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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2022 SESSION
Chair: Janet D. Howell
Clerk: Michael Jackson,Thomas Jackson
Staff: Connor Garstka
Date of Meeting: February 10, 2022
Time and Place: 4:30 PM - Shared Committee Room B / Pocahontas Building/ Updated:
Added: SB4,SB399,SB591,SB688,SB716,SB719,SB740,SB463,SB598
Patron: Suetterlein
Emergency Services and Disaster Law; limitation on duration of executive orders. Limits the duration of any executive order issued by the Governor pursuant to his powers under the Emergency Services and Disaster Law to no more than 45 days from the date of issuance. The bill provides that if the General Assembly does not take any action on the rule, regulation, or order within the 45 days during which the rule, regulation, or order is effective, the Governor shall thereafter be prohibited from issuing the same or a similar rule, regulation, or order relating to the same emergency. Under current law, once issued, such executive orders are effective until June 30 following the next regular session of the General Assembly.
A BILL to amend and reenact § 44-146.17, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to Emergency Services and Disaster Law; limitation on duration of executive orders.22100576D
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
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
Patron: Hackworth
Public utilities; waste coal. Provides that renewable energy and renewable energy standard eligible sources include energy derived from waste coal, which the bill defines as usable material that is a byproduct of previous coal processing operations. Additionally, the bill provides an exception to the requirement that all electric generating units located in the Commonwealth that emit carbon as a by-product of combusting fuel to generate electricity are closed by December 31, 2045, for any coal-fired electric generating units owned and operated by a Phase II Utility located in the coalfield region of the Commonwealth that co-fires with biomass.
A BILL to amend and reenact §§ 56-576 and 56-585.5 of the Code of Virginia, relating to public utilities; waste coal and certain coal-fired electric generating units.22100174D
Patron: Obenshain
Killing the fetus of another; manslaughter; penalties. Provides that any person who kills the fetus of another by an intentional act committed while in the sudden heat of passion upon reasonable provocation is guilty of voluntary manslaughter, which is punishable as a Class 5 felony. The bill also provides that any person who kills the fetus of another accidentally, contrary to the intention of the parties and while engaged in conduct so gross, wanton, and culpable as to show a reckless disregard for human life, is guilty of involuntary manslaughter, which is also punishable as a Class 5 felony.
A BILL to amend and reenact § 18.2-32.2 of the Code of Virginia, relating to killing the fetus of another; manslaughter; penalties.22103058D
Patron: Edwards
Juvenile and domestic relations district courts; Department of Juvenile Justice; extending jurisdiction in delinquency matters to persons 18 years of age or older but less than 21 years of age. Raises the maximum age for delinquency matters in juvenile and domestic relations district courts from persons under 18 years of age to persons under 21 years of age. The bill defines "underage person" as an individual who is 18 years of age or older but less than 21 years of age. The bill adds underage persons to all provisions regarding delinquency proceedings in juvenile and domestic relations district courts, the transfer of delinquency matters to circuit courts, and criminal procedure as currently applies to juveniles only. The bill differentiates between juveniles and underage persons in specific circumstances, including consent for medical or mental health records or procedures, mental health screenings in secure detention facilities, and provisions regarding release on bail or recognizance.
A BILL to amend and reenact §§ 16.1-228, 16.1-241, 16.1-242, 16.1-243, 16.1-247, 16.1-248.1 through 16.1-249, 16.1-250, 16.1-254, 16.1-255, 16.1-256, 16.1-259 through 16.1-263, 16.269.1 through 16.1-272, 16.1-273, 16.1-274.1, 16.1-274.2, 16.1-277.1, 16.1-278.7, 16.1-278.8, 16.1-278.8:01, 16.1-280, 16.1-284, 16.1-284.1, 16.1-285, 16.1-287, 16.1-291, 16.1-292, 16.1-293, 16.1-295, 16.1-296, 16.1-297, 16.1-299, 16.1-299.1, 16.1-302, 16.1-305, 16.1-306 through 16.1-309.1, 16.1-356 through 16.1-360, 66-3, 66-3.2, 66-10, 66-12, 66-13, 66-15, 66-18 through 66-21, 66-22.1, and 66-25.1 through 66-25.1:3 of the Code of Virginia, relating to juvenile and domestic relations district courts; Department of Juvenile Justice; extending jurisdiction in delinquency matters to persons 18 years of age or older but less than 21 years of age.22100118D
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
Patron: Suetterlein
Prepared foods; certified food protection managers. Provides that an establishment that sells prepared food shall not be required to have a certified food protection manager on site during all hours of operation.
A BILL to amend the Code of Virginia by adding a section numbered 3.2-5116.1, relating to prepared foods; certified food protection manager.22100724D
Patron: Peake
Permanent protective orders; contact between petitioner and respondent. Provides that when issuing a permanent protective order a court may impose certain conditions on the petitioner, including (i) prohibiting acts of violence, force, or threat or criminal offenses that may result in injury to person or property; (ii) prohibiting such contacts by the petitioner with the respondent or family or household members of the respondent as the court deems necessary for the health or safety of such persons; and (iii) any other relief necessary to prevent (a) acts of violence, force, or threat, (b) criminal offenses that may result in injury to person or property, or (c) communication or other contact of any kind by the petitioner.
A BILL to amend and reenact § 19.2-152.10 of the Code of Virginia, relating to permanent protective orders; contact between petitioner and respondent.22102835D
Patron: Mason
Disposition when defendant found incompetent; involuntary admission of the defendant. Provides that when a defendant is found incompetent, the court may, after a preadmission screening report has been completed and the court has made a finding by clear and convincing evidence that a crime has occurred, without objection by counsel for the defendant as to the defendant's competency to stand trial and upon motion of the attorney for the Commonwealth or its own motion, permit the community services board or behavioral health authority to petition for involuntary admission of the defendant and enter an order of nolle prosequi or dismissal for the criminal charge. Under current law, the court is required to order that the defendant receive treatment to restore his competency. The bill also clarifies the process following the completion of the competency evaluation of a defendant.
A BILL to amend and reenact §§ 19.2-169.1, 19.2-169.2, and 37.2-809 of the Code of Virginia, relating to disposition when defendant found incompetent; involuntary admission of the defendant.22103547D
Patron: Morrissey
Casino gaming; eligible host cities; limits on local referendums. Adds Petersburg to the list of cities eligible to host a casino in the Commonwealth. The bill also provides that the governing body of any eligible host city that holds a local referendum on the question of whether casino gaming should be permitted in such city that subsequently fails shall be prohibited from holding another local referendum on the same question for a period of five years from the date of the last referendum.
