By Kal Weinstein
Capital News Service

RICHMOND — Despite a 24-hour vigil by advocates of the Equal Rights Amendment, House Republicans refused to allow a vote on ratifying the measure Thursday — officially killing the ERA for the year.

The defeat comes to the dismay of many who thought Virginia would be the 38th state to ratify the amendment, potentially adding it to the U.S. Constitution. Experts disagree whether the ERA can be ratified because the deadline to do so has passed.

More than two dozen advocates spent Wednesday night enduring freezing temperatures outside the Capitol building for an “equality vigil” organized by VAratifyERA. Throughout the event, which was live-streamed, supporters read letters from ERA allies and encouraged those watching from home to call their delegates.

Many Democratic leaders attended the vigil, including U.S. Rep. Abigail Spanberger, who represents the state’s 7th Congressional District; Del. Kelly Convirs-Fowler of Virginia Beach; and Richmond Mayor Levar Stoney. Del. Danica Roem, D-Prince William, showed up with pizza for participants.

“My mother, who does support the ERA, would be very disappointed if I didn’t bring you all food!” Roem said.

With bipartisan support, the Virginia Senate passed a resolution in January to ratify the ERA. However, the proposal died in the House Committee on Privileges and Elections — and so it could not be considered by the full House of Delegates.

On Thursday, House Democrats attempted to introduce a rules change that would have allowed a simple majority vote to bring the ERA to the floor. The rules change failed on a 50-50 vote along party lines. One Republican — Del. David Yancey of Newport News — joined the 49 Democrats in voting for the rules change; all other Republicans voted against it.

Afterward, Del. Hala Ayala, D-Prince William, apologized to constituents.

“As elected officials, we have a moral obligation to listen to our constituents and let their voices be heard,” she said. “I am deeply sorry that did not happen.”

The ERA states that “Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.”

Supporters say the amendment would be a move toward equal rights for women and men. But others argue there could be unintended consequences, such as co-ed prisons or women being drafted into the military — claims that ERA supporters dispute.

With the ERA now effectively dead for the year, Democrats are turning their attention to the fall, when all 140 seats in the Virginia General Assembly are up for election. The House Democratic Caucus released a statement announcing the defeat but also urging supporters to be optimistic.

“2019 is an election year here in Virginia,” the statement said. “This time next year, when the Democrats do have the majority, we will ratify the Equal Rights Amendment.”

RICHMOND — A Democratic bill to repeal a Jim Crow era-law that legalized wage discrimination against many African-Americans is headed to the governor’s desk after being approved by the House of Delegates.

The bill, SB 1079 , rescinds the law that allows employers to pay less than minimum wage to “newsboys, shoe-shine boys, ushers, doormen, concession attendants, and theater cashiers” — jobs to which many African-Americans were relegated decades ago.

The bill’s sponsor, Sen. Lionell Spruill, D-Chesapeake, said the exemptions were rooted in Virginia’s history of discrimination against African-Americans.

“It’s clear that this law was put into place to keep African-American Virginians from advancing,” Spruill said. “Hardworking Virginians deserve wage protections, regardless of the job that they do. I am
proud to champion this long overdue legislation and to witness its bipartisan passage in the General Assembly.”

Spruill’s bill also eliminates the minimum wage exemption for babysitters if they work more than 10 hours per week.

The measure passed the Senate, 37-3, on Jan. 18. Last Wednesday, the House voted 18-14 in favor of a modified version of the bill.

And on Friday, the Senate unanimously approved that version and sent it to Gov. Ralph Northam to be signed into law.

In 2018, Del. Paul Krizek, D-Alexandria, carried a bill with the same intent, and it died in committee. Krizek said the minimum-wage exemptions were “obviously aimed at African Americans who were in these service jobs because those were the jobs they could get at the time.”

By Jayla Marie McNeill
Capital News Service

RICHMOND — Virginia has joined a coalition of 15 other states to challenge President Donald Trump’s declaration of a national emergency and to block the diversion of congressional funding to build a wall along the U.S. border with Mexico, according to a lawsuit filed Monday.

“Concocting a fake emergency to build a needless wall goes against the Constitution and the values America was built on,” Virginia Attorney General Mark Herring said in a statement. “President Trump’s ill-advised plan could divert critical funds from actual national security priorities, including military construction projects at bases and facilities throughout Virginia. We must stand up to this administration when it violates the law and attacks our values.”

According to Herring’s statement, the complaint was filed to block Trump’s “fabricated” national emergency declaration and the “unconstitutional” diversion of appropriated federal funding to pay for the construction of the border wall.

On Friday, Trump said he would declare a national emergency in order to bypass Congress to fund the construction of a wall along the southern border. The White House released a statement stating that the president has “clear authority” to declare a national emergency and that Trump is taking “necessary steps” to “ensure we stop the national security and humanitarian crisis at our Southern Border.”

