices, despite raking in nearly $12 trillion in revenues between 2000 and 2018. As governor, Terry will hold pharmaceutical companies accountable for unjustifiable price increases. The Institute for Clinical and Economic Review (ICER) conducts evidence-based reviews of prescription drug prices, labeling them as unsupported if they are not backed by clinical effectiveness, patient experiences, or similar evidence. Virginia will become one of the first states in the nation to adopt a bold policy to utilize ICER’s reviews and impose aggressive taxes on companies that dole out unsupported price increases on their drugs. If pharmaceutical companies want to raise their prices without cause, we will ensure they pay a substantial tax that can be reinvested to meet the healthcare needs of Virginians.”

This plank is another example of a fundamental misunderstanding of how pricing occurs, and how prices work. Prices of pharmaceutical medicines are not based on “clinical effectiveness, patient experiences, or similar evidence.” If this were the case, prices for drugs like Synthroid (a treatment for hypothyroidism) and Crestor (a medicine which lowers cholesterol and triglycerides in the blood) would be in the thousands of dollars per bottle. Prices occur within the context of supply and demand, not simply effectiveness and consumer experience.

As the late Dr. Steven Horwitz was known to drill into his students, “Prices are knowledge surrogates. This is the whole of economics.” There is a reason why the price of fast-acting insulin is so high, and it has far more to do with federally mandated price collusion than with the McAuliffe Plan’s unnuanced demonization of all pharmaceutical companies.

Create a Prescription Drug Affordability Commission.

McAuliffe’s Plan: “In addition to creating an accountability division within the SCC, Terry will immediately create a Prescription Drug Affordability Commission to begin exploring additional policy solutions to lower costs for consumers. While Terry works to build capacity within the SCC, this Commission will be able to dive right in and get to work. Terry will direct the Commission to develop short and long-term policy recommendations, including immediate solutions that can be implemented through executive action. The Commission will be tasked with exploring multi-state purchasing pools, bulk purchasing opportunities and additional transparency measures that are necessary to protect consumers. Leveraging every mechanism the Commonwealth has to rein in drug costs, Terry will be the ambitious leader Virginians need in Richmond.”

This plank seems more like a grab at executive power than anything else and is not inherently valuable in terms of developing and implementing sound healthcare policy solutions. Whatever workable solutions are going to be agreed upon should come through the General Assembly and not via the Governor’s office. “Immediate solutions that can be implemented through executive action” is a euphemistic way of saying “temporary efforts for the sake of political expediency and media bestowed glory.”

AN ANALYSIS OF McAULIFFE’S ACCESSIBILITY PLAN

A few notes which should be held to account regarding McAuliffe’s Accessibility Plan:

  • Several of the planks within the Accessibility Plan are simply mirrored from the Affordability Plan; in such places, the analysis will also be mirrored and marked (**).
  • For better or worse, it was a majority of legislators – both Republicans and Democrats – who were responsible for the passing of Medicaid expansion, in contrast to the Accessibility Plan’s opening lines.
  • “The overwhelming prevalence of job loss due to the pandemic” is a direct result of mandatory lockdowns which effectively began in late March of 2020 and continued, on and off, into 2021. There is little to no data which suggests lockdowns were remotely effective in addressing the spread of COVID-19. The economic loss which has been suffered by so many Virginians seems to have been exchanged for a little bit of nothing.
  • Although widespread access to healthcare is correctly seen as a moral imperative, it is neither a right nor a requirement of economic growth. Rather, high-quality healthcare is a feature of prosperity. To put this another way, prosperity necessarily precedes the benefits of prosperity.

Make Healthcare More Accessible and Affordable

** Implement a state reinsurance program.

McAuliffe’s Plan: “During the 2021 General Assembly, the legislature took an important step toward creating a reinsurance program by passing enabling legislation. Now we must secure approval of a Section 1332 state innovation waiver under the ACA, which will allow us to access federal funds to support a reinsurance program. Reinsurance helps insurers offset some of the costs of covering enrollees with high medical expenses, which allows insurers to keep premiums lower for the rest of their enrollees. These programs have a proven track record of reducing premiums, increasing insurer participation in the market, and stabilizing the individual market. Every state that has implemented a waiver-funded individual market reinsurance program has seen lower premiums for those ineligible for subsidies as a result. Some states have experienced premium reductions of 30% or more that have continued year after year. If we are truly going to make healthcare more affordable for Virginians in need, we have to secure a 1332 waiver in Virginia. As our next governor, Terry will work with the Biden administration to get this done.”

Reinsurance is already perfectly legal and actively practiced in the state of Virginia (cf. VA Code, § 38.2-136). What it seems that McAuliffe would like to do differently is to have the State assume the risk associated with reinsurance. Of course, it could certainly help to drive insurers back into Virginia’s market and potentially decrease premiums in the short run. However, if a disease like COVID were to continue to produce variants, Virginia’s budget would be on the line in securing the liquidity of the exchange insurers. If, for some reason, the state suffered a considerable shortfall in revenues, an eventuality which becomes more probable as productivity continues to flag in the face of increasing inflation, this could also serve to destabilize Virginia’s health insurance industry.

The purpose of reinsurance is to make sure that every egg is in a different basket. McAuliffe’s reinsurance idea literally defies this purpose by creating a big (poorly woven) basket into which insurance companies will dump all their eggs. Given some of the other ideas within McAuliffe’s Healthcare Affordability and Accessibility Plans, introducing this level of risk into the state budget is highly ill-advised.

Provide financial assistance to help Virginians afford health care premiums.

McAuliffe’s Plan: “A key benefit of standing up a state-based exchange is the ability to offer direct financial support to Virginians to purchase insurance through premium tax credits or subsidies. In fact, about 88% of Virginians who enrolled in a plan through the marketplace have received a tax credit to help pay their premium. Still, the rise in premiums, deductibles, and copays can make healthcare coverage feel out of reach, especially if families do not qualify for federal assistance. Individuals who make around $50,000 or $105,000 for a family of four, have historically not qualified for assistance, leaving them with minimal relief options if their employer does not offer affordable coverage. Virginians have struggled to afford coverage for long enough. President Biden has already begun to address this problem, and as governor, Terry will work with the Biden administration and the General Assembly to secure additional funds and expand access to critical subsidies.”

Health insurance premiums are already tax deductible for federal income taxes, as well as deductible from Virginia income taxes if the federal deduction has not already been taken. Furthermore, the federal government offers a graduated premium tax credit which increases as household income decreases. The federal government regularly overpays this tax credit, to the tune of tens of billions of dollars, due in large part to the relative complexity of the tax paperwork required. These tax benefits are already widely available to and widely taken advantage of by Virginians. It is unclear whether McAuliffe’s Plan hopes to simply claim the current reality as a win, or to heap more subsidies on top of what already amounts to considerable reimbursement for whatever portion of health insurance premiums are out-of-pocket expenses.

** Expand opportunities for telehealth and make current flexibilities permanent.

McAuliffe’s Plan: “The COVID-19 pandemic has illuminated the many benefits of telemedicine in providing care when individuals might not have the opportunity to visit their provider in person. Additionally, telehealth opportunities save both the patient and the provider time. In fact telemedicine saves patients over 100 minutes of time compared to an in person visit. This is especially critical for rural communities that are already more likely to face provider shortages, especially in specialty care, and transportation challenges. Telehealth has been shown to vastly improve outcomes for rural communities. As governor, Terry will work within the flexibility provided by the federal government to maximize virtual care options for those with Medicaid or state-regulated health insurance plans, eliminate unnecessary restrictions on practitioners, expand Virginians’ access to specialists, and leverage technology so that every Virginian can benefit from telehealth. He will also work to drastically expand broadband and technology literacy so that every community can not only access telehealth, but can effectively navigate the technology to take advantage of it.”

We are completely on board with the idea of codifying current telehealth flexibilities and expanding them to allow more out-of-state healthcare professionals to practice within the state. There are some concerns with the CONNECT for Health Act at the federal level, but a lot can be done to formalize these flexibilities at the state level.

** Create an Office of Health Insurance Oversight at the State Corporation Commission.

McAuliffe’s Plan: “From 2017-2020, Virginians purchasing insurance through the individual market saw a 17.8% increase in premiums, which were among the highest in the nation. The rising cost of health insurance is crippling for many Virginians who were already struggling to afford healthcare costs. Virginia’s families deserve protection from premium gouging and assurance that any rate increase is justified. This is especially critical as Virginia begins implementing a state-based health insurance exchange. The State Corporation Commission has been under-resourced for too long, preventing the agency from effectively serving as a watchdog for Virginia consumers. As governor, Terry will work to create an Office Health Insurance Oversight, solely focused on improving the quality and affordability of health insurance sold in Virginia. This will help ensure that plans sold on the state-based exchange reflect industry best practices to improve the health of Virginians while constraining rising health care costs.”

This plank is incredibly vague. What McAuliffe’s plan seems to suggest is the creation of a regulatory body which will wield price-fixing authority over insurance premium rates. If this is the case, the number of problems that this would cause the already flagging capacity for economic calculation within the healthcare market is astronomical. Price fixing never works, and always causes massive issues within a market’s underlying supply and demand structure.

This is yet another misunderstanding of what prices are and what they reflect to both consumers and producers. It is policies like this that will drive away the competitors necessary to begin controlling costs. Affordability begins and ends with competition, not regulatory oversight.

Improve health care access and outcomes for rural Virginians.

McAuliffe’s Plan: “Over one million Virginians live in a rural community, and for too long they have lacked access to basic health services and have experienced significant health disparities. Nationwide, people who live in rural communities are more likely to die prematurely from every one of the top leading causes of death in America.In Virginia, we know that rural communities do not have enough providers to meet the needs of their residents. This is especially true when it comes to dental care, as some rural communities in Virginia may have only one dentist per 5,000 residents, and no safety-net provider. Terry attended the Remote Area Medical clinic each year when he was governor, which provided free medical and dental clinics in southwest Virginia and saw firsthand that no Virginian should lack access to necessary care because of whether they live. As governor, Terry will partner with the Biden administration to expand access to coverage and care by increasing the availability of telehealth services, investing in Virginia’s federally qualified health centers (FQHC) that provide care to those most in need, expanding access to basic dental services in schools, improving access to transportation, ensuring medical students get the training they need to support rural populations and developing innovative regional solutions that get Virginians the care they need. He will also work to expand loan repayment programs for medical professionals who stay and work in a rural area.”

In February of 2012, an infant died in the LewisGale Medical Center in rural Salem, Virginia. The baby’s death was caused by a condition which would have been treatable at a hospital in Roanoke, about six miles away.

The reason LewisGale Medical Center was ill equipped to handle this procedure was because regulators in Richmond refused to allow the hospital to update its neo-natal care facilities including an ambulance specially equipped with medical bassinets for just such an emergency. The facility in rural Virginia had been trying to update its facilities for 2 years before this incident occurred. Unfortunately, LewisGale was made to wait and was ultimately denied the ability to do so. The program behind this failure of accessibility, and so many others, was the Certificate of Public Need (COPN) program. What’s worse, after the above incident, LewisGale once again applied for a certificate to update its neo-natal care facilities and was, once again, denied.

In order to address very real disparities between rural and urban health care capabilities, Virginia’s next Governor must start with the sunsetting and elimination of the COPN program in its entirety.

** Hold Big Pharma accountable to ensure affordable drug prices.

This plank of McAuliffe’s Accessibility Plan includes numerous ideas which are collectively referred to as Prescription for a Healthier Virginia. Each of these ideas have been handled individually in our Analysis of McAuliffe’s Affordability Plan.

** Improve long-term health care and support aging Virginians.

McAuliffe’s Plan: “Older adults are at the greatest risk of developing chronic health conditions that require around-the-clock care, either in long-term healthcare facilities or by home care aides. This is becoming an increasingly serious issue in Virginia, as our elderly population is anticipated to nearly double in size between 2010 and 2030. Moreover, the pandemic has highlighted the need to better support older adults, caregivers and Virginia’s institutional long-term care infrastructure. The shocking reality is that 3.2 percent of total COVID-19 cases are found in nursing homes, yet they result in 32 percent of deaths from the entire Commonwealth. These facilities also continue to experience staffing shortages at alarming rates, making it difficult to ensure the highest quality of care. We have to do better for our most vulnerable community members. As governor, Terry will support efforts that allow older adults to age in place by expanding access to in-home care options and exploring opportunities to leverage Medicaid to compensate caregivers that support their loved ones. Additionally, he will partner with our community colleges to provide training for caregivers at no cost. Terry will also work to address employee retention by raising wages for home health care workers and ensuring access to paid sick and family medical leave.”

Nothing is offered by way of solving the supply issue related to long-term care facilities, which has been caused, almost entirely, by the COPN program.

The initial policy suggestion is to support in-home care options, which is a vague policy position to take. Since in-home care is already covered under Medicare, it is completely unclear what use Medicaid dollars could be to elderly Virginians. McAuliffe’s plan seems to be suggesting that state Medicaid dollars would be used to subsidize wages and education for care-professionals, which is a completely inappropriate use of state money budgeted specifically for healthcare purposes.

The removal of restrictions on telehealth usage as well as the sunsetting of the Certificate of Public Need (COPN) program in its entirety, including long-term care facilities, would go much farther to address this and many other concerns within Virginia’s healthcare infrastructure.

Enhance and Strengthen Virginia Medicaid

Streamline and modernize Medicaid enrollment.

McAuliffe’s Plan: “In light of the pandemic, it is more important than ever for eligible Virginia families who are uninsured to be able to enroll in Medicaid quickly and easily. Previously, Virginians have struggled with complex, paper-based applications, bureaucratic processes, language barriers, and notoriously long wait times to enroll in Medicaid. In fact, 30 states outrank Virginia in Medicaid application processing times, and we rank 30th overall in eligibility and enrollment. This is unacceptable. Applicants with serious health conditions should not have to be left waiting and wondering whether they will be able to get the care they need. As governor, Terry will dramatically shorten wait times for Virginians who are awaiting a determination as to whether they qualify or not. Terry will also modernize the Medicaid enrollment process, minimize paperwork by automating more processes, simplify the rules for eligibility, and leverage an individual’s eligibility or enrollment in other benefits like SNAP to enroll them into Medicaid.”

McAuliffe’s Plan seems to suggest that its incredibly difficult to sign up for Medicaid. Let us help (as posted on https://www.dmas.virginia.gov/for-applicants/applying-for-medicaid/):

Virginia Medicaid accepts applications for health coverage year-round. You can choose from three different ways to apply:

  1. Apply online at commonhelp.virginia.gov
  2. Call the Cover Virginia Call Center at 1-855-242-8282 (TDD: 1-888-221-1590) to apply on the phone Mon – Fri: 8:00 a.m. to 7:00 p.m. and Sat: 9:00 a.m. to 12:00 p.m.
  3. Mail or drop off a paper application (available in Englishand Spanish) to your local Department of Social Services (mailing may take longer than other methods of applying). Find your nearest local Department of Social Services.

Visit CoverVa.org for more information: 

Additionally, there are no hospitals in Virginia that require patients with serious health conditions, or even mild health conditions, to wait while their Medicaid eligibility and enrollment is processed before receiving care, particularly as hospitals can be reimbursed based on “presumptive eligibility” for those patients that are likely to qualify for Medicaid.

Improve outreach to Medicaid eligible individuals.

McAuliffe’s Plan: “Access to affordable coverage has always been critical to ensuring the health of Virginians, and it has become even more important during the COVID-19 pandemic. Many Virginians have lost their jobs and subsequently, their health insurance. As Governor, Terry will mobilize additional resources to reach as many Virginians as possible who might be eligible for Medicaid and encourage them to enroll in coverage. Targeted outreach to Latinx communities and families with children will be a top priority of Terry’s to counteract the Trump Administration’s harmful anti-immigrant rhetoric and policies over the last several years. Terry will also focus on culturally competent outreach that builds trust and ensures community members are engaged in their own language. No Virginian who is eligible for coverage should have to go without coverage simply because they aren’t aware of the resources available to them.”

One of the major concerns relating to healthcare supply in Virginia is the overuse of emergency rooms for concerns which are not considered emergencies. Regardless, any use of the emergency room provides an opportunity for the uninformed to learn about their eligibility for Medicaid, as most major hospitals in the state will both introduce and help an individual to join the program. This plank seems more of a solution in search of a problem.

** Create a Medicaid “buy-in” option on the exchange.

McAuliffe’s Plan: “Virginians who earn less than $17,775 or $30,305 for a family of three may qualify for Medicaid, but those who make just over that threshold often have trouble paying for out-of-pocket costs such as deductibles and coinsurance, even with federal subsidies to help offset the cost of their premiums. As governor, Terry will leverage Virginia’s Medicaid program infrastructure and purchasing power to create a Medicaid-like plan that would be available on the new state-based exchange for those who do not qualify for Medicaid but are having trouble paying for coverage. This option will help further stabilize the insurance market and expand coverage by offering an affordable insurance plan to those with low incomes.”

This is actually a pretty interesting concept coming from the McAuliffe team. There’s only one significant problem. The people most likely to choose the Medicaid buy-in are, statistically speaking, the healthiest people in society – i.e., singles and married couples with children, ages 25 to 35. Private insurers will lose many of those consumers who provide financial cross-coverage for the older and sicker portion of the population. If we include the above State Reinsurance Program to the mix, this considerably drives the risk of collapsing Virginia’s budget, or, what would more likely be the case, considerable financial damage to the private insurance market in the state.

Even without the State Reinsurance Program, this concept will drive up health insurance premiums for those who can least afford them. Insurance companies rely on the premiums paid by younger and healthier individuals and families in order to subsidize the care costs of those who are older and those dealing with one or more chronic conditions.

Promote Health Equity and Eliminate Racial Health Inequities.

Address maternal mortality for Black women.

McAuliffe’s Plan: “Virginians who earn less than $17,775 or $30,305 for a family of three may qualify for Medicaid, but those who make just over that threshold often have trouble paying for out-of-pocket costs such as deductibles and coinsurance, even with federal subsidies to help offset the cost of their premiums. As governor, Terry will leverage Virginia’s Medicaid program infrastructure and purchasing power to create a Medicaid-like plan that would be available on the new state-based exchange for those who do not qualify for Medicaid but are having trouble paying for coverage. This option will help further stabilize the insurance market and expand coverage by offering an affordable insurance plan to those with low incomes. suggests that the continued expansion of Medicaid is associated with lower rates of maternal mortality. This expanded coverage will include better maternity care, essential home visiting programs for new mothers that increase access to support and education, mandatory mental health screenings during and after pregnancy, and ensuring every woman has access to lactation support and counseling.”

In Virginia, the issue of maternal mortality among Black women and concerns over rural access to healthcare in the state are largely the same issue. Black communities in Virginia are located, by and large, in the low-density rural areas of the Tidewater, just south of Richmond, and along the middle coastline of the state. These areas are among the nearly half of Virginia communities which are considered “medical deserts” and have persistently maintained shortages of primary care and maternity care services. The single most significant cause of these deserts are regulatory regimes, like COPN, which disincentivize or outright prohibit the creation of new services within these areas.

The further expansion of Medicaid will do nothing to solve this problem any more than the last expansion of Medicaid or its initial creation in 1965. It is not the kind of problem that is solved by simply spending more money.

Require consistent, standardized reporting on health data by race and ethnicity.

McAuliffe’s Plan: “In order to eliminate health disparities, we need consistent, frequent reporting of health data by race and ethnicity, including by subpopulations. The COVID-19 pandemic revealed glaring gaps in racial health data collection in Virginia, especially in settings like nursing homes. Without collecting this data, it will be difficult, if not impossible, to uncover existing disparities, target resources appropriately, and measure progress against our goals to eliminate them. Terry will use this data to publish an annual Virginia Health Equity Scorecard, clearly reporting on priority health measures and disparities that the Commonwealth can track over time. Terry will also use this data to focus resources and attention on communities in Virginia with the greatest need and disparities.”

The data collection requirements suggested in this plank of the Accessibility Plan are already the law of the land (cf. Title 32.1, Chapters 7.1 and 7.2). The Board of Medicine and Virginia Center for Health Statistics are already providing data biennially, including data pertaining to race and ethnicity.

COVID-19 did not reveal “glaring gaps in racial health data collection in Virginia”, but rather caused glaring gaps in all health-related data collection in the Commonwealth. Nobody was ready for the whirlwind that was 2020. Hospitals, primary care doctors, urgent care facilities, and long-term care facilities all had difficulty maintaining data consistency amid the often-overwhelming demands of preparing for and handling COVID-19 patients, not to mention the normal flow of patients with non-COVID related ailments. The nation only found out in July of 2021 that the CDC 2019-nCoV RT-PCR Diagnostic Panel, which many hospitals had relied on to identify COVID-19 patients throughout the pandemic, was not able to consistently differentiate between COVID-19 and seasonal influenza viruses. This shortfall in data collection was not some massive policy failure, but rather was consistent with the challenge of handling a new, highly transmissible, and potentially deadly virus. In the same way, the work being done today by the Board of Health to correct recent failures in health-related data collection has not been caused by any failure to require standardization (as it is already a legal requirement), but was simply the strain of a pandemic on an unprepared system.

The above statement is neither a defense of the Board of Medicine nor the public or private healthcare apparatus in the state, but a call for the retention of reasonable expectations.

Expand and diversify the healthcare workforce.

McAuliffe’s Plan: “Eliminating health inequities will require an expansion and evolution of the current health care workforce in the Commonwealth and improving trust between health care professionals and Black and Brown communities. Historically racist and discriminatory practices have understandably led these communities to distrust health care professionals, which has further exacerbated disparities by preventing care-seeking behavior or compliance with care plans. One way to improve trust is to diversify our workforce. In Virginia, the number of Black and Latinx physicians in practice remains strikingly low, making up 19% and 9% of physicians in Virginia respectively. Virginia needs a broad array of health care workers who come from the communities they serve and as Governor, Terry will explore opportunities like loan repayment programs and the creation of new residency slots specifically for students in underrepresented health professions who commit to practicing in Virginia. Building a diverse and broad workforce of physicians, nurses, and allied health professionals is a critical step in Virginia being able to eliminate health inequities for good. Terry will also improve cultural competency and bias training for medical professionals.”

This plank of McAuliffe’s Accessibility Plan is simply a repackaging of affirmative action, but we will not rehash all the arguments related to this dated and ultimately ineffective policy. The issue here, once again, is not workforce diversity but regulatory regimes which have caused medical deserts to spread to nearly half of Virginia. Even if Black and Latino physicians made up 80% of the healthcare workforce in the state, this does not address the disincentivizing and prohibition of new primary care and ambulatory practices.

Address social factors that hinder good health for communities of color.

McAuliffe’s Plan: “Individual health is determined by more than one’s access to health care, and is heavily influenced by social factors like access to nutritious food, stable housing, a safe physical environment, and economic stability. Communities of color face barriers to good health in many of these dimensions. Far too many people of color experience poor health due to lack of access to healthy food options, safe and stable housing, and clean outdoor environments. As governor, Terry will work with the Biden administration to obtain a waiver from Centers for Medicare and Medicaid Services, allowing Virginia to invest more resources in addressing these social determinants of health in communities of color. Terry will leverage these funds as well as community partnerships to improve the health of these communities to ensure every Virginian has a shot at a healthy life.”

This plank is less about healthcare and more about all the social and economic factors facing minority communities around the state. McAuliffe’s Plan, once again, offers no realistic policy solutions other than to “leverage” Medicaid funding for non-medical uses. If Virginia wants to create solutions for these problems, why not try:

  • Eliminating zoning restrictions to allow the building of multi-family housing where it currently does not exist (i.e., rural areas where minority communities are concentrated).
  • Eliminate restrictions on farm to table services and other retail agriculture innovations local to these communities.
  • Focus law-enforcement presence in communities with the most need.
  • Allow education dollars to directly fund students instead of institutions thus allowing parents, regardless of their ethnicity, to find the best educational fit for their children.
  • Many other such policies which do not amount to opaquely “leveraging more resources” to maybe address these very real disparities among Virginia’s citizens.

Establish a statewide social determinants of health coordinator at the Virginia Department of Health.

McAuliffe’s Plan: “In December, Governor Northam directed $10 million in federal CARES funding to support the implementation of a statewide screening and referral system through Unite Us. This important investment will allow Virginia to truly move the needle on social determinants of health and better coordinate systems of care to provide for Virginians. Innovation is already occurring across the public and private sectors, but there are concrete steps the Commonwealth can take to accelerate progress and ensure more equitable outcomes. Terry will establish a statewide position under the Commissioner of Health dedicated to supporting social determinant screening and referral systems, including capacity building for community service providers and statewide data analysis to assess gaps in services and program effectiveness.”

This position effectively already exists within the Office of Family Health Services and the Office of Health Equity. There is such a thing as “too many cooks in the kitchen”, particularly when discussing effectiveness and efficiency of the public sector.

Provide all Virginia’s children a chance at good health.

