Institute for Legislative Analysis

Daniel W. Marshall III

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 requires each school board to post online a list of all textbooks that will be used in K-12 schools, the standards of learning, and curriculum frameworks. Support is the Limited Government Position as strong parental rights in their child's education is a critical element of a free society. This measure improves transparency and parental oversight of school boards by making it easier for parents to review the curriculum and textbooks used in classrooms.

Strengthening School Transparency and Parental Oversight by Requiring the Textbooks and Curriculum Utilized in Classrooms to Be Posted On-line.

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 reduces the state's effective business tax rate from 6% to 5% while also allowing for new deductions for small businesses. The bill is estimated to provide roughly $450 million in tax relief annually. Support is the Limited Government Position as this bill's broadly applied tax relief is the most effective way to drive the highest levels of economic growth in the state by empowering the free market.

Expanding Economic Growth by Lowering the State's Effective Business Tax Rate from 6% to 5% and Providing Additional Deductions for Small Businesses.

This bill provides for individuals and businesses to be reimbursed for any fines and fees imposed for violations of COVID-19 rules. Support is the Limited Government Position as this bill helps correct the overreaching government actions taken during the COVID-19 pandemic, which harmed individuals and businesses through restrictions and shutdowns.

Reimbursing Individuals and Businesses for Fines and Fees Imposed on Them as the Result of Overreaching Government Actions During the COVID-19 Pandemic.

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.

The Scott amendment to Item 4-5.04 #3h in the annual appropriations bill. This motion blocks the amendment, which allows state funds to be used for abortions when the fetus has been diagnosed with certain fetal abnormalities, which was permitted under existing state law. Support is the Limited Government Position as it is not the role of government to promote abortion and force taxpayers, many of whom may have strong religious objections, to fund abortion.

Blocking Unnecessary Spending within the Budget - Taxpayer Funded Abortion for Fetal Abnormality Diagnoses.

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 creates the "Cloud Computing Cluster Infrastructure Grant Fund" to provide grants to companies that invest at least $50 billion and create at least 1,500 full-time jobs. Additionally, the bill allows for an extension of the sales and use tax exemption for computer equipment and enabling software used in data centers. 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. The central planning and tax cronyism enacted under this measure provides special benefits and advantages to certain industries and individuals - such as Amazon and Jeff Bezos - while shifting tax burdens onto small business and other taxpayers.  Instead, lawmakers should instead provide a broad tax cut across all industries, which will allow the free market to provide far greater job and business growth.

Expanding Cronyism by Providing Hundreds of Millions of Dollars in Corporate Welfare to Amazon and Jeff Bezos through the Extension of the Data Center Sales Tax Exemption.

This bill directs the Department of Social Services to provide additional information to food banks.  This information includes "outreach opportunities for providing food assistance" under the SNAP welfare program and details on how to enter into a contract with the Department to provide assistance. 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 crowds out the charitable and private sector, reducing their ability to care for individuals in need. The private sector is best equipped to help solve the underlying challenges for individuals to become self-sufficient - which government is abysmal at doing.

Growing Government Dependency and Welfare Promotion by Mandating Food Banks Receive Information on SNAP Welfare Benefits Including Contracting with the State for Assistance.

This bill establishes new regulations on the business agreements between soft drink companies and bottlers who sell the products. Under the bill, soft drink companies must now accept the transfer of a bottlers business to another entity and agree to transact with the new entity unless the soft drink company shows in writing the new entity does not meet its qualification requirements. Oppose is the Limited Government Position as this bill utilizes the power of government to interfere in private contracting agreements to provide more favorable outcomes to one party (bottlers) over another party (soft drink companies). Lawmakers should not further expand the size and scope of the regulatory state to interfere in the free market.

Infringing Private Contracting Rights by Imposing New Government Mandates on the Business Agreements Between Soft Drink Companies and Bottlers.

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 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 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 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 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 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 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.

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 requires any landlord of an apartment complex who decides not to renew either 20 or more month-to-month tenancies (or more than 50% of their tenancies) to provide the tenants at least 60 days' notice. 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.

Weakening Property Rights by Imposing a New Mandate on Apartment Complexes Requiring 60 Day Notice if They Wish to Not Renew Multiple Tenant Leases.

This bill prohibits any public elementary or secondary school student from being suspended or expelled from school without first implementing at least one "evidence-based restorative disciplinary practice," such as community service, mentoring, and peer mediation. Oppose is the Limited Government Position as this bill worsens educational outcomes for all students by making it more difficult to remove individuals who threaten the safety of other students and disrupt productive learning environments.

Jeopardizing Student Safety and Effective Learning Environments by Implementing Barriers to Expelling Students for Violent and Threatening Behavior.

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%.

