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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 27, 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. 1103

Patron: Suetterlein

Virginia Freedom of Information Act; Virginia Parole Board member votes. Provides that individual votes of the members of the Virginia Parole Board shall be public records and subject to the provisions of the Virginia Freedom of Information Act.

A BILL to amend and reenact § 2.2-3703 of the Code of Virginia, relating to the Virginia Freedom of Information Act; Virginia Parole Board member votes.

21100488D

S.B. 1104

Patron: Obenshain

Parole; notice and certification; monthly reports. Provides that the Department of Corrections shall release a prisoner no sooner than 21 business days after the date of notification by the Virginia Parole Board (the Board) to the appropriate attorney for the Commonwealth of the decision to grant parole. The bill authorizes the Board to make such notification electronically and by certified mail; under current law only certified mail may be used. The bill requires that the monthly reports issued by the Board regarding actions taken on the parole of prisoners (i) be published on the last day of the month and (ii) include the offenses of which prisoners considered for parole were convicted, the jurisdictions in which such offenses were committed, and the amount of time served by such prisoners. However, a prisoner's name shall be included on report only if the attorney for the Commonwealth and any victims have been notified; otherwise, inclusion on the report is delayed to the following month. The bill requires that when notice is sent to a victim of the victim's right to present evidence to the Board of the impact that the release of a prisoner will have on the victim, such notice shall also be sent to the attorney for the Commonwealth and the director of the victim/witness program of the jurisdiction in which the prisoner's offense occurred.

A BILL to amend and reenact §§ 53.1-136 and 53.1-155 of the Code of Virginia, relating to parole; notice and certification; monthly reports.

21100482D

S.B. 1106

Patron: Stanley

Public School Assistance Fund and Program created. Creates the Public School Assistance Fund and Program, to be administered by the Department of Education, for the purpose of providing grants to school boards to be used solely for the purpose of repairing or replacing the roofs of public elementary and secondary school buildings in the local school division. The bill permits any school board in the Commonwealth to apply for Program grants but requires the Department of Education to give priority in the award of grants to school boards that demonstrate the greatest need based on the condition of existing school building roofs and the ability to pay for the repair or replacement of such roofs.

A BILL to amend the Code of Virginia by adding in Article 3 of Chapter 9 of Title 22.1 a section numbered 22.1-141.3, relating to the establishment of the Public School Assistance Fund and Program.

21100839D

S.B. 1108

Patron: Stanley

General district courts; jurisdictional limits. Increases from $25,000 to $50,000 the maximum civil jurisdictional limit of general district courts.

A BILL to amend and reenact §§ 8.01-195.4, 16.1-77, 43-34, and 46.2-644.03 of the Code of Virginia, relating to general district courts; jurisdictional limits.

21100842D

S.B. 1119

Patron: Reeves

Law-enforcement agencies; body-worn camera systems. Creates a special nonreverting fund to be known as the Body-Worn Camera System Fund to assist state or local law-enforcement agencies with the costs of purchasing, operating, and maintaining body-worn camera systems.

A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 1 of Title 9.1 a section numbered 9.1-116.7, relating to law-enforcement agencies; body-worn camera systems.

21100957D

S.B. 1125

Patron: Obenshain

Parole Board; notice to victim. Requires the Parole Board, within seven days of making any decision regarding the parole of a prisoner, to provide written or electronic notice of such decision to the victim of the crime for which the prisoner was incarcerated, unless the victim has submitted a written request to forgo such notice.

A BILL to amend and reenact §§ 53.1-136 and 53.1-155 of the Code of Virginia, relating to Parole Board; notice to victim.

21101811D

S.B. 1146

Patron: Howell


Conformity of the Commonwealth's taxation system with the Internal Revenue Code; emergency. Advances Virginia’s date of conformity with the Internal Revenue Code from December 31, 2019, to December 31, 2020. The bill adds exceptions to such conformity for suspension of the overall limitation on itemized deductions and the reduction in the medical expense deduction floor for taxable year 2017 and taxable years on and after January 1, 2019, and for the provisions of the federal Coronavirus Aid, Relief, and Economic Security Act (CARES Act) related to the net operating loss limitation and carryback, a loss limitation applicable to taxpayers other than corporations, and the limitation on business interest. The bill contains an emergency clause.