McAuliffe’s Plan: “Terry has already committed to ensuring every child in Virginia has access to a world-class education, but to make the most of this opportunity, all children, regardless of their background, also need a healthy start in life. Sadly, health disparities among children of color persist across the healthcare spectrum including in mortality, care access and quality, and preventative care. Terry will work to eliminate these disparities with a holistic approach by addressing the risk factors and root causes of poor health and by expanding Virginia’s FAMIS program. No child should be at a greater risk of poor health because of the color of their skin, and Terry will ensure all children have every possible chance at a healthy life.”

This plank is a repetition of the issue concerning maternal mortality and the shortage of primary care and maternal care particular to Virginia’s black community. The problem is largely a rural/urban concern. Again, we must start by addressing programs like COPN in order to get a handle on the underlying cause of medical deserts in the state.

Protect Reproductive Freedom

Enshrine Roe v. Wade in Virginia’s constitution.

McAuliffe’s Plan: “For years, Republicans, including former President Donald Trump, have worked tirelessly to overturn and undermine the monumental and essential Roe v. Wade. The decision, which guarantees the right to a safe, legal abortion for every American, is supported by close to 80% of Americans. Now more than ever, we have to take every step possible to protect the freedoms provided by this landmark case, and that includes amending Virginia’s constitution to include these protections. As governor, Terry will work with the General Assembly to pass the necessary resolutions and obtain approval from Virginia voters to permanently enshrine Roe v. Wade in our constitution.”

This plank seriously overestimates support for abortion and seriously underestimates the general effectiveness of pro-life advocacy in the state of Virginia. The most this effort would be likely to achieve is to galvanize every social conservative in the Commonwealth to flood to the polls in the next state election, and little more.

Increase abortion access and coverage.

McAuliffe’s Plan: “While every Virginian is entitled to a safe, legal abortion, 93% of counties in Virginia have no clinics that provide abortion services, making it difficult or impossible for Virginians to access this medical service. As Virginia’s 72nd Governor, Terry was a brick wall against every attack attempted at a person’s right to make her own healthcare decisions, and he aggressively fought attempts that would further minimize a person’s ability to access care. Since then, Governor Northam and Virginia Democrats have worked to expand reproductive freedoms and protect the right to choose. As our next governor, Terry will continue to stand firm against any attack, and break down barriers so that every Virginian has access to the reproductive health care they need.”

The Democratic Party has held both chambers of the General Assembly and the Governor’s office for enough time to have already achieved this plank. However, there is no indication of an influx of abortion clinics, which seems to indicate that, even assuming the accuracy of McAuliffe’s support numbers, there simply may not be an abundance of demand for abortions in Virginia. As McAuliffe’s Plan states, “every Virginian is entitled to a safe, legal abortion”, so it is questionable in what ways the next Governor would be able to “expand reproductive freedoms”.

Ensure every Virginian has access to the contraceptives they need.

McAuliffe’s Plan: “Nearly all women will use contraception at some point during their lives, and two-thirds of women in America use some form of contraceptive on any given day whether for pregnancy prevention or treatment of a medical condition. Unfortunately, nearly half a million women in Virginia live in contraceptive deserts, which means they do not have access to a full range of contraceptive options or cannot simply go to an appointment to get the care they need. Making matters worse, pharmacies in Virginia are not required to fill or dispense prescribed contraceptives, which can further impede access. Terry believes that Virginians should be in charge of their own reproductive health decisions. As Virginia’s next governor, Terry will enable Virginians to receive contraceptive care via telehealth, ensure that state-regulated health plans are required to cover any FDA-approved form of contraception, including over-the-counter contraceptives, and join eight other states in requiring pharmacies to dispense them.”

Contraceptives are already readily available to everyone in the state, often at zero cost. For those contraceptive methods which are more “medically intensive”, we must return to the problem of medical deserts which has been discussed repeatedly in these analyses. Truly, removing regulatory impediments to the development of competitive medical options is the most significant stand our state legislators can take to solve problems of both accessibility and affordability.

Prohibit discrimination based on reproductive health decisions.

McAuliffe’s Plan: “Virginians should be entitled to make their own reproductive health care decisions, and our laws should ensure that no person is discriminated against because of these decisions. Nationwide, there are disturbing examples of employees being fired from their jobs or penalized for things like taking birth control, accessing fertility treatments, having sex or becoming pregnant outside of marriage, or having an abortion. And this happens here in Virginia too. In recent years, a Henrico County woman lost her job at a church daycare after getting pregnant without yet being married to her fiancé. No person should be penalized for exercising their reproductive freedoms, and national polling indicates that more than 80% of Americans agree. As our next governor, Terry will protect Virginians and ban discrimination based on reproductive health decisions.”

The question of religious freedom is one which has raised its head within the left/right divide quite often of late. This particular plank, however, demands that an individual not only renounce their right to act according to their own conscience but also cede their right to free association. It is not only a constitutional non-starter, but an ethical failure as well.

Modernize Virginia’s Public Health System

Ensure health departments are prepared for times of crisis.

McAuliffe’s Plan: “Virginia’s local and regional health departments continue to be under-funded, partly due to restrictive funding mechanisms that can prevent them from responding nimbly in an emergency. The COVID-19 pandemic has further highlighted the negative consequences of underinvestment in these agencies. Outside of a pandemic, our state and local health departments are working diligently behind the scenes to prevent public health emergencies, yet Virginia has lost over 52,000 state and local jobs since the start of the pandemic. As governor, Terry will work with the Biden Administration to draw down additional funds for Virginia’s health departments and will work with localities in allocating funds to specifically address emergency preparedness as well as racial health inequities. We must also ensure the structure of our local health departments is designed to best serve local communities and equitably meet their day-to-day needs. Preparing for the next emergency begins now, and as governor, Terry will also invest in recruitment, retention, and training of our public health workforce so that Virginians are receiving quality care regardless of their zip codes.”

Governor Northam, in 2021, has already reworked the Cooperative Health Budget which governs the state-local partnership funding local health departments. His plan rebalanced contributions based upon local financial realities post-COVID and has even included an additional $10 million dollars and temporary forgiveness for those localities which need to provide more funding to meet their obligations. This comment is not meant as an endorsement of the current Governor’s budgetary policy, but rather to question what more is necessary, according to McAuliffe’s Plan. It seems McAuliffe’s Plan is once again falling back on the aged political workhorse, “more money ought to fix it”.

Modernize the public health technology infrastructure.

McAuliffe’s Plan: “Outdated technology infrastructure and the lack of ability to exchange data — such as test results, hospital bed capacity, and staffing availability — in a timely manner can present challenges during normal times but can be debilitating during a pandemic or other health emergency. Governor Northam has shown strong leadership despite these challenges, and our next governor will have to continue his legacy and build upon it. As governor, Terry will invest in the needed infrastructure to create a 21st century public health system that can work seamlessly with the private sector in times of crisis as well as to improve the health of their communities. He will also mandate the standardized and consistent collection racial and ethnic health data needed to track our progress and focus our resources on eliminating inequities.”

As stated repeatedly in this analysis, the current regulatory governance in Virginia is the reason there are gaps in our healthcare infrastructure. Removing these barriers will allow for competitive opportunities to expand the supply of medical services. Competition between service suppliers will drive the market back into rural areas benefiting the entire state, particularly black and brown communities. As these markets expand, higher demand for necessary infrastructure will incentivize greater innovation and expand technological capabilities beyond what the Office of the Governor is capable of achieving.

The secret is not public policy here, it’s Virginians – it’s Virginian businesses, Virginian doctors, and Virginian patients each engaging the other in hopes of getting the best possible outcome for each.

Establish standing regional public-private coalitions.

McAuliffe’s Plan: “Private sector partnerships are essential to the public sector response during emergencies. These partnerships can open up critical resources, support communities in need and provide vital insights to inform our public sector response. Despite also being impacted by the pandemic, business, academic, nonprofit and faith-based organizations have shown resilience over the past year and continue to give back to those in need throughout their communities. We must continue to work closely and collaboratively with private sector partners. Terry will invigorate existing regional public-private coalitions and build new ones so that together, we can react swiftly and in a coordinated fashion for the next emergency.”

This plank of the McAuliffe’s Plan is great. It is always important for both sides of the public/private coin to know what to expect from the other side; it increases emergency response and overall administrative efficacy. Public-private coalitions have also been regularly utilized for a very long time and will continue to do so regardless of who is Governor.

Prioritize Care for Mental Health and Substance Use Disorders

Increase funding for the Virginia Mental Health Access Project (VMAP).

McAuliffe’s Plan: “Virginia has faced critical shortages in child psychologists and psychiatrists for many years, and that shortage has only been exacerbated by the effects of COVID-19 that are leaving more children in need of access to services. This is especially true for low-income and minority children. This program, established under Governor Northam, provides essential training to pediatricians and creates regional teams of mental health providers to serve our children. 47 It is critical that we expand this program to all regions of the state, and expand it to cover children under the age of five, postpartum women, and young adults up to age 26.”

This proposal is yet another opportunity to support the advancement of data proven, innovative approaches to a very real problem which has been utterly unaddressed. As effective as telehealth and telemedicine have been shown to be in traditional medical situations, particularly in the realm of diagnosis, remote patient monitoring, and long-term care of patients with one or more chronic conditions, behavioral telehealth has shown the greatest promise, by far.

Codifying the recent flexibilities allowing out-of-state behavioral specialists to give direct care to Virginians with behavioral health needs is the right answer to this problem. It’s important to note, this is an idea that McAuliffe and his team would almost certainly support, but there’s no need to pair it with yet another “more money ought to fix it” policy idea.

Allocate new funding for substance use disorder prevention, harm reduction and treatment.

McAuliffe’s Plan: “Virginia and states across the nation have been fighting the opioid and addiction epidemic for years, but psychostimulant deaths are on the rise and the COVID-19 pandemic has upended years of progress. People with substance use disorders have been at increased risk during this pandemic due to lack of treatment availability, economic strains and the impacts of isolation and social distancing. In fact, the Virginia Department of Health reported a 66% increase in overdose deaths in 2020, projecting it to be the worst year on record with more than 2,000 deaths. During his administration Terry championed efforts to address the opioid and addiction epidemic, creating the Governor’s Task Force on Prescription Drug and Heroin Abuse, declaring the opioid overdose epidemic a public health emergency, hosting a multi-state summit, adopting numerous bills to reduce over-prescribing and increase accountability, and securing millions in funding. As our next governor, Terry will continue to invest in new funding for prevention and treatment services, and he will fight to expand evidence-based comprehensive harm reduction strategies like syringe access programs and naloxone distribution. Terry will also break down barriers to employment and housing for people in recovery, ensuring that recovery-friendly services are prioritized.”

This plank is yet another “more money ought to fix it” policy idea. First, numerous gubernatorial administrations, including McAuliffe’s, have tried to get control of the abuse of the recreational drug du jour, and they have failed. It is without fear of hyperbole that we suggest that failure in the War on Drugs, particularly “more funding” solutions, is possibly the most consistent outcome of any public program or policy in American history. McAuliffe’s plan even admits as much, boasting about all the programs which the former Governor funded immediately after stating that the opioid epidemic is worse than ever. There is a lesson to be learned here regarding the sunk cost fallacy, or the tendency to continue engaging or investing in a behavior regardless of its outcome. Like the Concorde supersonic passenger airplane, the costly Drug War just seems to carry on for the sake of tradition rather than for the sake of those who desperately need help with addiction.

Leverage federal dollars to support permanent supportive housing.

McAuliffe’s Plan: “Having access to safe, stable housing is a fundamental need for every human being, and we know that securing and maintaining housing for individuals experiencing mental illness or a substance use disorder can be particularly challenging. In fact, studies demonstrate that 25% of people experiencing homelessness have a serious mental illness, and nearly half have any kind of mental illness. In addition to increasing access to affordable housing, we must invest in wraparound services that help vulnerable populations maintain stable housing. Permanent supportive housing is an evidence-based, cost-effective model that merges affordable housing with wraparound services to support people experiencing mental illness, substance use disorders, disabilities, and chronic illnesses. We know that Medicaid covers these wraparound services, so we must build on current efforts to draw down every federal dollar available to Virginia and provide this critical service during and after this pandemic.”

This plank is another “more money will fix it” policy solution. This program, however, is interesting in that it is a Section 8 style repackaging of the asylum programs of the 19th century. Decades of data would be necessary to determine, first, whether such an idea might cause more harm than good, and second, the plank’s cost effectiveness. Several similar communities focused largely on the treatment of addiction and youth mental illness already exist but allowing charities and service providers to partner to produce diversity of these care communities within the state might provide valuable insight into both treatment effectiveness and cost.

Focus mental health resources on early intervention, crisis prevention and supporting Virginians across the lifespan.

McAuliffe’s Plan: “For too many years, Virginia’s mental health system has been underfunded and our community members have paid the price. Under Terry’s leadership, Virginia adopted and began implementing STEP-VA, which is a comprehensive plan to reform our public mental health system and ensure quality, consistent care throughout the Commonwealth. Through STEP-VA, we have increased capacity within our Community Services Boards (CSBs) and ensured that every person has same-day access to being seen. However, Virginia still ranks 37th when it comes to access to care, meaning too many Virginians lack access to care and the services they need. That is shameful given that Virginia is the 9th wealthiest state in the nation. We must continue building upon the work that has been done to implement STEP-VA and the Behavioral Health Redesign to ensure that every Virginian has access to the care they need. That includes investing in prevention and early intervention services to provide care before a person begins experiencing a behavioral health crisis. We must also ensure that we are leveraging every federal dollar available to Virginia through Medicaid.”

At the risk of sounding repetitive: no, solving this problem does not “include investing” in programs that have not produced the desired results after years of funding, nor does it include “leveraging every federal dollar”. It is surprising how often McAuliffe’s Plans state that the solution is more money rather than seeking out what is causing healthcare problems in Virginia and seeking real solutions for those underlying concerns.

Virginia’s difficulty producing behavioral health facilities, once again, goes back to the requirements of Title 32.1, Chapter 4, Article 1.1 of the Code of Virginia, the Certificate of Public Need program. If facilities were allowed to be built and expanded, much of this problem would be solved.

THE VIRGINIA INSTITUTE’S POLICY RECOMMENDATIONS

The Virginia Institute for Public Policy’s recommendations will not be surprising to anyone who has read our preceding analysis, or truly to anyone who has been involved in Virginia’s healthcare policy over the last decade or more. As a state, we have repeatedly failed to address the underlying causes of worsening scarcity in the market for medical services and professionals. This failure has been largely at the behest of a constant call for more money; a call that Richmond has almost always happily answered. Yet, the concerns behind medical deserts, rising costs, and inequity in the market continue to grow. Despite a consistently increasing public outlay for healthcare in the Commonwealth, these problems are neither solved nor are they getting better. At some point, it becomes imperative that Virginia takes an appropriately nuanced and serious approach to healthcare policy.

1. The Certificate of Public Need program (Title 32.1, Chapter 4, Article 1.1) must come to an end in its entirety. There is an enormous amount of data from states which have long ended this program as to this policy’s efficacy and safety, despite longstanding claims to the contrary from those institutions which profit most from COPN’s continuation.

It is altogether reasonable to recognize the effects of confiscating monopoly status on some hospitals’ and long-term care facilities’ short-run financial stability. After all, there are some hospitals in the state that have built their entire business plan on the increased profit margins indirectly provided by the COPN program. As such, it is also reasonable to stagger the sunset of the program over a 5-year period, which is the standard length of time that the depreciation of newly acquired capital equipment, such as medical imaging machines, can be deducted in accordance with Section 179 of the Federal Internal Revenue Code. Doing so will allow current certificate holders already in the throes of equipment depreciation to recoup their capital expense before eliminating the program.

2. One of the places where we strongly agree with Terry McAuliffe’s healthcare plan is to make permanent the temporary regulatory flexibilities allowing telehealth and telemedicine technologies to be widely available during the pandemic. There is no reason to restrict this adaptable and innovative solution to supply concerns in the Commonwealth.

Of course, this technology will not replace in-person visits to hospitals or primary care physicians, but it can and will become an easy-to-use compliment to those important services. Telehealth is particularly important for those Virginians who suffer from one or more chronic illnesses, as the leveraging of telehealth has been shown to decrease the number of days that these patients spend in emergency rooms annually. Such a service equates to more time at home with friends and family for the sickest people in our communities.

3. Another opportunity to really address supply concerns in the state is to dramatically broaden the scope of practice of our nurses and midwives. These medical professionals are some of the most highly trained specialists in the country. Virginia’s nurses often carry educational merits equivalent to, if not surpassing, the engineers responsible for making sure Virginia’s bridges don’t collapse or the accountants responsible for making sure that the state budget does not collapse under its own weight.

Providing an opportunity for these amazing individuals to have full practice authority, i.e., being permitted to both practice and prescribe without physician oversight in the case of our most experienced nurses, would create opportunities to really address medical deserts in Virginia. Our cities and suburbs are oversaturated with physicians, but there is unmet demand throughout rural Virginia which could easily be addressed with a combination of telehealth and nurse practitioners practicing both primary care and specialized medicine.

4. The state of Virginia has a “licensure-by-endorsement” process which originated as an avenue for out-of-state practitioners to be quickly licensed in Virginia. This program should have been very useful for those medical professionals moving into our state as well as those who wished to provide telehealth and telemedical services to Virginians from their homes around the country. The licensure-by-endorsement program was a great idea, but in practice has been a regulatory millstone around the neck of provider growth.

Licensure-by-endorsement needs to be streamlined and the Board of Medicine must be provided with a “no-later-than” timeframe on licensing new medical professionals via this program. Updating this key program stands to open the door to an influx of professionals just as Virginia begins to loosen restrictions on telehealth and removes the burden of the COPN program.

With the right timeline and a little healthy competitive spirit, these policies could easily create an accessibility and affordability windfall for Virginians for years to come – and this without resorting to the old, tired political wheeze of “more money ought to fix it”.


2021.08.20-21 | Virginia Election Integrity Summit II

Why you should be at the Virginia Election Integrity Summit II!

If you think the infiltration of “Zuck Bucks” into Virginia’s registrar offices and our electoral process is bad, wait until you see what’s happening now! There are only two states with elections this year, and Virginia is one of them. If we don’t act now, and keep an ever watchful eye, Virginia will be the progressive left’s Guinea pig for election reform… moving us further from true election integrity.

Will you join us in our stand to restore trust and faith in Virginia’s elections? Join us in making it easy to vote, but hard to cheat. Join us for VFE’s Election Integrity Summit II on August 20-21 in Richmond.

Registration includes your meals with comments from these outstanding speakers:

  • Ken Cuccinelli | Chairman of the Election Integrity Transparency Initiative and former Attorney General for the Commonwealth of Virginia
  • Scott Walter | President of the Capital Research Center and former Special Assistant to the President for Domestic Policy

WORKSHOPS & TRAINING SESSIONS | Register HERE.

Election Integrity Training for Election Workers and Poll Watchers:  Virginians begin voting on September 17th. We need 15,000 slots filled for election workers and poll watchers.  You will learn Virginia’s election laws and procedures, what to look for, how to make sure the laws are followed, and how to get signed up to make sure the election this fall is fair and honest. Taught by:  Dr. Clara Belle Wheeler, Senior Fellow with the Virginia Institute for Public Policy and Virginia’s top expert on election statutes and procedures and Melody Clarke, Senior Regional Coordinator for Heritage Action.

Emergency Project to Document Potential Illegal Registrations:  There are literally thousands of voter registration confirmations being returned to the General Registrars offices.  We need volunteers to help document the returned envelopes and what the GRs are doing about those.  We must make sure that the voter rolls for this fall’s election are not populated with phantom or illegal registrations.  Taught by:  Aimee David, Senior Fellow with the Virginia Institute for Public Policy and J. Christian Adams, President and General Counsel of Public Interest Legal Foundation

Preparing for the Post Election, War Rooms, and Recounts:  It is crucial to an honest election that we are ready for the post-election, and know how to anticipate, document and plan for addressing significant problems once voting begins.  Taught by:   Lee Goodman, former Chairman of the Federal Election Commission and longtime VA attorney who has presided over several Virginia recounts and Brenda Hankins, a Partner at Dunlap Bennett & Ludwig, focusing her practice on Political and Election law.

Recruiting, Scheduling and Deploying Poll Observers:   The recruitment, scheduling and deployment of trained poll watchers is the key to honest elections in Virginia in 2021.  Learn how to do that in your own county and voting unit.  Taught by:  Melody Clarke, Senior Regional Coordinator for Heritage Action.

Researching How Your Local Election Office Conducts YOUR Elections:  There are many questions that have swirled around the voting systems and protocols of the 2020 election.   Citizens must be engaged and learn to be a regular presence at the election offices.  This session will provide training on the questions, the research, the information that citizens need to learn and find out about your local GR office, from voting systems, to vendors, to outside influences, to the FOIA laws to obtain information, and much more.   Taught by:  Cleta Mitchell, Esq., Senior Legal Fellow at Conservative Partnership Institute.

Vulnerable Voters Training:   Leftwing activists target the elderly, those in nursing homes, group homes, minority communities and homeless people to manipulate and unduly influence and, essentially, ‘steal’ their votes.  This session will outline how we can stop the left from preying on those voters who are most vulnerable.   Taught by:  Lori Roman, President and Tracey Miller, Vice President of American Constitutional Rights Union.   See www.ProtectVulnerableVoters.org  | www.ProtectElderlyVotes.org


SUMMIT SCHEDULE | Register HERE.

Friday, August 20

5:00 p.m. | Registration and check-in open.

6:00 p.m. | Reception

7:00 p.m. | Dinner

  • Welcome
    • Cleta Mitchell | Senior Legal Fellow, Conservative Partnership Institute
    • Lynn Taylor | President, Virginia Institute for Public Policy
  • Keynote Speaker
    • Ken Cuccinelli | Former Attorney General of Virginia, Chairman of the Election Transparency Initiative, SBA List & American Principles Project

Saturday, August 21

7:30 – 8:00 a.m. | Registration and check-in open.

8:00 – 8:45 a.m. | Breakfast (Ballroom)

  • Opening Remarks
    • Lynn Taylor | President, Virginia Institute for Public Policy
  • Overview of the 2021 Election Process and Why Citizens Must Engage
    • Cleta Mitchell | Senior Legal Fellow, Conservative Partnership Institute

9:00 – 10:15 a.m. | Morning Workshops

  • Election Integrity Training Part 1 (Salon C)
    • Dr. Clara Belle Wheeler | Senior Fellow, Virginia Institute for Public Policy
  • Recruiting, Scheduling, and Deploying Poll Observers (Salon B)
    • Melody Clarke | Senior Regional Coordinator, Heritage Action for America
  • Researching How Your Local Election Office Conducts YOUR Elections (Salon A)
    • Cleta Mitchell, Esq. | Senior Legal Fellow at Conservative Partnership Institute

10:00 – 12:00 noon | Midmorning Workshop

  • Preparing for Post-Election, War Rooms, and Recounts (Amethyst Room)
    • Lee Goodman | Former Chairman, Federal Election Commission, partner at Wiley Rein, election and political law
    • Brenda Hankins | Partner at Dunlap Bennett & Ludwig, election and political law.

10:30 – 11:45 a.m. | Morning Workshops

  • Election Integrity Training Part 2 (Salon C)
    • Dr. Clara Belle Wheeler | Senior Fellow, Virginia Institute for Public Policy
  • Emergency Project to Document Potential Illegal Registrations (Salon B)
    • Aimee David | Senior Fellow, Virginia Institute for Public Policy
    • Christian Adams | President & General Counsel, Public Interest Legal Foundation
  • Protecting Vulnerable Voters (Salon A)
    • Tracey Miller | Vice President, American Constitutional Rights Union

12:00 – 1:30 p.m. | Lunch (Ballroom)

  • How Zuckbucks and the Left Used Charitable Dollars to Influence the 2020 Election
    • Scott Walter | President, Capital Research Center

1:45 – 3:00 p.m. | Afternoon Workshops

  • Election Integrity Training Part 1 (Salon C)
    • Dr. Clara Belle Wheeler | Senior Fellow, Virginia Institute for Public Policy
  • Recruiting, Scheduling, and Deploying Poll Observers (Salon B)
    • Melody Clarke | Senior Regional Coordinator, Heritage Action for America
  • Researching How Your Local Election Office Conducts YOUR Elections (Salon A)
    • Cleta Mitchell, Esq. | Senior Legal Fellow, Conservative Partnership Institute

3:15 – 4:30 p.m. | Afternoon Workshops

  • Election Integrity Training Part 2 (Salon C)
    • Dr. Clara Belle Wheeler | Senior Fellow, Virginia Institute for Public Policy
  • Emergency Project to Document Potential Illegal Registrations (Salon B)
    • Aimee David | Senior Fellow, Virginia Institute for Public Policy
    • Christian Adams | President & General Counsel, Public Interest Legal Foundation
  • Protecting Vulnerable Voters (Salon A)
    • Tracey Miller | Vice President, American Constitutional Rights Union

4:45 p.m. | Closing Reception

  • Sponsored by FreedomWorks
  • Voting Rights Pledge

6:00 p.m. | Summit Concludes

*Note: Summit schedule is subject to change.


REGISTER HERE.

