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2020 SESSION

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Senate Committee on Finance and Appropriations

Chair: Janet D. Howell

Date of Meeting: February 6, 2020
Time and Place: 4:30 p.m. Committee Room B Additional bills added
Update: Add bills referred from Education & Health and Judiciary

S.B. 2 Marijuana; decriminalization of simple possession, civil penalty.

Patron: Ebbin

Marijuana; decriminalization of simple marijuana possession; penalty. Decriminalizes simple marijuana possession and provides a civil penalty of no more than $50. Current law imposes a maximum fine of $500 and a maximum 30-day jail sentence for a first offense, and subsequent offenses are a Class 1 misdemeanor. The bill provides that the suspended sentence and substance abuse screening provisions and driver's license suspension provisions apply only to criminal violations or to civil violations by a juvenile. The bill defines marijuana to include hashish oil. The bill raises the threshold amount of marijuana subject to the offense of distribution or possession with intent to distribute from one-half ounce to one ounce. The bill also allows a person to petition for expungement of convictions and deferred disposition dismissals for marijuana possession when all court costs and fines and orders of restitution have been paid. The bill contains technical amendments.

A BILL to amend and reenact §§ 16.1-228, 16.1-260, 16.1-273, 18.2-247, 18.2-248.1, 18.2-250.1, 18.2-251, 18.2-251.02, 18.2-252, 18.2-254, 18.2-259.1, 19.2-392.2, 19.2-392.4, 46.2-390.1, 54.1-3401, as it is currently effective and as it shall become effective, and 54.1-3446 of the Code of Virginia, relating to marijuana; decriminalization of simple marijuana possession; penalty.

20100705D

S.B. 8 Prevailing wage; public works contracts, penalty.

Patron: Saslaw

Prevailing wage; public works contracts; penalty. Requires contractors and subcontractors under any public contract with a state agency for public works to pay wages, salaries, benefits, and other remuneration to any mechanic, laborer, or worker employed, retained, or otherwise hired to perform services in connection with the public contract for public works at the prevailing wage rate. The Commissioner of Labor and Industry is required to determine the prevailing wage rate for such public contracts on the basis of applicable prevailing wage rate determinations made by the U.S. Secretary of Labor under the provisions of the federal Davis-Bacon Act. A contractor or subcontractor who knowingly or willfully employs any mechanic, laborer, or worker to perform work contracted to be done under the public contract at a rate that is less than the prevailing wage rate is guilty of a Class 1 misdemeanor. In addition, such a contractor or subcontractor shall be liable to such individuals for the payment of all wages due plus interest and shall be disqualified from bidding on public contracts with any public body until full restitution has been paid to the individuals.

A BILL to amend and reenact § 40.1-6 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-4321.3, relating to prevailing wage requirement for public works contracts; penalty.

20100503D

S.B. 11 Disposable paper and plastic bags; local taxation per bag when provided to consumers.

Patron: Ebbin

Local disposable paper and plastic bag tax. Authorizes any locality to impose a tax of five cents per bag on disposable paper bags or disposable plastic bags provided to consumers by certain retailers, with certain bags being exempt from the tax. The bill allows every retailer that collects the tax to retain one cent of the five-cent tax.

A BILL to amend the Code of Virginia by adding in Chapter 38 of Title 58.1 an article numbered 7.2, consisting of a section numbered 58.1-3835, relating to a local disposable paper and plastic bag tax.

20100728D

S.B. 31 Eminent domain; costs for petition for distribution of funds, interest rate.

Patron: Petersen

Eminent domain; costs for petition for distribution of funds; interest rate; recordation of certificate. Provides that the costs of filing a petition with the court for the distribution of the funds due pursuant to an eminent domain proceeding shall be taxed against the condemnor. The bill also provides that the interest rate on the funds represented by a certificate of deposit from the date of filing of the certificate until the funds are paid into the court shall not be less than the judgment rate of interest. Finally, the bill reorganizes for clarity the provisions governing what happens upon recordation of a certificate by the Commissioner of Highways in a condemnation proceeding.

A BILL to amend and reenact §§ 25.1-310, 33.2-1021, and 33.2-1023 of the Code of Virginia, relating to eminent domain; costs for petition for distribution of funds; interest rate; recordation of certificate.

20100604D

S.B. 36 Lottery Board; regulation of casino gaming.

Patron: Lucas

Lottery Board; regulation of casino gaming. Authorizes casino gaming in the Commonwealth to be regulated by the Virginia Lottery Board (the Board). Casino gaming shall be limited to certain cities that meet the criteria that is outlined in the bill, and a referendum must be passed in the city on the question of allowing casino gaming in the city. This bill is a reenactment of the first enactment of Senate Bill 1126 of the 2019 legislative session.

A BILL to amend and reenact §§ 2.2-3711, 19.2-389, as it is currently effective and as it shall become effective, 58.1-4002, 58.1-4006, and 59.1-364 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 3 of Title 11 a section numbered 11-16.1, by adding a section numbered 18.2-334.5, and by adding in Title 58.1 a chapter numbered 41, consisting of sections numbered 58.1-4100 and 58.1-4101, relating to regulation of casino gaming by Virginia Lottery Board.

20100717D

S.B. 48 Nonpayment of wages; discriminatory actions prohibited.

Patron: Spruill

Nonpayment of wages; discriminatory actions prohibited. Prohibits an employer from discharging or otherwise discriminating against an employee because such employee has filed any complaint or instituted or caused to be instituted any proceeding related to the failure to pay wages, or has testified or is about to testify in any such proceeding. The measure authorizes the Commissioner of Labor and Industry to institute proceedings against an employer who has taken such prohibited discriminatory action. Available remedies include reinstatement of the employee, recovery of lost wages, and liquidated damages.

A BILL to amend the Code of Virginia by adding in Article 2 of Chapter 3 of Title 40.1 a section numbered 40.1-33.1, relating to prohibiting employers from discriminating against employees for instituting proceedings for nonpayment of wages.

20100693D

S.B. 97 Virginia Fair Housing Law; unlawful discriminatory housing practices.

Patron: McClellan

Virginia Fair Housing Law; unlawful discriminatory housing practices. Provides that it is an unlawful discriminatory housing practice for any political jurisdiction or its employees or appointed commissions to discriminate in the application of local land use ordinances or guidelines, or in the permitting of housing developments, on the basis of race, color, religion, national origin, sex, elderliness, familial status, handicap, or because the housing development contains or is expected to contain affordable housing units occupied or intended for occupancy by families or individuals with incomes at or below 80 percent of the median income of the area where the housing development is located or is proposed to be located. The bill also requires the Fair Housing Board, after consultation with the Attorney General and instead of issuing a charge for a violation, to immediately refer the matter to the Attorney General for civil action in the appropriate circuit court for appropriate relief. The bill contains technical amendments.

A BILL to amend and reenact §§ 36-96.3 and 36-96.17 of the Code of Virginia, relating to the Virginia Fair Housing Law; unlawful discriminatory housing practices.

20101209D

S.B. 128 DOE; pilot program, placement transition of certain students.

Patron: Suetterlein

Department of Education; pilot program; feasibility of educational placement transition of certain students with disabilities. Requires the Department of Education and relevant local school boards to develop and implement a pilot program for up to four years in two to eight local school divisions in the Commonwealth. In developing the pilot, the Department is required to partner with the appropriate school board employees in each such local school division to (i) identify the resources, services, and supports required by each student who resides in each such local school division and who is educated in a private school setting pursuant to his Individualized Education Program; (ii) study the feasibility of transitioning each such student from his private school setting to an appropriate public school setting in the local school division and providing the identified resources, services, and supports in such public school setting; and (iii) recommend a process for redirecting federal, state, and local funds, including funds provided pursuant to the Children's Services Act, provided for the education of each such student to the local school division for the purpose of providing the identified resources, services, and supports in the appropriate public school setting. The bill requires the Department of Education to make a report to the Governor, the Senate Committees on Education and Health and Finance, and the House Committees on Education and Appropriations on the findings of each pilot program after two and four years.

A BILL to require the Department of Education to implement a pilot program to study the feasibility of the educational placement transition of certain students with disabilities.

20100802D

S.B. 182 Project labor agreements; public procurement.

Patron: Saslaw

Project labor agreements; public procurement. Repeals the provision enacted in 2012 that requires state agencies to ensure that neither the state agency nor any construction manager acting on its behalf (i) requires or prohibits bidders, offerors, contractors, or subcontractors to enter into or adhere to project labor agreements with labor organizations or (ii) discriminates against bidders, offerors, contractors, subcontractors, or operators for becoming or refusing to sign or adhere to project labor agreements on the same or other related public works projects.

A BILL to repeal § 2.2-4321.2 of the Code of Virginia, relating to public procurement; public works contract requirements; agreements with labor organizations.

20102362D

S.B. 199 Charitable gaming; removes restrictions regarding the number of calendar days that may be conducted.

Patron: Barker

Conduct of charitable gaming. Removes restrictions regarding (i) the number of calendar days that charitable gaming may be conducted, (ii) the number of bingo sessions that may be played in any calendar day and the number of bingo games that may be played during each session, and (iii) the locations at which games may be played.

A BILL to amend and reenact §§ 18.2-340.19, 18.2-340.24, 18.2-340.25, 18.2-340.27, 18.2-340.28, 18.2-340.28:1, and 18.2-340.33 of the Code of Virginia and to repeal § 18.2-340.27:1 of the Code of Virginia, relating to the conduct of charitable gaming.

20101909D

S.B. 203 Virginia Redistricting Commission; established.

Patron: Lucas

Redistricting; Virginia Redistricting Commission. Establishes the Virginia Redistricting Commission (the Commission) pursuant to Article II, Sections 6 and 6-A of the Constitution of Virginia. The Commission, tasked with establishing districts for the United States House of Representatives and for the Senate and the House of Delegates of the General Assembly, will consist of eight legislative commissioners and eight citizen commissioners. The legislative commissioners consist of four members of the Senate of Virginia and four members of the House of Delegates, with equal representation given to the political parties having the highest and next highest number of members in their respective houses. The citizen commissioners are chosen by a selection committee consisting of five retired judges of the circuit courts of Virginia, from lists submitted to the selection committee by the Speaker of the House of Delegates, the leader in the House of Delegates of the political party having the next highest number of members in the House of Delegates, the President pro tempore of the Senate of Virginia, and the leader in the Senate of the political party having the next highest number of members in the Senate. The bill contains eligibility requirements for the citizen commissioners, including restrictions on holding or having held partisan national or state public office. As part of the application process for service on the Commission, the Division of Legislative Services acts as a repository for applications submitted by interested persons and is tasked with screening out applicants who are ineligible or submit incomplete applications. The applications of the citizen candidates selected by political leadership and submitted for consideration to the selection committee are public records.