Amendment 103 #7h to the appropriations bill provides $10 million in competitive grants to expand availability of early childcare centers in the state, prioritizing projects using under-utilized space in community colleges. Oppose is the Limited Government Position as this measure fuels cronyism by enriching select childcare centers through taxpayer funded grants. Lawmakers should instead empower the free market to make childcare affordable and accessible by reducing onerous regulations.

Worsening Cronyism by Providing $10 Million in Grants for Select Childcare Centers.

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 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 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.

This bill expands eligibility for the state's school choice scholarship program and increases the tax credit for donations under the Education Improvement Scholarships Tax Credit Program from 65% to 100% of contributions. Support is the Limited Government Position as this bill improves educational outcomes for all students by fostering competition and a market in education, which encourages schools to provide the best education so they can attract parents to enroll their child and receive the associated funding.

Improving Educational Outcomes by Expanding Eligibility and the Size of the State's School Choice Scholarship Program.

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 reduces the top income tax rate from 5.75% to 5.5% and increases the standard deduction to $9,000 for single taxpayers ($18,000 for married). Support is the Limited Government Position as this bill's broadly applied tax relief expands economic growth by ensuring a larger amount of capital remains in the private sector where it can be better invested. This also boosts the disposable incomes of families.

Expanding Economic Growth by Lowering the Top Income Tax Rate from 5.75% to 5.5% and Raising the Standard Deduction to $9,000.

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 "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 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 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 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 the "Dairy Producer Margin Coverage Premium Assistance Program Fund", which utilizes taxpayer funds to cover the premium dairy farmers pay under the federal Dairy Margin Coverage Program. This program, heavily subsidized by federal taxpayers, provides insurance for dairy farmers if the price of milk drops. Oppose is the Limited Government Position as taxpayers - at any level of government - should not be forced to subsidize the dairy industry. All industries and businesses have unique risks and challenges and it is not the role of taxpayers to subsidize or bailout any industry.

Further Enriching Dairy Producers by Forcing Taxpayers to Pay the Fee Producers are Supposed to Pay Under the Crony Federal Dairy Producer Margin Coverage Welfare Program.

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 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 provides that campground and campsite owners are not liable for injuries that are the result of "inherent risks of camping," such as natural conditions, wild animals, and fires. Support is the Limited Government Position as this bill reduces frivolous lawsuits for injuries or damages that are beyond the control of campground owners.

Protecting Campground Owners from Frivolous Litigation by Establishing Liability Protections from Incidents Inherent to Camping that Are Outside of Their Control.

This bill allows most state agency employees to store a firearm and ammunition in a locked vehicle at their workplace and invalidates any prior, conflicting regulations or rules. The bill does not apply to the Department of Corrections, Department of Juvenile Justice, Virginia Port Authority, or a public institution of higher education. Support 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 helps reduce unnecessary barriers for lawful individuals wishing to exercise their Second Amendment rights, barriers that do nothing to deter criminals from engaging in unlawful behavior.

Strengthening the Second Amendment Rights of State Agency Employees by Permitting Firearms to be Stored in Locked Motor Vehicles at Most Government Workplaces.

This bill creates the "Precision Plastic Manufacturing Grant Fund" to provide up to $56 million in grants to the Denmark-based Lego company to help pay for its manufacturing and distribution facility in Chesterfield County. Oppose is the Limited Government Position as this cronyism enriches a foreign-owned company at the expense of other small businesses and taxpayers. Instead of this government central planning scheme, lawmakers should have empowered the free market to provide much greater amounts of economic growth by lowering taxes for all companies through measures like HB 2138.

Expanding Cronyism and Enriching Woke Corporations by Providing $56 Million in Corporate Welfare to the Foreign-Owned Lego Company.

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.

The Kilgore amendment 114 #2h to the appropriations bill. This amendment provides $5 million to the Virginia Tourism Authority for the Ladies Professional Golf Association's (LPGA) 2024 Solheim Cup. Oppose is the Limited Government Position as the free market - not central planning by government bureaucrats - is the best mechanism to select the most desired events and provide the necessary funding (via tickets and other user fees). The state must pursue every available avenue 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.

Fueling Out-of-Control Spending by Adding $5 Million for a Golf Tournament in the Appropriations Bill.

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 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, 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.

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 contains several provisions designed to strengthen parental rights in education. For example, the bill requires that public K-12 schools make available to parents a list of all materials in the school library, identify materials containing graphic sexual content, and allow parents to restrict their child's access to such materials. Support is the Limited Government Position as strong parental rights in their child's education is a critical element of a free society. This measure ensures parents retain the right to direct their child's upbringing. This is especially important when discussing sensitive topics, which is something parents should be doing, not government employees.

