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ACROSS SESSIONS
- Subject Index: Since 1995
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2023 SESSION
Co-Chair: Janet D. Howell - Co-Chair: George L. Barker
Clerk: G. Conway, B. Khan, C. Dunn
Staff: Stephen Kinderman
Date of Meeting: January 31, 2023
Time and Place: 9:00 a.m. Shared Committee Room
https://virginia-senate.granicus.com/ViewPublisher.php?view_id=3
Patron: Stanley
STEM+C Competition Team Grant Program and Fund; established. Establishes the Science, Technology, Engineering, Mathematics, and Computing (STEM+C) Competition Team Grant Program to encourage interest in STEM+C-related subject areas and support STEM+C-related extracurricular team-building activities in public schools in the Commonwealth by providing grants to qualified schools, as defined in the bill, for use in establishing or supporting STEM+C competition teams. The bill also creates the STEM+C Competition Team Grant Fund for the purpose of providing such grants to qualified schools.
A BILL to amend the Code of Virginia by adding in Title 22.1 a chapter numbered 27, consisting of sections numbered 22.1-369 through 22.1-372, relating to Science, Technology, Engineering, Mathematics, and Computing (STEM+C) Competition Team Grant Program and Fund; established.23100371D
Patron: Locke
Department of Housing and Community Development; powers and duties of Director. Adds to the powers and duties of the Director of the Department of Housing and Community Development (the Department) the responsibility to conduct a comprehensive statewide housing needs assessment at least every five years, to develop a statewide housing plan and update such plan at least every five years, to provide annual updates to the General Assembly regarding meeting the goals of such plan, and to collect and publish certain zoning information collected from Virginia localities. The bill requires localities to respond to inquiries of the Department regarding the collection of such zoning information upon request.
A BILL to amend and reenact § 36-139 of the Code of Virginia, relating to the Department of Housing and Community Development; powers and duties of Director.23100939D
Patron: Favola
Background checks; peer recovery specialists; barrier crime exceptions. Permits the Department of Behavioral Health and Developmental Services, direct care service providers, and community boards to hire peer recovery specialists who have been convicted of certain barrier crimes where a history of such offense does not pose a risk in the work of a peer recovery specialist.
A BILL to amend and reenact §§ 37.2-314, 37.2-416, and 37.2-506 of the Code of Virginia, relating to background checks; peer recovery specialists; barrier crime exceptions.23102071D
Patron: Newman
Southern Virginia Internet Crimes Against Children program; additional funding. Provides that in each fiscal year, at least $2.5 million shall be appropriated to the Southern Virginia Internet Crimes Against Children program for investigating and prosecuting Internet crimes against children. The bill provides that moneys that are disbursed from the Internet Crimes Against Children Fund to the Southern Virginia Internet Crimes Against Children program shall count toward this appropriation and if the moneys disbursed from the Internet Crimes Against Children Fund to the Southern Virginia Internet Crimes Against Children program total less than $2.5 million, the general fund shall disburse any additional moneys as necessary.
A BILL to provide additional funding for the Southern Virginia Internet Crimes Against Children program.23101707D
Patron: Newman
Emergency custody; temporary detention; alternative transportation. Requires magistrates to authorize alternative transportation if a person subject to an emergency custody order or temporary detention order is deemed to not be a danger to himself or others and appropriate alternative transportation is available.
A BILL to amend and reenact §§ 37.2-808 and 37.2-810 of the Code of Virginia, relating to emergency custody; temporary detention; alternative transportation.23103084D
Patron: Newman
Standards for accreditation; school accreditation review frequency. Eliminates the requirement that the Board of Education perform a triennial review of the accreditation status of a public school that has been fully accredited for three consecutive years. The bill also eliminates the provision permitting the Board to do a review of the accreditation status of any other school once every two or three years and the requirement that any such school receiving a multiyear accreditation status other than full accreditation be covered by a Board-approved multiyear corrective action plan. Under the bill, the Board is required to review annually the accreditation status of all schools in the Commonwealth.
A BILL to amend and reenact § 22.1-253.13:3 of the Code of Virginia, relating to Standards for accreditation; school accreditation review frequency.23101186D
Patron: Spruill
Elections; protection of election officials; penalty. Adds to the list of protected voters any election official or employee of an election official. Protected voters are permitted by law to provide on the application for voter registration, in addition to the voter's residence street address, a post office box address located within the Commonwealth, which would be the address included on (i) lists of registered voters and persons who voted, (ii) voter registration records made available for public inspection, and (iii) lists of absentee voter applicants. The bill also makes it a Class 5 felony to hinder or prevent an election official or employee of an election official from administering elections. Under current law it is only a Class 5 felony to hinder or prevent an officer of election at a location being used for voting from holding an election.
A BILL to amend and reenact §§ 24.2-418 and 24.2-1000 of the Code of Virginia, relating to elections; protection of election officials; penalty.23100619D
Patron: Ruff
Public-Private Partnership Advisory Commission; membership. Makes the Secretary of Finance a permanent member of the Public-Private Partnership Advisory Commission and requires a responsible public entity to submit to the Secretary a copy of any proposal or proposed interim or comprehensive agreement for a qualifying project that it submits to the Commission and other enumerated entities.
A BILL to amend and reenact §§ 30-279 and 30-280 of the Code of Virginia, relating to the Public-Private Partnership Advisory Commission; membership.23103826D
Patron: Morrissey
State parks; Virginia National Guard Passport established; free entry and parking. Directs the Department of Conservation and Recreation to establish a Virginia National Guard Passport that authorizes a member of the Virginia National Guard to enter state parks without paying a parking or admission fee.
