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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
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Developed and maintained by the Division of Legislative Automated Systems.
2020 SESSION
Chair: Mamie E. Locke
Clerk: Susan Clarke Schaar, H. Lehman
Staff: Amigo Wade, Lily Jones
Date of Meeting: January 31, 2020
Time and Place: 10 AM / Senate Room 3, The Capitol
Patron: Favola
Department of Medical Assistance Services; study; Personal Maintenance Allowance and impact on employment. Directs the Department of Medical Assistance Services to establish a work group to evaluate the current Personal Maintenance Allowance amount for individuals receiving Medicaid-funded waiver services and the impact of the current Personal Maintenance Allowance amount and other income limits on the ability of Medicaid waiver service recipients to engage in meaningful work and establish and maintain independence. The work group shall report its findings and conclusions to the Governor, the General Assembly, and the Chairman of the Joint Commission on Health Care by November 1, 2020.
Patron: Dunnavant
JLARC; association health plans for the individual market; review. Directs the Joint Legislative Audit and Review Commission (JLARC), as part of its review and evaluation of the agencies and programs under the Secretary of Health and Human Services, to examine and review the implications of the establishment, implementation, and administration of a program, to be known as the Commonwealth Care Health Benefits Program (the Program), under which a division of the State Corporation Commission (the Commission), or nonprofit corporation established by the Commission, will be the sponsor of association health plans through which it will sell individual health insurance coverage in the Commonwealth. The bill provides that JLARC shall request and consider information and input from the Commission's Bureau of Insurance and the Secretary of Health and Human Resources. The bill provides that elements of the Program to be reviewed and examined by JLARC shall include the following: (i) implementation of the Program would be contingent on the approval of the U.S. Secretary of Health and Human Services of a state innovation waiver under § 1332 of the Affordable Care Act (ACA); (ii) the Commission will retain staff sufficient to establish and implement the Program; (iii) the Program will arrange for a number of third-party administrators, sufficient to ensure competition but in no event fewer than two; (iv) the Program will design and implement health plans that are comparable those currently sold through the federal exchange; (v) the covered benefits provided under a plan offered through the Program would provide coverage that a large group plan or association health plan subject to the federal Employee Retirement Income Security Act of 1974 (ERISA) is required to provide so long as one or more health plans provide additional benefits as may be required to provide coverage that is at least as comprehensive and affordable as plans currently offered on the exchange pursuant to the ACA or otherwise to comply with the Guardrail requirements of the ACA; (vi) the Program will address the establishment of a reinsurance program; (vii) health plan premiums for individuals with a household income between 100 percent and 400 percent of the federal poverty level would be subsidized; (viii) the Program will offer a cost-sharing reduction feature that removes disincentives to Program participation by low-income individuals who are enrolled in the Medicaid program; (ix) individuals will still be able to purchase individual health insurance coverage outside of the Program; (x) premiums for the plans offered through the Program will be set by the third-party administrators, subject to approval by the Commission with assistance of qualified actuaries; (xi) the Program would be designed and operated in order to ensure that any shortfall in revenues is addressed by the reinsurance program and by self-funding a reserve that is determined by the Corporation's actuary to be adequate, and (xii) the Program will include premium incentives for compliance with wellness or chronic disease management benefit programs. The bill requires JLARC to report its findings and conclusions to the Joint Committee for Health and Human Resources Oversight.
Patron: Dunnavant
Virginia Data Commission; report. Establishes the Virginia Data Commission as a permanent legislative commission. The Commission will study, report, and make recommendations on all areas of data governance and analytics in the Commonwealth to ensure that Virginia is a national leader in data-driven policy and evidence-based decision making. The Commission will develop standards, guidelines, and best practices related to data and will seek to coordinate agency efforts to prevent duplication of data and efforts. The Commission will report annually to the Governor and the General Assembly.
Patron: Hashmi
Virginia Revolutionary 250 Commission; report. Establishes the Virginia Revolutionary 250 Commission to plan, develop, and perform programs and activities to commemorate the 250th anniversary of the American Revolution, the Revolutionary War, and the independence of the United States. The bill has an expiration date of July 1, 2027.
