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2018 Virginia legislative session
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| 2018 legislative sessions coverage |
|---|
| Virginia General Assembly | |
 | |
| General information | |
| Type: | State legislature |
| Term limits: | None |
| Session start: | January 10, 2018 |
| Session end: | March 10, 2018 |
| Website: | Official Legislature Page |
| Leadership | |
| Senate President: | Justin Fairfax (D) |
| House Speaker: | Kirk Cox (R) |
| Majority Leader: | Senate: Thomas Norment Jr. (R) House: C. Todd Gilbert (R) |
| Minority Leader: | Senate: Dick Saslaw (D) House: David Toscano (D) |
| Structure | |
| Members: | 40 (Senate), 100 (House) |
| Length of term: | 4 years (Senate), 2 years (House) |
| Authority: | Art IV, Virginia Constitution |
| Salary: | $18,000/year (Senate), $17,640/year (House) + per diem |
| Elections | |
| Redistricting: | Virginia Legislature has control |
During 2018, Ballotpedia tracked notable stories from the Virginia General Assembly. The timeline on this page shows the major events that we tracked during 2018, including events in the regular session and in any special sessions that occurred after the regular session adjourned.
Click on the links below to access relevant session information:
- January 10-March 10: Regular session
- April 11-May 30: First special session
- August 30-November 30: Second special session
If you know of any additional events that should be added to this page, please email us at editor@ballotpedia.org.
Overview
In 2018, the Virginia General Assembly was in session from January 10, 2018, through March 10, 2018. A special session was held from April 11, 2018, to May 30, 2018, to address the state budget. Gov. Ralph Northam (D) called for a second special session beginning on August 30, 2018, to redraw legislative districts.
Partisan control
Virginia was one of 16 states under a divided government in 2018, meaning it did not have a state government trifecta. A state government trifecta occurs when one political party holds the governor's office, a majority in the state Senate, and a majority in the state House. For more information about divided governments and state government trifectas, click here.
The following tables show the partisan breakdown of the Virginia General Assembly in the 2018 legislative session.
Senate
| Party | As of July 2018 | |
|---|---|---|
| Democratic Party | 19 | |
| Republican Party | 21 | |
| Vacancies | 0 | |
| Total | 40 | |
House
| Party | As of July 2018 | |
|---|---|---|
| Democratic Party | 49 | |
| Republican Party | 51 | |
| Vacancies | 0 | |
| Total | 100 | |
Leadership in 2018
Senate
|
House
|
Status of legislation
| Status of legislation: Regular session | |||
|---|---|---|---|
| Legislation | Subject area | Actions during the regular session | Status at the end of the regular session |
| SB 106 | Redistricting | Passed Senate Passed House |
Governor vetoed |
| HB 30 | Budget (House version) | Passed House Passed Senate with amendments |
Senate amendments rejected. Bill failed to pass. |
| SB 30 | Budget (Senate version) | Passed Senate | Did not see further action |
| HB 1604 | Requiring mental health education for 9th and 10th grade students | Passed legislature | Governor signed |
| HB 1257 | Sanctuary cities ban | Passed legislature | Governor vetoed |
| HB 375 | Prohibit local governments from requiring contractors to pay minimum wage | Passed legislature | Governor vetoed |
| Status of legislation: First special session | |||
| HB 5002 | Budget | Passed legislature | Governor signed |
| Status of legislation: Second special session | |||
| HB 7001 | Redraw 29 of 100 districts | Introduced | Did not see further action |
| HB 7003 | Redraw district lines | Reported out of committee | Did not see further action |
Regular session
January 26, 2018
Senate passes redistricting criteria bill
The Virginia State Senate voted 22-17, mostly along party lines, to pass a bill that would change the state's redistricting criteria to make political subdivisions the primary factor in redrawing district lines. The legislation would also prohibit districts from having "oddly shaped or hav[ing] irregular or contorted boundaries," with the exception being to conform to political boundaries.[1]
- Update: The Virginia House of Delegates approved the bill on February 28, 2018, and Gov. Ralph Northam (D) vetoed it on May 18, 2018.