A BILL to amend the Code of Virginia by adding a section numbered 10.1-202.3, relating to state parks; Virginia National Guard Passport established; free entry and parking.23102875D
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.23103122D
Patron: Favola
Kinship as Foster Care Prevention Program. Establishes the Kinship as Foster Care Prevention Program (the Program) to promote and support placements of children with relatives by local boards of social services (local boards) in order to avoid foster care. The bill provides that a child is eligible to participate in the Program if the local board determines that (i) the child is at imminent risk of being removed from his home and a preliminary protective order is insufficient to address the child's immediate safety concerns and (ii) the child's parent or guardian consents to the placement of the child with a relative pursuant to an agreement with the local board developed in accordance with the provisions of the bill.
A BILL to amend the Code of Virginia by adding in Chapter 15 of Title 63.2 an article numbered 7, consisting of a section numbered 63.2-1531, relating to Kinship as Foster Care Prevention Program.23103800D
Patron: Hashmi
Claims; Michael Haas; compensation for wrongful incarceration. Provides relief in an amount to be provided for in the appropriation act to Michael Haas, who was wrongly convicted of forcible sodomy.
A BILL for the relief of Michael Haas, relating to claims; compensation for wrongful incarceration.23100142D
Patron: Suetterlein
Department of Medical Assistance Services; services for individuals with developmental disabilities; financial flexibility; report. Directs the Department of Medical Assistance Services to take steps to amend the Family and Individual Supports, Community Living, and Building Independence waivers to provide greater financial flexibility to individuals with developmental disabilities who are receiving waiver services. The bill requires the Department to report on its progress to the Governor and the General Assembly by December 1, 2023.
A BILL to require the Department of Medical Assistance Services to take steps to amend certain waivers providing services for individuals with developmental disabilities to provide greater financial flexibility for certain services; report.23103672D
Patron: Petersen
Prescription Drug Affordability Board and Fund established; drug cost affordability review. Establishes the Prescription Drug Affordability Board for the purpose of protecting the citizens of the Commonwealth and other stakeholders within the health care system from the high costs of prescription drug products.
The bill directs the Governor to appoint the members and alternate members of the Board and requires the Board to meet in open session at least four times annually, with certain exceptions and requirements enumerated in the bill. Members of the Board are required to disclose any conflicts of interest, as described in the bill. The bill also creates a stakeholder council for the purpose of assisting the Board in making decisions related to drug cost affordability. The bill tasks the Board with identifying prescription, generic, and other drugs, as defined in the bill, that are offered for sale in the Commonwealth and, at the Board's discretion, conducting an affordability review of any prescription drug product. The bill lists factors for the Board to consider that indicate an affordability challenge for the health care system in the Commonwealth or high out-of-pocket costs for patients. The bill also provides that any person aggrieved by a decision of the Board may request an appeal of the Board's decision and that the Attorney General shall have authority to enforce the provisions of the bill.
The bill also creates the Prescription Drug Affordability Fund to be used for funding the operations of the Board and reimbursing state agencies for implementing the provisions of the bill. The bill requires the Board to report its findings and recommendations to the General Assembly twice annually, beginning on July 1, 2024, and December 31, 2024.
Provisions of the bill shall apply to state-sponsored and state-regulated health plans and health programs and obligate such policies to limit drug payment amounts and reimbursements to an upper payment limit amount set by the Board, if applicable, following an affordability review. The bill specifies that Medicare Part D plans shall not be bound by such decisions of the Board.
Finally, the bill contains a severability clause and has a delayed effective date of January 1, 2024.
A BILL to amend and reenact § 54.1-3442.02 of the Code of Virginia and to amend the Code of Virginia by adding in Title 32.1 a chapter numbered 7.3, consisting of sections numbered 32.1-276.12 through 32.1-276.21, relating to Prescription Drug Affordability Board and Fund established; drug cost affordability review.
23100215D
Patron: Mason
Guardianship and conservatorship; periodic review hearings. Requires the court to set up a schedule for periodic review hearings in the order of appointment of a guardian or conservator, unless the court makes a determination that such hearings are unnecessary or impracticable. The bill further provides that any periodic review hearing shall include the following assessments by the court: (i) the likelihood that the respondent's condition will improve or the respondent will regain capacity, (ii) whether concerns or questions were raised about the suitability of the person appointed as a guardian or conservator at the time of the initial appointment, and (iii) whether the appointment of a guardian or conservator or the appointment of the specifically appointed guardian or conservator was contested by the respondent or another party.
A BILL to amend and reenact § 64.2-2009 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 64.2-2009.1, relating to guardianship and conservatorship; periodic review hearings.23102563D
Patron: Ruff
State taxes; notice before penalty and interest. Provides that, for taxes administered by the Department of Taxation or other state agencies or bodies, no penalty or interest may be imposed upon a taxpayer for failure to pay a state tax or file a return without first notifying the taxpayer that a return is required to be made or that a tax assessment bill is due and providing a second notice to such taxpayer prior to the date any penalty will be imposed, any interest will begin to accrue, or both, as applicable.
A BILL to amend and reenact § 58.1-1812 of the Code of Virginia and to amend the Code of Virginia by adding in Article 2 of Chapter 20 of Title 58.1 a section numbered 58.1-2036, relating to state taxes; notices before penalty and interest.23102219D
Patron: Mason
Oyster shell recycling tax credit. Creates a nonrefundable tax credit for taxable years 2023 through 2027 for a taxpayer engaged in the donation of oyster shells for use in oyster restoration projects. To qualify for the credit, a taxpayer must donate the oyster shells to either the Virginia Marine Resources Commission or a 501(c)(3) entity engaged in oyster restoration activities. A taxpayer who qualifies for this credit will be allowed a credit of $4.00 per bushel of oyster shells, not to exceed $1,500 per taxpayer in a taxable year. This credit is subject to an aggregate annual cap of $250,000.
