February 12, 2021
Today was a busy day on the virtual floor of the House of Delegates. After convening at noon, the House recessed to hear a presentation on the Appropriations Committee-approved budget amendments. House members then returned to virtual session to debate and vote on the budget and to consider floor amendments. The budget is a dense (and perhaps intentionally confusing?) document replete with funding for a variety of activities that many Virginians would consider arcane—especially during a year when so many businesses and households are struggling financially. Please note that although the House passed this budget today, the content differs from the Senate budget. For this reason, the House and the Senate will assign conferees (budget negotiators) to resolve the differences and produce a final budget that will be voted on at a later date.

So is the House of Delegates keeping Virginia’s fiscal house in order? Following is an overview of some items that did—and did not—receive funding.
What's in Virginia's budget?
For an overview of House budget content, please click HERE and watch the Appropriations meeting held on February 12, at 1:00 p.m. Much of the funding is routine, and worthy causes are funded; however, there are some notable expenditures this year. Included in the budget is funding for the following:


Buried in today’s budget presentation was mention of a $130 million deposit into the Commonwealth's revenue reserve fund. This deposit will bring the fund balance to $2 billion. When asked about the need for such a large reserve fund, staff indicated that $1 billion will be required next year to offset the costs of Medicaid expansion. Medicaid is funded in part by the federal government; however, because federal funding is decreasing, the cost to Virginia will continue to rise. This will pose ongoing budget challenges for the Commonwealth, especially as other types of federal aid (including COVID-related funds) diminishes.
What's not in the budget?
Omitted from the budget were several items that garnered bipartisan support in the Senate but that were inexplicably opposed by House Democrats. Rejected by House Democrats were the following:
Helping independent contractors & gig workers
This year I introduced legislation to assist independent contractors and gig workers in obtaining personal protective equipment (PPE). House Bill 2134 clarifies that, in the event of a health disaster caused by a communicable disease, when a business provides PPE to an individual or contract worker, the mere provision of PPE does not establish an employer employee relationship.

Certain criteria determines whether or not an employer-employee relationship exists. One key criterion is whether or not a worker uses employer-provided equipment in the performance of their job duties. Because the governor’s Executive Orders mandate face mask usage, a mask is now mandatory workplace equipment. As a result, there exists a situation wherein employers want to provide PPE to keep everyone safe; however, their doing so may inadvertently establish an employer-employee relationship.

This is a very real problem for gig workers and independent contractors. Last year, the rideshare company Lyft refused to provide free PPE to most of their drivers for fear of running afoul of employment classification laws. Instead, they required their drivers to purchase PPE (and, in fact, sold PPE to their drivers).

This bill provides much-needed clarification that will allow businesses to provide complimentary PPE without inadvertently running afoul of regulations. I am pleased to share that my bill passed the House unanimously and will next be heard in the Senate Commerce and Labor Committee.
2021 Session Survey Results
Thank you to all who took the time to complete my 2021 General Assembly survey! Over 1,000 individuals completed the survey, either online or via hard copy. A link to the results is available online HERE. Please note: residents of the 96th District who returned the survey via USPS will receive hard copy results within the next few weeks.
The House is currently hearing Senate bills, and I encourage you to take a moment to review the legislation that is under consideration. Although some Senate bills are identical to House bills, there are many new (or slightly different) bills that may be of interest to you. As before, written input to House committee members may be provided online HERE.

Our district office remains open and available to assist with state-related matters or agencies. My legislative aide, Ms. Dayle Brittain, may be reached by email at DelABatten@house.virginia.gov or by phone at 757-741-7001.

Stay safe this weekend, and watch out for ice!
Contact Delegate Batten
Legislative Aide: Dayle Brittain
Mail: P.O. Box 194, Norge, VA 23127
Phone: 757-741-7001
Paid for and Authorized by Friends of Amanda Batten