A BILL to amend and reenact §§ 58.1-4107 and 58.1-4123 of the Code of Virginia, relating to casino gaming; eligible host cities; limitation on local referendums.22100709D
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
Patron: Obenshain
Misdemeanor sexual offenses where the victim is a minor; statute of limitations; penalty. Provides that the prosecution of the misdemeanor offense of causing or encouraging acts rendering children delinquent where the alleged adult offender has consensual sexual intercourse with a minor who is 15 years of age or older at the time of the offense shall be commenced no later than five years after the victim reaches majority provided that the alleged adult offender was more than three years older than the victim at the time of the offense. Under current law, the prosecution of such offense shall be commenced within one year after commission of the offense.
A BILL to amend and reenact § 19.2-8 of the Code of Virginia, relating to misdemeanor sexual offenses where the victim is a minor; statute of limitations; penalty.22103620D
Patron: Surovell
Sexual abuse of animals; penalty. Provides that any person who knowingly (i) engages in sexual contact with an animal; (ii) causes another person by force, threat, or intimidation to engage in sexual contact with an animal; (iii) advertises, solicits, offers, sells, purchases, or possesses an animal with the intent that the animal be subject to sexual contact; (iv) permits sexual contact with an animal to be conducted on any premises under his ownership or control; (v) produces, distributes, publishes, sells, transmits, finances, possesses with the intent to distribute, publish, sell, or transmit, or makes any attempt to produce, distribute, publish, sell, transmit, or finance an obscene item depicting a person engaged in sexual contact with an animal is guilty of a Class 6 felony. The bill also provides that any person convicted of sexual abuse of an animal may be prohibited from possessing, owning, or exercising control over any animal for a period of up to five years and may be ordered to attend an appropriate treatment program or obtain psychiatric or psychological counseling.
A BILL to amend the Code of Virginia by adding a section numbered 18.2-361.01, relating to sexual abuse of animals; penalty.22100190D
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
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
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
Patron: Ebbin
Manufacture, import, sale, transfer, or possession of plastic firearms and unfinished frames or receivers and unserialized firearms; penalties. Creates a Class 5 felony for any person who manufactures, imports, sells, transfers, or possesses any firearm with a major component, as defined in the bill, that when subjected to inspection by the types of detection devices, including X-ray machines, commonly used at airports for security screening does not generate an image that accurately depicts the shape of the component. The bill updates language regarding the types of detection devices that are used at airports for detecting plastic firearms.
The bill also creates several Class 1 misdemeanors, which are punishable as a Class 4 felony for a second or subsequent offense, making it unlawful (i) for any person to knowingly possess, transport, or receive an unfinished frame or receiver unless the party possessing or receiving the unfinished frame or receiver is a federal firearms importer, manufacturer, or dealer or the unfinished frame or receiver is required by federal law to be, and has been, imprinted with a serial number by a federal firearms importer, manufacturer, or dealer and (ii) for any person to knowingly sell, offer to sell, transfer, or purchase an unfinished frame or receiver unless the party selling, offering to sell, transferring, or purchasing the unfinished frame or receiver is a federal firearms importer, manufacturer, or dealer or the unfinished frame or receiver is required by federal law to be, and has been, imprinted with a serial number by a federal firearms importer, manufacturer, or dealer. The provisions related to the prohibition for possessing, transporting, or receiving an unfinished frame or receiver have a delayed effected date of January 1, 2023.
A BILL to amend and reenact § 18.2-308.5 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-308.5:2, relating to manufacture, import, sale, transfer, or possession of plastic firearms and unfinished frames or receivers and unserialized firearms; penalties.22103963D
Patron: Ebbin
Retail sale of cannabis products by certain pharmaceutical processors and industrial hemp processors; sunset. Allows certain pharmaceutical processors and industrial hemp processors to sell, under the oversight of the Board of Directors of the Virginia Cannabis Control Authority (the Board), cannabis products at retail to unregistered persons who are 21 years of age or older without the need for a written certification. The bill directs the Board to adopt and enforce regulations governing such sales that shall model certain Board of Pharmacy regulations and comply with other requirements set forth in the bill. The bill requires pharmaceutical processors and industrial hemp processors engaging in such sales to pay a $1 million fee and collect a 21 percent excise tax, both of which shall ultimately be allocated to the Virginia Cannabis Control Authority to be used to assist independent cannabis retailers located in designated rural and urban opportunity zones. The bill also requires such pharmaceutical processors and industrial hemp processors to submit and comply with a plan describing how the processor will educate consumers about responsible consumption of cannabis products and incubate independent cannabis retailers or support and educate persons that wish to participate in the cannabis market. The bill has a delayed effective date of January 1, 2023, and shall expire when pharmaceutical processors and industrial hemp processors engaging in the sale of cannabis products pursuant to the provisions of the bill are authorized by the Virginia Cannabis Control Authority to apply for and be granted licenses to cultivate, manufacture, wholesale, and sell at retail to consumers 21 years of age or older retail marijuana and retail marijuana products.
A BILL to allow certain pharmaceutical processors and industrial hemp processors to sell cannabis products at retail; sunset.22104291D
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
Patron: Surovell
Support orders; retroactivity; arrearages; party's incarceration. Makes various changes to provisions of law related to child and spousal support orders, including (i) providing that in cases in which jurisdiction over child support or spousal support has been divested from the juvenile and domestic relations district court and no final support order has been entered, any award for child support or spousal support in the circuit court shall be retroactive to the date on which the proceeding was commenced by the filing of the action in the juvenile and domestic relations district court and (ii) specifying that prejudgment interest on child support should be retroactive to the date of filing.
The bill provides that a party's incarceration alone for 180 or more consecutive days shall not ordinarily be deemed voluntary unemployment or underemployment for the purposes of calculating child support and imputing income for such calculation. The bill further provides that a party's incarceration for 180 or more days shall be a material change of circumstances upon which a modification of a child support order may be based. The provisions of the bill related to imputation of income apply only to petitions for child support and petitions for a modification of a child support order commenced on or after July 1, 2022, and do not create a material change in circumstances for the purposes of modifying a child support order if a parent was incarcerated prior to July 1, 2022, and the incarcerated party cannot establish a material change in circumstances other than incarceration.
