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ACROSS SESSIONS

Subject Index: Since 1995
Bills & Resolutions: Since 1994
Summaries: Since 1994

Developed and maintained by the Division of Legislative Automated Systems.

2021 SPECIAL SESSION II

print version

(SB7001)

AMENDMENT(S) REJECTED BY THE SENATE

SEN. RUFF

1. Line 46, introduced, after at

strike

$3,141,030,631

insert

$3,146,330,631

SEN. RUFF

2. After line 273, introduced

insert

2) $5,300,000 to the Virginia Department of Health (601) to be provided to Halifax County for the provision of a public water main to the Virginia International Raceway.

Explanation: This amendment provides $5.3 million to the Department of Health to transfer to Halifax County for the construction of a main water line to Virginia International Raceway (VIR). VIR is a financial contributor to businesses and employment opportunities in the area. As well as stabilizing VIR’s current precarious water situation for long term regional benefits, the water line would provide growth opportunities along the corridor it traverses on the way to VIR.

SEN. HACKWORTH

9. Line 46, introduced, after at

strike

$3,141,030,631

insert

$3,141,500,631

SEN. HACKWORTH

10. After line 189, introduced

insert

5) $470,000 to the Virginia Tourism Authority (320) to support COVID recovery and maintenance of the Spearhead Trails.

Explanation: This amendment would appropriate $470,000 from the ARPA State and Local Recovery Fund for the Spearhead Trails. Proposed funding would include $100,000 to purchase 6 new side-by-sides ($16,000 each) to monitor 600 miles of trail; $150,000 for the STAR Center (Spearhead Trails Activity/Recreation) to cover material cost overruns experienced due to COVID; $20,000 for revenue replacement for April 5-May 31, 2020, as a result of mandatory closing; $50,000 to hire a marketing/tourism coordinator to implement a new Post-COVID Recovery Plan; $50,000 for marketing tourism/outdoor recreation ventures; and $100,000 for trail maintenance and recovery to reopen existing trails.

SEN. REEVES

11. Line 46, introduced, after at

strike

$3,141,030,631

insert

$3,164,130,631

SEN. REEVES

12. Line 460, introduced, after b)

insert

$23,100,000 to the Department to implement a new compensation plan for sworn, law-enforcement positions that addresses recruitment of new officers, retention of the existing law-enforcement workforce, and pay compression among the various levels of the sworn, law-enforcement positions in the department. It is the intent of the General Assembly that such funding be supported through general fund appropriations in future budgets.

SEN. REEVES

13. Line 484, introduced, after above,

strike

$353,871,958

insert

$333,871,958

SEN. REEVES

14. Line 581, introduced, after 5)

strike

a), the remainder of line 581, all of lines 582-585, and through b) on line 586

Explanation: Moves from the next biennium to the current fiscal year, and increases from $20 million to $23.1 million, funds for the Department of State to address recruitment, retention, and pay suppression issues for sworn law-enforcement officers.

SEN. PETERSEN (WITHDRAWN)

16. After line 1078, introduced

insert

27. That within 30 days of the effective date of this act, each state agency shall require its employees to return to work in-person unless it can be established that (i) the employee cannot safely return to work due to a physical or medical condition, or (ii) the employee can perform their job function at the same level and with the same accountability from a remote location.

Explanation: This amendment directs every state agency to require its employees to return to work in person within 30 days of the passage of the bill, unless there is a physical or medical reason for not safely returning to work, or they can accountably perform their job at the same level remotely.

SEN. PETERSEN (WITHDRAWN)

17. Line 966, introduced, after f.

insert

Notwithstanding any other provision of the Budget Bill, no provision passed herein shall impair the private contractual rights of an individual property owner who leases four or fewer residential properties and otherwise is in compliance with the laws of this Commonwealth.

SEN. PETERSEN (WITHDRAWN)

18. Line 1075, introduced, after paragraph

strike

insert

Explanation: This amendment provides that the provisions of the Budget Bill shall not impair the private contractual rights of an individual property owner who leases four or fewer residential properties.

SEN. HACKWORTH

26. Line 46, introduced, after at

strike

$3,141,030,631

insert

$3,141,530,631

SEN. HACKWORTH

27. After line 189, introduced

insert

5) $500,000 to the Virginia Department of Transportation (501) for preliminary engineering of the remaining sections of the Coalfields Expressway.

Explanation: This amendment would appropriate $500,000 from the ARPA State and Local Recovery Fund for preliminary engineering work related to the completion of the remaining 44 miles of the Coalfields Expressway in Virginia. The total estimate to complete the Virginia portion of the Coalfields Expressway is approximately $2.6 billion.

SEN. KIGGANS

28. Line 46, introduced, after at

strike

$3,141,030,631

insert

$3,174,065,356

SEN. KIGGANS

29. Line 305, introduced, after system.

insert

8) $33,034,725 to the Department of Behavioral Health and Developmental Services (720) to contract with private hospitals to create additional psychiatric bed capacity for those needing short-term care, which may include partial hospitalization programs (PHPs), crisis stabilization units (CSUs), as well as longer-term investments for much-needed outpatient and step-down services.

Explanation: This amendment provides $33.0 million from federal American Rescue Plan Act funds to support private hospital efforts to create additional psychiatric bed capacity for those needing short-term care, which may include partial hospitalization programs (PHPs), crisis stabilization units (CSUs), as well as longer-term investments for much-needed outpatient and step-down services.

SEN. MCDOUGLE

30. After line 912, introduced

strike

All of lines 913 and 914

Explanation: The proposed budget bill would repeal the requirement that expenditures from the ACT fund are subject to approval by the General Assembly. The amendment would retain the provision.

SEN. MCDOUGLE (OUT OF ORDER)

31. Line 46, introduced, after at

strike

$3,141,030,631

insert

$3,185,270,475

SEN. MCDOUGLE (OUT OF ORDER)

32. Line 431, introduced, after 2)

strike

$11,059,961

insert

$55,299,805

SEN. MCDOUGLE (OUT OF ORDER)

33. Line 431, introduced, after bonus of

strike

$1,000

insert

$5,000

Explanation: This amendment appropriates $55.3 million in ARPA funds in FY 2022 to provide a $5,000 one-time hazard pay bonus for state-supported sworn officers of sheriffs’ departments and regional jails.

SEN. MCDOUGLE (OUT OF ORDER)

34. After line 987, introduced

strike

All of lines 988 through 1037

Explanation: The introduced budget contains an enactment addressing the use of name, image, and likeness by student-athletes. The amendment removes this enactment from the bill.

SEN. MCDOUGLE

35. Line 46, introduced, after at

strike

$3,141,030,631

insert

$3,440,291,395

SEN. MCDOUGLE

36. Line 67, introduced, after 2)

strike

$479,000,000

insert

$778,260,763

Explanation: This amendment would provide $778.3 million from the ARPA State and Local Recovery Fund to support broadband access through the Virginia Telecommunication Initiative (VATI). This amendment, combined with $221.7 million in funding from the ARPA Capital Project Fund, would bring total funding for VATI to $1.0 billion.

SEN. MCDOUGLE

37. After line 916, introduced

strike

All of lines 917 through 971

Explanation: The introduced budget contains provisions protect tenants from eviction. The amendment eliminates these provisions from the bill.

SEN. OBENSHAIN

38. Line 1077, introduced, after eleventh

strike

and

SEN. OBENSHAIN

39. Line 1077, introduced, after thirteenth

insert

, and twenty-seventh

SEN. OBENSHAIN

40. After line 1078, introduced

insert

27. That §§ 24.2-404, as it is currently effective and as it shall become effective, 24.2-411.3, as it is currently effective and as it shall become effective, 24.2-643, as it is currently effective and as it shall become effective, 24.2-653, 24.2-653.01, 24.2-701, and 24.2-701.1 of the Code of Virginia are amended and reenacted as follows:

§ 24.2-404. (Effective until October 1, 2022) Duties of Department of Elections.

A. The Department of Elections shall provide for the continuing operation and maintenance of a central recordkeeping system, the Virginia voter registration system, for all voters registered in the Commonwealth.

In order to operate and maintain the system, the Department shall:

1. Maintain a complete, separate, and accurate record of all registered voters in the Commonwealth.

2. Require the general registrars to enter the names of all registered voters into the system and to change or correct registration records as necessary.

3. Provide to each general registrar (i) voter confirmation documents for newly registered voters and for notice to registered voters on the system of changes and corrections in their registration records and polling places and (ii) voter photo identification cards containing the voter’s photograph and signature for free for those voters who do not have one of the forms of identification specified in subsection B of § 24.2-643. The Department shall promulgate rules and regulations authorizing each general registrar to obtain a photograph and signature of a voter who does not have one of the forms of identification specified in subsection B of § 24.2-643 for the purpose of providing such voter a voter photo identification card containing the voter’s photograph and signature. The Department shall provide each general registrar with the equipment necessary to obtain a voter’s signature and photograph, and no general registrar shall be required to purchase such equipment at his own expense. Photographs and signatures obtained by a general registrar shall be submitted to the Department. The Department may contract with an outside vendor for the production and distribution of voter photo identification cards.

4. Require the general registrars to delete from the record of registered voters the name of any voter who (i) is deceased, (ii) is no longer qualified to vote in the county or city where he is registered due to removal of his residence, (iii) has been convicted of a felony, (iv) has been adjudicated incapacitated, (v) is known not to be a United States citizen by reason of reports from the Department of Motor Vehicles pursuant to § 24.2-410.1 or from the Department of Elections based on information received from the Systematic Alien Verification for Entitlements Program (SAVE Program) pursuant to subsection E, or (vi) is otherwise no longer qualified to vote as may be provided by law. Such action shall be taken no later than 30 days after notification from the Department. The Department shall promptly provide the information referred to in this subdivision, upon receiving it, to general registrars.

5. Retain on the system for four years a separate record for registered voters whose names have been deleted, with the reason for deletion.

6. Retain on the system permanently a separate record for information received regarding deaths, felony convictions, and adjudications of incapacity pursuant to §§ 24.2-408 through 24.2-410.

7. Provide to each general registrar, at least 16 days prior to a general or primary election and three days prior to a special election, an alphabetical list of all registered voters in each precinct or portion of a precinct in which the election is being held in the county, city, or town. These precinct lists shall be used as the official lists of qualified voters and shall constitute the pollbooks. The Department shall provide instructions for the division of the pollbooks and precinct lists into sections to accommodate the efficient processing of voter lines at the polls. Prior to any general, primary, or special election, the Department shall provide any general registrar, upon his request, with a separate electronic list of all registered voters in the registrar’s county or city. If electronic pollbooks are used in the locality or electronic voter registration inquiry devices are used in precincts in the locality, the Department shall provide a regional or statewide list of registered voters to the general registrar of the locality. The Department shall determine whether regional or statewide data is provided. Neither the pollbook nor the regional or statewide list of registered voters shall include the day and month of birth of the voter, but shall include the voter’s year of birth.