A BILL to amend the Code of Virginia by adding in Article 13 of Chapter 3 in Title 58.1 a section numbered 58.1-439.12:13, relating to oyster shell recycling tax credit.23103089D
Patron: Mason
Administrative Process Act; appeal of case decisions regarding grant or denial of public assistance. Removes the prohibition against appeals regarding the adequacy of standards of need and payment levels for public assistance and social services programs and provisions limiting the court to ascertaining whether there was evidence in the agency record to support the case decision of the agency acting as the trier of fact. Current law allows court review of agency decisions regarding the grant of denial of Temporary Assistance for Needy Families, Medicaid, food stamps, general relief, auxiliary grants, or state-local hospitalization but limits such review to whether the agency relied on evidence to support its decision.
A BILL to amend and reenact § 2.2-4025 of the Code of Virginia, relating to Administrative Process Act; appeal of case decisions regarding grant or denial of public assistance.23102289D
Patron: DeSteph
Health insurance; mandated coverage for hearing aids for minors. Requires health insurers, health maintenance organizations, and corporations providing health care coverage subscription contracts to provide coverage for hearing aids and related services for children 18 years of age or younger when an otolaryngologist recommends such hearing aids and related services. The coverage includes one hearing aid per hearing-impaired ear, up to a cost of $1,500, every 24 months. The measure applies to policies, contracts, and plans delivered, issued for delivery, or renewed on and after January 1, 2024.
A BILL to amend and reenact § 38.2-4319, as it is currently effective and as it may become effective, of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 38.2-3418.21, relating to health insurance coverage for hearing aids for children 18 years of age or younger.23101628D
Patron: Edwards
Virginia Museum of Transportation; established. Establishes the Virginia Museum of Transportation as a public entity and educational institution under the Commonwealth 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.23102483D
Patron: Stuart
State subsidy of property tax exemptions for disabled veterans and surviving spouses of military members killed in action. 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 bill provides that the Commonwealth will subsidize only that portion of tax-exempt real estate that exceeds the one percent threshold and requires the Auditor of Public Accounts to establish an application process whereby a locality demonstrates that more than one percent of its real estate tax base was lost. Under the bill, the Auditor certifies to the Governor and the General Assembly those localities that are eligible for a subsidy and the Governor includes 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 of members of the armed forces killed in action.23103178D
Patron: McPike
Research and development expenses tax credits. Creates a step-rate reimbursement structure for the major research and development expenses tax credit in an amount equal to (a) ten percent, up to the first $1 million, of the difference between (i) Virginia qualified research and development expenses paid or incurred by the taxpayer during the taxable year and (ii) 50 percent of the average Virginia qualified research and development expenses paid or incurred by the taxpayer for the three taxable years immediately preceding the taxable year for which the credit is being determined and (b) five percent of such difference in excess of $1 million. Beginning in taxable year 2023, the bill also (i) imposes an annual per taxpayer major research and development expenses tax credit cap of $300,000, that increases to $400,000 if the Virginia qualified research was conducted in conjunction with a public or private institution of higher education in the Commonwealth, (ii) reduces from $24 million to $16 million the aggregate cap on the major research and development expenses tax credit granted for each fiscal year, and (iii) increases from $7.77 million to $15.77 million the aggregate cap on the research and development expenses tax credit granted for each fiscal year beginning in taxable year 2023.
A BILL to amend and reenact §§ 58.1-439.12:08 and 58.1-439.12:11 of the Code of Virginia, relating to research and development expenses tax credits.23102738D
Patron: Surovell
Historic rehabilitation tax credit; increase. Increases from $5 million to $10 million, beginning in taxable year 2023, the maximum amount of the historic rehabilitation tax credit, including amounts carried over from prior taxable years, that may be claimed by a taxpayer in any taxable year. In addition, should the taxpayer incur expenses toward the rehabilitation of a certified historic structure in a locality that has a designated enterprise zone, as defined in the Code, the taxpayer may claim up to an additional $10 million in any taxable year.
A BILL to amend and reenact § 58.1-339.2 of the Code of Virginia, relating to historic rehabilitation tax credit.23100398D
Patron: Norment
Treasury Board; powers and duties. Provides that the Treasury Board shall have the power and duty to make recommendations to the Governor on bonds, public-private partnerships, or other financing arrangements executed by private foundations for housing or other capital projects with respect to which a qualifying educational institution, defined in the bill, is obligated to provide financial or other types of support.
A BILL to amend and reenact § 2.2-2416 of the Code of Virginia, relating to Treasury Board; powers and duties.23100970D
Patron: Stanley
Department of Housing and Community Development; powers and duties of the Director; Virginia Residential Sites and Structures Locator. Instructs the Director of the Department of Housing and Community Development to develop and operate a Virginia Residential Sites and Structures Locator database to assist localities in marketing publicly owned, privately owned, or publicly and privately owned structures and parcels determined by the locality to be suitable for residential or mixed-use development or redevelopment when the owner or owners have authorized the locality to market the structure or parcels for residential or mixed-use development or redevelopment.
A BILL to amend and reenact § 36-139 of the Code of Virginia, relating to Department of Housing and Community Development; powers and duties of the Director; Virginia Residential Sites and Structures Locator.23103680D
Patron: Hackworth
Southwest Virginia Energy Research and Development Authority; powers and duties; Department of Energy and Department of Environmental Quality; report. Provides that the Southwest Virginia Energy Research and Development Authority (the Authority) has the power and duty to (i) support energy development projects, including pump storage hydropower, energy storage, hydrogen production and uses, carbon capture and storage, geothermal energy, advanced wind and solar energy, and advanced reactors and advanced nuclear technologies; (ii) promote energy development projects on closed power plant sites, brownfield sites, former coal mine sites, reclaimed coal mine sites, abandoned mine sites lands, and lands adjacent thereto; (iii) promote energy workforce development and energy supply chain development, including the development of a manufacturing supply chain cluster for small modular reactors, advanced reactors, and advanced nuclear technologies; (iv) identify and work with, through mutually agreed collaborations, the Commonwealth’s research and development partners, in advancing efforts related to energy development in Southwest Virginia; and (v) promote the capture and beneficial use of coal mine methane from active, inactive, and abandoned coal mines as a low-carbon intensity feedstock for manufacturing and energy generation projects located in Southwest Virginia.