The bill also directs the Division of Legislative Services to provide staff support to the Commission in the redistricting of congressional and state legislative districts. The Commission is required to submit to the General Assembly plans of districts within certain time periods, and the bill sets out criteria by which the districts are to be drawn, including equal population, contiguity, compactness, racial and ethnic fairness, respect for existing political boundaries, and respect for existing communities of interest. The bill prohibits districts from being drawn for the purpose of favoring or disfavoring any political party, incumbent legislator or member of Congress, or other individual or entity. Provisions to ensure public participation in the redistricting process are included. If efforts to establish districts fail, the Supreme Court of Virginia is responsible for establishing districts, and the bill directs the Court to enact a rule by March 1, 2021, establishing a procedure for implementing this requirement.

The bill has a contingent effective date of November 15, 2020, provided that the voters approve the amendments to Article II of the Constitution of Virginia, amending Section 6 and adding Section 6-A, at the November 2020 general election.

A BILL to amend and reenact §§ 24.2-306, 24.2-309.2, 30-263, 30-264, and 30-265 of the Code of Virginia and to amend the Code of Virginia by adding in Title 30 a chapter numbered 60, consisting of sections numbered 30-376 through 30-386, relating to redistricting; Virginia Redistricting Commission.

20102515D

S.B. 206 Virginia-Korea Advisory Board; established, report.

Patron: Petersen

Virginia-Korea Advisory Board; report. Establishes a nine-member Virginia-Korea Advisory Board in the executive branch of state government to advise the Governor on ways to improve mutually beneficial trade relationships between the Commonwealth and the Republic of Korea (South Korea), with a focus on the areas of commerce and trade, art and education, and government. The bill provides that the Board sunsets on July 1, 2023.

A BILL to amend the Code of Virginia by adding in Chapter 24 of Title 2.2 an article numbered 28, consisting of sections numbered 2.2-2496 through 2.2-2499.3, relating to the Virginia-Korea Advisory Board; report.

20100880D

S.B. 219 Voter registration; automatic voter registration.

Patron: Marsden

Voter registration; automatic voter registration. Provides for the automatic electronic transmission by the Department of Motor Vehicles to the Department of Elections of certain information for any person coming into an office of the Department of Motor Vehicles or accessing its website in order to (i) apply for, replace, or renew a driver's license; (ii) apply for, replace, or renew a special identification card; or (iii) change an address on an existing driver's license or special identification card if the person indicates that he is a United States citizen and is 17 years of age or older and, at the time of the transaction, does not decline to have his information transmitted to the Department of Elections for voter registration purposes. The option to decline to have his information so transmitted shall be presented at the time of one of the specified transactions with the Department of Motor Vehicles and shall be accompanied by a warning that intentionally making a materially false statement during the transaction is punishable under Virginia law as a felony. Upon receipt of the information collected to ensure that the person meets all voter registration eligibility requirements, the Department of Elections is required to determine whether the person is already registered to vote. If the person is not already registered to vote, the Department of Elections is required to transmit the information to the appropriate general registrar. The bill repeals the requirement that the Department of Motor Vehicles offer, accept, receive, and send voter registration applications.

A BILL to amend and reenact §§ 24.2-410.1, 24.2-412, 24.2-413, 24.2-415.1, 24.2-418, and 24.2-653 of the Code of Virginia, to amend the Code of Virginia by adding a section numbered 24.2-411.3, and to repeal § 24.2-411.1 of the Code of Virginia, relating to automatic voter registration.

20100923D

S.B. 234 Human Resources Management, Department of; health insurance for local school board employees.

Patron: Chafin

Department of Human Resources Management; health insurance for local school board employees. Allows local school boards to elect to have all of their employees and retirees, as well as the dependents of such employees and retirees, be eligible to participate in the state employee health insurance plan in lieu of the current state-administered local health insurance plan. Any participating local school board shall be responsible for whatever portion of the cost of such insurance is not paid by the employee, except any portion that the General Assembly elects to pay.

A BILL to amend and reenact § 2.2-1204 of the Code of Virginia, relating to the Department of Human Resource Management; health insurance program for school division employees.

20103692D

S.B. 236 Constitutional amendment; apportionment, Virginia Redistricting Commission (voter referendum).

Patron: Barker

Constitutional amendment (voter referendum); apportionment; Virginia Redistricting Commission. Provides for a referendum at the November 3, 2020, election to approve or reject amendments to the Constitution of Virginia establishing the Virginia Redistricting Commission and providing for the reapportionment of the Commonwealth to be done by such Commission. If approved by the voters, the amendments would become effective on November 15, 2020.

A BILL to provide for the submission to the voters of a proposed amendment to Section 6 of Article II of the Constitution of Virginia and a proposed amendment to the Constitution of Virginia by adding in Article II a section numbered 6-A, relating to apportionment; Virginia Redistricting Commission.

20101035D

S.B. 304 Animal shelters; euthanasia rate.

Patron: Stanley

Animal shelter euthanasia rate. Requires any public or private animal shelter or releasing agency to report on an annual basis the euthanasia rate for animals at such shelter or agency to the State Veterinarian. The bill requires the State Veterinarian to notify the Board of Pharmacy of any such shelter that has a euthanasia rate greater than 50 percent and prohibits the Board of Pharmacy from registering any such shelter to purchase, possess, or administer certain euthanasia drugs.

A BILL to amend and reenact §§ 3.2-6546 and 54.1-3423 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 59 of Title 3.2 a section numbered 3.2-5906, relating to animal shelter euthanasia rate.

20100786D

S.B. 306 Criminal history information; destruction of information for certain charges and convictions.

Patron: Stanley

Destruction of criminal history information for certain charges and convictions. Provides that a court shall enter an order of destruction for police and court records, in the absence of good cause shown to the contrary by the Commonwealth, for a deferred disposition dismissal of (i) underage alcohol possession when one year has passed since the date of dismissal and all court costs and fines and all orders of restitution have been satisfied or (ii) possession of marijuana when three years have passed since the date of dismissal and all court costs and fines and all orders of restitution have been satisfied. The bill also provides that any person who has received such deferred disposition dismissals may file a petition with the court that disposed of such charge for an order of destruction at any time provided that all court costs and fines and all orders of restitution have been satisfied. This bill is a recommendation of the Virginia Criminal Justice Conference.

A BILL to amend and reenact §§ 4.1-305, 16.1-69.55, and 18.2-251 of the Code of Virginia, relating to destruction of criminal history information for certain charges and convictions.

20100961D

S.B. 310 Public animal shelters; notice to euthanize.

Patron: Stanley

Public animal shelters; notice to euthanize. Requires a public animal shelter to wait three days before euthanizing a dog or cat when a person has notified the shelter of his intent to adopt or take custody of the animal. The shelter must make reasonable efforts to accomplish the release of the animal but is not required hold the animal if it has reason to believe that the animal has seriously injured a human or the animal meets certain other specified conditions for euthanasia.

A BILL to amend and reenact § 3.2-6546 of the Code of Virginia, relating to public animal shelters; notice to euthanize.

20101026D

S.B. 320 Virginia Community Flood Preparedness Fund; low-income loans, forgiveness of principal.

Patron: Lewis

Virginia Community Flood Preparedness Fund; low-income loans; forgiveness of principal. Continues the Virginia Shoreline Resiliency Fund as the Virginia Community Flood Preparedness Fund for the purpose of creating a low-interest loan program to help inland and coastal communities that are subject to recurrent flooding. Moneys from the Fund may be used to mitigate future flood damage, with priority given to projects that implement community-scale mitigation activities or use nature-based solutions. Any locality using moneys from the Fund to provide loans may also forgive the principal of such loans, with the total amount of loans forgiven by all localities not to exceed 30 percent of the total amount appropriated to the Fund in that fiscal year.

A BILL to amend and reenact §§ 10.1-603.24 and 10.1-603.25 of the Code of Virginia, relating to Virginia Community Flood Preparedness Fund; loans to low-income areas; forgiveness.

20103519D

S.B. 326 Sentencing proceeding by the jury after conviction; recommendation of leniency.

Patron: Deeds

Sentencing proceeding by the jury after conviction; recommendation of leniency. Provides that a jury may, in ascertaining the punishment for a person convicted of a felony or Class 1 misdemeanor, recommend that the sentence imposed be suspended in whole or in part, or that sentences imposed for multiple offenses be served concurrently, except where such suspension of sentence or concurrent service is prohibited by law. The bill prohibits the trial court from imposing an active term of incarceration in excess of the active term of incarceration recommended by the jury. The bill also allows the jury to recommend that the defendant be placed on probation, make full or partial restitution, perform community service, or receive mental health or substance abuse treatment in lieu of incarceration or as a condition of any suspended sentence, and requires the court to follow such recommendation unless good cause is shown for why the recommendation is inappropriate or unavailable.

A BILL to amend and reenact § 19.2-295.1 of the Code of Virginia, relating to sentencing proceeding by the jury after conviction; recommendation of leniency.

20102165D

S.B. 327 School boards, certain; cost of competing adjustment, eligibility.

Patron: Lewis

Cost of competing adjustment; eligibility; certain school boards. Declares the Accomack County School Board and the Northampton County School Board eligible to receive the cost of competing adjustment to salaries for instructional and support positions as part of the state share of basic aid pursuant to the general appropriation act.

A BILL to declare the Accomack County School Board and the Northampton County School Board eligible to receive the cost of competing adjustment.

20104112D

S.B. 363 Virginia Works Portal; created, report.

Patron: Dunnavant

Education and workforce development; Virginia Works Portal created; report. Creates the Virginia Works Portal to provide one-stop access to information regarding education pathways, career opportunities, and workforce development information available from agencies, institutions, and entities around the Commonwealth. The bill provides that the Portal shall provide an interactive, user-friendly environment and must be available to the public by July 1, 2021. The bill creates the Virginia Works Board chaired by the Governor's Chief Workforce Development Advisor to oversee the Portal and the Virginia Works Advisory Committee of public and private sector stakeholders to advise the Board. The Virginia Works Board is directed to report annually to the Joint Subcommittee on the Future Competitiveness of Virginia Higher Education and to the Governor and Chairmen of the House Committee on Appropriations and the Senate Committee on Finance.

