Midsession update on 25 issues in legislature

2024 GENERAL ASSEMBLY

RICHMOND — As the Virginia General Assembly session passes Tuesday's procedural midpoint, some of the Democratic majority's priorities — such as a proposed ban on assault-style weapons and creation of a legal market to sell marijuana — appear destined for vetoes by Gov. Glenn Youngkin.

The governor is holding out hope for his proposed $2 billion arena project that would bring the NBA's Washington Wizards and the NHL's Washington Capitals to Alexandria's Potomac Yard.

Youngkin can either sign, veto or seek to amend bills that reach his desk. Democrats, with slim majorities in the House of Delegates and state Senate, do not have the votes to override a veto. Here's a look at where 25 issues stand:

Abortion

Each chamber passed Democratic proposals to prohibit use of search warrants to access menstrual health data, and to prevent extradition of people who come to Virginia for abortions from states where it is illegal.

Lawmakers defeated Republican proposals for restrictions, including measures to bar use of public funds for abortions, to prohibit abortions sought on the basis of the sex or race of the fetus, and to bar abortions with one exception, for the life of the pregnant person.

Appointments

Democratic lawmakers confirmed Youngkin's appointment of Patricia West as chair of the Parole Board after a Senate panel initially removed her name from a list of appointees requiring General Assembly confirmation. Legislators also voted to confirm state Superintendent of Public Instruction Lisa Coons after the leader of the Senate Education and Health Committee raised concerns about the Department of Education.

Arena project

The House approved a revised proposal for a new state authority to issue bonds for a $2 billion sports and entertainment district in Alexandria that would become home of the Washington Capitals hockey team and Washington Wizards basketball team. A Senate committee has refused to consider the proposal, a top priority for Youngkin. The governor has included language in his proposed budget to carry out the project.

Budget

On Sunday, the House Appropriations and Senate Finance and Appropriations committees will release their versions of the $185 billion budget that Youngkin proposed in December. Neither version is expected to include the governor's proposals to cut income tax rates, raise the sales tax and expand its application to digital services.

Cannabis

The House and Senate backed bills to set up a legal market for marijuana sales. Youngkin has indicated he is not interested in pursuing a legal market.

Cocktails to-go

The House and Senate backed bills to let businesses continue to sell cocktails to-go on a permanent basis. The permission to sell such cocktails — granted during the pandemic — is currently scheduled to sunset on July 1.

Colleges

Both chambers passed measures to end legacy admissions — the practice in which the children of alumni get extra consideration in the admissions process. Youngkin has indicated he would sign the legislation.

The Senate passed a proposal to let public universities hire their own legal counsel, a measure Attorney General Jason Miyares opposes.

Constitutional amendments

Democrats put off until 2025 starting the multi-year effort to pass state constitutional amendments to protect abortion rights, remove from the state constitution defunct language barring same-sex marriage and to automatically restore the rights of felons who have served their time.

Data centers

A bill to let localities assess a proposed data center's impact on water use and carbon emissions passed the House, but a similar Senate bill was continued until 2025. Lawmakers also put off until next year measures saying data centers cannot be too close to parks or historic and cultural resources, and one saying sales tax breaks for data centers should be contingent on meeting energy efficiency standards.

A proposal for a study of future energy needs for data centers was continued. Lawmakers defeated another measure that said approval of a data center site could only come if the facility took steps to reduce noise.

Lawsuits

Virginia state courts currently cannot hear class action lawsuits, the cases that bring together lots of victims and that bring multimillion-dollar damage awards. The House and Senate approved bills to allow class action cases.

A bill to grant double damages to Virginians whose auto insurers deny claims in bad faith has passed the Senate.

Local government

The Senate passed a bill that would let the state step in and appoint a manager when local governments cannot pay their bills or file required annual financial reports. But the House killed an identical version, as several delegates who approved the measure in committee switched their votes when it arrived on the floor. The measure sparked localities' concerns about state overreach.

Lawmakers put off until 2025 consideration of measures that would let the State Corporation Commission approve large solar energy facilities when localities won't.

Gambling

Lawmakers backed giving Petersburg a shot at a casino, but not Fairfax County. A Senate panel carried over for consideration next year a bill to let Virginians bet on the state's college teams.

