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Legislative Update - February 2021

· By Senator Jill H. Vogel · From pages 4, 5 of the print edition

We are into week five of the 2021 Virginia General Assembly session. Due to COVID-19 restrictions, we meet in the Science Museum of Virginia rather than the Senate Chamber in the State Capitol. The Senate meets in person every day—we have temperature checks, wear masks, and spread across a ballroom that has been turned into a makeshift legislative office, committee room, and Senate Chamber where we conduct our floor debate and vote.

This session comes on the heels of a marathon in the fall when the House and Senate met to address election law changes, COVID-19 funding, and general budget challenges. While we are intended to act as a part-time citizen legislature, we met 150 days last year, with an 84-day special session. We took a small break at the holidays before returning to debate the future of Virginia. The legislature is literally overhauling Virginia, and there are big divisions among us as we move forward.

Most of my constituents have two priorities— open schools and distribute vaccines more efficiently. My goal has been to do everything in my power to improve Virginia's performance in both of those areas. That really should be the only focus now, but the legislature has been consumed by so much more.

One element of discipline has made things better. We adopted limits on the number of bills that can be introduced this session. Delegates are limited to seven bills and senators are permitted twelve. In the past, we have done between 2,500 and 3,000 bills and resolutions in a General Assembly session. This year it would be difficult to move that amount of legislation given the health concerns, limits on space, and lack of in-person communication with constituents that is so critical to the legislative process. Despite the limits, we still have nearly 1,300 measures introduced.

The most controversial bills debated include marijuana legalization; the death penalty; expungement of criminal records; gaming; repeal of mandatory sentencing minimums; conforming Virginia's Constitution to the United States Supreme Court's ruling on marriage; reducing the number of SOLS required in schools; amendments to the 2020-2022 Biennial Budget; conforming Virginia's tax code to the federal code; and protecting PPP loans from higher taxes.

The Senate had an important victory in the fight to open schools. A measure that would require public schools to make in-person instruction available to every student passed by a vote of 26 to 13.

We also had a legislative victory in the effort to address vaccine delays and inexplicable barriers to COVID-19 vaccine distribution in Virginia. At least one issue is a lack of health care professionals who are qualified to administer the vaccine. The Senate voted to pass emergency legislation that expands the pool of qualified people, allowing any qualified health care provider in Virginia to volunteer as a vaccinator. Funding has also been added for mass vaccine distribution.

The Senate also passed much needed Parole Board reforms, resulting from investigations by the State Inspector General. Investigations showed Board violations of the law, release of a convicted murderer without notice to a victim's family, and ongoing cases of malfeasance. It was a stain on Virginia's parole system and painful for victims and their families.

Finally, the Senate voted on critical tax conformity and it remains to be negotiated with the House. The federal CARES Act included provisions to prevent businesses from being taxed for receiving Payroll Protection Plan (PPP) funding. It makes sense that Virginia would conform our tax code to do the same, but many objected and want to tax that money in Virginia. I voted to exempt it entirely, but that vote failed, and a compromise passed that includes a tax. We still have weeks to go, so all of these measures will be debated further in the House and hopefully progress will be made.

It is an honor to represent you in the Senate and I welcome your feedback. If you have questions or concerns, please contact my Capitol office at (804) 698-7527 or via email at district27@senate.virginia.gov. The Senate has also set up a constituent hotline so that you can call about legislation being considered this session. If you want to make your position known on a bill of importance to you, call the Senate Message Center toll-free at (833) 617-1821.