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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 2, 2022
Time and Place: 9 AM - Shared Committee Room B / Pocahontas Building
Updated: HB828, SB94, SB583, SB630 added

H.B. 828

Patron: Wilt

Dairy Producer Margin Coverage Premium Assistance Program; emergency. Expands eligibility for participation in the Dairy Producer Margin Coverage Premium Assistance Program to include dairy producers who have an approved Natural Resource Conservation Service nutrient management or soil health plan developed by an approved planner. The bill also changes the application deadline from February 1 to May 15 each year and includes an emergency clause.

A BILL to amend and reenact § 3.2-3305 of the Code of Virginia, relating to Dairy Producer Margin Coverage Premium Assistance Program; emergency.

22102586D

EMERGENCY

S.B. 6

Patron: Surovell

Maximum number of judges in each judicial circuit. Increases from six to seven the maximum number of authorized judges in the Thirty-first Judicial Circuit. This bill is a recommendation of the Judicial Council of Virginia.

A BILL to amend and reenact § 17.1-507 of the Code of Virginia, relating to the maximum number of judges in each judicial circuit.

22100512D

S.B. 21

Patron: Locke

Constitutional amendment (voter referendum); qualifications of voters and the right to vote; persons not entitled to vote. Provides for a referendum at the November 8, 2022, general election to approve or reject an amendment that would provide for the fundamental right to vote in the Commonwealth, revise the qualifications of voters so that a person convicted of a felony is not entitled to vote during his period of incarceration but is automatically invested with the right to vote upon release from incarceration, and update the existing prohibition on voting by persons found to be mentally incompetent to instead apply to persons who have been found to lack the capacity to understand the act of voting.

A BILL to provide for the submission to the voters of a proposed amendment to Section 1 of Article II of the Constitution of Virginia, relating to qualifications of voters and the right to vote; persons not entitled to vote.

22100350D

S.B. 56

Patron: Favola

Foster Care Prevention program. Establishes the Foster Care Prevention program to facilitate placements with relatives and ensure that such relatives are provided with the resources necessary to provide care for the child. The bill provides that a child is eligible to participate in the Foster Care Prevention program if the local department of social services (local department) determines that (i) the child is in the custody of a relative pursuant to a court order; (ii) the child's parent or guardian voluntarily placed the child with such relative; (iii) the child demonstrates a strong attachment to the relative, and the relative has a strong commitment to caring for the child; and (iv) had the relative not agreed to take custody of the child, the local department likely would have filed a petition to remove the child from his home due to an imminent threat of child abuse or neglect. The bill requires relatives seeking to receive Foster Care Prevention program payments to enter into an agreement with the local department and Department of Social Services that describes the manner in which payments will be provided and establishes the amount of such payments. The bill requires the juvenile and domestic relations court, in any custody case involving the Foster Care Prevention program wherein a relative is awarded custody of a child, to establish the timelines of the custody order and allows the court to order the local department to provide case management services.

A BILL to amend and reenact § 16.1-278.15 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 13 of Title 63.2 a section numbered 63.2-1307, relating to Foster Care Prevention program.

22100669D

S.B. 84

Patron: Stanley

New College Institute; noncredit workforce training. Permits the board of directors at New College Institute to provide specialized noncredit workforce training independent of local comprehensive community colleges when such community colleges are unable to meet identified industry needs. Under current law, if comprehensive community colleges are unable to meet identified industry needs, the board may seek to collaborate with other education providers or other public and private organizations to provide specialized noncredit workforce training but does not have the explicit authority to provide such training on its own.

A BILL to amend and reenact § 23.1-3113 of the Code of Virginia, relating to New College Institute; noncredit workforce training.

22101410D

S.B. 94

Patron: Howell

Conformity of the Commonwealth's taxation system with the Internal Revenue Code; emergency. Advances Virginia's date of conformity with the Internal Revenue Code from December 31, 2020, to December 31, 2021. The bill also deconforms from provisions of the (i) federal Coronavirus Aid, Relief, and Economic Security Act (CARES Act) related to the net operating loss limitation and carryback, a loss limitation applicable to taxpayers other than corporations, the limitation on business interest, and certain loan forgiveness and other business financial assistance and (ii) federal American Rescue Plan Act related to restaurant revitalization grants and emergency injury disaster loans received for taxable years beginning before January 1, 2021. The bill contains an emergency clause.

A BILL to amend and reenact § 58.1-301 of the Code of Virginia, relating to conformity of the Commonwealth's taxation system with the Internal Revenue Code; emergency.

22102998D

EMERGENCY

S.B. 136

Patron: Edwards

Compensation of court-appointed counsel. Increases the statutory caps for fees paid to court-appointed counsel in indigent cases.

