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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 15, 2023
Time and Place: 9:00 a.m. Shared Committee Room

H.B. 1408

Patron: Brewer

Workers' compensation; presumption of compensability for certain cancers. Expands the workers' compensation presumption of compensability for certain cancers causing the death or disability of certain employees who have completed five years of service in their position to include bladder and thyroid cancer. The presumption for these cancers does not apply for any individual diagnosed with such a condition before July 1, 2023.

A BILL to amend and reenact § 65.2-402 of the Code of Virginia, relating to workers' compensation; presumption of compensability for certain cancers.

23100548D

H.B. 1410

Patron: Marshall

Workers' compensation; Department of State Police; State Police Officers' Retirement System; presumption for arson, bomb, and hazardous materials investigators. Expands the workers' compensation presumption of compensability for certain cancers causing the death or disability of certain employees who have completed five years of service in their position to include (i) arson investigators or bomb investigators employed by the Department of State Police and (ii) members of the State Police Officers' Retirement System who collect, analyze, or handle hazardous materials, infectious biological substances and radiological agents, fentanyl, or methamphetamine.

A BILL to amend and reenact § 65.2-402 of the Code of Virginia, relating to workers' compensation; presumption for arson and hazardous materials investigators.

23100248D

H.B. 1412

Patron: Marshall

Maximum number of judges in each judicial district. Increases from two to three the maximum number of authorized general district court judges in the Twenty-second Judicial District. This bill is a recommendation of the Committee on District Courts.

A BILL to amend and reenact § 16.1-69.6:1 of the Code of Virginia, relating to the maximum number of judges in each judicial district.

23101400D

H.B. 1443

Patron: Webert

Public school funds; state share for basic aid; basic aid and supplemental basic aid payment limit. Removes the limitation on any school division qualifying for adjustment of state share of aid that capped the sum of the basic aid payment and any supplemental basic aid payment to the basic aid payment appropriated to such locality by the 2007 Session of the General Assembly.

A BILL to amend and reenact the third enactment of Chapter 589 of the Acts of Assembly of 2008, relating to public school funds; state share for basic aid; basic aid and supplemental basic aid payment limit.

23100997D

H.B. 1463

Patron: Ware

Claims; Michael Haas; compensation for wrongful incarceration. Provides relief in the amount of $1,530,653 to Michael Haas, who was wrongly convicted of forcible sodomy.

A BILL for the relief of Michael Haas, relating to claims; compensation for wrongful incarceration.

23100208D

H.B. 1525

Patron: Coyner

Background checks; peer recovery specialists; barrier crime exceptions. Permits the Department of Behavioral Health and Developmental Services, direct care service providers, and community boards to hire peer recovery specialists who have been convicted of certain barrier crimes where a history of such offense does not pose a risk in the work of a peer recovery specialist.

A BILL to amend and reenact §§ 37.2-314, 37.2-416, and 37.2-506 of the Code of Virginia, relating to background checks; peer recovery specialists; barrier crime exceptions.

23105167D

H.B. 1526

Patron: Coyner

Student literacy measures; scope; students in grades four through eight. Expands several provisions of the Virginia Literacy Act, enacted during the 2022 Regular Session of the General Assembly, effective with the 2024–2025 school year, and currently applicable to students in kindergarten through grade three, to students in grades four through eight, including (i) requiring each local school board to provide a program of literacy instruction to such students that is aligned with science-based reading research and provides evidenced-based literacy instruction; (ii) requiring each local school board to provide reading intervention services to such students who demonstrate substantial deficiencies based on their individual performance on the Standards of Learning reading assessment or a literacy screener provided or approved by the Department of Education; (iii) permitting the reading plan required for certain students in grades six through eight to include a literacy course, in addition to the course required by the Standards of Learning in English, that provides the specific evidence-based literacy instruction identified in such plan; (iv) requiring the Department to develop a list of core literacy curricula, supplemental instruction practices and programs, and intervention programs that consist of evidence-based literacy instruction aligned with science-based reading research for such students; (v) requiring each local school board to employ one reading specialist for each 550 students in kindergarten through grade five and for each 1,100 students in grades six through eight; (vi) requiring the Board of Education to provide guidance on and each local school board to provide high-quality professional development and training in science-based reading research and evidence-based literacy instruction for certain middle school personnel; and (vii) requiring each divisionwide comprehensive plan to include a divisionwide literacy plan for such students.

A BILL to amend and reenact §§ 22.1-253.13:1, 22.1-253.13:2, 22.1-253.13:5, and 22.1-253.13:6, as they shall become effective, of the Code of Virginia, relating to student literacy measures; scope; students in grades four through eight.