“We fight wars that are 6,000 miles away, wars that we should have never been in in many cases, but we don’t control our own border,” Trump said in his speech Friday at the White House. “So we are going to confront the national-security crisis on our southern border. And we are going to do it one way or the other.”

The administration estimated that the national emergency declaration will make over $8 billion in taxpayer funds available to build the border wall. Other states participating in the lawsuit includes Hawaii, Colorado, Connecticut, New Jersey, Delaware, Michigan, Minnesota Illinois,
Maine, Maryland, Nevada, New Mexico, New York and California.

The states contend that Trump’s emergency declaration is only a means to justify using federal funding to pay for his border wall.

“The states allege that the Trump Administration’s action exceeds the power of the executive office, violates the U.S. Constitution and federal statutes, and would illegally and unconstitutionally divert federal funds appropriated by Congress for other purposes,” Herring’s statement said.

“The suit seeks declaratory and injunctive relief to block the emergency declaration, the construction of the wall, and any illegal diversion of congressionally-appropriated funds.”

According to the attorney general’s statement, Virginia could potentially lose over $130 million in military construction funding — money that is currently allocated for projects at Dam Neck, Fort A.P. Hill, Fort Belvoir, Humphreys Engineer Center, Joint Base Langley-Eustis, and the Pentagon.

Trump said that he expected his contentious national emergency declaration to prompt lawsuits. He remains confident, however, that his decision will be upheld by the Supreme Court, similar to the way his 2017 travel ban was upheld by the court in a 5-4 decision.

“We will have a national emergency and we will then be sued,” Trump said. “Hopefully we will get a fair shake and win in the Supreme Court just like the ban.”

By Georgia Geen
Capital News Service

RICHMOND — Raising concerns from immigrant advocacy groups, two bills that would increase cooperation between local law enforcement and federal immigration authorities are advancing through the Virginia General Assembly.

HB 2270, sponsored by Republican Del. Charles Poindexter of Franklin County, would require local law enforcement officials to notify U.S. Immigration and Customs Enforcement of the release date of an immigrant “alien,” or noncitizen, as soon as it is known. The bill cleared the Senate Courts of Justice Committee on Wednesday after being passed by the House last week.

Poindexter said at a Feb. 1 committee hearing that ICE does not “normally pick up illegal aliens when they’re released,” but he thinks federal authorities should be notified and able to detain individuals based on the agency’s risk assessment model.

Leonina Arismendi, a member of ICE out of RVA, an advocacy group for immigrants, opposes the bill. Arismendi said ICE “tries to get who they can and see what can stick in terms of charges to do removal proceedings.”

The bill would apply to any noncitizen, including permanent residents, people who are seeking or have received asylum, people with work permits and people who do not have documents allowing them to live in the U.S.

Arismendi’s sister, who is in the process of becoming a U.S. citizen, was arrested in Fredericksburg last year. ICE requested the Rappahannock Regional Jail hold her for an additional period of time, Arismendi said, but she was eventually released.

Arismendi said bills that require collaboration between ICE and local law enforcement erode trust between police and immigrants. As a result of HB 2270, Arismendi said, some immigrants might not feel comfortable reporting crimes like sexual assault or domestic violence to the police.

“They’re afraid that if they go to the police and they’re asked, ‘Do you have a Social Security number?’ or something like that, they could be detained and ICE could come,” Arismendi said. “The fear is already there; this is just going to solidify that fear.”

Ira Mehlman, media director of the Federation for American Immigration Reform, said requiring localities to notify ICE of a noncitizen’s release date is the same as cooperation with other law enforcement agencies.

“They have an obligation to inform ICE, just as if, say, the New York Police Department was looking for somebody,” Mehlman said. “They would, as a matter of courtesy, as a matter of routine, pick up the phone and say, ‘This guy’s getting out on Tuesday.’”

Arismendi believes HB 2270 will pass the Senate but is uncertain what will happen when the legislation arrives at the governor’s desk.

In the past, Arismendi said, ICE out of RVA has communicated with Gov. Ralph Northam on immigration issues. But it seems “like he’s hiding from the [minority] community at large” since the publication of a racist photo from Northam’s page in his 1984 medical school yearbook, Arismendi said.

Last year, Northam vetoed a bill that would have banned “sanctuary cities,” generally a term referring to localities that do not cooperate with ICE.

SB 1156, introduced by Sen. Richard Black, R-Loudoun, would prohibit the establishment of any sanctuary policies. The measure cleared the House Cities, Counties and Towns Committee on a 12-9 vote Friday morning.

At a January committee hearing, Black said the bill would not mandate any “affirmative” collaboration with ICE.

