A Lame Duck

In a recent CNN interview, Governor Youngkin embarrassed himself and Virginia when he failed to firmly reject former President Trump's remarks about using the military to combat so-called "radical-left lunatics" on Election Day. Instead of distancing himself from the dangerous rhetoric, Youngkin deflected the question by focusing on border issues. He tried to sidestep the core issue - Trump's suggestion that the National Guard or military should target political opponents like Rep. Adam Schiff. 

Youngkin's inability to directly address this clear attack on democratic norms is deeply troubling. Rather than standing up for the integrity of our electoral process and rejecting the use of military force against American citizens, he covered for Trump’s divisive rhetoric, missing an opportunity to uphold the values of democracy and civil discourse. 

While this year is unquestionably a big election year for the country, next year will be a big one for Virginia as all the House members (including me!) and the three statewide offices (Governor, Lt. Governor, and Attorney General) will be up for election.  

Which also means we’re officially entering lame duck season. But I can’t say I’m sorry to see the light at the end of the long dark tunnel that has been Governor Youngkin’s one term in office. 

Which begs the question – where does the term “lame duck” come from? 

The term first made its debut in 18th-century London, referring to stockbrokers on the London Stock Exchange who defaulted on their debts or failed to meet their financial obligations. These brokers were described as "lame ducks" because, like a lame duck that could not keep up with the flock, they were unable to fulfill their commitments. 

“Lame duck” made its way into American politics in the 19th century, where it began to refer to politicians who were still in office after having lost an election or reached the end of their term but before their successor had taken office. Such politicians were seen as having diminished power or influence because they were no longer accountable to the voters and could not be re-elected. 

With performances like what we saw on CNN, it’s difficult to imagine Youngkin being anything but a lame duck during the upcoming session. He not only suffers from the diminished leverage of an executive nearing the end of his run, but also lacks any of the credibility needed to reach across the aisle to build the trust necessary to work with Democrats who control the House and Senate.  

The 2025 General Assembly Session 

Along with the Governor’s lame duck status and his new reputation as a glib MAGA apologist, opportunities to make major strides forward during the upcoming 2025 Session will also be limited by the session’s duration - a mere 46 days. There are also bill limits in both chambers and there are generally only minor tweaks to the second year of the biennial state budget.  

As you know from previous columns, the General Assembly Session is always fast-paced and jam-packed. We often struggle to finish on time, which is why short sessions are not known for showcasing complicated or overly controversial legislation. What you can mostly expect to see is clean-up legislation and updates to existing laws. 

That said, 2025 is still an election year for everyone in the House, so expect to see some hallmark legislation from both sides that can be touted in campaign mailers – whether they actually pass or not.  

It is unlikely that Youngkin will be able to break his already record-setting 201 vetoes from the 2024 Session, but that doesn’t mean he won’t try to keep his name in the press. I suspect that the Governor will do whatever he can to maintain relevance in the last year of his term.  

This week’s CNN debacle is not the first time Youngkin has fallen short of his commitments to Virginians. Throughout his term, he’s been more focused on bolstering his national profile -campaigning for losing far-right candidates in other states - than addressing the real concerns of our Commonwealth. Youngkin's ambitions seem to have always been elsewhere. 

While he can’t be held directly accountable by voters, since Virginia governors cannot seek consecutive terms, his party can. Next November, Virginians have the power to hold Youngkin’s Republican Party accountable by maintaining the Democratic majority in the House of Delegates and electing Democrats to key statewide offices. Doing so would set the stage for major legislative progress in the 2026 Session, ensuring that Virginia continues to move forward, despite the distractions and diversions of the current leadership.

Boards, Councils and Commissions Season

September is the beginning of several different seasons. It’s football season (as you may remember from my last column, we dropped my son off at Virginia Tech last month, so Go Hokies!), its back-to-school season, in Virginia it’s election season (early Voting starts this week) and in Richmond, it’s “Boards, Councils and Commissions Season” – at least that’s what I’m calling it.  

Virginia has a very short legislative session - 60 days in the even years and an even more concise 45 days in the odd years. As we get ready for the 2025 Session, the pace of commission work picks up in September, October and November.  

I currently serve as Chairman of the Virginia Code Commission as well as a member of the Joint Legislative Audit Review Commission (JLARC), the Virginia Military Advisory Council, the Secure and Resilient Commonwealth Panel (SRCP), the Judicial Conference of Virginia District Courts, the House Select Committee on Maintaining Campus Safety and First Amendment Expression, and the Virginia Tribes Commission. I also Chair the Virginia Freedom of Information Advisory Council (FOIA Council). 

In my time on the FOIA Council, I have come to appreciate the issues surrounding FOIA requests in Virginia. Now that I am the Chair, I am eager to take a closer look at this process.  

