Posts Tagged ‘2021 Virginia General Assembly’

As of July 1, legislation passed during the 2021 General Assembly session, with few exceptions, is now law. This session the Democratic majority continued advancing a significant number of their progressive priorities that I believe move the Commonwealth in the wrong direction and, without course correction, will have negative unintended consequences for years to come.

Even in this difficult political environment there are still opportunities to pass some positive bi-partisan initiatives for the citizens of the Commonwealth. This includes some of the bills I was pleased to be a part of, such as our bill to establish an enhanced tax credit for our farmers to implement best management practices, our bill to improve access to services for all students with a brain injury, as well as a bill headed by Delegate Kilgore to establish a grant program to incentivize solar development on reclaimed mine land and old industrial sites (brownfields) in order to avoid development on prime farm or forest land.

Among the more concerning new laws are those that weaken potential consequences for even the most violent and insidious crimes – even at a time when violent crime is increasing across the nation. These soft on crime measures disregard crime victims and the fact that Virginia’s existing policies allowed the Commonwealth to enjoy one of the lowest violent crime rates and the lowest recidivism (reoffend) rate in the nation. This year the majority also broke the long standard practice of prohibiting taxpayer funding of abortion – which survey after survey shows the public supports maintaining. Following the passage of the “Clean Economy Act” in 2020 that will raise electric bills significantly over the course of the next few decades, they built off this “progress” to pass an emissions standard matching California’s that will drive up transportation and vehicle costs as well.

Marijuana legalization has no doubt been the hot topic of the year and there are respectable arguments on both sides of that issue. Arguments on the general question of legalization aside, the final version of the new law contains numerous problematic aspects. Among them is the fact that we are legalizing the substance but failing to simultaneously have a system in place for a legal market to purchase it. This will allow the black market to flourish, ensuring the legal market won’t likely be able to compete once established. The bill also establishes that possession up to a pound (which I understand can be 900-1,000 joints) is only a $25 fine. Someone in possession of a pound of marijuana does not likely have it only for their personal use – they are probably dealing it. Coincidently, that $25 fine is the same fine now in place if you accidently let go of a balloon at the fair- although that fine is cumulative ($25 for each balloon).

Sometimes what didn’t pass is just as notable as what did. The General Assembly didn’t pass any provision that sought even modest progress to ensure election integrity. These included bills to reestablish the photo ID requirement and allow the opportunity to more frequently remove dead people from the voter rolls, among others. While there was bipartisan support for the bill to require that our schools be open to in-person learning five days a week in accord with CDC recommendations, unfortunately there was not support for making that effective for the remainder of the 2020-2021 school year. Could we have gained decent Democratic support on that effort, it may have salvaged at least several months of what was left of the school year. As it were, many students across the Commonwealth remained shut out from their schools and continued to struggle – putting them even further behind moving forward.

In addition to a brief list below that offers a snapshot of the legislation approved, each year the division of legislative services publishes a document that contains many of the bills signed into law that may be of direct interest/impact to many citizens. That document can be found here.

Of course, neither listing is comprehensive . For the full scope of bills signed into law or considered during the 2021 Regular or Special Session, please visit lis.virginia.gov.

If you have questions about any of the new laws or if my office might be of assistance in any way, please don’t hesitate to reach out. You can reach us by email at [email protected] or by phone at 540-208-0735.

Bills of Possible Interest:
HB 1763 Creates an enhanced income tax credit for the implementation of certain agricultural best management practices by the farmer that are required as part of a certified resource management plan.

HB 1904 requires all school teachers and officials to complete cultural competency training every 2 years, as directed by the Board of Education, or risk revocation of their teaching license.

HB 1909 permits school boards to declare any non-school zone buildings or other school property where employees work as gun-free zones.
HB 1925 establishes the Virginia Brownfield and Coal Mine Renewable Energy Grant Fund and Program.

HB 1965 directs the State Air Pollution Control Board to implement a low-emissions and zero-emissions vehicle program for motor vehicles starting with model year 2025, effectively adopting the California Vehicle Emissions Standards.

