Virginia

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(This page includes tips from reporters, citizens journalists, and others identifying Virginia bills (introduced or passed) that resemble ALEC model legislation. CMD encourages the use of this forum and encourages further detailed research to verify all claims.)


  • HB 10 "Virginia’s Health Care Freedom Act" [1] Several bills were combined and passed. (Sponsors: Delegates Marshall, R.G., O'Bannon, Abbitt, Anderson, Athey, Bell, Richard P., Bell, Robert B., Byron, Carrico, Cleaveland, Cole, Comstock, Cox, J.A., Cox, M.K., Crockett-Stark, Edmunds, Garrett, Gear, Gilbert, Greason, Howell, W.J., Hugo, Iaquinto, Ingram, Johnson, Jones, Knight, Landes, LeMunyon, Lingamfelter, Lohr, Marshall, D.W., May, Merricks, Miller, J.H., Morefield, Morgan, Nixon, Oder, Peace, Pogge, Poindexter, Rust, Scott, E.T., Sherwood, Tata, Villanueva, Ware, R.L. and Wright; Senators: Colgan, Hurt, Martin, Newman, Obenshain, Ruff, Stuart, Vogel and Wagner). Looks like ALEC’s "Freedom of Choice in Health Care Act." [2]
  • HB 1131 "Virginia’s Council on Efficient Government Act" [3] Did not pass. (Sponsor: Delegate Cosgrove). Looks like ALEC’s "Council on Efficient Government Act." [4] This bill is an attempt to subsidize for-profit corporations for work traditionally performed by government and outsource public services.
  • HB 1388 and SB 738 (2010) "Establishment of Virtual School Programs" [5] Signed into law 4/21/10 (Sponsors: Bell, Richard P., Bell, Robert B., Byron, Cline, Cox, J.A., Crockett-Stark, Dance, Ebbin, Greason, Howell, W.J., Iaquinto, Jones, Keam, Kilgore, Landes, Lingamfelter, Lohr, Morefield, Morrissey, Peace and Plum, Newman, Stephen). Looks like ALEC's Virtual Public Schools Act. The legislation, a version of which as been pushed by ALEC’s education committee, encourages school divisions to contract with private virtual school companies for student instruction.
  • HB 1390 and SB 737 (2010) "Charter School Procedures" [6] Virginia State Legislature, SB 737, Legislative Information System, accessed February 10, 2012 </ref> Signed into law 4/11/10 (Sponsors: Newman). Looks like ALEC's Charter Schools Act. [7] In 2010, at the request of the Governor, legislation passed the House and Senate to amend the state’s charter school procedures to require charter school applicants to first submit their applications to the state Board of Education before seeking approval from their local school board.
  • HB 1512 "Virginia’s Health Care Sharing Ministries Act." [8] Passed. (Sponsors: Delegates Byron, Nixon and Oder; Senator: Newman). Looks like ALEC’s "Health Care Sharing Ministries Freedom to Share Act."[9] This legislation declares that insurance laws do not apply to health care sharing ministries.
  • HB 1843 (2007), HB 1164 (2008), HB 1965 (2009), HB 2314 (2011) "Virginia’s Education Investment Tax Credit Act" [10] [11] [12] [13] Did not pass. (Sponsors: Obenshain, Saxman, Athey, Cole, Lingamfelter and Pogge). Looks like ALEC's Great Schools Tax Credit Program Act. [14] This legislation, which has been repeatedly introduced by anti-public school advocates, would create a tax credit for businesses that donate to scholarship funds for low-income students to attend private elementary and secondary schools.
  • HB 2052 "Virginia's Secret ballot Legislation."[15] Failed. (Sponsors: Delegates Hugo, Comstock, Albo, Anderson, Athey, Bell, Richard P., Bell, Robert B., Cleaveland, Cole, Cox, J.A., Garrett, Greason, Habeeb, Howell, W.J., Lingamfelter, Massie, Merricks, Miller, J.H., Purkey, Robinson, Rust, Scott, E.T., Sherwood, Villanueva and Wilt). Looks like ALEC’s "Employee Secret Ballot Protection Act."[16]
  • HB 2196 "Virginia’s Government Transparency Act" [17] Did not pass. (Sponsor: Delegate Comstock). Looks like ALEC's "ACT Relating to Creating Searchable Budget Database for State Spending and Transparency and Government Accountability Act." [18] This legislation, introduced by Delegate Barbara Comstock, draws on language from two similar pieces of ALEC model legislation to create a government transparency website to chronicle government expenditures.
