2021 GA Session Recap - What You Need To Know!
The 2021 General Assembly Session, which lasted 45 days (30 days, plus a Special Session extension), officially adjourned on March 1. It was very different this year as the House of Delegates conducted all its committee meetings and full sessions virtually and the Senate met in-person at the Virginia Science Museum for full sessions but held committee meetings virtually. Despite some legislators and their staff working from Richmond, the inability to freely walk the halls of the Capitol and the General Assembly building and speak to legislators added to the challenges created by the virtual environment.
If we could describe this session it could be: “The 2021 session resulted in the approval of more bad liberal policies championed by the majority party, but it could’ve been a lot worse.” Whether it was the limited number of bills legislators could introduce, the left’s laser-focused agenda, or simple burn-out from the long 2020 Regular session (60 days) and Special Session (nearly 90 days), the breadth of damage was thankfully somewhat contained.
Marriage and Family
This year, legislation was passed to begin the process amending the state constitution recognizing that marriage is a union of one man and one women that the General Assembly and the people of Virginia rightly approved in 2006. However, SJ 270 (D-Ebbin) and HJ 582 (D-Sickles) go further than just removing the current language and actually replace it with new language. The resolutions provide that the state and local governments “shall issue marriage licenses, recognize marriages, and treat all marriages equally under the law regardless of the sex or gender of the parties to the marriage.”
The resolutions never actually DEFINE what marriage is, and by stating that ALL “marriages” be treated equally under law, this would overrule current statutory prohibitions against marriages between relatives, marriages with more than two people (potentially unlimited), and child marriages.
In addition to completely redefining what constitutes marriage, SB 1321 (D-Boysko) dramatically expands who can become a parent by amending the current law to allow any “person with a legitimate interest,” which could include any number of interested people, to file a petition to the circuit court for adoption of a child. Under this bill, a live-in boyfriend or same-sex partner will now be able to petition the court for adoption.
Life
It was just a year ago that the radical pro-abortion majority in the General Assembly repealed over 40 years of protections for the unborn and their mothers, and this year Virginia Democrats continued their pro-abortion agenda by forcing taxpayers to fund more abortions. Thankfully, Virginia Democrats decided not to introduce legislation to start the process of adding a right to an abortion to the state constitution, or get rid of parental consent for minors seeking an abortion, yet it’s abundantly clear now they want to use your tax dollars to pay for abortions. This year pro-abortion legislators passed SB 1276 (D-McClellan) and HB 1896 (D-Hudson), which allow coverage of abortion on demand in Virginia's Obamacare health exchange. State funds are be used for managing the exchange and for subsidizing these health plans in many cases.
If repealing health and safety standards to line the pockets of Planned Parenthood and forcing taxpayers to fund abortions wasn’t enough, in a symbolic move on the anniversary of Roe v. Wade Speaker Eileen Filler-Corn’s House Rules Committee voted down HB 2244 (R-LaRock), which sought to include as part of Virginia’s Family Life Education curriculum a requirement that public school students be presented a video recording of an ultrasound of a live unborn baby. By showing a recording of an ultrasound of a baby in the womb – something that every mom and dad gets to see – students can see the miraculous process of human development that God created. (Click HERE to read more).
At least we were able to avoid efforts to legalize physician assisted suicide and enshrine a presumptive right to an abortion in the state constitution - until next year! Oh, and the attempt to decriminalize and destigmatize the common law crime of suicide also failed!
Education and Parental Authority
The liberal majority defeated proposals to provide much-needed assistance to parents whose children have been unable to attend school in-person, including HB 1742 (R-Webert), which would’ve established a voucher to be used at another public or nonpublic school, and HB 2090 (R-Cox) which created a special fund using federal CARES Act funds to reimburse parents for tutoring services or other related education costs incurred during the COVID-19 pandemic.
While rejecting sensible efforts to provide parents more education choices and resources, the majority pushed through SB 1196 (D-Locke) and HB 1904 (D-Jenkins), which require any teacher, principal, and division superintendent evaluations to include an evaluation of "cultural competency.” During committee hearings and debates, no legislator could provide a specific definition of what “cultural competency” is, which means it’s possible it could eventually come to include teachings about so-called “Critical Race Theory,” a modern form of Marxism. (Karl Marx was the founder of Communism.).