February 22, 2018
Virginia House and Senate differ on Medicaid expansion in state budget
The Republican-controlled Virginia House of Delegates approved a two-year budget for the fiscal year that began on July 1, 2018. The House budget passed on a bipartisan majority vote (68-32), with all 49 Democrats and 19 out of 51 Republicans voting in favor.[2]
The House budget would use $2.9 billion in federal funds to expand Medicaid, covering all Virginia residents with income less than 138 percent of the federal poverty level. The expansion would include work and job training requirements for able-bodied beneficiaries and would require federal government approval.[3] The budget proposal would also implement new taxes on hospitals. The anticipated revenue would be used for teacher and state worker raises.[4]
According to The Washington Post, Medicaid expansion would provide coverage for 400,000 uninsured Virginia residents and would allow $420 million currently used for healthcare to be used for other purposes.[2]
The Virginia State Senate passed a budget that proposed $420 million in cuts and did not include Medicaid expansion.[2] The budget passed on a party-line vote. According to The Free Lance-Star, one Republican senator supported Medicaid expansion, meaning "a single reversal by a GOP senator could provide the necessary majority to approve a budget with Medicaid expansion."[4]
A budget agreement requires a majority vote in the General Assembly. Lt. Gov. Justin Fairfax is not permitted to break a tie on the budget.[5] Read more here.
- Update: The Senate approved the House version with amendments on February 28, 2018. The House rejected the amendments and the bill failed to pass. The Senate version was sent to the House, where it did not see further action. The legislature approved a final budget on May 30, 2018, during a special session and the governor signed it on June 7, 2018.
March 19, 2018
Gov. Northam signs bills requiring mental health education for ninth and 10th grades
Democratic Gov. Ralph Northam signed legislation (HB 1604/SB 953) to require mental health instruction as part of health education in grades nine and 10 in public schools. The legislation, sponsored by Sen. Creigh Deeds (D), was suggested by three high school students who thought high school students needed more mental health resources and decided the best approach would be a statewide educational program. Virginia was one of the first states to mandate mental health instruction in public schools.[6]
April 9, 2018
Gov. Northam vetoes bill related to sanctuary cities
Gov. Ralph Northam (D) vetoed a bill that would have prohibited sanctuary cities. In general, a sanctuary city is a city that has enacted policies that limit local officials' involvement in the enforcement of federal immigration law.
Sponsored by Del. Ben Cline (R), the bill's only sentence read: "No locality shall adopt any ordinance, procedure, or policy that restricts the enforcement of federal immigration laws."[7]
Northam said in his veto explanation that the legislation would have forced "local law enforcement agencies to use precious resources to perform functions that are the responsibility of federal immigration enforcement agencies." He also said the decision to expend resources and work with the U.S. Immigration and Customs Enforcement Agency on immigration enforcement rested with localities.[8]
Del. Cline said the bill was intended to keep localities from interfering with federal immigration activities. "Ensuring that Virginia localities abide by federal immigration laws is a matter of public safety and upholding the rule of law. Governor Northam’s veto of my bill to ban sanctuary cities in Virginia is indefensible."[9]
Sen. Bill Carrico (R) said the bill would prevent cities from protecting gang members from deportation.[10]
Sen. Jennifer McClellan (D) countered that the legislation was not about gangs but rather "sends a message to certain people: 'You're not welcome here.'"[10] Read more here.
- See also: Sanctuary jurisdictions
Governor vetoes bill prohibiting local governments from requiring contractors to pay workers more than minimum wage
Gov. Ralph Northam (D) vetoed HB 375, which would have prohibited local governments from requiring contractors to pay more than minimum wage. HB 375 advanced from the Virginia House of Delegates 51 to 48, with one member not voting, and passed the Virginia State Senate 21 to 19. Both chambers approved the bill along party lines.[11]
In his veto explanation, Northam said decisions on wage levels between local governments and contractors should be left to local leaders, who understand local workforce needs and cost of living disparities.[12]
Special session, April 11 to May 30
March 13, 2018
Gov. Northam calls for special session
On March 13, Gov. Ralph Northam (D) called for a special session beginning April 11 to address the state budget after the Virginia General Assembly adjourned its 2018 regular session on March 10 without sending a budget bill to the governor's office.[13]
The state Senate and House failed to pass a budget bill due to disagreement on Medicaid expansion. The House passed a budget bill that included Medicaid expansion, while the Senate bill did not include that provision.[2] For more information on the disagreement, click here.
The Affordable Care Act authorizes the federal government to pay 90 percent of the annual cost of expanding Medicaid. The House bill would have taxed hospitals to fund the remaining 10 percent.[13]
Republicans had a 21 to 19 majority in the state Senate and a 51 to 49 majority in the House. According to The Washington Post, Republican lawmakers opposed previous Medicaid expansion efforts under former Gov. Terry McAuliffe (D).[13]
April 17, 2018
House of Delegates passes budget proposal expanding Medicaid
The Republican-controlled Virginia House of Delegates approved a two-year budget bill that would expand Medicaid. According to the Daily Press, the House passed a similar bill during the regular session that the Virginia State Senate rejected. Delegates voted 67 to 33 for the new version. Republicans who opposed the regular session bill maintained their opposition to the new bill, and one Democrat, Del. Sam Rasoul, changed his vote from "yes" to "no." Rasoul said he was opposed to work requirement provisions.[14]
The bill was sent to the Republican-controlled state Senate for consideration. Read more here.
