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VIRGINIA STATE LEGISLATION NEWSLETTER
2014 Legislative Outcome: How did we do?
Virginia State Capitol
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How did our State Legislative Plan fare this year?
A synopsis: Two of our four legislative proposals received
strong backing from a number of Democrat and Republican legislators
in the Virginia Senate and the House of Delegates. A third VFC
proposal was sponsored by one legislator in the House. In all,
nineteen separate bills were sponsored that either mirrored these
proposals or provided similar legislation. Yet all of the bills
eventually died without debate in committees of the GOP-controlled
House of Delegates.
Each case is different. Here’s what happened:
Our Senior Absentee Voting proposal received bipartisan support
in the Senate. This proposal would have allowed persons age 65 or
older to vote
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absentee without providing a formal excuse/reason. It was
intended to help many seniors who have difficulty standing for long
periods of time at polling sites but who do not currently quality
for absentee voting by being officially “disabled.” As a result,
one of the main contributing factors to long lines during key
elections is curbside voting in which a voting machine is taken out
to the curb so an elderly voter can cast a ballot from his/her
vehicle. Our proposal would not only have eased the voting process
for seniors but also enhanced access to the polls for everyone by
eliminating the need for curbside voting.
Senator John Miller (D), 1st District, a longtime NARFE
supporter, has been the lead advocate for improved absentee voting
rights for several years. His 2014 Senior Absentee
Voting bill, SB16, served as the linchpin under which three
other identical or similar bills, sponsored by Sen. George Barker
(D-39th), Sen Barbara Favola (D-31st), and Sen Jeffrey McWaters
(R-8th), were incorporated. SB16 passed the Senate on a 28 to 10
vote in January, and was then assigned to the House Elections
Subcommittee for action. (See page 2 for Senate vote breakout.)
continued on next page…
March 2014, Issue #2
Articles:
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2014 Legislative Outcome: How did we do?
Other News from the Virginia General Assembly – Recapping the
2014 Session
State Legislation Meeting - June 10
Senior Absentee Voting Bill (SB16) – Breakout of Senate Vote
Virginia Federation of Chapters (VFC)
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2014 Legislative Outcome: How did we do? continued…
Del Kaye Kory (D), 38th District, sponsored three of
our four legislative proposals. Champion of increased
protections for vulnerable seniors.
YEAS (28):
Democrats: Alexander (5th), Barker (39th), Deeds (25th), Ebbin
(30th), Edwards (21st), Favola (31st), Howell (32nd), Locke (2nd),
Lucas (18th), Marsden (37th), Marsh (16th), McEachin (9th), Miller
(1st), Petersen (34th), Puckett (38th), Puller (36th), Saslaw
(35th)
Republicans: Carrico (40th), Hanger (24th), McWaters (8th),
Norment (3rd), Reeves (17th), Stanley (20th), Stosch (12th), Stuart
(28th), Vogel (27th), Wagner (7th), Watkins (10th)
NAYS (10):
Democrat: Colgan (29th)
Republicans: Black (13th), Cosgrove (14th), Garrett (22nd),
Martin (11th), McDougle (4th), Newman (23rd), Obenshain (26th),
Ruff (15th), Smith (19th)
Senior Absentee Voting Bill (SB16) – Breakout of Senate Vote
Sen John Miller (D), 1st District, sponsored SB16.
Strong NARFE supporter.
Virginia Federation of Chapters (VFC) NARFE
In the House, seven Democrats sponsored bills identical or
similar to SB16: Delegates Rosalyn Dance (D-63rd), Charniele
Herring (D-46th), Kaye Kory (D-38th), Alfonso Lopez (D-49th), T.
Monty Mason (D-93rd), Marcus Simon (D-53rd), and Luke Torian
(D-52nd). Most of the House bills were incorporated into Del
Simon’s bill, HB75, by the House Elections Subcommittee. However,
the Subcommittee subsequently tabled the House bills and SB16 by
voice vote without meaningful discussion or debate.
