Special Session 2020: House and Senate Begin Work on Similar Bills

Monday, September 28, 2020

Dear Friend,

This has been a rollercoaster week.

The passing of Justice Ruth Bader Ginsburg certainly left a gaping hole in our spirit, but I believe we will come together to continue Justice Ginsburg’s work of creating a more perfect union. It was really heartening to hear Senators on both sides of the aisle, myself included, offer remarks on the character and contributions of Justice Ginsburg. We all acknowledged that developing friendships with those who hold divergent views, as Justice Ginsburg did with Justice Scalia, is something that is very needed in these extraordinary times. 

Unfortunately, the opportunity to exercise raw power in Washington is much more enticing than the call to repair our divided Nation. It looks like the Supreme Court will have 6 conservative justices and 3 liberal justices before the new President is sworn in. This is lightning speed for a confirmation when you consider that the Presidential election is less than 40 days away. How ironic that Mitch McConnell and other Republican Senators did not give Merrick Garland a hearing when President Obama nominated him eight months before the 2016 presidential election because “the voters should decide,” but now that there is an opportunity to influence the trajectory of the Supreme Court for generations to come, the voters don’t count? 

Because of exposure to Covid-19 based on brief person to person contact with my fellow lawmakers during our socially distanced “together time” in the Senate, I was tested for Covid-19 on Friday. Fortunately, my test came back negative. I encourage you to download CovidWise to your cell phone. It is an app available from the Virginia Department of Health that is designed to notify you if you have been exposed to the virus, while protecting your privacy. If you test positive for the virus, you have the option to let the app notify other people that you may have exposed them to the virus. 

Legislative Highlights: 

Criminal Justice Reform - Senate bills addressing compassionate release from jail for terminally ill offenders, sentence credit legislation that enables offenders to reduce jail time for good behavior, and the option for judge sentencing in a jury trial have all passed through various legislative hoops in the House.  These bills will likely go to conference committees for final passage by both bodies. 

Police Reform & Crisis Intervention Models - We are continuing to consult with our House colleagues on the Crisis Intervention bill, but I am hopeful we will reach a harmonious place. My budget language to offer jurisdictions grant dollars to implement behavioral health models in policing has made it into both the House and Senate budgets. 

Police Reform & Accountability - The Senate version of the Civilian Review Board bill grants localities the authority to establish these Boards and allows localities great latitude on shaping the scope of CRBs through the local ordinance process. Both the Senate and House versions of the bills allow an exercise of authority that does not exist in current law, such as the ability to petition the courts for a subpoena to access necessary records and documents. However, the House version of the bill requires localities to implement CRBs. Many advocates believe that CRBs need to be embraced by residents within their respective communities for the concept to work, so they are not in favor of mandating the creation of CRBs.

Senate Budget Highlights: 

Support for Essential Health Care Workers - In the Senate Budget (likely to be voted on next week), we were able to restore some funding that was part of our pre-COVID budget, especially in the healthcare area. For example, dollars would be available to fund overtime (up to 8 hours) for Medicaid reimbursed personal care workers, and nursing homes will continue to receive additional dollars to help offset COVID related costs, starting January 1, 2021. We were also able to restore some increases in the DD waiver provider rates and increase rates for skilled and private duty nursing services starting July 1, 2021.

Personal care attendants and others who are caring for our vulnerable loved ones need to be adequately paid and valued for their services. These workers are risking their own health and the health of their families in these stressful times. Moreover, we do not want our loved ones exposed to COVID-19 because their healthcare attendants are working multiple jobs and coming in contact with more people than they should. I understand that the House budget has additional benefits for essential health care workers, and I am hopeful we can compile a very generous package of financial relief for these very deserving workers.

Expanding Access to Health Care - Starting in January, the Senate budget would extend postpartum coverage to 12 months for FAMIS Moms. Improving the health outcomes for low-income women and their children is a very worthwhile investment, both from a humanitarian aspect and from a societal aspect. Children who thrive in their first 12 months of life have a much better chance of reaching their full potential. This proposal is critical if we are serious about achieving equity.

Many of us hear from neighbors in our communities who are legal permanent residents, but are afraid to go to a doctor or primary care center for basic health needs. These individuals need access to primary health care that is delivered in a culturally sensitive, efficient, and patient centered manner. To ease the barriers that exist to achieving this goal, the Senate budget eliminates the 40-quarter work requirement for legal permanent residents to apply for Medicaid benefits. 

Refinancing the State Debt for Higher Education - Governor Northam announced a plan to restructure Virginia’s higher education debt by refinancing outstanding bonds issued by the Treasury Board of Virginia and the Virginia College Building Authority. This plan takes advantage of low interest rates. The plan will save Virginia’s public colleges and universities more than $300 million over the next two years. I believe this debt restructuring will enable Virginia’s public institutions of higher learning to focus their attention and resources on reinventing the college experience during the Covid-19 pandemic. I will be supporting the Governor’s proposal.

Voting - Early voting is under way in Virginia. Check your voter registration here, you can register to vote in the presidential election now until Tuesday, October 13, 2020. If you plan to vote by mail or deposit your ballot in an official drop box, you must request an absentee ballot by Friday, October 23, 2020.

I highly recommend taking advantage of the in-person early voting option. The opportunity for early voting will be available through October 31st. Check the website of your local registrar to learn about locations and times for early voting. You can also get information about voting by visiting the Virginia Department of Elections’ Citizen Portal. I voted in person on September 18. My experience was very positive and many precautions were taken to keep voters safe.

If you agree with the things I am fighting for, please consider joining me, by making a donation, if you can. As always, thank you for your ongoing support. We are in this together and we will get through this together.

Sincerely,