A BILL to amend and reenact §§ 16.1-244, 20-78.2, 20-103, 20-108.1, and 63.2-1918 of the Code of Virginia, relating to child support and spousal support; retroactivity; child support obligations; party's incarceration not deemed voluntary unemployment or underemployment.22101341D
Patron: Surovell
Paid sick leave; health care providers and grocery store workers. Requires employers to provide paid sick leave to health care providers, grocery store workers, and home health workers who provide agency-directed services. Under current law, employers are only required to provide paid sick leave to home health workers who provide consumer-directed services. The bill removes requirements that workers work on average at least 20 hours per week or 90 hours per month to be eligible for paid sick leave. Additionally the bill provides that certain health care providers may waive their right to accrue and use paid sick leave and provides an exemption for certain other health care providers.
A BILL to amend and reenact § 40.1-33.3 and 40.1-33.4 of the Code of Virginia, relating to paid sick leave; health care providers and grocery store workers; waiver for certain employees.22102116D
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
Patron: Reeves
Horse racing and pari-mutuel wagering; prohibition on persons under 21 years of age; penalty. Raises from 18 to 21 years of age the minimum age for a person to wager on or conduct any wagering on the outcome of a horse race or to be admitted into a satellite facility without being accompanied by such person's parent or legal guardian.
A BILL to amend and reenact § 59.1-403 of the Code of Virginia, relating to horse racing and pari-mutuel wagering; prohibition on persons under 21 years of age; penalty.22103173D
Patron: Petersen
Petition for modification of sentence; eligibility; procedures. Provides a petition process for a person serving a sentence for any conviction or a combination of any convictions who remains incarcerated in a state or local correctional facility and meets certain criteria to petition the circuit court that entered the original judgment or order to (i) suspend the unserved portion of such sentence or run the unserved portion of such sentence concurrently with another sentence, (ii) place such person on probation for such time as the court shall determine, or (iii) otherwise modify the sentence imposed.
A BILL to amend the Code of Virginia by adding a section numbered 19.2-303.03, relating to petition for modification of sentence; eligibility; procedures.22104101D
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
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
Patron: Ebbin
Cannabis control; retail market; penalties. Establishes a framework for the creation of a retail marijuana market in the Commonwealth. The bill creates a regulatory and licensing structure for such retail market and for the cultivation, manufacture, and wholesale of marijuana and marijuana products to be administered by the Virginia Cannabis Control Authority. The bill also relocates and modifies numerous criminal provisions regarding marijuana offenses. The bill has staggered effective dates. The bill satisfies the reenactment requirement of Chapters 550 and 551 of the Acts of Assembly of 2021, Special Session I, but makes numerous modifications to the provisions of the 2021 legislation related to licensure, criminal penalties, expungement, regulation of certain hemp products, local regulation, and diversity, equity, and inclusion.
A BILL to amend and reenact §§ 2.2-221, 2.2-507, 2.2-511, 2.2-1119, 2.2-2499.8, 2.2-2818, 2.2-2905, 2.2-3114, 2.2-3705.3, 2.2-3711, 2.2-3802, 2.2-4024, 3.2-1010, 3.2-3906, 3.2-4113, 3.2-4116, 4.1-100, 4.1-101.02, 4.1-101.07, 4.1-101.09, 4.1-101.010, 4.1-101.1, 4.1-103, 4.1-104, 4.1-105, 4.1-106, 4.1-107, 4.1-111, 4.1-112.2, 4.1-113.1, 4.1-115, 4.1-116, 4.1-118, 4.1-119, as it is currently effective and as it shall become effective, 4.1-122, 4.1-124, 4.1-128, 4.1-200, 4.1-201, 4.1-202, 4.1-205, 4.1-206.1, as it is currently effective and as it shall become effective, 4.1-206.2, 4.1-206.3, as it is currently effective and as it shall become effective, 4.1-212, 4.1-213, 4.1-215, 4.1-216, 4.1-216.1, 4.1-222, 4.1-224, 4.1-225, 4.1-227, 4.1-230, 4.1-240, 4.1-300, 4.1-302, 4.1-303, 4.1-310, 4.1-310.1, 4.1-320, 4.1-323, 4.1-324, 4.1-325, 4.1-325.2, 4.1-329, 4.1-336, 4.1-337, 4.1-338, 4.1-348, 4.1-349, 4.1-350 through 4.1-354, 4.1-600, 4.1-601, 4.1-603, 4.1-604, 4.1-606, 4.1-1100, 4.1-1101, 4.1-1105.1, 4.1-1107, 4.1-1108, 4.1-1121, 5.1-13, 9.1-101, as it is currently effective and as it shall become effective, 9.1-400, 9.1-500, 9.1-801, 9.1-1101, 15.2-2820, 16.1-69.40:1, 16.1-260, 16.1-273, 16.1-278.9, 17.1-276, 18.2-46.1, 18.2-57, 18.2-247, 18.2-248, 18.2-248.01, 18.2-251, 18.2-251.03, 18.2-251.1:1, 18.2-251.1:2, 18.2-251.1:3, 18.2-252, 18.2-254, 18.2-255, 18.2-255.1, 18.2-255.2, 18.2-258, 18.2-258.02, 18.2-258.1, 18.2-265.1, 18.2-265.2, 18.2-265.3, 18.2-287.2, 18.2-308.03, 18.2-308.012, 18.2-308.016, 18.2-308.4, 18.2-371.2, 18.2-460, 18.2-474.1, 19.2-66, 19.2-81, 19.2-81.1, 19.2-83.1, 19.2-188.1, 19.2-303, 19.2-303.01, 19.2-386.22 through 19.2-386.25, 19.2-389, 19.2-389.3, as it is currently effective and as it shall become effective, 19.2-392.02, 19.2-392.2:1, as it shall become effective, 19.2-392.2:2, as it shall become effective, 19.2-392.3, 19.2-392.6, as it shall become effective, 22.1-206, 22.1-277.08, 23.1-609, 23.1-1301, 33.2-613, 46.2-105.2, 46.2-347, 48-17.1, 51.1-212, 53.1-231.2, 54.1-2903, 54.1-3401, 54.1-3408.3, 54.1-3442.8, 54.1-3446, 58.1-3, 59.1-148.3, 65.2-107, 65.2-402, and 65.2-402.1 of the Code of Virginia and the tenth enactment of Chapter 550 and the tenth enactment of Chapter 551 of the Acts of Assembly of 2021, Special Session I; to amend the Code of Virginia by adding in Chapter 51 of Title 3.2 an article numbered 6, consisting of sections numbered 3.2-5145.6 through 3.2-5145.9, by adding in Chapter 6 of Title 4.1 sections numbered 4.1-629 and 4.1-630, by adding in Title 4.1 chapters numbered 7 through 10, consisting of sections numbered 4.1-700 through 4.1-1009, by adding sections numbered 4.1-1102 through 4.1-1105, 4.1-1106, 4.1-1111, and 4.1-1113 through 4.1-1119, by adding in Title 4.1 a chapter numbered 12, consisting of sections numbered 4.1-1200 through 4.1-1207, by adding in Chapter 13 of Title 4.1 sections numbered 4.1-1300, 4.1-1301, and 4.1-1303 through 4.1-1312, by adding in Title 4.1 a chapter numbered 14, consisting of sections numbered 4.1-1400 through 4.1-1407, by adding in Article 2 of Chapter 1 of Title 6.2 a section numbered 6.2-108, and by adding sections numbered 19.2-392.2:3 and 19.2-392.2:4; and to repeal Article 5 (§§ 3.2-5145.1 through 3.2-5145.5) of Chapter 51 of Title 3.2 and §§ 4.1-1101.1, 4.1-1105.1, 18.2-248.1, and 18.2-251.1 of the Code of Virginia and the sixteenth enactment of Chapter 550 and the sixteenth enactment of Chapter 551 of the Acts of Assembly of 2021, Special Session I, relating to cannabis control; retail market; penalties.22103983D
