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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 9, 2022
Time and Place: 9 AM - Shared Committee Room B / Pocahontas Building
https://virginia-senate.granicus.com/ViewPublisher.php?view_id=3

S.B. 5

Patron: Suetterlein

Virginia Freedom of Information Act; Virginia Parole Board member votes. Provides that individual votes of the members of the Virginia Parole Board are public records and subject to the provisions of the Virginia Freedom of Information Act.

A BILL to amend and reenact § 2.2-3703 of the Code of Virginia, relating to the Virginia Freedom of Information Act; Virginia Parole Board member votes.

22100574D

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. 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. 31

Patron: Marsden

Virginia Land Conservation Foundation and Fund. Directs the Governor to include a $40 million recommended appropriation to the Virginia Land Conservation Fund in the budget bill or amendments thereto each year. Currently, the Governor is directed to include an amount based on a formula set forth in the Code. The bill makes various changes to the allocation and use of funds for grants from the Virginia Land Conservation Fund, including allowing grants to be made to state-recognized and federally recognized Virginia Indian Tribes, and requires that at least one nonlegislative citizen member of the Virginia Land Conservation Foundation Board of Trustees be a member of a state-recognized or federally recognized Virginia Indian Tribe.

A BILL to amend and reenact §§ 2.2-1509.4, 10.1-1018, 10.1-1018.1, 10.1-1020, 10.1-1021, and 58.1-512 of the Code of Virginia, relating to the Virginia Land Conservation Foundation and Fund.

22101655D

S.B. 47

Patron: Locke

Income tax; housing opportunity tax credits. Increases the aggregate annual limit on housing opportunity tax credits from $15 million to the sum of (i) $150 million, (ii) the amount by which the allocation for the previous year exceeds credits actually reserved in that year, and (iii) the amount of credits recaptured or disallowed for the previous year. The bill removes the credit's sunset, which under current law is January 1, 2026; however, the Virginia Housing Development Authority (the Authority), which administers the credit, would be authorized to reserve credits only for fiscal years beginning in January 1, 2021, but before January 1, 2026.

The bill directs the Authority, which is the agency charged with administering the federal low-income housing tax credit (the federal credit), to reserve a housing opportunity tax credit (the state credit) for a taxpayer whenever it allocates a federal credit. The reserved state credit must be at least one-half of all federal credits allocated to the taxpayer over the 10-year period for the federal credit. However, the bill limits the amount of credits a taxpayer may claim in a single taxable year to the lesser of (a) the amount of the federal credit allocated to the taxpayer or (b) one-tenth of the reserved amount.

The bill removes the Authority's power to allow credit applicants to sell credits to other taxpayers.

A BILL to amend and reenact §§ 58.1-439.29 and 58.1-439.30 of the Code of Virginia, relating to income tax; housing opportunity tax credits.

22101688D

S.B. 71

Patron: Ruff

Virginia National Guard; institutions of higher education; tuition grants. Adds parameters around grants distributed by the Department of Military Affairs (the Department) to members of the Virginia National Guard that are enrolled in any course or program at any public institution of higher education or accredited nonprofit private institution of higher education. The bill provides that an application for a grant shall be made to the Department no later than 30 days prior to the beginning of an academic semester. The bill provides that the Department shall determine whether an applicant is eligible for the grant and communicate acceptance and any additional requirements determined by the Department in writing no later than 30 days after receipt of an application. The bill requires individuals that are eligible for such grants to satisfy all financial obligations with the institution and provide written proof of acceptable academic performance and good standing for the current term no later than 30 days following the end of a term or semester. The bill provides that individuals receiving grants pursuant to the bill shall incur a single two-year service obligation to the Virginia National Guard and that this two-year obligation commences on the last day of the last term or semester for which tuition assistance was awarded.

A BILL to amend and reenact § 23.1-610 of the Code of Virginia, relating to Virginia National Guard; institutions of higher education; tuition grants.

22102405D

S.B. 72

Patron: Edwards

Virginia Museum of Transportation; established. Establishes the Virginia Museum of Transportation as a public entity and educational institution of the Commonwealth. Under the bill, the Museum is governed by a 15-member board of trustees.

A BILL to amend and reenact § 23.1-101 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 32 of Title 23.1 an article numbered 8, consisting of sections numbered 23.1-3229 through 23.1-3232, relating to Virginia Museum of Transportation; established.

22102249D

S.B. 117

Patron: Newman

K-12 funding. Provides that for any year in which there is a surplus, the Governor shall include in his proposed budget an appropriation of five percent of such surplus for the operational costs of local school divisions. The bill provides for an equivalent decrease in the amount of operational costs funded by the Lottery Proceeds Fund and an equivalent increase in the amount of funds in the Fund restricted exclusively for local school divisions' capital construction and renovation costs. If the restricted amount is equal to or greater than the amount in the Fund, the increases and decreases are no longer required under the bill.

A BILL to amend and reenact § 58.1-4022.1 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-1509.5, relating to K-12 funding.

