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Legislative Update: 4 February 2024

February 4, 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

 

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