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Legislative Analysis: HB.244 Regulatory Streamlining Bill (2022)

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VIPP HB244 Regulatory Streamlining Bill (2022)

BACKGROUND

In 2018, Governor Ralph Northam signed into law HB 883, the Regulatory Reduction Pilot Program. The program was a blend of both occupational licensing and criminal justice reform, combined with regulatory streamlining measures. The program was a pilot in the sense that it focused on two state agencies to start—the Department of Criminal Justice Services (DCJS) and the Department of Professional and Occupational Regulation (DOPR). These agencies were required to produce an inventory of the requirements they impose on members of the public and then reduce burdens by 25 percent. The purpose of creating the inventory was so that the agency would 1) review its regulations and 2) have an organized way to evaluate whether the requirements it controlled merit amendment of some kind.

The focus on licensing and criminal justice issues was not a coincidence. There is widespread agreement among economists that licensing regulations in particular often act as a barrier to employment for those who have a criminal record. Thus, there is a strong social justice case for reforms of this kind. Moreover, this issue has gained increasing attention since a seminal occupational licensing report was issued by the Obama administration in 2015,1 which helped inspire reforms in a number of states.

RESULTS

The results of the pilot program were impressive. DPOR amended roughly 27 percent of its regulatory requirements while the corresponding number for DCJS was 14 percent. For example, a $100 fee required to be paid with a license application might be reduced to $50. This would be counted as one streamlined requirement, as would be the case if the fee were eliminated entirely. This way of measurement gave the regulatory agency flexibility to reduce certain burdens without being tied to a blunt, across the board reduction.

During the three years while the pilot program was ongoing, other agencies subject to the state Administrative Process Act were tasked with reviewing their requirements with an end-goal of producing inventories of the requirements. These inventories would lay the groundwork for the potential expansion of the regulatory reduction program. Unfortunately, the pilot program’s progress was slowed considerably due to the COVID-19 pandemic. Inventories were supposed to be completed by October of 2020. Instead, they weren’t reported until one full year later, in October of 2021. It is very likely the pilot program would have been expanded in 2020 had it not been for the pandemic forcing regulatory agencies to rightfully focus on other pressing priorities.

EXPANSION BILL

Virginia HB 244 (2022) and its companion bill in the Virginia state senate, SB 372, establish a regulatory streamlining program that expands the pilot program of 2018 to other executive agencies. The law creates a system whereby the Virginia Secretary of Finance, on a 2-year cycle, establishes regulatory goals for each agency under the authority of the governor. The benefit of an alternating two-year cycle is that the fiscal budget will be passed in odd years while the regulatory budget will be considered in even years. The main difference between the Regulatory Budget Act and the Regulatory Reduction Pilot Program is that the pilot program required a 25 percent reduction in burdens from the two pilot agencies, while the Regulatory Budget Act gives the finance secretary discretion to set the requirement goal for each agency as he or she sees fit. This means, for example, the number of requirements could be allowed to rise at one agency while falling at another.

Additionally, the pilot program law was temporary, lasting just three years, while the Regulatory Budget Act is intended to be a permanent feature of the Virginia landscape going forward. Furthermore, at the end of the pilot program, the Department of Planning and Budget (DPB) issued a report with recommendations for how to improve the pilot program. The report included establishing better definitions as to what counts as a regulatory requirement and what does not, and creating more consistency of measuring and reporting regulatory requirements across agencies. These recommendations have been incorporated into the Regulatory Budget Act, as DPB will have to produce guidance on these issues for agencies to follow.

CONCLUSION

Virginia has become a leader in the nation in regulatory improvement since passage of the pilot program in 2018.  Virginia was named one of the best states to do business in a 2018 CNBC report, with the 2018 pilot program law singled out as a reason for Virginia’s improvement in the rankings from previous years. Virginia also went on to take the top spot in the CNBC rankings in 2021. Moreover, other states have been influenced by Virginia’s regulatory pilot program. The governor of New Mexico issued an executive order in late 2021 that paired occupational licensing with social justice issues. The New Mexico executive order was a response to a report published in November of 2021 about how to facilitate economic development in New Mexico.2 The report specifically highlights Virginia’s 2018 law, pointing to Virginia as a state that has been “more proactive in addressing obstacles to quick and easy business establishment and expansion.” A bill based on Virginia’s pilot program called the Fighting Chance Act has also been introduced in Pennsylvania with bipartisan support.3

