NEWSLETTER
APRIL 30, 2020
On April 22, the General Assembly completed our constitutionally mandated duties for the 2020 general legislative session. We had an incredibly busy and productive session, with over 1,200 bills being signed into law.
I want to share with you my work and some of the major laws resulting from this session.
Virginia’s State Budget
The COVID-19 pandemic has impacted our personal lives, public health, and economy. When the General Assembly adjourned in March, it passed two historic budget bills that I am proud to have supported: House Bill 29, an updated budget through June 30, the remainder of this budget year, and House Bill 30, a biennial budget for fiscal years 2021-2022, which begins on July 1.
On April 22, we amended both budget bills to provide the following flexibility to the state to allow us to respond to COVID-19:
Increase funding for the Virginia Department of Emergency Management and other state agencies leading our response to the pandemic.
Defer Virginia’s voluntary deposit to our state’s revenue reserves.
Provide $50 million to cover unbudgeted expenses related to COVID-19, particularly for funding that states may be required to match in order to secure federal assistance. Some of these matching fund requirements include grants for veterans care, elections, and potential alternative care facilities.
Give flexibility to K-12 education systems and state agencies and institutions of higher education to meet student needs during the pandemic.
Increase per diem rates for nursing homes and specialized care facilities.
Allow the state to access federal Coronavirus Aid, Relief, and Economic Security (CARES) Act funds to provide incentive grants to child care providers, establish emergency child care, eliminate co-pays for federal subsidy program participants, and extend absence days for temporarily closed daycare centers.
Authorize the Virginia Department of Corrections to release offenders who meet certain criteria.
Enable the Virginia Department of Taxation to waive interest on certain late state income tax payments
When the General Assembly passed the biennial budget for fiscal years 2021-2022 earlier this spring, we expected a healthy revenue surplus. Because we can no longer rely on those projections, we have since generally froze spending and allocations at the levels of the previous biennial budget. It is an important step and helps to ensure we meet our constitutional requirement to have a balanced budget.
This means that about $2 billion in spending that was approved by the General Assembly earlier in the spring are now on hold, including my funding requests for Mason Neck State Park, the Turning Point Suffragist Memorial, exempting live-in caregivers from the Electronic Visit Verification program, and overtime for home health aides.
After we re-forecast our revenue, the General Assembly will meet to finalize the biennial budget for fiscal years 2021-2022. When we reconvene, I will continue to push for these and other funding affecting our community.
Legislative Updates
I served on three committees this session - General Laws; Health, Welfare and Institutions; and Agriculture, Chesapeake, and Natural Resources - and five subcommittees, including as Chair of the Natural Resources Subcommittee. My legislative agenda aimed to expand healthcare access, lift up working families, address infrastructure needs in our community, increase consumer protections, create a more inclusive Virginia, protect our environment, expand access to voting, and reform tax policy.
I am pleased to share that 22 of the bills I introduced passed the General Assembly and have been signed into law. Additionally, three of my bills were incorporated into other bills that accomplish similar goals and two bills were recommended for continued study. Many thanks to the constituents who worked with me to advance these priorities. You can see the legislation that I introduced this year at www.kathyfordelegate.com/legislation.
Below are highlights of new laws passed during the legislative session and our work to ensure that all Virginians have opportunities to thrive. Unless otherwise noted, these bills have been signed into law and will take effect on July 1, 2020.
Healthcare access
We took several actions to protect and expand access to affordable healthcare, including:
House Bill 1503: Requires individual and small group insurance markets to cover the cost of diagnosis and treatment of autism spectrum disorder for plans that are in place after January 1, 2021.
House Bill 1428: Establishes a State Health Benefit Exchange program to help lower insurance costs for Virginians.
House Bill 66: Caps insulin copays to $50 for a month’s supply.
House Bill 1141: Ensures that, if the Affordable Care Act was repealed, any new insurance plans that go into effect would still cover pre-existing conditions. I introduced this bill and am grateful to have the support of the Virginia Association of Health Plans.
House Bill 1226: Prohibits the VCU Health System Authority and UVA Medical Center, the state’s two public hospital systems, from aggressively collecting debt unless reasonable efforts have been made to determine if the patient is eligible for financial assistance. I introduced this bill and partnered with the Virginia Poverty Law Center, VCU, and UVA.