23102820D

H.B. 1582

Patron: Sullivan

Claims; David Wayne Kingrea; compensation for wrongful incarceration. Provides relief in the amount of $58,942 to David Wayne Kingrea, who was wrongly convicted of indecent liberties with a minor.

A BILL for the relief of David Wayne Kingrea, relating to claims; compensation for wrongful incarceration.

23101643D

H.B. 1629

Patron: Coyner

Board of Education; creation and maintenance of Virginia Parent Data Portal; report. Requires the Board of Education, on or before July 1, 2025, 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) provides functionality to enable school division personnel to manage and restrict 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. The foregoing provisions of the bill are subject to a reenactment clause. Finally, the bill establishes a work group for the purpose of advising the Board of Education on the criteria for and the process of procuring the goods and services necessary to implement the Portal and requires such work group to submit a report containing its findings and any recommendations to the Board of Education and the General Assembly no later than November 1, 2023.

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; report.

23104641D

H.B. 1630

Patron: Coyner

Virginia Retirement System; return to work. Reduces from 12 to six the number of months for the required break in service for a teacher, bus driver or school administrator to return to work full time and continue to receive his pension under the Virginia Retirement System (VRS). Adds specialized student support positions to the list of employees that may return to work, also with a six month break in service. The employer of such individuals shall include his compensation in membership payroll for purposes of the employer contribution to VRS. The bill also contains a sunset date of July 1, 2028 for all classes of employees.

A BILL to amend and reenact § 51.1-155 of the Code of Virginia and to amend and reenact the fifth enactment of Chapter 689 and the fifth enactment of Chapter 700 of the Acts of Assembly of 2001, as amended by the second enactment of Chapter 211 of the Acts of Assembly of 2003, Chapter 609 of the Acts of Assembly of 2005, the first enactment of Chapter 590 of the Acts of Assembly of 2009, the first enactment of Chapter 326 of the Acts of Assembly of 2015, and the first enactment of Chapter 765 of the Acts of Assembly of 2019, and the third enactment of Chapter 563 of the Acts of Assembly of 2004, as amended by Chapter 607 and Chapter 608 of the Acts of Assembly of 2005, the second enactment of Chapter 590 of the Acts of Assembly of 2009, the second enactment of Chapter 326 of the Acts of Assembly of 2015, and the second enactment of Chapter 765 of the Acts of Assembly of 2019, and to amend Chapter 968 and Chapter 969 of the Acts of Assembly of 2020 by adding a second enactment, relating to Virginia Retirement System; return to work.

23105515D

H.B. 1775

Patron: O'Quinn

Workers' compensation; post-traumatic stress disorder, anxiety disorder, or depressive disorder; law-enforcement officers and firefighters. Provides that an anxiety disorder or depressive disorder, as both are defined in the bill, incurred by a law-enforcement officer or firefighter is compensable under the Virginia Workers' Compensation Act on the same basis as post-traumatic stress disorder. The bill provides that a mental health professional must diagnose the covered individual as suffering from anxiety disorder or depressive disorder as a result of a qualifying event, defined in the bill as an incident or exposure occurring in the line of duty on or after July 1, 2023, and includes other conditions for compensability.

A BILL to amend and reenact § 65.2-107 of the Code of Virginia, relating to workers' compensation; post-traumatic stress disorder, anxiety disorder, or depressive disorder; law-enforcement officers and firefighters.

23101844D

H.B. 1789

Patron: Filler-Corn

Health insurance credits for certain local officials and employees. Provides an annual increase in the amount of monthly health insurance credits received by retired constitutional officers and their employees who rendered at least 30 years of creditable service by the same percentage as any annual post-retirement supplement provided for retirees hired on or after July 1, 2010.

A BILL to amend and reenact § 51.1-1403 of the Code of Virginia, relating to health insurance credits for certain local officials and employees.

23106152D

H.B. 1887

Patron: Byron

Local school boards and comprehensive community colleges; compensation structure for adjunct instructors; credit-bearing and noncredit workforce credentials. Encourages local school boards and comprehensive communities colleges to enter into local or regional agreements for the establishment and implementation of a competitive compensation structure to recruit and retain adjunct instructors to be jointly compensated by the relevant school boards and colleges to prepare both high school students and college students to earn credit-bearing workforce credentials and noncredit workforce credentials, as that term is defined in relevant law.

