SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2016 SESSION
Co-Chair: Thomas K. Norment, Jr. - Co-Chair: Emmett W. Hanger, Jr.
Clerk: Patty Lung
Staff: Lisa Wallmeyer, Nicole Brenner
Date of Meeting: February 10, 2016
Time and Place: 9:00 a.m. - Senate Room B
Revised to add 15 Senate Bills
Patron: Stanley
Telemedicine; pilot program. Directs the Department of Health, in partnership with a hospital licensed in the Commonwealth, to establish a three-year telemedicine pilot program designed to reduce patient use of emergency department facilities for the treatment of low-acuity conditions. The bill requires the Department to report the results of the pilot program to the State Board of Health and to the General Assembly by October 1, 2019.
Patron: Stanley
Patient-Centered Medical Home Advisory Council. Establishes the Patient-Centered Medical Home Advisory Council (Council) as an advisory council in the executive branch. The bill requires the Council to advise and make recommendations to the Department of Medical Assistance Services on reforms to the Commonwealth's program of medical assistance that would increase the quality of care while containing costs through a patient-centered medical home system. The bill defines a patient-centered medical home as a team approach to providing health care that (i) originates in a primary care setting; (ii) fosters a partnership among the patient, the personal provider and other health care professionals, and, where appropriate, the patient's family; (iii) utilizes the partnership to access all medical and nonmedical health-related services needed by the patient to achieve maximum health potential; and (iv) maintains a centralized, comprehensive record of all health-related services to promote continuity of care.
Patron: Lucas
Virginia Sports Hall of Fame. Creates the Virginia Sports Hall of Fame as a public body with a board of directors (the Board) consisting of 21 members, of whom six are to be members of the House of Delegates, four are to be members of the Senate, six are to be nonlegislative citizen members appointed by the Governor, subject to confirmation by the General Assembly, and five are to be nonlegislative citizen members elected by the Board.
Patron: Carrico
Vehicle registration fees; funds for Department of State Police. Raises the vehicle registration fee an additional $1.25 per year on each July 1 from 2016 through 2025 and allocates the funds to the Department of State Police.
Patron: Carrico
Department of State Police; appointment of supervisory officers. Establishes a career progression program for state troopers and special agents based on years of satisfactory service. For State Troopers, the program provides for promotion to the rank of senior trooper after 10 years of service and promotion to the rank of Master Trooper after 20 years of service. For special agents, the program provides for a salary increase after 10 years and a salary increase and promotion to the rank of senior special agent after 20 years of service. The bill prohibits a sworn employee of the Department from receiving more than two career progression salary increases, regardless of such employee's assignment or promotion to special agent.
Patron: Carrico
Coal tax credits. Limits the aggregate amount of credits that may be allocated or claimed for the coal employment and production incentive tax credit to $7.5 million. An electricity generator must file an application with the Department of Taxation each year to determine the amount of credits that it may claim or allocate, including credits earned in prior taxable years. If the total amount of credits earned in a taxable year exceeds $7.5 million, the Department of Taxation shall apportion the credits on a pro rata basis. The bill also extends the sunset date of the coalfield employment enhancement tax credit through taxable years beginning before January 1, 2020.
Patron: McDougle
Research and development expenses tax credits. Modifies the existing research and development expenses tax credit and creates a similar tax credit for businesses with Virginia research and development expenses in excess of $5 million for the taxable year. The bill changes the existing tax credit by (i) extending the expiration date from January 1, 2019, to January 1, 2026, (ii) increasing the credit from 15 percent of the first $234,000 of the business' Virginia qualified research and development expenses that exceed a base amount to 15 percent of the first $300,000 of such expenses and from 20 percent of the first $234,000 of such expenses to 20 percent of the first $300,000 of such expenses if the research and development was conducted in conjunction with a Virginia college or university, (iii) establishing an alternative computation for the tax credit at the election of the taxpayer beginning with taxable year 2016, and (iv) increasing from $6 million to $7 million the maximum amount of tax credits that may be granted by the Department of Taxation for each fiscal year beginning with fiscal year 2017.
