“The Republican-led House made real progress during the 2011 Regular Session and on many fronts, especially in passing a fiscally sound and structurally balanced state budget that funds core government services,” said Speaker Howell. “At our insistence, the final budget agreement includes no new fees or higher taxes. It has no earmarks for non-state agencies. There is no funding or debt for a new ‘Taj Mahal’ to replace the General Assembly Building. There is $67 million less in authorized debt. And, the accelerated sales tax is eliminated for 80% of retailers. Yet, there also are prudent investments in economic development, transportation, education, health care and other important services. Overall, we’ve had a very productive legislative session.”

Below is the outcome for a selected list of 100+ measures – grouped by topic – supported by the House Republican Majority. In all, about 1,600 pieces of legislation were approved by the General Assembly this year.

Budget & Taxes

HB 1500 (Putney — Bedford)                       Passed House 97-0                 Passed Senate 40-0

• Includes no new taxes and eliminates $5.7 million in fee increases adopted last year

• Eliminates $66.8 million in previously authorized debt

• Deposits an $64 million into the Rainy Day Fund, on top of that authorized in the Governor’s introduced budget, bringing the total deposit to $114 million

• Eliminates in large part the accelerated sales tax that weighed on retailers across the Commonwealth

HB 1820 (Ware, R.L. — Powhatan)              Passed House 99-0                 Passed Senate 40-0

Imposes a $100 million cap on land preservation tax credits per year and provides for the review of certain real property appraisals performed for the purpose of receiving a land preservation tax credit.

HB 1437 (Cole — Spotsylvania)                    Passed House 94-5                 Passed Senate 38-2

Gives localities some flexibility in determining the basis for calculating business, professional and occupation license taxes within their jurisdiction.

HJ 852 (Cline — Rockbridge)                        Passed House 68-26               Killed by Senate Committee

Encourages the United States Congress to adopt legislation requiring a balanced federal budget and to call a convention to amend the U.S. Constitution to require a balanced federal budget.

Jobs, Energy & Economic Development Opportunities

HB 1500 (Putney — Bedford)                       Passed House 97-0                 Passed Senate 40-0

• Includes over $40 million in various job-creating economic development efforts
• Eliminates the vast majority of the accelerated sales tax that hit retailers throughout the Commonwealth
• Includes no new fees or tax increases
• Invests $32.7 million to capitalize the new Transportation Infrastructure Bank for use by private and public entities in financing necessary transportation priorities

HB 1447 (Cline — Rockbridge)                     Passed House 76-23               Passed Senate 40-0

Grants individual and business income tax credits of 15-20% for expenses related to qualified high-tech research and development in Virginia.

HB 2197 (Comstock — Fairfax)                    Passed House 89-10               Passed Senate 40-0

Grants employers a tax credit for expenses incurred in developing and implementing telework arrangements for employees.

HJ 500 (Bell, R.P. — Staunton)                     Passed House 61-36               Killed by Senate Committee

Incorporates Virginia’s “Right to Work” statutue into the State Consitution.

HB 2052 (Hugo — Fairfax)                           Passed House 63-32               Killed by Senate Committee

Requires the use of secret ballots in any procedure authorizing or selecting a labor organization to represent workers.

HB 2221 (Oder  — Newport News)              Passed House 85-14               Passed Senate 40-0

Creates an exemptipon from the aircraft sales and use tax for businesses headquartered in Virginia that make a minimum of $4 million capital investment in Virginia, create at least 50 new jobs and enter into a memorandum of agreement with the Virginia Economic Development Partnership.

HB 1982 (Kilgore — Scott)                           Passed House 99-0                 Passed Senate 40-0

Reduces the eligibility criteria for making use of the Governor’s Development Opportunity Fund from $10 million in private investment and 100 new jobs created to $5 million and 50 new jobs.

Education

HB 2510 (Cox, M.K. — Colonial Heights)    Passed House 98-0                 Passed Senate 40-0

• Sets a goal of creating 100,000 additional undergraduate degrees in Virginia over next 15 years
• Emphasizes the importance of highly competitive “STEM” degree programs, which include science, technology, engineering and math
• Increases access and affordability for more in-state residents wanting to attend Virginia’s institutions of higher learning
• Improves institutional efficiency by encouraging colleges and universities to analyze the use of state-owned buildings, find opportunities to use buildings year-round and explore technological alternatives for summer and on-line classes

HB 1416 (Loupassi — Richmond City)         Passed House 48-46               Killed by Senate Committee

Requires local school boards to report the percentage of their budget spent on instructional spending, and, if the percentage is less than 65 percent, to develop a plan to increase instructional spending

HB 2314 (Massie — Henrico)                        Passed House 54-45               Killed by Senate Committee

Enables Virginia corporations that have given cash donations to non-profit groups offering tuition assistance for non-public schools to receive a corporate income tax credit equal to 70% of their charitable contribution.