The bill defines "energy development project" as any activity that generates, produces, or stores energy, any energy efficiency system, and any supporting ancillary activities located within Southwest Virginia and includes interests in land, improvements, and ancillary facilities and research, development, commercialization, and deployment activities designated by the Authority to the nonprofit collaborative. The bill defines "nonprofit collaborative" as a multi-site nonprofit innovative energy technology testbed established as a collaborative effort of the Department of Energy, the Authority, and the Authority's business partners to support the Authority’s purpose through energy technology research, development, commercialization, and deployment.
The bill requires the Department of Energy (the Department), in consultation with the Department of Environmental Quality and the Authority, to evaluate actions needed to further develop and encourage private sector initiatives to capture, process, compress, and transport coal mine methane to better meet the Commonwealth's energy supply and manufacturing needs and improve air quality. The bill requires the Department and the Department of Environmental Quality to collaborate with the U.S. Environmental Protection Agency (EPA) on ways to coordinate the Commonwealth's efforts to further encourage the capture, processing, compression, and transport of coal mine methane with federal efforts, especially via the EPA's Coalbed Methane Outreach Program. The bill requires the Department to report its findings and any recommendations to the Governor and the Chairmen of the House Committees on Agriculture, Chesapeake and Natural Resources and Commerce and Energy and the Senate Committees on Agriculture, Conservation and Natural Resources and Commerce and Labor by November 1, 2023.
A BILL to amend and reenact §§ 45.2-1717 and 45.2-1720 of the Code of Virginia, relating to the Southwest Virginia Energy and Research Development Authority; powers and duties; Department of Energy and Department of Environmental Quality; report.23103934D
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 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, 2023. 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.23103173D
Patron: McPike
Department for Aging and Rehabilitative Services; training; powers and duties of guardian; annual reports by guardians; information required. Directs the Department for Aging and Rehabilitative Services to develop and provide training for court-appointed guardians by July 1, 2024. The bill requires an appointed guardian and any staff employed by such guardian to perform guardianship duties to complete the initial training developed by the Department within four months of the date of the initial court order of appointment and guardians and such staff appointed prior to July 1, 2024, to complete such training by January 1, 2026. The bill further requires a guardian to include in his annual report to the local department of social services a statement as to whether such training has been completed.
A BILL to amend and reenact §§ 51.5-150, 64.2-2019, and 64.2-2020 of the Code of Virginia, relating to Department for Aging and Rehabilitative Services; training; powers and duties of guardian; annual reports by guardians; information required.23102600D
Patron: McPike
Sports betting; adjusted gross revenue. Gradually reduces the exclusion from a sports betting permit holder's adjusted gross revenue, on which it is taxed, all cash and the cash value of merchandise paid out as winnings to bettors, and the value of all bonuses or promotions provided to bettors as an incentive to place or as a result of their having placed Internet sports betting wagers, by limiting such exclusion from adjusted gross revenue to no more than 2.5 percent of the total amount of all sports betting wagers placed with that permit holder each month between July 1, 2023, and July 1, 2024; no more than 2.25 percent of the total amount of all sports betting wagers placed with that permit holder each month between July 1, 2024, and July 1, 2025; no more than two percent of the total amount of all sports betting wagers placed with that permit holder each month between July 1, 2025, and July 1, 2026; and no more than 1.75 percent of the total amount of all sports betting wagers placed with that permit holder each month on and after July 1, 2026. Under current law, pursuant to the 2022 Special Session I appropriation act, after the first 12 months of sports betting activity, a permit holder is prohibited from excluding from adjusted gross revenue any bonuses or promotions provided to bettors as an incentive to place or as a result of their having placed Internet sports betting wagers.
A BILL to amend and reenact § 58.1-4030 of the Code of Virginia, relating to sports betting; adjusted gross revenue.
23101704D
Patron: Stuart
Distribution of recordation tax to counties and cities. Increases the annual distribution of recordation tax revenues to cities and counties from $20 million to $60 million.
A BILL to amend and reenact § 58.1-816, as it is currently effective and as it may become effective, of the Code of Virginia, relating to distribution of recordation tax to counties and cities.23103175D
Patron: Lewis
Cost of competing adjustment; eligibility; certain school boards. Provides that the Accomack County School Board and the Northampton County School Board are eligible to receive the cost of competing adjustment to salaries for instructional and support positions as part of the state share of basic aid pursuant to the general appropriation act.
A BILL to declare the Accomack County School Board and the Northampton County School Board eligible to receive the cost of competing adjustment.23102520D
Patron: Lucas
Student literacy measures; scope; students in grades four through eight. Expands several provisions of the Virginia Literacy Act, enacted during the 2022 Regular Session of the General Assembly, effective with the 2024–2025 school year, and currently applicable to students in kindergarten through grade three, to students in grades four through eight, including (i) requiring each local school board to provide a program of literacy instruction to such students that is aligned with science-based reading research and provides evidenced-based literacy instruction; (ii) requiring each local school board to provide reading intervention services to such students who demonstrate substantial deficiencies based on their individual performance on the Standards of Learning reading assessment or a literacy screener provided or approved by the Department of Education; (iii) permitting the reading plan required for certain students in grades six through eight to include a literacy course, in addition to the course required by the Standards of Learning in English, that provides the specific evidence-based literacy instruction identified in such plan; (iv) requiring the Department to develop a list of core literacy curricula, supplemental instruction practices and programs, and intervention programs that consist of evidence-based literacy instruction aligned with science-based reading research for such students; (v) requiring each local school board to employ one reading specialist for each 550 students in kindergarten through grade eight; (vi) requiring the Board of Education to provide guidance on and each local school board to provide high-quality professional development and training in science-based reading research and evidence-based literacy instruction for certain middle school personnel; and (vii) requiring each divisionwide comprehensive plan to include a divisionwide literacy plan for such students.
