Dear John,

The second week of the General Assembly session brought a mix of new challenges and important opportunities. The most noteworthy opportunities were the votes the Democratic majorities took to enshrine in our state constitution rights and freedoms important to a vast majority of Virginians. These amendments will protect reproductive autonomy, marriage equality, and the ability of persons convicted of felonies who are re-entering society to vote. There is a palpable fear among many Virginians that changes at the national level may limit freedoms in the areas that our constitutional amendments address. More detail on these amendments is below.

Constitutional Amendments Update:

This week the Senate acted on three proposed amendments to the Virginia Constitution - enshrining the right to reproductive freedom, the right to marry whomever you love, and the right to vote for those previously convicted of felonies who have served their time.

SJ247, the constitutional right to reproductive freedom, passed through the Senate on a party line vote. We had a robust debate on the floor, which in large part focused on the need for an absolute parental right to consent. I was proud to stand up for youth who were raped by a parent or in an abusive home situation and ensure that our constitutional amendment did not infringe on the right of a minor to seek judicial intervention to bypass parental consent on the question of an abortion in certain limited cases. I noted on the floor “Unfortunately, we are not living in a perfect world where every family is loving and supportive. And our constitution must reflect this reality.” News outlets reported on my floor speech, including The Washington Post.

SJ248, which would enshrine the automatic restoration of the right to vote following release from incarceration for those convicted of felonies, passed through the Senate with a vote of 21-18. Virginia is one of only a few states that requires individuals convicted of felonies to individually petition the governor for rights restoration, which is a relic of Jim-Crow era policies aimed to disenfranchise voters. I was proud to vote in favor of this amendment that will create a more just society in the Commonwealth.

SJ249, the constitutional right to marriage between two adults, passed through the Senate with a vote of 24-15. I am glad that this amendment received bipartisan support from our friends across the aisle. While the right to marry is currently protected by the federal Obergefell v. Hodges ruling, the rationale behind the Court’s recent decision overturning Roe also draws the future of that case and the right to same-sex marriage into question. We must enshrine this right in our state constitution to ensure protections for our LGBTQ+ population.

General Overview

In addition to defending my many bill proposals, participating in robust senate floor debates and voting on many pieces of legislation, I managed the deliberations for more than 50 bills in the committees for which I serve as chair. I am proud to say that the Rehabilitation and Social Services Committee voted on bills to improve the safety net for children and families, especially foster youth, and improved re-entry services for individuals exiting our prisons and jails. The Health subcommittee of the Education and Health Committee passed bills to improve telehealth monitoring for those with chronic diseases and established a process for mobile health units to dispense with substance use disorder medications. I have been a longtime champion of improving access to health care, especially in underserved areas.

Chairing the Health Subcommittee

I defended many of my bills this week, all of which were passed out of their assigned committees or subcommittees. This includes SB760, which changes the deadline by which an absentee ballot must arrive from noon to 5:00 pm on the Friday following an election. I appreciated the support of the League of Women Voters and other good government advocates who wanted to show their support for the tools that make democracy work.

Defending SB760 in front of the Privileges and Elections Committee

K-12 Education:

The Education and Health committee had a robust hearing on Thursday, where we passed many bills to help reform the student achievement assessments. Of great interest to local school systems was SB855, patroned by Senator VanValkenburg, which allows school systems to use nationally accredited assessment tools and not just the state Standards of Learning (SOLs). This proposal passed out of committee unanimously.

Fortunately, SB753, my bill requiring the state to cover the cost of providing math SOLs in elementary schools in the Spanish language was unanimously reported out of the Education and Health Committee. My bill also requires that math problems presented in the Spanish language be culturally sensitive. Teachers and educational leaders would be tasked with identifying students that may benefit from such an accommodation. 

Additionally, my SB820 establishes a grant program for schools that are identified as being in the two lowest tiers of Governor Youngkin’s new accountability system. I do not think it is wise to put the names of the two lowest tiers, commonly referred to as: “off track” or “needs intensive support” in statute, so I removed those names from the bill that was unanimously reported out of committee.  

I submitted a $100M budget amendment to support the grant program authorized in SB820. This amount is twice what Governor Youngkin has proposed. It is my hope that the Democratic majorities will substantially fund the schools that are attempting to improve their academic standing whenever the new accountability system takes effect. I know school systems want a delayed start date for the Youngkin accountability system but I am not confident that such a delay is realistic, so I worked with the Virginia Education Association and other stakeholders to submit a robust funding request for the next academic year.

My Bills on the Floor:

In the first two weeks of the General Assembly, 12 of my bills passed out of the Senate - over half of them were voted out unanimously! See below for highlights:

Financial Fraud & Protecting Older Adults:

SB825, which allows the seizure of financial assets in cases of suspected fraud that is perpetrated on vulnerable adults, passed off of the Senate floor with a unanimous vote. Unfortunately, elderly Virginians are often targeted for financial fraud schemes. This bill provides law enforcement and third party representatives with the flexibility to quickly seize assets that may be in danger of theft. I have diligently worked with the AARP, the Bankers Association, consumer advocates, and others on this legislation. Senator Obenshain, a Republican lawmaker from Rockingham, joined me as chief co-patron on this legislation. I also want to give a “shoutout” to Arlington County for working with me on passing this impactful bill.