22102043D

S.B. 156

Patron: Hashmi

Public schools; English language learners. Requires state funding to be provided to support new divisionwide ratios of English learner students in average daily membership to full-time equivalent teaching positions, as follows: (i) for each English language learner identified as proficiency level one, one position per 25 students; (ii) for each English language learner identified as proficiency level two, one position per 30 students; (iii) for each English language learner identified as proficiency level three, one position per 40 students; and (iv) for all other English language learners, one position per 50 students. Under the bill, in order to provide additional support for instruction of English language learners, $150 shall be appropriated in year one to divisions for each English learner student to support professional development of instructional and support staff, purchase resources developed for students learning English, and offer grants to community-based organizations that offer support services to English language learners in school settings.

A BILL to amend and reenact § 22.1-253.13:2 of the Code of Virginia, relating to public schools; English language learners.

22102237D

S.B. 157

Patron: Hashmi

Competitive compensation for certain positions in public elementary and secondary schools. Declares it the goal of the Commonwealth that its public school teachers and all other individuals employed in Standards of Quality-funded positions be compensated at a rate that is competitive, defined as at or above the national average salary for the position, in order to attract and keep highly qualified individuals in such positions. The bill requires state funding to be provided pursuant to the general appropriation act in a sum sufficient to fund a five percent annual pay increase for each such position, effective from the 2023%9624 school year through the 2027%9628 school year, provided that such five percent annual pay increase (i) is subject to a local matching requirement in accordance with each local school board's composite index of local ability-to-pay and (ii) shall be adjusted annually as necessary to account for rebenchmarking and to yield a rate of compensation percentage increase for all Standards of Quality-funded positions that is pegged to providing a competitive average teacher salary in the Commonwealth. The bill has a delayed effective date of July 1, 2023.

A BILL to amend and reenact § 22.1-289.1 of the Code of Virginia, relating to competitive compensation for certain positions in public elementary and secondary schools.

22103846D

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. 239

Patron: Hashmi

STEM+C; Virginia STEM Education Advisory Board. Adds science, technology, engineering, mathematics and computing (STEM+C), which includes real-world, interdisciplinary, and computational instruction and preparation of students in STEM+C, to the list of topics that shall be included in the Standards of Learning for the Commonwealth. The bill also directs the Virginia STEM Education Advisory Board to develop and submit to the Board of Education (i) a rubric that shall be used by the Board of Education in setting out what factors permit a school to be defined as a STEM school and (ii) recommendations for the Board to create a measurement for quality of STEM programming in general education instruction. The bill also directs the Virginia STEM Education Advisory Board to draft and report to the Department of Education proposed common language and terminology that better defines the basic literacies employed in STEM+C as methodological approaches to solving universal human challenges and, as essential, generalizable and transferable literacy toward the application of skills and content needed to solve those challenges. The bill also directs the Department of Education, based on such proposed language and terminology and no later than December 1, 2022, to recommend finalized language and terminology to the Board of Education.

A BILL to amend and reenact §§ 22.1-253.13:1 and 22.1-367 of the Code of Virginia, relating to STEM+C; Virginia STEM Education Advisory Board.

22103912D

S.B. 256

Patron: Bell

Department of Military Affairs; institutions of higher education; recruitment. Authorizes the Department of Military Affairs to utilize grant funding for which active members of the Virginia National Guard who attend any public institution of higher education or accredited nonprofit private institution of higher education and meet other certain requirements are eligible under current law in order to recruit qualified applicants for service in the Virginia National Guard. The bill states that the yearly funding amount for such recruitment shall be at the discretion of the Adjutant General and the Department of Military Affairs and not exceed $50,000 per fiscal year.

A BILL to amend and reenact § 23.1-610 of the Code of Virginia, relating to Department of Military Affairs; institutions of higher education; recruitment.

22102443D

S.B. 261

Patron: Hashmi

Virginia STEM Education Advisory Board; comprehensive review of labor statistics categories; report. Directs the Virginia Science, Technology, Engineering, and Mathematics (STEM) Education Advisory Board (the Board) to perform a comprehensive review of U.S. Bureau of Labor Statistics categories within the standard occupational classification system and assess deficit areas that do not capture Virginia's existing STEM+C (Computing) workforce profile for the purpose of better aligning K-12 and higher education priorities. The Board shall report its findings to the Virginia Economic Development Partnership Authority Office of Education and Labor Market Alignment and the Chairmen of the House Committee on Communications, Technology and Innovation and the Senate Committee on General Laws and Technology no later than October 1, 2022.

A BILL to direct the Virginia STEM Education Advisory Board to perform a comprehensive review of labor statistics categories, STEM+C workforce, and STEM education; report.

22101764D

S.B. 265

Patron: Hashmi

Language development for children who are deaf or hard of hearing; assessment resources for parents and educators; advisory committee; report. Requires the Department of Education, in coordination with the Department for the Deaf and Hard-of-Hearing, to (i) select, with input from an advisory committee that the bill establishes, language developmental milestones and include such milestones in a resource for use by parents of a child from birth to age five who is identified as deaf or hard of hearing to monitor and track their child's expressive and receptive language acquisition and developmental stages toward English literacy; (ii) disseminate such resource to such parents; (iii) select existing tools or assessments for educators for use in assessing the language and literacy development of children from birth to age five who are deaf or hard of hearing; (iv) disseminate such tools or assessments to local educational agencies and provide materials and training on their use; and (v) annually produce a report that compares the language and literacy development of children from birth to age five who are deaf or hard of hearing with the language and literacy development of their peers who are not deaf or hard of hearing and make such report available to the public on its website.

