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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
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Developed and maintained by the Division of Legislative Automated Systems.
2023 SESSION
Co-Chair: Janet D. Howell - Co-Chair: George L. Barker
Clerk: G. Conway, B. Khan, C. Dunn
Staff: Stephen Kindermann
Date of Meeting: February 16, 2023
Time and Place: 4:30 p.m. Shared Committee Room
Updated to remove HB 1842 and HB 1808
Patron: Taylor
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.23100712D
Patron: Orrock
Appointment of sworn unit investigators to Medicaid Fraud Control Unit. Allows the Attorney General to designate up to 30 persons in the Medicaid Fraud Control Unit as sworn unit investigators, sworn only to enforce the provisions of the article. The bill defines sworn unit investigators as law-enforcement officers. All sworn unit investigators will remain subject to the federal requirements authorizing State Medicaid Fraud Control Units.
A BILL to amend and reenact § 9.1-101, as it is currently effective and as it may become effective, of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 32.1-320.1, relating to appointment of sworn unit investigators to Medicaid Fraud Control Unit.23104974D
Patron: Ballard
Crimes by gangs. Expands the definition of "act of violence" and 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.23105571D
Patron: Campbell, J.L.
Child abuse or neglect; findings of local department of social services; appeal. Provides that in cases in which a teacher licensed by the Board of Education or through an alternative pathway and employed by a local school board is found by a local department of social services to have committed child abuse or neglect, the teacher may, after exhausting all options for review by the local department and Commissioner of Social Services, petition the circuit court for a de novo review of such finding. Under current law, such persons may obtain review of the decision only in accordance with the Administrative Process Act.
A BILL to amend and reenact §§ 22.1-298.1, as it is currently effective and as it shall become effective, 22.1-307, and 63.2-1526 of the Code of Virginia, relating to child abuse or neglect; findings of local department of social services; appeal.23102791D
Patron: Walker
False emergency communication to emergency personnel; penalties. 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 and any person suffers a serious bodily injury as a direct and proximate result of the false emergency communication and a Class 5 felony if any person is killed as a direct and proximate result of the false emergency communication.
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.
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 emergency response; false information by device; penalty.23105570D
Patron: Fowler
Sports betting and casino gaming; Gaming Regulatory Fund established. Establishes the Gaming Regulatory Fund (the Fund) for the purpose of offsetting Virginia Lottery Department (the Department) costs associated with conducting investigations and enforcing its regulations. The bill requires the Department to deposit background check fees, licensing fees, renewal or transfer fees, and other permitting fees to the Fund for such purpose. The bill also provides that revenues remaining in the Gaming Proceeds Fund following allocation by the General Assembly shall be transferred to the School Construction Fund.
A BILL to amend and reenact §§ 58.1-4032, 58.1-4033, 58.1-4034, 58.1-4108, 58.1-4114, 58.1-4119, and 58.1-4125, as it is currently effective and as it shall become effective, of the Code of Virginia and to amend the Code of Virginia by adding in Article 2 of Chapter 40 of Title 58.1 a section numbered 58.1-4048, relating to sports betting and casino gaming; allocation of funds.23106260D
Patron: Coyner
Wetland and Stream Replacement Fund; availability of credits; use of funds. Permits the Department of Environmental Quality to use the Wetland and Stream Replacement Fund for purposes other than the purchase of mitigation bank credits, as set out in the bill, if the Department makes a determination within two years after the collection of moneys for a specific impact that mitigation bank credits for such impact will not be available within three years. Currently, the Department can use such funds for other specified purposes if after three years no mitigation bank credits are available for purchase.
A BILL to amend and reenact § 62.1-44.15:23.1 of the Code of Virginia, relating to Wetland and Stream Replacement Fund; availability of credits; use of funds.23101605D
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
Patron: Bulova
Operating or engaging in the conduct of a child day program or family day system without a license; penalty. Clarifies that, for the purpose of the Class 4 felony prescribed for any parent, guardian, or other person responsible for the care of a child younger than the age of 18 who by willful act or willful omission or refusal to provide any necessary care for the child's health causes or permits serious injury to the life or health of such child, the term "willful act or willful omission" includes operating or engaging in the conduct of a child day program or family day system without first obtaining a license such person knows is required by relevant law or after such license has been revoked or has expired and not been renewed.