Strengthening Parental Rights by Requiring Graphic Sexual Content in School Libraries and Classrooms be Highlighted to Allow Parents to Restrict their Child's Access.

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 largely bans the ability of individuals to build their own firearms by criminalizing the import, purchase, sale, or transfer of any unfinished frame or receiver, or any firearm without a valid serial number. 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 Banning Home-Crafted Firearms.

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.

his 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 allows surgical assistants to immediately practice for up to 6 months following graduation from a training program while awaiting the results of a national certification examination. The bill also provides additional pathways for surgical technologists to satisfy educational requirements, including apprenticeship programs and hospital training programs. Support is the Limited Government Position as this bill helps combat hospital staffing shortages by providing regulatory flexibility and reducing barriers to employment.

Combatting Hospital Staffing Shortages by Permitting Surgical Assistants to Begin Practice Immediately Following Graduation from a Training Program Under Certain Conditions.

This bill allows property owners who successfully appeal a "stop work order" (an order to stop construction) issued by a locality to recover court costs and attorney and witness fees from the locality. Support is the Limited Government Position as this bill helps combat and dissuade government overreach by holding government accountable for its overreach. Additionally, the bill helps lessen the financial burden placed on property owners due to the wrongful actions of government bureaucrats.

Combatting Government Overreach by Requiring Localities to Reimburse Property Owners Legal Costs for Successfully Challenging Stop Work Orders.

This bill establishes the Virginia Sports and Entertainment Authority as a political subdivision to finance the construction of a sports and entertainment campus in Alexandria, Virginia. Under the bill, Authority members would hire independent contractors, enter contracts, acquire property, borrow money, and issue bonds for up to 40 years. The bill is estimated to provide a $1.5 billion subsidy for billionaire Ted Leonsis who owns the Washington Capitals and Wizards and is seeking to construct a new stadium in Potomac Yard. Oppose is the Limited Government Position as it is the role of the free market - not the government - to coordinate and finance the construction of sports facilities and entertainment centers. This cronyism further enriches billionaires such as Leonsis at the expense of other everyday Virginians.

Indebting Taxpayers and Growing Government Central Planning by Creating a New Public Entity to Construct a Sports and Entertainment Campus in Alexandria which will Enrich Billionaire Ted Leonsis.

This bill allows pharmacists to initiate treatment and administer medications, including certain controlled substances, for the flu, strep throat, COVID-19, and urinary tract infections. Support is the Limited Government Position as this bill increases healthcare access and lowers costs by providing additional options for individuals seeking treatment.

Increasing Healthcare Access by Expanding Pharmacist Scope of Practice to Include Testing and Treatment of Certain Infections.

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 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 reduces the tax rate on cigars from 20% to 10% or 30 cents per cigar, whichever is less. The bill is in response to the failure of previous tax codes, which subjected higher cost "premium cigars" to extremely high levels of taxation. Support is the Limited Government Position as tobacco usage is an individual liberty that should not be punished by "sin taxes." While all cigars should be subject to merely the state's standard 6% sales tax, this bill at least serves as a step in the right direction.

Reducing Excessive Taxation on Cigars by Establishing a 30 Cent Per Stick Tax Cap.

This bill establishes a new health insurance mandate concerning mental health. It requires all healthcare policies offered in the state to provide coverage for "mobile crisis response services" and "support and stabilization services provided in a residential crisis stabilization unit". Furthermore, the coverages provided for these services must be equal as in-office settings. Oppose is the Limited Government Position as each and every health insurance mandate or price control 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 Insurance Premiums by Mandating all Insurance Plans Now Provide Coverage for "Mobile Crisis Response Services" Concerning Mental Health.

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.

The Scott amendment to Item 137 #1h in the annual appropriations bill. This motion blocks the amendment, which adds $270 million to the budget for "support" staff positions in schools. Support is the Limited Government Position as this amendment massively increases taxpayer spending on education and further highlights the need for school choice.

Blocking Runaway Spending within the Budget - $270 Million in Unnecessary Spending for "Support Staff" in Schools.

This bill imposes further costs and restrictions on the sale and use of liquid nicotine and nicotine vapor products. Under the bill, nicotine vapor products may not be sold to individuals under the age of 21, with new penalties enacted for underaged sales, including a $10,000 fine and revocation of a distributor's license. The bill also prohibits internet sales of liquid nicotine or nicotine vapor products, except to a retail dealer, and prohibits the sale of such products in vending machines. Compliance checks are required every 24 months on related retailers. Lastly, the bill implements a $0.666 per milliliter tax upon liquid nicotine in closed systems and a tax on open systems of 20 percent of the wholesale price starting in 2024. 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.

Hiking Taxes on Liquid Nicotine Products and Further Infringing Individual Liberties.

