2019 Va. General Assembly Q&A - Henrico delegation

State legislators have returned to Richmond for a short session of the General Assembly, during which they will decide what to do with a surplus of funds and how to amend the state budget; whether to make changes to enhance school safety and to the the state’s redistricting process; and what action to take on gambling, transportation, campaign finance and numerous other proposals.

The Henrico Citizen invited each delegate and state senator whose district encompasses a portion of Henrico to provide their thoughts about the 2019 session. The answers of those who responded appear below.

1. What is the most important issue facing the General Assembly this year? Why?

Adams – Conformity with the tax code changes that have resulted from the Federal Tax Cut and Jobs Act (TCJA). The decision made by the legislature with have ramifications for years to come.
Bagby – There are several: addressing challenges associated with fair and affordable housing, criminal justice reform and ensuring that every Virginian pays no more than their fair share in taxes.
Dunnavant – Healthcare costs and access to affordable health insurance are the most important issues before the General Assembly this year because they are real, everyday concerns for every single Virginian. Last year’s session evolved our healthcare model through the expansion of Medicaid. This year, we must focus on practical solutions to deliver more affordable options for small business owners and independent contractors and to bring needed transparency in medical billing.
Ingram – The most important issues facing the General Assembly this year are 1) The budget 2) How we spend the taxpayers’ money and 3) The tax break for all tax payers.
McClellan – How the General Assembly responds to two significant changes in tax law will determine the size of the state’s budget and amount we have to spend on our priorities. First, we must decide whether to conform in full to the federal definition of adjusted gross income as altered by the Tax Cut and Jobs Act of 2017. We routinely vote every year to conform Virginia’s AGI definition to the federal definition early in session to allow Virginians to take advantage of the changes when they file their state tax returns. Second, the U.S. Supreme Court’s decision in South Dakota v. Wayfair decision overturned a rule that states could not require out-of-state sellers lacking a physical presence in-state to collect sales tax from the purchaser. Virginia law currently requires buyers to report purchases from these sellers on their state income tax return and pay a use tax, but very few do. The Department of Taxation will not begin collecting sales tax on such out-of-state purchases until we pass legislation authorizing them to do so.
McGuire – The governor has submitted a budget with a $1,200,000,000 tax hike [over two years] and spending plan. This will result in hundreds of dollars in additional taxes for Virginia families. The governor's plan also takes away the possibility for Virginians to deduct mortgage interest, property taxes, or healthcare expenses. I will vote against the Democrats’ tax hike on 600,000 Virginians and ensure that the tax cuts done at the federal level will be implemented at the state level. Under Governor Northam and the Democrats’ plan the average Virginia family will be taxed an additional $805.The Republican plan will provide an additional $115 dollars in tax relief if they choose to file under the standard deduction.
Rodman – The biggest issue facing the General Assembly this session is tax conformity. Changes were made at the federal level and now Virginia must decide whether to adopt the federal changes. I believe Virginia should conform for the 2018 tax year which will enable everyone to get their taxes done on time and without a penalty. From there, we should look ahead to the 2019 tax year and decide if conformity worked for the taxpayers in the previous filing year and make accommodations accordingly.
VanValkenburg – The most important overarching issue facing the General Assembly this year is how we address tax conformity and, with it, the governor’s budget proposals. First, tax conformity. Virginia traditionally conforms its own tax code to the federal tax code, which means we mimic federal definitions and policies. Conformity makes Virginia tax filing much simpler for individuals and is an important factor in making us a state where it is easy to do business. Changes in the national tax code mean we have to make changes in our tax code to bring it back into conformity. With these changes, along with some revenue the state has gotten from other sources, Virginia can provide tax relief to many people, boost our state’s reserve funds, and make investments in key areas like education and rural broadband.

