Weekly Update: Showdown Over School and Pot Remain!

This week (Week 6) was the last full week of committee hearings on bills that were carried over to the Special Session, with Monday being the final day for committees to act on any remaining bills.  Then, all eyes will be on legislation aimed at getting students back into school and legalizing the recreational use of marijuana, as well as finalizing amendments to the 2021-2022 budget. 

For almost a year, parents across Virginia have been demanding the reopening of public schools, and after a long debate Gov. Northam is now calling for school boards to offer some form of in-person learning option by March 15.  Interestingly, his statement came just a few days after SB 1303 (R-Dunnavant), a bill that would require every school district to provide parents with an in-person learning option, passed the full Senate despite heavy opposition from the teachers’ unions.  However, the Democrat-led House coordinated with Northam on a substitute version that guts the impact of the bill by still allowing school boards to continue online-only schooling during the remainder of the Governor’s COVID emergency declaration and expressly gives teachers the right to work remotely no matter what. A House subcommittee passed the substitute 8-0, but afterwards Republicans expressed their disapproval of the surprise substitute bill. 

The two marijuana legalization bills, SB 1406 (D-Ebbin) and HB 2312 (D-Herring), are headed to a conference committee to work out the differences between the two versions.  SB 1406 contains a re-enactment clause that would require the General Assembly to re-approve it in 2022, as well as a local opt-out of commercial marijuana through a local referendum that would need to be held in 2022 or 2023.  HB 2312 contains neither of these provisions.

In SB 1406’s current posture, beginning July 1, 2021, adults 21 and older will be able to possess up to one ounce of marijuana and not be subject to any civil fine, and it would become legal to cultivate, manufacture, sell or buy adult-use marijuana beginning July 1, 2024.  In HB 2312 all these would become legal on January 1, 2024, including possession.

Next week there’s going to be a battle over how to best prioritize an additional $730 million in newly forecasted revenues over the next two years.  The General Assembly majority will certainly seek ways to advance their liberal agenda, while conservatives are advocating for rebates of $190 for individuals and $380 for families.  We will also be specifically monitoring the budget process for amendments to fund more abortions.

Below are updates on important bills since last week:

Bad bills defeated

Suicide Decriminalization - HB 1951 (D-Simon) repeals the common-law crime of suicide, which will remove legal obstacles that could open the door to physician-assisted suicide. The bill failed in Senate Judiciary 10-5.

Repeal Religious Conscience Protections for Foster Care / Adoption Agencies - HB 1932 (D-Levine) would repeal conscience protections for faith-based child placement agencies that allows them to work with prospective foster and adoptive parents who share the same beliefs about marriage. The bill was reported by the Senate Rehabilitation and Social Services last week, but this week the full Senate sent it back to the committee for reconsideration.  The bill appears to be “dead” by being left in the committee with no more meetings to act on it!      

Still fighting

“Workplace Harassment” based on SOGI - HB 2155 (D-Watts) would punish virtually all private employer/ees for dissenting over the LGBTQ ideology.  It would make any “direct or indirect” and “verbal or nonverbal” conduct on the basis of “sexual orientation,” or “gender identity”, etc. “workplace harassment” - even when the alleged act occurs outside the workplace. The bill was passed by for the day and will be heard on Monday, February 22 - the last opportunity to act on the bill.

Dangerous bills that passed House and Senate

“Nanny State” Bills - HB 2032 (D-Gooditis) and SB 1310 (D-McClellan) would treat 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, as an “employer” and open them up to civil lawsuits for “discrimination” under the Human Rights Act by the Attorney General and/or disgruntled applicants or former employees. SB 1310 and HB 2032 go even further by authorizing the Health Department “to enter without delay” the home/premises “to inspect, investigate, and take samples,” and it creates numerous requirements for families hiring a “domestic worker.” HB 2032 passed the Senate 21-18, and SB 1310 passed the House 55-45. HB 1864 (D-Price), a similar bill, was conformed to SB 1310 and reported by the Senate Judiciary 9-6. (Click HERE to read more.)  

Repeal and Replace Natural Marriage - HJ 582 (D-Sickles) and SJ 270 (D-Ebbin) seek to amend the Virginia Constitution to remove language affirming natural marriage and replace it with language that would recognize all marriage licenses “regardless of sex or gender of the parties to the marriage.”  These would enshrine in the state constitution the right to “marriage” between individuals of the same sex even if the 2015 Obergefell opinion is eventually overturned by the newly comprised Supreme Court. HJ 582 passed the Senate 24-12, and SJ 270 passed House 60-37.

Health Exchange Coverage of Abortion - SB 1276 (D-McClellan) and HB 1896 (D-Hudson) would allow coverage of abortion on demand in health insurance plans in Virginia's Obamacare health exchange. Taxes pay for managing the exchange and for subsidizing health plans in many cases. SB 1276 passed the House 54-45, and HB 1896 passed the Senate 22-17.

Conscience Protections for Genetic Counseling - SB 1178 (D-Ebbin) eliminates the religious conscience protections 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.(Click HERE to read more.) Passed the House 55-45.

Cultural Competency Training - SB 1196 (D-Locke) and HB 1904 (D-Jenkins) require anyone seeking a teacher licensure to be trained in the vague and undefined notion of “cultural competency.”  SB 1196 passed the House 57-43; HB 1904 passed the Senate 21-18.

While the Special Session is nearing adjournment, we will continue to work until the final days to defeat or amend legislation that threatens family and biblical values.  We will provide more updates in the coming days, but thank you for your support and attentiveness to these very important issues.