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ACROSS SESSIONS
- Subject Index: Since 1995
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Developed and maintained by the Division of Legislative Automated Systems.
2019 SESSION
Co-Chair: Thomas K. Norment, Jr. - Co-Chair: Emmett W. Hanger, Jr.
Clerk: John Garrett
Staff: Lisa Wallmeyer
Date of Meeting: January 30, 2019
Time and Place: 9:00 a.m. - Committee Room B, Pocahontas Bldg.
Rmvd 1210,1163,1603,1649,1276,1604,1078,1620,1151,1504,1508,1621
Patron: Stanley
Body-worn camera; release of recordings; penalty. Provides a procedure for a defendant to request the inspection and the copying or photographing of any body-worn camera recordings that are within the possession, custody, or control of the Commonwealth. The bill provides that the Commonwealth may designate any body-worn camera recording subject to disclosure as Counsel Only Material and that any unlawful reproduction or dissemination of such designated recordings is punishable as a Class 1 misdemeanor. The bill provides a retention schedule for such recordings and provides that such recordings shall not be considered a public record for the purpose of the Virginia Public Records Act (§ 42.1-76 et seq.). The bill requires all such requests for body-worn camera recordings to comply with the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).
A BILL to amend the Code of Virginia by adding a section numbered 19.2-265.7, relating to body-worn camera; release of recordings; penalty.19100220D
Patron: Peake
Expungement of certain offenses. Allows a person to petition for expungement of a deferred disposition dismissal for underage alcohol possession or using a false ID to obtain alcohol when the offense occurred prior to the person's twenty-first birthday; all court costs, fines, and restitution have been paid; and the person seeking the expungement is at least 21 years of age and has no other alcohol-related convictions.
A BILL to amend and reenact § 19.2-392.2 of the Code of Virginia, relating to expungement of certain alcohol offenses.19100230D
Patron: Stanley
Post-conviction relief; previously admitted scientific evidence. Provides that a person who was convicted of certain offenses, upon a plea of not guilty or an Alford plea, or who was adjudicated delinquent, upon a plea of not guilty or an Alford plea, by a circuit court of an offense that would be a covered offense if committed by an adult may petition the Court of Appeals to have his conviction vacated. The petition shall allege (i) that the petitioner did not commit the covered offense for which the petitioner was convicted or adjudicated delinquent, nor engage in conduct that would support a conviction for a lesser offense or any other crime arising from, or reasonably connected to, the facts supporting the indictment or information upon which he was convicted or adjudicated delinquent; (ii) an exact description of the forensic scientific evidence and its relevance in demonstrating that the petitioner did not commit the covered offense; (iii) specific facts indicating that relevant forensic scientific evidence was not available at the time of the petitioner's conviction or adjudication of delinquency through the exercise of reasonable due diligence by the petitioner or that discredited forensic scientific evidence was presented at the petitioner's conviction or adjudication of delinquency; and (iv) that had the forensic scientific evidence been presented at conviction or adjudication of delinquency, the petitioner would not have been convicted or adjudicated delinquent. The bill provides that if the court finds by clear and convincing evidence that the petitioner has proven all of the required allegations contained in the petition, the court may grant the petition and vacate the petitioner's conviction, subject to retrial in the discretion of the Commonwealth. The bill has a delayed effective date of July 1, 2020, and an expiration date of July 1, 2024.
A BILL to amend the Code of Virginia by adding in Title 19.2 a chapter numbered 19.4, consisting of a section numbered 19.2-327.15, relating to post-conviction relief; previously admitted scientific evidence.19101045D
Patron: Locke
Fort Monroe Authority; payments to the City of Hampton in lieu of real property taxes. Provides that, for real estate leased by the Fort Monroe Authority (the Authority) to a private owner, such real estate shall be taxed by the City of Hampton as if it were privately owned and billed directly to the lessee. However, if the lease term is less than 20 years, Hampton shall bill the Authority. The bill provides that the Authority and its lessees may use existing procedures for contesting assessments and taxes. Current law provides that land owned by the Authority is subject to a fee in lieu of real property taxes, but is silent on the treatment of land leased by the Authority to a private party.
A BILL to amend and reenact § 2.2-2342 of the Code of Virginia, relating to Fort Monroe Authority; payments to the City of Hampton in lieu of real property taxes.19102827D
Patron: Howell
Qualified education loan servicers. Prohibits any person from acting as a qualified education loan servicer except in accordance with provisions established by this bill. The bill requires a loan servicer to obtain a license from the State Corporation Commission (SCC) and establishes procedures pertaining to such licenses. Banks, savings institutions, credit unions, and nonprofit institutions of higher education are exempt from the licensing provisions. The servicing of a qualified education loan encompasses (i) receiving any scheduled periodic payments from a qualified education loan borrower pursuant to the terms of a qualified education loan; (ii) applying the payments of principal and interest and such other payments, with respect to the amounts received from a qualified education loan borrower, as may be required pursuant to the terms of a qualified education loan; and (iii) performing other administrative services with respect to a qualified education loan. Qualified education loan servicers are prohibited from, among other things, (a) misrepresenting the amount, nature, or terms of any fee or payment due or claimed to be due on a qualified education loan, the terms and conditions of the loan agreement, or the borrower's obligations under the loan; (b) knowingly misapplying or recklessly applying loan payments to the outstanding balance of a qualified education loan; and (c) failing to report both the favorable and unfavorable payment history of the borrower to a nationally recognized consumer credit bureau at least annually if the loan servicer regularly reports information to such a credit bureau. Violations are subject to a civil penalty not exceeding $2,500. The bill has a delayed effective date of July 1, 2020, but provides that applications shall be accepted, and investigations commenced, by the SCC beginning March 1, 2020.
A BILL to amend and reenact § 19.2-389 of the Code of Virginia and to amend the Code of Virginia by adding in Title 6.2 a chapter numbered 26, consisting of sections numbered 6.2-2600 through 6.2-2617, relating to student loans; licensing of qualified education loan servicers; civil penalties.19100744D
Patron: Petersen
Public institutions of higher education; tuition and fee increases; public comment. Requires the governing board of each public institution of higher education, prior to a vote on an increase in undergraduate tuition or mandatory fees, to permit public comment on the proposed increase at a meeting of the governing board. The bill requires each such governing board to establish policies for such public comment, which may include reasonable time limitations.
A BILL to amend and reenact § 23.1-307 of the Code of Virginia, relating to public institutions of higher education; tuition and fee increases; public comment.19101648D
Patron: Lucas
Lottery Board; regulation of casino gaming; penalties. Authorizes casino gaming in the Commonwealth to be regulated by the Virginia Lottery Board (the Board). The bill specifies the licensing requirements for casino gaming and imposes criminal and civil penalties for violations of the casino gaming law. Casino gaming shall be limited to any city in which at least 40 percent of the land area is exempt from local real property taxation pursuant to federal law or specified sections of the Constitution of Virginia or any city that had a rate of unemployment at least four percentage points higher than the statewide average, a poverty rate of at least 22 percent, and a population decrease in the locality of at least 20 percent from the previous year, all computed as of November 2017, and located adjacent to a state that has adopted a Border Region Retail Tourism Development District Act. The bill imposes a tax of 10 percent on the adjusted gross receipts of licensees and provides for how the tax proceeds are disbursed. In addition, a referendum must be passed in the city on the question of allowing casino gaming in the city. The bill requires the Board to establish and implement a voluntary exclusion program allowing individuals to voluntarily list themselves as being barred from entering a casino gaming establishment or other facility under the jurisdiction of the Board. The bill also establishes the Problem Gambling Treatment and Support Fund administered by the Commissioner of Behavioral Health and Developmental Services to provide counseling and other support services for compulsive and problem gamblers, develop problem gambling treatment and prevention programs, and provide grants to support organizations that provide assistance to compulsive gamblers.
A BILL to amend and reenact §§ 2.2-3711, 19.2-389, 37.2-304, 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, by adding in Article 1 of Chapter 3 of Title 37.2 a section numbered 37.2-314.1, and by adding in Title 58.1 a chapter numbered 41, containing articles numbered 1 through 9, consisting of sections numbered 58.1-4100 through 58.1-4131, relating to regulation of casino gaming by Virginia Lottery Board; penalties.
