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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.
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: February 1, 2023
Time and Place: 9:00 a.m. Shared Committee Room
https://virginia-senate.granicus.com/ViewPublisher.php?view_id=3
Patron: Locke
Judicial Retirement System; appearance as counsel. Provides that the prohibition on a retired justice or judge appearing as counsel in any court in the Commonwealth shall not apply when, among other conditions under current law, the retired justice or judge is at least 67 years of age and is eligible to receive full social security benefits.
A BILL to amend and reenact § 51.1-309 of the Code of Virginia, relating to Judicial Retirement System; appearance as counsel.23100206D
Patron: Morrissey
State correctional facilities; use of isolated confinement. Prohibits the use of isolated confinement, as defined in the bill, in state correctional facilities, subject to certain exceptions.
A BILL to amend the Code of Virginia by adding a section numbered 53.1-39.2, relating to state correctional facilities; use of isolated confinement.23102912D
Patron: Morrissey
Local correctional facilities; fees; report. Eliminates or caps certain fees charged to inmates in local correctional facilities and repeals provisions that allow a sheriff or jail superintendent to establish a deferred or installment payment agreement or contract with a collections agency when an inmate is unable to pay fees owed to the local correctional facility. The bill establishes the manner in which the balance of all accounts maintained for an inmate's use must be transferred to the inmate upon release. The bill directs the State Board of Local and Regional Jails to create a work group to study implementation of the provisions of the bill and report to the General Assembly by October 1, 2023. The remainder of the bill has a delayed effective date of July 1, 2024.
A BILL to amend and reenact §§ 53.1-115.2, 53.1-127.1, 53.1-127.2, 53.1-131, and 53.1-131.1 of the Code of Virginia; to amend the Code of Virginia by adding in Article 6 of Chapter 3 of Title 53.1 a section numbered 53.1-127.6; and to repeal §§ 53.1-127.3, 53.1-127.5, and 53.1-131.3 of the Code of Virginia, relating to local correctional facilities; fees; report.23102869D
Patron: Hashmi
Veterans' Teaching Licensure Support Fund and Program; established. Establishes the Veterans' Teaching Licensure Support Fund and Program for the purpose of supporting veterans and service members teaching in a public school in the Commonwealth or pursuing a career in education in the Commonwealth by awarding a reimbursement grant to eligible veterans and service members to reimburse them for their professional studies tuition expenses incurred toward receiving teacher licensure in the Commonwealth.
A BILL to amend the Code of Virginia by adding a section numbered 22.1-299.9, relating to23101996D
Patron: Newman
Education improvement scholarships tax credits; student definition. Provides that beginning in taxable year 2024, students eligible for a scholarship from an approved scholarship foundation shall include any school-aged child living in Virginia whose family income does not exceed 300 percent of federal poverty guidelines, regardless of prior public school enrollment or a recent move to Virginia. Under current law, a student must be a resident of Virginia who (i) in the current school year has enrolled and attended a public school in the Commonwealth for at least one-half of the year, (ii) for the school year that immediately preceded his receipt of a scholarship foundation scholarship was enrolled and attended a public school in the Commonwealth for at least one-half of the year, (iii) is a prior recipient of a scholarship foundation scholarship, (iv) is eligible to enter kindergarten or eligible to enter first grade, or (v) for the school year that immediately preceded his receipt of a scholarship foundation scholarship was domiciled in a state other than the Commonwealth and did not attend a nonpublic school in the Commonwealth for more than one-half of the school year.
A BILL to amend and reenact § 58.1-439.25, as it shall become effective, of the Code of Virginia, relating to education improvement scholarships tax credit; student definition.23102606D
Patron: McDougle
Racketeering offenses; penalty. Adds petit larceny to the list of offenses included in the definition of "racketeering activity." The bill prohibits any person who is directed by an organizer, supervisor, or manager of an enterprise from (i) receiving or distributing any proceeds or anything of value known to have been derived directly from racketeering activity and (ii) using or investing an aggregate of $10,000 or more of such proceeds or such things of value in the acquisition of any title to, or any right, interest, or equity in, real property, or in the establishment or operation of any enterprise. A first offense is punishable by between five and 40 years' imprisonment and a fine of not more than $1 million, and a second or subsequent offense is punishable as a Class 2 felony and a fine of not more than $2 million.
Current law criminalizes an enterprise or any person who occupies a position of organizer, supervisor, or manager of an enterprise for (a) receiving proceeds from racketeering and (b) using or investing $10,000 or more of such proceeds in the acquisition of any title to, or any right, interest, or equity in, real property, or in the establishment or operation of any enterprise.
A BILL to amend and reenact §§ 18.2-513 and 18.2-514 of the Code of Virginia, relating to racketeering offenses; penalty.
