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2021 SESSION

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Senate Committee on Finance and Appropriations

Chair: Janet D. Howell

Clerk: Michael Jackson
Staff: Connor Garstka
Date of Meeting: January 26, 2021
Time and Place: 9 AM/SR West Science Museum/ Public can register @ GA website
https://virginia-senate.granicus.com/ViewPublisher.php?view_id=3

S.B. 1102

Patron: Locke

Department of Medical Assistance Services; personal care aides; orientation program. Requires the Department of Medical Assistance Services to establish within its Long-Term Care Division an orientation program for all personal care aides who provide self-directed services through the Medicaid program.

A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 10 of Title 32.1 a section numbered 32.1-331.04, relating to Department of Medical Assistance Services; personal care aides; orientation program.

21101111D

S.B. 1133

Patron: Suetterlein


Children's Services Act; eligibility for state pool of funds; pilot program related to educational placement transition for certain students with disabilities. Expands eligibility for use of the state pool of funds under the Children's Services Act to services that are provided in a public school setting and requires that private day schools be approved and licensed by the Department of Education or an equivalent out-of-state licensing agency to be eligible for the state pool of funds. The bill 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 Appropriations, and the House Committees on Education and Appropriations on the findings of each pilot program after two and four years.

A BILL to amend and reenact §§ 2.2-5211 and 2.2-5212 of the Code of Virginia, relating to Children's Services Act; eligibility for state pool of funds; pilot program related to educational placement transition for certain students with disabilities.

21102014D

S.B. 1137

Patron: Cosgrove

Virginia Retirement System; retired law-enforcement officers employed as school security officers. Provides that if a retired law-enforcement officer was employed by a local school division as a school security officer on January 1, 2020, and had a bona fide break in service of at least one month between retirement and employment as a school security officer, such person is not required to establish a 12-month break in service that would otherwise be required by law.

A BILL to amend and reenact § 51.1-155 of the Code of Virginia, relating to Virginia Retirement System; retired law-enforcement officers employed as school security officers.

21101297D

S.B. 1147

Patron: Kiggans

Nurse Loan Repayment Program; certified nurse aide. Expands eligibility for the Nurse Loan Repayment Program to include certified nurse aides who meet criteria determined by the State Board of Health. Under current law, only licensed practical nurses and registered nurses are eligible for the Nurse Loan Repayment Program.

A BILL to amend and reenact § 32.1-122.6:04 of the Code of Virginia, relating to Nurse Loan Repayment Program; certified nurse aide.

21101017D

S.B. 1150

Patron: Kiggans

Department of Veterans Services; Military Spouse Liaison; position created. Establishes the position of Military Spouse Liaison (the Liaison) in the Department of Veterans Services to conduct outreach and advocate on behalf of military spouses in the Commonwealth. The bill directs the Liaison to report by December 1 of each year through the Commissioner of the Department of Veterans Services to the Secretary of Veterans and Defense Affairs, the Governor, and the General Assembly on the work of the Liaison and any legislative recommendations.

A BILL to amend the Code of Virginia by adding a section numbered 2.2-2002.2, relating to Department of Veterans Services; Military Spouse Liaison; position created.

21101031D

S.B. 1151

Patron: Kiggans

Income tax subtraction; veteran retirement income. Provides an income tax subtraction for the military retirement income received by certain veterans for their service of $2,500 for veterans under the age of 65 and $5,000 for veterans 65 years of age and older, who earn no more than $82,000 in annual military retirement income.

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

21101184D

S.B. 1165

Patron: Surovell

Abolition of the death penalty. Abolishes the death penalty, including for those persons currently under a death sentence.

A BILL to amend and reenact §§ 2.2-3705.7, 8.01-195.10, 8.01-654, 17.1-310, 17.1-406, 18.2-8, 18.2-10, 18.2-18, 18.2-19, 18.2-22, 18.2-25, 18.2-26, 18.2-30, 18.2-31, 18.2-32, 18.2-251.01, 19.2-11.01, 19.2-71, 19.2-76.1, 19.2-100, 19.2-102, 19.2-120, 19.2-152.2, 19.2-157, 19.2-159, 19.2-163, 19.2-163.01, 19.2-163.4:1, 19.2-169.3, 19.2-175, 19.2-217.1, 19.2-247, 19.2-270.4:1, 19.2-295.3, as it is currently effective and as it shall become effective, 19.2-299, 19.2-299.1, 19.2-311, 19.2-319, 19.2-321.2, 19.2-327.1, 19.2-327.3, 19.2-327.11, 19.2-389.1, 19.2-389.3, 19.2-400, 53.1-204, 53.1-229, and 54.1-3307 of the Code of Virginia and to repeal §§ 8.01-654.1, 8.01-654.2, 17.1-313, and 18.2-17, Article 4.1 (§§ 19.2-163.7 and 19.2-163.8) of Chapter 10 of Title 19.2, Article 4.1 (§§ 19.2-264.2 through 19.2-264.5) of Chapter 15 of Title 19.2, § 53.1-230, and Chapter 13 (§§ 53.1-232 through 53.1-236) of Title 53.1 of the Code of Virginia, relating to abolition of the death penalty.