Under current law, a taxpayer is allowed a refundable credit equal to (a) 15 percent of the first $234,000 of the taxpayer's Virginia qualified research and development expenses that exceed a base amount or (b) if the research and development was conducted in conjunction with a Virginia college or university, 20 percent of the taxpayer's first $234,000 in Virginia qualified research and development expenses that exceed a base amount. Under the alternative computation established by the bill for the existing credit, the taxpayer will be allowed a refundable tax credit equal to 10 percent of the difference of (1) the taxpayer's Virginia qualified research and development expenses for the current taxable year and (2) 50 percent of such taxpayer's average Virginia qualified research and development expenses for the immediately preceding three taxable years. If the taxpayer did not pay or incur Virginia qualified research and development expenses in any one of the immediately preceding three years, the credit will equal five percent of the taxpayer's Virginia qualified research and development expenses for the current taxable year. The maximum credit allowed to a taxpayer each year under the alternative computation will be $45,000 or $60,000 if the research and development was conducted in conjunction with a Virginia public or private college or university.
The bill also creates a new tax credit beginning with taxable year 2016 for businesses with Virginia research and development expenses in excess of $5 million for the taxable year. The new tax credit will include the same elements as described above for the alternative computation, except that it is not refundable and there is no annual limit on the maximum amount of credits allowed to the taxpayer. In addition, the Department may grant up to $25 million in tax credits each fiscal year beginning with fiscal year 2017. The amount of the new tax credit that may be claimed by the taxpayer for each year will be limited to 75 percent of the taxpayer's Virginia income tax liability for the year. Any unused credit for the year may be carried forward and applied against the taxpayer's income taxes in the next 10 succeeding taxable years. The new research and development expenses tax credit expires January 1, 2026.
The bill prohibits a taxpayer from claiming both the existing and new research and development expenses tax credit for the same taxable year.
Patron: Hanger
Bonds for institutions of higher education. Authorizes issuance of bonds pursuant to Article X, Section 9 (c) of the Constitution of Virginia in an amount up to $14,387,000 plus financing costs for revenue-producing capital projects at institutions of higher education. The bill contains an emergency clause.
EMERGENCY
Patron: Wexton
Filing fees; motions to modify custody or visitation orders. Provides for a $25 filing fee for any motion filed in the juvenile and domestic relations district court to modify a custody or visitation order.
Patron: Favola
Campus sexual assault investigations. Requires the Department of Criminal Justice Services, in consultation with the State Council of Higher Education for Virginia, to develop a curriculum on conducting campus sexual assault investigations and to provide training on the curriculum to campus sexual assault investigatory personnel. The curriculum must include information on institutional, state, and federal requirements regarding campus sexual assault investigations.
Patron: Garrett
Sexual abuse of certain children; penalty. Raises the penalty for sexual abuse (a defined term) of a child 13 or 14 years old from a Class 1 misdemeanor to a Class 6 felony.
Patron: Marsden
Correctional Officer Procedural Guarantee Act. Creates the Correctional Officer Procedural Guarantee Act to establish procedural guarantees for correctional officers when allegations are made against such officers involving matters that may lead to their dismissal, demotion, suspension, or transfer for punitive reasons.
Patron: Petersen
Forfeiture of property used in connection with the commission of crimes; finding of guilt required. Requires that any action for the forfeiture of property used in connection with the commission of a crime be stayed until the person whose property is the subject of the forfeiture action has been found guilty of the crime authorizing the forfeiture, regardless of whether he has been sentenced. The bill provides that property may be forfeited even though no finding of guilt is made if (i) the forfeiture is ordered by the court pursuant to a plea agreement or (ii) the owner of the property has not submitted a written demand for the return of the property within one year from the date the property was seized.
Patron: Reeves
Local option health insurance plan; participation of regional emergency medical services councils. Authorizes regional emergency medical services councils to participate in the local option health insurance plan.
Patron: Howell
Research and development expenses tax credits. Modifies the existing research and development expenses tax credit and creates a similar tax credit for businesses with Virginia research and development expenses in excess of $5 million for the taxable year. The bill changes the existing tax credit by (i) extending the expiration date from January 1, 2019, to January 1, 2026, (ii) establishing an alternative computation for the tax credit at the election of the taxpayer beginning with taxable year 2016, and (iii) increasing from $6 million to $7 million the maximum amount of tax credits that may be granted by the Department of Taxation for each fiscal year beginning with fiscal year 2017.