  • HB 2332 "Virginia’s bill to determine the citizenship of an arrestee" [19] Did not pass. (Sponsors: Delegates Lingamfelter, Anderson, Athey, Cole, Cox, J.A., Hugo, Landes, Marshall, R.G., Miller, J.H., Poindexter, Robinson and Rust). Looks like ALEC’s "Immigration Law Enforcement Act." [20] This legislation would require law enforcement to determine the citizenship of an arrestee and allows judges to deny bail based on probable cause determination of illegal alien status.
  • HB 238/SB 1544 (2010) and HB 2104 (2009) "Public funding for private school scholarships" [21] Legislation was introduced in 2009 and 2010 but failed to win approval.(Sponsors: David B. Albo, Robert B. Bell, Mark L. Cole, Frank D. Hargrove, Sr., John M. O'Bannon, III, Christopher B. Saxman; Senators Stosch and Newman). Looks like ALEC’s Autism Scholarship Program Act. [22] This legislation would create publicly funded scholarship funds to send students with disabilities such as autism to private schools.
  • HB 626 "Virginia’ Tobacco Products Tax."[23] Passed. (Sponsor: Delegate Kilgore). Looks like ALEC’s "Resolution on the Enhancement of Economic Neutrality, Commercial Efficiency, and Fairness in the Taxation of Moist Smokeless Tobacco (MST) Products." [24]ALEC and the tobacco industry have long had a mutually beneficial relationship and ALEC has pushed model legislation to change state tax structures relating to smokeless tobacco.
  • HB 629, HB 1762, and HB 142 "Virginia’s Successor Asbestos-Related Liability Fairness Act."[25][26][27] Failed. ((Sponsors: (HB 629: Delegates Kilgore and Sherwood), (HB 1762: Delegates Kilgore, Howell, W.J. and Sherwood), (HB 142: Kilgore, Athey, Carrico, Crockett-Stark and Sherwood)). Looks like ALEC’s "Successor Asbestos-Related Liability Fairness Act."[28] This legislation was designed to limit the liability of Crown Cork & Seal in relation asbestos litigation.
  • HB 720 "Virginia’s Health Insurance Choice Act." [29] Did not pass. (Sponsors: Delegates Peace, Byron, Carrico, Cox, J.A., Lohr and Purkey; Senator: Obenshain). Looks like ALEC's "Health Care Choice Act for States." [30]
  • HB 726 "Virginia’s Assessment of mandated health benefits." [31] Passed. (Sponsors: Delegates Peace, Anderson, Cox, J.A., Hugo, Kilgore, Marshall, D.W., Merricks and Ware, R.L.; Senator: Barker). Looks like ALEC’s "Mandated Benefits Review Act." [32] This bill would require a periodic review of the benefits Virginia mandates to be covered in health plans sold in the commonwealth.
  • HB 854 (2010) and HB 1573 (2011) "Virginia’s Castle Doctrine Act." [33][34] Did not pass. (2011 Sponsors: Delegates Cleaveland, Athey, Bell, Richard P., Carrico, Cole, Cox, J.A., Crockett-Stark, Habeeb, Hugo, Jones, Landes, Lingamfelter, Miller, J.H., Morefield, Poindexter, Robinson, Sherwood and Wilt; Senator: Puckett). Looks like ALEC's "Castle Doctrine Act." [35]
  • HB 926, HB 227 and SB 782 "Virginia’s bill regarding business entities employing illegal aliens."[36][37][38] Passed. ((Sponsors: (HB 926 Delegates Byron, Albo, Athey, Carrico, Cline, Frederick, Gear, Gilbert, Griffith, Hogan, Howell, W.J., Hugo, Janis, Jones, S.C., Kilgore, Landes, Lingamfelter, Marshall, D.W., Marshall, R.G., O'Bannon, Purkey, Putney, Sherwood and Tata) (HB 227: Delegate Cosgove) (SB 782: Senator Obenshain)). Looks like ALEC’s "Fair and Legal Employment Act." [39] These bills terminate the authority of a business to operate in the commonwealth for hiring or employing an illegal alien.
