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2017 SESSION

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Senate Committee on Finance

Co-Chair: Thomas K. Norment, Jr. - Co-Chair: Emmett W. Hanger, Jr.

Clerk: Patty Lung, Wesley Bland
Staff: Lisa Wallmeyerr
Date of Meeting: February 15, 2017
Time and Place: 9:00 a.m. - Senate Room B
Revised to add HBs 2074 & 2436

H.B. 1392

Patron: Lingamfelter


School security officers; carrying a firearm in performance of duties. Authorizes a school security officer to carry a firearm in the performance of his duties if (i) he is a retired law-enforcement officer who retired or resigned in good standing, (ii) he has met the additional training and certification requirements of the Department of Criminal Justice Services (DCJS), (iii) the local school board solicits input from the chief law-enforcement officer of the locality regarding the qualifications of the officer, and (iv) the local school board grants him the authority to carry a firearm in the performance of his duties. The bill requires DCJS to establish additional firearms training and certification requirements for school security officers who carry a firearm in the performance of their duties. Existing law requires DCJS to establish minimum training and certification requirements for school security officers.

H.B. 1485

Patron: Bell, Richard P.

Sex offenses prohibiting proximity to children; penalty. Includes in the list of certain sex offenses that prohibit a person convicted of such offenses from being or residing in proximity to schools and certain other property where children congregate or from working on school property any offense similar to such offenses under the laws of any foreign country or political subdivision thereof or the United States or any political subdivision thereof.

H.B. 1487

Patron: Albo

Maximum number of circuit court judges; 19th Judicial Circuit. Reduces from 15 to 14 the maximum number of circuit court judges in the 19th Judicial Circuit (Fairfax, Fairfax County), effective July 1, 2018, or upon the death, resignation, or retirement of any judge of that court, whichever occurs later.

H.B. 1566

Patron: Webert

Professions and occupations; regulatory boards. Establishes a statewide policy for the regulation of professions and occupations specifying criteria for government regulation with the objective of increasing opportunities, promoting competition, encouraging innovation, protecting consumers, and complying with applicable federal antitrust laws. The bill also establishes the position of professional and occupational regulatory analyst within the Division of Legislative Services to assist the Joint Commission on Administrative Rules in (i) evaluating at least three professions and occupations in each year and (ii) the extent feasible, reviewing legislation establishing or modifying an occupational regulation to determine whether the legislation meets the state policy of using the least restrictive regulation necessary to protect or preserve the public health, safety, and welfare. The evaluation shall include recommendations for changes to occupational regulations to improve compliance with the state policy of using the least restrictive regulation necessary.

H.B. 1616

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).

H.B. 1768

Patron: Garrett

Virginia Retirement System; stress testing and reporting policies. Requires the Virginia Retirement System (VRS) to formally adopt stress testing and additional reporting policies. The bill requires VRS to analyze and regularly report on projections of benefit levels, pension costs, liabilities, and debt reduction under various scenarios; to provide a detailed online statement of investment policy and include investment performance data in certain timeframes up to 25 years; and to report investment performance and expenses such as carried interest fees.

H.B. 1815

Patron: Yancey

Computer trespass; government computers and computers used for public utilities; penalty. 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, a local government within the Commonwealth, or certain public utilities.

H.B. 1838

Patron: Orrock

Neighborhood Assistance Act tax credits; Board of Education. Changes the process of allocating credits to neighborhood organizations submitting education proposals. The bill directs the Board of Education to develop regulations that (I) allocate one-half of the credits to neighborhood organizations with education proposals benefiting low-income persons and eligible students with disabilities in underperforming school districts in the Commonwealth, (ii) allow for the input of local leaders regarding the education needs of localities in which the proposed programs are located, and (iii) require the inclusion of performance and accountability measures in such proposals. The bill also allows the Board of Education to adopt regulations to be in effect by March 1, 2018, for the administration of the provisions of the bill. 

H.B. 1856

Patron: Bell, Robert B.

Restitution; probation. Provides that for any offense that occurs on or after July 1, 2017, if restitution is ordered at the time of sentencing, the court shall place the defendant on an indefinite term of probation until all ordered restitution is paid in full. The bill requires that a probation agency ordered to monitor the restitution payments of a defendant placed on supervised probation notify the court and the attorney for the Commonwealth of the amount of unsatisfied restitution, if any, 30 days prior to the defendant's release from supervision. The bill also requires that a court schedule a hearing if any restitution remains unsatisfied on the date upon which restitution was to be paid in full within 90 days of such date if no probation agency was ordered to monitor the defendant's payments. The bill also establishes a mechanism for releasing a defendant from an indefinite term of probation even though all ordered restitution has not been paid in full. As introduced, this bill was a recommendation of the Virginia State Crime Commission.