21100656D

S.B. 1170

Patron: Norment

Additional local sales and use tax to support schools. Adds Isle of Wight County to the list of localities that, under current law, are authorized to impose an additional local sales and use tax at a rate not to exceed one percent, with the revenue used only for capital projects for the construction or renovation of schools.

A BILL to amend and reenact §§ 58.1-602 and 58.1-605 of the Code of Virginia, relating to additional local sales and use tax to support schools.

21100824D

S.B. 1185

Patron: Dunnavant

Auxiliary grants; assisted living facilities. Directs the Commissioner for Aging and Rehabilitative Services to adopt regulations that allow an assisted living facility in which 30 percent or more of the residents are auxiliary grant recipients to receive 200 percent of the auxiliary grant rate.

A BILL to amend and reenact § 51.5-160 of the Code of Virginia, relating to auxiliary grants; assisted living facilities.

21101560D

S.B. 1201

Patron: Petersen

Taxation of public service corporations; electric suppliers; storage. Amends the definition of electric supplier to include certain battery storage facilities with a storage capacity greater than 25 megawatts and subjects such facilities to central assessment by the State Corporation Commission. The bill also requires battery storage facilities qualifying as electric suppliers to file an annual report to the Commission.

A BILL to amend and reenact §§ 58.1-2600 and 58.1-2628 of the Code of Virginia, relating to taxation of public service corporations; electric suppliers; storage.

21100749D

S.B. 1204

Patron: Barker

George Mason University; management agreement. Provides a management agreement between the Commonwealth and George Mason University pursuant to the Restructured Higher Education Financial and Administrative Operations Act (§ 23.1-1000 et seq.).

A BILL providing a management agreement between the Commonwealth and George Mason University pursuant to the Restructured Higher Education Financial and Administrative Operations Act (§ 23.1-1000 et seq.).

21101124D

S.B. 1207

Patron: Barker

Solar and energy storage projects; siting agreements throughout the Commonwealth. Expands existing provisions related to siting agreements for solar projects located in an opportunity zone to include energy storage projects and makes the provisions statewide. The bill provides that its provisions shall not apply to any energy storage project that has received zoning and site plan approval, preliminary or otherwise, from the host locality before January 1, 2021. The bill also provides that its provisions shall not become effective with respect to energy storage projects unless the General Assembly approves legislation that authorizes localities to adopt an ordinance for taxation of energy storage projects such as solar projects with a local option for machinery and tools tax or solar revenue share.

A BILL to amend and reenact §§ 15.2-2316.6 through 15.2-2316.9 of the Code of Virginia, relating to solar projects and energy storage projects; siting agreements throughout the Commonwealth.

21102067D

S.B. 1221

Patron: Favola

Operation of the Loudoun County local health department. Allows Loudoun County to enter into a contract with the Department of Health for the local administration of local health services. Currently, the local department of health is operated as a joint venture between the state and local governments.

A BILL to provide for the operation of the Loudoun County local health department.

21102528D

S.B. 1227

Patron: Boysko

State plan for medical assistance; payment of medical assistance; 12-month supply of hormonal contraceptives. Directs the Board of Medical Assistance Services to include in the state plan for medical assistance a provision for the payment of medical assistance for the dispensing or furnishing of up to a 12-month supply of hormonal contraceptives at one time. The bill prohibits the Department of Medical Assistance Services from imposing any utilization controls or other forms of medical management limiting the supply of hormonal contraceptives that may be dispensed or furnished to an amount less than a 12-month supply and makes clear that the bill shall not be construed to (i) require a provider to prescribe, dispense, or furnish a 12-month supply of self-administered hormonal contraceptives at one time or (ii) exclude coverage for hormonal contraceptives as prescribed by a prescriber, acting within his scope of practice, for reasons other than contraceptive purposes.

A BILL to amend and reenact § 32.1-325 of the Code of Virginia, relating to state plan for medical assistance; payment of medical assistance; 12-month supply of hormonal contraceptives.

21101488D

S.B. 1251

Patron: Newman

Virginia Retirement System; technical amendments. Makes technical amendments to provisions of the Code of Virginia relating to the Virginia Retirement System to reflect recent changes to federal law and conform terminology to federal law.