A BILL to amend the Code of Virginia by adding a section numbered 22.1-217.04, relating to language development for children who are deaf or hard of hearing; assessment resources for parents and educators; advisory committee; report.

22104072D

S.B. 266

Patron: Hashmi

Family caregiver tax credit. Creates a nonrefundable income tax credit for taxable years 2022 through 2026 for expenses incurred by an individual in caring for an eligible family member, defined in the bill, who requires assistance with one or more activities of daily living, also defined in the bill. The credit equals 50 percent of eligible expenditures incurred by the caregiver up to $1,000. In order to qualify for the credit, the family caregiver must (i) not receive any compensation or reimbursement for the eligible expenditures and (ii) have federal adjusted gross income that is no greater than $100,000 for an individual or $200,000 for married persons. The bill requires the Tax Commissioner to establish guidelines for claiming the credit and provides that any unused credit may be carried forward by the taxpayer for five taxable years following the taxable year for which the credit was issued. The bill is a recommendation of the Joint Commission on Health Care.

A BILL to amend the Code of Virginia by adding in Article 3 of Chapter 3 of Title 58.1 a section numbered 58.1-339.13, relating to family caregiver tax credit.

22103854D

S.B. 276

Patron: Stanley

School boards; unexpended local funds; capital projects. Permits any school board to finance capital projects with any funds appropriated to it by the local governing body that are unexpended by the school board in any year. The bill is a recommendation of the Commission on School Construction and Modernization.

A BILL to amend and reenact §§ 22.1-100 and 22.1-100.1 of the Code of Virginia, relating to school boards; unexpended local funds; capital projects.

22104214D

S.B. 288

Patron: Ebbin

Virginia taxable income; corporations; deductions; business interest. Increases from 20 percent to 60 percent the Virginia individual and corporate income tax deduction for business interest disallowed as a deduction under § 163(j) of the Internal Revenue Code for taxable years beginning on and after January 1, 2022.

A BILL to amend and reenact §§ 58.1-322.03 and 58.1-402 of the Code of Virginia, relating to Virginia taxable income; corporations; deductions; business interest.

22101948D

S.B. 315

Patron: Spruill

Virginia Military Community Infrastructure Grant Program and Fund. Establishes the Virginia Military Community Infrastructure Grant Fund (the Fund) to support military communities in the Commonwealth by awarding grants to aid the planning and design, construction, or completion of infrastructure projects that enhance military readiness, installation resiliency, or quality of life for fenceline communities. The bill directs the Secretary of Veterans and Defense Affairs to develop guidance and criteria to be used in awarding grants from the Fund and an annual grant application that sets out certain requirements for a grantee.

A BILL to amend and reenact § 2.2-231 of the Code of Virginia and to amend the Code of Virginia by adding in Article 11 of Chapter 2 of Title 2.2 a section numbered 2.2-233.1, relating to the Virginia Military Community Infrastructure Grant Program and Fund.

22104100D

S.B. 324

Patron: Vogel

Public agencies; privacy of personal information. Provides that public agencies shall not request personal information, defined in the bill. The bill amends the Virginia Freedom of Information Act definition of "public record" to exclude personal information. The bill also exempts the Campaign Finance Disclosure Act of 2006 from the requirements that public agencies protect personal information and refrain from requesting personal information.

A BILL to amend and reenact §§ 2.2-3701, 2.2-3801, and 2.2-3808 of the Code of Virginia, relating to public agencies; privacy of personal information.

22102713D

S.B. 346

Patron: Barker

Income tax; property analytics firms; apportionment and sourcing of sales. Establishes, starting with taxable year 2022, single-factor sales apportionment and market-based sourcing for property analytics firms that meet certain criteria. Under current law, the default rule for apportionment is three-factor apportionment based on property, payroll, and sales and the default rule for sourcing sales is based on cost-of-performance.

A BILL to amend and reenact §§ 58.1-408 and 58.1-416 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 58.1-422.4, relating to income tax; property analytics firms; apportionment and sourcing.

22102800D

S.B. 360

Patron: Stuart

State subsidy of property tax exemptions for disabled veterans and surviving spouses. Requires the Commonwealth to subsidize local real estate tax relief for disabled veterans and surviving spouses of members of the United States Armed Forces killed in action when more than one percent of a locality's real estate tax base is lost due to such state-mandated tax relief programs. The Commonwealth would subsidize only that portion of tax-exempt real estate that exceeds the one percent threshold.

The bill requires the Auditor of Public Accounts to establish an application process whereby a locality would demonstrate that more than one percent of its real estate tax base was lost. The Auditor would certify to the Governor and the General Assembly those localities that would be eligible for a subsidy, and the Governor would include in the Budget Bill a proposed appropriation of the amount of the state subsidy to be provided to localities certified as eligible localities.