What is FOIA? 

The Freedom of Information Act (FOIA) was enacted in 1966, empowering the public to request access to federal agency records, ensuring that citizens, journalists, and watchdog organizations can monitor government activities. FOIA plays a crucial role in upholding democratic values by shedding light on the workings of public institutions, preventing corruption, and fostering informed public debate. By making government actions visible, FOIA strengthens trust between citizens and their representatives, reinforcing the principle that government should serve the people with integrity and openness. 

Virginia FOIA Council 

The Virginia Freedom of Information Advisory Council brings this transparency to the state-level. The Council helps resolve FOIA-related disputes by answering questions from private citizens, public officials, and the media about access to public records and meetings. Under Virginia law, the presumption is that all public officials’ documents and all meetings of state and local public bodies are open to the public. However, there are exceptions, which often lead to good faith disagreements between interested parties. 

The Council has the authority to issue advisory opinions with the intent to resolve disputes by clarifying what the law requires and to guide future practices. That said, it has no authority to mediate disagreements but can serve as a resource, conduct training seminars, and publish educational materials.  

As Chair, I’ve been working on how best to increase transparency in the FOIA process. During our July meeting, I asked Council members to share their concerns and what improvements could be made.  

If increasing public access and government transparency is the goal, how do we best accomplish that while balancing the need to keep some documents confidential? Well, that’s the crux of the issue right there.  

Ripped From the Headlines 

As a case study, let’s look at the recently released policy body camera footage involving Tyreek Hill in Florida. This footage has been in the news and on social media in spite of the fact that the investigation is ongoing and the officers involved are on administrative leave.  

In Virginia, body camera footage may be withheld from the public and the press. It would only have to be released once the case was no longer ongoing pursuant to current law. 

"Ongoing" refers to a case in which the prosecution has not been finally adjudicated, the investigation continues to gather evidence for a possible future criminal case, and such case would be jeopardized by the premature release of evidence.  

Once a case is closed, the list of those individuals who would have a “right” to the footage is short – the victim, the victim’s immediate family if the victim is deceased, the victim’s parent or guardian if they are a minor, and an attorney representing a petitioner in certain legal cases.  

Even under these provisions there are additional procedures such as notification of the victim and allowing the victim the opportunity to file an injunction against release. Other exemptions may still be used to redact records due to the conflict resolution clause in this section of the Code of Virginia. 

Nowhere does it state that the public or the press has a right to access this material whether the case is ongoing or closed.  

While it pains me to say that Florida is doing something better than the Commonwealth, we should be able to at least be able to do as well as them when it comes to transparency.

Back to School

The end of August is back to school time. For Rachel and I, it’s a particularly poignant back to school season as we are about to be empty nesters as we send our youngest off to Virginia Tech in the coming weeks. Seems like only yesterday I was exploiting their youthful cuteness to get constituents to open their doors as I campaigned for office.  

Parents and caregivers of kids of all ages are getting their kids ready for the new school year, buying supplies, picking out the first day outfit, figuring out the new schedules. There is always a mix of excitement and anxiety as we drop our little ones off into the care of their teachers and administrators, whether it’s for a semester or just until later in the afternoon.  

Sadly, a pressing concern for many parents when we drop our children off at school is their safety from gun violence. Schools, which ought to be sanctuaries of learning and growth, are increasingly seen as places fraught with potential danger. 

In response, many schools have implemented a range of security measures, from metal detectors to armed guards. While these steps can offer a semblance of safety, they are not a substitute for comprehensive legislative action. The conversation around gun violence prevention must evolve beyond reactive measures and focus on proactive, preventative strategies that address the root causes of this crisis. 

Gun Violence Prevention Legislation & the 2024 Session

In 2024 I had the honor to serve as Chair of the House of Delegates Public Safety Committee, and I am proud of the great work we did this past session. On the House side alone, we passed nearly 20 bills that would have made our kids at school and our communities safer. Unfortunately, Governor Youngkin vetoed all of them. 

While some of these bills introduced significant policy changes, others were more administrative, aimed at enhancing efficiency and effectiveness. The House Democratic majority would have mandated that fingerprints be included in concealed carry permit applications, required handgun competency training to include live fire at a shooting range, established a five-day waiting period between the initiation of a background check and the purchase of a firearm and ended blanket concealed carry permit reciprocity with states whose permit requirements do not meet Virginia's standards. 

We passed legislation to ban assault weapons, to ban carrying assault weapons in public spaces, and to prohibit anyone under the age of 21 from purchasing an assault weapon. 

Common sense bills designed to enhance safety requirements for firearm storage met the same fate. My bill required firearms to be stored in a locked container when minors were present. Another bill required the purchase of a firearm locking device in homes where minors live. A third bill prohibited leaving firearms unattended in a motor vehicle.  