Gun Safety Proposals:

SB744, a bill I re-introduced this year after it was vetoed by the governor last year, relates to the transfer of firearms from a person convicted of assault and battery of a household member. It passed out of the Senate on a party line vote. This bill ensures that someone who is the subject of a protective order or convicted of domestic assault and battery and prohibited from possessing a firearm, cannot simply claim to give that firearm to someone else in their household. The bill requires the offender to file a form with the court that gives the name and address of the firearm recipient, and to affirm that the recipient is at least 21 years of age, does not reside in the same household with the offender, and is otherwise legally eligible to possess a firearm. This is my second year carrying this bill. I am eternally hopeful that common sense and the desire to keep women safe will one day prevail with my colleagues on the other side of the aisle. Delegate Bennett-Parker and I have worked with the Virginia Sexual and Domestic Violence Action Alliance and other grassroots advocacy groups to help ensure that this bill will one day become law.

Temperature Regulation in Housing:

SB748 directs the Department of Housing and Community Development and the Uniform Statewide Building Code Commission (Commission) to evaluate changes to the building code to help ensure that landlords can maintain reasonable heating and cooling temperatures in their units. Because of climate change and uncommon swings in temperatures, Arlington residents living in apartments are suffering with uncomfortable interior temperatures during the colder seasons and are left sweltering in earlier-than-expected warmer seasons. In fact, some Arlington residents were experiencing temperatures above 80 degrees before their building switched from heating to air conditioning. This bill calls on the Commission to consider changes that would shift the dates on which buildings are switched from heating to air conditioning and vice versa. I worked with the Virginia Homebuilders Association and the Apartment and Office Builders Association to structure the evaluation of the building codes in a way that I believe could be implemented without causing excessive costs to the landlords.

Protection of Reproductive Health Data:

SB754 prohibits the willful disclosure of private reproductive health information and passed with a vote of 20-17. My bill enables a consumer to exercise a private right of action if a data company which they had trusted willfully releases their personal information related to reproductive health services. Even though willful conduct is a high legal bar, I expect the data companies to oppose this bill when it reaches the governor’s desk. I consider this bill to be the next step after my successful achievement last year in protecting menstrual health data from law enforcement. As a member of the Joint Commission on Technology and Science, I will continue to work on efforts to protect our most sensitive and personal information.

Mental Health in Schools:

SB768 directs the Department of Education to evaluate mental health services in schools through surveying local educational agencies (LEAs). This bill, which was a recommendation of the Commission on Youth, of which I am a member, passed the Senate unanimously this week. This legislation will also improve LEAs’ ability to connect students and families with resources in their community. We must prioritize mental health services in schools to ensure that all students have access to mental health services, regardless of their zip code.

Board of Local and Regional Jails Reporting:

SB770, will ensure that an annual report is published that includes the number of deaths in our local and regional jails, the nature of the deaths, and any trends that may become obvious and require corrective actions. I worked with the Youngkin administration to ensure that lawmakers, advocates, and the general public will be made aware of critical information about the treatment of individuals in our local and regional jails.

School Health Services Committee:

SB799 extends the sunset date for the School Health Services Committee, a joint committee that I am honored to chair. This committee evaluates the many proposals offered by lawmakers that would require local school systems to offer a specific health service in the schools. The committee is considering legislation to assist school systems in placing a registered nurse in every school. Other proposals that have come before the committee included the availability and provision of insulin and the need to create and fund emergency cardiac arrest services and other health-related services. The work of this committee is incredibly important to students’ health as well as acknowledging the ever growing responsibilities of our school systems and the additional resources that may be needed to meet students’ health needs.

Foster Care:

SB818 requires notifying children in foster care of the federal benefits such as Social Security and Disability Income or veteran family benefits for which they may be eligible. If social services is the legal guardian of the foster youth, my bill requires the local department of social services to notify a child over the age of 12, their legal guardian or next of kin, their guardian ad litem, and their counsel that the youth is eligible for federal benefits. Unfortunately, children in foster care often leave the system with a lack of resources and financial support. Tracking their eligibility for benefits will provide much needed information and, hopefully, access to resources to ensure their future success.

I hope you’ll visit my website at BarbaraFavola.org and subscribe to my regular newsletters. I also have a dynamic social media presence through Facebook, X (formerly Twitter), and Blue Sky. I hope you’ll follow my work using one or more of those platforms. You may also track legislation through Virginia’s Legislative Information System. The Commonwealth’s General Assembly Website is a useful tool as well. You can follow events, find pertinent information, observe sessions, and monitor committee meetings through the site.

It is an honor and a privilege to represent you in Richmond.

Sincerely,

Barbara Favola

Representing District 40