Institute for Legislative Analysis

Jeremy S. McPike

This bill allows individuals who have been incarcerated for a period of 15 years or more to petition to be released or have their sentence reduced. The bill applies to nearly all individuals and crimes except in cases such as first-degree murder, while also allowing for mandatory minimum sentences to be disregarded. Oppose is the Limited Government Position as arguably the most important function of government is maintaining national and local public safety, and disregarding jury sentences and releasing violent criminals with histories of rape and murder places communities at significant risk. Unfortunately, this bill represents one of many so-called criminal justice "reforms", which have led to skyrocketing crime rates and are being advanced in state legislatures by left-leaning billionaires through their funding of liberal - and even some conservative - advocacy organizations.

Threatening Public Safety by Providing Dangerous Criminals Involved with Murder, Rape and Violent Crime a "Second Look" to be Released or Sentences Reduced if they Have Served 15 Years.

This bill prohibits the usage of aftermarket headlights that appear as a blue light on motor vehicles, motorcycles, bicycles, scooters, and other personal mobility devices. Lawmakers cited concerns about glare from blue lights as the reason for the ban. Oppose is the Limited Government Position as this excessive one-size-fits-all ban unduly infringes on the freedom of automotive enthusiasts to customize their vehicles as they wish. Such a significant government action should only be taken in cases of direct and significant safety implications, not on the basis of preventing a mere nuisance for certain motorists.

Weakening Automotive Freedom by Imposing an Overreaching Ban on Aftermarket Headlights which Appear as a Blue Light on Vehicles, Motorcycles, Bicycles and Scooters.

This bill expands the state's paid sick leave mandate to now include healthcare providers and grocery store employees, while also eliminating the requirement that an employee work at least 20 hours per week or 90 hours per month to be eligible. Oppose is the Limited Government Position as this government interference drives up employment costs and may come at the expense of job opportunities, higher wages, and other employee benefits. Employers are already incentivized to provide the highest levels of benefits to their employees to retain their top talent and compete in the marketplace.

Reducing Employment Opportunities by Expanding Paid Sick Leave Mandates to Now Also Include Part-Time Healthcare and Grocery Workers.

This bill authorizes localities to establish "Business Improvement and Recruitment Districts" if approved by at least 50% of business owners. Businesses under the district would be forced to pay an additional tax for purposes of "economic development" and recruitment of other businesses to move to the area. Localities may establish a process by which businesses charged the tax may be eligible for a reduction in other taxes they may pay. Oppose is the Limited Government Position as lawmakers should not further expand the size and scope of government to engage in "economic development". The free-market - not government central planning - is the best mechanism to foster business growth. Additionally, this cronyism places additional unnecessary tax burdens on small businesses and potentially other taxpayers if localities dilute the tax base through other tax reductions for just the businesses within the district.

Expanding Cronyism and Government Central Planning Powers by Creating "Business Improvement Districts" which can Impose Additional Fees on Businesses for Promotion Activities.

This bill creates the "Prescription Drug Affordability Board" to conduct "affordability" reviews of prescription medications and set price limits on any prescription drug determined to present an "affordability challenge" or "high out-of-pocket costs." Oppose is the Limited Government Position as the nation witnessed first-hand the disastrous consequences and cost of growing government regulatory power in healthcare (i.e. Obamacare). Imposing price controls and further growing government control will merely add "fuel to the fire". Lawmakers (especially at the federal level) should work to increase competition and advance a freer market through significant regulatory reduction within the industry - especially at the FDA.

Growing Government Control over Healthcare through the Creation of a New Board to Impose Price Controls on Prescription Drugs.

This bill allows public utility companies and broadband service providers to leave service and maintenance vehicles on private property without the consent of the property owner for up to 72 hours if being used for service or maintenance, as long as it doesn't block access to the property. Property owners are prohibited from having the vehicles removed during the 72 hour period. Oppose is the Limited Government Position as this bill infringes on private property rights by allowing storage of vehicles on private property without the property owner's consent for an unreasonable amount of time.

Infringing Property Rights by Permitting Utility Companies to Store Vehicles on Land-Owners Property Without their Consent for an Unreasonable 72 Hour Period.

This bill increases the amount of historic building rehabilitation tax credits that may be issued to one individual from $5 million to $10 million annually. Furthermore, if the property is located in a locality that has a "enterprise zone," an individual may receive an additional $10 million in subsidies. Oppose is the Limited Government Position as taxpayers should not be forced to pay for the renovation costs of privately-owned buildings that certain government officials deem "historic". Additionally, the free-market - not government central planning via "opportunity zones" - is the best mechanism to direct capital where it will provide the greatest return on investment. Instead of this tax cronyism, lawmakers should reduce zoning and regulatory barriers while improving public safety to spur redevelopment.

Expanding Cronyism by Hiking Subsidies and Payouts Under the Historic Building Tax Credit Program.

This bill increases the likelihood that a Court will authorize a firearm seizure under the state's existing "red flag" law, which allows an individual to submitan "ex-parte" (one-sided) petition to a court if the individual alleges the person is a danger to themselves or others. Specifically, the bill establishes a list of various factors (such as recent acquisition of a firearm or ammunition and other life history) a judge must consider when reviewing a petition. Oppose is the Limited Government Position as the state's "red flag" program already lacks provisions that prevent nefarious individuals from abusing the system to harass or harm law-abiding individuals. These new provisions only make the program worse, further infringing Second Amendment protections and leaving individuals defenseless.

Seizing Firearms without Due Process by Further Worsening the State's "Red Flag" Law.

This bill requires the State Corporation Commission to establish a "shared solar program" for Appalachian Power Customers. This program authorizes customers to purchase power through a subscription in a shared solar facility and contains a requirement that at least 30% of program participants be made up of low-income customers. Oppose is the Limited Government Position as this program, like similar "net-metering" solar subsidy schemes, fail to account for the significant power transmission costs and other operational expenses incurred by utility companies. As a result, these costs are transferred onto all other power customers through higher electricity rates, placing unnecessary additional financial burdens onto businesses and families across the region.

Hiking Electricity Rates for Appalachian Power Customers through the Creation of a "Shared Solar Program".

