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2022 SESSION

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Senate Committee on Finance and Appropriations

Chair: Janet D. Howell

Clerk: Michael Jackson,Thomas Jackson
Staff: Connor Garstka
Date of Meeting: February 1, 2022
Time and Place: 9 AM - Shared Committee Room B / Pocahontas Building
https://virginia-senate.granicus.com/ViewPublisher.php?view_id=3

S.B. 12

Patron: Suetterlein

Local taxes; surplus revenues. Grants localities permissive authority to return surplus personal property tax revenues to taxpayers. Under current law, localities may return only surplus real property tax revenues.

A BILL to amend and reenact § 15.2-2511.1 of the Code of Virginia, relating to local taxes; surplus revenues.

22101319D

S.B. 17

Patron: Hackworth

Virginia Retirement System; employment of retired law-enforcement officers. Allows a retired law-enforcement officer to continue to receive his service retirement allowance during a subsequent period of employment by a state and local law-enforcement agency, so long as he has a break in service of at least 12 calendar months between retirement and reemployment, did not retire under an early retirement program, and did not retire under the Workforce Transition Act of 1995. The bill also provides that the Director of the Department of Criminal Justice Services shall exempt a law-enforcement officer who has demonstrated sensitivity to cultural diversity issues, had previous experience and training as a law-enforcement officer, is currently receiving or is eligible to receive a service retirement allowance, and has a break in service of no longer than 60 calendar months between retirement and the new employment from the mandatory attendance of all courses which are required for the successful completion of the compulsory minimum training standards.

A BILL to amend and reenact §§ 9.1-116 and 51.1-155 of the Code of Virginia, relating to Virginia Retirement System; employment of retired law-enforcement officers.

22100240D

S.B. 18

Patron: Cosgrove

Virginia Retirement System; retired law-enforcement officers employed as school security officers. Provides that if a retired law-enforcement officer was employed by a local school division as a school security officer on January 1, 2020, and had a bona fide break in service of at least one month between retirement and employment as a school security officer, such person is not required to establish a 12-month break in service that would otherwise be required by law.

A BILL to amend and reenact § 51.1-155 of the Code of Virginia, relating to Virginia Retirement System; retired law-enforcement officers employed as school security officers.

22100627D

S.B. 70

Patron: Newman

Virginia Retirement System; employer contributions. Separates the employer contribution for Virginia Retirement System (VRS) employers participating in the Hybrid Retirement Plan into defined benefit and defined contribution components. The bill requires the Board of Trustees of the VRS to certify to each employer their defined benefit contribution rate and to provide to each employer their estimated defined contribution amounts.

Under current law, VRS is required to determine a single combined employer contribution rate that includes both the defined benefit and defined contribution provisions. Employer contributions are then applied first to the defined contribution component of the hybrid retirement program, with the remainder applied to the defined benefit component.

The substantive provisions of the bill have a delayed effective date of July 1, 2024. However, the bill directs the VRS to make the preparations necessary for full implementation of the act beginning July 1, 2022.

A BILL to amend and reenact § 51.1-145 of the Code of Virginia, relating to Virginia Retirement System; employer contributions.

22100418D

S.B. 104

Patron: Morrissey

Elimination of mandatory minimum sentences; modification of sentence to mandatory minimum term of confinement for felony offenses; report. Except for aggravated murder of a law-enforcement officer, eliminates all mandatory minimum sentences of confinement from the Code of Virginia. The bill directs the Secretary of Public Safety and Homeland Security to establish a work group to evaluate the feasibility of resentencing persons previously convicted of a felony offense that was punishable by a mandatory minimum term of confinement and to report its findings by November 1, 2022.