For summit related questions or concerns, please email [email protected] or call/text 540.245.1776.

To make reservations at the Hilton Downtown Richmond, please click HERE. **Please note that the room block has filled up and is no longer available. However, you may still contact the hotel directly to make a room reservation.


Election Integrity Summit II brought to you by:

Policy Primer: Telehealth (2021)

Click the image to view or download.

Summary

The most fundamental concern of modern healthcare is not reimbursement, but supply. Today’s healthcare market is crippled by government regulation and a command/control structure which slows the market’s natural tendency toward innovation, investment, and scale. Many of these concerns may not be addressed in our lifetime. However, we can start by controlling costs that focus on innovation, new delivery systems, licensing restrictions, and the decertification of state-sanctioned monopolies. By addressing supply concerns today, we can begin to develop opportunities for medical service providers to expand outside of the prevailing third-party insurance model, which has reigned for the last 80+ years.

Telehealth Initiative

“Despite per capita expenditures exceeding those of any other country, the U.S. healthcare system has problems with access, cost, and quality. These deficiencies have proven refractory despite the efforts of policy experts and politicians and the desires of an increasingly concerned public.”

This is the opening statement of a 2018 Mercatus working paper by Jeffrey Flier, Distinguished Service Professor at Harvard University, and Jared Rhoads, Research Project Manager for the Dartmouth Institute for Health Policy. Their sentiments echo problems that have been addressed repeatedly in the media, in academia, and in the household budgets of Americans for more than a decade. While the healthcare market seems ripe for innovation and growth, the shift has been slow, failing even to keep up with those advancements in technology and communications which might best serve patients and practices.

As many states have expanded Medicaid over the last decade, a significant question was never answered. How are patients and payors going to address the inevitable increase in the per-service cost of healthcare? For every dollar used for patient coverage under the Medicaid system, there is an increase in the demand for medical services. As demand increases alongside Medicaid spending, and supply remains unchanged, the per-service costs of healthcare necessarily increase for all payers, whether they be patients who pay cash, insurance companies who are renegotiating rates, or the states via Medicaid reimbursements. In other words, for every dollar spent in the Medicaid system, service costs will increase at some point in the supply chain – this is how economics works. It’s quite simply a question of supply and demand.

The supply of service providers, however, is not so easily addressed. The short/mid-run horizon of accessibility remains unyielding for two reasons. First, training new medical personnel is a costly and time-consuming activity. This is what economists refer to as “highly inelastic supply.” It is challenging for a medical service provider to simply expand operations like, say, a restaurant might do during the busy hours of the day. In effect, this inelastic supply of healthcare providers exacerbates the rising costs caused by the increase in demand. One solution for this problem is to employ those innovations, such as telehealth, which allow providers to increase their efficiency and decrease the time and opportunity cost of each service. To illustrate, remote patient monitoring technologies have been shown to decrease the intermittence of emergency department visits by patients with one or more chronic conditions. Remote patient monitoring allows providers to triage these particularly demanding cases without overwhelming emergency room staff and facility limitations.

Public policy is the second reason for a hesitant and unyielding supply curve. Often, legislative and regulatory restrictions hinder the healthcare market’s ability to innovate and build high-efficiency platforms which will positively affect the supply of service providers or make services more efficient to perform.

The outcome of the Virginia Institute’s Healthcare Freedom Initiative is ultimately to create an atmosphere where the per-service cost of healthcare can moderate over the short term. An appropriate state-level healthcare policy must necessarily focus on the realities of the supply of medical services to improve accessibility. For more than a decade, the conversation has centered on payment methodology – i.e., private health insurance, Medicaid/Medicare, single-payer, etc.  Health insurance, however, is correlative to neither healthcare nor health outcomes. Health insurance, healthcare, and health are three very different matters that need to be attended to as such. This initiative addresses outcomes related to the accessibility of healthcare directly. In following these policy recommendations, the state can better achieve its objective of improved societal health outcomes by strengthening relationships between doctors and their patients.

Telemedicine Deregulation 

For telemedicine to expand, three policy avenues require considerable improvement.

The first is the geographic limitations of medical licensure, which has a direct effect on the supply of professionals within a state. Every doctor who receives a degree from Johns Hopkins University or the University of West Virginia is qualified to be licensed in every state in the nation. In fact, licensure requirements vary only marginally from state to state. Telemedicine can provide an untapped supply of medical professionals, as well as a way for in-state practitioners to streamline their operations by utilizing telehealth as an innovative and agile triage for their patients. Inherent to telehealth is the distinct benefit of shrinking the world of medicine.

Secondly, the Commonwealth of Virginia currently mandates that private insurers reimburse telemedicine companies at parity with similar in-person services. This means that private insurance companies must pay the same rate for similar services regardless of whether they are offered in-person or via telecommunications technologies. These types of mandates prevent cost savings from being passed on to the consumer, in this case insurance companies; cost savings that may go a long way to developing the infrastructure necessary for telehealth services to develop into their fullest potential. Recent research performed by both the Rand Corporation, a nonprofit think tank, and Teledoc, a telehealth provider, found the per-service savings are often as high as 45 percent. Telemedicine’s ease of use does tend to increase service utilization over the short-term, which generally moderates to a 13 percent increase in service usage. This represents massive potential savings to healthcare consumers and payors, including the state.

Thirdly, during the COVID-19 pandemic, numerous temporary regulatory waivers have been granted, allowing the expansion of telehealth to meet both the increased demand for medical services as well as the need to maintain social distancing, particularly at the doctor’s office. These waivers were largely effective, but their temporary nature disincentivizes further investment into current and new technologies. The Virginia Institute for Public Policy supports a “fresh start” for COVID-19 related telehealth waivers, allowing many of these critical provisions to become permanent. As Virginia clarifies the stability of telehealth offerings within the medical service offerings in the Commonwealth, it will draw investment to develop these services as well as their necessary peripheries (broadband access, for instance).

Policy Recommendations

The key elements of the Virginia Institute for Public Policy’s Healthcare Initiative include:

  • The removal of restrictions on telemedicine services within Virginia’s healthcare markets, including geographic licensure barriers, and opening the language for Virginia’s regulatory and statutory codes in such a way as to allow the market to innovate as freely as possible in the future.
  • Address liability concerns in the case of telehealth facilitators providing consumers with appropriate recourse in those rare cases of medical malpractice.
  • Sunset Virginia’s Certificate of Need program, in its entirety, within three years to remove hindrances to the competitive development of medical service capacity.
  • Provide budget-neutral (or positive) tax incentives for healthcare businesses to enter and develop the telemedicine market in a competitive and consumer-focused atmosphere.

FAQs 

Q. How will the adoption of telemedicine affect Virginia’s budget?

A. There is a common misconception specific to healthcare that the more supply is available, the more demand there will be for medical services. This is, of course, irrational. Numerous studies have shown that, following the adoption of telehealth and telemedicine service modalities, the utilization rate increases approximately 13 percent, but the cost savings to payers is between 40 to 45 percent. Much of these savings occur within the realm of long-term care for those patients who have one or more chronic conditions. Not only does the use of telehealth and telemedicine eliminate unnecessary trips to the emergency department, but the efficacy of these services often decreases the morbidity rates for these patients.

To state this simply, the reimbursement of telehealth delivery modalities by Medicaid/Medicare will create a net-savings to Virginia’s healthcare budget.

Q. What is the difference between telehealth and telemedicine?

A. This question has very different answers depending on whom you ask. From a regulatory standpoint, telehealth is an umbrella term that includes any medical service offered via the medium of telecommunications technology. In contrast, telemedicine includes only those services that currently have an in-person counterpart – dermatological or behavioral health visits, for instance. Within the Code and regulatory language, both terms are essential to provide new space for innovation, which may develop as investment grows in the medical telecommunications markets.

Q. What is keeping telehealth from being used today? Can’t we just call our doctors and have a visit over the phone?

A. There are multiple concerns that keep us from simply engaging in telehealth with our doctors today. First, oftentimes third-party payors like insurance companies or Medicaid/Medicare refuse to reimburse for services offered via telehealth, despite these services usually being considerably less expensive. The solution to this problem is often patients communicating with their insurance companies to make it clear that telehealth service would make their lives easier and less costly. Secondly, and most concerning, health care legislation at the state and federal level is often written from the perspective that everything is illegal until sanctioned by the law. This is not only irresponsible but is also completely unreasonable in a free country. This rhetorical direction has been embedded in the law for well over fifty years and will take some time to unknot, but we must continuously work to “move the ball down the field,” so to speak. Opening legal avenues for innovations like telehealth and telemedicine gives us opportunities to begin to turn the tide against the use of command-and-control language in the Code. 

 

What is the Tuesday Morning Group?

The Tuesday Morning Group (TMG) coalition is a joint project of the Virginia Institute for Public Policy, a 501(c)3, and Tertium Quids, a 501(c)4.

Established by the late John Taylor, co-founder of the Virginia Institute for Public Policy, in December of 2001, the TMG coalition has proven a phenomenal success in Virginia.

Today, TMG is recognized as one of the largest state coalitions with over 1,000 activists representing more than 250 organizations.

The political leanings of the TMG coalition is about 70% conservative, 30% libertarian, and 100% free market. Guest speakers have included presidential candidates, governors, state legislators, and members of Congress, as well as nationally-recognized, issue-specific scholars and experts.

To get involved or for more information, please visit our Tuesday Morning Group page here.  You can also click here  to view or download our TMG Handout (2021).

“Will Virginia Reject American Federalism?”

By Michael C. Maibach

During the 1788 New York ratification convention, anti-federalists opposed the new Constitution “for lack of a Bill of Rights”.  Alexander Hamilton replied, “The Constitution is itself in every rational sense, and to every useful purpose, A BILL OF RIGHTS” (Federalist #84).  Indeed, it was written to safeguard liberty against the worst form of tyranny, the tyranny of the majority about which Plato, Aristotle, and Montesquieu warned, as did Tocqueville five decades later.

The American Left (no longer worthy of the term “liberal”) has always chaffed against the Founders’’ “checks and balances” within Madison’s “compound republic” (Federalist #51).   If the mission of the Left can be summarized, it is “Tear down every rafter in the Constitutional edifice until all the protections for minority rights and diversity of regions and political thought are gone.”

In 2006 wealthy Californians launched a cynical attempt to remove one of the load bearing pillars of our Constitution – the Electoral College – by way of a National Popular Vote Interstate Compact.  They aim to convince state legislatures to enact their Compact until states representing 270 Electoral College votes sign on, the number needed to elect a President.  Already 15 entirely “blue” states have enacted the Compact for a total of 196 Electoral votes.  Now those Californians have convinced Sen. Adam Ebbin (D) and Del. Mark Levine (D) to advance their model legislation in the January 2021 legislative session in Richmond.  There are five major reasons why this legislation must be defeated:

NPV COMPACT:  A CONSTITUTIONAL ASSAULT

The NPV Compact is a Constitutional assault on three fronts.  First, the State Compact Clause (Article I) reads “No state shall, without the consent of Congress, enter into any Compact with another state…”  The NPV cabal has not sought Congressional approval for their illicit state Compact.  Second, the NPV cabal has not attempted to use the Constitution’s amendment process to achieve their goal as they know 38 states will never agree to this radical change to how we elect our Presidents.  Third, the Framers considered three other ways to elect our President – election by Congress, by state governors, and by a national popular vote. All three were rejected for an Electoral College, what is today a Presidential election in each of our 50 states.  Once agreed in Philadelphia, 13 state ratifying conventions voted to adopt our Constitution as written, including an agreed amendment process.  The manner of electing our President was a keystone in the document’s architecture, one that must not be altered absent agreement with the requisite 38 states.  It was the states that created our Constitution, the Constitution did not create the states.

NPV COMPACT:  CONTRARY TO THEIR OATH’S “SACRED PROMISE”

The dictionary defines an oath as “A solemn promise, often invoking a divine witness, regarding one’s future actions or behavior.”  Members of the Virginia legislature and the Governor affirm this oath of office:  “I do solemnly swear I will support the Constitution of the United States, and the Constitution of the Commonwealth of Virginia… to the best of my ability, so help me God.”   The NPV Compact is an un-Constitutional state compact (its name alone confirms this), a cynical attempt to change the Constitution without the votes of 38 states.

Moreover, the Commonwealth Constitution provides that only Virginia residents are entitled to vote for Virginia’s elected officials.  Yet the NPV Compact would mandate turning the votes of Virginians over to the voters of other states to decide for whom Virginia’s 13 Presidential Electors will cast their votes!  Can Virginia legislators who support the NPV Compact legislation tell the citizens who elected them that they are living up to their oath of office?

NPV COMPACT:  AN AFFRONT TO THOSE THEY REPRESENT

A Virginia legislator or Governor who supports the NPV Compact defies the Constitution and offers a civic afront to the citizens of our state.  They are saying, “Regardless of how the majority of Virginians vote, I favor allowing citizens of larger states to decide how our Electors shall vote –  none of whom elected me, none of whom pay my salary, and to none of whom have I given an oath of office.”

NPV COMPACT:  ONLY NORTHERN VIRGINIA WILL MATTER

The population of “Northern Virginia” has exploded along with the US government and the high-tech industry.   Today NoVA accounts for 67% of the state’s population!   If the NPV Compact were in place, future Presidential candidates would only visit major metropolises like New York, Miami, Houston, Chicago, LA County… and the DC metro area.  Virginia legislators who favor the NPV Compact are saying to the rest of the state – “You will no longer matter.”  Will downstate legislators and the Governor support this unlawful Compact and then explain this additional affront to those who elected them and pay their salaries?

NPV COMPACT:  A FEDERAL GOVERNMENT TAKE-OVER OF PRESIDENTIAL ELECTIONS

In 2020 the vastly different and swiftly changing elections laws of our 50 states have whipsawed our national elections. Over 30 states require photo IDs to vote, the rest do not.  Until 2020 only seven state had 100% mail-in voting, now officials are finding boxes full of ballots all over the place and recounts abound!   With Covid we saw 44 states change their voting laws and systems, often without public hearings. We are now witnessing the bitter harvest of election dysfunctions.  Too many Americans today no longer feel that our elections are “fair and transparent”.  This is a real threat to our ability to govern ourselves with good will and a sense of democratic justice.

Along comes the NPV Compact to heap upon our civic environment even more disruption and cynicism.  It says, “regardless of how your state votes, those states with the most voters will forever rule this Nation.”  Nine US states are home to 50% of our citizens.  LA County has more people than 41 of our states!  The “national popular vote” scheme aims to turn farmers and rural Americans into modern day serfs, feeding the major cities who will forever rule them.  Gone will be the quaint Iowa Caucuses and New Hampshire Primaries.  Want to alienate Americans more than they are now in this republic?  Support the NPV Compact!  And with all of the differences among our 50 state voting systems, the NPV Compact will naturally lead to calls to “nationalize our election laws” by placing the US government in charge of the voting systems of our 50 states.  In turn, this will place a future American President in charge of their own re-election machinery.  Stunningly unwise!

Yes, the Left seeks to take down the US Constitution, pillar-by-pillar.  And they understand that taking down the Electoral College is actually the swiftest way to take down the entire Republic.

 

Michael C. Maibach is a Distinguished Fellow on American Federalism at Save Our States, Managing Director of the James Wilson Institute, and the first American to be elected to public office under the age of 21 in US history.  www.SaveOurStates.com

The Heritage Foundation: The Essential Electoral College E-Book

Original document posted with permission from The Heritage Foundation.

 

Documentary Rebuts Claim That the Electoral College is Racist

Original article posted with permission from Save Our States.

Staff – Sept 03, 2020

Critics of the Electoral College Paint a False Narrative for Partisan Purposes.

Today, Save Our States, a non-partisan nonprofit, responded to critics who allege the Electoral College is racist. In a soon to be released documentary, “Safeguard: An Electoral College Story,” the group shows that the Electoral College serves to protect and promote minority voices.

In the wake of George Floyd’s death, Americans have grappled with race relations. Many communities, especially big cities, have experienced unrest. Some activists and politicians are now arguing that the way we elect our president is a product of racism and hurts black voters.

Prominent civil rights leader Vernon Jordan, who as president of the National Urban League in the 1970s was a vocal defender of the Electoral College, argues this is untrue, “For blacks, abolition of the electoral college would severely limit our political leverage in national elections.”

This issue has come to the forefront as the presidential election approaches and with voters in Colorado about to vote on a “National Popular Vote” (NPV) ballot measure. This effort – openly described as an“end-around” of the Constitution is endorsed by Rep. Alexandria Ocasio-Cortez and funded by George Soros. NPV would essentially give away Colorado’s voice in presidential elections, as voters there would be drowned out by those in bigger states like California or New York.

In a compelling new documentarySave Our States shows the flaws of NPV and the need for the Electoral College. “Safeguard: An Electoral College Story” explains how the American Founders established the Electoral College as part of a system of checks and balances, allowing the people of each state to have a voice in presidential elections. “Safeguard: An Electoral College Story” – will be released nationally and internationally on September 8, 2020. The film will be made available on Amazon Prime (an audience of 120 million viewers), iTunes and other platforms. The film will be submitted to multiple film festivals.

“Attacking the Electoral College as racist makes for a good talking point, but bad history. The constitutional system has helped to moderate our politics, forcing political parties to reach out to new voters. Support for the Electoral College by figures like John F. Kennedy and Vernon Jordan remind us how the system has benefitted minority voters,” writes Trent England, Executive Director of Save Our States.

Trouble Brewing in the Housing Market?

Just this last week, a number of interesting news stories crossed my desk. Two in particular stood out – the Trump administration’s newest moratorium on evictions, and the Federal Reserve’s purchasing $1 trillion worth of mortgage bonds. Now, I don’t think there is any question as to why the feds have chosen this path; times are hard for some people and the feds don’t want them to get harder. The question is, what problem does this solve? The answer: it doesn’t solve any problems. As Thomas Sowell was quoted recently, “There are no solutions, there are only trade-offs; and you try to get the best trade-off you can get, that’s all you can hope for.”

The real question is, then, “what are the trade-offs for these policies?”

Well first, the administration’s moratorium certainly provides some much sought after breathing room for America’s renting population. The Aspen Institute estimates that between 30 and 40 million people are at risk of being evicted: that is quite the number. What happens, however, to the landlords when their troubled but legally protected tenants stop paying rent until the end of the year?

Consider the following: a reasonable percentage of at-risk renters cease paying rent for the next 4 months. Due to this, the less financially prepared property owners must choose to foreclose rather than to continue to deal with the mortgage that many are using the rent to pay. January 2021 comes along, renters are no longer protected, and the houses they live in are now bank-owned assets which will undoubtedly be sold at auction after the tenants are evicted en masse. Potentially millions of rental properties may end up in just such a circumstance, and the potential of a sudden decrease in rental supply could very well mean higher rents in 2021. Will this policy truly help America’s renters, or will the trade-offs come back to bite even those that are not currently “at risk”?

Beyond this, what happens to all those mortgage-backed bonds that are being held by the Federal Reserve if mortgages go belly-up like they did after the 2008 recession? Mortgage delinquency peaked in 2010 at 9.3% as we began the agonizing process of digging ourselves out of a politically driven recession with the same political burdens slowing down our efforts. This last August, mortgage delinquency had reached 8.2% at the same time that the Fed was approaching $1 trillion in what some might consider toxic securities; incidentally, that is approximately 30% of the American housing market. I can only imagine that among the threats of continued lockdowns, a flagging service industry, and the administration’s short-run compassion, we may see considerable difficulties in the new year vis a vis 2008.

This does not address all of the potential trade-off for these policies, but this is what you need to be thinking about when you read the news on new economic programs, public welfare spending, and public policy more generally. It should always be your very first question: “what are the trade-offs?”

Should Government Officials Drop in on Homeschooling Families?

June 17, 2020, article republished with permission from CATO Institute.

By Neal McCluskey

A couple of days ago Cato’s Center for Educational Freedom hosted a discussion on one of the hottest topics in education: homeschooling. The issue is in the front of many people’s minds because COVID-19 forced just about every child in the world to school at home. But people have been debating the right degree of parental and government control of education for centuries, and the debate specifically concerning homeschooling reached peak heat last month with a Harvard Magazine article pondering “a presumptive ban on the practice.” Our event featured Elizabeth Bartholet, the Harvard professor who called for the presumptive ban; Cato adjunct scholar and homeschooling advocate Kerry McDonald; historian and Messiah College professor Milton Gaither; and me, serving as both a panelist and moderator.

Homeschooling: Protecting Freedom, Protecting Children

In my opening remarks I endeavored to quickly work through a libertarian thought process on the role of government vis‐​à‐​vis homeschooling, with an emphasis on the difficulty of fitting children into a basic libertarian framework. That basic framework is grounded in freedom for people whom we assume are capable of self‐​government – typically adults. For at least some amount of time—we can debate how long for any given person—children cannot make many informed decisions for themselves, nor can they defend themselves against abuse or neglect. Someone else controls them.

In light of that, the homeschooling debate is more complicated than simply concluding that parents should be able to do whatever they want with their children. Few people, for instance, would disagree that government should stop child abuse or neglect. Of course, the norm for dealing with criminal activity, as I explained in my remarks, is for someone to suspect a crime is occurring, an investigation to occur, and if an investigation provides sufficient evidence for government to intervene, alleged perpetrators are charged and tried, with their innocence assumed unless they are proven guilty.

That said, our event was intended to discuss difficult issues from multiple perspectives, hopefully with all involved trying to understand how reasonable people could hold opinions different from their own. With such a discussion as a goal, and knowing that there have been very rare, but also very devastating, cases of isolation and abuse of children under the guise of homeschooling, in my remarks I said that it “may” be reasonable to “maybe” annually have some government official drop in unannounced on homeschooling families to briefly check in on children.

Many people heard this and thought that I was asserting that such a policy should be implemented. That was not my intention – I wanted to offer food for thought, and perhaps something that could spur a search for common ground.

So where do I stand? Again, the legal norm is suspicion, investigation, and trial with a presumption of innocence. That remains the best approach because a government empowered to inspect our homes and families without probable cause is a dangerous, insufficiently constrained government. The same presumption of innocence and due process should apply to how we deal with potential educational neglect, which I define as failure to educate a child to read, write, and calculate – the building blocks a child needs to become self‐​governing and access more expansive education.

I also, though, believe that we need to spend more time and effort thinking about how we can protect children from abuse and neglect. This may well mean reforming child protective services, encouraging communities to pay closer attention to families that appear to be isolated or in crisis, and maybe just discussing abuse more to raise the public consciousness. And we must remember that children are not adults—many cannot defend themselves or self-govern—rendering the policy framework we use for them more complicated than simply letting people do as they want as long as they do not forcibly impose things on others. No matter what, someone other than the child is imposing on them.

Relax Pharmacy Regulations to help with COVID-19 Testing and Treatment

March 27, 2020 article republished with permission from Mercatus.org

By James Broughel and Yuliya Yatsyshina

One of the most urgent challenges facing policymakers managing the current COVID-19 public health crisis is how to ramp up diagnostic testing on a mass scale. Companies such as Walgreens, CVS, and Target have already started working with the federal government, as their locations are well-suited to become testing sites. As a result, pharmacies and pharmacists themselves are likely to become instrumental in testing for COVID-19 in the coming weeks and months. However, certain regulatory restrictions on pharmacists should be relaxed so that they can practice to the full extent of their training and abilities.

The Importance of Testing

The president has declared a national emergency and the federal agencies and state governments overseeing the response to the pandemic have recommended or required that citizens stay at home, practice social distancing, and, in some instances, self-isolate, self-quarantine, or shelter in place. To-date, authorities have offered little guidance as to when these recommendations will expire. Without reliable information about how many people are infected with COVID-19 as well as the rate at which the disease spreading, it is likely that policymakers currently have no clear sense of when to recommend a return to normalcy. Critical data required to inform such decisions will only emerge once large-scale testing is implemented.

Tragically, the federal government botched its early response to the crisis. Among other things, the first COVID-19 tests distributed around the country by the Centers for Disease Control and Prevention (CDC) produced unreliable results. Furthermore, commercial labs and public health officials in the states couldn’t get initial approval to perform their own tests (though in some cases, they tested anyway). These failures, largely a result of inflexible regulations, have contributed to delaying the rollout of testing in the United States. Even now that many legal barriers to testing have been removed, shortages of supplies could be hampering the scaling up of testing.

This is a particularly unfortunate outcome because the experience of other countries suggests that testing on a large scale has been a key ingredient of an effective response to the pandemic. Testing, when combined with practices such as isolating infected individuals and using contact tracing methods to identify who else may have been exposed to the virus, has shown promising results in places such as South Korea and Singapore. Testing to confirm that those who are exhibiting no symptoms or who were previously ill are in good health could also potentially speed the transition back to normalcy.

The effectiveness of mass testing is powerfully illustrated by the experience of Vò, a small town that reported Italy’s first death from COVID-19. The town’s 3,300 or so residents were tested and retested as part of an experiment rolled out by the University of Padua, with assistance from the government of the Veneto Region and the Red Cross. Residents were tested regardless of whether they were exhibiting symptoms. Those who were confirmed as infected were quarantined. The second round of testing revealed that the number of infected residents had dropped from 3 percent of the population to nearly zero, and Vò eventually reached zero new cases within a few weeks. Notably, this outcome differs dramatically from the experience of other parts of northern Italy, which has been one of the regions of the world most affected by COVID-19.