A BILL to amend and reenact §§ 51.1-124.3, 51.1-157, 51.1-168, 51.1-301, and 51.1-308 of the Code of Virginia, relating to Virginia Retirement System; technical amendments.

21100856D

S.B. 1254

Patron: McPike

Sports betting; technical amendments. Clarifies the procedures by which the Virginia Lottery determines whether an event is considered youth sports, on which betting is prohibited. The bill clarifies that a permit issued to a casino operator shall not count toward the maximum of 12 permits that the Director of the Virginia Lottery can issue and makes technical amendments related to the interaction between sports betting law and casino gaming law.

A BILL to amend and reenact §§ 58.1-4030, 58.1-4031, 58.1-4032, 58.1-4039, and 58.1-4100 of the Code of Virginia, relating to sports betting; technical amendments.

21100962D

S.B. 1286

Patron: Deeds

Income tax; rate increase; funding for schools and law-enforcement officer salaries. Increases from 5.75 percent to 5.9 percent the income tax rate on income over $150,000. Under current law, the top marginal rate of 5.75 percent applies to income over $17,000. The rate change applies starting with taxable year 2021. The bill requires revenue from the increase to be appropriated for nonrecurring capital expenditures of school divisions and salary increases for state and state-supported law-enforcement officers.

A BILL to amend and reenact § 58.1-320 of the Code of Virginia and to amend the Code of Virginia by adding in Article 2 of Chapter 3 of Title 58.1 a section numbered 58.1-327, relating to income tax; rate increase; funding for schools and law-enforcement officer salaries.

21101675D

S.B. 1298

Patron: Bell

Tourism improvement districts. Authorizes any locality to create a local tourism improvement district plan, consisting of fees charged to businesses and used to fund tourism promotion activities and capital improvements. Under the bill, the locality is authorized to contract with a nonprofit entity to administer the activities and improvements.

A BILL to amend the Code of Virginia by adding in Chapter 24 of Title 15.2 an article numbered 3, consisting of sections numbered 15.2-2413.1 through 15.2-2413.11, relating to tourism improvement districts.

21102381D

S.B. 1302

Patron: McPike

Crisis call center; Crisis Call Center Fund established. Provides that the crisis call center, which under current law is administered by the Department of Behavioral Health and Developmental Services (the Department), shall be designated as the 9-8-8 Crisis Hotline Center for purposes of participating in the National Suicide Prevention Lifeline. The bill directs the Department, in its development of the crisis call center, community care teams, and mobile crisis teams, to comply with any applicable requirements of the National Suicide Hotline Designation Act of 2020, and to provide for consistency with federal guidelines promulgated under such law.

The bill increases from $0.75 to $0.94 the wireless E-911 surcharge and increases from $0.50 to $0.63 the prepaid wireless E-911 charge. The bill provides that part of the revenue attributable to the increase would be distributed to the Crisis Call Center Fund, established by the bill, to fund the Department's costs in establishing and administering the call center, and that the remainder of the revenue would be distributed to public safety answering points (PSAPs).

A BILL to amend and reenact §§ 37.2-311.1, as it shall become effective, 56-484.12, 56-484.17, and 56-484.17:1 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 37.2-311.2, 37.2-311.3, and 37.2-311.4, relating to crisis call centers; Crisis Call Center Fund established.

21102780D

S.B. 1313

Patron: Mason

Children's Services Act; special education programs. Requires that funds expended for special education services under the Children's Services Act only be expended on educational programs that are licensed by the Department of Education. The bill adds children and youth previously placed in approved private school educational programs for at least six months, who will receive transitional services in a public school setting for no longer than 12 months, to the target population for eligibility for the state pool of funds. The bill requires the Secretary of Education, in conjunction with the Office of Children's Services and the Department of Education, to establish a work group (the Work Group) with appropriate stakeholders to develop a detailed plan to direct the transfer of Children's Services Act funds currently reserved for children requiring an educational placement in a private special education day school or residential facility to the Department of Education and to develop a standardized reporting process, template, and reporting requirement for private special education day school tuition rates to ensure that tuition rates can be accurately compared across schools and over time. The bill requires that the Work Group submit its plan and recommendations to the Chairmen of the House Committee on Appropriations and Senate Committee on Finance and Appropriations by November 1, 2021.

A BILL to amend and reenact §§ 2.2-5211 and 2.2-5212 of the Code of Virginia, relating to Children's Services Act; special education programs.