A BILL to amend and reenact § 19.2-163 of the Code of Virginia, relating to compensation of court-appointed counsel.

22100119D

S.B. 138

Patron: Edwards

Discovery in criminal cases; copies of discovery for the accused. Provides that for any discovery materials or evidence that the accused is permitted to inspect and review, the accused may request the Commonwealth to copy or photograph such discovery materials or evidence, and the Commonwealth shall provide such copies or photographs to the accused or his counsel.

A BILL to amend and reenact § 19.2-265.4 of the Code of Virginia, relating to discovery in criminal cases; copies of discovery for the accused.

22100389D

S.B. 153

Patron: Locke

Governor's Office; position of Secretary of Diversity, Equity, and Inclusion created. Eliminates the position of Director of Diversity, Equity, and Inclusion in the Office of the Governor and establishes the position of Secretary of Diversity, Equity, and Inclusion, to be appointed by the Governor and to assist the Governor and Governor's Secretaries in promoting diversity, equity, and inclusion at the state level. The bill outlines the responsibilities of the Secretary. The bill makes several changes in Code to reflect the new position by eliminating references to the Office of Diversity, Equity, and Inclusion and replacing these references with the Secretary of Diversity, Equity, and Inclusion.

A BILL to amend and reenact §§ 2.2-200, 2.2-205, 2.2-602, 2.2-2497, 2.2-2499.5, 2.2-2499.7, 2.2-2499.8, 4.1-604, 22.1-208.02, 22.1-365, and 44-146.18 of the Code of Virginia; to amend the Code of Virginia by adding in Chapter 2 of Title 2.2 an article numbered 13, consisting of sections numbered 2.2-236 and 2.2-237; and to repeal § 2.2-435.12 of the Code of Virginia, relating to Governor's Office; position of Secretary of Diversity, Equity, and Inclusion created.

22102319D

S.B. 158

Patron: Hashmi

Virginia Black, Indigenous, and People of Color Historic Preservation Fund established. Establishes the Virginia Black, Indigenous, and People of Color Historic Preservation Fund for the purpose of awarding grants to eligible state-recognized and federally recognized Indian tribes, private nonprofit organizations, and localities for the eligible costs of acquiring land or permanent protective interest therein, and of undertaking preservation activities on such land, that is of cultural or historic significance to Black, indigenous, or people of color communities. The bill provides that land or interests acquired with grant funds shall grant the Board of Historic Resources or other holder a perpetual preservation interest in the property.

A BILL to amend and reenact § 10.1-2204 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 10.1-2202.5, relating to Virginia Black, Indigenous, and People of Color Historic Preservation Fund established.

22103144D

S.B. 165

Patron: Peake

Compensation of local jails for cost of incarceration. Provides for local jails to be compensated for the actual cost of incarcerating convicted felons at the rate calculated in the Compensation Board's annual jail cost report. Current law provides for jails to be compensated for the cost of incarceration of convicted felons as provided for in the general appropriation act.

A BILL to amend and reenact § 53.1-20.1 of the Code of Virginia, relating to compensation of local jails for cost of incarceration.

22102223D

S.B. 191

Patron: Mason

Compensation of experts in criminal cases. Increases from $750 to $1,200 the maximum fee that the court may pay for professional services rendered by each psychiatrist, clinical psychologist, or other expert appointed by the court to render professional service in a criminal case other than for aggravated murder cases.

A BILL to amend and reenact § 19.2-175 of the Code of Virginia, relating to compensation of experts in criminal cases.

22100566D

S.B. 195

Patron: Mason


Group health benefit plans; bona fide associations; formation of benefits consortium. Provides that certain trusts constitute a benefits consortium and are authorized to sell health benefits plans to members of a sponsoring association that (i) has been formed and maintained in good faith for purposes other than obtaining or providing health benefits; (ii) does not condition membership in the sponsoring association on any factor relating to the health status of an individual, including an employee of a member of the sponsoring association or a dependent of such an employee; (iii) makes any health benefit plan available to all members regardless of any factor relating to the health status of such members or individuals eligible for coverage through a member; (iv) does not make any health benefit plan available to any person who is not a member of the association; (v) makes available health plans or health benefit plans that meet requirements provided for in the bill; (vi) operates as a nonprofit entity under § 501(c)(5) or 501(c)(6) of the Internal Revenue Code; and (vii) has been in active existence for at least five years. The bill replaces references to "bona fide association," as used in provisions applicable to health care plans in the small employer market, with the term "sponsoring association."

