Special Session 2020: Transformational Bills and Election Season

Sunday, September 20, 2020

Dear Friend,

I hope you and your family are safe and you are adjusting to the new normal. 

Make a Plan to Vote - Just a quick reminder, early voting started September 18 and goes through October 31. Check the website of your local registrar (here are links to Arlington, Fairfax, and Loudoun) to learn about the times and locations for voting. This is the most important election of our lifetime. Please be sure to make a plan to Vote! 

The Passing of Justice Ruth Bader Ginsburg - I was very saddened Friday night to learn that Justice Ruth Bader Ginsburg, the leader of the liberal wing of the U.S. Supreme Court and cultural icon, died at the age of 87. We have lost a giant in the fight for gender equality. Her spirit, perseverance, and intellect built a legacy that will always be with us, and will always guide us. 

She once said that she wanted "to be remembered as someone who used whatever talent she had to do her work to the very best of her ability and to help repair tears in her society, to make things a little better through the use of whatever ability she had." Justice Ginsburg was both tremendously successful in her work, as well as a model of inspiration for the work we have ahead. 

Deliberations In An Election Year - Unfortunately, Democrats have been unfairly attacked as anti-law enforcement for proposing measures that will bring more accountability and transparency to policing practices. I understand that change is never easy, but we must strive to honor human dignity and ensure that constitutional protections are equally applied in a racially blind fashion when individuals interact with the law. 

Emotions are raw in our floor debates, as we react to news reports of unimaginable violence against black and brown people, as well as against law enforcement. My goal in advocating for and supporting reform measures is to achieve a more fair and just society. But this can only happen if trust is established between law enforcement and all the racial and ethnic groups that reside in the communities in which they serve. Police need to be trusted and seen as everyone’s protector. It is only then that communities will be able to thrive and law enforcement will command the respect that their important work deserves. 

I am convinced that the reforms we are passing will provide police officers with a more unified and comprehensive training program, a better understanding of the potential causes behind the behavior of certain individuals and suspects, de-escalation tools, and more community resources to respond to situations. Transformational change is a process, and I am committed to the long and arduous journey of creating a more perfect union. 

Noted below are legislative highlights or news worthy items from last weeks’ session: 

Virginia led the Nation in Expanding Access to Health Insurance in 2019 - Recent numbers released by the Census Bureau show that the number of Virginians without health insurance dropped by .9 percent in one year, the largest drop of any state in the country. I am happy to say that Virginia is earning “high marks” for its efforts to enroll folks who are eligible for Medicaid expansion coverage. But there are still too many Virginians without health insurance. I will continue to work on increasing access to affordable health care in the 2021 session.

Utility Debt Relief - The Virginia Senate passed legislation Wednesday that will require all utility companies, except those controlled by municipal authorities, to offer 12-month payment plans to residential customers who have been unable to pay their bills due to the COVID-19 pandemic. I was a chief co-sponsor of this bill because Virginians cannot afford to lose electricity, water, or gas in the middle of a pandemic.

The measure passed 24-12, garnering support from four Republicans. Sponsored by Sen. Jennifer McClellan, D-Richmond, the proposal codifies an order by the State Corporation Commission made in June as part of an extension of a ban on utility disconnections resulting from nonpayment of bills due to the pandemic.

Utilities will be allowed to recover costs related to such emergency debt repayment plans. Gov. Ralph Northam has introduced a budget amendment that would extend the ban 60 days after the termination of Virginia’s state of emergency declaration for the pandemic. The governor is also negotiating controversial new language that would put $320 million dollars of what state regulators say are over-earnings by Dominion Energy toward the forgiveness of unpaid electric and other utility bills.

Farmville Detention Center - A bill passed the Senate that would enable the Virginia Department of Corrections and the Virginia Department of Health to inspect detention centers operated in Virginia for the Federal Immigration, Customs, and Enforcement (ICE) Agency. This legislation is absolutely needed because states will always have the primary responsibility for managing outbreaks of infectious diseases within their borders. 

From a humanitarian aspect, we care about the treatment and housing of ICE detainees. We also have a public responsibility to ensure that the COVID-19 virus does not spread more aggressively to Virginia communities. This bill will help accomplish those two goals by bringing more transparency to the operations of ICE facilities in the Commonwealth. I was proud to have assisted Senator Boysko in shepherding this bill through the Rehab and Social Services Committee, a committee that I chair, and then advocating for passage of this bill on the Senate floor. Some specific arguments that carried the day are noted in the following paragraph. 

Approximately 240 employees work at Farmville and a number of other Virginians provide supplies and support services. Moreover, news reports have indicated that the CDC contagious disease guidelines are not being followed at the Farmville Center. This means Virginia workers are at risk for contracting the disease and carrying the virus back to their families and wider communities. In addition to the above-mentioned points, I reminded my colleagues that the Federal government is under no obligation to pay for the health capacity needed to care for Virginians with COVID-19.

Marcus Alert System or Behavioral Health Response to 911 Calls - Fortunately, we were able to pass a bill in the Senate, in a bipartisan fashion, that will require localities to utilize a Marcus Alert system by July 1, 2022. A Marcus Alert system is a strategy for integrating behavioral health services into policing practices. The purpose of this legislation is to ensure that individuals experiencing behavioral health crises are served by the behavioral health system and not the criminal justice system. Some localities in the country have addressed this goal by implementing co-responder strategies (a mental health provider and a police officer arrive on the scene together) and other jurisdictions are using crisis intervention mobile units or crisis intervention centers. Nonetheless, this legislation embraces the concept of addressing the root cause of the offender’s behavior in a humane and restorative approach. The Department of Behavioral Health, in collaboration with the Department of Criminal Justice Services, is charged with providing technical assistance and information on best practices to assist localities in complying with this requirement. 

Next Steps - This upcoming week we are holding committee meetings on House Bills and expect to vote on House bills on the Senate floor by Friday, September 25. Conference committees will then be set up to iron out any differences. There seems to be a light at the end of the tunnel. 

I appreciate your ongoing support.

Sincerely,