###

Prepared by the Virginia Institute for Public Policy
– Caleb Taylor, Director of Policy
– Lindsey Zea, Policy & Research Analyst
– James Broughel, Senior Research Fellow

—

1 U.S. Department of the Treasury, Council of Economic Advisers, and US Department of Labor, Occupational Licensing: A Framework for Policymakers, July 2015.
2 New Mexico Economic Development Department, Empower & Collaborate, 232.
3 H.B. 995, Gen. Assemb., 2019 Sess. (Penn. 2020)

 

Legislative Update: 20 February 2022

Week in Review
This past week the General Assembly saw a flurry of floor activity at the beginning of the week (as well as pink and red decorations for Valentine’s Day) as the crossover deadline approached at the end of Tuesday, 2/15. Many of the regularly scheduled committee meetings were canceled due to crossover, and the second half of the week the overall pace of General Assembly activity slowed slightly from it’s usual hectic pace. One piece of legislation that didn’t get a vote before the crossover deadline was HB 1025, which proposed a universal education savings account program to give parents of K-12 students control over some of the state tax dollars allocated to the student for education. In the coming weeks, we will track the legislation that survived the crossover deadline as they make their way through the second chamber.

2022 Session Overview Numbers 

EDUCATION

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

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

ELECTION INTEGRITY

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

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

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

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

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

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

HB 544: Optional Restrictive ID
This bill would allow a voter to inform the state that they are personally opting into a photo ID requirement which would be enforced at the polls for that voter. This would prevent a person from showing up to the polls and falsely claiming they were that voter and casting a ballot. Although it doesn’t provide as much security as a full photo ID requirement for all voters, this measure would be a step towards increased election security. 

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

EMINENT DOMAIN

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

  • Bill status: Passed the Senate floor unanimously 
  • Bill text, history, and information: Click HERE

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

  • Bill status: Passed the Senate Floor unanimously
  • Bill text, history, and information: Click HERE

HEALTHCARE

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

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

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

  • HB 81 status: Passed the House in a block vote  97-0, then in the Senate Education and Health Committee it was conformed to SB 436 and also passed in the committee. 
  • HB 81 bill text, history, and information: Click HERE
  • SB 436 status: Passed the Senate Unanimously 
  • SB 436 bill text, history, and information: Click HERE

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

  • Bill status: Passed the House Floor, Referred to the Senate Education and Health Committee
  • Bill text, history, and information: Click HERE

JUSTICE SYSTEM

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

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

REGULATORY REFORM

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

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

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

  • Bill status: Passed the House: 63 yes votes and 36 no votes, sent to the Senate General Laws and Technology Committee
  • Bill text, history, and information: Click HERE
  • Additional link: Video on the issue

SECOND AMENDMENT 

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

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

—

LEGISLATIVE GRAVEYARD 2022

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

  • Bill status: Died because the bill did not receive a vote in the House Committee for Courts of Justice before the 2/16 crossover deadline
  • Bill text, history, and information: Click HERE
Legislative Update: 13 February 2022

This past week a few election integrity measures saw success — particularly HB205 to prohibit the private funding of elections that passed in the House, the Red Tape Reduction Act was advanced to the House floor, and the bill to allow Universities and Colleges to create K-12 schools was passed in committee. Additionally, Lt. Governor Sears broke a tie vote in the Senate for her first time, and in a remarkable showing of bi-partisan support, SB 739 passed the Senate with an amendment that would end mask mandates at school, if the bill is adopted.

EDUCATION

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

  • Bill status: Passed Senate Education and Health and Finance and Appropriations Committees
  • Bill text, history and information: Click HERE

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

  • Bill status: Referred to House Committee on Education
  • Bill text, history, and information: Click HERE

ELECTION INTEGRITY

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

  • Bill status: Passed House Committee
  • Bill text, history, and information: Click HERE

HB 185: Limited Same Day Registration

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

  • Bill status: Passed House Floor: 52 yes, 47 no
  • Bill text, history, and information: Click HERE 

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

  • HB 205 status: Passed House Floor: 51 yes, 48 no
  • HB 205 bill text, history, and information: Click HERE
  • SB 80 status: Passed Senate Floor unanimously: 40 yes, 0 no
  • SB 80 bill text, history, and information: Click HERE

HB 544: Optional Restrictive ID
This bill would allow a voter to inform the state that they are personally opting into a photo ID requirement which would be enforced at the polls for that voter. This would prevent a person from showing up to the polls and falsely claiming they were that voter and casting a ballot. Although it doesn’t provide as much security as a full photo ID requirement for all voters, this measure would be a step towards increased election security. 