The bill requires any health benefit plan issued by a self-funded multiple employer welfare arrangement (MEWA) that covers one or more employees of one or more small employers to (a) provide essential health benefits and cost-sharing requirements; (b) offer a minimum level of coverage designed to provide benefits that are actuarially equivalent to 60 percent of the full actuarial value of the benefits provided under the plan; (c) not limit or exclude coverage for an individual by imposing a preexisting condition exclusion on that individual; (d) be prohibited from establishing discriminatory rules based on health status related to eligibility or premium or contribution requirements as imposed on health carriers; (e) meet the renewability standards set forth for health insurance issuers; (f) establish base rates formed on an actuarially sound, modified community rating methodology that considers the pooling of all participant claims; and (g) utilize each employer member's specific risk profile to determine premiums by actuarially adjusting above or below established base rates, and utilize either pooling or reinsurance of individual large claimants to reduce the adverse impact on any specific employer member's premiums.

The bill prohibits a self-funded MEWA from issuing health benefit plans in the Commonwealth until it has obtained a license pursuant to regulations promulgated by the State Corporation Commission. The bill authorizes the Commission to adopt regulations applicable to self-funded MEWAs, including regulations addressing financial condition, solvency requirements, and the exclusion of self-funded MEWAs from the Virginia Life, Accident and Sickness Insurance Guaranty Association.

A BILL to amend and reenact §§ 38.2-508.5, 38.2-3420, 38.2-3431, 38.2-3432.1, 38.2-3432.2, 38.2-3432.3, and 38.2-3521.1 of the Code of Virginia and to amend the Code of Virginia by adding in Title 59.1 a chapter numbered 55, consisting of sections numbered 59.1-589 through 59.1-592, relating to group health benefit plans; sponsoring associations; formation of benefits consortium.

22100845D

S.B. 196

Patron: Mason

Alcoholic beverage control; tax allocation; funding for Virginia Spirits Promotion Fund. Requires that 20 percent of the 20 percent tax levied on alcoholic beverages sold by the Board of Directors of the Virginia Alcoholic Beverage Control Authority that is attributable to the sale of spirits produced by a distiller licensee be deposited in the Virginia Spirits Promotion Fund.

A BILL to amend and reenact §§ 3.2-3012 and 4.1-235 of the Code of Virginia, relating to alcoholic beverage control; tax allocation; funding for Virginia Spirits Promotion Fund.

22101349D

S.B. 221

Patron: Obenshain

Circuit court clerks; will index; online database. Requires circuit court clerks to make their will indices available to the public in online, searchable databases.

A BILL to amend and reenact § 64.2-409 of the Code of Virginia, relating to circuit court clerks; will index; online database.

22102967D

S.B. 231

Patron: Suetterlein

Department of Medical Assistance Services; amend waivers providing services for individuals with developmental disabilities; greater financial flexibility for certain services; report. Directs the Department of Medical Assistance Services to (i) take steps to amend the Family and Individual Supports, Community Living, and Building Independence waivers to combine the maximum annual allowable amount for assistive technology, electronic home-based support services, and environmental modifications for an individual receiving waiver services, for an annual total of $15,000, to provide for greater flexibility and better meet the needs of individuals receiving services and (ii) report on its progress to the Governor and the General Assembly by December 1, 2022.

A BILL to require the Department of Medical Assistance Services to take steps to amend certain waivers providing services for individuals with developmental disabilities to provide greater financial flexibility for certain services.

22103837D

S.B. 250

Patron: Surovell

Nonhazardous solid waste fees. Increases the annual fees for nonhazardous solid waste management facilities and indexes the fees annually based on the change in the Consumer Price Index.

A BILL to amend and reenact §§ 10.1-1402.1 and 10.1-1402.1:1 of the Code of Virginia, relating to nonhazardous solid waste fees.

22103053D

S.B. 270

Patron: Hashmi

Administration of government; language access equity; report. Establishes the Interagency Language Access Working Group in the Office of the Director of Diversity, Equity, and Inclusion with the following membership: the Director of Diversity, Equity, and Inclusion, the Director of the Office of the Children's Ombudsman, the Governor's Secretaries, and six nonlegislative citizen members representing organizations that represent individuals with language access needs. The Working Group is established for the purpose of maximizing state policies, resources, technical assistance, and procurement practices to further language access and equity in the Commonwealth and its state government agencies. The bill also requires each state agency to designate a language access coordinator who will be responsible for the agency's annual language access report, the requirements of which are set out in the bill. The Secretary of Administration is directed to establish criteria for state agencies to procure language interpretation and translation services and to establish a policy for compensating multilingual state employees who are required as part of their job to provide interpretation, translation, or other bilingual skills at least once a month.