23103447D
Patron: Hanger
Tetrahydrocannabinol; industrial hemp; regulated hemp products. Establishes provisions for the registration of a retail facility for regulated hemp products, as defined in the bill, establishes product packaging, labeling, and testing requirements for such products, and creates a civil penalty of up to $1,000 for certain violations relating to such products. The bill requires any person who manufactures an industrial hemp extract, as defined in the bill, or food containing an industrial hemp extract to obtain a permit from the Commissioner of Agriculture and Consumer Services and creates a Class 1 misdemeanor and a civil penalty of up to $10,000 for certain violations. The bill clarifies that any substances containing a concentration of total tetrahydrocannabinol, as defined in the bill, of more than 0.3 percent, including a hemp product or industrial hemp extract, are included in the definition of marijuana and also clarifies that the definition of marijuana does not include any substance containing tetrahydrocannabinol that has been placed by the Board of Pharmacy into one of the schedules set forth in the Drug Control Act. The bill increases the civil penalty for certain actions relating to sales of cigarettes and hemp products from $50 to $500. The bill also removes tetrahydrocannabinol from the Schedule I list of controlled substances and permits the Board of Pharmacy to schedule, deschedule, or reschedule a tetrahydrocannabinol isomer, except delta-9-tetrahydrocannabinol, or salts of such isomer in accordance with the provisions of the bill.
A BILL to amend and reenact §§ 3.2-4112, 3.2-4113, 3.2-4114, 3.2-4114.2, 3.2-4115, 3.2-4116, 3.2-4118, 3.2-4119, 3.2-4121, 3.2-5145.1, 3.2-5145.2:1, 3.2-5145.4, 3.2-5145.5, 4.1-600, 18.2-247, 18.2-251.1, 18.2-251.1:3, 18.2-371.2, 54.1-3401, 54.1-3408.3, 54.1-3423, 54.1-3443, and 54.1-3446 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 41.1 of Title 3.2 an article numbered 4, consisting of sections numbered 3.2-4122, 3.2-4123, and 3.2-4124, and by adding a section numbered 3.2-5145.4:1, relating to tetrahydrocannabinol; industrial hemp; regulated hemp products.23102827D
Patron: Hashmi
Teachers; development of a teacher licensure website and licensure application portal. Directs the Department of Education to develop and maintain an easily accessible and streamlined website to provide clarification on teacher licensure and endorsement requirements, including information on specific requirements and certification credentials based on the specific type of licensure or endorsement. The bill also directs the Department to develop and maintain a teacher licensure application portal to integrate all forms and payment required for licensure and that includes (i) a feature enabling any teacher to track his progress in earning professional development points, completing licensure renewal requirements, and fulfilling any additional credentialing or endorsement options offered by the Board of Education and (ii) options for sharing and sending any application documents and forms to allow Educator Preparation Programs or division leadership to review and approve such documents and forms prior to the Department review process.
A BILL to amend the Code of Virginia by adding a section numbered 22.1-298.1:1, relating to teachers; development of a teacher licensure website and licensure application portal.23102025D
Patron: Hashmi
Television Production Development Grant Program and Fund; established; report. Establishes the Television Production Development Grant Program and Fund that allows the Virginia Tourism Authority, with assistance from the Virginia Film Office, to award competitive grants to businesses in the television industry for filming or investing in television production or television production%96related infrastructure projects in the Commonwealth. The Office and the Authority shall submit a report every two years detailing television industry and related infrastructure spending in the Commonwealth and information related to the issuance of such grants through the Program from the Fund.
A BILL to amend the Code of Virginia by adding a section numbered 2.2-2320.3, relating to Television Production Development Grant Program and Fund; established; report.23102447D
Patron: Peake
Compensation of local jails for cost of incarceration. Requires the Department of Corrections to compensate local jails for the actual cost, based on the rate calculated in the Compensation Board's annual jail cost report, of incarcerating felons who should otherwise be confined in a state correctional facility. Current law provides for local jails to be compensated at the rate set forth in the general appropriation act.
A BILL to amend and reenact § 53.1-20.1 of the Code of Virginia, relating to compensation of local jails for cost of incarceration.23101388D
Patron: Marsden
Office of the Department of Corrections Ombudsman; created. Creates the Office of the Department of Corrections Ombudsman headed by an Ombudsman who is selected by a Corrections Oversight Committee, also created by the bill. The Committee is made up of four members of the General Assembly and 11 nonlegislative citizen members who monitor the activities of the Ombudsman and the Department of Corrections. The bill provides the Office's authority to conduct inspections at least once every three years and more often when warranted of Department or Board of Local and Regional Jails facilities and requires the Office to establish confidential telephone hotlines and online forms for concerns, complaints, and inquiries by inmates, their family members and advocates, and Department employees and contractors. In addition, the bill requires the Committee to conduct quarterly public hearings and submit an annual report to the Governor, the Attorney General, the Senate Committee on the Judiciary, the House Committee on Public Safety, and the Director of the Department.
A BILL to amend the Code of Virginia by adding in Chapter 1 of Title 53.1 an article numbered 4, consisting of sections numbered 53.1-17.2 through 53.1-17.10, relating to Office of the Department of Corrections Ombudsman; created.
23102476D
Patron: Stuart
Mandatory reporting of all offenders released from a state correctional facility before the completion of the offender's sentence. Requires the Department of Corrections to provide the Virginia State Crime Commission with the name, last known address, criminal history information, length of sentence incarcerated, reason for early release, and remaining time on such length of sentence for each offender in the custody of the Department. The bill requires the Commission to publish the names of such offenders along with the reason for early release on its website and provide an annual report by November 15 to the General Assembly concerning the release of such offenders and any future criminal charges and convictions for such offenders.
A BILL to require mandatory reporting of all offenders released from a state correctional facility before the completion of the offender's sentence.23103445D
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
Appointment of guardian ad litem for minor witness. Authorizes a general district court to appoint a guardian ad litem to represent a minor who is required to testify as a witness in a case before the court.
