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2023 SESSION

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Senate Committee on Finance and Appropriations

Co-Chair: Janet D. Howell - Co-Chair: George L. Barker

Clerk: G. Conway, B. Khan, C. Dunn
Staff: Stephen Kinderman
Date of Meeting: February 2, 2023
Time and Place: 4:30 p.m. Shared Committee Room
Updated to add several bills

S.B. 780

Patron: Morrissey

Casino gaming; eligible host cities; limitation on local referendums. Adds Petersburg to the list of cities eligible to host a casino in the Commonwealth. The bill also provides that when an eligible host city is located within 25 miles of another eligible host city, the governing body of any such city that holds a local referendum on the question of whether casino gaming should be permitted in such city that subsequently fails shall be prohibited from holding another local referendum on the same question until the other eligible host city has had a reasonable opportunity, not to exceed the date of the 2023 regular general election unless a court of competent jurisdiction sets an alternative date, to hold a local referendum on the same question.

A BILL to amend and reenact §§ 58.1-4107 and 58.1-4123 of the Code of Virginia, relating to casino gaming; eligible host cities; limitation on local referendums.

23100201D

S.B. 826

Patron: Bell

Institutions of higher education; campus safety; authority to employ campus police officers. Authorizes the governing board of the Virginia School for the Deaf and the Blind to establish a campus police department and employ campus police officers and auxiliary police forces as provided by relevant law, the employment of whom is to be governed by the Virginia Personnel Act unless the governing board of the School directs otherwise.

A BILL to amend and reenact §§ 2.2-2905, 2.2-3706, 2.2-3802, 9.1-161, 9.1-601, 23.1-809, 23.1-812, 23.1-815, 59.1-148.3, 65.2-107, 65.2-402, 65.2-402.1, and 85.2-1721.1 of the Code of Virginia, relating to institutions of higher education; campus safety; authority to employ campus police officers.

23102249D

S.B. 847

Patron: Favola

Pedestrian control signals; applicability to persons riding bicycles and other devices. Allows persons riding a bicycle, electric personal assistive mobility device, electric power-assisted bicycle, moped, or motorized skateboard or scooter to follow the pedestrian control signal at an intersection when traveling in the direction of the signal, provided they yield to pedestrians in the crosswalk traveling in the same direction. The bill specifies that such persons shall not start to cross the highway in the direction of such signal while the signal is solid, that pedestrians shall not start to cross the highway when such signal is solid or flashing, and that any person who has partially crossed the highway shall proceed to a sidewalk or safety island when the solid Don't Walk signal begins.

A BILL to amend and reenact § 46.2-925 of the Code of Virginia, relating to pedestrian control signals; applicability to persons riding bicycles and other devices.

23102496D

S.B. 886

Patron: Surovell

Paid sick leave; health care providers and grocery store workers. Requires employers to provide paid sick leave to health care providers and grocery store workers. Under current law, employers are only required to provide paid sick leave to certain home health workers. The bill removes requirements that workers work on average at least 20 hours per week or 90 hours per month to be eligible for paid sick leave. The bill provides that certain health care providers may waive their right to accrue and use paid sick leave and provides an exemption for employers of certain other health care providers. The bill requires the Department of Labor and Industry to develop guidelines for retail employers that sell groceries to provide sick leave and to publish such guidelines by December 1, 2023. The provisions of the bill other than the requirement for the Department of Labor and Industry to develop guidelines have a delayed effective date of January 1, 2024.

A BILL to amend and reenact §§ 40.1-33.3 and 40.1-33.4 of the Code of Virginia, relating to paid sick leave; health care providers and grocery store workers; waiver for certain employees.

23102622D

S.B. 887

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

S.B. 896

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

S.B. 903

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

S.B. 912

Patron: Ruff

Virginia Public Procurement Act; competitive negotiation; exceptions to contractual terms and conditions of the Request for Proposal. Prohibits a public body from requiring an offeror to state in a proposal any exception to any contractual terms or conditions, including any liability provisions, contained in a Request for Proposal for information technology. The bill also requires the offeror to state any such exception in writing at the beginning of negotiations, which exception shall be considered during negotiations. Current law only prohibits a public body from requiring an offeror to state in a proposal any exception to the liability provisions of the Request for Proposal.

A BILL to amend and reenact § 2.2-4302.2 of the Code of Virginia, relating to Virginia Public Procurement Act; competitive negotiation; exceptions to contractual terms and conditions of Request for Proposal.

23101862D

S.B. 914

Patron: Hanger

Office of Data Governance and Analytics; Chief Data Officer. Repeals the sunset provision enacted in 2021 that created the Office of Data Governance and Analytics and the position of Chief Data Officer within the Office of the Secretary of Administration, making both permanent. The provision is currently scheduled to expire on July 1, 2023.

A BILL to repeal the third enactment of Chapter 314 of the Acts of Assembly of 2021, Special Session I, relating to the Office of Data Governance and Analytics; Chief Data Officer.

23100958D

S.B. 940

Patron: Edwards

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

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

23101370D

S.B. 954

Patron: Petersen

Virginia Public Procurement Act; construction management and design-build contracting; applicability. Requires a two-step process consisting of (i) a preconstruction contract and (ii) competitive sealed bidding for construction services for certain projects totaling less than $125 million. Complex projects, defined in the bill, may request an exemption from the provisions of the bill and relevant law from the Secretary of Administration. If a complex project totals is more than $125 million, the bill provides that an exemption from the provisions of the bill and relevant law is not required. Finally, the bill states that competitive sealed bidding is the preferred method of procurement for construction services in the Commonwealth.

A BILL to amend and reenact §§ 2.2-4378 through 2.2-4382 of the Code of Virginia and to amend the Code of Virginia by adding in Article 2 of Chapter 43.1 of Title 2.2 a section numbered 2.2-4380.1, by adding in Article 3 of Chapter 43.1 of Title 2.2. a section numbered 2.2-4381.1, and by adding in Article 4 of Chapter 43.1 of Title 2.2 a section numbered 2.2-4382.1, relating to the Virginia Public Procurement Act; construction management and design-build contracting; applicability.