This bill creates a government-run Paid Family and Medical Leave program, which is funded through payroll taxes imposed on both employees and employers. The program provides up to 12 weeks of paid leave annually at a rate of 80% of the employees' average weekly wage. Oppose is the Limited Government Position as this measure results in a pay cut for employees and further drives up hiring costs for employers. The private sector already offers numerous paid leave packages that employees and employers can purchase. This wealth transfer scheme forces individuals who don't want or need paid leave benefits to pay into a system that subsidizes the costs of individuals who want the paid leave. Instead of creating this state wealth transfer initiative, lawmakers should allow individuals to choose whether or not to purchase paid leave insurance through the private marketplace.

Hiking Employer and Employee Payroll Taxes by Forcing All Workers into a Government-Run Paid Leave Program.

This bill requires all health insurance policies offered in the state to provide coverage for contraceptive drugs and devices without any deductible or cost-sharing requirement. Health insurers were previously required to "offer and make available" such coverage, but this bill requires the coverage be "provided." At least one version of contraceptive drugs and devices must be covered at no cost, though insurers must also cover at no cost a drug or device if recommended by a healthcare provider based on an individual's "medical need." Oppose is the Limited Government Position as each and every health insurance mandate or price control on co-payments prevents an individual from selecting a plan with just basic or customized coverages to fit their specific needs. As a result, health insurers are forced to only offer costly plans loaded with coverages that most individuals do not need. This can result in lower-income or younger individuals choosing to purchase no insurance plan at all due to the high cost.

Hiking Health Insurance Premiums by Mandating Insurers Provide Contraceptive Drugs and Devices to Enrollees at No Cost or Co-Pay.

This bill prohibits an employer from seeking the previous wage or salary history of a prospective employee during the hiring process. Additionally, if an applicant voluntarily provides such information, an employer may be sued for basing any wage offerings off the salary history. Oppose is the Limited Government Position as this bill imposes a new government mandate that infringes on the private contracting rights of employers and employees and subjects employers to new avenues of lawsuit abuse. It is also noteworthy that the federal government requires salary history from applicants in its employment application process.

Infringing Private Contracting Rights through New Government Mandates Preventing Employers from Seeking Previous Salary History of Prospective Employees.

This bill requires any person who possesses a firearm in a residence to store the firearm and ammunition in a locked container, compartment, or cabinet if there is someone residing in the home who is either under 18 or is prohibited from possessing a firearm. Oppose is the Limited Government Position as this nanny-state and one size-fits-all mandate harms the ability of a responsible firearm owner to quickly defend themselves against an intruder.

Imposing Nanny-State Regulations on Firearm Storage which Weaken the Ability of Individuals to Defend Themselves Against Assailants.

This bill establishes the "Virginia Firearm Industry Standards of Responsible Conduct", which imposes onto firearm manufacturers several new "standards of responsible conduct" requirements and regulations. The bill then authorizes an individual to sue a manufacturer if they fail to comply with a regulation and an individual suffers damages (such as an injury or death from a third-party's unlawful usage of a firearm). Oppose is the Limited Government Position as James Madison and our nation's other founding fathers understood that the right to keep and bear arms is a crucial individual liberty and protects the citizenry against a tyrannical government. This measure is primarily designed to advance a gun-control agenda and drive firearm manufacturers out of business by subjecting them to frivolous litigation due to their customer's usage of their products - something they can't control.

Weakening Second Amendment Rights by Subjecting Firearm Manufactures to Frivolous Litigation Based on the Usage of Their Products by Criminals.

This bill prohibits any person, other than manufacturers, dealers, and importers, from selling or purchasing an unfinished firearm frame or receiver if it does not have a serial number. This measure has the largest impact on individuals who construct their own home-made firearms and hobbyists who trade parts. Oppose is the Limited Government Position as James Madison and our nation's other founding fathers understood that the right to keep and bear arms is a crucial individual liberty and protects the citizenry against a tyrannical government. This measure imposes unnecessary barriers for lawful individuals wishing to exercise their Second Amendment rights, barriers that do nothing to deter criminals from engaging in unlawful behavior.

Infringing Second Amendment Rights through an Overreaching New Ban on So-Called "Ghost Guns" and Components which Limit the Ability of Hobbyists to Construct their Own Firearms.

This bill authorizes local governments to issue bonds (debt) to build and run "entertainment arenas" for activities such as concerts and sporting events. The projects are said to be funded through sales tax revenue generated at the facility. Oppose is the Limited Government Position as building and managing entertainment facilities is not one of the limited functions of government. Additionally, this measure places taxpayers at risk via bond issuance, especially if such facility does not generate the expected amount of revenue. The private sector and free market is the best mechanism to determine the need and provide investment for entertainment facilities.

Growing the Size and Scope of Government and Indebting Taxpayers by Authorizing Government to Build "Entertainment Arenas" Funded through Sales Tax Revenue.

This bill allows localities to impose ordinances that prevent property owners from developing their land (commercial, industrial, and multifamily residential housing) unless the structures contain electric vehicle charging stations. Oppose is the Limited Government Position as the free market - not government politicians and bureaucrats - are best equipped to determine the need, placement and amount of electric vehicle charging stations and infrastructure. This bill will lead to even more draconian land use and zoning laws across the state - such as Loudon County, VA - which infringe on the property rights of landowners.

Authorizing Localities to Further Infringe Property Rights through Electric Vehicle Charging Mandates as Part of Land use Approval for New Developments.

This bill extends the amount of time from 5 days to 14 days after rent is due that a landlord must wait to begin the legal process to evict a non-paying tenant. Under current law, the eviction process in Virginia takes roughly three to four months.  Oppose is the Limited Government Position as this bill weakens property rights and ultimately drives up housing costs for everyone by exposing landlords to greater levels of risk and expense due to tenant non-payment.

Weakening Property Rights and Further Delaying the Eviction Process by Extending from 5 Days to 14 Days the Amount of Time Before a Landlord May Seek Legal Remedies for Tenant Non-Payment.

This bill expands the authority of the Clean Energy Advisory Board and directs the board to apply for federal funding under the Greenhouse Gas Reduction Fund to expand solar energy and energy efficiency projects. Additionally, the bill now authorizes grants and increases rebate payout amounts under the Low-to-Moderate Income Solar Fund and Program for solar energy installation and energy efficiency projects. Oppose is the Limited Government Position as this bill further grows government interference in the energy market while significantly driving up taxpayer costs at both the state and federal level in order to advance a politicized environmental agenda.