A BILL to amend the Code of Virginia by adding a section numbered 8.01-396.2, relating to appointment of guardian ad litem for minor witness.23101705D
Patron: Hanger
Farm use placards. Delays the requirement for vehicles claiming a farm use exemption to obtain a farm use placard from the Department of Motor Vehicles and display such placard from July 1, 2023, to January 1, 2024. The bill exempts trailers and semitrailers from the requirement to display a farm use placard. The bill removes certain requirements on the application for a farm use placard, prohibits requesting additional information on such application, and prohibits disclosure of application information for certain purposes. The bill clarifies that certain farm use exemptions apply to all pickup and panel trucks, sport utility vehicles, and trailers or semitrailers, not just those having a gross vehicle weight greater than 7,500 pounds. The bill authorizes the use of an agricultural or horticultural vehicle for disposing of incidental refuse and a seasonal transportation vehicle for driving to a storage house, packing plant, or market regardless of distance. The bill clarifies that the exemption for transporting back to a farm essential food includes procuring a meal for a farmer or his employees and that such exemption applies while engaged in authorized farm vehicle uses.
A BILL to amend and reenact §§ 46.2-665, as it is currently effective and as it shall become effective, 46.2-666, as it is currently effective and as it shall become effective, 46.2-667, 46.2-670, as it is currently effective and as it shall become effective, 46.2-672, as it shall become effective, 46.2-673, as it is currently effective and as it shall become effective, and 46.2-684.2 of the Code of Virginia and to amend and reenact the second enactment of Chapter 51 and the second enactment of Chapter 52 of the Acts of Assembly of 2022, relating to farm use placards.23101855D
Patron: Bell
Department of Veterans Services; mental health and rehabilitative services; Military Spouse Liaison. Adds military service members transitioning from military to civilian life to the list of persons supported by the program for mental health and rehabilitative services administered by the Department of Veterans Services. The bill requires the Commissioner of the Department of Veterans Services to include in the Department's annual report data related to such transitioning service members and an overview of the activities of the Military Spouse Liaison, including any legislative recommendations.
A BILL to amend and reenact §§ 2.2-2001.1, 2.2-2002.2, and 2.2-2004 of the Code of Virginia, relating to the Department of Veterans Services; mental health and rehabilitative services; Military Spouse Liaison.23101355D
Patron: Newman
Transportation Partnership Opportunity Fund. Requires the Governor to include in the Budget Bill an appropriation of up to $200 million, limited to $100 million each year, from the Commonwealth Transportation Fund to maintain a minimum available balance of $300 million in the Transportation Partnership Opportunity Fund (the Fund). The bill authorizes the Governor to direct funds from the Fund to the Commonwealth Transportation Board for transportation projects determined to be necessary to support major economic development initiatives or to enhance the economic development opportunities of the Commonwealth's transportation programs when recommended by the Secretary of Transportation and Secretary of Commerce and Trade; these directed funds do not have a specified limit. The bill also authorizes the Governor to use funds from the Fund to enhance the economic development opportunities of the Commonwealth's transportation programs. The bill authorizes the use of grants, funds directed to the Board, and revolving loans for property acquisition and new or improved infrastructure to support economic development opportunities of the Commonwealth's transportation programs. The bill removes the requirement for the Governor to provide copies of the guidelines and criteria for awarding grants and loans to the Chairmen of the House Committees on Appropriations, Finance, and Transportation and the Senate Committees on Finance and Appropriations and Transportation. The bill repeals the requirement for the Commonwealth Transportation Board to ensure that projects are not undertaken primarily for economic development purposes.
A BILL to amend and reenact §§ 33.2-1524 and 33.2-1529.1 of the Code of Virginia and to repeal the seventh enactment of Chapter 726 of the Acts of Assembly of 2014 relating to Transportation Partnership Opportunity Fund.23103887D
Patron: Ebbin
Cannabis control; retail market; transitional sales; regulated hemp products; penalties. Establishes a framework for the creation of a retail marijuana market in the Commonwealth, which would be administered by the Virginia Cannabis Control Authority. The bill allows the Authority to begin issuing marijuana licenses on July 1, 2024, and allows, beginning July 1, 2023, certain pharmaceutical processors, pending establishment of the retail market, to cultivate, manufacture, and sell cannabis products to persons 21 years of age or older. The bill transitions from the Virginia Department of Agriculture and Consumer Services to the Authority the authority to regulate the testing, labeling, packaging, and advertising of regulated hemp products, as defined in the bill.