23100261D

S.B. 994

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

S.B. 1018

Patron: Edwards

Railroad companies; notice of certain action; sale or transfer of railroad rights-of-way or related facilities. Requires a railroad company operating in the Commonwealth that submits an application to the federal government for consolidation, merger, abandonment, or discontinuance to notify, in addition to the State Corporation Commission and the Governor, the Secretary of Transportation, the Secretary of Natural Resources, the Director of the Department of Rail and Public Transportation, and the Executive Director of the Virginia Passenger Rail Authority of such action.

The bill prohibits a railroad company operating or previously operating in the Commonwealth from selling or transferring railroad rights-of-way or related facilities within the Commonwealth without first offering such rights-of-way or facilities to the Department of Transportation or its designee. Under the bill, the Department is required to respond to the offer within 120 days. The bill provides that if the Department or its designee rejects the offer or 120 days have elapsed without an extension of the offer by mutual agreement, the railroad company may sell or transfer the rights-of-way or facilities to another party. The bill prohibits the railroad company from selling or transferring the rights-of-way or facilities to another party under terms more favorable than offered to the Department or its designee.

A BILL to amend and reenact § 56-345.1 of the Code of Virginia and to amend the Code of Virginia by adding in Article 1 of Chapter 13 of Title 56 a section numbered 56-345.2, relating to railroad companies; notice of certain action; sale or transfer of railroad rights-of-way or related facilities.

23102961D

S.B. 1019

Patron: Edwards

Department of Education; Virginia-based nonprofit organizations; schools for adults to earn credentials, college credit, and high school diplomas. Requires the Department of Education to authorize a Virginia-based nonprofit organization as a local education agency to provide schools for adults to earn (i) (a) an industry-recognized credential or (b) dual college credit and (ii) a high school diploma on one or more diploma pathways set forth in the relevant Board of Education regulation in which enrollment is open, on a space-available basis, to adults who reside throughout the Commonwealth.

A BILL to amend the Code of Virginia by adding a section numbered 22.1-225.1, relating to Department of Education; Virginia-based nonprofit organizations; schools for adults to earn credentials, college credit, and high school diplomas.

23103137D

S.B. 1022

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

S.B. 1030

Patron: Norment

Public institutions of higher education; duties of governing board; student tuition and fees; requests for certain information. Requires the governing board of each public institution of higher education to adopt policies and procedures requiring the release to each student or, if such student is a dependent, the parent of each student enrolled at such institution of an itemized list of how such student's individual annual tuition and other mandatory fees are allocated, including the exact amount of such student's tuition and mandatory fees that are used to subsidize financial aid grants and scholarships for other students at such institution. The bill requires such policies and procedures to include a provision allowing any student or the parent of any student to opt out of receiving such itemized list.

A BILL to amend and reenact § 23.1-1303 of the Code of Virginia, relating to public institutions of higher education; duties of governing board; requests for certain information relating to student tuition and fees.

23104036D

S.B. 1066

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

S.B. 1069

Patron: Saslaw

Drivers stopping for pedestrians; certain signs; stops. Requires the driver of a vehicle on a highway approaching a pedestrian who is crossing such highway to stop for such pedestrian. Currently, a driver is required to yield the right-of-way to such pedestrian by stopping and remaining stopped. The bill also provides that localities that are already authorized to install signs directing motor vehicles to yield the right-of-way to pedestrians crossing or attempting to cross a highway may also install signs directing motor vehicles to stop for such pedestrians.

A BILL to amend and reenact § 46.2-924 of the Code of Virginia, relating to drivers stopping for pedestrians; certain signs; stops.

23103053D

S.B. 1071

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

S.B. 1080

Patron: Edwards

Juvenile and domestic relations district courts; Department of Juvenile Justice; adjudication of delinquency. Raises the maximum age for delinquency matters in juvenile and domestic relations district courts from persons under 18 years of age to persons under 21 years of age. The bill defines "underage person" as an individual who is 18 years of age or older but younger than 21 years of age. The bill adds underage persons to all provisions regarding delinquency proceedings in juvenile and domestic relations district courts, the transfer of delinquency matters to circuit courts, and criminal procedure as currently applies to juveniles only. The bill differentiates between juveniles and underage persons in specific circumstances, including consent for medical or mental health records or procedures, mental health screenings in secure detention facilities, and provisions regarding release on bail or recognizance.

The bill also specifies that a delinquent child is a child 11 years of age or older who has committed a delinquent act. Currently, there is no minimum age for a child to be adjudicated delinquent. The bill provides that if a juvenile younger than 11 years of age is found to have committed a delinquent act, the juvenile shall not be proceeded upon as delinquent; however, the court may make any orders of disposition authorized for a child in need of services or a child in need of supervision. The bill has a delayed effective date of January 1, 2025.

A BILL to amend and reenact §§ 16.1-228, 16.1-241, 16.1-242, 16.1-243, 16.1-247, 16.1-248.1 through 16.1-249, 16.1-250, 16.1-254, 16.1-255, 16.1-256, 16.1-259 through 16.1-263, 16.269.1 through 16.1-272, 16.1-273, 16.1-274.1, 16.1-274.2, 16.1-277.1, 16.1-278.7, 16.1-278.8, 16.1-278.8:01, 16.1-280, 16.1-284, 16.1-284.1, 16.1-285, 16.1-285.1, 16.1-287, 16.1-291, 16.1-292, 16.1-293, 16.1-295, 16.1-296, 16.1-297, 16.1-299, 16.1-299.1, 16.1-302, 16.1-305, 16.1-307 through 16.1-309.1, 16.1-356 through 16.1-360, 66-3, 66-3.2, 66-10, 66-12, 66-13, 66-15, 66-18 through 66-21, 66-22.1, and 66-25.1 through 66-25.1:3 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 16.1-278.9:1, relating to juvenile and domestic relations district courts; Department of Juvenile Justice; adjudication of delinquency.

23101977D

S.B. 1099

Patron: Norment

School Resource Officer Grants Program and Fund. Provides that matching grants from the School Resource Officer Incentive Grants Fund may be awarded to local law-enforcement agencies and local school boards for the expenses related to the equipment necessary for uniformed school resource officers, school security officers, and other relevant school safety personnel and the enhancement of the school-law enforcement partnership through training and programming as determined by the Department.