H.B. 2074

Patron: Rush

Income tax; subtraction for Virginia venture capital account investment. Establishes for taxable years beginning January 1, 2018, an individual and corporate income tax subtraction for income derived from an investment in a Virginia venture capital account, defined in the bill as an investment fund that makes at least 50 percent of its investments in qualified portfolio companies and employs at least one investor with at least four years' experience in venture capital investment or substantially equivalent experience. The bill defines "qualified portfolio company" as a Virginia-headquartered company that has a primary purpose of production, sale, research, or development of a product or service and provides equity in exchange for the investment. An income tax subtraction would be available only for an investment made on or after January 1, 2018.

H.B. 2092

Patron: LaRock

Application for public assistance; eligibility; review of records. Requires entities processing applications for medical assistance and other public assistance to conduct a review of death records and records relating to incarceration status, employment status, and income of the applicant to determine whether the applicant is eligible for assistance and to review the records of the Virginia Lottery to determine whether the applicant has received any winnings from the Virginia Lottery that may constitute income or resources for purposes of determining eligibility for medical assistance or public assistance. The bill also requires the Department of Social Services to report annually on the types and sources of information reviewed in verifying eligibility and the number of applications for public assistance approved, denied, or referred for investigation.

H.B. 2144

Patron: LeMunyon

Virginia Freedom of Information Advisory Council; membership; effect of missing meetings. Increases the Virginia Freedom of Information Advisory Council from 12 members to 14 members by adding one additional member from the House of Delegates and one additional member from the Senate. The bill also provides that if any nonlegislative citizen member of the Council fails to attend a majority of meetings of the Council in a calendar year, the Council shall notify the member's appointing authority, who may, upon receipt of such notification, remove the member and appoint a successor as soon as possible.

H.B. 2207

Patron: Robinson

Food stamp program; excessive requests for replacement of electronic benefit transfer card. Requires the Department of Social Services (Department) to monitor all requests for replacement of electronic benefit transfer (EBT) cards issued to food stamp program recipients. The bill provides that a request for replacement of an EBT card shall be deemed excessive if a food stamp program recipient or a member of his household has made four such requests within 12 months prior to the request. The bill requires the Department, upon receipt of a fourth request for replacement of an EBT card within a 12-month period, to give written notice to the recipient household that it has reached the threshold allowance for replacement requests, its account is being monitored for suspicious activity, and future replacement requests will require contact with the Department to provide an explanation before a replacement card will be issued. The bill requires the Department, upon receipt of a fifth replacement request within a 12-month period, to give written notice to the recipient household that it has exceeded the threshold allowance for replacement requests and that the replacement EBT card is being withheld until the household contacts the Department to provide an explanation for the high volume of replacement requests. The bill provides the terms under which a replacement card will be issued or withheld, delineates factors that require the Department to investigate excessive card replacement requests, and sets forth requirements for notices sent under the provisions of the bill.

H.B. 2238

Patron: Miller

DUI manslaughter; ignition interlock. Requires that, as a condition of being granted a restricted driver's license, a person convicted of manslaughter as a result of driving under the influence be prohibited from operating a motor vehicle without an ignition interlock and have an ignition interlock installed on all vehicles owned by or registered to such person.

H.B. 2243

Patron: Jones

Line of Duty Act. Clarifies provisions of the Line of Duty Act, including clarifying that suspension or reinstatement of health insurance benefits begins and ends at the beginning of a health insurance plan year rather than in the middle of a plan year and recognizing current practice that the Line of Duty Act administrator provides materials for training. The bill codifies certain provisions of the Line of Duty Act which currently are in the appropriations act. The bill modifies the provision that would have disqualified, effective July 1, 2017, the surviving spouse of a deceased member who remarried from receiving health insurance benefits, by restricting the disqualification to surviving spouses who remarry on or after July 1, 2017. The bill contains an emergency clause.

EMERGENCY

H.B. 2247

Patron: Jones

Virginia Alcoholic Beverage Control Authority; eligibility of employees for Workforce Transition Act. Eliminates the eligibility of employees of the Alcoholic Beverage Control Board (Board) who elect not to become employees of the Alcoholic Beverage Control Authority (Authority) for severance benefits under the Workforce Transition Act. Such severance benefits would remain available for a Board employee who is not offered a position with the Authority, is not offered a position for which the employee is qualified, or is offered a position that would require relocation or a reduction in salary.