HB 1554 (Wilt — Rockingham)                     Passed House 99-0                 Passed Senate 40-0

Delays implementation of certain accreditation requirements to allow school systems to effectively allocate limited financial resources.

HB 1793 (Tata — Virginia Beach)                 Passed House 99-0                 Passed Senate 40-0

Allows local school boards to award diploma seals for Board of Education approved diplomas.

HB 1792 (Tata — Virginia Beach)                 Passed House 95-3                 Passed Senate 40-0

Codifies the flexibility given in the Standards of Quality for use of appropriations act funds for instructional staffing for mathematics, limited English proficiency, reading, technology and assistant principals.

Health Care

HB 1500 (Putney — Bedford)                       Passed House 97-0                 Passed Senate 40-0

• Sets aside an additional $30 million for the Behavioral Health Trust Fund to help intellectually and developmentally disabled Virginians
• Includes $14.3 million for additional staffing and accomodations for the Sexually Violent Predator Program at the Virginia Center for Behavioral Rehabilitation
• Restores a total of $12.5 million in CSA funding for Children’s Mental Health Services

HB 2467 (Greason — Loudoun)                    Passed House 74-24               Passed Senate 27-11

Ensures that health insurance plans in the Commonwealth cover autism spectrum disorders for children ages 2 through 6 up to a yearly cap of $35,000.

HB 1428 (Bell, R.P. — Staunton)                  Passed House 66-33               Killed by Senate Committee

Requires that abortion clinics be regulated in the same fashion as hospitals, ambulatory clinics and dentists offices, including biennial inspections and provision of certain emergency life-saving equipment.

HB 1419 (Byron — Campbell)                       Passed House 61-33               Killed by Senate Committee

Eliminates mandatory, opt-out HPV vaccines given to schoolgirls starting in the sixth grade, and replaces the mandate with an opt-in vaccination program.

HB 2147 (Cline — Rockbridge)                     Passed House 60-36               Killed by Senate Committee

Requires that health insurance plans that will be available through Virginia’s health benefits exchange shall not cover abortions.

HB 1675 (Pogge — James City County)       Passed House 94-0                 Passed Senate 40-0

Provides procedures and standards for agencies or governmental entities applying for variances or exemptions to regulations governing emergency medical services.

HB 1960 (Rust — Fairfax)                             Passed House 94-5                 Passed Senate 40-0

Clarifies that institutions of higher education must be formed, headquartered and have their principal place of business in Virginia in order to be eligible for the Virginia Tuition Assistance Grant Program.

HB 1968 (Robinson — Chesterfield)             Passed House 95-0                 Passed Senate 40-0

Provides that whenever a certification, signature or other attestation is required by a physician, it will also be deemed to include such attestation by a physician assistant.

Law Enforcement & Public Safety

HB 1500 (Putney — Bedford)                       Passed House 97-0                 Passed Senate 40-0

• Includes $400,000 in additional funding for the Line of Duty program, bringing total FY 2012 funding up to $3.4 million
• Includes an additional $8.3 million for sheriffs in FY 2011 and $14.3 million in FY 2012
• Funds 27 new judges in jurisdications with heavy caseloads

HB 1995 (Janis — Henrico)                           Passed House 98-0                 Passed Senate 40-0

Protects victims of child pornography by providing civil restitution as an additional punishment and deterrent to producers of child pornography.

HB 1434 (Garrett — Lynchburg)                   Passed House 98-0                 Passed Senate 40-0

Adds synthetic marijuana, otherwise known as “spice,” to the list of substances that are illegal to possess, buy or sell in Virginia.

HB 1403 (Loupassi — Richmond City)         Passed House 98-0                 Killed in Senate Committee

Protects citizens and law enforcement officers by allowing seizure and sale of vehicles involved in eluding police officers or that otherwise are used to endanger law enforcement officers, with proceeds flowing to the Literary Fund.

HB 1407 (Janis — Henrico)                           Passed House 99-0                 Passed Senate 40-0

Increases penalties for underage drinking and driving, keeping all Virginians safer on our roads.

HB 1590 (Iaquinto — Virginia Beach)          Passed House 99-0                 Passed Senate 40-0

Expands the jurisdiction of Virginia’s General District Courts by raising the maximum claim limit from $15,000 to $25,000.