2. What legislation do you plan to introduce during this year’s session?

Adams – Four bills address state government function – two address tax conformity, one addresses leadership and stability by allowing consecutive terms for the Governor, but limits to two terms; one establishes a public/private think tank to make policy recommendations related to resource utilization focused on wellness and opportunity. Two bills are within the health arena, increasing access to dental care for individuals with developmental disabilities, and allowing interagency information sharing when investigating nursing and nursing aide programs. Two bills are Richmond-specific one relating to ethics, lobbying, and former employees, and the other clarifying court jurisdiction.
Bagby – My legislative priorities for the 2019 General Session include: Establishing the Virginia African American Advisory Board; directing the Department of Education to study the teacher licensing process and assessment requirements for any inherent biases that may prevent minority teacher candidates from entering the profession; changes to the definition of “adverse action” through revisions to the fire insurance policy chapter and liability insurance chapter to clarify that a notice must be given to the consumer when an action is taken based on the consumer’s credit information that places the consumer in a worse position than he would have been if the credit information had not been considered (e.g. a higher premium, a higher tier); establishing “one-stop” sites for same-day voter registration and early voting; removing the prohibition for individuals who have been convicted of drug-related felonies from receiving food assistance; providing localities the ability to provide a waiver of fees for private-sector entities associated with the construction and renovation of housing for the purpose of affordable housing development.
Dunnavant – My focus this year, and each year I’ve served my district, is on ensuring that our state government creates opportunity for our citizens through the responsible use of our tax dollars. My proposals include reforming healthcare in order to expand access to lower cost insurance for businesses and families, streamlining accreditation for academic degrees and professional certification through an online portal that offers clear information on education requirements and cost, and enhancing early childhood education statewide by rewarding and replicating effective
instruction models. I am especially proud to champion a focus on school safety - using resources already allocated in our state budget, we can expand access to a reporting and mental health hotline for every student in Virginia.
Ingram – I personally think we have enough laws on the books now. However, I do have one that says if a sports car comes from the factory without a front license plate bracket, the owner would be exempt from having a front license plate (example: Corvette).
McClellan – I’ve introduced over 20 bills, which you can find summarized on my webpage at www.jennifermcclellan.com or follow at lis.virginia.gov. One of my bills, SB 1107, addresses the school-to- prison pipeline by eliminating the misdemeanor charge of disorderly conduct, which solely applies to the behavior of a minor at a school or school-sponsored event. Virginia leads the nation in student referrals from schools to law enforcement, with a disproportionate impact on African-American students and students with disabilities. Children were often referred to law enforcement as a result of minor behaviors such as using a cell phone, kicking trash cans, yelling, or using foul language. Such behavior should be handled through the school discipline process, not the criminal justice system. We will also address budget amendments to give schools more of the support personnel and resources they need to address such behaviors without criminalizing them.
McGuire – I have submitted several bills including legislation to support our teachers, the Porch Piracy Prevention Act to increase penalties for stealing packages from porches, to increase human trafficking penalties, to further penalize and protect against elder abuse, and to improve tech education for our students. I have put in a bill to create a special license plates supporting teachers, and need 450 sign-ups by January 31st to make it a reality. To sign up, follow this link: tinyurl.com/y8zrfad6
Rodman – I have introduced legislation that focuses on education, mental health education, consumer protection, local business development, and helping seniors and the disability community. In order to avoid a ‘Virginia College’ situation, my bill, HB 2236, is a bill to protect students from predatory for profit and non-profit institutions. This bill would allow for a student with a grievance against an institution to seek alternative recourse rather than going straight into arbitration. I have been working closely with the Student Borrower Protection Center, the Virginia Poverty Law Center, State Council for Higher Education in Virginia, Department of Education, and Virginia 21 on this legislation.
VanValkenburg – I am introducing 14 bills this session, some major and some minor. The most major bills fall into three different categories – education, easier voting access for Virginians and economic opportunity and government reform. One bill mandates coordination through memorandums of understanding for all localities that use school resource officers, and a requirement that those memorandums be revisited every two years (HB 2291). Another will require that localities collect data on what interaction school resource officers are having with students (HB 1873). Another bill would require public schools and universities to provide access to voter registration forms and information to any student who requested them (HB 1795). Another would ban non-compete agreements in contracts for low-wage workers (HB 1792).

3. Virginia could receive more than $1 billion in federal tax dollars, and state tax receipts may be more than $600 million over projections. What should the state do with this money?

Adams – The money referenced is a product of the TCJA resulting in the “windfall.” If it is determined that we should conform, it seems prudent to split these monies equally between the lower- and middle- income tax payers and put one third in savings. This would make a portion of the Earned Income Tax Credit (EITC) refundable, increase the standard deduction and add to the rainy-day fund.
Bagby – I believe it is responsible to first look at who benefited from the federal tax cuts that created additional funds at the state level. Because corporations and those in higher income brackets saw a disproportionate benefit, I think it is only fair to provide targeted tax relief to the hard-working men and women in the middle class who were not helped by the federal government. I also think we should make investments in key priorities that were cut in the Great Recession and have never recovered, especially teacher pay, school funding, affordable housing, and economic development.
Dunnavant – The state should return this surplus to the taxpayers of Virginia. I trust our citizens with their own earnings and I believe that returning the tax surplus will stimulate our state and local economies by allowing our citizens the choice to spend in their communities or save for the future.
Ingram – I feel that the federal tax dollars and the state tax receipts received by Virginia should go back to the people that paid the taxes.
McClellan – Virginia is not fully funding its share of our K-12 public education needs, and the quality of our education system is suffering as a result. Our teachers and other education professionals need a pay raise. Too many old school buildings need to be renovated or replaced, as many face issues from broken HVAC systems to mold. We need to lift the 2009 recession-era cap on support personnel and fund the recommended staffing levels for school counselors, nurses, mental health professionals, assistant principals, social workers. These are just a few of our K-12 education funding needs.
McGuire – Amend the code to ensure 600,000 Virginians that would be hit with this tax increase are safe from the Democrats’ money grab. I will always fight to help the citizens of this Commonweath to keep more of their hard earned money.
Rodman – The Commonwealth should, first and foremost, be fiscally prudent and put the money into the cash reserves and rainy-day fund. Additionally, there should be targeted tax relief for Virginians who were not helped by the federal tax changes. Lastly, there are several compromises the legislature could reach in terms of investing the funds in programs like educational priorities and supporting the developmental disability waiver program.
VanValkenburg – There will be a lot of debate and compromise as we move through the session but a successful budget agreement includes three parts. First, we should provide tax relief to those who did not benefit from last years changes in federal taxes. Second, we should put money away in the reserve fund. This is fiscally responsible and helps us keep our AAA bond rating. Third, we should invest in the areas that help all Virginians and build up our middle and long term economic development. The highest-profile such areas are public education, workforce development resources, and rural broadband access expansion.