A BILL to amend and reenact § 18.2-371.1 of the Code of Virginia, relating to operating or engaging in the conduct of a child day program or family day system without a license; penalty.23101181D
Patron: Wilt
Dairy Producer Margin Coverage Premium Assistance Program; Fund; sunset. Creates in the state treasury a special nonreverting fund to be known as the Dairy Producer Margin Coverage Premium Assistance Program Fund. The bill also removes the current expiration date of July 1, 2023, of the Dairy Producer Margin Coverage Premium Assistance Program.
A BILL to amend and reenact § 3.2-3304 of the Code of Virginia, to amend the Code of Virginia by adding a section numbered 3.2-3305.1, and to repeal § 3.2-3307 of the Code of Virginia, relating to Dairy Producer Margin Coverage Premium Assistance Program.23103760D
Patron: Hodges
Governor's Blue Catfish Processing, Flash Freezing, and Infrastructure Grant Program. Establishes the Governor's' Blue Catfish Processing, Flash Freezing, and Infrastructure Grant Program and authorizes the Governor to award grants to political subdivisions from the Governor's Agriculture and Forestry Industries Development Fund as part of the Program. Such grants, in amounts up to $250,000, shall be awarded as reimbursable grants to support blue catfish processing, flash freezing, and infrastructure projects. The bill directs the Secretary of Agriculture and Forestry to develop certain guidelines as provided in the bill on behalf of the Governor to facilitate the Program.
A BILL to amend and reenact § 3.2-304 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 3.1 of Title 3.2 a section numbered 3.2-312, relating to Blue Catfish Processing, Flash Freezing, and Infrastructure Grant Program; created.23105060D
Patron: Bell
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 resulting in the wounding or bodily injury of such person is guilty of suffocation, a Class 6 felony.
A BILL to amend and reenact § 18.2-51.6 of the Code of Virginia, relating to suffocation by blocking or obstructing the airway of another; penalty.23106349D
Patron: Wyatt
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 described in Schedule II of the Drug Control Act, except as authorized in the Drug Control Act, 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, as described in Schedule II of the Drug Control Act, is guilty of a Class 4 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.23106187D
Patron: Cherry
Buying or selling of minors; exceptions; penalties. Creates a Class 5 felony for any person who offers money or other valuable thing to another for the purpose of purchasing or otherwise obtaining custody or control of a minor and thereafter does any substantial act in furtherance of such offer of purchase or obtaining custody or control of such minor. The bill also creates a Class 5 felony for any parent, legal guardian, or other person having custody or control of a minor who receives any money or other valuable thing for or on account of selling or otherwise transferring custody or control of such minor or who offers to sell or otherwise transfer custody or control of such minor. The bill creates exceptions for any person entering into a surrogacy contract or seeking to adopt a child or place his child for adoption pursuant to relevant law.
A BILL to amend the Code of Virginia by adding a section numbered 18.2-356.1, relating to buying or selling of minors; exceptions; penalties.23100309D
Patron: Head
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 with demonstrated evidence of positive student outcomes 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.23100892D
Patron: Campbell, J.L.
Immunity of persons; tort actions; assertion of immunity; attorney fees and costs. Provides that a person shall be immune from tort liability if the tort is based solely on statements (i) regarding matters of public concern that would be protected under the First Amendment to the Constitution of the United States made by that person that are communicated to a third party or (ii) made at a public hearing before the governing body of any locality or other political subdivision, or the boards, commissions, agencies, and authorities thereof, and other governing bodies of any local governmental entity concerning matters properly before such body. Current law specifies that such immunity to civil liability is for specific claims. The bill further provides that any order resolving a plea of immunity shall be treated like an interlocutory appeal. The bill allows for the recovery of reasonable attorney fees and costs when any assertion of immunity is denied and found to be in violation of the sanctions statute. This bill is a recommendation of the Boyd-Graves Conference.
