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Legislative Update

Obenshain: Time for Virginia to embrace public charter schools

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We are one week into Session and it has been an eventful week here in Richmond. On Saturday, I was joined by my colleagues and hundreds of supporters and friends at the State Capitol to participate in the inauguration of our 74th Governor of the Commonwealth of Virginia, Glenn Youngkin. We also witnessed the swearing-in of our new Lieutenant Governor Winsome Sears and Attorney General Jason Miyares.

I tell you what – watching these three conservative leaders and public servants take office was one of the most satisfying occurrences in recent memory. We all worked so hard this past election season to elect these three fine individuals and I am excited to get to work in partnering with them to legislate effectively.

I am proud to bring a host of bills this year to protect our liberties and advocate for efficient, limited government.

First, I am working with Governor Youngkin on a bill to help expand Virginias’ access to charter schools. It’s time for Virginia to open its arms and embrace public charter schools. Who could oppose giving more flexibility to schools and teachers and more choice for families? It’s an honor to partner with this new administration in this important effort. To read more about my Senate bill 125, click here.

I am also carrying two bills to increase voter confidence in the integrity of our elections. My first bill, Senate bill 390 (click here to read it), would require the local electoral boards and general registrars to annually conduct a post-election audit of at least one-fifth of all ballot scanner machines. These measures will undoubtedly help restore confidence in our elections – a confidence that has been eroded by Democrat policies over the past few years.

The second bill had to do with voter identification. Democrats here in Virginia repealed the mandate requiring photo identification to vote. There’s no doubt this repeal undermined voter confidence in the fairness of our elections. My Senate bill 127 (click here to read it) would have reinstated the mandate to require a photo ID to vote. Unfortunately, that bill met a quick death by “PBI” (an acronym that stands for “passed by indefinitely”) in the Democrat-controlled Senate Privileges and Elections committee.

I am deeply concerned with the increase in the financial exploitation of elderly and vulnerable adults. Preventing this exploitation has been a priority of mine for years and this year I have introduced two bills to address it. First is, Senate Bill 124 (click here to read it), which creates a new class 1 misdemeanor for someone who knowingly or intentionally abuses the power of attorney to financially exploit an incapacitated adult. Second is Senate Bill 126 (click here to read it), to expand the definition of “incapacitated adult” in the law to provide more financial protection for the elderly. I’m proud to say that both these bills are supported by our Attorney General Jason Miyares.

If you wish to see the full list of the bills I am introducing this year, click here.

In addition to sponsoring legislation, I am also responsible for voting on my colleagues’ proposed bills in the committees on which I sit. These include Agriculture, Conservation and Natural Resources, Commerce and Labor, Judiciary, and Transportation. From time to time in this weekly update, I will highlight bills of note on which I voted in committee. This morning, the Judiciary Committee met for the first time.

One bill in particular worth noting from Judiciary this morning was SB 105 which effectively eliminates ALL mandatory minimum sentences from the Code of Virginia. Mandatory minimums have long since provided closure and security to victims of crimes and their families as well as Virginians as a whole. This blanket repeal will make our streets and communities less safe.

The elimination of these mandatory minimums hits close to home for those of us who have lived in the Shenandoah Valley for a few decades. It arose from the case of Daniel Lee Zirkle, who was executed in 2002 for the killing of his 4-year-old daughter and her 14-year-old half-sister (read about the murders here). Zirkle committed these heinous acts in a fit of rage, after being released from jail days after violating the terms of a protective order for the 4th time. That minimum sentence would have kept Zirkle in jail longer allowing him to cool off and may have prevented these awful deaths.

While I would consider the elimination of some mandatory minimums, this blanket repeal goes way too far. Take, for example, it repeals the sixty-day mandatory minimum sentence for the repeat violation of domestic violence protective orders. This mandatory minimum was adopted in 2009 by unanimous vote in the House and Senate and it was signed into law by then-governor Tim Kaine.

The passage of this bill out of committee this morning was lauded by liberal groups like the Progressive Prosecutors of Virginia who proclaimed it as an “excellent moment in Virginia history.” This liberal-driven approach represents a missed opportunity to review some mandatory minimums that should be reconsidered.

The one silver lining about the passage of this bill is that Republicans in the Virginia Senate are no longer the last line of defense for liberal bills like these (like we have been for two years). I’ve said for years that elections have consequences and a positive one of the 2021 elections was that we now have a Republican majority in the House of Delegates and a Republican governor in Glenn Youngkin who will have an opportunity to veto liberal bills like these.

This week, we were honored to welcome a number of individuals to our office – both in person and virtually. Some of our visitors included advocates from the Virginia Citizens Defense League and members of the Virginia Federation of the Blind. If you would like to meet with me or my office, please email me at mark@markobenshain.com or come by our office in the Pocahontas Building, office 502E.

I’ll continue to provide regular updates throughout the session so stay tuned!

Best,

Mark Obenshain

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