4. A number of bills propose changes to Virginia's campaign finance laws. Do you support any of these? If so, which ones? If not, why not?

Adams – There are quite a few. I support any change to the campaign finance laws that increase transparency, make the rules clearer, and prevent a misuse of funds.
Bagby – I support changes to Virginia’s campaign finance laws. Bans and/or limits must be placed on both corporate and individual contributions.
Ingram – I support the bills that pertain to personal use of campaign funds. You cannot use campaign funds for personal use, period!
Dunnavant – Because these proposals are sure to change in the committee process, I would need to see final bill language before specifying a position. I believe that local and individual contributions should be meaningful in the support of candidates because I believe that candidates should resonate with the constituents and voters of their own communities.
McClellan – I am open to campaign finance reform so long as it does not reduce transparency or limit the pool of individuals who can run for office to those wealthy enough to self-fund.
McGuire – I support not restricting the First Amendment and I support full disclosure. Virginia currently abides by both.
Rodman – I support campaign finance reform.
VanValkenburg – Virginia is the only state in the nation that doesn’t put an upper limit on maximum total donation amounts from individual people, companies, or Political Action Committees. I think it’s past time to adopt a reasonable limit on the total amount any person, company, or political organization can give to a candidate’s campaign in one year – there’s a reason every other state and the federal government have such limits.

5. Which education bills do you expect to support this term and why?

Adams – There are many education bills; I look to support increasing resources, financially or otherwise that enable the services necessary to ensure our children receive affordable, quality education from pre-K through college or trade-school.
Bagby – HB2216: creates a tax credit for a business that hosts a junior or senior in a Richmond City Schools high school as an intern in a STEM or high-demand field for a semester during the 2019-2020 or 2020-2021 academic year. HJ693: requests the Department of Education to study the existing impediments to gathering information about disabilities for which a student would not qualify for an Individualized Education Program or Section 504 Plan. HB1793: requires every public school to provide the parents of enrolled students with at least 24 hours notice before the school conducts any lock-down drill.
Dunnavant – I support virtual education across Virginia in order to promote the best learning opportunities for our students and to propel them towards greater achievement in our workforce. Likewise, I am advocating for meaningful early childhood education to be available to every young Virginian – for their own fulfillment and benefit and for the obvious positive outcomes to their future in our shared economy. Foremost, I support the security of our school environments and the safety of every campus and student in Virginia.
Ingram – I will support HB-1752: Election day; school holiday.
McClellan – I support any legislation that will strengthen our K-12 education system and expand access to high quality early-childhood education. My SB 1433 will begin collecting data to inform policies to improve our teacher preparation programs. My SB 1440 will incorporate mental health into the K-12 curriculum in all grades.
McGuire – I am carrying legislation that would honor teachers’ hard work and dedication to molding the minds of the next generation of Virginians with HB 1805 creating a Virginia Loves Teachers license plate. We need 450 signatures to DMV by January 31st so please type this link in your phone and sign up: tinyurl.com/y8zrfad6. I am also carrying HB 2013 which asks the Virginia Department of Education to establish criteria for designating schools as Cyber Centers of Excellence. This bill will help identify middle and high school children with aptitude and interest in technology and will allow us to foster that interest and give them the skills needed to enter the 21st century workforce.
Rodman – I believe this is the year that the legislature should come together for our teachers. I support bills that would enable our teachers to have more autonomy in the classroom. I plan to support Delegate McQuinn’s HB 2053 to reduce the student to counselor ratio (the 1:250 bill), HB 2384 sponsored by Delegate Hope to prohibit tobacco and nicotine vapor products on school property (like Juuls). In higher education I support bills that would protect our students from predatory lenders and schools and provides for more transparency in the financial aid process like Delegate Reid’s HB 1704.
VanValkenburg – In education I am focusing on two topics: school safety and teacher retention. School counselors and support staff are an important part of safety and support for students. I was excited that the governor proposed a budget amendment that will eventually get us to a 1:250 ratio for school counselors, the recommended national ratio for counselors. With regards to retaining trained teachers, I introduced two bills. HB 2162 would require all teachers to have one planning period per week that isn’t encumbered by meetings, lunch monitoring duty, or any other specific task. HB 2638 would create a commission of teachers that meets once a year to review new Virginia Department of Education regulations.