8. Acquire by purchase, lease, or contract equipment necessary to execute the duties of the Department.

9. Use any source of information that may assist in carrying out the purposes of this section. All agencies of the Commonwealth shall cooperate with the Department in procuring and exchanging identification information for the purpose of maintaining the voter registration system. The Department may share any information that it receives from another agency of the Commonwealth with any Chief Election Officer of another state for the maintenance of the voter registration system.

10. Cooperate with other states and jurisdictions to develop systems to compare voters, voter history, and voter registration lists to ensure the accuracy of the voter registration rolls, to identify voters whose addresses have changed, to prevent duplication of registration in more than one state or jurisdiction, and to determine eligibility of individuals to vote in Virginia.

11. Reprint and impose a reasonable charge for the sale of any part of Title 24.2, lists of precincts and polling places, statements of election results by precinct, and any other items required of the Department by law. Receipts from such sales shall be credited to the Board for reimbursement of printing expenses.

B. The Department shall be authorized to provide for the production, distribution, and receipt of information and lists through the Virginia voter registration system by any appropriate means including, but not limited to, paper and electronic means. The Virginia Freedom of Information Act (§ 2.2-3700 et seq.) shall not apply to records about individuals maintained in this system.

C. The State Board shall institute procedures to ensure that each requirement of this section is fulfilled. As part of its procedures, the State Board shall provide that the general registrar shall mail notice of any cancellation pursuant to clause (v) of subdivision A 4 to the person whose registration is cancelled.

D. The State Board shall promulgate rules and regulations to ensure the uniform application of the law for determining a person's residence.

E. The Department shall apply to participate in the Systematic Alien Verification for Entitlements Program (SAVE Program) operated by U.S. Citizenship and Immigration Services of the U.S. Department of Homeland Security for the purposes of verifying that voters listed in the Virginia voter registration system are United States citizens. Upon approval of the application, the Department shall enter into any required memorandum of agreement with U.S. Citizenship and Immigration Services. The State Board shall promulgate rules and regulations governing the use of the immigration status and citizenship status information received from the SAVE Program.

F. The Department shall report annually by October 1 for the preceding 12 months ending August 31 to the Committees on Privileges and Elections on each of its activities undertaken to maintain the Virginia voter registration system and the results of those activities. The Department's report shall be governed by the provisions of § 2.2-608 and shall encompass activities undertaken pursuant to subdivisions A 9 and 10 and subsection E and pursuant to §§ 24.2-404.3, 24.2-404.4, 24.2-408, 24.2-409, 24.2-409.1, 24.2-410, 24.2-410.1, 24.2-427, and 24.2-428. This report shall contain the methodology used in gathering and analyzing the data. The Commissioner of Elections shall certify that the data included in the report is accurate and reliable.

§ 24.2-404. (Effective October 1, 2022) Duties of Department of Elections.

In order to operate and maintain the system, the Department shall:

1. Maintain a complete, separate, and accurate record of all registered voters in the Commonwealth. Such system shall automatically register a person who has preregistered pursuant to § 24.2-403.1 upon that person becoming eligible for registration under § 24.2-403 or reaching 18 years of age, whichever comes first.

2. Require the general registrars to enter the names of all registered voters into the system and to change or correct registration records as necessary.

3. Provide to each general registrar (i) voter confirmation documents for newly registered voters, including voters who were automatically registered pursuant to subdivision 1, and for notice to registered voters on the system of changes and corrections in their registration records and polling places and (ii) voter photo identification cards containing the voter’s photograph and signature for free for those voters who do not have one of the forms of identification specified in subsection B of § 24.2-643. The Department shall promulgate rules and regulations authorizing each general registrar to obtain a photograph and signature of a voter who does not have one of the forms of identification specified in subsection B of § 24.2-643 for the purpose of providing such voter a voter photo identification card containing the voter’s photograph and signature. The Department shall provide each general registrar with the equipment necessary to obtain a voter’s signature and photograph, and no general registrar shall be required to purchase such equipment at his own expense. Photographs and signatures obtained by a general registrar shall be submitted to the Department. The Department may contract with an outside vendor for the production and distribution of voter photo identification cards.

5. Retain on the system for four years a separate record for registered voters whose names have been deleted, with the reason for deletion.

6. Retain on the system permanently a separate record for information received regarding deaths, felony convictions, and adjudications of incapacity pursuant to §§ 24.2-408 through 24.2-410.

8. Acquire by purchase, lease, or contract equipment necessary to execute the duties of the Department.

D. The State Board shall promulgate rules and regulations to ensure the uniform application of the law for determining a person's residence.

F. The Department shall report annually by October 1 for the preceding 12 months ending August 31 to the Committees on Privileges and Elections on each of its activities undertaken to maintain the Virginia voter registration system and the results of those activities. The Department’s report shall be governed by the provisions of § 2.2-608 and shall encompass activities undertaken pursuant to subdivisions A 9 and 10 and subsection E and pursuant to §§ 24.2-404.3, 24.2-404.4, 24.2-408, 24.2-409, 24.2-409.1, 24.2-410, 24.2-410.1, 24.2-427, and 24.2-428. This report shall contain the methodology used in gathering and analyzing the data. The Commissioner of Elections shall certify that the data included in the report is accurate and reliable.

§ 24.2-411.3. (Effective until January 1, 2022) Registration of Department of Motor Vehicles customers.

A. Each person coming into an office of the Department of Motor Vehicles or accessing its website in order to (i) apply for, replace, or renew a driver’s license or other document issued under Chapter 3 (§ 46.2-300 et seq.) of Title 46.2 except driver privilege cards or permits issued pursuant to § 46.2-328.3; or (ii) change an address on an existing driver’s license or other document issued under Chapter 3 (§ 46.2-300 et seq.) of Title 46.2 except driver privilege cards or permits issued pursuant to § 46.2-328.3 shall be presented with (a) a question asking whether or not the person is a United States citizen and (b) the option to decline to have his information transmitted to the Department of Elections for voter registration purposes. The citizenship question and option to decline shall be accompanied by a statement that intentionally making a materially false statement during the transaction constitutes election fraud and is punishable under Virginia law as a felony.

The Department of Motor Vehicles may not transmit the information of any person who so declines. The Department of Motor Vehicles may not transmit the information of any person who indicates that he is not a United States citizen, nor may such person be asked any additional questions relevant to voter registration but not relevant to the purpose for which the person came to an office of the Department of Motor Vehicles or accessed its website.

B. For each person who does not select the option to decline to have his information transmitted to the Department of Elections for voter registration purposes and who has identified himself as a United States citizen, the Department of Motor Vehicles shall request any information as may be required by the State Board to ensure that the person meets all voter registration eligibility requirements.

C. The Department of Motor Vehicles shall electronically transmit to the Department of Elections, in accordance with the standards set by the State Board, the information collected pursuant to subsection B for any person who (i) has indicated that he is a United States citizen, (ii) has indicated that he is 17 years of age or older, and (iii) at the time of such transaction did not decline to have his information transmitted to the Department of Elections for voter registration purposes.

D. The Department of Elections shall use the information transmitted to determine whether a person already has a registration record in the voter registration system.

1. For any person who does not yet have a registration record in the voter registration system, the Department of Elections shall transmit the information to the appropriate general registrar. The general registrar shall accept or reject the registration of such person in accordance with the provisions of this chapter.

2. For any person who already has a registration record in the voter registration system, if the information indicates that the voter has moved within the Commonwealth, the Department of Elections shall transmit the information and the registration record to the appropriate general registrar, who shall treat such transmittal as a request for transfer and process it in accordance with the provisions of this chapter.

3. General registrars shall not register any person who does not satisfy all voter eligibility requirements.

E. The Department of Motor Vehicles shall provide assistance as required in providing voter photo identification cards as provided in subdivision A 3 of § 24.2-404.

§ 24.2-411.3. (Effective January 1, 2022) Registration of Department of Motor Vehicles customers.

A. Each person coming into an office of the Department of Motor Vehicles or accessing its website in order to (i) apply for, replace, or renew a driver’s license or other document issued under Chapter 3 (§ 46.2-300 et seq.) of Title 46.2 except driver privilege cards or permits issued pursuant to § 46.2-328.3 or identification privilege cards issued pursuant to § 46.2-345.3; or (ii) change an address on an existing driver’s license or other document issued under Chapter 3 (§ 46.2-300 et seq.) of Title 46.2 except driver privilege cards or permits issued pursuant to § 46.2-328.3 or identification privilege cards issued pursuant to § 46.2-345.3 shall be presented with (a) a question asking whether or not the person is a United States citizen and (b) the option to decline to have his information transmitted to the Department of Elections for voter registration purposes. The citizenship question and option to decline shall be accompanied by a statement that intentionally making a materially false statement during the transaction constitutes election fraud and is punishable under Virginia law as a felony.

D. The Department of Elections shall use the information transmitted to determine whether a person already has a registration record in the voter registration system.

3. General registrars shall not register any person who does not satisfy all voter eligibility requirements.

E. The Department of Motor Vehicles shall provide assistance as required in providing voter photo identification cards as provided in subdivision A 3 of § 24.2-404.

§ 24.2-643. (Effective until January 1, 2022) Qualified voter permitted to vote; procedures at polling place; voter identification.

A. After the polls are open, each qualified voter at a precinct shall be permitted to vote. The officers of election shall ascertain that a person offering to vote is a qualified voter before admitting him to the voting booth and furnishing an official ballot to him.

B. An officer of election shall ask the voter for his full name and current residence address and the voter may give such information orally or in writing. The officer of election shall verify with the voter his full name and address and shall repeat, in a voice audible to party and candidate representatives present, the full name provided by the voter. The officer shall ask the voter to present any one of the following forms of identification: (i) ~~his voter confirmation documents; (ii)~~ his valid Virginia driver’s license, his valid United States passport, or any other identification issued by the Commonwealth, one of its political subdivisions, or the United States, other than a driver privilege card issued under § 46.2-328.3; ~~(iii)~~ (ii) any valid student identification card containing a photograph of the voter and issued by any institution of higher education located in the Commonwealth or any private school located in the Commonwealth; ~~(iv)~~ (iii) any valid student identification card containing a photograph of the voter and issued by any institution of higher education located in any other state or territory of the United States; ~~(v)~~ or (iv) any valid employee identification card containing a photograph of the voter and issued by an employer of the voter in the ordinary course of the employer’s business~~; or (vi) a copy of a current utility bill, bank statement, government check, paycheck, or other government document containing the name and address of the voter~~. The expiration date on a Virginia driver’s license shall not be considered when determining the validity of the driver’s license offered for purposes of this section.