19103689D
Patron: McPike
Alcoholic beverage control; local special events license. Creates a local special events license, which allows a locality, business improvement district, or nonprofit organization to permit the consumption of alcoholic beverages within the area designated by the Board of Directors of the Virginia Alcoholic Beverage Control Authority for a special event, provided that such alcoholic beverages are purchased from a permanent retail on-premises licensee located within such designated area and are contained in disposable containers that clearly display the selling licensee's name or logo. The bill limits local special events licensees to 12 events per year and provides that the area designated for the special event may include sidewalks and the premises of businesses not licensed to sell alcoholic beverages, upon approval of such businesses, but shall not include parking areas.
A BILL to amend and reenact §§ 4.1-206, 4.1-231, 4.1-233, and 4.1-308 of the Code of Virginia, relating to alcoholic beverage control; local special events license.19100724D
Patron: Chafin
Virginia income tax; conformity; standard deduction; emergency. Advances conformity of the Commonwealth's tax code with the federal tax code to December 31, 2018, including conformity to the federal Tax Cuts and Jobs Act. The bill raises Virginia's standard deduction to $6,000 per taxpayer or $12,000 for married persons filing jointly for taxable year 2018. In future tax years, the deduction will be adjusted by a percentage equal to the difference in the Chained Consumer Price Index for All Urban Consumers between the current year and 2018. The bill also contains an emergency clause.
A BILL to amend and reenact §§ 58.1-301 and 58.1-322.03 of the Code of Virginia, relating to Virginia income tax; conformity; standard deduction; emergency.19101501D
EMERGENCY
Patron: Newman
Public high schools; Standards of Learning assessments. Requires the Standards of Learning assessments administered to students in grades nine through twelve to include reading, writing, mathematics, science, and Virginia and U.S. history. The bill requires each such Standards of Learning assessment to consist of a Board-developed end-of-course assessment and prohibits such from being performance-based. The bill requires each school board to annually certify that it has provided instruction and administered an alternative assessment, consistent with Board guidelines, to students taking other high school courses in reading, writing, mathematics, science, and history and social science. The bill requires such Board guidelines to ensure that such assessments produce quantifiable metrics and performance measures that are comparable across school divisions and years. The bill requires the Department of Education to perform reviews and performance audits on such locally administered alternative assessments for high school courses. The bill requires the Board, in its graduation requirements, to require students to earn a verified unit of credit in reading, writing, mathematics, science, and Virginia and U.S. History. The bill requires each such verified credit to be earned only by (i) the successful completion of a Board-developed end-of-course Standards of Learning assessment; (ii) achievement of a passing score on a Board-approved standardized test administered on a statewide, multistate, or international basis that measures content that incorporates or exceeds the Standards of Learning content in the course for which the verified credit is given; or (iii) achievement of criteria for the receipt of a locally awarded verified credit from the local school board in accordance with criteria established in Board guidelines when the student has not passed the corresponding Standards of Learning assessment.
A BILL to amend and reenact §§ 22.1-253.13:3 and 22.1-253.13:4 of the Code of Virginia, relating to public high schools; Standards of Learning assessments.19102794D
Patron: Chase
Virginia income tax; emergency. Advances conformity of the Commonwealth's tax code with the federal tax code to December 31, 2018, starting with taxable year 2018. The bill increases, starting with taxable year 2019, the amount of the standard deduction (i) from $3,000 to $6,000 for an individual or for married persons filing separately and (ii) from $6,000 to $12,000 for married persons filing jointly. Starting in 2020, the bill adjusts Virginia's standard deduction by the percentage increase in the Chained Consumer Price Index for All Urban Consumers (C-CPI-U) for the previous taxable year. In taxable year 2026, the standard deduction would return to $3,000 for an individual or a married person filing jointly and $6,000 for married persons filing jointly, coincident with the expiration of the individual income tax provisions of the federal Tax Cuts and Jobs Act (TCJA). Beginning in taxable year 2020, the individual tax brackets and the personal deductions will also be adjusted by the percentage increase of the C-CPI-U for the previous taxable year.
The bill reduces the corporate income tax from its current rate of six percent to five and one-half percent in 2018 and to five percent in 2019 and subsequent years. The bill provides that any additional revenues generated by the TCJA, beyond those revenues necessary to offset the reduction in revenues resulting from the provisions of the bill, shall be transferred to the Tax Policy Fund, created by the bill, to be used to provide tax reform to Virginia taxpayers starting in fiscal year 2020. The bill contains an emergency clause.
A BILL to amend and reenact §§ 58.1-301, 58.1-320, 58.1-322.03, and 58.1-400 of the Code of Virginia, relating to Virginia income tax; emergency.19102178D
EMERGENCY
Patron: DeSteph
Individual income tax; itemization. Allows an individual taxpayer to itemize deductions for state income tax purposes regardless of whether he elects to itemize deductions on his federal return for taxable years 2018 through 2025. Current law requires a taxpayer to claim the standard deduction on his state return if he claims the standard deduction on his federal return. The bill contains an emergency clause.
A BILL to amend and reenact § 58.1-322.03 of the Code of Virginia, relating to individual income tax; itemization.19103462D
EMERGENCY
Patron: Petersen
Sports betting; Virginia Sports Betting Department created; Problem Gambling Treatment and Support Fund; Sports Betting Operations Fund; penalties. Establishes the Virginia Sports Betting Department (the Department) and authorizes it to regulate sports betting. Before administering a sports betting operation, an entity is required to apply for a three-year license and pay an application fee of $5,000. An entity could apply for a license to operate only (i) at a racetrack or off-track betting facility in a locality that as of 2019 had approved such facilities at referendum or (ii) in a locality that votes to allow sports betting at referendum. Licensed vendors must apply for renewal of a license every three years, which requires a renewal fee of $1,000.
Under the provisions of the bill, betting on college sports and youth sports is prohibited, and betting on professional sports is allowed. The bill does not authorize the Department to allow betting through a website, app, or other platform accessible via the Internet. The bill prohibits betting by Department employees, participants in athletic events on which the bet is placed, and persons under age 18. The penalty for engaging in prohibited betting is a Class 1 misdemeanor.
The bill directs the Department to establish a voluntary exclusion program, which would allow individuals to request that the Department exclude them from participating in sports betting.
The bill imposes a 10% tax on a licensed vendor's adjusted gross revenue, defined in the bill. The Department would retain 2.5% of the tax revenue to defray its costs of administering the program.
The bill creates the Problem Gambling Treatment and Support Fund, administered by the Department of Behavioral Health and Developmental Services. The Fund would be used to provide counseling to compulsive gamblers, implement problem gambling treatment and prevention programs, and provide grants to organizations that assist problem gamblers. The Fund would be funded by 2.5% of the revenue generated from sports betting.
Fifty percent of tax revenue would accrue to the locality in which it was generated, and 45% would accrue to the Virginia Foundation for Community College Education Fund, which is used to provide monetary assistance to Virginia residents who are enrolled in a Virginia community college.
A BILL to amend and reenact §§ 2.2-3705.3, 2.2-3711, 18.2-334.3, 37.2-304, 59.1-364, and 59.1-569 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 in Article 1 of Chapter 3 of Title 37.2 a section numbered 37.2-314.1, and by adding in Title 58.1 a chapter numbered 41, consisting of sections numbered 58.1-4100 through 58.1-4124, relating to sports betting; Virginia Sports Betting Department created; Problem Gambling Treatment and Support Fund; Sports Betting Operations Fund; penalties.19100553D
Patron: Vogel
Department of Education; pilot program; feasibility of educational placement transition of certain students with disabilities. Requires the Department of Education to develop and implement a pilot program in two local school divisions in the Commonwealth 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.
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.19103184D
Patron: Chafin
Department of Forensic Science; purchase of forensic laboratory services. Requires the Department of Forensic Science to purchase forensic laboratory services from laboratories located in the Commonwealth that are operated by an institution of higher education located in the Commonwealth or a corporate entity that is wholly owned by an institution of higher education located in the Commonwealth, which institution offers a program leading to the Doctor of Pharmacy degree and is accredited by the Accreditation Council for Pharmacy Education and the Southern Association of Colleges and Schools, unless the laboratory does not meet the reasonable requirements of the Department of Forensic Science, cannot provide the forensic laboratory services required by the Department of Forensic Science, or the Department of Forensic Science can purchase forensic laboratory services from another source at a price that is at least ten percent less.