Under current law, a taxpayer is allowed a refundable credit equal to (a) 15 percent of the first $234,000 of the taxpayer's Virginia qualified research and development expenses that exceed a base amount or (b) if the research and development was conducted in conjunction with a Virginia college or university, 20 percent of the taxpayer's first $234,000 in Virginia qualified research and development expenses that exceed a base amount. Under the alternative computation established by the bill, the taxpayer will be allowed a refundable tax credit equal to 10 percent of the difference of (1) the taxpayer's Virginia qualified research and development expenses for the current taxable year and (2) 50 percent of such taxpayer's average Virginia qualified research and development expenses for the immediately preceding three taxable years. If the taxpayer did not pay or incur Virginia qualified research and development expenses in any one of the immediately preceding three years, the credit will equal seven percent of the taxpayer's Virginia qualified research and development expenses for the current taxable year. The maximum credit allowed to a taxpayer each year under the alternative computation will be $35,100 or $46,800 if the research and development was conducted in conjunction with a Virginia public or private college or university.
The bill also creates a new tax credit beginning with taxable year 2016 for businesses with Virginia research and development expenses in excess of $5 million for the taxable year. The new tax credit will include the same elements as described above for the alternative computation, except that it is not refundable and there is no annual limit on the maximum amount of credits allowed to the taxpayer. In addition, the Department may grant up to $15 million in tax credits each fiscal year beginning with fiscal year 2017. The amount of the new tax credit that may be claimed by the taxpayer for each year may not exceed the taxpayer's Virginia income tax liability for such year. Any unused credit for the year may be carried forward and applied against the taxpayer's income taxes in the next 10 succeeding taxable years. The new research and development expenses tax credit expires January 1, 2026.
Under the bill, a taxpayer with more than $5 million of Virginia qualified research and development expenses for the taxable year may only claim the new research and development expenses tax credit for such year.
Patron: Miller
Voting systems; use of direct recording electronic machines. Prohibits the use of direct recording electronic machines (DREs) in elections on and after July 1, 2017. The governing bodies of counties and cities have been prohibited from acquiring DREs for use in elections since July 1, 2007, but under current law the use of previously acquired DREs is permitted for the remainder of their useful life.
Patron: Garrett
Statewide Fire Prevention Code; State Fire Marshal; consumer fireworks; penalties. Authorizes the use of consumer fireworks in the Commonwealth and distinguishes by definition consumer fireworks from display fireworks and permissible fireworks. The bill defines "consumer fireworks" as small fireworks devices (i) containing restricted amounts of pyrotechnic composition designed primarily to produce visible or audible effects by combustion and (ii) complying with certain federal regulations regarding composition and labeling. The bill also provides that the storage and transportation of consumer fireworks are to be considered the same hazard class as the storage and transportation of 1.4G explosives under the Statewide Fire Prevention Code (SFPC) and Uniform Statewide Building Code. The bill excludes from the provisions of the SFPC, unless prohibited by a local ordinance, (a) the sale of permissible or consumer fireworks, (b) any person using, igniting, or exploding permissible or consumer fireworks on residential or agricultural property with the consent of the owner of such property, or (c) such permissible or consumer fireworks when they are being transported from a locality where they were legally obtained to a locality where they are legally permitted. Current law only excludes sale of permissible fireworks or the use of such fireworks on private property. The provisions of the bill have a delayed effective date of January 1, 2017. The bill contains technical amendments.
Patron: Marsden
Parole; limitation on the application of parole statutes. Provides that a person is entitled to parole who 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 prior to the time that the abolition of parole went into effect (January 1, 1995).
Patron: Hanger
Capital outlay plan. Revises the six-year capital outlay plan for projects to be funded entirely or partially from general fund-supported resources.
