Institute for Legislative Analysis

Mark D. Obenshain

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 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 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 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 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.

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 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 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 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 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 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 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 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 allows all localities in Virginia (previously only certain counties) to levy an additional local sales and use tax, up to 1%, to fund construction or renovation of schools in the state. Under the bill, the locality must propose the new tax through a referendum. Oppose is the Limited Government Position as the state budget already appropriates funding for school construction and this unnecessary measure could subject Virginians to billions in tax increases, while also indirectly releasing funding towards other purposes not related to school construction.

Allowing Localities to Increase Sales Tax Rates to Fund School Construction Resulting in a Nearly $1.5 Billion Annual Tax Increase.

This bill implements firearm storage requirements, stipulating that in homes where a minor or person who is prohibited from owning a firearm resides, firearms and ammunition must be in a locked container, compartment, or cabinet that is inaccessible to such minor or prohibited person. Additionally, the bill requires firearm dealers to post such firearm storage requirements and the penalty for violations. 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.

Growing Government Overreach by Implementing Storage Requirements for Firearms in Residences.

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 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 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 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 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 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 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 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 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 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.

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 creates the "Virginia Power Innovation Fund" to provide taxpayer funds for research and development of "innovative energy technologies." Additionally, the bill enacts a "Virginia Power Innovation Program" to develop a "Virginia nuclear innovation hub" and provide taxpayer-funded grants for purposes such as nuclear research and workforce development. Oppose is the Limited Government Position as taxpayer funds should not be utilized to advance government-favored energy projects. The free-market - not central planning by government bureaucrats - is the best mechanism to direct investment to the most promising and worthy energy projects.

Expanding Cronyism and Wasteful Spending through the Creation of a "Virginia Power Innovation Fund" to Dole out Grants for Government-Favored Energy Projects.

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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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.

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 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 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 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, 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 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 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 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 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 removes the prohibition on carrying most concealed switchblade knives, thus allowing them to now be carried in the state. Support is the Limited Government Position as the bill strengthens individual liberties and the ability for individuals to protect themselves and others.

Strengthening Individual Liberties by Permitting Most Switchblade Knives to be Carried Concealed within the State.

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 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 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 directs the Department of Education to establish a farm to school program task force to work with local school boards, community organizations, and farmers to increase such programs across the state. These programs are designed to increase school purchases of food grown in Virginia, which increases taxpayer costs by forgoing less expensive options. The bill allows the department to "appoint such members as it deems necessary or appropriate." Oppose is the Limited Government Position as this bill further grows government bureaucracy and will likely lead to additional government spending in future years.

Increasing Bureaucracy and Taxpayer Costs by Creating an Unnecessary New Position within the Department of Education to Implement the Farm to School Program Task Force.

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 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 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 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 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 places an additional mandate on drug manufactures. Under federal law, manufactures are forced to provide a certain amount of their drugs at below market rates (aka 340B-covered drugs). Under this bill, in order to obtain a state permit, a manufacture may now also not limit the number of contract pharmacies or covered entities that the manufacture provides 340B-covered drugs. Oppose is the Limited Government Position as this measure further grows government interference in the marketplace and enriches pharmacies by extorting drug manufactures.

Extorting Drug Manufacturers by Forcing them to Expand their Distribution of Discounted Drugs (340B-Covered) to Pharmacies in Order to Operate in the State.

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 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.

Year
2024	100.00	55.56	100.00	85.71	100.00	78.57	100.00	57.14	30.00	100.00
2023	—	57.14	—	77.78	100.00	86.36	100.00	75.00	38.46	78.57

Year	Score	Role	Party	Dist.
2024	77.42	Sen	R	2
2023	77.17	Sen	R	26

Mark D. Obenshain

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