A BILL to amend and reenact § 9.1-110 of the Code of Virginia, relating to School Resource Officer Grants Program and Fund.

23101308D

S.B. 1101

Patron: Boysko

Paid family and medical leave program. Requires the Virginia Employment Commission to establish and administer a paid family and medical leave program with benefits beginning January 1, 2026. Under the program, benefits are paid to eligible employees for family and medical leave. Funding for the program is provided through premiums assessed to employers and employees beginning in 2025. The amount of a benefit is 80 percent of the employee's average weekly wage, not to exceed 80 percent of the state weekly wage, which amount is required to be adjusted annually to reflect changes in the statewide average weekly wage. The measure caps the duration of paid leave at 12 weeks in any application year. The bill provides self-employed individuals the option of participating in the program.

A BILL to amend the Code of Virginia by adding in Title 60.2 a chapter numbered 8, consisting of sections numbered 60.2-800 through 60.2-820, relating to the establishment of family and medical leave insurance program; financing through payroll taxes.

23100632D

S.B. 1109

Patron: Hashmi

Board of Education; College and Career Readiness for English Language Learners Grant Program and Fund; established. Establishes the College and Career Readiness for English Language Learners Grant Program and Fund to support English language learner students in preparing for postsecondary opportunities by providing reimbursement grants to eligible school divisions for providing and expanding access to certain career, technical, apprenticeship, and college readiness and preparation programs and courses for high school students identified as having limited English proficiency. The bill provides that the total value of reimbursement grants awarded to any school division annually shall not exceed an amount equal to $500 times the number of English language learner students in grades nine through 12 enrolled in such school division. The bill directs the Board to establish such guidelines as it deems necessary for the administration of the Program and to establish procedures for determining amounts and prioritizing the award of such reimbursement grants in the event that the moneys in the Fund are not sufficient to provide each school division the full grant amount for which they are qualified. Finally, the bill provides that reimbursement grants shall be awarded to eligible school divisions beginning with the 2023-2024 school year.

A BILL to amend the Code of Virginia by adding a section numbered 22.1-206.3, relating to Board of Education; College and Career Readiness for English Language Learners Grant Program and Fund; established.

23102440D

S.B. 1114

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

S.B. 1115

Patron: DeSteph

Virginia Public Procurement Act; preference for products made or manufactured in Virginia and the U.S.; recyclable content; report. Provides preference for a bidder who is a resident of Virginia over a bidder who is a resident of any other state in determining the award for any contract for goods, services, or construction under the Virginia Public Procurement Act. The bill requires a state agency to decrease by seven percent the price of any offer for a Virginia end product, defined in the bill, and to decrease by two percent the price of any offer for a U.S. end product, defined in the bill, when evaluating bids for purposes of making an award determination. When the lowest responsive and responsible bidder, after price preferences have been taken into account, is a resident of Virginia and the offer price is within $10,000 or five percent, whichever is less, of the lowest responsive and responsible bidder who is a resident of another state, the Virginia resident shall be given the option to match the price of the nonresident bidder. Current allowance for granting price preferences to Virginia residents is made mandatory by the bill. The bill directs the Secretary of Commerce and Trade to convene a stakeholder work group to recommend revisions to the recyclable materials tax credit and report on the work group's recommendations by November 1, 2023. This bill is a recommendation of the Manufacturing Development Commission.

A BILL to amend and reenact § 2.2-4324 of the Code of Virginia, relating to Virginia Public Procurement Act; preference for products made or manufactured in Virginia and the U.S.; recyclable content report.

23103895D

S.B. 1118

Patron: Hashmi

Employment of teachers; English as a Second Language Incentive Reward Program and Fund; established. Provides that each local school board shall adopt employment policies and practices designed to promote the employment of highly qualified teachers to effectively serve the educational needs of students who are English language learners, including providing financial support for teachers seeking and obtaining an endorsement in English as a second language pre-kindergarten through grade 12. The bill also establishes the English as a Second Language Incentive Reward Program and Fund for the purpose of awarding incentive grants to public school teachers in the Commonwealth who obtain an endorsement in English as a second language pre-kindergarten through grade 12. The bill provides that the Board of Education shall award to any teacher who obtains such endorsement an initial incentive grant of $5,000 and a subsequent incentive grant of $2,500 each year for the life of the endorsement, with such incentive grants to resume upon renewal of the endorsement. Finally, the bill directs the Board to establish such guidelines as it deems necessary for the administration of the Program and to establish procedures for the award of such incentive grants in the event that the moneys in the Fund are not sufficient to award each eligible teacher the appropriate award amount.

A BILL to amend and reenact § 22.1-295 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 22.1-299.2:1, relating to employment of teachers; English as a Second Language Incentive Reward Program and Fund; established.

23102437D

S.B. 1133

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

S.B. 1156

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

S.B. 1159

Patron: Boysko

Fines, costs, etc.; time period to commence collection activity. Extends the time period, upon agreement by the attorney for the Commonwealth and the clerk of the circuit court or district court, that collection activity may be commenced for unsatisfied fines, costs, forfeitures, penalties, and restitution to 180 days following either (i) the date of the final judgment imposing such costs or (ii) if the final judgment includes an active term of incarceration, the date of the defendant's release from such incarceration, whichever is later. Under current law, collection activity may be commenced 90 days after judgment.

A BILL to amend and reenact § 19.2-349 of the Code of Virginia, relating to fines, costs, etc.; time period to commence collection activity.

23102986D

S.B. 1162

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

S.B. 1166

Patron: Surovell

Energy planning and electric utility oversight. Requires the Commission on Electric Utility Regulation (the Commission) to establish the Commonwealth Energy Research Consortium (the Consortium), consisting of public institutions of higher education in the Commonwealth, to conduct energy research and policy analysis for the Commonwealth. The bill requires the Commission to distribute funds from the Commonwealth Energy Research Fund, created by the bill, to the Consortium to (i) conduct energy and environmental research that furthers the Commonwealth Clean Energy Policy; (ii) provide objective analysis and planning to guide decisions in the public and private sectors, including analysis of potential legislation; (iii) identify programs that would reduce energy costs to consumers; and (iv) create a statewide energy efficiency strategy.