~~Except as provided in subsection E, any~~ Any voter who does not show one of the forms of identification specified in this subsection shall be allowed to vote after signing a statement, subject to felony penalties for false statements pursuant to § 24.2-1016, that he is the named registered voter he claims to be. A voter who requires assistance in voting by reason of a physical disability or an inability to read or write, and who requests assistance pursuant to § 24.2-649, may be assisted in preparation of this statement in accordance with that section. The provisions of § 24.2-649 regarding voters who are unable to sign shall be followed when assisting a voter in completing this statement. A voter who does not show one of the forms of identification specified in this subsection and does not sign this statement shall be offered a provisional ballot under the provisions of § 24.2-653. The State Board of Elections shall provide an ID-ONLY provisional ballot envelope that requires no follow-up action by the registrar or electoral board other than matching submitted identification documents from the voter for the electoral board to make a determination on whether to count the ballot.

If the voter presents one of the forms of identification listed above, if his name is found on the pollbook in a form identical to or substantially similar to the name on the presented form of identification and the name provided by the voter, if he is qualified to vote in the election, and if no objection is made, an officer shall enter, opposite the voter's name on the pollbook, the first or next consecutive number from the voter count form provided by the State Board, or shall enter that the voter has voted if the pollbook is in electronic form; an officer shall provide the voter with the official ballot; and another officer shall admit him to the voting booth. Each voter whose name has been marked on the pollbooks as present to vote and entitled to a ballot shall remain in the presence of the officers of election in the polling place until he has voted. If a line of voters who have been marked on the pollbooks as present to vote forms to await entry to the voting booths, the line shall not be permitted to extend outside of the room containing the voting booths and shall remain under observation by the officers of election.

A voter may be accompanied into the voting booth by his child age 15 or younger.

C. If the current residence address provided by the voter is different from the address shown on the pollbook, the officer of election shall furnish the voter with a change of address form prescribed by the State Board. Upon its completion, the voter shall sign the prescribed form, subject to felony penalties for making false statements pursuant to § 24.2-1016, which the officer of election shall then place in an envelope provided for such forms for transmission to the general registrar who shall then transfer or cancel the registration of such voter pursuant to Chapter 4 (§ 24.2-400 et seq.).

D. At the time the voter is asked his full name and current residence address, the officer of election shall ask any voter for whom the pollbook indicates that an identification number other than a social security number is recorded on the Virginia voter registration system if he presently has a social security number. If the voter is able to provide his social security number, he shall be furnished with a voter registration form prescribed by the State Board to update his registration information. Upon its completion, the form shall be placed by the officer of election in an envelope provided for such forms for transmission to the general registrar. Any social security numbers so provided shall be entered by the general registrar in the voter's record on the voter registration system.

E. This subsection shall apply in the case of any individual who is required by subparagraph (b) of 52 U.S.C. § 21083 of the Help America Vote Act of 2002 to show identification the first time he votes in a federal election in the state. At such election, such individual shall present (i) a current and valid photo identification or (ii) a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter. Such individual who desires to vote in person but does not show one of the forms of identification specified in this subsection shall be offered a provisional ballot under the provisions of § 24.2-653. The identification requirements of subsection B of this section and subsection A of § 24.2-653 shall not apply to such voter at such election. The Department of Elections shall provide instructions to the electoral boards for the handling and counting of such provisional ballots pursuant to subsection B of § 24.2-653 and this section.

§ 24.2-643. (Effective January 1, 2022) Qualified voter permitted to vote; procedures at polling place; voter identification.

B. An officer of election shall ask the voter for his full name and current residence address and the voter may give such information orally or in writing. The officer of election shall verify with the voter his full name and address and shall repeat, in a voice audible to party and candidate representatives present, the full name provided by the voter. The officer shall ask the voter to present any one of the following forms of identification: (i) ~~his voter confirmation documents; (ii)~~ his valid Virginia driver’s license, his valid United States passport, or any other identification issued by the Commonwealth, one of its political subdivisions, or the United States, other than a driver privilege card issued under § 46.2-328.3 or an identification privilege card issued under § 46.2-345.3; ~~(iii)~~ (ii) any valid student identification card containing a photograph of the voter and issued by any institution of higher education located in the Commonwealth or any private school located in the Commonwealth; ~~(iv)~~ (iii) any valid student identification card containing a photograph of the voter and issued by any institution of higher education located in any other state or territory of the United States; ~~(v)~~ or (iv) any valid employee identification card containing a photograph of the voter and issued by an employer of the voter in the ordinary course of the employer’s business~~; or (vi) a copy of a current utility bill, bank statement, government check, paycheck, or other government document containing the name and address of the voter~~. The expiration date on a Virginia driver's license shall not be considered when determining the validity of the driver's license offered for purposes of this section.

If the voter presents one of the forms of identification listed above, if his name is found on the pollbook in a form identical to or substantially similar to the name on the presented form of identification and the name provided by the voter, if he is qualified to vote in the election, and if no objection is made, an officer shall enter, opposite the voter’s name on the pollbook, the first or next consecutive number from the voter count form provided by the State Board, or shall enter that the voter has voted if the pollbook is in electronic form; an officer shall provide the voter with the official ballot; and another officer shall admit him to the voting booth. Each voter whose name has been marked on the pollbooks as present to vote and entitled to a ballot shall remain in the presence of the officers of election in the polling place until he has voted. If a line of voters who have been marked on the pollbooks as present to vote forms to await entry to the voting booths, the line shall not be permitted to extend outside of the room containing the voting booths and shall remain under observation by the officers of election.

A voter may be accompanied into the voting booth by his child age 15 or younger.

§ 24.2-653. Provisional voting; procedures in polling place.

A. Any person voting provisionally pursuant to subsection B of § 24.2-643, § 24.2-651.1, subsection B of § 24.2-652, or § 24.2-653.1 or 24.2-653.2 shall be given a printed ballot and provide, subject to the penalties for making false statements pursuant to § 24.2-1016, on a green envelope supplied by the Department of Elections, the identifying information required on the envelope, including the last four digits of his social security number, if any, full name including the maiden or any other prior legal name, date of birth, complete address, and signature. Such person shall be asked to present one of the forms of identification specified in subsection B of § 24.2-643. If he is unable to present one of these forms of identification, he shall sign a statement, subject to felony penalties for false statements pursuant to § 24.2-1016, that he is the named registered voter he claims to be. The officers of election shall note on the green envelope whether or not the voter has presented one of the specified forms of identification ~~or signed the required statement in lieu of presenting one of the specified forms of identification~~. The officers of election shall enter the appropriate information for the person in the precinct provisional ballots log in accordance with the instructions of the State Board but shall not enter a consecutive number for the voter on the pollbook nor otherwise mark his name as having voted.

The voter shall then, in the presence of an officer of election, but in a secret manner, mark the printed ballot as provided in § 24.2-644 and seal it in the green envelope. The envelope containing the ballot shall then promptly be placed in the ballot container by an officer of election.

B. An officer of election, by a written notice given to the voter, shall inform him that a determination of his right to vote shall be made by the electoral board and advise the voter of the beginning time and place for the board's meeting and of the voter's right to be present at that meeting. If the voter is voting provisionally as required by § 24.2-643, an officer of election, by written notice given to the voter, shall also inform him that he may submit a copy of one of the forms of identification specified in subsection B of § 24.2-643 ~~or a statement, signed by him subject to felony penalties for false statements pursuant to § 24.2-1016, that he is the named registered voter he claims to be~~ to the electoral board by facsimile, electronic mail, in-person submission, or timely United States Postal Service or commercial mail delivery, to be received by the electoral board no later than noon on the third day after the election.

C. The provisional votes submitted pursuant to subsection A, in their unopened envelopes, shall be sealed in a special envelope marked "Provisional Votes," inscribed with the number of envelopes contained therein, and signed by the officers of election who counted them. All provisional votes envelopes shall be delivered either (i) to the clerk of the circuit court who shall deliver all such envelopes to the secretary of the electoral board or (ii) to the general registrar in localities in which the electoral board has directed delivery of election materials to the general registrar pursuant to § 24.2-668.

§ 24.2-653.01. Provisional ballots; electoral boards to make determination as to validity.

A. The electoral board shall meet on the day following the election and determine whether each person having submitted a provisional vote pursuant to § 24.2-653 was entitled to do so as a qualified voter in the precinct in which he offered the provisional vote. In the case of persons voting provisionally pursuant to § 24.2-653.3, the electoral board shall determine of which district the person is a qualified voter. At the meeting, the voter may request an extension of the determination of the provisional vote in order to provide information to prove that the voter is entitled to vote in the precinct pursuant to § 24.2-401. The electoral board shall have the authority to grant such extensions that it deems reasonable to determine the status of a provisional vote.

If the board is unable to determine the validity of all the provisional ballots offered in the election, or has granted any voter who has offered a provisional ballot an extension, the meeting shall stand adjourned, not to exceed seven calendar days from the date of the election, until the board has determined the validity of all provisional ballots offered in the election.

B. The electoral board shall permit one authorized representative of each political party or independent candidate in a general or special election or one authorized representative of each candidate in a primary election to remain in the room in which the determination is being made as an observer so long as he does not participate in the proceedings and does not impede the orderly conduct of the determination. Each authorized representative shall be a qualified voter of any jurisdiction of the Commonwealth. Each representative, who is not himself a candidate or party chairman, shall present to the electoral board a written statement designating him to be a representative of the party or candidate and signed by the county or city chairman of his political party, the independent candidate, or the primary candidate, as appropriate. If the county or city chairman is unavailable to sign such a written designation, such a designation may be made by the state or district chairman of the political party. However, no written designation made by a state or district chairman shall take precedence over a written designation made by the county or city chairman. Such statement, bearing the chairman's or candidate's original signature, may be photocopied and such photocopy shall be as valid as if the copy had been signed.

Notwithstanding the provisions of the Virginia Freedom of Information Act (§ 2.2-3700 et seq.), attendance at meetings of the electoral board to determine the validity of provisional ballots shall be permitted only for the authorized representatives provided for in this subsection, for the persons whose provisional votes are being considered and their representative or legal counsel, and for appropriate staff and legal counsel for the electoral board.

C. If the electoral board determines that such person was not entitled to vote as a qualified voter in the precinct or district in which he offered the provisional vote, is unable to determine his right to vote, or has not been provided one of the forms of identification specified in subsection B of § 24.2-643~~, or the signed statement that the voter is the named registered voter he claims to be~~, the envelope containing his ballot shall not be opened and his vote shall not be counted. The general registrar shall notify in writing pursuant to § 24.2-114 those persons found not properly registered or whose provisional vote was not counted.

The provisional vote shall be counted if (i) such person is entitled to vote in the precinct pursuant to § 24.2-401 or (ii) the Department of Elections or the voter presents proof that indicates the voter submitted an application for registration to a state-designated voter registration agency or the voter's information was transmitted by the Department of Motor Vehicles to the Department of Elections pursuant to § 24.2-411.3 prior to the close of registration pursuant to § 24.2-416 and the registrar determines that the person was qualified for registration based upon the application for registration submitted by the person pursuant to subsection B of § 24.2-652.