HB 1573 (Cleaveland — Botetourt)              Passed House 75-23               Killed by Senate Committee

Codifies the common law “castle doctrine” by allowing the use of deadly force in defense of self or others when an individual is threatened with seriously bodily injury intheir own home.

HB 1589 (Iaquinto — Virginia Beach)          Passed House 75-23               Killed by Senate Committee

Requires installation of an ignition interlock after a single DUI conviction.

HB 1651 (Cosgrove — Chesapeake)              Passed House 99-0                 Passed Senate 40-0

Requires the DMV to cancel licenses and other identification cards issued to indivudals who are later discovered to be illegally present in Virginia.

HB 1777 (Gilbert — Shenandoah)                 Passed House 98-0                 Passed Senate 40-0

Provides that those who create or sell fake birth certificates are guilty of a Class 6 Felony.

HB 1859 (Anderson — Prince William)         Passed House 81-8                 Passed Senate 40-0

Requires state agencies entering into contracts to require E-Verify use by contractors on projects over $50,000.

HB 1421 (Albo — Fairfax)                            Passed House 73-26               Killed by Senate Committee

Prevents agencies, political subdivisions and localities from limiting enforcement of federal immigration laws or establishing “sanctuary cities.”

HB 1465 (Peace — Hanover)                         Passed House 75-24               Killed by Senate Committee

Requires all public post-secondary institutions in the Commonwealth to develop and implement rules prohibiting the enrollment of illegal aliens.

HB 1468 (Albo — Fairfax)                            Passed House 83-16               Killed by Senate Committee

Requires that all local departments of social services verify the legal presernce of an individual applying for public assistance benefits.

HB 1934 (Miller, J.H. — Manassas)               Passed House 78-20               Killed by Senate Committee

Directs Virginia’s State Police to enter into a memorandum of agreement with federal immigration enforcement officers thereby allowing Virginia’s State Police to perform immigration enforcement duties within the Commonwealth.

HB 2333 (Lingamfelter — Prince William)    Passed House 81-18               Killed by Senate Committee

Establishes E-Verify users and in-state businesses a preference for purposes of breaking a tie bid during the public procurement process.

HB 1757 (Wilt — Rockingham)                     Passed House 99-0                 Passed Senate 40-0

Heightens protections afforded victims of domestic violation by expanding Address Confidentiality Program.

HB 2225 (Wright — Lunenberg)                   Passed House 98-0                 Passed Senate 40-0

Requires the Department of Corrections to establish individual inmate trust accounts including sources of inmate income up to $1,000 payable upon parole or discharge.

HB 2063 (Bell, R.B. — Albemarle)               Passed House 99-0                 Passed Senate 40-0

Expands the scope of protective orders available to citizens of the Commonwealth to address the issues of dating violence and stalking.

HB 1449 (Crockett-Stark — Wythe)             Passed House 99-0                 Killed by Senate Committee

Updates the evolving list of substances, used to manufacture methamphetamines, whose possession coupled with intent to manufacture are punishable as a Class 6 Felony.

Government Reform & Savings

HB 2076 (Landes — Augusta)                       Passed House 96-2                 Passed Senate 40-0

Establishes the Office of the Inspector General, which will investigate allegations of fraud, waste, abuse and corruption by state and non-state agencies and officers.

HB 2435 (Habeeb — Salem)                          Passed House 97-0                 Passed Senate 40-0 Requires the Virginia Department of Corrections to eliminate an outdated mandate requiring correctional facilities to make duplicate reports to the Department of Corrections and Compensation Board.

HB 2376 (Habeeb — Salem)                          Passed House 98-0                 Passed Senate 40-0

Requires the Department of Social Services to eliminate an unnecessary mandat related to office space requirements.

HJ 542 (LeMunyon — Fairfax)                      Passed House 59-34               Killed by Senate Committee

Calls for an Article V Constitutional Convention to ratify the Repeal Amendment, a measure which would strengthen federalism by allowing a majority of states, acting in tandem, to repeal federal laws and regulations.

HJ 852 (Cline — Rockbridge)                        Passed House 68-26               Killed by Senate Committee

Encourages the United States Congress to adopt legislation requiring a balanced federal budget and to call a convention to amend the U.S. Constitution to require a balanced federal budget.

HB 1457 (Marshall, R.G. — Prince William) Passed House 95-3                 Passed Senate 40-0

Increases the civil penalties imposed for intentional violations of Virginia’s Freedom of Information Act.

HB 2095 (Jones — Suffolk)                           Passed House 85-14               Passed Senate 34-6

Provides for the loss of benefits provided through the Virginia Retirement (VRS) System for any individual convicted of a felony arising out of misconduct in any position covered by VRS retirement programs.

