Contributed photo
Contributed photo
Issued the following announcement on July 1
Today, July 1, 2021, marks the beginning of Virginia’s fiscal year. When the clock struck midnight, numerous far-reaching laws took effect. A recap of important legislation is available online HERE. Additionally, my previous newsletters highlighted several of the high-profile laws, such as:
- Legalization of marijuana (sort of)
- Repeal of the death penalty
- Regulations governing “domestic workers”
- Green energy mandates relating to vehicles
Please note, however, that many other laws are now in force. Following is a brief list of some of the lesser-known new regulations and tax policies:
Regulations/Laws
- Individuals over the age of sixteen are prohibited from intentionally releasing or discarding balloons. The penalty for violation is $25 per balloon (coincidentally this is the same financial penalty Virginians will now pay for possessing between one and sixteen ounces of marijuana).
- Bicyclists can ride two abreast on roadways.
- Motor vehicles must change lanes when passing cyclists (provided the lane is not wide enough to allow three feet between the vehicle and the cyclist).
- Middle and high school students are allowed one excused absence per year to “engage in a civic event,” i.e., a protest, campaign activity, etc.
- All individuals (with exceptions for law enforcement and security) are banned from carrying firearms within forty feet of a polling location. The ban extends one hour prior to the opening of the poll and one hour after the poll’s closure.
- Carrying a firearm in the Capitol Building, within Capitol Square and the surrounding area, or any state-owned building or building where state employees regularly work is now a Class 1 misdemeanor.
- All state and local government buildings must add electric vehicle charging materials and tracking technology to monitor energy efficiency and carbon emissions. Local governments are given the authority to enact even stricter requirements.
- State health insurance plans will now cover abortion.
- School boards can declare non-school zone properties that the school board owns or leases as gun-free zones.
- Keeping a pet box turtle is now illegal due to new regulations promulgated by the Department of Wildlife Resources. Keeping more than one native reptile or amphibian as a pet is also now prohibited. If you currently have a pet box turtle and/or several native amphibians, you’ll soon need to register them with the state. (So the Commonwealth has time to establish a pet turtle registry this summer, but is unable to assist with unemployment claims until October 2025? Interesting priorities in this Democratic administration.)
Tax Policies
- The gas tax increased by five cents per gallon today. As a reminder, the gas tax also increased by five cents in 2020. In 2022, the tax increase will be indexed to inflation.
- Cigarette taxes doubled, increasing to sixty cents per pack.
- Worried you aren’t paying enough in taxes? Fear not, the General Assembly has convened a Joint Subcommittee on Tax Policy to evaluate the Commonwealth’s tax brackets, rates, credits, deductions, and exemptions. The subcommittee aspires to “mak[e] Virginia's individual income tax system more fair and equitable.”
Every single one of the aforementioned laws is the result a Democrat-sponsored bill (with the exception of the turtle policy, which emerged from the administrative code). Most of the legislation passed on a largely party-line vote. Regardless of one's opinion on these bills, it is undeniably frustrating to see a dearth of action on Virginia’s larger and more serious problems, such as:
- a lack of transparency in our budget process (ranked as below the U.S. average)
- underfunded state employee pensions (also ranked below the U.S. average)
- only 1/3 of Virginia’s eighth graders are proficient in reading
Virginia’s trajectory is sobering. The Commonwealth faces well-documented challenges that went unaddressed under Democratic leadership. Fortunately, this year we have an outstanding slate of Republican candidates with a positive vision for Virginia. Gubernatorial candidate Glenn Younkin brings a the fresh perspective of a successful businessman. Winsome Sears, the Republican nominee for Lieutenant Governor, is a former member of the House of Delegates. Her legislative background and understanding of the process makes her an ideal candidate for Senate President. Attorney General nominee Jason Miyares is a practicing attorney and current member of the House of Delegates. He fully understands the role of the Attorney General and will work within the Virginia Constitution to defend and uphold the laws of the Commonwealth. All three candidates are campaigning together, and their unified and uplifting message is being welcomed throughout Virginia.
Controversy
Virginia’s contentious school board meetings are making national headlines. Community members are turning out in droves to weigh in on controversial new policies. Engaging at the local level is imperative; however, please note that one of the most controversial policies—the one regarding transgendered students—is the result of legislation passed during the 2020 session. House Bill 145 directed the Department of Education to develop a transgender policy which must subsequently be adopted by every school division in Virginia. As a result, local school boards MUST adopt the statewide policy on transgendered students prior to the upcoming 2021-2022 school year. No flexibility is permitted, and the school board’s sole recourse is to file suit.
The new transgender policy goes far beyond establishing anti-bullying guidelines and rules to protect the safety of all students. The policy mandates that all public schools must allow children of all ages to use the bathroom/locker room that corresponds with their current gender identity—no questions asked. Grouping students by gender for overnight trips or extracurricular activities is likewise discouraged. (Please note: this does not alter Virginia High School League athletic programs). The entire policy is available online HERE, and I encourage all parents to read the new regulations prior to the new school year.
In disappointing news for the many Virginians who believe the legislature has done enough damage for the year, the General Assembly will be returning to Richmond on August 2 for a Special Session. Up for deliberation will be the allocation of federal funds as well as appointments to the Virginia court of Appeals. Hopefully the session will be constrained to only these two issues...
My district office remains open, and appointments are required for legislative/constituent service meetings. For the quickest response to your state-related inquiry, please contact my legislative aide, Ms. Dayle Brittain, by phone at 757-741-7001 or by email at DelABatten@house.virginia.gov. If you have a campaign related question or would like to volunteer, please email info@amandabatten.com