Patron: Favola
Study; VDACS; sources, scale, and prevention of food waste in the Commonwealth; report. Directs the Virginia Department of Agriculture and Consumer Services (the Department) to study, in consultation with the Department of Environmental Quality and stakeholders, the sources, scale, and prevention of food waste in the Commonwealth. In conducting its study, the Department shall (i) assess the total annual statewide rate of preventable food waste received by landfills within the Commonwealth; (ii) identify the industry sectors within the Commonwealth that contribute to preventable food waste, and determine their rate of contribution to such waste; (iii) identify alternative uses of food that is wasted; and (iv) recommend policies to reduce the annual rate of preventable food waste in the Commonwealth with data-driven reduction targets and timelines, including food donation requirements for certain food waste from grocery stores and restaurants.
Patron: Lucas
Commission for Historical Statues in the United States Capitol; removal of Robert E. Lee statue from National Statuary Hall Collection. Creates the Commission for Historical Statues in the United States Capitol to provide for the removal of the Robert E. Lee statue in the National Statuary Hall Collection at the United States Capitol and to recommend to the General Assembly as a replacement a statue of a prominent Virginia citizen of historic renown or renowned for distinguished civil or military service to be commemorated in the National Statuary Hall Collection.
The Commission will consist of six members appointed as follows: one member of the House of Delegates appointed by the Speaker of the House of Delegates; one member of the Senate appointed by the Senate Committee on Rules; two nonlegislative citizen members who are Virginia or American historians appointed by the Governor; one nonlegislative citizen member appointed upon the vote of the Commission members appointed by the Speaker, the Senate Committee on Rules, and the Governor; and the Director of the Department of Historic Resources, who serves ex officio with nonvoting privileges. The Department of Historic Resources will provide staff support to the Commission.
The Commission will also be required to (i) select a sculptor for the new statue, with preference given to a sculptor from Virginia; (ii) estimate the costs associated with the replacement of the Robert E. Lee statue, including costs related to construction and placement of the new statue, for the removal and transfer of the Robert E. Lee statue, and for any unveiling ceremony of the new statue; and (iii) recommend to the General Assembly a suitable state, local, or private nonprofit history museum in the Commonwealth for placement of the Robert E. Lee statue.
The bill requires the Commission to hold at least one public hearing prior to making any recommendation to the General Assembly on a new statue and requires the costs of the Commission's work to be borne by the Commission from such private funds as are collected by the Commission and general funds as are appropriated by the General Assembly.
Patron: Mason
Eastern Virginia Groundwater Management Advisory Committee established. Indefinitely re-establishes the Eastern Virginia Groundwater Management Advisory Committee, which expired on January 1, 2018, to assist the Department of Environmental Quality and the State Water Commission in developing, revising, and implementing a management strategy for groundwater in the Eastern Virginia Groundwater Management Area.
Patron: McClellan
Virginia Revolutionary 250 Commission; report. Establishes the Virginia Revolutionary 250 Commission to plan, develop, and perform programs and activities to commemorate the 250th anniversary of the American Revolution, the Revolutionary War, and the independence of the United States. The bill has an expiration date of July 1, 2027.
Patron: Deeds
Secretaries of Education and Health and Human Resources; work group; process for approval of residential psychiatric placement and services; report. Directs the Secretaries of Education and Health and Human Resources to establish a work group to study the current process for approval of residential psychiatric services for children and adolescents and requires the work group to report its findings and recommendations to the Chairmen of the House Committee on Appropriations, the Senate Committee on Finance, and the Joint Subcommittee to Study Mental Health Services in the Commonwealth in the 21st Century by December 1, 2020.
Patron: Barker
DBHDS; work group to study expanding the category of individuals who may conduct evaluations for temporary detention; report. Directs the Commissioner of the Department of Behavioral Health and Developmental Services to establish a work group to (i) review the current process for conducting evaluations of persons who are subject to emergency custody orders to determine whether they meet the criteria for temporary detention, including any challenges or barriers to timely completion of such evaluations and factors giving rise to delays in completion of such evaluations, and (ii) develop a comprehensive plan to expand the categories of individuals who may conduct evaluations of persons who are subject to emergency custody orders to determine whether they meet the criteria for temporary detention in order to expedite the evaluation process. The work group shall report its findings and conclusions and the comprehensive plan to the Governor and the Chairmen of the House Committee on Health, Welfare, and Institutions, Senate Committee on Education and Health, and Joint Subcommittee to Study Mental Health Services in the Commonwealth in the 21st Century by December 1, 2020.
Patron: Lewis
Department of Education and Department of Environmental Quality; sixth grade science curriculum. Directs the Department of Education to coordinate with the Department of Environmental Quality to update the "Window into a Green Virginia" curriculum developed by the Departments for sixth grade science to include a unit on the benefits, including the energy benefits, of recycling and reuse.