The biggest battle regarding education this year was over SB 1303 (R-Dunnavant), intended to require school divisions to allow parents the option of in-person education. The legislature ultimately passed the bill, but not after the Democrat-led House moved to gut the impact of the bill by allowing school boards to be able to continue online-only schooling for the remainder of the Governor’s COVID emergency declaration and permitting teachers to still be able to work remotely. In addition, unless the Governor agrees to make the bill effective upon his signature, it will not actually help any families until July 1, 2021, well after the conclusion of the 2020-2021 school year.
Thankfully, this year the anti-school choice proponents didn’t push for the repeal of the Education Improvement Scholarship Tax Credit (EISTC) program, something we were preparing for months to defend. This is Virginia’s successful school choice program that allows over 4,500 low-income students receive a scholarship to attend a private school that meets the student’s education needs.
Religious Liberty and Conscience Rights
Maybe the biggest victory this session was the defeat of HB 1932 (D-Levine), a bill that would've repealed critical religious and conscience protections for faith-based child placement agencies. All indications were that the Senate appeared content on passing a “compromise” version that left certain protections in place but specifically repealed the provision that protects faith-based agencies’ ability to contract with the state to provide services. But in the final days of session, the Senate sent the bill back to the Rehabilitation and Social Services committee, where it died for the year! This means faith-based adoption and foster care agencies can continue to help children and families without having to abandon their core principles that marriage is between a man and a woman, and that children do best when they have both a mom and a dad. You can read more HERE and HERE.
Another victory was passage of a bill, SB 1356 (R-Kiggans), ensuring pastor visitation during a declared public health emergency. This bill would require the Boards of Health and Social Services to include in its regulations a requirement that each hospital, nursing home, certified nursing facility, hospice, and assisted living facility allow patients or residents to receive visits from a rabbi, priest, minister, or clergyman upon request, or virtually if in-person visitation is absolutely not optimal, during a declared public health emergency.
Another victory was the defeat of two “workplace harassment” bills, SB 1360 (D-McClellan) and HB 2155 (D-Watts), that would’ve punished virtually all private employees for any “direct or indirect” and “verbal or nonverbal” conduct on the basis of “sexual orientation,” or “gender identity,” etc. as having committed “workplace harassment” - even when the conduct occurs outside the workplace.
Despite those victories, the Democrat-controlled legislature continued its brazen assault on religious liberty protections this session. Senate and House committees voted down bills, SB 1116 and SB 1117 (R-Peake) and HB 2268 (R-Cole), which sought to protect individual freedom by preventing Virginians from being forced to receive a vaccine for COVID-19 against their deeply held religious convictions. These bills were introduced in response to comments by State Health Commissioner, Dr. Norman Oliver, who stated during an interview that under a public health emergency, he has the authority to require certain immunizations, and that he plans to mandate every Virginian to receive a COVID-19 vaccine once one is available to the public, without allowing for religious exemptions.
A Democrat-controlled House committee also defeated HB 2335 (R-Walker), declaring that each adult has a fundamental right to be free from medical mandates from the government, private employers, health care entities, or providers of public accommodations. It would have also prevented people from being forced to undergo treatments or procedures, including receiving vaccines, against their will.
In a very telling example of just how far the Left will go to eliminate any religious conscience protections, they passed SB 1178 (D-Ebbin) to repeal a conscience protection for genetic counselors who assist a patient in understanding certain genetic tests and any inheritable diseases, which could be used to choose an abortion or the destruction of a human embryo – even when there have been no known complaints! (Click HERE to read more.)
Constitutional Government and Limits on Executive Powers
For the second year in a row, the National Popular Vote Compact was defeated. Actually, SB 1101 (D-Ebbin) was “stricken” by the patron and HB 1933 (D-Levine) never received a hearing, probably because they lacked the votes to pass it. These bills would’ve added Virginia to the National Popular Vote Compact, which allocates Virginia's electoral votes to the presidential candidate who wins the national popular vote, regardless of the candidate Virginians choose. It would effectively end the Electoral College by joining Virginia into a compact with some of the deepest blue states, such as California and New York, to do the same. To read more, click HERE and HERE.
It also appeared that the Senate General Laws and Technology Committee was uneasy about HB 2313 (D-McQuinn) carried on behalf of the Northam administration. It would’ve given the Chief Workforce Development Advisor and the Director of Diversity, Equity and Inclusion a “special exemption” from the Freedom of Information Act, which included the working papers and correspondence of the Office of the Governor. Government operates best when it operates in the open as all citizens have a right to know how their elected officials conduct the operations of their offices. So, it begs the question: What was the Governor hoping to hide?