Our Enhanced Protection of Incapacitated Adults proposal
received its greatest support this year within the House of
Delegates. This proposal would have provided
vulnerable seniors better protection from financial exploitation
by 1) broadening the definition of “incapacitated,” 2) ensuring
asset recovery for victims, and 3) increasing the criminal
penalties.
Del Kaye Kory (D-38th) led the way with her bill, HB315, the
only one of four House bills that contained all three elements of
change promoted by the VFC proposal. Other sponsors of similar
legislation were Del Vivian Watts (D-39th) and Del Joe Yost
(R-12th). All of these bills were assigned to the House Courts of
Justice Committee where all but one died without action being
taken. Del Watts’ bill, which had a specific focus on fraud and
scams, was assigned to the Criminal Law Subcommittee – but it was
eventually carried over to 2015 by voice vote.
(continued on page 3)
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Virginia Federation of Chapters (VFC) NARFE
In the Senate, Sen George Barker (D-39th) sponsored similar
legislation, but his bill was also carried over to 2015.
A third VFC proposal, Income Tax Subtraction for Retiree Health
Insurance Premiums, had one patron within the General Assembly. Del
Kaye Kory (D-38th) sponsored HB314 that essentially would have
permitted retirees to subtract their health insurance premiums from
their Virginia taxable income. The bill was carried over to 2015 by
Finance Subcommittee voice vote.
No legislative sponsors were found for our fourth proposal,
Required Geriatrics Training for Professional License Renewal. It
offered one solution for the state’s critical shortfall of medical
providers with special Geriatrics training. The proposal
recommended a legal mandate whereby medical and health care
professionals providing diagnosis and direct care to Virginia’s
seniors would be required to take continuing medical education
(CME) credits in Geriatrics as a condition of their license
renewal.
Why didn’t our proposals fare better?
While our proposals on Senior Absentee Voting and Enhanced
Protection of Incapacitated Adults received bipartisan traction
through a good number of bills in both the House and Senate, they
were ultimately blocked by leaders of the House Elections
Subcommittee and House Courts of Justice Committee,
respectively.
1) GOP leaders in the House Elections Subcommittee opposed
2014 Legislative Outcome: How did we do? continued from page
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2) In the case of Enhanced Protection of Incapacitated Adults, a
prominent group of House Republicans within the Courts of Justice
Committee have consistently blocked the type of reform recommended
by the VFC and other groups. All of these Delegates are former
prosecuting attorneys. What we do know about their concerns relates
to the scope of prosecutorial discretion.
Specifically, they believe that the reforms we recommend could
lead to prosecutorial “overreach.” Resolving these concerns would
require indepth discussions with these House Republicans –notably
Del David Albo (R-42nd), Del Rob Bell (R-58th), Del Todd Gilbert
(R-15th), and Del Manoli Loupassi (R-68th). If we are able to find
common ground, then dramatically increased lobbying efforts would
be needed to persuade the legislators to enact reform.
3) Income Tax Subtraction for Retiree Health Insurance Premiums
will continue to be an unpopular subject with the Finance
Committees of the General Assembly. Despite the state’s revenue
surpluses, some Virginia lawmakers view the loss of such tax
revenue – from what they perceive as “well to do” seniors – as a
showstopper.
4) Finally, since the issue of Required Geriatrics Training for
medical and health care providers is complex, we’ll need a better
strategy if we continue to pursue a legislative remedy for the
problem. Such efforts should include forming tight alliances with
state organizations specializing in this area. Comments from
lawmakers’ staffs indicate that such medical issues are not well
understood within the General Assembly. Time spent better preparing
the Chairs of the House and Senate Committees on Health and Finance
(and ourselves!) would be well worth the effort.
the Senior Absentee Voting bills as unnecessary. They also
mirrored the actions of their GOP counterparts in other states and
in Congress by challenging voting rights in general – even a
small–step improvement like this one.
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As of this writing, Governor Terry McAuliffe (D) and Virginia
Senate Democrats face a continuing standoff with Republicans in the
House of Delegates over the state’s budget and Medicaid expansion.