The Role that Pharmacists Can Play

At the time of this was written, 579,000 COVID-19 tests had been administered in the United States. If the disease continues to spread exponentially, testing will have to keep up with that pace of growth. Meeting that goal is going to be a significant challenge, as laboratories are already facing shortages of testing equipment. Another challenge is going to be finding safe places where potentially infected individuals can be tested without infecting others and healthy individuals can be tested without getting infected themselves. A role for pharmacies is thus quickly becoming apparent.

Massachusetts, for example, set up one of America’s first drive-through testing facilities in a pharmacy parking lot. Other states, such as Michigan and Pennsylvania, are following suit. Major drug store chains have publicly committed their support for the fight against COVID-19.

Pharmacies are well positioned to become testing sites because of their geographical coverage across the country. There are more than 309,000 employed licensed pharmacists in the United States and its territories, and 90 percent of Americans live within five miles of a pharmacy. Many pharmacies have adequate parking, which makes them well suited for drive-through testing. Some pharmacies even have drive-through windows. The familiarity patients have with pharmacists could prove important if sick individuals are more comfortable driving to their local pharmacy than going to a doctor’s office or a hospital.

Pharmacists can be of critical assistance in triaging the coming avalanche of patients seeking diagnostics and care. Pharmacists could test patients for COVID-19 and, if the results return positive, give directions for home care if the illness is mild. If the illness is severe, pharmacists could direct patients to designated facilities for their particular area. Even if results were to come back negative, the pharmacist would save the patient from having to visit another venue of care, thereby freeing up time for other medical professionals to focus on more urgent cases. Should patients suffer from other minor ailments, pharmacists could also provide treatment (though this might require legal changes in many jurisdictions; to be discussed later in this brief).

Pharmacists’ training makes them capable of providing this kind of basic medical care. It takes about eight years to obtain a doctor of pharmacy degree, a regular requirement for a pharmacist license. This time includes three to four years of undergraduate prerequisite work and four years of additional professional study. The COVID-19 test is relatively simple and usually involves taking swabs from a patient’s nose or throat. This is a task well within the capabilities of a pharmacist to perform. Although for now the analysis of the swab is likely to take place off site at a lab, in the future this work could potentially be done on site. Indeed, rapid-turnaround COVID-19 tests are currently being developed and, in some cases, undergoing FDA approval. Moreover, pharmacists themselves stand ready to assist, as identified by a recent call by the American Pharmacists Association for expanded pharmacist services to combat COVID-19.

Policy Recommendations

Fortunately, there are not many laws standing in the way of pharmacists and pharmacies immediately assisting in testing efforts for COVID-19. Personnel working at testing sites set up near pharmacies should be able to collect specimens from patients and send those specimens to laboratories for analysis without facing significant legal hurdles. These laboratories, however, do need government approval to operate, and indeed this has been one of the central bureaucratic hurdles that has hampered the US government’s response to the crisis.

These same restrictions also affect pharmacists with respect to performing laboratory testing for other ailments. For several decades, many pharmacies have been allowed to perform low-risk health tests thanks to the Clinical Laboratory Improvement Amendments of 1988 (CLIA). Even in ordinary times, pharmacies can obtain CLIA waivers and perform tests related to such ailments as influenza, strep throat, human immunodeficiency virus, and other medical conditions.

Currently, however, the percentage of pharmacies holding CLIA waivers varies enormously across states. One study finds the percentage of pharmacies possessing CLIA waivers to be between 0 and 60 percent, depending on the state, with a median percentage of 19.56 percent. One reason for the disparity across states is varying state and local regulations, which include restrictions related to testing procedures, licensure of the personnel conducting tests or overseeing a lab, phlebotomy requirements, and waste disposal requirements.

Allowing pharmacists to perform tests in ordinary times would better prepare them for crises like the current pandemic. Moreover, as CLIA waivers have increased, pharmacists and lab technicians have been able to incorporate basic testing into their existing workload without needing to work more hours. Pharmacist testing has an additional benefit of potentially reducing the time between symptom development and treatment. Thus, ensuring that CLIA-waived COVID-19 tests quickly become available should be a top priority of the US Department of Health and Human Services.

When pharmacists are testing for an ailment, they are usually qualified to treat similar conditions as well. Florida recently passed a law that allows pharmacists to test and treat for influenza and strep throat. These kinds of changes are likely to alleviate some of the stress on the medical system as pharmacists take on the burden of handling some of the more routine cases. However, Florida’s reform remains far from ideal, in part because it requires a licensed pharmacist to have in place a collaborative agreement with a supervising physician, which can act as a disincentive for many pharmacists.

Idaho is perhaps the model state in this regard, as Idaho allows pharmacists to prescribe autonomously if a pharmacist identifies a medical condition as a result of a CLIA-waived test, as well as under a number of other routine situations, all without a collaborative agreement with a physician in place. Idaho also allows for substitution of therapeutically equivalent drugs without express physician authorization (but with notification to the physician). As more states like Idaho and Florida allow for basic testing and prescribing authority for pharmacists, colleges of pharmacy are likely to respond by updating curricula, thereby enhancing preparedness for future pandemics.

Many states are relaxing other kinds of regulations as a result of the COVID-19 pandemic. Massachusetts has allowed pharmacies to produce hand sanitizer and mandated that insurers cover certain telehealth services. Some states are now accepting out-of-state medical licenses or embarking in reciprocity agreements with other states with regard to medical licenses. Again, Idaho has a reciprocity law for pharmacists that could serve as a model in this regard.

Relaxing restrictions on telepharmacy could also yield beneficial outcomes. Currently, most tests for COVID-19 have a relatively long turnaround time, often requiring patients to wait at home for results. When results become available, tested individuals could have a consultation with the pharmacist on the phone or via video conferencing platforms such as Skype or Zoom. Not only is this convenient for the patient, it also encourages social distancing. Currently, there is a debate taking place about take-at-home COVID-19 tests. If these tests become common, relaxing telepharmacy rules could enable pharmacists to provide remote instructions to patients administering their own tests. Telepharmacy reforms have also been known to increase access to pharmacies among underserved populations, such as rural populations.

Importantly, as pharmacists take on additional responsibilities, they will likely need to rely more on pharmacy technicians to pick up more routine tasks. However, many states have restrictions in place that mandate a maximum ratio of technicians that can work with each pharmacist. Notably, many states have no ratio requirements, and some states even have provisions in place that allow technicians to work remotely, suggesting that some restrictions on pharmacy technicians can be relaxed or lifted altogether.

In short, pharmacists could readily play a role in ramping up COVID-19 testing and treatment, and eventually, when available, providing the vaccine. Relaxing state phlebotomy laws could yield additional benefits, as drawing blood may be necessary in efforts to search for antibodies for COVID-19. Any restrictions on the ability of pharmacists to immunize using FDA approved vaccines should also be reconsidered.

Conclusion

As pharmacies and pharmacists become instrumental in COVID-19 testing, any related regulatory restrictions at the state and federal level should be reconsidered. States should make it easier for pharmacies to obtain CLIA waivers, pharmacists should have the ability to prescribe in low-risk situations, regulations should be amended to make it easier for pharmacists licensed in one state to practice in another state, and the use of telepharmacy should be encouraged. Restrictions on pharmacy technicians and the ability of pharmacists to vaccinate are also areas where liberalization could prove beneficial. Combined, these reforms are likely to improve the public’s access to testing and treatment for COVID-19 as well as a variety of other medical conditions. Equally important, these reforms can enhance preparedness for future pandemics.

Spaced Out, Hidden, Here Come the 2020 Tax Hikes

Stephen D. Haner, Senior Fellow for State and Local Tax Policy at the Thomas Jefferson
Institute for Public Policy, brings us a list of the tax hikes coming to Virginia as early as July 1st of this year.

Highlights include: big increases in state and regional gasoline taxes, double the cigarette tax, and authorization to impose a 5-cent tax on plastic bags. Read the full Jefferson Journal article here.

A Letter to the President of the Virginia Institute

The Importance of the Freedom Caravan

Saturday, April 25, 2020

Dear Lynn,

I have seen our freedoms disappear over the years. The inception of our country was spurned on by our founding father’s revolts against King George’s policies, and they fought relentlessly for the rights and freedoms we now possess in our constitution. This month, we were witness to another tyrannical government in the form of our governor and his administration.

I believe we as citizens of this great nation have a responsibility to stand against the tyranny designed to destroy our state and country. This notion is shared with hundreds of patriots I spoke with on Wednesday, at the rally point near the Capitol in Richmond. These patriots came from all over Virginia to voice that the “free enterprise system is the most productive supplier of human needs and economic justice,” therefore meaning we must open Virginia for business as soon as possible. If we are to survive as a state and nation, we must take a stand against our governor to protect the constitutional values that are under fire.

To not attend the rally on Wednesday out of fear of COVID-19 or government reprisal was not an option. It was an opportunity to peacefully object to the government overreach that is plaguing Virginia today. My hope is that our governor and his administration will view the assembly on Wednesday as leaders of conservative groups that represent thousands of votes this November, and as a peaceful message to reopen the state so that we, as a state and nation, can become economically viable again.

Lynn, I could not begin to tell you how many people commented on the Thomas Jefferson quote on the little blue truck. Thank you for your support!

“When government fears the people, there is liberty. When the people fear the government, there is tyranny.”- Thomas Jefferson

Regards,

Major Mansfield

Kilgore on Telehealth

On May 3, 2020, The Roanoke Times published Del. Kilgore’s reflection on his push for HB1332 and the necessity of telehealth services during the current pandemic. Kilgore mentions the Tuesday Morning Group coalition in his letter Kilgore: Advancing telehealth in the Commonwealth.

Lynn Taylor Interview on the Don Kroah Show

On April 17th, Don Kroah interviewed VIPP President Lynn Taylor on the bills Gov Northam recently signed into effect. Listen to the radio show below.

by JanBaby on Pixabay
National coronavirus response: A road map to reopening

Republished with permission from American Enterprise Institute.

Authors: Scott Gottlieb, Mark McClellan, Lauren Silvis, Caitlin Rivers, Crystal Watson.

Key Points

  • This report provides a road map for navigating through the current COVID-19 pandemic in the United States. It outlines specific directions for adapting our public-health approach away from sweeping mitigation strategies as we limit the epidemic spread of COVID-19, such that we can transition to new tools and approaches to prevent further spread of the disease.
  • The authors outline the steps that can be taken as epidemic transmission is brought under control in different regions. They also suggest measurable milestones for identifying when we can make these transitions and start reopening America for businesses and families.
  • In each phase, the authors outline the steps that the federal government, working with the states and public-health and health care partners, should take to inform the response. This will take time, but planning for each phase should begin now so the infrastructure is in place when it is time to transition.

Executive Summary

This report provides a road map for navigating through the current COVID-19 pandemic in the United States. It outlines specific directions for adapting our public-health strategy as we limit the epidemic spread of COVID-19 and are able to transition to new tools and approaches to prevent further spread of the disease. We outline the steps that can be taken as epidemic transmission is brought under control in different regions. These steps can transition to tools and approaches that target those with infection rather than mitigation tactics that target entire populations in regions where transmission is widespread and not controlled. We suggest measurable milestones for identifying when we can make these transitions and start reopening America for businesses and families.

In each phase, we outline the steps that the federal government, working with the states and public-health and health care partners, should take to inform the response. This will take time, but planning for each phase should begin now so the infrastructure is in place when it is time to transition.

The specific milestones and markers included in the report for transitioning our responses are judgments based on our current understanding, with the goal of facilitating an effective path forward. The epidemic is evolving rapidly, and our understanding of best responses will evolve as well. The broad set of tasks described here requires and will receive high-level, ongoing attention, and it should be updated and refined as additional evidence, context, and insights about the epidemic become available.

To gradually move away from a reliance on physical distancing as our primary tool for controlling future spread, we need:

  1. Better data to identify areas of spread and the rate of exposure and immunity in the population;
  2. Improvements in state and local health care system capabilities, public-health infrastructure for early outbreak identification, case containment, and adequate medical supplies; and
  3. Therapeutic, prophylactic, and preventive treatments and better-informed medical interventions that give us the tools to protect the most vulnerable people and help rescue those who may become very sick.

Our stepwise approach depends on our ability to aggregate and analyze data in real time. To strengthen our public-health surveillance system to account for the unprecedented spread of COVID-19, we need to harness the power of technology and drive additional resources to our state and local public-health departments, which are on the front lines of case identification and contact tracing. Finally, we must expand our investments in pharmaceutical research and development into COVID-19 and promote the rapid deployment of effective diagnostics, therapies, and eventually a vaccine.

Slow the Spread in Phase I. This is the current phase of response. The COVID-19 epidemic in the United States is growing, with community transmission occurring in every state. To slow the spread in this period,1 schools are closed across the country, workers are being asked to do their jobs from home when possible, community gathering spaces such as malls and gyms are closed, and restaurants are being asked to limit their services. These measures will need to be in place in each state until transmission has measurably slowed down and health infrastructure can be scaled up to safely manage the outbreak and care for the sick.

State-by-State Reopening in Phase II. Individual states can move to Phase II when they are able to safely diagnose, treat, and isolate COVID-19 cases and their contacts. During this phase, schools and businesses can reopen, and much of normal life can begin to resume in a phased approach. However, some physical distancing measures and limitations on gatherings will still need to be in place to prevent transmission from accelerating again. For older adults (those over age 60), those with underlying health conditions, and other populations at heightened risk from COVID-19, continuing to limit time in the community will be important.

Public hygiene will be sharply improved, and deep cleanings on shared spaces should become more routine. Shared surfaces will be more frequently sanitized, among other measures. In addition to case-based interventions that more actively identify and isolate people with the disease and their contacts, the public will initially be asked to limit gatherings, and people will initially be asked to wear fabric nonmedical face masks while in the community to reduce their risk of asymptomatic spread. Those who are sick will be asked to stay home and seek testing for COVID-19. Testing should become more widespread and routine as point-of-care diagnostics are fully deployed in doctors’ offices.

While we focus on state-by-state reopening of activities in a responsible manner and based on surveillance data, we note that states may move forward at a county or regional level if these conditions vary within the state and that coordination on reopening among states that share metropolitan regions will be necessary.

Establish Immune Protection and Lift Physical Distancing During Phase III. Physical distancing restrictions and other Phase II measures can be lifted when safe and effective tools for mitigating the risk of COVID-19 are available, including broad surveillance, therapeutics that can rescue patients with significant disease or prevent serious illness in those most at risk, or a safe and effective vaccine.

Rebuild Our Readiness for the Next Pandemic in Phase IV. After we successfully defeat COVID-19, we must ensure that America is never again unprepared to face a new infectious disease threat. This will require investment into research and development initiatives, expansion of public-health and health care infrastructure and workforce, and clear governance structures to execute strong preparedness plans. Properly implemented, the steps described here also provide the foundation for containing the damage that future pathogens may cause.

Phase I: Slow the Spread

Goals

The goal of Phase I is to save lives by:

  1. Slowing the transmission of SARS-CoV-2 across the United States by reducing the effective reproduction number of infections,
  2. Increasing testing capacity to accommodate the ability to test everyone with symptoms and their close contacts, and
  3. Ensuring the health care system has the capacity to safely treat both COVID-19 patients and others requiring care.

A successful Phase I will allow for a significant relaxation of physical distancing measures and a progression to Phase II, when more targeted, case-based interventions are possible.

Thresholds for Action

Trigger to Begin to “Slow the Spread.” The trigger to implement nationwide “slow the spread” measures2 in Phase I is the existence in multiple geographic locations around the country of confirmed cases that cannot be traced back to other known cases (“community spread”).3 This trigger has already been reached in the United States.

Trigger to Move to Phase II. To guard against the risk that large outbreaks or epidemic spread could reignite once we lift our initial efforts to “slow the spread,” the trigger for a move to Phase II should be when a state reports a sustained reduction in cases for at least 14 days (i.e., one incubation period); and local hospitals are safely able to treat all patients requiring hospitalization without resorting to crisis standards of care4and the capacity exists in the state to test all people with COVID-19 symptoms, along with state capacity to conduct active monitoring of all confirmed cases and their contacts.5

Stay-at-Home Advisories

The trigger for issuing a stay-at-home advisory6 in a US state is when case counts are doubling every three to five days7 (based on the current New York experience) or when state and local officials recommend it based on the local context (for example, growth on track to overwhelm the health system’s capacity).

The trigger for issuing a recommendation to step down from a stay-at-home-advisory back to “slow the spread” is when the number of new cases reported in a state has declined steadily for 14 days (i.e., one incubation period) and the jurisdiction is able to test everyone seeking care for COVID-19 symptoms.

Steps Required in Phase I

Maintain Physical Distancing. Each state must maintain community-level physical distancing measures8 until the threshold for moving to Phase II is met. These Phase I measures include:

  • Closing community gathering spaces such as schools, shopping centers, dining areas, museums, and gyms statewide (places where people congregate indoors);
  • Promoting telework for nonessential employees statewide;
  • Urging the public to limit unnecessary domestic or international travel;
  • Canceling or postponing meetings and mass gatherings;
  • Shutting dining areas but encouraging restaurants to provide takeout and delivery services if possible;
  • Issuing stay-at-home advisories in hot spots where transmission is particularly intense (i.e., when case counts are doubling in a city or locality every three to five days); and
  • Monitoring community adherence to physical distancing and stay-at-home advisories, adjusting risk messaging as appropriate, and identifying alternative incentives for compliance if needed.

Increase Diagnostic Testing Capacity and Build Data Infrastructure for Rapid Sharing of Results. Same-day, point-of-care diagnostic testing (widely available in outpatient settings) is crucial for identifying cases, including those with asymptomatic and mild infections. To move from community-wide interventions that focus on large populations to case-based interventions that target and isolate individual people who are infected, capacity should be sufficient to test:

  1. Hospitalized patients (rapid diagnostics are needed for this population);
  2. Health care workers and workers in essential roles (those in community-facing roles in health and public safety);
  3. Close contacts of confirmed cases; and
  4. Outpatients with symptoms. (This is best accomplished with point-of-care diagnostics in doctors’ offices with guidelines that encourage widespread screening and mandated coverage for testing.)

We estimate that a national capacity of at least 750,000 tests per week would be sufficient to move to case-based interventions when paired with sufficient capacity in supportive public-health infrastructure (e.g., contact tracing).9 In conjunction with more widespread testing, we need to invest in new tools to make it efficient for providers to communicate test results and make data easily accessible to public-health officials working to contain future outbreaks.

Ensure Functioning of the Health Care System. Ensure sufficient critical-care capacity10 in hospitals to be able to immediately expand capacity from 2.8 critical-care beds per 10,000 adults to 5–7 beds per 10,000 adults in the setting of an epidemic or other emergency, allowing for regional variation.11 This target is a minimum, must be adequate for the current and forecasted level of demand, and must be accompanied by adequate staffing. Regional variation in capacity reflecting local needs is acceptable.

Expand access to ventilators in hospitals from 3 per 10,000 adults to a goal of 5–7 ventilators per 10,000 adults.12 This target does not include transport or anesthesia machines. This target is a minimum, must be adequate for the current and forecasted level of demand, and must be accompanied by adequate staffing. Regional variation in capacity reflecting local needs is acceptable.

Maintain access to acute-care hospital beds of at least 30 per 10,000 adults.13 Facilities should have a plan, in the case of a surge in hospital demand, for how the beds would be rapidly flexed from more discretionary uses (e.g., elective procedures) and adequately staffed, with access to adequate supplies of oxygen and other medical supplies.

This health care functioning target would also be met if critical-care and ventilator capacity does not expand to that level but COVID-19 incidence is maintained or falls meaningfully below the state’s capacity to meet critical-care demand. These capacity targets can also be partially met through the availability of ample mobile health care infrastructures (supported and perhaps maintained by federal or state governments) that can be distributed and set up on short notice to hot areas with surge capacity needs.

Increase Supply of Personal Protective Equipment. The Centers for Disease Control and Prevention (CDC) recommends, at a minimum, N95 respirators for hospital staff expected to have direct contact with COVID-19 patients, plus disposable procedural or surgical masks for all other clinical personnel in any health care setting.14 The supply chain should be able to reliably distribute sufficient N95 masks, gloves, and other personal protective equipment to protect health care workers from infection.

Implement Comprehensive COVID-19 Surveillance Systems. The move toward less restrictive physical distancing could precipitate another period of acceleration in case counts. Careful surveillance will be needed to monitor trends in incidence. A high-performing disease surveillance system should be established that leverages:

  1. Widespread and rapid testing at the point of care using cheaper, accessible, and sensitive point-of-care diagnostic tools that are authorized by the Food and Drug Administration (FDA);
  2. Serological testing to gauge background rates of exposure and immunity to inform public-health decision-making about the level of population-based mitigation required to prevent continued spread in the setting of an outbreak; and
  3. A comprehensive national sentinel surveillance system, supported by and coordinated with local public-health systems and health care providers, to track the background rate of infection across states and identify community spread while an outbreak is still small and at a stage in which case-based interventions can prevent a larger outbreak.

ILINet, the surveillance system for influenza-like illness in the United States, is a potential model for SARS-CoV-2 surveillance. To enable rapid and more effective detection and case management, SARS-CoV-2 surveillance will also benefit from data sharing and coordination with health care providers and payers. The CDC should convene an intergovernmental task force, with outside experts as needed and input from states and the health care community, to develop and support a new national surveillance system and data infrastructure for tracking and analyzing COVID-19.

Massively Scale Contact Tracing and Isolation and Quarantine. When a new case of COVID-19 is diagnosed, the patient should be isolated either at home or in a hospital, depending on the level of care he or she requires. Current CDC guidelines recommend seven days of isolation.15 Home isolation can be enforced using technology such as GPS tracking on cell phone apps. Also, the close contacts of confirmed cases (as defined by the CDC16) should be quarantined and monitored daily for 14 days. Monitoring of international travelers is also recommended.17

To scale these interventions to accommodate thousands of daily cases and tens of thousands of daily contacts, public-health infrastructure will need to be dramatically scaled up throughout the country, in coordination with the improving capacity of health care providers to prevent, diagnose, and treat COVID-19 cases.

The task force should also be charged with developing and overseeing an initiative to:

  1. Surge the existing public-health workforce to conduct case finding and contact tracing;
  2. Enable rapid reporting to state, local, and federal health authorities, through the public-health workforce and electronic data sharing from health care providers and labs; and
  3. Develop and field a technological approach to enable rapid data entry, reporting, and support for isolation, quarantine, and safe community-based treatment of affected individuals.

Offer Voluntary Local Isolation and Quarantine. Comfortable, free facilities should be provided for cases and their contacts who prefer local isolation, quarantine, and treatment away from home. For example, a member of a large household may wish to recover in a hotel room that has been repurposed rather than risk infecting family members. Isolation and quarantine away from home should not be mandatory or compelled by force.

The Federal Emergency Management Agency is the lead agency tasked with coordinating with state and local jurisdictions to stand up appropriate isolation and quarantine facilities. Field hospitals, dormitories, hotels, and military barracks may be appropriated for this purpose.

Encourage the Public to Wear Masks. There is emerging evidence that asymptomatic and presymptomatic transmission of COVID-19 is possible,18 which complicates efforts to pursue case-based interventions. To reduce this risk during Phase I, everyone, including people without symptoms, should be encouraged to wear nonmedical fabric face masks while in public.19

Face masks will be most effective at slowing the spread of SARS-CoV-2 if they are widely used, because they may help prevent people who are asymptomatically infected from transmitting the disease unknowingly. Face masks are used widely by members of the public in some countries that have successfully managed their outbreaks, including South Korea and Hong Kong.20 The World Health Organization (WHO) recommended members of the public use face masks in the event of a severe influenza pandemic.21

However, personal protective equipment should continue to be reserved for health care workers until supplies are sufficient for them and abundant. For this reason, right now members of the general public should opt to wear nonmedical fabric face masks when going out in public. The CDC should issue guidelines on the proper design of such nonmedical fabric face masks. Consumers may be able to fashion these masks themselves using available washable materials, or they may become available in the consumer marketplace.

Trigger for Moving to Phase II

A state can safely proceed to Phase II when it has achieved all the following:

  • A sustained reduction in cases for at least 14 days,
  • Hospitals in the state are safely able to treat all patients requiring hospitalization without resorting to crisis standards of care,22
  • The state is able to test all people with COVID-19 symptoms, and
  • The state is able to conduct active monitoring of confirmed cases and their contacts.23

Phase II: Reopen, State by State

In Phase II, the majority of schools, universities, and businesses can reopen. Teleworking should continue where convenient; social gatherings should continue to be limited to fewer than 50 people wherever possible. Other local restrictions should be considered, such as those that limit people from congregating in close proximity.