Patron: Bell
Charitable gaming; registration of landlords; Texas Hold'em poker operations. Provides that the Department of Agriculture and Consumer Services may promulgate regulations that require any landlord that leases to a qualified charitable organization any premises devoted in whole or in part to the conduct of bingo games or any other charitable gaming to register with the Department. The bill also prohibits (i) an organization qualified to conduct Texas Hold'em poker tournaments from conducting any Texas Hold'em poker games where the game has no predetermined end time and the players wager actual money or poker chips that have cash value, and (ii) a qualified organization from contracting with an operator to administer Texas Hold'em poker tournaments. The bill contains technical amendments.
A BILL to amend and reenact §§ 18.2-340.16, 18.2-340.18, 18.2-340.19, 18.2-340.28:2, and 18.2-340.33 of the Code of Virginia, relating to charitable gaming; registration of landlords; Texas Hold'em poker operations.22102779D
Patron: Bell
Charitable gaming; violations; civil penalty. Provides for a civil penalty of not less than $25,000 and not more than $50,000 for any person or organization that (i) conducts charitable gaming without first obtaining a permit to do so, (ii) that continues to conduct such games after revocation or suspension of such permit, or (iii) that otherwise violates any charitable gaming provisions. The bill provides that any such civil penalties collected shall be payable to the State Treasurer for remittance to the Department of Agriculture and Consumer Services.
A BILL to amend the Code of Virginia by adding a section numbered 18.2-340.36:1, relating to charitable gaming; violations; civil penalty.22102789D
Patron: Bell
Enforcement of illegal gaming laws; Charitable Gaming Fund established. Establishes the Charitable Gaming Fund (the Fund) as the receiver of all fees and penalties collected by the Department of Agriculture and Consumer Services (the Department) in its administration of charitable gaming laws. The bill allocates 50 percent of the collected funds to the Department to fund its costs of administering charitable gaming laws; five percent to the Virginia Lottery to fund the costs of the Illegal Gaming Enforcement Coordinator, a position created at the Virginia Lottery by the bill; one percent to the Problem Gambling Treatment and Support Fund; and 44 percent to the general fund.
The bill charges the Illegal Gaming Enforcement Coordinator with coordinating local, state, and federal enforcement of illegal gaming laws and with establishing a tip line for members of the public to report concerns about illegal gaming.
A BILL to amend and reenact §§ 18.2-340.16 and 58.1-4002 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 18.2-340.35:1 and 58.1-4005.1, relating to enforcement of illegal gaming laws; Charitable Gaming Fund established.22102802D
Patron: Reeves
Virginia Department of Agriculture and Consumer Services; Charitable Gaming Board; powers and duties. Changes the Charitable Gaming Board (the Board) from a policy board to an advisory board in the executive branch of state government, decreases the membership from 11 to nine members, and moves the power and duty to promulgate regulations related to charitable gaming in the Commonwealth from the Board to the Department of Agriculture and Consumer Services (the Department). The bill provides (i) that the current regulations enacted by the Board shall be administered by the Department and remain in full force and effect until the Department promulgates new regulations pursuant to this bill and (ii) that notwithstanding clause (i), the regulations promulgated by the Board regarding Texas Hold'em poker games and tournaments, which became effective on March 23, 2021, and were rescinded by the General Assembly pursuant to Item 105 of Chapter 552 of the Acts of Assembly of 2021, Special Session I, shall not take effect, but the Department shall promulgate regulations regarding Texas Hold'em poker games and tournaments consistent with the provisions of Chapter 982 of the Acts of Assembly of 2020 and pursuant to the provisions of the Administrative Process Act. The bill contains technical amendments.
A BILL to amend and reenact §§ 2.2-2455, 2.2-2456, 2.2-3705.6, 2.2-4002, 3.2-102, 18.2-325, 18.2-340.15, 18.2-340.16, 18.2-340.18, 18.2-340.19, 18.2-340.20, 18.2-340.22 through 18.2-340.26, 18.2-340.26:2, 18.2-340.28:2, 18.2-340.30, 18.2-340.31, 18.2-340.33 through 18.2-340.34:2, and 18.2-340.36 of the Code of Virginia, relating to the Virginia Department of Agriculture and Consumer Services; Charitable Gaming Board; powers and duties.22104179D
Patron: Reeves
Charitable gaming. Provides that electronic gaming, defined in the bill as charitable gaming conducted primarily by use of an electronic device, is restricted to social organizations and is limited to such organizations' social quarters. The bill provides that all receipts attributable to electronic gaming shall be reported to the Department of Agriculture and Consumer Services and shall be subject to application, audit, and administration fees.
The bill eliminates exceptions in current law for veterans and fraternal organizations. Without the exceptions, such organizations shall be subject to two prohibitions that, under current law, apply to all other organizations: (i) they are prohibited from offering bingo, instant bingo, pull tabs, or seal cards outside of their home locality and (ii) they are prohibited from offering such games at a Department of Alcoholic Beverage Control-licensed location unless they hold the license.