A BILL to amend the Code of Virginia by adding in Chapter 4.2 of Title 2.2 a section numbered 2.2-435.10:1, relating to education and workforce development; Virginia Works Portal created; report.

20101467D

S.B. 367 Student growth measurement system; Department of Education to obtain an individualized system.

Patron: Dunnavant

Department of Education; student growth measurement system. Directs the Department of Education to obtain an individualized student growth measurement system that tracks and analyzes student growth indicators. The bill requires that the student growth measurement system be implemented during the 2022-2023 school year.

A BILL to direct the Department of Education to obtain a student growth measurement system for use in public schools.

20101949D

S.B. 387 Charitable gaming; creates special permit for the play of electronic versions of instant bingo, etc.

Patron: McPike

Charitable gaming; special permit for the play of electronic versions of instant bingo, pull tabs, or seal cards on certain premises. Creates a special permit that shall be granted to a qualified organization that has already received a general permit for the conduct of charitable gaming from the Department of Agriculture and Consumer Services to allow such organization to place Department-approved electronic versions of instant bingo, pull tabs, or seal cards on the licensed premises of an entity licensed to sell alcoholic beverages for on-premises consumption with the consent of such licensee. The bill also exempts qualified organizations that are granted such special permit from certain requirements relating to (i) limits on the number of organizations for which a person may manage, operate, or conduct charitable games; (ii) prohibitions on providing compensation or any other remuneration to persons for organizing, managing, or conducting charitable games; or (iii) the use of proceeds derived from the conduct of charitable games, as those requirements relate to the management, operation, or conduct of charitable games pursuant to such special permit.

A BILL to amend and reenact §§ 18.2-340.27:1 and 18.2-340.28 of the Code of Virginia, relating to charitable gaming; special permit for the play of electronic versions of instant bingo, pull tabs, or seal cards on certain premises.

20102349D

S.B. 410 Public school buildings; testing for Legionella bacteria, review, report.

Patron: Hashmi

Public school buildings; testing for Legionella bacteria; review; report. Requires each school board to test each public school building in the local school division for the presence of Legionella bacteria at such regular intervals as the school board deems necessary to maintain the health and decency of such buildings. The bill requires the Department of Education to make recommendations for the frequency of testing for the presence of Legionella bacteria in public school buildings and to notify each local school board of its recommendations no later than September 1, 2020. The bill also requires each public elementary and secondary school to maintain files of its Legionella bacteria test results and make such files available for review and the division superintendent to report such results to the Department of Health.

A BILL to amend and reenact § 22.1-138 of the Code of Virginia, relating to public school buildings; testing for Legionella bacteria; review; report.

20104248D

S.B. 462 Higher educational institutions, public; in-state tuition, children of active duty service members.

Patron: Reeves

Public institutions of higher education; in-state tuition; children of active duty service members or veterans. Provides that any child of an active duty member or veteran who claimed Virginia as his home state and filed Virginia tax returns for at least 10 years during active duty service is eligible for in-state tuition charges regardless of domicile.

A BILL to amend and reenact § 23.1-506 of the Code of Virginia, relating to public institutions of higher education; in-state tuition; children of active duty service members or veterans.

20102339D

S.B. 481 Employees; earned sick leave, civil penalties.

Patron: Favola

Earned paid sick time. Requires public and private employers with six or more employees to provide those employees with earned paid sick time. The measure provides for an employee to earn at least one hour of paid sick leave benefit for every 30 hours worked. An employee shall not use more than 40 hours of earned paid sick time in a year, unless the employer selects a higher limit. Employees shall not be entitled to use accrued earned paid sick time until the ninetieth calendar day following commencement of their employment, unless otherwise permitted by the employer. The bill provides that earned paid sick time may be used (i) for an employee's mental or physical illness, injury, or health condition; an employee's need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or an employee's need for preventive medical care; (ii) to provide care to a family member under similar circumstances; (iii) when there is a closure of the employee's place of business or the employee's child's school or place of care due to a public health emergency; or (iv) when an employee's or employee's family member's presence in the community may jeopardize the health of others because of their exposure to a communicable disease. The bill authorizes the Commissioner of Labor and Industry, in the case of a knowing violation, to subject an employer to a civil penalty not to exceed $150 for the first violation, $300 for the second violation, and $500 for each successive violation, if the second or successive violation occurs within two years of the previous violation. The Commissioner of Labor and Industry may institute proceedings on behalf of an employee to enforce compliance with this measure and to collect specified amounts from the employer, which shall be awarded to the employee. Alternatively, an aggrieved employee is authorized to bring a civil action against the employer in which he may recover double the amount of any unpaid earned sick time and the amount of any actual damages suffered as the result of the employer's violation. The measure has a delayed effective date of January 1, 2021.

A BILL to amend the Code of Virginia by adding in Chapter 3 of Title 40.1 an article numbered 2.1, consisting of sections numbered 40.1-33.1 through 40.1-33.13, relating to employees; earned paid sick time; civil penalties.

20104341D

S.B. 510 Milk; definition, misbranding product, prohibition.

Patron: Reeves

Milk; definition; misbranding; prohibition. Defines milk as the lacteal secretion of a healthy hooved mammal and provides that a food product is unlawfully misbranded if its label states that it is milk and it fails to meet such definition, except for human breast milk. The bill directs the Board of Agriculture and Consumer Services to implement a plan to ban all products misbranded as milk.

A BILL to amend and reenact §§ 3.2-5120, 3.2-5121, and 3.2-5123 of the Code of Virginia, relating to milk; definition; misbranding.

20103558D

S.B. 511 Writ of actual innocence; petition by convicted person.

Patron: Edwards

Petition for writ of actual innocence. Provides that a person who was convicted of a felony or who was adjudicated delinquent by a circuit court of an offense that would be a felony if committed by an adult may petition for a writ of actual innocence based on biological evidence or nonbiological evidence regardless of the type of plea he entered at trial. Under current law, such person may petition for a writ based on biological evidence if he entered a plea of not guilty, and any person, regardless of the type of plea he entered at trial, may petition for such writ if he is sentenced to death or convicted or adjudicated delinquent of murder or a felony for which the maximum punishment is imprisonment for life. The bill also (i) allows a writ of actual innocence based on nonbiological evidence to be granted if scientific testing of previously untested evidence, regardless of whether such evidence was available or known at the time of conviction, proves that no trier of fact would have found proof of guilt of the person petitioning for the writ, provided that the testing procedure was not available at the time of conviction, and (ii) eliminates the provision that limits a petitioner to only one writ of actual innocence based on nonbiological evidence for any conviction. The bill provides that the petitioner must prove the allegations supporting either type of writ of actual innocence by a preponderance of the evidence. Currently, the petitioner must prove such allegations by clear and convincing evidence. Finally, the bill clarifies that the Attorney General may join a petition for a writ of actual innocence filed in connection with an adjudication of delinquency.

A BILL to amend and reenact §§ 19.2-327.2, 19.2-327.2:1, 19.2-327.3, 19.2-327.5, 19.2-327.10, 19.2-327.10:1, 19.2-327.11, and 19.2-327.13 of the Code of Virginia, relating to petition for writ of actual innocence.

20104713D

S.B. 513 Driver's license; suspensions for certain non-driving related offenses.

Patron: Edwards

Driver's license suspensions for certain non-driving related offenses. Removes the existing provisions that allow a person's driver's license to be suspended (i) when he is convicted of or placed on deferred disposition for a drug offense; (ii) for non-payment of certain fees owed to a local correctional facility or regional jail; and (iii) for shoplifting motor fuel.

A BILL to amend and reenact §§ 18.2-251, 46.2-410.1, 46.2-819.2, and 53.1-127.3 of the Code of Virginia and to repeal §§ 18.2-259.1, 46.2-320.2, 46.2-390.1, 46.2-416.1, and 53.1-127.4 of the Code of Virginia, relating to driver's license suspensions for certain non-driving related offenses.

20102914D

S.B. 534 Hope Card Program; permanent protective orders.

Patron: Vogel

Hope Card Program; permanent protective orders. Requires the Office of the Executive Secretary of the Supreme Court of Virginia to develop and implement a Hope Card Program (the Program) for the issuance of a Hope Card to any person who has been issued a permanent protective order by any general district court, juvenile and domestic relations court, or circuit court. The bill states that a Hope Card issued pursuant to the Program shall be a durable, plastic, wallet-sized card containing essential information about the protective order, such as the identifying information and characteristics of the person subject to the protective order, the issuance and expiration date of the protective order, the terms of the protective order, and the names of any other persons protected by the protective order.

A BILL to amend the Code of Virginia by adding a section numbered 19.2-152.10:1, relating to the Hope Card Program; permanent protective orders.

20102502D

S.B. 552 Regional alternative education programs; funding.

Patron: Ruff

Regional alternative education programs; funding. Requires the funding transferred from the Department of Education to the relevant school divisions in support of a regional alternative education program to be based on each such school division's need for the current school year. Under current law, such funding is transferred based on data accumulated during the prior school year.

A BILL to amend and reenact § 22.1-209.1:2 of the Code of Virginia, relating to regional alternative education programs; funding.

20103948D

S.B. 557 VDOT; electronic speed indicator signs on U.S. Route 17.

Patron: Vogel

VDOT; electronic speed indicator signs; U.S. Route 17. Requires the Commissioner of Highways to place at least six permanent electronic speed indicator signs on U.S. Route 17 near particular intersections in Fauquier County.

A BILL to require the Commissioner of Highways to place permanent electronic speed indicator signs on U.S. Route 17.

20104606D

S.B. 568 Medical Assistance Services, Board of; state pharmacy benefits manager.

Patron: Dunnavant

Board of Medical Assistance Services; state pharmacy benefits manager. Requires the Board of Medical Assistance Services (the Board) to select, every four years, a third-party administrator to serve as the state pharmacy benefits manager used by Medicaid managed care organizations under the state plan for medical assistance. Under the bill, the state pharmacy benefits manager is responsible for all claims under the state plan. The bill requires the Board, in selecting the state pharmacy benefits manager, to establish eligibility criteria, develop a master contract to be used between the state pharmacy benefits manager and a Medicaid managed care organization, and establish mandatory disclosures for the applicants. The bill requires the state pharmacy benefits manager, in consultation with the Director of Medical Assistance Services (the Director), to develop a drug formulary for use when administering prescribed drug benefits on behalf of a Medicaid managed care organization under the state plan. The bill prohibits payments for drugs that exceed the per unit price on the formulary. The bill requires the Director to establish an appeals process by which pharmacies may appeal any disputes relating to the maximum allowable cost set by the state pharmacy benefits manager. The bill requires the state pharmacy benefits manager to provide a quarterly report to the Board containing certain information.