High-contact settings such as schools should continue to review and implement physical distancing measures with guidance from the CDC and input from local officials. Health officials should recommend increased social hygiene measures and cleaning of shared surfaces.

For older adults (those over 60 years old), those with underlying health conditions, and other populations at heightened risk from COVID-19, it should still be recommended that they limit time in the community during Phase II. This recommendation may change if an effective therapeutic becomes available.

We need to consider these activities on a coordinated, regional basis through multistate cooperation. While state and local governments maintain sovereignty over issues related to their public-health response, coordination based on regions that cross state boundaries will be crucial. Large states with multiple urban areas and rural regions may implement reopening at a regional level. States that share major metropolitan areas (for example, New York, New Jersey, and Connecticut) should assure that the conditions for reopening these areas are met across the relevant state boundaries.

Goals

The goals of Phase II are to:

  1. Lift strict physical distancing measures in a concerted and careful fashion,
  2. Allow the vast majority of businesses and schools to open, and
  3. Continue to control SARS-CoV-2 transmission so we do not revert back to Phase I.

The adoption of these Phase II measures will require a careful balance. We will need to constantly reevaluate the implementation of these measures based on available surveillance data, and we will need to be ready to adjust our approach over time according to the epidemiology of local, national, and global spread. This is especially true as we transition from one phase to the next.

Thresholds for Action

Trigger to Lift Physical Distancing Measures. Once the criteria for the transition from Phase I to Phase II have been met and we begin to move away from the “slow the spread” period, leaders at the state level should begin an incremental easing of physical distancing measures. This should be done gradually and should be paired with increased surveillance for new cases. State officials should make decisions about the selection and timing of restrictions to lift based on their local contexts. Restrictions should be eased gradually, with sufficient time between each adjustment to carefully monitor for resurgence of transmission.

Trigger for Returning to Phase I, “Slow the Spread.” As physical distancing is gradually eased, surveillance will be essential for quickly identifying an increase in cases in the state. A state should revert to Phase I and continue “slow the spread” if a substantial number of cases cannot be traced back to known cases, if there is a sustained rise in new cases for five days, or if hospitals in the state are no longer able to safely treat all patients requiring hospitalization.

Trigger for Moving to Phase III. Once a vaccine has been developed, has been tested for safety and efficacy, and receives FDA emergency use authorization,24 or there are other therapeutic options that can be used for preventive or treatment indications and that have a measurable impact on disease activity and can help rescue very sick patients, states can move to Phase III.

Steps Required in Phase II

Implement Case-Based Interventions. Using the public-health capacities developed in Phase I, every confirmed case should be isolated either at home, in a hospital, or (voluntarily) in a local isolation facility for at least seven days, or according to the latest CDC guidance. People awaiting test results should be advised to quarantine until their results are returned.

The close contacts of confirmed cases should be traced and placed under home or central quarantine, with active daily monitoring for at least 14 days, or according to the latest CDC guidance. Diagnostic tests should be immediately administered to any close contacts who develop symptoms.

Begin to Relax Physical Distancing Measures. General physical distancing precautions should still be the norm during Phase II, including teleworking (as much as possible), maintaining hand hygiene and respiratory etiquette, wearing a mask in public, regularly disinfecting high-touch surfaces, and initially limiting social gatherings to fewer than 50 people. These recommendations should be augmented through technological solutions to understand physical distancing behaviors and adjust risk messaging as needed. This should be accomplished through partnerships with the private sector, with careful attention paid to preserving privacy and avoiding coercive means to encourage compliance.

As children return to school and daycare (i.e., high-contact settings) and people return to high-density workplaces, leaders of these organizations should continue to review and implement physical distancing measures based on guidance from the CDC for schools and businesses.25

Special Care for Vulnerable Populations. While easing of physical distancing is taking place, highly vulnerable populations,26 such as individuals older than age 60 and those with compromised immune systems or compromised lung and heart function, should continue to engage in physical distancing as much as possible until a vaccine is available, an effective treatment is available, or there is no longer community transmission. Special attention should be paid to long-term-care facilities and nursing homes.27 These facilities will need to maintain high levels of infection prevention and control efforts and limit visitors to prevent outbreaks.

If a treatment or prophylactic, such as a monoclonal antibody,28 becomes available, high-risk and vulnerable populations should be prioritized to receive it, to both protect those individuals and reduce the likelihood of an increase in severe illnesses and additional patient surge in hospital intensive care units (ICUs).

Accelerate the Development of Therapeutics. Therapeutics play an important role in caring for those who are sick. Accelerating the research, development, production, and distribution of safe and effective therapeutics is a top priority. With effective development strategies and early investments in commercial-scale manufacturing, a successful therapeutic could receive emergency use authorization or approval as early as the summer or fall, if trials demonstrate that it meets either standard.

Therapeutics can serve a number of roles. First, they can serve as a prophylaxis to help prevent infection in those at greatest risk of infection, such as front-line health care workers, or those at risk of bad outcomes, such as individuals with preexisting health conditions and those who are immunocompromised. Such a treatment could include a recombinant antibody that can target the virus surface antigens. As an example, researchers successfully developed such a therapeutic against Ebola. These antibody drugs can also be used to treat early infection or as a postexposure prophylaxis.

Other therapeutics might include antiviral drugs that target features of how the virus replicates. These drugs can be used to treat people who are critically ill or earlier in the course of disease for those at risk of developing a complication. Antiviral drugs can also be used as postexposure prophylaxis, depending on their safety profile. Postexposure prophylaxis and products that shorten the duration and intensity of viral shedding may affect the effective reproduction number only modestly. In addition, immune-modulating treatments may prove to be helpful in mitigating severe lung complications in some patients. A number of promising drugs are in early and mid-stage development.

At a minimum, the optimal profile for a therapeutic that will affect the risk from future spread is one that meaningfully reduces the risk of death or severe disease and perhaps prevents the onset of symptoms or progression to severe disease in those exposed. Oral administration at the outpatient level would be ideal, but alternative administration requirements (e.g., infusion and jet injections) could also be scaled, with sufficient planning.

While private industry has already organized a large task force to share information and capabilities to rapidly advance promising therapies, we need a commensurate focus by federal agencies to make sure the best possible resources are brought to this mission. Federal agencies should join organized efforts already underway in the private sector.

Identify Those Who Are Immune. Serology is a method used to identify evidence of immunity in someone who has recovered from infection. With accurate and widely available serological testing, we can identify people who are immune and therefore no longer vulnerable to infection. While we need to better understand the strength of the immune response in mild cases and how long people remain immune from reinfection, we know there is a period where most people will have sufficient antibodies to offer protection. People who are immune could:

  1. Return to work,
  2. Serve in high-risk roles such as those at the front lines of the health care system, and
  3. Serve in roles that support community functioning for people who are still physically distancing (e.g., the elderly who continue to quarantine at home).

To use serology in this way, serological assays are needed and should be widely available, accurate, rapid, and low cost. Such assays have already been developed by researchers, but they have not yet been fully validated and are not available at scale.

A task force comprised of senior leaders from the CDC, the Biomedical Advanced Research and Development Authority, the National Institute of Allergy and Infectious Diseases, the Department of Defense (DOD), the FDA, academia, and key private-sector groups (e.g., serological manufacturing companies) should be tasked to oversee the development, production, distribution, data collection, serological survey designs, and analytics for use of serology at scale.29

Trigger for Moving to Phase III

Once a vaccine has been developed, has been tested for safety and efficacy, and receives FDA emergency use authorization,30 states can move to Phase III.

Phase III: Establish Protection Then Lift All Restrictions

Once a robust surveillance sentinel system is in place, coupled with widespread point-of-care testing and a robust ability to implement tracing, isolation, and quarantines—and this is supported by the availability of therapeutics that can help mitigate the risk of spread or reduce serious outcomes in those with infections—or alternatively a vaccine has been developed and tested for safety and efficacy, we can enter Phase III. The availability of these technologies (and eventually a safe and effective vaccine) will have economic and social benefits, in addition to health benefits.

Goals

The goals of safe and effective technologies for controlling transmission are to:

  1. Prevent infection;
  2. Treat those with early disease to prevent bad outcomes;
  3. Provide a prophylaxis for those exposed to infection to prevent them from developing disease or reduce its severity;
  4. In the case of a vaccine, build population-level immunity to the virus in order to reduce illness and death and stop or greatly slow spread; and
  5. Enable the lifting of all physical distancing measures.

Thresholds for Action

Trigger to Begin Manufacturing Scale-Up and Vaccine or Therapeutic Prioritization Planning. As soon as a vaccine or therapeutic looks promising in pivotal clinical trials (i.e., it has been shown to be safe and looks like it will also be effective),31 the US government should work with industry to begin planning for mass manufacturing, distribution, and administration. New provisions enacted under the recently passed the Coronavirus Aid, Relief, and Economic Security Act allow for large-scale manufacturing of promising therapies, in advance of approval, to help make sure there will be adequate supply available for mass distribution, should a product demonstrate that it is safe and effective and win regulatory approval.

Trigger for Switch Toward Mass Vaccination. Once availability of a vaccine or therapeutic is able to meet demand, vaccination can expand beyond priority groups. The CDC, state public-health agencies, and vaccine developers should work together to plan for and execute mass vaccination of large populations in the US. This planning can begin before Phase III because preparation can be made regardless of vaccine availability.

Steps to Take in Phase III

Vaccine or Therapeutic Production. Once a safe and effective vaccine or therapeutic has been licensed, it will need to be quickly manufactured at scale. The Public Health Emergency Medical Countermeasures enterprise,32 in coordination with pharmaceutical companies and other private-sector stakeholders, should continue to plan for and implement mass production capable of quickly meeting US demand.

Vaccine or Therapeutic Prioritization—When Supply Is Still Limited. The CDC, the National Institutes of Health, the Office of the Assistant Secretary for Preparedness and Response, the DOD, and other stakeholders should revise prior influenza vaccine prioritization guidance to apply specifically to COVID-19.33 The new prioritization guidance for the COVID-19 vaccine should identify priority groups for targeted distribution when a safe and effective vaccine starts to become available. The guidance should be transparent and explain the reasoning for priorities, including the populations in which the vaccine was studied, and should be a phased approach that expands to additional priority groups as vaccine availability expands. The guidance should be reflected in COVID-19 payment policies implemented by the Centers for Medicare & Medicaid Services (CMS) and private insurers, with treatment available at no cost to individuals who meet the priority guidance and a mechanism for reimbursement for individuals who are uninsured.

Mass Vaccination or Therapeutic Distribution—When Supply Is Abundant. The CDC should work with state and local health officials, health care providers, CMS and health insurers, and other public-health stakeholders to create a national plan for how mass vaccination will be carried out across the country. This plan should identify who will administer vaccinations, where vaccines will be offered, and how data will be collected on vaccination rates, as well as possible adverse events from the vaccine. Indemnification of vaccine developers and manufacturers should also be considered. Congress could enact legislation to support a process for compensation of any individual who has an adverse event from the vaccine, which requires medical care.

Global Vaccine Scale-Up and Vaccination. The CDC, the US Agency for International Development, the State Department, and other US stakeholders should continue to work with WHO and other international organizations and national leaders to plan for how the US will assist other countries (particularly low- and middle-income countries) with obtaining vaccine and implementing mass vaccination. Support from the United States and higher-income nations will be critical for controlling the virus globally and saving lives around the world, as well as reducing the impact that future waves of the pandemic may have on the US population.

Serological Surveys to Determine Population Immunity. One key input for understanding the population at risk is the fraction of the population who have recovered and are protected against reinfection. If a sufficiently high fraction of the population has become immune either through natural recovery or vaccination, remaining restrictions can be lifted. The CDC should be the lead agency for coordinating ongoing serological surveys.

Phase IV: Rebuild Our Readiness for the Next Pandemic

The COVID-19 pandemic has exposed serious gaps in our nation’s pandemic preparedness. COVID-19 will not be the last public-health emergency to threaten American society. We must invest in the scientific, public-health, and medical infrastructure needed to prevent, detect, and respond to the next infectious disease threat.

Develop Vaccines for Novel Viruses in Months, Not Years. In response to COVID-19 and in preparation for the next previously unidentified health threat (“Disease X”34), the United States should lead the way by setting an ambitious goal of rapidly developing medical countermeasures for novel or unknown threats in months, not years. A dedicated strategy, program, and funding will be needed to create the ability at existing agencies within the US Department of Health and Human Services and DOD to quickly develop flexible platforms and countermeasures for any type of novel pathogen.35 This strategy should include supporting flexible manufacturing capacity to scale up production to a global level in an emergency.

Modernize and Fortify the Health Care System. We must improve our hospital-bed and ICU capacity to accommodate large surges of patients through public-private partnerships, for example, by enhancing the Hospital Preparedness Program36 and the Public Health Emergency Preparedness Cooperative Agreement37 and emphasizing preparedness in federal health care programs (e.g., the CMS38 and the Department of Veterans Affairs39). We must also expand the supply chain of personal protective equipment and further the development of crisis standards of care. To reduce future burdens on our critical-care systems, we must also support our primary and community care capabilities to identify populations at elevated risk, detect cases early, and manage them at home or in the community more effectively. Health care payers have been implementing payment reforms to support better screening and population health management. Emergency supplemental payments to health care providers in the current pandemic and future health care payments should be linked to establishing better surge capacity for severe cases and stronger capabilities to partner with public-health authorities to contain outbreaks and reduce the burden on hospitals.

Establish a National Infectious Disease Forecasting Center. Given the important role of infectious disease modeling in supporting public-health decision-making, we should increase our nation’s capacity to use infectious disease modeling40 to support public-health decision-making by establishing a national infectious disease forecasting center. This permanent federal institution would function similarly to the National Weather Service, providing a centralized capability for both producing models and undertaking investigations to improve methods used to advance basic science, data science, and visualization capabilities. It would also provide decision support to public-health agencies based on modeling and analytic results.

Governance. We need to move away from a decentralized system that promotes unequal implementation of preparedness measures across the nation and toward a more coordinated execution of response. We should develop clear and effective plans for the implementation of public-health measures such as quarantine and the unification of actions made by state and local health departments. Outbreaks are matters of regional—and more typically national—concern. Preparedness for public-health emergencies should be elevated as a function in the White House, with a coordinating function analogous to the director of national intelligence.

Acknowledgments

The authors are grateful for policy input and review of the document by Anita Cicero, JD; Thomas Inglesby, MD; Eric Toner, MD; Elena Martin, MPH; Dylan George, PhD; Jason Asher, PhD; and Trevor Bedford, PhD.

About the Authors

Scott Gottlieb is a resident fellow at the American Enterprise Institute and was the Food and Drug Administration commissioner from 2017 to 2019. He serves on the boards of Pfizer Inc. and Illumina.

Mark McClellan, who directs the Duke-Margolis Center for Health Policy, was commissioner of the Food and Drug Administration from 2002 to 2004. He is an independent board member at Alignment Health Care, Cigna, Johnson & Johnson, and Seer. He is a co-chair of the Health Care Payment Learning and Action Network and receives advisory fees from Arsenal Capital, CRG, and Mitre.

Lauren Silvis is a senior vice president at Tempus Inc. and was previously the deputy director of the Food and Drug Administration’s medical device center and the agency’s chief of staff from 2017 to 2019.

Caitlin Rivers is an epidemiologist and assistant professor at the Johns Hopkins Center for Health Security.

Crystal Watson is a health security expert and assistant professor at the Johns Hopkins Center for Health Security.

Notes

1. White House, “15 Days to Slow the Spread,” March 16, 2020, https://www.whitehouse.gov/articles/15-days-slow-spread/.

2. White House, “15 Days to Slow the Spread.”

3. Centers for Disease Control and Prevention, “How Coronavirus Spreads,” March 4, 2020, https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/how-covid-spreads.html.

4. Institute of Medicine, Crisis Standards of Care: Summary of a Workshop Series (Washington, DC: National Academies Press, 2010), https://www.ncbi.nlm.nih.gov/books/NBK32749/.

5. Centers for Disease Control and Prevention, “Interim US Guidance for Risk Assessment and Public Health Management of Persons with Potential Coronavirus Disease 2019 (COVID-19) Exposures: Geographic Risk and Contacts of Laboratory-Confirmed Cases,” March 22, 2020, https://www.cdc.gov/coronavirus/2019-ncov/php/risk-assessment.html.

6. Sarah Mervosh, Denise Lu, and Vanessa Swales, “See Which States and Cities Have Told Residents to Stay at Home,” New York Times, March 28, 2020, https://www.nytimes.com/interactive/2020/us/coronavirus-stay-at-home-order.html.

7. Qun Li et al., “Early Transmission Dynamics in Wuhan, China, of Novel Coronavirus–Infected Pneumonia,” New England Journal of Medicine 382 (March 2020): 1199–207, https://www.nejm.org/doi/full/10.1056/NEJMoa2001316.

8. Centers for Disease Control and Prevention, “Interim US Guidance for Risk Assessment and Public Health Management of Persons with Potential Coronavirus Disease 2019 (COVID-19) Exposures.”

9. During the 2017–18 flu season (which was particularly severe), there were 18,000,000–27,000,000 medical visits for influenza-like illness spread out over approximately 32 weeks, averaging 562,000–844,000 visits per week. However, those visits were not evenly distributed throughout the season, and peak demand was higher, so we estimate a national capacity of approximately 750,000 would meet demand. South Korea has tested 1 in 170 people, cumulatively. To do the same, we would need to test 1.9 million people, which we could achieve in around 2.5 weeks with a capacity of 750,000/week.

10. Neil A. Halpern and Kay See Tan, “U.S. ICU Resource Availability for COVID-19,” Society of Critical Care Medicine, March 25, 2020, https://sccm.org/getattachment/Blog/March-2020/United-States-Resource-Availability-for-COVID-19/United-States-Resource-Availability-for-COVID-19.pdf.

11. Preliminary research suggests that a Wuhan-like outbreak in the United States would require 2.1 to 4.9 critical care beds per 10,000 adults. However, a majority of those beds are in use for non-COVID-19 patients requiring critical care for other conditions. We estimate that approximately 5–7 beds per 10,000 adults would accommodate both patient groups. Ruoran Li et al., “The Demand for Inpatient and ICU Beds for COVID-19 in the US: Lessons from Chinese Cities” (working paper, March 16, 2020), https://www.medrxiv.org/content/10.1101/2020.03.09.20033241v2.full.pdf.

12. Halpern and See Tan, “U.S. ICU Resource Availability for COVID-19.”

13. Halpern and See Tan, “U.S. ICU Resource Availability for COVID-19.”

14. Centers for Disease Control and Prevention, “Interim Infection Prevention and Control Recommendations for Patients with Suspected or Confirmed Coronavirus Disease 2019 (COVID-19) in Healthcare Settings,” March 19, 2020, https://www.cdc.gov/coronavirus/2019-ncov/infection-control/control-recommendations.html.

15. Centers for Disease Control and Prevention, “Discontinuation of Home Isolation for Persons with COVID-19 (Interim Guidance),” March 16, 2020, https://www.cdc.gov/coronavirus/2019-ncov/hcp/disposition-in-home-patients.html.

16. Centers for Disease Control and Prevention, “Interim US Guidance for Risk Assessment and Public Health Management of Persons with Potential Coronavirus Disease 2019 (COVID-19) Exposures.”

17. Centers for Disease Control and Prevention, “Travelers Returning from International Travel,” March 27, 2020, https://www.cdc.gov/coronavirus/2019-ncov/travelers/after-travel-precautions.html.

18. Centers for Disease Control and Prevention, “Healthcare Professionals: Frequently Asked Questions and Answers,” March 22, 2020, https://www.cdc.gov/coronavirus/2019-ncov/hcp/faq.html.

19. Shuo Feng et al., “Rational Use of Face Masks in the COVID-19 Pandemic,” Lancet, March 20, 2020, https://www.thelancet.com/journals/lanres/article/PIIS2213-2600(20)30134-X/fulltext.

20. Kylie E. C. Ainslie et al., “Report 11: Evidence of Initial Success for China Exiting COVID-19 Social Distancing Policy After Achieving Containment,” Imperial College COVID-19 Response Team, March 24, 2020, https://www.imperial.ac.uk/media/imperial-college/medicine/sph/ide/gida-fellowships/Imperial-College-COVID19-Exiting-Social-Distancing-24-03-2020.pdf.

21. World Health Organization, Non-Pharmaceutical Public Health Measures for Mitigating the Risk and Impact of Epidemic and Pandemic Influenza, 2019, https://apps.who.int/iris/bitstream/handle/10665/329438/9789241516839-eng.pdf.

22. Institute of Medicine, Crisis Standards of Care.

23. Centers for Disease Control and Prevention, “Interim US Guidance for Risk Assessment and Public Health Management of Persons with Potential Coronavirus Disease 2019 (COVID-19) Exposures.”

24. Feng et al., “Rational Use of Face Masks in the COVID-19 Pandemic.”

25. Centers for Disease Control and Prevention, “Schools, Workplaces & Community Locations,” March 21, 2020, https://www.cdc.gov/coronavirus/2019-ncov/community/index.html.

26. Centers for Disease Control and Prevention, “People Who Are at Higher Risk for Severe Illness,” March 26, 2020, https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/people-at-higher-risk.html.

27. Centers for Disease Control and Prevention, “Preparing for COVID-19: Long-Term Care Facilities, Nursing Homes,” March 21, 2020, https://www.cdc.gov/coronavirus/2019-ncov/healthcare-facilities/prevent-spread-in-long-term-care-facilities.html.

28. National Cancer Institute, “NCI Dictionary of Cancer Terms,” s.v. “monoclonal antibody,” https://www.cancer.gov/publications/dictionaries/cancer-terms/def/monoclonal-antibody.

29. Centers for Disease Control and Prevention, “Coronavirus (COVID-19),” https://www.cdc.gov/coronavirus/2019-ncov/index.html; US Department of Health and Human Services, “BARDA’s Novel Coronavirus Medical Countermeasure Portfolio,” March 25, 2020, https://www.phe.gov/emergency/events/COVID19/Pages/BARDA.aspx; National Institute of Allergy and Infectious Diseases, https://www.niaid.nih.gov/; US Department of Defense, “Coronavirus: DOD Response,” https://www.defense.gov/Explore/Spotlight/Coronavirus/; and US Food and Drug Administration, “Coronavirus Disease 2019 (COVID-19),” https://www.fda.gov/emergency-preparedness-and-response/counterterrorism-and-emerging-threats/coronavirus-disease-2019-covid-19.

30. US Food and Drug Administration, “Emergency Use Authorization,” https://www.fda.gov/emergency-preparedness-and-response/mcm-legal-regulatory-and-policy-framework/emergency-use-authorization.

31. US Food and Drug Administration, “Step 3: Clinical Research,” https://www.fda.gov/patients/drug-development-process/step-3-clinical-research#Clinical_Research_Phase_Studies.

32. US Department of Health and Human Services, “Public Health Emergency Medical Countermeasures Enterprise,” January 29, 2020, https://www.phe.gov/Preparedness/mcm/phemce/Pages/default.aspx.

33. Centers for Disease Control and Prevention, Interim Updated Planning Guidance on Allocating and Targeting Pandemic Influenza Vaccine During an Influenza Pandemichttps://www.cdc.gov/flu/pandemic-resources/pdf/2018-Influenza-Guidance.pdf.

34. World Health Organization, “Prioritizing Diseases for Research and Development in Emergency Contexts,” https://www.who.int/activities/prioritizing-diseases-for-research-and-development-in-emergency-contexts.

35. Johns Hopkins Bloomberg School of Public Health, Center for Health Security, Vaccine Platforms: State of the Field and Looming Challenges, 2019, https://www.centerforhealthsecurity.org/our-work/pubs_archive/pubs-pdfs/2019/190423-OPP-platform-report.pdf.

36. US Department of Health and Human Services, “Hospital Preparedness Program (HPP),” https://www.phe.gov/Preparedness/planning/hpp/Pages/default.aspx.

37. Centers for Disease Control and Prevention, “Public Health Emergency Preparedness (PHEP) Cooperative Agreement,” March 27, 2020, https://www.cdc.gov/cpr/readiness/phep.htm.

38. Centers for Medicare & Medicaid Services, “Coronavirus (COVID-19) Partner Toolkit,” March 27, 2020, https://www.cms.gov/outreach-education/partner-resources/coronavirus-covid-19-partner-toolkit.

39. US Department of Veterans Affairs, “Coronavirus FAQs: What Veterans Need to Know,” https://www.va.gov/coronavirus-veteran-frequently-asked-questions/.

40. Johns Hopkins Bloomberg School of Public Health, Center for Health Security, Modernizing and Expanding Outbreak Science to Support Better Decision Making During Public Health Crises: Lessons for COVID-19 and Beyond, 2020, https://www.centerforhealthsecurity.org/our-work/pubs_archive/pubs-pdfs/2020/200324-outbreak-science.pdf.

image by pasja1000 from Pixabay
Letter to the Editor, April 13, 2020: Delay tax increases until economy recovers

This letter re-posted from The Richmond Times-Dispatch.