A BILL to amend the Code of Virginia by adding a section numbered 9.1-1101.1, relating to Department of Forensic Science; purchase of forensic laboratory services.19100018D
Patron: Barker
Refundable income tax credit for low-income taxpayers. Allows low-income individuals and married persons to claim either (i) a nonrefundable income tax credit equal to $300 for each individual, his spouse, and any dependents or (ii) a refundable income tax credit equal to 20 percent of the federal earned income tax credit claimed that year by the individual or married persons. Under current law, low-income individuals and married persons may elect either of these amounts; however, both options for claiming the credit are nonrefundable. The provisions of the bill apply to taxable years beginning on and after January 1, 2019, but before January 1, 2026.
A BILL to amend and reenact §§ 58.1-339.8 and 63.2-527 of the Code of Virginia, relating to refundable income tax credit for low-income taxpayers.19102405D
Patron: Hanger
Conformity of the Commonwealth's taxation system with the Internal Revenue Code; emergency. Advances conformity of the Commonwealth's tax code with the federal tax code to December 31, 2018, including conformity to the federal Tax Cuts and Jobs Act. The bill also makes technical amendments and 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.19102402D
EMERGENCY
Patron: Stanley
Voter referendum; school modernization commission. Provides for a statewide referendum on the question of whether the General Assembly shall issue state general obligation bonds in the amount of $3 billion for the purpose of K-12 school building construction, repair, or other capital projects related to the modernization of school facilities. The results would be advisory only and are intended only to demonstrate the preference of the citizens of the Commonwealth on developing such a commission. The referendum would be held at the November 2019 general election.
A BILL to provide for a statewide advisory referendum relating to the establishment of a school modernization commission in Virginia.19104238D
Patron: Newman
Department of Education; energy career cluster. Requires the Department of Education, in consultation with representatives from pertinent industries such as renewable energy, natural gas, nuclear energy, coal, and oil, to establish an energy career cluster. The bill requires the Department of Education to base the knowledge and skill sets contained in such energy career cluster on the energy industry competency and credential models developed by the Center for Energy Workforce Development in partnership with the U.S. Department of Labor. The bill further requires the Department of Education to report to the Chairmen of the House Committee on Education and the Senate Committee on Education and Health no later than December 1, 2019, on its progress toward establishing such energy career cluster.
A BILL to require the Department of Education to establish an energy career cluster.19103857D
Patron: Wagner
Coal combustion residuals impoundment; closure. Directs the Department of Environmental Quality (the Department), as it issues a permit for the closure of a coal combustion residuals (CCR) surface impoundment, commonly called a coal ash pond, located in the Chesapeake Bay watershed, to consider requirements of state and federal law and regulation, anticipated truck traffic, the long-term cost effectiveness of a proposed closure, and the ability of any closure to withstand extreme weather events or natural disasters. The bill provides that costs associated with any permit for closure, as well as any permit for capping in place, removing, or beneficially reusing any CCR from the site, shall be deemed in the public interest and recoverable by the utility. The bill provides that any such costs shall be fully allocated to all customers of the utility irrespective of the generation supplier of any particular customer.
A BILL to allow closure of certain coal combustion residuals impoundments.19103057D
Patron: Wagner
Virginia Lottery Board; rename as Virginia Lottery and Sports Wagering Commission; Problem Gambling Treatment and Support Fund; penalties. Renames the Virginia Lottery Board as the Virginia Lottery and Sports Wagering Commission (the Lottery) and directs it to operate a sports wagering facility at which the Department accepts wagers on professional sports and college sports, defined in the bill. The bill authorizes the Lottery to operate a digital platform to accept such wagers.
The bill prohibits wagering on Virginia college sports and youth sports, also defined in the bill. The bill prohibits wagering by Lottery employees, participants in athletic events on which the wager is placed, and persons under age 21. The penalty for engaging in prohibited wagering is a Class 1 misdemeanor.
The bill directs the Lottery to establish a voluntary exclusion program, which would allow individuals to request that the Lottery exclude them from buying lottery tickets or participating in sports wagering. The bill allows the Lottery to retain 2.5% of gross revenue, defined in the bill, to defray its costs of administering the program.
The bill creates the Problem Gambling Treatment and Support Fund, administered by the Department of Behavioral Health and Developmental Services, to be used to provide counseling to compulsive gamblers, implement problem gambling treatment and prevention programs, and provide grants to organizations that assist problem gamblers. The Fund would be funded by 2.5% of adjusted gross revenue. The remaining adjusted gross revenue generated from sports wagering accrues to the general fund.
A BILL to amend and reenact §§ 2.2-419, 2.2-2905, 2.2-3114, 2.2-3202, 2.2-3705.3, 2.2-3705.7, 2.2-3711, 2.2-4002, 8.01-195.11, 9.1-101, 9.1-801, 18.2-308.016, 18.2-334.3, 18.2-340.22, 19.2-389, 37.2-304, 58.1-3, 58.1-302, 58.1-460, 58.1-4000, 58.1-4002, 58.1-4003, 58.1-4004, 58.1-4006, 58.1-4007, 58.1-4008, 58.1-4009, 58.1-4010, 58.1-4011, 58.1-4019, 58.1-4020, 58.1-4020.1, 58.1-4021, 58.1-4022, 58.1-4023, 58.1-4027, 59.1-148.3, 59.1-364, and 59.1-569 of the Code of Virginia; to amend the Code of Virginia by adding in Chapter 3 of Title 11 a section numbered 11-16.1, by adding in Article 1 of Chapter 3 of Title 37.2 a section numbered 37.2-314.1, by adding a section numbered 58.1-4015.1, and by adding in Chapter 40 of Title 58.1 an article numbered 2, consisting of sections numbered 58.1-4030 through 58.1-4042; relating to Virginia Lottery Board; rename as Virginia Lottery and Sports Wagering Commission; Problem Gambling Treatment and Support Fund; penalties.19103067D
Patron: Norment
Virginia Public Procurement Act; statute of limitations on actions on construction contracts; statute of limitations on actions on performance bonds. Provides that no action may be brought by a public body on any construction contract, including construction management and design-build contracts, unless such action is brought within five years after substantial completion of the work on the project and that no action may be brought by a public body on a warranty or guarantee in such construction contract more than one year from the breach of that warranty, but in no event more than one year after the expiration of such warranty or guarantee. The bill also limits the time frame during which a public body, other than the Department of Transportation, may bring an action against a surety on a performance bond to within one year after substantial completion of the work on the project. Current law allows a public body, other than the Department of Transportation, to bring such an action within one year after (i) completion of the contract, including the expiration of all warranties and guarantees, or (ii) discovery of the defect or breach of warranty that gave rise to the action.
A BILL to amend and reenact §§ 2.2-4340, 2.2-4343, and 23.1-1017 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-4340.1, relating to the Virginia Public Procurement Act; statute of limitations on actions on construction contracts; statute of limitations on actions on performance bonds.19101482D
Patron: Norment
Conformity of the Commonwealth's taxation system with the Internal Revenue Code; emergency. Advances conformity of the Commonwealth's tax code with the federal tax code to December 31, 2018, including conformity to the federal Tax Cuts and Jobs Act. The bill also eliminates an obsolete provision and 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.19101062D
EMERGENCY
Patron: McDougle
Expungement of certain charges and convictions. Allows a person to petition for expungement of convictions and deferred disposition dismissals for marijuana possession, underage alcohol possession, and using a false ID to obtain alcohol when the offense occurred prior to the person's twenty-first birthday; all court costs, fines, and restitution have been paid; and five years have elapsed since the date of completion of all terms of sentencing and probation. The bill provides that any person seeking expungement of a marijuana possession or alcohol-related charge shall be assessed a $150 fee, which shall be paid into the state treasury and credited to the Department of State Police.
A BILL to amend and reenact §§ 19.2-392.2 and 19.2-392.4 of the Code of Virginia, relating to expungement of certain charges and convictions.19101011D
Patron: Dance
School boards; staffing ratios; guidance counselors. Changes the name of guidance counselors to school counselors and requires school boards to employ school counselors in accordance with the following ratios: (i) effective with the 2019-2020 school year, in elementary schools, one hour per day per 75 students, one full-time 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 at 325 students, one additional period per 65 students or major fraction thereof; in high schools, one period per 60 students, one full-time at 300 students, one additional period per 60 students or major fraction thereof; (ii) effective with the 2020-2021 school year, in elementary schools, one hour per day per 60 students, one full-time at 300 students, one hour per day additional time per 60 students or major fraction thereof; in middle and high schools, one period per 55 students, one full-time at 275 students, one additional period per 55 students or major fraction thereof; and (iii) effective with the 2021-2022 school year, in elementary, middle, and high schools, one hour per day per 50 students, one full-time at 250 students, one additional hour per day per 50 students or major fraction thereof.