A BILL to amend and reenact §§ 2.2-2499.5, 2.2-2499.7, 2.2-2499.8, 3.2-4113, 3.2-4116, 3.2-4118, 4.1-600, 4.1-601, 4.1-603, 4.1-604, 4.1-606, 4.1-610, 4.1-614, 4.1-619, 4.1-1105.1, 4.1-1500, 4.1-1501, 4.1-1502, 18.2-247, 54.1-3401, 54.1-3408.3, 54.1-3442.6, 54.1-3442.7, and 54.1-3446 of the Code of Virginia, 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 a section numbered 4.1-629, by adding in Chapter 7 of Title 4.1 sections numbered 4.1-700 through 4.1-704, by adding in Chapter 10 of Title 4.1 sections numbered 4.1-1003 through 4.1-1007, by adding in Chapter 11 of Title 4.1 sections numbered 4.1-1104, 4.1-1106, 4.1-1116, and 4.1-1122, by adding in Chapter 12 of Title 4.1 sections numbered 4.1-1200, 4.1-1202, 4.1-1206, and 4.1-1207, by adding in Chapter 13 of Title 4.1 a section numbered 4.1-1307, by adding in Chapter 14 of Title 4.1 sections numbered 4.1-1400 and 4.1-1403, and by adding in Article 2 of Chapter 1 of Title 6.2 a section numbered 6.2-108, and to repeal Article 5 (§§ 3.2-5145.1 through 3.2-5145.5) of Chapter 51 of Title 3.2 of the Code of Virginia, relating to cannabis control; retail market; transitional sales; regulated hemp products; penalties.23104135D
Patron: McPike
Creation of Fredericksburg Area Transportation Authority; funding; recordation tax. Creates the Fredericksburg Area Transportation Authority, comprising the counties and cities located in Planning District 16. The Authority will administer transportation funding generated through the imposition of (i) an additional transportation improvement grantor's fee at a rate of $0.06 per $100 of the consideration for the conveyance and (ii) a local transportation transient occupancy tax at a rate of one percent of the amount of the charge for the occupancy of any room or space occupied in any county or city in Planning District 16. The bill also increases the annual distribution of recordation tax revenues to cities and counties from $20 million to $55 million and dedicates $15 million of such annual distribution to the Fredericksburg Area Transportation Fund, created by the bill.
A BILL to amend and reenact §§ 58.1-811 and 58.1-816, as they are currently effective and as they may become effective, and 58.1-1744 and to amend the Code of Virginia by adding in Title 33.2 a chapter numbered 39, consisting of sections numbered 33.2-3900 through 33.2-3913, and by adding in Chapter 8 of Title 58.1 a section numbered 58.1-802.6, relating to Fredericksburg Area Transportation Authority; funding; recordation tax.23104217D
Patron: McPike
Appointment of guardian ad litem; requested information, records, or reports from individual or entity. Requires any individual or entity with information, records, or reports relevant to a guardianship or conservatorship proceeding, including any local department of social services, criminal justice agency, financial institution, investment advisor, or other financial services provider, to provide, upon request from the appointed guardian ad litem, such information, records, or reports to the appointed guardian ad litem. The bill also specifies that the individual or entity who provides such information, records, or reports shall do so within five days of the request from the guardian ad litem and shall provide the information, records, or reports at no cost but may attach a statement of expenses or invoice to the requested information, records, or reports to be considered by the court in its determination of the award of costs in a proceeding. Under current law, health care providers and local school divisions are required to provide such information, records, or reports to guardians ad litem upon request.
The bill also requires certain financial institutions, in cooperation with an investigation of alleged abuse, neglect, or exploitation of an adult, to make available any financial records or information relevant to such investigation upon request from any guardian ad litem who has been appointed by the court to represent such adult. The bill immunizes such financial institutions from civil or criminal liability for providing such financial records or information, provided that such financial institutions did not engage in gross negligence or willful misconduct.
A BILL to amend and reenact §§ 6.2-103.1 and 64.2-2003 of the Code of Virginia, relating to appointment of guardian ad litem; requested information, records, or reports from an individual or entity.23104005D
Patron: McPike
Underground Utility Damage Prevention Act. Makes various changes to the Underground Utility Damage Prevention Act. The bill (i) requires excavators to review updates in the 811 positive response system and conduct additional safety verifications before digging, (ii) allows an excavator to schedule a locate request 12 days in advance, (iii) grants stop work authority to State Corporation Commission representatives if they encounter a threat to public safety or property, (iv) creates a criminal penalty for any person who knowingly excavates in violation of the Act and fails or refuses to stop work after being requested to do so, (v) increases from $2,500 to $10,000 the maximum civil penalty for violations of the Act, and (vi) updates notification requirements.
A BILL to amend and reenact §§ 56-265.15, 56-265.16:1, 56-265.17, 56-265.17:3, 56-265.18, 56-265.19, 56-265.22, 56-265.24, 56-265.31, and 56-265.32 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 56-265.24:1, relating to Underground Utility Damage Prevention Act; schedule of excavation; stop work authority; penalties.23103926D
Patron: Boysko
Strangulation by blocking or obstructing the airway of another; penalty. Provides that any person who, without consent, impedes the blood circulation or respiration of another person by knowingly, intentionally, and unlawfully blocking or obstructing the airway of such person is guilty of strangulation, a Class 6 felony.
A BILL to amend and reenact § 18.2-51.6 of the Code of Virginia, relating to strangulation by blocking or obstructing the airway of another; penalty.23101406D
Patron: Marsden
Commissioner of Highways; roadways operating under the Virginia Highway Corporation Act of 1988 to operate under the Public-Private Transportation Act of 1995. Directs the Commissioner of Highways to evaluate whether it is in the public interest for any roadway operated pursuant to the Virginia Highway Corporation Act of 1988 (HCA) to operate instead under the authority and requirements provided by the Public-Private Transportation Act of 1995 (PPTA). The bill authorizes the Commissioner, if he determines it is in the public interest for any such roadway to operate under the PPTA and if the Secretary of Transportation and the Transportation Public-Private Partnership Steering Committee concur, to negotiate and execute a new comprehensive agreement with the operator of such roadway to operate under the authority and requirements provided by the PPTA. The bill has an expiration date of January 1, 2025.