Guns

The House and Senate passed Democrat-backed bills to ban assault-style weapons. Those and many other gun control bills could face vetoes from Youngkin.

Republican-backed proposals to raise minimum sentencing for crimes committed with guns did not progress.

K-12 education

Bills that would require that public school teachers be paid at or above the national average teacher salary passed both chambers.

Legislation that would encourage intra-district open enrollment died in the Senate, but a similar bill with amendments passed in the House with support from Democrats. The only school choice bill to make it to the session's procedural midpoint, the proposal would encourage school divisions to let families choose any school within their locality.

A bill that unanimously passed the Senate would increase the ratio of students to counselors, increase the ratio of teachers to English language learner students, place several parameters on Standards of Quality funding calculations performed by the Department of Education, and develop a plan for revised special education staff ng requirements.

Meals tax fees

The House of Delegates passed legislation designed to give restaurants relief from late meals tax fees but a Senate committee defeated a similar measure.

Medical malpractice

A bill to create an exemption for Virginia's unique-in-the-nation cap on insurance payments for medical mistakes and negligence when the victim is age 10 or younger passed the Senate committee that looks at legal issues, but the Senate Finance Committee killed the measure.

Medically assisted death

A bill to allow medically assisted death for people with terminal illness and less than six months to live has passed the Senate, but the measure's House sponsor let it be defeated on the final day it could have been considered in that body. Both bills say two doctors have to determine that a patient has six months or less to live and is mentally competent to ask for that assistance.

Mental health

The House passed a bill that says people in a mental health crisis should not be charged with assault on a police officer if they flail out while arrested. The House also backed measures to divert people with developmental disabilities from Virginia's overcrowded state hospitals, and to make clear that the services of mobile crisis teams and crisis receiving centers are covered by health insurance.

A bill died that would have allowed state hospitals to divert to general hospitals people with serious physical illnesses that the state facilities can't care for.

Minimum wage

Along party lines, the House and Senate backed bills to raise Virginia's minimum wage from $12 per hour to $13.50 per hour in 2025 and $15 per hour in 2026. Youngkin has signaled opposition, saying lawmakers should let the market work.

Skill games

The House and Senate are taking different tacks on electronic skill games. A Senate bill would allow them with a 15% tax while the House wants higher license fees, a 30% tax, background checks and central monitoring by the Lottery of amounts wagered and paid. Lawmakers will need to resolve the differences in the weeks ahead.

SCC judges

The assembly elected Sam Towell and Kelsey Bagot to fill two long-vacant seats on the three-member State Corporation Commission.

'Second look' law

The Senate passed and the House defeated measures for a "second look" law. It would allow felons who have served substantial portions of their sentences and demonstrated good behavior to petition for reconsideration of their sentence.

Taxes

The House and Senate have carried over till next year legislation for Youngkin's plan to cut income tax rates by 12%, raise the sales tax by 0.9% and broaden its application to digital services. A joint subcommittee on tax policy will study those proposals over the next year. It also will take up deferred legislation to add an additional income bracket for higher earners and legislation to remove the expiration date for increases in the standard deduction in the past two years.

A House subcommittee killed the only bill that would have fully repealed the local car tax, which Youngkin had urged without proposing a plan to do it.

Tenants

A bill that would let localities set limits on landlords' rent increases was put on ice until 2025, which likely means it will die. The House approved a measure to bar landlords from charging fees for maintenance or repair of a tenant's home.

The House also backed measures: for the tenant to seek injunctions and damages if a landlord doesn't maintain the rental dwelling unit in a fit and habitable condition; allowing localities to act if a landlord doesn't fix housing under a condemnation note; and that say tenants are entitled to three months' rent and a return of security deposits if a landlord doesn't fix those faults.

These measures now move to the Senate, which backed a measure to protect mobile home tenants' rights when facing eviction.

Workplace issues

Bills that would allow workers' compensation payments for Virginians injured by repeated workplace stress passed General Assembly committees focused on business and labor issues but the House and Senate money committees continued the measures to 2025.

Bills to create paid family leave for people who need time off to care for family members or for themselves died in the House money committee but passed the Senate. Both chambers approved legislation to require the Virginia Employment Commission to waive overpayments of unemployment benefits that people received through no fault of their own and cannot afford to repay.