Patron: McClellan
Commission on School Construction and Modernization established; report. Establishes the Commission on School Construction and Modernization for the purpose of providing guidance and resources to local school divisions related to school construction and modernization and making funding recommendations to the General Assembly and the Governor. The bill has a sunset date of July 1, 2026, with a provision that if the Commission does not receive funding in the appropriation act after its first year, it will sunset on July 1 of the following year.
Patron: Chafin
Department of Education; behavioral assessments and interventions. Directs the Department of Education to review and revise the Guidelines for Conducting Functional Behavioral Assessment and Developing Positive Behavior Intervention Supports and Strategies to align with research-based behavior science and best practices for functional behavior analysis. The bill also requires the Department to review and revise the content of the in-depth training provided to local school divisions on conducting functional behavioral analysis and developing quality behavior intervention plans.
Patron: Deeds
Department of Conservation and Recreation; public incorporation of the Virginia Horse Center Foundation. Directs the Department of Conservation and Recreation to investigate and negotiate incorporation of the Virginia Horse Center Foundation as a publicly owned and operated entity. The bill prohibits expenditure of state funds for the purchase, transfer, or lease of real property related to the incorporation unless specifically appropriated for that purpose or approved by the General Assembly.
Patron: Petersen
Virginia Higher Education Funding Review Commission established; duties. Directs the Secretary of Education to convene the Virginia Higher Education Funding Review Commission as an advisory commission to provide advice and make recommendations on higher education costs, funding needs, and appropriations in Virginia, as specified in the bill, with the Secretary of Education serving ex officio without voting privileges. The bill directs the Commission to consult with national and state policy experts and institutional innovators in other states and consider trends in the implementation of various outcomes-based funding models and to account for institutional differences. The Commission shall also seek input from within the Commonwealth, including industry leaders, consumer advocacy groups, and representatives of public doctoral institutions, comprehensive institutions, and comprehensive community colleges. The Commission shall submit a preliminary report and any related recommendations to the Governor and the Chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations by November 1, 2020, with a final report by July 1, 2021.
Patron: Marsden
Study; JLARC; reinstatement of discretionary parole; report. Directs the Joint Legislative Audit and Review Commission to study the reinstatement of discretionary parole, which was abolished in 1995.
Patron: Locke
Study; Department of Education to study teacher licensing process; report. Requests the Department of Education to study the teacher licensure process and the assessment requirements therein for any inherent biases that may prevent minority teacher candidates from entering the profession.
Patron: Reeves
Study; JLARC; feasibility of adjusting the composite index of local ability to pay; report. Requires the Joint Legislative Audit and Review Commission to study the feasibility of adjusting the composite index of local ability to pay by (i) reviewing current statutory, constitutional, and budgetary provisions governing the calculation of Standards of Quality costs and funding; (ii) examining the components of the composite index of local ability to pay; (iii) evaluating other states' public school funding formulas; (iv) hearing local concerns and seeking input from various state and national experts, as applicable; and (v) determining the feasibility of reducing the local share under the Local Composite Index (LCI) in school divisions in which the locality is determined to have above-average fiscal stress or high fiscal stress by the Virginia Commission on Local Government in its most recent "Report on the Comparative Revenue Capacity, Revenue Effort, and Fiscal Stress of Virginia Counties and Cities."
Patron: Edwards
Study; barrier crimes and criminal history records checks; report. Establishes a joint subcommittee to study the Commonwealth's requirements related to barrier crimes and criminal history records checks. The resolution directs the joint subcommittee to, in conducting its study, develop recommendations related to (i) whether statutory provisions related to criminal history records checks, barrier crimes, and barrier crime exceptions should be reorganized and consolidated into a central location in the Code of Virginia; (ii) whether certain crimes should be removed from the list of barrier crimes; (iii) whether barrier crime exceptions and waiver processes should be broadened; (iv) whether the required amount of time that must lapse after conviction of certain barrier crimes should be shortened; and (v) other changes that could be made to criminal history records check and barrier crimes requirements that would improve the organization, effectiveness, and fairness of such provisions.