A BILL to amend and reenact § 8.01-223.2 of the Code of Virginia, relating to immunity of persons; tort actions; assertion of immunity; attorney fees and costs.23100732D
Patron: Marshall
MEI Project Approval Commission; review procedures. Adds to the incentive packages for economic development, film, and episodic television projects that require MEI Project Approval Commission (the Commission) review and approval any incentive package in which one of the incentives being sought includes a cash payment of more than $3.5 million from any fund prior to any performance metrics being met by the proposed project. The bill clarifies that in calculating whether the value of proposed incentives exceeds $10 million and thus requires review under current law, the value of existing nondiscretionary tax credits, tax incentives, and grants shall not be considered, with the exception of the sales tax exemption for data centers and the motion picture tax credit. Finally, the bill provides that economic development projects that propose to relocate or expand operations in one area of the Commonwealth while closing or reducing operations in another area of the Commonwealth shall be subject to Commission review only if the value of the proposed incentives exceeds $2.5 million.
The bill also requires state agencies and political subdivisions that have significant involvement in a proposed individual incentive package to verify the job creation and investment data before they are presented to the Commission. Finally, the bill allows the Commission to hold meetings to review potential economic development projects which are not required to be presented to the Commission and would be financed through entitlements to sales taxes or through personal or corporate income tax incentives or modifications.
A BILL to amend and reenact §§ 30-309, 30-310, and 30-312 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 30-310.1, relating to MEI Project Approval Commission; review procedures.23103965D
Patron: O'Quinn
Nuclear Education Grant Fund and Program established. Establishes the Nuclear Education Grant Fund and Program, to be administered by the State Council of Higher Education for Virginia, for the purpose of awarding grants on a competitive basis to any public institution of higher education or private institution of higher education in the Commonwealth that seeks to establish or expand a nuclear education program, defined in the bill as an instructional program that leads to a degree or credential that specifically supports the nuclear power industry, including nuclear engineering and nuclear welding. The bill permits the Council to establish such rules, policies, and procedures as it deems necessary for the administration of the Program, including rules, policies, and procedures for Program applications and grant awards.
A BILL to amend the Code of Virginia by adding in Article 2 of Chapter 2 of Title 23.1 a section numbered 23.1-212.1, relating to Nuclear Education Grant Fund and Program established.23102502D
Patron: O'Quinn
Southwest Virginia Energy Research and Development Authority; powers and duties; Department of Energy and Department of Environmental Quality; report. Provides that the Southwest Virginia Energy Research and Development Authority (the Authority) has the power and duty to (i) support energy development projects, including pump storage hydropower, energy storage, hydrogen production and uses, carbon capture and storage, geothermal energy, advanced wind and solar energy, and advanced reactors and advanced nuclear technologies; (ii) promote energy development projects on closed power plant sites, brownfield sites, former coal mine sites, reclaimed coal mine sites, abandoned mine sites lands, and lands adjacent thereto; (iii) promote energy workforce development and energy supply chain development, including the development of a manufacturing supply chain cluster for small modular reactors, advanced reactors, and advanced nuclear technologies; (iv) identify and work with, through mutually agreed collaborations, the Commonwealth’s research and development partners, in advancing efforts related to energy development in Southwest Virginia; and (v) promote the capture and beneficial use of coal mine methane from active, inactive, and abandoned coal mines as a low-carbon intensity feedstock for manufacturing and energy generation projects located in Southwest Virginia.
The bill defines "energy development project" as any activity that generates, produces, or stores energy, any energy efficiency system, and any supporting ancillary activities located within Southwest Virginia and includes interests in land, improvements, and ancillary facilities and research, development, commercialization, and deployment activities designated by the Authority to the nonprofit collaborative. The bill defines "nonprofit collaborative" as a multi-site nonprofit innovative energy technology testbed established as a collaborative effort of the Department of Energy, the Authority, and the Authority's business partners to support the Authority’s purpose through energy technology research, development, commercialization, and deployment.
The bill requires the Department of Energy (the Department), in consultation with the Department of Environmental Quality and the Authority, to evaluate actions needed to further develop and encourage private sector initiatives to capture, process, compress, and transport coal mine methane to better meet the Commonwealth's energy supply and manufacturing needs and improve air quality. The bill requires the Department and the Department of Environmental Quality to collaborate with the U.S. Environmental Protection Agency (EPA) on ways to coordinate the Commonwealth's efforts to further encourage the capture, processing, compression, and transport of coal mine methane with federal efforts, especially via the EPA's Coalbed Methane Outreach Program. The bill requires the Department to report its findings and any recommendations to the Governor and the Chairmen of the House Committees on Agriculture, Chesapeake and Natural Resources and Commerce and Energy and the Senate Committees on Agriculture, Conservation and Natural Resources and Commerce and Labor by November 1, 2023.