A BILL to amend and reenact §§ 3.2-4212, 4.1-302, 16.1-253.2, 18.2-36.1, 18.2-36.2, 18.2-46.3:3, 18.2-51.1, 18.2-53.1, 18.2-57, 18.2-60.4, 18.2-61, 18.2-67.1, 18.2-67.2, 18.2-67.5:2, 18.2-67.5:3, 18.2-154, 18.2-186.4, 18.2-248, 18.2-248.01, 18.2-248.03, 18.2-248.1, 18.2-248.5, 18.2-255, 18.2-255.2, 18.2-270, 18.2-308.1, 18.2-308.2, 18.2-308.2:2, 18.2-308.4, 18.2-374.1, 18.2-374.1:1, 18.2-374.3, 19.2-297.1, 46.2-341.28, 46.2-391, 46.2-865.1, and 53.1-203 of the Code of Virginia, relating to elimination of mandatory minimum sentences; modification of sentence to mandatory minimum term of confinement for felony offenses.

22100637D

S.B. 105

Patron: Morrissey

Chapters 45 and 51 of the Acts of Assembly of 2020, Special Session I; retroactive and prospective effect. Provides that the provisions of Chapters 45 and 51 of the Acts of Assembly of 2020, Special Session I, shall be given retroactive and prospective effect.

A BILL to give the provisions of Chapters 45 and 51 of the Acts of Assembly of 2020, Special Session I, retroactive and prospective effect.

22102985D

S.B. 108

Patron: Morrissey

Correctional facilities; use of isolated confinement. Prohibits the use of isolated confinement in state correctional facilities and juvenile correctional centers, subject to certain exceptions. Isolated confinement is defined in the bill as confinement of an incarcerated person or juvenile to a cell, alone or with another incarcerated person or juvenile, for 20 hours or more per day, other than for the purpose of providing medical or mental health treatment. The bill has a delayed effective date of July 1, 2023.

A BILL to amend the Code of Virginia by adding sections numbered 53.1-39.2 and 66-20.1, relating to correctional facilities; use of isolated confinement.

22100980D

S.B. 110

Patron: Morrissey

Juvenile offenders; parole eligibility. Provides that any person who has active sentences that total more than 20 years for a single felony offense or multiple felony offenses committed while that person was a juvenile and who has served the lesser of at least 20 years of such sentences or 30 percent of the term of imprisonment imposed for such sentences shall be eligible for parole. Under current law, such person must have served at least 20 years before becoming parole eligible.

A BILL to amend and reenact § 53.1-165.1 of the Code of Virginia, relating to juvenile offenders; parole eligibility.

22101930D

S.B. 213

Patron: McPike

Virginia Retirement System and local retirement systems; fossil fuel divestment; report. Requires the Virginia Retirement System and local retirement systems to divest from fossil fuel companies by January 1, 2027.

A BILL to amend and reenact §§ 51.1-124.30, 51.1-803, and 51.1-1003 of the Code of Virginia and to amend the Code of Virginia by adding in Article 3.1 of Chapter 1 of Title 51.1 a section numbered 51.1-124.41, relating to Virginia Retirement System and local retirement systems; fossil fuel divestment; report.

22100517D

S.B. 219

Patron: McPike


Virginia Employment Commission; administrative reforms; reporting requirements; electronic submissions; Appeals Ombudsman established. Requires the Virginia Employment Commission to calculate and report the (i) average unemployment insurance benefit levels, (ii) average income replacement of unemployment insurance benefits, and (iii) recipiency rate for unemployment insurance benefits in the Commonwealth as part of the Commission's annual balance sheet. The bill also requires the Commission, as part of its biennial strategic plan submitted to the Department of Planning and Budget, to develop and maintain an unemployment insurance Resiliency Plan that describes the specific actions the agency would take, depending on the level of increase in unemployment insurance (UI) claims, to address staffing, communications, and other relevant aspects of operations to ensure continued efficient and effective administration of the UI program.

The bill creates within the Commission on Unemployment Compensation a subcommittee that shall be responsible for monitoring the Virginia Employment Commission's management of the unemployment insurance program. The subcommittee shall meet at least once each quarter and shall report annually, beginning on December 1, 2022, to the House Committee on Appropriations, the House Committee on Labor and Commerce, the Senate Committee on Commerce and Labor, and the Senate Committee on Finance and Appropriations. The bill also directs the Commission to convene an advisory committee composed of stakeholders and subject matter experts to review information related to UI claims.

The bill authorizes the Virginia Employment Commission to request, at any time, that an employer submit information related to a claim, including separation information, or unemployment insurance tax payments through electronic means, unless the employer has been granted a waiver by the Commission.