  • Bill status: Passed House floor: 51 yes, 49 no votes
  • Bill text, history, and information: Click HERE

EMINENT DOMAIN

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

  • Bill status: Read for the second time on the Senate Floor
  • Bill text, history, and information: Click HERE

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

  • Bill status: Passed the Senate Floor unanimously: 38 yes, 0 no
  • Bill text, history, and information: Click HERE

HEALTHCARE

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

  • Bill status: Read for the second time on the House Floor
  • Bill text, history, and information: Click HERE

HB 81: State Telehealth Plan
This bill requires the Board of Health to use a private Virginia telehealth organization for general consultation and assistance with tracking implementation of the State Plan. This would contribute to the success of the State Telehealth Plan going forward. 

  • Bill status: Passed the House in a block vote  97-0, then assigned to Senate Education and Health Committee
  • Bill text, history, and information: Click HERE

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

  • Bill status: Passed the House Floor, Referred to the Senate Education and Health Committee
  • Bill text, history, and information: Click HERE

JUSTICE SYSTEM

SB 378 & HB 906: Inmate Sentences
These bills propose to make changes related to the sentences served by those convicted of crimes in the Commonwealth. The bill provides an opportunity for inmates who have served a certain amount of their sentence without incident to petition for a modification to the rest of their term in prison.

  • SB 378 status: Passed Senate Judiciary and Finance and Appropriations Committee
  • SB 378 bill text, history, and information: Click HERE
  • HB 906 status: Referred to House Committee for Courts of Justice
  • HB 906 bill text, history, and information: Click HERE

REGULATORY REFORM

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

  • Bill status: Passed the House floor: unanimous block vote – 99 yes and 0 no, referred to Senate Rules Committee
  • Bill text, history, and information: Click HERE

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

SECOND AMENDMENT 

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

  • Bill status: Passed House floor: 52 yes, 48 no
  • Bill text, history, and information: Click HERE

—

LEGISLATION GRAVEYARD 2022

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

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

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

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

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

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

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

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

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

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

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

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

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

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

—

About the author: Lindsey Zea is a Policy Analyst for Virginia Institute for Public Policy. She’s passionate about liberty and skilled in state and local public policy research, writing, coalition building, and drafting legislation. Lindsey has a Bachelor’s degree in History from Brigham Young University – Idaho and enjoys seeing current events and politics through the lens of the past and anticipating the future with a lens of hope.

Legislative Update: 6 February 2022

As a new tool our organization is providing, we hope that these weekly legislative updates will assist you in identifying the good policy ideas that are continuing to be brought forward by the Virginia General Assembly in this year’s legislative session. Unfortunately, the Legislative Information System (LIS) is having some technical difficulties; due to this issue, some of the links provided in the update may not function properly until those system issues are resolved.

This week in our Commonwealth’s capitol, we saw eminent domain bills come to a vote in Senate Judiciary Committee, gun rights legislation HB 827 pass on the House floor, the Red Tape Reduction Act will be headed to the Appropriations Committee after passing the Senate General Laws Subcommittee and the pro-innovation Universal Sandbox bill passed out of Senate General Laws and Technology Committee. 

EDUCATION

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

  • Bill status: Referred to House Committee on Education
  • Bill text, history, and info: Click HERE

ELECTION INTEGRITY

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

  • Bill status: Passed House Subcommittee on Privileges and Elections, re-referred to this Subcommittee for amendment
  • Bill text, history, and info: Click HERE

HB 187: Limited Same Day Registration
Adoption of this legislation would establish a good policy to prohibit same day voter registration, with only three exceptions. The three specified exceptions are: service members of the United States on active duty, individuals temporarily living outside of the country, and a spouse or dependent of one of the first two categories.