A BILL to amend the Code of Virginia by adding a section numbered 32.1-325.04, relating to the Board of Medical Assistance Services; state pharmacy benefits manager.

20101952D

S.B. 608 Police and court records; expungement.

Patron: Norment

Expungement of police and court records; pardons. Allows a person to petition for the expungement of the police and court records relating to such person's conviction for misdemeanors and certain felonies if he has been granted a simple pardon for the crime. Under current law, police and court records relating to convictions are only expunged if a person received an absolute pardon for a crime he did not commit.

A BILL to amend and reenact §§ 19.2-392.1, 19.2-392.2, and 19.2-392.4 of the Code of Virginia, relating to expungement of police and court records; pardons.

20103840D

S.B. 619 Teacher licensure; completion of mental health first aid program.

Patron: Deeds

Teacher licensure; mental health first aid. Requires the Board of Education to amend its regulations related to teacher licensure to require that every person seeking initial licensure complete a Mental Health First Aid training or similar program and every person seeking renewal of a license complete an online module on mental health developed or approved by the Department of Education. The bill requires the Department of Education, in collaboration with the Department of Behavioral Health and Developmental Services, to develop or approve one or more online modules on mental health by November 30, 2020.

A BILL to amend and reenact § 22.1-298.1 of the Code of Virginia, relating to teacher licensure; mental health first aid.

20104685D

S.B. 640 Unlawful detainer; expungement of actions.

Patron: Surovell

Unlawful detainer; expungement. Creates a process by which unlawful detainer actions filed in a general district court that have been dismissed or nonsuited may be expunged upon request of the defendant to such action.

A BILL to amend the Code of Virginia by adding in Article 13 of Chapter 3 of Title 8.01 a section numbered 8.01-130.01, relating to unlawful detainer; expungement.

20100736D

S.B. 702 Marine Resources Commission; permit fees, pier application, oyster fund.

Patron: Mason

Marine Resources Commission permit fees; pier application; oyster fund. Requires the submission of an application to the Marine Resources Commission for review and processing prior to the construction of a private pier by an owner of riparian land. The bill creates a nonrefundable processing fee of $100 to accompany each such application and each application submitted to the Commission for a permit to use state-owned submerged lands. The bill increases permit fees for the use of such bottomlands from $25 to $100 for projects costing no more than $10,000 and from $100 to $300 for projects costing more than $10,000 but, under the bill, no more than $500,000 and imposes a fee of $600 for a new category of projects costing more than $500,000. The bill increases the range of royalties for the removal of bottom material from $0.20-$0.60 per cubic yard to $0.40-$0.80. The bill authorizes the Commission to increase or decrease fees every three years for certain marine habitat applications, permits, leases, rents, and royalties at a rate no greater than the change in the Consumer Price Index. Finally, the bill establishes the Oyster Leasing, Conservation, and Repletion Programs Fund for the purpose of administering the Commission's oyster ground leasing program and its oyster conservation and repletion program.

A BILL to amend and reenact §§ 28.2-1203 and 28.2-1206 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 28.2-627.1, relating to oyster leasing, conservation, and repletion programs; fees; fund.

20102953D

S.B. 704 Chesapeake Bay Watershed Implementation Plan initiatives; nutrient management plans.

Patron: Mason

Chesapeake Bay Watershed Implementation Plan initiatives; nutrient management plans; livestock stream exclusion. Requires any operator of at least 50 acres of cropland in the Chesapeake Bay watershed to submit a nutrient management plan for such cropland by July 1, 2026, to the Department of Conservation and Recreation (DCR). DCR shall review such plans and provide technical assistance, and the operator shall have an affirmative defense if he has applied for cost-share funding and is waiting to receive such funds.

The bill requires any person who owns 20 or more bovines in the watershed, beginning July 1, 2026, to install stream exclusion practices that satisfy regulations adopted by the Department of Environmental Quality (DEQ). The person shall have an affirmative defense if he has applied for cost-share funding and is waiting to receive such funds, or if his installed stream exclusion practices were damaged or destroyed.

The bill authorizes DCR and DEQ to adopt regulations to carry out its provisions. The bill provides that if the Secretary of Natural Resources determines that sufficient numbers of stream exclusion practices or nutrient management plans have been put in place to satisfy the Commonwealth's commitments in the Chesapeake Bay Total Maximum Daily Load Phase III Watershed Implementation Plan, he shall, on or before December 31, 2025, recommend that all or part of the bill be repealed.

A BILL to amend and reenact § 3.2-401 of the Code of Virginia and to amend the Code of Virginia by adding in Title 62.1 a chapter numbered 3.8, containing articles numbered 1 through 4, consisting of sections numbered 62.1-44.119 through 62.1-44.131, relating to Chesapeake Bay watershed implementation plan initiatives; civil penalty.

20105196D

S.B. 705 United States passports; issuance by circuit court clerk's office.

Patron: Obenshain

Issuance of United States passports by clerk's office. Provides that a clerk of a circuit court shall collect whatever fee is specified by the U.S. Department of State for processing and issuing a United States passport, of which $10 shall be paid to the Commonwealth and the remainder shall be deposited with the local treasurer and used solely to fund such services.

A BILL to amend and reenact § 17.1-275 of the Code of Virginia, relating to fees for issuance of United States passports by clerk's office.

20104578D

S.B. 723 Bail; data collection and reporting standards, report.

Patron: McClellan

Bail; data collection and reporting standards; report. Requires the Department of Criminal Justice Services to (i) collect data relating to bail determinations for any person who is held in custody pending trial or hearing for an offense, civil or criminal contempt or otherwise, in every locality; (ii) create a uniform reporting mechanism for criminal justice agencies to submit such data; and (iii) submit an annual report on the data collected to the Governor and the General Assembly, as well as publish the annual report on the Department's website. The bill also provides that the law addressing bail is to be construed so as to give effect to a general presumption in favor of pretrial release. The bill also requires the Department to report to the House Committee for Courts of Justice by January 1, 2021, on the development and application of the uniform reporting mechanisms. The bill has a delayed effective date of July 1, 2021, for provisions related to the creation of uniform reporting mechanisms and data collection by the Department.

A BILL to amend the Code of Virginia by adding a section numbered 19.2-119.1 and by adding in Article 1 of Chapter 9 of Title 19.2 a section numbered 19.2-134.1, relating to bail; data collection and reporting standards; report.

20102492D

S.B. 728 Standards of Quality; work-based learning, teacher leaders and mentors, principal mentors.

Patron: McClellan

Standards of Quality; work-based learning; teacher leaders and mentors; principal mentors; certain personnel positions and initiatives. Makes several changes to the Standards of Quality, including requiring the establishment of a unit in the Department of Education to oversee work-based learning statewide in Standard 1 and requiring the Board of Education to establish and oversee the local implementation of teacher leader and teacher mentor programs and the establishment of a unit in the Department of Education to oversee principal mentorship statewide in Standard 5. The bill also makes several changes relating to school personnel in Standard 2, including (i) establishing schoolwide ratios of students to teachers in certain schools with high concentrations of poverty and granting flexibility to provide compensation adjustments to teachers in such schools; (ii) requiring each school board to assign licensed personnel in a manner that provides an equitable distribution of experienced, effective teachers and other personnel among all schools in the local school division; (iii) requiring each school board to employ teacher leaders and teacher mentors at specified student-to-position ratios; (iv) requiring state funding in addition to basic aid to support at-risk students and granting flexibility in the use of such funds by school boards; (v) lowering the ratio of English language learner students to teachers; (vi) requiring each school board to employ reading specialists and establishing a student-to-position ratio for such specialists; (vii) requiring school boards to employ one full-time principal in each elementary school; (viii) lowering the ratio of students to assistant principals and school counselors in elementary, middle, and high schools; and (ix) requiring each school board to provide at least four specialized student support positions, including school social workers, school psychologists, school nurses, and other licensed health and behavioral positions, per 1,000 students.

A BILL to amend and reenact §§ 22.1-129, 22.1-199.1, 22.1-253.13:1, 22.1-253.13:2, 22.1-253.13:3, 22.1-253.13:5, 22.1-274, 22.1-274.01:1, 22.1-294, 22.1-299.4, 22.1-303, and 51.1-617 of the Code of Virginia and to repeal § 22.1-305.1 of the Code of Virginia, relating to the Standards of Quality; work-based learning; teacher leaders and mentors; principal mentors; certain personnel positions and initiatives.

20102125D

S.B. 735 Peer-to-peer vehicle sharing platforms;establishes requirements.

Patron: Newman

Peer-to-peer vehicle sharing platforms. Establishes insurance, taxation, recordkeeping, disclosure, and safety recall requirements for peer-to-peer vehicle sharing platforms, defined in the bill.

A BILL to amend and reenact §§ 38.2-2204, 59.1-207.29, 59.1-207.31, and 59.1-207.32 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 14 of Title 46.2 an article numbered 2, consisting of sections numbered 46.2-1408 through 46.2-1415, and by adding in Chapter 17 of Title 58.1 an article numbered 12, consisting of sections numbered 58.1-1745 through 58.1-1748, relating to peer-to-peer vehicle sharing platforms.

20105109D

S.B. 749 Peer-to-peer vehicle sharing platforms; establishes sale of insurance, etc., for platforms.

Patron: Cosgrove

Peer-to-peer vehicle sharing platforms; regulation; insurance; taxation. Establishes taxation, insurance coverage, sale of insurance, disclosure, safety recall, airport operation, and recordkeeping requirements for peer-to-peer vehicle sharing platforms, as defined in the bill.

A BILL to amend and reenact §§ 38.2-1800, 58.1-1735, 58.1-1736, 58.1-1738, 58.1-2402, as it is currently effective and as it may become effective, 59.1-207.29, 59.1-207.31, and 59.1-207.32 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 20 of Title 46.2 an article numbered 16, consisting of sections numbered 46.2-2099.54 through 46.2-2099.64, relating to peer-to-peer vehicle sharing platforms; regulation; insurance; taxation.

20105235D

S.B. 750 Peer-to-peer vehicle sharing platforms; definition, taxation.

Patron: Cosgrove

Peer-to-peer vehicle sharing platforms; taxation. Provides that peer-to-peer vehicle sharing platforms, as defined in the bill, are rentors for the purposes of taxation.