A BILL to amend and reenact §§ 45.2-1717 and 45.2-1720 of the Code of Virginia, relating to the Southwest Virginia Energy and Research Development Authority; powers and duties; Department of Energy and Department of Environmental Quality; report.23103720D
Patron: Bloxom
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, 62.1-216, and 62.1-218 of the Code of Virginia, relating to Virginia Resources Authority; purpose; community development and housing projects.23105056D
Patron: Avoli
Virtual school programs; virtual through-year growth assessment administration. Permits, subject to certain enumerated conditions, any student enrolled in a virtual school program to take any beginning-of-year or mid-year growth assessment required pursuant to relevant law in a virtual setting that best meets the educational needs of the student.
A BILL to require the virtual administration of certain through-year growth assessments for students enrolled in certain virtual school programs.23106034D
Patron: Cherry
Autopsies; decedents in the custody of Department of Corrections. Requires, if a decedent is an inmate in the custody of the Department of Corrections, that an autopsy be performed by the Chief Medical Examiner, an Assistant Chief Medical Examiner, or a pathologist with whom the State Health Commissioner has entered into an agreement. The bill has a delayed effective date of January 1, 2024.
A BILL to amend and reenact § 32.1-285 of the Code of Virginia, relating to autopsies; decedents in the custody of Department of Corrections.23104209D
Patron: Knight
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.23100382D
Patron: Knight
Revenue Stabilization Fund and Revenue Reserve Fund; required deposits. Eliminates the requirement that certain revenues be deposited in the Revenue Stabilization Fund that are in excess of the deposits required by the Constitution of Virginia. Adds a new requirement that additional deposits be made to the Revenue Reserve Fund if general fund revenues exceed certain amounts in a fiscal year.
A BILL to amend and reenact §§ 2.2-1829 and 2.2-1831.3 of the Code of Virginia, relating to Revenue Stabilization Fund and Revenue Reserve Fund; required deposits.23100414D
Patron: Knight
Capital outlay plan. Updates the six-year capital outlay plan for projects to be funded entirely or partially from general fund-supported resources.
A BILL to create a six-year capital outlay plan for projects to be funded entirely or partially from general fund-supported resources and to repeal Chapters 602 and 603 of the Acts of Assembly of 2022.23102413D
Patron: Webert
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 1995.23104151D
Patron: Byron
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.23101037D
Patron: Ballard
Abduction of a minor; penalty. Makes the abduction of a minor a Class 2 felony, unless such abduction is committed by the parent of the person abducted, for which there is a prescribed punishment. Under current law, abduction of any person is punishable as a Class 5 felony if there is no other prescribed punishment.
A BILL to amend and reenact § 18.2-47 of the Code of Virginia, relating to abduction of a minor; penalty.23106189D
Patron: Bell
Protective orders; extensions and continuances; penalty. Provides that if a petitioner files a written motion requesting a hearing to extend a permanent protective order, the court may issue an ex parte protective order until the extension hearing, which shall be held within 15 days of the issuance of such ex parte protective order and may be held after the expiration of the permanent protective order. If the respondent fails to appear at the extension hearing because the respondent was not personally served with such motion, a new date for the extension hearing shall be given and the judge may extend the ex parte preliminary protective order until the new date. The bill also provides that if the respondent was personally served, where the petitioner shows by clear and convincing evidence that a continuance is necessary to meet the ends of justice or the respondent shows good cause, the court may continue the extension hearing and such ex parte preliminary protective order shall remain in effect until the extension hearing.
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.23105894D
Patron: Batten
Treasury Board; powers and duties. Provides that the Treasury Board shall have the power and duty to make recommendations to the Governor on bonds, public-private partnerships, or other financing arrangements executed by private foundations for housing or other capital projects with respect to which an educational institution other than a covered institution is obligated to provide financial or other types of support.
A BILL to amend and reenact § 2.2-2416 of the Code of Virginia, relating to Treasury Board; powers and duties.23105898D
Patron: Durant
Civil commitment of sexually violent predators; penalty. Creates a Class 6 felony for any civilly committed sexually violent predator who tampers with or in any way attempts to circumvent the operation of his GPS equipment while on conditional release. The bill also eliminates the requirement that an expert witness be designated by the Commissioner of Behavioral Health and Developmental Services prior to being permitted to testify at a probable cause hearing.