  • Bill status: Assigned to House Privileges and Elections Subcommittee #1
  • Bill text, history, and info: Click HERE 

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

  • HB 205 bill status: Passed House Privileges and Elections Committee
  • HB 205 bill text, history, and info: Click HERE
  • SB 80 bill status: Passed the Senate unanimously
  • SB 80 bill text, history, and info: Click HERE

HB 305: Board of Elections and Department of Elections
This bill proposes to increase the number of members of the State Board of Elections from five to six, three members from each party. Currently, the Commissioner of Elections is appointed by the Governor, but if this bill is adopted the Commissioner would now be appointed by a supermajority of the State Board of Elections instead. The bill also includes provisions to improve accuracy of the voting roll, require voter ID, require election audits, better manage drop off locations, and more.

  • Bill status: Referred to House Committee on Privileges and Elections
  • Bill text, history, and info: Click HERE

HB 544: Optional Restrictive ID
This bill would allow a voter to inform the state that they are personally opting into a photo ID requirement which would be enforced at the polls for that voter. This would prevent a person from showing up to the polls and falsely claiming they were that voter and casting a ballot. Although it doesn’t provide as much security as a full photo ID requirement for all voters, this measure would be a step towards increased election security. 

  • Bill status: Passed House floor: 51 yes, 49 no votes
  • Bill text, history, and info: Click HERE

HB 1141: Eliminate Drop Boxes
This bill is a good policy that would still allow a voter to return their own ballot to their general registrar’s office while eliminating all drop off box locations, which arguably come with increased chances of ballot tampering. 

  • Bill status: Referred to House Privileges and Elections Subcommittee #1
  • Bill text, history, and info: Click HERE

SB 371: Board of Elections and Department of Elections
Like HB 305, this bill would increase the number of members of the State Board of Elections and move the responsibility to appoint the Commissioner of Elections to the State Board of Elections. This bill originally increased the number of board members from five to eight, four from each party (HB305 proposes 6 total, 3 from each party). However, this bill was amended to establish an uneven number of board members; with the amendment, the bill now proposes a board composed of 7 total board members, 4 from the party of the Governor. Although similar to HB 305, this policy is less favorable when compared to HB305 because a board composed of equal representation from each party would prevent the dramatic changes that occur each time the Virginia Governor’s office changes political party. 

  • Bill status: Passed Senate Committee on Privileges and Elections with substitute, expected to be up for a Senate floor vote next week
  • Bill text, history, and info: Click HERE

SB 652: Absentee Ballot App, Social Security Number
This bill clarifies that an absentee ballot application that is missing the 4 last digits of a social security number can be rejected. It also adds the requirement to provide the last 4 SSN if you apply in person for an absentee ballot. 

  • Bill status: Passed Senate Committee on Privileges and Elections with substitute, expected to be up for a Senate floor vote next week
  • Bill text, history, and info: Click HERE

EMINENT DOMAIN

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

  • Bill status: Passed Senate Committee on the Judiciary with substitute, referred to Senate Finance and Appropriations Committee
  • Bill text, history, and info: Click HERE

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

  • Bill status: Passed Senate Committee on the Judiciary with substitute 
  • Bill text, history, and info: Click HERE

FREE MARKET ECONOMICS

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

  • HB 208 bill status: Passed House Committee on General Laws and assigned to Subcommittee #1, referred to House Appropriations Committee
  • HB 208 bill text, history, and info: Click HERE
  • SB 712 bill status: Passed Senate General Laws and Technology Committee
  • SB 712 bill text, history, and info: Click HERE

HEALTHCARE

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

  • Bill status: Passed the House Health, Welfare, and Institutions Subcommittee #1, referred to Appropriations committee
  • Bill text, history, and info: Click HERE

HB 81: State Telehealth Plan
This bill requires the Board of Health to use a private Virginia telehealth organization for general consultation and assistance with tracking implementation of the State Plan. This would contribute to the success of the State Telehealth Plan going forward. 

  • Bill status: Passed House in block vote  97-0, then assigned to Senate Education and Health Committee
  • Bill text, history, and info: Click HERE

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

  • Bill status: Passed the House Health, Welfare, and Institutions Subcommittee #1 with amendments
  • Bill text, history, and info: Click HERE

REGULATORY REFORM

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

  • Bill status: Passed House Committee on Rules
  • Bill text, history, and info: Click HERE

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

  • Bill status: Passed General Laws Subcommittee #1, referred to Committee on Appropriations
  • Bill text, history, and info: Click HERE
  • Additional link: Video on the issue

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

  • Bill status: Referred to House Committee on Commerce and Energy and assigned to Subcommittee #2
  • Bill text, history, and info: Click HERE

SECOND AMENDMENT 

HB 133: Guns at Preschools and Childcare Centers
This policy would increase public safety, allowing guns at preschools and childcare centers (currently, they’re not allowed there), specifically if the location is not a home of one of the children or the childcare provider. 

