Many Hotly Contested Bills in Virginia Assembly Enter ‘Crossover’ Point

Many Hotly Contested Bills in Virginia Assembly Enter ‘Crossover’ Point
Virginia General Assembly file photo (Zach Gibson/Getty Images)
Masooma Haq
2/10/2023
Updated:
2/10/2023
0:00
News Analysis

Virginia’s legislative process entered its second phase this week, as the Virginia House and Senate reached what is known as “crossover”—the point in the General Assembly session at which each chamber completes work on its own legislation.

Bills that passed one chamber then “cross over” to be deliberated by the other. A set of bills passed unanimously, while votes on other consequential measures fell along party lines.

The Democrat-controlled Senate and Republican-controlled House will now each consider hot-button bills on gun control, elections, voting rights, transgender men in women’s sports, parental rights, education funding, and abortion.

The Senate and House each voted on their budget priorities. Legislation dealing with these contentious issues has made it through the first chamber, but will most likely die in the second.

Education Funding

Republicans prioritized funding trade programs that will enable working-age Virginians to get the skills and jobs they need, they say.
For younger Virginians, the GOP wants school choice and introduced education saving account (ESA) bills that died—SB 823,  HB 1371, HB 1396, and HB 1508. Republicans’ stated goal is to give teachers back the authority and legal backing to create a safe learning environment while giving parents the ability to know what their children are being taught and the authority to have a say in that process.

Democrats, meanwhile, say public schools are underfunded and prioritized more funding for public schools in their budget. They opposed Republican efforts to set up ESA funds, stop the teaching of curriculum based on critical race theory, and the banning of books with explicit sexual content.

However, both parties support salary increases for teachers and funding for more school support staff. Both budgets address teacher retention issues by allowing for an additional 2 percent pay increase for teachers.

Dr. James J. Fedderman, President of the Virginia Education Association. (Courtesy of VEA website, veanea.org)
Dr. James J. Fedderman, President of the Virginia Education Association. (Courtesy of VEA website, veanea.org)
SB 1325 funds the increase of school support staff. The measure was passed by both the House and Senate, and increased specialized support staff like school psychologists, nurses, social workers, and counselors.

At a press conference on Feb. 6, Dr. James J. Fedderman, President of the Virginia Education Association, praised the Senate’s budget, which increases funds for public schools, particularly schools in poor areas, while the House budget decreases monies for public education.

Fedderman said the budget “will add thousands of essential positions to schools,” such as school psychologists, instructional aides, and teachers for English language learners.  He said the additional positions will let educators “focus more on their jobs and less on filling in the cracks.”

The union head also applauded the fact that the Senate budget triples the stipend for educators who earn the National Board Certification, moving from a $2,500 stipend to $7,500 annually.

Senators gave bipartisan support for SB 1498, which extends eligibility for the Brown versus Board of Education scholarship to descendants of students who were shut out of school during Virginia’s “Massive Resistance” strategy to block integration of public schools in the 1950s.

Transgender Students and Woman’s Sports

Democrats argue that a student should be able to choose a gender or adopt a name in class that differs from his or her birth certificate, and school staff should be legally allowed to conceal the gender identity change from parents.

However, GOP lawmakers want parents to be informed if a minor child decides to change gender identity, arguing that parental authority takes precedence over that of the school.

The Republican majority in the House passed bill HB 2432, which would require school staff and counselors to make parents aware their child is self-identifying as transgender.
HB 1387  and SB 911 would restrict transgender males from competing in sports in K–12 schools and institutes of higher education. The bill in the senate was passed unanimously while House voted along party lines.
An LGBT advocacy group, Equality Virginia, called HB 1387 and HB 2432 “shameful,” and urged Virginians to “get loud” to protest the bills.
Second Amendment advocates after a hearing where four gun control bills passed the Senate Judiciary Committee, at the Virginia State Capitol in Richmond, Va., on Jan. 13, 2020. (Samira Bouaou/The Epoch Times)
Second Amendment advocates after a hearing where four gun control bills passed the Senate Judiciary Committee, at the Virginia State Capitol in Richmond, Va., on Jan. 13, 2020. (Samira Bouaou/The Epoch Times)

Gun Control

Republicans aim to preserve second amendment rights for law-abiding citizens. They argue that increased gun control measures do not stop criminals or the mentally ill from getting guns, but do target citizens and prevent them from protecting their families.

Virginia’s Democrats have sponsored about a dozen gun control measures, in an effort to prevent young people, criminals, and the mentally ill from shooting themselves or others, they say.

“My bill that passed today addressing the sale of unserialized firearms or ‘ghost guns’ will help ensure firearms won’t get in the hands of criminals and dangerous individuals,” said Sen. Adam Ebbin (D-Alexandria) in a press statement on Jan.30.
Ebbin’s bill, SB 1181, requires unfinished firearms and frames to be serialized. SB 1192, also introduced by the lawmaker, makes carrying an “assault firearm” in most public areas illegal, whether the gun is loaded or not.
Responding in part to the classroom shooting in which a 6-year-old allegedly shot his teacher during class, Sen. Scott Surovell (D-Fairfax) sponsored SB 1067, which expands Red Flag provisions permitting the temporary removal of firearms from persons deemed a danger to others or themselves.
“Gun violence is an epidemic, and we owe it to past and future victims and their families to work together to solve it. SB 1067 will make a difference and now it is up to the House to pass this legislation and save lives,” Surovell said via a Twitter post.
In addition, Democrats passed SB 1139, which requires that firearms be locked up in a home if a minor under 18 is present unless the gun is lawfully carried on the person.  SB 1192 makes the carrying of an “assault firearm” in most public areas illegal, whether the gun is loaded or not. SB 1382 bans both “assault firearms” and magazines that hold more than 10 rounds, manufactured after July 1, 2023.
Republican Delegate Tim Anderson (R-Virginia Beach), a gun shop owner, told the Associated Press during a January rally organized by the Virginia Citizens Defense League, a gun-rights group, that Republicans’ aim is to prevent further infringement of second amendment rights.