Patron: Black
Physical evidence recovery kits. Establishes a comprehensive procedure for the collection and analysis of physical evidence recovery kits for victims of sexual assault, including those who elect at the time of the exam not to report a sexual assault to a law-enforcement agency. Kits from victims who elect not to report are known as "anonymous physical evidence recovery kits" and will be stored at the Division of Consolidated Laboratory Services (the Division) for two years, although the Division, the victim, or the law-enforcement agency may elect for the kits to be retained for a longer period of time. If the victim later elects to report the sexual assault, the victim's kit will be released to law enforcement. Health care providers are required to explain these procedures and time frames to victims. Where the victim elects to report the offense to law enforcement at the time of the exam, law enforcement is required to take possession of the victim's kit forthwith upon notification from the health care provider that the kit has been collected and, with limited exceptions, to submit the kit to the Department of Forensic Science for analysis within 60 days. The bill outlines the exceptions to mandatory submission for analysis, time frames, and storage requirements for retention of analyzed samples; expungement of DNA samples obtained but not connected to a crime; and victims' notification rights.
Patron: Ebbin
Firearms; alcohol; penalties. Provides that it is a Class 1 misdemeanor for a person who is under the influence of alcohol or illegal drugs to carry a loaded firearm on or about his person in a public place and that a person found guilty is ineligible to apply for a concealed handgun permit for a period of five years. The bill also creates a Class 2 misdemeanor for a person who carries a loaded firearm on or about his person onto the premises of any restaurant or club licensed to sell and serve alcoholic beverages for on-premises consumption and consumes an alcoholic beverage while on the premises.
Patron: Reeves
Stalking; penalty. Provides that contacting or following or attempting to contact or follow the person at whom stalking conduct is directed after being given actual notice that the person does not want to be contacted or followed, is prima facie evidence that the person intended to place the other person, or reasonably should have known that the other person was placed, in reasonable fear of death, criminal sexual assault, or bodily injury to himself or a family or household member. This bill is a recommendation of the Virginia State Crime Commission.
Patron: Deeds
Statute of limitations; sexual crimes against minors. Extends the statute of limitations to one year after the victim reaches 18 years of age for misdemeanor violations of the following crimes: carnal knowledge of offender by employee of bail bond company, sexual battery, infected sexual battery, sexual abuse of a child age 13 or 14 by an adult, attempted sexual battery, and tongue penetration by adult of mouth of child under age 13. Under existing law, there is a one-year statute of limitations on most misdemeanors. This bill is a recommendation of the Virginia State Crime Commission.
Patron: Lewis
Obstruction of justice; court clerks. Adds court clerks to the obstruction of justice statute.
Patron: Chafin
Local option health insurance plan. Requires the Department of Human Resource Management to consider all participants in the local option health insurance plan in one pool for purposes of establishing contribution rates and accounting for claims and contributions for participants.
Patron: Chafin
Prioritization of statewide transportation projects; exceptions. Provides that projects on U.S. Route 460 and U.S. Route 121 are not subject to the prioritization process that the Commonwealth Transportation Board applies to projects eligible for state funding.
Patron: Stanley
Nurse practitioners; practicing outside of a patient care team. Authorizes a nurse practitioner to practice without the requirement for collaboration and consultation with a patient care team physician as part of a patient care team or a written or electronic practice agreement between the nurse practitioner and a physician in any clinic that is located in a medically underserved area of the state or an area of the state that has an unemployment rate of one and one-half times the statewide average unemployment rate.. The bill also grants prescriptive authority to such nurse practitioners.
Patron: Vogel
State health insurance program; participation by certain local school division employees. Provides for the participation by employees of a school division in the state employee health plan. If the local school board elects to participate in the state employee health plan, it must make the election no later than January 1, 2017, with an effective date of July 1, 2017, for an initial period of three consecutive plan years, and thereafter participation shall be renewable for additional three-year terms at the option of the local school board. The bill also provides that the total cost of participation shall be paid by the local school board and the employees of the school division.
Patron: Barker
Harassment by computer; impersonating another; penalty. Provides that a person who uses a computer to communicate obscene, vulgar, profane, lewd, lascivious, or indecent language, make an obscene proposal, or threaten an illegal or immoral act with the intent to defraud any person is guilty of harassment by computer, a Class 1 misdemeanor. Under current law, in order to be guilty of harassment by computer, a person must have the intent to coerce, intimidate, or harass any person. The bill also provides that it is a Class 6 felony to commit harassment by computer if the person has assumed the identity of another living individual.