Advancing a Politicized "Environmental Justice" Agenda by Further Empowering the Clean Energy Advisory Board and Directing More Taxpayer Funds to Solar and Greenhouse Gas Initiatives.

This bill prohibits health insurers from adjusting premium rates based on tobacco usage, as was previously permitted, along with other relevant factors, such as age. Oppose is the Limited Government Position as this measure - like all other health insurance mandates and price controls - prevents insurers from accurately assessing and pricing risk. As a result, health insurers are forced to only offer costly plans that are based on elevated risks and loaded with coverage most individuals do not need. This can result in lower-income or younger individuals choosing to purchase no insurance plan at all due to the high cost.

Hiking Health Insurance Premiums by Prohibiting Insurers from Adjusting Rates Based on Tobacco Usage.

This bill bans "assault firearms" and "large capacity" (more than 10 rounds) magazines manufactured on or after July 1, 2023. Oppose is the Limited Government Position as James Madison and our nation's other founding fathers understood that the right to keep and bear arms is a crucial individual liberty and protects the citizenry against a tyrannical government. Additionally, as congressionally mandated studies on the previous federal assault weapon ban concluded, the ban had no impact in curbing violent crime, as these bans do not deter criminals from continuing to engage in unlawful behavior.

Infringing Second Amendment Rights by Banning So-Called "Assault Firearms" and High-Capacity Magazines Manufactured After July 1, 2023.

This bill accelerates the timeline that a public utility must construct an off-shore wind facility from 2034 to 2032. Additionally, the State Corporation Commission (SCC) must account for the projects "positive economic impacts and workforce development" when reviewing requests for cost recovery by a utility. Oppose is the Limited Government Position as this bill unnecessarily hikes the costs of electricity for families and businesses in Virginia. Electricity procurement should be obtained from the most cost-effective sources to ensure the lowest costs for customers. Additionally, forcing the SCC to consider irrelevant factors in cost recovery merely enrich utility companies at the expense of customers.

Hiking Electricity Rates and Enriching Utility Companies by Accelerating Off-Shore Wind Construction.

This bill makes permanent provisions that allow distillers, mixed beverage restaurant licensees, and limited mixed beverage restaurant licensees to sell mixed beverages for off-premises consumption by removing the law's 2024 sunset date. The provision also allows farm wineries to sell pre-mixed wine for off-premises consumption. Support is the Limited Government Position as this bill serves as a step in the right direction toward expanding consumer choice and individual liberties while also removing an unnecessary restriction on alcohol sales.

Expanding Individual Liberties by Making Provisions Allowing Off-Premises Alcohol Consumption Permanent.

This bill expands the list of prohibited retaliatory actions by a landlord against a tenant for actions such as complaining of a housing violation to a government agency, making a complaint to the media, or filing an action against a landlord for violation of the lease or laws. Under the bill, retaliatory actions can now include increasing rent or fees, selectively decreasing services, threatening or harassing the tenant, and more. Oppose is the Limited Government Position as this bill ultimately drives up rental rates by exposing landlords to new risk. This measure provides a new tool that devious tenants may utilize to extort landlords through frivolous allegations.

Increasing Housing Costs by Superfluously Expanding List of Prohibited Retaliatory Actions by Landlords.

This bill requires Transportation Network Companies (TNC) (such as Uber and Lyft) to submit annual reports to the DMV Commissioner regarding the average fare collected from passengers, the total time driven by drivers while transporting passengers, and the total amount earned in connection to pre-arranged rides. Additionally, the bill requires a TNC to disclose to its drivers details about the deactivation process and provide a weekly summary of fares and breakdown. Oppose is the Limited Government Position as this measure further grows the regulatory state, merely serving as yet another government-imposed mandate on rideshare companies.

Increasing Consumer Costs by Imposing New Reporting Requirements on Rideshare Companies.

This bill prohibits the sale of liquid nicotine or nicotine vapor products, such as e-cigarettes, that are not listed on the state directory. To be included on the directory, a product must be authorized or pending review by the FDA. Oppose is the Limited Government Position as tobacco and nicotine usage is an individual liberty which individuals who have reached the age of majority should be able to exercise without unnecessary government restriction.

Infringing Individual Liberties by Prohibiting the Sale of Vapor Products Not Authorized by the FDA.

This bill further expands the types of "consumer transactions" subjected to Virginia's price gouging restriction during disasters. The price gouging restrictions now also apply to transactions such as advertising, leasing, licensing and contract of employment services. Additionally, the bill extends the duration of the price controls by lengthening the period considered as the "time of disaster." Oppose is the Limited Government Position as the free-market plays an essential role during times of disaster by properly allocating scarce resources and incentivizing the shipment and production of additional goods to the disaster zone. Anti-price gouging laws - like all price controls - merely worsen a disaster by encouraging hoarding, creating shortages and disincentivizing the flow of additional goods and relief.

Worsening Shortages During an Emergency by Expanding Draconian Prohibitions on Price Gouging.

This bill expands the current law allowing for the establishment of a community revitalization fund to apply to all localities in the state, instead of only applying to the city of Richmond. The fund is used to provide loans and grants for construction, renovation, or demolition of residential structures, infrastructure improvements, and acquisition of blighted structures. Oppose is the Limited Government Position as the private sector is best equipped to drive residential growth in the state - not central planning by government bureaucrats. Lawmakers should instead empower the free market to increase access and affordability to housing by reducing stringent zoning regulations.

Expanding Cronyism and Fueling Wasteful Spending by Permitting All Localities in the State to Fund Residential Revitalization Projects Through Loans and Grants.

This bill requires state agencies to report "diversity, equity, and inclusion goals" to the Governor's Director of Diversity, Equity, and Inclusion and the General Assembly. Oppose is the Limited Government Position as all government actions should be based on producing the maximum return and value for taxpayers, not advancing political or social agendas.

Wasting Taxpayer Resources by Requiring State Agencies to Submit Politicized Annual Diversity, Equity, and Inclusion (DEI) Reports.