Transportation

HB 2527 (Howell, W.J. — Stafford)             Passed House 65-33               Passed Senate 32-7

• Creates the Transportation Infrastructure Bank, for use by public and private entities pursuing transportation projects across the Commonwealth
• Enhances VDOT’s popular revenue sharing program to incentivize localities to provide matching funds for transportation priorities
• Accelerates previously authorized debt to take advantage of low interest rates and a competitive bidding climate

HB 2051 (Carrico — Grayson)                       Passed House 94-4                 Passed Senate 40-0

Establishes procedures for enforcement and the issuance of citations for certain large vehicles violating size and weight limits on Virginia’s roadways.

HB 1993 (Janis — Henrico)                           Passed House 67-31               Killed by Senate Committee

Gives discretion to law enforcement officers to charge individuals running red lights with either the underlying infraction or reckless driving based on the surrounding circumstances.

HB 1432 (Greason — Loudoun)                    Passed House 90-8                 Passed Senate 26-14

Extends for one year access to High Occupancy Vehicle (HOV) lanes for clean fuel vehicles, regardless of the number of occupants

HB 1692 (Stolle — Virginia Beach)               Passed House 99-0                 Passed Senate 40-0

Permits Virginia Beach to set variable speed limits on highways within its jurisdiction to account for various conditions that impact road safety.

HB 1558 (Scott, E.T. — Madison)                 Passed House 99-0                 Passed Senate 40-0

Prohibits certain overweight farm and agricultural machinery from operating on the Interstate Highway System.

HB 2508 (Morgan — Gloucester)                  Passed House 99-0                 Passed Senate 40-0

Adds wharfs, piers and docks to the list of landings controlled, for purposes of legal control or transfer, by the Commonwealth Transportation Board.

HB 1947 (Cox, J.A. — Hanover)                   Passed House 90-7                 Passed Senate 34-6

Removes certain requirements related to notice of intent to enter onto a landowner’s property.

Veterans & Military

HB 1862 (Cosgrove — Chesapeake)              Passed House 98-0                 Passed Senate 40-0

Extends the licenses, certifications and other identification documents of spouses accompanying a member of the military abroad.

HB 1645 (O'Bannon — Henrico)                   Passed House 99-0                 Passed Senate 40-0

Codifies the constitutional amendment adopted by voters providing a real property tax exemption for the primary residence of veterans who have a 100 percent, service-related disability.

HB 1861 (Anderson — Prince William)         Passed Houe 97-0                   Passed Senate 40-0

Waives the one-year residency requirement for veterans attending institutions of higher learning in Virginia, allowing veterans to immediately qualify for in-state tuition.

HB 1761 (Cox, M.K. — Colonial Heights)    Passed House 99-0                 Passed Senate 40-0

Provides supplemental coverage for members of the armed services through Virginia’s cafeteria plan for retirees and dependents eligible for TRICARE supplemental benefits.

HB 1557 (Cox, M.K. — Colonial Heights)    Passed House 98-0                 Passed Senate 40-0

Requires the Department of Veterans Services maintain a certain ratio of staff to veterans in the Commonwealth.

HB 1774 (Sherwood — Frederick)                Passed House 98-0                 Passed Senate 40-0

Authorizes the Governor to allocate funds for the Virginia National Guard and State Defense Force for purposes of preparedness in the absence of an official state of emergency.

HB 1535 (Merricks — Pittsylvania)               Passed House 94-0                 Passed Senate 40-0

Provides that the Boards of Medicine and Nursing may accept relevant medical experience towards certain civilian, medical certifications.

HB 1848 (Stolle — Virginia Beach)               Passed House 98-0                 Passed Senate 40-0

Provides that an established Virginia domicile, and attendant in-state tuition, of an active duty military spouse is not affected by the maintenance of a second residence, due to military service, outside the jurisdiction.

HB 1697 (Athey — Warren)                          Passed House 99-0                 Passed Senate 40-0

Exempts all Department of Veterans Services facilities from requirements related to certificates of public need.

Federalism

HB 1438 (Cole — Spotsylvania)                    Passed House 65-33               Killed by Senate Committee

Asserts Virginia's authority under the 10th amendment to be free from federal regulation of goods manufactured in, sold in, and consumed in Virginia

HJ 542 (LeMunyon — Fairfax)                      Passed House 59-34               Killed by Senate Committee

Calls for an Article V Constitutional Convention to ratify the Repeal Amendment, a measure which would strengthen federalism by allowing a majority of states, acting in tandem, to repeal federal laws and regulations.