A BILL to amend the Code of Virginia by adding in Title 58.1 a chapter numbered 35.2, consisting of sections numbered 58.1-3537 and 58.1-3538, relating to state subsidy of property tax exemptions for disabled veterans and surviving spouses.

22102164D

S.B. 381

Patron: McDougle

Income tax; military retirement income subtraction. Exempts, beginning with taxable year 2022, up to $40,000 of military retirement income of a veteran who is at least 55 years old and who was honorably discharged after active duty service in the Armed Forces of the United States, its reserve components, or the National Guard of Virginia or any other state.

A BILL to amend and reenact § 58.1-322.02 of the Code of Virginia, relating to income tax; military retirement income subtraction.

22101366D

S.B. 384

Patron: Dunnavant

Department of Education; Statewide Learning Management System established. Directs the Department of Education to establish the Statewide Learning Management System (VaLMS). The VaLMS shall be available to each public school in the Commonwealth. The bill allows school boards to utilize the VaLMS as an alternative to a multidivision online provider in the provision of virtual school programs.

A BILL to amend the Code of Virginia by adding in Article 1 of Chapter 13 of Title 22.1 a section numbered 22.1-212.2:4, relating to Department of Education; Statewide Learning Management System established.

22104125D

S.B. 386

Patron: McDougle

Corporate income tax returns of affiliated corporations. Provides that, for taxable years 2023 and 2024, certain affiliated corporations may elect to switch to or from consolidated corporate income tax return filing status under certain conditions, including the requirement that the affiliated group filed on the same basis for the preceding 20 years. The option would be available only to a group with at least one affiliate that is a bank exempt from filing a Virginia corporate income tax return. Current law requires a group of corporations to apply to the Tax Commissioner for permission to change the basis of the type of return filed and to meet certain specified requirements in order for permission to be granted.

A BILL to amend and reenact § 58.1-442 of the Code of Virginia, relating to corporate income tax returns of affiliated corporations.

22101610D

S.B. 416

Patron: DeSteph

Virginia Public Procurement Act; purchase of personal protective equipment. Requires a state agency, whenever purchasing personal protective equipment (PPE) for public use, to purchase such PPE from a Virginia-based company or manufacturer or a manufacturer that uses materials made in the United States. The bill provides that if a state agency is unable to purchase PPE from such company or manufacturer, it may purchase from another company or manufacturer, pending the results of independent laboratory testing of the PPE. Additionally, the bill directs the Secretary of Commerce and Trade to establish a work group to make recommendations to the General Assembly regarding products other than personal protective equipment that state agencies should purchase with the same requirements. The Secretary shall report the recommendations of the work group to the Chairs of the House Committee on General Laws and the Senate Committee on General Laws and Technology by September 1, 2022.

A BILL to amend the Code of Virginia by adding a section numbered 2.2-4328.2, relating to the Virginia Public Procurement Act; purchase of personal protective equipment.

22100888D

S.B. 430

Patron: Dunnavant

Department of Education; assessing individual student growth. Requires the Department of Education to create or request proposals for a system for value-added modeling to assess growth of students in public schools. The bill requires each school board in the Commonwealth to, upon the creation of such system, implement the system and make reports made by the system available to parents or guardians for their child's report and the Department.

A BILL to require the Department of Education to create or request proposals for a system for value-added modeling to assess growth of students in public schools and to require each school board to implement such system.

22104126D

S.B. 471

Patron: McClellan


Literary Fund; loans; application process; maximum loan amounts; rates of interest; closing costs; waiting lists. Makes several changes to the provisions relating to loans from the Literary Fund to finance the construction and renovation of public elementary and secondary school buildings in the Commonwealth. The bill requires the Board of Education (the Board) to establish an annual open application process for Literary Fund loans to occur during the period that the Board deems most suitable. The bill increases from $7.5 million to $25 million the maximum Literary Fund loan amount and permits the Board to increase such maximum to up to $35 million for loans for any school construction or renovation project that facilitates the consolidation of schools. The bill requires the Board to fix the interest rate on all loans made from the Literary Fund at not less than one percent per year, not more than three percent per year, and at increments of one half of one percent per year between such minimum and maximum rates, payable annually, and to utilize a sliding scale based on the local school division's composite index of local ability to pay to determine the interest rate on each such loan. Under current law, such rates are required to be set between two and six percent per year. The bill requires the Board to establish a competitive program for the award of up to $25,000 to a school division that receives a Literary Fund loan for the purpose of subsidizing all or a portion of the closing costs for such loan. The bill also permits the Board to remove any project that has been inactive for at least five years from any Literary Fund loan project waiting list that it maintains. This bill is a recommendation of the Commission on School Construction and Modernization.

A BILL to amend and reenact §§ 22.1-147, 22.1-148, and 22.1-150 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 22.1-146.2, relating to the Literary Fund; loans; application process; maximum loan amounts; rates of interest; closing costs; waiting lists.