A BILL to amend and reenact §§ 18.2-340.16, 18.2-340.19, 18.2-340.20, 18.2-340.23, 18.2-340.26:1, 18.2-340.27, 18.2-340.28, 18.2-340.28:1, and 18.2-340.30 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-340.26:3, relating to charitable gaming.22104080D
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
Patron: Dunnavant
Insurance for employees of certain public school foundations. Provides that any locality may provide group life, accident, and health insurance programs for employees of certain public school foundations.
A BILL to amend and reenact § 15.2-1517 of the Code of Virginia, relating to insurance for employees of certain public school foundations.22101435D
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
Patron: Bell
Campaign finance; prohibited personal use of campaign funds; complaints, hearings, civil penalty, and advisory opinions. Prohibits any person from converting contributions to a candidate or a candidate's campaign committee for their personal use. Current law only prohibits such conversion of contributions with regard to disbursement of surplus funds at the dissolution of a campaign or political committee. The bill provides that a contribution is considered to have been converted to personal use if the contribution, in whole or in part, is used to fulfill any commitment, obligation, or expense that would exist irrespective of the person's seeking, holding, or maintaining public office but excepts from "personal use" the ordinary and accepted expenses related to campaigning for or holding elective office, including the use of campaign funds to pay for the candidate's child care expenses that are incurred as a direct result of campaign activity. Any person subject to the personal use ban may request an advisory opinion from the State Board of Elections on such matters. The bill directs the State Board of Elections to adopt emergency regulations similar to those promulgated by the Federal Election Commission to implement the provisions of the bill and to provide an updated summary of Virginia campaign finance law that reflects the Attorney General's opinion and any new regulations promulgated by the State Board of Elections.
A BILL to amend and reenact §§ 2.2-3711, 24.2-946, and 24.2-948.4 of the Code of Virginia and to amend the Code of Virginia by adding in Article 3 of Chapter 9.3 of Title 24.2 sections numbered 24.2-948.5, 24.2-948.6, and 24.2-948.7, relating to relating to campaign finance; prohibited personal use of campaign funds; complaints, hearings, civil penalty, and advisory opinions.22102785D
Patron: McClellan
Court appearance of a person not free on bail. Makes various changes to provisions regarding bail hearings, including (i) the appointment of counsel for the accused, (ii) the information provided to counsel for the accused, (iii) a requirement that counsel for the accused be provided with adequate time to confer with the accused prior to any bail hearing, and (iv) the compensation of counsel for the accused. Effective in due course, the bill provides that the chief judge in each circuit shall create a plan to be completed by October 1, 2022, that establishes the means by which the jurisdiction will meet these requirements. The remainder of the bill has a delayed effective date of January 1, 2023.
A BILL to amend and reenact § 19.2-158 of the Code of Virginia, relating to court appearance of a person not free on bail.22101039D
Patron: McClellan
Workplace violence protective orders. Provides that an employer may petition the court for a preliminary protective order or a protective order to protect the health and safety of its employees. The bill provides that the venue for a workplace violence protective order is the jurisdiction where the workplace is located from which the petitioner seeks to have the respondent prohibited.
A BILL to amend and reenact § 19.2-152.11 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 19.2-152.10:1, relating to workplace violence protective orders; penalty.22103935D
Patron: Lewis
Life cycle of renewable energy facilities; report. Directs the Department of Energy, in consultation with the Department of Environmental Quality, to analyze the life cycle of renewable energy facilities and to report its findings to the Governor and the Chairs of the House Committee on Agriculture, Chesapeake and Natural Resources and the Senate Committee on Agriculture, Conservation and Natural Resources no later than December 1, 2022.
A BILL to direct the Department of Energy and the Department of Environmental Quality to analyze the life cycle of renewable energy facilities; report.22102112D
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
Patron: Reeves
Illegal gaming devices; Virginia Fraud Against Taxpayers Act; civil penalty. Adds the manufacturing for sale, selling, or distributing of an illegal gaming device while knowing that it is or is intended to be operated in the Commonwealth in violation of the law to the list of violations for which a civil penalty may be assessed against a person who is found to have committed such violation. The bill also adds a knowledge requirement to the existing violation of possessing or controlling an illegal gambling device. The bill also provides for a civil penalty of up to $25,000 per gambling device for any person who sells a gambling device that is located in an unregulated location. The bill provides that it shall be sufficient ground for an action for pretrial levy or seizure or an attachment that a principal defendant has conducted, financed, managed, supervised, directed, sold, or owned a gambling device that is located in an unregulated location.
A BILL to amend and reenact §§ 8.01-216.3, 8.01-534, and 18.2-331.1 of the Code of Virginia, relating to illegal gaming devices; Virginia Fraud Against Taxpayers Act; civil penalty.22104310D
Patron: Marsden
Oversight of research breeders; Animal Welfare Oversight Officer; Animal Welfare Oversight Advisory Committee; civil penalty. Directs the State Veterinarian to hire an Animal Welfare Oversight Officer to inspect and oversee the operations of research breeders, defined in the bill as a person or entity that breeds dogs or cats for sale or transfer for use in testing or research within or outside the Commonwealth, and report any violations of state or federal law by the research breeder. The bill requires each research breeder to register with the Animal Welfare Oversight Officer, pay a registration fee as determined by the Commissioner of Agriculture and Consumer Services, and allow the Animal Welfare Oversight Officer continuous access to its facilities located in the Commonwealth. The bill subjects a research breeder that does not register, pay the fee, or allow the Animal Welfare Oversight Officer access to its facilities to a civil penalty of $1,000 for each day of noncompliance. The bill also establishes an Animal Welfare Oversight Advisory Committee.
A BILL to amend the Code of Virginia by adding in Article 13 of Chapter 65 of Title 3.2 a section numbered 3.2-6593.2, relating to oversight of research breeders; Animal Welfare Oversight Officer; Advisory Committee; civil penalty.22104308D
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
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
Patron: Lucas
Sealing of offenses resulting in a deferred and dismissed disposition or conviction. Provides that a person shall not pay any fees or costs for filing a sealing criminal records petition. Under current law, a person is required to file an indigence petition for any fees or costs to be waived. The bill also eliminates the lifetime cap on the number of sealing petitions that may be filed. The bill reduces from seven years to three years for a misdemeanor offense and from 10 years to seven years for a felony offense the minimum period of time between the offense to be sealed and the filing of the sealing petition during which the petitioner must not have been convicted of violating any law of the Commonwealth. The bill also adds convictions for (i) failure to pay child support, (ii) driving without a license, (iii) driving with a suspended or revoked license, and (iv) a misdemeanor violation of reckless driving to the list of offenses eligible for an automatic sealing. The bill also specifies that the sealing of records related to a conviction includes sealing any criminal history record information and court records related to any violation of the terms and conditions of a suspended sentence or probation for such conviction.
