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ACROSS SESSIONS
- Subject Index: Since 1995
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Developed and maintained by the Division of Legislative Automated Systems.
2016 SESSION
Co-Chair: Thomas K. Norment, Jr. - Co-Chair: Emmett W. Hanger, Jr.
Clerk: Patty Lung
Staff: Lisa Wallmeyer, Nicole Brenner
Date of Meeting: March 2, 2016
Time and Place: 9:00 a.m. - Senate Room B
Revised to add HBs 760, 858 & 1017
Patron: Bell, Richard P.
Virginia Virtual School established. Establishes the Board of the Virginia Virtual School as a policy agency in the executive branch of state government for the purpose of governing the full-time virtual school programs offered to students enrolled in the Virginia Virtual School. The Secretary of Education is responsible for such agency. The 13-member Board is given operational control of the School and assigned powers and duties. The bill requires the School to be open to any school-age person in the Commonwealth and provide an educational program meeting the Standards of Quality for grades kindergarten through 12. The bill requires the average state share of Standards of Quality per pupil funding for each enrolled student to be transferred to the School.
Patron: Greason
Mixed-Delivery Preschool Services Fund and Grant Program established. Establishes the Mixed-Delivery Preschool Services Fund and Grant Program for the purpose of awarding grants on a competitive basis to urban, suburban, and rural community applicants to field-test innovative strategies and evidence-based practices that support a robust system of mixed-delivery preschool services in the Commonwealth. The bill requires the Virginia Early Childhood Foundation to administer a request for proposals process to invite community applicants to respond with localized innovations and approaches to a mixed-delivery preschool services system and a review and selection committee consisting of representatives of the Department of Education, the Virginia Early Childhood Foundation, and the House Appropriations Committee to award two-year grants to six applicants in each year of the 2016-2018 biennium, giving priority to applicants who (i) commit to pursuing models of local governance that promote the successful mixed delivery of preschool services, (ii) compare classroom and child outcomes among teachers with different credentials and qualifications, (iii) utilize incentives to encourage participation, and (iv) utilize strategic assessment to discern outcomes. The bill has an expiration date of July 1, 2019.
Patron: Lingamfelter
Felony homicide; certain drug offenses; penalty. Provides that a person is guilty of felony homicide, which constitutes second degree murder and is punishable by confinement of not less than five nor more than 40 years, if the underlying felonious act that resulted in the killing of another involved the manufacture, sale, gift, or distribution of a Schedule I or II controlled substance to another and (i) such other person's death results from his use of the controlled substance and (ii) the controlled substance is the proximate cause of his death. The bill also provides that venue for a prosecution of this crime shall lie in the locality where the underlying felony occurred, where the use of the controlled substance occurred, or where death occurred. This bill serves to overrule the Court of Appeals of Virginia decision in Woodard v. Commonwealth, 61 Va. App. 567, 739 S.E.2d 220 (2013), aff'd, 287 Va. 276, 754 S.E.2d 309 (2014).
Patron: Albo
Sex Offender and Crimes Against Minors Registry Act; penalty. Adds to the offenses for which registration is required on the Sex Offender and Crimes Against Minors Registry the crimes of (i) procuring a person for prostitution and receiving money from the earnings of a person engaged in prostitution if the crime involves a minor and (ii) malicious wounding and aggravated malicious wounding if the perpetrator of the crime was an adult and the victim was under the age of 13. The bill also provides that only persons who committed such crimes on or after July 1, 2016, are required to register. This bill incorporates HB 604 and HB 672.
Patron: Collins
Drug treatment court for City of Winchester and Counties of Clarke, Frederick, and Warren. Authorizes the establishment of drug treatment courts in the City of Winchester and Counties of Clarke, Frederick, and Warren. The bill limits the jurisdiction of such courts to cases involving simple possession of a controlled substance or marijuana or probation violations where a person had been placed on probation following a conviction for simple possession of a controlled substance or marijuana.
Patron: Habeeb
Mediation. Provides that, where a referral to mediation includes both custody or visitation and child or spousal support, the referral to mediation is considered to be two separate appointments.
Patron: Loupassi
Fees for court-appointed attorney providing representation in commitment proceedings in a criminal case. Increases from $25 to $150 the fee paid to a court-appointed attorney for providing representation in commitment proceedings in a criminal case.