  • HJ 193 "Virginia’s Parental Rights Amendment Resolution" [40] ALEC’s model constitutional amendment attempts to dress up the effort to privatize the American tradition of public education as a parental right, creating a political wedge issue while also elevating these privatization efforts to “constitutional” status, which can then be used as a weapon to strike down any statute that is purported to infringe on the rights granted by this vague amendment. Did not pass. (Sponsors: Delegates Pogge, Anderson, Athey, Bell, Richard P., Carrico, Cleaveland, Cline, Cole, Cox, J.A., Cox, M.K., Crockett-Stark, Gear, Gilbert, Greason, Griffith, Hugo, Jones, Kilgore, Landes, Lingamfelter, Marshall, R.G., Massie, Miller, J.H., Morefield, Oder, Purkey, Putney, Sherwood, Stolle and Tata). Looks like ALEC's Parental Rights Amendment Act. [41]
  • HJ 542 "Virginia's Application to US Congress to Propose an Amendment" [42] Did not pass. (Sponsors: Delegates LeMunyon, Abbitt, Anderson, Bell, Richard P., Bell, Robert B., Byron, Carrico, Cline, Comstock, Cosgrove, Cox, J.A., Cox, M.K., Crockett-Stark, Edmunds, Garrett, Gilbert, Greason, Howell, W.J., Hugo, Iaquinto, Ingram, Janis, Jones, Kilgore, Knight, Landes, Lingamfelter, Loupassi, Marshall, D.W., Massie, Merricks, Morefield, Morgan, Nutter, O'Bannon, Oder, Orrock, Peace, Poindexter, Purkey, Putney, Robinson, Rust, Scott, E.T., Sherwood, Stolle, Tata, Villanueva, Ware, R.L., Wilt and Wright; Senator: Vogel). Looks like ALEC's Resolution Calling for the Congress of the United States to Call a Constitutional Amendment. [43]
  • HJR 42 "Virginia’s resolution memorializing Congress to repeal or amend the federal Real ID Act."[44] Did not pass. (Sponsors: Delegates Peace, Abbitt, Alexander, Gear, Lewis, Marshall, R.G., Morgan and Ware, R.L.). Looks like "ALEC’s Resolution in Opposition to the REAL ID Act." [45] This resolution, offered in 2008, urged the US Congress to repeal the REAL ID Act, which standardizes photo IDs across states.
  • HJR 88 (2010) and HJR 852 (2011) "Virginia’s resolution on a federal balanced budget amendment" [46][47] Did not pass. (Sponsors (2011): Delegates Cline, Abbott, Albo, Anderson, Armstrong, Athey, Barlow, Bell, Richard P., Bell, Robert B., Carrico, Comstock, Cosgrove, Cox, J.A., Crockett-Stark, Edmunds, Garrett, Gilbert, Greason, Habeeb, Hugo, Janis, Joannou, LeMunyon, Lewis, Lingamfelter, Loupassi, Massie, May, Miller, J.H., Miller, P.J., Morefield, Oder, Orrock, Phillips, Pollard, Purkey, Putney, Robinson, Sherwood, Shuler, Stolle, Tata, Villanueva, Wilt and Wright). Looks like ALEC’s balanced budget amendment resolution. [48] These resolutions introduced in consecutive years in the House of Delegates call on the federal government to pass a balanced budget amendment.
  • HJR 542(offered 1/12/11, Sponsors: Speaker Howell, Sen. Vogel) "Repeal Amendment."[49] Compare to ALEC's "Resolution Calling for the Congress of the United States to Call a Constitutional Convention Pursuant to Article V of the United States Constitution to Propose a Constitutional Amendment Permitting Repeal of any Federal Law or Regulation by Vote of Two-Thirds of the State Legislatures."[50][51]
  • HR 61 (2009), HR 5 (2010) and SJR 17 (2010) "Virginia’s Resolution on the Tenth Amendment Act" [52] [53] [54] Looks like ALEC's Resolution Reaffirming Tenth Amendment Rights [55] This resolution would reaffirm the 10th Amendment and chastise federal mandates.