Under current law, only U.S. citizens qualify for positions of chief of police, police officer, deputy sheriff, jail officers, and law-enforcement officer. This bill allows non-citizens who have been granted Deferred Action for Childhood Arrivals (DACA) by Immigration Services to qualify for such positions. Oppose is the Limited Government Position as ensuring public safety is arguably one of the most important roles of government. Service in law enforcement means upholding and enforcing the laws of the nation; non-citizens have not made the necessary oaths to support and defend the Constitution or their allegiance to the United States.

Weakening Public Safety by Allowing Non-Citizens to Serve in Law Enforcement.

This bill permits state and local law-enforcement agencies to place and operate a photo speed monitoring device at a "high-risk intersection segment" for the purpose of recording violations. Oppose is the Limited Government Position as these systems have been abused by countless local governments across the nation to produce revenue, many of which place such devices not at spots closest to schools but at locations most likely to catch speeders. Additionally, the significant increases in automated traffic systems brings up valid concerns regarding civil liberties and the growth of government tracking and surveillance.

Growing the Surveillance State and Authorizing "Taxation through Citation" by Allowing Local Law Enforcement to Deploy Speed Cameras.

This bill amends grants under the Virginia Growth and Opportunity Act and Virginia Investment Partnership Act. Under the bill, the amount of matching funds required for grants to regional economic or workforce development councils is reduced from equal to just half of the grant amount. The bill also eliminates the limit of $1 million annually for recipients of manufacturing and research and development grants, among other provisions. Oppose is the Limited Government Position as this bill worsens corporate welfare and cronyism at the expense of all other industries and taxpayers. The state should eliminate these grant funds entirely and take additional actions to rein in its out-of-control spending, which, when coupled with the over $185 trillion in federal liabilities, represents the greatest existential threat facing this country.

Worsening Cronyism and Government Central Planning Through Changes to the Economic Development Grant Programs which Expand their Issuance.

This bill increases from $5 million to $7.5 million the annual cap that can be claimed by a taxpayer of the historic rehabilitation tax credit. Oppose is the Limited Government Position as this bill fuels cronyism by enriching government-favored taxpayers and diluting the overall tax base. All state and local tax codes should be constructed in a broadly applied manner with the lowest rates possible for everyone.

Worsening Cronyism by Increasing the Historic Rehabilitation Tax Credit by $2.5 Million.

This bill requires the Department of Taxation and the Commission on Local Government to assess the need for lower income tax rates in areas considered "double distressed". This includes certain localities with a significant population decrease since 2013 and also have unemployment and poverty rates above the statewide average. Oppose is the Limited Government Position as all state and local tax codes should be constructed in a broadly applied manner with the lowest rates possible for everyone - not manipulated through central planning by bureaucrats. This measure merely shifts tax burdens to taxpayers in other portions of the state, while failing to address the underlying reasons which may have made a locality distressed such as crime, etc.

Gowing Government Central Planning and Further Distorting the Tax Code through Carveouts to Select Regions of the State.

This bill increases the minimum wage from $12.00 to $13.50 in 2025, and $15 in 2026. Oppose is the Limited Government Position as the minimum wage - like all price controls - distorts the marketplace, increasing unemployment for individuals who lack experience or whose productivity does not meet the higher wage level set by government.

Reducing Employment Opportunities and Driving Up Consumer Costs by Increasing the Minimum Wage to $15 an Hour by 2026.

This bill requires a crew of at least two qualified individuals (union workers) on all trains, locomotives, or light engines used in connection with moving freight. Oppose is the Limited Government Provision as this bill serves to enrich labor unions through costly and unnecessary mandates on the rail industry. Such measure also hinders future railway automation which lowers consumer costs.

Hiking Freight Costs and Enriching Unions by Mandating Minimum Crew Requirements on Railroads.

This bill eliminates the exemption to the state's minimum wage for farm laborers, farm employees and certain temporary foreign workers. Under the bill, the wage level for these positions is set at a minimum of $12 per hour starting July 2024. Oppose is the Limited Government Position as the minimum wage - like all price controls - distorts the marketplace, increasing unemployment for individuals who lack experience or whose productivity does not meet the higher wage level set by government.

Expanding Minimum Wage Mandates to Include Temporary Foreign Workers and Farm Laborers.

This bill requires the Virginia Employment Commission to establish a paid family and medical leave insurance program starting in 2027. The bill provides that the benefit amount is 80% of the employee's average weekly wage, not to exceed 80% of the state weekly wage, which is required to be adjusted annually to reflect changes in the statewide average weekly wage. The bill caps the duration of paid leave at 12 weeks in any application year and provides self-employed individuals the option of participating in the program. Oppose is the Limited Government Position as this government interference drives up employment costs and may come at the expense of job opportunities, higher wages, and other employee benefits. Employers are already incentivized to provide the highest levels of benefits to their employees to retain their top talent and compete in the marketplace.

Increasing Employer Costs and Reducing Employment Opportunities by Mandating 12-Weeks of Paid Family and Medical Leave Insurance.

This bill expands Virginia's overtime law to now include domestic service workers who reside in the household. Domestic workers must be paid an overtime premium at a rate of at least 1.5 times the employee's regular rate for hours worked more than 40 hours in any one work week. Oppose is the Limited Government Position as employees and employers should be free to negotiate their own employment agreements and terms of compensation without undue interference by government. Domestic workers typically receive many other non-traditional benefits such as housing, food, transportation access, etc. This bill will likely result in many families no longer being able to financially support caregivers for children, aging parents, etc.

Reducing Employment Opportunities for Caregivers and Hiking Costs for Families by Expanding Overtime Requirements to Cover Domestic Service Workers.

This bill triples the financial penalties for violations of local zoning ordinances relating to "nonpermitted commercial uses". Localities across the Commonwealth - especially Loudon and Prince William Counties - are known to have some of the most restrictive zoning ordinances in the country. Oppose is the Limited Government Position as, like all government central planning attempts, many of the zoning and land use ordinances enacted across Virginia are overreaching and infringe property rights in the interest of benefitting politically connected developers and landowners. This bill merely serves to intimidate property owners with excessive penalties, and further fuel the government overreach.

Infringing Property Rights by Increasing Penalties for Violations of Virginia's Draconian Local Zoning Ordinances.