A BILL to amend and reenact §§ 22.1-253.13:1, 22.1-253.13:2, 22.1-253.13:5, and 22.1-253.13:6, as they shall become effective, of the Code of Virginia, relating to student literacy measures; scope; students in grades four through eight.23102882D
Patron: Ruff
Bank franchise tax. Establishes a process, as of January 1, 2024, whereby banks having $40 billion or greater in Virginia deposits based on the June 30 FDIC deposit market share report of the preceding tax year may elect to pay the bank franchise tax to the Department of Taxation and are bound by such election for 10 years absent permission from the Tax Commissioner. The bill directs the Department of Taxation, as of January 1, 2025, to apportion 80 percent of the bank franchise tax revenue from banks making such an election to localities through the newly created Local Bank Franchise Tax Fund.
A BILL to amend and reenact §§ 58.1-1204, 58.1-1206 through 58.1-1210, and 58.1-1212 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 12 of Title 58.1 a section numbered 58.1-1218, relating to bank franchise tax.23104204D
Patron: Saslaw
Virginia Commercial Space Flight Authority; emergency. Overrides a provision in the appropriation act that required a certain approval from the National Aeronautics and Space Administration prior to disbursement of funds to the Virginia Commercial Space Flight Authority. The bill contains an emergency clause.
A BILL related to the disbursement of funds for certain expenses of the Virginia Commercial Space Flight Authority; emergency.
23102443D
EMERGENCY
Patron: Mason
Income tax subtraction; Virginia National Guard. Increases to $6,000 the amount of the income tax subtraction for income derived from service as a member of the Virginia National Guard and expands eligibility to those persons in the ranks of O5 and below beginning in taxable year 2023. Under current law, the subtraction may not exceed $3,000 and is only available to those persons in the ranks of O3 and below.
A BILL to amend and reenact § 58.1-322.02, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to income tax subtraction; National Guard of the Commonwealth of Virginia.23102992D
Patron: McDougle
Department of Professional and Occupational Regulation; universal license recognition. Establishes criteria for an individual licensed, certified, or having work experience in another state to apply to a regulatory board within the Department of Professional and Occupational Regulation and be issued an occupational license or government certification if certain conditions are met.
A BILL to amend the Code of Virginia by adding in Chapter 2 of Title 54.1 a section numbered 54.1-205, relating to Department of Professional and Occupational Regulation; universal license recognition.23104181D
Patron: Lucas
Compensation of public school teachers and other Standards of Quality-funded positions; competitive rate. Requires the Commonwealth to compensate its public school teachers at a rate that is competitive, defined in current law as at or above the national average teacher salary, in order to attract and keep highly qualified teachers. Current law declares it the policy of the Commonwealth to compensate public school teachers at such competitive rate but does not require it. The bill requires the Department of Education to conduct an annual calculation to determine the estimated national average teacher salary for each year of the current budget biennium that relies on the most up-to-date data from the source of the 50-state average salary of K-12 teachers in public school set forth in the annual Virginia Compared with the Other States report published by the Joint Legislative Audit and Review Commission. The bill permits the Department, in making such calculation, to use the trends of the percent change for the national average teacher salaries in the two to four years prior to project averages in each year of the current and upcoming biennia. The bill requires the results of such calculation to be reported to the Governor, the General Assembly, and the Board of Education by June 1 of each year. The bill also requires state funding to be provided pursuant to the general appropriation act in a sum sufficient to fund a certain flat percent annual pay increase for each individual employed in a Standards of Quality-funded position. The bill has a delayed effective date of July 1, 2024.
A BILL to amend and reenact § 22.1-289.1 of the Code of Virginia, relating to compensation of public school teachers and other Standards of Quality-funded positions; competitive rate.23102903D
Patron: Mason
Department for Aging and Rehabilitative Services; Commonwealth Council on Aging; membership and staff support. Reduces from 24 to 16 the number of members to be appointed to the Commonwealth Council on Aging by (i) replacing the requirement that the membership include one member from each of the 11 congressional districts of the Commonwealth with the requirement that the membership include one member from each of the eight regions of the Commonwealth identified by the University of Virginia's Weldon Cooper Center for Public Pin its Virginia Regional Map (2017); (ii) adding the Executive Director of the Virginia Center on Aging and removing the Director of the Department of Medical Assistance Services and the Secretary of Health and Human Resources as ex officio members; and (iii) reducing from four to two the number of members to be appointed by the Speaker of the House of Delegates and the Senate Committee on Rules, respectively. The bill authorizes the Department for Aging and Rehabilitative Services to employ a person to facilitate the duties of the Council.
A BILL to amend and reenact § 51.5-127 of the Code of Virginia, relating to Department for Aging and Rehabilitative Services; Commonwealth Council on Aging; membership and staff support.23103832D
Patron: Obenshain
Dairy Producer Margin Coverage Premium Assistance Program; Fund; sunset. Creates in the state treasury a special nonreverting fund to be known as the Dairy Producer Margin Coverage Premium Assistance Program Fund. The bill also removes the current expiration date of July 1, 2023, of the Dairy Producer Margin Coverage Premium Assistance Program.