- Update: The legislature approved a budget on May 30, 2018, and Gov. Ralph Northam (D) signed it on June 7, 2018.
May 30, 2018
Legislature sends budget with Medicaid expansion to the governor's desk
The Virginia State Senate voted 23-17 for a $115 billion, two-year budget bill. Four Republican senators—Ben Chafin, Senate Finance Committee co-Chair Emmett Hanger, Frank Wagner, and Jill Vogel—joined the 19-member Democratic minority to approve the bill. After the Virginia House of Delegates voted 67-31, the bill was sent to Democratic Gov. Ralph Northam's desk. The legislature's approval of the budget ended an impasse that required the governor to call a special session and overcame five years of Republican resistance to Medicaid expansion. The bill's Medicaid expansion provision, projected to provide healthcare coverage to 300,000 to 400,000 state residents, includes work requirements for recipients and a tax on hospitals and medical providers.
Delegate Alfonso Lopez (D) said of the work requirements, "There are so many exceptions that you’re looking at a very small number of people that would be affected. So even if we have closer to 310,000 people covered under this version rather than the 400,000 we originally wanted, that’s still a huge step in the right direction and something we’re perfectly willing to compromise on. I’m okay getting 310,000 people covered who didn’t have coverage before."
Senate Majority Leader Tommy Norment (R) opposed the bill, saying it "abandons Virginia’s long-standing reputation for fiscal responsibility" and "marks a stark departure, both from the conservative fiscal policies observed by the commonwealth for generations and in the manner in which it was approved by the General Assembly."
House Speaker Kirk Cox (R) defended the bill as including "what I consider the most conservative set of reforms to Medicaid in the nation as part of a plan to expand health care coverage to working Virginians."[15][16][17] Read more here.
- Update: Gov. Ralph Northam (D) signed the budget on June 7, 2018.
Budget process
Virginia on 
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The state operates on a biennial budget cycle. The sequence of key events in the budget process is as follows:[18]
- Budget instructions are sent to state agencies in August.
- State agency budget requests are submitted September through October.
- The governor submits his or her proposed budget to the Virginia General Assembly in December.
- The General Assembly adopts a budget in March or April. A simple majority is required to pass a budget.
- The biennial budget cycle begins in July.
Virginia is one of 44 states in which the governor has line item veto authority.[18][19]
The legislature is not required to pass, and the governor is not required to sign, a balanced budget. However, the governor is required to make sure actual expenditures do not exceed revenues by the end of the appropriation period.[18]
- See also: Virginia state budget and finances
Special session, August 30 to November 30
Gov. Ralph Northam (D) issued a proclamation for a special session to redraw legislative districts after a federal court ruled that 11 of the Virginia House of Delegates districts were unconstitutional. The session began August 30, 2018.[20]
On June 26, 2018, the United States District Court for the Eastern District of Virginia ruled 2-1 in Bethune-Hill v. Virginia State Board of Elections that 11 state legislative districts had been subject to racial gerrymandering and needed to be redrawn. The court gave the legislature until October 30, 2018, to draw new district lines. Writing for the majority, Judge Barbara Milano Keenan said, "Overwhelming evidence in this case shows that, contrary to this constitutional mandate, the state has sorted voters into districts based on the color of their skin." On July 9, 2018, state Republicans petitioned the Supreme Court of the United States to stay the district court's order pending an appeal of that court's decision. Governor Ralph Northam (D) convened a special session of the legislature, beginning August 30, 2018, to redraw the maps. The legislature was unable to adopt a remedial map during this session. Consequently, the federal district court appointed a special master, Bernard Grofman, a political science professor at the University of California, Irvine, to draft a remedial map. State lawmakers petitioned the Supreme Court of the United States to stay the ruling pending ultimate resolution of the case. The high court denied this request on January 8, 2019.[21][22][23][24][25]