The bill increases from 10 to 13 the membership of the Commission by adding three nonlegislative citizen members; requires the Commission to meet twice annually and to receive an annual report from the State Corporation Commission by November 1 regarding the implementation of the Virginia Electric Utility Regulation Act; requires newly appointed members of the Commission to receive an orientation on electric utility regulation from the State Corporation Commission; authorizes the Commission to employ an executive director and such other persons as it deems necessary and to employ experts who have knowledge of the issues before it; and extends the expiration of the Commission from July 1, 2024, to July 1, 2029. The bill requires the Commission to (a) monitor applications by the Commonwealth for grants and awards for energy projects from the federal government; (b) establish the Commonwealth Energy Research Consortium and distribute funds from the Commonwealth Energy Research Fund; (c) consider legislation referred to it during any session of the General Assembly or other requests by members of the General Assembly; and (d) conduct studies and gather information and data in order to accomplish its purposes.

The bill requires the Division of Renewable Energy and Energy Efficiency of the Department of Energy to present a draft of the Virginia Energy Plan or any updates to the Plan to the Virginia Coal and Energy Commission and the Commission on Electric Utility Regulation at a public meeting and to present the final Plan to the Commission on Electric Utility Regulation at a public meeting.

The bill requires investor-owned electric utilities, as part of preparing any integrated resource plan, to make a draft of their updated integrated resource plan available to the public and to conduct outreach to engage the public and provide opportunities for the public to contribute information and ideas or make inquiries regarding the integrated resource plan. Additionally, the bill requires such electric utilities to conduct an ongoing stakeholder review process for the purpose of considering, and inviting stakeholder input and review on, changes to the utility's integrated resource plan development methodology and modeling inputs and assumptions.

A BILL to amend and reenact §§ 30-202 through 30-206, 30-209, 45.2-1711, 45.2-1712, 45.2-1713, and 56-599 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 30-205.1, relating to energy planning and electric utility oversight; Commission on Electricity Utility Regulation; membership, meetings, powers and duties, and staffing; Commonwealth Energy Research Consortium and Fund established; Virginia Energy Plan; public presentation of plan draft; electric utilities; integrated resource plans; stakeholder groups and public outreach required.

23104221D

S.B. 1183

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

S.B. 1184

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

S.B. 1188

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

S.B. 1207

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

S.B. 1211

Patron: Lucas

Eastern Virginia Medical School; establishment of Eastern Virginia Health Sciences Center at Old Dominion University. Repeals provisions establishing and relating to Eastern Virginia Medical School and designates the schools and divisions previously existing as Eastern Virginia Medical School and such other academic units of Old Dominion University related to the health sciences as may be identified by the Old Dominion University Board of Visitors as the Eastern Virginia Health Sciences Center at Old Dominion University (the Health Sciences Center). The bill permits Old Dominion University to provide medical and health sciences education and related research through the teaching hospitals and related health care and health maintenance facilities at the Health Sciences Center and contains provisions relating to the operations of the Health Sciences Center, including provisions relating to cooperative arrangements and joint ventures.

A BILL to amend and reenact §§ 2.2-3106, 2.2-3705.4, 2.2-3711, 2.2-4343, 2.2-4345, 22.1-209.2, 23.1-608, 23.1-608.1, 23.1-809, 23.1-1100, 23.1-1200, 23.1-2001, 23.1-2002, 32.1-69.3, 32.1-279, 38.2-5008, and 54.1-2961 of the Code of Virginia; to amend the Code of Virginia by adding in Chapter 20 of Title 23.1 sections numbered 23.1-2005, 23.1-2006, and 23.1-2007; and to repeal Chapter 30 (§§ 23.1-3000 through 23.1-3014) of Title 23.1 of the Code of Virginia, relating to Eastern Virginia Medical School; establishment of Eastern Virginia Health Sciences Center at Old Dominion University.

23101041D

S.B. 1260

Patron: Lucas

National Teacher Certification Incentive Reward Program and Fund; name; eligibility; incentive grant awards. Renames the National Teacher Certification Incentive Reward Program and Fund as the National Board Certification Incentive Reward Program and Fund, expands eligibility for incentive grant awards from such Fund pursuant to such Program from solely teachers who have obtained national certification from the National Board for Professional Teaching Standards to (i) all public school staff who are candidates for initial national certification or maintenance of national certification to cover certain costs of obtaining or maintaining such certification and (ii) all public school staff who have successfully obtained or maintained such certification. The bill also declares eligible for an annual incentive grant award in the amount of $7,500 all public school staff who have obtained or maintained such certification. Current law declares eligible for an annual incentive grant award of $5,000 in the first year and $2,500 in each subsequent year all teachers who have obtained or maintained such certification.

A BILL to amend and reenact § 22.1-299.2 of the Code of Virginia, relating to National Teacher Certification Incentive Reward Program and Fund; name; eligibility; incentive grant awards.

23102890D

S.B. 1271

Patron: Boysko

Animal testing; annual report; whistle blower protections created; Animal Welfare Whistle Blower Reward Fund established; civil penalty. Requires state and private facilities using animal test methods to annually submit on or before December 1 to the Department of Agriculture and Consumer Services a report regarding the use of animals in biomedical or behavioral research for the preceding year. The bill also creates whistle blower protections for any violations of any animal care requirements and establishes the Animal Welfare Whistle Blower Reward Fund to provide monetary rewards to persons who have disclosed any such violations. Finally, the bill provides that violations will result in a civil penalty of not less than $500 nor more than $2,500.

A BILL to amend the Code of Virginia by adding in Chapter 65 of Title 3.2 an article numbered 13.1, consisting of sections 3.2-6593.2 through 3.2-6593.7, relating to animal testing; annual report; whistle blower protections created; Animal Welfare Whistle Blower Reward Fund established; civil penalty.