A BILL to amend and reenact §§ 37.2-906 and 37.2-912 of the Code of Virginia, relating to civil commitment of sexually violent predators; penalty.23100767D
Patron: Runion
Department of Medical Assistance Services; services for individuals with developmental disabilities; financial flexibility; report. Directs the Department of Medical Assistance Services to take steps to amend the Family and Individual Supports, Community Living, and Building Independence waivers to provide greater financial flexibility to individuals with developmental disabilities who are receiving waiver services. The bill requires the Department to report on its progress to the Governor and the General Assembly by December 1, 2023.
A BILL to require the Department of Medical Assistance Services to take steps to amend certain waivers providing services for individuals with developmental disabilities to provide greater financial flexibility for certain services; report.
23104079D
Patron: Krizek
Charitable gaming; temporary permits; limitations. Authorizes the Department of Agriculture and Consumer Services to issue a temporary permit to certain qualified organizations authorizing such organizations to sell instant bingo, pull tabs, or seal cards upon premises located anywhere in the Commonwealth during a convention, conference, or related event lasting no more than seven days held by the organization's affiliated state, regional, or national organization up to four times per year, as designated in the temporary permit. Current law limits the sale of such games by a qualified organization to premises that are owned or exclusively and entirely leased by such organization or premises leased by the organization from any social organization for the purpose of selling such games.
A BILL to amend and reenact §§ 18.2-340.25, 18.2-340.26:1, and 18.2-340.28 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-340.25:2, relating to charitable gaming; temporary permits; limitations.23104704D
Patron: Adams, L.R.
Probation, revocation, and suspension of sentence; penalty. Makes changes to the definition of a technical violation as it pertains to the revocation of suspension of sentence and probation. The bill also provides that upon a first technical violation, if the court originally suspended the imposition of sentence, the court shall revoke such suspension and again suspend all of this sentence and upon a second or subsequent violation, the court may pronounce whatever sentence might have been originally imposed. The bill also specifies that a violation of a term or condition included in the definition of technical violation shall not be considered a special or specific term or condition for sentencing purposes.
The bill also provides that the court may fix the period of probation and the period of suspension for up to the statutory maximum period for which the defendant might originally have been sentenced to be imposed for any felony offense and up to two years for an offense punishable as a Class 1 or Class 2 misdemeanor. Currently, the limitation on periods of probation and periods of suspension is up to the statutory maximum period of imprisonment for any offense.
The bill also adds the offense of crimes against nature committed on or after July 1, 2023, to the list of offenses for which if some period of the sentence for such offense is suspended, the judge is required to order that period of suspension be for the length of time equal to the statutory maximum period for which the defendant might originally have been sentenced to be imprisoned.
A BILL to amend and reenact §§ 19.2-303, 19.2-303.1, and 19.2-306 of the Code of Virginia and to repeal § 19.2-306.1 of the Code of Virginia, relating to probation, revocation, and suspension of sentence; penalty.
23100750D
Patron: Leftwich
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 who has made a demand in writing to that Commonwealth that the Commonwealth not publish such information; such demand shall be effective until rescinded by such judge, justice, 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. The bill removes state and federal judges and justices from the definition of "public official." 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.23106076D
Patron: Carr
Department of Housing and Community Development; powers and duties of Director; comprehensive statewide affordable housing needs assessment and plan. Adds to the powers and duties of the Director of the Department of Housing and Community Development the responsibility to conduct a comprehensive statewide housing needs assessment at least every five years, to develop a statewide housing plan and update such plan at least every five years, and to provide annual updates to the General Assembly regarding meeting the goals of such plan.