HB 2001 mandates all state and local government buildings to add electric vehicle charging materials and to add tracking technology to monitor energy efficiency and carbon emissions. Local governments are given the authority to enact even stricter requirements.

​​​​​HB 2032 includes all employees providing domestic services in employee protection laws. Private homes will be subject and open to inspection by the Dept. of Labor and Industry.

HB 2081 will ban any individuals other than law enforcement from possessing guns within 40 feet of polling places on Election Day.

HB 2159 Prohibits any individual over 16 from releasing a nonbiodegradable balloon into the air outdoors and subjects the individual to a $25 fine per balloon. If a person under age 16 releases a balloon at the instruction of an adult, the adult is subject to the $25 fine.

HB 2312 Legalizes possession of marijuana up to an ounce and allows the cultivation of a limited number of marijuana plants for personal use. Possession of up to a pound of marijuana is reduced to a $25 civil penalty. Imposes limits on dissemination of criminal history record information related to certain marijuana offenses. The bill creates the Virginia Cannabis Control Authority (the Authority), the Cannabis Oversight Commission, the Cannabis Public Health Advisory Council, the Cannabis Equity Reinvestment Board and Fund, and the Virginia Cannabis Equity Business Loan Program and Fund. Establishes a regulatory and licensing structure for the cultivation, manufacture, wholesale, and retail sale of retail marijuana and retail marijuana products, to be administered by the Authority (including pro-union access requirements). The provisions establishing a legal retail market are subject to a delayed 2024 effective date and reenactment by the 2022 Session of the General Assembly.

SB 1165 abolished the death penalty in all circumstances, including for mass murderers, terrorists, and those who kill law enforcement officers.

SB 1266 grants certain crimes — including assault, gang violence, and sex/human trafficking — a presumption for receiving bail and requires a judicial officer to consider all relevant information before denying bail.

SB 1276 repeals the ban on abortion coverage in plans offered through the state-operated exchange, allowing taxpayer funding of abortion.

SB 1303 requires all school divisions to offer full-time, in-person instruction effectively starting with the 2021-2022 school year (previous efforts to make it effective in February for the remainder of the 2020/2021 school year failed to pass).

SB 1381 makes it a Class 1 misdemeanor to carry a firearm in the Capitol Building, within Capitol Square and the surrounding area, and any state-owned building or building where state employees regularly work.

Harrisonburg- On Thursday Governor Northam signed a bill into law that aims to make it easier for students with a brain injury to receive the appropriate educational supports and services in school. Delegate Tony Wilt (R-Broadway) patroned the bill during the 2021 Legislative Session after hearing from a local mother who faced difficulties in getting the appropriate services for her child with a brain injury.

The bill modifies the current definition of brain injury for special education services to be more inclusive of acquired brain injuries, beyond only those obtained through external physical force. The current narrow definition can result in some students with an acquired brain injury not receiving the appropriate services or receiving services that are unnecessary. Delegate Wilt worked with the constituent, Amanda Morris, Brain Injury Connections of the Shenandoah Valley, the Brain Injury Association of Virginia and the Virginia Department of Education to develop the bill last fall and ensure its passage in the General Assembly.

“March is Brain Injury Awareness month and it provides Brain Injury Connections of the Shenandoah Valley with additional opportunities for advocacy concerning the needs of individuals living with brain injury,” commented Cindy Noftsinger, Executive Director of the local organization. “We understand that people living with brain injury deserve better access to services and supports, but we need champions like Delegate Wilt and our parent advocate, Mrs. Morris, to help spread the word. With better understanding of the unique needs of persons with brain injury, our communities become aware of existing challenges and ways folks can help improve lives. When we all work together, as we did on this bill, we can make a huge impact on individuals, families and our community.”

