The 2010 regular session is almost over, I think. As I write this, six senators and seven delegates, the "conferees," are trying to narrow the differences between two budgets that are both hard on K-12 education and healthcare for the disabled and elderly. These two broad categories together comprise more than 50 percent of state spending. While the end result will be disappointing, and sometimes even counter-productive in reducing out-year spending, I believe that reaching compromise is within reasonable striking distance given the severe resource constraints.

During this near-historic economic downturn, everything state government does has been downsized. Today, the Commonwealth is living on 2006 revenue levels, which is very difficult, because our population continues to grow. It is not only growing, it is getting older on one end, and younger on the other. The demand for high-quality schools has never been greater, or more needed. At the other end of life, the demand for skilled nursing for our seniors, home-based care, and nursing home care is growing exponentially. During the downturn, Medicaid has grown by 10 percent, as has uncompensated charity medical care. Providers such as doctors and hospitals must raise their rates on paying customers to cover the cost of uncompensated care. That is one reason health insurance costs continue to rise.

There is some good news. After taking a 30 percent cut over the last two years, higher education was spared this time in Governor Kaine's introduced two-year budget. By taking federal stimulus funds, we were not permitted to cut colleges and universities further due to "maintenance of effort" obligations. This will prevent tuition increases like the ones imposed in the last few years.

Over the past eight weeks, I have been very busy with my own legislative package. Eleven of my bills have reached Governor McDonnell's desk, some with his stated support during the legislative process. The following is a rundown of what I have been working on (click bill number for full text):

HB482 allows a state-chartered credit union to convert to a mutual savings bank under the procedures outlined in the bill. At the federal level, similar transactions between federal credit unions and federally-chartered banks are already overseen by the National Credit Union Administration. This bill gives similar authority to Virginia's State Corporation Commission.

HB1095 will reduce one source of debate when a person's job-related insurance is cancelled. When an employee has lost his job, health insurance can be purchased under the federal COBRA provisions. HB1095 specifies the start and stop dates of the 63-day period an individual has after COBRA benefits are exhausted to purchase health insurance without consideration of "pre-existing conditions."

HB1099 is intended to help autistic adults improve work skills in order to hold a job in the private sector. Often, potentially productive employees have difficulties due to reliability issues and/or various anti-social behaviors. This bill requires the development of an employment services counseling and coaching plan for young adults who have graduated out of other disability services programs (e.g., the Medicaid waiver system).

HB1100 qualifies homeowners associations' liability under certain conditions. If the operation and maintenance of an HOA-owned stormwater retention facility are transferred to a local government by contract, the HOA will be responsible only for willful misconduct or gross negligence should an injury occur. Currently, Fairfax County is in the process of taking over the maintenance of these facilities to provide consistent expertise and economies of scale. Should an accident occur, local governments possess sovereign immunity – leaving homeowners exposed to liability as the underlying landowner. This bill will allow HOAs to buy insurance appropriate to a lower level of potential liability. Sen. George Barker and I have worked closely with the Kingstowne Residential Owners Corporation on this legislation and with homeowner stakeholders around the Commonwealth.

HB1101 provides a state appeal procedure arising out of a county fire marshal ruling if the locality does not have its own appeal procedure. This bill came to me from Runnymeade HOA. After many years of on-street parking in a relatively dense community, the fire marshal banned parking on certain streets. The community was unable to appeal the decision on its merits and the state did not have jurisdiction to hear an appeal. Hopefully, this legislation will lead to a decision that is supported by the community.

HB1102 authorizes HOAs to fairly allocate common expenses for parking spaces when the community is a mix of garage town homes and non-garage town homes. When a community is planned, the space(s) inside the garage and the space(s) on the pad outside the garage are counted in the total number of spaces needed to meet zoning requirements. This legislation allows the original planned zoning to be realized.

HB1376 requires state guidelines for seizure management drugs administered in schools to be updated. The bill came to me from a constituent who has a son with epilepsy. Current policies do not allow for the most advanced drugs to be used in an emergency.

HB1377 protects Virginia CareFirst BlueCross/BlueShield subscribers from having the company's needed reserves be directed to citizens of the District of Columbia out of proportion to the DC citizen membership in the insurance network. The DC City Council has attempted to raid these funds, and its proposal is now under consideration by the DC Insurance Commissioner. Of CareFirst's customers, 68 percent live in Maryland, 22 percent in Virginia, and only 10 percent in DC. This bill allows the State Corporation Commission to hold hearings on the proposal and to protect the financial viability of the company and Virginia subscribers.

HB1378 would establish a pilot bio-identifier program for the Medicaid program if funding becomes available from the federal government. Using a bio-identifier in concert with electronic medical records has the potential to eliminate mistakes, increase administrative efficiency, and reduce the potential for fraud. If a person is not conscious, a bio-identifier could instantly bring up an accurate medical history.

HB1379 allows Fairfax County to enforce state-level regulations on the handling and possession of firearms in home daycare centers. The bill was sought by the Board of Supervisors because all gun laws and regulations must be generated at the state level. Previously, the county had been enforcing state-level rules at its daycare facilities, but was doing so without the needed explicit authority granted by this bill.

HJ195 establishes May as Lupus Awareness Month in the Commonwealth. The resolution was sought by a constituent who is active in the Lupus Foundation of America, Greater Washington Chapter. The resolution will help the Foundation spread the word about a disease that is a relatively unknown autoimmune disorder affecting mostly women and minorities.

HJ347 celebrates the life of Jeanice McMillan, Springfield resident and conductor of the Metro train involved in the fatal summer 2009 collision in Washington.

There were many important bills enacted this session that I will forward information about in an upcoming newsletter. Anthony Kusich, my legislative assistant, and I will be back in Northern Virginia this week. I look forward to being home and to getting back to my normal routine.

Feel free to contact me at DelMSickles@house.virginia.gov or at (703) 922-6440 if you have questions about what we have been doing in Richmond or are having problems with a state agency. Please let me know how I can help.

-- Mark