21102548D

S.B. 1321

Patron: Boysko

Confirmatory adoption. Expands the stepparent adoption provisions to allow a person who is not the child's stepparent but has a legitimate interest in the child to file a joint petition for adoption with the child's birth parent or parent by adoption.

A BILL to amend and reenact § 63.2-1241 of the Code of Virginia, relating to confirmatory adoption.

21102745D

S.B. 1328

Patron: Mason

State-Funded Kinship Guardianship Assistance program. Creates the State-Funded Kinship Guardianship Assistance program (the program) to facilitate child placements with relatives, including fictive kin, and ensure permanency for children. The bill sets forth eligibility criteria for the program, payment allowances to kinship guardians, and requirements for kinship guardianship assistance agreements.

A BILL to amend and reenact §§ 16.1-282.1, 63.2-100, as it is currently effective and as it shall become effective, 63.2-905, 63.2-906, and 63.2-1305 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 13 of Title 63.2 a section numbered 63.2-1306, relating to State-Funded Kinship Guardianship Assistance program.

21101857D

S.B. 1353

Patron: Marsden

Corporate income tax; combined reporting requirements. Requires, for taxable years beginning on or after January 1, 2022, unitary combined reporting for Virginia corporate income tax purposes. The bill also expires the minimum tax on telecommunications companies beginning in taxable year 2022.

A BILL to amend and reenact §§ 58.1-400.1, 58.1-406, 58.1-442, and 58.1-443 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 3 of Title 58.1 an article numbered 11, consisting of sections numbered 58.1-424 through 58.1-427, relating to corporate income tax; combined reporting requirements.

21101398D

S.B. 1367

Patron: DeSteph

Line of Duty Act; requiring licensed health practitioners to conduct medical reviews. Requires that, for any medical review of a claim made pursuant to the provisions of the Line of Duty Act, the Virginia Retirement System shall require that such review be conducted by a doctor, nurse, or psychologist who is licensed in the Commonwealth or a contiguous state. The bill has a delayed effective date of July 1, 2022.

A BILL to amend and reenact §§ 9.1-404 and 9.1-405 of the Code of Virginia, relating to Line of Duty Act; requiring Virginia licensed health practitioners to conduct medical reviews.

21102032D

S.B. 1403

Patron: Pillion

Sales tax; exemption for personal protective equipment; emergency. Establishes a retail sales and use tax exemption for personal protective equipment, defined in the bill. The exemption would be available to any business that has in place a COVID-19 safety protocol that complies with the Emergency Temporary Standard promulgated by the Virginia Department of Labor and Industry and that meets other criteria. The exemption would sunset one day after the first day following the expiration of the last executive order issued by the Governor related to the COVID-19 pandemic and the termination of the COVID-19 Emergency Temporary Standard and any permanent COVID-19 regulations adopted by the Virginia Safety and Health Codes Board. The bill contains an emergency clause.

A BILL to amend the Code of Virginia by adding a section numbered 58.1-609.14, relating to sales tax; exemption for personal protective equipment; emergency.

21102778D

EMERGENCY

S.B. 1409

Patron: Cosgrove

Virginia Retirement System; retired law-enforcement officers employed as fingerprint examiners. Allows a retired law-enforcement officer to continue to receive his service retirement allowance during a subsequent period of employment by a law-enforcement agency as a civilian fingerprint examiner, so long as he has a break in service of at least 12 calendar months between retirement and reemployment, did not retire under an early retirement program, and did not retire under the Workforce Transition Act of 1995.

A BILL to amend and reenact § 51.1-155 of the Code of Virginia, relating to Virginia Retirement System; retired law-enforcement officers employed as fingerprint examiners.

21102704D

S.B. 1438

Patron: Hanger

Combined transient occupancy and food and beverage tax; technical amendments. Provides that, for purposes of the combined transient occupancy and food and beverage tax that is currently authorized for Rappahannock and Madison Counties, the rate limit for such tax shall be the same as if the two taxes were imposed separately. The bill also eliminates the referendum requirement for the food and beverage component of the combined tax, consistent with Chapters 1214 and 1263 of the Acts of Assembly of 2020, which eliminated the referendum requirement for the food and beverage tax generally.

A BILL to amend and reenact § 58.1-3842 of the Code of Virginia, relating to combined transient occupancy and food and beverage tax; technical amendments.

21101783D

S.B. 1448

Patron: Chase

Income tax; subtraction for military retirement income and survivor benefits. Establishes starting in taxable year 2021 an income tax subtraction for all military retirement income and military benefits paid to the surviving spouse of a veteran.

A BILL to amend and reenact § 58.1-322.02 of the Code of Virginia, relating to income tax; subtraction for military retirement income and survivor benefits.

21102867D