A BILL to amend the Code of Virginia by adding in Article 2 of Chapter 2 of Title 2.2 a section numbered 2.2-203.2:6, by adding in Chapter 4.2:2 of Title 2.2 a section numbered 2.2-435.13, and by adding a section numbered 2.2-604.3, relating to administration of government; language access equity; report.

22104256D

S.B. 282

Patron: Ebbin

Supplementing compensation of public defender. Requires the governing body of any county or city that elects to supplement the compensation of the attorney for the Commonwealth, or any of his deputies or his employees, above the salary of any such officer, deputy, or employee to supplement the compensation of the public defender, or any of his deputies or employees. The bill provides that such supplemental compensation is proportional if the public defender, his deputies, and his other employees are each paid in amounts commensurate to the closest equivalent position in the local Office of the Commonwealth's Attorney, as adjusted for seniority and experience level. The bill has a delayed effective date of July 1, 2024.

A BILL to amend and reenact § 19.2-163.01:1 of the Code of Virginia, relating to supplementing compensation of public defender.

22103779D

S.B. 289

Patron: DeSteph

Workers' compensation; anxiety disorder or depressive disorder incurred by law-enforcement officers and firefighters. Provides that an anxiety disorder or depressive disorder, as both are defined in the bill, incurred by a law-enforcement officer or firefighter is compensable under the Virginia Workers' Compensation Act on the same basis as post-traumatic stress disorder. The bill provides that a mental health professional must diagnose the law-enforcement officer or firefighter as suffering from anxiety disorder or depressive disorder as a result of a qualifying event, as defined in the Code, and includes other conditions for compensability.

A BILL to amend and reenact § 65.2-107 of the Code of Virginia, relating to workers' compensation; anxiety disorder or depressive disorder incurred by law-enforcement officers and firefighters.

22101635D

S.B. 299

Patron: Deeds

Virginia Sexual and Domestic Violence Victim Fund; purpose; fee apportionment. Provides that the Department of Criminal Justice Services shall adopt guidelines to make funds from the Virginia Sexual and Domestic Violence Victim Fund, which is used to support the prosecution of domestic violence cases and victim services, available to sexual assault service providers and hospitals for the purpose of funding the cost of salaries and equipment for sexual assault forensic examiners, sexual assault nurse examiners, and pediatric forensic nurses, with priority for funding such costs given to such forensic examiners, nurse examiners, and forensic nurses serving rural and underserved communities. The bill also increases the amount apportioned to the Fund from the fixed-fee assessments for misdemeanors and traffic infractions tried in district court.

A BILL to amend and reenact §§ 9.1-116.1 and 16.1-69.48:1 of the Code of Virginia, relating to Virginia Sexual and Domestic Violence Victim Fund; purpose.

22101487D

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. 358

Patron: Stuart

Seafood Industry Employment Ombudsman; office created. Directs the Commissioner of Marine Resources to appoint a Seafood Industry Employment Ombudsman (the Ombudsman) and establish an Office of the Seafood Industry Employment Ombudsman (the Office) to assist employees and employers in the seafood industry in understanding their rights and the processes available to them, including rights and processes available according to the laws and regulations governing temporary worker visas.

The bill requires that the Ombudsman is an attorney and provides that the Ombudsman and Office personnel are immune from civil liability in their performance of their duties. The bill also requires the Office to maintain the confidentiality of records and exempts confidential materials and communications from mandatory disclosure under the Virginia Freedom of Information Act. Finally, the bill authorizes the Marine Resources Commission to adopt regulations necessary to carry out the provisions of the bill.

A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 1 of Title 28.2 a section numbered 28.2-105.1, relating to Seafood Industry Employment Ombudsman.

22100238D

S.B. 380

Patron: McDougle

Sales tax; exemption for food purchased for human consumption and essential personal hygiene products. Exempts food purchased for human consumption and essential personal hygiene products (the grocery tax) from all state, regional, and local sales taxes. The bill dedicates state sales tax revenue to provide a supplemental school payment to counties and cities. For fiscal year 2023, the payment is the county or city's fiscal year 2022 distribution of revenue from the grocery tax. For fiscal year 2024 and after, the payment is the previous year's payment multiplied by the county or city's local sales tax index, defined in the bill as the ratio by which sales tax revenues in a county or city for the current year exceed the previous year's revenues.

A BILL to amend and reenact §§ 58.1-603.1, as it is currently effective and as it may become effective, 58.1-603.2, 58.1-604.01, as it is currently effective and as it may become effective, 58.1-605.1, 58.1-606.1, 58.1-611.1, 58.1-638, and 58.1-2425, as it is currently effective and as it may become effective, of the Code of Virginia, relating to sales tax; exemption for food purchased for human consumption and essential personal hygiene products.