Patron: Vogel
Limited Residential Lodging Act; penalty. Establishes the Limited Residential Lodging Act (the Act), which allows property owners to rent out their homes or portions thereof for charge for periods of less than 30 consecutive days or do so through a hosting platform, under certain circumstances. The hosting platform may register with the Department of Taxation, in which case the hosting platform is responsible for the collection and remittance of all applicable taxes on behalf of the property owner. The bill defines "limited residential lodging," "booking transaction," and "hosting platform" and provides for penalties for violations of the Act.
Patron: Vogel
Operation of a child welfare agency without a license; negligence resulting in death of or injury to a child; penalty. Provides that in any case in which a person operates or engages in the conduct of a child welfare agency without first obtaining a license, and a child under the care or supervision of such child welfare agency suffers death or serious bodily injury as a result of the child care provider's negligent operation of such child welfare agency, such person is guilty of a Class 4 felony.
Patron: Vogel
Neighborhood Assistance Act tax credits. Increases from $9 million to $11 million the maximum amount of tax credits that may be issued each year by the Superintendent of Public Instruction for education-related programs and increases from $8 million to $11 million the maximum amount of tax credits that may be issued each year by the Commissioner of the State Department of Social Services for all other programs. The increases are effective beginning with fiscal year 2017.
In addition, the bill eliminates the requirement that at least 10 percent of the available amount of neighborhood assistance tax credits each year must be reserved for nonprofit organizations that did not receive an allocation of such credits in the preceding year.
Patron: Saslaw
Creation of the Commonwealth Genomics and Personalized Medicine Authority. Creates the Commonwealth Genomics and Personalized Medicine Authority (the Authority) as a political subdivision of the Commonwealth. The Authority's purpose is to encourage coordination and collaboration between public and private entities in the Commonwealth in translational research and commercialization related to genomics and personalized medicine.
Patron: Favola
Kinship Guardianship Assistance program. Creates the Kinship Guardianship Assistance program (the program) to facilitate child placements with relatives and ensure permanency for children for whom adoption or being returned home are not appropriate permanency options. The bill sets forth eligibility criteria for the program, payment allowances to kinship guardians, and requirements for kinship guardianship assistance agreements. The bill also requires the Board of Social Services to promulgate regulations for the program.
Patron: Ebbin
Office of Immigrant Assistance created. Establishes in the Department of Social Services an Office of Immigrant Assistance (the Office) to assist persons lawfully entering the United States and the Commonwealth for the purpose of becoming citizens. The Office shall provide (i) advice and assistance regarding the citizenship application process and (ii) assistance with finding and securing employment, housing, and services for which such persons may be eligible.
Patron: Favola
Fostering Futures program. Establishes the Foster Futures program to provide services and support to individuals between the ages of 18 and 21 who were formerly in foster care as a minor and are transitioning to full adulthood and self-sufficiency.
Patron: Carrico
Asset forfeiture; burden of proof. Changes the Commonwealth's burden of proof to clear and convincing evidence from preponderance of the evidence in proving that the property is subject to forfeiture in civil asset forfeiture cases.
Patron: Carrico
Investments by the Virginia Retirement System. Prohibits the Virginia Retirement System (VRS) from investing in companies with current substantial business operations in Iran and requires VRS to divest itself of any current holdings in such companies by January 1, 2017, and within six months of identifying any such company.
Patron: Hanger
Land preservation tax credits; certain donations of land. Allows a land holder to donate a fee interest in land to a private, not-for-profit charitable corporation not established for conservation or preservation purposes and receive land preservation tax credits for the donation. The credits would not be allowed unless and until the charitable corporation protected the land in perpetuity with a conservation or open-space easement.
Patron: McPike
Department of Transportation; transponder fees or exchange. Prohibits the Department of Transportation from charging fees for or requiring users to exchange their E-ZPass flex transponder as a result of inactivity.
Patron: Deeds
Virginia Behavioral Health Practitioner Student Loan Repayment Fund and Program. Establishes the Virginia Behavioral Health Practitioner Student Loan Repayment Fund and Program to provide student loan repayment grants to eligible behavioral health practitioners who agree to a 12-month employment obligation with a community services board, behavioral health authority, or Department of Behavioral Health and Developmental Services facility or with an entity that has entered into a contract with a community services board, behavioral health authority or Department of Behavioral Health and Developmental Services facility to provide behavioral health services. Grants may be up to $10,000 per recipient per year, and the Department of Behavioral Health and Developmental Services may award up to 250 grants per year.