Delay tax increases until economy recovers

Editor, Times-Dispatch:

The op-ed column by Del. Dave LaRock, R-Loudoun, “We can do this; Gov. Northam can help,” was insightful and on target. One suggestion to Gov. Ralph Northam was to postpone for 12 to 18 months any legislation that imposes regulatory or financial burdens on Virginians or their businesses, including tax increases at the state or local levels. These impactful decisions should only be made after the full economic impact of the virus is known.

There are two proposed tax increases that I find hurtful: fuel taxes and tobacco taxes. Fuel taxes hurt tourism to our state, which impacts restaurants, hotels, parks, beaches, etc. These entities already have been decimated by the virus and will need help to reopen. Tobacco taxes hurt farmers, tobacco workers and convenience stores the most. Tobacco has helped Virginia’s economy for 400 years. Philip Morris USA donated an $8 million property to Richmond Public Schools and in return, the city increased taxes on cigarettes and now the state wishes to impose more. Both taxes bite the hands that help us.

The RTD’s Michael Martz reported that the General Assembly still intends to meet April 22 to take up amendments on winter session legislation. They should cancel the session and stay at home as per Northam’s own order. There is no way that Secretary of Finance Aubrey Layne, Northam chief of staff Clark Mercer or the governor himself can accurately predict where the economy will be in two weeks, much less two months. Postpone and give us a break.

Bob Putney.

Richmond.

Virginia Gun Control – Northam Signs Sweeping Laws

The Second Amendment takes yet another hit in Virginia.

By: Scott D. Cosenza, Esq. April 11, 2020

This article re-posted with permission from Liberty Nation.

Ending a month’s long battle over gun rights in Virginia, Governor Northam signed five new laws on Friday. The gun control struggle started after Democrats gained control over the government in November and was settled Friday. In July, when the new laws take effect, Virginia will go from being a pro-gun jurisdiction to something far less than that. But will it be a Pyrrhic victory?

Governor Northam announced that:

We lose too many Virginians to gun violence, and it is past time we took bold, meaningful action to make our communities safer… I was proud to work with legislators and advocates on these measures, and I am proud to sign them into law. These commonsense laws will save lives.”

And if they don’t?  Opposition to the laws is not just by those who would have liberty at the cost of safety, but see the new restrictions as harmful to both. Virginia Institute for Public Policy president Lynn Taylor* said, “[t]hese laws will make Virginians less safe, not more.” Her group advocates for free markets and individual liberty, and she was particularly concerned about the new “Red Flag” law.

This law, known colloquially as a red flag law, is called an Extreme Gun Violence Protection Order in Virginia. It provides for a new kind of court order that removes the gun rights of people without traditional safeguards for due process. While accused criminals have a bundle of rights to protect them from the state, these laws operate under the fiction that they are civil orders, allowing the state to run roughshod over the people. Taylor foresees a future where people are denied their fundamental rights and may act violently in response. She said the measure would “likely set off more conflict than it will cure, all the while decreasing the liberty of Virginians.”

Private Sales

Another measure prevents Virginians from selling guns to one another privately. The people will now have to get government permission and go to a gun store to complete any transfer. While these types of laws are often the easiest to sell to people outside the gun culture, in today’s lockdown society, we can easily see why they may be damaging to liberty. When the government asserts the power to require you to transfer guns only at gun stores, and then forces gun stores to remain closed, the problem becomes apparent.

Gun rights advocates have fought against the imposition of the new laws, leading a nationwide backlash against the Virginia legislature. Their efforts were not sufficient to prevent the passage of these laws, but they are far from defeated. Liberty Nation spoke with the president of the Virginia Citizens Defense League**, Philip Van Cleave, who coordinated the effort to stop the bills in the first place, claimed the legislation was an “attack on law-abiding people,” and that gun owners are sick of it. He was happy they got the worst of the legislation killed (a ban on “assault weapons”), and that what did pass was “watered down.”

The Next Battle

Now the fight will move forward on two fronts, in the courts, and the ballot box. Mr. Van Cleave went on to say that the group will be challenging much of the new legislation in court, as they plan to sue the commonwealth in short order. On the political front, the new legislators who won in November of 2019 should expect to have a much more difficult path to victory in 2021, seeking re-election. Gun rights advocates have long memories and a penchant for single-issue voting. That’s not all – the gun rights leader thinks President Trump may now see a significant bump in support for his re-election in Virginia. “They have awakened a sleeping giant.”

Other provisions passed include a one handgun per month purchase limit, new penalties for not reporting lost or stolen guns, and for allowing firearms to be unsecured in the presence of juveniles. Absent intervening action from the courts, most of these new laws become enforceable July 1.

*Ms. Taylor sits on the board of One Generation Away, the parent organization of Liberty Nation.

** The author has been a member of the VCDL

We can do this; Governor Northam can help

By Delegate Dave LaRock April 6, 2020

Column originally published in the Richmond Times-Dispatch

I hope you and your family are healthy and safe today. Few were prepared for what we are going through right now, but I know many of us are anxious about family members, jobs and our businesses. Despite all the bluster and politics, Virginia’s legislators are worried for both our families and yours. In considering what we can do to help Virginia make it through the COVID-19 fallout, there have been many promising suggestions.

To provide a little context, in October 1982, single-week unemployment claims spiked to an all-time high of 695,000 people — a record that even the 2008 recession failed to overturn. This was a scary time for America, but we had tough-minded people in key positions who were able to do what was necessary — Paul Volcker, Jimmy Carter and Ronald Reagan to name a few. Because of their efforts, America was able to forego quite a bit more pain than what the late 1970s and early 1980s could have inflicted.

In the week ending March 21, 2020, a record-setting 3,341,000 Americans filed initial claims for unemployment — roughly five times the record number from 1982. The advance figure for seasonally adjusted initial claims for the week ending March 28 was 6,648,000. In two weeks, 10 million Americans have lost their jobs. In Virginia, 160,000 of our friends and neighbors have become unemployed in the past two weeks. Don’t misunderstand, the point of this article is not to lament over the startlingly high number of people claiming unemployment, although these numbers are indicative of where we stand right this moment.

I am writing to call on those tough-minded men and women who are prepared to do what’s necessary to get Virginia through this crisis.

The budget passed in this past General Assembly session made certain rosy assumptions that can no longer be considered reasonable. Most importantly, these assumptions led the commonwealth to forecast a 17% cumulative growth in revenue between fiscal years 2019 and 2022 — very rosy, indeed. I think we can agree that this projection is unlikely at best, if not impossible.

Virginia Secretary of Finance Aubrey Layne recently forecast that we will take a $1 billion hit to state revenues. That’s a shortfall of approximately 3%, which fits well with those reports from early March suggesting that we might see a contraction of 3% to 5% of gross domestic product (GDP). Unfortunately, those forecasts have since been updated to indicate the contraction is expected to be between 10% and 25% of GDP. At this point in time, a $1 billion shortfall in Virginia state revenues appears too optimistic.

I think you know what I am getting at here. Our biennial budget, as it stands today, is frankly impossible to fund, much less to balance. This is not the position we, as a state, want to be in, particularly considering our rainy day fund is $1.9 billion (76%) underfunded, the state pension plan is $19 billion (22%) underfunded, and four of the six state postemployment funds — known as other post-employment benefits (OPEB) — are underfunded from a low of 17% to as much as 87% (this last figure being particular to health care funding for retired teachers). What’s the solution? This might be the simplest answer of this whole mess: There are two specific actions Gov. Ralph Northam should take.

First, deal with legislation recently passed; the governor should add a re-enactment clause to any bill passed in the 2020 session that will impose additional regulatory or financial burdens on Virginians or their businesses, including any increased taxes at the state or local level.

This would mean the General Assembly will re-look at these bills in the 2021 session, once we see how our economy is faring. What might have seemed like a good idea in rosy economic times could easily intensify already tough times. Second, deal with state spending; considering the difficult times to come, the governor needs to offer amendments to begin shifting Virginia’s budget toward a preparatory stance. Specifically, state spending from the General Fund that is not essential should be made contingent on hitting specific revenue benchmarks as we move forward in the next 12 to 18 months. In other words, we spend the money we have, not the money we wish we had.

It’s time Virginia focuses on how COVID-19 is affecting our citizens first, and on our own pet projects second. Northam can make this happen and save us all an excess of heartache and anxiety. The longest economic expansion in history is over. The potential for suffering is high but preparation can help.

Recommendations to Governor Northam re: Virginia’s Solvency

Virginia Del. Dave LaRock’s letter to Gov. Northam (download pdf)

 

Virginia Passes Major Renewable Energy Legislation
Re-posted with permission from Heartland.org.
MARCH 24, 2020
The newly minted Democratic majority legislature in Virginia narrowly passed sweeping legislation designed to overhaul how the state’s utilities generate electricity, sending the bill on to Gov. Ralph Northam for his expected signature.

Multiple Mandates

The Clean Economy Act (CEA), passed March 6, essentially codifies the 100 percent carbon-dioxide-free energy goals outlined in an executive order from Gov. Ralph Northam in September 2019. It also strips the state’s utility regulators of much of their oversight authority over the regulation and approval of electric utilities and puts Virginia on the path to 100 percent renewable energy by 2050.

CEA “directs the [State Air Pollution Control Board] to adopt regulations establishing a carbon dioxide cap-and-trade program to limit and reduce the total carbon dioxide emissions released by electric generation facilities, which regulations shall comply with the Regional Greenhouse Gas Initiative [RGGI] model rule,” the legislation states.

RGGI is a cooperative agreement between Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Rhode Island, and Vermont to cap and reduce carbon dioxide emissions from the power sector through regulation.

Preapproval Requirements

Aside from taking Virginia into RGGI, CEA would restrict the Virginia State Corporation Commission’s (SCC) traditional authority to approve new power generation facilities, barring it from approving “any investor-owned utility to own, operate, or construct any electric generating unit that emits carbon [dioxide] as a byproduct of combusting fuel to generate electricity” until the state legislature has had a chance to review a report concerning carbon dioxide emissions being undertaken by Virginia’s Air Pollution Control Board.

The bill also requires utilities and the SCC to consider the social cost of carbon when reviewing the need for a new generation facility.

As part of the effort to meet the target of producing all the state’s electricity from sources that emit no carbon dioxide during operation by 2050, the legislation sets targets for energy storage and offshore wind. The law requires the SCC to approve a minimum of 2.4 gigawatts (Gw) of new energy storage projects by 2035 and set interim targets for storage between now and then. In addition, CEA directs the SCC to expedite the approval of 5.2 Gw of offshore wind by the end of 2034.

The CEA also requires utilities to undertake programs, overseen by the SCC, to reduce the use of electricity by Virginians through conservation measures and programs. Under the bill, utilities should reduce their customers’ electricity use 5 percent below current levels by 2025 and maintain programs to continue reducing use thereafter.

Concerns Energy Costs

Before CEA’s final adoption, state officials warned about the cost of its renewable energy requirements to ratepayers, because offshore wind and battery storage are more expensive than traditional fossil fuel power plants or even other forms of renewable energy.

An analysis of a preliminary version of the bill conducted by the SCC concluded the typical residential household would likely see an increase of $23.30 per month on its monthly electric power bills between 2027 and 2030, solely attributable to the bill’s renewable energy requirements.

In testimony before a state Senate committee developing the bill, Attorney General Mark Herring’s (D) office expressed reservations the bill expressly calls for eliminating the SCC’s role in determining whether the “enormous costs” of implementing the bill’s provisions are reasonable and prudent and therefore can be passed on to ratepayers.

“In our view, the legislation will prevent the regulator from being able to work to accomplish the Commonwealth’s clean-energy goals in a manner consistent with ratepayer protections,” Meade Browder, a senior assistant attorney general, testified before the Senate.

Unnecessary, Premature Closures

CEA will shutter valuable power facilities with years of useful operating life remaining, all for no environmental gain, says Paul Driessen, a senior policy analyst with the Committee for a Constructive Tomorrow (CFACT).

“The Virginia bill would mean tearing down numerous generating stations that have many productive years remaining, and replacing them with hundreds of gargantuan offshore wind turbines, solar installations totaling several times the land area of Washington, D.C., and tens of thousands of Tesla-style backup batteries,” Driessen said. “The price of electricity for air conditioning, computing, cooking, heating, lighting, recharging cell phones and other mobile devices, refrigeration, and other costs will skyrocket for businesses, charitable organizations, churches, families, factories, government agencies, hospitals, and schools.

“The renewable energy technologies would require millions of tons of antimony, carbon fiberglass composites, concrete, copper, rare-earth elements, steel, and other raw materials mined on the cheap overseas with little attention to U.S. laws, regulations, or ethical standards for child labor, workplace safety, fair wages, air and water pollution, wildlife preservation, or mined land reclamation,” Driessen said.

‘Unregulated Corporate Protectionism’

Passage of the CEA reverses progress the legislature had been making to defend ratepayers from monopolistic practices, says Lynn Taylor, president of the Virginia Institute for Public Policy.

“This year there have been a number of promising bipartisan efforts within the General Assembly to regain control of the regional energy monopolies in Virginia,” Taylor said. “In lieu of reasonable reform, the legislature chose to support unregulated corporate protectionism.

“Virginians will ultimately be saddled with the environmental and financial costs of the governor’s poorly conceived ‘clean power’ act for years to come,” Taylor said. “In the long run, a dramatic expansion of nuclear power in Virginia may be the only fragmented solution to serious problems exacerbated by this act.”

Bonner R. Cohen, Ph.D. ([email protected]) is a senior fellow at the National Center for Public Policy Research and a senior policy analyst with CFACT.

Strict Voter Identification Laws, Turnout, and Election Outcomes

This research brief is republished with permission from CATO Institute.

February 19, 2020

By Mark Hoekstra and Vijetha Koppa

From 2000 to 2018, 20 states enacted voter identification requirements, bringing the total to 34 states. The most pronounced shift has been toward strict voter identification. While no states had such laws in 2000, 10 states had enacted (and sustained) such laws as of 2018. Under strict requirements, a vote is counted only if the voter produces a photo ID (in seven states) or nonphoto ID (in three states) within a specified period. These laws are controversial and have come under immense public and legal scrutiny. Proponents argue that these laws are necessary for protecting the election process from fraud and note that identification is required for other normal life activities. Critics argue that voter impersonation fraud is rare and that the laws are designed to disenfranchise low‐​income and minority voters. They also note that as many as 11 percent of American adults lack a valid photo ID required to vote and argue that there are significant costs and impediments associated with acquiring a valid ID. The purpose of this paper is to evaluate the potential effects of these strict voter identification laws on voter turnout and election outcomes

Assessing the causal impact of these laws is difficult for multiple reasons. The infrequency of elections, the recent enactment of these laws, and the fact that the vast majority of prospective voters have IDs make it difficult to evaluate the effects. In addition, ongoing legal challenges muddy the waters. For example, Texas’s strict voter law was enacted in May of 2011, struck down by a federal court in August of 2012, reinstated in June of 2013, struck down again in October of 2014, reinstated five days later, and ultimately struck down by the U.S. Court of Appeals for the Fifth Circuit in July of 2016. In 2017, Texas passed a nonstrict version of the law in which a voter without an ID could cast a provisional ballot and have it counted by signing an affidavit, bringing an end to the seven‐​year‐​long litigation. While Texas is perhaps an extreme example, the general legal ambiguity of these laws raises questions as to whether voters correctly perceived whether the law was in effect and what the law required.

To overcome these challenges, we take a novel approach toward addressing these laws’ impact on turnout and election outcomes. Rather than attempt to identify effects using a typical policy evaluation methodology, we carefully document how many people vote without IDs in states that do not (yet) have strict voter identification laws. Specifically, we use administrative voting records from Michigan and Florida to identify the size of the voting population that potentially could be either fraudulent (if you believe the laws’ proponents) or disenfranchised (if you believe the critics). Both Michigan and Florida have nonstrict voter identification laws, which means they ask for IDs from voters but have provisions through which votes may be cast and counted without voters actually producing IDs. Michigan counts votes cast by voters without IDs after they sign legal affidavits regarding their identities at the polls. Florida allows voters without IDs to cast provisional ballots and then counts the ballots if their signatures at the polls match those on their voter registration forms. Importantly for this study, because of these provisions, both states track the number of ballots cast by individuals who did not have IDs.

Using these data, we are able to record the number of votes cast by individuals without IDs. In doing so, we identify the maximum number of votes cast that might not have been cast and counted if a strict voter ID law were passed in these states. This enables us to show, under a variety of conservative assumptions, the maximum extent to which a strict voter ID law would reduce turnout or affect election outcomes. The strength of this approach is that it enables us to estimate the impact of a strict voter identification requirement without relying on assumptions regarding the counterfactual. In contrast, we identify clear upper bounds of the effect of the law on both turnout and election outcomes. We view this as the central contribution of our study.

The limitations of this approach are twofold. While we can clearly identify effects for potential laws if they are passed in the (large) states of Michigan and Florida, it is an open question as to whether the results would extend to other states. In particular, our results are most relevant for the more than 20 states that already have some voter identification laws in place; we would expect our results to be less relevant for the minority of states that have no voter identification requirements. In addition, while we expect our approach to overestimate effects, given that some people without an ID would acquire one if a law were passed, we do not account for effects on voters who already have the necessary ID. For example, we will not capture effects on those who falsely perceive that the law affects their ability to vote or those who are more likely to vote because they perceive an improvement in election integrity.

Results indicate that there is little scope for strict voter identification laws to affect voter turnout. This finding stems directly from the extremely small number of votes cast by individuals without IDs, even in settings where such votes are explicitly allowed and counted. Specifically, we show that a voter identification law would reduce turnout by no more than 0.06 percent in Florida and 0.2 percent in Michigan. This suggests that at least in these two states, very few voters without IDs choose to vote even when they can.

Unsurprisingly, the small effects on turnout imply that there are very few elections in our sample that could have been affected by a strict voter ID law. Even under the most extreme assumption — that all votes for the winner (and none for the runner‐​up) cast without an ID would be excluded under strict law — we estimate that a strict law could have changed the outcome in fewer than 0.35 percent of local elections and 0.09 percent of state and national elections in Florida. Similarly, we show that fewer than 0.55 percent of state and national elections in Michigan could have been affected. Estimates under more reasonable assumptions result in even smaller (and likely more accurate) potential electoral impacts. In short, the evidence presented here indicates that even if the worst fears of critics or proponents were true — that all those who would have voted without IDs are fraudulent or that all would be disenfranchised — it would have at most a tiny effect on election turnout and outcomes.

To our knowledge, this is the first paper to use administrative data to carefully document the number of voters who voted without IDs and the number of elections that could potentially be affected by strict voter identification laws. In doing so, it complements two other strands of literature on voter identification laws. The first has focused on estimating the number of people in the general population who lack the identification necessary to satisfy strict voter identification laws. Estimates are generally nontrivial, giving rise to concern about these laws’ potential effects. A national survey reports that nearly 7 percent of U.S. citizens did not have ready access to documents providing proof of citizenship and that as many as 11 percent of citizens lacked government‐​issued photo identification. Studies have also documented that the lack of identification is concentrated among those who are low‐​income, female (often due to name change after marriage), elderly, African American, or Hispanic. Similarly, the American National Elections Studies indicates that 7 percent of citizens lack a government‐​issued photo ID. The estimates in this paper do not necessarily imply that those estimates are overstated. Rather, it is possible that the vast majority of individuals without identification do not vote even in the absence of a strict ID requirement. This could be because they have little interest in voting or because they mistakenly believe that their vote will not be counted if they do not have an ID despite efforts by the states to make it clear that the votes count. Regardless, our results indicate that a change from a nonstrict voter ID law to a strict law — the margin over which the most‐​serious legal challenges have been raised — is unlikely to have a meaningful effect on voter turnout or election outcomes.

In addition, our paper also contributes to the literature that uses policy evaluation methodologies to identify the effects of these laws. Results from those studies are mixed, with some finding increased turnout and others finding significant declines. The advantage of our approach relative to these studies is that we can assess the prospective effects of the laws without making assumptions about the counterfactual.

Our results suggest that the practical importance of strict voter identification laws is likely overstated. Specifically, our findings indicate that unless voters without identification in other states vote at much higher rates than their counterparts in Michigan and Florida or unless the laws affect the voting of citizens who have IDs, the passage of these laws is unlikely to affect voting behavior and election outcomes.

NOTE:
This research brief is based on Mark Hoekstra and Vijetha Koppa, “Strict Voter Identification Laws, Turnout, and Election Outcomes,” NBER Working Paper no. 26206, August 2019, https:// www​.nber​.org/​p​a​p​e​r​s​/​w​26206.

Certificate of Need Laws Will Impede Preparedness For The Expected Surge in COVID-19 Cases

Republished with permission from CATO Institute.

March 11, 2020

By Jeffrey A. Singer

The number of confirmed cases of COVID-19 infection in the U.S. continues to increase. All indications are that we are now just seeing the tip of the iceberg. Hospitals across the country are gearing up for an anticipated deluge of sick patients in their emergency departments, and hospital admissions that will stress—and possibly overwhelm—their intensive care units and general bed capacity. In response to the outbreak in China, a 1,000-bed isolation hospital was constructed in just 10 days—a feat that would be difficult to replicate in this country with its web of federal, state, and local regulations.

In today’s Washington Examiner, Lindsey Killen of the Mackinac Center for Public Policy and Naomi Lopez of the Goldwater Institute draw attention to the archaic Certificate of Need Laws (CON laws) that continue to exist in 38 states. These state laws, promoted by the National Health Planning and Resource Act of 1974, were intended to reduce health care costs by eliminating redundancy in health care delivery systems. They vary from state to state, but essentially require a panel to review any plans by hospitals or other health care organizations to expand, build new hospitals, or in some cases, add equipment. The review panels include incumbent health care organizations. Imagine a CON law for restaurants that empanels existing restaurant owners to review applications by persons wishing to build a new restaurant or expand the capacity or offerings of an existing one. It doesn’t take long to understand how that turns into an incumbent protection law. By the early 1980s it became clear, as in all cases of central planning, that CON laws were doing nothing to reduce health care costs and may have had the opposite effect. The federal law was repealed during the Reagan Administration.

More than 3 decades after repeal of the federal law, CON laws persist in 38 states and attempts to reform or repeal them are often met by fierce resistance from incumbents who try to make the case that they only have the interests of the general public in mind. If the expected surge in COVID-19 cases exceeds the capacity of hospitals and emergency rooms, resulting in avoidable deaths, at least some of the blame belongs to CON laws, an example of central planning reminiscent of the “5‑year plans” of the Soviet politburo.

Killen and Lopez alert readers to a paper released last week by the Goldwater Institute’s Christina Sandefur, entitled Competitor’s Veto: State Certificate of Need Laws Violate State Prohibitions on Monopolies,” that makes the case that, in addition to the economic and public health consequences of these outdated laws, CON laws violate state constitutions.

A public health crisis such as the one that now confronts us provides an opportunity to review and repeal laws and regulations that impede preparedness. Certificate of Need Laws are low hanging fruit.

Bloomberg Privately Funds Attorneys in State AG Offices While Running for President

Posted to Politics February 16, 2020 by 

Republished from InsideSources.com

Michael Bloomberg’s billions aren’t just buying ads. In at least two Super Tuesday states, his money funds private lawyers working inside attorneys general offices, advancing his political agenda on the environment.

One Democrat AG compares accepting this private funding from a political candidate with federal funding from “President Trump’s” Department of Justice.

Bloomberg Philanthropies gave $6 million in 2017 to create the New York University School of Law’s Environment and Energy State Impact Center to provide lawyers to state attorneys general whose sole focus would be on environmental and climate change lawsuits and regulatory actions.

Massachusetts and Minnesota, whose Democratic voters will go to the polls on Super Tuesday, are among at least 10 states where activist attorneys are working for the state AGs offices but are paid through the Impact Center. Their mission is to promote state legal action to advance Bloomberg’s political views, such as lawsuits against energy companies.

“Candidates who are approved by the attorneys general and the State Impact Center will receive offers to serve as SAAGs (or the equivalent appropriate title within the office) from the attorneys general, based on an understanding that they will devote their time to clean energy, climate change and environmental matters,” Impact Center Executive Director David J. Hayes wrote in an email inviting attorneys general to apply for the program.

Hayes is a former deputy secretary and chief operating officer of the Department of the Interior for Presidents Clinton and Obama.

The email, obtained by Climate Litigation Watch, was sent to attorneys general offices in California, Hawaii, Illinois, Kentucky, Maine, Mississippi, New Mexico, Oregon, Rhode Island, Vermont, Virginia, Washington, and Washington, D.C., on Aug. 25, 2017. The email noted that the State Impact Center would pay the law fellows’ salaries and explained that each would be an experienced attorney in environmental or related law.

New York participates in the program, and in December lost what environmental activists had dubbed “the trial of the century” against ExxonMobil. Originally brought by former Attorney General Eric Schneiderman, the three-week trial ended with state Supreme Court Justice Barry Ostrager ruling that the energy giant had neither misled investors about the impact of climate change nor broken any state laws.