On January 22, 2019, the district court issued an order directing Grofman to finalize the district plan for the House of Delegates selected by the court. Pending appeals, the remedial map was slated to apply to the 2019 election cycle. House Speaker Kirk Cox (R) criticized the plan: "The Eastern District Court selected a series of legally indefensible redistricting modules that attempts to give Democrats an advantage at every turn. The modules selected by the Court target senior Republicans, myself included, without a substantive basis in the law." Meanwhile, Democratic attorney Marc Elias, who initiated the suit, praised the order: "In Virginia, the Federal Court in the long-running state house redistricting case has ordered the special master to adopt the alternative-map configuration we advocated. We are one important step closer to the end of the GOP's racial gerrymander." At the time of the ruling, Republicans controlled the House of Delegates, holding 51 seats to Democrats' 48. Larry Sabato, head of the Center for Politics at the University of Virginia, said, "[The remedial map] would nearly guarantee a Democratic takeover of the House of Delegates."[26]
On June 17, 2019, the Supreme Court of the United States issued its ruling in Virginia House of Delegates v. Bethune-Hill, finding that the state House, helmed by Republicans, lacked standing to appeal a lower court order striking down the original legislative district plan as a racial gerrymander. The high court ruled 5-4, with Associate Justice Ruth Bader Ginsburg penning the majority opinion, joined by Associate Justices Clarence Thomas, Elena Kagan, Sonia Sotomayor, and Neil Gorsuch. Associate Justice Samuel Alito dissented, joined by Chief Justice John Roberts and Associate Justices Stephen Breyer and Brett Kavanaugh. As a result of the high court's ruling, the lower court order implementing a remedial district plan was upheld.[27]
In 2018, Virginia was one of 16 states under divided government. The governor’s mansion was controlled by a Democrat while the state legislature was under Republican control. Virginia was one of 37 states in which legislatures were themselves responsible for drawing state legislative district plans. Under Virginia law in 2018, redistricting plans were considered regular statutes and were subject to gubernatorial veto.
- See also: Redistricting in Virginia
August 30, 2018
House Democrats introduce plan to redraw 29 district lines
Democratic members of the state House introduced a bill, HB 7001, to redraw 29 of the state's 100 districts.[28]
Republicans and one Democrat—Del. Steve Heretick—disapproved of the bill, saying it overly favored Democratic candidates. On the House floor, Heretick called the legislation "a self-serving political power grab. It’s gerrymandering in response to gerrymandering."[28][29]
The General Assembly adjourned until further notice. House Republican leaders said the chamber would reconvene by September 21.[30]
September 7, 2018
Governor urges legislators to ask a federal court to redraw district lines
Gov. Northam sent a letter asking state House Speaker Kirk Cox (R) to request that a federal court redraw the district lines.
Northam questioned the legislature's ability to redraw the lines by the October 30 deadline. He said the House lacked deadlines for committee meetings and votes. He wrote, "The House majority has offered no alternative map and do not appear inclined to do so. ... I do not believe the General Assembly is likely to pass a constitutional map that I can sign."[31]
Parker Slaybaugh, a spokesman for Cox, said Cox was "surprised and disappointed by this letter" and said legislators were "working on a remedial plan as we continue our appeal."[32]
- See also: Redistricting in Virginia
October 2, 2018
Governor says he will veto bill redrawing districts
The House Committee on Privileges and Elections approved HB 7003 along party lines on September 27. According to local news outlet WAVY.com, HB 7003, introduced by Del. Chris Jones (R), was based on but varied from HB 7001, introduced by Del. Lamont Bagby (D).[33]
On October 2, Gov. Northam released a statement saying he would veto House Bill 7003 should it reach his desk. Northam said, "I understand and appreciate the effort devoted to the maps drafted in House Bills 7001, 7002, and 7003; however, the nature of the August 30th and September 27th proceedings in the House Privileges and Elections Committee reinforced my belief that this partisan process should not continue and that the federal court is best positioned to construct a remedial districting plan."[34]
Democratic lawmakers objected to HB 7003. House Democratic Leader David Toscano said in a news release that HB 7003 "does not address the constitutional infirmities and serves only to protect the Republicans' partisan advantage." He expressed support for Northam's potential veto.