A BILL to amend and reenact §§ 19.2-392.6, as it shall become effective, and 19.2-392.12, as it shall become effective, of the Code of Virginia, relating to sealing of offenses resulting in a deferred and dismissed disposition or conviction.22104109D
Patron: Stuart
Department of Environmental Quality; issuance of issue certain permits. Authorizes the Department of Environmental Quality to issue Virginia Pollutant Discharge Elimination Permits to certain existing sewage treatment plants that serve no more than 22 homes.
A BILL to allow Department of Environmental Quality to issue certain permits.22104316D
Patron: Kiggans
Coastal Virginia Resiliency Authority; established. Establishes the Coastal Virginia Resiliency Authority (the Authority) as a body politic and corporate, a political subdivision of the Commonwealth. The bill provides that the Authority shall be governed by a 17 member Board of Directors as follows: (i) the Secretary of Natural and Historic Resources or his designee; (ii) the Secretary of Transportation or his designee; (iii) the Chair of the Senate Committee on Agriculture, Conservation and Natural Resources or his designee; (iv) the Chair of the House Committee on Agriculture, Chesapeake and Natural Resources or his designee; (v) two members of the Senate appointed by the Senate Committee on Rules; (vi) two members of the House of Delegates appointed by the Speaker of the House; (vii) an Officer, defined in the bill, from the each of the Hampton Roads, Crater, Richmond Region, Middle Peninsula, Northern Neck, and Accomack-Northampton Planning District Commissions selected by the Governor; and (viii) three nonlegislative members who reside in the Hampton Roads, Crater, Richmond Region, Middle Peninsula, Northern Neck, or Accomack-Northampton Planning District Commissions appointed by the Joint Rules Committee. Certain portions of the bill have a delayed effective date of January 1, 2023.
A BILL to amend and reenact § 10.1-603.25 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 22 of Title 2.2 an article numbered 13, consisting of sections numbered 2.2-2377 through 2.2-2387, relating to Coastal Virginia Resiliency Authority; established.22103952D
Patron: Mason
Sports betting; Virginia college sports. Allows betting, with the exception of proposition betting, on Virginia college sports. Under current law, betting other than proposition betting is allowed on all college sports except Virginia college sports.
A BILL to amend and reenact §§ 58.1-4030 and 58.1-4039 of the Code of Virginia and the fourth enactment of Chapter 1197 and the fourth enactment of Chapter 1248 of the Acts of Assembly of 2020, relating to sports betting; Virginia college sports.22100846D
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
Patron: Hanger
Cannabis; shape prohibitions. Requires the Board of Directors of the Virginia Cannabis Control Authority to promulgate regulations that prohibit the production and sale of retail marijuana and retail marijuana products that depict or are in the shape of a human, animal, vehicle, or fruit.
A BILL to amend and reenact § 4.1-606 of the Code of Virginia, relating to cannabis; shape prohibitions.22101413D
Patron: Pillion
College partnership laboratory schools; application and establishment. Permits any public institution of higher education, private institution of higher education, or private business to apply to the Board of Education (the Board) to establish a college partnership laboratory school as a new school or through the conversion of all or part of an existing school. Under current law, only public and private institutions of higher education that operate approved teacher education programs are permitted to apply to the Board to establish such a school and no explicit provision is made for the conversion of an existing school. The bill requires the Board, in reviewing such applications, to give substantial preference to any application from a historically black college or university and any application to establish a college partnership laboratory school in an underserved community, which the bill defines as a geographical area that is served by public schools in which a high percentage of students are eligible to receive free or reduced-price lunch, as determined by the Board.
A BILL to amend and reenact §§ 22.1-349.1, 22.1-349.5, 22.1-349.6, 22.1-349.9, 22.1-349.10, and 22.1-349.11, of the Code of Virginia, relating to college partnership laboratory schools; application and establishment.22104003D
Patron: Stanley
Animal cruelty; companion animals; penalty. Clarifies that dogs and cats in the possession of a person who or an entity that breeds dogs or cats for sale or transfer to an animal research facility are considered companion animals for the purposes of animal cruelty statutes. The bill also provides that breeding dogs or cats for sale or transfer to a research facility, or breeding dogs or cats within a research facility, does not constitute bona fide scientific or medical experimentation for purposes of animal cruelty statutes.
A BILL to amend and reenact §§ 3.2-6500 and 3.2-6570 of the Code of Virginia, relating to animal cruelty; companion animals; penalty.22104107D
Patron: Boysko
Highway use fee, mileage-based user fee program; program clarifications developed by the working group. Requires the Commissioner of the Department of Motor Vehicles to deny the registration or registration renewal of a participant in the mileage-based user fee program who has failed to pay the mileage-based user fee. The bill protects certain data collected for the mileage-based user fee program from disclosure. The bill directs the Commissioner to establish a process for issuing prorated refunds of mileage-based user fees to certain participants.
A BILL to amend and reenact §§ 46.2-772 and 46.2-773 of the Code of Virginia, relating to highway use fee, mileage-based user fee program; program clarifications developed by the working group.22104372D
Patron: Favola
Paid sick leave; home health workers providing agency-directed services. Requires employers to provide paid sick leave to home health workers who provide agency-directed services. Under current law, employers are only required to provide paid sick leave to home health workers who provide consumer-directed services. The bill provides that "employer" includes the Commonwealth, any of its agencies, institutions, or political subdivisions, and any public body.
A BILL to amend and reenact § 40.1-33.3 of the Code of Virginia, relating to paid sick leave; home health workers providing agency-directed services.22103398D
Patron: Barker
Fair Labor Standards Act; overtime; employer liability. Replaces the current provisions of the Virginia Overtime Wage Act with the provision that any employer that violates the overtime wage requirements of the federal Fair Labor Standards Act, and any related laws and regulations, shall be liable to its employee for remedies or other relief available under the Fair Labor Standards Act.