If the electoral board determines that such person was entitled to vote, the name of the voter shall be entered in a provisional votes pollbook and marked as having voted, the envelope shall be opened, and the ballot shall be placed in a ballot container without any inspection further than that provided for in § 24.2-646.

D. On completion of its determination, the electoral board shall proceed to count such ballots and certify the results of its count. Its certified results shall be added to those found pursuant to § 24.2-671. No adjustment shall be made to the statement of results for the precinct in which the person offered to vote. However, any voter who cast a provisional ballot and is determined by the electoral board to have been entitled to vote shall have his name included on the list of persons who voted that is submitted to the Department of Elections pursuant to § 24.2-406.

E. The certification of the results of the count together with all ballots and envelopes, whether open or unopened, and other related material shall be delivered by the electoral board to the clerk of the circuit court and retained by him as provided for in §§ 24.2-668 and 24.2-669.

§ 24.2-701. Application for absentee ballot.

A. The Department shall furnish each general registrar with a sufficient number of applications for official absentee ballots. The registrars shall furnish applications to persons requesting them.

The Department shall implement a system that enables eligible persons to request and receive an absentee ballot application electronically through the Internet. Electronic absentee ballot applications shall be in a form approved by the State Board.

Except as provided in § 24.2-703 or 24.2-703.1, a separate application shall be completed for each election in which the applicant offers to vote. An application for an absentee ballot may be accepted the later of (i) 12 months before an election or (ii) the day following any election held in the twelfth month prior to the election in which the applicant is applying to vote.

An application that is completed in person at the same time that the applicant registers to vote shall be held and processed no sooner than the fifth day after the date that the applicant registered to vote; however, this requirement shall not be applicable to any covered voter, as defined in § 24.2-452.

Any application received before the ballots are printed shall be held and processed as soon as the printed ballots for the election are available.

For the purposes of this chapter, the general registrar's office shall be open a minimum of eight hours between the hours of 8:00 a.m. and 5:00 p.m. on the first and second Saturday immediately preceding all elections.

Unless the applicant is disabled, all applications for absentee ballots shall be signed by the applicant who shall state, subject to felony penalties for making false statements pursuant to § 24.2-1016, that to the best of his knowledge and belief the facts contained in the application are true and correct and that he has not and will not vote in the election at any other place in Virginia or in any other state. If the applicant is unable to sign the application, a person assisting the applicant will note this fact on the applicant signature line and provide his signature, name, and address.

B. Applications for absentee ballots shall be completed in the following manner:

1. An application completed in person shall be completed only in the office of the general registrar and signed by the applicant in the presence of a registrar. The applicant shall provide one of the forms of identification specified in subsection B of § 24.2-643, or if he is unable to present one of the specified forms of identification listed in that subsection, he shall sign a statement, subject to felony penalties for making false statements pursuant to § 24.2-1016, that he is the named registered voter he claims to be. An applicant who requires assistance in voting by reason of a physical disability or an inability to read or write, and who requests assistance pursuant to § 24.2-649, may be assisted in preparation of this statement in accordance with that section. The provisions of § 24.2-649 regarding voters who are unable to sign shall be followed when assisting a voter in completing this statement. Any applicant who does not show one of the forms of identification specified in subsection B of § 24.2-643 ~~or does not sign this statement~~ shall be offered a provisional ballot under the provisions of § 24.2-653. The State Board of Elections shall provide instructions to the general registrar for the handling and counting of such provisional ballots pursuant to § 24.2-653.01 and this section.

This paragraph shall apply in the case of any individual who is required by subparagraph (b) of 52 U.S.C. § 21083 of the Help America Vote Act of 2002 to show identification the first time he votes in a federal election in the state. At such election, such individual shall present (i) a current and valid photo identification or (ii) a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter. Such individual who desires to vote in person but does not show one of the forms of identification specified in this paragraph shall be offered a provisional ballot under the provisions of § 24.2-653. The identification requirements of subsection B of § 24.2-643 and subsection A of § 24.2-653 shall not apply to such voter at such election. The Department of Elections shall provide instructions to the electoral boards for the handling and counting of such provisional ballots pursuant to § 24.2-653.01 and this section.

2. Any other application may be made by mail, by electronic or telephonic transmission to a facsimile device if one is available to the office of the general registrar or to the office of the Department if a device is not available locally, or by other means. The application shall be on a form furnished by the registrar or as specified in subdivision 3. The application shall be made to the appropriate registrar no later than 5:00 p.m. on the eleventh day prior to the election in which the applicant offers to vote.

3. The application of any covered voter, as defined in § 24.2-452, may be on a federal postcard application, as defined in § 24.2-452. The federal postcard application may be accepted the later of (i) 12 months before an election or (ii) the day following any election held in the twelfth month prior to the election in which the applicant is applying to vote.

C. Applications for absentee ballots shall contain the following information:

1. The applicant’s printed name and the last four digits of the applicant's social security number. However, an applicant completing the application in person shall not be required to provide the last four digits of his social security number;

2. A statement that he is registered in the county or city in which he offers to vote and his residence address in such county or city. Any person temporarily residing outside the United States shall provide the last date of residency at his Virginia residence address, if that residence is no longer available to him. Any covered voter, as defined in § 24.2-452, who is not a registered voter may file the applications to register and for a ballot simultaneously; and

3. The complete address to which the ballot is to be sent directly to the applicant, unless the application is made in person at a time when the printed ballots for the election are available and the applicant chooses to vote in person at the time of completing his application. The address given shall be (i) the address of the applicant on file in the registration records; (ii) the address at which he will be located while absent from his county or city; or (iii) the address at which he will be located while temporarily confined due to a disability or illness. No ballot shall be sent to, or in care of, any other person.

D. An application shall not be required for any registered voter appearing in person to cast an absentee ballot pursuant to § 24.2-701.1.

§ 24.2-701.1. Absentee voting in person.

A. Absentee voting in person shall be available on the forty-fifth day prior to any election and shall continue until 5:00 p.m. on the Saturday immediately preceding the election. In the case of a special election, excluding for federal offices, if time is insufficient between the issuance of the writ calling for the special election and the date of the special election, absentee voting in person shall be available as soon as possible after the issuance of the writ.

Any registered voter offering to vote absentee in person shall provide his name and his residence address in the county or city in which he is offering to vote. After verifying that the voter is a registered voter of that county or city, the general registrar shall enroll the voter's name and address on the absentee voter applicant list maintained pursuant to § 24.2-706.

~~Except as provided in subsection F, a~~ A registered voter voting by absentee ballot in person shall provide one of the forms of identification specified in subsection B of § 24.2-643. If he does not show one of the forms of identification specified in subsection B of § 24.2-643, he shall be allowed to vote after signing a statement, subject to felony penalties for false statements pursuant to § 24.2-1016, that he is the named registered voter he claims to be. A voter who requires assistance in voting by reason of a physical disability or an inability to read or write, and who requests assistance pursuant to § 24.2-649, may be assisted in preparation of this statement in accordance with that section. The provisions of § 24.2-649 regarding voters who are unable to sign shall be followed when assisting a voter in completing this statement. A voter who does not show one of the forms of identification specified in this subsection or does not sign this statement shall be offered a provisional ballot under the provisions of § 24.2-653. The State Board shall provide instructions to the general registrar for the handling and counting of such provisional ballots pursuant to § 24.2-653.01 and this section.

B. Absentee voting in person shall be available during regular business hours. The electoral board of each county and city shall provide for absentee voting in person in the office of the general registrar or a voter satellite office established pursuant to § 24.2-701.2. For purposes of this chapter, such offices shall be open to the public a minimum of eight hours between the hours of 8:00 a.m. and 5:00 p.m. on the first and second Saturday immediately preceding all elections. The electoral board or general registrar may provide for absentee voting in person in such offices on Sundays. Any applicant who is in line to cast his ballot when the office of the general registrar or voter satellite office closes shall be permitted to cast his absentee ballot that day.

C. The general registrar may provide for the casting of absentee ballots in person pursuant to this section on voting systems. The Department shall prescribe the procedures for use of voting systems. The procedures shall provide for absentee voting in person on voting systems that have been certified and are currently approved by the State Board. The procedures shall be applicable and uniformly applied by the Department to all localities using comparable voting systems.

D. At least two officers of election shall be present during all hours that absentee voting in person is available and shall represent the two major political parties, except in the case of a party primary, when they may represent the party conducting the primary. However, such requirement shall not apply when (i) voting systems that are being used pursuant to subsection C are located in the office of the general registrar or voter satellite office and (ii) the general registrar or an assistant registrar is present.

E. The Department shall include absentee ballots voted in person in its instructions for the preparation, maintenance, and reporting of ballots, pollbooks, records, and returns.

F. This subsection shall apply in the case of any individual who is required by subparagraph (b) of 52 U.S.C. § 21083 of the Help America Vote Act of 2002 to show identification the first time he votes in a federal election in the state. At such election, such individual shall present (i) a current and valid photo identification or (ii) a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter. Such individual who desires to vote in person but who does not show one of the forms of identification specified in this subsection shall be offered a provisional ballot under the provisions of § 24.2-653. The identification requirements of subsection B of § 24.2-643 and subsection A of § 24.2-653 shall not apply to such voter at such election. The Department of Elections shall provide instructions to the electoral boards for the handling and counting of such provisional ballots pursuant to § 24.2-653.01 and this section.

SEN. MCDOUGLE

41. Line 805, introduced, after laws.

strike

All of lines 806 through 809.

Explanation: Eliminates language giving the Governor the authority to appropriate certain grants prior to the 2022 regular session of the General Assembly.

SEN. DESTEPH

42. Line 1077, introduced, after eleventh,

strike

and

SEN. DESTEPH

43. Line 1077, introduced, after thirteenth

insert

, and twenty-seventh

SEN. DESTEPH

44. After line 1078, introduced

insert

27. That Chapter 445 of the 2021 Acts of Assembly, Special Session I, is repealed.

Explanation: Repeals the Virginia Overtime Wage Act adopted by the 2021 General Assembly, Special Session I.

SEN. DESTEPH

45. Line 1077, introduced, after eleventh

strike

and

SEN. DESTEPH

46. Line 1077, introduced, after thirteenth

insert

, and twenty-seventh

SEN. DESTEPH

47. After line 1078, introduced

insert

27. That the Code of Virginia is amended by adding in Article 2 of Chapter 43 of Title 2.2 a section numbered 2.2-4328.2 as follows:

§ 2.2-4328.2. Purchase of personal protective equipment by state agencies.