“However, what it does do is it prohibits them from affirmatively acting to impede the enforcement of federal immigration laws,” Black said. “Throughout law enforcement, there is sort of a customary interaction on all levels.”

Last year, ICE cited Chesterfield and Arlington counties as having policies that limit local law enforcement’s involvement with the agency. Arismendi said Republicans who back the legislation are contradicting their traditional support for the independence of local governments.

“Especially in the past couple of years, [ICE detention has] just revved up to the point that folks are even afraid of taking their kids to school,” Arismendi said, “or showing up to school to pick up their children because they don’t have the proper identification.”

PRINCE WILLIAM COUNTY — (Press Release) Loudoun County Supervisor Geary Higgins is announcing his candidacy for Virginia’s 13th Senate Seat, being vacated by Senator Dick Black.

“Almost every important issue facing residents in Loudoun and Prince William Counties deals with quality of life – high quality schools, less traffic, low crime, low taxes and protection of our liberties,” said Higgins.

“As an eight-year Supervisor, Chair of the Transportation and Land Use Committee and previous Co-Chair of the Joint School Board – Board of Supervisors Committee, I have the experience and track record of making government work for our residents not against them. I am running to take my experience and leadership to Richmond on behalf of the residents in Loudoun and Prince William Counties.”

“I give Geary Higgins my strongest endorsement for the 13th Senate District,” said Senator Dick Black. “Geary Higgins has demonstrated his commitment to defending the unborn and protecting the Second Amendment.  He is a conservative statesman who will lead the Republicans to victory in November.”

“Geary Higgins has the governmental experience as a Supervisor and the private experience in resolving disputes for business organizations to prudently serve the citizens of the 13th Senate District,” Bob Marshall, former Prince William delegate for the 13th House District, said. “Geary is clear and candid. He knows that rights come from our Creator, and the first of these is the right to life for the innocent, from conception to natural death.”

“Our budget process is one of the most important issues we deal with on the Board,” according to Higgins. “I am proud to say, that since my election in 2011, I have been able to work with my Republican colleagues to reduce the tax rate on residents by $0.20 (cents).  Just last year our Board lowered the tax rate by four cents and was still able to increase school funding by 6.6%.  I am anxious to take this experience to Richmond on behalf of Loudoun and Prince William residents.”

Geary M. Higgins was elected to represent the Catoctin District in the Board of Supervisors in November 2011 and re-elected in 2015. Higgins serves as Chair of the Board’s Transportation and Land Use Committee and is a member of the Joint Board of Supervisors/School Board Committee, having previously served as co-chair of that committee.

A graduate of Clarion University in Clarion, Pennsylvania, he received a Business Administration degree, with a double major in management and marketing. He attended college on an athletic scholarship for wrestling. He is the Vice President of Labor Relations for NECA, Inc. in Bethesda, Maryland.

He was born in Baltimore and grew up in Montgomery County, Maryland. He and his wife Gail moved to Loudoun County in 1977 and live in Waterford. They attend church at the Cornerstone Chapel in Leesburg and have three daughters who graduated from Loudoun Valley High School – Melissa, Megan, and Molly. They have four grandsons:  Noah, Nathan, Marshall and Michael.

By Ben Burstein
Capital News Service

RICHMOND — Legislation to protect Virginia students who use cannabidiol oil is still making its way through the House after being unanimously passed by the Senate.

SB 1632, sponsored by Sen. Glen Sturtevant, R-Richmond, requires local school boards to implement policies that keep students from being suspended or expelled if they have “valid written certification” to use CBD and THC-A oil. While both oils are derived from the cannabis plant, neither have an intoxicating effect on those who use it to manage pain and other ailments.

Parents are required to provide written consent, along with details on the reason for use from the practitioner who issued the certificate and pharmaceutical processor that issued the oil. Schools must also be notified of the authorized dosage amount, and when and how it needs to be administered.

CBD and THC-A oils have grown in popularity in recent years with many using them to  treat chronic pain, anxiety, attention disorders and seizures.

In Virginia, doctors and nurse practitioners can prescribe cannabis-based products. The Board of Pharmacy gave approval to pharmaceutical companies to open five dispensaries across the state to sell CBD and THC-A oils to authorized patients. Last week, legislators killed a House bill to double the number of medical cannabis dispensaries.

Stephanie Anderson, whose son takes ADHD medication, said she is looking into how CBD oil might help him. She said she would want him to be allowed to use the medication at school if it benefits him.

“If we find CBD to be beneficial, I’d want it to be just as easy for him to take at school as the Adderall,” she said.

Two other bills related to medical cannabis cleared the state legislature Wednesday, both with 98-0 votes.