22100789D

S.B. 473

Patron: McClellan

Department of Education; School Construction Fund and Program; Gaming Proceeds Fund revenues. Establishes the School Construction Fund as a special nonreverting fund in the state treasury and requires the Department of Education to establish the School Construction Program for the purpose of providing grants from the Fund, subject to certain conditions, to school boards that leverage federal, state, and local programs and resources to finance the design and construction of new school buildings and facilities or the modernization and maintenance of existing school buildings and facilities. The bill provides that three percent of any fiscal year's budget surplus shall be appropriated to the School Construction Fund and Program. The bill also provides that any remaining revenues not appropriated by the Gaming Proceeds Fund shall be appropriated to the School Construction Fund and Program. Under current law, any remaining revenues in the Gaming Proceeds Fund not appropriated remain in the Fund until appropriated by the General Assembly for programs established to address public school construction, renovations, or upgrades.

A BILL to amend and reenact § 58.1-4125 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 2.2-1509.5 and 22.1-140.1, relating to the Department of Education; School Construction Fund and Program; Gaming Proceeds Fund revenues.

22100790D

S.B. 477

Patron: McClellan

Historical African American cemeteries. Changes the date of establishment that qualifies historical African American cemeteries for appropriated funds to care for such cemeteries from prior to January 1, 1900, to prior to January 1, 1948.

A BILL to amend and reenact § 10.1-2211.2 of the Code of Virginia, relating to historical African American cemeteries.

22101065D

S.B. 481

Patron: McClellan

School boards and local governing bodies; unexpended local funds; school maintenance, renovation, and construction. Encourages each school board to enter into a collaborative agreement with the local governing body to set aside in a separate fund any sums appropriated to the school board by the local governing body that are unexpended by the school board in any year in order to use such sums to finance school maintenance, renovation, or construction in the local school division. The bill declares any school board that fails to enter into such a collaborative agreement ineligible to participate in any state grant, loan, or bond program that supports school maintenance, renovation, or construction. This bill is a recommendation of the Commission on School Construction and Modernization.

A BILL to amend and reenact §§ 22.1-100 and 22.1-100.1 of the Code of Virginia, relating to school boards and local governing bodies; unexpended local funds; school maintenance, renovation, and construction.

22104215D

S.B. 487

Patron: McClellan

Virginia Center for Firearm Violence Intervention and Prevention; Virginia Firearm Violence Intervention and Prevention Fund; creation. Establishes the Virginia Center for Firearm Violence Intervention and Prevention (the Center) within the Department of Criminal Justice Services and transfers to the Center the administration of the existing Virginia Gun Violence Intervention and Prevention Fund.

A BILL to amend the Code of Virginia by adding in Chapter 1 of Title 9.1 an article numbered 17, consisting of sections numbered 9.1-194 and 9.1-195, and to repeal § 9.1-116.6 of the Code of Virginia, relating to the Virginia Center for Firearm Violence Intervention and Prevention; Virginia Firearm Violence Intervention and Prevention Fund; creation.

22103607D

S.B. 490

Patron: McClellan


Standards of Quality; work-based learning; teacher leaders and mentors; principal mentors; certain personnel positions and initiatives. Makes several changes to the Standards of Quality, including requiring the establishment of units in the Department of Education to oversee work-based learning and principal mentorship statewide and requiring the Board of Education to establish and oversee the local implementation of teacher leader and teacher mentor programs in Standard 5. The bill also makes several changes relating to school personnel in Standard 2, including (i) establishing schoolwide ratios of students to teachers in certain schools with high concentrations of poverty and granting flexibility to provide compensation adjustments to teachers in such schools; (ii) requiring each school board to assign licensed personnel in a manner that provides an equitable distribution of experienced, effective teachers and other personnel among all schools in the local school division; (iii) requiring each school board to employ teacher leaders and teacher mentors at specified student-to-position ratios; (iv) requiring state funding in addition to basic aid to support at-risk students and granting flexibility in the use of such funds by school boards; (v) lowering the ratio of English language learner students to teachers; (vi) requiring each school board to employ reading specialists and establishing a student-to-position ratio for such specialists; (vii) requiring school boards to employ one full-time principal in each elementary school; (viii) lowering the ratio of students to assistant principals and school counselors in elementary, middle, and high schools; and (ix) increasing from at least three to at least four the required number of specialized student support positions, including school social workers, school psychologists, school nurses, licensed behavior analysts, licensed assistant behavior analysts, and other licensed health and behavioral positions, per 1,000 students.

A BILL to amend and reenact §§ 22.1-129, 22.1-199.1, 22.1-253.13:1, 22.1-253.13:2, 22.1-253.13:3, 22.1-253.13:5, 22.1-274, 22.1-274.01:1, 22.1-294, 22.1-303, and 51.1-617 of the Code of Virginia and to repeal § 22.1-305.1 of the Code of Virginia, relating to the Standards of Quality; work-based learning; teacher leaders and mentors; principal mentors; certain personnel positions and initiatives.

22102879D

S.B. 491

Patron: McClellan

Virginia African Diaspora Advisory Board. Establishes the Virginia African Diaspora Advisory Board to advise the Governor on ways to improve economic and cultural links between the Commonwealth and African nations, with a focus on the areas of commerce and trade, agriculture, art, and education, and government. The Board is composed of 18 nonlegislative citizen members, of whom at least 15 must be persons who identify as part of the African diaspora, to be appointed by the Governor. The Secretaries of Agriculture and Forestry, Commerce and Trade, and Education or their designees serve as ex officio members.