A BILL to amend and reenact § 3.2-3304 of the Code of Virginia, to amend the Code of Virginia by adding a section numbered 3.2-3305.1, and to repeal § 3.2-3307 of the Code of Virginia, relating to Dairy Producer Margin Coverage Premium Assistance Program.23102680D
Patron: Dunnavant
Health insurance; electronic prior authorization and disclosure of certain prescription drug information; report. Requires each health insurance carrier, beginning July 1, 2025, to establish and maintain an online process that (i) links directly to all e-prescribing systems and electronic health record systems that utilize the National Council for Prescription Drug Programs SCRIPT standard; (ii) can accept electronic prior authorization requests from a provider; (iii) can approve electronic prior authorization requests (a) for which no additional information is needed by the carrier to process the prior authorization request, (b) for which no clinical review is required, and (c) that meet the carrier's criteria for approval; and (iv) otherwise meets the requirements for contracts between carriers and participating health care providers. The bill prohibits a carrier from (a) imposing a fee or charge on any person for accessing the required online process who is required to do so or (b) accessing, absent provider consent, provider data via the online process other than for the enrollee. The bill also requires carriers, no later than July 1, 2024, to provide contact information of any third-party vendor or other entity the carrier will use to meet the requirements of the bill to any provider that requests such information. The carrier may post such information on its website to meet such requirement.
The bill requires participating health care providers, beginning July 1, 2025, to ensure that any e-prescribing system or electronic health record system owned by or contracted for the provider to maintain an enrollee's health record has the ability to access, at the point of prescribing, the electronic prior authorization process established by a carrier as required by subdivision 15 and the real-time patient-specific benefit information, including out-of-pocket costs and more affordable medication alternatives made available by a carrier. The bill provides that a provider may request a waiver of compliance for undue hardship for a period not to exceed 12 months. The bill requires any carrier or its pharmacy benefits manager to provide, at the point of prescribing, real-time patient-specific benefit information to enrollees and contracted providers for the encounter, including any out-of-pocket costs and more affordable medication alternatives or prior authorization requirements, and to ensure that the data is accurate. The bill requires that such cost information data be available to the provider in an accessible and understandable format, such as through the provider's e-prescribing system or electronic health record system that the carrier or pharmacy benefits manager or its designated subcontractor has adopted that utilizes the National Council for Prescription Drug Programs SCRIPT standard from which the provider makes the request.
The bill requires the State Corporation Commission's Bureau of Insurance to, in coordination with the Secretary of Health and Human Resources, establish a work group to (1) assess progress toward implementing electronic prior authorization and real-time cost benefit information for prescription drugs, as required by the bill, including monitoring and evaluating the impact of any state or federal developments; (2) evaluate and make recommendations to establish a process for electronic prior authorization for surgery and other procedures; (3) evaluate and make recommendations to establish an online process for a real-time link at the point of prescribing for any available prescription coupons, and (4) identify and make recommendations for any additional statutory changes required to facilitate such implementation. The work group shall include relevant stakeholders, including representatives from the Virginia Association of Health Plans, the Medical Society of Virginia, the Virginia Hospital and Healthcare Association, the Virginia Pharmacists Association, and other parties with an interest in the underlying technology. The work group shall report its findings and recommendations to the Chairmen of the Senate Committees on Commerce and Labor and Education and Health and the House Committees on Commerce and Energy and Health, Welfare and Institutions annually by November 1 and shall make its final report by November 1, 2025.
A BILL to amend and reenact § 38.2-3407.15:2 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 38.2-3407.15:7, relating to health insurance; electronic prior authorization and disclosure of certain information; out-of-pocket costs; report.23103745D
Patrons: McClellan, Marsden
Virginia Community Development Financial Institutions Fund and Program; report. Codifies the Virginia Community Development Financial Institutions Fund (the Fund), originally created in the 2021 Appropriation Act, and establishes the Virginia Community Development Financial Institutions Program (the Program) to carry out the purposes of the Fund. The Program shall provide grants and loans to community development financial institutions and other similar entities for the purpose of providing financing to small businesses, housing development and rehabilitation projects, and community revitalization real estate projects in the Commonwealth. The bill requires the Department of Housing and Community Development to oversee the Fund and Program and to (i) identify qualified recipients of funding; (ii) ensure that grants and loans promote housing and community development, capital access, housing access, and small business support; and (iii) utilize Program funds to promote collaborative and cooperative projects with public and private sector partners. The bill requires the Department to submit an annual report on the use and impact of funding provided.
A BILL to amend the Code of Virginia by adding in Chapter 8 of Title 36 a section numbered 36-140.01, relating to Virginia Community Development Financial Institutions Fund and Program; report.
23101527D
Patrons: McClellan, Hanger
Consultation with federally recognized Tribal Nations in the Commonwealth; permits and reviews with potential impacts on environmental, cultural, and historic resources. Requires the Department of Conservation and Recreation, the Department of Environmental Quality, the Department of Historic Resources, and the Virginia Marine Resources Commission to establish policies and procedures for consulting with federally recognized Tribal Nations in the Commonwealth when evaluating certain permits and reviews relating to environmental, cultural, or historic resources that potentially impact those federally recognized Tribal Nations in the Commonwealth. The bill directs the Secretary of the Commonwealth to designate an Ombudsman for Tribal Consultation to facilitate communication and consultation with federally recognized Tribal Nations in the Commonwealth. The bill codifies Executive Order 82 (2021).
A BILL to amend and reenact §§ 2.2-401.01, 5.1-7, 10.1-1003, 10.1-1188, 10.1-2206.1, 10.1-2214, 10.1-2305, 56-46.1, and 62.1-266 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 10.1-104.02, 10.1-1186.3:1, 10.1-2205.1, and 28.2-104.01, relating to consultation with federally recognized Tribal Nations in the Commonwealth; permits and reviews with potential impacts on environmental, cultural, and historic resources.23104150D
Patron: Hashmi
Department of Energy; Division of Renewable Energy and Energy Efficiency; Commonwealth Solar and Economic Development Program; created. Creates a program within the Department of Energy's Division of Renewable Energy and Energy Efficiency to be known as the Commonwealth Solar and Economic Development Program. The Division shall be in charge of initiating and implementing any of certain enumerated solar or economic development projects within any eligible census tract specified in the bill. The bill also requires the Division to apply for funding from certain funding sources as each relates to any initiated project.