A. Notwithstanding any provision of law to the contrary, whenever a state agency purchases personal protective equipment (PPE) for public use, such PPE shall be purchased (i) from a Virginia-based company or a manufacturer that uses materials or product components made in Virginia or the United States or (ii) when PPE is unavailable from such companies or manufacturers, from a United States-based manufacturer using materials or product components made in the United States, if available.

B. If a state agency is unable to purchase PPE in accordance with subsection A, it may purchase PPE from another company or manufacturer so long as the state agency ensures that the PPE is tested by an independent laboratory to ensure compliance with all applicable federal and international certifications and requirements for such products. A state agency may purchase PPE without the need for additional independent laboratory testing if the manufacturer of such PPE provides verifiable proof of internal and independent testing by an accredited United States laboratory or testing facility at the time of purchase.

C. State agencies shall comply with the provisions of this section unless it can be demonstrated that no responsible bidder can be found.

Explanation: This amendment adds language requiring that state agencies, when purchasing personal protective equipment (PPE) for public use, purchase from a Virginia or United States-based manufacturer, with materials.

SEN. MCDOUGLE

48. Line 46, introduced, after at

strike

$3,141,030,631

insert

$3,140,430,631

SEN. MCDOUGLE

49. After line 577, introduced

strike

All of line 578.

SEN. MCDOUGLE

50. Line 579, introduced

strike

insert

SEN. MCDOUGLE

51. Line 581, introduced

strike

insert

Explanation: This amendment eliminates $600,000 to the Department of Juvenile Justice for mobile smartphones for agency staff.

SEN. RUFF

52. Line 46, introduced, after at

strike

$3,141,030,631

insert

$3,143,530,631

SEN. RUFF

53. Line 189, introduced, after Harrisonburg.

insert

5) $2,500,000 to the Virginia Tourism Authority (320) for Petersburg Area Regional Tourism to support the creation of a museum enclave to recognize “Women in the Military” at an Army installation in the Commonwealth.

Explanation: This amendment would appropriate $2.5 million from the ARPA State and Local Recovery Fund to support the creation of a museum enclave to recognize “Women in the Military” at Fort Lee in Prince George County. This initiative is intended to increase tourism and awareness of the contributions of women in the military to support the Governor’s efforts to expand Diversity, Equity, and Inclusion.

SEN. DESTEPH

54. Line 182, introduced, after develop

insert

with community stakeholders African-American

SEN. DESTEPH

55. Line 182, introduced, after cultural

insert

education

SEN. DESTEPH

56. Line 182, introduced, after content

strike

the remainder of line 182 and line 183 through (VAACC)

Explanation: This amendment provides $1,000,000 to the Virginia Tourism Authority to provide to the City of Virginia Beach for the development of African-American historical and cultural educational content with community stakeholders.

SEN. HANGER (WITHDRAWN)

58. Line 46, introduced, after at

strike

$3,141,030,631

insert

$3,153,044,371

SEN. HANGER (WITHDRAWN)

59. Line 463, introduced, after 2022.

insert

11) $12,013,740 to the Department of Criminal Justice Services to provide a $1,000 bonus for sworn law enforcement staff of local police departments. Such funding shall be distributed proportionally to local police departments based on the number of sworn personnel employed by each department.

Explanation: This amendment provides $12 million to the Department of Criminal Justice Services to distribute to local police departments for the provision of a $1,000 bonus for sworn law enforcement staff of local police departments.

SEN. STANLEY (WITHDRAWN)

60. Line 46, introduced, after at

strike

$3,141,030,631

insert

$3,337,892,314

SEN. STANLEY (WITHDRAWN)

61. Line 430, introduced, after Act.

strike

All of lines 431 and 432

insert

2) a) $89,888,908 to the Compensation Board (157) to provide one-time bonuses to state-supported and locally-funded sworn officers of Sheriffs’ Departments and Regional Jails, which shall include $5,000 to all sworn law enforcement officers, compression bonuses within a range equivalent to two and eight percent of salary as appropriate to qualifying officers, sign-on/recruitment bonuses to newly hired officers of $5,000, and retention bonuses as needed. In addition, these funds may be used to reimburse up to $2,000 of relocation expenses for each newly hired officer and any law enforcement personnel who is being relocated.

b) $118,032,736 to the Department of Criminal Justice Services to provide one-time bonuses to state-supported and locally-funded sworn officers of local police departments, which shall include $5,000 to all sworn law enforcement officers, compression bonuses within a range equivalent to two and eight percent of salary as appropriate to qualifying officers, sign-on/recruitment bonuses to newly hired officers of $5,000, and retention bonuses as needed. In addition, these funds may be used to reimburse up to $2,000 of relocation expenses for each newly hired officer and any law enforcement personnel who is being relocated. Such funding shall be distributed proportionally to local police departments, based on the number of sworn personnel employed by each department.

Explanation: This amendment provides $207.9 million for one-time bonuses for state-supported and locally-funded sworn officers of Sheriffs’ Departments and Regional Jails, and sworn officers of local Police Departments, and removes $11.1 million included in the introduced bill to provide a $1,000 one-time bonus for sworn officers of Sheriffs’ Departments and Regional Jails.

SEN. STANLEY

62. Line 1077, introduced, after eleventh,

strike

and

SEN. STANLEY

63. Line 1077, introduced, after thirteenth

insert

, and twenty-seventh

SEN. STANLEY

64. After line 1078, introduced

insert

27. That notwithstanding § 51.1-305, Code of Virginia, or any other provision of law, the mandatory retirement age for any judge or justice who is a member of the Judicial Retirement System shall be 74 years of age.

Explanation: This amendment increases by one year the mandatory retirement age for judges who are members of the Judicial Retirement System.

SEN. STANLEY (WITHDRAWN)

65. Line 46, introduced, after at

strike

$3,141,030,631

insert

$3,158,723,731

SEN. STANLEY (WITHDRAWN)

66. Line 463, introduced, after 2022.

insert

11) a) $7,649,100 to the Compensation Board (157) to provide one-time bonuses to state-supported and locally-funded sworn officers of Sheriffs’ Departments and Regional Jails, which shall include $100 per year of service, rounded up to the next year.

b) $10,044,000 to the Department of Criminal Justice Services (140) to provide one-time bonuses to state-supported and locally-funded sworn officers of local police departments, which shall include $100 per year of service, rounded up to the next year..

Explanation: This amendment provides $17.7 million for one-time bonuses, based on years of service, for state-supported and locally-funded sworn officers of Sheriffs’ Departments and Regional Jails, and sworn officers of local Police Departments.

SEN. STANLEY

67. Line 46, introduced, after at

strike

$3,141,030,631

insert

$3,142,030,631

SEN. STANLEY

68. After line 201, introduced

insert

5) $1,000,000 to the Department of Education, Central Office Operations (140) to the Public School Assistance Fund for the purposes of repairing or replacing the roofs of public elementary and secondary school buildings in the local school division.

SEN. STANLEY

69. Line 1077, introduced, after eleventh,

strike

and

SEN. STANLEY

70. Line 1077, introduced, after thirteenth

insert

, and twenty-seventh

SEN. STANLEY

71. After line 1078, introduced

insert

27. That the Code of Virginia is amended by adding in Article 3 of Chapter 9 of Title 22.1 a section numbered 22.1-141.3 as follows:

§ 22.1-141.3. Public School Assistance Fund and Program.

A. There is hereby created in the state treasury a special nonreverting fund to be known as the Public School Assistance Fund (the Fund). The Fund shall be established on the books of the Comptroller. All funds appropriated for such purpose and any gifts, donations, grants, bequests, and other funds received on its behalf shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used solely for the purposes of providing grants to local school divisions through the Public School Assistance Program created pursuant to subsection B. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Superintendent of Public Instruction.

B. There is hereby created the Public School Assistance Program (the Program) for the purpose of providing grants from the Fund 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 Department of Education shall administer the Program and shall establish such guidelines and procedures as it deems necessary for the administration of the Program, including guidelines and procedures for grant applications, awards, and renewals. Any school board in the Commonwealth may apply for Program grants. The Department of Education shall 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.

Explanation: This amendment appropriates $1.0 million in ARPA funds in FY 2022 to the Public School Assistance Fund. This fund is created in enactment 27 for the purposes of repairing or replacing the roofs of public elementary and secondary school buildings in the local school division. The Department of Education can priority in the awarding of grants to school divisions that demonstrates 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.

SEN. STANLEY

72. Line 46, introduced, after at

strike

$3,141,030,631

insert

$3,143, 530,631

SEN. STANLEY

73. After line 189, introduced

insert

5) $2,500,000 to the Virginia Tourism Authority (320) for the design and implementation of a NASCAR and motor vehicle racing heritage trail for the promotion of tourism and economic development in Virginia.

Explanation: This amendment would provide $2.5 million from the ARPA State and Local Recovery Fund for the design and implementation of a NASCAR and motor vehicle racing heritage trail for the promotion of tourism and economic development in Virginia. Chapter 1184 of the 2020 Acts of Assembly (SB 773, Stanley) directed the Virginia Tourism Authority to convene a workgroup to initiate the creation of the trail.

SEN. MCDOUGLE

74. Line 46, introduced, after at

strike

$3,141,030,631

insert

$3,579,030,631

SEN. MCDOUGLE

75. Line 55, introduced, after 2)

strike

$862,000,000

insert

$1,300,000,000

Explanation: This amendment would provide a deposit of $1.3 billion to the Unemployment Trust Fund.

SEN. MCDOUGLE

76. Line 46, introduced, after at

strike

$3,141,030,631

insert

$3,140,030,631

SEN. MCDOUGLE

77. After line 276, introduced

strike

All of lines 277 and 278.

Explanation: This amendment removes $1.0 million for the Department of Conservation and Recreation to provide Fairfax County funding for the construction of trail system connections at Lake Royal Park.

SEN. MCDOUGLE

78. Line 626, introduced, after at

strike

$5,691,513,733

insert

$5,134,801,094

SEN. MCDOUGLE

79. After line 719, introduced,

strike

All of lines 720 and 721.

Explanation: This amendment would remove the appropriation for Unemployment Insurance Extension Implementation Grants from ARPA grants other than the State and Local Recovery Fund (SLRF) and Capital Project Fund.

SEN. REEVES

80. Line 46, introduced, after at

strike

$3,141,030,631

insert

$3,138,530,631

SEN. REEVES

81. After line 413, introduced

strike

All of lines 414 and 415.

SEN. REEVES

82. Line 416, introduced

strike

insert

SEN. REEVES

83. Line 419, introduced

strike

insert

SEN. REEVES

84. Line 421, introduced

strike

insert

SEN. REEVES

85. Line 425, introduced

strike

insert

Explanation: This amendment eliminates $2,500,000 to the Office of the Attorney General for gun violence reduction projects.

