As my third session of serving you in the General Assembly ends, I wanted to update you on some of the issues we addressed this year. This has been the long, 60-day session, and I am ready to be back in the district! During this session, we looked at over 2,500 bills, many of which were not passed. I continued to serve on three committees: Agriculture, Chesapeake and Natural Resources; Counties, Cities and Towns; and Militia, Police and Public Safety. In addition, I served on two subcommittees.
As usual, much of this session was dedicated to getting a budget passed. The House of Delegates met its obligation to pass a structurally sound budget using one-time savings to fund non-recurring costs such as research and capital projects. Additional funding for public schools and local government was included; and it supported higher education, economic development and highway maintenance. K-12 education received an increase over the governor’s introduced budget by allocating additional funds for the latest inflation rates and by expanding the Early Reading Intervention Program for eligible third graders. By the Constitution, Virginia must have a balanced budget, however, as of this writing, that has not been accomplished. The Senate has yet to act.
I have included a partial listing of some of the most important legislation that has been passed by both the House and Senate, along with a brief description. I encourage you to go online and read the full bill by logging onto the state website, http://legis.virginia.gov, and typing in the bill number. The issue that garnered the most interest was Sunday hunting, which failed for the 15th time this year. Overwhelmingly Sunday hunting is not supported by district voters, and I voted to that effect.
Another issue of critical importance to the state is the possible mining of uranium. Virginia Uranium continues to actively lobby legislators to lift the state’s 30-year ban on uranium mining. It is expected that a bill will be introduced next year to lift the ban.
I have been encouraged this year by the amount of feedback I have received on numerous pieces of legislation. I strive to reflect the values and concerns of our district in every vote, and I pledge to continue to represent you to the best of my ability. I appreciate hearing your views and concerns as this helps me be more responsive to the people I represent. It is an honor to serve you.
I will be back in the district office on Main Street in Halifax this week. Don’t hesitate to contact me at any time at 434-476-0077 or by email at [email protected]. Additional information can be found on my website, www.friendsofjamesedmunds.com.
I look forward to working for you.
Successful legislation
Hospital, doctors, dentists and nurses
House Bill 266/Senate Bill 543 – Definition of surgery. Defines “surgery” and provides that no person shall perform surgery unless he is licensed by the Board of Medicine as a doctor of medicine, osteopathy or podiatry; licensed by the Board of Dentistry as a doctor of dentistry; jointly licensed by the Boards of Medicine and Nursing as a nurse practitioner; a physician assistant acting under the supervision of a doctor of medicine, osteopathy, or podiatry; a midwife performing episiotomies during childbirth; or acting pursuant to the orders and under the appropriate supervision of a licensed doctor of medicine, osteopathy, podiatry or dentistry.
House Bill 344/Senate Bill 384 - Dental and dental hygiene school faculty; licensure. Clarifies what patient care activities are allowed for a person enrolled in a Virginia dental education program who has a temporary license to practice dentistry while in the program; clarifies requirements for the board to issue a faculty license to a qualified person from out of state to teach dentistry or dental hygiene in a Virginia dental school or program, and specifies that a restricted license for a foreign dentist to teach dentistry in Virginia is a temporary appointment and extends this restricted license expiration from one year to two years.
House Bill 346 – Practice of nurse practitioners; patient care teams. Amends provisions governing the practice of nurse practitioners. The bill provides that nurse practitioners shall only practice as part of a patient care team and shall maintain appropriate collaboration and consultation, as evidenced in a written or electronic practice agreement, with at least one patient care team physician licensed to practice medicine in the commonwealth. The bill also establishes requirements for written or electronic practice agreements for nurse practitioners, provides that physicians practicing as part of a patient care team may require nurse practitioners practicing as part of that patient care team to be covered by professional malpractice insurance, and amends requirements related to the prescriptive authority of nurse practitioners practicing as part of a patient care team.
House Bill 507 – Suspected child abuse; substance-exposed infants; reporting by physicians. Increases the period of time from seven to 30 days during which a health care provider, not exclusively the attending physician as in current law, may make a finding that an infant is a substance-exposed infant in cases in which the determination is based on a drug test of the infant, a diagnosis that the child has an illness, disease or condition that may be attributed to in-utero exposure to controlled substances, or a diagnosis that the infant has fetal alcohol spectrum disorder. The bill provides that a health care provider may base his determination on a finding that the infant was born dependent on a controlled substance and has demonstrated withdrawal symptoms or on the results of a toxicology study when such diagnosis is made or toxicology study is performed within seven days of the child’s birth, rather than within 48 hours of the child’s birth as in current law. The bill also increases the period of time from 21 days to 30 days after the infant’s birth during which a petition may be filed alleging suspected child abuse or neglect based on a finding by a health care provider that an infant is a substance-exposed infant.
Education
House Bill 1061/Senate Bill 489 – Secondary school graduation requirements; diplomas. Directs the Board of Education to modify the credits necessary for a student to earn a standard or an advanced studies diploma. The advanced studies diploma shall be the recommended diploma for students pursuing baccalaureate study. The standard diploma shall include a concentration in career and technical education and a requirement to earn a career and technical education credential. Standard or advanced studies diploma will require the successful completion of one virtual course. The modified standard diploma is eliminated, but the board shall make provisions in regulation for students with disabilities to earn a standard diploma. The board shall promulgate regulations to implement the provisions of this act to be effective within 280 days of its enactment.
House Bill 1215 – Virtual schools; accreditation. Requires the Board of Education to promulgate regulations establishing standards for accreditation of public virtual schools that enroll students full time.