23101434D

S.B. 1274

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

S.B. 1282

Patron: Boysko

Community service work in lieu of payment of fines and costs; work performed while incarcerated. Provides that in the program established by a court to provide an option to any person upon whom a fine and costs have been imposed to discharge all or part of the fine or costs by earning credits for the performance of community service work, work performed while incarcerated, defined in the bill as work performed for a wage that is less than the Virginia minimum wage, is added as an option for earning such credits during imprisonment at a state, local, or regional correctional facility. The bill makes offering such option for community service work or work performed while incarcerated mandatory. The bill provides that a person who is performing work performed while incarcerated shall be credited at the same rate as the community service work rate less any wages received for such work performed while incarcerated. Under current law, a court is required to establish a program for providing an option for community service work in lieu of payment of fines and costs but offering such option is not mandatory.

A BILL to amend and reenact § 19.2-354 of the Code of Virginia, relating to community service work in lieu of payment of fines and costs; work performed while incarcerated.

23103981D

S.B. 1291

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

S.B. 1308

Patron: Deeds

Virginia Economic Development Partnership Authority; eligible site for site development grant; minimum acreage requirement. Reduces from 100 acres to 50 acres the minimum number of contiguous acres required for a site that is not a brownfield to satisfy the acreage requirement to be considered eligible to receive a site development grant from the Virginia Business Ready Sites Program Fund by the Virginia Economic Development Partnership Authority.

A BILL to amend and reenact § 2.2-2240.2:1 of the Code of Virginia, relating to Virginia Economic Development Partnership Authority; eligible site for site development grant; acreage requirements.

23101653D

S.B. 1310

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

S.B. 1324

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

S.B. 1325

Patrons: McClellan, Hashmi

Standards of Quality; work-based learning; teacher leaders and mentors; principal mentors; certain personnel positions and initiatives. Makes several changes to the Standards of Quality, including requiring the establishment of units in the Department of Education to oversee work-based learning and principal mentorship statewide and requiring the Board of Education to establish and oversee the local implementation of teacher leader and teacher mentor programs in Standard 5. The bill also makes several changes relating to school personnel in Standard 2, including (i) requiring each school board to employ teacher leaders and teacher mentors at specified student-to-position ratios; (ii) lowering the ratio of English language learner students to teachers; (iii) lowering the ratio of assistant principals to students in each elementary, middle, and high school; (iv) lowering the ratio of school counselors to students in grades kindergarten through 12; and (v) increasing the required number of specialized student support positions from at least three to at least four such positions per 1,000 students. Such specialized student support positions include school social workers, school psychologists, school nurses, licensed behavior analysts, licensed assistant behavior analysts, and other licensed health and behavioral positions.

A BILL to amend and reenact §§ 22.1-253.13:1, 22.1-253.13:2, and 22.1-253.13:5, as they are currently effective and as they shall become effective, 22.1-274, 22.1-274.01:1, 22.1-294, 22.1-299.7:1, and 22.1-303 of the Code of Virginia and to repeal § 22.1-305.1 of the Code of Virginia, relating to the Standards of Quality; work-based learning; teacher leaders and mentors; principal mentors; certain personnel positions and initiatives.

23102467D

S.B. 1326

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

S.B. 1327

Patrons: McClellan, Ebbin

Comprehensive children's health care coverage program. Directs the Department of Medical Assistance Services to establish a program to provide state-funded comprehensive health care coverage for individuals in the Commonwealth who (i) are under 19 years of age, (ii) are not covered under a group health plan or health insurance coverage, and (iii) but for their immigration status would be eligible for medical assistance services through the Commonwealth's program of medical assistance services established pursuant to Title XIX or XXI of the Social Security Act. The bill also requires the Department to ensure that all program information is made available in a manner that is accessible to individuals with limited English proficiency and individuals with disabilities through the provision of language access services, including oral interpretation and written translations, free of charge, and to ensure that information obtained by the program remains confidential and is not disclosed for any purpose not related to the administration of the program.

A BILL to amend the Code of Virginia by adding in Title 32.1 a chapter numbered 13.01, consisting of a section numbered 32.1-353.01, relating to comprehensive children's health care coverage program.

23102538D

S.B. 1329

Patrons: McClellan, Petersen

Board of Education; creation and maintenance of Virginia Parent Data Portal. Requires the Board of Education, on or before July 1, 2024, to create and maintain the Virginia Parent Data Portal that, among other things, (i) displays individualized student assessment data on all state-supported assessments, as that term is defined in the bill, (a) in a format that shows both current and cumulative data over time and (b) within 45 days of a state-supported assessment window closing for each state-supported assessment; (ii) provides a description of the purpose of each state-supported assessment, an explanation of how to interpret student data on each state-supported assessment, and a comparison of a student's performance on each state-supported assessment with the performance of the student's school, the student's school division, and the Commonwealth; (iii) is viewable from a mobile device in addition to a desktop computer; and (iv) restricts user access to students and their parents. The bill requires the Board and the Department of Education to provide certain guidance and technical assistance to local school divisions on professional development for principals and teachers in parent engagement on and interpretation of student assessment data available through the Portal and requires each school board to annually provide high-quality professional development to principals and teachers on such topics.

A BILL to amend and reenact §§ 22.1-1, as it is currently effective and as it shall become effective, 22.1-253.13:3, and 22.1-253.13:5, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to Board of Education; creation and maintenance of Virginia Parent Data Portal.

23103843D

S.B. 1339

Patron: Barker

Minimum staffing standards for certified nursing facilities; administrative sanctions. Sets nursing staffing requirements for certified nursing facilities, imposes administrative sanctions on a certified nursing facility if it does not comply with the staffing requirements, and provides for exemptions to the administrative sanctions under certain circumstances. The bill has a delayed effective date of July 1, 2026.

A BILL to amend and reenact §§ 32.1-27.1 and 32.1-127 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 32.1-27.2, relating to minimum staffing standards for certified nursing facilities; administrative sanctions.