That, however, was the only bright spot when it came to limiting executive powers. The Democrat-controlled legislature defeated several bills – SB 1378 (R-Newman), SB 1131 (R-Suetterlein), and HB 2087 (R-Cox) – that would’ve limited the duration of any rules, regulations or orders pertaining to a state of emergency to not more than two months, unless the General Assembly meets to take action.
In fact, the General Assembly actually grew executive powers with the passage of the “Nanny State” bills - SB 1310 (D–McClellan) and HB 1864 (D-Price), which make an “employer” anyone who hires just one person, even if it’s part-time (a few hours a week), as an in-home nanny, babysitter, or tutor for their child – and opening them up to civil lawsuits under the Human Rights Act from the Attorney General and/or disgruntled applicants or former employees. These dangerous bills could result in parents being sued for "sex discrimination" if they hire a woman over a man to take care of their young children as a babysitter or nanny in the home without them being there, or for “religious discrimination” if they specifically hire someone of their own faith as an in-home tutor, and even be subjected to in-home visits from the Health Department to conduct an inspection of the premises! (Click HERE to read more.)
Human Exploitation
Last year, Governor Northam helped put Virginia on the path towards becoming the next Atlantic City by legalizing casino gambling and sports betting, but this year he’s gone even further to make legalization of recreational marijuana his primary agenda item. SB 1406 (D-Ebbin) and HB 2312 (D-Herring) will legalize simple position of marijuana (up to one ounce) and allow the commercialization (e.g., licensing, cultivation, home grows, sales) for adult recreational use beginning January 1, 2024. The final versions that passed do include a re-enactment clause pertaining to the commercialization provisions that will require the General Assembly approval again in 2022, as well as the option for localities to opt-out through a referendum that must be conducted by December 1, 2022.
The evidence from various studies and the experiences of other states clearly show that legalizing marijuana for recreational use will lead to more addiction, mental illness, suicide, traffic deaths, and much more. (Click HERE to learn more about the dangers of legalized marijuana and Click here to listen to Del. Leftwich's testimony on the bill.) While we hope that Governor Northam will listen to the wise advice offered by many opponents, like Congressman Bob Good (R-VA), and veto this legislation, we are urging him to at least keep the reenactment clause and the local opt-out provision.
Budget and Taxes
Finally, as part of Virginia’s annual tax conformity legislation, with SB 1146 (D-Howell) and HB 1935 (D-Watts) the House and Senate agreed to allow small businesses that received Paycheck Protection Program (PPP) loans to deduct up to $100,000 from Virginia state taxes. Though, the average PPP loan-turned-grant in Virginia actually exceeds that figure. Neither bill addresses the following tax year, which could open the door massively punitive tax increase in future years.
By contrast, in D.C., both parties agreed to exempt from federal taxation 100 percent of ALL PPP funds received. It would seem that if it's good enough for Nancy Pelosi and Chuck Schumer, then it should be good enough for the Democrats in the Virginia legislature!
Towards the end of session, the Northam Administration reported that state revenues are projected to be $730 million more than previously calculated, in what was supposed to be a “struggling” economy. According to economists and state revenue forecasters, this amount combined with a previous increase, means that state revenues are running $1.2 billion ahead of schedule. The liberal majority appropriated these “new revenues” to advance their liberal agenda, while conservatives are advocating for rebates of $190 for individuals and $380 for families. However, a significant portion of these revenues are derived from strong sales tax collections over the Christmas holiday season, which means if that trend doesn’t continue then tax-and-spend liberals will have to dip into the pockets of Virginia families and raise more taxes!
The budget also establishes the Joint Subcommittee on Tax Policy, proposed by Senator Janet Howell (D-Fairfax), chair of the Senate Finance and Appropriations Chair. Beware of this special committee because its aim is to evaluate “tax brackets, tax rates, credits, deductions, and exemptions,” which could lead to dramatic changes to Virginia’s tax code, or worse – recommend repealing important tax preferences, like the EISTC program for low-income families.
As we’ve seen in the past few years, it’s never a good sign for families or people of faith whenever liberals initiate “special committees” to evaluate public policy.
Below are the weekly summaries from the 2021 General Assembly session:
MORE RADICAL POLICIES EXPECTED THIS SESSION!
WEEKLY RECAP: VIRGINIA BECOMING A LEFTIST “NANNY STATE”!
WEEKLY UPDATE: WHAT YOU NEED TO KNOW AT THE MID-WAY POINT!
WEEKLY UPDATE: LIBERALS KILLING GOOD BILLS, PASSING POINTLESS ONES!