Patron: LaRock
Parental Choice Education Savings Accounts. Permits the parents of certain students with disabilities to apply to their resident school division for a Parental Choice Education Savings Account, to consist of the student's Standards of Quality per pupil funds and to be used for certain expenses of the student, including (i) tuition, fees, or required textbooks at a private elementary or secondary school or preschool that is located in the Commonwealth and does not discriminate on the basis of race, color, or national origin; (ii) educational therapies or services for the student from a practitioner or provider, including paraprofessionals or educational aides; (iii) tutoring services; (iv) curriculum; (v) tuition or fees for a private online learning program; (vi) fees for a nationally standardized norm-referenced achievement test, an Advanced Placement examination, or any examination taken to gain admission to an institution of higher education; or (vii) tuition fees or required textbooks at a public two-year or four-year institution of higher education in the Commonwealth or at an accredited private institution of higher education in the Commonwealth. The bill also contains provisions for the audit and revocation of such accounts.
Patron: Taylor
Certain comprehensive community colleges; veterans advisors and veterans resource centers. Requires each of the seven comprehensive community colleges in the Commonwealth with the highest number of enrolled students who are veterans to employ at least one full-time veterans advisor to provide comprehensive and intensive enrollment and advising services to current and prospective students who are veterans and establish a veterans resource center on campus to provide access to federal and state veterans resources; serve as a quiet place for veterans to study; enable veterans to connect to other veterans, helping them renew the bonds of military service; and be the central hub for all activities on campus related to veterans.
Patron: Bell, Robert B.
Petit larceny; prior convictions; penalty. Provides that, if it is alleged in the warrant, indictment, or information that a person had previously been convicted of larceny or any offense deemed to be or punished as larceny, robbery, or carjacking, such person shall, upon conviction for larceny or any offense deemed to be or punished as larceny, receive a jail sentence of at least 30 days or, if two or more prior offenses are alleged, be guilty of a Class 6 felony. Currently, only prior offenses of larceny or any offense deemed to be or punished as larceny is considered for purposes of applying the enhanced penalty.
Patron: Bell, Robert B.
Violations of protective orders; penalty. Provides that any person who commits any assault and battery or any felony offense set forth in Article 4 (Assaults and Bodily Woundings) of Chapter 4 of Title 18.2 upon or stalks any party protected by a protective order is guilty of a Class 6 felony. Currently, the Class 6 felony is only applicable if the person commits an assault and battery that results in serious bodily injury to the protected party.
Patron: Bell, Robert B.
Abduction of minor for the purpose of prostitution. Expands the class of minors who may be the victim of the crime of abduction of a minor for the purpose of concubinage or prostitution, a crime punishable as a Class 2 felony, from minors under 16 years of age to all minors, that is, anyone under 18 years of age.
Patron: Leftwich
Department of Criminal Justice Services; human trafficking training. Requires the Department of Criminal Justice Services to establish compulsory training standards for law-enforcement personnel involved in criminal investigations or assigned to vehicle or street patrol duties to ensure that law-enforcement personnel are sensitive to and aware of human trafficking offenses and identification of human trafficking offenses.
Patron: Bell, Robert B.
Domestic violence-related misdemeanors; enhanced penalty. Punishes a misdemeanor offense of violating a protective order, assault and battery against a family or household member, or stalking as a Class 6 felony if the person charged had been previously convicted of any of these offenses, however punished, or assault or bodily wounding within the preceding 20 years if the victim of the prior and the instant offenses was the same.
Patron: Freitas
Auditor of Public Accounts; Commonwealth Data Point. Requires the Auditor of Public Accounts (the Auditor) to incorporate in the Commonwealth Data Point the following enhancements: (i) graphs, charts, or other visual displays of aggregated data showing (a) current state spending by expense category, (b) year-to-year state spending, and (c) other data deemed appropriate by the Auditor, including display of available line item expenditures, and (ii) frequently asked questions and their responses. The bill also requires the Commonwealth Data Point to contain a listing of the position description and salary of each full-time state employee, organized by agency.
Patron: Gilbert
First offense assault and battery against a family or household member; enhanced penalties. Provides that the deferral and dismissal of a first offense of assault and battery against a family or household member will be treated as a prior conviction for the purpose of determining whether a person is eligible for the enhanced Class 6 felony penalties for stalking or assault and battery against a family or household member that apply based on a person's prior convictions.
Patron: Gilbert
Victims of domestic violence, etc.; firearms safety or training course. Provides that the Department of Criminal Justice Services may distribute funds from the Virginia Sexual and Domestic Violence Victim Fund to reimburse an entity that offers a firearms safety or training course or class approved by the Department free of charge to victims of domestic violence, sexual abuse, stalking, and family abuse. The bill also requires that, upon the issuance of a protective order, the petitioner for the order be provided with a list of such approved courses or classes.
Patron: Lingamfelter
Sale of firearms; persons not lawfully present in United States; penalty. Provides that the crime of selling, bartering, giving, or furnishing or possessing with the intent to sell, barter, give, or furnish a firearm to a person knowing that such person is prohibited from possessing or transporting a firearm because he is not lawfully present in the United States applies to assault firearms.