23101878D

S.B. 1346

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

S.B. 1349

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

S.B. 1366

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

S.B. 1370

Patron: Vogel

Electric utilities; pilot program for underground transmission lines; additional project. Adds one project to the existing pilot program for underground transmission lines. The bill requires the State Corporation Commission to approve one additional application filed between January 1, 2023, and October 1, 2023, as a qualifying project to be constructed in whole or in part underground, as a part of the pilot program. The bill requires that the added qualifying project be a newly proposed 230-kilovolt line underground line and that (i) an engineering analysis demonstrates that it is technically feasible to place the proposed line, in whole or in part, underground; (ii) the governing body of each locality in which a portion of the proposed line will be placed underground indicates, by resolution, general community support for the project and that the governing body supports the transmission line to be placed underground; (iii) a project has been filed with the Commission or is pending issuance of a certificate of public convenience and necessity by October 1, 2023; (iv) the estimated additional cost of placing the proposed line, in whole or in part, underground does not exceed $40 million or, if greater than $40 million, the cost does not exceed 2.5 times the cost of placing the same line overhead, assuming accepted industry standards for undergrounding to ensure safety and reliability; if the public utility, the affected localities, and the Commission agree, a proposed underground line whose cost exceeds 2.5 times the cost of placing the line overhead may also be accepted into the pilot program; (v) the public utility requests that the project be considered as a qualifying project under the pilot program; and (vi) the primary need of the project is for purposes of grid reliability or grid resiliency or to support economic development priorities of the Commonwealth, including the economic development priorities and the comprehensive plan of the governing body of the locality in which at least a portion of line will be placed, and not to address aging assets that would have otherwise been replaced in due course.

A BILL to amend and reenact § 56-585.1:5 of the Code of Virginia, relating to electric utilities; pilot program for underground transmission lines; additional project.

23101426D

S.B. 1383

Patron: Stuart

Virginia Fusion Intelligence Center; Mental Health Crisis Intervention Hotline; creation. Directs the Virginia Fusion Intelligence Center to (i) establish a 24-hour-a-day, seven-day-a-week toll-free Mental Health Crisis Intervention Hotline to receive anonymous tips regarding individuals suspected to be in need of mental health treatment in order to facilitate mental health treatment, crisis intervention, and the prevention of tragedies and (ii) develop and implement policies and procedures for referring tips received through the Hotline to state or local law enforcement, as may be appropriate, in a timely manner for follow-up and investigation.

A BILL to amend the Code of Virginia by adding in Chapter 11 of Title 52 a section numbered 52-49.1, relating to Virginia Fusion Intelligence Center; Mental Health Crisis Intervention Hotline; creation.

23101979D

S.B. 1393

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

S.B. 1396

Patron: Stuart

Organized retail theft; report; penalty. Establishes the crime of organized retail theft that makes it a Class 3 felony for any person to (i) conspire or act in concert with another person to commit simple larceny of retail property from one or more retail mercantile establishments, with a value exceeding $1,000 aggregated over a 90-day period, with the intent to sell such retail property for monetary or other gain, and to take or cause such retail property to be placed in the control of a retail property fence or other person; (ii) receive or possess any retail property that has been obtained by simple larceny from one or more retail mercantile establishments in violation of clause (i) while knowing or having reasonable grounds to believe the property was unlawfully obtained; or (iii) conspire or act in concert with two or more other persons as an organizer, supervisor, financier, leader, or manager to engage for profit in a scheme or course of conduct to effectuate the transfer or sale of property obtained by simple larceny from one or more retail mercantile establishments in violation of either of clause (i) or clause (ii). The bill defines the terms retail mercantile establishment, retail property, and retail property fence. The bill makes it a Class 5 felony for any person to injure property during an act or attempted act of organized retail theft when the value of or damage to the property, memorial, or monument is $1,000 or more. The bill provides that any person convicted of a second larceny offense shall be confined in jail not less than 30 days nor more than 12 months and that for a third or any subsequent offense, he is guilty of a Class 6 felony. The bill also establishes the Organized Retail Crime Fund to be administered by the Attorney General solely for the purposes of awarding grants to attorneys for the Commonwealth and law-enforcement agencies to investigate, indict, and prosecute violations of organized retail theft and associated fraud and property crimes.

 

A BILL to amend and reenact §§ 18.2-46.1, 18.2-137, and 18.2-513 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 2.2-511.2, 18.2-103.1, and 18.2-104.01, relating to organized retail theft; report; penalty.

23101935D

S.B. 1401

Patron: Lewis

Virginia Resources Authority; purpose; community development and housing projects. Adds community development projects related to the production and preservation of housing, including housing for persons and families of low and moderate income, to those projects that the Virginia Resources Authority may finance. The bill directs the Department of Housing and Community Development to assist the Authority with determining which local governments are to receive grants from the Authority for such projects.

A BILL to amend and reenact §§ 62.1-198, 62.1-199, and 62.1-218 of the Code of Virginia, relating to Virginia Resources Authority; purpose; community development and housing projects.

23103834D

S.B. 1405

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

S.B. 1420

Patron: Pillion

Business park electric infrastructure program. Makes permanent and amends certain provisions of the Code related to the business park electric infrastructure program conducted by the Virginia Economic Development Partnership. The bill requires that the program be conducted in the service territory or transmission zone of each Phase I and Phase II Utility and permits costs incurred by the utility in installing the business park electric infrastructure to be recovered pursuant to a rate adjustment clause approved by the State Corporation Commission. The bill also requires a utility to obtain a certificate from the Commission prior to constructing business park electric infrastructure and requires the Commission to institute a rulemaking proceeding by September 1, 2023, to establish requirements for the program.

A BILL to amend and reenact §§ 56-585.1 and 56-585.1:10 of the Code of Virginia and to repeal the fourth enactment of Chapter 535 of the Acts of Assembly of 2019, relating to business park electric infrastructure program.

23102041D

S.B. 1436

Patron: Dunnavant

Testing of certain persons for sexually transmitted infections. Provides that as soon as practicable following arrest, or following indictment, arrest by warrant, or service of a petition in the case of a juvenile, the attorney for the Commonwealth may request after consultation with any complaining witness, or shall request upon the request of the complaining witness, that any person charged with certain specified crimes be requested to submit to testing for sexually transmitted infections, as that term is defined in the bill. The bill provides that if the request is denied, a court finding probable cause shall order such testing.

A BILL to amend the Code of Virginia by adding a section numbered 18.2-61.1, relating to testing of certain persons for sexually transmitted infections.

