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2023 SESSION

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23104547D
HOUSE BILL NO. 2461 Offered January 20, 2023 A BILL to amend the Code of Virginia by adding in Article 5 of Chapter 2 of Title 2.2 a section numbered 2.2-211.1, relating to Secretary of Finance; COVID-19 penalty reimbursements; sunset. ---------- Patron-- Durant ---------- Referred to Committee on General Laws ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Article 5 of Chapter 2 of Title 2.2 a section numbered 2.2-211.1 as follows:

§ 2.2-211.1. COVID-19 penalty reimbursements.

All state agencies shall 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. All state agencies shall include the fund into which such amounts were deposited. The Secretary of Finance, in consultation with the Cabinet Secretaries with responsibility for the impacted agencies, shall develop procedures to provide reimbursement to such individuals, businesses, and nonprofit organizations up to the amount of fines, fees, or interest previously paid for such violations. Such procedures 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.

2. That the provisions of this act shall not become effective unless an appropriation effectuating the purposes of this act is included in a general appropriation act passed in 2023 by the General Assembly that becomes law.

3. That out of any appropriation made for purposes of this act, $1,000,000 the second year shall be made available from the general fund to provide reimbursement to individuals, businesses, and nonprofit organizations whose fines, fees, and interest resulting from violations of COVID-19 practices, guidelines, rules, or operating procedures, as determined by § 2.2-211.1 of the Code of Virginia, as created by this act, were deposited into the general fund. The Director of the Department of Planning and Budget is authorized to transfer such amounts from the general fund to the appropriate state agencies for purposes of the reimbursement of such individuals, businesses, and nonprofit organizations pursuant to the procedure developed by the Secretary of Finance pursuant to § 2.2-211.1 of the Code of Virginia, as created by this act.

4. That the provisions of this act shall expire on June 30, 2025.