A BILL to amend and reenact § 58.1-301 of the Code of Virginia, relating to conformity of the Commonwealth's taxation system with the Internal Revenue Code; emergency.

21102155D

EMERGENCY

S.B. 1188

Patron: Hashmi

Virginia Agriculture Food Assistance Program and Fund; established. Requires the Commissioner of Agriculture and Consumer Services (the Commissioner) to establish the Virginia Agriculture Food Assistance Program (VAFA Program) for Virginia farmers and food producers to donate, sell, or otherwise provide agriculture products to charitable food assistance organizations. The bill also creates the Virginia Agriculture Food Assistance Fund to disburse moneys to such charitable food assistance organizations to reimburse farmers or food producers for any costs associated with harvesting, processing, packaging, or transporting agriculture products donated to such charitable food assistance organizations. The bill authorizes the Commissioner to adopt guidelines and regulations to carry out the VAFA Program.

A BILL to amend the Code of Virginia by adding in Title 3.2 a chapter numbered 47.1, consisting of sections numbered 3.2-4780 through 3.2-4783, relating to the Virginia Agriculture Food Assistance Program and Fund; established.

21102764D

S.B. 1191

Patron: Kiggans

School personnel; school nurses. Excludes school nurse positions from requirements for student support positions and instead requires each local school board to employ at least one full-time equivalent school nurse position in each elementary school, middle school, and high school in the local school division. The bill also requires the Department of Education to establish and administer a waiver process for local school boards for which the requirements of the bill create an undue hardship.

A BILL to amend and reenact §§ 22.1-253.13:2, 22.1-274, and 22.1-274.01:1 of the Code of Virginia, relating to school personnel; school nurses.

21102426D

S.B. 1193

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 producer that has a resource management plan or nutrient management plan and participates in the federal margin coverage program for dairy producers at the tier 1 level 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.

21101815D

S.B. 1196

Patron: Locke

Teachers and other licensed school board employees; cultural competency. The bill requires teacher, principal, and division superintendent evaluations to include an evaluation of cultural competency. The bill requires every person seeking initial licensure or renewal of a license from the Board of Education (i) to complete instruction or training in cultural competency and (ii) with an endorsement in history and social sciences to complete instruction in African American history, as prescribed by the Board. The bill also requires each school board to adopt and implement policies that require each teacher and any other school board employee holding a license issued by the Board to complete cultural competency training, in accordance with guidance issued by the Board, at least every two years.

A BILL to amend and reenact §§ 22.1-253.13:5 and 22.1-298.1 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 22.1-298.7, relating to teachers and other licensed school board employees; cultural competency.

21101992D

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. 1258

Patron: Marsden

Solar projects; erosion and sediment control. Requires the State Water Control Board to administer a Virginia Erosion and Sediment Control Program (VESCP) on behalf of any locality that notifies the Department of Environmental Quality that it has chosen not to administer a VESCP for any solar photovoltaic (electric energy) project with a rated electrical generation capacity exceeding five megawatts. The provisions of the bill become effective only when an appropriation effectuating funding of one full-time position to carry out the purposes of the bill on behalf of the State Water Control Board is included in a general appropriation act.

A BILL to amend the Code of Virginia by adding a section numbered 62.1-44.15:55.1, relating to solar projects; erosion and sediment control.

21101494D

S.B. 1279

Patron: Bell

Department of Veterans Services; initiatives to reduce unemployment among veterans; comprehensive transition program. Requires the Department of Veterans Services to develop a comprehensive program to assist military service members, veterans, and their spouses in making a successful transition from military to civilian life in Virginia. The program promotes strategies and services for connecting transitioning service members, veterans, and spouses to local, regional, state, and federal employment resources in Virginia, including (i) skills and workforce assessments and (ii) internship and apprenticeship programs. The bill also requires that the program prioritize assistance to military service members, veterans, and their spouses who have not sought services from or do not qualify for services under certain federal programs administered by the Commonwealth.