A BILL to amend and reenact §§ 22.1-253.13:1, as it is currently effective and as it shall become effective, and 23.1-907 of the Code of Virginia, relating to local school boards and comprehensive community colleges; compensation structure for adjunct instructors; noncredit workforce credentials.

23102357D

H.B. 1927

Patron: Durant

Filing of tax returns or payment of taxes by mail. Provides that a remittance of a tax return or a tax payment shall be deemed to have been timely received if, through no fault of the taxpayer, no postmark is affixed or the postmark affixed by the United States Postal Service is illegible or bears no date and such tax return or payment is received within five days of the due date. The bill also provides that no penalty or interest shall be imposed (i) if a taxpayer provides evidence that a tax return filing or a tax payment was timely by producing a United States Postal Service Certificate of Mailing, or other proof of mailing, showing such return was filed or such payment was made on time or (ii) if a taxpayer's failure to file a return or to pay a tax to a locality was the fault of the United States Postal Service.

A BILL to amend and reenact §§ 58.1-9 and 58.1-3916 of the Code of Virginia, relating to filing of tax returns or payment of taxes by mail.

23100898D

H.B. 2016

Patron: Adams, L.R.

Appointment of counsel; Class 1 felonies. Provides that in any case in which an indigent defendant is charged with a Class 1 felony the court shall appoint two competent, qualified, and experienced attorneys, one of whom shall be the public defender in a jurisdiction in which a public defender office is established, for the defendant. This bill is a recommendation of the Virginia Criminal Justice Conference.

A BILL to amend and reenact § 19.2-163 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 19.2-160.1, relating to appointment of counsel; Class 1 felonies.

23104727D

H.B. 2063

Patron: Glass

Appointment of guardian ad litem; requested information, records, or reports from individual or entity. Provides that any financial institution is required to make financial records or information relevant to an investigation of adult abuse, neglect, or exploitation and be made available to a court-appointed guardian ad litem for an adult subject to such investigation. The bill further requires any individual or entity with information, records, or reports relevant to a guardianship or conservatorship, including any local department of social services, financial institution, investment advisor, or financial services provider and criminal justice agencies to disclose, at no charge, to the guardian ad litem information, records, and reports concerning a respondent in a guardianship or conservatorship proceeding to the extent allowed by federal law. The bill provides civil and criminal immunity to any person or entity making such disclosures absent 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.

23105487D

H.B. 2150

Patron: Delaney

Trace evidence collection kit. Provides for the collection, retention, and storage of a trace evidence collection kit or anonymous trace evidence collection kit, defined in the bill, collected as part of a forensic medical examination of a victim of strangulation, with some procedures that parallel existing procedures for the collection, retention, and storage of physical evidence recovery kits collected for victims of sexual assault. The bill requires the Commonwealth to pay all medical fees relating to the collection of a trace evidence collection kit and does not require victims complaining of strangulation to participate in the criminal justice system or cooperate with law-enforcement authorities in order to be provided with such forensic medical examination. The bill has a delayed effective date of July 1, 2025.

A BILL to amend and reenact §§ 19.2-11.5 through 19.2-11.9 and 19.2-11.12 of the Code of Virginia, relating to trace evidence collection kits.

23105674D

H.B. 2220

Patron: Wampler

GO Virginia Grants; matching funds; sunset. Repeals the sunset date of the provision that allows a locality to use grant funds awarded by the Tobacco Region Revitalization Commission as matching funds for GO Virginia grants.

A BILL to repeal the second enactment of Chapter 525 of the Acts of Assembly of 2020, as amended and reenacted by Chapter 146 of the Acts of Assembly of 2021, Special Session I, and by Chapter 137 of the Acts of Assembly of 2022, relating to GO Virginia Grants; matching funds; sunset.

23101380D

H.B. 2275

Patron: Kilgore

Energy planning and electric utility oversight. Increases from 10 to 13 the membership of the Commission on Electric Utility Regulation (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; and extends the expiration of the Commission from July 1, 2024, to July 1, 2029. The bill requires the Commission to consider legislation referred to it during any session of the General Assembly or other requests by members of the General Assembly.

The bill requires the Division of Renewable Energy and Energy Efficiency of the Department of Energy to present the final Virginia Energy Plan or any updates to the Plan to the  the Commission 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 30-205, 30-209, 45.2-1712, 45.2-1713, and 56-599 of the Code of Virginia, relating to energy planning and electric utility oversight; Commission on Electricity Utility Regulation; membership, meetings, and powers and duties; Virginia Energy Plan; public presentation of plan; electric utilities; integrated research plans; stakeholder groups and public outreach required.