A BILL to amend the Code of Virginia by adding in Chapter 24 of Title 2.2 an article numbered 31, consisting of sections numbered 2.2-2499.9 through 2.2-2499.13, relating to establishment of the Virginia African Diaspora Advisory Board.

22102862D

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. 528

Patron: Reeves

Income tax; military benefits subtraction; emergency. Establishes an income tax subtraction for up to $20,000 of military benefits in taxable year 2021, up to $30,000 in taxable year 2022, and up to $40,000 in taxable year 2023 and each year thereafter. The bill defines military benefits to include military retirement income and benefits paid to the surviving spouse of a veteran. The bill contains an emergency clause.

A BILL to amend and reenact § 58.1-322.02 of the Code of Virginia, relating to income tax; military benefits subtraction; emergency.

22104279D

EMERGENCY

S.B. 529

Patron: Reeves

Board of Education; Child Care Subsidy Program; Armed Forces. Directs the Board of Education (the Board) to amend its regulations to permit all active duty members of the Armed Forces of the United States who serve as caregivers to dependents to apply for the Child Care Subsidy Program. The bill directs the Board to adopt emergency regulations to implement the provisions of the bill.

A BILL to direct the Board of Education to include in its regulations a provision permitting active duty members of the Armed Forces of the United States to apply for the Child Care Subsidy Program.

22100748D

S.B. 540

Patron: Peake

Income tax credit; small businesses. Provides, in taxable year 2022, an individual or corporate income tax credit, as applicable for an eligible small business, defined in the bill as a (i) (a) pass-through entity that employs fewer than 50 employees and that has no more than $10 million in gross receipts during such taxable year or (b) self-employed individual or (ii) corporation that is at least 51 percent independently owned by one or more United States citizens or legal resident aliens, employs fewer than 50 employees together with affiliates, and has no more than $10 million in gross receipts during the taxable year, and where the individual business owners must control both the management and daily operations of the business. The individual income tax credit is equal to the amount of Virginia income tax owed on up to $250,000 of personal income during such taxable year and the credit for a corporation equals the amount of Virginia income tax owed during such taxable year on up to $250,000 of the amount that is not deductible when computing federal tax due to Virginia's deconformity from certain provisions of the federal Consolidated Appropriations Act of 2020. The credit is subject to an aggregate cap of $75 million.

A BILL to amend the Code of Virginia by adding in Article 13 of Chapter 3 of Title 58.1 a section numbered 58.1-439.12:13, relating to income tax credit; small businesses.

22103769D

S.B. 541

Patron: Peake

Rate of tax on gasoline and diesel fuel. Lowers the rate of tax on gasoline and diesel fuel on July 1, 2022, from 26.2 cents per gallon to 21.2 cents per gallon on gasoline and from 27 cents per gallon to 20.2 cents per gallon on diesel fuel, the rates that were in effect before July 1, 2021. The bill provides that the rate of tax on gasoline and diesel fuel will return to 26.2 and 27 cents per gallon, respectively, on July 1, 2023, and will be indexed based on the change in the United States Average Consumer Price Index; thereafter, the rate will be indexed annually.

A BILL to amend and reenact § 58.1-2217 of the Code of Virginia, relating to rate of tax on gasoline and diesel fuel.

22101054D

S.B. 550

Patron: Bell

Virginia Public Procurement Act; payment clauses to be included in contracts; right to payment of subcontractors. Requires contracts awarded by state or local government agencies to include a payment clause that obligates the contractors to be individually liable for the entire amount owed to any subcontractor with which it contracts. Payment by the party contracting with the contractor shall not be a condition precedent to payment to any lower-tier subcontractor.

A BILL to amend and reenact § 2.2-4354 of the Code of Virginia, relating to Virginia Public Procurement Act; payment clauses to be included in contracts; right to payment of subcontractors.

22102233D

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. 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. 586

Patron: Chase

Income tax; military benefits subtraction; emergency. Establishes an income tax subtraction for up to $20,000 of military benefits in taxable year 2021, up to $30,000 in taxable year 2022, and up to $40,000 in taxable year 2023 and each year thereafter. The bill defines military benefits to include military retirement income and benefits paid to the surviving spouse of a veteran. The bill contains an emergency clause.

A A BILL to amend and reenact § 58.1-322.02 of the Code of Virginia, relating to income tax; military benefits subtraction; emergency.

22101453D

EMERGENCY

S.B. 603

Patron: Stanley

Board of Education; standards for the maintenance and operations, renovation, and new construction of public elementary and secondary school buildings. Requires the Board of Education (the Board) to make recommendations to the General Assembly for amendments to the Standards of Quality to establish standards for the maintenance and operations, renovation, and new construction of public elementary and secondary school buildings. The bill requires such recommendations to include standards for the percentage of the current replacement value of a public school building that a school board should budget for the maintenance and operations of the building and such other standards as the Board deems appropriate. The bill also requires the Board to solicit the input of relevant stakeholders and the public in developing such recommendations. Finally, the bill requires the Board to submit its recommendations to the Chairmen of the House Committee on Education and the Senate Committee on Education and Health no later than December 1, 2022. This bill is a recommendation of the Commission on School Construction and Modernization.