In the run-up to the trial, lawyers for ExxonMobil objected to what they saw as a conflict of interest in having “two employees of private parties who are currently working in the [New York] Attorney General’s Office … selected and paid for by private interests who were pursuing an agenda” involved in the case, according to a court transcript. ExxonMobil attorney Justin Anderson said the lawyers are “compensated entirely by this third-party … that’s funded by Michael Bloomberg’s philanthropy.”

Kevin Wallace, acting chief for the Investor Protection Bureau for the New York Attorney General, accused ExxonMobil of “picking on an individual, a young lawyer.” Emails from Maryland Attorney General Brian Frosh obtained by Climate Litigation Watch, however, indicate that the legal fellows are experienced attorneys.

“Do you know anyone five to 10 years out of school who would be interested in saving the planet from the predations of [former  EPA Administrator] Scott Pruitt and [former Interior Secretary] Ryan Zinke?” Frosh emailed to the dean of Yale Law School. Frosh served as a recruiter for the State Impact Center program, frequently exchanging emails with Hayes.

A spokesman for the State Impact Center declined to answer questions about the program, including whether anyone other than Bloomberg Philanthropies has provided funds for the legal fellows program. The spokesman also declined to comment on whether there was a conflict of interest with Bloomberg running for president while funding assistant attorneys general in at least 10 offices.

“The nonpartisan State Energy & Environmental Impact Center at the NYU School of Law brings academic rigor and independence to its mission of supporting state attorneys general who are protecting existing environmental regulations, addressing climate change and respecting the law,” spokesman Tom Lalley said in an email. He also declined to name any participating attorneys general who are Republicans to back up the “nonpartisan” description of the program.

Most of the attorneys general offices known to be participating in the program declined to comment either on the program or on the potential conflicts of interest accepting funding from Bloomberg Philanthropies.

Massachusetts Attorney General Maura Healey, whose office participates in the program, is suing ExxonMobil in a case that bears several similarities to New York’s. Healey’s office declined to comment.

A spokesman for New Mexico Attorney General Hector Balderas compared private money given through an individual’s foundation to federal tax dollars.

“Our office accepts fiscal support from President Trump by way of the Department of Justice, as well as NYU, because the Attorney General is independent and only focused on representing the interests of New Mexico,” said spokesman Matt Baca.

Although Bloomberg is a late entrant to the Democratic presidential primary, he has already far outspent his opponents. According to Advertising Analytics, he has spent $209.3 million on broadcast television, $13.7 million on cable, $1.1 million on radio, and $27.2 million on digital ads. His Super Bowl ad reportedly cost $10 million.

Bloomberg’s campaign is entirely self-financed, and he is presenting himself as a centrist in a field crowded with candidates from the progressive left. The Democratic National Committee recently dropped a requirement that candidates receive a minimum number of donors to qualify for debates, prompting an outcry from some former candidates who were unable to meet the arbitrary thresholds that Bloomberg was using to buy his way to the nomination. Bloomberg skipped the Iowa Caucuses to focus on Super Tuesday states.

Steve Milloy, founder of JunkScience.com and a senior fellow with the Energy & Environment Institute, severely criticized Bloomberg’s donations to New York University and the legal fellows program.

“God help anyone on the right who tried to do that,” Milloy said. “The Left and allies in the [mainstream media] would be in total outrage mode if they discovered that the NRA or pro-life movement had funded state AGs to carry out the groups’ political agenda.”

A spokeswoman for the NRA scoffed at the privately funded program.

“No one should be surprised,” said spokeswoman Amy Hunter. “This is yet another example of billionaire Michael Bloomberg using his money to impose his personal agenda on the American people. He wants to be emperor of America, and make every citizen his subject.”

Independent Institute’s List of Books on the Folly of Socialism

What everyone should know about the practical and moral failures of the socialist project

March 11, 2020

Republished with permission from Independent Institute.

(Oakland, CA)—A list of about forty books on the folly of socialism has been downloaded thousands of times and has been endorsed by economists, scholars, and journalists around the world.

More than 30 years after Soviet premier Mikhail Gorbachev implemented reforms that helped burn the ideal of a planned economy to the ground, socialist doctrines are once again gaining in popularity, especially among young people.

The list was compiled by Independent Institute Senior Fellow Williamson Evers, Ph.D., who offers this “counter curriculum” highlighting some of the most insightful critiques of socialism ever written. The list of books highlights the necessity of competition and voluntary free markets, rather than coercive monopolies of industries such as energy, banking, and technology in a socialist society.

“If you can read just one book on this list, then make it Red Plenty, by Francis Spufford,” says Evers. “If you can read only two, make your second pick Socialism: An Economic and Sociological Analysis, by Ludwig von Mises.”

Evers tells young people enamored with Scandinavian-style socialism, that most so-called democratic socialist countries are actually capitalist countries with high income taxes but also with no price controls such as minimum wage laws, and actually have freer trade than the United States in many cases. Real socialism, says Evers, usually promises the public that it will be democratic socialism, but soon puts into effect dictatorship and the crushing of constitutional liberties.

Books on the list include; The Gulag Archipelago, by Alexander I. Solzhenitsyn, Nineteen Eighty-Four, by George Orwell, and The Road to Serfdom, by F. A. Hayek.

The complete list of books can be found at this link on the Independent Institute’s website.

State Versus Federal Licensure in Telemedicine

Published on InsideSources December 23, 2019 by

State Versus Federal Licensure in Telemedicine

Telemedicine challenges the established order of medical licensure in the United States. Medical treatment with a physician in one place and a patient in another raises questions about the efficiency and constitutionality of state-by-state licensure.

Generally, a physician can only practice medicine in states where he or she holds a medical license, regardless of whether the doctor and patient are meeting in person or via electronic means (video conferencing, remote monitoring, online prescriptions, asynchronous consultation, email, or telephone conversations). Some states have partially lowered state-line barriers via mechanisms like the Interstate Medical Licensure Compact.

Fragmentary licensing makes it difficult for telemedicine providers to serve the entire country. A recent CNBC article said that a doctor who wished to practice telemedicine across the entire United States would have to spend around $90,000 and countless hours to obtain licenses in every state—followed by permanent efforts to maintain the licenses.

To minimize queuing and capture economies of scale, it’s important for telemedicine providers to have broad, multistate reach. If I take ill at night while a flu epidemic rages here in Virginia, I might have difficulty reaching an overburdened Virginia telemedicine doctor. But, with access to doctors in all 50 states, there’s a far better chance that I’ll get rapid, potentially lifesaving service. State-by-state licensing inhibits this capability. Presumably, nationwide reach also increases competition, with the potential for cost reduction and quality improvement.

I live in Virginia, and it’s perfectly fine for me to visit a doctor in Texas. However, if I wished to consult with the same doctor via video link from Virginia, the doctor would presumably require a Virginia license as well as a Texas license. Present-day law somewhat arbitrarily presumes that an encounter occurs where the patient sits—not where the doctor sits.

And suppose I engage with the Texas doctor while I’m visiting Florida and the doctor is in Hawaii? Is our encounter deemed to occur in Virginia, Texas, Florida, or Hawaii? Perhaps there’s a simple legal answer, but I’ve raised the question before enough audiences to think the answer isn’t crystal-clear.

Telemedicine adds a powerful new element to America’s health care system. It provides near-instantaneous access to care from any location, at any time, on any day. Cost-benefit analysis requires us to ask how often state-by-state licensing prevents, delays, or heightens the cost of care, along with asking whether state-by-state licensing somehow protects patients better than, say, a regime of national licensing.

This matters, because telemedicine increases access to care in ways that were unimaginable before the digital era. Imagine a Spanish-speaking migrant family whose child becomes ill on a remote ranch in the middle of the night. With telemedicine, a cellphone allows them to reach a Spanish-speaking doctor within minutes. Think of the access challenges faced by members of other linguistic minorities, Native Americans on reservations, people with mobility problems, people in neighborhoods lacking public transportation, those busy with work and childrearing, and individuals who take ill at odd hours and in isolated places.

I once wrote about a physician who saved a woman’s life because she was able to call him at night from her home, rather than waiting for a regular in-person appointment. At age 92, my own mother likely survived a potentially fatal illness because her grandson, a physician, recognized her illness in the course of a social video call on FaceTime. Ever since, I’ve thought that one shouldn’t require a physician in the family to enjoy such care.

When state-by-state medical licensing was devised, these weren’t issues. If you saw a doctor, you were face-to-face in the same state. Telephone calls or mail would likely have been the only potential exceptions. But today, sophisticated communication at a distance is omnipresent in our lives.

There is virtue in the principle of allowing states to manage economic activity within their individual boundaries—“laboratories of democracy,” in the words of Justice Louis Brandeis. But there is also virtue in erasing those lines for some purposes, a principle enshrined in the Constitution’s interstate commerce clause. Philosophically, I grapple with the tension between these two principles. I also wonder whether that tension may ultimately find its resolution at the Supreme Court.

VIPP President Speaks in Support of the Virginia Energy Reform Act

Virginia Institute for Public Policy’s President Lynn Taylor speaks at the January 7th press conference during which Delegate Lee Ware (R) and Delegate Mark Keam (D) announced the Virginia Energy Reform Act as part of the legislative package to be submitted for the 2020 General Assembly session. The goal of the legislation is to lower consumer energy costs by ending monopoly control and creating competition in the retail market of Virginia’s electricity system.

Virginia Has Become An Overnight Tidal Wave Of Second Amendment Sanctuaries

The sudden flood of resolutions to protect gun owners will soon envelop most of the state.

Published Sunday, November 24, 2019 4:30 pm
Gun Rights Watch article by Gun Rights Watch – Chief Editor

This article is re-posted with permission from Gun Rights Watch.

Map of Virginia Second Amendment Sanctuary Counties

For a larger version of this map, click here.

Members of the media wishing to use this image, please email us at [email protected] and we will send you a full-size PNG map of the highest quality.

Chief Editor’s Note:
Virginia’s Second Amendment Sanctuary movement is a fluid, fast-moving situation. This article is being published with some information intentionally missing. We’ll keep editing this story throughout the days and weeks to come. Please check back again for additional or updated information.

In a series of rapidly changing developments, Virginia is undergoing wholesale rebellion by rural and even suburban counties, rejecting the oppressive gun control agenda recently revealed by the new incoming Democrat-controlled legislature. Gun owners all across Old Dominion have been up in arms since anti-gun forces took the House and Senate in the recent election and are now preparing to resist having their arms taken from them in any way possible.

Enter Second Amendment Sanctuary Counties.

The county-level defensive tactic that began originally in Oregon close to a decade ago, then popularized in Illinois, has spread to over a dozen states. It comes as no surprise that with few other options and little to lose, many communities in the state are vowing not to take part in any gun confiscation schemes or enforcement of unconstitutional laws designed to make private citizens less able to defend themselves.

The speed at which they reacted is a testament to how furious they are that their state government now wishes to infringe on their rights. An even dozen counties have passed gun owner sanctuary resolutions already, with new ones coming on a near-daily basis. Here’s the list and what we know so far:

Municipalities That Passed a Second Amendment Sanctuary Resolution:
(green or dark green)

  1. Carroll County – passed resolution on 5/13/2019
  2. Campbell County – passed resolution on 11/7/2019
  3. Charlotte County – passed resolution on 11/13/2019
  4. Patrick County – passed resolution on 11/18/2019
  5. Appomattox County – passed resolution on 11/18/2019
  6. Pittsylvania County – passed resolution on 11/19/2019
  7. Lee County – passed resolution on 11/19/2019
  8. Dickenson County – passed resolution on 11/19/2019
  9. Dinwiddie County – passed resolution on 11/20/2019
  10. Giles County – passed resolution on 11/21/2019
  11. Nottoway County – passed resolution on 11/21/2019
  12. Sussex County – passed resolution on 11/21/2019
  13. King William County – passed resolution on 11/25/2019
  14. Powhatan County – passed resolution on 11/25/2019
  15. Southampton County – passed resolution on 11/25/2019
  16. Wythe County – passed resolution on 11/26/2019
  17. Madison County – passed resolution on 11/26/2019
  18. Washington County – passed resolution on 11/26/2019
  19. Henry County – passed resolution on 11/26/2019
  20. Botetourt County – passed resolution on 11/26/2019
  21. New Kent County – passed resolution on 11/27/2019
  22. Town of Rural Retreat – passed resolution on 11/27/2019
  23. Bland County – passed resolution on 11/27/2019
  24. Town of Exmore – passed resolution on December 2nd
  25. Louisa County – passed resolution on December 2nd
  26. Halifax County – passed resolution on December 2nd
  27. Buchanan County – passed resolution and ordinance on December 2nd
  28. Rappahannock County – passed resolution on December 2nd
  29. Greensville County – passed resolution on December 2nd
  30. Russell County – passed resolution on December 2nd
  31. Culpeper County – passed resolution on December 3rd; Sheriff may deputize citizens to resist
  32. Roanoke County – passed resolution on December 3rd
  33. Gloucester County – passed resolution on December 3rd
  34. Middlesex County – passed resolution on December 3rd
  35. Page County – passed resolution on December 3rd
  36. Tazewell County – passed 2 resolutions on December 3rd
  37. City of Norton – passed resolution on December 3rd
  38. King George County – passed resolution on December 3rd
  39. Allegheny County – passed resolution on December 3rd
  40. Amherst County – passed resolution on December 3rd
  41. Orange County – passed resolution on December 3rd
  42. Scott County – passed resolution on December 4th
  43. Augusta County – passed resolution on December 4th; will join lawsuit against state.
  44. Craig County – passed resolution on December 5th
  45. Bedford County – passed resolution on December 9th
  46. Buckingham County – passed resolution on December 9th
  47. Town of Crewe – passed resolution on December 9th
  48. City of Franklin – passed resolution on December 9th
  49. Town of Grottoes – passed resolution on December 9th
  50. King and Queen County – passed resolution on December 9th
  51. Mecklenburg County – passed resolution on December 9th
  52. City of Poquoson – passed resolution on December 9th
  53. Rockbridge County – passed resolution on December 9th
  54. Town of Rocky Mount – passed resolution on December 9th
  55. Shenandoah County – passed resolution on December 9th
  56. Bath County – passed resolution on December 10th
  57. Town of Big Stone Gap – passed resolution on December 10th
  58. Town of Bluefield – passed resolution on December 10th
  59. Caroline County – passed resolution on December 10th; Sheriff says he will form a militia if necessary.
  60. City of Chesapeake – passed resolution on December 10th; they used the term “constitutional” instead of sanctuary, but resolution is otherwise the same.
  61. Cumberland County – passed resolution on December 10th
  62. Floyd County – passed resolution on December 10th
  63. Greene County – passed resolution on December 10th
  64. City of Martinsville – passed resolution on December 10th
  65. Nelson County – passed resolution on December 10th
  66. Prince George County – passed resolution on December 10th
  67. Prince William County – passed resolution on December 10th
  68. Smyth County – passed resolution on December 10th
  69. Spotsylvania County – passed resolution on December 10th; Sheriff vows to not enforce Red Flag laws.
  70. Town of Strasburg – passed resolution on December 10th
  71. Warren County – passed resolution on December 10th
  72. Colonial Heights – passed resolution on December 10th
  73. City of Covington – passed resolution on December 10th
  74. Town of Bedford – passed resolution on December 10th
  75. Town of Cedar Bluff – passed resolution on December 10th
  76. Fluvanna County – passed resolution on December 11th
  77. Rockingham County – passed resolution on December 11th
  78. Frederick County – passed resolution on December 11th
  79. Westmoreland County – passed resolution on December 11th
  80. Hanover County – passed resolution on December 11th
  81. Brunswick County – passed resolution on December 11th
  82. Grayson County – passed resolution on December 12th;  Sheriff also may deputize citizens to resist
  83. Isle of Wight – passed resolution on December 12th
  84. Lancaster County – passed resolution on December 12th
  85. Lunenburg County – passed resolution on December 12th
  86. Town of Mineral – passed resolution on December 12th
  87. Northumberland County – passed resolution on December 12th
  88. Richmond County – passed resolution on December 12th
  89. Wise County – passed resolution on December 12th
  90. Town of Blackstone – passed resolution on December 16th
  91. Franklin County – passed resolution on December 17th
  92. Town of Pulaski – passed resolution on December 17th
  93. Matthews County – passed resolution on December 17th
  94. Prince Edward County – passed resolution on December 17th
  95. Town of Vinton – passed resolution on December 17th
  96. Stafford County – passed resolution on December 17th
  97. Town of Altavista – discovery of previously passed resolution on Dec. 19th
  98. Town of Chilhowie – discovery of previously passed resolution on Dec. 19th
  99. Town of New Market – discovery of previously passed resolution on Dec. 19th
  100. Town of Saltville – discovery of previously passed resolution on Dec. 19th
  101. City of Buena Vista – passed resolution on December 21st
  102. Charles City County – passed resolution on December 23rd

Municipalities That Passed a Second Amendment Resolution, But Refused to Use The Word Sanctuary:
(light green)

  1. Goochland County – passed resolution on December 3rd
  2. Surry County – passed resolution on December 5th
  3. City of Galax – passed resolution on December 9th
  4. City of Bristol – passed resolution on December 9th
  5. James City County – passed resolution on December 10th
  6. Northampton County – passed resolution on December 10th
  7. Henrico County – passed resolution on December 10th
  8. Pulaski County – passed resolution on December 16th; Sheriff vows to not enforce any unconstitutional laws.
  9. Montgomery County – passed resolution on December 16th; Sheriff vows to not enforce Red Flag laws.
  10. York County – passed resolution on December 17th
  11. Amelia County – passed resolution on December 18th; Sheriff vows to not enforce any unconstitutional laws
  12. Suffolk County – passed resolution on December 18th
  13. Accomack County – passed resolution on December 18th
  14. Fauquier County – passed resolution on December 23rdSheriff vows to not enforce any unconstitutional laws; Commonwealth’s Attorney vows not to prosecute

Municipalities Having a Hearing or Confirmed To Be Voting Soon:
(yellow)

  • Clarke County – had hearing on December 17th; will vote at next meeting on January 6th
  • Highland County – voting on January 7th
  • Essex County – voting on January 7th
  • City of Waynesboro – hearing or voting on January 13th
  • City of Lynchburg – failed by one vote on December 10th; meeting on January 1st; voting on January 14th

Other Counties Or Cities That Have Efforts To Get A Hearing Or Vote Soon:
(orange)

  • Town of Bowling Green – movement underway, no action from town council so far
  • City of Arlington – movement underway, no action from town council so far
  • City of Portsmouth – did not vote on December 10th; another attempt is likely
  • City of Virginia Beach – awaiting word on another meeting after December 3rd
  • City of Newport News – did not vote on December 10th; another attempt made on January 14th; unknown status
  • Radford City – awaiting word on another meeting after December 9th
  • City of Roanoke – 2nd try was at meeting on December 16th; another meeting is expected; fight hard!
  • City of Danville – did not vote again on December 17th; another meeting is expected; make phone calls!
  • Fairfax County – had meeting on January 14th; another try possible; make phone calls!
  • City of Alexandria – movement started
  • City of Harrisonburg – movement started
  • City of Hopewell – City Council may put it on the agenda for January; sign the petition to move this along.
  • City of Fredericksburg – rejected resolution on December 10th; another attempt is likely
  • City of Winchester – failed to pass resolution on December 10th; awaiting word on another meeting
  • Chesterfield County – refused to hold a vote on December 11th; another attempt is likely
  • City of Hampton – failed to pass resolution on December 12th; awaiting word on another meeting
  • City of Staunton – Released statement of no action on Dec. 6th; no mention of 2A Sanctuary at meeting on December 12th; awaiting word on more attempts
  • City of Salem – Mayor read statement of no action at meeting on Dec. 9th; awaiting word on more attempts
  • City of Norfolk – The city council took no action at meeting on Dec. 10th; awaiting word on more attempts

Other Counties Or Cities That Are Strongly Suspected to Never Vote In Favor:
(gray)

  • Albemarle County – awaiting word on another meeting after December 4th; looks dead
  • Loudoun County – no vote at meeting on December 11th; looks dead

Special thanks to the Virginia Citizens’ Defense League for some of this information.
Also, special thanks go to the ever-helpful Jeff Wittenborn as well as Virginia patriot Vincent Smith.

The Second Amendment Sanctuary Movement Is Sweeping Virginia

Gun owners are demanding local government protection from the state – and getting it.

By: Scott D. Cosenza, Esq.

This article posted December 8, 2019, was re-posted with permission from the author.

A sea change came to Virginia on election day.  Democrats won majority control of both houses of the legislature – for the first time in over 20 years.  The new power brokers have taken their win to move the state markedly left on many issues, but especially gun control.  Prefiled bills in the statehouse would make Virginia swing from a state that broadly respects gun rights to one of the most restrictive if passed.  Gun owners have risen to challenge the proposals, not in the legislature just yet, but at the county and city levels.  Under a massive pressure wall, those local governments have, at a furious pace, adopted Second Amendment Sanctuary resolutions, forbidding local officials from acting in opposition to the Second Amendment.

Let No Good Crisis Go to Waste

Ralph Northam

On May 31, 2019, a Virginia Beach employee went on a shooting spree, massacring a dozen people at a municipal building.  Days later, Virginia Governor Ralph Northam (D) ordered a special session of the legislature to be convened.  The legislature, which had adjourned for the year, would be recalled to Richmond to consider previously rejected gun control bills.  The rundown of proposals reads like a letter from Sarah Brady to Santa, including universal background checks; bans on “assault weapons,” sound suppressors, and bump stocks; red flag laws; one gun a month laws; and granting local governments increased authority to issue their own new measures hostile to gun rights, among others.

While legislative leaders had no control over the convening of the session, they asserted their power just after it started, ending the farce within 90 minutes of its beginning.  Republican Speaker of the House Kirk Cox accused Northam of “an election-year stunt.”  That may be just what it was, and effective too, given the results in November.

From Red to Blue

The Democrats last controlled both houses of the legislature in 1994.  While the state was recently considered a swing state, that has changed too; it now seems ever bluer.  Democrats now control all three statewide elected offices, both U.S. Senate seats, both chambers of the General Assembly, and seven of Virginia’s 11 seats in the U.S. House of Representatives.  Quite a list, and driven in large part not by a change in attitudes of Virginians, but the additions of many new Virginians hostile to gun rights.

In a post-election profile called “How Voters Turned Virginia From Deep Red to Solid Blue,” The New York Times tells us that immigrants, both from other states and other countries, are a big cause.  “Unlike three decades ago, the residents are often from other places, like India and Korea. And when they vote, it is often for Democrats.”  That’s not all. Those voters are not like the countrified Democrats who may understand and value the right to keep and bear arms:

“Guns, that is the most pressing issue for me,” said a 38-year-old software engineer from southern India, Vijay Katkuri, 38, as he explained why he voted for a Democratic challenger in Tuesday’s elections. “There are lots of other issues, but you can only fix them if you are alive.”

Mr. Katkuri, we learn, had been a resident of New Jersey before he decided to make his home in the Old Dominion.  Alas, that state had crime levels that were too high, among other factors, to keep him.  The Grey Lady doesn’t mention if Katkuri understood that unsafe New Jersey has had highly restrictive gun control laws for generations, while safer Virginia has honored the right to keep and bear arms.  Liberals who move from high tax, high regulation lefty states in favor of greener pastures in more conservative jurisdictions seem unable to draw the connections that seem plain as day to the rest of us.  Could adopting New Jersey style gun control laws make Virginia less-safe?  Mr. Katkuri doesn’t seem to have considered this possibility.

Not Lying Down

Virginia gun owners have, and they have responded swiftly and intensely to the coming onslaught against their rights.  Over 40 counties and independent cities in Virginia have passed Second Amendment Sanctuary resolutions so far, and the list has grown rapidly.  Led by the Virginia Citizens’ Defense League*, one of the strongest single-issue state policy organizations, they have mounted a massive backlash against new gun controls.  Liberty Nation spoke with VCDL President Phillip Van Cleave about the resistance and sanctuary movement.  He said the idea behind the resolutions is to send a message:

“It’s a whole bunch of localities standing up and telling the Democrat leadership in Richmond we don’t want any more gun control.  These things affect only the law-abiding, and what they’re suggesting doesn’t do anything for criminals.”

He said no county official needs to enforce an unconstitutional law and called the AR-15 the most popular rifle in the U.S. and Virginia. Van Cleave explained that they were gearing up for a huge showing at the legislature on January 20 for VCDL Lobby Day, when they encourage everyone who cares about maintaining the right to keep and bear arms to come to Richmond and show their support.

Before then, however, many, if not most, counties will be Second Amendment Sanctuaries.  Lynn Taylor*, who heads the commonwealth’s leading pro-liberty public policy organization, the Virginia Institute for Public Policy, had this to say about the budding movement: “The 2A sanctuary is a political stance, not a legal protection. Everyone needs to be ready for this reality. Virginia is becoming a battleground for stripping away the rights guaranteed by the Second Amendment. We will need some strong men and women out there willing to take this issue to the mat, and even more to support them financially and with their prayers for freedom.”  Asked if she knew of a movement that has previously animated Virginians so vigorously, she replied, “not since the Founding.”

*This author has been a member of VCDL.  Ms. Taylor sits on the board of Liberty Nation’s parent organization, One Generation Away.