Whether the state’s July 1 budget deadline will be missed is not
yet clear, but the gridlock in Richmond looks depressingly similar
to that in Washington.
Meanwhile, about 800 bills passed the General Assembly session
ending on March 8. Here’s an overview of the more notable
actions:
Political/Ethics Reform. A $250 cap was set on tangible gifts
from lobbyists. Personal financial reporting requirements for
lawmakers and their families were increased. However, critics of
the legislation believe that too many loopholes still exist: the
legislature failed to put limits on intangible gifts, including
meals, transportation, and trips.
Education. The number of standardized tests required for
students in elementary and middle schools has been reduced.
Implementation of a new A-F grading system has been delayed two
years.
Mental Health Reform. A number of measures were passed that
improves the state’s oversight
Other News from the Virginia General Assembly - Recapping the
2014 Session
Virginia Federation of Chapters (VFC) NARFE
and treatment of the mentally ill. Also approved was a four-year
study of the state’s mental health services to recommend further
reforms.
Transportation. A new borrowing and tolling authority for the
Hampton Roads area was created. About $200 million per year will be
allocated to Hampton Roads as a result of new sales and fuel taxes
set last year.
Utility Regulation. Dominion Virginia Power will be allowed to
deduct from its profits about $400 million in spending on nuclear
energy research. This action will likely allow Dominion to avoid a
refund to consumers in 2015 and a rate cut in 2017. Dominion was
the largest gift donor to lawmakers last year.
Agriculture. The measures will increase consumer access to
locally produced food. Localities can no longer prohibit
agri-tourism activities unless they have a major impact on public
health and safety.
Animal Welfare. Reforms passed are intended to 1) prevent people
from unknowingly purchasing a pet bred in inhumane conditions; 2)
crackdown on cruel fox and coyote hunting and killing; and 3) save
pets from domestic abuse situations.
Hybrid Electric Vehicles. The measure repeals the widely
unpopular $64 annual license tax imposed on these vehicles last
year.
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Donec interdum
State Legislation
Meeting June 10, 2014
OK, What’s Next?
How do we align our state legislation strategy to the
FON Report’s recommendations?
Are we choosing the right issues?
Should we re-think how to measure “success?”
Virginia Federation of Chapters (VFC) NARFE
Please mark your calendars for Tuesday, June 10. Our annual
State Legislation Meeting will take place at Hilton’s Double Tree
Hotel, 1021 Koger Boulevard, Richmond.
This year, our primary task will be to decide whether or how our
state legislative strategy should change in light of the Future of
NARFE (FON) Committee Report recommendations. In particular, our
focus will be on these recommendations:
#1. Engage in viable strategic planning on an ongoing basis.
• What is our strategic vision for state legislation? Should we
model state-level advocacy on core NARFE goals? Example: Secure and
robust pay, health care, and pensions for all Virginians?
• Should we move to a multi-year state plan instead of changing
issues every year?
• Given the tough political environment, how should we measure
“success?” Success doesn’t have to be measured solely on the basis
of whether a specific piece of legislation is passed in a given
year. Should we also measure success through our ability to partner
with like-minded local groups? To market our agenda statewide? To
increase the level and quality of our lobbying efforts?
#3. Enhance NARFE’s mission to include championing good
government and public service.
• Should we broaden our state legislative portfolio to include
“good government” issues, such as transparency, campaign finance
reform, and redistricting reform, or, championing public service at
the state-level?
#35. NARFE must use the most beneficial technology and
communications methods possible.
• How do we better market ourselves? Advertising? Information
booths at local events? How about online brainstorming and crowd
sourcing for problem solving, generating new ideas, soliciting
contributions, supporting legislative petitions? Other?
Instructions on how to prepare for the meeting will be e-mailed
to you soon. Bring your ideas and issues to the meeting – I look
forward to seeing you there.
-- Patti Downs, VFC State Legislation Chair
[email protected], (cell) 703-772-7537
State Legislation Chairs!
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