House Bill 1701: Directs our state to study ways we can expand access to telemedicine services, requires the state to pursue reciprocal medical licensing agreements with states that border Virginia, and mandates expediting licensing applications for certain medical professionals from bordering states. This is particularly important as the COVID-19 pandemic has highlighted the urgent need to expand access to telemedicine and increase the capacity of our healthcare workforce. I introduced this bill and had the support of the Northern Virginia Medical Society, the Virginia Medical Society, and Americans for Prosperity.
Public education
This year, most of our work to strengthen public education was done through the budget process. As noted earlier, these investments are on hold until we are able to re-forecast our revenues and reassess our budget:
Pay raises for teachers.
Increases in funding for the Virginia Preschool Initiative.
Funding to freeze tuition at Virginia’s public universities and
Increases in funding for need-based financial aid at public institutions of higher education
Additional funding for the Tuition Assistance Grant program.
Creation of the “Get Skilled, Get a Job, Give Back” workforce program.
Below are bills I introduced that have been signed into law:
House Bill 1143: Provides local school boards with flexibility to hire licensed behavioral analysts and licensed assistant behavior analysts to support students, particularly those in special education. I am glad to have had the support of the Virginia Education Association and the Virginia Association for Behavior Analysis.
House Bill 1208: Requires school boards to develop processes to allow students to apply for a bus pass if they have family members with medical conditions that make it hard for them to provide transportation. I thank my constituent for sharing her family’s experience about this issue with me.
Transportation infrastructure and road safety
In addition to passing the first omnibus transportation funding bill since 2013, we also addressed road safety during the session, including:
House Bill 1414: Provides new funding to modernize Virginia’s road and rail infrastructure. Benefits for our community in the 42nd District include the following:
$200 million additional for SMART Scale funding available to Fairfax and Loudoun Counties.
Restores an additional $50 million for the Northern Virginia Transportation Authority, which is used to improve our regional transportation infrastructure.
$40 million increase to the Virginia Department of Transportation’s road maintenance budget, which includes maintenance of secondary highways.
Increases Virginia Railway Express service by beginning the process to build a new rail Long Bridge over the Potomac River.
The car safety inspection, which was originally proposed to be eliminated, remains an annual requirement.
To address the sustainability of Virginia’s transportation infrastructure needs, changes in funding structures include:
Increasing the gas tax by 5 cents a year for 2 years.
Establishing a 7.6 cent regional gas tax in areas that do not currently have one. Our community in Northern Virginia already has a regional gas tax and is unaffected by this change.
Indexing the gas tax to the Consumer Price Index instead of the sales price of fuel.
Delaying changes to the diesel tax until July 1, 2021.
Establishing fees for fuel efficient vehicles.
Reduces most passenger vehicle registration fees by $20 starting in Fiscal Year 2022.
House Bill 1442: Allows state and local police to use speed cameras in school and highway work zones.
House Bill 874: Bans the use of cell phones while driving in order to protect Virginians from distracted driving.
House Bill 1217: Directs the Department of Transportation to assess how to identify and fund repairs to transportation infrastructure weakened due to flooding in Northern Virginia. I introduced this bill to address concerns in our community, like the bridge on Old Colchester Road in Mason Neck.
Gun Safety
We made progress on gun violence prevention reform, such as:
House Bill 2: Establishes universal background checks and eliminates certain loopholes in our Code.
House Bill 9: Requires gun owners to report lost or stolen firearms within 24 hours of discovering the loss.
House Bill 421: Provides local governments with the option of establishing policies regarding firearms. Any laws passed by localities must adhere to the Constitutions of the U.S. and Virginia, federal laws, and Virginia state laws.
House Bill 674: Grants judges the authority to issue a temporary Emergency Substantial Risk Protective Orders for people deemed a risk to themselves or others based on a sworn petition from a law enforcement officer. Those under an ERPO would be prohibited from purchasing, owning or transporting a firearm during that time.
House Bill 812: Restricts Virginians to purchasing one handgun per month, a law that had been previously in effect in our state.
House Bill 1004: Makes it a Class 6 felony if an individual who is subject to a protective order knowingly possesses a firearm.
