Welcome to the home of the Virginia Institute for Public Policy on virginiainstitute.org!

Welcome to the home of the Virginia Institute for Public Policy on virginiainstitute.org!

Tag Regulatory Reform

The Virginia Model of Regulatory Reform

The Virginia Model of Regulatory Reform

A Springboard for Success

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

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

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

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

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

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

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

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

The Virginia Model – for webDownload
The Virginia Model (Executive Summary)Download
Policy Primer: Regulatory Reform (2023)

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

Five million seconds is about 58 days;

Five trillion seconds is 158,440 years.

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

VIPP Policy Primer: Regulatory Reform (2023)

Click HERE to view or download.

Legislative Update: 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 information: Click 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 information: Click 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 information: Click 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: 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
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