HJ 577 (O’Bannon — Henrico)                      Passed House 63-33               Killed by Senate Committee

Urges the U.S. Congress to limit the FCC’s authority over regulation of the Internet.

HJ 578 (O’Bannon — Henrico)                      Passed House 63-33               Killed by Senate Committee

Urges the U.S. Congress to recognize the separation of powers enshrined in the U.S. Constutiton and encourages Congress to refrain from expanding the rulemaking authority of the FTC.

HB 1397 (Marshall, R.G. — Prince William) Passed House 68-30               Killed by Senate Committee

Exempts qualified residential and manufactured buildings in Virginiafrom requirements stemming from federal energy efficiency standards, provided that such buildings meet certain standards articulated in the Statewide Uniform Building Code.

Other Improvements to Virginia’s Quality of Life

HB 1621 (Knight — Virginia Beach)             Passed House 97-0                 Passed Senate 40-0

Expands the defintion of open-space land to include agricultural and forestal production areas.

HB 1954 (Villanueva — Virginia Beach)       Passed House 98-0                 Killed by Senate Committee

Clarifies that educational, artistic and theatrical exemptions to obscenity laws do not extend to child pornography and other offenses involving children.

HB 2372 (Edmunds — Halifax)                    Passed House 97-0                 Passed Senate 40-0

Allows certain state vehicles performing environmental functions to be equipped with flashing amber warning lights.

HB 2425 (Ingram — Hopewell)                     Passed House 99-0                 Passed Senate 40-0

Gives property owners notice and the opportunity to pay a tenant’s unpaid water or sewer fees before shut off.

HB 1712 (Wright — Lunenberg)                   Passed House 98-0                 Passed Senate 40-0

Clarifies that those fishing in interjurisdictional inland waters are subject to the laws of the jurisdiction in which he is fishing.

HB 1928 (Marshall, D.W. — Danville)          Passed House 95-4                 Passed Senate 39-0

Amends the process for independent external review of health carrier’s adverse decisions regarding the scope of health benefits offered to an individual.

HB 1929 (Marshall, D.W.  — Danville)         Passed House 99-0                 Passed Senate 40-0

Provides that during the public procurement process, if an out of state entity is the lowest responsive bidder, and a resident of a state that permits in state price matching preferences, Virginia will allow in state businesses a second chance to match or beat the out of state bid.

HB 1440 (Marshall, R.G. — Prince William) Passed House 62-36               Killed by Senate Committee

Recognizes that unborn children, from conception onward, enjoy the rights and privileges of any other citizen in the Commonwealth.

HB 2024 (May — Loudoun)                          Passed House 99-0                 Passed Senate 39-0

Requires applications to the State Corporation Commission for large electrical transmission lines must include a description of efforts to minimize environmental, historic and other adverse effects.

HB 1718 (Merricks — Pittsylvania)               Passed House 99-0                 Killed by Senate Committee

Updates sections of the Uniform Commercial Code addressing negotiable instruments, bank deposits and collections to reflect new case law and technological advances.

HB 2519 (Morefield — Tazewell)                  Passed House 96-3                 Passed Senate 40-0

Clarifies that when an agency has an opportunity to comment on a Virginia Water Protection Permit and fails to do so within 45 days, the permit will be deemed approved without further possibility of comment.

HB 2251 (Nutter — Montgomery)                 Passed House 95-2                 Passed Senate 40-0

Provides that when electronic pollbooks fail and no other options are available, elections officers shall maintain a written list of those voting and provide provisional ballots.

HB 1608 (Orrock — Caroline)                       Passed House 94-0                 Passed Senate 40-0

Establishes the Temporary Assistance for Needy Families Fund and designates the Department of Social Services as the state agency responsible for state efforts relating to public agencies and charitable groups assisting low-income families.

HB 2471 (Poindexter — Franklin)                 Passed House 98-0                 Passed Senate 40-0

Updates the Coal Mine Safety Act, bringing it in line with federal and industry standards.

HB 1874 (Purkey — Virginia Beach)             Passed House 99-0                 Passed Senate 38-0

Brings Virginia’s tax code into greater conformity with federal tax code.

NOTE:  The above list of over 100 bills and resolutions is not intended to be a complete record of all legislation sponsored and passed by the 60-member strong House Republican Majority in the 2011Regular Session.  The short summaries above are provided only for convenience and are not meant to be a complete description of the highlighted legislation.  For more details about a bill or resolution, contact the delegate who patroned the measure or click on the number, which links to the General Assembly’s Legislative Information Service (LIS).  LIS provides the entire legislative history and actual text of all bills and resolutions, amendments and conference reports, as passed by both the Virginia House of Delegates and the Senate of Virginia.