Patron: Cosgrove
Study; JCOTS; safety, quality of life, and economic consequences of weather and climate-related events on coastal areas in Virginia; report. Directs the Joint Commission on Technology and Science (JCOTS) to study the safety, quality of life, and economic consequences of weather and climate-related events on coastal areas in Virginia. In conducting its study, JCOTS shall examine (i) the negative impacts of weather, and geological and climate-related events, including displacement, economic loss, and damage to health or infrastructure; (ii) the area or areas and the number of citizens affected by such impacts; (iii) the frequency or probability and the time dimensions, including near-term, medium-term, and long-term probabilities of such impacts; (iv) alternative actions available to remedy or mitigate such impacts and their expected cost; (v) the degree of certainty that each of these impacts and alternative actions may reliably be known; and (vi) the technical resources available, either in state or otherwise, to effect such alternative actions and improve our knowledge of their effectiveness and cost.
Patron: Edwards
Study; Virginia State Crime Commission; effect of abolishing jury sentencing on the justice system; report. Directs the Virginia State Crime Commission to (i) identify the most common charges tried before juries within the Commonwealth and determine the average sentence per charge as recommended by a jury; (ii) compare the jury-recommended sentence to the average sentence for each identified charge, factoring in alternative sentences and suspended time, as determined by a judge during a bench trial; (iii) identify any perceived negative impacts to the judicial system associated with abolishing the practice of jury sentencing and make recommendations as to how these potential negative impacts could be avoided; and (iv) determine the feasibility of abolishing jury sentencing for noncapital offenses within the Commonwealth.
Patron: Hanger
Study; joint subcommittee to study issues related to firearms and safety in the Commonwealth; report. Establishes a two-year joint subcommittee to study numerous issues related to firearms, firearms safety, violence, and Second Amendment rights. The resolution directs the joint subcommittee to file an interim report after November 2020 and a final report after November 2021.
Patron: Lewis
Study; DEQ; revised priority ranking criteria for grants from the Stormwater Local Assistance Fund to include reduction of nitrogen pollution; report. Directs the Department of Environmental Quality (DEQ) (the Department) to study revised priority ranking criteria for grants from the Stormwater Local Assistance Fund (the Fund) to include reduction of nitrogen pollution and report its findings and recommendations for publication as a House or Senate document. In conducting its study, the Department shall (i) analyze the benefits and costs of nitrogen pollution reduction in Virginia's waters and compare to the benefits and costs of reductions in phosphorous pollution, and (ii) determine comparable criteria to award grants from the Fund based on nitrogen reductions and revise the Fund's award criteria accordingly.
Patron: Lewis
Study; JLARC; costs of education; report. Directs the Joint Legislative Audit and Review Commission to study the true cost of education in the Commonwealth and provide an accurate assessment of the costs to implement the Standards of Quality.
Patron: Ebbin
Study; Joint Subcommittee to Study the Development of a Framework for Regulated Adult-Use of Cannabis and Medical Cannabis; report. Establishes the Joint Subcommittee to Study the Development of a Framework for Regulated Adult-Use of Cannabis and Medical Cannabis (Joint Subcommittee). The bill requires the Joint Subcommittee to (i) study and provide guidance on the potential creation of a Cannabis Control Commission to oversee licensing and regulation of industrial hemp, medical cannabis, and adult-use of cannabis; (ii) provide regulatory guidance on potential tax rates and revenue forecasts for retail and wholesale products; (iii) study and make recommendations regarding the issuance of initial cultivation and retail licenses; (iv) develop and recommend a fee structure and grandfathering process for current pharmaceutical processors; (v) study and recommend potential marijuana advertising regulations; (vi) study and determine appropriate public consumption venues and personal cultivation allowances; (vii) study funding and processing requirements for expungement of criminal records and rights restoration related to marijuana decriminalization; (viii) study and recommend methods for diversifying ownership of the marijuana market; (ix) assess the California, Massachusetts, and Illinois marijuana programs and their effectiveness in transferring economic prosperity to disproportionately affected areas; (x) study the potential development of a community reinvestment fund; and (xi) review and analyze National Highway Traffic Safety Administration studies on marijuana-related impairment.
Patron: McClellan
Study; JLARC; legalization and regulation of growth, sale and possession of marijuana; redress impacts of marijuana prohibition; report.
Patron: Norment
Study; Virginia Center for School and Campus Safety; firearm safety education in the Commonwealth's public schools; report. Requests the Virginia Center for School and Campus Safety, in collaboration with the Department of Education, to study, develop, and recommend best practices for firearm safety education in the Commonwealth's public schools.
Patron: Dunnavant
Study; JCOTS to study consumer data privacy in the Commonwealth; report.