House Bill 1083: Increases the penalty and age limit to 18, from the current limit of 14, by which Virginians are unable to recklessly leave loaded and unsecured firearms around children
Advancing women’s rights
We passed the following legislation to advance women’s rights and equality:
House Joint Resolution 1: Makes Virginia the 38th and final state needed to ratify the Equal Rights Amendment.
House Bill 980. Repeals medically unnecessary barriers to abortion services and reproductive healthcare
House Bill 827: Prohibits discrimination in the workplace on the basis of pregnancy, childbirth, or any related medical condition.
House Bill 1228: Requires businesses with state contracts of $10,000 or more to inform and train their employees about their sexual harassment policies. This is one of the bills I introduced.
Senate Bill 804: Includes domestic workers in our state’s employment protection laws.
Here are some highlights of the budget regarding women’s rights:
The Virginia Secretary of Health and Human Resources is directed to convene a workgroup to study how Virginia could establish and fund a doula program.
Funding to extend Medicaid coverage for mothers for 12 months after giving birth is on hold until the General Assembly holds a special session to reassess the budget.
Criminal Justice Reform
We advanced important reforms to Virginia’s criminal justice system, including:
House Bill 298: Extends the statute of limitations for misdemeanor sexual offenses to give eligible survivors more time to seek justice. I introduced this bill, and I am proud to work with the Virginia Sexual and Domestic Violence Action Alliance to pass it.
House Bill 995: Increases the felony larceny threshold from $500 to $1,000.
House Bill 909: Prohibits suspension of driver’s licenses because of non-driving related offenses and fees.
House Bill 972: Decriminalizes simple possession of marijuana and studies the impact of fully legalizing marijuana in Virginia. (This bill is currently being considered by Governor Northam.)
Expungement Reform: Various bills dealing with expungement reform, including my House Bill 1207, will be studied by the Virginia Crime Commission.
Creating a more inclusive Virginia
We were able to make historic progress on equality for all Virginians, such as:
House Bill 973, House Bill 1325, House Bill 1521, House Bill 857, House Bill 1638, House Bill 914, and House Bill 1086: Remove racist language left over from the Jim Crow era from various sections of our code dealing with education, criminal law, and more.
House Bill 6: Prohibits discrimination in house on the basis of source of income, which includes housing vouchers.
House Bill 618: Expands protections based on gender, disability, gender identity, and sexual orientation under our hate crime laws.
House Bill 1211: Increases safety on our roads by allowing immigrants, regardless of their status, to apply for driving credentials if they pass the DMV’s knowledge, skill, and road tests and meet Virginia’s insurance requirements. I am proud to have worked with many advocates on this bill, which will take effect on January 1, 2021.
House Bill 1210: Establishes an Office of New Americans to assist with immigrant integration. I worked with New American Economy, World Education Services, Church World Services, and the International Rescue Committee to pass this bill.
House Bill 1547: Allows all Virginia students, regardless of immigration status, to be eligible for in-state tuition at public Virginia universities if they meet certain criteria.
House Bill 1179: Allows refugees and Special Immigrant Visa holders to be eligible for in-state tuition immediately after resettling in Virginia. I introduced this bill and am thankful for the support of the International Rescue Committee to pass this bill.
Senate Bill 868: Establishes comprehensive protections in public accommodations, housing, and employment for LGBTQ Virginians.
Protecting our environment
We made important strides to protect our environment and fight climate change with:
House Bill 1422: Establishes guidelines and a target of December 31, 2025 to achieve Virginia’s water quality goal to preserve and protect the Chesapeake Bay.
House Bill 414: Makes it easier for homeowners to install solar panels if they belong to a homeowners association.
House Bill 1526: Also known as the Virginia Clean Economy Act, shifts the state’s energy portfolio to 100 percent renewable energy by 2045, increases solar and offshore wind energy by more than 16,100 megawatts, makes it easier for homeowners to install solar, and promotes energy efficiency across our Commonwealth.
House Bill 572: Also known as the Solar Freedom Bill, makes it easier for property owners and local governments to access solar energy.
House Bill 533: Prohibits, with some exceptions, food vendors from serving food using single-use styrofoam containers by 2023. This bill must pass the General Assembly in the 2021 legislative session to take effect.