23102051D

S.B. 1448

Patron: Lucas

Norfolk State University and Virginia State University; reduced rate tuition charges for certain students. Permits the Norfolk State University Board of Visitors and the Virginia State University Board of Visitors to charge reduced rate tuition to any non-Virginia student who is enrolled in a program at the relevant institution that leads to employment in a high-demand field, as determined by the board of visitors of the relevant institution based on data compiled and provided by the Virginia Office of Education Economics.

A BILL to amend the Code of Virginia by adding a section numbered 23.1-507.1, relating to Norfolk State University and Virginia State University; reduced rate tuition charges for certain students.

23104271D

S.B. 1449

Patron: Obenshain

Judicial Retirement System; creditable service and contributions; extended absence. Provides that the entire amount of time a judge is on an extended absence for more than three months that is not due to a medical emergency, disability, or family emergency shall be subtracted from his years of creditable service toward retirement benefits and that no employer contributions shall be made at any time during such extended absence period.

A BILL to amend and reenact §§ 51.1-303 and 51.1-304 of the Code of Virginia, relating to Judicial Retirement System; creditable service and contributions; extended absence.

23104352D

S.B. 1466

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

S.B. 1470

Patron: Ruff

Department of Workforce Development and Advancement created; consolidation of the Commonwealth's workforce development policies and programs; report. Creates the Department of Workforce Development and Advancement (the Department) to serve as administrator and fiscal agent for the Commonwealth's workforce development programs. The bill consolidates statewide workforce program evaluation and data sharing under the Department and provides protections against improper disclosure of data. The bill provides for the Virginia Board of Workforce Development to conduct an independent evaluation of the operations and program objectives of the Department on a biennial basis with the first report due on December 1, 2025. The bill also (i) transfers administration of apprenticeship programs from the Department of Labor and Industry to the Department, (ii) changes the name of the Office of Education and Labor Market Analysis to the Office of Education and Workforce Research and moves the Office from the Virginia Economic Development Partnership Authority to the Department, and (iii) shifts the administration and implementation of adult education programs from the Board of Education and local school boards to the State Board for Community Colleges and comprehensive community colleges. The bill directs the Secretary of Labor to conduct a comprehensive review of the Commonwealth's workforce development programs and make recommendations to address a wide range of subjects relating to improving the effectiveness and efficiency of such programs. This bill is a recommendation of the Small Business Commission.

A BILL to amend and reenact §§ 2.2-214.2, 2.2-214.3, 2.2-435.10, 2.2-2237.3, 2.2-2238, 2.2-2471, 2.2-2472, 2.2-3711, 2.2-3905, 22.1-253.13:1, as it is currently effective and as it shall become effective, 22.1-277.06, 40.1-100, 54.1-1101, 60.2-105, 60.2-111, 60.2-114, and 60.2-631 of the Code of Virginia; to amend the Code of Virginia by adding in Title 2.2 a chapter numbered 20.2, containing articles numbered 1 through 4, consisting of sections numbered 2.2-2035 through 2.2-2058, and by adding a section numbered 23.1-2906.3; and to repeal § 2.2-435.8, Article 3 (§§ 22.1-223, 22.1-224, and 22.1-225) of Chapter 13 of Title 22.1, Chapter 6 (§§ 40.1-117 through 40.1-127) of Title 40.1, §§ 60.2-110, 60.2-113, 60.2-113.1, 60.2-309, and 60.2-310, and Chapter 4 (§§ 60.2-400, 60.2-400.1, and 60.2-401) of Title 60.2 of the Code of Virginia, relating to consolidation of the Commonwealth's workforce development policies and programs; Department of Workforce Development and Advancement created; report.

23103908D

S.B. 1471

Patrons: Boysko, Barker

Campaign finance; prohibited personal use of campaign funds; complaints, hearings, civil penalty, and advisory opinions. Prohibits any person from converting contributions to a candidate or his campaign committee for personal use. Current law only prohibits such conversion of contributions with regard to disbursement of surplus funds at the dissolution of a campaign or political committee. The bill provides that a contribution is considered to have been converted to personal use if the contribution, in whole or in part, is used to fulfill any commitment, obligation, or expense that would exist irrespective of the person's seeking, holding, or maintaining public office but allows a contribution to be used for the ordinary and accepted expenses related to campaigning for or holding elective office, including the use of campaign funds to pay for the candidate's child care expenses that are incurred as a direct result of campaign activity. The bill provides that any person subject to the personal use ban may request an advisory opinion from the State Board of Elections on such matters. The bill directs the State Board of Elections to adopt emergency regulations to implement the provisions of the bill and to provide an updated summary of Virginia campaign finance law that reflects the State Board of Elections' and Attorney General's guidance on the provisions of such law that prohibit the personal use of campaign funds and any new regulations promulgated by the State Board of Elections.

A BILL to amend and reenact §§ 2.2-3711, 24.2-946, and 24.2-948.4 of the Code of Virginia and to amend the Code of Virginia by adding in Article 3 of Chapter 9.3 of Title 24.2 sections numbered 24.2-948.6, 24.2-948.7, and 24.2-948.8, relating to campaign finance; prohibited personal use of campaign funds; complaints, hearings, civil penalty, and advisory opinions.

23104251D

S.B. 1484

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

S.B. 1486

Patron: Morrissey

District courts; substitute judges; per diem compensation. Raises from $200 to $500 the per diem compensation for substitute judges in a general district court and juvenile and domestic relations district court.

A BILL to amend and reenact § 16.1-69.44 of the Code of Virginia, relating to district courts; substitute judges; per diem compensation.

23104084D

S.B. 1491

Patron: Bell

Virginia Public Procurement Act; construction management; contract requirements. Provides that construction management contracts shall require that the state public body, local public body, covered institution, or their designated project director shall have the authority to make a determination about whether to allow the construction manager to propose or bid on particular contracts if, given market and other relevant information, the state public body, local public body, covered institution, or their designated project director determines that such action may be in the best interest of the project and the Commonwealth. The bill also provides that construction management contracts shall require that the state public body, local public body, or covered institution shall have the option to negotiate particular contracts in an open-book manner with the construction manager at risk or the state public body, local public body, or covered institution may require the construction manager to submit a sealed bid or proposal to the state public body, local public body, covered institution, their designated project director, or procurement officer consistent with established procurement processes.