  • HR72 and SR 29 (2011) "Virginia resolution memorializing the Congress of the United States to address the proposed regulations of the Environmental Protection Agency in regards to greenhouse gas emission" [56] [57] Did not pass. (Sponsors: Delegates Morefield, Bell, Richard P., Carrico, Crockett-Stark, Edmunds, Johnson, Kilgore, Marshall, R.G. and Phillips, Senators Puckett and Wampler). Looks like ALEC's Resolution opposing EPA’s regulatory train wreck. The resolution memorializes Congress to adopt legislation prohibiting the EPA from regulating greenhouse gases.
  • HRJ 642"Virginia’s resolution on the Value Added Tax" [58] Did not pass. (Sponsors: Delegates Comstock, Athey, Cole and Jones). Looks like ALEC's resolution in opposition to Value-Added Taxes. [59]
  • SB 1428 "Virginia’s admissibility of evidence of nonuse of safety lap belts and shoulder harness in civil actions."[60] Failed. (Sponsor: Senator Quayle). Looks like ALEC’s "Admissibility in Civil Actions of Nonuse of a Seat Belt Act."[61] This bill provides that failure to use a seatbelt can be used to limit damages in a personal injury lawsuit, without establishing negligence as a matter of law.
  • SB 301, SB 864, HB 1560 "Virginia’s bill on voter identification requirements; provisional ballots."[62][63][64] Failed. ((Sponsors: (SB 301: Senator Martin), (SB 864: Senator Martin), (HB 1560: Delegates: Cole, Anderson, Athey, Cox, J.A., Hugo, Lingamfelter, Robinson, Sherwood and Wilt)). Looks like ALEC’s "Voter ID Act" [65] These bills would eliminate “the provision that allows a voter to sign a sworn statement that he is the named registered voter he claims to be in lieu of showing identification and provides instead for the voter to vote a provisional ballot if he cannot provide a required form of identification.”
  • SB 585 "Virginia’s Searchable Budget database website bill" [66] Did not pass. (Sponsors: Senators Cuccinelli, Hurt, Martin, Newman, Obenshain, Petersen, Smith, Vogel and Wagner). Looks like ALEC’s "Act Relating to Creating a Searchable Budget Database for State Spending." [67] Like Delegate Comstock’s legislation, this bill only calls for disclosure of expenditures and excludes costly tax credits and loopholes.
  • SB 6011 "Virginia’s Offshore Energy Revenue Fund Act" [68] Did not pass. (Sponsors: Wagner, Blevins, Cuccinelli, Hanger, Hurt, Martin, McDougle, Newman, Norment, Obenshain, Quayle, Ruff, Smith, Stosch, Stuart, Wampler and Watkins). Looks like ALEC’s State Offshore Energy Revenue Fund Act. [69]
  • SJ 301 "Virginia’s Secret Ballot Constitutional Amendment."[70] Failed. (Sponsor: Martin). Looks like ALEC’s "Resolution to Support State Efforts to Protect Secret Ballot Elections."[71] SJ 301 would enshrine the right to a secret ballot in the Virginia Constitution for public elections and for approving workplace collective bargaining. In addition to similar legislation language and intent, the legislative descriptions of this bill and the ALEC model legislation are identical.