House Bill 981: Directs Virginia to join the Regional Greenhouse Gas Initiative, which will lower our Commonwealth’s greenhouse gas emissions and use the revenue generated to invest in energy efficiency programs for low-income households.
House Bill 1205: Expands the communication methods that will be used to notify Virginians if harmful substances are released into public waters and affect public health. I introduced this bill and thank the Virginia Conservation Network, James River Association, League of Conservation Voters, and the Sierra Club for their support.
Supporting working families get ahead and ensuring safe workplaces
According to Oxfam, Virginia is in last place in the country when it comes to supporting our workers and working families. We passed the following bills to increase support of working families:
House Bill 395: Puts Virginia on the course to raising the minimum wage to $15 an hour by 2026, with the first increase to $9.50 an hour slated for May 1, 2021. Student workers, au pairs, and agricultural workers are exempted.
House Bill 358: Allows state agencies and localities the ability to issue Project Labor Agreements for public works projects starting May 1, 2021.
House Bill 582: Provides local governments with the option to allow public sector employees, like firefighters and teachers, to collectively bargain starting May 1, 2021.
House Bill 833: Requires all state contractors and subcontractors to use prevailing wages for public works contracts. Additionally, this bill allows local governments to utilize prevailing wages for their public works contracts, and incorporates my House Bill 1203.
House Bill 1198: Gives the Virginia State Board of Workforce Development flexibility to meet Virginia’s dynamic economy and workforce needs. I introduced this bill and worked with the Governor’s Chief Workforce Advisory on it.
House Bill 1199: Provides whistleblower protections for employees and independent contractors if they report that the employer is misclassifying workers in order to avoid paying required benefits or other compensation. This is another bill that I introduced and worked with the Governor’s Chief Workforce Advisor on.
House Bill 1201: Allows localities to establish responsible bidder criteria in their bid requirements for public works projects. I appreciate working with the Mid-Atlantic Pipe Trades Association on this bill.
Strengthening Our Democracy
Many of these reforms are particularly important as constituents have raised their concerns about being able to vote safely in our November elections:
House Bill 1: Establishes no-excuse absentee voting.
House Bill 238: Provides additional time for absentee ballots to be received and counted in an election.
House Bill 207: Allows Virginian voters to sign-up once a year to vote absentee by mail for all elections they are eligible to vote in that year starting on July 1, 2021.
House Bill 19: Reinstates the option of casting a ballot without photo identification, which was repealed in 2013.
House Bill 201: Establishes same day voter registration starting on October 1, 2022.
House Bill 1678: Extends the hours for polling locations from 7pm to 8pm starting in 2021 if the same bill is approved again during the 2021 regular session.
House Bill 202: Requires election officers to receive increased training about voting laws. I introduced this bill and appreciate working with New Virginia Majority to pass it.
House Bill 1210: Ensures all Virginians, regardless of their English language abilities, are able to participate in our democracy by requiring our state and local governments to translate election materials that meet criteria set by the Voting Rights Act. This bill goes into effect on September 1, 2021. This is another bill that I introduced and had the support of New Virginia Majority.
SJ 18: A Constitutional amendment on redistricting that will be put to voters as a referendum in November.
Below are additional bills that I introduced that have been signed into law and will go into effect on July 1, 2020:
House Bill 1222: Allows individuals living in nursing homes and assisted living facilities to use recently expired IDs to notarize documents. Thank you to Daniel, my constituent, for his advocacy.
House Bill 1225: Clarifies when electric utilities are able to terminate power without advanced notice and establishes an appeals process for customers. Thanks to Cheri, my constituent, for highlighting this issue. I was glad to work with the Virginia Poverty Law Center, Dominion Energy, Appalachian Power, and the Virginia, Maryland & Delaware Association of Electric Cooperatives to pass this bill.
House Bill 1221: Requires the Department of Small Business and Supplier Diversity to provide new business owners with information on Virginia’s requirements for maintaining their business. I appreciate Norm, my constituent, and his son, Scott, for sharing their experience with this issue.
For my previous updates about how Virginia is addressing COVID-19 and related resources, see https://www.kathyfordelegate.com/coronavirus-resources.