A BILL to amend and reenact §§ 22.1-227.1, 22.1-253.13:2, 22.1-253.13:10, and 22.1-290.01 of the Code of Virginia, relating to school boards; staffing ratios; guidance counselors.
19102239D
Patron: Mason
Sex Offender and Crimes Against Minors Registry; reregistration schedule. Changes the dates for required reregistration of persons on the Sex Offender and Crimes Against Minors Registry (the Registry) from a repeating specified number of days after initial registration to time periods corresponding to such person's birth month and the first letter of such person's last name. The time intervals for reregistration for each of the following four categories of reregistration do not materially change. The bill provides that (i) a person required to register, other than those persons convicted of a sexually violent offense or murder, shall reregister once each year during such person's birth month, current law is once each year from the date of initial registration; (ii) a person convicted of a sexually violent offense or murder shall reregister every three months, beginning in such person's birth month, current law is every 90 days from the date of initial registration; (iii) a person convicted of providing false information or failing to provide registration information, but not convicted of a sexually violent offense or murder, shall reregister every six months beginning with such person's birth month, current law is every 180 days from the date of such conviction; and (iv) a person convicted of providing false information or failing to provide registration information, when such person was included in the Registry for a sexually violent offense or murder, shall reregister every month, current law is every 30 days from the date of such conviction. The bill requires persons with a last name beginning with A through L to register from the first to the fifteenth of each required reporting month and persons with last names M through Z to register from the sixteenth to the last day of the month of each required reporting month.
A BILL to amend and reenact § 9.1-904 of the Code of Virginia, relating to Sex Offender and Crimes Against Minors Registry; reregistration schedule.
19103039D
Patron: Sturtevant
Department of Education; establishment of microcredential program. Permits the Department of Education to establish a microcredential program for the purpose of permitting any public elementary or secondary school teacher who holds a renewable or provisional license or any individual who participates in any alternate route to licensure program to complete additional in-person or blended coursework and earn microcredentials in science, technology, engineering, and mathematics (STEM) endorsement areas, including computer science, for which there is a high need for additional qualified teachers. The bill requires the Department of Education to establish a microcredential committee to determine how any microcredential awarded pursuant to any such program will be used to award add-on endorsements and certifications for teachers in such STEM endorsement areas. The bill provides certain conditions in which in-person coursework in a microcredential program not contributing to an endorsement is eligible for professional development points towards the renewal of a teaching license.
A BILL to amend the Code of Virginia by adding a section numbered 22.1-299.7, relating to the Department of Education; establishment of a microcredential program.19103945D
Patron: Sturtevant
Alcoholic beverage control; coworking establishment license. Creates a coworking establishment license that allows facilities that have at least 25 members and offer shared office space to serve wine and beer to members and guests on the licensed premises. The bill imposes a $100 annual state tax and a $20 annual local tax on the license.
A BILL to amend and reenact §§ 4.1-100, 4.1-206, 4.1-231, and 4.1-233 of the Code of Virginia, relating to alcoholic beverage control; coworking establishment license.19104044D
Patron: Obenshain
Virginia Freedom of Information Act; training requirements; proceedings for enforcement. Requires the Virginia Freedom of Information Advisory Council to provide, and local elected officials to complete, training on the provisions of the Virginia Freedom of Information Act. The bill requires local elected officials to complete such training at least once every two years while they are in office. The bill also eliminates the three-day notice requirement for a hearing on a petition for mandamus or injunction alleging a violation of the Act. The bill contains technical amendments.
A BILL to amend and reenact § 2.2-3713 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-3704.3, relating to the Virginia Freedom of Information Act; training requirements; proceedings for enforcement.19103021D
Patron: Stuart
Virginia income tax; emergency. Advances conformity of the Commonwealth's tax code with the federal tax code to December 31, 2018, starting with taxable year 2018. The bill increases, starting with taxable year 2018, the amount of the standard deduction (i) from $3,000 to $6,000 for an individual or for married persons filing separately and (ii) from $6,000 to $12,000 for married persons filing jointly. Starting in 2019, the bill adjusts Virginia's standard deduction by the percentage increase in the Chained Consumer Price Index for All Urban Consumers (C-CPI-U) for the previous taxable year. In taxable year 2026, the standard deduction would return to $3,000 for an individual or a married person filing jointly and $6,000 for married persons filing jointly, coincident with the expiration of the individual income tax provisions of the federal Tax Cuts and Jobs Act (TCJA). Beginning in taxable year 2020, the individual tax brackets and the personal deductions will also be adjusted by the percentage increase of the C-CPI-U for the previous taxable year.
The bill reduces the corporate income tax from its current rate of six percent to five and one-half percent in 2018 and to five percent in 2019 and subsequent years and establishes subtractions from Virginia corporate taxable income for the amount of global intangible low-taxed income that is included in federal taxable income and the amount of business interest that is disallowed as a deduction from federal taxable income.
The bill provides that any additional revenues generated by the TCJA, beyond those revenues necessary to offset the reduction in revenues resulting from the provisions of the bill, shall be transferred to the Tax Policy Fund, created by the bill, to be used to provide tax reform to Virginia taxpayers starting in fiscal year 2020. The bill contains an emergency clause.
A BILL to amend and reenact §§ 58.1-301, 58.1-320, 58.1-322.03, 58.1-400, and 58.1-402 of the Code of Virginia, relating to Virginia income tax; emergency.19101629D
EMERGENCY
Patron: Chafin
Timber sales; theft; accounting; penalty. Provides that a person who buys and removes timber from a landowner's property is guilty of larceny if he fails to pay the landowner by the date specified in their agreement or, if there is no written agreement, within 60 days of removing the timber. The bill provides that a person who is convicted of larceny of timber shall be ordered to pay three times the value of the timber removed. The bill also provides that, following the passing of the payment deadline, a buyer's failure to pay within 10 days of receiving a demand for payment shall constitute prima facie evidence of the buyer's intent to violate the larceny provision. An exception exists for a purchaser who made payment to a person he believed in good faith to be the rightful owner of the timber.
The bill requires a timber buyer, in certain cases, to furnish at the request of the landowner an accounting of each load removed from the property, with all supporting documentation. A person who fails to provide such information, or who provides false information, is guilty of a Class 3 misdemeanor.
The bill extends from 30 days to 90 days the period during which the owner of land on which a person encroached and cut timber has the right to notify such trespasser and to appoint a timber estimator to determine the amount of damages and directs the State Forester to assist landowners and law-enforcement agencies with regard to reported cases of timber theft.
A BILL to amend and reenact §§ 10.1-1105 and 55-332 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 55-334.2 and 55-334.3, relating to timber theft; accounting; penalty.19104311D
Patron: Hanger
Education; computation of composite index; land-use assessment value. Requires the General Assembly to modify the current standards of quality funding formula and the calculation of composite index of local ability to pay to incorporate within the real estate indicator of local wealth the land-use assessment value for those properties located within a land-use plan.
A BILL to amend the Code of Virginia by adding in Chapter 13.2 of Title 22.1 a section numbered 22.1-253.13:11, relating to apportionment of the state and local shares of the costs of providing certain educational programs.19102935D
Patron: Deeds
Claims; Gary Linwood Bush. Provides relief in the amount of $520,163, to Gary Linwood Bush, who was wrongfully convicted of two bank robberies in 2007. In May 2018, after Mr. Bush served 11 years in prison, the Court of Appeals issued writs of actual innocence to Mr. Bush for both robberies after another person confessed and pled guilty to the robberies. The bill also allows Mr. Bush to receive career and technical training within the Virginia Community College System free of tuition charges, up to a maximum of $15,000.
A BILL for the relief of Gary Linwood Bush.19103925D
Patron: Saslaw
Income tax credit; solar energy equipment. Creates a nonrefundable tax credit for the purchase and installation of solar energy equipment in certain nonresidential areas for taxable years beginning on and after January 1, 2019, but before January 1, 2024. The tax credit is capped at $100,000 per individual or 35 percent of the installed cost of the system, whichever is less. The aggregate amount of credits that can be issued in a fiscal year is capped at $10 million.
