Week 3: Partisan Lines Become Brighter on Abortion Care & Gun Safety

Sunday, January 29, 2023

Dear Friend,

The Senate Democrats flexed their muscles on issues that matter to the overwhelming majority of Virginians. Issues such as access to abortion care and protecting survivors of domestic violence poll at 75 to 80 percent across the Commonwealth, yet legislation to address these issues rarely garners Republican support.

Access to Abortion Care–For example, the Democratically controlled Education and Health Committee defeated all of the bills that placed stricter access to abortion care than Virginia’s current Roe v. Wade statute. Make no mistake these defeated bills were draconian and would have criminalized abortion providers. Even doctors who are personally opposed to abortion believe that the government should not be in the middle of these health care decisions.

On the pro-active front, many lawmakers, myself included, are advocating for passage of constitutional amendment language that would ensure access to abortion care within the Roe v. Wade framework and that such language be placed before the voters. Of course, the House of Delegates would have to flip to Democratic control and the referendum legislation would have to pass two General Assembly sessions with a General Assembly election in-between. The Governor’s approval is not required on referendum legislation.

All who care about representative government should be supportive of a referendum question. But rest assured, if we ever get to the point of holding a referendum, all of us, along with our amazing Repro-Rising Coalition partners will have to be laser focused and willing to knock many doors and have many conversations with voters to win. It will be a costly but worthwhile fight.

My floor speech on January 23 reminded my colleagues and others just how important it is to keep health care decisions between a woman and her doctor.

Updates on Important Legislation–Including my Legislative Efforts:

Protecting Survivors of Domestic Violence–My common-sense bill would provide oversight over the transfer of a firearm when the subject of a protective order or a convicted offender in a family abuse case must surrender his/her firearm. The legislation I sponsored would require that a form be submitted to the court that identifies who the recipient of the firearm would be and places two new requirements on the recipient. The first requirement is the recipient must be at least 21 years of age; and the second requirement would prohibit the recipient from residing with the subject of the protective order or with the offender. The recipient would also have to meet all other requirements for firearm ownership under current law. This bill does not change the law regarding who must relinquish a firearm or for how long, yet it only passed the Senate because there were more Democrats than Republicans voting. I was truly dismayed over the fact that not one Republican voted for this legislation. Moms Demand Action and many other bi-partisan groups supported this legislation. Moreover, the NRA did not stand up to oppose the bill in the Judiciary Committee. However, Delegate Elizabeth Bennett-Parker is the patron of the companion bill in the House and she has informed me that her bill will not likely pass out of the House Courts of Justice Committee.

Several other gun safety measures are on the Senate calendar for passage next week. My colleagues believe that all of them are dead on arrival when they cross over to the House of Delegates, even bills that would require safe storage of a firearm. It is frightening that we have to legislate responsible behavior when it comes to owning a lethal weapon and keeping it out the hands of children. 

Removing Barrier Crimes for Peer Recovery Specialists—I worked diligently on this bill over the summer and found a Republican patron in the House to help steer my legislation through that Chamber. This bill would allow individuals who have been convicted of offenses related to felony drug possession to qualify for peer recovery specialists jobs after they have completed their court issued sentences and the DBHDS required training. Fortunately, most lawmakers understand that carefully expanding the pool of eligible peer recovery specialists is a win-win for everyone. The rehabilitated offender finds a pathway to succeed in society and agencies providing mental health services to an adult population have a larger and particularly effective pool of professionals to draw from.

My bill passed out of my Rehabilitation and Social Services Committee, a committee which I chair, with a healthy bi-partisan margin. Gratefully, the ACLU and other criminal justice reform groups helped considerably in bolstering support for this bill. Moreover, rumor has it that Governor Youngkin will sign the bill if it reaches his desk. As an aside, Jasmin Turner with NBC 12 in Richmond is following a story on an individual who may be eligible to be a peer specialist if my bill becomes law.

Care Management Grants to Reduce Emergency Department Use—This very important bill was reported out of the Senate Appropriations and Finance Committee with the famous clause. The clause essentially says “pending the availability of funds.” I am hopeful that a healthy amount is appropriated to support this much needed effort.

Campaign Finance Reform—We may see some success in prohibiting the personal use of campaign funds this year. But all other efforts, including my transparency in reporting independent expenditures bill, will likely be defeated. Republicans are viewing campaign finance reform efforts as possible impediments to their re-election efforts. I was proud to stand with Senator Chap Peterson (D) and Delegate Tim Anderson (R) at a press conference organized by Money Out to advocate for campaign finance reform. According to national advocacy groups operating in this space, Virginia ranks 46 out of 50 in terms of transparency and accountability, especially when you consider the very weak reporting requirements for third party organizations. These are organizations that attempt to influence elections or referendum questions without coordinating with the candidate or the referendum organization.

Tax and Spend Issues–I continue to voice my concerns to the Appropriations and Finance Committee about the long-term implications of large tax cuts. Virginia ranks 49 out of 50 on per pupil state spending. For those living in Northern Virginia, our local governments are willing to raise taxes and the wealth index is fairly high so there is an opportunity to significantly increase spending on our public schools. But localities that are less wealthy and must rely more heavily on the state transfer of funds to support their schools need the state to fully fund the required standards of quality. I think this need, along with an increase in teacher salaries, must come before any tax cuts are granted.

I do believe that the Democrats will offer targeted tax cuts that will help families pay for child care and we will also increase the pool of families eligible to receive child care subsidies. Moreover, Governor Youngkin proposes to remove the remaining 1.5 cent grocery tax that is dedicated to localities, without any alternatives for replacing the funds. The Democrats will not likely go along with this unless we find replacement dollars for localities.

REGGI & Going Green—I sit on the Agriculture and Natural Resources Committee. It is an interesting committee and incredibly important in protecting the progress we have made to make Virginia a greener and healthier place to live. This past week, we defeated 6 bills that would have removed Virginia’s participation in the Regional Green House Gas Initiative (REGGI). This is a voluntary program where energy producing plants can start using more renewable energy and sell credits on the carbon market. REGGI brings in about $200 M a year and most of these funds are earmarked for flood mitigation. Governor Youngkin argues that upgrading the energy plants is the cause of higher utility prices. But what about the long-term impact of not reducing carbon emissions? I submit that most consumers would be willing to pay a small increase in rates (which are reviewed by the SCC) to give their children cleaner air to breath.

In summary, it is an honor and privilege to represent you in Richmond, I appreciate your comments, support and advocacy and look forward to connecting with you in person once session concludes.

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Sincerely,