SEN. STANLEY

86. Line 46, introduced, after at

strike

$3,141,030,631

insert

$3,141,859,381

SEN. STANLEY

87. After line 268, introduced

insert

5) $828,750 to the Virginia Department of Environmental Quality (440) to be provided to Henry County for the provision of sewer collection system upgrades to a manufacturer of wood pellets located in Henry County.

Explanation: This amendment provides $828,750 to the Department of Environmental Quality to provide Henry County funding that would support economic development by allocating funds for a sewer line connector that would in turn permit the infrastructure for capital expansion of a long-time Henry County manufacturer of wood products in Southside Virginia.

SEN. NEWMAN (NOT GERMANE)

88. Line 1077, introduced, after eleventh

strike

and

SEN. NEWMAN (NOT GERMANE)

89. Line 1077, introduced, after thirteenth

insert

, and twenty-seventh

SEN. NEWMAN (NOT GERMANE)

90. After line 1078, introduced

insert

§ 22.1-23.3. Treatment of transgender students; policies.

A. The Department of Education shall develop and make available to each school board model policies concerning the treatment of transgender students in public elementary and secondary schools that address common issues regarding transgender students in accordance with evidence-based best practices and include information, guidance, procedures, and standards relating to:

1. Compliance with applicable nondiscrimination laws;

2. Maintenance of a safe and supportive learning environment free from discrimination and harassment for all students;

3. Prevention of and response to bullying and harassment;

4. Maintenance of student records;

5. Identification of students;

6. Protection of student privacy and the confidentiality of sensitive information;

7. Enforcement of sex-based dress codes; and

8. Student participation in sex-specific school activities and events and use of school facilities. Activities and events do not include athletics.

~~B. Each school board shall adopt policies that are consistent with but may be more comprehensive than the model policies developed by the Department of Education pursuant to subsection A.~~

Explanation: Eliminates the statutory requirement that school boards adopt transgender policies consistent with the model policy developed by the Department of Education.

SEN. NEWMAN (NOT GERMANE)

91. Line 1077, introduced, after eleventh

strike

and

SEN. NEWMAN (NOT GERMANE)

92. Line 1077, introduced, after thirteenth

insert

, and twenty-seventh

SEN. NEWMAN (NOT GERMANE)

93. After line 1078, introduced

insert

27. That §§ 22.1-253.13:5 and 22.1-298.7 of the Code of Virginia are amended and reenacted as follows:

§ 22.1-253.13:5. Standard 5. Quality of classroom instruction and educational leadership.

A. Each member of the Board of Education shall participate in high-quality professional development programs on personnel, curriculum and current issues in education as part of his service on the Board.

B. Consistent with the finding that leadership is essential for the advancement of public education in the Commonwealth, teacher, principal, and superintendent evaluations shall be consistent with the performance standards included in the Guidelines for Uniform Performance Standards and Evaluation Criteria for Teachers, Principals, and Superintendents. Evaluations shall include student academic progress as a significant component and an overall summative rating. Teacher evaluations shall include regular observation and evidence that instruction is aligned with the school’s curriculum. Evaluations shall include identification of areas of individual strengths and weaknesses and recommendations for appropriate professional activities. Evaluations shall include an evaluation of cultural competency if approved pursuant to § 22.1-298.7.

C. The Board of Education shall provide guidance on high-quality professional development for (i) teachers, principals, supervisors, division superintendents, and other school staff; (ii) principals, supervisors, and division superintendents in the evaluation and documentation of teacher and principal performance based on student academic progress and the skills and knowledge of such instructional or administrative personnel; (iii) school board members on personnel, curriculum and current issues in education; and (iv) programs in Braille for teachers of the blind and visually impaired, in cooperation with the Virginia Department for the Blind and Vision Impaired.

The Board shall also provide technical assistance on high-quality professional development to local school boards designed to ensure that all instructional personnel are proficient in the use of educational technology consistent with its comprehensive plan for educational technology.

D. Each local school board shall require (i) its members to participate annually in high-quality professional development activities at the state, local, or national levels on governance, including, but not limited to, personnel policies and practices; the evaluation of personnel, curriculum, and instruction; use of data in planning and decision making; and current issues in education as part of their service on the local board and (ii) the division superintendent to participate annually in high-quality professional development activities at the local, state, or national levels, including the Standards of Quality, Board of Education regulations, and the Guidelines for Uniform Performance Standards and Evaluation Criteria for Teachers, Principals, and Superintendents.

E. Each local school board shall provide a program of high-quality professional development (i) in the use and documentation of performance standards and evaluation criteria based on student academic progress and skills for teachers, principals, and superintendents to clarify roles and performance expectations and to facilitate the successful implementation of instructional programs that promote student achievement at the school and classroom levels; (ii) as part of the license renewal process, to assist teachers and principals in acquiring the skills needed to work with gifted students, students with disabilities, and students who have been identified as having limited English proficiency and to increase student achievement and expand the knowledge and skills students require to meet the standards for academic performance set by the Board of Education; (iii) in educational technology for all instructional personnel which is designed to facilitate integration of computer skills and related technology into the curricula; and (iv) for principals and supervisors designed to increase proficiency in instructional leadership and management, including training in the evaluation and documentation of teacher and principal performance based on student academic progress and the skills and knowledge of such instructional or administrative personnel.

In addition, each local school board shall also provide teachers and principals with high-quality professional development programs each year in (a) instructional content; (b) the preparation of tests and other assessment measures; (c) methods for assessing the progress of individual students, including Standards of Learning assessment materials or other criterion-referenced tests that match locally developed objectives; (d) instruction and remediation techniques in English, mathematics, science, and history and social science; (e) interpreting test data for instructional purposes; (f) technology applications to implement the Standards of Learning; and (g) effective classroom management.

F. Schools and school divisions shall include as an integral component of their comprehensive plans required by § 22.1-253.13:6, high-quality professional development programs that support the recruitment, employment, and retention of qualified teachers and principals. Each school board shall require all instructional personnel to participate each year in these professional development programs.

G. Each local school board shall annually review its professional development program for quality, effectiveness, participation by instructional personnel, and relevancy to the instructional needs of teachers and the academic achievement needs of the students in the school division.

§ 22.1-298.7. Teachers and other licensed school board employees; cultural competency training.

Each school board ~~shall~~ may adopt and implement policies that require each teacher and any other school board employee holding a license issued by the Board to complete cultural competency training, in accordance with guidance issued by the Board, at least every two years. A school board shall only adopt and implement such policies after holding a public hearing regarding the adoption of such policies for which 30-days’ notice has been provided.

Explanation: Provides discretion to school boards to adopt and implement policies requiring teachers and other school board employees holding an education license to complete cultural competency training, and requires a school board to hold a public hearing with 30-days notice prior to adopting such a policy.

SEN. NEWMAN

94. After line 1078, introduced

insert

28. That, notwithstanding any other provision of law, the Virginia Employment Commission (VEC) shall not administer payments under the Federal Pandemic Unemployment Compensation (FPUC) program authorized by § 2104 of the federal Coronavirus Aid, Relief, and Economic Security Act of 2020, P.L. 116-136 (the CARES Act), as amended, or the Mixed Earners Unemployment Compensation (MEUC) program authorized by § 2104 of the CARES Act, as amended, after the effective date of this enactment. Nothing in this act shall prevent the VEC from administering payments under the FPUC and MEUC programs paid or accrued before the effective date of this enactment, and such payments may be paid, adjudicated, collected, or otherwise administered after the effective date of this enactment.

Explanation: Ends the payment of the enhanced unemployment benefit by the Virginia Employment Commission upon signage of the budget bill.

SEN. NEWMAN

95. Line 46, introduced, after at

strike

$3,141,030,631

insert

$3,171,064,981

SEN. NEWMAN

96. Line 463, introduced, after 2022.

insert

11) $30,034,350 to the Department of Criminal Justice Services (140) to provide a one-time hazard pay bonus of $5,000 for sworn law enforcement officers of local police departments that qualify for funding pursuant to Item 408, Chapter 552, 2021 Special Session I Acts of Assembly. The department shall distribute the funding to qualified localities that also provide a match to these funds such that the locality funds one-half of the $5,000 bonus.

Explanation: This amendment provides $30.0 million from federal American Rescue Plan Act funds for a $5,000 bonus to all local law enforcement officers working for local police departments. Localities are required to provide a match to cover half the costs of the bonus in order to receive the funds.

SEN. NEWMAN (OUT OF ORDER)

97. Line 1077, introduced, after eleventh,

strike

and

SEN. NEWMAN (OUT OF ORDER)

98. Line 1077, introduced, after thirteenth

insert

, and twenty-seventh

SEN. NEWMAN (OUT OF ORDER)

99. After line 1078, introduced

insert

27. That the Code of Virginia is amended by adding a section numbered 22.1-208.03 as follows:

§ 22.1-208.03. Promotion of diversity and respect in education.

Local school divisions shall promote diversity and respect, with the understanding that all persons are equal and diversity is our strength. Local school divisions shall promote the concept that all cultures have contributed greatly to the rich history of the United States and the way of life we enjoy today. Public school divisions shall not train, teach, or promote the following to students or employees:

1. That any race is inherently superior or inferior to any other race;

2. That any individual by virtue of his race or skin color is inherently racist, privileged, or oppressive, whether consciously or unconsciously;

3. That any person, by virtue of his race or religion bears responsibility for the actions committed by other members of his race or religion;

4. That a person's moral character is determined by his race;

5. That the United States is a fundamentally or systemically racist country; or

6. That capitalism is an inherently racist economic system.

Explanation: Requires local divisions to promote diversity and respect, and teach that all people are equal. The provision prohibits the teaching that any race is inherently superior, that any individual by virtue of his race is inherently racist, that any person is responsible for acts committed by others of his race or religion, that, that a person’s moral character is determined by his race, or that the United States or capitalism is inherently racist.

SEN. NEWMAN (WITHDRAWN)

100. After line 987, introduced

strike

All of lines 988 through 1037

Explanation: Eliminates the provisions of the bill relating to the use of the name, image, or likeness of a student-athlete.

SEN. NEWMAN (WITHDRAWN)

101. Line 46, introduced, after at

strike

$3,141,030,631

insert

$3,121,030,631

SEN. NEWMAN (WITHDRAWN)

102. Line 327, introduced, after 2021.

strike

All of lines 328 through 335

insert

5) the Department of Health (601) shall develop and communicate a detailed plan for deployment of an electronic health records system with an implementation schedule, specifications, and a draft request for proposals to the Governor, the Chairs of the House Appropriations and Senate Finance and Appropriations Committees, and the Director of the Department of Planning and Budget by December 1, 2021.

SEN. NEWMAN (WITHDRAWN)

103. Line 344, introduced, after 2021.

strike

All of lines 345 through 352

insert

7) the Department of Health (601) shall develop and communicate a detailed plan for the modernization of agency administrative systems and software with an implementation schedule, specifications, and a draft request for proposals to the Governor, the Chairs of the House Appropriations and Senate Finance and Appropriations Committees, and the Director of the Department of Planning and Budget by December 1, 2021.