A BILL to amend and reenact § 2.2-2001.2 of the Code of Virginia, relating to Department of Veterans Services; initiatives to reduce unemployment among veterans; comprehensive transition program.

21101920D

S.B. 1300

Patron: Favola

Board of Local and Regional Jails; review services provided to inmates during pregnancy, pregnancy termination, labor and delivery, and postpartum recovery; report. Directs the Board of Local and Regional Jails (the Board), in consultation with a stakeholder work group, to (i) identify and analyze all obstetric and gynecological services and any other services provided by local and regional jails to inmates during pregnancy, pregnancy termination, labor and delivery, and postpartum recovery; (ii) compare such services to best practices recommended by the American Correctional Association, American Jail Association, National Commission on Correctional Health Care, and American College of Obstetricians and Gynecologists; and (iii) develop recommendations to ensure that proper services are provided to inmates during pregnancy, pregnancy termination, labor and delivery, and postpartum recovery. The bill directs the Board to (a) post its findings and recommendations on its website and report such findings and recommendations to the Secretary of Public Safety and Homeland Security and the Chairmen of the Senate Committee on the Judiciary, Senate Committee on Rehabilitation and Social Services, House Committee for Courts of Justice, and House Committee on Public Safety by July 1, 2022, and (b) adopt regulations consistent with its findings and recommendations.

A BILL to direct the Board of Local and Regional Jails to review services provided to inmates during pregnancy, pregnancy termination, labor and delivery, and postpartum recovery; report.

21102560D

S.B. 1305

Patron: McPike

Virginia Public Procurement Act; public works contracts; subcontractor workforce requirements. Requires all public bodies and covered institutions, defined in the bill, to include in every public works contract of more than $250,000 certain provisions related to the outsourcing of subcontracted work, which a contractor shall agree to during the performance of such contract. Such provisions mandate that a contractor shall only utilize subcontractors that certify in writing to the contract that they will outsource no more than 10 percent of the cost of the work subcontracted for, excluding the provision of materials, with specified exceptions. The bill provides that any contractor that violates the provisions of the bill may be debarred for up to one year or disqualified from the project and may be responsible for liquidated damages for any related delays in the project.

A BILL to amend the Code of Virginia by adding a section numbered 2.2-4303.02, relating to the Virginia Public Procurement Act; public works contracts; subcontractor workforce requirements.

21102843D

S.B. 1312

Patron: Mason

Virginia Spirits Promotion Fund; assessment on distillers; emergency. Requires licensed distillers to collect an assessment for each liter of spirits sold and remit such assessment to the Tax Commissioner to the credit of the Virginia Spirits Promotion Fund. The bill authorizes the Virginia Spirits Board to set the amount of such assessment, not to exceed $1 per liter of spirits sold. The bill contains an emergency clause.

A BILL to amend and reenact § 3.2-3011 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 3.2-3012.1 and 3.2-3012.2, relating to Virginia Spirits Promotion Fund; assessment on distillers; emergency.

21102742D

EMERGENCY

S.B. 1314

Patron: Hashmi

Virginia Economic Development Partnership Authority; Office of Education and Labor Market Alignment established; workforce and higher education alignment. Directs the Virginia Economic Development Partnership Authority to establish an Office of Education and Labor Market Alignment (the Office) to coordinate data analysis on workforce and higher education alignment and translate data to partners. The Office shall provide a unified, consistent source of information or analysis for policy development and implementation related to talent development and shall partner with the State Council of Higher Education for Virginia, institutions of higher education, the Virginia Employment Commission, GO Virginia, and other relevant entities to offer resources and expertise related to education and labor market alignment.

A BILL to amend and reenact § 2.2-2238 of the Code of Virginia, relating to Virginia Economic Development Partnership Authority; Office of Education and Labor Market Alignment established; workforce and higher education alignment.

21102726D

S.B. 1387

Patron: Boysko

State Council of Higher Education for Virginia; eligibility for in-state tuition. Provides that students who meet the criteria in the Code of Virginia that determines eligibility for in-state tuition regardless of their citizenship or immigration status shall also be deemed to be domiciled in the Commonwealth. The bill also provides that all such students shall be afforded the same educational benefits, including access to state financial assistance programs, as any other individual who is eligible for in-state tuition. The bill has a delayed effective date of August 1, 2022, and directs the State Council of Higher Education for Virginia, in coordination with institutions of higher education in the Commonwealth, to promulgate regulations to implement the provisions of the bill.