The bill provides that a claim for unemployment benefits that has been determined invalid by the Virginia Employment Commission as a result of the claimant's monetary ineligibility is not eligible for appeal through the Commission's appeals division. The bill also creates an Appeals Ombudsman position for the purpose of providing information and assistance to persons seeking assistance in unemployment appeals proceedings and exempts confidential case files of the Appeals Ombudsman from the mandatory disclosure provisions of the Virginia Freedom of Information Act.

The bill directs the Virginia Department of Human Resource Management to lead a multi-agency work group to discuss strategies for staffing assistance and support for agencies that might need staffing assistance during emergencies. Additionally, the Virginia Employment Commission is directed to task its internal audit division to review and revise documents and online resources related to unemployment compensation.

A BILL to amend and reenact §§ 2.2- 3705.7, 30-222, 60.2-111, and 60.2-619, as it is currently effective and as it shall become effective, of the Code of Virginia and to amend the Code of Virginia by adding in Article 2 of Chapter 1 of Title 60.2 sections numbered 60.2-121.2 and 60.2-121.3, relating to Virginia Employment Commission; administrative reforms; reporting requirements; electronic submissions; Appeals Ombudsman position established.

22101014D

S.B. 271

Patron: Ebbin

Living organ donors; discrimination prohibited; unpaid leave; civil penalty. Prohibits any person from refusing to insure, refusing to continue to insure, or limiting the amount or extent of life insurance, disability insurance, or long-term care insurance coverage available to an individual or to charge an individual a different rate for the same coverage based solely and without any additional actuarial risks upon the status of such individual as a living organ donor. The bill requires that an employer that employs 15 or more employees provide eligible employees with (i) up to 60 business days of unpaid organ donation leave in any 12-month period to serve as an organ donor and (ii) up to 30 business days of unpaid organ donation leave in any 12-month period to serve as a bone marrow donor. The bill requires the employer to restore the employee's position following the leave, to continue to provide coverage for the employee under any health benefit plan, and to pay the employee any commission earned prior to the leave. The bill prohibits the employer from taking retaliatory action against the employee for taking organ donation leave. The bill requires the Commissioner of Labor and Industry to enforce its provisions and provides for civil penalties for violations of its requirements.

A BILL to amend and reenact § 38.2-508 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 3 of Title 40.1 an article numbered 2.2, consisting of sections numbered 40.1-33.7 through 40.1-33.12, relating to living organ donors; insurance discrimination prohibited and unpaid organ donation leave; civil penalty.

22100578D

S.B. 354

Patron: Stuart

James River watershed; timeline for compliance with regulations of certain combined sewer overflow outfalls. Advances the timeline from 2035 to 2030 for work on construction related to any consent special order issued by the State Water Control Board for certain combined sewer overflow systems east of Charlottesville that discharge into the James River. The dates of interim steps to completion are also advanced.

A BILL to amend and reenact §§ 2 and 4 of Chapter 634 of the Acts of Assembly of 2020, relating to James River watershed; timeline for compliance with regulations of certain combined sewer overflow outfalls.

22102283D

S.B. 355

Patron: Stuart

Enhanced Nutrient Removal Certainty Program; Fredericksburg wastewater treatment facility. Adds the Fredericksburg wastewater treatment facility to the list of priority projects for the Enhanced Nutrient Removal Certainty Program.

A BILL to amend and reenact §§ 10.1-1186.01 and 62.1-44.19:14 of the Code of Virginia, relating to Enhanced Nutrient Removal Certainty Program; Fredericksburg wastewater treatment facility.

22101162D

S.B. 363

Patron: Stuart

Distribution of recordation tax to cities and counties. Reestablishes the distribution of $20 million of state recordation tax revenue to counties and cities to be used for transportation or public education purposes. Legislation in 2020 dedicated the $20 million to the Hampton Roads Regional Transit Program.

A BILL to amend and reenact § 58.1-816, as it is currently effective and as it may become effective, of the Code of Virginia, relating to distribution of recordation tax to cities and counties.