A BILL to amend and reenact §§ 40.1-29, 40.1-29.1, and 40.1-29.2 of the Code of Virginia, relating to Fair Labor Standards Act; overtime; employer liability.22103916D
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
Patron: Morrissey
Public defender offices; County of Henrico. Establishes a public defender office for the County of Henrico.
A BILL to amend and reenact § 19.2-163.04 of the Code of Virginia, relating to public defender offices; County of Henrico.22103368D
Patron: Ebbin
Removing, altering, etc., serial number on firearm; selling, giving, etc., or possessing firearm with removed, altered, etc., serial number; penalty. Makes it a Class 1 misdemeanor for any person, firm, association, or corporation to knowingly possess any pistol, shotgun, rifle, machine gun, or any other firearm that has a serial number that has been removed, altered, changed, destroyed, or obliterated in any manner. The bill also makes it a Class 6 felony for any person, firm, association, or corporation to sell, give, or distribute any pistol, shotgun, rifle, machine gun, or other firearm that has a serial number that has been removed, defaced, altered, changed, destroyed, or obliterated in any manner.
A BILL to amend and reenact § 18.2-311.1 of the Code of Virginia, relating to removing, altering, etc., serial number on firearm; selling, giving etc., or possessing firearm with removed, altered, etc., serial number; penalty.22104144D
Patron: Cosgrove
Definition of public aircraft; sunset. Repeals the September 1, 2023, sunset of changes made to the definition of "public aircraft" by the 2018 Session of the General Assembly.
A BILL to repeal the second enactment of Chapter 357 and the second enactment of Chapter 441 of the Acts of Assembly of 2018, relating to definition of public aircraft; sunset.22103541D
Patron: Ebbin
Unemployment compensation; required written notice upon separation. Requires each employer to provide each individual who is separated from such employer a written notice that includes the individual's name and social security number, the employer's legal name and unemployment tax account number, the reason for separation, and information on the individual's right to apply for unemployment compensation. The bill requires that such written notice be mailed to the individual's last known address or otherwise provided to the individual within three days of the separation. The bill requires the Virginia Employment Commission to establish and make available a sample form notice that an employer may use to comply with such notice requirement. The bill authorizes the Virginia Employment Commission to request, at any time, that an employer submit information related to a claim including separation information through electronic means unless the employer has been granted a waiver by the Commission.
A BILL to amend and reenact § 60.2-106 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 60.2-121.2, relating to unemployment compensation; required written notice upon separation; electronic submission of information.22103376D
Patron: Hashmi
Innovative Internship Program; Virginia Office of Education Economics. Directs the State Council of Higher Education for Virginia to partner with the Virginia Office of Education Economics to collect and utilize data that includes the gaps that are most significant in hindering the Commonwealth from achieving its goals that its funds are intended to accomplish under the Innovative Internship Program, and provides other directives to the Council and the Office to collaborate on and accomplish for the Innovative Internship Program.
A BILL to amend and reenact § 23.1-903.4 of the Code of Virginia, relating to Innovative Internship Program; Virginia Office of Education Economics.22104777D
Patron: Mason
Advanced Manufacturing Talent Investment Program and Fund. Creates the Advanced Manufacturing Talent Investment Program and Fund to assist qualified institutions, as defined in the bill, in reaching, by 2042, a goal of increasing by at least 25,000 new eligible credentials, which are noncredit workforce credentials awarded by a qualified institution in a high demand advanced manufacturing field as identified by the Board of Workforce Development. To be eligible for an annual grant, a qualified institution is required to enter into a memorandum of understanding setting forth specific criteria for eligible credentials, eligible expenses, credential production goals, and completion rates.
A BILL to amend the Code of Virginia by adding in Title 23.1 a chapter numbered 12.2, consisting of sections numbered 23.1-1244 through 23.1-1248, relating to Advanced Manufacturing Talent Investment Program and Fund.22102566D
Patron: Mason
Abuse and neglect; financial exploitation; incapacitated adults; penalties. Changes the term "incapacitated adult" to "vulnerable adult" for the purposes of the crime of abuse and neglect of such adults and defines "vulnerable adult" as any person 18 years of age or older who is impaired by reason of mental illness, intellectual or developmental disability, physical illness or disability, advanced age, or other causes to the extent the adult lacks sufficient understanding or capacity to make, communicate, or carry out reasonable decisions concerning his well-being or has one or more limitations that substantially impair the adult's ability to independently provide for his daily needs or safeguard his person, property, or legal interests. The bill adds the definition of "advanced age" as it is used in the definition of "vulnerable adult" to mean 65 years of age or older. The bill also changes the term "person with mental incapacity" to the same meaning of "vulnerable adult" for the purposes of the crime of financial exploitation. This bill is a recommendation of the Virginia Criminal Justice Conference.
A BILL to amend and reenact §§ 18.2-60.5, 18.2-178.1, 18.2-369, 46.2-341.20:7, 54.1-3408.3, 54.1-3442.5, 54.1-3442.6, and 54.1-3442.7 of the Code of Virginia, relating to abuse and neglect; financial exploitation; incapacitated adults; penalties.22104033D
Patron: Mason
Determination of competency; report to Commissioner of Behavioral Health and Developmental Services. Provides that a copy of the competency report shall be sent to the Commissioner of Behavioral Health and Developmental Services for the purpose of (i) conducting peer review and (ii) monitoring use of forensic assessments by the courts and their impact on the defendants and the public. Under current law, copies of such reports are sent to the Commissioner of Behavioral Health and Developmental Services for the purposes of establishing and maintaining the list of approved evaluators.
A BILL to amend and reenact § 19.2-169.1 of the Code of Virginia, relating to determination of competency; report to Commissioner of Behavioral Health and Developmental Services.22104203D
Patron: DeSteph
Covering a security camera in a correctional facility; penalty. Provides that any person, other than a law-enforcement officer, jail officer, correctional officer, or other custodial officer, who intentionally covers, removes, damages, renders inoperable or otherwise obscures a security camera, as defined in the bill, without the permission of the sheriff, jail superintendent, warden, or Director of the Department of Corrections or Department of Juvenile Justice is guilty of a Class 1 misdemeanor. The bill also provides that any person who intentionally covers, removes, damages, renders inoperable or otherwise obscures a security camera with the intent of inhibiting or preventing a security camera from recording or transmitting a photograph, motion picture, or other digital image of the commission of a felony is guilty of a Class 6 felony.