Patron: Cox
Virginia Growth and Opportunity Act; report. Establishes the Virginia Growth and Opportunity Board to administer grants from the Virginia Growth and Opportunity Fund for regional economic and workforce development projects. The bill provides that regional councils will be established across the Commonwealth, consisting of representatives of government and the business and education communities, and councils may submit applications for collaborative projects in their region that enhance private-sector growth, competitiveness, and workforce development. A portion of the grant funds will be awarded on a population basis and a portion on a competitive basis.
Patron: Cline
Teacher preparation and licensure; dyslexia.
Requires Board of Education regulations governing teacher licensure
to require every person seeking initial licensure or renewal of a
license to complete awareness training, provided by the Department of Education, on the indicators of dyslexia and the evidence-based interventions and accommodations for dyslexia. The bill requires the Department of Education to collaborate with the State Council of Higher Education for Virginia to ensure that all teacher preparation programs offered at public institutions of higher education in the Commonwealth or otherwise available convey information on the identification of students at risk for dyslexia and related disorders.
Patron: Hugo
Virginia Collaborative Economic Development Act. Creates the Virginia Collaborative Economic Development Performance Grant Fund. Two or more localities that collaborate and adopt a collaborative economic development plan will be eligible for grants from the fund over a period of six years if the collaboration results in the location or expansion of a company in the Commonwealth that (i) creates at least 200 new jobs with average salaries at least 25 percent higher than the average wage and (ii) makes a capital investment of at least $25 million. The company must maintain the job creation and investment for a period of three years before being eligible for the first grant payment. The total amount of the grant applied for shall not exceed the total investment of the localities in executing the collaborative economic development plan, and each annual installment of the grant may not exceed 50 percent of the total annual amount of personal income tax withheld by the certified company from the newly created jobs. The Fund will be administered by a policy board created by legislation adopted by the 2016 Session of the General Assembly with a legislatively-stated purpose of promoting collaborative regional economic development and workforce development opportunities. If no such board is created, the Virginia Economic Development Partnership will administer the Fund.
Patron: Landes
Virginia International Trade Authority. Establishes the Virginia International Trade Authority to promote international trade in the Commonwealth by coordinating private and public efforts to stimulate the international trade segment of the state's economy and marketing products and services. The bill also requires the Authority to provide to the General Assembly by November 1, 2016, a plan for the establishment of a coalition of organizations providing international trade programs and services in the Commonwealth.
Patron: Albo
Stalking; penalty. Provides that a second offense of stalking committed within five years of a prior stalking conviction is punishable as a Class 6 felony. Under current law, a second offense of stalking only qualifies for the Class 6 penalty if the person convicted had also been convicted of certain offenses involving assaults or bodily woundings or of violating a protective order.
Patron: Mason
Computer trespass; government computers and computers used for public utilities. Increases the Class 1 misdemeanor computer trespass crimes to a Class 6 felony if the computer targeted is one that is exclusively for the use of, or used by or for, the Commonwealth of Virginia, a local government within the Commonwealth, or certain public utilities.
Patron: Rush
Four-year public institutions of higher education; alternative tuition or fee structures. Permits each public institution of higher education to offer alternative tuition or fee structures to students. The bill provides that if a public institution of higher education offers alternative tuition or fee structures, including discounted tuition, four-year flat tuition rates, discounted student fees, or student fee and student services flexibility, to any Virginia-domiciled, first-time, incoming freshman undergraduate student who enrolls full time with the intent to earn a degree in a program that leads to employment in a high-demand field in the region, according to guidelines established by the State Council of Higher Education for Virginia, each student who receives the benefits of such an alternative tuition or fee structure shall count one and a half times for the purpose of (i) targeted economic and innovation incentives to increase degree completion in a timely or expedited manner, (ii) the base adequacy funding guidelines adopted and periodically updated by the Joint Subcommittee Studying Higher Education Funding Policies, or (iii) biennial assessments of institutional performance as set forth in Part 4 of the general appropriation act and consistent with § 23-9.6:1.01.
Patron: Massie
Education improvement scholarships tax credit; reporting and other requirements. Modifies the tax credit by (i) making the current required report of donations qualifying for the credit and scholarships awarded from such donations as of June 30, (ii) increasing from 20 to 40 the number of days by which a scholarship foundation is required to return a preauthorization notice to the Department of Education to certify that a donor has completed his donation to the foundation, (iii) increasing from 14 to 21 the number of days by which a scholarship foundation must convert a donation of marketable securities into cash, (iv) lowering the penalty for failure to disburse 90 percent of tax credit-derived donations within the applicable twelve month period from 200 percent to 100 percent of the difference between 90 percent of the donations and the actual amount disbursed, and (iv) making clarifying and technical amendments.