Del. Jones said he was disappointed with the governor's reaction. "I was willing to work in collaboration with members of both parties as I have always done throughout my career because I believe it is the right thing to do. Unfortunately in this case, the right thing appears to have taken a back seat to those who are determined to win political power no matter the cost."[35]
House Speaker Cox responded to Northam's statement, "The governor has admitted at last that he wants federal judges appointed by President Obama to draw a redistricting map to deliver a Democratic majority in the House of Delegates."[36]
On October 5, Cox canceled a meeting scheduled for October 21 to discuss redistricting maps. Cox said, "I am rescinding my call for the House of Delegates to reconvene because I do not think we should waste legislators’ time or taxpayer money on a session when the governor’s mind is evidently made up."[37]
- See also: Redistricting in Virginia
See also
| Elections | Virginia State Government | State Legislatures | State Politics |
|---|---|---|---|
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External links
Footnotes
- ↑ Richmond Times-Dispatch, "Redistricting bill clears state Senate by 22-17 vote," January 26, 2018
- ↑ 2.0 2.1 2.2 2.3 The Washington Post, "Va. House budget includes Medicaid expansion; Senate version does not," February 22, 2018
- ↑ Daily Press, "General Assembly splits over Medicaid expansion," February 21, 2018
- ↑ 4.0 4.1 The Free Lance-Star, "House OKs Medicaid expansion, but Senate says no," February 23, 2018
- ↑ WTOP.com, "Va. House GOP backs Medicaid expansion, setting up budget showdown," February 19, 2018
- ↑ Pew, "Many Recommend Teaching Mental Health in Schools. Now Two States Will Require It." June 15, 2018
- ↑ Virginia's Legislative Information System, "HB 1257 Sanctuary policies; enforcement of federal immigration laws," accessed April 10, 2018
- ↑ Virginia's Legislative Information System, "HB 1257: Governor's veto," accessed April 10, 2018
- ↑ The Washington Post, "Va. Gov. Northam vetoes bill banning sanctuary cities," April 9, 2018
- ↑ 10.0 10.1 WKTR, "Gov. Northam vetoes bill banning sanctuary cities," April 10, 2018
- ↑ The Daily Progress, "Northam vetoes contractor wage bill," April 9, 2018
- ↑ Virginia's Legislative Information System, "Governor's Veto (HB 375)," accessed April 20, 2018
- ↑ 13.0 13.1 13.2 The Washington Post, "Va. governor calls special session to work on budget stalled by Medicaid impasse," March 13, 2018
- ↑ Daily Press, "Medicaid expansion again passes in Virginia House, moves to Senate," April 17, 2018
- ↑ WTOP, "Va. House passes budget bills, sends to governor," May 30, 2018
- ↑ Talking Points Memo, "Virginia Legislature Sends Medicaid Expansion To Governor’s Desk," May 30, 2018
- ↑ Richmond Times-Dispatch, "Virginia set to expand Medicaid as Senate and House back budget deal," May 31, 2018
- ↑ 18.0 18.1 18.2 National Association of State Budget Officers, "Budget Processes in the States, Spring 2021," accessed January 24, 2023
- ↑ National Conference of State Legislatures, "Separation of Powers: Executive Veto Powers," accessed January 26, 2024
- ↑ The Washington Post, "Northam calls special session for legislature to redraw districts," August 20, 2018
- ↑ Richmond Times-Dispatch, "Federal court rules against Va. House in racial gerrymandering case, orders new districting plan by Oct. 30," June 26, 2018
- ↑ Richmond Times-Dispatch, "Va. House GOP asks U.S. Supreme Court to delay court-ordered redistricting in racial gerrymandering case," July 9, 2018
- ↑ Governing, "Gerrymandered Virginia House Districts to Be Redrawn in Special Session," August 23, 2018
- ↑ Associated Press, "Judges set timeline for new Virginia legislative map," October 22, 2018
- ↑ Election Law Blog, "Supreme Court declines to intervene in Virginia redistricting dispute," January 8, 2019
- ↑ Richmond Times-Dispatch, "Federal court picks redrawn Va. House map that boosts Democrats' chances of taking control," January 23, 2019
- ↑ Supreme Court of the United States, "Virginia House of Delegates v. Bethune-Hill," June 17, 2019
- ↑ 28.0 28.1 The Washington Post, "Special session on redistricting kicks off in Richmond," August 30, 2018
- ↑ WTVR.com, "Bickering ensues in special session tasked with redrawing House districts," August 30, 2018
- ↑ WTOP, "Va. special session on gerrymandered lines convenes with attacks but little action," August 30, 2018
- ↑ Office of the Governor, "Letter to the Hon. M. Kirkland Cox," September 7, 2018
- ↑ The Washington Post, "Va. governor says legislature won’t make redistricting deadline, urges GOP to seek court solution," September 8, 2018
- ↑ WAVY.com, "Vote by party lines passes Va. redistricting map to next step," September 27, 2018
- ↑ Virginia Governor Ralph S. Northam, "Governor Northam Issues Statement on Partisan Redistricting Process and Planned Veto of House Bill 7003," October 2, 2018
- ↑ Virginia Watchdog, "Virginia Democrats, Gov. Northam to oppose bipartisan redistricting plan," October 2, 2018
- ↑ WAVY.com, "After date set for special session, Northam says he will veto redistricting map," October 3, 2018
- ↑ The Roanoke Times, "Virginia House GOP cancels redistricting session, says lawmakers are 'unlikely' to meet court's deadline," October 5, 2018
