For the past twelve weeks, Virginia’s General Assembly has convened sporadically to hear legislation during this year’s unprecedented Special Session. Originally, the intent of the session was to tackle a supposedly imminent budget shortfall; however, that objective largely fell by the wayside. Eclipsing all focus on the budget was a raft of legislation to address criminal justice reform. Finally, after eighty-three days of intermittent legislating, the General Assembly adjourned sine die on Monday, November 9.
My newsletter from late August reflected a flurry of initial activity by the legislature. During the ensuing weeks, the process slowed to a crawl, hampered by nonexistent deadlines and a lack of procedural framework. With no timeline or sense of urgency in place, the House and Senate met at seemingly arbitrary dates and times.
Transparency reached a nadir during the 2020 Special Session. Virtual committee rooms relegated citizens to a “waiting room” where they may or may not be recognized and permitted to speak. Virtual session convened at random times—occasionally at noon, but also during mid-afternoon and early evening. House members logged on from their couches, kitchens, cars, and even the cabin of a boat.
Virginians deserve better. Major issues were addressed during this session, and sweeping legislation was passed with minimal scrutiny. In an exceptionally embarrassing admission, one Democratic patron of a House bill conceded that he was unaware of the content of his own legislation—even after the bill, House Bill 5058, had already passed. This outcome highlights an anemic committee process that failed to allow for rigorous questioning inclusive of all stakeholders and subject matter experts.
At this point, the budget seems to be a side note. The Governor is not required to take action on the final budget until December 9th, a mere five weeks before the legislature convenes for the 2021 session—when the budget will again be revised based on updated revenue estimates.
Following is an update on a number of bills that may be of interest. Please note that many additional bills were also considered during this session. As always, my legislative aide, Dayle Brittain, and I are happy to answer questions about these or any other bills. A full list of proposed legislation may be viewed online HERE.
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How will my child receive a high quality education? This question is at the forefront of the minds of thousands of Virginians. With virtual school being the only option in many areas, families are struggling to find child care, internet access, and the tools needed for device-centric education. Many families—especially those with two working parents, a single parent, or where English is a second language—struggle with the practicality of mandated homeschool. Although I personally believe families should have the option to either educate their students at home (virtually) or to send their child to school full-time, the latter is not an option in most school divisions. As such, a number of innovative policy proposals were introduced during this session:
House Bill 5009 mandates schools provide in-person education for students who lack internet access.
House Bill 5056 allows school divisions the option of establishing student education accounts in the case of a public health emergency.
House Bill 5022 allows for partnerships between school boards and non-profits, with the intent of providing in-person educational services.
A budget amendment (introduced by former Speaker Kirk Cox) authorizes localities to use federal CARES funding to reimburse parents for costs associated with teaching pods established in response to the COVID-related closure of schools. My colleague Delegate Carrie Coyner spoke eloquently to this proposal, and her remarks may be viewed HERE. Unfortunately, this amendment was also not adopted, thereby depriving localities and families of the flexibility needed to cope with today’s educational challenges.
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Broad changes to Virginia’s justice system were enacted during the Special Session. Unfortunately, the virtual format was not conducive to developing bipartisan solutions. For this reason, most bills passed on a party-line vote with Republicans opposing a number of measures due to serious technical problems with the bills. Had these bills been presented during a regular session, I believe many issues could have been resolved, thereby allowing for broad support. Following is a brief overview of several of the most notable bills:
House Bill 5058 is the now-infamous “no headlights” bill (referenced at the beginning of this newsletter). This sweeping legislation eliminates law enforcements’ ability to pull over drivers for a variety of issues. As passed by the House and Senate, the bill prohibited police from stopping a motorist who was driving at night with no headlights, brake lights, or tail lights. Although the Governor amended the bill to correct this hazardous provision, this legislation will still make Virginians less safe. For example:
- Teens cannot be pulled over for violating the terms of their learner’s driver’s license. Teens are now free to use their cell phones while driving, fill their car with friends, and drive between the hours of 12:00 a.m. and 4:00 a.m. (How safe does THAT make you feel?)
- Noisy muffler systems are now allowable.
- Police are prohibited from stopping vehicles that are in unsafe or defective condition.
- Pedestrians are no longer prohibited from walking across highways or “carelessly or maliciously interfer[ing] with the orderly passage of vehicles.”
Nothing in this bill will make Virginia’s roadways safer, and I joined all of my Republican colleagues in voting “no” on House Bill 5058. Sadly, all but one Democrat voted “yes,” and this dangerous bill will go into effect on March 1, 2021.
House Bill 5051 allows for decertification of law enforcement and jail officers who violate standards of conduct. This legislation ensures that “bad actors” in law enforcement are not able to be rehired by another agency. The bill garnered support of law enforcement officers and passed the General Assembly with broad bipartisan support.
House Bill 5043 establishes a mental health awareness response and community understanding services (Marcus) system throughout Virginia as a means of responding to individuals suffering from a mental health crisis. While a good concept, the bill authorizes the establishment of “mobile crisis teams” that are prohibited from including law enforcement. This prohibition generated my (and many of my colleagues’) concern for the safety of the team members who would be first responders in behavioral health crises. The bill nevertheless passed on a largely party-line vote.
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As I mentioned previously, a large number of bills passed during this Special Session. So many bills, in fact, that the session bore a suspicious resemblance to a regular session. A full list of the bills that passed can be found HERE.
On an unrelated topic, my office has received numerous inquiries about Virginia’s election policies and the possibility of fraud. Please know that the Republican Party of Virginia is investigating every report and has not detected any hint of widespread fraud. Also, recounts must be initiated by the affected candidate (except in the case of a .5% margin, in which case a recount is automatic). No Virginia Republican candidate has yet expressed support for a recount in their race.
Finally, the Governor today announced additional restrictions (again) throughout Virginia that will go into effect on Monday. Click HERE for the list.
To end on a good note…happy Friday, and enjoy your weekend!
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Contact Delegate Batten
Legislative Aide: Dayle Brittain
Mail: P.O. Box 194, Norge, VA 23127
Phone: 757-741-7001
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Paid for and Authorized by Friends of Amanda Batten |
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