A BILL to amend and reenact § 36-139 of the Code of Virginia, relating to the Department of Housing and Community Development; powers and duties of Director; comprehensive statewide affordable housing needs assessment and plan.23104254D
Patron: Delaney
Child victims and witnesses using two-way closed-circuit television; standard. Expands the age range that a child may testify using two-way closed-circuit television in a criminal case to any child younger than 18 years of age at the time of the trial. Under current law, an alleged victim must be 14 years of age or younger at the time of the alleged offense and 16 years of age or younger at the time of the trial and a child witness must be 14 years of age or younger at the time of the trial to testify by two-way closed-circuit television. The bill also provides that the court may order that the testimony of a child be taken by closed-circuit television if it finds that the child is unavailable to testify in open court in the presence of the defendant, the jury, the judge, and the public if the court finds, by a preponderance of the evidence, based upon expert opinion testimony, that the child will suffer emotional trauma that is more than de minimis as a result of testifying in the defendant's presence and not the courtroom generally. Under current law, the court may order such testimony be taken by closed-circuit television if there is a substantial likelihood, based upon expert opinion testimony, that the child will suffer severe emotional trauma from so testifying.
A BILL to amend and reenact § 18.2-67.9 of the Code of Virginia, relating to testimony by child victims and witnesses using two-way closed-circuit television; standard.23105150D
Patron: Fariss
State parks; master planning requirements. Increases from $500,000 to $2 million the value of physical improvements and structures in state parks that are considered substantial improvements, as defined in the bill. The bill also stipulates that the master planning process shall not be considered an impediment to the acquisition of inholdings, adjacent properties to be incorporated into an existing park, or properties acquired for the development of a new park. Such properties, when acquired, shall be incorporated into a park's existing master plan as part of that plan's next scheduled 10-year review and update, or for new parks, a master plan shall be initiated within five years of finalizing the acquisition.
A BILL to amend and reenact §§ 10.1-107 and 10.1-200.1 of the Code of Virginia, relating to state parks; master planning requirements.23103992D
Patron: Williams
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 known to have been derived directly from racketeering activity and (ii) using or investing an aggregate of $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 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.23105795D
Patron: Rasoul
Department of Behavioral Health and Developmental Services; Catawba Hospital; substance abuse treatment and recovery services. Directs the Department of Behavioral Health and Developmental Services to transform Catawba Hospital into a state-of-the-art facility at which a continuum of substance abuse treatment and recovery services is provided in addition to the array of behavioral health and other services currently provided to geriatric individuals in need of mental health care.
A BILL to direct the Department of Behavioral Health and Developmental Services to transform Catawba Hospital into a facility at which a continuum of substance abuse treatment and recovery services is provided; report.23104206D
Patron: Byron
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 administer 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) moves the Innovative Internship Fund and Program from the State Council of Higher Education for Virginia to the Department, and (iii) directs the Secretary of Labor (the Secretary) 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. The Secretary is also required to convene a stakeholder work group to advise the Secretary during the transition period. 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, 2.2-2472, 2.2-3711, 2.2-3905, 40.1-100, 54.1-1101, 60.2-105, 60.2-111, 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 to repeal § 2.2-435.8, Chapter 6 (§§ 40.1-117 through 40.1-127) of Title 40.1, §§ 23.1-903.4, 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.23105937D
Patron: Robinson
License taxes; deductions. Provides a deduction from license taxes for anti-cancer drugs purchased by a medical practice and administered within a physician-patient relationship to patients. The exemption shall only apply to drugs that are administered to a patient whose costs for treatment are paid for by Medicare, Medicaid, or TRICARE.
A BILL to amend and reenact § 58.1-3732 of the Code of Virginia, relating to license taxes; deductions.23103233D
Patron: Kilgore
Hate crimes and discrimination; anti-Semitism; penalties. Provides that as used in the Code of Virginia, "race," "religion," or "national origin" shall include persons of the Jewish faith or ethnicity; "racial, religious, or ethnic animosity" shall include animosity toward the Jewish faith or ethnicity; "race," "religious conviction," or "national origin" shall include persons of the Jewish faith or ethnicity; and "race," "religion," or "ethnic and national origin" shall include persons of the Jewish faith or ethnicity.
A BILL to address discrimination against persons of Jewish faith or ethnicity.23106191D
Patron: Cherry
Flexibility in tuition charges for certain non-Virginia students at certain public institutions of higher education. Provides that certain requirements in the general appropriation act relating to the tuition and mandatory fees charged to non-Virginia students enrolled at public institutions of higher education are waived in relation to any non-Virginia undergraduate student who has completed 30 credit hours of coursework and who is enrolled in a data science and technology, science and engineering, health care, or education program at Norfolk State University, Virginia State University, or any public institution of higher education at which the proportion of full-time equivalent undergraduate non-Virginia student enrollment is less than 20 percent.