SB 1557, sponsored by Sen. Siobhan Dunnavant, R-Henrico, expands the amount tetrahydrocannabinol, the principal psychoactive component in cannabis, in a CBD or THC-A dose from five to 10 milligrams. Advocates have said that the increase will serve patients turning to the oil for therapeutic purposes. The bill also requires the Secretary of Health and Human Resources and the Secretary of Agriculture and Forestry to recommend how a state medical marijuana program will be managed.

SB 1719, sponsored by Sen. David Marsden, D-Fairfax, allows patients receiving CBD or THC-A oil to designate a registered agent to pick up on their behalf, and that person cannot be charged with possession of an illegal substance. The bill establishes a limit on how many patients an agent can represent.

By Ben Burstein
Capital News Service

RICHMOND — Over 5,000 child care facilities around the state must start testing their drinking water for lead or use bottled water under a bill approved by the Virginia Senate.

SB 1622, introduced by Sen. Jeremy McPike, D-Prince William, would require licensed child care facilities and other programs that serve preschoolers to implement a plan to test their potable water to ensure lead levels do not exceed 15 parts per billion.

The bill passed the Senate unanimously on Tuesday and has been sent to the House Committee on Health, Welfare and Institutions.

The high priority sources of lead come from drinking fountains and various sinks and faucets, according to the bill.

Older infrastructure has a higher risk of lead contamination due to lead pipes that were used until the 1980s. The bill also outlines the testing and follow-up process, in addition to establishing a method of reporting information to parents and state authorities.

Facilities would be required to test every six months in accordance with state and federal standards. They could opt out by using an alternate water source that meets U.S. Food and Drug Administration standards, such as bottled water. Child care centers are required to notify parents of children if they decide not to perform testing.

Facilities would have to notify the commissioner of the Virginia Department of Social Services and the Department of Health’s Office of Drinking Water if they went that route.

Initial testing results and proof of remediation would be reported to the same departments. According to the bill, once lead is brought under 15 parts per billion, facilities continue to test the water every six months.

More than 5,850 child care facilities statewide could be impacted by the legislation, state officials said. The Virginia Department of Health estimated that each facility has three to 15 water sources to test. The VDH also estimated that 50 percent of facilities would choose not to test and instead use an alternate source, such as bottled water.

Water containing lead can be especially harmful to developing children. High levels of lead in blood or prolonged exposure can affect the nervous system and cause developmental problems and learning disabilities, according to the VDH.

State outreach has cranked up in recent years to help raise awareness about lead in drinking water. The VDH created the “3Ts for Reducing Lead in Drinking Water in Schools and Child Care Facilities” to guide school officials to “train, test, and take action” if lead is detected in the water.

Maribeth Brewster, director of the office of communications for VDH, declined to provide comment on the story, citing the ongoing legislative process.

A bill introduced by McPike was signed into law in 2017, requiring Virginia schools — with special emphasis on schools built before 1986 — to test potable water.

By Adrian Teran-Tapia
Capital News Service

RICHMOND — Virginia’s General Assembly hopes to address rising college tuition costs by offering public universities incentives to cap tuition rates and ensuring that the public can comment on proposed tuition increases.

State budget amendments proposed by the House Appropriations Committee include an additional $45 million in funding for universities that decide not to raise tuition.

Under the proposal, each university that freezes tuition rates for the year would receive a share of the $45 million. Large universities, like Virginia Commonwealth University, George Mason, Virginia Tech and the University of Virginia, would receive $5 million to $6 million in extra funding.

Del. David Reid, D-Loudoun, proposed HB 2476 last month to cap tuition increases for institutions that have raised their tuition more than the state average over the preceding 10 years. His bill was killed Tuesday by the House Appropriations Committee.

Reid, who has been working on college affordability for the past two years, expressed hope rather than disappointment and said the budget proposal is a step in the right direction.

“There are different ways to approach [college affordability], and the members of the Appropriations Committee took a different approach,” Reid said. “It may be that they already had this in the works, but I’m glad that we’ve at least gotten partially a good solution for the students and families of Virginia.”

Reid applauded his colleagues and their efforts toward affordable higher education but said more needs to be done.

“I’m really pleased that we have this one-year solution in place, and it acknowledges that we as a state need to do more to make sure college remains affordable,” Reid said. “However, so long as universities can opt out, this agreement does not go far enough. I’ll continue to seek solutions that work for Virginia families.”

In the Senate, Sen. J. Chapman Petersen, D-Fairfax, also has introduced legislation to help families with the rising cost of college. SB 1118, the “Tuition Transparency Act,” would require universities to inform the public of any proposed increase in undergraduate tuition or mandatory fees and allow for public comment. Petersen’s bill passed the Senate unanimously Tuesday and was referred to the House Committee on Education.

“I’m about transparency. Period,” Petersen said. “Here at the General Assembly, and in towns and cities across Virginia, public officials are required to have public meetings prior to increasing your taxes. Tuition shouldn’t be any different.”