22101364D

S.B. 425

Patron: Edwards


Barrier crimes. Eliminates certain crimes from the definition of "barrier crime" and requires the State Board of Behavioral Health and Developmental Services, the Board of Education, the State Board of Health, and the State Board of Social Services to each adopt regulations that develop and implement a waiver process for individuals who have been convicted of a barrier crime and who serve in a position or seek to serve in a position with any qualified entity subject to the regulations of the board. The bill eliminates current exceptions and time limit mandates, as such information is required to be set out in each agency's waiver process. The bill sets out information to be included in the regulations of the individual boards. The bill also directs the Departments of Behavioral Health and Developmental Services, Education, Health, and Social Services to each publish information about the agency's waiver process in an easily accessible format on a website maintained by the department. The bill includes additional requirements for each waiver process, such as if an individual's application for a waiver is denied, the department must state the basis for denial in writing and provide such explanation to the individual. The bill provides that although a waiver granted to an individual by one department shall not be transferrable to a position under another department, proof of receipt of a waiver from one department shall be considered positively by another department when reviewing an application for a waiver. Additionally, each department is required to notify the Department of State Police when a waiver has been granted within 10 days of issuing the decision in writing to the person who was subject to the waiver.

In cases where a waiver has been granted, the bill also prohibits any business screening service from disseminating information regarding the barrier crime conviction that was the subject of such waiver unless it is clearly indicated that the waiver was granted, and the bill sets out a penalty for any business screening service that violates that prohibition. The bill prohibits any qualified entity from discharging or otherwise discriminating against a person for any reason concerning solely the barrier crime conviction that was the subject of a waiver that has been granted. The bill also exempts all documents relating to a waiver application from the Virginia Freedom of Information Act except for an application cover sheet and whether the waiver has been granted or denied or if the application is pending.

Additionally, the bill eliminates the state-level barrier crimes requirements for foster and adoptive parents and provides that a child-placing agency shall not approve a foster or adoptive home if any individual has been convicted of crimes prohibited under federal law or is the subject of a founded complaint of abuse or neglect as maintained in registries pursuant to state and federal law. The bill has a delayed effective date of the earlier of (i) the first day of the fourth month following notification of the Chairmen of the Senate Committee on the Judiciary and the House Committee for Courts of Justice by the Superintendent of State Police that the Department of State Police has implemented the necessary system upgrades as required by this act or (ii) July 1, 2025; however, the provisions related to foster and adoptive parents become effective on July 1, 2022. The bill requires the Boards of Behavioral Health and Developmental Services, Education, Health, and Social Services to promulgate regulations by December 1, 2024, to implement the provision of the bill. The bill also requires the Secretaries of Education, Health and Human Resources, and Labor to provide recommendations on the development of a navigation system no later than July 1, 2024, for assisting applicants in navigating the waiver processes across each department. Individuals with barrier crime convictions serving in a position pursuant to a currently existing exception, waiver, or screening process that the bill eliminates shall continue to be subject to such exception, waiver, or screening process and shall not be terminated upon enactment of the bill or required to apply for a barrier crime conviction waiver so long as he continues to be employed by the same employer. The bill also permits the boards to have a phased implementation of the regulations not to exceed two years after the bill's enactment in order to prevent overwhelming department resources for receiving applications and to ensure that applications are answered in a timely manner. The bill also directs the Department of State Police to implement any necessary enhancements to the Criminal History and Rap Back Information System by the effective date of the first enactment of this act.

A BILL to amend and reenact §§ 19.2-389, 19.2-392.02, 22.1-289.035 through 22.1-289.040, 22.1-296.1, 32.1-126.01, 32.1-162.9:1, 37.2-314, 37.2-408.1, 37.2-416, 37.2-506, 63.2-901.1, 63.2-1601.1, 63.2-1720, 63.2-1721, 63.2-1722, 63.2-1723, and 63.2-1726 of the Code of Virginia, relating to barrier crimes.

22100413D

S.B. 426

Patron: Dunnavant

State plan for medical assistance services; remote patient monitoring. Directs the Board of Medical Assistance Services to amend the state plan for medical assistance services to provide for the payment of medical assistance for remote patient monitoring services provided via telemedicine (i) for patients who have experienced an acute health condition and for whom the use of remote patient monitoring may prevent readmission to a hospital or emergency department, (ii) for patient-initiated asynchronous consultations, and (iii) for provider-to-provider consultations.

A BILL to amend and reenact § 32.1-325 of the Code of Virginia, relating to state plan for medical assistance services; remote patient monitoring.

22102392D

S.B. 432

Patron: Dunnavant

Sales tax; taxable accommodations. Provides that only accommodations furnished to transients for overnight sleeping are subject to sales tax. The provisions of the bill are retroactive to January 1, 2018.