“You’re not going to see repeals of all of the laws that have offended us that the Democrats passed in 2020 and 2021, because while we can get them out of our House, they will die in the Senate. But you will see us standing up and stopping more progressive gun control.”

Virginia Senate Majority Leader Dick Saslaw (D-Fairfax), praised the passage of a bill that some believe would prevent gun violence by requiring “safe storage” of handguns and banning some types of “assault weapons.” Saslaw wrote in a Twitter post, “We have all seen too much violence in our communities—this is the change we need.”
A voter drops an absentee ballot for the Nov. 3, 2020 elections into a collection bin outside the Fairfax County Government Center in Fairfax, Va. on Oct. 19, 2020. (Alex Wong/Getty Images)
A voter drops an absentee ballot for the Nov. 3, 2020 elections into a collection bin outside the Fairfax County Government Center in Fairfax, Va. on Oct. 19, 2020. (Alex Wong/Getty Images)

Elections and Voting

Democrat Senators voted against GOP election bills and called the Republican effort an attempt to roll back voting rights.
HB 1680 says voter registration after the close of registration records requires affirmation. It was passed by House along party lines. S.B. 794 and S.B.880 would require identification for all voters and limit early voting to 7 days (currently 45 days), respectively. S.B. 834  would repeal the permanent absentee voter list. All three bills were defeated by the Democrat majority.
HB 1793, which makes transmission of information through the Department of Motor Vehicles to the Department of Elections for voter registration purposes optional, was passed by the House.
While Republicans continue to try and roll back voting rights, Senate Democrats will remain steadfast in their defense of protecting a Virginian’s right to participate in their elections,” Senate Privilege and Elections Chair Lionell Spruill (D-Chesapeake) said in a press statement.

Abortion

Currently, Virginia allows abortions up until the third trimester and even at the end of pregnancy, if the woman’s health is at risk or if three doctors certify that “the continuation of the pregnancy is likely to result in the death of the woman or substantially and irremediably impair the mental or physical health of the woman.”
Republicans say they want to protect the unborn and introduced SB 1284,  SB 1385, and SB 1483, legislation that would restrict abortion in Virginia.

SB 1284 would ban all abortions in Virginia, with exceptions including rape and incest.

SB 1385, a bill backed by Virginia Governor Glenn Youngkin, would ban abortion before 15 weeks, with exceptions.

SB 1483 would abolish lawful abortion during the third trimester of pregnancy, except to save the life of the mother.

Virginia Democrats in a Senate subcommittee blocked the bills.
Like other bills that are unlikely to make it into law but highlight party values, HB 1795 was passed along party lines in the House. The bill would require medical professionals to care for a baby born alive after a botched abortion, or face a penalty.
Similarly, a bill sponsored by Senator Gazala Hashmi (D-Richmond), the Contraceptive Equity Act, SB 1112, increases insurance coverage for prescription contraceptives and was passed along party lines.

Coming Together

SB 906 passed unanimously. The bill “expands the requirement for worker’s compensation for firefighters diagnosed with certain cancers. It is our responsibility to care for those who have sacrificed their health for our safety,” wrote Senate Majority Leader Dick Saslaw.

Saslaw praised the passing of another of his bills.

“With unanimous support, the Senate passed SB 1198, my bill to allow the purchase of hypodermic needles for insulin use without a prescription. This will help lower the cost of necessary medical equipment, and increase access to those who need it the most,” wrote Saslaw.
The two camps also agreed on supporting some workers who worked directly with people during the pandemic. SB 886 requires employers to provide paid sick leave to health care providers and grocery store workers. it removes the current requirement that these workers must average at least 20 hours a week or 90 hours a month to receive paid sick leave.
“Thank you to the Senate Finance and Appropriations Committee for their bipartisan support in reporting out my bill SB 886, providing sick leave for the grocery store and healthcare workers,” wrote Surovell on Twitter.
Senator Jennifer McClellan at a Senate committee hearing on Jan. 31, 2023. McClellan is a sponsor of SB1324. (https://virginiageneralassembly.gov, screenshot via The Epoch Times)
Senator Jennifer McClellan at a Senate committee hearing on Jan. 31, 2023. McClellan is a sponsor of SB1324. (https://virginiageneralassembly.gov, screenshot via The Epoch Times)

The parties agreed on a child tax credit as well.

SB 1324 creates a refundable tax credit for tax years 2023–2027 for families whose households include dependents 18 or younger. It passed the full senate by a vote of 39-0.
“We saw that the federal Child Tax Credit was one of the best tools ever to reduce child poverty. Parents spent their federal Child Tax Credit on food, diapers, school supplies, and other family needs,” said Sen. Jennifer McClellan (D-Richmond) in a press statement.
Senate lawmakers also agreed on giving energy bill savings to low-income, elderly, or disabled residents or veterans of military service. SB 1323 requires the State Corporation Commission to establish Dominion Energy Virginia annual energy efficiency savings for these groups.

SB 1323 will help reduce electric bills by creating a performance standard for Dominion’s energy efficiency programs for low-income, elderly, disabled, and veteran customers to ensure they receive savings from weatherization upgrades.

In the coming weeks, the two legislative bodies will hash out the measures they want to keep. Most of these high-profile bills will be killed by the opposing side. Even those that make it will only be guaranteed if Governor Glenn Youngkin puts his signature on the legislation.

Masooma Haq began reporting for The Epoch Times from Pakistan in 2008. She currently covers a variety of topics including U.S. government, culture, and entertainment.
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