A BILL to direct the Commissioner of Highways to evaluate whether roadways operating under the Virginia Highway Corporation Act of 1988 should operate under the Public-Private Transportation Act of 1995.23102471D
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: DeSteph
Education improvement scholarships tax credits; eligible student with a disability. Removes, beginning in taxable year 2024, the requirement that an eligible student with a disability also qualify as a student under the education improvement scholarships tax credit program and expands eligibility of students with disabilities to include those who are residents of Virginia and for whom an Individualized Education Plan has been written and finalized. The bill also provides that beginning in taxable year 2024 the aggregate amount of scholarships provided to each eligible student with a disability for a single school year from eligible donations shall not exceed the lesser of (i) the actual qualified educational expenses of the eligible student with a disability or (ii) 300 percent of the per pupil amount distributed to the local school division (in which the eligible student with a disability resides) for the state's share of the standards of quality costs using the composite index of local ability-to-pay. Such scholarships may only be provided to an eligible student with a disability who is attending a school licensed by the Department of Education to serve students with disabilities that complies with nonpublic school accreditation requirements, is exempt from taxation as a § 501(c)(3) organization, and does not receive public funds to supplement the cost of the education of the eligible student with a disability who is receiving the scholarship.
A BILL to amend and reenact §§ 58.1-439.25 and 58.1-439.28, as they shall become effective, of the Code of Virginia, relating to education improvement scholarships tax credits; eligible student with a disability.23100679D
Patron: Reeves
Applicant Fingerprint Database; participation in FBI Next Generation Identification Rap Back Service, through Virginia Rap Back Service, for fingerprint-based criminal history record monitoring; penalty. Requires the Department of State Police (the Department) to participate in the Federal Bureau of Investigation's (FBI) Next Generation Identification (NGI) Rap Back Service, through the Virginia Rap Back Service (the Service), for the purpose of allowing those agencies and governmental entities that require a fingerprint-based criminal background check as a condition of (i) providing care to (a) children, (b) the disabled, or (c) the elderly or (ii) (a) licensure, (b) certification, (c) employment, or (d) volunteer service to be advised when an individual subject to such screening is arrested for, or convicted of, a criminal offense. The bill provides that fingerprints submitted to the FBI through the Virginia Rap Back Service may be used for future searches, including latent searches.
The bill requires the Department to ensure that notification is made to the participating entity, defined in the bill, when an FBI Rap Back report is received. Any unauthorized use of the information submitted to the Service is prohibited; any willful violation with the intent to harass or intimidate another is a Class 1 misdemeanor. The bill requires the Department to promulgate regulations governing the Service and the removal and destruction of records on persons who are deceased or are no longer enrolled in the Service. The bill authorizes the Department to charge a reasonable fee per individual enrolled in the Service, paid by any participating entity enrolling the individual in the Service and provides that when more than one participating agency enrolls the same individual in the Service, both entities shall be responsible for paying the full cost for maintenance and notification. The bill requires that any fees collected shall be deposited in a special account to offset costs of subscription fees, maintenance fees, and enhancements related to the Criminal and Rap Back Information Service.
Under current law, the Department maintains an Applicant Fingerprint Database (the Database) that functions similarly to the Service. The bill transitions the Department from using the Database and requires the Service to be operational no later than July 1, 2025, contingent upon appropriation of funds.
A BILL to amend and reenact § 52-46 of the Code of Virginia, relating to Applicant Fingerprint Database; participation in FBI Next Generation Identification Rap Back Service, through Virginia Rap Back Service, for fingerprint-based criminal history record monitoring; penalty.
23104211D
Patron: Reeves
Hate crimes and discrimination; anti-Semitism; penalties. Provides that it is the policy of the Commonwealth to safeguard all individuals within the Commonwealth from unlawful discrimination in employment and in places of public accommodation because of anti-Semitism. The bill also adds victims who are intentionally selected because of anti-Semitism to the categories of victims whose intentional selection for a hate crime involving assault, assault and battery, or trespass for the purpose of damaging another's property results in a higher criminal penalty for the offense and adds anti-Semitism to the categories of hate crimes that are to be reported to the central repository of information regarding hate crimes maintained by the Virginia State Police. The bill provides that a person who is subjected to acts of intimidation or harassment, violence directed against his person, or vandalism to his real or personal property, where such acts are motivated by anti-Semitism, may bring a civil action to recover his damages. The bill also provides that no provider or user of an interactive computer service on the Internet shall be liable for any action voluntarily taken by it in good faith to restrict access to material that the provider or user considers to be intended to incite hatred on the basis of anti-Semitism.
A BILL to amend and reenact §§ 2.2-3900, 2.2-3902, 8.01-42.1, 8.01-49.1, 18.2-57, 18.2-121, and 52-8.5 of the Code of Virginia, relating to hate crimes and discrimination; anti-Semitism; penalties.
23104133D
Patron: Reeves
Weapon of terrorism; definition; penalty. Includes any mixture or substance containing a detectable amount of fentanyl, including its isomers, esters, ethers, salts, and salts of isomers, as a weapon of terrorism for the purpose of defining terrorism offenses. The bill provides that any person who sells, gives, distributes, or manufactures a weapon of terrorism when that weapon of terrorism is, or contains, any mixture or substance containing a detectable amount of fentanyl is guilty of a Class 2 felony.