References

  1. Virginia State Legislature, HB 10, Legislative Information System, accessed February 13, 2012
  2. American Legislative Exchange Council, Freedom of Choice in Health Care Act, ALEC Exposed, model legislation exposed by the Center for Media and Democracy, accessed February 13, 2012
  3. Virginia State Legislature, HB 1131, Legislative Information System, accessed February 13, 2012
  4. American Legislative Exchange Council, Council on Efficient Government Act, ALEC Exposed, model legislation exposed by the Center for Media and Democracy, accessed February 13, 2012
  5. Virginia State Legislature, SB738, Legislative Information System, accessed February 10, 2012
  6. Virginia State Legislature, HB 1390, Legislative Information System, accessed February 10, 2012
  7. American Legislative Exchange Council, Charter Schools Act, ALEC Exposed, model resolution exposed by the Center for Media and Democracy, accessed February 10, 2012
  8. Virginia State Legislature, HB 1512, Legislative Information System, accessed February 13, 2012
  9. American Legislative Exchange Council, Health Care Sharing Ministries Freedom to Share Act, ALEC Exposed, model legislation exposed by the Center for Media and Democracy, accessed February 13, 2012
  10. Virginia State Legislature, HB 1965, Legislative Information System, accessed February 10, 2012
  11. Virginia State Legislature, HB 1164, Legislative Information System, accessed February 10, 2012
  12. Virginia State Legislature, HB 1843, Legislative Information System, accessed February 10, 2012
  13. Virginia State Legislature, HB 2314, accessed February 10, 2012
  14. American Legislative Exchange Council, ALEC's Great Schools Tax Credit Program, ALEC Exposed, model legislation exposed by the Center for Media and Democracy, accessed on February 10, 2012
  15. Virginia State Legislature, HB 2052, Legislative Information System, accessed February 15, 2012
  16. American Legislative Exchange Council, Employee Secret Ballot Protection Act, ALEC Exposed, model legislation exposed by the Center for Media and Democracy, accessed February 15, 2012
  17. Virginia State Legislature, HB 2196, Legislative Information System, accessed February 13, 2012
  18. American Legislative Exchange Council, Virginia's Government Transparency Act, ALEC Exposed, model legislation exposed by the Center for Media and Democracy, accessed February 13, 2012
  19. Virginia State Legislature, HB 2332, Legislative Information System, accessed February 15, 2012
  20. American Legislative Exchange Council, Immigration Law Enforcement Act, ALEC Exposed, model legislation exposed by the Center for Media and Democracy, accessed February 15, 2012
  21. Virginia's Legislative Information System, SENATE BILL NO. 1544, Virginia's Legislative Information System, accessed February 10, 2012
  22. American Legislative Exchange Council, The Autism Scholarship Program Act, ALEC Exposed, model resolution exposed by the Center for Media and Democracy, accessed February 10, 2012
  23. Virginia State Legislature, HB 626, Legislative Information System, accessed February 15, 2012
  24. American Legislative Exchange Council, Resolution on the Enhancement of Economic Neutrality, Commercial Efficiency, and Fairness in the Taxation of Moist Tobacco (ST) Products, ALEC Exposed, model legislation exposed by the Center for Media and Democracy, accessed February 15, 2012
  25. Virginia State Legislature, HB 629, Legislative Information System, accessed February 15, 2012
  26. Virginia State Legislature, HB 1762, Legislative Information System, accessed February 15, 2012
  27. Virginia State Legislature, HB 142, Legislative Information System, accessed February 15, 2012
  28. American Legislative Exchange Council,Successor Asbestos-Related Liability Fairness Act, ALEC Exposed, model legislation exposed by the Center for Media and Democracy, accessed February 15, 2012
  29. Virginia State Legislature, HB 720, Legislative Information System, accessed February 13, 2012
  30. American Legislative Exchange Council, Health Care Choice Act for States, ALEC Exposed, model legislation exposed by the Center for Media and Democracy, accessed February 13, 2012
  31. Virginia State Legislature, HB 726, Legislative Information System, accessed February 13, 2012
  32. American Legislative Exchange Council, Mandated Benefits Review Act, ALEC Exposed, model legislation exposed by the Center for Media and Democracy, accessed February 13, 2012
  33. Virginia State Legislature, HB 854, Legislative Information System, accessed February 13, 2012
  34. Virginia State Legislature, HB 1573, Legislative Information System, accessed February 13, 2012
  35. American Legislative Exchange Council, Castle Doctrine Act, ALEC Exposed, model legislation exposed by the Center for Media and Democracy, accessed February 13, 2012
  36. Virginia State Legislature, HB 926, Legislative Information System, accessed February 15, 2012
  37. Virginia State Legislature, HB 227, Legislative Information System, accessed February 15, 2012