A BILL to amend and reenact §§ 58.1-602 and 58.1-603, as it is currently effective and as it may become effective, of the Code of Virginia, relating to sales tax; taxable accommodations.

22104077D

S.B. 434

Patron: Barker

Health insurance; coverage for mental health and substance use disorders; report. Requires the State Corporation Commission's Bureau of Insurance to collect certain comparative analyses from health carriers related to mental health parity and to include such analyses in a report that (i) describes the methodology the Bureau used to verify compliance with the federal Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA) and any federal regulations or guidance relating to MHPAEA; (ii) identifies and summarizes market conduct examinations conducted or completed during the preceding 12-month period regarding compliance with parity in mental health and substance use disorder benefits under state and federal law; and (iii) details any educational or corrective actions the Bureau has taken to ensure plan compliance with MHPAEA.

A BILL to amend and reenact § 38.2-3412.1 of the Code of Virginia, relating to health insurance; coverage for mental health and substance use disorders; report.

22101750D

S.B. 449

Patron: Boysko

Qualified health plans; state-mandated health benefits. Provides an exception to the prohibition of a qualified health plan providing state-mandated health benefits that are not provided in the essential health benefits package for state-mandated health benefits enacted no later than July 1, 2020.

A BILL to amend and reenact § 38.2-6506 of the Code of Virginia, relating to qualified health plans; essential health benefits; state-mandated health benefits.

22103081D

S.B. 451

Patron: Boysko

Sales and use tax; exemption for essential personal hygiene products. Provides a sales and use tax exemption for essential personal hygiene products, defined in the bill as (i) nondurable incontinence products such as diapers, disposable undergarments, pads, and bed sheets and (ii) menstrual cups and pads, pantyliners, sanitary napkins, tampons, and other products used to absorb or contain menstrual flow. Under current law, such products are taxed at a reduced state sales and use tax rate of 1.5 percent and the standard local rate of one percent. The bill contains technical amendments.

A BILL to amend and reenact §§ 58.1-603.1, as it is currently effective and as it may become effective, 58.1-603.2, 58.1-604.01, as it is currently effective and as it may become effective, 58.1-605.1, 58.1-606.1, 58.1-609.10, and 58.1-611.1 of the Code of Virginia, relating to sales and use tax; exemption for essential personal hygiene products.

22100388D

S.B. 454

Patron: Boysko

Teacher Training Corps; report. Establishes the Teacher Training Corps for the purpose of attracting and retaining public elementary and secondary school teachers in school divisions in the Commonwealth by awarding scholarships to students who obtain teaching degrees and certifications at participating institutions and requiring such students to fill teacher positions for specified periods of time at high-needs schools, as defined in the bill, and meet other requirements. The bill also establishes the Teacher Training Corps Scholarship Fund and Program for the purpose of funding such scholarships at the participating institutions of Longwood University, Norfolk State University, Radford University, and Virginia Commonwealth University. Finally, the bill establishes the 12-member Teacher Training Corps Commission to administer the Teacher Training Corps Scholarship Program and directs the Commission to begin meeting on or after September 1, 2022, establish the parameters for the Program, and award the first scholarships pursuant to the Program prior to the beginning of the 2023-2024 academic year.

A BILL to amend the Code of Virginia by adding in Chapter 6 of Title 23.1 an article numbered 8, consisting of sections numbered 23.1-643 through 23.1-647, relating to Teacher Training Corps.

22103978D

S.B. 461

Patron: Bell

Department of Professional and Occupational Regulation; contractors; boiler and pressure vessel operator license. Creates a two-tiered category of licensure administered by the Department of Professional and Occupational Regulation's Board for Contractors for any person who has primary responsibility for maintaining boiler, unfired pressure vessel, and water heater operations in a multifamily dwelling unit.

A BILL to amend the Code of Virginia by adding in Chapter 11 of Title 54.1 an article numbered 7, consisting of sections numbered 54.1-1149 through 54.1-1154, relating to Department of Professional and Occupational Regulation; contractors; boiler and pressure vessel operator license.

22103973D

S.B. 469

Patron: McClellan

Virginia Health Benefit Exchange; marketing. Requires the Virginia Health Benefit Exchange to prepare an annual marketing plan that includes consumer outreach and navigator programs. This bill is a recommendation of the Joint Commission on Health Care.

A BILL to amend and reenact § 38.2-6505 of the Code of Virginia, relating to the Virginia Health Benefit Exchange; marketing.