To prevent those who shouldn’t have firearms from purchasing or possessing one, we passed bills to establish standards of reasonable conduct for firearm industry members as well as a civil penalty for violation. Intimate partners who were convicted of assault or battery were prohibited from purchasing or possessing a firearm. Legislation passed to tighten up laws related to transferring a firearm from one individual to another, to require the Virginia State Police to establish a Substantial Risk Order Reporting System to track these orders by locality, and to prohibit anyone from bringing a firearm into a mental health facility. I’ve introduced a bill to ban “ghost guns” for several years now – plastic firearms that do not have a serial number and are untraceable.  Because they are sold as parts, a background check isn’t required.   

The Governor vetoed every one of these bills. His veto explanation for each one was a variation of the same theme - these bills placed an undue burden on gun owners because of the associated expense, because of the time required to lock or unlock a storage device, because of the delayed time from when a purchase was made and the firearm was received, because the legislation went too far, and because it infringed on the Second Amendment. 

As we send our kids back to school, the focus should not only be on academic readiness but also on ensuring their safety. In the 2025 General Assembly Session, we will again have a chance to focus our energy on meaningful action. By advocating for sensible gun laws and investing in preventive measures, we can take significant strides toward a safer, more secure educational environment (and community) for all students.

New Laws in 2024 Part 2

Ideas for legislation come from so many sources – constituent casework, conversations with a colleague, a community meeting, or even an NPR segment. While not all bill ideas are created equal, the general idea is to improve the lives of all Virginians whether we’re tweaking an existing law to avoid unintended consequences or creating a whole new Code Section to address a larger issue.   

Building on my article at the beginning of the month, here are some additional laws that went into effect on July 1st. Chances are, one or more of them will affect you or someone you know.  

Reducing Costs for Virginians  

Housing affordability and helping families avoid eviction has become a hot topic these last several years. To that end, we extended Virginia’s Eviction Diversion Pilot Program, giving the Virginia Housing Commission more time to assess its effectiveness, and perhaps recommend extending it further.   

If the Governor issues a state of emergency, electric, gas, water, and wastewater utility companies are prohibited from disconnecting service to a residential customer for nonpayment of bills or fees during said emergency. The suspension will last for 30 days after such declaration of the state of emergency.   

To reduce predatory towing, towing operators for a multifamily dwelling unit parking lot must post a written notice on a vehicle, providing at least 48 hours' notice to a resident prior to removing a resident's vehicle. This is specifically for vehicles with an expired registration or expired vehicle inspection sticker. The landlord must also receive a copy of such notice.  

Telephone companies that operate within local correctional facilities must now reinvest their net profits into each facility for educational, recreational, or medical purposes for the benefit of incarcerated individuals. This can include programs related to behavioral health, substance abuse, reentry, and rehabilitative services. This will reduce price gouging in these facilities while helping inmates get their lives back on track.  

Empowering Localities  

Local governments can now adopt an ordinance to support the planting and replacement of trees during the land development process by allowing a tree canopy fund, on both public and private property. The law also makes it easier to collect tree canopy funds while expanding the canopy credit.  

Another tool to curb predatory towing, localities have the authority to create a permitting system for all towing companies to better track them and hold them accountable.  

Counties that that do not maintain their own roads are now allowed to reduce speed limits to less than 25 miles per hour in business or residential districts. Localities can also restore a speed limit that was previously reduced. 

Making Virginia More Welcoming and Inclusive  

Reinforcing our non-discrimination laws, no one who is authorized to issue a marriage license can refuse to fulfill their obligation based on a couple’s sex, gender, or race. The law also requires that these marriages be recognized by the Commonwealth.  

Families that receive assistance through Medicaid or the Special Supplemental Nutrition Program for Women, Infants, and Children are also automatically eligible to receive assistance through the Child Care Subsidy Program.  

We amended the financial eligibility standards for those receiving the Family and Individual Support Waiver, Community Living Waiver, and Building Independence Waiver (the DD Waivers). This increases the number of people eligible to receive DD Waivers and requires a report on how many Virginians could benefit from changes to the eligibility standards.  

To ensure our most Virginians living with disabilities get the support and resources they need, a new law requires state agencies to seek federal authority to update Home and Community Based Services Waivers to remove burdensome regulations on parental caregivers.   

Protecting the Vulnerable  

Emergency services providers must now provide a behavioral health assessment, as well as further examination and treatment, when treating a patient. This will help ensure that a patient’s mental health doesn’t deteriorate while receiving emergency treatment.  

Elderly and vulnerable adults can submit and update a list of trusted persons that financial institutions can contact in the case of suspected financial exploitation. The law also permits financial institutions to train staff on how to identify and report suspected cases of financial exploitation. New training guidelines will be published on January 1, 2026.   