A BILL to amend and reenact §§ 18.2-46.4 and 18.2-46.6 of the Code of Virginia, relating to weapon of terrorism; definition; penalty.23103853D
Patron: McDougle
Crimes by gangs. Expands the definition of "predicate criminal act" to include all felonies. The bill also increases various penalties for gang crimes.
A BILL to amend and reenact §§ 18.2-46.1, 18.2-46.2, 18.2-46.3:1, and 18.2-46.3:3 of the Code of Virginia, relating to crimes by gangs.23104152D
Patron: Lucas
Sales tax revenues; entertainment arena. Adds entertainment arena to the definition of public facility for the purpose of allowing a locality to collect all sales tax revenues generated by transactions at such a facility, provided that a locality owns the facility, wholly or partly, and contributes to financing its construction. The bill also allows a municipality to issue bonds to finance a public facility on or after July 1, 2023, but prior to July 1, 2026, and provides that a municipality is entitled to all sales tax revenues generated by transactions generating revenues in connection with the development and construction of such public facility, in addition to transactions taking place in such public facility.
A BILL to amend and reenact § 58.1-608.3 of the Code of Virginia, relating to sales tax revenue; entertainment arena.
23102896D
Patron: Boysko
Electronic communication systems within state correctional facilities; free telephone calls and communication services. Requires the Department of Corrections to provide telephone systems and web-based or electronic communications systems free of charge to any person, whether such person is initiating or receiving the communication. The bill also requires that a minimum ratio of one telephone per every 10 inmates be available within each housing unit at each correctional facility and that a maximum number of telephone numbers permitted on an approved call list must be no fewer than 20.
A BILL to amend and reenact §§ 53.1-1.1 and 53.1-35.1 of the Code of Virginia, relating to electronic communication systems within state correctional facilities; free telephone calls and communication services.23102463D
Patron: Deeds
False emergency communication to emergency personnel; penalties; report. Provides that it is a Class 1 misdemeanor for any person to knowingly report, or cause another to report in reliance on intentionally false information provided by such person, a false emergency communication to any emergency personnel that results in an emergency response. The bill also provides that it is a Class 6 felony if such false emergency communication results in an emergency response during which and as a result of such emergency response any person suffers a serious bodily injury and a Class 5 felony if any person is killed. The bill authorizes any locality to provide by ordinance that a person convicted of such false emergency communication shall be liable for the reasonable expense in responding to such false emergency communication. The bill also requires the Secretary of Education, together with the Secretary of Public Safety and Homeland Security, to convene a work group for the purpose of establishing best practices, policies, and procedures for school personnel in the event of false information resulting in an emergency response at or near a school.
A BILL to amend and reenact § 15.2-1716.1 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-461.1, relating to false emergency communication to emergency personnel; penalties.23103560D
Patron: DeSteph
Retail sales and use tax; exemptions; data centers. Removes the June 30, 2035, sunset on the local sales and use tax exemption for data centers.
A BILL to amend and reenact § 58.1-609.3 of the Code of Virginia, relating to retail sales and use tax; exemptions; data centers.23101364D
Patron: Deeds
Personal information of judges and magistrates; penalty. Prohibits the Commonwealth from publishing on the Internet the personal information of any active or retired federal or Virginia justice, judge, or magistrate. The bill adds active or retired federal or Virginia justices, judges, and magistrates to the list of people for which an enhanced punishment applies for the crime of using such person's identity with the intent to coerce, intimidate, or harass. The bill also adds active and retired magistrates to the list of people who may furnish, in addition to his residence street address, a post office box address located within the Commonwealth to be included in lieu of his street address on the lists of registered voters. This bill is a recommendation of the Judicial Council of Virginia.
A BILL to amend and reenact §§ 18.2-186.4, 18.2-186.4:1, and 24.2-418 of the Code of Virginia, relating to personal information of judges and magistrates; penalty.23101589D
Patrons: McClellan, Ebbin
Child tax credit. Creates a refundable tax credit for taxable years 2023 through 2027 for individuals whose households include dependents younger than the age of 18. The bill provides that the amount of the credit will be equal to $500 for an individual or married persons filing a joint return whose family Virginia adjusted gross income, as defined by Virginia code, does not exceed $100,000. The bill provides that if the amount of such credit exceeds the taxpayer's liability for the taxable year, the excess shall be refunded by the Tax Commissioner within 90 days after the filing date of the income tax return on which the taxpayer applies for such refund.
A BILL to amend the Code of Virginia by adding in Article 3 of Chapter 3 of Title 58.1 a section numbered 58.1-339.14, relating to child tax credit.
23102462D
Patrons: McClellan, McPike
Transit Ridership Incentive Program; funds; improving accessibility; transition to zero-emissions. Directs the Commonwealth Transportation Board to use up to 30 percent of available funds in the Transit Ridership Incentive Program to support local, regional, and state entities in improving the accessibility of transit bus passenger facilities and transitioning public transit bus fleets and infrastructure to zero-emission bus fleets and infrastructure. The bill directs the Board to develop guidelines for applications for grants to any local, regional, or state public entity that supports a transit system.
A BILL to amend and reenact § 33.2-1526.3 of the Code of Virginia, as it is currently effective and as it shall become effective, relating to Transit Ridership Incentive Program; funds; improving accessibility; transition to zero-emissions.23102475D
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: Barker
Virginia Port Authority; tax credits and grants. Creates grant programs to replace the barge and rail usage tax credit and the Virginia port volume increase tax credit when those credits expire on January 1, 2025. The bill also creates a new Port of Virginia Economic Development Grant Program consisting of two component programs: the Economic and Infrastructure Development Grant Program and the International Trade Facility Grant Program. The bill also moves the sunset date of the existing Port of Virginia Economic and Infrastructure Development Grant Fund and Program from June 30, 2025, to December 31, 2024.