22103514D

S.B. 551

Patron: Marsden

Flood resiliency and protection. Implements recommendations from the first Virginia Coastal Resilience Master Plan. The bill provides guidelines for the development of a Virginia Flood Protection Master Plan for the Commonwealth and requires that the Coastal Resilience Master Plan be updated by December 31, 2022, and every five years thereafter. The bill establishes the Virginia Coastal Resilience Technical Advisory Committee to assist with the updates and requires the development of a community outreach and engagement plan to ensure meaningful involvement by affected and vulnerable community residents. The bill also requires that the Chief Resilience Officer report every two years, beginning July 1, 2023, on the status of flood resilience in the Commonwealth.

A BILL to amend and reenact §§ 2.2-222.4, 10.1-602, 10.1-658, and 10.1-659 of the Code of Virginia, relating to flood resiliency and protection.

22103100D

S.B. 553

Patron: Marsden

Sales and transient occupancy taxes; accommodations intermediaries. Broadens the definition of accommodations intermediary for purposes of collection of sales tax by accommodations intermediaries.

A BILL to amend and reenact § 58.1-602 of the Code of Virginia, relating to sales and transient occupancy taxes; accommodations intermediaries.

22103640D

S.B. 557

Patron: Ebbin

Constitutional amendment (voter referendum); marriage; repeal of same-sex marriage prohibition; affirmative right to marry. Provides for a referendum at the November 8, 2022, election to approve or reject an amendment that would repeal the constitutional provision defining marriage as only a union between a man and woman as well as the related provisions that are no longer valid as a result of the United States Supreme Court decision in Obergefell v. Hodges, 576 U.S. 644 (2015). The amendment provides that the right to marry is a fundamental right inherent in the liberty of persons and requires the Commonwealth and its political subdivisions and agents to issue marriage licenses, recognize marriages, and treat all marriages equally under the law, regardless of the sex or gender of the parties to the marriage. Religious organizations and clergy acting in their religious capacity have the right to refuse to perform any marriage.

A BILL to provide for the submission to the voters of a proposed amendment to Section 15-A of Article I of the Constitution of Virginia, relating to marriage; repeal of same-sex marriage prohibition; affirmative right to marry.

22100392D

S.B. 571

Patron: Newman

Sales tax; exemption for food purchased for human consumption and essential personal hygiene products. Exempts food purchased for human consumption and essential personal hygiene products (the grocery tax) from all state, regional, and local sales taxes.

A BILL to amend and reenact §§ 58.1-603.1, as it is currently effective and as it may become effective, 58.1-603.2, 58.1-604.01, as it is currently effective and as it may become effective, 58.1-605.1, 58.1-606.1, and 58.1-611.1 of the Code of Virginia, relating to sales tax; exemption for food purchased for human consumption and essential personal hygiene products.

22100738D

S.B. 583

Patron: Newman

Conformity of the Commonwealth's taxation system with the Internal Revenue Code; Rebuild Virginia grants and Paycheck Protection Program loans; emergency. Advances Virginia's date of conformity with the Internal Revenue Code from December 31, 2020, to December 31, 2021. The bill also deconforms from provisions of the (i) federal Coronavirus Aid, Relief, and Economic Security Act (CARES Act) related to the net operating loss limitation and carryback, a loss limitation applicable to taxpayers other than corporations, the limitation on business interest, and certain loan forgiveness and other business financial assistance and (ii) federal American Rescue Plan Act related to restaurant revitalization grants and emergency injury disaster loans received for taxable years beginning before January 1, 2021. The bill also increases from $100,000 to $1 million the maximum individual and corporate income tax deduction or subtraction, as applicable, for Rebuild Virginia grants and certain amounts related to Paycheck Protection Program loans for taxable year 2020. The bill contains an emergency clause.=

A BILL to amend and reenact §§ 58.1-301, 58.1-322.02, 58.1-322.03, and 58.1-402 of the Code of Virginia, relating to conformity of Commonwealth's taxation system with Internal Revenue Code; Rebuild Virginia grants and Paycheck Protection Program loans; emergency.

22103772D

EMERGENCY

S.B. 609

Patron: DeSteph

Sales tax; exemption for food purchased for human consumption and essential personal hygiene products. Exempts food purchased for human consumption and essential personal hygiene products (the grocery tax) from all state, regional, and local sales taxes.

A BILL to amend and reenact §§ 58.1-603.1, as it is currently effective and as it may become effective, 58.1-603.2, 58.1-604.01, as it is currently effective and as it may become effective, 58.1-605.1, 58.1-606.1, and 58.1-611.1 of the Code of Virginia, relating to sales tax; exemption for food purchased for human consumption and essential personal hygiene products.