A BILL to amend and reenact §§ 58.1-1735 and 58.1-1738 of the Code of Virginia, relating to peer-to-peer vehicle sharing platforms; taxation.

20102741D

S.B. 762 Solar energy projects; revenue share assessment.

Patron: Barker

Solar energy projects; revenue share assessment. Authorizes any locality by ordinance to assess a revenue share of up to $0.55 per megawatt hour on any solar photovoltaic (electric energy) project with certain exceptions and expands an existing tax exemption for such projects under certain conditions. The bill authorizes such revenue share to apply to existing projects only if certain conditions are met.

A BILL to amend and reenact § 58.1-3660 of the Code of Virginia and to amend the Code of Virginia by adding in Article 2 of Chapter 26 of Title 58.1 a section numbered 58.1-2636, relating to solar energy projects; revenue share assessment.

20103370D

S.B. 763 Real estate tax; exemption for certified pollution control equipment and facilities.

Patron: Barker

Real estate tax exemption for certified pollution control equipment and facilities. Provides that the tax exemption for certain solar photovoltaic (electric energy) projects shall not be available to projects that begin construction after January 1, 2030. Under current law, the exemption is not available to projects that begin construction after January 1, 2024. The bill broadens the applicability of this sunset date by applying it to all projects greater than five megawatts. Under current law, the sunset applies only to projects greater than 20 megawatts.

The bill provides that for projects greater than five megawatts, the value of the exemption shall be reduced by multiplying it by 80 percent for the first five years, 70 percent for the next five years, and 60 percent from 10 years until the project ceases to operate. The bill contains technical amendments.

A BILL to amend and reenact § 58.1-3660 of the Code of Virginia, relating to the real estate tax exemption for certified pollution control equipment and facilities.

20103372D

S.B. 764 Certificate of public need; revises the Medical Care Facilities Certificate of Public Need Program.

Patron: Barker

Certificate of public need. Revises the Medical Care Facilities Certificate of Public Need Program. The bill (i) removes from the list of reviewable medical care facilities specialized centers or clinics or that portion of a physician's office developed for the provision of lithotripsy, magnetic source imaging, or nuclear medicine imaging; (ii) removes from the definition of project introduction into an existing medical care facility of any new lithotripsy, magnetic source imaging, or obstetrical service that the facility has never provided or has not provided in the previous 12 months and addition by an existing medical care facility of any medical equipment for the provision of lithotripsy and magnetic source imaging; (iii) creates a new process for registration of projects exempted from the definition of project by the bill; (iv) renames the State Medical Facilities Plan as the State Health Services Plan and establishes a State Health Services Plan task force to provide recommendations related to the content of the State Health Services Plan; (v) clarifies the content of the application for a certificate; (vi) reduces the timeline for a person to be made party to the case for good cause from 80 calendar days to four days following completion of the review and submission of recommendations related to an application; (vii) requires the Commissioner of Health to condition issuance of a certificate upon the agreement of the applicant to provide care to individuals who are eligible for benefits under Title XVIII of the Social Security Act (42 U.S.C. § 1395 et seq.), Title XIX of the Social Security Act (42 U.S.C. § 1396 et seq.), and 10 U.S.C. § 1071 et seq. and permits the Commissioner to condition the issuance of a certificate on the agreement of the applicant to provide specialty medical services or to pay assessments or make contributions into the Health Care Coverage Assessment Fund, in addition to existing options for conditioning certificates; (viii) requires every certificate holder to develop a financial assistance policy that includes specific eligibility criteria and procedures for applying for charity care, which shall be provided to a patient at the time of admission or discharge or at the time services are provided, included with any billing statements sent to uninsured patients, posted conspicuously in public areas of the medical care facility for which the certificate was issued and posted on a website maintained by the certificate holder; (ix) eliminates that a person willfully fail, refuse, or neglect to comply with a plan of correction to be subject to a civil penalty so that any failure, refusal, or neglecting to comply with a plan of correction may subject the person to a civil penalty; and (x) provides that the Commissioner may consider any changes in the circumstances of the certificate holder resulting from changes in the financing or delivery of health care services, including changes to the Commonwealth's program of medical assistance services, and any other specific circumstances of the certificate holder when determining whether conditions imposed on a certificate continue to be appropriate.

The bill also (a) directs the Department of Health to develop recommendations to reduce the duration of the average review cycle for applications for certificates of public need to not more than 120 days and to report on its recommendations to the Governor and the General Assembly no later than December 1, 2020, and (b) directs the Secretary of Health and Human Resources to implement a system to ensure that data needed to evaluate whether an application for a certificate is consistent with the State Health Services Plan is timely and reliable; to make all public records pertaining to applications for certificates and the review process available in real time in a searchable, digital format online; to make an inventory of capacity authorized by certificates of public need, both operational and not yet operational, available in a digital format online; and to establish a public education and outreach program designed to improve public awareness of the certificate of public need process and the public's role in such process by January 1, 2021.

 

A BILL to amend and reenact §§ 2.2-4006, 32.1-3, 32.1-102.1, 32.1-102.2, 32.1-102.2:1, 32.1-102.3, 32.1-102.4, 32.1-102.6, 32.1-102.8, 32.1-102.10, 32.1-102.11, 32.1-239, 32.1-276.5, and 56-484.91 of the Code of Virginia, and to amend the Code of Virginia by adding sections numbered 32.1-102.1:2, 32.1-102.1:3, and 32.1-102.6:1, relating to certificate of public need.

20103707D

S.B. 779 Sixth grade science curriculum; DOE & DEQ to update.

Patron: Lewis

Department of Education and Department of Environmental Quality; sixth grade science curriculum. Directs the Department of Education to coordinate with the Department of Environmental Quality to update the "Window into a Green Virginia" curriculum developed by the Departments for sixth grade science to include a unit on the benefits, including the energy benefits, of recycling and reuse.

A BILL to direct the Department of Education to coordinate with the Department of Environmental Quality to update certain sixth grade science curriculum.

20103871D

S.B. 783 Marine Resources Commission; carbon market participation.

Patron: Lewis

Marine Resources Commission; carbon market participation. Authorizes the Marine Resources Commission to participate in any carbon market for which submerged aquatic vegetation restoration qualifies as an activity that generates carbon offset credits and to enter into agreements necessary to effect such participation, including with private entities for assistance with registration and sale of offset credits. The bill requires any revenue resulting from the sale of such credits to be used to implement additional submerged aquatic vegetation monitoring, restoration, and research or to cover any administrative costs of participation in the credit market. The bill also requires the Commission to hold exclusive title to credits until sold.

A BILL to amend and reenact § 28.2-1204.1 of the Code of Virginia, relating to Marine Resources Commission; carbon market participation.

20103471D

S.B. 791 Menhaden; management of the fishery.

Patron: Lewis

Management of the menhaden fishery. Requires the Virginia Marine Resources Commission to adopt regulations necessary to manage Atlantic menhaden, including those necessary to comply with the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan for Atlantic Menhaden. The bill repeals several Code sections relating to quotas, allocation of allowable landings, and administrative procedures that will be included in a regulatory framework for managing the fishery.

A BILL to amend and reenact §§ 2.2-4002, 2.2-4103, 28.2-201, 28.2-409, and 28.2-410 of the Code of Virginia and to repeal §§ 28.2-400.2 through 28.2-400.6, 28.2-411, and 28.2-1000.2 of the Code of Virginia, relating to management of the menhaden fishery.

20102893D

S.B. 793 Parole; exception to limitation on the application of parole statutes.

Patron: McClellan

Parole; exception to limitation on the application of parole statutes. Provides that an incarcerated person is eligible for parole if (i) such person was sentenced by a jury prior to the date of the Supreme Court of Virginia decision in Fishback v. Commonwealth, 260 Va. 104 (June 9, 2000), in which the Court held that a jury should be instructed on the fact that parole has been abolished, for a noncapital felony committed on or after the abolition of parole went into effect (on January 1, 1995) and (ii) the jury was not instructed on the abolition of parole in the Commonwealth.

A BILL to amend and reenact § 53.1-165.1 of the Code of Virginia, relating to parole; exception to the limitation on the application of parole statutes.

20103371D

S.B. 800 Real property; tax exemption for certified pollution control equipment and facilities.

Patron: Lewis

Real property tax exemption for certified pollution control equipment and facilities. Advances the sunset date of the real property tax exemption for solar photovoltaic (electric energy) projects greater than 20 megawatts from 2024 to 2021.

A BILL to amend and reenact § 58.1-3660 of the Code of Virginia, relating to real property tax exemption for certified pollution control equipment and facilities.

20103902D

S.B. 806 Noncapital cases; ex parte requests for investigative services or expert assistance.

Patron: Morrissey

Ex parte requests for investigative services or expert assistance in noncapital cases. Allows a defendant or his attorney, when such defendant is charged with a noncapital offense and is financially unable to pay for investigative services or expert assistance, to move a court to conduct an ex parte hearing on a request for such services or assistance. For a motion for investigative services, the bill requires a defendant or his attorney to state under oath or in a sworn declaration that a need for confidentiality exists regarding the request for investigative services and, after a hearing upon the motion, the court shall authorize the defendant or his attorney to obtain investigative services upon a showing that the requested services would materially assist the defendant and are necessary in order to guarantee an adequate defense and that the lack of such confidential services would result in a fundamentally unfair trial. For a motion for expert assistance, the bill requires a defendant or his attorney to show, in an adversarial proceeding before the trial judge, a particularized need for confidentiality of the request for expert assistance. Upon a finding, by clear and convincing evidence, that a particularized need for confidentiality of the expert services exists, the court shall hold an ex parte hearing and may order the appointment of a qualified expert upon a showing that the provision of the requested expert services would materially assist the defendant in preparing his defense and the lack of such confidential assistance would result in a fundamentally unfair trial.

 

A BILL to amend the Code of Virginia by adding in Article 5 of Chapter 15 of Title 19.2 sections numbered 19.2-266.4 and 19.2-266.5, relating to ex parte requests for investigative assistance or expert assistance in noncapital cases.

20103178D

S.B. 818 Behavioral health dockets; established.