A BILL to amend and reenact § 62.1-132.3:2 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 62.1-132.3:2.1, 62.1-132.3:2.2, 62.1-132.3:2.3, 62.1-132.3:5, and 62.1-132.3:6, relating to Virginia Port Authority; tax credits and grants.23101795D
Patron: Barker
Taxable income apportionment; retail companies. Provides that, beginning with taxable year 2023, affiliated corporations filing on a consolidated basis may elect to apportion the taxable income of all members of the affiliated group using sales factor alone even if one or more members of the affiliated group would be required to use different apportionment factors if filing separate returns. The election is valid only in taxable years for which 80 percent or more of the affiliated group's sales is derived from retail company activities.
A BILL to amend and reenact § 58.1-422.1 of the Code of Virginia, relating to taxable income apportionment; retail companies.23102545D
Patron: Barker
Taxation of corporations; apportionment; Internet root infrastructure providers. Provides that sales of services by Internet root infrastructure providers, defined in the bill, are deemed to be in the Commonwealth for corporate income tax purposes if they are derived from sales transactions with a customer or client who receives the benefit of the services in the Commonwealth.
A BILL to amend and reenact § 58.1-416 of the Code of Virginia, relating to taxation of corporations; apportionment; Internet root infrastructure providers.23103193D
Patron: Morrissey
Parole Board; membership; eligibility determinations; reports. Removes provisions that exempted from the mandatory disclosure provisions of the Virginia Freedom of Information Act the records of the Parole Board. The bill increases from five to 10 the number of Board members, establishes a time line for member appointments, provides appointment power over six of such members to certain committees of the General Assembly, and establishes requisite criteria for Board members. The bill requires the Board to (i) adopt rules regarding parole eligibility as set forth in the bill; (ii) publish the statement of actions taken by the Board by the fifteen day of each month; (iii) include in such statement individualized reasons for the granting or denial of parole and the vote of each member; (iv) conduct final deliberations and votes on parole decisions at public meetings; (v) publish an annual report that summarizes actions taken by the Board during the prior year; and (vi) provide a prisoner or his attorney with all information, other than the personal information of the victim, gathered by the Board during an investigation.
A BILL to amend and reenact §§ 2.2-3703, 53.1-134, 53.1-136, and 53.1-155 of the Code of Virginia, relating to Parole Board; membership; eligibility determinations; reports.23101701D
Patrons: McClellan, Favola
Virginia Cannabis Incubator Project. Establishes a framework for the creation of the Virginia Cannabis Incubator Project in the Commonwealth. The bill creates a regulatory structure for such Incubator Project to be administered by the Virginia Cannabis Control Authority. The bill has a delayed effective date pending legalization of the manufacture, sale, and distribution of cannabis in the Commonwealth.
A BILL to amend and reenact §§ 4.1-604 and 19.2-392.13 of the Code of Virginia and to amend the Code of Virginia by adding in Title 4.1 a chapter numbered 16, consisting of sections numbered 4.1-1600 and 4.1-1601, relating to Virginia Cannabis Incubator Project.23104220D
Patron: Lewis
Hemp products; license and label requirements. Requires the Board of Agriculture and Consumer Services to adopt certain regulations relating to industrial hemp and industrial hemp extracts intended for inhalation, as defined in the bill, that include labeling requirements, batch testing requirements, and tolerances for contaminants of such products. The bill requires any manufacturer of a hemp product, wholesale supplier that sells hemp products, or retail establishment that sells hemp products to register with the Board and pay an annual fee for a license to sell such products and also requires hemp products sold or offered for sale to have certain information included on the label. The bill updates the definition of industrial hemp to match the definition in federal law.
A BILL to amend and reenact §§ 3.2-4112 and 3.2-4114 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 3.2-4114.3 and 3.2-4114.4, relating to hemp products; license and label requirements.23104067D
Patron: Barker
Income tax; rolling conformity; report. Provides that Virginia shall generally conform to federal tax laws on a rolling basis, meaning that Virginia tax laws incorporate changes to federal income tax law as soon as Congress enacts them on or after January 1, 2023. However, the bill provides that Virginia shall not conform to any changes in a single act of Congress with an impact of more than $50 million on revenues in the year in which the amendment was enacted or any of the next four years. For any amendment enacted on or after January 1, 2024, the $50 million impact threshold shall be adjusted annually by the change in the Chained Consumer Price Index for All Urban Consumers (C-CPI-U) for the previous year.
A BILL to amend and reenact § 58.1-301 of the Code of Virginia, relating to income tax; rolling conformity; report.23101959D
Patron: McPike
Public elementary and secondary schools; automated external defibrillators required. Requires each local school board to develop a plan for the placement, care, and use of an automated external defibrillator in every public elementary and secondary school in the local school division and to place an automated external defibrillator in every public elementary and secondary school in the local school division. Under current law, such a plan is optional and there is no requirement for each school board to place an automated external defibrillator in every public elementary and secondary school in the local school division.
