BIG Changes In Virginia State Laws Starting Today!
Today, Virginians will begin to feel the aftermath of the 2020 General Assembly, as many new laws take effect. While the mere thought of legislation pales in comparison to the stress citizens have understandably been under during this COVID-19 pandemic, we hope that you are still informed about the many new changes that will take effect starting tomorrow. Here are a few of those new laws that The Family Foundation fought hard for and against during session this year:
Helpful Laws
More parental oversight of sensitive Family Life Education (“Sex-Ed”) materials in public schools beginning in 2021. HB 1394 (R-Leftwhich) will make available the complete FLE written instructional materials, including summaries of any audio-visual content, through an online parent portal which gives parents the opportunity to review the materials without having to make a special appointment during school hours.
Harmful Laws
Decades worth of legislation aimed at protecting the unborn and women were wiped away. HB 980 (D-Herring) and SB 733 (D-McClellan) eliminates all basic health and safety standards in abortion facilities, allow nurse practitioners and nurse midwives to perform abortions, eliminate informed consent prior to an abortion, including an ultrasound before performing and abortion, and remove the 24-hour wait period between the ultrasound and the abortion. Tragically, these bills will ultimately increase the number of abortions performed in Virginia and subject women to even greater harm.
Making Any Distinctions Based Upon SOGI Illegal and Targeting Religious Organizations. SB 868 (D-Ebbin) is the main SOGI omnibus bill that incorporates “sexual orientation” and “gender identity” (SOGI) as specially protected statuses into virtually every part of our law, including in public accommodations, public and private employment, housing, and many other areas without any meaningful exemptions for religious organizations such as churches, schools, and nonprofit ministries. And it adds draconian and far-reaching powers to the Attorney General to prosecute and fine anyone in relation to any claims of such discrimination. Read more about it here. Additionally, HB 1049 (D-Levine) specifically targets all faith-based organizations who contract with the state by adding SOGI in contracting terms, and it adds SOGI provisions to around 80 sections of the Code.
Mandated “Transgender” Policies in Every Public School. HB 145 (D-Simon) and SB 161 (D-Boysko) require the Department of Education to develop model polices concerning the treatment of “transgender” students in elementary and secondary schools, which includes bathrooms and locker room use, dress codes, pronoun use, and sex-specific school activities. It then requires every single school district to adopt policies that go at least as far as the Department’s model policies, and specifically allows them to go even further.
Mandated Health Coverage for “Transgender” Services – HB 1429 (D-Roem) requires any health carrier (most employers) to pay for “transgender” health related treatments in their health plans, including “gender reassignment surgeries.” It also defines "gender identity" as “an individual's internal sense of gender, which may be male, female, neither, or a combination of male and female.” There is no religious exemption, even for religious organizations.
Sex Changes on Official Birth Certificate By Request – HB 1041 (D-Simon) and SB 657 (D-Boysko) allows anyone to legally “change” their birth sex on their official birth certificate by doing nothing more than make a simple request to the State Registrar using a form, along with a simple doctor’s note. The bill specifically says the Registrar shall not require any evidence or documentation of any medical procedure. Expect a new level of challenges for religious entities in issues involving biological sex distinctions.
Authorizing Every Local Government to Pass SOGI Ordinances – HB 696 (D-Roem) allows every locality in Virginia to also pass SOGI policies in virtually every part of society. This will almost certainly result in people of faith being targeted simply for following their deeply held religious convictions.
Required Training for All State Employees on SOGI “Cultural Competency” – HB 581 (D-Guzman) requires the Dept. of Human Resource Management to develop an online training module addressing “diversity and cultural competency” in SOGI and other protected statuses. It mandates that all state employees take this indoctrination training.
Licensed counselors are prevented from helping minors overcome unwanted sexual desires through simple talk therapy. SB 245 (D-Surrovel) and HB 386 (D-Hope) prohibits “conversion therapy” for minors, and any licensed health professionals (counselors, psychologists, physicians, etc.) that provide talk therapy to overcome unwanted sexual desires risk having their license taken away. Yet, these new laws will allow licensed professionals to offer “acceptance, support, and understanding” to a minor undergoing “gender transition” or exploring unnatural sexual desires!
Massive expansions of gambling that’ll turn Virginia into the next Atlantic City. HB 4 (R–Knight) and SB 36 (D-Lucas) will allow wealthy corporations to set up casinos in up to five economically distressed localities (including Bristol, Danville, Portsmouth, Richmond, and Norfolk/Virginia Beach) if approved through a local referendum. On top of that, the General Assembly also approved legislation, HB 896 (D-Sickles) and SB 384 (D-McPike), which brings sports betting to the Commonwealth that’ll allow people to bet on professional sports outcomes.