A BILL to amend and reenact §§ 45.2-1701 and 45.2-1905 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 19 of Title 45.2 an article numbered 4 consisting of sections numbered 45.2-1918 through 45.2-1925, relating to Commonwealth Solar and Economic Development Program; created.23104268D
Patron: Morrissey
Fiscal impact statements; formula for estimated appropriations. Establishes a formula for determining the estimated appropriations in a fiscal impact statement of any bill that adds a new felony for which imprisonment or commitment is authorized.
A BILL to amend and reenact § 30-19.1:4 of the Code of Virginia, relating to fiscal impact statements; formula for estimated appropriations.23103106D
Patron: Ebbin
Tobacco products tax; liquid nicotine and nicotine vapor products; licensing. Imposes a tax upon liquid nicotine in closed systems, as defined in the bill, at the rate of $0.066 per milliliter and upon liquid nicotine in open systems, as defined in the bill, at the rate of 20 percent of the wholesale price. The bill also applies licensing requirements to manufacturers, distributors, and retail dealers of liquid nicotine, creates new safety requirements related to the advertising, marketing, and labeling of liquid nicotine and nicotine vapor products, and creates the Virginia Liquid Nicotine and Nicotine Vapor Products Compliance Fund to use tax revenues for enforcement of the new tax and licensing scheme on liquid nicotine and nicotine vapor products.
A BILL to amend and reenact §§ 58.1-1021.01, 58.1-1021.02, 58.1-1021.04:1, 58.1-1021.04:2, 58.1-1021.04:5, and 58.1-1021.05 of the Code of Virginia and to amend the Code of Virginia by adding in Article 2.1 of Chapter 10 of Title 58.1 sections numbered 58.1-1021.06 through 58.1-1021.010, relating to tobacco products tax; liquid nicotine.23104245D
Patron: Newman
Income tax; business interest; qualified business income deduction; corporate rate reduction. Increases from 30 percent to 50 percent the Virginia individual and corporate income tax deduction for business interest disallowed as a deduction under § 163(j) of the Internal Revenue Code beginning in taxable year 2024. The bill allows an individual income tax deduction in an amount equal to 50 percent of certain federal qualified business income deductions, excluding qualified real estate investment trust dividends. The bill also reduces from six percent to five percent the corporate income tax rate beginning in taxable year 2023.
A BILL to amend and reenact §§ 58.1-322.03, as it is currently effective and as it shall become effective, 58.1-400, and 58.1-402 of the Code of Virginia, relating to income tax; business interest; qualified business income deduction; corporate rate reduction.23104214D
Patron: Reeves
Public institutions of higher education; admissions; Virginia Promise to Veterans Act; report. Establishes the Virginia Promise to Veterans Act for the purpose of removing barriers to higher education for veterans of the uniformed services, as defined in the bill, and assisting such veterans in making the transition to civilian life in the Commonwealth. In furtherance of this purpose, the bill directs the governing board of each public institution of higher education in the Commonwealth to provide for the guaranteed acceptance of any eligible veteran applicant, defined in the bill as any applicant who served as a member of the uniformed services and (i) graduated from a high school in the Commonwealth or (ii) served in the uniformed services while assigned to a location in the Commonwealth and who otherwise meets the admissions requirements to enroll as an undergraduate student at such institution. The bill requires the State Council of Higher Education for Virginia, in collaboration with the Virginia Community College System, to develop guidelines relating to the administration of the provisions of the chapter for the governing board of each public institution of higher education and to develop guidelines for potential eligible veteran applicants, including any additional resources available to eligible veterans applying under the Act.
A BILL to amend the Code of Virginia by adding in Title 23.1 a chapter numbered 3.1, consisting of sections numbered 23.1-311 through 23.1-314, relating to public institutions of higher education; admissions; Virginia Promise to Veterans Act; report.23101016D
Patron: Pillion
Commonwealth Opioid Abatement and Remediation Fund; established. Establishes the Commonwealth Opioid Abatement and Remediation Fund to receive funds from a direct settlement, judgment, verdict, or other court order relating to consumer protection claims regarding the manufacturing, marketing, distribution, or sale of opioids or that are intended to be used for opioid abatement or remediation, excluding funds designated for transfer to the Opioid Abatement Authority and that shall be deposited by the Office of the Attorney General. Moneys in the Fund shall be administered by the Department of Health and shall be used solely for the purposes of efforts to treat, prevent, or reduce opioid use disorder or the misuse of opioids or to otherwise abate or remediate the opioid epidemic, or for any other approved purposes described in a related settlement, judgment, verdict, or other court order.
A BILL to amend the Code of Virginia by adding in Article 12 of Chapter 22 of Title 2.2 a section numbered 2.2-2377, relating to Commonwealth Opioid Abatement and Remediation Fund; established.23101945D
Patron: Pillion
Opioid impact reduction. Directs the Department of Health to create the Commonwealth Opioid Impact Reduction Registry consisting of nonprofit organizations that work to reduce the impact of opioids in the Commonwealth. The bill allows any person to possess and administer naloxone or other opioid antagonist used for overdose reversal other than naloxone in an injectable formulation with a hypodermic needle or syringe in accordance with protocols developed by the Board of Pharmacy in consultation with the Board of Medicine and the Department of Health, provided that certain other conditions enumerated in current law are met. The bill removes training requirements related to the possession and administration of naloxone and directs the Department of Health, the Department of Behavioral Health and Developmental Services, and the Department of Corrections to collaborate to develop and implement a plan for the distribution of naloxone throughout the Commonwealth. The bill also directs the Department of Corrections to amend its regulations to require that training in the administration of naloxone be provided to every inmate prior to release.
A BILL to amend and reenact § 54.1-3408 of the Code of Virginia and to amend the Code of Virginia by adding in Article 3 of Chapter 1 of Title 32.1 a section numbered 32.1-23.7, relating to opioid impact reduction.23101946D
Patron: Norment
Income tax; rates and deductions. Lowers the top income tax rate from 5.75 percent to 5.5 percent for taxable years beginning on and after January 1, 2024. The bill also raises the standard deduction to $9,000 for single individuals and $18,000 for married persons for taxable years beginning on and after January 1, 2024, but before January 1, 2026.