A BILL to require the Board of Education to make recommendations to the General Assembly for amendments to the Standards of Quality to establish standards for the maintenance and operations, renovation, and new construction of public elementary and secondary school buildings.

22104287D

S.B. 616

Patron: Lucas


Virginia Literacy Act; early student literacy; evidence-based literacy instruction; science-based reading research. Makes several changes relating to early student literacy, including requiring (i) each education preparation program offered by a public institution of higher education or private institution of higher education or alternative certification program that provides training for any individual seeking initial licensure with an endorsement in a certain area, including as a reading specialist, to demonstrate mastery of science-based reading research and evidence-based literacy instruction, as such terms are defined in the bill; (ii) the literacy assessment required of individuals seeking initial teacher licensure with endorsements in certain areas to include a rigorous test of science-based reading research and evidence-based literacy instruction; (iii) each school board to establish a divisionwide literacy plan; and (iv) each local school board to provide a program of literacy instruction whereby, among other things, (a) the program provides reading intervention services to students in kindergarten through grade three who demonstrate deficiencies based on their individual performance on the Standards of Learning reading assessment or an early literacy screener provided or approved by the Department of Education; (b) a reading specialist, in collaboration with the teacher of any student who receives such reading intervention services, develops, oversees implementation of, and monitors student progress on a student reading plan; and (c) each student who receives such reading intervention services is assessed utilizing either the early literacy screener provided or approved by the Department or the grade-level reading Standards of Learning assessment again at the end of that school year. The provisions of the bill become effective beginning with the 2024–2025 school year.

A BILL to amend and reenact §§ 22.1-1, 22.1-253.13:1, 22.1-253.13:2, 22.1-253.13:5, 22.1-253.13:6, 22.1-298.1, and 23.1-902.1 of the Code of Virginia, relating to early student literacy; evidence-based literacy instruction; science-based reading research.

22104284D

S.B. 628

Patron: Stanley

Public School Trades Incentive Fund and Program; established. Establishes the Public School Trades Incentive Fund (the Fund) and the Public School Trades Incentive Program (the Program) for the purpose of providing grants on a competitive basis from the Fund to any school board that seeks to (i) restore high school programs that teach students skilled trades that lead to earning industry-recognized certifications or credentials or (ii) create or restore middle school programs that encourage and recruit students to participate in high school programs that teach students skilled trades that lead to earning industry-recognized certifications or credentials. The bill requires the Department of Education to administer the Program and to establish such rules and procedures relating to applications and awards as it deems appropriate, provided that the Department considers and gives appropriate weight to certain criteria for grantees. The bill permits any grantee to use Program funds for equipment, curriculum development, or instructor training. The bill requires each grantee to longitudinally track students who complete any program for which the school board received funds in order to determine the effectiveness of the (a) new or restored middle school programs in recruiting students to participate in restored high school programs and (b) restored high school programs in matching students with high-paying jobs in the fields in which they are certified or credentialed.

A BILL to amend the Code of Virginia by adding in Article 4 of Chapter 13 of Title 22.1 a section numbered 22.1-227.2, relating to Public School Trades Incentive Fund and Program; established.

22102570D

S.B. 632

Patron: Locke

Family caregiver tax credit. Creates a nonrefundable income tax credit for taxable years 2022 through 2026 for expenses incurred by an individual in caring for an eligible family member, defined in the bill, who requires assistance with one or more activities of daily living, also defined in the bill. The credit equals 50 percent of eligible expenditures incurred by the caregiver up to $1,000. In order to qualify for the credit, the family caregiver must (i) not receive any compensation or reimbursement for the eligible expenditures, (ii) have federal adjusted gross income that is no greater than $75,000 for an individual or $150,000 for married persons, and (iii) live in the same primary residence as the eligible family member for no fewer than 183 days during the taxable year. The bill requires the Tax Commissioner to establish guidelines for claiming the credit and provides that any unused credit may be carried forward by the taxpayer for five taxable years following the taxable year for which the credit was issued.

A BILL to amend the Code of Virginia by adding in Article 3 of Chapter 3 of Title 58.1 a section numbered 58.1-339.13, relating to family caregiver tax credit.

22104325D

S.B. 661

Patron: Lucas

Virginia Board of Workforce Development; powers and duties; collaboration to develop apprenticeship program. Directs the Virginia Board of Workforce Development to assist the Governor in collaborating with the Department of Education and the Secretaries of Labor, Education, and Commerce and Trade to develop and administer an office that shall serve as the primary office for apprenticeship programs. The Department of Education and the Secretaries of Labor, Education, and Commerce and Trade shall rely on data from the Office of Education and Labor Market Alignment in developing apprenticeship programs that are based on high-demand industry needs.

A BILL to amend and reenact § 2.2-2472 of the Code of Virginia, relating to Virginia Board of Workforce Development; powers and duties; collaboration to develop apprenticeship program.

22104300D

S.B. 666

Patron: Petersen

Eminent domain; lost access and lost profits. Redefines "lost access" and "lost profits" for the purposes of determining just compensation in eminent domain cases.