Patron: Norment
Sales and use tax exemption; materials and equipment used to drill natural gas and oil. Extends the sunset from July 1, 2016, to July 1, 2021, for the sales and use tax exemption for machinery and tools, materials, and supplies used to drill, extract, or process natural gas or oil.
Patron: Wexton
Child care providers; criminal history background checks. Requires all applicants for licensure as a family day system, registration as a family day home, and approval as a family day home by a family day system, all child day centers that are exempt from licensure by the Department of Social Services, and all child day centers and family day homes that enter into a contract with the Department of Social Services or a local department of social services to provide child care services funded by the Child Care and Development Block Grant, as well as all applicants for employment, employees, applicants to volunteer, and volunteers at such child day centers, family day homes, and family day systems, to undergo fingerprint-based national criminal history background checks beginning July 1, 2017. The bill also requires individuals currently employed by or serving as volunteers at a licensed child day center, family day home, or family day system, child day center exempt from licensure pursuant to § 63.2-1716, registered family day home, family day home approved by a family day system, or child day center or family day home that enters into a contract with the Department of Social Services or a local department of social services to provide child care services funded by the Child Care and Development Block Grant to undergo a national background check to be completed by July 1, 2017. In addition, every (i) person who is licensed as a child day center, family day home, or family day system, registered as a family day home, or approved as a family day home by a family day system; (ii) agent of a person who is licensed as a child day center, family day home, or family day system, registered as a family day home, or approved as a family day home by a family day system or who will be involved in the day-to-day operations of the child day center, family day home, or family day system or who is or will be alone with, in control of, or supervising one or more children in a child day center, family day home, or family day system; and (iii) adult living in a licensed child day center or family day home, registered family day home, or family day home approved by a family day system, shall undergo a national background check to be completed by July 1, 2017.
Patron: Reeves
Mediation; fees. Increases from $100 to $120 the fee paid to mediators appointed in custody, support, or visitation cases. The bill provides that, where a referral includes both custody or visitation and child or spousal support, the referral is considered to be two separate appointments.
Patron: Locke
Threats of death or bodily injury; penalty. Removes the requirement that a threat of death or bodily injury be communicated in a writing for the offense of threatening to kill or do bodily injury to a person or any member of his family or for the enhanced penalty for threatening to kill or do bodily harm at a school, on a school bus, or at a school-sponsored event.
Patron: Cosgrove
Voter registration by political party affiliation; primary elections. Adds party affiliation, beginning January 1, 2017, to the information that an applicant is asked to provide when registering to vote. The applicant may indicate that he is an independent. Voters registered prior to January 1, 2017, will be designated as independent unless they provide a political party designation in writing to the general registrar. Voters may change their party affiliation or independent status by written notice at any time before the registration records are closed prior to an election. The state party chairman of each political party must notify the State Board of Elections by January 31 of each year of the rules adopted by the duly constituted authorities of the state political party governing who may participate in the party's primaries held from April 1 of that year through March 31 of the following year.
Patron: Vogel
Domestic violence-related misdemeanors; enhanced penalty. Punishes a misdemeanor offense of violating a protective order, assault and battery against a family or household member, or stalking as a Class 6 felony if the person charged had been previously convicted of any of these offenses, however punished, or assault or bodily wounding within the preceding 20 years if the victim of the prior and the instant offenses was the same.
Patron: Vogel
Protective orders; assault and battery; penalty. Provides that a person who is the subject of a protective order who commits an assault and battery resulting in bodily injury on the person protected by the order is guilty of a Class 6 felony. Currently, the assault and battery must result in serious bodily injury in order for the offense to be punishable as a Class 6 felony.
Patron: Favola
Standards of Quality; instructional positions. Increases, from 17 to 22 the number of full-time equivalent instructional positions for each 1,000 students identified as having limited English proficiency for which state funding is provided to local school divisions.