22102389D

S.B. 630

Patron: Barker

Income tax; rolling conformity; report. Provides that, beginning with taxable year 2022, Virginia shall generally conform to federal tax laws on a rolling basis, meaning that Virginia tax laws incorporate changes to the Internal Revenue Code as soon as Congress enacts them. However, the bill provides that Virginia shall not conform to (i) any changes in a single act of Congress with an impact of more than 0.3 percent on revenues in the year in which the amendment was enacted or any of the next four years and (ii) all changes enacted by Congress during the taxable year if their aggregate impact is more than 0.6 percent on the revenues for that year or any of the next four years.

A BILL to amend and reenact § 58.1-301 of the Code of Virginia, relating to income tax; rolling conformity; report.

22104076D

S.B. 634

Patron: Deeds

Transient occupancy tax; supporting documentation. Requires accommodations providers to submit certain supporting documentation, upon request by a locality, when remitting transient occupancy taxes collected.

A BILL to amend and reenact § 58.1-3826 of the Code of Virginia, relating to transient occupancy tax; supporting documentation.

22103528D

S.B. 651

Patron: Vogel

Sales and transient occupancy taxes; accommodations intermediaries. Changes the process by which sales and transient occupancy taxes are collected from accommodations sales involving accommodations intermediaries. Under current law, accommodations intermediaries remit these taxes to the Department of Taxation or a locality, or a hotel, depending on the circumstances. The bill requires accommodations intermediaries to collect such taxes and remit them to the Department of Taxation or a locality, as applicable. The bill also provides that in a transaction involving multiple parties that may be considered accommodations intermediaries, such parties may agree that one party shall be responsible for collecting and remitting the taxes. In such event, the party agreeing to collect and remit such taxes shall be the sole party liable for the tax.

The bill also broadens the definition of accommodations intermediary. The bill directs the Department of Taxation to publish guidelines on implementation of the bill by August 1, 2022. The substantive provisions of the bill have a delayed effective date of October 1, 2022.

A BILL to amend and reenact §§ 58.1-602, 58.1-612.2, 58.1-3826, and 58.1-3843 of the Code of Virginia, relating to sales and transient occupancy taxes; accommodations intermediaries.

22103709D

S.B. 771

Patron: Stuart

Personal property tax; classification. Authorizes localities to classify for rate purposes certain vehicles that, under current law, may be classified only for valuation purposes, including certain automobiles, trucks, motor vehicles for use by the handicapped, motorcycles, mopeds, all-terrain vehicles, off-road motorcycles, campers, and other recreational vehicles.

A BILL to amend and reenact § 58.1-3506 of the Code of Virginia, relating to other classifications of tangible personal property for taxation.

22104978D

S.J.R. 1

Patron: Locke

Constitutional amendment (second reference); qualifications of voters and the right to vote; persons not entitled to vote. Provides that every person who meets the qualifications of voters set forth in the Constitution shall have the fundamental right to vote in the Commonwealth and that such right shall not be abridged by law, except for persons who have been convicted of a felony and persons who have been adjudicated to lack the capacity to understand the act of voting. A person who has been convicted of a felony shall not be entitled to vote during any period of incarceration for such felony conviction, but upon release from incarceration for that felony conviction and without further action required of him such person shall be invested with all political rights, including the right to vote. Currently, in order to be qualified to vote a person convicted of a felony must have his civil rights restored by the Governor or other appropriate authority. The amendment also provides that a person adjudicated by a court of competent jurisdiction as lacking the capacity to understand the act of voting shall not be entitled to vote during this period of incapacity until his capacity has been reestablished as prescribed by law. Currently, the Constitution provides that a person who has been adjudicated to be mentally incompetent is not qualified to vote until his competency is reestablished.

Proposing an amendment to Section 1 of Article II of the Constitution of Virginia, relating to qualifications of voters and the right to vote; persons not entitled to vote.

22100349D

S.J.R. 5

Patron: Ebbin

Constitutional amendment (second reference); marriage; repeal of same-sex marriage prohibition; affirmative right to marry. Repeals the constitutional provision defining marriage as only a union between one man and one woman as well as the related provisions that are no longer valid as a result of the United States Supreme Court decision in Obergefell v. Hodges, 576 U.S. 644 (2015). The amendment provides that the right to marry is a fundamental right inherent in the liberty of persons and requires the Commonwealth and its political subdivisions and agents to issue marriage licenses, recognize marriages, and treat all marriages equally under the law, regardless of the sex or gender of the parties to the marriage. Religious organizations and clergy acting in their religious capacity have the right to refuse to perform any marriage.

Proposing an amendment to Section 15-A of Article I of the Constitution of Virginia, relating to marriage; repeal of same-sex marriage prohibition; affirmative right to marry.

22100319D