“We are hopeful that this bill will fill the gap between the medical and educational field for children affected by brain injury and increase collaboration between educators and health professionals who are trained to provide guidance on the specific needs of the child’s cognitive abilities,” stated Mrs. Morris. “My son James was the inspiration for this bill, he has had to fight many battles in his life, the right to a free and appropriate education should not have been one of them.”

“I appreciate Mrs. Morris bringing this issue to my attention and I’m hopeful the broader definition will better meet the needs of students with a brain injury and their families,” said Wilt. “It’s certainly fitting this new policy that will benefit students with a brain injury was signed into law during Brain Injury Awareness Month.”

Brain Injury Connections of the Shenandoah Valley seeks to enhance the lives of individuals affected by brain injury through cultivating connections with information, services and resources. Through their work and the work of similar organizations, brain injury awareness and supports for individuals with a brain injury has made gains in recent years. In addition to this bill the General Assembly has passed several other reforms, including a bill sponsored by Delegate Wilt last year to ensure law enforcement crisis intervention team members have traumatic brain injury training.

Harrisonburg- On Friday Governor Northam signed a bill into law that many in the agriculture and conservation community believe will be a helpful new tool to encourage local producers to implement water quality improvement practices. The bill, sponsored by Delegate Tony Wilt (R-Broadway), will offer an enhanced tax credit to farmers that implement certain best management practices on their farms.

Delegate Wilt first introduced similar legislation during the 2020 Regular Session, but that bill did not make it out of the Appropriations Committee. However, after a diverse coalition of agriculture, conservation and environmental groups spoke out strongly in support of the measure it found success in the legislature this year. The new credit will cover 50% of the cost of the practice and farmers interested in pursuing the credit will work with their local Soil and Water Conservation District office.

“The idea of an enhanced tax credit for our farmers was one of the recommendations included in the latest roadmap for restoring the Chesapeake Bay and its tributaries, so I’m glad to see it come to fruition,” said Wilt. “Along with existing cost-share and other programs this will further assist in the effort to improve water quality and meet our goals without the need for heavy-handed government intervention.”

Senator Emmett Hanger (R-Augusta) carried companion legislation in the Senate this year and that bill was also signed into law Friday by the Governor. In addition, Delegate Wilt served as the chief co-patron of another agriculture initiative sponsored by Delegate Wendy Gooditis (D-Clarke) that seeks to aid the struggling dairy industry through a Dairy Margin Coverage Premium Assistance Program. That bill is still awaiting the Governor’s signature, but it is expected he will sign the legislation. Delegate Wilt has championed targeted support for the dairy industry the last number of years as farmers have had to contend with extremely low milk prices and other compounding factors.

Harrisonburg- On Wednesday Delegate Tony Wilt (R-Broadway) filed legislation to establish a task force dedicated to ensuring Virginia’s students do not permanently fall behind as a result of the pandemic and subsequent remote learning environment.

The task force calls for 22 members, including state education leaders, teachers, parents, legislators and other education officials and citizen members. The group will develop policy and funding recommendations to assist public school students impacted by school closures and the remote learning environment to ensure students that may be struggling during this time do not fall further behind, but rather are given the tools and services necessary to succeed moving forward. The task force is charged with developing a uniform strategy to effectively identify students in need of remediation services, identify the necessary interventions and services that must be deployed, as well as conduct a review of existing education mandates and requirements that may be appropriate to waive or modify.

“I’ve talked to numerous parents with students struggling in the current learning environment, even students that typically excel in school,” said Wilt. “While I know our teachers and school officials are trying to do the best they can in these challenging circumstances, the reality is the current situation is not ideal for most. When we get back to relative normalcy, hopefully sooner rather than later, we cannot continue as if nothing ever happened. A significant population of our k-12 students will be in desperate need of remediation services and coursework- not to mention the behavioral and mental health component. In discussions with local school officials I was delighted to hear they are already planning innovative and substantive remediation efforts. This state-wide review is intended to complement any local efforts and ensure all students have the supports they need.”

The bill is awaiting committee referral, but the Delegate expects it to be taken up within the next two to three weeks.