Patron: Morrissey

Behavioral health dockets; established. Establishes, by the Behavioral Health Docket Act (the Act), behavioral health courts as specialized court dockets within the existing structure of Virginia's court system, offering judicial monitoring of intensive treatment and supervision of offenders who have mental illness and co-occurring substance abuse issues. The bill establishes a state behavioral health docket advisory committee and requires localities intending to establish such dockets to establish local behavioral health docket advisory committees. The bill gives the Supreme Court of Virginia administrative oversight of the implementation of the Act. The Act is modeled on the Drug Treatment Court Act (§ 18.2-254.1).

A BILL to amend the Code of Virginia by adding a section numbered 18.2-254.3, relating to the Behavioral Health Docket Act.

20103858D

S.B. 831 Utility Transfers Act; water and sewer utilities, sales of assets.

Patron: Lewis

Utility Transfers Act; water and sewer utilities. Authorizes a water or sewer public utility acquiring a water or sewer system to elect to have its rate base established by using the fair market value of the system assets instead of the system's depreciated original cost. Under the procedure established in this bill, the fair market value of the system is the average of three appraisals conducted by accredited and impartial utility valuation experts, who shall determine the fair market value of the system in compliance with the uniform standards of professional appraisal practice, employing cost, market, and income approaches to assessment of value. The bill provides that the rate base value of the acquired system assets is the authorized fees and costs plus the lesser of the purchase price negotiated between the acquiring utility and the selling utility or the fair market value.

A BILL to amend and reenact §§ 56-88 and 56-90 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 56-90.2, relating to the Utility Transfers Act; water and sewer utilities; sales of assets.

20104994D

S.B. 838 Nonpayment of wages; private action, liability for wages payments due under construction contracts.

Patron: Ebbin

Nonpayment of wages; private action; liability for payment of wages due under construction contracts; penalties. Provides that an employee has a private cause of action against an employer who fails to pay wages to recover the amount of wages due plus interest at eight percent annually from the date the wages were due. If the court finds that the employer knowingly failed to pay wages to an employee, the court shall award the employee (i) reasonable attorney fees and other costs and (ii) unless the court finds that the employer's failure to pay was because of a bona fide dispute between the employer and employee, an amount equal to triple the amount of wages due. The measure provides that an employer that knowingly fails or refuses to pay wages, unless the failure to pay was because of a bona fide dispute between the employer and its employee, is guilty of a Class 1 misdemeanor if the value of the wages earned and not paid by the employer is less than $10,000 or a Class 6 felony if the value of the wages earned and not paid is $10,000 or more or if the conviction is a second or subsequent conviction. Currently, criminal liability attaches if an employer's nonpayment of wages is willful and with intent to defraud. The measure also provides that construction contracts entered into on or after July 1, 2018, shall be deemed to include a provision under which the general contractor and subcontractor at any tier are jointly and severally liable to pay the wages due to any subcontractor's employees. If the wages due to the subcontractor's employees are not paid, the general contractor is subject to criminal and civil penalties for which an employer is liable for failing or refusing to pay wages. The measure requires the subcontractor to indemnify the general contractor for wages, damages, interest, penalties, or attorney fees owed as a result of the subcontractor's failure to pay the wages unless the subcontractor's failure to pay wages was because of the general contractor's failure to pay moneys due to the subcontractor. The measure also provides that the lack of privity between the general contractor and the employees of the subcontractor is not a defense in an action against the general contractor arising from nonpayment of wages to the subcontractor's employees.

A BILL to amend and reenact § 40.1-29 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 11-4.6, relating to nonpayment of wages; construction contracts; joint and several liability of general contractor and subcontractor for payment of wages to subcontractor's employees; cause of action; penalties.

20104975D

S.B. 841 George Mason University; establishment of a school of medicine.

Patron: Petersen

George Mason University; establishment of a school of medicine. States that it is the sense of the General Assembly that George Mason University shall be permitted to take steps to investigate and pursue the potential of establishing a school of medicine in the Northern Virginia area.

A BILL to permit George Mason University to pursue the potential of establishing a school of medicine.

20102441D

S.B. 854 Virginia Urban Agriculture Advisory Council; created, report.

Patron: Petersen

Virginia Urban Agriculture Advisory Council created; report. Creates the Virginia Urban Agriculture Advisory Council as an advisory council in the legislative branch of state government to encourage urban agriculture and contribute to building a local food economy. The bill has an expiration date of July 1, 2023.

A BILL to amend the Code of Virginia by adding in Subtitle II of Title 3.2 a part labeled E, containing a chapter numbered 31.2, consisting of sections numbered 3.2-3122 through 3.2-3127, relating to Virginia Urban Agriculture Advisory Council; report.

20104214D

S.B. 863 Southwestern Va. Mental Health Institute; Governor to lease a portion of property to Smyth County.

Patron: Pillion

Disposition of property previously used by the Department of Behavioral Health and Developmental Services as the Southwestern Virginia Mental Health Institute. Authorizes the Governor to lease a portion of property previously used by the Department of Behavioral Health and Developmental Services as the Southwestern Virginia Mental Health Institute to Smyth County for a term of three years. The bill also corrects tax map references contained in Chapter 678 of the Acts of Assembly of 2019, which also involved conveyances of property in Smyth County.

A BILL to authorize the Commonwealth to lease a portion of property previously used by the Department of Behavioral Health and Developmental Services as the Southwestern Virginia Mental Health Institute and to amend and reenact §§ 1 and 2 of Chapter 678 of the Acts of Assembly of 2019.

20104721D

S.B. 866 Virginia Human Rights Act; discrimination on the basis of pregnancy, childbirth.

Patron: Favola

Virginia Human Rights Act; discrimination on the basis of pregnancy, childbirth, or related medical conditions. Creates a cause of action against any employer employing more than five but fewer than 15 persons who engages in an unlawful discriminatory act against any employee on the basis of pregnancy, childbirth, or related medical conditions. Under current law, an employee who has been discriminated against on the basis of pregnancy, childbirth, or related medical conditions may only file an action against his employer if the employee is discharged by the employer on the basis of sex. The bill permits a court, in cases where the employee prevails, to award compensatory or punitive damages, and attorney fees not to exceed 25 percent of the amount awarded. The bill also clarifies that for purposes of the cause of action, discrimination on the basis of pregnancy, childbirth, or related medical conditions includes discrimination against a person because such person may become pregnant or has been pregnant.

A BILL to amend and reenact § 2.2-3903 of the Code of Virginia, relating to the Virginia Human Rights Act; discrimination on the basis of pregnancy, childbirth, or related medical conditions.

20105006D

S.B. 873 DPOR; regulatory boards expungement of disciplinary records.

Patron: DeSteph

Department of Professional and Occupational Regulation; regulatory boards; expungement of disciplinary records. Authorizes any regulatory board within the Department of Professional and Occupational Regulation to expunge the disciplinary record of a regulant, provided that (i) the regulant's written application for expungement is made at least five years from the date of final disposition of the disciplinary record, (ii) the disciplinary record is the only disciplinary record that the regulant has with a regulatory board, (iii) the regulant is not the subject of an active investigation related to professional or occupational conduct, (iv) the regulant is not in a current disciplinary status and any fees or fines assessed have been paid in full, and (v) the regulant has not had a disciplinary record previously expunged by the regulatory board. The bill defines "expungement" as the removal of a disciplinary record by (a) permanently sealing the affected record from public access, (b) deeming the proceedings to which the affected record refers as not having occurred, and (c) affording the affected party the right to represent that no record exists regarding the subject matter of the affected record. Under the bill, a regulatory board may use a previous discipline for any regulatory purpose or release records of a previous discipline upon request from law enforcement or any other governmental body as permitted by law.

A BILL to amend the Code of Virginia by adding in Chapter 2 of Title 54.1 a section numbered 54.1-205, relating to the Department of Professional and Occupational Regulation; regulatory boards; expungement of disciplinary records.

20104099D

S.B. 880 School counselors; minimum staffing ratio.

Patron: Locke

Minimum staffing ratio for school counselors. Requires local school boards to employ school counselors in accordance with the following ratios, effective with the 2020%962021 school year: in elementary schools, one hour per day per 75 students, one full-time equivalent at 375 students, one hour per day additional time per 75 students or major fraction thereof; in middle schools, one period per 65 students, one full-time equivalent at 325 students, one additional period per 65 students or major fraction thereof; and in high schools, one period per 60 students, one full-time equivalent at 300 students, one additional period per 60 students or major fraction thereof. The bill also requires local school boards to employ one full-time equivalent school counselor position per 250 students in grades kindergarten through 12, effective with the 2021%962022 school year.

A BILL to amend and reenact § 22.1-253.13:2 of the Code of Virginia, relating to minimum staffing ratio for school counselors.

20102837D

S.B. 891 Animal welfare regulations; keeping of dogs, cats, and rabbits.

Patron: Marsden

Animal welfare regulations; keeping of dogs, cats, and rabbits; Animal Welfare Inspector. Directs the Board of Agriculture and Consumer Services to adopt comprehensive regulations governing (i) the keeping of dogs, cats, and rabbits by any commercial dog breeder, dealer, pet shop, or private or public animal shelter and (ii) the keeping of companion animals by zoos. The regulations are to require an annual $25 registration by every regulated person or facility and may establish standards that apply only to a particular category of regulated entity. The bill creates the position of State Animal Welfare Inspector as an employee of the Commissioner of Agriculture and Consumer Services and directs the Inspector or a representative to conduct two annual inspections of each regulated facility. Finally, the bill directs the State Veterinarian to convene a technical advisory committee that includes representatives of potentially affected breeders, dealers, pet shops, shelters, agencies, zoos, veterinarians, and others, as well as representatives of the Office of the Attorney General, to assist in the development of regulations and guidance required by the bill.

A BILL to amend and reenact § 3.2-6500 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 3.2-5901.1 and 3.2-6501.1, relating to keeping of dogs, cats, and rabbits; Animal Welfare Inspector; regulations.

20101575D

S.B. 902 Long-term care services and supports; preadmission screenings.

Patron: Barker

Long-term care services and supports; preadmission screenings. Provides that every individual who applies for community or institutional long-term care services and supports as defined in the state plan for medical assistance services may choose to receive services in a community or institutional setting and may choose the setting and provider of long-term care services and supports from a list of approved providers. The bill also clarifies requirements related to the performance of such long-term care services and supports screenings.

A BILL to amend and reenact §§ 32.1-330, 32.1-330.01, and 32.1-330.3 of the Code of Virginia, relating to long-term care services and supports; screenings.

20104850D

S.B. 910 Standards of Quality; state funding, ratios of teachers to English language learners.

