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.

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
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
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

 

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
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.

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