This bill allows utility companies to petition the State Corporation Commission for approval of a rate increase to recover the costs of small modular nuclear reactor projects before the project is completed. To protect against boondoggles and other bad investments, existing law required power company to first make the investment and bring the system online before recovering the costs from ratepayers. Oppose is the Limited Government Position as this bill serves as a blank check for utility companies and nuclear energy companies to enrich themselves at the expense of ratepayers. There have been multiple cases in states such as South Carolina, Florida, and Georgia where ratepayers have been forced to pay billions of dollars in higher electricity costs due to boondoggle nuclear power projects. If such a project is not a worthy investment of a utility company or other investors, it is likely not a worthy investment for ratepayers either.

Placing Virginia Electricity Users at Risk of a Boondoggle by Permitting Dominion Energy to Pass Modular Reactor Project Costs onto Ratepayers Before Project Completion.

Governor recommendation to bill allowing Dominion Energy to pass modular reactor project costs onto ratepayers. The governor recommended version lowers the maximum monthly bill increase of the utility's typical residential customer from $1.75 to $1.40 per month. Support is the Limited Government Position as this change is a step in the right direction to protecting ratepayers from higher electricity rates and a potential boondoggle caused by the underlying bill.

Slightly Reducing Higher Energy Rates by Lowering Maximum Monthly Bill Increase for Modular Reactor Project Costs from $1.75 to $1.40 Per Month.

This bill would create the Virginia Clean Energy Innovation Bank, which would be granted the authority to provide public funds, grants, loans, and other financial methods to speed up clean energy projects. Under the bill, eligible projects must promote clean energy, energy efficiency, and water conservation, focusing on projects in low-income areas. Oppose is the Limited Government Position as the free market - not government central planning - is the best mechanism to advance energy development.

Creating the Virginia Clean Energy Innovation Bank to Fund Private Energy Projects.

This bill amends how the State Corporation Commission establishes new energy efficiency savings targets for utility companies. Beginning in 2029, the targets must be set at "the greatest level of energy savings that the Commission finds is feasible and cost-effective." The Commission is required to retain an expert to conduct a study, and utilities are allowed to recover any costs of assisting with the study that the Commission determines to be "reasonable and prudent." Oppose is the Limited Government Position as the free market - not government central planning - is the best mechanism to advance energy development. Utility companies should aim to provide the best service with the lowest rates possible, not focus on advancing environmental and political agendas which ultimately harm ratepayers.

Driving Up Utility Rates by Forcing Power Companies to Meet New Energy Efficiency Targets.

This bill creates a misdemeanor crime for the import, sale, manufacture, purchase, or transfer of "assault firearms" and high-capacity magazines made after July 1. Additionally, the bill creates a new rule banning anyone under the age of 21 from buying or possession "assault weapons" regardless of the manufacture date. Oppose is the Limited Government Position as James Madison and our nation's other founding fathers understood that the right to keep and bear arms is a crucial individual liberty and protects the citizenry against a tyrannical government.

Weakening Second Amendment Rights by Prohibiting the Sale of "Assault Firearms".

This bill prohibits electric, gas, water, and wastewater utilities from disconnecting service to a residential customer for nonpayment of bills or fees during a state of emergency or in extreme temperatures. The bill also prohibits disconnecting service on Fridays, weekends, state holidays, and the day before a state holiday, with notification requirements for customers. Oppose is the Limited Government Position as the rates utility companies charge are all set by the SCC and based on utility company operating costs. This measure further drives up operating costs by limiting the ability of utilities to disconnect for non-payment, thus leading to higher utility bills for all customers.

Hiking Utility Costs by Further Limiting the Ability of Utility Companies to Disconnect Services for Non-Payment.

This bill rejoins Virginia in the Electronic Registration Information Center (ERIC), an organization that has received criticism for claims of improper data usage, the inability to meet information sharing requirements, and funding by sources otherwise prohibited in Virginia elections. Under the bill, the Department of Elections must pay a membership fee of approximately $87,000 and complete an Eligible but Unregistered (EBU) mailing that would cost taxpayers roughly $200,000 every two years. Oppose is the Limited Government Position as this bill undermines safeguards against voter fraud, which are critical aspects of ensuring free and fair elections, an essential component of democracy under our nation's constitutional republic.

Undermining Election Integrity by Re-Enrolling Virginia in the Soros-Funded ERIC Voter Monitoring System.

This bill allows inmates to receive "earned sentence credits" for time served before a conviction, including time spent in state hospitals. The bill also applies retroactively, likely resulting in shorter prison sentences for a majority of inmates in the state. Oppose is the Limited Government position as this bill would likely result in a jailbreak and spiking crime across Virginia. Unfortunately, this bill represents one of many so-called criminal justice "reforms" which have led to skyrocketing crime rates and are being advanced in state legislatures by George Soros and other radical-left billionaires through their funding of advocacy organizations on both sides of the political aisle. It is the responsibility of the government to protect the public and restore law and order by holding criminals accountable.

Threatening Public Safety by Expanding "Earned Sentence Credits" to Now Count Time Served Prior to Convictions.

This bill permits localities to adopt a "healthy communities' strategy". This includes identifying major sources of pollution, identifying policies to mitigate health risks to residents caused by pollution, promoting civic engagement, broadband access, job training, digital literacy, and more. The program may also identify policies that encourage public transit. Oppose is the Limited Government Position as this measure further grows the size and scope of government and will likely lead to the infringement of property rights. While some may argue this bill undermines "local control", our founding fathers only recognized three entities within the U.S. Constitution - federal government, state government, and the individual.

Providing Localities with Superfluous Authority to Adopt Healthy Communities' Strategies.

This bill creates an avenue for class actions that could not be filed in federal court under the Class Action Fairness Act, meaning class actions with an aggregate amount in controversy of less than $5 million or class actions that only involve Virginia plaintiffs and Virginia defendants. Currently, Virginia is one of two states (Mississippi) without state-court class actions. Oppose is the Limited Government Position as this measure encourages frivolous litigation and could create further backlogs in the Virginia legal system, which recently received significant modification.

Increasing Frivolous Litigation and Exacerbating Court Backlogs by Creating a Pathway for Class Action Lawsuits in Virginia State Courts.