Patron: Hashmi

Standards of Quality; state funding; ratios of teachers to English language learners. Requires state funding, pursuant to the general appropriation act, to be provided pursuant to Standard 2 of the Standards of Quality to support divisionwide ratios of English language learner students in average daily membership to full-time equivalent teaching positions as follows: (i) for each English language learner identified as proficiency level one, one position per 25 students; (ii) for each English language learner identified as proficiency level two, one position per 30 students; (iii) for each English language learner identified as proficiency level three, one position per 40 students; and (iv) for all other English language learners, one position per 58 students. Current law requires 17 full-time equivalent instructional positions for each 1,000 students identified as having limited English proficiency.

A BILL to amend and reenact § 22.1-253.13:2 of the Code of Virginia, relating to the Standards of Quality; state funding; ratios of teachers to English language learners.

20102725D

S.B. 918 Industrial hemp extract; approval as food or ingredient, regulations.

Patron: Marsden

Industrial hemp extract; approval as food or ingredient; regulations; fund. Provides that an industrial hemp extract, as defined in the bill, is a food and is subject to applicable laws and regulations. The bill establishes (i) requirements for the production of an industrial hemp extract or a food containing an extract and (ii) conditions under which a manufacturer of such extract or food shall be considered an approved source. The bill authorizes the Board of Agriculture and Consumer Services to adopt regulations establishing contaminant tolerances, labeling requirements, and batch testing requirements, and it provides that moneys collected under the chapter shall be deposited in the Virginia Industrial Hemp Fund, created by the bill. The bill directs the Secretary of Agriculture and Forestry to report by November 1, 2020, a plan for the long-term sustainability of funding for the industrial hemp program.

A BILL to amend the Code of Virginia by adding in Chapter 41.1 of Title 3.2 a section numbered 3.2-4121 and by adding in Chapter 51 of Title 3.2 an article numbered 5, consisting of sections numbered 3.2-5145.1 through 3.2-5145.5, relating to industrial hemp; standards for extracts; regulations; fund.

20102700D

S.B. 930 Virginia Fusion Intelligence Center; creation of a Mental Health Crisis Intervention Hotline.

Patron: Stuart

Virginia Fusion Intelligence Center; creation of a Mental Health Crisis Intervention Hotline. Directs the Virginia Fusion Intelligence Center to (i) establish a 24-hour-a-day, seven-day-a-week toll-free Mental Health Crisis Intervention Hotline (the Hotline) to receive anonymous tips regarding individuals suspected to be in need of mental health treatment to facilitate mental health treatment, crisis intervention, and prevention of tragedies and (ii) develop and implement policies and procedures for referring tips received through the Hotline to state or local law enforcement, as may be appropriate, in a timely manner for follow-up and investigation.

A BILL to amend the Code of Virginia by adding in Chapter 11 of Title 52 a section numbered 52-50, relating to the Virginia Fusion Intelligence Center; creation of a Mental Health Crisis Intervention Hotline.

20104477D

S.B. 931 Income tax, state; subtraction for crime stopper rewards.

Patron: Morrissey

Income tax subtraction; crime stopper rewards. Increases from $1,000 to $5,000 the maximum amount that may be subtracted from taxable income for amounts received as a reward for providing information to a law-enforcement official or agency, or to a nonprofit corporation created exclusively to assist such law-enforcement official or agency, that is used in the apprehension and conviction of perpetrators of crimes.

A BILL to amend and reenact § 58.1-322.02 of the Code of Virginia, relating to income tax subtraction; crime stopper rewards.

20104489D

S.B. 935 Higher educational institutions, public; exemption from out-of-state tuition rates.

Patrons: Boysko, Hashmi

Public institutions of higher education; exemption from out-of-state tuition rates. Permits an individual to be exempt from paying out-of-state tuition rates at public institutions of higher education in the Commonwealth if he meets the following criteria: (i) attended high school for at least one year in the Commonwealth and either (a) graduated from a public or private high school or program of home instruction in the Commonwealth or (b) passed a high school equivalency examination approved by the Secretary of Education and (ii) registers as an entering student or is enrolled in a public institution of higher education in the Commonwealth. The bill provides that this exemption shall be available to students who meet the criteria regardless of their citizenship or immigration status, except that students with currently valid visas issued under 8 U.S.C. § 1101(a)(15)(F), 1101(a)(15)(H)(iii), 1101(a)(15)(J) (including only students or trainees), or 1101(a)(15)(M) are not eligible. Information obtained in implementing the provisions of the bill is confidential and shall be used or disclosed only for purposes of administering the program.

A BILL to amend the Code of Virginia by adding a section numbered 23.1-506.1, relating to public institutions of higher education; exemption from out-of-state tuition rates.

20104686D

S.B. 937 TANF Scholarship Pilot Program; VCCS to establish & administer.

Patron: Surovell

Virginia Community College System; Temporary Assistance for Needy Families Scholarship Pilot Program. Directs the Virginia Community College System (VCCS) to establish and administer a two-year Temporary Assistance for Needy Families (TANF) Scholarship Pilot Program, beginning in 2020, for the purpose of providing access to postsecondary educational opportunities to students living in poverty. The Program would provide scholarships to select comprehensive community colleges in the maximum amount of $4,000 per year to 200 selected students who meet TANF eligibility requirements. The Program would be funded by the unexpended balance in federal TANF block grant funds. The bill directs VCCS to report to the Governor and the General Assembly no later than December 1 of each year of the Program regarding the effectiveness of and other information about the Program.

A BILL to direct the Virginia Community College System to establish the Temporary Assistance for Needy Families Scholarship Pilot Program.

20105208D

S.B. 939 Counties, cities, and towns; labor and employment, collective bargaining.

Patron: Saslaw

Labor and employment; collective bargaining; employees of counties, cities, and towns. Permits counties, cities, and towns to adopt local ordinances authorizing them to (i) recognize any labor union or other employee association as a bargaining agent of any public officers or employees, including public school employees, and (ii) collectively bargain or enter into any collective bargaining contract with any such union or association or its agents with respect to any matter relating to them or their employment.

A BILL to amend and reenact §§ 40.1-55, 40.1-57.2, and 40.1-57.3 of the Code of Virginia, relating to employees of local governments; collective bargaining.

20102021D

S.B. 949 Criminal Injuries Compensation Fund; uncompensated medical costs, victims of sexual assault.

Patron: Lucas

Criminal Injuries Compensation Fund; uncompensated medical costs; victims of sexual assault. Adds to those persons invited to participate in the annual meeting of the group led by the attorney for the Commonwealth to coordinate the multidisciplinary response to criminal sexual assault in each political subdivision (i) local health department district directors; (ii) the administrator of each licensed hospital within the jurisdiction; (iii) the director of each health safety net clinic within the jurisdiction; and (iv) any other local health care providers, or their designees, and authorizes attorneys for the Commonwealth to conduct the sexual assault response team annual meetings using other methods, such as electronic communication means, to encourage attendance. The bill also eliminates the requirement that a victim of sexual assault report the assault to law enforcement or undergo a physical evidence recovery kit examination to be eligible for compensation for uncompensated medical costs through the Criminal Injuries Compensation Fund, and directs the Secretary of Health and Human Resources to establish a work group to evaluate the feasibility of moving responsibility for the SAFE program from the Virginia Workers’ Compensation Commission to the Department of Medical Assistance Services and to provide recommendations related to increasing the reimbursement rates for sexual assault forensic examinations to cover the actual cost of such examinations and including reimbursement of costs associated with preparing for and participating in a criminal trial related to the sexual assault when a sexual assault forensic nurse is subpoenaed to participate in such trial as a cost that is reimbursable through the SAFE program. The workgroup shall report its findings and conclusions to the Governor and the Chairmen of the House Committee on Appropriations, the Senate Committee on Finance, and the Joint Commission on Health Care by September 1, 2020.  This legislation is approved by the Joint Commission on Health Care.

A BILL to amend and reenact §§ 15.2-1627.4 and 19.2-368.11:1 of the Code of Virginia, relating to Criminal Injuries Compensation Fund; unreimbursed medical costs; victims of sexual assault.

20104828D

S.B. 954 Dairy Producer Margin Coverage Premium Assistance Program; established.

Patron: Obenshain

Dairy Producer Margin Coverage Premium Assistance Program. Directs the Commissioner of Agriculture and Consumer Services to establish and administer the Dairy Producer Margin Coverage Premium Assistance Program (the Program). The bill provides that any dairy farmer that has a resource management plan or nutrient management plan and participates in the federal margin coverage program for dairy producers as contained in the federal Agriculture Improvement Act of 2018 is eligible to participate in the Program. Under the bill, each year a Program participant will receive a refund of its annual premium payment paid into the federal program.

A BILL to amend the Code of Virginia by adding in Title 3.2 a chapter numbered 33.1, consisting of sections numbered 3.2-3304, 3.2-3305, and 3.2-3306, relating to Dairy Producer Margin Coverage Premium Assistance Program.

20105430D

S.B. 963 Commonwealth Efficient and Resilient Buildings Board; establishes.

Patron: Surovell

Energy efficiency; Commonwealth Efficient and Resilient Buildings Board. Establishes the Commonwealth Efficient and Resilient Buildings Board to advise the Governor, the Virginia Public Building Authority, and all state agencies, departments, authorities, institutions of higher learning, and political subdivisions on accelerating improvements to state buildings to reduce greenhouse gas emissions and improve resiliency. The Board shall be composed of eleven members, including three nonlegislative citizen members to be appointed by the Governor. The Directors of the Departments of General Services, Mines, Minerals and Energy, and Planning and Budget, or their designees; the Secretaries of Education, Finance, and Natural Resources, or their designees; the Special Assistant to the Governor for Coastal Adaptation and Protection; and the Chairman of the Virginia Public Building Authority shall serve ex officio with voting privileges.

The bill also requires the head of each state agency to designate an existing employee, known as an energy manager, who shall be responsible for implementing improvements to state buildings to reduce greenhouse gas emissions and improve energy efficiency and climate change resiliency.

The Board has a sunset date of July 1, 2030.

A BILL to amend the Code of Virginia by adding a section numbered 2.2-604.2 and by adding in Chapter 24 of Title 2.2 an article numbered 28, consisting of sections numbered 2.2-2496 through 2.2-2499.2, relating to energy efficiency; Commonwealth Efficient and Resilient Buildings Board.

20104286D

S.B. 1014 Advanced Production Grant Program and Fund; created.

Patron: Ruff

Advanced Production Grant Program and Fund.