A BILL to amend the Code of Virginia by adding a section numbered 23.1-507.1, relating to tuition charges for certain non-Virginia students at certain public institutions of higher education; flexibility.23105991D
Patron: Campbell, E.H.
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.23102174D
Patron: Head
smartCHaRt network Program. Renames the Emergency Department Care Coordination Program as the Smartchart Network Program and expands the Program to allow participation by all health care providers, insurance carriers, and other organizations with a treatment, payment, or operations relationship with a patient in the Commonwealth to facilitate real-time communication and collaboration. Under current law, participation is limited to hospital emergency departments. The bill makes several other modifications to the Program, including adding a requirement that the Program allow health care providers, health care entities, and insurance carriers to access information necessary to evaluate and monitor the care and treatment of a patient in accordance with applicable patient privacy and security requirements and adding a requirement that such entities continue to improve care coordination in hospital emergency departments in order to reduce the frequency of visits by high-volume emergency department utilizers. The bill also directs the State Health Commissioner and the Director of the Department of Medical Assistance Services to convene a work group to study and establish a plan to develop and implement a system to share information regarding a patient's prescription history and medication reconciliation. The bill requires the Commissioner and the Director to report their findings and recommendations to the Chairmen of the Joint Commission on Health Care, Senate Committee on Education and Health, and House Committee on Health, Welfare and Institutions by October 1, 2023. The provisions of the bill other than creation of the work group have a delayed effective date of January 1, 2024.
A BILL to amend and reenact §§ 2.2-3705.5, 32.1-372, 54.1-2523, and 54.1-2525 of the Code of Virginia, relating to Smartchart Network Program.23103961D
Patron: Wyatt
Possession, purchase, or sale of catalytic converters; penalty. Makes it a Class 6 felony for any person to sell, offer for sale, or purchase a catalytic converter from a motor vehicle exhaust system that has been detached from a motor vehicle, except when such sale, offer for sale, or purchase is made to or by a scrap metal purchaser that has adhered to the required compliance provisions. The bill provides that a judge or jury may make a permissive inference that a person who is in possession of a catalytic converter that has been removed from a motor vehicle is presumed to have criminally obtained such catalytic converter unless the person is an authorized agent or employee acting in the performance of his official duties for a motor vehicle dealer, motor vehicle garage or repair shop, or salvage yard that is licensed or registered by the Commonwealth or a person who possesses vehicle registration documentation indicating that the catalytic converter in the person's possession is the result of a replacement of a catalytic converter from a vehicle registered in that person's name.
A BILL to amend and reenact § 18.2-146 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 18.2-146.1, relating to possession, purchase, and sale of catalytic converters; penalty.23105402D
Patron: Austin
Public-Private Partnership Advisory Commission; membership. Makes the Secretary of Finance a permanent member of the Public-Private Partnership Advisory Commission and requires a responsible public entity to submit to the Secretary a copy of any proposal or proposed interim or comprehensive agreement for a qualifying project that it submits to the Commission and other enumerated entities.
A BILL to amend and reenact §§ 30-279 and 30-280 of the Code of Virginia, relating to the Public-Private Partnership Advisory Commission; membership.23100432D
Patron: Bell
Sexual extortion; penalties. Adds sexual extortion, defined in the bill as when an accused maliciously disseminates or sells, or threatens to maliciously disseminate or sell, a videographic or still image created by any means whatsoever that depicts the complaining witness or such complaining witness's family or household member who is totally nude, or in a state of undress so as to expose the genitals, pubic area, buttocks, or female breast, to the list of actions that, when used to accomplish certain acts against the will of another person, constitute rape, forcible sodomy, object sexual penetration, aggravated sexual battery, or sexual battery.