This bill increases the maximum salaries for city mayors and councils (by at least 81%) and allows annual increases of up to 5% for inflation. Oppose is the Limited Government Position as this bill massively increases the maximum salaries for elected officials (some over 88%) at the expense of taxpayers. Such hikes are not necessary considering the significant number of individuals seeking the office (elections).

Increasing Taxpayer Costs by Hiking Maximum Salaries for Mayors and City Councils by at least 81%.

This bill creates an automatic process to decrease a defendant's supervised probation period. A defendant's probation is automatically reduced if they meet one of many metrics such as employment or broadly defined educational activities. Oppose is the Limited Government position as this automatic "one size fits all" process prevents probation officers from properly monitoring criminals, thus severely jeopardizing public safety. Unfortunately, this bill represents one of many so-called criminal justice "reforms" which have led to skyrocketing crime rates and are being advanced in state legislatures by George Soros and other radical-left billionaires through their funding of advocacy organizations on both sides of the political aisle.

Threatening Public Safety by Reducing Oversight of Criminals Through an Automatic Probation Period Reduction Process.

This bill stipulates that when a defendant is taken into custody for an alleged technical (probation) violation the court may not impose more than 14 days of active incarceration. If a decision has not been made within 14 days, bail must be provided, regardless of if the defendant is a flight risk or likely to re-offend based on past behavior. Oppose is the Limited Government position as ensuring public safety and protecting property rights serve as essential components of government. Unfortunately, this bill represents one of many so-called criminal justice "reforms" which have led to skyrocketing crime rates and are being advanced in state legislatures by George Soros and other radical-left billionaires through their funding of advocacy organizations on both sides of the political aisle.

Threatening Public Safety by Limiting Incarceration for Probation Violations to 14 Days Regardless of Likelihood to Reoffend.

This bill prohibits localities from requiring that a permit be obtained for the use of a residential dwelling as a short-term rental where the unit is also legally occupied by the property owner as their primary residence. Support is the Limited Government Position as this bill helps strengthen property rights and protects landlords against overreaching local regulations that most often restrict competition and drive-up rental costs. While some may argue this bill undermines "local control," our founding fathers only recognized three entities within the U.S. Constitution - federal government, state government, and the individual. It is not the role for any level of government to unduly infringe the rights of individuals, therefore making preemption measures, such as this bill, necessary.

Strengthening Property Rights by Prohibiting Localities from Mandating a Permit to Offer a Residence as a Short-Term Rental.

This bill requires state entities to give additional weight to projects in low-income areas and those that "incorporate nature-based solutions" when considering funding for projects under the Resilient Virginia Revolving Fund. This fund provides loans and grants to local governments for flood resilience projects. Oppose is the Limited Government Position as while this program should likely be eliminated entirely, at the very least, funds should not be wasted to meet politicized criteria. The state must pursue every available avenue to rein its out-of-control spending, which, when coupled with the over $185 trillion in federal liabilities, represents the greatest existential threat facing this country.

Forcing Taxpayers to Pay for Government-Favored Infrastructure Projects in Low-Income Areas.

This bill requires a mandatory hearing to review reducing sentences for individuals currently incarcerated or on community supervision for felony marijuana convictions. In Governor Youngkin's veto letter, he highlights that dozens of violent offenders, including those convicted for first and second-degree murder, kidnapping, and robbery, would be eligible for a reduced sentence under this proposal, along with hundreds of inmates convicted of fentanyl crimes and felony distribution to minors. Oppose is the Limited Government position as ensuring public safety and protecting property rights serve as essential components of government. Unfortunately, this bill represents one of many so-called criminal justice "reforms" which have led to skyrocketing crime rates and are being advanced in state legislatures by George Soros and other radical-left billionaires through their funding of advocacy organizations on both sides of the political aisle.

Threatening Public Safety by Mandating Incarcerated Felons Receive a Hearing to Shorten their Sentence.

This bill enables an individual permitted by the Federal government to be in the United States for just a limited duration to apply for an original license, permit, or special identification card for the full eight-year term. Additionally, this bill removes the requirement that driver privilege cards have printed restrictions identical to limited duration licenses, used to distinguish between legal and non-legal resident IDs. Oppose is the Limited Government Position as maintaining strong safeguards against voter fraud are critical aspects of ensuring free and fair elections, an essential component of democracy under our nation's constitutional republic.

Weakening Election Integrity by Expanding Non-Citizens Access to IDs.

This bill establishes the Prescription Drug Affordability Board (PDAB), tasked with identifying prescription, generic, and other drugs that are offered for sale in the state and conducting affordability reviews of any prescription drug product. The Board is required to set an upper payment limit (UPL) if they determine that the drug has led to or will lead to an "affordability challenge." State-sponsored and state-regulated health plans and programs would be obligated to limit drug payment amounts and reimbursements to the UPL amount set by the Board. Oppose is the Limited Government Position as this bill represents an egregious interference in the healthcare industry, as pharmaceutical price controls limit access to life-saving treatments and hinders medical innovation.

Creating a Prescription Drug Affordability Board (PDAB) to Implement Drug Price Controls.

This bill lowers from five years to three years the amount of full-clinical experience required before an advanced practice registered nurse (APRN) may practice without a practice agreement. The bill also allows qualified nurse practitioners to attest to qualification of a nurse practitioner. Support is the Limited Government Position as this regulatory relief results in greater access to healthcare and competition which ultimately drives down costs for patients.

Expanding Access to Healthcare and Reducing Costs by Allowing a Greater Number of APRN's to Practice without Physician Oversight.

This bill would require "unconscious bias and cultural competency training" to be added to the continuing education requirements for the renewal of licensure under the authority of the Board of Medicine. Oppose is the Limited Government Position as medical professionals should not be forced to undergo politized indoctrination in order to obtain licensure. This measure is largely designed to enrich leftist entities which provide such a service.

Forcing Medical Professionals to Undergo Politicized Bias and Cultural Competency Training in Order to Renew their Licenses.

This bill no longer requires a tenant to deposit the rent they owe into a court escrow account before they file a noncompliance case against a landlord. Under prior law, a tenant alleging noncompliance such as lack of hot water or a rodent infestation had to first place any outstanding rent into the account prior to filing. Oppose is the Limited Government Position as this measure fuels frivolous claims by devious tenants seeking to abuse the system in order to avoid paying rent. Such a measure also creates further backlogs in the Virginia legal system.