A BILL to amend and reenact § 22.1-274.4 of the Code of Virginia, relating to public elementary and secondary schools; automated external defibrillators required.23104004D
Patron: McPike
State Corporation Commission; Energy-Intensive Trade-Exposed Industries work group; report. Directs the State Corporation Commission to convene a work group for the purposes of assessing the competitiveness of manufacturers in energy-intensive trade-exposed industries in the Commonwealth to foreign manufacturers that are not required to meet the same federal and state standards regarding labor, energy, intellectual property, and environmental factors. The bill defines "energy-intensive trade-exposed industry" and establishes the requirements for the membership of the work group. The work group is required to report its findings and recommendations to the Chairmen of the House Committee on Commerce and Energy and the Senate Committee on Commerce and Labor no later than December 1, 2025.
A BILL to direct the State Corporation Commission to convene a work group to study energy-intensive trade-exposed industries; report.
23104002D
Patron: Marsden
Electric Vehicle Rural Infrastructure Program and Fund created. Creates the Electric Vehicle Rural Infrastructure Program and Fund to assist private developers with non-utility costs associated with the installation of electric vehicle charging stations. The bill provides that a private developer is eligible to receive grants of 70 percent of such non-utility costs for electric vehicle charging stations installed in a city or county that meets the criteria of a distressed locality as provided in the bill and caps the total amount of grants awarded in any fiscal year at $25 million.
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 Electric Vehicle Rural Infrastructure Program and Fund created.23104193D
Patron: Deeds
Carrying a firearm or explosive material within Capitol Square or building owned or leased by the Commonwealth; exemptions; public institutions of higher education. Limits the exemption from the prohibition on the carrying of any firearm or explosive material within any building owned or leased by the Commonwealth or agency thereof or any office where employees of the Commonwealth or any agency thereof are regularly present for the purpose of performing their official duties that currently applies to any property owned or operated by a public institution of higher education to instead apply to any individual within a building owned or operated by a public institution of higher education who possesses a weapon as part of such public institution of higher education's curriculum or activities or as part of any organization authorized by the public institution of higher education to conduct its programs or activities within such building.
A BILL to amend and reenact § 18.2-283.2 of the Code of Virginia, relating to carrying a firearm or explosive material within Capitol Square or building owned or leased by the Commonwealth; exemptions; public institutions of higher education.
23104414D
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: Barker
Data centers and cloud computing; sales tax exemption; grant fund. Creates the Cloud Computing Cluster Infrastructure Grant Fund for the purpose of providing grants to qualified companies, defined in the bill as a company, including its affiliates, that enters into a memorandum of understanding with the Virginia Economic Development Partnership Authority and is expected to (i) make or cause to be made a capital investment of at least $50 billion and (ii) create at least 1,500 new full-time jobs that pay an average annual wage of at least $122,300. The bill requires that, in order to become a qualified company, a company successfully complete a qualification process that includes an endorsement from the MEI Commission and approval in the appropriation act for the amount of grants that are to be provided.
The bill also extends the data center sales and use tax exemption to 2040 for a data center operator that (i) makes a capital investment of at least $35 billion in data centers in the Commonwealth and (ii) creates at least 1,000 direct new jobs with an average wage of at least $122,300. Such data center operator shall be eligible for further extension to 2050 if the data center operator (i) makes a total capital investment of at least $100 billion, inclusive of the initial $35 billion investment, and (ii) creates a total of at least 2,500 direct new jobs with an average wage of at least $122,300, inclusive of the 1,000 jobs initially created.
A BILL to amend and reenact § 58.1-609.3 of the Code of Virginia and to amend the Code of Virginia by adding in Title 59.1 a chapter numbered 22.20, consisting of a section numbered 59.1-284.41, relating to data centers and cloud computing; sales tax exemption; grant fund.23102446D
Patron: Dunnavant
Right to life tax credit. Allows a refundable income tax credit of $250 for each birth of a dependent member of a taxpayer's household that occurs in taxable years 2023 through 2027. The credit is only available to a family with an annual household income that is not in excess of 400 percent of the current poverty guidelines and is subject to an aggregate cap of $25 million per taxable year. Credits shall be allocated on a pro rata basis if applications exceed such aggregate cap.
A BILL to amend the Code of Virginia by adding in Article 3 of Chapter 3 of Title 58.1 a section numbered 58.1-339.14, relating to right to life tax credit.23104459D
Patron: Deeds
Protective orders; extensions and continuances; other monetary relief; penalty. Provides that if a petitioner files a written motion requesting a hearing to extend a permanent protective order, the court may extend the protective order until the extension hearing or for an additional period not to exceed six months if the respondent fails to appear at the extension hearing because the respondent was not personally served with such motion. The bill also provides that the petitioner or respondent may file a written motion for a continuance of the extension hearing; that the court may, for good cause shown, continue the extension hearing; and that such protective order shall remain in effect until the continued extension hearing.
The bill also provides that when a temporary protective order has been issued, the court may continue the full hearing of the protective order upon the motion of the petitioner and for good cause shown. Under current law, only the respondent may file a motion to continue the hearing. The bill provides that in cases of family abuse where the court orders a permanent protective order, the court may also award other monetary relief or financial support to the petitioner for the protection of the petitioner and any other family or household member of the petitioner.
A BILL to amend and reenact §§ 16.1-253.1, 16.1-279.1, 19.2-152.9, and 19.2-152.10 of the Code of Virginia, relating to protective orders; extensions and continuances; other monetary relief; penalty.23104445D