Today marks Crossover, the day on which the House and Senate must complete all work on their respective legislation (with a couple of minor exceptions). For that reason, yesterday and today entailed lengthy floor discussions with robust debate on major issues such as abolition of the death penalty, removal of mandatory minimum sentencing penalties, and legalization of marijuana. These discussions capped a week of legislative actions that will bring substantial policy changes to the Commonwealth. Following is an update on bills that may be of interest. |
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Public safety issues remain at the forefront of this year’s legislative session. Legislation eliminating most mandatory minimum sentences, House Bill 2331, passed the House of Delegates. A more expansive version has also passed the Senate. (Senate Bill 1443 goes so far as to eliminate mandatory minimum sentences for horrific crimes such as the rape of a child.) There are two distinct perspectives on this issue. Advocates for these bills note a disparity in sentencing based on race (bear in mind that judges will still be able to levy sentences of their choosing). Opponents believe disparity will worsen when mandatory minimums are removed. How so? Mandatory minimums ensure that if you’re found guilty of a crime, you serve a sentence—no matter how persuasive or well-connected your high-dollar attorney may be. Without mandatory minimums, a defendant's sentence may hinge solely on the quality of their defense attorney's argument.
Other bills to reduce criminal penalties have been introduced and successfully passed the House. House Bill 2290 reduces the penalty for repeated larceny, with the patron offering the head-scratching justification that “repeat offenders are the most vulnerable members of society.” (Click HERE for the link, and jump to 5:53:45.) Yes, you heard that correctly.
Elimination of Virginia’s death penalty is making headlines throughout the country. Although I am cynical enough to believe that our judicial system can make mistakes, House Bill 2263 gives pause. While the bill repeals the death penalty, it fails to stipulate that those offenders will actually remain imprisoned and ineligible for parole. Earlier this year, the parole board made headlines for releasing violent felons without following the state-required process for doing so. Without safeguards in place to keep the most violent offenders incarcerated and to hold the parole board accountable, elimination of death penalty sentencing is an unwise step.
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Attention homeowners and renters! |
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Take note! If you regularly employ an individual to help clean your home, mow your yard, or watch your children, a raft of new regulations may soon apply to you. House Bill 2032 stipulates that individuals who provide domestic services are not excluded from employee protection laws and the Virginia Workers' Compensation Act. In short, this bill allows individuals who provide domestic services in your home to file workers’ compensation claims. Accordingly, state inspectors are authorized to enter your home “without delay and at reasonable times” to investigate any such claims. If you'd like to learn more about both sides of the argument, the Senate version of the bill, Senate Bill 1310, has received both favorable and unfavorable media coverage.
Further, if you do employ domestic workers, House Bill 1864 classifies you as an employer and requires your adherence to nondiscrimination laws. In other words, if you intend to hire a regular babysitter, you are prohibited from considering the applicant’s gender (or other characteristics). Because few households publish job listings or hold formal interviews, it remains unclear how this provision may be enforced.
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Marijuana legalization is another hot-button issue that came before the Virginia General Assembly this year. Many of us, myself included, expected a regulatory structure that would mirror Virginia’s ABC bureaucracy (for better or worse). Instead, a massive 274-page bill, House Bill 2312, establishes a complex regulatory system with “social equity” licensure requirements to place marijuana point of sale locations in “economically distressed” neighborhoods. Bearing in mind that Colorado has witnessed an uptick in marijuana-induced health problems, one has to question the morality of targeting certain low-income neighborhoods for the placement of marijuana sales.
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Low-emission and zero-emission vehicles are growing in popularity as range improves and prices decrease. Polls indicate that the electric vehicle market will continue to expand as the aforementioned expectations are increasingly met. Unfortunately, Virginia opted to intervene in this developing market. House Bill 1965 imposes standards mandating sales of these vehicles and entering the Commonwealth into regulatory agreements with other states. Provisions of these interstate agreements can translate directly to high fuel costs, and Virginians should carefully read legislation that brings us closer to this end state. Click HERE for the Tufts University analysis of the regional carbon regulations proposed by the Transportation Climate Initiative (TCI). Please note that Virginia is currently a member of the TCI and is considering adoption of these regional regulations.
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With leaning loss well-documented amongst Virginia students, many parents are understandably demanding either a return to school or a fundamental restructuring of academic options. A bit of good news has emerged from the Senate in the form of Senate Bill 1303, which requires each local school division to make in-person learning available to all students by choice of the student's parent or guardian. This bill passed the Senate with bipartisan support and will next be heard in the House Education Committee. Unfortunately, the House Democrats are largely resisting any such initiatives. House bills to allow vouchers or education savings accounts in certain situations were defeated. Instead, the House spent time debating House Bill 1904’s requirement that teachers be trained in “cultural competency” and evaluated on their efficacy as “an agent for social justice.”
Fortunately, Governor Northam today indicated a strong push to reopen public schools (at least partially) on March 15. House Democrats promptly offered contradictory floor speeches expressing support AND opposition to the measure.
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I’ve received many inquiries about what actions are being taken to clear up confusion about Virginia’s voting policies and to ensure the integrity of the ballot box. Republicans introduced many bills to address these questions. In my week one and week two newsletters, I wrote about my own bills to tackle these issues. Both of my bills were killed by the Democrats. In fact, EVERY single Republican-sponsored bill to clarify or improve election law was killed in the House Privileges and Elections subcommittees on Election Administration and Voting Rights.
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Hear ye, hear ye! The Governor has issued a proclamation to keep the Virginia General Assembly in session for an additional sixteen days, thereby allowing more time for politicians to pass more bills. I’m sure Virginians are thrilled.
With that being said, I will continue providing my weekly newsletters throughout the duration of the regular and special sessions. I encourage you to continue monitoring legislation via https://lis.virginia.gov/ and to provide written input on bills that are of interest to you.
As always, for assistance with any state related matter or agency, please contact my legislative aide, Ms. Dayle Brittain, by email at DelABatten@house.virginia.gov or by phone at 757-741-7001.
Have a wonderful 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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