  • Bill status: Referred to House Committee on Rules
  • Bill text, history, and info: Click HERE

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

  • Bill status: Passed House floor: 52 yes, 48 no votes. 
  • Bill text, history, and info: Click HERE

HB 1166: Right to Firearm at Government Locations
This bill is a repeal of the current prohibition to carry a firearm at or near the Virginia Capitol building and various other locations where government work takes place.  

  • Bill status: Referred to House Committee on Rules
  • Bill text, history, and info: Click HERE

—

Legislation Graveyard 2022

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

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

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

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

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

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

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

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

—

About the author: Lindsey Zea is a Policy Analyst for Virginia Institute for Public Policy. She’s passionate about liberty and skilled in state and local public policy research, writing, coalition building, and drafting legislation. Lindsey has a Bachelor’s degree in History from Brigham Young University – Idaho and enjoys seeing current events and politics through the lens of the past and anticipating the future with a lens of hope.

Legislative Update: 30 January 2022

Last week in Richmond, the General Assembly continued to sift through legislation, with Delegates and Senators attempting to find (and convince their colleagues of) the best solutions to challenges facing the Commonwealth today. Election integrity legislation received a multitude of votes in House and Senate Committees and Subcommittees, a bill regarding the State Telehealth Plan passed the House unanimously, and a bill that removes local authority to prohibit guns in certain locations passed out of Committee and Subcommittee and is headed to the House floor for a vote next week.

EDUCATION

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

  • Bill status: Referred to House Committee on Education
  • Bill text and info: Click HERE

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

  • Bill status: Referred to House Committee on Education
  • Bill text and info: Click HERE

ELECTIONS

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

  • Bill status: Passed House Subcommittee on Privileges and Elections, re-referred to this Subcommittee for amendment
  • Bill text and info: Click HERE

House Bill 54: Sort and Report Absentee Ballots by Precinct
This legislation would require that officers of election sort Central Absentee Precinct (CAP) ballots by precinct after the ballots have been removed from the envelope. Further, the CAPP ballots would be reported by precinct. 

  • Bill status: Referred to House Committee on Privileges and Elections
  • Bill text and info: Click HERE

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

  • HB 71 bill status: Referred to House Committee on Privileges and Elections, assigned to Subcommittee #2
  • HB 71 bill text and info: Click HERE
  • SB 45 bill status: Referred to Senate Committee on Privileges and Elections
  • SB 45 bill text and info: Click HERE

House Bill 187: Limited Same Day Registration
Adoption of this legislation would establish a good policy to prohibit same day voter registration, with only three exceptions. The three specified exceptions are: service members of the United States on active duty, individuals temporarily living outside of the country, and a spouse or dependent of one of the first two categories.

  • Bill status: Assigned to House Privileges and Elections Subcommittee #1
  • Bill text and info: Click HERE 

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

  • HB 205 bill status: Passed House Privileges and Elections Subcommittee #2 – recommended with amendments, referred back to Subcommittee for further changes
  • HB 205 bill text and info: Click HERE
  • SB 80 bill status: Passed Senate Privileges and Elections Committee with substitute, will be voted on by the senate next.
  • SB 80 bill text and info: Click HERE

House Bill 305: Board of Elections and Department of Elections
This bill proposes to increase the number of members of the State Board of Elections from five to six, three members from each party. Currently, the Commissioner of Elections is appointed by the Governor, but if this bill is adopted the Commissioner would now be appointed by a supermajority of the State Board of Elections instead. The bill also includes provisions to improve accuracy of the voting roll, require voter ID, require election audits, better manage drop off locations, and more.

  • Bill status: Referred to House Committee on Privileges and Elections
  • Bill text and info: Click HERE

HB 544: Optional Restrictive ID
This bill would allow a voter to inform the state that they are personally opting into a photo ID requirement which would be enforced at the polls for that voter. This would prevent a person from showing up to the polls and falsely claiming they were that voter and casting a ballot. Although it doesn’t provide as much security as a full photo ID requirement for all voters, this measure would be a step towards increased election security.