Patron: Chafin
Health insurance for local employees. Allows local school boards and local governing bodies to elect to have all their employees and retirees, as well as the dependents of employees and retirees, eligible to participate in the state employee health insurance plan. The local school boards and governing bodies 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. The school board and governing body of a given locality must both elect to participate in the state plan in order for their employees to participate.
Patron: Chase
Fees for concealed handgun permits. Makes the $10 fee that the clerk of court is now required to charge for processing a concealed handgun permit application or issuing a concealed handgun permit discretionary with the clerk.
Patron: Lucas
Charges for information supplied by the Department of Motor Vehicles. Allows private toll facility operators to request DMV records and exempts private toll facility operators or their employees or agents from being assessed a charge by the Department of Motor Vehicles for supplying information for official use.
Patron: Ebbin
Commission for the Commemoration of the Centennial of Women's Right to Vote. Establishes the Commission for the Commemoration of the Centennial of Women's Right to Vote in the legislative branch of state government. The Commission is charged with planning and leading the commemoration throughout Virginia in 2020 and educating citizens concerning the importance and significance of the right to vote by all citizens in a democracy. The provisions of the bill will expire on July 1, 2020.
Patron: Hanger
Concealed Carry Reciprocity Advisory Commission. Establishes the Concealed Carry Reciprocity Advisory Commission (the Commission) as a legislative commission. The Commission will review the laws of other states to determine whether the Commonwealth should recognize concealed handgun or concealed weapon permits in other states and will approve the entering into and rescinding of reciprocity agreements with other states. The bill provides that until December 31, 2016, the Superintendent of State Police shall recognize any valid concealed handgun or concealed weapon permit or license issued by another state where such state's permit or license was, as of December 31, 2015, recognized by the Superintendent of State Police as authorizing the holder of such permit or license to carry a concealed handgun in the Commonwealth.
Patron: Chafin
Coal tax credits. Limits the aggregate amount of credits that may be allocated or claimed for the coal employment and production incentive tax credit to $7.5 million. An electricity generator must file an application with the Department of Taxation each year to determine the amount of credits that it may claim or allocate, including credits earned in prior taxable years. If the total amount of credits earned in a taxable year exceeds $7.5 million, the Department of Taxation shall apportion the credits on a pro rata basis. The bill also extends the sunset date of the coalfield employment enhancement tax credit through taxable years beginning before January 1, 2021.
Patron: Stuart
Driving while texting; manslaughter; maiming; penalties. Provides that a person who as a result of driving while in violation of § 46.2-1078.1, which prohibits the use of handheld devices in certain vehicles, unintentionally causes the death of another person is guilty of involuntary manslaughter, or aggravated involuntary manslaughter if the defendant's conduct was so gross, wanton, and culpable as to show a reckless disregard for human life. The bill establishes the penalty for aggravated involuntary manslaughter as one to 20 years' imprisonment with a mandatory minimum of one year imprisonment. The bill creates a Class 6 felony if the driving while in violation of § 46.2-1078.1 is so gross, wanton, and culpable as to show a reckless disregard for human life and results in the unintentional serious bodily injury of another resulting in permanent and significant physical impairment. The bill also adds the new crimes as crimes eligible for compensation under the Criminal Injuries Compensation Fund.
Patrons: Hanger, Norment
Capital outlay funding. Authorizes the issuance of bonds by the Virginia Public Building Authority and the Virginia College Building Authority for certain projects and programs.
Patron: Wagner
Division of Energy; state certifying authority. Adds to the duties of the Division of Energy of the Department of Mines, Minerals and Energy the duty of serving as the state certifying authority in determining conformity with state requirements for abatement or control of water or atmospheric pollution or contamination for the production of solar energy for projects of five megawatts or less and for the production of coal, oil, and gas.
Patron: Wagner
Promotion of cybersecurity in the Commonwealth. Initiates several efforts to promote economic development, research and development, and workforce development of the cybersecurity industry in the Commonwealth. The bill creates two new matching grant funds: one administered by the Innovation and Entrepreneurship Investment Authority for private entities that collaborate with one or more public institutions of higher education on research and development related to cybersecurity and one administered by the Department of Education for public elementary and secondary schools for STEM-related programs. The bill directs the Virginia Economic Development Partnership Authority (VEDP), in consultation with the State Council of Higher Education for Virginia, to develop an online cybersecurity network. VEDP will be aided by an advisory committee consisting of representatives from higher education, the community college system, the Joint Commission on Technology and Science, and the Secretaries of Commerce and Trade, Education, and Technology. Finally, the bill directs the Secretary of Technology to organize and convene a Virginia Cybersecurity Conference to showcase Virginia's leadership in the field of cybersecurity. This bill is a recommendation of the Joint Commission on Technology and Science.