The Scott amendment to Item 408 #1h in the annual appropriations bill. This motion blocks the amendment, which adds $10 million to the budget bill to create the Office of Safer Communities within the Department of Criminal Justice Services. The funds are to be utilized "to support holistic, community-based strategies that address the root causes and conditions of community violence." Support is the Limited Government Position as this amendment wastes millions of dollars in taxpayer funds to create a new bureaucracy surrounding community groups and criminal justice reform. Additionally, the so-called criminal justice "reform" agenda has led to skyrocketing crime rates and is being advanced in state legislatures by left-leaning billionaires through their funding of liberal - and even some conservative - advocacy organizations.

Blocking Wasteful Spending within the Budget - Creation of an Unnecessary New Bureaucracy Surrounding Community Groups and Criminal Justice Reform.

This bill, as originally passed, required the Commonwealth Transportation Board to use up to 30% (about $8 million according to estimates in the bill's fiscal note) of the funds available to the Transit Ridership Incentive Program to improve bus passenger facility accessibility and purchase zero-emission public transportation buses and infrastructure. Oppose is the Limited Government Position as this bill designates millions of dollars for the purchase of zero-emission buses in order to advance a politized environmental agenda. While the government should not be operating a bus system in the first place, at the very least, state bus procurement should be based on the most economical vehicles for taxpayers.

Advancing a Politicized Environmental Agenda at the Expense of Taxpayers by Directing $8 Million in Funding for Purchases of Electric and Zero-Emission Public Transportation Busses.

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 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 fingerprints to be submitted with an application for a concealed handgun permit or a renewal of such permit. While the bill mandates the fingerprints collected must be destroyed by the state, the Federal Bureau of Investigation (FBI) retains these fingerprints for the individual's lifetime. 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 threatens the privacy rights of individuals exercising their second amendment rights and imposes a superfluous restriction to gaining a firearms permit.

Implementing Superfluous Fingerprint Requirements on Applicants for Concealed Handgun Permits.

This bill requires the Department of Elections to update its list of registered voters monthly by utilizing change-of-address information from the U.S. Postal Service, up until 90 days before a federal primary or general election. Support is the Limited Government Position as maintaining safeguards to prevent voter fraud are critical aspects of ensuring free and fair elections, an essential component of democracy under our nation's constitutional republic.

Strengthening Election Integrity by Requiring Voter Lists be Updated 90 Days Prior to an Election with Change of Address Information from the U.S. Postal Service.

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.

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 prohibits local governments across the state from imposing any ordinances that restrict a consumers ability to access the energy source of their choice, including natural gas, hydrogen, and propane. As a result, the bill would preempt bans on natural gas hook-up and all-electric building codes. Support is the Limited Government Position as several local governments across the country, in order to advance a politized environmental agenda, have infringed on the rights of their residents to utilize natural gas. While some may argue this bill undermines "local control", our founding fathers only recognized three entities within the U.S. Constitution - the federal government, the state government, and the individual. It is not the role of any level of government to unduly infringe on the rights of individuals, therefore making preemption measures, such as this bill, necessary.

Protecting Consumer Choice by Prohibiting Local Governments from Imposing All-Electric Building Codes and Anti-Natural Gas Ordinances.

This bill requires all voters to present a photo-id when casting a ballot by eliminating a provision under previous law which allows individuals to circumvent the id requirement if they sign a statement instead. Under the bill, voters who do not present a photo-id will only be permitted to cast a provisional ballot. The bill also eliminates voter confirmation documents, utility bills, bank statements, paychecks, and other similar documents as acceptable forms of identification. Support is the Limited Government Position as maintaining safeguards to prevent voter fraud are critical aspects of ensuring free and fair elections, an essential component of democracy under our nation's constitutional republic.

Strengthening Election Integrity by Requiring Presentation of a Photo-ID when Casting a Ballot.

This bill eliminates permanent absentee voting lists and instead requires voters to apply to vote absentee each election. The bill also directs absentee ballot applications to include a request for a voter's name, date of birth, and last 4 digits of their social security number. Finally, the bill requires mailing of ballots to be discontinued if a voter moves to a different county or city. Support is the Limited Government Position as maintaining safeguards to prevent voter fraud is a critical aspect of ensuring free and fair elections, which is an essential component of democracy under our nation's constitutional republic. While no-excuse absentee voting continues to present opportunities for voter fraud, this bill represents a step in the right direction toward improving election integrity.

Year	Score	Role	Party	Dist.
2024	62.82	Del	R	49
2023	72.50	Rep	R	14

Year
2024	100.00	44.44	100.00	100.00	80.00	44.44	83.33	50.00	30.77	100.00
2023	100.00	50.00	100.00	66.67	100.00	63.16	100.00	50.00	75.00	0.00

Daniel W. Marshall III

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