New Laws Update

As of July 1, legislation passed during the 2021 General Assembly session, with few exceptions, is now law. This session the Democratic majority continued advancing a significant number of their progressive priorities that I believe move the Commonwealth in the wrong direction and, without course correction, will have negative unintended consequences for years to come.

Even in this difficult political environment there are still opportunities to pass some positive bi-partisan initiatives for the citizens of the Commonwealth. This includes some of the bills I was pleased to be a part of, such as our bill to establish an enhanced tax credit for our farmers to implement best management practices, our bill to improve access to services for all students with a brain injury, as well as a bill headed by Delegate Kilgore to establish a grant program to incentivize solar development on reclaimed mine land and old industrial sites (brownfields) in order to avoid development on prime farm or forest land.

Among the more concerning new laws are those that weaken potential consequences for even the most violent and insidious crimes – even at a time when violent crime is increasing across the nation. These soft on crime measures disregard crime victims and the fact that Virginia’s existing policies allowed the Commonwealth to enjoy one of the lowest violent crime rates and the lowest recidivism (reoffend) rate in the nation. This year the majority also broke the long standard practice of prohibiting taxpayer funding of abortion – which survey after survey shows the public supports maintaining. Following the passage of the “Clean Economy Act” in 2020 that will raise electric bills significantly over the course of the next few decades, they built off this “progress” to pass an emissions standard matching California’s that will drive up transportation and vehicle costs as well.

Marijuana legalization has no doubt been the hot topic of the year and there are respectable arguments on both sides of that issue. Arguments on the general question of legalization aside, the final version of the new law contains numerous problematic aspects. Among them is the fact that we are legalizing the substance but failing to simultaneously have a system in place for a legal market to purchase it. This will allow the black market to flourish, ensuring the legal market won’t likely be able to compete once established. The bill also establishes that possession up to a pound (which I understand can be 900-1,000 joints) is only a $25 fine. Someone in possession of a pound of marijuana does not likely have it only for their personal use – they are probably dealing it. Coincidently, that $25 fine is the same fine now in place if you accidently let go of a balloon at the fair- although that fine is cumulative ($25 for each balloon).

Sometimes what didn’t pass is just as notable as what did. The General Assembly didn’t pass any provision that sought even modest progress to ensure election integrity. These included bills to reestablish the photo ID requirement and allow the opportunity to more frequently remove dead people from the voter rolls, among others. While there was bipartisan support for the bill to require that our schools be open to in-person learning five days a week in accord with CDC recommendations, unfortunately there was not support for making that effective for the remainder of the 2020-2021 school year. Could we have gained decent Democratic support on that effort, it may have salvaged at least several months of what was left of the school year. As it were, many students across the Commonwealth remained shut out from their schools and continued to struggle – putting them even further behind moving forward.

In addition to a brief list below that offers a snapshot of the legislation approved, each year the division of legislative services publishes a document that contains many of the bills signed into law that may be of direct interest/impact to many citizens. That document can be found here.

Of course, neither listing is comprehensive . For the full scope of bills signed into law or considered during the 2021 Regular or Special Session, please visit lis.virginia.gov.

If you have questions about any of the new laws or if my office might be of assistance in any way, please don’t hesitate to reach out. You can reach us by email at [email protected] or by phone at 540-208-0735.

Bills of Possible Interest:
HB 1763 Creates an enhanced income tax credit for the implementation of certain agricultural best management practices by the farmer that are required as part of a certified resource management plan.

HB 1904 requires all school teachers and officials to complete cultural competency training every 2 years, as directed by the Board of Education, or risk revocation of their teaching license.

HB 1909 permits school boards to declare any non-school zone buildings or other school property where employees work as gun-free zones.
HB 1925 establishes the Virginia Brownfield and Coal Mine Renewable Energy Grant Fund and Program.

HB 1965 directs the State Air Pollution Control Board to implement a low-emissions and zero-emissions vehicle program for motor vehicles starting with model year 2025, effectively adopting the California Vehicle Emissions Standards.

HB 2001 mandates all state and local government buildings to add electric vehicle charging materials and to add tracking technology to monitor energy efficiency and carbon emissions. Local governments are given the authority to enact even stricter requirements.

​​​​​HB 2032 includes all employees providing domestic services in employee protection laws. Private homes will be subject and open to inspection by the Dept. of Labor and Industry.

HB 2081 will ban any individuals other than law enforcement from possessing guns within 40 feet of polling places on Election Day.

HB 2159 Prohibits any individual over 16 from releasing a nonbiodegradable balloon into the air outdoors and subjects the individual to a $25 fine per balloon. If a person under age 16 releases a balloon at the instruction of an adult, the adult is subject to the $25 fine.

HB 2312 Legalizes possession of marijuana up to an ounce and allows the cultivation of a limited number of marijuana plants for personal use. Possession of up to a pound of marijuana is reduced to a $25 civil penalty. Imposes limits on dissemination of criminal history record information related to certain marijuana offenses. The bill creates the Virginia Cannabis Control Authority (the Authority), the Cannabis Oversight Commission, the Cannabis Public Health Advisory Council, the Cannabis Equity Reinvestment Board and Fund, and the Virginia Cannabis Equity Business Loan Program and Fund. Establishes a regulatory and licensing structure for the cultivation, manufacture, wholesale, and retail sale of retail marijuana and retail marijuana products, to be administered by the Authority (including pro-union access requirements). The provisions establishing a legal retail market are subject to a delayed 2024 effective date and reenactment by the 2022 Session of the General Assembly.

SB 1165 abolished the death penalty in all circumstances, including for mass murderers, terrorists, and those who kill law enforcement officers.

SB 1266 grants certain crimes — including assault, gang violence, and sex/human trafficking — a presumption for receiving bail and requires a judicial officer to consider all relevant information before denying bail.

SB 1276 repeals the ban on abortion coverage in plans offered through the state-operated exchange, allowing taxpayer funding of abortion.

SB 1303 requires all school divisions to offer full-time, in-person instruction effectively starting with the 2021-2022 school year (previous efforts to make it effective in February for the remainder of the 2020/2021 school year failed to pass).

SB 1381 makes it a Class 1 misdemeanor to carry a firearm in the Capitol Building, within Capitol Square and the surrounding area, and any state-owned building or building where state employees regularly work.