Patron: DeSteph
Limited Residential Lodging and Short-term Rental Lodging Act; penalty. Establishes the Limited Residential Lodging and Short-term Rental Lodging Act (the Act), which allows (i) property owners to rent out their homes or portions thereof for a charge for periods of less than 30 consecutive days or (ii) short-term rentals of residential or commercial units; both of which may be transacted through a hosting platform, under certain circumstances. The bill requires an operator of either limited residential lodging or short-term rental lodging to register with the Department of Taxation. The hosting platform may register with the Department of Taxation, in which case the hosting platform is responsible for the collection and remittance of all applicable taxes on behalf of the property owner. The bill provides for the amount of license tax on such operators. The bill provides that any local ordinance requiring the use of the special exception, special use, or conditional use permit for short-term rental lodging contain specific provisions relating to noise, trash or recycling collection, and the posting of emergency information. The bill defines "limited residential lodging," "booking transaction," "hosting platform," "short-term lodger," short-term lodging operator," and "short-term rental lodging," and provides for penalties for violations of the Act.
Patron: Vogel
Property conveyance; Department of General Services; Clarke County. Authorizes the Department of General Services, with the approval of the Governor, to convey certain property to Clarke County.
Patron: Stuart
Violations of protective orders; penalty. Provides that any person who commits any assault or bodily wounding upon or stalks any party protected by a protective order is guilty of a Class 6 felony. Currently, the Class 6 felony is only applicable if the person commits an assault and battery that results in serious bodily injury to the protected party.
Patron: Dunnavant
DMAS; Medicaid eligibility and application. Directs the Department of Medical Assistance Services (DMAS) to require Medicaid eligibility workers to (i) apply the same protocols when verifying income for all Medicaid applicants and recipients whose assets are subject to an asset limit under Medicaid eligibility requirements, including those applicants and recipients who report no earned or unearned income, and (ii) search for unreported assets using all available sources of electronic data, including local real estate property databases, the Department of Motor Vehicles, and Virginia's asset verification system. The bill also requires DMAS to amend the Virginia Medicaid application, after obtaining approval from the Centers for Medicare and Medicaid Services, to require a Medicaid applicant to opt out if such applicant does not want to grant permission to the state to use his federal tax returns for the purposes of renewing eligibility.
Patron: Chafin
Study; Department of Medical Assistance Services and Department of Social Services; conferral of authority to local departments of social services to investigate Medicaid fraud cases; report. Requests that the Department of Medical Assistance Services (DMAS) and the Department of Social Services consult with all relevant stakeholders and (i) analyze the potential benefits and issues of allowing local departments of social services (local departments) to investigate cases of suspected fraud that involve Medicaid and any other public assistance program administered in whole or in part by the local departments, including the Supplemental Nutrition Assistance Program; (ii) identify the most efficient methods of implementing the conferral of such authority to local departments; and (iii) analyze whether local departments should be permitted to collect a percentage of the funds recovered in cases investigated by such local departments that involve Medicaid and another public assistance program administered in whole or in part by local departments.
Patron: Favola
Study; Commission on Youth; Department of Social Services' administration of the Temporary Assistance for Needy Families Program; report. Directs the Commission on Youth to (i) evaluate the Department of Social Services' administration of the Temporary Assistance for Needy Families (TANF) Program and identify the amount of and reasoning for unused TANF funds; (ii) determine whether TANF funds are being used for the intended purposes of the TANF Program or whether such funds are being diverted to other programs or non-TANF purposes; (iii) determine whether and how TANF funds can be better used to stabilize families economically, help provide educational opportunities, and provide parenting classes and identify other support services that could be made available through TANF funding to strengthen families; and (iv) consult with all relevant stakeholders.
Patron: Dunnavant
Directing the SCHEV to study in conjunction with VCCS and DOE college readiness. Report.