Creating a New Rent Avoidance Loophole for Devious Tenants by No Longer Requiring a Tenant to Deposit Owed Rent into an Escrow Account to File a Noncompliance Case Against a Landlord

This bill legalizes "surrogacy brokers" who help connect would-be parents with prospective surrogates for a fee. Virginia is the only state that criminalizes this practice, making it a Class 1 misdemeanor. Support is the Limited Government Position as this bill serves as a step in the right direction to expanding individual liberties and providing greater options to families seeking surrogacy.

Expanding Individual Liberties and Opportunities for Families by Legalizing Surrogacy Brokers.

This bill, the Virginia Small Business Economic Development Act, legalizes pay-to-play machines and permits the issuance of registrations to skill-game distributors, operators, and host establishments. Under the bill, up to four skill game machines are allowed in any facility with an ABC retail license and up to 10 in any truck stop. A 25% tax is imposed on the revenue generated by each machine, with an expectation to bring in more than $126 million. Support is the Limited Government Position as individuals - not bureaucrats - should have decision rights over how to utilize the fruits of their labor - even when it comes to risky endeavors, such as skill-games.

Expanding Individual Liberties by Legalizing "Skill Game" Betting Machines in Virginia.

This bill establishes a "first-party bad faith law" in Virginia. As a result, an automobile insurer is liable for a double payout of damages, lost income and legal costs to the policy holder if the insurer denies a claim and later found by a court to be liable for the claim and acting in bad faith. A similar policy has been enacted in just a handful of other states and is estimated to increase VA insurance premiums by 14%. Oppose is the Limited Government Position as this measure incentives frivolous litigation and enriches trial lawyers, while making automotive insurance much more costly for all Virginians.

Hiking Auto Insurance Premiums Through a "First-Party Bad Faith Law" which may Subjects Insurers to Double Payouts to Policy Holders.

This bill extends the amount of time from 5 days to 14 days after rent is due that a landlord must wait to begin the legal process to evict a non-paying tenant. Under current law, the eviction process in Virginia takes roughly three to four months. Oppose is the Limited Government Position as this bill weakens property rights and ultimately drives up housing costs for everyone by exposing landlords to greater levels of risk and expense due to tenant non-payment.

Weakening Property Rights and Further Delaying the Eviction Process by Forcing Landlords to Wait 14 Days to Seek Legal Remedies for Tenant Non-Payment (Previously 5 Days).

This bill mandates minimum staffing levels for nursing homes and empowers the State Health Commissioner to impose sanctions, such as restrictions on admissions, and potentially revoke a facility's license for a violation of said sanctions. Oppose is the limited government position as this one-size-fits-all mandate drives up nursing home costs by increasing operating costs for facilities. Instead of imposing new, burdensome mandates, lawmakers should empower the free market to make nursing home care more affordable and accessible by reducing regulations and other anti-competitive measures.

Hiking Nursing Home Costs by Imposing New Government Mandates on Nursing Home Minimum Staffing Levels.

This bill directs the State Corporation Commission (SCC) to adopt "limitations" on the ability of investor-owned utilities to disconnect services for nonpayment. Under the bill, utilities are forbidden from terminating service in cases where the Governor has declared a state of emergency due to a communicable disease public health threat, "during temperature weather extremes," or on a Friday, weekend, holiday, or the day before a holiday. Oppose is the Limited Government Position as the rates utility companies charge are all set by the SCC and based on utility company operating costs. This measure further drives up operating costs by limiting the ability of utilities to disconnect for non-payment, thus leading to higher utility bills for all customers.

Hiking Utility Costs by Further Limiting the Ability of Utility Companies to Disconnect Services for Non-Payment

This bill allows the Attorney General to designate up to 30 members of the Medicaid Fraud Control Unit as sworn investigators. Support is the Limited Government Position as this bill improves the ability to investigate potential Medicaid fraud, which, combined with Medicare fraud, costs taxpayers across the nation more than $100 billion annually.

Strengthening Government Integrity by Increasing the Ability of the Medicaid Fraud Control Unit to Investigate Fraud Within the Welfare Program.

This bill prevents state employees and officers from downloading or accessing TikTok or other applications developed by ByteDance Ltd. or Tencent Holdings Ltd., both Chinese companies, on state devices or networks. Support is the Limited Government Position as the installation of such systems poses a significant and unnecessary threat to state and federal networks. Additionally, state employees should not be utilizing government equipment to access entertainment apps, such as TikTok.

Strengthening National Security by Banning TikTok and Other Chinese Government-Owned Applications from Being Accessed on State-Issued Devices or Networks.

This bill creates the "Electric Vehicle Rural Infrastructure Program" to provide up to $25 million in grants annually to cover 70% of the costs for developers to install electric vehicle charging stations in "distressed localities" to benefit owners of electric vehicles. Oppose is the Limited Government Position as taxpayers should not be forced to fund the amenities of individuals who choose to purchase electric vehicles. It is a role of the private sector - not government - to fund such infrastructure, and this cronyism merely enriches select companies who construct these stations. The state must pursue every available avenue to reign in its out-of-control spending, which, when coupled with the over $185 trillion federal liabilities, represents the greatest existential threat facing this country.

Advancing a Politicized Electric Vehicle Agenda by Forcing Taxpayers to Provide $25 Million Annually to Select Developers for Electric Vehicle Charging Stations.

This bill allows property owners to sue and recover damages from local land use and zoning boards. The bill applies to cases where the enforcement action of a locality was "based upon a willful disregard for applicable law, regulation, or ordinance." Support is the Limited Government Position as draconian land use and zoning laws across the state - especially within Loudon County, VA - have infringed on the property rights of landowners and resulted in high housing costs due to the failures of government central planning. This measure serves as a step in the right direction by providing property owners some protection and ability to combat government overreach.

Ensuring Compensation for Property Owners who are Victim to Unlawful Actions by Land Use and Zoning Authorities. 

This bill allows localities to provide "regulatory flexibility" for an "urban green space," such as city parks, sports fields, and gardens, by allowing reduced permit fees and streamlined permit approval. Oppose is the Limited Government Position as, while reducing regulations is generally positive, this measure may incentivize localities to impose even more draconian regulations, then provide "relief" through this flexibility scheme. Lawmakers should not incentivize even greater central planning through this new tool that may be weaponized by radical environmental activists.