Online Lottery Tickets and “Games of Skill.” HB 1383 (D-Bulova) and SB 922 (R-Norment), repeal the prohibition against selling lottery tickets online. Now, instead of going to a local convenience store or gas station to purchase lottery tickets in person, people will be able to purchase tickets anywhere, at any time, with few safeguards in place to prevent problem gambling.
Decriminalization of Marijuana propels Virginia towards full legalization. HB 972 (D-Herring) and SB 2 (D-Ebbin), which decriminalizes simple marijuana possession, reduces the civil penalty to no more than $25. Under current law the maximum fine of $500 and a maximum 30-days in jail sentence for a first offense, and subsequent offenses are a Class 1 misdemeanor. While the bill doesn’t prohibit law enforcement from searching a vehicle if the odor of marijuana is detected, reducing penalties and fines certainly makes it more difficult to stop its unlawful abuses.
Major transportation package increases gas taxes. HB 1414 (D-Filler-Corn) increases the statewide tax on gasoline and diesel by ten cents per gallon, plus an additional 7.6 cents per gallon in localities not part of a regional transportation tax. Nearly 18 cents more per gallon more will add up quickly for most Virginians who live paycheck to paycheck.
Localities now have the option to impose a 5-cent tax on every plastic bag you receive at retailers. HB 534 (D-Carr) which creates the local option to impose the new plastic bag tax will hurt low-income families the most, some are saying it will actually lead to unsanitary conditions in stores and cause more harm to the environment.
Large energy omnibus package will lead to higher energy costs for families. SB 851 (D-McClellan) imposes the state's first carbon tax on electric power generation. According to the State Corporation Commission (SCC), families across Virginia will begin paying at least $23.30 more per month by 2027-2030, which equates to a $280 jump in their bills annually.
To see the full list of laws taking effect tomorrow, click here.
Bills Carried Over to 2021 or Expected to Be Refiled
Aside from the bills that were passed this session and go into effect tomorrow, we’re keeping a watchful eye on several bills that were carried over to the 2021 General Assembly session. While this is a common practice, this year it could be different because any of these bills could be taken-up by the committee in the legislative body (House or Senate) in which it originated at any time this fall or during a Special Session, which some speculate could be held this August or September. Here’s a few bills carried over to 2021 to be aware of:
Reproductive Right added to the Virginia Constitution – SJ 2 and SB 635 would enshrine a virtually unlimited “right” to abortion in either law or the Virginia Constitution. Adding a right to an abortion in the Virginia Constitution means that even if the U.S. Supreme Court overturns Roe v. Wade, Virginia would still uphold every form of abortion.
Mandated contraception, IUDs, and abortion – HB 526, HB 39, HB 1445, and HB 1713 would mandate that everything from contraception to intrauterine devices (IUDs), to counseling for abortion, to the abortion procedure itself, is paid for through every insurance plans or taxpayer-funded Medicaid.
Repeal parental consent requirement for abortions – SB 21, which would have repealed the parental consent requirement, ultrasound requirement, and hospital regulations, was incorporated into SB 733, but the repeal of the parental consent requirement was eventually removed. Eliminating the parental consent requirement not only violates parental authority but also threatens the health and safety of many young minors who make the unfortunate decision to have an abortion.
Repeal Virginia’s School Choice Program – HB 521 (D-Bulova) would have repealed the entire school choice tax credit program, thus eliminating Virginia’s only school choice program, which currently provides high quality private school scholarships to around 5,000 kids from low-income households. The patron requested the bill to be carried over to next year after we helped mount a major pressure campaign against it.
Force Christian Adoption and Foster Care agencies to place children in homes with two moms or two dads that are inconsistent their deeply held religious beliefs – HB 1051 (D-Levine) sought to repeal Virginia's longstanding conscience rights protection for religious child placement and adoption agencies. After holding a second hearing on the bill to present additional data, it failed to report out of a House subcommittee when no Delegate would “second” the motion to pass it. Click HERE to read more. Nevertheless, we anticipate a brutal fight over this issue next year as the LGBTQ attempt to completely redefine the state’s definition of family.
Physician Assisted Suicide – HB 1649 (D-Kory) would have allowed a so-called medical doctor to prescribe an adult diagnosed with a terminal condition medication that ends the patient’s life. All it would require are two consent forms, one for each dose of medication, signed by the patient, and only one witness. Click HERE to read more.
“Death Tax” – HB 736 (D-Watts) and SB 637 (D-Surovell) would reinstate the estate tax, commonly known as the “death tax,” which amounts to a double tax on property and takes so much of what a person planned to leave as an inheritance to their families.
Popular Vote Compact – HB 177 would enjoin Virginia to the National Voter Compact, which would effectively eliminate the Electoral College in favor of a national popular presidential vote if enough states enter into it.
With the possibility of a Special Session this summer and bills being carried over to the 2021 General Assembly Session that could have severe consequences for the unborn and the nuclear family, there’s still a lot at stake. But The Family Foundation will continue to track all this legislation and provide you with updates when they become available.