Under current law, a scholarship foundation must provide a report each year by September 30 to the Department of Education showing the total number and value of donations it received in its most recent fiscal year ended. Under the bill, every scholarship foundation will report on donations received in the 12-month period ending on June 30 of each year. This change will enable the Department of Education to determine whether a scholarship foundation has complied with the statutory requirement to disburse at least 90 percent of its tax-credit-derived funds received during each 12-month period ending on June 30 by the following June 30 for educational scholarships.
The bill clarifies that the annual audit, review, or compilation required of a scholarship foundation receiving tax-credit-derived funds is for the foundation's most recent fiscal year ended. Finally, the bill eliminates (a) redundant reporting requirements relating to the total number and dollar value of donations received by a foundation and the total number and dollar amount of educational scholarships awarded by a foundation and (b) the requirement that a scholarship foundation report the percentage of first-time recipients to whom educational scholarships are awarded.
Patron: Gilbert
Violation of protective order; firearm or other deadly weapon; penalty. Provides that any person who violates any provision of certain protective orders while armed with a firearm or other deadly weapon is guilty of a Class 6 felony.
Patron: Filler-Corn
Department of Criminal Justice Services; trauma-informed sexual assault investigation training. Requires the Department of Criminal Justice Services to develop and provide curriculum and multidisciplinary training on trauma-informed sexual assault investigation for law-enforcement personnel, campus security personnel, attorneys for the Commonwealth, Title IX coordinators and investigators, victim advocates, counselors, and forensic nurses.
Patron: Villanueva
Hampton Roads Transportation Accountability Commission. Ensures that the moneys in the Hampton Roads Transportation Fund are distributed to the Hampton Roads Transportation Accountability Commission and allows the Commission to invest moneys in excess of those required to meet current needs in accordance with applicable law. Allows the Hampton Roads Transportation Accountability Commission to spend Hampton Roads Transportation Fund moneys on administrative and operating expenses and removes the requirement that, if no other funds are available, administrative expenses of the Commission be allocated among the localities within Planning District 23 on the basis of relative population. The bill states that it does not result in the expiration of the contingently effective provisions of Chapter 896 of the Acts of Assembly of 2007 or Chapter 766 of the Acts of Assembly of 2013. The bill allows an elected official of any of the four counties embraced by the Hampton Roads Transportation Accountability Commission who serves on the county's governing body and has been appointed by resolution of such governing body to represent the county on the Commission to serve on the Commission. Currently, only the chief elected officer of such county may serve on the Commission. The bill also allows a member representing a city or county to designate a current elected officer of the same governing body to serve in his place on the Commission for the purposes of one meeting after making such designation to the Chairman at least 48 hours prior to the affected meeting.
Patron: Hester
Operation of a child welfare agency without a license; child abuse and neglect; penalty. Provides that operating or engaging in the conduct of a child welfare agency without first obtaining a license when it is known that such license is required or after such license has been revoked or has expired constitutes a willful act or omission for purpose of the crime of abuse and neglect of a child. Under current law, a parent, guardian, or other person responsible for the care of a child who by willful act or omission causes or permits serious injury to the life or health of such child is guilty of abuse and neglect of a child, which is punishable as a Class 4 felony.
Patron: Peace
Family and Children's Trust Fund; exempt from taxation. Clarifies that the Family and Children's Trust Fund performs an essential governmental function and thus gifts, contributions, grants, devises, or bequests, whether personal or real property, and the income therefrom, accepted by the Trust Fund are exempt from all state and local taxes and regarded as the property of the Commonwealth for the purposes of all tax laws.
Patron: Cline
Sexual abuse of certain children; penalty. Provides that an adult who sexually abuses a child who is 13 or 14 years old where such act is accomplished against the will of the child by ruse is guilty of aggravated sexual battery, a felony punishable by a sentence of not less than one nor more than 20 years.
Patron: Jones
Virginia Growth and Opportunity Board and Virginia Research, Development, and Commercialization Fund; established; report. Establishes the Virginia Growth and Opportunity Board (the Board) to administer grants from the Virginia Research, Development, and Commercialization Fund (the Fund), created by this bill, to promote research, development, and commercialization in the Commonwealth, and economic development related thereto. The bill provides that the State Council of Higher Education for Virginia (SCHEV) will establish guidelines related to administration and award of grants from the Fund, subject to approval by the Board. Upon receipt of completed grant applications, SCHEV will forward them to an entity with recognized science and technology expertise to review and rank the applications. Applications will then be forwarded to a Research Proposal Review Committee to evaluate the potential economic impact of the proposals. The Board would ultimately made award decisions taking into account the recommendations from these review panels.