Legislative Update: 27 February 2022

February 27, 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

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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.