22102037D

S.B. 367

Patron: Reeves

Horse racing tax. Provides that 0.01 percent of the amount that a horse racing licensee retains from wagering on historical horse racing pools shall be deposited in the Problem Gambling Treatment and Support Fund. The bill reduces from 0.75 percent to 0.74 percent the percentage of such retained amount that accrues to the general fund.

A BILL to amend and reenact § 59.1-392 of the Code of Virginia, relating to horse racing tax.

22104078D

S.B. 372

Patron: Hackworth

Department of Planning and Budget; Regulatory Budget Program; report. Directs the Department of Planning and Budget, under the direction of the Secretary of Finance, to establish a continuous Regulatory Budget Program with the goal of setting a target for each executive branch agency subject to the Administrative Process Act to (i) reduce regulations and regulatory requirements, (ii) maintain the current number of regulations and regulatory requirements, or (iii) allow regulations and regulatory requirements to increase by a specific amount over a two-year period. The bill requires the Secretary of Finance to report to the Speaker of the House of Delegates and the Chairman of the Senate Committee on Rules on the status of the Program no later than October 1 of each odd-numbered year. Finally, the bill provides that the Department, in consultation with the Office of the Attorney General, shall, by October 1, 2024, issue guidance for agencies regarding the Program and how an agency can comply with the requirements of the Program.

A BILL to amend the Code of Virginia by adding a section numbered 2.2-1501.2, relating to the Department of Planning and Budget; Regulatory Budget Program; report.

22101485D

S.B. 382

Patron: McDougle

Virginia Retirement System; increased retirement allowance for certain judges. Increases, for the purposes of determining benefits provided under the Judicial Retirement System, the retirement multiplier from 1 percent to 1.7 percent. The increase would apply only to judges appointed on or after July 1, 2022, who are participants in the hybrid retirement program, and who are at least age 55 at the time of appointment.

A BILL to amend and reenact § 51.1-169 of the Code of Virginia, relating to Virginia Retirement System; increased retirement allowance for certain judges.

22101368D

S.B. 385

Patron: McDougle

Local license taxes; limitation of authority. Prohibits a locality from imposing a license tax on a director of a bank or trust company that is subject to the bank franchise tax.

A BILL to amend and reenact § 58.1-3703 of the Code of Virginia, relating to local license taxes; limitation of authority.

22102974D

S.B. 468

Patron: DeSteph

Virginia Retirement System; Line of Duty Act; medical reviews to be conducted by Virginia practitioners. Provides that, for any medical review of a claim made pursuant to the provisions of the Line of Duty Act, the Virginia Retirement System shall require that such review be conducted by a doctor, nurse, or psychologist who is licensed in Virginia or a contiguous state. The bill has a delayed effective date of July 1, 2023.

A BILL to amend and reenact §§ 9.1-404 and 9.1-405 of the Code of Virginia, relating to Virginia Retirement System; Line of Duty Act; medical reviews to be conducted by Virginia practitioners.

22100890D

S.B. 488

Patron: McClellan

Transit Transition Fund and Program; established. Establishes the Transit Transition Fund and Program, administered by the Department of Rail and Public Transportation, to provide grants to state, regional, and local public entities to support the transition of public transit fleets to zero-emission and low-emission fleets. The Director of the Department is directed by the bill to report annually to the Governor and the chairmen of the House Committee on Appropriations and the Senate Committee on Finance and Appropriations by November 1 of each year. The bill also directs 7.5 percent of the revenues collected from the tax on sports betting permittees to the Fund, reducing the share of the tax revenue allocated to the general fund.

A BILL to amend and reenact § 58.1-4038 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 33.2-1526.3:1, relating to Transit Transition Fund and Program; established.

22103087D

S.B. 502

Patron: Lewis

Local taxation for solar photovoltaic projects less than five megawatts. Provides that generating equipment of solar photovoltaic projects less than five megawatts shall be taxable by a locality, at a rate determined by such locality, but shall not exceed the real estate rate applicable in that locality, and that the exemption shall be as follows: 80 percent of the assessed value in the first five years in service after commencement of commercial operation, 70 percent of the assessed value in the second five years in service, and 60 percent of the assessed value for all remaining years in service. The bill also provides that (i) solar photovoltaic projects less than five megawatts shall not be exempt from the assessment of a revenue share by ordinance of that locality and (ii) nothing in the bill shall be construed to authorize local taxation of generating or storage equipment of solar photovoltaic projects that serve the electricity needs of that property upon which such solar facilities are located.