A BILL to amend the Code of Virginia by adding in Article 13 of Chapter 3 of Title 58.1 a section numbered 58.1-439.12:13, relating to income tax credit; solar energy equipment.19101604D
Patron: Carrico
Capital murder; law-enforcement officers and fire marshals; reduction of charges. Provides that no person charged with capital murder of a law-enforcement officer, a fire marshal or deputy or assistant fire marshal when such fire marshal or deputy or assistant fire marshal has been granted police powers, an auxiliary police officer, an auxiliary deputy sheriff, or any law-enforcement officer of another state or the United States having the power to arrest for a felony under the laws of such state or the United States shall have his capital murder charge reduced or amended in any manner.
A BILL to amend and reenact § 18.2-31 of the Code of Virginia, relating to capital murder; law-enforcement officers and fire marshals; reduction of charges.19100824D
Patron: Sturtevant
Virginia Charitable Gaming Board; conduct of charitable gaming. Requires the Virginia Charitable Gaming Board to conduct an annual evaluation of the conduct of charitable gaming operations in Virginia. The bill also removes restrictions regarding the number of calendar days that charitable gaming may be conducted at buildings owned by nonprofit entities and raises to four the number of days that such gaming may be conducted in buildings owned by other entities. Currently, gaming is limited to four calendar days per week for buildings owned by nonprofit entities and two calendar days for buildings owned by other entities. The bill also (i) removes the limit of 55 bingo games per session, (ii) 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 Board regulations, to 50, and (iii) authorizes a qualified organization to pay members up to $50 per session.
A BILL to amend and reenact §§ 2.2-2456, 18.2-340.19, 18.2-340.27, and 18.2-340.33 of the Code of Virginia, relating to the Virginia Charitable Gaming Board; conduct of charitable gaming.19101744D
Patron: Chafin
Reports to Central Criminal Records Exchange; additional offenses. Adds various criminal offenses to the list of offenses for which a report to the Central Criminal Records Exchange is required. The reports contain such information as is required by the Exchange and are accompanied by fingerprints of the individual arrested. This bill is a recommendation of the Virginia State Crime Commission.
A BILL to amend and reenact § 19.2-390 of the Code of Virginia, relating to reports to Central Criminal Records Exchange; additional offenses.19104226D
Patron: Sturtevant
Virginia taxable income; standard deduction. Equalizes the Virginia standard deduction with the federal standard deduction. For taxable years beginning on and after January 1, 2018, but before January 1, 2019, the amount of the standard deduction shall be $12,000 per taxpayer or $24,000 for married persons filing jointly. In future tax years, the deduction will be adjusted by a percentage equal to the difference in the Chained Consumer Price Index for All Urban Consumers between the current year and 2018. The bill contains an emergency clause.
A BILL to amend and reenact § 58.1-322.03 of the Code of Virginia, relating to Virginia taxable income; standard deduction; emergency.19103444D
EMERGENCY
Patron: Sturtevant
High school STEM internship tax credit; report. Creates a tax credit for a business that hosts a junior or senior in a Richmond City Schools high school as an intern in a STEM or high-demand field for a semester during the 2019-2020 or 2020-2021 academic year. The business would receive a $2,500 credit per student per semester. Participation in the program is limited to 25 students. The bill requires the Superintendent of Richmond Public Schools to submit an annual report regarding various metrics of the program.
A BILL to amend the Code of Virginia by adding in Article 3 of Chapter 3 of Title 58.1 a section numbered 58.1-339.13, relating to high school STEM internship tax credit; report.19102786D
Patron: Surovell
Coal combustion residuals; Chesapeake Bay watershed; closure. Requires the owner or operator of any coal combustion residuals (CCR) unit, defined in the bill to include a coal ash pond or landfill, that is located in the Chesapeake Bay watershed to close such CCR unit by removing all of the CCR for (i) recycling, known as encapsulated beneficial use, or (ii) deposition in a permitted and lined landfill that meets certain federal standards. Any owner or operator that disposes of CCR in such a landfill is required to explain why recycling is not economically feasible. Such a closure project shall be completed within 15 years of its initiation and shall be accompanied by water testing or a connection to a municipal water supply for every residence within one-half mile.
The bill provides that if the owner or operator moves CCR off-site, it shall use rail transportation to the maximum extent practicable and shall develop and make publicly available a transportation plan for any truck transportation that minimizes the effects on adjacent property owners and surrounding communities. The bill requires the owner or operator of a CCR unit to accept and review on an ongoing basis sufficiently detailed proposals to beneficially reuse any CCR that are not already subject to a removal contract. The bill requires that any entity conducting the closure work, to the maximum extent practicable, utilize local labor and ensure that the work is performed by responsible contractors that pay workers fair wages and benefits.
The bill requires the CCR unit owner or operator to submit two annual reports beginning October 1, 2019, and continuing until closure of all of its CCR units is complete. One report describes closure plans, progress, water monitoring results, and other aspects of the closure process; the other report contains the beneficial reuse proposals that the owner or operator has received and its analysis of such proposals.
A BILL to amend the Code of Virginia by adding in Article 2.1 of Chapter 14 of Title 10.1 a section numbered 10.1-1413.3, relating to coal combustion residuals units; closure; beneficial use.19104243D
Patron: Norment
Virginia taxable income; threshold for filing return. Raises the minimum threshold for filing a Virginia tax return to $15,000 for an individual and $30,000 for married persons filing jointly, for taxable years beginning on or after January 1, 2019. Under current law, the minimum threshold for filing a Virginia tax return is $11,950 for an individual and $23,300 for married persons filing jointly for taxable years beginning on and after January 1, 2012.
A BILL to amend and reenact § 58.1-321 of the Code of Virginia, relating to Virginia taxable income; threshold for filing return.19101106D
Patron: Norment
Revenue sharing; gaming in the Commonwealth. Creates a revenue sharing program, if gaming is authorized in the Commonwealth, that would require the owner or operator of any gaming establishment to share 40 percent of its adjusted gross receipts with the Commonwealth. The revenues would be distributed as follows: 40 percent would be used to support higher education affordability initiatives, forty percent would be used to support elementary and primary school construction, and twenty percent would be used to supporting the marketing and promotion of Virginia tourism destinations.
A BILL to share revenues generated by gaming authorized in the Commonwealth.19103196D
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.19100917D
Patron: Suetterlein
Parental leave. Codifies the policy described in Executive Order Number 12 (2018) providing parental leave to state employees, consisting of eight weeks (320 hours) of paid leave in addition to leave provided under other state and federal programs. The bill requires that parental leave be available following the birth, adoption, or foster placement of a child under age 18 and be available to both parents of such child if both are state employees. The bill requires that parental leave be taken within six months of a birth, adoption, or foster placement and limits parental leave to once in any 12-month period and only once per child.
A BILL to amend the Code of Virginia by adding in Chapter 12 of Title 2.2 a section numbered 2.2-1210, relating to parental leave.19103450D
Patron: Suetterlein
Public schools; average daily membership; early graduation. Provides that a student who graduates from a public high school in less than four school years will be counted in the average daily membership in the relevant school division until the graduation of his class cohort or he is no longer of school-age, whichever is earlier. The provisions of the bill do not apply to any student who completes a high school equivalency examination.
A BILL to amend and reenact §§ 22.1-253.13:2 and 22.1-274 of the Code of Virginia, relating to public schools; average daily membership; early graduation.19103351D
Patron: Dunnavant
Education and workforce development; Virginia Works Portal created. Creates the Virginia Works Portal, administered by the Virginia Economic Development Partnership Authority, to provide one-stop access to information regarding career paths, education, workforce development, and employment opportunities in the Commonwealth. The bill creates the five-person Virginia Works Board to oversee the Portal and the Virginia Works Advisory Committee of public and private sector stakeholders to advise the Board.
A BILL to amend the Code of Virginia by adding in Chapter 24 of Title 2.2 an article numbered 27, consisting of sections numbered 2.2-2491 through 2.2-2494, relating to education and workforce development; Virginia Works Portal created.19101378D
Patron: Dunnavant
Virtual Virginia. Requires that the Virtual Virginia program, the statewide electronic classroom established by the Department of Education, be made available to all public schools. Currently, the program is available only to high schools. The bill requires the Department to utilize a learning management system for the purposes of implementing Virtual Virginia. The bill also authorizes the Department to charge a per-student fee to school divisions for each student enrolled in a full-time Virtual Virginia program beyond an initial allotment of 15 such students per school division and prohibits the Department from limiting the total number of such students by school division.