A BILL to amend the Code of Virginia by adding a section numbered 18.2-473.2, relating to covering a security camera in a correctional facility; penalty.22104206D
Patron: Marsden
Driving Decarbonization Program and Fund. Establishes a driving decarbonization program and fund to assist developers with non-utility costs associated with the installation of electric vehicle charging stations. A developer would be eligible to grants of 50 to 70 percent of the non-utility costs, depending on where the charging station is located in the Commonwealth. The total amount of grants awarded in a fiscal year is capped at $20 million, with at least $5 million in grants reserved for charging stations located in historically economically distressed communities.
A BILL to amend the Code of Virginia by adding in Chapter 17 of Title 45.2 an article numbered 9, consisting of sections numbered 45.2-1734, 45.2-1735, and 45.2-1736, relating to creation of the Driving Decarbonization Program and Fund.22104355D
Patron: Deeds
Department of Behavioral Health and Developmental Services; voluntary mental health check-in option as part of the comprehensive crisis system; report. Directs the Department of Behavioral Health and Developmental Services to implement a voluntary mental health check-in option as part of the comprehensive crisis system and to report by November 1, 2022, to the Governor and the Chairmen of the House Committees on Appropriations and Health, Welfare and Institutions and the Senate Committees on Education and Health and Finance and Appropriations regarding its progress in implementing such program.
A BILL to require the Department of Behavioral Health and Developmental Services to implement a voluntary mental health check-in option as part of the comprehensive crisis system; report.22104523D
Patron: Petersen
Department of Housing and Community Development; broadband affordability plan. Directs the Department of Housing and Community Development to develop the Commonwealth Digital Affordability and Cost-Effectiveness to address broadband affordability and equity. The bill requires that the Plan include (i) an overview of where in the Commonwealth broadband and other digital connectivity is unaffordable; (ii) recommendations on how best to leverage federal grants addressing broadband affordability to best execute the Plan; (iii) best practices for establishing a grant program or its equivalent to address digital affordability, taking into account existing federal funds and programs; (iv) a strategy to expand the affordability of broadband by retrofitting all affordable housing projects with broadband installations and other necessary infrastructure improvements; and (v) recommendations, including recommendations for a public outreach plan, on how to take advantage of the $14 billion Affordability Connectivity Program of the federal Infrastructure Investment and Jobs Act to support a permanent $30-a-month broadband subsidy for low-income households, National Telecommunications and Information Administration programs, and the U.S. Department of Agriculture Reconnect program. The bill requires the Department to report the Plan to the Governor and the General Assembly by December 1, 2022.
A BILL to direct the Department of Housing and Community Development to develop a plan to address broadband affordability and equity.22104552D
Patron: Cosgrove
Department of Military Affairs; health care insurance premiums for members of Virginia National Guard or Virginia Defense Force. Provides that the Department of Military Affairs shall have the power to pay the employer portion of health care insurance premiums for any member of the Virginia National Guard or Virginia Defense Force when certain circumstances are met. The bill requires the Department to establish policies, procedures, and protocols to implement and record such payments and to report annually to the Secretary of Veterans and Defense Affairs all such payments made.
A BILL to amend the Code of Virginia by adding a section numbered 44-11.2, relating to Department of Military Affairs; health care insurance premiums for members of Virginia National Guard or Virginia Defense Force.22104370D
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
Patron: Surovell
Department of Housing and Community Development; common interest communities; standards for structural integrity and reserves for capital components; task force; report. Directs the Department of Housing and Community Development to establish a task force to study the adequacy of current laws addressing standards for structural integrity and for maintaining reserves to repair, replace, or restore capital components in common interest communities. The bill directs the task force to report its findings and recommendations, including any legislative recommendations, to the Chairmen of the House Committee on General Laws and the Senate Committee on General Laws and Technology no later than November 1, 2022.
A BILL to direct the Department of Housing and Community Development to establish a task force to study the adequacy of current laws addressing standards for structural integrity and for maintaining reserves to repair, replace, or restore capital components in common interest communities; report.22100206D
Patron: Surovell
Expungement of offenses civil penalty. Provides for the automatic sealing of misdemeanor marijuana offenses and the petition-based sealing for certain felony marijuana offenses. The bill requires a business screening service, defined in the bill, to destroy all expunged records, as defined in the bill, and to follow reasonable procedures to ensure that it does not maintain or sell expunged records. The bill also provides that any petition for expungement shall be kept under seal and that an indigent person may file a petition for expungement without the payment of fees and costs and can request court-appointed counsel, who shall be paid from the Sealing Fee Fund. The bill has staggered delayed effective dates in order to develop systems for implementing the sealing provisions of the bill.
A BILL to amend and reenact §§ 9.1-128, as it shall become effective, 17.1-205.1, 19.2-392.2, 19.2-392.6, as it shall become effective, 19.2-392.12, as it shall become effective, and 19.2-392.16, as it shall become effective, of the Code of Virginia and to repeal §§ 19.2-389.3, 19.2-392.2:1, and 19.2-392.2:2 of the Code of Virginia, relating to expungement of offenses; civil penalty.22104596D
Patron: Surovell
Parole; exception to the limitation on the application of parole statutes; felony marijuana convictions. Provides that a person is eligible to be considered for parole if such person was convicted of certain felony marijuana offenses when such offense was committed on or after January 1, 1995, and the person was committed by a court to the Department of Corrections and remained incarcerated for such offense on July 1, 2022.
A BILL to amend and reenact § 53.1-165.1 of the Code of Virginia, relating to parole; exception to the limitation on the application of parole statutes; felony marijuana convictions.22103531D
Patron: Dunnavant
Standardized Health Care Academy Program; established. Establishes the Standardized Health Care Academy Program for the purpose of providing training and opportunities to high school students in health care professional programs that are offered by associate-degree-granting public institutions of higher education. The bill directs the State Board for Community Colleges to establish the Program and work with the Department of Education in setting out parameters for the Program.
A BILL to amend the Code of Virginia by adding a section numbered 23.1-2911.3, relating to Standardized Health Care Academy Program; established.22104534D
Patron: Reeves
Virginia Military Survivors and Dependents Education Program.
A BILL to amend and reenact § 23.1-608 of the Code of Virginia, relating to Virginia Military Survivors and Dependents Education Program.22104975D
Patron: Reeves
Unemployment compensation; program integrity.
A BILL to amend the Code of Virginia by adding a section numbered 60.2-612.1, relating to unemployment compensation; program integrity.22104974D