A BILL to amend and reenact §§ 18.2-61, 18.2-67.1, 18.2-67.2, 18.2-67.3, 18.2-67.4, and 18.2-67.10 of the Code of Virginia, relating to sexual extortion; penalties.23104440D
Patron: Morefield
Income tax credits; Neighborhood Assistance Act; Education Improvement Scholarships. Makes several amendments to expand the availability of the Neighborhood Assistance Act Tax Credit and Education Improvement Scholarships Tax Credits (EISTC). The bill makes subject to judicial appeal the decisions of the Department of Education and the Department of Social Services regarding the qualification of a scholarship foundation or the awarding of tax credits; currently, such decisions are final. The bill provides that the annual allocation of tax credits among neighborhood organizations shall not rely solely on the amount of credits awarded in the previous year. For the EISTC, the bill allows certified public accountants to receive tax credits for donations of accounting services to scholarship organizations. The bill also authorizes scholarship foundations, which are the sole recipient of funding from the issuance of EISTC, to receive funding for scholastic assistance, defined in the bill as counseling or supportive services. Under current law, scholarship foundations may receive EISTC funding only for the purpose of providing scholarships.
A BILL to amend and reenact §§ 58.1-439.20, 58.1-439.25, as it shall become effective, 58.1-439.26, and 58.1-439.28, as it shall become effective, of the Code of Virginia and the second enactment of Chapter 808 of the Acts of Assembly of 2019, relating to income tax credits; Neighborhood Assistance Act; Education Improvement Scholarships.23103766D
Patron: Campbell, J.L.
Virginia Public Procurement Act; construction management; contract requirements. Excludes construction management contracts involving infrastructure projects from the requirement that no more than 10 percent of the construction work be performed by the construction manager with its own forces and that the remaining 90 percent of the construction work be performed by subcontractors of the construction manager.
A BILL to amend and reenact § 2.2-4382 of the Code of Virginia, relating to Virginia Public Procurement Act; construction management; contract requirements.23105736D
Patron: O'Quinn
Firefighters; training; electric vehicle fires. Provides that the Executive Director of the Department of Fire Programs shall have the power to develop a training program on the risks of fires in electric vehicles and how to safely and effectively manage such fires to be completed by all firefighters, including volunteer firefighters, and requires the Executive Director to make such training program available by July 1, 2024. The bill also requires all firefighters, including volunteer firefighters, to complete such training program. The provisions of the bill requiring all firefighters to complete such training program have a delayed effective date of July 1, 2024, and the bill requires every person engaged in firefighting activities on July 1, 2024, to complete such training program by December 1, 2025.
A BILL to amend and reenact § 9.1-201 of the Code of Virginia and to amend the Code of Virginia by adding in Article 1 of Chapter 2 of Title 27 a section numbered 27-23.11, relating to firefighters; training; electric vehicle fires.23104387D
Patron: Durant
Establishment of Middle School Mathematics Innovation Zone Program. Establishes the Middle School Mathematics Innovation Zone Program, to be administered by the Department of Education, for the purpose of assisting local school divisions to implement competency-based mathematics education and evidence-based mathematics learning models in grades six, seven, and eight in partnership with technical assistance providers and other approved providers, with preference to be given to public middle schools that demonstrate need based on data from the immediately preceding school year on the grades five, six, and seven mathematics Standards of Learning assessments, rural public middle schools, and public middle schools in economically disadvantaged areas.
A BILL to amend the Code of Virginia by adding a section numbered 22.1-207.8, relating to establishment of Middle School Mathematics Innovation Zone Program.23106275D
Patron: Wiley
Virginia Public Procurement Act; private contracts; payment of subcontractors. Clarifies certain definitions throughout the Code for consistency between public and private construction contracts. The bill updates the notice required when a general contractor withholds all or a part of the amount invoiced by a subcontractor in a public construction contract and when an owner withholds payment from a general contractor to include language specifically identifying the contractual noncompliance, the dollar amount being withheld, and the lower-tier subcontractor responsible for the contractual noncompliance.
A BILL to amend and reenact §§ 2.2-4347, 2.2-4354, and 11-4.6 of the Code of Virginia, relating to construction contracts; payment clauses to be included; right to payment of subcontractors.23105616D
Patron: Krizek
Study; joint subcommittee; creation of a Virginia Gaming Commission; report. Establishes a joint subcommittee of the Senate Committee on General Laws and Technology, the Senate Committee on Finance and Appropriations, the House Committee on General Laws, and the House Committee on Appropriations to study the feasibility of establishing the Virginia Gaming Commission to regulate and oversee all forms of gaming in the Commonwealth.
Establishing a joint subcommittee to study the feasibility of establishing the Virginia Gaming Commission to regulate and oversee all forms of gaming in the Commonwealth. Report.23104371D