A BILL to amend the Code of Virginia by adding a section numbered 58.1-2606.1, relating to local taxation of machinery and tools used directly in producing or generating renewable energy for certain solar projects; revenue share assessment.

22104123D

S.B. 507

Patron: Lewis

Virginia Retirement System; benefits for certain local law-enforcement employees. Requires localities to use the 1.85 percent multiplier for determining the annual retirement allowance for local law-enforcement officers receiving benefits similar to those provided to State Police officers. Currently, localities may elect to provide a 1.7 percent multiplier in lieu of the 1.85 percent multiplier.

A BILL to amend and reenact § 51.1-138 of the Code of Virginia, relating to Virginia Retirement System; benefits for certain local law-enforcement employees.

22101824D

S.B. 512

Patron: Suetterlein

Distribution of recordation tax to cities and counties. Reestablishes the distribution of $20 million of state recordation tax revenue to counties and cities to be used for transportation or public education purposes. Legislation in 2020 dedicated the $20 million to the Hampton Roads Regional Transit Program.

A BILL to amend and reenact § 58.1-816, as it is currently effective and as it may become effective, of the Code of Virginia, relating to distribution of recordation tax to cities and counties.

22103156D

S.B. 522

Patron: Lucas

Toll Relief Program; eligibility. Requires the Department of Transportation to expand eligibility for the Toll Relief Program for the tolls on the Downtown and Midtown Tunnels to residents of the Cities of Portsmouth and Norfolk with an income of $45,000 or less per year. The bill requires that all eligible residents receive the same toll relief regardless of income level. The bill provides that funding for the additional toll relief shall be paid by the Commonwealth from the federal American Rescue Plan Act (ARPA), as possible, and any costs not covered by the ARPA shall be the responsibility of the Commonwealth. The bill expires on January 1, 2025.

A BILL to expand eligibility for the Toll Relief Program.

22101993D

S.B. 534

Patron: Marsden

Consumer Data Protection Act; enforcement; Consumer Privacy Fund. Authorizes the Attorney General to pursue actual damages to consumers to the extent they exist if a controller or processor of the personal data of Virginians continues to violate the Consumer Data Protection Act following a 30-day cure period offered by the Attorney General or breaches an express written statement provided to the Attorney General. Political organizations are classified as nonprofit organizations and thus exempt from the Act. The bill specifies that the Attorney General may deem whether a cure under the provisions of the Act is possible for consumers. In addition, the bill abolishes the Consumer Privacy Fund and all civil penalties, expenses, and attorney fees collected from enforcement of the Act shall be deposited into the Regulatory, Consumer Advocacy, Litigation, and Enforcement Revolving Trust Fund.

A BILL to amend and reenact §§ 59.1-575 and 59.1-584, as they shall become effective, of the Code of Virginia and to repeal § 59.1-585 of the Code of Virginia, relating to Consumer Data Protection Act; enforcement; Consumer Privacy Fund.

22103309D

S.B. 585

Patron: Reeves

Virginia Retirement System; enhanced retirement benefits for 911 dispatchers. Adds 911 dispatchers to the list of local employees eligible to receive enhanced retirement benefits for hazardous duty service. Under current law, localities may provide such benefits to first responders, including firefighters and emergency medical technicians, and certain other hazardous duty positions.

A BILL to amend and reenact § 51.1-138 of the Code of Virginia, relating to Virginia Retirement System; enhanced retirement benefits for 911 dispatchers.

22101540D

S.B. 620

Patron: Cosgrove

Real property taxes; rate of increase. Requires the governing body of a locality to hold a referendum before making most increases in their real property tax rate. Under current law, the governing body of a locality is required to limit their real property tax rate to a rate that would collect no more than 101 percent of the amount of real property taxes collected for the previous year. Increases above this rate may only be imposed if the locality holds a public meeting. The bill replaces the public meeting requirement with a requirement that any such increase be approved in a referendum.