A BILL to amend and reenact § 23.1-506 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 23.1-505.1, relating to the State Council of Higher Education for Virginia; eligibility for in-state tuition.

21102759D

S.B. 1394

Patrons: Petersen, Pillion

Income tax exclusion for Paycheck Protection Plan loan forgiveness; deductibility. Establishes an income tax exclusion for forgiveness of indebtedness on a loan received under the Coronavirus Aid, Relief, and Economic Security (CARES) Act through the Paycheck Protection Program. The exclusion would be available starting in taxable year 2020. No taxpayer shall be denied an otherwise allowable deduction by reason of the exclusion.

A BILL to amend and reenact § 58.1-321 of the Code of Virginia, relating to income tax exclusion for Paycheck Protection Plan loan forgiveness; deductibility.

21102748D

S.B. 1402

Patron: Pillion

Trout fishing in stocked waters. Equalizes for residents and nonresidents requirements to fish in designated stocked trout waters. The bill requires either such person to possess (i) a regular season state or county fishing license or a trip fishing license valid for at least five days and (ii) a trout license or a special lifetime trout fishing license.

A BILL to amend and reenact § 29.1-311 of the Code of Virginia, relating to trout fishing in stocked waters.

21102080D

S.B. 1405

Patron: Saslaw

Get Skilled, Get a Job, Give Back (G3) Fund and Program established. Establishes the Get Skilled, Get a Job, Give Back (G3) Fund and requires the Virginia Community College System to establish the G3 Program for the purpose of providing financial assistance from the Fund to certain low-income and middle-income Virginia students who are enrolled in an educational program at an associate-degree-granting public institution of higher education that leads to an occupation in a certain high-demand field. The bill contains provisions for student eligibility, financial assistance award amounts, and data reporting.

A BILL to amend the Code of Virginia by adding a section numbered 23.1-2911.2, relating to the establishment of the Get Skilled, Get a Job, Give Back (G3) Fund and Program.

21102963D

S.B. 1423

Patrons: McPike, Pillion

Sales and use tax exemption for data centers. Eliminates, for purposes of qualifying for the sales and use tax exemption for data centers, the job creation requirement for a data center in a distressed locality. Under current law, such data centers must create at least 25 new jobs. The bill also redefines what criteria are used to identify a distressed locality such that a locality qualifies as distressed if it has an unemployment rate that is greater than the statewide unemployment rate and it also has a poverty rate that exceeds the statewide poverty rate. The bill requires all data centers claiming the exemption to report certain information to the Virginia Economic Development Partnership Authority to be published annually.

A BILL to amend and reenact § 58.1-609.3 of the Code of Virginia, relating to sales and use tax exemption for data centers.

21102264D

S.B. 1425

Patron: Ruff

Sales and use tax exemption for data centers. Expands the sales and use tax exemption for data centers by allowing a qualifying data center to use the exemption for purchases for its facilities located in the same locality as the data center. The bill provides that if a data center operator qualifies for the exemption in one locality and seeks to qualify in another, it shall not be required to meet the job creation requirement for purposes of qualifying in the other locality. The bill requires all data centers claiming the exemption to report certain information to be published annually by the Department of Taxation.

A BILL to amend and reenact § 58.1-609.3 of the Code of Virginia, relating to sales and use tax exemption for data centers.

21102525D

S.J.R. 297

Patron: Bell

Constitutional amendment (first reference); authority of General Assembly to exempt property owned by certain veterans' and service members' services organizations from taxation. Provides that the General Assembly may by general law exempt from taxation the property of a nonprofit organization whose purpose is to provide services to veterans or service members of the Armed Forces of the United States.

Proposing an amendment to Section 6-A of Article X of the Constitution of Virginia, relating to authority of General Assembly to exempt property owned by certain veterans' and service members' services organizations from taxation.

21103008D