A BILL to amend and reenact § 22.1-212.2 of the Code of Virginia, relating to Virtual Virginia.19101926D
Patron: Saslaw
Research and development in the Commonwealth. Makes several changes related to the funding and oversight of research and development initiatives in the Commonwealth. The bill codifies the existing Virginia Biosciences Health Research Corporation (VBHRC), and brings it under the authority of the Innovation and Entrepreneurship Investment Authority (IEIA). The bill also creates a new Capital Research Investment Advisory Committee (Investment Committee), and an accompanying nonstock, nonprofit corporation under the IEIA, to oversee early and seed-stage venture capital investments. The Virginia Research Investment Committee would provide guidance to the IEA and the Investment Committee. The Board membership of the IEIA is expanded to include the chairman of VRIC and the VBHRC. Finally, the bill directs the Secretaries of Commerce and Trade and Education to convene a stakeholder group to review a recent technology report and make recommendations concerning the allocation of resources related to research, development, and commercialization.
A BILL to amend and reenact §§ 2.2-204, 2.2-2220, and 23.1-3132 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 2.2-2220.2 and 2.2-2232.1, relating to research and development in the Commonwealth.
19102131D
Patron: Dunnavant
Board of Corrections; minimum standards for health care services in local correctional facilities. Authorizes the Board of Corrections (Board) to establish minimum standards for health care services in local, regional, and community correctional facilities and procedures for enforcing such minimum standards, with the advice of and guidance from the Commissioner of Behavioral Health and Developmental Services and State Health Commissioner. The bill provides that (i) such standards shall require that each local, regional, and community correctional facility submit a standardized quarterly continuous improvement report documenting the delivery of health care services, along with any improvements made to those services, to the Board and (ii) such reports shall be available to the public on the Board's website. The bill also authorizes the Board to determine that a local, regional, or community correctional facility accredited by the American Correctional Association or National Commission on Correctional Health Care meets such minimum standards solely on the basis of such accreditation; however, without exception, the requirement to submit standardized quarterly continuous quality improvement reports shall be a mandatory minimum standard. This bill is a recommendation of the Joint Commission on Health Care.
A BILL to amend and reenact § 53.1-5 of the Code of Virginia, relating to Board of Corrections; minimum standards for health care services in local correctional facilities.19101422D
Patron: Obenshain
Reports to Central Criminal Record Exchange; duties and authority of the Central Criminal Records Exchange; unapplied criminal history record information. Requires the Central Criminal Records Exchange (Exchange) to review offenses containing unapplied criminal history record information, defined in the bill, and make reasonable efforts to ensure that such information is applied to criminal history records. The bill requires the Exchange to submit periodic reports to the Office of the Executive Secretary of the Supreme Court of Virginia, the clerk of each circuit court and district court, attorneys for the Commonwealth, and law-enforcement agencies containing (i) a list of offenses with unapplied criminal history record information and (ii) for each offense, if known, the name and any other identifying information of the defendant, any identifying court case information, the date of submission to the Exchange, and the reason the offense could not be applied to the criminal history record. The bill also requires the Exchange to submit an annual report to the Governor and General Assembly on the status of unapplied criminal history record information and any updates to fingerprinting policies and procedures.
The bill also requires a law-enforcement officer to report the required information to the Central Criminal Records Exchanges for persons arrested on a capias for any allegation of a violation of the terms or conditions of a suspended sentence, probation, or parole for a felony offense. The bill also provides that for persons served with a show cause for any allegation of a violation of the terms or conditions of a suspended sentence, probation, or parole for a felony offense, a report to the Central Criminal Records Exchange is not required until such person is found to be in violation of the terms or conditions of a suspended sentence, probation, or parole. The bill authorizes the court to order that the fingerprints and photograph of such person served with a show cause and found to be in violation be taken by a law-enforcement officer.
The bill provides that for persons charged under the first offender domestic assault, first offender drug possession, or first offender property offense statute, the court shall verify that the clerk of court has been provided with the fingerprint identification information or fingerprints of such person prior to discharging such person and dismissing the proceedings. The bill authorizes a court to order a law-enforcement officer to take the fingerprints and photograph of a person charged if the fingerprint identification information or fingerprints have not been provided to the clerk of court.
The bill provides that if a person is in custody for an offense for which a report to the Central Criminal Records Exchange is required when an indictment or presentment is found or made, or information is filed, and no process is awarded, the attorney for the Commonwealth shall notify the court of such and the court shall order that the fingerprints and photograph of the accused be taken by a law-enforcement officer or by the agency that has custody of the accused at the time of the first appearance by the accused.
The bill requires the Department of State Police to develop a model policy on the collection of fingerprints and reporting of criminal history record information to the Central Criminal Records Exchange and to disseminate such policy to all law-enforcement agencies within the Commonwealth.
The bill requires a judge, after convicting the defendant of any offense for which a report to the Central Criminal Records Exchange is required, to determine if a copy of such defendant's fingerprints or fingerprint identification information has been provided by a law-enforcement officer to the clerk of court. The bill provides that in any case in which fingerprints or fingerprint identification information has not been provided by a law-enforcement officer to the clerk of court, the judge shall require that fingerprints and photograph be taken by a law-enforcement officer as a condition of probation or of the suspension of the imposition or execution of any sentence.
The bill provides that any fingerprints, photographs, and records received by the Central Criminal Records Exchange from any correctional institution concerning an incarcerated person may be classified and filed as criminal history record information. The bill requires the Department of Corrections to submit photographs, fingerprints, and a description of each person who is under the custody of the Department to the Central Criminal Records Exchange if such person has been convicted of an offense for which a report to the Central Criminal Records Exchange is required.
The bill requires a state probation and parole officer and a local community-based probation officer, (a) at least 60 days prior to an offender's release from supervision pursuant to the terms of the sentencing order or (b) prior to submitting a request to the court that the offender be released from supervision, to review the criminal history record of the offender to verify that the offense for which the offender is being supervised appears on the offender's criminal history record, if such offense is required to be reported to the Central Criminal Records Exchange, and, if such offense does not appear on the offender's criminal history record, to take and provide the fingerprints and photograph of the offender to the Central Criminal Records Exchange to be classified and filed as part of the criminal history record information.
The bill provides that at a restitution hearing the court shall review the criminal history record of a defendant and determine whether the defendant's conviction appears on such record. The bill provides that if such conviction does not appear on the defendant's criminal history record, the court shall order that the fingerprints and photograph of the defendant be taken by a law-enforcement officer. The bill requires such fingerprints and photograph to be submitted to the Central Criminal Records Exchange.
The bill provides that in any case where the court has suspended the imposition or execution of a sentence or placed the defendant on probation, the court, after a hearing and providing adequate notice to the parties, may modify the sentence or conditions of probation at any time within the period of suspension or supervision to require that the fingerprints and photograph of the defendant be taken as a condition of the suspended sentence or probation.
The bill provides that for treason, any felony, any offense punishable as a misdemeanor under Title 54.1 (Professions and Occupations), or any misdemeanor punishable by jail, when any such offense is charged on a summons, the electronic report filed by the clerk of each circuit court and district court to the Central Criminal Records Exchange shall not be required until (1) a conviction is entered and no appeal is noted or, if an appeal is noted, the conviction is upheld upon appeal or the person convicted withdraws his appeal; (2) the court dismisses the proceeding pursuant to the first offense statute; or (3) an acquittal by reason of insanity is entered.
The bill directs the Department of State Police to make reasonable efforts to ensure that criminal history record information that was reported to the Central Criminal Records Exchange prior to July 1, 2019, and not applied to the criminal history record of a person be applied to the criminal history record of that person. The bill requires the Department to report on the progress of these efforts to the Governor and the Chairman of the State Crime Commission by November 1, 2019.
This bill is a recommendation of the Virginia State Crime Commission.
A BILL to amend and reenact §§ 9.1-101, 9.1-176.1, 18.2-57.3, 18.2-251, 19.2-74, 19.2-232, 19.2-303, 19.2-303.2, 19.2-305.1, 19.2-388, 19.2-390, 19.2-392, 53.1-23, and 53.1-145 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 19.2-303.02 and 19.2-390.03, relating to reports to Central Criminal Records Exchange; duties and authority of the Central Criminal Records Exchange; unapplied criminal history record information.19104081D
Patron: Ruff
Tech Talent Investment Program. Creates a grant program to assist qualified public institutions of higher education, defined in the bill, in reaching, by 2039, a goal of increasing, in the aggregate, the number of bachelor's and master's degrees awarded in computer science, computer engineering, and closely related fields by at least 25,000 degrees. To be eligible for an annual grant, a qualified institution is required to enter into a memorandum of understanding setting forth specific criteria for eligible degrees, eligible expenses, and degree production goals. The bill requires qualified institutions that are grant recipients to report annually on progress towards meeting such goals and that grants issued pursuant to the program are subject to appropriation.