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Del. Barbara Comstock (R-McLean) and other GOP leaders will host a "Hands Off My Healthcare Rally" in opposition to the National Health Care Bill, from 8:30 am to 11 am. Check out Delegate Comstock's blog post for details.

Delegate Comstock led the effort of 55 members of the House Republican Caucus sending a letter to the Virginia Congressional Delegation asking them to vote no on the National Health Care Bill.

“As Virginians struggle in today’s economy, state government must address their needs without burdening them with additional job-killing taxes and burdensome requirements,” said Speaker Howell.  “Since the House of Delegate’s defeated Governor Kaine’s $1 billion per year statewide income tax plan by a unanimous and bipartisan vote of 97-0 at the beginning of this Session, House Republicans have aggressively pursued fiscally responsible legislation to create jobs and opportunities for Virginians, reform government to deliver services more efficiently and transparently and address other challenges.  I’m delighted that our strong Majority Caucus has produced real results with the support of Democrats and Independents which has enabled us to achieve House passage of scores of positive reforms.”

“Offering practical solutions to Virginia’s challenges is a hallmark of House Republican leadership in the General Assembly,” said Chairman Nixon.  “With our citizens and Commonwealth confronting the most difficult economic environment in decades, it is essential to build and expand upon our many accomplishments.  The overwhelming bipartisan support for many items on our agenda underscores the ability of Republicans to govern effectively and respond appropriately to the concerns of Virginians.”

Full Press Release, Including List of Bills

In addition to the impact of adopting so-called Health Care Reform on the Federal budget deficit, Howell and Putney detail the impact on Virginia's budget. Fearing that the Democrats in Congress will try to hide the true costs of this ill-considered Pelosi-Reid health care scheme, Howell and Putney did extensive research to document the costs that would have to be born by Virginia (which is to say Virginia taxpayers).

Howell and Putney close by noting that 54 percent of Virginians oppose the Health Care bill. They also recite the common-sense proposals for real reform that have been left out of this ill-considered legislation--medical malpractice reform, association health plans, and expanded health savings accounts.

Setting the Record Straight on MR Waivers

In a recent e-mail response to a question to the Governor about MR waivers, the Secretary of Health & Human Resources, Marilyn Tavenner wrote, “…Fortunately, the federal stimulus package enabled the Senate Finance Committee to restore funding to the Medicaid waiver program and prevent any caps on services or changes in waiver eligibility or enrollment procedures.  The stimulus package provisions also enabled Virginia to restore funding for 200 new MR waiver slots and maintain Medicaid reimbursement for durable medical equipment...

Unfortunately, the Secretary failed to mention the efforts of the House of Delegates with regards to MR waivers in this biennial budget. In 2008, it was the House that included 400 additional MR waivers in each year of its biennial budget proposal. The Senate proposed zero additional MR waivers. During the budget conference process, the House eventually compromised and settled for 600 MR waivers in FY 2009 with a promise to try and do more for FY 2010 during the 2009 General Assembly session.

Because of the economic downturn, Governor Kaine was forced to make numerous difficult decisions in his budget amendment proposal that was released on December 17, 2008. One decision was to reduce the number of MR waivers for FY 2009 from 600 to 400.

This was one of the budget actions opposed by the House. In its budget proposal which was released on February 8, 2009, before any additional federal funding was available, the House budget restored the 200 MR waivers reduced by the Governor by funding them effective July 1, 2009 and funded 200 additional MR waivers to be available on January 1, 2010. This ensured 400 MR waivers for FY 2010.

Once the federal funding became available, the Senate finally passed its budget, over a week late, and restored the 200 MR waivers eliminated by the Governor. This was a necessary action for them to take because without doing it they would not be able to include the federal money in their budget proposal. They did not, however, provide any additional MR waivers for FY 2010.

During the 2009 budget conference process, it was the House conferees that insisted on increasing the number of MR waivers for FY 2010. Since the 200 waivers had to be restored to FY 2009 to maintain the 600 waivers approved in 2008, the House conferees insisted on the 200 MR waivers to be available on January 1, 2010. After much negotiation, the Senate agreed to the House position. This ensured 800 MR waivers for the biennium.

According to Delegate Phillip Hamilton (R-Newport News), “It has been the Republican-led House of Delegates that has demonstrated, through their actions to fund additional MR waivers with state general fund dollars, a serious commitment to the intellectually disabled citizens of Virginia. The Governor reduced the number of MR waivers in his budget proposal and the Senate did not provide any additional MR waivers even after they included federal funding in their budget proposal. Clearly, actions speak louder than words.”