House Bill 1107/Senate Bill 656 – Public schools; possession and administration of epinephrine. Requires local school boards to adopt and implement policies for the possession and administration of epinephrine in every school. The school nurse, a school board employee or an authorized and trained volunteer may administer the epinephrine to any student believed to be having an anaphylactic reaction. The bill also requires the Department of Health, in conjunction the Department of Education and the Department of Health Professionals, to develop and implement policies for the recognition and treatment of anaphylaxis in the school setting.
Veterans
House Bill 253 – Virginia Personnel Act; hiring preference for veterans; surviving spouses and children. Adds the surviving spouse or child of a veteran killed in the line of duty to the preference in state employment for veterans. The bill defines child to mean a person under the age of 27 years. The bill contains technical amendments.
House Bill 640/Senate Bill 190 – Public school enrollment; military children. Clarifies language relating to enrollment of students pursuant to a special power of attorney to correspond to language in the Interstate Compact on Educational Opportunity for Military Children.
House Bill 922/Senate Bill 22 – Real property tax exemption for disabled veterans. Provides that the tax exemption for the primary residence of a disabled veteran, a disabled veteran and his spouse or a surviving spouse of a disabled veteran includes real property held in a revocable inter vivos trust over which the veteran, the veteran and his spouse, or the surviving spouse hold the power of revocation; held in an irrevocable trust under which a veteran alone or in conjunction with his spouse possesses a life estate or an estate for joint lives or enjoys a continuing right of use or support; or held by a veteran alone or in conjunction with his spouse as tenant or tenants for life or joint lives. The bill also provides that the exemption for the surviving spouse of a disabled veteran includes property held in any of these ways. Finally, the bill establishes a formula for prorating the amount of the exemption in the event there are owners in addition to the disabled veteran.
House Bill 1201 – Exemptions from jury service; foreign service workers; military. Provides that any member of the armed services of the United States or the diplomatic service of the United States who will be serving outside of the United States at the time of the jury service shall be exempt from such jury service upon request.
Gun owners
House Bill 754/Senate Bill 67 – Concealed handgun permit applications; fingerprints. Removes the option for a locality to require that an applicant for a concealed handgun permit submit fingerprints as part of the application.
House Bill 940/Senate Bill 323 – Purchase of handguns; eliminate limitation on handgun purchases. Eliminates the prohibition on purchasing more than one handgun in a 30-day period.
House Bill 26 – Failure to carry concealed handgun permit; penalty. Provides that failure to produce, upon demand of a law-enforcement officer, a concealed handgun permit and government-issued photo identification while carrying a concealed handgun is punishable by a $25 civil penalty. A court may waive this penalty if the person presents a valid concealed handgun permit and government-issued photo identification to the court. The bill also introduces an affirmative defense of having a valid concealed handgun permit to a charge of violating the concealed weapons statute with a handgun.
Fire, EMS, and law enforcement
House Bill 770 – Protective orders against law enforcement officers. Provides that no emergency protective order may be issued against a law enforcement officer for any action arising out of the lawful performance of his duties.
House Bill 395 – Payment for burial expenses; Line of Duty Act. Authorizes the state comptroller to release payments, advanced from the death benefits due to the beneficiary of a deceased person under the Line of Duty Act, to a funeral service provider for burial and transportation costs.
House Bill 438 – Virginia Retirement System; benefits for certain local law enforcement employees. Provides that if an employee who has at least five years in a position covered by the higher retirement benefits plan authorized for certain local law enforcement employees becomes disabled and is unable to return to such position, but eventually accepts another position with the same employer that is not covered by such higher benefits plan, he may, at the sole discretion of his employer, continue to be covered under such benefits plan even if the new position would not otherwise be eligible for such benefits.
House Bill 1104/Senate Bill 411 Secretary of Public Safety; Virginia Fire Services Board; State Board of Juvenile Justice; powers and duties. Consolidates, eliminates and alters various powers and duties of the Virginia Fire Services Board and the State Board of Juvenile Justice regarding regulations, reporting, oversight and the policy-making functions of the boards. The bill abolishes the Interagency Drug Offender Screening and Assessment Committee. The bill contains technical amendments.
House Bill 1202/Senate Bill 140 – Fire insurance; coverage for costs of services by volunteer fire departments. Requires fire insurance policies to provide coverage, with limits not less than $250, for the cost charged by a volunteer fire department that is not fully funded by property taxes in certain instances when the fire department is called in to save or protect property insured under the policy. Higher coverage limits may be offered for an additional premium. The amount billed shall not exceed the limit of coverage.
Seniors
Senate Bill 431 – Financial exploitation of elderly or incapacitated adults; penalty. Provides that it is a felony punishable by imprisonment in a state correctional facility for not less than one nor more than 20 years to knowingly and without legal justification, by deception, intimidation, undue influence, coercion, harassment, duress or misrepresentation use, obtain, convert or take control of an incapacitated adult’s money, assets, property or financial resources with the intent to permanently deprive the adult of the use, benefit or possession of the property or financial resources. If the violation is by a caregiver or person in a position of trust, it is a Class 3 felony. The bill allows forfeiture of personal property used in connection with the crime.
Small Business
House Bill 585 – Income tax; small business investment tax credits. Creates a tax credit equal to 10 percent of a qualified investment in a small business for an eligible investor. The investment must be made on or after Jan. 1, 2012, but before Jan. 1, 2015, and the equity must be held for two years. The Department of Taxation would certify small businesses that may receive investments eligible for the tax credit.