Local school boards are required to develop policies that ensure high school students learn to prevent and reverse an opioid overdose. The policy encourages students to complete this program before graduating.  

If you have questions about one of these new laws, please don’t hesitate to contact my office. Or if you’ve got a bill idea you’d like to share, I’m all ears! Although we’re limited in the number of bills we can introduce (15!) during the 2025 Session, hearing from constituents is always helpful in putting together my legislative agenda.  

New Laws in 2024

On July 1^st, several new laws went into effect across the Commonwealth of Virginia, including some that may impact Falls Church residents as they go about their daily lives.

The changes impact a wide range of areas, from animal welfare to higher education, reflecting the evolving priorities and values of Virginians. Here's a look at some of the key legislative updates that Falls Church residents should be aware of.

Animal Welfare

Fans of the News Press’s “Critter Corner” will appreciate a significant shift towards promoting animal rights and safety.

Declawing cats is now illegal unless it's deemed necessary for health reasons. This measure aims to protect cats from unnecessary harm and improve their welfare.

Localities have been empowered to create public online registries for individuals convicted of felony animal cruelty crimes. This initiative seeks to enhance public awareness and prevent further abuse.

On a somewhat related topic, a change championed by some of our rural neighbors in the western part of the state allows residents to legally claim roadkill, such as deer or possum, for personal use.

Casino Regulations

While area residents continue to monitor efforts to allow a casino here in Northern Virginia, effective July 1, Richmond is no longer eligible to host a casino after two failed referenda. A related change that may become relevant in our area someday says any jurisdiction that has had a failed casino referendum must now wait three years before attempting another vote. Petersburg will now take Richmond's place as a potential casino location.

Public Safety

Efforts to enhance public safety and address crime have led to the following changes:

One recommendation of the Governor’s Commission to Combat Anti-Semitism that failed to pass the Republican-controlled House of Delegates last year will become law this year after a change in partisan control of that body. The definition of a hate crime now includes ethnicity. This broadened scope aims to offer greater protection to diverse communities.

Starting July 1, driving without insurance in Virginia will no longer be an option. Previously, Virginians could register as uninsured drivers by paying an annual $500 fee to the Department of Motor Vehicles. However, this option will be eliminated. The DMV estimates that approximately 6,000 drivers will need to provide proof of insurance or face potential license suspension.

Local police agencies can install photo speed monitoring devices at high-risk intersections. This move is intended to reduce traffic violations and improve road safety.

Jury Duty Exemption Age Increase: The age at which citizens can be exempt from jury duty has been raised from 70 to 73, potentially expanding the pool of available jurors.

"Lucia’s Law" increases the penalty for parents who fail to secure their firearms. Passed with bipartisan support as SB 44 and HB 36, the law makes it a felony for adults to allow a child access to a firearm after being notified that the child poses a threat of violence.

The law is named after Lucia Bremer, a Henrico eighth grader shot nine times by a 14-year-old boy using his father's gun on March 26, 2021. Previously, Virginia law only prohibited recklessly leaving a loaded, unsecured firearm around children under 14, without specific storage or locking requirements.

An auto sear is a device that converts a semi-automatic handgun into a machine gun capable of firing hundreds of rounds per minute. Virginia law now prohibits the manufacture, sale, and possession of auto sears.

Consumer Protection

Several new laws will impact how food and alcohol businesses operate:

Home-Based Food Businesses: Entrepreneurs who prepare food in their private homes can now advertise online and sell their products at temporary events or farmers markets.

Permanent Cocktails to Go: The popular pandemic-era provision allowing cocktails to go has been made permanent. However, the allowance for third-party delivery of these cocktails will end on July 1, 2026.

Utility Service Protections: It is now illegal for utilities to be shut off during extreme heat or when temperatures drop below 32 degrees Fahrenheit. This measure aims to protect vulnerable populations during harsh weather conditions.

Higher Education

Significant reforms in higher education have also taken effect:

Banning Legacy Admissions: Virginia's public universities will no longer practice legacy admissions, promoting a more equitable admissions process.

NIL Deals for Student Athletes: Virginia universities can now compensate student athletes through name, image, and likeness (NIL) deals without fear of NCAA sanctions. This law aims to provide fair compensation for student athletes' contributions.

Reproductive Health & Education

Menstrual Health Data Protection: The use of search warrants to access menstrual health data stored in period-tracking apps is now prohibited, ensuring greater privacy for individuals.

Menstrual Education: School Boards now have the authority to include information about menstrual periods in health education for students in grades 4-8. This initiative aims to provide young students with essential knowledge about their bodies.

These new laws represent a diverse array of changes that reflect Virginia's commitment to enhancing the welfare, safety, and opportunities for its residents. You can view a more comprehensive list of new laws online at DLS.Virginia.gov.