A BILL to amend the Code of Virginia by adding in Subtitle III of Title 23.1 a chapter numbered 12.1, consisting of sections numbered 23.1-1239 through 23.1-1242, relating to creation of the Tech Talent Investment Program.19102502D
Patron: Dunnavant
Public institutions of higher education; innovation. Establishes the Innovative Internship Fund and Innovative Internship Pilot Program, to be administered by the State Council of Higher Education for Virginia, for the purpose of awarding grants on a competitive basis to public institutions of higher education that partner with at least one private sector entity that agrees to provide matching funds to facilitate innovative internship programs for students enrolled at the institution that accomplish one or more enumerated goals related to the workforce. The bill also permits any public institution of higher education to propose in conjunction with the six-year plan process, and the General Assembly to adopt by reference in the general appropriation act, an institutional partnership performance agreement (agreement) that advances the objectives of the Virginia Higher Education Opportunity Act of 2011 by aligning the strategies, activities, and investments of the institution, the Commonwealth, and any identified partners concerning (i) college access, affordability, cost predictability, and employment pathways for undergraduate Virginia students and (ii) strategic talent development and other high-priority economic initiatives of the Commonwealth. The bill contains provisions relating to mandatory and permissive contents of, the approval process for, and the legal effect of any such agreement.
A BILL to amend and reenact § 23.1-306 of the Code of Virginia and to amend the Code of Virginia by adding in Article 2 of Chapter 9 of Title 23.1 a section numbered 23.1-903.4, relating to public institutions of higher education; innovation.19102480D
Patron: Norment
Income tax; refunds. Entitles an individual to a tax refund equal to $150, or $300 for married persons filing a joint return. An individual will only be eligible for the credit if his tax liability after the application of deductions, subtractions, and credits exceeds $150, or for married persons filing jointly if their tax liability exceeds $300. The refund would apply to taxable years beginning on and after January 1, 2018, but before January 1, 2026. The bill contains an emergency clause.
A BILL to amend and reenact § 58.1-309 of the Code of Virginia, relating to income tax; refunds.19101107D
EMERGENCY
Patron: Dunnavant
Virginia income tax; emergency. Advances conformity of the Commonwealth's tax code with the federal tax code to December 31, 2018, starting with taxable year 2018. The bill increases, starting with taxable year 2018, the amount of the standard deduction (i) from $3,000 to $6,000 for an individual or for married persons filing separately and (ii) from $6,000 to $12,000 for married persons filing jointly. Starting in 2019, the bill adjusts Virginia's standard deduction by the percentage increase in the Chained Consumer Price Index for All Urban Consumers (C-CPI-U) for the previous taxable year. In taxable year 2026, the standard deduction would return to $3,000 for an individual or a married person filing jointly and $6,000 for married persons filing jointly, coincident with the expiration of the individual income tax provisions of the federal Tax Cuts and Jobs Act (TCJA). Beginning in taxable year 2020, the individual tax brackets and the personal deductions will also be adjusted by the percentage increase of the C-CPI-U for the previous taxable year.
The bill reduces the corporate income tax from its current rate of six percent to five and one-half percent in 2018 and to five percent in 2019 and subsequent years and establishes subtractions from Virginia corporate taxable income for the amount of global intangible low-taxed income that is included in federal taxable income and the amount of business interest that is disallowed as a deduction from federal taxable income.
The bill provides that any additional revenues generated by the TCJA, beyond those revenues necessary to offset the reduction in revenues resulting from the provisions of the bill, shall be transferred to the Tax Policy Fund, created by the bill, to be used to provide tax reform to Virginia taxpayers starting in fiscal year 2020. The bill contains an emergency clause.
A BILL to amend and reenact §§ 58.1-301, 58.1-320, 58.1-322.03, 58.1-400, and 58.1-402 of the Code of Virginia, relating to Virginia income tax; emergency.19100948D
EMERGENCY
Patron: Boysko
Use of force; data collection and reporting requirement. Requires the Department of State Police to include information regarding the use of force by a state or local law-enforcement officer in the annual Crime in Virginia report when the use of force involves (i) a fatality to a civilian; (ii) serious bodily injury to a civilian; or (iii) in the absence of either death or serious injury, a discharged firearm by a state or local law-enforcement officer at or in the direction of a person. The bill specifies information required to be included in such incident report. The bill subjects the Department of Corrections and administrators of local correctional facilities and regional jails to similar reporting requirements.
A BILL to amend the Code of Virginia by adding sections numbered 52-28.3, 53.1-29.1, and 53.1-124.1, relating to use of force; data collection and reporting requirement.19104536D
Patron: Howell
Research and development in the Commonwealth. Creates the Partnership for Innovation and Entrepreneurship Authority (the Partnership) to oversee and support research and commercialization in the Commonwealth. The Partnership will be advised by an Investment Advisory Committee, an Entrepreneurship Advisory Committee, and a Research Advisory Committee. Existing grant, loan, and investment funds currently administered by the Innovation and Entrepreneurship Investment Authority and the Virginia Research Investment Committee would be consolidated under the Partnership. The bill repeals the existing Virginia Research Investment Committee.
A BILL to amend and reenact §§ 2.2-204, 2.2-2219, 2.2-2220, 2.2-2221, 2.2-2221.1, 2.2-3705.6, 2.2-3711, 23.1-203, and 51.1-124.38 of the Code of Virginia, to amend the Code of Virginia by adding in Chapter 22 of Title 2.2 an article numbered 11, consisting of sections numbered 2.2-2351 through 2.2-2365, and to repeal §§ 2.2-2220.1, 2.2-2233.1, and Article 8 of Chapter 31 of Title 23.1, consisting of sections numbered 23.1-3130 through 23.1-3134, relating to research and development in the Commonwealth.19100870D
Patron: McDougle
Taxpayer relief income tax credit. Creates a nonrefundable tax credit of $250 for individuals and $500 for married persons filing a joint return. The credit is available for taxable years 2018 through 2025 and is available only to taxpayers who elected to take the standard deduction on their federal tax returns. The bill contains an emergency clause.
A BILL to amend the Code of Virginia by adding in Article 3 of Chapter 3 of Title 58.1 a section numbered 58.1-339.13, relating to income tax credit; taxpayer relief individual income tax credit; emergency.19101227D
EMERGENCY
Patron: Stanley
Baccalaureate public institutions of higher education; fixed four-year tuition rate. Requires the governing board of each baccalaureate public institution of higher education to prospectively fix the cost of tuition for incoming freshman Virginia students for four consecutive years, subject to eligibility conditions, beginning with the 2021-2022 academic year. The bill also provides that such institutions may additionally offer a variable in-state tuition rate as an option for such eligible students. The bill exempts the governing board of any such institution that maintains an undergraduate student population composed of at least 80 percent Virginia students from the requirement to establish a four-year fixed tuition rate.
A BILL to amend and reenact §§ 23.1-307 and 23.1-1301 of the Code of Virginia, relating to baccalaureate public institutions of higher education; fixed four-year tuition rate.19103748D
Patron: Reeves
Alcoholic beverage control; Sunday store hours; distiller commission. Requires the Alcoholic Beverage Control Authority to pay a distiller who operates a government store on the distiller's licensed premises a commission of not less than 20 percent of the retail price of any goods sold. The bill also allows certain government stores, as determined by the Board of Directors of the Alcoholic Beverage Control Authority, to be open on Sundays for the sale of alcoholic beverages after 10:00 a.m; under current law, such stores may be open on Sundays for the sale of alcoholic beverages after 1:00 p.m.
A BILL to amend and reenact §§ 4.1-119 and 4.1-120 of the Code of Virginia, relating to alcoholic beverage control; Sunday store hours; distiller commission.19104334D
Patron: Vogel
Sex Trafficking Response Coordinator; duties; report. Creates, within the Department of Criminal Justice Services, a Sex Trafficking Response Coordinator (the Coordinator) who shall (i) create a statewide plan for local and state agencies to identify and respond to victims of sex trafficking; (ii) coordinate the development of standards and guidelines for treatment programs for victims of sex trafficking; (iii) maintain a list of programs that provide treatment or specialized services to victims of sex trafficking and make such list available to law-enforcement agencies, attorneys for the Commonwealth, crime victim and witness assistance programs, the Department of Juvenile Justice, the Department of Social Services, the Department of Education, and school divisions; (iv) oversee the development of a curriculum to be completed by persons convicted of solicitation of prostitution; and (v) promote strategies for the awareness of sex trafficking, for education and training related to sex trafficking, and for the reduction of demand for commercial sex. The bill requires the Coordinator to report annually to the Governor and the General Assembly and include a summary of activities for the year and any recommendations to address sex trafficking within the Commonwealth. This bill is a recommendation of the Virginia State Crime Commission.