A BILL to amend the Code of Virginia by adding in Title 59.1 a chapter numbered 22.14, consisting of a section numbered 59.1-284.33, relating to creation of the Advanced Production Grant Program and Fund.

20105983D

S.B. 1027 Clean Energy and Community Flood Preparedness Act; fund.

Patron: Lewis

Clean Energy and Community Flood Preparedness Act; fund. Directs the Department of Environmental Quality to incorporate into regulations previously adopted by the State Air Pollution Control Board certain provisions establishing a carbon dioxide cap and trade program to reduce emissions released by electric generation facilities. Such provisions are required to comply with the Regional Greenhouse Gas Initiative model rule. The bill authorizes the Director of the Department of Environmental Quality to establish, implement, and manage an auction program to sell allowances into a market-based trading program. The bill requires revenues from the sale of carbon allowances, to the extent permitted by Article X, Section 7 of the Constitution of Virginia, to be deposited in an interest-bearing account and to be distributed without further appropriation (i) to the Virginia Community Flood Preparedness Fund; (ii) to the Department of Mines, Minerals and Energy for low-income energy efficiency programs; (iii) for administrative expenses; and (iv) for statewide climate change planning and mitigation activities. The bill continues the Virginia Shoreline Resiliency Fund as the Virginia Community Flood Preparedness Fund for the purpose of creating a low-interest loan program to help inland and coastal communities that are subject to recurrent or repetitive flooding.

A BILL to amend and reenact §§ 10.1-603.24 and 10.1-603.25 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 13 of Title 10.1 an article numbered 4, consisting of sections numbered 10.1-1329 and 10.1-1330, relating to Clean Energy and Community Flood Preparedness Act; fund.

20105571D

S.B. 1032 Civil actions; determination of indigency.

Patron: Hashmi

Civil actions; determination of indigency. Sets out the factors to be considered by the court in its determination of a person's indigency for the purpose of determining inability to pay fees or costs in a civil action. The bill also provides that a person is presumed unable to pay if he is a current recipient of a state or federally funded public assistance program or he is represented by a legal aid society. The bill provides that the presumption is rebuttable except in the case of a no-fault divorce.

A BILL to amend and reenact § 17.1-606 of the Code of Virginia, relating to civil actions; determination of indigency.

20102102D

S.B. 1033 Juvenile community correctional centers and facilities; establishment, placement of juveniles.

Patron: Locke

Juvenile community correctional centers and facilities; establishment; placement of juveniles. Changes the term "juvenile correctional centers and facilities" to "juvenile community correctional centers and facilities." The bill further provides that any juvenile community correctional center established after July 1, 2020, shall (i) be located within a locality in which at least five percent of all juvenile commitments occur statewide, using an average of the rate of commitments of the three most recent consecutive years, and (ii) be designed to confine 30 juveniles or fewer. The bill also states that the Department of Juvenile Justice shall place children at the juvenile community correctional center located closest to their primary residence and within one hour of such residence via motor vehicle and within one and one-half hours of such residence via public transportation. If such placement is not available, the Department shall use an alternative placement that is closest to the juvenile's primary residence, such as a local juvenile detention center. Under current law, the Department may place such children at such facilities as are available.

A BILL to amend and reenact §§ 2.2-1837, 2.2-3007, 8.01-195.10, 9.1-801, 9.1-903, 16.1-249, 16.1-269.1, 16.1-285.1, 16.1-285.2, 16.1-309.4, 16.1-322.5, 16.1-322.6, 18.2-48.1, 18.2-431.1, 18.2-473, 18.2-473.1, 18.2-474, 18.2-474.1, 18.2-477.2, 22.1-209.1:2, 22.1-289, 29.1-317, 51.1-212, 66-3, 66-10, 66-13, 66-13.1, 66-18, 66-22.1, 66-25.1:1, 66-25.1:3, 66-25.2:1, 66-25.3, 66-25.4, 66-25.6, and 66-25.7 of the Code of Virginia, relating to juvenile community correctional centers and facilities; establishment; placement of juveniles.

20104653D

S.B. 1040 School board member compensation; City of Winchester.

Patron: Vogel

School board member compensation; City of Winchester. Authorizes the City of Winchester to compensate its school board members with an annual salary not to exceed $4,500.

A BILL to amend and reenact § 22.1-32 of the Code of Virginia, relating to school board member compensation; City of Winchester.

20105655D

S.B. 1052 Virginia Charitable Gaming Board; regulations of the Board.

Patron: Reeves

Virginia Charitable Gaming Board; regulations of the Board; electronic or mechanical equipment used in the conduct of charitable gaming. Increases the number of electronic pull tabs that may be placed in the social quarters of a qualified organization from nine, as currently provided by Virginia Charitable Gaming Board regulations, to 28.

A BILL to amend and reenact § 18.2-340.19 of the Code of Virginia, relating to the Virginia Charitable Gaming Board; regulations of the Board; electronic or mechanical equipment used in the conduct of charitable gaming.

20104738D

S.B. 1058 Income tax, corporate; returns of affiliated corporations, effective date.

Patron: Lewis

Corporate income tax returns of affiliated corporations. Simplifies the process by which companies elect to switch to or from consolidated corporate income tax return filing status and reduces from 20 years to five years the necessary period during which the affiliated group of corporations filed on the same basis prior to switching to consolidated corporate return filing status. Current law requires a group of corporations to apply to the Tax Commissioner for permission to change the basis of the type of return filed and to meet certain specified requirements in order for permission to be granted.

A BILL to amend and reenact § 58.1-442 of the Code of Virginia, relating to corporate income tax returns of affiliated corporations.

20105425D

S.B. 1064 Combined sewer overflow outfalls; James River watershed.

Patron: Stuart

Department of Environmental Quality; combined sewer overflow outfalls; James River watershed. Directs the Department of Environmental Quality (DEQ) to identify the owner of any combined sewer overflow (CSO) outfall east of Charlottesville that discharges into the James River watershed and to determine what actions by the owner are necessary to bring such an outfall into compliance with Virginia law, the federal Clean Water Act, and the Presumption Approach described in the CSO Control Policy of the U.S. Environmental Protection Agency. The bill requires any owner of such an outfall to initiate construction activities by July 1, 2025, and bring it into compliance by July 1, 2027. Until compliance is achieved, the bill requires the outfall owner to annually report its progress to DEQ. The bill requires DEQ to provide all such reports to certain legislative committees, the Virginia delegation to the Chesapeake Bay Commission, the Secretary of Natural Resources, and the Governor. The bill does not apply to any outfall for which a higher level of control is necessary to comply with a total maximum daily load (TMDL).

A BILL to direct compliance with regulations of certain combined sewer overflow outfalls; James River watershed.

20104654D

S.B. 1075 Environmental Quality, Department of; public comment.

Patron: McClellan

Department of Environmental Quality; public comment. Requires the Department of Environmental Quality to afford interested persons, for any nonemergency, nonexempt regulatory action, an opportunity, for at least 60 days, to (i) submit data, views, and arguments, either orally or in writing, to theDepartment and (ii) be accompanied by and represented by counsel or other representative.

A BILL to amend the Code of Virginia by adding a section numbered 10.1-1186.6, relating to the Department of Environmental Quality; public comment.

20104770D

S.B. 1076 Chickahominy Indian Tribe; property conveyance by Governor.

Patron: McClellan

Property conveyance; Governor; Chickahominy Indian Tribe. Authorizes the Governor to convey two parcels of land located in Charles City County comprising 216.57 acres and 10 acres to the Chickahominy Indian Tribe.

A BILL to authorize the Governor to convey certain real property located in Charles City County to the Chickahominy Indian Tribe.

20104323D

S.B. 1080 Urban Teacher Fund and Program; established.

Patron: Morrissey

Superintendent of Public Instruction; Urban Teacher Fund and Program; established. Establishes the Urban Teacher Fund and Program, to be administered by the Superintendent of Public Instruction, for the purpose of providing grants to persons employed in urban school divisions with teacher shortages who remain employed by the urban school division for a period of at least five years.

A BILL to amend the Code of Virginia by adding a section numbered 22.1-23.3, relating to Superintendent of Public Instruction; Urban Teacher Fund and Program; established.

20105428D

S.B. 1087 School Construction Fund and Program; created and established.

Patron: Pillion

Department of Education; School Construction Fund and Program. Establishes the School Construction Fund as a special nonreverting fund in the state treasury and requires the Department of Education to establish the School Construction Program for the purpose of providing grants from the Fund, subject to certain conditions, to school boards that leverage federal, state, and local programs and resources to finance the design and construction of new school buildings and facilities or the modernization and maintenance of existing school buildings and facilities.

A BILL to amend the Code of Virginia by adding a section numbered 22.1-140.1, relating to the Department of Education; School Construction Fund and Program.

20101912D

S.J.R. 18 Constitutional amendment; Virginia Redistricting Commission (second reference).

Patron: Barker


Constitutional amendment (second resolution); apportionment; Virginia Redistricting Commission. Establishes the Virginia Redistricting Commission, a 16-member Commission tasked with establishing districts for the United States House of Representatives and for the Senate and the House of Delegates of the General Assembly. The Commission consists of eight legislative members and eight citizen members. The legislative members consist of four members of the Senate of Virginia and four members of the House of Delegates, with equal representation given to the political parties having the highest and next highest number of members in their respective houses. The citizen members are selected by a selection committee consisting of five retired judges of the circuit courts of Virginia, from lists submitted to the selection committee by the Speaker of the House of Delegates, the leader in the House of Delegates of the political party having the next highest number of members in the House of Delegates, the President pro tempore of the Senate of Virginia, and the leader in the Senate of the political party having the next highest number of members in the Senate. The Commission is required to submit to the General Assembly plans of districts for the Senate and the House of Delegates of the General Assembly no later than 45 days following the receipt of census data and plans of districts for the United States House of Representatives no later than 60 days following the receipt of census data, or July 1 of that year, whichever occurs later. The measure requires certain vote thresholds for plans, depending on the type of district, in order to be submitted to the General Assembly. No amendments may be made to a plan by the General Assembly, and any plan approved by the General Assembly becomes law without the signature of the Governor. The measure requires additional plans to be submitted, or additional time to be given to submit a plan, in certain circumstances, and further provides that districts will be drawn by the Supreme Court of Virginia if such efforts fail.

Proposing an amendment to Section 6 of Article II of the Constitution of Virginia and proposing an amendment to the Constitution of Virginia by adding in Article II a section numbered 6-A, relating to apportionment; Virginia Redistricting Commission.

20101031D