Explanation: This amendment directs the Department of Health to develop and submit detailed plans on deployment of an electronic health records system and the modernization of agency administrative systems to the Governor and money committees by December 1, 2021. In addition, $20 million provided in the introduced bill is eliminated.

SEN. NEWMAN

104. Line 46, introduced, after at

strike

$3,141,030,631

insert

$3,159,030,631

SEN. NEWMAN

105. Line 305, introduced, after system.

insert

8) a) $6,000,000 to the Department of Behavioral Health and Developmental Services (720) to enter into an emergency contract to expand its contract with the alternative transportation provider with whom the department has entered into a contract to provide alternative transportation for adults and children under a temporary detention order to ensure adequate staffing to allow the alternative transportation provider to take custody and provide transportation of all persons for whom alternative transportation is ordered.

b) $12,000,000 to the Department of Criminal Justice Services (140), in collaboration with the Compensation Board (127), for distribution to local law-enforcement agencies to allow local law-enforcement agencies to enter into contracts with qualified retired law-enforcement officers to allow such qualified retired law-enforcement officers to take custody and provide transportation of adults and children who are subject to a temporary detention order and for whom alternative transportation is not ordered. A qualified retired law-enforcement officer is a law-enforcement officer who retired in good standing from a law-enforcement agency in the Commonwealth and who has completed a training program on the safe provision of custody and transportation of adults and children who are subject to a temporary detention order and is able and willing to safely provide transportation of a person who is subject to a temporary detention order. Such contracts shall limit the number of hours for which a qualified retired law-enforcement officer may be compensated to no more than 29 hours per week on average over a 12-month period. The department shall take into consideration in the distribution of funding to local law-enforcement agencies the size of the local law-enforcement agency, the burden placed on such agency by transportation of individuals subject to a temporary detention, and other relevant factors to ensure the agencies with the greatest financial need receive priority funding.

Explanation: This amendment provides $18.0 million from federal American Rescue Plan Act funds to expand the existing contract to ensure adequate staffing to allow the alternative transportation provider to take custody and provide transportation of all persons for whom alternative transportation is ordered under a Temporary Detention Order. In addition, funding is provided to support local law-enforcement agencies to allow local law-enforcement agencies to enter into contracts with qualified retired law-enforcement officers to allow such qualified retired law-enforcement officers to take custody and provide transportation of adults and children who are subject to a temporary detention order and for whom alternative transportation is not ordered.

SEN. NEWMAN (WITHDRAWN)

106. Line 46, introduced, after at

strike

$3,141,030,631

insert

$3,139,530,631

SEN. NEWMAN (WITHDRAWN)

107. Line 464, introduced, after Elections

strike

lines 465 and 466

Explanation: This amendment removes $1.5 million for the Department of Election to provide voter education efforts to inform voters about new elections laws and combat misinformation about Virginia elections.

SEN. NEWMAN (WITHDRAWN)

108. Line 930, introduced, after plan

insert

pursuant to subsection F of § 55.1-1245 of the Code of Virginia

SEN. NEWMAN (WITHDRAWN)

109. Line 934, introduced, after plan

insert

pursuant to subsection F of § 55.1-1245 of the Code of Virginia

SEN. NEWMAN (WITHDRAWN)

110. Line 945, introduced, after plan

insert

pursuant to subsection F of § 55.1-1245 of the Code of Virginia

Explanation: This amendment inserts a reference to § 55.1-1245.F., Code of Virginia, which provides that for a landlord who owns four or fewer rental dwelling units, if rent is unpaid when due, and the tenant fails to pay rent within 14 days after written notice is served on him notifying the tenant of his nonpayment, and of the landlord's intention to terminate the rental agreement if the rent is not paid within the 14-day period, the landlord may terminate the rental agreement and proceed to obtain possession of the premises as provided in § 55.1-1251.

SEN. NEWMAN (WITHDRAWN)

111. After line 477, introduced

strike

All of lines 478 through 482

Explanation: Removes the Governor's authority to appropriate additional amounts not included in the bill prior to the 2022 Session of the General Assembly in order to respond to a public health emergency.

SEN. STANLEY

112. Line 46, introduced, after at

strike

$3,141,030,631

insert

$3,141,530,631

SEN. STANLEY

113. After line 189, introduced

insert

5) $500,000 to the Virginia Tourism Authority (320) for the Wendell Scott Museum located in Danville, Virginia.

Explanation: This amendment would provide $500,000 from the ARPA State and Local Recovery Fund for the Wendell Scott Museum. The Wendell Scott Museum is a national, not-for-profit established to commemorate the memory of the first African-American race car driver to win the Grand National, NASCAR’s highest level.

SEN. NORMENT (WITHDRAWN)

114. Line 1070, introduced, after twenty-second,

strike

and

SEN. NORMENT (WITHDRAWN)

115. Line 1071, introduced, after twenty-third

insert

, twenty-seventh, and twenty-eighth

SEN. NORMENT (WITHDRAWN)

116. After line 1078, introduced

insert

27. That §§ 60.2-612 and 60.2-618 of the Code of Virginia are amended and reenacted as follows:

§ 60.2-612. Benefit eligibility conditions.

An unemployed individual shall be eligible to receive benefits for any week only if the Commission finds that:

1. He has, in the highest two quarters of earnings within his base period, been paid wages in employment for employers that are equal to not less than the lowest amount appearing in Column A of the "Benefit Table" appearing in § 60.2-602 on the line which extends through Division C and on which in Column B of the "Benefit Table" appears his weekly benefit amount. Such wages shall be earned in not less than two quarters.

2. a. His total or partial unemployment is not due to a labor dispute in active progress or to shutdown or start-up operations caused by such dispute which exists (i) at the factory, establishment, or other premises, including a vessel, at which he is or was last employed, or (ii) at a factory, establishment or other premises, including a vessel, either within or without this Commonwealth, which (a) is owned or operated by the same employing unit which owns or operates the premises at which he is or was last employed and (b) supplies materials or services necessary to the continued and usual operation of the premises at which he is or was last employed. This subdivision shall not apply if it is shown to the satisfaction of the Commission that:

(1) He is not participating in or financing or directly interested in the labor dispute; and

(2) He does not belong to a grade or class of workers of which, immediately before the commencement of the labor dispute, there were members employed at the premises, including a vessel, at which the labor dispute occurs, any of whom are participating in or financing or directly interested in the dispute.

b. If separate branches of work which are commonly conducted as separate businesses at separate premises are conducted in separate departments of the same premises, each such department shall, for the purposes of this subdivision, be deemed to be a separate factory, establishment or other premises. Membership in a union, or the payment of regular dues to a bona fide labor organization, however, shall not alone constitute financing a labor dispute.

3. He is not receiving, has not received or is not seeking unemployment benefits under an unemployment compensation law of any other state or of the United States; however, if the appropriate agency of such other state or of the United States finally determines that he is not entitled to such unemployment benefits, this subdivision shall not apply.

4. He is not on a bona fide paid vacation. If an individual is paid vacation pay for any week in an amount less than the individual’s weekly benefit amount, his eligibility for benefits shall be computed under the provisions of § 60.2-603.

5. He has registered for work and thereafter has continued to report at an employment office in accordance with such regulations as the Commission may prescribe. The Commission may, by regulation, waive or alter either or both of the requirements of this subdivision for certain types of cases when it finds that compliance with such requirements would be oppressive, or would be inconsistent with the purposes of this title.

6. He has made a claim for benefits in accordance with regulations the Commission may prescribe.

7. a. He is able to work, is available for work, and is actively seeking and unable to obtain suitable work. Every claimant who is totally unemployed shall report to the Commission (i) the names of employers contacted each week in his effort to obtain work and (ii) whether any potential employer has requested an interview with the individual, and if an interview has been requested, information on the individual’s satisfaction of the provisions of subdivision d. This information may be subject to employer verification by the Commission through a program designed for that purpose. The Commission may determine that registration by a claimant with the Virginia State Job Service may constitute a valid employer contact and satisfy the search for work requirement of this subsection in labor market areas where job opportunities are limited. The Commission may determine that an individual, whose usual and customary means of soliciting work in his occupation is through contact with a single hiring hall which makes contacts with multiple employers on behalf of the claimant, meets the requirement that he be actively seeking and unable to obtain suitable work by contacting that hiring hall alone. In areas of high unemployment, as determined by the Commission, the Commission has the authority to adjust the requirement that he be actively seeking and unable to obtain suitable work.

b. An individual who leaves the normal labor market area of the individual for the major portion of any week is presumed to be unavailable for work within the meaning of this section. This presumption may be overcome if the individual establishes to the satisfaction of the Commission that the individual has conducted a bona fide search for work and has been reasonably accessible to suitable work in the labor market area in which the individual spent the major portion of the week to which the presumption applies.

c. An individual whose type of work is such that it is performed by individuals working two or more shifts in a 24-hour period shall not be deemed unavailable for work if the individual is currently enrolled in one or more classes of education related to employment or is continuing in a certificate or degree program at an institution of higher education, provided that the enrollment would only limit the individual’s availability for one shift and the individual is otherwise available to work any of the other shifts.

d. After receiving an interview request by an employer offering suitable work, he has (i) responded to the interview request within 48 hours using the contact information provided by the employer, (ii) scheduled an interview with the employer to take place within seven days or a period outside of seven days if mutually agreed upon by both parties, (iii) appeared for the scheduled interview, and (iv) attended any reemployment activity associated with the interview request if required by the employer in its normal course of recruitment, including drug testing, skills assessments, or other similar reemployment activities.

8. He has given notice of resignation to his employer and the employer subsequently made the termination of employment effective prior to the date of termination as given in the notice, but in no case shall unemployment compensation benefits awarded under this subdivision exceed two weeks;, provided, that the claimant could not establish good cause for leaving work pursuant to § 60.2-618 and was not discharged for misconduct as provided in § 60.2-618.

9. Beginning January 6, 1991, he has served a waiting period of one week during which he was eligible for benefits under this section in all other respects and has not received benefits, except that only one waiting week shall be required of such individual within any benefit year. For claims filed effective November 28, 1999, and after, this requirement shall be waived for any individual whose unemployment was caused by his employer terminating operations, closing its business or declaring bankruptcy without paying the final wages earned as required by § 40.1-29 ~~of the Code of Virginia~~. Notwithstanding any other provision of this title, if an employer who terminates operations, closes its business or declares bankruptcy pays an individual his final wages after the period of time prescribed by § 40.1-29 ~~of the Code of Virginia~~, such payment shall not be offset against the benefits the individual was otherwise entitled to receive and shall not, under any circumstances, cause such individual to be declared overpaid benefits.