Brennan Gilmore & Lynn Taylor: Charging toward energy reform in Virginia

ONE OF US was chief of staff for Tom Perriello and runs an environmental nonprofit. The other worked for the Koch brothers and facilitates a monthly meeting of Virginia conservative and libertarian activists. Needless to say, we do not exactly subscribe to the same political philosophies.

Here’s where we do agree: The energy sector in Virginia is broken.

An energy sector whose rules were written by monopoly utilities and their well-funded political allies has given us the 11th highest electricity bills in the nation when energy demand in Virginia is flat and energy itself is getting cheaper. It has kept businesses and families across the commonwealth from choosing their electricity provider. It has allowed Dominion Energy to run roughshod over property rights and plow ahead with a ratepayer-backed $7 billion gas pipeline without demonstrating any actual need for it. And it has stifled innovation and the deployment of cleaner, cheaper energy sources.

Virginia — including vast Dominion service territory in the Hampton Roads region — deserves better than this monopoly regulatory system designed to maximize profits for shareholders and greased by donations to politicians.

When faced with a problem this insidious, it is remarkable how quickly two opposing ideologies can find common ground.

The answer to this is simple: Give people a choice. Break up the monopolies, remove the barriers to competition, and remove the constraints preventing Virginia from leading the transition to a 21st century energy economy that is better for our bank accounts, our jobs and our environment.

No matter who they vote for, every Virginian should have the ability to choose their energy provider, just like they choose their car, phone provider, or grocery store. Currently, most Virginians who pay utility bills are stuck with one utility monopoly, and one with a track record of acting in bad faith to enrich shareholders on the backs of mostly unknowing ratepayers.

The core of our system’s rot is a skewed incentive system that allows utility profits to hinge on political gamesmanship rather than customer interest. A utility that both owns and operates the electrical grid has a conflict of interest that inhibits the development and deployment of the cost-effective energy resources of the future.

A utility earns a rate of return on infrastructure like wires and transformers, so it has a financial interest in huge infrastructure investments rather than resources owned or services provided by other entities — large-scale distributed energy storage systems, consumer-owned rooftop solar, or energy efficiency programs, for example — even though they are often cheaper.

Switching to a competitive market with performance-based rules and an independent grid operator will ensure energy providers only get rewarded for being the best on reliability, cost and customer satisfaction and that one monopoly’s special interests cannot hold customers captive.

Virginia’s potential to recharge our economy with 21st century energy is truly untapped. The Department of Energy ranks us a dismal 37th out of 50th for renewable energy production.

North Carolina has seven times as much installed solar as Virginia, and thousands of jobs in the fastest-growing energy sector along with it. On the other hand, Texas moved to a competitive market in the early 2000s and has since seen reduced energy bills, enhanced consumer choice and steady innovation. It is simple. When an energy market is competitive and monopolies are contained, the entire state benefits.

Luckily, this insidious problem is not beyond repair. Energy market reform may sound complex, but this issue is about Virginians paying their utility bills today and choosing the energy that will power their tomorrows. We want to build a statewide movement towards consumer choice and protection, a competitive and innovative economy, and a 21st century energy grid — and movements need people.

Candidates and legislators need to hear from their constituents and voters on this issue and demand that Virginia’s General Assembly advocate for hardworking people across the commonwealth paying their utility bills, not for utility giants whose political influence has allowed them to write the rules of a rigged game.

Take it from a political odd couple. When you take a chance to come together and reform something truly broken, it’s amazing what we can achieve.

Brennan Gilmore is executive director of Clean Virginia. Lynn Taylor is president and co-founder of the Virginia Institute for Public Policy. They are both members of the nonpartisan Virginia Energy Reform Coalition.

Virginia GOP Shoots Down Governor’s Gun Grab

Republican legislators were successful in ending the special legislative session without new restrictions on gun rights of Virginians.

This article posted July 11, 2019, was re-posted with permission from Liberty Nation.

Virginia Governor Ralph Northam instituted a special session of the state’s legislature Tuesday, July 9 for the stated purpose of enacting new gun control laws.  Gun rights supporters won the day as Republican lawmakers, who tenuously control both houses of the law-making body, were able to stop it in its tracks, suspending consideration of the bills until the regular session in the fall.

Some gun supporters openly carried at the rally outside the Capitol July 9th. Richmond Times-Dispatch photo.

Well over a dozen different bills were filed, offering a Vegas-sized buffet of anti-gun rights advocates’ wishes and wants.  A limited sample includes a “Red Flag” law that allows police to seize firearms with little to no due process, one gun a month purchase limits, and legislation that would allow counties and municipalities the right to enact their own gun control laws.  Legislators introduced several pro-gun rights bills, but this session was to be about restricting the rights of Virginians, not expanding them.

Special Session

Northam announced the emergency session in the wake of a Memorial Day massacre in Virginia Beach, where 12 people were murdered by a municipal employee on a rampage.  “If we can save one life because we acted now, it is worth it.”  The Virginia legislature starts sessions in January and finishes no later than 60 calendar days afterward, but there is a provision in the commonwealth’s constitution for the Governor to institute a new one:

“The Governor may convene a special session of the General Assembly when, in his opinion, the interest of the Commonwealth may require …”

Republicans hold a 51-48 majority in the House of Delegates and a 20-19 edge in the Senate, with one vacancy in each chamber.  That was enough to put a stop to the special session on party-line votes in both houses.  They referred the various pieces of legislation to appropriate committees.  Those bills will be voted on in the 2020 session if they are passed out of committee – which they are unlikely to since so many have already been voted down in committee this very year.  From January:

A Republican-led subcommittee in the Virginia House of Delegates voted down more than a dozen Democratic gun control bills Thursday, including a red-flag proposal endorsed by President Donald Trump’s school safety committee.

In a packed hearing room, Republicans on a House Militia, Police and Public Safety subcommittee used their 4-2 majority to methodically defeat the gun bills over the course of more than two hours.

Governor Northam became nationally known earlier this year when his medical school yearbook seemed to show him in blackface.  That, combined with the legislature’s recent consideration of often identical legislation, fueled criticism that politics was the prime motivator behind the session rather than public safety.  Virginia Institute for Public Policy president Lynn Taylor* called it a political move, noting that “not one of the proposed laws would have changed the outcome in Virginia Beach.”

 

State Senator Tommy Norment, R-James City County. AP file photo.

GOP Drama – Tempest In A Teapot

Senate Majority Leader Thomas K. Norment Jr. (R-James City) shocked his fellow Republicans by filing a bill just before the session that would ban guns in local government buildings in Virginia.

The Virginia Citizens Defense League**, a powerful gun rights advocacy group, sent out an email in the wee hours before the session, announcing “VA-ALERT: LEGISLATIVE ACTION ITEM: Senator Tommy Norment stabs gun owners in the back!”  Norment had introduced a bill that would treat all local government buildings like a courthouse, generally banning firearms for everyone but government officials.  That sentiment seemed to be completely reversed by the end of the day, when the group sent an email stating:

Senator Norment explained that the bill was incorrectly drafted due to a communication issue between himself and Legislative Services.  VCDL thanks Senator Norment for doing the right thing and striking that bad gun-bill from the docket!

Norment said Tuesday, “As currently drafted, the legislation represents neither my views nor my intention. I do not support – nor will I support – any measure that restricts the constitutional rights of law-abiding citizens.”

*Ms. Taylor sits on the board of LibertyNation.com’s parent company.

**The author has been a member of VCDL.

Politically Diverse Coalition Pushes Virginia To Create A Free Market For Energy

by: Oliver Mendoza

This article was re-printed with permission from RVA Magazine.

The Virginia Energy Reform Coalition has brought together groups of various political affiliations to push for free-market alternatives to Dominion.

 

With the current divisions between political ideologies in America, the advent of a group like the Virginia Energy Reform Coalition (VERC) can be like a breath of fresh air. VERC is composed of several Virginia organizations of surprisingly varied political stances who have come together to try and put an end to the monopoly Dominion Energy has on Virginia’s electrical supply.

In 1999, Virginia attempted to deregulate the energy market and failed. Now 20 years later, we are seeing groups like the progressive Virginia Poverty Law Center teaming up with the likes of Ken Cuccinelli’s FreedomWorks Foundation to help create a competitive free market for energy in Virginia.

VERC consists of nine different organizations in all: Appalachian Voices, Clean Virginia, Earth Stewardship Alliance, FreedomWorks, Piedmont Environmental Council, R Street Institute, Reason Foundation, Virginia Institute for Public Policy, and Virginia Poverty Law Center.

Some of these groups are advocates for clean energy and clean government. Brennan Gilmore, the Executive Director at Clean Virginia, said that there have been a series of oversteps by Dominion that led to consumers dealing with higher prices and businesses not being able to compete in the commonwealth’s large energy market.

“People across the political spectrum have reacted in a very strong way,” said Gilmore. “It was a testament to just how far these utilities have abused their monopolies that allowed for this type of unprecedented coalition to be built.”

Though some of the groups may clash over other political issues, they agree on the topic at hand: that a free, competitive energy market would benefit all parties.

Ken Cuccinelli speaks at the press conference for the VERC launch. Photo courtesy Appalachian Voices

“I realized that working with folks who have different ideologies with you is actually pretty easy when you’re headed for the same goal,” said Lynn Taylor, the President of Virginia Institute for Public Policy (VIPP). Taylor pointed out that in 2018, according to an article in USA Today, Virginia had the eighth-highest electrical utility bills in the country. According to Taylor, if utilities were allowed to compete for customers, consumers and businesses would have options on the price they pay for electricity, ideally leading to lower prices.

“This is an area where I think transparency does not have a party, and doing the right thing and creating fairness in the system does not have a party,” said Dana Wiggins, director of Outreach and Consumer Advocacy at the Virginia Poverty Law Center (VPLC). VPLC advocates for low-income Virginians, and adds a little more depth and diversity to the VERC.

According to Wiggins, the VPLC has put forth a proposal for a program to help low-income Virginians by implementing energy efficiency measures. Under VPLC’s plan, any Virginians paying more than 6 percent of their income towards electric bills would qualify for a program to cap their payments at 6 percent.

While a group like the VPLC might seem unlikely to make an alliance with high-profile Republican and former Virginia Attorney General Ken Cuccinelli, this isn’t the first time the two have worked together. In 2017, Cuccinelli filed a legal brief on behalf of the VPLC, who were then challenging a law that had locked in Dominion and Appalachian Power Co.’s rates for five years to protect the utilities from costs associated with Obama’s Clean Power Plan.

Clearly the old saying really is true: politics makes strange bedfellows. But for the leaders of the organizations making up the VERC, that isn’t necessarily a bad thing. “In a time when politics and policy seems pretty hopelessly divided, it’s actually been really refreshing to cross that ideological threshold,” said Gilmore.

Top photo by Marco Sanchez, courtesy of Piedmont Environmental Council

Support the Virginia Institute this Giving Tuesday!

Giving Tuesday is around the corner, and the Virginia Institute for Public Policy wants to partner with you for the future of Virginia. This year we are looking forward to the next big battles in the home of American Liberty.

As healthcare costs begin to rise beyond expectations following the expansion of Medicaid, discussion begins in Richmond on where the money will come from. Increased taxes, however, will further depress business and population growth in Virginia. New and decisive answers are needed to get Virginia’s economy back on track. As always, the Virginia Institute is at the forefront, proposing bold solutions, educating legislators and advocates, and bringing people together in support of our home, the Commonwealth of Virginia, the birthplace of American exceptionalism.

We can’t do it without your help! Get involved by donating to the Virginia Institute for Public Policy on Giving Tuesday. Help us to fight for the brightest future for Virginia; one of individual freedom, personal responsibility, and constitutionally-limited government. Support courageous policies in healthcare, taxation, education, and good governance.

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Concerning the recent scandal surrounding Judge Kavanaugh

I recently received this email from Cathy Trauernicht, successful entrepreneur, voter integrity advocate, and member of the Tuesday Morning Group coalition.  I was captivated by Cathy’s masterful articulation — not only of the problem, but of the inappropriate response by the below mentioned educational institution.  As I told her, the all-women’s college I attended has taken some similar, remarkably stupid actions until the alumnae protested.

This issue has suddenly become far more significant. Ms. Ford’s testimony, which has been delayed until Thursday the 27th, would likely preclude Judge Kavanaugh from taking part in the Supreme Court session beginning October 1st, if confirmed. This is true even if he takes the bench during the session.

I wanted to share her email with you, with her permission, of course.

I’m a former parent of the Holton-Arms School community.  As you may have heard, the Head of Holton-Arms sent a letter to the school community, celebrating alumna Christine Blasey Ford for using her “voice.”  https://www.axios.com/kavanaugh-accuser-ford-allegations-school-letter-7cd0102a-8ab8-46b4-8d3d-9d9fb9e21166.html?ref=gazelle.popsugar.com

The persistent abuse of women as political pawns is something I cannot abide.  Nor can I sympathize with women who do not accept personal responsibility for their actions.

Below is the email I sent tonight to Susanna Jones, current Head of the Holton-Arms School.

=================================================================

 

Dear Ms. Jones,

As a former Holton parent, and as a woman, I’d like to weigh in on the Christine Blasey Ford controversy.

Having lived in the Washington, DC, area for a long time, and being an astute observer of political manipulation, I can recognize templates taken out of political play books.  Unfortunately, women are all too often manipulated and used for political gain according to these play books, and it’s not their gain in the long run that is secured.  I strongly suspect that Christine Blasey Ford is such a case of political manipulation.  She is looking more and more foolish by the day, as are those who spring to her defense with no substantiating facts.

Leaving aside the fact that there are no facts to substantiate Ms. Ford’s accusations against Judge Kavanaugh, I would like to suggest that, in your role as Head of the Holton-Arms School, you avoid the mire of the political arena and seize this opportunity to remind young girls and young women about personal responsibility and consequences for their actions.  They are told repeatedly how smart, capable and independent they are.  With these qualities go personal responsibility.  Should they find themselves in situations where they can’t remember what happened,  they must accept the consequences and not hide behind a mantra of victimhood.

Ms. Ford’s inability to recall specific facts of her alleged attack is peculiar.  Her continuing evasion of the facts is doing a disservice to women who have been victims of assault, who can recall every detail of abuse as they desperately fought back against their attacker.

By celebrating Ms. Ford’s “voice” as you did in your letter to the Holton community, you celebrated the voice of victimhood, not empowerment.  She waited 36 years — until a Supreme Court nomination was days away from a vote — to make her voice “heard.”  Thirty-six years without filing a police report.  Thirty-six years with no corroborating witnesses.   The “expression of solidarity is exactly what we would expect from the Holton sisterhood,” you wrote.  Solidarity for what?  For simply being “sisters”? For making an explosive, UNSUBSTANTIATED, 36 year-old allegation with the objective of derailing a Supreme Court nominee who, by all accounts, has conducted himself personally and professionally in admirable fashion?  This is superficial and shameful, Ms. Jones.

I am a product of single-sex education from elementary school through college, and have watched the “women’s liberation movement” morph into “women’s empowerment,” and then pathetically devolve into women’s “victimhood.”  Sometimes, women are victims of their own irresponsible behavior.

One more observation.  Ms. Ford’s unsubstantiated, 36 year-old accusations are making a mockery out of our legal system.  She and her handlers want Judge Kavanaugh tried in the court of public opinion, rather than in a court of law (where they would lose their case).  That is a tactic of cowards, manipulated by craven political opportunists.  The court of public opinion carries no presumption of innocence; it only serves to prey upon emotions and fire people up into a frenzy of irrational behavior.  Does the storied Holton-Arms School no longer teach the Constitution and its protections?

In conclusion, I urge you to stay out of the political swamp, and stay focused on your role as an educator.  Educate young girls and young women to accept responsibility for their own behavior and to stay away from compromising situations.  That is true empowerment.  And they may not be getting that lesson at home.

Thank you for listening,

Catharine Trauernicht

 

In education, like everything, incentives matter.

Another cheating scandal is in the news, and parents always seem so surprised. It really should not be surprising; teachers and administrators are essentially incentivized to cheat. From Bush Jr.’s No Child Left Behind to Obama’s Race to the Top our duly elected representatives have increasingly linked school funding and employee bonuses to standardized tests scores. It was done with the best intentions, but the consequences have been disgraceful. Yet the parents of school age children wait, patiently unaware of their eminent significance as the solution to this problem.

Nearly a decade ago, the Atlanta cheating scandal hit the news. Since then cheating on standardized tests has been reported in 80% of American states, including Virginia. Despite the indictments of 11 former Atlanta public school teachers, some Virginia educators continue to consider the practice to be profitable. A July 30th report from the Virginia Department of Education concluded that “inappropriate assistance was provided by some [staff]” at Richmond’s Blue Ribbon elementary school, G.W. Carver. Furthermore, the extent of the cheating seems to have been considerable. More than 60% of 6th graders at Albert Hill Middle School, high school class of 2023, failed both the math and reading sections of the Standards of Learning tests after leaving Carver.

The reason some teachers and administrators continue to choose to rig standardized testing is because incentives matter. For some teachers, the benefits of cheating, including financial bonuses, outweigh the potential costs (or risks) of either being caught or earnestly trying to improve educational outcomes within a school.

Testing scandals happen more often in lower performing, urban districts and nearly always involve the administration at some level. These two circumstances can lead some teachers to underestimate the risks of cheating. Due to high turnover among teachers, increased training costs, and the tendency of less qualified instructors to end up in high-poverty school systems, improving educational outcomes in poorly performing, high poverty schools can be a difficult challenge. Additionally, the involvement of school or district administrative staff in testing fraud may contribute to a belief that there is a lower probability of being caught or, if caught, being held accountable. In these rather common circumstances, funding and pay bonuses for exemplary or greatly improved testing scores will naturally breed a willingness to game the system among some educators.

What’s further, these incentives also change the dynamic between school administrators and policymakers. In Virginia, the state government makes decisions regarding funding. They base these decisions on standardized testing or through other administrative mechanisms. Unfortunately, this means that students and their families are often left out of the process. This seems especially true in lower income school districts where parents are less equipped to handle the ins and outs of the educational bureaucracy. In fact, the 2018 Virginia Commonwealth Standards of Quality (Word document) largely treat parents as a party of passing significance. They are simply notified of decisions and action plans after the fact, rather than being treated as the principle force and influence in their child’s life whose concerns are of the highest relevance.

The way to correct the perverse incentives that the current educational regime creates is to place the highest value on parental satisfaction. If every state education dollar is directly attached to each student, and follows them to whichever school that parents choose, then the incentives inherent to today’s system must naturally be completely overthrown. Suddenly, teachers and administrators must find innovative and effective ways to improve and maintain positive educational outcomes at the student level, rather than at the level of the district or state. Eliminating top-down curriculum requirements and allowing principals and teachers to firmly address parents’ and students’ needs may lead to considerable positive results. Providing high quality, specialized education would become paramount. Additionally, as standardized testing ceases to be the hinge of school funding, the parental satisfaction model would eliminate the incentives to cheat among educators.

Achieving this policy shift relies on the understanding that incentives truly do matter and that employing this axiom can powerfully affect outcomes in almost any situation. Before positive changes can be made, however, the current paradigm, that optimistic goals make good policy, must change. To continue to judge education strategies based solely on intentions rather than consequences will ultimately ensure sustained failure.

To devise a solution, one must address the problem.

The most popular flavors of the national debate in America today: immigration, healthcare, the Federal debt, and the budding trade war. The American welfare state is the common denominator in each of these quandaries and is the political quagmire which will derail any viable solution for these hot button issues.

The modern American welfare state was effectively borne of the New Deal. It came into being with President Franklin Roosevelt’s words, “Necessitous men are not free men.” It was grand-sired by Woodrow Wilson’s intellectual rejection of the US Constitution. Thanks to a widely misconstrued understanding of the “general welfare” and “charity,” the welfare state has grown into the largest seen in human history. Welfare programs and mandatory interest payments are expected to absorb roughly 60% of total federal spending (excel) this year – more than doubling the estimated 2018 deficit (.pdf). Thus, it’s no wonder this economic millstone has translated into so many different problems.

Illegal immigration, as much as it invades the daily news cycle, is more a correlative symptom of the welfare state than a problem in and of itself. Welfare spending has grown in a series of plateaus. The first began in the 1930s with FDR’s New Deal, and the second coincided with LBJ’s Great Society in the 1960s.

Shortly before, during, and immediately following the New Deal era, there was a decrease in legitimate immigration (which is important as illegal immigration estimations tend to correlate with actual measured immigration numbers). This decrease likely due to the Johnson-Reed Act of 1924 coupled with the U.S. job market during and immediately after the Great Depression. If you also include a series of large, global wars, which were often fought with conscripted soldiers, the first two-thirds of the 20th century would obviously not be the most popular time to move to the US.

Starting at about 1970, after the Great Society programs had taken hold and as the Vietnam War began to wind down, immigration (both legitimate and unauthorized) began to dramatically increase. There was a similar rate of growth in Medicaid vendor payments during this same period of time. Although concurrent growth does not necessitate correlation or causality, it seems that Medicaid spending and immigration at least correlate relative to incentives to immigrate among specifically the low-skilled. As it turns out, people immigrate to take advantage of better opportunities, including “free” money and public services.

Speaking of “free” public services, in the second entitlement plateau of the 1960s, LBJ’s Great Society policies included the guaranteed health insurance program – again referring to Medicaid. Healthcare costs subsequently began to skyrocket, more than doubling as a percentage of GDP by 2014 (excel). However, Medicaid creates a moral hazard, or the “lack of incentive to guard against risk where one is protected from its consequences, e.g., by insurance.”

Insurance is particularly affected by moral hazard, and government-backed insurance especially so. These perverse incentives have led to considerable waste and excess within healthcare markets, which were exacerbated further by the activities of insurance companies and the more recent Affordable Care Act. The welfare state strikes again! But this time it has negatively affected the average American’s ability to access healthcare. In other words, the welfare state doesn’t simply add spice to the daily news cycle, it might actually kill you.

So, logically, everyone has accepted the welfare state as the culprit, right? Unfortunately, this has not been the case. Even conservatives are joining the fray in hopes of expanding it further by restricting free trade through tariffs. As we have all been told, America is not getting a “fair deal” on the world market. U.S. manufacturing has “suffered greatly” at the hands of the Chinese and others who have taken advantage of the US through trade deals, confiscation of intellectual property, and monetary manipulation. All of this is seemingly despite an increase in American manufacturing productivity to the tune of approximately 80% since 1990.

Rather than seeking to address the problem, numerous allegedly “fiscally responsible” and “pro free-market” conservatives have begun to harrumph for tariffs – import taxes that increase the market price of particular goods within the American market. To be clear, these are increased prices that only Americans will pay to subsidize a small portion of American industrial companies like steel and aluminum manufacturers. This is what traditional “free-market” conservatives refer to as “corporate welfare.”

As each new story passes by, it is amazing so few people are addressing the very real problem – the American welfare state. I am hard pressed to find a major story in the news today which does not connect with this quite ubiquitous concern. Where are the intrepid, fiscally responsible conservatives? Where are the sharp, unyielding libertarians or economically sane moderate progressives? There is an objective truth here which certainly applies: all solutions fail which fail to address the problem.

 

Welcome to the New Site, and Happy Independence Day!

To celebrate American Independence, as well as our new website, here is the reason for the season: the Declaration of Independence. Let’s pay particular attention to why the Founders thought this was the best course of action upon which to gamble their lives, fortunes, and sacred honor.

Spoiler Alert: Taxation was neither the first, nor the most consequential of those causes listed below.

When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the Powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.

That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.

Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shown, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.

Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

He has refused his Assent to Laws, the most wholesome and necessary for the public good.

He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.

He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.

He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their Public Records, for the sole purpose of fatiguing them into compliance with his measures.

He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.

He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the Legislative Powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.

He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migration hither, and raising the conditions of new Appropriations of Lands.

He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary Powers.

He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.

He has erected a multitude of New Offices, and sent hither swarms of Officers to harass our People, and eat out their substance.

He has kept among us, in times of peace, Standing Armies without the Consent of our legislature.

He has affected to render the Military independent of and superior to the Civil Power.

He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:

For quartering large bodies of armed troops among us:

For protecting them, by a mock Trial, from Punishment for any Murders which they should commit on the Inhabitants of these States:

For cutting off our Trade with all parts of the world:

For imposing Taxes on us without our Consent:

For depriving us in many cases, of the benefits of Trial by Jury:

For transporting us beyond Seas to be tried for pretended offences:

For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies:

For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments:

For suspending our own Legislatures, and declaring themselves invested with Power to legislate for us in all cases whatsoever.

He has abdicated Government here, by declaring us out of his Protection and waging War against us.

He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the Lives of our people.

He is at this time transporting large Armies of foreign Mercenaries to complete the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.

He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.

He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.

In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free People.

Nor have We been wanting in attention to our British brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.

We, therefore, the Representatives of the United States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good people of these Colonies, solemnly publish and de clare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the Protection of Divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.

– Thanks to the Foundation for Economic Education for posting this important document every Independence Day.