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Today, in a cynical display of political posturing and partisanship that exploits the tragic situation of Virginians with autism spectrum disorder, the following House Democrats voted against a measure that would have provided tangible financial assistance to children with autism spectrum disorder, allowing them to obtain the special educational services they need:

Amundson
BaCote
Bouchard
Bowling
Brink
Bulova
Caputo
Ebbin
Eisenberg
Englin
Herring
Marsden
Mathieson
Morrissey
Nichols
Phillips
Plum
Shannon
Shuler
Tyler
Vanderhye
Watts

In a display of hypocrisy and blatant partisan posturing, these Democrats voted against House Bill 2104 without offering any justification for their opposition.  HB 2104 establishes a tuition assistance grant program that would allow the parents of students with autism to pursue individualized educational programs that best meet the needs of their child.  HB 2104 was moved further towards final passage in a bipartisan vote of 58 to 33.

The partisan motive of their no vote on HB 2104 is made patently obvious given their vote earlier in the day in favor of an extraordinary procedural maneuver on a related matter that failed by a bipartisan vote of 63-32.

When these Democrats had the chance to actually help Virginia’s children with developmental disabilities, they cynically voted NO, further clarifying their motive to exploit this important and sensitive issue, and the parents and children who are seeking real help, for purely political purposes.

Please contact these Democrats and tell them to stop playing political games with the lives and hopes of Virginians with autism.

· Improves the critical safety net for Virginia’s most vulnerable citizens;

· Builds upon previous efforts to reform Virginia’s mental health laws for mandatory outpatient treatment when using this option for children and adolescents; and

· Empowers those with mental illness and their families to obtain the best care possible in a crisis

In the wake of the Virginia Tech tragedy, House Republicans led a bipartisan effort in the 2008 Session of the General Assembly to pass fundamental mental health reforms.  Last year, House Republicans also succeeded in having 600 Mental Retardation (MR) Waiver Slots incorporated into the 2008-2010 biennial state budget.  Governor Kaine has proposed cutting 200 of those MR Waiver Slots in his proposed budget amendments this year.

“Last year, House Republicans committed to advancing a long-term approach to reforming the delivery and oversight of mental health care in Virginia,” noted Speaker Howell.  “The responsible initiatives we are offering today are a logical continuation of that commitment to help those in need.  Virginians understand that, even in tough financial times, we cannot afford to neglect our citizens who often do not have a voice.  House Republicans remain determined to do everything we can to address the urgent waiting list for our community-based waiver program and ensure Virginia’s children and adults with mental illness receive proper treatment.”

As the House Appropriations Committee continues to examine proposed amendments to the biennial budget, key leaders on the budget-writing committee have expressed a desire to work to reinstate the 200 MR waiver slots Governor Kaine proposed cutting from the budget.  In addition, by redefining funding priorities, House leaders hope to be able to increase the number of MR waivers available in FY 2010.  The MR waiver program is a home and community-based program that funds services to help individuals with intellectual disabilities remain in the community and avoid institutional care.  House Bill 1852, patroned by Delegate Cox, requires the Governor to develop a plan to eliminate the urgent care waiting list for MR waivers and the waiting list for Developmental Disabilities waivers by the 2018-2020 biennium.  The Health and Human Resources Subcommittee of the House Appropriations Committee recommended reporting the substitute version of the bill on February 2.

“Virginia cannot fall further behind in keeping pace with the growing mental health needs of our citizens,” said Delegate Cox, a budget conferee.  “Setting out an aggressive goal of eliminating the urgent care waiting list for these valuable mental health services is an important step to improving our services to citizens with intellectual disabilities.  Despite our current economic situation, House Republicans know that we cannot afford to fall behind in reducing our urgent care waiting list and will keep working to fix this problem.”

Delegate Hamilton is patroning House Bill 2061 that reforms the process for placing juveniles in outpatient mental health treatment services and monitoring those cases.  The bill would allow minors hospitalized, while properly detained by the courts, to enter mandatory outpatient treatment if less restrictive alternatives to involuntary inpatient treatment are deemed appropriate.  The process established in this legislation, as well as clarifying changes included in Delegate Hamilton’s House Bill 2060, complements the mental health reforms enacted by the General Assembly in the 2008 session.

“As Virginia continues to grapple with how to better serve those with mental illness, House Republicans understand that policy changes are needed to facilitate better access to critical services in an environment that does not stigmatize those needing assistance,” noted Delegate Hamilton, Chairman of the House Health, Welfare and Institutions Committee and a budget conferee.  “The changes we are proposing today furthers the progress that state lawmakers and the Governor accomplished in a bipartisan manner last year.”