A BILL to amend and reenact §§ 58.1-320 and 58.1-322.03, as it is currently effective and as it shall become effective, of the Code of Virginia and to repeal the eighth enactment of Chapter 2 of the Acts of Assembly of 2022, Special Session I, relating to individual income tax; rates and deductions.23103701D
Patron: Lewis
Long-term services and supports screening; screening after admission; coverage of institutional long-term services and supports. Provides that if an individual is admitted to a skilled nursing facility for skilled nursing services not covered by the Commonwealth's program of medical assistance services and such individual was not screened but is subsequently determined have been required to be screened prior to admission to the nursing home, then the screening may be conducted after admission. Under the bill, coverage of institutional long-term services and supports by the Commonwealth for such non-prescreened patients shall not begin until six months after the initial admission to the skilled nursing facility. During this six-month period, the skilled nursing facility in which the individual resides shall be responsible for all costs indicated for institutional long-term services and supports, in excess of available patient funds, excluding the personal needs allowance that would otherwise have been covered by the Commonwealth. The bill provides that if sufficient evidence indicates that the admission without screening was of no fault of the skilled nursing facility, the Department of Medical Assistance Services shall begin coverage of institutional long-term services and supports immediately upon the completion of the functional screening indicating skilled nursing facility level of care pending the financial eligibility determination.
A BILL to amend and reenact § 32.1-330 of the Code of Virginia, relating to long-term services and supports screening; screening after admission; coverage of institutional long-term services and supports.
23103723D
Patron: Petersen
Income tax; pass-through entities. Makes changes to the elective entity level tax on pass-through entities effective beginning with taxable year 2021. The bill would impose the tax only on the share of income, gain, loss, or deduction attributable to eligible owners as opposed to imposing the tax on the entire entity. The bill defines "eligible owner" as an owner of a pass-through entity that is a natural person, estate, or trust. The bill also removes the requirement that to qualify for the tax election a pass-through entity must be 100 percent owned by natural persons or persons eligible to be shareholders in an S corporation.
A BILL to amend and reenact §§ 58.1-390.1 and 58.1-390.3 of the Code of Virginia, relating to income tax; pass-through entities.23104287D
Patron: Petersen
State taxes; reassessment and refund upon filing of amended return or payment of assessment. Allows a refund or credit on either an actual or projected basis for erroneous tax payments made during the identical period during which any sales or use tax assessment is outstanding on or that is assessed on and after July 1, 2023.
A BILL to amend and reenact § 58.1-1823 of the Code of Virginia, relating to state taxes; reassessment and refund upon filing of amended return or payment of assessment.23104288D
Patron: Hanger
Land use classifications; property qualifications. Allows a property that formerly participated in and continues to meet the qualifications of a state or federal soil and water conservation program but is no longer receiving payments or other compensation as a result of such program to continue to be eligible for designation as real estate devoted to agricultural use and real estate devoted to horticultural use. The bill further states that the presence of noxious weeds or woody growth shall not be the sole basis for denial of such classifications. Further, the bill requires that the application forms for taxation on the basis of a use assessment allow a landowner who received payments or compensation as a result of the former participation of their property in a state or federal soil and water conservation program, and whose property continues to meet the qualifications of such program but is no longer receiving such payments or compensation, to certify that the land continues to meet the requirements of such program for the purposes of classification.
A BILL to amend and reenact §§ 58.1-3230 and 58.1-3234 of the Code of Virginia, relating to land use classifications; property qualifications.23104470D
Patron: Howell
Capital outlay funding. Authorizes the Virginia Public Building Authority to issue bonds in an aggregate principal amount not to exceed $24,454,920 for the state share of certain approved capital project costs and amends 2016 legislation to authorize the Six-Year Capital Outlay Plan Advisory Committee to meet four times annually rather than quarterly.
A BILL to authorize capital outlay funding and to amend and reenact the tenth enactment of Chapter 759 and the tenth enactment of Chapter 769 of the Acts of Assembly of 2016.23102424D
Patron: Barker
Revenue reserves; deposits. Increases the maximum combined amount in the Revenue Stabilization Fund and the Revenue Reserve Fund from 15 percent to 20 percent of the Commonwealth's average annual tax revenues derived from taxes on income and retail sales for the preceding three years. The bill also increases from five percent to eight percent the estimated amount of general fund revenues that exceed the actual general fund revenues for the immediately preceding fiscal year to trigger additional deposits to the Revenue Stabilization Fund that shall be included in the Governor's budget recommendations.
A BILL to amend and reenact §§ 2.2-1829 and 2.2-1831.3 of the Code of Virginia, relating to revenue reserves; deposits.23102481D
Patron: Rouse
Department of Behavioral Health and Developmental Services; licensed provider reporting requirements. Directs the Department of Behavioral Health and Developmental Services to amend its regulations to require providers licensed by the Department to report allegations of abuse, neglect, and exploitation and incidents classified as Level II and Level III incidents by the end of the next business day following the receipt of the allegation or discovery of the Level II or Level III incident.
A BILL to direct the Department of Behavioral Health and Developmental Services to amend its regulations related to licensed provider reporting requirements.23105014D
Patron: McPike
Constitutional amendment (first reference); real property tax exemption; surviving spouses of soldiers who died in the line of duty. Expands the current tax exemption for real property available to the surviving spouses of soldiers killed in action to the surviving spouses of soldiers who died in the line of duty with a Line of Duty determination from the U.S. Department of Defense.
Proposing an amendment to Section 6-A of Article X of the Constitution of Virginia, relating to real property tax exemption; surviving spouses of soldiers who died in the line of duty.23101950D