10. He is not imprisoned or confined in jail.

11. He participates in reemployment services, such as job search assistance services, if he has been determined to be likely to exhaust regular benefits and need reemployment services pursuant to a profiling system established by the Commission, unless the Commission determines that (i) such claimant has completed such services or (ii) there is good cause for such claimant’s failure to participate in such services.

§ 60.2-618. Disqualification for benefits.

An individual shall be disqualified for benefits upon separation from the last employing unit for whom he has worked 30 days or 240 hours or from any subsequent employing unit:

1. For any week benefits are claimed until he has performed services for an employer (i) during 30 days, whether or not such days are consecutive, or (ii) for 240 hours, and subsequently becomes totally or partially separated from such employment, if the Commission finds such individual is unemployed because he left work voluntarily without good cause.

If (a) at the time of commencing employment with such employing unit an individual is enrolled in an accredited academic program of study provided by an institution of higher education for students that have been awarded a baccalaureate degree, which academic program culminates in the awarding of a master’s, doctoral, or professional degree; (b) the individual's employment with such employing unit commenced and ended during the period between spring and fall semesters of the academic program in which the individual is enrolled; and (c) the individual returned to such academic program following his separation from such employing unit, there shall be a rebuttable presumption that the individual left work voluntarily.

As used in this chapter, “good cause” shall not include (1) voluntarily leaving work with an employer to become self-employed or (2) voluntarily leaving work with an employer to accompany or to join his or her spouse in a new locality, except where an individual leaves employment to accompany a spouse to the location of the spouse’s new duty assignment if (A) the spouse is on active duty in the military or naval services of the United States; (B) the spouse’s relocation to a new military-related assignment is pursuant to a permanent change of station order; (C) the location of the spouse’s new duty assignment is not readily accessible from the individual’s place of employment; and (D) except for members of the Virginia National Guard relocating to a new assignment within the Commonwealth, the spouse’s new duty assignment is located in a state that, pursuant to statute, does not deem a person accompanying a military spouse as a person leaving work voluntarily without good cause. An individual shall not be deemed to have voluntarily left work solely because the separation was in accordance with a seniority-based policy.

2. a. For any week benefits are claimed until he has performed services for an employer (i) during 30 days, whether or not such days are consecutive, or (ii) for 240 hours, and subsequently becomes totally or partially separated from such employment, if the Commission finds such individual is unemployed because he has been discharged for misconduct connected with his work.

b. For the purpose of this subdivision, “misconduct” includes, but shall not be limited to:

(1) An employee’s confirmed positive test for a nonprescribed controlled substance, identified as such in Chapter 34 (§ 54.1-3400 et seq.) of Title 54.1, where such test was conducted at the direction of his employer in conjunction with the employer’s administration and enforcement of a known workplace drug policy. Such test shall have been performed, and a sample collected, in accordance with scientifically recognized standards by a laboratory accredited by the ~~United States~~ U.S. Department of Health and Human Services, or the College of American Pathology, or the American Association for Clinical Chemistry, or the equivalent, or shall have been a ~~United States~~ U.S. Department of Transportation-qualified drug screen conducted in accordance with the employer’s bona fide drug policy. The Commission may consider evidence of mitigating circumstances in determining whether misconduct occurred.

(2) An employee’s intentionally false or misleading statement of a material nature concerning past criminal convictions made in a written job application furnished to the employer, where such statement was a basis for the termination and the employer terminated the employee promptly upon the discovery thereof. The Commission may consider evidence of mitigating circumstances in determining whether misconduct occurred.

(3) A willful and deliberate violation of a standard or regulation of the Commonwealth, by an employee of an employer licensed or certified by the Commonwealth, which violation would cause the employer to be sanctioned or have its license or certification suspended by the Commonwealth. The Commission may consider evidence of mitigating circumstances in determining whether misconduct occurred.

(4) Chronic absenteeism or tardiness in deliberate violation of a known policy of the employer or one or more unapproved absences following a written reprimand or warning relating to more than one unapproved absence. The Commission may consider evidence of mitigating circumstances in determining whether misconduct occurred.

(5) An employee’s loss of or failure to renew a license or certification that is a requisite of the position held by the employee, provided the employer is not at fault for the employee’s loss of or failure to renew the license or certification. The Commission may consider evidence of mitigating circumstances in determining whether misconduct occurred.

3. a. If it is determined by the Commission that such individual has failed, without good cause, ~~either~~ to apply for available, suitable work when so directed by the employment office or the Commission, to satisfy the requirements of subdivision 7 d of § 60.2-612, or to accept suitable work when offered him. The disqualification shall commence with the week in which such failure occurred, and shall continue for the period of unemployment next ensuing until he has performed services for an employer (i) during 30 days, whether or not such days are consecutive, or (ii) for 240 hours, and subsequently becomes totally or partially separated from such employment.

b. In determining whether or not any work is suitable for an individual, the Commission shall consider the degree of risk involved to his health, safety and morals, his physical fitness and prior training, his experience, his length of unemployment and the accessibility of the available work from his residence.

c. No work shall be deemed suitable and benefits shall not be denied under this title to any otherwise eligible individual for refusing to accept new work under any of the following conditions:

(1) If the position offered is vacant due directly to a strike, lockout, or other labor dispute;

(2) If the wages, hours, or other conditions of the work offered are substantially less favorable to the individual than those prevailing for similar work in the locality; or

(3) If as a condition of being employed the individual would be required to join a company union or to resign from or refrain from joining any bona fide labor organization.

d. No individual shall be qualified for benefits during any week that such individual, in connection with an offer of suitable work, has a confirmed positive test for a nonprescribed controlled substance, identified as such in Chapter 34 (§ 54.1-3400 et seq.) of Title 54.1, if the test is required as a condition of employment and (i) performed, and a sample is collected, in accordance with scientifically recognized standards by a laboratory accredited by the ~~United States~~ U.S. Department of Health and Human Services, or the College of American Pathology, or the American Association for Clinical Chemistry, or the equivalent, or (ii) a ~~United States~~ U.S. Department of Transportation-qualified drug screen conducted in accordance with the employer's bona fide drug policy. The disqualification shall commence with the week in which such a test was conducted, and shall continue for the period of unemployment next ensuing until he has performed services for an employer ~~(i)~~ (a) during 30 days, whether or not such days are consecutive, or ~~(ii)~~ (b) for 240 hours, and subsequently becomes totally or partially separated from such employment.

4. For 52 weeks, beginning with the date of the determination or decision, if the Commission finds that such individual, within 36 calendar months immediately preceding such determination or decision, has made a false statement or representation knowing it to be false, or has knowingly failed to disclose a material fact, to obtain or increase any benefit or payment under this title, the unemployment compensation of any other state, or any other program of the federal government which is administered in any way under this title, either for himself or any other person. Overpayments that have been fraudulently obtained and any penalty assessed against the individual pursuant to § 60.2-636 shall be recoverable as provided in § 60.2-633.

5. If such separation arose as a result of an unlawful act which resulted in a conviction and after his release from prison or jail until he has performed services for an employer for (i) 30 days, whether or not such days are consecutive, or (ii) 240 hours, and subsequently becomes totally or partially separated from such employment.

6. If such separation arose as a condition of the individual’s parole or release from a custodial or penal institution and such individual was participating in the community corrections alternative program pursuant to § 19.2-316.4.

Explanation: The amendment prohibits the Virginia Employment Commission from administering payments under the Federal Pandemic Unemployment Compensation program or the Mixed Earners Unemployment Compensation program, as each is authorized by the federal Coronavirus Aid, Relief, and Economic Security Act of 2020 (the CARES Act). The amendment also requires an individual, in order to be eligible to receive unemployment compensation benefits, after receiving an interview request by an employer offering suitable work, to (i) respond to the interview request within 48 hours using the contact information provided by the employer, (ii) schedule an interview with the employer to take place within seven days or a period outside of seven days if mutually agreed upon by both parties, (iii) appear for the scheduled interview, and (iv) attend any reemployment activity associated with the interview request if required by the employer in its normal course of recruitment, including drug testing, skills assessments, or other similar reemployment activities.

SEN. NORMENT

117. Line 46, introduced, after at

strike

$3,141,030,631

insert

$3,146,030,631

SEN. NORMENT

118. Line 403, introduced, after equipment.

insert

22) $5,000,000 to the Virginia Department of Health (601) to provide support in expanding pediatric hospice and palliative care in the Hampton Roads region by contracting with Edmarc.

Explanation: This amendment provides $5.0 million from federal American Rescue Plan Act funds to expand pediatric hospice and palliative care in the Hampton Roads region by helping build a fully functional pediatric hospice and palliative care program by investing in Edmarc.

SEN. NORMENT (WITHDRAWN)

119. Line 464, introduced

strike

Lines 464-468

SEN. NORMENT (WITHDRAWN)

120. Line 988, introduced

strike

Lines 988-1037

SEN. NORMENT (WITHDRAWN)

121. Line 1038, introduced

strike

insert

SEN. NORMENT (WITHDRAWN)

122. Line 1046, introduced

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SEN. NORMENT (WITHDRAWN)

123. Line 1051, introduced

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SEN. NORMENT (WITHDRAWN)

124. Line 1059, introduced

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SEN. NORMENT (WITHDRAWN)

125. Line 1068, introduced

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SEN. NORMENT (WITHDRAWN)

126. Line 1069, introduced

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SEN. NORMENT (WITHDRAWN)

127. Line 1072, introduced

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SEN. NORMENT (WITHDRAWN)

128. Line 1077, introduced

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SEN. NORMENT (WITHDRAWN)

129. After line 1078, introduced

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27. Any subject matter or topic set forth in this act may be considered separately by either chamber of the General Assembly for the purpose of allowing a member of the General Assembly to abstain from a vote on that object or subject matter due to a conflict of interest.

SEN. NORMENT (WITHDRAWN)

131. After line 1078, introduced

insert

27. That any lines or portions of an item of this act that address a single object or subject matter shall be deemed separate and severable from the act as a whole, and as such may be considered separately by either chamber of the General Assembly for the purpose of allowing a member of the General Assembly to abstain from a vote on that object or subject matter due to a conflict of interest.

SEN. MCPIKE (WITHDRAWN)

133. Line 1009, introduced, after party.

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An institution shall disclose all existing agreements between the institution and third parties to any prospective student-athlete prior to the student-athlete signing an agreement to attend the institution.

SEN. RUFF (WITHDRAWN)

134. Line 46, introduced, after at

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$3,141,030,631

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$3,146,280,631

SEN. RUFF (WITHDRAWN)

135. Line 463, introduced, after 2022.

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11) $250,000 to the Department of Social Services (765) to make necessary renovations to VFW Post 120 in order to assist with sheltering needs for the homeless and veteran community.

Explanation: This amendment provides $250,000 from federal American Rescue Plan Act funds to American Legion Post 120 to make necessary renovations to VFW Post 120 in order to assist with sheltering needs for the homeless and veteran community.