House Bill 2396, patroned by Delegate Bell, would allow a person with mental illness to prepare directives to guide one’s care if the person was later incapable of proving such guidance.  Allowing the mentally ill to identify preferred medications, facilities and to name an agent to make future decisions for themselves addresses the “Ulysses Question,” where an individual directs that a certain medication be given to him even if he subsequently protests.  The bill provides exceptions where the advance directive would require care decisions that are themselves life-threatening.

“This bill is a way to empower the mentally ill to help their doctors determine how to best provide care,” remarked Delegate Bell, Chairman of the Mental Health Subcommittee of the House Courts of Justice Committee.  “If someone is capable of making informed decisions about his care, we certainly want to have that input.  This continues the most fundamental mental health reforms in the last 35 years we passed last year as a result of the Virginia Tech tragedy.”

Delegate O’Bannon is patroning a series of bills – House Bill 2459, House Bill 2460, and House Bill 2461 – that would provide practical solutions to many of the issues raised in the wake of the comprehensive mental health reforms enacted last year.  The bills would allow for a consumer at a mental health facility to choose someone to be notified of his care and location, provide safe transportation for a person under an emergency custody order, and ensure a family member is notified when a person is involved in a commitment process.

“We need to be ever mindful of the concerns of the people impacted directly by emergency mental health care services,” observed Delegate O’Bannon, the only practicing physician in the House of Delegates.  “These bills make important changes in order to address those concerns by strengthening protections and facilitating communications with the patient and their family.  As Virginia continues to take a comprehensive approach to improving our mental health system, House Republicans will seek to keep the best interests of our mentally ill citizens at the forefront.”

Official Release

Speaker Bill Howell (R-28) was joined by Delegate Sam Nixon (R-27), Delegate Phil Hamilton (R-93) and Delegate Danny Marshall (R-14) to talk about legislation that has been introduced in the 2009 General Assembly session to make health care more accessible.    Also joining the members of caucus was Julia Hammond, State Director of the NFIB.   

Delegate Hamilton spoke about House Bill 1598 which changes the criteria to be considered by the Commissioner of Health when reviewing Certificate of Public Need (COPN) applications by owners and sponsors of identified medical care facility projects.

“The COPN bill represents significant legislative reform to what has been a controversial health care topic over the past 20 years,” commented Delegate Hamilton, Chairman of the House Health, Welfare & Institutions Committee.  “Through the cooperative and collaborative work of the Administration, the Committee and the healthcare provider network, consensus on a framework for addressing the COPN issue has at long last been developed.”

Delegate Marshall spoke about House Bill 2024, which would give businesses with 50 or fewer employees the ability to offer their workers health insurance coverage that does not include some or all of the costly mandates currently required, allowing consumers to tailor a plan that bests fits their needs and pocketbooks.

“Small businesses desperately want to be able to offer health insurance to their workers, but cannot afford the increasing costs in the current economic climate,” noted Delegate Danny Marshall, a member of the House Commerce and Labor Committee.  “My legislation will make it easier for employees to receive access to needed health care.  With over 1 million uninsured Virginians, this practical solution would help bring coverage to many families at an affordable cost to their small business employers.”

Delegate Nixon spoke about his legislation that would direct the Informatin Technology Investment Board to develop software for health-care technology.  

“Bringing best practices to health information technology systems improves the delivery of care, reduces costs and cuts down on unnecessary errors that can cost lives,” said Delegate Nixon, Vice-Chairman of the House Health, Welfare and Institutions Committee and a member of the House Science & Technology Committee.  “Reaching out and working across party lines and with the Administration, especially the Secretary of Technology, House Republicans are committed to developing practical solutions to bring quality health care to Virginians.”

 Julia Hammond from the NFIB was able to provide real world need for these measures to provide more access to health care to small businesses throughout Virginia.

Health insurance costs have risen 129% since 1999, and 84% since 2001, according to the National Federation of Independent Business (NFIB).  These huge cost increases have forced small business owners to terminate their health plans while preventing others from instituting any in the first place.  These dramatic increases, in part, can be attributed to mandated benefits requirements, which increase the cost of health insurance by as much as 45% in some markets.  Delegate Danny Marshall’s legislation, House Bill 2024, would give businesses with 50 or fewer employees the ability to offer their workers health insurance coverage that does not include some or all of the costly mandates currently required, allowing consumers to tailor a plan that bests fits their needs and pocketbooks.

Official press release

January 30 - Richmond Times Dispatch Editorial on Republican Health Care Initiatives