H.B. 2251

Patron: Jones

Virginia Retirement System; optional defined contribution retirement plan. Requires the Virginia Retirement System (VRS) to establish an optional defined contribution retirement plan for state and local employees. Participation in the plan is in lieu of other retirement plans offered by VRS. Employees hired on or after July 1, 2019, shall make an irrevocable election whether to participate in the plan. A person who is employed on June 30, 2019, shall make an irrevocable election by October 31, 2019, to participate in the new retirement plan beginning January 1, 2020, in lieu of his retirement plan at the time. If such employee elects to participate in the new plan, his retirement plan at the time of election will be "frozen" and not increase because of compensation earned or years of service earned while participating in the new plan. Under the plan, the employer makes a mandatory contribution in the amount of 8.5 percent of the employee's compensation, and the employee contributes five percent of his compensation. The employer's contribution becomes fully vested upon the employee's completion of five years of continuous participation.

H.B. 2288

Patron: Collins

Computer trespass; computer invasion of privacy; penalty; civil relief. Makes it a Class 5 felony for a person to maliciously install or cause to be installed a computer program that takes control of or restricts access to another computer or computer network, or data therein, and demand money or anything else of value to remove the computer program; restore control of or access to the computer or computer network, or data therein; or remediate the impact of the computer program. The bill adds medical information to the list of information that if obtained without authority constitutes computer invasion of privacy. The bill expands the private right of action for a person or property that is injured by a computer trespass.

H.B. 2296

Patron: McQuinn

Virginia Foundation for the Humanities; identification of the history of formerly enslaved African Americans in Virginia. Directs the Virginia Foundation for the Humanities to identify the history of formerly enslaved African Americans in Virginia and determine ways to preserve the history for educational and cultural purposes. Among other things, the Foundation would promote the identification, preservation, and conservation of historic sites significant to the history, presence, and contributions of formerly enslaved African Americans in Virginia; identify the contributions of African Americans to Virginia, the nation, and the world; and identify historical sites significant to African American history in Virginia; and recommend ways to increase tourism and revenues associated with such sites. The bill creates a task force consisting of legislative and nonlegislative members to assist the Foundation in its work. The provisions of the bill are contingent on funding in a general appropriation act.

H.B. 2348

Patron: Byron

Commission for the Commemoration of the Centennial of Women's Right to Vote. Establishes the Commission for the Commemoration of the Centennial of Women's Right to Vote in the legislative branch of state government. The Commission is charged with planning and leading the centennial anniversary of women's right to vote in 2020. The provisions of the bill will expire on September 30, 2020, and the Commission shall submit its report to the Governor and 2021 Session of the General Assembly.

H.B. 2359

Patron: Albo

Virginia Alcoholic Beverage Control (ABC) Authority. Changes the effective date for the creation of the ABC Authority from July 1, 2018, to January 15, 2018. The bill creates a transition period from January 15, 2018, until December 31, 2018, during which time the current Department will coexist with the ABC Authority to facilitate an orderly and efficient transition and to ensure the continuation of operations during the transition. The bill provides that during the transition period the current ABC Board will be the Board of Directors of the ABC Authority. The bill grants to the ABC Authority the authority to implement and maintain independent payroll and nonpayroll disbursement systems, which are subject to review and approval by the State Comptroller and which include travel reimbursements, revenue refunds, disbursements for vendor payments, petty cash, and interagency payments. The bill also (i) streamlines the suspension and revocation process to encourage settlement of cases before reaching the appeal level to the Board of Directors, (ii) exempts the Authority from mandatory procurement provisions, and (iii) authorizes the Board of Directors to delegate or assign to any officer or employee of the Authority any duties or tasks required to be performed by the Authority, but provides that the Board remains responsible for the performance of any such duties or tasks. The bill contains numerous technical amendments.

H.B. 2410

Patron: Gilbert

Providing support to terrorist organizations; penalty. Provides that any person who knowingly provides any material support to an individual or organization whose primary objective is to commit an act of terrorism and does so with the intent to further such objective is guilty of a Class 3 felony. If the providing of such material support results in the death of any person, the penalty is increased to a Class 2 felony. The bill also expands the definition of act of terrorism to include an act committed outside the Commonwealth that would meet the definition of an act of violence if such act was committed within the Commonwealth.

H.B. 2436

Patron: Davis

Auditor of Public Accounts; online database; register of funds expended. Requires the Commonwealth Data Point website administered by the Auditor of Public Accounts to include information for major categories of spending for each state agency and institution, including each independent agency. Currently, the Commonwealth Data Point website includes such information for only secretariats and major state agencies. In addition, the bill provides that the database shall include the name, phone number, and email address for a contact at each agency or institution.

H.B. 2473

Patron: Cline

Violation of protective order or stalking; third or subsequent offense. Expands the offenses for which a conviction of a third or subsequent offense, when the offense is committed within 20 years of the first conviction and when either the instant or one of the prior offenses was based on an act or threat of violence and the instant and prior offenses arise out of separate incidents, is a Class 6 felony with a mandatory minimum term of confinement of six months from violating a protective order to any combination of violating a protective order or stalking.