23105602D

H.B. 2314

Patron: Rasoul

Health insurance credits; retired state employees. Increases annually the amount of the health insurance credit for certain retirees who rendered at least 30 years of creditable service in the Virginia Retirement System. The bill increases the credit by the same percentage as any annual post-retirement supplement that is calculated for employees hired on or after July 1, 2010.

A BILL to amend and reenact § 51.1-1400 of the Code of Virginia, relating to health insurance credits for retired state employees.

23105757D

H.B. 2317

Patron: Williams Graves

Jury duty; allowance increase. Increases the jury duty allowance from $30 to $50 per day.

A BILL to amend and reenact § 17.1-618 of the Code of Virginia, relating to jury duty; allowance increase.

23103979D

H.B. 2385

Patron: Brewer

Administration of state government; prohibited actions; civil penalty. Prohibits state agencies from entering into a contract for goods or services with a scrutinized company, defined in the bill as any company owned or operated by a foreign adversary, other than a company for which the Committee on Foreign Investment in the United States has determined that there are no unresolved national security concerns regarding the transaction that created such ownership or permitted such operation. The bill also requires any company that submits a bid or proposal to a state agency with respect to a contract for goods or services to certify in writing that it is not a scrutinized company and outlines the penalties for falsifying information in submitting such certification, including a civil penalty in an amount equal to the greater of $250,000 or twice the amount of the contract for which the bid or proposal was submitted. Finally, the bill prohibits any employee or agent of any executive branch agency or person or entity contracting with any such agency from downloading or using any application, including TikTok or WeChat, or accessing any website developed by ByteDance Ltd. or Tencent Holdings Ltd. (i) on any state-issued device or state-owned or state-leased equipment, including mobile phones, desktop computers, laptop computers, tablets, or other devices capable of connecting to the Internet, or (ii) while connected to any wired or wireless Internet network owned, operated, or maintained by the Commonwealth.

A BILL to amend and reenact §§ 2.2-2009 and 23.1-1017 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-4321.4 and by adding in Chapter 55.3 of Title 2.2 a section numbered 2.2-5514.1, relating to administration of state government; prohibited actions; civil penalty.

23106085D

H.B. 2386

Patron: O'Quinn

Virginia Power Innovation Fund and Program; created. Creates the Virginia Power Innovation Fund with funding to be used solely for the purposes of research and development of innovative energy technologies, including nuclear, hydrogen, geothermal, pumped storage hydropower, battery storage and manufacturing, and carbon capture and utilization. The bill also creates the Virginia Power Innovation Program to use moneys from the Fund to (i) establish a Virginia nuclear innovation hub and (ii) award competitive grants to support energy innovation.

A BILL to amend the Code of Virginia by adding in Chapter 17 of Title 45.2 an article numbered 9, consisting of a section numbered 45.2-1734, relating to Virginia Power Innovation Fund and Program; created.

23103587D

H.B. 2411

Patron: Watts

Attorney fees; emergency custody and voluntary and involuntary civil admissions. Increases the fee that a court-appointed attorney receives for representation during emergency custody and voluntary and involuntary civil admissions from $75 to $120 for each hearing and from $43.25 to $70 for each certification hearing.

A BILL to amend and reenact § 37.2-804 of the Code of Virginia, relating to attorney fees; emergency custody and voluntary and involuntary civil admissions.

23104375D

H.B. 2461

Patron: Durant

Secretary of Finance; COVID-19 penalty reimbursements; sunset. Requires all state agencies to report to the Secretary of Finance the total amount of fines, fees, and interest imposed on individuals, businesses, and nonprofit organizations, including any withdrawal, suspension, or cancellation of an individual's license or certification, resulting from violations of the Commonwealth's COVID-19 practices, guidelines, rules, or operating procedures and any state contracts that were not awarded as a result of noncompliance with the Commonwealth's COVID-19 guidelines. The bill also requires all state agencies to include in such report the fund into which such amounts were deposited. The bill directs the Secretary of Finance, in consultation with the Cabinet Secretaries with responsibility for the impacted agencies, to develop a procedure to provide reimbursement to such individuals, businesses, and nonprofit organizations up to the amount of fines, fees, or interest previously paid for such violations. The bill specifies that the procedure developed by the Secretary of Finance shall provide for the reimbursement to such individuals, businesses, and nonprofit organizations of such amounts from the fund into which the original amounts were deposited. The bill has a sunset date of July 1, 2025.

A BILL to direct state agencies to report to the Secretary of Finance the total amount of fines, fees, and interest imposed due to COVID-19 penalties and provide reimbursements.

23106161D