  38. Virginia State Legislature, bin/legp504.exe?081+ful+HB227 SB 782, Legislative Information System, accessed February 15, 2012
  39. American Legislative Exchange Council, Fair_and_Legal_Employment_Act_Exposed.pdf Fair and Legal Employment Act, ALEC Exposed, model legislation exposed by the Center for Media and Democracy, accessed February 15, 2012
  40. Virginia State Legislature, HJ 193, Legislative Information System, accessed February 10, 2012
  41. American Legislative Exchange Council, Parental Rights Amendment Resolution, ALEC Exposed, model resolution exposed by the Center for Media and Democracy, accessed February 10, 2012
  42. Virginia State Legislature, [ HJ 542], Legislative Information System, accessed February 10, 2012
  43. American Legislative Exchange Council, Resolution Calling for the Congress of the United States to Call a Constitutional Amendment, ALEC Exposed http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+HJ542, model resolution exposed by the Center for Media and Democracy, accessed February 10, 2012
  44. Virginia State Legislature, HJR 42, Legislative Information System, accessed February 13, 2012
  45. American Legislative Exchange Council,Resolution in Opposition to the REAL ID ACT, ALEC Exposed, model legislation exposed by the Center for Media and Democracy, accessed February 13, 2012
  46. Virginia State Legislature, HJR 88, Legislative Information System, accessed February 13, 2012
  47. Virginia State Legislature, HJR 852, Legislative Information System, accessed February 13, 2012
  48. American Legislative Exchange Council, Balanced Budget Amendment Resolution, ALEC Exposed, model resolution exposed by the Center for Media and Democracy, accessed February 13, 2012
  49. Virginia Legislature, HJR 542, state legislation, offered January 12, 2011
  50. American Legislative Exchange Council, Resolution Calling for the Congress of the United States to Call a Constitutional Convention Pursuant to Article V of the United States Constitution to Propose a Constitutional Amendment Permitting Repeal of any Federal Law or Regulation by Vote of Two-Thirds of the State Legislatures, model legislation exposed by the Center for Media and Democracy, July 13, 2011
  51. Bill Howell, Va. House of Delegates Passes Repeal Amendment 59-34 to put Needed Check & Balance on Federal Government, press release, January 25, 2011
  52. Virginia State Legislature, HR 61, Legislative Information System, accessed February 10, 2012
  53. Virginia State Legislature, HR 5, Legislative Information System, accessed February 10, 2012
  54. Virginia State Legislature, SJR 17, Legislative Information System, accessed February 10, 2012
  55. American Legislative Exchange Council, ALEC's Resolution Reaffirming Tenth Amendment Rights, legislation exposed by the Center for Media and Democracy, accessed February 10, 2012
  56. Virginia State Legislature, SR 29, Virginia's Legislative Information System, accessed February 10, 2012
  57. Virginia State Legislature, HR 72, Legislative System Information, accessed February 10, 2012
  58. Virginia State Legislature, HRJ 642, Virginia's Legislative Information System, accessed February 10, 2012
  59. American Legislative Exchange Council, ALEC's resolution in opposition to Value-Aded taxes, legislation exposed by the Center for Media and Democracy, accessed February 10, 2012
  60. Virginia State Legislature, SB 1428, Legislative Information System, accessed February 15, 2012
  61. American Legislative Exchange Council, Admissibility in Civil Actions of Nonuse of a Seat Belt Act, ALEC Exposed, model legislation exposed by the Center for Media and Democracy, accessed February 15, 2012
  62. Virginia State Legislature, SB 301, Legislative Information System, accessed February 15, 2012
  63. Virginia State Legislature, SB 864, Legislative Information System, accessed February 15, 2012
  64. Virginia State Legislature, HB 1560, Legislative Information System, accessed February 15, 2012
  65. American Legislative Exchange Council, 9/7G16-VOTER_ID_ACT_Exposed.pdf Voter ID Act, ALEC Exposed, model legislation exposed by the Center for Media and Democracy, accessed February 15, 2012
  66. Virginia State Legislature, SB 585, Virginia's Legislative Information System, accessed February 13, 2012
  67. American Legislative Exchange Council, Act Relating to Creating a Searchable Budget Database for State Spending, ALEC Exposed, model legislation exposed by the Center for Media and Democracy, accessed February 13, 2012
  68. Virginia State Legislature, [1], Legislative Information System, accessed February 10, 2011
  69. American Legislative Exchange Council, ALEC's State Offshore Energy Fund Act, ALEC Exposed, legislation exposed by the Center for Media and Democracy, accessed February 10, 2012
  70. Virginia State Legislature, SJ 301, Legislative Information System, accessed February 15, 2012
  71. American Legislative Exchange Council, Resolution to Support State Efforts to Protect Secret Ballot Elections, ALEC Exposed, model legislation exposed by the Center for Media and Democracy, accessed February 15, 2012