A BILL to amend and reenact §§ 2.2-4380, 2.2-4381, and 2.2-4382 of the Code of Virginia, relating to the Virginia Public Procurement Act; construction management; contract requirements.

23104014D

S.B. 1493

Patron: Bell

Virginia School for the Deaf and the Blind; Board of Visitors to report to the Governor. Moves the Board of Visitors of the Virginia School for the Deaf and the Blind (the Board of Visitors) from under the responsibility of the Secretary of Education to under the direction and supervision of the Governor. The bill exempts the Board of Visitors from the definition of "executive branch agency" with respect to the responsibilities of the Virginia Information Technologies Agency.

A BILL to amend and reenact §§ 2.2-208, 2.2-2006, and 22.1-346.2 of the Code of Virginia, relating to Virginia School for the Deaf and the Blind; Board of Visitors to report to the Governor.

23103558D

S.B. 1499

Patrons: McClellan, Hashmi

Public institutions of higher education; Virginia Commonwealth University Health System Authority; chief executive officer; criteria. Provides that the chief executive officer of the Virginia Commonwealth University Health System Authority may be the individual who holds the title of Vice-President for Health Science of Virginia Commonwealth University, or such other title as subsequently established by the University's board of visitors for the chief academic and administrative officer for the Health Sciences Schools of the University. Current law requires the chief executive officer to hold such title.

A BILL to amend and reenact § 23.1-2403 of the Code of Virginia, relating to public institutions of higher education; Virginia Commonwealth University Health System Authority; chief executive officer; criteria.

23104258D

S.B. 1503

Patron: Rouse

Social Work Advisory Board; established; report. Establishes the Social Work Advisory Board to advise the Governor on efforts to improve the social work profession in the Commonwealth. The bill requires the Social Work Advisory Board to report annually by December 1 to the Governor and the General Assembly regarding its activities and recommendations.

A BILL to amend the Code of Virginia by adding in Chapter 37 of Title 54.1 an article numbered 3, consisting of sections numbered 54.1-3709.4 through 54.1-3709.8, relating to Social Work Advisory Board; established; report.

23102477D

S.B. 1518

Patron: Barker

Charitable gaming; Texas Hold'em poker tournaments. Amends the definition of "Texas Hold'em poker tournament" to include an organized competition of players who (i) pay an initial seating fee for entry into the competition and an additional seating fee up to once every 30 minutes, thereby allowing such players to purchase additional poker chips as needed for use in the competition, and (ii) may be seated at no more than 10 tables consisting of 10 players each simultaneously playing Texas Hold'em poker games. The bill prohibits a qualified organization from charging any initial or additional seating fee in excess of $8 for the conduct of any such Texas Hold'em poker tournament and requires qualified organizations to hire an armed security officer that is licensed by the Department of Criminal Justice Services to be present during the times that any tournament is being played. The bill also requires any qualified organization that conducts any Texas Hold'em poker tournament to use at least 30 percent of its gross receipts from the conduct of Texas Hold'em poker tournaments for (a) those lawful religious, charitable, community, or educational purposes for which the organization is specifically chartered or organized or (b) those expenses related to the acquisition, construction, maintenance, or repair of any interest in real property involved in the operation of the organization and used for lawful religious, charitable, community, or educational purposes.

 

A BILL to amend and reenact §§ 18.2-340.16, 18.2-340.19, 18.2-340.28:2, and 18.2-340.33 of the Code of Virginia, relating to charitable gaming; Texas Hold'em poker tournaments.

23104869D

S.B. 1519

Patron: Barker

Public institutions of higher education; Virginia College Savings Plan; renamed Commonwealth Savers Plan; duties of governing board. Renames the Virginia College Savings Plan as the Commonwealth Savers Plan (the Plan) and amends all relevant references to "college savings trust account" to "education savings trust account." The bill provides that the purpose of the Plan is to enhance the accessibility, affordability, and attainability of higher education in the Commonwealth. The bill expands the duties of the governing board (the board) of the Plan to include developing, implementing, and funding programs or partnerships to enhance the accessibility, affordability, and attainability of higher education for underserved and underrepresented communities and students and authorizes the board to develop policies for the funding and review of such programs or partnerships. The bill expands the definition of "current obligations of the Plan" to include any additional benefit or educational access, affordability, and attainability program or partnership developed pursuant to the Plan. The bill further prohibits any officer, director, or member of the board or of any advisory committee to the board from being held personally liable for any loss suffered by the Plan. Finally, the bill provides that any benefit paid on any prepaid tuition contract entered into prior to July 1, 2019, may be supplemented by an additional benefit, subject to the determination and discretion of the board. The bill contains technical amendments.

A BILL to amend and reenact §§ 2.2-2744, 2.2-2753, 2.2-2905, 2.2-3114, 2.2-3705.4, 2.2-3705.7, 2.2-3711, 2.2-4006, 2.2-4343, 8.01-424, 23.1-306, 23.1-700, 23.1-701, 23.1-704 through 23.1-707, 23.1-1004, 30-330 through 30-333, 30-335, 51.1-505.01, 58.1-322.02, as it is currently effective and as it shall become effective, 58.1-322.03, as it is currently effective and as it shall become effective, and 58.1-344.4 of the Code of Virginia, relating to public institutions of higher education; Virginia College Savings Plan; renamed Commonwealth Savers Plan; duties of governing board.

23104313D

S.B. 1527

Patron: Rouse

Charitable gaming; definitions; organization; social organization. Amends the definitions of "organization" and "social organization" for the purpose of charitable gaming in the Commonwealth to include an organization that is exempt from income tax pursuant to § 501(c)(7) of the Internal Revenue Code and is operated, and has always been operated, (i) exclusively for pleasure, recreation, and nonprofitable purposes and (ii) as established in its articles of incorporation or annual Internal Revenue Service Form 990, for charitable purposes.

A BILL to amend and reenact §§ 18.2-340.16 and 18.2-340.23 of the Code of Virginia, relating to charitable gaming; definitions; organization; social organization.

23103013D

S.B. 1532

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