A BILL to amend and reenact §§ 25.1-100 and 25.1-230.1 of the Code of Virginia, relating to eminent domain; lost access and lost profits.

22104185D

S.B. 703

Patron: Boysko

Information Technology Advisory Council; membership; powers and duties; report. Redefines the purpose and powers and duties of the Information Technology Advisory Council (the ITAC). The bill increases the membership of the ITAC from 16 to 19 members and allows for legislative members to be appointed to the ITAC. The bill also directs the Chief Information Officer of the Commonwealth to report annually to the Governor and the General Assembly regarding the work of the ITAC and any subcommittees. Finally, the bill provides that the ITAC may appoint advisory subcommittees consisting of individuals with expertise in particular subject areas and information technology to advise the ITAC on the utilization of nationally recognized technical and data standards in such subject, and repeals the provision that allows for the ITAC to create and appoint persons to a Health Information Technology Standards Advisory Committee.

A BILL to amend and reenact §§ 2.2-1115.1, 2.2-2022, 2.2-2023, 2.2-2101, 2.2-2699.5, and 2.2-2699.6 of the Code of Virginia and to repeal § 2.2-2699.7 of the Code of Virginia, relating to Information Technology Advisory Council; membership; duties; report.

22104570D

S.B. 712

Patron: Stanley

Department of Regulatory Innovation; Virginia Regulatory Sandbox Program; created. Creates the Department of Regulatory Innovation to oversee the Virginia Regulatory Sandbox Program, also created by the bill, which allows an individual or business to demonstrate a product, production method, or service under a waiver or suspension of one or more state laws or regulations. The bill sets out the process by which an individual or business may apply for participation in the Program, the role of the Department in reviewing such applications for approval or denial, and the requirements for participation in the Program, including provisions related to consumer protection.

A BILL to amend and reenact § 2.2-3705.7 and to amend the Code of Virginia by adding in Title 2.2 a chapter numbered 20.2, containing articles numbered 1 and 2, consisting of sections numbered 2.2-2035 through  2.2-2044, relating to creation of Department of Regulatory Innovation; Virginia Regulatory Sandbox Program.

22104422D

S.B. 727

Patron: Saslaw


Virginia Football Stadium Authority. Establishes the Virginia Football Stadium Authority as a political subdivision charged with financing the construction of a football stadium and related facilities. The Authority is authorized to hire independent contractors, enter contracts, acquire property, borrow money, and exercise other similar powers. The Authority is exempt from the Personnel Act and the Public Procurement Act. The Authority may issue bonds with a maximum maturity date of 40 years.

The bill entitles the Authority to sales tax revenues from transactions at the stadium but would exclude certain revenues that current law dedicates to transportation and education. The bill also entitles the Authority to corporate income tax revenues from football teams that use the stadium and personal income tax revenues from income generated by employment or the conduct of business at the stadium. The Authority receives all corporate income tax revenues, but only 4.25 percent of personal income tax revenues. Remaining personal income tax revenues accrue to the general fund.

The Authority is made up of nine members appointed by the Governor and subject to confirmation by the General Assembly. Four of the nine members are appointed from a list chosen by the football team that primarily will use the stadium.

The bill enables localities to exercise their eminent domain power to acquire property and convey it to the Authority. It also authorizes localities to appropriate tax revenues to the Authority.

A BILL to amend the Code of Virginia by adding in Title 15.2 a chapter numbered 58.1, consisting of sections numbered 15.2-5824 through 15.2-5845, relating to a Virginia Football Stadium Authority.

22104298D

S.B. 730

Patron: Lewis

Jurors; compensation. Increases the daily compensation for jurors from $30 to $100.

A BILL to amend and reenact § 17.1-618 of the Code of Virginia, relating to jurors; compensation.

22104517D

S.B. 760

Patron: Suetterlein

Department of Education; task bank for performance-based assessments. Requires the Department of Education to develop a task bank for performance-based assessments that is built using vetted tasks that have been developed by practitioners and aligns with (i) the Department's Virginia Quality Criteria Review Tool for Performance Assessments, (ii) the content in the standards of quality, and (iii) the skills in the Profile of a Graduate. The bill provides that school divisions may select tasks from the task bank.

A BILL to require the Department of Education to develop a task bank for performance-based assessments that is built using vetted tasks that have been developed by practitioners.

22104569D

S.B. 767

Patron: Locke

Voter registration; restoration of political rights upon release from incarceration; certain adjudications.

A BILL to amend and reenact §§ 24.2-101, 24.2-404, as it is currently effective and as it shall become effective, 24.2-409, 24.2-409.1, 24.2-410, 24.2-418, 24.2-427, 53.1-5, 53.1-10, 64.2-2000, and 64.2-2009 of the Code of Virginia; to amend the Code of Virginia by adding sections numbered 24.2-400.1, 24.2-409.2, and 24.2-418.2; and to repeal Chapter 12.1 (§§ 53.1-231.1 and 53.1-231.2) of Title 53.1 of the Code of Virginia, relating to voter registration; restoration of political rights upon release from incarceration; certain adjudications.

22104979D

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