A BILL to amend and reenact § 58.1-3321 of the Code of Virginia, relating to real property taxes; rate of increase.

22104159D

S.B. 683

Patron: Marsden

Sales and use tax; media-related exemptions. Makes changes to the sales and use tax exemption for amplification, transmission, and distribution equipment used to provide Internet services. Under the bill, the exemption would apply to network equipment used to provide Internet service, regardless of whether the provider of such service is also a telephone common carrier or whether such network is also used to provide services other than Internet services.

A BILL to amend and reenact §§ 58.1-602 and 58.1-609.6 of the Code of Virginia, relating to sales and use tax; media-related exemptions.

22103553D

S.B. 686

Patron: Mason

Local tax; solar facility exemption. Provides that any solar facility installed pursuant to existing local regulation of solar facilities laws is declared a separate class of property and shall be classified for local taxation separately from other classifications of real or personal property. Such facilities shall be wholly exempt from state and local taxation under the Constitution of Virginia.

A BILL to amend and reenact § 58.1-3661 of the Code of Virginia, relating to local tax; solar facility exemption.

22103937D

S.B. 701

Patron: Kiggans

Sales and use tax exemption; aircraft components. Eliminates the sunset date for the sales and use tax exemption for parts, engines, and supplies used for maintaining, repairing, or reconditioning aircraft or any aircraft's avionics system, engine, or component parts.

A BILL to amend and reenact § 58.1-609.10 of the Code of Virginia, relating to sales and use tax exemption; aircraft components.

22104399D

S.B. 748

Patron: McDougle

Tobacco products tax; remote retail sales. Imposes the tobacco products tax on cigars and pipe tobacco sold by remote retail sellers, defined in the bill, to consumers in the Commonwealth. The bill provides that such remote retail sellers must be licensed to avoid penalties for such sales and requires such remote retail sellers to maintain records and file a monthly report to the Department of Taxation.

A BILL to amend and reenact §§ 58.1-1021.01, 58.1-1021.02, 58.1-1021.04, 58.1-1021.04:1, and 58.1-1021.04:2 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 58.1-1021.02:2, relating to tobacco products tax; remote retail sales.

22104299D

S.B. 752

Patron: Stuart

Virginia Law Officers' Retirement System; eligibility. Adds sworn members of the enforcement division of the Department of Motor Vehicles and conservation officers of the Department of Conservation and Recreation to the membership of the Virginia Law Officers' Retirement System.

A BILL to amend and reenact § 51.1-212 of the Code of Virginia, relating to Virginia Law Officers' Retirement System; eligibility.

22103313D

S.B. 755

Patron: Lucas


Compensation for wrongful incarceration. Restructures how a wrongfully incarcerated person is compensated. Under current law, a person receives 90 percent of per capita income for each year he was incarcerated. Under the bill, compensation is linked to median household income, and a person receives additional amounts if he was sentenced to death, served on parole, or was required to register as a sex offender. The bill directs the compensation to be awarded to the person as a lump sum, rather than, as under current law, awarding 20 percent as a lump sum and using the remaining 80 percent to purchase an annuity.

The bill creates an income tax subtraction starting in taxable year 2022 for compensation received under the bill and enables the estate or personal representative of a decedent who was wrongfully incarcerated to seek compensation.

The bill eliminates provisions of current law that require a person to forfeit unpaid compensation if the person is subsequently convicted. The bill removes the following requirements for a person to receive compensation for wrongful incarceration: (i) that the person shall have entered a final plea of not guilty, or, regardless of the plea, the person incarcerated was convicted of a Class 1 felony, a Class 2 felony, or any felony for which the maximum penalty is imprisonment for life and (ii) that the person incarcerated did not by any act or omission on his part intentionally contribute to his conviction for the felony for which he was incarcerated.

A BILL to amend and reenact §§ 8.01-195.10 through 8.01-195.13, 19.2-389, and 58.1-322.02 of the Code of Virginia, relating to compensation for wrongful incarceration.

22104851D