A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 1 of Title 9.1 a section numbered 9.1-116.4, relating to Sex Trafficking Response Coordinator; duties; report.19104154D
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 a 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.19103852D
Patron: Mason
Department of General Services; surplus property; opportunity for economic development entities to purchase prior to public sale. Provides that prior to offering surplus property for sale to the public, the Department of General Services (the Department) shall notify the chief administrative officer of the locality within which the property is located as well as any economic development entity for such locality of the pending disposition of such property and provide such chief administrative officer and economic development entity an opportunity to hold, for a period of not more than five years, the option to purchase such property for use with a bona fide economic development activity. The bill provides that if the option is exercised, the price at which the property is sold shall be the fair market value of the property or any other reasonable price that is agreed to by the parties. The bill provides that if no chief administrative officer or local economic development entity expresses an interest in holding such an option, the Department may proceed with disposing of the property as provided by law. The bill contains technical amendments.
A BILL to amend and reenact §§ 2.2-1130, 2.2-1153, 2.2-1156, 2.2-1157, 10.1-1122, and 36-139.1 of the Code of Virginia, relating to the Department of General Services; surplus property; opportunity for economic development entities to purchase prior to public sale.19103959D
Patron: Ruff
Virginia Public Procurement Act; public institutions of higher education; disclosure required by certain offerors. Requires every offeror who submits a proposal to a public institution of higher education for any construction project that (i) has a total cost of $5 million or more and (ii) uses a procurement method other than competitive sealed bidding to disclose any contributions the offeror has made to the public institution of higher education or any private foundation that exists solely to support the public institution of higher education within the previous five-year period.
A BILL to amend and reenact § 23.1-1017 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-4376.2, relating to the Virginia Public Procurement Act; public institutions of higher education; disclosure required by certain offerors.19103981D
Patron: Vogel
Health insurance; coverage for autism spectrum disorder. Requires health insurers, health care subscription plans, and health maintenance organizations to provide coverage for the diagnosis and treatment of autism spectrum disorder in individuals through age 18. Currently, such coverage is required to be provided for individuals from age two through age 10. The provision applies with respect to insurance policies, subscription contracts, and health care plans delivered, issued for delivery, reissued, or extended on or after January 1, 2020.
A BILL to amend and reenact § 38.2-3418.17 of the Code of Virginia, relating to health insurance; coverage for autism spectrum disorder.19104506D
Patron: Chafin
Corporate income tax subtraction; business interest. Establishes a subtraction from a corporation's Virginia taxable income for the amount of business interest that is disallowed as a deduction from federal taxable income by § 163(j) of the Internal Revenue Code.
A BILL to amend and reenact § 58.1-402 of the Code of Virginia, relating to corporate income tax subtraction; business interest.19104389D
Patron: Chafin
Corporate income tax subtraction; Global Intangible Low-Taxed Income. Establishes a subtraction in computing Virginia taxable income for the amount of Global Intangible Low-Taxed Income that is included in a corporation's federal taxable income.
A BILL to amend and reenact § 58.1-402 of the Code of Virginia, relating to corporate income tax subtraction; Global Intangible Low-Taxed Income.19104390D
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 2 of Chapter 9 of Title 22.1 a section numbered 22.1-141.1, relating to the establishment of the Public School Assistance Fund and Program.19104420D
Patron: Suetterlein
Library of Virginia; disposition of official correspondence of the Governor. Requires the Library of Virginia to catalogue and make accessible to the public all correspondence and other records required to be delivered by an outgoing Governor within one year of the delivery of such correspondence and records.
A BILL to amend and reenact § 2.2-126 of the Code of Virginia, relating to the Library of Virginia; disposition of official correspondence of the Governor.19104437D
Patron: Peake
Alcoholic beverage control; distiller licensees; commissions and fees. Requires the Board of Directors of the Virginia Alcoholic Beverage Control Authority to pay a licensed distiller a commission of 25 percent of the retail price of any spirits sold by the distiller at a government store on his licensed premises. The bill provides that monthly revenue transfers resulting from such sales (i) may be submitted electronically and through other methods approved by the Board and (ii) shall be limited to the amount due to the Board in applicable taxes and markups. The bill prohibits the Board from (a) imposing a markup on spirits sold during an organized tasting event, provided that such spirits are manufactured on the licensed premises or on contiguous premises of the licensed distillery conducting such tasting event, or (b) charging a case fee for moving spirits to the tasting area of a government store established on the premises of a licensed distillery when such spirits are moved by employees of the licensed distiller.
A BILL to amend and reenact §§ 4.1-119 and 4.1-235 of the Code of Virginia, relating to alcoholic beverage control; distiller licensees; commissions and fees.19104621D
Patron: Newman
Income tax; emergency. Advances conformity of the Commonwealth's tax code with the federal tax code to December 31, 2018, including conformity to the federal Tax Cuts and Jobs Act. The bill also directs any revenues collected by the Commonwealth as a result of the policy changes in the Tax Cuts and Jobs Act be deposited into the Taxpayer Relief Fund, created by the bill. The Department of Taxation is directed to issue refunds on a pro rata basis to taxpayers who filed returns in the immediately preceding taxable year based on the amount of revenues deposited in the Fund. The revenue collection and refund would remain in place through taxable year 2026, the year the individual taxpayer changes in the Tax Cuts and Jobs Act are set to expire. The bill contains an emergency clause.
A BILL to amend and reenact § 58.1-301 of the Code of Virginia, relating to income tax; emergency.19104584D
EMERGENCY
Patron: Chase
Coal ash management. Prohibits the construction of any landfill or impoundment for the storage of coal combustion residuals located in the Chesapeake Bay watershed, defined in the bill as a CCR unit, beginning July 1, 2020, and requires the closure of all existing CCR units by 2023.
The bill requires the owner of a CCR unit to meet detailed requirements and timelines regarding (i) the submission of closure plans to the Department of Environmental Quality (the Department); (ii) the review and approval of such plans by the Department, and the further approval of such plans by the Virginia Waste Management Board (the Board); (iii) the monitoring, assessment, and restoration of groundwater, including the submission and approval by the Department of plans for assessment and corrective action, the implementation of a restoration plan, and the monitoring of wells; (iv) the identification, assessment, and correction of unpermitted discharges, including the submission and approval by the Department of plans for discharge assessment and corrective action; (v) and the submission of quarterly reports to the Department, reports to General Assembly members who have CCR units in their districts, and other reports. The bill authorizes the Board to establish a regulatory fee to pay the expenses of the Board and the Department in providing CCR oversight.
The bill directs each owner of CCR to identify, by 2020, two or more CCR units that contain CCR that is suitable for recycling as supplementary cementitious material in concrete. The bill directs the Department to require the owner of such CCR units to enter into contracts to supply at least 600,000 tons of coal ash per year from such CCR units to a CCR beneficiation plant, and to install and operate such a plant. The bill requires the operation of the plant to begin within two years of the issuance of the final permit required.
A BILL to amend the Code of Virginia by adding in Chapter 3.1 of Title 62.1 an article numbered 2.7, consisting of sections numbered 62.1-44.15:85 through 62.1-44.15:91, relating to Coal Ash Management.19103918D
Patron: Wagner
Virginia taxable income; standard deduction. Increases the standard deduction to $4,000 for individuals and $8,000 for married persons filing joint returns for taxable year 2018. The bill contains an emergency clause.
A BILL to amend and reenact § 58.1-322.03 of the Code of Virginia, relating to Virginia taxable income; standard deduction.19104625D
EMERGENCY
Patron: Hanger
State share for basic aid; duration of certain agreements. Provides that certain cost-savings agreements between school divisions will remain in effect until terminated by the school divisions. Under current law, such agreements are valid for a period of 15 years.
A BILL to amend and reenact § 22.1-98.2 of the Code of Virginia, relating to state share for basic aid; duration of certain cost-savings agreements.19100984D