Worsening Government Central Planning Powers by Allowing Localities to Incentivize "Urban Green Spaces" Through Regulatory Flexibility.

This bill, known as the Affordable Energy Act, returns power to the State Corporation Commission (SCC) to review the base rates of utility companies, such as Dominion Energy and Appalachian Power, to ensure they are "just and reasonable". The bill is in response to studies that found the utility companies (government granted monopolies) have overcharged customers by nearly $2 billion. Support is the Limited Government Position as utility companies, which are granted government monopoly powers, should receive heavy review and scrutiny from regulators to ensure they are operating most efficiently and not enriching themselves at the expense of families and businesses through higher electricity rates.

Protecting Electricity Customers by Returning Power to the SCC to Review Rates and Provide Greater Oversight of Dominion Energy and Appalachian Power.

This bill extends any land use approvals (such as subdivision plats) that were approved by a locality as of July 1, 2020 to now be approved through July 1, 2025. The bill is intended to help property owners and developers impacted by the COVID-19 pandemic. Support is the Limited Government Position as draconian land use and zoning laws across the state - especially within Loudon County, VA - have infringed on the property rights of landowners and resulted in high housing costs due to the failures of government central planning. This measure serves as a step in the right direction to ensure property owners who have received approval under these heavy-handed regimes are able to develop their land as they planned.

Protecting Property Rights by Extending the Local Land Use Approvals that Were Valid at the Start of the Pandemic.

This bill clarifies that an employer may appeal a decision by the Department of Taxation (DoT), stating that the DoT misclassified the employers' workers under state labor law. This may occur before the employer is officially debarred from public contracts with the state. Under prior law it was unclear if an employer had this right. Support is the Limited Government Position as this bill strengthens due process while also potentially reducing taxpayer costs through increased competition in the procurement process. The private contracting agreements between employer and workers should not be a concern of the state in the first place, but this bill at least helps provide employers with an avenue to contest the government overreach.

Strengthening Due Process by Ensuring State Contractors Have an Opportunity to Appeal an Employee Misclassification Determination Before They Are Debarred from Public Contracts.

This bill requires any landlord who owns more than four rental units to provide written notice to tenants of any increase in rent at least 60 days before the end of a rental agreement. Oppose is the Limited Government Position as this measure invokes even greater government interference into private contracting agreements while creating additional avenues for frivolous litigation.

Infringing Private Contracting Rights through a New Government Mandate Requiring at Least 60 Days' Notice Prior to a Rent Increase for Residential Units.

This bill creates the "Virginia Business Ready Sites Acquisition Program" to acquire and develop land for private-sector "large-scale economic development projects." The bill requires that these companies pay employees the local prevailing wage. As passed, the bill included the Governor's recommended amendments. Oppose is the Limited Government Position as lawmakers should not further expand the size and scope of government to engage in "economic development". The free-market - not government central planning - is the best mechanism to foster business growth. Additionally, this cronyism enriches select corporations favored by government, while transferring tax burdens to other businesses and individuals by diluting the tax base.

Growing Government Central Planning Powers and Interference in the Private Sector Through a New Bureaucracy Known as the "Virginia Business Ready Sites Acquisition Program".

This bill prevents businesses and organizations from offering disabled individuals employment opportunities that are below the state's $12 an hour minimum wage. Under the bill, the state's sub-minimum wage exceptions are eliminated, thus preventing anyone from performing services and being compensated less than $12 an hour. Oppose is the Limited Government Position as this bill will likely decimate employment opportunities for individuals with disabilities as well as harm the ability of non-profit organizations to provide critical work-based social settings. The minimum wage - like all government price controls - prices individuals out of the market whose skills do not match the state's lofty wage and other employee benefit mandates.

Harming Social and Employment Opportunities for Individuals with Disabilities by Eliminating the Sub-Minimum Wage and Forcing them to Compete at the State's Lofty $12 Minimum Wage.

This bill requires the Department of Social Services to develop an information sheet on SNAP welfare benefits and provide it to school boards. Each school board must ensure that both the information sheet and a free/reduced-price school meal application are sent home with each student at the beginning of the school year. Oppose is the Limited Government Position as lawmakers should not actively work to market and promote the growth of the welfare state. Such actions not only trap even more individuals into government dependency, but further crowd out the role of the charitable and private sector to care for such individuals and help them solve the underlying challenges to become self-sufficient - which government is abysmal at doing.

Growing Government Dependency and Welfare Promotion by Mandating Every School Student is Sent Home with an Application to Obtain Free or Reduced-Price Meals.

This bill requires the Judicial Inquiry and Review Commission to include in their annual report the name of any judge that is determined to have violated the Canons of Judicial Conduct (ethics rules) and received disciplinary action. The specific violation along with the disciplinary action taken must also be publicly disclosed. Support is the Limited Government Position as this measure helps reduce corruption and conflicts of interest by strengthening transparency and accountability while helping ensure government is accountable to the people.

Strengthening Government Transparency through the Public Disclosure of Judges who Violate Ethics Rules.

This bill prohibits the Governor or any other governmental entity from issuing any emergency rule, regulation, or order that impose restrictions on places of worship that are more restrictive than restrictions placed on other businesses, organizations, or activities. Support is the Limited Government Position as this bill protects the religious liberties of individuals during states of emergency. This is particularly necessary following the COVID-19 pandemic, in which many governors across the country restricted religious activities more severely than other types of gatherings.

Strengthening Religious Liberties by Ensuring Places of Worship are Not Subject to Any More Restrictive Government Emergency Order than Any Other Business.

This bill requires the Department of Professional and Occupational Regulation regulatory boards to recognize occupational licenses and certificates held in other states to satisfy Virginia requirements. Support is the Limited Government Position as the private sector, via certifications, rating systems, and the free market, is much better equipped to provide consumer protection while also ensuring competition and low consumer costs. Most government licensing entities are overly restrictive and are largely advocated by special interests seeking to restrict competition in the marketplace.

Reducing Unnecessary and Excessive Barriers to Employment by Allowing the Department of Professional and Occupational Regulation to Recognize Work Licenses from Other States.

Jeremy S. McPike

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