  • Bill status: Passed House Privileges and Elections Subcommittee #1 and full Privileges and Elections Committee
  • Bill text and info: Click HERE

House Bill 1141: Eliminate Drop off Boxes
This bill is a good policy that would still allow a voter to return their own ballot to their general registrar’s office while eliminating all drop off box locations, which arguably come with increased chances of ballot tampering.

  • Bill status: Referred to House Committee on Privileges and Elections
  • Bill text and info: Click HERE

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

  • Bill status: Passed Senate Committee on Privileges and Elections, Passed the Senate 23-15
  • Bill text and info: Click HERE

Senate Bill 371: Board of Elections and Department of Elections
Like HB 305, this bill would increase the number of members of the State Board of Elections and move the responsibility to appoint the Commissioner of Elections to the State Board of Elections. This bill originally increased the number of board members from five to eight, four from each party (HB305 proposes 6 total, 3 from each party). However, this bill was amended to establish an uneven number of board members; with the amendment, the bill now proposes a board composed of 7 total board members, 4 from the party of the Governor. Although similar to HB 305, this policy is less favorable when compared to HB305 because a board composed of equal representation from each party would prevent the dramatic changes that occur each time the Virginia Governor’s office changes political party.

  • Bill status: Passed Senate Committee on Privileges and Elections with substitute, will be voted on by the Senate next
  • Bill text and info: Click HERE

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

  • Bill status: Referred to Senate Committee on Privileges and Elections
  • Bill text and info: Click HERE

Senate Bill 652: Absentee Ballot App, Social Security Number
This bill clarifies that an absentee ballot application that is missing the 4 last digits of a social security number can be rejected. It also adds the requirement to provide the last 4 SSN if you apply in person for an absentee ballot.

  • Bill status: Referred to Senate Committee on Privileges and Elections
  • Bill text: Click HERE

EMINENT DOMAIN

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

  • Bill status: Assigned to Senate Judiciary Subcommittee on Civil Law 
  • Bill text and info: Click HERE

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

  • Bill status: Assigned to Senate Judiciary Subcommittee on Civil Law 
  • Bill text and info: Click HERE

FREE MARKET ECONOMICS

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

  • Bill status: Referred to House Committee on General Laws and assigned to Subcommittee #1
  • Bill text and info: Click HERE

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

  • Bill status: Referred to House Committee on Commerce and Energy and assigned to Subcommittee #1
  • Bill text and info: Click HERE

HEALTHCARE

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

  • Bill status: Referred to House Committee on Health, Welfare, and Institutions and assigned to Subcommittee #1
  • Bill text and info: Click HERE

House Bill 81: State Telehealth Plan
This bill requires the Board of Health to use a private Virginia telehealth organization for general consultation and assistance with tracking implementation of the State Plan. This would contribute to the success of the State Telehealth Plan going forward.

  • Bill status: Passed out of House Committee on Health, Welfare, and Institutions, Passed House in block vote  97-0.  
  • Bill text and info: Click HERE

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

  • Bill status: Referred to House Committee on Health, Welfare, and Institutions and assigned to Subcommittee #1
  • Bill text and info: Click HERE

REGULATORY REFORM

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

  • Bill status: Referred to House Committee on Rules
  • Bill text and info: Click HERE

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

  • Bill status: Referred to House Committee on General Laws and assigned to Subcommittee #1
  • Bill text and info: Click HERE
  • Additional link: Video on the issue

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

  • Bill status: Referred to House Committee on Commerce and Energy and assigned to Subcommittee #2
  • Bill text and info: Click HERE

SECOND AMENDMENT 

House Bill 133: Guns at Preschools and Childcare Centers
This policy would increase public safety, allowing guns at preschools and childcare centers (currently, they’re not allowed there), specifically if the location is not a home of one of the children or the childcare provider.

  • Bill status: Referred to House Committee on Rules
  • Bill text and info: Click HERE

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

  • Bill status: Passed House Public Safety Subcommittee #1 and full Public Safety Committee 
  • Bill text and info: Click HERE

House Bill 1166: Right to Firearm at Government Locations
This bill is a repeal of the current prohibition to carry a firearm at or near the Virginia Capitol building and various other locations where government work takes place.

  • Bill status: Referred to House Committee on Rules
  • Bill text and info: Click HERE